Energy Conservation Program for Appliance Standards: Certification Requirements, Labeling Requirements, and Enforcement Provisions for Certain Consumer Products and Commercial Equipment, 81994-82071 [2024-21950]
Download as PDF
<![CDATA[
81994
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 431
[EERE–2023–BT–CE–0001]
RIN 1904–AF48
Energy Conservation Program for
Appliance Standards: Certification
Requirements, Labeling Requirements,
and Enforcement Provisions for
Certain Consumer Products and
Commercial Equipment
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) is publishing a final
rule to establish and amend the
certification provisions, labeling
requirements, and enforcement
provisions for specific types of
consumer products and commercial and
industrial equipment, as described in
sections II and III of this final rule. DOE
is establishing and making amendments
to the certification requirements,
labeling requirements, and enforcement
provisions for these products and
equipment to ensure reporting that is
consistent with currently applicable
energy conservation standards and test
procedures and to ensure DOE has the
information necessary to determine the
appropriate classification of products
for the application of standards.
DATES: The effective date of this rule is
December 23, 2024. This rule
establishes new and amended
certification and labeling requirements.
For products or equipment for which
this rule establishes the initial
certification regulations for certifying
compliance with new or amended
standards, manufacturers must submit
the initial certification report for basic
models distributed in commerce
beginning May 7, 2025. For basic
models with existing certification
regulations, the amendments to the
reporting requirements for certifying
compliance with existing standards will
be mandatory beginning with the annual
certification report submitted on or after
May 7, 2025.
ADDRESSES: The docket, 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,
khammond on DSKJM1Z7X2PROD with RULES2
SUMMARY:
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
such as those containing information
that is exempt from public disclosure.
A link to the docket web page can be
found at www.regulations.gov/docket/
EERE-2023-BT-CE-0001. The docket
web page contains instructions on how
to access all documents, including
public comments, in the docket.
FOR FURTHER INFORMATION CONTACT: Mr.
Lucas Adin, U.S. Department of Energy,
Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–2J, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 287–
5904. 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.
For further information on how to
review the docket contact the Appliance
and Equipment Standards Program staff
at (202) 287–1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. General Comments
1. Rulemaking Process
2. Compliance Timeline
3. Collection of Information
4. Certification Reporting Cost and Burden
5. Calculations for Enforcement Testing
6. Comments on Products/Equipment not
Included in the September 2023 CCE
NOPR
B. Central Air Conditioners and Heat
Pumps
1. Reporting
2. Reporting Costs and Impacts
C. Dishwashers
1. Reporting
2. Reporting Costs and Impacts
D. Residential Clothes Washers
1. Reporting
2. Reporting Costs and Impacts
E. Pool Heaters
1. Reporting
2. Reporting Costs and Impacts
F. Dehumidifiers
1. Reporting
2. Reporting Costs and Impacts
G. External Power Supplies
1. Reporting
2. Reporting Costs and Impacts
H. Battery Chargers
1. Reporting
2. Reporting Costs and Impacts
I. Computer Room Air Conditioners
1. Reporting
2. Reporting Costs and Impacts
PO 00000
Frm 00002
Fmt 4701
Sfmt 4700
J. Direct Expansion-Dedicated Outdoor Air
Systems
1. Reporting
2. Reporting Costs and Impacts
K. Air-Cooled, Three-Phase, Small
Commercial Package Air Conditioners
and Heat Pumps With a Cooling Capacity
of Less Than 65,000 Btu/h and AirCooled, Three-Phase, Variable
Refrigerant Flow Air Conditioners and
Heat Pumps With a Cooling Capacity of
Less Than 65,000 Btu/h
1. Reporting
2. Reporting Costs and Impacts
L. Commercial Water Heating Equipment
1. Reporting
2. Reporting Costs and Impacts
M. Automatic Commercial Ice Makers
1. Reporting
2. Reporting Costs and Impacts
N. Walk-In Coolers and Freezers
1. Reporting
2. Reporting Costs and Impacts
3. Labeling
4. Labeling Costs and Impact
O. Commercial and Industrial Pumps
1. Reporting
2. Reporting Costs and Impacts
P. Portable Air Conditioners
1. Reporting
2. Reporting Costs and Impacts
Q. Compressors
1. Reporting
2. Reporting Costs and Impacts
R. Dedicated-Purpose Pool Pump Motors
1. Reporting
2. Reporting Costs and Impacts
S. Air Cleaners
1. Reporting
2. Reporting Costs and Impacts
T. Single Package Vertical Units
1. Reporting
2. Reporting Costs and Impacts
U. Ceiling Fan Light Kits
1. Reporting
2. Reporting Costs and Impacts
V. General Service Lamps
W. Additional Corrections
X. Revised Certification Templates
Y. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866,
13563, and 14094
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
J. Review Under 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
N. Description of Materials Incorporated by
Reference
V. Approval of the Office of the Secretary
E:\FR\FM\09OCR2.SGM
09OCR2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
I. Authority and Background
khammond on DSKJM1Z7X2PROD with RULES2
A. Authority
The Energy Policy and Conservation
Act, Public Law 94–163, as amended
(‘‘EPCA’’),1 authorizes DOE to regulate
the energy efficiency of a number of
consumer products and certain
industrial equipment. (42 U.S.C. 6291–
6317, as codified) Title III, Part B of
EPCA 2 established the Energy
Conservation Program for Consumer
Products Other Than Automobiles,
which sets forth a variety of provisions
designed to improve energy efficiency,
while Title III, Part C of EPCA,3 added
by Public Law 95–619, Title IV, section
441(a), established the Energy
Conservation Program for Certain
Industrial Equipment, which sets forth a
variety of provisions designed to
improve energy efficiency. These
products and equipment include central
air conditioners and heat pumps (‘‘CAC/
HPs’’), dishwashers (‘‘DWs’’), residential
clothes washers (‘‘RCWs’’), pool heaters,
dehumidifiers, external power supplies
(‘‘EPSs’’), battery chargers, computer
room air conditioners (‘‘CRACs’’),
direct-expansion dedicated outdoor air
systems (‘‘DX–DOASes’’), air-cooled,
three-phase, small commercial package
air conditioners and heat pumps with a
cooling capacity of less than 65,000 Btu/
h (‘‘three-phase, less than 65,000 Btu/h
ACUACs and ACUHPs’’) and air-cooled,
three-phase variable refrigerant flow air
conditioners and heat pumps with a
cooling capacity of less than 65,000 Btu/
h (‘‘three-phase, less than 65,000 Btu/h
VRF’’), commercial water heating
equipment (‘‘CWHs’’), automatic
commercial ice makers (‘‘ACIMs’’),
walk-in coolers and walk-in freezers
(‘‘walk-ins’’), commercial and industrial
pumps, portable air conditioners
(‘‘portable ACs’’), compressors,
dedicated-purpose pool pump motors
(‘‘DPPPMs’’), air cleaners, single
package vertical units (‘‘SPVUs’’),
ceiling fan light kits (‘‘CFLKs’’), and
general service lamps (‘‘GSLs’’), all of
which are subjects of this document. (42
U.S.C. 6292(a)(3), (6–7), (11), and (20);
42 U.S.C. 6295(i)(6), (u), (cc), and (ff); 42
U.S.C. 6311(1)(A–D), (F–G), (K), and
(2)(B)(i)).
The energy conservation program
under EPCA consists essentially of four
parts: (1) testing, (2) labeling, (3) Federal
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.
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
3 For editorial reasons, upon codification in the
U.S. Code, Part C was redesignated Part A–1.
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
energy conservation standards, and (4)
certification and enforcement
procedures. Relevant provisions of
EPCA specifically include definitions
(42 U.S.C. 6291; 42 U.S.C. 6311), test
procedures (42 U.S.C. 6293; 42 U.S.C.
6314), labeling provisions (42 U.S.C.
6294; 42 U.S.C. 6315), energy
conservation standards (42 U.S.C. 6295;
42 U.S.C. 6313), and the authority to
require information and reports from
manufacturers (42 U.S.C. 6316; 42
U.S.C. 6296).
The Federal testing requirements
consist of test procedures that
manufacturers of covered products and
equipment must use as the basis for: (1)
certifying to DOE that their products or
equipment comply with the applicable
energy conservation standards adopted
under EPCA (42 U.S.C. 6295(s); 42
U.S.C. 6316(a); 42 U.S.C. 6316(b); 42
U.S.C. 6296), and (2) making other
representations about the efficiency of
those products or equipment (42 U.S.C.
6293(c); 42 U.S.C. 6314(d)). Similarly,
DOE must use these test procedures to
determine whether the products or
equipment comply with any relevant
standards promulgated under EPCA. (42
U.S.C. 6295(s); 42 U.S.C. 6316(a); 42
U.S.C. 6316(b); 42 U.S.C. 6296).
EPCA authorizes DOE to enforce
compliance with the energy and water
conservation standards established for
covered products and equipment. (42
U.S.C. 6299–6305; 42 U.S.C. 6316(a)–
(b)) DOE has promulgated certification
and/or enforcement regulations that
include reporting requirements for
covered products and equipment
including CAC/HPs, DWs, RCWs, pool
heaters, dehumidifiers, EPSs, battery
chargers, CRACs, three-phase, less than
65,000 Btu/h ACUACs and ACUHPs,
three-phase, less than 65,000 Btu/h
VRF, CWHs, ACIMs, walk-ins,
commercial and industrial pumps,
portable ACs, compressors, SPVUs,
CFLKs, and GSLs. DOE is establishing
certification and reporting requirements
for DX–DOASes, DPPPMs, and air
cleaners. See 10 CFR part 429.
Additionally, DOE is amending labeling
requirements for walk-ins. See 10 CFR
431.305. The reporting requirements
ensure that DOE has the information it
needs to assess whether regulated
products and equipment sold in the
United States comply with the statutory
and regulatory requirements applicable
to each covered product and equipment
type.
B. Background
DOE’s certification regulations are a
mechanism that DOE uses to help
ensure compliance with its regulations
by collecting information about the
PO 00000
Frm 00003
Fmt 4701
Sfmt 4700
81995
energy and water use characteristics of
covered products and covered
equipment distributed in commerce in
the United States. Manufacturers of
most covered products and covered
equipment must submit a certification
report for the duration of distribution,
specifically (1) before a basic model is
distributed in commerce, (2) annually
thereafter, and (3) if the basic model is
redesigned in a manner that increases
the consumption or decreases the
efficiency of the basic model such that
the certified rating is no longer
supported by test data. 10 CFR 429.12.
Additionally, manufacturers must report
when production of a basic model has
ceased and is no longer offered for sale
as part of the next annual certification
report following such cessation. 10 CFR
429.12(f). DOE requires the
manufacturer of any covered product or
covered equipment to establish,
maintain, and retain the records of
certification reports, of the underlying
test data for all certification testing, and
of any other testing conducted to satisfy
the requirements of 10 CFR parts 429,
430, and/or 10 CFR part 431 until 2
years after notifying DOE that a model
has been discontinued. 10 CFR 429.71.
Certification reports provide DOE and
consumers with comprehensive, up-todate efficiency information and support
effective enforcement.
To ensure that all covered products
and covered equipment distributed in
the United States comply with DOE’s
energy and water conservation
standards and reporting requirements,
DOE has promulgated certification,
compliance, and enforcement
regulations in 10 CFR parts 429 and 431.
On March 7, 2011, DOE published in
the Federal Register a final rule
regarding certification, compliance, and
enforcement for consumer products and
commercial and industrial equipment,
which revised, consolidated, and
streamlined DOE’s existing certification,
compliance, and enforcement
regulations for certain consumer
products and commercial and industrial
equipment covered under EPCA. See 76
FR 12422. Since that time, DOE has
completed multiple rulemakings
regarding certification, compliance, and
enforcement for specific covered
products or equipment. See 79 FR 25486
(the May 5, 2014 Final Rule specific to
certification of commercial and
industrial heating, ventilation, and air
conditioning (‘‘HVAC’’), refrigeration,
and water heating equipment) and 87
FR 43952 (the July 22, 2022 Final Rule
amending certification provisions for
CFLKs, general service incandescent
lamps, incandescent reflector lamps,
E:\FR\FM\09OCR2.SGM
09OCR2
81996
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
ceiling fans, consumer furnaces and
boilers, consumer water heaters, DWs,
commercial clothes washers, battery
charges, and DPPPMs).
Additionally, if the Secretary has
prescribed test procedures under section
6314 for any class of covered
equipment, the Secretary shall prescribe
a labeling rule applicable to such class
of covered equipment. See 42 U.S.C.
6315(a). EPCA, however, also sets out
certain criteria that must be met prior to
prescribing a given labeling rule.
Specifically, to establish these
requirements, DOE must determine that:
(1) labeling in accordance with section
6315 is technologically and
economically feasible with respect to
any particular equipment class; (2)
significant energy savings will likely
result from such labeling; and (3)
labeling in accordance with section
6315 is likely to assist consumers in
making purchasing decisions. (42 U.S.C.
6315(h))
If these criteria are met, EPCA
specifies certain aspects of equipment
labeling that DOE must consider in any
rulemaking establishing labeling
requirements for covered equipment. At
a minimum, such labels must include
the energy efficiency of the affected
equipment, as tested under the
prescribed DOE test procedure, and may
also require disclosure of the estimated
operating costs and energy use. (42
U.S.C. 6315(b)) The labeling provisions
shall include requirements the Secretary
determines are likely to assist
purchasers in making purchasing
decisions, such as: requirements and
directions for the display of the label;
requirements for including on any label,
or separately attaching to, or shipping
with, the covered equipment, such as
additional information related to energy
efficiency, energy use, and other
measures of energy consumption,
including instructions for maintenance
and repair of the covered equipment, as
the Secretary determines is necessary to
provide adequate information to
purchasers; and requirements that
printed matter displayed or distributed
with the equipment at the point of sale
also include the information required to
be placed on the label. (42 U.S.C.
6315(c)).
DOE published a notice of proposed
rulemaking (‘‘NOPR’’) in the Federal
Register on September 29, 2023, that
proposed to amend the certification,
reporting, and labeling requirements for
the products and equipment that are the
subjects of this final rule. 88 FR 67458
(‘‘September 2023 CCE NOPR’’). DOE
held a public meeting related to this
NOPR on October 26, 2023 (hereafter,
the ‘‘NOPR public meeting’’).
DOE received comments in response
to the September 2023 CCE NOPR from
the interested parties listed in Table I.1.
TABLE I.1—LIST OF COMMENTERS WITH WRITTEN SUBMISSIONS IN RESPONSE TO THE SEPTEMBER 2023 CCE NOPR
Commenter(s)
Reference in this
final rule
Air-Conditioning, Heating, & Refrigeration Institute .................
American Lighting Association .................................................
Appliance Standards Awareness Program, Consumer Federation of America (‘‘CFA’’), National Consumer Law Center (‘‘NCLC’’), National Resource Defense Council
(‘‘NRDC’’), and Northwest Energy Efficiency Alliance
(‘‘NEEA’’).
Association of Home Appliance Manufacturers .......................
AHAM, ASAP, American Council for an Energy-Efficiency
Economy, Alliance for Water Efficiency, CFA, Consumer
Reports, Earthjustice, NCLC, NRDC, NEEA, and Pacific
Gas and Electric Company (‘‘PG&E’’).
Bradford White Corporation ......................................................
Carrier Global Corporation .......................................................
Grundfos Americas Corporation ...............................................
Hydraulic Institute .....................................................................
MJ L ..........................................................................................
PG&E, Southern California Edison, and San Diego Gas &
Electric Company; collectively, the California InvestorOwned Utilities.
Rheem Manufacturing Company ..............................................
AHRI .......................
ALA .........................
ASAP et al ..............
khammond on DSKJM1Z7X2PROD with RULES2
A parenthetical reference at the end of
a comment quotation or paraphrase
provides the location of the item in the
public record.5 To the extent that
interested parties have provided written
comments that are substantively
4 AHAM comment nos. 9 and 19 are identical.
Therefore, DOE only cites no. 19 in the discussion
section of this final rule.
5 The parenthetical reference provides a reference
for information located in the docket of DOE’s
rulemaking to amend certification, reporting, and
labeling requirements for the subject products and
equipment. (Docket No. EERE–2023–BT–CE–0001),
which is maintained at www.regulations.gov). The
references are arranged as follows: (commenter
name, comment docket ID number, page of that
document).
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
Comment No.
in the docket
AHAM .....................
Joint Stakeholders ..
18
7
14
4 9,
Trade Association.
Trade Association and Efficiency Advocacy Organizations.
13
12
10
20
11
8
Manufacturer.
Manufacturer.
Manufacturer.
Trade Association.
Individual.
Utilities.
Rheem ....................
15
Manufacturer.
II. Synopsis of the Final Rule
Since the previous final rule
amending certification requirements for
covered products (87 FR 43952 (July 22,
2022)), DOE has proposed or finalized
test procedures and/or energy
conservation standards for multiple
Frm 00004
Trade Association.
Trade Association.
Efficiency Advocacy Organizations.
BWC .......................
Carrier .....................
Grundfos .................
Hydraulic Institute ...
MJ L ........................
CA IOUs .................
consistent with any oral comments
provided during the NOPR public
meeting, DOE cites the written
comments throughout this final rule.
Any oral comments provided during the
webinar that are not substantively
addressed by written comments are
summarized and cited separately
throughout this final rule.
PO 00000
16, 19
17
Commenter type
Fmt 4701
Sfmt 4700
products and equipment. In this
rulemaking, DOE is revising its
certification, labeling, and enforcement
regulations for certain covered products
and equipment to align with these
proposed and finalized amendments.
In this final rule, DOE updates the
certification reporting and labeling
requirements as follows:
(1) CAC/HP. Update the CAC/HP
certification reporting requirements at
10 CFR 429.16 to reflect the current
version of the test procedure at
appendix M1 to subpart B of 10 CFR
part 430 (‘‘appendix M1’’) including test
condition information. Correct
discrepancies in CAC/HP sampling plan
E:\FR\FM\09OCR2.SGM
09OCR2
khammond on DSKJM1Z7X2PROD with RULES2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
to require using Student’s t-Distribution
Values from appendix A to subpart B of
part 429.
(2) DW. Align the DW certification
reporting requirements with appendix
C1 to subpart B of 10 CFR part 430
(‘‘appendix C1’’), and with appendix C2
to subpart B of 10 CFR part 430
(‘‘appendix C2’’). Manufacturers were
required to use the revised appendix C1
test procedure beginning July 17, 2023,
and use of appendix C2 is required
when certifying compliance with
amended energy conservation standards
based on appendix C2. Add reporting
requirements specific to the energy and
water use for DWs with water re-use
systems and built-in reservoirs.
(3) RCWs. Remove outdated
certification reporting requirements for
RCWs pertaining to appendix J1 to
subpart B of 10 CFR part 430
(‘‘appendix J1’’), which has been
removed. Update the existing
certification reporting requirements
pertaining to appendix J2 to subpart B
of 10 CFR part 430 (‘‘appendix J2’’) for
consistency with test procedure
terminology. Add a reporting
requirement for test cloth lot used by a
manufacturer for testing/certifying to
align with RCW enforcement provisions
outlined in 10 CFR 429.134(c). Add new
certification reporting requirements
specific to appendix J to subpart B of 10
CFR part 430 (‘‘appendix J’’), use of
which will be required to demonstrate
compliance with amended energy
conservation standards based on
appendix J.
(4) Pool heaters. Align pool heater
certification reporting requirements
with the amended energy conservation
standards established in a final rule
published on May 30, 2023 (88 FR
34624) to require reporting of thermal
efficiency for electric pool heaters and
establish new reporting requirements
specific to electric pool heaters.
(5) Dehumidifiers. Remove outdated
certification reporting requirements for
dehumidifiers pertaining to appendix X
to subpart B of 10 CFR part 430
(‘‘appendix X’’), use of which is no
longer required.
(6) EPSs. Align EPS certification
reporting requirements with the
amended test procedure at appendix Z
to subpart B of 10 CFR part 430
(‘‘appendix Z’’), use of which is
required beginning February 15, 2023.
Add reporting requirements to specify
the effective wire gauge and length of
the output cord shipped with the EPS
(or the manufacturer’s recommended
output cord specifications). Update the
existing EPS certification reporting
requirements to align with the energy
conservation standards established in
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
the February 10, 2014 final rule (79 FR
7845), and require output voltage,
which is needed to verify the applicable
product class. Revise sales reporting
requirements for EPSs exempt from
energy conservation standards to
include the years for which the sales
number represents.
(7) Battery chargers. Align battery
charger certification reporting
requirements with appendix Y1 to
subpart B of 10 CFR part 430
(‘‘appendix Y1’’), use of which would be
required for any future amended energy
conservation standards for battery
chargers.
(8) CRACs. Align CRAC certification
reporting requirements with amended
energy conservation standards
established in a final rule published in
the Federal Register on June 2, 2023 (88
FR 36392) and require submission of a
supplemental testing instructions file in
PDF format. Establish alternative
efficiency determination method
(‘‘AEDM’’) tolerances for CRAC
verification tests for net sensible
coefficient of performance
(‘‘NSenCOP’’).
(9) DX–DOASes. Establish DX–DOAS
certification reporting requirements for
certifying compliance with the energy
conservation standards established in
the November 1, 2022 final rule (87 FR
65651), compliance with which is
required beginning May 1, 2024.
Require submission of a supplemental
testing instructions file in PDF format.
(10) Commercial AC/HPs. Establish
certification reporting requirements for
three-phase, less than 65,000 Btu/h
ACUACs and ACUHPs and three-phase,
less than 65,000 Btu/h VRF aligned with
the energy conservation standards
established in the final rule published
on June 2, 2023 (88 FR 36392),
compliance with which would be
required beginning January 1, 2025.
Correct discrepancies in sampling plan
for three-phase, less than 65,000 Btu/h
ACUACs and ACUHPs and three-phase,
less than 65,000 Btu/h VRF to specify
that the Student’s t-Distribution Values
from appendix A to subpart B of part
429 should be used.
(11) CWHs. Align CWH certification
reporting requirements with amended
energy conservation standards proposed
in the May 19, 2022 NOPR (87 FR
30610). Add reporting requirements
specific to commercial electric
instantaneous water heaters.
Additionally, add rated input reporting
requirement for commercial electric
storage water heaters.
(12) ACIMs. Align existing ACIM
certification reporting requirements
with revised ‘‘energy use’’ and
‘‘condenser water use’’ definitions and
PO 00000
Frm 00005
Fmt 4701
Sfmt 4700
81997
terminology adopted in the amended
test procedure at 10 CFR 431.134, use of
which is required beginning October 27,
2023. Correct ACIM sampling
requirements to remove discrepancy
and require using the Student’s tDistribution Values for a 95-percent
one-tailed confidence interval.
(13) Walk-Ins. For walk-in
refrigeration systems, add requirement
to report whether each refrigeration
system meets the definition of a carbon
dioxide (‘‘CO2’’) unit cooler, detachable
single-packaged dedicated system, or an
attached split system, consistent with
amendments to 10 CFR 431.302. Add
requirements for submission of
supplementary testing information if
necessary to run a valid test and provide
an option to report any compressor
break-in duration used to obtain
certified rating. Additionally, expand
the certification reporting requirements
for walk-in cooler and freezer doors
with anti-sweat heat (‘‘ASH’’). Revise
labeling requirements for walk-in panels
at 10 CFR 431.305.
(14) Commercial and Industrial
Pumps. Provide minor corrections to the
terminology of variables in the
certification requirements.
(15) Portable ACs. Clarify existing
certification reporting requirements for
portable ACs and align them with
instructions specified in the test
procedure at appendix CC to subpart B
of 10 CFR part 430 (‘‘appendix CC’’) and
10 CFR 429.62(a)(5).
(16) Compressors. Establish an annual
filing date of September 1 for
compressors at 10 CFR 429.12(d).
(17) DPPPMs. Add certification
reporting requirements for DPPPMs
when certifying compliance with the
energy conservation standards adopted
in the September 28, 2023 final rule (88
FR 66966), and establish an annual
filing date of September 1 at 10 CFR
429.12(d).
(18) Air cleaners. Add certification
reporting requirements for air cleaners
when certifying compliance with the
energy conservation standards adopted
in the April 11, 2023 direct final rule,
compliance with which was required
beginning December 31, 2023, establish
an annual filing date of December 1 at
10 CFR 429.12(d), and provide minor
correction to sampling provisions at 10
CFR 429.68(a)(2)(ii).
(19) SPVAC/HPs. Align SPVAC/HPs
certification reporting requirements
with amended energy conservation
standards proposed in the December 8,
2022 ECS NOPR (87 FR 75388) and add
content requirements for supplemental
testing instructions file in PDF format.
E:\FR\FM\09OCR2.SGM
09OCR2
81998
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
(20) CFLKs. Clarify existing CFLK
reporting requirements at 10 CFR
429.33(b)(2)(ii)(A) and (b)(3)(ii)(B).
(21) GSLs. Specify certifying
compliance to the GSL backstop
requirement of 45 lumens per watt (lm/
W) at 10 CFR 430.32(dd).
The adopted amendments are
summarized in Table II.1 and compared
to the certification, reporting, and
labeling requirements prior to the
amendment, as well as the reason for
the adopted change. Table II.1 also
provides the required compliance date
for the certification requirements
established in this final rule.
TABLE II.1—SUMMARY OF CHANGES TO CERTIFICATION REPORTING REQUIREMENTS RELATIVE TO CURRENT
CERTIFICATION REPORTING REQUIREMENTS
Current DOE certification reporting
requirements
Amended certification reporting
requirements
Attribution
Compliance required
For CAC/HPs, no reporting requirement to indicate whether
variable speed coil-only rating is
based on non-communicating or
communicating control system.
Add reporting requirement to
§ 429.16(e)(2)(vi) to specify
whether variable speed coilonly rating is based on noncommunicating or communicating control system.
Add reporting requirement to
§ 429.16(e)(4)(iv) to specify
whether system varies blower
speeds with outdoor air conditions.
Correct § 429.16(b)(3)(i)(B), (ii)(B),
and (iii)(A)(2) to specify that the
Student’s t-Distribution Values
in appendix A to subpart B of
part 429 should be used.
Required to determine applicable
test conditions specified in appendix M1 test procedure.
When certifying compliance in accordance with the next annual
certification report filing date on/
after May 7, 2025.
Required to determine applicable
test conditions specified in appendix M1 test procedure.
When certifying compliance in accordance with the next annual
certification report filing date on/
after May 7, 2025.
Removes discrepancy from sampling provisions, improves clarity.
N/A.
Remove referenced standard in
§ 429.19(b)(2) and from the list
of materials incorporated by reference in § 429.4.
Ensures consistency between reporting requirements and DW
test procedures.
N/A.
Required to ensure that information reported to DOE is consistent with the tested cycle requirements specified in appendix C2.
On or before April 23, 2027, the
compliance date of amended
energy conservation standards
based on appendix C2.
Required to ensure that the reported test cycle is a valid test
cycle that meets the specified
cleaning index threshold.
On or before April 23, 2027, the
compliance date of amended
energy conservation standards
based on appendix C2.
Required to account for extra energy use and water use associated with water re-use systems.
When certifying compliance in accordance with the next annual
certification report filing date on/
after May 7, 2025.
Required to account for water
consumption of DWs with builtin reservoirs, and therefore determine compliance with the
current energy conservation
standards.
When certifying compliance in accordance with the next annual
certification report filing date on/
after May 7, 2025.
For DWs, no rounding requirements are specified in § 429.19.
Add reporting requirements for
cycle selected for energy test at
heavy, medium, and light soil
loads, whether the cycles are
soil-sensing, and the options
selected for the energy test at
these soil loads (when testing
in accordance with appendix
C2) to § 429.19(b)(3)(iv).
Add reporting requirement for average cleaning index of sensor
heavy response, sensor medium response, and sensor light
response test cycles (when
testing in accordance with appendix C2) to § 429.19(b)(3)(v).
Add reporting requirements specific to water re-use system
DWs to § 429.19(b)(3)(vii), including energy use and water
use associated with drain out
and clean out events.
Add reporting requirements specific to DWs with built-in reservoirs to § 429.19(b)(3)(viii), including reservoir capacity,
prewash and main wash fill
water volume, and total water
consumption.
Add rounding requirements to
§ 429.19(c).
Improves representativeness, repeatability, and reproducibility.
For RCWs, reporting requirements
include outdated requirements
associated with appendix J1.
Remove obsolete appendix J1
RCW reporting requirements
from § 429.20(b)(2)(i).
Appendix J1 has been removed
from 10 CFR part 430.
When certifying compliance in accordance with the next annual
certification report filing date on/
after May 7, 2025.
N/A.
For CAC/HPs, no reporting requirement to indicate whether
system varies blower speeds
with outdoor air conditions.
For CAC/HPs, current sampling requirements state to use Student’s t-Distribution Values from
‘‘Appendix D,’’ whereas appendix A to subpart B of part 429
contains the applicable Student’s
t-Distribution Values.
For DWs, reporting requirements
in § 429.19(b)(2) and (3) and list
of materials incorporated by reference in § 429.4 specify ANSI/
AHAM DW–1–2010.
For DWs, reporting requirements
do not include cycle selected for
energy test.
For DWs, reporting requirements
do not include cleaning index.
For DWs, reporting requirements
do not reflect water re-use system DWs.
khammond on DSKJM1Z7X2PROD with RULES2
For DWs, reporting requirements
do not reflect information needed for DWs with built-in reservoirs.
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
PO 00000
Frm 00006
Fmt 4701
Sfmt 4700
E:\FR\FM\09OCR2.SGM
09OCR2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
81999
TABLE II.1—SUMMARY OF CHANGES TO CERTIFICATION REPORTING REQUIREMENTS RELATIVE TO CURRENT
CERTIFICATION REPORTING REQUIREMENTS—Continued
Current DOE certification reporting
requirements
For RCWs, ‘‘capacity’’ is required
to be reported.
For RCWs, reporting requirements
do not include test cloth lot used
by manufacturer for testing and
certifying.
For RCWs, no reporting requirements for RCWs tested in accordance with appendix J test
procedure.
For pool heaters, reporting requirement only includes thermal efficiency for gas-fired pool heaters.
For electric pool heaters, no reporting requirement for active
electrical power.
For dehumidifiers, reporting requirements include outdated requirements associated with appendix X.
For EPSs, no reporting requirement for output cord specifications.
For EPSs, no reporting requirements for output voltage.
khammond on DSKJM1Z7X2PROD with RULES2
For EPSs exempt from the energy
conservation standards, only the
number of units of exempt external power supplies sold during
the most recent 12-calendarmonth period ending on July 31,
importer or manufacturer name
and address, and brand name
must be reported.
For battery chargers, reporting requirements only reflect metrics
associated with battery chargers
tested in accordance with appendix Y.
For CRACs, reporting requirements do not include provisions
for certifying compliance with net
sensible coefficient of performance standards.
For CRACs, reporting requirements do not include provisions
for submitting a supplemental
testing instructions file in PDF
form.
VerDate Sep<11>2014
17:02 Oct 08, 2024
Amended certification reporting
requirements
Attribution
Compliance required
Update existing requirement to
Consistency in terminology bespecify ‘‘clothes container catween existing test procedure
pacity’’ rather than ‘‘capacity’’ at
and reporting requirements.
§ 429.20(b)(2)(ii).
Add reporting requirement to
Required to ensure that correct
§ 429.20(b)(3) for test cloth lot
remaining moisture content calnumber used during testing to
culation is used for enforcement
determine other reported values.
testing per RCW enforcement
provisions specified in
§ 429.134(c).
Add reporting requirements for
Required to ensure compliance
energy efficiency ratio, water efwith amendments to energy
ficiency ratio, type of control
conservation standards.
system, remaining moisture
content, clothes container capacity, and type of loading
when certifying in accordance
with appendix J to
§ 429.20(b)(2)(i).
Add reporting requirement for inRequired to determine compliance
tegrated thermal efficiency for
with the amended energy conboth gas-fired and electric pool
servation standards.
heaters to § 429.24(b)(2)(i).
Add reporting requirement for acRequired to determine compliance
tive electrical power for electric
with the amended energy conpool heaters to § 429.24(b)(2)(ii).
servation standards.
Remove obsolete appendix X de- Appendix X test procedure is no
humidifier reporting requirelonger permitted for use to
ments from § 429.36(b)(2)(i).
demonstrate compliance with
energy conservation standards.
Add reporting requirement for out- Required to conduct amended apput cord effective wire gauge
pendix Z test procedure.
and length (or for EPSs shipped
without an output cord, effective
wire gauge and length for the
manufacturer’s recommended
output cord) to § 429.37(b)(i)–
(iv).
Add reporting requirements for
Required to determine compliance
output voltage to § 429.37(i)
with currently applicable energy
through (iv).
conservation standards.
N/A.
When certifying compliance in accordance with the next annual
certification report filing date on/
after May 7, 2025.
On or before March 1 2028, the
compliance date of amended
energy conservation standards
based on appendix J.
On or before May 30, 2028, the
compliance date of amended
energy conservation standards.
On or before May 30, 2028, the
compliance date of amended
energy conservation standards.
N/A.
When certifying compliance in accordance with the next annual
certification report filing date on/
after May 7, 2025.
When certifying compliance in accordance with the next annual
certification report filing date on/
after May 7, 2025.
When certifying compliance in accordance with the next annual
certification report filing date on/
after May 7, 2025.
Add requirement that the year for
which the sales number being
reported represents to
§ 429.37(b)(3) and (c).
Improved clarity, consistency with
other similar reporting requirements.
Add reporting requirements to
§ 429.39(b)(5) and (6) for battery chargers tested in accordance with newly adopted appendix Y1, multi-metric approach.
Add reporting requirements specific to net sensible coefficient
of performance to
§ 429.43(b)(2)(ix)(B).
Required to determine compliance
with any future amended energy conservation standards for
battery chargers.
On or before the compliance date
of any future amended energy
conservation standards based
on appendix Y1.
Required to determine compliance
with the amended energy conservation standards.
May 7, 2025.
Add supplemental testing instructions file requirements in PDF
form for certification reports to
§ 429.43(b)(4)(viii).
Required to ensure that testing
conditions are met in the case
of enforcement testing.
May 7, 2025.
Jkt 265001
PO 00000
Frm 00007
Fmt 4701
Sfmt 4700
E:\FR\FM\09OCR2.SGM
09OCR2
82000
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
TABLE II.1—SUMMARY OF CHANGES TO CERTIFICATION REPORTING REQUIREMENTS RELATIVE TO CURRENT
CERTIFICATION REPORTING REQUIREMENTS—Continued
Current DOE certification reporting
requirements
Amended certification reporting
requirements
Attribution
For CRACs, reporting requirements do not include indoor and
outdoor unit individual model
numbers.
For CRACs, current AEDM tolerances do not specify tolerances
for NSenCOP verification tests.
Add reporting requirements for indoor and outdoor unit individual
model numbers to
§ 429.43(b)(6)(i).
Add tolerance of 5 percent to
table 2 to § 429.70(c)(5)(vi)(B)
for CRAC verification tests for
NSenCOP.
Add reporting requirements for integrated seasonal moisture removal efficiency 2 and integrated seasonal coefficient of
performance 2, as well as rated
moisture removal capacity,
rated supply airflow rate, and
configuration of the basic model
to § 429.43(b)(2)(xi)(A) through
(C).
Add reporting requirements for
systems with VERS to
§ 429.43(b)(3)(iii).
Required to determine specific individual models distributed in
commerce under each basic
model.
Required for consistency with allowable AEDMs for other product types and metrics.
May 7, 2025.
Required to determine compliance
with the energy conservation
standards.
May 7, 2025.
Required to fully ensure that enforcement provisions specified
at § 429.134(s) for DX–DOASes
are met in the case of enforcement testing.
Required to ensure that testing
conditions are met in the case
of enforcement testing.
May 7, 2025.
Add reporting requirements for indoor and outdoor unit individual
model numbers to
§ 429.43(b)(6)(ii).
Add reporting requirements for
seasonal energy efficiency ratio
2 and heating seasonal performance factor 2 to
§ 429.67(f)(2).
Required to determine specific individual models distributed in
commerce under each basic
model.
Required to determine compliance
with energy conservation standards.
May 7, 2025.
Add reporting requirements for indoor and outdoor unit individual
model numbers to
§ 429.67(f)(4)).
Required to determine specific individual models distributed in
commerce under each basic
model.
May 7, 2025.
Add supplemental testing instructions file requirements in PDF
form for certification reports for
outdoor units with no match to
§ 429.67(f)(3).
Required to ensure that testing
conditions are met in the case
of enforcement testing.
May 7, 2025.
Correct § 429.67(c)(2)(ii)(A)(2) to
specify that the Student’s t-Distribution Values in appendix A
to subpart B of part 429 should
be used.
Removes discrepancy from sampling provisions, improves clarity.
N/A.
khammond on DSKJM1Z7X2PROD with RULES2
For DX–DOASes, reporting requirements do not include provisions for certifying compliance
with integrated seasonal moisture removal efficiency 2 and integrated seasonal coefficient of
performance 2 standards.
For DX–DOASes, reporting requirements do not include reporting requirements for systems
with ventilation energy recovery
systems (‘‘VERS’’).
For DX–DOASes, reporting requirements do not include provisions for submitting a supplemental testing instructions file in
PDF form.
For DX–DOASes, reporting requirements do not include indoor
and outdoor unit individual
model numbers.
For three-phase less than 65,000
Btu/h ACUACs and ACUHPs
and three-phase less than
65,000 Btu/h VRF, no reporting
requirements for seasonal energy efficiency ratio 2 and heating seasonal performance factor
2.
For three-phase less than 65,000
Btu/h ACUACs and ACUHPs
and three-phase less than
65,000 Btu/h VRF, reporting requirements do not include indoor
and outdoor unit individual
model numbers.
For three-phase less than 65,000
Btu/h ACUACs and ACUHPs
and three-phase less than
65,000 Btu/h VRF, reporting requirements do not include provisions for submitting a supplemental testing instructions file in
PDF form for outdoor units with
no match.
For three-phase less than 65,000
Btu/h ACUACs three-phase less
than 65,000 Btu/h VRF, current
sampling requirements state to
use the Student’s t-Distribution
Values from ‘‘appendix D’’,
whereas appendix A to subpart
B of part 429 contains the applicable Student’s t-Distribution
Values.
VerDate Sep<11>2014
17:02 Oct 08, 2024
Add supplemental testing instructions file requirements in PDF
form for certification reports to
§ 429.43(b)(4)(x).
Jkt 265001
PO 00000
Frm 00008
Fmt 4701
Sfmt 4700
E:\FR\FM\09OCR2.SGM
Compliance required
May 7, 2025.
May 7, 2025.
May 7, 2025.
09OCR2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
82001
TABLE II.1—SUMMARY OF CHANGES TO CERTIFICATION REPORTING REQUIREMENTS RELATIVE TO CURRENT
CERTIFICATION REPORTING REQUIREMENTS—Continued
Current DOE certification reporting
requirements
Amended certification reporting
requirements
Attribution
For CWHs, no reporting requirements for electric instantaneous
water heaters.
Add reporting requirements for
electric instantaneous water
heaters to § 429.44(c)(2)(vi)–
(vii).
Add rated input reporting requirement for electric storage water
heaters to § 429.44(c)(2)(i).
Required to determine compliance
with energy conservation standards.
May 7, 2025.
Required to determine that models exceed the definitional requirement for electric storage
water heaters.
Improved clarity and consistency
with definitions.
When certifying compliance in accordance with the next annual
certification report filing date on/
after May 7, 2025.
When certifying compliance in accordance with the next annual
certification report filing date on/
after May 7, 2025.
When certifying compliance in accordance with the next annual
certification report filing date on/
after May 7, 2025.
For CWHs, no rated input reporting requirement for electric storage water heaters.
For ACIMs, reporting requirements
include ‘‘maximum energy use’’
and ‘‘maximum condenser water
use’’.
For ACIMs, no rounding requirements for represented values
specified in 10 CFR 429.45.
For ACIMs, sampling provisions
require use of the Student’s tDistribution Values for a 95-percent two-tailed confidence interval from appendix A to subpart
B of part 429, whereas appendix
A to subpart B of part 429 contains one-tailed Student’s t-Distribution Values.
For walk-in refrigeration systems,
no reporting requirement for
whether the basic model meets
the definition of a CO2 unit cooler.
For walk-in refrigeration systems,
the configuration reporting requirement does not include ‘‘detachable single-packaged dedicated system’’ or ‘‘attached split
system’’.
For walk-in dedicated condensing
systems, no reporting requirement for head pressure controls.
Improves representativeness, repeatability, and reproducibility.
Removes discrepancy from sampling provisions, improves clarity.
N/A.
Add reporting requirement for
whether the basic model meets
the definition of a CO2 unit
cooler to § 429.53(b)(2)(iii)(G).
Required to ensure test conditions
specified in the test procedure
are met.
When certifying compliance in accordance with the next annual
certification report filing date on/
after May 7, 2025.
Required to ensure test conditions
specified in the test procedure
are met.
When certifying compliance in accordance with the next annual
certification report filing date on/
after May 7, 2025.
Required to ensure test conditions
specified in the test procedure
are met.
When certifying compliance in accordance with the next annual
certification report filing date on/
after May 7, 2025.
When certifying compliance in accordance with the next annual
certification report filing date on/
after May 7, 2025.
For walk-in panels, date of manufacturer is not required on a
panel’s nameplate or label.
Modify current configuration reporting requirement in
§ 429.53(b)(2)(iii)(C) to include
‘‘detachable single-packaged
dedicated system’’ and ‘‘attached split system’’.
Add reporting requirement in
§ 429.53(b)(3)(ii) for whether
the basic model has head pressure controls.
Add requirement in § 429.53(b)(4)
for submission of supplement
test information in PDF format,
if necessary to run a valid test,
at the time of certification.
Add optional reporting requirement to § 429.53(b)(3)(ii) for
compressor break-in duration
used to obtain certified rating, if
applicable.
Add reporting requirements to
§ 429.53(b)(2)(i)(H) for conditions (i.e., temperature, humidity, etc.) at which the controls
activate the ASH wire.
Add reporting requirement for
thermal conduction load
through the door to
§ 429.53(b)(3)(i)(B).
Require panel manufacture date
be added to the nameplate or
label in § 431.305(a).
For commercial and industrial
pumps, Piin is listed as Pini.
Amend all instances of Pini with
Piin.
Standardize variables with those
used in the test procedure.
No supplemental testing instructions for walk-in refrigeration
systems.
For walk-in refrigeration systems,
no reporting requirement for
compressor break-in duration
used to obtain certified rating.
khammond on DSKJM1Z7X2PROD with RULES2
Update reporting requirement terminology to specify ‘‘energy
use’’ and ‘‘condenser water
use’’ in § 429.45(b)(2).
Add rounding requirements in
§ 429.45(b)(3) that specify represented values determined in
10 CFR 429.45 must be rounded consistent with the test procedure rounding instructions
upon the compliance date of
any amended standards.
Revise sampling provisions in 10
CFR 429.45(a)(2) to correct this
discrepancy and clarify that the
Student’s t-Distribution Values
for a 95-percent one-tailed confidence interval from appendix
A to subpart B of part 429.
Compliance required
For walk-in doors with anti-sweat
heater (ASH) controls, no reporting requirements for conditions
at which the controls activate the
ASH wire.
For walk-in doors, no reporting requirement for thermal conduction
load through the door.
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
PO 00000
Frm 00009
Fmt 4701
Required to ensure test conditions
specified in the test procedure
are met.
Improves representativeness, repeatability, and reproducibility.
When certifying compliance in accordance with the next annual
certification report filing date on/
after May 7, 2025.
Required to ensure applicable enforcement provisions are met in
the case of enforcement testing.
When certifying compliance in accordance with the next annual
certification report filing date on/
after May 7, 2025.
Required to calculate daily energy
consumption.
When certifying compliance in accordance with the next annual
certification report filing date on/
after May 7, 2025.
When certifying compliance in accordance with the next annual
certification report filing date on/
after May 7, 2025.
N/A.
Aids enforcement evaluation, as
necessary.
Sfmt 4700
E:\FR\FM\09OCR2.SGM
09OCR2
82002
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
TABLE II.1—SUMMARY OF CHANGES TO CERTIFICATION REPORTING REQUIREMENTS RELATIVE TO CURRENT
CERTIFICATION REPORTING REQUIREMENTS—Continued
Current DOE certification reporting
requirements
Amended certification reporting
requirements
Attribution
For portable ACs, reporting requirement for duct configuration
lists ‘‘ability to operate in both
configurations’’ as an option.
Remove ‘‘ability to operate in both
configurations’’ as an option in
§ 429.62(b)(2) and add reporting requirement for whether
model is distributed in commerce with multiple duct configuration options.
Add reporting requirements for
whether the basic model is variable-speed, and if yes; the fullload seasonally adjusted cooling capacity to § 429.62(b)(3).
Establish an annual filing date of
September 1 at 10 CFR
429.12(d), by which manufacturers would be required to submit required reporting information to DOE.
Add reporting requirements for
DPPPMs to § 429.65(e).
Improved clarity, consistency with
instructions in appendix CC and
10 CFR 429.62(a)(5).
May 7, 2025.
Required to determine compliance
with the energy conservation
standards.
May 7, 2025.
Required to ensure certification information is current on an annual basis, consistent with the
requirements for other covered
products and equipment.
September 1, 2025 (first occurrence of September 1st after
compliance date of energy conservation standards in January
2025).
Required to verify compliance with
new energy conservation standards.
For DPPPMs, no rounding requirements outlined in 10 CFR
429.65.
Add rounding requirements for
DPPPMs to § 429.65(f).
Improves representativeness, repeatability, and reproducibility.
For DPPPMs, no annual filing date
specified in 10 CFR 429.12.
Establish an annual filing date of
September 1 at 10 CFR
429.12(d), by which manufacturers would be required to submit required reporting information to DOE.
Add reporting requirements for air
cleaners to § 429.68(b).
Required to ensure certification information is current on an annual basis, consistent with the
requirements for other covered
products and equipment.
On or before September 29, 2025
(for DPPPMs <0.5 THP, ≥1.15
THP, and ≤5 THP), the compliance date of new energy conservation standards. On or before September 28, 2027 (for
DPPPMs ≥0.5 THP and <1.15
THP), the compliance date of
new energy conservation standards.
On or before September 29, 2025
(for DPPPMs <0.5 THP, ≥1.15
THP, and ≤5 THP), the compliance date of new energy conservation standards. On or before September 28, 2027 (for
DPPPMs ≥0.5 THP and <1.15
THP), the compliance date of
new energy conservation standards.
September 1, 2026, (first occurrence of September 1st after
compliance date of energy conservation standards in September 2025).
For portable ACs, no reporting requirement for full-load seasonally adjusted cooling capacity for
variable-speed models.
For compressors, reporting requirements are included in 10
CFR 429.63, but no annual filing
date is specified in 10 CFR
429.12.
khammond on DSKJM1Z7X2PROD with RULES2
For DPPPMs, no reporting requirements outlined in 10 CFR
429.65.
For air cleaners, no reporting requirements outlined in 10 CFR
429.68.
For air cleaners, no annual filing
Establish an annual filing date of
date specified in 10 CFR 429.12.
December 1 at 10 CFR
429.12(d), by which manufacturers would be required to submit required reporting information to DOE.
For air cleaners, 10 CFR
Correct 10 CFR 429.68(a)(2)(ii) to
429.68(a)(2)(ii) includes a typospecify ‘‘equal to the lower’’.
graphical error and states ‘‘equal
to the high’’.
For SPVUs, reporting requirements Add reporting requirements for
do not include provisions for cercertifying compliance with intetifying compliance with integrated energy efficiency ratio
grated energy efficiency ratio
standards to 10 CFR
standards.
429.43(b)(2)(v)(B) and (vi)(B).
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
PO 00000
Frm 00010
Fmt 4701
Compliance required
Required to verify compliance with
recently adopted energy conservation standards.
Required to ensure certification information is current on an annual basis, consistent with the
requirements for other covered
products and equipment.
May 7, 2025.
Corrects typographical error, improves clarity.
N/A.
Required to determine compliance
with the energy conservation
standards.
On or before the compliance date
of any amended SPVU energy
conservation standards.
Sfmt 4700
E:\FR\FM\09OCR2.SGM
December 1, 2026, (first occurrence of December 1st after required reporting on May 7,
2025.
09OCR2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
82003
TABLE II.1—SUMMARY OF CHANGES TO CERTIFICATION REPORTING REQUIREMENTS RELATIVE TO CURRENT
CERTIFICATION REPORTING REQUIREMENTS—Continued
Current DOE certification reporting
requirements
Amended certification reporting
requirements
Attribution
Compliance required
For SPVUs with cooling capacities
less than 65,000 Btu/h, reporting
requirements do not include
whether the unit is weatherized
or non-weatherized, and if nonweatherized, the airflow rate of
outdoor ventilation air which is
drawn in and conditioned.
Add reporting requirements to 10
CFR 429.43(b)(2)(v)(B) and
(vi)(B) for whether the unit is
weatherized or non-weatherized, and if non-weatherized,
the airflow rate of outdoor ventilation air which is drawn in and
conditioned as determined in
accordance with 10 CFR
429.134(x)(3), while the equipment is operating with the same
drive kit and motor settings
used to determine the certified
efficiency rating of the equipment.
Add supplemental testing instruction file content requirements
for when certifying compliance
with an integrated energy efficiency ratio standard to 10 CFR
429.43(b)(4)(vi)(B) and (vii)(B).
Amend reporting requirements in
10 CFR 429.33(b)(2)(ii)(A) and
(b)(3)(ii)(B) to include CFLKs
distributed with consumer-replaceable SSL.
Specify certifying compliance to
the GSL backstop requirement.
Required to determine whether
non-weatherized SPVUs with
cooling capacities less than
65,000 Btu/h have met the definitional requirements for airflow
rate of outdoor ventilation air
which is drawn in and conditioned.
On or before the compliance date
of any amended SPVU energy
conservation standards.
Required to ensure test conditions
specified in the test procedure
are met.
On or before the compliance date
of any amended SPVU energy
conservation standards.
Required to determine compliance
with the energy conservation
standards.
N/A.
Required to show compliance with
the energy conservation standards.
May 7, 2025.
For SPVUs, existing supplemental
testing instruction requirements
do not reflect updated integrated
energy efficiency ratio test procedure.
For CFLKs, reporting requirements
inadvertently omit CFLKs distributed with consumer-replaceable
SSL.
khammond on DSKJM1Z7X2PROD with RULES2
For GSLs, certifying compliance to
the 45 lm/W backstop requirement is not required per DOE
guidance.
The finalized regulatory amendments
summarized in this section, and that are
described in greater detail in section III,
pertain to certification reporting and
labeling requirements only. DOE is not
amending the test procedures or energy
conservation standards for CAC/HPs,
DWs, RCWs, pool heaters,
dehumidifiers, EPSs, battery chargers,
CRACs, DX–DOASes, three-phase, less
than 65,000 Btu/h ACUACs and
ACUHPs, three-phase, less than 65,000
Btu/h VRF, CWHs, ACIMs, walk-ins,
commercial and industrial pumps,
portable ACs, compressors, DPPPMs, air
cleaners, SPVUs, CFLKs, and GSLs.
The effective date for the amended
certification requirements adopted in
this final rule is 75 days after
publication of this document in the
Federal Register. Certification reports
for CAC/HPs, DWs, RCWs, pool heaters,
dehumidifiers, EPSs, battery chargers,
CRACs, DX–DOASes, three-phase, less
than 65,000 Btu/h ACUACs and
ACUHPs, three-phase, less than 65,000
Btu/h VRF, CWHs, ACIMs, walk-ins,
commercial and industrial pumps,
portable ACs, compressors, DPPPMs, air
cleaners, SPVUs, CFLKs, and GSLs
submitted beginning 210 days after
publication of this final rule, in
accordance with an annual certification
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
report filing date on or after 210 days
after publication of this final rule, or on
or after the compliance date of any
amended energy conservation
standards, as outlined in each of the
product-specific sections of section III of
this notice, must comply with the
applicable certification requirements as
amended by this final rule. For
certification reports submitted after the
effective date of this final rule, but prior
to the compliance date, a manufacturer
may optionally submit a certification
report as required by the amendments in
this final rule (i.e., early compliance is
permitted). The requirements pertaining
to the compliance date and the
provision for early compliance apply to
all certification reports submitted as
required by 10 CFR 429.12 (i.e., annual
certifications and certification of new
and discontinued basic models).
III. Discussion
Certification of compliance to DOE is
a mechanism that helps manufacturers
understand their regulatory obligations
for distributing basic models of covered
products and equipment that are subject
to energy conservation standards.
Certification also helps consumers
obtain information about products’
energy performance. Certification
PO 00000
Frm 00011
Fmt 4701
Sfmt 4700
reports include characteristics of
covered products or equipment used to
determine which standard applies to a
given basic model, and they also help
DOE identify models and/or regulated
entities that may not comply with the
applicable regulations.
As discussed in section I.B of this
document, DOE proposed amendments
to the certification and reporting
requirements for certain products and
equipment in the September 2023 CCE
NOPR. 88 FR 67458. DOE received a
number of comments in response to the
September 2023 CCE NOPR, including
general comments and comments on
product/equipment categories that were
not included in the September 2023
CCE NOPR. These comments are
summarized and discussed in the
following sections.
For the covered products and
equipment addressed in this final rule,
DOE has identified areas in which the
certification reporting requirements in
10 CFR part 429 are not consistent with
the information required to verify
compliance with current energy
conservation standards. DOE is
amending the certification and reporting
provisions for these products and
equipment to ensure reporting that is
consistent with currently applicable
E:\FR\FM\09OCR2.SGM
09OCR2
82004
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
energy conservation standards and to
ensure that DOE has the information
necessary to determine the appropriate
classification of products for the
application and enforcement of
standards. In addition to the specific
amendments discussed in the following
sections, DOE is also adopting minor
amendments to ensure consistency
among terms used throughout DOE’s
certification and reporting provisions.
Additionally, DOE is adopting labeling
requirements for walk-ins.
khammond on DSKJM1Z7X2PROD with RULES2
A. General Comments
ASAP et al. commented in support of
the September 2023 CCE NOPR. ASAP
et al. stated that the proposed reporting
requirements would ensure that DOE
has relevant information to determine
whether certified models comply with
the corresponding energy conservation
standard. ASAP et al. commented that
clarity in reporting requirements for
certification would help to ensure that
data reported to the Compliance and
Certification Management System
(‘‘CCMS’’) is complete and submitted in
a uniform manner. (ASAP et al., No. 14
at pp. 1–2)
AHAM commented it supports many
of the changes DOE is suggesting for its
certification, labeling, and enforcement
provisions that are aimed at ensuring
consistency between testing to support
certification and testing DOE does to
support its enforcement efforts as well
as the proposals to ensure consistency
in reported data between similar
products. (AHAM, No. 16 at p. 1)
AHRI commented that it was largely
supportive of the changes proposed in
the September 2023 CCE NOPR, but also
had several recommendations for
improvement and clarification regarding
proposed certification requirements.
(AHRI, No. 18 at p. 2)
Rheem commented that as an active
member of AHRI, it shares several of the
concerns noted in AHRI’s comments.
(Rheem, No. 15 at p. 1)
Carrier generally supported the
September 2023 CCE NOPR regarding
certification and labeling requirements
and enforcement provisions for certain
consumer products and commercial
equipment, with certain modifications.
Carrier also stated that having these
requirements provides predictability for
manufacturers and valuable information
for consumers. (Carrier, No. 12 at p. 1)
AHRI commented requesting DOE to
update AHRI’s address at 10 CFR
429.4(c) to 2311 Wilson Blvd., Suite
400, Arlington, VA 22201 and added
that the phone number and web address
remain the same as currently listed in
the CFR. (AHRI, No. 18 at p. 13)
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
DOE is aware of the error and will
update AHRI’s contact information in a
separate rulemaking that amends the
materials incorporated by reference at
10 CFR 429.4(c).
1. Rulemaking Process
AHRI commented that review of the
September 2023 CCE NOPR raised some
questions regarding the process DOE
relied upon for establishing certification
requirements. Specifically, AHRI
provided some suggestions to bring
reliability and timeliness to the
certification, compliance, and
enforcement process and urged that
DOE consider issuing a proposal to seek
stakeholder feedback on the
establishment of a CCE process rule.
(AHRI, No. 18 at p. 2) AHRI commented
that a general review of the certification
and enforcement process would help
establish certainty and predictability for
all stakeholders. AHRI requested that
DOE initiate a rulemaking to develop
procedures, interpretations, and policies
for consideration of new or revised
certification and enforcement
rulemakings for consumer products and
certain commercial/industrial
equipment. AHRI commented that a
‘‘process rule’’ for certification and
compliance is as important and
necessary to manufacturers and
certification bodies as the development
of test procedures and energy
conservation standards. (AHRI, No. 18
at p. 4)
AHRI commented that stakeholders
need certification and enforcement
changes proposed more closely to the
publication of the final rule and with
appropriate time to implement template
changes for compliance. AHRI
commented that the September 2023
CCE NOPR included several products
where the trigger for the compliance and
enforcement changes was over 19
months ago. (AHRI, No. 18 at p. 4)
AHRI noted that manufacturers are
required to comply with an amended
test procedure within 180 days of DOE
publishing a final rule in the Federal
Register. AHRI commented that for such
rulemakings, DOE should publish a
proposed certification and enforcement
rulemaking within 30 days of the test
procedure final rule with a final
certification and enforcement
rulemaking published within 90 days of
the test procedure final rule. This
timeline, AHRI noted, would allow 30
days for stakeholder feedback to the
proposed certification and enforcement
rule; 30 days for DOE to incorporate
changes and pre-publish a final rule;
and 90 days for stakeholders to
implement and comply with the
changes. (AHRI, No. 18 at p. 5)
PO 00000
Frm 00012
Fmt 4701
Sfmt 4700
Carrier commented that many of the
reporting changes in the September
2023 CCE NOPR are the result of test
procedure or energy conservation
standards rulemakings completed in
2022 with compliance dates that are
approaching. Carrier requested that in
future rulemakings, DOE publish the
associated certification rulemaking
NOPR as close as possible to the test
procedure and energy conservation
standards final rules, ideally within 30
days of final rule issuance to allow time
for third-party certification bodies (such
as AHRI) and manufacturers to make
necessary changes to their systems
before compliance is required. Carrier
said this would cut down on undue
expenses, potential error, and
unnecessary rework. (Carrier, No. 12 at
p. 2)
DOE recognizes the concerns
regarding the timing of certification
amendments with respect to test
procedure and energy conservation
standard amendments. DOE notes that
conducting individual certification
rulemakings for each product would
result in many more rulemaking notices,
which would create substantially more
administrative burden for commenters
with interests in multiple covered
products and equipment. In this case,
DOE would have needed to publish over
40 separate rulemaking documents if it
were to conduct a separate certification
rulemaking for each of the product and
equipment categories considered in this
document. Nonetheless, DOE will
continue to evaluate its process for
conducting certification rulemakings,
while meeting its statutory and
regulatory requirements.
AHRI commented that consideration
must be given to how and when
templates are updated because the
timing of template changes impacts not
only manufacturers, but also AHRI’s
certification program. (AHRI, No. 18 at
p. 3) AHRI stated that while DOE
typically provides 3-to-5 years of lead
time before compliance is required,
sometimes compliance can be required
in as little as 18 months. The
commenter stressed that adequate lead
time is necessary for the transition to
new test procedures and new standards.
AHRI commented that it is also
necessary to have certification and
enforcement rules and templates issued
and finalized expeditiously and on a
reasonable and predictable schedule, in
order for manufacturers to be able to
collect necessary data. Consequently,
AHRI recommended that DOE issue full
draft templates, rather than just column
headers and product group codes.
Additionally, AHRI stated that clear
identification of new or modified
E:\FR\FM\09OCR2.SGM
09OCR2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
information would also be helpful to
assist stakeholders when reviewing
templates or even column headers,
noting that stakeholders should not be
required to presume what the
compliance requirements are. (AHRI,
No. 18 at p. 4)
In response, DOE issues template
column headers and product group
codes to assist submitters in preparing
for the upcoming template revisions.
Because certification reporting
requirements may change between the
NOPR and final rule, DOE issues
templates only at the completion of the
final rule to avoid confusion and
mitigate burden. Issuing full draft
templates that cannot be submitted for
compliance purposes may cause
confusion amongst certifiers. Further,
certifiers would need to review the final
version of the template, as there may be
modifications not incorporated in the
draft template, which increases the
potential for invalid certification reports
and require certifiers to re-submit using
the correct templates, thereby increasing
burden on certifiers.
2. Compliance Timeline
Rheem commented requesting DOE to
clarify the required filing date for each
of the products/equipment covered by
this rulemaking, such as by including a
table in the final rule that clearly states
the required filing date for each product
class. (Rheem, No. 15 at pp. 1–2)
AHRI commented that in future rules,
special consideration should be given to
situations where publication of the
proposed and final certification and
enforcement rulemaking is close to the
first time or annual certification
requirement for the products or
equipment. AHRI stated concern that
template releases for equipment with
first time compliance deadlines or
annual reporting requirements in the
spring of 2024 may be in jeopardy
resulting from the timing of the
September 2023 CCE NOPR, and
ultimately the final rule publication.
(AHRI, No. 18 at p. 6)
AHRI recommended that DOE finalize
this rulemaking and publish templates
no later than January 2, 2024, which
would allow stakeholders to have final
templates 120 days prior to the spring
2024 first-time compliance and annual
reporting deadlines. (AHRI, Public
Meeting Transcript, No. 6 at pp. 5–6;
AHRI, No. 18 at p. 6)
AHRI commented that annual
reporting should not be required within
120 days of publication of a new
certification and enforcement
rulemaking where templates are revised
or impacted. If the certification and
enforcement rulemaking cannot be
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
finalized more than 120 days in advance
of the annual reporting deadline, AHRI
commented that the deadline for that
year should shift to 120 days after
publication of the final certification and
enforcement rule in the Federal
Register. AHRI commented that
requiring annual reporting for any
templates revised in closer proximity to
the annual reporting deadline is
burdensome to the regulated
community. (AHRI, No. 18 at p 7)
In response, DOE has noted the
applicable compliance dates for each of
the product or equipment categories that
are the subject of this rulemaking in the
following sections and in Table II.1 to
section II, Synopsis of the Final Rule, of
this document. For products such as air
cleaners, CRACs, DX–DOAS, threephase less than 65,000 Btu/h ACUACs
and ACUHPs and three-phase less than
65,000 Btu/h VRF, electric
instantaneous water CWHs, and
portable ACs where compliance with
new or amended standards is required
prior to the required use date of the
reporting requirement established in
this rule and a template is not currently
available to certify compliance, then
compliance with the amended
certification requirements would not be
required until 210 days after publication
of this rule. DOE notes that compliance
with the amended standards themselves
would still be required on and after
their applicable compliance date(s). For
products and equipment with existing
standards and existing reporting
requirements, if the annual reporting
deadline is prior to the compliance date
of this rule (i.e., sooner than 210 days
after publication), the annual reporting
requirement can be met using the
current template. Using the revised
templates would not be required until
the next annual reporting deadline after
the compliance date of this rule. For
products and equipment where
compliance with new or amended
standards is required more than 210
days after publication of this rule, then
certification is required by the
compliance date of such standard.
Through such approach, DOE seeks to
minimize associated regulatory burden
on manufacturers.
DOE notes that the Department strives
to finalize certification templates as
expeditiously as possible, in order to
provide certifiers sufficient time to
prepare for the compliance dates of any
upcoming amended energy conservation
standards. In this case, although the
final templates have not yet been posted
for use, DOE has provided certification
template draft column headers and
product group codes in the docket for
this rulemaking to assist certifiers in
PO 00000
Frm 00013
Fmt 4701
Sfmt 4700
82005
preparation for the upcoming
compliance dates prior to the
publication of this final rule.
3. Collection of Information
AHAM commented that DOE stated in
several places of the September 2023
CCE NOPR an intention to collect data
which AHAM deems unnecessary to
demonstrate compliance with energy
conservation standards. AHAM stated
DOE should ensure that its information
collections are restricted to data
necessary for this purpose, and if DOE
wishes to collect data for future energy
conservation standards rulemaking
efforts or for its own information, DOE
should collect that data through its
energy conservation standard
rulemaking process and not through the
certification, compliance, and
enforcement process. (AHAM, No. 16 at
p. 1;AHAM, No. 19 at p. 2)) AHAM
commented that many of the proposals
in the September 2023 CCE NOPR go
beyond the types of information
currently collected under 10 CFR 429.14
to 10 CFR 429.63, which are more
directly related to demonstrating
compliance with standards. (AHAM,
No. 16 at p. 2)
AHRI commented that DOE must
limit the energy efficiency or energy use
information required in certification
reports to that which is truly necessary
to determine compliance with the test
procedure, labeling, and energy
efficiency standards. AHRI commented
that anything beyond that would fall
outside of the information DOE is
authorized to collect, and results in an
undue burden on manufacturers
because it creates a real cost to vet and
verify information unrelated to the
covered product’s compliance with
energy conservation standards, which
on its face fails the requirement of 42
U.S.C. 6296(d) that DOE collect only
necessary data in a manner designed to
minimize unnecessary burdens on
manufacturers. (AHRI, No. 18 at p. 3)
In response, section 326(d) of EPCA
states that the Secretary may require
manufacturers to submit information or
reports to DOE with respect to energy
efficiency or energy use as the Secretary
determines may be necessary to
establish and revise test procedures,
labeling rules, and energy conservation
standards for such products and to
ensure compliance with requirements of
this part. (42 U.S.C. 6296(d)(1)) This
express statutory language provides
DOE with the authority to require
manufacturers to submit information
pertaining to the energy efficiency or
energy use where it is necessary when
establishing or revising its standards or
test procedures, as well as to ensure
E:\FR\FM\09OCR2.SGM
09OCR2
82006
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
compliance. As such, DOE disagrees
with AHRI’s assessment that DOE must
limit its collection requirements to
information needed to determine
compliance.
DOE acknowledges that EPCA states
that the Secretary shall exercise
authority under this section in a manner
designed to minimize unnecessary
burdens on manufacturers. (42 U.S.C.
6296(d)(2)) However, where DOE
proposed reporting requirements that
were not directly related to compliance
with energy conservation standards, the
Department clarifies that the proposed
requirements were included to ensure
appropriate application of the test
procedure for enforcement testing
conducted by DOE. Additionally, the
measurement of these values and
recording of product or equipment
characteristics is required when testing
is conducted according to the DOE test
procedures. Therefore, manufacturers
should already have this information
readily available, and, thus, the burden
on manufacturers would be minimal.
In the September 2023 CCE NOPR, as
well as in the product-specific sections
that follow in this document, DOE has
provided its reasons in the September
2023 CCE NOPR for its proposed
collection of data and information. DOE
discusses the specific comments and
provisions that have been flagged and
asserted by certain commenters to be
unnecessary in the relevant sections that
follow. DOE also explains why the
Department has found the data
collection to be necessary, to be
required to ensure products and
equipment are compliant, and/or to
support DOE’s enforcement efforts.
4. Certification Reporting Cost and
Burden
Carrier commented that the estimates
of the cost and burden of changes to
annual reporting requirements were not
adequately considered in the September
2023 CCE NOPR. Carrier commented
that certification requirements are often
established close to the test procedure
or energy conservation standards
compliance date, which increases the
cost and burden to manufacturers and
third-party certification bodies who
must implement changes in a short
amount of time. (Carrier, No. 12 at pp.
1–2)
BWC commented that adding
reporting requirements increases
regulatory burden, which includes
examination of the proposal; analysis of
its findings; assessment of manufacturer
capabilities to achieve established
objectives in the proposal; internal
deliberations about how/if this can
realistically be accomplished; and
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
finally, crafting and delivering
meaningful feedback to DOE. BWC
commented that all these tasks must
occur prior to the physical work that
takes place to adjust processes, such as
may be required to comply with the
September 2023 CCE NOPR. BWC stated
that there are several major proposed
and final rulemakings from 2023 alone
that impact the products that BWC
manufactures, including the September
2023 CCE NOPR; July 2023 Consumer
Water Heater ECS NOPR (88 FR 49058);
June 2023 Consumer Water Heater TP
Final Rule (88 FR 40406); March 2023
Consumer Boiler TP Final Rule (88 FR
15510); and the August 2023 Consumer
Boiler ECS NOPR (88 FR 55128). BWC
commented that this list did not include
actions undertaken by States and local
jurisdictions as well as ENERGY STAR.
BWC commented urging DOE to take
into account the sheer volume of
regulatory activity that faces
manufacturers. BWC commented that
the accumulation of regulatory burden
increases costs in human and
technological resources. BWC stated
that as proposed rules are published and
promulgated as final rules, BWC
resources must be allocated and
deployed to achieve compliance within
the timelines prescribed in those final
rules. (BWC, No. 13 at pp. 2–3)
The certification reporting
requirements adopted in this final rule
ensure consistency with DOE energy
conservations standards and test
procedure rulemakings for the subject
products or equipment. These reporting
requirements generally pertain to
requirements that are readily available
in test reports that manufacturers are
required to use when testing to the DOE
test procedure. Further, Carrier and
BWC did not provide any data
indicating increased costs to
manufacturers related to reporting. DOE
recognizes that certification reporting
requirements may result in costs and
manufacturer burden in addition to
those required to comply with new or
amended energy conservation standards
or to conduct testing. To the extent that
the adopted certification reporting
requirements would impose additional
cost and burden to manufacturers and
importers, DOE has discussed these
costs in the product specific sections.
DOE also recognizes the effort needed
for stakeholders to review and provide
feedback to the many proposals in the
September 2023 CCE NOPR. However,
as discussed in section III.A.1 of this
document, DOE notes that conducting
individual certification rulemakings for
each product would result in many
more rulemaking notices, which would
PO 00000
Frm 00014
Fmt 4701
Sfmt 4700
create substantially more administrative
burden for commenters with interests in
multiple covered products and
equipment. In this case, DOE would
have needed to publish over 40 separate
notices if it were to conduct a separate
certification rulemaking for each of the
product and equipment categories
considered in this document.
AHRI commented that DOE’s
regulations require certification reports
to be filed for every basic model prior
to distribution in commerce, after initial
certification, and after discontinuation,
which is a process that creates onerous
obstacles for third-party certification
bodies that represent 90 percent of the
regulated market. AHRI commented it
has long advocated for the elimination
of the annual certification requirements
for covered products via notice and
comment rulemaking. AHRI commented
that this process is unnecessary and
imparts burden without benefit. (AHRI,
No. 18 at p. 6)
In response, DOE has determined that
its annual certification requirements
provide DOE and consumers with
comprehensive, up-to-date efficiency
information and also support effective
enforcement. If DOE were to eliminate
its annual certification requirements,
DOE would have no way of ensuring
that all of the information available to
consumers in DOE’s Compliance
Certification Database (‘‘CCD’’) 6 is upto-date and certified in accordance with
the most recent DOE test procedure.
Occasionally, changes to DOE test
procedures do not require revised
certification reporting templates, and
the existence of annual certification
requirements ensures that the
information available to consumers is
consistently updated without requiring
revised certification templates.
Additionally, the elimination of annual
certification requirements would
increase the likelihood that
discontinued models would not be
removed from the CCD. Accordingly,
DOE is not amending the long-standing
annual certification requirement as part
of this final rule.
AHRI noted that triennial compliance
with the Paperwork Reduction Act
(‘‘PRA’’) to templates using OMB
Control Number 1910–1400 expires on
September 30, 2024. AHRI commented
that submission of new forms for OMB
approval have only changed the version
number, OMB control number, and
OMB form expiration date, but this
change made to every template
6 Certified equipment in the CCD is listed by
product class and can be accessed at
www.regulations.doe.gov/certification-data/
#q=Product_Group_s%3A*.
E:\FR\FM\09OCR2.SGM
09OCR2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
simultaneously causes substantial
burden for certification bodies. (AHRI,
No. 18 at p. 6) AHRI commented
suggesting that templates updated in
this rulemaking be submitted to OMB to
reduce future template changes that
would just update the version number.
AHRI commented DOE is obligated to
consider this and any other
recommendations that reduce the
burden of compliance. (AHRI, No. 18 at
pp. 6–7)
DOE notes that it revises the template
version numbers as part of the triennial
compliance with PRA to ensure that
submitters are using the most up-to-date
templates based on the current OMB
control numbers. DOE will evaluate to
what extent updates to forms can be
limited to reduce burden on
certification bodies.
MJ L commented that requiring more
reporting and labeling of consumer
products and commercial equipment is
onerous and costly for the makers. MJ L
commented that products would need to
be redesigned to comply to the more
stringent new standards, which would
make such products more costly and
less useful. (MJ L, No. 11 at p. 1)
DOE notes that this rulemaking is not
adopting any amended standards; it is
only adopting certification reporting
requirements for products and
equipment consistent with recently
amended or newly established test
procedures or energy conservation
standards.
5. Calculations for Enforcement Testing
Rheem commented requesting DOE to
clarify whether the energy efficiency
standard (‘‘EES’’) is rounded when the
applicable certification requirements
require rounding while performing
enforcement calculations in 10 CFR 429,
subpart C, appendix A. Rheem provided
an example, stating that: an EES of 0.934
may be required as a result of an EES
equation, but certification to the nearest
0.01 percent is required; therefore, a
model designed to an EES of exactly
0.934 will need to certify to 0.93, which
is below the level produced by the EES
equation. As the compliant model must
certify below the EES, it follows that the
EES is actually rounded. (Rheem, No. 15
at p. 8)
DOE determines the applicable energy
efficiency standard or energy
conservation standard used in
enforcement calculations based on the
product or equipment requirements.
When applicable, DOE follows the same
rounding requirements for the relevant
metric as specified in the applicable test
procedure requirements at 10 CFR
430.23 or the relevant product or
equipment specific test procedure
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
appendix, the rounding requirements at
10 CFR 430.32, or the rounding
requirements in the product or
equipment specific certification
reporting requirements. In the case of
Rheem’s example, DOE notes that an
EES of 0.934 would also be rounded to
0.93, and therefore, the rounding would
not affect any compliance
determination. DOE may additionally
consider further clarifications to the
enforcement calculations in 10 CFR 429,
subpart C, appendix A to address this in
a future rulemaking.
6. Comments on Products/Equipment
Not Included in the September 2023
CCE NOPR
Although not within the scope of the
September 2023 CCE NOPR, AHAM
submitted comments regarding
reporting requirements for conventional
cooking tops. Specifically, AHAM
requested that DOE indicate in 10 CFR
430.134 that it will use the same
measurement equipment for testing gas
cooking tops as were used for
certification. (AHAM, No. 16 at p. 10)
AHAM noted that the conventional
cooking tops test procedure at 10 CFR
430, subpart B, appendix I1 (‘‘appendix
I1’’) specifies that measurement of the
gas cooking top burner heat input rate
starts 5 minutes after ignition but does
not specify an endpoint for this
measurement. (AHAM, No. 16 at p. 9)
AHAM stated that the type of
measurement equipment—wet meter,
dry meter, or mass flow meter—will
affect the time at which the lab stops the
measurement for the burner heat input
rate which in turn can affect the final
measured value. (AHAM, No. 16 at pp.
9–10) AHAM commented that, without
clarity in the enforcement procedures,
to ensure compliance upon verification
by a third-party lab or assessment and
enforcement testing by DOE,
manufacturers may be compelled to
conduct repeated testing using multiple
types of measurement equipment,
adding unnecessary burden to an
already burdensome test. AHAM
recommended that DOE include in an
enforcement provision that it would use
the same measurement equipment for
enforcement testing as was used for
certification and acknowledged that
such an enforcement provision would
likely require including an additional
reporting requirement about the type of
measurement equipment used for
certification: wet meter, dry meter, and
mass flow meter, which AHAM would
support. (AHAM, No. 16 at pp. 10–11)
AHAM further commented that,
together with other stakeholders, it filed
PO 00000
Frm 00015
Fmt 4701
Sfmt 4700
82007
a petition 7 requesting that DOE permit
an alternative calculation for the simmer
portion of the conventional cooking top
test procedure. AHAM also noted that it
submitted joint comments on this
rulemaking docket urging DOE to use
the full test for enforcement purposes.
(AHAM, No. 16 at p. 11; see also Joint
Stakeholders, No. 17 at p. 2–3)
The Joint Stakeholders recommended
that DOE adopt the calculation method
AHAM proposed in its petition filed
earlier this year for the simmer portion
of the conventional cooking top test
procedure as an alternative to the full
simmer test. The Joint Stakeholders
urged DOE to adopt that alternative
calculation method together with an
enforcement provision in 10 CFR
429.134 indicating DOE would rely on
the full simmer test in appendix I1. The
Joint Stakeholders commented their
intent is that DOE would adopt a new
sub-section in 10 CFR 429.134 outlining
the same process it uses for enforcement
related to refrigerator/freezer models
with two compartments, each having its
own user-operable temperature control.
The Joint Stakeholders commented that
for cooking products, they recommend
DOE use the simmer portion of the test
in the current appendix I1 before
making a determination of
noncompliance with respect to a basic
conventional cooking top model. (Joint
Stakeholders, No. 17 at p. 2)
As AHAM noted, cooking products
did not fall within the scope of products
covered in the September 2023 CCE
NOPR. (AHAM, No. 16 at p. 8) As such,
DOE has neither proposed certification
or enforcement provisions for
conventional cooking products in the
September 2023 CCE NOPR, nor has it
considered adopting reporting
requirements for conventional cooking
products as part of this rulemaking.
DOE has also not finalized any
determination regarding AHAM’s
petition for use of the calculation
approach. DOE may consider proposals
to adopt certification and reporting
requirements for conventional cooking
products under a separate rulemaking.
Additionally, AHAM recommended
that DOE should establish requirements
for clothes dryers similar to the RCW
amendments proposed in the September
2023 CCE NOPR, along with test
procedure requirements related to the
test cloth, which AHAM stated it would
suggest to DOE in the near future.
(AHAM, No. 16 at p. 4)
Similarly, DOE did not propose
certification or enforcement provisions
7 The docket for this petition is available at
www.regulations.gov/docket/EERE-2023-BT-TP0006/document.
E:\FR\FM\09OCR2.SGM
09OCR2
82008
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
for clothes dryers in the September 2023
CCE NOPR. DOE has also not
considered any amendments to its
reporting requirements or test
procedures for residential clothes dryers
as part of this rulemaking. DOE may
consider proposals to amend the
certification and reporting requirements
for residential clothes dryers in a
separate rulemaking. DOE may also
consider proposals to amend the test
procedure requirements related to the
test cloth in a separate rulemaking.
For consumer water heaters, Rheem
requested that DOE amend the
provisions at 10 CFR 429.70(g)(3)(ii) to
require that electric instantaneous water
heaters make representations of an
untested basic model’s first hour rating
(‘‘FHR’’) or maximum GPM rating (‘‘Max
GPM’’) through testing of the untested
basic model that meets the sampling
provisions at 10 CFR 429.11. Rheem
noted that while the FHR of an electric
storage water heater may vary little in
response to the input rate, due to the
large effect of the already hot water
within the storage tank, the Max GPM
will vary greatly with input rate. Rheem
commented that a higher Max GPM is
more desirable to a consumer, creating
an incentive to use the alternative
certification provisions to make
unrepresentative Max GPM claims.
(Rheem, No. 15 at pp. 7–8)
Again, DOE did not propose
certification or enforcement provisions
for consumer water heaters in the
September 2023 CCE NOPR. DOE has
also not considered any amendments to
its reporting requirements for consumer
water heaters as part of this rulemaking.
DOE may consider proposals to amend
the certification and reporting
requirements for consumer water
heaters in a separate rulemaking.
B. Central Air Conditioners and Heat
Pumps
DOE is amending the certification
reporting requirements for CAC/HPs. A
central air conditioner or central air
conditioning heat pump means a
product, other than a packaged terminal
air conditioner or packaged terminal
heat pump, which is powered by single
phase electric current, air cooled, rated
below 65,000 Btu/h, not contained
within the same cabinet as a furnace,
the rated capacity of which is above
225,000 Btu/h, and is a heat pump or a
cooling unit only. A central air
conditioner or central air conditioning
heat pump may consist of: a singlepackage unit; an outdoor unit and one
or more indoor units; an indoor unit
only; or an outdoor unit with no match.
In the case of an indoor unit only or an
outdoor unit with no match, the unit
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
must be tested and rated as a system
(combination of both an indoor and an
outdoor unit). 10 CFR 430.2.
On October 25, 2022, DOE published
a final rule (‘‘October 2022 CAC/HP
Final Rule’’) in which DOE amended the
test procedure provisions for CAC/HPs.
87 FR 64550. Consistent with that final
rule, DOE is amending the reporting
requirements.
1. Reporting
Under the existing requirements in 10
CFR 429.16, manufacturers of CAC/HPs
must report a variety of values and
information, including seasonal energy
efficiency ratio 2 (‘‘SEER2’’) in Btu/Wh, average off mode power
consumption, cooling capacity in Btu/h,
and heating seasonal performance factor
2 (‘‘HSPF2’’) in Btu/W-h. 10 CFR
429.16(e)(2) For a complete list of
existing certification reporting
requirements, see 10 CFR 429.16(e).
These requirements provide for
certifying compliance with the current
standards applicable to CAC/HP
equipment manufactured on or after
January 1, 2023. 10 CFR 430.32(c). DOE
is updating these requirements to align
the reporting requirements with the
appendix M1 test procedure and adopt
general certification requirements for
CAC/HPs. 88 FR 67458, 67464. DOE
discusses these updates in the following
sections.
a. Variable Speed Coil-Only Rating
Based on Non-Communicating or
Communicating Control
In the October 2022 CAC/HP Final
Rule, DOE defined a ‘‘communicating
variable-speed coil-only central air
conditioner or heat pump’’ as a variablespeed compressor system having a coilonly indoor unit that is installed with a
control system that (a) communicates
the difference in space temperature and
space setpoint temperature (not a
setpoint value inferred from on/off
thermostat signals) to the control that
sets compressor speed; (b) provides a
signal to the indoor fan to set fan speed
appropriate for compressor staging and
air volume rate; and (c) has installation
instructions indicating that the required
control system meeting both (a) and (b)
must be installed. 87 FR 64550, 64560.
DOE defined a ‘‘variable-speed noncommunicating coil-only central air
conditioner or heat pump’’ as a variablespeed compressor system having a coilonly indoor unit that does not meet the
definition of variable-speed
communicating coil-only central air
conditioner or heat pump. Id.
In the October 2022 CAC/HP Final
Rule, DOE elaborated that variablespeed coil-only systems that meet the
PO 00000
Frm 00016
Fmt 4701
Sfmt 4700
‘‘communicating’’ definition should be
tested like any other variable-speed
system, except that the heating full-load
air volume rate should be equal to the
cooling full-load air volume rate and the
intermediate and minimum cooling and
heating air volume rates should all be
higher than (1) the rate specified by the
installation instructions included with
the unit by the manufacturer, and (2) 75
percent of the full-load cooling air
volume rate. Id.
Because this aspect of the basic
model’s operating characteristics
determines the way it must be tested,
manufacturers need to certify whether a
variable speed coil-only rating is based
on non-communicating or
communicating control. Therefore, in
the September 2023 CCE NOPR, DOE
proposed to include this requirement in
the certification template and requested
comment on its proposal. 88 FR 67458,
67465.
AHRI and Carrier commented
supporting DOE’s proposal to require
reporting of whether a variable speed
coil-only rating is based on noncommunicating or communicating
control. (AHRI, No. 18 at p. 7; Carrier,
No. 12 at p. 2)
ASAP et al. commented that in the
October 2022 CAC/HP Final Rule, DOE
defined variable-speed communicating
coil-only central air conditioner or heat
pump and variable-speed noncommunicating coil-only central air
conditioner or heat pump but the terms
used in the September 2023 CCE
NOPR—‘‘non-communicating control’’
and ‘‘communicating control’’—are not
precisely defined. ASAP et al.
recommended that DOE align the
certification language and the
certification template with existing
language and recommended to rephrase
‘‘whether the represented value meets
the definition of variable speed noncommunicating coil-only.’’ (ASAP et al.,
No. 14 at p. 4)
In response to the comment by ASAP
et al., DOE notes that ‘‘noncommunication control’’ and
‘‘communicating control’’ are defined
within the definitions of ‘‘variablespeed communicating coil-only central
air conditioner or heat pump’’ and
‘‘variable-speed non-communicating
coil-only central air conditioner or heat
pump,’’ respectively, as finalized in the
October 2022 CAC TP Final Rule, at
section 1.2 of appendix M1. However, to
better align with these definitions, DOE
is slightly modifying the proposed
reporting requirement to state, ‘‘whether
the represented value is based on a noncommunicating or communicating
control system.’’
E:\FR\FM\09OCR2.SGM
09OCR2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
For the reasons discussed in the
preceding paragraphs and the
September 2023 CCE NOPR, DOE is
adopting reporting requirements for
reporting of whether a variable speed
coil-only rating is based on a noncommunicating or communicating
control system with the additional
clarification of adding the word
‘‘system.’’
khammond on DSKJM1Z7X2PROD with RULES2
b. Air Volume Rate Changing With
Outdoor Conditions
In the October 2022 CAC/HP Final
Rule, DOE explained that requirements
for setting air volume rate in section
3.1.4 of appendix M1 may conflict with
instructions to use air volume rates that
represent a ‘‘normal installation’’ in
section 3.2, particularly for modern
blower-coil systems with multiplespeed or variable-speed indoor fans and
control systems, which may change air
volume rate in response to operating
conditions such as outdoor air
temperature. 87 FR 64550, 64569. To
address this issue, in the October 2022
CAC/HP Final Rule, DOE explicitly
stated in step 7 of sections 3.1.4.1.1.a,
3.1.4.2.a, and 3.1.4.3.a of appendix M1
that, for blower-coil systems in which
the indoor blower capacity modulation
correlates with outdoor dry bulb
temperature or sensible-to-total cooling
capacity ratio, use an air volume rate
that represents a normal operation. Id.
Also, DOE indicated that to ensure
consistency of testing, it may be
necessary for manufacturers to certify
whether the system varies blower
speeds with outdoor air conditions. Id.
For these reasons, in the September
2023 CCE NOPR, DOE proposed that
manufacturers include in their
certification whether the system varies
blower speeds with outdoor air
conditions and requested comment on
its proposal. 88 FR 67458, 67465.
Carrier stated its support for DOE’s
proposal to require reporting of whether
a CAC/HP system varies blower speeds
with outdoor air conditions. However,
Carrier commented that responses
should be required for blower coil
systems only, and the default response
should be ‘‘No.’’ (Carrier, No. 12 at p. 2)
AHRI commented in support of DOE’s
proposal to require reporting of whether
a CAC/HP system varies blower speeds
with outdoor air conditions. AHRI
commented the proposed new column,
‘‘Does the System Vary Blower Speeds
with Outdoor Air Conditions?’’ is
appropriate. AHRI additionally
recommended that a response must be
required for blower coil systems only,
and only if applicable, with a blank
field permissible for all other systems
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
and a default of ‘‘No.’’ (AHRI, No. 18 at
p. 7)
DOE would like to clarify that DOE
intended in its proposal that
manufacturers would fill in the
proposed new column to report whether
their CAC/HP system varies blower
speeds with outdoor air conditions only
if they report that their unit is a blower
coil system, as indicated in the draft
certification template columns
published along with the September
2023 CCE NOPR in the docket for this
rulemaking. This approach is consistent
with the recommendations from
commenters.
For the reason discussed in the
preceding paragraph and the September
2023 CCE NOPR, DOE is adopting
reporting requirements for reporting of
whether a CAC/HP blower coil system
varies blower speeds with outdoor air
conditions.
c. Sampling Corrections
Currently, DOE’s sampling provisions
for CAC/HPs state that any represented
value of power consumption or other
measure of consumption of a basic
model for which consumers would favor
lower values shall be greater than or
equal to the higher of the mean of the
sample, or the upper 90 percent
confidence limit of the true mean
(‘‘UCL’’) divided by 1.05. 10 CFR
429.16(b)(3)(i). Additionally, the
sampling provisions state that any
represented value of the energy
efficiency, cooling capacity, heating
capacity or other measure of energy
consumption for which consumers
would favor higher values shall be less
than or equal to the lower of the mean
of the sample, or the lower 90 percent
confidence limit of the true mean
(‘‘LCL’’) divided by 0.95. 10 CFR
429.16(b)(3)(ii)–(iii). The sampling
provisions also state that the UCL and
LCL should be calculated using the
Student’s t-Distribution Values for a 90
percent one-tailed confidence interval
with n¥1 degrees of freedom from
appendix D to subpart B of part 429
(‘‘appendix D’’), where ‘‘n’’ is the
number of samples. 10 CFR
429.16(b)(3)(i)–(iii). However, the
appendix containing Student’s tDistribution Values has moved to
appendix A to subpart B of part 429
(‘‘appendix A’’) and is no longer located
at appendix D.8 To correct this
discrepancy, in the September 2023 CCE
NOPR, DOE proposed to revise 10 CFR
429.16(b)(3)(i)–(iii) to specify that the
UCL and LCL should be calculated
8 Appendix D now contains the sampling plan for
enforcement testing of Uninterruptible Power
Supplies.
PO 00000
Frm 00017
Fmt 4701
Sfmt 4700
82009
using the Student’s t-Distribution
Values for a 90 percent one-tailed
confidence interval outlined in
appendix A. 88 FR 67458, 67465. DOE
requested comment on its proposal. Id.
Carrier commented in support of
DOE’s proposal to correct the sampling
provisions for CAC/HPs to reference
appendix A instead of appendix D.
(Carrier, No. 12 at p. 2)
AHRI also commented in support of
DOE’s proposal to correct the sampling
provisions for CAC/HPs to reference
appendix A instead of appendix D, but
only under the condition this is a
reference change. (AHRI, No. 18 at p. 7)
For the reasons discussed in the
preceding paragraphs and the
September 2023 CCE NOPR, DOE is
adopting the corrections to sampling
provisions as proposed in the
September 2023 CCE NOPR. This
change updates the reference as
described, but does not change the
calculations.
2. Reporting Costs and Impacts
As discussed, in the September 2023
CCE NOPR, DOE proposed aligning
CAC/HP certification reporting
requirements with the current test
procedure for CAC/HP in appendix M1,
which was most recently amended by
the October 2022 CAC/HP Final Rule.
88 FR 67458, 67465. The proposed
certification requirements in the
September 2023 CCE NOPR specifically
addressed new provisions in this
amended version of the appendix M1
test procedure, use of which was
required beginning on April 24, 2023.
Id.
In the September 2023 CCE NOPR,
DOE tentatively determined that the
proposed amendments to the
certification requirements would not
impose additional costs for
manufacturers because manufacturers of
CAC/HPs are already submitting
certification reports to DOE and should
have readily available the information
that DOE proposed to collect as part of
that rulemaking. DOE stated that it did
not believe the revised reporting
requirements would cause any
appreciable change in reporting burden
or hours as compared to what CAC/HP
manufacturers are currently doing
today. Id.
AHRI commented that if DOE adopted
its recommendations regarding CAC/
HPs, AHRI would not expect significant
additional burden or cost for
manufacturers associated with the
amendments proposed for CAC/HPs.
AHRI noted that implementing
amendments to templates does come at
a cost and burden to third-party
certification bodies that AHRI willingly
E:\FR\FM\09OCR2.SGM
09OCR2
82010
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
bears for the benefit of manufacturers,
regulators, and users. AHRI commented
it would appreciate a more streamlined
and predictable process. (AHRI, No. 18
at p. 7)
AHRI did not provide any data
indicating increased costs to
manufacturers related to reporting. The
reporting requirements for CAC/HPs
would be accomplished using the
existing online data templates in DOE’s
CCMS, which DOE does not expect to be
any more burdensome than reporting
under the existing template. Based on
the preceding discussion and the
discussion in the September 2023 CCE
NOPR, DOE makes a final determination
that these amendments would not cause
any measurable change in reporting
burden or hours for CAC/HP
manufacturers as compared to what they
are currently doing today.
For the reasons discussed in the prior
paragraphs and in the September 2023
CCE NOPR, in this final rule DOE is
adopting the reporting requirements for
CAC/HPs as proposed, with the
additional clarification of adding the
word ‘‘system’’ to the requirement to
report whether a variable speed coilonly rating is based on a noncommunicating or communicating
control system. Compliance with these
amended reporting requirements is not
required until the next annual
certification report filing date on or after
210 days after publication of this final
rule.
khammond on DSKJM1Z7X2PROD with RULES2
C. Dishwashers
DOE is amending the certification
reporting requirements for DWs, which
are cabinet-like appliances which, with
the aid of water and detergent, wash,
rinse, and dry (when a drying process is
included) dishware, glassware, eating
utensils, and most cooking utensils by
chemical, mechanical and/or electrical
means and discharge to the plumbing
drainage system. 10 CFR 430.2. In the
DWs test procedure final rule published
on January 18, 2023 (‘‘January 2023 DW
Final Rule’’), DOE amended the existing
DWs test procedure at appendix C1 and
established a new test procedure at
appendix C2, which would be required
at the time compliance is required with
any amended energy and water
conservation standards. 88 FR 3234.
Consistent with that final rule, DOE is
amending the reporting requirements.
1. Reporting
Under the existing requirements in 10
CFR 429.19, manufacturers must report
the following public product-specific
information: the estimated annual
energy use in kilowatt hours (‘‘kWh’’)
per year (‘‘kWh/yr’’), the water
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
consumption in gallons per cycle, and
the capacity in number of place settings
as specified in ANSI/AHAM DW–1–
2010.9 10 CFR 429.19(b)(2).
Manufacturers must additionally report
the following product-specific
information: the presence of a soil
sensor (and if present, the number of
cycles required to reach calibration);
water inlet temperature used for testing
in degrees Fahrenheit (‘‘° F’’); cycle
selected for the energy test and whether
that cycle is soil-sensing; the options
selected for the energy test; the presence
of a built-in water softening system (and
if present, the energy use in kWh and
the water use in gallons required for
each regeneration of the water softening
system, the number of regeneration
cycles per year, and data and
calculations used to derive these
values); and an indication of whether
Cascade Complete Powder or Cascade
with the Grease Fighting Power of Dawn
was used as the detergent formulation.
10 CFR 429.19(b)(3). These
requirements are applicable for any DW
distributed in the United States on or
after May 30, 2013. Additionally, when
certifying dishwashers other than water
re-use dishwashers, the following
requirements are applicable: (A) Before
July 17, 2023, Cascade Complete
Powder detergent may be used as the
basis for certification in conjunction
with the detergent dosing methods
specified in either section 2.5.2.1.1 or
section 2.5.2.1.2 of appendix C1.
Cascade with the Grease Fighting Power
of Dawn detergent may be used as the
basis for certification only in
conjunction with the detergent dosing
specified in section 2.5.2.1.1 of
appendix C1. (B) Beginning July 17,
2023, Cascade Complete Powder
detergent may be used as the basis for
certification of newly certified basic
models only in conjunction with the
detergent dosing method specified in
section 2.5.2.1.2 of appendix C1.
Cascade with the Grease Fighting Power
of Dawn detergent may be used as the
basis for certification only in
conjunction with the detergent dosing
specified in section 2.5.2.1.1 of
appendix C1. Manufacturers may
maintain existing basic model
certifications made prior to July 17,
2023, consistent with the provisions of
paragraph 10 CFR 429.19(b)(3)(vi)(A)
and (B).
DOE is updating the dishwasher
certification reporting requirements and
aligning the reporting requirements with
the amended test procedure at appendix
9 American National Standards Institute/
Association of Home Appliance Manufacturers
DW–1–2010: Household Electric Dishwasher.
PO 00000
Frm 00018
Fmt 4701
Sfmt 4700
C1 and the new test procedure at
appendix C2. Use of appendix C2 is
required when determining compliance
with the amended energy and water
conservation standards adopted in a
direct final rule published in the
Federal Register on April 24, 2024. 89
FR 31398. Accordingly, the certification
reporting requirements that are specific
to appendix C2 are required to
demonstrate compliance with those
amended energy and water conservation
standards. DOE discusses the updates in
the following sections.
a. Update to the AHAM Industry
Standard
The current reporting requirements at
10 CFR 429.19(b)(2) reference the
industry standard, ANSI/AHAM DW–1–
2010 10 to the capacity of a dishwasher
in number of place settings. In the
September 2023 CCE NOPR, DOE
proposed to exclude this reference in
the dishwasher reporting requirements
at 10 CFR 429.19 because this industry
standard is now obsolete. 88 FR 67458,
67466. Additionally, the reference to the
definition of place settings only
includes the items in the test load that
comprise a single place setting; it does
not define the capacity of a dishwasher
itself, which is the metric that needs to
be reported for dishwashers at 10 CFR
429.19(b)(2). DOE also proposed to
remove ANSI/AHAM DW–1–2010 from
its list of materials incorporated by
reference at 10 CFR 429.4 because this
standard would no longer be referenced
anywhere in 10 CFR part 429 after the
proposed removal of this reference from
10 CFR 429.19. Id. DOE requested
comment on its proposal to remove this
reference in the dishwasher reporting
requirements. Id.
ASAP et al. commented that it was
appropriate for DOE to remove the
reference to the now obsolete ANSI/
AHAM DW–1–2010 standard from the
reporting requirements for dishwashers.
ASAP et al. noted that the capacity in
number of place settings remains a
reporting requirement, however, ‘‘place
settings’’ is not defined in either 10 CFR
429.19 or appendices C1 or C2 (or
references therein). ASAP et al.
recommended that DOE should ensure
that ‘‘place settings’’ is defined in the
CFR. ASAP et al. additionally noted that
‘‘kilowatt hours’’ was not consistently
hyphenated or not hyphenated in 10
CFR 429.19. (ASAP et al., No. 14 at p.
4)
DOE notes that section 2.3 of
appendix C1 and section 2.4 of
appendix C2 specify the test load items
10 Household Electric Dishwashers. ANSI/AHAM
DW–1–2010. ANSI approved Sept. 18, 2010.
E:\FR\FM\09OCR2.SGM
09OCR2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
through reference to section 2.7.1 of
AHAM DW–1–2020,11 which
additionally references section 3.4 of
AHAM DW–2–2020 12 that specifies the
items included in a place setting. As
such, given this reference to ‘‘place
settings’’ in appendix C1 and appendix
C2, DOE is not making any changes to
the reporting requirements at 10 CFR
429.19 to include a definition for place
settings.
Additionally, in response to the
comment from ASAP et al. noting that
‘‘kilowatt hours’’ was not consistently
hyphenated or not hyphenated, DOE is
updating the amended requirements in
10 CFR 429.19(b)(3)(v) to remove the
hyphen from ‘‘kilowatt-hours.’’
For the reasons discussed in the
preceding paragraphs and September
2023 CCE NOPR, DOE is adopting the
proposal to remove ANSI/AHAM DW–
1–2010 from the referenced industry
standard in 10 CFR 429.19(b)(2) and the
list of materials incorporated by
reference at 10 CFR 429.4. DOE is also
making minor corrections to remove the
hyphen from ‘‘kilowatt-hours.’’
khammond on DSKJM1Z7X2PROD with RULES2
b. Cycle Selected for Energy Test
In the January 2023 DW Final Rule,
DOE established a new appendix C2
that specifies, in part, a minimum
cleaning index threshold as a condition
for a valid test cycle. 88 FR 3234. If the
normal cycle at any soil level (i.e.,
heavy, medium, or light) does not meet
the specified cleaning index threshold,
the unit is tested at the most energyintensive cycle that can achieve a
cleaning index threshold of 70. 88 FR
3234, 3237. To ensure that the
certification template is consistent with
the tested cycle requirements specified
in appendix C2, DOE proposed in the
September 2023 CCE NOPR to include
the following additional confidential
reporting requirement at 10 CFR
429.19(b)(3)(iii): the cycle selected for
the energy test at the heavy, medium,
and light soil loads and whether these
cycles are soil-sensing. 88 FR 67458,
67466. Further, DOE proposed to
include the following additional
confidential reporting requirement at 10
CFR 429.19(b)(3)(iv): the options
selected for the energy test at the heavy,
medium, and light soil loads. Id. These
reporting requirements would be
required only at such time as use of
appendix C2 is required to demonstrate
compliance with any future amended
energy and water conservation
11 Uniform Test Method for Measuring the Energy
Consumption of Dishwashers. AHAM DW–1–2020.
12 Household Electric Dishwashers. AHAM DW–
2–2020.
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
standards. Id. DOE requested comment
on its proposal. Id.
The CA IOUs recommended that DOE
make cycle setting information for
dishwashers publicly available. (CA
IOUs, No. 8 at p. 2) The CA IOUs stated
that understanding the cycle setting
would aid the public in comparing
dishwashers based on the mode of
operation used for the energy-efficiency
results reported to DOE, allowing
consumers to attain similar savings. (Id.)
The CA IOUs stated that if DOE deems
the cycle setting information to be
confidential, DOE must at the very least
disclose whether the test was conducted
using the normal cycle or energyintensive cycle. The CA IOUs
commented that this information could
be an automatic output from the cycle
setting information that DOE proposes
to collect confidentially. (Id.)
The test procedure at appendix C2
specifies a minimum cleaning index
threshold of 70 as a condition of a valid
test cycle. If the normal cycle does not
meet this threshold value at any soil
load, then appendix C2 specifies that
that soil load must be tested on the most
energy-intensive cycle. 10 CFR part 430,
appendix C2, section 4.1(c). As such, for
any dishwasher that is manufactured
after April 23, 2027, the compliance
date of amended standards, the rated
values of energy and water consumption
would be reflective of the cycle type at
which the unit met the minimum
cleaning index threshold. For example,
if a unit does not achieve the cleaning
index threshold on the normal cycle and
was rated at the most energy-intensive
cycle, from the consumer’s perspective,
such a dishwasher would consume the
maximum amount of energy, reflective
of its rated value, or less energy if
consumers choose any other cycle.
Similarly, if a dishwasher achieves the
cleaning index threshold on the normal
cycle, from the consumer’s perspective
such a dishwasher would be expected to
deliver the desired cleaning
performance at the cycle recommended
for daily, typical, or regular use. For
these reasons, DOE is not requiring
public reporting of the cycle setting
information for dishwashers.
The CA IOUs commented requesting
DOE to require the certification reports
for dishwashers to include the total
water heating energy consumption
publicly so consumers can make
informed purchasing decisions based on
their water heater type. The CA IOUs
stated that different water heater
recovery efficiencies are used when
calculating a consumer dishwasher’s
estimated annual operating costs, but
they are not used to calculate annual
energy use, which instead relies on the
PO 00000
Frm 00019
Fmt 4701
Sfmt 4700
82011
assumption that the dishwasher is
operating with an electric resistance
water heater. The CA IOUs provided
data comparing energy and water use of
dishwashers with an electric resistance
water heater and heat pump water
heater and commented that the
dishwasher test procedure in appendix
C2 does not accurately estimate the
water energy, total energy, and product
rank order for consumers who own a
heat pump water heater. The CA IOUs
recommended that DOE require
manufacturers to publicly report the
total water heating energy consumption
value, which would allow consumers
and consumer product research
organizations to analyze a dishwasher’s
potential annual energy use when
paired with different water heating
systems and which can be accessed
from test reports without significantly
increasing testing or reporting burden.
The CA IOUs commented that this
information would assist consumers in
determining the most efficient
dishwasher for their water heating
system. (CA IOUs, No. 8 at pp. 2–4)
In response, DOE notes that the
estimated annual energy use is
calculated assuming that the dishwasher
is operating with an electric resistance
water heater because the current
standards for dishwashers were
developed using dishwasher energy
consumption only with electric
resistance water heaters. From the data
presented by the CA IOUs, DOE notes
that while the water heater efficiency
impacts water heating energy
consumption, and, therefore, overall
machine energy consumption, it is just
one of the aspects that contributes to
water heating energy consumption. The
water heating energy consumption for a
given installation depends on the
overall water consumption of the
dishwasher, whether the dishwasher is
connected to hot or cold water, the
water heater type, and the hot water
temperature setting. Of these, water
consumption of dishwashers is already
a reported value (in gallons per cycle).
Consumers making decisions based on
water heating energy consumption can
do so based on these factors by choosing
to calculate water heating energy
consumption based on the dishwasher
test procedure at appendix C1 and
appendix C2 via reference to AHAM
DW–1–2020.
Therefore, even if reporting water
heating energy consumption would not
increase testing or reporting burden,
DOE does not believe reporting this
metric is required because it is directly
related to the already reported value of
water consumption. Accordingly, DOE
is not including the requirement to
E:\FR\FM\09OCR2.SGM
09OCR2
82012
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
report water heating energy
consumption at this time.
For the reasons discussed in the
preceding paragraphs and the
September 2023 CCE NOPR, DOE is
adopting these amendments as proposed
in the September 2023 CCE NOPR.
c. Cleaning Index
As noted previously, the January 2023
DW Final Rule established a new
appendix C2 that specifies a minimum
cleaning index threshold as a condition
for a valid test cycle. 88 FR 3234.
Specifically, the January 2023 DW Final
Rule states that each tested cycle on
each individual unit is required to
achieve the applicable cleaning index
threshold to constitute a valid test cycle.
88 FR 3234, 3265–3266. To ensure that
the reported test cycle is a valid test
cycle that meets the specified applicable
cleaning index threshold, DOE proposed
to add a confidential reporting
requirement for the cleaning index of
the sensor heavy response, sensor
medium response, and sensor light
response test cycles in the September
2023 CCE NOPR. 88 FR 67458, 67467.
DOE additionally proposed that the
reported cleaning index for each basic
model must be the average cleaning
index of the individual test units at each
soil level. Id. This reporting requirement
would be required only at such time as
use of appendix C2 is required to
demonstrate compliance with any future
amended energy and water conservation
standards. Id. DOE requested comment
on its proposals. Id.
During the NOPR public meeting,
AHAM noted that the dishwasher test
procedure at appendix C2 requires a
cleaning index threshold of 70 at each
soil load for a valid test. AHAM stated
that it would like to understand DOE’s
reasoning to require reporting of an
average cleaning score rather than a yes/
no question of whether the unit met the
threshold. (AHAM, Public Meeting
Transcript, No. 6 at pp. 12–13) In
written comments, AHAM commented
that it opposes DOE’s proposed
requirement to report average cleaning
index scores, as this information has no
practical utility in the context of
currently applicable dishwasher
standards and test procedures and
exceeds typical test procedure reporting
requirements. (AHAM, No. 9 at p. 2;
AHAM, No. 16 at p. 2) AHAM
commented that the January 2023 DW
Final Rule stated that each tested cycle
on each individual unit is required to
achieve the applicable cleaning index
threshold to constitute a valid test cycle,
while in the September 2023 CCE
NOPR, DOE proposes a confidential
reporting requirement for the cleaning
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
index of the sensor heavy response,
sensor medium response, and sensor
light response test cycles. AHAM
commented that the test procedure at
appendix C2 would require a cleaning
index score of over 70 for a test cycle
to be valid, and questioned why DOE
would need to record specific test scores
from manufacturers since any score
greater than or equal to 70 is acceptable
to have a valid test and the actual score
is inconsequential. AHAM stated that
the test procedure does not require
reporting of the average cleaning score,
so DOE’s proposed requirement has no
relation to determining whether the
performance threshold has been met.
AHAM commented that DOE does not
collect data in many valid tests and
cited the example of refrigerator
manufacturers not needing to report
ambient temperatures and clothes dryer
manufacturers not reporting the final
remaining moisture content despite the
test requirement that a final remaining
moisture content of 2 percent or below
be achieved for a valid test. AHAM
commented that manufacturers need
only ensure that they meet the test
procedure’s 2 percent requirement.
AHAM commented that if DOE wants
individual scores for future
consideration of amended energy
conservation standards for dishwashers,
DOE is obligated to collect such data as
would be needed for those standards
within the scope of such a rulemaking,
or through a request to AHAM or its
members, but not in the scope of the
September 2023 CCE NOPR. AHAM
commented that the cleaning index
scores do not have practical utility in
the context of currently applicable
standards and test procedures because
they are unnecessary to demonstrate
compliance with standards; instead,
having a cleaning index score meeting
the minimum threshold is required for
a valid test. (AHAM, No. 16 at pp. 2–
3)
As stated, appendix C2 requires a
cleaning index greater than or equal to
70 to have a valid test cycle. If the
normal cycle at any soil level (i.e.,
heavy, medium, or light) does not meet
the specified cleaning index threshold,
the unit is tested at the most energyintensive cycle that can achieve a
cleaning index threshold of 70. DOE
notes that the test procedure at
appendix C2 does not require reporting
of the average cleaning index because:
(a) the test procedure does not specify
any reporting requirements, and (b) the
test procedure specifies testing
instructions for a single test unit.
Further, DOE has determined that
reporting of the tested cleaning index is
appropriate to ensure correct
PO 00000
Frm 00020
Fmt 4701
Sfmt 4700
application of the test procedure
requirements because it would ensure
that manufacturers are recording the
appropriate data when testing and
reporting consistent with the appendix
C2 requirements (i.e., a cleaning index
greater than or equal to 70). DOE has
determined that this reporting would
better ensure the appropriate
application of appendix C2 and the
sampling requirements as compared to a
yes/no field. Manufacturers would be
required to measure and report the
cleaning index as part of any appendix
C2 testing.
In regard to AHAM’s comment that
DOE must collect this information in a
test procedure or standards rulemaking
process, DOE explained in section
III.A.3 of this document that it has the
authority to require manufacturers to
submit information that would be
necessary to establish test procedures or
standards. As stated, reporting of the
cleaning index threshold would ensure
that the test procedure at appendix C2
is conducted correctly for the purposes
of certifying performance, particularly
as it pertains to ensuring that the tested
and reported cycle meets the cleaning
index threshold specified in appendix
C2. DOE does not expect this reporting
requirement to be unduly burdensome
because the cleaning index will be
calculated and recorded for each tested
cycle as part of conducting the test
under appendix C2.
For the reasons discussed in the
preceding paragraphs and the
September 2023 NOPR, DOE is adopting
the confidential reporting requirement
for the cleaning index of the sensor
heavy response, sensor medium
response, and sensor light response test
cycles when testing according to
appendix C2 as proposed in the
September 2023 CCE NOPR.
Additionally, as proposed in the
September 2023 NOPR, DOE is
specifying that the reported cleaning
index for each basic model much be the
average cleaning index of the individual
test units at each soil level.
d. Water Re-Use System Dishwashers
On November 1, 2013, DOE published
a Decision and Order granting
Whirlpool a test procedure waiver
(‘‘Whirlpool waiver’’) for testing
specified basic models equipped with a
‘‘water use system,’’ in which water
from the final rinse cycle is stored for
use in the subsequent cycle, with
periodic draining (‘‘drain out’’) and
cleaning (‘‘clean out’’) events. 78 FR
E:\FR\FM\09OCR2.SGM
09OCR2
khammond on DSKJM1Z7X2PROD with RULES2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
82013
65629, 65629–65630. (Case No. DW–
11).13
In the January 2023 DW Final Rule,
DOE amended appendix C1 to include
the requirements from the Whirlpool
waiver for testing water re-use system
DWs via reference to the industry
standard, AHAM DW–1–2020, with
some modifications to the equations in
sections 5.6.1.3, 5.6.1.4, 5.6.2.3, and
5.6.2.4 of AHAM DW–1–2020. DOE also
adopted these requirements in the new
appendix C2. 88 FR 3234, 3249.
Accordingly, in the September 2023
CCE NOPR, DOE proposed to amend the
reporting requirements at 10 CFR
429.19(b)(3) to include reporting of
energy and water use associated with
drain out and clean out events,
consistent with the information required
to be reported by Whirlpool as part of
the waiver. 88 FR 67458, 67467. These
reported values would be used in
equations to account for the extra water
and energy associated with water re-use
systems. Specifically, DOE proposed
that the additional machine electrical
energy consumption required for a drain
out event and clean out event—
expressed in kWh—and the additional
water consumption required for drain
out and clean out events during a drain
out cycle—expressed in gallons per
cycle (‘‘gal/cycle’’)—be reported
confidentially. Id. DOE requested
comment on these proposals. Id.
The CA IOUs commented that DOE
should make publicly available the
energy and water use from drain-out
and clean-out events. The CA IOUs
stated that understanding the energy
and water consumption from drain out
and clean out events would help
stakeholders identify efficiency
improvements and allow consumers to
understand types of dishwasher use that
would change their product’s expected
water and energy consumption. (CA
IOUs, No. 8 at p. 2)
In response, DOE notes that it is not
requiring that the energy and water use
from drain-out and clean-out events be
reported publicly because these metrics
would not add any value to a
consumer’s decision-making, as the
reported energy and a water use of water
re-use system dishwasher would already
include the energy and water use
associated with a drain out or clean out
event and, thus, not change a
dishwasher’s expected water and energy
consumption compared to the rated
values.
AHAM opposed DOE’s proposal to
amend the reporting requirements at 10
CFR 429.19(b)(3) to include reporting of
energy and water use associated with
drain out and clean out events. (AHAM,
No. 9 at p. 2; AHAM, No. 16 at p. 3)
AHAM commented that it opposed this
proposal because these values are not
necessary to demonstrate compliance
with standards. AHAM commented that
the energy and water use of a product
is captured in the final test result, and
this proposed additional requirement
places an unnecessary reporting burden
on manufacturers without a
corresponding benefit. AHAM
commented that the reporting of energy
and water use associated with drain out
and clean out events does not have
practical utility and the burden is not
justified by the usefulness of the data as
is required by PRA. (AHAM, No. 16 at
pp. 3–4)
DOE previously determined that the
energy and water use associated with
drain out or clean out events are needed
to provide a representative measure of
the energy and water use of dishwashers
with water re-use systems (see
Whirlpool waiver).14 DOE notes that the
impact of a water re-use system during
normal use is captured in the DOE test
procedure (both appendix C1 and
appendix C2), but drain out and clean
out events require separate
consideration as they are not necessarily
captured during the sequence of test
cycles conducted as part of the DOE test
procedure. DOE proposed this
requirement because these values are
necessary to determine the final
machine energy consumption and water
consumption if DOE were to conduct an
enforcement test. As such, DOE’s
proposal to confidentially report the
energy and water use associated with a
drain out or clean out event for water reuse dishwashers is similar to the
reporting requirements for any other
information that DOE would require to
conduct a test (e.g., the energy and
water use associated with each
regeneration of the water softening
system for dishwashers with built-in
water softening systems).
For the reasons discussed, DOE is
adopting the additional reporting
requirements for water re-use system
dishwashers as proposed in the
September 2023 CCE NOPR.
e. Dishwashers With Built-In Reservoirs
DOE published a Decision and Order
on December 9, 2020 granting CNA
International Inc. (‘‘CNA’’) a test
procedure waiver (‘‘CNA waiver’’) for a
basic model of a compact DW that does
not connect to a water supply line and
instead has a built-in reservoir that must
be manually filled with water. 85 FR
79171, 79171 and 79173 (Case No.
2020–008).15
In the January 2023 DW Final Rule,
DOE amended appendix C1 to include
the requirements from the CNA waiver,
which was specific to a compact DW
basic model, to be applicable to a DW
of any capacity with a manually filled
built-in water reservoir. DOE also
adopted these requirements in the new
appendix C2. 88 FR 3234, 3241.
Accordingly, in the September 2023
CCE NOPR, DOE proposed to amend the
reporting requirements at 10 CFR
429.19(b)(3) to include reporting of the
reservoir capacity in gallons, prewash
and main wash fill water volume in
gallons (if testing is performed using
appendix C1), and the total water
consumption in gallons per cycle for
DWs with built-in reservoirs. 88 FR
67458, 67467. DOE’s proposal to report
the prewash and main wash fill water
volumes is only applicable to appendix
C1 because these water volumes are
used to determine detergent dosage in
appendix C1, while the detergent dosage
in appendix C2 is dependent on the
number of place settings. DOE requested
comment on its proposed reporting
requirements for DWs with built-in
reservoirs. Id.
AHAM commented objecting to DOE’s
proposed requirement for dishwashers
with built-in reservoirs to include
reporting of the reservoir capacity and
prewash/main wash fill water volume
because these data points are not
needed to demonstrate compliance with
standards. (AHAM, No. 9 at p. 2;
AHAM, No. 16 at p. 4) AHAM
commented that DOE has not described
how the information would have
practical utility or how the reporting
burden would be justified as required by
PRA. AHAM commented that DOE can
request records in the event of an
enforcement action. (AHAM, No. 16 at
p. 4)
DOE proposed the requirement for
dishwashers with built-in reservoirs to
report the reservoir capacity and
prewash and main wash fill water
volumes because these values are
required to determine the dishwasher’s
water consumption and detergent
dosage, respectively, if DOE were to
conduct an enforcement test. As such,
DOE’s proposal to confidentially report
the water consumption and prewash
and main wash fill water volumes is
similar to the reporting requirements for
13 All materials regarding the Whirlpool waiver
are available in docket EERE–2013–BT–WAV–0042
at www.regulations.gov.
14 All materials regarding the Whirlpool waiver
are available in docket EERE–2013–BT–WAV–0042
at www.regulations.gov.
15 All materials regarding the CNA waiver are
available in docket EERE–2020–BT–WAV–0024 at
www.regulations.gov.
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
PO 00000
Frm 00021
Fmt 4701
Sfmt 4700
E:\FR\FM\09OCR2.SGM
09OCR2
82014
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
present, the energy use in kWh and the
water use in gallons required for each
regeneration of the water softening
system, the number of regeneration
cycles per year, and data and
calculations used to derive these values;
and (9) indication of whether Cascade
Complete Powder or Cascade with the
Grease Fighting Power of Dawn was
used as the detergent formulation. 10
CFR 429.19 (b)(2)–(3). Additionally,
when certifying dishwashers, other than
water re-use dishwashers, according to
appendix C1, the following
requirements are applicable: (A) Before
July 17, 2023, Cascade Complete
Powder detergent may be used as the
basis for certification in conjunction
f. Rounding Requirements
with the detergent dosing methods
In the September 2023 CCE NOPR,
specified in either section 2.5.2.1.1 or
DOE proposed to specify at new section section 2.5.2.1.2 of appendix C1.
10 CFR 429.19(c) that the represented
Cascade with the Grease Fighting Power
value of estimated annual energy use
of Dawn detergent may be used as the
must be rounded to the nearest kWh/yr
basis for certification only in
and the represented value of water
conjunction with the detergent dosing
consumption must be rounded to one
specified in section 2.5.2.1.1 of
decimal place (i.e., the nearest 0.1 gallon appendix C1; and (B) Beginning July 17,
per cycle). 88 FR 67458, 67467. DOE
2023, Cascade Complete Powder
noted that these rounding requirements
detergent may be used as the basis for
were consistent with the existing
certification of newly certified basic
rounding requirements for DWs
models only in conjunction with the
specified at 10 CFR 430.23(c)(2) and 10
detergent dosing method specified in
CFR 430.23(c)(3), respectively and
section 2.5.2.1.2 of appendix C1.
requested comment on the proposed
Cascade with the Grease Fighting Power
rounding requirements. Id.
of Dawn detergent may be used as the
DOE did not receive any comments on
basis for certification only in
the proposed rounding requirements for
conjunction with the detergent dosing
DWs. For the reasons discussed, DOE is
specified in section 2.5.2.1.1 of
adopting the requirements as proposed
appendix C1. Manufacturers may
in the September 2023 CCE NOPR.
maintain existing basic model
2. Reporting Costs and Impacts
certifications made prior to July 17,
2023, consistent with the provisions of
In the September 2023 CCE NOPR,
paragraph 10 CFR 429.19(b)(3)(vi)(A)–
DOE proposed to align the DW
(B).
certification reporting requirements
In the September 2023 CCE NOPR,
with the amended test procedure at
appendix C1, use of which was required DOE noted that under the proposed
amendments, manufacturers would
beginning July 17, 2023, and with the
additionally report the following: (1) the
newly adopted test procedure at
cycles selected for the sensor heavy
appendix C2, use of which would be
response, sensor medium response, and
required at such time as compliance is
sensor light response and whether these
required with any amended energy
cycles are soil-sensing if testing is
conservation standards based on
performed using appendix C2; (2) the
appendix C2. 88 FR 67458, 67467.
options selected for the sensor heavy
For dishwashers, manufacturers
response, sensor medium response, and
currently report the following: (1) the
estimated annual energy use in kWh/yr; sensor light response if testing is
(2) the water consumption in gallons per performed using appendix C2; (3) the
average cleaning index for the sensor
cycle; (3) the capacity in number of
heavy response, sensor medium
place settings as specified in ANSI/
response, and sensor light response
AHAM DW–1–2010; (4) the presence of
a soil sensor, and if present, the number cycles if testing is performed using
appendix C2; (4) whether the product is
of cycles required to reach calibration;
a water re-use system dishwasher and if
(5) the water inlet temperature used for
so, the energy use in kWh and water use
testing in °F; (6) the cycle selected for
in gallons required for a drain out event,
the energy test and whether that cycle
the energy use in kWh and water use in
is soil-sensing; (7) the options selected
gallons required for a clean out event,
for the energy test; (8) the presence of
a built-in water softening system, and if the number of drain out events per year,
khammond on DSKJM1Z7X2PROD with RULES2
any other information that DOE would
require to conduct a test (e.g., the energy
and water use associated with each
regeneration of the water softening
system for dishwashers with built-in
water softening systems). Additionally,
DOE does not expect this reporting
requirement to be unduly burdensome
because manufacturers of dishwashers
with built-in reservoirs would already
be determining these values to conduct
the test procedure. Therefore, DOE is
maintaining its proposal from the
September 2023 CCE NOPR.
For the reasons discussed, DOE is
adopting the amendments as proposed
in the September 2023 CCE NOPR.
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
PO 00000
Frm 00022
Fmt 4701
Sfmt 4700
the number of clean out events per year,
the water fill volume to calculate
detergent dosage in gallons, and data
and calculations used to derive these
values, as applicable; and (5) the
presence of a built-in reservoir and if
present, the manufacturer-stated
reservoir capacity in gallons, the
prewash fill water volume in gallons
and the main wash fill water volume in
gallons if testing is performed using
appendix C1, and the reservoir water
consumption in gallons per cycle. DOE
additionally proposed to add rounding
requirements for estimated annual
energy use and water consumption and
remove the ANSI/AHAM DW–1–2010
industry standard that is included as a
reference from 10 CFR 429.4. 88 FR
67458, 67468.
In the September 2023 CCE NOPR,
DOE tentatively determined that the
proposed amendments would not
impose additional costs for
manufacturers because manufacturers of
DWs are already submitting certification
reports to DOE and should have readily
available the information that DOE is
proposing to collect as part of this
rulemaking. Additionally, any
requirements stemming from the
updates to the test procedure were
accounted for in the January 2023 DW
Final Rule. DOE stated that it did not
believe the revised reporting
requirements would cause any
appreciable change in reporting burden
or hours as compared to what DW
manufacturers are currently doing
today. Id.
DOE did not receive any comments on
the certification and reporting costs
associated with the proposed reporting
requirements for DWs. In this final rule,
DOE makes a final determination that
the amendments to the reporting
requirements for DWs would not cause
any measurable change in reporting
burden or hours for DW manufacturers.
For the reasons discussed in the prior
paragraphs and in the September 2023
CCE NOPR, in this final rule DOE is
adopting the reporting requirements for
DWs as proposed. Compliance with the
amended reporting requirements for
appendix C1 is not required until the
next annual certification report filing
date on or after 210 days after
publication of this final rule.
Compliance with the amended reporting
requirements for appendix C2 is not
required until April 23, 2027, the
compliance date of amended energy
conservation standards based on the use
of appendix C2.
D. Residential Clothes Washers
DOE is amending the reporting
requirements for RCWs, which are a
E:\FR\FM\09OCR2.SGM
09OCR2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
consumer product designed to clean
clothes, utilizing a water solution of
soap and/or detergent and mechanical
agitation or other movement, that must
be one of the following classes:
automatic clothes washers, semiautomatic clothes washers, and other
clothes washers. 10 CFR 430.2. In the
RCW test procedure final rule published
on June 1, 2022 (‘‘June 2022 RCW Final
Rule’’), DOE amended the existing RCW
test procedure at appendix J2,
established a new test procedure at
appendix J, and removed appendix J1.
87 FR 33316. Additionally, on March
15, 2024, DOE published in the Federal
Register a direct final rule adopting
amended standards for RCWs based on
the new metrics as measured using
appendix J (‘‘March 2024 RCW DFR’’).
89 FR 19026. Consistent with the June
2022 RCW Final Rule and the March
2024 RCW DFR, DOE is amending the
reporting requirements for residential
clothes washers.
1. Reporting
Under the existing requirements in 10
CFR 429.20(b)(2)(i), manufacturers of
RCWs tested in accordance with the test
procedure at appendix J1 must report
the following: modified energy factor
(‘‘MEF’’), capacity, corrected remaining
moisture content (‘‘RMC’’), and
integrated water factor (‘‘IWF’’). Under
the existing requirements in 10 CFR
429.20(b)(2)(ii), manufacturers of RCWs
tested in accordance with the test
procedure at appendix J2 must report
the following: integrated modified
energy factor (‘‘IMEF’’), IWF, capacity,
RMC, and type of loading (top-loading
or front-loading). Under the existing
requirements in 10 CFR 429.20(b)(3), all
manufacturers of RCWs must also report
a list of cycle selections comprising the
complete energy test cycle.
DOE is updating these requirements
and specifying new reporting
requirements that will apply to the new
appendix J test procedure and that will
be required for certifying compliance
with amended standards, beginning
March 1, 2028. DOE discusses these
updates in the following sections.
khammond on DSKJM1Z7X2PROD with RULES2
a. Removing Appendix J1
Appendix J1 was removed from the
CFR as part of the June 2022 RCW Final
Rule. 87 FR 33316, 33365. Therefore,
the provisions in 10 CFR 429.20(b)(2)(i),
which specify reporting requirements
for RCWs tested in accordance with
appendix J1, are obsolete. For these
reasons, DOE proposed to remove these
reporting requirements, as well as
requested comment on the proposed
removal of appendix J1 in the
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
September 2023 CCE NOPR. 88 FR
67458, 67468.
DOE did not receive any comments on
its proposal to remove reporting
requirements applicable to appendix J1
from 10 CFR 429.20(b)(2)(i). For the
reasons discussed in the preceding
paragraph and the September 2023 CCE
NOPR, DOE is finalizing this update as
proposed in the September 2023 CCE
NOPR.
b. Clothes Container Capacity
DOE has established separate product
classes for RCWs based on clothes
container capacity, among other
characteristics. 10 CFR 430.32(g)(4). The
current test procedure uses the term
‘‘clothes container capacity’’ to refer to
the measured capacity (see section 3.1
of appendix J2), whereas the current
reporting requirements at 10 CFR
429.20(b)(2) use the term ‘‘capacity.’’ To
provide greater consistency in
terminology between the test procedure
and the reporting requirements, DOE
proposed to update the reporting
requirement terminology from
‘‘capacity’’ to ‘‘clothes container
capacity’’ in the September 2023 CCE
NOPR. 88 FR 67458, 67468. DOE
requested comment on its proposed
terminology update. Id.
DOE did not receive any comments on
its proposal to update reporting
requirement terminology to specify
‘‘clothes container capacity’’ for RCWs.
For the reasons discussed in the
preceding paragraph and the September
2023 CCE NOPR, DOE is adopting this
amendment as proposed in the
September 2023 CCE NOPR.
c. Test Cloth Lot Number
In the June 2022 RCW Final Rule,
DOE implemented new language in 10
CFR 429.134(c) that provides additional
product-specific enforcement provisions
for clothes washers to accommodate
differences in RMC values that may
result from DOE using a different test
cloth lot than was used by the
manufacturer for testing and certifying
the basic model. 87 FR 33316, 33369–
33371. To implement this new
enforcement provision, DOE proposed
to require reporting the test cloth lot
number used during certification testing
in the September 2023 CCE NOPR. 88
FR 67458, 67469. DOE also proposed
that the reported test cloth lot number
would not be public. Id. DOE requested
comment on its proposal to require test
cloth lot number to be reported. Id.
AHAM commented in support of
DOE’s proposal to require reporting of
test cloth lot number to accommodate
differences in RMC values and added
that the additional enforcement
PO 00000
Frm 00023
Fmt 4701
Sfmt 4700
82015
provision addresses AHAM’s concerns
related to the test cloth, including
challenges surrounding certification and
reporting requirements. (AHAM, No. 16
at p. 4)
The CA IOUs commented that DOE
should make data publicly available on
test cloth lot number for RCWs,
asserting that this information would
allow efficiency advocates, consumer
representatives, and academia to
investigate DOE’s test cloth challenges.
(CA IOUs, No. 8 at p. 2) The CA IOUs
commented that disclosure is in the
public interest to overcome information
asymmetries in understanding product
energy consumption and identifying
and supporting test procedure changes
that better reflect real-world energy use
without undue manufacturer burden.
(Id.)
In response to the CA IOUs’ comment,
DOE notes that test cloth lot number
used for certification would not provide
stakeholders with appropriate means to
understand product energy
consumption or to make comparisons of
energy use across different cloth types.
The use of test cloth correction factors
in the appendix J2 and appendix J test
procedures is designed specifically to
ensure the consistency and
representativeness of the final energy
and water use values irrespective of the
test cloth lot used. Accordingly, DOE
would not expect any meaningful
inferences to be drawn from an analysis
of test cloth lot number and any of the
currently certified energy and water use
values. Indeed, requiring the test cloth
lot number to be publicly available
could introduce confusion to the
consumer (for example by suggesting or
implying that the certified values for
each model are dependent upon the test
cloth lot used) or by suggesting or
implying that differences in the test
cloth lot number among different basic
models are indicative of differences in
performance or other attributes of each
basic model.
To the extent that any technical
challenges arise regarding the DOE test
cloth, DOE would address those in a
separate rulemaking, as appropriate.
DOE will coordinate with
representatives from AHAM, clothes
washer manufacturers, textile
manufacturers, test laboratories, and
academia with particular subject matter
expertise in DOE test cloth and other
textiles used for similar purposes in
considering any improvements to the
DOE test cloth requirements.
Finally, DOE understands that under
certain circumstances, manufacturers
may consider details such as the test
cloth lot number used for testing their
products to be confidential or sensitive
E:\FR\FM\09OCR2.SGM
09OCR2
82016
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
business information. For example,
patterns in test cloth lot number data
could provide indication of which
laboratory conducted certification
testing, or they could provide insights
into research and development
strategies—information that
manufacturers generally consider to be
trade secrets.
For the reasons discussed in the
preceding paragraphs and the
September 2023 CCE NOPR, DOE is
adopting its proposal to require the
reporting of the test cloth lot number for
RCWs and for the reported test cloth lot
number not to be public.
d. Specifying Requirements for
Appendix J
The new appendix J test procedure
establishes new energy and water
efficiency metrics for RCWs. Use of
appendix J is required at such time as
compliance is required with any
amended energy conservation standards
based on these new metrics as measured
using appendix J. 87 FR 33316. In the
March 2024 RCW DFR, DOE adopted
amended standards for RCWs based on
the new metrics as measured using
appendix J. 89 FR 19026. Compliance
with amended standards will be
required beginning March 1, 2028.
Consistent with these new metrics, in
the September 2023 CCE NOPR, DOE
proposed to specify certification
requirements at 10 CFR 429.20(b)(2)(i)
corresponding to the use of appendix J,
as detailed in the following sections,
and requested comment on the
proposed requirements. 88 FR 67458,
67469. These reporting requirements
will be required to demonstrate
compliance with the amended standards
based on the new appendix J metrics.
khammond on DSKJM1Z7X2PROD with RULES2
Energy Efficiency Ratio and Water
Efficiency Ratio
Appendix J defines new metrics for
representing clothes washer efficiency:
energy efficiency ratio (‘‘EER’’) 16 and
water efficiency ratio (‘‘WER’’).17 In the
September 2023 CCE NOPR, DOE
proposed to require including EER and
WER as public information in a
certification report for RCWs tested in
accordance with appendix J. 88 FR
67458, 67469.
In the June 2022 RCW Final Rule,
DOE established rounding requirements
16 EER is defined as the weighted-average load
size in pounds (‘‘lbs’’) divided by the sum of (1) the
per-cycle machine energy, (2) the per-cycle water
heating energy, (3) the per-cycle drying energy, and
(4) the per-cycle standby and off mode energy
consumption, in kilowatt-hours (‘‘kWh’’).
17 WER is defined as the weighted-average load
size in lbs divided by the total weighted per-cycle
water consumption for all wash cycles in gallons
(‘‘gal’’).
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
for EER and WER in 10 CFR
430.23(j)(2)(ii) and (j)(4)(ii),
respectively. 87 FR 33316, 33381. These
requirements specify rounding EER to
the nearest 0.01 lb/kWh/cycle and
rounding WER to the nearest 0.01 gal/
kWh/cycle. DOE proposed in the
September 2023 CCE NOPR to specify
these same rounding requirements for
EER and WER at 10 CFR 430.29(c). 88
FR 67458, 67469.
DOE did not receive any comments on
its proposed rounding requirements for
EER and WER at 10 CFR 430.29(c). For
the reasons discussed in the preceding
paragraphs and the September 2023 CCE
NOPR, DOE is adopting its proposal for
rounding requirements for EER and
WER at 10 CFR 430.29(c) as proposed in
the September 2023 CCE NOPR.
Type of Control System
In the March 2024 RCW DFR, DOE reestablished a separate product class and
separate performance-based energy
conservation standards for semiautomatic RCWs.18 89 FR 19026.
Compliance with these amended
standards will be required beginning
March 1, 2028. To distinguish basic
models as either automatic 19 or semiautomatic for the purpose of
determining whether the current
performance-based standards apply, as
well as which energy conservation
standards will apply beginning March 1,
2028, DOE proposed in the September
2023 CCE NOPR to require reporting the
type of control system (automatic or
semi-automatic) as public information
to be included in a certification report
for RCWs tested in accordance with
appendix J. 88 FR 67458, 67469.
DOE did not receive any comments on
its proposal to require reporting the type
of control system (i.e., automatic or
semi-automatic) for RCWs. For the
reasons discussed in the preceding
paragraphs and the September 2023 CCE
NOPR, DOE is adopting this
requirement as proposed in the
September 2023 CCE NOPR.
18 DOE defines ‘‘semi-automatic clothes washer’’
as a class of clothes washer that is the same as an
automatic clothes washer except that user
intervention is required to regulate the water
temperature by adjusting the external water faucet
valves. 10 CFR 430.2.
19 DOE defines ‘‘automatic clothes washer’’ as a
class of clothes washer that has a control system
that is capable of scheduling a preselected
combination of operations, such as regulation of
water temperature, regulation of the water fill level,
and performance of wash, rinse, drain, and spin
functions without the need for user intervention
subsequent to the initiation of machine operation.
Some models may require user intervention to
initiate these different segments of the cycle after
the machine has begun operation, but they do not
require the user to intervene to regulate the water
temperature by adjusting the external water faucet
valves. 10 CFR 430.2.
PO 00000
Frm 00024
Fmt 4701
Sfmt 4700
Other Requirements
For RCWs tested in accordance with
appendix J, DOE also proposed in the
September 2023 CCE NOPR to establish
public reporting requirements for RMC,
clothes container capacity, and type of
loading (i.e., top-loading or frontloading), consistent with the current
reporting requirements specified at 10
CFR 429.20(b)(2)(ii) for RCWs tested in
accordance with appendix J2. 88 FR
67458, 67469. These reporting
requirements will be required only at
such time as use of appendix J is
required to demonstrate compliance
with standards based on the new
appendix J metrics (i.e., on and after
March 1, 2028).
DOE did not receive any comments on
its proposal to require reporting of RMC,
clothes container capacity, and type of
loading (i.e., top-loading or frontloading) for RCWs tested in accordance
with appendix J. For the reasons
discussed in the preceding paragraphs
and the September 2023 CCE NOPR,
DOE is adopting these requirements as
proposed in the September 2023 CCE
NOPR.
e. Additional Requirements
In response to the September 2023
CCE NOPR, the CA IOUs suggested that
DOE require public reporting of the
weighted average cycle time and default
inactive/off mode power for RCWs at
such time as appendix J is required to
be used for compliance. (CA IOUs, No.
8 at p. 5) The CA IOUs asserted that
RCWs with shorter cycle times would
have an EER weighted more heavily
toward default inactive/off mode
operation than those with longer cycle
times, and that consumers who use a
clothes washer multiple times per week
are likelier to prioritize active mode
operation and energy consumption than
consumers who run only one load per
week. (Id.) The CA IOUs commented
that providing consumers with
information on the average cycle time
and default inactive/off mode power
would help them choose the most
efficient clothes washer, and asserted
that requiring these values to be
reported should not result in any
material increase in reporting burden.
(Id.)
As noted by the CA IOUs, DOE does
not currently require reporting weighted
average cycle time or default inactive/
off mode power and did not propose to
add these requirements in the
September 2023 CCE NOPR.
Default inactive/off mode power is
measured as part of the appendix J test
procedure to determine the combined
low-power mode energy, which is one
E:\FR\FM\09OCR2.SGM
09OCR2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
of several parameters used to calculate
EER.20 Weighted average cycle time is
calculated as part of the appendix J test
procedure and used to determine the
number of annual hours that a clothes
washer spends in low-power modes,
which is used to calculate combined
low-power mode energy. Neither
weighted average cycle time nor default
inactive/off mode power would need to
be reported for DOE to determine
compliance with a standard based on
EER. Additionally, these values would
not need to be reported to DOE to
ensure appropriate assessment or
enforcement testing, as these values are
measured as part of the DOE test
procedure.
DOE further notes that since weighted
average cycle time and default inactive/
off mode power were not discussed in
the September 2023 CCE NOPR, the
public did not have an opportunity to
consider or provide comment on the CA
IOUs’ suggestion to add these reporting
requirements. In this final rule, DOE is
finalizing new reporting requirements
for RCWs only for values that are
required for determining compliance
(and for other products, for ensuring
appropriate assessment or enforcement
testing) and that the public had an
opportunity to comment on through the
September 2023 CCE NOPR.
For the reasons discussed in the
preceding paragraphs, DOE is not
adopting a reporting requirement for
weighted average cycle time or default
inactive/off mode power.
khammond on DSKJM1Z7X2PROD with RULES2
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR,
DOE proposed to align RCW
certification reporting requirements
with the energy conservation
requirements that would be applicable
to RCWs tested in accordance with
appendix J. 88 FR 67458, 67469.
Currently, manufacturers report IMEF,
IWF, capacity, RMC, loading type, and
cycle selections. In the September 2023
CCR NOPR, DOE noted that under the
proposed amendments, manufacturers
would additionally report test cloth lot
number. DOE additionally proposed
that for RCWs manufactured after the
compliance date of any future energy
conservation standards based on use of
appendix J, manufacturers would be
required to report EER, WER, capacity,
RMC, control system type, loading type,
cycle selections, and test cloth lot
number.
20 EER is calculated in section 4.9 of appendix J
as the weighted average load size divided by the
sum of machine electrical energy, hot water heating
energy, estimated drying energy, and combined
low-power mode energy.
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
In the September 2023 CCE NOPR,
DOE tentatively determined that the
proposed amendments would not
impose additional costs for
manufacturers because manufacturers of
RCWs are already submitting
certification reports to DOE and should
have readily available the information
that DOE is proposing to collect as part
of this rulemaking. 88 FR 67458, 67469.
DOE stated that it did not believe the
revised reporting requirements would
cause any appreciable change in
reporting burden or hours as compared
to what RCW manufacturers are
currently doing today as the proposed
amendments are replacement metrics or
information that should be readily
available. Id. at 88 FR 67470.
DOE did not receive any comments on
the certification reporting costs of the
amendments proposed for RCWs. In this
final rule, DOE makes a final
determination that these amendments
would not cause any measurable change
in reporting burden or hours for RCWs.
For the reasons discussed in the prior
paragraphs, in this final rule DOE is
adopting the reporting requirements for
RCWs as proposed in the September
2023 CCE NOPR. Compliance with the
amended reporting requirements for
appendix J2 is not required until the
next annual certification report filing
date on or after 210 days after
publication of this final rule.
Compliance with the amended reporting
requirements for appendix J is not
required until March 1, 2028, the
compliance date of the amended energy
conservation standards based on the use
of appendix J.
E. Pool Heaters
DOE is amending the reporting
requirements for consumer pool heaters.
DOE defines pool heaters as an
appliance designed for heating nonpotable water contained at atmospheric
pressure, including heating water in
swimming pools, spas, hot tubs, and
similar applications. 10 CFR 430.2. In
the final rule published on May 30,
2023 (‘‘May 2023 Pool Heaters Final
Rule’’), DOE amended the energy
conservation standards for consumer
pool heaters. 88 FR 34624. While the
current standards only apply to gas-fired
pool heaters, the new and amended
standards apply to both gas-fired pool
heaters and electric pool heaters
(excluding electric spa heaters) 21 and
21 ‘‘Electric
pool heater’’ means a pool heater
other than an electric spa heater that uses electricity
as its primary energy source. An ‘‘electric spa
heater’’ means a pool heater that (1) uses electricity
as its primary energy source; (2) has an output
capacity of 11 kW or less; and (3) is designed to be
installed within a portable electric spa. 88 FR
PO 00000
Frm 00025
Fmt 4701
Sfmt 4700
82017
use an updated efficiency metric. Id. at
88 FR 34704. Consistent with the May
2023 Pool Heaters Final Rule, DOE is
amending the reporting requirements for
consumer pool heaters.
1. Reporting
Under the existing requirements in 10
CFR 429.24, manufacturers of gas-fired
pool heaters must report: thermal
efficiency in percent and input capacity
in Btu/h. 10 CFR 429.24(b)(1)–(2). These
requirements provide for certifying
compliance with the April 16, 2013
thermal efficiency standards. The
amended standards are based on a
different metric: integrated thermal
efficiency. (See 88 FR 34624, 34625). In
the September 2023 CCE NOPR, DOE
proposed to update these certification
requirements and align them with the
energy conservation standards outlined
in the May 2023 Pool Heaters Final
Rule. 88 FR 67458, 67470. DOE
additionally proposed general
certification requirements for consumer
pool heaters. Id. DOE discusses these
updates in the following paragraphs.
The current standards for consumer
pool heaters at 10 CFR 430.32(k)
provide only minimum thermal
efficiency (‘‘TE’’) requirements for gasfired pool heaters, which does not
include standby mode and off mode
energy consumption. While the TE
metric has historically been used to rate
pool heaters, the current test procedure
at appendix P to subpart B of 10 CFR
part 430 (‘‘appendix P’’) includes
provisions to determine the new
integrated thermal efficiency (‘‘TEI’’)
metric, which includes standby mode
and off mode energy consumption as
required by EPCA. Hence, the May 2023
Pool Heaters Final Rule established new
and amended standards for gas-fired
pool heaters and electric pool heaters in
terms of TEI. 88 FR 34624, 34625. In the
May 2023 Pool Heaters Final Rule, DOE
stated that it would consider
requirements for reporting and
certifying TEI in lieu of TE in a separate
rulemaking. 88 FR 34624, 34636. DOE
stated that it would also consider
requirements for reporting and
certifying active electrical power 22
along with the representative value for
TEI in a separate rulemaking. Id.
In the pool heaters energy
conservation standards NOPR
rulemaking (‘‘April 2022 Pool Heaters
34624, 34703. DOE did not establish standards for
electric spa heaters in the May 2023 Pool Heaters
Final Rule, so the certification requirements
proposed in this NOPR pertain only to electric pool
heaters.
22 ‘‘Active electrical power’’ means the maximum
electrical power consumption in active mode for an
electric pool heater.
E:\FR\FM\09OCR2.SGM
09OCR2
khammond on DSKJM1Z7X2PROD with RULES2
82018
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
NOPR’’), DOE addressed comments
from AHRI regarding the level of
precision required for representations of
TEI. 87 FR 22640, 22652 (Apr. 15, 2022).
AHRI suggested that, for products where
the efficiency ratings are less than 100
percent, a change of one or two points
may make a difference; however, for
products such as heat pump pool
heaters with efficiency ratings that can
exceed 300 percent, a difference of one
or two points is inconsequential. Id.
DOE stated that it would consider
rounding requirements for consumer
pool heaters in a separate rulemaking
addressing certification reports. Id.
In the April 2022 Pool Heaters NOPR,
DOE sought comment on changes to
certification and enforcement
requirements. Id. Rheem recommended
that DOE update the certification
provisions at 10 CFR 429.24 to require
certification of TEI and either input
capacity or active electrical power as
necessary. (Rheem, Docket No. EERE–
2021–BT–STD–0020, No. 19 at p. 2)
Rheem also recommended that DOE
evaluate adding certification
provisions—similar to the requirements
for consumer water heaters—which
allow for the propane gas version of a
basic model to be rated using the natural
gas version if the propane gas input rate
is within 10 percent of the natural gas
input rate. (Rheem, Docket No. EERE–
2021–BT–STD–0020, No. 19 at p. 10)
In response to Rheem’s request to use
representations of natural gas basic
models for propane basic models, in the
September 2023 CCE NOPR, DOE noted
that the water heater certification
provisions referenced by the commenter
are specifically for AEDMs (see 10 CFR
429.70(g)(1)). 88 FR 67458, 67470. DOE
additionally stated that manufacturers
of consumer pool heaters are not
authorized to use AEDMs for
representations pertaining to consumer
pool heaters (see 10 CFR 429.70(a)), and
the May 2023 Pool Heaters Final Rule
did not establish this allowance. 88 FR
34624. Hence, in the September 2023
CCE NOPR, DOE did not propose
special certification requirements for
propane gas-fired pool heaters. 88 FR
67458, 67470.
For consumer pool heaters, DOE
proposed to clarify provisions for
certifying input capacity, establish
provisions for certifying active electrical
power, and establish certification
requirements for TEI (including
rounding requirements) in the
September 2023 CCE NOPR. 88 FR
67458, 67470. In the September 2023
CCE NOPR, DOE tentatively determined
that certification of input capacity and
active electrical power is necessary
because these values are used to
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
determine the TEI standard that applies
to a pool heater. 88 FR 67458, 67470.
In the September 2023 CCE NOPR,
DOE proposed to clarify that
representations of input capacity for
gas-fired pool heaters must be made
based on the average of the input
capacities measured for each tested unit
of the basic model, and rounded to the
nearest 1,000 Btu/h. 88 FR 67458,
67470. There are currently no
certification requirements for electric
pool heaters. In the September 2023
CCE NOPR, DOE proposed to establish
requirements for active electrical power
similar to those for input capacity,
because these two values are analogous
to each other for electric pool heaters
and gas-fired pool heaters, respectively.
88 FR 67458, 67470.
The May 2023 Pool Heaters Final Rule
will require compliance with standards
using the TEI metric; hence, in the
September 2023 CCE NOPR, DOE also
proposed to require certification of this
value. 88 FR 67458, 67470. The
represented value for TEI would be
rounded to the nearest tenth of one
percent for gas-fired pool heaters.
However, in consideration of the
comments from AHRI indicating that
the level of precision does not need to
be so stringent for electric pool heaters,
DOE proposed that the value for TEI
would be rounded to the nearest 1
percent for electric pool heaters. Id. In
the September 2023 CCE NOPR, DOE
additionally noted that because
manufacturers of gas-fired pool heaters
must still ensure that these products
comply with the current TE standards at
10 CFR 430.32(k), until compliance with
new TEI standards is mandatory,
therefore, DOE was maintaining the
requirement for certifying TE of gasfired pool heaters for products that must
comply with TE standards. 88 FR 67458,
67470–67471. DOE stated that reporting
of TEI would become mandatory upon
the compliance date of the energy
conservation standards adopted in the
May 2023 Pool Heaters Final Rule, May
30, 2028, at which time manufacturers
would no longer be required to report
TE. 88 FR 67458, 67471. DOE requested
comment on its proposal to require the
reporting of input capacity, active
electrical power, integrated thermal
efficiency, and the proposed rounding
requirements. Id.
Rheem commented in support of DOE
requiring the reporting of input
capacity, active electrical power, and
integrated thermal efficiency, all of
which, it noted, are necessary to
determine compliance with the recently
amended energy conservation
standards. However, Rheem
recommended that DOE explicitly state
PO 00000
Frm 00026
Fmt 4701
Sfmt 4700
the required certification date for both
electric and gas-fired pool heaters in the
final rule. Rheem commented that its
understanding is that gas-fired pool
heaters must be filed by May 1, 2028,
and comply with the energy
conservation standards currently in
effect, then re-filed by May 30, 2028,
with models complying with the
amended standards. Rheem commented
it also understands for electric pool
heaters, the initial filing date would be
May 30, 2028. (Rheem, No. 15 at p. 2;
Rheem, Public Meeting Transcript, No.
6 at pp. 16–17)
In terms of rounding requirements,
Rheem commented it currently has heat
pump pool heaters with active electrical
power ranging between 1.15–7.6 kW
(3,923–25,932 Btu/h) and by the
compliance date of the energy
conservation standards rulemaking,
Rheem expects models above and below
this range to be available. Rheem
commented that the proposed rounding
requirement would result in well over
the ±5 percent allowed in the
enforcement provisions at 10 CFR
429.134(cc). Rheem further noted that
the integrated thermal efficiency
standards that an electric pool heater
must meet are based on active electrical
power, and by rounding to the nearest
1,000 Btu/h, large jumps in the required
integrated thermal efficiency are
observed. Rheem requested that DOE
reevaluate the active electrical power
rounding requirements for electric pool
heaters, as rounding to the nearest 100
Btu/h resulted in ∼5-percent change
from the actual active electrical power.
(Rheem, No. 15 at pp. 2–3)
Regarding the required certification
dates, DOE clarifies that, as Rheem
stated in its comment, gas-fired pool
heater ratings must be certified to DOE
and comply with the energy
conservation standards currently in
effect by the required annual
certification date of May 1.
Manufacturers may choose to submit
certification reports prior to the annual
certification date. Regarding the
amended standards compliance date of
May 30, 2028, DOE notes that it makes
its best effort to finalize certification
templates to give certifiers sufficient
time to prepare for the compliance dates
of any upcoming amended energy
conservation standards. Subsequently,
gas-fired pool heaters can be certified in
accordance with the energy
conservation standards that take effect
on May 30, 2028 in advance of the May
1 annual filing date to avoid having to
submit multiple certification reports in
a brief period of time. For electric pool
heaters, which were only recently
covered by energy conservation
E:\FR\FM\09OCR2.SGM
09OCR2
khammond on DSKJM1Z7X2PROD with RULES2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
standards adopted in the May 2023 Pool
Heaters Final Rule, the initial required
certification date will be May 30, 2028
(and manufacturers may similarly
choose to submit certification reports in
advance of the required date).
Regarding the rounding requirements
proposed in the September 2023 CCE
NOPR, DOE appreciates Rheem’s
comments and has reconsidered the
rounding requirements proposed for
reporting of active electric power
(‘‘PE’’), for electric pool heaters. In the
September 2023 CCE NOPR, DOE
proposed that PE be reported and
rounded to the nearest 1,000 Btu/h, in
alignment with the reporting and
rounding requirements for input
capacity of gas-fired pool heaters. 88 FR
67458, 67470. Energy conservation
standards for pool heaters are set by the
integrated thermal efficiency metric
(‘‘TEI’’), and the efficiency level is a
function of PE for electric pool heaters,
and input capacity for gas pool heaters.
Based on its own analysis of the range
of PE values that exist on the electric
pool heater market, DOE agrees with
Rheem that rounding PE to the nearest
1,000 Btu/h would result in large
‘‘jumps’’ in the required TEI,
particularly for electric pool heaters
with lower PE values. Furthermore, the
product-specific enforcement provisions
for pool heaters state that if the PE value
found during testing deviates from the
certified value by more than 5 percent,
DOE would use the tested value instead
of the certified value as the basis for
calculation of the TEI standard. (10 CFR
429.134(cc)(2)(ii)) Therefore, if the
certified value is, as a result of the
rounding requirements, necessarily
going to deviate from the actual PE by
more than 5 percent, this would mean
that the minimum TEI value used by
DOE to determine compliance could
consistently be different from the
minimum TEI value that would
correspond to the product’s
certification—in other words, there
would be greater uncertainty regarding
which minimum TEI value
manufacturers must design their
products to meet.
DOE has concluded that a tighter
input capacity rounding requirement for
electric pool heaters than for gas-fired
pool heaters is justified, due to the fact
that, based on DOE’s observations, the
median PE for electric pool heaters
currently on the market is 17,500 Btu/
h whereas the median input capacity for
gas-fired pool heaters is 266,000 Btu/h.
That is, because the typical PE values
for electric pool heaters are much
smaller than the typical input capacity
values for gas-fired pool heaters, it is
justifiable for the rounding requirements
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
for PE to be tighter in order to be more
proportional to the ratings themselves.
A rounding requirement of 100 Btu/h, as
suggested by Rheem, allows for a more
accurate calculation of the applicable
standard for electric pool heaters (i.e., it
reduces the size of the ‘‘jumps’’ in the
standard that the commenter had
noted). Secondly, the tighter rounding
requirement better ensures the
measured PE and the certified PE
remain within 5 percent of each other.
Based on DOE research, the smallest
heat pump electric pool heaters on the
market today may have PE values of
about 4,000 Btu/h, and a variation in
certification due to rounding to the
nearest 100 Btu/h would constitute a
deviation of less than 5 percent, which
is the threshold included in 10 CFR
429.134(cc)(2)(ii) for the use of the
certified PE value during enforcement
testing. By contrast, a rounding
requirement of 1,000 Btu/h could result
in a deviation of over 5 percent. Lastly,
DOE has determined that adopting a
rounding requirement of 100 Btu/h for
PE would result in no change in
compliance for electric heat pump pool
heaters currently on the market
compared to a rounding requirement of
1,000 Btu/h, as these pool heaters are
not currently subject to energy
conservation standards.
Therefore, in order to improve the
accuracy of the TEI standards calculated
based on PE values for electric pool
heaters, DOE adopts a requirement that
PE be reported and rounded to the
nearest 100 Btu/h in this final rule.
DOE is adopting all other
requirements for pool heaters as
proposed in the September 2023 CCE
NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR,
DOE proposed to align pool heater
certification reporting requirements
with the energy conservation
requirements that would be applicable
to pool heaters, as finalized in the May
2023 Pool Heaters Final Rule. 88 FR
67458, 67471.
For gas-fired pool heaters,
manufacturers currently report TE as a
percentage and input capacity in Btu/h.
As a result of the amended standards,
manufacturers of gas-fired pool heaters
would be required to report TEI as a
percentage in lieu of TE when certifying
compliance with the revised standards.
For electric pool heaters, manufacturers
are not currently required to submit
certification reports as there are no
applicable standards at this time. As a
result of the amended standards,
manufacturers of electric pool heaters
would be required to report TEI as a
PO 00000
Frm 00027
Fmt 4701
Sfmt 4700
82019
percentage and active electrical power
in Btu/h. 88 FR 34624, 34704.
In the September 2023 CCE NOPR,
DOE tentatively determined that these
proposed amendments would not
impose additional costs for
manufacturers of gas-fired pool heaters
because manufacturers of gas-fired pool
heaters are already submitting
certification reports to DOE and should
have the information that DOE is
proposing to collect as part of this
rulemaking readily available. DOE
stated that it did not believe the revised
reporting requirements would cause any
appreciable increase in any
manufacturer’s reporting burden or
hours compared to certifying under
current gas-fired pool heater
requirements. For electric pool heaters,
manufacturers are not currently
required to submit certification reports
to DOE because electric pool heaters are
not currently subject to any applicable
energy conservation standards. Any
manufacturer of electric pool heaters
would be required to submit
certification reports for electric pool
heaters upon the compliance date of the
amended energy conservation
standards, May 30, 2028. 88 FR 34624,
34704.
Rheem commented that it expects the
certification and reporting costs of the
amendments proposed for pool heaters
to increase, but this increase will not be
overly burdensome. (Rheem, No. 15 at
pp. 3–4)
In this final rule, DOE makes a final
determination that these amendments
would not cause any measurable change
in reporting burden or hours for gasfired pool heaters. Costs associated with
the new reporting requirements
pertaining to electric pool heaters are
discussed in section IV.C of this
document. Compliance with the new
and amended reporting requirements is
not required until the compliance date
of the associated energy conservation
standards.
F. Dehumidifiers
DOE is amending the reporting
requirements for dehumidifiers, which
DOE defines as products—other than
portable air conditioners, room air
conditioners, or packaged terminal air
conditioners—that are self-contained,
electrically operated, and mechanically
encased assemblies consisting of (1) a
refrigerated surface (evaporator) that
condenses moisture from the
atmosphere; (2) a refrigerating system,
including an electric motor; (3) an aircirculating fan; and (4) a means for
collecting or disposing of the
condensate. 10 CFR 430.2. Use of
appendix X1 to subpart B of 10 CFR part
E:\FR\FM\09OCR2.SGM
09OCR2
82020
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
430 (‘‘appendix X1’’) is currently
required for any representations of
energy use or efficiency of portable and
whole-home dehumidifiers, including
demonstrating compliance with the
currently applicable energy
conservation standards. Consequently,
appendix X is obsolete for
dehumidifiers manufactured on or after
June 13, 2019. Therefore, DOE is
removing the outdated appendix X
reporting requirements consistent with
the removal of appendix X in the test
procedure final rule published on July
26, 2023 (‘‘July 2023 Dehumidifiers
Final Rule’’). 88 FR 48035.
khammond on DSKJM1Z7X2PROD with RULES2
1. Reporting
Under the existing requirements in 10
CFR 429.36, manufacturers must report:
energy factor in liters per kilowatt hour
(‘‘liters/kWh’’) and capacity in pints per
day when certifying compliance with
dehumidifiers tested in accordance with
appendix X. 10 CFR 429.36(b)(2)(i).
However, use of appendix X is no longer
permitted for compliance because use of
appendix X1 is required to demonstrate
compliance with standards for products
manufactured on or after June 13, 2019,
and the July 2023 Dehumidifiers Final
Rule removed appendix X. 88 FR 48035.
In the September 2023 CCE NOPR, DOE
proposed to remove the outdated
appendix X certification requirements
consistent with the removal of appendix
X that was proposed at that time (see 87
FR 35286) and requested comment on
its proposal. 88 FR 67458, 67471.
AHAM commented it had no
objection to the removal of appendix X
per the June 2022 Dehumidifiers NOPR
as appendix X1 is now required to
demonstrate compliance with standards
for products manufactured on or after
June 13, 2019. (AHAM, No. 16 at p. 4)
For the reasons discussed, DOE is
finalizing its proposal and removing the
outdated appendix X certification
requirements, as proposed in the
September 2023 CCE NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR,
DOE proposed to align dehumidifier
certification reporting requirements
with the appendix X1 test procedure
requirements, use of which was
required beginning on June 13, 2019, by
removing the appendix X requirements
applicable to dehumidifiers
manufactured prior to June 13, 2019. 88
FR 67458, 67471.
In the September 2023 CCE NOPR,
DOE stated that it tentatively
determined that the proposed
amendments would not impose
additional costs for manufacturers
because the only proposed amendments
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
were the removal of outdated
requirements. DOE did not propose any
amendments to the reporting
requirements associated with appendix
X1 and proposed to remove certification
requirements associated with a prior
appendix. Therefore, DOE stated that it
did not believe the revised reporting
requirements would cause any
appreciable change in reporting burden
or hours compared to certifying under
current dehumidifier requirements. Id.
DOE did not receive any comments on
the certification reporting costs of the
amendments proposed for
dehumidifiers. In this final rule, DOE
makes a final determination that these
amendments would not cause any
measurable change in reporting burden
or hours for Dehumidifier
manufacturers.
For the reasons discussed in the prior
paragraphs, in this final rule DOE is
removing the outdated reporting
requirements associated with appendix
X, as proposed in the September 2023
CCE NOPR.
G. External Power Supplies
DOE is amending the reporting
requirements for EPSs. DOE defines an
EPS as an external power supply circuit
that is used to convert household
electric current into direct current or
lower-voltage AC current to operate a
consumer product. 10 CFR 430.2. In the
test procedure final rule published on
August 19, 2022, DOE amended the
appendix Z test procedure for EPSs. 87
FR 51200. Consistent with that final
rule, DOE is amending the reporting
requirements for EPSs.
1. Reporting
Under the existing requirements in 10
CFR 429.37(b)(2), manufacturers must
report the following based on the EPS
type:
For EPSs, manufacturers currently
report the average active mode
efficiency as a percentage, no-load mode
power consumption in watts, nameplate
output power in watts, and, if missing
from the nameplate, the output current
in amperes of the basic model or the
output current in amperes of the
highest- and lowest-voltage models
within the external power supply design
family.
For switch-selectable single-voltage
EPSs, manufacturers currently report
the average active mode efficiency as a
percentage, no-load mode power
consumption in watts using the lowest
and highest selectable output voltages,
nameplate output power in watts, and,
if missing from the nameplate, the
output current in amperes.
PO 00000
Frm 00028
Fmt 4701
Sfmt 4700
For adaptive single-voltage EPSs,
manufacturers currently report the
average active-mode efficiency as a
percentage at the highest and lowest
nameplate output voltages, no-load
mode power consumption in watts,
nameplate output power in watts at the
lowest and highest nameplate output
voltages, and, if missing from the
nameplate, the output current in
amperes at the lowest and highest
nameplate output voltages.
For EPSs that are exempt from noload mode requirements, manufacturers
currently report a statement that the
product is designed to be connected to
a security or life safety alarm or
surveillance system component, the
average active-mode efficiency as a
percentage, the nameplate output power
in watts, and if missing from the
nameplate, the certification report must
also include the output current in
amperes of the basic model or the
output current in amperes of the lowestand highest-voltage models within the
external power supply design family.
Manufacturers of these exempt external
power supplies are additionally
required to report, if the aggregate total
number of exempt EPSs sold as spare
and service parts exceeds 1,000 units
across all models: the importer or
domestic manufacturer’s name and
address, the brand name, and the
number of units sold during the most
recent 12-calendar-month period ending
on July 31. 10 CFR 429.37(b)(3) and 10
CFR 429.37(c).
These requirements for certifying
compliance with the energy
conservation standards are applicable to
EPSs manufactured on or after February
10, 2014. In this final rule, DOE is
aligning the reporting requirements with
the amended appendix Z test procedure,
use of which was required beginning
September 19, 2022, and adopting
general certification requirements for
EPSs. DOE discusses these updates in
the sections as follows.
a. Output Cord Specifications
DOE’s amended EPS test procedure
requires that EPSs be tested with the
output cord they are shipped with. For
EPSs not shipped with an output cord,
the EPS must be tested with a
manufacturer’s recommended output
cord. For EPSs not shipped with an
output cord and for which the
manufacturer does not recommend an
output cord, the amendments specify
that the EPS must be tested with a 3foot-long output cord with a conductor
thickness that is minimally sufficient to
carry the maximum required current.
See section 4(g) of appendix Z.
E:\FR\FM\09OCR2.SGM
09OCR2
khammond on DSKJM1Z7X2PROD with RULES2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
To better align the reporting
requirements with the test procedure, in
the September 2023 CCE NOPR, DOE
proposed to add a reporting requirement
of the included output cord
specifications (gauge and length); for
EPSs not shipped with an output cord,
the specifications (gauge and length) for
the manufacturer’s recommended
output cord would be provided. 88 FR
67458, 67472. For EPSs not shipped
with an output cord and for which the
manufacturer does not recommend an
output cord, the gauge of the 3-foot-long
output cord will be provided. Id. DOE
requested comment on these proposed
requirements. Id.
During the NOPR public meeting,
AHAM asked the purpose of collecting
information regarding the output cord
specification in certification reports as
opposed to some other avenue. (AHAM,
Public Meeting Transcript, No. 6 at pp.
18–19) Additionally, in written
comments, AHAM commented it did
not object to DOE’s proposals regarding
aligning EPS reporting requirements
with the amended appendix Z test
procedure and proposing general
certification requirements; adding a
reporting requirement of the included
output cord; and not including
manufacturer specifications for EPSs not
shipped with an output cord (instead,
the gauge of the 3-foot-long output cord
will be provided). (AHAM, No. 16 at p.
5)
ASAP et al. commented requesting
DOE to provide additional clarity
regarding EPS reporting provisions for
output cords. ASAP et al. expressed
concern that the term ‘‘specifications’’ is
too vague and asked that, for additional
clarity, DOE list the specifications so the
specific relevant information necessary
for the performance validation of EPSs
could be collected. ASAP et al.
additionally noted that during the
NOPR public meeting, gauge and length
were listed as specifications. (ASAP et
al., No. 14 at p. 2)
As stated during the NOPR public
meeting, the purpose of collecting
information related to the output cord is
to ensure that output cord requirements
for EPSs that are not shipped with
output cords are met and to ensure that
DOE is able to recreate the testing
conditions for verification testing. DOE
notes that it identified the output cord
specifications to be reported as wire
gauge and length in the September 2023
CCE NOPR and the NOPR public
meeting. See 88 67458, 67472.
Accordingly, DOE clarifies that the
output cord specifications to be reported
are effective wire gauge and length, and
DOE is aligning 10 CFR 429.37(b)(2) and
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
the corresponding EPS reporting
templates accordingly.
For the reasons discussed, in this final
rule, DOE is adopting the amendments
as clarified from the September 2023
CCE NOPR.
b. Output Voltage
In DOE’s current EPS test procedure
and energy conservation standards,
determining factors for EPS type and
product class are the nature of the
output voltage and its measured value.
Output voltage type (i.e., AC, DC,
multiple voltage and/or adaptive)
determines the applicable portion of the
test procedure and the template that
must be used for certification purposes.
The measured value of the voltage
determines whether the EPS falls within
the basic or low voltage product class.
To better align the reporting
requirements with the test procedure
and energy conservation standards for
EPSs, DOE proposed to add a reporting
requirement for the measured output
voltage for each port in the September
2023 CCE NOPR. 88 FR 67458, 67472.
DOE requested comment on this
proposed requirement. Id.
AHAM commented that it did not
object to DOE’s proposal for EPSs
regarding adding a reporting
requirement for the measured output
voltage for each port. (AHAM, No. 16 at
p. 5)
For the reasons discussed, in this final
rule, DOE is adopting the amendments
as proposed in the September 2023 CCE
NOPR.
c. Additional Date Reporting
Requirements for Exempt EPSs
To further clarify the time period
during which the exempt EPSs were
sold, DOE proposed to require the
manufacturer to report the applicable
timeframe of which the number of
exempt EPSs were sold in the
September 2023 CCE NOPR. 88 FR
67458, 67472. DOE requested comment
on this proposed requirement. Id.
AHAM commented that it did not
object to DOE’s proposal for EPSs.
(AHAM, No. 16 at p. 5)
For the reasons discussed, in this final
rule, DOE is adopting the amendment as
proposed in the September 2023 CCE
NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR,
DOE proposed to align EPS certification
reporting requirements with the revised
appendix Z test procedure
requirements, use of which was
required beginning September 19, 2022.
88 FR 67458, 67472.
PO 00000
Frm 00029
Fmt 4701
Sfmt 4700
82021
For switch-selectable single-voltage
EPSs, manufacturers currently report
the average active mode efficiency as a
percentage, no-load mode power
consumption in watts using the lowest
and highest selectable output voltages,
nameplate output power in watts, and,
if missing from the nameplate, the
output current in amperes, and would
additionally report included or
recommended output cord
specifications and the measured output
voltage at the lowest and highest
selectable output voltages if the
proposed amendments are adopted.
For adaptive single-voltage EPSs,
manufacturers currently report the
average active-mode efficiency as a
percentage at the highest and lowest
nameplate output voltages, no-load
mode power consumption in watts,
nameplate output power in watts at the
lowest and highest nameplate output
voltages, and, if missing from the
nameplate, the output current in
amperes at the lowest and highest
nameplate output voltages, and would
additionally report included or
recommended output cord
specifications and the measured output
voltage at the lowest and highest
nameplate output voltages if the
proposed amendments are adopted.
For EPSs that are exempt from noload mode requirements, manufacturers
currently report a statement that the
product is designed to be connected to
a security or life safety alarm or
surveillance system component, the
average active-mode efficiency as a
percentage, the nameplate output power
in watts, and if missing from the
nameplate, the certification report must
also include the output current in
amperes of the basic model or the
output current in amperes of the lowestand highest-voltage models within the
external power supply design family,
and would additionally report included
or recommended output cord
specifications and the measured output
voltage or the measured output voltage
of the lowest and highest voltage models
within the external power supply design
family, and the timeframe of which
these exempt EPSs were sold, if the
proposed amendments are adopted.
For all other EPSs, manufacturers
currently report the average active mode
efficiency as a percentage, no-load mode
power consumption in watts, nameplate
output power in watts, and, if missing
from the nameplate, the output current
in amperes of the basic model or the
output current in amperes of the
highest- and lowest-voltage models
within the external power supply design
family.
E:\FR\FM\09OCR2.SGM
09OCR2
82022
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
In the September 2023 CCE NOPR,
DOE noted that under the proposed
amendments manufacturers would
additionally report included or
recommended output cord
specifications and the measured output
voltage or the measured output voltage
of the lower and highest voltage models
within the EPS design family if the
proposed amendments are adopted. Id.
at 88 FR 67473.
In the September 2023 CCE NOPR,
DOE tentatively determined that the
proposed amendments would not
impose additional costs for
manufacturers because manufacturers of
EPSs are already submitting certification
reports to DOE and should have readily
available the information that DOE is
proposing to collect as part of this
rulemaking. Id. DOE stated that it did
not believe the revised reporting
requirements would cause any
appreciable change in reporting burden
or hours as compared to what EPS
manufacturers are currently doing
today. Id.
DOE did not receive any comments on
the certification reporting costs of the
amendments proposed for EPSs. As a
result, in this final rule, DOE makes a
final determination that these
amendments would not cause any
measurable change in reporting burden
or hours for EPSs.
For the reasons discussed in the prior
paragraphs and in the September 2023
CCE NOPR, in this final rule, DOE is
adopting the reporting requirements for
EPSs as proposed in the September 2023
CCE NOPR. Compliance with these
amended reporting requirements is not
required until the next annual
certification report filing date on or after
210 days after publication of this final
rule.
H. Battery Chargers
DOE is amending the reporting
requirements for battery chargers, which
DOE defines as devices that charge
batteries for consumer products,
including battery chargers embedded in
other consumer products. 10 CFR 430.2.
In the test procedure final rule
published on September 8, 2022
(‘‘September 2022 Battery Charger Final
Rule’’), DOE amended the scope of
coverage and test procedure provisions
for battery chargers. 87 FR 55090. On
March 15, 2023, DOE published an
energy conservation standards NOPR for
battery chargers that was developed
based on the amended test procedure.
88 FR 16112. Consistent with the test
procedure final rule and the energy
conservation standards NOPR, DOE is
reorganizing current reporting
requirements and adding new reporting
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
requirements that will become
mandatory upon the compliance date of
any future amended energy
conservation standards for battery
chargers.
1. Reporting
Under the existing requirements in 10
CFR 429.39, manufacturers must report:
(1) the nameplate battery voltage of the
test battery in volts, the nameplate
battery charge capacity of the test
battery in ampere-hours, and the
nameplate battery energy capacity of the
test battery in watt-hours; (2) the
represented values for the maintenance
mode power (Pm), standby mode power
(Psb), off mode power (Poff), battery
discharge energy (Ebatt), 24-hour energy
consumption (E24), duration of the
charge and maintenance mode test (tcd),
and unit energy consumption (UEC);
and (3) the manufacturer and model of
the test battery, and the manufacturer
and model, when applicable, of the
external power supply. 10 CFR 429.39.
These requirements provide for
certifying compliance with the energy
conservation standards applicable to
battery chargers manufactured on or
after June 13, 2018. DOE is reorganizing
these requirements and aligning the
reporting requirements with the
amended test procedure at appendix Y
to subpart B of part 430 (‘‘appendix Y’’),
use of which was required beginning on
March 7, 2023. DOE is also adopting
new reporting requirements to the
certification requirements for battery
chargers tested under appendix Y1, use
of which would be required upon the
compliance date of any future amended
energy conservation standards for
battery chargers. Id. DOE discusses
these updates in the sections as follows.
a. Reporting Requirements for Battery
Chargers Tested Under Appendix Y1
In the September 2022 Battery
Charger Final Rule, DOE established a
new appendix Y1 for the multi-metric
testing approach for battery chargers.
Under the new multi-metric testing
approach, instead of computing and
reporting the UEC value, which captures
the performance of a battery charger in
all modes of operation into a single
metric, manufacturers are required to
calculate and report the battery charger
energy and power values for each mode
of operation separately. These modes
consist of active charge mode, standby
mode, and off mode. 87 FR 55090,
55100–55105.
In the September 2023 CCE NOPR,
DOE proposed to update the battery
charger reporting requirements in 10
CFR 429.39 to align with the new multimetric test procedure by (1) removing
PO 00000
Frm 00030
Fmt 4701
Sfmt 4700
the UEC reporting requirement for both
wired and fixed-location wireless
battery chargers tested under appendix
Y1, and (2) adding reporting
requirements for active charge energy Ea
and no-battery mode power Pnb. 88 FR
67458, 67473. Additionally, DOE
proposed to include active charge
energy Ea (as measured in accordance
with appendix Y1) as an optional
reporting requirement when certifying
compliance with the existing appendix
Y requirements to assist DOE in
gathering data for any future amended
energy conservation standards. Id.
Whether manufacturers choose to report
this proposed optional information
would have no impact on the validity of
representations made when certifying
compliance with appendix Y or the
current energy conservation standards.
DOE requested comment on its
proposed reporting requirements for
battery chargers tested under appendix
Y1. Id.
During the NOPR public meeting,
AHAM asked whether DOE has any
enforcement policy on whether it can
enforce an optional reporting
requirement that may be inaccurate.
(AHAM, Public Meeting Transcript, No.
6 at p. 21) In written comments, AHAM
commented that including active charge
energy Ea (as measured in accordance
with appendix Y1) as an optional
reporting requirement is not the
appropriate mechanism for data
collection as it falls outside the scope of
the PRA. (AHAM, No. 16 at p. 5) AHAM
commented that if DOE wishes to
collect data for future amended
standards, it should do so through that
rulemaking process, not through
certification, compliance, and
enforcement provisions. (AHAM, No. 16
at p. 5; AHAM, No. 9 at p. 2) Further,
AHAM stated that DOE can always seek
such data under its authority to request
records. AHAM commented that by
including proposed collections of
information in the appropriate
processes, DOE will be able to
demonstrate practical utility and
appropriateness of the information for
its intended use and other requirements
of the PRA. (AHAM, No. 9 at p. 2)
AHAM stated that if DOE chooses to
move forward with this optional
reporting, DOE should also exercise
discretion while manufacturers learn to
use it and the reporting template should
clearly distinguish required and
optional elements, as should any publicfacing documentation. (AHAM, No. 16
at p. 5)
DOE notes that if manufacturers are
making energy use representations for a
DOE regulated product or equipment,
the specified energy representations
E:\FR\FM\09OCR2.SGM
09OCR2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
would need to be made in accordance
with DOE’s corresponding test
procedure and certification
requirements. Such energy
representations made would be subject
to DOE’s enforcement requirements in
subpart C of 10 CFR 429. Based on
stakeholder comments received and to
avoid any potential confusion of the
active charge energy being an optional
metric, DOE is not adopting the
proposal to include the optional active
charge energy reporting requirement
when certifying compliance according
to appendix Y in this final rule.
ASAP et al. commented that in the
proposed regulatory text at 10 CFR
429.39, there was an inconsistency in
the style of maintenance mode power,
Pm, wherein the letter ‘‘m’’ was written
as a subscript in all references except in
10 CFR 429.39(a)(1)(ii). (ASAP et al.,
No. 14 at p. 4) DOE notes that the letter
‘‘m’’ should indeed be a subscript in the
regulatory text and made that correction
in the regulatory text section of this
final rule.
DOE is adopting the other September
2023 CCE NOPR proposed amendments
regarding appendix Y1 in this final rule
as proposed in the September 2023 CCE
NOPR.
b. Reporting Requirements for OpenPlacement Wireless Battery Chargers
Tested Under Appendix Y1
In the September 2022 Battery
Charger Final Rule, DOE expanded the
battery charger testing scope to include
testing of fixed-location wireless
chargers in all modes of operation and
testing of open-placement wireless
chargers in no-battery mode only. 87 FR
55090, 55095–55098.
Under the current appendix Y test
procedure, all modes of operation
would need to be tested for battery
chargers covered under the test
procedure scope. As such, there was no
need to differentiate the reporting
requirements for wired vs. wireless
chargers. However, under appendix Y1,
open-placement wireless chargers will
only need to be tested in the no-battery
mode of operation. Accordingly, DOE
proposed in the September 2023 CCE
NOPR to further specify that for openplacement wireless chargers, only the
no-battery mode power, Pnb, would need
to be reported. 88 FR 67458, 67473. DOE
requested comment on its proposed
reporting requirements for openplacement battery chargers tested under
appendix Y1. Id.
DOE did not receive any comments on
the proposal to further specify the
reporting requirements for openplacement wireless battery chargers
tested under appendix Y1. For the
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
reasons discussed in the preceding
paragraphs and the September 2023 CCE
NOPR, DOE is adopting the
amendments as proposed in the
September 2023 CCE NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR,
DOE proposed to align battery charger
certification reporting requirements
with the amended appendix Y test
procedural requirements, use of which
was required beginning on October 11,
2022, and the newly established
appendix Y1 test procedure, use of
which would be required at such time
as compliance is required with any
amended energy conservation standards
based on these new metrics as measured
using appendix Y1. 88 FR 67458, 67473.
For wired chargers tested under
current appendix Y, manufacturers
currently report (1) the nameplate
battery voltage of the test battery in
volts, the nameplate battery charge
capacity of the test battery in amperehours, and the nameplate battery energy
capacity of the test battery in watthours; and (2) the represented values for
the Pm, Psb, Poff, Ebatt, E24, tcd, and UEC;
and (3) the manufacturer and model of
the test battery, and the manufacturer
and model, when applicable, of the
external power supply. In the
September 2023 CCE NOPR, DOE noted
that if the proposed amendments were
adopted, when tested under appendix
Y1, instead of reporting UEC and E24
values, manufacturers would report the
active charge energy (Ea) and no-battery
mode power, Pnb. 88 FR 67458, 67474.
In the September 2023 CCE NOPR,
DOE additionally noted for fixedlocation wireless chargers tested under
appendix Y1, manufacturers would
need to report (1) the nameplate battery
voltage of the test battery in volts, the
nameplate battery charge capacity of the
test battery in ampere-hours, and the
nameplate battery energy capacity of the
test battery in watt-hours; (2) the
represented values for the Pm, Pnb, Psb,
Poff, Ebatt, Ea, and duration of the charge
and tcd; and (3) the manufacturer and
model of the test battery, and the
manufacturer and model—when
applicable—of the external power
supply, if the proposed amendments
were adopted. Id.
For open-placement wireless chargers
tested under appendix Y1, DOE noted
that manufacturers would need to report
the represented values for Pnb, and the
manufacturer and model, when
applicable, of the EPS, if the proposed
amendments were adopted. Id.
In the September 2023 CCE NOPR,
DOE tentatively determined that the
proposed amendments would not
PO 00000
Frm 00031
Fmt 4701
Sfmt 4700
82023
impose additional costs for
manufacturers because manufacturers of
battery chargers are already submitting
certification reports to DOE and the
additional information that DOE was
proposing to collect as part of this
rulemaking should be readily available
to manufacturers and would not require
additional testing. 88 FR 67458, 67474.
DOE stated that it did not believe the
revised reporting requirements would
cause any appreciable change in
reporting burden or hours as compared
to what battery charger manufacturers
are currently doing today. Id.
DOE did not receive any comments on
the certification reporting costs of the
amendments proposed for battery
chargers. In this final rule, DOE makes
a final determination that these
amendments would not cause any
measurable change in reporting burden
or hours for battery chargers.
For the reasons discussed in the prior
paragraphs, in this final rule DOE is
adopting the reporting requirements for
battery chargers as proposed in the
September 2023 CCE NOPR, other than
removing the optional active charge
energy reporting requirement when
certifying compliance according to
appendix Y. Compliance with these
amended reporting requirements is not
required until the use of appendix Y1 is
required.
I. Computer Room Air Conditioners
DOE is amending the reporting
requirements for CRACs. DOE defines
‘‘computer room air conditioner’’ as a
basic model of commercial package airconditioning and heating equipment
(packaged or split) that is: marketed for
use in computer rooms, data processing
rooms, or other information technology
cooling applications; and is not a
covered consumer product under 42
U.S.C. 6291(1)–(2) and 42 U.S.C. 6292.
A CRAC may be provided with, or have
as available options, an integrated
humidifier, temperature and/or
humidity control of the supplied air,
and reheating function. 10 CFR 431.92.
In the energy conservation standards
final rule published in the Federal
Register on June 2, 2023 (‘‘June 2023
CRACs Final Rule’’), DOE amended the
energy conservation standards for
CRACs and adopted the NSenCOP
metric. 88 FR 36392. Consistent with
the June 2023 CRACs final rule, DOE is
amending the reporting requirements for
CRACs.
1. Reporting
Under the existing reporting
requirements for CRACs in 10 CFR
429.43(b)(2)(ix), manufacturers must
report: net sensible cooling capacity in
E:\FR\FM\09OCR2.SGM
09OCR2
82024
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
Btu/h, net cooling capacity in Btu/h,
configuration (upflow/downflow),
economizer presence (or lack thereof),
condenser medium (air, water, or glycolcooled), SCOP, and rated airflow in
standard cubic feet per minute
(‘‘SCFM’’). These requirements provide
for certifying compliance with the
standards applicable to CRACs
manufactured on or after October 29,
2012, for units of capacity less than
65,000 Btu/hr, and October 29, 2013, for
the remainder of covered CRACs. 10
CFR 431.97(f)(1). DOE is updating these
requirements and aligning the reporting
requirements with the energy
conservation standards in the June 2023
CRACs final rule. DOE is also adopting
other general certification requirements
for CRACs to better ascertain applicable
standards and represented values,
including whether the basic model is
split system or single-package, unit
configuration, and refrigerant utilized.
DOE discusses these updates in the
sections as follows.
a. Revising Certification Reporting
Requirements at 10 CFR 429.43(b)(2)(ix)
When Certifying With NSenCOP
Standards
Manufacturers are currently required
to certify compliance with SCOP
standards, in addition to the other
equipment-specific reporting
requirements. In the September 2023
CCE NOPR, DOE proposed to amend the
certification requirements to allow
certifying compliance with NSenCOP
standards and related equipmentspecific reporting requirements. 88 FR
67458, 67474 (Sept. 29, 2023).
Specifically, DOE proposed to place the
existing reporting requirements for
SCOP standards in new 10 CFR
429.43(b)(2)(ix)(A), and to place the new
reporting requirements for NSenCOP
standards in new 10 CFR
429.43(b)(2)(ix)(B). Id. The NSenCOP
standard reporting requirements include
the net sensible cooling capacity in Btu/
h, the net total cooling capacity in Btu/
h, whether the basic model is split
system or single-package, the
configuration (e.g., downflow, upflow
ducted, upflow non-ducted, horizontal
flow, ceiling-mounted ducted, ceilingmounted non-ducted), fluid economizer
presence (or lack thereof), condenser
heat rejection medium (air, water, or
glycol-cooled), NSenCOP, rated airflow
in SCFM, and the refrigerant used to
determine the represented values at 10
CFR 429.43(b)(2)(ix). DOE requested
comment on these proposed
requirements. Id.
ASAP et al. stated that in the
proposed 10 CFR 429.43(ix)(B) and the
draft certification template, the listed
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
configurations of a CRAC model for
which a manufacturer would need to
certify compliance with an NSenCOP
standard do not include roof-mounted
or wall-mounted types. However, the
commenters noted that DOE included
these configurations in the test
procedure final rule for CRACs
published in the Federal Register on
April 11, 2023 (‘‘April 2023 TP Final
Rule;’’ 88 FR 21816), which also reflects
the additions in AHRI 1360–2022 (I–P),
‘‘Performance Rating of Computer and
Data Processing Room Air
Conditioners.’’ For completeness, ASAP
et al. requested DOE to include roofmounted or wall-mounted
configurations in the certification
reporting requirements and expand the
listed product codes in the product
certification template to include these
configurations. (ASAP et al., No. 14 at
p. 2)
In response, DOE would like to clarify
that while the April 2023 TP Final Rule
includes provisions for rating roofmounted and wall-mounted CRAC
configurations in terms of the NSenCOP
metric, there are currently no NSenCOP
standards for roof-mounted or wallmounted CRACs. As such, the
certification reporting requirements and
the product certification template do not
include the roof-mounted or wallmounted CRAC configurations. Should
standards in terms of NSenCOP be
adopted for roof-mounted or wallmounted CRACs, DOE will consider
adjustments to the certification
reporting requirements and product
certification template to reflect those
CRAC configurations.
AHRI commented in support of CRAC
certification reporting requirements to
make them consistent with amended
energy conservation standards
established in the June 2023 CRACs
Final Rule, noting that compliance with
the amended standards is required on
and after May 28, 2024. AHRI
commented that the final rule added 66
equipment class categories, bringing the
total number of Federally-regulated
equipment classes to 120, which, AHRI
stated, prompted DOE to propose 120
product group codes. However, AHRI
suggested that the indication of upflow
or downflow configuration for
applicable products would be better
supplied in a column, as reducing the
number of product group codes would
reduce the burden in terms of AHRI’s
programming and manufacturers’ data
entry. AHRI urged DOE to complete
finalization of this rulemaking and final
templates for issuance no later than
January 2, 2024, in order to allow for
appropriate time to comply for newly
PO 00000
Frm 00032
Fmt 4701
Sfmt 4700
scoped-in equipment classes. (AHRI,
No. 18 at pp. 7–8)
In response to AHRI’s
recommendation that the indication of
upflow or downflow configurations be
supplied in a column when dealing
with product group codes for CRACs,
DOE notes that upflow and downflow
equipment are distinctly separated with
different applicable energy conservation
standards. DOE typically assigns
different product group codes to classes
of products or equipment with different
energy conservation standards and,
therefore, considers it appropriate that
the upflow and downflow
configurations be represented by
different product group codes. As such,
DOE has determined to maintain upflow
and downflow configurations of CRACs
under different product codes.
AHRI expressed support for DOE’s
proposal to require the reporting of net
sensible cooling capacity in Btu/h; net
total cooling capacity in Btu/h; whether
the basic model is split system or singlepackage; the configuration (e.g.,
downflow, upflow ducted, upflow nonducted, horizontal flow, ceilingmounted ducted, ceiling-mounted nonducted); fluid economizer presence (or
lack thereof); condenser heat rejection
medium (air, water, or glycol-cooled);
NSenCOP; rated airflow in SCFM; and
the refrigerant used to determine the
represented values. (AHRI, No. 18 at p.
8)
ASAP et al. commented by providing
the following suggested editorial change
to the regulatory text proposed in the
September 2023 CCE NOPR at 10 CFR
429.43(b)(2)(ix)(B): replacing the term
‘‘glycol-cooled’’ with ‘‘glycol solution.’’
(ASAP et al., No. 14 at p. 5)
In response, DOE notes that the use of
‘‘glycol-cooled’’ to describe cooling
mediums is consistent with the
regulatory text used in the energy
conservation standards specified in 10
CFR 431.97(e), which mirrors the
terminology used in ASHRAE Standard
90.1–2022.23 To maintain consistent
terminology, DOE has determined not to
change the terminology used at 10 CFR
429.43(b)(2)(ix)(B).
Based upon stakeholder support, as
well as the reasons discussed in the
preceding paragraphs, DOE is adopting
the provisions for CRAC certification
reporting requirements for NSenCOP
standards as proposed in the September
2023 CCE NOPR.
23 Energy Standard for Sites and Buildings Except
Low-Rise Residential Buildings, ASHRAE Standard
90.1–2022.
E:\FR\FM\09OCR2.SGM
09OCR2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
b. Adding Supplemental Testing
Instructions for CRACs at 10 CFR
429.43(b)(4)(viii)
Currently, manufacturers must submit
supplemental information regarding
additional testing instructions, if
applicable, and specify which special
features, if any, were included in rating
the basic model. 10 CFR
429.43(b)(4)(viii). The supplemental
information submitted in PDF format
allows for third-party testing of
equipment. For CRACs, there are
currently no specific requirements for
the supplemental PDF. For SCOP
certification, in the September 2023 CCE
NOPR, DOE proposed to maintain the
current requirements of 10 CFR
429.43(b)(4)(viii), but move them to 10
CFR 429.43(b)(4)(viii)(A). 88 FR 67458,
67474. For NSenCOP certification, DOE
proposed to specify the information
required in supplemental testing
instructions that would enable
independent testing of the relevant
equipment and to align with the
corresponding requirements for CUACs,
where appropriate. Id. This includes,
but is not limited to, supplementary
information about compressor break-in
period duration, control set points,
optional motor/drive kits and associated
settings, and any other additional
testing instructions. DOE proposed to
add these new provisions when
certifying to NSenCOP in 10 CFR
429.43(b)(4)(viii)(B). Id.
In the September 2023 CCE NOPR,
DOE noted that the proposed
certification requirements provide
further direction to the existing
requirements and would not result in
significant additional burden for
manufacturers. DOE observed that
where it identifies specific test-related
information, the relevant information is
already collected by or available to the
manufacturer, and as such, reporting
that information to DOE would result in
minimal additional burden. DOE
requested comments on its proposal. Id.
AHRI supported DOE’s proposed
supplemental testing instructions
requirements for CRACs when certifying
compliance with NSenCOP standards.
(AHRI, No. 18 at p. 8)
For the reasons discussed in the
preceding paragraphs and the
September 2023 CCE NOPR, DOE is
adopting the amendments related to the
supplemental testing instructions for
CRACs as proposed in the September
2023 CCE NOPR.
c. Certification of Model Numbers for
Split Systems
DOE’s current certification reporting
requirements for CRACs at 10 CFR
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
429.43(b)(2)(ix) do not specify the
model numbers that the manufacturer
must certify. Specifically, for split
systems, the current regulations do not
explicitly require certification of both
the outdoor and indoor unit model
numbers. Therefore, in the September
2023 CCE NOPR, DOE proposed at 10
CFR 429.43(b)(6) to clarify that the
manufacturer must certify individual
model numbers for both the indoor unit
and the outdoor unit. 88 FR 67458,
67475. DOE requested comment on this
proposed requirement. Id.
AHRI commented that it did not
object to DOE’s proposal to require the
reporting of both indoor unit and
outdoor unit individual model numbers
for split-system CRACs, because while
not explicitly stated in the regulation,
AHRI certification for CRACs is for
matched split systems. (AHRI, No. 18 at
p. 8; AHRI, Public Meeting, No. 6 at pp.
23–24) During the NOPR public
meeting, AHRI sought additional
information about how individual
condensing units for such products may
be distributed in the market. AHRI
noted that for residential CAC/HPs,
there are specific provisions for outdoor
units with no match, but it does not
seem that there would be a similar
testing requirement for CRACs. (AHRI,
Public Meeting Transcript, No. 6 at pp.
23–24)
In response, DOE notes that the
Federal test procedure for CRACs does
not include any test provisions specific
to outdoor units with no match. As
such, DOE is not adopting any CRAC
certification provisions specific to
outdoor units with no match.
For the reasons discussed, DOE is
adopting the amendments to splitsystem model number reporting
requirements as proposed in the
September 2023 CCE NOPR.
d. AEDM Tolerance for NSenCOP
DOE’s existing testing regulations
allow the use of an AEDM in lieu of
testing to simulate the efficiency of
CRACs. 10 CFR 429.43(a). For models
certified with an AEDM, results from
DOE verification tests are subject to
certain tolerances when compared to
certified ratings. Currently, DOE
specifies a 5-percent tolerance for CRAC
verification tests for SCOP, identical to
the current tolerance specified for
single-point metrics (i.e., EER and COP)
for other categories of commercial air
conditioners and heat pumps. See table
2 to paragraph (c)(5)(vi)(B) at 10 CFR
429.70. In alignment with the tolerance
specified for SCOP, DOE proposed to
specify a tolerance of 5 percent for
CRAC verification tests for NSenCOP in
the September 2023 CCE NOPR. 88 FR
PO 00000
Frm 00033
Fmt 4701
Sfmt 4700
82025
67458, 67475. DOE requested comment
on the proposed AEDM tolerance. Id.
During the NOPR public meeting,
AHRI asked whether the tolerance of 5
percent added to the AEDM was
consistent with other commercial
products. (AHRI, Public Meeting
Transcript, No. 6 at p. 26) DOE clarified
that the AEDM tolerance for CRACs of
5 percent is consistent with other
commercial products. (DOE, Public
Meeting Transcript, No. 6 at p. 26)
Subsequently, AHRI commented that it
does not have any objection to DOE’s
proposal to specify a tolerance of 5
percent for CRAC verification tests for
NSenCOP. (AHRI, No. 18 at p. 8)
For the reasons discussed, DOE is
adopting the 5-percent tolerance to the
AEDM for CRACs as proposed in the
September 2023 CCE NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR,
DOE proposed to align CRAC
certification reporting requirements
with the amended energy conservation
standards in the June 2023 CRACs Final
Rule. 88 FR 67458, 67475.
In the September 2023 CCE NOPR,
DOE tentatively determined that the
proposed amendments would not
impose additional costs for
manufacturers because manufacturers of
CRACs are already submitting
certification reports to DOE and should
have readily available the information
that DOE was proposing to collect as
part of this rulemaking. Id. DOE stated
that it did not believe the revised
reporting requirements would cause any
appreciable change in reporting burden
or hours as compared to what CRACs
manufacturers are currently doing, and
the Department requested comment on
this tentative conclusion. Id.
AHRI commented that DOE has
understated its estimate of certification
reporting costs for the proposed CRAC
amendments. On this point, the
commenter argued that the scope of
regulated equipment more than doubled
with amended energy conservation
standards established in the June 2023
CRACs Final Rule. Thus, AHRI stated
that even with the proposed adoption of
AEDMs, which AHRI supports, there is
a substantial increase in burden that
should be acknowledged. (AHRI, No. 18
at p. 8)
In response, DOE notes that AHRI did
not provide any data or detailed
explanation to support their claim of
increased costs to manufacturers related
to reporting. DOE estimated the burden
associated with implementing amended
energy conservation standards in the
June 2023 CRACs Final Rule. As such,
in this rulemaking, DOE is estimating
E:\FR\FM\09OCR2.SGM
09OCR2
82026
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
the burden associated only with
certifying compliance to the amended
standards. Because manufacturers are
already required to submit certification
reports pertaining to CRACs, DOE does
not expect any additional burden to
certify compliance with the amended
reporting requirements, even with
expanded coverage of CRACs. Based on
the preceding rationale and the
discussion in the September 2023 CCE
NOPR, DOE makes a final determination
that these amendments would not cause
any measurable change in reporting
burden or hours as compared to what
CRACs manufacturers are currently
doing today.
For the reasons discussed in the
preceding paragraphs, in this final rule,
DOE is adopting the reporting
requirements for CRACs as proposed in
the September 2023 CCE NOPR.
Compliance with these amended
reporting requirements is required 210
days after publication of this final rule.
khammond on DSKJM1Z7X2PROD with RULES2
J. Direct Expansion-Dedicated Outdoor
Air Systems
DOE is establishing reporting
requirements for DX–DOASes. DOE
defines ‘‘direct expansion-dedicated
outdoor air system’’ as a basic model of
commercial package air-conditioning
and heating equipment (packaged or
split) that is a unitary dedicated outdoor
air system 24 that is capable of
dehumidifying air to a 55 °F dew
point—when operating under Standard
Rating Condition A as specified in Table
4 or Table 5 of AHRI 920 (I–P)–2020,
‘‘2020 Standard for Performance Rating
of DX-Dedicated Outdoor Air System
Units, with Addendum 1’’ (‘‘AHRI 920–
2020’’) with a barometric pressure of
29.92 in Hg—for any part of the range
of airflow rates advertised in
manufacturer materials, and has a
moisture removal capacity of less than
324 pounds per hour (‘‘lb/h’’). 10 CFR
431.92. In a final rule published in the
Federal Register on November 1, 2022
(‘‘November 2022 DX–DOAS Final
Rule’’), DOE adopted energy
conservation standards for DX–DOASes.
87 FR 65651. Consistent with that final
rule, DOE is establishing reporting
requirements for DX–DOASes.
1. Reporting
Prior to the adoption of energy
conservation standards in the November
24 DOE defines ‘‘unitary dedicated outdoor air
system’’ as a category of small, large, or very large
commercial package air-conditioning and heating
equipment that is capable of providing ventilation
and conditioning of 100-percent outdoor air and is
marketed in materials (including but not limited to,
specification sheets, insert sheets, and online
materials) as having such capability.
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
2022 DX–DOAS Final Rule, there were
no energy conservation standards for
DX–DOASes in 10 CFR 431.97, nor were
there reporting requirements for this
equipment in 10 CFR 429.43.25 Because
DOE has now adopted energy
conservation standards for DX–DOASes,
DOE is establishing reporting
requirements in alignment with the
standards adopted in the November
2022 DX–DOAS Final Rule. DOE
discusses these reporting requirements
in the following sections.
a. Addition of Certification
Requirements To Include the New
Metrics ISMRE2 and ISCOP2
In the September 2023 NOPR, DOE
proposed certification requirements for
certifying compliance with the new
energy conservation standards for DX–
DOAS, expressed in terms of integrated
seasonal moisture removal efficiency 2
(‘‘ISMRE2’’) and integrated seasonal
coefficient of performance 2
(‘‘ISCOP2’’), as adopted in the
November 2022 DX–DOAS Final Rule.
88 FR 67458, 67475. Specifically, DOE
proposed to add a new section 10 CFR
429.43(b)(2)(xi)(A) and to require the
following when certifying compliance
with an ISMRE2 standard: the ISMRE2
in lb/kWh, the rated moisture removal
capacity at Standard Rating Condition A
according to AHRI 920–2020 (MRC in
lb/h), and the rated supply airflow rate
for 100 percent outdoor air applications
(QSA in standard cubic feet per minute).
Id. DOE noted that the moisture removal
capacity is used for certifying
compliance and the rated supply airflow
rate must be specified to determine how
to test a basic model according to the
DOE test procedure at appendix B to
subpart F of 10 CFR part 431. Id.
Additionally, DOE proposed to
require the following at 10 CFR
429.43(b)(2)(xi)(B) when certifying
compliance with an ISCOP2 standard in
addition to an ISMRE2 standard: 26 the
ISCOP2 in watts of heating per watts of
power input (‘‘W/W’’). Id.
DOE also proposed at 10 CFR
429.43(b)(2)(xi)(C) to require the
configuration of the basic model number
25 In the November 2022 DX–DOAS Final Rule,
DOE adopted a requirement in 10 CFR
429.43(a)(3)(i) that the represented value of
moisture removal capacity (‘‘MRC’’) be either
between 95 and 100 percent of the mean of the
measured capacities of the units in the selected
sample rounded to the nearest lb/hr multiple using
the same values as in Table 3 of AHRI 920–2020
or the MRC output simulated by an AEDM rounded
to the nearest lb/hr multiple using the same values
as in Table 3 of AHRI 920–2020. 87 FR 65651,
65658, 65667 (Nov. 1, 2022).
26 Certification and compliance with both the
applicable ISCOP2 and ISMRE2 standards are
required for the air-source heat pump and watersource heat pump DX–DOAS equipment classes.
PO 00000
Frm 00034
Fmt 4701
Sfmt 4700
(i.e., ‘‘single-package’’ or ‘‘split system’’)
to be reported. Id.
DOE proposed to include these
certification provisions for DX–DOASes
in 10 CFR 429.43(b), consistent with
other commercial HVAC equipment. As
a result, DOE noted in the September
2023 CCE NOPR that the general
requirements applicable to certification
reports outlined in 10 CFR 429.12
would apply to DX–DOASes, as
currently outlined in the existing
reporting requirements for commercial
HVAC equipment at 10 CFR
429.43(b)(1). Id.
DOE sought comment on requiring the
reporting of ISMRE2 and ISCOP2 to
certify compliance with the standards
applicable to DX–DOASes
manufactured on or after May 1, 2024.
88 FR 67458, 67476. DOE also sought
comment on reporting rated moisture
removal capacity and rated supply
airflow rate. Id. at 88 FR 67476.
AHRI supported the reporting of
ISMRE2 and ISCOP2 to certify
compliance with the energy
conservation standards applicable to
DX–DOASes, but requested DOE
consider exercising its enforcement
discretion to delay until January 1, 2025
enforcement for R–410A models
manufactured on or after May 1, 2024.
AHRI explained that the U.S.
Environmental Protection Agency’s
(‘‘EPA’s’’) Technology Transitions rule
prohibiting the manufacture, import, or
installation of residential and light
CAC/HPs (including DX–DOASes) using
refrigerant with GWPs of ≥700 on or
after January 1, 2025 means that AHRI
does not expect any R–410A packaged
equipment to be installed after that date.
AHRI commented that DX–DOAS are
tested in the same chambers as HVAC
equipment that is undergoing necessary
testing with new low-GWP refrigerants,
and occupying test chambers with R–
410A equipment that will only be sold
for a few months is burdensome and
unnecessary. AHRI added that any lowGWP DX–DOAS equipment
manufactured and offered for sale after
May 1, 2024 should be listed on time.
AHRI pointed out that third-party test
laboratories have been significantly
delayed making necessary upgrades that
allow for testing of DX–DOAS over 10
tons with energy recovery ventilators
using ‘‘Option 1,’’ or direct testing as
steam generators are required in the
psychrometric chambers to test the DX–
DOAS’s moisture removal capability.
AHRI commented it has been assured
that the upgrades to the larger test
chamber (that can accommodate units
over 10 tons) will be made by the end
of 2023; however, this upgrade was
originally slated for the beginning of
E:\FR\FM\09OCR2.SGM
09OCR2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
2023. AHRI commented that prioritizing
the low-GWP DX–DOAS equipment
testing would be the best use of limited
testing resources. AHRI added that it
supports DOE’s proposals regarding
reporting rated moisture removal
capacity and rated supply airflow rate.
(AHRI, No. 18 at pp. 8–9)
In response, the Department notes
that DOE’s testing regulations allow the
use of an AEDM, in lieu of testing, to
simulate the efficiency of DX–DOASes.
10 CFR 429.43(a). As a result, DOE notes
that manufacturers may use AEDMs that
are refrigerant agnostic to certify
equipment to alleviate testing burdens.
For these reasons, DOE is declining to
delay enforcement of standards
applicable to DX–DOASes for models
that use R–410A until January 1, 2025,
as requested by AHRI.
ASAP et al. commented by providing
the following suggested editorial change
to the regulatory text proposed in the
September 2023 CCE NOPR at 10 CFR
429.43(b)(2)(xi)(A): removing the word
‘‘rate’’ from ‘‘the rated supply airflow
rate for 100% outdoor air applications.’’
(ASAP et al., No. 14 at p. 4)
DOE notes that the terminology
‘‘airflow rate’’ is used throughout AHRI
920–2020,27 which is the industry test
standard adopted by reference in the
DOE test procedure for DX–DOASes. As
a result, to prevent confusion and to
maintain consistency with the
prevailing industry test standard, DOE
is maintaining this language as
proposed.
Accordingly, for the reasons
discussed in the preceding paragraphs
and the September 2023 CCE NOPR,
DOE is adopting reporting requirements,
as proposed in the September 2023 CCE
NOPR, for certifying compliance with
the new energy conservation standards
for DX–DOASes.
b. Reporting Requirements for DX–
DOASes With Ventilation Energy
Recovery Systems
In the November 2022 DX–DOAS
Final Rule, DOE adopted productspecific enforcement provisions for DX–
DOASes in 10 CFR 429.134(s) in
addition to the revised energy
conservation standards. These
enforcement provisions specify how
DOE would determine the ISMRE2 and
ISCOP2 values when conducting
enforcement testing for DX–DOASes
with Ventilation Energy Recovery
Systems (‘‘VERS’’). As outlined in 10
CFR 429.134(s)(2)–(3), these provisions
rely on values of VERS performance
27 AHRI 920 (I–P) and 921 (SI): Performance
Rating of Direct Expansion-Dedicated Outdoor Air
System Units.
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
certified to DOE as the basis for
determining the ISMRE2 and/or ISCOP2
of the basic model being tested in some
scenarios.
To inform DOE’s enforcement testing,
in the September 2023 CCE NOPR, DOE
proposed additional non-public
certification reporting requirements for
DX–DOASes with VERS in new
subparagraph 10 CFR 429.43(b)(3)(iii).
88 FR 67458, 67476. In the September
2023 CCE NOPR, DOE noted that these
reporting requirements would include
the method of determination of the
exhaust air transfer ratio (‘‘EATR’’),
sensible effectiveness, latent
effectiveness of the ventilation energy
recovery system (name and version of
certified performance modeling software
or if the device was directly tested), the
test method (i.e., Option 1 or Option 2)
for units rated based on testing, and
motor control settings (including
rotational speed) for energy recovery
wheels—all of which would be used by
DOE to determine ISMRE2 and/or
ISCOP2 for enforcement testing and
would be considered non-public
information if adopted. DOE requested
comment on its proposal to include
reporting requirements for DX–DOASes
with VERS. Id.
AHRI commented that it does not
object to DOE’s proposal to include
reporting requirements for DX–DOASes
with ventilation energy recovery
systems. (AHRI, No. 18 at p. 9)
ASAP et al. commented by providing
the following suggested editorial change
to the regulatory text proposed in the
September 2023 CCE NOPR at 10 CFR
429.43(b)(2)(xi)(C)(3): moving the text
‘‘(name and version of certified
performance modeling software or if the
device was directly tested)’’ after the
word ‘‘EATR,’’ which would, therefore,
not include the sensible and latent
effectiveness of the ventilation energy
recovery system within the ambit of that
parenthetical. (ASAP et al., No. 14 at pp.
4–5)
In response, DOE notes that EATR,
sensible effectiveness, and latent
effectiveness values are all determined
through either a certified performance
modeling software or through direct
testing. DOE maintains that it would be
appropriate to obtain the requested
information for all three of these
parameters, because verification and
enforcement testing for DX–DOAS with
VERS would otherwise require both
verification of the VERS performance
and testing of the DX–DOAS model
utilizing the VERS, which would add
significant burden to DOE testing that is
inconsistent with manufacturer testing,
and which is expected for nearly all
models to be based on calculation of
PO 00000
Frm 00035
Fmt 4701
Sfmt 4700
82027
these values rather than separate testing
of VERS. As a result, DOE is not
changing the regulatory text as
suggested by ASAP et al.
Accordingly, for the reasons
discussed in the preceding paragraphs
and the September 2023 CCE NOPR,
DOE is adopting the reporting
requirements for DX–DOASes with
VERS as proposed in the September
2023 CCE NOPR.
c. Supplemental Testing Instructions
Currently, manufacturers of other
covered commercial HVAC equipment
types must submit in PDF format
supplemental information regarding
additional testing instructions, if
applicable, and they must also specify
which, if any, special features were
included in rating the basic model. 10
CFR 429.43(b)(4). The supplemental
information submitted in PDF format
allows for third-party testing of
equipment. Consistent with other
commercial HVAC equipment types, in
the September 2023 CCE NOPR, DOE
proposed to specify information
required in supplemental testing
instructions submitted in PDF format for
DX–DOASes to enable independent
testing of the relevant equipment and to
align with the corresponding
requirements for CUACs, where
appropriate. 88 FR 67458, 67476.
Specifically, for all DX–DOASes, DOE
proposed at 10 CFR 429.43(b)(4)(x)(A)
the following content requirements for
the supplemental instructions PDF
attachment: water flow rate in gallons
per minute (‘‘gpm’’) for water-cooled
and water-source units, rated external
static pressure (‘‘ESP’’) in inches of
water column for the supply air stream,
frequency or control set points for
variable speed components (e.g.,
compressors, Variable Frequency Drives
(‘‘VFDs’’)), required dip switch/control
settings for step or variable components
(e.g., reheat or head pressure control
valves), a statement as to whether the
model will operate at test conditions
without manufacturer programming,
and any additional testing instructions
specified in appendix B to subpart F of
part 431, if applicable (e.g., supply air
dry-bulb temperatures for ISMRE2 tests,
equipment settings for airflow,
installation priority for split-system
units, defrost control settings for airsource heat pump units, compressor
break-in period, or condenser head
pressure controls). Id. Additionally, if a
variety of motors/drive kits are offered
for sale as options in the basic model to
account for varying installation
requirements, DOE proposed that the
supplemental file also include the
model number, the specifications of the
E:\FR\FM\09OCR2.SGM
09OCR2
82028
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
motor (including efficiency,
horsepower, open/closed, and number
of poles) and the drive kit (including
settings) associated with that specific
motor that were used to determine the
certified rating. Id.
For DX–DOASes with VERS, DOE
proposed at 10 CFR 429.43(b)(4)(x)(B)
the following additional content
requirements for the supplemental
instruction PDF attachment: rated ESP
in inches of water column for the return
air stream, exhaust air transfer ratio at
the rated supply airflow rate and a
neutral pressure difference between
return and supply airflow (EATR as a
percent value), sensible and latent
effectiveness of the ventilation energy
recovery system at 75 percent of the
nominal supply airflow and zero
pressure differential in accordance with
the DOE test procedure in appendix B
to subpart F of part 431 of this chapter,
sensible and latent effectiveness of the
ventilation energy recovery system at
100 percent of the nominal supply
airflow and zero pressure differential in
accordance with the DOE test procedure
in appendix B to subpart F of part 431
of this chapter, and any additional
testing instructions, if applicable (e.g.,
deactivation of VERS or VERS bypass in
accordance with appendix B to subpart
F or part 431 of this chapter). Id.
DOE requested comment on its
proposal to require supplemental testing
instruction file contents for DX–
DOASes. Id.
AHRI commented that DOE’s proposal
to require supplemental testing
instruction file contents for DX–DOASes
is reasonable. (AHRI, No. 18 at p. 9)
Accordingly, for the reasons
discussed, DOE is adopting the
supplemental testing instruction file
contents for DX–DOASes as proposed in
the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR,
DOE noted that the addition of reporting
requirements for DX–DOASes would
newly require manufacturers to report
this information. 88 FR 67458, 67476.
DOE discussed the reporting cost
impacts corresponding to the proposal
in the September 2023 CCE NOPR in
section IV.C of that document. Id. at 88
FR 67494–67495.
AHRI commented that, as with
CRACs, DOE’s estimation of the burden
of new reporting requirements for DX–
DOASes, while necessary, is
understated. (AHRI, No. 18 at p. 9)
In response, DOE notes that its
estimated burden of new reporting
requirements for DX–DOASes pertains
only to completing and submitting the
certification reports. The burden
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
associated with implementing new
standards was considered in the
November 2022 DX–DOAS Final Rule.
In the absence of additional data or
information from AHRI regarding cost or
time estimates pertaining to complying
with the certification requirements for
DX–DOASes, DOE has maintained its
methodology to estimate the burden
from the September 2023 CCE NOPR,
while updating costs to reflect current
values.
Costs associated with the new
reporting requirements for DX–DOASes
are discussed in section IV.C of this
document. Compliance with these
reporting requirements is required 210
days after publication of this final rule.
K. Air-Cooled, Three-Phase, Small
Commercial Package Air Conditioners
and Heat Pumps With a Cooling
Capacity of Less Than 65,000 Btu/h and
Air-Cooled, Three-Phase, Variable
Refrigerant Flow Air Conditioners and
Heat Pumps With a Cooling Capacity of
Less Than 65,000 Btu/h
DOE is amending the reporting
requirements for three-phase, less than
65,000 Btu/h ACUACs and ACUHPs and
three-phase, less than 65,000 Btu/h
VRF. Three-phase, less than 65,000 Btu/
h ACUACs and ACUHPs and threephase, less than 65,000 Btu/h VRF are
both categories of small commercial
package air conditioning and heating
equipment. Commercial package airconditioning and heating equipment
may be air cooled, water cooled,
evaporatively cooled, or water source
based (not including ground water
source). This equipment is electrically
operated and designed as unitary central
air conditioners or central air
conditioning heat pumps for use in
commercial applications. 10 CFR
431.92.
In a final rule published on June 2,
2023 (‘‘June 2023 3-Phase Final Rule’’),
DOE amended energy conservation
standards for three-phase, less than
65,000 Btu/h ACUACs and ACUHPs and
three-phase, less than 65,000 Btu/h VRF
to be in terms of the new cooling and
heating metrics, SEER2 and HSPF2,
respectively, as determined by using the
new test procedure at appendix F1 to
subpart F of 10 CFR part 431. 88 FR
36368. Consistent with that final rule,
DOE is amending the reporting
requirements for three-phase, less than
65,000 Btu/h ACUACs and ACUHPs and
three-phase, less than 65,000 Btu/h
VRF.
1. Reporting
Under the existing requirements in 10
CFR 429.67(f)(2)(i) and (ii) for threephase, less than 65,000 Btu/h ACUACs
PO 00000
Frm 00036
Fmt 4701
Sfmt 4700
and ACUHPs, manufacturers must
report the seasonal energy efficiency
ratio (‘‘SEER’’) in British thermal units
per Watt-hour (‘‘Btu/Wh’’), the rated
cooling capacity in Btu/h, and (for heat
pumps) the heating seasonal
performance factor (‘‘HSPF’’) in Btu/
Wh.
Under the existing requirements in 10
CFR 429.67(f)(2)(iii) and (iv) for threephase, less than 65,000 Btu/h VRF,
manufacturers must report the SEER in
Btu/Wh, rated cooling capacity in Btu/
h, and (for heat pumps) the HSPF in
Btu/Wh.
These requirements provide for
certifying compliance with the
standards applicable to three-phase, less
than 65,000 Btu/h ACUACs and
ACUHPs manufactured on or after
January 1, 2017, and the standards
applicable to three-phase, less than
65,000 Btu/h VRF manufactured on or
after June 16, 2008. 88 FR 36368, 36389.
DOE is updating these reporting
requirements to align with the amended
standards adopted by the June 2023 3Phase Final Rule that apply to threephase, less than 65,000 Btu/h ACUACs
and ACUHPs and three-phase, less than
65,000 Btu/h VRF manufactured on or
after January 1, 2025. See id.
Additionally, DOE is specifying general
certification requirements for threephase, less than 65,000 Btu/h ACUACs
and ACUHPs and three-phase, less than
65,000 Btu/h VRF. DOE discusses these
updates in the sections as follows.
a. Updating the Certification
Requirements To Include the New
Metrics, SEER2 and HSPF2
In the June 2023 3-Phase Final Rule,
DOE amended energy conservation
standards for three-phase, less than
65,000 Btu/h ACUACs and ACUHPs and
three-phase, less than 65,000 Btu/h VRF
to be in terms of the new cooling and
heating metrics, SEER2 and HSPF2. Id.
Accordingly, in the September 2023
CCE NOPR, DOE proposed to update the
certification requirements at 10 CFR
429.67(f)(2) to include ratings in terms
of SEER2 and HSPF2, which would
become the required reporting metrics
upon the compliance date of the
amended standards. 88 FR 67458,
67477. Manufacturers may use appendix
F1 to certify compliance with the
amended standards based on SEER2 and
HSPF2 prior to the applicable
compliance date for the amended energy
conservation standards. DOE requested
comment on its proposal to require the
reporting of new metrics, such as SEER2
and HSPF2. Id.
AHRI and Carrier supported DOE’s
proposal to require the reporting of new
metrics, such as SEER2 and HSPF2.
E:\FR\FM\09OCR2.SGM
09OCR2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
(AHRI, No. 18 at p. 9; Carrier, No. 12 at
p. 3)
ASAP et al. commented providing the
following editorial correction to the
regulatory text proposed in the
September 2023 CCE NOPR at 10 CFR
429.67(f)(3)(i): replacing the text ‘‘rated
static pressure in inches of water’’ with
‘‘rated external static pressure in inches
of water.’’ (ASAP et al., No. 14 at p. 5)
DOE agrees that replacing the text
‘‘rated static pressure’’ with ‘‘rated
external static pressure’’ is a helpful
clarification and better represents the
intent of the proposal in the September
2023 CCE NOPR. DOE has also
determined that this clarification is
82029
number(s) required to be reported under
10 CFR 429.12(b)(6). 88 FR 67458,
67477. DOE noted in the September
2023 CCE NOPR that this proposal is
consistent with the requirement for
single-phase products and represents
readily available information to the
manufacturer regarding the
requirements for three-phase
equipment. Id. DOE requested comment
on the proposed model number
reporting requirements. Id.
Specifically, DOE noted that it would
require in new subparagraph 10 CFR
429.67(f)(4) that the basic model number
and individual model number(s)
reported under 10 CFR 429.12(b)(6)
consist of the following:
appropriate in one instance at 10 CFR
429.67(f)(3)(ii) as well.
For the reasons discussed in the
preceding paragraphs and the
September 2023 CCE NOPR, in this final
rule, DOE is adopting these updates as
proposed in the September 2023 CCE
NOPR with the additional clarification
as recommended by commenters.
b. Aligning Basic Model Number and
Individual Model Number(s) Reporting
Requirements With Single-Phase
Products
In the September 2023 CCE NOPR,
DOE proposed to include additional
instructions regarding the basic model
number and individual model
Individual model number(s)
Equipment type
Basic model number
2
3
Single-Package (including
Space-Constrained).
Single-Split System (including
Space-Constrained and
SDHV).
Number unique to the basic
model.
Number unique to the basic
model.
Package .........
N/A .........................................
N/A.
Outdoor Unit ..
Indoor Unit .............................
Multi-Split, Multi-Circuit, and
Multi-Head Mini-Split System (including Space-Constrained and SDHV).
Number unique to the basic
model.
Outdoor Unit ..
When certifying a basic model
based on tested combination(s): * * *.
If applicable—Air Mover
(could be same as indoor
unit if fan is part of indoor
unit model number).
If applicable—When certifying
a basic model based on
tested combination(s):
* * *.
When certifying an individual
combination: Each air movers paired with the outdoor
unit.
N/A.
Outdoor Unit with No Match ..
Number unique to the basic
model.
DOE did not receive any comments on
its proposal to include additional
instructions regarding the basic model
number and individual model
number(s) required to be reported under
10 CFR 429.12(b)(6) in response to the
September 2023 CCE NOPR. For the
reasons discussed, in this final rule,
DOE is adopting these requirements as
proposed in the September 2023 CCE
NOPR.
c. Outdoor Units With No Match
khammond on DSKJM1Z7X2PROD with RULES2
1
In the September 2023 CCE NOPR, for
three-phase, less than 65,000 Btu/h
ACUACs and ACUHPs with outdoor
units having no matching indoor
component, DOE proposed requiring
that supplemental testing instructions
also include any additional testing and
testing set up instructions necessary to
operate the basic model under the
required conditions specified by the test
procedure in addition to any
supplemental testing instructions used
to satisfy the existing requirement in 10
CFR 429.67(f)(3). Id. Specifically, DOE
proposed that manufacturers must
provide information regarding the
VerDate Sep<11>2014
18:19 Oct 08, 2024
Jkt 265001
Outdoor Unit ..
When certifying an individual
combination: Each indoor
units paired with the outdoor unit.
N/A .........................................
following characteristics of the indoor
coil: the face area, the coil depth in the
direction of airflow, the fin density (fins
per inch), the fin material, the fin style,
the tube diameter, the tube material, and
the numbers of tubes high and deep. Id.
DOE noted that this proposed
requirement would be consistent with
the 10 CFR 429.16 requirement for
single-phase products, as well as with
the test requirements in ASHRAE 90.1–
2019, which, in turn, references ANSI/
AHRI 210/240, ‘‘2023 Standard for
Performance Rating of Unitary Airconditioning & Air-source Heat Pump
Equipment’’ (‘‘ANSI/AHRI 210/
240’’).28 Id. Therefore, DOE surmised
that this information should be readily
available to manufacturers and would
not add manufacturer burden. Id. DOE
requested comment on the proposed
requirements for outdoor units with no
match. Id.
DOE did not receive any comments on
its proposal to include supplemental
testing and testing setup instructions
28 2023 Standard for Performance Rating of
Unitary Air-conditioning & Air-source Heat Pump
Equipment (‘‘AHRI 210/240–2023’’)
PO 00000
Frm 00037
Fmt 4701
Sfmt 4700
necessary to operate the basic model
under the required conditions specified
by the test procedure. For the reasons
discussed in the preceding paragraphs
and the September 2023 CCE NOPR, in
this final rule, DOE is adopting these
requirements as proposed in the
September 2023 CCE NOPR.
d. Sampling Corrections
Currently, DOE’s sampling provisions
for three-phase, less than 65,000 Btu/h
ACUACs and ACUHPs and three-phase,
less than 65,000 Btu/h VRF state that
any represented value of cooling
capacity and heating capacity must each
be a self-declared value that is less than
or equal to the lower of the mean of the
sample, or the lower 90 percent
confidence limit of the true mean
(‘‘LCL’’) divided by 0.95. 10 CFR
429.67(c)(2)(ii)(A)(2). The sampling
provisions also state that the LCL
should be calculated using the Student’s
t-Distribution Values for a 90 percent
one-tailed confidence interval with n-1
degrees of freedom from appendix D to
subpart B of part 429, where ‘‘n’’ is the
number of samples. Id. However, the
E:\FR\FM\09OCR2.SGM
09OCR2
82030
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
appendix containing Student’s tDistribution Values has moved to
appendix A to subpart B of part 429. To
correct this discrepancy, in the
September 2023 CCE NOPR, DOE
proposed to revise 10 CFR
429.67(c)(2)(ii)(A)(2) to specify that the
LCL should be calculated using the
Student’s t-Distribution Values for a 90
percent one-tailed confidence interval
outlined in appendix A and requested
comment on its proposal. Id. at 88 FR
67477–67478. DOE requested comment
on the proposed sampling corrections.
Id.
AHRI and Carrier supported DOE’s
proposal to correct the sampling
provisions for three-phase, less than
65,000 Btu/h ACUACs and ACUHPs and
three-phase, less than 65,000 Btu/h VRF
to reference appendix A. (AHRI, No. 18
at p. 9; Carrier, No. 12 at p. 3)
For the reasons discussed, in this final
rule, DOE is amending this requirement
as proposed in the September 2023 CCE
NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR,
DOE proposed to align the three-phase,
less than 65,000 Btu/h ACUACs and
ACUHPs and three-phase, less than
65,000 Btu/h VRF certification reporting
requirements with the amended
standards adopted by the June 2023 3Phase Final Rule that apply to products
manufactured on or after January 1,
2025. 88 FR 67458, 67478.
DOE proposed that for three-phase,
less than 65,000 Btu/h ACUACs and
three-phase, less than 65,000 Btu/h VRF
air conditioners, while manufacturers
currently report SEER in Btu/Wh and
rated cooling capacity in Btu/h,
manufacturers would report SEER2 in
Btu/Wh in lieu of SEER under the
amended standards. Id. DOE proposed
for three-phase, less than 65,000 Btu/h
ACUHPs and three-phase, less than
65,000 Btu/h VRF heat pumps, while
manufacturers currently report SEER in
Btu/Wh, HSPF in Btu/Wh, and rated
cooling capacity in Btu/h,
manufacturers would be required to
report SEER2 in Btu/Wh and HSPF2 in
Btu/Wh in lieu of SEER and HSPF. Id.
In the September 2023 CCE NOPR,
DOE tentatively determined that these
proposed amendments would not
impose additional costs for
manufacturers because manufacturers of
three-phase, less than 65,000 Btu/h
ACUACs and ACUHPs and three-phase,
less than 65,000 Btu/h VRF are already
submitting certification reports to DOE
and should have readily available the
information that DOE is proposing to
collect as part of the proposed
rulemaking. DOE stated that it did not
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
believe the revised reporting
requirements would cause any
appreciable change in reporting burden
or hours as compared to what threephase, less than 65,000 Btu/h ACUACs
and ACUHPs and three-phase, less than
65,000 Btu/h VRF manufacturers are
doing currently, but DOE requested
comment on the certification reporting
costs. Id.
DOE did not receive any comments on
the certification and reporting costs
associated with the proposed reporting
requirements for three-phase, less than
65,000 Btu/h ACUACs and ACUHPs and
three-phase, less than 65,000 Btu/h
VRF. In this final rule, DOE makes a
final determination that these
amendments to the reporting
requirements for three-phase, less than
65,000 Btu/h ACUACs and ACUHPs and
three-phase, less than 65,000 Btu/h VRF
would not cause any measurable change
in reporting burden or hours for threephase, less than 65,000 Btu/h ACUACs
and ACUHPs and three-phase, less than
65,000 Btu/h VRF manufacturers.
Compliance with these reporting
requirements is required 210 days after
publication of this final rule.
L. Commercial Water Heating
Equipment
DOE is amending the reporting
requirements for CWHs. EPCA
prescribes energy conservation
standards for several classes of CWHs
manufactured on or after January 1,
1994. (42 U.S.C. 6313(a)(5)) DOE
codified these standards in its
regulations for CWHs at 10 CFR
431.110. However, when codifying these
standards from EPCA, DOE
inadvertently omitted the standards put
in place by EPCA for electric
instantaneous water heaters, which are
instantaneous water heaters with a rated
input both greater than 12 kW and not
less than 4,000 Btu/h per gallon of
stored water (see 10 CFR 431.102).
Therefore, in a final rule published on
October 6, 2023 (‘‘October 2023 CWH
Final Rule’’), DOE codified these
standards in its regulations at 10 CFR
431.110. 88 FR 69686, 69699.
Consistent with the October 2023
CWH Final Rule, DOE is establishing
reporting requirements for commercial
electric instantaneous water heaters
(except for residential-duty commercial
electric instantaneous water heaters for
which certification is already addressed
in 10 CFR 429.44).
Additionally, DOE is adding reporting
requirements for commercial electric
storage water heaters to ensure that the
input rating of all certified models
exceeds the 12 kW threshold as well as
the required ratio of input rate per
PO 00000
Frm 00038
Fmt 4701
Sfmt 4700
gallon of stored water that is part of the
definition of electric storage water
heaters at 10 CFR 431.102.
1. Reporting
a. Electric Instantaneous Water Heaters
Under the existing requirements in 10
CFR 429.44, manufacturer certification
reports for commercial water heating
equipment are not required to include
information about electric instantaneous
water heaters. 10 CFR 429.44(c)(2).
Therefore, for commercial electric
instantaneous water heaters of all
storage volumes (except for residentialduty commercial electric instantaneous
water heaters), in the September 2023
CCE NOPR, DOE proposed to add
certification requirements for thermal
efficiency, storage volume, rated input,
and whether the storage volume is
determined using a weight-based test (in
accordance with 10 CFR 431.106) or the
calculation-based method (in
accordance with 10 CFR 429.72(e), as
discussed in the following paragraph).
88 FR 67458, 67478.
Additionally, for electric
instantaneous water heaters with storage
volume greater than or equal to 10
gallons (and thus subject to a standby
loss standard), DOE proposed to require
that the following information be
certified to ensure compliance with
standby loss standards and to enable
DOE to understand how the standby test
was conducted for each basic model: (1)
standby loss, (2) whether the water
heater initiates heating element
operation based on a temperaturecontrolled call for heating that is
internal to the water heater, (3) whether
the water heater includes an integral
pump purge functionality, and (4) the
default duration of the pump off delay
(for models equipped with integral
pump purge). Id.
DOE also proposed to allow use of a
calculation-based method for
determining the storage volume of
electric instantaneous water heaters that
is the same as the method for gas-fired
and oil-fired instantaneous water
heaters and hot water supply boilers
found at 10 CFR 429.72(e). Id.
Furthermore, DOE proposed to clarify
that the method for calculating volume
for instantaneous water heaters found at
10 CFR 429.72(e) does not apply to
storage-type instantaneous water
heaters. Id.
DOE requested comment on its
proposal to require the reporting of
thermal efficiency, storage volume,
rated input, and whether the storage
volume is determined using a weightbased test or the calculation-based
method for commercial electric
E:\FR\FM\09OCR2.SGM
09OCR2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
instantaneous water heaters of all
storage volumes (except for residentialduty commercial electric instantaneous
water heaters). Id. DOE also sought
comment on its proposal to require the
reporting of standby loss, whether the
water heater initiates heating element
operation based on a temperaturecontrolled call for heating that is
internal to the water heater, whether the
water heater includes an integral pump
purge functionality, and the default
duration of the pump off delay (for
models equipped with integral pump
purge) for electric instantaneous water
heaters with storage volume greater than
or equal to 10 gallons. Id. Additionally,
DOE requested comment on its
proposed calculation-based method for
determining storage volume of electric
instantaneous water heaters. Id.
Thermal Efficiency
Rheem commented that the DOE test
procedures for commercial electric
instantaneous water heaters at 10 CFR
431 appendix B and 10 CFR 431
appendix D assume a thermal efficiency
of 98 percent for commercial electric
instantaneous water heaters, but there is
no DOE test procedure that describes
how to measure thermal efficiency.
Rheem recommended that DOE either
clarify whether a thermal efficiency of
98 percent can be used for all
commercial electric instantaneous water
heaters that use immersed heating
elements or remove the thermal
efficiency certification requirement.
(Rheem, No. 15 at pp. 4–5; Rheem,
Public Meeting Transcript, No. 6 at p.
36) AHRI opposed the reporting of
thermal efficiency for commercial
electric instantaneous water heaters of
all storage volumes because the DOE
test procedure for this equipment
assumes a thermal efficiency of 98
percent and does not include a method
for measuring thermal efficiency. AHRI
stated that thermal efficiency is not
reported for commercial electric storage
water heaters, and therefore, it should
not be required for other commercial
electric equipment. AHRI recommended
removing the requirement to report
thermal efficiency for commercial
electric instantaneous water heaters in
the reporting template. (AHRI, No. 18 at
p. 10) BWC recommended that thermal
efficiency be removed from the
reporting requirements for commercial
electric instantaneous water heaters of
all storage volumes as the inclusion of
thermal efficiency does not provide
additional meaningful information to
DOE or consumers looking to obtain
information about a product’s energy
performance and ultimately increases
the complexity of the reporting
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
templates, which could lead to an
increase in potential errors in addition
to an increased time burden. (BWC, No.
13 at p. 1)
In response, DOE notes that there are
standards in effect for electric
instantaneous water heaters (see 10 CFR
431.110), and, therefore, manufacturers
must certify thermal efficiency to DOE
to ensure compliance. As a result, DOE
is adopting its proposal to require
certification of thermal efficiency for
electric instantaneous water heaters.
Furthermore, DOE clarifies that for
commercial electric instantaneous water
heaters with immersed heating
elements, manufacturers should set the
thermal efficiency equal to 98 percent,
consistent with the assumed value in
the standby loss calculation of the DOE
test procedure specified in appendix D
to subpart G of 10 CFR part 431.
Additionally, in response to BWC’s
concerns about increased complexity
and the potential for certification errors,
DOE will include a note in the
certification template to instruct the
user to enter 98 percent in the
template’s field for the thermal
efficiency of electric instantaneous
water heaters.
Storage Volume Less Than 10 Gallons
BWC commented that reporting
requirements for commercial electric
instantaneous water heaters with a
storage volume less than 10 gallons
should be removed from the reporting
template as the October 2023 CWH
Final Rule does not require standby loss
to be reported for electric instantaneous
water heaters with a storage volume less
than 10 gallons. (BWC, No. 13 at p. 2)
AHRI commented that electric
instantaneous water heaters with storage
volumes of less than 10 gallons are not
subject to testing and should therefore
be excluded from certification and
reporting requirements. (AHRI, No. 18 at
p. 10)
In response to the comments
regarding electric instantaneous water
heaters with a storage volume less than
10 gallons, DOE notes that certification
requirements are necessary to ensure
that standards are being met and to
determine the appropriate equipment
class and applicable standard(s).
Particularly, certification of thermal
efficiency ensures compliance with the
minimum standard; rated input checks
would be used to confirm that the input
rating of all certified models exceeds the
12 kW threshold that is part of the
definition of commercial instantaneous
water heaters at 10 CFR 431.102, and
storage volume is necessary to
determine whether the standby loss
standard applies to the certified model.
PO 00000
Frm 00039
Fmt 4701
Sfmt 4700
82031
In addition, the rated input and the
storage volume are used to determine
whether a water heater is instantaneous
or storage. Completely removing the
certification and reporting requirements
for electric instantaneous water heaters
with storage volume less than 10 gallons
would omit information that is
necessary for DOE to confirm the
applicable standard. Further, similar to
electric instantaneous water heaters
with a storage capacity of 10 or more
gallons, DOE will allow for storage
volume to be measured and certified to
either the weight-based test or
calculation-based method.
Standby Loss
BWC commented that it did not
support reporting standby loss based on
the other functional criteria outlined in
September 2023 CCE NOPR, as adding
that level of complexity would increase
the time-burden to complete the
reporting template according to BWC.
(Id.) BWC requested that DOE clarify
why providing this information would
inform DOE or consumers regarding the
efficiency of electric instantaneous
water heaters. (BWC, No. 13 at p. 2)
Rheem supported DOE’s requirement of
reporting standby loss, whether the
water heater initiates heating element
operation based on a temperaturecontrolled call for heating that is
internal to the water heater, whether the
water heater includes an integral pump
purge functionality, and the default
duration of the pump off delay (for
models equipped with integral pump
purge) for electric instantaneous water
heaters with storage volume greater than
or equal to 10 gallons. Rheem stated its
understanding is that this information is
necessary to properly perform the test
procedure at 10 CFR 431 appendix D for
non-storage type instantaneous
commercial electric instantaneous water
heaters. (Rheem, No. 15 at p. 6)
As noted previously, energy
conservation standards for commercial
electric instantaneous water heaters
were updated in the October 2023 CWH
Final Rule to reflect the standards
already outlined in EPCA, which
include both thermal efficiency
standards and standby loss standards.
88 FR 69686. Specifically, EPCA
prescribes maximum standby loss
requirements for electric instantaneous
water heaters with a storage volume of
10 gallons or more. (42 U.S.C.
6313(a)(5)(D)–(I)). Thus, reporting of
standby loss is necessary to determine
compliance with the maximum standby
loss standards.
Furthermore, in response to BWC’s
comments, DOE notes that the reporting
of additional functional criteria are
E:\FR\FM\09OCR2.SGM
09OCR2
82032
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
necessary for DOE to understand how
the standby test was conducted for each
basic model. DOE agrees with Rheem
that this information is needed to
properly perform the standby loss test
procedure. DOE has separate standby
loss tests for internally activated and
flow/externally activated water heaters.
Since the call for heating can be
internally activated or flow-activated
and remote-sensor based
thermostatically activated (i.e.,
externally activated), it is necessary for
manufacturers to certify whether the
water heater initiates operation based on
a temperature-controlled call for heating
that is internal to the water heater.
Within the standby loss test method for
flow/externally activated water heaters,
there are separate criteria depending on
whether the water heater is equipped
with an integral pump purge. Thus,
certification of whether the water heater
includes an integral pump purge
functionality is necessary to understand
how the standby loss test specifically for
flow/externally activated water heaters
was conducted. Additionally, the pump
delay time impacts the test time and
when the heat exchanger outlet water
temperature is measured. Thus,
certification of the default duration of
the pump off delay is necessary for
models equipped with an integral pump
purge.
Storage Volume Determination Method
BWC commented that it appreciated
DOE making the option available to
report either weight-based or
calculation-based storage volume for
electric instantaneous water heaters,
along with confirmation of which
method was used when reporting.
(BWC, No. 13 at p. 2) Rheem
commented that it supports allowing
commercial electric instantaneous water
heaters (other than storage-type
instantaneous water heaters) to use a
calculation-based method for
determining storage volume of electric
instantaneous water heaters. Rheem
noted that there are two references in 10
CFR 429.72 to ‘‘§ 429.44(c)(3)(iv)–(vii)’’
and that the second reference should be
‘‘§ 429.44(c)(3)(i)–(ii)’’. (Rheem, No. 15
at p. 6)
DOE agrees with the comments in
support of the weight-based and
calculation-based storage volume
determination options and is adopting
the proposal to allow manufacturers to
determine electric instantaneous water
heater storage volume using either of
these two methods. Additionally, DOE
notes that the reference to
‘‘§ 429.44(c)(3)(iv)–(vii),’’ which Rheem
suggested should be changed to
‘‘§ 429.44(c)(3)(i)–(ii),’’ is not necessary
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
and has been removed from the
regulatory text.
Storage Capacity Greater Than 10
Gallons
Rheem recommended that similar to
the requirement for commercial gasfired and oil-fired instantaneous water
heaters at 10 CFR 429.44(c)(2)(iv), DOE
should add the requirement to declare
‘‘whether the water heater includes a
storage tank with a storage volume
greater than or equal to 10 gallons (Yes/
No)’’ to 10 CFR 429.44(c)(2)(vi) for
commercial electric instantaneous water
heaters with a storage tank with storage
volume greater than 10 gallons and less
than or equal to 140 gallons. Rheem
noted that this question appears in the
sample template PDF. (Rheem, No. 15 at
p. 5)
DOE agrees that the requirement to
declare whether the water heater
includes a storage tank with a storage
volume greater than or equal to 10
gallons should be included in 10 CFR
429.44(c)(2)(vi) to align the certification
requirements of commercial electric
instantaneous water heaters more
closely with those for commercial gasfired and oil-fired instantaneous water
heaters. Furthermore, this additional
certification requirement will more
clearly enable DOE to understand
whether each basic model meets the
definition of a storage-type
instantaneous water heater (as set forth
in 10 CFR 431.102). Further, the
response to this question would
determine whether testing was
conducted according to appendix B or D
to subpart G at 10 CFR part 431.
Therefore, DOE is adopting this
requirement in this final rule.
Compliance Date
Rheem commented that it supported
DOE requiring the certification of
commercial electric instantaneous water
heaters under EPCA. However, Rheem
requested clarification on when
certification would be required and
recommended that the certification date
be set at the compliance date of the most
recent standards final rule (i.e., October
6, 2026). (Rheem, No. 15 at p. 4) AHRI
commented requesting DOE to clarify
when certification would be required for
commercial electric instantaneous water
heaters as the proposal to include
reporting for this equipment is based on
the May 19, 2022 proposed rule at 87 FR
30610 (‘‘May 2022 CWH NOPR’’), but
AHRI noted that there was not any
clarity regarding when compliance
would be required. AHRI noted that the
October 2023 CWH Final Rule was
published on October 6, 2023, with
compliance to the amended standards
PO 00000
Frm 00040
Fmt 4701
Sfmt 4700
required October 6, 2026; however,
AHRI noted that DOE has stated that
compliance for commercial electric
instantaneous water heaters has been
required since January 1, 1994. (AHRI,
No. 18 at p. 10)
DOE notes that although compliance
with the October 2023 amended
commercial water heating standards is
required on or after October 6, 2026,
compliance with EPCA’s standards for
electric instantaneous water heater
standards has been required since
January 1, 1994. Since the compliance
date for electric instantaneous water
heater standards has passed and DOE
does not expect manufacturers to need
to conduct additional testing for these
added certification requirements, DOE
does not believe that a compliance date
of October 6, 2026 is necessary.
However, DOE recognizes the need for
time to adjust to the new requirements
in this final rule after publication and
therefore DOE is requiring compliance
of the outlined commercial water
heating equipment 210 days after
publication of this final rule.
General
Rheem commented that 10 CFR
429.44(c)(2)(vi) describes certification
requirements for unfired hot water
storage tanks, but the proposed
requirements for electric instantaneous
water heaters were inserted above this
section and the unfired hot water
storage tank section was not
renumbered within the regulatory text.
(Rheem, No. 15 at p. 4)
DOE notes that the September 2023
CCE NOPR as well as this final rule
include amendatory instructions in the
regulatory text for 10 CFR 429.44, which
states that paragraph (c)(2)(vi) with
requirements for unfired hot water
storage tanks is renumbered as
(c)(2)(viii).
b. Electric Storage Water Heaters
For commercial electric storage water
heaters, in the September 2023 CCE
NOPR, DOE proposed adding a
certification requirement for rated input
to ensure that the input rating of all
certified models exceeds the 12 kW
threshold that is part of the definition of
electric storage water heaters at 10 CFR
431.102. 88 FR 67458, 67478. DOE
proposed that manufacturers would be
required to comply with the
certification requirement beginning on
the date of the next annual filing of
certification reports required for CWHs
following the publication of a final
E:\FR\FM\09OCR2.SGM
09OCR2
khammond on DSKJM1Z7X2PROD with RULES2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
rule.29 Id. DOE sought comment on its
proposal to add a requirement for the
reporting of rated input for commercial
electric storage water heaters. Id.
BWC stated that it did not support
DOE’s proposal to add a requirement for
the reporting of rated input for
commercial electric storage water
heaters. BWC commented that DOE
should include a Yes/No response in the
field looking to confirm an input rating
of all certified models exceeding the 12
kW threshold that is part of the
definition of commercial electric storage
water heaters, which it said would be a
practice similar to other reporting
requirements for commercial water
heating equipment. (BWC, No. 13 at p.
2) AHRI commented opposing DOE’s
proposal to add a requirement for the
reporting of rated input for commercial
electric storage water heaters. AHRI
noted that input rate does not impact
the efficiency rating but has the
potential to increase the number of basic
models by a factor of at least 10.
Rheem supported requiring the
certification of all available input rates
for commercial electric storage water
heaters and recommended the required
certification date be set at the
compliance date of the most recent
standards final rule (i.e., October 6,
2026). Rheem noted models that can be
manufactured with many different input
rates are currently certified under the
same model number, a practice likely
due to the input rate and thermal
efficiency not being certified as well as
the small effect that input rate would
have on standby loss. Rheem requested
that DOE clarify whether the existing
standby loss ratings for a model can be
applied across all input rates that the
model will be required to certify. Rheem
also requested DOE to clarify what
constitutes a basic model (i.e., can a
basic model include all input rates with
the individual models having different
input rates, or will each input rate
require a different basic model).
(Rheem, No. 15 at p. 6) ASAP et al.
supported the inclusion of input rating
as a reporting requirement for
commercial electric storage water
heaters. ASAP et al. noted that this
requirement would help ensure that
equipment certified under 10 CFR
429.44 meets the input threshold of 12
kW that is defined for commercial
equipment. (ASAP et al., No. 14 at p. 2)
As noted by commenters, DOE is
aware that historically some
manufacturers have certified a range of
input capacities under one model
29 The annual certification report filings for
commercial water heating equipment are due on
May 1. See 10 CFR 429.12.
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
number. DOE has found that in some
cases models were incorrectly
categorized as commercial equipment
when they were below the threshold of
12 kW of input necessary to be
classified as a commercial water heater
(and instead should have been
categorized as a consumer water heater).
Typically, this occurred when the range
of inputs available for the model family
extended from below 12 kW to above 12
kW. Thus, in the September 2023 CCE
NOPR, DOE proposed to require
certification of input rate for
commercial electric water heaters so
that DOE could verify that the model is
correctly categorized. Input rate
information is needed to determine the
correct categorization, both for the
purpose of determining whether a
model is a consumer product or
commercial equipment and also
whether it is instantaneous-type or
storage-type (which is based on the ratio
of input rate to stored volume).
However, after considering stakeholder
comments, DOE is requiring
manufacturers to certify a ‘‘Yes/No’’ for
whether the input rate is greater than
12kW and ‘‘Yes/No’’ for whether the
ratio of input rate to stored volume is
less than 4,000 Btu/h per gallon of
stored water. These requirements will
allow DOE to determine which
standards apply to the model certified
while also minimizing burden on
manufacturers by not requiring each
input rate to be certified separately.
DOE is requiring compliance of the
outlined CWHs certification
requirements when certifying
compliance in accordance with the next
annual certification report filing date on
or after 210 days after publication of this
final rule.
In response to Rheem’s comment on
certifying standby loss across all input
rates of a model and what constitutes a
basic model, DOE defines a basic model
at 10 CFR 431.102 as all water heaters,
hot water supply boilers, or unfired hot
water storage tanks manufactured by
one manufacturer within a single
equipment class, having the same
primary energy source (e.g., gas or oil)
and that have essentially identical
electrical, physical and functional
characteristics that affect energy
efficiency. If a group of individual
models meets these criteria they can be
grouped as a single basic model.
Specifically with respect to input rate,
if the manufacturer determines that
input rate does not affect energy
efficiency, then models with different
input rates may be grouped under a
single basic model if they also are in the
same equipment class.
PO 00000
Frm 00041
Fmt 4701
Sfmt 4700
82033
Storage Capacity Greater Than 140
Gallons
AHRI commented that commercial
electric storage water heaters greater
than or equal to 140 gallons are not
subject to standards but require
confirmation they meet the design
requirement of jacket insulation that is
≥ R–12.5. AHRI commented there is also
no standby loss testing required for this
equipment and details regarding the
input rate are not needed as this is an
assigned rating, rather than a tested
value. AHRI commented asking if rather
than reporting an input capacity
number, the field response could be Y/
N to indicate equipment class. (AHRI,
No. 18 at p. 10) During the NOPR public
meeting, AHRI commented that the draft
certification template seemed to suggest
that additional information might be
reported for the rated input kilowatthours for capacities greater than 140
gallons and asked if this requirement
was applicable to all products or
products less than or equal to 140
gallons only. (AHRI, Public Meeting
Transcript, No. 6 at pp. 31–34)
Rheem commented that commercial
electric storage water heaters are
divided into two groups: less than or
equal to 140 gallons and greater than
140 gallons, but 10 CFR 429.44(c)(2)(iii)
does not require the rated input for
commercial water heaters with storage
volumes greater than 140 gallons to
always be reported and does not have
the appropriate units for electric
equipment. Rheem additionally
commented that the draft certification
template states, ‘‘For models with a
storage capacity greater than 140 gallons
only, enter the Rated Input in kilowatts
(kW) in the cells below. This should be
a decimal number greater than zero.’’
Therefore, Rheem commented that the
template only requires rated input be
reported for greater than 140 gallons,
which does not reflect the proposed
language in either 10 CFR 429.44(c)(2)(i)
or (iii). (Rheem, No. 15 at pp. 6–7)
Rheem also requested that DOE
evaluate whether certification
requirements for ‘‘commercial water
heaters and hot water supply boilers
with storage capacity greater than 140
gallons’’ at 10 CFR 429.44(c)(2)(iii)
should be updated to include units for
electric equipment as well as the units
already required for gas and oil-fired
equipment. (Rheem, No. 15 at p. 5)
In response to AHRI’s comment, DOE
clarifies that commercial electric storage
water heaters greater than or equal to
140 gallons are required to report
standby loss, measured storage volume,
and rated input if the tank surface area
is not thermally insulated to R–12.5 or
E:\FR\FM\09OCR2.SGM
09OCR2
82034
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
more, with the R-value as defined in
§ 431.102. Therefore, the rated input
requirements will apply to all storage
water heater products, including those
greater than 140 gallons, to allow for
verification of correct equipment
classification as discussed and the
template will be updated accordingly. In
addition, 10 CFR 429.44(c)(2)(iii) is
applicable to electric equipment and
this final rule updates the requirements
to reflect the correct units, including
standby loss in percent per hour and
rated input in kilowatts.
khammond on DSKJM1Z7X2PROD with RULES2
Storage Capacity Terminology
Rheem commented that ‘‘storage
capacity’’ is used throughout 10 CFR
429.44 when describing the 10- and 140gallon thresholds, but stated it is not
clear whether rated storage volume or
measured storage volume should be
used to make these determinations.
Rheem requested that DOE clarify
within 10 CFR 429.44 which volume
value should be used. Rheem stated that
its understanding was that measured
storage volume is used for electric water
heaters and rated storage volume is used
for gas and oil-fired water heaters and
recommended that ‘‘storage capacity’’ be
amended to align with the required
certification volume. (Rheem, No. 15 at
p. 4)
In response to Rheem’s comment,
DOE clarifies that standards for gas and
oil-fired CWHs are a function of ‘‘rated
storage volume’’ and standards for
electric CWHs are a function of
‘‘measured storage volume.’’ (See 10
CFR 431.110.) Thus, DOE agrees with
Rheem’s suggested approach to specify
either measured or rated storage
volume, as applicable based on the fuel
type (rated storage volume for gas/oil
and measured storage volume for
electric), rather than use the term
‘‘storage capacity.’’ This change will
clarify the appropriate volume to use
when determining how to apply the
thresholds and will align with standards
structure.
Hot Water Supply Boilers
Rheem recommended that DOE clarify
whether electric hot water supply
boilers are covered by the energy
conservation standards at 10 CFR
431.110(a) and, if so, amend the
certification requirements to include hot
water supply boilers in sections 10 CFR
429.44(c)(2)(vi)–(vii). Rheem
commented that a hot water supply
boiler is defined as a packaged boiler at
10 CFR 431.102 and a packaged boiler
is defined at 10 CFR 431.82, but neither
definition includes a description of the
fuel type; therefore, within the
definitions of the CFR, an electric hot
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
water supply boiler can exist. (Rheem,
No. 15 at p. 5)
DOE agrees that the definition for a
hot water supply boiler at 10 CFR
431.102 does not specify a fuel type,
thus including electric hot water supply
boilers in the definition. However, the
inclusion of hot water supply boiler
standards for gas-fired and oil-fired hot
water supply boilers in 10 CFR
431.110(a) stem from their coverage in
ASHRAE 90.1. DOE established these
standards in a final rule published in
2001, which adopted the standard levels
for gas-fired and oil-fired hot water
supply boilers in ASHRAE 90.1–1989.
66 FR 3336. The current version of
ASHRAE 90.1 (i.e., ASHRAE 90.1–2023)
still only covers standards for gas- and
oil-fired hot water supply boilers and
EPCA does not prescribe any standards
at 42 U.S.C. 4313. Thus, electric hot
water supply boilers are not covered by
the standards in 431.110(a) and it is
therefore not necessary to establish
certification requirements for electric
hot water supply boilers.
For the reasons discussed in the
preceding paragraphs and the
September 2023 CCE NOPR, DOE is
adopting the certification reporting
requirements for electric CWH as
proposed in the September 2023 CCE
NOPR, with the amendments discussed
in the preceding sections.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR,
DOE proposed to align the certification
reporting requirements for commercial
electric instantaneous water heaters
(except for residential-duty commercial
electric instantaneous water heaters)
with the energy conservation standards
for such equipment as required by
EPCA, and as codified at 10 CFR
431.110 by the October 2023 CWH Final
Rule. 88 FR 69686, 69699.
In the September 2023 CCE NOPR,
DOE noted that manufacturers of
commercial electric instantaneous water
heaters (except for residential-duty
commercial electric instantaneous water
heaters) do not currently report any
information about the performance or
characteristics of such equipment, but
would be required to report thermal
efficiency, storage volume, rated input,
and whether the storage volume is
determined using a weight-based test (in
accordance with 10 CFR 431.106) or the
calculation-based method (in
accordance with 10 CFR 429.72(e))
under the proposals discussed in the
September 2023 CCE NOPR. 88 FR
67458, 67479.
Additionally, for electric
instantaneous water heaters with storage
volume greater than or equal to 10
PO 00000
Frm 00042
Fmt 4701
Sfmt 4700
gallons (and thus subject to a standby
loss standard), DOE noted that
manufacturers would also be required to
report standby loss, whether the water
heater initiates heating element
operation based on a temperaturecontrolled call for heating that is
internal to the water heater, whether the
water heater includes an integral pump
purge functionality, and the default
duration of the pump off delay (for
models equipped with integral pump
purge) under the proposals of the
September 2023 CCE NOPR. Id.
In the September 2023 CCE NOPR,
DOE noted that any manufacturer of
commercial electric instantaneous water
heaters would be required to begin
submitting certification reports under
the proposed reporting requirements
discussed in the September 2023 CCE
NOPR. Id. Costs associated with the
proposed updates to reporting
requirements were discussed in section
IV.C of the September 2023 CCE NOPR.
88 FR 67458, 67495.
In the September 2023 NOPR, DOE
also proposed to amend the certification
reporting requirements for commercial
electric storage water heaters to require
manufacturers to report rated input. 88
FR 67458, 67479.
In the September 2023 NOPR, DOE
tentatively determined that the
proposed amendments would not
impose additional costs for
manufacturers of commercial electric
storage water heaters because they are
already submitting certification reports
to DOE and should have readily
available the information that DOE is
proposing to collect as part of this
rulemaking. Id. DOE stated that it did
not believe the revised reporting
requirements would cause any
appreciable change in reporting burden
or hours as compared to what
commercial electric storage water
heaters manufacturers are currently
doing today, but DOE requested
comment on the certification reporting
costs. Id.
Rheem commented that it did not
expect certification and reporting costs
for commercial electric storage water
heaters to increase because of the
proposed requirement to report rated
input rate. Rheem commented that if
additional standby loss testing is
required, then the testing and
certification costs would be significant.
Rheem additionally commented that for
commercial electric instantaneous water
heaters, if DOE requires testing of
thermal efficiency, then the certification
and reporting costs would be
significant. (Rheem, No. 15 at p. 7)
As discussed previously, the thermal
efficiency for electric instantaneous
E:\FR\FM\09OCR2.SGM
09OCR2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
water heaters should be certified as 98
percent as specified in the standby loss
test procedure, which would not require
testing. Additionally, DOE notes that
standby loss testing and certification of
electric storage water heaters is already
required at 10 CFR 429.44(c)(2)(i) and in
some instances 10 CFR 429.44(c)(2)(iii).
In this final rule, DOE makes a final
determination that the amendments to
the reporting requirements for electric
storage CWHs would not cause any
measurable change in reporting burden
or hours for CWH manufacturers. DOE
also makes a final determination that
the new reporting requirements for
electric instantaneous CWHs would
have an associated cost which are
discussed in section IV.C of this
document.
Compliance with the amended
reporting requirements for electric
storage CWHs is not required until the
next annual certification report filing
date on or after 210 days after
publication of this final rule.
Compliance with the new reporting
requirements for electric instantaneous
CWHs is required 210 days after
publication of this final rule.
khammond on DSKJM1Z7X2PROD with RULES2
M. Automatic Commercial Ice Makers
DOE is amending the reporting
requirements for ACIMs, which are
factory-made assemblies (not
necessarily shipped in 1 package) that
(1) consist of a condensing unit and icemaking section operating as an
integrated unit, with means for making
and harvesting ice; and (2) may include
means for storing ice, dispensing ice, or
storing and dispensing ice. 10 CFR
431.132. In the November 1, 2022
Automatic Commercial Ice Maker Test
Procedure Final Rule (‘‘November 2022
ACIM Final Rule’’), DOE replaced the
terms ‘‘maximum energy use’’ and
‘‘maximum condenser water use’’ with
‘‘energy use’’ and ‘‘condenser water
use,’’ respectively, for ACIMs. 87 FR
65856, 56892. Consistent with that
rulemaking, DOE is adopting
amendments to the reporting
requirements for ACIMs.
1. Reporting
Under the existing requirements in 10
CFR 429.45, manufacturers must report
maximum energy use in kWh per 100
pounds of ice, maximum condenser
water use in gallons per 100 pounds of
ice, harvest rate in pounds of ice per 24
hours, type of cooling, and equipment
type. 10 CFR 429.45(b)(2). These
requirements provide for certifying
compliance with the standards
applicable to ACIMs manufactured on
or after January 28, 2018. 10 CFR
431.136(c) and (d). DOE is updating
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
these requirements and aligning the
reporting requirements with the
November 2022 ACIM Final Rule and
adopting general certification
requirements for ACIMs. DOE discusses
these updates in the sections as follows.
a. Energy and Water Condenser Use
For ACIMs, the current reporting
requirements include maximum energy
use in kWh per 100 pounds of ice and
maximum condenser water use in
gallons per 100 pounds of ice. 10 CFR
429.45(b)(2). In the November 2022
ACIM Final Rule, DOE determined that
the reference to ‘‘maximum energy use’’
and ‘‘maximum condenser water use’’ in
10 CFR 429.45 could be misinterpreted
to refer to the energy and water
conservation standard levels for that
basic model (i.e., the maximum
allowable energy and maximum
allowable condenser water use), as
opposed to the tested performance. 87
FR 65856, 65891. Therefore, in the
November 2022 ACIM Final Rule, for
consistency and clarity, DOE replaced
the term ‘‘maximum energy use’’ with
the term ‘‘energy use’’ and the term
‘‘maximum condenser water use’’ with
the term ‘‘condenser water use.’’ Id. at
87 FR 65892. In addition, values of both
energy and condenser water
consumption are relevant for ACIMs. Id.
at 87 FR 65891. As such, DOE modified
the language at 10 CFR 429.45 to specify
expressly that the sampling plan at 10
CFR 429.45(a)(2)(i) applies both to
measures of energy and condenser water
use for which consumers would favor
lower values. Id. at 87 FR 65892.
Similarly, 10 CFR 431.132 included a
definition for the term ‘‘maximum
condenser water use.’’ This language
may also be misinterpreted to refer to
the condenser water conservation
standard level for a basic model as
opposed to the tested condenser water
use. Therefore, in the November 2022
ACIM Final Rule, DOE modified the
term and definition of ‘‘maximum
condenser water use’’ to instead refer to
the term ‘‘condenser water use.’’ Id.
In the November 2022 ACIM Final
Rule, DOE did not revise the reporting
requirements in 10 CFR 429.45 to
remove the term ‘‘maximum’’ and align
the requirements with the newly
adopted definitions for ‘‘energy use’’
and ‘‘condenser water use.’’ Id. at 87 FR
65897. As a result, in the September
2023 CCE NOPR, DOE proposed to
update the reporting requirements to
specify ‘‘energy use’’ and ‘‘condenser
water use.’’ 88 FR 67458, 67479. DOE
requested comment on its proposal to
align ACIM reporting requirement
terminology with the amended terms.
Id.
PO 00000
Frm 00043
Fmt 4701
Sfmt 4700
82035
AHRI supported DOE’s proposal to
replace the terms ‘‘maximum energy
use’’ and ‘‘maximum condenser water
use’’ with ‘‘energy use’’ and ‘‘condenser
water use,’’ respectively, for ACIMs.
(AHRI, No. 18 at p. 11)
AHAM commented it did not have
objections to the proposals in the
September 2023 CCE NOPR concerning
reporting requirements for ACIMs as
they are currently defined. However,
AHAM restated its objection to DOE’s
inclusion of residential icemakers
within the scope of the ACIMs energy
conservation standard proposed
rulemaking. (AHAM, No. 16 at pp. 5–6;
AHAM, Public Meeting Transcript, No.
6 at p. 38) AHAM added that if DOE
does include residential ice makers
within the scope of the ACIMs
rulemaking, AHAM may have
additional comments on the proposed
and existing reporting requirements
and/or the other applicable compliance
and enforcement provisions. (AHAM,
No. 16 at pp. 5–6)
DOE acknowledges the comments
from AHAM regarding the separate
proposed energy conservation standards
rulemaking for ACIMs but notes that
DOE has not established energy
conservation standards for low-capacity
ACIMs.
Therefore, DOE is not establishing
reporting requirements for this category
of ACIMs but would consider
establishing such reporting
requirements if DOE establishes energy
conservation standards in the future.
Otherwise, for the reasons discussed in
the preceding paragraphs and the
September 2023 CCE NOPR, in this final
rule, DOE is adopting the amendments
as proposed in the September 2023 CCE
NOPR.
b. Rounding Requirements
DOE currently requires test results for
ACIMs to be rounded, as outlined in the
ACIMs test procedure. 10 CFR
431.134(g). However, the certification
requirements in 10 CFR 429.45 do not
specify how values calculated in
accordance with 10 CFR 429.45(a)
would be rounded for reporting per 10
CFR 429.45(b). To ensure consistency
among ACIM certification reports, in the
September 2023 CCE NOPR, DOE
proposed that any reported values be
rounded consistent with the rounding
requirements for individual test results.
88 FR 67458, 67479. Specifically, DOE
proposed to require that reported values
be rounded as follows: energy use to the
nearest 0.01 kWh/100 lb, condenser
water use to the nearest gal/100 lb, and
harvest rate to the nearest 1 lb/24 h (for
ACIMs with harvest rates greater than
50 lb/24 h) or to the nearest 0.1 lb/24
E:\FR\FM\09OCR2.SGM
09OCR2
82036
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
h (for ACIMs with harvest rates less
than or equal to 50 lb/24 h). Id. DOE
requested comment on its proposal to
establish rounding requirements for
ACIMs. Id. at 88 FR 67480.
AHRI commented asking if the draft
template column headers and product
codes had been updated to include the
new smaller size categories (i.e., lowcapacity ACIMs). AHRI cited directions
in the draft template for the Harvest
Rate column to ‘‘Enter the Harvest Rate
in pounds of ice per 24 hours in the
cells below. This should be a decimal
number greater than zero.’’ and asked if
the reported harvest rate should be 0.1
lb/24 hr for ACIMs with harvest rates
less than or equal to 50 lbs/24 hr and
the nearest 1 lb/24 hr for ACIMs with
harvest rates greater than 50 lb/24 h.
(AHRI, No. 18 at p. 11)
In response to AHRI’s comment, DOE
has not established energy conservation
standards for low-capacity ACIMs.
Accordingly, DOE is not establishing
specific rounding instructions or
product group codes for certifying
compliance for such equipment. DOE
would consider establishing such
provisions should DOE establish energy
conservation standards for this
equipment in the future.
For the reasons discussed in the
preceding paragraphs and the
September 2023 CCE NOPR, in this final
rule, DOE is adopting these
amendments as proposed in the
September 2023 CCE NOPR, except that
DOE is not establishing rounding
requirements for low-capacity ACIMs.
c. Sampling Corrections
DOE’s sampling provisions for ACIMs
state that any represented value of
energy use, condenser water use, or
other measure of consumption of a basic
model for which consumers would favor
lower values shall be greater than or
equal to the higher of the mean of the
sample, or the upper 95-percent
confidence limit of the true mean
divided by 1.10. 10 CFR 429.45(a)(2).
The sampling provisions also state that
the UCL should be calculated using the
Student’s t-Distribution Values for
Certification Testing for a 95-percent
two-tailed confidence interval with n¥1
degrees of freedom from appendix A,
where ‘‘n’’ is the number of samples. Id.
However, appendix A outlines Student’s
t-Distribution Values that are based on
a one-tailed confidence interval, rather
than the two-tailed confidence interval
specified in 10 CFR 429.45(a)(2)(ii). To
correct this discrepancy, in the
September 2023 CCE NOPR, DOE
proposed to revise 10 CFR
429.45(a)(2)(ii) to specify that the UCL
should be calculated using the Student’s
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
t-Distribution Values for Certification
Testing for a 95-percent one-tailed
confidence interval outlined in
appendix A. 88 FR 67458, 67480. DOE
requested comment on its proposal to
correct the sampling provisions for
ACIMs. Id.
During the NOPR public meeting,
AHRI asked if the sampling provisions
would impact any non-efficiency
features such as capacity or bin volume.
AHRI also asked if the sampling
requirements would impact
manufacturers’ ability to rate
conservatively. (AHRI, Public Meeting
Transcript, No. 6 at pp. 38–39) AHAM
also asked if ‘‘one-sided’’ confidence
interval was the same as ‘‘one-tailed’’
confidence interval because AHAM had
observed that both terms were used
interchangeably. (AHAM, Public
Meeting Transcript, No. 6 at p. 40)
In the NOPR public meeting, DOE
responded that the intent of the
proposal is for an energy consumption
rating, or any rating, for which
consumers would prefer lower values.
(DOE, Public Meeting Transcript, No. 6
at pp. 39–40) A one-tailed interval
provides a reasonable assurance to the
consumer that the rating, as determined
based on the tested sample, limits the
potential value of rated energy use
based on the test sample. Therefore, it
is intended to provide a conservative
rating and does not impact any nonefficiency features. DOE also confirmed
that the ‘‘one-sided’’ confidence interval
was the same as ‘‘one-tailed’’ confidence
interval. (Id. at p. 40)
For the reasons discussed in the
preceding paragraphs and the
September 2023 CCE NOPR, in this final
rule, DOE is adopting these
amendments as proposed in the
September 2023 CCE NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR,
DOE proposed to align ACIM
certification reporting requirements
with the amended terms adopted in the
November 2022 ACIM Final Rule. 88 FR
67458, 67480. For ACIMs,
manufacturers currently report
maximum energy use and maximum
condenser water use and would report
energy use and condenser water use
under the amended requirements,
which are substantially similar to the
previous requirement as discussed in
the September 2023 CCE NOPR. Id.
In the September 2023 CCE NOPR,
DOE tentatively determined that these
proposed amendments would not
impose additional costs for
manufacturers because manufacturers of
ACIMs are already submitting
certification reports to DOE containing
PO 00000
Frm 00044
Fmt 4701
Sfmt 4700
these values and should have readily
available the information that DOE
proposed to collect. Id. DOE stated that
it did not believe the revised reporting
requirements would cause any
appreciable change in reporting burden
or hours as compared to what ACIM
manufacturers are doing currently, but
DOE requested comment on the
certification reporting costs. Id.
AHRI commented that the
certification reporting amendments
proposed for ACIMs will involve costs
to manufacturers and related burden to
report to DOE because products in the
new smaller harvest rate category—
below 50 lbs/24 h—are not in the AHRI
ACIM Certification Program. (AHRI, No.
18 at p. 11)
In response to AHRI’s comment, as
stated previously, DOE is not
establishing certification requirements
for low-capacity ACIMs as DOE has not
established energy conservation
standards for this equipment category.
Therefore, in this final rule, DOE makes
a final determination that the
amendments to the reporting
requirements for ACIMs would not
cause any measurable change in
reporting burden or hours for ACIM
manufacturers. Compliance with these
reporting requirements is not required
until the next annual certification report
filing date on or after 210 days after
publication of this final rule.
N. Walk-In Coolers and Freezers
DOE is amending the reporting
requirements for walk-in coolers and
walk-in freezers (‘‘walk-ins’’), which are
enclosed storage spaces including, but
not limited to, panels, doors, and
refrigeration system, refrigerated to
temperatures, respectively, above and at
or below 32 °F that can be walked into
and have a total chilled storage area of
less than 3,000 square feet. The terms
‘‘walk-in cooler’’ and ‘‘walk-in freezer’’
do not include products designed and
marketed exclusively for medical,
scientific, or research purposes. 10 CFR
431.302. In the test procedure final rule
published on May 4, 2023 (‘‘May 2023
Walk-ins TP Final Rule’’), DOE
amended the test procedure provisions
for walk-ins. 88 FR 28780. Consistent
with the May 2023 Walk-ins TP Final
Rule, DOE is adopting amendments to
the reporting requirements in this final
rule.
1. Reporting
Under the existing requirements in 10
CFR 429.53, manufacturers must report
the following public information:
(1) For all walk-in doors: the door
type, R-value of the door insulation, a
declaration that the manufacturer has
E:\FR\FM\09OCR2.SGM
09OCR2
khammond on DSKJM1Z7X2PROD with RULES2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
incorporated the applicable design
requirements, door energy consumption,
and rated surface area in square feet. 10
CFR 429.53(b)(2)(i) and (b)(3)(i).
(2) For walk-in doors with transparent
reach-in doors and windows, the glass
type of the doors and windows (e.g.,
double-pane with heat reflective
treatment, triple-pane glass with gas
fill), and the power draw of the
antisweat heater in watts per square foot
of door opening. 10 CFR 429.53(b)(i).
(3) For walk-in panels: the insulation
R-value. 10 CFR 429.53(b)(ii).
(4) For walk-in refrigeration systems:
the installed motor’s function purpose
(i.e., evaporator fan motor or condenser
fan motor), its rated horsepower, a
declaration that the manufacturer has
incorporated the applicable walk-inspecific design requirements into the
motor, annual walk-in energy factor
(‘‘AWEF’’), net capacity, the
configuration tested for certification
(e.g., condensing unit only, unit cooler
only, single-packaged dedicated system,
or matched pair), and if an indoor
dedicated condensing unit is also
certified as an outdoor dedicated
condensing unit (and, if so, the basic
model number for the outdoor dedicated
condensing unit). 10 CFR
429.53(b)(2)(iii), (b)(3)(ii), (b)(5).
Under the existing requirements in 10
CFR 429.53, manufacturers must report
the following non-public information
for all walk-in doors: (1) rated power of
each light, heater wire, and/or other
electricity consuming device; and (2)
whether such device(s) has/have a
timer, control system, or other demandbased control that reduces the device’s
power consumption. 10 CFR
429.53(b)(4)(i).
These requirements provide for
certifying compliance with the
standards applicable to walk-in doors,
panels, and medium temperature
dedicated condensing units (including
medium-temperature single-packaged
dedicated systems and matched pairs)
manufactured on or after June 5, 2017
and with the standards applicable to
walk-in low-temperature dedicated
condensing units (including lowtemperature single-packaged dedicated
systems and matched pairs), lowtemperature unit coolers, and mediumtemperature unit coolers manufactured
on or after July 10, 2020. DOE is
updating these requirements and
aligning the reporting requirements with
the May 2023 Walk-ins TP Final Rule.
DOE discusses these updates in the
sections as follows.
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
a. Combining the Publicly Required
Reporting Requirements in 10 CFR
429.53(b)(2), 429.53 (b)(3), and
429.53(b)(5)
The current reporting requirements at
10 CFR 429.53(b) specify public
reporting requirements in three
paragraphs—(b)(2), (b)(3), and (b)(5)—
based on whether the reporting
requirement was submitted before or
after June 5, 2017. Given this date has
passed, in the September 2023 CCE
NOPR, DOE proposed to combine the
public product-specific reporting
requirements at 10 CFR 429.53(b)(2) and
moving the non-public product-specific
reporting requirements from 10 CFR
429.53(b)(4) to 10 CFR 429.53(b)(3). 88
FR 67458, 67480. DOE requested
comment on these proposed changes. Id.
DOE did not receive any comments on
its proposal to combine the public
product-specific reporting requirements
for walk-ins. For the reasons discussed
in the preceding paragraph and in the
September 2023 CCE NOPR, DOE is
adopting these amendments as proposed
in the September 2023 CCE NOPR.
b. CO2 Systems
DOE has granted waivers to Heat
Transfer Products Group, Hussmann,
KeepRite, and RefPlus for an alternate
test procedure for specific unit cooler
basic models that utilize CO2 as a
refrigerant.30 The alternate test
procedure provided in these waivers
modifies the test condition values to
reflect typical operating conditions for a
transcritical 31 CO2 booster system.
Specifically, the waiver test procedures
require that CO2 unit cooler testing is
conducted at a liquid inlet saturation
temperature of 38 °F and a liquid inlet
subcooling temperature of 5 °F.
In the May 2023 Walk-ins TP Final
Rule, DOE amended appendix C to
include the alternate test conditions
specified in the waivers. DOE also
adopted these requirements into the
new appendix C1. 88 FR 28780, 28809.
Additionally, in the May 2023 Walk-ins
TP Final Rule, DOE defined a ‘‘CO2 unit
cooler’’ as ‘‘a unit cooler that includes
a nameplate listing only CO2 as an
approved refrigerant.’’ 88 FR 28780,
28790.
Accordingly, in the September 2023
CCE NOPR, DOE proposed to amend the
30 HTPG Decision and Order, 86 FR 14887 (March
19, 2021); Hussmann Decision and Order, 86 FR
24606 (May 7, 2021); KeepRite Decision and Order,
86 FR 24603 (May 7, 2021); RefPlus Interim Waiver,
86 FR 43633 (Aug. 10, 2021).
31 CO refrigeration systems are transcritical
2
because the high-temperature refrigerant that is
cooled by ambient air is in a supercritical state,
above the 87.8 °F critical point temperature, above
which the refrigerant cannot exist as separate vapor
and liquid phases.
PO 00000
Frm 00045
Fmt 4701
Sfmt 4700
82037
public reporting requirements at 10 CFR
429.53(b)(2)(iii) to require that
manufacturers report whether a given
basic model meets the definition of a
CO2 unit cooler as defined in the May
2023 Walk-ins TP Final Rule. 88 FR
67458, 67481 (see also, 10 CFR
431.302). DOE also proposed that
manufacturers would be required to
comply with the reporting requirement
beginning on the next certification
report annual filing date required for
walk-in components following the
publication of this final rule.32 Id. DOE
requested comments on its proposal to
require reporting of whether a basic
model meets the definition of a CO2 unit
cooler. Id.
DOE did not receive any comments on
its proposal to require reporting of
whether a basic model meets the
definition of a CO2 unit cooler. For the
reasons discussed in the preceding
paragraphs and the September 2023 CCE
NOPR, DOE is adopting these
amendments as proposed in the
September 2023 CCE NOPR.
DOE did receive comments specific to
its proposal regarding labeling of CO2
unit coolers. These comments are
discussed in section III.N.3.
c. Detachable Single-Packaged
Dedicated Systems and Attached Split
Systems
In the May 2023 Walk-ins TP Final
Rule, DOE defined a ‘‘detachable singlepackaged dedicated system’’ as a system
consisting of a dedicated condensing
unit and an insulated evaporator section
in which the evaporator section is
designed to be installed external to the
walk-in enclosure and circulating air
through the enclosure wall, and the
condensing unit is designed to be
installed either attached to the
evaporator section or mounted remotely
with a set of refrigerant lines connecting
the two components. 88 FR 28780,
28790. Since detachable singlepackaged dedicated systems have
thermal losses similar to those for
single-packaged dedicated systems, DOE
adopted the air enthalpy test method for
single-packaged dedicated systems in
the May 2023 Walk-ins TP Final Rule.
88 FR 28780, 28815–28816.
Additionally, DOE defined an
‘‘attached split system’’ in the May 2023
Walk-ins TP Final Rule as a matched
pair refrigeration system that is
designed to be installed with the
evaporator entirely inside the walk-in
enclosure and the condenser entirely
outside the walk-in enclosure, where
32 The annual certification report filings for walkins are due no later than August 1. See 10 CFR
429.12, Table 1 to paragraph (d).
E:\FR\FM\09OCR2.SGM
09OCR2
khammond on DSKJM1Z7X2PROD with RULES2
82038
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
the evaporator and condenser are
permanently connected with structural
members extending through the walk-in
wall. 88 FR 28780, 28790. DOE has
confirmed through testing that these
systems still experience some heat
leakage when compared to traditionally
installed systems that have the
dedicated condensing unit and the unit
cooler in separate housings. This heat
leakage has not been fully studied,
however, so in the May 2023 Walk-ins
TP Final Rule, DOE specified that these
systems should be tested as a matched
pair using refrigerant enthalpy methods.
88 FR 28780, 28816.
Although both detachable singlepackaged dedicated systems and
attached split systems would be
considered a ‘‘single-packaged
dedicated system,’’ the two would be
tested differently. Some of the
previously discussed test procedure
waivers specify basic models that meet
the definition of a detachable singlepackaged dedicated system or an
attached split system. To ensure
appropriate testing and consistent
reporting, it is important that these
models be identified during
certification.
Accordingly, in the September 2023
CCE NOPR, DOE proposed to amend the
public reporting requirements at 10 CFR
429.53(b)(2)(iii) to require that
manufacturers report whether a given
basic model meets the definition of a
‘‘detachable single-packaged dedicated
system’’ or an ‘‘attached split system’’ as
defined in the May 2023 Walk-ins TP
Final Rule. 88 FR 67458, 67481. DOE
also proposed that manufacturers would
be required to comply with the
proposed reporting requirement
beginning on the next certification
report annual filing date required for
walk-in components following the
publication of this final rule and
requested comment on this topic. Id.
DOE requested comment on these
proposed requirements. Id.
DOE did not receive any comments on
its proposal to require the reporting of
whether a basic model meets the
definition of a detachable singlepackaged dedicated system or an
attached split system. For the reasons
discussed in the preceding paragraphs
and the September 2023 CCE NOPR,
DOE is adopting these amendments as
proposed in the September 2023 CCE
NOPR.
d. Flooded Head Pressure Control
In the May 2023 Walk-ins TP Final
Rule, DOE adopted refrigerant charging
provisions for walk-in dedicated
condensing systems that use valves to
‘‘flood’’ the condenser with liquid
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
refrigerant to maintain sufficiently high
condensing temperature under cold air
temperatures. 88 FR 28780, 28804–
28806. Specifically, DOE noted that
charging in the ‘‘C’’ test condition rather
than the ‘‘A’’ test condition is
appropriate for dedicated condensing
systems (dedicated condensing units,
matched systems, and single-packaged
dedicated systems) that use a flooded
condenser design. Id. However, for
dedicated condensing systems that use
fan controls to maintain condensing
temperature for low ambient operating
conditions, the test procedure specifies
charging at the ‘‘A’’ test condition. 88
FR 28780, 28804–28806.
Accordingly, in the September 2023
CCE NOPR, DOE proposed to amend the
non-public reporting requirements at 10
CFR 429.53(b)(3)(ii) 33 to require that
manufacturers report whether a given
dedicated condensing system basic
model is sold with flooded head
pressure controls for maintaining
condensing temperature at low ambient
temperatures. 88 FR 67458, 67481. DOE
also proposed that manufacturers would
be required to comply with the
reporting requirement beginning on the
next certification report annual filing
date required for walk-in components
following the publication of this final
rule and requested comment on this
topic. Id. DOE requested comment on
this proposed requirement. Id.
DOE did not receive any comments on
its proposal to require the reporting of
whether a dedicated condensing system
basic model includes flooded head
pressure controls. For the reasons
discussed in the preceding paragraphs
and the September 2023 CCE NOPR,
DOE is adopting these amendments as
proposed in the September 2023 CCE
NOPR.
e. Compressor Break-In
Although the DOE test procedure for
walk-in refrigeration systems does not
require a compressor ‘‘break-in’’ period,
DOE recognizes that walk-in
refrigeration manufacturers may
routinely break-in the refrigeration
system compressor for some time prior
to conducting testing. This break-in
period can reduce variation in
compressor performance.
In a CAC/HPs test procedure final rule
published June 8, 2016, DOE noted that
the most significant improvements in
both compressor performance and
reduction in variation among
compressor models occur during
roughly the first 20 hours of run time.
81 FR 36992, 37034. Ultimately, DOE
adopted the provision to limit the
optional break-in period to 20 hours to
achieve the most uniform compressor
performance while limiting test burden.
Id. DOE additionally included
provisions for manufacturers to have the
option to report the use of a break-in
period and its duration as part of the
test data underlying their product
certifications, the use of the same breakin period specified in product
certifications for testing conducted by
DOE, and the use of the 20 hours breakin period for products certified using an
AEDM. 81 FR 36992, 37033.
Other DOE-regulated equipment (e.g.,
air-cooled unitary air conditioners and
heat pumps (‘‘CUACs and CUHPs’’),
DX–DOASes, CRACs, etc.) include
required or optional provisions for
compressor break-in either as part of the
test procedure or as a certification
option, so that any potential
enforcement testing uses conditions
similar to those used for rating a given
unit. Whether required or optional,
break-in duration is limited to a
maximum of 20 hours for dedicated
outdoor air supply units, SPVUs, and
CUACs.
Accordingly, in the September 2023
CCE NOPR, DOE proposed to amend the
non-public reporting requirements at 10
CFR 429.53(b)(3)(ii) 34 to provide an
option for manufacturers to report the
compressor break-in period, in hours,
used to obtain a basic model’s certified
rating; however, the break-in duration
may not exceed 20 hours in length. 88
FR 67458, 67482. DOE also proposed
that manufacturers would be required to
comply with the reporting requirement
beginning on the next certification
report annual filing date required for
walk-in components following the
publication of this final rule and
requested comment on this topic. Id.
DOE requested comment on its proposal
to provide an option for manufacturers
to report compressor break-in duration.
Id.
DOE did not receive any comments on
its proposal to amend the reporting
requirements and provide an option for
manufacturers to report compressor
break-in. For the reasons discussed in
the preceding paragraphs and the
September 2023 CCE NOPR, DOE is
adopting these amendments as proposed
in the September 2023 CCE NOPR.
33 Note that currently 10 CFR 429.53(b)(3)
specifies public reporting requirements. In this final
rule, DOE is revising 10 CFR 429.53(b) such that
paragraph (b)(2) specifies the public reporting
requirements and paragraph (b)(3) specifies nonpublic reporting requirements.
34 Note that currently 10 CFR 429.53(b)(3)
specifies public reporting requirements. In this final
rule, DOE revising 10 CFR 429.53(b) such that
paragraph (b)(2) specifies public reporting
requirements and paragraph (b)(3) specifies nonpublic reporting requirements.
PO 00000
Frm 00046
Fmt 4701
Sfmt 4700
E:\FR\FM\09OCR2.SGM
09OCR2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
f. Supplemental Testing Instructions
As discussed previously, DOE
requires manufacturers of covered
commercial HVAC equipment to submit
supplemental information regarding
additional testing instructions, if
applicable, and they must also specify
which, if any, special features were
included to rate a basic model. DOE also
requires supplemental testing
instructions from manufacturers of
commercial warm air furnaces (see 10
CFR 429.41(b)(4)), commercial
refrigeration equipment (see 10 CFR
429.42(b)(4)), and commercial water
heating equipment (see 10 CFR
429.44(c)(4)). The supplemental
information submitted in PDF format
provides information to allow for thirdparty laboratories to complete a valid
test according to the DOE test
procedure.
Consistent with its requirements for
other commercial equipment, in the
September 2023 CCE NOPR, DOE
proposed to require that, if such
information would be needed for a third
party to independently run a valid test,
manufacturers must submit
supplemental testing instructions at the
time each basic model is certified. 88 FR
67458, 67482. Supplemental testing
instructions for walk-ins might include
(but are not limited to) specific charging
instructions, control of fan cycling at
specific test conditions, and type of
expansion valve. Consistent with the
supplemental testing instructions DOE
has established for other commercial
equipment, DOE noted in the September
2023 CCE NOPR that any supplemental
information for testing walk-ins would
need to be consistent with manufacturer
installation instructions associated with
the equipment under test. See section
3.2.6 of appendix C to subpart R of 10
CFR part 431 and section 3.5.2.4 of
appendix C1 to subpart R of 10 CFR part
431. DOE further noted in the
September 2023 CCE NOPR that prior to
testing any walk-in refrigeration system
basic model under its enforcement
provisions, DOE would determine if
supplemental testing instructions were
included with certification of the basic
model. If supplemental testing
instructions were included with
certification, DOE would review these
instructions and compare them to the
manufacturer’s installation instructions.
Once DOE has determined that the
supplemental instructions are consistent
with the manufacturer’s installation
instructions, DOE would instruct the
third-party test lab to incorporate the
supplemental testing instructions into
its test plan. 88 FR 67458, 67481.
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
Under this proposal, DOE noted that
manufacturers would need to provide
the complete name of the PDF
containing the supplemental testing
instructions as part of the certification
report. DOE further stated in the
September 2023 CCE NOPR that if the
manufacturer changes the supplemental
testing instructions and as a result
changes the file name, then the
manufacturer must update the
certification report. Id.
In the September 2023 CCE NOPR,
DOE proposed to require that, if
necessary to run a valid test,
manufacturers must submit
supplemental testing instructions at the
time each basic model is certified. Id.
DOE also proposed that manufacturers
would be required to comply with the
reporting requirement beginning on the
next certification report annual filing
date required for walk-in components
following the publication of this final
rule. Id. DOE requested comment on its
proposal to require, if necessary to run
a valid test, supplemental testing
information as a PDF file at the time of
certification. Id.
In response to the September 2023
CCE NOPR, AHRI commented that it did
not oppose DOE’s proposal to require, if
necessary to run a valid test,
supplemental testing information as a
PDF file at the time of certification.
(AHRI, No. 18 at p. 11)
For the reasons discussed in the
preceding paragraphs and the
September 2023 CCE NOPR, DOE is
adopting these amendments as proposed
in the September 2023 CCE NOPR
g. Anti-Sweat Heater Wire With
Controls
For walk-ins with transparent reachin doors, EPCA prescribes specific ASHrelated requirements: (1) walk-ins
without anti-sweat heater controls must
have a heater power draw of no more
than 7.1 or 3.0 watts per square foot of
door opening for freezers and coolers,
respectively; (2) walk-ins with antisweat heater controls must either have
a heater power draw of no more than 7.1
or 3.0 watts per square foot of door
opening for freezers and coolers,
respectively; or (3) the anti-sweat heater
controls must reduce the energy use of
the heater in a quantity corresponding
to the relative humidity of the air
outside the door or to the condensation
on the inner glass pane for walk-ins
with more than 7.1 or 3.0 watts of antisweat heat per square foot of door
opening for freezers and coolers,
respectively. See 42 U.S.C.
6313(f)(3)(C)–(D). These requirements
are also codified at 10 CFR
431.306(b)(3)–(4).
PO 00000
Frm 00047
Fmt 4701
Sfmt 4700
82039
The current test procedure assigns
percent time off (‘‘PTO’’) values to
various walk-in door components,
including anti-sweat heaters, to reflect
the hours in a day that an electricityconsuming device operates at its full
rated or certified power. For walk-in
cooler doors with ASH controls, the
PTO value is 75 percent and for walkin freezer doors with ASH controls, the
PTO value is 50 percent. For doors
without ASH controls, the PTO is 0
percent. The test procedure does not
distinguish between types of ASH
controls, just the presence of them.
DOE recognizes that walk-in coolers
and freezers may be installed in a
variety of environments, including
different geographical climate zones,
different indoor building installations,
and even outdoor installations. Thus,
walk-ins may experience a wide variety
of ambient conditions. Consumers
looking to purchase walk-in doors with
ASH controls may benefit from publicly
available information on the conditions
at which the ASH is activated based on
any controls provided as part of the
door.
Additionally, during enforcement
testing, DOE calculates the door’s
energy consumption using the input
power listed on the nameplate of each
electricity-consuming device shipped
with the door. In the absence of a value
listed on the nameplate, DOE uses the
device’s rated input power included in
the door’s certification report. In the
absence of either a nameplate or
certified value, DOE may measure the
input power for the purposes of
calculating a door’s energy
consumption. 10 CFR 429.134(q)(4).
Manufacturers are required to certify to
DOE whether each electricityconsuming device, including ASH, has
controls. 10 CFR 429.53(b)(4)(i). If there
is no certification for the basic model,
it can be difficult to discern whether the
unit has controls without destroying the
door.
For these reasons, DOE proposed in
the September 2023 CCE NOPR that
manufacturers of doors with ASH
controls certify the conditions (i.e.,
temperature, humidity, etc.) at which
the controls activate the ASH wire. 88
FR 67458, 67483. DOE also proposed
that manufacturers would be required to
comply with the reporting requirement
beginning on the next certification
report annual filing date required for
walk-in components following the
publication of this final rule. Id. DOE
requested comments on its proposal to
require reporting of the conditions at
which the controls activate the ASH
wire for walk-in doors with ASH
controls. Id.
E:\FR\FM\09OCR2.SGM
09OCR2
khammond on DSKJM1Z7X2PROD with RULES2
82040
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
During the NOPR public meeting,
Dover Food Retail asked about the type
of doors (e.g., freight doors, personnel
pass-through doors, and display doors)
the ASH requirements would be
applicable to. Dover Food Retail
additionally commented that most of
the time in a commercial application
like a supermarket, the ASH control is
field-installed, field-supplied, fieldconnected, and not part of a display
door package and asked how such
information should be included on a
label. (Dover Food Retail, Public
Meeting Transcript, No. 6 at pp. 44–45)
As noted during the NOPR public
meeting, the ASH requirements are
applicable to all types of doors. DOE
additionally notes that in the September
2023 CCE NOPR, DOE did not propose
labeling requirements for doors with
ASH controls, but rather proposed
reporting (i.e., certification)
requirements for doors with ASH
controls. To the extent that basic models
of doors include manufacturer-supplied
factory or field-installed ASH controls
that are considered in the calculation of
daily energy consumption per the test
procedure at appendix A to subpart R of
10 CFR 431, the manufacturer should be
able to report the conditions at which
the controls they offer activate. DOE
understands the point made by Dover
Food Retail that the exact conditions
that the ASH controls are activated at in
the field may differ based on the
installation location. DOE has
concluded that requiring that
manufacturers of doors with ASH
controls certify the range of potential
conditions (i.e., temperature, humidity,
etc.) at which the controls activate the
ASH wire would address Dover Food
Retail’s concern. To the extent that basic
models of doors do not include
manufacturer-supplied ASH controls, it
would not be appropriate to consider
the presence of ASH controls in the
calculation of daily energy consumption
per the test procedure at appendix A to
subpart R of 10 CFR 431.
During the NOPR public meeting,
Scott Martin asked about the
compliance date for DOE’s proposed
ASH control reporting requirements.
(Scott Martin, Public Meeting
Transcript, No. 6 at pp. 46–47)
Manufacturers of doors with ASH
controls would be required to comply
with the reporting requirements adopted
in this final rule beginning on the next
certification report annual filing date
required for walk-in components
following 210 days after the publication
of this final rule (i.e., August 1).
ASAP et al. commented providing the
following editorial corrections to the
regulatory text proposed in the
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
September 2023 CCE NOPR at 10 CFR
429.53(b)(2)(i)(H): moving ‘‘in degrees
Fahrenheit’’ from the end of the
paragraph to be after the word
‘‘temperature’’ within parenthesis; and,
replacing ‘‘humidity’’ with ‘‘relative
humidity (in percent, %).’’ ASAP et al.
also noted that the word ‘‘antisweat’’
appeared both hyphenated and nonhyphenated in this section. (ASAP et al.,
No. 14 at p. 5)
DOE has concluded that the editorial
changes suggested by ASAP et al. do not
change the intent of what DOE proposed
and would provide further clarity to the
instruction. Therefore, DOE has
amended the regulatory text at 10 CFR
429.53(b)(2)(i)(H) to include the
editorial changes recommended by
ASAP et al. DOE has also replaced the
word ‘‘antisweat’’ with ‘‘anti-sweat’’ for
consistency in 10 CFR 429.53.
For the reasons discussed in the
preceding paragraphs and the
September 2023 CCE NOPR, DOE is
adopting the requirement that
manufacturers certify the range of
conditions at which the ASH controls
activate and with the minor corrections
recommended by ASAP et al.
h. Door Conduction Load
DOE’s test procedure for measuring
walk-in door energy consumption
accounts for thermal conduction
through the door and the direct and
indirect electricity use of any electrical
components associated with the door.
10 CFR 431.304(b)(1)-(2) and 10 CFR
part 431, subpart R, appendix A.
The direct and indirect electricity use
of the electrical components associated
with the door is based on the certified
or nameplate input power values of
each component, which are certified to
DOE as non-public information. DOE
does not, at present, require certification
of the thermal conduction through the
door.
In the September 2023 CCE NOPR,
DOE proposed to require certification of
thermal conduction load through the
door in Btu/h and proposed to add this
requirement to the non-public reporting
requirements in 10 CFR 429.53(b)(3)(i).
88 FR 67458, 67483. DOE stated that
manufacturers are already calculating
conduction load as part of the current
test procedure at sections 6.2.1 and 6.3.1
of appendix A to subpart R of 10 CFR
part 431 for display doors and nondisplay doors, respectively. DOE noted
that the conduction load is required for
calculating the daily energy
consumption. DOE has evaluated the
theoretical thermal conduction for all
walk-in doors certified to DOE and
found in some cases that the calculated
values may not be consistent with the
PO 00000
Frm 00048
Fmt 4701
Sfmt 4700
values that would be expected based on
the currently reported data (i.e., wattage,
presence of controls) for the door’s
electricity-consuming devices. To
remedy this situation, DOE proposed
that walk-in door manufacturers certify
thermal conduction load as non-public
data, in addition to the requirements
already listed in 10 CFR 429.53(b)(3)(i).
Id. DOE also proposed that
manufacturers would be required to
comply with the reporting requirement
beginning on the next certification
report annual filing date required for
walk-in components following the
publication of this final rule. DOE
requested comments on this proposal.
Id.
During the NOPR public meeting,
Hussmann asked if the conduction load
requirements were applicable to just a
solid door product or if they would also
apply to a solid, opaque, or transparent
display door. (Hussmann, Public
Meeting Transcript, No. 6 at p. 46)
DOE notes that the thermal
conduction load reporting requirements
proposed in the September 2023 CCE
NOPR would be applicable to all doors
(i.e., both display and non-display doors
as defined at 10 CFR 431.302).
For the reasons discussed in the
preceding paragraphs and the
September 2023 CCE NOPR, DOE is
adopting these amendments as proposed
in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR,
DOE proposed to align walk-in
certification reporting requirements
with the test procedure requirements
applicable to walk-ins manufactured on
and after October 31, 2023. 88 FR 67458,
67483. For all walk-in doors,
manufacturers currently report the door
type, R-value of the door insulation, a
declaration that the manufacturer has
incorporated the applicable design
requirements, door energy consumption,
rated surface area, rated power of each
light, heater wire, and/or other
electricity-consuming device and
whether such device(s) has a timer,
control system, or other demand-based
control that reduces the device’s power
consumption. For transparent reach-in
display doors and windows,
manufacturers must currently also
report the glass type of the doors and
windows, and the power draw of the
ASH. Based on the proposed reporting
requirements in the September 2023
CCE NOPR, manufacturers would
additionally report the conduction load
through the door, and the temperature
and/or humidity conditions at which
the ASH controls engage if the proposed
amendments are adopted. Id.
E:\FR\FM\09OCR2.SGM
09OCR2
khammond on DSKJM1Z7X2PROD with RULES2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
For walk-in refrigeration systems,
manufacturers currently report the
installed motor’s function purpose (i.e.,
evaporator fan motor or condenser fan
motor), its rated horsepower, a
declaration that the manufacturer has
incorporated the applicable walk-inspecific design requirements into the
motor, AWEF, net capacity, the
configuration tested for certification
(e.g., condensing unit only, unit cooler
only, single-packaged dedicated system,
or matched pair), and if an indoor
dedicated condensing unit is also
certified as an outdoor dedicated
condensing unit (and, if so, the basic
model number for the outdoor dedicated
condensing unit). In the September 2023
CCE NOPR, DOE noted that if the
proposed amendments are adopted,
manufacturers would additionally
report whether the basic model meets
the definition of a CO2 unit cooler,
whether a basic model meets the
definition of a detachable singlepackaged dedicated system or an
attached split system, whether a
dedicated condensing system has
flooded head pressure control, and
whether a compressor break-in period
was used, and if so, the duration of the
break-in period. Id. Additionally,
manufacturers would be required to
submit supplemental testing
instructions in PDF format if these
instructions are necessary to run a valid
test. Id.
In the September 2023 CCE NOPR,
DOE tentatively determined that these
proposed amendments would not
impose additional costs for
manufacturers because manufacturers of
walk-ins are already submitting
certification reports to DOE and should
have readily available the information
that DOE proposed to collect as part of
this rulemaking. DOE stated that it does
not believe the revised reporting
requirements will cause any appreciable
change in reporting burden or hours as
compared to what walk-in
manufacturers are currently doing
today, but DOE requested comment on
the certification reporting costs. Id.
DOE did not receive any comments on
the certification and reporting costs
associated with the proposed reporting
requirements for walk-ins. In this final
rule, DOE has determined that these
amendments would not cause any
measurable change in reporting burden
or hours for walk-in manufacturers.
Compliance with these amended
reporting requirements is not required
until the next annual certification report
filing date on or after 210 days after
publication of this final rule.
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
3. Labeling
If the Secretary has prescribed test
procedures for any class of covered
equipment, a labeling rule applicable to
such class of covered equipment must
be prescribed. See 42 U.S.C. 6315(a).
EPCA, however, also sets out certain
criteria that must be met prior to
prescribing a given labeling rule.
Specifically, to establish these
requirements, DOE must determine that:
(1) labeling in accordance with section
6315 is technologically and
economically feasible with respect to
any equipment class; (2) significant
energy savings will likely result from
such labeling; and (3) labeling in
accordance with section 6315 is likely
to assist consumers in making
purchasing decisions. (See 42 U.S.C.
6315(h))
If these criteria are met, EPCA
specifies certain aspects of equipment
labeling that DOE must consider in any
rulemaking establishing labeling
requirements for covered equipment. At
a minimum, such labels must include
the energy efficiency of the affected
equipment as tested under the
prescribed DOE test procedure. The
labeling provisions may also consider
the addition of other requirements,
including: (1) directions for the display
of the label; (2) a requirement to display
on the label additional information
related to energy efficiency or energy
consumption, which may include
instructions for maintenance and repair
of the covered equipment, as necessary,
to provide adequate information to
purchasers; and (3) requirements that
printed matter displayed or distributed
with the equipment at the point of sale
also include the information required to
be placed on the label. (42 U.S.C.
6315(b) and 42 U.S.C. 6315(c))
DOE previously established labeling
requirements for walk-in components,
codified at 10 CFR 431.305, in a final
rule published on December 28, 2016
(‘‘December 2016 Walk-in Final Rule’’).
81 FR 95758, 95802. For walk-in panels,
DOE had initially proposed in the NOPR
leading to the aforementioned final rule
to include the date of manufacture on
the nameplate of a panel. 81 FR 54925,
54942 (Aug. 17, 2016). At the time, DOE
estimated the total cost of applying
labels specifically to non-display doors
and panels, which may include date of
manufacture, to be less than 0.1 percent
of an average manufacturer’s annual
revenue. Id. In consideration of
stakeholder comments indicating that
affixing a panel label with date of
manufacture was not technologically
feasible, in the December 2016 Walk-in
Final Rule, DOE did not finalize its
PO 00000
Frm 00049
Fmt 4701
Sfmt 4700
82041
proposal to require the date of
manufacture on the nameplate. 81 FR
95758, 95802.
In the September 2023 CCE NOPR,
DOE again proposed to require that date
of manufacture be affixed to each walkin panel via the nameplate or via
another method (i.e., stamping) at 10
CFR 431.305(a)(1)(ii). 88 FR 67458,
67484. DOE has found that date of
manufacture is often included on the
nameplate or stamped elsewhere on
walk-in panels, indicating that it is not
overly burdensome to include and is
technologically feasible.
DOE did not receive any comments
regarding its proposal to require that
date of manufacture be affixed to each
walk-in panel via the nameplate or
another method. For the reasons
discussed in the preceding paragraphs
and the September 2023 CCE NOPR,
DOE is adopting the labeling
requirement to require that date of
manufacture be affixed to each walk-in
panel via the nameplate or via another
method (i.e., stamping) at 10 CFR
431.305(a)(1)(ii) as proposed in the
September 2023 CCE NOPR.
Additionally, in the May 2023 Walkins TP Final Rule, DOE added test
provisions for CO2 unit coolers. 88 FR
28780, 28809. To easily determine
which walk-in units these test
provisions apply to, DOE defined CO2
unit coolers as ‘‘unit coolers that
include a nameplate listing only CO2 as
an approved refrigerant.’’ 88 FR 28780,
28790. Based on walk-in units
previously tested by DOE, DOE expects
that most manufacturers are already
including a refrigerant indication on the
labels of walk-in unit coolers.
Additionally, as discussed in the May
2023 Walk-ins TP Final Rule,
manufacturers supported the finalized
definition for CO2 unit coolers,
including the language regarding the
nameplates. Id. DOE therefore
tentatively concluded in the September
2023 CCE NOPR that it would not be
burdensome for manufacturers to label
unit coolers designed for use with CO2
as a refrigerant. 88 FR 67458, 67484.
Additionally, DOE stated in the
September 2023 CCE NOPR that it
consulted with the Federal Trade
Commission (‘‘FTC’’), and they had no
comments on the amendment as
proposed in the September 2023 CCE
NOPR. Id. Therefore, in the September
2023 CCE NOPR, DOE proposed that
unit coolers designed to be used with
CO2 as a refrigerant include the
statement ‘‘Only CO2 is approved as a
refrigerant for this system’’ on the unit
nameplate. Id. DOE requested comments
on its proposal for labeling requirements
for walk-ins. Id.
E:\FR\FM\09OCR2.SGM
09OCR2
82042
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
In response, AHRI commented that it
opposed DOE’s proposal to require CO2
unit coolers be labeled with the
statement ‘‘Only CO2 is approved as a
refrigerant for this system.’’ AHRI stated
that refrigerant information is required
to be included on the equipment
nameplate per the equipment’s safety
standard, UL 60335–2–89,35 and
including further labeling with the same
information would be duplicative,
burdensome to include, and may
necessitate unnecessary costs. (AHRI,
No. 18 at p. 12; AHRI, Public Meeting
Transcript, No. 6 at pp. 42–43)
Given that CO2 unit coolers are
already required to include refrigerant
information on the equipment label (as
specified in the UL safety standard and
the CO2 unit cooler definition in 10 CFR
431.301), DOE agrees that duplicative
labeling requirements are unnecessary.
Accordingly, DOE is not adopting the
labeling requirements for CO2 unit
coolers that were discussed and
proposed in the September 2023 CCE
NOPR.
khammond on DSKJM1Z7X2PROD with RULES2
4. Labeling Costs and Impact
Labeling requirements for panels are
codified at 10 CFR 431.305(a). Since
manufacturers are already required to
apply a permanent nameplate to walkin panels, DOE stated in the September
2023 CCE NOPR that it assumes there
would be no additional cost to the
nameplate material or nameplate
application to include date of
manufacturer on the panel nameplate.
88 FR 67458, 67484. However, DOE
recognized that manufacturers may need
to make changes to panel nameplates to
include date of manufacture. Id.
In the September 2023 CCE NOPR,
DOE also stated it assumes that the date
of manufacture would be automatically
etched or printed on each nameplate
and that there would be a one-time cost
for programming date of manufacturer
into the nameplate printing software. Id.
DOE estimated that it would take an
electrical engineer a maximum of 8
hours to configure the nameplate
printing software. The fully burdened
wage for an electrical engineer at the
time of the September 2023 CCE NOPR
was $69.97,36 resulting in an estimated
35 AHRI’s comment referred to ISO 60335–2–89.
However, DOE understands that AHRI was likely
intending to refer to UL 60335–2–89, ‘‘Household
and similar electrical appliances—Safety—Part 2–
89: Particular requirements for commercial
refrigerating appliances and ice-makers with an
incorporated or remote refrigerant unit or motorcompressor,’’ published October 2021.
36 DOE estimated the hourly wage using data from
BLS’s ‘‘Occupational Employment and Wages, May
2022’’ publication. DOE used the ‘‘Electrical
Engineers’’ mean hourly wage of $48.28 to estimate
the hourly wage rate. www.bls.gov/oes/current/
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
one-time cost per manufacturer of $560
to include date of manufacture on panel
nameplates. Id.
DOE did not receive any comments on
its estimated costs. Additionally, for
labeling requirements pertaining to
printing or etching the date of
manufacture on each nameplate, the
fully burdened wage for an electrical
engineering as of December 2023 is
$79.46,37 resulting in an approximate
one-time cost per manufacturer of $640
to include date of manufacture on panel
nameplates.
O. Commercial and Industrial Pumps
DOE is amending the reporting
requirements for commercial and
industrial pumps (‘‘pumps’’), which
DOE defines as equipment designed to
move liquids (which may include
dissolved gases, free solids, and totally
dissolved solids) by physical or
mechanical action. A pump includes a
bare pump and, if included by the
manufacturer at the time of sale,
mechanical equipment, driver, and
controls. 10 CFR 431.462. DOE is not
adopting the additional requirements
proposed in the September 2023 CCE
NOPR in this final rule, as discussed in
the following sections.
1. Reporting
Under the existing requirements in 10
CFR 429.59(b)(2) and (b)(4),
manufacturers must report the following
as determined according to the DOE test
procedure at appendix A to subpart Y of
10 CFR part 431:
• For section III: the pump
configuration; the constant load pump
energy index (‘‘PEICL’’); the nominal
speed of rotation in revolutions per
minute (‘‘rpm’’); pump total head in feet
(‘‘ft’’) at BEP and nominal speed;
volume per unit time (‘‘flow rate’’) in
gallons per minute (‘‘gpm’’) at BEP and
nominal speed; calculated driver power
input at each load point corrected to
nominal speed, in horsepower (‘‘hp’’);
oes172071.htm. DOE then used BLS’s ‘‘Employer
Costs for Employee Compensation—June 2022’’ to
estimate that wages and salary account for
approximately 69 percent for private industry
workers. www.bls.gov/news.release/pdf/ecec.pdf
(last accessed Dec. 1, 2022). Therefore, DOE
estimated a fully burdened labor rate of $69.97
($48.28 ÷ 0.69 = $69.97).
37 DOE estimated the hourly wage using data from
BLS’s ‘‘Occupational Employment and Wages, May
2022’’ publication. DOE used the ‘‘Electrical
Engineers’’ mean hourly wage of $54.83 to estimate
the hourly wage rate. www.bls.gov/oes/current/
oes172071.htm (last accessed Dec. 19, 2023). DOE
then used BLS’s ‘‘Employer Costs for Employee
Compensation—September 2023’’ to estimate that
wages and salary account for approximately 69
percent for private industry workers. www.bls.gov/
news.release/pdf/ecec.pdf (last accessed Dec. 19,
2023). Therefore, DOE estimated a fully burdened
labor rate of $79.46 ($54.83 ÷ 0.69 = $69.97).
PO 00000
Frm 00050
Fmt 4701
Sfmt 4700
full impeller diameter in inches (‘‘in’’);
for radially split, multi-stage, vertical,
in-line diffuser casing (‘‘RSV’’) pumps
and submersible turbine (‘‘ST’’) pumps,
the number of stages tested; and for ST
pumps, the bowl diameter in inches
(‘‘in’’). 10 CFR 429.59(b)(2)(i); 10 CFR
429.59(b)(4)(i).
• For section IV or section V: all the
above in addition to whether the PEICL
is calculated or tested; and for pumps
sold with electric motors regulated by
DOE’s energy conservation standards for
electric motors, the nominal motor
efficiency in percent (‘‘%’’) and the
motor horsepower (‘‘hp’’) for the motor
with which the pump is being rated. 10
CFR 429.59(b)(2)(ii); 10 CFR
429.59(b)(4)(ii).
• For section VI or section VII: pump
configuration; variable load pump
energy index (‘‘PEIVL’’) instead of PEICL;
pump total head in feet (‘‘ft’’) at BEP
and nominal speed; volume per unit
time (‘‘flow rate’’) in gallons per minute
(‘‘gpm’’) at BEP and nominal speed;
driver power input measured as the
input power to the driver and controls
at each load point corrected to nominal
speed, in horsepower (‘‘hp’’), full
impeller diameter in inches (‘‘in’’);
whether PEIVL is calculated or tested;
for radially split, multi-stage, vertical,
in-line diffuser casing (‘‘RSV’’) pumps
and submersible turbine (‘‘ST’’) pumps,
the number of stages tested; for ST
pumps, the bowl diameter in inches
(‘‘in’’); and for pumps sold with electric
motors regulated by DOE’s energy
conservation standards for electric
motors, the nominal motor efficiency in
percent (‘‘%’’) and the motor
horsepower (‘‘hp’’) for the motor with
which the pump is being rated. 10 CFR
429.59(b)(2)(iii); 10 CFR
429.59(b)(4)(iii).
These requirements provide for
certifying compliance with the
standards for commercial and industrial
pumps manufactured on or after January
27, 2020 . Under the existing
requirements in 10 CFR 429.59(b)(3),
manufacturers have the option to report
pump efficiency at BEP in percent and
PERCL (for constant load pumps) or
pump efficiency at BEP in percent and
PERVL (for variable load pumps), as
determined according to appendix A to
subpart Y of 10 CFR part 431.
In the September 2023 CCE NOPR,
DOE proposed to require certification of
pump efficiency at BEP in percent,
PERCL, and PERVL—these metrics would
be added to the existing reporting
requirements in 10 CFR 429.59(b)(2). 88
FR 67458, 67485. DOE also proposed
that manufacturers would be required to
comply with the reporting requirement
beginning on the next certification
E:\FR\FM\09OCR2.SGM
09OCR2
khammond on DSKJM1Z7X2PROD with RULES2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
report annual filing date required for
commercial and industrial pumps
following the publication of this final
rule. Id.
Pump efficiency at BEP, PERCL, and
PERVL are required for calculating PEICL
or PEIVL. In the September 2023 CCE
NOPR, DOE noted that some
manufacturers are already reporting
pump efficiency at BEP, PERCL, and/or
PERVL, and these metrics are already
calculated in appendix A to subpart Y
of 10 CFR part 431. Id. DOE stated that
this reporting requirement would
standardize the information reported to
DOE by different pump manufacturers.
Id. In addition, having these metrics
available in DOE’s compliance
certification database would provide
pump end users with greater insight
into pump operation at part load
conditions. Id. DOE requested comment
on its proposed reporting requirements
for commercial and industrial pumps.
Id.
Grundfos commented opposing DOE’s
proposal for additional certification
reporting for pump efficiency at BEP in
percent, PEICL, and PEIVL, noting that
these data points were optional in the
January 2016 Pumps Test Procedure
Final Rule (81 FR 4086). Grundfos
commented that DOE’s rationale that
these data points would provide pump
end users with greater insight into
pump operation at part-load conditions
is false for the following reasons: pump
efficiency at BEP only applies to a single
load point (i.e., BEP); part-load power
inputs are already available in the
CCMS database and PER values can be
determined from this information; partload power inputs are marginally useful
given the limited number of pumps
operating at these specific load points;
end users can calculate their own
weighted averages based on their
specific system without the need for
DOE to mandate additional reporting;
and, additional data for pumps in the
CCMS database would serve only to
confuse the public. (Grundfos, No. 10 at
p. 1) Grundfos commented questioning
the reasoning behind DOE’s choice to
modify reporting of pump data within
this rulemaking instead of handling it
within the upcoming energy
conservation standards notice. Grundfos
stated that DOE should be working to
minimize burden on manufacturers and
not creating additional burden by
including modifications across multiple
regulatory actions. (Grundfos, No. 10 at
p. 2)
HI commented that DOE should not
include the proposed new reporting
requirements for commercial and
industrial pumps to additionally
include ‘‘pump efficiency at BEP in
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
percent’’ and ‘‘PERCL (for constant load
pumps)’’ or ‘‘PERVL (for variable load
pumps)’’ for the following reasons:
reporting these values would not
standardize reporting; it would not
provide users with part load
information; it would increase testing
and administrative burden without
energy savings benefit; and, these
requirements were not agreed to by the
ASRAC working group 38 because
reporting of these values was either
redundant or counterproductive to the
use of PEI. (HI, No. 20 at p. 2)
HI commented it was not clear what
DOE was asking for in the requirement
to report ‘‘pump efficiency at BEP.’’ HI
stated that depending on the section of
the test procedure that the pump is
tested, BEP could be determined based
on the bare pump efficiency (see
sections III, V, or VII) or overall
efficiency at BEP (see sections IV or VI).
HI commented that in the April 2022
Pumps Test Procedure NOPR (87 FR
21268), DOE changed the wording from
‘‘overall efficiency’’ to ‘‘pump
efficiency’’ for the section IV and VI
tests, which led HI to believe that DOE
is using the term ‘‘pump efficiency’’ and
‘‘overall efficiency’’ interchangeably
even though they are different,
according to HI. (HI, No. 20 at p. 2)
HI commented that DOE should not
start publishing ‘‘pump efficiency at
BEP’’ because it would cause confusion.
HI stated that PEI is the DOE regulatory
metric, which considers the pump
design flow rate, specific speed,
multiple tested load points, and driver
and control losses, while ‘‘pump
efficiency at BEP’’ is only useful for a
user purchasing a pump that will
operate at that BEP 100 percent of the
time. HI stated that comparing ‘‘pump
efficiency at BEP’’ for pumps with
different BEP flow and/or head will lead
to improper pump selection and higher
energy consumption. (HI, No. 20 at p. 2)
HI commented that PERCL and PERVL
could be calculated directly from driver
or control input power at the prescribed
load points and by requiring
manufacturers to report these redundant
values, DOE would be increasing the
chance of reporting errors, conflicting
38 On July 23, 2013, DOE issued a notice of intent
to establish a Working Group under the Appliance
Standards and Rulemaking Federal Advisory
Committee (‘‘ASRAC’’) to negotiate proposed
Federal standards for the energy efficiency of
commercial and industrial pumps (‘‘the CIP
Working Group’’). 78 FR 44036. DOE held seven
open meetings and two webinars, during which the
CIP Working Group discussed scope, metrics, test
procedures, and standard levels for pumps. The CIP
Working Group concluded their negotiations on
June 19, 2014 with a supportive vote on several
recommendations for DOE regarding the regulation
of pumps. (Docket No. EERE–2013–BT–NOC–0039,
No. 92)
PO 00000
Frm 00051
Fmt 4701
Sfmt 4700
82043
data, and confusion in the marketplace.
(HI, No. 20 at pp. 2–3)
HI commented the new reporting also
would not provide users with part load
information as suggested by DOE
because DOE has defined pump BEP as
100 percent flow rate. HI additionally
noted that the part load driver or control
input power that is used to calculate
PERCL and PERVL is already reported
and listed for each model on DOE’s
CCMS database and therefore, this
proposed addition would not add value
to a customer trying to identify the
energy consumption. (HI, No. 20 at p. 3)
ASAP et al. commented providing the
following editorial correction to the
regulatory text proposed in the
September 2023 CCE NOPR at 10 CFR
429.59(b)(2)(i): replacing Pini with Pini.
(ASAP et al., No. 14 at p. 5)
In response to ASAP et al., DOE is
replacing P ini with Piin in this
rulemaking to be consistent with
variables defined in subpart Y of 10 CFR
part 431.
As commented by HI, the efficiency at
BEP only represents one load point and
is not representative of part-load
applications, which is a common
technique used to properly size a pump.
Further, as commented by HI and
Grundfos, the proposed PERCL and
PERVL requirement would not provide
deeper insight into part-load conditions.
DOE has determined that the CCMS
database already collects sufficient data
for end users to correctly size pumps in
part load applications. Therefore, as
these proposed additional requirements
would not provide greater insight into
pump operation at part-load conditions,
DOE is not adopting the additional
reporting requirements proposed in the
September 2023 CCE NOPR in this final
rule.
In response to Grundfos’ comment
regarding the proposal to make this
change in the September 2023 CCE
NOPR instead of the next pumps
standards notice, DOE notes that it
published the September 2023 CCE
NOPR with proposed updates for up to
20 different products/equipment. DOE
conducts a single certification reporting
requirements rulemaking for combined
products and equipment because it
would be more onerous for DOE to
publish proposed and final certification
related rulemakings for each product/
equipment separately.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR,
DOE proposed to amend the reporting
requirements for commercial and
industrial pumps. 88 FR 67458, 67484.
In response, Grundfos and HI
commented regarding the costs that
E:\FR\FM\09OCR2.SGM
09OCR2
82044
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
would be incurred if DOE were to adopt
the proposed reporting requirements.
(Grundfos, No. 10 at p. 2; HI, No. 20 at
p. 3)
As discussed in section III.O.1, DOE
is not adopting the additional reporting
requirements of pump efficiency at BEP
in percent, PERCL, and PERVL.
Therefore, manufacturers would not
incur any additional certification
reporting costs as a result of this final
rule.
khammond on DSKJM1Z7X2PROD with RULES2
P. Portable Air Conditioners
DOE is amending the reporting
requirements for portable ACs, which
DOE defines as a consumer product that
consists of a portable encased assembly,
other than a ‘‘packaged terminal air
conditioner,’’ ‘‘room air conditioner,’’ or
‘‘dehumidifier,’’ that delivers cooled,
conditioned air to an enclosed space,
and is powered by single-phase electric
current. 10 CFR 430.2. In the portable
AC test procedure final rule published
on May 15, 2023 (‘‘May 2023 Portable
AC Final Rule’’), DOE amended the test
procedures for portable ACs at appendix
CC to subpart B of 10 CFR part 430
(‘‘appendix CC’’) to incorporate a
measure of variable-speed portable AC
performance and make minor clarifying
edits. 88 FR 31102. Consistent with that
final rule, DOE is amending the
reporting requirements.
1. Reporting
The current reporting requirements
for portable ACs at 10 CFR 429.62
include the following: (1) the combined
energy efficiency ratio (‘‘CEER’’) in Btu/
Wh); (2) the seasonally adjusted cooling
capacity (‘‘SACC’’) in Btu/h; (3) the duct
configuration (i.e., single-duct, dualduct, or ability to operate in both
configurations); (4) presence of heating
function; and (5) primary condensate
removal feature (i.e., auto-evaporation,
gravity drain, removable internal
collection bucket, or condensate pump).
10 CFR 429.62. These requirements
provide for certifying compliance with
the standards that will go into effect for
single-duct and dual-duct portable ACs
that are manufactured on or after
January 10, 2025. DOE is updating these
requirements and aligning the reporting
requirements with the recent test
procedure amendments and is also
adopting general certification
requirements for portable ACs. DOE
discusses these updates in the sections
as follows.
a. Duct-Configuration
DOE defines two portable AC
configurations: single-duct and dualduct. Single-duct portable ACs draw all
the condenser inlet air from the
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
conditioned space without the means of
a duct and discharge the condenser
outlet air outside the conditioned space
through a single duct attached to an
adjustable window bracket. Dual-duct
portable ACs draw some or all the
condenser inlet air from outside the
conditioned space through a duct
attached to an adjustable window
bracket, may draw additional condenser
inlet air from the conditioned space,
and discharge the condenser outlet air
outside the conditioned space by means
of a separate duct attached to an
adjustable window bracket. Id.
The current test procedure for
portable ACs, found in appendix CC,
notes that if a portable AC is able to
operate as both a single-duct and dualduct portable AC as distributed in
commerce by the manufacturer, it must
be tested and rated for both duct
configurations. Section 3.1.1 in
appendix CC.
Similarly, in 10 CFR 429.62(a)(5),
DOE states that single-duct and dualduct portable ACs distributed in
commerce by the manufacturer with
multiple duct configuration options that
meet DOE’s definitions for single-duct
portable AC and dual-duct portable AC,
must be rated and certified under both
applicable duct configurations.
Under the existing certification
reporting requirements in 10 CFR
429.62(b)(2), manufacturers of portable
ACs must report the following: (1) the
CEER in Btu/Wh; (2) the SACC in Btu/
h; (3) the duct configuration (i.e., singleduct, dual-duct, or ability to operate in
both configurations); (4) presence of
heating function; and (5) primary
condensate removal feature (i.e., autoevaporation, gravity drain, removable
internal collection bucket, or
condensate pump).
In the September 2023 CCE NOPR,
DOE proposed to include clarifying
amendments to these reporting
requirements to specify that each
certification report must include an
indication of the duct configuration
used for testing (i.e., single-duct or dualduct) and whether the certified model is
distributed in commerce by the
manufacturer with multiple duct
configuration options that meet DOE’s
definitions for single-duct portable AC
and dual-duct portable AC (i.e., yes or
no). 88 FR 67458, 67485–67486. DOE
requested comment on these proposed
reporting requirements for portable ACs.
Id.
ASAP et al. commented providing the
following editorial correction to the
regulatory text proposed in the
September 2023 CCE NOPR at 10 CFR
429.62(b)(2): replacing the text ‘‘the
ability to operate in both
PO 00000
Frm 00052
Fmt 4701
Sfmt 4700
configurations’’ with ‘‘the ability to
operate in both duct configurations.’’
(ASAP et al., No. 14 at p. 5)
DOE agrees that adding the word
‘‘duct’’ when referring to the ability of
a portable AC to operate in both singleduct and dual-duct configuration is a
helpful clarification and better
represents the intent of the proposal in
the September 2023 CCE NOPR.
For the reasons discussed in the
preceding paragraphs and the
September 2023 CCE NOPR, DOE is
adopting these amendments as proposed
in the September 2023 CCE NOPR with
the additional clarification as
recommended by commenters.
b. Full-Load Seasonally Adjusted
Cooling Capacity
In the May 2023 Portable AC Final
Rule, DOE amended the appendix CC
test procedures to include a new
capacity metric for variable-speed
portable ACs, full-load seasonally
adjusted cooling capacity (‘‘SACCFull’’),
for purposes of representation and
certification. 88 FR 31102, 31112–
31114. Consistent with that final rule, in
the September 2023 CCE NOPR, DOE
proposed to amend the certification
report requirements by adding a new
section, 10 CFR 429.62(b)(3), to require
reporting whether a basic model is
variable-speed, as defined in appendix
CC, and if so, to report the SACCFull, in
Btu/h. 88 FR 67458, 67486. DOE
requested comment on these proposed
requirements. Id.
ASAP et al. commented providing the
following editorial corrections to the
regulatory text proposed in the
September 2023 CCE NOPR at 10 CFR
429.62(b)(3): replacing ‘‘SACC_Full’’
with ‘‘SACCFull.’’ ASAP et al. also noted
that the current portable AC test
procedure specifies that variable-speed
units calculate SACCFull_SD and
SACCFull_DD for single- and dual-duct
configurations and this distinction
should be reflected in the certification
template. (ASAP et al., No. 14 at p. 5)
DOE agrees that the amended text in
10 CFR 429.62(b)(3) should have
consistent subscript formatting for the
SACCFull variable, and notes that this is
the current approach in 10 CFR
429.62(a)(2) and (3).
Regarding further clarification of
SACCFull, DOE notes that the reporting
requirements in 10 CFR 429.62(b)(2)
already require identifying the duct
configuration (i.e., single-duct or dualduct), so DOE does not expect there to
be confusion as to which SACCFull must
be reported (i.e., SACCFull_SD or
SACCFull_DD, for single-duct and dualduct, respectively). Furthermore, 10
CFR 429.62(b)(2) already introduces the
E:\FR\FM\09OCR2.SGM
09OCR2
khammond on DSKJM1Z7X2PROD with RULES2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
term ‘‘SACCFull’’ and refers to the DOE
test procedure where both SACCFull_SD
and SACCFull_DD are defined. Therefore,
DOE concludes that no further
clarification is needed to modify the text
of 10 CFR 429.62(b)(3) as proposed in
the September 2023 CCE NOPR. For the
reasons discussed in the preceding
paragraphs and the September 2023 CCE
NOPR, DOE is adopting the
amendments pertaining to reporting
SACCFull as proposed in the September
2023 CCE NOPR with the additional
clarifying amendments discussed above.
Q. Compressors
2. Reporting Costs and Impacts
Under the existing requirements in 10
CFR 429.63(b), a certification report
must include the following public
product-specific information for all
compressors: (1) full-load package
isentropic efficiency or part-load
package isentropic efficiency, as
applicable (dimensionless); (2) full-load
actual volume flow rate (in cubic feet
per minute); (3) compressor motor
nominal horsepower (in horsepower);
(4) full-load operating pressure (in
pounds per square inch, gauge); (5)
maximum full-flow operating pressure
(in pounds per square inch, gauge); and
(6) pressure ratio at full-load operating
pressure (dimensionless). 10 CFR
429.63(b)(i)–(vi).
In addition, for any ancillary
equipment that is installed for test, but
is not part of the compressor package as
distributed in commerce (per the
requirements of 10 CFR part 431,
subpart T, appendix A, section I(B)(4)),
a certification report must include the
following public product-specific
information: (1) a general description of
the ancillary equipment, based on the
list provided in the first column of
Table 1 of 10 CFR part 431, subpart T,
appendix A, section I(B)(4); (2) the
manufacturer of the ancillary
equipment; (3) the brand of the ancillary
equipment (if different from the
manufacturer); (4) the model number of
the ancillary equipment; (5) the serial
number of the ancillary equipment (if
applicable); (6) input voltage (if
applicable); (7) number of phases (if
applicable); (8) input frequency (if
applicable); (9) size of any connections
(if applicable); and (10) type of any
connections (if applicable). 10 CFR
429.63(b)(vii)(A)–(G). A certification
report must also include installation
instructions for the ancillary equipment,
accompanied by photos that clearly
illustrate the ancillary equipment, as
installed on compressor package, in a
PDF. 10 CFR 429.63(b)(vii)(H).
In the September 2023 CCE NOPR,
DOE noted that 10 CFR 429.12(a) states
that basic models of covered products
require annual filings on or before the
In the September 2023 CCE NOPR,
DOE proposed to align portable AC
certification reporting requirements
with the May 2023 Portable AC TP Final
Rule requirements applicable to
portable ACs manufactured on and after
June 14, 2023. 88 FR 67458, 67486.
For variable-speed portable ACs
tested in accordance with appendix CC
as amended in the May 2023 Portable
AC TP Final Rule, manufacturers
currently report CEER, SACC, the duct
configuration, presence of heating
function, and primary condensate
removal feature, and would additionally
report full-load SACC if the
amendments proposed in the September
2023 CCE NOPR are adopted. Id.
In the September 2023 CCE NOPR,
DOE tentatively determined that these
proposed amendments would not
impose additional costs for
manufacturers beyond those that were
estimated in the January 2020 Portable
ACs ECS Final Rule, which first
established the reporting requirements.
Id. DOE stated this was because
manufacturers of portable ACs should
already be collecting the information
required for the current certification
requirements and should have readily
available the information that DOE
proposed to collect as part of this
rulemaking. Id. DOE stated that it did
not believe the revised reporting
requirements would cause any
appreciable change in reporting burden
or hours as compared to what was
estimated in the January 2020 Portable
ACs ECS Final Rule. Id.
DOE did not receive any comments on
the certification and reporting costs
associated with the proposed reporting
requirements for portable ACs. In this
final rule, DOE makes a final
determination that these amendments
would not cause any measurable change
in reporting burden or hours for
portable AC manufacturers. Compliance
with these reporting requirements is
required 210 days after publication of
this final rule.
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
DOE is amending the reporting
requirements for compressors, which
DOE defines as machines or apparatuses
that convert different types of energy
into the potential energy of gas pressure
for displacement and compression of
gaseous media to any higher pressure
values above atmospheric pressure and
have a pressure ratio at full-load
operating pressure greater than 1.3. 10
CFR 431.342.
1. Reporting
PO 00000
Frm 00053
Fmt 4701
Sfmt 4700
82045
dates provided in 10 CFR 429.12(d), but
paragraph (d) does not specifically list
an annual filing date for compressors.
88 FR 67458, 67486. In light of this
omission, DOE proposed to explicitly
specify in 10 CFR 429.12(d) that
compressors should be recertified
annually on or before September 1. Id.
Because the energy conservation
standards for compressors do not take
effect until January 10, 2025, DOE noted
that this annual reporting requirement
would not be in effect until the
applicable energy conservation
standards are in effect. 88 FR 67458,
67486–67487. DOE requested comment
on the proposed annual filing date of
September 1 for compressors. 88 FR
67458, 67487.
During the NOPR public meeting,
Kaeser Compressors asked if
manufacturers have to upload
certification reports for all equipment
every year on the annual filing date
even if the certification reports have not
changed. (Kaeser Compressors, Public
Meeting Transcript, No. 6 at pp. 49–50)
DOE responded during the NOPR
public meeting noting that there is an
annual certification requirement for all
basic models that are currently in
production and being distribution in
commerce, as well as reporting of any
models that have been discontinued.
DOE noted that it was not necessary to
retest products or equipment and the
same rating that was reported when the
model was first introduced into
commerce may be used during the
annual filing requirement. (DOE, Public
Meeting Transcript, No. 6 at p. 50) For
the reasons discussed in the preceding
paragraphs and the September 2023 CCE
NOPR, DOE is adopting an annual filing
date of September 1 for compressors.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR,
DOE proposed no changes to the
reported information required for
compressors when certifying
compliance with the standards
applicable to compressors manufactured
on or after January 10, 2025. 88 FR
67458, 67487. DOE only proposed to
specify the annual date by which
manufacturers must submit annual
certification filings to DOE after the
applicable standards take effect. DOE
tentatively determined that the
proposed amendment would not impose
additional costs for manufacturers
because no amendments to the
certification report contents were
proposed in the September 2023 CCE
NOPR. DOE stated that it did not believe
the revised reporting requirements
would cause any appreciable change in
reporting burden or hours as compared
E:\FR\FM\09OCR2.SGM
09OCR2
82046
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
to what compressor manufacturers
would begin doing prior to the January
10, 2025 compliance date. Id.
DOE did not receive any comments on
the certification and reporting costs
associated with the proposed reporting
requirements for compressors. In this
final rule, DOE makes a final
determination that these amendments
would not cause any measurable change
in reporting burden or hours for
compressor manufacturers. As
discussed, DOE did not propose and is
not adopting any changes to the
reported information required for
compressors when certifying
compliance with the standards
applicable to compressors manufactured
on or after January 10, 2025. Therefore,
compliance with the existing reporting
requirements is required on and after
January 10. 2025. Annual certification
report filing, as established in this final
rule, is required annually thereafter on
September 1.
a. Motor Total Horsepower, Full-Load
Efficiency, and Design Requirements
In the June 2022 DPPPM NOPR, DOE
proposed performance standards (i.e.,
full load efficiency) and design
requirements (i.e., speed capability)
based on DPPPM total horsepower
(‘‘THP’’). 87 FR 37122, 37123–37124.
DOE proposed that the standards, if
adopted, would apply to all DPPPMs
manufactured in, or imported into, the
United States starting on the date 2
years (or 24 months) after the
publication of the final rule for the
proposed rulemaking. Id.
Further, for DPPPMs greater than or
equal to 0.5 THP, DOE proposed that
DPPPMs with freeze protection controls
be shipped with the freeze protection
feature disabled, or with the following
default, user-adjustable settings: (a) the
default dry-bulb air temperature setting
shall be no greater than 40 °F; (b) the
default run time setting shall be no
greater than 1 hour (before the
temperature is rechecked); and (c) the
R. Dedicated-Purpose Pool Pump Motors default motor speed in freeze protection
mode shall not be more than half of the
DOE is establishing reporting
maximum operating speed. 87 FR
requirements for DPPPMs, which are
37122, 37124.
electric motors that are single-phase or
As such, in the September 2023 CCE
polyphase and are designed and/or
NOPR, DOE proposed to update the
marketed for use in dedicated-purpose
reporting requirements to include
pool pump (‘‘DPPP’’) applications, as
product-specific information that would
defined in sections 1.2, 1.3, and 1.4 of
be required to certify compliance with
UL 1004–10:2020. 10 CFR 431.483. In
any newly established energy
the final rule published on September
conservation standards. 88 FR 67458,
28, 2023 (‘‘September 2023 DPPPM
67487. Accordingly, DOE proposed
Final Rule’’), DOE established energy
reporting the DPPPM THP, as the THP
conservation standards for DPPPMs. 88
is required to determine whether the
DPPPM would need to meet either a
FR 66966. Consistent with that final
performance standard or design
rule, DOE is establishing the reporting
requirements. DOE proposed that the
requirements.
represented value of THP should be
1. Reporting
determined as required at 10 CFR
429.65(c)(1)(v). Id.
There are currently no reporting
For DPPPMs less than 0.5 THP, DOE
requirements for DPPPMs. The
proposed reporting performance
September 2023 DPPPM Final Rule
standard in terms of full load efficiency.
established new energy conservation
DOE proposed using the test procedure
standards for DPPPMs. 88 FR 66966.
in 10 CFR 431.484 to determine fullTherefore, DOE is aligning the reporting
load efficiency, and to report the
requirements with the standards and
represented value of THP as required at
adopting general certification
10 CFR 429.65(c)(1)(v). Id.
requirements for DPPPMs.
For DPPPMs greater than or equal to
At the time of the September 2023
0.5 THP, DOE proposed reporting the
CCE NOPR, DOE’s proposed reporting
design requirements as follows:
requirements for DPPPMs were based on
(1) A statement confirming that the
the DPPPMs energy conservation
DPPPM is variable speed (as defined at
standards NOPR that published on June 10 CFR 431.483); and
21, 2022 (‘‘June 2022 DPPPM NOPR’’).
(2) A statement regarding whether
87 FR 37122. The following sections
freeze protection is shipped enabled or
discuss DOE’s proposals from the
disabled; for DPPPMs distributed in
September 2023 CCE NOPR, which were commerce with freeze protection
informed by the June 2022 DPPPM
controls enabled, DOE proposes
NOPR and the September 2023 DPPPM
reporting the default dry-bulb air
Final Rule. DOE discusses these updates temperature setting (in °F), default run
time setting (in minutes), maximum
in the sections as follows.
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
PO 00000
Frm 00054
Fmt 4701
Sfmt 4700
operating speed (in revolutions per
minute, or rpm), and default motor
speed in freeze protection mode (in
revolutions per minute, or rpm). Id.
Regarding general certification
requirements, DOE proposed that
annual filing for DPPPM shall be
submitted on or before September 1.
Further, DOE also proposed that the
requirements in 10 CFR 429.12
regarding certification apply to
DPPPMs. Id. DOE requested comment
on the proposed reporting requirements
for DPPPMs. Id.
Since publication of the September
2023 CCE NOPR, DOE has published the
September 2023 DPPPM Final Rule,
which adopted the same requirements
proposed in the June 2022 DPPPM
NOPR with one modification,
specifically, that DPPPMs with a motor
total horsepower ≥0.5 THP and <1.15
THP would not be required to comply
with energy conservation standards
until September 28, 2027, in contrast to
required compliance beginning
September 29, 2025 for the other two
equipment classes. 88 FR 66966.
DOE did not receive any comments
regarding the proposed reporting
requirement for DPPPMs. For the
reasons discussed in the preceding
paragraphs and the September 2023 CCE
NOPR, DOE is adopting these
amendments as proposed in the
September 2023 CCE NOPR.
b. Rounding Requirements
In the September 2023 CCE NOPR,
DOE proposed to specify rounding
requirements for values required to
determine compliance with the
proposed energy conservation
standards. 88 FR 67458, 67488.
Specifically, DOE proposed that
manufacturers round DPPPM THP to the
nearest hundredth of THP, consistent
with industry practice. Id. Further, DOE
proposed that manufacturers round full
load efficiency, expressed in percentage,
to the nearest tenth of a percent. Id. DOE
noted that this was consistent with how
the full load efficiency of an electric
motor is expressed at 10 CFR 431.25 and
10 CFR 431.446, and these electric
motors share test methods with
DPPPMs. Id. Finally, for DPPPM basic
models with THPs greater than or equal
to 0.5 THP and distributed in commerce
with freeze protection controls enabled,
DOE proposed to round the dry-bulb
temperature setting (expressed in °F)
run time setting (expressed in minutes),
maximum operating speed (expressed in
rpm), and default motor speed in freeze
protection mode (expressed in rpm) to
the nearest whole number. DOE noted
that this was consistent with how drybulb temperature is expressed in 10 CFR
E:\FR\FM\09OCR2.SGM
09OCR2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
431.465(h)(1). Id. DOE requested
comment on the proposed rounding
requirements for DPPPMs. Id.
Since publication of the September
2023 CCE NOPR, DOE has published the
September 2023 DPPPMs Final Rule,
which adopted the same requirements
as those proposed in the June 2022
DPPPM NOPR.
DOE did not receive any comments on
the proposed rounding requirements for
DPPPMs. For the reasons discussed in
the preceding paragraphs and the
September 2023 CCE NOPR, DOE is
adopting the rounding requirements for
DPPPMs as proposed in the September
2023 CCE NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR,
DOE proposed to align DPPPM
certification reporting requirements
with the energy conservation standard
requirements proposed in the June 2022
DPPPM NOPR for DPPPMs
manufactured starting on the date 2
years (24 months) after the date of final
rule publication of the energy
conservation standard in the Federal
Register. 88 FR 67458, 67488.
In the September 2023 CCE NOPR,
DOE noted that the addition of the
proposed reporting requirements for
DPPPMs would newly require
manufacturers to report performance
characteristics of these motors. Id. For
DPPPMs less than 0.5 THP, full-load
efficiency would need to be reported in
addition to THP, and for DPPPMs
greater than or equal to 0.5 THP, freeze
protection status and speed control
capability would need to be reported in
addition to THP. In the September 2023
CCE NOPR, DOE tentatively concluded
that these proposed changes would
impose additional cost to manufacturers
and importers. Id. The estimated costs
associated with these changes were
described in further detail in section
IV.C of the September 2023 CCE NOPR.
Id.
DOE did not receive any comments on
the certification and reporting costs
associated with the proposed reporting
requirements for DPPPMs. In this final
rule, DOE makes a final determination
that the certification reporting costs for
DPPPMs are consistent with those
estimated in the September 2023 CCE
NOPR, updated to current values, and
are discussed further in section IV.C of
this document. Compliance with these
reporting requirements is not required
until the compliance date of the new
standards.
S. Air Cleaners
DOE is establishing reporting
requirements for air cleaners, which
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
DOE defines as a product for improving
indoor air quality, other than a central
air conditioner, room air conditioner,
portable air conditioner, dehumidifier,
or furnace, that is an electrically
powered, self-contained, mechanically
encased assembly that contains means
to remove, destroy, or deactivate
particulates, VOCs, and/or
microorganisms from the air. It excludes
products that operate solely by means of
ultraviolet light without a fan for air
circulation. 10 CFR 430.2. In a direct
final rule published on April 11, 2023
(‘‘April 2023 Air Cleaners DFR’’), DOE
established new energy conservation
standards for air cleaners. 88 FR 21752.
Consistent with that direct final rule,
DOE is establishing new reporting
requirements for air cleaners.
1. Reporting
There are currently no reporting
requirements for air cleaners. The April
2023 Air Cleaners DFR established new
energy conservation standards for air
cleaners. 88 FR 21752. In the April 2023
Air Cleaners DFR, DOE established
energy conservation standards based on
integrated energy factor (‘‘IEF’’), which
is determined as the clean air delivery
rate (‘‘CADR’’) 39 of an air cleaner
expressed in terms of PM2.5 40 CADR
divided by the annual energy
consumption divided by the annual
active mode hours. 88 FR 21752, 27153–
21754. PM2.5 CADR is calculated as the
geometric mean of smoke CADR and
dust CADR. 88 FR 21752, 21762.
Therefore, DOE is establishing
reporting and general certification
requirements for air cleaners. DOE
discusses these updates in the following
paragraphs.
In the September 2023 CCE NOPR,
DOE proposed to establish reporting
requirements for air cleaners at 10 CFR
429.68(b) to include product-specific
information that would be required to
certify compliance with the newly
established energy conservation
standards. 88 FR 67458, 67488. DOE
39 Section 3.14 of the industry standard AHAM
AC–1–2020 defines CADR as the measure of the
delivery of contaminant free air, within a defined
particle size range, by an air cleaner, expressed in
cubic feet per minute (‘‘cfm’’). CADR is the rate of
contaminant reduction in the test chamber when
the air cleaner is turned on, minus the rate of
natural decay when the air cleaner is not running,
multiplied by the volume of the test chamber as
measured in cubic feet. Note: CADR values are
always the measurement of an air cleaner
performance as a complete system and have no
linear relationship to the air movement per se or to
the characteristics of any particle removal
methodology.
40 10 CFR part 430, appendix FF defines PM
2.5 via
reference to the industry standard AHAM AC–7–
2022, which defines it as particulate matter that are
nominally 2.5 micrometers (‘‘mm’’) in width or
smaller.
PO 00000
Frm 00055
Fmt 4701
Sfmt 4700
82047
proposed that parties must report the
smoke CADR, dust CADR, and PM2.5
CADR in cfm; annual energy
consumption in kWh/yr; and IEF in
PM2.5 CADR per watt. Id. DOE proposed
reporting requirements for smoke CADR
and dust CADR because these values are
used to determine PM2.5 CADR. Id.
Additionally, in a test procedure final
rule published on March 6, 2023 (March
2023 Air Cleaners TP Final Rule), DOE
established requirements for
determining pollen CADR and effective
room size. 88 FR 14014, 14016. In the
March 2023 Air Cleaners TP Final Rule,
DOE noted that many air cleaners are
marketed as providing pollen removal
and the ENERGY STAR specification for
air cleaners also requires reporting of
pollen CADR. DOE stated that it is
important that any representation
related to an air cleaner’s pollen CADR
performance be made based on testing
conducted in a repeatable and
representative manner. 88 FR 14014,
14034. Accordingly, in the March 2023
Air Cleaners TP Final Rule, DOE
referenced the AHAM AC–1–2020
standard to conduct a test to measure
pollen CADR. 88 FR 14014, 14035.
While DOE has not established any
energy conservation standards for
pollen, in the September 2023 CCE
NOPR, DOE proposed to include a
reporting requirement for pollen CADR
to ensure that consumers have reliable
information when making purchasing
decisions. 88 FR 67458, 67488.
Additionally, in the March 2023 Air
Cleaners TP Final Rule, DOE established
a metric for effective room size because
room size would strongly impact the
capacity of the air cleaner that would be
required to clean the air in the desired
room. 88 FR 14014, 14036 and 14038.
While DOE has not established any
standards pertaining to room size, in the
September 2023 CCE NOPR, DOE
proposed to include a reporting
requirement for effective room size, in
square feet, to ensure consumers have
reliable information when making
purchasing decisions. 88 FR 67458,
67488.
Regarding general certification
requirements, DOE proposed that the
annual filing for air cleaners shall be
submitted on or before December 1. Id.
Further, DOE proposed that the
requirements in 10 CFR 429.12
regarding certification apply to air
cleaners. Finally, DOE proposed to add
a new paragraph (i)(6) in 10 CFR 429.12
to note the compliance date for air
cleaners is December 31, 2023. Id.
DOE requested comment on the
proposed reporting requirements for air
cleaners. Id.
E:\FR\FM\09OCR2.SGM
09OCR2
khammond on DSKJM1Z7X2PROD with RULES2
82048
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
Carrier stated its support for DOE’s
proposal to require reporting of the
product-specific information that would
be required to certify compliance with
the newly established energy
conservation standards for air cleaners.
(Carrier, No. 12 at p. 3) AHAM
commented in support of the inclusion
of smoke CADR, dust CADR, and PM2.5
CADR for air cleaner certification
because smoke CADR and dust CADR
are used to calculate PM2.5 CADR.
AHAM also commented in support of
the reporting requirements for annual
energy consumption, integrated energy
factor, and room size. (AHAM, No. 16 at
p. 6) ASAP et al. stated their support for
DOE’s proposed reporting requirements
for air cleaners pertaining to smoke
CADR, dust CADR, and pollen CADR (if
measured). ASAP et al. commented that
smoke CADR, dust CADR, and pollen
CADR are commonly used by
manufacturers in marketing these
products, and the ENERGY STAR
specification for air cleaners has
required the reporting of smoke CADR,
dust CADR, and pollen CADR since
2011. For these reasons, ASAP et al.
commented in support of the proposed
CADR reporting requirements because
ASAP et al. noted that such
requirements would help ensure that
CADR performance claims can be
trusted metrics for use by consumers
making purchasing decisions. (ASAP et
al., No. 14 at pp. 2–3) ASAP et al.
commented in support of the room size
reporting requirement for room air
cleaners as the physical dimensions of
a room influence the capacity of the air
cleaner that would be needed to
adequately clean the air in that space,
which helps ensure that consumers
have appropriate information to make
informed purchasing decisions. (ASAP
et al., No. 14 at p. 3)
Carrier commented supporting the
reporting requirements for pollen CADR
and effective room size. (Carrier, No. 12
at p. 3) AHAM commented objecting to
the reporting requirement for pollen
CADR for air cleaners as part of DOE’s
information collection. (AHAM, Public
Meeting Transcript, No. 6 at p. 52;
AHAM, No. 9 at p. 2; AHAM, No. 16 at
p. 6) AHAM stated that DOE does not
regulate pollen CADR and pollen CADR
has no relation to demonstrating
compliance with the applicable
standard and is therefore outside DOE’s
approved information collection under
PRA. AHAM commented that it is not
within the scope of DOE’s authority to
collect this data, and should
manufacturers make pollen-related
claims, inaccuracies of such claims fall
within the purview of the Federal Trade
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
Commission. (AHAM, No. 16 at p. 6)
AHAM stated that collecting data not
necessary to demonstrating compliance
with energy conservation standard is
outside of DOE’s approved information
collection under the PRA and that DOE
is obligated by the PRA to demonstrate
the practical utility of information
collected. AHAM argued that pollen
CADR does not have practical utility in
the context of the currently applicable
standards because the information is
unnecessary to demonstrate compliance
with those standards. (AHAM, No. 16 at
pp. 6–7)
In response, DOE established a test
procedure for pollen CADR to enable
consistent and meaningful
representations of metrics most
desirable to consumers (88 FR 14014,
14034; 87 FR 63324, 63339). DOE
recognizes that pollen CADR is not
needed to determine compliance with
air cleaner standards. While this metric
may help inform consumers making
purchasing decisions, DOE is not
adopting the proposal from the
September 2023 CCE NOPR that pollen
CADR be reported to DOE.
During the NOPR public meeting,
AHRI questioned if the air cleaners
template would have secondary
validation for PM2.5 CADR based on the
values entered for smoke CADR and
dust CADR. AHRI noted that templates
for some other product and equipment
categories do not allow input values to
be higher than the value calculated
using the formula entered for validation.
(AHRI, Public Meeting Transcript, No. 6
at pp. 54–55)
DOE appreciates AHRI’s question
regarding PM2.5 CADR validation based
on the values entered for smoke CADR
and dust CADR. In this final rule, DOE
is only adopting reporting requirements
as described for air cleaners. DOE may
consider additional validation checks
on data submitted in the certification
template to identify reporting errors.
ASAP et al. noted that the proposed
regulatory language for air cleaners
refers to ‘‘room size’’, while the test
procedure specifies ‘‘effective room
size.’’ ASAP et al. commented
encouraging DOE to specify ‘‘effective
room size’’ in the regulatory language
and the draft certification template to be
consistent with the language in the test
procedure. (ASAP, et al., No. 14 at p. 3)
DOE agrees that effective room size is
the correct language to use and has
updated the language in 10 CFR 429.68
to ensure consistency.
AHAM commented that there is a
typographical error relating to 10 CFR
429.68(a)(2)(ii), in which the language
‘‘equal to the high’’ should instead have
stated ‘‘equal to the lower.’’ (AHAM,
PO 00000
Frm 00056
Fmt 4701
Sfmt 4700
No. 16 at p. 7; AHAM, Public Meeting
Transcript, No. 6 at p. 55)
DOE agrees that the language in 10
CFR 429.68(a)(2)(ii) includes an error
and is correcting the text as suggested
by AHAM, consistent with the language
used in other product-specific
certification requirement sections in 10
CFR 429.
AHAM commented that the
September 2023 CCE NOPR did not
specify how air cleaners with
uninstalled filters should be tested and
certified under DOE’s certification
program. AHAM stated that DOE should
add language to ensure consistency with
AHAM AC–7–2022,41 which DOE
references, but AHAM noted it is with
insufficient specificity. AHAM
commented that DOE should
incorporate language to harmonize with
section 3.6.1 in AHAM AC–7–2022
stating that filters that accompany the
product in its package must be installed
for energy testing and certification.
(AHAM, No. 16 at p. 7)
DOE notes that the air cleaners test
procedure at 10 CFR 430, subpart B,
appendix FF (‘‘appendix FF’’)
incorporates by reference AHAM AC–7–
2022, including section 3.6.1, which
specifies that the filters accompanying
the product in its package must be
installed while conducting energy
testing and replacement filters shall be
used for the run-in period. As such, this
requirement does not need to be
specified in the certification reporting
requirements since it is a testing
provision, and it is adequately specified
in the test procedure at appendix FF.
During the NOPR public meeting,
AHAM referenced the tolerance on the
rated values of CADR and effective room
size during enforcement testing. AHAM
noted that the CADR values are a
reported value, but not a regulated value
and the proposed certification
requirements state that the mean of the
measured CADR values must be
reported without applying any tolerance
to this value. (AHAM, Public Meeting
Transcript, No. 6 at p. 53) In written
comments, AHAM additionally
commented that for assessment and
enforcement testing of air cleaners, DOE
should use rated CADR to calculate
CADR so long as measured CADR
results are within 10 percent of reported
results; otherwise, DOE should use
measured results. AHAM commented
that the 10-percent tolerance value is
consistent with AHAM’s room air
cleaner certification program and based
on historical experience and past
statistical studies where AHAM found
41 Energy Test Method for Consumer Room Air
Cleaners. AHAM AC–7–2022.
E:\FR\FM\09OCR2.SGM
09OCR2
khammond on DSKJM1Z7X2PROD with RULES2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
that smoke CADR or dust CADR with
10-percent tolerance was reflective of
the within-test and between-product
variation of both the air cleaner and its
filter(s). AHAM additionally
commented that the 10-percent
tolerance value has been studied on
CADR ranges that would historically
have been within ANSI/AHAM AC–1 42
and are now within AHAM AC–7–2022,
and this tolerance will address the
variation that occurs in the manufacture
and testing of air cleaners. (AHAM, No.
16 at pp. 7–8)
While DOE recognizes that an
enforcement provision pertaining to the
allowable tolerance on CADR values
may be appropriate, DOE has not
provided stakeholders an opportunity to
provide comment on such a tolerance
requirement for smoke CADR and dust
CADR; therefore, DOE is not including
a CADR tolerance in this rulemaking.
DOE may consider including a CADR
enforcement tolerance in a future
rulemaking.
During the NOPR public meeting,
AHRI commented asking when the
templates would be available for air
cleaners, which has a compliance date
starting December 31, 2023. AHRI also
asked if there would be an enforcement
grace period. (AHRI, Public Meeting
Transcript, No. 6 at p. 56) AHAM
commented that air cleaner
manufacturers are in a precarious
position because there is an established
energy conservation standard for air
cleaners, but the reporting requirements
are not yet established. AHAM
commented requesting a 180-day lead-in
period for air cleaner manufacturers to
comply with the certification and
enforcement requirements finalized in
this rulemaking. AHAM commented
that the 180-day period should begin
when a final reporting template is
available from DOE and the reporting
portal is established. AHAM
commented encouraging DOE to make a
reporting template available
immediately upon publication of a final
rule. (AHAM, No. 16 at p. 8)
Compliance with the air cleaners
standards was required for air cleaners
manufactured beginning December 31,
2023. However, DOE recognizes that
manufacturers require some lead-in time
to familiarize themselves with the new
certification template and input relevant
data. As a result, DOE is not requiring
compliance with the air cleaners
reporting requirements until 210 days
after publication of this final rule,
although manufacturers may choose to
42 Method for Measuring Performance of Portable
Household Electric Room Air Cleaners.
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
submit certification reports prior to that
date.
For the reasons discussed in the
preceding paragraphs and the
September 2023 CCE NOPR, DOE is
adopting these amendments as proposed
in the September 2023 CCE NOPR, with
a minor clarification to use the term
‘‘effective room size’’.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR,
DOE proposed to align air cleaner
certification reporting requirements
with the energy conservation standard
requirements established in the April
2023 Air Cleaners DFR, such that the
reporting requirements are applicable to
air cleaners manufactured on and after
December 31, 2023. 88 FR 67458, 67488.
In the September 2023 CCE NOPR,
DOE stated that the addition of the
proposed reporting requirements for air
cleaners would newly require
manufacturers to report this
information. DOE stated it tentatively
concluded that these proposed reporting
requirements would impose additional
cost to manufacturers and importers. 88
FR 67458, 67458, 67489. The costs
estimated in the September 2023 CCE
NOPR associated with the proposed
changes were described in further detail
in section IV.C of that NOPR. Id.
DOE did not receive any comments on
the certification and reporting costs
associated with the proposed reporting
requirements for air cleaners. In this
final rule, DOE makes a final
determination that the certification
reporting costs for air cleaners are
consistent with those estimated in the
September 2023 CCE NOPR and are
discussed in further detail in section
IV.C of this document. Compliance with
these reporting requirements is not
required until 210 days after publication
of this final rule.
T. Single Package Vertical Units
DOE is amending the reporting
requirements for single package vertical
air conditioners (‘‘SPVACs’’) and single
package vertical heat pumps
(‘‘SPVHPs’’), collectively referred to as
‘‘single package vertical units’’
(‘‘SPVUs’’).
DOE defines an SPVAC as air-cooled
commercial package air conditioning
and heating equipment that: (1) is
factory-assembled as a single package
that: (i) has major components that are
arranged vertically; (ii) is an encased
combination of cooling and optional
heating components; and (iii) is
intended for exterior mounting on,
adjacent interior to, or through an
outside wall; (2) is powered by a singlephase or three-phase current; (3) may
PO 00000
Frm 00057
Fmt 4701
Sfmt 4700
82049
contain one or more separate indoor
grilles, outdoor louvers, various
ventilation options, indoor free air
discharges, ductwork, well plenum, or
sleeves; and (4) has heating components
that may include electrical resistance,
steam, hot water, or gas, but may not
include reverse cycle refrigeration as a
heating means. 10 CFR 431.92.
Additionally, DOE defines an SPVHP as
a single package vertical air conditioner
that: (1) uses reverse cycle refrigeration
as its primary heat source; and (2) may
include secondary supplemental heating
by means of electrical resistance, steam,
hot water, or gas. Id.
In a test procedure final rule
published in the Federal Register on
December 7, 2022 (‘‘December 2022
SPVU TP final rule’’), DOE added
definitions for ‘‘single-phase single
package vertical air conditioner with
cooling capacity less than 65,000 Btu/h’’
and ‘‘single-phase single package
vertical heat pump with cooling
capacity less than 65,000 Btu/h.’’ 87 FR
75144, 75167–75168; 10 CFR 431.92.
DOE defines this equipment as SPVACs
and SPVHPs with a cooling capacity
less than 65,000 Btu/h that are either:
(1) weatherized, or (2) non-weatherized
and have optional ventilation air
provisions available with the ability to
draw in and condition a minimum of
400 CFM of outdoor air, as determined
in accordance with 10 CFR
429.134(x)(3), while the equipment is
operating with the same drive kit and
motor settings used to determine the
certified efficiency rating of the
equipment. Id.
The Federal test procedures are
applicable to SPVUs with a cooling
capacity less than 760,000 Btu/h. (42
U.S.C. 6311(8)(D)(ii)) In the December
2022 SPVU TP final rule, DOE
incorporated by reference AHRI 390–
2021 which maintains the existing
efficiency metrics—energy efficiency
ratio (‘‘EER’’) for cooling mode and
coefficient of performance (‘‘COP’’) for
heating mode—but it also added a
seasonal efficiency metric that includes
part-load cooling performance—
integrated energy efficiency ratio
(‘‘IEER’’). 87 FR 75144, 75167–75170
(Dec. 7, 2022). In an energy conservation
standards NOPR published in the
Federal Register on December 8, 2022
(‘‘December 2022 SPVU ECS NOPR’’),
DOE proposed to amend the energy
conservation standards for SPVUs to be
based on the IEER metric for cooling
efficiency (while retaining the COP
metric for determining the heating
efficiency of SPVHPs). 87 FR 75388,
75421. Consistent with the December
2022 SPVU TP Final Rule and the
December 2022 SPVU ECS NOPR, DOE
E:\FR\FM\09OCR2.SGM
09OCR2
82050
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
is amending the reporting requirements
for SPVUs that would be utilized with
energy conservation standards
denominated in terms of IEER, should
DOE adopt such standards.
khammond on DSKJM1Z7X2PROD with RULES2
1. Reporting
Under the existing requirements for
SPVACs and SPVHPs in 10 CFR
429.43(b)(2)(v) and 10 CFR
429.43(b)(2)(vi), respectively,
manufacturers must report the following
information for SPVACs and SPVHPs:
the energy efficiency ratio (EER in
British thermal units per Watt-hour
(Btu/Wh)) and the rated cooling
capacity in British thermal units per
hour (Btu/h). For SPVHPs,
manufacturers must additionally report
COP.
These requirements provide for
certifying compliance with the
applicable standards for SPVUs
manufactured on and after September
23, 2019 for units with cooling capacity
<65,000 Btu/h, on and after October 9,
2015 for units ≥65,000 Btu/h and
<135,000 Btu/h, and on and after
October 9, 2016 for units ≥135,000 Btu/
h and <240,000 Btu/h. These energy
conservation standards for SPVUs are
codified in DOE’s regulations at 10 CFR
431.97(d)(3). DOE is updating these
requirements and aligning the reporting
requirements with the amended energy
conservation standards proposed in the
December 2022 SPVU ECS NOPR. DOE
discusses these updates in the sections
as follows.
a. Revising Certification Reporting
Requirements at 10 CFR 429.43(b)(2)(v)
and 10 CFR 429.43(b)(2)(vi) When
Certifying SPVUs of All Rated
Capacities With IEER Standards
SPVU manufacturers are currently
required to certify compliance with EER
and, for SPVHPs, COP standards, in
addition to the other reported items
mentioned previously. In the September
2023 CCE NOPR, DOE proposed
certification requirements when
certifying compliance of SPVUs of all
rated capacities with IEER standards,
should such standards be adopted. 88
FR 67458, 67489. Specifically, DOE
proposed to include the following at 10
CFR 429.43(b)(2)(v)(B) and (b)(2)(vi)(B)
when certifying compliance with an
IEER standard: the integrated energy
efficiency ratio (IEER in British thermal
units per Watt-hour (Btu/Wh)), the rated
cooling capacity in British thermal units
per hour (Btu/h), and the rated airflow
in standard cubic feet per minute
(SCFM). Id. Additionally, DOE proposed
to include a requirement to certify the
coefficient of performance (COP) for
SPVHPs at 10 CFR 429.43(b)(2)(vi)(B).
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
Id. DOE also proposed to move the
existing text in 10 CFR 429.43(b)(2)(v)
and 10 CFR 429.43(b)(2)(vi) to 10 CFR
429.43(b)(2)(v)(A) and 10 CFR
429.43(b)(2)(vi)(A), respectively. DOE
requested comments on its proposed
certification requirements for SPVUs of
all rated capacities when certifying
compliance with IEER standards. Id.
AHRI commented that the ‘‘Action’’
field was inadvertently omitted from the
draft template and stated that this field
is standard for DOE templates and needs
to be included in the final version.
(AHRI, No. 18 at p. 12) During the
NOPR public meeting, AHRI stated that
the current template for SPVUs does not
have a distinction between weatherized
or non-weatherized equipment and
added that the certification templates
should be published closer to the final
rule that actually adopt the changes.
(AHRI, Public Meeting Transcript, No. 6
at pp. 62–63) However, in its written
comment, AHRI stated that it
understands the proposed additional
certification requirements for SPVUs are
necessary based on the definitions
adopted in the test procedure final rule
(AHRI, No. 18 at p. 12)
ASAP et al. commented by providing
the following suggested editorial
changes to the regulatory text proposed
in the September 2023 CCE NOPR at 10
CFR 429.43(b)(2)(v)(B) and 10 CFR
429.43(b)(2)(vi)(B): removing the word
‘‘rate’’ from ‘‘airflow rate of outdoor
ventilation air.’’ (ASAP et al., No. 14 at
p. 4)
Regarding the proposed regulatory
text at 10 CFR 429.43(b)(4)(vii)(B),
ASAP et al. commented that the draft
certification template for SPVACs did
not include a field to report the
compressor break-in period duration.
(ASAP et al., No. 14 at p. 5)
With regards to AHRI’s comment that
the ‘‘Action’’ field was inadvertently
omitted from the draft template, DOE
notes that the ‘‘Action’’ column will be
included in the final template that is
posted for use. With regards to AHRI’s
comment that there was no distinction
in the template for weatherized or nonweatherized, DOE notes that this was
included in the draft certification
template column headers published
along with the September 2023 CCE
NOPR in the docket for this rulemaking
and that AHRI did not comment on any
issues concerning the distinction for
weatherized and non-weatherized in its
written comment. In reference to ASAP
et al.’s comment that the template did
not include a field to report the breakin period, DOE notes that the proposed
requirements would include the
compressor break-in period in the
supplemental testing instructions.
PO 00000
Frm 00058
Fmt 4701
Sfmt 4700
Finally, with respect to ASAP et al.’s
recommendation to remove the word
‘‘rate’’ from DOE’s proposed language in
10 CFR 429.43, DOE notes that the term
‘‘airflow rate’’ is used throughout AHRI
390–2021, which is the industry test
procedure incorporated by reference by
DOE for SPVUs. As a result, to prevent
confusion and to maintain consistency
with the prevailing industry test
standard, DOE is maintaining the
language as proposed.
Therefore, for the reasons discussed,
DOE is adopting this amendment as
proposed in the September 2023 CCE
NOPR.
b. Additional Certification Reporting
Requirements for SPVUs With a Cooling
Capacity <65,000 Btu/h
As discussed previously, DOE added
definitions at 10 CFR 431.92 for singlephase SPVACs and SPVHPs with a
cooling capacity less than 65,000 Btu/h.
For non-weatherized equipment, the
definition requires these SPVUs to have
the capability to draw in and condition
up to 400 CFM of outdoor air. The
method for determining this outdoor
ventilation airflow rate is provided at 10
CFR 429.134(x)(3). In the September
2023 CCE NOPR, DOE proposed to
require single-phase SPVAC and SPVHP
with cooling capacity less than 65,000
Btu/h to report whether the unit is
weatherized or non-weatherized, and if
non-weatherized, the amount of outdoor
air it is capable of drawing in and
conditioning while the equipment is
operating with the same drive kit and
motor settings used to determine its
certified efficiency rating. 88 FR 67458,
67489. DOE noted that these
requirements would apply when
certifying compliance with energy
conservation standards denominated in
terms of IEER, should DOE adopt such
standards. Id. at 88 FR 67489–67490.
DOE requested comment on these
proposed additional reporting
requirements for SPVUs. Id.
AHRI commented that it did not
oppose DOE’s proposed certification
requirements for SPVUs of all rated
capacities when certifying compliance
with IEER standards. (AHRI, No. 18 at
p. 12)
For the reasons discussed in the
preceding paragraphs and the
September 2023 CCE NOPR, DOE is
adopting this amendment as proposed
in the September 2023 CCE NOPR.
c. Updating Supplemental Testing
Instructions for SPVACs and SPVHPs
Manufacturers of SPVUs are currently
required to submit Supplemental
Testing Instructions (‘‘STIs’’) regarding:
additional test instructions if applicable;
E:\FR\FM\09OCR2.SGM
09OCR2
khammond on DSKJM1Z7X2PROD with RULES2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
if a variety of motors/drive kits are
offered for sale as options in the basic
model to account for varying
installation requirements, the model
number and specifications of the motor
(to include efficiency, horsepower,
open/closed, and number of poles) and
the drive kit, including settings,
associated with that specific motor that
were used to determine the certified
rating; and which, if any, special
features were included in rating the
basic model. 10 CFR 429.43(b)(4)(vi)
and (b)(4)(vii). In the September 2023
CCE NOPR, DOE proposed to further
specify the information manufacturers
must report in their STIs that would
enable the independent testing of the
relevant equipment to the updated test
procedure in terms of IEER, including
requirements to report compressor
break-in period and outdoor air-side
attachments, and aligning with
corresponding requirements for CUACs,
where appropriate. 88 FR 67458, 67490.
In all, DOE proposed to maintain the
current requirements of 10 CFR
429.43(b)(4)(vi) and (b)(4)(vii), but move
them to 10 CFR 429.43(b)(4)(vi)(A) and
(b)(4)(vii)(A) respectively for EER
certification. Id. DOE proposed to add
new provisions for SPVACs and
SPVHPs in 10 CFR 429.43(b)(4)(vi)(B)
and (b)(4)(vii)(B) for IEER certification
to require: Compressor break-in period
duration; rated indoor airflow in
standard cubic feet per minute
(‘‘SCFM’’); frequency or control set
points, including the required dip
switch/control settings for step or
variable-speed components (e.g.,
compressors, VFDs); rated indoor
airflow in SCFM for each part-load
point used in the IEER calculation and
any special instructions required to
obtain operation at each part-load point,
such as frequency or control set points
including dip switch/control settings for
step or variable-speed components (e.g.,
compressors, VFDs); a statement
whether the model will operate at test
conditions without manufacturer
programming; any additional testing
instructions, if applicable; and if a
variety of motors/drive kits are offered
for sale as options in the basic model to
account for varying installation
requirements, the model number and
specifications of the motor (to include
efficiency, horsepower, open/closed,
and number of poles) and the drive kit,
including settings, associated with that
specific motor that were used to
determine the certified rating; outdoor
air-side attachments used for testing, or
any additional applicable testing
instructions, are also required. Id.
Additionally, for SPVHPs, DOE
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
proposed to add a requirement in 10
CFR 429.43(b)(4)(vii)(B) for the rated
airflow in SCFM in heating mode if the
unit is designed to operate with
different airflow rates for cooling and
heating mode. Id.
In the September 2023 CCE NOPR
DOE noted that the proposed
certification requirements provide
further direction to the existing
requirements and would not result in
significant additional burden for
manufacturers. Id. DOE stated that
where it identified specific test-related
information, the relevant information is
already collected by or available to the
manufacturer, and that as such,
reporting that information to DOE
would result in minimal additional
burden. Id. DOE requested comment on
these proposed requirements. Id.
AHRI commented in support of DOE’s
proposed supplemental testing
instructions requirements for SPVUs
when certifying compliance with IEER
standards, should such standards be
adopted. (AHRI, No. 18 at p. 12)
For the reasons discussed in the
preceding paragraphs and the
September 2023 CCE NOPR, DOE is
adopting this requirement as proposed
in the September 2023 CCE NOPR.
d. AEDM Tolerance for IEER
DOE’s existing testing regulations
allow the use of an AEDM, in lieu of
testing, to simulate the efficiency of
SPVUs. 10 CFR 429.43(a). For models
certified with an AEDM, results from
DOE verification tests are subject to
certain tolerances when compared to
certified ratings. Currently, DOE
specifies a 5-percent tolerance for
SPVUs verification tests for both EER
and COP, identical to the current
tolerance specified for these single-point
metrics for other categories of
commercial air conditioners and heat
pumps. See table 2 to paragraph
(c)(5)(vi)(B) at 10 CFR 429.70. For
integrated seasonal metrics (i.e., IEER)
for other categories of commercial air
conditioners and heat pumps, DOE
specifies a 10-percent tolerance. See Id.
In alignment with such tolerances, in
the September 2023 CCE NOPR, DOE
proposed to specify a 10-percent
tolerance for IEER for SPVUs in Table 2
to paragraph (c)(5)(vi)(B) at 10 CFR
429.70. 88 FR 67458, 67490. DOE
requested comment on this proposed
IEER AEDM tolerance for SPVUs. Id.
AHRI commented in support of DOE’s
proposal to specify a tolerance of 10
percent for SPVU verification tests for
IEER. (AHRI, No. 18 at p. 12)
For the reasons discussed in the
preceding paragraphs and the
September 2023 CCE NOPR, DOE is
PO 00000
Frm 00059
Fmt 4701
Sfmt 4700
82051
adopting this requirement for AEDM
tolerances for SPVUs as proposed in the
September 2023 CCE NOPR.
2. Reporting Costs and Impacts
In the September 2023 NOPR, DOE
proposed to align SPVU certification
reporting requirements with the
amended energy conservation standards
proposed in the December 2022 SPVU
ECS NOPR. 88 FR 67458, 67490.
DOE stated that it tentatively
determined these proposed amendments
would not impose additional costs for
manufacturers, because manufacturers
of SPVUs are already submitting
certification reports to DOE and should
have readily available the information
that DOE is proposing to collect as part
of this rulemaking. DOE stated that it
did not believe the revised reporting
requirements will cause any appreciable
change in reporting burden or hours as
compared to what SPVU manufacturers
are currently doing. Id.
AHRI restated its opposition to what
it perceives as the reclassification of
SPVUs as CAC/HPs due to the financial
impact to manufacturers since this
equipment had been tested, rated,
marketed, sold, and installed as SPVUs.
AHRI commented that manufacturers
did not have testing to a different
standard readily available and proposed
amendments would impose additional
costs for manufacturers. AHRI
commented this reclassification of
SPVUs as CAC/HPs would appreciably
change reporting burden or hours as
compared to what SPVU manufacturers
are currently doing. (AHRI, No. 18 at pp.
12–13)
As discussed in the December 2022
SPVU Test Procedure Final Rule, the
new definitions do not reclassify any
products; DOE concluded that any
products not meeting the SPVU
definitions should have been properly
classified as consumer products. (See 87
FR 75144, 75147–75152 for more
details.) Consequently, DOE disagrees
with AHRI’s characterization of this
situation, and the Department again
concludes that the proposals from the
September 2023 NOPR would not alter
burden for manufacturers of SPVUs and
do not reclassify any models.
Therefore, in this final rule, DOE
makes a final determination that these
amendments would not cause any
measurable change in reporting burden
or hours for SPVU manufacturers.
Compliance with these amended
reporting requirements is not required
until the compliance date of amended
energy conservation standards
denominated in terms of IEER, if
adopted.
E:\FR\FM\09OCR2.SGM
09OCR2
82052
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
1. Reporting
comment on this proposed
modification. Id.
ALA commented that it appreciates
DOE’s attempt to eliminate confusion
created by terminology and definition
changes that were finalized in the April
2023 CFLK TP Final Rule. ALA stated
it also appreciates that DOE did not
change the certification requirements for
CFLKs. (ALA, No. 7 at p. 2)
For the reasons discussed in the prior
paragraphs and in the September 2023
CCE NOPR, in this final rule DOE is
adopting the corrections to 10 CFR
429.33(b)(2)(ii)(A) and (b)(3)(ii)(B) for
CFLKs as proposed in the September
2023 CCE NOPR.
In 10 CFR 429.33(b)(2)(ii)(A) and
(b)(3)(ii)(B), DOE specifies information
that must be included in the
certification report for each basic model
of CFLK manufactured on or after
January 21, 2020. These paragraphs
specify these requirements ‘‘for each
basic model of lamp and/or each basic
model of non-consumer-replaceable SSL
packaged with the ceiling fan light kit.’’
On April 10, 2023, DOE published a
final rule amending CFLK test
procedures (‘‘April 2023 CFLK TP Final
Rule’’). 88 FR 21061. In the April 2023
CFLK TP Final Rule, to clarify
terminology used in the test procedure,
DOE replaced the terms ‘‘other SSL
products’’ and ‘‘integrated SSL
circuitry’’ with, respectively,
‘‘consumer-replaceable SSL’’ and ‘‘nonconsumer-replaceable SSL’’ in the CFLK
test procedure appendix, 10 CFR 429.33,
10 CFR 430.23(x), and 10 CFR
430.32(s)(6). 88 FR 21061, 21067–21068.
Because 10 CFR 429.33(b)(2)(ii)(A) and
(b)(3)(ii)(B) only specified ‘‘integrated
SSL circuitry’’ and omitted ‘‘other SSL
products,’’ the April 2023 CFLK TP
Final Rule only replaced ‘‘integrated
SSL circuitry’’ with ‘‘non-consumerreplaceable SSL’’ and did not include
‘‘consumer replaceable SSL,’’ the
replacement term for ‘‘other SSL
products.’’ 88 FR 21061, 21072. Hence,
CFLKs packaged with consumerreplaceable SSL are inadvertently
omitted from this language. In the
September 2023 CCE NOPR, DOE
proposed to modify this language to
include them and read as follows, ‘‘for
each basic model of lamp, each basic
model of consumer-replaceable SSL,
and/or each basic model of nonconsumer-replaceable SSL packaged
with the ceiling fan light kit.’’ 88 FR
67458, 67491. DOE stated that this
proposed modification to 10 CFR
429.33(b)(2)(ii)(A) and (b)(3)(ii)(B)
would ensure that all types of CFLKs are
explicitly included in certification
requirements. Id. DOE requested
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR,
DOE proposed to correct the existing
certification reporting requirements for
CFLKs manufactured on or after January
21, 2020. 88 FR 67458, 67491.
In the September 2023 CCE NOPR,
DOE tentatively determined that these
proposed amendments would not
impose additional costs for
manufacturers because manufacturers of
CFLKs are already submitting
certification reports to DOE and should
have readily available the information
that DOE was proposing to collect as
part of this rulemaking. 88 FR 67458,
67491. DOE stated that it did not believe
the revised reporting requirements
would cause any appreciable change in
reporting burden or hours as compared
to what CFLK manufacturers are
currently doing today. Id.
AHRI and ALA commented that any
changes to a certification template can
impact manufacturer burden by
increasing administrative work and
affecting timing as it relates to certifying
and reporting to DOE. (AHRI, Public
Meeting Transcript, No. 6 at p. 66; ALA,
Public Meeting Transcript, No. 6 at pp.
64–65; ALA, No. 7 at p.1) AHRI further
stated that small changes, including
changing the text and template number,
impact timing. (AHRI, Public Meeting
Transcript, No. 6 at pp. 65–66) ALA
agreed with DOE that as long as no
change is made to the current
certification template, there will be no
additional costs incurred by
manufacturers. (ALA, No. 7 at p.2)
DOE is not planning to issue a revised
template version based on the
amendments to CFLK certification
requirements being adopted in this final
rule. Given that DOE is not revising the
template, DOE maintains it findings
from the September 2023 NOPR that the
amendments to CFLK reporting
requirements being adopted will not
impose additional costs for
manufacturers, nor will they cause any
U. Ceiling Fan Light Kits
khammond on DSKJM1Z7X2PROD with RULES2
DOE is amending the reporting
requirements for CFLKs, which DOE
defines as equipment designed to
provide light from a ceiling fan that can
be (1) integral, such that the equipment
is attached to the ceiling fan prior to the
time of retail sale; or (2) attachable, such
that at the time of retail sale the
equipment is not physically attached to
the ceiling fan, but may be included
inside the ceiling fan at the time of sale
or sold separately for subsequent
attachment to the fan. 10 CFR 430.2.
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
PO 00000
Frm 00060
Fmt 4701
Sfmt 4700
appreciable change in reporting burden
or hours as compared to what CFLK
manufacturers are currently doing
today.
V. General Service Lamps
DOE defines a ‘‘general service lamp’’
as a lamp that has an American National
Standards Institute (‘‘ANSI’’) base; is
able to operate at a voltage of 12 volts
or 24 volts, at or between 100 to 130
volts, at or between 220 to 240 volts, or
of 277 volts for integrated lamps, or is
able to operate at any voltage for nonintegrated lamps; has an initial lumen
output of greater than or equal to 310
lumens (or 232 lumens for modified
spectrum general service incandescent
lamps) and less than or equal to 3,300
lumens; is not a light fixture; is not an
LED downlight retrofit kit; is used in
general lighting applications; and is not
one of the 26 lamp types exempted from
the definition. (See 10 CFR 430.2 for the
full definition.)
On May 9, 2022, DOE published in
the Federal Register a final rule
codifying the 45 lm/W backstop
requirement for GSLs that Congress
prescribed in amendments to EPCA
(‘‘May 2022 GSL Backstop Rule’’). 89 FR
27439. In that rule, DOE explained it
would issue a separate enforcement
policy informed by the comments
received in response to the rulemaking.
Id. at 89 FR 27452. DOE issued a
phased-in enforcement policy 43 for the
GSL backstop requirement. For
manufacturers (including importers)
and private labelers, the policy set forth:
(1) a period of enforcement leniency
from the effective date of the final rule
that codified the backstop through
August 31, 2022; (2) a period of
progressive enforcement consisting of
warning notices and then reduced
penalties from September 1, 2022
through December 31, 2022, and (3) end
of enforcement flexibilities January 1,
2023. For distributors and retailers, this
timeline was adjusted by seven months,
beginning with warning notices in
January 2023, progressing to reduced
penalties two months later, and
culminating in full enforcement in July
2023. On October 14, 2022, DOE issued
a guidance document 44 stating that
manufacturers and importers are not
currently required to certify compliance
to the GSL backstop requirement and
that DOE may address the certification
requirements for the backstop in a
separate, future rulemaking. DOE had
previously established reporting
43 See https://www.energy.gov/sites/default/files/
2022-04/GSL_EnforcementPolicy_4_25_22.pdf.
44 See https://www1.eere.energy.gov/buildings/
appliance_standards/pdfs/GSL_Cert_Guidance_
Final.pdf.
E:\FR\FM\09OCR2.SGM
09OCR2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
requirements for GSLs at 10 CFR 429.57
in a test procedure final rule published
in the Federal Register on October 20,
2016. 81 FR 72493, 72503.
Because DOE has reached the full
enforcement phase of the previous
enforcement policy as described in the
previous paragraph, in this final rule,
DOE is clarifying that manufacturers
and importers must certify compliance
to the backstop requirement for GSLs.
As stated, certification and reporting
requirements for GSLs can be found at
10 CFR 429.57. DOE is not establishing
or amending any regulations regarding
GSLs in this final rule, but is clarifying
the applicability of the existing
regulations in the context of the
previous enforcement policy and
guidance document. Because the
enforcement policy and guidance
document are no longer applicable, DOE
is rescinding these documents
concurrent with this final rule.
Similar to the reporting requirements
for other products and equipment
established in this final rule, DOE is
allowing manufacturers a 210-day
transition period after publication of
this final rule before certification reports
must be submitted to DOE. As stated,
the certification and reporting
requirements for GSLs currently exist in
10 CFR 429.57. DOE will use
enforcement discretion for the 210-day
transition period to allow GSL
manufacturers time to comply with the
existing requirements. Sellers (who are
not ‘‘manufacturers’’ under EPCA) will
not be required to certify compliance to
the backstop requirement for GSLs, but
must ensure that GSLs available for sale
comply with the energy conservation
standards specified at 10 CFR
430.32(dd).
W. Additional Corrections
10 CFR 429.12(i) includes the
compliance dates for certain products.
Specifically, the instructions state that
for any product subject to an applicable
energy conservation standard for which
the compliance date has not yet
occurred, the manufacturer must submit
a certification report no later than the
compliance date for the applicable
energy conservation standard. However,
for the covered products currently listed
in 10 CFR 429.12(i), the compliance
dates for initial certification have
already occurred. Accordingly, in the
September 2023 CCE NOPR, DOE
proposed to remove the covered
products and associated compliance
dates in 10 CFR 429.12(i)(1)–(5). 88 FR
67458, 67491. DOE also proposed to add
three new paragraphs at 10 CFR
429.12(i)(1)–(3) for air cleaners,
DPPPMs, and DX–DOASes. Id. DOE
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
noted that initial certification would be
required by December 31, 2023 for air
cleaners and May 1, 2024 for DX–
DOASes, and 24 months after date of
publication of a final rule amending
DPPPM standards for DPPPMs. Id.
DOE did not receive any comments on
the proposed amendments to 10 CFR
429.12(i). However, DOE notes that
since publication of the September 2023
CCE NOPR, DOE published the
September 2023 DPPPM Final Rule
which established a compliance date of
September 29, 2025 for DPPPMs <0.5
THP and for DPPPMs ≥1.15 THP and ≤5
THP and a compliance date of
September 28, 2027 for DPPPMs ≥0.5
THP and <1.15 THP. Accordingly, in
this final rule, DOE is adopting the
initial certification date of September
29, 2025 for DPPPMs <0.5 THP and for
DPPPMs ≥1.15 THP and ≤5 THP and the
initial certification date of September
28, 2027 for DPPPMs ≥0.5 THP and
<1.15 THP, consistent with the
September 2023 DPPPM Final Rule.
Additionally, DOE notes that the
December 31, 2023, initial certification
date for air cleaners that was proposed
in the September 2023 CCE NOPR has
now passed. As this subparagraph
includes initial certification dates for
products subject to an applicable energy
conservation standard for which the
compliance date has not yet occurred
and the compliance date for air cleaners
has now occurred, including this initial
certification date as proposed could
potentially cause confusion. Therefore,
DOE is not including the initial
certification date for air cleaners in 10
CFR 429.12(i) as proposed in the
September 2023 CCE NOPR. As stated
in section III.S.2 of this notice, initial
certification with the newly adopted
certification requirements for air
cleaners is not required until 210 days
after publication of this final rule.
The initial certification date for DX–
DOASes is being finalized as proposed
in the September 2023 CCE NOPR.
DOE provides definitions related to
the energy efficiency program for certain
commercial and industrial equipment in
10 CFR 431.2. In this section, DOE has
identified updates needed in two
definitions. The definition for ‘‘covered
equipment’’ lists covered equipment
and notes where the covered equipment
term is defined within 10 CFR. The term
‘‘Commercial heating, ventilating, and
air conditioning, and water heating
product (HVAC & WH product)’’ is
included in this list and refers to this
term as defined in 10 CFR 431.172.
However, this term is defined in 10 CFR
431.2, rather than 10 CFR 431.172. As
such, in the September 2023 CCE NOPR,
DOE proposed to update the definition
PO 00000
Frm 00061
Fmt 4701
Sfmt 4700
82053
for ‘‘covered equipment’’ to update the
reference to the definition for
‘‘commercial heating, ventilating, and
air conditioning, and water heating
product’’ in 10 CFR 431.2. 88 FR 67458,
67491.
Additionally, the definition of
‘‘covered equipment’’ in 10 CFR 431.2 is
intended to reference each equipment
type covered within 10 CFR part 431.
The current definition does not include
all covered equipment types. Therefore,
in the September 2023 CCE NOPR, DOE
proposed to add these equipment types
and their corresponding definition
section references within the definition
of covered equipment in 10 CFR 431.2.
Id. Specifically, DOE proposes to add
references to: fan or blower, as defined
in 10 CFR 431.172; compressor, as
defined in 10 CFR 431.342; small
electric motor, as defined in 10 CFR
431.442; pump, as defined in 10 CFR
431.462; and dedicated purpose pool
pump motor, as defined in 10 CFR
431.483. Id.
DOE did not receive any comments on
its proposal to amend the definition for
‘‘covered equipment’’ in 10 CFR 431.2.
For the reasons discussed in the
preceding paragraphs and the
September 2023 CCE NOPR, DOE is
adopting the amended definition of
‘‘covered equipment’’ in 10 CFR 431.2
as discussed in the September 2023 CCE
NOPR.
X. Revised Certification Templates
DOE notes that the Department strives
to finalize certification templates as
expeditiously as possible, in order to
provide certifiers sufficient time to
prepare for the compliance dates of any
upcoming amended energy conservation
standards. The specific templates that
must be used for certifying compliance
of covered products and equipment to
DOE are available for download at
www.regulations.doe.gov/ccms/
templates.
Y. Effective and Compliance Dates
The effective date for the adopted
reporting requirement amendments will
be 75 days after publication of this final
rule in the Federal Register. Submission
of the data specified by the amended
reporting provisions will be required for
the applicable certification reports that
are required to be submitted under 10
CFR 429.12 beginning 210 days
following publication of this final rule
in the Federal Register, when certifying
compliance with the next annual
certification report filing date to occur
on or after 210 days following
publication of this final rule in the
Federal Register, or upon the
compliance date of any associated
E:\FR\FM\09OCR2.SGM
09OCR2
82054
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
energy conservation standards, as
outlined for each product or equipment
type in each applicable subsection of
section III of this document. However,
certification reports may be submitted
in accordance with these amended
requirements prior to the compliance
date if the manufacturer elects to do so.
IV. Procedural Issues and Regulatory
Review
B. Review Under the Regulatory
Flexibility Act
khammond on DSKJM1Z7X2PROD with RULES2
A. Review Under Executive Orders
12866, 13563, and 14094
Executive Order (‘‘E.O.’’) 12866,
‘‘Regulatory Planning and Review,’’ as
supplemented and reaffirmed by E.O.
13563, ‘‘Improving Regulation and
Regulatory Review,’’ 76 FR 3821 (Jan.
21, 2011) and amended by E.O. 14094,
‘‘Modernizing Regulatory Review,’’ 88
FR 21879 (April 11, 2023), requires
agencies, to the extent permitted by law,
to (1) propose or adopt a regulation only
upon a reasoned determination that its
benefits justify its costs (recognizing
that some benefits and costs are difficult
to quantify); (2) tailor regulations to
impose the least burden on society,
consistent with obtaining regulatory
objectives, taking into account, among
other things, and to the extent
practicable, the costs of cumulative
regulations; (3) select, in choosing
among alternative regulatory
approaches, those approaches that
maximize net benefits (including
potential economic, environmental,
public health and safety, and other
advantages; distributive impacts; and
equity); (4) to the extent feasible, specify
performance objectives, rather than
specifying the behavior or manner of
compliance that regulated entities must
adopt; and (5) identify and assess
available alternatives to direct
regulation, including providing
economic incentives to encourage the
desired behavior, such as user fees or
marketable permits, or providing
information upon which choices can be
made by the public. DOE emphasizes as
well that E.O. 13563 requires agencies to
use the best available techniques to
quantify anticipated present and future
benefits and costs as accurately as
possible. In its guidance, the Office of
Information and Regulatory Affairs
(‘‘OIRA’’) in the Office of Management
and Budget (‘‘OMB’’) has emphasized
that such techniques may include
identifying changing future compliance
costs that might result from
technological innovation or anticipated
behavioral changes. For the reasons
stated in the preamble, this final
regulatory action is consistent with
these principles.
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
Section 6(a) of E.O. 12866 also
requires agencies to submit ‘‘significant
regulatory actions’’ to OIRA for review.
OIRA has determined that this final
regulatory action does not constitute a
‘‘significant regulatory action’’ under
section 3(f) of E.O. 12866. Accordingly,
this action was not submitted to OIRA
for review under E.O. 12866.
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of a final regulatory flexibility analysis
(FRFA) for any final rule where the
agency was first required by law to
publish a proposed rule 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 website: www.energy.gov/gc/
office-general-counsel. DOE reviewed
this final rule under the provisions of
the Regulatory Flexibility Act and the
procedures and policies published on
February 19, 2003.
DOE has concluded that the removal
of outdated reporting requirements and
the addition of new reporting
requirements adopted in this final rule
will not impose additional costs for
manufacturers of CAC/HPs, DWs,
RCWs, dehumidifiers, EPSs, battery
chargers, CRACs, three-phase, less than
65,000 Btu/h ACUACs and ACUHPs,
three-phase, less than 65,000 Btu/h
VRF, ACIMs, walk-ins, commercial and
industrial pumps, portable ACs,
compressors, SPVUs, and CFLKs for the
reasons discussed in section III of this
document. For these products and
equipment, DOE has determined that
the amendments will not impose
additional costs for manufacturers
because manufacturers are already
submitting certification reports to DOE
and should have readily available the
information that DOE is requiring as
part of this rulemaking. For GSLs, DOE
is not changing reporting requirements
and only specifying compliance with
existing ones. Consequently, for these
types of covered products and
equipment, the changes in this final rule
are not expected to have a significant
PO 00000
Frm 00062
Fmt 4701
Sfmt 4700
economic impact on related entities
regardless of size.
For electric pool heaters, no
certification is currently required. This
final rule is adding reporting
requirements to align with the amended
energy conservation standards finalized
in the May 2023 Pool Heaters Final
Rule, which established new and
amended energy conservation standards
for electric pool heaters. 88 FR 34624.
Therefore, electric pool heater
manufacturers will incur additional
paperwork costs. Consumer pool heaters
are classified under NAICS code
333414, ‘‘heating equipment (except
warm air furnaces) manufacturing.’’ The
SBA sets a threshold of 500 employees
or fewer for an entity to be considered
as a small business for this category.
DOE used publicly available
information to identify potential small
manufacturers. DOE’s research involved
industry trade association membership
directories (e.g., AHRI), information
from previous rulemakings, individual
company websites, and market research
tools (e.g., D&B Hoovers reports) to
create a list of companies that
manufacture consumer pool heaters.
DOE also asked stakeholders and
industry representatives if they were
aware of any additional small
manufacturers during manufacturer
interviews. DOE reviewed publicly
available data and contacted various
companies on its complete list of
manufacturers to determine whether
they met the SBA’s definition of a small
business manufacturer. DOE screened
out companies that do not offer
products impacted by this rulemaking,
do not meet the definition of a ‘‘small
business,’’ or are foreign-owned and
operated. DOE identified 21 companies
manufacturing consumer pool heaters
covered by this proposed rulemaking.
Of these manufacturers, DOE identified
six as domestic small businesses. None
of these six businesses manufacture gas
fired pool heaters. Five manufacture
electric heat pump pool heaters and one
manufactures electric resistance pool
heaters. DOE estimates that the
increased certification burden would
result in 35 hours per manufacturer to
develop the required certification
reports. Therefore, based on a fully
burdened labor rate of $73 per hour, the
estimated total annual cost to
manufacturers would be $2,555 per
manufacturer.45 Using available public
information, DOE estimated the average
45 Supporting Statement for Certification Reports,
Compliance Statements, Application for a Test
Procedure Waiver, and Recording keeping for
Consumer Products and Commercial Equipment
Subject to Energy or Water Conservation Standards.
Available at omb.report/omb/1910-1400.
E:\FR\FM\09OCR2.SGM
09OCR2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
annual revenue of the six small
businesses. Among the small
businesses, the lowest estimated annual
revenue was approximately $259,000—
therefore, this additional certification
cost of $2,555 per manufacturer
represents less than 1 percent of the
identified manufacturer’s annual
revenue.
Additionally, for DX–DOASes, no
certification is currently required. This
final rule is adding reporting
requirements to align with the new
energy conservation standards. 10 CFR
431.97(g). Therefore, DX–DOASes
manufacturers will incur additional
paperwork costs as well. DX–DOASes
are classified under NAICS code
333415,46 ‘‘Air-Conditioning and Warm
Air Heating Equipment and Commercial
and Industrial Refrigeration Equipment
Manufacturing.’’ The SBA sets a
threshold of 1,250 employees or fewer
for an entity to be considered as a small
business for this category. In reviewing
the DX–DOAS market, DOE used
company websites, marketing research
tools, product catalogues, and other
public information to identify
companies that manufacture DX–
DOASes. DOE screened out companies
that do not meet the definition of ‘‘small
business’’ or are foreign-owned and
operated. DOE used subscription-based
business information tools to determine
headcount, revenue, and geographic
presence of the small businesses. DOE
identified twelve companies
manufacturing DX–DOASes covered by
this rulemaking. Of these
manufacturers, DOE identified one as a
domestic small business. DOE estimates
that the increased certification burden
would result in 35 hours per
manufacturer to develop the required
certification reports. Therefore, based on
a fully burdened labor rate of $73 per
hour, the estimated total annual cost to
manufacturers would be $2,555 per
manufacturer.47 DOE understands the
annual revenue of the small business
that manufactures DX–DOASes to be
approximately $66 million. 87 FR 5560,
5584. Therefore, this additional
certification cost of $2,555 per
manufacturer represents significantly
less than 1 percent of the identified
manufacturer’s annual revenue.
46 The business size standards are listed by
NAICS code and industry description and are
available at www.sba.gov/document/support-tablesize-standards (last Accessed July 29th, 2021).
47 Supporting Statement for Certification Reports,
Compliance Statements, Application for a Test
Procedure Waiver, and Recording keeping for
Consumer Products and Commercial Equipment
Subject to Energy or Water Conservation Standards.
Available at omb.report/omb/1910-1400.
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
This document also adopts
certification reporting requirements for
commercial electric instantaneous water
heaters, which align with the previously
inadvertently omitted energy
conservation standards put in place by
EPCA and adopted in the October 2023
CWH Final Rule. 88 FR 69686. As a
result, commercial electric
instantaneous water heater
manufacturers will incur additional
paperwork costs. CWHs are classified
under NAICS code 333310,48
‘‘Commercial and Service Industry
Machinery Manufacturing.’’ In 13 CFR
121.201, the SBA sets a threshold of
1,000 employees or fewer for an entity
to be considered as a small business for
this category. DOE’s analysis relied on
publicly available databases to identify
potential small businesses that
manufacture equipment covered in this
rulemaking. DOE utilized the California
Energy Commission’s MAEDbS,49 DOE’s
ENERGY STAR Database,50 and DOE’s
CCD 51 in identifying manufacturers.
DOE’s research identified nine original
equipment manufacturers (‘‘OEMs’’) of
commercial electric instantaneous water
heaters being sold in the U.S. market. Of
these nine companies, DOE identified
three as domestic small businesses. The
small businesses do not currently certify
any other CWHs to DOE’s Compliance
Certification Management System
(‘‘CCMS’’). DOE estimates that the
increased certification burden would
result in 35 hours per manufacturer to
develop the required certification
reports. Therefore, based on a fully
burdened labor rate of $73 per hour, the
estimated total annual cost to
manufacturers would be $2,555 per
manufacturer.52 Using available public
information, DOE estimated the annual
revenue for all three small businesses
that manufacture commercial electric
instantaneous water heaters. The small
48 The business size standards are listed by
NAICS code and industry description and are
available at www.sba.gov/document/support-tablesize-standards (last accessed March 7, 2023).
49 MAEDbS can be accessed at https://
www.energy.ca.gov/programs-and-topics/programs/
appliance-efficiency-program-outreach-andeducation/modernized (last accessed July 15, 2021).
50 ENERGY STAR-certified products can be found
in the ENERGY STAR database accessed at
www.energystar.gov/productfinder/product/
certified-commercial-water-heaters/results (last
accessed July 15, 2021).
51 Certified equipment in the CCD are listed by
product class and can be accessed at
www.regulations.doe.gov/certification-data/
#q=Product_Group_s%3A* (last accessed July 15,
2021).
52 Supporting Statement for Certification Reports,
Compliance Statements, Application for a Test
Procedure Waiver, and Recording keeping for
Consumer Products and Commercial Equipment
Subject to Energy or Water Conservation Standards.
Available at omb.report/omb/1910-1400.
PO 00000
Frm 00063
Fmt 4701
Sfmt 4700
82055
business with the least annual revenue
has an annual revenue of approximately
$10,400,000. Therefore, this additional
certification cost of $2,555 per
manufacturer represents significantly
less than 1 percent of each identified
manufacturer’s annual revenue.
For DPPPMs, no certification is
currently required. This final rule is
adding reporting requirements to align
with the energy conservation standards
adopted in the September 2023 DPPPM
Final Rule. 88 FR 66966. Therefore,
DPPPM manufacturers will incur
additional paperwork costs. DPPPMs are
classified under NAICS code 335312,
‘‘Motor and Generator Manufacturing.’’
The SBA sets a threshold of 1,250
employees or fewer for an entity to be
considered as a small business in this
category. DOE screened out companies
that do not offer products impacted by
this rulemaking, do not meet the
definition of a ‘‘small business,’’ or are
foreign-owned and operated. DOE
identified five companies
manufacturing DPPPMs for the domestic
market. Of those, DOE determined that
one company met the SBA definition of
a small business. DOE estimates that the
increased certification burden would
result in 35 hours per manufacturer to
develop the required certification
reports annually. Therefore, based on a
fully burdened labor rate of $73 per
hour, the estimated total annual cost to
manufacturers would be $2,555 per
manufacturer.53 DOE was able to
identify an annual revenue estimate of
approximately $28.2 million for the
small business.54 Therefore, this
additional certification cost of $2,555
per manufacturer represents
significantly less than 1 percent of the
identified manufacturer’s annual
revenue.
This final rule also adds reporting
requirements to align with the energy
conservation standards established in
the April 2023 Air Cleaners DFR, which
developed new energy conservation
standards for air cleaners. Therefore, air
cleaner manufacturers will incur
additional paperwork costs. Air cleaners
are classified under NAICS code
335210, ‘‘Small Electrical Appliance
Manufacturing.’’ The SBA sets a
threshold of 1,500 employees or fewer
for an entity to be considered as a small
business for this category. DOE
conducted a market survey to identify
53 Supporting Statement for Certification Reports,
Compliance Statements, Application for a Test
Procedure Waiver, and Recording keeping for
Consumer Products and Commercial Equipment
Subject to Energy or Water Conservation Standards.
Available at omb.report/omb/1910-1400.
54 The small business’s annual revenue estimate
is taken from D&B Hoovers (app.avention.com).
E:\FR\FM\09OCR2.SGM
09OCR2
82056
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
potential small manufacturers of air
cleaners. DOE began its assessment by
reviewing Association of Home
Appliance Manufacturers’ (AHAM’s)
database 55 of air cleaners, models in
ENERGY STAR V.2.0,56 California Air
Resources Board,57 and individual
company websites. DOE then consulted
publicly available data, such as
manufacturer websites, manufacturer
specifications and product literature,
and import/export logs (e.g., bills of
lading from Panjiva) 58, to identify
OEMs of air cleaners. DOE further relied
on public data and subscription-based
market research tools (e.g., Dun &
Bradstreet reports) 59 to determine
company, location, headcount, and
annual revenue. DOE screened out
companies that do not offer products
covered by this proposed rulemaking,
do not meet the SBA’s definition of a
‘‘small business,’’ or are foreign-owned
and operated. DOE initially identified
43 OEMs that sell air cleaners in the
United States. Of the 43 OEMs
identified, DOE tentatively determined
four companies qualify as small
businesses and are not foreign-owned
and operated. DOE estimates that the
increased certification burden would
result in 35 hours per manufacturer to
develop the required certification
reports. Therefore, based on a fully
burdened labor rate of $73 per hour, the
estimated total annual cost to
manufacturers would be $2,555 per
manufacturer.60 Using available public
information, DOE estimated the annual
revenue for all four small businesses
that manufacture air cleaners. The small
business with the least annual revenue
has an annual revenue of approximately
$1.3 million. Therefore, this additional
certification cost of $2,555 per
manufacturer represents significantly
less than 1 percent of each identified
manufacturer’s annual revenue.
55 Association of Home Appliance Manufacturers.
‘‘Find a Certified Room Air Cleaner.’’ Available at
ahamverifide.org/directory-of-air-cleaners/ (last
accessed Jan. 24, 2022).
56 Available at data.energystar.gov/ActiveSpecifications/ENERGY-STAR-Certified-Room-AirCleaners/jmck-i55n/data (last accessed May 31,
2022).
57 The California Air Resources Board. ‘‘List of
CARB-Certified Air Cleaning Devices.’’ Available at
ww2.arb.ca.gov/list-carb-certified-air-cleaningdevices (last accessed May 31, 2022).
58 S&P Global. Panjiva Market Intelligence is
available at panjiva.com/import-export/UnitedStates (last accessed May 5, 2022).
59 The Dun & Bradstreet Hoovers login is available
at app.dnbhoovers.com.
60 Supporting Statement for Certification Reports,
Compliance Statements, Application for a Test
Procedure Waiver, and Recording keeping for
Consumer Products and Commercial Equipment
Subject to Energy or Water Conservation Standards.
Available at omb.report/omb/1910-1400.
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
DOE reviewed this final rule under
provisions of the Regulatory Flexibility
Act and the policies and procedures
published on February 19, 2003. On the
basis of the forgoing, DOE concludes
that the impacts of the amendments to
DOE’s certification regulations adopted
in this final rule will not have a
‘‘significant economic impact on a
substantial number of small entities,’’
and the preparation of a FRFA is not
warranted. DOE has submitted a
certification and supporting statement
of factual basis to the Chief Counsel for
Advocacy of the SBA for review under
5 U.S.C. 605(b).
C. Review Under the Paperwork
Reduction Act of 1995
Manufacturers of CAC/HPs, DWs,
RCWs, pool heaters, dehumidifiers,
EPSs, battery chargers, CRACs, DX–
DOASes, three-phase, less than 65,000
Btu/h ACUACs and ACUHPs, threephase, less than 65,000 Btu/h VRF,
CWHs, ACIMs, walk-ins, commercial
and industrial pumps, portable ACs,61
compressors, DPPPMs, air cleaners,
SPVUs, CFLKs, and GSLs must certify to
DOE that their products comply with
any applicable energy conservation
standards. To certify compliance,
manufacturers must first obtain test data
for their products according to the DOE
test procedures, including any
amendments adopted for those test
procedures. DOE has established
regulations for the certification and
recordkeeping requirements for all
covered consumer products and
commercial equipment, including CAC/
HPs, DWs, RCWs, pool heaters,
dehumidifiers, EPSs, battery chargers,
CRACs, DX–DOASes, three-phase, less
than 65,000 Btu/h ACUACs and
ACUHPs, three-phase, less than 65,000
Btu/h VRF, CWHs, ACIMs, walk-ins,
commercial and industrial pumps,
portable ACs, compressors, DPPPMs, air
cleaners, SPVUs, CFLKs, and GSLs. (See
generally 10 CFR part 429.) The
collection-of-information requirement
for the certification and recordkeeping
is subject to review and approval by
OMB under the PRA. This requirement
has been approved by OMB under OMB
control number 1910–1400. Public
reporting burden for the certification is
estimated to average 35 hours per
response, including the time for
reviewing instructions, searching
existing data sources, gathering and
61 The certification reporting requirements for
portable ACs were established in the January 2020
Portable ACs ECS Final Rule. However, the energy
conversation standard for portable ACs does not go
into effect until January 2025, until which time
manufacturers may optionally submit certification
reports to DOE.
PO 00000
Frm 00064
Fmt 4701
Sfmt 4700
maintaining the data needed, and
completing and reviewing the collection
of information.
1. Description of the Requirements
DOE is establishing or amending the
reporting requirements for CAC/HPs,
DWs, RCWs, pool heaters,
dehumidifiers, EPSs, battery chargers,
CRACs, DX–DOASes, three-phase, less
than 65,000 Btu/h ACUACs and
ACUHPs, three-phase, less than 65,000
Btu/h VRF, CWHs, ACIMs, walk-ins,
commercial and industrial pumps,
portable ACs, compressors, DPPPMs, air
cleaners, SPVUs, and CFLKs. For GSLs,
DOE is not changing reporting
requirements and only specifying
compliance with existing ones. DOE has
sent a revised information collection
approval to OMB under the existing
Control Number 1910–1400. The
revisions will just reflect the changes
finalized in this rulemaking as an
amendment to the existing information
collection.
2. Method of Collection
DOE is requiring that respondents
submit electronic forms using DOE’s
online CCMS. DOE’s CCMS is publicly
accessible at www.regulations.doe.gov/
ccms/, and includes instructions for
users, registration forms, and the
product-specific reporting templates
required for use when submitting
information to CCMS.
3. Data
The following are DOE estimates of
the total annual reporting and
recordkeeping burden imposed on
manufacturers of CAC/HPs, DWs,
RCWs, pool heaters, dehumidifiers,
EPSs, battery chargers, CRACs, DX–
DOASes, three-phase, less than 65,000
Btu/h ACUACs and ACUHPs, threephase, less than 65,000 Btu/h VRF,
CWHs, ACIMs, walk-ins, commercial
and industrial pumps, portable ACs,
compressors, DPPPMs, air cleaners,
SPVUs, and CFLKs subject to the new
or amended certification reporting
requirements adopted in this final rule.
These estimates take into account the
time necessary to develop any
additional testing documentation,
maintain any additional documentation
supporting the development of the
certified rating for each basic model,
complete any additional certification,
and submit any additional required
documents to DOE electronically.
DOE has determined that these
amendments will not impose additional
costs for manufacturers of CAC/HPs,
DWs, RCWs, dehumidifiers, EPSs,
battery chargers, CRACs, three-phase,
less than 65,000 Btu/h ACUACs and
E:\FR\FM\09OCR2.SGM
09OCR2
khammond on DSKJM1Z7X2PROD with RULES2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
ACUHPs, three-phase, less than 65,000
Btu/h VRF, electric storage CWHs,
ACIMs, walk-ins, commercial and
industrial pumps, compressors, SPVUs,
and CFLKs because manufacturers of
these products or equipment are already
submitting certification reports to DOE
and should have readily available the
information that DOE is requiring as
part of this rulemaking. For GSLs,
because DOE is not changing reporting
requirements and only specifying
compliance with existing ones,
manufacturers should have readily
available the information that DOE is
requiring. Additionally, for portable
ACs, manufacturers may optionally
submit certification reports to DOE and
the costs associated with certification
requirements for portable ACs were
already accounted for in the January
2020 Portable ACs ECS Final Rule.
DOE’s amendments for the reporting
requirements for pool heaters will
require new certification reporting for
electric pool heater manufacturers and
importers. DOE estimates there are 18
manufacturers of electric pool heaters
that would have to submit annual
certification reports to DOE for those
products based on the adopted reporting
requirements. Of these 18
manufacturers, four make both gas-fired
and electric pool heaters. Therefore, 14
do not currently certify gas-fired pool
heaters and would be required to begin
submitting certification reports for
electric pool heaters. The following
section estimates the burden for these
14 electric pool heater manufacturers.
OMB Control Number: 1910–1400.
Form Number: DOE F 220.13.
Type of Review: Regular submission.
Affected Public: Domestic
manufacturers and importers of electric
pool heaters covered by this rulemaking.
Estimated Number of Respondents:
14.
Estimated Time per Response:
Certification reports, 35 hours.
Estimated Total Annual Burden
Hours: 490.
Estimated Total Annual Cost to the
Manufacturers: $35,770 in
recordkeeping/reporting costs.
DOE’s addition of reporting
requirements for direct expansiondedicated outdoor air systems will
require new certification reporting for
direct expansion-dedicated outdoor air
systems. DOE estimates there are 12
manufacturers of direct expansiondedicated outdoor air systems that
would have to submit annual
certification reports to DOE for those
products based on the adopted reporting
requirements. The following section
estimates the burden for these 12 direct
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
expansion-dedicated outdoor air system
manufacturers.
OMB Control Number: 1910–1400.
Form Number: DOE F 220.96.
Type of Review: Regular submission.
Affected Public: Domestic
manufacturers and importers of direct
expansion-dedicated outdoor air
systems covered by this rulemaking.
Estimated Number of Respondents:
12.
Estimated Time per Response:
Certification reports, 35 hours.
Estimated Total Annual Burden
Hours: 420.
Estimated Total Annual Cost to the
Manufacturers: $30,660 in
recordkeeping/reporting costs.
DOE’s addition of reporting
requirements for commercial electric
instantaneous water heaters will require
new certification reporting for
commercial electric instantaneous water
heaters. DOE estimates there are nine
manufacturers of commercial electric
instantaneous water heaters that would
have to submit annual certification
reports to DOE for those products based
on the adopted reporting requirements.
The following section estimates the
burden for these nine commercial
electric instantaneous water heater
manufacturers.
OMB Control Number: 1910–1400.
Form Number: DOE F 220.43.
Type of Review: Regular submission.
Affected Public: Domestic
manufacturers and importers of
commercial electric instantaneous water
heater manufacturers covered by this
rulemaking.
Estimated Number of Respondents: 9.
Estimated Time per Response:
Certification reports, 35 hours.
Estimated Total Annual Burden
Hours: 315.
Estimated Total Annual Cost to the
Manufacturers: $22,995 in
recordkeeping/reporting costs.
DOE’s addition of reporting
requirements for dedicated-purpose
pool pump motors will require new
certification reporting for dedicatedpurpose pool pump manufacturers and
importers. DOE estimates there are five
manufacturers of dedicated-purpose
pool pump motors that would have to
submit annual certification reports to
DOE for those products based on the
adopted reporting requirements. The
following section estimates the burden
for these five dedicated-purpose pool
pump motor manufacturers.
OMB Control Number: 1910–1400.
Form Number: DOE F 220.97.
Type of Review: Regular submission.
Affected Public: Domestic
manufacturers and importers of
dedicated-purpose pool pump motors
covered by this rulemaking.
PO 00000
Frm 00065
Fmt 4701
Sfmt 4700
82057
Estimated Number of Respondents: 5.
Estimated Time per Response:
Certification reports, 35 hours.
Estimated Total Annual Burden
Hours: 175.
Estimated Total Annual Cost to the
Manufacturers: $12,775 in
recordkeeping/reporting costs.
DOE’s addition of reporting
requirements for air cleaners will
require new certification reporting for
air cleaner manufacturers and
importers. DOE estimates that there are
43 manufacturers of air cleaners that
would have to submit annual
certification reports to DOE for those
products based on the adopted reporting
requirements. The following section
estimates the burden for these 43 air
cleaner manufacturers.
OMB Control Number: 1910–1400.
Form Number: DOE F 220.100.
Type of Review: Regular submission.
Affected Public: Domestic
manufacturers and importers of air
cleaners covered by this rulemaking.
Estimated Number of Respondents:
43.
Estimated Time per Response:
Certification reports, 35 hours.
Estimated Total Annual Burden
Hours: 1,505.
Estimated Total Annual Cost to the
Manufacturers: $109,865 in
recordkeeping/reporting costs.
4. Conclusion
DOE has concluded that the removal
of outdated reporting requirements and
the addition of reporting requirements
as adopted in this final rule will not
impose additional costs for CAC/HPs,
DWs, RCWs, dehumidifiers, EPSs,
battery chargers, CRACs, three-phase,
less than 65,000 Btu/h ACUACs and
ACUHPs, three-phase, less than 65,000
Btu/h VRF, electric storage CWHs,
ACIMs, walk-ins, commercial and
industrial pumps, portable ACs,
compressors, SPVUs, and CFLKs (see
sections III.B.2, III.C.2, III.D.2, III.F.2,
III.G.2, III.H.2, III.I.2, III.K.2, III.L.2,
III.M.2, III.N.2, III.O.2, III.P.2, III.Q.2,
III.T.2, and III.U.2 of this document for
a more complete discussion). For GSLs,
DOE is not changing reporting
requirements and only specifying
compliance with existing ones (See
section III.V of this document for a more
complete discussion). Furthermore,
DOE has concluded that there are 14
pool heater manufacturers, 12 DX–
DOAS manufacturers, nine CWH
manufacturers, five DPPPM
manufacturers, and 43 air cleaner
manufacturers that will have to submit
new annual certification reports to DOE
for those products. For all other
manufacturers of covered products or
E:\FR\FM\09OCR2.SGM
09OCR2
82058
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
equipment described in this final rule,
the public reporting burden for
certification remains unchanged.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of PRA, unless that
collection of information displays a
currently valid OMB Control Number.
khammond on DSKJM1Z7X2PROD with RULES2
D. Review Under the National
Environmental Policy Act of 1969
In this final rule, DOE establishes
amended certification, reporting, and
labeling requirements for CAC/HPs,
DWs, RCWs, pool heaters,
dehumidifiers, EPSs, battery chargers,
CRACs, DX–DOASes, three-phase, less
than 65,000 Btu/h ACUACs and
ACUHPs, three-phase, less than 65,000
Btu/h VRF, CWHs, ACIMs, walk-ins,
commercial and industrial pumps,
portable ACs, compressors, DPPPMs, air
cleaners, SPVUs, and CFLKs. For GSLs,
DOE does not change reporting
requirements and only specifies
compliance with existing ones. 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 regulations at 10 CFR part
1021. Specifically, DOE has determined
that adopting amended certification,
reporting, and labeling requirements for
consumer products and industrial
equipment is consistent with activities
identified in 10 CFR part 1021,
appendix A to subpart D, A5 and A6.
Accordingly, neither an environmental
assessment nor an environmental
impact statement is required.
E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 4, 1999), imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have federalism implications. The
Executive order requires agencies to
examine the constitutional and statutory
authority supporting any action that
would limit the policymaking discretion
of the States and to carefully assess the
necessity for such actions. The
Executive order also requires agencies to
have an accountable process to ensure
meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications. On March 14, 2000, DOE
published a statement of policy
describing the intergovernmental
consultation process it will follow in the
development of such regulations. 65 FR
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
13735. DOE examined this final rule
and determined that it will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. EPCA governs and
prescribes Federal preemption of State
regulations as to energy conservation for
the products that are the subject of this
final rule. States can petition DOE for
exemption from such preemption to the
extent, and based on criteria, set forth in
EPCA. (42 U.S.C. 6297(d)) No further
action is required by Executive Order
13132.
F. Review Under Executive Order 12988
Regarding the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (Feb. 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; (3)
provide a clear legal standard for
affected conduct rather than a general
standard; and (4) promote simplification
and burden reduction. Section 3(b) of
Executive Order 12988 specifically
requires that Executive agencies make
every reasonable effort to ensure that the
regulation (1) clearly specifies the
preemptive effect, if any; (2) clearly
specifies any effect on existing Federal
law or regulation; (3) provides a clear
legal standard for affected conduct
while promoting simplification and
burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, this final rule
meets the relevant standards of
Executive Order 12988.
G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (‘‘UMRA’’) requires
each Federal agency to assess the effects
of Federal regulatory actions on State,
local, and Tribal governments and the
private sector. Public Law 104–4, sec.
201 (codified at 2 U.S.C. 1531). For a
PO 00000
Frm 00066
Fmt 4701
Sfmt 4700
regulatory action resulting in a rule that
may cause the expenditure by State,
local, and Tribal governments, in the
aggregate, or by the private sector of
$100 million or more in any one year
(adjusted annually for inflation), section
202 of UMRA requires a Federal agency
to publish a written statement that
estimates the resulting costs, benefits,
and other effects on the national
economy. (2 U.S.C. 1532(a), (b)) The
UMRA also requires a Federal agency to
develop an effective process to permit
timely input by elected officers of State,
local, and Tribal governments on a
proposed ‘‘significant intergovernmental
mandate,’’ and requires an agency plan
for giving notice and opportunity for
timely input to potentially affected
small governments before establishing
any requirements that might
significantly or uniquely affect small
governments. On March 18, 1997, DOE
published a statement of policy on its
process for intergovernmental
consultation under UMRA. 62 FR
12820; also available at
www.energy.gov/gc/office-generalcounsel. DOE examined this final rule
according to UMRA and its statement of
policy and determined that the rule
contains neither an intergovernmental
mandate, nor a mandate that may result
in the expenditure of $100 million or
more in any year, so these requirements
do not apply.
H. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being. This
final rule will not have any impact on
the autonomy or integrity of the family
as an institution. Accordingly, DOE has
concluded that it is not necessary to
prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights’’ 53 FR 8859
(March 18, 1988), that this regulation
will not result in any takings that might
require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General
Government Appropriations Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides
for agencies to review most
E:\FR\FM\09OCR2.SGM
09OCR2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
disseminations of information to the
public under guidelines established by
each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (Feb. 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (Oct. 7, 2002). Pursuant to OMB
Memorandum M–19–15, Improving
Implementation of the Information
Quality Act (April 24, 2019), DOE
published updated guidelines which are
available at www.energy.gov/sites/prod/
files/2019/12/f70/DOE%20Final%20
Updated%20IQA%20Guidelines
%20Dec%202019.pdf. DOE has
reviewed this final rule under the OMB
and DOE guidelines and has concluded
that it is consistent with applicable
policies in those guidelines.
khammond on DSKJM1Z7X2PROD with RULES2
K. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to OMB, a
Statement of Energy Effects for any
significant energy action. A ‘‘significant
energy action’’ is defined as any action
by an agency that promulgated or is
expected to lead to promulgation of a
final rule, and that (1) is a significant
regulatory action under Executive Order
12866, or any successor order; and (2)
is likely to have a significant adverse
effect on the supply, distribution, or use
of energy; or (3) is designated by the
Administrator of OIRA as a significant
energy action. For any significant energy
action, the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use if the
regulation is implemented, and of
reasonable alternatives to the action and
their expected benefits on energy
supply, distribution, and use.
This regulatory action is not a
significant regulatory action under
Executive Order 12866. Moreover, it
would not have a significant adverse
effect on the supply, distribution, or use
of energy, nor has it been designated as
a significant energy action by the
Administrator of OIRA. Therefore, it is
not a significant energy action, and,
accordingly, DOE has not prepared a
Statement of Energy Effects.
L. Review Under Section 32 of the
Federal Energy Administration Act of
1974
Under section 301 of the Department
of Energy Organization Act (Pub. L. 95–
91; 42 U.S.C. 7101), DOE must comply
with section 32 of the Federal Energy
Administration Act of 1974, as amended
by the Federal Energy Administration
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
Authorization Act of 1977. (15 U.S.C.
788; ‘‘FEAA’’) Section 32 essentially
provides in relevant part that, where a
proposed rule authorizes or requires use
of commercial standards, the notice of
proposed rulemaking must inform the
public of the use and background of
such standards. In addition, section
32(c) requires DOE to consult with the
Attorney General and the Chairman of
the FTC concerning the impact of the
commercial or industry standards on
competition.
The modifications to the certification
reporting and labeling requirements for
CAC/HPs, DWs, RCWs, pool heaters,
dehumidifiers, EPSs, battery chargers,
CRACs, DX–DOASes, three-phase, less
than 65,000 Btu/h ACUACs and
ACUHPs, three-phase, less than 65,000
Btu/h VRF, CWHs, ACIMs, walk-ins,
commercial and industrial pumps,
portable ACs, compressors, DPPPMs, air
cleaners, SPVUs, and CFLKs adopted in
this final rule do not incorporate testing
methods contained in any commercial
standards. For GSLs, in this final rule,
DOE is not changing reporting
requirements and only specifying
compliance with existing reporting
requirements.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will
report to Congress on the promulgation
of this final rule prior to its effective
date. The report will state that it has
been determined that the final rule does
not fall within the scope of 5 U.S.C.
804(2).
N. Description of Materials Incorporated
by Reference
DOE is removing the existing
incorporation by reference of industry
standard ANSI/AHAM DW–1–2010
from 10 CFR 429.4 and 429.19. No other
changes are being made to materials
incorporated by reference.
V. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this final rule.
List of Subjects
10 CFR Part 429
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements, Small
businesses.
10 CFR Part 431
Administrative practice and
procedure, Confidential business
PO 00000
Frm 00067
Fmt 4701
Sfmt 4700
82059
information, Energy conservation test
procedures, and Reporting and
recordkeeping requirements.
Signing Authority
This document of the Department of
Energy was signed on September 19,
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
20, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
For the reasons stated in the
preamble, DOE amends parts 429 and
431 of chapter II of title 10, Code of
Federal Regulations as set forth below:
PART 429—CERTIFICATION,
COMPLIANCE, AND ENFORCEMENT
FOR CONSUMER PRODUCTS AND
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
1. The authority citation for part 429
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6317; 28 U.S.C.
2461 note.
§ 429.4
[Amended]
2. Amend § 429.4 by removing
paragraph (b)(1) and redesignating
paragraphs (b)(2) and (3) as paragraphs
(b)(1) and (2), respectively.
■ 3. Amend § 429.12 by revising
paragraphs (b)(12) and (13), (d), and (i)
to read as follows:
■
§ 429.12 General requirements applicable
to certification reports.
*
*
*
*
*
(b) * * *
(12) If the test sample size is listed as
‘‘0’’ to indicate the certification is based
upon the use of an alternate way of
determining measures of energy
conservation, identify the method used
for determining measures of energy
conservation (such as ‘‘AEDM,’’ or
linear interpolation). Manufacturers of
commercial packaged boilers,
E:\FR\FM\09OCR2.SGM
09OCR2
82060
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
commercial water heating equipment,
commercial refrigeration equipment,
commercial HVAC equipment, central
air conditioners and central air
conditioning heat pumps, and walk-in
coolers and walk-in freezers must
provide the manufacturer’s designation
(name or other identifier) of the AEDM
used; and
(13) Product specific information
listed in §§ 429.14 through 429.68.
*
*
*
*
*
(d) Annual filing. All data required by
paragraphs (a) through (c) of this section
shall be submitted to DOE annually, on
or before the following dates:
TABLE 1 TO PARAGRAPH (d)
Deadline for
data submission
Product category
Portable air conditioners .............................................................................................................................................................
Fluorescent lamp ballasts; Compact fluorescent lamps; General service fluorescent lamps, general service incandescent
lamps, and incandescent reflector lamps; Candelabra base incandescent lamps and intermediate base incandescent
lamps; Ceiling fans; Ceiling fan light kits; Showerheads; Faucets; Water closets; and Urinals.
Water heaters; Consumer furnaces; Pool heaters; Commercial water heating equipment; Commercial packaged boilers;
Commercial warm air furnaces; Commercial unit heaters; and Furnace fans.
Dishwashers; Commercial pre-rinse spray valves; Illuminated exit signs; Traffic signal modules and pedestrian modules;
and Distribution transformers.
Room air conditioners; Central air conditioners and central air conditioning heat pumps; Commercial heating, ventilating,
air conditioning (HVAC) equipment (excluding air-cooled, three-phase, small commercial package air conditioning and
heating equipment with a cooling capacity of less than 65,000 British thermal units per hour and air-cooled, three-phase,
variable refrigerant flow multi-split air conditioners and heat pumps with less than 65,000 British thermal units per hour
cooling capacity); and Air-cooled, three-phase, small commercial package air conditioning and heating equipment with a
cooling capacity of less than 65,000 British thermal units per hour and air-cooled, three-phase, variable refrigerant flow
multi-split air conditioners and heat pumps with a cooling capacity of less than 65,000 British thermal units per hour.
Consumer refrigerators, refrigerator-freezers, and freezers; Commercial refrigerators, freezers, and refrigerator-freezers;
Automatic commercial ice makers; Refrigerated bottled or canned beverage vending machines; Walk-in coolers and
walk-in freezers; and Consumer miscellaneous refrigeration products.
Torchieres; Dehumidifiers; Metal halide lamp ballasts and fixtures; External power supplies; Pumps; Dedicated-purpose
pool pump motors; Compressors; and Battery chargers.
Residential clothes washers; Residential clothes dryers; Direct heating equipment; Cooking products; and Commercial
clothes washers.
Air Cleaners .................................................................................................................................................................................
§ 429.16 Central air conditioners and
central air conditioning heat pumps.
*
*
*
VerDate Sep<11>2014
*
*
17:02 Oct 08, 2024
Jkt 265001
(b) * * *
(3) * * *
(i) * * *
(B) The upper 90 percent confidence
limit (UCL) of the true mean divided by
1.05, where:
UCL
s
=x + t.90(-;rn_)
And x̄ is the sample mean; s is the
sample standard deviation; n is the
number of samples; and t0.90 is the
Student’s t-Distribution Values for a 90
percent one-tailed confidence interval
with n¥1 degrees of freedom (from
appendix A to this subpart). Round
represented values of off-mode power
consumption to the nearest watt.
(ii) * * *
(B) The lower 90 percent confidence
limit (LCL) of the true mean divided by
0.95, where:
LCL
s
=x - t.90(J;_)
And x̄ is the sample mean; s is the
sample standard deviation; n is the
number of samples; and t0.90 is the
Student’s t-Distribution Values for a 90
percent one-tailed confidence interval
with n¥1 degrees of freedom (from
PO 00000
Frm 00068
Fmt 4701
Sfmt 4700
June 1.
July 1.
August 1.
September 1.
October 1.
December 1.
appendix A to this subpart). Round
represented values of EER, SEER, HSPF,
EER2, SEER2, and HSPF2 to the nearest
0.05.
(iii) * * *
(A) * * *
(2) The lower 90 percent confidence
limit (LCL) of the true mean divided by
0.95, where:
LCL
s
=x - t.90(7n)
And x̄ is the sample mean; s is the
sample standard deviation; n is the
number of samples; and t0.90 is the
Student’s t-Distribution Values for a 90
percent one-tailed confidence interval
with n¥1 degrees of freedom (from
appendix A to this subpart).
*
*
*
*
*
(e) * * *
(2) * * *
(v) For all split systems including
outdoor units with no match, the
refrigerant; and
(vi) For variable-speed coil only
systems; whether the represented value
is based on a non-communicating or
communicating control system.
*
*
*
*
*
(4) * * *
E:\FR\FM\09OCR2.SGM
09OCR2
ER09OC24.001</GPH> ER09OC24.002</GPH>
*
*
*
*
(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 initial
certification:
(1) Dedicated-purpose pool pump
motors <0.5 total horsepower (THP) and
dedicated-purpose pool pump motors
≥1.15 THP and ≤5 THP, September 29,
2025.
(2) Dedicated-purpose pool pump
motors ≥0.5 THP and <1.15 THP,
September 28, 2027.
(3) Direct expansion-dedicated
outdoor air systems, May 1, 2024.
■ 4. Amend § 429.16 by:
■ a. Revising paragraphs (b)(3)(i)(B),
(b)(3)(ii)(B), (b)(3)(iii)(A)(2), and
(e)(2)(v);
■ b. Adding paragraph (e)(2)(vi); and
■ c. Revising paragraph (e)(4)(iv).
The revisions and addition read as
follows:
May 1.
ER09OC24.000</GPH>
khammond on DSKJM1Z7X2PROD with RULES2
*
February 1.
March 1.
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
(iv) For blower coil systems, the
airflow-control settings associated with
full load cooling operation; the airflowcontrol settings or alternative
instructions for setting fan speed to the
speed upon which the rating is based;
and whether the system varies blower
speeds with outdoor air conditions;
*
*
*
*
*
■ 5. Amend § 429.19 by revising
paragraphs (b)(2) and (3) and adding
paragraph (c) to read as follows:
§ 429.19
Dishwashers.
khammond on DSKJM1Z7X2PROD with RULES2
*
*
*
*
*
(b) * * *
(2) Pursuant to § 429.12(b)(13), a
certification report shall include the
following public product-specific
information: The estimated annual
energy use in kilowatt hours per year
(kWh/yr), the water consumption in
gallons per cycle, and the capacity in
number of place settings.
(3) Pursuant to § 429.12(b)(13), a
certification report shall include the
following additional product-specific
information—
(i) The presence of a soil sensor, and
if yes, the number of cycles required to
reach calibration;
(ii) The water inlet temperature used
for testing in degrees Fahrenheit (°F);
(iii) The cycle selected for the energy
test and whether that cycle is soilsensing if testing is performed using
appendix C1 to subpart B of part 430 of
this chapter and the cycles selected for
the sensor heavy response, sensor
medium response, and sensor light
response and whether these cycles are
soil-sensing if testing is performed using
appendix C2 to subpart B of part 430 of
this chapter;
(iv) The options selected for the
energy test if testing is performed using
appendix C1 to subpart B of part 430 of
this chapter and the options selected for
the sensor heavy response, sensor
medium response, and sensor light
response if testing is performed using
appendix C2 to subpart B of part 430 of
this chapter;
(v) The average cleaning index for the
sensor heavy response, sensor medium
response, and sensor light response
cycles if testing is performed using
appendix C2 to subpart B of part 430 of
this chapter (see section 5.1 of appendix
C2 for the calculation of per-cycle
cleaning index for each test cycle);
(vi) Indication of whether Cascade
Complete Powder or Cascade with the
Grease Fighting Power of Dawn was
used as the detergent formulation. When
certifying dishwashers, other than water
re-use dishwashers, according to
appendix C1 to subpart B of part 430 of
this chapter:
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
(A) Before July 17, 2023, Cascade
Complete Powder detergent may be
used as the basis for certification in
conjunction with the detergent dosing
methods specified in either section
2.5.2.1.1 or section 2.5.2.1.2 of appendix
C1. Cascade with the Grease Fighting
Power of Dawn detergent may be used
as the basis for certification only in
conjunction with the detergent dosing
specified in section 2.5.2.1.1 of
appendix C1.
(B) Beginning July 17, 2023, Cascade
Complete Powder detergent may be
used as the basis for certification of
newly certified basic models only in
conjunction with the detergent dosing
method specified in section 2.5.2.1.2 of
appendix C1. Cascade with the Grease
Fighting Power of Dawn detergent may
be used as the basis for certification
only in conjunction with the detergent
dosing specified in section 2.5.2.1.1 of
appendix C1. Manufacturers may
maintain existing basic model
certifications made prior to July 17,
2023, consistent with the provisions of
paragraph (b)(3)(vi)(A) of this section.
(vii) The presence of a built-in water
softening system, and if yes, the energy
use in kilowatt hours and the water use
in gallons required for each regeneration
of the water softening system, the
number of regeneration cycles per year,
and data and calculations used to derive
these values;
(viii) Whether the product is a water
re-use system dishwasher, and if yes,
the energy use in kilowatt hours and
water use in gallons required for a drain
out event, the energy use in kilowatt
hours and water use in gallons required
for a clean out event, the number of
drain out events per year, the number of
clean out events per year, the water fill
volume to calculate detergent dosage in
gallons, and data and calculations used
to derive these values, as applicable;
and
(ix) The presence of a built-in
reservoir, and if yes, the manufacturerstated reservoir capacity in gallons, the
prewash fill water volume in gallons
and the main wash fill water volume in
gallons if testing is performed using
appendix C1 to subpart B of part 430 of
this chapter, and the reservoir water
consumption in gallons per cycle.
(c) Reported values. Values reported
pursuant to this subsection must be
rounded as follows:
(1) The represented value of estimated
annual energy use to the nearest
kilowatt hour per year.
(2) The represented value of water
consumption to the nearest 0.1 gallon
per cycle.
■ 6. Amend § 429.20 by revising
paragraphs (b) and (c) to read as follows:
PO 00000
Frm 00069
Fmt 4701
Sfmt 4700
§ 429.20
82061
Residential clothes washers.
*
*
*
*
*
(b) Certification reports. (1) The
requirements of § 429.12 are applicable
to residential clothes washers; and
(2) Pursuant to § 429.12(b)(13), a
certification report shall contain the
following public product-specific
information:
(i) For residential clothes washers
tested in accordance with appendix J to
subpart B of part 430 of this chapter: the
energy efficiency ratio (EER) in pounds
per kilowatt hour per cycle (lb/kWh/
cycle), the water efficiency ratio (WER)
in pounds per gallon per cycle (lb/gal/
cycle), the clothes container capacity in
cubic feet (cu ft), the corrected
remaining moisture content (RMC)
expressed as a percentage, the type of
control system (automatic or semiautomatic), and the type of loading (toploading or front-loading).
(ii) For residential clothes washers
tested in accordance with appendix J2
to subpart B of part 430 of this chapter:
the integrated modified energy factor
(IMEF) in cu ft/kWh/cycle, the
integrated water factor (IWF) in gal/
cycle/cu ft, the clothes container
capacity in cu ft, the corrected RMC
expressed as a percentage, and the type
of loading (top-loading or front-loading).
(3) Pursuant to 10 CFR 429.12(b)(13),
a certification report must include the
following additional product-specific
information: a list of all cycle selections
comprising the complete energy test
cycle for each basic model and the test
cloth lot number used for certification
testing.
(c) Reported values. Values reported
pursuant to this subsection must be
rounded as follows:
(1) MEF and IMEF to the nearest 0.01
cu ft/kWh/cycle;
(2) WF and IWF to the nearest 0.1 gal/
cycle/cu ft;
(3) EER to the nearest 0.01 lb/kWh/
cycle;
(4) WER to the nearest 0.01 lb/gal/
cycle;
(5) RMC to the nearest 0.1 percentage
point; and
(6) Clothes container capacity to the
nearest 0.1 cu ft.
■ 7. Amend § 429.24 by:
■ a. Revising paragraph (a)(2)
introductory text;
■ b. Adding paragraphs (a)(3) and (4);
■ c. Revising paragraph (b)(2); and
■ d. Adding paragraph (c).
The revisions and additions read as
follows:
§ 429.24
Pool heaters.
(a) * * *
(2) For each basic model of pool
heater, randomly select and test a
E:\FR\FM\09OCR2.SGM
09OCR2
khammond on DSKJM1Z7X2PROD with RULES2
82062
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
sample of sufficient size to ensure that
any represented value of the thermal
efficiency or integrated thermal
efficiency, as applicable, or other
measure of energy consumption of a
basic model for which consumers would
favor higher values shall be less than or
equal to the lower of:
*
*
*
*
*
(3) When certifying integrated thermal
efficiency, the represented value for
input capacity of a gas-fired pool heater
basic model reported in accordance
with paragraph (b)(2) of this section
must be the mean of the input capacities
measured for each tested unit of the
basic model, as determined in
accordance with the test procedure in
appendix P of subpart B of part 430 of
this chapter.
(4) When certifying integrated thermal
efficiency, the represented value of
active electrical power of an electric
pool heater basic model reported in
accordance with paragraph (b)(2) of this
section must be the mean of the
electrical power measured for each
tested unit of the basic model, as
determined in accordance with the test
procedure in appendix P of subpart B of
part 430 of this chapter.
(b) * * *
(2) Pursuant to § 429.12(b)(13),
include in each certification report the
following public product-specific
information:
(i) For gas-fired pool heaters: the
input capacity in British thermal units
per hour (Btu/h) and either the thermal
efficiency as a percentage (%) (when
certifying compliance with the energy
conservation standards specified at
§ 430.32(k)(1) of this chapter) or the
integrated thermal efficiency as a
percentage (%) (when certifying
compliance with the energy
conservation standards specified at
§ 430.32(k)(2) of this chapter), as
applicable.
(ii) For electric pool heaters (when
certifying compliance with the energy
conservation standards specified at
§ 430.32(k)(2) of this chapter): the
integrated thermal efficiency in percent
(%) and the active electrical power in
British thermal units per hour (Btu/h).
(c) Reported values. Round reported
values pursuant to this subsection as
follows:
(1) Integrated thermal efficiency for
gas-fired pool heaters to the nearest
tenth of one percent;
(2) Integrated thermal efficiency for
electric pool heaters to the nearest one
percent;
(3) Input capacity of a gas-fired pool
heater to the nearest 1,000 Btu/h; and
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
(4) Active electrical power of an
electric pool heater to the nearest 100
Btu/h.
■ 8. Amend § 429.33 by revising
paragraphs (b)(2)(ii)(A) and (b)(3)(ii)(B)
to read as follows.
§ 429.33
Ceiling fan light kits.
*
*
*
*
*
(b) * * *
(2) * * *
(ii) * * *
(A) For each basic model of lamp,
each basic model of consumerreplaceable SSL, and/or each basic
model of non-consumer-replaceable SSL
packaged with the ceiling fan light kit,
the brand, basic model number, test
sample size, kind of lamp (i.e., general
service fluorescent lamp (GSFL);
fluorescent lamp with a pin base that is
not a GSFL; compact fluorescent lamp
(CFL) with a medium screw base; CFL
with a base that is not medium screw
base [e.g., candelabra base]; other
fluorescent lamp [not GSFL or CFL];
general service incandescent lamp
(GSIL); candelabra base incandescent
lamp; intermediate base incandescent
lamp; incandescent reflector lamp; other
incandescent lamp [not GSIL, IRL,
candelabra base or intermediate base
incandescent lamp]; integrated LED
lamp; non-consumer-replaceable SSL;
consumer-replaceable SSL [not
integrated LED lamps] and other SSL
lamps that have an ANSI standard base
and are not integrated LED lamps; other
lamp not specified), lumen output in
lumens (lm), and efficacy in lumens per
watt (lm/W).
*
*
*
*
*
(3) * * *
(ii) * * *
(B) For each basic model of lamp,
each basic model of consumerreplaceable SSL, and/or each basic
model of non-consumer-replaceable SSL
packaged with the ceiling fan light kit,
a declaration that, where applicable, the
lamp basic model was tested by a
laboratory accredited as required under
§ 430.25 of this chapter; and
*
*
*
*
*
§ 429.36
[Amended]
9. Amend § 429.36 by:
a. Removing paragraph (b)(2)(i);
b. Redesignating paragraph (b)(2)(ii) as
(b)(2)(i); and
■ c. Adding a reserved paragraph
(b)(2)(ii).
■ 10. Amend § 429.37 by revising
paragraphs (b)(2) and (3) and (c) to read
as follows:
■
■
■
§ 429.37
*
PO 00000
*
External power supplies.
*
Frm 00070
*
Fmt 4701
*
Sfmt 4700
(b) * * *
(2) Pursuant to § 429.12(b)(13), a
certification report shall include the
following public product-specific
information:
(i) External power supplies: The
average active mode efficiency as a
percentage (%), no-load mode power
consumption in watts (W), nameplate
output power in watts (W), nameplate
output voltage in volts (V), the effective
wire gauge in American wire gauge
(AWG) and length in feet (ft) of the
recommended or included output cord,
and, if missing from the nameplate, the
output current in amperes (A) of the
basic model or the output current in
amperes (A) of the highest- and lowestvoltage models within the external
power supply design family.
(ii) Switch-selectable single-voltage
external power supplies: The average
active mode efficiency as a percentage
(%) value, no-load mode power
consumption in watts (W) using the
lowest and highest selectable output
voltages, the lowest and highest
selectable output voltages in volts (V),
nameplate output power in watts (W),
the effective wire gauge in American
wire gauge (AWG) and length in feet (ft)
of the recommended or included output
cord, and, if missing from the
nameplate, the output current in
amperes (A).
(iii) Adaptive single-voltage external
power supplies: The average activemode efficiency as a percentage (%) at
the highest and lowest nameplate
output voltages, no-load mode power
consumption in watts (W), nameplate
output power in watts (W) at the lowest
and highest nameplate output voltages,
the lowest and highest nameplate
output voltages in volts (V), the effective
wire gauge in American wire gauge
(AWG) and length in feet (ft) of the
recommended or included output cord,
and, if missing from the nameplate, the
output current in amperes (A) at the
highest and lowest nameplate output
voltages.
(iv) External power supplies that are
exempt from no-load mode
requirements under § 430.32(w)(5) of
this chapter: A statement that the
product is designed to be connected to
a security or life safety alarm or
surveillance system component, the
average active-mode efficiency as a
percentage (%), the nameplate output
power in watts (W), the nameplate
output voltage in volts (V), the effective
wire gauge in American wire gauge
(AWG) and length in feet (ft) of the
recommended or included output cord,
and, if missing from the nameplate, the
certification report must also include
the output current in amperes (A) of the
E:\FR\FM\09OCR2.SGM
09OCR2
§ 429.39
Battery chargers.
(a) * * *
(1) Represented values include:
(i) For all battery chargers other than
uninterruptible power supplies (UPSs)
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
tested under appendix Y to subpart B of
part 430 of this chapter: The unit energy
consumption (UEC) in kilowatt-hours
per year (kWh/yr), battery discharge
energy (Ebatt) in watt hours (Wh), 24hour energy consumption (E24) in watt
hours (Wh), maintenance mode power
(Pm) in watts (W), standby mode power
(Psb) in watts (W), off mode power (Poff)
in watts (W), and duration of the charge
and maintenance mode test (tcd) in
hours (hrs);
(ii) For all wired and fixed-location
wireless battery chargers other than
uninterruptible power supplies (UPSs)
tested under appendix Y1 to subpart B
of part 430 of this chapter: Battery
discharge energy (Ebatt) in watt hours
(Wh), active charge energy (Ea) in watt
hours (Wh), maintenance mode power
(Pm) in watts (W), no-battery mode
power (Pnb) in watts (W), standby mode
power (Psb) in watts (W), off mode
power (Poff) in watts (W), and duration
of the charge and maintenance mode
test (tcd) in hours (hrs);
(iii) For all open-placement wireless
battery chargers other than
uninterruptible power supplies (UPSs)
tested under appendix Y1 to subpart B
of part 430 of this chapter: no-battery
mode power (Pnb) in watts (W);
(iv) For UPSs: average load adjusted
efficiency (Effavg).
(2) * * *
(ii) For each basic model of battery
chargers other than UPSs tested under
appendix Y to subpart B of part 430 of
this chapter, a sample of sufficient size
must be randomly selected and tested to
ensure that the represented value of
UEC is greater than or equal to the
higher of:
*
*
*
*
*
(iii) For each basic model of battery
chargers other than UPSs tested under
appendix Y to subpart B of part 430 of
this chapter, using the sample from
paragraph (a)(2)(ii) of this section,
calculate the represented values of each
metric (i.e., maintenance mode power
(Pm), standby power (Psb), off mode
power (Poff), battery discharge energy
(Ebatt), 24-hour energy consumption
(E24), and duration of the charge and
maintenance mode test (tcd)), where the
represented value of the metric is:
*
*
*
*
*
(v) For each basic model of battery
chargers other than UPSs tested under
appendix Y1 to subpart B of part 430 of
this chapter, a sample of sufficient size
must be randomly selected and tested to
ensure that the represented value of Ea
for all wired and fixed-location wireless
chargers (or the represented value of Pnb
for all open-placement wireless
PO 00000
Frm 00071
Fmt 4701
Sfmt 4700
chargers) is greater than or equal to the
higher of:
(A) The mean of the sample, where:
and, x̄ is the sample mean; n is the number
of samples; and xi is the Ea (or Pnb, when
applicable) of the ith sample; or,
(B) The upper 97.5-percent
confidence limit (UCL) of the true mean
divided by 1.05, where:
s
UCL= i + to_97s(_·Jn?
and, x̄ is the sample mean; s is the sample
standard deviation; n is the number of
samples; and t0.975 is the Student’s tDistribution Values for a 97.5-percent onetailed confidence interval with n-1 degrees of
freedom (from appendix A to this subpart).
(vi) For each basic model of battery
chargers other than UPSs tested under
appendix Y1 to subpart B of part 430 of
this chapter, using the sample from
paragraph (a)(2)(v) of this section,
calculate the applicable represented
values of each metric (i.e., maintenance
mode power (Pm), no-battery mode
power (Pnb), standby power (Psb), off
mode power (Poff), battery discharge
energy (Ebatt), and duration of the charge
and maintenance mode test (tcd)), where
the represented value of the metric is:
and, x̄ is the sample mean; n is the number
of samples; and xi is the measured value of
the ith sample for the metric.
(b) * * *
(2) Pursuant to § 429.12(b)(13), when
tested under appendix Y to subpart B of
part 430 of this chapter, a certification
report must include the following
product-specific information for all
battery chargers other than UPSs: The
nameplate battery voltage of the test
battery in volts (V), the nameplate
battery charge capacity of the test
battery in ampere-hours (Ah), and the
nameplate battery energy capacity of the
test battery in watt-hours (Wh). A
certification report must also include
the represented values, as determined in
paragraph (a) of this section for the
maintenance mode power (Pm), standby
mode power (Psb), off mode power (Poff),
battery discharge energy (Ebatt), 24-hour
energy consumption (E24), duration of
the charge and maintenance mode test
(tcd), and unit energy consumption
(UEC).
(3) Pursuant to § 429.12(b)(13), when
tested under appendix Y to subpart B of
E:\FR\FM\09OCR2.SGM
09OCR2
ER09OC24.004</GPH> ER09OC24.005</GPH>
basic model or the output current in
amperes (A) of the highest- and lowestvoltage models within the external
power supply design family.
(3) Pursuant to § 429.12(b)(13), a
certification report for external power
supplies that are exempt from the
energy conservation standards at
§ 430.32(w)(1)(ii) of this chapter
pursuant to § 430.32(w)(2) of this
chapter must include the following
additional information if, in aggregate,
the total number of exempt EPSs sold as
spare and service parts by the certifier
exceeds 1,000 units across all models:
The total number of units of exempt
external power supplies sold during the
most recent 12-calendar-month period
ending on July 31, starting with the
annual report due on September 1,
2017. The certification report must also
include the exact timeframe (e.g., from
August 2016 to July 2017) of this most
recent 12-calendar-month period.
(c) Exempt external power supplies.
(1) For external power supplies that are
exempt from energy conservation
standards pursuant to § 430.32(w)(2) of
this chapter and are not required to be
certified pursuant to § 429.12(a) as
compliant with an applicable standard,
the importer or domestic manufacturer
must, no later than September 1, 2017,
and annually by each September 1st
thereafter, submit a report providing the
following information if, in aggregate,
the total number of exempt EPSs sold as
spare and service parts by the importer
or manufacturer exceeds 1,000 units
across all models:
(i) The importer or domestic
manufacturer’s name and address;
(ii) The brand name;
(iii) The number of units sold during
the most recent 12-calendar-month
period ending on July 31; and
(iv) The exact timeframe (e.g., from
August 2016 to July 2017) of this most
recent 12-calendar-month period.
(2) The report must be submitted to
DOE in accordance with the submission
procedures set forth in § 429.12(h).
■ 11. Amend § 429.39 by:
■ a. Revising paragraphs (a)(1), (a)(2)(ii)
introductory text, and (a)(2)(iii)
introductory text;
■ b. Adding paragraphs (a)(2)(v) and
(vi);
■ c. Revising paragraphs (b)(2) and (3);
and
■ d. Adding paragraphs (b)(5) and (6).
The revisions and additions read as
follows:
82063
ER09OC24.003</GPH>
khammond on DSKJM1Z7X2PROD with RULES2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
82064
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
part 430 of this chapter, a certification
report must include the following
product-specific information for all
battery chargers other than UPSs: The
manufacturer and model of the test
battery, and the manufacturer and
model, when applicable, of the external
power supply.
*
*
*
*
*
(5) Pursuant to § 429.12(b)(13), when
tested under appendix Y1 to subpart B
of part 430 of this chapter, a
certification report must include the
following product-specific information
for all wired and fixed-location wireless
battery chargers other than UPSs: The
manufacturer and model of the test
battery, the manufacturer and model,
when applicable, of the external power
supply, the nameplate battery voltage of
the test battery in volts (V), the
nameplate battery charge capacity of the
test battery in ampere-hours (Ah), and
the nameplate battery energy capacity of
the test battery in watt-hours (Wh). A
certification report must also include
the represented values, as determined in
paragraph (a) of this section for the
maintenance mode power (Pm), nobattery mode power (Pnb), standby mode
power (Psb), off mode power (Poff),
battery discharge energy (Ebatt), 24-hour
energy consumption (E24), active charge
energy (Ea), and duration of the charge
and maintenance mode test (tcd).
(6) Pursuant to § 429.12(b)(13), when
tested under appendix Y1 to subpart B
of part 430 of this chapter, a
certification report must include the
following product-specific information
for all open-placement wireless battery
chargers other than UPSs: The
manufacturer and model, when
applicable, of the external power
supply. A certification report must also
include the represented values, as
determined in paragraph (a) of this
section for the no-battery mode power
(Pnb).
■ 12. Amend § 429.43 by:
■ a. Revising the section heading and
paragraphs (b)(2)(v), (vi), and (ix);
■ b. Adding paragraphs (b)(2)(xi) and
(b)(3)(iii);
■ c. Revising paragraphs (b)(4)(vi)
through (viii); and
■ d. Adding paragraphs (b)(4)(x) and
(b)(6).
The revisions and additions read as
follows:
§ 429.43 Commercial heating, ventilating,
air conditioning (HVAC) equipment.
*
*
*
*
*
(b) * * *
(2) * * *
(v) Single package vertical air
conditioners:
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
(A) When certifying compliance with
an EER standard: The energy efficiency
ratio (EER in British thermal units per
Watt-hour (Btu/Wh)), and the rated
cooling capacity in British thermal units
per hour (Btu/h).
(B) When certifying compliance with
an IEER standard: the integrated energy
efficiency ratio (IEER in British thermal
units per Watt-hour (Btu/Wh)), the rated
cooling capacity in British thermal units
per hour (Btu/h), and the rated airflow
in standard cubic feet per minute
(SCFM). For units with rated cooling
capacity <65,000 Btu/h: whether the
unit is weatherized or non-weatherized;
and if non-weatherized, the airflow rate
of outdoor ventilation air which is
drawn in and conditioned as
determined in accordance with
§ 429.134(x)(3), while the equipment is
operating with the same drive kit and
motor settings used to determine the
certified efficiency rating of the
equipment.
(vi) Single package vertical heat
pumps:
(A) When certifying compliance with
an EER standard: the energy efficiency
ratio (EER in British thermal units per
Watt-hour (Btu/Wh)), and the coefficient
of performance (COP), and the rated
cooling capacity in British thermal units
per hour (Btu/h).
(B) When certifying compliance with
an IEER standard: the integrated energy
efficiency ratio (IEER in British thermal
units per Watt-hour (Btu/Wh)), and the
coefficient of performance (COP), the
rated cooling capacity in British thermal
units per hour (Btu/h), and the rated
airflow in standard cubic feet per
minute (SCFM). For units with cooling
capacity <65,000 Btu/h: whether the
unit is weatherized or non-weatherized;
and if non-weatherized, the airflow rate
of outdoor ventilation air which is
drawn in and conditioned as
determined in accordance with
§ 429.134(x)(3), while the equipment is
operating with the same drive kit and
motor settings used to determine the
certified efficiency rating of the
equipment.
*
*
*
*
*
(ix) Computer room air-conditioners:
(A) When certifying compliance with
a SCOP standard: The net sensible
cooling capacity in British thermal units
per hour (Btu/h), the net cooling
capacity in British thermal units per
hour (Btu/h), the configuration (upflow/
downflow), economizer presence (yes or
no), condenser medium (air, water, or
glycol-cooled), sensible coefficient of
performance (SCOP), and rated airflow
in standard cubic feet per minute
(SCFM).
PO 00000
Frm 00072
Fmt 4701
Sfmt 4700
(B) When certifying compliance with
an NSenCOP standard: The net sensible
cooling capacity in British thermal units
per hour (Btu/h), the net total cooling
capacity in British thermal units per
hour (Btu/h), whether the basic model is
split system or single-package, the
configuration (downflow, upflow
ducted, upflow non-ducted, horizontal
flow, ceiling-mounted ducted, ceilingmounted non-ducted), fluid economizer
presence (yes or no), condenser heat
rejection medium (air, water, or glycolcooled), net sensible coefficient of
performance (NSenCOP), rated airflow
in standard cubic feet per minute
(SCFM), and the refrigerant used to
determine the represented values.
*
*
*
*
*
(xi) Direct-expansion dedicated
outdoor air systems:
(A) When certifying compliance with
an ISMRE2 standard: the integrated
seasonal moisture removal efficiency 2
(ISMRE2 in lbs. of moisture per
kilowatt-hour (lb/kWh)), the rated
moisture removal capacity at Standard
Rating Condition A according to
appendix B to subpart F of part 431 of
this chapter (MRC in lbs of moisture per
hour (lb/h)), and the rated supply
airflow rate for 100 percent outdoor air
applications (QSA in standard cubic feet
per minute).
(B) When certifying compliance with
an ISCOP2 standard: the integrated
seasonal coefficient of performance 2
(ISCOP2 in Watts of heating per Watts
of power input (W/W)).
(C) The configuration of the basic
model number (i.e., ‘‘single-package’’ or
‘‘split system’’) shall also be provided.
(3) * * *
(iii) For direct-expansion dedicated
outdoor air systems with ventilation
energy recovery systems, method of
determination of the exhaust air transfer
ratio (EATR), sensible effectiveness, and
latent effectiveness of the ventilation
energy recovery system (name and
version of certified performance
modeling software or if the device was
directly tested). The test method (i.e.,
Option 1 or Option 2) for units rated
based on testing and motor control
settings (including rotational speed) for
energy recovery wheels shall also be
provided.
(4) * * *
(vi) Single package vertical airconditioners:
(A) When certifying compliance with
an EER standard: Any additional testing
instructions, if applicable; if a variety of
motors/drive kits are offered for sale as
options in the basic model to account
for varying installation requirements,
the model number and specifications of
E:\FR\FM\09OCR2.SGM
09OCR2
khammond on DSKJM1Z7X2PROD with RULES2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
the motor (to include efficiency,
horsepower, open/closed, and number
of poles) and the drive kit, including
settings, associated with that specific
motor that were used to determine the
certified rating; and which, if any,
special features were included in rating
the basic model.
(B) When certifying compliance with
an IEER standard: Compressor break-in
period duration; rated indoor airflow in
standard cubic feet per minute (SCFM);
frequency or control set points
including the required dip switch/
control settings for step or variablespeed components (e.g., compressors,
VFDs); rated indoor airflow in SCFM for
each part-load point used in the IEER
calculation and any special instructions
required to obtain operation at each
part-load point, such as frequency or
control set points including dip switch/
control settings for step or variablespeed components (e.g., compressors,
VFDs); a statement whether the model
will operate at test conditions without
manufacturer programming; outdoor airside attachments used for testing; any
additional testing instructions, if
applicable; and if a variety of motors/
drive kits are offered for sale as options
in the basic model to account for
varying installation requirements, the
model number and specifications of the
motor (to include efficiency,
horsepower, open/closed, and number
of poles) and the drive kit, including
settings, associated with that specific
motor that were used to determine the
certified rating; any additional
applicable testing instructions, are also
required.
(vii) Single package vertical heat
pumps:
(A) When certifying compliance with
an EER standard: Any additional testing
instructions, if applicable; if a variety of
motors/drive kits are offered for sale as
options in the basic model to account
for varying installation requirements,
the model number and specifications of
the motor (to include efficiency,
horsepower, open/closed, and number
of poles) and the drive kit, including
settings, associated with that specific
motor that were used to determine the
certified rating; and which, if any,
special features were included in rating
the basic model.
(B) When certifying compliance with
an IEER standard: The rated heating
capacity in British thermal units per
hour (Btu/h); compressor break-in
period duration; rated indoor airflow in
standard cubic feet per minute (SCFM)
(in cooling mode); rated airflow in
SCFM in heating mode if the unit is
designed to operate with different
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
airflow rates for cooling and heating
mode; frequency or control set points
including the required dip switch/
control settings for step or variablespeed components (e.g., compressors,
VFDs); rated indoor airflow in SCFM for
each part-load point used in the IEER
calculation and any special instructions
required to obtain operation at each
part-load point, such as frequency or
control set points including dip switch/
control settings for step or variablespeed components (e.g., compressors,
VFDs); a statement whether the model
will operate at test conditions without
manufacturer programming; outdoor airside attachments used for testing; any
additional testing instructions, if
applicable; and if a variety of motors/
drive kits are offered for sale as options
in the basic model to account for
varying installation requirements, the
model number and specifications of the
motor (to include efficiency,
horsepower, open/closed, and number
of poles) and the drive kit, including
settings, associated with that specific
motor that were used to determine the
certified rating; or any additional
applicable testing instructions, are also
required.
(viii) Computer room air-conditioners:
(A) When certifying compliance with
a SCOP standard: Any additional
testing instructions, if applicable; and
which, if any, special features were
included in rating the basic model.
(B) When certifying compliance with a
NSenCOP standard: Compressor breakin period duration; frequency or control
set points including the required dip
switch/control settings for step or
variable-speed components (e.g.,
compressors, VFDs); a statement
whether the model will operate at test
conditions without manufacturer
programming; any additional testing
instructions, if applicable; if a variety of
motors/drive kits are offered for sale as
options in the basic model to account
for varying installation requirements,
the model number and specifications of
the motor (to include efficiency,
horsepower, open/closed, and number
of poles) and the drive kit, including
settings, associated with that specific
motor that were used to determine the
certified rating.
*
*
*
*
*
(x) Direct-expansion dedicated
outdoor air systems:
(A) For units without ventilation
energy recovery systems: water flow rate
in gallons per minute (gpm) for watercooled and water-source units; rated
ESP in inches of water column for the
supply air stream; frequency or control
PO 00000
Frm 00073
Fmt 4701
Sfmt 4700
82065
set points for variable-speed
components (e.g., compressors, VFDs);
required dip switch/control settings for
step or variable-speed components (e.g.,
reheat or head pressure control valves);
a statement whether the model will
operate at test conditions without
manufacturer programming; if a variety
of motors/drive kits are offered for sale
as options in the basic model to account
for varying installation requirements,
the model number and specifications of
the motor (to include efficiency,
horsepower, open/closed, and number
of poles) and the drive kit, including
settings, associated with that specific
motor that were used to determine the
certified rating; and any additional
testing instructions specified in
appendix B to subpart F of part 431 of
this chapter, if applicable (e.g., supply
air dry-bulb temperatures for ISMRE2
tests, equipment settings for airflow,
installation priority for split-system
units, defrost control settings for airsource heat pump units, break-in
period, or condenser head pressure
controls.
(B) For units with ventilation energy
recovery systems, the requirements in
paragraph (b)(4)(x)(A) of this section
apply, in addition to: rated ESP in
inches of water column for the return air
stream; exhaust air transfer ratio at the
rated supply airflow rate and a neutral
pressure difference between return and
supply airflow (EATR as a percent
value); sensible and latent effectiveness
of the ventilation energy recovery
system at 75 percent of the nominal
supply airflow and zero pressure
differential in accordance with the DOE
test procedure in appendix B to subpart
F of part 431 of this chapter; sensible
and latent effectiveness of the
ventilation energy recovery system at
100 percent of the nominal supply
airflow and zero pressure differential in
accordance with the DOE test procedure
in appendix B to subpart F of part 431
of this chapter; and any additional
testing instructions, if applicable (e.g.,
deactivation of VERS or VERS bypass in
accordance with appendix B to subpart
F of part 431 of this chapter).
*
*
*
*
*
(6) Basic and individual model
numbers. The basic model number and
individual model number(s) required to
be reported under § 429.12(b)(6) must
consist of the following:
(i) For computer room airconditioners:
E:\FR\FM\09OCR2.SGM
09OCR2
82066
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
TABLE 8 TO PARAGRAPH (b)(6)(i)
Individual model No(s).
Single-package or split system?
Basic model No.
1
Single-Package .....................................................
Split System ..........................................................
Number unique to the basic model ......................
Number unique to the basic model ......................
Package ................
Indoor Unit ............
2
N/A.
Outdoor Unit.
(ii) For direct-expansion dedicated
outdoor air systems:
TABLE 9 TO PARAGRAPH (b)(6)(ii)
Individual model No(s).
Equipment configuration
Basic model No.
1
Single-Package .....................................................
Split System ..........................................................
*
*
*
*
*
13. Amend § 429.44 by revising
paragraph (c)(2) to read as follows:
■
§ 429.44 Commercial water heating
equipment.
khammond on DSKJM1Z7X2PROD with RULES2
*
*
*
*
*
(c) * * *
(2) Pursuant to § 429.12(b)(13), a
certification report must include the
following public equipment-specific
information:
(i) Commercial electric storage water
heaters with measured storage volume
less than or equal to 140 gallons: The
standby loss in percent per hour (%/h);
whether the rated input rate is greater
than 12kW (Yes/No); whether the ratio
of input rate per gallon of stored water
is less than 4,000 Btu/h/gallon (Yes/No);
and the measured storage volume in
gallons (gal).
(ii) Commercial gas-fired and oil-fired
storage water heaters with rated storage
volume less than or equal to 140
gallons: The thermal efficiency in
percent (%), the standby loss in British
thermal units per hour (Btu/h), the rated
storage volume in gallons (gal), and the
rated input in British thermal units per
hour (Btu/h).
(iii) Commercial water heaters and
hot water supply boilers with storage
capacity greater than 140 gallons:
(A) For gas-fired and oil-fired units:
The thermal efficiency in percent (%);
whether the rated storage volume is
greater than 140 gallons (Yes/No);
whether the tank surface area is
insulated with at least R–12.5 (Yes/No);
whether a standing pilot light is used
(Yes/No); whether the basic model has
a fire damper or fan-assisted combustion
(Yes/No); and, if applicable, pursuant to
§ 431.110 of this chapter, the standby
loss in British thermal units per hour
(Btu/h); the rated storage volume in
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
Number unique to the basic model ......................
Number unique to the basic model ......................
gallons (gal); and the rated input in
British thermal units per hour (Btu/h).
(B) For electric units: whether the
rated storage volume is greater than 140
gallons (Yes/No); whether the tank
surface area is insulated with at least R–
12.5 (Yes/No); whether the rated input
is greater than 12kW (Yes/No); whether
the ratio of input rate per gallon of
stored water is less than 4,000 Btu/h
(Yes/No); and, if applicable, pursuant to
§ 431.110 of this chapter, the standby
loss in percent per hour (%/h); and the
measured storage volume in gallons
(gal).
(iv) Commercial gas-fired and oil-fired
instantaneous water heaters with rated
storage volume greater than or equal to
10 gallons and gas-fired and oil-fired
hot water supply boilers with rated
storage volume greater than or equal to
10 gallons: The thermal efficiency in
percent (%); the standby loss in British
thermal units per hour (Btu/h); the rated
storage volume in gallons (gal); the rated
input in British thermal units per hour
(Btu/h); whether the water heater
includes a storage tank with a storage
volume greater than or equal to 10
gallons (Yes/No). For equipment that
does not meet the definition of storagetype instantaneous water heaters (as set
forth in 10 CFR 431.102), in addition to
the requirements discussed previously
in this paragraph (c)(2)(iv), the
following must also be included in the
certification report: whether the
measured storage volume is determined
using weight-based test in accordance
with § 431.106 of this chapter or the
calculation-based method in accordance
with § 429.72; whether the water heater
will initiate main burner operation
based on a temperature-controlled call
for heating that is internal to the water
heater (Yes/No); whether the water
heater is equipped with an integral
PO 00000
Frm 00074
Fmt 4701
Sfmt 4700
Package ................
Outdoor Unit .........
2
N/A.
Indoor Unit.
pump purge functionality (Yes/No); if
the water heater is equipped with
integral pump purge, the default
duration of the pump off delay
(minutes).
(v) Commercial gas-fired and oil-fired
instantaneous water heaters with rated
storage volume less than 10 gallons and
gas-fired and oil-fired hot water supply
boilers with rated storage volume less
than 10 gallons: The thermal efficiency
in percent (%); the rated storage volume
in gallons (gal), the rated input in
British thermal units per hour (Btu/h);
and whether the measured storage
volume is determined using weightbased test in accordance with § 431.106
of this chapter or the calculation-based
method in accordance with § 429.72.
(vi) Commercial electric
instantaneous water heaters with
measured storage volume greater than
or equal to 10 gallons (excluding
storage-type instantaneous water
heaters with storage capacity greater
than 140 gallons): The thermal
efficiency in percent (%); the standby
loss in percent per hour (%/h); whether
the rated input is greater than 12kW
(Yes/No); whether the ratio of input rate
per gallon of stored water is not less
than 4,000 Btu/h (Yes/No);the measured
storage volume in gallons (gal); and
whether the water heater includes a
storage tank with a storage volume
greater than or equal to 10 gallons (Yes/
No). For equipment that does not meet
the definition of ‘‘storage-type
instantaneous water heater’’ (as set forth
in § 431.102 of this chapter), the
following must also be included in the
certification report: whether the
measured storage volume is determined
using a weight-based test in accordance
with § 431.106 of this chapter or the
calculation-based method in accordance
with § 429.72; whether the water heater
E:\FR\FM\09OCR2.SGM
09OCR2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
§ 429.45 Automatic commercial ice
makers.
(a) * * *
(2) * * *
(ii) The upper 95 percent confidence
limit (UCL) of the true mean divided by
1.10, where:
UCL
= X - to.95 ( ~
And x̄ is the sample mean; s is the sample
standard deviation; n is the number of
samples; and t0.95 is the Student’s tDistribution Values for a 95 percent onetailed confidence interval with n-1 degrees of
freedom (from appendix A to this subpart).
khammond on DSKJM1Z7X2PROD with RULES2
*
*
*
*
*
(b) * * *
(2) Pursuant to § 429.12(b)(13), a
certification report shall include the
following public product-specific
information: The energy use in kilowatt
hours per 100 pounds of ice (kWh/100
lb), the condenser water use in gallons
per 100 pounds of ice (gal/100 lb), the
harvest rate in lb/24 h, the type of
cooling, and the equipment type.
(3) For reporting, round harvest rate to
the nearest 1 lb/24 h for harvest rates
above 50 lb/24 h; round condenser
water use to the nearest 1 gal/100 lb;
and round energy use to the nearest 0.01
kWh/100 lb.
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
15. Amend § 429.53 by revising
paragraph (b) to read as follows:
■
§ 429.53 Walk-in coolers and walk-in
freezers.
*
*
*
*
*
(b) Certification reports. (1) The
requirements of § 429.12 apply to
manufacturers of walk-in cooler and
walk-in freezer panels, doors, and
refrigeration systems, and;
(2) Pursuant to § 429.12(b)(13), a
certification report must include the
following public product-specific
information:
(i) For display and non-display doors:
(A) The door type;
(B) R-value of the door insulation (as
applicable);
(C) A declaration that the
manufacturer has incorporated the
applicable design requirements;
(D) For transparent reach-in display
doors and windows, the glass type of
the doors and windows (e.g., doublepane with heat reflective treatment,
triple-pane glass with gas fill);
(E) Power draw of the anti-sweat
heater in watts per square foot of door
opening;
(F) Door energy consumption in
kilowatt-hours per day;
(G) Rated surface area in square feet;
and
(H) For doors with anti-sweat heater
controls, the range of temperature
conditions (in degrees Fahrenheit) and/
or relative humidity conditions (in
percent, %) at which the anti-sweat
heater turns on.
(ii) For panels: The R-value of the
insulation.
(iii) For refrigeration systems:
(A) The installed motor’s functional
purpose (i.e., evaporator fan motor or
condenser fan motor), its rated
horsepower, and a declaration that the
manufacturer has incorporated the
applicable walk-in-specific design
requirements into the motor;
(B) The refrigeration system AWEF
and net capacity in BTU/h;
(C) The configuration tested for
certification (e.g., condensing unit only,
unit cooler only, single-packaged
dedicated system matched-pair,
attached split-system, or detachable
single-packaged system);
(D) Whether an indoor dedicated
condensing unit is also certified as an
outdoor dedicated condensing unit and,
if so, the basic model number for the
outdoor dedicated condensing unit; and
(E) Whether the certified basic model
meets the definition of a CO2 unit
cooler.
(3) Pursuant to § 429.12(b)(13), a
certification report must include the
following non-public product-specific
PO 00000
Frm 00075
Fmt 4701
Sfmt 4700
information in addition to the
information listed in paragraph (b)(2) of
this section:
(i) For display and non-display doors:
(A) The rated power of each light,
heater wire, and/or other electricity
consuming device associated with each
basic model of display and non-display
door; and whether such device(s) has a
timer, control system, or other demandbased control reducing the device’s
power consumption; and
(B) The conduction load through the
door in Btu/h.
(ii) For refrigeration systems:
(A) Whether the dedicated
condensing system using flooded head
pressure controls; and
(B) The compressor break-in period, if
used.
(4) Pursuant to § 429.12(b)(13), a
certification report must include
supplemental information submitted in
PDF format. The equipment-specific
supplemental information must be
consistent with the equipment’s
installation or operating instructions;
include any additional testing and
testing set up instructions (e.g., charging
instructions) for the basic model;
identify all special features that were
included in rating the basic model; and
include all other information (e.g., any
specific settings or controls) necessary
to operate the basic model under the
required conditions specified by the
relevant test procedure. A manufacturer
may also include with a certification
report other supplementary items in
PDF format (e.g., operating manuals
and/or installation instructions) for DOE
to consider when performing testing
under appendix C and appendix C1 to
subpart R of part 431.
■ 16. Amend § 429.59 by revising
paragraphs (b)(2)(i) through (iii) to read
as follows.
§ 429.59
Pumps.
*
*
*
*
*
(b) * * *
(2) * * *
(i) For a pump subject to the test
methods prescribed in section III of
appendix A to subpart Y of part 431 of
this chapter: PEICL; pump total head in
feet (ft.) at BEP and nominal speed;
volume per unit time (flow rate) in
gallons per minute (gpm) at BEP and
nominal speed; the nominal speed of
rotation in revolutions per minute
(rpm); calculated driver power input at
each load point i (Piin), corrected to
nominal speed, in horsepower (hp); full
impeller diameter in inches (in.); and
for RSV and ST pumps, the number of
stages tested.
(ii) For a pump subject to the test
methods prescribed in section IV or V
E:\FR\FM\09OCR2.SGM
09OCR2
ER09OC24.006</GPH>
will initiate heating element operation
based on a temperature-controlled call
for heating that is internal to the water
heater (Yes/No); whether the water
heater is equipped with an integral
pump purge functionality (Yes/No); and
if the water heater is equipped with
integral pump purge, the default
duration of the pump off delay
(minutes).
(vii) Commercial electric
instantaneous water heaters with
measured storage volume less than 10
gallons: The thermal efficiency in
percent (%); whether the rated input is
greater than 12kW (Yes/No); whether
the ratio of input rate per gallon of
stored water is not less than 4,000 Btu/
h (Yes/No); the measured storage
volume in gallons (gal); and whether the
measured storage volume is determined
using a weight-based test in accordance
with § 431.106 of this chapter or the
calculation-based method in accordance
with § 429.72.
(viii) Commercial unfired hot water
storage tanks: The thermal insulation
(i.e., R-value) and stored volume in
gallons (gal).
*
*
*
*
*
■ 14. Amend § 429.45 by revising
paragraphs (a)(2)(ii) and (b)(2) and
adding paragraph (b)(3) to read as
follows:
82067
82068
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES2
§ 429.62
Portable air conditioners.
(a) * * *
(5) The represented value of
combined energy efficiency ratio (CEER)
or annualized energy efficiency ratio of
a basic model must be rounded to the
nearest 0.1 British thermal units per
Watt-hour (Btu/Wh).
*
*
*
*
*
(b) * * *
(2) Pursuant to § 429.12(b)(13), a
certification report shall include the
following public product-specific
information: The CEER in Btu/Wh, the
seasonally adjusted cooling capacity in
British thermal units per hour (Btu/h),
the duct configuration used for testing
(single-duct or dual-duct), the ability to
operate in both duct configurations (yes
or no), presence of heating function, and
primary condensate removal feature
(auto-evaporation, gravity drain,
removable internal collection bucket, or
condensate pump).
(3) Pursuant to § 429.12(b)(13), a
certification report shall include the
following additional public productspecific information: whether the basic
model is variable-speed (yes or no), and
if yes; the full-load seasonally adjusted
cooling capacity (SACC_Full), in British
thermal units per hour (Btu/h).
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
18. Amend § 429.65 by adding
paragraphs (e) and (f) to read as follows:
■
§ 429.65
motors.
Dedicated-purpose pool pump
*
*
*
*
*
(e) Certification reports for dedicated
purpose pool pump motors. (1) The
requirements of § 429.12 apply to
dedicated-purpose pool pump motors.
(2) Pursuant to § 429.12(b)(13), a
certification report must include the
following public, product-specific
information for each basic model:
(i) The dedicated-purpose pool pump
motor total horsepower as described in
paragraph (c)(1)(v) of this section;
(ii) For all basic models with total
horsepower less than 0.5 THP, the fullload efficiency in percent (%) as
described in this section; and
(iii) For all basic models with total
horsepower greater than or equal to 0.5
THP: a statement confirming that the
motor is a variable speed control
dedicated purpose pool pump motor, as
defined at § 431.483 of this chapter; and
a statement regarding whether freeze
protection is shipped enabled or
disabled; for dedicated-purpose pool
pump motors distributed in commerce
with freeze protection controls enabled:
The default dry-bulb air temperature
setting (in °F), default run time setting
(in minutes), maximum operating speed
(in revolutions per minute, or rpm), and
default motor speed in freeze protection
mode (in revolutions per minute, or
rpm).
(f) Rounding requirements. (1) Round
dedicated-purpose-pool pump motor
total horsepower to the nearest
hundredth of a THP;
(2) Round full-load efficiency to the
nearest tenth of a percent; and
(3) For dedicated-purpose pool pump
motor basic models with total
horsepower greater than or equal to 0.5
THP and distributed in commerce with
freeze protection controls enabled,
round the dry-bulb temperature setting,
run time setting, maximum operating
speed, and default motor speed in freeze
protection mode to the nearest whole
number.
■ 19. Amend § 429.67 by revising
paragraphs (c)(2)(ii)(A)(2), (f)(2), and
(f)(3)(i) and (ii) and adding paragraph
(f)(4) to read as follows:
§ 429.67 Air-cooled, three-phase, small
commercial package air conditioning and
heating equipment with a cooling capacity
of less than 65,000 British thermal units per
hour and air-cooled, three-phase, variable
refrigerant flow multi-split air conditioners
and heat pumps with a cooling capacity of
less than 65,000 British thermal units per
hour.
*
PO 00000
*
*
Frm 00076
*
Fmt 4701
*
Sfmt 4700
(c) * * *
(2) * * *
(ii) * * *
(A) * * *
(2) The lower 90 percent confidence
limit (LCL) of the true mean divided by
0.95, where:
And x̄ is the sample mean; s is the
sample standard deviation; n is the
number of samples; and t0.90 is the
Student’s t-Distribution Values for a 90
percent one-tailed confidence interval
with n¥1 degrees of freedom (from
appendix A to this subpart).
*
*
*
*
*
(f) * * *
(2) Pursuant to § 429.12(b)(13), for
each individual model (for singlepackage systems) or individual
combination (for split-systems,
including outdoor units with no match
and ‘‘tested combinations’’ for multisplit, multi-circuit, and multi-head
mini-split systems), a certification
report must include the following
public equipment-specific information:
(i) Commercial package air
conditioning equipment that is aircooled with a cooling capacity of less
than 65,000 Btu/h (3-Phase):
(A) When certifying compliance with
a SEER standard: The seasonal energy
efficiency ratio (SEER in British thermal
units per Watt-hour (Btu/Wh)), and the
rated cooling capacity in British thermal
units per hour (Btu/h).
(B) When certifying compliance with
a SEER2 standard: the seasonal energy
efficiency ratio 2 (SEER2 in British
thermal units per Watt-hour (Btu/Wh))
and the rated cooling capacity in British
thermal units per hour (Btu/h).
(ii) Commercial package heating
equipment that is air-cooled with a
cooling capacity of less than 65,000 Btu/
h (3-Phase):
(A) When certifying compliance with
an HSPF standard: The seasonal energy
efficiency ratio (SEER in British thermal
units per Watt-hour (Btu/Wh)), the
heating seasonal performance factor
(HSPF in British thermal units per Watthour (Btu/Wh)), and the rated cooling
capacity in British thermal units per
hour (Btu/h).
(B) When certifying compliance with
an HSPF2 standard: the seasonal energy
efficiency ratio 2 (SEER2 in British
thermal units per Watt-hour (Btu/Wh)),
the heating seasonal performance factor
2 (HSPF2 in British thermal units per
Watt-hour (Btu/Wh)) and the rated
cooling capacity in British thermal units
per hour (Btu/h).
E:\FR\FM\09OCR2.SGM
09OCR2
ER09OC24.007</GPH>
of appendix A to subpart Y of part 431
of this chapter: PEICL; pump total head
in feet (ft.) at BEP and nominal speed;
volume per unit time (flow rate) in
gallons per minute (gpm) at BEP and
nominal speed; the nominal speed of
rotation in revolutions per minute
(rpm); driver power input at each load
point i (Piin), corrected to nominal
speed, in horsepower (hp); full impeller
diameter in inches (in.); whether the
PEICL is calculated or tested; and for
RSV and ST pumps, number of stages
tested.
(iii) For a pump subject to the test
methods prescribed in section VI or VII
of appendix A to subpart Y of part 431
of this chapter: PEIVL; pump total head
in feet (ft.) at BEP and nominal speed;
volume per unit time (flow rate) in
gallons per minute (gpm) at BEP and
nominal speed; the nominal speed of
rotation in revolutions per minute
(rpm); driver power input (measured as
the input power to the driver and
controls) at each load point i (Piin),
corrected to nominal speed, in
horsepower (hp); full impeller diameter
in inches (in.); whether the PEIVL is
calculated or tested; and for RSV and ST
pumps, the number of stages tested.
*
*
*
*
*
■ 17. Amend § 429.62 by revising
paragraphs (a)(5) and (b)(2) and adding
paragraph (b)(3) to read as follows:
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
(iii) Air-cooled, three-phase, variable
refrigerant flow multi-split air
conditioners with a cooling capacity of
less than 65,000 Btu/h:
(A) When certifying compliance with
a SEER standard: The seasonal energy
efficiency ratio (SEER in British thermal
units per Watt-hour (Btu/Wh)), and the
rated cooling capacity in British thermal
units per hour (Btu/h).
(B) When certifying compliance with
a SEER2 standard: the seasonal energy
efficiency ratio 2 (SEER2 in British
thermal units per Watt-hour (Btu/Wh))
and the rated cooling capacity in British
thermal units per hour (Btu/h).
(iv) Air-cooled, three-phase, variable
refrigerant flow multi-split heat pumps
with a cooling capacity of less than
65,000 Btu/h:
(A) When certifying compliance with
an HSPF standard: The seasonal energy
efficiency ratio (SEER in British thermal
units per Watt-hour (Btu/Wh)), the
heating seasonal performance factor
(HSPF in British thermal units per Watthour (Btu/Wh)), and the rated cooling
capacity in British thermal units per
hour (Btu/h).
(B) When certifying compliance with
an HSPF2 standard: the seasonal energy
efficiency ratio 2 (SEER2 in British
thermal units per Watt-hour (Btu/Wh)),
the heating seasonal performance factor
2 (HSPF2 in British thermal units per
Watt-hour (Btu/Wh)) and the rated
cooling capacity in British thermal units
per hour (Btu/h).
(3) * * *
(i) Air cooled commercial package air
conditioning equipment with a cooling
capacity of less than 65,000 Btu/h (3phase): The nominal cooling capacity in
British thermal units per hour (Btu/h);
rated airflow in standard cubic feet per
minute (SCFM) for each fan coil; rated
external static pressure in inches of
water; refrigeration charging
instructions (e.g., refrigerant charge,
superheat and/or subcooling
temperatures); frequency or control set
points for variable speed components
(e.g., compressors, VFDs); required dip
switch/control settings for step or
variable components; a statement
whether the model will operate at test
conditions without manufacturer
programming; any additional testing
instructions, if applicable; if a variety of
motors/drive kits are offered for sale as
options in the basic model to account
for varying installation requirements,
the model number and specifications of
the motor (to include efficiency,
horsepower, open/closed, and number
of poles) and the drive kit, including
settings, associated with that specific
motor that were used to determine the
certified rating; and which, if any,
special features were included in rating
the basic model. Additionally, when
certifying compliance with a SEER2
standard, the supplemental information
must also include: for models of outdoor
units with no match, the following
characteristics of the indoor coil: the
face area, the coil depth in the direction
of airflow, the fin density (fins per
inch), the fin material, the fin style, the
tube diameter, the tube material, and the
numbers of tubes high and deep.
(ii) Commercial package heating
equipment that is air-cooled with a
cooling capacity of less than 65,000
Btu/h (3-phase): The nominal cooling
capacity in British thermal units per
hour (Btu/h); rated heating capacity in
82069
British thermal units per hour (Btu/h);
rated airflow in standard cubic feet per
minute (SCFM) for each fan coil; rated
external static pressure in inches of
water; refrigeration charging
instructions (e.g., refrigerant charge,
superheat and/or subcooling
temperatures); frequency or control set
points for variable speed components
(e.g., compressors, VFDs); required dip
switch/control settings for step or
variable components; a statement
whether the model will operate at test
conditions without manufacturer
programming; any additional testing
instructions, if applicable; if a variety of
motors/drive kits are offered for sale as
options in the basic model to account
for varying installation requirements,
the model number and specifications of
the motor (to include efficiency,
horsepower, open/closed, and number
of poles) and the drive kit, including
settings, associated with that specific
motor that were used to determine the
certified rating; and which, if any,
special features were included in rating
the basic model. Additionally, when
certifying compliance with an HSPF2
standard, the supplemental information
must also include: for models of outdoor
units with no match, the following
characteristics of the indoor coil: the
face area, the coil depth in the direction
of airflow, the fin density (fins per
inch), the fin material, the fin style, the
tube diameter, the tube material, and the
numbers of tubes high and deep.
*
*
*
*
*
(4) The basic model number and
individual model number(s) required to
be reported under § 429.12(b)(6) must
consist of the following:
TABLE 2 TO PARAGRAPH (f)(4)
Individual model number(s)
khammond on DSKJM1Z7X2PROD with RULES2
Equipment type
Basic model number
1
2
3
Single-Package (including SpaceConstrained).
Single-Split System (including
Space-Constrained and SDHV).
Number unique to the
basic model.
Number unique to the
basic model.
Package ....
N/A ......................................
N/A.
Outdoor
Unit.
Indoor Unit ...........................
Multi-Split, Multi-Circuit, and MultiHead Mini-Split System (including
Space-Constrained and SDHV).
Number unique to the
basic model.
Outdoor
Unit.
Outdoor Unit with No Match ............
Number unique to the
basic model.
Outdoor
Unit.
When certifying a basic
model based on tested
combination(s): * * *.
When certifying an individual combination: Each
indoor units paired with
the outdoor unit.
N/A ......................................
If applicable—Air Mover (could be
same as indoor unit if fan is part
of indoor unit model number).
If applicable—When certifying a
basic model based on tested
combination(s): * * *.
When certifying an individual combination: Each air movers paired
with the outdoor unit.
20. Amend § 429.68 by revising
paragraph (a)(2)(ii) introductory text and
adding paragraph (b) to read as follows:
■
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
§ 429.68
PO 00000
Air cleaners.
(ii) Any represented value of the
integrated energy factor or other
measure of energy consumption of a
(a) * * *
(2) * * *
Frm 00077
Fmt 4701
N/A.
Sfmt 4700
E:\FR\FM\09OCR2.SGM
09OCR2
82070
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
basic mode for which consumers would
favor higher values shall be less than or
equal to the lower of:
*
*
*
*
*
(b) Certification reports. (1) The
requirements of § 429.12 are applicable
to air cleaners; and
(2) Pursuant to § 429.12(b)(13), a
certification report shall include the
following public product-specific
information:
(i) Smoke clean air delivery rate
(CADR) in cubic feet per minute (cfm);
(ii) Dust CADR in cfm;
(iii) PM2.5 CADR in cfm;
(iv) Annual energy consumption in
kilowatt hours per year (kWh/yr);
(v) Integrated energy factor in PM2.5
CADR per watt; and
(vi) Effective room size in square feet.
21. Amend § 429.70 by revising table
2 to paragraph (c)(5)(vi)(B) to read as
follows:
■
§ 429.70 Alternative methods for
determining energy efficiency and energy
use.
*
*
*
(c) * * *
(5) * * *
(vi) * * *
(B) * * *
*
*
TABLE 2 TO PARAGRAPH (c)(5)(vi)(B)
Equipment
Applicable
tolerance
Metric
Commercial Packaged Boilers ....................................................
Combustion Efficiency ...............................................................
Thermal Efficiency .....................................................................
Commercial Water Heaters or Hot Water Supply Boilers .......... Thermal Efficiency .....................................................................
Standby Loss .............................................................................
Unfired Storage Tanks ................................................................ R-Value ......................................................................................
Air-Cooled, Split and Packaged ACs and HPs Greater Than or Energy Efficiency Ratio ..............................................................
Equal to 65,000 Btu/h Cooling Capacity and Less Than Energy Efficiency Ratio 2 ..........................................................
760,000 Btu/h Cooling Capacity.
Coefficient of Performance ........................................................
Coefficient of Performance 2 .....................................................
Integrated Energy Efficiency Ratio ............................................
Integrated Ventilation, Economizing, and Cooling .....................
Integrated Ventilation and Heating Efficiency ............................
Water-Cooled, Split and Packaged ACs and HPs, All Cooling Energy Efficiency Ratio ..............................................................
Capacities.
Energy Efficiency Ratio 2 ..........................................................
Integrated Energy Efficiency Ratio ............................................
Integrated Ventilation, Economizing, and Cooling .....................
Evaporatively-Cooled, Split and Packaged ACs and HPs, All Energy Efficiency Ratio ..............................................................
Capacities.
Energy Efficiency Ratio 2 ..........................................................
Integrated Energy Efficiency Ratio ............................................
Integrated Ventilation, Economizing, and Cooling .....................
Water-Source HPs, All Capacities .............................................. Energy Efficiency Ratio ..............................................................
Coefficient of Performance ........................................................
Integrated Energy Efficiency Ratio ............................................
Single Package Vertical ACs and HPs ....................................... Energy Efficiency Ratio ..............................................................
Coefficient of Performance ........................................................
Integrated Energy Efficiency Ratio ............................................
Packaged Terminal ACs and HPs .............................................. Energy Efficiency Ratio ..............................................................
Coefficient of Performance ........................................................
Variable Refrigerant Flow ACs and HPs (Excluding Air-Cooled, Energy Efficiency Ratio ..............................................................
Three-phase with Less Than 65,000 Btu/h Cooling Capacity). Coefficient of Performance ........................................................
Integrated Energy Efficiency Ratio ............................................
Computer Room Air Conditioners ............................................... Sensible Coefficient of Performance .........................................
Net Sensible Coefficient of Performance ..................................
Direct Expansion-Dedicated Outdoor Air Systems ..................... Integrated Seasonal Coefficient of Performance 2 ...................
Integrated Seasonal Moisture Removal Efficiency 2 .................
Commercial Warm-Air Furnaces ................................................ Thermal Efficiency .....................................................................
Commercial Refrigeration Equipment ......................................... Daily Energy Consumption ........................................................
*
*
*
*
*
22. Amend § 429.72 by revising
paragraph (e) to read as follows:
■
§ 429.72 Alternative methods for
determining non-energy ratings.
khammond on DSKJM1Z7X2PROD with RULES2
*
*
*
*
*
(e) Commercial instantaneous water
heaters (other than storage-type
instantaneous water heaters) and hot
water supply boilers. The storage
volume of a commercial instantaneous
water heater (other than storage-type
instantaneous water heaters) or a hot
water supply boiler basic model may be
determined by performing a calculation
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
of the stored water volume based upon
design drawings (including computeraided design (CAD) models) or physical
dimensions of the basic model. Any
value of storage volume of a basic model
reported to DOE in a certification of
compliance in accordance with
§ 429.44(c)(2)(iv) through (vii) must be
calculated using the design drawings or
physical dimensions or measured as per
the applicable provisions in the test
procedures in § 431.106 of this chapter.
Calculations to determine storage
volume must include all water
contained within the water heater from
PO 00000
Frm 00078
Fmt 4701
Sfmt 4700
5% (0.05)
5% (0.05)
5% (0.05)
10% (0.1)
10% (0.1)
5% (0.05)
5% (0.05)
5% (0.05)
5% (0.05)
10% (0.1)
10% (0.1)
10% (0.1)
5% (0.05)
5% (0.05)
10% (0.1)
10% (0.1)
5% (0.05)
5% (0.05)
10% (0.1)
10% (0.1)
5% (0.05)
5% (0.05)
10% (0.1)
5% (0.05)
5% (0.05)
10% (0.1)
5% (0.05)
5% (0.05)
5% (0.05)
5% (0.05)
10% (0.1)
5% (0.05)
5% (0.05)
10% (0.1)
10% (0.1)
5% (0.05)
5% (0.05)
the inlet connection(s) to the outlet
connection(s). The storage volume of
water contained in the water heater
must then be computed in gallons.
*
*
*
*
*
23. Amend § 429.134 by adding
paragraph (q)(5) to read as follows:
■
§ 429.134 Product-specific enforcement
provisions.
*
*
*
*
*
(q) * * *
(5) Break-in period for refrigeration
systems. DOE will perform a compressor
break-in period during assessment or
E:\FR\FM\09OCR2.SGM
09OCR2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
enforcement testing using a duration
specified by the manufacturer, not to
exceed 20 hours, only if a break-in
period duration is provided in the
certification report.
*
*
*
*
*
PART 431—ENERGY EFFICIENCY
PROGRAM FOR CERTAIN
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
24. The authority citation for part 431
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6317; 28 U.S.C.
2461 note.
25. Amend § 431.2 by revising the
definition of ‘‘Covered equipment’’ to
read as follows:
■
§ 431.2
Definitions.
*
*
*
*
Covered equipment means any
commercial heating, ventilating, and air
conditioning, and water heating product
(HVAC & WH product), as defined in
§ 431.2; electric motor, as defined in
§ 431.12; commercial refrigerator,
freezer, or refrigerator-freezer, as
defined in § 431.62; automatic
commercial ice maker, as defined in
§ 431.132; commercial clothes washer,
as defined in § 431.152; fan or blower,
as defined in § 431.172; distribution
transformer, as defined in § 431.192;
illuminated exit sign, as defined in
khammond on DSKJM1Z7X2PROD with RULES2
*
VerDate Sep<11>2014
17:02 Oct 08, 2024
Jkt 265001
§ 431.202; traffic signal module or
pedestrian module, as defined in
§ 431.222; unit heater, as defined in
§ 431.242; commercial prerinse spray
valve, as defined in § 431.262; mercury
vapor lamp ballast, as defined in
§ 431.282; refrigerated bottled or canned
beverage vending machine, as defined
in § 431.292; walk-in cooler and walk-in
freezer, as defined in § 431.302; metal
halide ballast and metal halide lamp
fixture, as defined in § 431.322;
compressor, as defined in § 431.342;
small electric motor, as defined in
§ 431.442; pump, as defined in
§ 431.462; and dedicated purpose pool
pump motor, as defined in § 431.483.
*
*
*
*
*
■ 26. Amend § 431.305 by revising
paragraphs (a)(1) and (b)(1) to read as
follows:
§ 431.305 Walk-in cooler and walk-in
freezer labeling requirements.
(a) * * *
(1) Required information. The
permanent nameplate of a walk-in
cooler or walk-in freezer panel for
which standards are prescribed in
§ 431.306 must be marked clearly with
the following information:
(i) The panel brand or manufacturer;
(ii) The date of manufacture; and
(iii) One of the following statements,
as appropriate:
PO 00000
Frm 00079
Fmt 4701
Sfmt 9990
82071
(A) ‘‘This panel is designed and
certified for use in walk-in cooler
applications.’’
(B) ‘‘This panel is designed and
certified for use in walk-in freezer
applications.’’
(C) ‘‘This panel is designed and
certified for use in walk-in cooler and
walk-in freezer applications.’’
*
*
*
*
*
(b) * * *
(1) Required information. The
permanent nameplate of a walk-in
cooler or walk-in freezer door for which
standards are prescribed in § 431.306
must be marked clearly with the
following information:
(i) The door brand or manufacturer;
(ii) For non-display doors
manufactured with foam insulation, the
date of manufacture; and
(iii) One of the following statements,
as appropriate:
(A) ‘‘This door is designed and
certified for use in walk-in cooler
applications.’’
(B) ‘‘This door is designed and
certified for use in walk-in freezer
applications.’’
(C) ‘‘This door is designed and
certified for use in walk-in cooler and
walk-in freezer applications.’’
*
*
*
*
*
[FR Doc. 2024–21950 Filed 10–8–24; 8:45 am]
BILLING CODE 6450–01–P
E:\FR\FM\09OCR2.SGM
09OCR2
]]>Agencies
[Federal Register Volume 89, Number 196 (Wednesday, October 9, 2024)]
[Rules and Regulations]
[Pages 81994-82071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21950]
[[Page 81993]]
Vol. 89
Wednesday,
No. 196
October 9, 2024
Part II
Department of Energy
-----------------------------------------------------------------------
10 CFR Parts 429 and 431
Energy Conservation Program for Appliance Standards: Certification
Requirements, Labeling Requirements, and Enforcement Provisions for
Certain Consumer Products and Commercial Equipment; Final Rule
Federal Register / Vol. 89 , No. 196 / Wednesday, October 9, 2024 /
Rules and Regulations
[[Page 81994]]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 431
[EERE-2023-BT-CE-0001]
RIN 1904-AF48
Energy Conservation Program for Appliance Standards:
Certification Requirements, Labeling Requirements, and Enforcement
Provisions for Certain Consumer Products and Commercial Equipment
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') is publishing a final
rule to establish and amend the certification provisions, labeling
requirements, and enforcement provisions for specific types of consumer
products and commercial and industrial equipment, as described in
sections II and III of this final rule. DOE is establishing and making
amendments to the certification requirements, labeling requirements,
and enforcement provisions for these products and equipment to ensure
reporting that is consistent with currently applicable energy
conservation standards and test procedures and to ensure DOE has the
information necessary to determine the appropriate classification of
products for the application of standards.
DATES: The effective date of this rule is December 23, 2024. This rule
establishes new and amended certification and labeling requirements.
For products or equipment for which this rule establishes the initial
certification regulations for certifying compliance with new or amended
standards, manufacturers must submit the initial certification report
for basic models distributed in commerce beginning May 7, 2025. For
basic models with existing certification regulations, the amendments to
the reporting requirements for certifying compliance with existing
standards will be mandatory beginning with the annual certification
report submitted on or after May 7, 2025.
ADDRESSES: The docket, 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 those containing information that is exempt from
public disclosure.
A link to the docket web page can be found at www.regulations.gov/docket/EERE-2023-BT-CE-0001. The docket web page contains instructions
on how to access all documents, including public comments, in the
docket.
FOR FURTHER INFORMATION CONTACT: Mr. Lucas Adin, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-2J, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 287-5904. 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].
For further information on how to review the docket contact the
Appliance and Equipment Standards Program staff at (202) 287-1445 or by
email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. General Comments
1. Rulemaking Process
2. Compliance Timeline
3. Collection of Information
4. Certification Reporting Cost and Burden
5. Calculations for Enforcement Testing
6. Comments on Products/Equipment not Included in the September
2023 CCE NOPR
B. Central Air Conditioners and Heat Pumps
1. Reporting
2. Reporting Costs and Impacts
C. Dishwashers
1. Reporting
2. Reporting Costs and Impacts
D. Residential Clothes Washers
1. Reporting
2. Reporting Costs and Impacts
E. Pool Heaters
1. Reporting
2. Reporting Costs and Impacts
F. Dehumidifiers
1. Reporting
2. Reporting Costs and Impacts
G. External Power Supplies
1. Reporting
2. Reporting Costs and Impacts
H. Battery Chargers
1. Reporting
2. Reporting Costs and Impacts
I. Computer Room Air Conditioners
1. Reporting
2. Reporting Costs and Impacts
J. Direct Expansion-Dedicated Outdoor Air Systems
1. Reporting
2. Reporting Costs and Impacts
K. Air-Cooled, Three-Phase, Small Commercial Package Air
Conditioners and Heat Pumps With a Cooling Capacity of Less Than
65,000 Btu/h and Air-Cooled, Three-Phase, Variable Refrigerant Flow
Air Conditioners and Heat Pumps With a Cooling Capacity of Less Than
65,000 Btu/h
1. Reporting
2. Reporting Costs and Impacts
L. Commercial Water Heating Equipment
1. Reporting
2. Reporting Costs and Impacts
M. Automatic Commercial Ice Makers
1. Reporting
2. Reporting Costs and Impacts
N. Walk-In Coolers and Freezers
1. Reporting
2. Reporting Costs and Impacts
3. Labeling
4. Labeling Costs and Impact
O. Commercial and Industrial Pumps
1. Reporting
2. Reporting Costs and Impacts
P. Portable Air Conditioners
1. Reporting
2. Reporting Costs and Impacts
Q. Compressors
1. Reporting
2. Reporting Costs and Impacts
R. Dedicated-Purpose Pool Pump Motors
1. Reporting
2. Reporting Costs and Impacts
S. Air Cleaners
1. Reporting
2. Reporting Costs and Impacts
T. Single Package Vertical Units
1. Reporting
2. Reporting Costs and Impacts
U. Ceiling Fan Light Kits
1. Reporting
2. Reporting Costs and Impacts
V. General Service Lamps
W. Additional Corrections
X. Revised Certification Templates
Y. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866, 13563, and 14094
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
J. Review Under 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
N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary
[[Page 81995]]
I. Authority and Background
A. Authority
The Energy Policy and Conservation Act, Public Law 94-163, as
amended (``EPCA''),\1\ authorizes DOE to regulate the energy efficiency
of a number of consumer products and certain industrial equipment. (42
U.S.C. 6291-6317, as codified) Title III, Part B of EPCA \2\
established the Energy Conservation Program for Consumer Products Other
Than Automobiles, which sets forth a variety of provisions designed to
improve energy efficiency, while Title III, Part C of EPCA,\3\ added by
Public Law 95-619, Title IV, section 441(a), established the Energy
Conservation Program for Certain Industrial Equipment, which sets forth
a variety of provisions designed to improve energy efficiency. These
products and equipment include central air conditioners and heat pumps
(``CAC/HPs''), dishwashers (``DWs''), residential clothes washers
(``RCWs''), pool heaters, dehumidifiers, external power supplies
(``EPSs''), battery chargers, computer room air conditioners
(``CRACs''), direct-expansion dedicated outdoor air systems (``DX-
DOASes''), air-cooled, three-phase, small commercial package air
conditioners and heat pumps with a cooling capacity of less than 65,000
Btu/h (``three-phase, less than 65,000 Btu/h ACUACs and ACUHPs'') and
air-cooled, three-phase variable refrigerant flow air conditioners and
heat pumps with a cooling capacity of less than 65,000 Btu/h (``three-
phase, less than 65,000 Btu/h VRF''), commercial water heating
equipment (``CWHs''), automatic commercial ice makers (``ACIMs''),
walk-in coolers and walk-in freezers (``walk-ins''), commercial and
industrial pumps, portable air conditioners (``portable ACs''),
compressors, dedicated-purpose pool pump motors (``DPPPMs''), air
cleaners, single package vertical units (``SPVUs''), ceiling fan light
kits (``CFLKs''), and general service lamps (``GSLs''), all of which
are subjects of this document. (42 U.S.C. 6292(a)(3), (6-7), (11), and
(20); 42 U.S.C. 6295(i)(6), (u), (cc), and (ff); 42 U.S.C. 6311(1)(A-
D), (F-G), (K), and (2)(B)(i)).
---------------------------------------------------------------------------
\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.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
\3\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated Part A-1.
---------------------------------------------------------------------------
The energy conservation program under EPCA consists essentially of
four parts: (1) testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA specifically include definitions (42 U.S.C. 6291; 42
U.S.C. 6311), test procedures (42 U.S.C. 6293; 42 U.S.C. 6314),
labeling provisions (42 U.S.C. 6294; 42 U.S.C. 6315), energy
conservation standards (42 U.S.C. 6295; 42 U.S.C. 6313), and the
authority to require information and reports from manufacturers (42
U.S.C. 6316; 42 U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered products and equipment must use as the basis
for: (1) certifying to DOE that their products or equipment comply with
the applicable energy conservation standards adopted under EPCA (42
U.S.C. 6295(s); 42 U.S.C. 6316(a); 42 U.S.C. 6316(b); 42 U.S.C. 6296),
and (2) making other representations about the efficiency of those
products or equipment (42 U.S.C. 6293(c); 42 U.S.C. 6314(d)).
Similarly, DOE must use these test procedures to determine whether the
products or equipment comply with any relevant standards promulgated
under EPCA. (42 U.S.C. 6295(s); 42 U.S.C. 6316(a); 42 U.S.C. 6316(b);
42 U.S.C. 6296).
EPCA authorizes DOE to enforce compliance with the energy and water
conservation standards established for covered products and equipment.
(42 U.S.C. 6299-6305; 42 U.S.C. 6316(a)-(b)) DOE has promulgated
certification and/or enforcement regulations that include reporting
requirements for covered products and equipment including CAC/HPs, DWs,
RCWs, pool heaters, dehumidifiers, EPSs, battery chargers, CRACs,
three-phase, less than 65,000 Btu/h ACUACs and ACUHPs, three-phase,
less than 65,000 Btu/h VRF, CWHs, ACIMs, walk-ins, commercial and
industrial pumps, portable ACs, compressors, SPVUs, CFLKs, and GSLs.
DOE is establishing certification and reporting requirements for DX-
DOASes, DPPPMs, and air cleaners. See 10 CFR part 429. Additionally,
DOE is amending labeling requirements for walk-ins. See 10 CFR 431.305.
The reporting requirements ensure that DOE has the information it needs
to assess whether regulated products and equipment sold in the United
States comply with the statutory and regulatory requirements applicable
to each covered product and equipment type.
B. Background
DOE's certification regulations are a mechanism that DOE uses to
help ensure compliance with its regulations by collecting information
about the energy and water use characteristics of covered products and
covered equipment distributed in commerce in the United States.
Manufacturers of most covered products and covered equipment must
submit a certification report for the duration of distribution,
specifically (1) before a basic model is distributed in commerce, (2)
annually thereafter, and (3) if the basic model is redesigned in a
manner that increases the consumption or decreases the efficiency of
the basic model such that the certified rating is no longer supported
by test data. 10 CFR 429.12. Additionally, manufacturers must report
when production of a basic model has ceased and is no longer offered
for sale as part of the next annual certification report following such
cessation. 10 CFR 429.12(f). DOE requires the manufacturer of any
covered product or covered equipment to establish, maintain, and retain
the records of certification reports, of the underlying test data for
all certification testing, and of any other testing conducted to
satisfy the requirements of 10 CFR parts 429, 430, and/or 10 CFR part
431 until 2 years after notifying DOE that a model has been
discontinued. 10 CFR 429.71. Certification reports provide DOE and
consumers with comprehensive, up-to-date efficiency information and
support effective enforcement.
To ensure that all covered products and covered equipment
distributed in the United States comply with DOE's energy and water
conservation standards and reporting requirements, DOE has promulgated
certification, compliance, and enforcement regulations in 10 CFR parts
429 and 431. On March 7, 2011, DOE published in the Federal Register a
final rule regarding certification, compliance, and enforcement for
consumer products and commercial and industrial equipment, which
revised, consolidated, and streamlined DOE's existing certification,
compliance, and enforcement regulations for certain consumer products
and commercial and industrial equipment covered under EPCA. See 76 FR
12422. Since that time, DOE has completed multiple rulemakings
regarding certification, compliance, and enforcement for specific
covered products or equipment. See 79 FR 25486 (the May 5, 2014 Final
Rule specific to certification of commercial and industrial heating,
ventilation, and air conditioning (``HVAC''), refrigeration, and water
heating equipment) and 87 FR 43952 (the July 22, 2022 Final Rule
amending certification provisions for CFLKs, general service
incandescent lamps, incandescent reflector lamps,
[[Page 81996]]
ceiling fans, consumer furnaces and boilers, consumer water heaters,
DWs, commercial clothes washers, battery charges, and DPPPMs).
Additionally, if the Secretary has prescribed test procedures under
section 6314 for any class of covered equipment, the Secretary shall
prescribe a labeling rule applicable to such class of covered
equipment. See 42 U.S.C. 6315(a). EPCA, however, also sets out certain
criteria that must be met prior to prescribing a given labeling rule.
Specifically, to establish these requirements, DOE must determine that:
(1) labeling in accordance with section 6315 is technologically and
economically feasible with respect to any particular equipment class;
(2) significant energy savings will likely result from such labeling;
and (3) labeling in accordance with section 6315 is likely to assist
consumers in making purchasing decisions. (42 U.S.C. 6315(h))
If these criteria are met, EPCA specifies certain aspects of
equipment labeling that DOE must consider in any rulemaking
establishing labeling requirements for covered equipment. At a minimum,
such labels must include the energy efficiency of the affected
equipment, as tested under the prescribed DOE test procedure, and may
also require disclosure of the estimated operating costs and energy
use. (42 U.S.C. 6315(b)) The labeling provisions shall include
requirements the Secretary determines are likely to assist purchasers
in making purchasing decisions, such as: requirements and directions
for the display of the label; requirements for including on any label,
or separately attaching to, or shipping with, the covered equipment,
such as additional information related to energy efficiency, energy
use, and other measures of energy consumption, including instructions
for maintenance and repair of the covered equipment, as the Secretary
determines is necessary to provide adequate information to purchasers;
and requirements that printed matter displayed or distributed with the
equipment at the point of sale also include the information required to
be placed on the label. (42 U.S.C. 6315(c)).
DOE published a notice of proposed rulemaking (``NOPR'') in the
Federal Register on September 29, 2023, that proposed to amend the
certification, reporting, and labeling requirements for the products
and equipment that are the subjects of this final rule. 88 FR 67458
(``September 2023 CCE NOPR''). DOE held a public meeting related to
this NOPR on October 26, 2023 (hereafter, the ``NOPR public meeting'').
DOE received comments in response to the September 2023 CCE NOPR
from the interested parties listed in Table I.1.
Table I.1--List of Commenters With Written Submissions in Response to the September 2023 CCE NOPR
----------------------------------------------------------------------------------------------------------------
Reference in this final Comment No. in
Commenter(s) rule the docket Commenter type
----------------------------------------------------------------------------------------------------------------
Air-Conditioning, Heating, & AHRI...................... 18 Trade Association.
Refrigeration Institute.
American Lighting Association........... ALA....................... 7 Trade Association.
Appliance Standards Awareness Program, ASAP et al................ 14 Efficiency Advocacy
Consumer Federation of America Organizations.
(``CFA''), National Consumer Law Center
(``NCLC''), National Resource Defense
Council (``NRDC''), and Northwest
Energy Efficiency Alliance (``NEEA'').
Association of Home Appliance AHAM...................... \4\ 9, 16, 19 Trade Association.
Manufacturers.
AHAM, ASAP, American Council for an Joint Stakeholders........ 17 Trade Association and
Energy-Efficiency Economy, Alliance for Efficiency Advocacy
Water Efficiency, CFA, Consumer Organizations.
Reports, Earthjustice, NCLC, NRDC,
NEEA, and Pacific Gas and Electric
Company (``PG&E'').
Bradford White Corporation.............. BWC....................... 13 Manufacturer.
Carrier Global Corporation.............. Carrier................... 12 Manufacturer.
Grundfos Americas Corporation........... Grundfos.................. 10 Manufacturer.
Hydraulic Institute..................... Hydraulic Institute....... 20 Trade Association.
MJ L.................................... MJ L...................... 11 Individual.
PG&E, Southern California Edison, and CA IOUs................... 8 Utilities.
San Diego Gas & Electric Company;
collectively, the California Investor-
Owned Utilities.
Rheem Manufacturing Company............. Rheem..................... 15 Manufacturer.
----------------------------------------------------------------------------------------------------------------
A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\5\
To the extent that interested parties have provided written comments
that are substantively consistent with any oral comments provided
during the NOPR public meeting, DOE cites the written comments
throughout this final rule. Any oral comments provided during the
webinar that are not substantively addressed by written comments are
summarized and cited separately throughout this final rule.
---------------------------------------------------------------------------
\4\ AHAM comment nos. 9 and 19 are identical. Therefore, DOE
only cites no. 19 in the discussion section of this final rule.
\5\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to amend
certification, reporting, and labeling requirements for the subject
products and equipment. (Docket No. EERE-2023-BT-CE-0001), which is
maintained at www.regulations.gov). The references are arranged as
follows: (commenter name, comment docket ID number, page of that
document).
---------------------------------------------------------------------------
II. Synopsis of the Final Rule
Since the previous final rule amending certification requirements
for covered products (87 FR 43952 (July 22, 2022)), DOE has proposed or
finalized test procedures and/or energy conservation standards for
multiple products and equipment. In this rulemaking, DOE is revising
its certification, labeling, and enforcement regulations for certain
covered products and equipment to align with these proposed and
finalized amendments.
In this final rule, DOE updates the certification reporting and
labeling requirements as follows:
(1) CAC/HP. Update the CAC/HP certification reporting requirements
at 10 CFR 429.16 to reflect the current version of the test procedure
at appendix M1 to subpart B of 10 CFR part 430 (``appendix M1'')
including test condition information. Correct discrepancies in CAC/HP
sampling plan
[[Page 81997]]
to require using Student's t-Distribution Values from appendix A to
subpart B of part 429.
(2) DW. Align the DW certification reporting requirements with
appendix C1 to subpart B of 10 CFR part 430 (``appendix C1''), and with
appendix C2 to subpart B of 10 CFR part 430 (``appendix C2'').
Manufacturers were required to use the revised appendix C1 test
procedure beginning July 17, 2023, and use of appendix C2 is required
when certifying compliance with amended energy conservation standards
based on appendix C2. Add reporting requirements specific to the energy
and water use for DWs with water re-use systems and built-in
reservoirs.
(3) RCWs. Remove outdated certification reporting requirements for
RCWs pertaining to appendix J1 to subpart B of 10 CFR part 430
(``appendix J1''), which has been removed. Update the existing
certification reporting requirements pertaining to appendix J2 to
subpart B of 10 CFR part 430 (``appendix J2'') for consistency with
test procedure terminology. Add a reporting requirement for test cloth
lot used by a manufacturer for testing/certifying to align with RCW
enforcement provisions outlined in 10 CFR 429.134(c). Add new
certification reporting requirements specific to appendix J to subpart
B of 10 CFR part 430 (``appendix J''), use of which will be required to
demonstrate compliance with amended energy conservation standards based
on appendix J.
(4) Pool heaters. Align pool heater certification reporting
requirements with the amended energy conservation standards established
in a final rule published on May 30, 2023 (88 FR 34624) to require
reporting of thermal efficiency for electric pool heaters and establish
new reporting requirements specific to electric pool heaters.
(5) Dehumidifiers. Remove outdated certification reporting
requirements for dehumidifiers pertaining to appendix X to subpart B of
10 CFR part 430 (``appendix X''), use of which is no longer required.
(6) EPSs. Align EPS certification reporting requirements with the
amended test procedure at appendix Z to subpart B of 10 CFR part 430
(``appendix Z''), use of which is required beginning February 15, 2023.
Add reporting requirements to specify the effective wire gauge and
length of the output cord shipped with the EPS (or the manufacturer's
recommended output cord specifications). Update the existing EPS
certification reporting requirements to align with the energy
conservation standards established in the February 10, 2014 final rule
(79 FR 7845), and require output voltage, which is needed to verify the
applicable product class. Revise sales reporting requirements for EPSs
exempt from energy conservation standards to include the years for
which the sales number represents.
(7) Battery chargers. Align battery charger certification reporting
requirements with appendix Y1 to subpart B of 10 CFR part 430
(``appendix Y1''), use of which would be required for any future
amended energy conservation standards for battery chargers.
(8) CRACs. Align CRAC certification reporting requirements with
amended energy conservation standards established in a final rule
published in the Federal Register on June 2, 2023 (88 FR 36392) and
require submission of a supplemental testing instructions file in PDF
format. Establish alternative efficiency determination method
(``AEDM'') tolerances for CRAC verification tests for net sensible
coefficient of performance (``NSenCOP'').
(9) DX-DOASes. Establish DX-DOAS certification reporting
requirements for certifying compliance with the energy conservation
standards established in the November 1, 2022 final rule (87 FR 65651),
compliance with which is required beginning May 1, 2024. Require
submission of a supplemental testing instructions file in PDF format.
(10) Commercial AC/HPs. Establish certification reporting
requirements for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs
and three-phase, less than 65,000 Btu/h VRF aligned with the energy
conservation standards established in the final rule published on June
2, 2023 (88 FR 36392), compliance with which would be required
beginning January 1, 2025. Correct discrepancies in sampling plan for
three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase,
less than 65,000 Btu/h VRF to specify that the Student's t-Distribution
Values from appendix A to subpart B of part 429 should be used.
(11) CWHs. Align CWH certification reporting requirements with
amended energy conservation standards proposed in the May 19, 2022 NOPR
(87 FR 30610). Add reporting requirements specific to commercial
electric instantaneous water heaters. Additionally, add rated input
reporting requirement for commercial electric storage water heaters.
(12) ACIMs. Align existing ACIM certification reporting
requirements with revised ``energy use'' and ``condenser water use''
definitions and terminology adopted in the amended test procedure at 10
CFR 431.134, use of which is required beginning October 27, 2023.
Correct ACIM sampling requirements to remove discrepancy and require
using the Student's t-Distribution Values for a 95-percent one-tailed
confidence interval.
(13) Walk-Ins. For walk-in refrigeration systems, add requirement
to report whether each refrigeration system meets the definition of a
carbon dioxide (``CO2'') unit cooler, detachable single-
packaged dedicated system, or an attached split system, consistent with
amendments to 10 CFR 431.302. Add requirements for submission of
supplementary testing information if necessary to run a valid test and
provide an option to report any compressor break-in duration used to
obtain certified rating. Additionally, expand the certification
reporting requirements for walk-in cooler and freezer doors with anti-
sweat heat (``ASH''). Revise labeling requirements for walk-in panels
at 10 CFR 431.305.
(14) Commercial and Industrial Pumps. Provide minor corrections to
the terminology of variables in the certification requirements.
(15) Portable ACs. Clarify existing certification reporting
requirements for portable ACs and align them with instructions
specified in the test procedure at appendix CC to subpart B of 10 CFR
part 430 (``appendix CC'') and 10 CFR 429.62(a)(5).
(16) Compressors. Establish an annual filing date of September 1
for compressors at 10 CFR 429.12(d).
(17) DPPPMs. Add certification reporting requirements for DPPPMs
when certifying compliance with the energy conservation standards
adopted in the September 28, 2023 final rule (88 FR 66966), and
establish an annual filing date of September 1 at 10 CFR 429.12(d).
(18) Air cleaners. Add certification reporting requirements for air
cleaners when certifying compliance with the energy conservation
standards adopted in the April 11, 2023 direct final rule, compliance
with which was required beginning December 31, 2023, establish an
annual filing date of December 1 at 10 CFR 429.12(d), and provide minor
correction to sampling provisions at 10 CFR 429.68(a)(2)(ii).
(19) SPVAC/HPs. Align SPVAC/HPs certification reporting
requirements with amended energy conservation standards proposed in the
December 8, 2022 ECS NOPR (87 FR 75388) and add content requirements
for supplemental testing instructions file in PDF format.
[[Page 81998]]
(20) CFLKs. Clarify existing CFLK reporting requirements at 10 CFR
429.33(b)(2)(ii)(A) and (b)(3)(ii)(B).
(21) GSLs. Specify certifying compliance to the GSL backstop
requirement of 45 lumens per watt (lm/W) at 10 CFR 430.32(dd).
The adopted amendments are summarized in Table II.1 and compared to
the certification, reporting, and labeling requirements prior to the
amendment, as well as the reason for the adopted change. Table II.1
also provides the required compliance date for the certification
requirements established in this final rule.
Table II.1--Summary of Changes to Certification Reporting Requirements Relative to Current Certification
Reporting Requirements
----------------------------------------------------------------------------------------------------------------
Current DOE certification reporting Amended certification
requirements reporting requirements Attribution Compliance required
----------------------------------------------------------------------------------------------------------------
For CAC/HPs, no reporting requirement Add reporting Required to determine When certifying
to indicate whether variable speed requirement to Sec. applicable test compliance in
coil-only rating is based on non- 429.16(e)(2)(vi) to conditions specified accordance with the
communicating or communicating specify whether in appendix M1 test next annual
control system. variable speed coil- procedure. certification report
only rating is based filing date on/after
on non-communicating May 7, 2025.
or communicating
control system.
For CAC/HPs, no reporting requirement Add reporting Required to determine When certifying
to indicate whether system varies requirement to Sec. applicable test compliance in
blower speeds with outdoor air 429.16(e)(4)(iv) to conditions specified accordance with the
conditions. specify whether system in appendix M1 test next annual
varies blower speeds procedure. certification report
with outdoor air filing date on/after
conditions. May 7, 2025.
For CAC/HPs, current sampling Correct Sec. Removes discrepancy N/A.
requirements state to use Student's 429.16(b)(3)(i)(B), from sampling
t-Distribution Values from (ii)(B), and provisions, improves
``Appendix D,'' whereas appendix A (iii)(A)(2) to specify clarity.
to subpart B of part 429 contains that the Student's t-
the applicable Student's t- Distribution Values in
Distribution Values. appendix A to subpart
B of part 429 should
be used.
For DWs, reporting requirements in Remove referenced Ensures consistency N/A.
Sec. 429.19(b)(2) and (3) and list standard in Sec. between reporting
of materials incorporated by 429.19(b)(2) and from requirements and DW
reference in Sec. 429.4 specify the list of materials test procedures.
ANSI/AHAM DW-1-2010. incorporated by
reference in Sec.
429.4.
For DWs, reporting requirements do Add reporting Required to ensure that On or before April 23,
not include cycle selected for requirements for cycle information reported 2027, the compliance
energy test. selected for energy to DOE is consistent date of amended energy
test at heavy, medium, with the tested cycle conservation standards
and light soil loads, requirements specified based on appendix C2.
whether the cycles are in appendix C2.
soil-sensing, and the
options selected for
the energy test at
these soil loads (when
testing in accordance
with appendix C2) to
Sec.
429.19(b)(3)(iv).
For DWs, reporting requirements do Add reporting Required to ensure that On or before April 23,
not include cleaning index. requirement for the reported test 2027, the compliance
average cleaning index cycle is a valid test date of amended energy
of sensor heavy cycle that meets the conservation standards
response, sensor specified cleaning based on appendix C2.
medium response, and index threshold.
sensor light response
test cycles (when
testing in accordance
with appendix C2) to
Sec. 429.19(b)(3)(v).
For DWs, reporting requirements do Add reporting Required to account for When certifying
not reflect water re-use system DWs. requirements specific extra energy use and compliance in
to water re-use system water use associated accordance with the
DWs to Sec. with water re-use next annual
429.19(b)(3)(vii), systems. certification report
including energy use filing date on/after
and water use May 7, 2025.
associated with drain
out and clean out
events.
For DWs, reporting requirements do Add reporting Required to account for When certifying
not reflect information needed for requirements specific water consumption of compliance in
DWs with built-in reservoirs. to DWs with built-in DWs with built-in accordance with the
reservoirs to Sec. reservoirs, and next annual
429.19(b)(3)(viii), therefore determine certification report
including reservoir compliance with the filing date on/after
capacity, prewash and current energy May 7, 2025.
main wash fill water conservation standards.
volume, and total
water consumption.
For DWs, no rounding requirements are Add rounding Improves When certifying
specified in Sec. 429.19. requirements to Sec. representativeness, compliance in
429.19(c). repeatability, and accordance with the
reproducibility. next annual
certification report
filing date on/after
May 7, 2025.
For RCWs, reporting requirements Remove obsolete Appendix J1 has been N/A.
include outdated requirements appendix J1 RCW removed from 10 CFR
associated with appendix J1. reporting requirements part 430.
from Sec.
429.20(b)(2)(i).
[[Page 81999]]
For RCWs, ``capacity'' is required to Update existing Consistency in N/A.
be reported. requirement to specify terminology between
``clothes container existing test
capacity'' rather than procedure and
``capacity'' at Sec. reporting requirements.
429.20(b)(2)(ii).
For RCWs, reporting requirements do Add reporting Required to ensure that When certifying
not include test cloth lot used by requirement to Sec. correct remaining compliance in
manufacturer for testing and 429.20(b)(3) for test moisture content accordance with the
certifying. cloth lot number used calculation is used next annual
during testing to for enforcement certification report
determine other testing per RCW filing date on/after
reported values. enforcement provisions May 7, 2025.
specified in Sec.
429.134(c).
For RCWs, no reporting requirements Add reporting Required to ensure On or before March 1
for RCWs tested in accordance with requirements for compliance with 2028, the compliance
appendix J test procedure. energy efficiency amendments to energy date of amended energy
ratio, water conservation standards. conservation standards
efficiency ratio, type based on appendix J.
of control system,
remaining moisture
content, clothes
container capacity,
and type of loading
when certifying in
accordance with
appendix J to Sec.
429.20(b)(2)(i).
For pool heaters, reporting Add reporting Required to determine On or before May 30,
requirement only includes thermal requirement for compliance with the 2028, the compliance
efficiency for gas-fired pool integrated thermal amended energy date of amended energy
heaters. efficiency for both conservation standards. conservation
gas-fired and electric standards.
pool heaters to Sec.
429.24(b)(2)(i).
For electric pool heaters, no Add reporting Required to determine On or before May 30,
reporting requirement for active requirement for active compliance with the 2028, the compliance
electrical power. electrical power for amended energy date of amended energy
electric pool heaters conservation standards. conservation
to Sec. standards.
429.24(b)(2)(ii).
For dehumidifiers, reporting Remove obsolete Appendix X test N/A.
requirements include outdated appendix X procedure is no longer
requirements associated with dehumidifier reporting permitted for use to
appendix X. requirements from Sec. demonstrate compliance
429.36(b)(2)(i). with energy
conservation standards.
For EPSs, no reporting requirement Add reporting Required to conduct When certifying
for output cord specifications. requirement for output amended appendix Z compliance in
cord effective wire test procedure. accordance with the
gauge and length (or next annual
for EPSs shipped certification report
without an output filing date on/after
cord, effective wire May 7, 2025.
gauge and length for
the manufacturer's
recommended output
cord) to Sec.
429.37(b)(i)-(iv).
For EPSs, no reporting requirements Add reporting Required to determine When certifying
for output voltage. requirements for compliance with compliance in
output voltage to Sec. currently applicable accordance with the
429.37(i) through energy conservation next annual
(iv). standards. certification report
filing date on/after
May 7, 2025.
For EPSs exempt from the energy Add requirement that Improved clarity, When certifying
conservation standards, only the the year for which the consistency with other compliance in
number of units of exempt external sales number being similar reporting accordance with the
power supplies sold during the most reported represents to requirements. next annual
recent 12-calendar-month period Sec. 429.37(b)(3) certification report
ending on July 31, importer or and (c). filing date on/after
manufacturer name and address, and May 7, 2025.
brand name must be reported.
For battery chargers, reporting Add reporting Required to determine On or before the
requirements only reflect metrics requirements to Sec. compliance with any compliance date of any
associated with battery chargers 429.39(b)(5) and (6) future amended energy future amended energy
tested in accordance with appendix Y. for battery chargers conservation standards conservation standards
tested in accordance for battery chargers. based on appendix Y1.
with newly adopted
appendix Y1, multi-
metric approach.
For CRACs, reporting requirements do Add reporting Required to determine May 7, 2025.
not include provisions for requirements specific compliance with the
certifying compliance with net to net sensible amended energy
sensible coefficient of performance coefficient of conservation standards.
standards. performance to Sec.
429.43(b)(2)(ix)(B).
For CRACs, reporting requirements do Add supplemental Required to ensure that May 7, 2025.
not include provisions for testing instructions testing conditions are
submitting a supplemental testing file requirements in met in the case of
instructions file in PDF form. PDF form for enforcement testing.
certification reports
to Sec.
429.43(b)(4)(viii).
[[Page 82000]]
For CRACs, reporting requirements do Add reporting Required to determine May 7, 2025.
not include indoor and outdoor unit requirements for specific individual
individual model numbers. indoor and outdoor models distributed in
unit individual model commerce under each
numbers to Sec. basic model.
429.43(b)(6)(i).
For CRACs, current AEDM tolerances do Add tolerance of 5 Required for May 7, 2025.
not specify tolerances for NSenCOP percent to table 2 to consistency with
verification tests. Sec. allowable AEDMs for
429.70(c)(5)(vi)(B) other product types
for CRAC verification and metrics.
tests for NSenCOP.
For DX-DOASes, reporting requirements Add reporting Required to determine May 7, 2025.
do not include provisions for requirements for compliance with the
certifying compliance with integrated seasonal energy conservation
integrated seasonal moisture removal moisture removal standards.
efficiency 2 and integrated seasonal efficiency 2 and
coefficient of performance 2 integrated seasonal
standards. coefficient of
performance 2, as well
as rated moisture
removal capacity,
rated supply airflow
rate, and
configuration of the
basic model to Sec.
429.43(b)(2)(xi)(A)
through (C).
For DX-DOASes, reporting requirements Add reporting Required to fully May 7, 2025.
do not include reporting requirements for ensure that
requirements for systems with systems with VERS to enforcement provisions
ventilation energy recovery systems Sec. specified at Sec.
(``VERS''). 429.43(b)(3)(iii). 429.134(s) for DX-
DOASes are met in the
case of enforcement
testing.
For DX-DOASes, reporting requirements Add supplemental Required to ensure that May 7, 2025.
do not include provisions for testing instructions testing conditions are
submitting a supplemental testing file requirements in met in the case of
instructions file in PDF form. PDF form for enforcement testing.
certification reports
to Sec.
429.43(b)(4)(x).
For DX-DOASes, reporting requirements Add reporting Required to determine May 7, 2025.
do not include indoor and outdoor requirements for specific individual
unit individual model numbers. indoor and outdoor models distributed in
unit individual model commerce under each
numbers to Sec. basic model.
429.43(b)(6)(ii).
For three-phase less than 65,000 Btu/ Add reporting Required to determine May 7, 2025.
h ACUACs and ACUHPs and three-phase requirements for compliance with energy
less than 65,000 Btu/h VRF, no seasonal energy conservation standards.
reporting requirements for seasonal efficiency ratio 2 and
energy efficiency ratio 2 and heating seasonal
heating seasonal performance factor performance factor 2
2. to Sec. 429.67(f)(2).
For three-phase less than 65,000 Btu/ Add reporting Required to determine May 7, 2025.
h ACUACs and ACUHPs and three-phase requirements for specific individual
less than 65,000 Btu/h VRF, indoor and outdoor models distributed in
reporting requirements do not unit individual model commerce under each
include indoor and outdoor unit numbers to Sec. basic model.
individual model numbers. 429.67(f)(4)).
For three-phase less than 65,000 Btu/ Add supplemental Required to ensure that May 7, 2025.
h ACUACs and ACUHPs and three-phase testing instructions testing conditions are
less than 65,000 Btu/h VRF, file requirements in met in the case of
reporting requirements do not PDF form for enforcement testing.
include provisions for submitting a certification reports
supplemental testing instructions for outdoor units with
file in PDF form for outdoor units no match to Sec.
with no match. 429.67(f)(3).
For three-phase less than 65,000 Btu/ Correct Sec. Removes discrepancy N/A.
h ACUACs three-phase less than 429.67(c)(2)(ii)(A)(2) from sampling
65,000 Btu/h VRF, current sampling to specify that the provisions, improves
requirements state to use the Student's t- clarity.
Student's t-Distribution Values from Distribution Values in
``appendix D'', whereas appendix A appendix A to subpart
to subpart B of part 429 contains B of part 429 should
the applicable Student's t- be used.
Distribution Values.
[[Page 82001]]
For CWHs, no reporting requirements Add reporting Required to determine May 7, 2025.
for electric instantaneous water requirements for compliance with energy
heaters. electric instantaneous conservation standards.
water heaters to Sec.
429.44(c)(2)(vi)-(vii
).
For CWHs, no rated input reporting Add rated input Required to determine When certifying
requirement for electric storage reporting requirement that models exceed the compliance in
water heaters. for electric storage definitional accordance with the
water heaters to Sec. requirement for next annual
429.44(c)(2)(i). electric storage water certification report
heaters. filing date on/after
May 7, 2025.
For ACIMs, reporting requirements Update reporting Improved clarity and When certifying
include ``maximum energy use'' and requirement consistency with compliance in
``maximum condenser water use''. terminology to specify definitions. accordance with the
``energy use'' and next annual
``condenser water certification report
use'' in Sec. filing date on/after
429.45(b)(2). May 7, 2025.
For ACIMs, no rounding requirements Add rounding Improves When certifying
for represented values specified in requirements in Sec. representativeness, compliance in
10 CFR 429.45. 429.45(b)(3) that repeatability, and accordance with the
specify represented reproducibility. next annual
values determined in certification report
10 CFR 429.45 must be filing date on/after
rounded consistent May 7, 2025.
with the test
procedure rounding
instructions upon the
compliance date of any
amended standards.
For ACIMs, sampling provisions Revise sampling Removes discrepancy N/A.
require use of the Student's t- provisions in 10 CFR from sampling
Distribution Values for a 95-percent 429.45(a)(2) to provisions, improves
two-tailed confidence interval from correct this clarity.
appendix A to subpart B of part 429, discrepancy and
whereas appendix A to subpart B of clarify that the
part 429 contains one-tailed Student's t-
Student's t-Distribution Values. Distribution Values
for a 95-percent one-
tailed confidence
interval from appendix
A to subpart B of part
429.
For walk-in refrigeration systems, no Add reporting Required to ensure test When certifying
reporting requirement for whether requirement for conditions specified compliance in
the basic model meets the definition whether the basic in the test procedure accordance with the
of a CO2 unit cooler. model meets the are met. next annual
definition of a CO2 certification report
unit cooler to Sec. filing date on/after
429.53(b)(2)(iii)(G). May 7, 2025.
For walk-in refrigeration systems, Modify current Required to ensure test When certifying
the configuration reporting configuration conditions specified compliance in
requirement does not include reporting requirement in the test procedure accordance with the
``detachable single-packaged in Sec. are met. next annual
dedicated system'' or ``attached 429.53(b)(2)(iii)(C) certification report
split system''. to include filing date on/after
``detachable single- May 7, 2025.
packaged dedicated
system'' and
``attached split
system''.
For walk-in dedicated condensing Add reporting Required to ensure test When certifying
systems, no reporting requirement requirement in Sec. conditions specified compliance in
for head pressure controls. 429.53(b)(3)(ii) for in the test procedure accordance with the
whether the basic are met. next annual
model has head certification report
pressure controls. filing date on/after
May 7, 2025.
No supplemental testing instructions Add requirement in Sec. Required to ensure test When certifying
for walk-in refrigeration systems. 429.53(b)(4) for conditions specified compliance in
submission of in the test procedure accordance with the
supplement test are met. next annual
information in PDF certification report
format, if necessary filing date on/after
to run a valid test, May 7, 2025.
at the time of
certification.
For walk-in refrigeration systems, no Add optional reporting Improves When certifying
reporting requirement for compressor requirement to Sec. representativeness, compliance in
break-in duration used to obtain 429.53(b)(3)(ii) for repeatability, and accordance with the
certified rating. compressor break-in reproducibility. next annual
duration used to certification report
obtain certified filing date on/after
rating, if applicable. May 7, 2025.
For walk-in doors with anti-sweat Add reporting Required to ensure When certifying
heater (ASH) controls, no reporting requirements to Sec. applicable enforcement compliance in
requirements for conditions at which 429.53(b)(2)(i)(H) for provisions are met in accordance with the
the controls activate the ASH wire. conditions (i.e., the case of next annual
temperature, humidity, enforcement testing. certification report
etc.) at which the filing date on/after
controls activate the May 7, 2025.
ASH wire.
For walk-in doors, no reporting Add reporting Required to calculate When certifying
requirement for thermal conduction requirement for daily energy compliance in
load through the door. thermal conduction consumption. accordance with the
load through the door next annual
to Sec. certification report
429.53(b)(3)(i)(B). filing date on/after
May 7, 2025.
For walk-in panels, date of Require panel Aids enforcement When certifying
manufacturer is not required on a manufacture date be evaluation, as compliance in
panel's nameplate or label. added to the nameplate necessary. accordance with the
or label in Sec. next annual
431.305(a). certification report
filing date on/after
May 7, 2025.
For commercial and industrial pumps, Amend all instances of Standardize variables N/A.
Pi\in\ is listed as P\in\i. P\in\i with Pi\in\. with those used in the
test procedure.
[[Page 82002]]
For portable ACs, reporting Remove ``ability to Improved clarity, May 7, 2025.
requirement for duct configuration operate in both consistency with
lists ``ability to operate in both configurations'' as an instructions in
configurations'' as an option. option in Sec. appendix CC and 10 CFR
429.62(b)(2) and add 429.62(a)(5).
reporting requirement
for whether model is
distributed in
commerce with multiple
duct configuration
options.
For portable ACs, no reporting Add reporting Required to determine May 7, 2025.
requirement for full-load seasonally requirements for compliance with the
adjusted cooling capacity for whether the basic energy conservation
variable-speed models. model is variable- standards.
speed, and if yes; the
full-load seasonally
adjusted cooling
capacity to Sec.
429.62(b)(3).
For compressors, reporting Establish an annual Required to ensure September 1, 2025
requirements are included in 10 CFR filing date of certification (first occurrence of
429.63, but no annual filing date is September 1 at 10 CFR information is current September 1st after
specified in 10 CFR 429.12. 429.12(d), by which on an annual basis, compliance date of
manufacturers would be consistent with the energy conservation
required to submit requirements for other standards in January
required reporting covered products and 2025).
information to DOE. equipment.
For DPPPMs, no reporting requirements Add reporting Required to verify On or before September
outlined in 10 CFR 429.65. requirements for compliance with new 29, 2025 (for DPPPMs
DPPPMs to Sec. energy conservation <0.5 THP, >=1.15 THP,
429.65(e). standards. and <=5 THP), the
compliance date of new
energy conservation
standards. On or
before September 28,
2027 (for DPPPMs >=0.5
THP and <1.15 THP),
the compliance date of
new energy
conservation
standards.
For DPPPMs, no rounding requirements Add rounding Improves On or before September
outlined in 10 CFR 429.65. requirements for representativeness, 29, 2025 (for DPPPMs
DPPPMs to Sec. repeatability, and <0.5 THP, >=1.15 THP,
429.65(f). reproducibility. and <=5 THP), the
compliance date of new
energy conservation
standards. On or
before September 28,
2027 (for DPPPMs >=0.5
THP and <1.15 THP),
the compliance date of
new energy
conservation
standards.
For DPPPMs, no annual filing date Establish an annual Required to ensure September 1, 2026,
specified in 10 CFR 429.12. filing date of certification (first occurrence of
September 1 at 10 CFR information is current September 1st after
429.12(d), by which on an annual basis, compliance date of
manufacturers would be consistent with the energy conservation
required to submit requirements for other standards in September
required reporting covered products and 2025).
information to DOE. equipment.
For air cleaners, no reporting Add reporting Required to verify May 7, 2025.
requirements outlined in 10 CFR requirements for air compliance with
429.68. cleaners to Sec. recently adopted
429.68(b). energy conservation
standards.
For air cleaners, no annual filing Establish an annual Required to ensure December 1, 2026,
date specified in 10 CFR 429.12. filing date of certification (first occurrence of
December 1 at 10 CFR information is current December 1st after
429.12(d), by which on an annual basis, required reporting on
manufacturers would be consistent with the May 7, 2025.
required to submit requirements for other
required reporting covered products and
information to DOE. equipment.
For air cleaners, 10 CFR Correct 10 CFR Corrects typographical N/A.
429.68(a)(2)(ii) includes a 429.68(a)(2)(ii) to error, improves
typographical error and states specify ``equal to the clarity.
``equal to the high''. lower''.
For SPVUs, reporting requirements do Add reporting Required to determine On or before the
not include provisions for requirements for compliance with the compliance date of any
certifying compliance with certifying compliance energy conservation amended SPVU energy
integrated energy efficiency ratio with integrated energy standards. conservation
standards. efficiency ratio standards.
standards to 10 CFR
429.43(b)(2)(v)(B) and
(vi)(B).
[[Page 82003]]
For SPVUs with cooling capacities Add reporting Required to determine On or before the
less than 65,000 Btu/h, reporting requirements to 10 CFR whether non- compliance date of any
requirements do not include whether 429.43(b)(2)(v)(B) and weatherized SPVUs with amended SPVU energy
the unit is weatherized or non- (vi)(B) for whether cooling capacities conservation
weatherized, and if non-weatherized, the unit is less than 65,000 Btu/h standards.
the airflow rate of outdoor weatherized or non- have met the
ventilation air which is drawn in weatherized, and if definitional
and conditioned. non-weatherized, the requirements for
airflow rate of airflow rate of
outdoor ventilation outdoor ventilation
air which is drawn in air which is drawn in
and conditioned as and conditioned.
determined in
accordance with 10 CFR
429.134(x)(3), while
the equipment is
operating with the
same drive kit and
motor settings used to
determine the
certified efficiency
rating of the
equipment.
For SPVUs, existing supplemental Add supplemental Required to ensure test On or before the
testing instruction requirements do testing instruction conditions specified compliance date of any
not reflect updated integrated file content in the test procedure amended SPVU energy
energy efficiency ratio test requirements for when are met. conservation
procedure. certifying compliance standards.
with an integrated
energy efficiency
ratio standard to 10
CFR
429.43(b)(4)(vi)(B)
and (vii)(B).
For CFLKs, reporting requirements Amend reporting Required to determine N/A.
inadvertently omit CFLKs distributed requirements in 10 CFR compliance with the
with consumer-replaceable SSL. 429.33(b)(2)(ii)(A) energy conservation
and (b)(3)(ii)(B) to standards.
include CFLKs
distributed with
consumer-replaceable
SSL.
For GSLs, certifying compliance to Specify certifying Required to show May 7, 2025.
the 45 lm/W backstop requirement is compliance to the GSL compliance with the
not required per DOE guidance. backstop requirement. energy conservation
standards.
----------------------------------------------------------------------------------------------------------------
The finalized regulatory amendments summarized in this section, and
that are described in greater detail in section III, pertain to
certification reporting and labeling requirements only. DOE is not
amending the test procedures or energy conservation standards for CAC/
HPs, DWs, RCWs, pool heaters, dehumidifiers, EPSs, battery chargers,
CRACs, DX-DOASes, three-phase, less than 65,000 Btu/h ACUACs and
ACUHPs, three-phase, less than 65,000 Btu/h VRF, CWHs, ACIMs, walk-ins,
commercial and industrial pumps, portable ACs, compressors, DPPPMs, air
cleaners, SPVUs, CFLKs, and GSLs.
The effective date for the amended certification requirements
adopted in this final rule is 75 days after publication of this
document in the Federal Register. Certification reports for CAC/HPs,
DWs, RCWs, pool heaters, dehumidifiers, EPSs, battery chargers, CRACs,
DX-DOASes, three-phase, less than 65,000 Btu/h ACUACs and ACUHPs,
three-phase, less than 65,000 Btu/h VRF, CWHs, ACIMs, walk-ins,
commercial and industrial pumps, portable ACs, compressors, DPPPMs, air
cleaners, SPVUs, CFLKs, and GSLs submitted beginning 210 days after
publication of this final rule, in accordance with an annual
certification report filing date on or after 210 days after publication
of this final rule, or on or after the compliance date of any amended
energy conservation standards, as outlined in each of the product-
specific sections of section III of this notice, must comply with the
applicable certification requirements as amended by this final rule.
For certification reports submitted after the effective date of this
final rule, but prior to the compliance date, a manufacturer may
optionally submit a certification report as required by the amendments
in this final rule (i.e., early compliance is permitted). The
requirements pertaining to the compliance date and the provision for
early compliance apply to all certification reports submitted as
required by 10 CFR 429.12 (i.e., annual certifications and
certification of new and discontinued basic models).
III. Discussion
Certification of compliance to DOE is a mechanism that helps
manufacturers understand their regulatory obligations for distributing
basic models of covered products and equipment that are subject to
energy conservation standards. Certification also helps consumers
obtain information about products' energy performance. Certification
reports include characteristics of covered products or equipment used
to determine which standard applies to a given basic model, and they
also help DOE identify models and/or regulated entities that may not
comply with the applicable regulations.
As discussed in section I.B of this document, DOE proposed
amendments to the certification and reporting requirements for certain
products and equipment in the September 2023 CCE NOPR. 88 FR 67458. DOE
received a number of comments in response to the September 2023 CCE
NOPR, including general comments and comments on product/equipment
categories that were not included in the September 2023 CCE NOPR. These
comments are summarized and discussed in the following sections.
For the covered products and equipment addressed in this final
rule, DOE has identified areas in which the certification reporting
requirements in 10 CFR part 429 are not consistent with the information
required to verify compliance with current energy conservation
standards. DOE is amending the certification and reporting provisions
for these products and equipment to ensure reporting that is consistent
with currently applicable
[[Page 82004]]
energy conservation standards and to ensure that DOE has the
information necessary to determine the appropriate classification of
products for the application and enforcement of standards. In addition
to the specific amendments discussed in the following sections, DOE is
also adopting minor amendments to ensure consistency among terms used
throughout DOE's certification and reporting provisions. Additionally,
DOE is adopting labeling requirements for walk-ins.
A. General Comments
ASAP et al. commented in support of the September 2023 CCE NOPR.
ASAP et al. stated that the proposed reporting requirements would
ensure that DOE has relevant information to determine whether certified
models comply with the corresponding energy conservation standard. ASAP
et al. commented that clarity in reporting requirements for
certification would help to ensure that data reported to the Compliance
and Certification Management System (``CCMS'') is complete and
submitted in a uniform manner. (ASAP et al., No. 14 at pp. 1-2)
AHAM commented it supports many of the changes DOE is suggesting
for its certification, labeling, and enforcement provisions that are
aimed at ensuring consistency between testing to support certification
and testing DOE does to support its enforcement efforts as well as the
proposals to ensure consistency in reported data between similar
products. (AHAM, No. 16 at p. 1)
AHRI commented that it was largely supportive of the changes
proposed in the September 2023 CCE NOPR, but also had several
recommendations for improvement and clarification regarding proposed
certification requirements. (AHRI, No. 18 at p. 2)
Rheem commented that as an active member of AHRI, it shares several
of the concerns noted in AHRI's comments. (Rheem, No. 15 at p. 1)
Carrier generally supported the September 2023 CCE NOPR regarding
certification and labeling requirements and enforcement provisions for
certain consumer products and commercial equipment, with certain
modifications. Carrier also stated that having these requirements
provides predictability for manufacturers and valuable information for
consumers. (Carrier, No. 12 at p. 1)
AHRI commented requesting DOE to update AHRI's address at 10 CFR
429.4(c) to 2311 Wilson Blvd., Suite 400, Arlington, VA 22201 and added
that the phone number and web address remain the same as currently
listed in the CFR. (AHRI, No. 18 at p. 13)
DOE is aware of the error and will update AHRI's contact
information in a separate rulemaking that amends the materials
incorporated by reference at 10 CFR 429.4(c).
1. Rulemaking Process
AHRI commented that review of the September 2023 CCE NOPR raised
some questions regarding the process DOE relied upon for establishing
certification requirements. Specifically, AHRI provided some
suggestions to bring reliability and timeliness to the certification,
compliance, and enforcement process and urged that DOE consider issuing
a proposal to seek stakeholder feedback on the establishment of a CCE
process rule. (AHRI, No. 18 at p. 2) AHRI commented that a general
review of the certification and enforcement process would help
establish certainty and predictability for all stakeholders. AHRI
requested that DOE initiate a rulemaking to develop procedures,
interpretations, and policies for consideration of new or revised
certification and enforcement rulemakings for consumer products and
certain commercial/industrial equipment. AHRI commented that a
``process rule'' for certification and compliance is as important and
necessary to manufacturers and certification bodies as the development
of test procedures and energy conservation standards. (AHRI, No. 18 at
p. 4)
AHRI commented that stakeholders need certification and enforcement
changes proposed more closely to the publication of the final rule and
with appropriate time to implement template changes for compliance.
AHRI commented that the September 2023 CCE NOPR included several
products where the trigger for the compliance and enforcement changes
was over 19 months ago. (AHRI, No. 18 at p. 4)
AHRI noted that manufacturers are required to comply with an
amended test procedure within 180 days of DOE publishing a final rule
in the Federal Register. AHRI commented that for such rulemakings, DOE
should publish a proposed certification and enforcement rulemaking
within 30 days of the test procedure final rule with a final
certification and enforcement rulemaking published within 90 days of
the test procedure final rule. This timeline, AHRI noted, would allow
30 days for stakeholder feedback to the proposed certification and
enforcement rule; 30 days for DOE to incorporate changes and pre-
publish a final rule; and 90 days for stakeholders to implement and
comply with the changes. (AHRI, No. 18 at p. 5)
Carrier commented that many of the reporting changes in the
September 2023 CCE NOPR are the result of test procedure or energy
conservation standards rulemakings completed in 2022 with compliance
dates that are approaching. Carrier requested that in future
rulemakings, DOE publish the associated certification rulemaking NOPR
as close as possible to the test procedure and energy conservation
standards final rules, ideally within 30 days of final rule issuance to
allow time for third-party certification bodies (such as AHRI) and
manufacturers to make necessary changes to their systems before
compliance is required. Carrier said this would cut down on undue
expenses, potential error, and unnecessary rework. (Carrier, No. 12 at
p. 2)
DOE recognizes the concerns regarding the timing of certification
amendments with respect to test procedure and energy conservation
standard amendments. DOE notes that conducting individual certification
rulemakings for each product would result in many more rulemaking
notices, which would create substantially more administrative burden
for commenters with interests in multiple covered products and
equipment. In this case, DOE would have needed to publish over 40
separate rulemaking documents if it were to conduct a separate
certification rulemaking for each of the product and equipment
categories considered in this document. Nonetheless, DOE will continue
to evaluate its process for conducting certification rulemakings, while
meeting its statutory and regulatory requirements.
AHRI commented that consideration must be given to how and when
templates are updated because the timing of template changes impacts
not only manufacturers, but also AHRI's certification program. (AHRI,
No. 18 at p. 3) AHRI stated that while DOE typically provides 3-to-5
years of lead time before compliance is required, sometimes compliance
can be required in as little as 18 months. The commenter stressed that
adequate lead time is necessary for the transition to new test
procedures and new standards. AHRI commented that it is also necessary
to have certification and enforcement rules and templates issued and
finalized expeditiously and on a reasonable and predictable schedule,
in order for manufacturers to be able to collect necessary data.
Consequently, AHRI recommended that DOE issue full draft templates,
rather than just column headers and product group codes. Additionally,
AHRI stated that clear identification of new or modified
[[Page 82005]]
information would also be helpful to assist stakeholders when reviewing
templates or even column headers, noting that stakeholders should not
be required to presume what the compliance requirements are. (AHRI, No.
18 at p. 4)
In response, DOE issues template column headers and product group
codes to assist submitters in preparing for the upcoming template
revisions. Because certification reporting requirements may change
between the NOPR and final rule, DOE issues templates only at the
completion of the final rule to avoid confusion and mitigate burden.
Issuing full draft templates that cannot be submitted for compliance
purposes may cause confusion amongst certifiers. Further, certifiers
would need to review the final version of the template, as there may be
modifications not incorporated in the draft template, which increases
the potential for invalid certification reports and require certifiers
to re-submit using the correct templates, thereby increasing burden on
certifiers.
2. Compliance Timeline
Rheem commented requesting DOE to clarify the required filing date
for each of the products/equipment covered by this rulemaking, such as
by including a table in the final rule that clearly states the required
filing date for each product class. (Rheem, No. 15 at pp. 1-2)
AHRI commented that in future rules, special consideration should
be given to situations where publication of the proposed and final
certification and enforcement rulemaking is close to the first time or
annual certification requirement for the products or equipment. AHRI
stated concern that template releases for equipment with first time
compliance deadlines or annual reporting requirements in the spring of
2024 may be in jeopardy resulting from the timing of the September 2023
CCE NOPR, and ultimately the final rule publication. (AHRI, No. 18 at
p. 6)
AHRI recommended that DOE finalize this rulemaking and publish
templates no later than January 2, 2024, which would allow stakeholders
to have final templates 120 days prior to the spring 2024 first-time
compliance and annual reporting deadlines. (AHRI, Public Meeting
Transcript, No. 6 at pp. 5-6; AHRI, No. 18 at p. 6)
AHRI commented that annual reporting should not be required within
120 days of publication of a new certification and enforcement
rulemaking where templates are revised or impacted. If the
certification and enforcement rulemaking cannot be finalized more than
120 days in advance of the annual reporting deadline, AHRI commented
that the deadline for that year should shift to 120 days after
publication of the final certification and enforcement rule in the
Federal Register. AHRI commented that requiring annual reporting for
any templates revised in closer proximity to the annual reporting
deadline is burdensome to the regulated community. (AHRI, No. 18 at p
7)
In response, DOE has noted the applicable compliance dates for each
of the product or equipment categories that are the subject of this
rulemaking in the following sections and in Table II.1 to section II,
Synopsis of the Final Rule, of this document. For products such as air
cleaners, CRACs, DX-DOAS, three-phase less than 65,000 Btu/h ACUACs and
ACUHPs and three-phase less than 65,000 Btu/h VRF, electric
instantaneous water CWHs, and portable ACs where compliance with new or
amended standards is required prior to the required use date of the
reporting requirement established in this rule and a template is not
currently available to certify compliance, then compliance with the
amended certification requirements would not be required until 210 days
after publication of this rule. DOE notes that compliance with the
amended standards themselves would still be required on and after their
applicable compliance date(s). For products and equipment with existing
standards and existing reporting requirements, if the annual reporting
deadline is prior to the compliance date of this rule (i.e., sooner
than 210 days after publication), the annual reporting requirement can
be met using the current template. Using the revised templates would
not be required until the next annual reporting deadline after the
compliance date of this rule. For products and equipment where
compliance with new or amended standards is required more than 210 days
after publication of this rule, then certification is required by the
compliance date of such standard. Through such approach, DOE seeks to
minimize associated regulatory burden on manufacturers.
DOE notes that the Department strives to finalize certification
templates as expeditiously as possible, in order to provide certifiers
sufficient time to prepare for the compliance dates of any upcoming
amended energy conservation standards. In this case, although the final
templates have not yet been posted for use, DOE has provided
certification template draft column headers and product group codes in
the docket for this rulemaking to assist certifiers in preparation for
the upcoming compliance dates prior to the publication of this final
rule.
3. Collection of Information
AHAM commented that DOE stated in several places of the September
2023 CCE NOPR an intention to collect data which AHAM deems unnecessary
to demonstrate compliance with energy conservation standards. AHAM
stated DOE should ensure that its information collections are
restricted to data necessary for this purpose, and if DOE wishes to
collect data for future energy conservation standards rulemaking
efforts or for its own information, DOE should collect that data
through its energy conservation standard rulemaking process and not
through the certification, compliance, and enforcement process. (AHAM,
No. 16 at p. 1;AHAM, No. 19 at p. 2)) AHAM commented that many of the
proposals in the September 2023 CCE NOPR go beyond the types of
information currently collected under 10 CFR 429.14 to 10 CFR 429.63,
which are more directly related to demonstrating compliance with
standards. (AHAM, No. 16 at p. 2)
AHRI commented that DOE must limit the energy efficiency or energy
use information required in certification reports to that which is
truly necessary to determine compliance with the test procedure,
labeling, and energy efficiency standards. AHRI commented that anything
beyond that would fall outside of the information DOE is authorized to
collect, and results in an undue burden on manufacturers because it
creates a real cost to vet and verify information unrelated to the
covered product's compliance with energy conservation standards, which
on its face fails the requirement of 42 U.S.C. 6296(d) that DOE collect
only necessary data in a manner designed to minimize unnecessary
burdens on manufacturers. (AHRI, No. 18 at p. 3)
In response, section 326(d) of EPCA states that the Secretary may
require manufacturers to submit information or reports to DOE with
respect to energy efficiency or energy use as the Secretary determines
may be necessary to establish and revise test procedures, labeling
rules, and energy conservation standards for such products and to
ensure compliance with requirements of this part. (42 U.S.C.
6296(d)(1)) This express statutory language provides DOE with the
authority to require manufacturers to submit information pertaining to
the energy efficiency or energy use where it is necessary when
establishing or revising its standards or test procedures, as well as
to ensure
[[Page 82006]]
compliance. As such, DOE disagrees with AHRI's assessment that DOE must
limit its collection requirements to information needed to determine
compliance.
DOE acknowledges that EPCA states that the Secretary shall exercise
authority under this section in a manner designed to minimize
unnecessary burdens on manufacturers. (42 U.S.C. 6296(d)(2)) However,
where DOE proposed reporting requirements that were not directly
related to compliance with energy conservation standards, the
Department clarifies that the proposed requirements were included to
ensure appropriate application of the test procedure for enforcement
testing conducted by DOE. Additionally, the measurement of these values
and recording of product or equipment characteristics is required when
testing is conducted according to the DOE test procedures. Therefore,
manufacturers should already have this information readily available,
and, thus, the burden on manufacturers would be minimal.
In the September 2023 CCE NOPR, as well as in the product-specific
sections that follow in this document, DOE has provided its reasons in
the September 2023 CCE NOPR for its proposed collection of data and
information. DOE discusses the specific comments and provisions that
have been flagged and asserted by certain commenters to be unnecessary
in the relevant sections that follow. DOE also explains why the
Department has found the data collection to be necessary, to be
required to ensure products and equipment are compliant, and/or to
support DOE's enforcement efforts.
4. Certification Reporting Cost and Burden
Carrier commented that the estimates of the cost and burden of
changes to annual reporting requirements were not adequately considered
in the September 2023 CCE NOPR. Carrier commented that certification
requirements are often established close to the test procedure or
energy conservation standards compliance date, which increases the cost
and burden to manufacturers and third-party certification bodies who
must implement changes in a short amount of time. (Carrier, No. 12 at
pp. 1-2)
BWC commented that adding reporting requirements increases
regulatory burden, which includes examination of the proposal; analysis
of its findings; assessment of manufacturer capabilities to achieve
established objectives in the proposal; internal deliberations about
how/if this can realistically be accomplished; and finally, crafting
and delivering meaningful feedback to DOE. BWC commented that all these
tasks must occur prior to the physical work that takes place to adjust
processes, such as may be required to comply with the September 2023
CCE NOPR. BWC stated that there are several major proposed and final
rulemakings from 2023 alone that impact the products that BWC
manufactures, including the September 2023 CCE NOPR; July 2023 Consumer
Water Heater ECS NOPR (88 FR 49058); June 2023 Consumer Water Heater TP
Final Rule (88 FR 40406); March 2023 Consumer Boiler TP Final Rule (88
FR 15510); and the August 2023 Consumer Boiler ECS NOPR (88 FR 55128).
BWC commented that this list did not include actions undertaken by
States and local jurisdictions as well as ENERGY STAR. BWC commented
urging DOE to take into account the sheer volume of regulatory activity
that faces manufacturers. BWC commented that the accumulation of
regulatory burden increases costs in human and technological resources.
BWC stated that as proposed rules are published and promulgated as
final rules, BWC resources must be allocated and deployed to achieve
compliance within the timelines prescribed in those final rules. (BWC,
No. 13 at pp. 2-3)
The certification reporting requirements adopted in this final rule
ensure consistency with DOE energy conservations standards and test
procedure rulemakings for the subject products or equipment. These
reporting requirements generally pertain to requirements that are
readily available in test reports that manufacturers are required to
use when testing to the DOE test procedure. Further, Carrier and BWC
did not provide any data indicating increased costs to manufacturers
related to reporting. DOE recognizes that certification reporting
requirements may result in costs and manufacturer burden in addition to
those required to comply with new or amended energy conservation
standards or to conduct testing. To the extent that the adopted
certification reporting requirements would impose additional cost and
burden to manufacturers and importers, DOE has discussed these costs in
the product specific sections. DOE also recognizes the effort needed
for stakeholders to review and provide feedback to the many proposals
in the September 2023 CCE NOPR. However, as discussed in section
III.A.1 of this document, DOE notes that conducting individual
certification rulemakings for each product would result in many more
rulemaking notices, which would create substantially more
administrative burden for commenters with interests in multiple covered
products and equipment. In this case, DOE would have needed to publish
over 40 separate notices if it were to conduct a separate certification
rulemaking for each of the product and equipment categories considered
in this document.
AHRI commented that DOE's regulations require certification reports
to be filed for every basic model prior to distribution in commerce,
after initial certification, and after discontinuation, which is a
process that creates onerous obstacles for third-party certification
bodies that represent 90 percent of the regulated market. AHRI
commented it has long advocated for the elimination of the annual
certification requirements for covered products via notice and comment
rulemaking. AHRI commented that this process is unnecessary and imparts
burden without benefit. (AHRI, No. 18 at p. 6)
In response, DOE has determined that its annual certification
requirements provide DOE and consumers with comprehensive, up-to-date
efficiency information and also support effective enforcement. If DOE
were to eliminate its annual certification requirements, DOE would have
no way of ensuring that all of the information available to consumers
in DOE's Compliance Certification Database (``CCD'') \6\ is up-to-date
and certified in accordance with the most recent DOE test procedure.
Occasionally, changes to DOE test procedures do not require revised
certification reporting templates, and the existence of annual
certification requirements ensures that the information available to
consumers is consistently updated without requiring revised
certification templates. Additionally, the elimination of annual
certification requirements would increase the likelihood that
discontinued models would not be removed from the CCD. Accordingly, DOE
is not amending the long-standing annual certification requirement as
part of this final rule.
---------------------------------------------------------------------------
\6\ Certified equipment in the CCD is listed by product class
and can be accessed at www.regulations.doe.gov/certification-data/#q=Product_Group_s%3A*.
---------------------------------------------------------------------------
AHRI noted that triennial compliance with the Paperwork Reduction
Act (``PRA'') to templates using OMB Control Number 1910-1400 expires
on September 30, 2024. AHRI commented that submission of new forms for
OMB approval have only changed the version number, OMB control number,
and OMB form expiration date, but this change made to every template
[[Page 82007]]
simultaneously causes substantial burden for certification bodies.
(AHRI, No. 18 at p. 6) AHRI commented suggesting that templates updated
in this rulemaking be submitted to OMB to reduce future template
changes that would just update the version number. AHRI commented DOE
is obligated to consider this and any other recommendations that reduce
the burden of compliance. (AHRI, No. 18 at pp. 6-7)
DOE notes that it revises the template version numbers as part of
the triennial compliance with PRA to ensure that submitters are using
the most up-to-date templates based on the current OMB control numbers.
DOE will evaluate to what extent updates to forms can be limited to
reduce burden on certification bodies.
MJ L commented that requiring more reporting and labeling of
consumer products and commercial equipment is onerous and costly for
the makers. MJ L commented that products would need to be redesigned to
comply to the more stringent new standards, which would make such
products more costly and less useful. (MJ L, No. 11 at p. 1)
DOE notes that this rulemaking is not adopting any amended
standards; it is only adopting certification reporting requirements for
products and equipment consistent with recently amended or newly
established test procedures or energy conservation standards.
5. Calculations for Enforcement Testing
Rheem commented requesting DOE to clarify whether the energy
efficiency standard (``EES'') is rounded when the applicable
certification requirements require rounding while performing
enforcement calculations in 10 CFR 429, subpart C, appendix A. Rheem
provided an example, stating that: an EES of 0.934 may be required as a
result of an EES equation, but certification to the nearest 0.01
percent is required; therefore, a model designed to an EES of exactly
0.934 will need to certify to 0.93, which is below the level produced
by the EES equation. As the compliant model must certify below the EES,
it follows that the EES is actually rounded. (Rheem, No. 15 at p. 8)
DOE determines the applicable energy efficiency standard or energy
conservation standard used in enforcement calculations based on the
product or equipment requirements. When applicable, DOE follows the
same rounding requirements for the relevant metric as specified in the
applicable test procedure requirements at 10 CFR 430.23 or the relevant
product or equipment specific test procedure appendix, the rounding
requirements at 10 CFR 430.32, or the rounding requirements in the
product or equipment specific certification reporting requirements. In
the case of Rheem's example, DOE notes that an EES of 0.934 would also
be rounded to 0.93, and therefore, the rounding would not affect any
compliance determination. DOE may additionally consider further
clarifications to the enforcement calculations in 10 CFR 429, subpart
C, appendix A to address this in a future rulemaking.
6. Comments on Products/Equipment Not Included in the September 2023
CCE NOPR
Although not within the scope of the September 2023 CCE NOPR, AHAM
submitted comments regarding reporting requirements for conventional
cooking tops. Specifically, AHAM requested that DOE indicate in 10 CFR
430.134 that it will use the same measurement equipment for testing gas
cooking tops as were used for certification. (AHAM, No. 16 at p. 10)
AHAM noted that the conventional cooking tops test procedure at 10 CFR
430, subpart B, appendix I1 (``appendix I1'') specifies that
measurement of the gas cooking top burner heat input rate starts 5
minutes after ignition but does not specify an endpoint for this
measurement. (AHAM, No. 16 at p. 9) AHAM stated that the type of
measurement equipment--wet meter, dry meter, or mass flow meter--will
affect the time at which the lab stops the measurement for the burner
heat input rate which in turn can affect the final measured value.
(AHAM, No. 16 at pp. 9-10) AHAM commented that, without clarity in the
enforcement procedures, to ensure compliance upon verification by a
third-party lab or assessment and enforcement testing by DOE,
manufacturers may be compelled to conduct repeated testing using
multiple types of measurement equipment, adding unnecessary burden to
an already burdensome test. AHAM recommended that DOE include in an
enforcement provision that it would use the same measurement equipment
for enforcement testing as was used for certification and acknowledged
that such an enforcement provision would likely require including an
additional reporting requirement about the type of measurement
equipment used for certification: wet meter, dry meter, and mass flow
meter, which AHAM would support. (AHAM, No. 16 at pp. 10-11)
AHAM further commented that, together with other stakeholders, it
filed a petition \7\ requesting that DOE permit an alternative
calculation for the simmer portion of the conventional cooking top test
procedure. AHAM also noted that it submitted joint comments on this
rulemaking docket urging DOE to use the full test for enforcement
purposes. (AHAM, No. 16 at p. 11; see also Joint Stakeholders, No. 17
at p. 2-3)
---------------------------------------------------------------------------
\7\ The docket for this petition is available at
www.regulations.gov/docket/EERE-2023-BT-TP-0006/document.
---------------------------------------------------------------------------
The Joint Stakeholders recommended that DOE adopt the calculation
method AHAM proposed in its petition filed earlier this year for the
simmer portion of the conventional cooking top test procedure as an
alternative to the full simmer test. The Joint Stakeholders urged DOE
to adopt that alternative calculation method together with an
enforcement provision in 10 CFR 429.134 indicating DOE would rely on
the full simmer test in appendix I1. The Joint Stakeholders commented
their intent is that DOE would adopt a new sub-section in 10 CFR
429.134 outlining the same process it uses for enforcement related to
refrigerator/freezer models with two compartments, each having its own
user-operable temperature control. The Joint Stakeholders commented
that for cooking products, they recommend DOE use the simmer portion of
the test in the current appendix I1 before making a determination of
noncompliance with respect to a basic conventional cooking top model.
(Joint Stakeholders, No. 17 at p. 2)
As AHAM noted, cooking products did not fall within the scope of
products covered in the September 2023 CCE NOPR. (AHAM, No. 16 at p. 8)
As such, DOE has neither proposed certification or enforcement
provisions for conventional cooking products in the September 2023 CCE
NOPR, nor has it considered adopting reporting requirements for
conventional cooking products as part of this rulemaking. DOE has also
not finalized any determination regarding AHAM's petition for use of
the calculation approach. DOE may consider proposals to adopt
certification and reporting requirements for conventional cooking
products under a separate rulemaking.
Additionally, AHAM recommended that DOE should establish
requirements for clothes dryers similar to the RCW amendments proposed
in the September 2023 CCE NOPR, along with test procedure requirements
related to the test cloth, which AHAM stated it would suggest to DOE in
the near future. (AHAM, No. 16 at p. 4)
Similarly, DOE did not propose certification or enforcement
provisions
[[Page 82008]]
for clothes dryers in the September 2023 CCE NOPR. DOE has also not
considered any amendments to its reporting requirements or test
procedures for residential clothes dryers as part of this rulemaking.
DOE may consider proposals to amend the certification and reporting
requirements for residential clothes dryers in a separate rulemaking.
DOE may also consider proposals to amend the test procedure
requirements related to the test cloth in a separate rulemaking.
For consumer water heaters, Rheem requested that DOE amend the
provisions at 10 CFR 429.70(g)(3)(ii) to require that electric
instantaneous water heaters make representations of an untested basic
model's first hour rating (``FHR'') or maximum GPM rating (``Max GPM'')
through testing of the untested basic model that meets the sampling
provisions at 10 CFR 429.11. Rheem noted that while the FHR of an
electric storage water heater may vary little in response to the input
rate, due to the large effect of the already hot water within the
storage tank, the Max GPM will vary greatly with input rate. Rheem
commented that a higher Max GPM is more desirable to a consumer,
creating an incentive to use the alternative certification provisions
to make unrepresentative Max GPM claims. (Rheem, No. 15 at pp. 7-8)
Again, DOE did not propose certification or enforcement provisions
for consumer water heaters in the September 2023 CCE NOPR. DOE has also
not considered any amendments to its reporting requirements for
consumer water heaters as part of this rulemaking. DOE may consider
proposals to amend the certification and reporting requirements for
consumer water heaters in a separate rulemaking.
B. Central Air Conditioners and Heat Pumps
DOE is amending the certification reporting requirements for CAC/
HPs. A central air conditioner or central air conditioning heat pump
means a product, other than a packaged terminal air conditioner or
packaged terminal heat pump, which is powered by single phase electric
current, air cooled, rated below 65,000 Btu/h, not contained within the
same cabinet as a furnace, the rated capacity of which is above 225,000
Btu/h, and is a heat pump or a cooling unit only. A central air
conditioner or central air conditioning heat pump may consist of: a
single-package unit; an outdoor unit and one or more indoor units; an
indoor unit only; or an outdoor unit with no match. In the case of an
indoor unit only or an outdoor unit with no match, the unit must be
tested and rated as a system (combination of both an indoor and an
outdoor unit). 10 CFR 430.2.
On October 25, 2022, DOE published a final rule (``October 2022
CAC/HP Final Rule'') in which DOE amended the test procedure provisions
for CAC/HPs. 87 FR 64550. Consistent with that final rule, DOE is
amending the reporting requirements.
1. Reporting
Under the existing requirements in 10 CFR 429.16, manufacturers of
CAC/HPs must report a variety of values and information, including
seasonal energy efficiency ratio 2 (``SEER2'') in Btu/W-h, average off
mode power consumption, cooling capacity in Btu/h, and heating seasonal
performance factor 2 (``HSPF2'') in Btu/W-h. 10 CFR 429.16(e)(2) For a
complete list of existing certification reporting requirements, see 10
CFR 429.16(e). These requirements provide for certifying compliance
with the current standards applicable to CAC/HP equipment manufactured
on or after January 1, 2023. 10 CFR 430.32(c). DOE is updating these
requirements to align the reporting requirements with the appendix M1
test procedure and adopt general certification requirements for CAC/
HPs. 88 FR 67458, 67464. DOE discusses these updates in the following
sections.
a. Variable Speed Coil-Only Rating Based on Non-Communicating or
Communicating Control
In the October 2022 CAC/HP Final Rule, DOE defined a
``communicating variable-speed coil-only central air conditioner or
heat pump'' as a variable-speed compressor system having a coil-only
indoor unit that is installed with a control system that (a)
communicates the difference in space temperature and space setpoint
temperature (not a setpoint value inferred from on/off thermostat
signals) to the control that sets compressor speed; (b) provides a
signal to the indoor fan to set fan speed appropriate for compressor
staging and air volume rate; and (c) has installation instructions
indicating that the required control system meeting both (a) and (b)
must be installed. 87 FR 64550, 64560.
DOE defined a ``variable-speed non-communicating coil-only central
air conditioner or heat pump'' as a variable-speed compressor system
having a coil-only indoor unit that does not meet the definition of
variable-speed communicating coil-only central air conditioner or heat
pump. Id.
In the October 2022 CAC/HP Final Rule, DOE elaborated that
variable-speed coil-only systems that meet the ``communicating''
definition should be tested like any other variable-speed system,
except that the heating full-load air volume rate should be equal to
the cooling full-load air volume rate and the intermediate and minimum
cooling and heating air volume rates should all be higher than (1) the
rate specified by the installation instructions included with the unit
by the manufacturer, and (2) 75 percent of the full-load cooling air
volume rate. Id.
Because this aspect of the basic model's operating characteristics
determines the way it must be tested, manufacturers need to certify
whether a variable speed coil-only rating is based on non-communicating
or communicating control. Therefore, in the September 2023 CCE NOPR,
DOE proposed to include this requirement in the certification template
and requested comment on its proposal. 88 FR 67458, 67465.
AHRI and Carrier commented supporting DOE's proposal to require
reporting of whether a variable speed coil-only rating is based on non-
communicating or communicating control. (AHRI, No. 18 at p. 7; Carrier,
No. 12 at p. 2)
ASAP et al. commented that in the October 2022 CAC/HP Final Rule,
DOE defined variable-speed communicating coil-only central air
conditioner or heat pump and variable-speed non-communicating coil-only
central air conditioner or heat pump but the terms used in the
September 2023 CCE NOPR--``non-communicating control'' and
``communicating control''--are not precisely defined. ASAP et al.
recommended that DOE align the certification language and the
certification template with existing language and recommended to
rephrase ``whether the represented value meets the definition of
variable speed non-communicating coil-only.'' (ASAP et al., No. 14 at
p. 4)
In response to the comment by ASAP et al., DOE notes that ``non-
communication control'' and ``communicating control'' are defined
within the definitions of ``variable-speed communicating coil-only
central air conditioner or heat pump'' and ``variable-speed non-
communicating coil-only central air conditioner or heat pump,''
respectively, as finalized in the October 2022 CAC TP Final Rule, at
section 1.2 of appendix M1. However, to better align with these
definitions, DOE is slightly modifying the proposed reporting
requirement to state, ``whether the represented value is based on a
non-communicating or communicating control system.''
[[Page 82009]]
For the reasons discussed in the preceding paragraphs and the
September 2023 CCE NOPR, DOE is adopting reporting requirements for
reporting of whether a variable speed coil-only rating is based on a
non-communicating or communicating control system with the additional
clarification of adding the word ``system.''
b. Air Volume Rate Changing With Outdoor Conditions
In the October 2022 CAC/HP Final Rule, DOE explained that
requirements for setting air volume rate in section 3.1.4 of appendix
M1 may conflict with instructions to use air volume rates that
represent a ``normal installation'' in section 3.2, particularly for
modern blower-coil systems with multiple-speed or variable-speed indoor
fans and control systems, which may change air volume rate in response
to operating conditions such as outdoor air temperature. 87 FR 64550,
64569. To address this issue, in the October 2022 CAC/HP Final Rule,
DOE explicitly stated in step 7 of sections 3.1.4.1.1.a, 3.1.4.2.a, and
3.1.4.3.a of appendix M1 that, for blower-coil systems in which the
indoor blower capacity modulation correlates with outdoor dry bulb
temperature or sensible-to-total cooling capacity ratio, use an air
volume rate that represents a normal operation. Id. Also, DOE indicated
that to ensure consistency of testing, it may be necessary for
manufacturers to certify whether the system varies blower speeds with
outdoor air conditions. Id. For these reasons, in the September 2023
CCE NOPR, DOE proposed that manufacturers include in their
certification whether the system varies blower speeds with outdoor air
conditions and requested comment on its proposal. 88 FR 67458, 67465.
Carrier stated its support for DOE's proposal to require reporting
of whether a CAC/HP system varies blower speeds with outdoor air
conditions. However, Carrier commented that responses should be
required for blower coil systems only, and the default response should
be ``No.'' (Carrier, No. 12 at p. 2)
AHRI commented in support of DOE's proposal to require reporting of
whether a CAC/HP system varies blower speeds with outdoor air
conditions. AHRI commented the proposed new column, ``Does the System
Vary Blower Speeds with Outdoor Air Conditions?'' is appropriate. AHRI
additionally recommended that a response must be required for blower
coil systems only, and only if applicable, with a blank field
permissible for all other systems and a default of ``No.'' (AHRI, No.
18 at p. 7)
DOE would like to clarify that DOE intended in its proposal that
manufacturers would fill in the proposed new column to report whether
their CAC/HP system varies blower speeds with outdoor air conditions
only if they report that their unit is a blower coil system, as
indicated in the draft certification template columns published along
with the September 2023 CCE NOPR in the docket for this rulemaking.
This approach is consistent with the recommendations from commenters.
For the reason discussed in the preceding paragraph and the
September 2023 CCE NOPR, DOE is adopting reporting requirements for
reporting of whether a CAC/HP blower coil system varies blower speeds
with outdoor air conditions.
c. Sampling Corrections
Currently, DOE's sampling provisions for CAC/HPs state that any
represented value of power consumption or other measure of consumption
of a basic model for which consumers would favor lower values shall be
greater than or equal to the higher of the mean of the sample, or the
upper 90 percent confidence limit of the true mean (``UCL'') divided by
1.05. 10 CFR 429.16(b)(3)(i). Additionally, the sampling provisions
state that any represented value of the energy efficiency, cooling
capacity, heating capacity or other measure of energy consumption for
which consumers would favor higher values shall be less than or equal
to the lower of the mean of the sample, or the lower 90 percent
confidence limit of the true mean (``LCL'') divided by 0.95. 10 CFR
429.16(b)(3)(ii)-(iii). The sampling provisions also state that the UCL
and LCL should be calculated using the Student's t-Distribution Values
for a 90 percent one-tailed confidence interval with n-1 degrees of
freedom from appendix D to subpart B of part 429 (``appendix D''),
where ``n'' is the number of samples. 10 CFR 429.16(b)(3)(i)-(iii).
However, the appendix containing Student's t-Distribution Values has
moved to appendix A to subpart B of part 429 (``appendix A'') and is no
longer located at appendix D.\8\ To correct this discrepancy, in the
September 2023 CCE NOPR, DOE proposed to revise 10 CFR 429.16(b)(3)(i)-
(iii) to specify that the UCL and LCL should be calculated using the
Student's t-Distribution Values for a 90 percent one-tailed confidence
interval outlined in appendix A. 88 FR 67458, 67465. DOE requested
comment on its proposal. Id.
---------------------------------------------------------------------------
\8\ Appendix D now contains the sampling plan for enforcement
testing of Uninterruptible Power Supplies.
---------------------------------------------------------------------------
Carrier commented in support of DOE's proposal to correct the
sampling provisions for CAC/HPs to reference appendix A instead of
appendix D. (Carrier, No. 12 at p. 2)
AHRI also commented in support of DOE's proposal to correct the
sampling provisions for CAC/HPs to reference appendix A instead of
appendix D, but only under the condition this is a reference change.
(AHRI, No. 18 at p. 7)
For the reasons discussed in the preceding paragraphs and the
September 2023 CCE NOPR, DOE is adopting the corrections to sampling
provisions as proposed in the September 2023 CCE NOPR. This change
updates the reference as described, but does not change the
calculations.
2. Reporting Costs and Impacts
As discussed, in the September 2023 CCE NOPR, DOE proposed aligning
CAC/HP certification reporting requirements with the current test
procedure for CAC/HP in appendix M1, which was most recently amended by
the October 2022 CAC/HP Final Rule. 88 FR 67458, 67465. The proposed
certification requirements in the September 2023 CCE NOPR specifically
addressed new provisions in this amended version of the appendix M1
test procedure, use of which was required beginning on April 24, 2023.
Id.
In the September 2023 CCE NOPR, DOE tentatively determined that the
proposed amendments to the certification requirements would not impose
additional costs for manufacturers because manufacturers of CAC/HPs are
already submitting certification reports to DOE and should have readily
available the information that DOE proposed to collect as part of that
rulemaking. DOE stated that it did not believe the revised reporting
requirements would cause any appreciable change in reporting burden or
hours as compared to what CAC/HP manufacturers are currently doing
today. Id.
AHRI commented that if DOE adopted its recommendations regarding
CAC/HPs, AHRI would not expect significant additional burden or cost
for manufacturers associated with the amendments proposed for CAC/HPs.
AHRI noted that implementing amendments to templates does come at a
cost and burden to third-party certification bodies that AHRI willingly
[[Page 82010]]
bears for the benefit of manufacturers, regulators, and users. AHRI
commented it would appreciate a more streamlined and predictable
process. (AHRI, No. 18 at p. 7)
AHRI did not provide any data indicating increased costs to
manufacturers related to reporting. The reporting requirements for CAC/
HPs would be accomplished using the existing online data templates in
DOE's CCMS, which DOE does not expect to be any more burdensome than
reporting under the existing template. Based on the preceding
discussion and the discussion in the September 2023 CCE NOPR, DOE makes
a final determination that these amendments would not cause any
measurable change in reporting burden or hours for CAC/HP manufacturers
as compared to what they are currently doing today.
For the reasons discussed in the prior paragraphs and in the
September 2023 CCE NOPR, in this final rule DOE is adopting the
reporting requirements for CAC/HPs as proposed, with the additional
clarification of adding the word ``system'' to the requirement to
report whether a variable speed coil-only rating is based on a non-
communicating or communicating control system. Compliance with these
amended reporting requirements is not required until the next annual
certification report filing date on or after 210 days after publication
of this final rule.
C. Dishwashers
DOE is amending the certification reporting requirements for DWs,
which are cabinet-like appliances which, with the aid of water and
detergent, wash, rinse, and dry (when a drying process is included)
dishware, glassware, eating utensils, and most cooking utensils by
chemical, mechanical and/or electrical means and discharge to the
plumbing drainage system. 10 CFR 430.2. In the DWs test procedure final
rule published on January 18, 2023 (``January 2023 DW Final Rule''),
DOE amended the existing DWs test procedure at appendix C1 and
established a new test procedure at appendix C2, which would be
required at the time compliance is required with any amended energy and
water conservation standards. 88 FR 3234. Consistent with that final
rule, DOE is amending the reporting requirements.
1. Reporting
Under the existing requirements in 10 CFR 429.19, manufacturers
must report the following public product-specific information: the
estimated annual energy use in kilowatt hours (``kWh'') per year
(``kWh/yr''), the water consumption in gallons per cycle, and the
capacity in number of place settings as specified in ANSI/AHAM DW-1-
2010.\9\ 10 CFR 429.19(b)(2). Manufacturers must additionally report
the following product-specific information: the presence of a soil
sensor (and if present, the number of cycles required to reach
calibration); water inlet temperature used for testing in degrees
Fahrenheit (``[deg] F''); cycle selected for the energy test and
whether that cycle is soil-sensing; the options selected for the energy
test; the presence of a built-in water softening system (and if
present, the energy use in kWh and the water use in gallons required
for each regeneration of the water softening system, the number of
regeneration cycles per year, and data and calculations used to derive
these values); and an indication of whether Cascade Complete Powder or
Cascade with the Grease Fighting Power of Dawn was used as the
detergent formulation. 10 CFR 429.19(b)(3). These requirements are
applicable for any DW distributed in the United States on or after May
30, 2013. Additionally, when certifying dishwashers other than water
re-use dishwashers, the following requirements are applicable: (A)
Before July 17, 2023, Cascade Complete Powder detergent may be used as
the basis for certification in conjunction with the detergent dosing
methods specified in either section 2.5.2.1.1 or section 2.5.2.1.2 of
appendix C1. Cascade with the Grease Fighting Power of Dawn detergent
may be used as the basis for certification only in conjunction with the
detergent dosing specified in section 2.5.2.1.1 of appendix C1. (B)
Beginning July 17, 2023, Cascade Complete Powder detergent may be used
as the basis for certification of newly certified basic models only in
conjunction with the detergent dosing method specified in section
2.5.2.1.2 of appendix C1. Cascade with the Grease Fighting Power of
Dawn detergent may be used as the basis for certification only in
conjunction with the detergent dosing specified in section 2.5.2.1.1 of
appendix C1. Manufacturers may maintain existing basic model
certifications made prior to July 17, 2023, consistent with the
provisions of paragraph 10 CFR 429.19(b)(3)(vi)(A) and (B).
---------------------------------------------------------------------------
\9\ American National Standards Institute/Association of Home
Appliance Manufacturers DW-1-2010: Household Electric Dishwasher.
---------------------------------------------------------------------------
DOE is updating the dishwasher certification reporting requirements
and aligning the reporting requirements with the amended test procedure
at appendix C1 and the new test procedure at appendix C2. Use of
appendix C2 is required when determining compliance with the amended
energy and water conservation standards adopted in a direct final rule
published in the Federal Register on April 24, 2024. 89 FR 31398.
Accordingly, the certification reporting requirements that are specific
to appendix C2 are required to demonstrate compliance with those
amended energy and water conservation standards. DOE discusses the
updates in the following sections.
a. Update to the AHAM Industry Standard
The current reporting requirements at 10 CFR 429.19(b)(2) reference
the industry standard, ANSI/AHAM DW-1-2010 \10\ to the capacity of a
dishwasher in number of place settings. In the September 2023 CCE NOPR,
DOE proposed to exclude this reference in the dishwasher reporting
requirements at 10 CFR 429.19 because this industry standard is now
obsolete. 88 FR 67458, 67466. Additionally, the reference to the
definition of place settings only includes the items in the test load
that comprise a single place setting; it does not define the capacity
of a dishwasher itself, which is the metric that needs to be reported
for dishwashers at 10 CFR 429.19(b)(2). DOE also proposed to remove
ANSI/AHAM DW-1-2010 from its list of materials incorporated by
reference at 10 CFR 429.4 because this standard would no longer be
referenced anywhere in 10 CFR part 429 after the proposed removal of
this reference from 10 CFR 429.19. Id. DOE requested comment on its
proposal to remove this reference in the dishwasher reporting
requirements. Id.
---------------------------------------------------------------------------
\10\ Household Electric Dishwashers. ANSI/AHAM DW-1-2010. ANSI
approved Sept. 18, 2010.
---------------------------------------------------------------------------
ASAP et al. commented that it was appropriate for DOE to remove the
reference to the now obsolete ANSI/AHAM DW-1-2010 standard from the
reporting requirements for dishwashers. ASAP et al. noted that the
capacity in number of place settings remains a reporting requirement,
however, ``place settings'' is not defined in either 10 CFR 429.19 or
appendices C1 or C2 (or references therein). ASAP et al. recommended
that DOE should ensure that ``place settings'' is defined in the CFR.
ASAP et al. additionally noted that ``kilowatt hours'' was not
consistently hyphenated or not hyphenated in 10 CFR 429.19. (ASAP et
al., No. 14 at p. 4)
DOE notes that section 2.3 of appendix C1 and section 2.4 of
appendix C2 specify the test load items
[[Page 82011]]
through reference to section 2.7.1 of AHAM DW-1-2020,\11\ which
additionally references section 3.4 of AHAM DW-2-2020 \12\ that
specifies the items included in a place setting. As such, given this
reference to ``place settings'' in appendix C1 and appendix C2, DOE is
not making any changes to the reporting requirements at 10 CFR 429.19
to include a definition for place settings.
---------------------------------------------------------------------------
\11\ Uniform Test Method for Measuring the Energy Consumption of
Dishwashers. AHAM DW-1-2020.
\12\ Household Electric Dishwashers. AHAM DW-2-2020.
---------------------------------------------------------------------------
Additionally, in response to the comment from ASAP et al. noting
that ``kilowatt hours'' was not consistently hyphenated or not
hyphenated, DOE is updating the amended requirements in 10 CFR
429.19(b)(3)(v) to remove the hyphen from ``kilowatt-hours.''
For the reasons discussed in the preceding paragraphs and September
2023 CCE NOPR, DOE is adopting the proposal to remove ANSI/AHAM DW-1-
2010 from the referenced industry standard in 10 CFR 429.19(b)(2) and
the list of materials incorporated by reference at 10 CFR 429.4. DOE is
also making minor corrections to remove the hyphen from ``kilowatt-
hours.''
b. Cycle Selected for Energy Test
In the January 2023 DW Final Rule, DOE established a new appendix
C2 that specifies, in part, a minimum cleaning index threshold as a
condition for a valid test cycle. 88 FR 3234. If the normal cycle at
any soil level (i.e., heavy, medium, or light) does not meet the
specified cleaning index threshold, the unit is tested at the most
energy-intensive cycle that can achieve a cleaning index threshold of
70. 88 FR 3234, 3237. To ensure that the certification template is
consistent with the tested cycle requirements specified in appendix C2,
DOE proposed in the September 2023 CCE NOPR to include the following
additional confidential reporting requirement at 10 CFR
429.19(b)(3)(iii): the cycle selected for the energy test at the heavy,
medium, and light soil loads and whether these cycles are soil-sensing.
88 FR 67458, 67466. Further, DOE proposed to include the following
additional confidential reporting requirement at 10 CFR
429.19(b)(3)(iv): the options selected for the energy test at the
heavy, medium, and light soil loads. Id. These reporting requirements
would be required only at such time as use of appendix C2 is required
to demonstrate compliance with any future amended energy and water
conservation standards. Id. DOE requested comment on its proposal. Id.
The CA IOUs recommended that DOE make cycle setting information for
dishwashers publicly available. (CA IOUs, No. 8 at p. 2) The CA IOUs
stated that understanding the cycle setting would aid the public in
comparing dishwashers based on the mode of operation used for the
energy-efficiency results reported to DOE, allowing consumers to attain
similar savings. (Id.) The CA IOUs stated that if DOE deems the cycle
setting information to be confidential, DOE must at the very least
disclose whether the test was conducted using the normal cycle or
energy-intensive cycle. The CA IOUs commented that this information
could be an automatic output from the cycle setting information that
DOE proposes to collect confidentially. (Id.)
The test procedure at appendix C2 specifies a minimum cleaning
index threshold of 70 as a condition of a valid test cycle. If the
normal cycle does not meet this threshold value at any soil load, then
appendix C2 specifies that that soil load must be tested on the most
energy-intensive cycle. 10 CFR part 430, appendix C2, section 4.1(c).
As such, for any dishwasher that is manufactured after April 23, 2027,
the compliance date of amended standards, the rated values of energy
and water consumption would be reflective of the cycle type at which
the unit met the minimum cleaning index threshold. For example, if a
unit does not achieve the cleaning index threshold on the normal cycle
and was rated at the most energy-intensive cycle, from the consumer's
perspective, such a dishwasher would consume the maximum amount of
energy, reflective of its rated value, or less energy if consumers
choose any other cycle. Similarly, if a dishwasher achieves the
cleaning index threshold on the normal cycle, from the consumer's
perspective such a dishwasher would be expected to deliver the desired
cleaning performance at the cycle recommended for daily, typical, or
regular use. For these reasons, DOE is not requiring public reporting
of the cycle setting information for dishwashers.
The CA IOUs commented requesting DOE to require the certification
reports for dishwashers to include the total water heating energy
consumption publicly so consumers can make informed purchasing
decisions based on their water heater type. The CA IOUs stated that
different water heater recovery efficiencies are used when calculating
a consumer dishwasher's estimated annual operating costs, but they are
not used to calculate annual energy use, which instead relies on the
assumption that the dishwasher is operating with an electric resistance
water heater. The CA IOUs provided data comparing energy and water use
of dishwashers with an electric resistance water heater and heat pump
water heater and commented that the dishwasher test procedure in
appendix C2 does not accurately estimate the water energy, total
energy, and product rank order for consumers who own a heat pump water
heater. The CA IOUs recommended that DOE require manufacturers to
publicly report the total water heating energy consumption value, which
would allow consumers and consumer product research organizations to
analyze a dishwasher's potential annual energy use when paired with
different water heating systems and which can be accessed from test
reports without significantly increasing testing or reporting burden.
The CA IOUs commented that this information would assist consumers in
determining the most efficient dishwasher for their water heating
system. (CA IOUs, No. 8 at pp. 2-4)
In response, DOE notes that the estimated annual energy use is
calculated assuming that the dishwasher is operating with an electric
resistance water heater because the current standards for dishwashers
were developed using dishwasher energy consumption only with electric
resistance water heaters. From the data presented by the CA IOUs, DOE
notes that while the water heater efficiency impacts water heating
energy consumption, and, therefore, overall machine energy consumption,
it is just one of the aspects that contributes to water heating energy
consumption. The water heating energy consumption for a given
installation depends on the overall water consumption of the
dishwasher, whether the dishwasher is connected to hot or cold water,
the water heater type, and the hot water temperature setting. Of these,
water consumption of dishwashers is already a reported value (in
gallons per cycle). Consumers making decisions based on water heating
energy consumption can do so based on these factors by choosing to
calculate water heating energy consumption based on the dishwasher test
procedure at appendix C1 and appendix C2 via reference to AHAM DW-1-
2020.
Therefore, even if reporting water heating energy consumption would
not increase testing or reporting burden, DOE does not believe
reporting this metric is required because it is directly related to the
already reported value of water consumption. Accordingly, DOE is not
including the requirement to
[[Page 82012]]
report water heating energy consumption at this time.
For the reasons discussed in the preceding paragraphs and the
September 2023 CCE NOPR, DOE is adopting these amendments as proposed
in the September 2023 CCE NOPR.
c. Cleaning Index
As noted previously, the January 2023 DW Final Rule established a
new appendix C2 that specifies a minimum cleaning index threshold as a
condition for a valid test cycle. 88 FR 3234. Specifically, the January
2023 DW Final Rule states that each tested cycle on each individual
unit is required to achieve the applicable cleaning index threshold to
constitute a valid test cycle. 88 FR 3234, 3265-3266. To ensure that
the reported test cycle is a valid test cycle that meets the specified
applicable cleaning index threshold, DOE proposed to add a confidential
reporting requirement for the cleaning index of the sensor heavy
response, sensor medium response, and sensor light response test cycles
in the September 2023 CCE NOPR. 88 FR 67458, 67467. DOE additionally
proposed that the reported cleaning index for each basic model must be
the average cleaning index of the individual test units at each soil
level. Id. This reporting requirement would be required only at such
time as use of appendix C2 is required to demonstrate compliance with
any future amended energy and water conservation standards. Id. DOE
requested comment on its proposals. Id.
During the NOPR public meeting, AHAM noted that the dishwasher test
procedure at appendix C2 requires a cleaning index threshold of 70 at
each soil load for a valid test. AHAM stated that it would like to
understand DOE's reasoning to require reporting of an average cleaning
score rather than a yes/no question of whether the unit met the
threshold. (AHAM, Public Meeting Transcript, No. 6 at pp. 12-13) In
written comments, AHAM commented that it opposes DOE's proposed
requirement to report average cleaning index scores, as this
information has no practical utility in the context of currently
applicable dishwasher standards and test procedures and exceeds typical
test procedure reporting requirements. (AHAM, No. 9 at p. 2; AHAM, No.
16 at p. 2) AHAM commented that the January 2023 DW Final Rule stated
that each tested cycle on each individual unit is required to achieve
the applicable cleaning index threshold to constitute a valid test
cycle, while in the September 2023 CCE NOPR, DOE proposes a
confidential reporting requirement for the cleaning index of the sensor
heavy response, sensor medium response, and sensor light response test
cycles. AHAM commented that the test procedure at appendix C2 would
require a cleaning index score of over 70 for a test cycle to be valid,
and questioned why DOE would need to record specific test scores from
manufacturers since any score greater than or equal to 70 is acceptable
to have a valid test and the actual score is inconsequential. AHAM
stated that the test procedure does not require reporting of the
average cleaning score, so DOE's proposed requirement has no relation
to determining whether the performance threshold has been met. AHAM
commented that DOE does not collect data in many valid tests and cited
the example of refrigerator manufacturers not needing to report ambient
temperatures and clothes dryer manufacturers not reporting the final
remaining moisture content despite the test requirement that a final
remaining moisture content of 2 percent or below be achieved for a
valid test. AHAM commented that manufacturers need only ensure that
they meet the test procedure's 2 percent requirement. AHAM commented
that if DOE wants individual scores for future consideration of amended
energy conservation standards for dishwashers, DOE is obligated to
collect such data as would be needed for those standards within the
scope of such a rulemaking, or through a request to AHAM or its
members, but not in the scope of the September 2023 CCE NOPR. AHAM
commented that the cleaning index scores do not have practical utility
in the context of currently applicable standards and test procedures
because they are unnecessary to demonstrate compliance with standards;
instead, having a cleaning index score meeting the minimum threshold is
required for a valid test. (AHAM, No. 16 at pp. 2-3)
As stated, appendix C2 requires a cleaning index greater than or
equal to 70 to have a valid test cycle. If the normal cycle at any soil
level (i.e., heavy, medium, or light) does not meet the specified
cleaning index threshold, the unit is tested at the most energy-
intensive cycle that can achieve a cleaning index threshold of 70. DOE
notes that the test procedure at appendix C2 does not require reporting
of the average cleaning index because: (a) the test procedure does not
specify any reporting requirements, and (b) the test procedure
specifies testing instructions for a single test unit.
Further, DOE has determined that reporting of the tested cleaning
index is appropriate to ensure correct application of the test
procedure requirements because it would ensure that manufacturers are
recording the appropriate data when testing and reporting consistent
with the appendix C2 requirements (i.e., a cleaning index greater than
or equal to 70). DOE has determined that this reporting would better
ensure the appropriate application of appendix C2 and the sampling
requirements as compared to a yes/no field. Manufacturers would be
required to measure and report the cleaning index as part of any
appendix C2 testing.
In regard to AHAM's comment that DOE must collect this information
in a test procedure or standards rulemaking process, DOE explained in
section III.A.3 of this document that it has the authority to require
manufacturers to submit information that would be necessary to
establish test procedures or standards. As stated, reporting of the
cleaning index threshold would ensure that the test procedure at
appendix C2 is conducted correctly for the purposes of certifying
performance, particularly as it pertains to ensuring that the tested
and reported cycle meets the cleaning index threshold specified in
appendix C2. DOE does not expect this reporting requirement to be
unduly burdensome because the cleaning index will be calculated and
recorded for each tested cycle as part of conducting the test under
appendix C2.
For the reasons discussed in the preceding paragraphs and the
September 2023 NOPR, DOE is adopting the confidential reporting
requirement for the cleaning index of the sensor heavy response, sensor
medium response, and sensor light response test cycles when testing
according to appendix C2 as proposed in the September 2023 CCE NOPR.
Additionally, as proposed in the September 2023 NOPR, DOE is specifying
that the reported cleaning index for each basic model much be the
average cleaning index of the individual test units at each soil level.
d. Water Re-Use System Dishwashers
On November 1, 2013, DOE published a Decision and Order granting
Whirlpool a test procedure waiver (``Whirlpool waiver'') for testing
specified basic models equipped with a ``water use system,'' in which
water from the final rinse cycle is stored for use in the subsequent
cycle, with periodic draining (``drain out'') and cleaning (``clean
out'') events. 78 FR
[[Page 82013]]
65629, 65629-65630. (Case No. DW-11).\13\
---------------------------------------------------------------------------
\13\ All materials regarding the Whirlpool waiver are available
in docket EERE-2013-BT-WAV-0042 at www.regulations.gov.
---------------------------------------------------------------------------
In the January 2023 DW Final Rule, DOE amended appendix C1 to
include the requirements from the Whirlpool waiver for testing water
re-use system DWs via reference to the industry standard, AHAM DW-1-
2020, with some modifications to the equations in sections 5.6.1.3,
5.6.1.4, 5.6.2.3, and 5.6.2.4 of AHAM DW-1-2020. DOE also adopted these
requirements in the new appendix C2. 88 FR 3234, 3249.
Accordingly, in the September 2023 CCE NOPR, DOE proposed to amend
the reporting requirements at 10 CFR 429.19(b)(3) to include reporting
of energy and water use associated with drain out and clean out events,
consistent with the information required to be reported by Whirlpool as
part of the waiver. 88 FR 67458, 67467. These reported values would be
used in equations to account for the extra water and energy associated
with water re-use systems. Specifically, DOE proposed that the
additional machine electrical energy consumption required for a drain
out event and clean out event--expressed in kWh--and the additional
water consumption required for drain out and clean out events during a
drain out cycle--expressed in gallons per cycle (``gal/cycle'')--be
reported confidentially. Id. DOE requested comment on these proposals.
Id.
The CA IOUs commented that DOE should make publicly available the
energy and water use from drain-out and clean-out events. The CA IOUs
stated that understanding the energy and water consumption from drain
out and clean out events would help stakeholders identify efficiency
improvements and allow consumers to understand types of dishwasher use
that would change their product's expected water and energy
consumption. (CA IOUs, No. 8 at p. 2)
In response, DOE notes that it is not requiring that the energy and
water use from drain-out and clean-out events be reported publicly
because these metrics would not add any value to a consumer's decision-
making, as the reported energy and a water use of water re-use system
dishwasher would already include the energy and water use associated
with a drain out or clean out event and, thus, not change a
dishwasher's expected water and energy consumption compared to the
rated values.
AHAM opposed DOE's proposal to amend the reporting requirements at
10 CFR 429.19(b)(3) to include reporting of energy and water use
associated with drain out and clean out events. (AHAM, No. 9 at p. 2;
AHAM, No. 16 at p. 3) AHAM commented that it opposed this proposal
because these values are not necessary to demonstrate compliance with
standards. AHAM commented that the energy and water use of a product is
captured in the final test result, and this proposed additional
requirement places an unnecessary reporting burden on manufacturers
without a corresponding benefit. AHAM commented that the reporting of
energy and water use associated with drain out and clean out events
does not have practical utility and the burden is not justified by the
usefulness of the data as is required by PRA. (AHAM, No. 16 at pp. 3-4)
DOE previously determined that the energy and water use associated
with drain out or clean out events are needed to provide a
representative measure of the energy and water use of dishwashers with
water re-use systems (see Whirlpool waiver).\14\ DOE notes that the
impact of a water re-use system during normal use is captured in the
DOE test procedure (both appendix C1 and appendix C2), but drain out
and clean out events require separate consideration as they are not
necessarily captured during the sequence of test cycles conducted as
part of the DOE test procedure. DOE proposed this requirement because
these values are necessary to determine the final machine energy
consumption and water consumption if DOE were to conduct an enforcement
test. As such, DOE's proposal to confidentially report the energy and
water use associated with a drain out or clean out event for water re-
use dishwashers is similar to the reporting requirements for any other
information that DOE would require to conduct a test (e.g., the energy
and water use associated with each regeneration of the water softening
system for dishwashers with built-in water softening systems).
---------------------------------------------------------------------------
\14\ All materials regarding the Whirlpool waiver are available
in docket EERE-2013-BT-WAV-0042 at www.regulations.gov.
---------------------------------------------------------------------------
For the reasons discussed, DOE is adopting the additional reporting
requirements for water re-use system dishwashers as proposed in the
September 2023 CCE NOPR.
e. Dishwashers With Built-In Reservoirs
DOE published a Decision and Order on December 9, 2020 granting CNA
International Inc. (``CNA'') a test procedure waiver (``CNA waiver'')
for a basic model of a compact DW that does not connect to a water
supply line and instead has a built-in reservoir that must be manually
filled with water. 85 FR 79171, 79171 and 79173 (Case No. 2020-
008).\15\
---------------------------------------------------------------------------
\15\ All materials regarding the CNA waiver are available in
docket EERE-2020-BT-WAV-0024 at www.regulations.gov.
---------------------------------------------------------------------------
In the January 2023 DW Final Rule, DOE amended appendix C1 to
include the requirements from the CNA waiver, which was specific to a
compact DW basic model, to be applicable to a DW of any capacity with a
manually filled built-in water reservoir. DOE also adopted these
requirements in the new appendix C2. 88 FR 3234, 3241.
Accordingly, in the September 2023 CCE NOPR, DOE proposed to amend
the reporting requirements at 10 CFR 429.19(b)(3) to include reporting
of the reservoir capacity in gallons, prewash and main wash fill water
volume in gallons (if testing is performed using appendix C1), and the
total water consumption in gallons per cycle for DWs with built-in
reservoirs. 88 FR 67458, 67467. DOE's proposal to report the prewash
and main wash fill water volumes is only applicable to appendix C1
because these water volumes are used to determine detergent dosage in
appendix C1, while the detergent dosage in appendix C2 is dependent on
the number of place settings. DOE requested comment on its proposed
reporting requirements for DWs with built-in reservoirs. Id.
AHAM commented objecting to DOE's proposed requirement for
dishwashers with built-in reservoirs to include reporting of the
reservoir capacity and prewash/main wash fill water volume because
these data points are not needed to demonstrate compliance with
standards. (AHAM, No. 9 at p. 2; AHAM, No. 16 at p. 4) AHAM commented
that DOE has not described how the information would have practical
utility or how the reporting burden would be justified as required by
PRA. AHAM commented that DOE can request records in the event of an
enforcement action. (AHAM, No. 16 at p. 4)
DOE proposed the requirement for dishwashers with built-in
reservoirs to report the reservoir capacity and prewash and main wash
fill water volumes because these values are required to determine the
dishwasher's water consumption and detergent dosage, respectively, if
DOE were to conduct an enforcement test. As such, DOE's proposal to
confidentially report the water consumption and prewash and main wash
fill water volumes is similar to the reporting requirements for
[[Page 82014]]
any other information that DOE would require to conduct a test (e.g.,
the energy and water use associated with each regeneration of the water
softening system for dishwashers with built-in water softening
systems). Additionally, DOE does not expect this reporting requirement
to be unduly burdensome because manufacturers of dishwashers with
built-in reservoirs would already be determining these values to
conduct the test procedure. Therefore, DOE is maintaining its proposal
from the September 2023 CCE NOPR.
For the reasons discussed, DOE is adopting the amendments as
proposed in the September 2023 CCE NOPR.
f. Rounding Requirements
In the September 2023 CCE NOPR, DOE proposed to specify at new
section 10 CFR 429.19(c) that the represented value of estimated annual
energy use must be rounded to the nearest kWh/yr and the represented
value of water consumption must be rounded to one decimal place (i.e.,
the nearest 0.1 gallon per cycle). 88 FR 67458, 67467. DOE noted that
these rounding requirements were consistent with the existing rounding
requirements for DWs specified at 10 CFR 430.23(c)(2) and 10 CFR
430.23(c)(3), respectively and requested comment on the proposed
rounding requirements. Id.
DOE did not receive any comments on the proposed rounding
requirements for DWs. For the reasons discussed, DOE is adopting the
requirements as proposed in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR, DOE proposed to align the DW
certification reporting requirements with the amended test procedure at
appendix C1, use of which was required beginning July 17, 2023, and
with the newly adopted test procedure at appendix C2, use of which
would be required at such time as compliance is required with any
amended energy conservation standards based on appendix C2. 88 FR
67458, 67467.
For dishwashers, manufacturers currently report the following: (1)
the estimated annual energy use in kWh/yr; (2) the water consumption in
gallons per cycle; (3) the capacity in number of place settings as
specified in ANSI/AHAM DW-1-2010; (4) the presence of a soil sensor,
and if present, the number of cycles required to reach calibration; (5)
the water inlet temperature used for testing in [deg]F; (6) the cycle
selected for the energy test and whether that cycle is soil-sensing;
(7) the options selected for the energy test; (8) the presence of a
built-in water softening system, and if present, the energy use in kWh
and the water use in gallons required for each regeneration of the
water softening system, the number of regeneration cycles per year, and
data and calculations used to derive these values; and (9) indication
of whether Cascade Complete Powder or Cascade with the Grease Fighting
Power of Dawn was used as the detergent formulation. 10 CFR 429.19
(b)(2)-(3). Additionally, when certifying dishwashers, other than water
re-use dishwashers, according to appendix C1, the following
requirements are applicable: (A) Before July 17, 2023, Cascade Complete
Powder detergent may be used as the basis for certification in
conjunction with the detergent dosing methods specified in either
section 2.5.2.1.1 or section 2.5.2.1.2 of appendix C1. Cascade with the
Grease Fighting Power of Dawn detergent may be used as the basis for
certification only in conjunction with the detergent dosing specified
in section 2.5.2.1.1 of appendix C1; and (B) Beginning July 17, 2023,
Cascade Complete Powder detergent may be used as the basis for
certification of newly certified basic models only in conjunction with
the detergent dosing method specified in section 2.5.2.1.2 of appendix
C1. Cascade with the Grease Fighting Power of Dawn detergent may be
used as the basis for certification only in conjunction with the
detergent dosing specified in section 2.5.2.1.1 of appendix C1.
Manufacturers may maintain existing basic model certifications made
prior to July 17, 2023, consistent with the provisions of paragraph 10
CFR 429.19(b)(3)(vi)(A)-(B).
In the September 2023 CCE NOPR, DOE noted that under the proposed
amendments, manufacturers would additionally report the following: (1)
the cycles selected for the sensor heavy response, sensor medium
response, and sensor light response and whether these cycles are soil-
sensing if testing is performed using appendix C2; (2) the options
selected for the sensor heavy response, sensor medium response, and
sensor light response if testing is performed using appendix C2; (3)
the average cleaning index for the sensor heavy response, sensor medium
response, and sensor light response cycles if testing is performed
using appendix C2; (4) whether the product is a water re-use system
dishwasher and if so, the energy use in kWh and water use in gallons
required for a drain out event, the energy use in kWh and water use in
gallons required for a clean out event, the number of drain out events
per year, the number of clean out events per year, the water fill
volume to calculate detergent dosage in gallons, and data and
calculations used to derive these values, as applicable; and (5) the
presence of a built-in reservoir and if present, the manufacturer-
stated reservoir capacity in gallons, the prewash fill water volume in
gallons and the main wash fill water volume in gallons if testing is
performed using appendix C1, and the reservoir water consumption in
gallons per cycle. DOE additionally proposed to add rounding
requirements for estimated annual energy use and water consumption and
remove the ANSI/AHAM DW-1-2010 industry standard that is included as a
reference from 10 CFR 429.4. 88 FR 67458, 67468.
In the September 2023 CCE NOPR, DOE tentatively determined that the
proposed amendments would not impose additional costs for manufacturers
because manufacturers of DWs are already submitting certification
reports to DOE and should have readily available the information that
DOE is proposing to collect as part of this rulemaking. Additionally,
any requirements stemming from the updates to the test procedure were
accounted for in the January 2023 DW Final Rule. DOE stated that it did
not believe the revised reporting requirements would cause any
appreciable change in reporting burden or hours as compared to what DW
manufacturers are currently doing today. Id.
DOE did not receive any comments on the certification and reporting
costs associated with the proposed reporting requirements for DWs. In
this final rule, DOE makes a final determination that the amendments to
the reporting requirements for DWs would not cause any measurable
change in reporting burden or hours for DW manufacturers.
For the reasons discussed in the prior paragraphs and in the
September 2023 CCE NOPR, in this final rule DOE is adopting the
reporting requirements for DWs as proposed. Compliance with the amended
reporting requirements for appendix C1 is not required until the next
annual certification report filing date on or after 210 days after
publication of this final rule. Compliance with the amended reporting
requirements for appendix C2 is not required until April 23, 2027, the
compliance date of amended energy conservation standards based on the
use of appendix C2.
D. Residential Clothes Washers
DOE is amending the reporting requirements for RCWs, which are a
[[Page 82015]]
consumer product designed to clean clothes, utilizing a water solution
of soap and/or detergent and mechanical agitation or other movement,
that must be one of the following classes: automatic clothes washers,
semi-automatic clothes washers, and other clothes washers. 10 CFR
430.2. In the RCW test procedure final rule published on June 1, 2022
(``June 2022 RCW Final Rule''), DOE amended the existing RCW test
procedure at appendix J2, established a new test procedure at appendix
J, and removed appendix J1. 87 FR 33316. Additionally, on March 15,
2024, DOE published in the Federal Register a direct final rule
adopting amended standards for RCWs based on the new metrics as
measured using appendix J (``March 2024 RCW DFR''). 89 FR 19026.
Consistent with the June 2022 RCW Final Rule and the March 2024 RCW
DFR, DOE is amending the reporting requirements for residential clothes
washers.
1. Reporting
Under the existing requirements in 10 CFR 429.20(b)(2)(i),
manufacturers of RCWs tested in accordance with the test procedure at
appendix J1 must report the following: modified energy factor
(``MEF''), capacity, corrected remaining moisture content (``RMC''),
and integrated water factor (``IWF''). Under the existing requirements
in 10 CFR 429.20(b)(2)(ii), manufacturers of RCWs tested in accordance
with the test procedure at appendix J2 must report the following:
integrated modified energy factor (``IMEF''), IWF, capacity, RMC, and
type of loading (top-loading or front-loading). Under the existing
requirements in 10 CFR 429.20(b)(3), all manufacturers of RCWs must
also report a list of cycle selections comprising the complete energy
test cycle.
DOE is updating these requirements and specifying new reporting
requirements that will apply to the new appendix J test procedure and
that will be required for certifying compliance with amended standards,
beginning March 1, 2028. DOE discusses these updates in the following
sections.
a. Removing Appendix J1
Appendix J1 was removed from the CFR as part of the June 2022 RCW
Final Rule. 87 FR 33316, 33365. Therefore, the provisions in 10 CFR
429.20(b)(2)(i), which specify reporting requirements for RCWs tested
in accordance with appendix J1, are obsolete. For these reasons, DOE
proposed to remove these reporting requirements, as well as requested
comment on the proposed removal of appendix J1 in the September 2023
CCE NOPR. 88 FR 67458, 67468.
DOE did not receive any comments on its proposal to remove
reporting requirements applicable to appendix J1 from 10 CFR
429.20(b)(2)(i). For the reasons discussed in the preceding paragraph
and the September 2023 CCE NOPR, DOE is finalizing this update as
proposed in the September 2023 CCE NOPR.
b. Clothes Container Capacity
DOE has established separate product classes for RCWs based on
clothes container capacity, among other characteristics. 10 CFR
430.32(g)(4). The current test procedure uses the term ``clothes
container capacity'' to refer to the measured capacity (see section 3.1
of appendix J2), whereas the current reporting requirements at 10 CFR
429.20(b)(2) use the term ``capacity.'' To provide greater consistency
in terminology between the test procedure and the reporting
requirements, DOE proposed to update the reporting requirement
terminology from ``capacity'' to ``clothes container capacity'' in the
September 2023 CCE NOPR. 88 FR 67458, 67468. DOE requested comment on
its proposed terminology update. Id.
DOE did not receive any comments on its proposal to update
reporting requirement terminology to specify ``clothes container
capacity'' for RCWs. For the reasons discussed in the preceding
paragraph and the September 2023 CCE NOPR, DOE is adopting this
amendment as proposed in the September 2023 CCE NOPR.
c. Test Cloth Lot Number
In the June 2022 RCW Final Rule, DOE implemented new language in 10
CFR 429.134(c) that provides additional product-specific enforcement
provisions for clothes washers to accommodate differences in RMC values
that may result from DOE using a different test cloth lot than was used
by the manufacturer for testing and certifying the basic model. 87 FR
33316, 33369-33371. To implement this new enforcement provision, DOE
proposed to require reporting the test cloth lot number used during
certification testing in the September 2023 CCE NOPR. 88 FR 67458,
67469. DOE also proposed that the reported test cloth lot number would
not be public. Id. DOE requested comment on its proposal to require
test cloth lot number to be reported. Id.
AHAM commented in support of DOE's proposal to require reporting of
test cloth lot number to accommodate differences in RMC values and
added that the additional enforcement provision addresses AHAM's
concerns related to the test cloth, including challenges surrounding
certification and reporting requirements. (AHAM, No. 16 at p. 4)
The CA IOUs commented that DOE should make data publicly available
on test cloth lot number for RCWs, asserting that this information
would allow efficiency advocates, consumer representatives, and
academia to investigate DOE's test cloth challenges. (CA IOUs, No. 8 at
p. 2) The CA IOUs commented that disclosure is in the public interest
to overcome information asymmetries in understanding product energy
consumption and identifying and supporting test procedure changes that
better reflect real-world energy use without undue manufacturer burden.
(Id.)
In response to the CA IOUs' comment, DOE notes that test cloth lot
number used for certification would not provide stakeholders with
appropriate means to understand product energy consumption or to make
comparisons of energy use across different cloth types. The use of test
cloth correction factors in the appendix J2 and appendix J test
procedures is designed specifically to ensure the consistency and
representativeness of the final energy and water use values
irrespective of the test cloth lot used. Accordingly, DOE would not
expect any meaningful inferences to be drawn from an analysis of test
cloth lot number and any of the currently certified energy and water
use values. Indeed, requiring the test cloth lot number to be publicly
available could introduce confusion to the consumer (for example by
suggesting or implying that the certified values for each model are
dependent upon the test cloth lot used) or by suggesting or implying
that differences in the test cloth lot number among different basic
models are indicative of differences in performance or other attributes
of each basic model.
To the extent that any technical challenges arise regarding the DOE
test cloth, DOE would address those in a separate rulemaking, as
appropriate. DOE will coordinate with representatives from AHAM,
clothes washer manufacturers, textile manufacturers, test laboratories,
and academia with particular subject matter expertise in DOE test cloth
and other textiles used for similar purposes in considering any
improvements to the DOE test cloth requirements.
Finally, DOE understands that under certain circumstances,
manufacturers may consider details such as the test cloth lot number
used for testing their products to be confidential or sensitive
[[Page 82016]]
business information. For example, patterns in test cloth lot number
data could provide indication of which laboratory conducted
certification testing, or they could provide insights into research and
development strategies--information that manufacturers generally
consider to be trade secrets.
For the reasons discussed in the preceding paragraphs and the
September 2023 CCE NOPR, DOE is adopting its proposal to require the
reporting of the test cloth lot number for RCWs and for the reported
test cloth lot number not to be public.
d. Specifying Requirements for Appendix J
The new appendix J test procedure establishes new energy and water
efficiency metrics for RCWs. Use of appendix J is required at such time
as compliance is required with any amended energy conservation
standards based on these new metrics as measured using appendix J. 87
FR 33316. In the March 2024 RCW DFR, DOE adopted amended standards for
RCWs based on the new metrics as measured using appendix J. 89 FR
19026. Compliance with amended standards will be required beginning
March 1, 2028. Consistent with these new metrics, in the September 2023
CCE NOPR, DOE proposed to specify certification requirements at 10 CFR
429.20(b)(2)(i) corresponding to the use of appendix J, as detailed in
the following sections, and requested comment on the proposed
requirements. 88 FR 67458, 67469. These reporting requirements will be
required to demonstrate compliance with the amended standards based on
the new appendix J metrics.
Energy Efficiency Ratio and Water Efficiency Ratio
Appendix J defines new metrics for representing clothes washer
efficiency: energy efficiency ratio (``EER'') \16\ and water efficiency
ratio (``WER'').\17\ In the September 2023 CCE NOPR, DOE proposed to
require including EER and WER as public information in a certification
report for RCWs tested in accordance with appendix J. 88 FR 67458,
67469.
---------------------------------------------------------------------------
\16\ EER is defined as the weighted-average load size in pounds
(``lbs'') divided by the sum of (1) the per-cycle machine energy,
(2) the per-cycle water heating energy, (3) the per-cycle drying
energy, and (4) the per-cycle standby and off mode energy
consumption, in kilowatt-hours (``kWh'').
\17\ WER is defined as the weighted-average load size in lbs
divided by the total weighted per-cycle water consumption for all
wash cycles in gallons (``gal'').
---------------------------------------------------------------------------
In the June 2022 RCW Final Rule, DOE established rounding
requirements for EER and WER in 10 CFR 430.23(j)(2)(ii) and (j)(4)(ii),
respectively. 87 FR 33316, 33381. These requirements specify rounding
EER to the nearest 0.01 lb/kWh/cycle and rounding WER to the nearest
0.01 gal/kWh/cycle. DOE proposed in the September 2023 CCE NOPR to
specify these same rounding requirements for EER and WER at 10 CFR
430.29(c). 88 FR 67458, 67469.
DOE did not receive any comments on its proposed rounding
requirements for EER and WER at 10 CFR 430.29(c). For the reasons
discussed in the preceding paragraphs and the September 2023 CCE NOPR,
DOE is adopting its proposal for rounding requirements for EER and WER
at 10 CFR 430.29(c) as proposed in the September 2023 CCE NOPR.
Type of Control System
In the March 2024 RCW DFR, DOE re-established a separate product
class and separate performance-based energy conservation standards for
semi-automatic RCWs.\18\ 89 FR 19026. Compliance with these amended
standards will be required beginning March 1, 2028. To distinguish
basic models as either automatic \19\ or semi-automatic for the purpose
of determining whether the current performance-based standards apply,
as well as which energy conservation standards will apply beginning
March 1, 2028, DOE proposed in the September 2023 CCE NOPR to require
reporting the type of control system (automatic or semi-automatic) as
public information to be included in a certification report for RCWs
tested in accordance with appendix J. 88 FR 67458, 67469.
---------------------------------------------------------------------------
\18\ DOE defines ``semi-automatic clothes washer'' as a class of
clothes washer that is the same as an automatic clothes washer
except that user intervention is required to regulate the water
temperature by adjusting the external water faucet valves. 10 CFR
430.2.
\19\ DOE defines ``automatic clothes washer'' as a class of
clothes washer that has a control system that is capable of
scheduling a preselected combination of operations, such as
regulation of water temperature, regulation of the water fill level,
and performance of wash, rinse, drain, and spin functions without
the need for user intervention subsequent to the initiation of
machine operation. Some models may require user intervention to
initiate these different segments of the cycle after the machine has
begun operation, but they do not require the user to intervene to
regulate the water temperature by adjusting the external water
faucet valves. 10 CFR 430.2.
---------------------------------------------------------------------------
DOE did not receive any comments on its proposal to require
reporting the type of control system (i.e., automatic or semi-
automatic) for RCWs. For the reasons discussed in the preceding
paragraphs and the September 2023 CCE NOPR, DOE is adopting this
requirement as proposed in the September 2023 CCE NOPR.
Other Requirements
For RCWs tested in accordance with appendix J, DOE also proposed in
the September 2023 CCE NOPR to establish public reporting requirements
for RMC, clothes container capacity, and type of loading (i.e., top-
loading or front-loading), consistent with the current reporting
requirements specified at 10 CFR 429.20(b)(2)(ii) for RCWs tested in
accordance with appendix J2. 88 FR 67458, 67469. These reporting
requirements will be required only at such time as use of appendix J is
required to demonstrate compliance with standards based on the new
appendix J metrics (i.e., on and after March 1, 2028).
DOE did not receive any comments on its proposal to require
reporting of RMC, clothes container capacity, and type of loading
(i.e., top-loading or front-loading) for RCWs tested in accordance with
appendix J. For the reasons discussed in the preceding paragraphs and
the September 2023 CCE NOPR, DOE is adopting these requirements as
proposed in the September 2023 CCE NOPR.
e. Additional Requirements
In response to the September 2023 CCE NOPR, the CA IOUs suggested
that DOE require public reporting of the weighted average cycle time
and default inactive/off mode power for RCWs at such time as appendix J
is required to be used for compliance. (CA IOUs, No. 8 at p. 5) The CA
IOUs asserted that RCWs with shorter cycle times would have an EER
weighted more heavily toward default inactive/off mode operation than
those with longer cycle times, and that consumers who use a clothes
washer multiple times per week are likelier to prioritize active mode
operation and energy consumption than consumers who run only one load
per week. (Id.) The CA IOUs commented that providing consumers with
information on the average cycle time and default inactive/off mode
power would help them choose the most efficient clothes washer, and
asserted that requiring these values to be reported should not result
in any material increase in reporting burden. (Id.)
As noted by the CA IOUs, DOE does not currently require reporting
weighted average cycle time or default inactive/off mode power and did
not propose to add these requirements in the September 2023 CCE NOPR.
Default inactive/off mode power is measured as part of the appendix
J test procedure to determine the combined low-power mode energy, which
is one
[[Page 82017]]
of several parameters used to calculate EER.\20\ Weighted average cycle
time is calculated as part of the appendix J test procedure and used to
determine the number of annual hours that a clothes washer spends in
low-power modes, which is used to calculate combined low-power mode
energy. Neither weighted average cycle time nor default inactive/off
mode power would need to be reported for DOE to determine compliance
with a standard based on EER. Additionally, these values would not need
to be reported to DOE to ensure appropriate assessment or enforcement
testing, as these values are measured as part of the DOE test
procedure.
---------------------------------------------------------------------------
\20\ EER is calculated in section 4.9 of appendix J as the
weighted average load size divided by the sum of machine electrical
energy, hot water heating energy, estimated drying energy, and
combined low-power mode energy.
---------------------------------------------------------------------------
DOE further notes that since weighted average cycle time and
default inactive/off mode power were not discussed in the September
2023 CCE NOPR, the public did not have an opportunity to consider or
provide comment on the CA IOUs' suggestion to add these reporting
requirements. In this final rule, DOE is finalizing new reporting
requirements for RCWs only for values that are required for determining
compliance (and for other products, for ensuring appropriate assessment
or enforcement testing) and that the public had an opportunity to
comment on through the September 2023 CCE NOPR.
For the reasons discussed in the preceding paragraphs, DOE is not
adopting a reporting requirement for weighted average cycle time or
default inactive/off mode power.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR, DOE proposed to align RCW
certification reporting requirements with the energy conservation
requirements that would be applicable to RCWs tested in accordance with
appendix J. 88 FR 67458, 67469.
Currently, manufacturers report IMEF, IWF, capacity, RMC, loading
type, and cycle selections. In the September 2023 CCR NOPR, DOE noted
that under the proposed amendments, manufacturers would additionally
report test cloth lot number. DOE additionally proposed that for RCWs
manufactured after the compliance date of any future energy
conservation standards based on use of appendix J, manufacturers would
be required to report EER, WER, capacity, RMC, control system type,
loading type, cycle selections, and test cloth lot number.
In the September 2023 CCE NOPR, DOE tentatively determined that the
proposed amendments would not impose additional costs for manufacturers
because manufacturers of RCWs are already submitting certification
reports to DOE and should have readily available the information that
DOE is proposing to collect as part of this rulemaking. 88 FR 67458,
67469. DOE stated that it did not believe the revised reporting
requirements would cause any appreciable change in reporting burden or
hours as compared to what RCW manufacturers are currently doing today
as the proposed amendments are replacement metrics or information that
should be readily available. Id. at 88 FR 67470.
DOE did not receive any comments on the certification reporting
costs of the amendments proposed for RCWs. In this final rule, DOE
makes a final determination that these amendments would not cause any
measurable change in reporting burden or hours for RCWs.
For the reasons discussed in the prior paragraphs, in this final
rule DOE is adopting the reporting requirements for RCWs as proposed in
the September 2023 CCE NOPR. Compliance with the amended reporting
requirements for appendix J2 is not required until the next annual
certification report filing date on or after 210 days after publication
of this final rule. Compliance with the amended reporting requirements
for appendix J is not required until March 1, 2028, the compliance date
of the amended energy conservation standards based on the use of
appendix J.
E. Pool Heaters
DOE is amending the reporting requirements for consumer pool
heaters. DOE defines pool heaters as an appliance designed for heating
non-potable water contained at atmospheric pressure, including heating
water in swimming pools, spas, hot tubs, and similar applications. 10
CFR 430.2. In the final rule published on May 30, 2023 (``May 2023 Pool
Heaters Final Rule''), DOE amended the energy conservation standards
for consumer pool heaters. 88 FR 34624. While the current standards
only apply to gas-fired pool heaters, the new and amended standards
apply to both gas-fired pool heaters and electric pool heaters
(excluding electric spa heaters) \21\ and use an updated efficiency
metric. Id. at 88 FR 34704. Consistent with the May 2023 Pool Heaters
Final Rule, DOE is amending the reporting requirements for consumer
pool heaters.
---------------------------------------------------------------------------
\21\ ``Electric pool heater'' means a pool heater other than an
electric spa heater that uses electricity as its primary energy
source. An ``electric spa heater'' means a pool heater that (1) uses
electricity as its primary energy source; (2) has an output capacity
of 11 kW or less; and (3) is designed to be installed within a
portable electric spa. 88 FR 34624, 34703. DOE did not establish
standards for electric spa heaters in the May 2023 Pool Heaters
Final Rule, so the certification requirements proposed in this NOPR
pertain only to electric pool heaters.
---------------------------------------------------------------------------
1. Reporting
Under the existing requirements in 10 CFR 429.24, manufacturers of
gas-fired pool heaters must report: thermal efficiency in percent and
input capacity in Btu/h. 10 CFR 429.24(b)(1)-(2). These requirements
provide for certifying compliance with the April 16, 2013 thermal
efficiency standards. The amended standards are based on a different
metric: integrated thermal efficiency. (See 88 FR 34624, 34625). In the
September 2023 CCE NOPR, DOE proposed to update these certification
requirements and align them with the energy conservation standards
outlined in the May 2023 Pool Heaters Final Rule. 88 FR 67458, 67470.
DOE additionally proposed general certification requirements for
consumer pool heaters. Id. DOE discusses these updates in the following
paragraphs.
The current standards for consumer pool heaters at 10 CFR 430.32(k)
provide only minimum thermal efficiency (``TE'') requirements for gas-
fired pool heaters, which does not include standby mode and off mode
energy consumption. While the TE metric has historically been used to
rate pool heaters, the current test procedure at appendix P to subpart
B of 10 CFR part 430 (``appendix P'') includes provisions to determine
the new integrated thermal efficiency (``TEI'') metric,
which includes standby mode and off mode energy consumption as required
by EPCA. Hence, the May 2023 Pool Heaters Final Rule established new
and amended standards for gas-fired pool heaters and electric pool
heaters in terms of TEI. 88 FR 34624, 34625. In the May 2023
Pool Heaters Final Rule, DOE stated that it would consider requirements
for reporting and certifying TEI in lieu of TE in a separate
rulemaking. 88 FR 34624, 34636. DOE stated that it would also consider
requirements for reporting and certifying active electrical power \22\
along with the representative value for TEI in a separate
rulemaking. Id.
---------------------------------------------------------------------------
\22\ ``Active electrical power'' means the maximum electrical
power consumption in active mode for an electric pool heater.
---------------------------------------------------------------------------
In the pool heaters energy conservation standards NOPR rulemaking
(``April 2022 Pool Heaters
[[Page 82018]]
NOPR''), DOE addressed comments from AHRI regarding the level of
precision required for representations of TEI. 87 FR 22640,
22652 (Apr. 15, 2022). AHRI suggested that, for products where the
efficiency ratings are less than 100 percent, a change of one or two
points may make a difference; however, for products such as heat pump
pool heaters with efficiency ratings that can exceed 300 percent, a
difference of one or two points is inconsequential. Id. DOE stated that
it would consider rounding requirements for consumer pool heaters in a
separate rulemaking addressing certification reports. Id.
In the April 2022 Pool Heaters NOPR, DOE sought comment on changes
to certification and enforcement requirements. Id. Rheem recommended
that DOE update the certification provisions at 10 CFR 429.24 to
require certification of TEI and either input capacity or
active electrical power as necessary. (Rheem, Docket No. EERE-2021-BT-
STD-0020, No. 19 at p. 2) Rheem also recommended that DOE evaluate
adding certification provisions--similar to the requirements for
consumer water heaters--which allow for the propane gas version of a
basic model to be rated using the natural gas version if the propane
gas input rate is within 10 percent of the natural gas input rate.
(Rheem, Docket No. EERE-2021-BT-STD-0020, No. 19 at p. 10)
In response to Rheem's request to use representations of natural
gas basic models for propane basic models, in the September 2023 CCE
NOPR, DOE noted that the water heater certification provisions
referenced by the commenter are specifically for AEDMs (see 10 CFR
429.70(g)(1)). 88 FR 67458, 67470. DOE additionally stated that
manufacturers of consumer pool heaters are not authorized to use AEDMs
for representations pertaining to consumer pool heaters (see 10 CFR
429.70(a)), and the May 2023 Pool Heaters Final Rule did not establish
this allowance. 88 FR 34624. Hence, in the September 2023 CCE NOPR, DOE
did not propose special certification requirements for propane gas-
fired pool heaters. 88 FR 67458, 67470.
For consumer pool heaters, DOE proposed to clarify provisions for
certifying input capacity, establish provisions for certifying active
electrical power, and establish certification requirements for
TEI (including rounding requirements) in the September 2023
CCE NOPR. 88 FR 67458, 67470. In the September 2023 CCE NOPR, DOE
tentatively determined that certification of input capacity and active
electrical power is necessary because these values are used to
determine the TEI standard that applies to a pool heater. 88
FR 67458, 67470.
In the September 2023 CCE NOPR, DOE proposed to clarify that
representations of input capacity for gas-fired pool heaters must be
made based on the average of the input capacities measured for each
tested unit of the basic model, and rounded to the nearest 1,000 Btu/h.
88 FR 67458, 67470. There are currently no certification requirements
for electric pool heaters. In the September 2023 CCE NOPR, DOE proposed
to establish requirements for active electrical power similar to those
for input capacity, because these two values are analogous to each
other for electric pool heaters and gas-fired pool heaters,
respectively. 88 FR 67458, 67470.
The May 2023 Pool Heaters Final Rule will require compliance with
standards using the TEI metric; hence, in the September 2023
CCE NOPR, DOE also proposed to require certification of this value. 88
FR 67458, 67470. The represented value for TEI would be
rounded to the nearest tenth of one percent for gas-fired pool heaters.
However, in consideration of the comments from AHRI indicating that the
level of precision does not need to be so stringent for electric pool
heaters, DOE proposed that the value for TEI would be
rounded to the nearest 1 percent for electric pool heaters. Id. In the
September 2023 CCE NOPR, DOE additionally noted that because
manufacturers of gas-fired pool heaters must still ensure that these
products comply with the current TE standards at 10 CFR 430.32(k),
until compliance with new TEI standards is mandatory,
therefore, DOE was maintaining the requirement for certifying TE of
gas-fired pool heaters for products that must comply with TE standards.
88 FR 67458, 67470-67471. DOE stated that reporting of TEI
would become mandatory upon the compliance date of the energy
conservation standards adopted in the May 2023 Pool Heaters Final Rule,
May 30, 2028, at which time manufacturers would no longer be required
to report TE. 88 FR 67458, 67471. DOE requested comment on its proposal
to require the reporting of input capacity, active electrical power,
integrated thermal efficiency, and the proposed rounding requirements.
Id.
Rheem commented in support of DOE requiring the reporting of input
capacity, active electrical power, and integrated thermal efficiency,
all of which, it noted, are necessary to determine compliance with the
recently amended energy conservation standards. However, Rheem
recommended that DOE explicitly state the required certification date
for both electric and gas-fired pool heaters in the final rule. Rheem
commented that its understanding is that gas-fired pool heaters must be
filed by May 1, 2028, and comply with the energy conservation standards
currently in effect, then re-filed by May 30, 2028, with models
complying with the amended standards. Rheem commented it also
understands for electric pool heaters, the initial filing date would be
May 30, 2028. (Rheem, No. 15 at p. 2; Rheem, Public Meeting Transcript,
No. 6 at pp. 16-17)
In terms of rounding requirements, Rheem commented it currently has
heat pump pool heaters with active electrical power ranging between
1.15-7.6 kW (3,923-25,932 Btu/h) and by the compliance date of the
energy conservation standards rulemaking, Rheem expects models above
and below this range to be available. Rheem commented that the proposed
rounding requirement would result in well over the 5
percent allowed in the enforcement provisions at 10 CFR 429.134(cc).
Rheem further noted that the integrated thermal efficiency standards
that an electric pool heater must meet are based on active electrical
power, and by rounding to the nearest 1,000 Btu/h, large jumps in the
required integrated thermal efficiency are observed. Rheem requested
that DOE reevaluate the active electrical power rounding requirements
for electric pool heaters, as rounding to the nearest 100 Btu/h
resulted in ~5-percent change from the actual active electrical power.
(Rheem, No. 15 at pp. 2-3)
Regarding the required certification dates, DOE clarifies that, as
Rheem stated in its comment, gas-fired pool heater ratings must be
certified to DOE and comply with the energy conservation standards
currently in effect by the required annual certification date of May 1.
Manufacturers may choose to submit certification reports prior to the
annual certification date. Regarding the amended standards compliance
date of May 30, 2028, DOE notes that it makes its best effort to
finalize certification templates to give certifiers sufficient time to
prepare for the compliance dates of any upcoming amended energy
conservation standards. Subsequently, gas-fired pool heaters can be
certified in accordance with the energy conservation standards that
take effect on May 30, 2028 in advance of the May 1 annual filing date
to avoid having to submit multiple certification reports in a brief
period of time. For electric pool heaters, which were only recently
covered by energy conservation
[[Page 82019]]
standards adopted in the May 2023 Pool Heaters Final Rule, the initial
required certification date will be May 30, 2028 (and manufacturers may
similarly choose to submit certification reports in advance of the
required date).
Regarding the rounding requirements proposed in the September 2023
CCE NOPR, DOE appreciates Rheem's comments and has reconsidered the
rounding requirements proposed for reporting of active electric power
(``PE''), for electric pool heaters. In the September 2023 CCE NOPR,
DOE proposed that PE be reported and rounded to the nearest 1,000 Btu/
h, in alignment with the reporting and rounding requirements for input
capacity of gas-fired pool heaters. 88 FR 67458, 67470. Energy
conservation standards for pool heaters are set by the integrated
thermal efficiency metric (``TEI''), and the efficiency
level is a function of PE for electric pool heaters, and input capacity
for gas pool heaters. Based on its own analysis of the range of PE
values that exist on the electric pool heater market, DOE agrees with
Rheem that rounding PE to the nearest 1,000 Btu/h would result in large
``jumps'' in the required TEI, particularly for electric
pool heaters with lower PE values. Furthermore, the product-specific
enforcement provisions for pool heaters state that if the PE value
found during testing deviates from the certified value by more than 5
percent, DOE would use the tested value instead of the certified value
as the basis for calculation of the TEI standard. (10 CFR
429.134(cc)(2)(ii)) Therefore, if the certified value is, as a result
of the rounding requirements, necessarily going to deviate from the
actual PE by more than 5 percent, this would mean that the minimum
TEI value used by DOE to determine compliance could
consistently be different from the minimum TEI value that
would correspond to the product's certification--in other words, there
would be greater uncertainty regarding which minimum TEI
value manufacturers must design their products to meet.
DOE has concluded that a tighter input capacity rounding
requirement for electric pool heaters than for gas-fired pool heaters
is justified, due to the fact that, based on DOE's observations, the
median PE for electric pool heaters currently on the market is 17,500
Btu/h whereas the median input capacity for gas-fired pool heaters is
266,000 Btu/h. That is, because the typical PE values for electric pool
heaters are much smaller than the typical input capacity values for
gas-fired pool heaters, it is justifiable for the rounding requirements
for PE to be tighter in order to be more proportional to the ratings
themselves. A rounding requirement of 100 Btu/h, as suggested by Rheem,
allows for a more accurate calculation of the applicable standard for
electric pool heaters (i.e., it reduces the size of the ``jumps'' in
the standard that the commenter had noted). Secondly, the tighter
rounding requirement better ensures the measured PE and the certified
PE remain within 5 percent of each other. Based on DOE research, the
smallest heat pump electric pool heaters on the market today may have
PE values of about 4,000 Btu/h, and a variation in certification due to
rounding to the nearest 100 Btu/h would constitute a deviation of less
than 5 percent, which is the threshold included in 10 CFR
429.134(cc)(2)(ii) for the use of the certified PE value during
enforcement testing. By contrast, a rounding requirement of 1,000 Btu/h
could result in a deviation of over 5 percent. Lastly, DOE has
determined that adopting a rounding requirement of 100 Btu/h for PE
would result in no change in compliance for electric heat pump pool
heaters currently on the market compared to a rounding requirement of
1,000 Btu/h, as these pool heaters are not currently subject to energy
conservation standards.
Therefore, in order to improve the accuracy of the TEI
standards calculated based on PE values for electric pool heaters, DOE
adopts a requirement that PE be reported and rounded to the nearest 100
Btu/h in this final rule.
DOE is adopting all other requirements for pool heaters as proposed
in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR, DOE proposed to align pool heater
certification reporting requirements with the energy conservation
requirements that would be applicable to pool heaters, as finalized in
the May 2023 Pool Heaters Final Rule. 88 FR 67458, 67471.
For gas-fired pool heaters, manufacturers currently report TE as a
percentage and input capacity in Btu/h. As a result of the amended
standards, manufacturers of gas-fired pool heaters would be required to
report TEI as a percentage in lieu of TE when certifying
compliance with the revised standards. For electric pool heaters,
manufacturers are not currently required to submit certification
reports as there are no applicable standards at this time. As a result
of the amended standards, manufacturers of electric pool heaters would
be required to report TEI as a percentage and active
electrical power in Btu/h. 88 FR 34624, 34704.
In the September 2023 CCE NOPR, DOE tentatively determined that
these proposed amendments would not impose additional costs for
manufacturers of gas-fired pool heaters because manufacturers of gas-
fired pool heaters are already submitting certification reports to DOE
and should have the information that DOE is proposing to collect as
part of this rulemaking readily available. DOE stated that it did not
believe the revised reporting requirements would cause any appreciable
increase in any manufacturer's reporting burden or hours compared to
certifying under current gas-fired pool heater requirements. For
electric pool heaters, manufacturers are not currently required to
submit certification reports to DOE because electric pool heaters are
not currently subject to any applicable energy conservation standards.
Any manufacturer of electric pool heaters would be required to submit
certification reports for electric pool heaters upon the compliance
date of the amended energy conservation standards, May 30, 2028. 88 FR
34624, 34704.
Rheem commented that it expects the certification and reporting
costs of the amendments proposed for pool heaters to increase, but this
increase will not be overly burdensome. (Rheem, No. 15 at pp. 3-4)
In this final rule, DOE makes a final determination that these
amendments would not cause any measurable change in reporting burden or
hours for gas-fired pool heaters. Costs associated with the new
reporting requirements pertaining to electric pool heaters are
discussed in section IV.C of this document. Compliance with the new and
amended reporting requirements is not required until the compliance
date of the associated energy conservation standards.
F. Dehumidifiers
DOE is amending the reporting requirements for dehumidifiers, which
DOE defines as products--other than portable air conditioners, room air
conditioners, or packaged terminal air conditioners--that are self-
contained, electrically operated, and mechanically encased assemblies
consisting of (1) a refrigerated surface (evaporator) that condenses
moisture from the atmosphere; (2) a refrigerating system, including an
electric motor; (3) an air-circulating fan; and (4) a means for
collecting or disposing of the condensate. 10 CFR 430.2. Use of
appendix X1 to subpart B of 10 CFR part
[[Page 82020]]
430 (``appendix X1'') is currently required for any representations of
energy use or efficiency of portable and whole-home dehumidifiers,
including demonstrating compliance with the currently applicable energy
conservation standards. Consequently, appendix X is obsolete for
dehumidifiers manufactured on or after June 13, 2019. Therefore, DOE is
removing the outdated appendix X reporting requirements consistent with
the removal of appendix X in the test procedure final rule published on
July 26, 2023 (``July 2023 Dehumidifiers Final Rule''). 88 FR 48035.
1. Reporting
Under the existing requirements in 10 CFR 429.36, manufacturers
must report: energy factor in liters per kilowatt hour (``liters/kWh'')
and capacity in pints per day when certifying compliance with
dehumidifiers tested in accordance with appendix X. 10 CFR
429.36(b)(2)(i). However, use of appendix X is no longer permitted for
compliance because use of appendix X1 is required to demonstrate
compliance with standards for products manufactured on or after June
13, 2019, and the July 2023 Dehumidifiers Final Rule removed appendix
X. 88 FR 48035. In the September 2023 CCE NOPR, DOE proposed to remove
the outdated appendix X certification requirements consistent with the
removal of appendix X that was proposed at that time (see 87 FR 35286)
and requested comment on its proposal. 88 FR 67458, 67471.
AHAM commented it had no objection to the removal of appendix X per
the June 2022 Dehumidifiers NOPR as appendix X1 is now required to
demonstrate compliance with standards for products manufactured on or
after June 13, 2019. (AHAM, No. 16 at p. 4)
For the reasons discussed, DOE is finalizing its proposal and
removing the outdated appendix X certification requirements, as
proposed in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR, DOE proposed to align dehumidifier
certification reporting requirements with the appendix X1 test
procedure requirements, use of which was required beginning on June 13,
2019, by removing the appendix X requirements applicable to
dehumidifiers manufactured prior to June 13, 2019. 88 FR 67458, 67471.
In the September 2023 CCE NOPR, DOE stated that it tentatively
determined that the proposed amendments would not impose additional
costs for manufacturers because the only proposed amendments were the
removal of outdated requirements. DOE did not propose any amendments to
the reporting requirements associated with appendix X1 and proposed to
remove certification requirements associated with a prior appendix.
Therefore, DOE stated that it did not believe the revised reporting
requirements would cause any appreciable change in reporting burden or
hours compared to certifying under current dehumidifier requirements.
Id.
DOE did not receive any comments on the certification reporting
costs of the amendments proposed for dehumidifiers. In this final rule,
DOE makes a final determination that these amendments would not cause
any measurable change in reporting burden or hours for Dehumidifier
manufacturers.
For the reasons discussed in the prior paragraphs, in this final
rule DOE is removing the outdated reporting requirements associated
with appendix X, as proposed in the September 2023 CCE NOPR.
G. External Power Supplies
DOE is amending the reporting requirements for EPSs. DOE defines an
EPS as an external power supply circuit that is used to convert
household electric current into direct current or lower-voltage AC
current to operate a consumer product. 10 CFR 430.2. In the test
procedure final rule published on August 19, 2022, DOE amended the
appendix Z test procedure for EPSs. 87 FR 51200. Consistent with that
final rule, DOE is amending the reporting requirements for EPSs.
1. Reporting
Under the existing requirements in 10 CFR 429.37(b)(2),
manufacturers must report the following based on the EPS type:
For EPSs, manufacturers currently report the average active mode
efficiency as a percentage, no-load mode power consumption in watts,
nameplate output power in watts, and, if missing from the nameplate,
the output current in amperes of the basic model or the output current
in amperes of the highest- and lowest-voltage models within the
external power supply design family.
For switch-selectable single-voltage EPSs, manufacturers currently
report the average active mode efficiency as a percentage, no-load mode
power consumption in watts using the lowest and highest selectable
output voltages, nameplate output power in watts, and, if missing from
the nameplate, the output current in amperes.
For adaptive single-voltage EPSs, manufacturers currently report
the average active-mode efficiency as a percentage at the highest and
lowest nameplate output voltages, no-load mode power consumption in
watts, nameplate output power in watts at the lowest and highest
nameplate output voltages, and, if missing from the nameplate, the
output current in amperes at the lowest and highest nameplate output
voltages.
For EPSs that are exempt from no-load mode requirements,
manufacturers currently report a statement that the product is designed
to be connected to a security or life safety alarm or surveillance
system component, the average active-mode efficiency as a percentage,
the nameplate output power in watts, and if missing from the nameplate,
the certification report must also include the output current in
amperes of the basic model or the output current in amperes of the
lowest- and highest-voltage models within the external power supply
design family. Manufacturers of these exempt external power supplies
are additionally required to report, if the aggregate total number of
exempt EPSs sold as spare and service parts exceeds 1,000 units across
all models: the importer or domestic manufacturer's name and address,
the brand name, and the number of units sold during the most recent 12-
calendar-month period ending on July 31. 10 CFR 429.37(b)(3) and 10 CFR
429.37(c).
These requirements for certifying compliance with the energy
conservation standards are applicable to EPSs manufactured on or after
February 10, 2014. In this final rule, DOE is aligning the reporting
requirements with the amended appendix Z test procedure, use of which
was required beginning September 19, 2022, and adopting general
certification requirements for EPSs. DOE discusses these updates in the
sections as follows.
a. Output Cord Specifications
DOE's amended EPS test procedure requires that EPSs be tested with
the output cord they are shipped with. For EPSs not shipped with an
output cord, the EPS must be tested with a manufacturer's recommended
output cord. For EPSs not shipped with an output cord and for which the
manufacturer does not recommend an output cord, the amendments specify
that the EPS must be tested with a 3-foot-long output cord with a
conductor thickness that is minimally sufficient to carry the maximum
required current. See section 4(g) of appendix Z.
[[Page 82021]]
To better align the reporting requirements with the test procedure,
in the September 2023 CCE NOPR, DOE proposed to add a reporting
requirement of the included output cord specifications (gauge and
length); for EPSs not shipped with an output cord, the specifications
(gauge and length) for the manufacturer's recommended output cord would
be provided. 88 FR 67458, 67472. For EPSs not shipped with an output
cord and for which the manufacturer does not recommend an output cord,
the gauge of the 3-foot-long output cord will be provided. Id. DOE
requested comment on these proposed requirements. Id.
During the NOPR public meeting, AHAM asked the purpose of
collecting information regarding the output cord specification in
certification reports as opposed to some other avenue. (AHAM, Public
Meeting Transcript, No. 6 at pp. 18-19) Additionally, in written
comments, AHAM commented it did not object to DOE's proposals regarding
aligning EPS reporting requirements with the amended appendix Z test
procedure and proposing general certification requirements; adding a
reporting requirement of the included output cord; and not including
manufacturer specifications for EPSs not shipped with an output cord
(instead, the gauge of the 3-foot-long output cord will be provided).
(AHAM, No. 16 at p. 5)
ASAP et al. commented requesting DOE to provide additional clarity
regarding EPS reporting provisions for output cords. ASAP et al.
expressed concern that the term ``specifications'' is too vague and
asked that, for additional clarity, DOE list the specifications so the
specific relevant information necessary for the performance validation
of EPSs could be collected. ASAP et al. additionally noted that during
the NOPR public meeting, gauge and length were listed as
specifications. (ASAP et al., No. 14 at p. 2)
As stated during the NOPR public meeting, the purpose of collecting
information related to the output cord is to ensure that output cord
requirements for EPSs that are not shipped with output cords are met
and to ensure that DOE is able to recreate the testing conditions for
verification testing. DOE notes that it identified the output cord
specifications to be reported as wire gauge and length in the September
2023 CCE NOPR and the NOPR public meeting. See 88 67458, 67472.
Accordingly, DOE clarifies that the output cord specifications to be
reported are effective wire gauge and length, and DOE is aligning 10
CFR 429.37(b)(2) and the corresponding EPS reporting templates
accordingly.
For the reasons discussed, in this final rule, DOE is adopting the
amendments as clarified from the September 2023 CCE NOPR.
b. Output Voltage
In DOE's current EPS test procedure and energy conservation
standards, determining factors for EPS type and product class are the
nature of the output voltage and its measured value. Output voltage
type (i.e., AC, DC, multiple voltage and/or adaptive) determines the
applicable portion of the test procedure and the template that must be
used for certification purposes. The measured value of the voltage
determines whether the EPS falls within the basic or low voltage
product class. To better align the reporting requirements with the test
procedure and energy conservation standards for EPSs, DOE proposed to
add a reporting requirement for the measured output voltage for each
port in the September 2023 CCE NOPR. 88 FR 67458, 67472. DOE requested
comment on this proposed requirement. Id.
AHAM commented that it did not object to DOE's proposal for EPSs
regarding adding a reporting requirement for the measured output
voltage for each port. (AHAM, No. 16 at p. 5)
For the reasons discussed, in this final rule, DOE is adopting the
amendments as proposed in the September 2023 CCE NOPR.
c. Additional Date Reporting Requirements for Exempt EPSs
To further clarify the time period during which the exempt EPSs
were sold, DOE proposed to require the manufacturer to report the
applicable timeframe of which the number of exempt EPSs were sold in
the September 2023 CCE NOPR. 88 FR 67458, 67472. DOE requested comment
on this proposed requirement. Id.
AHAM commented that it did not object to DOE's proposal for EPSs.
(AHAM, No. 16 at p. 5)
For the reasons discussed, in this final rule, DOE is adopting the
amendment as proposed in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR, DOE proposed to align EPS
certification reporting requirements with the revised appendix Z test
procedure requirements, use of which was required beginning September
19, 2022. 88 FR 67458, 67472.
For switch-selectable single-voltage EPSs, manufacturers currently
report the average active mode efficiency as a percentage, no-load mode
power consumption in watts using the lowest and highest selectable
output voltages, nameplate output power in watts, and, if missing from
the nameplate, the output current in amperes, and would additionally
report included or recommended output cord specifications and the
measured output voltage at the lowest and highest selectable output
voltages if the proposed amendments are adopted.
For adaptive single-voltage EPSs, manufacturers currently report
the average active-mode efficiency as a percentage at the highest and
lowest nameplate output voltages, no-load mode power consumption in
watts, nameplate output power in watts at the lowest and highest
nameplate output voltages, and, if missing from the nameplate, the
output current in amperes at the lowest and highest nameplate output
voltages, and would additionally report included or recommended output
cord specifications and the measured output voltage at the lowest and
highest nameplate output voltages if the proposed amendments are
adopted.
For EPSs that are exempt from no-load mode requirements,
manufacturers currently report a statement that the product is designed
to be connected to a security or life safety alarm or surveillance
system component, the average active-mode efficiency as a percentage,
the nameplate output power in watts, and if missing from the nameplate,
the certification report must also include the output current in
amperes of the basic model or the output current in amperes of the
lowest- and highest-voltage models within the external power supply
design family, and would additionally report included or recommended
output cord specifications and the measured output voltage or the
measured output voltage of the lowest and highest voltage models within
the external power supply design family, and the timeframe of which
these exempt EPSs were sold, if the proposed amendments are adopted.
For all other EPSs, manufacturers currently report the average
active mode efficiency as a percentage, no-load mode power consumption
in watts, nameplate output power in watts, and, if missing from the
nameplate, the output current in amperes of the basic model or the
output current in amperes of the highest- and lowest-voltage models
within the external power supply design family.
[[Page 82022]]
In the September 2023 CCE NOPR, DOE noted that under the proposed
amendments manufacturers would additionally report included or
recommended output cord specifications and the measured output voltage
or the measured output voltage of the lower and highest voltage models
within the EPS design family if the proposed amendments are adopted.
Id. at 88 FR 67473.
In the September 2023 CCE NOPR, DOE tentatively determined that the
proposed amendments would not impose additional costs for manufacturers
because manufacturers of EPSs are already submitting certification
reports to DOE and should have readily available the information that
DOE is proposing to collect as part of this rulemaking. Id. DOE stated
that it did not believe the revised reporting requirements would cause
any appreciable change in reporting burden or hours as compared to what
EPS manufacturers are currently doing today. Id.
DOE did not receive any comments on the certification reporting
costs of the amendments proposed for EPSs. As a result, in this final
rule, DOE makes a final determination that these amendments would not
cause any measurable change in reporting burden or hours for EPSs.
For the reasons discussed in the prior paragraphs and in the
September 2023 CCE NOPR, in this final rule, DOE is adopting the
reporting requirements for EPSs as proposed in the September 2023 CCE
NOPR. Compliance with these amended reporting requirements is not
required until the next annual certification report filing date on or
after 210 days after publication of this final rule.
H. Battery Chargers
DOE is amending the reporting requirements for battery chargers,
which DOE defines as devices that charge batteries for consumer
products, including battery chargers embedded in other consumer
products. 10 CFR 430.2. In the test procedure final rule published on
September 8, 2022 (``September 2022 Battery Charger Final Rule''), DOE
amended the scope of coverage and test procedure provisions for battery
chargers. 87 FR 55090. On March 15, 2023, DOE published an energy
conservation standards NOPR for battery chargers that was developed
based on the amended test procedure. 88 FR 16112. Consistent with the
test procedure final rule and the energy conservation standards NOPR,
DOE is reorganizing current reporting requirements and adding new
reporting requirements that will become mandatory upon the compliance
date of any future amended energy conservation standards for battery
chargers.
1. Reporting
Under the existing requirements in 10 CFR 429.39, manufacturers
must report: (1) the nameplate battery voltage of the test battery in
volts, the nameplate battery charge capacity of the test battery in
ampere-hours, and the nameplate battery energy capacity of the test
battery in watt-hours; (2) the represented values for the maintenance
mode power (Pm), standby mode power (Psb), off
mode power (Poff), battery discharge energy
(Ebatt), 24-hour energy consumption (E24),
duration of the charge and maintenance mode test (tcd), and
unit energy consumption (UEC); and (3) the manufacturer and model of
the test battery, and the manufacturer and model, when applicable, of
the external power supply. 10 CFR 429.39. These requirements provide
for certifying compliance with the energy conservation standards
applicable to battery chargers manufactured on or after June 13, 2018.
DOE is reorganizing these requirements and aligning the reporting
requirements with the amended test procedure at appendix Y to subpart B
of part 430 (``appendix Y''), use of which was required beginning on
March 7, 2023. DOE is also adopting new reporting requirements to the
certification requirements for battery chargers tested under appendix
Y1, use of which would be required upon the compliance date of any
future amended energy conservation standards for battery chargers. Id.
DOE discusses these updates in the sections as follows.
a. Reporting Requirements for Battery Chargers Tested Under Appendix Y1
In the September 2022 Battery Charger Final Rule, DOE established a
new appendix Y1 for the multi-metric testing approach for battery
chargers. Under the new multi-metric testing approach, instead of
computing and reporting the UEC value, which captures the performance
of a battery charger in all modes of operation into a single metric,
manufacturers are required to calculate and report the battery charger
energy and power values for each mode of operation separately. These
modes consist of active charge mode, standby mode, and off mode. 87 FR
55090, 55100-55105.
In the September 2023 CCE NOPR, DOE proposed to update the battery
charger reporting requirements in 10 CFR 429.39 to align with the new
multi-metric test procedure by (1) removing the UEC reporting
requirement for both wired and fixed-location wireless battery chargers
tested under appendix Y1, and (2) adding reporting requirements for
active charge energy Ea and no-battery mode power
Pnb. 88 FR 67458, 67473. Additionally, DOE proposed to
include active charge energy Ea (as measured in accordance
with appendix Y1) as an optional reporting requirement when certifying
compliance with the existing appendix Y requirements to assist DOE in
gathering data for any future amended energy conservation standards.
Id. Whether manufacturers choose to report this proposed optional
information would have no impact on the validity of representations
made when certifying compliance with appendix Y or the current energy
conservation standards. DOE requested comment on its proposed reporting
requirements for battery chargers tested under appendix Y1. Id.
During the NOPR public meeting, AHAM asked whether DOE has any
enforcement policy on whether it can enforce an optional reporting
requirement that may be inaccurate. (AHAM, Public Meeting Transcript,
No. 6 at p. 21) In written comments, AHAM commented that including
active charge energy Ea (as measured in accordance with
appendix Y1) as an optional reporting requirement is not the
appropriate mechanism for data collection as it falls outside the scope
of the PRA. (AHAM, No. 16 at p. 5) AHAM commented that if DOE wishes to
collect data for future amended standards, it should do so through that
rulemaking process, not through certification, compliance, and
enforcement provisions. (AHAM, No. 16 at p. 5; AHAM, No. 9 at p. 2)
Further, AHAM stated that DOE can always seek such data under its
authority to request records. AHAM commented that by including proposed
collections of information in the appropriate processes, DOE will be
able to demonstrate practical utility and appropriateness of the
information for its intended use and other requirements of the PRA.
(AHAM, No. 9 at p. 2) AHAM stated that if DOE chooses to move forward
with this optional reporting, DOE should also exercise discretion while
manufacturers learn to use it and the reporting template should clearly
distinguish required and optional elements, as should any public-facing
documentation. (AHAM, No. 16 at p. 5)
DOE notes that if manufacturers are making energy use
representations for a DOE regulated product or equipment, the specified
energy representations
[[Page 82023]]
would need to be made in accordance with DOE's corresponding test
procedure and certification requirements. Such energy representations
made would be subject to DOE's enforcement requirements in subpart C of
10 CFR 429. Based on stakeholder comments received and to avoid any
potential confusion of the active charge energy being an optional
metric, DOE is not adopting the proposal to include the optional active
charge energy reporting requirement when certifying compliance
according to appendix Y in this final rule.
ASAP et al. commented that in the proposed regulatory text at 10
CFR 429.39, there was an inconsistency in the style of maintenance mode
power, Pm, wherein the letter ``m'' was written as a
subscript in all references except in 10 CFR 429.39(a)(1)(ii). (ASAP et
al., No. 14 at p. 4) DOE notes that the letter ``m'' should indeed be a
subscript in the regulatory text and made that correction in the
regulatory text section of this final rule.
DOE is adopting the other September 2023 CCE NOPR proposed
amendments regarding appendix Y1 in this final rule as proposed in the
September 2023 CCE NOPR.
b. Reporting Requirements for Open-Placement Wireless Battery Chargers
Tested Under Appendix Y1
In the September 2022 Battery Charger Final Rule, DOE expanded the
battery charger testing scope to include testing of fixed-location
wireless chargers in all modes of operation and testing of open-
placement wireless chargers in no-battery mode only. 87 FR 55090,
55095-55098.
Under the current appendix Y test procedure, all modes of operation
would need to be tested for battery chargers covered under the test
procedure scope. As such, there was no need to differentiate the
reporting requirements for wired vs. wireless chargers. However, under
appendix Y1, open-placement wireless chargers will only need to be
tested in the no-battery mode of operation. Accordingly, DOE proposed
in the September 2023 CCE NOPR to further specify that for open-
placement wireless chargers, only the no-battery mode power,
Pnb, would need to be reported. 88 FR 67458, 67473. DOE
requested comment on its proposed reporting requirements for open-
placement battery chargers tested under appendix Y1. Id.
DOE did not receive any comments on the proposal to further specify
the reporting requirements for open-placement wireless battery chargers
tested under appendix Y1. For the reasons discussed in the preceding
paragraphs and the September 2023 CCE NOPR, DOE is adopting the
amendments as proposed in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR, DOE proposed to align battery
charger certification reporting requirements with the amended appendix
Y test procedural requirements, use of which was required beginning on
October 11, 2022, and the newly established appendix Y1 test procedure,
use of which would be required at such time as compliance is required
with any amended energy conservation standards based on these new
metrics as measured using appendix Y1. 88 FR 67458, 67473.
For wired chargers tested under current appendix Y, manufacturers
currently report (1) the nameplate battery voltage of the test battery
in volts, the nameplate battery charge capacity of the test battery in
ampere-hours, and the nameplate battery energy capacity of the test
battery in watt-hours; and (2) the represented values for the
Pm, Psb, Poff, Ebatt,
E24, tcd, and UEC; and (3) the manufacturer and
model of the test battery, and the manufacturer and model, when
applicable, of the external power supply. In the September 2023 CCE
NOPR, DOE noted that if the proposed amendments were adopted, when
tested under appendix Y1, instead of reporting UEC and E24
values, manufacturers would report the active charge energy
(Ea) and no-battery mode power, Pnb. 88 FR 67458,
67474.
In the September 2023 CCE NOPR, DOE additionally noted for fixed-
location wireless chargers tested under appendix Y1, manufacturers
would need to report (1) the nameplate battery voltage of the test
battery in volts, the nameplate battery charge capacity of the test
battery in ampere-hours, and the nameplate battery energy capacity of
the test battery in watt-hours; (2) the represented values for the
Pm, Pnb, Psb, Poff,
Ebatt, Ea, and duration of the charge and
tcd; and (3) the manufacturer and model of the test battery,
and the manufacturer and model--when applicable--of the external power
supply, if the proposed amendments were adopted. Id.
For open-placement wireless chargers tested under appendix Y1, DOE
noted that manufacturers would need to report the represented values
for Pnb, and the manufacturer and model, when applicable, of
the EPS, if the proposed amendments were adopted. Id.
In the September 2023 CCE NOPR, DOE tentatively determined that the
proposed amendments would not impose additional costs for manufacturers
because manufacturers of battery chargers are already submitting
certification reports to DOE and the additional information that DOE
was proposing to collect as part of this rulemaking should be readily
available to manufacturers and would not require additional testing. 88
FR 67458, 67474. DOE stated that it did not believe the revised
reporting requirements would cause any appreciable change in reporting
burden or hours as compared to what battery charger manufacturers are
currently doing today. Id.
DOE did not receive any comments on the certification reporting
costs of the amendments proposed for battery chargers. In this final
rule, DOE makes a final determination that these amendments would not
cause any measurable change in reporting burden or hours for battery
chargers.
For the reasons discussed in the prior paragraphs, in this final
rule DOE is adopting the reporting requirements for battery chargers as
proposed in the September 2023 CCE NOPR, other than removing the
optional active charge energy reporting requirement when certifying
compliance according to appendix Y. Compliance with these amended
reporting requirements is not required until the use of appendix Y1 is
required.
I. Computer Room Air Conditioners
DOE is amending the reporting requirements for CRACs. DOE defines
``computer room air conditioner'' as a basic model of commercial
package air-conditioning and heating equipment (packaged or split) that
is: marketed for use in computer rooms, data processing rooms, or other
information technology cooling applications; and is not a covered
consumer product under 42 U.S.C. 6291(1)-(2) and 42 U.S.C. 6292. A CRAC
may be provided with, or have as available options, an integrated
humidifier, temperature and/or humidity control of the supplied air,
and reheating function. 10 CFR 431.92. In the energy conservation
standards final rule published in the Federal Register on June 2, 2023
(``June 2023 CRACs Final Rule''), DOE amended the energy conservation
standards for CRACs and adopted the NSenCOP metric. 88 FR 36392.
Consistent with the June 2023 CRACs final rule, DOE is amending the
reporting requirements for CRACs.
1. Reporting
Under the existing reporting requirements for CRACs in 10 CFR
429.43(b)(2)(ix), manufacturers must report: net sensible cooling
capacity in
[[Page 82024]]
Btu/h, net cooling capacity in Btu/h, configuration (upflow/downflow),
economizer presence (or lack thereof), condenser medium (air, water, or
glycol-cooled), SCOP, and rated airflow in standard cubic feet per
minute (``SCFM''). These requirements provide for certifying compliance
with the standards applicable to CRACs manufactured on or after October
29, 2012, for units of capacity less than 65,000 Btu/hr, and October
29, 2013, for the remainder of covered CRACs. 10 CFR 431.97(f)(1). DOE
is updating these requirements and aligning the reporting requirements
with the energy conservation standards in the June 2023 CRACs final
rule. DOE is also adopting other general certification requirements for
CRACs to better ascertain applicable standards and represented values,
including whether the basic model is split system or single-package,
unit configuration, and refrigerant utilized. DOE discusses these
updates in the sections as follows.
a. Revising Certification Reporting Requirements at 10 CFR
429.43(b)(2)(ix) When Certifying With NSenCOP Standards
Manufacturers are currently required to certify compliance with
SCOP standards, in addition to the other equipment-specific reporting
requirements. In the September 2023 CCE NOPR, DOE proposed to amend the
certification requirements to allow certifying compliance with NSenCOP
standards and related equipment-specific reporting requirements. 88 FR
67458, 67474 (Sept. 29, 2023). Specifically, DOE proposed to place the
existing reporting requirements for SCOP standards in new 10 CFR
429.43(b)(2)(ix)(A), and to place the new reporting requirements for
NSenCOP standards in new 10 CFR 429.43(b)(2)(ix)(B). Id. The NSenCOP
standard reporting requirements include the net sensible cooling
capacity in Btu/h, the net total cooling capacity in Btu/h, whether the
basic model is split system or single-package, the configuration (e.g.,
downflow, upflow ducted, upflow non-ducted, horizontal flow, ceiling-
mounted ducted, ceiling-mounted non-ducted), fluid economizer presence
(or lack thereof), condenser heat rejection medium (air, water, or
glycol-cooled), NSenCOP, rated airflow in SCFM, and the refrigerant
used to determine the represented values at 10 CFR 429.43(b)(2)(ix).
DOE requested comment on these proposed requirements. Id.
ASAP et al. stated that in the proposed 10 CFR 429.43(ix)(B) and
the draft certification template, the listed configurations of a CRAC
model for which a manufacturer would need to certify compliance with an
NSenCOP standard do not include roof-mounted or wall-mounted types.
However, the commenters noted that DOE included these configurations in
the test procedure final rule for CRACs published in the Federal
Register on April 11, 2023 (``April 2023 TP Final Rule;'' 88 FR 21816),
which also reflects the additions in AHRI 1360-2022 (I-P),
``Performance Rating of Computer and Data Processing Room Air
Conditioners.'' For completeness, ASAP et al. requested DOE to include
roof-mounted or wall-mounted configurations in the certification
reporting requirements and expand the listed product codes in the
product certification template to include these configurations. (ASAP
et al., No. 14 at p. 2)
In response, DOE would like to clarify that while the April 2023 TP
Final Rule includes provisions for rating roof-mounted and wall-mounted
CRAC configurations in terms of the NSenCOP metric, there are currently
no NSenCOP standards for roof-mounted or wall-mounted CRACs. As such,
the certification reporting requirements and the product certification
template do not include the roof-mounted or wall-mounted CRAC
configurations. Should standards in terms of NSenCOP be adopted for
roof-mounted or wall-mounted CRACs, DOE will consider adjustments to
the certification reporting requirements and product certification
template to reflect those CRAC configurations.
AHRI commented in support of CRAC certification reporting
requirements to make them consistent with amended energy conservation
standards established in the June 2023 CRACs Final Rule, noting that
compliance with the amended standards is required on and after May 28,
2024. AHRI commented that the final rule added 66 equipment class
categories, bringing the total number of Federally-regulated equipment
classes to 120, which, AHRI stated, prompted DOE to propose 120 product
group codes. However, AHRI suggested that the indication of upflow or
downflow configuration for applicable products would be better supplied
in a column, as reducing the number of product group codes would reduce
the burden in terms of AHRI's programming and manufacturers' data
entry. AHRI urged DOE to complete finalization of this rulemaking and
final templates for issuance no later than January 2, 2024, in order to
allow for appropriate time to comply for newly scoped-in equipment
classes. (AHRI, No. 18 at pp. 7-8)
In response to AHRI's recommendation that the indication of upflow
or downflow configurations be supplied in a column when dealing with
product group codes for CRACs, DOE notes that upflow and downflow
equipment are distinctly separated with different applicable energy
conservation standards. DOE typically assigns different product group
codes to classes of products or equipment with different energy
conservation standards and, therefore, considers it appropriate that
the upflow and downflow configurations be represented by different
product group codes. As such, DOE has determined to maintain upflow and
downflow configurations of CRACs under different product codes.
AHRI expressed support for DOE's proposal to require the reporting
of net sensible cooling capacity in Btu/h; net total cooling capacity
in Btu/h; whether the basic model is split system or single-package;
the configuration (e.g., downflow, upflow ducted, upflow non-ducted,
horizontal flow, ceiling-mounted ducted, ceiling-mounted non-ducted);
fluid economizer presence (or lack thereof); condenser heat rejection
medium (air, water, or glycol-cooled); NSenCOP; rated airflow in SCFM;
and the refrigerant used to determine the represented values. (AHRI,
No. 18 at p. 8)
ASAP et al. commented by providing the following suggested
editorial change to the regulatory text proposed in the September 2023
CCE NOPR at 10 CFR 429.43(b)(2)(ix)(B): replacing the term ``glycol-
cooled'' with ``glycol solution.'' (ASAP et al., No. 14 at p. 5)
In response, DOE notes that the use of ``glycol-cooled'' to
describe cooling mediums is consistent with the regulatory text used in
the energy conservation standards specified in 10 CFR 431.97(e), which
mirrors the terminology used in ASHRAE Standard 90.1-2022.\23\ To
maintain consistent terminology, DOE has determined not to change the
terminology used at 10 CFR 429.43(b)(2)(ix)(B).
---------------------------------------------------------------------------
\23\ Energy Standard for Sites and Buildings Except Low-Rise
Residential Buildings, ASHRAE Standard 90.1-2022.
---------------------------------------------------------------------------
Based upon stakeholder support, as well as the reasons discussed in
the preceding paragraphs, DOE is adopting the provisions for CRAC
certification reporting requirements for NSenCOP standards as proposed
in the September 2023 CCE NOPR.
[[Page 82025]]
b. Adding Supplemental Testing Instructions for CRACs at 10 CFR
429.43(b)(4)(viii)
Currently, manufacturers must submit supplemental information
regarding additional testing instructions, if applicable, and specify
which special features, if any, were included in rating the basic
model. 10 CFR 429.43(b)(4)(viii). The supplemental information
submitted in PDF format allows for third-party testing of equipment.
For CRACs, there are currently no specific requirements for the
supplemental PDF. For SCOP certification, in the September 2023 CCE
NOPR, DOE proposed to maintain the current requirements of 10 CFR
429.43(b)(4)(viii), but move them to 10 CFR 429.43(b)(4)(viii)(A). 88
FR 67458, 67474. For NSenCOP certification, DOE proposed to specify the
information required in supplemental testing instructions that would
enable independent testing of the relevant equipment and to align with
the corresponding requirements for CUACs, where appropriate. Id. This
includes, but is not limited to, supplementary information about
compressor break-in period duration, control set points, optional
motor/drive kits and associated settings, and any other additional
testing instructions. DOE proposed to add these new provisions when
certifying to NSenCOP in 10 CFR 429.43(b)(4)(viii)(B). Id.
In the September 2023 CCE NOPR, DOE noted that the proposed
certification requirements provide further direction to the existing
requirements and would not result in significant additional burden for
manufacturers. DOE observed that where it identifies specific test-
related information, the relevant information is already collected by
or available to the manufacturer, and as such, reporting that
information to DOE would result in minimal additional burden. DOE
requested comments on its proposal. Id.
AHRI supported DOE's proposed supplemental testing instructions
requirements for CRACs when certifying compliance with NSenCOP
standards. (AHRI, No. 18 at p. 8)
For the reasons discussed in the preceding paragraphs and the
September 2023 CCE NOPR, DOE is adopting the amendments related to the
supplemental testing instructions for CRACs as proposed in the
September 2023 CCE NOPR.
c. Certification of Model Numbers for Split Systems
DOE's current certification reporting requirements for CRACs at 10
CFR 429.43(b)(2)(ix) do not specify the model numbers that the
manufacturer must certify. Specifically, for split systems, the current
regulations do not explicitly require certification of both the outdoor
and indoor unit model numbers. Therefore, in the September 2023 CCE
NOPR, DOE proposed at 10 CFR 429.43(b)(6) to clarify that the
manufacturer must certify individual model numbers for both the indoor
unit and the outdoor unit. 88 FR 67458, 67475. DOE requested comment on
this proposed requirement. Id.
AHRI commented that it did not object to DOE's proposal to require
the reporting of both indoor unit and outdoor unit individual model
numbers for split-system CRACs, because while not explicitly stated in
the regulation, AHRI certification for CRACs is for matched split
systems. (AHRI, No. 18 at p. 8; AHRI, Public Meeting, No. 6 at pp. 23-
24) During the NOPR public meeting, AHRI sought additional information
about how individual condensing units for such products may be
distributed in the market. AHRI noted that for residential CAC/HPs,
there are specific provisions for outdoor units with no match, but it
does not seem that there would be a similar testing requirement for
CRACs. (AHRI, Public Meeting Transcript, No. 6 at pp. 23-24)
In response, DOE notes that the Federal test procedure for CRACs
does not include any test provisions specific to outdoor units with no
match. As such, DOE is not adopting any CRAC certification provisions
specific to outdoor units with no match.
For the reasons discussed, DOE is adopting the amendments to split-
system model number reporting requirements as proposed in the September
2023 CCE NOPR.
d. AEDM Tolerance for NSenCOP
DOE's existing testing regulations allow the use of an AEDM in lieu
of testing to simulate the efficiency of CRACs. 10 CFR 429.43(a). For
models certified with an AEDM, results from DOE verification tests are
subject to certain tolerances when compared to certified ratings.
Currently, DOE specifies a 5-percent tolerance for CRAC verification
tests for SCOP, identical to the current tolerance specified for
single-point metrics (i.e., EER and COP) for other categories of
commercial air conditioners and heat pumps. See table 2 to paragraph
(c)(5)(vi)(B) at 10 CFR 429.70. In alignment with the tolerance
specified for SCOP, DOE proposed to specify a tolerance of 5 percent
for CRAC verification tests for NSenCOP in the September 2023 CCE NOPR.
88 FR 67458, 67475. DOE requested comment on the proposed AEDM
tolerance. Id.
During the NOPR public meeting, AHRI asked whether the tolerance of
5 percent added to the AEDM was consistent with other commercial
products. (AHRI, Public Meeting Transcript, No. 6 at p. 26) DOE
clarified that the AEDM tolerance for CRACs of 5 percent is consistent
with other commercial products. (DOE, Public Meeting Transcript, No. 6
at p. 26) Subsequently, AHRI commented that it does not have any
objection to DOE's proposal to specify a tolerance of 5 percent for
CRAC verification tests for NSenCOP. (AHRI, No. 18 at p. 8)
For the reasons discussed, DOE is adopting the 5-percent tolerance
to the AEDM for CRACs as proposed in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR, DOE proposed to align CRAC
certification reporting requirements with the amended energy
conservation standards in the June 2023 CRACs Final Rule. 88 FR 67458,
67475.
In the September 2023 CCE NOPR, DOE tentatively determined that the
proposed amendments would not impose additional costs for manufacturers
because manufacturers of CRACs are already submitting certification
reports to DOE and should have readily available the information that
DOE was proposing to collect as part of this rulemaking. Id. DOE stated
that it did not believe the revised reporting requirements would cause
any appreciable change in reporting burden or hours as compared to what
CRACs manufacturers are currently doing, and the Department requested
comment on this tentative conclusion. Id.
AHRI commented that DOE has understated its estimate of
certification reporting costs for the proposed CRAC amendments. On this
point, the commenter argued that the scope of regulated equipment more
than doubled with amended energy conservation standards established in
the June 2023 CRACs Final Rule. Thus, AHRI stated that even with the
proposed adoption of AEDMs, which AHRI supports, there is a substantial
increase in burden that should be acknowledged. (AHRI, No. 18 at p. 8)
In response, DOE notes that AHRI did not provide any data or
detailed explanation to support their claim of increased costs to
manufacturers related to reporting. DOE estimated the burden associated
with implementing amended energy conservation standards in the June
2023 CRACs Final Rule. As such, in this rulemaking, DOE is estimating
[[Page 82026]]
the burden associated only with certifying compliance to the amended
standards. Because manufacturers are already required to submit
certification reports pertaining to CRACs, DOE does not expect any
additional burden to certify compliance with the amended reporting
requirements, even with expanded coverage of CRACs. Based on the
preceding rationale and the discussion in the September 2023 CCE NOPR,
DOE makes a final determination that these amendments would not cause
any measurable change in reporting burden or hours as compared to what
CRACs manufacturers are currently doing today.
For the reasons discussed in the preceding paragraphs, in this
final rule, DOE is adopting the reporting requirements for CRACs as
proposed in the September 2023 CCE NOPR. Compliance with these amended
reporting requirements is required 210 days after publication of this
final rule.
J. Direct Expansion-Dedicated Outdoor Air Systems
DOE is establishing reporting requirements for DX-DOASes. DOE
defines ``direct expansion-dedicated outdoor air system'' as a basic
model of commercial package air-conditioning and heating equipment
(packaged or split) that is a unitary dedicated outdoor air system \24\
that is capable of dehumidifying air to a 55 [deg]F dew point--when
operating under Standard Rating Condition A as specified in Table 4 or
Table 5 of AHRI 920 (I-P)-2020, ``2020 Standard for Performance Rating
of DX-Dedicated Outdoor Air System Units, with Addendum 1'' (``AHRI
920-2020'') with a barometric pressure of 29.92 in Hg--for any part of
the range of airflow rates advertised in manufacturer materials, and
has a moisture removal capacity of less than 324 pounds per hour (``lb/
h''). 10 CFR 431.92. In a final rule published in the Federal Register
on November 1, 2022 (``November 2022 DX-DOAS Final Rule''), DOE adopted
energy conservation standards for DX-DOASes. 87 FR 65651. Consistent
with that final rule, DOE is establishing reporting requirements for
DX-DOASes.
---------------------------------------------------------------------------
\24\ DOE defines ``unitary dedicated outdoor air system'' as a
category of small, large, or very large commercial package air-
conditioning and heating equipment that is capable of providing
ventilation and conditioning of 100-percent outdoor air and is
marketed in materials (including but not limited to, specification
sheets, insert sheets, and online materials) as having such
capability.
---------------------------------------------------------------------------
1. Reporting
Prior to the adoption of energy conservation standards in the
November 2022 DX-DOAS Final Rule, there were no energy conservation
standards for DX-DOASes in 10 CFR 431.97, nor were there reporting
requirements for this equipment in 10 CFR 429.43.\25\ Because DOE has
now adopted energy conservation standards for DX-DOASes, DOE is
establishing reporting requirements in alignment with the standards
adopted in the November 2022 DX-DOAS Final Rule. DOE discusses these
reporting requirements in the following sections.
---------------------------------------------------------------------------
\25\ In the November 2022 DX-DOAS Final Rule, DOE adopted a
requirement in 10 CFR 429.43(a)(3)(i) that the represented value of
moisture removal capacity (``MRC'') be either between 95 and 100
percent of the mean of the measured capacities of the units in the
selected sample rounded to the nearest lb/hr multiple using the same
values as in Table 3 of AHRI 920-2020 or the MRC output simulated by
an AEDM rounded to the nearest lb/hr multiple using the same values
as in Table 3 of AHRI 920-2020. 87 FR 65651, 65658, 65667 (Nov. 1,
2022).
---------------------------------------------------------------------------
a. Addition of Certification Requirements To Include the New Metrics
ISMRE2 and ISCOP2
In the September 2023 NOPR, DOE proposed certification requirements
for certifying compliance with the new energy conservation standards
for DX-DOAS, expressed in terms of integrated seasonal moisture removal
efficiency 2 (``ISMRE2'') and integrated seasonal coefficient of
performance 2 (``ISCOP2''), as adopted in the November 2022 DX-DOAS
Final Rule. 88 FR 67458, 67475. Specifically, DOE proposed to add a new
section 10 CFR 429.43(b)(2)(xi)(A) and to require the following when
certifying compliance with an ISMRE2 standard: the ISMRE2 in lb/kWh,
the rated moisture removal capacity at Standard Rating Condition A
according to AHRI 920-2020 (MRC in lb/h), and the rated supply airflow
rate for 100 percent outdoor air applications (QSA in
standard cubic feet per minute). Id. DOE noted that the moisture
removal capacity is used for certifying compliance and the rated supply
airflow rate must be specified to determine how to test a basic model
according to the DOE test procedure at appendix B to subpart F of 10
CFR part 431. Id.
Additionally, DOE proposed to require the following at 10 CFR
429.43(b)(2)(xi)(B) when certifying compliance with an ISCOP2 standard
in addition to an ISMRE2 standard: \26\ the ISCOP2 in watts of heating
per watts of power input (``W/W''). Id.
---------------------------------------------------------------------------
\26\ Certification and compliance with both the applicable
ISCOP2 and ISMRE2 standards are required for the air-source heat
pump and water-source heat pump DX-DOAS equipment classes.
---------------------------------------------------------------------------
DOE also proposed at 10 CFR 429.43(b)(2)(xi)(C) to require the
configuration of the basic model number (i.e., ``single-package'' or
``split system'') to be reported. Id.
DOE proposed to include these certification provisions for DX-
DOASes in 10 CFR 429.43(b), consistent with other commercial HVAC
equipment. As a result, DOE noted in the September 2023 CCE NOPR that
the general requirements applicable to certification reports outlined
in 10 CFR 429.12 would apply to DX-DOASes, as currently outlined in the
existing reporting requirements for commercial HVAC equipment at 10 CFR
429.43(b)(1). Id.
DOE sought comment on requiring the reporting of ISMRE2 and ISCOP2
to certify compliance with the standards applicable to DX-DOASes
manufactured on or after May 1, 2024. 88 FR 67458, 67476. DOE also
sought comment on reporting rated moisture removal capacity and rated
supply airflow rate. Id. at 88 FR 67476.
AHRI supported the reporting of ISMRE2 and ISCOP2 to certify
compliance with the energy conservation standards applicable to DX-
DOASes, but requested DOE consider exercising its enforcement
discretion to delay until January 1, 2025 enforcement for R-410A models
manufactured on or after May 1, 2024. AHRI explained that the U.S.
Environmental Protection Agency's (``EPA's'') Technology Transitions
rule prohibiting the manufacture, import, or installation of
residential and light CAC/HPs (including DX-DOASes) using refrigerant
with GWPs of >=700 on or after January 1, 2025 means that AHRI does not
expect any R-410A packaged equipment to be installed after that date.
AHRI commented that DX-DOAS are tested in the same chambers as HVAC
equipment that is undergoing necessary testing with new low-GWP
refrigerants, and occupying test chambers with R-410A equipment that
will only be sold for a few months is burdensome and unnecessary. AHRI
added that any low-GWP DX-DOAS equipment manufactured and offered for
sale after May 1, 2024 should be listed on time. AHRI pointed out that
third-party test laboratories have been significantly delayed making
necessary upgrades that allow for testing of DX-DOAS over 10 tons with
energy recovery ventilators using ``Option 1,'' or direct testing as
steam generators are required in the psychrometric chambers to test the
DX-DOAS's moisture removal capability. AHRI commented it has been
assured that the upgrades to the larger test chamber (that can
accommodate units over 10 tons) will be made by the end of 2023;
however, this upgrade was originally slated for the beginning of
[[Page 82027]]
2023. AHRI commented that prioritizing the low-GWP DX-DOAS equipment
testing would be the best use of limited testing resources. AHRI added
that it supports DOE's proposals regarding reporting rated moisture
removal capacity and rated supply airflow rate. (AHRI, No. 18 at pp. 8-
9)
In response, the Department notes that DOE's testing regulations
allow the use of an AEDM, in lieu of testing, to simulate the
efficiency of DX-DOASes. 10 CFR 429.43(a). As a result, DOE notes that
manufacturers may use AEDMs that are refrigerant agnostic to certify
equipment to alleviate testing burdens. For these reasons, DOE is
declining to delay enforcement of standards applicable to DX-DOASes for
models that use R-410A until January 1, 2025, as requested by AHRI.
ASAP et al. commented by providing the following suggested
editorial change to the regulatory text proposed in the September 2023
CCE NOPR at 10 CFR 429.43(b)(2)(xi)(A): removing the word ``rate'' from
``the rated supply airflow rate for 100% outdoor air applications.''
(ASAP et al., No. 14 at p. 4)
DOE notes that the terminology ``airflow rate'' is used throughout
AHRI 920-2020,\27\ which is the industry test standard adopted by
reference in the DOE test procedure for DX-DOASes. As a result, to
prevent confusion and to maintain consistency with the prevailing
industry test standard, DOE is maintaining this language as proposed.
---------------------------------------------------------------------------
\27\ AHRI 920 (I-P) and 921 (SI): Performance Rating of Direct
Expansion-Dedicated Outdoor Air System Units.
---------------------------------------------------------------------------
Accordingly, for the reasons discussed in the preceding paragraphs
and the September 2023 CCE NOPR, DOE is adopting reporting
requirements, as proposed in the September 2023 CCE NOPR, for
certifying compliance with the new energy conservation standards for
DX-DOASes.
b. Reporting Requirements for DX-DOASes With Ventilation Energy
Recovery Systems
In the November 2022 DX-DOAS Final Rule, DOE adopted product-
specific enforcement provisions for DX-DOASes in 10 CFR 429.134(s) in
addition to the revised energy conservation standards. These
enforcement provisions specify how DOE would determine the ISMRE2 and
ISCOP2 values when conducting enforcement testing for DX-DOASes with
Ventilation Energy Recovery Systems (``VERS''). As outlined in 10 CFR
429.134(s)(2)-(3), these provisions rely on values of VERS performance
certified to DOE as the basis for determining the ISMRE2 and/or ISCOP2
of the basic model being tested in some scenarios.
To inform DOE's enforcement testing, in the September 2023 CCE
NOPR, DOE proposed additional non-public certification reporting
requirements for DX-DOASes with VERS in new subparagraph 10 CFR
429.43(b)(3)(iii). 88 FR 67458, 67476. In the September 2023 CCE NOPR,
DOE noted that these reporting requirements would include the method of
determination of the exhaust air transfer ratio (``EATR''), sensible
effectiveness, latent effectiveness of the ventilation energy recovery
system (name and version of certified performance modeling software or
if the device was directly tested), the test method (i.e., Option 1 or
Option 2) for units rated based on testing, and motor control settings
(including rotational speed) for energy recovery wheels--all of which
would be used by DOE to determine ISMRE2 and/or ISCOP2 for enforcement
testing and would be considered non-public information if adopted. DOE
requested comment on its proposal to include reporting requirements for
DX-DOASes with VERS. Id.
AHRI commented that it does not object to DOE's proposal to include
reporting requirements for DX-DOASes with ventilation energy recovery
systems. (AHRI, No. 18 at p. 9)
ASAP et al. commented by providing the following suggested
editorial change to the regulatory text proposed in the September 2023
CCE NOPR at 10 CFR 429.43(b)(2)(xi)(C)(3): moving the text ``(name and
version of certified performance modeling software or if the device was
directly tested)'' after the word ``EATR,'' which would, therefore, not
include the sensible and latent effectiveness of the ventilation energy
recovery system within the ambit of that parenthetical. (ASAP et al.,
No. 14 at pp. 4-5)
In response, DOE notes that EATR, sensible effectiveness, and
latent effectiveness values are all determined through either a
certified performance modeling software or through direct testing. DOE
maintains that it would be appropriate to obtain the requested
information for all three of these parameters, because verification and
enforcement testing for DX-DOAS with VERS would otherwise require both
verification of the VERS performance and testing of the DX-DOAS model
utilizing the VERS, which would add significant burden to DOE testing
that is inconsistent with manufacturer testing, and which is expected
for nearly all models to be based on calculation of these values rather
than separate testing of VERS. As a result, DOE is not changing the
regulatory text as suggested by ASAP et al.
Accordingly, for the reasons discussed in the preceding paragraphs
and the September 2023 CCE NOPR, DOE is adopting the reporting
requirements for DX-DOASes with VERS as proposed in the September 2023
CCE NOPR.
c. Supplemental Testing Instructions
Currently, manufacturers of other covered commercial HVAC equipment
types must submit in PDF format supplemental information regarding
additional testing instructions, if applicable, and they must also
specify which, if any, special features were included in rating the
basic model. 10 CFR 429.43(b)(4). The supplemental information
submitted in PDF format allows for third-party testing of equipment.
Consistent with other commercial HVAC equipment types, in the September
2023 CCE NOPR, DOE proposed to specify information required in
supplemental testing instructions submitted in PDF format for DX-DOASes
to enable independent testing of the relevant equipment and to align
with the corresponding requirements for CUACs, where appropriate. 88 FR
67458, 67476.
Specifically, for all DX-DOASes, DOE proposed at 10 CFR
429.43(b)(4)(x)(A) the following content requirements for the
supplemental instructions PDF attachment: water flow rate in gallons
per minute (``gpm'') for water-cooled and water-source units, rated
external static pressure (``ESP'') in inches of water column for the
supply air stream, frequency or control set points for variable speed
components (e.g., compressors, Variable Frequency Drives (``VFDs'')),
required dip switch/control settings for step or variable components
(e.g., reheat or head pressure control valves), a statement as to
whether the model will operate at test conditions without manufacturer
programming, and any additional testing instructions specified in
appendix B to subpart F of part 431, if applicable (e.g., supply air
dry-bulb temperatures for ISMRE2 tests, equipment settings for airflow,
installation priority for split-system units, defrost control settings
for air-source heat pump units, compressor break-in period, or
condenser head pressure controls). Id. Additionally, if a variety of
motors/drive kits are offered for sale as options in the basic model to
account for varying installation requirements, DOE proposed that the
supplemental file also include the model number, the specifications of
the
[[Page 82028]]
motor (including efficiency, horsepower, open/closed, and number of
poles) and the drive kit (including settings) associated with that
specific motor that were used to determine the certified rating. Id.
For DX-DOASes with VERS, DOE proposed at 10 CFR 429.43(b)(4)(x)(B)
the following additional content requirements for the supplemental
instruction PDF attachment: rated ESP in inches of water column for the
return air stream, exhaust air transfer ratio at the rated supply
airflow rate and a neutral pressure difference between return and
supply airflow (EATR as a percent value), sensible and latent
effectiveness of the ventilation energy recovery system at 75 percent
of the nominal supply airflow and zero pressure differential in
accordance with the DOE test procedure in appendix B to subpart F of
part 431 of this chapter, sensible and latent effectiveness of the
ventilation energy recovery system at 100 percent of the nominal supply
airflow and zero pressure differential in accordance with the DOE test
procedure in appendix B to subpart F of part 431 of this chapter, and
any additional testing instructions, if applicable (e.g., deactivation
of VERS or VERS bypass in accordance with appendix B to subpart F or
part 431 of this chapter). Id.
DOE requested comment on its proposal to require supplemental
testing instruction file contents for DX-DOASes. Id.
AHRI commented that DOE's proposal to require supplemental testing
instruction file contents for DX-DOASes is reasonable. (AHRI, No. 18 at
p. 9)
Accordingly, for the reasons discussed, DOE is adopting the
supplemental testing instruction file contents for DX-DOASes as
proposed in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR, DOE noted that the addition of
reporting requirements for DX-DOASes would newly require manufacturers
to report this information. 88 FR 67458, 67476. DOE discussed the
reporting cost impacts corresponding to the proposal in the September
2023 CCE NOPR in section IV.C of that document. Id. at 88 FR 67494-
67495.
AHRI commented that, as with CRACs, DOE's estimation of the burden
of new reporting requirements for DX-DOASes, while necessary, is
understated. (AHRI, No. 18 at p. 9)
In response, DOE notes that its estimated burden of new reporting
requirements for DX-DOASes pertains only to completing and submitting
the certification reports. The burden associated with implementing new
standards was considered in the November 2022 DX-DOAS Final Rule. In
the absence of additional data or information from AHRI regarding cost
or time estimates pertaining to complying with the certification
requirements for DX-DOASes, DOE has maintained its methodology to
estimate the burden from the September 2023 CCE NOPR, while updating
costs to reflect current values.
Costs associated with the new reporting requirements for DX-DOASes
are discussed in section IV.C of this document. Compliance with these
reporting requirements is required 210 days after publication of this
final rule.
K. Air-Cooled, Three-Phase, Small Commercial Package Air Conditioners
and Heat Pumps With a Cooling Capacity of Less Than 65,000 Btu/h and
Air-Cooled, Three-Phase, Variable Refrigerant Flow Air Conditioners and
Heat Pumps With a Cooling Capacity of Less Than 65,000 Btu/h
DOE is amending the reporting requirements for three-phase, less
than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000
Btu/h VRF. Three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and
three-phase, less than 65,000 Btu/h VRF are both categories of small
commercial package air conditioning and heating equipment. Commercial
package air-conditioning and heating equipment may be air cooled, water
cooled, evaporatively cooled, or water source based (not including
ground water source). This equipment is electrically operated and
designed as unitary central air conditioners or central air
conditioning heat pumps for use in commercial applications. 10 CFR
431.92.
In a final rule published on June 2, 2023 (``June 2023 3-Phase
Final Rule''), DOE amended energy conservation standards for three-
phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less
than 65,000 Btu/h VRF to be in terms of the new cooling and heating
metrics, SEER2 and HSPF2, respectively, as determined by using the new
test procedure at appendix F1 to subpart F of 10 CFR part 431. 88 FR
36368. Consistent with that final rule, DOE is amending the reporting
requirements for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs
and three-phase, less than 65,000 Btu/h VRF.
1. Reporting
Under the existing requirements in 10 CFR 429.67(f)(2)(i) and (ii)
for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs,
manufacturers must report the seasonal energy efficiency ratio
(``SEER'') in British thermal units per Watt-hour (``Btu/Wh''), the
rated cooling capacity in Btu/h, and (for heat pumps) the heating
seasonal performance factor (``HSPF'') in Btu/Wh.
Under the existing requirements in 10 CFR 429.67(f)(2)(iii) and
(iv) for three-phase, less than 65,000 Btu/h VRF, manufacturers must
report the SEER in Btu/Wh, rated cooling capacity in Btu/h, and (for
heat pumps) the HSPF in Btu/Wh.
These requirements provide for certifying compliance with the
standards applicable to three-phase, less than 65,000 Btu/h ACUACs and
ACUHPs manufactured on or after January 1, 2017, and the standards
applicable to three-phase, less than 65,000 Btu/h VRF manufactured on
or after June 16, 2008. 88 FR 36368, 36389. DOE is updating these
reporting requirements to align with the amended standards adopted by
the June 2023 3-Phase Final Rule that apply to three-phase, less than
65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h
VRF manufactured on or after January 1, 2025. See id. Additionally, DOE
is specifying general certification requirements for three-phase, less
than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000
Btu/h VRF. DOE discusses these updates in the sections as follows.
a. Updating the Certification Requirements To Include the New Metrics,
SEER2 and HSPF2
In the June 2023 3-Phase Final Rule, DOE amended energy
conservation standards for three-phase, less than 65,000 Btu/h ACUACs
and ACUHPs and three-phase, less than 65,000 Btu/h VRF to be in terms
of the new cooling and heating metrics, SEER2 and HSPF2. Id.
Accordingly, in the September 2023 CCE NOPR, DOE proposed to update the
certification requirements at 10 CFR 429.67(f)(2) to include ratings in
terms of SEER2 and HSPF2, which would become the required reporting
metrics upon the compliance date of the amended standards. 88 FR 67458,
67477. Manufacturers may use appendix F1 to certify compliance with the
amended standards based on SEER2 and HSPF2 prior to the applicable
compliance date for the amended energy conservation standards. DOE
requested comment on its proposal to require the reporting of new
metrics, such as SEER2 and HSPF2. Id.
AHRI and Carrier supported DOE's proposal to require the reporting
of new metrics, such as SEER2 and HSPF2.
[[Page 82029]]
(AHRI, No. 18 at p. 9; Carrier, No. 12 at p. 3)
ASAP et al. commented providing the following editorial correction
to the regulatory text proposed in the September 2023 CCE NOPR at 10
CFR 429.67(f)(3)(i): replacing the text ``rated static pressure in
inches of water'' with ``rated external static pressure in inches of
water.'' (ASAP et al., No. 14 at p. 5)
DOE agrees that replacing the text ``rated static pressure'' with
``rated external static pressure'' is a helpful clarification and
better represents the intent of the proposal in the September 2023 CCE
NOPR. DOE has also determined that this clarification is appropriate in
one instance at 10 CFR 429.67(f)(3)(ii) as well.
For the reasons discussed in the preceding paragraphs and the
September 2023 CCE NOPR, in this final rule, DOE is adopting these
updates as proposed in the September 2023 CCE NOPR with the additional
clarification as recommended by commenters.
b. Aligning Basic Model Number and Individual Model Number(s) Reporting
Requirements With Single-Phase Products
In the September 2023 CCE NOPR, DOE proposed to include additional
instructions regarding the basic model number and individual model
number(s) required to be reported under 10 CFR 429.12(b)(6). 88 FR
67458, 67477. DOE noted in the September 2023 CCE NOPR that this
proposal is consistent with the requirement for single-phase products
and represents readily available information to the manufacturer
regarding the requirements for three-phase equipment. Id. DOE requested
comment on the proposed model number reporting requirements. Id.
Specifically, DOE noted that it would require in new subparagraph
10 CFR 429.67(f)(4) that the basic model number and individual model
number(s) reported under 10 CFR 429.12(b)(6) consist of the following:
----------------------------------------------------------------------------------------------------------------
Individual model number(s)
Equipment type Basic model number -----------------------------------------------------------
1 2 3
----------------------------------------------------------------------------------------------------------------
Single-Package (including Space- Number unique to Package........... N/A............... N/A.
Constrained). the basic model.
Single-Split System (including Number unique to Outdoor Unit...... Indoor Unit....... If applicable--Air
Space-Constrained and SDHV). the basic model. Mover (could be
same as indoor
unit if fan is
part of indoor
unit model
number).
Multi-Split, Multi-Circuit, and Number unique to Outdoor Unit...... When certifying a If applicable--
Multi-Head Mini-Split System the basic model. basic model based When certifying a
(including Space-Constrained on tested basic model based
and SDHV). combination(s): * on tested
* *. combination(s): *
* *.
When certifying an When certifying an
individual individual
combination: Each combination: Each
indoor units air movers paired
paired with the with the outdoor
outdoor unit. unit.
Outdoor Unit with No Match...... Number unique to Outdoor Unit...... N/A............... N/A.
the basic model.
----------------------------------------------------------------------------------------------------------------
DOE did not receive any comments on its proposal to include
additional instructions regarding the basic model number and individual
model number(s) required to be reported under 10 CFR 429.12(b)(6) in
response to the September 2023 CCE NOPR. For the reasons discussed, in
this final rule, DOE is adopting these requirements as proposed in the
September 2023 CCE NOPR.
c. Outdoor Units With No Match
In the September 2023 CCE NOPR, for three-phase, less than 65,000
Btu/h ACUACs and ACUHPs with outdoor units having no matching indoor
component, DOE proposed requiring that supplemental testing
instructions also include any additional testing and testing set up
instructions necessary to operate the basic model under the required
conditions specified by the test procedure in addition to any
supplemental testing instructions used to satisfy the existing
requirement in 10 CFR 429.67(f)(3). Id. Specifically, DOE proposed that
manufacturers must provide information regarding the following
characteristics of the indoor coil: the face area, the coil depth in
the direction of airflow, the fin density (fins per inch), the fin
material, the fin style, the tube diameter, the tube material, and the
numbers of tubes high and deep. Id. DOE noted that this proposed
requirement would be consistent with the 10 CFR 429.16 requirement for
single-phase products, as well as with the test requirements in ASHRAE
90.1-2019, which, in turn, references ANSI/AHRI 210/240, ``2023
Standard for Performance Rating of Unitary Air-conditioning & Air-
source Heat Pump Equipment'' (``ANSI/AHRI 210/240'').\28\ Id.
Therefore, DOE surmised that this information should be readily
available to manufacturers and would not add manufacturer burden. Id.
DOE requested comment on the proposed requirements for outdoor units
with no match. Id.
---------------------------------------------------------------------------
\28\ 2023 Standard for Performance Rating of Unitary Air-
conditioning & Air-source Heat Pump Equipment (``AHRI 210/240-
2023'')
---------------------------------------------------------------------------
DOE did not receive any comments on its proposal to include
supplemental testing and testing setup instructions necessary to
operate the basic model under the required conditions specified by the
test procedure. For the reasons discussed in the preceding paragraphs
and the September 2023 CCE NOPR, in this final rule, DOE is adopting
these requirements as proposed in the September 2023 CCE NOPR.
d. Sampling Corrections
Currently, DOE's sampling provisions for three-phase, less than
65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h
VRF state that any represented value of cooling capacity and heating
capacity must each be a self-declared value that is less than or equal
to the lower of the mean of the sample, or the lower 90 percent
confidence limit of the true mean (``LCL'') divided by 0.95. 10 CFR
429.67(c)(2)(ii)(A)(2). The sampling provisions also state that the LCL
should be calculated using the Student's t-Distribution Values for a 90
percent one-tailed confidence interval with n-1 degrees of freedom from
appendix D to subpart B of part 429, where ``n'' is the number of
samples. Id. However, the
[[Page 82030]]
appendix containing Student's t-Distribution Values has moved to
appendix A to subpart B of part 429. To correct this discrepancy, in
the September 2023 CCE NOPR, DOE proposed to revise 10 CFR
429.67(c)(2)(ii)(A)(2) to specify that the LCL should be calculated
using the Student's t-Distribution Values for a 90 percent one-tailed
confidence interval outlined in appendix A and requested comment on its
proposal. Id. at 88 FR 67477-67478. DOE requested comment on the
proposed sampling corrections. Id.
AHRI and Carrier supported DOE's proposal to correct the sampling
provisions for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs
and three-phase, less than 65,000 Btu/h VRF to reference appendix A.
(AHRI, No. 18 at p. 9; Carrier, No. 12 at p. 3)
For the reasons discussed, in this final rule, DOE is amending this
requirement as proposed in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR, DOE proposed to align the three-
phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less
than 65,000 Btu/h VRF certification reporting requirements with the
amended standards adopted by the June 2023 3-Phase Final Rule that
apply to products manufactured on or after January 1, 2025. 88 FR
67458, 67478.
DOE proposed that for three-phase, less than 65,000 Btu/h ACUACs
and three-phase, less than 65,000 Btu/h VRF air conditioners, while
manufacturers currently report SEER in Btu/Wh and rated cooling
capacity in Btu/h, manufacturers would report SEER2 in Btu/Wh in lieu
of SEER under the amended standards. Id. DOE proposed for three-phase,
less than 65,000 Btu/h ACUHPs and three-phase, less than 65,000 Btu/h
VRF heat pumps, while manufacturers currently report SEER in Btu/Wh,
HSPF in Btu/Wh, and rated cooling capacity in Btu/h, manufacturers
would be required to report SEER2 in Btu/Wh and HSPF2 in Btu/Wh in lieu
of SEER and HSPF. Id.
In the September 2023 CCE NOPR, DOE tentatively determined that
these proposed amendments would not impose additional costs for
manufacturers because manufacturers of three-phase, less than 65,000
Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h VRF are
already submitting certification reports to DOE and should have readily
available the information that DOE is proposing to collect as part of
the proposed rulemaking. DOE stated that it did not believe the revised
reporting requirements would cause any appreciable change in reporting
burden or hours as compared to what three-phase, less than 65,000 Btu/h
ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h VRF
manufacturers are doing currently, but DOE requested comment on the
certification reporting costs. Id.
DOE did not receive any comments on the certification and reporting
costs associated with the proposed reporting requirements for three-
phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less
than 65,000 Btu/h VRF. In this final rule, DOE makes a final
determination that these amendments to the reporting requirements for
three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase,
less than 65,000 Btu/h VRF would not cause any measurable change in
reporting burden or hours for three-phase, less than 65,000 Btu/h
ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h VRF
manufacturers. Compliance with these reporting requirements is required
210 days after publication of this final rule.
L. Commercial Water Heating Equipment
DOE is amending the reporting requirements for CWHs. EPCA
prescribes energy conservation standards for several classes of CWHs
manufactured on or after January 1, 1994. (42 U.S.C. 6313(a)(5)) DOE
codified these standards in its regulations for CWHs at 10 CFR 431.110.
However, when codifying these standards from EPCA, DOE inadvertently
omitted the standards put in place by EPCA for electric instantaneous
water heaters, which are instantaneous water heaters with a rated input
both greater than 12 kW and not less than 4,000 Btu/h per gallon of
stored water (see 10 CFR 431.102). Therefore, in a final rule published
on October 6, 2023 (``October 2023 CWH Final Rule''), DOE codified
these standards in its regulations at 10 CFR 431.110. 88 FR 69686,
69699.
Consistent with the October 2023 CWH Final Rule, DOE is
establishing reporting requirements for commercial electric
instantaneous water heaters (except for residential-duty commercial
electric instantaneous water heaters for which certification is already
addressed in 10 CFR 429.44).
Additionally, DOE is adding reporting requirements for commercial
electric storage water heaters to ensure that the input rating of all
certified models exceeds the 12 kW threshold as well as the required
ratio of input rate per gallon of stored water that is part of the
definition of electric storage water heaters at 10 CFR 431.102.
1. Reporting
a. Electric Instantaneous Water Heaters
Under the existing requirements in 10 CFR 429.44, manufacturer
certification reports for commercial water heating equipment are not
required to include information about electric instantaneous water
heaters. 10 CFR 429.44(c)(2).
Therefore, for commercial electric instantaneous water heaters of
all storage volumes (except for residential-duty commercial electric
instantaneous water heaters), in the September 2023 CCE NOPR, DOE
proposed to add certification requirements for thermal efficiency,
storage volume, rated input, and whether the storage volume is
determined using a weight-based test (in accordance with 10 CFR
431.106) or the calculation-based method (in accordance with 10 CFR
429.72(e), as discussed in the following paragraph). 88 FR 67458,
67478.
Additionally, for electric instantaneous water heaters with storage
volume greater than or equal to 10 gallons (and thus subject to a
standby loss standard), DOE proposed to require that the following
information be certified to ensure compliance with standby loss
standards and to enable DOE to understand how the standby test was
conducted for each basic model: (1) standby loss, (2) whether the water
heater initiates heating element operation based on a temperature-
controlled call for heating that is internal to the water heater, (3)
whether the water heater includes an integral pump purge functionality,
and (4) the default duration of the pump off delay (for models equipped
with integral pump purge). Id.
DOE also proposed to allow use of a calculation-based method for
determining the storage volume of electric instantaneous water heaters
that is the same as the method for gas-fired and oil-fired
instantaneous water heaters and hot water supply boilers found at 10
CFR 429.72(e). Id. Furthermore, DOE proposed to clarify that the method
for calculating volume for instantaneous water heaters found at 10 CFR
429.72(e) does not apply to storage-type instantaneous water heaters.
Id.
DOE requested comment on its proposal to require the reporting of
thermal efficiency, storage volume, rated input, and whether the
storage volume is determined using a weight-based test or the
calculation-based method for commercial electric
[[Page 82031]]
instantaneous water heaters of all storage volumes (except for
residential-duty commercial electric instantaneous water heaters). Id.
DOE also sought comment on its proposal to require the reporting of
standby loss, whether the water heater initiates heating element
operation based on a temperature-controlled call for heating that is
internal to the water heater, whether the water heater includes an
integral pump purge functionality, and the default duration of the pump
off delay (for models equipped with integral pump purge) for electric
instantaneous water heaters with storage volume greater than or equal
to 10 gallons. Id. Additionally, DOE requested comment on its proposed
calculation-based method for determining storage volume of electric
instantaneous water heaters. Id.
Thermal Efficiency
Rheem commented that the DOE test procedures for commercial
electric instantaneous water heaters at 10 CFR 431 appendix B and 10
CFR 431 appendix D assume a thermal efficiency of 98 percent for
commercial electric instantaneous water heaters, but there is no DOE
test procedure that describes how to measure thermal efficiency. Rheem
recommended that DOE either clarify whether a thermal efficiency of 98
percent can be used for all commercial electric instantaneous water
heaters that use immersed heating elements or remove the thermal
efficiency certification requirement. (Rheem, No. 15 at pp. 4-5; Rheem,
Public Meeting Transcript, No. 6 at p. 36) AHRI opposed the reporting
of thermal efficiency for commercial electric instantaneous water
heaters of all storage volumes because the DOE test procedure for this
equipment assumes a thermal efficiency of 98 percent and does not
include a method for measuring thermal efficiency. AHRI stated that
thermal efficiency is not reported for commercial electric storage
water heaters, and therefore, it should not be required for other
commercial electric equipment. AHRI recommended removing the
requirement to report thermal efficiency for commercial electric
instantaneous water heaters in the reporting template. (AHRI, No. 18 at
p. 10) BWC recommended that thermal efficiency be removed from the
reporting requirements for commercial electric instantaneous water
heaters of all storage volumes as the inclusion of thermal efficiency
does not provide additional meaningful information to DOE or consumers
looking to obtain information about a product's energy performance and
ultimately increases the complexity of the reporting templates, which
could lead to an increase in potential errors in addition to an
increased time burden. (BWC, No. 13 at p. 1)
In response, DOE notes that there are standards in effect for
electric instantaneous water heaters (see 10 CFR 431.110), and,
therefore, manufacturers must certify thermal efficiency to DOE to
ensure compliance. As a result, DOE is adopting its proposal to require
certification of thermal efficiency for electric instantaneous water
heaters. Furthermore, DOE clarifies that for commercial electric
instantaneous water heaters with immersed heating elements,
manufacturers should set the thermal efficiency equal to 98 percent,
consistent with the assumed value in the standby loss calculation of
the DOE test procedure specified in appendix D to subpart G of 10 CFR
part 431. Additionally, in response to BWC's concerns about increased
complexity and the potential for certification errors, DOE will include
a note in the certification template to instruct the user to enter 98
percent in the template's field for the thermal efficiency of electric
instantaneous water heaters.
Storage Volume Less Than 10 Gallons
BWC commented that reporting requirements for commercial electric
instantaneous water heaters with a storage volume less than 10 gallons
should be removed from the reporting template as the October 2023 CWH
Final Rule does not require standby loss to be reported for electric
instantaneous water heaters with a storage volume less than 10 gallons.
(BWC, No. 13 at p. 2) AHRI commented that electric instantaneous water
heaters with storage volumes of less than 10 gallons are not subject to
testing and should therefore be excluded from certification and
reporting requirements. (AHRI, No. 18 at p. 10)
In response to the comments regarding electric instantaneous water
heaters with a storage volume less than 10 gallons, DOE notes that
certification requirements are necessary to ensure that standards are
being met and to determine the appropriate equipment class and
applicable standard(s). Particularly, certification of thermal
efficiency ensures compliance with the minimum standard; rated input
checks would be used to confirm that the input rating of all certified
models exceeds the 12 kW threshold that is part of the definition of
commercial instantaneous water heaters at 10 CFR 431.102, and storage
volume is necessary to determine whether the standby loss standard
applies to the certified model. In addition, the rated input and the
storage volume are used to determine whether a water heater is
instantaneous or storage. Completely removing the certification and
reporting requirements for electric instantaneous water heaters with
storage volume less than 10 gallons would omit information that is
necessary for DOE to confirm the applicable standard. Further, similar
to electric instantaneous water heaters with a storage capacity of 10
or more gallons, DOE will allow for storage volume to be measured and
certified to either the weight-based test or calculation-based method.
Standby Loss
BWC commented that it did not support reporting standby loss based
on the other functional criteria outlined in September 2023 CCE NOPR,
as adding that level of complexity would increase the time-burden to
complete the reporting template according to BWC. (Id.) BWC requested
that DOE clarify why providing this information would inform DOE or
consumers regarding the efficiency of electric instantaneous water
heaters. (BWC, No. 13 at p. 2) Rheem supported DOE's requirement of
reporting standby loss, whether the water heater initiates heating
element operation based on a temperature-controlled call for heating
that is internal to the water heater, whether the water heater includes
an integral pump purge functionality, and the default duration of the
pump off delay (for models equipped with integral pump purge) for
electric instantaneous water heaters with storage volume greater than
or equal to 10 gallons. Rheem stated its understanding is that this
information is necessary to properly perform the test procedure at 10
CFR 431 appendix D for non-storage type instantaneous commercial
electric instantaneous water heaters. (Rheem, No. 15 at p. 6)
As noted previously, energy conservation standards for commercial
electric instantaneous water heaters were updated in the October 2023
CWH Final Rule to reflect the standards already outlined in EPCA, which
include both thermal efficiency standards and standby loss standards.
88 FR 69686. Specifically, EPCA prescribes maximum standby loss
requirements for electric instantaneous water heaters with a storage
volume of 10 gallons or more. (42 U.S.C. 6313(a)(5)(D)-(I)). Thus,
reporting of standby loss is necessary to determine compliance with the
maximum standby loss standards.
Furthermore, in response to BWC's comments, DOE notes that the
reporting of additional functional criteria are
[[Page 82032]]
necessary for DOE to understand how the standby test was conducted for
each basic model. DOE agrees with Rheem that this information is needed
to properly perform the standby loss test procedure. DOE has separate
standby loss tests for internally activated and flow/externally
activated water heaters. Since the call for heating can be internally
activated or flow-activated and remote-sensor based thermostatically
activated (i.e., externally activated), it is necessary for
manufacturers to certify whether the water heater initiates operation
based on a temperature-controlled call for heating that is internal to
the water heater. Within the standby loss test method for flow/
externally activated water heaters, there are separate criteria
depending on whether the water heater is equipped with an integral pump
purge. Thus, certification of whether the water heater includes an
integral pump purge functionality is necessary to understand how the
standby loss test specifically for flow/externally activated water
heaters was conducted. Additionally, the pump delay time impacts the
test time and when the heat exchanger outlet water temperature is
measured. Thus, certification of the default duration of the pump off
delay is necessary for models equipped with an integral pump purge.
Storage Volume Determination Method
BWC commented that it appreciated DOE making the option available
to report either weight-based or calculation-based storage volume for
electric instantaneous water heaters, along with confirmation of which
method was used when reporting. (BWC, No. 13 at p. 2) Rheem commented
that it supports allowing commercial electric instantaneous water
heaters (other than storage-type instantaneous water heaters) to use a
calculation-based method for determining storage volume of electric
instantaneous water heaters. Rheem noted that there are two references
in 10 CFR 429.72 to ``Sec. 429.44(c)(3)(iv)-(vii)'' and that the
second reference should be ``Sec. 429.44(c)(3)(i)-(ii)''. (Rheem, No.
15 at p. 6)
DOE agrees with the comments in support of the weight-based and
calculation-based storage volume determination options and is adopting
the proposal to allow manufacturers to determine electric instantaneous
water heater storage volume using either of these two methods.
Additionally, DOE notes that the reference to ``Sec. 429.44(c)(3)(iv)-
(vii),'' which Rheem suggested should be changed to ``Sec.
429.44(c)(3)(i)-(ii),'' is not necessary and has been removed from the
regulatory text.
Storage Capacity Greater Than 10 Gallons
Rheem recommended that similar to the requirement for commercial
gas-fired and oil-fired instantaneous water heaters at 10 CFR
429.44(c)(2)(iv), DOE should add the requirement to declare ``whether
the water heater includes a storage tank with a storage volume greater
than or equal to 10 gallons (Yes/No)'' to 10 CFR 429.44(c)(2)(vi) for
commercial electric instantaneous water heaters with a storage tank
with storage volume greater than 10 gallons and less than or equal to
140 gallons. Rheem noted that this question appears in the sample
template PDF. (Rheem, No. 15 at p. 5)
DOE agrees that the requirement to declare whether the water heater
includes a storage tank with a storage volume greater than or equal to
10 gallons should be included in 10 CFR 429.44(c)(2)(vi) to align the
certification requirements of commercial electric instantaneous water
heaters more closely with those for commercial gas-fired and oil-fired
instantaneous water heaters. Furthermore, this additional certification
requirement will more clearly enable DOE to understand whether each
basic model meets the definition of a storage-type instantaneous water
heater (as set forth in 10 CFR 431.102). Further, the response to this
question would determine whether testing was conducted according to
appendix B or D to subpart G at 10 CFR part 431. Therefore, DOE is
adopting this requirement in this final rule.
Compliance Date
Rheem commented that it supported DOE requiring the certification
of commercial electric instantaneous water heaters under EPCA. However,
Rheem requested clarification on when certification would be required
and recommended that the certification date be set at the compliance
date of the most recent standards final rule (i.e., October 6, 2026).
(Rheem, No. 15 at p. 4) AHRI commented requesting DOE to clarify when
certification would be required for commercial electric instantaneous
water heaters as the proposal to include reporting for this equipment
is based on the May 19, 2022 proposed rule at 87 FR 30610 (``May 2022
CWH NOPR''), but AHRI noted that there was not any clarity regarding
when compliance would be required. AHRI noted that the October 2023 CWH
Final Rule was published on October 6, 2023, with compliance to the
amended standards required October 6, 2026; however, AHRI noted that
DOE has stated that compliance for commercial electric instantaneous
water heaters has been required since January 1, 1994. (AHRI, No. 18 at
p. 10)
DOE notes that although compliance with the October 2023 amended
commercial water heating standards is required on or after October 6,
2026, compliance with EPCA's standards for electric instantaneous water
heater standards has been required since January 1, 1994. Since the
compliance date for electric instantaneous water heater standards has
passed and DOE does not expect manufacturers to need to conduct
additional testing for these added certification requirements, DOE does
not believe that a compliance date of October 6, 2026 is necessary.
However, DOE recognizes the need for time to adjust to the new
requirements in this final rule after publication and therefore DOE is
requiring compliance of the outlined commercial water heating equipment
210 days after publication of this final rule.
General
Rheem commented that 10 CFR 429.44(c)(2)(vi) describes
certification requirements for unfired hot water storage tanks, but the
proposed requirements for electric instantaneous water heaters were
inserted above this section and the unfired hot water storage tank
section was not renumbered within the regulatory text. (Rheem, No. 15
at p. 4)
DOE notes that the September 2023 CCE NOPR as well as this final
rule include amendatory instructions in the regulatory text for 10 CFR
429.44, which states that paragraph (c)(2)(vi) with requirements for
unfired hot water storage tanks is renumbered as (c)(2)(viii).
b. Electric Storage Water Heaters
For commercial electric storage water heaters, in the September
2023 CCE NOPR, DOE proposed adding a certification requirement for
rated input to ensure that the input rating of all certified models
exceeds the 12 kW threshold that is part of the definition of electric
storage water heaters at 10 CFR 431.102. 88 FR 67458, 67478. DOE
proposed that manufacturers would be required to comply with the
certification requirement beginning on the date of the next annual
filing of certification reports required for CWHs following the
publication of a final
[[Page 82033]]
rule.\29\ Id. DOE sought comment on its proposal to add a requirement
for the reporting of rated input for commercial electric storage water
heaters. Id.
---------------------------------------------------------------------------
\29\ The annual certification report filings for commercial
water heating equipment are due on May 1. See 10 CFR 429.12.
---------------------------------------------------------------------------
BWC stated that it did not support DOE's proposal to add a
requirement for the reporting of rated input for commercial electric
storage water heaters. BWC commented that DOE should include a Yes/No
response in the field looking to confirm an input rating of all
certified models exceeding the 12 kW threshold that is part of the
definition of commercial electric storage water heaters, which it said
would be a practice similar to other reporting requirements for
commercial water heating equipment. (BWC, No. 13 at p. 2) AHRI
commented opposing DOE's proposal to add a requirement for the
reporting of rated input for commercial electric storage water heaters.
AHRI noted that input rate does not impact the efficiency rating but
has the potential to increase the number of basic models by a factor of
at least 10.
Rheem supported requiring the certification of all available input
rates for commercial electric storage water heaters and recommended the
required certification date be set at the compliance date of the most
recent standards final rule (i.e., October 6, 2026). Rheem noted models
that can be manufactured with many different input rates are currently
certified under the same model number, a practice likely due to the
input rate and thermal efficiency not being certified as well as the
small effect that input rate would have on standby loss. Rheem
requested that DOE clarify whether the existing standby loss ratings
for a model can be applied across all input rates that the model will
be required to certify. Rheem also requested DOE to clarify what
constitutes a basic model (i.e., can a basic model include all input
rates with the individual models having different input rates, or will
each input rate require a different basic model). (Rheem, No. 15 at p.
6) ASAP et al. supported the inclusion of input rating as a reporting
requirement for commercial electric storage water heaters. ASAP et al.
noted that this requirement would help ensure that equipment certified
under 10 CFR 429.44 meets the input threshold of 12 kW that is defined
for commercial equipment. (ASAP et al., No. 14 at p. 2)
As noted by commenters, DOE is aware that historically some
manufacturers have certified a range of input capacities under one
model number. DOE has found that in some cases models were incorrectly
categorized as commercial equipment when they were below the threshold
of 12 kW of input necessary to be classified as a commercial water
heater (and instead should have been categorized as a consumer water
heater). Typically, this occurred when the range of inputs available
for the model family extended from below 12 kW to above 12 kW. Thus, in
the September 2023 CCE NOPR, DOE proposed to require certification of
input rate for commercial electric water heaters so that DOE could
verify that the model is correctly categorized. Input rate information
is needed to determine the correct categorization, both for the purpose
of determining whether a model is a consumer product or commercial
equipment and also whether it is instantaneous-type or storage-type
(which is based on the ratio of input rate to stored volume). However,
after considering stakeholder comments, DOE is requiring manufacturers
to certify a ``Yes/No'' for whether the input rate is greater than 12kW
and ``Yes/No'' for whether the ratio of input rate to stored volume is
less than 4,000 Btu/h per gallon of stored water. These requirements
will allow DOE to determine which standards apply to the model
certified while also minimizing burden on manufacturers by not
requiring each input rate to be certified separately. DOE is requiring
compliance of the outlined CWHs certification requirements when
certifying compliance in accordance with the next annual certification
report filing date on or after 210 days after publication of this final
rule.
In response to Rheem's comment on certifying standby loss across
all input rates of a model and what constitutes a basic model, DOE
defines a basic model at 10 CFR 431.102 as all water heaters, hot water
supply boilers, or unfired hot water storage tanks manufactured by one
manufacturer within a single equipment class, having the same primary
energy source (e.g., gas or oil) and that have essentially identical
electrical, physical and functional characteristics that affect energy
efficiency. If a group of individual models meets these criteria they
can be grouped as a single basic model. Specifically with respect to
input rate, if the manufacturer determines that input rate does not
affect energy efficiency, then models with different input rates may be
grouped under a single basic model if they also are in the same
equipment class.
Storage Capacity Greater Than 140 Gallons
AHRI commented that commercial electric storage water heaters
greater than or equal to 140 gallons are not subject to standards but
require confirmation they meet the design requirement of jacket
insulation that is >= R-12.5. AHRI commented there is also no standby
loss testing required for this equipment and details regarding the
input rate are not needed as this is an assigned rating, rather than a
tested value. AHRI commented asking if rather than reporting an input
capacity number, the field response could be Y/N to indicate equipment
class. (AHRI, No. 18 at p. 10) During the NOPR public meeting, AHRI
commented that the draft certification template seemed to suggest that
additional information might be reported for the rated input kilowatt-
hours for capacities greater than 140 gallons and asked if this
requirement was applicable to all products or products less than or
equal to 140 gallons only. (AHRI, Public Meeting Transcript, No. 6 at
pp. 31-34)
Rheem commented that commercial electric storage water heaters are
divided into two groups: less than or equal to 140 gallons and greater
than 140 gallons, but 10 CFR 429.44(c)(2)(iii) does not require the
rated input for commercial water heaters with storage volumes greater
than 140 gallons to always be reported and does not have the
appropriate units for electric equipment. Rheem additionally commented
that the draft certification template states, ``For models with a
storage capacity greater than 140 gallons only, enter the Rated Input
in kilowatts (kW) in the cells below. This should be a decimal number
greater than zero.'' Therefore, Rheem commented that the template only
requires rated input be reported for greater than 140 gallons, which
does not reflect the proposed language in either 10 CFR 429.44(c)(2)(i)
or (iii). (Rheem, No. 15 at pp. 6-7)
Rheem also requested that DOE evaluate whether certification
requirements for ``commercial water heaters and hot water supply
boilers with storage capacity greater than 140 gallons'' at 10 CFR
429.44(c)(2)(iii) should be updated to include units for electric
equipment as well as the units already required for gas and oil-fired
equipment. (Rheem, No. 15 at p. 5)
In response to AHRI's comment, DOE clarifies that commercial
electric storage water heaters greater than or equal to 140 gallons are
required to report standby loss, measured storage volume, and rated
input if the tank surface area is not thermally insulated to R-12.5 or
[[Page 82034]]
more, with the R-value as defined in Sec. 431.102. Therefore, the
rated input requirements will apply to all storage water heater
products, including those greater than 140 gallons, to allow for
verification of correct equipment classification as discussed and the
template will be updated accordingly. In addition, 10 CFR
429.44(c)(2)(iii) is applicable to electric equipment and this final
rule updates the requirements to reflect the correct units, including
standby loss in percent per hour and rated input in kilowatts.
Storage Capacity Terminology
Rheem commented that ``storage capacity'' is used throughout 10 CFR
429.44 when describing the 10- and 140-gallon thresholds, but stated it
is not clear whether rated storage volume or measured storage volume
should be used to make these determinations. Rheem requested that DOE
clarify within 10 CFR 429.44 which volume value should be used. Rheem
stated that its understanding was that measured storage volume is used
for electric water heaters and rated storage volume is used for gas and
oil-fired water heaters and recommended that ``storage capacity'' be
amended to align with the required certification volume. (Rheem, No. 15
at p. 4)
In response to Rheem's comment, DOE clarifies that standards for
gas and oil-fired CWHs are a function of ``rated storage volume'' and
standards for electric CWHs are a function of ``measured storage
volume.'' (See 10 CFR 431.110.) Thus, DOE agrees with Rheem's suggested
approach to specify either measured or rated storage volume, as
applicable based on the fuel type (rated storage volume for gas/oil and
measured storage volume for electric), rather than use the term
``storage capacity.'' This change will clarify the appropriate volume
to use when determining how to apply the thresholds and will align with
standards structure.
Hot Water Supply Boilers
Rheem recommended that DOE clarify whether electric hot water
supply boilers are covered by the energy conservation standards at 10
CFR 431.110(a) and, if so, amend the certification requirements to
include hot water supply boilers in sections 10 CFR 429.44(c)(2)(vi)-
(vii). Rheem commented that a hot water supply boiler is defined as a
packaged boiler at 10 CFR 431.102 and a packaged boiler is defined at
10 CFR 431.82, but neither definition includes a description of the
fuel type; therefore, within the definitions of the CFR, an electric
hot water supply boiler can exist. (Rheem, No. 15 at p. 5)
DOE agrees that the definition for a hot water supply boiler at 10
CFR 431.102 does not specify a fuel type, thus including electric hot
water supply boilers in the definition. However, the inclusion of hot
water supply boiler standards for gas-fired and oil-fired hot water
supply boilers in 10 CFR 431.110(a) stem from their coverage in ASHRAE
90.1. DOE established these standards in a final rule published in
2001, which adopted the standard levels for gas-fired and oil-fired hot
water supply boilers in ASHRAE 90.1-1989. 66 FR 3336. The current
version of ASHRAE 90.1 (i.e., ASHRAE 90.1-2023) still only covers
standards for gas- and oil-fired hot water supply boilers and EPCA does
not prescribe any standards at 42 U.S.C. 4313. Thus, electric hot water
supply boilers are not covered by the standards in 431.110(a) and it is
therefore not necessary to establish certification requirements for
electric hot water supply boilers.
For the reasons discussed in the preceding paragraphs and the
September 2023 CCE NOPR, DOE is adopting the certification reporting
requirements for electric CWH as proposed in the September 2023 CCE
NOPR, with the amendments discussed in the preceding sections.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR, DOE proposed to align the
certification reporting requirements for commercial electric
instantaneous water heaters (except for residential-duty commercial
electric instantaneous water heaters) with the energy conservation
standards for such equipment as required by EPCA, and as codified at 10
CFR 431.110 by the October 2023 CWH Final Rule. 88 FR 69686, 69699.
In the September 2023 CCE NOPR, DOE noted that manufacturers of
commercial electric instantaneous water heaters (except for
residential-duty commercial electric instantaneous water heaters) do
not currently report any information about the performance or
characteristics of such equipment, but would be required to report
thermal efficiency, storage volume, rated input, and whether the
storage volume is determined using a weight-based test (in accordance
with 10 CFR 431.106) or the calculation-based method (in accordance
with 10 CFR 429.72(e)) under the proposals discussed in the September
2023 CCE NOPR. 88 FR 67458, 67479.
Additionally, for electric instantaneous water heaters with storage
volume greater than or equal to 10 gallons (and thus subject to a
standby loss standard), DOE noted that manufacturers would also be
required to report standby loss, whether the water heater initiates
heating element operation based on a temperature-controlled call for
heating that is internal to the water heater, whether the water heater
includes an integral pump purge functionality, and the default duration
of the pump off delay (for models equipped with integral pump purge)
under the proposals of the September 2023 CCE NOPR. Id.
In the September 2023 CCE NOPR, DOE noted that any manufacturer of
commercial electric instantaneous water heaters would be required to
begin submitting certification reports under the proposed reporting
requirements discussed in the September 2023 CCE NOPR. Id. Costs
associated with the proposed updates to reporting requirements were
discussed in section IV.C of the September 2023 CCE NOPR. 88 FR 67458,
67495.
In the September 2023 NOPR, DOE also proposed to amend the
certification reporting requirements for commercial electric storage
water heaters to require manufacturers to report rated input. 88 FR
67458, 67479.
In the September 2023 NOPR, DOE tentatively determined that the
proposed amendments would not impose additional costs for manufacturers
of commercial electric storage water heaters because they are already
submitting certification reports to DOE and should have readily
available the information that DOE is proposing to collect as part of
this rulemaking. Id. DOE stated that it did not believe the revised
reporting requirements would cause any appreciable change in reporting
burden or hours as compared to what commercial electric storage water
heaters manufacturers are currently doing today, but DOE requested
comment on the certification reporting costs. Id.
Rheem commented that it did not expect certification and reporting
costs for commercial electric storage water heaters to increase because
of the proposed requirement to report rated input rate. Rheem commented
that if additional standby loss testing is required, then the testing
and certification costs would be significant. Rheem additionally
commented that for commercial electric instantaneous water heaters, if
DOE requires testing of thermal efficiency, then the certification and
reporting costs would be significant. (Rheem, No. 15 at p. 7)
As discussed previously, the thermal efficiency for electric
instantaneous
[[Page 82035]]
water heaters should be certified as 98 percent as specified in the
standby loss test procedure, which would not require testing.
Additionally, DOE notes that standby loss testing and certification of
electric storage water heaters is already required at 10 CFR
429.44(c)(2)(i) and in some instances 10 CFR 429.44(c)(2)(iii).
In this final rule, DOE makes a final determination that the
amendments to the reporting requirements for electric storage CWHs
would not cause any measurable change in reporting burden or hours for
CWH manufacturers. DOE also makes a final determination that the new
reporting requirements for electric instantaneous CWHs would have an
associated cost which are discussed in section IV.C of this document.
Compliance with the amended reporting requirements for electric
storage CWHs is not required until the next annual certification report
filing date on or after 210 days after publication of this final rule.
Compliance with the new reporting requirements for electric
instantaneous CWHs is required 210 days after publication of this final
rule.
M. Automatic Commercial Ice Makers
DOE is amending the reporting requirements for ACIMs, which are
factory-made assemblies (not necessarily shipped in 1 package) that (1)
consist of a condensing unit and ice-making section operating as an
integrated unit, with means for making and harvesting ice; and (2) may
include means for storing ice, dispensing ice, or storing and
dispensing ice. 10 CFR 431.132. In the November 1, 2022 Automatic
Commercial Ice Maker Test Procedure Final Rule (``November 2022 ACIM
Final Rule''), DOE replaced the terms ``maximum energy use'' and
``maximum condenser water use'' with ``energy use'' and ``condenser
water use,'' respectively, for ACIMs. 87 FR 65856, 56892. Consistent
with that rulemaking, DOE is adopting amendments to the reporting
requirements for ACIMs.
1. Reporting
Under the existing requirements in 10 CFR 429.45, manufacturers
must report maximum energy use in kWh per 100 pounds of ice, maximum
condenser water use in gallons per 100 pounds of ice, harvest rate in
pounds of ice per 24 hours, type of cooling, and equipment type. 10 CFR
429.45(b)(2). These requirements provide for certifying compliance with
the standards applicable to ACIMs manufactured on or after January 28,
2018. 10 CFR 431.136(c) and (d). DOE is updating these requirements and
aligning the reporting requirements with the November 2022 ACIM Final
Rule and adopting general certification requirements for ACIMs. DOE
discusses these updates in the sections as follows.
a. Energy and Water Condenser Use
For ACIMs, the current reporting requirements include maximum
energy use in kWh per 100 pounds of ice and maximum condenser water use
in gallons per 100 pounds of ice. 10 CFR 429.45(b)(2). In the November
2022 ACIM Final Rule, DOE determined that the reference to ``maximum
energy use'' and ``maximum condenser water use'' in 10 CFR 429.45 could
be misinterpreted to refer to the energy and water conservation
standard levels for that basic model (i.e., the maximum allowable
energy and maximum allowable condenser water use), as opposed to the
tested performance. 87 FR 65856, 65891. Therefore, in the November 2022
ACIM Final Rule, for consistency and clarity, DOE replaced the term
``maximum energy use'' with the term ``energy use'' and the term
``maximum condenser water use'' with the term ``condenser water use.''
Id. at 87 FR 65892. In addition, values of both energy and condenser
water consumption are relevant for ACIMs. Id. at 87 FR 65891. As such,
DOE modified the language at 10 CFR 429.45 to specify expressly that
the sampling plan at 10 CFR 429.45(a)(2)(i) applies both to measures of
energy and condenser water use for which consumers would favor lower
values. Id. at 87 FR 65892.
Similarly, 10 CFR 431.132 included a definition for the term
``maximum condenser water use.'' This language may also be
misinterpreted to refer to the condenser water conservation standard
level for a basic model as opposed to the tested condenser water use.
Therefore, in the November 2022 ACIM Final Rule, DOE modified the term
and definition of ``maximum condenser water use'' to instead refer to
the term ``condenser water use.'' Id.
In the November 2022 ACIM Final Rule, DOE did not revise the
reporting requirements in 10 CFR 429.45 to remove the term ``maximum''
and align the requirements with the newly adopted definitions for
``energy use'' and ``condenser water use.'' Id. at 87 FR 65897. As a
result, in the September 2023 CCE NOPR, DOE proposed to update the
reporting requirements to specify ``energy use'' and ``condenser water
use.'' 88 FR 67458, 67479. DOE requested comment on its proposal to
align ACIM reporting requirement terminology with the amended terms.
Id.
AHRI supported DOE's proposal to replace the terms ``maximum energy
use'' and ``maximum condenser water use'' with ``energy use'' and
``condenser water use,'' respectively, for ACIMs. (AHRI, No. 18 at p.
11)
AHAM commented it did not have objections to the proposals in the
September 2023 CCE NOPR concerning reporting requirements for ACIMs as
they are currently defined. However, AHAM restated its objection to
DOE's inclusion of residential icemakers within the scope of the ACIMs
energy conservation standard proposed rulemaking. (AHAM, No. 16 at pp.
5-6; AHAM, Public Meeting Transcript, No. 6 at p. 38) AHAM added that
if DOE does include residential ice makers within the scope of the
ACIMs rulemaking, AHAM may have additional comments on the proposed and
existing reporting requirements and/or the other applicable compliance
and enforcement provisions. (AHAM, No. 16 at pp. 5-6)
DOE acknowledges the comments from AHAM regarding the separate
proposed energy conservation standards rulemaking for ACIMs but notes
that DOE has not established energy conservation standards for low-
capacity ACIMs.
Therefore, DOE is not establishing reporting requirements for this
category of ACIMs but would consider establishing such reporting
requirements if DOE establishes energy conservation standards in the
future. Otherwise, for the reasons discussed in the preceding
paragraphs and the September 2023 CCE NOPR, in this final rule, DOE is
adopting the amendments as proposed in the September 2023 CCE NOPR.
b. Rounding Requirements
DOE currently requires test results for ACIMs to be rounded, as
outlined in the ACIMs test procedure. 10 CFR 431.134(g). However, the
certification requirements in 10 CFR 429.45 do not specify how values
calculated in accordance with 10 CFR 429.45(a) would be rounded for
reporting per 10 CFR 429.45(b). To ensure consistency among ACIM
certification reports, in the September 2023 CCE NOPR, DOE proposed
that any reported values be rounded consistent with the rounding
requirements for individual test results. 88 FR 67458, 67479.
Specifically, DOE proposed to require that reported values be rounded
as follows: energy use to the nearest 0.01 kWh/100 lb, condenser water
use to the nearest gal/100 lb, and harvest rate to the nearest 1 lb/24
h (for ACIMs with harvest rates greater than 50 lb/24 h) or to the
nearest 0.1 lb/24
[[Page 82036]]
h (for ACIMs with harvest rates less than or equal to 50 lb/24 h). Id.
DOE requested comment on its proposal to establish rounding
requirements for ACIMs. Id. at 88 FR 67480.
AHRI commented asking if the draft template column headers and
product codes had been updated to include the new smaller size
categories (i.e., low-capacity ACIMs). AHRI cited directions in the
draft template for the Harvest Rate column to ``Enter the Harvest Rate
in pounds of ice per 24 hours in the cells below. This should be a
decimal number greater than zero.'' and asked if the reported harvest
rate should be 0.1 lb/24 hr for ACIMs with harvest rates less than or
equal to 50 lbs/24 hr and the nearest 1 lb/24 hr for ACIMs with harvest
rates greater than 50 lb/24 h. (AHRI, No. 18 at p. 11)
In response to AHRI's comment, DOE has not established energy
conservation standards for low-capacity ACIMs. Accordingly, DOE is not
establishing specific rounding instructions or product group codes for
certifying compliance for such equipment. DOE would consider
establishing such provisions should DOE establish energy conservation
standards for this equipment in the future.
For the reasons discussed in the preceding paragraphs and the
September 2023 CCE NOPR, in this final rule, DOE is adopting these
amendments as proposed in the September 2023 CCE NOPR, except that DOE
is not establishing rounding requirements for low-capacity ACIMs.
c. Sampling Corrections
DOE's sampling provisions for ACIMs state that any represented
value of energy use, condenser water use, or other measure of
consumption of a basic model for which consumers would favor lower
values shall be greater than or equal to the higher of the mean of the
sample, or the upper 95-percent confidence limit of the true mean
divided by 1.10. 10 CFR 429.45(a)(2). The sampling provisions also
state that the UCL should be calculated using the Student's t-
Distribution Values for Certification Testing for a 95-percent two-
tailed confidence interval with n-1 degrees of freedom from appendix A,
where ``n'' is the number of samples. Id. However, appendix A outlines
Student's t-Distribution Values that are based on a one-tailed
confidence interval, rather than the two-tailed confidence interval
specified in 10 CFR 429.45(a)(2)(ii). To correct this discrepancy, in
the September 2023 CCE NOPR, DOE proposed to revise 10 CFR
429.45(a)(2)(ii) to specify that the UCL should be calculated using the
Student's t-Distribution Values for Certification Testing for a 95-
percent one-tailed confidence interval outlined in appendix A. 88 FR
67458, 67480. DOE requested comment on its proposal to correct the
sampling provisions for ACIMs. Id.
During the NOPR public meeting, AHRI asked if the sampling
provisions would impact any non-efficiency features such as capacity or
bin volume. AHRI also asked if the sampling requirements would impact
manufacturers' ability to rate conservatively. (AHRI, Public Meeting
Transcript, No. 6 at pp. 38-39) AHAM also asked if ``one-sided''
confidence interval was the same as ``one-tailed'' confidence interval
because AHAM had observed that both terms were used interchangeably.
(AHAM, Public Meeting Transcript, No. 6 at p. 40)
In the NOPR public meeting, DOE responded that the intent of the
proposal is for an energy consumption rating, or any rating, for which
consumers would prefer lower values. (DOE, Public Meeting Transcript,
No. 6 at pp. 39-40) A one-tailed interval provides a reasonable
assurance to the consumer that the rating, as determined based on the
tested sample, limits the potential value of rated energy use based on
the test sample. Therefore, it is intended to provide a conservative
rating and does not impact any non-efficiency features. DOE also
confirmed that the ``one-sided'' confidence interval was the same as
``one-tailed'' confidence interval. (Id. at p. 40)
For the reasons discussed in the preceding paragraphs and the
September 2023 CCE NOPR, in this final rule, DOE is adopting these
amendments as proposed in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR, DOE proposed to align ACIM
certification reporting requirements with the amended terms adopted in
the November 2022 ACIM Final Rule. 88 FR 67458, 67480. For ACIMs,
manufacturers currently report maximum energy use and maximum condenser
water use and would report energy use and condenser water use under the
amended requirements, which are substantially similar to the previous
requirement as discussed in the September 2023 CCE NOPR. Id.
In the September 2023 CCE NOPR, DOE tentatively determined that
these proposed amendments would not impose additional costs for
manufacturers because manufacturers of ACIMs are already submitting
certification reports to DOE containing these values and should have
readily available the information that DOE proposed to collect. Id. DOE
stated that it did not believe the revised reporting requirements would
cause any appreciable change in reporting burden or hours as compared
to what ACIM manufacturers are doing currently, but DOE requested
comment on the certification reporting costs. Id.
AHRI commented that the certification reporting amendments proposed
for ACIMs will involve costs to manufacturers and related burden to
report to DOE because products in the new smaller harvest rate
category--below 50 lbs/24 h--are not in the AHRI ACIM Certification
Program. (AHRI, No. 18 at p. 11)
In response to AHRI's comment, as stated previously, DOE is not
establishing certification requirements for low-capacity ACIMs as DOE
has not established energy conservation standards for this equipment
category. Therefore, in this final rule, DOE makes a final
determination that the amendments to the reporting requirements for
ACIMs would not cause any measurable change in reporting burden or
hours for ACIM manufacturers. Compliance with these reporting
requirements is not required until the next annual certification report
filing date on or after 210 days after publication of this final rule.
N. Walk-In Coolers and Freezers
DOE is amending the reporting requirements for walk-in coolers and
walk-in freezers (``walk-ins''), which are enclosed storage spaces
including, but not limited to, panels, doors, and refrigeration system,
refrigerated to temperatures, respectively, above and at or below 32
[deg]F that can be walked into and have a total chilled storage area of
less than 3,000 square feet. The terms ``walk-in cooler'' and ``walk-in
freezer'' do not include products designed and marketed exclusively for
medical, scientific, or research purposes. 10 CFR 431.302. In the test
procedure final rule published on May 4, 2023 (``May 2023 Walk-ins TP
Final Rule''), DOE amended the test procedure provisions for walk-ins.
88 FR 28780. Consistent with the May 2023 Walk-ins TP Final Rule, DOE
is adopting amendments to the reporting requirements in this final
rule.
1. Reporting
Under the existing requirements in 10 CFR 429.53, manufacturers
must report the following public information:
(1) For all walk-in doors: the door type, R-value of the door
insulation, a declaration that the manufacturer has
[[Page 82037]]
incorporated the applicable design requirements, door energy
consumption, and rated surface area in square feet. 10 CFR
429.53(b)(2)(i) and (b)(3)(i).
(2) For walk-in doors with transparent reach-in doors and windows,
the glass type of the doors and windows (e.g., double-pane with heat
reflective treatment, triple-pane glass with gas fill), and the power
draw of the antisweat heater in watts per square foot of door opening.
10 CFR 429.53(b)(i).
(3) For walk-in panels: the insulation R-value. 10 CFR
429.53(b)(ii).
(4) For walk-in refrigeration systems: the installed motor's
function purpose (i.e., evaporator fan motor or condenser fan motor),
its rated horsepower, a declaration that the manufacturer has
incorporated the applicable walk-in-specific design requirements into
the motor, annual walk-in energy factor (``AWEF''), net capacity, the
configuration tested for certification (e.g., condensing unit only,
unit cooler only, single-packaged dedicated system, or matched pair),
and if an indoor dedicated condensing unit is also certified as an
outdoor dedicated condensing unit (and, if so, the basic model number
for the outdoor dedicated condensing unit). 10 CFR 429.53(b)(2)(iii),
(b)(3)(ii), (b)(5).
Under the existing requirements in 10 CFR 429.53, manufacturers
must report the following non-public information for all walk-in doors:
(1) rated power of each light, heater wire, and/or other electricity
consuming device; and (2) whether such device(s) has/have a timer,
control system, or other demand-based control that reduces the device's
power consumption. 10 CFR 429.53(b)(4)(i).
These requirements provide for certifying compliance with the
standards applicable to walk-in doors, panels, and medium temperature
dedicated condensing units (including medium-temperature single-
packaged dedicated systems and matched pairs) manufactured on or after
June 5, 2017 and with the standards applicable to walk-in low-
temperature dedicated condensing units (including low-temperature
single-packaged dedicated systems and matched pairs), low-temperature
unit coolers, and medium-temperature unit coolers manufactured on or
after July 10, 2020. DOE is updating these requirements and aligning
the reporting requirements with the May 2023 Walk-ins TP Final Rule.
DOE discusses these updates in the sections as follows.
a. Combining the Publicly Required Reporting Requirements in 10 CFR
429.53(b)(2), 429.53 (b)(3), and 429.53(b)(5)
The current reporting requirements at 10 CFR 429.53(b) specify
public reporting requirements in three paragraphs--(b)(2), (b)(3), and
(b)(5)--based on whether the reporting requirement was submitted before
or after June 5, 2017. Given this date has passed, in the September
2023 CCE NOPR, DOE proposed to combine the public product-specific
reporting requirements at 10 CFR 429.53(b)(2) and moving the non-public
product-specific reporting requirements from 10 CFR 429.53(b)(4) to 10
CFR 429.53(b)(3). 88 FR 67458, 67480. DOE requested comment on these
proposed changes. Id.
DOE did not receive any comments on its proposal to combine the
public product-specific reporting requirements for walk-ins. For the
reasons discussed in the preceding paragraph and in the September 2023
CCE NOPR, DOE is adopting these amendments as proposed in the September
2023 CCE NOPR.
b. CO2 Systems
DOE has granted waivers to Heat Transfer Products Group, Hussmann,
KeepRite, and RefPlus for an alternate test procedure for specific unit
cooler basic models that utilize CO2 as a refrigerant.\30\
The alternate test procedure provided in these waivers modifies the
test condition values to reflect typical operating conditions for a
transcritical \31\ CO2 booster system. Specifically, the
waiver test procedures require that CO2 unit cooler testing
is conducted at a liquid inlet saturation temperature of 38 [deg]F and
a liquid inlet subcooling temperature of 5 [deg]F.
---------------------------------------------------------------------------
\30\ HTPG Decision and Order, 86 FR 14887 (March 19, 2021);
Hussmann Decision and Order, 86 FR 24606 (May 7, 2021); KeepRite
Decision and Order, 86 FR 24603 (May 7, 2021); RefPlus Interim
Waiver, 86 FR 43633 (Aug. 10, 2021).
\31\ CO2 refrigeration systems are transcritical
because the high-temperature refrigerant that is cooled by ambient
air is in a supercritical state, above the 87.8 [deg]F critical
point temperature, above which the refrigerant cannot exist as
separate vapor and liquid phases.
---------------------------------------------------------------------------
In the May 2023 Walk-ins TP Final Rule, DOE amended appendix C to
include the alternate test conditions specified in the waivers. DOE
also adopted these requirements into the new appendix C1. 88 FR 28780,
28809. Additionally, in the May 2023 Walk-ins TP Final Rule, DOE
defined a ``CO2 unit cooler'' as ``a unit cooler that
includes a nameplate listing only CO2 as an approved
refrigerant.'' 88 FR 28780, 28790.
Accordingly, in the September 2023 CCE NOPR, DOE proposed to amend
the public reporting requirements at 10 CFR 429.53(b)(2)(iii) to
require that manufacturers report whether a given basic model meets the
definition of a CO2 unit cooler as defined in the May 2023
Walk-ins TP Final Rule. 88 FR 67458, 67481 (see also, 10 CFR 431.302).
DOE also proposed that manufacturers would be required to comply with
the reporting requirement beginning on the next certification report
annual filing date required for walk-in components following the
publication of this final rule.\32\ Id. DOE requested comments on its
proposal to require reporting of whether a basic model meets the
definition of a CO2 unit cooler. Id.
---------------------------------------------------------------------------
\32\ The annual certification report filings for walk-ins are
due no later than August 1. See 10 CFR 429.12, Table 1 to paragraph
(d).
---------------------------------------------------------------------------
DOE did not receive any comments on its proposal to require
reporting of whether a basic model meets the definition of a
CO2 unit cooler. For the reasons discussed in the preceding
paragraphs and the September 2023 CCE NOPR, DOE is adopting these
amendments as proposed in the September 2023 CCE NOPR.
DOE did receive comments specific to its proposal regarding
labeling of CO2 unit coolers. These comments are discussed
in section III.N.3.
c. Detachable Single-Packaged Dedicated Systems and Attached Split
Systems
In the May 2023 Walk-ins TP Final Rule, DOE defined a ``detachable
single-packaged dedicated system'' as a system consisting of a
dedicated condensing unit and an insulated evaporator section in which
the evaporator section is designed to be installed external to the
walk-in enclosure and circulating air through the enclosure wall, and
the condensing unit is designed to be installed either attached to the
evaporator section or mounted remotely with a set of refrigerant lines
connecting the two components. 88 FR 28780, 28790. Since detachable
single-packaged dedicated systems have thermal losses similar to those
for single-packaged dedicated systems, DOE adopted the air enthalpy
test method for single-packaged dedicated systems in the May 2023 Walk-
ins TP Final Rule. 88 FR 28780, 28815-28816.
Additionally, DOE defined an ``attached split system'' in the May
2023 Walk-ins TP Final Rule as a matched pair refrigeration system that
is designed to be installed with the evaporator entirely inside the
walk-in enclosure and the condenser entirely outside the walk-in
enclosure, where
[[Page 82038]]
the evaporator and condenser are permanently connected with structural
members extending through the walk-in wall. 88 FR 28780, 28790. DOE has
confirmed through testing that these systems still experience some heat
leakage when compared to traditionally installed systems that have the
dedicated condensing unit and the unit cooler in separate housings.
This heat leakage has not been fully studied, however, so in the May
2023 Walk-ins TP Final Rule, DOE specified that these systems should be
tested as a matched pair using refrigerant enthalpy methods. 88 FR
28780, 28816.
Although both detachable single-packaged dedicated systems and
attached split systems would be considered a ``single-packaged
dedicated system,'' the two would be tested differently. Some of the
previously discussed test procedure waivers specify basic models that
meet the definition of a detachable single-packaged dedicated system or
an attached split system. To ensure appropriate testing and consistent
reporting, it is important that these models be identified during
certification.
Accordingly, in the September 2023 CCE NOPR, DOE proposed to amend
the public reporting requirements at 10 CFR 429.53(b)(2)(iii) to
require that manufacturers report whether a given basic model meets the
definition of a ``detachable single-packaged dedicated system'' or an
``attached split system'' as defined in the May 2023 Walk-ins TP Final
Rule. 88 FR 67458, 67481. DOE also proposed that manufacturers would be
required to comply with the proposed reporting requirement beginning on
the next certification report annual filing date required for walk-in
components following the publication of this final rule and requested
comment on this topic. Id. DOE requested comment on these proposed
requirements. Id.
DOE did not receive any comments on its proposal to require the
reporting of whether a basic model meets the definition of a detachable
single-packaged dedicated system or an attached split system. For the
reasons discussed in the preceding paragraphs and the September 2023
CCE NOPR, DOE is adopting these amendments as proposed in the September
2023 CCE NOPR.
d. Flooded Head Pressure Control
In the May 2023 Walk-ins TP Final Rule, DOE adopted refrigerant
charging provisions for walk-in dedicated condensing systems that use
valves to ``flood'' the condenser with liquid refrigerant to maintain
sufficiently high condensing temperature under cold air temperatures.
88 FR 28780, 28804-28806. Specifically, DOE noted that charging in the
``C'' test condition rather than the ``A'' test condition is
appropriate for dedicated condensing systems (dedicated condensing
units, matched systems, and single-packaged dedicated systems) that use
a flooded condenser design. Id. However, for dedicated condensing
systems that use fan controls to maintain condensing temperature for
low ambient operating conditions, the test procedure specifies charging
at the ``A'' test condition. 88 FR 28780, 28804-28806.
Accordingly, in the September 2023 CCE NOPR, DOE proposed to amend
the non-public reporting requirements at 10 CFR 429.53(b)(3)(ii) \33\
to require that manufacturers report whether a given dedicated
condensing system basic model is sold with flooded head pressure
controls for maintaining condensing temperature at low ambient
temperatures. 88 FR 67458, 67481. DOE also proposed that manufacturers
would be required to comply with the reporting requirement beginning on
the next certification report annual filing date required for walk-in
components following the publication of this final rule and requested
comment on this topic. Id. DOE requested comment on this proposed
requirement. Id.
---------------------------------------------------------------------------
\33\ Note that currently 10 CFR 429.53(b)(3) specifies public
reporting requirements. In this final rule, DOE is revising 10 CFR
429.53(b) such that paragraph (b)(2) specifies the public reporting
requirements and paragraph (b)(3) specifies non-public reporting
requirements.
---------------------------------------------------------------------------
DOE did not receive any comments on its proposal to require the
reporting of whether a dedicated condensing system basic model includes
flooded head pressure controls. For the reasons discussed in the
preceding paragraphs and the September 2023 CCE NOPR, DOE is adopting
these amendments as proposed in the September 2023 CCE NOPR.
e. Compressor Break-In
Although the DOE test procedure for walk-in refrigeration systems
does not require a compressor ``break-in'' period, DOE recognizes that
walk-in refrigeration manufacturers may routinely break-in the
refrigeration system compressor for some time prior to conducting
testing. This break-in period can reduce variation in compressor
performance.
In a CAC/HPs test procedure final rule published June 8, 2016, DOE
noted that the most significant improvements in both compressor
performance and reduction in variation among compressor models occur
during roughly the first 20 hours of run time. 81 FR 36992, 37034.
Ultimately, DOE adopted the provision to limit the optional break-in
period to 20 hours to achieve the most uniform compressor performance
while limiting test burden. Id. DOE additionally included provisions
for manufacturers to have the option to report the use of a break-in
period and its duration as part of the test data underlying their
product certifications, the use of the same break-in period specified
in product certifications for testing conducted by DOE, and the use of
the 20 hours break-in period for products certified using an AEDM. 81
FR 36992, 37033.
Other DOE-regulated equipment (e.g., air-cooled unitary air
conditioners and heat pumps (``CUACs and CUHPs''), DX-DOASes, CRACs,
etc.) include required or optional provisions for compressor break-in
either as part of the test procedure or as a certification option, so
that any potential enforcement testing uses conditions similar to those
used for rating a given unit. Whether required or optional, break-in
duration is limited to a maximum of 20 hours for dedicated outdoor air
supply units, SPVUs, and CUACs.
Accordingly, in the September 2023 CCE NOPR, DOE proposed to amend
the non-public reporting requirements at 10 CFR 429.53(b)(3)(ii) \34\
to provide an option for manufacturers to report the compressor break-
in period, in hours, used to obtain a basic model's certified rating;
however, the break-in duration may not exceed 20 hours in length. 88 FR
67458, 67482. DOE also proposed that manufacturers would be required to
comply with the reporting requirement beginning on the next
certification report annual filing date required for walk-in components
following the publication of this final rule and requested comment on
this topic. Id. DOE requested comment on its proposal to provide an
option for manufacturers to report compressor break-in duration. Id.
---------------------------------------------------------------------------
\34\ Note that currently 10 CFR 429.53(b)(3) specifies public
reporting requirements. In this final rule, DOE revising 10 CFR
429.53(b) such that paragraph (b)(2) specifies public reporting
requirements and paragraph (b)(3) specifies non-public reporting
requirements.
---------------------------------------------------------------------------
DOE did not receive any comments on its proposal to amend the
reporting requirements and provide an option for manufacturers to
report compressor break-in. For the reasons discussed in the preceding
paragraphs and the September 2023 CCE NOPR, DOE is adopting these
amendments as proposed in the September 2023 CCE NOPR.
[[Page 82039]]
f. Supplemental Testing Instructions
As discussed previously, DOE requires manufacturers of covered
commercial HVAC equipment to submit supplemental information regarding
additional testing instructions, if applicable, and they must also
specify which, if any, special features were included to rate a basic
model. DOE also requires supplemental testing instructions from
manufacturers of commercial warm air furnaces (see 10 CFR
429.41(b)(4)), commercial refrigeration equipment (see 10 CFR
429.42(b)(4)), and commercial water heating equipment (see 10 CFR
429.44(c)(4)). The supplemental information submitted in PDF format
provides information to allow for third-party laboratories to complete
a valid test according to the DOE test procedure.
Consistent with its requirements for other commercial equipment, in
the September 2023 CCE NOPR, DOE proposed to require that, if such
information would be needed for a third party to independently run a
valid test, manufacturers must submit supplemental testing instructions
at the time each basic model is certified. 88 FR 67458, 67482.
Supplemental testing instructions for walk-ins might include (but are
not limited to) specific charging instructions, control of fan cycling
at specific test conditions, and type of expansion valve. Consistent
with the supplemental testing instructions DOE has established for
other commercial equipment, DOE noted in the September 2023 CCE NOPR
that any supplemental information for testing walk-ins would need to be
consistent with manufacturer installation instructions associated with
the equipment under test. See section 3.2.6 of appendix C to subpart R
of 10 CFR part 431 and section 3.5.2.4 of appendix C1 to subpart R of
10 CFR part 431. DOE further noted in the September 2023 CCE NOPR that
prior to testing any walk-in refrigeration system basic model under its
enforcement provisions, DOE would determine if supplemental testing
instructions were included with certification of the basic model. If
supplemental testing instructions were included with certification, DOE
would review these instructions and compare them to the manufacturer's
installation instructions. Once DOE has determined that the
supplemental instructions are consistent with the manufacturer's
installation instructions, DOE would instruct the third-party test lab
to incorporate the supplemental testing instructions into its test
plan. 88 FR 67458, 67481.
Under this proposal, DOE noted that manufacturers would need to
provide the complete name of the PDF containing the supplemental
testing instructions as part of the certification report. DOE further
stated in the September 2023 CCE NOPR that if the manufacturer changes
the supplemental testing instructions and as a result changes the file
name, then the manufacturer must update the certification report. Id.
In the September 2023 CCE NOPR, DOE proposed to require that, if
necessary to run a valid test, manufacturers must submit supplemental
testing instructions at the time each basic model is certified. Id. DOE
also proposed that manufacturers would be required to comply with the
reporting requirement beginning on the next certification report annual
filing date required for walk-in components following the publication
of this final rule. Id. DOE requested comment on its proposal to
require, if necessary to run a valid test, supplemental testing
information as a PDF file at the time of certification. Id.
In response to the September 2023 CCE NOPR, AHRI commented that it
did not oppose DOE's proposal to require, if necessary to run a valid
test, supplemental testing information as a PDF file at the time of
certification. (AHRI, No. 18 at p. 11)
For the reasons discussed in the preceding paragraphs and the
September 2023 CCE NOPR, DOE is adopting these amendments as proposed
in the September 2023 CCE NOPR
g. Anti-Sweat Heater Wire With Controls
For walk-ins with transparent reach-in doors, EPCA prescribes
specific ASH-related requirements: (1) walk-ins without anti-sweat
heater controls must have a heater power draw of no more than 7.1 or
3.0 watts per square foot of door opening for freezers and coolers,
respectively; (2) walk-ins with anti-sweat heater controls must either
have a heater power draw of no more than 7.1 or 3.0 watts per square
foot of door opening for freezers and coolers, respectively; or (3) the
anti-sweat heater controls must reduce the energy use of the heater in
a quantity corresponding to the relative humidity of the air outside
the door or to the condensation on the inner glass pane for walk-ins
with more than 7.1 or 3.0 watts of anti-sweat heat per square foot of
door opening for freezers and coolers, respectively. See 42 U.S.C.
6313(f)(3)(C)-(D). These requirements are also codified at 10 CFR
431.306(b)(3)-(4).
The current test procedure assigns percent time off (``PTO'')
values to various walk-in door components, including anti-sweat
heaters, to reflect the hours in a day that an electricity-consuming
device operates at its full rated or certified power. For walk-in
cooler doors with ASH controls, the PTO value is 75 percent and for
walk-in freezer doors with ASH controls, the PTO value is 50 percent.
For doors without ASH controls, the PTO is 0 percent. The test
procedure does not distinguish between types of ASH controls, just the
presence of them.
DOE recognizes that walk-in coolers and freezers may be installed
in a variety of environments, including different geographical climate
zones, different indoor building installations, and even outdoor
installations. Thus, walk-ins may experience a wide variety of ambient
conditions. Consumers looking to purchase walk-in doors with ASH
controls may benefit from publicly available information on the
conditions at which the ASH is activated based on any controls provided
as part of the door.
Additionally, during enforcement testing, DOE calculates the door's
energy consumption using the input power listed on the nameplate of
each electricity-consuming device shipped with the door. In the absence
of a value listed on the nameplate, DOE uses the device's rated input
power included in the door's certification report. In the absence of
either a nameplate or certified value, DOE may measure the input power
for the purposes of calculating a door's energy consumption. 10 CFR
429.134(q)(4). Manufacturers are required to certify to DOE whether
each electricity-consuming device, including ASH, has controls. 10 CFR
429.53(b)(4)(i). If there is no certification for the basic model, it
can be difficult to discern whether the unit has controls without
destroying the door.
For these reasons, DOE proposed in the September 2023 CCE NOPR that
manufacturers of doors with ASH controls certify the conditions (i.e.,
temperature, humidity, etc.) at which the controls activate the ASH
wire. 88 FR 67458, 67483. DOE also proposed that manufacturers would be
required to comply with the reporting requirement beginning on the next
certification report annual filing date required for walk-in components
following the publication of this final rule. Id. DOE requested
comments on its proposal to require reporting of the conditions at
which the controls activate the ASH wire for walk-in doors with ASH
controls. Id.
[[Page 82040]]
During the NOPR public meeting, Dover Food Retail asked about the
type of doors (e.g., freight doors, personnel pass-through doors, and
display doors) the ASH requirements would be applicable to. Dover Food
Retail additionally commented that most of the time in a commercial
application like a supermarket, the ASH control is field-installed,
field-supplied, field-connected, and not part of a display door package
and asked how such information should be included on a label. (Dover
Food Retail, Public Meeting Transcript, No. 6 at pp. 44-45)
As noted during the NOPR public meeting, the ASH requirements are
applicable to all types of doors. DOE additionally notes that in the
September 2023 CCE NOPR, DOE did not propose labeling requirements for
doors with ASH controls, but rather proposed reporting (i.e.,
certification) requirements for doors with ASH controls. To the extent
that basic models of doors include manufacturer-supplied factory or
field-installed ASH controls that are considered in the calculation of
daily energy consumption per the test procedure at appendix A to
subpart R of 10 CFR 431, the manufacturer should be able to report the
conditions at which the controls they offer activate. DOE understands
the point made by Dover Food Retail that the exact conditions that the
ASH controls are activated at in the field may differ based on the
installation location. DOE has concluded that requiring that
manufacturers of doors with ASH controls certify the range of potential
conditions (i.e., temperature, humidity, etc.) at which the controls
activate the ASH wire would address Dover Food Retail's concern. To the
extent that basic models of doors do not include manufacturer-supplied
ASH controls, it would not be appropriate to consider the presence of
ASH controls in the calculation of daily energy consumption per the
test procedure at appendix A to subpart R of 10 CFR 431.
During the NOPR public meeting, Scott Martin asked about the
compliance date for DOE's proposed ASH control reporting requirements.
(Scott Martin, Public Meeting Transcript, No. 6 at pp. 46-47)
Manufacturers of doors with ASH controls would be required to
comply with the reporting requirements adopted in this final rule
beginning on the next certification report annual filing date required
for walk-in components following 210 days after the publication of this
final rule (i.e., August 1).
ASAP et al. commented providing the following editorial corrections
to the regulatory text proposed in the September 2023 CCE NOPR at 10
CFR 429.53(b)(2)(i)(H): moving ``in degrees Fahrenheit'' from the end
of the paragraph to be after the word ``temperature'' within
parenthesis; and, replacing ``humidity'' with ``relative humidity (in
percent, %).'' ASAP et al. also noted that the word ``antisweat''
appeared both hyphenated and non-hyphenated in this section. (ASAP et
al., No. 14 at p. 5)
DOE has concluded that the editorial changes suggested by ASAP et
al. do not change the intent of what DOE proposed and would provide
further clarity to the instruction. Therefore, DOE has amended the
regulatory text at 10 CFR 429.53(b)(2)(i)(H) to include the editorial
changes recommended by ASAP et al. DOE has also replaced the word
``antisweat'' with ``anti-sweat'' for consistency in 10 CFR 429.53.
For the reasons discussed in the preceding paragraphs and the
September 2023 CCE NOPR, DOE is adopting the requirement that
manufacturers certify the range of conditions at which the ASH controls
activate and with the minor corrections recommended by ASAP et al.
h. Door Conduction Load
DOE's test procedure for measuring walk-in door energy consumption
accounts for thermal conduction through the door and the direct and
indirect electricity use of any electrical components associated with
the door. 10 CFR 431.304(b)(1)-(2) and 10 CFR part 431, subpart R,
appendix A.
The direct and indirect electricity use of the electrical
components associated with the door is based on the certified or
nameplate input power values of each component, which are certified to
DOE as non-public information. DOE does not, at present, require
certification of the thermal conduction through the door.
In the September 2023 CCE NOPR, DOE proposed to require
certification of thermal conduction load through the door in Btu/h and
proposed to add this requirement to the non-public reporting
requirements in 10 CFR 429.53(b)(3)(i). 88 FR 67458, 67483. DOE stated
that manufacturers are already calculating conduction load as part of
the current test procedure at sections 6.2.1 and 6.3.1 of appendix A to
subpart R of 10 CFR part 431 for display doors and non-display doors,
respectively. DOE noted that the conduction load is required for
calculating the daily energy consumption. DOE has evaluated the
theoretical thermal conduction for all walk-in doors certified to DOE
and found in some cases that the calculated values may not be
consistent with the values that would be expected based on the
currently reported data (i.e., wattage, presence of controls) for the
door's electricity-consuming devices. To remedy this situation, DOE
proposed that walk-in door manufacturers certify thermal conduction
load as non-public data, in addition to the requirements already listed
in 10 CFR 429.53(b)(3)(i). Id. DOE also proposed that manufacturers
would be required to comply with the reporting requirement beginning on
the next certification report annual filing date required for walk-in
components following the publication of this final rule. DOE requested
comments on this proposal. Id.
During the NOPR public meeting, Hussmann asked if the conduction
load requirements were applicable to just a solid door product or if
they would also apply to a solid, opaque, or transparent display door.
(Hussmann, Public Meeting Transcript, No. 6 at p. 46)
DOE notes that the thermal conduction load reporting requirements
proposed in the September 2023 CCE NOPR would be applicable to all
doors (i.e., both display and non-display doors as defined at 10 CFR
431.302).
For the reasons discussed in the preceding paragraphs and the
September 2023 CCE NOPR, DOE is adopting these amendments as proposed
in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR, DOE proposed to align walk-in
certification reporting requirements with the test procedure
requirements applicable to walk-ins manufactured on and after October
31, 2023. 88 FR 67458, 67483. For all walk-in doors, manufacturers
currently report the door type, R-value of the door insulation, a
declaration that the manufacturer has incorporated the applicable
design requirements, door energy consumption, rated surface area, rated
power of each light, heater wire, and/or other electricity-consuming
device and whether such device(s) has a timer, control system, or other
demand-based control that reduces the device's power consumption. For
transparent reach-in display doors and windows, manufacturers must
currently also report the glass type of the doors and windows, and the
power draw of the ASH. Based on the proposed reporting requirements in
the September 2023 CCE NOPR, manufacturers would additionally report
the conduction load through the door, and the temperature and/or
humidity conditions at which the ASH controls engage if the proposed
amendments are adopted. Id.
[[Page 82041]]
For walk-in refrigeration systems, manufacturers currently report
the installed motor's function purpose (i.e., evaporator fan motor or
condenser fan motor), its rated horsepower, a declaration that the
manufacturer has incorporated the applicable walk-in-specific design
requirements into the motor, AWEF, net capacity, the configuration
tested for certification (e.g., condensing unit only, unit cooler only,
single-packaged dedicated system, or matched pair), and if an indoor
dedicated condensing unit is also certified as an outdoor dedicated
condensing unit (and, if so, the basic model number for the outdoor
dedicated condensing unit). In the September 2023 CCE NOPR, DOE noted
that if the proposed amendments are adopted, manufacturers would
additionally report whether the basic model meets the definition of a
CO2 unit cooler, whether a basic model meets the definition
of a detachable single-packaged dedicated system or an attached split
system, whether a dedicated condensing system has flooded head pressure
control, and whether a compressor break-in period was used, and if so,
the duration of the break-in period. Id. Additionally, manufacturers
would be required to submit supplemental testing instructions in PDF
format if these instructions are necessary to run a valid test. Id.
In the September 2023 CCE NOPR, DOE tentatively determined that
these proposed amendments would not impose additional costs for
manufacturers because manufacturers of walk-ins are already submitting
certification reports to DOE and should have readily available the
information that DOE proposed to collect as part of this rulemaking.
DOE stated that it does not believe the revised reporting requirements
will cause any appreciable change in reporting burden or hours as
compared to what walk-in manufacturers are currently doing today, but
DOE requested comment on the certification reporting costs. Id.
DOE did not receive any comments on the certification and reporting
costs associated with the proposed reporting requirements for walk-ins.
In this final rule, DOE has determined that these amendments would not
cause any measurable change in reporting burden or hours for walk-in
manufacturers. Compliance with these amended reporting requirements is
not required until the next annual certification report filing date on
or after 210 days after publication of this final rule.
3. Labeling
If the Secretary has prescribed test procedures for any class of
covered equipment, a labeling rule applicable to such class of covered
equipment must be prescribed. See 42 U.S.C. 6315(a). EPCA, however,
also sets out certain criteria that must be met prior to prescribing a
given labeling rule. Specifically, to establish these requirements, DOE
must determine that: (1) labeling in accordance with section 6315 is
technologically and economically feasible with respect to any equipment
class; (2) significant energy savings will likely result from such
labeling; and (3) labeling in accordance with section 6315 is likely to
assist consumers in making purchasing decisions. (See 42 U.S.C.
6315(h))
If these criteria are met, EPCA specifies certain aspects of
equipment labeling that DOE must consider in any rulemaking
establishing labeling requirements for covered equipment. At a minimum,
such labels must include the energy efficiency of the affected
equipment as tested under the prescribed DOE test procedure. The
labeling provisions may also consider the addition of other
requirements, including: (1) directions for the display of the label;
(2) a requirement to display on the label additional information
related to energy efficiency or energy consumption, which may include
instructions for maintenance and repair of the covered equipment, as
necessary, to provide adequate information to purchasers; and (3)
requirements that printed matter displayed or distributed with the
equipment at the point of sale also include the information required to
be placed on the label. (42 U.S.C. 6315(b) and 42 U.S.C. 6315(c))
DOE previously established labeling requirements for walk-in
components, codified at 10 CFR 431.305, in a final rule published on
December 28, 2016 (``December 2016 Walk-in Final Rule''). 81 FR 95758,
95802. For walk-in panels, DOE had initially proposed in the NOPR
leading to the aforementioned final rule to include the date of
manufacture on the nameplate of a panel. 81 FR 54925, 54942 (Aug. 17,
2016). At the time, DOE estimated the total cost of applying labels
specifically to non-display doors and panels, which may include date of
manufacture, to be less than 0.1 percent of an average manufacturer's
annual revenue. Id. In consideration of stakeholder comments indicating
that affixing a panel label with date of manufacture was not
technologically feasible, in the December 2016 Walk-in Final Rule, DOE
did not finalize its proposal to require the date of manufacture on the
nameplate. 81 FR 95758, 95802.
In the September 2023 CCE NOPR, DOE again proposed to require that
date of manufacture be affixed to each walk-in panel via the nameplate
or via another method (i.e., stamping) at 10 CFR 431.305(a)(1)(ii). 88
FR 67458, 67484. DOE has found that date of manufacture is often
included on the nameplate or stamped elsewhere on walk-in panels,
indicating that it is not overly burdensome to include and is
technologically feasible.
DOE did not receive any comments regarding its proposal to require
that date of manufacture be affixed to each walk-in panel via the
nameplate or another method. For the reasons discussed in the preceding
paragraphs and the September 2023 CCE NOPR, DOE is adopting the
labeling requirement to require that date of manufacture be affixed to
each walk-in panel via the nameplate or via another method (i.e.,
stamping) at 10 CFR 431.305(a)(1)(ii) as proposed in the September 2023
CCE NOPR.
Additionally, in the May 2023 Walk-ins TP Final Rule, DOE added
test provisions for CO2 unit coolers. 88 FR 28780, 28809. To
easily determine which walk-in units these test provisions apply to,
DOE defined CO2 unit coolers as ``unit coolers that include
a nameplate listing only CO2 as an approved refrigerant.''
88 FR 28780, 28790. Based on walk-in units previously tested by DOE,
DOE expects that most manufacturers are already including a refrigerant
indication on the labels of walk-in unit coolers. Additionally, as
discussed in the May 2023 Walk-ins TP Final Rule, manufacturers
supported the finalized definition for CO2 unit coolers,
including the language regarding the nameplates. Id. DOE therefore
tentatively concluded in the September 2023 CCE NOPR that it would not
be burdensome for manufacturers to label unit coolers designed for use
with CO2 as a refrigerant. 88 FR 67458, 67484. Additionally,
DOE stated in the September 2023 CCE NOPR that it consulted with the
Federal Trade Commission (``FTC''), and they had no comments on the
amendment as proposed in the September 2023 CCE NOPR. Id. Therefore, in
the September 2023 CCE NOPR, DOE proposed that unit coolers designed to
be used with CO2 as a refrigerant include the statement
``Only CO2 is approved as a refrigerant for this system'' on
the unit nameplate. Id. DOE requested comments on its proposal for
labeling requirements for walk-ins. Id.
[[Page 82042]]
In response, AHRI commented that it opposed DOE's proposal to
require CO2 unit coolers be labeled with the statement
``Only CO2 is approved as a refrigerant for this system.''
AHRI stated that refrigerant information is required to be included on
the equipment nameplate per the equipment's safety standard, UL 60335-
2-89,\35\ and including further labeling with the same information
would be duplicative, burdensome to include, and may necessitate
unnecessary costs. (AHRI, No. 18 at p. 12; AHRI, Public Meeting
Transcript, No. 6 at pp. 42-43)
---------------------------------------------------------------------------
\35\ AHRI's comment referred to ISO 60335-2-89. However, DOE
understands that AHRI was likely intending to refer to UL 60335-2-
89, ``Household and similar electrical appliances--Safety--Part 2-
89: Particular requirements for commercial refrigerating appliances
and ice-makers with an incorporated or remote refrigerant unit or
motor-compressor,'' published October 2021.
---------------------------------------------------------------------------
Given that CO2 unit coolers are already required to
include refrigerant information on the equipment label (as specified in
the UL safety standard and the CO2 unit cooler definition in
10 CFR 431.301), DOE agrees that duplicative labeling requirements are
unnecessary. Accordingly, DOE is not adopting the labeling requirements
for CO2 unit coolers that were discussed and proposed in the
September 2023 CCE NOPR.
4. Labeling Costs and Impact
Labeling requirements for panels are codified at 10 CFR 431.305(a).
Since manufacturers are already required to apply a permanent nameplate
to walk-in panels, DOE stated in the September 2023 CCE NOPR that it
assumes there would be no additional cost to the nameplate material or
nameplate application to include date of manufacturer on the panel
nameplate. 88 FR 67458, 67484. However, DOE recognized that
manufacturers may need to make changes to panel nameplates to include
date of manufacture. Id.
In the September 2023 CCE NOPR, DOE also stated it assumes that the
date of manufacture would be automatically etched or printed on each
nameplate and that there would be a one-time cost for programming date
of manufacturer into the nameplate printing software. Id. DOE estimated
that it would take an electrical engineer a maximum of 8 hours to
configure the nameplate printing software. The fully burdened wage for
an electrical engineer at the time of the September 2023 CCE NOPR was
$69.97,\36\ resulting in an estimated one-time cost per manufacturer of
$560 to include date of manufacture on panel nameplates. Id.
---------------------------------------------------------------------------
\36\ DOE estimated the hourly wage using data from BLS's
``Occupational Employment and Wages, May 2022'' publication. DOE
used the ``Electrical Engineers'' mean hourly wage of $48.28 to
estimate the hourly wage rate. www.bls.gov/oes/current/oes172071.htm. DOE then used BLS's ``Employer Costs for Employee
Compensation--June 2022'' to estimate that wages and salary account
for approximately 69 percent for private industry workers.
www.bls.gov/news.release/pdf/ecec.pdf (last accessed Dec. 1, 2022).
Therefore, DOE estimated a fully burdened labor rate of $69.97
($48.28 / 0.69 = $69.97).
---------------------------------------------------------------------------
DOE did not receive any comments on its estimated costs.
Additionally, for labeling requirements pertaining to printing or
etching the date of manufacture on each nameplate, the fully burdened
wage for an electrical engineering as of December 2023 is $79.46,\37\
resulting in an approximate one-time cost per manufacturer of $640 to
include date of manufacture on panel nameplates.
---------------------------------------------------------------------------
\37\ DOE estimated the hourly wage using data from BLS's
``Occupational Employment and Wages, May 2022'' publication. DOE
used the ``Electrical Engineers'' mean hourly wage of $54.83 to
estimate the hourly wage rate. www.bls.gov/oes/current/oes172071.htm
(last accessed Dec. 19, 2023). DOE then used BLS's ``Employer Costs
for Employee Compensation--September 2023'' to estimate that wages
and salary account for approximately 69 percent for private industry
workers. www.bls.gov/news.release/pdf/ecec.pdf (last accessed Dec.
19, 2023). Therefore, DOE estimated a fully burdened labor rate of
$79.46 ($54.83 / 0.69 = $69.97).
---------------------------------------------------------------------------
O. Commercial and Industrial Pumps
DOE is amending the reporting requirements for commercial and
industrial pumps (``pumps''), which DOE defines as equipment designed
to move liquids (which may include dissolved gases, free solids, and
totally dissolved solids) by physical or mechanical action. A pump
includes a bare pump and, if included by the manufacturer at the time
of sale, mechanical equipment, driver, and controls. 10 CFR 431.462.
DOE is not adopting the additional requirements proposed in the
September 2023 CCE NOPR in this final rule, as discussed in the
following sections.
1. Reporting
Under the existing requirements in 10 CFR 429.59(b)(2) and (b)(4),
manufacturers must report the following as determined according to the
DOE test procedure at appendix A to subpart Y of 10 CFR part 431:
For section III: the pump configuration; the constant load
pump energy index (``PEICL''); the nominal speed of rotation
in revolutions per minute (``rpm''); pump total head in feet (``ft'')
at BEP and nominal speed; volume per unit time (``flow rate'') in
gallons per minute (``gpm'') at BEP and nominal speed; calculated
driver power input at each load point corrected to nominal speed, in
horsepower (``hp''); full impeller diameter in inches (``in''); for
radially split, multi-stage, vertical, in-line diffuser casing
(``RSV'') pumps and submersible turbine (``ST'') pumps, the number of
stages tested; and for ST pumps, the bowl diameter in inches (``in'').
10 CFR 429.59(b)(2)(i); 10 CFR 429.59(b)(4)(i).
For section IV or section V: all the above in addition to
whether the PEICL is calculated or tested; and for pumps
sold with electric motors regulated by DOE's energy conservation
standards for electric motors, the nominal motor efficiency in percent
(``%'') and the motor horsepower (``hp'') for the motor with which the
pump is being rated. 10 CFR 429.59(b)(2)(ii); 10 CFR 429.59(b)(4)(ii).
For section VI or section VII: pump configuration;
variable load pump energy index (``PEIVL'') instead of
PEICL; pump total head in feet (``ft'') at BEP and nominal
speed; volume per unit time (``flow rate'') in gallons per minute
(``gpm'') at BEP and nominal speed; driver power input measured as the
input power to the driver and controls at each load point corrected to
nominal speed, in horsepower (``hp''), full impeller diameter in inches
(``in''); whether PEIVL is calculated or tested; for
radially split, multi-stage, vertical, in-line diffuser casing
(``RSV'') pumps and submersible turbine (``ST'') pumps, the number of
stages tested; for ST pumps, the bowl diameter in inches (``in''); and
for pumps sold with electric motors regulated by DOE's energy
conservation standards for electric motors, the nominal motor
efficiency in percent (``%'') and the motor horsepower (``hp'') for the
motor with which the pump is being rated. 10 CFR 429.59(b)(2)(iii); 10
CFR 429.59(b)(4)(iii).
These requirements provide for certifying compliance with the
standards for commercial and industrial pumps manufactured on or after
January 27, 2020 . Under the existing requirements in 10 CFR
429.59(b)(3), manufacturers have the option to report pump efficiency
at BEP in percent and PERCL (for constant load pumps) or
pump efficiency at BEP in percent and PERVL (for variable
load pumps), as determined according to appendix A to subpart Y of 10
CFR part 431.
In the September 2023 CCE NOPR, DOE proposed to require
certification of pump efficiency at BEP in percent, PERCL,
and PERVL--these metrics would be added to the existing
reporting requirements in 10 CFR 429.59(b)(2). 88 FR 67458, 67485. DOE
also proposed that manufacturers would be required to comply with the
reporting requirement beginning on the next certification
[[Page 82043]]
report annual filing date required for commercial and industrial pumps
following the publication of this final rule. Id.
Pump efficiency at BEP, PERCL, and PERVL are
required for calculating PEICL or PEIVL. In the
September 2023 CCE NOPR, DOE noted that some manufacturers are already
reporting pump efficiency at BEP, PERCL, and/or
PERVL, and these metrics are already calculated in appendix
A to subpart Y of 10 CFR part 431. Id. DOE stated that this reporting
requirement would standardize the information reported to DOE by
different pump manufacturers. Id. In addition, having these metrics
available in DOE's compliance certification database would provide pump
end users with greater insight into pump operation at part load
conditions. Id. DOE requested comment on its proposed reporting
requirements for commercial and industrial pumps. Id.
Grundfos commented opposing DOE's proposal for additional
certification reporting for pump efficiency at BEP in percent,
PEICL, and PEIVL, noting that these data points
were optional in the January 2016 Pumps Test Procedure Final Rule (81
FR 4086). Grundfos commented that DOE's rationale that these data
points would provide pump end users with greater insight into pump
operation at part-load conditions is false for the following reasons:
pump efficiency at BEP only applies to a single load point (i.e., BEP);
part-load power inputs are already available in the CCMS database and
PER values can be determined from this information; part-load power
inputs are marginally useful given the limited number of pumps
operating at these specific load points; end users can calculate their
own weighted averages based on their specific system without the need
for DOE to mandate additional reporting; and, additional data for pumps
in the CCMS database would serve only to confuse the public. (Grundfos,
No. 10 at p. 1) Grundfos commented questioning the reasoning behind
DOE's choice to modify reporting of pump data within this rulemaking
instead of handling it within the upcoming energy conservation
standards notice. Grundfos stated that DOE should be working to
minimize burden on manufacturers and not creating additional burden by
including modifications across multiple regulatory actions. (Grundfos,
No. 10 at p. 2)
HI commented that DOE should not include the proposed new reporting
requirements for commercial and industrial pumps to additionally
include ``pump efficiency at BEP in percent'' and ``PERCL
(for constant load pumps)'' or ``PERVL (for variable load
pumps)'' for the following reasons: reporting these values would not
standardize reporting; it would not provide users with part load
information; it would increase testing and administrative burden
without energy savings benefit; and, these requirements were not agreed
to by the ASRAC working group \38\ because reporting of these values
was either redundant or counterproductive to the use of PEI. (HI, No.
20 at p. 2)
---------------------------------------------------------------------------
\38\ On July 23, 2013, DOE issued a notice of intent to
establish a Working Group under the Appliance Standards and
Rulemaking Federal Advisory Committee (``ASRAC'') to negotiate
proposed Federal standards for the energy efficiency of commercial
and industrial pumps (``the CIP Working Group''). 78 FR 44036. DOE
held seven open meetings and two webinars, during which the CIP
Working Group discussed scope, metrics, test procedures, and
standard levels for pumps. The CIP Working Group concluded their
negotiations on June 19, 2014 with a supportive vote on several
recommendations for DOE regarding the regulation of pumps. (Docket
No. EERE-2013-BT-NOC-0039, No. 92)
---------------------------------------------------------------------------
HI commented it was not clear what DOE was asking for in the
requirement to report ``pump efficiency at BEP.'' HI stated that
depending on the section of the test procedure that the pump is tested,
BEP could be determined based on the bare pump efficiency (see sections
III, V, or VII) or overall efficiency at BEP (see sections IV or VI).
HI commented that in the April 2022 Pumps Test Procedure NOPR (87 FR
21268), DOE changed the wording from ``overall efficiency'' to ``pump
efficiency'' for the section IV and VI tests, which led HI to believe
that DOE is using the term ``pump efficiency'' and ``overall
efficiency'' interchangeably even though they are different, according
to HI. (HI, No. 20 at p. 2)
HI commented that DOE should not start publishing ``pump efficiency
at BEP'' because it would cause confusion. HI stated that PEI is the
DOE regulatory metric, which considers the pump design flow rate,
specific speed, multiple tested load points, and driver and control
losses, while ``pump efficiency at BEP'' is only useful for a user
purchasing a pump that will operate at that BEP 100 percent of the
time. HI stated that comparing ``pump efficiency at BEP'' for pumps
with different BEP flow and/or head will lead to improper pump
selection and higher energy consumption. (HI, No. 20 at p. 2)
HI commented that PERCL and PERVL could be
calculated directly from driver or control input power at the
prescribed load points and by requiring manufacturers to report these
redundant values, DOE would be increasing the chance of reporting
errors, conflicting data, and confusion in the marketplace. (HI, No. 20
at pp. 2-3)
HI commented the new reporting also would not provide users with
part load information as suggested by DOE because DOE has defined pump
BEP as 100 percent flow rate. HI additionally noted that the part load
driver or control input power that is used to calculate
PERCL and PERVL is already reported and listed
for each model on DOE's CCMS database and therefore, this proposed
addition would not add value to a customer trying to identify the
energy consumption. (HI, No. 20 at p. 3)
ASAP et al. commented providing the following editorial correction
to the regulatory text proposed in the September 2023 CCE NOPR at 10
CFR 429.59(b)(2)(i): replacing Pini with Pini. (ASAP et al.,
No. 14 at p. 5)
In response to ASAP et al., DOE is replacing P \in\i
with Pi\in\ in this rulemaking to be consistent with
variables defined in subpart Y of 10 CFR part 431.
As commented by HI, the efficiency at BEP only represents one load
point and is not representative of part-load applications, which is a
common technique used to properly size a pump. Further, as commented by
HI and Grundfos, the proposed PERCL and PERVL
requirement would not provide deeper insight into part-load conditions.
DOE has determined that the CCMS database already collects sufficient
data for end users to correctly size pumps in part load applications.
Therefore, as these proposed additional requirements would not provide
greater insight into pump operation at part-load conditions, DOE is not
adopting the additional reporting requirements proposed in the
September 2023 CCE NOPR in this final rule.
In response to Grundfos' comment regarding the proposal to make
this change in the September 2023 CCE NOPR instead of the next pumps
standards notice, DOE notes that it published the September 2023 CCE
NOPR with proposed updates for up to 20 different products/equipment.
DOE conducts a single certification reporting requirements rulemaking
for combined products and equipment because it would be more onerous
for DOE to publish proposed and final certification related rulemakings
for each product/equipment separately.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR, DOE proposed to amend the reporting
requirements for commercial and industrial pumps. 88 FR 67458, 67484.
In response, Grundfos and HI commented regarding the costs that
[[Page 82044]]
would be incurred if DOE were to adopt the proposed reporting
requirements. (Grundfos, No. 10 at p. 2; HI, No. 20 at p. 3)
As discussed in section III.O.1, DOE is not adopting the additional
reporting requirements of pump efficiency at BEP in percent,
PERCL, and PERVL. Therefore, manufacturers would
not incur any additional certification reporting costs as a result of
this final rule.
P. Portable Air Conditioners
DOE is amending the reporting requirements for portable ACs, which
DOE defines as a consumer product that consists of a portable encased
assembly, other than a ``packaged terminal air conditioner,'' ``room
air conditioner,'' or ``dehumidifier,'' that delivers cooled,
conditioned air to an enclosed space, and is powered by single-phase
electric current. 10 CFR 430.2. In the portable AC test procedure final
rule published on May 15, 2023 (``May 2023 Portable AC Final Rule''),
DOE amended the test procedures for portable ACs at appendix CC to
subpart B of 10 CFR part 430 (``appendix CC'') to incorporate a measure
of variable-speed portable AC performance and make minor clarifying
edits. 88 FR 31102. Consistent with that final rule, DOE is amending
the reporting requirements.
1. Reporting
The current reporting requirements for portable ACs at 10 CFR
429.62 include the following: (1) the combined energy efficiency ratio
(``CEER'') in Btu/Wh); (2) the seasonally adjusted cooling capacity
(``SACC'') in Btu/h; (3) the duct configuration (i.e., single-duct,
dual-duct, or ability to operate in both configurations); (4) presence
of heating function; and (5) primary condensate removal feature (i.e.,
auto-evaporation, gravity drain, removable internal collection bucket,
or condensate pump). 10 CFR 429.62. These requirements provide for
certifying compliance with the standards that will go into effect for
single-duct and dual-duct portable ACs that are manufactured on or
after January 10, 2025. DOE is updating these requirements and aligning
the reporting requirements with the recent test procedure amendments
and is also adopting general certification requirements for portable
ACs. DOE discusses these updates in the sections as follows.
a. Duct-Configuration
DOE defines two portable AC configurations: single-duct and dual-
duct. Single-duct portable ACs draw all the condenser inlet air from
the conditioned space without the means of a duct and discharge the
condenser outlet air outside the conditioned space through a single
duct attached to an adjustable window bracket. Dual-duct portable ACs
draw some or all the condenser inlet air from outside the conditioned
space through a duct attached to an adjustable window bracket, may draw
additional condenser inlet air from the conditioned space, and
discharge the condenser outlet air outside the conditioned space by
means of a separate duct attached to an adjustable window bracket. Id.
The current test procedure for portable ACs, found in appendix CC,
notes that if a portable AC is able to operate as both a single-duct
and dual-duct portable AC as distributed in commerce by the
manufacturer, it must be tested and rated for both duct configurations.
Section 3.1.1 in appendix CC.
Similarly, in 10 CFR 429.62(a)(5), DOE states that single-duct and
dual-duct portable ACs distributed in commerce by the manufacturer with
multiple duct configuration options that meet DOE's definitions for
single-duct portable AC and dual-duct portable AC, must be rated and
certified under both applicable duct configurations.
Under the existing certification reporting requirements in 10 CFR
429.62(b)(2), manufacturers of portable ACs must report the following:
(1) the CEER in Btu/Wh; (2) the SACC in Btu/h; (3) the duct
configuration (i.e., single-duct, dual-duct, or ability to operate in
both configurations); (4) presence of heating function; and (5) primary
condensate removal feature (i.e., auto-evaporation, gravity drain,
removable internal collection bucket, or condensate pump).
In the September 2023 CCE NOPR, DOE proposed to include clarifying
amendments to these reporting requirements to specify that each
certification report must include an indication of the duct
configuration used for testing (i.e., single-duct or dual-duct) and
whether the certified model is distributed in commerce by the
manufacturer with multiple duct configuration options that meet DOE's
definitions for single-duct portable AC and dual-duct portable AC
(i.e., yes or no). 88 FR 67458, 67485-67486. DOE requested comment on
these proposed reporting requirements for portable ACs. Id.
ASAP et al. commented providing the following editorial correction
to the regulatory text proposed in the September 2023 CCE NOPR at 10
CFR 429.62(b)(2): replacing the text ``the ability to operate in both
configurations'' with ``the ability to operate in both duct
configurations.'' (ASAP et al., No. 14 at p. 5)
DOE agrees that adding the word ``duct'' when referring to the
ability of a portable AC to operate in both single-duct and dual-duct
configuration is a helpful clarification and better represents the
intent of the proposal in the September 2023 CCE NOPR.
For the reasons discussed in the preceding paragraphs and the
September 2023 CCE NOPR, DOE is adopting these amendments as proposed
in the September 2023 CCE NOPR with the additional clarification as
recommended by commenters.
b. Full-Load Seasonally Adjusted Cooling Capacity
In the May 2023 Portable AC Final Rule, DOE amended the appendix CC
test procedures to include a new capacity metric for variable-speed
portable ACs, full-load seasonally adjusted cooling capacity
(``SACCFull''), for purposes of representation and
certification. 88 FR 31102, 31112-31114. Consistent with that final
rule, in the September 2023 CCE NOPR, DOE proposed to amend the
certification report requirements by adding a new section, 10 CFR
429.62(b)(3), to require reporting whether a basic model is variable-
speed, as defined in appendix CC, and if so, to report the
SACCFull, in Btu/h. 88 FR 67458, 67486. DOE requested
comment on these proposed requirements. Id.
ASAP et al. commented providing the following editorial corrections
to the regulatory text proposed in the September 2023 CCE NOPR at 10
CFR 429.62(b)(3): replacing ``SACC_Full'' with ``SACCFull.''
ASAP et al. also noted that the current portable AC test procedure
specifies that variable-speed units calculate SACCFull_SD
and SACCFull_DD for single- and dual-duct configurations and
this distinction should be reflected in the certification template.
(ASAP et al., No. 14 at p. 5)
DOE agrees that the amended text in 10 CFR 429.62(b)(3) should have
consistent subscript formatting for the SACCFull variable,
and notes that this is the current approach in 10 CFR 429.62(a)(2) and
(3).
Regarding further clarification of SACCFull, DOE notes
that the reporting requirements in 10 CFR 429.62(b)(2) already require
identifying the duct configuration (i.e., single-duct or dual-duct), so
DOE does not expect there to be confusion as to which
SACCFull must be reported (i.e., SACCFull_SD or
SACCFull_DD, for single-duct and dual-duct, respectively).
Furthermore, 10 CFR 429.62(b)(2) already introduces the
[[Page 82045]]
term ``SACCFull'' and refers to the DOE test procedure where
both SACCFull_SD and SACCFull_DD are defined.
Therefore, DOE concludes that no further clarification is needed to
modify the text of 10 CFR 429.62(b)(3) as proposed in the September
2023 CCE NOPR. For the reasons discussed in the preceding paragraphs
and the September 2023 CCE NOPR, DOE is adopting the amendments
pertaining to reporting SACCFull as proposed in the
September 2023 CCE NOPR with the additional clarifying amendments
discussed above.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR, DOE proposed to align portable AC
certification reporting requirements with the May 2023 Portable AC TP
Final Rule requirements applicable to portable ACs manufactured on and
after June 14, 2023. 88 FR 67458, 67486.
For variable-speed portable ACs tested in accordance with appendix
CC as amended in the May 2023 Portable AC TP Final Rule, manufacturers
currently report CEER, SACC, the duct configuration, presence of
heating function, and primary condensate removal feature, and would
additionally report full-load SACC if the amendments proposed in the
September 2023 CCE NOPR are adopted. Id.
In the September 2023 CCE NOPR, DOE tentatively determined that
these proposed amendments would not impose additional costs for
manufacturers beyond those that were estimated in the January 2020
Portable ACs ECS Final Rule, which first established the reporting
requirements. Id. DOE stated this was because manufacturers of portable
ACs should already be collecting the information required for the
current certification requirements and should have readily available
the information that DOE proposed to collect as part of this
rulemaking. Id. DOE stated that it did not believe the revised
reporting requirements would cause any appreciable change in reporting
burden or hours as compared to what was estimated in the January 2020
Portable ACs ECS Final Rule. Id.
DOE did not receive any comments on the certification and reporting
costs associated with the proposed reporting requirements for portable
ACs. In this final rule, DOE makes a final determination that these
amendments would not cause any measurable change in reporting burden or
hours for portable AC manufacturers. Compliance with these reporting
requirements is required 210 days after publication of this final rule.
Q. Compressors
DOE is amending the reporting requirements for compressors, which
DOE defines as machines or apparatuses that convert different types of
energy into the potential energy of gas pressure for displacement and
compression of gaseous media to any higher pressure values above
atmospheric pressure and have a pressure ratio at full-load operating
pressure greater than 1.3. 10 CFR 431.342.
1. Reporting
Under the existing requirements in 10 CFR 429.63(b), a
certification report must include the following public product-specific
information for all compressors: (1) full-load package isentropic
efficiency or part-load package isentropic efficiency, as applicable
(dimensionless); (2) full-load actual volume flow rate (in cubic feet
per minute); (3) compressor motor nominal horsepower (in horsepower);
(4) full-load operating pressure (in pounds per square inch, gauge);
(5) maximum full-flow operating pressure (in pounds per square inch,
gauge); and (6) pressure ratio at full-load operating pressure
(dimensionless). 10 CFR 429.63(b)(i)-(vi).
In addition, for any ancillary equipment that is installed for
test, but is not part of the compressor package as distributed in
commerce (per the requirements of 10 CFR part 431, subpart T, appendix
A, section I(B)(4)), a certification report must include the following
public product-specific information: (1) a general description of the
ancillary equipment, based on the list provided in the first column of
Table 1 of 10 CFR part 431, subpart T, appendix A, section I(B)(4); (2)
the manufacturer of the ancillary equipment; (3) the brand of the
ancillary equipment (if different from the manufacturer); (4) the model
number of the ancillary equipment; (5) the serial number of the
ancillary equipment (if applicable); (6) input voltage (if applicable);
(7) number of phases (if applicable); (8) input frequency (if
applicable); (9) size of any connections (if applicable); and (10) type
of any connections (if applicable). 10 CFR 429.63(b)(vii)(A)-(G). A
certification report must also include installation instructions for
the ancillary equipment, accompanied by photos that clearly illustrate
the ancillary equipment, as installed on compressor package, in a PDF.
10 CFR 429.63(b)(vii)(H).
In the September 2023 CCE NOPR, DOE noted that 10 CFR 429.12(a)
states that basic models of covered products require annual filings on
or before the dates provided in 10 CFR 429.12(d), but paragraph (d)
does not specifically list an annual filing date for compressors. 88 FR
67458, 67486. In light of this omission, DOE proposed to explicitly
specify in 10 CFR 429.12(d) that compressors should be recertified
annually on or before September 1. Id. Because the energy conservation
standards for compressors do not take effect until January 10, 2025,
DOE noted that this annual reporting requirement would not be in effect
until the applicable energy conservation standards are in effect. 88 FR
67458, 67486-67487. DOE requested comment on the proposed annual filing
date of September 1 for compressors. 88 FR 67458, 67487.
During the NOPR public meeting, Kaeser Compressors asked if
manufacturers have to upload certification reports for all equipment
every year on the annual filing date even if the certification reports
have not changed. (Kaeser Compressors, Public Meeting Transcript, No. 6
at pp. 49-50)
DOE responded during the NOPR public meeting noting that there is
an annual certification requirement for all basic models that are
currently in production and being distribution in commerce, as well as
reporting of any models that have been discontinued. DOE noted that it
was not necessary to retest products or equipment and the same rating
that was reported when the model was first introduced into commerce may
be used during the annual filing requirement. (DOE, Public Meeting
Transcript, No. 6 at p. 50) For the reasons discussed in the preceding
paragraphs and the September 2023 CCE NOPR, DOE is adopting an annual
filing date of September 1 for compressors.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR, DOE proposed no changes to the
reported information required for compressors when certifying
compliance with the standards applicable to compressors manufactured on
or after January 10, 2025. 88 FR 67458, 67487. DOE only proposed to
specify the annual date by which manufacturers must submit annual
certification filings to DOE after the applicable standards take
effect. DOE tentatively determined that the proposed amendment would
not impose additional costs for manufacturers because no amendments to
the certification report contents were proposed in the September 2023
CCE NOPR. DOE stated that it did not believe the revised reporting
requirements would cause any appreciable change in reporting burden or
hours as compared
[[Page 82046]]
to what compressor manufacturers would begin doing prior to the January
10, 2025 compliance date. Id.
DOE did not receive any comments on the certification and reporting
costs associated with the proposed reporting requirements for
compressors. In this final rule, DOE makes a final determination that
these amendments would not cause any measurable change in reporting
burden or hours for compressor manufacturers. As discussed, DOE did not
propose and is not adopting any changes to the reported information
required for compressors when certifying compliance with the standards
applicable to compressors manufactured on or after January 10, 2025.
Therefore, compliance with the existing reporting requirements is
required on and after January 10. 2025. Annual certification report
filing, as established in this final rule, is required annually
thereafter on September 1.
R. Dedicated-Purpose Pool Pump Motors
DOE is establishing reporting requirements for DPPPMs, which are
electric motors that are single-phase or polyphase and are designed
and/or marketed for use in dedicated-purpose pool pump (``DPPP'')
applications, as defined in sections 1.2, 1.3, and 1.4 of UL 1004-
10:2020. 10 CFR 431.483. In the final rule published on September 28,
2023 (``September 2023 DPPPM Final Rule''), DOE established energy
conservation standards for DPPPMs. 88 FR 66966. Consistent with that
final rule, DOE is establishing the reporting requirements.
1. Reporting
There are currently no reporting requirements for DPPPMs. The
September 2023 DPPPM Final Rule established new energy conservation
standards for DPPPMs. 88 FR 66966. Therefore, DOE is aligning the
reporting requirements with the standards and adopting general
certification requirements for DPPPMs.
At the time of the September 2023 CCE NOPR, DOE's proposed
reporting requirements for DPPPMs were based on the DPPPMs energy
conservation standards NOPR that published on June 21, 2022 (``June
2022 DPPPM NOPR''). 87 FR 37122. The following sections discuss DOE's
proposals from the September 2023 CCE NOPR, which were informed by the
June 2022 DPPPM NOPR and the September 2023 DPPPM Final Rule. DOE
discusses these updates in the sections as follows.
a. Motor Total Horsepower, Full-Load Efficiency, and Design
Requirements
In the June 2022 DPPPM NOPR, DOE proposed performance standards
(i.e., full load efficiency) and design requirements (i.e., speed
capability) based on DPPPM total horsepower (``THP''). 87 FR 37122,
37123-37124. DOE proposed that the standards, if adopted, would apply
to all DPPPMs manufactured in, or imported into, the United States
starting on the date 2 years (or 24 months) after the publication of
the final rule for the proposed rulemaking. Id.
Further, for DPPPMs greater than or equal to 0.5 THP, DOE proposed
that DPPPMs with freeze protection controls be shipped with the freeze
protection feature disabled, or with the following default, user-
adjustable settings: (a) the default dry-bulb air temperature setting
shall be no greater than 40 [deg]F; (b) the default run time setting
shall be no greater than 1 hour (before the temperature is rechecked);
and (c) the default motor speed in freeze protection mode shall not be
more than half of the maximum operating speed. 87 FR 37122, 37124.
As such, in the September 2023 CCE NOPR, DOE proposed to update the
reporting requirements to include product-specific information that
would be required to certify compliance with any newly established
energy conservation standards. 88 FR 67458, 67487. Accordingly, DOE
proposed reporting the DPPPM THP, as the THP is required to determine
whether the DPPPM would need to meet either a performance standard or
design requirements. DOE proposed that the represented value of THP
should be determined as required at 10 CFR 429.65(c)(1)(v). Id.
For DPPPMs less than 0.5 THP, DOE proposed reporting performance
standard in terms of full load efficiency. DOE proposed using the test
procedure in 10 CFR 431.484 to determine full-load efficiency, and to
report the represented value of THP as required at 10 CFR
429.65(c)(1)(v). Id.
For DPPPMs greater than or equal to 0.5 THP, DOE proposed reporting
the design requirements as follows:
(1) A statement confirming that the DPPPM is variable speed (as
defined at 10 CFR 431.483); and
(2) A statement regarding whether freeze protection is shipped
enabled or disabled; for DPPPMs distributed in commerce with freeze
protection controls enabled, DOE proposes reporting the default dry-
bulb air temperature setting (in [deg]F), default run time setting (in
minutes), maximum operating speed (in revolutions per minute, or rpm),
and default motor speed in freeze protection mode (in revolutions per
minute, or rpm). Id.
Regarding general certification requirements, DOE proposed that
annual filing for DPPPM shall be submitted on or before September 1.
Further, DOE also proposed that the requirements in 10 CFR 429.12
regarding certification apply to DPPPMs. Id. DOE requested comment on
the proposed reporting requirements for DPPPMs. Id.
Since publication of the September 2023 CCE NOPR, DOE has published
the September 2023 DPPPM Final Rule, which adopted the same
requirements proposed in the June 2022 DPPPM NOPR with one
modification, specifically, that DPPPMs with a motor total horsepower
>=0.5 THP and <1.15 THP would not be required to comply with energy
conservation standards until September 28, 2027, in contrast to
required compliance beginning September 29, 2025 for the other two
equipment classes. 88 FR 66966.
DOE did not receive any comments regarding the proposed reporting
requirement for DPPPMs. For the reasons discussed in the preceding
paragraphs and the September 2023 CCE NOPR, DOE is adopting these
amendments as proposed in the September 2023 CCE NOPR.
b. Rounding Requirements
In the September 2023 CCE NOPR, DOE proposed to specify rounding
requirements for values required to determine compliance with the
proposed energy conservation standards. 88 FR 67458, 67488.
Specifically, DOE proposed that manufacturers round DPPPM THP to the
nearest hundredth of THP, consistent with industry practice. Id.
Further, DOE proposed that manufacturers round full load efficiency,
expressed in percentage, to the nearest tenth of a percent. Id. DOE
noted that this was consistent with how the full load efficiency of an
electric motor is expressed at 10 CFR 431.25 and 10 CFR 431.446, and
these electric motors share test methods with DPPPMs. Id. Finally, for
DPPPM basic models with THPs greater than or equal to 0.5 THP and
distributed in commerce with freeze protection controls enabled, DOE
proposed to round the dry-bulb temperature setting (expressed in
[deg]F) run time setting (expressed in minutes), maximum operating
speed (expressed in rpm), and default motor speed in freeze protection
mode (expressed in rpm) to the nearest whole number. DOE noted that
this was consistent with how dry-bulb temperature is expressed in 10
CFR
[[Page 82047]]
431.465(h)(1). Id. DOE requested comment on the proposed rounding
requirements for DPPPMs. Id.
Since publication of the September 2023 CCE NOPR, DOE has published
the September 2023 DPPPMs Final Rule, which adopted the same
requirements as those proposed in the June 2022 DPPPM NOPR.
DOE did not receive any comments on the proposed rounding
requirements for DPPPMs. For the reasons discussed in the preceding
paragraphs and the September 2023 CCE NOPR, DOE is adopting the
rounding requirements for DPPPMs as proposed in the September 2023 CCE
NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR, DOE proposed to align DPPPM
certification reporting requirements with the energy conservation
standard requirements proposed in the June 2022 DPPPM NOPR for DPPPMs
manufactured starting on the date 2 years (24 months) after the date of
final rule publication of the energy conservation standard in the
Federal Register. 88 FR 67458, 67488.
In the September 2023 CCE NOPR, DOE noted that the addition of the
proposed reporting requirements for DPPPMs would newly require
manufacturers to report performance characteristics of these motors.
Id. For DPPPMs less than 0.5 THP, full-load efficiency would need to be
reported in addition to THP, and for DPPPMs greater than or equal to
0.5 THP, freeze protection status and speed control capability would
need to be reported in addition to THP. In the September 2023 CCE NOPR,
DOE tentatively concluded that these proposed changes would impose
additional cost to manufacturers and importers. Id. The estimated costs
associated with these changes were described in further detail in
section IV.C of the September 2023 CCE NOPR. Id.
DOE did not receive any comments on the certification and reporting
costs associated with the proposed reporting requirements for DPPPMs.
In this final rule, DOE makes a final determination that the
certification reporting costs for DPPPMs are consistent with those
estimated in the September 2023 CCE NOPR, updated to current values,
and are discussed further in section IV.C of this document. Compliance
with these reporting requirements is not required until the compliance
date of the new standards.
S. Air Cleaners
DOE is establishing reporting requirements for air cleaners, which
DOE defines as a product for improving indoor air quality, other than a
central air conditioner, room air conditioner, portable air
conditioner, dehumidifier, or furnace, that is an electrically powered,
self-contained, mechanically encased assembly that contains means to
remove, destroy, or deactivate particulates, VOCs, and/or
microorganisms from the air. It excludes products that operate solely
by means of ultraviolet light without a fan for air circulation. 10 CFR
430.2. In a direct final rule published on April 11, 2023 (``April 2023
Air Cleaners DFR''), DOE established new energy conservation standards
for air cleaners. 88 FR 21752. Consistent with that direct final rule,
DOE is establishing new reporting requirements for air cleaners.
1. Reporting
There are currently no reporting requirements for air cleaners. The
April 2023 Air Cleaners DFR established new energy conservation
standards for air cleaners. 88 FR 21752. In the April 2023 Air Cleaners
DFR, DOE established energy conservation standards based on integrated
energy factor (``IEF''), which is determined as the clean air delivery
rate (``CADR'') \39\ of an air cleaner expressed in terms of
PM2.5 \40\ CADR divided by the annual energy consumption
divided by the annual active mode hours. 88 FR 21752, 27153-21754.
PM2.5 CADR is calculated as the geometric mean of smoke CADR
and dust CADR. 88 FR 21752, 21762.
---------------------------------------------------------------------------
\39\ Section 3.14 of the industry standard AHAM AC-1-2020
defines CADR as the measure of the delivery of contaminant free air,
within a defined particle size range, by an air cleaner, expressed
in cubic feet per minute (``cfm''). CADR is the rate of contaminant
reduction in the test chamber when the air cleaner is turned on,
minus the rate of natural decay when the air cleaner is not running,
multiplied by the volume of the test chamber as measured in cubic
feet. Note: CADR values are always the measurement of an air cleaner
performance as a complete system and have no linear relationship to
the air movement per se or to the characteristics of any particle
removal methodology.
\40\ 10 CFR part 430, appendix FF defines PM2.5 via
reference to the industry standard AHAM AC-7-2022, which defines it
as particulate matter that are nominally 2.5 micrometers (``[mu]m'')
in width or smaller.
---------------------------------------------------------------------------
Therefore, DOE is establishing reporting and general certification
requirements for air cleaners. DOE discusses these updates in the
following paragraphs.
In the September 2023 CCE NOPR, DOE proposed to establish reporting
requirements for air cleaners at 10 CFR 429.68(b) to include product-
specific information that would be required to certify compliance with
the newly established energy conservation standards. 88 FR 67458,
67488. DOE proposed that parties must report the smoke CADR, dust CADR,
and PM2.5 CADR in cfm; annual energy consumption in kWh/yr;
and IEF in PM2.5 CADR per watt. Id. DOE proposed reporting
requirements for smoke CADR and dust CADR because these values are used
to determine PM2.5 CADR. Id.
Additionally, in a test procedure final rule published on March 6,
2023 (March 2023 Air Cleaners TP Final Rule), DOE established
requirements for determining pollen CADR and effective room size. 88 FR
14014, 14016. In the March 2023 Air Cleaners TP Final Rule, DOE noted
that many air cleaners are marketed as providing pollen removal and the
ENERGY STAR specification for air cleaners also requires reporting of
pollen CADR. DOE stated that it is important that any representation
related to an air cleaner's pollen CADR performance be made based on
testing conducted in a repeatable and representative manner. 88 FR
14014, 14034. Accordingly, in the March 2023 Air Cleaners TP Final
Rule, DOE referenced the AHAM AC-1-2020 standard to conduct a test to
measure pollen CADR. 88 FR 14014, 14035. While DOE has not established
any energy conservation standards for pollen, in the September 2023 CCE
NOPR, DOE proposed to include a reporting requirement for pollen CADR
to ensure that consumers have reliable information when making
purchasing decisions. 88 FR 67458, 67488.
Additionally, in the March 2023 Air Cleaners TP Final Rule, DOE
established a metric for effective room size because room size would
strongly impact the capacity of the air cleaner that would be required
to clean the air in the desired room. 88 FR 14014, 14036 and 14038.
While DOE has not established any standards pertaining to room size, in
the September 2023 CCE NOPR, DOE proposed to include a reporting
requirement for effective room size, in square feet, to ensure
consumers have reliable information when making purchasing decisions.
88 FR 67458, 67488.
Regarding general certification requirements, DOE proposed that the
annual filing for air cleaners shall be submitted on or before December
1. Id. Further, DOE proposed that the requirements in 10 CFR 429.12
regarding certification apply to air cleaners. Finally, DOE proposed to
add a new paragraph (i)(6) in 10 CFR 429.12 to note the compliance date
for air cleaners is December 31, 2023. Id.
DOE requested comment on the proposed reporting requirements for
air cleaners. Id.
[[Page 82048]]
Carrier stated its support for DOE's proposal to require reporting
of the product-specific information that would be required to certify
compliance with the newly established energy conservation standards for
air cleaners. (Carrier, No. 12 at p. 3) AHAM commented in support of
the inclusion of smoke CADR, dust CADR, and PM2.5 CADR for
air cleaner certification because smoke CADR and dust CADR are used to
calculate PM2.5 CADR. AHAM also commented in support of the
reporting requirements for annual energy consumption, integrated energy
factor, and room size. (AHAM, No. 16 at p. 6) ASAP et al. stated their
support for DOE's proposed reporting requirements for air cleaners
pertaining to smoke CADR, dust CADR, and pollen CADR (if measured).
ASAP et al. commented that smoke CADR, dust CADR, and pollen CADR are
commonly used by manufacturers in marketing these products, and the
ENERGY STAR specification for air cleaners has required the reporting
of smoke CADR, dust CADR, and pollen CADR since 2011. For these
reasons, ASAP et al. commented in support of the proposed CADR
reporting requirements because ASAP et al. noted that such requirements
would help ensure that CADR performance claims can be trusted metrics
for use by consumers making purchasing decisions. (ASAP et al., No. 14
at pp. 2-3) ASAP et al. commented in support of the room size reporting
requirement for room air cleaners as the physical dimensions of a room
influence the capacity of the air cleaner that would be needed to
adequately clean the air in that space, which helps ensure that
consumers have appropriate information to make informed purchasing
decisions. (ASAP et al., No. 14 at p. 3)
Carrier commented supporting the reporting requirements for pollen
CADR and effective room size. (Carrier, No. 12 at p. 3) AHAM commented
objecting to the reporting requirement for pollen CADR for air cleaners
as part of DOE's information collection. (AHAM, Public Meeting
Transcript, No. 6 at p. 52; AHAM, No. 9 at p. 2; AHAM, No. 16 at p. 6)
AHAM stated that DOE does not regulate pollen CADR and pollen CADR has
no relation to demonstrating compliance with the applicable standard
and is therefore outside DOE's approved information collection under
PRA. AHAM commented that it is not within the scope of DOE's authority
to collect this data, and should manufacturers make pollen-related
claims, inaccuracies of such claims fall within the purview of the
Federal Trade Commission. (AHAM, No. 16 at p. 6) AHAM stated that
collecting data not necessary to demonstrating compliance with energy
conservation standard is outside of DOE's approved information
collection under the PRA and that DOE is obligated by the PRA to
demonstrate the practical utility of information collected. AHAM argued
that pollen CADR does not have practical utility in the context of the
currently applicable standards because the information is unnecessary
to demonstrate compliance with those standards. (AHAM, No. 16 at pp. 6-
7)
In response, DOE established a test procedure for pollen CADR to
enable consistent and meaningful representations of metrics most
desirable to consumers (88 FR 14014, 14034; 87 FR 63324, 63339). DOE
recognizes that pollen CADR is not needed to determine compliance with
air cleaner standards. While this metric may help inform consumers
making purchasing decisions, DOE is not adopting the proposal from the
September 2023 CCE NOPR that pollen CADR be reported to DOE.
During the NOPR public meeting, AHRI questioned if the air cleaners
template would have secondary validation for PM2.5 CADR
based on the values entered for smoke CADR and dust CADR. AHRI noted
that templates for some other product and equipment categories do not
allow input values to be higher than the value calculated using the
formula entered for validation. (AHRI, Public Meeting Transcript, No. 6
at pp. 54-55)
DOE appreciates AHRI's question regarding PM2.5 CADR
validation based on the values entered for smoke CADR and dust CADR. In
this final rule, DOE is only adopting reporting requirements as
described for air cleaners. DOE may consider additional validation
checks on data submitted in the certification template to identify
reporting errors.
ASAP et al. noted that the proposed regulatory language for air
cleaners refers to ``room size'', while the test procedure specifies
``effective room size.'' ASAP et al. commented encouraging DOE to
specify ``effective room size'' in the regulatory language and the
draft certification template to be consistent with the language in the
test procedure. (ASAP, et al., No. 14 at p. 3)
DOE agrees that effective room size is the correct language to use
and has updated the language in 10 CFR 429.68 to ensure consistency.
AHAM commented that there is a typographical error relating to 10
CFR 429.68(a)(2)(ii), in which the language ``equal to the high''
should instead have stated ``equal to the lower.'' (AHAM, No. 16 at p.
7; AHAM, Public Meeting Transcript, No. 6 at p. 55)
DOE agrees that the language in 10 CFR 429.68(a)(2)(ii) includes an
error and is correcting the text as suggested by AHAM, consistent with
the language used in other product-specific certification requirement
sections in 10 CFR 429.
AHAM commented that the September 2023 CCE NOPR did not specify how
air cleaners with uninstalled filters should be tested and certified
under DOE's certification program. AHAM stated that DOE should add
language to ensure consistency with AHAM AC-7-2022,\41\ which DOE
references, but AHAM noted it is with insufficient specificity. AHAM
commented that DOE should incorporate language to harmonize with
section 3.6.1 in AHAM AC-7-2022 stating that filters that accompany the
product in its package must be installed for energy testing and
certification. (AHAM, No. 16 at p. 7)
---------------------------------------------------------------------------
\41\ Energy Test Method for Consumer Room Air Cleaners. AHAM AC-
7-2022.
---------------------------------------------------------------------------
DOE notes that the air cleaners test procedure at 10 CFR 430,
subpart B, appendix FF (``appendix FF'') incorporates by reference AHAM
AC-7-2022, including section 3.6.1, which specifies that the filters
accompanying the product in its package must be installed while
conducting energy testing and replacement filters shall be used for the
run-in period. As such, this requirement does not need to be specified
in the certification reporting requirements since it is a testing
provision, and it is adequately specified in the test procedure at
appendix FF.
During the NOPR public meeting, AHAM referenced the tolerance on
the rated values of CADR and effective room size during enforcement
testing. AHAM noted that the CADR values are a reported value, but not
a regulated value and the proposed certification requirements state
that the mean of the measured CADR values must be reported without
applying any tolerance to this value. (AHAM, Public Meeting Transcript,
No. 6 at p. 53) In written comments, AHAM additionally commented that
for assessment and enforcement testing of air cleaners, DOE should use
rated CADR to calculate CADR so long as measured CADR results are
within 10 percent of reported results; otherwise, DOE should use
measured results. AHAM commented that the 10-percent tolerance value is
consistent with AHAM's room air cleaner certification program and based
on historical experience and past statistical studies where AHAM found
[[Page 82049]]
that smoke CADR or dust CADR with 10-percent tolerance was reflective
of the within-test and between-product variation of both the air
cleaner and its filter(s). AHAM additionally commented that the 10-
percent tolerance value has been studied on CADR ranges that would
historically have been within ANSI/AHAM AC-1 \42\ and are now within
AHAM AC-7-2022, and this tolerance will address the variation that
occurs in the manufacture and testing of air cleaners. (AHAM, No. 16 at
pp. 7-8)
---------------------------------------------------------------------------
\42\ Method for Measuring Performance of Portable Household
Electric Room Air Cleaners.
---------------------------------------------------------------------------
While DOE recognizes that an enforcement provision pertaining to
the allowable tolerance on CADR values may be appropriate, DOE has not
provided stakeholders an opportunity to provide comment on such a
tolerance requirement for smoke CADR and dust CADR; therefore, DOE is
not including a CADR tolerance in this rulemaking. DOE may consider
including a CADR enforcement tolerance in a future rulemaking.
During the NOPR public meeting, AHRI commented asking when the
templates would be available for air cleaners, which has a compliance
date starting December 31, 2023. AHRI also asked if there would be an
enforcement grace period. (AHRI, Public Meeting Transcript, No. 6 at p.
56) AHAM commented that air cleaner manufacturers are in a precarious
position because there is an established energy conservation standard
for air cleaners, but the reporting requirements are not yet
established. AHAM commented requesting a 180-day lead-in period for air
cleaner manufacturers to comply with the certification and enforcement
requirements finalized in this rulemaking. AHAM commented that the 180-
day period should begin when a final reporting template is available
from DOE and the reporting portal is established. AHAM commented
encouraging DOE to make a reporting template available immediately upon
publication of a final rule. (AHAM, No. 16 at p. 8)
Compliance with the air cleaners standards was required for air
cleaners manufactured beginning December 31, 2023. However, DOE
recognizes that manufacturers require some lead-in time to familiarize
themselves with the new certification template and input relevant data.
As a result, DOE is not requiring compliance with the air cleaners
reporting requirements until 210 days after publication of this final
rule, although manufacturers may choose to submit certification reports
prior to that date.
For the reasons discussed in the preceding paragraphs and the
September 2023 CCE NOPR, DOE is adopting these amendments as proposed
in the September 2023 CCE NOPR, with a minor clarification to use the
term ``effective room size''.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR, DOE proposed to align air cleaner
certification reporting requirements with the energy conservation
standard requirements established in the April 2023 Air Cleaners DFR,
such that the reporting requirements are applicable to air cleaners
manufactured on and after December 31, 2023. 88 FR 67458, 67488.
In the September 2023 CCE NOPR, DOE stated that the addition of the
proposed reporting requirements for air cleaners would newly require
manufacturers to report this information. DOE stated it tentatively
concluded that these proposed reporting requirements would impose
additional cost to manufacturers and importers. 88 FR 67458, 67458,
67489. The costs estimated in the September 2023 CCE NOPR associated
with the proposed changes were described in further detail in section
IV.C of that NOPR. Id.
DOE did not receive any comments on the certification and reporting
costs associated with the proposed reporting requirements for air
cleaners. In this final rule, DOE makes a final determination that the
certification reporting costs for air cleaners are consistent with
those estimated in the September 2023 CCE NOPR and are discussed in
further detail in section IV.C of this document. Compliance with these
reporting requirements is not required until 210 days after publication
of this final rule.
T. Single Package Vertical Units
DOE is amending the reporting requirements for single package
vertical air conditioners (``SPVACs'') and single package vertical heat
pumps (``SPVHPs''), collectively referred to as ``single package
vertical units'' (``SPVUs'').
DOE defines an SPVAC as air-cooled commercial package air
conditioning and heating equipment that: (1) is factory-assembled as a
single package that: (i) has major components that are arranged
vertically; (ii) is an encased combination of cooling and optional
heating components; and (iii) is intended for exterior mounting on,
adjacent interior to, or through an outside wall; (2) is powered by a
single-phase or three-phase current; (3) may contain one or more
separate indoor grilles, outdoor louvers, various ventilation options,
indoor free air discharges, ductwork, well plenum, or sleeves; and (4)
has heating components that may include electrical resistance, steam,
hot water, or gas, but may not include reverse cycle refrigeration as a
heating means. 10 CFR 431.92. Additionally, DOE defines an SPVHP as a
single package vertical air conditioner that: (1) uses reverse cycle
refrigeration as its primary heat source; and (2) may include secondary
supplemental heating by means of electrical resistance, steam, hot
water, or gas. Id.
In a test procedure final rule published in the Federal Register on
December 7, 2022 (``December 2022 SPVU TP final rule''), DOE added
definitions for ``single-phase single package vertical air conditioner
with cooling capacity less than 65,000 Btu/h'' and ``single-phase
single package vertical heat pump with cooling capacity less than
65,000 Btu/h.'' 87 FR 75144, 75167-75168; 10 CFR 431.92. DOE defines
this equipment as SPVACs and SPVHPs with a cooling capacity less than
65,000 Btu/h that are either: (1) weatherized, or (2) non-weatherized
and have optional ventilation air provisions available with the ability
to draw in and condition a minimum of 400 CFM of outdoor air, as
determined in accordance with 10 CFR 429.134(x)(3), while the equipment
is operating with the same drive kit and motor settings used to
determine the certified efficiency rating of the equipment. Id.
The Federal test procedures are applicable to SPVUs with a cooling
capacity less than 760,000 Btu/h. (42 U.S.C. 6311(8)(D)(ii)) In the
December 2022 SPVU TP final rule, DOE incorporated by reference AHRI
390-2021 which maintains the existing efficiency metrics--energy
efficiency ratio (``EER'') for cooling mode and coefficient of
performance (``COP'') for heating mode--but it also added a seasonal
efficiency metric that includes part-load cooling performance--
integrated energy efficiency ratio (``IEER''). 87 FR 75144, 75167-75170
(Dec. 7, 2022). In an energy conservation standards NOPR published in
the Federal Register on December 8, 2022 (``December 2022 SPVU ECS
NOPR''), DOE proposed to amend the energy conservation standards for
SPVUs to be based on the IEER metric for cooling efficiency (while
retaining the COP metric for determining the heating efficiency of
SPVHPs). 87 FR 75388, 75421. Consistent with the December 2022 SPVU TP
Final Rule and the December 2022 SPVU ECS NOPR, DOE
[[Page 82050]]
is amending the reporting requirements for SPVUs that would be utilized
with energy conservation standards denominated in terms of IEER, should
DOE adopt such standards.
1. Reporting
Under the existing requirements for SPVACs and SPVHPs in 10 CFR
429.43(b)(2)(v) and 10 CFR 429.43(b)(2)(vi), respectively,
manufacturers must report the following information for SPVACs and
SPVHPs: the energy efficiency ratio (EER in British thermal units per
Watt-hour (Btu/Wh)) and the rated cooling capacity in British thermal
units per hour (Btu/h). For SPVHPs, manufacturers must additionally
report COP.
These requirements provide for certifying compliance with the
applicable standards for SPVUs manufactured on and after September 23,
2019 for units with cooling capacity <65,000 Btu/h, on and after
October 9, 2015 for units >=65,000 Btu/h and <135,000 Btu/h, and on and
after October 9, 2016 for units >=135,000 Btu/h and <240,000 Btu/h.
These energy conservation standards for SPVUs are codified in DOE's
regulations at 10 CFR 431.97(d)(3). DOE is updating these requirements
and aligning the reporting requirements with the amended energy
conservation standards proposed in the December 2022 SPVU ECS NOPR. DOE
discusses these updates in the sections as follows.
a. Revising Certification Reporting Requirements at 10 CFR
429.43(b)(2)(v) and 10 CFR 429.43(b)(2)(vi) When Certifying SPVUs of
All Rated Capacities With IEER Standards
SPVU manufacturers are currently required to certify compliance
with EER and, for SPVHPs, COP standards, in addition to the other
reported items mentioned previously. In the September 2023 CCE NOPR,
DOE proposed certification requirements when certifying compliance of
SPVUs of all rated capacities with IEER standards, should such
standards be adopted. 88 FR 67458, 67489. Specifically, DOE proposed to
include the following at 10 CFR 429.43(b)(2)(v)(B) and (b)(2)(vi)(B)
when certifying compliance with an IEER standard: the integrated energy
efficiency ratio (IEER in British thermal units per Watt-hour (Btu/
Wh)), the rated cooling capacity in British thermal units per hour
(Btu/h), and the rated airflow in standard cubic feet per minute
(SCFM). Id. Additionally, DOE proposed to include a requirement to
certify the coefficient of performance (COP) for SPVHPs at 10 CFR
429.43(b)(2)(vi)(B). Id. DOE also proposed to move the existing text in
10 CFR 429.43(b)(2)(v) and 10 CFR 429.43(b)(2)(vi) to 10 CFR
429.43(b)(2)(v)(A) and 10 CFR 429.43(b)(2)(vi)(A), respectively. DOE
requested comments on its proposed certification requirements for SPVUs
of all rated capacities when certifying compliance with IEER standards.
Id.
AHRI commented that the ``Action'' field was inadvertently omitted
from the draft template and stated that this field is standard for DOE
templates and needs to be included in the final version. (AHRI, No. 18
at p. 12) During the NOPR public meeting, AHRI stated that the current
template for SPVUs does not have a distinction between weatherized or
non-weatherized equipment and added that the certification templates
should be published closer to the final rule that actually adopt the
changes. (AHRI, Public Meeting Transcript, No. 6 at pp. 62-63) However,
in its written comment, AHRI stated that it understands the proposed
additional certification requirements for SPVUs are necessary based on
the definitions adopted in the test procedure final rule (AHRI, No. 18
at p. 12)
ASAP et al. commented by providing the following suggested
editorial changes to the regulatory text proposed in the September 2023
CCE NOPR at 10 CFR 429.43(b)(2)(v)(B) and 10 CFR 429.43(b)(2)(vi)(B):
removing the word ``rate'' from ``airflow rate of outdoor ventilation
air.'' (ASAP et al., No. 14 at p. 4)
Regarding the proposed regulatory text at 10 CFR
429.43(b)(4)(vii)(B), ASAP et al. commented that the draft
certification template for SPVACs did not include a field to report the
compressor break-in period duration. (ASAP et al., No. 14 at p. 5)
With regards to AHRI's comment that the ``Action'' field was
inadvertently omitted from the draft template, DOE notes that the
``Action'' column will be included in the final template that is posted
for use. With regards to AHRI's comment that there was no distinction
in the template for weatherized or non-weatherized, DOE notes that this
was included in the draft certification template column headers
published along with the September 2023 CCE NOPR in the docket for this
rulemaking and that AHRI did not comment on any issues concerning the
distinction for weatherized and non-weatherized in its written comment.
In reference to ASAP et al.'s comment that the template did not include
a field to report the break-in period, DOE notes that the proposed
requirements would include the compressor break-in period in the
supplemental testing instructions. Finally, with respect to ASAP et
al.'s recommendation to remove the word ``rate'' from DOE's proposed
language in 10 CFR 429.43, DOE notes that the term ``airflow rate'' is
used throughout AHRI 390-2021, which is the industry test procedure
incorporated by reference by DOE for SPVUs. As a result, to prevent
confusion and to maintain consistency with the prevailing industry test
standard, DOE is maintaining the language as proposed.
Therefore, for the reasons discussed, DOE is adopting this
amendment as proposed in the September 2023 CCE NOPR.
b. Additional Certification Reporting Requirements for SPVUs With a
Cooling Capacity <65,000 Btu/h
As discussed previously, DOE added definitions at 10 CFR 431.92 for
single-phase SPVACs and SPVHPs with a cooling capacity less than 65,000
Btu/h. For non-weatherized equipment, the definition requires these
SPVUs to have the capability to draw in and condition up to 400 CFM of
outdoor air. The method for determining this outdoor ventilation
airflow rate is provided at 10 CFR 429.134(x)(3). In the September 2023
CCE NOPR, DOE proposed to require single-phase SPVAC and SPVHP with
cooling capacity less than 65,000 Btu/h to report whether the unit is
weatherized or non-weatherized, and if non-weatherized, the amount of
outdoor air it is capable of drawing in and conditioning while the
equipment is operating with the same drive kit and motor settings used
to determine its certified efficiency rating. 88 FR 67458, 67489. DOE
noted that these requirements would apply when certifying compliance
with energy conservation standards denominated in terms of IEER, should
DOE adopt such standards. Id. at 88 FR 67489-67490. DOE requested
comment on these proposed additional reporting requirements for SPVUs.
Id.
AHRI commented that it did not oppose DOE's proposed certification
requirements for SPVUs of all rated capacities when certifying
compliance with IEER standards. (AHRI, No. 18 at p. 12)
For the reasons discussed in the preceding paragraphs and the
September 2023 CCE NOPR, DOE is adopting this amendment as proposed in
the September 2023 CCE NOPR.
c. Updating Supplemental Testing Instructions for SPVACs and SPVHPs
Manufacturers of SPVUs are currently required to submit
Supplemental Testing Instructions (``STIs'') regarding: additional test
instructions if applicable;
[[Page 82051]]
if a variety of motors/drive kits are offered for sale as options in
the basic model to account for varying installation requirements, the
model number and specifications of the motor (to include efficiency,
horsepower, open/closed, and number of poles) and the drive kit,
including settings, associated with that specific motor that were used
to determine the certified rating; and which, if any, special features
were included in rating the basic model. 10 CFR 429.43(b)(4)(vi) and
(b)(4)(vii). In the September 2023 CCE NOPR, DOE proposed to further
specify the information manufacturers must report in their STIs that
would enable the independent testing of the relevant equipment to the
updated test procedure in terms of IEER, including requirements to
report compressor break-in period and outdoor air-side attachments, and
aligning with corresponding requirements for CUACs, where appropriate.
88 FR 67458, 67490.
In all, DOE proposed to maintain the current requirements of 10 CFR
429.43(b)(4)(vi) and (b)(4)(vii), but move them to 10 CFR
429.43(b)(4)(vi)(A) and (b)(4)(vii)(A) respectively for EER
certification. Id. DOE proposed to add new provisions for SPVACs and
SPVHPs in 10 CFR 429.43(b)(4)(vi)(B) and (b)(4)(vii)(B) for IEER
certification to require: Compressor break-in period duration; rated
indoor airflow in standard cubic feet per minute (``SCFM''); frequency
or control set points, including the required dip switch/control
settings for step or variable-speed components (e.g., compressors,
VFDs); rated indoor airflow in SCFM for each part-load point used in
the IEER calculation and any special instructions required to obtain
operation at each part-load point, such as frequency or control set
points including dip switch/control settings for step or variable-speed
components (e.g., compressors, VFDs); a statement whether the model
will operate at test conditions without manufacturer programming; any
additional testing instructions, if applicable; and if a variety of
motors/drive kits are offered for sale as options in the basic model to
account for varying installation requirements, the model number and
specifications of the motor (to include efficiency, horsepower, open/
closed, and number of poles) and the drive kit, including settings,
associated with that specific motor that were used to determine the
certified rating; outdoor air-side attachments used for testing, or any
additional applicable testing instructions, are also required. Id.
Additionally, for SPVHPs, DOE proposed to add a requirement in 10 CFR
429.43(b)(4)(vii)(B) for the rated airflow in SCFM in heating mode if
the unit is designed to operate with different airflow rates for
cooling and heating mode. Id.
In the September 2023 CCE NOPR DOE noted that the proposed
certification requirements provide further direction to the existing
requirements and would not result in significant additional burden for
manufacturers. Id. DOE stated that where it identified specific test-
related information, the relevant information is already collected by
or available to the manufacturer, and that as such, reporting that
information to DOE would result in minimal additional burden. Id. DOE
requested comment on these proposed requirements. Id.
AHRI commented in support of DOE's proposed supplemental testing
instructions requirements for SPVUs when certifying compliance with
IEER standards, should such standards be adopted. (AHRI, No. 18 at p.
12)
For the reasons discussed in the preceding paragraphs and the
September 2023 CCE NOPR, DOE is adopting this requirement as proposed
in the September 2023 CCE NOPR.
d. AEDM Tolerance for IEER
DOE's existing testing regulations allow the use of an AEDM, in
lieu of testing, to simulate the efficiency of SPVUs. 10 CFR 429.43(a).
For models certified with an AEDM, results from DOE verification tests
are subject to certain tolerances when compared to certified ratings.
Currently, DOE specifies a 5-percent tolerance for SPVUs verification
tests for both EER and COP, identical to the current tolerance
specified for these single-point metrics for other categories of
commercial air conditioners and heat pumps. See table 2 to paragraph
(c)(5)(vi)(B) at 10 CFR 429.70. For integrated seasonal metrics (i.e.,
IEER) for other categories of commercial air conditioners and heat
pumps, DOE specifies a 10-percent tolerance. See Id. In alignment with
such tolerances, in the September 2023 CCE NOPR, DOE proposed to
specify a 10-percent tolerance for IEER for SPVUs in Table 2 to
paragraph (c)(5)(vi)(B) at 10 CFR 429.70. 88 FR 67458, 67490. DOE
requested comment on this proposed IEER AEDM tolerance for SPVUs. Id.
AHRI commented in support of DOE's proposal to specify a tolerance
of 10 percent for SPVU verification tests for IEER. (AHRI, No. 18 at p.
12)
For the reasons discussed in the preceding paragraphs and the
September 2023 CCE NOPR, DOE is adopting this requirement for AEDM
tolerances for SPVUs as proposed in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
In the September 2023 NOPR, DOE proposed to align SPVU
certification reporting requirements with the amended energy
conservation standards proposed in the December 2022 SPVU ECS NOPR. 88
FR 67458, 67490.
DOE stated that it tentatively determined these proposed amendments
would not impose additional costs for manufacturers, because
manufacturers of SPVUs are already submitting certification reports to
DOE and should have readily available the information that DOE is
proposing to collect as part of this rulemaking. DOE stated that it did
not believe the revised reporting requirements will cause any
appreciable change in reporting burden or hours as compared to what
SPVU manufacturers are currently doing. Id.
AHRI restated its opposition to what it perceives as the
reclassification of SPVUs as CAC/HPs due to the financial impact to
manufacturers since this equipment had been tested, rated, marketed,
sold, and installed as SPVUs. AHRI commented that manufacturers did not
have testing to a different standard readily available and proposed
amendments would impose additional costs for manufacturers. AHRI
commented this reclassification of SPVUs as CAC/HPs would appreciably
change reporting burden or hours as compared to what SPVU manufacturers
are currently doing. (AHRI, No. 18 at pp. 12-13)
As discussed in the December 2022 SPVU Test Procedure Final Rule,
the new definitions do not reclassify any products; DOE concluded that
any products not meeting the SPVU definitions should have been properly
classified as consumer products. (See 87 FR 75144, 75147-75152 for more
details.) Consequently, DOE disagrees with AHRI's characterization of
this situation, and the Department again concludes that the proposals
from the September 2023 NOPR would not alter burden for manufacturers
of SPVUs and do not reclassify any models.
Therefore, in this final rule, DOE makes a final determination that
these amendments would not cause any measurable change in reporting
burden or hours for SPVU manufacturers. Compliance with these amended
reporting requirements is not required until the compliance date of
amended energy conservation standards denominated in terms of IEER, if
adopted.
[[Page 82052]]
U. Ceiling Fan Light Kits
DOE is amending the reporting requirements for CFLKs, which DOE
defines as equipment designed to provide light from a ceiling fan that
can be (1) integral, such that the equipment is attached to the ceiling
fan prior to the time of retail sale; or (2) attachable, such that at
the time of retail sale the equipment is not physically attached to the
ceiling fan, but may be included inside the ceiling fan at the time of
sale or sold separately for subsequent attachment to the fan. 10 CFR
430.2.
1. Reporting
In 10 CFR 429.33(b)(2)(ii)(A) and (b)(3)(ii)(B), DOE specifies
information that must be included in the certification report for each
basic model of CFLK manufactured on or after January 21, 2020. These
paragraphs specify these requirements ``for each basic model of lamp
and/or each basic model of non-consumer-replaceable SSL packaged with
the ceiling fan light kit.'' On April 10, 2023, DOE published a final
rule amending CFLK test procedures (``April 2023 CFLK TP Final Rule'').
88 FR 21061. In the April 2023 CFLK TP Final Rule, to clarify
terminology used in the test procedure, DOE replaced the terms ``other
SSL products'' and ``integrated SSL circuitry'' with, respectively,
``consumer-replaceable SSL'' and ``non-consumer-replaceable SSL'' in
the CFLK test procedure appendix, 10 CFR 429.33, 10 CFR 430.23(x), and
10 CFR 430.32(s)(6). 88 FR 21061, 21067-21068. Because 10 CFR
429.33(b)(2)(ii)(A) and (b)(3)(ii)(B) only specified ``integrated SSL
circuitry'' and omitted ``other SSL products,'' the April 2023 CFLK TP
Final Rule only replaced ``integrated SSL circuitry'' with ``non-
consumer-replaceable SSL'' and did not include ``consumer replaceable
SSL,'' the replacement term for ``other SSL products.'' 88 FR 21061,
21072. Hence, CFLKs packaged with consumer-replaceable SSL are
inadvertently omitted from this language. In the September 2023 CCE
NOPR, DOE proposed to modify this language to include them and read as
follows, ``for each basic model of lamp, each basic model of consumer-
replaceable SSL, and/or each basic model of non-consumer-replaceable
SSL packaged with the ceiling fan light kit.'' 88 FR 67458, 67491. DOE
stated that this proposed modification to 10 CFR 429.33(b)(2)(ii)(A)
and (b)(3)(ii)(B) would ensure that all types of CFLKs are explicitly
included in certification requirements. Id. DOE requested comment on
this proposed modification. Id.
ALA commented that it appreciates DOE's attempt to eliminate
confusion created by terminology and definition changes that were
finalized in the April 2023 CFLK TP Final Rule. ALA stated it also
appreciates that DOE did not change the certification requirements for
CFLKs. (ALA, No. 7 at p. 2)
For the reasons discussed in the prior paragraphs and in the
September 2023 CCE NOPR, in this final rule DOE is adopting the
corrections to 10 CFR 429.33(b)(2)(ii)(A) and (b)(3)(ii)(B) for CFLKs
as proposed in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR, DOE proposed to correct the
existing certification reporting requirements for CFLKs manufactured on
or after January 21, 2020. 88 FR 67458, 67491.
In the September 2023 CCE NOPR, DOE tentatively determined that
these proposed amendments would not impose additional costs for
manufacturers because manufacturers of CFLKs are already submitting
certification reports to DOE and should have readily available the
information that DOE was proposing to collect as part of this
rulemaking. 88 FR 67458, 67491. DOE stated that it did not believe the
revised reporting requirements would cause any appreciable change in
reporting burden or hours as compared to what CFLK manufacturers are
currently doing today. Id.
AHRI and ALA commented that any changes to a certification template
can impact manufacturer burden by increasing administrative work and
affecting timing as it relates to certifying and reporting to DOE.
(AHRI, Public Meeting Transcript, No. 6 at p. 66; ALA, Public Meeting
Transcript, No. 6 at pp. 64-65; ALA, No. 7 at p.1) AHRI further stated
that small changes, including changing the text and template number,
impact timing. (AHRI, Public Meeting Transcript, No. 6 at pp. 65-66)
ALA agreed with DOE that as long as no change is made to the current
certification template, there will be no additional costs incurred by
manufacturers. (ALA, No. 7 at p.2)
DOE is not planning to issue a revised template version based on
the amendments to CFLK certification requirements being adopted in this
final rule. Given that DOE is not revising the template, DOE maintains
it findings from the September 2023 NOPR that the amendments to CFLK
reporting requirements being adopted will not impose additional costs
for manufacturers, nor will they cause any appreciable change in
reporting burden or hours as compared to what CFLK manufacturers are
currently doing today.
V. General Service Lamps
DOE defines a ``general service lamp'' as a lamp that has an
American National Standards Institute (``ANSI'') base; is able to
operate at a voltage of 12 volts or 24 volts, at or between 100 to 130
volts, at or between 220 to 240 volts, or of 277 volts for integrated
lamps, or is able to operate at any voltage for non-integrated lamps;
has an initial lumen output of greater than or equal to 310 lumens (or
232 lumens for modified spectrum general service incandescent lamps)
and less than or equal to 3,300 lumens; is not a light fixture; is not
an LED downlight retrofit kit; is used in general lighting
applications; and is not one of the 26 lamp types exempted from the
definition. (See 10 CFR 430.2 for the full definition.)
On May 9, 2022, DOE published in the Federal Register a final rule
codifying the 45 lm/W backstop requirement for GSLs that Congress
prescribed in amendments to EPCA (``May 2022 GSL Backstop Rule''). 89
FR 27439. In that rule, DOE explained it would issue a separate
enforcement policy informed by the comments received in response to the
rulemaking. Id. at 89 FR 27452. DOE issued a phased-in enforcement
policy \43\ for the GSL backstop requirement. For manufacturers
(including importers) and private labelers, the policy set forth: (1) a
period of enforcement leniency from the effective date of the final
rule that codified the backstop through August 31, 2022; (2) a period
of progressive enforcement consisting of warning notices and then
reduced penalties from September 1, 2022 through December 31, 2022, and
(3) end of enforcement flexibilities January 1, 2023. For distributors
and retailers, this timeline was adjusted by seven months, beginning
with warning notices in January 2023, progressing to reduced penalties
two months later, and culminating in full enforcement in July 2023. On
October 14, 2022, DOE issued a guidance document \44\ stating that
manufacturers and importers are not currently required to certify
compliance to the GSL backstop requirement and that DOE may address the
certification requirements for the backstop in a separate, future
rulemaking. DOE had previously established reporting
[[Page 82053]]
requirements for GSLs at 10 CFR 429.57 in a test procedure final rule
published in the Federal Register on October 20, 2016. 81 FR 72493,
72503.
---------------------------------------------------------------------------
\43\ See https://www.energy.gov/sites/default/files/2022-04/GSL_EnforcementPolicy_4_25_22.pdf.
\44\ See https://www1.eere.energy.gov/buildings/appliance_standards/pdfs/GSL_Cert_Guidance_Final.pdf.
---------------------------------------------------------------------------
Because DOE has reached the full enforcement phase of the previous
enforcement policy as described in the previous paragraph, in this
final rule, DOE is clarifying that manufacturers and importers must
certify compliance to the backstop requirement for GSLs. As stated,
certification and reporting requirements for GSLs can be found at 10
CFR 429.57. DOE is not establishing or amending any regulations
regarding GSLs in this final rule, but is clarifying the applicability
of the existing regulations in the context of the previous enforcement
policy and guidance document. Because the enforcement policy and
guidance document are no longer applicable, DOE is rescinding these
documents concurrent with this final rule.
Similar to the reporting requirements for other products and
equipment established in this final rule, DOE is allowing manufacturers
a 210-day transition period after publication of this final rule before
certification reports must be submitted to DOE. As stated, the
certification and reporting requirements for GSLs currently exist in 10
CFR 429.57. DOE will use enforcement discretion for the 210-day
transition period to allow GSL manufacturers time to comply with the
existing requirements. Sellers (who are not ``manufacturers'' under
EPCA) will not be required to certify compliance to the backstop
requirement for GSLs, but must ensure that GSLs available for sale
comply with the energy conservation standards specified at 10 CFR
430.32(dd).
W. Additional Corrections
10 CFR 429.12(i) includes the compliance dates for certain
products. Specifically, the instructions state that for any product
subject to an applicable energy conservation standard for which the
compliance date has not yet occurred, the manufacturer must submit a
certification report no later than the compliance date for the
applicable energy conservation standard. However, for the covered
products currently listed in 10 CFR 429.12(i), the compliance dates for
initial certification have already occurred. Accordingly, in the
September 2023 CCE NOPR, DOE proposed to remove the covered products
and associated compliance dates in 10 CFR 429.12(i)(1)-(5). 88 FR
67458, 67491. DOE also proposed to add three new paragraphs at 10 CFR
429.12(i)(1)-(3) for air cleaners, DPPPMs, and DX-DOASes. Id. DOE noted
that initial certification would be required by December 31, 2023 for
air cleaners and May 1, 2024 for DX-DOASes, and 24 months after date of
publication of a final rule amending DPPPM standards for DPPPMs. Id.
DOE did not receive any comments on the proposed amendments to 10
CFR 429.12(i). However, DOE notes that since publication of the
September 2023 CCE NOPR, DOE published the September 2023 DPPPM Final
Rule which established a compliance date of September 29, 2025 for
DPPPMs <0.5 THP and for DPPPMs >=1.15 THP and <=5 THP and a compliance
date of September 28, 2027 for DPPPMs >=0.5 THP and <1.15 THP.
Accordingly, in this final rule, DOE is adopting the initial
certification date of September 29, 2025 for DPPPMs <0.5 THP and for
DPPPMs >=1.15 THP and <=5 THP and the initial certification date of
September 28, 2027 for DPPPMs >=0.5 THP and <1.15 THP, consistent with
the September 2023 DPPPM Final Rule.
Additionally, DOE notes that the December 31, 2023, initial
certification date for air cleaners that was proposed in the September
2023 CCE NOPR has now passed. As this subparagraph includes initial
certification dates for products subject to an applicable energy
conservation standard for which the compliance date has not yet
occurred and the compliance date for air cleaners has now occurred,
including this initial certification date as proposed could potentially
cause confusion. Therefore, DOE is not including the initial
certification date for air cleaners in 10 CFR 429.12(i) as proposed in
the September 2023 CCE NOPR. As stated in section III.S.2 of this
notice, initial certification with the newly adopted certification
requirements for air cleaners is not required until 210 days after
publication of this final rule.
The initial certification date for DX-DOASes is being finalized as
proposed in the September 2023 CCE NOPR.
DOE provides definitions related to the energy efficiency program
for certain commercial and industrial equipment in 10 CFR 431.2. In
this section, DOE has identified updates needed in two definitions. The
definition for ``covered equipment'' lists covered equipment and notes
where the covered equipment term is defined within 10 CFR. The term
``Commercial heating, ventilating, and air conditioning, and water
heating product (HVAC & WH product)'' is included in this list and
refers to this term as defined in 10 CFR 431.172. However, this term is
defined in 10 CFR 431.2, rather than 10 CFR 431.172. As such, in the
September 2023 CCE NOPR, DOE proposed to update the definition for
``covered equipment'' to update the reference to the definition for
``commercial heating, ventilating, and air conditioning, and water
heating product'' in 10 CFR 431.2. 88 FR 67458, 67491.
Additionally, the definition of ``covered equipment'' in 10 CFR
431.2 is intended to reference each equipment type covered within 10
CFR part 431. The current definition does not include all covered
equipment types. Therefore, in the September 2023 CCE NOPR, DOE
proposed to add these equipment types and their corresponding
definition section references within the definition of covered
equipment in 10 CFR 431.2. Id. Specifically, DOE proposes to add
references to: fan or blower, as defined in 10 CFR 431.172; compressor,
as defined in 10 CFR 431.342; small electric motor, as defined in 10
CFR 431.442; pump, as defined in 10 CFR 431.462; and dedicated purpose
pool pump motor, as defined in 10 CFR 431.483. Id.
DOE did not receive any comments on its proposal to amend the
definition for ``covered equipment'' in 10 CFR 431.2. For the reasons
discussed in the preceding paragraphs and the September 2023 CCE NOPR,
DOE is adopting the amended definition of ``covered equipment'' in 10
CFR 431.2 as discussed in the September 2023 CCE NOPR.
X. Revised Certification Templates
DOE notes that the Department strives to finalize certification
templates as expeditiously as possible, in order to provide certifiers
sufficient time to prepare for the compliance dates of any upcoming
amended energy conservation standards. The specific templates that must
be used for certifying compliance of covered products and equipment to
DOE are available for download at www.regulations.doe.gov/ccms/templates.
Y. Effective and Compliance Dates
The effective date for the adopted reporting requirement amendments
will be 75 days after publication of this final rule in the Federal
Register. Submission of the data specified by the amended reporting
provisions will be required for the applicable certification reports
that are required to be submitted under 10 CFR 429.12 beginning 210
days following publication of this final rule in the Federal Register,
when certifying compliance with the next annual certification report
filing date to occur on or after 210 days following publication of this
final rule in the Federal Register, or upon the compliance date of any
associated
[[Page 82054]]
energy conservation standards, as outlined for each product or
equipment type in each applicable subsection of section III of this
document. However, certification reports may be submitted in accordance
with these amended requirements prior to the compliance date if the
manufacturer elects to do so.
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866, 13563, and 14094
Executive Order (``E.O.'') 12866, ``Regulatory Planning and
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving
Regulation and Regulatory Review,'' 76 FR 3821 (Jan. 21, 2011) and
amended by E.O. 14094, ``Modernizing Regulatory Review,'' 88 FR 21879
(April 11, 2023), requires agencies, to the extent permitted by law, to
(1) propose or adopt a regulation only upon a reasoned determination
that its benefits justify its costs (recognizing that some benefits and
costs are difficult to quantify); (2) tailor regulations to impose the
least burden on society, consistent with obtaining regulatory
objectives, taking into account, among other things, and to the extent
practicable, the costs of cumulative regulations; (3) select, in
choosing among alternative regulatory approaches, those approaches that
maximize net benefits (including potential economic, environmental,
public health and safety, and other advantages; distributive impacts;
and equity); (4) to the extent feasible, specify performance
objectives, rather than specifying the behavior or manner of compliance
that regulated entities must adopt; and (5) identify and assess
available alternatives to direct regulation, including providing
economic incentives to encourage the desired behavior, such as user
fees or marketable permits, or providing information upon which choices
can be made by the public. DOE emphasizes as well that E.O. 13563
requires agencies to use the best available techniques to quantify
anticipated present and future benefits and costs as accurately as
possible. In its guidance, the Office of Information and Regulatory
Affairs (``OIRA'') in the Office of Management and Budget (``OMB'') has
emphasized that such techniques may include identifying changing future
compliance costs that might result from technological innovation or
anticipated behavioral changes. For the reasons stated in the preamble,
this final regulatory action is consistent with these principles.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to OIRA for review. OIRA has
determined that this final regulatory action does not constitute a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, this action was not submitted to OIRA for review under
E.O. 12866.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of a final regulatory flexibility analysis (FRFA) for any
final rule where the agency was first required by law to publish a
proposed rule 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 website: www.energy.gov/gc/office-general-counsel. DOE reviewed this final rule under the
provisions of the Regulatory Flexibility Act and the procedures and
policies published on February 19, 2003.
DOE has concluded that the removal of outdated reporting
requirements and the addition of new reporting requirements adopted in
this final rule will not impose additional costs for manufacturers of
CAC/HPs, DWs, RCWs, dehumidifiers, EPSs, battery chargers, CRACs,
three-phase, less than 65,000 Btu/h ACUACs and ACUHPs, three-phase,
less than 65,000 Btu/h VRF, ACIMs, walk-ins, commercial and industrial
pumps, portable ACs, compressors, SPVUs, and CFLKs for the reasons
discussed in section III of this document. For these products and
equipment, DOE has determined that the amendments will not impose
additional costs for manufacturers because manufacturers are already
submitting certification reports to DOE and should have readily
available the information that DOE is requiring as part of this
rulemaking. For GSLs, DOE is not changing reporting requirements and
only specifying compliance with existing ones. Consequently, for these
types of covered products and equipment, the changes in this final rule
are not expected to have a significant economic impact on related
entities regardless of size.
For electric pool heaters, no certification is currently required.
This final rule is adding reporting requirements to align with the
amended energy conservation standards finalized in the May 2023 Pool
Heaters Final Rule, which established new and amended energy
conservation standards for electric pool heaters. 88 FR 34624.
Therefore, electric pool heater manufacturers will incur additional
paperwork costs. Consumer pool heaters are classified under NAICS code
333414, ``heating equipment (except warm air furnaces) manufacturing.''
The SBA sets a threshold of 500 employees or fewer for an entity to be
considered as a small business for this category. DOE used publicly
available information to identify potential small manufacturers. DOE's
research involved industry trade association membership directories
(e.g., AHRI), information from previous rulemakings, individual company
websites, and market research tools (e.g., D&B Hoovers reports) to
create a list of companies that manufacture consumer pool heaters. DOE
also asked stakeholders and industry representatives if they were aware
of any additional small manufacturers during manufacturer interviews.
DOE reviewed publicly available data and contacted various companies on
its complete list of manufacturers to determine whether they met the
SBA's definition of a small business manufacturer. DOE screened out
companies that do not offer products impacted by this rulemaking, do
not meet the definition of a ``small business,'' or are foreign-owned
and operated. DOE identified 21 companies manufacturing consumer pool
heaters covered by this proposed rulemaking. Of these manufacturers,
DOE identified six as domestic small businesses. None of these six
businesses manufacture gas fired pool heaters. Five manufacture
electric heat pump pool heaters and one manufactures electric
resistance pool heaters. DOE estimates that the increased certification
burden would result in 35 hours per manufacturer to develop the
required certification reports. Therefore, based on a fully burdened
labor rate of $73 per hour, the estimated total annual cost to
manufacturers would be $2,555 per manufacturer.\45\ Using available
public information, DOE estimated the average
[[Page 82055]]
annual revenue of the six small businesses. Among the small businesses,
the lowest estimated annual revenue was approximately $259,000--
therefore, this additional certification cost of $2,555 per
manufacturer represents less than 1 percent of the identified
manufacturer's annual revenue.
---------------------------------------------------------------------------
\45\ Supporting Statement for Certification Reports, Compliance
Statements, Application for a Test Procedure Waiver, and Recording
keeping for Consumer Products and Commercial Equipment Subject to
Energy or Water Conservation Standards. Available at omb.report/omb/
1910-1400.
---------------------------------------------------------------------------
Additionally, for DX-DOASes, no certification is currently
required. This final rule is adding reporting requirements to align
with the new energy conservation standards. 10 CFR 431.97(g).
Therefore, DX-DOASes manufacturers will incur additional paperwork
costs as well. DX-DOASes are classified under NAICS code 333415,\46\
``Air-Conditioning and Warm Air Heating Equipment and Commercial and
Industrial Refrigeration Equipment Manufacturing.'' The SBA sets a
threshold of 1,250 employees or fewer for an entity to be considered as
a small business for this category. In reviewing the DX-DOAS market,
DOE used company websites, marketing research tools, product
catalogues, and other public information to identify companies that
manufacture DX-DOASes. DOE screened out companies that do not meet the
definition of ``small business'' or are foreign-owned and operated. DOE
used subscription-based business information tools to determine
headcount, revenue, and geographic presence of the small businesses.
DOE identified twelve companies manufacturing DX-DOASes covered by this
rulemaking. Of these manufacturers, DOE identified one as a domestic
small business. DOE estimates that the increased certification burden
would result in 35 hours per manufacturer to develop the required
certification reports. Therefore, based on a fully burdened labor rate
of $73 per hour, the estimated total annual cost to manufacturers would
be $2,555 per manufacturer.\47\ DOE understands the annual revenue of
the small business that manufactures DX-DOASes to be approximately $66
million. 87 FR 5560, 5584. Therefore, this additional certification
cost of $2,555 per manufacturer represents significantly less than 1
percent of the identified manufacturer's annual revenue.
---------------------------------------------------------------------------
\46\ The business size standards are listed by NAICS code and
industry description and are available at www.sba.gov/document/support-table-size-standards (last Accessed July 29th, 2021).
\47\ Supporting Statement for Certification Reports, Compliance
Statements, Application for a Test Procedure Waiver, and Recording
keeping for Consumer Products and Commercial Equipment Subject to
Energy or Water Conservation Standards. Available at omb.report/omb/
1910-1400.
---------------------------------------------------------------------------
This document also adopts certification reporting requirements for
commercial electric instantaneous water heaters, which align with the
previously inadvertently omitted energy conservation standards put in
place by EPCA and adopted in the October 2023 CWH Final Rule. 88 FR
69686. As a result, commercial electric instantaneous water heater
manufacturers will incur additional paperwork costs. CWHs are
classified under NAICS code 333310,\48\ ``Commercial and Service
Industry Machinery Manufacturing.'' In 13 CFR 121.201, the SBA sets a
threshold of 1,000 employees or fewer for an entity to be considered as
a small business for this category. DOE's analysis relied on publicly
available databases to identify potential small businesses that
manufacture equipment covered in this rulemaking. DOE utilized the
California Energy Commission's MAEDbS,\49\ DOE's ENERGY STAR
Database,\50\ and DOE's CCD \51\ in identifying manufacturers. DOE's
research identified nine original equipment manufacturers (``OEMs'') of
commercial electric instantaneous water heaters being sold in the U.S.
market. Of these nine companies, DOE identified three as domestic small
businesses. The small businesses do not currently certify any other
CWHs to DOE's Compliance Certification Management System (``CCMS'').
DOE estimates that the increased certification burden would result in
35 hours per manufacturer to develop the required certification
reports. Therefore, based on a fully burdened labor rate of $73 per
hour, the estimated total annual cost to manufacturers would be $2,555
per manufacturer.\52\ Using available public information, DOE estimated
the annual revenue for all three small businesses that manufacture
commercial electric instantaneous water heaters. The small business
with the least annual revenue has an annual revenue of approximately
$10,400,000. Therefore, this additional certification cost of $2,555
per manufacturer represents significantly less than 1 percent of each
identified manufacturer's annual revenue.
---------------------------------------------------------------------------
\48\ The business size standards are listed by NAICS code and
industry description and are available at www.sba.gov/document/support-table-size-standards (last accessed March 7, 2023).
\49\ MAEDbS can be accessed at https://www.energy.ca.gov/programs-and-topics/programs/appliance-efficiency-program-outreach-and-education/modernized (last accessed July 15, 2021).
\50\ ENERGY STAR-certified products can be found in the ENERGY
STAR database accessed at www.energystar.gov/productfinder/product/certified-commercial-water-heaters/results (last accessed July 15,
2021).
\51\ Certified equipment in the CCD are listed by product class
and can be accessed at www.regulations.doe.gov/certification-data/#q=Product_Group_s%3A* (last accessed July 15, 2021).
\52\ Supporting Statement for Certification Reports, Compliance
Statements, Application for a Test Procedure Waiver, and Recording
keeping for Consumer Products and Commercial Equipment Subject to
Energy or Water Conservation Standards. Available at omb.report/omb/
1910-1400.
---------------------------------------------------------------------------
For DPPPMs, no certification is currently required. This final rule
is adding reporting requirements to align with the energy conservation
standards adopted in the September 2023 DPPPM Final Rule. 88 FR 66966.
Therefore, DPPPM manufacturers will incur additional paperwork costs.
DPPPMs are classified under NAICS code 335312, ``Motor and Generator
Manufacturing.'' The SBA sets a threshold of 1,250 employees or fewer
for an entity to be considered as a small business in this category.
DOE screened out companies that do not offer products impacted by this
rulemaking, do not meet the definition of a ``small business,'' or are
foreign-owned and operated. DOE identified five companies manufacturing
DPPPMs for the domestic market. Of those, DOE determined that one
company met the SBA definition of a small business. DOE estimates that
the increased certification burden would result in 35 hours per
manufacturer to develop the required certification reports annually.
Therefore, based on a fully burdened labor rate of $73 per hour, the
estimated total annual cost to manufacturers would be $2,555 per
manufacturer.\53\ DOE was able to identify an annual revenue estimate
of approximately $28.2 million for the small business.\54\ Therefore,
this additional certification cost of $2,555 per manufacturer
represents significantly less than 1 percent of the identified
manufacturer's annual revenue.
---------------------------------------------------------------------------
\53\ Supporting Statement for Certification Reports, Compliance
Statements, Application for a Test Procedure Waiver, and Recording
keeping for Consumer Products and Commercial Equipment Subject to
Energy or Water Conservation Standards. Available at omb.report/omb/
1910-1400.
\54\ The small business's annual revenue estimate is taken from
D&B Hoovers (app.avention.com).
---------------------------------------------------------------------------
This final rule also adds reporting requirements to align with the
energy conservation standards established in the April 2023 Air
Cleaners DFR, which developed new energy conservation standards for air
cleaners. Therefore, air cleaner manufacturers will incur additional
paperwork costs. Air cleaners are classified under NAICS code 335210,
``Small Electrical Appliance Manufacturing.'' The SBA sets a threshold
of 1,500 employees or fewer for an entity to be considered as a small
business for this category. DOE conducted a market survey to identify
[[Page 82056]]
potential small manufacturers of air cleaners. DOE began its assessment
by reviewing Association of Home Appliance Manufacturers' (AHAM's)
database \55\ of air cleaners, models in ENERGY STAR V.2.0,\56\
California Air Resources Board,\57\ and individual company websites.
DOE then consulted publicly available data, such as manufacturer
websites, manufacturer specifications and product literature, and
import/export logs (e.g., bills of lading from Panjiva) \58\, to
identify OEMs of air cleaners. DOE further relied on public data and
subscription-based market research tools (e.g., Dun & Bradstreet
reports) \59\ to determine company, location, headcount, and annual
revenue. DOE screened out companies that do not offer products covered
by this proposed rulemaking, do not meet the SBA's definition of a
``small business,'' or are foreign-owned and operated. DOE initially
identified 43 OEMs that sell air cleaners in the United States. Of the
43 OEMs identified, DOE tentatively determined four companies qualify
as small businesses and are not foreign-owned and operated. DOE
estimates that the increased certification burden would result in 35
hours per manufacturer to develop the required certification reports.
Therefore, based on a fully burdened labor rate of $73 per hour, the
estimated total annual cost to manufacturers would be $2,555 per
manufacturer.\60\ Using available public information, DOE estimated the
annual revenue for all four small businesses that manufacture air
cleaners. The small business with the least annual revenue has an
annual revenue of approximately $1.3 million. Therefore, this
additional certification cost of $2,555 per manufacturer represents
significantly less than 1 percent of each identified manufacturer's
annual revenue.
---------------------------------------------------------------------------
\55\ Association of Home Appliance Manufacturers. ``Find a
Certified Room Air Cleaner.'' Available at ahamverifide.org/directory-of-air-cleaners/ (last accessed Jan. 24, 2022).
\56\ Available at data.energystar.gov/Active-Specifications/ENERGY-STAR-Certified-Room-Air-Cleaners/jmck-i55n/data (last
accessed May 31, 2022).
\57\ The California Air Resources Board. ``List of CARB-
Certified Air Cleaning Devices.'' Available at ww2.arb.ca.gov/list-carb-certified-air-cleaning-devices (last accessed May 31, 2022).
\58\ S&P Global. Panjiva Market Intelligence is available at
panjiva.com/import-export/United-States (last accessed May 5, 2022).
\59\ The Dun & Bradstreet Hoovers login is available at
app.dnbhoovers.com.
\60\ Supporting Statement for Certification Reports, Compliance
Statements, Application for a Test Procedure Waiver, and Recording
keeping for Consumer Products and Commercial Equipment Subject to
Energy or Water Conservation Standards. Available at omb.report/omb/
1910-1400.
---------------------------------------------------------------------------
DOE reviewed this final rule under provisions of the Regulatory
Flexibility Act and the policies and procedures published on February
19, 2003. On the basis of the forgoing, DOE concludes that the impacts
of the amendments to DOE's certification regulations adopted in this
final rule will not have a ``significant economic impact on a
substantial number of small entities,'' and the preparation of a FRFA
is not warranted. DOE has submitted a certification and supporting
statement of factual basis to the Chief Counsel for Advocacy of the SBA
for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of CAC/HPs, DWs, RCWs, pool heaters, dehumidifiers,
EPSs, battery chargers, CRACs, DX-DOASes, three-phase, less than 65,000
Btu/h ACUACs and ACUHPs, three-phase, less than 65,000 Btu/h VRF, CWHs,
ACIMs, walk-ins, commercial and industrial pumps, portable ACs,\61\
compressors, DPPPMs, air cleaners, SPVUs, CFLKs, and GSLs must certify
to DOE that their products comply with any applicable energy
conservation standards. To certify compliance, manufacturers must first
obtain test data for their products according to the DOE test
procedures, including any amendments adopted for those test procedures.
DOE has established regulations for the certification and recordkeeping
requirements for all covered consumer products and commercial
equipment, including CAC/HPs, DWs, RCWs, pool heaters, dehumidifiers,
EPSs, battery chargers, CRACs, DX-DOASes, three-phase, less than 65,000
Btu/h ACUACs and ACUHPs, three-phase, less than 65,000 Btu/h VRF, CWHs,
ACIMs, walk-ins, commercial and industrial pumps, portable ACs,
compressors, DPPPMs, air cleaners, SPVUs, CFLKs, and GSLs. (See
generally 10 CFR part 429.) The collection-of-information requirement
for the certification and recordkeeping is subject to review and
approval by OMB under the PRA. This requirement has been approved by
OMB under OMB control number 1910-1400. Public reporting burden for the
certification is estimated to average 35 hours per response, including
the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information.
---------------------------------------------------------------------------
\61\ The certification reporting requirements for portable ACs
were established in the January 2020 Portable ACs ECS Final Rule.
However, the energy conversation standard for portable ACs does not
go into effect until January 2025, until which time manufacturers
may optionally submit certification reports to DOE.
---------------------------------------------------------------------------
1. Description of the Requirements
DOE is establishing or amending the reporting requirements for CAC/
HPs, DWs, RCWs, pool heaters, dehumidifiers, EPSs, battery chargers,
CRACs, DX-DOASes, three-phase, less than 65,000 Btu/h ACUACs and
ACUHPs, three-phase, less than 65,000 Btu/h VRF, CWHs, ACIMs, walk-ins,
commercial and industrial pumps, portable ACs, compressors, DPPPMs, air
cleaners, SPVUs, and CFLKs. For GSLs, DOE is not changing reporting
requirements and only specifying compliance with existing ones. DOE has
sent a revised information collection approval to OMB under the
existing Control Number 1910-1400. The revisions will just reflect the
changes finalized in this rulemaking as an amendment to the existing
information collection.
2. Method of Collection
DOE is requiring that respondents submit electronic forms using
DOE's online CCMS. DOE's CCMS is publicly accessible at
www.regulations.doe.gov/ccms/, and includes instructions for users,
registration forms, and the product-specific reporting templates
required for use when submitting information to CCMS.
3. Data
The following are DOE estimates of the total annual reporting and
recordkeeping burden imposed on manufacturers of CAC/HPs, DWs, RCWs,
pool heaters, dehumidifiers, EPSs, battery chargers, CRACs, DX-DOASes,
three-phase, less than 65,000 Btu/h ACUACs and ACUHPs, three-phase,
less than 65,000 Btu/h VRF, CWHs, ACIMs, walk-ins, commercial and
industrial pumps, portable ACs, compressors, DPPPMs, air cleaners,
SPVUs, and CFLKs subject to the new or amended certification reporting
requirements adopted in this final rule. These estimates take into
account the time necessary to develop any additional testing
documentation, maintain any additional documentation supporting the
development of the certified rating for each basic model, complete any
additional certification, and submit any additional required documents
to DOE electronically.
DOE has determined that these amendments will not impose additional
costs for manufacturers of CAC/HPs, DWs, RCWs, dehumidifiers, EPSs,
battery chargers, CRACs, three-phase, less than 65,000 Btu/h ACUACs and
[[Page 82057]]
ACUHPs, three-phase, less than 65,000 Btu/h VRF, electric storage CWHs,
ACIMs, walk-ins, commercial and industrial pumps, compressors, SPVUs,
and CFLKs because manufacturers of these products or equipment are
already submitting certification reports to DOE and should have readily
available the information that DOE is requiring as part of this
rulemaking. For GSLs, because DOE is not changing reporting
requirements and only specifying compliance with existing ones,
manufacturers should have readily available the information that DOE is
requiring. Additionally, for portable ACs, manufacturers may optionally
submit certification reports to DOE and the costs associated with
certification requirements for portable ACs were already accounted for
in the January 2020 Portable ACs ECS Final Rule.
DOE's amendments for the reporting requirements for pool heaters
will require new certification reporting for electric pool heater
manufacturers and importers. DOE estimates there are 18 manufacturers
of electric pool heaters that would have to submit annual certification
reports to DOE for those products based on the adopted reporting
requirements. Of these 18 manufacturers, four make both gas-fired and
electric pool heaters. Therefore, 14 do not currently certify gas-fired
pool heaters and would be required to begin submitting certification
reports for electric pool heaters. The following section estimates the
burden for these 14 electric pool heater manufacturers.
OMB Control Number: 1910-1400.
Form Number: DOE F 220.13.
Type of Review: Regular submission.
Affected Public: Domestic manufacturers and importers of electric
pool heaters covered by this rulemaking.
Estimated Number of Respondents: 14.
Estimated Time per Response: Certification reports, 35 hours.
Estimated Total Annual Burden Hours: 490.
Estimated Total Annual Cost to the Manufacturers: $35,770 in
recordkeeping/reporting costs.
DOE's addition of reporting requirements for direct expansion-
dedicated outdoor air systems will require new certification reporting
for direct expansion-dedicated outdoor air systems. DOE estimates there
are 12 manufacturers of direct expansion-dedicated outdoor air systems
that would have to submit annual certification reports to DOE for those
products based on the adopted reporting requirements. The following
section estimates the burden for these 12 direct expansion-dedicated
outdoor air system manufacturers.
OMB Control Number: 1910-1400.
Form Number: DOE F 220.96.
Type of Review: Regular submission.
Affected Public: Domestic manufacturers and importers of direct
expansion-dedicated outdoor air systems covered by this rulemaking.
Estimated Number of Respondents: 12.
Estimated Time per Response: Certification reports, 35 hours.
Estimated Total Annual Burden Hours: 420.
Estimated Total Annual Cost to the Manufacturers: $30,660 in
recordkeeping/reporting costs.
DOE's addition of reporting requirements for commercial electric
instantaneous water heaters will require new certification reporting
for commercial electric instantaneous water heaters. DOE estimates
there are nine manufacturers of commercial electric instantaneous water
heaters that would have to submit annual certification reports to DOE
for those products based on the adopted reporting requirements. The
following section estimates the burden for these nine commercial
electric instantaneous water heater manufacturers.
OMB Control Number: 1910-1400.
Form Number: DOE F 220.43.
Type of Review: Regular submission.
Affected Public: Domestic manufacturers and importers of commercial
electric instantaneous water heater manufacturers covered by this
rulemaking.
Estimated Number of Respondents: 9.
Estimated Time per Response: Certification reports, 35 hours.
Estimated Total Annual Burden Hours: 315.
Estimated Total Annual Cost to the Manufacturers: $22,995 in
recordkeeping/reporting costs.
DOE's addition of reporting requirements for dedicated-purpose pool
pump motors will require new certification reporting for dedicated-
purpose pool pump manufacturers and importers. DOE estimates there are
five manufacturers of dedicated-purpose pool pump motors that would
have to submit annual certification reports to DOE for those products
based on the adopted reporting requirements. The following section
estimates the burden for these five dedicated-purpose pool pump motor
manufacturers.
OMB Control Number: 1910-1400.
Form Number: DOE F 220.97.
Type of Review: Regular submission.
Affected Public: Domestic manufacturers and importers of dedicated-
purpose pool pump motors covered by this rulemaking.
Estimated Number of Respondents: 5.
Estimated Time per Response: Certification reports, 35 hours.
Estimated Total Annual Burden Hours: 175.
Estimated Total Annual Cost to the Manufacturers: $12,775 in
recordkeeping/reporting costs.
DOE's addition of reporting requirements for air cleaners will
require new certification reporting for air cleaner manufacturers and
importers. DOE estimates that there are 43 manufacturers of air
cleaners that would have to submit annual certification reports to DOE
for those products based on the adopted reporting requirements. The
following section estimates the burden for these 43 air cleaner
manufacturers.
OMB Control Number: 1910-1400.
Form Number: DOE F 220.100.
Type of Review: Regular submission.
Affected Public: Domestic manufacturers and importers of air
cleaners covered by this rulemaking.
Estimated Number of Respondents: 43.
Estimated Time per Response: Certification reports, 35 hours.
Estimated Total Annual Burden Hours: 1,505.
Estimated Total Annual Cost to the Manufacturers: $109,865 in
recordkeeping/reporting costs.
4. Conclusion
DOE has concluded that the removal of outdated reporting
requirements and the addition of reporting requirements as adopted in
this final rule will not impose additional costs for CAC/HPs, DWs,
RCWs, dehumidifiers, EPSs, battery chargers, CRACs, three-phase, less
than 65,000 Btu/h ACUACs and ACUHPs, three-phase, less than 65,000 Btu/
h VRF, electric storage CWHs, ACIMs, walk-ins, commercial and
industrial pumps, portable ACs, compressors, SPVUs, and CFLKs (see
sections III.B.2, III.C.2, III.D.2, III.F.2, III.G.2, III.H.2, III.I.2,
III.K.2, III.L.2, III.M.2, III.N.2, III.O.2, III.P.2, III.Q.2, III.T.2,
and III.U.2 of this document for a more complete discussion). For GSLs,
DOE is not changing reporting requirements and only specifying
compliance with existing ones (See section III.V of this document for a
more complete discussion). Furthermore, DOE has concluded that there
are 14 pool heater manufacturers, 12 DX-DOAS manufacturers, nine CWH
manufacturers, five DPPPM manufacturers, and 43 air cleaner
manufacturers that will have to submit new annual certification reports
to DOE for those products. For all other manufacturers of covered
products or
[[Page 82058]]
equipment described in this final rule, the public reporting burden for
certification remains unchanged.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of PRA, unless that collection of information displays a
currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this final rule, DOE establishes amended certification,
reporting, and labeling requirements for CAC/HPs, DWs, RCWs, pool
heaters, dehumidifiers, EPSs, battery chargers, CRACs, DX-DOASes,
three-phase, less than 65,000 Btu/h ACUACs and ACUHPs, three-phase,
less than 65,000 Btu/h VRF, CWHs, ACIMs, walk-ins, commercial and
industrial pumps, portable ACs, compressors, DPPPMs, air cleaners,
SPVUs, and CFLKs. For GSLs, DOE does not change reporting requirements
and only specifies compliance with existing ones. 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 regulations at 10
CFR part 1021. Specifically, DOE has determined that adopting amended
certification, reporting, and labeling requirements for consumer
products and industrial equipment is consistent with activities
identified in 10 CFR part 1021, appendix A to subpart D, A5 and A6.
Accordingly, neither an environmental assessment nor an environmental
impact statement is required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. The Executive order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. 65 FR 13735. DOE examined this final
rule and determined that it will not have a substantial direct effect
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this final rule. States can petition
DOE for exemption from such preemption to the extent, and based on
criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is
required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this final rule meets the relevant standards of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action resulting in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at www.energy.gov/gc/office-general-counsel. DOE examined this final
rule according to UMRA and its statement of policy and determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure of $100 million or more in any year,
so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This final rule will not have any impact on the autonomy or integrity
of the family as an institution. Accordingly, DOE has concluded that it
is not necessary to prepare a Family Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
[[Page 82059]]
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant
to OMB Memorandum M-19-15, Improving Implementation of the Information
Quality Act (April 24, 2019), DOE published updated guidelines which
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has
reviewed this final rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that (1) is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action is not a significant regulatory action under
Executive Order 12866. Moreover, it would not have a significant
adverse effect on the supply, distribution, or use of energy, nor has
it been designated as a significant energy action by the Administrator
of OIRA. Therefore, it is not a significant energy action, and,
accordingly, DOE has not prepared a Statement of Energy Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788;
``FEAA'') Section 32 essentially provides in relevant part that, where
a proposed rule authorizes or requires use of commercial standards, the
notice of proposed rulemaking must inform the public of the use and
background of such standards. In addition, section 32(c) requires DOE
to consult with the Attorney General and the Chairman of the FTC
concerning the impact of the commercial or industry standards on
competition.
The modifications to the certification reporting and labeling
requirements for CAC/HPs, DWs, RCWs, pool heaters, dehumidifiers, EPSs,
battery chargers, CRACs, DX-DOASes, three-phase, less than 65,000 Btu/h
ACUACs and ACUHPs, three-phase, less than 65,000 Btu/h VRF, CWHs,
ACIMs, walk-ins, commercial and industrial pumps, portable ACs,
compressors, DPPPMs, air cleaners, SPVUs, and CFLKs adopted in this
final rule do not incorporate testing methods contained in any
commercial standards. For GSLs, in this final rule, DOE is not changing
reporting requirements and only specifying compliance with existing
reporting requirements.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this final rule prior to its effective date. The report
will state that it has been determined that the final rule does not
fall within the scope of 5 U.S.C. 804(2).
N. Description of Materials Incorporated by Reference
DOE is removing the existing incorporation by reference of industry
standard ANSI/AHAM DW-1-2010 from 10 CFR 429.4 and 429.19. No other
changes are being made to materials incorporated by reference.
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects
10 CFR Part 429
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements, Small businesses.
10 CFR Part 431
Administrative practice and procedure, Confidential business
information, Energy conservation test procedures, and Reporting and
recordkeeping requirements.
Signing Authority
This document of the Department of Energy was signed on September
19, 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 20, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE amends parts 429 and
431 of chapter II of title 10, Code of Federal Regulations as set forth
below:
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; 28 U.S.C. 2461 note.
Sec. 429.4 [Amended]
0
2. Amend Sec. 429.4 by removing paragraph (b)(1) and redesignating
paragraphs (b)(2) and (3) as paragraphs (b)(1) and (2), respectively.
0
3. Amend Sec. 429.12 by revising paragraphs (b)(12) and (13), (d), and
(i) to read as follows:
Sec. 429.12 General requirements applicable to certification reports.
* * * * *
(b) * * *
(12) If the test sample size is listed as ``0'' to indicate the
certification is based upon the use of an alternate way of determining
measures of energy conservation, identify the method used for
determining measures of energy conservation (such as ``AEDM,'' or
linear interpolation). Manufacturers of commercial packaged boilers,
[[Page 82060]]
commercial water heating equipment, commercial refrigeration equipment,
commercial HVAC equipment, central air conditioners and central air
conditioning heat pumps, and walk-in coolers and walk-in freezers must
provide the manufacturer's designation (name or other identifier) of
the AEDM used; and
(13) Product specific information listed in Sec. Sec. 429.14
through 429.68.
* * * * *
(d) Annual filing. All data required by paragraphs (a) through (c)
of this section shall be submitted to DOE annually, on or before the
following dates:
Table 1 to Paragraph (d)
------------------------------------------------------------------------
Deadline for data
Product category submission
------------------------------------------------------------------------
Portable air conditioners.................. February 1.
Fluorescent lamp ballasts; Compact March 1.
fluorescent lamps; General service
fluorescent lamps, general service
incandescent lamps, and incandescent
reflector lamps; Candelabra base
incandescent lamps and intermediate base
incandescent lamps; Ceiling fans; Ceiling
fan light kits; Showerheads; Faucets;
Water closets; and Urinals.
Water heaters; Consumer furnaces; Pool May 1.
heaters; Commercial water heating
equipment; Commercial packaged boilers;
Commercial warm air furnaces; Commercial
unit heaters; and Furnace fans.
Dishwashers; Commercial pre-rinse spray June 1.
valves; Illuminated exit signs; Traffic
signal modules and pedestrian modules; and
Distribution transformers.
Room air conditioners; Central air July 1.
conditioners and central air conditioning
heat pumps; Commercial heating,
ventilating, air conditioning (HVAC)
equipment (excluding air-cooled, three-
phase, small commercial package air
conditioning and heating equipment with a
cooling capacity of less than 65,000
British thermal units per hour and air-
cooled, three-phase, variable refrigerant
flow multi-split air conditioners and heat
pumps with less than 65,000 British
thermal units per hour cooling capacity);
and Air-cooled, three-phase, small
commercial package air conditioning and
heating equipment with a cooling capacity
of less than 65,000 British thermal units
per hour and air-cooled, three-phase,
variable refrigerant flow multi-split air
conditioners and heat pumps with a cooling
capacity of less than 65,000 British
thermal units per hour.
Consumer refrigerators, refrigerator- August 1.
freezers, and freezers; Commercial
refrigerators, freezers, and refrigerator-
freezers; Automatic commercial ice makers;
Refrigerated bottled or canned beverage
vending machines; Walk-in coolers and walk-
in freezers; and Consumer miscellaneous
refrigeration products.
Torchieres; Dehumidifiers; Metal halide September 1.
lamp ballasts and fixtures; External power
supplies; Pumps; Dedicated-purpose pool
pump motors; Compressors; and Battery
chargers.
Residential clothes washers; Residential October 1.
clothes dryers; Direct heating equipment;
Cooking products; and Commercial clothes
washers.
Air Cleaners............................... December 1.
------------------------------------------------------------------------
* * * * *
(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 initial certification:
(1) Dedicated-purpose pool pump motors <0.5 total horsepower (THP)
and dedicated-purpose pool pump motors >=1.15 THP and <=5 THP,
September 29, 2025.
(2) Dedicated-purpose pool pump motors >=0.5 THP and <1.15 THP,
September 28, 2027.
(3) Direct expansion-dedicated outdoor air systems, May 1, 2024.
0
4. Amend Sec. 429.16 by:
0
a. Revising paragraphs (b)(3)(i)(B), (b)(3)(ii)(B), (b)(3)(iii)(A)(2),
and (e)(2)(v);
0
b. Adding paragraph (e)(2)(vi); and
0
c. Revising paragraph (e)(4)(iv).
The revisions and addition read as follows:
Sec. 429.16 Central air conditioners and central air conditioning
heat pumps.
* * * * *
(b) * * *
(3) * * *
(i) * * *
(B) The upper 90 percent confidence limit (UCL) of the true mean
divided by 1.05, where:
[GRAPHIC] [TIFF OMITTED] TR09OC24.000
And x is the sample mean; s is the sample standard deviation; n is
the number of samples; and t0.90 is the Student's t-Distribution Values
for a 90 percent one-tailed confidence interval with n-1 degrees of
freedom (from appendix A to this subpart). Round represented values of
off-mode power consumption to the nearest watt.
(ii) * * *
(B) The lower 90 percent confidence limit (LCL) of the true mean
divided by 0.95, where:
[GRAPHIC] [TIFF OMITTED] TR09OC24.001
And x is the sample mean; s is the sample standard deviation; n is
the number of samples; and t0.90 is the Student's t-Distribution Values
for a 90 percent one-tailed confidence interval with n-1 degrees of
freedom (from appendix A to this subpart). Round represented values of
EER, SEER, HSPF, EER2, SEER2, and HSPF2 to the nearest 0.05.
(iii) * * *
(A) * * *
(2) The lower 90 percent confidence limit (LCL) of the true mean
divided by 0.95, where:
[GRAPHIC] [TIFF OMITTED] TR09OC24.002
And x is the sample mean; s is the sample standard deviation; n is
the number of samples; and t0.90 is the Student's t-Distribution Values
for a 90 percent one-tailed confidence interval with n-1 degrees of
freedom (from appendix A to this subpart).
* * * * *
(e) * * *
(2) * * *
(v) For all split systems including outdoor units with no match,
the refrigerant; and
(vi) For variable-speed coil only systems; whether the represented
value is based on a non-communicating or communicating control system.
* * * * *
(4) * * *
[[Page 82061]]
(iv) For blower coil systems, the airflow-control settings
associated with full load cooling operation; the airflow-control
settings or alternative instructions for setting fan speed to the speed
upon which the rating is based; and whether the system varies blower
speeds with outdoor air conditions;
* * * * *
0
5. Amend Sec. 429.19 by revising paragraphs (b)(2) and (3) and adding
paragraph (c) to read as follows:
Sec. 429.19 Dishwashers.
* * * * *
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following public product-specific information: The
estimated annual energy use in kilowatt hours per year (kWh/yr), the
water consumption in gallons per cycle, and the capacity in number of
place settings.
(3) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following additional product-specific information--
(i) The presence of a soil sensor, and if yes, the number of cycles
required to reach calibration;
(ii) The water inlet temperature used for testing in degrees
Fahrenheit ([deg]F);
(iii) The cycle selected for the energy test and whether that cycle
is soil-sensing if testing is performed using appendix C1 to subpart B
of part 430 of this chapter and the cycles selected for the sensor
heavy response, sensor medium response, and sensor light response and
whether these cycles are soil-sensing if testing is performed using
appendix C2 to subpart B of part 430 of this chapter;
(iv) The options selected for the energy test if testing is
performed using appendix C1 to subpart B of part 430 of this chapter
and the options selected for the sensor heavy response, sensor medium
response, and sensor light response if testing is performed using
appendix C2 to subpart B of part 430 of this chapter;
(v) The average cleaning index for the sensor heavy response,
sensor medium response, and sensor light response cycles if testing is
performed using appendix C2 to subpart B of part 430 of this chapter
(see section 5.1 of appendix C2 for the calculation of per-cycle
cleaning index for each test cycle);
(vi) Indication of whether Cascade Complete Powder or Cascade with
the Grease Fighting Power of Dawn was used as the detergent
formulation. When certifying dishwashers, other than water re-use
dishwashers, according to appendix C1 to subpart B of part 430 of this
chapter:
(A) Before July 17, 2023, Cascade Complete Powder detergent may be
used as the basis for certification in conjunction with the detergent
dosing methods specified in either section 2.5.2.1.1 or section
2.5.2.1.2 of appendix C1. Cascade with the Grease Fighting Power of
Dawn detergent may be used as the basis for certification only in
conjunction with the detergent dosing specified in section 2.5.2.1.1 of
appendix C1.
(B) Beginning July 17, 2023, Cascade Complete Powder detergent may
be used as the basis for certification of newly certified basic models
only in conjunction with the detergent dosing method specified in
section 2.5.2.1.2 of appendix C1. Cascade with the Grease Fighting
Power of Dawn detergent may be used as the basis for certification only
in conjunction with the detergent dosing specified in section 2.5.2.1.1
of appendix C1. Manufacturers may maintain existing basic model
certifications made prior to July 17, 2023, consistent with the
provisions of paragraph (b)(3)(vi)(A) of this section.
(vii) The presence of a built-in water softening system, and if
yes, the energy use in kilowatt hours and the water use in gallons
required for each regeneration of the water softening system, the
number of regeneration cycles per year, and data and calculations used
to derive these values;
(viii) Whether the product is a water re-use system dishwasher, and
if yes, the energy use in kilowatt hours and water use in gallons
required for a drain out event, the energy use in kilowatt hours and
water use in gallons required for a clean out event, the number of
drain out events per year, the number of clean out events per year, the
water fill volume to calculate detergent dosage in gallons, and data
and calculations used to derive these values, as applicable; and
(ix) The presence of a built-in reservoir, and if yes, the
manufacturer-stated reservoir capacity in gallons, the prewash fill
water volume in gallons and the main wash fill water volume in gallons
if testing is performed using appendix C1 to subpart B of part 430 of
this chapter, and the reservoir water consumption in gallons per cycle.
(c) Reported values. Values reported pursuant to this subsection
must be rounded as follows:
(1) The represented value of estimated annual energy use to the
nearest kilowatt hour per year.
(2) The represented value of water consumption to the nearest 0.1
gallon per cycle.
0
6. Amend Sec. 429.20 by revising paragraphs (b) and (c) to read as
follows:
Sec. 429.20 Residential clothes washers.
* * * * *
(b) Certification reports. (1) The requirements of Sec. 429.12 are
applicable to residential clothes washers; and
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
contain the following public product-specific information:
(i) For residential clothes washers tested in accordance with
appendix J to subpart B of part 430 of this chapter: the energy
efficiency ratio (EER) in pounds per kilowatt hour per cycle (lb/kWh/
cycle), the water efficiency ratio (WER) in pounds per gallon per cycle
(lb/gal/cycle), the clothes container capacity in cubic feet (cu ft),
the corrected remaining moisture content (RMC) expressed as a
percentage, the type of control system (automatic or semi-automatic),
and the type of loading (top-loading or front-loading).
(ii) For residential clothes washers tested in accordance with
appendix J2 to subpart B of part 430 of this chapter: the integrated
modified energy factor (IMEF) in cu ft/kWh/cycle, the integrated water
factor (IWF) in gal/cycle/cu ft, the clothes container capacity in cu
ft, the corrected RMC expressed as a percentage, and the type of
loading (top-loading or front-loading).
(3) Pursuant to 10 CFR 429.12(b)(13), a certification report must
include the following additional product-specific information: a list
of all cycle selections comprising the complete energy test cycle for
each basic model and the test cloth lot number used for certification
testing.
(c) Reported values. Values reported pursuant to this subsection
must be rounded as follows:
(1) MEF and IMEF to the nearest 0.01 cu ft/kWh/cycle;
(2) WF and IWF to the nearest 0.1 gal/cycle/cu ft;
(3) EER to the nearest 0.01 lb/kWh/cycle;
(4) WER to the nearest 0.01 lb/gal/cycle;
(5) RMC to the nearest 0.1 percentage point; and
(6) Clothes container capacity to the nearest 0.1 cu ft.
0
7. Amend Sec. 429.24 by:
0
a. Revising paragraph (a)(2) introductory text;
0
b. Adding paragraphs (a)(3) and (4);
0
c. Revising paragraph (b)(2); and
0
d. Adding paragraph (c).
The revisions and additions read as follows:
Sec. 429.24 Pool heaters.
(a) * * *
(2) For each basic model of pool heater, randomly select and test a
[[Page 82062]]
sample of sufficient size to ensure that any represented value of the
thermal efficiency or integrated thermal efficiency, as applicable, or
other measure of energy consumption of a basic model for which
consumers would favor higher values shall be less than or equal to the
lower of:
* * * * *
(3) When certifying integrated thermal efficiency, the represented
value for input capacity of a gas-fired pool heater basic model
reported in accordance with paragraph (b)(2) of this section must be
the mean of the input capacities measured for each tested unit of the
basic model, as determined in accordance with the test procedure in
appendix P of subpart B of part 430 of this chapter.
(4) When certifying integrated thermal efficiency, the represented
value of active electrical power of an electric pool heater basic model
reported in accordance with paragraph (b)(2) of this section must be
the mean of the electrical power measured for each tested unit of the
basic model, as determined in accordance with the test procedure in
appendix P of subpart B of part 430 of this chapter.
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), include in each certification
report the following public product-specific information:
(i) For gas-fired pool heaters: the input capacity in British
thermal units per hour (Btu/h) and either the thermal efficiency as a
percentage (%) (when certifying compliance with the energy conservation
standards specified at Sec. 430.32(k)(1) of this chapter) or the
integrated thermal efficiency as a percentage (%) (when certifying
compliance with the energy conservation standards specified at Sec.
430.32(k)(2) of this chapter), as applicable.
(ii) For electric pool heaters (when certifying compliance with the
energy conservation standards specified at Sec. 430.32(k)(2) of this
chapter): the integrated thermal efficiency in percent (%) and the
active electrical power in British thermal units per hour (Btu/h).
(c) Reported values. Round reported values pursuant to this
subsection as follows:
(1) Integrated thermal efficiency for gas-fired pool heaters to the
nearest tenth of one percent;
(2) Integrated thermal efficiency for electric pool heaters to the
nearest one percent;
(3) Input capacity of a gas-fired pool heater to the nearest 1,000
Btu/h; and
(4) Active electrical power of an electric pool heater to the
nearest 100 Btu/h.
0
8. Amend Sec. 429.33 by revising paragraphs (b)(2)(ii)(A) and
(b)(3)(ii)(B) to read as follows.
Sec. 429.33 Ceiling fan light kits.
* * * * *
(b) * * *
(2) * * *
(ii) * * *
(A) For each basic model of lamp, each basic model of consumer-
replaceable SSL, and/or each basic model of non-consumer-replaceable
SSL packaged with the ceiling fan light kit, the brand, basic model
number, test sample size, kind of lamp (i.e., general service
fluorescent lamp (GSFL); fluorescent lamp with a pin base that is not a
GSFL; compact fluorescent lamp (CFL) with a medium screw base; CFL with
a base that is not medium screw base [e.g., candelabra base]; other
fluorescent lamp [not GSFL or CFL]; general service incandescent lamp
(GSIL); candelabra base incandescent lamp; intermediate base
incandescent lamp; incandescent reflector lamp; other incandescent lamp
[not GSIL, IRL, candelabra base or intermediate base incandescent
lamp]; integrated LED lamp; non-consumer-replaceable SSL; consumer-
replaceable SSL [not integrated LED lamps] and other SSL lamps that
have an ANSI standard base and are not integrated LED lamps; other lamp
not specified), lumen output in lumens (lm), and efficacy in lumens per
watt (lm/W).
* * * * *
(3) * * *
(ii) * * *
(B) For each basic model of lamp, each basic model of consumer-
replaceable SSL, and/or each basic model of non-consumer-replaceable
SSL packaged with the ceiling fan light kit, a declaration that, where
applicable, the lamp basic model was tested by a laboratory accredited
as required under Sec. 430.25 of this chapter; and
* * * * *
Sec. 429.36 [Amended]
0
9. Amend Sec. 429.36 by:
0
a. Removing paragraph (b)(2)(i);
0
b. Redesignating paragraph (b)(2)(ii) as (b)(2)(i); and
0
c. Adding a reserved paragraph (b)(2)(ii).
0
10. Amend Sec. 429.37 by revising paragraphs (b)(2) and (3) and (c) to
read as follows:
Sec. 429.37 External power supplies.
* * * * *
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following public product-specific information:
(i) External power supplies: The average active mode efficiency as
a percentage (%), no-load mode power consumption in watts (W),
nameplate output power in watts (W), nameplate output voltage in volts
(V), the effective wire gauge in American wire gauge (AWG) and length
in feet (ft) of the recommended or included output cord, and, if
missing from the nameplate, the output current in amperes (A) of the
basic model or the output current in amperes (A) of the highest- and
lowest-voltage models within the external power supply design family.
(ii) Switch-selectable single-voltage external power supplies: The
average active mode efficiency as a percentage (%) value, no-load mode
power consumption in watts (W) using the lowest and highest selectable
output voltages, the lowest and highest selectable output voltages in
volts (V), nameplate output power in watts (W), the effective wire
gauge in American wire gauge (AWG) and length in feet (ft) of the
recommended or included output cord, and, if missing from the
nameplate, the output current in amperes (A).
(iii) Adaptive single-voltage external power supplies: The average
active-mode efficiency as a percentage (%) at the highest and lowest
nameplate output voltages, no-load mode power consumption in watts (W),
nameplate output power in watts (W) at the lowest and highest nameplate
output voltages, the lowest and highest nameplate output voltages in
volts (V), the effective wire gauge in American wire gauge (AWG) and
length in feet (ft) of the recommended or included output cord, and, if
missing from the nameplate, the output current in amperes (A) at the
highest and lowest nameplate output voltages.
(iv) External power supplies that are exempt from no-load mode
requirements under Sec. 430.32(w)(5) of this chapter: A statement that
the product is designed to be connected to a security or life safety
alarm or surveillance system component, the average active-mode
efficiency as a percentage (%), the nameplate output power in watts
(W), the nameplate output voltage in volts (V), the effective wire
gauge in American wire gauge (AWG) and length in feet (ft) of the
recommended or included output cord, and, if missing from the
nameplate, the certification report must also include the output
current in amperes (A) of the
[[Page 82063]]
basic model or the output current in amperes (A) of the highest- and
lowest-voltage models within the external power supply design family.
(3) Pursuant to Sec. 429.12(b)(13), a certification report for
external power supplies that are exempt from the energy conservation
standards at Sec. 430.32(w)(1)(ii) of this chapter pursuant to Sec.
430.32(w)(2) of this chapter must include the following additional
information if, in aggregate, the total number of exempt EPSs sold as
spare and service parts by the certifier exceeds 1,000 units across all
models: The total number of units of exempt external power supplies
sold during the most recent 12-calendar-month period ending on July 31,
starting with the annual report due on September 1, 2017. The
certification report must also include the exact timeframe (e.g., from
August 2016 to July 2017) of this most recent 12-calendar-month period.
(c) Exempt external power supplies. (1) For external power supplies
that are exempt from energy conservation standards pursuant to Sec.
430.32(w)(2) of this chapter and are not required to be certified
pursuant to Sec. 429.12(a) as compliant with an applicable standard,
the importer or domestic manufacturer must, no later than September 1,
2017, and annually by each September 1st thereafter, submit a report
providing the following information if, in aggregate, the total number
of exempt EPSs sold as spare and service parts by the importer or
manufacturer exceeds 1,000 units across all models:
(i) The importer or domestic manufacturer's name and address;
(ii) The brand name;
(iii) The number of units sold during the most recent 12-calendar-
month period ending on July 31; and
(iv) The exact timeframe (e.g., from August 2016 to July 2017) of
this most recent 12-calendar-month period.
(2) The report must be submitted to DOE in accordance with the
submission procedures set forth in Sec. 429.12(h).
0
11. Amend Sec. 429.39 by:
0
a. Revising paragraphs (a)(1), (a)(2)(ii) introductory text, and
(a)(2)(iii) introductory text;
0
b. Adding paragraphs (a)(2)(v) and (vi);
0
c. Revising paragraphs (b)(2) and (3); and
0
d. Adding paragraphs (b)(5) and (6).
The revisions and additions read as follows:
Sec. 429.39 Battery chargers.
(a) * * *
(1) Represented values include:
(i) For all battery chargers other than uninterruptible power
supplies (UPSs) tested under appendix Y to subpart B of part 430 of
this chapter: The unit energy consumption (UEC) in kilowatt-hours per
year (kWh/yr), battery discharge energy (Ebatt) in watt
hours (Wh), 24-hour energy consumption (E24) in watt hours
(Wh), maintenance mode power (Pm) in watts (W), standby mode
power (Psb) in watts (W), off mode power (Poff)
in watts (W), and duration of the charge and maintenance mode test
(tcd) in hours (hrs);
(ii) For all wired and fixed-location wireless battery chargers
other than uninterruptible power supplies (UPSs) tested under appendix
Y1 to subpart B of part 430 of this chapter: Battery discharge energy
(Ebatt) in watt hours (Wh), active charge energy
(Ea) in watt hours (Wh), maintenance mode power
(Pm) in watts (W), no-battery mode power (Pnb) in
watts (W), standby mode power (Psb) in watts (W), off mode
power (Poff) in watts (W), and duration of the charge and
maintenance mode test (tcd) in hours (hrs);
(iii) For all open-placement wireless battery chargers other than
uninterruptible power supplies (UPSs) tested under appendix Y1 to
subpart B of part 430 of this chapter: no-battery mode power
(Pnb) in watts (W);
(iv) For UPSs: average load adjusted efficiency
(Effavg).
(2) * * *
(ii) For each basic model of battery chargers other than UPSs
tested under appendix Y to subpart B of part 430 of this chapter, a
sample of sufficient size must be randomly selected and tested to
ensure that the represented value of UEC is greater than or equal to
the higher of:
* * * * *
(iii) For each basic model of battery chargers other than UPSs
tested under appendix Y to subpart B of part 430 of this chapter, using
the sample from paragraph (a)(2)(ii) of this section, calculate the
represented values of each metric (i.e., maintenance mode power
(Pm), standby power (Psb), off mode power
(Poff), battery discharge energy (Ebatt), 24-hour
energy consumption (E24), and duration of the charge and
maintenance mode test (tcd)), where the represented value of
the metric is:
* * * * *
(v) For each basic model of battery chargers other than UPSs tested
under appendix Y1 to subpart B of part 430 of this chapter, a sample of
sufficient size must be randomly selected and tested to ensure that the
represented value of Ea for all wired and fixed-location
wireless chargers (or the represented value of Pnb for all
open-placement wireless chargers) is greater than or equal to the
higher of:
(A) The mean of the sample, where:
[GRAPHIC] [TIFF OMITTED] TR09OC24.003
and, x is the sample mean; n is the number of samples; and xi is the
Ea (or Pnb, when applicable) of the ith
sample; or,
(B) The upper 97.5-percent confidence limit (UCL) of the true mean
divided by 1.05, where:
[GRAPHIC] [TIFF OMITTED] TR09OC24.004
and, x is the sample mean; s is the sample standard deviation; n is
the number of samples; and t0.975 is the Student's t-Distribution
Values for a 97.5-percent one-tailed confidence interval with n-1
degrees of freedom (from appendix A to this subpart).
(vi) For each basic model of battery chargers other than UPSs
tested under appendix Y1 to subpart B of part 430 of this chapter,
using the sample from paragraph (a)(2)(v) of this section, calculate
the applicable represented values of each metric (i.e., maintenance
mode power (Pm), no-battery mode power (Pnb),
standby power (Psb), off mode power (Poff),
battery discharge energy (Ebatt), and duration of the charge
and maintenance mode test (tcd)), where the represented
value of the metric is:
[GRAPHIC] [TIFF OMITTED] TR09OC24.005
and, x is the sample mean; n is the number of samples; and xi is the
measured value of the ith sample for the metric.
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), when tested under appendix Y
to subpart B of part 430 of this chapter, a certification report must
include the following product-specific information for all battery
chargers other than UPSs: The nameplate battery voltage of the test
battery in volts (V), the nameplate battery charge capacity of the test
battery in ampere-hours (Ah), and the nameplate battery energy capacity
of the test battery in watt-hours (Wh). A certification report must
also include the represented values, as determined in paragraph (a) of
this section for the maintenance mode power (Pm), standby
mode power (Psb), off mode power (Poff), battery
discharge energy (Ebatt), 24-hour energy consumption
(E24), duration of the charge and maintenance mode test
(tcd), and unit energy consumption (UEC).
(3) Pursuant to Sec. 429.12(b)(13), when tested under appendix Y
to subpart B of
[[Page 82064]]
part 430 of this chapter, a certification report must include the
following product-specific information for all battery chargers other
than UPSs: The manufacturer and model of the test battery, and the
manufacturer and model, when applicable, of the external power supply.
* * * * *
(5) Pursuant to Sec. 429.12(b)(13), when tested under appendix Y1
to subpart B of part 430 of this chapter, a certification report must
include the following product-specific information for all wired and
fixed-location wireless battery chargers other than UPSs: The
manufacturer and model of the test battery, the manufacturer and model,
when applicable, of the external power supply, the nameplate battery
voltage of the test battery in volts (V), the nameplate battery charge
capacity of the test battery in ampere-hours (Ah), and the nameplate
battery energy capacity of the test battery in watt-hours (Wh). A
certification report must also include the represented values, as
determined in paragraph (a) of this section for the maintenance mode
power (Pm), no-battery mode power (Pnb), standby
mode power (Psb), off mode power (Poff), battery
discharge energy (Ebatt), 24-hour energy consumption
(E24), active charge energy (Ea), and duration of
the charge and maintenance mode test (tcd).
(6) Pursuant to Sec. 429.12(b)(13), when tested under appendix Y1
to subpart B of part 430 of this chapter, a certification report must
include the following product-specific information for all open-
placement wireless battery chargers other than UPSs: The manufacturer
and model, when applicable, of the external power supply. A
certification report must also include the represented values, as
determined in paragraph (a) of this section for the no-battery mode
power (Pnb).
0
12. Amend Sec. 429.43 by:
0
a. Revising the section heading and paragraphs (b)(2)(v), (vi), and
(ix);
0
b. Adding paragraphs (b)(2)(xi) and (b)(3)(iii);
0
c. Revising paragraphs (b)(4)(vi) through (viii); and
0
d. Adding paragraphs (b)(4)(x) and (b)(6).
The revisions and additions read as follows:
Sec. 429.43 Commercial heating, ventilating, air conditioning (HVAC)
equipment.
* * * * *
(b) * * *
(2) * * *
(v) Single package vertical air conditioners:
(A) When certifying compliance with an EER standard: The energy
efficiency ratio (EER in British thermal units per Watt-hour (Btu/Wh)),
and the rated cooling capacity in British thermal units per hour (Btu/
h).
(B) When certifying compliance with an IEER standard: the
integrated energy efficiency ratio (IEER in British thermal units per
Watt-hour (Btu/Wh)), the rated cooling capacity in British thermal
units per hour (Btu/h), and the rated airflow in standard cubic feet
per minute (SCFM). For units with rated cooling capacity <65,000 Btu/h:
whether the unit is weatherized or non-weatherized; and if non-
weatherized, the airflow rate of outdoor ventilation air which is drawn
in and conditioned as determined in accordance with Sec.
429.134(x)(3), while the equipment is operating with the same drive kit
and motor settings used to determine the certified efficiency rating of
the equipment.
(vi) Single package vertical heat pumps:
(A) When certifying compliance with an EER standard: the energy
efficiency ratio (EER in British thermal units per Watt-hour (Btu/Wh)),
and the coefficient of performance (COP), and the rated cooling
capacity in British thermal units per hour (Btu/h).
(B) When certifying compliance with an IEER standard: the
integrated energy efficiency ratio (IEER in British thermal units per
Watt-hour (Btu/Wh)), and the coefficient of performance (COP), the
rated cooling capacity in British thermal units per hour (Btu/h), and
the rated airflow in standard cubic feet per minute (SCFM). For units
with cooling capacity <65,000 Btu/h: whether the unit is weatherized or
non-weatherized; and if non-weatherized, the airflow rate of outdoor
ventilation air which is drawn in and conditioned as determined in
accordance with Sec. 429.134(x)(3), while the equipment is operating
with the same drive kit and motor settings used to determine the
certified efficiency rating of the equipment.
* * * * *
(ix) Computer room air-conditioners:
(A) When certifying compliance with a SCOP standard: The net
sensible cooling capacity in British thermal units per hour (Btu/h),
the net cooling capacity in British thermal units per hour (Btu/h), the
configuration (upflow/downflow), economizer presence (yes or no),
condenser medium (air, water, or glycol-cooled), sensible coefficient
of performance (SCOP), and rated airflow in standard cubic feet per
minute (SCFM).
(B) When certifying compliance with an NSenCOP standard: The net
sensible cooling capacity in British thermal units per hour (Btu/h),
the net total cooling capacity in British thermal units per hour (Btu/
h), whether the basic model is split system or single-package, the
configuration (downflow, upflow ducted, upflow non-ducted, horizontal
flow, ceiling-mounted ducted, ceiling-mounted non-ducted), fluid
economizer presence (yes or no), condenser heat rejection medium (air,
water, or glycol-cooled), net sensible coefficient of performance
(NSenCOP), rated airflow in standard cubic feet per minute (SCFM), and
the refrigerant used to determine the represented values.
* * * * *
(xi) Direct-expansion dedicated outdoor air systems:
(A) When certifying compliance with an ISMRE2 standard: the
integrated seasonal moisture removal efficiency 2 (ISMRE2 in lbs. of
moisture per kilowatt-hour (lb/kWh)), the rated moisture removal
capacity at Standard Rating Condition A according to appendix B to
subpart F of part 431 of this chapter (MRC in lbs of moisture per hour
(lb/h)), and the rated supply airflow rate for 100 percent outdoor air
applications (QSA in standard cubic feet per minute).
(B) When certifying compliance with an ISCOP2 standard: the
integrated seasonal coefficient of performance 2 (ISCOP2 in Watts of
heating per Watts of power input (W/W)).
(C) The configuration of the basic model number (i.e., ``single-
package'' or ``split system'') shall also be provided.
(3) * * *
(iii) For direct-expansion dedicated outdoor air systems with
ventilation energy recovery systems, method of determination of the
exhaust air transfer ratio (EATR), sensible effectiveness, and latent
effectiveness of the ventilation energy recovery system (name and
version of certified performance modeling software or if the device was
directly tested). The test method (i.e., Option 1 or Option 2) for
units rated based on testing and motor control settings (including
rotational speed) for energy recovery wheels shall also be provided.
(4) * * *
(vi) Single package vertical air-conditioners:
(A) When certifying compliance with an EER standard: Any additional
testing instructions, if applicable; if a variety of motors/drive kits
are offered for sale as options in the basic model to account for
varying installation requirements, the model number and specifications
of
[[Page 82065]]
the motor (to include efficiency, horsepower, open/closed, and number
of poles) and the drive kit, including settings, associated with that
specific motor that were used to determine the certified rating; and
which, if any, special features were included in rating the basic
model.
(B) When certifying compliance with an IEER standard: Compressor
break-in period duration; rated indoor airflow in standard cubic feet
per minute (SCFM); frequency or control set points including the
required dip switch/control settings for step or variable-speed
components (e.g., compressors, VFDs); rated indoor airflow in SCFM for
each part-load point used in the IEER calculation and any special
instructions required to obtain operation at each part-load point, such
as frequency or control set points including dip switch/control
settings for step or variable-speed components (e.g., compressors,
VFDs); a statement whether the model will operate at test conditions
without manufacturer programming; outdoor air-side attachments used for
testing; any additional testing instructions, if applicable; and if a
variety of motors/drive kits are offered for sale as options in the
basic model to account for varying installation requirements, the model
number and specifications of the motor (to include efficiency,
horsepower, open/closed, and number of poles) and the drive kit,
including settings, associated with that specific motor that were used
to determine the certified rating; any additional applicable testing
instructions, are also required.
(vii) Single package vertical heat pumps:
(A) When certifying compliance with an EER standard: Any additional
testing instructions, if applicable; if a variety of motors/drive kits
are offered for sale as options in the basic model to account for
varying installation requirements, the model number and specifications
of the motor (to include efficiency, horsepower, open/closed, and
number of poles) and the drive kit, including settings, associated with
that specific motor that were used to determine the certified rating;
and which, if any, special features were included in rating the basic
model.
(B) When certifying compliance with an IEER standard: The rated
heating capacity in British thermal units per hour (Btu/h); compressor
break-in period duration; rated indoor airflow in standard cubic feet
per minute (SCFM) (in cooling mode); rated airflow in SCFM in heating
mode if the unit is designed to operate with different airflow rates
for cooling and heating mode; frequency or control set points including
the required dip switch/control settings for step or variable-speed
components (e.g., compressors, VFDs); rated indoor airflow in SCFM for
each part-load point used in the IEER calculation and any special
instructions required to obtain operation at each part-load point, such
as frequency or control set points including dip switch/control
settings for step or variable-speed components (e.g., compressors,
VFDs); a statement whether the model will operate at test conditions
without manufacturer programming; outdoor air-side attachments used for
testing; any additional testing instructions, if applicable; and if a
variety of motors/drive kits are offered for sale as options in the
basic model to account for varying installation requirements, the model
number and specifications of the motor (to include efficiency,
horsepower, open/closed, and number of poles) and the drive kit,
including settings, associated with that specific motor that were used
to determine the certified rating; or any additional applicable testing
instructions, are also required.
(viii) Computer room air-conditioners:
(A) When certifying compliance with a SCOP standard: Any additional
testing instructions, if applicable; and which, if any, special
features were included in rating the basic model.
(B) When certifying compliance with a NSenCOP standard: Compressor
break-in period duration; frequency or control set points including the
required dip switch/control settings for step or variable-speed
components (e.g., compressors, VFDs); a statement whether the model
will operate at test conditions without manufacturer programming; any
additional testing instructions, if applicable; if a variety of motors/
drive kits are offered for sale as options in the basic model to
account for varying installation requirements, the model number and
specifications of the motor (to include efficiency, horsepower, open/
closed, and number of poles) and the drive kit, including settings,
associated with that specific motor that were used to determine the
certified rating.
* * * * *
(x) Direct-expansion dedicated outdoor air systems:
(A) For units without ventilation energy recovery systems: water
flow rate in gallons per minute (gpm) for water-cooled and water-source
units; rated ESP in inches of water column for the supply air stream;
frequency or control set points for variable-speed components (e.g.,
compressors, VFDs); required dip switch/control settings for step or
variable-speed components (e.g., reheat or head pressure control
valves); a statement whether the model will operate at test conditions
without manufacturer programming; if a variety of motors/drive kits are
offered for sale as options in the basic model to account for varying
installation requirements, the model number and specifications of the
motor (to include efficiency, horsepower, open/closed, and number of
poles) and the drive kit, including settings, associated with that
specific motor that were used to determine the certified rating; and
any additional testing instructions specified in appendix B to subpart
F of part 431 of this chapter, if applicable (e.g., supply air dry-bulb
temperatures for ISMRE2 tests, equipment settings for airflow,
installation priority for split-system units, defrost control settings
for air-source heat pump units, break-in period, or condenser head
pressure controls.
(B) For units with ventilation energy recovery systems, the
requirements in paragraph (b)(4)(x)(A) of this section apply, in
addition to: rated ESP in inches of water column for the return air
stream; exhaust air transfer ratio at the rated supply airflow rate and
a neutral pressure difference between return and supply airflow (EATR
as a percent value); sensible and latent effectiveness of the
ventilation energy recovery system at 75 percent of the nominal supply
airflow and zero pressure differential in accordance with the DOE test
procedure in appendix B to subpart F of part 431 of this chapter;
sensible and latent effectiveness of the ventilation energy recovery
system at 100 percent of the nominal supply airflow and zero pressure
differential in accordance with the DOE test procedure in appendix B to
subpart F of part 431 of this chapter; and any additional testing
instructions, if applicable (e.g., deactivation of VERS or VERS bypass
in accordance with appendix B to subpart F of part 431 of this
chapter).
* * * * *
(6) Basic and individual model numbers. The basic model number and
individual model number(s) required to be reported under Sec.
429.12(b)(6) must consist of the following:
(i) For computer room air-conditioners:
[[Page 82066]]
Table 8 to Paragraph (b)(6)(i)
----------------------------------------------------------------------------------------------------------------
Individual model No(s).
Single-package or split system? Basic model No. ---------------------------------------------------------
1 2
----------------------------------------------------------------------------------------------------------------
Single-Package................... Number unique to Package.................... N/A.
the basic model.
Split System..................... Number unique to Indoor Unit................ Outdoor Unit.
the basic model.
----------------------------------------------------------------------------------------------------------------
(ii) For direct-expansion dedicated outdoor air systems:
Table 9 to Paragraph (b)(6)(ii)
----------------------------------------------------------------------------------------------------------------
Individual model No(s).
Equipment configuration Basic model No. ---------------------------------------------------------
1 2
----------------------------------------------------------------------------------------------------------------
Single-Package................... Number unique to Package.................... N/A.
the basic model.
Split System..................... Number unique to Outdoor Unit............... Indoor Unit.
the basic model.
----------------------------------------------------------------------------------------------------------------
* * * * *
0
13. Amend Sec. 429.44 by revising paragraph (c)(2) to read as follows:
Sec. 429.44 Commercial water heating equipment.
* * * * *
(c) * * *
(2) Pursuant to Sec. 429.12(b)(13), a certification report must
include the following public equipment-specific information:
(i) Commercial electric storage water heaters with measured storage
volume less than or equal to 140 gallons: The standby loss in percent
per hour (%/h); whether the rated input rate is greater than 12kW (Yes/
No); whether the ratio of input rate per gallon of stored water is less
than 4,000 Btu/h/gallon (Yes/No); and the measured storage volume in
gallons (gal).
(ii) Commercial gas-fired and oil-fired storage water heaters with
rated storage volume less than or equal to 140 gallons: The thermal
efficiency in percent (%), the standby loss in British thermal units
per hour (Btu/h), the rated storage volume in gallons (gal), and the
rated input in British thermal units per hour (Btu/h).
(iii) Commercial water heaters and hot water supply boilers with
storage capacity greater than 140 gallons:
(A) For gas-fired and oil-fired units: The thermal efficiency in
percent (%); whether the rated storage volume is greater than 140
gallons (Yes/No); whether the tank surface area is insulated with at
least R-12.5 (Yes/No); whether a standing pilot light is used (Yes/No);
whether the basic model has a fire damper or fan-assisted combustion
(Yes/No); and, if applicable, pursuant to Sec. 431.110 of this
chapter, the standby loss in British thermal units per hour (Btu/h);
the rated storage volume in gallons (gal); and the rated input in
British thermal units per hour (Btu/h).
(B) For electric units: whether the rated storage volume is greater
than 140 gallons (Yes/No); whether the tank surface area is insulated
with at least R-12.5 (Yes/No); whether the rated input is greater than
12kW (Yes/No); whether the ratio of input rate per gallon of stored
water is less than 4,000 Btu/h (Yes/No); and, if applicable, pursuant
to Sec. 431.110 of this chapter, the standby loss in percent per hour
(%/h); and the measured storage volume in gallons (gal).
(iv) Commercial gas-fired and oil-fired instantaneous water heaters
with rated storage volume greater than or equal to 10 gallons and gas-
fired and oil-fired hot water supply boilers with rated storage volume
greater than or equal to 10 gallons: The thermal efficiency in percent
(%); the standby loss in British thermal units per hour (Btu/h); the
rated storage volume in gallons (gal); the rated input in British
thermal units per hour (Btu/h); whether the water heater includes a
storage tank with a storage volume greater than or equal to 10 gallons
(Yes/No). For equipment that does not meet the definition of storage-
type instantaneous water heaters (as set forth in 10 CFR 431.102), in
addition to the requirements discussed previously in this paragraph
(c)(2)(iv), the following must also be included in the certification
report: whether the measured storage volume is determined using weight-
based test in accordance with Sec. 431.106 of this chapter or the
calculation-based method in accordance with Sec. 429.72; whether the
water heater will initiate main burner operation based on a
temperature-controlled call for heating that is internal to the water
heater (Yes/No); whether the water heater is equipped with an integral
pump purge functionality (Yes/No); if the water heater is equipped with
integral pump purge, the default duration of the pump off delay
(minutes).
(v) Commercial gas-fired and oil-fired instantaneous water heaters
with rated storage volume less than 10 gallons and gas-fired and oil-
fired hot water supply boilers with rated storage volume less than 10
gallons: The thermal efficiency in percent (%); the rated storage
volume in gallons (gal), the rated input in British thermal units per
hour (Btu/h); and whether the measured storage volume is determined
using weight-based test in accordance with Sec. 431.106 of this
chapter or the calculation-based method in accordance with Sec.
429.72.
(vi) Commercial electric instantaneous water heaters with measured
storage volume greater than or equal to 10 gallons (excluding storage-
type instantaneous water heaters with storage capacity greater than 140
gallons): The thermal efficiency in percent (%); the standby loss in
percent per hour (%/h); whether the rated input is greater than 12kW
(Yes/No); whether the ratio of input rate per gallon of stored water is
not less than 4,000 Btu/h (Yes/No);the measured storage volume in
gallons (gal); and whether the water heater includes a storage tank
with a storage volume greater than or equal to 10 gallons (Yes/No). For
equipment that does not meet the definition of ``storage-type
instantaneous water heater'' (as set forth in Sec. 431.102 of this
chapter), the following must also be included in the certification
report: whether the measured storage volume is determined using a
weight-based test in accordance with Sec. 431.106 of this chapter or
the calculation-based method in accordance with Sec. 429.72; whether
the water heater
[[Page 82067]]
will initiate heating element operation based on a temperature-
controlled call for heating that is internal to the water heater (Yes/
No); whether the water heater is equipped with an integral pump purge
functionality (Yes/No); and if the water heater is equipped with
integral pump purge, the default duration of the pump off delay
(minutes).
(vii) Commercial electric instantaneous water heaters with measured
storage volume less than 10 gallons: The thermal efficiency in percent
(%); whether the rated input is greater than 12kW (Yes/No); whether the
ratio of input rate per gallon of stored water is not less than 4,000
Btu/h (Yes/No); the measured storage volume in gallons (gal); and
whether the measured storage volume is determined using a weight-based
test in accordance with Sec. 431.106 of this chapter or the
calculation-based method in accordance with Sec. 429.72.
(viii) Commercial unfired hot water storage tanks: The thermal
insulation (i.e., R-value) and stored volume in gallons (gal).
* * * * *
0
14. Amend Sec. 429.45 by revising paragraphs (a)(2)(ii) and (b)(2) and
adding paragraph (b)(3) to read as follows:
Sec. 429.45 Automatic commercial ice makers.
(a) * * *
(2) * * *
(ii) The upper 95 percent confidence limit (UCL) of the true mean
divided by 1.10, where:
[GRAPHIC] [TIFF OMITTED] TR09OC24.006
And x is the sample mean; s is the sample standard deviation; n
is the number of samples; and t0.95 is the Student's t-Distribution
Values for a 95 percent one-tailed confidence interval with n-1
degrees of freedom (from appendix A to this subpart).
* * * * *
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following public product-specific information: The energy
use in kilowatt hours per 100 pounds of ice (kWh/100 lb), the condenser
water use in gallons per 100 pounds of ice (gal/100 lb), the harvest
rate in lb/24 h, the type of cooling, and the equipment type.
(3) For reporting, round harvest rate to the nearest 1 lb/24 h for
harvest rates above 50 lb/24 h; round condenser water use to the
nearest 1 gal/100 lb; and round energy use to the nearest 0.01 kWh/100
lb.
0
15. Amend Sec. 429.53 by revising paragraph (b) to read as follows:
Sec. 429.53 Walk-in coolers and walk-in freezers.
* * * * *
(b) Certification reports. (1) The requirements of Sec. 429.12
apply to manufacturers of walk-in cooler and walk-in freezer panels,
doors, and refrigeration systems, and;
(2) Pursuant to Sec. 429.12(b)(13), a certification report must
include the following public product-specific information:
(i) For display and non-display doors:
(A) The door type;
(B) R-value of the door insulation (as applicable);
(C) A declaration that the manufacturer has incorporated the
applicable design requirements;
(D) For transparent reach-in display doors and windows, the glass
type of the doors and windows (e.g., double-pane with heat reflective
treatment, triple-pane glass with gas fill);
(E) Power draw of the anti-sweat heater in watts per square foot of
door opening;
(F) Door energy consumption in kilowatt-hours per day;
(G) Rated surface area in square feet; and
(H) For doors with anti-sweat heater controls, the range of
temperature conditions (in degrees Fahrenheit) and/or relative humidity
conditions (in percent, %) at which the anti-sweat heater turns on.
(ii) For panels: The R-value of the insulation.
(iii) For refrigeration systems:
(A) The installed motor's functional purpose (i.e., evaporator fan
motor or condenser fan motor), its rated horsepower, and a declaration
that the manufacturer has incorporated the applicable walk-in-specific
design requirements into the motor;
(B) The refrigeration system AWEF and net capacity in BTU/h;
(C) The configuration tested for certification (e.g., condensing
unit only, unit cooler only, single-packaged dedicated system matched-
pair, attached split-system, or detachable single-packaged system);
(D) Whether an indoor dedicated condensing unit is also certified
as an outdoor dedicated condensing unit and, if so, the basic model
number for the outdoor dedicated condensing unit; and
(E) Whether the certified basic model meets the definition of a
CO2 unit cooler.
(3) Pursuant to Sec. 429.12(b)(13), a certification report must
include the following non-public product-specific information in
addition to the information listed in paragraph (b)(2) of this section:
(i) For display and non-display doors:
(A) The rated power of each light, heater wire, and/or other
electricity consuming device associated with each basic model of
display and non-display door; and whether such device(s) has a timer,
control system, or other demand-based control reducing the device's
power consumption; and
(B) The conduction load through the door in Btu/h.
(ii) For refrigeration systems:
(A) Whether the dedicated condensing system using flooded head
pressure controls; and
(B) The compressor break-in period, if used.
(4) Pursuant to Sec. 429.12(b)(13), a certification report must
include supplemental information submitted in PDF format. The
equipment-specific supplemental information must be consistent with the
equipment's installation or operating instructions; include any
additional testing and testing set up instructions (e.g., charging
instructions) for the basic model; identify all special features that
were included in rating the basic model; and include all other
information (e.g., any specific settings or controls) necessary to
operate the basic model under the required conditions specified by the
relevant test procedure. A manufacturer may also include with a
certification report other supplementary items in PDF format (e.g.,
operating manuals and/or installation instructions) for DOE to consider
when performing testing under appendix C and appendix C1 to subpart R
of part 431.
0
16. Amend Sec. 429.59 by revising paragraphs (b)(2)(i) through (iii)
to read as follows.
Sec. 429.59 Pumps.
* * * * *
(b) * * *
(2) * * *
(i) For a pump subject to the test methods prescribed in section
III of appendix A to subpart Y of part 431 of this chapter:
PEICL; pump total head in feet (ft.) at BEP and nominal
speed; volume per unit time (flow rate) in gallons per minute (gpm) at
BEP and nominal speed; the nominal speed of rotation in revolutions per
minute (rpm); calculated driver power input at each load point i
(Piin), corrected to nominal speed, in horsepower (hp); full impeller
diameter in inches (in.); and for RSV and ST pumps, the number of
stages tested.
(ii) For a pump subject to the test methods prescribed in section
IV or V
[[Page 82068]]
of appendix A to subpart Y of part 431 of this chapter:
PEICL; pump total head in feet (ft.) at BEP and nominal
speed; volume per unit time (flow rate) in gallons per minute (gpm) at
BEP and nominal speed; the nominal speed of rotation in revolutions per
minute (rpm); driver power input at each load point i (Piin), corrected
to nominal speed, in horsepower (hp); full impeller diameter in inches
(in.); whether the PEICL is calculated or tested; and for
RSV and ST pumps, number of stages tested.
(iii) For a pump subject to the test methods prescribed in section
VI or VII of appendix A to subpart Y of part 431 of this chapter:
PEIVL; pump total head in feet (ft.) at BEP and nominal
speed; volume per unit time (flow rate) in gallons per minute (gpm) at
BEP and nominal speed; the nominal speed of rotation in revolutions per
minute (rpm); driver power input (measured as the input power to the
driver and controls) at each load point i (Piin), corrected to nominal
speed, in horsepower (hp); full impeller diameter in inches (in.);
whether the PEIVL is calculated or tested; and for RSV and
ST pumps, the number of stages tested.
* * * * *
0
17. Amend Sec. 429.62 by revising paragraphs (a)(5) and (b)(2) and
adding paragraph (b)(3) to read as follows:
Sec. 429.62 Portable air conditioners.
(a) * * *
(5) The represented value of combined energy efficiency ratio
(CEER) or annualized energy efficiency ratio of a basic model must be
rounded to the nearest 0.1 British thermal units per Watt-hour (Btu/
Wh).
* * * * *
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following public product-specific information: The CEER in
Btu/Wh, the seasonally adjusted cooling capacity in British thermal
units per hour (Btu/h), the duct configuration used for testing
(single-duct or dual-duct), the ability to operate in both duct
configurations (yes or no), presence of heating function, and primary
condensate removal feature (auto-evaporation, gravity drain, removable
internal collection bucket, or condensate pump).
(3) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following additional public product-specific information:
whether the basic model is variable-speed (yes or no), and if yes; the
full-load seasonally adjusted cooling capacity (SACC_Full),
in British thermal units per hour (Btu/h).
0
18. Amend Sec. 429.65 by adding paragraphs (e) and (f) to read as
follows:
Sec. 429.65 Dedicated-purpose pool pump motors.
* * * * *
(e) Certification reports for dedicated purpose pool pump motors.
(1) The requirements of Sec. 429.12 apply to dedicated-purpose pool
pump motors.
(2) Pursuant to Sec. 429.12(b)(13), a certification report must
include the following public, product-specific information for each
basic model:
(i) The dedicated-purpose pool pump motor total horsepower as
described in paragraph (c)(1)(v) of this section;
(ii) For all basic models with total horsepower less than 0.5 THP,
the full-load efficiency in percent (%) as described in this section;
and
(iii) For all basic models with total horsepower greater than or
equal to 0.5 THP: a statement confirming that the motor is a variable
speed control dedicated purpose pool pump motor, as defined at Sec.
431.483 of this chapter; and a statement regarding whether freeze
protection is shipped enabled or disabled; for dedicated-purpose pool
pump motors distributed in commerce with freeze protection controls
enabled: The default dry-bulb air temperature setting (in [deg]F),
default run time setting (in minutes), maximum operating speed (in
revolutions per minute, or rpm), and default motor speed in freeze
protection mode (in revolutions per minute, or rpm).
(f) Rounding requirements. (1) Round dedicated-purpose-pool pump
motor total horsepower to the nearest hundredth of a THP;
(2) Round full-load efficiency to the nearest tenth of a percent;
and
(3) For dedicated-purpose pool pump motor basic models with total
horsepower greater than or equal to 0.5 THP and distributed in commerce
with freeze protection controls enabled, round the dry-bulb temperature
setting, run time setting, maximum operating speed, and default motor
speed in freeze protection mode to the nearest whole number.
0
19. Amend Sec. 429.67 by revising paragraphs (c)(2)(ii)(A)(2), (f)(2),
and (f)(3)(i) and (ii) and adding paragraph (f)(4) to read as follows:
Sec. 429.67 Air-cooled, three-phase, small commercial package air
conditioning and heating equipment with a cooling capacity of less than
65,000 British thermal units per hour and air-cooled, three-phase,
variable refrigerant flow multi-split air conditioners and heat pumps
with a cooling capacity of less than 65,000 British thermal units per
hour.
* * * * *
(c) * * *
(2) * * *
(ii) * * *
(A) * * *
(2) The lower 90 percent confidence limit (LCL) of the true mean
divided by 0.95, where:
[GRAPHIC] [TIFF OMITTED] TR09OC24.007
And x is the sample mean; s is the sample standard deviation; n is
the number of samples; and t0.90 is the Student's t-Distribution Values
for a 90 percent one-tailed confidence interval with n-1 degrees of
freedom (from appendix A to this subpart).
* * * * *
(f) * * *
(2) Pursuant to Sec. 429.12(b)(13), for each individual model (for
single-package systems) or individual combination (for split-systems,
including outdoor units with no match and ``tested combinations'' for
multi-split, multi-circuit, and multi-head mini-split systems), a
certification report must include the following public equipment-
specific information:
(i) Commercial package air conditioning equipment that is air-
cooled with a cooling capacity of less than 65,000 Btu/h (3-Phase):
(A) When certifying compliance with a SEER standard: The seasonal
energy efficiency ratio (SEER in British thermal units per Watt-hour
(Btu/Wh)), and the rated cooling capacity in British thermal units per
hour (Btu/h).
(B) When certifying compliance with a SEER2 standard: the seasonal
energy efficiency ratio 2 (SEER2 in British thermal units per Watt-hour
(Btu/Wh)) and the rated cooling capacity in British thermal units per
hour (Btu/h).
(ii) Commercial package heating equipment that is air-cooled with a
cooling capacity of less than 65,000 Btu/h (3-Phase):
(A) When certifying compliance with an HSPF standard: The seasonal
energy efficiency ratio (SEER in British thermal units per Watt-hour
(Btu/Wh)), the heating seasonal performance factor (HSPF in British
thermal units per Watt-hour (Btu/Wh)), and the rated cooling capacity
in British thermal units per hour (Btu/h).
(B) When certifying compliance with an HSPF2 standard: the seasonal
energy efficiency ratio 2 (SEER2 in British thermal units per Watt-hour
(Btu/Wh)), the heating seasonal performance factor 2 (HSPF2 in British
thermal units per Watt-hour (Btu/Wh)) and the rated cooling capacity in
British thermal units per hour (Btu/h).
[[Page 82069]]
(iii) Air-cooled, three-phase, variable refrigerant flow multi-
split air conditioners with a cooling capacity of less than 65,000 Btu/
h:
(A) When certifying compliance with a SEER standard: The seasonal
energy efficiency ratio (SEER in British thermal units per Watt-hour
(Btu/Wh)), and the rated cooling capacity in British thermal units per
hour (Btu/h).
(B) When certifying compliance with a SEER2 standard: the seasonal
energy efficiency ratio 2 (SEER2 in British thermal units per Watt-hour
(Btu/Wh)) and the rated cooling capacity in British thermal units per
hour (Btu/h).
(iv) Air-cooled, three-phase, variable refrigerant flow multi-split
heat pumps with a cooling capacity of less than 65,000 Btu/h:
(A) When certifying compliance with an HSPF standard: The seasonal
energy efficiency ratio (SEER in British thermal units per Watt-hour
(Btu/Wh)), the heating seasonal performance factor (HSPF in British
thermal units per Watt-hour (Btu/Wh)), and the rated cooling capacity
in British thermal units per hour (Btu/h).
(B) When certifying compliance with an HSPF2 standard: the seasonal
energy efficiency ratio 2 (SEER2 in British thermal units per Watt-hour
(Btu/Wh)), the heating seasonal performance factor 2 (HSPF2 in British
thermal units per Watt-hour (Btu/Wh)) and the rated cooling capacity in
British thermal units per hour (Btu/h).
(3) * * *
(i) Air cooled commercial package air conditioning equipment with a
cooling capacity of less than 65,000 Btu/h (3-phase): The nominal
cooling capacity in British thermal units per hour (Btu/h); rated
airflow in standard cubic feet per minute (SCFM) for each fan coil;
rated external static pressure in inches of water; refrigeration
charging instructions (e.g., refrigerant charge, superheat and/or
subcooling temperatures); frequency or control set points for variable
speed components (e.g., compressors, VFDs); required dip switch/control
settings for step or variable components; a statement whether the model
will operate at test conditions without manufacturer programming; any
additional testing instructions, if applicable; if a variety of motors/
drive kits are offered for sale as options in the basic model to
account for varying installation requirements, the model number and
specifications of the motor (to include efficiency, horsepower, open/
closed, and number of poles) and the drive kit, including settings,
associated with that specific motor that were used to determine the
certified rating; and which, if any, special features were included in
rating the basic model. Additionally, when certifying compliance with a
SEER2 standard, the supplemental information must also include: for
models of outdoor units with no match, the following characteristics of
the indoor coil: the face area, the coil depth in the direction of
airflow, the fin density (fins per inch), the fin material, the fin
style, the tube diameter, the tube material, and the numbers of tubes
high and deep.
(ii) Commercial package heating equipment that is air-cooled with a
cooling capacity of less than 65,000 Btu/h (3-phase): The nominal
cooling capacity in British thermal units per hour (Btu/h); rated
heating capacity in British thermal units per hour (Btu/h); rated
airflow in standard cubic feet per minute (SCFM) for each fan coil;
rated external static pressure in inches of water; refrigeration
charging instructions (e.g., refrigerant charge, superheat and/or
subcooling temperatures); frequency or control set points for variable
speed components (e.g., compressors, VFDs); required dip switch/control
settings for step or variable components; a statement whether the model
will operate at test conditions without manufacturer programming; any
additional testing instructions, if applicable; if a variety of motors/
drive kits are offered for sale as options in the basic model to
account for varying installation requirements, the model number and
specifications of the motor (to include efficiency, horsepower, open/
closed, and number of poles) and the drive kit, including settings,
associated with that specific motor that were used to determine the
certified rating; and which, if any, special features were included in
rating the basic model. Additionally, when certifying compliance with
an HSPF2 standard, the supplemental information must also include: for
models of outdoor units with no match, the following characteristics of
the indoor coil: the face area, the coil depth in the direction of
airflow, the fin density (fins per inch), the fin material, the fin
style, the tube diameter, the tube material, and the numbers of tubes
high and deep.
* * * * *
(4) The basic model number and individual model number(s) required
to be reported under Sec. 429.12(b)(6) must consist of the following:
Table 2 to Paragraph (f)(4)
----------------------------------------------------------------------------------------------------------------
Individual model number(s)
Equipment type Basic model number -----------------------------------------------------------
1 2 3
----------------------------------------------------------------------------------------------------------------
Single-Package (including Space- Number unique to Package........... N/A............... N/A.
Constrained). the basic model.
Single-Split System (including Number unique to Outdoor Unit...... Indoor Unit....... If applicable--Air
Space-Constrained and SDHV). the basic model. Mover (could be
same as indoor
unit if fan is
part of indoor
unit model
number).
Multi-Split, Multi-Circuit, and Number unique to Outdoor Unit...... When certifying a If applicable--
Multi-Head Mini-Split System the basic model. basic model based When certifying a
(including Space-Constrained on tested basic model based
and SDHV). combination(s): * on tested
* *. combination(s): *
When certifying an * *.
individual When certifying an
combination: Each individual
indoor units combination: Each
paired with the air movers paired
outdoor unit. with the outdoor
unit.
Outdoor Unit with No Match...... Number unique to Outdoor Unit...... N/A............... N/A.
the basic model.
----------------------------------------------------------------------------------------------------------------
0
20. Amend Sec. 429.68 by revising paragraph (a)(2)(ii) introductory
text and adding paragraph (b) to read as follows:
Sec. 429.68 Air cleaners.
(a) * * *
(2) * * *
(ii) Any represented value of the integrated energy factor or other
measure of energy consumption of a
[[Page 82070]]
basic mode for which consumers would favor higher values shall be less
than or equal to the lower of:
* * * * *
(b) Certification reports. (1) The requirements of Sec. 429.12 are
applicable to air cleaners; and
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following public product-specific information:
(i) Smoke clean air delivery rate (CADR) in cubic feet per minute
(cfm);
(ii) Dust CADR in cfm;
(iii) PM2.5 CADR in cfm;
(iv) Annual energy consumption in kilowatt hours per year (kWh/yr);
(v) Integrated energy factor in PM2.5 CADR per watt; and
(vi) Effective room size in square feet.
0
21. Amend Sec. 429.70 by revising table 2 to paragraph (c)(5)(vi)(B)
to read as follows:
Sec. 429.70 Alternative methods for determining energy efficiency and
energy use.
* * * * *
(c) * * *
(5) * * *
(vi) * * *
(B) * * *
Table 2 to Paragraph (c)(5)(vi)(B)
------------------------------------------------------------------------
Applicable
Equipment Metric tolerance
------------------------------------------------------------------------
Commercial Packaged Boilers.... Combustion Efficiency.. 5% (0.05)
Thermal Efficiency..... 5% (0.05)
Commercial Water Heaters or Hot Thermal Efficiency..... 5% (0.05)
Water Supply Boilers. Standby Loss........... 10% (0.1)
Unfired Storage Tanks.......... R-Value................ 10% (0.1)
Air-Cooled, Split and Packaged Energy Efficiency Ratio 5% (0.05)
ACs and HPs Greater Than or Energy Efficiency Ratio 5% (0.05)
Equal to 65,000 Btu/h Cooling 2. 5% (0.05)
Capacity and Less Than 760,000 Coefficient of 5% (0.05)
Btu/h Cooling Capacity. Performance. 10% (0.1)
Coefficient of 10% (0.1)
Performance 2. 10% (0.1)
Integrated Energy
Efficiency Ratio.
Integrated Ventilation,
Economizing, and
Cooling.
Integrated Ventilation
and Heating Efficiency.
Water-Cooled, Split and Energy Efficiency Ratio 5% (0.05)
Packaged ACs and HPs, All Energy Efficiency Ratio 5% (0.05)
Cooling Capacities. 2. 10% (0.1)
Integrated Energy 10% (0.1)
Efficiency Ratio.
Integrated Ventilation,
Economizing, and
Cooling.
Evaporatively-Cooled, Split and Energy Efficiency Ratio 5% (0.05)
Packaged ACs and HPs, All Energy Efficiency Ratio 5% (0.05)
Capacities. 2. 10% (0.1)
Integrated Energy 10% (0.1)
Efficiency Ratio.
Integrated Ventilation,
Economizing, and
Cooling.
Water-Source HPs, All Energy Efficiency Ratio 5% (0.05)
Capacities.
Coefficient of 5% (0.05)
Performance.
Integrated Energy 10% (0.1)
Efficiency Ratio.
Single Package Vertical ACs and Energy Efficiency Ratio 5% (0.05)
HPs. Coefficient of 5% (0.05)
Performance. 10% (0.1)
Integrated Energy
Efficiency Ratio.
Packaged Terminal ACs and HPs.. Energy Efficiency Ratio 5% (0.05)
Coefficient of 5% (0.05)
Performance.
Variable Refrigerant Flow ACs Energy Efficiency Ratio 5% (0.05)
and HPs (Excluding Air-Cooled, Coefficient of 5% (0.05)
Three-phase with Less Than Performance. 10% (0.1)
65,000 Btu/h Cooling Capacity). Integrated Energy
Efficiency Ratio.
Computer Room Air Conditioners. Sensible Coefficient of 5% (0.05)
Performance.
Net Sensible 5% (0.05)
Coefficient of
Performance.
Direct Expansion-Dedicated Integrated Seasonal 10% (0.1)
Outdoor Air Systems. Coefficient of 10% (0.1)
Performance 2.
Integrated Seasonal
Moisture Removal
Efficiency 2.
Commercial Warm-Air Furnaces... Thermal Efficiency..... 5% (0.05)
Commercial Refrigeration Daily Energy 5% (0.05)
Equipment. Consumption.
------------------------------------------------------------------------
* * * * *
0
22. Amend Sec. 429.72 by revising paragraph (e) to read as follows:
Sec. 429.72 Alternative methods for determining non-energy ratings.
* * * * *
(e) Commercial instantaneous water heaters (other than storage-type
instantaneous water heaters) and hot water supply boilers. The storage
volume of a commercial instantaneous water heater (other than storage-
type instantaneous water heaters) or a hot water supply boiler basic
model may be determined by performing a calculation of the stored water
volume based upon design drawings (including computer-aided design
(CAD) models) or physical dimensions of the basic model. Any value of
storage volume of a basic model reported to DOE in a certification of
compliance in accordance with Sec. 429.44(c)(2)(iv) through (vii) must
be calculated using the design drawings or physical dimensions or
measured as per the applicable provisions in the test procedures in
Sec. 431.106 of this chapter. Calculations to determine storage volume
must include all water contained within the water heater from the inlet
connection(s) to the outlet connection(s). The storage volume of water
contained in the water heater must then be computed in gallons.
* * * * *
0
23. Amend Sec. 429.134 by adding paragraph (q)(5) to read as follows:
Sec. 429.134 Product-specific enforcement provisions.
* * * * *
(q) * * *
(5) Break-in period for refrigeration systems. DOE will perform a
compressor break-in period during assessment or
[[Page 82071]]
enforcement testing using a duration specified by the manufacturer, not
to exceed 20 hours, only if a break-in period duration is provided in
the certification report.
* * * * *
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
24. The authority citation for part 431 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
25. Amend Sec. 431.2 by revising the definition of ``Covered
equipment'' to read as follows:
Sec. 431.2 Definitions.
* * * * *
Covered equipment means any commercial heating, ventilating, and
air conditioning, and water heating product (HVAC & WH product), as
defined in Sec. 431.2; electric motor, as defined in Sec. 431.12;
commercial refrigerator, freezer, or refrigerator-freezer, as defined
in Sec. 431.62; automatic commercial ice maker, as defined in Sec.
431.132; commercial clothes washer, as defined in Sec. 431.152; fan or
blower, as defined in Sec. 431.172; distribution transformer, as
defined in Sec. 431.192; illuminated exit sign, as defined in Sec.
431.202; traffic signal module or pedestrian module, as defined in
Sec. 431.222; unit heater, as defined in Sec. 431.242; commercial
prerinse spray valve, as defined in Sec. 431.262; mercury vapor lamp
ballast, as defined in Sec. 431.282; refrigerated bottled or canned
beverage vending machine, as defined in Sec. 431.292; walk-in cooler
and walk-in freezer, as defined in Sec. 431.302; metal halide ballast
and metal halide lamp fixture, as defined in Sec. 431.322; compressor,
as defined in Sec. 431.342; small electric motor, as defined in Sec.
431.442; pump, as defined in Sec. 431.462; and dedicated purpose pool
pump motor, as defined in Sec. 431.483.
* * * * *
0
26. Amend Sec. 431.305 by revising paragraphs (a)(1) and (b)(1) to
read as follows:
Sec. 431.305 Walk-in cooler and walk-in freezer labeling
requirements.
(a) * * *
(1) Required information. The permanent nameplate of a walk-in
cooler or walk-in freezer panel for which standards are prescribed in
Sec. 431.306 must be marked clearly with the following information:
(i) The panel brand or manufacturer;
(ii) The date of manufacture; and
(iii) One of the following statements, as appropriate:
(A) ``This panel is designed and certified for use in walk-in
cooler applications.''
(B) ``This panel is designed and certified for use in walk-in
freezer applications.''
(C) ``This panel is designed and certified for use in walk-in
cooler and walk-in freezer applications.''
* * * * *
(b) * * *
(1) Required information. The permanent nameplate of a walk-in
cooler or walk-in freezer door for which standards are prescribed in
Sec. 431.306 must be marked clearly with the following information:
(i) The door brand or manufacturer;
(ii) For non-display doors manufactured with foam insulation, the
date of manufacture; and
(iii) One of the following statements, as appropriate:
(A) ``This door is designed and certified for use in walk-in cooler
applications.''
(B) ``This door is designed and certified for use in walk-in
freezer applications.''
(C) ``This door is designed and certified for use in walk-in cooler
and walk-in freezer applications.''
* * * * *
[FR Doc. 2024-21950 Filed 10-8-24; 8:45 am]
BILLING CODE 6450-01-P
