[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Rules and Regulations]
[Pages 43952-43980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15474]



[[Page 43951]]

Vol. 87

Friday,

No. 140

July 22, 2022

Part II





 Department of Energy





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10 CFR Part 429





Energy Conservation Program for Appliance Standards: Certification for 
Ceiling Fan Light Kits, General Service Incandescent Lamps, 
Incandescent Reflector Lamps, Ceiling Fans, Consumer Furnaces and 
Boilers, Consumer Water Heaters, Dishwashers, and Commercial Clothes 
Washers, Battery Chargers, and Dedicated-Purpose Pool Pumps; Final Rule

  Federal Register / Vol. 87 , No. 140 / Friday, July 22, 2022 / Rules 
and Regulations  

[[Page 43952]]


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DEPARTMENT OF ENERGY

10 CFR Part 429

[EERE-2012-BT-STD-0045]
RIN 1904-AE90


Energy Conservation Program for Appliance Standards: 
Certification for Ceiling Fan Light Kits, General Service Incandescent 
Lamps, Incandescent Reflector Lamps, Ceiling Fans, Consumer Furnaces 
and Boilers, Consumer Water Heaters, Dishwashers, and Commercial 
Clothes Washers, Battery Chargers, and Dedicated-Purpose Pool Pumps

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

ACTION: Final rule.

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SUMMARY: The U.S. Department of Energy (``DOE'' or the ``Department'') 
is publishing a final rule to amend the certification provisions for 
ceiling fan light kits, general service incandescent lamps, 
incandescent reflector lamps, ceiling fans, consumer furnaces and 
boilers, consumer water heaters, dishwashers, commercial clothes 
washers, battery chargers, and dedicated-purpose pool pumps. DOE is 
amending the certification and reporting provisions for these products 
and equipment to ensure reporting is consistent with currently 
applicable energy conservation standards and to ensure that DOE has the 
information necessary to determine the appropriate classification of 
products for the application of standards.

DATES: The effective date of this rule is August 22, 2022. The final 
rule changes will be mandatory for the annual certification reports 
submitted for products and equipment beginning February 17, 2023. The 
incorporation of certain publications in this rule was approved by the 
Director of the Federal Register on December 17, 2012, and September 6, 
2017.

ADDRESSES: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at www.regulations.gov. All documents in the docket are listed 
in the www.regulations.gov index. However, some documents listed in the 
index, such as those containing information that is exempt from public 
disclosure, may not be publicly available.
    A link to the docket web page can be found at www.regulations.gov/docket/EERE-2012-BT-STD-0045. The docket web page contains instructions 
on how to access all documents, including public comments, in the 
docket.
    For further information on how to review the docket contact the 
Appliance and Equipment Standards Program staff at (202) 287-1445 or by 
email: [email protected].

FOR FURTHER INFORMATION CONTACT: 
    Mr. Lucas Adin, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-2J, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-5904. Email: [email protected].
    Ms. Amelia Whiting, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-2588. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
    1. Ceiling Fan Light Kits
    2. GSILs and IRLs
    3. Ceiling Fans
    4. Consumer Furnaces and Boilers
    5. Grid-Enabled Consumer Water Heaters
    6. Dishwashers
    7. Commercial Clothes Washers
    8. Battery Chargers
    9. Dedicated-Purpose Pool Pumps
II. Synopsis of the Final Rule
III. Discussion
    A. Ceiling Fan Light Kits
    1. Scope of Applicability
    2. Reporting
    3. Reporting Costs and Impacts
    B. GSILs and IRLs
    1. Scope of Applicability
    2. Reporting
    3. Reporting Costs and Impacts
    C. Ceiling Fans
    1. Scope of Applicability
    2. Reporting
    3. Reporting Costs and Impacts
    D. Consumer Furnaces and Boilers
    1. Scope of Applicability
    2. Reporting
    3. Reporting Costs and Impacts
    E. Grid-Enabled Consumer Water Heaters
    1. Scope of Applicability
    2. Reporting
    3. Reporting Costs and Impacts
    F. Dishwashers
    1. Scope of Applicability
    2. Reporting
    3. Reporting Costs and Impacts
    G. Commercial Clothes Washers
    1. Scope of Applicability
    2. Reporting
    3. Reporting Costs and Impacts
    H. Battery Chargers
    1. Scope of Applicability
    2. Reporting
    3. Reporting Costs and Impacts
    I. Dedicated-Purpose Pool Pumps
    1. Scope of Applicability
    2. Reporting
    3. Reporting Costs and Impacts
    J. Revised Certification Templates
    K. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 12866 and 13563
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Materials Incorporated by Reference
    N. Congressional Notification
V. Approval of the Office of the Secretary

I. Authority and Background

A. Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes DOE to regulate the energy efficiency of a number of 
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317, as codified) Title III, Part B \2\ of EPCA, Public Law 94-163, 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, which sets forth a variety of provisions designed to 
improve energy efficiency. Title III, Part C \3\ of EPCA, added by 
Public Law 95-619, Title IV, section 441(a), established the Energy 
Conservation Program for Certain Industrial Equipment. These products 
and equipment include ceiling fan light kits (``CFLKs''), general 
service incandescent lamps (``GSILs''), incandescent reflector lamps 
(``IRLs''), ceiling fans, consumer furnaces and boilers, consumer water 
heaters, dishwashers, commercial clothes washers (``CCWs''), battery 
chargers, and dedicated-purpose pool pumps (``DPPPs''), the subjects of 
this final rule. (42 U.S.C. 6292(a)(4-6) and (14); 42 U.S.C. 6295(u) 
and (ff); 42 U.S.C. 6311(1)(A) and (H))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020), which reflect the last statutory amendments that impact 
Parts A and A-1 of EPCA.
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \3\ For editorial reasons, upon codification in the U.S. Code, 
Part C was re-designated at Part A-1.

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[[Page 43953]]

    The energy conservation program under EPCA consists essentially of 
four parts: (1) testing, (2) labeling, (3) the establishment of Federal 
energy conservation standards, and (4) certification and enforcement 
procedures. Relevant provisions of EPCA specifically include 
definitions (42 U.S.C. 6291; 42 U.S.C. 6311), test procedures (42 
U.S.C. 6293; 42 U.S.C. 6314), labeling provisions (42 U.S.C. 6294; 42 
U.S.C. 6315), energy conservation standards (42 U.S.C. 6295; 42 U.S.C. 
6313), and the authority to require information and reports from 
manufacturers (42 U.S.C. 6296; 42 U.S.C. 6316).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for (1) 
certifying to DOE that their products comply with the applicable energy 
conservation standards adopted under EPCA (42 U.S.C. 6295(s); 42 U.S.C. 
6316(a)), and (2) making other representations about the efficiency of 
those products (42 U.S.C. 6293(c); 42 U.S.C. 6314(d)). Similarly, DOE 
must use these test procedures to determine whether the products comply 
with any relevant standards promulgated under EPCA. (42 U.S.C. 6295(s); 
42 U.S.C. 6316(a))
    EPCA authorizes DOE to enforce compliance with the energy and water 
conservation standards established for covered products and equipment. 
(42 U.S.C. 6299-6305; 42 U.S.C. 6316(a)-(b)) DOE has promulgated 
enforcement regulations that include reporting requirements for covered 
products and equipment including CFLKs, GSILs, IRLs, ceiling fans, 
consumer furnaces and boilers, consumer water heaters, dishwashers, 
CCWs, battery chargers, and DPPPs. See title 10 of the Code of Federal 
Regulations (``CFR'') part 429. The certification regulations ensure 
that DOE has the information it needs to assess whether regulated 
products and equipment sold in the United States comply with the 
statutory and regulatory requirements applicable to each covered 
product and equipment type.

B. Background

    DOE's certification regulations are a mechanism that DOE uses to 
help ensure compliance with its regulations by collecting information 
about the energy and water use characteristics of covered products and 
covered equipment sold in the United States. Manufacturers of all 
covered products and covered equipment must submit a certification 
report before a basic model is distributed in commerce and annually 
thereafter. If a basic model is modified in a manner that increases the 
basic model's energy or water consumption or decreases its efficiency 
such that the certified rating is no longer supported by test data, the 
basic model must be re-rated and certified as a new basic model. 
Additionally, manufacturers must report when production of a basic 
model has ceased and is no longer offered for sale as part of the next 
annual certification report following such cessation. DOE requires the 
manufacturer of any covered product or covered equipment to establish, 
maintain, and retain the records of certification reports, of the 
underlying test data for all certification testing, and of any other 
testing conducted to satisfy the requirements of 10 CFR part 429, 10 
CFR part 430, and/or 10 CFR part 431 until two years after notifying 
DOE that a model has been discontinued. 10 CFR 429.71. Certification 
reports provide DOE and consumers with comprehensive, up-to-date 
efficiency information and support effective enforcement.
    To ensure that all covered products and covered equipment 
distributed in the United States comply with DOE's energy and water 
conservation standards and reporting requirements, DOE has promulgated 
certification, compliance, and enforcement regulations in 10 CFR part 
429. On March 7, 2011, the Department published in the Federal Register 
a final rule regarding certification, compliance, and enforcement for 
consumer products and commercial and industrial equipment, which 
revised, consolidated, and streamlined the Department's existing 
certification, compliance, and enforcement regulations for certain 
consumer products and commercial and industrial equipment covered under 
EPCA. 76 FR 12422.\4\ Since that time, DOE has also completed multiple 
rulemakings regarding certification, compliance, and enforcement for 
specific covered products or equipment. See, for example, the May 5, 
2014, final rule regarding certification of commercial and industrial 
heating, ventilating, air conditioning (``HVAC''), refrigeration, and 
water heating equipment. 79 FR 25486.
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    \4\ DOE subsequently published two correction documents on May 
2, 2011 (to correct a drafting error and erroneous internal cross 
references) and on August 2, 2011 (to correct presentation of a 
formula). 76 FR 24762; 76 FR 46202, respectively.
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    On August 6, 2021, DOE published a notice of proposed rulemaking 
(``NOPR'') that proposed to amend the certification and reporting 
requirements for the products and equipment that are the subjects of 
this final rule to ensure that DOE has the information necessary to 
determine the appropriate classification of products for the 
application of standards. 86 FR 43120 (``August 2021 Certification 
NOPR''). DOE received comments in response to the August 2021 
Certification NOPR from the interested parties listed in Table II.1.

    Table II.1--List of Commenters With Written Submissions in Response to the August 2021 Certification NOPR
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                                       Reference in  this    Document No.
            Commenter(s)                   final rule          in docket               Commenter type
----------------------------------------------------------------------------------------------------------------
The Air-Conditioning, Heating, and   AHRI.................             166  Trade Association.
 Refrigeration Institute.
Air Movement and Control             AMCA.................             159  Trade Association.
 Association International, Inc.
American Lighting Association......  ALA..................             160  Trade Association.
Appliance Standards Awareness        Joint Commenters.....             165  Efficiency Organizations.
 Project, American Council for an
 Energy-Efficient Economy,
 Earthjustice, and Northwest Energy
 Efficiency Alliance.
Association of Home Appliance        AHAM.................             167  Trade Association.
 Manufacturers.
Bradford White Corporation.........  Bradford White.......             163  Manufacturer.
National Electrical Manufacturers    NEMA.................             164  Trade Association.
 Association.
NSF International..................  NSF..................             168  Trade Association.
TIC Council Americas...............  TIC..................             161  Trade Association.
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[[Page 43954]]

    DOE received an additional comment submission unrelated to the 
substance of the August 2021 Certification NOPR that is not addressed 
in this final rule.\5\
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    \5\ See comment from Lisa Halverson, EERE-2012-BT-STD-0045-162.
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    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\6\
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    \6\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to amend 
certification and reporting requirements for the subject products 
and equipment. (Docket No. EERE-2012-BT-STD-0045, which is 
maintained at www.regulations.gov). The references are arranged as 
follows: (commenter name, comment docket ID number, page of that 
document).
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    The following sections provides the relevant background for the 
products and equipment that are subject to this final rule.
1. Ceiling Fan Light Kits
    CFLKs are ``covered products'' for which DOE is authorized to 
establish and amend energy conservation standards and test procedures. 
(42 U.S.C. 6291(50), 42 U.S.C. 6293(b)(16)(A)(ii), 42 U.S.C. 
6295(ff)(2)-(5)) DOE's energy conservation standards for CFLKs are 
currently prescribed at 10 CFR 430.32(s). Test procedures for CFLKs are 
currently prescribed at 10 CFR 430.23; 10 CFR part 430, subpart B, 
appendix V, ``Uniform Test Method for Measuring the Energy Consumption 
of Ceiling Fan Light Kits With Pin-Based Sockets for Fluorescent 
Lamps'' (``appendix V''); and 10 CFR part 430, subpart B, appendix V1, 
``Uniform Test Method for Measuring the Energy Consumption of Ceiling 
Fan Light Kits Packaged With Other Fluorescent Lamps (not Compact 
Fluorescent Lamps or General Service Fluorescent Lamps), Packaged With 
Other SSL Lamps (not Integrated LED Lamps), or With Integrated SSL 
Circuitry'' (``appendix V1''). The sampling requirements for 
determining represented values based on the results of testing of CFLKs 
are found at 10 CFR 429.33(a). The information that must be included in 
certification reports and submitted to DOE for CFLKs is found at 10 CFR 
429.33(b).
    CFLKs manufactured on or after January 1, 2007, and prior to 
January 21, 2020, must be packaged with lamps to fill all sockets, with 
additional standards applicable based on the type of lamp sockets. 10 
CFR 430.32(s)(3)-(5). Lamps packaged with CFLKs with medium screw base 
sockets must meet efficacy standards, while medium screw base compact 
fluorescent lamps (``CFLs'') must additionally meet standards for lumen 
maintenance, rapid cycle stress, and lifetime. 10 CFR 432.32(s)(3). 
CFLKs with pin-based sockets for fluorescent lamps must use an 
electronic ballast and the lamp-ballast platform must meet efficacy 
standards. 10 CFR 432.32(s)(4). CFLKs with other than medium screw base 
or pin-based sockets must not be capable of operating with lamps that 
total more than 190 watts. 10 CFR 432.32(s)(5). The standards at 10 CFR 
430.32(s)(3)-(5) are referred to collectively in this document as the 
``January 1, 2007 standards.''
    On December 24, 2015, DOE published a final rule (``December 2015 
CFLK TP Final Rule'') making two key updates to its CFLK test 
procedure. 80 FR 80209. First, DOE updated the CFLK test procedure to 
require that representations of efficacy, including certifications of 
compliance with CFLK standards, be made according to the corresponding 
DOE lamp test procedures, where they exist (e.g., for a CFLK with 
medium screw base sockets that is packaged with CFLs, the CFLK test 
procedure references the DOE test procedure for CFLs at 10 CFR 
430.23(y)). 80 FR 80209, 80211. Second, DOE updated the CFLK test 
procedure by establishing in a separate appendix, i.e., appendix V1, 
the test procedure for CFLKs packaged with inseparable light sources 
that require luminaire efficacy testing (e.g., CFLKs with integrated 
solid-state lighting (``SSL'') circuitry) and for CFLKs packaged with 
lamps for which DOE test procedures did not exist. Id. at 80 FR 80212. 
With these changes, the December 2015 CFLK TP Final Rule aligned 
requirements for measuring efficacy of lamps and/or light sources in 
CFLKs with current DOE lamp test procedures.
    DOE published a final rule on January 6, 2016, amending energy 
conservation standards (``ECS'') for CFLKs (``January 2016 CFLK ECS 
Final Rule''). 81 FR 580. In that final rule, DOE established amended 
standards based on the efficacy of the lamps (with additional 
requirements for medium base CFLs and pin-based fluorescent lamps) 
packaged with the CFLK, except where the lamps are not designed to be 
consumer replaceable from the CFLK (i.e., integrated SSLs), in which 
case luminaire efficacy is used. 81 FR 580, 632. These amended 
standards apply to CFLKs manufactured on or after January 21, 2020,\7\ 
and are referred to collectively in this document as the ``January 21, 
2020 standards.'' See 10 CFR 430.32(s)(6). Representations regarding 
CFLKs subject to the January 21, 2020 standards must be based on the 
relevant test procedures as amended by the December 2015 CFLK TP Final 
Rule, including appendix V1 for CFLKs packaged with other fluorescent 
lamps (not compact fluorescent lamps or general service fluorescent 
lamps), packaged with other SSL products (not integrated LED lamps), or 
with integrated SSL circuitry. 10 CFR 430.23(x)(2).
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    \7\ After DOE's promulgation of final rules establishing energy 
conservation standards for CFLKs and ceiling fans, Congress enacted 
S. 2030, the ``Ceiling Fan Energy Conservation Harmonization Act'' 
(``the Act''), which was signed into law as Public Law 115-161 on 
April 3, 2018. The Act amended the compliance date for the CFLK 
standards to establish a single compliance date for the energy 
conservation standards for both CFLKs and ceiling fans. On May 16, 
2018, DOE published a final rule that amended the compliance date 
for CFLKs in the relevant sections of the CFR by replacing ``January 
7, 2019'' with ``January 21, 2020.'' 83 FR 22587.
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    Neither the December 2015 CFLK TP Final Rule nor the January 2016 
CFLK ECS Final Rule amended the reporting requirements for CFLKs to 
reflect the updated metrics from the test procedure and amended 
standards. The reporting requirements at 10 CFR 429.33 continue to 
require manufacturers to report based on the January 1, 2007 standards, 
including information that is no longer relevant. This inconsistency 
between the reporting requirements and the January 21, 2020 standards 
may lead to confusion regarding which standards are applicable as well 
as the reporting of unnecessary information. In the August 2021 
Certification NOPR, DOE proposed to update the reporting requirements 
to address the January 21, 2020, standards and remove the reporting 
requirements for the January 1, 2007 standards. 86 FR 43120, 43122.
2. GSILs and IRLs
    GSILs and IRLs are ``covered products'' for which DOE is authorized 
to establish and amend energy conservation standards and test 
procedures. (42 U.S.C. 6292(a)(14)) DOE's existing test procedures for 
general service fluorescent lamps (``GSFLs''), IRLs, and GSILs appear 
at title 10 CFR part 430, subpart B, appendix R, ``Uniform Test Method 
for Measuring Average Lamp Efficacy (``LE''), Color Rendering Index 
(``CRI''), and Correlated Color Temperature (``CCT'') of Electric 
Lamps'' (``appendix R'').
    DOE test procedures for GSFLs, IRLs, and GSILs are codified in 
appendix R and the associated sampling and reporting requirements are 
codified in 10 CFR 429.27. DOE standards for GSFLs, IRLs, and GSILs are 
codified respectively at 10 CFR 430.32(n)(1), (2), (4), (6), and (7) 
and (x).

[[Page 43955]]

    On July 6, 2009, DOE published a final rule amending the test 
procedures for GSFLs, IRLs, and GSILs. 74 FR 31829. These amendments 
consisted largely of: (1) referencing the most current versions of 
several lighting industry test standards incorporated by reference; (2) 
adopting certain technical changes and clarifications; and (3) 
expanding the test procedures to accommodate new classes of lamps to 
which coverage was extended by the Energy Independence and Security Act 
of 2007 (Pub. L. 110-140). 74 FR 31829, 31832-31833. The final rule 
also addressed the then recently established statutory requirement to 
expand test procedures to incorporate a measure of standby mode and off 
mode energy consumption and determined that, because these modes of 
energy consumption were not applicable to the lamps, an expansion of 
the test procedures was not necessary. Id. at 74 FR 31833. Shortly 
thereafter, DOE again amended the test procedures to adopt reference 
ballast settings necessary for the additional GSFLs for which DOE was 
establishing standards. 74 FR 34080, 34096 (July 14, 2009).
    DOE most recently amended the test procedures for GSFLs and GSILs 
in a final rule published on January 27, 2012. 77 FR 4203. DOE updated 
several references to the industry test standards referenced in DOE's 
test procedures and established a lamp lifetime test method for GSILs. 
77 FR 4203, 4205-4208. In that final rule, DOE determined amendments to 
the existing test procedure for IRLs were not necessary. Id. at 77 FR 
4208.
    On June 3, 2021, DOE published a NOPR that proposed amendments to 
the test procedures for GSFL, IRLs, and GSILs. 86 FR 29888 (``June 2021 
Lighting TP NOPR''). In the June 2021 Lighting TP NOPR, DOE proposed to 
update to the latest versions of the referenced industry test 
standards; clarify definitions, test conditions and methods; clarify 
test frequency and inclusion of cathode power in measurements for 
GSFLs; provide a test method for measuring the CRI of GSILs and IRLs 
and for measuring lifetime of IRLs; allow manufacturers to make 
voluntary (optional) representations of GSFLs at high frequency 
settings; and align sampling and certification reporting requirements 
with proposed test procedure terminology and with the Federal Trade 
Commission's labeling program. 86 FR 29888, 29891-29892.
    On May 9, 2022, DOE published a final rule amending the definitions 
of GSIL and general service lamp (``GSL'') by bringing certain 
categories of lamps that had been excluded by statute from the 
definition of GSIL within the definitions of GSIL and GSL. The rule 
also expanded the definition of GSL to include IRLs. 87 FR 27461 (``May 
2022 Definition Final Rule''). On May 9, 2022, DOE also published a 
final rule implementing a statutory backstop requirement applicable to 
GSLs, which prohibits the sale of any GSL that is less than 45 lumens 
per watt (lm/W). 87 FR 27439.
    In the August 2021 Certification NOPR, DOE proposed to revise the 
reporting requirements to reflect the current energy conservation 
standards for GSILs and IRLs and include other characteristics in the 
certification report needed to determine the applicable product 
classes. 86 FR 43120, 43123.
3. Ceiling Fans
    Ceiling fans are ``covered products'' for which DOE is authorized 
to establish and amend energy conservation standards and test 
procedures. (42 U.S.C. 6291(49), 42 U.S.C. 6293(b)(16)(A)(i) and (B), 
42 U.S.C. 6295(ff)(1) and (6)(C)) DOE's existing test procedure for 
ceiling fans appears at 10 CFR 430.23 and appendix U of 10 CFR part 430 
subpart B, ``Uniform Test Method for Measuring the Energy Consumption 
of Ceiling Fans'' (``appendix U''). Sampling and reporting requirements 
for ceiling fans are set forth at 10 CFR 429.32. DOE's existing energy 
conservation standards for ceiling fans are located in 10 CFR 
430.32(s).
    On July 25, 2016, DOE published a final rule that amended the test 
procedures for ceiling fans at appendix U. 81 FR 48620 (``July 2016 
Ceiling Fan TP Final Rule''). On January 19, 2017, DOE established 
energy conservation standards for ceiling fans, expressed as the 
minimum allowable efficiency in terms of cubic feet per minute per watt 
(``CFM/W''), as a function of ceiling fan diameter in inches. These 
standards are applicable to all ceiling fans manufactured in, or 
imported into, the United States on and after January 21, 2020. 82 FR 
6826, 6827 (``January 2017 Ceiling Fan ECS Final Rule'').
    On December 27, 2020, the Energy Act of 2020 (Pub. L. 116-260) was 
signed into law, which, among other things, amended performance 
standards for large-diameter ceiling fans (``LDCFs'').\8\ (42 U.S.C. 
6295(ff)(6)(C)(i)(I), as codified) Specifically, section 1008 of the 
Energy Act of 2020 amended section 325(ff)(6) of EPCA to specify that 
LDCFs manufactured on or after January 21, 2020, are not required to 
meet minimum ceiling fan efficiency requirements in terms of the ratio 
of the total airflow to the total power consumption (i.e., CFM/W) as 
established in the January 2017 Ceiling Fan ECS Final Rule. (42 U.S.C. 
6295(ff)(6)(C)(i)(I), as codified) Instead, LDCFs are required to meet 
specified minimum efficiency requirements based on the Ceiling Fan 
Energy Index (``CFEI'') metric, with one standard based on operation of 
the fan at high speed and a second standard based on operation of the 
fan at 40 percent speed or the nearest speed that is not less than 40 
percent speed. (42 U.S.C. 6295(ff)(6)(C)(i)(II), as codified)
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    \8\ A ``large-diameter ceiling fan'' is a ceiling fan that is 
greater than seven feet in diameter. 10 CFR part 430, subpart B, 
appendix U, section 1.11.
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    On May 27, 2021, DOE published a final rule to amend the current 
regulations for LDCFs, corresponding to the provisions in the Energy 
Act of 2020. 86 FR 28469 (``May 2021 Technical Amendment''). The May 
2021 Technical Amendment also implemented conforming amendments to the 
ceiling fan test procedure to ensure consistency with the Energy Act of 
2020.
    In the August 2021 Certification NOPR, DOE proposed to amend the 
ceiling fan reporting requirements to reflect the amended energy 
conservation standards adopted in the January 2017 Ceiling Fan ECS 
final rule and to amend the updated performance standards for LDCFs as 
established in the Energy Act of 2020. 86 FR 43120, 43123.
4. Consumer Furnaces and Boilers
    Consumer furnaces and boilers are included in the list of ``covered 
products'' for which DOE is authorized to establish and amend energy 
conservation standards and test procedures.\9\ (42 U.S.C. 6292(a)(5)) 
DOE's energy conservation standards for consumer furnaces and boilers 
are currently prescribed at 10 CFR 430.32(e). Test procedures for 
consumer furnaces and boilers are currently specified in 10 CFR part 
430, subpart B, appendix N, ``Uniform Test Method for Measuring the 
Energy Consumption of Furnaces and Boilers'' (``appendix N''). 
Reporting requirements for consumer furnaces and boilers are set forth 
in 10 CFR 429.18.
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    \9\ The list of covered products includes ``furnaces;'' however, 
EPCA defines a ``furnace,'' in relevant part, as ``an electric 
central furnace, electric boiler, forced-air central furnace, 
gravity central furnace, or low-pressure steam or hot water 
boiler.'' (42 U.S.C. 6291(23)(C))
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    The DOE test procedure for consumer furnaces and boilers at 
appendix N is used to determine the annual fuel utilization efficiency 
(``AFUE''), which, for gas-fired and oil-fired furnaces and

[[Page 43956]]

boilers accounts for fossil fuel consumption in active mode but does 
not include active mode electrical energy consumption. For gas-fired 
and oil-fired furnaces and boilers, AFUE accounts for fossil fuel 
consumption in standby mode and off mode, but AFUE does not account for 
standby mode and off mode electrical consumption. For electric furnaces 
and boilers, AFUE accounts for electrical energy consumption in active 
mode but does not account for standby mode and off mode electrical 
consumption. Appendix N includes separate provisions to determine the 
electrical energy consumption in standby mode (``PW,SB'') 
and off mode (``PW,OFF'') in watts for gas-fired, oil-fired, 
and electric furnaces and boilers.
    On December 19, 2007, the Energy Independence and Security Act of 
2007 (``EISA 2007''), Public Law 110-140, was signed into law. EISA 
2007 amended EPCA so as to revise the AFUE requirements and establish 
design requirements for most consumer boiler product classes, and 
required compliance with the amended standards beginning on September 
1, 2012. (42 U.S.C. 6295(f)(3)) For gas-fired hot water boilers, oil-
fired hot water boilers, and electric hot water boilers, EISA 2007 
requires that residential boilers have an automatic means for adjusting 
water temperature.\10\ EISA 2007 also disallowed the use of constant-
burning pilot lights in gas-fired hot water boilers and gas-fired steam 
boilers. EISA 2007 provided an exception for boilers that operate 
without any need for electricity or any electric connection, electric 
gauges, electric pumps, electric wires, or electric devices; those 
boilers were not required to meet the requirements outlined in EISA 
2007 for other consumer boilers that require an electrical connection. 
(42 U.S.C. 6295(f)(3)(A)-(C)) The complete energy conservation 
standards and design requirements applicable to consumer furnaces and 
boilers, including those enacted in EISA 2007 and separately by DOE 
through final rules, are located at 10 CFR 430.32(e)(2)(ii)-(v). DOE 
published a final rule technical amendment in the Federal Register on 
July 28, 2008 (``July 2008 Technical Amendment''), to codify the energy 
conservation standard levels, design requirements, and compliance dates 
for residential boilers outlined in EISA 2007. 73 FR 43611.
---------------------------------------------------------------------------

    \10\ The automatic means for adjusting water temperature must 
ensure that an incremental change in the inferred heat load produces 
a corresponding incremental change in the temperature of the water 
supplied by the boiler.
---------------------------------------------------------------------------

    On October 20, 2010, DOE published a final rule in the Federal 
Register amending its test procedure for consumer furnaces and boilers 
to establish a method for measuring the electrical energy use in 
standby mode and off mode for gas-fired and oil-fired boilers in 
satisfaction of 42 U.S.C. 6295(gg)(2)(A), which requires that test 
procedures for all covered products account for standby mode and off 
mode energy consumption. 75 FR 64621. DOE most recently updated its 
test procedure for consumer furnaces and boilers in a final rule 
published in the Federal Register on January 15, 2016 (``January 2016 
Furnaces and Boilers TP Final Rule''). 81 FR 2628. The January 2016 
Furnaces and Boilers TP Final Rule amended the existing DOE test 
procedure for consumer furnaces and boilers through a number of 
modifications designed to improve the consistency and accuracy of test 
results generated using the DOE test procedure and to reduce test 
burden. 81 FR 2628, 2629-2630.
    On June 27, 2011, DOE published a direct final rule (``DFR'') in 
the Federal Register revising the energy conservation standards for 
consumer furnaces (as well as consumer central air conditioners and 
heat pumps) (``June 2011 Multi-Product ECS DFR''). 76 FR 37408. The 
June 2011 Multi-Product ECS DFR amended the existing energy 
conservation standards for non-weatherized gas furnaces, mobile home 
gas furnaces, and non-weatherized oil furnaces, and amended the 
compliance date (but left the existing standards in place) for 
weatherized gas furnaces. The June 2011 Multi-Product ECS DFR also 
established electrical standby mode and off mode standards for non-
weatherized gas furnaces, mobile home gas furnaces, non-weatherized oil 
furnaces, mobile home oil furnaces, and electric furnaces. DOE 
confirmed the standards and compliance dates promulgated in the June 
2011 Multi-Product ECS DFR in a notice of effective date and compliance 
dates published in the Federal Register on October 31, 2011. 76 FR 
67037.\11\
---------------------------------------------------------------------------

    \11\ Following DOE's adoption of the June 2011 Multi-Product ECS 
DFR, the American Public Gas Association (``APGA'') filed a petition 
for review with the United States Court of Appeals for the District 
of Columbia Circuit (``D.C. Circuit'') to invalidate the DOE rule as 
it pertained to non-weatherized natural gas furnaces and mobile home 
gas furnaces. Petition for Review, American Public Gas Association, 
et al. v. Department of Energy, et al., No. 11-1485 (D.C. Cir. filed 
Dec. 23, 2011). On April 24, 2014, the D.C. Circuit granted a motion 
that approved a settlement agreement that was reached between DOE, 
APGA, and the various intervenors in the case, in which DOE agreed 
to a remand of the non-weatherized gas furnace and mobile home gas 
furnace portions of the June 2011 Multi-Product ECS DFR in order to 
conduct further notice-and-comment rulemaking. Accordingly, the D.C. 
Circuit's order vacated the June 2011 Multi-Product ECS DFR in part 
(i.e., those portions relating to non-weatherized gas furnaces and 
mobile home gas furnaces) and remanded to the agency for further 
rulemaking. The energy conservation standards in the June 2011 
Multi-Product ECS DFR for the other consumer furnace product classes 
(as well as central air conditioners and heat pumps) were left in 
place.
---------------------------------------------------------------------------

    DOE completed the most recent rulemaking cycle to amend the 
standards for consumer boilers by publishing a final rule in the 
Federal Register on January 15, 2016 (``January 2016 Boilers ECS Final 
Rule), as required under 42 U.S.C. 6295(f)(4)(C). 81 FR 2320. The 
January 2016 Boilers ECS Final Rule adopted new standby mode and off 
mode standards for consumer boilers in terms of PW,SB and 
PW,OFF in addition to amended AFUE energy conservation 
standards. Compliance with the new and amended standards for consumer 
boilers was required beginning January 15, 2021. 81 FR 2320, 2321.
    In the August 2021 Certification NOPR, DOE proposed to require 
certification and reporting of standby mode and off mode energy 
consumption for certain product classes, consistent with the energy 
conservation standards for standby mode and off mode energy consumption 
adopted in the June 2011 Multi-Product ECS DFR and the January 2016 
Boilers ECS Final Rule. 86 FR 43120, 43124. DOE also proposed to 
require certification of the type of ignition system for all gas-fired 
consumer boilers consistent with the prescriptive design requirement 
set forth in EISA 2007 and subsequently codified by DOE in the July 
2008 Technical Amendment, which applies to all gas-fired consumer 
boilers. Id.
5. Grid-Enabled Consumer Water Heaters
    Consumer water heaters are included in the list of ``covered 
products'' for which DOE is authorized to establish and amend energy 
conservation standards and test procedures. (42 U.S.C. 6292(a)(4)) 
DOE's energy conservation standards and test procedures for consumer 
water heaters are currently prescribed at 10 CFR 430.32(d) and 10 CFR 
part 430, subpart B, appendix E, respectively.
    The Energy Efficiency Improvement Act of 2015 (``EEIA 2015''), 
Public Law 114-11, was enacted on April 30, 2015. EEIA 2015 amended 
EPCA, in relevant part, by adding definitions for ``grid-enabled water 
heater'' and ``activation lock'' at 42 U.S.C. 6295(e)(6)(A). These 
products are intended for use as part of an electric thermal storage or 
demand response program. Among the criteria

[[Page 43957]]

that define a ``grid-enabled water heater'' is an energy-related 
performance standard that is either an energy factor (``EF'') specified 
by a formula set forth in the statute, or an equivalent alternative 
standard that DOE may prescribe. (42 U.S.C. 6295(e)(6)(A)(ii)(III)(aa) 
and (bb)) In addition, the EEIA 2015 amendments to EPCA also directed 
DOE to require reporting on shipments and activations of grid-enabled 
water heaters and to establish procedures, if appropriate, to prevent 
product diversion for non-program purposes, and to publish related 
results. (42 U.S.C. 6295(e)(6)(C)-(D)) EEIA 2015 also required DOE to 
treat shipment data reported by manufacturers as confidential business 
information. (42 U.S.C. 6295(e)(6)(C)(iii)) On August 11, 2015, DOE 
published a final rule in the Federal Register (``August 2015 Water 
Heater ECS Final Rule'') that added definitions for ``grid-enabled 
water heater'' and ``activation lock'' to 10 CFR 430.2 and energy 
conservation standards for grid-enabled water heaters to 10 CFR 
430.32(d). 80 FR 48004, 48009-48010. The August 2015 Water Heater ECS 
Final Rule did not establish provisions to require the reporting of 
shipments by manufacturers.
    In the August 2021 Certification NOPR, DOE proposed to require each 
manufacturer to report annual shipments of their grid-enabled water 
heaters and to treat the annual shipments of grid-enabled water heaters 
as confidential business information. 86 FR 43120, 43125.
6. Dishwashers
    Dishwashers are included in the list of ``covered products'' for 
which DOE is authorized to establish and amend test procedures and 
energy conservation standards. (42 U.S.C. 6292(a)(6)) DOE's test 
procedures for dishwashers are currently prescribed at 10 CFR 430.23(c) 
and appendix C1 to subpart B of 10 CFR part 430 (``appendix C1''). 
DOE's energy conservation standards for dishwashers are currently 
prescribed at 10 CFR 430.32(f).
    DOE most recently amended its dishwasher test procedures in a final 
rule published October 31, 2012, which established appendix C1. 77 FR 
65942, 65947. Appendix C1 is currently required to demonstrate 
compliance with the energy conservation standards prescribed at 10 CFR 
430.32(f). The current version of the DOE test procedure includes 
provisions for determining estimated annual energy use and per-cycle 
water consumption, among other metrics. 10 CFR 430.23(c).
    In the August 2021 Certification NOPR, DOE proposed adding a 
certification reporting requirement to ensure that any assessment or 
enforcement testing pursuant to 10 CFR 429.104 and 10 CFR 429.110, 
respectively, would be performed using the same detergent used by the 
manufacturer for certifying compliance with the energy conservation 
standards. 86 FR 43120, 43125.
7. Commercial Clothes Washers
    CCWs are included in the list of ``covered equipment'' for which 
DOE is authorized to establish and amend energy conservation standards 
and test procedures. (42 U.S.C. 6311(1)(H)) EPCA requires the test 
procedures for CCWs to be the same as those established for consumer 
(residential) clothes washers (``RCWs''). (42 U.S.C. 6314(a)(8)) DOE's 
test procedures for CCWs are currently prescribed at 10 CFR 431.154 and 
reference DOE's test procedure for RCWs currently prescribed at 
appendix J2 to subpart B of 10 CFR part 430 (``appendix J2'').\12\ 
DOE's energy conservation standards for CCWs are prescribed at 10 CFR 
431.156(b).
---------------------------------------------------------------------------

    \12\ The test procedures for CCWs prescribed at 10 CFR 431.154 
also reference appendix J1 to subpart B of 10 CFR part 430 
(``appendix J1''). For CCWs, appendix J1 is required to demonstrate 
compliance with energy conservation standards applicable to CCWs 
manufactured before January 1, 2018. Any representations of 
compliance with the standards applicable to CCWs manufactured on or 
after January 1, 2018 must be based upon results generated using 
appendix J2.
---------------------------------------------------------------------------

    DOE amended its CCW test procedures in a final rule published 
December 3, 2014. 79 FR 71624 (``December 2014 CCW TP Final Rule''). 
The December 2014 CCW TP Final Rule amended 10 CFR 431.152 to provide 
definitions for integrated water factor (``IWF'') and modified energy 
factor value calculated using appendix J2 (``MEFJ2'')--the 
metrics on which the current energy conservation standards are based--
among other minor changes.
    DOE further amended its test procedures for both RCWs and CCWs in a 
final rule published June 1, 2022 (``June 2022 RCW/CCW TP Final 
Rule''). 87 FR 33316. The June 2022 RCW/CCW TP Final Rule amended 
appendix J2 to further specify test conditions, instrument 
specifications, and test settings; address large clothes container 
capacities; add product-specific enforcement provisions; delete 
obsolete provisions; and consolidate all test cloth-related provisions 
and codify additional test cloth material verification procedures used 
by industry. 87 FR 33316, 33319. The June 2022 RCW/CCW TP Final Rule 
also established a new test procedure at appendix J to subpart B of 10 
CFR part 430 (``appendix J''), which includes changes to the test 
cycles and load sizes required for testing as well as updates to 
certain test conditions and usage factors, among other changes. Id. The 
June 2022 RCW/CCW TP Final Rule also establishes new energy and water 
performance metrics, to be measured using the new appendix J, which are 
based on clothing load size rather than clothes container capacity: 
active-mode energy efficiency ratio (``AEER''), energy efficiency ratio 
(``EER''), and water efficiency ratio (``WER''). Id. The new test 
procedure will be used for the evaluation and issuance of updated 
efficiency standards for both RCWs and CCWs, as well as to determine 
compliance with the updated standards, should such standards be 
established.
    In a final rule published on December 15, 2014, DOE amended the 
energy conservation standards and water standards for CCWs. 79 FR 74492 
(``December 2014 CCW ECS Final Rule''). Compliance with the standards 
established in the December 2014 CCW ECS Final Rule was required 
beginning January 1, 2018. 79 FR 74492, 74493.
    In the August 2021 Certification NOPR, DOE proposed to require 
reporting model characteristics used for determining applicable 
standards and for conducting product-specific enforcement provisions 
for clothes washers (which includes CCWs), and to specify rounding 
instructions for each newly reported value. 86 FR 43120, 43125.
8. Battery Chargers
    Battery chargers are ``covered products'' for which DOE is 
authorized to establish and amend energy conservation standards and 
test procedures. (42 U.S.C. 6295(u)) DOE's energy conservation 
standards for battery chargers are currently prescribed at 10 CFR 
430.32(z). The test procedures for battery chargers are currently 
prescribed at 10 CFR part 430, subpart B, appendix Y, ``Uniform Test 
Method for Measuring the Energy Consumption of Battery Chargers'' 
(``appendix Y''). The sampling and reporting requirements for battery 
chargers are set forth in 10 CFR 429.39.
    On May 20, 2016, DOE published a final rule that established the 
test procedure for battery chargers at appendix Y. 81 FR 31827. In that 
final rule, DOE updated the battery selection criteria for multi-
voltage, multi-capacity battery chargers; harmonized the 
instrumentation resolution and uncertainty requirements with the second 
edition of the International

[[Page 43958]]

Electrotechnical Commission (``IEC''') 62301 standard for measuring 
standby power; defined and excluded back-up battery chargers from the 
testing requirements; outlined provisions for conditioning lead acid 
batteries; specified sampling and certification requirements; and 
corrected typographical errors in the current test procedure. 81 FR 
31827, 31828-31829.
    On June 13, 2016, DOE established the current energy conservation 
standards for battery chargers, expressed as the maximum allowable unit 
energy consumption (``kWh/yr'') as a function of battery energy and 
voltage. 81 FR 38266.
    Consistent with these prior regulatory amendments affecting battery 
chargers, DOE proposed to establish an annual filing date by which 
manufacturers would be required to submit the required certification 
information to DOE in the August 2021 Certification NOPR. 86 FR 43120, 
43125-43126.
9. Dedicated-Purpose Pool Pumps
    DPPPs are a subset of pumps, which are included in the list of 
``covered equipment'' for which DOE is authorized to establish and 
amend energy conservation standards and test procedures. (42 U.S.C. 
6311(1)(A)) DOE's test procedures for DPPPs are currently prescribed at 
10 CFR 431.464(b) and DOE's energy conservation standards for DPPPs are 
prescribed at 10 CFR 431.465(f)-(h). The certification and reporting 
requirements for DPPPs are set forth in 10 CFR 429.59(b)(2)(iv) and (v) 
and (b)(3)(iv).
    DOE's test procedure for determining DPPP energy efficiency was 
established in a final rule published on August 7, 2017. 82 FR 36858 
(``August 2017 DPPP TP Final Rule''). The test procedure reflects the 
consensus of the Appliance Standards Rulemaking Federal Advisory 
Committee (``ASRAC'') negotiated rulemaking working group for DPPPs. 
(Docket No. EERE-2015-BT-STD-0008, Nos. 51 and 82) The August 2017 DPPP 
TP Final Rule also included certification and enforcement provisions 
for DPPPs. 82 FR 36858, 36907-36913.
    In the August 2021 Certification NOPR, DOE proposed to clarify the 
certification reporting requirements for DPPPs in 10 CFR 
429.59(b)(2)(iv) and (b)(3)(iv), in order to resolve potential 
confusion as to the scope of these provisions. 86 FR 43120, 43126.

II. Synopsis of the Final Rule

    In this final rule, DOE is updating the certification reporting 
requirements as follows:
    (1) Align the CFLK certification reporting requirements at 10 CFR 
429.33 with the CFLK energy conservation standards relating to: (a) 
efficacy for light sources in CFLKs; (b) lumen maintenance, lifetime, 
and rapid cycle stress testing for medium screw base CFLs in CFLKs; (c) 
electronic ballasts for pin-based fluorescent lamps in CFLKs; (d) test 
sample size; and (e) kind of lamp.
    (2) Include rated voltage and lamp diameter for IRLs and initial 
lumen output for GSILs in certification reports to determine applicable 
energy conservation standards under the GSIL and IRL certification 
reporting requirements at 10 CFR 429.27. Additionally, for IRLs, 
include CRI in certification reports.
    (3) Align the ceiling fan certification reporting requirements at 
10 CFR 429.32 with existing energy conservation standards established 
in the January 2017 Ceiling Fan ECS Final Rule and the Energy Act of 
2020. Additionally, specify rounding requirements for CFM/W and CFEI. 
Also, add a reporting requirement for standby power consumption for 
small-diameter ceiling fans.
    (4) Align the consumer furnace and boiler certification reporting 
requirements at 10 CFR 429.18 with the existing energy conservation 
standards by requiring reporting of standby mode and off mode energy 
consumption for classes with existing standby mode and off mode energy 
conservation standards, and specify explicitly that the requirement for 
certifying the type of ignition system applies to all gas-fired 
boilers.
    (5) Add certification provisions at 10 CFR 429.17 to require water 
heater manufacturers to report the number of annual shipments of grid-
enabled water heaters.
    (6) Add certification provisions at 10 CFR 429.19 to require 
dishwasher manufacturers to indicate use of a new detergent formulation 
that replaces the detergent formulation currently specified, which has 
been discontinued.
    (7) Add certification provisions at 10 CFR 429.46 to require CCW 
manufacturers to report model characteristics used for determining 
applicable standards and for conducting product-specific enforcement 
provisions; and specify rounding instructions for these reported 
values.
    (8) Establish an annual filing date in 10 CFR 429.12, by which 
manufacturers of battery chargers are required to submit the required 
certification information to DOE.
    (9) Clarify the certification reporting requirements in 10 CFR 
429.59 for DPPPs.
    The adopted amendments are summarized in Table II.2 and compared to 
the reporting requirements prior to the amendment, and the reason for 
the adopted change is included as well.

    Table II.2--Summary of Changes to Certification Reporting Requirements Relative to Current Certification
                                             Reporting Requirements
----------------------------------------------------------------------------------------------------------------
 Current DOE certification  reporting
             requirements                Amended certification reporting requirements          Attribution
----------------------------------------------------------------------------------------------------------------
For CFLKs, no reporting requirement     Add reporting requirement to 10 CFR             Required to verify
 for efficacy for a lamp and             429.33(b)(2)(ii)(A) for efficacy in lumens      whether the information
 integrated SSL circuitry.               per watt (lm/W) and for lumen output in         provided is consistent
                                         lumens (to determine the minimum efficacy       with the certifier's
                                         standard) for a lamp and integrated SSL         statement of compliance
                                         circuitry in a CFLK.                            with January 21, 2020,
                                                                                         energy conservation
                                                                                         standards.
For CFLKs, no reporting requirements    Add reporting requirements to 10 CFR            Required to verify
 for lumen maintenance at 1,000 hours,   429.33(b)(2)(ii)(B) to specify the lumen        whether the information
 lumen maintenance at 40 percent of      maintenance at 1,000 hours in percent, lumen    provided is consistent
 lifetime, the results of rapid cycle    maintenance at 40 percent of lifetime in        with the certifier's
 stress testing, and lifetime for        percent, number of units passing rapid cycle    statement of compliance
 medium screw base CFLs.                 stress testing, and the lifetime in hours for   with January 21, 2020,
                                         medium screw base CFLs in a CFLK.               energy conservation
                                                                                         standards.
For CFLKs, no reporting requirement     Add reporting requirement to 10 CFR             Required to verify
 specifying that a CFLK with pin-based   429.33(b)(3)(ii)(C) to provide a declaration    whether the information
 sockets for fluorescent lamps have an   that CFLKs with pin-based sockets for           provided is consistent
 electronic ballast.                     fluorescent lamps have an electronic ballast.   with the certifier's
                                                                                         statement of compliance
                                                                                         with January 21, 2020,
                                                                                         energy conservation
                                                                                         standards.
For CFLKs, no reporting requirement     Add reporting requirement to 10 CFR             Required to verify
 specifying that a CFLK is packaged      429.33(b)(3)(ii)(A) to provide a declaration    whether the information
 with lamps to fill all sockets.         that CFLKs are packaged with lamps to fill      provided is consistent
                                         all sockets.                                    with the certifier's
                                                                                         statement of compliance
                                                                                         with January 21, 2020,
                                                                                         energy conservation
                                                                                         standards.

[[Page 43959]]

 
For CFLKs, no reporting requirement     Add requirement to 10 CFR 429.33(b)(3)(ii)(B)   Required to verify
 for lab accreditation.                  for declaration that lamps packaged with        whether the information
                                         CFLKs were tested by an International           provided is consistent
                                         Laboratory Accreditation Cooperation            with the certifier's
                                         (``ILAC'') accredited laboratory as required    statement of compliance
                                         under 10 CFR 430.25.                            with laboratory
                                                                                         accreditation
                                                                                         requirements in 10 CFR
                                                                                         430.25.
For CFLKs, no reporting requirement     Add a reporting requirement to 10 CFR           Required to verify
 for test sample size or kind of lamp    429.33(b)(2)(ii)(A) to provide the test         whether the information
 for basic model of lamp.                sample size and kind of lamp for each basic     provided is consistent
                                         model of lamp in the CFLK.                      with the certifier's
                                                                                         statement of compliance
                                                                                         with sampling
                                                                                         requirements in 10 CFR
                                                                                         429.12(b).
For GSILs and IRLs, no reporting        Add reporting requirements for rated voltage,   Required to verify
 requirement for all metrics that aid    lamp diameter, and CRI for IRLs to 10 CFR       whether the information
 in ensuring compliance.                 429.27(b)(2)(ii) and initial lumen output for   provided is consistent
                                         GSILs to 10 CFR 429.27(b)(2)(iii).              with the certifier's
                                                                                         statement of compliance
                                                                                         with existing standards
                                                                                         or product class
                                                                                         characterizations.
For ceiling fans, reporting             Add reporting requirements to 10 CFR            Required to verify
 requirement includes number of speeds   429.32(b)(2) and (3) for small diameter         whether the information
 and design requirement declaration.     ceiling fans to include blade span, ceiling     provided is consistent
                                         fan efficiency in CFM/W, declarations           with the certifier's
                                         regarding multi-head fans along with            statement of compliance
                                         additional product-specific information for     with January 21, 2020,
                                         small-diameter ceiling fans: standby power,     energy conservation
                                         blade edge thickness, airflow (CFM) at high     standards.
                                         speed, blade RPM at high speed, and the
                                         distance between the ceiling and the lowest
                                         point on the fan blades (in both hugger and
                                         standard configurations for multi-mount
                                         fans).
For ceiling fans, reporting             Add reporting requirements for LDCF to 10 CFR   Required to verify
 requirement includes number of speeds   429.32(b)(2)(iii) to include CFEI for high      whether the information
 and design requirement declaration.     speed and 40 percent speed or the nearest       provided is consistent
                                         speed that is not less than 40 percent speed.   with the certifier's
                                                                                         statement of compliance
                                                                                         with January 21, 2020,
                                                                                         energy conservation
                                                                                         standards.
For ceiling fans, no rounding           Amend 10 CFR 429.32 to specify that             Required to verify
 requirements for the small diameter     represented values of efficiency must be        whether the information
 or large diameter ceiling fan           rounded to the nearest whole number for small   provided is consistent
 efficiencies.                           diameter ceiling fans in terms of CFM/W and     with the certifier's
                                         to the nearest hundredth for LDCF in terms of   statement of compliance
                                         CFEI.                                           with January 21, 2020,
                                                                                         energy conservation
                                                                                         standards.
For consumer boilers, non-weatherized   Add reporting requirement to 10 CFR             Required to verify
 oil-fired furnaces (including mobile    429.18(b)(2)(ii) for standby mode and off       whether the information
 home furnaces) and electric furnaces,   mode energy consumption of consumer boilers,    provided is consistent
 no reporting requirement for standby    non-weatherized oil-fired furnaces (including   with the certifier's
 mode and off mode energy consumption.   mobile home furnaces), and electric furnaces.   statement of compliance
                                                                                         with May 1, 2013,
                                                                                         energy conservation
                                                                                         standards for non-
                                                                                         weatherized oil-fired
                                                                                         furnaces (including
                                                                                         mobile home furnaces)
                                                                                         and electric furnaces,
                                                                                         and the January 15,
                                                                                         2021, energy
                                                                                         conservation standards
                                                                                         for consumer boilers.
For gas-fired boilers, reporting        Removal of reporting requirement for type of    Required to verify
 requirement to certify type of          ignition and addition of reporting              whether the information
 ignition system applies only to cast    requirement to 10 CFR 429.18(b)(3)(ii) for      provided is consistent
 iron sectional gas-fired boilers.       declaration that the manufacturer has not       with the certifier's
                                         incorporated a constant burning pilot to        statement of compliance
                                         apply to all gas-fired boilers.                 with September 1, 2012,
                                                                                         energy conservation
                                                                                         standards.
For hot water boilers, reporting        Removal of declaration that the manufacturer    Required to verify
 requirement for declaration that the    has incorporated the applicable design          whether the information
 manufacturer has incorporated the       requirements and addition of reporting          provided is consistent
 applicable design requirements          requirement to 10 CFR 429.18(b)(3)(iii) for     with the certifier's
 overlaps with new declaration that      whether the boiler is equipped with tankless    statement of compliance
 the manufacturer has not incorporated   domestic water heating coils (and if not, a     with September 1, 2012,
 a constant burning pilot.               declaration that the manufacturer has           energy conservation
                                         incorporated an automatic means for adjusting   standards.
                                         water temperature) to apply to all hot water
                                         boilers.
For grid-enabled water heaters, no      Require manufacturers to submit annual          Required by EPCA under
 requirement for manufacturers to        shipment data for grid-enabled water heaters    42 U.S.C.
 submit annual shipment data.            at 10 CFR 429.17(c).                            6295(e)(6)(C)(i).
For testing dishwashers, no reporting   Require manufacturers to report use of the new  Required to ensure that
 requirement for certification based     detergent formulation that replaces the         any assessment or
 on testing with an alternate            detergent formulation currently specified at    enforcement testing
 detergent in place of the one           10 CFR 429.19(b)(3)(vi).                        would be performed
 currently specified for use, which                                                      using the same
 has been discontinued.                                                                  detergent used by the
                                                                                         manufacturer for
                                                                                         certifying compliance
                                                                                         with the energy
                                                                                         conservation standards.
For CCWs, no requirement for reporting  Add reporting requirements to 10 CFR            Required to verify
 of clothes container capacity,          429.46(b)(2)(iii)-(v) for clothing container    whether the information
 loading axis, or remaining moisture     capacity, type of loading (top-loading or       provided is consistent
 content value.                          front-loading), and remaining moisture          with the certifier's
                                         content, including applicable rounding          statement of compliance
                                         instructions for these reported values at 10    with January 1, 2018,
                                         CFR 429.46(c).                                  energy conservation
                                                                                         standards and to
                                                                                         conduct product-
                                                                                         specific enforcement
                                                                                         provisions.
For battery chargers, reporting         Establish an annual filing date of September 1  Required to ensure
 requirements are included in 10 CFR     at 10 CFR 429.12(d), by which manufacturers     certification
 429.39, but no annual filing date is    would be required to submit required            information is current
 specified in 10 CFR 429.12.             reporting information to DOE.                   on an annual basis,
                                                                                         consistent with the
                                                                                         requirements for other
                                                                                         covered products and
                                                                                         equipment.
For DPPPs, includes certification       State explicitly in 10 CFR 429.59(b)(2)(iv)     Provide more explicit
 reporting requirements for certain      and 10 CFR 429.59(b)(3)(iv) that reporting      direction as to the
 models that may cause confusion as to   requirements apply only to models subject to    applicability of
 the scope of these provisions.          energy conservation standards.                  current reporting
                                                                                         requirements.
----------------------------------------------------------------------------------------------------------------

    DOE is not amending the test procedures or energy conservation 
standards for CFLKs, GSILs, IRLs, ceiling fans, consumer furnaces and 
boilers, consumer water heaters, dishwashers, CCWs, battery chargers, 
or DPPPs in this final rule.
    The effective date for the amended certification requirements 
adopted in this final rule is 30 days after publication of this 
document in the Federal Register. Certification reports for CFLKs, 
GSILs, IRLs, ceiling fans, consumer furnaces and boilers, consumer 
water heaters, dishwashers, CCWs, battery chargers, and DPPPs submitted 
beginning 210 days after publication of this final rule must comply 
with the applicable certification requirements as amended by this final 
rule. For certification reports submitted

[[Page 43960]]

after the effective date of this final rule, but prior to the 
compliance date, a manufacturer may optionally submit a certification 
report as required by the amendments in this final rule (i.e., early 
compliance is permitted). The requirements pertaining to the compliance 
date and the provision for early compliance apply to all certification 
reports submitted as required by 10 CFR 429.12 (i.e., annual 
certifications and certification of new and discontinued basic models).

III. Discussion

    Certification of compliance to DOE is a mechanism that helps 
manufacturers understand their obligations for distributing models of 
covered products and equipment that are subject to energy conservation 
standards. Certification reports include characteristics of covered 
products or equipment used to determine which standard applies to a 
given basic model, and they also help DOE identify models and/or 
regulated entities that may not be in compliance with the applicable 
regulations.
    As discussed in section I.B of this document, DOE proposed 
amendments to the certification and reporting requirements for certain 
products and equipment in the August 2021 Certification NOPR. 86 FR 
43120, 43126-43127. DOE received a number of comments in response to 
the 2021 Certification NOPR, which are listed in section II, and are 
summarized in more detail in the following section. DOE also received 
comments regarding the proposals in the August 2021 Certification NOPR 
generally.
    The Joint Commenters commented in favor of the proposed changes to 
the reporting requirements, agreeing with DOE's assessment that these 
updated requirements will ensure that certification reports reflect the 
information needed to determine compliance. The Joint Commenters also 
encouraged DOE to revise reporting requirements in a timely manner, 
noting that some of the proposed changes to requirements included in 
the August 2021 Certification NOPR were being proposed many years after 
the associated energy conservation standards went into effect. (Joint 
Commenters, No. 165, pp. 1-2)
    Similarly, AHAM expressed support for the proposed reporting 
requirements, stating that the updated requirements would ensure 
consistency across product types. AHAM also commented that the updates 
would ensure consistency between testing to support certification and 
testing in support of DOE's enforcement efforts. (AHAM, No. 167, pp. 1-
2)
    AMCA commented generally that manufacturers should be allowed to 
report conservative ratings, which may be less than the calculated 
value determined using test data. (AMCA, No. 159, p. 2)
    For the products and equipment addressed in this final rule, DOE 
has identified areas in which the current certification reporting 
requirements in 10 CFR part 429 are not consistent with the information 
required to verify whether the information provided is consistent with 
the certifier's statement of compliance with current energy 
conservation standards. DOE is amending the certification and reporting 
provisions for these products and equipment, as discussed in the 
following sections and generally as proposed in the August 2021 
Certification NOPR, to ensure reporting that is consistent with 
currently applicable energy conservation standards and to ensure DOE 
has the information necessary to determine the appropriate 
classification of products for the application of standards. In 
addition to the specific amendments in the following sections, DOE is 
also adopting minor amendments to ensure consistency among terms used 
throughout DOE's certification and reporting provisions.
    Regarding AMCA's comment that manufacturers should be allowed to 
report conservative ratings, in a prior rulemaking on certification, 
compliance, and enforcement, DOE explained that manufacturers may rate 
models conservatively, meaning the tested performance of the model(s) 
must be at least as good as the certified rating, after applying the 
appropriate product-specific sampling plan as set forth in 10 CFR part 
429, subpart B. 76 FR 12422, 12429 (March 7, 2011). DOE clarified the 
use of conservative ratings within the discussion of the concept of 
``basic model'' and noted that the sampling plans are designed to 
create conservative ratings, which ensures energy performance for 
consumers that is the same or better than the certified efficiency 
rating. Id. The amended certification and reporting provisions for the 
products and equipment in this final rule do not change a 
manufacturer's ability to rate conservatively.

A. Ceiling Fan Light Kits

1. Scope of Applicability
    This final rule applies to CFLKs, which are products designed to 
provide light from a ceiling fan and can be either: (1) integral, such 
that the equipment is attached to the ceiling fan prior to the time of 
retail sale; or (2) attachable, such that at the time of retail sale 
the equipment is not physically attached to the ceiling fan, but may be 
included inside the ceiling fan packaging at the time of sale or sold 
separately for subsequent attachment to the fan. 10 CFR 430.2; 42 
U.S.C. 6291(50). In the December 2015 CFLK TP Final Rule, DOE revised 
its interpretation of the CFLK definition to state that the requirement 
for a CFLK to be ``designed to provide light'' includes all light 
sources in a CFLK, including accent lighting. 80 FR 80209, 80214.
2. Reporting
    Under the existing requirements in 10 CFR 429.33(b)(2), 
manufacturers must report: (1) system efficacy and rated wattage for 
CFLKs with medium screw base lamps; (2) system efficacy, rated wattage, 
and lamp length for CFLKs with pin-based fluorescent lamps; and (3) 
rated wattage and number of individual sockets for CFLKs with any other 
socket type. The existing reporting requirements also require a 
declaration that CFLKs with any other socket type (i.e., not medium 
screw base or pin-based) meet the applicable design requirements. 10 
CFR 429.33(b)(3). These requirements provide for certifying compliance 
with the January 1, 2007 standards.
    In the August 2021 Certification NOPR, DOE noted that the reporting 
requirements at 10 CFR 429.33 continue to require manufacturers to 
report based on the January 1, 2007 standards, including information 
that is no longer relevant. 86 FR 43120, 43122. DOE added that this 
inconsistency between the reporting requirements and the January 21, 
2020, standards may lead to confusion regarding which standards are 
applicable as well as the reporting of unnecessary information. Id. 
Therefore, DOE proposed in the August 2021 Certification NOPR to update 
the reporting requirements to address the January 21, 2020, standards 
and to remove the reporting requirements for the January 1, 2007 
standard. Id. DOE sought comment on whether CFLKs manufactured prior to 
January 21, 2020, were still being distributed in commerce, and if the 
compliance requirements for these standards should be retained. Id. at 
86 FR 43128.
    ALA commented that it was aware of CFLKs manufactured prior to 
January 21, 2020, that are still being distributed in commerce and 
recommended that DOE retain the legacy compliance submission templates 
for these products. (ALA, No. 160, p. 2) Given that CFLKs manufactured 
prior to January 21, 2020, are still being

[[Page 43961]]

distributed in commerce, DOE is retaining the regulations for the 
certification requirements for CFLKs manufactured prior to January 21, 
2020. As discussed, DOE is also adding separate reporting requirements 
applicable to CFLKs manufactured on or after January 21, 2020, that 
align with the January 21, 2020 standards. DOE discusses these updates 
in the sections that follow.
a. Efficacy
    The January 21, 2020, standards require that all lamps and 
integrated SSL packaged with CFLKs meet certain efficacy standards 
based on the lumens of the lamp. 10 CFR 430.32(s)(6). To reflect the 
January 21, 2020 standards, DOE proposed in the August 2021 
Certification NOPR to require manufacturers to identify, in a 
certification report, each basic model of lamp or integrated SSL 
circuitry packaged with the CFLK basic model and to provide the 
corresponding lumen output in lumens and the efficacy in lumens per 
watt (``lm/W'') for each lamp/SSL basic model. 86 FR 43120, 43128. The 
inclusion of basic model number, associated lumen output, and efficacy 
in the certification report would provide the necessary data to 
determine whether the basic model of the lamp in the CFLK complies with 
the January 21, 2020, standards requiring a minimum efficacy based on 
the lumens of the lamp. Id.
    Additionally, the current test procedures and reporting 
requirements for various lighting products do not all use the same 
terms for lumen output and efficacy (e.g., lumen output, average lumen 
output, initial lumen output, rated lumen output, efficacy, lamp 
efficacy, initial lamp efficacy, system efficacy). In the August 2021 
Certification NOPR, DOE proposed to amend the reporting requirements to 
use the common terms ``lumen output'' and ``efficacy'' to identify the 
required values, and to make conforming revisions to the rounding 
requirements at 10 CFR 429.33(c). Id. DOE did not receive any comments 
on these proposals. For the reasons discussed in this final rule and in 
the August 2021 Certification NOPR, DOE is adopting these amendments as 
proposed in the August 2021 Certification NOPR.
b. Lumen Maintenance, Lifetime, and Rapid Cycle Stress Test
    Both the January 1, 2007 standards and January 21, 2020 standards 
include, for medium screw base CFLs packaged with a CFLK, minimum 
requirements for lumen maintenance at 1,000 hours, lumen maintenance at 
40 percent of lifetime, lifetime, and the number of units in the tested 
sample that must pass the rapid cycle stress test. 10 CFR 
430.32(s)(3)(i) and (s)(6)(i). Currently, the reporting requirements do 
not reflect these requirements for CFLs packaged with CFLKs.
    In the August 2021 Certification NOPR, DOE proposed to add 
reporting requirements for CFLKs packaged with a medium screw base CFL 
that would enable manufacturers to certify compliance with the January 
21, 2020 standards. 86 FR 43120, 43128. Specifically, for CFLKs 
packaged with a medium screw base CFL, DOE proposed to require 
reporting of the following information for each basic model of CFL: 
lumen maintenance at 1,000 hours and lumen maintenance at 40 percent of 
lifetime in percentages; lifetime in hours; and the number of CFL units 
that pass rapid cycle stress testing. Id. Similar to DOE's reporting 
requirements for CFLs sold individually (see 10 CFR 429.35), DOE 
proposed allowing certification of lumen maintenance at 40 percent of 
lifetime, lifetime, and rapid cycle stress testing of a medium screw 
base CFL in a CFLK to be based on estimates when initially testing a 
new basic model, which would allow new basic models of CFLKs with 
medium screw based CFLs to be distributed in commerce prior to 
completion of lifetime testing, and DOE sought comment on this 
proposal. Id.
    DOE did not receive any comments on reporting lumen maintenance at 
1,000 hours and at 40 percent of lifetime, lifetime, and the rapid 
cycle stress test results for medium screw base CFLs in CFLKs. In 
addition, DOE did not receive any comments on allowing estimates for 
lumen maintenance at 40 percent of lifetime, lifetime, and the rapid 
cycle stress test result.
    For the reasons discussed here and in the August 2021 Certification 
NOPR, in this final rule, DOE is adopting these requirements as 
proposed in the August 2021 Certification NOPR.
c. Design Requirement Declarations
    The January 21, 2020, standards continue to require that CFLKs with 
pin-based sockets for fluorescent lamps use an electronic ballast. 10 
CFR 430.32(s)(6)(ii). The current certification reporting requirements 
require for CFLKs with any socket type other than medium screw base or 
pin base a declaration that the basic model meets the applicable EPCA 
design requirement \13\ and that the features that have been 
incorporated into the ceiling fan light kit meet the applicable design 
requirement (e.g., circuit breaker, fuse, ballast). 10 CFR 
429.33(b)(3). In the August 2021 Certification NOPR, DOE proposed to 
make this declaration more specific to existing requirements by 
requiring that, for a CFLK with a pin-based socket for a fluorescent 
lamp, the manufacturer provide in the certification report a 
declaration that that such a CFLK has an electronic ballast. 86 FR 
43120, 43128. This proposal would allow manufacturers to specifically 
certify that basic models of CFLKs with pin-based socket fluorescent 
lamps comply with the requirement in the January 21, 2020, standard for 
such products to have an electronic ballast. 10 CFR 429.12(b).
---------------------------------------------------------------------------

    \13\ CFLKs that meet the January 21, 2020, efficacy standards 
are presumed to meet the EPCA-mandated 190 W limit requirement. See 
42 U.S.C. 6295(ff)(4)(C) and 10 CFR 430.32(s)(5).
---------------------------------------------------------------------------

    The January 21, 2020, standards also continue to require that, for 
all lamp types, the CFLK be packaged with lamps to fill all of the 
sockets. 10 CFR 430.32(s)(6). In the August 2021 Certification NOPR, 
DOE proposed to require a declaration that the CFLK is packaged with 
lamps sufficient to fill all of the lamp sockets. 86 FR 43120, 43128. 
The declaration would provide DOE with data indicating whether the 
manufacturers have addressed the requirement in the January 21, 2020, 
standard that for all lamp types the CFLK is packaged with lamps to 
fill all of the sockets. Id.
    DOE did not receive any comments on requiring a declaration that 
pin-based fluorescent lamps in CFLKs have an electronic ballast. In 
addition, DOE did not receive any comments on requiring a declaration 
that the CFLK are packaged with lamps sufficient to fill all sockets.
    In the August 2021 Certification NOPR, DOE proposed that these two 
declarations would be included in the certification report as public 
information. 86 FR 43120, 43128. Public information is made available 
to consumers in DOE's Compliance Certification Database (``CCD'') \14\ 
available at www.regulations.doe.gov/certification-data. DOE notes that 
in the case of these two declarations, every valid certification must 
include a positive declaration (i.e., ``Yes''); as such, the statement 
of declaration is not a characteristic that would provide any 
differentiation among products listed in the CCD (i.e., every product 
in the public database would be designated as ``Yes''). DOE also notes 
that the existing similar declaration requirement

[[Page 43962]]

applicable to CFLKs with any other socket type manufactured prior to 
January 1, 2020, is designated as non-public as codified at 10 CFR 
429.33(b)(3). In an effort to promote the simplification and usability 
of the CCD for consumers and other interested parties by including 
relevant information that can be used to differentiate among products 
within the database, DOE is designating these two new declaration 
requirements, applicable to products manufactured on or after January 
1, 2020, as non-public (i.e., they would not be listed in the CCD) and 
codifying them at 10 CFR 429.33(b)(3)(ii)(A) and (C), respectively.
---------------------------------------------------------------------------

    \14\ As described on the CCD website, the CCD offers consumers 
an easy-to-use search function for existing records in a readily 
downloadable format. There is also a consumer-friendly selection 
tool as well as a search-by-model function.
---------------------------------------------------------------------------

d. Basic Model, Lamp Type, and Sample Size Requirements
    In the August 2021 Certification NOPR, DOE also proposed certain 
certification reporting requirements for CFLKs to provide further 
specificity as to what is required to be reported. 86 FR 43120, 43129. 
Specifically, DOE proposed adding language in 10 CFR 429.33(b) stating 
that manufacturers must provide the brand, basic model number, and 
other additional lamp-specific information for each basic model of lamp 
included in the basic model of CFLK under test. Id. This proposal would 
allow DOE to use the appropriate certification values to verify whether 
the information provided is consistent with the certifier's statement 
of compliance with January 21, 2020 standards. If the same basic model 
of lamp is used in multiple CFLK basic models, manufacturers may use 
the same set of test data for that basic model of lamp to show 
compliance for each CFLK basic model in which it is included. Id.
    In the August 2021 Certification NOPR, DOE also proposed requiring 
that manufacturers provide the test sample size and kind of lamp for 
each basic model of a lamp and/or each basic model of integrated SSL 
circuitry packaged with a basic model of CFLK. 86 FR 43120, 43129. 
Because pin-based socket fluorescent lamps and medium-based socket CFLs 
in CFLKs are lamp types subject to additional standards, the lamp type 
of the basic model of lamp in the CFLK is necessary to determine the 
product class applicable to the basic model of CFLK. Id.
    Additionally, DOE proposed requiring that manufacturers provide, if 
applicable, a declaration that each basic model of lamp packaged with 
the basic model of CFLK was tested by a laboratory accredited as 
required under 10 CFR 430.25.\15\ 86 FR 43120, 43129. Lamps specified 
in 10 CFR 430.25 must be tested by laboratories with these 
accreditation requirements, and this declaration will allow DOE to 
verify whether the information provided is consistent with the 
certifier's statement of compliance with this requirement. In the 
August 2021 Certification NOPR, DOE inadvertently proposed in the CFR 
text that this declaration would be included under 10 CFR 
429.33(b)(2)(ii)(B), which would make it a public certification 
requirement. For consistency with other reporting requirements that 
require only a ``yes'' or ``no'' response, DOE is moving this 
declaration to 10 CFR 429.33(b)(3)(ii)(B) in this rulemaking and 
clarifying that it is a non-public reporting requirement.
---------------------------------------------------------------------------

    \15\ 10 CFR 430.25 states that the testing for GSFLs, GSILs 
(with the exception of lifetime testing), GSLs (with the exception 
of applicable lifetime testing), IRLs, CFLs, and fluorescent lamp 
ballasts, and integrated LED lamps must be conducted by test 
laboratories accredited by an Accreditation Body that is a signatory 
member to the International Laboratory Accreditation Cooperation 
(ILAC) Mutual Recognition Arrangement (MRA). A manufacturer's or 
importer's own laboratory, if accredited, may conduct the applicable 
testing.
---------------------------------------------------------------------------

    DOE received comments from both TIC and ALA regarding the proposed 
declaration that lamps packaged with CFLKs were tested by an accredited 
laboratory as required under 10 CFR 430.25. TIC proposed re-wording the 
description of the proposed requirement to state that ``lamps packaged 
with CFLKs were tested by a laboratory accredited by an accreditation 
body that is a signatory to the International Laboratory Accreditation 
Cooperation (``ILAC'') Mutual Recognition Arrangement (``MRA'') as 
required under 10 CFR 430.25.'' (TIC, No. 161, p. 1) DOE notes that the 
wording recommended by TIC is consistent with the regulatory language 
of 10 CFR 430.25, and therefore that DOE's proposal to reference ``a 
laboratory accredited as required under Sec.  430.25'' is consistent 
with TIC's recommendation.
    ALA expressed support for DOE's efforts to harmonize efficiency 
reporting data to reflect the current standards for CFLKs, but also 
requested that DOE affirm that the requirements identified in 10 CFR 
430.25 allow for manufacturers to conduct their own testing, and that 
reporting from accredited manufacturer-owned labs will be allowed. 
(ALA, No. 160, p. 2) DOE notes that 10 CFR 430.25 specifically provides 
that ``A manufacturer's or importer's own laboratory, if accredited, 
may conduct the applicable testing.'' DOE finds this existing language 
sufficiently explicit on the matter of ALA's request and, therefore, is 
not revising 10 CFR 430.25 as part of this final rule.
e. Rounding Requirements
    In the August 2021 Certification NOPR, DOE proposed rounding 
requirements for the certification reporting requirements proposed in 
the same document. 86 FR 43120, 43129. DOE proposed that lumen output 
be rounded to three significant digits; lumen maintenance at 1,000 
hours and at 40 percent of lifetime be rounded to the nearest tenth of 
a percent; and lifetime be rounded to the nearest whole hour. Id. 
Currently, DOE specifies that any represented value of initial lamp 
efficacy, system efficacy, or luminaire efficacy be rounded to the 
nearest tenth. DOE proposed simplifying these requirements to state any 
represented value of efficacy be rounded to the nearest tenth. Id.
    DOE did not receive any comments in response to the proposed 
rounding requirements and is adopting them as proposed in the August 
2021 Certification NOPR.
3. Reporting Costs and Impacts
    As discussed, in the August 2021 Certification NOPR, DOE proposed 
aligning CFLK certification reporting requirements with the energy 
conservation standard requirements applicable to CFLKs manufactured on 
and after January 21, 2020. 86 FR 43120, 43129.
    For CFLKs with sockets for medium screw base lamps, manufacturers 
currently report two values (i.e., efficacy and wattage), but would 
report four to nine values (e.g., efficacy, lumen output, test sample 
size, kind of lamp, a declaration of ILAC accreditation, lumen 
maintenance at 40 percent of lifetime, lumen maintenance at 1,000 
hours, lifetime, units passing rapid cycle stress test), depending on 
the kind of lamps packaged with the CFLK, under the reporting 
requirements proposed in the August 2021 Certification NOPR. 86 FR 
43120, 43129. For CFLKs with pin-based sockets for fluorescent lamps, 
manufacturers currently report three values (i.e., efficacy, wattage, 
length of lamp) but would report five values (i.e., efficacy, lumen 
output, test sample size, kind of lamp, and a declaration of ILAC 
accreditation), under the proposed reporting requirements. Id. For 
CFLKs with lamps of other socket types, manufacturers currently report 
two values (i.e., wattage, number of individual sockets), but would 
report five values (i.e., efficacy, lumen output, test sample size, 
kind of lamp, and a

[[Page 43963]]

declaration of ILAC accreditation), under the proposed reporting 
requirements. Id.
    In the August 2021 Certification NOPR, DOE tentatively determined 
that these amendments would not impose additional costs for 
manufacturers because manufacturers of CFLKs are already submitting 
certification reports to DOE and should have readily available the 
information that DOE proposed to collect. Id. DOE stated that it did 
not believe the revised reporting requirements would cause any 
measurable change in reporting burden or hours as compared to what CFLK 
manufacturers are currently doing today, but DOE requested comment on 
the certification reporting costs. Id.
    ALA stated that complying with the proposed reporting obligations 
would require a significant effort by industry to modernize the 
certification process. ALA added, however, that adopting these revised 
reporting requirements would not be overly burdensome for 
manufacturers. (ALA, No. 160, p. 1) DOE did not receive any other 
comments regarding the certification reporting costs of the proposed 
CFLK amendments, and ALA did not provide any data indicating increased 
costs to manufacturers related to reporting. Further, ALA did not 
provide any data or more specific information about how the additional 
required certification data would require a significant effort to 
modernize the certification process. The reporting of the additional 
values would be accomplished using the existing on-line data templates 
in DOE's Compliance and Certification Management System (``CCMS''). 
Further, the additional values are measurements and calculations 
required under the current DOE test procedure, and therefore should be 
available to the manufacturers. Based on the preceding discussion and 
the discussion in the August 2021 Certification NOPR, DOE makes a final 
determination that these amendments would not cause any measurable 
change in reporting burden or hours as compared to what CFLK 
manufacturers are currently doing today.

B. GSILs and IRLs

1. Scope of Applicability
    This final rule applies to GSILs and IRLs. DOE defines GSILs as a 
standard incandescent or halogen type lamp intended for general service 
applications; has a medium screw base; has a lumen range between 310-
2600 lumens or, in the case of a modified spectrum lamp, between 232-
1,950 lumens; and is capable of being operated at a voltage range at 
least partially within 110-130 volts. 10 CFR 430.2. The GSIL definition 
does not include certain lamp types (see 10 CFR 430.2). DOE defines 
IRLs as any lamp in which light is produced by a filament heated to 
incandescence by an electric current; contains an inner reflective 
coating on the outer bulb to direct the light; is not colored; is not 
designed for rough or vibration service applications; is not an R20 
short lamp; has an R, PAR, ER, BR, BPAR,\16\ or similar bulb shapes 
with an E26 medium screw base; has a rated voltage or voltage range 
that lies at least partially in the range of 115-130 volts; has a 
diameter that exceeds 2.25 inches; and has a rated wattage that is 40 
watts or higher. 10 CFR 430.2.
---------------------------------------------------------------------------

    \16\ Reflector (``R''), parabolic aluminized reflector 
(``PAR''), elliptical reflector (``ER''), bulged reflector (``BR''), 
bulged parabolic aluminized reflector (``BPAR'').
---------------------------------------------------------------------------

2. Reporting
    Under the existing requirements in 10 CFR 429.27(b)(2)(ii) for 
IRLs, manufacturers must report: (1) the testing laboratory's ILAC 
accreditation body's identification number or other approved 
identification assigned by the ILAC accreditation body; (2) production 
dates of the units tested; (3) the 12-month average lamp efficacy in 
lumens per watt (lm/W); and (4) lamp wattage (W).
    For IRLs (as well as GSFLs), DOE also specifies at 10 CFR 
429.12(e)(2) that prior to or concurrent with the distribution of a new 
basic model, each manufacturer shall submit an initial certification 
report listing the basic model number, lamp wattage, and date of first 
manufacture (i.e., production date) for that basic model. The 
certification report must also state how the manufacturer determined 
that the lamp meets or exceeds the energy conservation standards, 
including a description of any testing or analysis the manufacturer 
performed. Manufacturers of GSFLs and IRLs shall submit the 
certification report required by 10 CFR 429.27(b) within one year after 
the first date of new model manufacture.
    In the June 2021 Lighting TP NOPR, DOE proposed to include a test 
method for determining CRI of IRLs. 86 FR 29888, 29902. To verify 
whether the information provided is consistent with the certifier's 
statement of compliance with standards, DOE proposed in the August 2021 
Certification NOPR to require the reporting of CRI for IRLs. 86 FR 
43120, 43129. Additionally, for IRLs, DOE proposed to require the 
reporting of rated voltage and lamp diameter. Id. Because rated voltage 
and lamp diameter are used to determine the applicable energy 
conservation standards for IRLs, collecting this information would help 
DOE evaluate whether a basic model meets the appropriate energy 
conservation standard requirements (see 10 CFR 430.32(n)(6)).
    In the June 2021 Lighting TP NOPR, DOE also proposed to remove the 
current requirement at 10 CFR 429.27(a)(2)(i), applicable to IRLs, that 
the sampling plan must include a minimum of three lamps selected from 
each month of production for a minimum of 7 out of a 12-month period. 
86 FR 29888, 29905. Additionally, DOE proposed to remove the 
requirement in 10 CFR 429.12(e)(2) to submit an initial certification 
report prior to or concurrent with the distribution of a new basic 
model for IRLs (as well as GSFLs). Id. Hence, in the August 2021 
Certification NOPR, DOE did not propose any changes to the requirements 
for the initial certification report for IRLs. DOE proposed adding 
rated voltage, lamp diameter and CRI for IRLs only for annual filing 
certification reporting. 86 FR 43120, 43129.
    In its comments on the August 2021 Certification NOPR, NEMA opposed 
the adoption of the proposed requirement to report CRI for IRLs, 
asserting that it is inconsistent with EISA 2007, which prescribes CRI 
reporting requirements for GSLs but not IRLs. (NEMA, No. 164, p. 1) 
NEMA otherwise expressed general support for the GSIL and IRL reporting 
requirements proposed in the August 2021 Certification NOPR. Id.
    DOE disagrees with NEMA's assertion that IRLs are not subject to a 
CRI requirement. EISA 2007 established a CRI requirement for IRLs. 
Specifically, section 321(a)(3)(A)(ii) of EISA 2007 established CRI 
requirements for lamps that are intended for general service or general 
illumination application (whether incandescent or not); have a medium 
screw base or any other screw base not defined in ANSI C81.61-2006; are 
capable of operating at a voltage at least partially within the range 
of 110 to 130 volts; and are manufactured or imported after December 
31, 2011. As previously discussed, the recently published May 2022 
Definition Final Rule expanded the definition of GSL to include IRLs 
because DOE concluded that IRLs are used in general lighting 
applications. 82 FR 27461, 27467, 27481. Because IRLs are intended for 
general service application, have a medium screw base, and a voltage 
between 110 to 130 volts, they meet the criteria of section 
321(a)(3)(A)(ii) of EISA 2007 and are subject to the CRI requirement.

[[Page 43964]]

    DOE did not receive any other comments on requiring the reporting 
of CRI to certify compliance with the existing energy conservation 
standards for IRLs, nor did DOE receive any comments on requiring the 
reporting of lamp diameter and rated voltage to help determine the 
applicable energy conservation standard for IRLs.
    For the reasons discussed here and in the August 2021 Certification 
NOPR, in this final rule, DOE is adopting the reporting requirements 
for IRLs as proposed in the August 2021 Certification NOPR. As 
described, these reporting requirements apply only to annual filing 
certification reporting. If the amendment proposed in the June 2021 
Lighting TP NOPR to remove the requirement for IRLs to submit an 
initial certification report is not adopted, DOE will consider adding 
these additional reporting requirements to the initial certification 
reporting requirements in a future separate rulemaking.
    Under the existing requirements in 10 CFR 429.27(b)(2)(iii) for 
GSILs, manufacturers must report: (1) the testing laboratory's ILAC 
accreditation body's identification number or other approved 
identification assigned by the ILAC accreditation body; (2) production 
dates of the units tested; (3) the 12-month average maximum rate 
wattage in watts (``W''); (4) the 12-month average minimum rated 
lifetime (hours); and (5) the 12-month average CRI.
    In the August 2021 Certification NOPR, DOE proposed to require the 
reporting of initial lumen output for GSILs because this value is 
needed to evaluate whether a basic model meets the appropriate energy 
conservation standard requirements (see 10 CFR 430.32(x)).\17\ 86 FR 
43120, 43130. DOE did not receive any comments on requiring the 
reporting of initial lumen output for GSILs. For the reasons discussed 
here and in the August 2021 Certification NOPR, in this final rule, DOE 
is adopting this amendment to the reporting requirements for GSILs as 
proposed in the August 2021 Certification NOPR.
---------------------------------------------------------------------------

    \17\ For GSILs, the applicable standards depend on the rated 
lumen output of the basic model.
---------------------------------------------------------------------------

3. Reporting Costs and Impacts
    As discussed, in the August 2021 Certification NOPR, DOE proposed 
to align IRL certification reporting requirements with the existing 
energy conservation standard requirements. 86 FR 43120, 43128. 
Additionally, DOE proposed to include reporting requirements for GSILs 
and IRLs that will help DOE determine applicable energy conservation 
standards for these products. Id.
    For IRLs, manufacturers currently certify four values (i.e., ILAC 
accreditation, production dates, lamp efficacy, and lamp wattage), and 
would report three additional values (i.e., CRI, lamp diameter, rated 
voltage) under the requirements proposed in the August 2021 
Certification NOPR. 86 FR 43120, 43130. GSIL manufacturers currently 
report five values (i.e., ILAC accreditation, production dates, 
wattage, lifetime, and CRI), and would report one additional value 
under the proposed reporting requirements (i.e., lumens). Id. DOE notes 
that, in the June 2021 Lighting TP NOPR, it proposed to remove the 
reporting of production dates for IRLs and GSILs. 86 FR 29888, 29905.
    In the August 2021 Certification NOPR, DOE tentatively determined 
that these amendments would not impose additional costs for 
manufacturers because manufacturers of IRLs and GSILs are already 
submitting certification reports to DOE. 86 FR 43120, 43130. 
Manufacturers should have readily available the information that DOE 
proposed to require as part of this rulemaking because such information 
is necessary to determine applicable energy conservation standards or 
to meet existing statutory requirements. DOE stated in the August 2021 
Certification NOPR that it did not believe that the revised reporting 
requirements would cause any measurable change in reporting burden or 
hours as compared to what manufacturers of IRLs and GSILs are currently 
doing today. Id.
    NEMA commented that there are several DOE proceedings that may 
apply to or otherwise impact GSILs and IRLs. NEMA urged DOE to align 
the requirements and implementation dates for these proceedings to 
minimize unnecessary burden on those directly impacted by these 
regulations. (NEMA, No. 164, p. 2)
    For the reasons discussed in the prior paragraphs and in the August 
2021 Certification NOPR, in this final rule, DOE is adopting the 
reporting requirements for GSILs and IRLs as proposed. Compliance with 
these amended reporting requirements is not required until 210 days 
after publication of this final rule. The reporting of the additional 
values will be through the existing on-line CCMS process using data 
templates maintained by DOE, and the additional values reflect an 
existing requirement (i.e., CRI values required under section 321(a) of 
EISA 2007) and are measurements and calculations required under the 
current DOE standard and/or test procedure for GSILs and IRLs. 
Specifically, determining which standard an IRL is subject to requires 
lamp diameter and the IRL standard and test procedure requires 
measurement of rated wattage. Determining which standard a GSIL is 
subject to requires lumens and the measurement of the metric is also 
specified in the test procedure. Therefore, the values should be 
available to manufacturers. Based on the preceding discussion and the 
discussion in the August 2021 Certification NOPR, DOE makes a final 
determination that these amendments would not cause any measurable 
change in reporting burden or hours for GSIL and IRL manufacturers.

C. Ceiling Fans

1. Scope of Applicability
    EPCA defines ``ceiling fan'' as ``a nonportable device that is 
suspended from a ceiling for circulating air via the rotation of fan 
blades.'' (42 U.S.C. 6291(49)) DOE codified the statutory definition in 
10 CFR 430.2. In the July 2016 Ceiling Fan TP Final Rule, DOE stated 
that the test procedure applies to any product meeting this definition, 
including fans designed for applications where large airflow volume may 
be needed and highly decorative fans. 81 FR 48620, 48622. DOE stated, 
however, that the ceiling fan test procedure does not apply to the 
following fans: belt-driven ceiling fans, centrifugal ceiling fans, 
oscillating ceiling fans, and ceiling fans whose blades' plane of 
rotation cannot be within 45 degrees of horizontal. Id.
    Relevant to this final rule, DOE defines ``small-diameter ceiling 
fan'' in section 1.17 of appendix U as a ceiling fan that is less than 
or equal to seven feet in diameter. DOE defines a ``large-diameter 
ceiling fan'' in section 1.11 of appendix U as a ceiling fan that is 
greater than seven feet in diameter.
2. Reporting
    The current requirements for certification reports for ceiling fans 
correspond to the design requirements specified in EPCA. (See 42 U.S.C. 
6295(ff)(1)) These reporting requirements are set forth at 10 CFR 
429.32(b) and require reporting of the number of speeds within the 
ceiling fan controls and a declaration that the manufacturer has 
incorporated the applicable design requirements. The current 
certification requirements do not reflect the amended energy 
conservation standards adopted in the January 2017 Ceiling Fan ECS 
final rule or the amended standards for LDCFs

[[Page 43965]]

adopted by Congress in the Energy Act of 2020. See 82 FR 6826; 42 
U.S.C. 6295(ff)(6)(C)(i), as codified; 86 FR 28469.
    In the August 2021 Certification NOPR, DOE proposed maintaining the 
required declaration that the manufacturer has incorporated the 
applicable design requirements as a public reporting requirement 
codified at 10 CFR 429.32(b)(2). 86 FR 43120, 43131. Similar to the 
declarations applicable to CFLKs discussed in section III.A.2.c of this 
document, DOE notes that in the case of this declaration for ceiling 
fans, every valid certification must include a positive declaration 
(i.e., ``Yes''). As such, the statement of declaration is not a 
characteristic that provides any differentiation among products listed 
in the CCD (i.e., every product in the public database would be 
designated as ``Yes''). In an effort to promote the simplification and 
usability of the CCD for consumers and other interested parties by 
including relevant information that can be used to differentiate among 
products within the database, DOE is designating this declaration 
requirement as non-public (i.e., it would not be listed in the CCD) and 
codifying it at 10 CFR 429.32(b)(3) accordingly in this final rule.
a. Small-Diameter Ceiling Fan Requirements
    In the September 2019 Ceiling Fan TP NOPR, DOE proposed to update 
the reporting requirements for ceiling fans to include product-specific 
information that would be required to certify compliance with the 
amended energy conservation standards established in January 2017 
Ceiling Fan ECS Final Rule. 84 FR 51440, 51450. DOE did not finalize 
the proposed requirements from the September 2019 Ceiling Fan TP NOPR 
and revisited the certification and rounding requirements with a new 
proposal in the August 2021 Certification NOPR. 86 FR 43120, 43130-
43131.
    Product-specific information is necessary to determine the product 
class and minimum allowable ceiling fan efficiency required to certify 
compliance with current energy conservation standards. For small-
diameter ceiling fans, the product class (i.e., very small-diameter, 
standard, hugger, or high-speed small-diameter) is determined using 
blade span (in), blade edge thickness (in), airflow (CFM) at high 
speed, blade revolutions per minute (``RPM'') at high speed, and the 
represented distance (in) between the ceiling and the lowest point on 
the fan blades. Further, identification of whether a small-diameter 
ceiling fan is a multi-head ceiling fan is necessary to determine 
applicable standards. Specifically, a multi-head ceiling fans requires 
calculating ceiling fan efficiency differently than other small-
diameter ceiling fans by including the airflow and power consumption of 
all fan heads (see section 4.1.1 of appendix U).
    Accordingly, DOE proposed in the August 2021 Certification NOPR to 
require that certification reports include the following public 
product-specific information for each ceiling fan basic model: (1) 
blade span in inches; (2) ceiling fan efficiency in CFM/W; and (3) a 
declaration of whether the fan is a multi-head ceiling fan. 86 FR 
43120, 43130.
    For each ceiling fan basic model, DOE also proposed to require 
additional product-specific information, including: (1) blade edge 
thickness (in), airflow (CFM) at high speed, and blade RPM at high 
speed; and (2) for low-speed small-diameter (``LSSD'') ceiling fans, 
the distance (in) between the ceiling and the lowest point on the fan 
blades. Id. Manufacturers are already required to determine these 
values as part of the current test procedure for ceiling fans and would 
be required to use these values to determine which amended energy 
conservation standards apply to their basic models. Id. at 86 FR 43130-
43131.
    Further, DOE proposed in the August 2021 Certification NOPR to 
require reporting of standby power consumption (in watts) for small-
diameter ceiling fans. Id. at 86 FR 43131. DOE notes that standby power 
consumption is already required to be measured in section 3.6 of 
appendix U and is an input into the calculation of ceiling fan 
efficiency in section 4 of appendix U. Therefore, DOE tentatively 
determined that the reporting of standby power for these ceiling fans 
would not result in an increase in reporting burden for manufacturers. 
Id.
    ALA generally supported DOE's efforts to harmonize efficiency 
reporting data to reflect the current standards as it would provide 
much needed clarity. (ALA, No. 160, p. 1) DOE received no other 
comments in response to its proposed amendments to the requirements for 
small-diameter ceiling fans. For the reasons discussed here, and in the 
August 2021 Certification NOPR, in this final rule, DOE is adopting 
these amendments as proposed in the August 2021 Certification NOPR.
b. Large-Diameter Ceiling Fan Requirements
    As discussed, the distinction between small-diameter and large-
diameter ceiling fans is based on blade span. The Energy Act of 2020 
required that LDCFs must meet two separate standards based on the CFEI 
metric, with one standard based on operation of the fan at high speed 
and a second standard based on operation of the fan at 40 percent speed 
or the nearest speed that is not less than 40 percent speed. (See 42 
U.S.C. 6295(ff)(6)(C)(i)(II), as codified) Accordingly, DOE proposed in 
the August 2021 Certification NOPR to amend the reporting requirements 
for LDCFs to require reporting blade span in inches, CFEI for high 
speed, and CFEI for 40 percent speed or the nearest speed that is not 
less than 40 percent speed. 86 FR 43120, 43131.
    In response to the August 2021 Certification NOPR, AMCA supported 
the proposed reporting requirements for large-diameter fans. AMCA also 
proposed that two additional reporting requirements be added--airflow 
(CFM) at high speed and airflow (CFM) at 40 percent speed or the 
nearest speed that is not less than 40 percent speed. (AMCA, No. 159, 
p. 2) AMCA stated that requiring manufacturers to document CFEI and any 
two of the three parameters will help prevent cheating because with any 
three values (CFEI and two others), the fourth value can be calculated 
with certainty. Further, AMCA noted that adding the two additional 
values to DOE's proposed filing requirements would not impose an 
additional burden on manufacturers because they are taken from the test 
laboratory report. Id. DOE did not receive any other comments in 
response to the proposed LDCF requirements.
    Although airflow in CFM is measured by the test procedure and is 
required for calculating CFEI (i.e., the metric on which the energy 
efficiency standards for LDCFs are based), the airflow values 
themselves are not required to determine compliance with standards. 
Therefore, DOE is not including them in these finalized reporting 
requirements.
    In this final rule, for the reasons discussed in the preceding 
paragraphs and the August 2021 Certification NOPR, DOE is adopting the 
revised reporting requirements for LDCFs as proposed in the August 2021 
Certification NOPR.
c. Rounding Requirements
    In the August 2021 Certification NOPR, DOE proposed amendments to 
10 CFR 429.32 to specify that represented values are to be determined 
consistent with the test procedures in appendix U and to specify 
rounding requirements for represented values. 86 FR 43120, 43131. DOE 
proposed that manufacturers round any represented

[[Page 43966]]

value of ceiling fan efficiency for small diameter ceiling fans, 
expressed in CFM/W, to the nearest whole number. Id. Additionally, for 
LDCF, DOE proposed to specify that any represented value of CFEI must 
be rounded to the nearest hundredth. Id.
    ALA commented in support of the small-diameter ceiling fan rounding 
requirements as proposed in the August 2021 Certification NOPR, and 
stated that the proposed requirements would align with the Federal 
Trade Commission's labeling rounding requirements. (ALA, No. 160, p. 1-
2) AMCA expressed support for the proposed rounding of CFEI values to 
the nearest hundredth. (AMCA, No. 159, p. 2)
    In this final rule, for the reasons discussed in the preceding 
paragraphs and the August 2021 Certification NOPR, DOE is adopting the 
rounding requirements as proposed in the August 2021 Certification 
NOPR.
3. Reporting Costs and Impacts
    As discussed, in the August 2021 Certification NOPR, DOE proposed 
to align ceiling fan certification reporting requirements with the 
energy conservation standard requirements applicable to ceiling fans 
manufactured on and after January 21, 2020, and with the May 2021 
Technical Amendment. 86 FR 43120, 43131.
    For all ceiling fans, manufacturers currently report two fields 
(i.e., the number of speeds within the ceiling fan controls and a 
declaration that the manufacturer has incorporated the applicable 
design requirements). 10 CFR 429.32(b)(2). The proposed requirements 
would add a variable number of additional reporting fields, depending 
on the product class. For small-diameter ceiling fans, manufacturers 
would be required to report five to eight additional fields (i.e., 
blade span, CFM/W, standby power, a declaration whether the fan is a 
multi-head ceiling fan, blade edge thickness, CFM and RPM at high 
speed, and the represented distance between the ceiling and the lowest 
point on the fan blades). For LDCF, manufacturers would be required to 
report three additional fields (i.e., blade span, CFEI for high speed 
and 40 percent speed or the nearest speed that is not less than 40 
percent speed). 86 FR 43120, 43131.
    In the August 2021 Certification NOPR, DOE tentatively determined 
that these amendments would not impose additional costs for 
manufacturers because manufacturers of ceiling fans are already 
submitting certification reports to DOE and should have readily 
available the information that DOE proposed to collect. Id. Any added 
fields would be reflective of the product-specific information needed 
to verify whether the information provided is consistent with the 
certifier's statement of compliance with the energy conservation 
standard requirements applicable to ceiling fans manufactured on and 
after January 21, 2020, as established in the January 2017 Ceiling Fan 
ECS Final Rule and the Energy Act of 2020. DOE stated in the August 
2021 Certification NOPR that it did not believe that the revised 
reporting requirements would cause any measurable change in reporting 
burden or hours as compared to the current requirements for ceiling fan 
manufacturers. Id.
    ALA generally commented that while manufacturers spend considerable 
time preparing for and certifying their products, adjusting to the 
additional information requested in the proposal should not be overly 
burdensome for manufacturers. (ALA, No. 160 at p. 1) Otherwise, DOE did 
not receive any comments on the certification and reporting costs of 
the amended reporting requirements for ceiling fans. Based on the 
preceding discussion and the discussion in the August 2021 
Certification NOPR, DOE makes a final determination that these 
amendments would not cause any measurable change in reporting burden or 
hours for ceiling fan manufacturers.

D. Consumer Furnaces and Boilers

1. Scope of Applicability
    EPCA defines the term ``furnace'' to mean a product which utilizes 
only single-phase electric current, or single-phase electric current or 
direct current (DC current) in conjunction with natural gas, propane, 
or home heating oil, and which: (1) is designed to be the principal 
heating source for the living space of a residence; (2) is not 
contained within the same cabinet with a central air conditioner whose 
rated cooling capacity is above 65,000 British thermal units per hour 
(Btu/h); (3) is an electric central furnace, electric boiler, forced-
air central furnace, gravity central furnace, or low pressure steam or 
hot water boiler; and (4) has a heat input rate of less than 300,000 
Btu/h for electric boilers and low pressure steam or hot water boilers 
and less than 225,000 Btu/h for forced-air central furnaces, gravity 
central furnaces, and electric central furnaces. (42 U.S.C. 6291(23)) 
DOE has codified this definition at 10 CFR 430.2, where it also defines 
``electric central furnace,'' ``electric boiler,'' ``forced-air central 
furnace,'' ``gravity central furnace,'' and ``low pressure steam or hot 
water boiler''.
    The changes discussed in this section apply to non-weatherized oil-
fired furnaces, electric furnaces, and consumer boilers meeting the 
definitions in 10 CFR 430.2, as presented in the preceding paragraph.
2. Reporting
    Under the existing requirements in 10 CFR 429.18(b), consumer 
(residential) furnace and boiler manufacturers must report the AFUE in 
percent and the input capacity in British thermal units per hour 
(``Btu/h'') in their certification reports. In addition, for cast-iron 
sectional boilers, manufacturers must include the type of ignition 
system for gas-fired steam and hot water boilers and a declaration of 
whether certification is based on linear interpolation or testing. For 
hot water boilers, manufacturers must also include a declaration that 
the manufacturer has incorporated the applicable design requirements. 
For multi-position furnaces, the AFUE reported for each basic model 
must be based on testing in the least-efficient configuration, but 
manufacturers may also optionally report and make representations of 
additional AFUE values based on testing in other configurations. 10 CFR 
429.18(b).
    In the August 2021 Certification NOPR, DOE proposed to modify some 
of the reporting requirements and add new requirements to better align 
with the existing standards and aid in determining which energy 
conservation standards apply to a given basic model for non-weatherized 
oil-fired consumer furnaces (including mobile home furnaces), electric 
consumer furnaces, and consumer boilers. 86 FR 43120, 43131. The 
specific changes are discussed in more detail in the following 
sections.
a. Standby Mode and Off Mode Energy Consumption
    In addition to the applicable AFUE standards, DOE prescribes 
separate standards for standby mode and off mode power consumption 
(designated as PW,SB and PW,OFF, respectively) 
for non-weatherized oil-fired furnaces in watts (including mobile home 
furnaces), electric furnaces, and consumer boilers. 10 CFR 
430.32(e)(1)(iii) and (e)(2)(iii)(B). However, the reporting 
requirements for consumer furnaces and boilers at 10 CFR 429.18 do not 
include a requirement to certify the standby mode and off mode power 
consumption of non-weatherized oil-fired furnaces (including mobile 
home furnaces), electric furnaces, or consumer boilers.

[[Page 43967]]

Therefore, DOE proposed to require that manufacturers report values for 
PW,SB and PW,OFF for non-weatherized oil-fired 
furnaces (including mobile home furnaces), electric furnaces, and 
consumer boilers. 86 FR 43120, 43132.
    Additionally, manufacturers of consumer furnaces and consumer 
boilers may use identical controls and electrical components across 
various models and/or product lines with different characteristics 
(e.g., input capacity) and across AFUE levels. These differences in 
characteristics may prevent these basic models from being grouped as a 
single basic model, but because the different basic models have 
identical controls and electrical components affecting standby mode and 
off mode energy consumption, the standby mode or off mode test result 
would be expected to be the same for both models. Therefore, DOE 
proposed that if all electrical components that would impact the 
standby mode and off mode energy consumption are identical between 
multiple basic models, manufacturers can optionally test only one of 
the basic models and use test data from that basic model to rate the 
standby mode and off mode energy consumption for other basic models 
having identical controls and electrical components affecting standby 
mode and off mode energy consumption. 86 FR 43120, 43132.
    Bradford White expressed support for the proposed standby mode and 
off mode reporting requirements for consumer furnaces and boilers. 
(Bradford White, No. 163, p. 1)
    AHRI also supported the proposed standby mode and off mode energy 
consumption reporting requirements for furnaces. (AHRI, No. 166, p. 2) 
For boilers, however, AHRI asserted that there is no reason that 
compliance of standby mode and off mode power would require more than 
simply a declaration of compliance. AHRI stated that these modes 
consume very little power relative to the power consumed by the boiler 
as a whole, and that they are not given much consideration or weight by 
consumers. (Id.) AHRI also requested that DOE consider removing standby 
mode and off mode power consumption from the energy conservation 
standards for boilers. AHRI stated that indoor appliances do not have 
jacket losses measured because all heat lost to the envelope is still 
considered useful heat, and that any losses through standby mode and 
off mode should be considered only as useful heat for any indoor 
boiler. (Id.) AHRI asserted that reducing the standby mode and off mode 
energy conservation standards would only have adverse effects on the 
consumer and would result in major impacts to value added displays and 
safety controls. (Id.)
    DOE notes that regardless of whether consumers consider standby 
mode and off mode power, these values are necessary for DOE to 
determine whether certified models comply with the standby mode and off 
mode standards for these products specified at 10 CFR 430.32(e)(1)(iii) 
and (e)(2)(iii)(B). Furthermore, requiring the values themselves rather 
than a statement of compliance is consistent with the approach used by 
DOE for other covered product types, and such information should be 
readily available, as it was needed to determination compliance with 
the applicable standard.
    Accordingly, for the reasons discussed here and in the August 2021 
Certification NOPR, in this final rule, DOE is adopting reporting 
requirements for standby mode and off mode power consumption for 
boilers and furnaces as proposed in the August 2021 Certification NOPR.
    Regarding AHRI's comments in relation to the standby mode and off 
mode power consumption standards, consideration of any changes to 
energy conservation standards is outside of the scope of this 
rulemaking. However, the Department nonetheless points out that under 
42 U.S.C. 6295(gg), EPCA mandates that DOE account for standby mode and 
off mode energy consumption for any final rule for energy conservation 
standards promulgated after July 1, 2010, so removal of those standards 
is not possible.
b. Type of Ignition System for Gas-Fired Consumer Boilers
    The energy conservation standards for consumer boilers prohibit the 
use of constant-burning pilots for gas-fired hot water boilers and gas-
fired steam boilers. 10 CFR 430.32(e)(2)(iii). Currently, manufacturers 
are required to certify the type of ignition system only for cast iron 
sectional gas-fired hot water and steam boilers. 10 CFR 
429.18(b)(2)(ii). ``Cast iron sectional'' refers to the construction of 
the boiler heat exchanger, which is composed of cast iron sections. The 
prohibition of constant-burning pilot ignition systems is not limited 
to only consumer boilers with cast iron sectional heat exchangers, but 
rather is applicable to all gas-fired hot water boilers and gas-fired 
steam boilers, including those with heat exchangers made from other 
materials (e.g., copper, aluminum, stainless steel). Therefore, DOE 
proposed in the August 2021 Certification NOPR to modify the reporting 
requirement for the type of ignition system such that the type of 
ignition system must be certified for all gas-fired hot water boilers 
and gas-fired steam boilers. 86 FR 43120, 43132. This change would 
allow DOE to confirm that the manufacturer-reported type of ignition 
system for a given basic model meets the design requirement for all 
types of gas-fired hot water boilers and gas-fired steam boilers.
    In addition, 10 CFR 429.18(b)(3) requires that for hot water 
boilers, the manufacturer include in its certification report a 
declaration that the manufacturer has incorporated the applicable 
design requirements. As discussed, the standards for gas-fired steam 
boilers also include a design requirement that use of a constant-
burning pilot ignition is not permitted. Therefore, DOE proposed to 
update the reporting requirements in 10 CFR 429.18(b)(3) to require 
that manufacturers of gas-fired steam boilers also include a 
declaration in the certification report that the basic model meets the 
design requirement criterion. Id.
    In response to the August 2021 Certification NOPR, AHRI commented 
that the proposed expansion of reported ignition system type to include 
other gas-fired boilers would not be overly problematic. AHRI stated, 
however, that if DOE's intent was to ensure that standing pilots are 
not used, that including ignition systems in the declaration of 
compliance in 10 CFR 429.18(b)(3) would be a better solution. (AHRI, 
No. 166, p. 1)
    DOE agrees with AHRI that including ignition systems in the 
declaration of compliance, as opposed to requiring manufacturers to 
specify the type of ignition system, is sufficient for determining 
compliance. As such, in this final rule, DOE is modifying the 
declaration of compliance in 10 CFR 429.18(b)(3) to include all boilers 
for which a design requirement applies. DOE is adding at 10 CFR 
429.18(b)(3) a requirement that manufacturers of gas-fired boilers 
declare that the subject basic models do not incorporate a constant-
burning pilot and that manufacturers of hot water boilers report 
whether the basic model is equipped with tankless domestic water 
heating coils (and if not, a declaration that the subject basic models 
include an automatic means for adjusting the water temperature). For 
gas-fired hot water boilers, both requirements apply, and thus, 
manufacturers will be required to separately declare compliance with 
both requirements. These changes will allow DOE to verify that boiler 
models subject to design requirements comply with those requirements. 
In addition, DOE is removing the existing requirement for

[[Page 43968]]

cast-iron sectional boilers to certify the ignition type, as it is 
duplicative with the declarations added by this final rule.
c. Rounding Requirements
    In the August 2021 Certification NOPR, DOE proposed rounding 
requirements for the certification reporting requirements for standby 
mode and off mode energy consumption. Specifically, DOE proposed to 
require that values for standby mode and off mode energy consumption be 
rounded to the nearest 0.1 watts. 86 FR 43120, 43132.
    In addition, the represented value of AFUE currently must be 
truncated to one-tenth of a percentage point. 10 CFR 429.18(a)(2)(vii). 
DOE proposed to modify this requirement to state that AFUE must be 
rounded to the nearest one-tenth of a percentage point. This change 
would treat consumer furnaces and boilers in a manner consistent with 
other types of covered products and equipment, for which represented 
values are generally required to be rounded rather than truncated. As 
discussed in the August 2021 Certification NOPR, this change could only 
increase the represented AFUE value, and as such, manufacturers would 
have an option of whether to re-rate the AFUE of existing models that 
would be impacted by this change. 86 FR 43120, 43132.
    AHRI expressed support for the proposed AFUE rounding requirements. 
(AHRI, No. 166, p. 2) Bradford White likewise expressed support for the 
proposed AFUE, standby mode energy consumption, and off mode energy 
consumption rounding requirements, stating that these proposed 
requirements align with current industry standards. (Bradford White, 
No. 163, p. 2)
    For the reasons discussed here and in the August 2021 Certification 
NOPR, in this final rule, DOE is adopting the rounding requirements as 
proposed in the August 2021 Certification NOPR.
3. Reporting Costs and Impacts
    As discussed, in the August 2021 Certification NOPR, DOE proposed 
to align consumer furnace and boiler certification reporting 
requirements with the existing energy conservation standard 
requirements. 86 FR 43120, 43132.
    For non-weatherized oil-fired consumer furnaces (including mobile 
home furnaces), electric consumer furnaces, and consumer boilers, the 
proposed changes would require manufacturers to report two additional 
values (i.e., PW,SB and PW,OFF) in their annual 
certification reports. For gas-fired hot water and gas-fired steam 
boiler models that are not cast-iron sectional boilers, the proposed 
changes would require additional reporting of the type of ignition 
system. However, as discussed previously, DOE has decided in this final 
rule not to require the reporting of the type of ignition system and is 
instead addressing the no-standing-pilot-light requirement through a 
required declaration.
    Manufacturers of consumer furnaces and boilers are currently 
required to certify various items to DOE, depending on the product 
class and applicable standards, which can include AFUE, input rate, 
type of ignition system, and whether applicable design requirements are 
incorporated. Because manufacturers of these products are already 
submitting certification reports to DOE and should have readily 
available the information that DOE proposed to collect as part of the 
August 2021 Certification NOPR, DOE stated in the August 2021 
Certification NOPR that it did not believe the revised reporting 
requirements would cause any appreciable change in reporting burden or 
hours as compared to what consumer furnace and boiler manufacturers do 
currently. Additionally, because the proposed AFUE rounding requirement 
would only increase represented AFUE values, manufacturers may choose 
to maintain current AFUE ratings; therefore, DOE tentatively determined 
that it did not expect any cost associated with this proposal. Id.
    The only product class for which no certification reporting is 
currently required is electric steam boilers, as there is no AFUE 
standard or design requirement for this class. As proposed in the 
August 2021 Certification NOPR, there are now standby mode and off mode 
standards for electric steam boilers, so the addition of reporting 
requirements for PW,SB and PW,OFF would require 
new certification reporting for electric steam boilers, if 
manufacturers are not already doing so. Id.
    DOE did not receive any comments regarding the certification 
reporting costs of the proposed amendments for consumer boilers and 
furnaces.
    Based on the preceding discussion and the discussion in the August 
2021 Certification NOPR, DOE makes a final determination that these 
amendments would not cause any measurable change in reporting burden or 
hours for manufacturers of consumer furnaces and boilers other than 
electric steam boilers. For electric steam boilers, the new reporting 
requirements established by this final rule will require new 
certification reporting for electric steam boiler manufacturers. Costs 
associated with the new reporting requirements for electric steam 
boilers are discussed in section IV.C.3 of this document.

E. Grid-Enabled Consumer Water Heaters

1. Scope of Applicability
    As discussed in section I.B.5 of this document, DOE defines a 
``grid-enabled water heater'' at 10 CFR 430.2, consistent with EPCA's 
definition at 42 U.S.C. 6295(e)(6)(A)(ii), to mean an electric 
resistance water heater that has a rated storage tank volume of more 
than 75 gallons, is manufactured on or after April 16, 2015, is 
equipped at the point of manufacture with an activation lock, and bears 
a permanent label applied by the manufacturer that is made of material 
not adversely affected by water, is attached by means of a non-water-
soluble adhesive, and advises purchasers and end-users of the intended 
and appropriate use of the product as part of an electric thermal 
storage or demand response program.
2. Reporting
    Currently, for grid-enabled consumer water heater basic models, 
manufacturers are required to report the uniform energy factor 
(``UEF''), the rated storage volume in gallons, the first-hour rating 
in gallons, the recovery efficiency in percent, a declaration that the 
model is a grid-enabled water heater, whether it is equipped at the 
point of manufacture with an activation lock, and whether it bears a 
permanent label applied by the manufacturer that advises purchasers and 
end-users of the intended and appropriate use of the product. 10 CFR 
429.17(b)(2)(iii).
    EPCA, as amended, requires manufacturers to report the quantity of 
grid-enabled water heaters that the manufacturer ships each year and 
requires DOE to keep the shipment data reported by manufacturers as 
confidential business information.\18\ (42 U.S.C. 6295(e)(6)(C)(i)-
(iii)) As stated in section I.B.5 of this document, the August 2015 
Water Heater ECS Final Rule, which established definitions and energy 
conservation standards for grid-enabled water heaters, did not 
establish provisions to require the reporting of shipments by 
manufacturers. 80 FR 48004, 48009-48010. Therefore, DOE proposed in the 
August 2021 Certification NOPR to add reporting requirements to 10 CFR 
429.17 that would require manufacturers to report

[[Page 43969]]

the total number of grid-enabled water heaters shipped each year for 
sale in the U.S., along with the calendar year that the shipments 
cover, in accordance with the EPCA requirement. 86 FR 43120, 43133. DOE 
also proposed to state explicitly that the annual shipments of grid-
enabled water heaters reported by manufacturers will be treated as 
confidential business information by the Department. Id. Because the 
annual shipments of grid-enabled water heaters would be treated 
differently than other water heater reporting requirements (i.e., the 
shipments would be reported on an annual basis rather than ongoing 
based on model availability; and the reported shipments would be 
treated as confidential business information), DOE proposed that the 
annual shipments be reported separately from the other certification 
reporting requirements for water heaters in 10 CFR 429.17(b). Id.
---------------------------------------------------------------------------

    \18\ EPCA also requires that utilities and other demand response 
and thermal storage program operators report annually the quantity 
of grid-enabled water heaters activated for their programs. (42 
U.S.C. 6295(e)(6)(C)(ii))
---------------------------------------------------------------------------

    AHRI and Bradford White expressed support for the proposed 
reporting requirement for the number of annual shipments of grid-
enabled consumer water heaters, as well as the proposal that this 
information be reported separately from the information that is 
currently required under 10 CFR 429.17(b). (AHRI, No. 166, p. 2; 
Bradford White, No. 163, p. 1) The Joint Commenters commented that EPCA 
directs DOE to require reporting of both shipment and activation 
numbers for grid-enabled water heaters, and they urged DOE to begin 
requiring utilities and other demand response and thermal storage 
program operators to begin reporting the annual activation numbers. 
(Joint Commenters, No. 165, pp. 1-2)
    Regarding the comment from the Joint Commenters, DOE notes that it 
already collects the quantity of activations from utilities and other 
demand response and thermal storage program operators, as required by 
EPCA, through the Energy Information Administration's forms EIA-861 and 
EIA-861S.
    For the reasons discussed here and in the August 2021 Certification 
NOPR, in this final rule, DOE is adopting the reporting requirements 
for grid-enabled water heaters as proposed in the August 2021 
Certification NOPR.
3. Reporting Costs and Impacts
    As discussed in the August 2021 Certification NOPR, the addition of 
reporting requirements for annual shipments of grid-enabled consumer 
water heaters would newly require manufacturers to report this 
information. 86 FR 43120, 43132.
    DOE did not receive any comments regarding the certification 
reporting costs of the proposed amendments for grid-enabled water 
heaters.
    Costs associated with these new reporting requirements for grid-
enabled water heaters are discussed in section IV.C.3 of this document.

F. Dishwashers

1. Scope of Applicability
    DOE defines dishwashers as cabinet-like appliances which with the 
aid of water and detergent, wash, rinse, and dries (when a drying 
process is included) dishware, glassware, eating utensils, and most 
cooking utensils by chemical, mechanical and/or electrical means and 
discharge to the plumbing drainage system. 10 CFR 430.2.
2. Reporting
    Under the existing requirements in 10 CFR 429.19(b)(2), a 
certification report must include the following public product-specific 
information: the estimated annual energy use in kilowatt hours per year 
(kWh/yr) and the water consumption in gallons per cycle. In addition, a 
certification report must include the following additional product-
specific information: the capacity in number of place settings as 
specified in industry standard ANSI/Association of Home Appliance 
Manufacturers (``AHAM'') DW-1-2010 (``ANSI/AHAM DW-1-2010''); presence 
of a soil sensor (if yes, the number of cycles required to reach 
calibration); the water inlet temperature used for testing in degrees 
Fahrenheit ([deg]F); the cycle selected for energy testing and whether 
that cycle is soil-sensing; the options selected for the energy test; 
and presence of a built-in water softening system (if yes, the energy 
use in kilowatt-hours and the water use in gallons required for each 
regeneration of the water softening system, the number of regeneration 
cycles per year, and data and calculations used to derive these 
values). 10 CFR 429.19(b)(3).
    In conducting testing according to DOE's test procedure, section 
2.10 of appendix C1 specifies using Cascade with the Grease Fighting 
Power of Dawn powder as the detergent formulation, at half the quantity 
specified according to Section 4.1 of ANSI/AHAM DW-1-2010. During AHAM 
task group meetings in 2020 to establish an updated version of the 
industry standard, in which DOE participated, AHAM informed DOE that 
Cascade with the Grease Fighting Power of Dawn has been discontinued 
and has been replaced with Cascade Complete. AHAM has updated its 
industry standard to specify the use of Cascade Complete for 
testing.\19\ Given that the currently specified detergent is no longer 
available on the market, DOE expects that manufacturers may need to (or 
have already had to) switch to the new detergent formulation to conduct 
testing according to appendix C1. On December 22, 2021, DOE proposed 
amendments to the test procedure for dishwashers, including an 
amendment to the detergent specifications for testing. 86 FR 72738, 
72753.
---------------------------------------------------------------------------

    \19\ See AHAM DW-1-2020 and AHAM DW-2-2020, available at 
www.aham.org.
---------------------------------------------------------------------------

    DOE seeks to ensure that any assessment or enforcement testing 
conducted pursuant to 10 CFR 429.104 and 10 CFR 429.110, respectively, 
would be performed using the same detergent used by the manufacturer 
for certifying compliance with the applicable energy conservation 
standard. In the August 2021 Certification NOPR, DOE proposed to 
require that manufacturers indicate in the certification report whether 
Cascade Complete powder was used as the detergent formulation in lieu 
of Cascade with the Grease Fighting Power of Dawn. 86 FR 43120, 43133. 
DOE proposed to add this requirement to the list of additional product-
specific information specified at 10 CFR 429.19(b)(3). Id.
    DOE also proposed to reorganize the requirements specified at 10 
CFR 429.19(b)(3) as a numbered list for easier readability. Id. In its 
proposed reorganization of these requirements, DOE had proposed to 
maintain the reported capacity (in number of place settings) as a non-
public certification requirement under 10 CFR 429.19(b)(3). However, 
DOE currently includes the reported capacity among the publicly 
available information in the CCD,\20\ as DOE determined that this 
information is useful for differentiating among models listed within 
the database and determining the applicable product class in 10 CFR 
430.32(f)(1). In this final rule, DOE moves this certification 
requirement to the public requirements specified at 10 CFR 429.19(b)(2) 
to be consistent with how this reported information is currently 
presented to the public. DOE is adopting the other reorganized 
requirements as proposed.
---------------------------------------------------------------------------

    \20\ The Compliance Certification Database for dishwashers is 
available at www.regulations.doe.gov/certification-data/CCMS-4-Dishwashers.html.
---------------------------------------------------------------------------

    AHAM commented in support of the proposed dishwasher certification 
requirement, stating that this requirement will ensure that any 
assessment and enforcement testing can be accurate and conducted with 
the same detergent used by the

[[Page 43970]]

manufacturer when determining compliance. (AHAM, No. 167, p. 2)
    For the reasons discussed here and in the August 2021 Certification 
NOPR, in this final rule, DOE is adopting the amended reporting 
requirements for dishwashers as proposed in the August 2021 
Certification NOPR.
3. Reporting Costs and Impacts
    In the August 2021 Certification NOPR, DOE had tentatively 
determined that the proposed additional reporting requirement would not 
impose additional costs for manufacturers because manufacturers of 
dishwashers are already submitting certification reports to DOE and 
should have readily available the information that DOE would be 
requiring (i.e., whether a dishwasher model was tested using Cascade 
Complete powder as the detergent formulation in lieu of Cascade with 
the Grease Fighting Power of Dawn). DOE stated that it did not believe 
the revised reporting requirements would cause any measurable change in 
reporting burden or hours as compared to what dishwasher manufacturers 
are currently doing today. 86 FR 43120, 43134.
    DOE did not receive any comments on the certification and reporting 
costs associated with the proposed reporting requirement for 
dishwashers. In this final rule, DOE makes a final determination that 
these amendments would not cause any measurable change in reporting 
burden or hours for dishwasher manufacturers.

G. Commercial Clothes Washers

1. Scope of Applicability
    DOE defines ``commercial clothes washer'' to mean a soft-mounted 
front-loading or soft-mounted top-loading clothes washer that: (1) has 
a clothes container compartment that for horizontal-axis clothes 
washers is not more than 3.5 cubic feet (``cu ft''), and for vertical-
axis clothes washers is not more than 4.0 cu ft; and (2) is designed 
for use in applications in which the occupants of more than one 
household will be using the clothes washer, such as multi-family 
housing common areas and coin laundries; or other commercial 
applications. 10 CFR 431.152; 42 U.S.C. 6311(21).
2. Reporting
    Under the existing requirements in 10 CFR 429.46(b), a CCW 
certification report must include the following public information: the 
modified energy factor (MEFJ2) in cu ft/kWh/cycle and the 
integrated water factor (``IWF'') in gal/cu ft/cycle. 10 CFR 
429.46(b)(2)(ii). DOE also maintains reporting requirements at 10 CFR 
429.46(b)(2)(i) for models tested using appendix J1, which is no longer 
used as the basis for demonstrating compliance with energy conservation 
standards. Since January 1, 2018, CCW basic models are subject to an 
energy conservation standard using the MEFJ2 metric, and the 
water efficiency standard using IWF, both of which can only be measured 
using appendix J2, making the reporting requirements based on appendix 
J1 obsolete.\21\
---------------------------------------------------------------------------

    \21\ DOE removed appendix J1 and all references to appendix J1 
in 10 CFR parts 429, 430, and 431 in the June 2022 RCW/CCW TP Final 
Rule. 87 FR 33316, 33319, 33363.
---------------------------------------------------------------------------

    Accordingly, DOE proposed in the August 2021 Certification NOPR to 
remove the reporting requirements currently specified at 10 CFR 
429.46(b)(2)(i) for models tested using appendix J1. 86 FR 43120, 
43134. DOE also proposed to update the term ``water factor'' in the 
test sampling plan for CCW at 10 CFR 429.46(a)(2)(i) to ``integrated 
water factor'' to match the current metric used as the basis for 
standards. Id.
    AHAM commented in support of the removal of the outdated appendix 
J1 requirements. (AHAM, No. 167, p. 2)
    For the reasons discussed here and in the August 2021 Certification 
NOPR, in this final rule, DOE is removing the appendix J1 reporting 
requirements as proposed in the August 2021 Certification NOPR.
    In addition, DOE proposed to amend the CCW certification reporting 
requirements by adding to the list of reported values the clothes 
container capacity (in cubic feet), the type of loading (top-loading or 
front-loading), and the corrected remaining moisture content (``RMC'') 
value (expressed as a percentage). 86 FR 43120, 43134. DOE also 
proposed rounding instructions for each newly reported value. Id.
    In general, AHAM requested DOE provide sufficient lead-time for any 
adopted amendments to the reporting requirements. (AHAM, No. 167, p. 2) 
As discussed, compliance with the amended reporting requirements is not 
required until 210 days after publication of this final rule. The 
specific reporting requirements are discussed in the following 
paragraphs.
a. Clothes Container Capacity
    DOE's definition of ``commercial clothes washer'' at 10 CFR 
431.152, which is consistent with the EPCA definition (see 42 U.S.C. 
6311(21)), incorporates clothes container capacity, among other 
characteristics. Specifically, equipment meeting the definition of a 
CCW has a clothes container compartment that for horizontal-axis 
clothes washers is not more than 3.5 cubic feet, and for vertical-axis 
clothes washers is not more than 4.0 cubic feet (among other criteria). 
10 CFR 431.152. Clothes container capacity is also a key parameter in 
the calculation of MEFJ2 and IWF, in that capacity is used 
to represent the per-cycle energy and water use on per-cubic-foot of 
capacity basis. To verify whether the information provided is 
consistent with the certifier's statement of compliance with standards, 
DOE proposed to amend 10 CFR 429.46(b)(2) to add clothes container 
capacity (in cubic feet) to the information required to be included in 
the certification report. 86 FR 43120, 43134.
    DOE also proposed accompanying sampling provisions for determining 
the reported values for capacity. Id. Specifically, DOE proposed to add 
new paragraph (a)(3) in 10 CFR 429.46, which specifies that the 
reported capacity of a basic model shall be the mean of the measured 
clothes container capacity, ``C'', of all tested units of the basic 
model. Id. This new paragraph would parallel the existing requirement 
for RCWs in 10 CFR 429.20(a)(3).
    AHAM stated that it did not oppose the proposal to require 
reporting clothes container capacity given that capacity is an element 
of determining whether clothes washers meet the definition of a 
``commercial clothes washer'' and is important to the calculation of 
MEF and IWF. (AHAM, No. 167, pp. 2-3)
    For the reasons discussed here and in the August 2021 Certification 
NOPR, in this final rule, DOE is adopting the amendments regarding 
container capacity as proposed in the August 2021 Certification NOPR.
b. Axis of Loading
    DOE has established equipment classes for CCWs defined by axis of 
loading (i.e., top-loading and front-loading). Separate energy 
conservation standards apply to each class. 10 CFR 431.156. As such, 
the axis of loading is integral in determining the energy conservation 
standard that applies to each basic model. In the August 2021 
Certification NOPR, DOE proposed to amend 10 CFR 429.46(b)(2) to add 
the type of loading (top-loading or front-loading) to the information 
required to be included in the certification report. 86 FR 43120, 
43134.
    AHAM stated that it did not oppose the proposal to require 
reporting of loading axis. (AHAM, No. 167, p. 3)

[[Page 43971]]

    For the reasons discussed here and in the August 2021 Certification 
NOPR, in this final rule, DOE is adopting this amendment as proposed in 
the August 2021 Certification NOPR.
c. Remaining Moisture Content
    DOE specifies product-specific enforcement provisions for ``clothes 
washers'', which includes both RCWs and CCWs. 10 CFR 429.134(c). 
Specifically, 10 CFR 429.134(c)(1), as amended by the June 2022 RCW/CCW 
TP Final Rule, specifies provisions for the determination of remaining 
moisture content (``RMC'').\22\ The provisions at 10 CFR 
429.134(c)(1)(i) address testing conducted to the new appendix J, and 
those at 10 CFR 429.134(c)(1)(ii) address testing conducted to appendix 
J2. In both cases, these provisions address anomalous RMC results that 
are not representative of a basic model's performance, as well as 
differences in RMC values that may result from DOE using a different 
test cloth lot than was used by the manufacturer for testing and 
certifying the basic model. These provisions describe DOE's approach 
for determining the final RMC value under each possible testing 
outcome: when the measured RMC value of a tested unit is equal to or 
lower than the certified RMC value of the basic model; when the 
measured RMC value of a tested unit is higher than the certified RMC 
value of the basic model but the difference between the measured and 
certified RMC values would not affect the unit's compliance with the 
applicable standards; and when the measured RMC value of a tested unit 
is higher than the certified RMC value of the basic model and the 
difference between the measured and certified RMC values would affect 
the unit's compliance with the applicable standards. These provisions 
are further differentiated according to whether DOE used the same test 
cloth lot or a different test cloth lot than was used by the 
manufacturer for testing and certifying the basic model.\23\
---------------------------------------------------------------------------

    \22\ The RMC measurement is used to determine the per-cycle 
energy consumption for removal of moisture from the test load; i.e., 
the ``drying energy'' portion of the MEFJ2 calculation in 
appendix J2 and the AEER calculation in new appendix J.
    \23\ See 87 FR 33316, 33369-33371 for additional discussion of 
the amendments adopted.
---------------------------------------------------------------------------

    The application of this product-specific enforcement provision for 
clothes washers requires a certified value of ``corrected'' RMC \24\ 
for each basic model. Therefore, DOE proposed to amend 10 CFR 
429.46(b)(2) to add the corrected RMC value (expressed as a percentage) 
to the information required to be included in the certification report. 
86 FR 43120, 43134.
---------------------------------------------------------------------------

    \24\ ``Corrected'' RMC refers to the final RMC value obtained in 
Appendix J2 after applying specified correction factors (based on 
the lot of test cloth used for testing) to the ``uncorrected'' RMC 
value.
---------------------------------------------------------------------------

    DOE also proposed accompanying sampling provisions for determining 
the reported values for corrected RMC. Id. Specifically, DOE proposed 
to add new paragraph (a)(4) in 10 CFR 429.46, which specifies that the 
reported value of corrected RMC of a basic model shall be the mean of 
the final RMC value measured for all tested units of the basic model. 
Id. This new paragraph would parallel the existing requirements for 
RCWs in 10 CFR 429.20(a)(4).
    AHAM stated that it did not oppose the proposal to require 
reporting corrected remaining moisture content and the proposed 
sampling provisions. (AHAM, No. 167, p. 3)
    For the reasons discussed here and in the August 2021 Certification 
NOPR, in this final rule, DOE is adopting these amendments as proposed 
in the August 2021 Certification NOPR.
d. Rounding Instructions
    In the August 2021 Certification NOPR, DOE proposed to specify at 
new Sec.  429.46(c) that clothes container capacity must be rounded to 
the nearest 0.1 cubic feet (``cu ft''), and that corrected RMC must be 
rounded to the nearest 0.1 percentage point. 86 FR 43120, 43134. These 
rounding instructions are consistent with the existing rounding 
instructions for RCWs specified at 10 CFR 429.20(c).
    AHAM stated that it did not oppose the proposed rounding 
requirements. (AHAM, No. 167, p. 3)
    For the reasons discussed here and in the August 2021 Certification 
NOPR, in this final rule, DOE is adopting the rounding instructions as 
proposed in the August 2021 Certification NOPR.
3. Reporting Costs and Impacts
    In the August 2021 Certification NOPR, DOE proposed adding three 
additional reported values for CCWs (i.e., the clothes container 
capacity, the type of loading, and the corrected RMC value). 86 FR 
43120, 43135. Currently, manufacturers report two values, as described 
in the previous section.
    In the August 2021 Certification NOPR, DOE had tentatively 
determined that the amendment would not impose additional costs for 
manufacturers because manufacturers of CCWs are already submitting 
certification reports to DOE and should have readily available the 
information that DOE is proposing to collect as part of this 
rulemaking. In particular, the clothes container capacity and corrected 
RMC values are already measured as part of the test procedure and are 
required for calculating the MEFJ2 metric under appendix 
J2.\25\ DOE stated in the August 2021 Certification NOPR that it did 
not believe the revised reporting requirements would cause any 
measurable change in reporting burden or hours as compared to what CCW 
manufacturers are currently doing today. Id.
---------------------------------------------------------------------------

    \25\ Although not specifically mentioned in the August 2021 
Certification NOPR, the clothes container capacity and corrected RMC 
values will also already be measured as part of the new appendix J 
test procedure, as required for calculating AEER or EER, as 
applicable to any future amended standards for CCWs.
---------------------------------------------------------------------------

    DOE did not receive any comments on the certification and reporting 
costs associated with the proposed reporting requirements for CCWs. In 
this final rule, DOE makes a final determination that these amendments 
to the reporting requirements for CCW would not cause any measurable 
change in reporting burden or hours for CCW manufacturers.

H. Battery Chargers

1. Scope of Applicability
    This final rule applies to battery chargers, which DOE defines as a 
device that charges batteries for consumer products, including battery 
chargers embedded in other consumer products. 10 CFR 430.2.
2. Reporting
    Under the existing requirements in 10 CFR 429.39(b), a 
certification report must include the following public product-specific 
information for all battery chargers other than uninterruptable power 
supplies: nameplate battery voltage of the test battery in volts (V), 
nameplate battery charge capacity of the test battery in ampere-hours 
(Ah), nameplate battery energy capacity of the test battery in watt-
hours (Wh), maintenance mode power (Pm), standby mode power 
(Psb), off mode power (Poff), battery discharge 
energy (Ebatt), 24-hour energy consumption (E24), 
duration of the charge and maintenance mode test (tcd), and 
unit energy consumption (UEC). 10 CFR 429.39(b)(2).
    In addition, a certification report must include the following 
additional product-specific information for all battery chargers other 
than uninterruptible power supplies: the manufacturer and model of the 
test battery, and the manufacturer and model, when applicable, of the 
external power supply. 10 CFR 429.39(b)(3).
    Certification reports must also include the following product-
specific information for all uninterruptible

[[Page 43972]]

power supplies: supported input dependency mode(s); active power in 
watts (W); apparent power in volt-amperes (VA); rated input and output 
voltages in volts (V); efficiencies at 25 percent, 50 percent, 75 
percent and 100 percent of the reference test load; and average load 
adjusted efficiency of the lowest and highest input dependency modes. 
10 CFR 429.39(b)(4).
    DOE notes that 10 CFR 429.12(a) states that basic models of covered 
products require annual filings on or before the dates provided in 10 
CFR 429.12(d), but paragraph (d) does not specifically list an annual 
filing date for battery chargers. In light of this omission, DOE 
proposed in the August 2021 Certification NOPR to explicitly specify in 
10 CFR 429.12(d) that battery chargers be recertified annually on or 
before September 1. 86 FR 43120, 43135.
    DOE received one comment regarding the proposed annual filing date 
for battery chargers. AHAM commented that the Appliance Standards and 
Rulemaking Federal Advisory Committee (``ASRAC'') recommended that DOE 
eliminate annual reporting requirements,\26\ and only require that a 
model be certified whenever it is newly introduced, discontinued, or 
changed in a way that alters energy use. (AHAM, No. 167, p. 3-4) AHAM 
supported ASRAC's recommended removal of annual reporting requirements 
and opposed the addition of an annual reporting requirement for battery 
chargers. (Id.)
---------------------------------------------------------------------------

    \26\ Strawman ASRAC Recommendation on Reducing Reporting Burden 
(available at: www.regulations.gov/document/EERE-2013-BT-NOC-0005-0103).
---------------------------------------------------------------------------

    DOE is maintaining the annual reporting requirement for battery 
chargers with the amendments adopted in this final rule. The annual 
reporting requirement is consistent with the requirements for all other 
DOE covered products. For the reasons discussed in this final rule and 
in the August 2021 Certification NOPR, in this final rule, DOE is 
adopting the amendments to the reporting requirements for battery 
chargers as proposed.
3. Reporting Costs and Impacts
    In the August 2021 Certification NOPR, DOE proposed no changes to 
the reported information required for battery chargers. DOE only 
proposed to specify the annual date by which manufacturers must submit 
annual certification filings to DOE. 86 FR 43120, 43135. DOE had 
tentatively determined that the amendment would not impose additional 
costs for manufacturers because manufacturers of battery chargers are 
already submitting certification reports to DOE. The requirement 
adopted in this final rule specifies that the annual reporting must be 
submitted on or before September 1. Specifying the annual date by which 
reports must be filed will not change the content or frequency of the 
report, and therefore DOE has determined that the amendment to the 
reporting requirements for battery chargers would not cause any 
measurable change in reporting burden or hours for CCW manufacturers.

I. Dedicated-Purpose Pool Pumps

1. Scope of Applicability
    This final rule applies to DPPPs, which by DOE's definition 
includes self-priming pool filter pumps, non-self-priming pool filter 
pumps, waterfall pumps, pressure cleaner booster pumps, integral sand-
filter pool pumps, integral-cartridge filter pool pumps, storable 
electric spa pumps, and rigid electric spa pumps. 10 CFR 431.462.
2. Reporting
    Certification report requirements are specified in 10 CFR 
429.59(b)(2)(iv) and (b)(3)(iv) for DPPPs subject to the test methods 
prescribed in Sec.  431.464(b). However, in 10 CFR 429.12, 
certification is only required for covered equipment subject to an 
applicable energy conservation standard. Certain DPPPs that are subject 
to the test method, specifically waterfall pumps and polyphase self-
priming pool filter pumps, are not subject to an energy conservation 
standard. Therefore, in the August 2021 Certification NOPR, DOE 
proposed to clarify the reporting requirements by removing the language 
in 10 CFR 429.59(b)(2)(iv) and (b)(3)(iv) that references the test 
method (as well as a reference to waterfall pumps). 86 FR 43120, 43135.
    In addition, DOE proposed to amend the same provisions to specify 
that they do not apply to integral cartridge-filter and sand filter 
pool pumps. Id. Rather, because those pumps are subject to design 
requirements, they have separate reporting requirements in 10 CFR 
429.59(b)(2)(v).
    DOE received one comment in response to the proposal to clarify the 
certification requirement for certain models of DPPPs. NSF suggested 
revising the reference to the industry standard incorporated by 
reference. NSF stated that the reporting requirement should reference 
NSF/ANSI/CAN 50-2020, ``Equipment and Chemicals for Swimming Pools, 
Spas, Hot Tubs and Other Recreational Water Facilities'' and the 
correct Annex reference is now Normative Annex 3, Section N-3.3. (NSF, 
No. 168, p.1) DOE notes that this is the more recent version of the 
material incorporated by reference at 10 CFR 431.463 (NSF/ANSI 50-2015, 
``Equipment for Swimming Pools, Spas, Hot Tubs and Other Recreational 
Water Facilities'', Annex C--Test methods for the evaluation of 
centrifugal pumps,'' Section C.3, ``self-priming capability''). Since 
this rulemaking is limited to certification, DOE is not incorporating 
the newer material by reference as part of this final rule. DOE will 
consider this new standard during the next rulemaking process for 
DPPPs.
    DOE did not receive any other comments on its proposal to clarify 
the certification requirements for certain models of DPPPs and is 
finalizing them as proposed in the August 2021 Certification NOPR.
3. Reporting Costs and Impacts
    In the August 2021 Certification NOPR, DOE proposed to clarify the 
existing certification requirements for DPPPs. 86 FR 43120, 43135. DOE 
did not receive any comments regarding the impact of the proposed 
amendment. DOE has determined that the amendment would not impose 
additional costs or burden for manufacturers.

J. Revised Certification Templates

    DOE will revise the reporting templates 180 days prior to the 
compliance date for the amended certification requirements adopted in 
this rule. The specific templates that must be used for certifying 
compliance of covered products and equipment to DOE are available for 
download at www.regulations.doe.gov/ccms/templates.

K. Effective and Compliance Dates

    The effective date for the adopted reporting requirement amendments 
will be 30 days after publication of this final rule in the Federal 
Register. Submission of the data specified by the amended reporting 
provisions will be required for the applicable certification reports 
that are required to be submitted under 10 CFR 429.12, beginning 210 
days following publication of this final rule in the Federal Register, 
but certification reports may be submitted in accordance with these 
amended requirements prior to the compliance date if the manufacturer 
elects to do so.

[[Page 43973]]

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 and 13563

    Executive Order (``E.O.'') 12866, ``Regulatory Planning and 
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving 
Regulation and Regulatory Review, 76 FR 3821 (Jan. 21, 2011), requires 
agencies, to the extent permitted by law, to (1) propose or adopt a 
regulation only upon a reasoned determination that its benefits justify 
its costs (recognizing that some benefits and costs are difficult to 
quantify); (2) tailor regulations to impose the least burden on 
society, consistent with obtaining regulatory objectives, taking into 
account, among other things, and to the extent practicable, the costs 
of cumulative regulations; (3) select, in choosing among alternative 
regulatory approaches, those approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity); (4) to the 
extent feasible, specify performance objectives, rather than specifying 
the behavior or manner of compliance that regulated entities must 
adopt; and (5) identify and assess available alternatives to direct 
regulation, including providing economic incentives to encourage the 
desired behavior, such as user fees or marketable permits, or providing 
information upon which choices can be made by the public. DOE 
emphasizes as well that E.O. 13563 requires agencies to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible. In its guidance, the 
Office of Information and Regulatory Affairs (``OIRA'') in the Office 
of Management and Budget (``OMB'') has emphasized that such techniques 
may include identifying changing future compliance costs that might 
result from technological innovation or anticipated behavioral changes. 
For the reasons stated in the preamble, this final regulatory action is 
consistent with these principles.
    Section 6(a) of E.O. 12866 also requires agencies to submit 
``significant regulatory actions'' to OIRA for review. OIRA has 
determined that this final regulatory action does not constitute a 
``significant regulatory action'' under section 3(f) of E.O. 12866. 
Accordingly, this action was not submitted to OIRA for review under 
E.O. 12866.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of a final regulatory flexibility analysis (``FRFA'') for 
any final rule where the agency was first required by law to publish a 
proposed rule for public comment, unless the agency certifies that the 
rule, if promulgated, will not have a significant economic impact on a 
substantial number of small entities. As required by Executive Order 
13272, ``Proper Consideration of Small Entities in Agency Rulemaking,'' 
67 FR 53461 (August 16, 2002), DOE published procedures and policies on 
February 19, 2003, to ensure that the potential impacts of its rules on 
small entities are properly considered during the DOE rulemaking 
process. 68 FR 7990. DOE has made its procedures and policies available 
on the Office of the General Counsel's website: www.energy.gov/gc/office-general-counsel.
    DOE has concluded that the removal of outdated reporting 
requirements and the addition of new reporting requirements as adopted 
in this final rule will not impose additional costs for manufacturers 
of CFLKs, GSILs and IRLs, ceiling fans, consumer furnaces and boilers 
(except electric steam boilers), dishwashers, CCWs, battery chargers, 
and DPPPs for the reasons discussed in section III of this document. 
For these products and equipment, DOE has determined that the 
amendments will not impose additional costs for manufacturers because 
manufacturers are already submitting certification reports to DOE and 
should have readily available the information that DOE is requiring as 
part of this rulemaking, and for DPPPs, the proposed amendments clarify 
the existing reporting requirements. Consequently, for these types of 
covered products and equipment, the changes in this final rule are not 
expected to have a significant economic impact on related entities 
regardless of size.
    However, for electric steam boilers, no certification is currently 
required. This final rule is amending 10 CFR 429.18 to include a 
requirement to certify the standby mode and off mode energy consumption 
for electric steam boilers. This amendment aligns the certification 
requirements with the existing energy conservation standard 
requirements 10 CFR 430.32(e)(1)(iii) introductory text and 
(e)(2)(iii)(B). For electric steam boiler manufacturers that are not 
already certifying, the new certification requirements would result in 
additional paperwork costs. Likewise, for grid-enabled water heaters, 
this final rule is adding reporting requirements to align with the 
requirements of EPCA. EPCA, as amended, requires manufacturers to 
report the quantity of grid-enabled water heaters that the manufacturer 
ships each year and requires DOE to keep the shipment data reported by 
manufacturers as confidential business information. (42 U.S.C. 
6295(e)(6)(C)(i)-(iii)) Therefore, grid-enabled water heater 
manufacturers will incur additional paperwork costs.
    The Small Business Administration (``SBA'') considers a business 
entity to be a small business, if, together with its affiliates, it 
employs less than a threshold number of workers specified in 13 CFR 
part 121. The size standards and codes are established by the 2017 
North American Industry Classification System (``NAICS'').
    Electric steam boiler manufacturers are classified under NAICS code 
333414, ``Heating Equipment (except Warm Air Furnaces) Manufacturing.'' 
The SBA sets a threshold of 500 employees or fewer for an entity to be 
considered as a small business in this category. DOE used available 
public information to identify potential small manufacturers. DOE 
reviewed manufacturer literature to create a list of companies that 
import or otherwise manufacture the electric steam boilers covered by 
this rulemaking. Using these sources, DOE identified five manufacturers 
of electric steam boilers. Three of these five manufacturers are small 
businesses. DOE estimates that the increased certification burden will 
result in 35 hours per manufacturer to develop the required 
certification reports. Therefore, based on a fully burdened labor rate 
of $100 per hour, the estimated total annual cost to manufacturers 
would be $3,500 per manufacturer.\27\ Using subscription-based market 
research tools (e.g., Dun & Bradstreet company reports),\28\ DOE 
developed annual revenue estimates for the three small businesses that 
manufacture electric steam boilers. The estimated annual revenue for 
the three small businesses ranges from $0.5 million to $24.1 million. 
Therefore, this additional certification cost of $3,500 per 
manufacturer represents less than 1 percent of each identified 
manufacturer's annual revenue.
---------------------------------------------------------------------------

    \27\ The estimates of 35 hours per response and $100 per hour 
fully burdened labor rate are based on the collection of information 
estimates for consumer products and commercial/industrial equipment 
subject to energy or water conservation standards. See 82 FR 57240 
(Dec. 4, 2017).
    \28\ Dun & Bradstreet Hoovers subscription login is accessible 
at: app.dnbhoovers.com/ (Last accessed May 9, 2022).

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

[[Page 43974]]

    Grid-enabled water heater manufacturers are classified under NAICS 
code 335220, ``Major Household Appliance Manufacturing.'' The SBA sets 
a threshold of 1,500 employees or fewer for an entity to be considered 
as a small business in this category. DOE used available public 
information to identify potential small manufacturers. DOE accessed the 
CCD \29\ and the certified product directory of AHRI,\30\ and DOE also 
reviewed manufacturer literature. Using these sources, DOE identified 
four manufacturers of grid-enabled water heaters. The four 
manufacturers exceed the SBA threshold to be considered a small 
business. Thus, DOE did not identify any small business manufacturers 
of grid-enabled water heaters.
---------------------------------------------------------------------------

    \29\ U.S. Department of Energy CCMS (Available at: 
www.regulations.doe.gov/ccms).
    \30\ AHRI Directory of Certified Product Performance (Available 
at: www.ahridirectory.org/Search/SearchHome).
---------------------------------------------------------------------------

    DOE reviewed this final rule under the provisions of the Regulatory 
Flexibility Act and the policies and procedures published on February 
19, 2003. On the basis of the foregoing, DOE concludes that the impacts 
of the amendments to DOE's certification regulations adopted in this 
final rule will not have a ``significant economic impact on a 
substantial number of small entities.'' Accordingly, DOE has not 
prepared an FRFA for this final rule. DOE will transmit this 
certification of no significant impact on a substantial number of small 
entities and supporting statement of factual basis to the Chief Counsel 
for Advocacy of the Small Business Administration for review under 5 
U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of CFLKs, GSILs, IRLs, ceiling fans, consumer 
furnaces and boilers (except for electric steam boilers), consumer 
water heaters, dishwashers, CCWs, battery chargers, and DPPPs must 
certify to DOE that their products comply with any applicable energy 
conservation standards. To certify compliance, manufacturers must first 
obtain test data for their products according to the DOE test 
procedures, including any amendments adopted for those test procedures. 
DOE's current reporting requirements are approved under OMB Control 
Number 1910-1400.
1. Description of the Requirements
    DOE is amending the reporting requirements for CFLKs, GSILs, IRLs, 
ceiling fans, consumer furnaces and boilers, consumer water heaters, 
dishwashers, CCWs, battery chargers, and DPPPs, and has sent a revised 
information collection request to OMB under the existing Control Number 
1910-1400. The revisions will just reflect the changes proposed in this 
rulemaking as an amendment to the existing information collection.
2. Method of Collection
    DOE is requiring that respondents submit electronic forms using 
DOE's online CCMS. DOE's CCMS is publicly accessible at 
www.regulations.doe.gov/ccms, and includes instructions for users, 
registration forms, and the product-specific reporting templates 
required for use when submitting information to CCMS.
3. Data
    The following are DOE estimates of the total annual reporting and 
recordkeeping burden imposed on manufacturers of CFLKs, GSILs, IRLs, 
ceiling fans, consumer furnaces and boilers, consumer water heaters, 
dishwashers, CCWs, battery chargers, and DPPPs subject to the amended 
certification reporting requirements adopted in this final rule. These 
estimates take into account the time necessary to develop any 
additional testing documentation, maintain any additional documentation 
supporting the development of the certified rating for each basic 
model, complete any additional certification, and submit any additional 
required documents to DOE electronically.
    DOE has determined that these amendments will not impose additional 
costs for manufacturers of CFLKs, GSILs, IRLs, ceiling fans, 
dishwashers, CCWs, battery chargers, most consumer furnaces and 
boilers, and most consumer water heaters, because manufacturers of 
these products or equipment are already submitting certification 
reports to DOE and should have readily available the information that 
DOE is requiring as part of this rulemaking. DOE has also determined 
that these amendments will not impose additional costs for 
manufacturers of DPPPs because the adopted language only clarifies the 
existing certification requirements.
    DOE's amendments for the reporting requirements for electric steam 
boilers will require new certification reporting for electric steam 
boilers manufacturers and importers. DOE estimates there are five 
manufacturers of electric steam boilers that would have to submit 
annual certification reports to DOE for those products based on the 
adopted reporting requirements. The following section estimates the 
burden for these five electric steam boiler manufacturers.
    OMB Control Number: 1910-1400.
    Form Number: DOE F 220.7.
    Type of Review: Regular submission.
    Affected Public: Domestic manufacturers and importers of electric 
steam boilers covered by this rulemaking.
    Estimated Number of Respondents: 5.
    Estimated Time per Response: Certification reports, 35 hours.
    Estimated Total Annual Burden Hours: 175.
    Estimated Total Annual Cost to the Manufacturers: $17,500 in 
recordkeeping/reporting costs.
    For grid-enabled consumer water heaters, DOE is adding reporting 
requirements to 10 CFR 429.17 that will require manufacturers and 
importers to report the total number of grid-enabled water heaters 
shipped each year in accordance with the requirement in EPCA. The 
following are DOE estimates of the total annual reporting and 
recordkeeping burden imposed on manufacturers of grid-enabled consumer 
water heaters subject to the reporting provisions in this final rule. 
These estimates take into account the time necessary to develop testing 
documentation, maintain all the documentation supporting the 
development of the certified rating for each basic model, complete the 
certification, and submit all required documents to DOE electronically.
    OMB Control Number: 1910-1400.
    Form Number: DOE F 220.92.
    Type of Review: Regular submission.
    Affected Public: Manufacturers and importers of grid-enabled 
consumer water heaters covered by this rulemaking.
    Estimated Number of Respondents: 4.
    Estimated Time per Response: Certification reports, 35 hours.
    Estimated Total Annual Burden Hours: 140.
    Estimated Total Annual Cost to the Manufacturers: $14,000 in 
recordkeeping/reporting costs.
4. Conclusion
    DOE has concluded that the removal of outdated reporting 
requirements and the addition of reporting requirements as adopted in 
this final rule will not impose additional costs for manufacturers of 
CFLKs, GSILs, IRLs, ceiling fans, most consumer furnaces and boilers, 
dishwashers, CCWs, battery chargers, and DPPPs (see sections III.A.3, 
III.B.3, III.C.3, III.D.3, III.F.3, III.G.3, III.H.3, and III.I.3 of 
this document for a more complete discussion). Furthermore, DOE has 
concluded that there are five electric

[[Page 43975]]

steam boiler manufacturers and four consumer water heater manufacturers 
that will have to submit new annual certification reports to DOE for 
those products. For all other manufacturers of covered products or 
equipment described in this final rule, the public reporting burden for 
certification remains unchanged.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this final rule, DOE establishes amended certification and 
reporting requirements for CFLKs, GSILs and IRLs, ceiling fans, 
consumer furnaces and boilers (except electric steam boilers), 
dishwashers, CCWs, battery chargers, and DPPPs. DOE has determined that 
this rule falls into a class of actions that are categorically excluded 
from review under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and DOE's implementing regulations at 10 CFR part 
1021. Specifically, DOE has determined that adopting certification and 
reporting requirements for consumer products and industrial equipment 
is consistent with activities identified in 10 CFR part 1021, appendix 
A to subpart D, A5 and A6. Accordingly, neither an environmental 
assessment nor an environmental impact statement is required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 
1999), imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have federalism implications. The Executive order requires agencies to 
examine the constitutional and statutory authority supporting any 
action that would limit the policymaking discretion of the States and 
to carefully assess the necessity for such actions. The Executive order 
also requires agencies to have an accountable process to ensure 
meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications. 
On March 14, 2000, DOE published a statement of policy describing the 
intergovernmental consultation process it will follow in the 
development of such regulations. 65 FR 13735. DOE examined this final 
rule and determined that it will not have a substantial direct effect 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government. EPCA governs and prescribes Federal 
preemption of State regulations as to energy conservation for the 
products that are the subject of this final rule. States can petition 
DOE for exemption from such preemption to the extent, and based on 
criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is 
required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
eliminate drafting errors and ambiguity; (2) write regulations to 
minimize litigation; (3) provide a clear legal standard for affected 
conduct rather than a general standard; and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that executive agencies make every reasonable 
effort to ensure that the regulation: (1) clearly specifies the 
preemptive effect, if any; (2) clearly specifies any effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction; 
(4) specifies the retroactive effect, if any; (5) adequately defines 
key terms; and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires executive 
agencies to review regulations in light of applicable standards in 
sections 3(a) and 3(b) to determine whether they are met, or it is 
unreasonable to meet one or more of them. DOE has completed the 
required review and determined that, to the extent permitted by law, 
this final rule meets the relevant standards of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'') 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a regulatory action resulting in a rule that may cause the 
expenditure by State, local, and Tribal governments, in the aggregate, 
or by the private sector of $100 million or more in any one year 
(adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; also available 
at www.energy.gov/gc/office-general-counsel. DOE examined this final 
rule according to UMRA and its statement of policy and determined that 
the rule contains neither an intergovernmental mandate, nor a mandate 
that may result in the expenditure of $100 million or more in any year, 
so these requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This final rule will not have any impact on the autonomy or integrity 
of the family as an institution. Accordingly, DOE has concluded that it 
is not necessary to prepare a Family Policymaking Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights,'' 53 FR 8859 (March 18, 1988), that this regulation will not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by

[[Page 43976]]

each agency pursuant to general guidelines issued by OMB. OMB's 
guidelines were published at 67 FR 8452 (Feb. 22, 2002), and DOE's 
guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant to 
OMB Memorandum M-19-15, Improving Implementation of the Information 
Quality Act (April 24, 2019), DOE published updated guidelines which 
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has 
reviewed this final rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any significant energy action. A 
``significant energy action'' is defined as any action by an agency 
that promulgated or is expected to lead to promulgation of a final 
rule, and that (1) is a significant regulatory action under Executive 
Order 12866, or any successor order; and (2) is likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any significant energy action, the 
agency must give a detailed statement of any adverse effects on energy 
supply, distribution, or use if the regulation is implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    This regulatory action is not a significant regulatory action under 
Executive Order 12866. Moreover, it would not have a significant 
adverse effect on the supply, distribution, or use of energy, nor has 
it been designated as a significant energy action by the Administrator 
of OIRA. Therefore, it is not a significant energy action, and, 
accordingly, DOE has not prepared a Statement of Energy Effects.

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

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977 (15 U.S.C. 788; 
``FEAA''). Section 32 essentially provides in relevant part that, where 
a proposed rule authorizes or requires use of commercial standards, the 
notice of proposed rulemaking must inform the public of the use and 
background of such standards. In addition, section 32(c) requires DOE 
to consult with the Attorney General and the Chairman of the Federal 
Trade Commission (``FTC'') concerning the impact of the commercial or 
industry standards on competition.
    The modifications to the certification reporting requirements for 
CFLKs, GSILs, IRLs, ceiling fans, consumer furnaces and boilers, 
consumer water heaters, dishwashers, CCWs, battery chargers, and DPPPs 
adopted in this final rule do not incorporate testing methods contained 
in any commercial standards.

M. Materials Incorporated by Reference

    The Director of the Federal Register previously approved the 
following standards from the Association of Home Appliance 
Manufacturers (``AHAM'') and the American National Standards Institute 
(``ANSI'') for incorporation by reference into Sec. Sec.  429.19 and 
429.59: ANSI/AHAM DW-1-2010, ``Household Electric Dishwashers'', and 
NSF International (NSF)/ANSI 50-2015, ``Equipment For Swimming Pools, 
Spas, Hot Tubs and Other Recreational Water Facilities,'' Annex C--
``Test methods for the evaluation of centrifugal pumps,'' Section C.3, 
``self-priming capability.''

N. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this rule before its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects in 10 CFR Part 429

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements, Small businesses.

Signing Authority

    This document of the Department of Energy was signed on July 14, 
2022, by Kelly J. Speakes-Backman, Principal Deputy Assistant Secretary 
for Energy Efficiency and Renewable Energy, pursuant to delegated 
authority from the Secretary of Energy. That document with the original 
signature and date is maintained by DOE. For administrative purposes 
only, and in compliance with requirements of the Office of the Federal 
Register, the undersigned DOE Federal Register Liaison Officer has been 
authorized to sign and submit the document in electronic format for 
publication, as an official document of the Department of Energy. This 
administrative process in no way alters the legal effect of this 
document upon publication in the Federal Register.

    Signed in Washington, DC, on July 15, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE amends part 429 of 
chapter II of title 10, Code of Federal Regulations as set forth below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority:  42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.


0
2. Section 429.12 is amended by revising paragraph (d) to read as 
follows:


Sec.  429.12  General requirements applicable to certification reports.

* * * * *
    (d) Annual filing. All data required by paragraphs (a) through (c) 
of this section shall be submitted to DOE annually, on or before the 
following dates:

[[Page 43977]]



                        Table 1 to Paragraph (d)
------------------------------------------------------------------------
           Product category               Deadline for data submission
------------------------------------------------------------------------
Portable air conditioners.............  February 1.
Fluorescent lamp ballasts; Compact      March 1.
 fluorescent lamps; General service
 fluorescent lamps, general service
 incandescent lamps, and incandescent
 reflector lamps; Candelabra base
 incandescent lamps and intermediate
 base incandescent lamps; Ceiling
 fans; Ceiling fan light kits;
 Showerheads; Faucets; Water closets;
 and Urinals.
Water heaters; Consumer furnaces; Pool  May 1.
 heaters; Commercial water heating
 equipment; Commercial packaged
 boilers; Commercial warm air
 furnaces; Commercial unit heaters;
 and Furnace fans.
Dishwashers; Commercial pre-rinse       June 1.
 spray valves; Illuminated exit signs;
 Traffic signal modules and pedestrian
 modules; and Distribution
 transformers.
Room air conditioners; Central air      July 1.
 conditioners and central air
 conditioning heat pumps; and
 Commercial heating, ventilating, air
 conditioning (HVAC) equipment.
Consumer refrigerators, refrigerator-   August 1.
 freezers, and freezers; Commercial
 refrigerators, freezers, and
 refrigerator-freezers; Automatic
 commercial ice makers; Refrigerated
 bottled or canned beverage vending
 machines; Walk-in coolers and walk-in
 freezers; and Consumer miscellaneous
 refrigeration products.
Torchieres; Dehumidifiers; Metal        September 1.
 halide lamp ballasts and fixtures;
 External power supplies; Pumps; and
 Battery chargers.
Residential clothes washers;            October 1.
 Residential clothes dryers; Direct
 heating equipment; Cooking products;
 and Commercial clothes washers.
------------------------------------------------------------------------

* * * * *

0
3. Section 429.17 is amended by adding a note before paragraph (a) and 
paragraph (c) to read as follows:


Sec.  429.17  Water heaters.

    Note 1 to Sec.  429.17.  Prior to February 17, 2023, 
certification reports must be submitted as required either in this 
section or 10 CFR 429.17 as it appears in the 10 CFR parts 200 
through 499 edition revised as of January 1, 2022. On or after 
February 17, 2023, certification reports must be submitted as 
required in this section.

* * * * *
    (c) Reporting of annual shipments for grid-enabled water heaters. 
Pursuant to 42 U.S.C. 6295(e)(6)(C)(i), manufacturers of grid-enabled 
water heaters must report the total number of grid-enabled water heater 
units shipped for sale in the U.S. by the manufacturer for the previous 
calendar year (i.e., January 1st through December 31st), as well as the 
calendar year that the shipments cover, starting on or before May 1, 
2023, and annually on or before May 1 each year thereafter. This 
information shall be reported separately from the certification report 
required under paragraph (b)(2) of this section, and must be submitted 
to DOE in accordance with the submission procedures set forth in Sec.  
429.12(h). DOE will consider the annual reported shipments to be 
confidential business information without the need for the manufacturer 
to request confidential treatment of the information pursuant to Sec.  
429.7(c).

0
4. Section 429.18 is amended by:
0
a. Revising the section heading;
0
b. Adding a note before paragraph (a); and
0
c. Revising paragraphs (a)(2)(vii) and (b)(2) and (3).
    The addition and revisions read as follows:


Sec.  429.18  Consumer furnaces.

    Note 1 to Sec.  429.18. Prior to February 17, 2023, 
certification reports must be submitted as required either in this 
section or 10 CFR 429.18 as it appears in the 10 CFR parts 200 
through 499 edition revised as of January 1, 2022. On or after 
February 17, 2023, certification reports must be submitted as 
required in this section.

    (a) * * *
    (2) * * *
    (vii) The represented value of annual fuel utilization efficiency 
must be rounded to the nearest one-tenth of a percentage point. The 
represented values of standby mode power and off mode power must be 
rounded to the nearest one-tenth of a watt.
    (b) * * *
    (2) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following public product-specific information:
    (i) For consumer furnaces and boilers: The annual fuel utilization 
efficiency (AFUE) in percent (%) and the input capacity in British 
thermal units per hour (Btu/h).
    (ii) For non-weatherized oil-fired furnaces (including mobile home 
furnaces), electric furnaces, and boilers: The standby mode power 
consumption (PW,SB) and off mode power consumption 
(PW,OFF) in watts.
    (3) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following additional product-specific information:
    (i) For cast-iron sectional boilers: A declaration of whether 
certification is based on linear interpolation or testing.
    (ii) For gas-fired hot water boilers and gas-fired steam boilers: A 
declaration that the manufacturer has not incorporated a constant-
burning pilot.
    (iii) For gas-fired hot water boilers, oil-fired hot water boilers, 
and electric hot water boilers: Whether the boiler is equipped with 
tankless domestic water heating coils, and if not, a declaration that 
the manufacturer has incorporated an automatic means for adjusting 
water temperature).
* * * * *

0
5. Section 429.19 is amended by:
0
a. Adding a note before paragraph (a); and
0
b. Revising paragraphs (b)(2) and (3).
    The addition and revisions read as follows:


Sec.  429.19  Dishwashers.

    Note 1 to Sec.  429.19. Prior to February 17, 2023, 
certification reports must be submitted as required either in this 
section or 10 CFR 429.19 as it appears in the 10 CFR parts 200 
through 499 edition revised as of January 1, 2022. On or after 
February 17, 2023, certification reports must be submitted as 
required in this section.

* * * * *
    (b) * * *
    (2) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following public product-specific information: The 
estimated annual energy use in kilowatt hours per year (kWh/yr), the 
water consumption in gallons per cycle, and the capacity in number of 
place settings as specified in ANSI/AHAM DW-1-2010 (incorporated by 
reference, see Sec.  429.4).
    (3) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following additional product-specific information:
    (i) The presence of a soil sensor, and if yes, the number of cycles 
required to reach calibration;
    (ii) The water inlet temperature used for testing in degrees 
Fahrenheit ([deg]F);

[[Page 43978]]

    (iii) The cycle selected for the energy test and whether that cycle 
is soil-sensing;
    (iv) The options selected for the energy test;
    (v) Presence of a built-in water softening system, and if yes, the 
energy use in kilowatt-hours and the water use in gallons required for 
each regeneration of the water softening system, the number of 
regeneration cycles per year, and data and calculations used to derive 
these values; and
    (vi) Indication of whether Cascade Complete powder was used as the 
detergent formulation in lieu of Cascade with the Grease Fighting Power 
of Dawn powder.

0
6. Section 429.27 is amended by:
0
a. Adding a note before paragraph (a); and
0
b. Revising paragraphs (b)(2)(ii) and (iii).
    The addition and revisions read as follows:


Sec.  429.27  General service fluorescent lamps, general service 
incandescent lamps, and incandescent reflector lamps.

    Note 1 to Sec.  429.27.  Prior to February 17, 2023, 
certification reports must be submitted as required either in this 
section or 10 CFR 429.27 as it appears in the 10 CFR parts 200 
through 499 edition revised as of January 1, 2022. On or after 
February 17, 2023, certification reports must be submitted as 
required in this section.

* * * * *
    (b) * * *
    (2) * * *
    (ii) For incandescent reflector lamps: The testing laboratory's 
International Laboratory Accreditation Cooperation (ILAC) accreditation 
body's identification number or other approved identification assigned 
by the ILAC accreditation body, production dates of the units tested, 
the 12-month average lamp efficacy in lumens per watt (lm/W), lamp 
wattage (W), rated voltage (V), diameter in inches, and CRI.
    (iii) For general service incandescent lamps: The testing 
laboratory's ILAC accreditation body's identification number or other 
approved identification assigned by the ILAC accreditation body, 
production dates of the units tested, the 12-month average maximum rate 
wattage in watts (W), the 12-month average minimum rated lifetime 
(hours), the 12-month average CRI, and initial lumen output in lumens 
(lm).
* * * * *

0
7. Section 429.32 is amended by:
0
a. Adding a note before paragraph (a);
0
b. Revising paragraph (b); and
0
c. Adding paragraph (c).
    The revision and additions read as follows:


Sec.  429.32  Ceiling fans.

    Note 1 to Sec.  429.32. Prior to February 17, 2023, 
certification reports must be submitted as required either in this 
section or 10 CFR 429.32 as it appears in the 10 CFR parts 200 
through 499 edition revised as of January 1, 2022. On or after 
February 17, 2023, certification reports must be submitted as 
required in this section.

* * * * *
    (b) Certification reports. (1) The requirements of Sec.  429.12 are 
applicable to ceiling fans; and
    (2) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following public product-specific information:
    (i) For all ceiling fans: Blade span (in), and the number of speed 
control settings.
    (ii) For small-diameter ceiling fans: A declaration of whether the 
ceiling fan is a multi-head ceiling fan, and the ceiling fan efficiency 
(CFM/W).
    (iii) For large-diameter ceiling fans: Ceiling fan energy index 
(CFEI) for high speed, and 40 percent speed or the nearest speed that 
is not less than 40 percent speed.
    (3) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following additional product-specific information:
    (i) For all ceiling fans: A declaration that the manufacturer has 
incorporated the applicable design requirements.
    (ii) For small-diameter ceiling fans: Standby power, blade edge 
thickness (in), airflow (CFM) at high speed, and blade revolutions per 
minute (RPM) at high speed.
    (iii) For low-speed small-diameter ceiling fans: The distance (in) 
between the ceiling and the lowest point on the fan blades (in both 
hugger and standard configurations for multi-mount fans).
    (c) Rounding requirements. Any represented value of ceiling fan 
efficiency, as described in paragraph (a)(2)(i) of this section, must 
be expressed in cubic feet per minute per watt (CFM/W) and rounded to 
the nearest whole number. Any represented value of ceiling fan energy 
index, as described in paragraph (a)(2)(i) of this section, must be 
expressed in CFEI and rounded to the nearest hundredth.

0
8. Section 429.33 is amended by:
0
a. Adding a note before paragraph (a); and
0
b. Revising paragraphs (b) and (c).
    The addition and revisions read as follows:


Sec.  429.33  Ceiling fan light kits.

    Note 1 to Sec.  429.33. Prior to February 17, 2023, 
certification reports must be submitted as required either in this 
section or 10 CFR 429.33 as it appears in the 10 CFR parts 200 
through 499 edition revised as of January 1, 2022. On or after 
February 17, 2023, certification reports must be submitted as 
required in this section.

* * * * *
    (b) Certification reports. (1) The requirements of Sec.  429.12 are 
applicable to ceiling fan light kits; and
    (2) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following public product-specific information:
    (i) For ceiling fan light kits manufactured prior to January 1, 
2020:
    (A) For ceiling fan light kits with sockets for medium screw base 
lamps: The rated wattage in watts (W) and the system's efficacy in 
lumens per watt (lm/W).
    (B) For ceiling fan light kits with pin-based sockets for 
fluorescent lamps: The rated wattage in watts (W), the system's 
efficacy in lumens per watt (lm/W), and the length of the lamp in 
inches (in).
    (C) For ceiling fan light kits with any other socket type: The 
rated wattage in watts (W) and the number of individual sockets.
    (ii) For ceiling fan light kits manufactured on or after January 1, 
2020:
    (A) For each basic model of lamp and/or each basic model of 
integrated solid-state lighting (SSL) circuitry packaged with the 
ceiling fan light kit, the brand, basic model number, test sample size, 
kind of lamp (i.e., general service fluorescent lamp (GSFL); 
fluorescent lamp with a pin base that is not a GSFL; compact 
fluorescent lamp (CFL) with a medium screw base; CFL with a base that 
is not medium screw base [e.g., candelabra base]; other fluorescent 
lamp [not GSFL or CFL]; general service incandescent lamp (GSIL); 
candelabra base incandescent lamp; intermediate base incandescent lamp; 
incandescent reflector lamp; other incandescent lamp [not GSIL, IRL, 
candelabra base or intermediate base incandescent lamp]; integrated LED 
lamp; integrated SSL circuitry; other SSL products [not integrated LED 
lamp]; other lamp not specified), lumen output in lumens (lm), and 
efficacy in lumens per watt (lm/W).
    (B) For each lamp basic model identified in paragraph (b)(2)(ii)(A) 
of this section that is a compact fluorescent lamp with a medium screw 
base, the lumen maintenance at 40 percent of lifetime in percent (%) 
(and whether the value is estimated), the lumen maintenance at 1,000 
hours in percent (%), the lifetime in hours (h) (and whether the value 
is estimated), and the sample size for rapid cycle stress testing and 
results in number of units passed (and whether the value is

[[Page 43979]]

estimated). Estimates of lifetime, lumen maintenance at 40 percent of 
lifetime, and rapid cycle stress test surviving units may be reported 
until testing is complete. Manufacturers are required to maintain 
records of the development of all estimated values and any associated 
initial test data in accordance with Sec.  429.71.
    (3) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following additional product-specific information:
    (i) For ceiling fan light kits with any other socket type 
manufactured prior to January 1, 2020, a declaration that the basic 
model meets the applicable design requirement, and the features that 
have been incorporated into the ceiling fan light kit to meet the 
applicable design requirement (e.g., circuit breaker, fuse, ballast).
    (ii) For ceiling fan light kits manufactured on or after January 1, 
2020:
    (A) A declaration that the ceiling fan light kit is packaged with 
lamps sufficient to fill all of the lamp sockets;
    (B) For each basic model of lamp and/or each basic model of 
integrated SSL circuitry packaged with the ceiling fan light kit, a 
declaration that, where applicable, the lamp basic model was tested by 
a laboratory accredited as required under Sec.  430.25 of this chapter; 
and
    (C) For ceiling fan light kits with pin-based sockets for 
fluorescent lamps, a declaration that each ballast for such lamps is an 
electronic ballast.
    (c) Rounding requirements. (1) Any represented value of efficacy of 
ceiling fan light kits as described in paragraph (a) of this section 
must be expressed in lumens per watt and rounded to the nearest tenth 
of a lumen per watt.
    (2) Round lumen output to three significant digits.
    (3) Round lumen maintenance at 1,000 hours to the nearest tenth of 
a percent.
    (4) Round lumen maintenance at 40 percent of lifetime to the 
nearest tenth of a percent.
    (5) Round lifetime to the nearest whole hour.

0
9. Section 429.46 is amended by:
0
a. Adding a note before paragraph (a);
0
b. Revising paragraph (a)(2)(i) introductory text;
0
c. Adding paragraphs (a)(3) and (4);
0
d. Revising paragraph (b)(2); and
0
e. Adding paragraph (c).
    The revisions and additions read as follows:


Sec.  429.46  Commercial clothes washers.

    Note 1 to Sec.  429.46. Prior to February 17, 2023, 
certification reports must be submitted as required either in this 
section or 10 CFR 429.46 as it appears in the 10 CFR parts 200 
through 499 edition revised as of January 1, 2022. On or after 
February 17, 2023, certification reports must be submitted as 
required in this section.

    (a) * * *
    (2) * * *
    (i) Any represented value of the integrated water factor or other 
measure of energy or water consumption of a basic model for which 
consumers would favor lower values shall be greater than or equal to 
the higher of:
* * * * *
    (3) The clothes container capacity of a basic model reported in 
accordance with paragraph (b)(2) of this section shall be the mean of 
the measured clothes container capacity (C) of all tested units of the 
basic model.
    (4) The corrected remaining moisture content (RMC) of a basic model 
reported in accordance with paragraph (b)(2) of this section shall be 
the mean of the final RMC value measured for all tested units of the 
basic model.
    (b) * * *
    (2) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following public product-specific information:
    (i) The modified energy factor (MEFJ2), in cubic feet 
per kilowatt-hour per cycle (cu ft/kWh/cycle);
    (ii) The integrated water factor (IWF), in gallons per cycle per 
cubic feet (gal/cycle/cu ft);
    (iii) The clothes container capacity, in cubic feet (cu ft);
    (iv) The type of loading (top-loading or front-loading); and
    (v) The corrected RMC (expressed as a percentage).
    (c) Reported values. Values reported pursuant to this section must 
be rounded as follows: Clothes container capacity to the nearest 0.1 cu 
ft, and corrected RMC to the nearest 0.1 percentage point.

0
10. Section 429.59 is amended by:
0
a. Adding a note before paragraph (a); and
0
b. Revising paragraphs (b)(2)(iv) and (b)(3)(iv).
    The addition and revisions read as follows:


Sec.  429.59  Pumps.

    Note 1 to Sec.  429.59. Prior to February 17, 2023, 
certification reports must be submitted as required either in this 
section or 10 CFR 429.59 as it appears in the 10 CFR parts 200 
through 499 edition revised as of January 1, 2022. On or after 
February 17, 2023, certification reports must be submitted as 
required in this section.

* * * * *
    (b) * * *
    (2) * * *
    (iv) For a dedicated-purpose pool pump (other than an integral 
cartridge-filter or sand-filter pool pump): weighted energy factor 
(WEF) in kilogallons per kilowatt-hour (kgal/kWh); rated hydraulic 
horsepower in horsepower (hp); the speed configuration for which the 
pump is being rated (i.e., single-speed, two-speed, multi-speed, or 
variable-speed); true power factor at all applicable test procedure 
load points i (dimensionless), as specified in Table 1 of appendix B or 
C to subpart Y of part 431 of this chapter, as applicable; dedicated-
purpose pool pump nominal motor horsepower in horsepower (hp); 
dedicated-purpose pool pump motor total horsepower in horsepower (hp); 
dedicated-purpose pool pump service factor (dimensionless); for self-
priming pool filter pumps and non-self-priming pool filter pumps: the 
maximum head (in feet) which is based on the mean of the units in the 
tested sample; a statement regarding whether freeze protection is 
shipped enabled or disabled; for dedicated-purpose pool pumps (DPPPs) 
distributed in commerce with freeze protection controls enabled: the 
default dry-bulb air temperature setting (in [deg]F), default run time 
setting (in minutes), and default motor speed (in rpm); for self-
priming pool filter pumps a statement regarding whether the pump is 
certified with NSF/ANSI 50-2015 (incorporated by reference, see Sec.  
429.4) as self-priming; and, for self-priming pool filter pumps that 
are not certified with NSF/ANSI 50-2015 as self-priming: the vertical 
lift (in feet) and true priming time (in minutes) for the DPPP model.
* * * * *
    (3) * * *
    (iv) For a dedicated-purpose pool pump (other than an integral 
cartridge-filter or sand-filter pool pump): Calculated driver power 
input and flow rate at each load point i (Pi and 
Qi), in horsepower (hp) and gallons per minute (gpm), 
respectively.
* * * * *

0
11. Section 429.70 is amended by adding paragraph (i) to read as 
follows:


Sec.  429.70  Alternative methods for determining energy efficiency and 
energy use.

* * * * *
    (i) Alternative determination of standby mode and off mode power 
consumption for untested basic models of consumer furnaces and consumer 
boilers. For models of consumer furnaces or consumer boilers that have

[[Page 43980]]

identical standby mode and off mode power consuming components, ratings 
for untested basic models may be established in accordance with the 
following procedures in lieu of testing. This method allows only for 
the use of ratings identical to those of a tested basic model as 
provided in paragraphs (i)(1) and (2) of this section; simulations or 
other modeling predictions for ratings for standby mode power 
consumption and off mode power consumption are not permitted.
    (1) Consumer furnaces. Rate the standby mode and off mode power 
consumption of an untested basic model of a consumer furnace using the 
standby mode and off mode power consumption obtained from a tested 
basic model as a basis for ratings if all aspects of the electrical 
components, controls, and design that impact the standby mode power 
consumption and off mode power consumption are identical.
    (2) Consumer boilers. Rate the standby mode and off mode power 
consumption of an untested basic model of a consumer boiler using the 
standby mode and off mode power consumption obtained from a tested 
basic model as a basis for ratings if all aspects of the electrical 
components, controls, and design that impact the standby mode power 
consumption and off mode power consumption are identical.

[FR Doc. 2022-15474 Filed 7-21-22; 8:45 am]
BILLING CODE 6450-01-P