[Federal Register Volume 88, Number 61 (Thursday, March 30, 2023)]
[Rules and Regulations]
[Pages 18965-18983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06178]



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 Rules and Regulations
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  Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Rules 
and Regulations  

[[Page 18965]]



DEPARTMENT OF ENERGY

10 CFR Part 431

[EERE-2018-BT-STD-0003]
RIN 1904-AE42


Energy Conservation Program: Energy Conservation Standards for 
Variable Refrigerant Flow Multi-Split Air Conditioners and Heat Pumps

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

ACTION: Final rule.

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

SUMMARY: The Energy Policy and Conservation Act, as amended (EPCA), 
prescribes energy conservation standards for various consumer products 
and certain commercial and industrial equipment, including small, 
large, and very large commercial package air conditioning and heating 
equipment, of which variable refrigerant flow (VRF) multi-split air 
conditioners and VRF multi-split system heat pumps (collectively 
referred to as ``VRF multi-split systems'') are a category. EPCA 
requires the U.S. Department of Energy (DOE or the Department) to 
consider the need for amended standards each time American Society of 
Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) Standard 
90.1 is amended with respect to the standard levels or design 
requirements applicable to that equipment, or periodically under a six-
year-lookback review provision. In this final rule, DOE is adopting 
amended energy conservation standards for VRF multi-split systems that 
rely on a new cooling efficiency metric and are equivalent to those 
levels specified in ASHRAE Standard 90.1. DOE has determined that it 
lacks the clear and convincing evidence required by the statute to 
adopt standards more stringent than the levels specified in the 
industry standard.

DATES: 
    Effective date: The effective date of this rule is May 30, 2023.
    Compliance date: Compliance with the amended standards established 
for VRF multi-split systems in this final rule is required on and after 
January 1, 2024.

ADDRESSES: The docket for this rulemaking, which includes Federal 
Register notices, public meeting attendee lists and transcripts, 
comments, and other supporting documents/materials, is available for 
review at www.regulations.gov. All documents in the docket are listed 
in the www.regulations.gov index. However, not all documents listed in 
the index may be publicly available, such as information that is exempt 
from public disclosure.
    The docket web page can be found at www.regulations.gov/docket/EERE-2018-BT-STD-0003. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket.

FOR FURTHER INFORMATION CONTACT: Ms. Catherine Rivest, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-7335. Email: 
[email protected].
    Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 586-5827. Email: [email protected].
    For further information on how to review the docket, contact the 
Appliance and Equipment Standards Program staff at (202) 287-1445 or by 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Synopsis of the Final Rule
II. Introduction
    A. Authority
    B. Background
    1. Current Standards
    2. ASHRAE Standard 90.1-2016
    3. ASRAC Negotiations
    4. Proposed Standards
III. General Discussion
    A. Test Procedure
    B. Methodology for Efficiency Crosswalk Analysis
    1. Crosswalk Background and Overview
    2. Crosswalk Details and Results
    3. Equipment Class Structure for VRFs
IV. Estimates of Potential Energy Savings
V. Conclusions
    A. Consideration of More-Stringent Efficiency Levels
    B. Review Under the Six-Year-Lookback Provision
    C. Amended Energy Conservation Standards
VI. 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 the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under the Information Quality Bulletin for Peer Review
    M. Congressional Notification
VII. Approval of the Office of the Secretary

I. Synopsis of the Final Rule

    The Energy Policy and Conservation Act, Public Law 94-163, (42 
U.S.C. 6291-6317, as codified) as amended (EPCA),\1\ authorizes DOE to 
regulate the energy efficiency of a number of consumer products and 
certain industrial equipment. Title III, Part C \2\ of EPCA established 
the Energy Conservation Program for Certain Industrial Equipment. (42 
U.S.C. 6311-6317) Such equipment includes small, large, and very large 
commercial package air conditioning and heating equipment, of which VRF 
multi-split systems, the subject of this rulemaking, are a category. 
(42 U.S.C. 6311(1)(B)-(D))
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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 C was re-designated Part A-1.
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    Pursuant to EPCA, DOE is triggered to consider amending the energy 
conservation standards for certain types of commercial and industrial 
equipment, including the equipment at issue in this document, whenever 
the

[[Page 18966]]

ASHRAE amends the standard levels or design requirements prescribed in 
ASHRAE Standard 90.1, ``Energy Standard for Buildings Except Low-Rise 
Residential Buildings.'' Under a separate provision of EPCA, DOE is 
required to review the existing energy conservation standards for those 
types of covered equipment subject to ASHRAE Standard 90.1 every six 
years to determine whether those standards need to be amended. (42 
U.S.C. 6313(a)(6)(A)-(C))
    More specifically, under the ``ASHRAE trigger'' provision, EPCA 
directs that for each type of covered equipment, if ASHRAE Standard 
90.1 is amended, DOE must adopt amended energy conservation standards 
at the new efficiency level in ASHRAE Standard 90.1, unless clear and 
convincing evidence supports a determination that adoption of a more-
stringent efficiency level would produce significant additional energy 
savings and be technologically feasible and economically justified. (42 
U.S.C. 6313(a)(6)(A)(ii)) If DOE adopts as a uniform national standard 
the efficiency level specified in the amended ASHRAE Standard 90.1, DOE 
must establish such standard not later than 18 months after publication 
of the amended industry standard. (42 U.S.C. 6313(a)(6)(A)(ii)(I)) If 
DOE determines that a more-stringent standard is appropriate under the 
statutory criteria, DOE must establish such more-stringent standard not 
later than 30 months after publication of the revised ASHRAE Standard 
90.1. (42 U.S.C. 6313(a)(6)(B)(i))
    Under EPCA, DOE must also review its energy conservation standards 
for VRF multi-split systems every six years and either: (1) issue a 
notice of determination that the standards do not need to be amended, 
as adoption of a more-stringent level under the relevant statutory 
criteria is not supported by clear and convincing evidence; or (2) 
issue a notice of proposed rulemaking including new proposed standards 
based on certain criteria and procedures in subparagraph (B).\3\ (42 
U.S.C. 6313(a)(6)(C)(i))
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    \3\ In relevant part, subparagraph (B) specifies that: (1) in 
making a determination of economic justification, DOE must consider, 
to the maximum extent practicable, the benefits and burdens of an 
amended standard based on the seven criteria described in EPCA; (2) 
DOE may not prescribe any standard that increases the energy use or 
decreases the energy efficiency of a covered equipment; and (3) DOE 
may not prescribe an amended standard that interested persons have 
established by a preponderance of evidence is likely to result in 
the unavailability in the United States of any product type (or 
class) of performance characteristics (including reliability, 
features, sizes, capacities, and volumes) that are substantially the 
same as those generally available in the United States. (42 U.S.C. 
6313(a)(6)(B)(ii)-(iii))
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    ASHRAE officially released ASHRAE Standard 90.1-2016 on October 26, 
2016, thereby triggering DOE's previously referenced obligations 
pursuant to EPCA to determine for certain classes of VRF multi-split 
systems, whether: (1) the amended industry standard should be adopted; 
or (2) clear and convincing evidence exists to justify more-stringent 
standard levels. For any class where DOE was not triggered, the 
Department routinely considers those classes under the statute's six-
year-lookback review provision at the same time, so as to address the 
subject equipment in a comprehensive fashion.
    The current Federal energy conservation standards for air-cooled 
VRF multi-split systems with cooling capacity greater than or equal to 
65,000 Btu/h and water-source VRF multi-split heat pumps (denominated 
in terms of EER and COP) are codified in DOE's regulations at 10 CFR 
431.97. These standards are specified in terms of Energy Efficiency 
Ratio (EER) for cooling mode and Coefficient of Performance (COP) for 
heating mode based on the Federal test procedure at 10 CFR 431.96, 
which points to applicable appendix D which in turn references American 
National Standards Institute (ANSI)/Air-Conditioning, Heating, and 
Refrigeration Institute (AHRI) Standard 1230-2010, ``2010 Standard for 
Performance Rating of Variable Refrigerant Flow (VRF) Multi-Split Air-
Conditioning and Heat Pump Equipment,'' approved August 2, 2010 and 
updated by Addendum 1 in March 2011 (ANSI/AHRI 1230-2010).
    The current Federal energy conservation standards for air-cooled, 
three-phase VRF multi-split systems with cooling capacity less than 
65,000 Btu/h are also codified in 10 CFR 431.97. These standards are 
specified in terms of Seasonal Energy Efficiency Ratio (SEER) for 
cooling mode and Heating Seasonal Performance Factor (HSPF) for heating 
mode based on the rating conditions in ANSI/AHRI 1230-2010. Although 
the current standards levels are based on the same test procedure as 
used for all other categories of VRF systems (i.e., air-cooled VRF 
multi-split systems with cooling capacity greater than or equal to 
65,000 Btu/h and water-source VRF multi-split systems), the 
organizations that maintain the industry consensus test procedures have 
recently updated their scope such that air-cooled, three-phase VRF 
multi-split systems with cooling capacity less than 65,000 Btu/h are 
now covered under AHRI 210/240-2023 instead of AHRI 1230-2021. 
Consequently, DOE addressed test procedures for air-cooled, three-phase 
VRF multi-split systems with cooling capacity less than 65,000 Btu/h in 
a separate test procedure rulemaking for air-cooled, three-phase, small 
commercial package air conditioning and heating equipment with cooling 
capacity less than 65,000 Btu/h (see 87 FR 77298 (Dec. 16, 2022)) 
instead of in the test procedure rulemaking for VRF multi-split systems 
(see 87 FR 63860 (Oct. 20, 2022)). Accordingly, DOE is not evaluating 
the Federal energy conservation standards for such equipment in this 
document and is instead addressing energy conservation standards for 
air-cooled, three-phase VRF multi-split systems with cooling capacity 
less than 65,000 Btu/h in a separate energy conservation standards 
rulemaking for air-cooled, three-phase, small commercial package air 
conditioning and heating equipment with a cooling capacity of less than 
65,000 Btu/h (see 87 FR 18290 (March 30, 2022)).
    The efficiency levels set forth in ASHRAE Standard 90.1-2016 for 
VRF multi-split systems with cooling capacity 65,000 Btu/h or greater 
are specified in terms of both EER and Integrated Energy Efficiency 
Ratio (IEER) for cooling mode and COP for heating mode. These 
efficiency levels are based on the rating conditions of ANSI/AHRI 
Standard 1230-2014 with addendum 1 (ANSI/AHRI 1230-2014), which are 
identical rating conditions to those found in AHRI 1230-2010. The EER 
levels found in ASHRAE 90.1-2016 are unchanged from the current Federal 
EER requirements; however, for certain classes of water-source VRF 
multi-split heat pumps, the COP levels specified in ASHRAE Standard 
90.1-2016 are more stringent. See additional discussion in section 
II.B.2 of this document.
    On April 11, 2018, DOE published in the Federal Register a Notice 
of Intent to establish a negotiated rulemaking working group (Working 
Group) under the Appliance Standards and Rulemaking Federal Advisory 
Committee (ASRAC) to negotiate a proposed test procedure and amended 
energy conservation standards for VRF multi-split systems. 83 FR 15514. 
The Working Group reached consensus on an energy conservation standards 
term sheet (VRF ECS Term Sheet) on November 5, 2019, outlining 
recommended amended energy conservation standards for all equipment 
classes of VRF multi-split systems. The standard levels recommended by 
the Working Group in

[[Page 18967]]

the VRF ECS Term Sheet \4\ are in terms of the IEER and COP metrics and 
equivalent to the levels specified in ASHRAE Standard 90.1-2022.\5\ The 
levels recommended by the working group are measured according to the 
most recent industry test standard for VRF multi-split systems \6\--
AHRI Standard 1230, ``2021 Standard for Performance Rating of Variable 
Refrigerant Flow (VRF) Multi-Split Air-Conditioning and Heat Pump 
Equipment'' (AHRI 1230-2021), which is referenced in ASHRAE Standard 
90.1-2022. See additional discussion in section II.B.3 of this final 
rule.
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    \4\ The VRF ECS Term Sheet can be accessed at 
www.regulations.gov/document/EERE-2018-BT-STD-0003-0055.
    \5\ DOE notes that on October 24, 2019, ASHRAE officially 
released for distribution and made public ASHRAE Standard 90.1-2019. 
ASHRAE Standard 90.1-2019 maintained the equipment class structure 
for VRF multi-split systems from ASHRAE Standard 90.1-2016 and did 
not update efficiency levels for any VRF equipment classes. In 
January 2023, ASHRAE published ASHRAE Standard 90.1-2022, which 
updates the test procedure reference for VRF multi-split systems to 
AHRI 1230-2021. ASHRAE Standard 90.1-2022 also maintains IEER 
standard levels equivalent to those specified in ASHRAE Standard 
90.1-2019.
    \6\ The VRF ASRAC Working Group recommended a 2019 draft version 
of AHRI 1230 with additional recommendations for further development 
of the test standard outside of the Working Group. The 2019 draft of 
AHRI 1230 was later released as AHRI 1230-2021, which included the 
Working Group's recommendations.
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    As described in detail in section III.B of this document, DOE 
conducted a crosswalk analysis during the ASRAC negotiation meetings to 
validate the translation of the EER levels currently required by the 
DOE standards to IEER, as well as the IEER efficiency levels as 
recommended by the Working Group. DOE notes that IEER is a more 
comprehensive metric because it reflects the energy efficiency across a 
range of operating conditions, as opposed to the efficiency at a single 
condition. The crosswalk translates the current Federal EER standards 
(measured per the current DOE test procedure) to IEER levels of 
equivalent stringency (measured per the September 20, 2019 draft 
version of the AHRI 1230 standard). As described in section II.B.3 of 
this document, the recommended 2019 draft test procedure was later 
published as AHRI 1230-2021, and no substantive changes were made that 
impact crosswalk results. Differences in the metrics and test 
procedures cause the crosswalk analysis to yield a range of IEER values 
corresponding to a given EER value. DOE's translation of the current 
EER levels to IEER according to the updated test procedure shows that 
each value recommended by the Working Group is within the range 
resulting from DOE's evaluation. Given that the metric takes into 
account a wider breadth of energy consumption across a variety of 
operating conditions, DOE has determined that the recommended IEER 
values are at least equivalent in stringency to the current EER values. 
Further, given that IEER is a more comprehensive metric, DOE has 
concluded that the recommended IEER values would not decrease the 
minimum required energy efficiency of VRF basic models.
    Because the updates in AHRI 1230-2021 do not affect the measurement 
of COP, no crosswalk was required to evaluate the stringency of the COP 
levels proposed in the VRF ECS Term Sheet as compared to the existing 
Federal COP levels.
    In this final rule, DOE is adopting the energy conservation 
standard levels and the equipment class structure from ASHRAE Standard 
90.1-2016 for air-cooled VRF multi-split systems with cooling capacity 
greater than or equal to 65,000 Btu/h and for all water-source VRF 
multi-split heat pumps. The amended standards, which are expressed in 
terms of IEER and COP, are presented in Table I-1. These standards will 
apply to all VRF multi-split systems listed in Table I-1 manufactured 
in, or imported into, the United States starting on January 1, 2024. 
The amended standard levels are equivalent to the standard levels 
recommended by the Working Group in the VRF ECS Term Sheet. The amended 
equipment class structure differs from the existing DOE equipment class 
structure regarding capacity break points and designations based on 
heating type; however, DOE has concluded that none of the changes to 
the equipment class structure for VRF multi-split systems constitute 
backsliding.
    DOE has determined that the potential energy savings associated 
with adopting the ASHRAE 90.1-2016 standard levels for the triggered 
classes are de minimis. Also, as described in section V of this 
document, DOE has determined that insufficient data are available to 
determine, based on clear and convincing evidence, that more-stringent 
standards would result in significant additional energy savings and be 
technologically, feasible and economically justified. As such, DOE has 
not conducted further analysis of more-stringent standard levels for 
this final rule. Consequently, DOE is adopting the levels specified in 
ASHRAE Standard 90.1-2016, as required by EPCA.

                  Table I-1--Amended Energy Conservation Standards for VRF Multi-Split Systems
----------------------------------------------------------------------------------------------------------------
            Equipment type                  Size category             Heating type          Minimum efficiency
----------------------------------------------------------------------------------------------------------------
VRF Multi-Split Air Conditioners (Air- >=65,000 and <135,000    All....................  15.5 IEER.
 Cooled).                               Btu/h.
                                       >=135,000 and <240,000   All....................  14.9 IEER.
                                        Btu/h.
                                       >=240,000 Btu/h and      All....................  13.9 IEER.
                                        <760,000 Btu/h.
VRF Multi-Split Heat Pumps (Air-       >=65,000 and <135,000    Heat Pump without Heat   14.6 IEER, 3.3 COP.
 Cooled).                               Btu/h.                   Recovery.               14.4 IEER, 3.3 COP.
                                                                Heat Pump with Heat
                                                                 Recovery.
                                       >=135,000 and <240,000   Heat Pump without Heat   13.9 IEER, 3.2 COP.
                                        Btu/h.                   Recovery.               13.7 IEER, 3.2 COP.
                                                                Heat Pump with Heat
                                                                 Recovery.
                                       >=240,000 Btu/h and      Heat Pump without Heat   12.7 IEER, 3.2 COP.
                                        <760,000 btu/h.          Recovery.               12.5 IEER, 3.2 COP.
                                                                Heat Pump with Heat
                                                                 Recovery.
VRF Multi-Split Heat Pumps (Water-     <65,000 Btu/h..........  Heat Pump without Heat   16.0 IEER, 4.3 COP.
 Source).                                                        Recovery.               15.8 IEER, 4.3 COP.
                                                                Heat Pump with Heat
                                                                 Recovery.
                                       >=65,000 and <135,000    Heat Pump without Heat   16.0 IEER, 4.3 COP.
                                        Btu/h.                   Recovery.               15.8 IEER, 4.3 COP.
                                                                Heat Pump with Heat
                                                                 Recovery.
                                       >=135,000 and <240,000   Heat Pump without Heat   14.0 IEER, 4.0 COP.
                                        Btu/h.                   Recovery.               13.8 IEER, 4.0 COP.
                                                                Heat Pump with Heat
                                                                 Recovery.
                                       >=240,000 Btu/h and      Heat Pump without Heat   12.0 IEER, 3.9 COP.
                                        <760,000 Btu/h.          Recovery.               11.8 IEER, 3.9 COP.
                                                                Heat Pump with Heat
                                                                 Recovery.
----------------------------------------------------------------------------------------------------------------


[[Page 18968]]

II. Introduction

    The following section briefly discusses the statutory authority 
underlying this final rule, as well as some of the relevant historical 
background related to the establishment of standards for VRF multi-
split systems.

A. Authority

    EPCA, Public Law 94-163 (42 U.S.C. 6291-6317, as codified), among 
other things, authorizes DOE to regulate the energy efficiency of a 
number of consumer products and certain industrial equipment. Title 
III, Part C of EPCA, added by Public Law 95-619, Title IV, section 
441(a), (42 U.S.C. 6311-6317, as codified), established the Energy 
Conservation Program for Certain Industrial Equipment, which sets forth 
a variety of provisions designed to improve energy efficiency. This 
covered equipment includes small, large, and very large commercial 
package air conditioning and heating equipment, which includes the VRF 
multi-split systems that are the subject of this document. (42 U.S.C. 
6311(1)(B)-(D)) Additionally, as discussed in further detail 
subsequently, the statute requires DOE to consider amending the energy 
conservation standards for certain types of commercial and industrial 
equipment, including the equipment at issue in this document, whenever 
ASHRAE amends the efficiency levels or design requirements prescribed 
in ASHRAE Standard 90.1, and even in the absence of an ASHRAE trigger 
event, a separate provision of EPCA requires DOE to consider amended 
standards for such equipment, at a minimum, every six years. (42 U.S.C. 
6313(a)(6)(A)-(C))
    Under EPCA, the energy conservation program, 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. 6311), energy conservation standards (42 
U.S.C. 6313), test procedures (42 U.S.C. 6314), labeling provisions (42 
U.S.C. 6315), and the authority to require information and reports from 
manufacturers (42 U.S.C. 6316).
    Federal energy efficiency requirements for covered equipment 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6316(a) and (b); 42 U.S.C. 6297) DOE may, however, grant waivers 
of Federal preemption in limited circumstances for particular State 
laws or regulations, in accordance with the procedures and other 
provisions set forth under EPCA. (42 U.S.C. 6297(d); 42 U.S.C. 6316(a); 
42 U.S.C. 6316(b)(2)(D))
    Subject to certain criteria and conditions, DOE is required to 
develop test procedures to measure the energy efficiency, energy use, 
or estimated annual operating cost of covered equipment during a 
representative average use cycle and that are not unduly burdensome to 
conduct. (42 U.S.C. 6314(a)(2)) Manufacturers of covered equipment must 
use the Federal test procedures as the basis for: (1) certifying to DOE 
that their equipment complies with the applicable energy conservation 
standards adopted pursuant to EPCA (42 U.S.C. 6316(b); 42 U.S.C. 6296), 
and (2) making representations about the energy use or efficiency of 
that equipment (42 U.S.C. 6314(d)). Similarly, DOE uses these test 
procedures to determine whether the equipment complies with the 
relevant energy conservation standards promulgated under EPCA. The DOE 
test procedures for VRF multi-split systems appear at 10 CFR part 431, 
subpart F.
    ASHRAE Standard 90.1 sets industry energy efficiency levels for 
small, large, and very large commercial package air-conditioning and 
heating equipment, packaged terminal air conditioners, packaged 
terminal heat pumps, warm air furnaces, packaged boilers, storage water 
heaters, instantaneous water heaters, and unfired hot water storage 
tanks (collectively referred to as ``ASHRAE equipment''). For each type 
of listed equipment, EPCA directs that if ASHRAE amends ASHRAE Standard 
90.1 with respect to the standard levels or design requirements under 
that standard, DOE must adopt amended standards at the new ASHRAE 
efficiency level, unless DOE determines, supported by clear and 
convincing evidence,\7\ that adoption of a more-stringent level would 
produce significant additional conservation of energy and would be 
technologically feasible and economically justified. (42 U.S.C. 
6313(a)(6)(A)(ii)) If DOE makes such a determination, it must publish a 
final rule to establish the more-stringent standards. (42 U.S.C. 
6313(a)(6)(B)(i))
---------------------------------------------------------------------------

    \7\ The clear and convincing threshold is a heightened standard, 
and would only be met where the Secretary has an abiding conviction, 
based on available facts, data, and DOE's own analyses, that it is 
highly probable an amended standard would result in a significant 
additional amount of energy savings, and is technologically feasible 
and economically justified. American Public Gas Association v. U.S. 
Dep't of Energy, No. 20-1068, 2022 WL 151923, at *4 (D.C. Cir. 
January 18, 2022) (citing Colorado v. New Mexico, 467 U.S. 310, 316, 
104 S.Ct. 2433, 81 L.Ed.2d 247 (1984)).
---------------------------------------------------------------------------

    Although EPCA does not explicitly define the term ``amended'' in 
the context of what type of revision to ASHRAE Standard 90.1 would 
trigger DOE's obligation, DOE's longstanding interpretation has been 
that the statutory trigger is an amendment to the standard applicable 
to that equipment under ASHRAE Standard 90.1 that increases the energy 
efficiency level for that equipment. See 72 FR 10038, 10042 (March 7, 
2007). If the revised ASHRAE Standard 90.1 leaves the energy efficiency 
level unchanged (or lowers the energy efficiency level), as compared to 
the energy efficiency level specified by the uniform national standard 
adopted pursuant to EPCA, regardless of the other amendments made to 
the ASHRAE Standard 90.1 requirement (e.g., the inclusion of an 
additional metric), DOE has stated that it does not have the authority 
to conduct a rulemaking to consider a higher standard for that 
equipment pursuant to 42 U.S.C. 6313(a)(6)(A), although this does not 
limit DOE's authority to consider higher standards as part of a six-
year-lookback rulemaking analysis (pursuant to 42 U.S.C. 6313(a)(6)(C); 
see discussion in the following paragraphs). See 74 FR 36312, 36313 
(July 22, 2009) and 77 FR 28928, 28937 (May 16, 2012). If an amendment 
to ASHRAE Standard 90.1 changes the metric for the standard on which 
the Federal requirement was based, DOE would perform a crosswalk 
analysis to determine whether the amended metric under ASHRAE Standard 
90.1 resulted in an energy efficiency level that was more stringent 
than the current DOE standard. Under EPCA, DOE must also review its 
energy conservation standards for VRF multi-split systems every six 
years and either: (1) issue a notice of determination that the 
standards do not need to be amended, as adoption of a more-stringent 
level is not supported by clear and convincing evidence; or (2) issue a 
notice of proposed rulemaking including new proposed standards based on 
certain criteria and procedures in subparagraph (B).\8\ (42 U.S.C. 
6313(a)(6)(C))
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    \8\ In relevant part, subparagraph (B) specifies that: (1) in 
making a determination of economic justification, DOE must consider, 
to the maximum extent practicable, the benefits and burdens of an 
amended standard based on the seven criteria described in EPCA; (2) 
DOE may not prescribe any standard that increases the energy use or 
decreases the energy efficiency of covered equipment; and (3) DOE 
may not prescribe an amended standard that interested persons have 
established by a preponderance of evidence is likely to result in 
the unavailability in the United States of any product type (or 
class) of performance characteristics (including reliability, 
features, sizes, capacities, and volumes) that are substantially the 
same as those generally available in the United States. (42 U.S.C. 
6313(a)(6)(B)(ii)-(iii))

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[[Page 18969]]

    In deciding whether a more-stringent standard is economically 
justified, under either the provisions of 42 U.S.C. 6313(a)(6)(A) or 42 
U.S.C. 6313(a)(6)(C), DOE must determine whether the benefits of the 
standard exceed its burdens. DOE must make this determination after 
receiving comments on the proposed standard, and by considering, to the 
maximum extent practicable, the following seven factors:
    (1) The economic impact of the standard on manufacturers and 
consumers of products subject to the standard;
    (2) The savings in operating costs throughout the estimated average 
life of the covered products in the type (or class) compared to any 
increase in the price, initial charges, or maintenance expenses for the 
covered equipment that are likely to result from the standard;
    (3) The total projected amount of energy savings likely to result 
directly from the standard;
    (4) Any lessening of the utility or the performance of the covered 
product likely to result from the standard;
    (5) The impact of any lessening of competition, as determined in 
writing by the Attorney General, that is likely to result from the 
standard;
    (6) The need for national energy conservation; and
    (7) Other factors the Secretary of Energy considers relevant.

(42 U.S.C. 6313(a)(6)(B)(ii)(I)-(VII))
    EPCA, as codified, also contains what is known as an ``anti-
backsliding'' provision, which prevents the Secretary from prescribing 
any amended standard that either increases the maximum allowable energy 
use or decreases the minimum required energy efficiency of a covered 
product. (42 U.S.C. 6313(a)(6)(B)(iii)(I)) Also, the Secretary may not 
prescribe an amended or new standard if interested persons have 
established by a preponderance of the evidence that the standard is 
likely to result in the unavailability in the United States in any 
covered product type (or class) of performance characteristics 
(including reliability), features, sizes, capacities, and volumes that 
are substantially the same as those generally available in the United 
States. (42 U.S.C. 6313(a)(6)(B)(iii)(II)(aa)).

B. Background

1. Current Standards
    EPCA defines ``commercial package air conditioning and heating 
equipment'' as air-cooled, water-cooled, evaporatively-cooled, or 
water-source (not including ground-water-source) electrically operated, 
unitary central air conditioners and central air conditioning heat 
pumps for commercial application. (42 U.S.C. 6311(8)(A); 10 CFR 431.92) 
EPCA further classifies ``commercial package air conditioning and 
heating equipment'' into categories based on cooling capacity (i.e., 
small, large, and very large categories). (42 U.S.C. 6311(8)(B)-(D); 10 
CFR 431.92) ``Small commercial package air conditioning and heating 
equipment'' means equipment rated below 135,000 Btu per hour (cooling 
capacity). (42 U.S.C. 6311(8)(B); 10 CFR 431.92) ``Large commercial 
package air conditioning and heating equipment'' means equipment rated: 
(i) at or above 135,000 Btu per hour; and (ii) below 240,000 Btu per 
hour (cooling capacity). (42 U.S.C. 6311(8)(C); 10 CFR 431.92) ``Very 
large commercial package air conditioning and heating equipment'' means 
equipment rated: (i) at or above 240,000 Btu per hour; and (ii) below 
760,000 Btu per hour (cooling capacity). (42 U.S.C. 6311(8)(D); 10 CFR 
431.92)
    Pursuant to its authority under EPCA (42 U.S.C. 6313(a)(6)(A)) and 
in response to updates to ASHRAE Standard 90.1, DOE has established the 
category of VRF multi-split systems, which meets the EPCA definition of 
``commercial package air conditioning and heating equipment,'' but 
which EPCA did not expressly identify. See 10 CFR 431.92 and 10 CFR 
431.97.
    This final rule covers commercial and industrial equipment that 
meets the definition of ``variable refrigerant flow systems,'' included 
in the definition of ``basic model'' as codified at 10 CFR 431.92. More 
specifically, ``variable refrigerant flow systems'' means all units 
manufactured by one manufacturer within a single equipment class, 
having the same primary energy source (e.g., electric or gas), and 
which have the same or comparably performing compressor(s) that have a 
common ``nominal'' cooling capacity and the same heat rejection medium 
(e.g., air or water) (includes VRF water-source heat pumps). Id.
    A ``variable refrigerant flow multi-split air conditioner'' means a 
unit of commercial package air-conditioning and heating equipment that 
is configured as a split-system air conditioner incorporating a single 
refrigerant circuit, with one or more outdoor units, at least one 
variable-speed compressor or an alternate compressor combination for 
varying the capacity of the system by three or more steps, and multiple 
indoor fan coil units, each of which is individually metered and 
individually controlled by an integral control device and common 
communications network and which can operate independently in response 
to multiple indoor thermostats. Variable refrigerant flow implies three 
or more steps of capacity control on common, inter-connecting piping. 
10 CFR 431.92.
    A ``variable refrigerant flow multi-split heat pump'' means a unit 
of commercial package air-conditioning and heating equipment that is 
configured as a split-system heat pump that uses reverse cycle 
refrigeration as its primary heating source and which may include 
secondary supplemental heating by means of electrical resistance, 
steam, hot water, or gas. The equipment incorporates a single 
refrigerant circuit, with one or more outdoor units, at least one 
variable-speed compressor or an alternate compressor combination for 
varying the capacity of the system by three or more steps, and multiple 
indoor fan coil units, each of which is individually metered and 
individually controlled by a control device and common communications 
network and which can operate independently in response to multiple 
indoor thermostats. Variable refrigerant flow implies three or more 
steps of capacity control on common, inter-connecting piping. 10 CFR 
431.92.
    DOE adopted energy conservation standards for VRF multi-split 
systems in a final rule published in the Federal Register on May 16, 
2012 (May 2012 Final Rule). 77 FR 28928, 28995. DOE's initial standards 
for VRF multi-split systems were prompted by ASHRAE's decision to 
include minimum efficiency levels for VRF multi-split systems for the 
first time in the 2010 edition of ASHRAE Standard 90.1 (ASHRAE Standard 
90.1-2010). For four of the VRF water-source heat pump classes 
(including VRF water-source heat pumps with cooling capacity less than 
17,000 Btu/h and VRF water-source heat pumps with cooling capacity 
greater than or equal to 135,000 Btu/h and less than 760,000 Btu/h), 
DOE adopted the standard levels in ASHRAE Standard 90.1-2010, having 
determined that the updates to ASHRAE Standard 90.1-2010 either raised 
the energy efficiency levels above the existing Federal energy 
conservation standards or set standards for equipment for which DOE did 
not previously have standards. 77 FR 28928, 28938 (May 16, 2012). For 
all other equipment classes of VRF multi-split systems, DOE maintained 
the standards from the equipment class under which the corresponding 
VRF multi-split system equipment class was previously regulated (i.e., 
air-cooled VRF multi-

[[Page 18970]]

split systems had previously been covered as small, large, and very 
large air-cooled central air-conditioning heat pumps with electric 
resistance heating, while water-source VRF multi-split heat pumps had 
previously been covered as water-source heat pumps).
    For the equipment addressed in this final rule, DOE's current 
equipment classes for VRF multi-split systems are differentiated by 
refrigeration cycle (air conditioners or heat pumps), condenser heat 
rejection medium (air-cooled or water-source), cooling capacity, and 
heating type (for air-cooled: ``No heating or electric resistance 
heating'' or ``all other types of heating''; for water-source: 
``without heat recovery,'' ``with heat recovery,'' or ``all''). DOE's 
current standards for VRF multi-split systems are set forth at Table 13 
to 10 CFR 431.97 and repeated in Table II-1 of this document.

                                   Table II-1--Current Federal Energy Efficiency Standards for VRF Multi-Split Systems
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                             Compliance date: equipment
           Equipment type                 Cooling capacity         Heating type \1\              Efficiency level          manufactured on and after . .
                                                                                                                                         .
--------------------------------------------------------------------------------------------------------------------------------------------------------
VRF Multi-Split Air Conditioners      <65,000 Btu/h..........  All....................  13.0 SEER........................  June 16, 2008.
 (Air-Cooled).                        >=65,000 Btu/h and       No Heating or Electric   11.2 EER.........................  January 1, 2010.
                                       <135,000 Btu/h.          Resistance Heating.
                                                               All Other Types of       11.0 EER.........................  January 1, 2010.
                                                                Heating.
                                      >=135,000 Btu/h and      No Heating or Electric   11.0 EER.........................  January 1, 2010.
                                       <240,000 Btu/h.          Resistance Heating.
                                                               All Other Types of       10.8 EER.........................  January 1, 2010.
                                                                Heating.
                                      >=240,000 Btu/h and      No Heating or Electric   10.0 EER.........................  January 1, 2010.
                                       <760,000 Btu/h.          Resistance Heating.
                                                               All Other Types of       9.8 EER..........................  January 1, 2010.
                                                                Heating.
VRF Multi-Split Heat Pumps (Air-      <65,000 Btu/h..........  All....................  13.0 SEER, 7.7 HSPF..............  June 16, 2008.
 Cooled).                             >=65,000 Btu/h and       No Heating or Electric   11.0 EER, 3.3 COP................  January 1, 2010.
                                       <135,000 Btu/h.          Resistance Heating.
                                                               All Other Types of       10.8 EER, 3.3 COP................  January 1, 2010.
                                                                Heating.
                                      >=135,000 Btu/h and      No Heating or Electric   10.6 EER, 3.2 COP................  January 1, 2010.
                                       <240,000 Btu/h.          Resistance Heating.     .................................  .............................
                                                               All Other Types of       10.4 EER, 3.2 COP................  January 1, 2010.
                                                                Heating.
                                      >=240,000 Btu/h and      No Heating or Electric   9.5 EER, 3.2 COP.................  January 1, 2010.
                                       <760,000 Btu/h.          Resistance Heating.
                                                               All Other Types of       9.3 EER, 3.2 COP.................  January 1, 2010.
                                                                Heating.
VRF Multi-Split Heat Pumps (Water-    <17,000 Btu/h..........  Without heat recovery..  12.0 EER, 4.2 COP................  October 29, 2012. October 29,
 Source).                                                                                                                   2003.
                                                               With heat recovery.....  11.8 EER, 4.2 COP................  October 29, 2012. October 29,
                                                                                                                            2003.
                                      >=17,000 Btu/h and       All....................  12.0 EER, 4.2 COP................  October 29, 2003.
                                       <65,000 Btu/h.          All....................  12.0 EER, 4.2 COP................  October 29, 2003.
                                      >=65,000 Btu/h and
                                       <135,000 Btu/h.
                                      >=135,000 Btu/h and      Without heat recovery..  10.0 EER, 3.9 COP................  October 29, 2013.
                                       <760,000 Btu/h.
                                                               With heat recovery.....  9.8 EER, 3.9 COP.................  October 29, 2013.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ VRF Multi-Split Heat Pumps (Air-Cooled) with heat recovery fall under the category of ``All Other Types of Heating'' unless they also have electric
  resistance heating, in which case they fall under the category for ``No Heating of Electric Resistance Heating.''

2. ASHRAE Standard 90.1-2016
    ASHRAE released the 2016 version of ASHRAE Standard 90.1 (ASHRAE 
Standard 90.1-2016) on October 26, 2016, which increased the heating 
mode efficiency level (in terms of COP) for six of the current DOE VRF 
multi-split system equipment classes:
    (1) VRF Multi-Split Heat Pumps, Water-source <17,000 Btu/h, Without 
Heat Recovery;
    (2) VRF Multi-Split Heat Pumps, Water-source <17,000 Btu/h, With 
Heat Recovery;
    (3) VRF Multi-Split Heat Pumps, Water-source >=17,000 Btu/h and 
<65,000 Btu/h;
    (4) VRF Multi-Split Heat Pumps. Water-source >=65,000 Btu/h and 
<135,000 Btu/h;
    (5) VRF Multi-Split Heat Pumps, Water-source >=135,000 Btu/h and 
<760,000 Btu/h, Without Heat Recovery; and
    (6) VRF Multi-Split Heat Pumps, Water-source >=135,000 Btu/h and 
<760,000 Btu/h, With Heat Recovery.
    ASHRAE Standard 90.1-2016 left the heating mode efficiency level 
for the remaining six DOE equipment classes of VRF multi-split heat 
pump systems with cooling capacity greater than or equal to 65,000 Btu/
h and the cooling mode efficiency levels in terms of EER for all DOE 
equipment classes unchanged. (DOE notes that standards for 3-phase air-
cooled VRF heat pumps <65,000 Btu/h are being considered in a separate 
energy conservation standards rulemaking (see Docket EERE-2022-BT-STD-
0008).
    DOE published a notice of data availability and request for 
information (NODA/RFI) in response to the amendments to ASHRAE Standard 
90.1-2016 in the Federal Register on July 8, 2019 (July 2019 NODA/RFI). 
84 FR 32328. In the July 2019 NODA/RFI, DOE compared the current 
Federal standards for VRF multi-split systems (in terms of EER and COP) 
to the levels in ASHRAE Standard 90.1-2016 and requested comment on its 
preliminary findings. 84 FR 32328, 32333-32334 (July 8, 2019). In 
addition to evaluating amended energy conservation standards for the 
six equipment classes triggered by the updated levels in ASHRAE 
Standard 90.1-2016, DOE also examined the other 14 equipment classes of 
VRF multi-split systems under its six-year-lookback authority (42 
U.S.C. 6313(a)(6)(C)) and solicited data from stakeholders. 84 FR 
32328, 32334 (July 8, 2019).
    On October 24, 2019, ASHRAE officially released for distribution 
and made public ASHRAE Standard 90.1-2019. ASHRAE Standard 90.1-2019 
maintained the equipment class structure for VRF multi-split systems 
from ASHRAE Standard 90.1-2016 and did not update efficiency levels for 
any VRF equipment classes.
    Subsequently, in January 2023, ASHRAE published ASHRAE Standard 
90.1-2022. Once again, ASHRAE Standard 90.1-2022 maintained the 
equipment class structure for VRF multi-split systems from ASHRAE 
Standard 90.1-2016 and maintained the IEER efficiency levels for all 
VRF equipment classes.

[[Page 18971]]

3. ASRAC Negotiations
    On April 11, 2018, DOE published in the Federal Register a notice 
of its intent to establish a negotiated rulemaking working group 
(Working Group) under the Appliance Standards and Rulemaking Federal 
Advisory Committee (ASRAC), in accordance with the Federal Advisory 
Committee Act \9\ and the Negotiated Rulemaking Act,\10\ to negotiate 
an amended test procedure and amended energy conservation standards for 
VRF multi-split systems. 83 FR 15514. The purpose of the Working Group 
was to discuss and, if possible, reach consensus on a proposed rule 
regarding the test procedure and energy conservation standards for VRF 
multi-split systems, as authorized by EPCA. Id. The Working Group 
comprised 21 voting members including manufacturers, energy efficiency 
advocates, utilities, and trade organizations.\11\
---------------------------------------------------------------------------

    \9\ 5 U.S.C. App. 2, Public Law 92-463.
    \10\ 5 U.S.C. 561-570, Public Law 101-648.
    \11\ A complete list of the ASRAC VRF Working Group members is 
available by clicking on the ``Working Group'' tab at: 
www.energy.gov/eere/buildings/appliance-standards-and-rulemaking-federal-advisory-committee#Variable%20Refrigerant%20Flow%20Multi-Split%20Air%20Conditioners%20and%20Heat%20Pumps%20Working%20Group.
---------------------------------------------------------------------------

    On October 1, 2019, the Working Group reached consensus on a test 
procedure term sheet (VRF TP Term Sheet; Docket No. EERE-2018-BT-STD-
0003-0044) that includes several recommendations. The following list 
includes the most substantial recommendations:
    (1) VRF multi-split systems should be rated with the Integrated 
Energy Efficiency Ratio (IEER) metric to allow consumers to make 
consistent comparisons with other equipment using the IEER metric 
(e.g., rooftop air conditioner ratings).
    (2) Use of the amended test procedure should not be required until 
the compliance date of amended energy conservation standards.
    (3) The Federal test procedure for VRF multi-split systems should 
be consistent with the September 20, 2019 draft version of AHRI 1230, 
with additional recommended amendments to be implemented after the 
conclusion of ASRAC negotiations.
    Following completion of the VRF TP Term Sheet, the Working Group 
proceeded to negotiate recommended revised energy conservation 
standards for VRF multi-split systems that accounted for the 
translation from the EER metric to the IEER metric, as well as the 
changes between the Federal test procedure that references AHRI 1230-
2010 and the recommended 2019 draft test procedure AHRI 1230 (which was 
later published as AHRI 1230-2021). As described in greater detail in 
section III.B of this document, DOE conducted a crosswalk analysis to 
inform the development of standard levels for VRF multi-split systems 
in terms of the new test procedure and metric. DOE presented the 
results of its crosswalk analysis on November 5, 2019 (Docket No. EERE-
2018-BT-STD-0003-0061 at p. 45), and subsequently, the Working Group 
reached consensus on an energy conservation standards term sheet (VRF 
ECS Term Sheet; Docket No. EERE-2018-BT-STD-0003-0055) recommending:
    (1) Amendments to the Federal minimum efficiency standards for VRF 
multi-split systems (as presented in Table II-2 of this final rule) per 
the test procedure recommended in the VRF TP Term Sheet.
    (2) The compliance date of the recommended energy conservation 
standards should be January 1, 2024 for all VRF multi-split system 
equipment classes included in this rulemaking.

    Table II-2--Recommended Efficiency Levels From VRF ECS Term Sheet
------------------------------------------------------------------------
                                             Energy efficiency levels
             Equipment class                      recommended \1\
------------------------------------------------------------------------
VRF Air Conditioners, Air-cooled,         15.5 IEER.
 >=65,000 Btu/h and <135,000 Btu/h.
VRF Air Conditioners, Air-cooled,         14.9 IEER.
 >=135,000 Btu/h and <240,000 Btu/h.
VRF Air Conditioners, Air-cooled,         13.9 IEER.
 >=240,000 Btu/h and <760,000 Btu/h.
VRF Heat Pumps, Air-cooled, >=65,000 Btu/ 14.6 IEER, 3.3 COP.
 h and <135,000 Btu/h, No Heating or
 Electric Resistance Heating.
VRF Heat Pumps, Air-cooled, >=65,000 Btu/ 14.4 IEER, 3.3 COP.
 h and <135,000 Btu/h, All Other Types
 of Heating.
VRF Heat Pumps, Air-cooled, >=135,000     13.9 IEER, 3.2 COP.
 Btu/h and <240,000 Btu/h, No Heating or
 Electric Resistance Heating.
VRF Heat Pumps, Air-cooled, >=135,000     13.7 IEER; 3.2 COP.
 Btu/h and <240,000 Btu/h, All Other
 Types of Heating.
VRF Heat Pumps, Air-cooled, >=240,000     12.7 IEER, 3.2 COP.
 Btu/h and <760,000 Btu/h, No Heating or
 Electric Resistance Heating.
VRF Heat Pumps, Air-cooled, >=240,000     12.5 IEER; 3.2 COP.
 Btu/h and <760,000 Btu/h, All Other
 Types of Heating.
VRF Heat Pumps, Water-source, <17,000     16.0 IEER, 4.3 COP.
 Btu/h, Without Heat Recovery.
VRF Heat Pumps, Water-source, <17,000     15.8 IEER, 4.3 COP.
 Btu/h, With Heat Recovery.
VRF Heat Pumps, Water-source, >=17,000    16.0 IEER, 4.3 COP.
 Btu/h and <65,000 Btu/h, Without Heat
 Recovery.
VRF Heat Pumps, Water-source, >=17,000    15.8 IEER, 4.3 COP.
 Btu/h and <65,000 Btu/h, With Heat
 Recovery.
VRF Heat Pumps, Water-source, >=65,000    16.0 IEER, 4.3 COP.
 Btu/h and <135,000 Btu/h, Without Heat
 Recovery.
VRF Heat Pumps, Water-source, >=65,000    15.8 IEER, 4.3 COP.
 Btu/h and <135,000 Btu/h, With Heat
 Recovery.
VRF Heat Pumps, Water-source, >=135,000   14.0 IEER, 4.0 COP.
 Btu/h and <240,000 Btu/h, Without Heat
 Recovery.
VRF Heat Pumps, Water-source, >=135,000   13.8 IEER, 4.0 COP.
 Btu/h and <240,000 Btu/h, With Heat
 Recovery.
VRF Heat Pumps, Water-source, >=240,000   12.0 IEER, 3.9 COP.
 Btu/h and <760,000 Btu/h, Without Heat
 Recovery.
VRF Heat Pumps, Water-source, >=240,000   11.8 IEER, 3.9 COP.
 Btu/h and <760,000 Btu/h, With Heat
 Recovery.
------------------------------------------------------------------------
\1\ The VRF ECS Term Sheet includes the notation ``COPH'' which
  indicates coefficient of performance in heating mode at 47 [deg]F
  outdoor ambient temperature (for air-cooled VRF multi-split heat
  pumps) and at 68 [deg]F entering water temperature (for water-source
  VRF multi-split heat pumps).

    DOE notes that there are minor differences in equipment class 
structure (related to cooling capacity, supplementary heating type, and 
presence of heat recovery) between the VRF ECS Term Sheet, ASHRAE 
Standard 90.1-2019, and the current Federal energy conservation 
standards for VRF multi-split systems. This topic is discussed in 
greater detail in section II.B.3 of this document.
    On May 18, 2021, AHRI published an updated industry test standard 
for VRF multi-split systems, AHRI 1230-2021. Subsequently, on December 
10, 2021, DOE published in the Federal Register the VRF TP NOPR 
(December 2021 VRF TP NOPR), in which DOE proposed an amended test 
procedure for VRF multi-split systems that incorporates by reference 
AHRI 1230-2021 and

[[Page 18972]]

proposed to adopt IEER as the test metric for VRF multi-split systems. 
86 FR 70644, 70652. DOE finalized these proposals in a test procedure 
final rule published in the Federal Register on October 20, 2022 
(October 2022 TP Final Rule). 87 FR 63860. In the October 2022 TP Final 
Rule, DOE determined that the amendments to the test procedure would 
alter the measured efficiency of VRF multi-split systems, as compared 
to ratings using the current Federal regulated metric, EER (see 10 CFR 
431.97). In that document, DOE stated that testing pursuant to the 
amended test procedure would not be required until such time as 
manufacturers were required to comply with amended energy conservation 
standards that are denominated in terms of IEER, should such standards 
be adopted. 87 FR 63860, 63880 (Oct. 20, 2022).
4. Proposed Standards
    On March 1, 2022, DOE published a NOPR (March 2022 NOPR) in the 
Federal Register that proposed to adopt the energy conservation 
standards and equipment class structure for VRF multi-split systems as 
adopted in ASHRAE Standard 90.1-2016. 87 FR 11335 (March 1, 2022). 
Specifically, DOE proposed amended energy conservation standards VRF 
multi-split systems that rely on the IEER metric and are equivalent to 
those levels specified in ASHRAE Standard 90.1-2016. Id. at 87 FR 
11336-11338. In the March 2022 NOPR, DOE outlined its plan to crosswalk 
the existing VRF energy conservation standards (denominated in terms of 
EER as the cooling metric) to the efficiency levels in ASHRAE Standard 
90.1-2016 (denominated in terms of IEER) and requested comment. Id. at 
87 FR 11342-11345. DOE preliminarily determined that it lacks the clear 
and convincing evidence required by the statute to adopt standards more 
stringent than the levels specified in the industry standard. Id. at 87 
FR 11337. DOE received nine comments in response to the March 2022 NOPR 
from the interested parties listed in Table II-3.

                                  Table II-3--March 2022 NOPR Written Comments
----------------------------------------------------------------------------------------------------------------
                                                                      Comment No. in
              Commenter(s)                       Abbreviation           the docket          Commenter type
----------------------------------------------------------------------------------------------------------------
Air-Conditioning, Heating, &              AHRI......................              77  Industry Trade
 Refrigeration Institute.                                                              Association.
Appliance Standards Awareness Project,    Joint Advocates...........              76  Efficiency Advocacy
 American Council for an Energy-                                                       Organizations.
 Efficient Economy, Northwest Energy
 Efficiency Alliance.
Carrier.................................  Carrier...................              74  Manufacturer.
Daikin Comfort Technologies North         Daikin....................              79  Manufacturer.
 America, Inc.
GE Appliances--a Haier Company..........  GE........................              78  Manufacturer.
Hydronic Industry Alliance--Commercial..  HIA-C.....................              67  Industry Trade
                                                                                       Association.
Lennox International, Inc...............  Lennox....................              75  Manufacturer.
New York State Energy Research and        NYSERDA...................              73  State Agency.
 Development Authority.
Pacific Gas and Electric Company, San     CA IOUs...................              72  Utilities.
 Diego Gas & Electric, Southern
 California Edison (collectively
 referred to as the ``California
 Investor-owned Utilities'' or ``CA
 IOUs'').
----------------------------------------------------------------------------------------------------------------

    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\12\ 
To the extent that interested parties have provided written comments 
that are substantively consistent with any oral comments provided 
during the March 23, 2022 public meeting webinar for the VRF multi-
split systems energy conservation standards NOPR, DOE cites the written 
comments throughout this final rule. In this case, DOE did not identify 
any oral comments provided during the webinar that are not 
substantively reflected by written comments.
---------------------------------------------------------------------------

    \12\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
energy conservation standards for VRF multi-split systems. (Docket 
No. EERE-2018-BT-STD-0003, which is maintained at 
www.regulations.gov). The references are arranged as follows: 
(commenter name, comment docket ID number, page of that document).
---------------------------------------------------------------------------

III. General Discussion

    DOE developed this final rule after considering oral and written 
comments, data, and information from interested parties that represent 
a variety of interests. The following discussion addresses issues 
raised by these commenters.

A. Test Procedure

    EPCA sets forth generally applicable criteria and procedures for 
DOE's adoption and amendment of test procedures. (42 U.S.C. 6314(a)) 
Manufacturers of covered products must use these test procedures to 
certify to DOE that their product complies with energy conservation 
standards and to quantify the efficiency of their product. The IEER and 
COP standards proposed in the March 2022 NOPR and outlined in section 
II.B.4 of this document are measured according to the amended industry 
test standard for VRF multi-split systems, AHRI 1230-2021, in alignment 
with the VRF ECS Term Sheet discussed in section II.B.3 of this 
document.
    In response to the March 2022 NOPR, Lennox and Daikin commented 
that they support the adoption of IEER, which is a part-load metric. 
(Lennox, No. 75 at pp. 1-2; Daikin, No. 79 at p. 1) Daikin stated that 
IEER is more representative of the operating cooling efficiency of a 
VRF system. (Daikin, No. 79 at p. 1) Lennox further commented that the 
IEER metric would allow consumers to make comparisons of energy 
efficiency with other commercial air conditioners that utilize the IEER 
metric. (Lennox, No. 75 at pp. 1-2) Conversely, HIA-C argued that the 
standard should focus on certification of VRF performance at limits 
compared to performance at part-loads, as opposed to comparison between 
VRF systems or between VRF and other commercial air conditioners. (HIA-
C, No. 67 at p. 1)
    In response, DOE notes that EPCA does not require the Department to 
develop energy conservation standards that compare full-load and part-
load performance. Instead, DOE must develop energy conservation 
standards that are as representative of real-world performance as 
possible. For VRF multi-split systems, this means including both full-
load and part-load performance. Additionally, using the same 
performance metric for multiple types of equipment that serve the same 
purpose allows for consumers to make informed decisions when selecting 
their system. Thus, DOE is finalizing its proposal to amend energy 
conservation standards for VRF multi-split systems in terms of the IEER 
metric.

[[Page 18973]]

    In response to the March 2022 NOPR, Lennox expressed support for 
DOE adopting the industry test procedure AHRI 1230-2021, stating that 
it significantly improves the representativeness of the tested value 
for VRF equipment. (Lennox, No. 75 at pp. 1-2) In contrast, AHRI 
commented that DOE does not have the authority to propose adopting AHRI 
1230-2021 as the Federal test procedure until such time as AHRI 1230-
2021 is referenced in ASHRAE Standard 90.1 as the appropriate test 
standard for VRF systems, elaborating that EPCA requires DOE to adopt a 
Federal test procedure that is consistent with the applicable test 
procedure specified in the amended ASHRAE Standard 90.1. (AHRI, No. 77 
at p. 2) AHRI and GE commented that DOE should support Addendum ay to 
ASHRAE Standard 90.1-2019 which updates the test procedure reference 
for VRF multi-split systems in ASHRAE Standard 90.1 to AHRI 1230-
2021.\13\ (AHRI, No. 77 at p. 2; GE, No. 78 at p. 2)
---------------------------------------------------------------------------

    \13\ Addendum ay to ASHRAE Standard 90.1-2019, which updates the 
test procedure reference for VRF multi-split systems to AHRI 1230-
2021, has been incorporated into the recently published ASHRAE 
Standard 90.1-2022.
---------------------------------------------------------------------------

    NYSERDA encouraged DOE to start looking ahead to the next test 
procedure rulemaking and the potential for the VRF test procedure to 
address cold climate performance. Along these lines, NYSERDA urged DOE 
to add another low-temperature test point at 5 [deg]F (and as low as -
15 [deg]F) for this equipment, as the current 47 [deg]F and the 
optional 17 [deg]F test condition are not low enough to ensure adequate 
system performance in cold climates. (NYSERDA, No. 73 at pp. 2-3) HIA-C 
similarly commented that DOE should clarify the temperatures at which 
COP tests are performed so as to allow comparison between performance 
at full and part loads. (HIA-C, No. 67 at p. 1) The commenter further 
stated that the IEER metric does not address connected cassettes or 
splits in combination, such that certain refrigerant volumes and tubing 
lengths are not represented, and it recommended an intermediate step to 
clarify the temperature at which a metric applies. (Id.)
    DOE notes that all VRF test procedure issues have been handled in a 
separate rulemaking. DOE addressed the content and authority of its 
proposed test procedure amendments in the October 20, 2022 VRF TP Final 
Rule. See 87 FR 63860.

B. Methodology for Efficiency Crosswalk Analysis

1. Crosswalk Background and Overview
    Consistent with the recommendation of the Working Group, DOE is 
amending the energy conservation standards for VRF multi-split systems 
to rely on the IEER metric for cooling efficiency, and maintaining the 
metric for heating efficiency (i.e., COP). As discussed in the March 
2022 NOPR, the Department has concluded that a change of metrics would 
be beneficial for a number of reasons, including that the IEER metric 
provides a more representative measure of field performance of VRF 
multi-split systems by weighting the full-load and part-load (75-
percent, 50-percent, and 25-percent of full-load capacity) efficiencies 
by the average amount of time the equipment spends operating at each 
load. 87 FR 11335, 11342 (March 1, 2022).
    As stated, EPCA prohibits DOE from prescribing any amended standard 
that either increases the maximum allowable energy use or decreases the 
minimum required energy efficiency of covered equipment. (42 U.S.C. 
6313(a)(6)(B)(iii)(I)); commonly referred to as EPCA's ``anti-
backsliding provision'') In consideration of the IEER metric and to 
ensure any potential amendment would not violate EPCA's ``anti-
backsliding'' provision, as part of the ASRAC Working Group activities, 
DOE conducted a crosswalk analysis to validate both the translation of 
the EER levels currently required by the DOE standards to corresponding 
IEER levels, as well as the IEER efficiency levels as recommended by 
the Working Group. The crosswalk analysis translates the current 
Federal EER standards (measured per the current DOE test procedure) to 
IEER levels of equivalent stringency (measured per the updated AHRI 
Standard 1230). (Docket No. EERE-2018-BT-STD-0003-0056)
    The energy conservation standards presented in this document were 
developed based on an update to the relevant industry test standard 
(i.e., the 2019 draft test procedure AHRI 1230 that was finalized as 
ASHRAE 1230-2021). Compared to the current Federal test procedure 
(which references ANSI/AHRI 1230-2010), AHRI 1230-2021 included two 
substantive changes that impact the translation of standards in EER to 
standards using IEER. Specifically, DOE considered the following 
changes in its crosswalk analysis in addition to the metric change from 
EER to IEER:
    (1) Maximum sensible heat ratio (SHR) limits of 0.82 and 0.85 were 
added for full-load and 75-percent, part-load conditions, respectively. 
SHR represents the ratio of sensible cooling capacity (i.e., the 
ability to change the temperature of indoor air) to the total cooling 
capacity, which also includes latent cooling capacity (i.e., the 
ability to remove moisture from indoor air). For example, an SHR of 
0.80 indicates that 80 percent of the capacity of a system reduces the 
temperature of the air and the remaining 20 percent dehumidifies the 
air.
    (2) A controls verification procedure (CVP) was added that verifies 
that the values provided by manufacturers in the supplemental test 
instruction (STI) for setting critical parameters during steady-state 
testing are within the range of critical parameters that would be used 
by the system's native controls at the same conditions.
    On November 5, 2019, DOE presented its crosswalk findings to the 
Working Group to inform the development of recommended standards levels 
for VRF multi-split systems in terms of the new test procedure and 
cooling metric. These findings demonstrated that the translation of the 
current EER standards to the recommended IEER values would not decrease 
the minimum required energy efficiency of VRF multi-split systems using 
a minimally-compliant model. DOE also presented to the Working Group 
anonymized and aggregated data provided by VRF multi-split system 
manufacturers. These data showed a preliminary translation of ratings 
to the IEER metric in terms of the updated test procedure for a 
collection of VRF multi-split systems spanning four equipment classes. 
The crosswalked results included the IEER efficiency level specified in 
the VRF ECS term sheet for the selected classes. Detailed discussion of 
the crosswalk presentation can be found in Docket No. EERE-2018-BT-STD-
0003-0056.
    Given that translating the current EER levels to IEER according to 
the updated test procedure does not provide for a single point answer 
(as would thereby allow for a direct comparison), DOE stated in the 
March 2022 NOPR that it believes it is reasonable to ensure that the 
recommended value lies within the range resulting from DOE's evaluation 
as a proxy for understanding whether there is a potential for 
backsliding. Consequently, DOE tentatively determined that the 
recommended IEER levels are at least equivalent in stringency to the 
current EER levels. Further, given that IEER is a more comprehensive 
metric (reflecting energy efficiency across a range of operating 
conditions, as opposed to the efficiency at a single condition), DOE 
tentatively determined that the recommended IEER

[[Page 18974]]

levels would not decrease the minimum required energy efficiency of a 
VRF multi-split system. 87 FR 11335, 11343 (March 1, 2022). DOE 
received no comments to the contrary in response to the March 2022 
NOPR. Consequently, for the reasons previously explained, DOE maintains 
this determination in the final rule.
2. Crosswalk Details and Results
    As discussed in further detail in the March 2022 NOPR, DOE 
conducted a crosswalk analysis to account for the translation from EER 
to IEER, as well as changes in the updated industry test standard--
namely the addition of SHR limits and the introduction of the CVP. See 
87 FR 11335, 11343-11345 (March 1, 2022). Because these three factors 
have interacting effects on the measured cooling performance of VRF 
multi-split systems, DOE modeled their interaction holistically and did 
not examine incremental changes in performance due to any one factor.
    DOE only conducted a crosswalk analysis for the VRF cooling mode 
efficiency, as DOE did not propose to change the heating efficiency 
metric (i.e., COP), nor did the changes to the test procedure for VRF 
multi-split systems impact measured efficiency in heating mode. To 
develop a crosswalk approach that is applicable to all equipment 
classes of VRF multi-split systems, DOE analyzed a basic model 
representative of equipment classes with high sales volume.\14\ 
Specifically, DOE selected an air-cooled VRF multi-split heat pump 
system in the cooling capacity range greater than 135,000 Btu/h and 
less than or equal to 240,000 Btu/h without heat recovery. DOE created 
a performance model using VapCyc and CoilDesigner software \15\ to 
evaluate capacity and efficiency of the selected system per the updated 
industry test standard at full-load cooling and reduced load 
conditions.
---------------------------------------------------------------------------

    \14\ According to a report from Cadeo group, air-cooled VRF 
multi-split heat pump systems in the cooling capacity range greater 
than 135,000 Btu/h and less than or equal to 240,000 Btu/h without 
heat recovery account for 12.4 percent of the VRF multi-split system 
market. Air-cooled VRF multi-split systems in the same capacity 
range equipped with heat recovery account for an additional 32.6 
percent of the VRF multi-split system market. (EERE-2017-BT-TP-0018-
0002)
    \15\ VapCyc and CoilDesigner are HVAC energy modeling software 
programs. CoilDesigner is a detailed heat exchanger modeling 
program. VapCyc integrates CoilDesigner heat exchanger simulations 
with compressor and expansion models to complete a refrigeration 
cycle model to simulate performance of an air conditioning or heat 
pump system at specific operating conditions. (Available at: 
www.optimizedthermalsystems.com.) (Last accessed Dec. 30, 2022)
---------------------------------------------------------------------------

    DOE also sought to translate the current EER standards to 
equivalent IEER standards when tested according to the updated industry 
test standard. Consequently, DOE investigated ways to translate the SHR 
requirements and CVP procedure introduced by the amended test procedure 
for VRF multi-split systems. AHRI 1230-2021 sets SHR limits of 0.82 and 
0.85 at the full-load cooling condition and the 75-percent part-load 
cooling condition, respectively, but does not include SHR limits for 
the 50-percent or 25-percent part-load cooling conditions. Because 
manufacturers do not currently certify or publicize any information 
about SHR at the full-load EER test condition, DOE was unable to 
precisely determine SHR values representative of a baseline EER VRF 
multi-split system. So, to account for the effect of the SHR limits in 
the updated industry test standard in its crosswalk analysis, DOE 
relied on the native controls test data to establish a range of 
potential initial SHR values observed at the full-load and 75-percent 
part-load IEER test conditions. 87 FR 11335, 11343-11344 (March 1, 
2022).
    To account for the addition of a CVP in AHRI 1230-2021, DOE 
tentatively concluded that using information about the ranges of 
operational settings observed during native controls testing to 
represent a future system that would pass the CVP (i.e., a system for 
which the certified critical parameter settings would be validated by a 
CVP conducted with the system operating under native controls) was the 
most accurate approach for estimating how manufacturers would certify 
critical parameter control settings as part of testing to IEER as 
measured by AHRI 1230-2021. Id. at 87 FR 11344.
    For additional detail regarding the methods used in the crosswalk 
for VRF multi-split systems, see section III.A.2 of the March 2022 
NOPR. 87 FR 11335, 11343-11344 (March 1, 2022).
    Based on the modeling conducted, the expected performance of the 
representative equipment class of VRF multi-split systems when tested 
according to AHRI 1230-2021 would be in the range of 13 to 16 IEER. 
Because of the wider range of operation conditions captured in IEER as 
well as the various strategies that manufacturers may employ to respond 
to the test procedure changes, a single EER baseline value inherently 
translates to a range of IEER values.
    As discussed, the IEER metric captures performance at additional 
part-load operating conditions not considered by the EER metric; 
therefore, a single EER value translates to a range of potential IEER 
values.\16\ IEER captures the impacts of design features and control 
strategies that may not affect full-load operation but do affect part-
load operation. For example, VRF multi-split systems may use different 
strategies for reducing capacity at partial loads like reducing the 
number of thermally-active indoor units or slowing compressor speeds, 
which may result in differential impacts on measured IEER, but which 
would not have any impact on the measured full-load performance EER. 
DOE also recognizes that there are a variety of paths that 
manufacturers may take to account for the new test procedure, and that 
the crosswalk analysis approximates how manufacturers in the aggregate 
may respond to test procedure changes. For example, some manufacturers 
may elect to meet the new SHR limitations by reducing evaporating 
temperatures, while other manufacturers may meet the new SHR 
limitations by reducing indoor airflow and decreasing the number of 
thermally-active indoor units. Each strategy may have different trade-
offs in terms of overall system performance and measured energy 
efficiency.
---------------------------------------------------------------------------

    \16\ In a January 2016 energy conservation standards direct 
final rule for ACUACs, DOE discussed a metric translation from EER 
to IEER in which a single EER level corresponds to a range of IEERs. 
81 FR 2420, 2452 (Jan. 15, 2016).
---------------------------------------------------------------------------

    As described in section I of this document, the Working Group 
recommended efficiency levels for VRF multi-split systems that align 
with the efficiency levels specified in ASHRAE Standard 90.1-2016 in 
terms of IEER and COP. While DOE's crosswalk analysis showed that a 
single EER baseline could result in a range of IEER values, the IEER 
levels included in the VRF ECS Term Sheet (which the Working Group 
recommended as an appropriate crosswalk of current Federal EER 
standards) are within the range of DOE's crosswalked results. Based on 
this analysis, in the March 2022 NOPR, DOE tentatively determined that 
the recommended IEER levels are at least equivalent in stringency to 
the current EER levels. 87 FR 11335, 11337 (March 1, 2022). Further, 
given that IEER is a more comprehensive metric (reflecting energy 
efficiency across a range of operating conditions, as opposed to the 
efficiency at a single condition), DOE tentatively determined that the 
recommended IEER levels would not decrease the minimum required energy 
efficiency of a VRF multi-split system, thereby avoiding statutorily 
impermissible backsliding with respect to the current Federal standards 
in terms of EER. Id. at 87 FR 11345.

[[Page 18975]]

Finally, DOE determined that no changes to heating mode ratings in 
terms of COP are expected from the changes to the test procedure for 
VRF multi-split systems included in AHRI 1230-2021. Id.
    In response to the March 2022 NOPR, AHRI, Carrier, and Lennox 
commented that they support the proposed crosswalk analysis methodology 
and results. (AHRI, No. 77 at p. 3; Carrier, No. 74 at p. 2; Lennox, 
No. 75 at p. 2) AHRI and Carrier further commented that they felt that 
DOE's initial testing supports their tentative conclusion that the 
recommended IEER levels are at least equivalent in stringency to 
current EER levels. (AHRI, No. 77 at p. 3; Carrier, No. 74 at p. 2) 
Carrier commented that they agree with DOE that the recommended IEER 
levels would not decrease the minimum required energy efficiency of VRF 
systems. (Carrier, No. 74 at p. 2)
    However, AHRI and Carrier argued that the proposed changes to the 
test procedure impact the measured efficiency of VRF multi-split 
systems in a way that increases the stringency of the standards from 
the current EER standards as measured by AHRI 1230-2010 and leads to 
energy savings. (AHRI, No. 77 at p. 3; Carrier, No. 74 at p. 2)
    In response to these comments, DOE notes that, as discussed in this 
section, the crosswalk from EER, as measured by AHRI 1230-2010 to IEER 
as measured by AHRI 1230-2021, resulted in a range of values, which 
includes the proposed standards. DOE was not provided data that shows 
that the standards proposed in the March 2022 NOPR are higher in 
stringency than the current EER levels. DOE also did not receive any 
negative comments regarding its crosswalk analysis methodology, and, 
therefore, the Department has not changed it in this final rule. 
Accordingly, for the reasons previously discussed, DOE maintains its 
conclusion that the recommended IEER levels are at least equivalent in 
stringency to the current EER levels.
3. Equipment Class Structure for VRFs
    In the July 2019 NODA/RFI, DOE discussed two areas where the 
equipment class structure for VRF multi-split systems differs between 
ASHRAE Standard 90.1 and the Federal standards. 84 FR 32328, 32334 
(July 8, 2019). These differences were further examined in some detail 
in the March 2022 NOPR. 87 FR 11335, 11345-11346 (March 1, 2022). The 
differences can be summarized as follows:
    (1) Capacity break points. For water-source VRF multi-split heat 
pumps, the current Federal standards include VRF multi-split systems 
with cooling capacity greater than or equal to 135,000 Btu/h and less 
than 760,000 Btu/h in a single category. ASHRAE Standard 90.1-2016 
splits this grouping at 240,000 Btu/h to create capacity categories of 
greater than or equal to 135,000 and less than 240,000 btu/h and 
greater than or equal to 240,000 and less than 760,000 Btu/h. Also for 
water-source VRF multi-split systems, the current Federal standards 
include separate classes for systems with cooling capacity less than 
17,000 Btu/h and for systems with cooling capacity between 17,000 Btu/h 
and 65,000 Btu/h. ASHRAE Standard 90.1-2016 groups these classes 
together into a single equipment class with cooling capacity less than 
65,000 Btu/h.
    (2) Heating type. The current Federal standards are disaggregated 
for certain classes of VRF multi-split systems based on heating type. 
For all air-cooled VRF multi-split air conditioners and heat pumps with 
cooling capacity greater than or equal to 65,000 Btu/h, the Federal 
cooling standards differ by 0.2 EER points depending on whether a 
system is equipped with ``no heating or electric resistance heating'' 
or ``all other types of heating.'' For water-source VRF multi-split 
heat pumps, some capacity classes disaggregate instead by systems with 
heat recovery versus without heat recovery (also with a 0.2 EER 
difference in the applicable standards classes). Other water-source VRF 
multi-split heat pump standards are not disaggregated beyond the 
specified capacity range. ASHRAE 90.1-2016 disaggregates standards for 
air-cooled and water-source VRF multi-split heat pumps based on the 
presence of heat recovery, instead of ``heating type.'' Air-cooled VRF 
multi-split air conditioners do not have subdivided cooling efficiency 
levels based on heating type in ASHRAE Standard 90.1-2016.
    These differences are presented in Table III-1:

                                   Table III-1--Comparison of Current DOE Efficiency Levels With ASHRAE Standard 90.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                             ASHRAE standard 90.1-2016/
           Equipment type                 Cooling capacity           Heating type              DOE efficiency level            2019  efficiency level
--------------------------------------------------------------------------------------------------------------------------------------------------------
VRF Multi-Split Air Conditioners      >=65,000 Btu/h and       No Heating or Electric   11.2 EER.........................  11.2 EER, 15.5 IEER.
 (Air-Cooled).                         <135,000 Btu/h.          Resistance Heating.
                                                               All Other Types of       11.0 EER.........................  No Standard.\3\
                                                                Heating.
                                      >=135,000 Btu/h and      No Heating or Electric   11.0 EER.........................  11.0 EER, 14.9 IEER.
                                       <240,000 Btu/h.          Resistance Heating.
                                                               All Other Types of       10.8 EER.........................  No Standard.\3\
                                                                Heating.
                                      >=240,000 Btu/h and      No Heating or Electric   10.0 EER.........................  10.0 EER, 13.9 IEER.
                                       <760,000 Btu/h.          Resistance Heating.
                                                               All Other Types of       9.8 EER..........................  No Standard.\3\
                                                                Heating.
VRF Multi-Split Heat Pumps (Air-      >=65,000 Btu/h and       No Heating or Electric   11.0 EER, 3.3 COP................  11.0 EER, 14.6 IEER, 3.3 COP.
 Cooled).                              <135,000 Btu/h.          Resistance Heating \1\.
                                                               All Other Types of       10.8 EER, 3.3 COP................  10.8 EER, 14.4 IEER, 3.3 COP.
                                                                Heating \1\ \2\.
                                      >=135,000 Btu/h and      No Heating or Electric   10.6 EER, 3.2 COP................  10.6 EER, 13.9 IEER, 3.2 COP.
                                       <240,000 Btu/h.          Resistance Heating \1\.
                                                               All Other Types of       10.4 EER, 3.2 COP................  10.4 EER, 13.7 IEER, 3.2 COP.
                                                                Heating \1\ \2\.
                                      >=240,000 Btu/h and      No Heating or Electric   9.5 EER, 3.2 COP.................  9.5 EER, 12.7 IEER, 3.2 COP.
                                       <760,000 Btu/h.          Resistance Heating \1\.
                                                               All Other Types of       9.3 EER, 3.2 COP.................  9.3 EER, 12.5 IEER, 3.2 COP.
                                                                Heating \1\ \2\.
VRF Multi-Split Heat Pumps (Water-    <17,000 Btu/h..........  Without heat recovery..  12.0 EER, 4.2 COP................  12.0 EER, 16.0 IEER, 4.3 COP.
 Source).
                                                               With heat recovery.....  11.8 EER, 4.2 COP................  11.8 EER, 15.8 IEER, 4.3 COP.
                                      >=17,000 Btu/h and       Without heat recovery..  12.0 EER, 4.2 COP................  12.0 EER, 16.0 IEER, 4.3 COP.
                                       <65,000 Btu/h.

[[Page 18976]]

 
                                                               With heat recovery.....                                     11.8 EER, 15.8 IEER, 4.3 COP.
                                      >=65,000 Btu/h and       Without heat recovery..  12.0 EER, 4.2 COP................  12.0 EER, 16.0 IEER, 4.3 COP.
                                       <135,000 Btu/h.
                                                               With heat recovery.....                                     11.8 EER, 15.8 IEER, 4.3 COP.
                                      >=135,000 Btu/h and      Without heat recovery..  10.0 EER, 3.9 COP................  10.0 EER, 14.0 IEER, 4.0 COP.
                                       <240,000 Btu/h.
                                                               With heat recovery.....  9.8 EER, 3.9 COP.................  9.8 EER, 13.8 IEER, 4.0 COP.
                                      >=240,000 Btu/h and      Without heat recovery..  10.0 EER, 3.9 COP................  10.0 EER, 12.0 IEER, 3.9 COP
                                       <760,000 Btu/h.
                                                               With heat recovery.....  9.8 EER, 3.9 COP.................  9.8 EER, 11.8 IEER, 3.9 COP.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ In terms of current Federal standards, VRF Multi-Split Heat Pumps (Air-Cooled) with heat recovery fall under the heating type ``All Other Types of
  Heating'' unless they also have electric resistance heating, in which case it falls under the category for ``No Heating or Electric Resistance
  Heating.''
\2\ In ASHRAE Standard 90.1, this equipment class is referred to as units with heat recovery rather than all other types of heating.
\3\ ASHRAE Standard 90.1 only includes standards for VRF air conditioners with ``electric resistance or none'' heating type. Because stakeholders have
  expressed that it is unlikely that VRF air conditioners would ever be paired with other forms of supplemental heating, DOE's amended equipment classes
  for VRF air conditioners are condensed using ``all types of heating'' to ensure no change in coverage or backsliding.

    In the March 2022 NOPR, DOE proposed to adopt the ASHRAE Standard 
90.1-2016 equipment class structure for VRF multi-split systems in its 
regulations at 10 CFR 431.97, staying consistent with EPCA's direction 
to establish amended uniform national standards for the VRF multi-split 
systems at the minimum levels specified in ASHRAE Standard 90.1. (42 
U.S.C. 6313(a)(6)(A)(ii)(I)) 87 FR 11335, 11345-11347 (March 1, 2022). 
In the March 2022 NOPR, DOE stated that to align with this class 
structure, DOE would amend the existing DOE class structure by 
expanding the number of VRF water-source heat pump classes, reducing 
the number of air-cooled VRF air conditioner classes, and amending the 
convention for heating type for heat pump systems with and without heat 
recovery. Id. at 87 FR 11346.
    DOE proposed a minor clarification in the language used to describe 
the heating type for VRF multi-split system heat pumps to explicitly 
designate which classes are with and without heat recovery. 87 FR 
11335, 11346-11347 (March 1, 2022). ASHRAE 90.1-2016 currently includes 
separate classes for systems with and without heat recovery, designated 
as ``VRF multi-split systems'' or ``VRF multi-split system with heat 
recovery,'' while DOE's proposal revised these descriptions to 
explicitly state either ``heat pump without heat recovery'' or ``heat 
pump with heat recovery.'' 87 FR 11335, 11346 (March 1, 2022).
    DOE also proposed in the March 2022 NOPR to include separate 
efficiency levels for VRF multi-split air conditioners that: (1) have 
either electric resistance heat or no heat and (2) have any other type 
of heating. Specifically, DOE proposed to label the condensed equipment 
classes for VRF multi-split air conditioners as having ``All'' types of 
heating, and to set IEER standards for the proposed condensed classes 
that are equivalent in stringency to the EER standards for the class 
with ``electric resistance or none'' heating type. 87 FR 11335, 11346-
11347 (March 1, 2022). DOE tentatively concluded that setting IEER 
standards to cover ``all'' kinds of heating would not constitute an 
increase of stringency for any models currently in existence because 
DOE did not have any knowledge of VRF multi-split air conditioners on 
the market that have ``all other types of heating'' (e.g., a furnace). 
Id. Such approach was intended to eliminate any anti-backsliding 
concerns that might otherwise arise if DOE were to adopt a class 
structure that could be viewed as potentially reducing the current 
extent of coverage of the VRF energy conservation standards.
    Finally, in the March 2022 NOPR, DOE tentatively concluded that 
adopting the proposed class structure and efficiency levels would not 
result in a change in stringency for any classes. Id. This was because, 
in cases where DOE is proposing to subdivide or condense equipment 
classes relative to the existing DOE equipment class structure, the 
IEER levels recommended by the Working Group are within the limits of 
precision determined by DOE's crosswalk translation. For example, in 
cases where the current DOE equipment class only includes a single EER 
standard but ASHRAE Standard 90.1-2016 includes separate IEER standards 
for classes with and without heat recovery, both of the ASHRAE Standard 
90.1 IEER levels fall within the crosswalk range determined by DOE to 
represent equivalent stringency to existing EER standard. Id.
    In response, AHRI, Carrier, the Joint Advocates, and the CA IOUs 
commented that they support DOE's proposed equipment class structure. 
(AHRI, No. 77 at p. 3; Carrier, No. 74 at p. 2; Joint Advocates, No. 76 
at p. 1; CA IOUs, No. 72 at p. 1) AHRI and Carrier stated that the 
structure accurately reflects the market for VRFs. (AHRI, No. 77 at p. 
3; Carrier, No. 74 at p. 2) Carrier also stated that alignment with the 
industry standard would facilitate rulemakings in response to future 
updates. (Carrier, No. 74 at p. 2) AHRI further commented that Addendum 
ay includes harmonization with the additional clarification for heating 
type. (AHRI, No. 77 at p. 3)
    Based on comment responses, in this final rule, DOE is finalizing 
its proposals to adopt the ASHRAE Standard 90.1-2016 equipment class 
structure for VRF multi-split systems in its regulations at 10 CFR 
431.97, to clarify language used to describe the heating type for VRF 
multi-split system heat pumps to explicitly designate which classes are 
with and without heat recovery, and to include separate efficiency 
levels for VRF multi-split air conditioners that: (1) have either 
electric resistance heat or no heat and (2) have any other type of 
heating.

IV. Estimates of Potential Energy Savings

    As required under 42 U.S.C. 6313(a)(6)(A)(i), for VRF multi-split 
system equipment classes for which ASHRAE Standard 90.1-2016 set levels 
more stringent than the current Federal standards, DOE performed an 
assessment to determine the energy-savings potential of amending 
Federal

[[Page 18977]]

standard levels to reflect the efficiency levels specified in ASHRAE 
Standard 90.1-2016. In the July 2019 NODA/RFI, DOE presented the 
findings of the energy savings potential for the six considered 
equipment classes for which the Department was triggered. 84 FR 32328, 
32335 (July 8, 2019). DOE tentatively determined, based on a report by 
Cadeo Group,\17\ that four of the six affected classes--those with 
cooling capacities that are less than 17,000 Btu/h or greater than or 
equal to 135,000 Btu/h (with or without heat recovery), do not have any 
market share and, thus, no energy savings potential from amended 
standards. The Cadeo report showed that the remaining two affected 
classes, with cooling capacities greater than 17,000 Btu/h and less 
than 135,000 Btu/h, represented under three percent of the VRF multi-
split system market. DOE tentatively concluded that potential energy 
savings for these equipment classes were de minimis. Id. DOE noted that 
in ASHRAE Standard 90.1-2016, the COP was raised by 0.1 on both of 
these equipment classes, and that most commercial buildings are cooling 
dominant. Id. DOE is unaware of any additional information available in 
the intervening period that would alter its initial understanding of 
the energy savings potential of the VRF multi-split systems equipment 
classes for which DOE was triggered by ASHRAE Standard 90.1-2016. Given 
this information, in this final rule DOE concludes that energy savings 
for these equipment classes are de minimis. Consideration of more-
stringent efficiency levels than those specified in ASHRAE Standard 
90.1 are discussed in section V.A of this document.
---------------------------------------------------------------------------

    \17\ Cadeo Report, Variable Refrigerant Flow: A Preliminary 
Market Assessment. See: www.regulations.gov/document?D=EERE-2017-BT-TP-0018-0002. The report presents market share by VRF multi-split 
system equipment class, based on confidential sales data given in 
interviews with several major manufacturers of VRF multi-split 
equipment and DOE's Compliance Certification Database.
---------------------------------------------------------------------------

V. Conclusions

A. Consideration of More-Stringent Efficiency Levels

    When triggered by an update to ASHRAE Standard 90.1, EPCA requires 
DOE to establish an amended uniform national standard for equipment 
classes at the minimum level specified in the amended ASHRAE Standard 
90.1 unless DOE determines, by rule published in the Federal Register 
and supported by clear and convincing evidence, that adoption of a 
uniform national standard more stringent than the amended ASHRAE 
Standard 90.1 for the equipment class would result in significant 
additional conservation of energy and is technologically feasible and 
economically justified. (42 U.S.C. 6313(a)(6)(A)(ii)(I)-(II))
    As discussed in section II.B.3 of this final rule, following 
publication of the July 2019 NODA/RFI, the ASRAC Working Group reached 
consensus on two term sheets containing recommendations regarding the 
test procedure and energy conservation standards for VRF multi-split 
systems. As discussed in section III.B of this document, the 
recommended standards are consistent with the crosswalk conducted by 
DOE to translate the existing Federal standards in terms of EER to 
equivalent levels in terms of IEER, measured per AHRI 1230-2021. These 
recommended efficiency levels also align with the IEER and COP levels 
in ASHRAE Standard 90.1-2016. The Working Group did not consider more-
stringent efficiency levels.
    In the March 2022 NOPR, DOE considered but did not estimate 
potential energy savings that would occur from more-stringent 
standards. To assess the magnitude of potential energy savings from 
amended standards and determine which level, if any, of more-stringent 
standards would be economically justified, DOE must be able to properly 
represent the no-new-standards case--the case without amended 
standards--and must be able to properly characterize the technology 
options and costs associated with specific levels of efficiency. With 
regards to VRF multi-split systems, this would require developing 
efficiency data for the entire market in terms of IEER measured per 
AHRI 1230-2021. 87 FR 11335, 11348 (March 1, 2022).
    DOE considered two approaches for developing market-wide 
performance data in terms of IEER measured per AHRI 1230-2021: (1) DOE 
examined whether any such data exist in publicly-available sources, and 
(2) DOE considered whether existing performance data in terms of EER 
(measured per the current Federal test procedure) could be effectively 
translated to IEER (measured per AHRI 1230-2021). Id.
    On the first approach, DOE found that public data in terms of IEER 
measured per AHRI 1230-2021 are not available, as the rating of VRF 
multi-split systems using the updated metric and test procedure is not 
currently required. DOE acknowledged that IEER performance data are 
widely represented by VRF manufacturers, but that all such data are 
measured per an earlier version of the industry test standard (AHRI 
1230-2014) and, thus, not directly comparable. DOE also found that the 
AHRI Directory did not yet require IEER representations measured per 
AHRI 1230-2021. 87 FR 11335, 11348 (March 1, 2022).
    On the second approach, DOE considered the results of its crosswalk 
analysis to determine whether a market-wide translation of existing EER 
data to IEER data (measured per AHRI 1230-2021) was possible. As 
discussed in section III.A the NOPR, the combined effect of translating 
the Federal cooling efficiency metric from EER to IEER and the effect 
of test procedure changes between the current DOE test procedure (which 
references AHRI 1230-2010) and the proposed DOE test procedure (which 
would reference AHRI 1230-2021) is likely to produce different impacts 
on measured efficiency across different manufacturers and different 
models. As DOE's crosswalk analysis has shown, a minimally-compliant 
VRF multi-split system with 10.8 EER can result in a range of 
crosswalked IEER levels from 13 to 16, depending on control inputs 
selected by the manufacturer. Additionally, an estimation of energy 
savings potentials of more-stringent energy efficiency levels would 
require developing efficiency data for the entire VRF multi-split 
system market, which would be a much broader analysis than that 
conducted for the crosswalk. The crosswalk analysis conducted to 
support the Working Group recommendations and presented in the NOPR 
only translated the baseline efficiency level between the metrics for a 
single class of VRF multi-split system and did not translate all 
efficiency levels currently represented in the market. As noted, there 
are insufficient market data regarding the performance of VRF multi-
split systems measured in terms of IEER per AHRI 1230-2021. As such, 
DOE preliminarily determined that it lacked clear and convincing 
evidence to adopt more-stringent standard levels. Regardless of whether 
DOE preliminarily determined that more-stringent standards would be 
technologically feasible and economically justified, DOE would be 
unable to adopt such standards absent a determination, supported by 
clear and convincing evidence, that more-stringent standards would 
result in significant additional energy savings. (42 U.S.C. 
6313(a)(6)(A)(ii)(II)) Therefore, having preliminarily determined that 
it lacks clear and convincing evidence as to the energy savings that 
would result from more-stringent standards, DOE did not conduct 
analysis as to the technological

[[Page 18978]]

feasibility or economic justification of such standards for VRF multi-
split systems. 87 FR 11335, 11348 (March 1, 2022).
    In response to the March 2022 NOPR, AHRI commented that it supports 
the proposed standards. (AHRI. No. 77 at pp. 1-2) The CA IOUs, Lennox, 
Daikin, and Joint Advocates commented that they support DOE's proposal 
to adopt the VRF ECS levels from the ASRAC Working Group term sheet. 
(CA IOUs, No. 72 at p. 1; Lennox, No. 75 at p. 1; Daikin, No. 79 at p. 
1; Joint Advocates, No. 76 at p. 1) The CA IOUs commented that they 
acknowledge the challenges associated with the crosswalk analysis, and 
that they agree that DOE lacks the evidence necessary to justify 
efficiency levels above those in ASHRAE Standard 90.1. (CA IOUs, No. 72 
at p. 1) Conversely, NYSERDA commented that it is not convinced that 
the levels being set are the most efficient levels that DOE can justify 
and urged DOE to reevaluate its VRF standards once a database of 
equipment is available. (NYSERDA, No. 73 at p. 2)
    After carefully considering these comments, DOE concludes that it 
does not have the clear and convincing evidence necessary to justify 
the adoption of more-stringent energy conservation standard levels for 
VRF multi-split systems. To be able to properly characterize the 
technology options and associated costs, DOE would require efficiency 
data for the entire market in terms of IEER measured per AHRI 1230-
2021. As NYSERDA noted, DOE does not presently have such data 
available. Consequently, DOE concludes that more-stringent standards 
cannot be justified at this time. Therefore, DOE has not conducted 
analysis as to the technological feasibility or economic justification 
of more-stringent standards for VRF multi-split systems.

B. Review Under the Six-Year-Lookback Provision

    As discussed, DOE is required to conduct an evaluation of each 
class of covered equipment in ASHRAE Standard 90.1 every six years. (42 
U.S.C. 6313(a)(6)(C)(i)) Accordingly, DOE is evaluating 12 of the 
Federal VRF equipment classes for which ASHRAE Standard 90.1-2016 did 
not increase the stringency of the standards. Energy conservation 
standards for the two remaining classes of VRF multi-split systems 
(i.e., three-phase, air-cooled VRF multi-split systems with cooling 
capacity less than 65,000 Btu/h) are not addressed in this final rule 
and instead will be addressed in a separate energy conservation 
standards rulemaking. DOE may only adopt more-stringent standards 
pursuant to the six-year-lookback review if the Secretary determines, 
by rule published in the Federal Register and supported by clear and 
convincing evidence, that the adoption of more-stringent standards 
would result in significant additional conservation of energy and is 
technologically feasible and economically justified. (42 U.S.C. 
6313(a)(6)(C)(i)(II); 42 U.S.C. 6313(a)(6)(B); 42 U.S.C. 
6313(a)(6)(A)(ii)(II))
    For the reasons presented in the prior section, DOE has determined 
that it lacks clear and convincing evidence that more-stringent 
standards for these 12 equipment classes would result in significant 
additional energy savings. Because DOE does not have sufficient data to 
meet the ``clear and convincing'' threshold for these 12 classes, DOE 
did not conduct an analysis of standard levels more stringent than the 
current Federal standard levels for VRF multi-split systems that were 
not amended in ASHRAE Standard 90.1-2016. See section V.A of this 
document for further discussion of the consideration of energy 
efficiency levels more stringent than the ASHRAE Standard 90.1-2016 
levels.

C. Amended Energy Conservation Standards

    Based on the foregoing, DOE is amending energy conservation 
standards for VRF multi-split systems in terms of IEER and COP 
equivalent to those specified for VRF multi-split systems in ASHRAE 
Standard 90.1-2016, which align with the levels recommended in the 
ASRAC Working Group's VRF ECS Term Sheet. The amended standards are 
presented in Table I-1. Compliance with the amended standards is 
required for VRF multi-split systems manufactured in, or imported into, 
the United States starting January 1, 2024, which aligns with the 
Working Group's recommendation in the VRF ECS Term Sheet.
    As discussed, ASHRAE Standard 90.1-2016 includes more-stringent COP 
standards for six water-source VRF multi-split heat pump classes. EPCA 
provides that the compliance date for prescribing levels contained in 
ASHRAE Standard 90.1 shall be on or after a date that is two or three 
years (depending on the equipment type or size) after the effective 
date of the applicable minimum energy efficiency requirement in the 
amended ASHRAE standard. (42 U.S.C. 6313(a)(6)(D)) The effective date 
for amended COP standards in ASHRAE Standard 90.1-2016 was January 1, 
2017. In the March 2022 NOPR, DOE acknowledged that the statute 
originally tied calculation of a compliance date to either two or three 
years after the effective date of amended ASHRAE Standard 90.1. 
However, because these dates have passed, DOE proposed the date 
recommended in the VRF ECS Term Sheet (i.e., January 1, 2024) as a 
reasonable amount of lead time supported by a broad array of interested 
stakeholders. DOE stated that if it received comments in response to 
the NOPR that recommend alternative compliance date(s) later than 
January 1, 2024, DOE would consider adopting alternative compliance 
date(s) in the final rule. 87 FR 11335, 11349 (March 1, 2022).
    In response to the March 2022 NOPR, AHRI commented that, given that 
January 1, 2024 is rapidly approaching, DOE should consider using its 
authority under 42 U.S.C. 6313(a)(6)(A)(ii)(l) to make the proposed 
energy conservation standard effective sooner than 18 months after the 
rule is finalized. (AHRI, No. 77 at p. 2) Daikin encouraged DOE to 
finalize the VRF ECS rulemaking quickly, as industry needs as much time 
as possible to comply, especially with the revised VRF test procedure. 
(Daikin, No. 79 at p. 1) The CA IOUs, NYSERDA, and Joint Advocates also 
commented their support for the proposed compliance date of January 1, 
2024. (CA IOUs, No. 72 at p. 1; NYSERDA, No. 73 at p. 1 Joint 
Advocates, No. 76 at p. 1)
    GE commented that, because of the amount of time that has passed 
since the ASRAC Working Group term sheet was published, DOE should 
postpone the compliance date, as one year of lead time is not 
sufficient time for manufacturers to evaluate all products and make 
necessary changes to meet the new standard according to the new test 
procedure. (GE, No. 78 at p. 2) Similarly, Carrier commented that DOE 
should consider shifting the compliance date by 12-18 months, so that 
manufacturers have a minimum of two years between the publication of 
the final rule and the compliance date to give manufacturers enough 
time to implement the new test procedure and redesign their impacted 
equipment accordingly. (Carrier, No. 74 at p. 1)
    In response, DOE notes that manufacturers have been aware of the 
updated levels since the ASRAC Working Group reached consensus on the 
VRF ECS Term Sheet in 2019. While DOE acknowledges that the test 
procedure changes will impact rated efficiencies of VRF multi-split 
systems, the Department further notes that manufacturers have been 
aware of these changes since at least the publication of

[[Page 18979]]

AHRI 1230-2021. Thus, DOE concludes that manufacturers have had 
sufficient time to adjust to both the amended VRF energy conservation 
standards and the new VRF test procedure. Therefore, in this final 
rule, DOE maintains its compliance date of January 1, 2024, for amended 
standards for VRF multi-split systems.
    NYSERDA commented that DOE should consider beginning a new 
standards rulemaking prior to the date mandated under the six-year-
lookback requirement, as this will allow for advancements in the energy 
conservation standards for VRF multi-split systems based upon 
certification data generated by application of the new test procedure. 
(NYSERDA, No. 73 at p. 2)
    On NYSERDA's point, DOE will consider appropriate timing of its 
next proceeding for VRF multi-split systems in light of the relevant 
statutory deadlines and compliance dates for any future rulemakings.

VI. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 and 13563

    Executive Order (``E.O.'') 12866, ``Regulatory Planning and 
Review,'' 58 FR 51735 (Oct. 4, 1993), 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 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 rule 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 an initial regulatory flexibility analysis (IRFA) and a 
final regulatory flexibility analysis (FRFA) for any rule that by law 
must be proposed for public comment, unless the agency certifies that 
the rule, if promulgated, will not have a significant economic impact 
on a substantial number of small entities. As required by E.O. 13272, 
``Proper Consideration of Small Entities in Agency Rulemaking,'' 67 FR 
53461 (August 16, 2002), DOE published procedures and policies on 
February 19, 2003, to ensure that the potential impacts of its rules on 
small entities are properly considered during the rulemaking process. 
68 FR 7990. DOE has made its procedures and policies available on the 
Office of the General Counsel's website (www.energy.gov/gc/office-general-counsel). DOE reviewed this final rule to amend the Federal 
energy conservation standards for VRF multi-split systems under the 
provisions of the Regulatory Flexibility Act and the policies and 
procedures published on February 19, 2003. DOE certifies that this 
final rule will not have a significant economic impact on a substantial 
number of small entities. The factual basis for this certification is 
set forth in the following paragraphs.
    In this final rule, DOE is amending the existing Federal minimum 
energy conservation standards for VRF multi-split systems under EPCA's 
ASHRAE trigger requirement and the six-year lookback provision. Under 
the trigger, EPCA directs that if ASHRAE amends ASHRAE Standard 90.1, 
DOE must adopt uniform national amended standards at the new ASHRAE 
efficiency level, unless DOE determines, by rule published in the 
Federal Register and supported by clear and convincing evidence, that 
adoption of a more-stringent level would produce significant additional 
conservation of energy and would be technologically feasible and 
economically justified. (42 U.S.C. 6313(a)(6)(A)(ii)) Under the six-
year-lookback, DOE must also review energy efficiency standards for VRF 
multi-split systems every six years and either: (1) issue a notice of 
determination that the standards do not need to be amended based upon 
the criteria in 42 U.S.C. 6313(a)(6)(A) (i.e., that there is clear and 
convincing evidence to show that adoption of a more-stringent level 
would save significant additional energy and would be technologically 
feasible and economically justified); or (2) issue a notice of proposed 
rulemaking including new proposed standards based on certain criteria 
and procedures in 42 U.S.C. 6313(a)(6)(B). (42 U.S.C. 6313(a)(6)(C))
    In this document, DOE is updating the standards for VRF multi-split 
systems at 10 CFR 431.97 to align with the most recent version of 
ASHRAE Standard 90.1, including the updated COP levels for the six 
classes of VRF multi-split water-source heat pumps on which DOE was 
triggered. DOE is also expressing cooling efficiency standards in terms 
of the IEER metric, as measured according to the amended industry test 
procedure AHRI 1230-2021, and removing standard levels in terms of the 
EER metric, as measured according to the current DOE test procedure. 
Finally, DOE is amending the equipment class structure for VRF multi-
split systems to align with the equipment class structure present in 
ASHRAE Standard 90.1, with regards to capacity break points, 
supplementary heating type, and presence of heat recovery. The amended 
standard levels have a compliance date applying to all VRF multi-split 
systems manufactured on or after January 1, 2024. Table 14 to paragraph 
(f)(2) of 10 CFR 431.97 accounts for all changes between the previous 
Federal VRF multi-split system standards and those outlined in ASHRAE 
Standard 90.1-2016 (as reaffirmed in ASHRAE Standard 90.1-2019).
    DOE uses the Small Business Administration (SBA) small business 
size standards to determine whether manufacturers qualify as small 
businesses, which are listed by the North American Industry 
Classification

[[Page 18980]]

System (NAICS).\18\ The 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.
---------------------------------------------------------------------------

    \18\ The size standards are listed by NAICS code and industry 
description and are available at: www.sba.gov/document/support--table-size-standards (Last accessed on Dec. 30, 2022).
---------------------------------------------------------------------------

    VRF multi-split system manufacturers are classified under NAICS 
code 333415, ``Air-Conditioning and Warm Air Heating Equipment and 
Commercial and Industrial Refrigeration Equipment Manufacturing.'' The 
SBA sets a threshold of 1,250 employees or fewer for an entity to be 
considered as a small business for this category. This employee 
threshold includes all employees in a business's parent company and any 
other subsidiaries.
    Prior to the March 2022 NOPR, DOE conducted a focused inquiry into 
small business manufacturers of the equipment covered by this 
rulemaking. DOE used available public information to identify potential 
small manufacturers that manufacture domestically. DOE identified 
manufacturers using DOE's Compliance Certification Database \19\ and 
the AHRI Directory database. DOE used this publicly-available 
information to identify ten distinct original equipment manufacturers 
``OEMs'' of the covered VRF multi-split system equipment. In reviewing 
the ten OEMs, DOE did not identify any companies that met the SBA 
criteria for a small entity. 87 FR 11335, 11349-11350 (March 1, 2022). 
DOE requested comment regarding its tentative conclusions that there 
are no small business OEMs of VRF multi-split systems, that adoption of 
the prevailing industry standard levels would not result in any 
significant economic impact, and, accordingly, that the proposed rule 
would not have significant impacts on a substantial number of small 
manufacturers. Id.
---------------------------------------------------------------------------

    \19\ DOE's Compliance Certification Database is available at: 
www.regulations.doe.gov/ccms (Last accessed Dec. 30, 2022).
---------------------------------------------------------------------------

    In response, AHRI commented that they are not aware of any small 
business OEMs of VRF multi-split systems. (AHRI, No. 77 at p. 3) 
Therefore, DOE concludes that this final rule will not have ``a 
significant impact on a substantial number of small entities'' and that 
preparation of an IRFA/FRFA is not warranted. Additional information 
about this final rule is addressed elsewhere in this document. DOE has 
transmitted its certification 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 VRF multi-split systems must certify to DOE that 
their equipment complies with any applicable energy conservation 
standards. In certifying compliance, manufacturers must test their 
equipment according to the DOE test procedures for VRF multi-split 
systems, including any amendments adopted for those test procedures. 
DOE has established regulations for the certification and recordkeeping 
requirements for all covered consumer products and commercial 
equipment, including VRF multi-split systems. (See generally 10 CFR 
part 429). The collection-of-information requirement for the 
certification and recordkeeping is subject to review and approval by 
OMB under the Paperwork Reduction Act (PRA). This requirement has been 
approved by OMB under OMB control number 1910-1400. Public reporting 
burden for the certification is estimated to average 35 hours per 
response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information.
    This final rule does not make any changes to the certification and 
recordkeeping requirements for VRF multi-split system manufacturers.
    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

    Pursuant to the National Environmental Policy Act of 1969 (NEPA), 
DOE has analyzed this final rule in accordance with NEPA and DOE's NEPA 
implementing regulations (10 CFR part 1021). DOE has determined that 
this rule qualifies for categorical exclusion under 10 CFR part 1021, 
subpart D, appendix B5.1 because it is a rulemaking that establishes 
energy conservation standards for consumer products or industrial 
equipment, none of the exceptions identified in categorical exclusion 
B5.1(b) apply, no extraordinary circumstances exist that require 
further environmental analysis, and it otherwise meets the requirements 
for application of a categorical exclusion. See 10 CFR 1021.410. 
Therefore, DOE has determined that promulgation of this final rule is 
not a major Federal action significantly affecting the quality of the 
human environment within the meaning of NEPA, and does not require an 
environmental assessment or an environmental impact statement.

E. Review Under Executive Order 13132

    E.O. 13132, ``Federalism,'' 64 FR 43255 (August 10, 1999), imposes 
certain requirements on Federal 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 has examined this final rule and has 
determined that it would 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 
equipment that is 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. 6316(a) and (b); 42 U.S.C. 
6297) Therefore, no further action is required by Executive Order 
13132.

F. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil 
Justice Reform,'' 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. 61 FR 
4729 (Feb. 7, 1996). Regarding the review required by section 3(a), 
section 3(b) of E.O. 12988 specifically requires that executive 
agencies make every reasonable effort to ensure that the regulation: 
(1) clearly

[[Page 18981]]

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 E.O. 12988 requires executive 
agencies to review regulations in light of applicable standards in 
section 3(a) and section 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 E.O. 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 likely to result 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 ``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 them. On March 18, 1997, DOE published 
a statement of policy on its process for intergovernmental consultation 
under UMRA. 62 FR 12820. DOE's policy statement is also available at: 
www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf.
    DOE examined this final rule according to UMRA and its statement of 
policy and determined that this rule does not contain a Federal 
intergovernmental mandate, nor is it expected to require expenditures 
of $100 million or more in any one year by State, local, and Tribal 
governments, in the aggregate, or by the private sector. As a result, 
the analytical requirements of UMRA 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 would 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

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

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

K. Review Under Executive Order 13211

    E.O. 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 OIRA at OMB, 
a Statement of Energy Effects for any significant energy action. A 
``significant energy action'' is defined as any action by an agency 
that promulgates 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 should the proposal be implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    DOE has concluded that this regulatory action, which sets forth 
amended energy conservation standards for VRF multi-split systems, is 
not a significant energy action because it is not a significant 
regulatory action under Executive Order 12866. Moreover, the standards 
are not likely to have a significant adverse effect on the supply, 
distribution, or use of energy, nor has it been designated as such by 
the Administrator at OIRA. Accordingly, DOE has not prepared a 
Statement of Energy Effects.

L. Review Under the Information Quality Bulletin for Peer Review

    On December 16, 2004, OMB, in consultation with the Office of 
Science and Technology Policy (OSTP), issued its Final Information 
Quality Bulletin for Peer Review (the Bulletin). 70 FR 2664 (Jan. 14, 
2005). The Bulletin establishes that certain scientific information 
shall be peer reviewed by qualified specialists before it is 
disseminated by the Federal Government, including influential 
scientific information related to agency regulatory actions. The 
purpose of the Bulletin is to enhance the quality and credibility of 
the Government's scientific information. Under the Bulletin, the energy 
conservation standards rulemaking analyses are ``influential scientific 
information,'' which the Bulletin defines as ``scientific information 
the agency reasonably can determine will have, or does have, a clear 
and substantial impact on important public policies or private sector 
decisions.'' Id. at 70 FR 2667.
    In response to OMB's Bulletin, DOE conducted formal peer reviews of 
the energy conservation standards development process and the analyses 
that are typically used and has prepared a Peer Review report 
pertaining to the energy conservation standards

[[Page 18982]]

rulemaking analyses.\20\ Generation of this report involved a rigorous, 
formal, and documented evaluation using objective criteria and 
qualified and independent reviewers to make a judgment as to the 
technical/scientific/business merit, the actual or anticipated results, 
and the productivity and management effectiveness of programs and/or 
projects. Because available data, models, and technological 
understanding have changed since 2007, DOE has engaged with the 
National Academy of Sciences to review DOE's analytical methodologies 
to ascertain whether modifications are needed to improve the 
Department's analyses. DOE is in the process of evaluating the 
resulting December 2021 NAS report.\21\
---------------------------------------------------------------------------

    \20\ The 2007 ``Energy Conservation Standards Rulemaking Peer 
Review Report'' is available at: energy.gov/eere/buildings/downloads/energy-conservation-standards-rulemaking-peer-review-report-0 (Last accessed Oct. 3, 2022).
    \21\ The December 2021 NAS report is available at 
www.nationalacademies.org/our-work/review-of-methods-for-setting-building-and-equipment-performance-standards.
---------------------------------------------------------------------------

M. Congressional Notification

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

VII. 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 431

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

Signing Authority

    This document of the Department of Energy was signed on January 30, 
2023, by Francisco Alejandro Moreno, Acting 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 March 21, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons set forth in the preamble, DOE amends part 431 of 
chapter II, subchapter D, of title 10 of the Code of Federal 
Regulations, as set forth below:

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

0
1. The authority citation for part 431 continues to read as follows:

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


0
2. Section 431.97 is amended by:
0
a. Revising paragraph (f); and
0
b. Redesignating ``Table 14'' as ``Table 15'' in paragraph (g).
    The revision reads as follows:


Sec.  431.97  Energy efficiency standards and their compliance dates.

* * * * *
    (f)(1) Each variable refrigerant flow air conditioner or heat pump 
manufactured on or after the compliance date listed in table 13 of this 
section and prior to January 1, 2024, must meet the applicable minimum 
energy efficiency standard level(s) set forth in table 13 of this 
section.

Table 13 to Paragraph (F)(1) to Sec.   431.97--Minimum Efficiency Standards for Variable Refrigerant Flow Multi-
                                      Split Air Conditioners and Heat Pumps
----------------------------------------------------------------------------------------------------------------
                                                                                             Compliance date:
        Equipment type           Cooling capacity   Heating type \1\   Efficiency level   equipment manufactured
                                                                                            on and after . . .
----------------------------------------------------------------------------------------------------------------
VRF Multi-Split Air             <65,000 Btu/h....  All..............  13.0 SEER........  June 16, 2008.
 Conditioners (Air-Cooled).     >=65,000 Btu/h     No Heating or      11.2 EER.........  January 1, 2010.
                                 and <135,000 Btu/  Electric
                                 h.                 Resistance
                                                    Heating.
                                                   All Other Types    11.0 EER.........  January 1, 2010.
                                                    of Heating.
                                >=135,000 Btu/h    No Heating or      11.0 EER.........  January 1, 2010.
                                 and <240,000 Btu/  Electric
                                 h.                 Resistance
                                                    Heating.
                                                   All Other Types    10.8 EER.........  January 1, 2010.
                                                    of Heating.
                                >=240,000 Btu/h    No Heating or      10.0 EER.........  January 1, 2010.
                                 and <760,000 Btu/  Electric
                                 h.                 Resistance
                                                    Heating.
                                                   All Other Types    9.8 EER..........  January 1, 2010.
                                                    of Heating.
VRF Multi-Split Heat Pumps      <65,000 Btu/h....  All..............  13.0 SEER, 7.7     June 16, 2008.
 (Air-Cooled).                  >=65,000 Btu/h     No Heating or       HSPF.             January 1, 2010.
                                 and <135,000 Btu/  Electric          11.0 EER, 3.3 COP
                                 h.                 Resistance
                                                    Heating.
                                                   All Other Types    10.8 EER, 3.3 COP  January 1, 2010.
                                                    of Heating.
                                >=135,000 Btu/h    No Heating or      10.6 EER, 3.2 COP  January 1, 2010.
                                 and <240,000 Btu/  Electric
                                 h.                 Resistance
                                                    Heating.
                                                   All Other Types    10.4 EER, 3.2 COP  January 1, 2010.
                                                    of Heating.
                                >=240,000 Btu/h    No Heating or      9.5 EER, 3.2 COP.  January 1, 2010.
                                 and <760,000 Btu/  Electric
                                 h.                 Resistance
                                                    Heating.
                                                   All Other Types    9.3 EER, 3.2 COP.  January 1, 2010.
                                                    of Heating.
VRF Multi-Split Heat Pumps      <17,000 Btu/h....  Without Heat       12.0 EER, 4.2 COP  October 29, 2012.
 (Water-Source).                                    Recovery.                             October 29, 2003.
                                                   With Heat          11.8 EER, 4.2 COP  October 29, 2012.
                                                    Recovery.                             October 29, 2003.
                                >=17,000 Btu/h     All..............  12.0 EER, 4.2 COP  October 29, 2003.
                                 and <65,000 Btu/
                                 h.

[[Page 18983]]

 
                                >=65,000 Btu/h     All..............  12.0 EER, 4.2 COP  October 29, 2003.
                                 and <135,000 Btu/
                                 h.
                                >=135,000 Btu/h    Without Heat       10.0 EER, 3.9 COP  October 29, 2013.
                                 and <760,000 Btu/  Recovery.
                                 h.
                                                   With Heat          9.8 EER, 3.9 COP.  October 29, 2013.
                                                    Recovery.
----------------------------------------------------------------------------------------------------------------
\1\ VRF multi-split heat pumps (air-cooled) with heat recovery fall under the category of ``All Other Types of
  Heating'' unless they also have electric resistance heating, in which case it falls under the category for
  ``No Heating or Electric Resistance Heating.''

    (2) Each variable refrigerant flow air conditioner or heat pump 
(except air-cooled systems with cooling capacity less than 65,000 Btu/
h) manufactured on or after January 1, 2024, must meet the applicable 
minimum energy efficiency standard level(s) set forth in table 14 of 
this section.

  Table 14 to Paragraph (F)(2) to Sec.   431.97--Updated Minimum Efficiency Standards for Variable Refrigerant
                                Flow Multi-Split Air Conditioners and Heat Pumps
----------------------------------------------------------------------------------------------------------------
            Equipment type                  Size category             Heating type          Minimum efficiency
----------------------------------------------------------------------------------------------------------------
VRF Multi-Split Air Conditioners (Air- >=65,000 and <135,000    All....................  15.5 IEER.
 Cooled).                               Btu/h.
                                       >=135,000 and <240,000   All....................  14.9 IEER.
                                        Btu/h.
                                       >=240,000 Btu/h and      All....................  13.9 IEER.
                                        <760,000 Btu/h.
VRF Multi-Split Heat Pumps (Air-       >=65,000 and <135,000    Heat Pump without Heat   14.6 IEER, 3.3 COP.
 Cooled).                               Btu/h.                   Recovery.
                                                                Heat Pump with Heat      14.4 IEER, 3.3 COP.
                                                                 Recovery.
                                       >=135,000 and <240,000   Heat Pump without Heat   13.9 IEER, 3.2 COP.
                                        Btu/h.                   Recovery.               13.7 IEER, 3.2 COP.
                                                                Heat Pump with Heat
                                                                 Recovery.
                                       >=240,000 Btu/h and      Heat Pump without Heat   12.7 IEER, 3.2 COP.
                                        <760,000 Btu/h.          Recovery.               12.5 IEER, 3.2 COP.
                                                                Heat Pump with Heat
                                                                 Recovery.
VRF Multi-Split Heat Pumps (Water-     <65,000 Btu/h..........  Heat Pump without Heat   16.0 IEER, 4.3 COP.
 Source).                                                        Recovery.               15.8 IEER, 4.3 COP.
                                                                Heat Pump with Heat
                                                                 Recovery.
                                       >=65,000 and <135,000    Heat Pump without Heat   16.0 IEER, 4.3 COP.
                                        Btu/h.                   Recovery.               15.8 IEER, 4.3 COP.
                                                                Heat Pump with Heat
                                                                 Recovery.
                                       >=135,000 and <240,000   Heat Pump without Heat   14.0 IEER, 4.0 COP.
                                        Btu/h.                   Recovery.               13.8 IEER, 4.0 COP.
                                                                Heat Pump with Heat
                                                                 Recovery.
                                       >=240,000 Btu/h and      Heat Pump without Heat   12.0 IEER, 3.9 COP.
                                        <760,000 Btu/h.          Recovery.               11.8 IEER, 3.9 COP.
                                                                Heat Pump with Heat
                                                                 Recovery.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2023-06178 Filed 3-29-23; 8:45 a.m.]
BILLING CODE 6450-01-P