[Federal Register Volume 71, Number 142 (Tuesday, July 25, 2006)]
[Proposed Rules]
[Pages 42178-42219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6395]



[[Page 42177]]

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Part II





Department of Energy





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Office of Energy Efficiency and Renewable Energy



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10 CFR Parts 430 and 431



Energy Conservation Program: Test Procedures for Consumer Products and 
Certain Commercial and Industrial Equipment; Certification, Compliance 
and Enforcement Requirements for Consumer Products and for Certain 
Commercial and Industrial Equipment; Technical Amendment; Proposed Rule

  Federal Register / Vol. 71, No. 142 / Tuesday, July 25, 2006 / 
Proposed Rules  

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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Parts 430 and 431

[Docket No. EE-RM/TP-05-500]
RIN 1904-AB53


Energy Conservation Program: Test Procedures for Consumer 
Products and Certain Commercial and Industrial Equipment; 
Certification, Compliance, and Enforcement Requirements for Consumer 
Products and for Certain Commercial and Industrial Equipment; Technical 
Amendment to Energy Conservation Standards for Certain Consumer 
Products and Commercial and Industrial Equipment

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of proposed rulemaking and public meeting.

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SUMMARY: The Energy Policy Act of 2005 (EPACT 2005) includes amendments 
to the Energy Policy and Conservation Act (EPCA) to provide for new 
Federal energy efficiency and water conservation test procedures, and 
related definitions, for certain consumer products and certain 
commercial and industrial equipment. The amendments direct the 
Department of Energy (DOE or the Department) to establish new test 
procedures for many of these products and certain equipment, in most 
cases based on applicable testing practices generally accepted by 
industry and other government agencies. Today, DOE proposes test 
procedures for eleven types of products for which EPACT 2005 identified 
specific test procedures. In addition, DOE proposes test procedures for 
three other products for which EPACT 2005 did not specify specific test 
procedures. Furthermore, the Department is proposing to adopt a new 
version of the current test procedure for small commercial package air-
conditioning and heating equipment, which will not change the existing 
requirements.
    The Department is also proposing regulations for sampling during 
compliance testing, compliance certification, and enforcement to ensure 
compliance with EPACT's energy conservation standards. Today's proposed 
rule also includes compliance certification, and enforcement provisions 
that would also apply to commercial heating, ventilating, and air 
conditioning products, as well as commercial water heating products. 
The Department is also announcing a public meeting to discuss all of 
the above referenced proposals.
    Furthermore, the Department is announcing proposed technical 
corrections to the October 18, 2005 Final Rule, 70 FR 60407, which the 
Department has described in detail in today's proposed rule and will 
add to the rule language.

DATES: The Department will hold a public meeting on Tuesday, September 
26, 2006, from 9 a.m. to 5 p.m., in Washington, DC. The Department must 
receive requests to speak at the meeting before 4 p.m., Thursday, 
September 14, 2006. The Department must receive a signed original and 
an electronic copy of statements to be given at the public meeting 
before 4 p.m., Tuesday, September 19, 2006.
    The Department will accept comments, data, and information 
regarding the notice of proposed rulemaking (proposed rule) no later 
than October 10, 2006. See section VII, ``Public Participation,'' of 
this proposed rule for details.

ADDRESSES: You may submit comments, identified by docket number EE-RM/
TP-05-500 and/or Regulatory Information Number (RIN) 1904-AB53, by any 
of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include EE-
RM/TP-05-500 and/or RIN 1904-AB53 in the subject line of the message.
     Postal Mail: Ms. Brenda Edwards-Jones, U.S. Department of 
Energy, Building Technologies Program, Mailstop EE-2J, Energy 
Conservation Test Procedures for Consumer Products and Commercial 
Equipment, EE-RM/TP-05-500 and/or RIN 1904-AB53, 1000 Independence 
Avenue, SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. 
Please submit one signed paper original.
     Hand Delivery/Courier: Ms. Brenda Edwards-Jones, U.S. 
Department of Energy, Building Technologies Program, Room 1J-018, 1000 
Independence Avenue, SW., Washington, DC 20585-0121.
    Instructions: All submissions must include the agency name and 
docket number or RIN for this rulemaking. For detailed instructions on 
submitting comments and additional information on the rulemaking 
process, see section VII, ``Public Participation,'' of this proposed 
rule for details.
    Docket: For access to the docket to read background documents or 
comments received, go to the U.S. Department of Energy, Forrestal 
Building, Room 1J-018 (Resource Room of the Building Technologies 
Program), 1000 Independence Avenue, SW., Washington, DC, between 9 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays. Please call 
Ms. Brenda Edwards-Jones at (202) 586-2945 for additional information 
regarding visiting the Resource Room. Please note: The Department's 
Freedom of Information Reading Room (formerly Room 1E-190 at the 
Forrestal Building) is no longer housing rulemaking materials.

FOR FURTHER INFORMATION CONTACT: James Raba, U.S. Department of Energy, 
Office of Energy Efficiency and Renewable Energy, Building Technologies 
Program, EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-
0121, (202) 586-8654. E-mail: [email protected]. Francine Pinto, U.S. 
Department of Energy, Office of General Counsel, GC-72, 1000 
Independence Avenue, SW., Washington, DC 20585, (202) 586-9507. E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:
I. Background
II. Summary of Today's Action
III. Discussion--Energy Conservation Test Procedures for Consumer 
Products and Commercial and Industrial Equipment
    A. Ceiling Fans and Ceiling Fan Light Kits
    1. Ceiling Fans
    2. Ceiling Fan Light Kits
    B. Dehumidifiers
    C. Medium Base Compact Fluorescent Lamps
    D. Torchieres
    E. Unit Heaters
    F. Automatic Commercial Ice Makers
    G. Commercial Prerinse Spray Valves
    H. Illuminated Exit Signs
    I. Traffic Signal Modules and Pedestrian Modules
    J. Refrigerated Bottled or Canned Beverage Vending Machines
    K. Commercial Package Air-Conditioning and Heating Equipment
    L. Commercial Refrigerators, Freezers, and Refrigerator-Freezers
    M. Battery Chargers and External Power Supplies
    1. Battery Chargers
    2. External Power Supplies
IV. Discussion--Compliance and Enforcement
    A. Sampling, Manufacturer Certification, and Enforcement--
General
    B. Sampling Plans for Compliance and Enforcement Testing
    C. Manufacturer Certification for Distribution Transformers
    D. General Requirements for Consumer Products and Commercial and 
Industrial Equipment
V. Corrections to the Recent Technical Amendment to DOE's Energy 
Conservation Standards
VI. Procedural Requirements

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    A. Review Under Executive Order 12866, ``Regulatory Planning and 
Review''
    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, ``Federalism''
    F. Review Under Executive Order 12988, ``Civil Justice Reform''
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act of 1999
    I. Review Under Executive Order 12630, ``Governmental Actions 
and Interference with Constitutionally Protected Property Rights''
    J. Review Under the Treasury and General Government 
Appropriations Act of 2001
    K. Review Under Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, 
or Use''
    L. Review Under Section 32 of the Federal Energy Administration 
(FEA) Act of 1974
VII. Public Participation
    A. Attendance at Public Meeting
    B. Procedure for Submitting Requests to Speak
    C. Conduct of Public Meeting
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
VIII. Approval of the Office of the Secretary

I. Background

    The Energy Policy Act of 2005 (EPACT 2005) (Pub. L. 109-58) was 
enacted on August 8, 2005. Subtitle C of Title I of EPACT 2005 includes 
provisions that amend Part B of Title III of the Energy Policy and 
Conservation Act (EPCA) (42 U.S.C. 6291-6309), which provides for an 
energy conservation program for consumer products other than 
automobiles, as well as Part C of Title III of EPCA (42 U.S.C. 6311-
6317), which provides for a program, similar to the energy conservation 
program for consumer products in Part B, for certain commercial and 
industrial equipment. EPACT 2005 prescribes new or amended energy 
conservation standards and/or test procedures and directs DOE to 
undertake rulemakings to promulgate such requirements.
    On October 18, 2005, DOE placed into Title 10 of the Code of 
Federal Regulations (CFR) the energy conservation standards and related 
definitions that EPACT 2005 prescribed (hereafter referred to as the 
October 2005 final rule). 70 FR 60407. DOE also announced that it was 
not exercising the discretionary authority provided in EPACT 2005 for 
the Secretary of Energy (the Secretary) to revise product or equipment 
definitions and energy conservation standards set forth in the statute, 
but that it might exercise this authority later.
    By today's action, DOE is proposing test procedures for measuring 
energy efficiency and water-use efficiency and related definitions, as 
well as test sampling, compliance certification, and enforcement 
requirements, for various consumer products and commercial and 
industrial equipment covered by EPACT 2005's amendments to EPCA. Table 
1 identifies most of the products and equipment these amendments cover, 
and shows the ones for which DOE is proposing to adopt test procedures, 
the sections of EPACT 2005 and EPCA that authorize and require these 
test procedures, and the sections in the CFR where DOE proposes to 
place them.

                  Table 1.--Test Procedures and General Requirements--Authority and Placement*
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                                     EPACT 2005                                                10 CFR  section
   Product or equipment type           Section          EPCA section       U.S.C. section         (proposed)
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Ceiling fans...................  135(b)(1).........  323(b)(16)(A)(i)..  42 U.S.C.           430.23(w)
                                                                          6293(b)(16)(A)(i).
Ceiling fan light kits.........  135(b)(1).........  323(b)(16)(A)(ii).  42 U.S.C.           430.23(x)
                                                                          6293(b)(16)(A)(ii
                                                                          ).
Dehumidifiers..................  135(b)(1).........  323(b)(13)........  42 U.S.C.           430.23(z)
                                                                          6293(b)(13).
Medium base compact fluorescent  135(b)(1).........  323(b)(12)........  42 U.S.C.           430.23(y)
 lamps.                                                                   6293(b)(12).
Battery chargers...............  135(c)(4).........  325(u)............  42 U.S.C. 6295(u).  430.23(aa)
External power supplies........  135(c)(4).........  325(u)............  42 U.S.C. 6295(u).  430.23(bb)
Torchieres*....................  135(c)(4).........  325(x)............  42 U.S.C. 6295(x).  430.23(cc)
Unit heaters**.................  135(c)(4).........  325(aa)...........  42 U.S.C 6295(aa).  Part 431, Subpart
                                                                                              N.
Automatic commercial ice makers  136(f)(1).........  343(a)(7)(A)......  42 U.S.C.           Part 431, Subpart
                                                                          6314(a)(7)(A).      H.
Commercial prerinse spray        135(b)(1).........  323(b)(14)........  42 U.S.C.           Part 431, Subpart
 valves.                                                                  6293(b)(14).        O.
Illuminated exit signs.........  135(b)(1).........  323(b)(9).........  42 U.S.C.           Part 431, Subpart
                                                                          6293(b)(9).         L.
Traffic signal modules and       135(b)(1).........  323(b)(11)........  42 U.S.C.           Part 431, Subpart
 pedestrian modules.                                                      6293(b)(11).        M.
Refrigerated bottled or canned   135(b)(1).........  323(b)(15)........  42 U.S.C.           Part 431, Subpart
 beverage vending machines.                                               6293(b)(15).        Q.
Very large commercial package    136(f)(1).........  343(a)(4).........  42 U.S.C.           Part 431, Subpart
 air conditioning and heating                                             6314(a)(4).         F.
 equipment.
Commercial refrigerators,        136(f)(1).........  343(a)(6).........  42 U.S.C.           Part 431, Subpart
 freezers, and refrigerator-                                              6314(a)(6).         C.
 freezers.
Ice-cream freezers; commercial   136(f)(1)(B)......  343(a)(6)(A)(i)...  42 U.S.C.           Part 431, Subpart
 refrigerators, freezers, and                                             6314(a)(6)(A)(i).   C.
 refrigerator-freezers with a
 self-contained condensing unit
 and without doors; and
 commercial refrigerators,
 freezers, and refrigerator-
 freezers with a remote
 condensing unit.
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* EPACT 2005 does not expressly authorize DOE to promulgate a test procedure for torchieres. However, the
  statute does expressly authorize energy conservation standards for torchieres thereby implicitly authorizing
  to DOE to issue the relevant test procedure.
** The Department is proposing to adopt definitions and other general provisions for unit heaters.


[[Page 42180]]

II. Summary of Today's Action

    Today's proposed rule implements the portions of sections 135 and 
136 of EPACT 2005 that amend EPCA. These sections direct the Department 
to establish test procedures based on specifications of the Federal 
ENERGY STAR program or industry consensus standards that the statute 
identifies.\1\ Each of these ENERGY STAR specifications and industry 
standards, however, contains not only energy test procedures, but also 
provisions that are irrelevant in determining the energy use, water 
use, or efficiency of the products to which they apply. The Department 
is proposing to adopt only those sections of the ENERGY STAR 
specifications and industry consensus standards that specify test 
procedures relevant to the measurement of energy efficiency or water 
consumption. The Department proposes to incorporate these sections by 
reference into its rules, in some cases with clarifying changes or 
additions that do not alter the substance of the test procedure. The 
Department would place the test procedures and related definitions for 
consumer products in 10 CFR part 430 (``Energy Conservation Program for 
Consumer Products''), and the test procedures and definitions for 
commercial and industrial equipment in 10 CFR Part 431 (``Energy 
Efficiency Program for Certain Commercial and Industrial Equipment'').
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    \1\ Section 135(b)(1) of EPACT 2005, for example, directs that 
the test procedure for refrigerated bottled or canned vending 
machines ``shall be based on American National Standards Institute/
American Society of Heating, Refrigerating, and Air-Conditioning 
Engineers Standard 32.1-2004, entitled `Method of Testing for Rating 
Vending Machines for Bottled, Canned or Other Sealed Beverages'.'' 
(42 USC 6293(b)(15))
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    The Department is also proposing sampling procedures for compliance 
testing for each type of consumer product and commercial and industrial 
equipment covered by today's proposed rule. The proposed rule also 
includes compliance certification and enforcement provisions that would 
apply to most commercial and industrial equipment other than electric 
motors and some of the proposed enforcement provisions would not apply 
to distribution transformers.\2\ With a few exceptions, such as the 
regimen for enforcement testing, today's proposed requirements follow 
the same approach as regulations under 10 CFR part 430, although in 
some cases with revised language to clarify the requirements.
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    \2\ Enforcement provisions for distribution transformers are 
established in the test procedures final rule for distribution 
transformers published on April 27, 2006. 71 FR 24972. Certification 
and enforcement for electric motors are in subpart B of 10 CFR part 
431.
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    In addition, the Department recently incorporated the energy 
conservation standards prescribed by EPACT 2005 into 10 CFR parts 430 
and 431, 70 FR 60407 (October 18, 2005), and has identified several 
provisions of these technical amendments that do not accurately reflect 
the provisions of EPACT 2005. A summary discussion of these corrections 
and clarifications is found in section V. As these changes will merely 
serve to incorporate the energy and water use standards set forth in 
EPACT 2005 into DOE's rules, they are not subject to comment. They 
will, however, be included in the final rule.

III. Discussion--Energy Conservation Test Procedures for Consumer 
Products and Commercial and Industrial Equipment

A. Ceiling Fans and Ceiling Fan Light Kits

    Section 135(c)(4) of EPACT 2005 includes an amendment to section 
325 of EPCA (42 U.S.C. 6295) to add subsection (v)(1), which requires 
test procedures and energy conservation standards for ceiling fans and 
ceiling fan light kits. Sections 135(b)(1) and 135(c)(4) of EPACT 2005 
also contain additional provisions as to test procedures and standards, 
respectively, for ceiling fans and ceiling fan light kits. Today's 
proposed rule addresses these products separately because the 
requirements for them differ.
    1. Ceiling Fans. Section 325(v)(1) of EPCA (42 U.S.C. 6295(v)(1)) 
directs the Secretary to prescribe, by rule, test procedures for 
ceiling fans. Furthermore, section 135(b)(1) of EPACT 2005 amends 
section 323(b) of EPCA (42 U.S.C. 6293(b)) to add subparagraph 
(16)(A)(i), which states that test procedures for ceiling fans ``shall 
be based on the ``ENERGY STAR Testing Facility Guidance Manual: 
Building a Testing Facility and Performing the Solid State Test Method 
for ENERGY STAR Qualified Ceiling Fans, Version 1.1' published by the 
Environmental Protection Agency'' (EPA).
    The Department's adoption of test procedures under these sections 
is influenced, to a limited extent, by EPCA's new provisions as to 
standards for ceiling fans. Section 135(c)(4) of EPACT 2005 amends 
section 325 of EPCA (42 U.S.C. 6295) to add subsection (ff)(1)(A), 
which prescribes design requirements for ceiling fans. The Department 
incorporated these requirements into 10 CFR part 430 in the October 
2005 final rule. 70 FR 60407. Test procedures under EPCA for consumer 
products, however, must be designed to ``measure energy efficiency, 
energy use, * * * or estimated annual operating cost.'' 42 U.S.C. 
6293(b)(3). Moreover, test procedures are not required for determining 
compliance with design standards (42 U.S.C. 6295(s)). Generally, they 
are unnecessary for assessing whether a product complies with an 
applicable design standard, and DOE believes they are not needed to 
determine compliance with EPCA's design standards for ceiling fans. 
Therefore, today's proposed test procedure for this product does not 
address these design standards. However, section 135(c)(4) of EPACT 
2005 also adds subsection 323(ff)(6) to EPCA, which specifically 
authorizes DOE to prescribe energy efficiency or energy use standards 
for the electricity that ceiling fans use to circulate air in a room. 
Today's proposed test procedures provide a method for testing for 
airflow efficiency and a method for measuring the energy use and energy 
efficiency as to the electricity consumed by ceiling fans.
    The ENERGY STAR Guidance Manual, on which DOE must base certain of 
its test procedures, provides definitions of terms, minimum 
requirements necessary for building a ceiling fan testing chamber, test 
equipment tolerances, guidance for equipment setup, requirements for 
test facility fan calibration to a standard calibration fan, procedures 
for performing product testing for airflow and airflow efficiency, 
requirements for documentation and reporting test results, and 
provisions for challenge testing. However, the Guidance Manual does not 
specifically describe how to measure the power consumed during the 
airflow test. This allows manufacturers to use different methods for 
measuring power consumed, and could mean the test results would not be 
comparable to one another. It could also result in disputes as to the 
validity of methods used to measure power consumption and of test 
results. Consequently, to assure comparable and sound results, the 
Department proposes to include a method for power measurement as part 
of the test procedure. In addition, the Department believes that the 
Guidance Manual is too restrictive in requiring that specific 
proprietary sensors and sensor software be used for performing airflow 
measurements. Thus, the Department is proposing to allow test 
facilities to use sensors and sensor software equivalent to the 
proprietary sensors and sensor software prescribed in the Guidance

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Manual, provided that the testing facility verifies the performance of 
the equipment used.
    The Department finds that the test methods in the Guidance Manual, 
with the modifications just described, satisfy the instructions in 
section 135(b)(1) of EPACT 2005 to test ceiling fans. Therefore, DOE 
proposes to incorporate the applicable ENERGY STAR test procedure 
requirements, along with additional requirements on power measurement 
and the sensors and sensor software used for performing the airflow 
test, into Appendix U to Subpart B of 10 CFR part 430. This test 
procedure would also provide a foundation for developing energy 
conservation standards for airflow efficiency for ceiling fans.
    2. Ceiling Fan Light Kits. Section 135(c)(4) of EPACT 2005 amends 
section 325 of EPCA (42 U.S.C. 6295) to add subsection (v)(1), which 
directs the Secretary to prescribe, by rule, test procedures for 
ceiling fan light kits. Additionally, section 135(b)(1) of EPACT 2005 
amends section 323(b) of EPCA (42 U.S.C. 6293(b)) to add subparagraph 
(16)(A)(ii), which states that test procedures for ceiling fan light 
kits ``shall be based on'' the test methods ``referenced in the ENERGY 
STAR specifications for Residential Light Fixtures [RLFs] and Compact 
Fluorescent Light Bulbs [CFLs],'' as in effect on August 8, 2005. The 
relevant ENERGY STAR specifications in effect at that time were version 
3.2 for RLFs, which applies to ceiling fan light kits with sockets for 
pin-based fluorescent lamps, and version 3.0 for CFLs, which applies to 
ceiling fan light kits with sockets for screw base lamps. Version 3.2 
for RLFs originally became effective on September 19, 2003, and version 
3.0 for CFLs originally became effective on January 1, 2004.
    Section 135(c)(4) of EPACT 2005 amends section 325 of EPCA (42 
U.S.C. 6295) to prescribe standards for certain ceiling fan light kits 
manufactured on or after January 1, 2007. Specifically, new subsection 
325(ff)(2) of EPCA (42 U.S.C. 6295(ff)(2)) provides that ceiling fan 
light kits with medium screw base sockets must be packaged with screw-
based lamps to fill all of the sockets, and these lamps must either 
meet the ``ENERGY STAR Program Requirements for Compact Fluorescent 
Lamps, version 3.0,'' or use light sources other than CFLs that have at 
least equivalent efficacy. And new subsection 325(ff)(3) of EPCA (42 
U.S.C. 6295(ff)(3)) requires that ceiling fan light kits which have 
pin-based sockets for fluorescent lamps manufactured on, or after, 
January 1, 2007, must be packaged with lamps to fill all of the 
sockets, and that these lamps must meet the ``ENERGY STAR Program 
Requirements for Residential Light Fixtures, version 4.0.''
    For ceiling fan light kits with sockets for screw-base lamps, DOE 
is proposing to adopt as its test procedure the test methods in version 
3.0 of the ENERGY STAR specifications for CFLs. Obviously, this 
satisfies the requirement that the test procedure be ``based on'' 
version 3.0. Also, the Department believes these test methods provide a 
sound basis for determining the efficacy of CFLs and compliance with 
the standards, which therefore satisfies the requirements of section 
323(b)(3) of EPCA. (42 U.S.C. 6393(b)(3))
    With regard to ceiling fan light kits with pin-based sockets for 
fluorescent lamps, EPCA specified that DOE must base its test procedure 
on version 3.2 of the ENERGY STAR specifications for RLFs, but that 
these lamps must meet the standards in version 4.0 of these 
specifications. (42 U.S.C. 6293(b)(16)(A)(i) and 6295(ff)(3)(A)) Most 
of the provisions, and the overall approach, are the same in the test 
methods contained in versions 3.2 and 4.0. Version 4.0, however, adds 
several provisions that make the test procedure more complete (e.g., a 
new electronic ballast requirement that reduces the number of permitted 
pin-based configurations, and improves quality and efficiency). Version 
4.0 is based on the test procedure in version 3.2, and DOE believes it 
provides a sound basis for determining compliance with the standards, 
which therefore satisfies the requirements of section 323(b)(3) of EPCA 
(42 U.S.C. 6293(b)(3). For all of these reasons, the Department 
proposes to incorporate by reference the test methods in the ``ENERGY 
STAR Program Requirements for Residential Light Fixtures,'' version 
4.0, to measure the efficacy of pin-based fluorescent lamps that are 
packaged with ceiling fan light kits.
    The Department notes that, where version 4.0 of the RLF test 
procedure refers to measurement of efficacy of these lamps, it requires 
determination of the system efficacy for the lamp/ballast combination 
in lumens per watt (LPW), as seen in Tables 1 and 2A of the test 
procedure. Thus, the lamp must be tested when it is plugged into a 
fixture that contains the appropriate ballast. By contrast, this is not 
a concern in testing medium screw base CFLs, because the ballast for 
such lamp is built into the lamp.
    Finally, section 135(c)(4) of EPACT 2005 amends section 325 of EPCA 
(42 U.S.C. 6295) by adding new subsection (ff)(4), which directs DOE to 
``consider and issue requirements'' for any ceiling fan light kits 
other than those with medium screw base or pin-based sockets, 
``including candelabra screw base sockets.'' The statute has two 
default requirements: 1) these ceiling fan light kits shall not be 
capable of operating with lamps that total more than 190 watts; and 2) 
the ceiling fan light kits must be packaged with lamps whose total 
wattage does not exceed 190 watts. For the latter packaging 
requirement, a limit on the total wattage of lamps packaged with a 
ceiling fan light kit, no test procedure is required. A manufacturer 
would simply ensure that there be sufficient lamps packaged with the 
ceiling fan light kit to fill any and all sockets in the fixture and 
the total wattage of those lamps would not exceed 190 watts. In the 
former requirement, the statute requires that these kits not be capable 
of operating with lamps that total more than 190 watts. To satisfy this 
requirement, the Department considered two approaches.
    One approach would be for the Department to interpret the statutory 
requirement of ``not be capable of operating with lamps that total more 
than 190 watts'' as a design requirement, similar to features required 
by EPACT 2005 for ceiling fans (e.g., variable fan speed control and 
separate controls for fan and lights). Under this approach, there would 
be no test procedure required by the Department. However, manufacturers 
of these ceiling fan light kits would be required to incorporate some 
measure such as a fuse, circuit breaker or current-limiting device to 
ensure the light kit was not capable of operating with a lamp or lamps 
totaling more than 190 watts.
    The alternative approach would be for the Department to adopt a 
test procedure that would measure the power consumption of the ceiling 
fan light kit. Such a test procedure would determine if the ceiling fan 
light kit were capable of operating with a lamp or lamps totaling more 
than 190 watts. DOE believes there are likely designs where it would 
not be apparent that the product meets the standards and that it would 
be necessary to test the light kit. Therefore, DOE is proposing a test 
procedure that incorporates by reference selected provisions from the 
``IESNA Approved Method for Electrical and Photometric Measurements of 
General Service Incandescent Filament Lamps,'' LM-45-00, for lamps 
whose total wattage exceeds 190 watts. The sections of LM-45-00 being 
proposed for incorporation by reference are section 1.2, ``Nomenclature 
and Definitions,'' section 3.0, ``Power Source Characteristics'' (for 
AC power only),

[[Page 42182]]

section 4.0, ``Circuits'' (for AC power only), and section 7.0, 
``Electrical Instrumentation.'' In the testing configuration setup 
depicted in figure 1(b) of section 4.0, the Department proposes to 
replace the lamp (L) by the ceiling fan light kit being tested. In this 
proposed test method, lamps totaling more than 190 watts are installed 
into the ceiling fan light kit to determine whether it consumes more 
than 190 watts as described in Appendix U to Subpart B of 10 CFR Part 
430.
    The Department requests comment on the proposed approach of 
interpreting the 190-watt requirement as an energy consumption 
standard, and requiring manufacturers to test their products using the 
test procedure incorporated by reference in this notice for ceiling fan 
light kits with sockets for lamps with bases other than medium screw-
base sockets and pin-based sockets for lamps packaged with ceiling fan 
light kits.

B. Dehumidifiers

    Section 135(b)(1) of EPACT 2005 amends section 323(b) of EPCA (42 
U.S.C. 6293(b)) to add subsection (b)(13) for dehumidifiers. New 
subsection 323(b)(13) (42 U.S.C. 6293(b)(13)) directs the Secretary to 
prescribe test procedures for dehumidifiers based on the test criteria 
in the ``ENERGY STAR Program Requirements for Dehumidifiers,'' as in 
effect on August 8, 2005.\3\ The DOE proposes to incorporate by 
reference into 10 CFR Part 430 test criteria used under the ``ENERGY 
STAR Program Requirements for Dehumidifiers,'' as in effect on August 
8, 2005, which references the American National Standards Institute 
(ANSI)/Association of Home Appliance Manufacturers (AHAM) Standard DH-
1-2003, ``Dehumidifiers,'' for energy consumption measurements during 
capacity-rating tests and the Canadian Standards Association (CAN)/
(CSA) Standard C749-1994, ``Performance of Dehumidifiers,'' for energy 
factor calculations. In addition, section 135(c)(4) of EPACT 2005 
amends section 325 of EPCA (42 U.S.C. 6295) by adding new subsection 
(cc) which prescribes energy conservation standards, consisting of 
minimum energy factors, for dehumidifiers, manufactured on, or after, 
October 1, 2007.
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    \3\ The ENERGY STAR Program Requirements for Dehumidifiers went 
into effect on January 1, 2001.
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    ANSI/AHAM DH-1-2003 provides definitions of terms, measurement 
tolerances, and testing procedures to measure the ability of a 
dehumidifier to remove moisture from its surrounding atmosphere in 
pints of water per day and liters of water consumed per kilowatt hour 
(L/kWh). This information is needed to determine the Energy Factor of a 
dehumidifier as calculated in accordance with section 4.2, ``Standard 
Rating of Energy Factor,'' of CAN/CSA-C749-1994. Hence, these test 
procedures provide a sound means for determining compliance with the 
standards in section 325(cc) of EPCA, as amended (42 U.S.C. 6295(cc)). 
The Department also concludes that they satisfy the requirements of 
section 323(b)(3) of EPCA. (42 U.S.C. 6293(b)(3))

C. Medium Base Compact Fluorescent Lamps

    Section 135(b)(1) of EPACT 2005 amends section 323(b) of EPCA (42 
U.S.C. 6293(b)) to add subsections (b)(12)(A) through (C), for ``medium 
base'' CFLs. (These CFLs are also commonly referred to as ``screw 
base'' CFLs.) The new subsection 323(b)(12)(A) of EPCA (42 U.S.C. 
6293(b)(12)(A)) requires test procedures for medium base CFLs to be 
based on the August 9, 2001, version of the ENERGY STAR program 
requirements for CFLs, (the ``August 9 version'') which became 
effective October 1, 2001. Correspondingly, section 135(c)(4) of EPACT 
2005 adds new subsection (bb)(1) to section 325 of EPCA to prescribe 
standards for CFLs, requiring that they meet the requirements in the 
August 9 version for minimum initial efficiency, lumen maintenance at 
1000 hours, lumen maintenance at 40 percent of rated life, rapid cycle 
stress, and lamp life. (42 U.S.C. 6295(bb)(1)) Furthermore, new 
subsection 323(b)(12)(B) of EPCA specifically requires that medium base 
CFLs be tested for all of these parameters.\4\ (42 U.S.C. 
6293(b)(12)(B))
---------------------------------------------------------------------------

    \4\ As noted above, Section 135(b)(1) of EPACT 2005 added 
subsections (b)(12)(A)-(C) for medium base CFL's. Subsection 
(b)(12)(B) erroneously references section 325(cc) as containing the 
regulated parameters for these CFL's. Instead, section 325(cc) 
contains standards for ``Dehumidifiers.''
---------------------------------------------------------------------------

    Effective January 1, 2004, however, the Department replaced the 
August 9 version with the ``ENERGY STAR Program Requirements for 
CFLs,'' version 3.0. The standards for CFLs remained unchanged, as did 
the method for testing a unit of a lamp. But version 3.0 increased to 
ten (from five in the August 9 version) the minimum number of units of 
each model that had to be tested to determine the efficacy of that 
model. This change means that the efficacy ratings resulting from 
testing would be more accurate, although obviously it also increases 
the test burden on manufacturers.
    The Department believes that the test methods in both the August 9 
version and version 3.0 meet EPCA's criteria for test procedures for 
CFLs. Obviously DOE adoption of the August 9 version would satisfy the 
requirement that the test procedures for CFLs ``be based on'' that 
version. (42 U.S.C. 6293(b)(12)(A)) Adoption of version 3.0 would also 
satisfy that requirement, given its similarity to the August 9 version. 
In addition, although version 3.0 is both better at measuring 
efficiency and more burdensome, the Department has examined both 
versions and believes that both are ``reasonably designed to * * * 
measure energy efficiency * * * and [are] not unduly burdensome to 
conduct,'' as required by 42 U.S.C. 6293(b)(3).
    Because new subsection 323(b)(12)(A) of EPCA (42 U.S.C. 
6293(b)(12)(A)) specifically identifies the test methods under the 
August 9 version as the ones which the test procedure for medium base 
CFLs ``shall be based,'' the Department is proposing today to 
incorporate into 10 CFR Part 430 the ``ENERGY STAR Program Requirements 
for CFLs,'' August 9, 2001, to measure minimum initial efficacy, lumen 
maintenance at 1000 hours, and 40 percent of rated life, rapid cycle 
stress, and lamp life. However, as indicated above, EPCA requires that 
the test procedure for testing CFLs in ceiling fan light kits with 
screw based sockets be based on version 3.0 (42 U.S.C. 
6293(16)(A)(ii)), and DOE is proposing to adopt version 3.0 as the test 
procedure for these kits. If DOE were to adopt both this proposal and 
the proposal to require use of the August 9 version for testing CFLs, 
its regulations would incorporate two different testing regimens for 
testing the same product to determine whether it meets a particular 
efficacy standard. The Department believes that this could cause 
confusion and be unduly burdensome to manufacturers. In addition, 
because, as noted above, version 3.0 would produce more accurate 
results, DOE finds it preferable to the August 9 version. For these 
reasons, the Department is proposing adoption of provisions from 
version 3.0 instead of the August 9 version, and requests comments on 
whether the test procedures for medium base CFLs should consist of the 
test methods in the ``ENERGY STAR Program Requirements for CFLs,'' 
version 3.0.
    Finally, two of the five performance requirements in EPCA's 
standards for CFLs concern ``lumen maintenance.'' (42 U.S.C. 
6295(bb)(1)) However, in examining the ENERGY STAR program requirements 
for CFLs, August 9, 2001,

[[Page 42183]]

the Department noted an apparent inconsistency in language regarding 
this term. Specifically, the table in the August 9 version that 
delineates ``Photometric Performance Requirements'' includes ``lumen 
maintenance'' among the specified properties for CFLs. In contrast, the 
table in the August 9 version that cites the ``Referenced Standards/
Procedures,'' (i.e., the test procedures, for measuring the specified 
performance properties of CFLs makes no reference to testing for 
``lumen maintenance.'') Rather, this table cites procedures for 
measuring ``lumen depreciation.'' The Department interprets these 
tables as using the terms ``lumen maintenance'' and ``lumen 
depreciation'' synonymously. To ensure clarity on this point, today's 
rule defines ``lumen depreciation'' as having the same meaning as 
``lumen maintenance'' in the test procedure for CFLs. The Department 
solicits stakeholder comments about whether ``lumen maintenance'' and 
``lumen depreciation'' may be taken as synonymous.

D. Torchieres

    EPACT 2005 neither prescribes, nor directs DOE to develop, a test 
procedure for torchieres. However, section 135(c)(4) of EPACT 2005 
amends section 325 of EPCA to add subsection (x) for torchieres, which 
establishes that torchieres manufactured on or after January 1, 2006, 
shall ``consume not more than 190 watts of power'' and shall ``not be 
capable of operating with lamps that total more than 190 watts.'' (42 
U.S.C. 6295(x)(1) and (x)(2), respectively) In the October 2005 final 
rule, DOE incorporated these requirements into 10 CFR section 430.32(t) 
of its rules. 70 FR 60412-13.
    The language of these two requirements is problematic. Read 
literally, they appear either to be redundant or not to make sense. The 
first requirement appears to limit total energy consumption by a 
torchiere to 190 watts, and the second appears to require that the 
torchiere not be able to operate with lamps that draw more than 190 
watts. On the one hand, such requirements would be redundant because 
all or virtually all of the electricity a torchiere consumes is used to 
operate the lamps it contains. On the other hand, assuming for the sake 
of this discussion that torchieres consume more than the amount of 
electricity needed to operate the lamps they use--they could not 
consume less--it would not make sense to limit both the torchiere and 
the lamps it uses to consumption of the same maximum amount of 
electricity use (in this case 190 watts).
    Another possible reading of subsections 325(x)(1) and (x)(2) is 
that both address electricity consumption by torchieres themselves, and 
require that torchieres not consume, or be capable of consuming, 
respectively, more than 190 watts. (42 U.S.C. 6295(x)(1) and (x)(2)) 
Under this reading, however, the two subsections would clearly be 
redundant. To produce a torchiere that would not consume 190 watts, a 
manufacturer would have to make sure that the fixture was not capable 
of doing so, and, conversely, any equipment constructed to be incapable 
of operating above 190 watts would not operate above that wattage.
    The Department also believes that subsection 325(x)(1) can be 
interpreted as requiring that torchieres be packaged and sold with 
lamps that do not consume more than 190 watts, with subsection 
325(x)(2) being interpreted strictly in accordance with its terms as 
requiring that torchieres not be able to operate with lamps totaling 
more than 190 watts. The Department believes this is the soundest 
interpretation of these provisions. Torchieres are always, or virtually 
always, sold with lamps enclosed with the product's packaging. In 
effect, the lamps are part of the product as manufactured and sold. 
Furthermore, as pointed out above, a torchiere will consume the amount 
of electricity drawn by the lamps it uses. Thus, the requirement that a 
torchiere ``consume not more than 190 watts,'' (42 U.S.C. 6295(x)(1)) 
which applies to the product as manufactured and then distributed in 
commerce by the manufacturer, can reasonably be interpreted as 
requiring that the torchiere be packaged with lamps totaling 190 watts 
or less.
    Such a requirement complements the provision that torchieres ``not 
be capable of operating with lamps'' totaling that same wattage. (42 
U.S.C. 6295(x)(2)) The norm for torchieres, as with other lighting 
fixtures, is that users will replace the product's lamps, often 
numerous times during its life. In conjunction with a requirement that 
torchieres be distributed with lamps that consume no more than 190 
watts, it makes sense to require that torchieres be unable to operate 
with lamps totaling more than that wattage, so as to assure that 
consumers will not use the product at energy levels above the level 
contemplated in the Act. Not only does this approach make sense given 
the nature of the product here, but it also gives meaning to both 
subsections (x)(1) and (2).
    Furthermore, it reflects the approach the Congress took in the only 
other provision of section 135(c)(4) of EPACT 2005 that contains a 
similar two-pronged energy conservation standard for a lighting 
fixture. For ceiling fan light kits that have neither medium screw base 
sockets nor bin-based sockets, the default standard EPACT 2005 provides 
that a ceiling fan light kit (1) must include lamps that total 190 
watts or less and (2) shall not be capable of operating with lamps 
totaling more than 190 watts. (42 U.S.C. 6295(ff)(4)(c)) For these 
reasons, DOE intends to interpret 42 U.S.C. 6295(x) as requiring that 
torchieres be packaged and sold with lamps that do not consume more 
than 190 watts, and not be able to operate with lamps totaling more 
than 190 watts. Section 430.32(t)(2) of DOE's regulations already 
reflects the second prong of this interpretation, and in the final rule 
in this proceeding, the Department plans to modify section 430.32(t)(1) 
to reflect the first prong.
    As to the second prong, the Department construes it to mean that a 
torchiere must be designed and manufactured in such a way that either 
the fixture would not function, or the component lamps when operating 
would not consume more than 190 watts, when lamps exceeding that 
wattage are installed in the fixture. To satisfy this requirement, the 
Department is contemplating two approaches.
    One approach would be for the Department to interpret the statutory 
requirement of ``not be capable of operating with lamps that total more 
than 190 watts'' as a design requirement, similar to features required 
by section 135(c)(4) of EPACT 2005 for ceiling fans (e.g., variable fan 
speed control). Under this approach, the Department would not require a 
test procedure, and the Department's regulations would specify one or 
more features that torchieres would be required to incorporate, such as 
a fuse, circuit breaker or other current limiting device, so that they 
would either cease to operate, or would draw less than 190 watts, when 
the user installed a lamp or lamps totaling more than 190 watts in the 
unit. This approach would be consistent with EPCA's failure to mention 
test procedures for torchieres.
    The alternative approach would be for the Department to adopt a 
test procedure that would measure the power consumption of a torchiere. 
Such a test procedure would determine if the torchiere was capable of 
operating with a lamp or lamps totaling more than 190 watts. A test 
method to this effect is proposed in Appendix AA to Subpart B of Part 
430, Uniform Test Method for

[[Page 42184]]

Measuring the Energy Consumption of Torchieres. This proposed test 
method adapts and incorporates by reference selected provisions from 
the ``IESNA Approved Method for Electrical and Photometric Measurements 
of General Service Incandescent Filament Lamps,'' LM-45-00, along with 
lamps whose total wattage exceed 190 watts. The sections of LM-45-00 
being proposed for incorporation by reference are section 1.2, 
``Nomenclature and Definitions,'' section 3.0, ``Power Source 
Characteristics'' (for AC power only), section 4.0, ``Circuits'' (for 
AC power only), and section 7.0, ``Electrical Instrumentation.'' In the 
testing configuration setup depicted in figure 1(b) of section 4.0, the 
Department proposes to replace the lamp (L) by the torchiere being 
tested. In this proposed test method, a lamp or lamps totaling more 
than 190 watts are installed into the torchiere to determine whether it 
consumes more than 190 watts.
    The Department requests comment on the proposed approach of 
interpreting the 190 watt requirement as an energy consumption standard 
and requiring manufacturers to test their products using the test 
procedure incorporated by reference in this notice for torchieres.

E. Unit Heaters

    Section 135(c)(4) of EPACT 2005 amends section 325 of EPCA to add 
subsection (aa) (42 U.S.C. 6295(aa)), which requires that unit heaters 
manufactured on or after August 8, 2008, be equipped with an 
intermittent ignition device, and have power venting or an automatic 
flue damper. The Department incorporated these design standards into 10 
CFR 430 in the October 2005 final rule. 70 FR 60407. Test procedures 
under EPCA must be designed to measure ``energy efficiency, energy use, 
* * * or estimated annual operating cost.'' (42 U.S.C. 6314(a)(2)) Test 
procedures are not required for determining compliance with design 
standards (42 U.S.C. 6295(s)). Since EPACT 2005 promulgated design 
standard for unit heaters, the Department is not proposing test 
procedures for this equipment.
    However, the Department is proposing definitions for the terms 
``intermittent ignition device,'' ``power venting,'' ``automatic flue 
damper,'' and ``fan-type heater'' as they relate to unit heaters. The 
last of these terms appears in the definition of ``unit heater'' that 
appears in EPCA (EPACT 2005, section 135(a)(3), and 42 U.S.C. 6291(45)) 
and the October 2005 final rule, 70 FR 60407 and 10 CFR 431.242. The 
other terms appear in the unit heater standards adopted in EPCA (EPACT 
2005, section 135(c)(4) and 42 U.S.C. 6295(aa)) and the October 2005 
final rule, 70 FR 60407 and 10 CFR 431.246. The Department's adoption 
of these definitions would clarify coverage and content of the 
standards for unit heaters. The proposed definitions incorporate the 
content of definitions from industry consensus standards, with slight 
modifications that reflect their application to unit heaters. For 
example, the proposed definition of ``fan-type heater'' is derived from 
the definitions of that term in ANSI/ASHRAE Standard 103-1993, and the 
proposed definition of ``intermittent ignition device'' is derived from 
the definition of the term in ANSI Standard Z21.47-2001.\5\
---------------------------------------------------------------------------

    \5\ The definition of fan-type heater is the definition in ANSI/
ASHRAE 103-1993 without modification. The definition of intermittent 
ignition device is derived from the definition in ANSI.Z21.47-2001. 
The last sentence of the definition as it reads in ANSI.Z21.47-2001 
is not incorporated by reference because it details characteristics 
of the ignition source and is not needed for clarifying the test 
procedure. The definition of power venting was derived from DOE's 
Priority Setting for the 2003 fiscal year. The definition does not 
include the characteristics and advantages of using of the fan for 
venting purposes.
---------------------------------------------------------------------------

F. Automatic Commercial Ice Makers

    Section 136(f)(1)(B) of EPACT 2005 amends section 343 of EPCA to 
add subsection (a)(7)(A) (42 U.S.C. 6314(a)(7)(A)), which directs that 
the test procedures for automatic commercial ice makers ``shall be the 
test procedures specified in the Air-Conditioning and Refrigeration 
Institute [ARI] Standard 810-2003, as in effect on January 1, 2005.'' 
The title of this Standard is ``Performance Rating of Automatic 
Commercial Ice Makers.''
    ARI Standard 810-2003 provides definitions of terms, test 
requirements, and rating requirements. In particular, section 4, ``Test 
Requirements,'' of ARI Standard 810-2003 references the performance 
tests in the American Society of Heating, Refrigerating and Air-
Conditioning Engineers (ASHRAE) Standard 29, ``Methods of Testing 
Automatic Ice Makers,'' without indicating which version of ASHRAE 
Standard 29. The Department construes ARI Standard 810-2003 as 
providing for use of the most current version of ASHRAE Standard 29, 
which at present is the American National Standards Institute (ANSI)/
ASHRAE Standard 29-1988 (Reaffirmed 2005). Also, section 4.1 of ARI 
Standard 810-2003 provides an exception to the test set-up requirements 
of ASHRAE Standard 29. It states that the test unit must be set up 
according to the manufacturer's instructions to the user for setting up 
the unit for normal operation, and without any adjustments that might 
affect ice capacity, energy usage, or water usage. The Department 
believes this provision provides some assurance that all the testing 
and rating parameters are measured and reported in complete conformity 
with how the unit is intended to operate, that the unit's efficiency 
rating will accurately reflect the efficiency the user would 
experience, and that compliance with applicable standards will be 
determined under normal operating conditions.
    ARI Standard 810-2003 cites ASHRAE Standard 29 as the source of 
procedures for measuring energy consumption rate and condenser water 
use rate. The Department has examined these procedures as set forth in 
ANSI/ASHRAE Standard 29-1988(RA2005) and believes they are not unduly 
burdensome to conduct, and would produce results that accurately 
reflect the efficiency of ice makers, except that the test procedure 
for calculating energy consumption rate in section 8.3 of this Standard 
is problematic. Specifically, the calculation for energy consumption 
rate directs that the energy consumed while cycling an ice maker 
through a minimum of three cycles be divided by the mass (weight) of 
ice measured in determining ice density (normalized to 100 pounds of 
ice). However, these specifications can result in an error because the 
ANSI/ASHRAE procedure for measuring the ice density does not clearly 
state if the total mass of all the ice produced during the three cycles 
must be used. That is, the test procedure may permit testing personnel, 
in performing the density determination, to discard some of the ice 
produced during the three or more cycles. If some of the ice is 
discarded, the measured energy consumption would be for a larger amount 
of ice than that included in the determination of the energy 
consumption rate, thus overstating the rate.
    To correct this defect in the procedure for calculating the energy 
consumption rate, DOE proposes to require explicitly that the rate be 
determined using the total amount of ice produced during the cycles in 
which energy consumption is measured. Specifically, this proposed test 
procedure provides in 10 CFR 431.134 that the energy consumption rate 
normalized to 100 pounds (100 lbs) of ice be determined as follows:

[[Page 42185]]

[GRAPHIC] [TIFF OMITTED] TP25JY06.000

    The Department believes that this approach either eliminates an 
unintended ambiguity in ARI Standard 810-2003, or represents, at most, 
a relatively minor modification of the methodology in that Standard. 
Under either view, without the modification, the test procedure would 
not ``be reasonably designed to produce test results which reflect 
[the] energy efficiency'' of this equipment, as required by section 
343(a)(2) of EPCA. (42 U.S.C. 6314(a)(2)) Therefore, the Department 
believes, given this latter statutory requirement, that it is 
authorized to make this modification, even if the modification is 
viewed as an alteration of ARI Standard 810-2003. This approach gives 
meaning to both the statutory provisions in EPCA. (42 U.S.C. 
6341(a)(7)(A), 42 U.S.C. 6314(a)(2)) It is not barred by the EPCA 
provision which states that the test procedures for automatic 
commercial ice makers ``shall be'' those specified in the ARI Standard. 
(42 U.S.C. 6314(a)(7)(A), 42 U.S.C. 6314(a)(2))
    The Department requests comments about whether this proposed 
requirement for collecting and measuring the mass of ice produced 
during the energy consumption test corrects the problem found in ANSI/
ASHRAE Standard 29-1988 (RA 2005).
    The Department concludes that ARI Standard 810-2003, together with 
the provisions it incorporates from ASHRAE Standard 29-1988 (RA 2005), 
and with the above correction, provide a method for measuring the 
energy use and water use at the harvest rate levels specified in 
section 342(d) of EPCA (42 U.S.C. 6313(d)), and for determining 
compliance with the standard levels in that section. Furthermore, DOE 
adoption of these provisions would satisfy both the requirement that 
the test procedures for automatic commercial ice makers ``shall be'' 
the test procedures in ARI Standard 810-2003 (42 U.S.C. 6314(a)(7)(A)) 
and the general requirements for test procedures in 42 U.S.C. 
6314(a)(2).
    Finally, section 136(h)(3) of EPACT 2005 amends section 345 of EPCA 
(42 U.S.C. 6316) to add subsection (f)(4) directing the Secretary to 
``monitor whether manufacturers are reducing harvest rates below tested 
values for the purpose of bringing non-complying equipment into 
compliance,'' and authorizing the Secretary to take steps to minimize 
manipulation if the Secretary determines ``that there has been a 
substantial amount of manipulation with respect to harvest rates'' of 
commercial ice makers. The Department will monitor commercial ice maker 
harvest rates to determine if such manipulation is occurring.

G. Commercial Prerinse Spray Valves

    Section 135(b)(1) of EPACT 2005 amends section 323(b) of EPCA (42 
U.S.C. 6293(b)) to add subsection (14), which states that test 
procedures for measuring the flow rate for commercial prerinse spray 
valves ``shall be based on [the] American Society for Testing and 
Materials [ASTM] Standard F2324, entitled `Standard Test Method for 
Pre-Rinse Spray Valves.' '' Section 135(c)(4) amends EPCA to require 
that commercial prerinse spray valves manufactured on or after January 
1, 2006, have a flow rate of 1.6 gallons per minute or less. (42 U.S.C. 
6295(dd))
    The reference to ASTM Standard F2324 raises two threshold matters. 
First, DOE presumes that Congress intended in the EPACT provision 
directing DOE to base its test procedure on this Standard, to require 
DOE to use the most recent version, ASTM Standard F2324-03. Second, 
ASTM Standard F2324-03 covers water consumption flow rate and 
cleanability of prerinse spray valves. However, new section 323(b)(14) 
of EPCA (42 U.S.C. 6293(b)(14) contemplates only a test procedure that 
measures flow rate for this product, and the new standard at 42 U.S.C. 
6296 (dd) concerns only flow rate. Therefore, the Department has not 
considered adoption of the cleanability provisions of ASTM Standard 
F2324-03. Furthermore, the Department has examined ASTM Standard F2324-
03 and believes it provides a sound basis for determining the flow rate 
and compliance with the standards for prerinse spray valves, which 
therefore satisfies the requirements of section 323(b)(3) of EPCA. (42 
U.S.C. 6293(b)(3))
    For all of these reasons, DOE proposes to incorporate by reference 
under Subpart O of 10 CFR Part 431, Commercial Prerinse Spray Valves, 
the procedures in ASTM Standard F2324-03 that are pertinent to 
measuring the water consumption flow rate of prerinse spray valves.

H. Illuminated Exit Signs

    Section 135(b)(1) of EPACT 2005 amends section 323(b) of EPCA (42 
U.S.C. 6293(b)) to add subsection (9), which provides that test 
procedures for illuminated exit signs ``shall be based on the test 
method'' contained in version 2.0 of the EPA's ENERGY STAR program 
requirements for illuminated exit signs. Furthermore, section 135(c)(4) 
of EPACT 2005 added a new subsection (w) to 325 of EPCA, which requires 
illuminated exit signs manufactured on, or after January 1, 2006, meet 
version 2.0's performance requirements; under version 2.0 such signs 
must have an input power demand of five watts or less per face. See 70 
FR 60417; 10 CFR 431.206. EPA updated the ``ENERGY STAR Program 
Requirements for Exit Signs'' and published version 3.0, effective 
August 1, 2004. The procedure for measuring input power is essentially 
the same in both versions, 2.0 and 3.0.
    In examining the test procedures in the two versions, the 
Department found that in both, the provisions for measuring input power 
are not explicit about the length of time for performing the 
measurement. The Department believes that if manufacturers perform the 
measurement using different durations from different models, the 
resulting measurements for these different models would likely lack 
comparability. Thus, to reduce the possibility of such an outcome and 
to clarify the test procedure, DOE proposes to include a requirement in 
the test procedure that the time duration of the test shall be 
sufficient to measure power consumption with a tolerance of 1 percent. (10 CFR 431.204) The Department requests comments 
about whether its test procedure for illuminated exit signs should 
incorporate this time duration requirement.
    Based on its examination of both versions 2.0 and 3.0, DOE believes 
that each, with this proposed modification, meets EPCA's criteria for 
test procedures for illuminated exit signs. Obviously, DOE adoption of 
version 2.0 would satisfy the requirement that the test procedures for 
such signs ``be based on'' that version. (42 U.S.C. 6293(b)(9)) 
Adoption of version 3.0 would also satisfy that requirement, given its 
similarity to version 2.0. In addition, DOE believes that both 
versions, with the addition of a time duration requirement, would be 
``reasonably designed to * * * [measure] * * * energy use * * * and 
[are] not unduly burdensome to conduct,'' as required by 42 U.S.C. 
6293(b)(3). See also, 42 U.S.C. 6314(a)(2).

[[Page 42186]]

    Although new subsection 323(b)(9) of EPCA (42 U.S.C. 6293(b)(9)), 
specifically identifies the test method in version 2.0 as the version 
on which the test procedure for illuminated exits signs ``shall be 
based,'' the Department proposes to incorporate by reference into 10 
CFR Part 431, the ``ENERGY STAR Program Requirements for Exit Signs,'' 
version 3.0, effective August 1, 2004 because the test methods in 
versions 2.0 and 3.0 are essentially the same and version 3.0 is the 
most recent iteration of that test procedure.

I. Traffic Signal Modules and Pedestrian Modules

    Section 135(b)(1) of EPACT 2005 amends section 323(b) of EPCA (42 
U.S.C. 6293(b)) to add subsection (11), which states that test 
procedures for traffic signal modules and pedestrian modules shall be 
based on the test method used under the ``ENERGY STAR program'' for 
traffic signal modules, as in effect on August 8, 2005. Section 4 of 
the ENERGY STAR specification in effect at that time, the ``ENERGY STAR 
Program Requirements for Traffic Signals,'' version 1.1, prescribes use 
of the test methods from the Institute for Transportation Engineers 
(ITE), ``Vehicle Traffic Control Signal Heads (VTCSH),'' Part 2, 1985, 
section 6.4.2, ``Maintained Minimum Luminous Intensity.''
    In addition, pursuant to Section 135(c)(4) of EPACT 2005, new 
subsection 325(z) of EPCA (42 U.S.C. 6295(z)) now requires that traffic 
signal modules and pedestrian modules manufactured on or after January 
1, 2006, meet the performance requirements specified in the ENERGY STAR 
program requirements for traffic signals, version 1.1, which preclude 
the maximum wattage and nominal wattage of these modules from exceeding 
certain specified levels. See 70 FR 60417; 10 CFR section 431.226(a).
    However, neither EPCA nor ENERGY STAR nor section 6.4.2 of VTCSH 
Part 2 referenced in the ENERGY STAR test procedure, provides a 
definition of the energy consumption of traffic signal modules or 
pedestrian modules (i.e., nominal or maximum wattage). The Department 
proposes to clarify both the standards and test conditions for these 
products by adopting the following definitions of nominal wattage and 
maximum wattage into Sec.  431.222:
     Nominal wattage means the power consumed by the module 
when it is operated within a chamber at a temperature of 25 [deg]C 
after the signal has been operated for 60 minutes.
     Maximum wattage means the power consumed by the module 
after being operated for 60 minutes while mounted in a temperature 
testing chamber so that the lensed portion of the module is outside the 
chamber, all portions of the module behind the lens are within the 
chamber at a temperature of 74 [deg]C, and the air temperature in front 
of the lens is maintained at a minimum of 49 [deg]C.
    The Department developed these definitions by drawing on language 
in the VTCSH test procedure and from consultations with ITE. The 
Department believes the definitions are consistent with the test 
procedure, and with the standards EPCA now prescribes for traffic 
signal and pedestrian modules, which were developed based on 
application of the test procedure. Thus, DOE believes the proposed 
definitions reflect the intent of ITE and the ENERGY STAR program in 
developing the test procedures and standards. The Department invites 
comment on these definitions.
    Sections 6.4.2.1 and 6.4.2.2 of VTCSH Part 2 may be viewed as 
leaving gaps in the method for measuring nominal and maximum wattages. 
Specifically, they direct the user to measure the nominal and maximum 
wattage without addressing the accuracy of the wattage sensor nor the 
time duration for measuring power consumption during conduct of the 
test. The Department believes ITE may not have specified the details of 
how to measure these values since they generally accepted procedures 
which a test laboratory would be familiar with and would affect the 
results. However, the Department invites comment on this view and 
whether DOE should specify detailed test methods for these points. If 
DOE finds it necessary, the Department will develop, and incorporate 
into the test procedure, requirements on these two points is a separate 
proceeding from this rulemaking.
    As noted above, EPCA provides that the test procedures for both 
traffic signal and pedestrian modules must be based on the ENERGY STAR 
specification for traffic signal modules, (i.e., 6.4.2 of VTCSH Part 
2). VTCSH Part 2 does not mention or, by its terms, apply to pedestrian 
modules. However, upon careful consideration and review of VTCSH Part 
2, the Department believes the test procedures in VTCSH Part 2 for 
determining maximum and nominal wattages of traffic signal modules are 
equally applicable to testing pedestrian modules. Thus, the Department 
proposes to apply the VTCSH Part 2 test procedures for determining 
maximum and nominal wattage of traffic signal modules to pedestrian 
modules, without modification except for the type of module being 
tested. The Department requests comments about the technical 
feasibility of this proposal.
    DOE is proposing to incorporate by reference the test methods for 
measuring the maximum and nominal wattages as contained in the test 
specifications in section 4 of the ``ENERGY STAR Program Requirements 
for Traffic Signals,'' version 1.1, and section 6.4.2 of VTCSH Part 2 
(1985). DOE is aware that ITE recently updated the VTCSH to the June 
27, 2005, version, referred to as VTCSH (2005). DOE is not proposing to 
adopt VTSCH Part 2 (2005) because it extended coverage to products not 
covered by EPACT 2005, uses a format that is not conducive to 
incorporation in the DOE test procedure, and added a number of testing 
requirements DOE does not find necessary to meet the requirements of 
EPACT 2005. In the 2005 update, for example, ITE re-organized the 
document, splitting apart and moving some of the provisions from 
previous section 6.4.2, ``Maintained Minimum Luminous Intensity'' of 
VTCSH Part 2 (1985) into section 6.4.2, ``Conditioning of Modules'' and 
section 6.4.4, ``Photometric and Colorimetric Tests.'' The Department 
found the specific testing requirements for measuring the nominal 
wattage and the maximum wattage of the module to be in sections 
6.4.4.1, 6.4.4.4, and 6.4.4.5 of VTCSH (2005). Specifically, the 
Department is only interested in the testing requirements in sections 
6.4.4.1, 6.4.4.4, and 6.4.4.5 for red and green signal modules. In 
addition, VTCSH (2005) specified that the test should be performed with 
modules energized at nominal operating voltage unless the test 
requirements explicitly state otherwise. Since the requirements for 
nominal and maximum wattage measurements found in section 6.4.4 of 
VTCSH (2005) are more detailed and increase testing burden, the 
Department is not adopting the more stringent requirements in VTCSH 
(2005). The Department also found that the number of modules tested for 
the photometric and colorimetric tests in VTCSH (2005) was three, 
instead of the six required by VTCSH (1985), and that the three units 
be subjected to environmental tests. However, the Department is only 
concerned with testing for nominal wattage and maximum wattage and is 
not requiring manufacturers to conduct the environmental tests on their 
modules. Consequently, the Department is proposing to adopt the VTCSH 
(1985) as specified by ENERGY STAR.
    In sum, the Department has examined the ENERGY STAR specifications 
for traffic signals in effect on August 8, 2005, and the VTCSH (1985) 
testing procedures it references and believes,

[[Page 42187]]

with the addition of definitions of maximum wattage and nominal wattage 
and of provisions addressing the accuracy of the wattage sensor and the 
duration of the test, the test methods in these documents provide a 
sound basis for measuring the maximum and nominal wattages, and 
determining compliance with the applicable standards, for traffic 
signal and pedestrian modules. Therefore, DOE adoption of these test 
methods would satisfy the requirements of section 323(b)(3) of EPCA (42 
U.S.C. 6293(b)(3). Adoption of these test methods would also satisfy 
EPCA's requirement that the test procedures for traffic signal modules 
and pedestrian modules be based on the ENERGY STAR specification in 
effect on August 8, 2005. For these reasons, DOE is proposing to 
incorporate by reference the test methods for measuring the maximum and 
nominal wattages as contained in the test specifications in section 4 
of the ``ENERGY STAR Program Requirements for Traffic Signals,'' 
version 1.1, and section 6.4.2 of VTCSH Part 2 (1985).

J. Refrigerated Bottled or Canned Beverage Vending Machines

    Section 135(a)(3) of EPACT 2005 amends section 321 of EPCA to add 
subsection 321(40) (42 U.S.C. 6291(40)), which defines the term 
``refrigerated bottled or canned beverage vending machine'' as a 
``commercial refrigerator that cools bottled or canned beverages and 
dispenses the bottled or canned beverages on payment.'' Section 
135(c)(4) of EPACT 2005 amends section 325 of EPCA to add subsection 
325(v)(2) (42 U.S.C. 6295(v)(2)), which directs the Secretary to 
prescribe, by rule, energy conservation standards for this equipment. 
Further, section 135(b)(1) of EPACT 2005 amends section 323(b) of EPCA 
by adding subsection 323(b)(15) (42 U.S.C. 6293(b)(15)), which states 
that test procedures for refrigerated bottled or canned beverage 
vending machines ``shall be based on [ANSI/ASHRAE] Standard 32.1-2004, 
entitled `Methods of Testing for Rating Vending Machines for Bottled, 
Canned or Other Sealed Beverages.' '' Also pursuant to section 
135(b)(2) of EPACT 2005, new subsection 323(f) of EPCA , 42 U.S.C. 6293 
(f)(1), directs the Secretary to prescribe testing requirements for 
refrigerated bottled or canned beverage vending machines no later than 
two years after the enactment of EPACT 2005, that is August 8 , 2007. 
(42 U.S.C. 6293(f)(1)) This section also directs DOE to base such 
testing requirements on existing industry test procedures, to the 
maximum extent practicable. (42 U.S.C. 6292(f)(2))
    Section 6.2 of ANSI/ASHRAE Standard 32.1-2004, ``Methods of Testing 
for Rating Vending Machines for Bottled, Canned or Other Sealed 
Beverages,'' on ``Voltage and Frequency,'' allows for testing ``vending 
machines with dual nameplate voltages at both voltages or at the lower 
of the two voltages.'' The Department's understanding is that test 
results for a given piece of dual-voltage equipment would not be 
affected by the voltage during testing Consequently, the Department 
proposes to test beverage vending machines at the lower voltage, as 
allowed by the standard, to characterize the energy consumption, as 
EPACT 2005 intended. The Department requests comments on this proposal.
    The Department has examined ANSI/ASHRAE Standard 32.1-2004 and 
believes it provides sound methods for testing the energy efficiency of 
a refrigerated bottled or canned beverage vending machine, and that it 
satisfies the requirements of section 323(b)(13) of EPCA (42 U.S.C. 
6293(b)(3)). Therefore, the Department proposes to incorporate this 
test procedure by reference into 10 CFR Part 431. After it adopts a 
test procedure for refrigerated bottled or canned beverage vending 
machines, the Department intends to establish by rule energy 
conservation standards for such equipment, as directed by section 
325(v) of EPCA.

K. Commercial Package Air-Conditioning and Heating Equipment

    Section 136(f)(1)(A) of EPACT 2005 amends section 343(a)(4)(A) and 
(B) (42 U.S.C. 6314(a)(4)(A) and (B)) to require test procedures for 
air-cooled package air conditioning and heating equipment rated at or 
above 240,000 and below 760,000 British thermal units per hour (Btu/h) 
cooling capacity (defined as ``very large'' equipment under section 
136(a)(3) of EPACT 2005, 42 U.S.C. 6311(8)(D)). The amendment provides 
that the test procedure for such equipment shall be the ``generally 
accepted industry testing procedures or rating procedures developed or 
recognized by the Air-Conditioning and Refrigeration Institute or by 
the American Society of Heating, Refrigerating and Air-Conditioning 
Engineers, as referenced in ASHRAE/IES Standard 90.1 and in effect on 
June 30, 1992.'' (42 U.S.C. 6314(a)(4)(A)) It also provides in essence 
that, DOE must adopt any amendment to such test procedure unless it 
determines that the amended test procedure would fail to meet EPCA's 
general requirements for test procedures. (42 U.S.C. 6314(a)(4)(B))
    The test procedures in effect on June 30, 1992, for very large 
commercial package air conditioning and heating equipment were the ARI 
Standard 340-1986, ``Commercial and Industrial Unitary Heat Pump 
Equipment,'' and ARI Standard 360-1986, ``Commercial and Industrial 
Unitary Air-Conditioning Equipment.'' ARI subsequently replaced these 
test standards with ARI Standard 340/360-93, ``Commercial and 
Industrial Unitary Air-Conditioning and Heat Pump Equipment,'' and then 
ARI Standard 340/360-2000, ``Commercial and Industrial Unitary Air-
Conditioning and Heat Pump Equipment.'' The Department understands that 
neither of these new versions of ARI Standard 340/360 altered the 
efficiency test methods or calculation procedures that were in ARI 
Standards 340 and 360 as in effect on June 30, 1992. Nor did the new 
versions alter the measured efficiencies for the equipment being 
tested.
    In an October 21, 2004, direct final rule, ``Test Procedures and 
Efficiency Standards for Commercial Air Conditioners and Heat Pumps,'' 
the Department adopted test procedures for small commercial package 
air-conditioning and heating equipment (cooling capacities less than 
135,000 Btu/h), and for large commercial package air conditioning and 
heating equipment (cooling capacities at or above 135,000 Btu/h and 
less than 240,000 Btu/h) into section 431.96. 69 FR 61962. Under that 
rule, the Department adopted ARI Standard 340/360-2000, the most recent 
ARI test procedure at the time, for commercial package air-conditioning 
and heating equipment with cooling capacities at or above 135,000 Btu/h 
and less than 240,000 Btu/h. 69 FR 61971; 10 CFR 431.96. For equipment 
with cooling capacities at or above 65,000 Btu/h and less than 135,000 
Btu/h, other than water source equipment, the Department adopted ARI 
Standard 340/360-2000 with four modifications (taken from ARI Standard 
210/240-2003) as the applicable test procedure. 69 FR 61971-72; 10 CFR 
431.96. These modifications were necessary to ensure the proper testing 
of certain types, or configurations, of equipment. 69 FR 61965-66. 
Subsequently, ARI published ARI Standard 340/360-2004, which revised 
ARI Standard 340/360-200 by adding the four modifications DOE had 
adopted, in the October 2004 direct final rule, for equipment with 
cooling capacities at or above 65,000 Btu/h and less than 135,000 Btu/
h. ARI made no other changes. ARI Standard 340/360-

[[Page 42188]]

2004, ``Performance Rating of Commercial and Industrial Unitary Air-
Conditioning and Heat Pump Equipment,'' is now the most current 
industry test procedure for all of this equipment, including very large 
commercial package air conditioning and heating equipment.
    In accordance with 42 U.S.C. 6314(a)(4)(B), the Department proposes 
to incorporate ARI Standard 340/360-2004 by reference into 10 CFR Part 
431 as the test procedure for very large air-cooled commercial package 
air conditioning and heating equipment. This would make the DOE test 
procedure consistent with the amended industry test procedure. Also, 
the new version of ARI Standard 340/360 would be more readily available 
to users than the prior version. And finally, DOE is aware of no basis 
for concluding that the new version fails to meet the general 
requirements for test procedures in 42 U.S.C. 6313(a)(2) and (3).
    The Department also proposes to replace the references to ARI 
Standard 340/360-2000, as well as the modifications to the standard, 
with references to ARI Standard 340/360-2004 in the test procedures in 
10 CFR Part 431 for all small and large commercial package air 
conditioning and heating equipment (cooling capacities equal to, and 
greater than, 65,000 Btu/h, but less than 240,000 Btu/h), except for 
water-source heat pumps with cooling capacities of less than 135,000 
Btu/h. For the latter, the applicable test procedure is ISO Standard 
13256-1 1998.
    As indicated above, ARI Standard 340/360-2004 changes the previous 
version of ARI Standard 340/360 only by incorporating provisions in 
DOE's test procedures. Thus, incorporation of ARI Standard 340/360-2004 
will not alter DOE's test procedure.

L. Commercial Refrigerators, Freezers, and Refrigerator-Freezers

    Section 136(f)(1)(B) of EPACT 2005 amends section 343 of EPCA by 
adding subsection (a)(6)(A)(i) (42 U.S.C. 6314(a)(6)(A)(i)), which 
prescribes test procedures for commercial refrigerators, freezers, and 
refrigerator-freezers. New subsection 343(a)(6)(A)(ii) requires that 
ASHRAE Standard 117, as in effect on January 1, 2005, shall be the 
initial test procedure for equipment to which standards are applicable 
under section 342(c)(2)-(3) of EPCA (Section 136(c) of EPACT 2005, 42 
U.S.C. 6313(c)(2)-(3)), (i.e., (1) commercial refrigerators, freezers, 
and refrigerator-freezers with a self-contained condensing unit and 
designed for holding temperature applications, and (2) commercial 
refrigerators with a self-contained condensing unit, designed for pull-
down temperature applications, and with transparent doors). (42 U.S.C. 
6314(a)(6)(A)(ii)) ASHRAE Standard 117-2002, ``Method of Testing Closed 
Refrigerators,'' was in effect on January 1, 2005. Also new subsection 
343(a)(6)(E) provides that, if ASHRAE Standard 117 is amended, the 
Secretary must address whether to amend the test procedures for this 
equipment. (42 U.S.C. 6314(a)(6)(E)
    ASHRAE Standard 117-2002 was recently revised and combined with 
ASHRAE Standard 72-1998, ``Methods of Testing Open Refrigerators,'' 
into ASHRAE Standard 72-2005, ``Method of Testing Commercial 
Refrigerators and Freezers,'' as part of the ASHRAE revision process. 
ASHRAE Standard 72-2005 clarifies or modifies certain door opening 
requirements, shelf loading requirements, definitions, and the 
reporting of results. Also, it improves upon the precision of its 
predecessor test procedures by providing exact specifications for 
testing conditions, testing instruments, pressure and temperature 
testing locations, and the timing of each measurement within the 
refrigeration cycle. In addition, ASHRAE Standard 72-2005 contains new 
requirements that improve the consistency of ambient temperature 
measurements.
    Since ASHRAE Standard 117-2002 is the initial test procedure 
mandated by subsection 343(a)(6)(A)(ii) of EPCA (42 U.S.C. 
6314(a)(6)(A)(ii)), and ASHRAE amended this test procedure in ASHRAE 
Standard 72-2005, DOE reviewed Standard 72-2005 pursuant to subsection 
343(a)(6)(E)(i) (42 U.S.C. 6314(a)(6)(E)(i)). Based on the review, the 
Department believes no basis exists for concluding that the new 
standard fails to meet the general requirements for test procedures in 
42 U.S.C. 6313(a)(2) and (3), and is proposing to incorporate it by 
reference into 10 CFR Part 431. Also, because EPCA defines 
refrigeration equipment compartment volumes, for purposes of standards 
for this equipment, in terms of ANSI/AHAM Standard HRF-1-1979, 
``Association of Home Appliance Manufacturers Standard for Household 
Refrigerators, Combination Refrigerator-Freezers, and Household 
Freezers' (Section 136(c) of EPACT 2005; 42 U.S.C. 6313(c)(1)((A) and 
(B)), DOE is proposing to incorporate by reference into 10 CFR Part 431 
this standard. Finally, the Department has included in proposed section 
431.64(b)(3) of today's rule the applicable rating temperatures for 
this equipment prescribed under subsection 343(a)(6)(B) of EPCA (42 
U.S.C. 6314(a)(6)(B)).
    In addition, section 136(h)(3) of EPACT 2005 amends section 345 of 
EPCA (42 U.S.C. 6316) to add subsection (e)(5)(A), which requires 
manufacturers of the equipment covered by the standards in section 
342(c)(2)-(3) of EPCA (Section 136(c) of EPACT 2005, 42 U.S.C. 
6313(c)(2)-(3)) ``to certify, through an independent, nationally 
recognized testing or certification program, that the commercial 
refrigerator, freezer, or refrigerator-freezer meets the applicable 
standard.'' \6\ Also, the Secretary is required to encourage the 
establishment of at least two independent testing and certification 
programs. (42 U.S.C. 6316 (e)(5)(B)) The Department is not proposing 
separate manufacturer certification reporting procedures for these 
commercial refrigerators, freezers, and refrigerator-freezers, although 
the proposed rules would allow manufacturers to have third parties, 
such as certification organizations, submit such reports on their 
behalf. But to meet the statutory requirement of certifying through an 
independent testing or certification program, manufacturers of this 
equipment would have to use such programs to develop the efficiency 
ratings on which they base their certification reports.
---------------------------------------------------------------------------

    \6\ The standards applicable to this equipment were codified 
into section 431.66 of 10 CFR part 431 in the October 2005 final 
rule. 70 FR 60414.
---------------------------------------------------------------------------

    Section 136(c) of EPACT 2005 amends section 342 of EPCA by adding 
subsection 342(c)(4) (42 U.S.C. 6313(c)(4)), which directs the 
Secretary to develop standards for ice-cream freezers; commercial 
refrigerators, freezers, and refrigerator-freezers with a self-
contained condensing unit and without doors; and commercial 
refrigerators, freezers, and refrigerator-freezers with a remote 
condensing unit. Furthermore, new section 343(a)(6) of EPCA (Section 
136(f)(1)(B) of EPACT 2005, 42 U.S.C. 6314(a)(6)), directs DOE to 
develop test procedures for some of this equipment. It states, first, 
that such test procedures must either be ``generally accepted industry 
test procedures'' or ``developed or recognized'' by ASHRAE or ANSI (42 
U.S.C. 6314(a)(6)(A)(i)), second, what the rating temperature must be 
for some of the equipment, (42 U.S.C. 6314(a)(6)(B)) and, third, that 
DOE must issue a rule, in accordance with EPCA's general test procedure 
requirements for commercial equipment (42 U.S.C. 6314(a)(2) and (3)), 
to establish the appropriate rating temperatures for the remainder of 
these products. (42 U.S.C.

[[Page 42189]]

6314(a)(6)(C)) ARI recently developed methods for testing such 
commercial refrigeration equipment in ARI Standard 1200-2006, 
``Performance Rating of Commercial Refrigerated Display Merchandisers 
and Storage Cabinets.''
    In general, ARI Standard 1200-2006 provides testing and rating 
requirements for commercial refrigerated display merchandisers and 
storage cabinets, both those with self-contained condensing units and 
those with remote condensing units. It covers commercial refrigerated 
display merchandisers regardless of whether they are open or closed, or 
for service or self-service. The ARI Standard was developed to provide 
guidance to the commercial refrigeration industry and allows comparison 
of energy consumption among remote commercial refrigerated display 
cases, and among self-contained commercial refrigerated display cases. 
The Standard provides rating conditions and testing requirements, and 
specifies equations for the calculation of energy consumption, volume, 
and total display area. The testing requirements are based on testing 
provisions in ASHRAE Standard 72-2005.
    ARI Standard 1200-2006 also includes product-temperature rating 
specifications that require maintaining test-package temperatures 
during the tests. This is important for a valid comparative evaluation 
of energy consumption among products. For commercial refrigerators, 
freezers, and refrigerator-freezers with a self-contained condensing 
unit and without doors, and commercial refrigerators, freezers, and 
refrigerator-freezers with a remote condensing unit, the rating 
temperatures are based on the application in which the product is used. 
For low-temperature applications, the rating-temperature specification 
is an integrated average temperature of all test-package averages of 0 
[deg]F (2 [deg]F). For medium-temperature applications, the 
rating-temperature specification is an integrated average temperature 
of all test-package averages of 38.0 [deg]F (2 [deg]F).
    The rating temperature that ARI Standard 1200-2006 specifies for 
ice-cream freezers is an integrated average temperature of all test 
package averages of -5.0 [deg]F (2 [deg]F). However, ice-
cream freezers with doors, which DOE understands to constitute all or 
the vast majority of ice-cream freezers, were covered by standards 
adopted in 2002 by the California Energy Commission (CEC). Therefore, 
this equipment appears to be subject to the requirement that its rating 
temperature be the integrated average temperature of ``0 degrees F 
( 2 degrees F).'' (Section 136(f)(B) of EPACT 2005, 42 
U.S.C. 6314(a)(6)(B)(i)) But because ice-cream freezers typically 
operate at -5 F, a test procedure that uses an integrated average 
temperature of 0[deg]F (2 [deg]F) as the rating temperature 
for this equipment ``would produce test results'' that fail to 
``reflect [its] energy efficiency,'' and DOE adoption of such a test 
procedure would violate section 343(a)(2) of EPCA (42 U.S.C. 
6314(a)(2)). The Department notes that the 2002 CEC standards use the 
integrated average temperature of 0 F (2[deg]F) as the 
rating temperature for all commercial freezers with doors covered by 
the standards, except for ice-cream freezers. For ice-cream freezers, 
CEC uses an integrated average temperature of -5.0 [deg]F (2 [deg]F). Because use of an integrated average temperature of -
5.0 [deg]F (2 [deg]F) as the rating temperature for ice-
cream freezers would be more consistent from a technical standpoint, 
DOE proposes to resolve the conflict between subsections 343(a)(2) and 
(a)(6)(B)(i) of EPCA (42 U.S.C. 6314(a)(2) and 6314(a)(6)(B)(i)) by 
incorporating that rating temperature into its test procedure for ice-
cream freezers, as provided in ARI Standard 1200-2006.
    On December 15, 2005, in response to the Department's request for 
input on its Schedule Setting for the 2006 Appliance Standards 
Rulemaking Process (70 FR 61395), ARI urged the Department to place the 
standards rulemaking for ice-cream freezers, commercial refrigerators, 
freezers, and refrigerator-freezers with a self-contained condensing 
unit and without doors, and commercial refrigerators, freezers, and 
refrigerator-freezers with a remote condensing unit, on its high 
priority list because the effort requires significant work and the 
regulatory deadline of January 1, 2009, is just three years away. (ARI, 
DOE-EE-PS-2006-001, No. 18). Regarding test procedures, ARI stated that 
ARI Standard 1200 is undergoing an ANSI review to become a national 
standard, and that ARI expects ANSI to approve the standard in the 
second quarter of 2006. ARI therefore asked that DOE initiate a review 
of the standard once this process is complete.
    The Department, however, reviewed ARI Standard 1200, and is 
proposing to adopt it as the DOE test procedure, prior to completion of 
the ANSI review process. The Department understands that ARI Standard 
1200-2004 underwent ANSI review and received sufficient support for 
ANSI approval, but that ARI revised it to address the two negative 
votes and resubmitted it to ANSI for approval as ARI Standard 1200-
2006. The Department understands that final ANSI action on this 
standard is now expected in the third or fourth quarter of 2006, and 
that one of the negative votes has already been reversed. Because DOE 
anticipates ANSI approval of ARI Standard 1200-2006, it believes the 
standard will meet the criterion of 42 U.S.C. 6314(a)(6)(A)(i) that 
allows DOE to adopt, for commercial refrigeration products, test 
procedures that have been recognized by ANSI.
    In sum, ARI Standard 1200-2006 contains rating-temperature 
provisions for ice-cream freezers; commercial refrigerators, freezers, 
and refrigerator-freezers with a self-contained condensing unit and 
without doors; and commercial refrigerators, freezers, and 
refrigerator-freezers with a remote condensing unit, which will provide 
a basis for accurate efficiency determinations for these types of 
equipment, as required under EPCA. (Section 136(f)(1)(B) of EPACT 2005; 
42 U.S.C. 6314(a)(6)(C)). In addition, ARI Standard 1200-2006 requires 
performance tests to be conducted according to the ASHRAE Standard 72 
test method, which DOE believes to be a sound method that will produce 
results that accurately reflect the efficiency of the products tested. 
The Department also understands that the method has been widely used in 
the industry, thus indicating that it is not unduly burdensome to 
conduct. Furthermore, as discussed above, the Department is 
incorporating ASHRAE Standard 72-2005 by reference into 10 CFR part 431 
for other commercial refrigerators, freezers, and refrigerator-
freezers. Thus, DOE adoption of ARI Standard 1200-2006, and the 
consequent use of ASHRAE Standard 72-2005 for testing the equipment 
under discussion here, avoids any burden that a manufacturer producing 
all of these types of equipment might incur if a different method was 
required here. Finally, DOE has reviewed the calculation methods in ARI 
Standard 1200-2006, as well as the definitions it provides of terms 
used in the test procedure, and believes they will help to produce 
accurate results as to the efficiency of the products being tested.
    For these reasons, and in anticipation of the standards rulemaking, 
the Department is proposing to incorporate ARI Standard 1200-2006 by 
reference into 10 CFR part 431 for ice-cream freezers; commercial 
refrigerators, freezers, and refrigerator-freezers with a self-
contained condensing unit and without doors; and for commercial 
refrigerators, freezers, and refrigerator-freezers with a remote 
condensing unit. The Department requests comments on the proposed test 
procedures for this equipment.

[[Page 42190]]

    Finally, the Department is proposing a definition of ``ice-cream 
freezer,'' to be included in 10 CFR 431.62. EPCA does not define this 
term, and a definition is needed to delineate which products will be 
covered by the test procedure for this equipment. Today's proposed 
definition is based on the definition used in the ENERGY STAR program. 
The Department requests comments on that definition. The Department 
notes that it recently initiated a rulemaking to set standards for 
certain commercial refrigeration equipment, including ice-cream 
freezers, as directed by 42 U.S.C. 6313(c)(4)(A). That rulemaking will 
address the issue of which products will be covered by the standards.

M. Battery Chargers and External Power Supplies

    Section 135(a)(3) of EPACT 2005 amends section 321 of EPCA by 
adding subsection 321(32) (42 U.S.C. 6291(32)), which defines the term 
``battery charger'' as a ``device that charges batteries for consumer 
products, including battery chargers embedded in other consumer 
products.'' Similarly, section 135(a)(3) of EPACT 2005 also amends 
section 321 of EPCA by adding subsection 321(36) (42 U.S.C. 6291(36)), 
which defines the term ``external power supply'' as ``an external power 
supply circuit that is used to convert household electric current into 
DC [direct current] or lower-voltage AC [alternating current] to 
operate a consumer product.'' Further, section 135(c)(4) of EPACT 2005 
amends section 325 of EPCA (42 U.S.C. 6295) by adding subsection (u) 
for battery chargers and external power supplies. Subsection 
325(u)(1)(A) of EPCA (42 U.S.C. 6295(u)(1)(A)) directs the Secretary to 
prescribe, by rule, definitions and test procedures for measuring the 
energy consumption of battery chargers and external power supplies. 
Subsection 325(u)(1)(B) of EPCA (42 U.S.C. 6295(u)(1)(B)(i)) directs 
the Secretary, in establishing these test procedures, to ``consider 
existing definitions and test procedures used for measuring energy 
consumption in standby mode and other modes.'' Finally, subsection 
325(u)(1)(E) of EPCA (42 U.S.C. 6295(u)(1)(E)) also states that the 
Secretary shall determine whether and to what extent to issue standards 
for these products. In making this determination, the Department will 
follow the requirements set forth in subsection 325(u)(1)(E) of EPCA. 
(42 U.S.C. 6295(u)(1)(E)(ii))
    While EPACT 2005 addresses battery chargers and external power 
supplies under one general product heading, today's notice addresses 
them separately. The Department elected to treat these two products 
separately because (1) the nature and operation of these products is 
different; (2) they have separate and discrete utilities to the 
consumer; (3) the EPA developed separate ENERGY STAR test procedures 
and program requirements for these products; and 4) several 
stakeholders participating in the development of the EPA's ENERGY STAR 
program called for separate treatment of these products.
    1. Battery Chargers. The Department has examined the definitions 
and test procedures under the ``ENERGY STAR Program Requirements for 
Products with Battery Charging Systems,'' December 2005, and proposes 
to incorporate by reference into 10 CFR Part 430, with modifications 
discussed below, the test procedure presented in sections 4.0 and 5.0 
of EPA's ENERGY STAR ``Test Methodology for Determining the Energy 
Performance of Battery Charging Systems, December 2005'' (the ENERGY 
STAR test method).
    As quoted above, subsection 325(u)(1)(B) of EPCA directs the 
Secretary to consider existing definitions and test procedures for 
measuring the energy consumption of battery chargers in standby mode 
and other modes. The only existing energy consumption test procedures 
that DOE is aware of for this product are test methods in IEEE 
standards and the ENERGY STAR test method. The Department examined 
both. It found that none of the IEEE standards was adequate and 
complete within itself. Only the ENERGY STAR test method, which is 
based on the IEEE standards, comprehensively addresses energy testing 
of battery chargers. Sections 4.0 and 5.0 of the ENERGY STAR test 
procedure were designed to measure energy consumption in the 
maintenance and standby modes, which appears to be appropriate for 
consumer products using battery chargers. The Department understands 
that the standby mode is a non-operational mode where no battery is 
present in the charger but the charger is plugged in and drawing power. 
The Department understands that the maintenance mode is the condition 
where the battery is still connected to the charger, but has been fully 
charged. Based on its examination of the ENERGY STAR test method, DOE 
believes that this test method does in fact measure energy consumption 
in both of these modes and that it does not measure a battery charger's 
energy consumption when it is in the ``active'' mode, (i.e., is 
charging a battery). Consequently, the Department believes that it 
fulfills the EPCA requirements both for standby mode and ``other 
modes,'' such as maintenance mode.
    In today's notice, the Department is proposing to adopt verbatim 
the statutory definition of battery charger. The Department is also 
proposing to refine the scope of the test procedure coverage, so that 
the test method in today's proposed rule has the same applicability as 
the test method in the ENERGY STAR program. The ENERGY STAR program 
limits coverage to battery chargers with an input power rating between 
2 and 300 watts. The energy labeling and standards program provides a 
means to promote energy efficiency improvement opportunities of covered 
products through energy representations and standards. Smaller battery 
chargers, (i.e., less than 2 watts), because of their size, have few 
technical opportunities for affecting the energy performance and 
therefore, consumers would not benefit from the labeling and standards 
for small battery chargers. Larger battery chargers (i.e., greater than 
300 watts) tend to be used for other than residential applications, and 
as such, are not ``consumer products,'' within the scope of Part B of 
Title III of EPCA. Thus, DOE is proposing to limit the scope of the 
test procedures to the same products covered by the ENERGY STAR 
program, (i.e., 2 to 300 watts). The Department requests comments on 
the test method scope of coverage contained in section 1 of Appendix Y 
to Subpart B of Part 430.
    In general, DOE found that the ENERGY STAR test method provides 
sufficient detail, tolerances, and a test protocol to measure the 
energy consumption of battery chargers, as required under section 
325(u)(1)(A) of EPCA. (42 U.S.C. 6295(u)(1)(A) The Department also 
believes that this test procedure has a reasonable degree of industry 
support, based on comments submitted to the EPA and the public comment 
process that EPA and its contractors engaged in while developing this 
document. However, the Department has identified certain issues 
pertaining to specific elements contained in the ENERGY STAR test 
method for battery chargers. The Department requests comments on these 
and any other issues that may be pertinent to the Department's proposal 
to adopt this test procedure for battery chargers.
    The ENERGY STAR ``Test Methodology for Determining the Energy 
Performance of Battery Charging Systems,'' December 2005, provides two 
discrete testing procedures that measure the energy consumption of 
battery chargers--an abbreviated and a full test methodology. The 
abbreviated methodology has a test duration of 7 hours and the full 
test methodology has

[[Page 42191]]

a test duration of 48 hours. The Department proposes to adopt the full 
test methodology, which has a test duration of 48 hours, and invites 
comment on this proposal.
    The Department notes that while the ENERGY STAR program exempts 
inductively coupled battery charging devices, the sections of the 
ENERGY STAR test procedure DOE is proposing to adopt, do not include 
this exemption. The Department believes inductively coupled battery 
charging devices provide an important consumer utility and are within 
the scope of the EPACT 2005 definition of ``battery charger.'' 
Furthermore, DOE believes the nonactive energy use of inductively 
coupled battery charging devices, which is captured by today's proposed 
test procedure, would affect the energy efficiency of these devices. 
Thus, the Department is proposing to adopt the ENERGY STAR test 
procedure for battery chargers, including inductively coupled battery 
charging devices. The Department invites comment on this proposal.
    The Department understands that certain battery charger designs 
draw current in short pulses and, therefore, the instrumentation 
requirements for testing such designs should be capable of fully 
measuring the energy consumed by these pulses. Based on DOE review, the 
ENERGY STAR test methodology for a battery charger during testing does 
not adequately address non-sinusoidal waveforms, including these short 
pulses of current. Therefore, in order to address this, the Department 
proposes adding a requirement in section 3 of Appendix Y to Subpart B 
of Part 430 that addresses the capability of testing equipment to 
account for crest factor and frequency spectrum in the measurement, in 
addition to the other ENERGY STAR requirements specified in section 4.0 
of the ENERGY STAR test methodology for battery chargers.
    Finally, the Department understands that some battery chargers for 
consumer products can operate over a wide range of input voltages and 
frequencies. For regulatory purposes in the United States, the 
Department is only concerned with the performance of a battery charger 
closest to U.S. voltage conditions, namely 115 volts, 60 hertz. 
Therefore, the Department proposes to require that manufacturers only 
conduct this test procedure at this voltage.
    Notwithstanding the issues identified above, the EPA's ENERGY STAR 
``Test Methodology for Determining the Energy Performance of Battery 
Charging Systems, December 2005'' satisfies the provisions of section 
135(c)(4) of EPACT 2005 to provide a test procedure for measuring the 
energy consumption of battery chargers. Therefore, DOE proposes to 
incorporate by reference sections 4.0 and 5.0 of this ENERGY STAR 
document along with the modifications detailed above into 10 CFR part 
430.
    2. External Power Supplies. The Department proposes to incorporate 
by reference into 10 CFR Part 430 sections 4 and 5 of the EPA's ENERGY 
STAR ``Test Method for Calculating the Energy Efficiency of Single-
Voltage External Ac-Dc and Ac-Ac Power Supplies (August 11, 2004).'' 
The Department found that this test procedure provides sufficient 
detail, tolerances, and test protocols to measure the energy 
consumption of external power supplies required under section 325(u) of 
EPCA, as amended. 42 U.S.C. 6295. The Department also believes that 
this test procedure has a reasonable degree of industry support, based 
on comments submitted to the EPA and the public comment process that 
EPA engaged in while developing these test methods.
    Notwithstanding, the Department has identified certain issues 
pertaining to the ENERGY STAR test procedure for external power 
supplies. The Department requests comments on these and any other 
issues that may be pertinent to the Department's proposal to adopt this 
test procedure for external power supplies.
    EPCA, as amended by EPACT 2005, defines external power supply as a 
circuit that is used to convert household electric current into DC 
current or lower-voltage AC current to operate a consumer product. 42 
U.S.C. 6291(36). In today's notice, the Department is proposing to 
adopt the statutory definition verbatim. Additionally, the Department 
is proposing to make the scope of applicability for the test method 
consistent with that of the ENERGY STAR program, which was designed to 
address external power supplies used with consumer electronics. The 
Department believes that the proposed scope of coverage for the 
external power supply test method does not deviate substantively from 
the statutory definition, since it is drafted to be applicable to these 
devices powering consumer electronics. The Department requests comments 
on the test method scope of coverage contained in section 1 of the new 
Appendix Z to Subpart B of Part 430.
    The Department also understands that some external power supplies 
for consumer products can operate over a wide range of input voltages 
and frequencies. For regulatory purposes in the United States, the 
Department is only concerned with the performance of an external power 
supply closest to U.S. voltage conditions, namely 115 volts, 60 hertz. 
Therefore, the Department proposes to require that manufacturers only 
conduct this test procedure at these voltage conditions.
    Furthermore, ENERGY STAR measures the energy consumption of the 
external power supply at 25, 50, 75, and 100 percent of rated current 
output. The efficiencies at each loading point are calculated, and then 
a simple average is calculated to indicate the efficiency of the unit. 
The Department invites stakeholders to comment on this methodology for 
determining the active mode efficiency of the device.
    The Department understands that power factor, defined as the ratio 
of actual power drawn in watts to apparent power drawn in volt-amperes, 
affects the efficiency of electric utility distribution systems. Power 
factor correction processes are used to adjust this ratio (i.e., the 
power factor) towards a value of 1.0. The Department invites comments 
on power factor as it relates to the test procedure proposed for 
external power supplies. The Department is concerned that, from a 
utility distribution system perspective, the aggregate effect of 
external power supplies with low power factors would increase 
distribution system losses.
    Notwithstanding the issues identified above, the EPA's ENERGY STAR 
``Test Method for Calculating the Energy Efficiency of Single-Voltage 
External Ac-Dc and Ac-Ac Power Supplies,'' August 11, 2004, satisfies 
the provisions of section 135(c)(4)(ii) of EPACT 2005 to provide a test 
procedure for measuring the energy consumption of external power 
supplies. Therefore, the Department proposes to incorporate by 
reference sections 4 and 5 of this ENERGY STAR document along with the 
modifications detailed above into 10 CFR Part 430.

IV. Discussion--Compliance and Enforcement

A. Sampling, Manufacturer Certification, and Enforcement--General

    EPACT 2005 does not specify sampling, manufacturer certification, 
or DOE enforcement procedures for ensuring compliance with the 
standards. The Department previously adopted such certification and 
enforcement procedures for the consumer products that EPCA already 
covered. These procedures are found in Sec.  430.24 and subpart F to 10 
CFR part 430. The Department has reviewed those procedures, and 
generally bases today's sampling, certification, and

[[Page 42192]]

enforcement proposals on them. In addition, on December 13, 1999, the 
Department previously proposed sampling, certification and enforcement 
provisions for commercial heating, air conditioning and water heating 
products (hereafter referred to as the ``December 1999 proposed 
rule''). 64 FR 69598. That rulemaking is still pending with respect to 
those proposals, and DOE recently published a supplemental notice of 
proposed rulemaking that seeks comment on alternatives to certain of 
those proposals (hereafter referred to as the ``April 2006 supplemental 
notice''). 71 FR 25103. Some of today's proposals are drawn from the 
December 1999 proposed rule and the 2006 supplemental notice.
    For each consumer product that EPACT 2005 covers and for which DOE 
proposes test procedures in today's notice, the Department is proposing 
sampling requirements. These requirements address the number of units 
of each basic model a manufacturer must test as the basis for rating 
the model and determining whether it complies with the applicable 
standard. These sampling plans follow the approach for sampling found 
in 10 CFR part 430. Once DOE has adopted its final rule containing test 
procedures and sampling requirements for these consumer products (i.e., 
ceiling fans, ceiling fan light kits, torchieres, medium base compact 
fluorescent lamps, and dehumidifiers), each product would automatically 
become subject to the existing manufacturer certification and DOE 
enforcement provisions in 10 CFR part 430. These provisions are Sec.  
430.62 for certification, and Sec. Sec.  430.61, 430.71, 430.72, 
430.73, and 430.74 for enforcement. Today's proposed rule also includes 
an amendment to section 430.62(a)(4) about information that 
manufacturers must include in certification reports for the consumer 
products the rule covers.
    For each type of commercial or industrial equipment EPACT 2005 
covers and for which DOE proposes test procedures in today's notice 
(except very large air conditioning equipment, which is addressed 
below), the Department is proposing to adopt sampling requirements for 
manufacturer testing similar to those in Part 430 for consumer 
products.
    The Department is also proposing to require that each manufacturer 
of commercial or industrial equipment file a compliance statement and 
certification reports. The compliance statement is essentially a one-
time filing in which the manufacturer or private labeler states that it 
is in compliance with applicable energy conservation requirements, and 
the certification reports generally provide the efficiency, or energy 
or water use, as applicable, for each covered basic model that it 
distributes. These requirements take the same approach as the 
certification procedures in Part 430 and incorporate, with some 
modifications, certification provisions that the Department proposed 
for commercial heating, air conditioning, and water heating equipment 
in the December 1999 proposed rule and the April 2006 supplemental 
proposed rule. In today's proposal, the Department has reorganized and 
renumbered these provisions to reflect the current structure of 10 CFR 
part 431. Moreover, as set forth in proposed Subpart T, they would 
apply not only to the equipment for which DOE proposes test procedures 
in today's notice, but also to distribution transformers and the 
commercial heating, air conditioning, and water heating equipment for 
which DOE originally proposed them. (The proposed certification 
procedures would not apply to electric motors, for which certification 
requirements are already in place in Part 431). Although DOE, provided 
an opportunity for comment on the application of these procedures in 
the December 1999 proposed rule , it will accept comment in response to 
this notice on their application to heating, ventilation, air-
conditioning and water heating (HVAC and WH) products and to the other 
equipment to which DOE is now proposing to apply them.
    Today's proposed rule also includes provisions as to DOE 
enforcement of the standards. As with the certification proposal 
discussed in the previous paragraph, the proposals as to DOE's initial 
steps in an enforcement action and manufacturer cessation of 
distribution of non-complying equipment, follow the approach for such 
provisions in Part 430 and are essentially the same procedures DOE 
proposed for HVAC and WH products in the December 1999 proposed rule. 
For enforcement testing, including, in particular, provisions on 
sampling during such testing and determination of compliance or non-
compliance, the Department is proposing two approaches. For commercial 
prerinse spray valves, illuminated exit signs, traffic signal modules 
and pedestrian modules, and refrigerated bottled or canned vending 
machines, DOE believes each basic model is manufactured in relatively 
large quantities, similar to consumer products covered by Part 430, and 
the Department is proposing to adopt the same provisions that apply to 
consumer products under Part 430. For automatic commercial ice makers, 
as well as commercial refrigerators, freezers, and refrigerator-
freezers, DOE understands each basic model is manufactured in smaller 
quantities, similar to commercial heating, air conditioning and water 
heating equipment, and the Department is proposing the same provisions 
it proposed for those products in the 2006 supplemental notice. (The 
proposed enforcement procedures do not apply to electric motors, for 
which enforcement requirements are already in place in Subpart U of 
Part 431.) Moreover, only the proposed provisions as to cessation of 
distribution of non-complying equipment apply to distribution 
transformers, because DOE has already adopted provisions as to the 
initial steps in an enforcement action and as to enforcement testing 
for this equipment. 71 FR 24972.
    The Department notes that, as with the certification provisions, 
today's proposed rule also includes provisions on DOE's initial steps 
in enforcement action and manufacturer cessation of distribution of 
non-complying equipment would apply not only to distribution 
transformers and equipment for which DOE is proposing test procedures 
in today's notice, but also to commercial HVAC and WH products for 
which DOE previously proposed such provisions. The Department will 
accept comments in response to this notice on the application of these 
proposals to HVAC and WH products, and to the other equipment to which 
DOE is now proposing to apply them.
    As indicated above, in the December 1999 proposed rule, DOE 
proposed compliance and enforcement procedures for HVAC and WH 
products. On October 21, 2004, DOE adopted a final rule incorporating 
some of the general provisions proposed for this equipment, including 
certain enforcement provisions (hereafter referred to as the ``October 
2004 rule''). 69 FR 61916. These enforcement provisions are now set 
forth in Sec. Sec.  431.382, 431.386 and 431.387, 70 FR 60416, 
previously Sec. Sec.  431.191, 431.195 and 431.196 (2005). The 
provisions apply to ``covered equipment'' generally, which comprises 
electric motors and commercial HVAC and WH products. (10 CFR 431.2) 
Once DOE has adopted its final rule in this rulemaking, the commercial 
and industrial equipment the rule covers would automatically become 
subject to these enforcement provisions.
    In the October 2004 rule, DOE did not adopt the 1999 proposed 
rule's

[[Page 42193]]

proposals that commercial HVAC and WH manufacturers use to determine 
and certify compliance, or most of its enforcement proposals, and the 
rulemaking continues on these proposals. In the 2006 supplemental 
notice, DOE sought comments on alternatives to the December 1999 
proposed rule, primarily about: (1) Manufacturer sampling plans; (2) 
other methods for manufacturers to rate their equipment, including 
voluntary independent certification programs and alternative efficiency 
determination methods (AEDMs); and (3) sampling in enforcement testing. 
71 FR 25103. Moreover, although the December 1999 proposed rule did not 
concern the ``very large commercial package air conditioning and 
heating equipment'' that EPACT 2005 added to EPCA under section 
340(1)(D) (42 U.S.C. 6311(1)(D)), the 2006 supplemental notice seeks 
comment on applying the proposals in that notice to this equipment.
    The December 1999 proposed rule used subpart designations and 
section numbers that corresponded to the structure of 10 CFR part 431 
at that time. Since then, DOE has reorganized and renumbered the rules 
in 10 CFR part 431 to incorporate the commercial and industrial 
equipment that EPACT 2005 added. 70 FR 60407. To facilitate public 
review and comment on the 2006 supplemental notice, and comparison of 
its proposals with those in the 1999 proposed rule, DOE did not change 
the subpart designations and section numbers to correspond to the 
reorganized 10 CFR part 431. However, as DOE stated in the 2006 
supplemental notice, the Department will reorganize and renumber the 
sampling, certification, and enforcement provisions in the final rule 
to reflect the new structure of 10 CFR Part 431. In addition, based on 
comments received on the 2006 supplemental notice and today's proposed 
rule, as well as the timing of the two rulemakings, DOE will decide 
whether to publish two final rules or a single final rule with the 
sampling, certification, and enforcement provisions for commercial and 
industrial equipment that EPACT 2005 added, and for commercial heating, 
ventilating, air conditioning, and water heating equipment.

B. Sampling Plans for Compliance and Enforcement Testing

    In accordance with section 323(b)(3) of EPCA (42 U.S.C. 
6293(b)(3)), any test procedure that DOE prescribes shall be reasonably 
designed to produce test results that measure, for example, energy 
efficiency or energy use, and are not unduly burdensome to conduct. The 
Department proposes the use of a statistically meaningful sampling 
procedure for selecting test specimens of consumer products to reduce 
the testing burden on manufacturers, while giving sufficient assurance 
that the true mean energy efficiency of a basic model meets or exceeds 
the applicable energy efficiency standard. The Department reviewed 
sampling plans for consumer products and commercial and industrial 
equipment that could provide guidance on how many and which units to 
test to determine compliance.\7\ The Department considered four factors 
in this process: (1) Minimizing manufacturers' testing time and costs; 
(2) assuring compatibility with other sampling plans the Department has 
promulgated; (3) providing a highly statistically valid probability 
that basic models that are tested meet applicable energy conservation 
standards; and (4) providing a highly statistically valid probability 
that a manufacturer preliminarily found to be in noncompliance will 
actually be in noncompliance.
---------------------------------------------------------------------------

    \7\ The sampling plans reviewed for consumer products are those 
found in 10 CFR Part 430 and the sampling plans reviewed for 
commercial and industrial equipment are those found in 10 CFR Part 
431 and the December 1999 proposed rule. 64 FR 69598.
---------------------------------------------------------------------------

    Based on a review of sampling plans for consumer products found in 
subpart F of 10 CFR Part 430, the Department considered three 
alternatives for the specification of test sample size: (1) Test every 
unit to determine with 100-percent certainty that each one complies 
with the statute; (2) test a predetermined number of units to yield a 
high level of statistical confidence (e.g., 90 percent); and (3) test 
until a determination can be made that a basic model does, or does not 
comply.
    In this last alternative, the size of the total sample is not 
determined in advance. Instead, the manufacturer selects a sample at 
random from a production line and, after each unit or group of units is 
tested, either accepts the sample, rejects the sample, or continues 
testing additional sample units until a decision is ultimately reached. 
This method often permits reaching a statistically valid decision on 
the basis of fewer tests than fixed-number sampling. This third 
alternative is the basis for most of the statistical sampling 
procedures that DOE has established for consumer products under 10 CFR 
430.24, Units to be Tested. The Department proposes to adopt such 
sampling procedures described in detail below for each of the consumer 
products and certain commercial and industrial equipment.
    In the case of actual testing, the proposed procedures require 
randomly selecting and testing a sample of production units of a 
representative model. A simple average of the values would be 
calculated, which would be the actual mean value of the sample. For 
each representative model, a sample of sufficient size would be 
selected at random and tested to ensure that any represented value of 
energy efficiency is, for example, no greater than the lower of (A) the 
mean of the sample; or (B) the lower 95-percent confidence limit of the 
mean of the entire population of that basic model, divided by a 
coefficient applicable to the represented value. These coefficients are 
intended to reasonably reflect variations in material, and in the 
manufacturing and testing processes.
    The Department is interested in receiving comments and data 
concerning the accuracy and workability of these sampling plans for 
each product and welcomes discussion on improvements or alternatives to 
this approach. The Department is particularly interested in gathering 
comments on whether the proposed statistical sampling plan is 
appropriate for testing each of the consumer products in today's 
notice. The Department asks stakeholders to pay close attention to the 
practicality and applicability of the proposed confidence limits and 
coefficients proposed for each consumer product. The Department also 
seeks comment on whether a more valid approach exists within the 
industry that establishes a sampling plan for the product. Finally, the 
Department proposes to adapt such sampling procedures for certain 
commercial equipment described in detail below, and invites comments on 
whether the approach used to develop sampling plans for consumer 
products should be applied to commercial equipment.

C. Manufacturer Certification for Distribution Transformers

    As discussed in section IV.A. of today's notice, the Department is 
proposing manufacturer certification procedures that would apply to 
most commercial and industrial equipment, including those distribution 
transformers subject to energy conservation standards. EPACT 2005 
established energy conservation standards for low-voltage dry-type 
distribution transformers manufactured on or after January 1, 2007. 
Thus, manufacturers of these transformers would be subject to the 
proposed certification provisions upon their adoption, although today's 
proposed

[[Page 42194]]

rule states that manufacturers of low-voltage dry-type distribution 
transformers would not have to comply with these certification 
requirements until January 1, 2008.\8\ The proposed certification 
provisions would not be applicable, however, to other types of 
distribution transformers (specifically, liquid-immersed and medium-
voltage dry-type) unless or until the Department promulgates energy 
conservation standards for them.
---------------------------------------------------------------------------

    \8\ The Department expects this rulemaking to be finalized in 
November 2006. The standards for low-voltage dry-type distribution 
transformers go into effect on January 1, 2007. Therefore, the 
Department is providing manufacturers until January 1, 2008 for 
testing and submittal of reports.
---------------------------------------------------------------------------

    The certification requirements have two elements: a compliance 
statement and certification reports. The Department is proposing a 
single format and set of requirements for compliance statements for all 
covered commercial and industrial equipment (except electric motors), 
including distribution transformers. The Department is proposing an 
approach for certification reports for distribution transformers 
similar to that which currently exists for electric motors, due to the 
large number of distribution transformer models that each manufacturer 
typically produces. This proposed approach is different from what DOE 
is proposing for other covered equipment.
    For certification reporting on regulated equipment, the DOE's 
procedures are for manufacturers to report on the efficiency or energy 
or water consumption of each basic model. A basic model are those 
models that have no differentiating electrical, physical, or functional 
features that affect energy consumption. For distribution transformers, 
each time a change is made to a core or winding, the energy consumption 
of the transformer can change, making that design a different basic 
model. Therefore, due to the way in which distribution transformers are 
specified and manufactured, customized transformer designs will 
virtually always be a different basic model. Customized designs are 
necessary to meet customer requirements and to accommodate price 
changes in the raw materials used in the production of a distribution 
transformer. The Department understands that some manufacturers could 
produce literally thousands of basic models each year and is concerned 
that applying to them the same certification and reporting requirements 
as found in 10 CFR Part 430 could place a significant burden on 
distribution transformer manufacturers.
    The Department considered several approaches to manufacturer 
certification reporting requirements for distribution transformers, and 
decided to propose a methodology similar to the one electric motor 
manufacturers follow. 10 CFR 431.36(b)(2) and Appendix C to Subpart B 
of Part 431. The Department is proposing this methodology because (1) 
manufacturers would still be required to certify in the compliance 
statement that all basic models manufactured or imported will meet or 
exceed the minimum efficiency standards; (2) it would minimize the 
reporting burden on manufacturers; and (3) the Department believes that 
manufacturers of electric motors and distribution transformers 
encounter similar market dynamics and manufacturing issues.
    The Department proposes that each distribution transformer 
manufacturer submit a certification report on the efficiency of the 
least efficient basic model within a kilovolt-ampere (kVA) group. For 
low-voltage dry-type distribution transformers, kVA groups would be 
defined as the combination of a kVA rating and number of phases for a 
transformer, as presented in the table of efficiency values in Sec.  
431.196, as amended by the October 2005 final rule. 70 FR 60417. These 
are the groupings EPACT 2005 uses for the minimum efficiency standards 
for low-voltage dry-type distribution transformers: single-phase kVA 
groups would be 15 kVA, 25 kVA, 37.5 kVA, and so on; and three-phase 
kVA groups would include 15 kVA, 30 kVA, 45 kVA, and so on. In total, 
for low-voltage dry-type distribution transformers, there would be 20 
kVA groups. A manufacturer may have several basic models within any one 
of these 20 kVA groups (e.g., 25 kVA, single-phase), but it would only 
certify to the Department the efficiency of the basic model that had 
the lowest efficiency within that kVA group. Basic models that have 
non-standard kVA ratings (i.e., falling between two kVA groups) would 
be included in the next higher kVA group. This approach is consistent 
with how the Institute of Electrical and Electronics Engineers (IEEE) 
treats non-standard kVA ratings with respect to manufacturing and 
testing requirements.
    Depending on the outcome of the rulemaking regarding energy 
conservation standards for liquid-immersed and medium-voltage dry-type 
distribution transformers, the number of groupings for which DOE 
promulgates standards for these transformers might be greater than the 
number for low-voltage dry-type distribution transformers. If the 
Department adopts equipment categories and energy conservation 
standards for liquid-immersed distribution transformers, which reflect 
the methodology followed under the rulemaking for low-voltage dry-type 
distribution transformers, then groups of kVA values would be created 
based on insulation type (liquid-immersed) and the number of phases 
(single or three). Similarly, if the Department adopts equipment 
categories and energy conservation standards for medium-voltage dry-
type distribution transformers, then groups of kVA values would be 
created based on the insulation type (dry-type), number of phases 
(single or three), and the basic impulse insulation level, or BIL 
rating, such as 20-45 kV BIL, 46-95 kV BIL, and greater than 96 kV BIL.
    In today's proposed rule, DOE is proposing that manufacturers set 
forth in their certification reports the efficiency of their least 
efficient basic model in each kVA group that is delineated by these 
factors. (Should the final rule regarding energy conservation standards 
for liquid-immersed and medium-voltage dry-type distribution 
transformers contain standards based on a different grouping, DOE would 
revise its requirements for certification reports accordingly.) The 
Department believes the approach is appropriate, in view of the 
potentially large number of basic models of distribution transformers 
manufactured each year. Further, by certifying that the least efficient 
basic model within a particular kVA group meets the applicable energy 
conservation standard, the manufacturer would, in effect, be certifying 
that all basic models produced within that kVA group have an efficiency 
equal to or greater than the certified efficiency rating. In summary, a 
manufacturer would submit to DOE the certification report in 
conjunction with a compliance statement affirming that all distribution 
transformers produced by that manufacturer will be at, or above, the 
applicable energy conservation standards detailed in Sec.  431.196 of 
10 CFR Part 431. Moreover, the Department believes that the proposed 
certification report would minimize the reporting burden on 
manufacturers while fulfilling the purposes served by the compliance 
statement and certification report required for consumer appliances at 
10 CFR 430.62.
    For new basic models that a manufacturer produces or imports 
subject to energy conservation standards for distribution transformers, 
the Department proposes to follow the methodology recommended by the 
National Electrical Manufacturers Association (NEMA) for electric 
motors and adopted by the Department. By responding to changing 
customer requirements and input-material price

[[Page 42195]]

volatility, distribution transformer manufacturers will continue to 
introduce new basic models across their product offerings. The 
Department seeks to avoid imposing a burden of excessive reporting of 
certification reporting for such new basic models. Therefore the 
Department proposes that certification reports will be submitted only 
if the manufacturer has not previously submitted to DOE a certification 
report for a basic model of distribution transformer that (1) is in the 
same kVA grouping as the new basic model, and (2) has a lower 
efficiency than the new basic model.

D. General Requirements for Consumer Products and Commercial and 
Industrial Equipment

    Consumer products and commercial and industrial equipment covered 
by DOE's regulations are subject to various provisions in 10 CFR Parts 
430 and 431, respectively. These provisions address a variety of 
matters, such as waivers of applicable test procedures, treatment of 
imported and exported equipment, maintenance of records, subpoenas, 
confidentiality of information, and petitions to exempt state 
regulations from preemption. Once DOE has adopted its final rule, the 
consumer products and commercial and industrial equipment covered by 
the rule would, by virtue of such action, automatically become subject 
to such provisions. For consumer products, those provisions are in 
Sec. Sec.  430.27, 430.40 through 430.49, 430.50 through 430.57, 
430.64, 430.65, 430.72, and 430.75 of 10 CFR Part 430. For commercial 
equipment, those provisions are in Sec. Sec.  431.401, 431.403 through 
431.407, and 431.421 through 431.430, 70 FR 60417, which previously 
were Sec. Sec.  431.201, 431.203 through 431.207, and 431.211 through 
431.220 (2005).
    The Department is also proposing in today's rule provisions as to 
the preemption of State energy use and efficiency regulations for the 
consumer products and commercial or industrial equipment which were 
added to EPCA by EPACT 2005. The EPACT 2005 amendments to EPCA include 
various provisions concerning preemption with respect to these products 
and equipment. 42 U.S.C. 6295(ff)(7), 6295(gg), and 6316(e). All of the 
provisions applicable to consumer products provide that, once Federal 
energy conservation standards take effect for a product, the preemption 
requirements of section 327 of EPCA (42 U.S.C. 6297) become applicable 
to any State or local standard for that product. 42 U.S.C. 6295(ff)(7) 
and 6295(gg). The Department's existing rules for covered consumer 
products essentially embody such a requirement, providing that any 
Federal standard that is in effect for ``a covered product'' preempts 
any State standard for the product that is not identical to the Federal 
standard, except as otherwise provided in section 327 of EPCA. 10 CFR 
430.33 Since this provision of DOE regulations is consistent with 
EPCA's preemption provisions for the newly covered consumer products, 
the Department proposes to make it applicable to them. This will occur 
as a consequence of DOE's amendment, as proposed today, of its 
definition of ``covered product'' in 10 CFR 430.2 to add battery 
chargers, ceiling fans, ceiling fan light kits, external power 
supplies, medium base compact fluorescent lamps, and torchieres to the 
list of covered products.
    For the new commercial and industrial equipment added to EPCA by 
EPACT 2005, the pattern is largely the same as for consumer products. A 
common element of the preemption provisions for most of this equipment 
is that, once Federal energy conservation standards take effect for a 
type of equipment, the preemption requirements of section 327 of EPCA 
(42 U.S.C. 6297) become applicable to any State or local standard for 
that equipment. 42 U.S.C. 6295(gg) and 6316(d) through (f). Although 
current DOE rules address preemption with respect to electric motors, 
10 CFR 431.26, and commercial heating, air conditioning and water 
heating equipment, 10 CFR 431.202, these provisions are specific to 
those products and do not concern commercial and industrial equipment 
generally. Therefore, for the commercial and industrial equipment added 
to EPCA by EPACT 2005, as well as distribution transformers, proposed 
Sec.  431.408 of today's proposed rule contains provisions on 
preemption that are similar to those in 10 CFR 430.33 for consumer 
products. However, for commercial refrigerators, freezers, and 
refrigerator-freezers, as well as automatic commercial ice makers and 
commercial clothes washers, EPCA sets schedules for DOE to issue rules 
as to amendment of the initial standards, and suspends preemption 
during certain periods for any equipment for which DOE does not issue 
such a rule on schedule. 42 U.S.C. 6313(c)(5), (d)(3), and (e)(2), and 
6316(e)(4), (f)(3), and (g)(1). The Department references these 
limitations on preemption in proposed section 431.408 of 10 CFR Part 
431.

V. Corrections to the Recent Technical Amendment to DOE's Energy 
Conservation Standards

    In the final rule that will result from today's notice, the 
Department intends to incorporate minor revisions to the October 18, 
2005, final rule in which it adopted a technical amendment to its 
energy conservation standards for certain consumer products and 
commercial and industrial equipment. 70 FR 60407. These revisions 
consist of editorial corrections, corrections to errors in fact, and 
clarifying language. Each of the revisions will be added to the 
appropriate section of the CFR in the final rule. Because the revisions 
will simply conform DOE's regulations to EPACT 2005's recent amendments 
to EPCA, DOE neither is required to seek, nor seeks, public comment on 
them. The corrections and clarifications to the October 2005 final rule 
are as follows:
    1. In section 430.2, in the definition of ``Dehumidifier,'' DOE 
will change ``and mechanically encased assembly'' to ``and mechanically 
refrigerated encased assembly.'' The definition now in section 430.2 is 
the same as the definition in EPACT 2005. The EPACT 2005 definition, 
however, appears to be drawn from definitions in ANSI/AHAM Standard DH-
1-2003 and the ENERGY STAR program, both of which include the word 
``refrigerated.'' The Department also believes that an assembly is not 
properly described as ``mechanically encased.'' Therefore, the 
Department will add the word ``refrigerated,'' as indicated, as a 
clarifying modification to the definition of ``Dehumidifier.''
    2. In Sec.  430.32(u), the Department will make the following 
changes in the table on standards for medium base CFLs:
    a. In the ``Requirements'' column and opposite ``Lamp Power (Watts) 
& Configuration,'' change ``Minimum Efficiency: lumen/watt'' to 
``Minimum Efficacy: lumens/watt.''
    b. In the ``Factor'' column, change ``Base Lamp'' to ``Bare Lamp.''
    c. In the ``Factor'' column, delete the reference to ``Covered Lamp 
(with reflector),'' ``Lamp Power <20,'' and ``Lamp Power >20'' because 
these products are not covered under EPACT 2005. Correspondingly, 
delete ``33.0 '' and ``40.0 `` from the ''Requirements'' column.
    d. In the ``Requirements'' column, opposite ``Average Rated Lamp 
Life,'' delete ``and qualification form.'' The clause would then read, 
``as declared by the manufacturer on packaging.''
    e. In footnote 1, change ``in the base up an/or'' to ``in the base 
up and/or.''

[[Page 42196]]

    3. In section 431.97(b), the Department will make the following 
changes:
    a. In the text preceding Table 1 in paragraph (a), the Department 
will add the words ``in the case of air-cooled equipment with a 
capacity greater than 65,000 Btu per hour,'' after the date ``January 
1, 2010.'' This change is needed because the new standards promulgated 
in section 136(b)(5) of EPACT 2005 for commercial package air-
conditioning and heating equipment apply only to air-cooled equipment 
larger than 65,000 Btu per hour. (42 U.S.C. 6313(a)(7)-(9)) The change 
makes clear that the minimum cooling efficiency levels (shown in Table 
1) and minimum heating efficiency levels (shown in Table 2) for water 
cooled, evaporatively cooled, and water-source equipment with cooling 
capacities less than 240,000 Btu/h and air-cooled three-phase equipment 
with cooling capacities of less than 65,000 Btu/h will remain 
applicable after January 1, 2010. Standards in section 431.97(b) for 
air-cooled equipment also will be updated after January 1, 2010.
    b. In the text preceding the table, the Department will add the 
term ``Air-cooled'' at the beginning, and will insert the words ``with 
cooling capacities equal to or greater than 65,000 Btu/h and less than 
760,000 Btu/h'' after the date ``January 1, 2010.'' These changes are 
needed to more accurately describe the equipment covered by the 
efficiency standards set forth in section 431.97(b).
    c. In the table, DOE will change ``Very large commercial package 
air conditioning (air-cooled)'' to ``Very large commercial package air 
conditioning and heating equipment (air-cooled).'' This change will 
correct the inadvertent omission of three words, and conforms the 
language of the table to that of the relevant provisions of EPACT 2005.
    4. In Sec.  431.226(a) for traffic signal modules and pedestrian 
modules, change the requirements from ``a nominal wattage no greater 
than'' to ``a nominal wattage and maximum wattage no greater than.'' 
This change will conform the language introducing the table in section 
431.226(a) with the headings in the table.

VI. Procedural Requirements

A. Review Under Executive Order 12866, ``Regulatory Planning and 
Review''

    Today's proposed rule is not a ``significant regulatory action'' 
under section 3(f)(1) of Executive Order 12866, ``Regulatory Planning 
and Review.'' 58 FR 51735 (October 4, 1993). Accordingly, today's 
action was not subject to review by the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. A regulatory 
flexibility analysis examines the impact of the rule on small entities 
and considers alternative ways of reducing negative impacts. Also, 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 rulemaking process. 68 FR 7990. The Department 
has made its procedures and policies available on the Office of General 
Counsel's Web site: http://www.gc.doe.gov.
    EPACT 2005 amended EPCA to incorporate into DOE's energy 
conservation program certain consumer products and commercial and 
industrial equipment, including the products for which DOE is proposing 
test procedures in this notice. On October 18, 2005, the Department 
published in the Federal Register a technical amendment to place in the 
Code of Federal Regulations the energy conservation standards, and 
related definitions, that Congress prescribed in EPACT 2005. 70 FR 
60407. Today, the Department is publishing further technical amendments 
to certain energy conservation standards for consumer products and 
commercial and industrial equipment published in the Federal Register 
on October 8, 2005. DOE is proposing to revise the Code of Federal 
Regulations to incorporate, essentially without substantive change, the 
energy conservation test procedures that Congress prescribed or 
otherwise identified in EPACT 2005 for certain consumer products and 
commercial and industrial equipment. The Department is also proposing 
to adopt test procedures for consumer products and commercial and 
industrial equipment for which EPACT did not identify specific test 
procedures.
    The Department reviewed today's proposed rule under the provisions 
of the Regulatory Flexibility Act and the policies and procedures 
published on February 19, 2003. The Department conducted its 
examination for the products and equipment covered under EPACT 2005 in 
several groups: equipment for which EPACT 2005 amended EPCA to direct 
DOE to adopt test procedures the statute identifies; products or 
equipment for which the EPACT 2005 amendments to EPCA do not 
specifically identify any test procedure; and products or equipment for 
which the EPACT 2005 amendments mandate that DOE base its test 
procedures on test procedures the statute identifies.
    EPACT 2005 establishes specific test procedures for automatic 
commercial ice makers; for commercial refrigerators, freezers, and 
refrigerator-freezers for which the statute prescribes standards; and 
for very large commercial package air conditioning and heating 
equipment (240,000 Btu/h through 760,000 Btu/h). Since EPCA now 
mandates the test procedures, they are incorporated into today's 
proposed rule. Any costs of complying with them are imposed by EPCA and 
not the rule. For this equipment, the Department is merely 
incorporating by reference into 10 CFR Part 431 the required test 
procedures as the statute directs. Therefore, the Department concludes 
that the proposed rule would not impose a significant impact on a 
substantial number of small businesses producing automatic commercial 
ice makers; commercial refrigerators, freezers, and refrigerator-
freezers; or very large commercial package air conditioning and heating 
equipment (240,000 Btu/h through 760,000 Btu/h).
    EPACT 2005 does not prescribe test procedures for all products and 
equipment it addresses. For example, EPACT 2005 establishes energy 
conservation design requirements for commercial unit heaters. EPACT 
2005 also does not prescribe a test procedure for torchieres and 
ceiling fan light kits other than those with medium screw base or pin-
based sockets. However, the Department is proposing a test procedure 
for these two products and is soliciting stakeholder comment on the 
application of the test procedure. The Department is not aware of any 
domestically manufactured torchieres and ceiling fan light kits other 
than those with medium screw base or pin-based sockets. The Department 
understands that virtually all torchieres and ceiling fan light kits 
other than those with medium screw base or pin-based sockets sold in 
the U.S. today are manufactured either in Mexico or China. The 
Regulatory Flexibility Act requires examination of the impact of a

[[Page 42197]]

proposed rule on only U.S. firms. For these reasons, the Department 
certifies that the rule will not impose a significant impact on a 
substantial number of small businesses producing unit heaters, 
torchieres, or ceiling fan light kits other than those with medium 
screw base or pin-based sockets.
    For the remaining products and equipment that EPACT 2005 covers and 
today's proposed rule addresses, the proposed test procedures are based 
on test procedures developed and already in general use by industry. 
Many manufacturers have been redesigning the products and equipment 
covered under today's proposed rule, and testing them for compliance 
with existing voluntary performance standards such as the ENERGY STAR 
program requirements, using industry-developed test procedures that are 
the basis for the test procedures in EPACT 2005. These products and 
equipment include dehumidifiers, commercial prerinse spray valves, 
illuminated exit signs, ceiling fan light kits with medium screw base 
and pin-based sockets, medium-base CFLs, traffic signal modules, and 
pedestrian modules. To the extent manufacturers already test their 
products for efficiency using the test procedures identified in EPACT 
2005, and incorporated into today's proposed rule, to assure that the 
products meet existing energy conservation requirements, manufacturers 
would experience no additional burdens if DOE adopts these test 
procedures and requires manufacturers to use them. Furthermore, as to 
the test procedures proposed today that EPACT 2005 directs DOE to 
adopt, and arguably for the proposed test procedures that EPACT 2005 
specifically identifies and states shall be the basis for the DOE test 
procedure, any cost of complying with the proposed rule arises from the 
underlying statutory requirement and not the rule itself. Moreover, for 
the products and equipment for which EPACT 2005 prescribes energy 
efficiency standards, implicit in such requirements is that 
manufacturers must test their products to assure compliance with the 
standards. For all of these reasons, DOE believes today's proposed test 
procedures would not impose significant economic costs on 
manufacturers, including small manufacturers, of these products.
    Certain products and equipment--ceiling fans, battery chargers, 
external power supplies, and refrigerated bottled and canned beverage 
vending machines--are the subject of voluntary standards and/or test 
procedures but are not yet covered by DOE energy conservation 
standards. The Department's adoption in this rulemaking of the test 
procedures proposed for these products would entail even less burden 
for their manufactures than described in the previous paragraph, 
because these manufacturers would not be required to perform testing to 
establish compliance with standards. Thus, DOE believes the proposed 
rule clearly would not impose significant economic costs on small 
manufacturers of these products.
    The proposed rule also has been drafted to minimize the testing 
burden for manufacturers. For example, the proposed statistical 
sampling procedures are based on procedures established for consumer 
appliance products at 10 CFR 430.24. These procedures are designed to 
keep the testing burden on manufacturers as low as possible, while 
still providing confidence that the test results can be applied to all 
units of the same basic model. Also, regardless of whether DOE 
prescribes such procedures, manufacturers would have to assure 
themselves that their products comply with applicable standards. The 
Department believes that the proposed procedures reduce the burden that 
manufacturers might undertake, in the absence of the procedures, to 
establish the compliance of their products and equipment.
    As to the proposed maintenance of records and the compliance 
reporting requirements, they are also based largely on current industry 
practices for similar products and equipment under 10 CFR Part 430 and 
10 CFR Part 431. Moreover, for the products and equipment covered by 
this notice, manufacturers participating in the ENERGY STAR program 
already report the energy performance of their products to EPA, and 
many report such performance to industry trade associations such as 
ARI. The Department also understands that, as a matter of sound 
business practice, manufacturers routinely maintain the types of 
records as to product and equipment testing that today's rule would 
require. For all of these reasons, DOE believes that the cost of 
complying with the proposed rule, excluding the cost inherent in 
complying with the applicable energy conservation standards imposed by 
EPACT 2005, would not be significant for small manufacturers of these 
products.
    Based on the foregoing factual basis, DOE certifies that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. The Department invites comments 
on this certification.

C. Review Under the Paperwork Reduction Act

    The proposed rule would require manufacturers of covered consumer 
products and commercial and industrial equipment to maintain records 
about how they determined the energy efficiency or energy consumption 
of their products. The proposed rule also would require manufacturers 
to make a one-time submission by each manufacturer, stating in essence 
that it is complying with the applicable energy conservation standards 
and test procedures, as well as certification reports that set forth 
the energy performance of the basic models it manufactures. The 
certification reports are submitted once for each basic model, either 
when the requirements go into effect or when the manufacturer begins 
distribution of that model. The proposed collections of information are 
necessary for implementing and monitoring compliance with the 
efficiency standards and testing requirements for the consumer products 
and commercial and industrial equipment mandated by EPCA.
    Under the Paperwork Reduction Act, an agency may not conduct or 
sponsor a collection of information unless the collection displays a 
currently valid OMB control number (44 U.S.C. 3506(c)(1)(B)(iii)(V)). 
The certification and recordkeeping requirements for consumer products 
in 10 CFR Part 430 have previously been assigned OMB control number 
1910-1400. The proposed certification and recordkeeping requirements 
for the commercial and industrial equipment in 10 CFR Part 431 must be 
approved and assigned a control number by OMB. DOE has submitted these 
proposed certification and recordkeeping requirements to OMB for review 
and approval under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
    The following are the DOE estimates of the total annual reporting 
and recordkeeping burden imposed on manufacturers of commercial and 
industrial equipment by today's proposed rule.
     For ceiling fans the estimated number of covered 
manufacturing firms is 20. The total annual reporting and recordkeeping 
burden from compliance with the proposed rule is expected to be 3,200 
hours per year. (20 firms x 160 hours per firm).
     For ceiling fan light kits the estimated number of covered 
manufacturing firms is 20. The total annual reporting and recordkeeping 
burden from compliance with the proposed rule is expected to be 3,200

[[Page 42198]]

hours per year. (20 firms x 160 hours per firm).
     For dehumidifiers the estimated number of covered 
manufacturing firms is 22. The total annual reporting and recordkeeping 
burden from compliance with the proposed rule is expected to be 3,520 
hours per year. (22 firms x 160 hours per firm).
     For medium base compact fluorescent lamps the estimated 
number of covered manufacturing firms is 112. The total annual 
reporting and recordkeeping burden from compliance with the proposed 
rule is expected to be 17,920 hours per year. (112 firms x 160 hours 
per firm).
     For torchieres the estimated number of covered 
manufacturing firms is 12. The total annual reporting and recordkeeping 
burden from compliance with the proposed rule is expected to be 1,920 
hours per year. (12 firms x 160 hours per firm).
     For unit heaters the estimated number of covered 
manufacturing firms is 15. The total annual reporting and recordkeeping 
burden from compliance with the proposed rule is expected to be 2,400 
hours per year. (15 firms x 160 hours per firm).
     For automatic commercial ice makers the estimated number 
of covered manufacturing firms is 10. The total annual reporting and 
recordkeeping burden from compliance with the proposed rule is expected 
to be 1,600 hours per year. (10 firms x 160 hours per firm).
     For commercial prerinse spray valves the estimated number 
of covered manufacturing firms is 5. The total annual reporting and 
recordkeeping burden from compliance with the proposed rule is expected 
to be 800 hours per year. (5 firms x 160 hours per firm).
     For illuminated exit signs the estimated number of covered 
manufacturing firms is 15. The total annual reporting and recordkeeping 
burden from compliance with the proposed rule is expected to be 7,840 
hours per year. (49 firms x 160 hours per firm).
     For traffic signal modules and pedestrian modules, the 
estimated number of covered manufacturing firms is 8. The total annual 
reporting and recordkeeping burden from compliance with the proposed 
rule is expected to be 1,280 hours per year. (8 firms x 160 hours per 
firm).
     For very large commercial package air-conditioning and 
heating equipment, the estimated number of covered manufacturing firms 
is 15. The total annual reporting and recordkeeping burden from 
compliance with the proposed rule is expected to be 2,400 hours per 
year. (15 firms x 160 hours per firm).
     For commercial refrigerators, freezers, and refrigerator-
freezers, the estimated number of covered manufacturing firms is 23. 
The total annual reporting and recordkeeping burden from compliance 
with the proposed rule is expected to be 3,680 hours per year. (23 
firms x 160 hours per firm).
    In developing the burden estimates, DOE considered that each 
manufacturer is required to comply with the statutory energy efficiency 
standards for each type of commercial and industrial equipment it is 
manufacturing on the effective date of the Act, and for each model it 
begins to manufacture after that date. The required certification would 
contain the type of information that many manufacturers already submit 
to trade associations or government agencies, such as the Environmental 
Protection Agency under the ENERGY STAR program. Those manufacturers 
should be able to comply with the proposed certification without undue 
burden. Moreover, DOE understands that manufacturers already maintain 
the types of records the proposed rule would require them to keep.
    The Department believes the collection of information required by 
this proposed rule is the least burdensome method of meeting the 
statutory requirements and achieving the program objectives of the DOE 
compliance certification program for these products and equipment. 
Nevertheless, the Department invites comments concerning the estimated 
paperwork reporting burden. DOE is particularly interested in comments 
on the accuracy of DOE's burden estimates and on any means of 
minimizing the burden of the collection of information on manufacturers 
that must comply with the certification and recordkeeping requirements. 
Send comments to the Department in accordance with the instructions in 
the DATES and ADDRESSES sections and section VII.D. of this notice of 
proposed rulemaking, and to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, Washington, DC 20503, marked 
``Attention: Desk Officer for DOE.''

D. Review Under the National Environmental Policy Act of 1969

    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 the 
Department's implementing regulations at 10 CFR part 1021. 
Specifically, this rule establishing test procedures will not affect 
the quality or distribution of energy and will not result in any 
environmental impacts, and, therefore, is covered by the Categorical 
Exclusion in paragraph A6 to subpart D, 10 CFR part 1021. Accordingly, 
neither an environmental assessment nor an environmental impact 
statement is required.

E. Review Under Executive Order 13132, ``Federalism''

    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 developing 
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 developing 
such regulations. 65 FR 13735. DOE examined this proposed rule and 
determined that it does 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. Executive Order 13132 requires no further 
action.

F. Review Under Executive Order 12988, ``Civil Justice Reform''

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of Executive Order 12988, 
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on 
Federal agencies the 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

[[Page 42199]]

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 proposed 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) (Pub. 
L. 104-4) requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. For a proposed regulatory action likely to result in a 
rule that may cause expenditures 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) and (b). The UMRA 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.'' The UMRA also requires an 
agency plan for giving notice and opportunity for timely input to small 
governments that may be affected before establishing a requirement that 
might significantly or uniquely affect them. On March 18, 1997, DOE 
published a statement of policy on its process for intergovernmental 
consultation under UMRA (62 FR 12820) (also available at http://www.gc.doe.gov). Today's proposed 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 
under the Unfunded Mandates Reform Act do not apply.

H. Review Under the Treasury and General Government Appropriations Act 
of 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. 
Today's proposed rule would not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is unnecessary to prepare a Family Policymaking 
Assessment.

I. Review Under Executive Order 12630, ``Governmental Actions and 
Interference With Constitutionally Protected Property Rights''

    The Department has determined, under Executive Order 12630, 
``Governmental Actions and Interference with Constitutionally Protected 
Property Rights,'' 53 FR 8859 (March 18, 1988), that this rule would 
not result in any takings that might require compensation under the 
Fifth Amendment to the United States Constitution.

J. Review Under the Treasury and General Government Appropriations Act 
of 2001

    Section 515 of the Treasury and General Government Appropriations 
Act of 2001 (44 U.S.C. 3516) provides for agencies to review most 
disseminations of information to the public under guidelines each 
agency establishes pursuant to general guidelines issued by OMB.'' 
OMB's guidelines were published at 67 FR 8452 (February 22, 2002); 
DOE's guidelines were published at 67 FR 62446 (October 7, 2002). The 
DOE has reviewed today's notice 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, ``Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use''

    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 the 
Office of Information and Regulatory Affairs (OIRA) of the Office of 
Management and Budget a Statement of Energy Effects for any proposed 
significant energy action. A ``significant energy action'' is defined 
as any action by an agency that promulgated a final rule 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 proposed 
significant energy action, the agency must give a detailed statement of 
any adverse effects on energy supply, distribution, or use should the 
proposal be implemented, and reasonable alternatives to the action and 
their expected benefits on energy supply, distribution, and use. 
Because this proposed rule would not have a significant adverse effect 
on the supply, distribution, or use of energy, the rule is not a 
significant energy action. Accordingly, DOE has not prepared a 
Statement of Energy Effects.

L. Review Under Section 32 of the Federal Energy Administration (FEA) 
Act of 1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91), the Department of Energy 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. 
Section 32 provides, in essence 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 
Department of Justice (DOJ) and the Federal Trade Commission (FTC) 
concerning the impact of the commercial or industry standards on 
competition.
    The rules proposed in this notice incorporate certain commercial 
standards which EPCA requires as the basis for DOE's test procedures. 
These include testing standards referenced by ASHRAE, ENERGY STAR, 
ANSI, AHAM, ITE, ASTM, and ARI. ``The ENERGY STAR Testing Facility 
Guidance Manual: Building a Testing Facility and Performing the Solid 
Stat Test Method for ENERGY STAR Qualified Ceiling Fans,'' includes 
testing standards for the measurement of airflow efficiency of ceiling 
fans. The ``ENERGY STAR Program Requirements for RLFs,'' version 4.0, 
includes testing standards for the measurement of the efficacy of pin-
based fluorescent lamps that are packaged with ceiling fan light kits. 
The ``ENERGY STAR Program Requirements for CFLs,'' version 3.0, 
includes testing standards for the measurement of the efficacy of 
ceiling fan light kits with medium screw-base lamps. ANSI/AHAM HRF-1-
1979, ``Association of Home Appliance Manufacturers Standard for 
Household Refrigerators, Combination Refrigerator-Freezers, and 
Household Freezers,'' includes testing standards for the measurement of 
the minimum energy

[[Page 42200]]

factor for dehumidifiers. The ``ENERGY STAR Program Requirements for 
CFLs,'' August 9 version, includes testing standards for the 
measurement of the initial efficacy, lumen maintenance at 1000 hours, 
40 percent of rate life, rapid cycle stress, and lamp life of medium 
base compact fluorescent lamps. ARI Standard 810-2003, ``Performance 
Rating of Commercial Ice Makers,'' and ASHRAE Standard 29-1988 (RA 
2005), ``Methods of Testing Automatic Ice Makers,'' include testing 
standards for the measurement of the maximum energy use and the maximum 
condenser water use of commercial ice makers. ASTM Standard F2324-2003, 
``Standard Test Method for Prerinse Spray Valves,'' includes testing 
standards for the measurement of the flow rate of commercial prerinse 
spray valves. The ``ENERGY STAR Program Requirements for Illuminated 
Exit Signs,'' version 2.0, include testing standards for the 
measurement of the input power demand for illuminated exit signs. The 
``ENERGY STAR Program Requirements for Traffic Signals,'' version 1.1, 
and the ITE ``Vehicle Traffic Control Signal Heads: Light Emitting 
Diode (LED) Circular Signal Supplement,'' Part 2, 1985, include testing 
standards for the measurement of the maximum wattage and nominal 
wattage of traffic signal modules and pedestrian modules. ASHRAE 
Standard 32.1-2004, ``Methods of Testing for Rating Vending Machines 
for Bottled, Canned, and Other Sealed Beverages,'' include testing 
standards for the measurement of the daily energy consumption in 
beverage vending machines. ASHRAE Standard 72-2005, ``Method of Testing 
Commercial Refrigerators and Freezers,'' includes testing standards for 
the measurement of the daily energy consumption of certain commercial 
refrigerators, freezers, and refrigerator-freezers. In these instances, 
the Department has some discretion to depart from the ASHRAE, ENERGY 
STAR, ANSI, AHAM, ITE, ASTM, and ARI standards referenced in EPACT 
2005, because the DOE test procedures must be ``reasonably designed to 
produce test results which measure energy efficiency, energy use, * * * 
or estimated annual operating cost * * * during a representative 
average use cycle or period of use, * * * and shall not be unduly 
burdensome to conduct.'' (42 U.S.C. 6293(b)(3), 42 U.S.C.6314(a)(2)) In 
addition, all DOE test procedures must be clear and complete so that 
they are understandable to manufacturers who must certify test results. 
DOE has reviewed these industry test standards to ensure that EPCA's 
statutory criteria are met and that DOE's proposals are clear and 
complete. Today's rule contains proposed test procedures based on the 
required test standards enumerated in EPACT 2005, with certain 
modifications that have been explained in this document. Because EPCA, 
not today's proposed rule, requires the use of these commercial 
standards, section 32 of the FEAA does not apply to them. DOE lacks any 
discretion not to use these standards as the basis of its regulations.
    The only test standards incorporated in this proposed rule that are 
not referenced by EPACT 2005 are ARI Standard 1200-2006, ``Performance 
Rating of Commercial Refrigerated Display Merchandisers and Storage 
Cabinets,'' for the measurement of the energy consumption of ice -cream 
freezers, refrigerators, freezers, and refrigerator-freezers with a 
self-contained condensing unit and without doors, and commercial 
refrigerator, freezers, and refrigerator-freezers with a remote 
condensing unit; ARI Standard 340/360-2004, ``Performance Rating of 
Commercial and Industrial Unitary Air-Conditioning and Heat Pump 
Equipment,'' for the measurement of the energy efficiency ratio and 
coefficient of performance of certain commercial unitary air-
conditioning and heat pump equipment; the ``ENERGY STAR Test 
Methodology for Determining the Energy Performance of Battery Charging 
Systems,'' December 2005; the IEEE Standard 1515-2000, ``IEEE 
Recommended Practice for Electronic Power Subsystems: Parameter 
Definitions, Test Conditions, and Test Methods,'' for the measurement 
of the energy consumption of battery chargers; the ``ENERGY STAR Test 
Method for Calculating the Energy Efficiency of Single-Voltage External 
Ac-Dc and Ac-Ac Power Supplies,'' August 11, 2004, for the measurement 
of the energy consumption of external power supplies; and the IESNA 
Standard LM 45-2000, ``Approved Method for Electrical and Photometric 
Measurements of General Service Incandescent Filament Lamps,'' for the 
measurement of the total wattage of ceiling fan light kits packaged 
with lamps other than medium-screw base and pin-based and torchieres. 
Although Congress in EPACT 2005 did not require DOE to use these 
industry test procedures as the basis for DOE's own test procedures, 
the Department believes that they offer a reasonable basis for 
constructing new DOE test procedures. However, the Department has 
evaluated these standards and is unable to conclude whether they fully 
comply with the requirements of section 32(b) of the Federal Energy 
Administration Act, (i.e., that they were developed in a manner that 
fully provides for public participation, comment and review). DOE will 
consult with the Attorney General and the Chairman of the FTC 
concerning the impact of these test procedures on competition, prior to 
prescribing a final rule.

VII. Public Participation

A. Attendance at Public Meeting

    The time and date of the public meeting are listed in the DATES 
section at the beginning of this notice of proposed rulemaking. The 
public meeting will be held at the U.S. Department of Energy, Forrestal 
Building, Room 1E-245, 1000 Independence Avenue, SW., Washington, DC 
20585-0121. To attend the public meeting, please notify Ms. Brenda 
Edwards-Jones at (202) 586-2945. Foreign nationals visiting DOE 
Headquarters are subject to advance security screening procedures, 
requiring a 30-day advance notice. Any foreign national wishing to 
participate in the meeting should contact Ms. Brenda Edwards-Jones as 
soon as possible to initiate the necessary procedures.

B. Procedure for Submitting Requests To Speak

    Any person who has an interest in today's notice, or who is a 
representative of a group or class of persons that has an interest in 
these issues, may request an opportunity to make an oral presentation. 
Such persons may hand-deliver requests to speak, to the address shown 
in the ADDRESSES section at the beginning of this notice between 9 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays. Requests 
may also be sent by mail or e-mail to: Ms. Brenda Edwards-Jones, U.S. 
Department of Energy, Building Technologies Program, Room 1J-018, 1000 
Independence Avenue, SW., Washington, DC 20585-0121, or [email protected].
    Persons who wish to speak should include a computer diskette or CD 
in WordPerfect, Microsoft Word, PDF, or text (ASCII) file format that 
briefly describes the nature of their interest in this rulemaking and 
the topics they wish to discuss, and provides a telephone number for 
contact. The Department requests that those persons who are selected to 
speak submit a copy of their statements at least two weeks before the 
public meeting. DOE may permit any person who cannot supply an advance 
copy to participate, if that

[[Page 42201]]

person has made alternative arrangements with the Building Technologies 
Program in advance. The request to give an oral presentation should ask 
for such alternative arrangements.

C. Conduct of Public Meeting

    The Department will designate a DOE official to preside at the 
public meeting and may also employ a professional facilitator to aid 
discussion. The meeting will not be a judicial or evidentiary public 
hearing, but DOE will conduct it in accordance with 5 U.S.C. 553 and 
section 336 of EPCA, 42 U.S.C. 6306. A court reporter will record the 
proceedings and prepare a transcript. The Department reserves the right 
to schedule the order of presentations and to establish the procedures 
governing the conduct of the public meeting. After the public meeting, 
interested parties may submit further comments on the proceedings and 
on any aspect of the rulemaking until the end of the comment period.
    At the public meeting, the Department will present summaries of 
comments received before the public meeting, allow time for 
presentations by participants, and encourage all interested parties to 
share their views on issues affecting this rulemaking. Each participant 
may present a prepared general statement (within time limits determined 
by DOE) before the discussion of specific topics. Other participants 
may comment briefly on any general statements.
    At the end of all the prepared statements, participants may clarify 
their statements briefly and comment on statements made by others. 
Participants should be prepared to answer questions from DOE and other 
participants. Department representatives may also ask questions about 
other matters relevant to this rulemaking. The official conducting the 
public meeting will accept additional comments or questions from those 
attending, as time permits. The presiding official will announce any 
further procedural rules or modification of procedures needed for the 
proper conduct of the public meeting.
    The Department will make the entire record of this proposed 
rulemaking, including the transcript from the public meeting, available 
for inspection at the U.S. Department of Energy, Forrestal Building, 
Room 1J-018 (Resource Room of the Building Technologies Program), 1000 
Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-9127, 
between 9:00 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays. Anyone may purchase a copy of the transcript from the 
transcribing reporter.

D. Submission of Comments

    The Department will accept comments, data, and information about 
the proposed rule no later than the date provided at the beginning of 
this notice. Please submit comments, data, and information 
electronically to http://www.regulations.gov or [email protected]. Please submit electronic comments in WordPerfect, 
Microsoft Word, PDF, or text (ASCII) file format, and avoid the use of 
special characters or any form of encryption. Comments in electronic 
format should be identified by the docket number EE-RM/TP-500 and/or 
RIN number 1904-AB53, and wherever possible carry the electronic 
signature of the author. Absent an electronic signature, comments 
submitted electronically must be followed and authenticated by 
submitting the signed original paper document. No telefacsimiles 
(faxes) will be accepted.
    According to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies: one copy of the document including 
all the information believed to be confidential, and one copy of the 
document without the information believed to be confidential. The 
Department of Energy will make its own determination about the 
confidential status of the information.
    When determining whether to treat submitted information as 
confidential, the Department considers: (1) A description of the items; 
(2) whether and why such items are customarily treated as confidential 
within the industry; (3) whether the information is generally known by 
or available from other sources; (4) whether the information has 
previously been made available to others without obligation concerning 
its confidentiality; (5) whether the submitting person would suffer 
competitive injury from public disclosure; (6) when such information 
might lose its confidential character due to the passage of time; and 
(7) why disclosure of the information would be contrary to the public 
interest.

E. Issues on Which DOE Seeks Comment

    EPACT 2005 requires certain test procedures by directive. However, 
in certain cases where EPACT 2005 has been unclear or refers to an 
ENERGY STAR test procedure as a basis for testing, it also allows some 
latitude for adopting the most recent version of the test procedure. In 
such cases, the Department is interested in receiving comments and data 
concerning the accuracy and workability of the test procedures in 
today's proposed rule. Also, because the proposed test procedures will 
become codified under either 10 CFR Part 430 or 10 CFR Part 431, and 
will be covered under sampling, certification, and other established 
regulatory protocols, the Department seeks comment on these matters. In 
particular, the Department invites comments on the following:
    1. The Department proposes sampling procedures for consumer 
products that are consistent with the procedures set forth in 10 CFR 
Part 430, ``Units to be tested.'' The Department is also proposing 
sampling procedures for certain commercial and industrial equipment 
that are consistent with the methods used for consumer products. Is the 
Department's proposed approach to statistical sampling appropriate both 
for consumer products and commercial and industrial equipment? Are the 
sampling plans suggested for certain consumer products and commercial 
and industrial equipment accurate and workable? More specifically, are 
the proposed confidence limits and coefficients included for each of 
the products appropriate? See section IV.A for further details.
    2. The Department is proposing to require that manufacturers 
provide a compliance statement and certification report on distribution 
transformers for which minimum efficiency standards are in effect. The 
Department specifically seeks comment on the certification report 
approach for distribution transformers that was adapted from electric 
motors. Will this proposed reporting regimen ensure compliance 
certification without imposing an undue reporting burden? See section 
IV.C for details.
    3. Should the approach for determining certification and 
enforcement provisions under 10 CFR Part 430 for consumer products be 
applied to 10 CFR Part 431 for the commercial and industrial equipment? 
See section IV.B for details.
    4. Should the Department revise the test procedure version 
specified by EPACT 2005 for ceiling fan light kits with pin-based 
sockets for fluorescent lamps to incorporate by reference the test 
procedures specified in the ``ENERGY STAR Program Requirements for 
RLFs,'' version 4.0? Would adopting version 4.0 reconcile the apparent 
inconsistency in the EPACT 2005 provisions for standards and test 
procedures? See section III.A.2 for details.

[[Page 42202]]

    5. The Department is proposing to interpret the standards required 
by EPACT 2005 for ceiling fan light kits with sockets other than medium 
screw base or pin-based as energy efficiency requirements rather than 
design standards. Should the test procedures for these products be 
IESNA LM-45-00? See section III.A.2 for details.
    6. Should the test procedure specified in EPACT 2005 for medium 
base CFLs be updated to the ``ENERGY STAR Program Requirements for 
CFLs,'' version 3.0, to obviate the need to test essentially the same 
product by two different testing methods? See sections III.A and III.C 
for details.
    7. Can the terms ``lumen maintenance'' and ``lumen depreciation'' 
be interpreted as synonymous for the purposes of specifying and testing 
the photometric performance properties of medium base CFLs? See section 
III.C for details.
    8. The Department is proposing to interpret the standards required 
by EPACT 2005 for torchieres as energy efficiency requirements. Should 
the test procedures for these products be IESNA LM-45-00? See section 
III.D for details.
    9. Are there any technical reasons for developing requirements for 
maximum and nominal wattage in the test procedure for pedestrian 
modules that differ from the requirements for traffic signal modules? 
Are the proposed definitions describing the nominal and maximum wattage 
of traffic signal modules and pedestrian modules sufficient? See 
section III.I for details.
    10. Section 135(b)(1) of EPACT 2005 prescribes test procedures for 
traffic signal and pedestrian modules that correspond to the VTCSH Part 
2 (1985). The Department is proposing to adopt VTCSH Part 2 (1985). 
However, the Department recognizes that ITE recently published a new 
version of the VTCSH specifications (VTCSH (2005)). Should the 
Department revise the test procedure requirements to be consistent with 
the most current version of the ITE test procedures for these products, 
which is VTCSH (2005)? If so, the Department requests comment on the 
specific sections of VTCSH (2005) that would clarify the test 
requirements, specifically test conditions, for measuring the nominal 
and maximum wattage and can be specified in the rule language that 
accompanies the specifications in VTCSH (2005)? See section III.I for 
details.
    11. Is the proposed test procedure, ARI Standard 1200-2006, 
sufficient for ice-cream freezers; commercial refrigerators, freezers, 
and refrigerator-freezers with a self contained condensing unit and 
without doors; and commercial refrigerators, freezers, and 
refrigerator-freezers with a remote condensing unit sufficient? In 
addition, is the proposed definition for ice-cream freezers sufficient? 
See section III.L for details.
    12. The Department incorporated the full test duration (48 hours) 
from the ENERGY STAR test procedure for battery chargers and requests 
comments on this proposal. Is the Department's proposed scope of 
coverage for the battery charger test method appropriate, especially 
the power range of battery chargers of consumer products (2-300 watts)? 
Is it appropriate that the Department only require testing at the input 
voltage/frequency combination of 115 volts and 60 hertz? Finally, the 
Department proposes adding a requirement in section 3 of Appendix Y to 
Subpart B of Part 430 that addresses the capability of testing 
equipment to account for crest factor and frequency spectrum in the 
measurement, in addition to the other ENERGY STAR requirements 
specified in section 4.0 of the ENERGY STAR test methodology for 
battery chargers and request comments: ``The test equipment must be 
capable of accounting for crest factor and frequency spectrum in its 
measurement of the UUT input current.'' See section III.M.1 for 
details.
    13. The Department seeks comments on the proposed scope of coverage 
for the external power supply test method, especially the nameplate-
output power value of less than, or equal to, 250 watts. Are the 
loading points as defined by the ENERGY STAR test procedure for 
external power supplies, namely, 25 percent, 50 percent, 75 percent, 
and 100 percent of rated current output, sufficient? Should the 
Department only require testing at the input voltage/frequency 
combination of 115 volts and 60 hertz? See section III.M.2 for details.
    14. Are there any other factors that the Department should consider 
when determining whether the incremental costs of complying with 
today's proposed test procedure rule would impose a significant 
economic impact on small businesses for the consumer products and 
commercial and industrial equipment specified in this proposed rule? 
See section IV.B for details.

VIII. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of today's 
proposed rule.

List of Subjects

10 CFR Part 430

    Administrative practice and procedure, Energy conservation test 
procedures, Household appliances, Incorporation by reference.

10 CFR Part 431

    Administrative practice and procedure, Commercial products, Energy 
conservation test procedures, Incorporation by reference.

    Issued in Washington, DC, on June 30, 2006.
Richard F. Moorer,
Deputy Assistant Secretary, Technology Development, Energy Efficiency 
and Renewable Energy.
    For the reasons stated in the preamble, DOE proposes to amend 
Chapter II, Subchapter D, of Title 10 of the Code of Federal 
Regulations as set forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

    1. The authority citation for part 430 continues to read as 
follows:

    Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

    2. Section 430.2 is amended by:
    a. Adding to the definition of ``basic model'' paragraphs (21) 
through (27).
    b. Revising the definition of ``covered product.''
    c. Adding in alphabetical order the definition of ``Battery 
charger,'' ``External power supply,'' and ``Pin-based.''
    The revisions and additions read as follows:


Sec.  430.2  Definitions.

* * * * *
    Basic model * * *
    (21) With respect to ceiling fans, which have electrical 
characteristics that are essentially identical, and which do not have 
any differing physical or functional characteristics that affect energy 
consumption.
    (22) With respect to ceiling fan light kits, which have electrical 
characteristics that are essentially identical, and which do not have 
differing physical or functional characteristics that affect energy 
consumption.
    (23) With respect to medium base compact fluorescent lamps, which 
have electrical characteristics that are essentially identical, and 
which do not have any differing physical or functional characteristics 
that affect energy consumption.
    (24) With respect to dehumidifiers, which have electrical 
characteristics that are essentially identical, and which do not have 
any differing physical or functional characteristics that affect energy 
consumption.

[[Page 42203]]

    (25) With respect to battery chargers, which have electrical 
characteristics that are essentially identical, and which do not have 
any different physical or functional characteristics that affect energy 
consumption.
    (26) With respect to external power supplies, which have electrical 
characteristics that are essentially identical, and which do not have 
any different physical or functional characteristics that affect energy 
consumption.
    (27) With respect to torchieres, which have electrical 
characteristics that are essentially identical, and which do not have 
any different physical or functional characteristics that affect energy 
consumption.
* * * * *
    Battery charger means a device that charges batteries for consumer 
products, including battery chargers embedded in other consumer 
products.
* * * * *
    Covered product means a consumer product:
    (1) Of a type specified in section 322 of the Act, or
    (2) That is a ceiling fan, ceiling fan light kit, medium base 
compact fluorescent lamp, dehumidifier, battery charger, or external 
power supply.
* * * * *
    External power supply means an external power supply circuit that 
is used to connect household electric current into DC current or lower-
voltage AC current to operate a consumer product.
* * * * *
    Pin-based means a fluorescent lamp with a plug-in lamp base, 
including multi-tube, multibend, spiral, and circline types.
* * * * *
    3. Section 430.22 is amended by:
    a. Adding new paragraphs (b)(1) 9., and 10.
    b. Adding new paragraphs (b)(2) 8., 9., 10., 11., and 12.
    c. Revising paragraph (b)(7).
    d. Adding new paragraphs (b)(9), (b)(10), and (b)(11).
    The revision and additions read as follows:


Sec.  430.22  Reference sources.

* * * * *
    (b) * * *
    (1) * * *
    9. American National Standards Institute (ANSI) Standard C78.5-
1997, ``Specifications for Performance of Self-Ballasted Compact 
Fluorescent Lamps.''
    10. American National Standards Institute (ANSI) Standard 
C78.375-1997, ``Guide for Electrical Measurements of Fluorescent 
Lamps.''

    (2) * * *

    8. Illuminating Engineering Society of North America (IESNA) LM 
9-1999, ``Electrical and Photometric Measurements of Fluorescent 
Lamps.''
    9. Illuminating Engineering Society of North America (IESNA) LM 
40-2001, ``Approved Method for Life Performance Testing of 
Fluorescent Lamps.''
    10. Illuminating Engineering Society of North America (IESNA) LM 
65-2001, ``Life Testing of Single-Ended Compact Fluorescent Lamps.''
    11. Illuminating Engineering Society of North America (IESNA) LM 
66-2000, ``Approved Method for the Electrical and Photometric 
Measurements of Single-Ended Compact Fluorescent Lamps.''
    12. Illuminating Engineering Society of North America (IESNA) LM 
45-2000, ``Approved Method for Electrical and Photometric 
Measurements of General Service Incandescent Filament Lamps.''

* * * * *
    (7) Association of Home Appliance Manufacturers (AHAM), 1111 19th 
Street, NW., Suite 402, Washington, DC 20036, (202) 872-5955.

    1. American National Standards Institute (ANSI)/AHAM DW-1-1992, 
``Household Electric Dishwashers.''
* * * * *
    (9) Environmental Protection Agency (EPA), Ariel Rios Building, 
1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202) 272-0167.

    1. ``ENERGY STAR Testing Facility Guidance Manual: Building a 
Testing Facility and Performing the Solid State Test Method for 
ENERGY STAR Qualified Ceiling Fans,'' Version 1.1.
    2. ``ENERGY STAR Program Requirements for Residential Light 
Fixtures,'' Version 4.0.
    3. ``ENERGY STAR Program Requirements for Dehumidifiers,'' 
January 1, 2001.
    4. ``Test Methodology for Determining the Energy Performance of 
Battery Charging Systems,'' December 2005.
    5. ``Test Method for Calculating the Energy Efficiency of 
Single-Voltage External Ac-Dc and Ac-Ac Power Supplies,'' August 11, 
2004.

    (10) U.S. Department of Energy, Office of Energy Efficiency and 
Renewable Energy, Forrestal Building, Room 1J-018 (Resource Room of the 
Building Technologies Program), 1000 Independence Avenue, SW., 
Washington, DC 20585-0121, (202) 586-9127.

    1. ``ENERGY STAR Program Requirements for Compact Fluorescent 
Lamps,'' Version 3.0.
    2. ``ENERGY STAR Program Requirements for Compact Fluorescent 
Lamps,'' Version August 9, 2001.

    (11) Institute of Electrical and Electronics Engineers (IEEE), 3 
Park Avenue, 17th Floor, New York, NY 10016-5997, (212) 419-7900.

    1. IEEE Std 1515-2000, ``IEEE Recommended Practice for 
Electronic Power Subsystems: Parameter Definitions, Test Conditions, 
and Test Methods.''

* * * * *
    4. Section 430.23 is amended by revising the section heading, 
adding new paragraphs (w), (x), (y), (z), (aa), (bb), (cc) to read as 
follows:


Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (w) Ceiling fans. The airflow and airflow efficiency for ceiling 
fans, expressed in cubic feet per minute (CFM) and CFM per watt (CFM/
watt), respectively, shall be measured in accordance with section 4 of 
Appendix U of this subpart.
    (x) Ceiling fan light kits. (1) The efficacy, expressed in lumens 
per watt (lumens/watt), for ceiling fan light kits with sockets for 
medium screw base lamps or pin-based fluorescent lamps shall be 
measured in accordance with section 4 of Appendix V of this subpart.
    (2) The power consumption, expressed in watts (W), for ceiling fan 
light kits with sockets for lamps other than medium screw base lamps or 
pin-based fluorescent lamps shall be measured in accordance with 
section 4 of Appendix V of this subpart.
    (y) Medium Base Compact Fluorescent Lamps. The initial efficacy, 
lumen maintenance at 1,000 hours, lumen maintenance at 40-percent of 
rated life, rapid cycle stress test, and lamp life shall be measured in 
accordance with section 4 of Appendix W of this subpart.
    (z) Dehumidifiers. The energy factor for dehumidifiers, expressed 
in liters per kilowatt hour (L/kWh), shall be measured in accordance 
with section 4 of Appendix X of this subpart.
    (aa) Battery Chargers. The energy consumption of a battery charger, 
expressed as the nonactive energy ratio, shall be measured in 
accordance with section 4 of Appendix Y of this subpart.
    (bb) External Power Supplies. The energy consumption of an external 
power supply, which is a function of the active mode efficiency in a 
percentage, and the no-load energy consumption in watts, shall be 
measured in accordance with section 4 of Appendix Z of this subpart.
    (cc) Torchieres. The power consumption for torchieres, expressed in 
watts (W), shall be measured in accordance with section 4 of Appendix 
AA of this subpart.
    5. Section 430.24 is amended by revising the introductory paragraph 
and

[[Page 42204]]

by adding new paragraphs (w), (x), (y), (z), (aa), (bb), and (cc) to 
read as follows:


Sec.  430.24  Units to be tested.

    When testing of a covered product is required to comply with 
section 323(c) of the Act, or to comply with rules prescribed under 
sections 324 or 325 of the Act, a sample shall be selected and tested 
comprised of units, or are representative of production units of the 
basic model being tested, and shall meet the following applicable 
criteria. Components of similar design may be substituted without 
requiring additional testing if the represented measures of energy 
consumption, or, in the case of showerheads, faucets, water closets and 
urinals, water use, continue to satisfy the applicable sampling 
provision.
* * * * *
    (w) For each basic model of ceiling fan with sockets for medium 
screw base lamps or pin-based fluorescent lamps selected for testing, a 
sample of sufficient size shall be selected at random and tested to 
ensure that--
    (1) Any represented value of estimated energy consumption or other 
measure of energy consumption of a basic model for which consumers 
would favor lower values shall be no less than the higher of;
    (i) The mean of the sample, or
    (ii) The upper 95 percent confidence limit of the true mean divided 
by 1.10, and
    (2) Any represented value of the airflow efficiency or other 
measure of energy consumption of a basic model for which consumers 
would favor higher values shall be no greater than the lower of;
    (i) The mean of the sample, or
    (ii) The lower 95 percent confidence limit of the true mean divided 
by 0.90.
    (x) For each basic model of ceiling fan light kit with sockets for 
medium screw base lamps or pin-based fluorescent lamps selected for 
testing, a sample of sufficient size shall be selected at random and 
tested to ensure that--
    (1) Any represented value of estimated energy consumption or other 
measure of energy consumption of a basic model for which consumers 
would favor lower values shall be no less than the higher of;
    (i) The mean of the sample, or
    (ii) The upper 97.5 percent confidence limit of the true mean 
divided by 1.05, and
    (2) Any represented value of the efficacy or other measure of 
energy consumption of a basic model for which consumers would favor 
higher values shall be no greater than the lower of;
    (i) The mean of the sample, or
    (ii) The lower 97.5 percent confidence limit of the true mean 
divided by 0.95.
    (y) For each basic model of bare or covered (no reflector) medium 
base compact fluorescent lamp selected for testing, a sample of 
sufficient size shall be selected at random and tested to ensure that--
    (1) Any represented value of estimated energy consumption or other 
measure of energy consumption of a basic model for which consumers 
would favor lower values shall be no less than the higher of;
    (i) The mean of the sample, or
    (ii) The upper 97.5 percent confidence limit of the true mean 
divided by 1.05, and
    (2) Any represented value of the efficacy or other measure of 
energy consumption of a basic model for which consumers would favor 
higher values shall be no greater than the lower of;
    (i) The mean of the sample, or
    (ii) The lower 97.5 percent confidence limit of the true mean 
divided by 0.95.
    (z) For each basic model of dehumidifier selected for testing, a 
sample of sufficient size shall be selected at random and tested to 
ensure that--
    (1) Any represented value of estimated energy consumption or other 
measure of energy consumption of a basic model for which consumers 
would favor lower values shall be no less than the higher of;
    (i) The mean of the sample, or
    (ii) The upper 95 percent confidence limit of the true mean divided 
by 1.10, and
    (2) Any represented value of the energy factor or other measure of 
energy consumption of a basic model for which consumers would favor 
higher values shall be no greater than the lower of;
    (i) The mean of the sample, or
    (ii) The lower 95 percent confidence limit of the true mean divided 
by 0.90.
    (aa) For each basic model of battery charger selected for testing, 
a sample of sufficient size shall be selected at random and tested to 
ensure that--
    (1) Any represented value of the estimated nonactive energy ratio 
or other measure of energy consumption of a basic model for which 
consumers would favor lower values shall be no less than the higher of;
    (i) The mean of the sample, or
    (ii) The upper 97.5 percent confidence limit of the true mean 
divided by 1.05, and
    (2) Any represented value of the estimated nonactive energy ratio 
or other measure of energy consumption of a basic model for which 
consumers would favor higher values shall be no greater than the lower 
of;
    (i) The mean of the sample, or
    (ii) The lower 97.5 percent confidence limit of the true mean 
divided by 0.95.
    (bb) For each basic model of external power supply selected for 
testing, a sample of sufficient size shall be selected at random and 
tested to ensure that--
    (1) Any represented value of the estimated energy consumption of a 
basic model for which consumers would favor lower values shall be no 
less than the higher of;
    (i) The mean of the sample, or
    (ii) The upper 97.5 percent confidence limit of the true mean 
divided by 1.05, and
    (2) Any represented value of the estimated energy consumption of a 
basic model for which consumers would favor higher values shall be no 
greater than the lower of;
    (i) The mean of the sample, or
    (ii) The lower 97.5 percent confidence limit of the true mean 
divided by 0.95.
    (cc) For each basic model of torchiere selected for testing, a 
sample of sufficient size shall be selected at random and tested to 
ensure that--
    (1) Any represented value of power consumption or other measure of 
energy consumption of a basic model for which consumers would favor 
lower values shall be no less than the higher of;
    (i) The mean of the sample, or
    (ii) The upper 97.5 percent confidence limit of the true mean 
divided by 1.05, and
    (2) Any represented value of the energy consumption of a basic 
model for which consumers would favor higher values shall be no greater 
than the lower of;
    (i) The mean of the sample, or
    (ii) The lower 97.5 percent confidence limit of the true mean 
divided by 0.95.
    6. Subpart B of Part 430 is amended by adding new Appendices U, V, 
W, X, Y, Z, and AA, to read as follows:

Appendix U to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Ceiling Fans

    1. Scope: This appendix covers the test requirements used to 
measure the energy performance of ceiling fans.
    2. Definitions:
    a. Airflow means the rate of air movement at a specific fan-
speed setting expressed in cubic feet per minute (CFM).
    b. Airflow efficiency means the ratio of airflow divided by 
power at a specific ceiling fan-speed setting expressed in CFM per 
watt (CFM/watt).
    3. Test Apparatus and General Instructions: The test apparatus 
and instructions for testing ceiling fans shall conform to the 
requirements specified in Chapter 3, ``Air-Delivery Room 
Construction and Preparation,'' Chapter 4, ``Equipment

[[Page 42205]]

Set-up and Test Procedure,'' and Chapter 6, ``Definitions and 
Acronyms,'' of the EPA's ``ENERGY STAR Testing Facility Guidance 
Manual: Building a Testing Facility and Performing the Solid State 
Test Method for ENERGY STAR Qualified Ceiling Fans,'' version 1.1, 
December 9, 2002 (see Sec.  430.22). Record measurements at the 
resolution of the test instrumentation. Round off calculations to 
the same number of significant digits as the previous step. Round 
the final energy consumption value to the nearest whole number as 
follows:
    (i) A fractional number at or above the midpoint between the two 
consecutive whole numbers shall be rounded up to the higher of the 
two whole numbers; or
    (ii) A fractional number below the midpoint between the two 
consecutive whole numbers shall be rounded down to the lower of the 
two whole numbers.
    4. Test Measurement: Measure the airflow and airflow efficiency 
for ceiling fans, expressed in cubic feet per minute (CFM) and CFM 
per watt (CFM/watt), in accordance with the test requirements 
specified in Section 4, ``Equipment Setup and Test Procedure,'' of 
the EPA's ``ENERGY STAR Testing Facility Guidance Manual: Building a 
Testing Facility and Performing the Solid State Test Method for 
ENERGY STAR Qualified Ceiling Fans,'' version 1.1, December 9, 2002 
(see Sec.  430.22). In performing the airflow test, measure ceiling 
fan power using a RMS sensor capable of measuring power with an 
accuracy of 1 %. Prior to using the sensor and sensor 
software it has selected, the test laboratory shall verify their 
performance. Measure power input at a point that includes all power 
consuming components of the ceiling fan (but without any attached 
light kit energized). Measure power at the rated voltage that 
represents normal operation continuously over the time period for 
which the airflow test is conducted, and report the average value of 
the power measurement in watts (W). Use the average value of power 
input to calculate the airflow efficiency in CFM/W.

Appendix V to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Ceiling Fan Light Kits

    1. Scope: This appendix covers the test requirements used to 
measure the energy performance of ceiling fan light kits.
    2. Definitions:
    a. Input power means the actual total power used by all lamp(s) 
and ballast(s) of the light fixture during operation, expressed in 
watts (W) and measured using the lamp and ballast packaged with the 
fixture.
    b. Lamp ballast platform means a pairing of one ballast with one 
or more lamps that can operate simultaneously on that ballast. A 
unique platform is defined by the manufacturer and model number of 
the ballast and lamp(s) and the quantity of lamps that operate on 
the ballast.
    c. Lamp lumens means a measurement of luminous flux expressed in 
lumens and measured using the lamp and ballast shipped with the 
fixture.
    d. System efficacy per lamp ballast platform means the ratio of 
measured lamp lumens expressed in lumens and measured input power 
expressed in watts (W).
    3. Test Apparatus and General Instructions:
    (a) The test apparatus and instruction for testing screw base 
lamps packaged with ceiling fan light kits that have medium screw 
base sockets shall conform to the requirements specified in section 
2, ``Definitions,'' section 3, ``Referenced Standards,'' and section 
4, ``CFL Requirements for Testing'' of the DOE's ``ENERGY STAR 
Program Requirements for Compact Fluorescent Lamps,'' version 3.0, 
(see Sec.  430.22). Record measurements at the resolution of the 
test instrumentation. Round off calculations to the same number of 
significant digits as the previous step. Round off the final energy 
consumption value to a whole number as follows:
    (i) A fractional number at or above the midpoint between the two 
consecutive whole numbers shall be rounded up to the higher of the 
two whole numbers; or
    (ii) A fractional number below the midpoint between the two 
consecutive whole numbers shall be rounded down to the lower of the 
two whole numbers.
    (b) The test apparatus and instruction for testing pin-based 
fluorescent lamps packaged with ceiling fan light kits that have 
pin-based sockets shall conform to the requirements specified in 
section 1, ``Definitions,'' and section 3, ``Energy Efficiency 
Specifications for Qualifying Products'' of the EPA's ``ENERGY STAR 
Program Requirements for Residential Light Fixtures,'' version 4.0, 
(see Sec.  430.22). Record measurements at the resolution of the 
test instrumentation. Round off calculations to the same number of 
significant digits as the previous step. The final energy 
consumption value shall be rounded to a whole number as follows:
    (i) A fractional number at or above the midpoint between the two 
consecutive whole numbers shall be rounded up to the higher of the 
two whole numbers; or
    (ii) A fractional number below the midpoint between the two 
consecutive whole numbers shall be rounded down to the lower of the 
two whole numbers.
    (c) The test apparatus and instruction for testing ceiling fan 
light kits with sockets other than medium screw base and pin-based 
sockets for lamps shall conform to the requirements of section 1.2 
``Nomenclature and Definitions'', section 3.0 ``Power Source 
Characteristics'' for AC power only and section 7.0 ``Electrical 
Instrumentation'' of the IESNA's ``IESNA Approved Method for 
Electrical and Photometric Measurements of General Service 
Incandescent Filament Lamps'', LM-45-2000, (see Sec.  430.22). 
Record measurements at the resolution of the test instrumentation. 
Round off calculations to the same number of significant digits as 
the previous step. The final energy consumption value shall be 
rounded to a whole number as follows:
    (i) A fractional number at or above the midpoint between the two 
consecutive whole numbers shall be rounded up to the higher of the 
two whole numbers; or
    (ii) A fractional number below the midpoint between the two 
consecutive whole numbers shall be rounded down to the lower of the 
two whole numbers.
    4. Test Measurement:
    (a) For screw base compact fluorescent lamps packaged with 
ceiling fan light kits that have medium screw base sockets, measure 
the efficacy, expressed in lumens per watt, in accordance with the 
test requirements specified in section 4, ``CFL Requirements for 
Testing,'' of the ``ENERGY STAR Program Requirements for Compact 
Fluorescent Lamps,'' version 3.0 (see Sec.  430.22).
    (b) For pin-based compact fluorescent lamps packaged with 
ceiling fan light kits that have pin-based sockets, measure the 
efficacy, expressed in lumens per watt, in accordance with the test 
requirements specified in section 3, ``Energy-Efficiency 
Specifications for Qualifying Products'' of the ``ENERGY STAR 
Program Requirements for Residential Light Fixtures,'' version 4.0 
(see Sec.  430.22).
    (c) Measure the ceiling fan light kit, with sockets other than 
medium screw base and pin-based, input power, expressed in watts, in 
accordance with the test setup specified for AC voltage in section 
4.0, ``Circuits'' of the IESNA's ``IESNA Approved Method for 
Electrical and Photometric Measurements of General Service 
Incandescent Filament Lamps,'' LM-45-2000 (see Sec.  430.22), with 
the terminals of the voltmeter and potential element of the 
wattmeter connected to the input lead (``plug'') for a ceiling fan 
light kit. In other words, in figure 1(b) in section 4.0, the lamp 
(L) would be replaced by the ceiling fan light kit under test. If 
dimmable, ceiling fan light kits should be tested at maximum light 
output using all the lamps packaged with the ceiling fan light kit. 
The ceiling fan light kit shall be tested using a lamp or 
combination of lamps whose total wattage exceeds 190 watts.

Appendix W to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Medium Base Compact Fluorescent Lamps

    1. Scope: This appendix covers the test requirements used to 
measure the initial efficacy, lumen maintenance at 1,000 hours, 
lumen maintenance at 40 percent of rated life, rapid cycle stress, 
and lamp life of medium base compact fluorescent lamps.
    2. Definitions:
    a. Average rated life means the length of time declared by the 
manufacturer at which 50 percent of any large number of units of a 
lamp reaches the end of their individual lives.
    b. Initial performance values means the photometric and 
electrical characteristics of the lamp at the end of 100 hour of 
operation. Such values include the initial efficacy, the rated 
luminous flux and the rated lumen output.
    c. Lumen maintenance means the luminous flux or lumen output at 
a given time in the life of the lamp and expressed as a percentage 
of the rated luminous flux or rated lumen output, respectively.
    d. Rated luminous flux or rated lumen output means the initial 
lumen rating (100 hour) declared by the manufacturer, which consists 
of the lumen rating of a lamp at the end of 100 hours of operation.

[[Page 42206]]

    e. Rated supply frequency means the frequency marked on the 
lamp.
    f. Rated voltage means the voltage marked on the lamp.
    g. Rated wattage means the wattage marked on the lamp.
    h. Self-ballasted compact fluorescent lamp means a compact 
fluorescent lamp unit that incorporates, permanently enclosed, all 
elements that are necessary for the starting and stable operation of 
the lamp, and does not include any replaceable or interchangeable 
parts.
    3. Test Apparatus and General Instructions: The test apparatus 
and instructions for testing medium base compact fluorescent lamps 
shall conform to the requirements specified in section 2, 
``Definitions,'' section 3, ``Referenced Standards,'' and section 4, 
``CFL Requirements for Testing,'' of the DOE's ``ENERGY STAR Program 
Requirements for Compact Fluorescent Lamps,'' version dated August 
9, 2001 (see Sec.  430.22). Record measurements at the resolution of 
the test instrumentation. Round off calculations to the same number 
of significant digits as the previous step. Round the final energy 
consumption value, as applicable, to the nearest decimal place or 
whole number as follows:
    (i) A fractional number at or above the midpoint between two 
consecutive decimal places or whole numbers shall be rounded up to 
the higher of the two decimal places or whole numbers; or
    (ii) A fractional number below the midpoint between two 
consecutive decimal places or whole numbers shall be rounded down to 
the lower of the two decimal places or whole numbers. Round the 
final initial efficacy to one decimal place. Round the final lumen 
maintenance at 1,000 hours to a whole number. Round the final lumen 
maintenance at 40 percent of rated life, the final rapid cycle 
stress, and the final lamp life for medium base compact fluorescent 
lamps to whole numbers.
    4. Test Measurement: Measure the initial efficacy expressed in 
lumens per watt; lumen maintenance at 1,000 hours expressed in 
lumens; lumen maintenance at 40 percent of rated life expressed in 
lumens; rapid cycle stress expressed in the number of lamps that 
meet or exceed the minimum number of cycles; and lamp life expressed 
in hours in accordance with the test requirements specified in 
section 4, ``CFL Requirements for Testing'' of the DOE's ``ENERGY 
STAR Program Requirements for Compact Fluorescent Lamps,'' version 
dated August 9, 2001 (see Sec.  430.22).

Appendix X to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Dehumidifiers

    1. Scope: This appendix covers the test requirements used to 
measure the energy performance of dehumidifiers.
    2. Definitions:
    a. Product capacity for dehumidifiers means a measure of the 
ability of a dehumidifier to remove moisture from its surrounding 
atmosphere, measured in pints collected per 24 hours of continuous 
operation.
    b. Energy factor for dehumidifiers means a measure of energy 
efficiency of a dehumidifier calculated by dividing the water 
removed from the air by the energy consumed, measured in liters per 
kilowatt hour (L/kWh).
    3. Test Apparatus and General Instructions: The test apparatus 
and instructions for testing dehumidifiers shall conform to the 
requirements specified in section 1, ``Definitions,'' section 2, 
``Qualifying Products,'' and section 4, ``Test Criteria,'' of the 
EPA's ``ENERGY STAR Program Requirements for Dehumidifiers'' (see 
Sec.  430.22). Record measurements at the resolution of the test 
instrumentation. Round off calculations to the same number of 
significant digits as the previous step. Round the final minimum 
energy factor value to two decimal places as follows:
    (i) A fractional number at or above the midpoint between two 
consecutive decimal places shall be rounded up to the higher of the 
two decimal places, or
    (ii) A fractional number below the midpoint between two 
consecutive decimal places shall be rounded down to the lower of the 
two decimal places.
    4. Test Measurement: Measure the energy factor for 
dehumidifiers, expressed in liters per kilowatt hour (L/kWh) and 
product capacity in pints per day (pints/day), in accordance with 
the test requirements specified in section 4, ``Test Criteria,'' of 
EPA's ``ENERGY STAR Program Requirements for Dehumidifiers'' (see 
Sec.  430.22).

Appendix Y to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Battery Chargers

    1. Scope: This appendix covers the test requirements used to 
measure the nonactive energy ratio of battery chargers. This test 
method applies to battery chargers with nameplate input power 
between 2 and 300 watts and that use household electronic current to 
charge rechargeable batteries less than 42 volts that may be either 
a battery charger with a detachable battery or battery pack, or a 
battery charger system functioning with a product or appliance that 
is powered by an integral battery. The test method applies to: 
motor-driven battery charged products; products whose principal 
output is heat, light, motion or movement of air; battery charging 
systems intended to replace standard sized primary alkaline cells 
(e.g., AAA, AA, C, 9-volt, etc); and other product with detachable 
batteries and stand-along battery chargers whose designs are not an 
external power supply.
    2. Definitions: The following definitions are for the purposes 
of understanding terminology associated with the test method for 
measuring battery charger energy consumption. For clarity on any 
other terminology used in the test method, please refer to IEEE 
Standard 1515-2000.
    a. Accumulated nonactive energy is the sum of the energy, in 
watt-hours, consumed by the battery charger in battery-maintenance 
mode and standby mode over time periods defined in the test 
procedure.
    b. Battery energy is the energy, in watt-hours, delivered by the 
battery under the specified discharge conditions in the test 
procedure.
    c. Battery maintenance mode or maintenance mode is the mode of 
operation when the battery charger is connected to the main 
electricity supply and the battery is fully charged, but is still 
connected to the charger.
    d. Energy ratio or nonactive energy ratio means the ratio of the 
accumulated nonactive energy divided by the battery energy.
    e. Standby mode means the mode of operation when the battery 
charger is connected to the main electricity supply and the battery 
is not connected to the charger.
    3. Test Apparatus and General Instructions: The test apparatus, 
standard testing conditions, and instructions for testing battery 
chargers shall conform to the requirements specified in section 4.0, 
``Standard Testing Conditions,'' of the EPA's ENERGY STAR ``Test 
Methodology for Determining the Energy Performance of Battery 
Charging Systems, December 2005.'' The test voltage specified in 
section 4.1.1 shall be 115 volts, 60 Hz. The battery charger should 
be tested using the full test methodology, which has a test duration 
of 48 hours. In section 4.3.1 Precision Requirements, append this 
sentence to the end: ``The test equipment must be capable of 
accounting for crest factor and frequency spectrum in its 
measurement of the UUT input current.''
    4. Test Measurement: The measurement of the battery charger 
energy ratio shall conform to the requirements specified in section 
5.0 of the EPA's ``Test Methodology for Determining the Energy 
Performance of Battery Charging Systems, December 2005'' (see Sec.  
430.22).

Appendix Z to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of External Power Supplies

    1. Scope: This appendix covers the test requirements used to 
measure the active mode efficiency and the no-load energy 
consumption of external power supplies. This test method applies to 
external power supplies that are sold with, or intended to be used 
with, a separate end-use consumer product that constitutes the 
primary load; are contained in a physical enclosure separate from 
the end-use product; are either hard-wired into the end-use product 
or otherwise connected to it; do not have batteries or battery packs 
that physically attach directly to the power supply unit; do not 
have both a selector switch for battery chemistry, and a state of 
charge indicator light or meter; are able to convert to only one 
output voltage at a time; and have nameplate output power less than 
or equal to 250 watts.
    2. Definitions: The following definitions are for the purposes 
of understanding terminology associated with the test method for 
measuring external power supply energy consumption. For clarity on 
any other terminology used in the test method, please refer to IEEE 
Standard 1515-2000.
    a. Active mode is the mode of operation when the external power 
supply is connected

[[Page 42207]]

to the main electricity supply and the output is connected to a 
load.
    b. Active mode efficiency is the ratio, expressed as a 
percentage, of the total real output power produced by a power 
supply to the real input power required to produce it.
    c. No load mode means the mode of operation when the external 
power supply is connected to the main electricity supply and the 
output is not connected to a load.
    d. Single voltage external AC-AC power supply means an external 
power supply that is designed to convert line voltage AC input into 
lower voltage AC output and is able to convert to only one AC output 
voltage at a time.
    e. Single voltage external AC-DC power supply means an external 
power supply that is designed to convert line voltage AC input into 
lower voltage DC output and is able to convert to only one DC output 
voltage at a time.
    f. Total harmonic distortion, expressed as a percent, is the RMS 
value of an AC signal after the fundamental component is removed and 
interharmonic components are ignored, divided by the RMS value of 
the fundamental component.
    g. True power factor is the ratio of the active, or real, power 
consumed in watts to the apparent power, drawn in volt-amperes.
    3. Test Apparatus and General Instructions: The test apparatus, 
standard testing conditions, and instructions for testing external 
power supplies shall conform to the requirements specified in 
section 4, ``General Conditions for Measurement,'' of the EPA's 
``Test Method for Calculating the Energy Efficiency of Single-
Voltage External AC-DC and AC-AC Power Supplies,'' August 11, 2004. 
The test voltage specified in section 4.d, ``Test Voltage,'' shall 
only be 115 volts, 60 Hz.
    4. Test Measurement: The measurement of the external power 
supply active mode efficiency and no-load energy consumption shall 
conform to the requirements specified in section 5.0 of the EPA's 
``Test Method for Calculating the Energy Efficiency of Single-
Voltage External AC-DC and AC-AC Power Supplies,'' August 11, 2004 
(see Sec.  430.22).

Appendix AA to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Torchieres

    1. Scope: This appendix covers the test requirements used to 
measure the energy consumption of torchieres.
    2. Definitions:
    a. Input power means the actual total power used by all lamp(s) 
and ballast(s) of the torchiere during operation, expressed in watts 
(W).
    3. Test Apparatus and General Instructions: The test apparatus 
and instruction for testing torchieres shall conform to the 
requirements of section 1.2 ``Nomenclature and Definitions,'' 
section 3.0 ``Power Source Characteristics'' for AC power only and 
section 7.0 ``Electrical Instrumentation'' of the IESNA's ``IESNA 
Approved Method for Electrical and Photometric Measurements of 
General Service Incandescent Filament Lamps,'' LM-45-2000, (see 
Sec.  430.22). Record measurements at the resolution of the test 
instrumentation. Round off calculations to the same number of 
significant digits as the previous step. The final energy 
consumption value shall be rounded to a whole number as follows:
    (i) A fractional number at or above the midpoint between the two 
consecutive whole numbers shall be rounded up to the higher of the 
two whole numbers; or
    (ii) A fractional number below the midpoint between the two 
consecutive whole numbers shall be rounded down to the lower of the 
two whole numbers.
    4. Test Measurement: Measure the torchiere input power, 
expressed in watts, in accordance with the test setup specified for 
AC voltage in section 4.0, ``Circuits'' of the IESNA's ``IESNA 
Approved Method for Electrical and Photometric Measurements of 
General Service Incandescent Filament Lamps,'' LM-45-2000 (see Sec.  
430.22), with the terminals of the voltmeter and potential element 
of the wattmeter connected to the input lead (``plug'') for a 
torchiere. In other words, in figure 1(b) in section 4.0, the lamp 
(L) would be replaced by the torchiere under test. The torchiere 
shall be tested using a lamp or combination of lamps whose total 
wattage exceeds 190 watts.
    7. Section 430.62 is amended by adding new paragraphs 
(a)(4)(xviii), (a)(4)(xix), (a)(4)(xx), and (a)(4)(xxi) to read as 
follows:

Sec.  430.62  Submission of data.

    (a) * * *
    (4) * * *
    (xviii) Ceiling fan light kits with sockets for medium screw base 
lamps or pin-based fluorescent lamps, the efficacy in lumens per watt.
    (xix) Medium base compact fluorescent lamps, the minimum initial 
efficacy in lumens per watt, the lumen maintenance at 1,000 hours in 
lumens, the lumen maintenance at 40 percent of rated life in lumens, 
the rapid cycle stress test, and the lamp life in hours.
    (xx) Dehumidifiers, the energy factor in liters per kilowatt hour, 
and capacity in pints per day.
    (xxi) Torchieres, the power consumption in watts.
* * * * *

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND 
INDUSTRIAL EQUIPMENT

    8. The authority citation for part 431 continues to read as 
follows:

    Authority: 42 U.S.C. 6291-6317.

    9. Section 431.2 is amended by revising the definition of ``Covered 
equipment,'' and adding, in alphabetical order, the definition of 
``Energy conservation standard'' to read as follows:


Sec.  431.2  Definitions.

* * * * *
    Covered equipment means any electric motor, as defined in Sec.  
431.12; commercial heating, ventilating, and air conditioning, and 
water heating product (HVAC & WH product), as defined in Sec. Sec.  
431.172; 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; 
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; or 
refrigerated bottled or canned beverage vending machine, as defined in 
Sec.  431.292.
* * * * *
    Energy conservation standard means:
    (1) A performance standard that prescribes a minimum level of 
energy efficiency or in the case of commercial prerinse spray valves, 
water use, or a maximum quantity of energy use for covered equipment; 
or
    (2) A design requirement for covered equipment.
* * * * *
    10. Section 431.62 is amended by adding, in alphabetical order, new 
definitions for ``Basic model,'' ``Ice-cream freezer,'' and ``Test 
package,'' to read as follows:


Sec.  431.62  Definitions concerning commercial refrigerators, 
freezers, and refrigerator-freezers.

    Basic model means, with respect to commercial refrigerators, 
freezers, and refrigerator-freezers, all units of a given type of 
commercial refrigerator, freezer, or refrigerator-freezer (or class 
thereof) manufactured by one manufacturer that have the same primary 
energy source, which have electrical characteristics that are 
essentially identical, and which do not have any differing electrical, 
physical, or functional characteristics that affect energy consumption.
* * * * *
    Ice-cream freezer means a commercial freezer that is designed to 
operate at or below -5[deg]F (-21[deg]C) and that the manufacturer 
designs, markets, or intends for the storing, displaying, or dispensing 
of ice cream.
* * * * *
    Test package means a packaged material that is used as a standard 
product temperature-measuring device.
    11. Subpart C of Part 431 is amended by revising the undesignated 
center

[[Page 42208]]

heading following Sec.  431.62 and adding new Sec. Sec.  431.63, 
431.64, and 431.65, to read as follows:

Test Procedures


Sec.  431.63  Materials incorporated by reference.

    (a) General. The Department incorporates by reference the following 
test procedures into Subpart C of Part 431. The Director of the Federal 
Register has approved the material listed in paragraph (b) of this 
section for incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR Part 51. Any subsequent amendment to this material by 
the standard-setting organization will not affect the DOE test 
procedures unless DOE amends its test procedures. The Department 
incorporates the material as it exists on the date of the approval by 
the Federal Register and a notice of any change in the material will be 
published in the Federal Register
    (b) Test procedures incorporated by reference. (1) American Society 
of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) 
Standard 72-2005, ``Method of Testing Commercial Refrigerators and 
Freezers.''
    (2) American National Standards Institute (ANSI)/Association of 
Home Appliance Manufacturers (AHAM) Standard HRF-1-1979, ``Association 
of Home Appliance Manufacturers Standard for Household Refrigerators, 
Combination Refrigerator-Freezers, and Household Freezers.''
    (3) Air-Conditioning and Refrigeration Institute (ARI) Standard 
1200-2006, ``Performance Rating of Commercial Refrigerated Display 
Merchandisers and Storage Cabinets.''
    (c) Availability of references. (1) Inspection of test procedures. 
The test procedures incorporated by reference are available for 
inspection at:
    (i) National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (ii) U.S. Department of Energy, Forrestal Building, Room 1J-018 
(Resource Room of the Building Technologies Program), 1000 Independence 
Avenue, SW., Washington, DC 20585-0121, (202) 586-9127, between 9 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.
    (2) Obtaining copies of standards. (i) Anyone can purchase a copy 
of ASHRAE Standard 72-2005, ``Method of Testing Commercial 
Refrigerators and Freezers,'' from the American Society of Heating, 
Refrigerating and Air-Conditioning Engineers, Inc., 1791 Tullie Circle, 
NE, Atlanta, GA 30329, (404) 636-8400, or http://www.ashrae.org.
    (ii) Anyone can purchase a copy of ANSI/AHAM Standard HRF-1-1979, 
``Association of Home Appliance Manufacturers Standard for Household 
Refrigerators, Combination Refrigerator-Freezers, and Household 
Freezers,'' from the American National Standards Institute, 1819 L 
Street, NW., 6th floor, Washington, DC 20036, (202) 293-8020, or http://www.ansi.org.
    (iii) Anyone can obtain a copy of ARI Standard 1200-2006, 
``Performance Rating of Commercial Refrigerated Display Merchandisers 
and Storage Cabinets,'' from the Air-Conditioning and Refrigeration 
Institute, 4100 N. Fairfax Dr., Suite 200, Arlington, VA 22203 or 
http://www.ari.org/std/standards.html.


Sec.  431.64  Uniform test method for the measurement of energy 
consumption of commercial refrigerators, freezers, and refrigerator-
freezers.

    (a) Scope. This section provides the test procedures for measuring, 
pursuant to EPCA, the daily energy consumption in kilowatt hours per 
day (kWh/day) for a given product category and volume or total display 
area of commercial refrigerators, freezers, and refrigerator-freezers.
    (b) Testing and calculations. (1) Determine the daily energy 
consumption of each covered commercial refrigerator, freezer, or 
refrigerator-freezer, other than those described in paragraph (b)(2) of 
this section, by conducting the test procedure, set forth in the 
American Society of Heating, Refrigerating, and Air-Conditioning 
Engineers (ASHRAE) Standard 72-2005, ``Method of Testing Commercial 
Refrigerators and Freezers,'' section 3, ``Definitions,'' section 4, 
``Test Conditions,'' section 5, ``Instruments,'' section 6, 
``Apparatus,'' section 7, ``Test Procedure,'' and section 8, 
``Calculations.''
    (2) Determine the daily energy consumption of each ice-cream 
freezer, commercial refrigerator, freezer, or refrigerator-freezer with 
a self-contained condensing unit and without doors, or commercial 
refrigerator, freezer, or refrigerator-freezer with a remote condensing 
unit, by conducting the test procedure set forth in the Air-
Conditioning and Refrigeration Institute (ARI) Standard 1200-2006, 
``Performance Rating of Commercial Refrigerated Display Merchandisers 
and Storage Cabinets,'' section 3, ``Definitions,'' section 4, ``Test 
Requirements,'' section 5, ``Rating Requirements for Remote Commercial 
Refrigerated Display Merchandisers and Storage Cabinets,'' section 6, 
``Rating Requirements for Self-contained Commercial Refrigerated 
Display Merchandisers and Storage Cabinets,'' and section 7, ``Symbols 
and Subscripts.'' For each commercial refrigerator, freezer, or 
refrigerator-freezer with a self-contained condensing unit and without 
doors, also use ARI Standard 1200-2006, section 6, ``Rating 
Requirements for Self-contained Commercial Refrigerated Display 
Merchandisers and Storage Cabinets.'' For each commercial refrigerator, 
freezer, or refrigerator-freezer with a remote condensing unit, also 
use ARI Standard 1200-2006, section 5, ``Rating Requirements for Remote 
Commercial Refrigerated Display Merchandisers and Storage Cabinets.''
    (3) Conduct the testing required in paragraphs (b)(1) and (b)(2) of 
this section, and determine the daily energy consumption, at the 
applicable integrated average temperature in the following table. The 
integrated average temperature is determined using the required test 
method.

------------------------------------------------------------------------
                                                     Integrated average
           Category               Test procedure        temperatures
------------------------------------------------------------------------
(i) Refrigerator with Solid     ASHRAE Standard    38 [deg]F (2 [deg]F).
(ii) Refrigerator with          ASHRAE Standard    38 [deg]F (2 [deg]F).
(iii) Freezer with Solid        ASHRAE Standard    0 [deg]F (2 [deg]F).
(iv) Freezer with Transparent   ASHRAE Standard    0 [deg]F (2 [deg]F).

[[Page 42209]]

 
(v) Refrigerator-Freezer with   ASHRAE Standard    38 [deg]F (2 [deg]F) for
                                                    refrigerator
                                                    compartment 0 [deg]F
                                                    (2
                                                    [deg]F) for freezer
                                                    compartment.
(vi) Commercial Refrigerator    ASHRAE Standard    38 [deg]F (2 [deg]F).
 Condensing Unit Designed for
 Pull-Down Temperature
 Applications and Transparent
 Doors.
(vii) Ice-Cream Freezer.......  ARI Standard 1200- -5.0 [deg]F (2 [deg]F).
(viii) Commercial               ARI Standard 1200- (A) For low
 Refrigerator, Freezer, and      2006.              temperature
 Refrigerator-Freezer with a                        applications, the
 Self-Contained Condensing                          integrated average
 Unit and without Doors.                            temperature of all
                                                    test package
                                                    averages shall be 0
                                                    [deg]F (2 [deg]F).
                                                   (B) For medium
                                                    temperature
                                                    applications, the
                                                    integrated average
                                                    temperature of all
                                                    test package
                                                    averages shall be
                                                    38.0 [deg]F (2 [deg]F).
(ix) Commercial Refrigerator,   ARI Standard 1200- (A) For low
 Freezer, and Refrigerator-      2006.              temperature
 Freezer with a Remote                              applications, the
 Condensing Unit.                                   integrated average
                                                    temperature of all
                                                    test package
                                                    averages shall be 0
                                                    [deg]F (2 [deg]F).
                                                   (B) For medium
                                                    temperature
                                                    applications, the
                                                    integrated average
                                                    temperature of all
                                                    test package
                                                    averages shall be
                                                    38.0 [deg]F (2 [deg]F).
------------------------------------------------------------------------

    (4) Determine the volume of each covered commercial refrigerator, 
freezer, or refrigerator-freezer, other than those described in 
paragraph (b)(2) of this section, by conducting the test procedure set 
forth in the ANSI/AHAM Standard HRF-1-1979, section 3.20, sections 4.2 
through 4.3, and sections 5.1 through 5.3.


Sec.  431.65  Units to be tested.

    For each basic model of commercial refrigerator, freezer, or 
refrigerator-freezer selected for testing, a sample of sufficient size 
shall be selected at random and tested to ensure that (Components of 
similar design may be substituted without requiring additional testing 
if the represented measures of energy continue to satisfy the 
applicable sampling provision.)--
    (a) Any represented value of estimated energy consumption or other 
measure of energy consumption of a basic model for which consumers 
would favor lower values shall be no less than the higher of:
    (1) The mean of the sample; or
    (2) The upper 95 percent confidence limit of the true mean divided 
by 1.10; and
    (b) Any represented value of the energy efficiency or other measure 
of energy consumption of a basic model for which consumers would favor 
higher values shall be no greater than the lower of;
    (1) The mean of the sample; or
    (2) The lower 95 percent confidence limit of the true mean divided 
by 0.90.
    12. Section 431.95 is amended by revising paragraph (b)(2) to read 
as follows:


Sec.  431.95  Materials incorporated by reference.

* * * * *
    (b) * * *
    (2) ARI Standard 340/360-2004 published in 2004, ``Performance 
Rating of Commercial and Industrial Unitary Air-Conditioning and Heat 
Pump Equipment,'' IBR approved for Sec.  431.96.
* * * * *
    13. Section 431.96 is revised to read as follows:


Sec.  431.96  Uniform test method for the measurement of energy 
efficiency of small, large, and very large commercial package air 
conditioning and heating equipment, packaged terminal air conditioners, 
and packaged terminal heat pumps.

    (a) Scope. This section contains test procedures that must be 
followed for measuring, pursuant to EPCA, the energy efficiency of any 
small, large, or very large commercial package air conditioning and 
heating equipment, packaged terminal air conditioner, or packaged 
terminal heat pump.
    (b) Testing and calculations. Determine the energy efficiency of 
each covered product by conducting the test procedure(s) listed in the 
rightmost column of Table 1 of this section, that apply to the energy 
efficiency descriptor for that product, category, and cooling capacity.

  Table 1 to Sec.   431.96.--Test Procedures for All Small Commercial Package Air-Conditioning and Heating Equipment, for Large Commercial Package Air
       Conditioning and Heating Equipment, for Very Large Commercial Package Air Conditioning and Heating Equipment, and for Packaged Terminal Air
                                                     Conditioners, and Packaged Terminal Heat Pumps
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                               Use tests, conditions and  procedures \1\
             Product                     Category          Cooling capacity    Energy efficiency  descriptor                      in
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small Commercial Packaged Air      Air Cooled, 3 Phase,  <65,000 Btu/h.......  SEER.........................  ARI Standard 210/240-2003
 Conditioning and Heating           AC and HP.           ....................  HSPF.........................  ARI Standard 210/240-2003
 Equipment.                        Air Cooled AC and HP  >=65,000 Btu/h and    EER..........................  ARI Standard 340/360-2004
                                                          <135,000 Btu/h.      COP..........................  ARI Standard 340/360-2004
                                   Water Cooled and      <65,000 Btu/h.......  EER..........................  ARI Standard 210/240-2003
                                    Evaporatively        >=65,000 Btu/h and    EER..........................  ARI Standard 340/360-2004
                                    Cooled AC.            <135,000 Btu/h.
                                   Water-Source HP.....  <135,000 Btu/h......  EER..........................  ISO Standard 13256-1 (1998)
                                                                               COP..........................  ISO Standard 13256-1 (1998)
Large Comercial Packaged Air       Air Cooled AC and HP  >=135,000 Btu/h and   EER..........................  ARI Standard 340/360-2004
 Conditioning and Heating          Water Cooled AC.....   <240,000 Btu/h.      COP..........................  ARI Standard 340/360-2004
 Equipment.                                              >=135,000 Btu/h and   EER..........................  ARI Standard 340/360-2004
                                                          <240,000 Btu/h.

[[Page 42210]]

 
                                   Evaporatively Cooled  >=135,000 Btu/h and   EER..........................  ARI Standard 340/360-2004
                                    AC.                   <240,000 Btu/h.
Very Large Commercial Packaged     Air Cooled AC and HP  >=240,000 Btu/h and   EER..........................  ARI Standard 340/360-2004
 Air Conditioning and Heating                             <760,000 Btu/h.      COP..........................  ARI Standard 340/360-2004
 Equipment.
Packaged Terminal Air              AC and HP...........  All.................  EER..........................  ARI Standard 310/380-2004
 Conditioners and Heat Pumps.      HP..................  All.................  COP..........................  ARI Standard 310/380-2004
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Incorporated by reference, see Sec.   431.95.

* * * * *
    14. Section 431.132 is amended by adding in alphabetical order new 
definitions for ``Basic model,'' ``Cube type ice,'' ``Energy use,'' 
``Ice-making head,'' ``Maximum condenser water use,'' ``Remote 
compressor,'' ``Remote condensing,'' and ``Self-contained'' to read as 
follows:


Sec.  431.132  Definitions concerning automatic commercial ice makers.

* * * * *
    Basic model means, with respect to automatic commercial ice makers, 
all units of a given type of automatic commercial ice maker (or class 
thereof) manufactured by one manufacturer and which have the same 
primary energy source, which have electrical characteristics that are 
essentially identical, and which do not have any differing electrical, 
physical, or functional characteristics that affect energy consumption.
    Cube type ice means ice that is fairly uniform, hard, solid, 
usually clear, and generally weighs less than two ounces (60 grams) per 
piece, as distinguished from flake, crushed, or fragmented ice.
    Energy use means the total energy consumed, stated in kilowatt 
hours per one-hundred pounds (kWh/100 lb) of ice and stated in 
multiples of 0.1. For remote condensing automatic commercial ice 
makers, total energy consumed shall include condenser fan power. * * *
    Ice-making head means automatic commercial ice makers that do not 
contain integral storage bins, but are generally designed to 
accommodate a variety of bin capacities. Storage bins entail additional 
energy use not included in the reported energy consumption figures for 
these units.
    Maximum condenser water use means the maximum amount of water used 
by the condensing unit (if water-cooled), stated in gallons per 100 
pounds (gal/100 lb) of ice, in multiples of 1.
    Remote compressor means a type of automatic commercial ice maker in 
which the ice-making mechanism and compressor are in separate sections.
    Remote condensing means a type of automatic commercial ice maker in 
which the ice-making mechanism and condenser or condensing unit are in 
separate sections.
    Self-contained means a type of automatic commercial ice maker in 
which the ice-making mechanism and storage compartment are in an 
integral cabinet.
    15. Subpart H of Part 431 is amended by revising the undesignated 
center heading following Sec.  431.132 and adding new Sec. Sec.  
431.133, 431.134, and 431.135, to read as follows:

Test Procedures


Sec.  431.133  Materials incorporated by reference.

    (a) General. The Department incorporates by reference the following 
test procedures into Subpart H of Part 431. The Director of the Federal 
Register has approved the material listed in paragraph (b) of this 
section for incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR Part 51. Any subsequent amendment to this material by 
the standard-setting organization will not affect the DOE test 
procedures unless DOE amends its test procedures. The Department 
incorporates the material as it exists on the date of the approval by 
the Federal Register and a notice of any change in the material will be 
published in the Federal Register.
    (b) Test procedures incorporated by reference. (1) Air-Conditioning 
and Refrigeration Institute (ARI) Standard 810-2003, ``Performance 
Rating of Commercial Ice-Makers.''
    (2) American Society of Heating, Refrigerating and Air-Conditioning 
Engineers (ASHRAE) Standard 29-1988 (RA 2005), ``Methods of Testing 
Automatic Ice Makers.''
    (c) Availability of references. (1) Inspection of test procedures. 
The test procedures incorporated by reference are available for 
inspection at:
    (i) National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (ii) U.S. Department of Energy, Forrestal Building, Room 1J-018 
(Resource Room of the Building Technologies Program), 1000 Independence 
Avenue, SW., Washington, DC 20585-0121, (202) 586-9127, between 9 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.
    (2) Obtaining copies of test procedures. (i) Anyone can obtain a 
copy of ARI Standard 810-2003 from the Air-Conditioning and 
Refrigeration Institute, 4100 N. Fairfax Dr., Suite 200, Arlington, VA 
22203 or http://www.ari.org/std/standards.html.
    (ii) Anyone can purchase a copy of ASHRAE Standard 29-1988 (RA 
2005), ``Methods of Testing Automatic Ice Makers,'' from the American 
Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., 
1791 Tullie Circle, NE, Atlanta, GA 30329, (404) 636-8400, or http://www.ashrae.org.


Sec.  431.134  Uniform test methods for the measurement of energy 
consumption and water consumption of automatic commercial ice makers.

    (a) Scope. This section provides the test procedures for measuring, 
pursuant to EPCA, the energy use in kilowatt

[[Page 42211]]

hours per 100 pounds of ice (kWh/100 lbs ice) and the condenser water 
use in gallons per 100 pounds of ice (gal/100 lbs ice).
    (b) Testing and Calculations. Determine the energy consumed and the 
condenser water use rate of each covered product by conducting the test 
procedures, set forth in the Air-Conditioning and Refrigeration 
Institute's Standard 810-2003, ``Performance Rating of Automatic 
Commercial Ice-Makers,'' section 4, ``Test Requirements,'' and section 
5, ``Rating Requirements.'' Do not use the formula in Standard 810-2003 
for calculating energy use, but instead calculate the energy use rate 
(kWh/100 lbs Ice) by dividing the energy consumed during testing by the 
total mass of the ice produced during the time period over which energy 
consumption is measured, normalized to 100 pounds of ice as follows:
[GRAPHIC] [TIFF OMITTED] TP25JY06.008

Sec.  431.135  Units to be tested.

    For each basic model of automatic commercial ice maker selected for 
testing, a sample of sufficient size shall be selected at random and 
tested to ensure that (Components of similar design may be substituted 
without requiring additional testing if the represented measures of 
energy continue to satisfy the applicable sampling provision.)--
    (a) Any represented value of estimated maximum energy use or other 
measure of energy consumption of a basic model for which consumers 
would favor lower values shall be no less than the higher of ;
    (1) The mean of the sample; or
    (2) The upper 95 percent confidence limit of the true mean divided 
by 1.10; and
    (b) Any represented value of the energy efficiency or other measure 
of energy consumption of a basic model for which consumers would favor 
higher values shall be no greater than the lower of;
    (1) The mean of the sample; or
    (2) The lower 95 percent confidence limit of the true mean divided 
by 0.90.
    16. Section 431.202 is amended by adding in alphabetical order new 
definitions for ``Basic model,'' ``Face,'' and ``Input power demand'' 
to read as follows:


Sec.  431.202  Definitions concerning illuminated exit signs.

    Basic model means, with respect to illuminated exit signs, all 
units of a given type of illuminated exit sign (or class thereof) 
manufactured by one manufacturer and which have the same primary energy 
source, which have electrical characteristics that are essentially 
identical, and which do not have any differing electrical, physical, or 
functional characteristics that affect energy consumption.
    Face means an illuminated side of an illuminated exit sign.
* * * * *
    Input power demand means the amount of power required to 
continuously illuminate an exit sign model, measured in watts (W). For 
exit sign models with rechargeable batteries, input power demand shall 
be measured with batteries at full charge.
    17. Subpart L of Part 431 is amended by revising the undesignated 
center heading following Sec.  431.202 and adding new Sec. Sec.  
431.203, 431.204, and 431.205, to read as follows:

Test Procedures


Sec.  431.203  Materials incorporated by reference.

    (a) General. The Department incorporates by reference the following 
test procedures into subpart L of part 431. The Director of the Federal 
Register has approved the material listed in paragraph (b) of this 
section for incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Any subsequent amendment to this material by 
the standard-setting organization will not affect the DOE test 
procedures unless and until DOE amends its test procedures. The 
Department incorporates the material as it exists on the date of the 
approval by the Federal Register and a notice of any change in the 
material will be published in the Federal Register.
    (b) Test procedures incorporated by reference. Environmental 
Protection Agency ``ENERGY STAR Program Requirements for Exit Signs,'' 
Version 2.0.
    (c) Availability of references. (1) Inspection of test procedures. 
The test procedures incorporated by reference are available for 
inspection at:
    (i) National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html;
    (ii) U.S. Department of Energy, Forrestal Building, Room 1J-018 
(Resource Room of the Building Technologies Program), 1000 Independence 
Avenue, SW., Washington, DC 20585-0121, (202) 586-9127, between 9 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.
    (2) Obtaining copies of standards. Copies of the Environmental 
Protection Agency ``ENERGY STAR Program Requirements for Exit Signs,'' 
version 2.0, may be obtained from the Environmental Protection Agency, 
Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 
20460, (202) 272-0167 or at http://www.epa.gov.


Sec.  431.204  Uniform test method for the measurement of energy 
consumption of illuminated exit signs.

    (a) Scope. This section provides the test procedure for measuring, 
pursuant to EPCA, the input power demand of illuminated exit signs. For 
purposes of this part 431 and EPCA, the test procedure for measuring 
the input power demand of illuminated exit signs shall be the test 
procedure specified in Sec.  431.205(b).
    (b) Testing and calculations. Determine the energy efficiency of 
each covered product by conducting the test procedure, set forth in the 
Environmental Protection Agency's ``ENERGY STAR Program Requirements 
for Exit Signs,'' version 3.0, section 4 (Test Criteria), ``Conditions 
for testing'' and ``Input power measurement.'' The test duration shall 
be sufficient to allow the determination of true RMS input power with 
an uncertainty of 1 %.


Sec.  431.205  Units to be tested.

    For each basic model of illuminated exit sign selected for testing, 
a sample of sufficient size shall be selected at random and tested to 
ensure (Components of similar design may be substituted without 
requiring additional testing if the represented measures of energy 
continue to satisfy the applicable sampling provision.)
    (a) Any represented value of estimated input power demand or other 
measure of energy consumption of a basic model for which consumers 
would

[[Page 42212]]

favor lower values shall be no less than the higher of:
    (1) The mean of the sample, or
    (2) The upper 95 percent confidence limit of the true mean divided 
by 1.10, and
    (b) Any represented value of the energy efficiency or other measure 
of energy consumption of a basic model for which consumers would favor 
higher values shall be no greater than the lower of:
    (1) The mean of the sample, or
    (2) The lower 95 percent confidence limit of the true mean divided 
by 0.90.
    18. Section 431.222 is amended by adding in alphabetical order new 
definitions for ``Basic model,'' ``Maximum wattage,'' and ``Nominal 
wattage,'' to read as follows:


Sec.  431.222  Definitions concerning traffic signal modules and 
pedestrian modules.

    Basic model means, with respect to traffic signal modules and 
pedestrian modules, all units of a given type of traffic signal module 
or pedestrian module (or class thereof) manufactured by one 
manufacturer and which have the same primary energy source, which have 
electrical characteristics that are essentially identical, and which do 
not have any differing electrical, physical, or functional 
characteristics that affect energy consumption.
    Maximum wattage means the power consumed by the module after being 
operated for 60 minutes while mounted in a temperature testing chamber 
so that the lensed portion of the module is outside the chamber, all 
portions of the module behind the lens are within the chamber at a 
temperature of 74 [deg]C, and the air temperature in front of the lens 
is maintained at a minimum of 49 [deg]C.
    Nominal wattage means the power consumed by the module when it is 
operated within a chamber at a temperature of 25 [deg]C after the 
signal has been operated for 60 minutes.
* * * * *
    19. Subpart M of Part 431 is amended by revising the undesignated 
center heading following Sec.  431.222 and adding new Sec. Sec.  
431.223, 431.224, and 431.225, to read as follows:

Test Procedures


Sec.  431.223  Materials incorporated by reference.

    (a) General. The Department incorporates by reference the following 
test procedures into Subpart M of Part 431. The Director of the Federal 
Register has approved the material listed in paragraph (b) of this 
section for incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR Part 51. Any subsequent amendment to this material by 
the standard-setting organization will not affect the DOE test 
procedures unless and until DOE amends its test procedures. The 
Department incorporates the material as it exists on the date of the 
approval by the Federal Register and a notice of any change in the 
material will be published in the Federal Register.
    (b) List of test procedures incorporated by reference. (1) 
Environmental Protection Agency, ``ENERGY STAR Program Requirements for 
Traffic Signals,'' Version 1.1.
    (2) Institute of Transportation Engineers (ITE), ``Vehicle Traffic 
Control Signal Heads: Light Emitting Diode (LED) Circular Signal 
Supplement,'' Part 2, 1985.
    (c) Availability of references. (1) Inspection of test procedures. 
The test procedures incorporated by reference are available for 
inspection at:
    (i) National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (ii) U.S. Department of Energy, Forrestal Building, Room 1J-018 
(Resource Room of the Building Technologies Program), 1000 Independence 
Avenue, SW., Washington, DC 20585-0121, (202) 586-9127, between 9 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.
    (2) Obtaining copies of standards. Standards incorporated by 
reference may be obtained from the following source:
    (i) Environmental Protection Agency ``ENERGY STAR Program 
Requirements Traffic Signals,'' Version 1.1, Environmental Protection 
Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW, Washington, 
DC 20460, (202) 272-0167 or at http://www.epa.gov.
    (ii) Institute of Transportation Engineers, 1099 14th Street, NW., 
Suite 300 West, Washington, DC 20005-3438, (202) 289-0222, or [email protected].


Sec.  431.224  Uniform test method for the measurement of energy 
consumption for traffic signal modules and pedestrian modules.

    (a) Scope. This section provides the test procedures for measuring, 
pursuant to EPCA, the maximum wattage and nominal wattage of traffic 
signal modules and pedestrian modules. For purposes of 10 CFR Part 431 
and EPCA, the test procedures for measuring the maximum wattage and 
nominal wattage of traffic signal modules and pedestrian modules shall 
be the test procedures specified in Sec.  431.225(b).
    (b) Testing and Calculations. Determine the nominal wattage and 
maximum wattage of each covered traffic signal module or pedestrian 
module by conducting the test procedure set forth in Environmental 
Protection Agency, ``ENERGY STAR Program Requirements for Traffic 
Signals,'' version 1.1, section 1, ``Definitions,'' and section 4, 
``Test Criteria.'' Measure wattage continuously at the rated voltage 
that represents normal operation using an RMS sensor having an accuracy 
of 1% over the time for which the minimum luminous 
intensity tests described in VTCSH Part 2, section 6.4.2.1 (nominal 
wattage) and section 6.4.2.2 (maximum wattage) are conducted.


Sec.  431.225  Units to be tested.

    For each basic model of traffic signal module or pedestrian module 
selected for testing, a sample of sufficient size shall be selected at 
random and tested to ensure (Components of similar design may be 
substituted without requiring additional testing if the represented 
measures of energy continue to satisfy the applicable sampling 
provision.)--
    (a) Any represented value of estimated maximum and nominal wattage 
or other measure of energy consumption of a basic model for which 
consumers would favor lower values shall be no less than the higher of:
    (1) The mean of the sample, or
    (2) The upper 95 percent confidence limit of the true mean divided 
by 1.10, and
    (b) Any represented value of the energy efficiency or other measure 
of energy consumption of a basic model for which consumers would favor 
higher values shall be no greater than the lower of:
    (1) The mean of the sample, or
    (2) The lower 95 percent confidence limit of the true mean divided 
by 0.90.
    20. Section 431.242 is amended by adding in alphabetical order new 
definitions for ``Automatic flue damper,'' ``Fan-type heater,'' 
``Intermittent ignition device,'' ``Power venting,'' and ``Warm air 
furnace,'' to read as follows:


Sec.  431.242  Definitions concerning unit heaters.

    Automatic flue damper means a damper, usually electrically 
operated, which when fitted in the flue of a gas-or oil-fired space-or 
water-heating appliance and connected to the appliance control system 
opens on

[[Page 42213]]

firing and shuts after the main burner has been extinguished.
    Fan-type heater means a type of heater in which a fan incorporated 
in the equipment supplies air for combustion at a pressure exceeding 
atmospheric pressure.
    Intermittent ignition device means a device that utilizes 
electricity to ignite gas at the pilot using an ignition source which 
is automatically ignited or energized when an appliance is called on to 
operate and which remains continuously ignited or energized during each 
period of burner operation.
    Power venting means a venting system that uses a separate fan in 
the vent pipe.
* * * * *
    Warm air furnace mean commercial warm air furnace as defined in 
Sec.  431.72.
    21. Section 431.262 is amended by adding in alphabetical order a 
new definition for ``Basic model'' to read as follows:


Sec.  431.262  Definitions concerning commercial prerinse spray valves.

    Basic model means, with respect to commercial prerinse spray 
valves, all units of a given type of commercial prerinse spray valve 
(or class thereof) manufactured by one manufacturer and which have the 
identical flow control mechanism attached to or installed within the 
fixture fitting, or the identical water-passage design features that 
use the same path of water in the highest flow mode.
* * * * *
    22. Subpart O of Part 431 is amended by revising the undesignated 
center heading following Sec.  431.262 and adding new Sec. Sec.  
431.263, 431.264 and 431.265, to read as follows:

Test Procedures


Sec.  431.263  Materials incorporated by reference.

    (a) General. The Department incorporates by reference the following 
test procedures into Subpart O of Part 431. The Director of the Federal 
Register has approved the material listed in paragraph (b) of this 
section for incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR Part 51. Any subsequent amendment to this material by 
the standard-setting organization will not affect the DOE test 
procedures unless DOE amends its test procedures. The Department 
incorporates the material as it exists on the date of the approval by 
the Federal Register and a notice of any change in the material will be 
published in the Federal Register.
    (b) Test procedures incorporated by reference. American Society for 
Testing and Materials (ASTM) Standard F2324-2003, ``Standard Test 
Method for Prerinse Spray Valves.''
    (c) Availability of references. (1) Inspection of test procedures. 
The test procedures incorporated by reference are available for 
inspection at:
    (i) National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (ii) U.S. Department of Energy, Forrestal Building, Room 1J-018 
(Resource Room of the Building Technologies Program), 1000 Independence 
Avenue, SW., Washington, DC 20585-0121, (202) 586-9127, between 9 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.
    (2) Obtaining copies of standards. Standards incorporated by 
reference may be obtained from the following source: Copies of ASTM 
Standard F2324-2003 can be obtained from ASTM International, 100 Barr 
Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, or 
telephone (610) 832-9585.


Sec.  431.264  Uniform test method for the measurement of flow rate for 
commercial prerinse spray valves.

    (a) Scope. This section provides the test procedure for measuring, 
pursuant to EPCA, the water consumption flow rate of commercial 
prerinse spray valves.
    (b) Testing and calculations. The test procedure to determine the 
water consumption flow rate for prerinse spray valves, expressed in 
gallons per minute (gpm) or liters per minute (L/min), shall be 
conducted in accordance with the test requirements specified in 
sections 4.1 and 4.2 (Summary of Test Method), 5.1 (Significance and 
Use), 6.1 through 6.4 (Apparatus), 8.1 (Sampling), 9.1 through 9.5 
(Preparation of Apparatus), and 10.1 through 10.2.5. (Procedure), and 
calculations in accordance with sections 11.1 through 11.3.2 
(Calculation and Report) of the ASTM F2324-2003, ``Standard Test Method 
for Prerinse Spray Valves.'' Perform only the procedures pertinent to 
the measurement of flow rate. Record measurements at the resolution of 
the test instrumentation. Round off calculations to the same number of 
significant digits as the previous step. Round the final water 
consumption value to one decimal place as follows:
    (1) A fractional number at or above the midpoint between two 
consecutive decimal places shall be rounded up to the higher of the two 
decimal places; or
    (2) A fractional number below the midpoint between two consecutive 
decimal places shall be rounded down to the lower of the two decimal 
places.


Sec.  431.265  Units to be tested.

    For each basic model of commercial prerinse spray valves selected 
for testing, a sample of sufficient size shall be selected at random 
and tested to ensure that (Components of similar design may be 
substituted without requiring additional testing if the represented 
measures of energy continue to satisfy the applicable sampling 
provision.)--
    (a) Any represented value of estimated water consumption or other 
measure of water consumption of a basic model for which consumers would 
favor lower values shall be no less than the higher of:
    (1) The mean of the sample, or
    (2) The upper 95 percent confidence limit of the true mean divided 
by 1.10; and
    (b) Any represented value of the water efficiency or other measure 
of water consumption of a basic model for which consumers would favor 
higher values shall be no greater than the lower of:
    (1) The mean of the sample, or
    (2) The lower 95 percent confidence limit of the true mean divided 
by 0.90.
    23. Part 431 is amended by adding a new Subpart Q to read as 
follows:
Subpart Q--Refrigerated Bottled or Canned Beverage Vending Machines
Sec.
431.291 Scope.
431.292 Definitions concerning refrigerated bottled or canned 
beverage vending machines.

Test Procedures

431.293 Materials incorporated by reference.
431.294 Uniform test method for the measurement of energy 
consumption of refrigerated bottled or canned beverage vending 
machines.
431.295 Units to be tested.

Subpart Q--Refrigerated Bottled or Canned Beverage Vending Machines


Sec.  431.291  Scope.

    This subpart specifies test procedures and energy conservation 
standards for certain commercial refrigerated bottled or canned 
beverage vending machines, pursuant to Part C of Title III of the 
Energy Policy and Conservation Act, as amended, 42 U.S.C. 6311-6316.


Sec.  431.292  Definitions concerning refrigerated bottled or canned 
beverage vending machines.

    Basic model means, with respect to refrigerated bottled or canned 
beverage vending machines, all units of a given

[[Page 42214]]

type of refrigerated bottled or canned beverage vending machine (or 
class thereof) manufactured by one manufacturer and which have the same 
primary energy source, which have electrical characteristics that are 
essentially identical, and which do not have any differing electrical, 
physical, or functional characteristics that affect energy consumption.
    Refrigerated bottled or canned beverage vending machine means a 
commercial refrigerator that cools bottled or canned beverages and 
dispenses the bottled or canned beverages on payment.

Test Procedures


Sec.  431.293  Materials incorporated by reference.

    (a) General. The Department incorporates by reference the following 
test procedures into Subpart Q of Part 431. The Director of the Federal 
Register has approved the material listed in paragraph (b) of this 
section for incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR Part 51. Any subsequent amendment to this material by 
the standard-setting organization will not affect the DOE test 
procedures unless DOE amends its test procedures. The Department 
incorporates the material as it exists on the date of the approval by 
the Federal Register and a notice of any change in the material will be 
published in the Federal Register.
    (b) Test procedures incorporated by reference. American Society of 
Heating, Refrigerating and Air-Conditioning Engineers, Inc. (ASHRAE) 
Standard 32.1-2004, ``Methods of Testing for Rating Vending Machines 
for Bottled, Canned, and Other Sealed Beverages.''
    (c) Availability of references. (1) Inspection of test procedures. 
The test procedures incorporated by reference are available for 
inspection at:
    (i) National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (ii) U.S. Department of Energy, Forrestal Building, Room 1J-018 
(Resource Room of the Building Technologies Program), 1000 Independence 
Avenue, SW., Washington, DC 20585-0121, (202) 586-9127, between 9 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.
    (2) Obtaining copies of standards. Standards incorporated by 
reference may be obtained from the following sources: Copies of ASHRAE 
Standard 32.1-2004 can be obtained from the American Society of 
Heating, Refrigerating and Air-Conditioning Engineers, Inc., 1791 
Tullie Circle NE, Atlanta, GA 30329-2305, (404) 636-8400, or http://www.ashrae.org.


Sec.  431.294  Uniform test method for the measurement of energy 
consumption of refrigerated bottled or canned beverage vending 
machines.

    (a) Scope. This section provides test procedures that must be 
followed for measuring, pursuant to EPCA, the energy consumption of 
refrigerated bottled or canned beverage vending machines.
    (b) Testing and Calculations. The test procedure for energy 
consumption of refrigerated bottled or canned beverage vending machines 
shall be conducted in accordance with the test procedures specified in 
section 4, ``Instruments,'' section 5, ``Vending Machine Capacity,'' 
section 6, ``Test Conditions,'' and sections 7.1 through 7.2.3.2, under 
``Test Procedures,'' of ANSI/ASHRAE Standard 32.1-2004, ``Methods of 
Testing for Rating Vending Machines for Bottled, Canned, and Other 
Sealed Beverages.''


Sec.  431.295  Units to be tested.

    For each basic model of refrigerated bottled or canned beverage 
vending machine selected for testing, a sample of sufficient size shall 
be selected at random and tested to ensure that (Components of similar 
design may be substituted without requiring additional testing if the 
represented measures of energy continue to satisfy the applicable 
sampling provision.)--
    (a) Any represented value of estimated energy consumption or other 
measure of energy consumption of a basic model for which consumers 
would favor lower values shall be no less than the higher of:
    (1) The mean of the sample, or
    (2) The upper 95 percent confidence limit of the true mean divided 
by 1.10; and
    (b) Any represented value of the energy efficiency or other measure 
of energy consumption of a basic model for which consumers would favor 
higher values shall be no greater than the lower of:
    (1) The mean of the sample, or
    (2) The lower 95 percent confidence limit of the true mean divided 
by 0.90.
    24. Part 431 is amended by adding a new Subpart T to read as 
follows:
Subpart T--Certification and Enforcement
Sec.
431.370 Purpose and scope.
431.371 Submission of data.
431.372 Sampling.
431.373 Enforcement.
Appendix A to Subpart T of Part 431--Compliance Statement for 
Certain Commercial Equipment
Appendix B to Subpart T of Part 431--Certification Report for 
Certain Commercial Equipment
Appendix C to Subpart T of Part 431--Certification Report for 
Distribution Transformers
Appendix D to Subpart T of Part 431--Enforcement for performance 
standards; Compliance Determination Procedure for Certain Commercial 
Equipment

Subpart T--Certification and Enforcement


Sec.  431.370  Purpose and scope.

    This subpart sets forth the procedures to be followed for 
manufacturer compliance certifications of all covered equipment except 
electric motors, and for DOE enforcement action to determine whether a 
basic model of covered equipment, other than electric motors and 
distribution transformers, complies with the applicable energy or water 
conservation standard set forth in this part. Energy and water 
conservation standards include minimum levels of efficiency and maximum 
levels of consumption (also referred to as performance standards), and 
prescriptive design requirements (also referred to as design 
standards). This subpart does not apply to electric motors.


Sec.  431.371  Submission of data.

    (a) Certification. (1) Except as provided in paragraph (a)(2) of 
this section, each manufacturer or private labeler before distributing 
in commerce any basic model of covered equipment, covered by this 
subpart and subject to an energy or water conservation standard set 
forth in this part, shall certify by means of a compliance statement 
and a certification report that each basic model meets the applicable 
energy or water conservation standard. The compliance statement, signed 
by the company official submitting the statement, and the certification 
report(s) shall be sent by certified mail to: Department of Energy, 
Office of Energy Efficiency and Renewable Energy, Building Technologies 
Program, Forrestal Building, 1000 Independence Avenue, SW., Washington, 
DC 20585-0121, or e-mailed to the Department at: 
[email protected].
    (2) Each manufacturer or private labeler of a basic model of 
commercial clothes washer, distribution transformer, traffic signal 
module, pedestrian module, and commercial prerinse spray valve shall 
file a compliance statement and its first certification report with DOE 
on or

[[Page 42215]]

before [Date 1 Year After Publication of the Final Rule in the Federal 
Register]. Each manufacturer or private labeler of a basic model of 
low-voltage dry-type distribution transformer shall file a compliance 
statement and its first certification report with DOE on or before 
January 1, 2008.
    (3) Amendment of information. If information in a compliance 
statement or certification report previously submitted to the 
Department under this section is found to be incorrect, each 
manufacturer or private labeler (or an authorized representative) must 
submit the corrected information to the Department at the address and 
in the manner described in this section.
    (4) Notices designating a change of third-party representative must 
be sent to the Department at the address and in the manner described in 
this section.
    (5) The compliance statement, which each manufacturer or private 
labeler need not submit more than once, shall include all information 
specified in the format set forth in Appendix A of this subpart and 
shall certify, with respect to each basic model currently produced by 
the manufacturer and new basic models it introduces in the future, 
that:
    (i) Each basic model complies and will comply with the applicable 
energy or water conservation standard;
    (ii) All representations as to efficiency in the manufacturer's 
certification report(s) are and will be based on testing and/or use of 
an AEDM in accordance with 10 CFR Part 431;
    (iii) All information reported in the certification report(s) is 
and will be true, accurate, and complete; and
    (iv) The manufacturer or private labeler is aware of the penalties 
associated with violations of the Act, the regulations thereunder, and 
18 U.S.C. 1001, which prohibits knowingly making false statements to 
the Federal Government.
    (6) Each manufacturer must submit to DOE a certification report for 
all of its basic models.
    (i) For covered equipment that are subject to standards other than 
distribution transformers and electric motors, the certification report 
(for which a suggested format is set forth in Appendix B of this 
subpart) shall include for each basic model the product type, product 
class, manufacturer's name, private labeler's name(s) (if applicable), 
and the manufacturer's model number(s), and:
    (A) The thermal efficiency in percent and the maximum rated 
capacity (rated maximum input) in Btu/h of commercial warm air 
furnaces;
    (B) The combustion efficiency in percent and the capacity (rated 
maximum input) in Btu/h of commercial package boilers;
    (C) The seasonal energy efficiency ratio and the cooling capacity 
in Btu/h of small commercial, air cooled, three-phase, packaged air 
conditioners less than 65,000 Btu/h;
    (D) The energy efficiency ratio and the cooling capacity in Btu/h 
of small commercial water-cooled and evaporatively cooled packaged air 
conditioners less than 65,000 Btu/h;
    (E) The energy efficiency ratio and the cooling capacity in Btu/h 
of large and very large commercial air cooled, water-cooled, and 
evaporatively cooled packaged air conditioners;
    (F) The energy efficiency ratio and the cooling capacity in Btu/h 
of packaged terminal air conditioners;
    (G) The seasonal energy efficiency ratio, the heating seasonal 
performance factor and the cooling capacity in Btu/h of small 
commercial air cooled, three-phase packaged air conditioning heat pumps 
less than 65,000 Btu/h;
    (H) The energy efficiency ratio, the coefficient of performance and 
the cooling capacity in Btu/h of small commercial water-source packaged 
air conditioning heat pumps;
    (I) The energy efficiency ratio, the coefficient of performance and 
the cooling capacity in Btu/h of large and very large air cooled 
commercial package air conditioning heat pumps;
    (J) The energy efficiency ratio, coefficient of performance and the 
cooling capacity in Btu/h of packaged terminal heat pumps;
    (K) The maximum standby loss in percent per hour of electric 
storage water heaters;
    (L) The minimum thermal efficiency in percent, the maximum standby 
loss in Btu/h, and the size (input capacity) in Btu/h of gas- and oil-
fired storage water heaters;
    (M) The minimum thermal efficiency in percent, maximum standby loss 
in Btu/h, and the size (storage capacity) in gallons of gas- and oil-
fired instantaneous water heaters and gas- and oil-fired hot water 
supply boilers greater than or equal to 10 gallons;
    (N) The minimum thermal efficiency in percent and the size (storage 
capacity) in gallons of gas- and oil-fired instantaneous water heaters 
and gas- and oil-fired hot water supply boilers less than 10 gallons;
    (O) The minimum thermal insulation and the storage capacity of 
unfired hot water storage tanks;
    (P) The maximum daily energy consumption in kilowatt hours per day 
and volume in cubic feet of refrigerators with solid doors, 
refrigerators with transparent doors, freezers with solid doors, and 
freezers with transparent doors;
    (Q) The maximum daily energy consumption in kilowatt hours per day 
and adjusted volume in cubic feet of refrigerator-freezers with solid 
doors;
    (R) The equipment type, type of cooling, maximum energy use in 
kilowatt hours per 100 pounds of ice, maximum condenser water use in 
gallons per 100 pounds of ice, and harvest rate in pounds of ice per 24 
hours of commercial ice makers;
    (S) The modified energy factor and water consumption factor of 
commercial clothes washers;
    (T) The input power demand in watts of illuminated exit signs;
    (U) The nominal and maximum wattage in watts and signal type of 
traffic signal modules and pedestrian modules; and
    (V) The flow rate in gallons per minute of commercial prerinse 
spray valves.
    (ii) For the least efficient basic model of distribution 
transformer within each ``kVA grouping'' for which this part prescribes 
an efficiency standard, the certification report (for which a suggested 
format is set forth in Appendix C of this subpart shall include the kVA 
rating, the insulation type (i.e., low-voltage dry-type, medium-voltage 
dry-type or liquid-immersed), the number of phases (i.e., single-phase 
or three-phase), the BIL group rating (for medium-voltage dry-types), 
the model number(s), the efficiency, and the method used to determine 
the efficiency (i.e., actual testing or an AEDM). As used in this 
section, a ``kVA grouping'' is a group of basic models which all have 
the same kVA rating, have the same insulation type (i.e., low-voltage 
dry-type, medium-voltage dry-type or liquid-immersed), have the same 
number of phases (i.e., single-phase or three-phase), and, for medium-
voltage dry-types, have the same BIL group rating (i.e., 20-45 kV BIL, 
46-95 kV BIL or greater than 96 kV BIL).
    (7) Copies of reports to the Federal Trade Commission that include 
the information specified in paragraph (a)(6) of this section could 
serve in lieu of the certification report.
    (b) Model modifications. Any change to a basic model that affects 
energy or water consumption (in the case of prerinse spray valves) 
constitutes the addition of a new basic model. If such a change reduces 
consumption, the new model shall be considered in compliance with the 
standard without any additional testing. If, however, such a change 
increases consumption while meeting the standard, then

[[Page 42216]]

    (1) For distribution transformers, the manufacturer must submit all 
information required by paragraph (a)(6)(ii) of this section for the 
new basic model, unless the manufacturer has previously submitted to 
DOE a certification report for a basic model of distribution 
transformer that is in the same kVA grouping as the new basic model, 
and that has a lower efficiency than the new basic model;
    (2) For other equipment, the manufacturer must submit all 
information required by paragraph (a)(6) of this section for the new 
basic model; and
    (3) Any such submission shall be by certified mail, to: Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, Forrestal Building, 1000 Independence Avenue, 
SW., Washington, DC 20585-0121, or e-mailed to the Department at: 
[email protected].
    (c) Discontinued model. For equipment other than distribution 
transformers, when production of a basic model has ceased and is no 
longer being distributed, the manufacturer shall report this, by 
certified mail, to: Department of Energy, Office of Energy Efficiency 
and Renewable Energy, Building Technologies Program, Forrestal 
Building, 1000 Independence Avenue, SW., Washington, DC 20585-0121, or 
e-mailed to the Department at: [email protected]. For 
each basic model, the report shall include: equipment type, equipment 
class, the manufacturer's name, the private labeler's name(s), if 
applicable, and the manufacturer's model number. If the reporting of 
discontinued models coincides with the submittal of a certification 
report, such information can be included in the certification report.
    (d) Third-party representation. A manufacturer or private labeler 
may elect to use a third party (such as a trade association or other 
authorized representative) to submit the certification report to DOE. 
Such certification reports shall include all the information specified 
in paragraph (a)(6) of this section. Third parties submitting 
certification reports shall include the names of the manufacturers or 
private labelers who authorized the submittal of the certification 
reports to DOE on their behalf. The third-party representative also may 
submit discontinued model information on behalf of an authorizing 
manufacturer.


Sec.  431.372  Sampling.

    For purposes of a certification of compliance, the determination 
that a basic model complies with the applicable energy conservation 
standard or water conservation standard shall be based upon the testing 
and sampling procedures, and other applicable rating procedures set 
forth in this part. For purposes of a certification of compliance, the 
determination that a basic model complies with the applicable design 
standard shall be based on the incorporation of specific design 
requirements specified in this part.


Sec.  431.373  Enforcement.

    Process for Covered Equipment Other than Electric Motors. For 
covered equipment other than electric motors, this section sets forth 
procedures DOE will follow in pursuing alleged non-compliance with an 
applicable energy or water conservation standard. Paragraph (c) of this 
section applies to all such covered equipment, paragraphs (a)(1) and 
(a)(2) of this section apply to all such equipment except for 
distribution transformers and commercial heating, ventilating, and air 
conditioning equipment and commercial water heating equipment.
    (a) Performance standards--(1) Test notice. Upon receiving 
information in writing concerning the energy performance or water 
performance (in the case of commercial prerinse spray valves) of a 
particular covered equipment sold by a particular manufacturer or 
private labeler, which indicates that the covered equipment may not be 
in compliance with the applicable energy-or water-performance standard, 
the Secretary may conduct a review of the test records. The Secretary 
may then conduct enforcement testing of that equipment by means of a 
test notice addressed to the manufacturer or private labeler in 
accordance with the following requirements:
    (i) The test notice procedure will only be followed after the 
Secretary or his/her designated representative has examined the 
underlying test data (or, where appropriate, data about the use of an 
alternative efficiency determination method (AEDM)) provided by the 
manufacturer, and after the manufacturer has been offered the 
opportunity to meet with the Department to verify compliance with the 
applicable energy conservation standard or water conservation standard. 
When compliance of a basic model was certified based on an AEDM, the 
Department has the discretion to pursue other steps provided under this 
part for verifying the AEDM before invoking the test notice procedure. 
A representative designated by the Secretary must be permitted to 
observe any reverification procedures undertaken according to this 
subpart, and to inspect the results of such reverification.
    (ii) The test notice will be signed by the Secretary or his/her 
designee and will be mailed or delivered by the Department to the plant 
manager or other responsible official designated by the manufacturer.
    (iii) The test notice will specify the model or basic model to be 
selected for testing, the number of units to be tested, the method for 
selecting these units, the date and time at which testing is to begin, 
the date when testing is scheduled to be completed, and the facility at 
which testing will be conducted. The test notice may also provide for 
situations in which the selected basic model is unavailable for 
testing, and it may include alternative basic models. For equipment 
that this part allows to be rated by use of an AEDM, the specified 
basic model may be one that the manufacturer has rated by actual 
testing or that it has rated by the use of an AEDM.
    (iv) The Secretary may require in the test notice that the 
manufacturer of a covered equipment shall ship at his expense a 
reasonable number of units of each basic model specified in the test 
notice to a testing laboratory designated by the Secretary. The number 
of units of a basic model specified in a test notice shall not exceed 
20.
    (v) Within five working days of the time the units are selected, 
the manufacturer must ship the specified test units of a basic model to 
the designated testing laboratory.
    (2) Testing Laboratory. Whenever the Department conducts 
enforcement testing at a designated laboratory in accordance with a 
test notice under this section, the resulting test data shall 
constitute official test data for that basic model. The Department will 
use such test data to make a determination of compliance or 
noncompliance.
    (3) Sampling. The Secretary will base the determination of whether 
a manufacturer's basic model complies with the applicable energy-or 
water-performance standard on testing conducted in accordance with the 
applicable test procedures specified in this part, and with the 
following statistical sampling procedures:
    (i) For commercial prerinse spray valves, illuminated exit signs, 
traffic signal modules and pedestrian modules, refrigerated bottled or 
canned vending machines, and commercial clothes washers, the methods 
are described in Appendix B to Subpart F of Part 430 (Sampling Plan for 
Enforcement Testing).

[[Page 42217]]

    (ii) For automatic commercial ice makers, as well as commercial 
refrigerators, freezers, and refrigerators-freezers, the methods are 
described in Appendix C to Subpart T of Part 431 and include the 
following provisions:
    (A) Except as required or provided in paragraphs (a)(3)(ii)(B) and 
(a)(3)(ii)(C) of this section, initially, the Department will test four 
units.
    (B) Except as provided in paragraph (a)(3)(ii)(C) of this section, 
if fewer than four units of basic model are available for testing when 
the manufacturer receives the test notice, then:
    (1) DOE will test the available unit(s); or
    (2) If one or more other units of the basic model are expected to 
become available within six months, DOE may instead at its discretion, 
test either:
    (i) The available unit(s) and one or more of the other units that 
subsequently become available (up to a maximum of four); or
    (ii) Up to four of the other units that subsequently become 
available.
    (C) Notwithstanding paragraphs (a)(3)(ii)(A) and (a)(3)(ii)(B) of 
this section, if testing of the available or subsequently available 
units of a basic model would be impractical, as for example when a 
basic model is very large, has unusual testing requirements, or has 
limited production, the Department may in its discretion decide to base 
the determination of compliance on the testing of fewer than the 
available number of units, if the manufacturer so requests and 
demonstrates that the criteria of this paragraph are met.
    (D) When testing units under paragraphs (a)(3)(ii)(A), 
(a)(3)(ii)(B), or (a)(3)(ii)(C) of this section, DOE shall perform the 
following number of tests:
    (1) If DOE tests three or four units, it will test each unit once;
    (2) If DOE tests two units, it will test each unit twice; or
    (3) If DOE tests one unit, it will test each unit four times.
    (E) When it tests three or fewer units, the Department will base 
the compliance determination on the results of such testing in a manner 
otherwise in accordance with this section.
    (F) For the purposes of paragraphs (a)(3)(ii)(A) through 
(a)(3)(ii)(C) of this section, available units are those that are 
available for commercial distribution within the United States.
    (4) Test unit selection. (i) For commercial prerinse spray valves, 
illuminated exit signs, traffic signal modules and pedestrian modules, 
refrigerated bottled or canned vending machines, and commercial clothes 
washers, the following applies:
    (A) The Department shall select a batch, a batch sample, and test 
units from the batch sample in accordance with the following provisions 
of this paragraph and the conditions specified in the test notice:
    (B) The batch may be subdivided by the Department using criteria 
specified in the test notice.
    (C) The Department will then randomly select a batch sample of up 
to 20 units from one or more subdivided groups within the batch. The 
manufacturer shall keep on hand all units in the batch sample until the 
basic model is determined to be in compliance or non-compliance.
    (D) The Department will randomly select individual test units 
comprising the test sample from the batch sample.
    (E) All random selection shall be achieved by sequentially 
numbering all of the units in a batch sample and then using a table of 
random numbers to select the units to be tested.
    (ii) For automatic commercial ice makers, as well as commercial 
refrigerators, freezers, and refrigerator-freezers, the following 
applies:
    (A) The Department will select a batch from all available units, 
and a test sample (i.e., the units to be tested) from the batch, in 
accordance with the provisions of this paragraph and the conditions 
specified in the test notice.
    (B) DOE may select the batch by utilizing the criteria specified in 
the test notice, that is, date of manufacture, component-supplier, 
location of manufacturing facility, or other criteria which may 
differentiate one unit from another within a basic model.
    (C) DOE will randomly select individual units to be tested, 
comprising the test sample, from the batch. DOE will achieve random 
selection by sequentially numbering all of the units in a batch and 
then using a table of random numbers to select the units to be tested. 
The manufacturer must keep on hand all units in the batch until such 
time as the inspector determines that the unit(s) selected for testing 
is(are) operative. Thereafter, once a manufacturer distributes or 
otherwise disposes of any unit in the batch, it may no longer claim 
under paragraph (a)(5)(iii) of this section that a unit selected for 
testing is defective due to a manufacturing defect or failure to 
operate in accordance with its design and operating instructions.
    (5) Test unit preparation. (i) Before and during the testing, a 
test unit selected in accordance with paragraph (a)(4) of this section 
shall not be prepared, modified, or adjusted in any manner unless such 
preparation, modification, or adjustment is allowed by the applicable 
DOE test procedure. DOE will test each unit in accordance with the 
applicable test procedures.
    (ii) No one may perform any quality control, testing, or assembly 
procedures on a test unit, or any parts and subassemblies thereof, that 
is not performed during the production and assembly of all other units 
included in the basic model.
    (iii) A test unit shall be considered defective if it is 
inoperative. A test unit is also defective if it is found to be in 
noncompliance due to a manufacturing defect or due to failure of the 
unit to operate according to the manufacturer's design and operating 
instructions, and the manufacturer demonstrates by statistically valid 
means that, with respect to such defect or failure, the unit is not 
representative of the population of production units from which it is 
obtained. Defective units, including those damaged due to shipping or 
handling, must be reported immediately to DOE. The Department will 
authorize testing of an additional unit on a case-by-case basis.
    (6) Testing at manufacturer's option. (i) If the Department 
determines a basic model to be in noncompliance with the applicable 
energy performance standard or water performance standard at the 
conclusion of its initial enforcement sampling plan testing, the 
manufacturer may request that the Department conduct additional testing 
of the basic model. Additional testing under this paragraph must be in 
accordance with the applicable test procedure, and:
    (A) For commercial prerinse spray valves, illuminated exit signs, 
traffic signal modules and pedestrian modules, refrigerated bottled or 
canned vending machines, and commercial clothes washers, the applicable 
provisions in Appendix B to Subpart F of Part 430;
    (B) For automatic commercial ice makers, as well as commercial 
refrigerators, freezers, and refrigerator-freezers, the applicable 
provisions in Appendix C of this subpart, and limited to a maximum of 
six additional units of basic model.
    (ii) All units tested under this paragraph shall be selected and 
tested in accordance with paragraphs (a)(1)(v), (a)(2), (a)(4), and 
(a)(5) of this section.
    (iii) The manufacturer shall bear the cost of all testing under 
this paragraph.
    (iv) The Department will advise the manufacturer of the method for 
selecting the additional units for testing, the date and time at which 
testing is to begin, the date by which testing is scheduled to be 
completed, and the facility at which the testing will occur.
    (v) The manufacturer shall cease distribution of the basic model 
tested

[[Page 42218]]

under the provisions of this paragraph from the time the manufacturer 
elects to exercise the option provided in this paragraph until the 
basic model is determined to be in compliance. The Department may seek 
civil penalties for all units distributed during such period.
    (vi) If the additional testing results in a determination of 
compliance, the Department will issue a notice of allowance to resume 
distribution.
    (b) Design standard. In the case of a design standard, the 
Department can determine that a model is noncompliant after the 
Department has examined the underlying design information of the 
manufacturer and has offered the manufacturer the opportunity to verify 
compliance with the applicable design standard.
    (c) Cessation of distribution of a basic model of commercial 
equipment other than electric motors. (1) In the event the Department 
determines, in accordance with enforcement provisions set forth in this 
subpart, a model of covered equipment is noncompliant, or if a 
manufacturer or private labeler determines one of its models to be in 
noncompliance, the manufacturer or private labeler shall:
    (i) Immediately cease distribution in commerce of all units of the 
basic model in question;
    (ii) Give immediate written notification of the determination of 
noncompliance to all persons to whom the manufacturer has distributed 
units of the basic model manufactured since the date of the last 
determination of compliance; and
    (iii) If requested by the Secretary, provide DOE within 30 days of 
the request, records, reports and other documentation pertaining to the 
acquisition, ordering, storage, shipment, or sale of a basic model 
determined to be in noncompliance.
    (2) The manufacturer may modify the noncompliant basic model in 
such manner as to make it comply with the applicable performance 
standard. The manufacturer or private labeler must treat such a 
modified basic model as a new basic model and certify it in accordance 
with the provisions of this subpart. In addition to satisfying all 
requirements of this subpart, the manufacturer must also maintain 
records that demonstrate that modifications have been made to all units 
of the new basic model before its distribution in commerce.
    (3) If a manufacturer or private labeler has a basic model that is 
not properly certified in accordance with the requirements of this 
subpart, the Secretary may seek, among other remedies, injunctive 
action to prohibit distribution in commerce of the basic model.

Appendix A to Subpart T of Part 431--Compliance Statement for Certain 
Commercial Equipment

Product:---------------------------------------------------------------

Manufacturer's or Private Labeler's Name and Address:

-----------------------------------------------------------------------

-----------------------------------------------------------------------

    [Company name] (``the company'') submits this Compliance 
Statement under 10 CFR Part 431 (Energy Efficiency Program for 
Certain Commercial and Industrial Equipment) and Part C of the 
Energy Policy and Conservation Act (Pub. L. 94-163), and amendments 
thereto. I am signing this on behalf of and as a responsible 
official of the company. All basic models of commercial or 
industrial equipment subject to energy conservation standards 
specified in 10 CFR Part 431 that this company manufacturers comply 
with the applicable energy or water conservation standard(s). We 
have complied with the applicable testing requirements (prescribed 
in 10 CFR Part 431) in making this determination, and in determining 
the energy efficiency, energy use, or water use that is set forth in 
any accompanying Certification Report. All information in such 
Certification Report(s) and in this Compliance Statement is true, 
accurate, and complete. The company pledges that all this 
information in any future Compliance Statement(s) and Certification 
Report(s) will meet these standards, and that the company will 
comply with the energy conservation requirements in 10 CFR Part 431 
with regard to any new basic model it distributes in the future. The 
company is aware of the penalties associated with violations of the 
Act and the regulations thereunder, and is also aware of the 
provisions contained in 18 U.S.C. 1001, which prohibits knowingly 
making false statements to the Federal Government.

Name of Company Official:----------------------------------------------

Signature of Company Official:-----------------------------------------

Title:-----------------------------------------------------------------

Firm or Organization:--------------------------------------------------

Date:------------------------------------------------------------------

Name of Person to Contact for Further Information:---------------------

Address:---------------------------------------------------------------

-----------------------------------------------------------------------

Telephone Number:------------------------------------------------------

Facsimile Number:------------------------------------------------------

    Third-Party Representation (if applicable)
    For a certification reports prepared and submitted by a third-
party organization under the provisions of 10 CFR Part 431, the 
company official who authorized said third-party representation is:

Name:------------------------------------------------------------------

Title:-----------------------------------------------------------------

Address:---------------------------------------------------------------
-----------------------------------------------------------------------

Telephone Number:------------------------------------------------------
-----------------------------------------------------------------------

-----------------------------------------------------------------------

Facsimile Number:------------------------------------------------------

The third-party organization authorized to act as representative:

Third-Party Organization:

-----------------------------------------------------------------------
Address:---------------------------------------------------------------

-----------------------------------------------------------------------
Telephone Number:------------------------------------------------------

Facsimile Number:------------------------------------------------------

Appendix B to Subpart T to Part 431--Certification Report for Certain 
Commercial Equipment

    All information reported in this Certification Report(s) is 
true, accurate, and complete. The company is aware of the penalties 
associated with violations of the Act, the regulations thereunder, 
and is also aware of the provisions contained in 18 U.S.C. 1001, 
which prohibits knowingly making false statements to the Federal 
Government.

Name of Company Official or Third-Party Representative:

-----------------------------------------------------------------------

Signature of Company Official or Third-Party Representative:

-----------------------------------------------------------------------

Title:-----------------------------------------------------------------

Date:------------------------------------------------------------------

Equipment Type:--------------------------------------------------------

Manufacturer:----------------------------------------------------------

Private Labeler (if applicable):---------------------------------------

Name of Person to Contact for Further Information:---------------------

Address:---------------------------------------------------------------

-----------------------------------------------------------------------

Telephone Number:------------------------------------------------------

Facsimile Number:------------------------------------------------------

    For Existing, New, or Modified Models: \1\
---------------------------------------------------------------------------

    \1\ Provide specific equipment information including, for each 
basic model, the product class, the manufacturer's model number(s), 
and the other information required in 431.371(a)(6)(i).
---------------------------------------------------------------------------

    For Discontinued Models: \2\
---------------------------------------------------------------------------

    \2\ Provide manufacturer's model number(s).
---------------------------------------------------------------------------

    Submit by Certified Mail to: U.S. Department of Energy, Office 
of Energy Efficiency and Renewable Energy, Building Technologies 
Program, Forrestal Building, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121.
    Submit by E-mail to: U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Program, 1000 
Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-9127. 
E-mail: [email protected].

Appendix C to Subpart T of Part 431--Certification Report for 
Distribution Transformers

    All information reported in this Certification Report(s) is 
true, accurate, and complete. The company is aware of the penalties 
associated with violations of the Act, the regulations thereunder, 
and is also aware of the provisions contained in 18 U.S.C. 1001, 
which prohibits knowingly making false statements to the Federal 
Government.


[[Page 42219]]


Name of Company Official or Third-Party Representative:

-----------------------------------------------------------------------

Signature of Company Official or Third-Party Representative:
-----------------------------------------------------------------------

Title:-----------------------------------------------------------------

Date:------------------------------------------------------------------

Equipment Type:--------------------------------------------------------

Manufacturer:----------------------------------------------------------

Private Labeler (if applicable):---------------------------------------

Name of Person to Contact for Further Information:---------------------

Address:---------------------------------------------------------------

-----------------------------------------------------------------------

Telephone Number:------------------------------------------------------

Facsimile Number:------------------------------------------------------

    For Existing, New, or Modified Models: \1\
---------------------------------------------------------------------------

    \1\ Provide specific equipment information including for each 
basic model, the product class, the manufacturer's model number(s), 
and the other information required in Sec.  431.371(a)(6)(i).
---------------------------------------------------------------------------

    Prepare tables that will list distribution transformer 
efficiencies. Each table should have a heading that provides the 
name of the manufacturer, as well as the type of transformer (i.e., 
low-voltage dry-type, liquid-immersed, or medium-voltage dry-type) 
and the number of phases for the transformers reported in that 
table. Each table should also have five columns, labeled ``kVA 
rating,'' ``BIL rating'' for medium-voltage units, ``Least efficient 
basic model (model number(s)),'' ``Efficiency (%)'' and ``Test 
rating.'' Each table should have one row for each of the kVA groups 
that are produced by the manufacturer and that are subject to 
minimum efficiency standards. In the ``Test Method Used'' column, 
the manufacturer should report whether the efficiency of the 
reported least efficient basic model in that kVA grouping was 
determined by testing or through the application of an alternative 
efficiency determination method.
    Submit by Certified Mail to: U.S. Department of Energy, Office 
of Energy Efficiency and Renewable Energy, Building Technologies 
Program, Forrestal Building, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121.
    Submit by E-mail to: U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Program, 1000 
Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-9127. 
E-mail: [email protected].

Appendix D to Subpart T of Part 431--Enforcement for Performance 
Standards; Compliance Determination Procedure for Certain Commercial 
Equipment

    The Department will determine compliance as follows:
    (a) After it has determined the sample size, the Department will 
measure the energy performance for each unit in accordance with the 
following table:

------------------------------------------------------------------------
                                                              Number of
                        Sample size                           tests for
                                                              each unit
------------------------------------------------------------------------
4..........................................................            1
3..........................................................            1
2..........................................................            2
1..........................................................            4
------------------------------------------------------------------------

    (b) Compute the mean of the measured energy performance 
(x1) for all tests as follows:
[GRAPHIC] [TIFF OMITTED] TP25JY06.001

Where xi is the measured energy efficiency or consumption 
from test i, and n1 is the total number of tests.

    (c) Compute the standard deviation (s1) of the 
measured energy performance from the n1 tests as follows:
[GRAPHIC] [TIFF OMITTED] TP25JY06.002

    (d) Compute the standard error (Sx1) of 
the measured energy performance from the n1 tests as 
follows:
[GRAPHIC] [TIFF OMITTED] TP25JY06.003

    (e)(1) For an energy efficiency standard, compute the lower 
control limit (LCL1) according to:
[GRAPHIC] [TIFF OMITTED] TP25JY06.004

or
[GRAPHIC] [TIFF OMITTED] TP25JY06.005

    (2) For an energy use standard, compute the upper control limit 
(UCL1) according to:
[GRAPHIC] [TIFF OMITTED] TP25JY06.006

or
[GRAPHIC] [TIFF OMITTED] TP25JY06.007

Where EPS is the energy performance standard and t is a statistic 
based on a 97.5-percent, one-sided confidence limit and a sample 
size of n1.

    (f)(1) Compare the sample mean to the control limit. The basic 
model is in compliance and testing is at an end if, for an energy 
efficiency standard, the sample mean is equal to or greater than the 
lower control limit or, for an energy consumption standard, the 
sample mean is equal to or less than the upper control limit. If, 
for an energy efficiency standard, the sample mean is less than the 
lower control limit or, for an energy consumption standard, the 
sample mean is greater than the upper control limit, compliance has 
not been demonstrated. Unless the manufacturer requests 
manufacturer-option testing and provides the additional units for 
such testing, the basic model is in noncompliance and the testing is 
at an end.
    (2) If the manufacturer does request additional testing, and 
provides the necessary additional units, DOE will test each unit the 
same number of times it tested previous units. DOE will then compute 
a combined sample mean, standard deviation, and standard error as 
described above. (The ``combined sample'' refers to the units DOE 
initially tested plus the additional units DOE has tested at the 
manufacturer's request.) DOE will determine compliance or 
noncompliance from the mean and the new lower or upper control limit 
of the combined sample. If, for an energy efficiency standard, the 
combined sample mean is equal to or greater than the new lower 
control limit or, for an energy consumption standard, the sample 
mean is equal to or less than the upper control limit, the basic 
model is in compliance, and testing is at an end. If the combined 
sample mean does not satisfy one of these two conditions, the basic 
model is in noncompliance and the testing is at an end.

    25. Section 431.408 is added to Subpart V to read as follows:


Sec.  431.408  Preemption of State regulations for covered equipment 
other than electric motors and commercial HVAC and WH products.

    This section concerns State regulations providing for any energy 
conservation standard, or water conservation standard (in the case of 
commercial prerinse spray valves or commercial clothes washers), or 
other requirement with respect to the energy efficiency, energy use, or 
water use (in the case of commercial prerinse spray valves or 
commercial clothes washers), for any covered equipment other than an 
electric motor or commercial HVAC and WH product. Any such regulation 
that contains a standard or requirement that is not identical to a 
Federal standard in effect under this subpart is preempted by that 
standard, except as provided for in sections 327(b) and (c) and 345 
(e), (f) and (g) of the Act.

[FR Doc. 06-6395 Filed 7-24-06; 8:45 am]
BILLING CODE 6450-01-P