[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36392-36428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10859]



[[Page 36391]]

Vol. 88

Friday,

No. 106

June 2, 2023

Part III





Department of Energy





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10 CFR Part 431





Energy Conservation Program: Energy Conservation Standards for Computer 
Room Air Conditioners; Final Rule

  Federal Register / Vol. 88, No. 106 / Friday, June 2, 2023 / Rules 
and Regulations  

[[Page 36392]]


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DEPARTMENT OF ENERGY

10 CFR Part 431

[EERE-2020-BT-STD-0008]
RIN 1904-AF01


Energy Conservation Program: Energy Conservation Standards for 
Computer Room Air Conditioners

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

ACTION: Final rule.

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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 computer room air conditioners (CRACs) 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, Refrigeration 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 CRACs 
that rely on a new efficiency metric and are equivalent to those levels 
specified in ASHRAE Standard 90.1-2019. 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: The effective date of this rule is August 1, 2023. Compliance 
with the amended standards established for computer room air 
conditioners in this final rule is required on and after May 28, 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-2020-BT-STD-0008. 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. History of Standards Rulemaking for CRACs
III. General Discussion
    A. Background
    B. Test Procedure
    C. Efficiency and Capacity Crosswalk Analyses
    1. Increase in Return Air Dry-Bulb Temperature From 75 [deg]F to 
85 [deg]F
    2. Decrease in Entering Water Temperature for Water-Cooled CRACs
    3. Changes in External Static Pressure Requirements for Upflow 
Ducted CRACs
    4. Power Adder To Account for Pump and Heat Rejection Fan Power 
in NSenCOP Calculation for Water-Cooled and Glycol-Cooled CRACs
    5. Calculating Overall Changes in Measured Efficiency and 
Capacity From Test Procedure Changes
    a. Calculation of Crosswalked NSenCOP Levels
    b. Calculation of Translated NSCC Boundaries
    6. Crosswalk Results
    7. Comments Received Regarding DOE's Crosswalk
IV. Methodology for Estimates of Potential Energy Savings From 
ASHRAE Standard 90.1-2019 Levels
    A. Annual Energy Use
    1. Equipment Classes and Analytical Scope
    2. Efficiency Levels
    3. Analysis Method and Annual Energy Use Results
    B. Shipments Analysis
    C. No-New-Standards-Case Efficiency Distribution
    D. Compliance Dates and Analysis Period
    E. Estimates of Potential Energy Savings
V. Conclusions
    A. Consideration of More-Stringent Efficiency Levels
    B. Review Under Six-Year Lookback Provision
    C. Definition for Ducted Condenser
    D. Amended Energy Conservation Standards
    1. Impact of Any Lessening of Competition
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 CRACs, the subject of this 
rulemaking. (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 CRACs, whenever ASHRAE amends the standard levels 
or design requirements prescribed in ASHRAE Standard 90.1, ``Energy 
Standard for Buildings Except Low-Rise Residential Buildings'' (ASHRAE 
Standard 90.1). 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)) For each type of equipment, EPCA

[[Page 36393]]

directs that 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)) ASHRAE updated ASHRAE Standard 90.1 on 
October 24, 2019 (ASHRAE Standard 90.1-2019), thereby triggering DOE's 
previously referenced obligations pursuant to EPCA to determine for 
CRACs, whether: (1) the amended industry standard should be adopted; or 
(2) clear and convincing evidence exists to justify more-stringent 
standard levels. An update to ASHRAE Standard 90.1, ASHRAE Standard 
90.1-2022, published in January 2023 and retained the same standards 
levels for CRACs as those in ASHRAE Standard 90.1-2019.
    The current Federal energy conservation standards for CRACs are set 
forth at title 10 of the Code of Federal Regulations (CFR), 10 CFR 
431.97 and, as specified in 10 CFR 431.96, those standards are 
denominated in terms of Sensible Coefficient of Performance (SCOP) and 
based on the rating conditions in American National Standards Institute 
(ANSI)/ASHRAE 127-2007, ``Method of Testing for Rating Computer and 
Data Processing Room Unitary Air Conditioners'' (ANSI/ASHRAE 127-2007). 
However, the efficiency levels for CRACs set forth in ASHRAE Standard 
90.1-2019 are specified in terms of Net Sensible Coefficient of 
Performance (NSenCOP) and based on rating conditions in Air-
Conditioning, Heating, and Refrigeration Institute (AHRI) Standard 
1360-2017, ``Performance Rating of Computer and Data Processing Room 
Air Conditioners'' (AHRI 1360-2017), which differ from the rating 
conditions specified in ANSI/ASHRAE 127-2007 for most configurations of 
CRACs. Therefore, while SCOP and NSenCOP are both ratios of the net 
sensible cooling capacity (NSCC) to the power consumed by the unit, 
they are measured at different rating conditions for most 
configurations of CRACs \3\ and correspondingly provide different 
representations of efficiency. DOE has compared the stringency of 
standards in ASHRAE Standard 90.1-2019 (in terms of NSenCOP) to the 
corresponding current Federal energy conservation standards (in terms 
of SCOP) by conducting a crosswalk analysis. Based on the results of 
that analysis, DOE has concluded that the ASHRAE Standard 90.1-2019 
levels are equivalent in stringency to the current Federal standards 
for six equipment classes and are more stringent than the current 
Federal standards for the remaining 46 equipment classes of CRACs.
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    \3\ Additionally, for water-cooled and glycol-cooled CRACs, 
NSenCOP includes power adders to account for power that would be 
consumed in field installations by pumps and heat rejection 
component (e.g., cooling tower or dry cooler) fans. See section 
III.C of this final rule for further discussion of the evaluation of 
differences between SCOP and NSenCOP.
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    For all CRAC equipment classes, DOE has determined that there is 
not clear and convincing evidence of significant additional energy 
savings to justify amended standards for CRACs that are more stringent 
than the ASHRAE Standard 90.1-2019 levels. Clear and convincing 
evidence would exist only where the specific facts and data made 
available to DOE regarding a particular ASHRAE amendment demonstrate 
that there is no substantial doubt that a standard more stringent than 
that contained in the ASHRAE Standard 90.1 amendment is permitted 
because it would result in a significant additional amount of energy 
savings, and it is technologically feasible and economically justified.
    DOE normally performs multiple in-depth analyses to determine 
whether there is clear and convincing evidence to support more-
stringent energy conservation standards (i.e., whether more-stringent 
standards would produce significant additional conservation of energy 
and be technologically feasible and economically justified). However, 
as discussed in section V.A of this document, due to the lack of 
available market and performance data, DOE is unable to conduct the 
analysis necessary to evaluate the potential energy savings or evaluate 
whether more-stringent standards would be technologically feasible or 
economically justified, with sufficient certainty. Therefore, in 
accordance with the statutory provisions discussed in this section and 
elsewhere in this document, DOE is amending the energy conservation 
standards for CRACs so as to correspond to the efficiency levels 
specified for CRACs in ASHRAE Standard 90.1-2019. The amended 
standards, which are expressed in terms of NSenCOP, are presented in 
Table I-1 and Table I-2. These standards will apply to all CRACs listed 
in Table I-1 and Table I-2 manufactured in, or imported into, the 
United States starting on the compliance date 360 days after the 
publication date of this final rule. See section IV.D of this final 
rule for a discussion on the applicable lead times considered to 
determine this compliance date.

                                        Table I-1--Amended Energy Conservation Standards for Floor-Mounted CRACs
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                                                                            Minimum NSenCOP                                          Minimum NSenCOP
                                                                              efficiency                                               efficiency
            Equipment type              Net sensible cooling capacity -------------------------- Net sensible cooling capacity -------------------------
                                                     \1\                               Upflow                                   Upflow non-   Horizontal
                                                                         Downflow      ducted                                      ducted        flow
--------------------------------------------------------------------------------------------------------------------------------------------------------
Air-Cooled............................  <80,000 Btu/h \2\............         2.70         2.67  <65,000 Btu/h................         2.16         2.65
                                        >=80,000 Btu/h and <295,000           2.58     \3\ 2.55  >=65,000 Btu/h and <240,000           2.04         2.55
                                         Btu/h.                                                   Btu/h.
                                        >=295,000 Btu/h and <930,000          2.36         2.33  >=240,000 Btu/h and <760,000          1.89         2.47
                                         Btu/h.                                                   Btu/h.
Air-Cooled with Fluid Economizer......  <80,000 Btu/h................         2.70         2.67  <65,000 Btu/h................     \3\ 2.09         2.65
                                        >=80,000 Btu/h and <295,000           2.58     \3\ 2.55  >=65,000 Btu/h and <240,000       \3\ 1.99         2.55
                                         Btu/h.                                                   Btu/h.
                                        >=295,000 Btu/h and <930,000          2.36         2.33  >=240,000 Btu/h and <760,000          1.81         2.47
                                         Btu/h.                                                   Btu/h.
Water-Cooled..........................  <80,000 Btu/h................         2.82         2.79  <65,000 Btu/h................         2.43         2.79
                                        >=80,000 Btu/h and <295,000           2.73     \3\ 2.70  >=65,000 Btu/h and <240,000           2.32         2.68
                                         Btu/h.                                                   Btu/h.
                                        >=295,000 Btu/h and <930,000          2.67         2.64  >=240,000 Btu/h and <760,000          2.20         2.60
                                         Btu/h.                                                   Btu/h.
Water-Cooled with Fluid Economizer....  <80,000 Btu/h................         2.77         2.74  <65,000 Btu/h................         2.35         2.71
                                        >=80,000 Btu/h and <295,000           2.68     \3\ 2.65  >=65,000 Btu/h and <240,000           2.24         2.60
                                         Btu/h.                                                   Btu/h.

[[Page 36394]]

 
                                        >=295,000 Btu/h and <930,000          2.61         2.58  >=240,000 Btu/h and <760,000          2.12         2.54
                                         Btu/h.                                                   Btu/h.
Glycol-Cooled.........................  <80,000 Btu/h................         2.56         2.53  <65,000 Btu/h................         2.08         2.48
                                        >=80,000 Btu/h and <295,000           2.24         2.21  >=65,000 Btu/h and <240,000           1.90         2.18
                                         Btu/h.                                                   Btu/h.
                                        >=295,000 Btu/h and <930,000          2.21         2.18  >=240,000 Btu/h and <760,000          1.81         2.18
                                         Btu/h.                                                   Btu/h.
Glycol-Cooled with Fluid Economizer...  <80,000 Btu/h................         2.51         2.48  <65,000 Btu/h................         2.00         2.44
                                        >=80,000 Btu/h and <295,000           2.19         2.16  >=65,000 Btu/h and <240,000           1.82         2.10
                                         Btu/h.                                                   Btu/h.
                                        >=295,000 Btu/h and <930,000          2.15         2.12  >=240,000 Btu/h and <760,000          1.73         2.10
                                         Btu/h.                                                   Btu/h.
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\1\ For downflow and upflow-ducted CRACs, the NSCC measured per AHRI 1360-2017 and the latest update to the standard, AHRI 1360-2022, is higher than the
  NSCC measured per the current Federal test procedure (which references ANSI/ASHRAE 127-2007). Therefore, to ensure equipment currently covered by
  Federal standards is not removed from coverage, DOE translated the currently applicable upper capacity limit for these classes (760,000 Btu/h) to NSCC
  as measured per AHRI 1360-2017 and AHRI 1360-2022, resulting in a crosswalked upper capacity boundary of 930,000 Btu/h. Consequently, DOE has used
  930,000 Btu/h as the translated upper capacity limit for downflow and upflow-ducted CRACs in the analysis presented in this notice. For up-flow non-
  ducted CRACs, because there is no change in return air temperature conditions between ANSI/ASHRAE 127-2007 and AHRI 1360-2022, the capacity boundaries
  in ASHRAE Standard 90.1-2019 remain the same as those specified in the current Federal standards, and DOE correspondingly retains the current capacity
  boundaries. For horizontal-flow CRACs, DOE does not currently prescribe standards; therefore, a crosswalk of current capacity boundaries is not
  applicable. See section III.C.5 of this final rule for further discussion of DOE's crosswalk analysis of capacity boundaries for CRACs.
\2\ Btu/h refers to ``British thermal units per hour.''
\3\ The amended standard for this equipment class is of equivalent stringency to the currently applicable Federal standard--the adopted level is a
  translation from the current metric (SCOP) to the adopted metric (NSenCOP) and aligns with the corresponding level in ASHRAE Standard 90.1.


                   Table I-2--Amended Energy Conservation Standards for Ceiling-Mounted CRACs
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                                                                                    Minimum NSenCOP  efficiency
               Equipment type                   Net sensible cooling capacity    -------------------------------
                                                                                      Ducted        Non-ducted
----------------------------------------------------------------------------------------------------------------
Air-Cooled with Free Air Discharge           <29,000 Btu/h......................            2.05            2.08
 Condenser.                                  >=29,000 Btu/h and <65,000 Btu/h...            2.02            2.05
                                             >=65,000 Btu/h and <760,000 Btu/h..            1.92            1.94
Air-Cooled with Free Air Discharge           <29,000 Btu/h......................            2.01            2.04
 Condenser and Fluid Economizer.             >=29,000 Btu/h and <65,000 Btu/h...            1.97            2.00
                                             >=65,000 Btu/h and <760,000 Btu/h..            1.87            1.89
Air-Cooled with Ducted Condenser...........  <29,000 Btu/h......................            1.86            1.89
                                             >=29,000 Btu/h and <65,000 Btu/h...            1.83            1.86
                                             >=65,000 Btu/h and <760,000 Btu/h..            1.73            1.75
Air-Cooled with Ducted Condenser and Fluid   <29,000 Btu/h......................            1.82            1.85
 Economizer.                                 >=29,000 Btu/h and <65,000 Btu/h...            1.78            1.81
                                             >=65,000 Btu/h and <760,000 Btu/h..            1.68            1.70
Water-Cooled...............................  <29,000 Btu/h......................            2.38            2.41
                                             >=29,000 Btu/h and <65,000 Btu/h...            2.28            2.31
                                             >=65,000 Btu/h and <760,000 Btu/h..            2.18            2.20
Water-Cooled with Fluid Economizer.........  <29,000 Btu/h......................            2.33            2.36
                                             >=29,000 Btu/h and <65,000 Btu/h...            2.23            2.26
                                             >=65,000 Btu/h and <760,000 Btu/h..            2.13            2.16
Glycol-Cooled..............................  <29,000 Btu/h......................            1.97            2.00
                                             >=29,000 Btu/h and <65,000 Btu/h...            1.93            1.98
                                             >=65,000 Btu/h and <760,000 Btu/h..            1.78            1.81
Glycol-Cooled with Fluid Economizer........  <29,000 Btu/h......................            1.92            1.95
                                             >=29,000 Btu/h and <65,000 Btu/h...            1.88            1.93
                                             >=65,000 Btu/h and <760,000 Btu/h..            1.73            1.76
----------------------------------------------------------------------------------------------------------------

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 CRACs.

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 
equipment includes small, large, and very large commercial package air 
conditioning and heating equipment, which includes CRACs, the subject 
of this rulemaking. (42 U.S.C. 6311(1)(B)-(D)) Pursuant to EPCA, DOE is 
required 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 
standard levels or design requirements prescribed in ASHRAE/IES 
Standard 90.1, and under a separate statutory provision, DOE must 
consider amendments to the standards for such equipment, at a minimum, 
every six years, regardless of ASHRAE action. (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

[[Page 36395]]

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 42 U.S.C. 6316(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 each 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 relevant 
standards promulgated under EPCA. The DOE test procedures for CRACs 
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 
applicable under that standard, DOE must adopt amended standards at the 
new ASHRAE efficiency level, unless DOE determines, supported by clear 
and convincing evidence,\4\ 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))
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    \4\ 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 authority to 
conduct a rulemaking pursuant to 42 U.S.C. 6313(a)(6)(A) to consider a 
higher standard for that equipment, 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 performs a crosswalk analysis to 
determine whether the amended metric under ASHRAE Standard 90.1 results 
in an energy efficiency level more stringent than the current DOE 
standard.
    Under EPCA, DOE must also review its energy conservation standards 
for CRACs 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).\5\ (42 U.S.C. 6313(a)(6)(C))
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    \5\ 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 any 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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    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 equipment 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 
equipment 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))
    Further, EPCA establishes a rebuttable presumption that an energy 
conservation standard is economically justified if the Secretary finds 
that the additional cost to the consumer of purchasing a product that 
complies with the standard will be less than three times the value of 
the energy (and, as applicable, water) savings during the first year 
that the consumer will receive as a result of the standard, as 
calculated under the applicable test procedure. (42

[[Page 36396]]

U.S.C. 6295(o)(2)(B)(iii)) However, while this rebuttable presumption 
analysis applies to most commercial and industrial equipment (42 U.S.C. 
6316(a)), it is not a required analysis for ASHRAE equipment (42 U.S.C. 
6316(b)(1)).
    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 equipment 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/h (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/h; and (ii) below 240,000 Btu/h (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/h; and (ii) below 760,000 
Btu/h (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 CRAC, 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. Within 
this equipment category, further distinctions are made at the equipment 
class level based on capacity and other equipment attributes.
    DOE has recently amended the definition of CRAC in a test procedure 
final rule issued in March 2023 (March 2023 TP final rule). See EERE-
2021-BT-TP-0017. Specifically, DOE has revised the definition to 
include how the manufacturer markets a model for use, consistent with 
the definition in the industry standard, AHRI 1360-2022, which also 
defines CRACs based on marketing. Id. The amended definition notes that 
CRACs include, but are not limited to, the following configurations as 
defined in 10 CFR 431.92: down-flow, horizontal-flow, up-flow ducted, 
up-flow non-ducted, ceiling-mounted ducted, ceiling mounted non-ducted, 
roof-mounted, and wall-mounted. Id.
    In a final rule published in the Federal Register on May 16, 2012 
(May 2012 final rule), DOE established energy conservation standards 
for CRACs. Compliance with standards was required for units 
manufactured: (1) on and after October 29, 2012, for equipment classes 
with NSCC less than 65,000 Btu/h and (2) on or after October 29, 2013, 
for equipment classes with NSCC greater than or equal to 65,000 Btu/h 
and less than 760,000 Btu/h. 77 FR 28929, 28995. These standards are 
set forth in DOE's regulations at 10 CFR 431.97 and are repeated in 
Table II-1.

                            Table II-1--Current Federal Energy Conservation Standards
----------------------------------------------------------------------------------------------------------------
                                                                                      Minimum SCOP efficiency
               Equipment type                   Net sensible cooling capacity    -------------------------------
                                                                                     Downflow         Upflow
----------------------------------------------------------------------------------------------------------------
Air-Cooled.................................  <65,000 Btu/h......................            2.20            2.09
                                             >=65,000 Btu/h and <240,000 Btu/h..            2.10            1.99
                                             >=240,000 Btu/h and <760,000 Btu/h.            1.90            1.79
Water-Cooled...............................  <65,000 Btu/h......................            2.60            2.49
                                             >=65,000 Btu/h and <240,000 Btu/h..            2.50            2.39
                                             >=240,000 Btu/h and <760,000 Btu/h.            2.40            2.29
Water-Cooled with a Fluid Economizer.......  <65,000 Btu/h......................            2.55            2.44
                                             >=65,000 Btu/h and <240,000 Btu/h..            2.45            2.34
                                             >=240,000 Btu/h and <760,000 Btu/h.            2.35            2.24
Glycol-Cooled..............................  <65,000 Btu/h......................            2.50            2.39
                                             >=65,000 Btu/h and <240,000 Btu/h..            2.15            2.04
                                             >=240,000 Btu/h and <760,000 Btu/h.            2.10            1.99
Glycol-Cooled with a Fluid Economizer......  <65,000 Btu/h......................            2.45            2.34
                                             >=65,000 Btu/h and <240,000 Btu/h..            2.10            1.99
                                             >=240,000 Btu/h and <760,000 Btu/h.            2.05            1.94
----------------------------------------------------------------------------------------------------------------

    DOE's current equipment classes for CRACs are differentiated by 
condenser heat rejection medium (air-cooled, water-cooled, water-cooled 
with fluid economizer, glycol-cooled, or glycol-cooled with fluid 
economizer), NSCC (less than 65,000 Btu/h, greater than or equal to 
65,000 Btu/h and less than 240,000 Btu/h, or greater than or equal to 
240,000 Btu/h and less than 760,000 Btu/h), and direction of 
conditioned air over the cooling coil (upflow or downflow). 10 CFR 
431.97.
    As noted previously, DOE's test procedure for CRACs was last 
amended in the March 2023 TP final rule, and is set forth at appendix 
E1 to Subpart F of 10 CFR part 431. See EERE-2021-BT-TP-0017. The 
amended test procedure incorporates by reference AHRI Standard 1360-
2022, ``Performance Rating of Computer and Data Processing Room Air 
Conditioners'' (AHRI 1360-2022) and uses the energy efficiency metric, 
NSenCOP, for all CRAC equipment classes. Id. Testing in accordance with 
the amended test

[[Page 36397]]

procedure is not required until such time as compliance is required 
with amended energy conservation standards for CRACs that rely on 
NSenCOP. Id. In parallel, DOE also established appendix E, which 
continues to reference ANSI/ASHRAE 127-2007 and provide instructions 
for determining SCOP. Id. CRACs are required to be tested according to 
appendix E until such time as compliance is required with amended 
energy conservation standards that rely on the NSenCOP metric. Id.
2. History of Standards Rulemaking for CRACs
    As discussed, the energy conservation standards for CRACs were most 
recently amended in the May 2012 final rule. 77 FR 28928 (May 16, 
2012). The May 2012 final rule established equipment classes for CRACs 
and adopted energy conservation standards that correspond to the levels 
in the 2010 revision of ASHRAE Standard 90.1 (ASHRAE Standard 90.1-
2010).
    ASHRAE released the 2016 version of ASHRAE Standard 90.1 (ASHRAE 
Standard 90.1-2016) on October 26, 2016, which updated its test 
procedure reference for CRACs from ANSI/ASHRAE 127-2007 to AHRI 
Standard 1360-2016, ``Performance Rating of Computer and Data 
Processing Room Air Conditioners'' (AHRI 1360-2016), which in turn 
references ANSI/ASHRAE 127-2012, ``Method of Testing for Rating 
Computer and Data Processing Room Unitary Air Conditioners'' (ANSI/
ASHRAE 127-2012). The energy efficiency metric for CRACs in AHRI 1360-
2016 is NSenCOP. ASHRAE Standard 90.1-2016 established new equipment 
classes and added efficiency levels for horizontal-flow CRACs, 
disaggregated the upflow CRAC equipment classes into upflow ducted and 
upflow non-ducted equipment classes, and established different sets of 
efficiency levels for upflow ducted and upflow non-ducted equipment 
classes based on the corresponding rating conditions specified in AHRI 
1360-2016.
    DOE published a notice of data availability and request for 
information (NODA/RFI) in response to the amendments to the industry 
consensus standard contained in ASHRAE Standard 90.1-2016 in the 
Federal Register on September 11, 2019 (September 2019 NODA/RFI). 84 FR 
48006. In the September 2019 NODA/RFI, DOE explained its methodology 
and assumptions to compare the current Federal standards for CRACs (in 
terms of SCOP as measured per ANSI/ASHRAE 127-2007) to the levels in 
ASHRAE Standard 90.1-2016 (in terms of NSenCOP and measured per AHRI 
1360-2016) and requested comment on its methodology and results. 84 FR 
48006, 48014-48019 (Sept. 11, 2019).
    On October 24, 2019, ASHRAE officially released for distribution 
and made public ASHRAE Standard 90.1-2019. ASHRAE Standard 90.1-2019 
updated its test procedure reference for CRACs from AHRI 1360-2016 to 
AHRI 1360-2017, which also references ANSI/ASHRAE 127-2012. ASHRAE 
Standard 90.1-2019 maintained the equipment class structure for floor-
mounted CRACs as established in ASHRAE Standard 90.1-2016 and updated 
the efficiency levels in ASHRAE Standard 90.1-2016 for all but three of 
those equipment classes. ASHRAE Standard 90.1-2019 also added classes 
for air-cooled CRACs with fluid economizers and a new table with new 
efficiency levels for ceiling-mounted CRAC equipment classes. The 
equipment in the horizontal-flow and ceiling-mounted classes is 
currently not subject to Federal standards set forth in 10 CFR 
431.97.\6\ In contrast, upflow and downflow air-cooled CRACs with fluid 
economizers are currently subject to the Federal standards in 10 CFR 
431.97 for air-cooled equipment classes.
---------------------------------------------------------------------------

    \6\ DOE issued a draft guidance document on October 7, 2015, to 
clarify that horizontal-flow and ceiling-mounted CRACs are covered 
equipment and are required to be tested under the current DOE test 
procedure for purposes of making representations of energy 
consumption. (Docket No. EERE-2014-BT-GUID-0022, No. 3, pp. 1-2)
---------------------------------------------------------------------------

    DOE also published a NODA/RFI in response to the amendments in 
ASHRAE Standard 90.1-2019 and the comments received in response to the 
September 2019 NODA/RFI, in the Federal Register on September 25, 2020 
(September 2020 NODA/RFI). 85 FR 60642. In the September 2020 NODA/RFI, 
DOE conducted a crosswalk analysis (similar to the September 2019 NODA/
RFI) to compare the current Federal standards for CRACs (in terms of 
SCOP as measured per ANSI/ASHRAE 127-2007) to the levels in ASHRAE 
Standard 90.1-2019 (in terms of NSenCOP as measured per AHRI 1360-2017) 
and requested comment on its methodology and results. 85 FR 60642, 
60653-60660 (Sept. 25, 2020).
    Subsequently, on March 7, 2022, DOE published in the Federal 
Register a NOPR proposing amended CRAC standards in alignment with 
ASHRAE Standard 90.1-2019 (March 2022 ECS NOPR). 87 FR 12802. In the 
March 2022 ECS NOPR, DOE outlined the plan to crosswalk the existing 
CRAC energy conservation standards (denominated in terms of SCOP) to 
the standards in ASHRAE Standard 90.1-2019 (denominated in terms of 
NSenCOP) and requested comment. DOE received comments in response to 
the March 2022 ECS NOPR from the interested parties listed in Table II-
2.

                                Table II-2--March 2022 ECS NOPR Written Comments
----------------------------------------------------------------------------------------------------------------
                                                                      Comment number
              Commenter(s)                       Abbreviation          in the docket        Commenter type
----------------------------------------------------------------------------------------------------------------
Air-Conditioning, Heating &               AHRI......................            0012  Industry Trade
 Refrigeration Institute.                                                              Association.
New York State Energy Research and        NYSERDA \7\...............            0014  State Agency.
 Development Authority.
Pacific Gas and Electric Company, San     CA IOUs...................            0013  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.\8\ 
To the extent that interested parties have provided written comments 
that are substantively consistent with any oral comments provided 
during the April 13, 2022, public meeting webinar for the CRACs ECS 
NOPR, DOE cites the written comments throughout this final rule. In 
this case, there were no relevant

[[Page 36398]]

webinar comments that were not reflected in written comments.
---------------------------------------------------------------------------

    \7\ NYSERDA's comment was received three days after the comment 
deadline.
    \8\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
energy conservation standards for CRACs. (Docket No. EERE-2020-BT-
STD-0008, which is maintained at www.regulations.gov). The 
references are arranged as follows: (commenter name, comment docket 
ID number, page of that document).
---------------------------------------------------------------------------

    Additionally, on February 7, 2022, DOE published in the Federal 
Register a test procedure NOPR (February 2022 TP NOPR), in which DOE 
proposed an amended test procedure for CRACs that would incorporate by 
reference the substance of a draft version of AHRI 1360 standard, AHRI 
Standard 1360-202X, Performance Rating of Computer and Data Processing 
Room Air Conditioners (AHRI 1360-202X Draft) and adopts NSenCOP as the 
test metric for CRACs. 87 FR 6948. At the time of the publication of 
the February 2022 TP NOPR, AHRI Standard 1360-202X Draft was in draft 
form, and its text was provided to the Department for the purposes of 
review. As stated in the February 2022 TP NOPR, DOE intended to update 
the reference to the final published version of AHRI 1360-202X Draft. 
87 FR 6948, 6951 (Feb. 7, 2022). In November 2022, AHRI finalized AHRI 
1360-202X Draft by publishing AHRI 1360-2022. AHRI 1360-2022 did not 
include any substantial changes from the AHRI-1360-202X Draft that was 
referenced in the February 2022 TP NOPR.
    Subsequently, in March 2023, DOE issued the March 2023 TP final 
rule updating the reference to AHRI 1360-2022. See EERE-2021-BT-TP-
0017.

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.
    This final rule covers commercial equipment that meet the 
definition of CRACs, as codified at 10 CFR 431.92.

A. Background

    As mentioned, DOE presented an efficiency crosswalk analysis in the 
September 2020 NODA/RFI to compare the stringency of the current 
Federal standards (represented in terms of SCOP based on the current 
DOE test procedure) for CRACs to the stringency of the efficiency 
levels for this equipment in ASHRAE Standard 90.1-2019 (represented in 
terms of NSenCOP and based on AHRI 1360-2017). 85 FR 60642, 60648 
(Sept. 25, 2020). In the February 2022 TP NOPR, DOE proposed to 
incorporate by reference the then latest draft version of AHRI Standard 
1360, AHRI 1360-202X Draft, and to adopt NSenCOP as the test metric in 
the DOE test procedure for CRACs. 87 FR 6948 (Feb. 7, 2022). In the 
March 2022 ECS NOPR, DOE noted that because the rating conditions 
specified in AHRI 1360-2017 and AHRI 1360-202X Draft are the same for 
the classes covered by DOE's crosswalk analysis (upflow ducted, upflow 
non-ducted, and downflow), the same crosswalk as described in the 
September 2020 NODA/RFI can be used to compare DOE's current SCOP-based 
CRAC standards to relevant NSenCOP values determined according to AHRI 
1360-202X Draft. 87 FR 12802, 12808 (March 7, 2022).
    In November 2022, AHRI finalized AHRI 1360-202X Draft and published 
AHRI 1360-2022. Subsequently, in the March 2023 TP final rule, DOE 
adopted AHRI 1360-2022. See EERE-2021-BT-TP-0017. The rating conditions 
specified in AHRI 1360-2022 and AHRI 1360-202X Draft are unchanged for 
the classes covered by DOE's crosswalk analysis, so accordingly, DOE 
has concluded that the crosswalk as described in the September 2020 
NODA/RFI can be used to compare DOE's current SCOP-based CRAC standards 
to relevant NSenCOP values determined according to AHRI 1360-2022.
    In the September 2020 NODA/RFI, DOE's analysis focused on whether 
DOE had been triggered by ASHRAE Standard 90.1-2019 updates to minimum 
efficiency levels for CRACs and whether more-stringent standards were 
warranted. As discussed in detail in section III.C of this final rule, 
DOE conducted a crosswalk analysis of the ASHRAE Standard 90.1-2019 
standard levels (in terms of NSenCOP) and the corresponding current 
Federal energy conservation standards (in terms of SCOP) to compare the 
stringencies. DOE has determined that the updates in ASHRAE Standard 
90.1-2019 increased the stringency of efficiency levels for 48 
equipment classes and maintained equivalent levels for 6 equipment 
classes of CRACs relative to the current Federal standard. In addition, 
ASHRAE Standard 90.1-2019 includes efficiency levels for 18 classes of 
horizontal-flow CRACs and 48 classes of ceiling-mounted CRACs which are 
not currently subject to Federal standards and, therefore, require no 
crosswalk. As discussed in section V of this document, DOE is adopting 
standards for horizontal-flow CRACs and ceiling-mounted CRACs.
    Table III-1 shows the equipment classes and efficiency levels for 
CRACs provided in ASHRAE Standard 90.1-2019 alongside the current 
Federal energy conservation standards. Table III-1 also displays the 
corresponding existing Federal equipment classes for clarity and 
indicates whether the updated levels in ASHRAE Standard 90.1-2019 
trigger DOE's evaluation pursuant to 42 U.S.C. 6313(a)(6)(A) (i.e., 
whether the update results in a standard level more stringent than the 
current Federal level).

   Table III-1--Energy Efficiency Levels for CRACs in ASHRAE Standard 90.1-2019 and the Corresponding Federal
                                          Energy Conservation Standards
----------------------------------------------------------------------------------------------------------------
                                                          Energy
                                                        efficiency     Federal energy   DOE triggered by ASHRAE
  ASHRAE standard 90.1-2019       Current federal       levels in       conservation       standard 90.1-2019
     equipment class \1\        equipment class \1\  ASHRAE standard   standards \2\           amendment?
                                                      90.1-2019 \2\
----------------------------------------------------------------------------------------------------------------
Air-Cooled, <80,000 Btu/h,     Air-Cooled, <65,000   2.70 NSenCOP...  2.20 SCOP......  Yes
 Downflow.                      Btu/h, Downflow.
Air-Cooled, <65,000 Btu/h,     N/A.................  2.65 NSenCOP...  N/A............  Yes \3\
 Horizontal-flow.
Air-Cooled, <80,000 Btu/h,     Air-Cooled, <65,000   2.67 NSenCOP...  2.09 SCOP......  Yes
 Upflow Ducted.                 Btu/h, Upflow.
Air-Cooled, <65,000 Btu/h,     Air-Cooled, <65,000   2.16 NSenCOP...  2.09 SCOP......  Yes
 Upflow Non-Ducted.             Btu/h, Upflow.
Air-Cooled, >=80,000 and       Air-Cooled, >=65,000  2.58 NSenCOP...  2.10 SCOP......  Yes
 <295,000 Btu/h, Downflow.      and <240,000 Btu/h,
                                Downflow.
Air-Cooled, >=65,000 and       N/A.................  2.55 NSenCOP...  N/A............  Yes \3\
 <240,000 Btu/h, Horizontal-
 flow.
Air-Cooled, >=80,000 and       Air-Cooled, >=65,000  2.55 NSenCOP...  1.99 SCOP......  No \4\
 <295,000 Btu/h, Upflow         and <240,000 Btu/h,
 Ducted.                        Upflow.

[[Page 36399]]

 
Air-Cooled, >=65,000 and       Air-Cooled, >=65,000  2.04 NSenCOP...  1.99 SCOP......  Yes
 <240,000 Btu/h, Upflow Non-    and <240,000 Btu/h,
 Ducted.                        Upflow.
Air-Cooled, >=295,000 Btu/h,   Air-Cooled,           2.36 NSenCOP...  1.90 SCOP......  Yes
 Downflow.                      >=240,000 Btu/h and
                                <760,000 Btu/h,
                                Downflow.
Air-Cooled, >=240,000 Btu/h,   N/A.................  2.47 NSenCOP...  N/A............  Yes \3\
 Horizontal-flow.
Air-Cooled, >=295,000 Btu/h,   Air-Cooled,           2.33 NSenCOP...  1.79 SCOP......  Yes
 Upflow Ducted.                 >=240,000 Btu/h and
                                <760,000 Btu/h,
                                Upflow.
Air-Cooled, >=240,000 Btu/h,   Air-Cooled,           1.89 NSenCOP...  1.79 SCOP......  Yes
 Upflow Non-ducted.             >=240,000 Btu/h and
                                <760,000 Btu/h,
                                Upflow.
Air-Cooled with fluid          Air-Cooled, <65,000   2.70 NSenCOP...  2.20 SCOP......  Yes \5\
 economizer, <80,000 Btu/h,     Btu/h, Downflow.
 Downflow.
Air-Cooled with fluid          N/A.................  2.65 NSenCOP...  N/A............  Yes \3\
 economizer, <65,000 Btu/h,
 Horizontal-flow.
Air-Cooled with fluid          Air-Cooled, <65,000   2.67 NSenCOP...  2.09 SCOP......  Yes \5\
 economizer, <80,000 Btu/h,     Btu/h, Upflow.
 Upflow Ducted.
Air-Cooled with fluid          Air-Cooled, <65,000   2.09 NSenCOP...  2.09 SCOP......  No \4\
 economizer, <65,000 Btu/h,     Btu/h, Upflow.
 Upflow Non-Ducted.
Air-Cooled with fluid          Air-Cooled, >=65,000  2.58 NSenCOP...  2.10 SCOP......  Yes \5\
 economizer, >=80,000 and       and <240,000 Btu/h,
 <295,000 Btu/h, Downflow.      Downflow.
Air-Cooled with fluid          N/A.................  2.55 NSenCOP...  N/A............  Yes \3\
 economizer, >=65,000 and
 <240,000 Btu/h, Horizontal-
 flow.
Air-Cooled with fluid          Air-Cooled, >=65,000  2.55 NSenCOP...  1.99 SCOP......  No \4\
 economizer, >=80,000 and       and <240,000 Btu/h,
 <295,000 Btu/h, Upflow         Upflow.
 Ducted.
Air-Cooled with fluid          Air-Cooled, >=65,000  1.99 NSenCOP...  1.99 SCOP......  No \4\
 economizer, >=65,000 and       and <240,000 Btu/h,
 <240,000 Btu/h, Upflow Non-    Upflow.
 Ducted.
Air-Cooled with fluid          Air-Cooled,           2.36 NSenCOP...  1.90 SCOP......  Yes \5\
 economizer, >=295,000 Btu/h,   >=240,000 Btu/h and
 Downflow.                      <760,000 Btu/h,
                                Downflow.
Air-Cooled with fluid          N/A.................  2.47 NSenCOP...  N/A............  Yes \3\
 economizer, >=240,000 Btu/h,
 Horizontal-flow.
Air-Cooled with fluid          Air-Cooled,           2.33 NSenCOP...  1.79 SCOP......  Yes \5\
 economizer, >=295,000 Btu/h,   >=240,000 Btu/h and
 Upflow Ducted.                 <760,000 Btu/h,
                                Upflow.
Air-Cooled with fluid          Air-Cooled,           1.81 NSenCOP...  1.79 SCOP......  Yes \5\
 economizer, >=240,000 Btu/h,   >=240,000 Btu/h and
 Upflow Non-ducted.             <760,000 Btu/h,
                                Upflow.
Water-Cooled, <80,000 Btu/h,   Water-Cooled,         2.82 NSenCOP...  2.60 SCOP......  Yes
 Downflow.                      <65,000 Btu/h,
                                Downflow.
Water-Cooled, <65,000 Btu/h,   N/A.................  2.79 NSenCOP...  N/A............  Yes \3\
 Horizontal-flow.
Water-Cooled, <80,000 Btu/h,   Water-Cooled,         2.79 NSenCOP...  2.49 SCOP......  Yes
 Upflow Ducted.                 <65,000 Btu/h,
                                Upflow.
Water-Cooled, <65,000 Btu/h,   Water-Cooled,         2.43 NSenCOP...  2.49 SCOP......  Yes
 Upflow Non-ducted.             <65,000 Btu/h,
                                Upflow.
Water-Cooled, >=80,000 and     Water-Cooled,         2.73 NSenCOP...  2.50 SCOP......  Yes
 <295,000 Btu/h, Downflow.      >=65,000 and
                                <240,000 Btu/h,
                                Downflow.
Water-Cooled, >=65,000 and     N/A.................  2.68 NSenCOP...  N/A............  Yes \3\
 <240,000 Btu/h, Horizontal-
 flow.
Water-Cooled, >=80,000 and     Water-Cooled,         2.70 NSenCOP...  2.39 SCOP......  No \4\
 <295,000 Btu/h, Upflow         >=65,000 and
 Ducted.                        <240,000 Btu/h,
                                Upflow.
Water-Cooled, >=65,000 and     Water-Cooled,         2.32 NSenCOP...  2.39 SCOP......  Yes
 <240,000 Btu/h, Upflow Non-    >=65,000 and
 ducted.                        <240,000 Btu/h,
                                Upflow.
Water-Cooled, >=295,000 Btu/   Water-Cooled,         2.67 NSenCOP...  2.40 SCOP......  Yes
 h, Downflow.                   >=240,000 Btu/h and
                                <760,000 Btu/h,
                                Downflow.
Water-Cooled, >=240,000 Btu/   N/A.................  2.60 NSenCOP...  N/A............  Yes \3\
 h, Horizontal-flow.
Water-Cooled, >=295,000 Btu/   Water-Cooled,         2.64 NSenCOP...  2.29 SCOP......  Yes
 h, Upflow Ducted.              >=240,000 Btu/h and
                                <760,000 Btu/h,
                                Upflow.
Water-Cooled, >=240,000 Btu/   Water-Cooled,         2.20 NSenCOP...  2.29 SCOP......  Yes
 h, Upflow Non-ducted.          >=240,000 Btu/h and
                                <760,000 Btu/h,
                                Upflow.
Water-Cooled with fluid        Water-Cooled with     2.77 NSenCOP...  2.55 SCOP......  Yes
 economizer, <80,000 Btu/h,     fluid economizer,
 Downflow.                      <65,000 Btu/h,
                                Downflow.
Water-Cooled with fluid        N/A.................  2.71 NSenCOP...  N/A............  Yes \3\
 economizer, <65,000 Btu/h,
 Horizontal-flow.
Water-Cooled with fluid        Water-Cooled with     2.74 NSenCOP...  2.44 SCOP......  Yes
 economizer, <80,000 Btu/h,     fluid economizer,
 Upflow Ducted.                 <65,000 Btu/h,
                                Upflow.

[[Page 36400]]

 
Water-Cooled with fluid        Water-Cooled with     2.35 NSenCOP...  2.44 SCOP......  Yes
 economizer, <65,000 Btu/h,     fluid economizer,
 Upflow Non-ducted.             <65,000 Btu/h,
                                Upflow.
Water-Cooled with fluid        Water-Cooled with     2.68 NSenCOP...  2.45 SCOP......  Yes
 economizer, >=80,000 and       fluid economizer,
 <295,000 Btu/h, Downflow.      >=65,000 and
                                <240,000 Btu/h,
                                Downflow.
Water-Cooled with fluid        N/A.................  2.60 NSenCOP...  N/A............  Yes \3\
 economizer, >=65,000 and
 <240,000 Btu/h, Horizontal-
 flow.
Water-Cooled with fluid        Water-Cooled with     2.65 NSenCOP...  2.34 SCOP......  No \4\
 economizer, >=80,000 and       fluid economizer,
 <295,000 Btu/h, Upflow         >=65,000 and
 Ducted.                        <240,000 Btu/h,
                                Upflow.
Water-Cooled with fluid        Water-Cooled with     2.24 NSenCOP...  2.34 SCOP......  Yes
 economizer, >=65,000 and       fluid economizer,
 <240,000 Btu/h, Upflow Non-    >=65,000 and
 ducted.                        <240,000 Btu/h,
                                Upflow.
Water-Cooled with fluid        Water-Cooled with     2.61 NSenCOP...  2.35 SCOP......  Yes
 economizer, >=295,000 Btu/h,   fluid economizer,
 Downflow.                      >=240,000 Btu/h and
                                <760,000 Btu/h,
                                Downflow.
Water-Cooled with fluid        N/A.................  2.54 NSenCOP...  N/A............  Yes \3\
 economizer, >=240,000 Btu/h,
 Horizontal-flow.
Water-Cooled with fluid        Water-Cooled with     2.58 NSenCOP...  2.24 SCOP......  Yes
 economizer, >=295,000 Btu/h,   fluid economizer,
 Upflow Ducted.                 >=240,000 Btu/h and
                                <760,000 Btu/h,
                                Upflow.
Water-Cooled with fluid        Water-Cooled with     2.12 NSenCOP...  2.24 SCOP......  Yes
 economizer, >=240,000 Btu/h,   fluid economizer,
 Upflow Non-ducted.             >=240,000 Btu/h and
                                <760,000 Btu/h,
                                Upflow.
Glycol-Cooled, <80,000 Btu/h,  Glycol-Cooled,        2.56 NSenCOP...  2.50 SCOP......  Yes
 Downflow.                      <65,000 Btu/h,
                                Downflow.
Glycol-Cooled, <65,000 Btu/h,  N/A.................  2.48 NSenCOP...  N/A............  Yes \3\
 Horizontal-flow.
Glycol-Cooled, <80,000 Btu/h,  Glycol-Cooled,        2.53 NSenCOP...  2.39 SCOP......  Yes
 Upflow Ducted.                 <65,000 Btu/h,
                                Upflow Ducted.
Glycol-Cooled, <65,000 Btu/h,  Glycol-Cooled,        2.08 NSenCOP...  2.39 SCOP......  Yes
 Upflow Non-ducted.             <65,000 Btu/h,
                                Upflow Non-ducted.
Glycol-Cooled, >=80,000 and    Glycol-Cooled,        2.24 NSenCOP...  2.15 SCOP......  Yes
 <295,000 Btu/h, Downflow.      >=65,000 and
                                <240,000 Btu/h,
                                Downflow.
Glycol-Cooled, >=65,000 and    N/A.................  2.18 NSenCOP...  N/A............  Yes \3\
 <240,000 Btu/h, Horizontal-
 flow.
Glycol-Cooled, >=80,000 and    Glycol-Cooled,        2.21 NSenCOP...  2.04 SCOP......  Yes
 <295,000 Btu/h, Upflow         >=65,000 and
 Ducted.                        <240,000 Btu/h,
                                Upflow.
Glycol-Cooled, >=65,000 and    Glycol-Cooled,        1.90 NSenCOP...  2.04 SCOP......  Yes
 <240,000 Btu/h, Upflow Non-    >=65,000 and
 ducted.                        <240,000 Btu/h,
                                Upflow.
Glycol-Cooled, >=295,000 Btu/  Glycol-Cooled,        2.21 NSenCOP...  2.10 SCOP......  Yes
 h, Downflow.                   >=240,000 Btu/h and
                                <760,000 Btu/h,
                                Downflow.
Glycol-Cooled, >=240,000 Btu/  N/A.................  2.18 NSenCOP...  N/A............  Yes \3\
 h, Horizontal-flow.
Glycol-Cooled, >=295,000 Btu/  Glycol-Cooled,        2.18 NSenCOP...  1.99 SCOP......  Yes
 h, Upflow Ducted.              >=240,000 Btu/h and
                                <760,000 Btu/h,
                                Upflow Ducted.
Glycol-Cooled, >=240,000 Btu/  Glycol-Cooled,        1.81 NSenCOP...  1.99 SCOP......  Yes
 h, Upflow Non-ducted.          >=240,000 Btu/h and
                                <760,000 Btu/h,
                                Upflow Non-ducted.
Glycol-Cooled with fluid       Glycol-Cooled with    2.51 NSenCOP...  2.45 SCOP......  Yes
 economizer, <80,000 Btu/h,     fluid economizer,
 Downflow.                      <65,000 Btu/h,
                                Downflow.
Glycol-Cooled with fluid       N/A.................  2.44 NSenCOP...  N/A............  Yes \3\
 economizer, <65,000 Btu/h,
 Horizontal-flow.
Glycol-Cooled with fluid       Glycol-Cooled with    2.48 NSenCOP...  2.34 SCOP......  Yes
 economizer, <80,000 Btu/h,     fluid economizer,
 Upflow Ducted.                 <65,000 Btu/h,
                                Upflow Ducted.
Glycol-Cooled with fluid       Glycol-Cooled with    2.00 NSenCOP...  2.34 SCOP......  Yes
 economizer, <65,000 Btu/h,     fluid economizer,
 Upflow Non-ducted.             <65,000 Btu/h,
                                Upflow Non-ducted.
Glycol-Cooled with fluid       Glycol-Cooled with    2.19 NSenCOP...  2.10 SCOP......  Yes
 economizer, >=80,000 and       fluid economizer,
 <295,000 Btu/h, Downflow.      >=65,000 and
                                <240,000 Btu/h,
                                Downflow.
Glycol-Cooled with fluid       N/A.................  2.10 NSenCOP...  N/A............  Yes \3\
 economizer, >=65,000 and
 <240,000 Btu/h, Horizontal-
 flow.
Glycol-Cooled with fluid       Glycol-Cooled with    2.16 NSenCOP...  1.99 SCOP......  Yes
 economizer, >=80,000 and       fluid economizer,
 <295,000 Btu/h, Upflow         >=65,000 and
 Ducted.                        <240,000 Btu/h,
                                Upflow.

[[Page 36401]]

 
Glycol-Cooled with fluid       Glycol-Cooled with    1.82 NSenCOP...  1.99 SCOP......  Yes
 economizer, >=65,000 and       fluid economizer,
 <240,000 Btu/h, Upflow Non-    >=65,000 and
 ducted.                        <240,000 Btu/h,
                                Upflow.
Glycol-Cooled with fluid       Glycol-Cooled with    2.15 NSenCOP...  2.05 SCOP......  Yes
 economizer, >=295,000 Btu/h,   fluid economizer,
 Downflow.                      >=240,000 Btu/h and
                                <760,000 Btu/h,
                                Downflow.
Glycol-Cooled with fluid       N/A.................  2.10 NSenCOP...  N/A............  Yes \3\
 economizer, >=240,000 Btu/h,
 Horizontal-flow.
Glycol-Cooled with fluid       Glycol-Cooled with    2.12 NSenCOP...  1.94 SCOP......  Yes
 economizer, >=295,000 Btu/h,   fluid economizer,
 Upflow Ducted.                 >=240,000 Btu/h and
                                <760,000 Btu/h,
                                Upflow Ducted.
Glycol-Cooled with fluid       Glycol-Cooled with    1.73 NSenCOP...  1.94 SCOP......  Yes
 economizer, >=240,000 Btu/h,   fluid economizer,
 Upflow Non-ducted.             >=240,000 Btu/h and
                                <760,000 Btu/h,
                                Upflow Non-ducted.
Ceiling-mounted, Air-cooled    N/A.................  2.05 NSenCOP...  N/A............  Yes \6\
 with free air discharge
 condenser, Ducted, <29,000
 Btu/h.
Ceiling-mounted, Air-cooled    N/A.................  2.02 NSenCOP...  N/A............  Yes \6\
 with free air discharge
 condenser, Ducted, >=29,000
 Btu/h and <65,000 Btu/h.
Ceiling-mounted, Air-cooled    N/A.................  1.92 NSenCOP...  N/A............  Yes \6\
 with free air discharge
 condenser, Ducted, >=65,000
 Btu/h.
Ceiling-mounted, Air-cooled    N/A.................  2.08 NSenCOP...  N/A............  Yes \6\
 with free air discharge
 condenser, Non-ducted,
 <29,000 Btu/h.
Ceiling-mounted, Air-cooled    N/A.................  2.05 NSenCOP...  N/A............  Yes \6\
 with free air discharge
 condenser, Non-ducted,
 >=29,000 Btu/h and <65,000
 Btu/h.
Ceiling-mounted, Air-cooled    N/A.................  1.94 NSenCOP...  N/A............  Yes \6\
 with free air discharge
 condenser, Non-ducted,
 >=65,000 Btu/h.
Ceiling-mounted, Air-cooled    N/A.................  2.01 NSenCOP...  N/A............  Yes \6\
 with free air discharge
 condenser with fluid
 economizer, Ducted, <29,000
 Btu/h.
Ceiling-mounted, Air-cooled    N/A.................  1.97 NSenCOP...  N/A............  Yes \6\
 with free air discharge
 condenser with fluid
 economizer, Ducted, >=29,000
 Btu/h and <65,000 Btu/h.
Ceiling-mounted, Air-cooled    N/A.................  1.87 NSenCOP...  N/A............  Yes \6\
 with free air discharge
 condenser with fluid
 economizer, Ducted, >=65,000
 Btu/h.
Ceiling-mounted, Air-cooled    N/A.................  2.04 NSenCOP...  N/A............  Yes \6\
 with free air discharge
 condenser with fluid
 economizer, Non-ducted,
 <29,000 Btu/h.
Ceiling-mounted, Air-cooled    N/A.................  2.00 NSenCOP...  N/A............  Yes \6\
 with free air discharge
 condenser with fluid
 economizer, Non-ducted,
 >=29,000 Btu/h and <65,000
 Btu/h.
Ceiling-mounted, Air-cooled    N/A.................  1.89 NSenCOP...  N/A............  Yes \6\
 with free air discharge
 condenser with fluid
 economizer, Non-ducted,
 >=65,000 Btu/h.
Ceiling-mounted, Air-cooled    N/A.................  1.86 NSenCOP...  N/A............  Yes \6\
 with ducted condenser,
 Ducted, <29,000 Btu/h.
Ceiling-mounted, Air-cooled    N/A.................  1.83 NSenCOP...  N/A............  Yes \6\
 with ducted condenser,
 Ducted, >=29,000 Btu/h and
 <65,000 Btu/h.
Ceiling-mounted, Air-cooled    N/A.................  1.73 NSenCOP...  N/A............  Yes \6\
 with ducted condenser,
 Ducted, >=65,000 Btu/h.
Ceiling-mounted, Air-cooled    N/A.................  1.89 NSenCOP...  N/A............  Yes \6\
 with ducted condenser, Non-
 ducted, <29,000 Btu/h.

[[Page 36402]]

 
Ceiling-mounted, Air-cooled    N/A.................  1.86 NSenCOP...  N/A............  Yes \6\
 with ducted condenser, Non-
 ducted, >=29,000 Btu/h and
 <65,000 Btu/h.
Ceiling-mounted, Air-cooled    N/A.................  1.75 NSenCOP...  N/A............  Yes \6\
 with ducted condenser, Non-
 ducted, >=65,000 Btu/h.
Ceiling-mounted, Air-cooled    N/A.................  1.82 NSenCOP...  N/A............  Yes \6\
 with ducted condenser with
 fluid economizer, Ducted,
 <29,000 Btu/h.
Ceiling-mounted, Air-cooled    N/A.................  1.78 NSenCOP...  N/A............  Yes \6\
 with ducted condenser with
 fluid economizer, Ducted,
 >=29,000 Btu/h and <65,000
 Btu/h.
Ceiling-mounted, Air-cooled    N/A.................  1.68 NSenCOP...  N/A............  Yes \6\
 with ducted condenser with
 fluid economizer, Ducted,
 >=65,000 Btu/h.
Ceiling-mounted, Air-cooled    N/A.................  1.85 NSenCOP...  N/A............  Yes \6\
 with ducted condenser with
 fluid economizer, Non-
 ducted, <29,000 Btu/h.
Ceiling-mounted, Air-cooled    N/A.................  1.81 NSenCOP...  N/A............  Yes \6\
 with ducted condenser with
 fluid economizer, Non-
 ducted, >=29,000 Btu/h and
 <65,000 Btu/h.
Ceiling-mounted, Air-cooled    N/A.................  1.70 NSenCOP...  N/A............  Yes \6\
 with ducted condenser with
 fluid economizer, Non-
 ducted, >=65,000 Btu/h.
Ceiling-mounted, Water-        N/A.................  2.38 NSenCOP...  N/A............  Yes \6\
 cooled, Ducted, <29,000 Btu/
 h.
Ceiling-mounted, Water-        N/A.................  2.28 NSenCOP...  N/A............  Yes \6\
 cooled, Ducted, >=29,000 Btu/
 h and <65,000 Btu/h.
Ceiling-mounted, Water-        N/A.................  2.18 NSenCOP...  N/A............  Yes \6\
 cooled, Ducted, >=65,000 Btu/
 h.
Ceiling-mounted, Water-        N/A.................  2.41 NSenCOP...  N/A............  Yes \6\
 cooled, Non-ducted, <29,000
 Btu/h.
Ceiling-mounted, Water-        N/A.................  2.31 NSenCOP...  N/A............  Yes \6\
 cooled, Non-ducted, >=29,000
 Btu/h and <65,000 Btu/h.
Ceiling-mounted, Water-        N/A.................  2.20 NSenCOP...  N/A............  Yes \6\
 cooled, Non-ducted, >=65,000
 Btu/h.
Ceiling-mounted, Water-cooled  N/A.................  2.33 NSenCOP...  N/A............  Yes \6\
 with fluid economizer,
 Ducted, <29,000 Btu/h.
Ceiling-mounted, Water-cooled  N/A.................  2.23 NSenCOP...  N/A............  Yes \6\
 with fluid economizer,
 Ducted, >=29,000 Btu/h and
 <65,000 Btu/h.
Ceiling-mounted, Water-cooled  N/A.................  2.13 NSenCOP...  N/A............  Yes \6\
 with fluid economizer,
 Ducted, >=65,000 Btu/h.
Ceiling-mounted, Water-cooled  N/A.................  2.36 NSenCOP...  N/A............  Yes \6\
 with fluid economizer, Non-
 ducted, <29,000 Btu/h.
Ceiling-mounted, Water-cooled  N/A.................  2.26 NSenCOP...  N/A............  Yes \6\
 with fluid economizer, Non-
 ducted, >=29,000 Btu/h and
 <65,000 Btu/h.
Ceiling-mounted, Water-cooled  N/A.................  2.16 NSenCOP...  N/A............  Yes \6\
 with fluid economizer, Non-
 ducted, >=65,000 Btu/h.
Ceiling-mounted, Glycol-       N/A.................  1.97 NSenCOP...  N/A............  Yes \6\
 cooled, Ducted, <29,000 Btu/
 h.
Ceiling-mounted, Glycol-       N/A.................  1.93 NSenCOP...  N/A............  Yes \6\
 cooled, Ducted, >=29,000 Btu/
 h and <65,000 Btu/h.
Ceiling-mounted, Glycol-       N/A.................  1.78 NSenCOP...  N/A............  Yes \6\
 cooled, Ducted, >=65,000 Btu/
 h.
Ceiling-mounted, Glycol-       N/A.................  2.00 NSenCOP...  N/A............  Yes \6\
 cooled, Non-ducted, <29,000
 Btu/h.

[[Page 36403]]

 
Ceiling-mounted, Glycol-       N/A.................  1.98 NSenCOP...  N/A............  Yes \6\
 cooled, Non-ducted, >=29,000
 Btu/h and <65,000 Btu/h.
Ceiling-mounted, Glycol-       N/A.................  1.81 NSenCOP...  N/A............  Yes \6\
 cooled, Non-ducted, >=65,000
 Btu/h.
Ceiling-mounted, Glycol-       N/A.................  1.92 NSenCOP...  N/A............  Yes \6\
 cooled with fluid
 economizer, Ducted, <29,000
 Btu/h.
Ceiling-mounted, Glycol-       N/A.................  1.88 NSenCOP...  N/A............  Yes \6\
 cooled with fluid
 economizer, Ducted, >=29,000
 Btu/h and <65,000 Btu/h.
Ceiling-mounted, Glycol-       N/A.................  1.73 NSenCOP...  N/A............  Yes \6\
 cooled with fluid
 economizer, Ducted, >=65,000
 Btu/h.
Ceiling-mounted, Glycol-       N/A.................  1.95 NSenCOP...  N/A............  Yes \6\
 cooled with fluid
 economizer, Non-ducted,
 <29,000 Btu/h.
Ceiling-mounted, Glycol-       N/A.................  1.93 NSenCOP...  N/A............  Yes \6\
 cooled with fluid
 economizer, Non-ducted,
 >=29,000 Btu/h and <65,000
 Btu/h.
Ceiling-mounted, Glycol-       N/A.................  1.76 NSenCOP...  N/A............  Yes \6\
 cooled with fluid
 economizer, Non-ducted,
 >=65,000 Btu/h.
----------------------------------------------------------------------------------------------------------------
\1\ Note that equipment classes specified in ASHRAE Standard 90.1-2019 do not necessarily correspond to the
  equipment classes defined in DOE's regulations. Capacity ranges in ASHRAE Standard 90.1-2019 are specified in
  terms of NSCC, as measured according to AHRI 1360-2017 (which, as discussed, would produce the same results
  for the crosswalked classes as AHRI 1360-2022). Capacity ranges in current Federal equipment classes are
  specified in terms of NSCC, as measured according to ANSI/ASHRAE 127-2007. As discussed in section III.C of
  this document, for certain equipment classes AHRI 1360-2017 (and AHRI 1360-2022) results in increased NSCC
  measurements as compared to the NSCC measured in accordance with ANSI/ASHRAE 127-2007. Therefore, some CRACs
  would switch classes (i.e., move into a higher capacity equipment class) if the equipment class boundaries are
  not changed accordingly. Consequently, DOE performed a ``capacity crosswalk'' analysis to translate the
  capacity boundaries for certain equipment classes.
\2\ For CRACs, ASHRAE Standard 90.1-2019 adopted efficiency levels in terms of NSenCOP based on test procedures
  in AHRI 1360-2017, while DOE's current standards are in terms of SCOP based on the test procedures in ANSI/
  ASHRAE 127-2007. DOE performed a crosswalk analysis to compare the stringency of the ASHRAE Standard 90.1-2019
  efficiency levels with the current Federal standards. See section III.C of this final rule for further
  discussion on the crosswalk analysis performed for CRACs.
\3\ Horizontal-flow CRACs are new equipment classes included in ASHRAE Standard 90.1-2016 and ASHRAE Standard
  90.1-2019 (and not subject to current Federal standards), but DOE does not have any data to indicate the
  market share of horizontal-flow units. In the absence of data regarding market share and efficiency
  distribution, DOE is unable to estimate potential savings for horizontal-flow equipment classes.
\4\ The crosswalk analysis indicates that there is no difference in stringency of efficiency levels for this
  class between ASHRAE Standard 90.1-2019 and the current Federal standard.
\5\ Air-cooled CRACs with fluid economizers are new equipment classes included in ASHRAE Standard 90.1-2019 and
  are currently subject to the Federal standard for air-cooled CRACs. DOE does not have data regarding market
  share for air-cooled CRACs with fluid economizers. Although DOE is unable to disaggregate the estimated
  potential savings for these equipment classes, energy savings for these equipment classes are included in the
  savings presented for air-cooled CRACs.
\6\ Ceiling-mounted CRACs are new equipment classes in ASHRAE Standard 90.1-2019 (and not subject to current
  Federal standards), and DOE does not have any data to indicate the market share of ceiling-mounted units. In
  the absence of data regarding market share and efficiency distribution, DOE is unable to estimate potential
  savings for ceiling-mounted equipment classes.

    The remainder of this section explains DOE's methodology for 
evaluating the updated levels in ASHRAE Standard 90.1-2019 and 
addresses comments received regarding CRAC efficiency levels and 
associated analyses discussed in the March 2022 ECS NOPR.

B. Test Procedure

    As noted in section III.A of this document, ASHRAE adopted 
efficiency levels for all CRAC equipment classes denominated in terms 
of NSenCOP in ASHRAE Standard 90.1-2019 (measured per AHRI 1360-2017), 
whereas DOE's current standards are denominated in terms of SCOP 
(measured per ANSI/ASHRAE 127-2007). ASHRAE Standard 90.1-2019 
incorporates by references AHRI 1360-2017. In the February 2022 TP 
NOPR, DOE proposed to adopt an amended test procedure for CRACs that 
incorporates by reference the substance of the updated draft version of 
the AHRI 1360 Standard, AHRI 1360-202X Draft. 87 FR 6948 (Feb. 7, 
2022). DOE has since adopted the finalized version of that standard, 
AHRI 1360-2022, in the March 2023 TP final rule. See EERE-2021-BT-TP-
0017. Because the rating conditions specified in AHRI 1360-2022 and 
AHRI 1360-2017 are the same for the classes for which DOE requires a 
crosswalk (upflow ducted, upflow non-ducted, and downflow), DOE has 
concluded that the NSenCOP levels specified for equipment classes in 
ASHRAE Standard 90.1-2019 as measured per AHRI 1360-2017 would remain 
unchanged if measured per AHRI 1360-2022. Therefore, in the crosswalk 
analysis presented in the following sections, DOE considers that the 
ASHRAE Standard 90.1-2019 NSenCOP levels are measured per AHRI 1360-
2022.
    On this topic, AHRI expressed concern with DOE proposing to adopt a 
test procedure, still in draft form, that is not yet cited by ASHRAE 
Standard 90.1, and the commenter urged DOE to follow its understanding 
of the statutorily-mandated process and to only adopt a

[[Page 36404]]

revised industry test method after it has been published by AHRI and 
adopted into ASHRAE Standard 90.1 by the consensus standards writing 
body. (AHRI, No. 12 at pp. 1-2) In particular, AHRI commented that 
manufacturers, particularly of upflow CRACs, will experience 
significant impact if the proposed draft test procedure is adopted by 
DOE, rather than AHRI 1360-2017. More specifically, AHRI stated that as 
the draft procedure includes an external static pressure (ESP) 
adjustment for upflow CRACs tested in limited height chambers, which 
could result in up-flow ducted products not achieving ASHRAE Standard 
90.1-2019 efficiency values during test, thereby substantially 
impacting all upflow unit CRAC manufacturers. Id. AHRI commented that 
there is only one modification to AHRI 1360-2017 required to support 
the minimum energy levels included in ASHRAE Standard 90.1-2019, and 
that DOE should immediately adopt that test procedure. (AHRI, No. 12 at 
p. 3)
    As discussed in the March 2023 TP final rule, AHRI's concern 
regarding the draft status of AHRI 1360-202X Draft no longer applies, 
given the subsequent finalization of the draft and publication of AHRI 
1360-2022. See EERE-2021-BT-TP-0017. DOE notes that AHRI 1360-2022 
represents an industry consensus update to AHRI 1360-2017.
    Regarding AHRI's challenge to DOE's authority, the Department 
disagrees with AHRI's argument that it lacks statutory authority for 
the adoption of AHRI 1360-2022, rather than AHRI 1360-2017. Although 
DOE's rationale was explained in the March 2023 TP final rule (see 
EERE-2021-BT-TP-0017), because issues related to the test procedure and 
energy conservation standards for CRACs are somewhat linked, the 
Department will explain again here its understanding of the relevant 
statutory requirements, as presented in the paragraphs that follow.
    With respect to small, large, and very large commercial package air 
conditioning and heating equipment (of which CRACs are a category), 
EPCA directs that when the generally accepted industry testing 
procedure or rating procedure developed or recognized by AHRI or by 
ASHRAE, as referenced in ASHRAE Standard 90.1, is amended, the 
Secretary shall amend the DOE test procedure consistent with the 
amended industry test procedure or rating procedure unless the 
Secretary determines, by clear and convincing evidence, that to do so 
would not meet the requirements for test procedures to produce results 
representative of an average use cycle and is not unduly burdensome to 
conduct. (42 U.S.C. 6314(a)(4)(B))
    As noted, DOE has a duty under the statute to adopt a test 
procedure that produces results representative of the covered 
equipment's average use cycle. In this case, DOE has concluded, 
supported by clear and convincing evidence, that AHRI 1360-2022 would 
better meet that criterion of EPCA than AHRI 1360-2017. First, AHRI 
1360-2022 includes test provisions for measuring performance of roof-
mounted and wall-mounted CRACs, configurations which are not considered 
in AHRI 1360-2017. Were DOE to adopt AHRI 1360-2017 instead of AHRI 
1360-2022, the DOE test procedure would not address representations for 
these configurations in terms of NSenCOP. Second, AHRI 1360-2022 
provides clarifications and additional test requirements on several 
test procedure elements, including test tolerances, enclosure for CRACs 
with compressors in indoor units, secondary verification of capacity, 
ducted condensers, and refrigerant charging instructions. These 
elements were discussed in detail in the February 2022 NOPR (see 87 FR 
6948, 6960-6963 (Feb. 7, 2022)). These additional test requirements 
improve the representativeness of the CRACs test procedure. For these 
reasons, DOE considers AHRI 1360-2022 to be more representative of CRAC 
operation than AHRI 1360-2017. With this finding made, DOE does not 
read EPCA as requiring the Department to dissect the industry standard 
and surgically transplant individual provisions of the new industry 
standard into the prior industry standard. DOE views the industry test 
standard as a functioning whole, so the approach AHRI suggests could 
insert errors and inconsistencies into the industry standard, as would 
prevent its proper functioning in practice as part of the DOE test 
procedure. Further, even if AHRI's approach were possible, it would be 
largely unnecessary; adoption of all the major provisions of the latest 
industry test standard would arguably result in the remaining 
provisions being uncontroversial. Again, DOE would point out that the 
test procedure in question is the most current version of the 
industry's own approved test procedure, even if ASHRAE Standard 90.1 
has not yet caught up with such change. DOE considered AHRI 1360-2017, 
as EPCA requires, but it ultimately determined that it would not 
produce results that reflect an average use cycle, in light of the 
availability of AHRI 1360-2022, which would be expected to do so. DOE 
has concluded that EPCA does not allow the Department to turn a blind 
eye to such real world developments, as would be the implication of 
following AHRI's suggested approach.
    Furthermore, DOE believes that Congress foresaw the practical 
benefits of a statutory reading consistent with DOE's interpretation. 
To wit, although DOE recognizes that adopting AHRI 1360-2022 as the 
Federal test procedure for CRACs may create some disharmony between the 
Federal test procedure and the test procedure currently specified in 
ASHRAE Standard 90.1 for a period of time, such situation is arguably 
preferable to the alternative in which DOE and stakeholders would need 
to waste significant resources to reinitiate another rulemaking in 
short order to once again amend the Federal test procedure for CRACs to 
update the reference therein from AHRI 1360-2017 to AHRI 1360-2022--the 
very same testing standard already available for consideration.
    Therefore, for the reasons previously stated, the Department 
decided in the March 2023TP final rule to incorporate by reference AHRI 
1360-2022 into the CRACs test procedure (see EERE-2021-BT-TP-0017).
    Regarding AHRI's substantive test concerns, DOE notes that the 
current Federal test procedure, which references ANSI/ASHRAE 127-2007, 
does not have any provisions that allow for testing up-flow CRAC units 
in a limited-height set-up. As such, the crosswalk analysis conducted 
to translate standards from SCOP to NSenCOP (as presented in the March 
2022 ECS NOPR; See 87 FR 12802, 12817-12822 (March 7, 2022)) compared 
SCOP as measured per ANSI/ASHRAE 127-2007 to NSenCOP as measured per 
AHRI 1360-202X Draft (which is the test procedure DOE proposed to adopt 
in the February 2022 TP NOPR). DOE's original crosswalk, conducted in 
the September 2020 NODA/RFI, also did not consider the limited height 
approach included in AHRI 1360-2017. Therefore, the limited height test 
approaches in any intermediate CRAC industry test procedures released 
between ANSI/ASHRAE 127-2007 and AHRI 1360-202X Draft (e.g., AHRI 1360-
2017 as mentioned by AHRI) are not relevant for DOE's crosswalk 
analysis, as such intermediate industry test procedures were never 
proposed or adopted as part of the Federal test procedure. DOE's 
crosswalk analysis in this final rule would only consider test 
procedures in AHRI 1360-2017 if DOE's amended CRAC test procedure 
adopted test provisions from AHRI 1360-2017. However, as stated 
previously, since the

[[Page 36405]]

time of AHRI's comment, DOE has finalized its test procedure for CRACs, 
adopting AHRI 1360-2022 in the March 2023 TP final rule. See EERE-2021-
BT-TP-0017. The amended test procedure adopted in the March 2023 TP 
final rule does not impose any additional test ducting provisions 
beyond those included in the amended industry consensus test procedure, 
AHRI 1360-2022. Additionally, DOE notes that the test provision for up-
flow CRACs highlighted by AHRI is an alternate ducting methodology to 
be used when there is limited chamber height to meet the ducting 
requirements of ANSI/ASHRAE Standard 37, which are referenced in both 
ANSI/ASHRAE 127-2007 and AHRI 1360-2022. For most up-flow CRAC units 
(i.e., all CRACs except for tall units with large discharge duct 
dimensions), manufacturers can still choose to test their units in 
taller test chambers using the ducting requirements of ANSI/ASHRAE 
Standard 37, which comply with both the current CRAC test procedure and 
the amended test procedure adopted in this final rule. Further, DOE 
notes that the AEDM provision in 10 CFR 429.70 allow the use of AEDMs 
to develop ratings for CRACs, and, thus, manufacturers would not be 
required to test their very tall up-flow CRACs.
    AHRI provided extensive additional comments regarding industry-wide 
regulatory burdens that support the adoption of the test procedure and 
minimum efficiencies in ASHRAE Standard 90.1. (AHRI, No. 12 at pp. 3-5) 
These comments are identical to those AHRI provided on the February 
2022 TP NOPR, and DOE responded to the test procedure-related comments 
in detail in the March 2023 TP final rule. See EERE-2021-BT-TP-0017. 
Furthermore, as discussed in section V.D. of this document, DOE is 
adopting the minimum efficiencies in ASHRAE Standard 90.1.

C. Efficiency and Capacity Crosswalk Analyses

    In the March 2022 ECS NOPR, DOE explained the efficiency and 
capacity crosswalk it had performed to translate SCOP levels as 
measured per ANSI/ASHRAE 127-2007 to NSenCOP levels as measured per 
AHRI 1360-202X Draft. 87 FR 12802, 12808-12826 (March 7, 2022). As 
previously mentioned, AHRI 1360-202X Draft has now been finalized as 
AHRI 1360-2022 but retains the same rating conditions as AHRI 1360-202X 
Draft (and AHRI 1360-2017), such that the crosswalk initially presented 
in the September 2020 NODA/RFI can be extended without change. The 
following paragraphs present a brief summary of the crosswalk 
methodology.
    For the efficiency crosswalk, DOE analyzed the CRAC equipment 
classes in ASHRAE Standard 90.1-2019 that are currently subject to 
Federal standards (i.e., all upflow and downflow classes).\9\ As 
discussed in the subsequent paragraphs, for certain CRAC classes, 
ASHRAE Standard 90.1-2019 specifies classes that disaggregate the 
current Federal equipment classes into additional classes.
---------------------------------------------------------------------------

    \9\ ASHRAE Standard 90.1-2019 includes efficiency levels for 
horizontal-flow and ceiling-mounted classes of CRACs. DOE does not 
currently prescribe standards for horizontal-flow or ceiling-mounted 
classes, so these classes were not included in the crosswalk 
analysis.
---------------------------------------------------------------------------

    For upflow CRACs, ASHRAE Standard 90.1-2019 and AHRI 1360-2022 
include separate efficiency levels and rating conditions, respectively, 
for ducted and non-ducted units. However, the current Federal test 
procedure and standards do not specify different rating conditions for 
upflow non-ducted and upflow ducted units; thus, in this crosswalk, DOE 
converted the single set of SCOP standards for upflow units to two 
``crosswalked'' NSenCOP levels for ducted and non-ducted unit classes.
    Similarly, for air-cooled CRACs, ASHRAE Standard 90.1-2019 includes 
separate sets of efficiency levels for equipment with and without fluid 
economizers, while the current DOE standards set forth do not 
distinguish air-cooled CRACs based on the presence of fluid 
economizers. Thus, in this crosswalk, DOE converted the single set of 
current Federal standards for air-cooled classes (in terms of SCOP) to 
two sets of standards in terms of NSenCOP for air-cooled classes 
distinguishing CRACs with and without fluid economizers. The crosswalk 
analysis also found no difference between air-cooled CRACs with and 
without fluid economizers, so the NSenCOP standards are identical for 
the two classes.
    The efficiency levels for CRACs in ASHRAE Standard 90.1-2019 rely 
on a different metric (NSenCOP) and test procedure (AHRI 1360-2017, and 
now by extension AHRI 1360-2022) than the metric and test procedure 
required under the current Federal standards (relying on SCOP and ANSI/
ASHRAE 127-2007, respectively). AHRI 1360-2022 and ANSI/ASHRAE 127-2007 
notably also specify different rating conditions. These differences are 
listed in Table III-2, and are discussed in detail in sections III.C.1 
through III.C.4 of this document.

                     Table III-2--Differences in Rating Conditions Between DOE's Current Test Procedure and AHRI Standard 1360-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Test parameter                       Affected equipment....  Current DOE test procedure (referencing ANSI/
                                     categories............                 ASHRAE 127-2007)
                                                     AHRI 1360-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
Return air dry-bulb temperature      Upflow ducted and               75 [deg]F dry-bulb temperature
 (RAT).                               downflow.
                                             85 [deg]F dry-bulb temperature.
                                                            --------------------------------------------------------------------------------------------
Entering water temperature (EWT)...  Water-cooled..........                    86 [deg]F
                                                        83 [deg]F
                                                            --------------------------------------------------------------------------------------------
ESP (varies with NSCC).............  Upflow ducted.........  <20 kW................  0.8 in H2O...........  <80 kBtu/h...........  0.3 in H2O.
                                                            --------------------------------------------------------------------------------------------
                                                             >=20 kW...............  1.0 in H2O...........  >=80 kBtu/h and <295   0.4 in H2O.
                                                                                                             kBtu/h.
                                                                                                           ---------------------------------------------
                                                                                                            >=295 kBtu/h and <760  0.5 in H2O.
                                                                                                             kBtu/h.
                                                            --------------------------------------------------------------------------------------------
Adder for heat rejection fan and     Water-cooled and        No added power consumption for heat rejection
 pump power (add to total power       glycol-cooled.                          fan and pump
 consumption).
                                        5 percent of NSCC for water-cooled CRACs.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 36406]]


                     Table III-2--Differences in Rating Conditions Between DOE's Current Test Procedure and AHRI Standard 1360-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Test parameter                       Affected equipment....  Current DOE test procedure (referencing ANSI/
                                     categories............                 ASHRAE 127-2007)
                                                     AHRI 1360-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                      7.5 percent of NSCC for glycol-cooled CRACs.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The differences between these specified rating conditions impact 
the capacity boundaries for CRAC equipment classes. The capacity values 
that bound the CRAC equipment classes are in terms of NSCC. For certain 
equipment classes, NSCC values determined according to AHRI 1360-2022's 
different rating conditions are higher than the NSCC values determined 
according to ANSI/ASHRAE 127-2007. Therefore, the test conditions in 
AHRI 1360-2022 result in an increased NSCC value for certain equipment 
classes, as compared to the NSCC measured in accordance with the 
current Federal test procedure requirement. This means that some CRACs 
would switch classes (i.e., move into a higher capacity equipment 
class) if the test conditions in AHRI 1360-2022 are used without 
shifting current equipment class boundaries to match the impact of the 
changes in rating conditions.
    Class switching would subject some CRAC models to an efficiency 
level under ASHRAE Standard 90.1-2019 that is less stringent than the 
standard level that is applicable to that model under the current 
Federal requirements. Lowering the stringency of the efficiency level 
in the Federal requirements is impermissible under EPCA's anti-
backsliding provision at 42 U.S.C. 6313(a)(6)(B)(iii)(I).
    Therefore, a capacity crosswalk was conducted to translate the NSCC 
boundaries that separate equipment classes in the Federal efficiency 
standards to account for the expected increase in measured NSCC values 
for affected equipment classes (i.e., equipment classes with test 
procedure changes that increase NSCC). DOE's capacity crosswalk 
calculated the increases in the capacity boundaries of affected 
equipment classes from the Federal efficiency standards if ASHRAE 
Standard 90.1-2019 were adopted, to evaluate this equipment class 
switching issue and to avoid backsliding that would occur from class 
switching. Updated SCOP levels and NSCC equipment class boundaries were 
calculated for each class (as applicable) by combining the percentage 
changes for every test procedure change applicable to that class.
    Both efficiency and capacity crosswalk analyses have similar 
structure, and the data for both were gathered across numerous sources 
including DOE testing, manufacturer performance data gathered through 
non-disclosure agreements (NDAs), and public manufacturer literature, 
among others. DOE conducted analysis across each test procedure change 
independently and determined an aggregated percentage by which that 
change impacted efficiency and/or NSCC.
    The following sub-sections describe the approaches used to analyze 
the impacts on the measured efficiency and capacity of each difference 
in rating conditions between DOE's current test procedure and AHRI 
1360-2022. As discussed, the crosswalk analysis methodology described 
in the following sub-sections is the same as presented in the March 
2022 ECS NOPR. 87 FR 12802, 12817-12822 (March 7, 2022). No additional 
data sources were added to the analysis for this final rule.
1. Increase in Return Air Dry-Bulb Temperature From 75 [deg]F to 85 
[deg]F
    ANSI/ASHRAE 127-2007, which is referenced by DOE's current test 
procedure, specifies a return air dry-bulb temperature (RAT) of 75 
[deg]F for testing all CRACs. AHRI 1360-2022 specifies a RAT of 85 
[deg]F for upflow ducted and downflow CRACs, but specifies a RAT for 
upflow non-ducted units of 75 [deg]F.
    SCOP and NSCC both increase with increasing RAT for two reasons. 
First, a higher RAT increases the cooling that must be done for the air 
to approach its dew point temperature (i.e., the temperature at which 
water vapor will condense if there is any additional cooling). Second, 
a higher RAT will tend to raise the evaporating temperature of the 
refrigerant, which in turn raises the temperature of fin and tube 
surfaces in contact with the air--the resulting reduction in the 
portion of the heat exchanger surface that is below the air's dew point 
temperature reduces the potential for water vapor to condense on these 
surfaces. This is seen in product specifications which show that the 
sensible heat ratio \10\ is consistently higher at a RAT of 85 [deg]F 
than at 75 [deg]F. Because increasing RAT increases the fraction of 
total cooling capacity that is sensible cooling (rather than latent 
cooling), the NSCC increases. Further, because SCOP is calculated with 
NSCC in the numerator of the calculation, an increase in NSCC also 
inherently increases SCOP.
---------------------------------------------------------------------------

    \10\ ``Sensible heat ratio'' is the ratio of sensible cooling 
capacity to the total cooling capacity. The total cooling capacity 
includes both sensible cooling capacity (cooling associated with 
reduction in temperature) and latent cooling capacity (cooling 
associated with dehumidification).
---------------------------------------------------------------------------

    To analyze the magnitude of the impacts of increasing RAT for 
upflow ducted and downflow CRACs on SCOP and NSCC, DOE gathered data 
from three separate sources and aggregated the results for each 
crosswalk analysis. First, DOE used product specifications for several 
CRAC models that provide SCOP and NSCC ratings for RATs ranging from 75 
[deg]F to 95 [deg]F. Second, DOE analyzed manufacturer performance data 
obtained under NDAs that showed the performance impact of individual 
test condition changes, including the increase in RAT. Third, DOE used 
results from testing two CRAC units: one air-cooled upflow ducted and 
one air-cooled downflow unit. DOE combined the results of these sources 
to find the aggregated increases in SCOP and NSCC due to the increase 
in RAT. The increase in SCOP due to the change in RAT was found to be 
approximately 19 percent, and the increase in NSCC was found to be 
approximately 22 percent.
2. Decrease in Entering Water Temperature for Water-Cooled CRACs
    ANSI/ASHRAE 127-2007, which is referenced by DOE's current test 
procedure, specifies an entering water temperature (EWT) of 86 [deg]F 
for water-cooled CRACs, while AHRI 1360-2022 specifies an entering 
water temperature of 83 [deg]F. A decrease in the EWT for water-cooled 
CRACs increases the temperature difference between the water and hot 
refrigerant in the condenser coil, thus increasing cooling capacity and 
decreasing compressor power. To analyze the impact of this decrease in 
EWT on SCOP and NSCC,

[[Page 36407]]

DOE analyzed manufacturer data obtained through NDAs and a publicly-
available presentation from a major CRAC manufacturer and calculated a 
SCOP increase of approximately 2 percent and an NSCC increase of 
approximately 1 percent.
3. Changes in External Static Pressure Requirements for Upflow Ducted 
CRACs
    For upflow ducted CRACs, AHRI 1360-2022 specifies lower ESP 
requirements than ANSI/ASHRAE 127-2007, which is referenced in DOE's 
current test procedure. The ESP requirements in all CRAC industry test 
standards vary with NSCC; however, the capacity bins (i.e., capacity 
ranges over which each ESP requirement applies) in ANSI/ASHRAE 127-2007 
are different from those in AHRI 1360-2022. Testing with a lower ESP 
decreases the indoor fan power input without a corresponding decrease 
in NSCC, thus increasing the measured SCOP. Additionally, the reduction 
in fan heat entering the indoor air stream that results from lower fan 
power also slightly increases NSCC, further increasing SCOP.
    To analyze the impacts on measured SCOP and NSCC of the changes in 
ESP requirements between DOE's current test procedure and AHRI 1360-
2022, DOE aggregated data from its analysis of fan power consumption 
changes, manufacturer data obtained through NDAs, and results from DOE 
testing. Notably, the impact of changes in ESP requirements on SCOP and 
NSCC was calculated separately in DOE's analysis for each capacity 
range specified in AHRI 1360-2022 (i.e., <80 kBtu/h, >=80 and <295 
kBtu/h, and >=295 kBtu/h). As discussed in section III.C of this 
document, NSCC values determined according to ANSI/ASHRAE 127-2007 are 
lower than NSCC values determined according to AHRI 1360-2022 for 
certain CRAC classes, including upflow-ducted classes. The increase in 
NSCC in AHRI 1360-2022 also impacts the ESP requirements in AHRI 1360-
2022 for upflow-ducted units, because the ESP requirements are 
specified based on NSCC. Different ESP requirements impact the 
stringency of the test--as discussed, testing with a lower ESP 
increases the measured SCOP. AHRI 1360-2022 addresses this issue by 
updating the NSCC capacity bin boundaries associated with the 
applicable ESP. For the purposes of the efficiency and capacity 
crosswalk analyses in this final rule, DOE used the adjusted capacity 
boundaries in AHRI 1360-2022 for upflow ducted classes presented in 
Table III-4 (as discussed in section III.C.5 of this document) to 
specify the applicable ESP requirement.
    DOE conducted an analysis to estimate the change in fan power 
consumption due to the changes in ESP requirements using performance 
data and product specifications for 77 upflow CRAC models with 
certified SCOP ratings at or near the current applicable SCOP standard 
level in DOE's Compliance Certification Database.\11\ Using the 
certified SCOP and NSCC values, DOE determined each model's total power 
consumption for operation at the rating conditions specified in DOE's 
current test procedure. DOE then used fan performance data for each 
model to estimate the change in indoor fan power that would result from 
the lower ESP requirements in AHRI 1360-2022 and modified the total 
power consumption for each model by the calculated value. For several 
models, detailed fan performance data were not available, so DOE used 
fan performance data for comparable air conditioning units with similar 
cooling capacity, fan drive, and fan motor horsepower.
---------------------------------------------------------------------------

    \11\ DOE's Compliance Certification Database can be accessed at: 
www.regulations.doe.gov/ccms (Last accessed Jan. 3, 2023).
---------------------------------------------------------------------------

    DOE also received manufacturer data (obtained through NDAs) showing 
the impact on efficiency and NSCC of the change in ESP requirements. 
Additionally, DOE conducted tests on an upflow-ducted CRAC at ESPs of 1 
in. H2O and 0.4 in. H2O (the applicable ESP 
requirements specified in ANSI/ASHRAE 127-2007 and AHRI 1360-2022, 
respectively), and included the results of those tests in this 
analysis.
    For each of the three capacity ranges for which ESP requirements 
are specified in AHRI 1360-2022, Table III-3 shows the approximate 
aggregated percentage increases in SCOP and NSCC associated with the 
decreased ESP requirements specified in AHRI 1360-2022 for upflow 
ducted units.

  Table III-3--Percentage Increase in SCOP and NSCC From Decreases in External Static Pressure Requirements for
                   Upflow Ducted Units Between DOE's Current Test Procedure and AHRI 1360-2022
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Net sensible cooling capacity range                          ESP             ESP         Approx.         Approx.
(kBtu/h) *                                          requirements    requirements         average         average
                                                        in DOE's         in AHRI      percentage      percentage
                                                    current test       1360-2022     increase in     increase in
                                                       procedure        (in H2O)            SCOP            NSCC
                                                    (referencing
                                                     ANSI/ASHRAE
                                                       127-2007)
                                                        (in H2O)
----------------------------------------------------------------------------------------------------------------
<65.............................................             0.8             0.3               7               2
----------------------------------------------------------------------------------------------------------------
>=65 to <240..................  >=65 to <68.2 **             0.8             0.4           *** 8           *** 2
                                >=68.2 to <240                 1
                                 **.
----------------------------------------------------------------------------------------------------------------
>=240 to <760...................................               1             0.5               6               2
----------------------------------------------------------------------------------------------------------------
* These boundaries are consistent with the boundaries in ANSI/ASHRAE 127-2007 and differ from the boundaries in
  AHRI 1360-2022, which reflect the expected capacity increases for upflow-ducted and downflow equipment classes
  at the AHRI 1360-2022 return air temperature test conditions.
** 68.2 kBtu/h is equivalent to 20 kW, which is the capacity value that separates ESP requirements in ANSI/
  ASHRAE 127-2007, which is referenced in DOE's current test procedure.
*** This average percentage increase is an average across upflow ducted CRACs with net sensible cooling capacity
  >=65 and <240 kBtu/h, including models with capacity <20 kW and >=20 kW. DOE's Compliance Certification
  Database shows that most of the upflow CRACs with a net sensible cooling capacity >=65 kBtu/h and <240 kBtu/h
  have a net sensible cooling capacity >=20 kW.


[[Page 36408]]

4. Power Adder To Account for Pump and Heat Rejection Fan Power in 
NSenCOP Calculation for Water-Cooled and Glycol-Cooled CRACs
    Energy consumption for heat rejection components for air-cooled 
CRACs (i.e., condenser fan motor(s)) is measured in the current DOE 
test procedure for CRACs; however, for water-cooled and glycol-cooled 
CRACs, energy consumption for heat rejection components is not measured 
because these components (i.e., water/glycol pump, dry cooler/cooling 
tower fan(s)) are not considered to be part of the CRAC unit. ANSI/
ASHRAE 127-2007, which is referenced in DOE's current test procedure, 
does not include any factor in the calculation of SCOP to account for 
the power consumption of heat rejection components for water-cooled and 
glycol-cooled CRACs.
    In contrast, AHRI 1360-2022 specifies to increase the measured 
total power input for CRACs to account for the power consumption of 
fluid pumps and heat rejection fans. Specifically, sections 6.3.3 and 
6.3.4 of AHRI 1360-2022 specify to add a percentage of the measured 
NSCC (5 percent for water-cooled CRACs and 7.5 percent for glycol-
cooled CRACs) in kW to the total power input used to calculate NSenCOP. 
DOE calculated the impact of these additions on SCOP using Equation 1:
[GRAPHIC] [TIFF OMITTED] TR02JN23.000

    Where, x is equal to 5 percent for water-cooled CRACs and 7.5 
percent for glycol-cooled CRACs, and SCOP1 is the SCOP value 
adjusted for the energy consumption of heat rejection pumps and fans.
5. Calculating Overall Changes in Measured Efficiency and Capacity From 
Test Procedure Changes
    Different CRAC equipment classes are subject to different 
combinations of the test procedure changes between DOE's current test 
procedure and AHRI 1360-2022 analyzed in the crosswalk analyses. To 
combine the impact of the changes in rating conditions, DOE calculated 
the crosswalked NSenCOP levels and translated NSCC boundaries as 
detailed in the following sections.
a. Calculation of Crosswalked NSenCOP Levels
    To combine the impact on SCOP of the changes to rating conditions 
(i.e., increase in RAT, decrease in condenser EWT for water-cooled 
units, and decrease of the ESP requirements for upflow ducted units), 
DOE multiplied together the calculated adjustment factors representing 
the measurement changes corresponding to each individual rating 
condition change, as applicable, as shown in Equation 2. These 
adjustment factors are equal to 100 percent (which represents SCOP 
measured per the current Federal test procedure) plus the calculated 
percentage change in measured efficiency.
    To account for the impact of the adder for heat rejection pump and 
fan power for water-cooled and glycol-cooled units, DOE used Equation 
3. Hence, DOE determined crosswalked NSenCOP levels corresponding to 
the current Federal SCOP standards for each CRAC equipment class using 
the following two equations.
[GRAPHIC] [TIFF OMITTED] TR02JN23.001

[GRAPHIC] [TIFF OMITTED] TR02JN23.002

    In these equations, NSenCOP1 refers to a partially-
crosswalked NSenCOP level that incorporates the impacts of changes in 
RAT, condenser EWT, and indoor fan ESP (as applicable), but not the 
impact of adding the heat rejection pump and fan power; x1, 
x2, x3, and represent the percentage change in 
SCOP due to changes in RAT, condenser EWT, and indoor fan ESP 
requirements, respectively; and is equal to 5 percent for water-cooled 
equipment classes and 7.5 percent for glycol-cooled equipment classes. 
For air-cooled classes, x4 is equal to 0 percent; therefore, 
for these classes, NSenCOP is equal to NSenCOP1.
b. Calculation of Translated NSCC Boundaries
    To combine the impact on NSCC of the changes to rating conditions, 
DOE used a methodology similar to that used for determining the impact 
on SCOP. To determine adjusted NSCC equipment class boundaries, DOE 
multiplied together the calculated adjustment factors representing the 
measurement changes corresponding to each individual rating condition 
change, as applicable, as shown in Equation 4. These adjustment factors 
are equal to 100 percent (which represents NSCC measured per the 
current Federal test procedure) plus the calculated percentage change 
in measured NSCC. In this equation, Boundary refers to the original 
NSCC boundaries (i.e., 65,000 Btu/h, 240,000 Btu/h, or 760,000 Btu/h as 
determined according to ANSI/ASHRAE 127-2007), Boundary1 
refers to the updated NSCC boundaries as determined according to AHRI 
1360-2022, and y1, y2, and y3 
represent the percentage changes in NSCC due to changes in RAT, 
condenser EWT, and indoor fan ESP requirements, respectively.


[[Page 36409]]


[GRAPHIC] [TIFF OMITTED] TR02JN23.003

    As mentioned, ASHRAE Standard 90.1-2019 and AHRI 1360-2022 include 
updated equipment class capacity boundaries for only upflow-ducted and 
downflow equipment classes. The updated class ranges for these 
categories are <80,000 Btu/h, >=80,000 Btu/h and <295,000 Btu/h, and 
>=295,000 Btu/h. In previous versions of ASHRAE Standard 90.1, these 
ranges are <65,000 Btu/h, >=65,000 Btu/h and <240,000 Btu/h, and 
>=240,000 Btu/h. The capacity range boundaries for upflow non-ducted 
classes were left unchanged at 65,000 Btu/h and 240,000 Btu/h in ASHRAE 
Standard 90.1-2019.
    DOE's capacity crosswalk analysis indicates that the primary driver 
for increasing NSCC is increasing RAT. The increases in RAT in AHRI 
1360-2022, as compared to ANSI/ASHRAE 127-2007, only apply to upflow 
ducted and downflow equipment classes. Based on the analysis performed 
for this document, DOE found that all the equipment class boundaries in 
ASHRAE Standard 90.1-2019, which are in increments of 5,000 Btu/h, vary 
by no more than 1.4 percent of the boundary translations calculated 
from DOE's capacity crosswalk. DOE considers this 1.4 percent variance 
to be de minimis because the only difference appears to be rounding. 
When rounded to increments of 5,000 Btu/h, DOE's crosswalk boundary 
translations are equivalent to the equipment class boundaries in ASHRAE 
Standard 90.1-2019. As such, to align DOE's analysis more closely with 
ASHRAE Standard 90.1-2019, DOE has used the equipment class boundaries 
in ASHRAE Standard 90.1-2019 as the translated boundaries for the 
crosswalk analysis. Use of the equipment class boundaries from ASHRAE 
Standard 90.1-2019 allows for an appropriate comparison between the 
energy efficiency levels and equipment classes specified in ASHRAE 
Standard 90.1 and those in the current DOE standards, while addressing 
the backsliding potential from class switching discussed previously.
    ASHRAE Standard 90.1-2019 does not include an upper capacity limit 
for coverage of CRACs. DOE's current standards are applicable only to 
CRACs with an NSCC less than 760,000 Btu/h, which is the upper boundary 
for very large commercial package air conditioning and heating 
equipment, the statutory limits on DOE's authority.\12\ 10 CFR 
431.97(e). However, the change in the ratings conditions in AHRI 1360-
2022 means this boundary (calculated according to the current Federal 
test procedure, which references ANSI/ASHRAE 127-2007) must be 
expressed in its calculated equivalent for AHRI 1360-20222 under the 
crosswalk analysis. Otherwise, equipment currently covered and subject 
to the Federal standards may be removed from coverage, thereby 
violating EPCA's anti-backsliding provision.
---------------------------------------------------------------------------

    \12\ At the time EPCA was amended to include the definition for 
``very large commercial package air conditioning and heating 
equipment,'' equipment covered by ASHRAE that met the statutory 
definition of ``commercial package air conditioning and heating 
equipment'' was generally comfort cooling equipment, which was rated 
according to the corresponding test procedures at 80 [deg]F/67 
[deg]F indoor air. The upper boundary of 760,000 Btu/h specified by 
EPCA (42 U.S.C. 6311(8)(D)) reflects a capacity rating at 80 [deg]F/
67 [deg]F indoor air. As discussed, DOE has translated the 760,000 
Btu/h limit to an equivalent rating that is based on testing 
according to the conditions specified in the updated industry test 
procedure for CRACs. Consequently, DOE does not have authority to 
set standards for models with a capacity beyond the 760,000 Btu/h 
limit specified by EPCA, as translated to a rating measured per AHRI 
1360-2022.
---------------------------------------------------------------------------

    In order to account for all equipment currently subject to the 
Federal standards, DOE calculated the AHRI 1360-2022 equivalent of the 
760,000 Btu/h equipment class boundary for certain equipment classes as 
part of its capacity crosswalk analysis. This translation of the upper 
boundary of the equipment classes applies only for downflow and upflow-
ducted classes (the classes for which the RAT increase applies). 
Consistent with the adjustments made in ASHRAE Standard 90.1-2019, DOE 
averaged the crosswalked capacity results across the affected equipment 
classes, and rounded to the nearest 5,000 Btu/h. Following this 
approach, DOE has derived 930,000 Btu/h as the translated upper 
capacity limit for downflow and upflow-ducted CRACs in the analysis 
presented in this document. The 930,000 Btu/h upper capacity limit (as 
measured per AHRI 1360-2022) used in the crosswalk analysis is 
equivalent to the 760,000 Btu/h upper capacity limit (as measured per 
ANSI/ASHRAE 127-2007) established in the current DOE standards.
    As discussed, in the March 2023 TP final rule, DOE amended its test 
procedures for CRACs to: (1) relocate the current test procedure for 
measuring SCOP to appendix E to subpart F of 10 CFR part 431; and (2) 
adopt an amended test procedure for measuring NSenCOP in appendix E1 to 
subpart F of 10 CFR part 431. See EERE-2021-BT-TP-0017. As amended, the 
scope of the CRAC test procedures at appendices E and E1 are limited to 
CRACs with cooling capacity below 760,000 Btu/h. However, to reflect 
the translation of 760,000 Btu/h to 930,000 Btu/h as the upper capacity 
limit for downflow and upflow-ducted CRACs (as measured per AHRI 1360-
2022 and discussed previously in this subsection), DOE is 
correspondingly amending the upper capacity limit for the scope of 
Appendix E1. Specifically, DOE is amending Table 1 to paragraph (b) at 
10 CFR 431.96 to specify the following: for upflow ducted and downflow 
floor-mounted computer room air conditioners, the test procedure in 
appendix E1 of this subpart applies to equipment with net sensible 
cooling capacity less than 930,000 Btu/h. For all other configurations 
of computer room air conditioners, the test procedure in appendix E1 
applies to equipment with net sensible cooling capacity less than 
760,000 Btu/h.
6. Crosswalk Results
    The ``crosswalked'' DOE efficiency levels (expressed in terms of 
NSenCOP) and equipment class capacity boundaries (adjusted to account 
for changes in rating conditions) were compared with the NSenCOP 
efficiency levels and capacity boundaries specified in ASHRAE Standard 
90.1-2019 to determine the stringency of ASHRAE Standard 90.1-2019 
requirements relative to current Federal standards.
    Table III-4 presents the results for the crosswalk analyses. The 
last column in the table, labeled ``Crosswalk Comparison,'' indicates 
whether the ASHRAE Standard 90.1-2019 levels are less stringent, 
equivalent to, or more stringent than the current Federal standards, 
based on DOE's analysis.

[[Page 36410]]



                                                                                                     Table III-4--Crosswalk Results
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                                  Cross-
                                                                                                             Current                                                              walked     ASHRAE
                                                                                                             federal      Test procedure                                         current    standard
      Condenser system type               Airflow configuration            Current NSCC range  (kBtu/h)      standard   changes affecting   Cross-walked  NSCC range  (kBtu/h)   federal   90.1-2019         Crosswalk  comparison
                                                                                                              (SCOP)       efficiency *                                          standard   NSenCOP
                                                                                                                                                                                (NSenCOP)    level
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Air-cooled.......................  Downflow...........................  <65...............................       2.20  Return air dry-bulb  <80...............................       2.62       2.70  More Stringent
                                                                                                                        temperature.
Air-cooled.......................  Downflow...........................  >=65 and <240.....................       2.10                       >=80 and <295.....................       2.50       2.58  More Stringent
Air-cooled.......................  Downflow...........................  >=240 and <760....................       1.90                       >=295 and <930....................       2.26       2.36  More Stringent
Air-cooled with fluid economizer.  Downflow...........................  <65...............................       2.20                       <80...............................       2.62       2.70  More Stringent
Air-cooled with fluid economizer.  Downflow...........................  >=65 and <240.....................       2.10                       >=80 and <295.....................       2.50       2.58  More Stringent
Air-cooled with fluid economizer.  Downflow...........................  >=240 and <760....................       1.90                       >=295 and <930....................       2.26       2.36  More Stringent
Water-cooled.....................  Downflow...........................  <65...............................       2.60  Return air dry-bulb  <80...............................       2.73       2.82  More Stringent
                                                                                                                        temperature.
Water-cooled.....................  Downflow...........................  >=65 and <240.....................       2.50                       >=80 and <295.....................       2.63       2.73  More Stringent
Water-cooled.....................  Downflow...........................  >=240 and <760....................       2.40                       >=295 and <930....................       2.54       2.67  More Stringent
Water-cooled with fluid            Downflow...........................  <65...............................       2.55  Condenser entering   <80...............................       2.68       2.77  More Stringent
 economizer.                                                                                                            water temperature.
Water-cooled with fluid            Downflow...........................  >=65 and <240.....................       2.45  Add allowance for    >=80 and <295.....................       2.59       2.68  More Stringent
 economizer.                                                                                                            heat rejection
                                                                                                                        components to
                                                                                                                        total power input.
Water-cooled with fluid            Downflow...........................  >=240 and <760....................       2.35                       >=295 and <930....................       2.50       2.61  More Stringent
 economizer.
Glycol-cooled....................  Downflow...........................  <65...............................       2.50  Add allowance for    <80...............................       2.43       2.56  More Stringent
                                                                                                                        heat rejection
                                                                                                                        components to
                                                                                                                        total power input.
Glycol-cooled....................  Downflow...........................  >=65 and <240.....................       2.15                       >=80 and <295.....................       2.15       2.24  More Stringent
Glycol-cooled....................  Downflow...........................  >=240 and <760....................       2.10                       >=295 and <930....................       2.11       2.21  More Stringent
Glycol-cooled with fluid           Downflow...........................  <65...............................       2.45                       <80...............................       2.39       2.51  More Stringent
 economizer.
Glycol-cooled with fluid           Downflow...........................  >=65 and <240.....................       2.10                       >=80 and <295.....................       2.11       2.19  More Stringent
 economizer.
Glycol-cooled with fluid           Downflow...........................  >=240 and <760....................       2.05                       >=295 and <930....................       2.06       2.15  More Stringent
 economizer.
Air-cooled.......................  Upflow Ducted......................  <65...............................       2.09  Return air dry-bulb  <80...............................       2.65       2.67  More Stringent
                                                                                                                        temperature.
Air-cooled.......................  Upflow Ducted......................  >=65 and <240.....................       1.99                       >=80 and <295.....................       2.55       2.55  Equivalent
Air-cooled.......................  Upflow Ducted......................  >=240 and <760....................       1.79                       >=295 and <930....................       2.26       2.33  More Stringent
Air-cooled with fluid economizer.  Upflow Ducted......................  <65...............................       2.09  ESP requirements...  <80...............................       2.65       2.67  More Stringent
Air-cooled with fluid economizer.  Upflow Ducted......................  >=65 and <240.....................       1.99                       >=80 and <295.....................       2.55       2.55  Equivalent
Air-cooled with fluid economizer.  Upflow Ducted......................  >=240 and <760....................       1.79                       >=295 and <930....................       2.26       2.33  More Stringent
Water-cooled.....................  Upflow Ducted......................  <65...............................       2.49  Return air dry-bulb  <80...............................       2.77       2.79  More Stringent
                                                                                                                        temperature.
Water-cooled.....................  Upflow Ducted......................  >=65 and <240.....................       2.39                       >=80 and <295.....................       2.70       2.70  Equivalent
Water-cooled.....................  Upflow Ducted......................  >=240 and <760....................       2.29  Condenser entering   >=295 and <930....................       2.56       2.64  More Stringent
                                                                                                                        water temperature.
Water-cooled with fluid            Upflow Ducted......................  <65...............................       2.44  ESP requirements...  <80...............................       2.72       2.74  More Stringent
 economizer.
Water-cooled with fluid            Upflow Ducted......................  >=65 and <240.....................       2.34  Add allowance for    >=80 and <295.....................       2.65       2.65  Equivalent
 economizer.                                                                                                            heat rejection
                                                                                                                        components to
                                                                                                                        total power input.
Water-cooled with fluid            Upflow Ducted......................  >=240 and <760....................       2.24                       >=295 and <930....................       2.51       2.58  More Stringent
 economizer.
Glycol-cooled....................  Upflow Ducted......................  <65...............................       2.39  Return air dry-bulb  <80...............................       2.47       2.53  More Stringent
                                                                                                                        temperature.
Glycol-cooled....................  Upflow Ducted......................  >=65 and <240.....................       2.04                       >=80 and <295.....................       2.19       2.21  More Stringent

[[Page 36411]]

 
Glycol-cooled....................  Upflow Ducted......................  >=240 and <760....................       1.99  ESP requirements...  >=295 and <930....................       2.11       2.18  More Stringent
Glycol-cooled with fluid           Upflow Ducted......................  <65...............................       2.34  Add allowance for    <80...............................       2.43       2.48  More Stringent
 economizer.                                                                                                            heat rejection
                                                                                                                        components to
                                                                                                                        total power input.
Glycol-cooled with fluid           Upflow Ducted......................  >=65 and <240.....................       1.99                       >=80 and <295.....................       2.14       2.16  More Stringent
 economizer.
Glycol-cooled with fluid           Upflow Ducted......................  >=240 and <760....................       1.94                       >=295 and <930....................       2.07       2.12  More Stringent
 economizer.
Air-cooled.......................  Upflow Non-Ducted..................  <65...............................       2.09  No changes.........  <65...............................       2.09       2.16  More Stringent
Air-cooled.......................  Upflow Non-Ducted..................  >=65 and <240.....................       1.99                       >=65 and <240.....................       1.99       2.04  More Stringent
Air-cooled.......................  Upflow Non-Ducted..................  >=240 and <760....................       1.79                       >=240 and <760....................       1.79       1.89  More Stringent
Air-cooled with fluid economizer.  Upflow Non-Ducted..................  <65...............................       2.09                       <65...............................       2.09       2.09  Equivalent
Air-cooled with fluid economizer.  Upflow Non-Ducted..................  >=65 and <240.....................       1.99                       >=65 and <240.....................       1.99       1.99  Equivalent
Air-cooled with fluid economizer.  Upflow Non-Ducted..................  >=240 and <760....................       1.79                       >=240 and <760....................       1.79       1.81  More Stringent
Water-cooled.....................  Upflow Non-Ducted..................  <65...............................       2.49  Condenser entering   <65...............................       2.25       2.43  More Stringent
                                                                                                                        water temperature.
Water-cooled.....................  Upflow Non-Ducted..................  >=65 and <240.....................       2.39                       >=65 and <240.....................       2.17       2.32  More Stringent
Water-cooled.....................  Upflow Non-Ducted..................  >=240 and <760....................       2.29                       >=240 and <760....................       2.09       2.20  More Stringent
Water-cooled with fluid            Upflow Non-Ducted..................  <65...............................       2.44  Add allowance for    <65...............................       2.21       2.35  More Stringent
 economizer.                                                                                                            heat rejection
                                                                                                                        components to
                                                                                                                        total power input.
Water-cooled with fluid            Upflow Non-Ducted..................  >=65 and <240.....................       2.34                       >=65 and <240.....................       2.13       2.24  More Stringent
 economizer.
Water-cooled with fluid            Upflow Non-Ducted..................  >=240 and <760....................       2.24                       >=240 and <760....................       2.05       2.12  More Stringent
 economizer.
Glycol-cooled....................  Upflow Non-Ducted..................  <65...............................       2.39                       <65...............................       2.03       2.08  More Stringent
Glycol-cooled....................  Upflow Non-Ducted..................  >=65 and <240.....................       2.04                       >=65 and <240.....................       1.77       1.90  More Stringent
Glycol-cooled....................  Upflow Non-Ducted..................  >=240 and <760....................       1.99  Add allowance for    >=240 and <760....................       1.73       1.81  More Stringent
                                                                                                                        heat rejection
                                                                                                                        components to
                                                                                                                        total power input.
Glycol-cooled with fluid           Upflow Non-Ducted..................  <65...............................       2.34                       <65...............................       1.99       2.00  More Stringent
 economizer.
Glycol-cooled with fluid           Upflow Non-Ducted..................  >=65 and <240.....................       1.99                       >=65 and <240.....................       1.73       1.82  More Stringent
 economizer.
Glycol-cooled with fluid           Upflow Non-Ducted..................  >=240 and <760....................       1.94                       >=240 and <760....................       1.69       1.73  More Stringent
 economizer.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 36412]]

    As indicated by the crosswalk, the standard levels established for 
CRACs in ASHRAE Standard 90.1-2019 are equivalent to the current 
Federal standards for six equipment classes and are more stringent than 
the current Federal standards for 48 equipment classes of CRACs. ASHRAE 
Standard 90.1-2019 also added 66 equipment classes of ceiling-mounted 
and horizontal-flow CRACs that did not require a crosswalk because 
there are currently no Federal standards for those classes. As 
discussed in section III.A of this final rule, DOE is adopting 
standards for horizontal-flow CRACs and ceiling-mounted CRACs. ASHRAE 
Standard 90.1-2019 also incorporates shifted capacity bin boundaries 
for upflow ducted and downflow CRAC equipment classes. DOE's crosswalk 
analysis indicates that these updated boundaries appropriately reflect 
the increase in NSCC that results from the changes in test procedure 
adopted under ASHRAE Standard 90.1-2019 and are equivalent to the 
capacity boundaries in the current Federal standards once those changes 
are accounted for (as discussed in previous sections of this document).
7. Comments Received Regarding DOE's Crosswalk
    AHRI agreed with DOE's crosswalk methodology and noted that AHRI 
members, DOE staff, and consultants met extensively in 2018 to develop 
the crosswalk analysis in order to ensure that new NSenCOP values 
developed for ASHRAE Standard 90.1-2019 addressed all of the 
shortcomings from the previous edition's efficiency levels. (AHRI, No. 
12 at p. 1) AHRI expressed support for the direct adoption of all 
NSenCOP values, and associated capacities in ASHRAE Standard 90.1 and 
agreed that the efficiencies proposed in the NOPR will save energy. Id.
    DOE did not receive any other comments regarding its crosswalk 
methodology. Therefore, for this final rule, DOE relies on the 
crosswalk analysis and results as originally presented in the September 
2020 NODA/RFI, in which DOE identifies 48 equipment classes for which 
the ASHRAE Standard 90.1-2019 efficiency levels are more stringent than 
current DOE efficiency levels (expressed in NSenCOP), six equipment 
classes for which the ASHRAE Standard 90.1-2019 efficiency levels are 
equal to the current DOE efficiency levels, and 66 classes of CRACs 
that are not currently subject to DOE's standards but for which 
standards are specified in ASHRAE Standard 90.1-2019 (i.e., horizontal-
flow and ceiling-mounted classes).

IV. Methodology for Estimates of Potential Energy Savings From ASHRAE 
Standard 90.1-2019 Levels

    In the September 2020 NODA/RFI, DOE performed an analysis to 
determine the energy-savings potential of amending Federal standards to 
the amended ASHRAE levels for CRACs for which ASHRAE Standard 90.1-2019 
specifies amended energy efficiency levels more stringent than the 
corresponding Federal energy conservation standards, as required under 
42 U.S.C. 6313(a)(6)(A). 85 FR 60642, 60663 (Sept. 25, 2020). DOE's 
energy savings analysis was limited to equipment classes for which a 
market exists and for which sufficient data were available.
    For the equipment classes where ASHRAE Standard 90.1-2019 specifies 
more-stringent levels than the corresponding Federal energy 
conservation standard, DOE calculated the potential energy savings to 
the Nation associated with adopting ASHRAE Standard 90.1-2019 as the 
difference between a no-new-standards case projection (i.e., without 
amended standards) and the ASHRAE Standard 90.1-2019 standards-case 
projection (i.e., with adoption of ASHRAE Standard 90.1-2019 levels).
    The national energy savings (NES) refers to cumulative lifetime 
energy savings for equipment purchased in a 30-year period that differs 
by equipment (i.e., the compliance date differs by equipment class 
(i.e., capacity) depending upon whether DOE is acting under the ASHRAE 
trigger or the 6-year-lookback (see 42 U.S.C. 6313(a)(6)(D)). In the 
standards case, equipment that is more efficient gradually replaces 
less-efficient equipment over time. This affects the calculation of the 
potential energy savings, which are a function of the total number of 
units in use and their efficiencies. Savings depend on annual shipments 
and equipment lifetime. Inputs to the energy savings analysis are 
presented in the following sections.

A. Annual Energy Use

    The purpose of the energy use analysis is to assess the energy 
savings potential of different equipment efficiencies in the building 
types that utilize the equipment. The Federal standard and ASHRAE 
Standard 90.1-2019 levels are expressed in terms of an efficiency 
metric. For each equipment class, the description of how DOE developed 
estimates of annual energy consumption at the Federal baseline 
efficiency level and the ASHRAE Standard 90.1-2019 level can be found 
in section III.A.1 of the September 2020 NODA/RFI. 85 FR 60642, 60664-
60666 (Sept. 25, 2020). In the March 2022 ECS NOPR, DOE briefly 
summarized that analysis and responded to stakeholder comments. 87 FR 
12802, 12827-12830 (March 7, 2022). However, DOE did not change its 
analysis in response to those comments. DOE did not receive any 
comments specific to this analysis in response to the March 2022 ECS 
NOPR, and continues to rely on the analysis from the September 2020 
NODA/RFI in this final rule. The annual unit energy consumption (UEC) 
estimates are displayed in Table IV-1 and form the basis of the 
national energy savings estimates discussed in section IV.E of this 
document.
1. Equipment Classes and Analytical Scope
    In the September 2020 NODA/RFI, DOE conducted an energy savings 
analysis for the 42 CRAC classes that currently have both DOE standards 
and more-stringent standards under ASHRAE Standard 90.1-2019. 85 FR 
60642, 60664 (Sept. 25, 2020). DOE was unable to identify market data 
that would allow for disaggregating results for the six equipment 
classes of air-cooled CRACs with fluid economizers that have ASHRAE 
Standard 90.1-2019 levels more stringent than current Federal 
standards. Furthermore, although ASHRAE Standard 90.1-2019 included 
levels for the 66 horizontal flow and ceiling-mounted equipment classes 
which currently are not subject to Federal standards, DOE was unable to 
identify market data that could be used to establish a market baseline 
for these classes in order to estimate energy savings at the time the 
September 2020 NODA/RFI was published. 85 FR 60642, 60663-60664 (Sept. 
25, 2020). DOE did not receive any efficiency data in response to the 
March 2022 ECS NOPR and is unaware of any publicly available data. 
Therefore, DOE was unable to develop a market baseline and estimate 
energy savings for the horizontal-flow and ceiling-mounted equipment 
classes for this final rule. The UEC estimates (provided in Table IV-1 
of this document) were only developed for equipment classes for which 
DOE could develop a market baseline; therefore, they do not include the 
horizontal-flow and ceiling-mounted classes.
2. Efficiency Levels
    DOE analyzed the energy savings potential of adopting ASHRAE 
Standard 90.1-2019 levels for CRAC equipment classes that currently 
have a Federal

[[Page 36413]]

standard and have an ASHRAE Standard 90.1-2019 efficiency level more 
stringent than the current Federal standard. For each equipment class, 
energy savings are measured relative to the baseline (i.e., the current 
Federal standard for that class). 85 FR 60642, 60664 (Sept. 25, 2020).
3. Analysis Method and Annual Energy Use Results
    In the September 2020 NODA/RFI, to derive UECs for the equipment 
classes analyzed in this document, DOE started with the UECs based on 
the current DOE standards for downflow equipment classes as analyzed in 
the May 2012 final rule. DOE assumed that these UECs correspond to the 
NSenCOP that was derived through the crosswalk analysis (i.e., ``Cross-
walked Current Federal Standard'' column in Table III-4). DOE 
determined the UEC for the ASHRAE Standard 90.1-2019 level by dividing 
the baseline NSenCOP level by the NSenCOP for the ASHRAE Standard 90.1-
2019 level and multiplied the resulting percentage by the baseline UEC. 
85 FR 60642, 60664 (Sept. 25, 2020).
    In the May 2012 final rule, DOE assumed that energy savings 
estimates derived for downflow equipment classes would be 
representative of upflow equipment classes, which differed by a fixed 
0.11 SCOP. 77 FR 28928, 28954 (May 16, 2012). Because of the fixed 0.11 
SCOP difference between upflow and downflow CRAC units in ASHRAE 
Standard 90.1-2013, DOE determined that the per-unit energy savings 
benefits for corresponding CRACs at higher efficiency levels could be 
represented using the 15 downflow equipment classes. Id. However, in 
this analysis, the efficiency levels for the upflow non-ducted 
equipment classes do not differ from the downflow equipment class by a 
fixed amount. For the September 2020 NODA/RFI, DOE assumed that the 
fractional increase/decrease in NSenCOP between upflow and downflow 
units corresponds to a proportional decrease/increase in the baseline 
UEC within a given equipment class grouping of condenser system and 
capacity. 85 FR 60642, 60665 (Sept. 25, 2020).
    Table IV-1 shows UEC estimates for the equipment classes triggered 
by ASHRAE Standard 90.1-2019 (i.e., equipment classes for which the 
ASHRAE Standard 90.1-2019 energy efficiency level is more stringent 
than the currently applicable Federal standard).

                                           Table IV-1--National UEC Estimates (kWh/Year) for CRAC Systems \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                      Current federal standard   ASHRAE  standard 90.1-
                                                                              Current net sensible                                        2019
        Condenser system type                 Airflow configuration             cooling capacity     ---------------------------------------------------
                                                                                                        NSenCOP     UEC (kwh)     NSenCOP     UEC (kwh)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Air-cooled...........................  Downflow...........................  <65,000 Btu/h...........         2.62       27,411         2.70       26,599
                                                                            >=65,000 Btu/h and               2.50      102,762         2.58       99,575
                                                                             <240,000 Btu/h.
                                                                            >=240,000 Btu/h and              2.26      246,011         2.36      235,587
                                                                             <760,000 Btu/h.
                                       Upflow, ducted.....................  <65,000 Btu/h...........         2.65       27,100         2.67       26,897
                                                                            >=240,000 Btu/h and              2.26      247,104         2.33      238,620
                                                                             <760,000 Btu/h.
                                       Upflow, non-ducted.................  <65,000 Btu/h...........         2.09       34,362         2.16       33,248
                                                                            >=65,000 Btu/h and               1.99      129,097         2.04      125,933
                                                                             <240,000 Btu/h.
                                                                            >=240,000 Btu/h and              1.79      310,606         1.89      294,172
                                                                             <760,000 Btu/h.
Water-cooled.........................  Downflow...........................  <65,000 Btu/h...........         2.73       24,726         2.82       23,850
                                                                            >=65,000 Btu/h and               2.63       92,123         2.73       88,749
                                                                             <240,000 Btu/h.
                                                                            >=240,000 Btu/h and              2.54      208,727         2.67      198,564
                                                                             <760,000 Btu/h.
                                       Upflow, ducted.....................  <65,000 Btu/h...........         2.77       24,280         2.79       24,106
                                                                            >=240,000 Btu/h and              2.56      207,096         2.64      200,821
                                                                             <760,000 Btu/h.
                                       Upflow, non-ducted.................  <65,000 Btu/h...........         2.25       29,891         2.43       27,677
                                                                            >=65,000 Btu/h and               2.17      112,169         2.32      104,433
                                                                             <240,000 Btu/h.
                                                                            >=240,000 Btu/h and              2.09      254,888         2.20      240,985
                                                                             <760,000 Btu/h.
Water-cooled with fluid economizer...  Downflow...........................  <65,000 Btu/h...........         2.68       15,443         2.77       14,885
                                                                            >=65,000 Btu/h and               2.59       57,537         2.68       55,390
                                                                             <240,000 Btu/h.
                                                                            >=240,000 Btu/h and              2.50      129,787         2.61      123,819
                                                                             <760,000 Btu/h.
                                       Upflow, ducted.....................  <65,000 Btu/h...........         2.72       15,159         2.74       15,048
                                                                            >=240,000 Btu/h and              2.51      128,753         2.58      125,259
                                                                             <760,000 Btu/h.
                                       Upflow, non-ducted.................  <65,000 Btu/h...........         2.21       18,657         2.35       17,546
                                                                            >=65,000 Btu/h and               2.13       70,022         2.24       66,271
                                                                             <240,000 Btu/h.
                                                                            >=240,000 Btu/h and              2.05      158,416         2.12      152,438
                                                                             <760,000 Btu/h.
Glycol-cooled........................  Downflow...........................  <65,000 Btu/h...........         2.43       24,671         2.56       23,419
                                                                            >=65,000 Btu/h and               2.15      101,844         2.24       97,297
                                                                             <240,000 Btu/h.
                                                                            >=240,000 Btu/h and              2.11      227,098         2.21      215,794
                                                                             <760,000 Btu/h.
                                       Upflow, ducted.....................  <65,000 Btu/h...........         2.47       24,272         2.53       23,696
                                                                            >=65,000 Btu/h and               2.19       99,975         2.21       98,618
                                                                             <240,000 Btu/h.
                                                                            >=240,000 Btu/h and              2.11      226,021         2.18      218,764
                                                                             <760,000 Btu/h.
                                       Upflow, non-ducted.................  <65,000 Btu/h...........         2.03       29,679         2.08       28,823
                                                                            >=65,000 Btu/h and               1.77      123,833         1.90      114,708
                                                                             <240,000 Btu/h.
                                                                            >=240,000 Btu/h and              1.73      275,668         1.81      263,483
                                                                             <760,000 Btu/h.
Glycol-cooled with fluid economizer..  Downflow...........................  <65,000 Btu/h...........         2.39       19,813         2.51       18,866
                                                                            >=65,000 Btu/h and               2.11       81,668         2.19       78,312
                                                                             <240,000 Btu/h.
                                                                            >=240,000 Btu/h and              2.06      182,034         2.15      174,414
                                                                             <760,000 Btu/h.
                                       Upflow, ducted.....................  <65,000 Btu/h...........         2.43       19,567         2.48       19,094
                                                                            >=65,000 Btu/h and               2.14       80,142         2.16       79,400
                                                                             <240,000 Btu/h.
                                                                            >=240,000 Btu/h and              2.07      182,034         2.12      176,882
                                                                             <760,000 Btu/h.
                                       Upflow, non-ducted.................  <65,000 Btu/h...........         1.99       23,796         2.00       23,677
                                                                            >=65,000 Btu/h and               1.73       99,135         1.82       94,232
                                                                             <240,000 Btu/h.
                                                                            >=240,000 Btu/h and              1.69      221,888         1.73      216,757
                                                                             <760,000 Btu/h.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The air-cooled, upflow ducted, >65,000 Btu/h and <240,000 Btu/h; water-cooled, upflow ducted, >65,000 Btu/h and <240,000 Btu/h; and water-cooled
  with fluid economizer, upflow ducted, >65,000 Btu/h and <240,000 Btu/h equipment classes are not included in the table, as the ASHRAE Standard 90.1-
  2019 levels for these classes are equivalent to the current Federal standard.


[[Page 36414]]

B. Shipments Analysis

    DOE uses shipment projections by equipment class to calculate the 
national impacts of standards on energy consumption, as well as net 
present value and future manufacturer cash flows. DOE shipments 
projections typically are based on available historical data broken out 
by equipment classes. Current sales estimates allow for a more accurate 
model that captures recent trends in the market.
    In the analysis conducted in the September 2020 NODA/RFI, DOE used 
confidential shipments data provided by AHRI to calibrate its shipment 
model to produce a breakdown by equipment class. DOE then used a stock 
turnover model to project shipments over the 30-year shipments analysis 
period. The stock turnover model was broken into three cooling 
capacities (<65,000 Btu/h, >=65,000 Btu/h and <240,000 Btu/h, and 
>=240,000 Btu/h and <760,000 Btu/h), and stock projections for each 
cooling capacity grew at a constant rate through the 30-year analysis 
period. 85 FR 60642, 60668-60669 (Sept. 25, 2020). Total shipments are 
projected to grow slightly over the analysis period, as shown in Table 
IV-2 of this document. The analysis in the September 2020 NODA/RFI 
relied in part on the 2012 Commercial Buildings Energy Consumption 
Survey (CBECS 2012).\13\ In response to the September 2020 NODA/RFI, 
AHRI stated that DOE should rely on CBECS 2018 when it was published. 
(AHRI No. 2 at p. 3) \14\ In the March 2022 ECS NOPR, DOE stated that 
the full dataset from CBECS 2018 was not available at the time of the 
NOPR. 87 FR 12802, 12830-12831 (March 7, 2022). DOE added that CBECS 
2012 was used to develop a stock of CRACs that would match the 
shipments provided by AHRI in 2012, so the main driver of shipments 
analysis was the shipments time series and not CBECS 2012. Id. However, 
DOE stated that to the extent that updated CBECS data become available, 
DOE will consider such data in the evaluation of a final rule. Id. 
CBECS 2018 data is now available; \15\ however as stated previously, 
using CBECS 2018 would not be expected to significantly change the 
shipments analysis, as it would be calibrated to confidential shipments 
data provided by AHRI, just as is done with the CBECS 2012 data. For 
this reason, and because DOE is not making other analytical updates in 
this final rule, DOE continues to rely on the shipments data and 
methodology from the September 2020 NODA/RFI and March 2022 ECS NOPR.
---------------------------------------------------------------------------

    \13\ U.S. Department of Energy--Energy Information 
Administration, 2012 CBECS Survey Data (Available at: www.eia.gov/consumption/commercial/data/2012/) (Last accessed March 9, 2020).
    \14\ Comment received in response to September 2020 NODA/RFI 
(Available at: https://www.regulations.gov/document/EERE-2020-BT-STD-0008-0001).
    \15\ Available at: www.eia.gov/consumption/commercial/data/2018/.

                                         Table IV-2--Projected Shipments
----------------------------------------------------------------------------------------------------------------
                                                       >=65,000 Btu/h and    >=240,000 Btu/h and       Total
                                       <65,000 Btu/h     <240,000 Btu/h        <760,000 Btu/h        shipments
----------------------------------------------------------------------------------------------------------------
2020 Shipments......................           3,208                 2,132                 3,190           8,530
2052 Shipments......................           2,634                 3,650                 3,178           9,462
----------------------------------------------------------------------------------------------------------------

C. No-New-Standards-Case Efficiency Distribution

    The no-new-standards case efficiency distribution is used to 
establish the market share of each efficiency level in the case where 
there is no new or amended standard. DOE is unaware of available market 
data that reports CRAC efficiency in terms of NSenCOP that can be used 
to determine the no-new-standards case efficiency distribution. DOE 
estimated the no-new-standards case efficiency distribution for each 
CRAC equipment class using model counts from DOE's Compliance 
Certification Database. DOE calculated the fraction of models that are 
above the current Federal baseline and below the ASHRAE Standard 90.1-
2019 level and assigned this to the Federal baseline. All models that 
are at or above that ASHRAE Standard 90.1-2019 level are assigned to 
the ASHRAE level. The no-new-standard case distribution for CRACs are 
presented in Table IV-3.

                     Table IV-3--No-New-Standards Case Efficiency Distribution for CRACs \1\
----------------------------------------------------------------------------------------------------------------
                                                                                   Federal
                                        Airflow         Current net sensible      baseline      ASHRAE standard
      Condenser system type          configuration        cooling capacity      market share    90.1-2019 level
                                                                                     (%)        market share (%)
----------------------------------------------------------------------------------------------------------------
Air-cooled......................  Downflow..........  <65,000 Btu/h..........               2                 98
                                                      >=65,000 Btu/h and                   22                 78
                                                       <240,000 Btu/h.
                                                      >=240,000 Btu/h and                  20                 80
                                                       <760,000 Btu/h.
                                  Upflow, ducted....  <65,000 Btu/h..........               0                100
                                                      >=240,000 Btu/h and                   4                 96
                                                       <760,000 Btu/h.
                                  Upflow, non-ducted  <65,000 Btu/h..........               4                 96
                                                      >=65,000 Btu/h and                   11                 89
                                                       <240,000 Btu/h.
                                                      >=240,000 Btu/h and                  23                 77
                                                       <760,000 Btu/h.
Water-cooled....................  Downflow..........  <65,000 Btu/h..........              11                 89
                                                      >=65,000 Btu/h and                   15                 85
                                                       <240,000 Btu/h.
                                                      >=240,000 Btu/h and                  24                 76
                                                       <760,000 Btu/h.
                                  Upflow, ducted....  <65,000 Btu/h..........               0                100
                                                      >=240,000 Btu/h and                  13                 87
                                                       <760,000 Btu/h.
                                  Upflow, non-ducted  <65,000 Btu/h..........              11                 89
                                                      >=65,000 Btu/h and                   21                 79
                                                       <240,000 Btu/h.
                                                      >=240,000 Btu/h and                  27                 73
                                                       <760,000 Btu/h.

[[Page 36415]]

 
Water-cooled with fluid           Downflow..........  <65,000 Btu/h..........               2                 98
 economizer.                                          >=65,000 Btu/h and                   13                 87
                                                       <240,000 Btu/h.
                                                      >=240,000 Btu/h and                  38                 62
                                                       <760,000 Btu/h.
                                  Upflow, ducted....  <65,000 Btu/h..........               2                 98
                                                      >=240,000 Btu/h and                  13                 87
                                                       <760,000 Btu/h.
                                  Upflow, non-ducted  <65,000 Btu/h..........               8                 92
                                                      >=65,000 Btu/h and                   16                 84
                                                       <240,000 Btu/h.
                                                      >=240,000 Btu/h and                  20                 80
                                                       <760,000 Btu/h.
Glycol-cooled...................  Downflow..........  <65,000 Btu/h..........              57                 43
                                                      >=65,000 Btu/h and                   31                 69
                                                       <240,000 Btu/h.
                                                      >=240,000 Btu/h and                  36                 64
                                                       <760,000 Btu/h.
                                  Upflow, ducted....  <65,000 Btu/h..........              20                 80
                                                      >=65,000 Btu/h and                    6                 94
                                                       <240,000 Btu/h.
                                                      >=240,000 Btu/h and                  30                 70
                                                       <760,000 Btu/h.
                                  Upflow, non-ducted  <65,000 Btu/h..........              20                 80
                                                      >=65,000 Btu/h and                   38                 62
                                                       <240,000 Btu/h.
                                                      >=240,000 Btu/h and                  30                 70
                                                       <760,000 Btu/h.
Glycol-cooled with fluid          Downflow..........  <65,000 Btu/h..........              57                 43
 economizer.                                          >=65,000 Btu/h and                   31                 69
                                                       <240,000 Btu/h.
                                                      >=240,000 Btu/h and                  31                 69
                                                       <760,000 Btu/h.
                                  Upflow, ducted....  <65,000 Btu/h..........              10                 90
                                                      >=65,000 Btu/h and                    8                 92
                                                       <240,000 Btu/h.
                                                      >=240,000 Btu/h and                  33                 67
                                                       <760,000 Btu/h.
                                  Upflow, non-ducted  <65,000 Btu/h..........               2                 98
                                                      >=65,000 Btu/h and                   30                 70
                                                       <240,000 Btu/h.
                                                      >=240,000 Btu/h and                  27                 73
                                                       <760,000 Btu/h.
----------------------------------------------------------------------------------------------------------------
\1\ The air-cooled, upflow ducted, >65,000 Btu/h and <240,000 Btu/h; water-cooled, upflow ducted, >65,000 Btu/h
  and <240,000 Btu/h; and water-cooled with fluid economizer, upflow ducted, >65,000 Btu/h and <240,000 Btu/h
  equipment classes are not included in the table, as the ASHRAE Standard 90.1-2019 levels for these equipment
  classes are equivalent to the current Federal standards.

D. Compliance Dates and Analysis Period

    If DOE were to prescribe energy conservation standards at the 
efficiency levels contained in ASHRAE Standard 90.1-2019, EPCA provides 
that the compliance date 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)). If ASHRAE 
Standard 90.1 does not specify an effective date, then the compliance 
date specified by statute would be dependent upon the publication date 
of ASHRAE Standard 90.1-2019.
    In this case, ASHRAE Standard 90.1-2019 does not specify an 
effective date for CRAC levels, so, therefore, the publication date of 
October 23, 2019, was used to determine the compliance dates for 
estimating the energy savings potential of adopting ASHRAE Standard 
90.1-levels.
    For equipment classes for which the ASHRAE Standard 90.1 levels are 
more stringent than the current Federal standards (i.e., classes for 
which DOE is triggered), if DOE were to prescribe standards more 
stringent than the efficiency levels contained in ASHRAE Standard 90.1-
2019, EPCA dictates that the compliance date must be on or after a date 
which is four years after the date of publication of a final rule in 
the Federal Register. (42 U.S.C. 6313(a)(6)(D)) For equipment classes 
for which DOE is acting under its 6-year lookback authority, if DOE 
were to adopt more-stringent standards, EPCA states that the compliance 
date for any such standard shall be after a date that is the later of 
the date three years after publication of the final rule establishing a 
new standard or the date six years after the effective date for the 
current standard. (42 U.S.C. 6313(a)(6)(C)(iv)) As discussed in Section 
V of this document, DOE is not establishing standards for CRACs that 
are more stringent than the levels contained in ASHRAE Standard 90.1-
2019. For purposes of calculating the NES for the equipment in this 
evaluation, DOE used a 30-year analysis period starting with the 
assumed year of compliance listed in Table IV-4 for equipment analyzed 
in the September 2020 NODA/RFI. This is the standard analysis period of 
30 years that DOE typically uses in its NES analysis. For equipment 
classes with a compliance date in the last six months of the year, DOE 
starts its analysis period in the first full year after compliance. For 
example, if CRACs less than 65,000 Btu/h were to have a compliance date 
of October 23, 2021, the analysis period for calculating NES would 
begin in 2022 and extend to 2051.

  Table IV-4--Analyzed Compliance Dates of Amended Energy Conservation
                Standards for Triggered Equipment Classes
------------------------------------------------------------------------
                                              Analyzed compliance dates
              Equipment class                 for efficiency levels in
                                              ASHRAE standard 90.1-2019
------------------------------------------------------------------------
                     Computer Room Air Conditioners
------------------------------------------------------------------------
Equipment with current NSCC <65,000 Btu/h.  10/23/2021
Equipment with current NSCC >=65,000 and    10/23/2022
 <240,000 Btu/h.
Equipment with current NSCC >=240,000 Btu/  10/23/2022
 h and <760,000 Btu/h.
------------------------------------------------------------------------

    The analysis presented in this final rule relies on the minimum 
compliance dates provided under EPCA for the energy conservation 
standards. In the March 2022 ECS NOPR and in this final

[[Page 36416]]

rule, DOE considered the various applicable lead times required by EPCA 
and has determined that the compliance date for amended standards for 
all CRAC equipment classes will be 360 days after the publication date 
of the final rule adopting amended energy conservation standards. 87 FR 
12802, 12834 (March 7, 2022). Comments received on the compliance date 
are discussed in section V.D of this document.

E. Estimates of Potential Energy Savings

    DOE estimated the potential site, primary, and FFC energy savings 
in quads (i.e., 10\15\ Btu) for adopting ASHRAE Standard 90.1-2019 
efficiency levels for CRACs within each equipment class analyzed. The 
potential energy savings of adopting ASHRAE Standard 90.1-2019 levels 
are measured relative to the current Federal standards. Table IV-5 
shows the potential energy savings resulting from the analyses 
conducted for CRACs. The reported energy savings are cumulative over 
the period in which equipment shipped in the 30-year analysis continues 
to operate. The national energy savings estimates are identical to 
those provided in the September 2020 NODA/RFI. See 85 FR 60642, 60672 
(Sep. 25, 2020).

                                Table IV-5--Potential Energy Savings of Adopting ASHRAE Standard 90.1-2019 for CRACs \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                              ASHRAE       Site savings       Primary       FFC savings
                                                                                            efficiency   ----------------     savings    ---------------
        Condenser system type            Airflow configuration     Current net sensible        level                     ----------------
                                                                     cooling capacity    ----------------      Quads                           Quads
                                                                                              NSenCOP                          Quads
--------------------------------------------------------------------------------------------------------------------------------------------------------
Air-cooled...........................  Downflow................  <65,000 Btu/h..........            2.70          0.0000          0.0000          0.0000
                                                                 >=65,000 Btu/h and                 2.58          0.0011          0.0029          0.0030
                                                                  <240,000 Btu/h.
                                                                 >=240,000 Btu/h and                2.36          0.0071          0.0185          0.0193
                                                                  <760,000 Btu/h.
                                       Upflow, ducted..........  <65,000 Btu/h..........            2.67          0.0000          0.0000          0.0000
                                                                 >=240,000 Btu/h and                2.33          0.0001          0.0003          0.0003
                                                                  <760,000 Btu/h.
                                       Upflow, non-ducted......  <65,000 Btu/h..........            2.16          0.0000          0.0001          0.0001
                                                                 >=65,000 Btu/h and                 2.04          0.0003          0.0007          0.0008
                                                                  <240,000 Btu/h.
                                                                 >=240,000 Btu/h and                1.89          0.0014          0.0037          0.0039
                                                                  <760,000 Btu/h.
Water-cooled.........................  Downflow................  <65,000 Btu/h..........            2.82          0.0000          0.0000          0.0000
                                                                 >=65,000 Btu/h and                 2.73          0.0001          0.0003          0.0003
                                                                  <240,000 Btu/h.
                                                                 >=240,000 Btu/h and                2.67          0.0003          0.0007          0.0008
                                                                  <760,000 Btu/h.
                                       Upflow, ducted..........  <65,000 Btu/h..........            2.79          0.0000          0.0000          0.0000
                                                                 >=240,000 Btu/h and                2.64          0.0000          0.0001          0.0001
                                                                  <760,000 Btu/h.
                                       Upflow, non-ducted......  <65,000 Btu/h..........            2.43          0.0001          0.0004          0.0004
                                                                 >=65,000 Btu/h and                 2.32          0.0002          0.0005          0.0006
                                                                  <240,000 Btu/h.
                                                                 >=240,000 Btu/h and                2.20          0.0001          0.0003          0.0003
                                                                  <760,000 Btu/h.
Water-cooled with fluid economizer...  Downflow................  <65,000 Btu/h..........            2.77          0.0000          0.0000          0.0000
                                                                 >=65,000 Btu/h and                 2.68          0.0000          0.0000          0.0000
                                                                  <240,000 Btu/h.
                                                                 >=240,000 Btu/h and                2.61          0.0001          0.0002          0.0002
                                                                  <760,000 Btu/h.
                                       Upflow, ducted..........  <65,000 Btu/h..........            2.74          0.0000          0.0000          0.0000
                                                                 >=240,000 Btu/h and                2.58          0.0000          0.0000          0.0000
                                                                  <760,000 Btu/h.
                                       Upflow, non-ducted......  <65,000 Btu/h..........            2.35          0.0000          0.0000          0.0000
                                                                 >=65,000 Btu/h and                 2.24          0.0000          0.0000          0.0000
                                                                  <240,000 Btu/h.
                                                                 >=240,000 Btu/h and                2.12          0.0000          0.0000          0.0000
                                                                  <760,000 Btu/h.
Glycol-cooled........................  Downflow................  <65,000 Btu/h..........            2.56          0.0000          0.0000          0.0000
                                                                 >=65,000 Btu/h and                 2.24          0.0001          0.0002          0.0002
                                                                  <240,000 Btu/h.
                                                                 >=240,000 Btu/h and                2.21          0.0001          0.0003          0.0003
                                                                  <760,000 Btu/h.
                                       Upflow, ducted..........  <65,000 Btu/h..........            2.53          0.0000          0.0000          0.0000
                                                                 >=65,000 Btu/h and                 2.21          0.0000          0.0000          0.0000
                                                                  <240,000 Btu/h.
                                                                 >=240,000 Btu/h and                2.18          0.0000          0.0000          0.0000
                                                                  <760,000 Btu/h.
                                       Upflow, non-ducted......  <65,000 Btu/h..........            2.08          0.0000          0.0000          0.0000
                                                                 >=65,000 Btu/h and                 1.90          0.0001          0.0003          0.0003
                                                                  <240,000 Btu/h.
                                                                 >=240,000 Btu/h and                1.81          0.0000          0.0001          0.0001
                                                                  <760,000 Btu/h.

[[Page 36417]]

 
Glycol-cooled with fluid economizer..  Downflow................  <65,000 Btu/h..........            2.51          0.0000          0.0001          0.0001
                                                                 >=65,000 Btu/h and                 2.19          0.0003          0.0007          0.0007
                                                                  <240,000 Btu/h.
                                                                 >=240,000 Btu/h and                2.15          0.0009          0.0022          0.0023
                                                                  <760,000 Btu/h.
                                       Upflow, ducted..........  <65,000 Btu/h..........            2.48          0.0000          0.0000          0.0000
                                                                 >=65,000 Btu/h and                 2.16          0.0000          0.0000          0.0000
                                                                  <240,000 Btu/h.
                                                                 >=240,000 Btu/h and                2.12          0.0002          0.0004          0.0004
                                                                  <760,000 Btu/h.
                                       Upflow, non-ducted......  <65,000 Btu/h..........            2.00          0.0000          0.0000          0.0000
                                                                 >=65,000 Btu/h and                 1.82          0.0003          0.0007          0.0008
                                                                  <240,000 Btu/h.
                                                                 >=240,000 Btu/h and                1.73          0.0001          0.0003          0.0003
                                                                  <760,000 Btu/h.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The air-cooled, upflow ducted, >65,000 Btu/h and <240,000 Btu/h; water-cooled, upflow ducted, >65,000 Btu/h and <240,000 Btu/h; and water-cooled
  with fluid economizer, upflow ducted, >65,000 Btu/h and <240,000 Btu/h equipment classes are not included in the table, as the ASHRAE Standard 90.1-
  2019 levels for these equipment classes are equivalent to the current Federal standard.

V. Conclusions

A. Consideration of More-Stringent Efficiency Levels

    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))
    In the March 2022 ECS NOPR, DOE tentatively determined that due to 
the lack of market data in terms of the NSenCOP metric and the test 
metric change, DOE was unable to determine via clear and convincing 
evidence that a more-stringent CRAC standard level than that contained 
in ASHRAE Standard 90.1-2019 would result in significant additional 
conservation of energy and is technologically feasible and economically 
justified. 87 FR 12802, 12837-12838 (March 7, 2022). DOE noted that to 
obtain NSenCOP market data for purposes of analysis of standard levels 
more stringent than ASHRAE Standard 90.1-2019, DOE would be required to 
translate the individual SCOP ratings to NSenCOP ratings for all CRAC 
models certified in DOE's CCMS Database. As the range of model 
efficiencies increases, so does the number of different technologies 
used to achieve such efficiencies. With this increase in variation, 
there is an increase in the potential for variation in the crosswalk 
results from the actual performance under the new metric of the 
analyzed models. DOE decided not to conduct further analysis for this 
particular rulemaking because DOE lacked the data to assess potential 
energy conservation. Id.
    AHRI stated that it supports the direct adoption of all NSenCOP 
values and associated capacities in ASHRAE Standard 90.1, and the 
commenter agreed that the efficiencies proposed in the NOPR will save 
energy. (AHRI, No.12 at p. 1)
    NYSERDA recognized that the new NSenCOP metric presented difficulty 
in obtaining accurate market data but commented that changing ASHRAE 
metrics does not preclude DOE from its obligations to conduct a 
thorough analysis of the market to determine if there is clear and 
convincing evidence to set standards above the ASHRAE levels. (NYSERDA, 
No. 14 at p. 2) NYSERDA urged DOE to conduct further analysis and 
reassess this determination as more manufacturers adhere to the NSenCOP 
standards and demonstrate their equipment performance. Id. NYSERDA 
further asserted that, based on their observations of CRAC equipment on 
the DOE CCMS database, some equipment already have efficiency levels 
higher than required in ASHRAE Standard 90.1-2019 indicating a 
potential for more-stringent energy conservation standards, and 
recommended that DOE re-evaluate CRAC standards sooner than mandated by 
the six-year-lookback requirement. Id.
    The CA IOUs encouraged DOE to adopt higher minimum efficiencies 
than ASHRAE Standard 90.1-2019 for three CRAC classes: (1) Air-cooled 
Downflow >=295 kBtu/h and <930 kBtu/h; (2) Air-cooled Upflow Ducted 
>=295 kBtu/h and <930 kBtu/h, and (3) Air-cooled Upflow Non-Ducted 
>=295 kBtu/h and <930 kBtu/h. (CA IOUs, No. 13 at p. 2) The CA IOUs 
asserted that based on their analysis, all CRACs sold in the U.S. in 
these classes are already more efficient than the efficiency levels in 
ASHRAE 90.1-2019. Id. The CA IOUs stated that there are also several 
CRAC classes where most of the CRACs exceed ASHRAE Standard 90.1-2019 
minimum efficiency levels, and the commenter suggested that those 
classes should be considered for higher levels. Id. The CA IOUs added 
that based on their findings, they would suggest more-stringent 
standards for this equipment to the governing body of ASHRAE Standard 
90.1, and they encouraged DOE participation in the ASHRAE Standard 90.1 
process. Id.
    In response to NYSERDA, DOE notes that it makes determinations 
pursuant to the ASHRAE trigger (and the six-year look back review) by 
evaluating the information and data available specific to the equipment 
under review that is present at that time. DOE is not making a general 
determination that the clear and convincing evidence threshold cannot 
be met in all instances in which there is a metric change. Nonetheless, 
as acknowledged by NYSERDA, the lack of market data in terms of the new 
metric prevents DOE from comprehensively

[[Page 36418]]

assessing the potential for energy conservation at the current time. 
However, in a future rulemaking when more market data are available in 
terms of the NSenCOP metric, DOE may be in a better position to conduct 
a full economic analysis.
    In response to NYSERDA's and the CA IOU's comment regarding 
equipment classes with rated equipment efficiencies that are already 
higher than the minimum efficiency levels in ASHRAE Standard 90.1-2019, 
DOE notes that it cannot make such a determination without a 
significant number of manufacturers certifying with the NSenCOP metric. 
DOE identified NSenCOP market data for less than three percent of the 
CRAC models certified in DOE's Certification Compliance Database. Even 
if the analysis presented by the CA IOUs is deemed accurate, DOE does 
not have enough information to evaluate what an appropriate more-
stringent standard would be for the equipment classes which the CA IOUs 
have identified. In response to the CA IOUs' request that DOE 
participate in the ASHRAE Standard 90.1 process, the Department notes 
that as of the time of this final rule, it is an active participant in 
the ASHRAE Standard 90.1 process.
    After considering these stakeholder comments, and the lack of 
sufficient NSenCOP market data available following the March 2022 ECS 
NOPR, DOE maintains its preliminary decision not to conduct additional 
analysis of more-stringent CRAC standards as part of this rulemaking. 
The lack of market and performance data in terms of the new metric 
limits the analysis of energy savings that would result from efficiency 
levels more stringent than the amended ASHRAE Standard 90.1-2019 levels 
for this equipment. Accordingly, given the limits of any energy use 
analysis resulting from the lack of data, DOE has concluded that it 
lacks clear and convincing evidence that more-stringent standards for 
CRACs would result in a significant additional amount of energy savings 
as required for DOE to establish such more-stringent standards.

B. Review Under 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)) DOE may only adopt more-stringent standards 
pursuant to the six-year-lookback review if the Secretary determines, 
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); 42 U.S.C. 6313(a)(6)(A)(ii)(II)) The 
analysis under the six-year-lookback provision incorporates the same 
standards and factors as the analysis for whether DOE should adopt a 
standard more stringent than an amended ASHRAE Standard 90.1 standard. 
Id. Accordingly, DOE is evaluating the six CRAC equipment classes for 
which ASHRAE Standard 90.1-2019 did not increase the stringency of the 
standards.
    Similar to the triggered classes discussed in section V.A of this 
document, there are limited NSenCOP data for CRACs within each of these 
six classes, and there is not a comparable industry analysis (i.e., 
translating ratings to the updated metric for all models on the market) 
for comparison. While the crosswalk analysis required only that DOE 
translate the efficiency levels at the baseline levels, the analysis 
needed to evaluate whether amended standards more stringent than ASHRAE 
Standard 90.1-2019 would result in significant energy savings and be 
technologically feasible and economically justified under the clear and 
convincing threshold would require more than baseline data--it would 
require NSenCOP data across all efficiency levels on the market.
    Therefore, in line with the same initial reasoning presented in 
DOE's evaluation of more-stringent standards for those classes of CRAC 
for which ASHRAE updated the industry standards, DOE determines that 
the clear and convincing evidence threshold is not met for these six 
classes. As such, DOE did not conduct an energy savings analysis of 
standard levels more stringent than the current Federal standard levels 
for the classes of CRACs not triggered by ASHRAE Standard 90.1-2019 
(i.e., the six classes of CRAC for which ASHRAE Standard 90.1-2019 does 
not specify more-stringent minimum efficiency levels).

C. Definition for Ducted Condenser

    As indicated, ASHRAE Standard 90.1-2019 includes separate equipment 
classes for ceiling-mounted CRACs with ducted condensers. The current 
definitions at 10 CFR 431.92 do not include a definition of ``ducted 
condenser.'' In the March 2022 ECS NOPR, DOE proposed the following 
definition of ``ducted condenser'' at 10 CFR 431.92, consistent with 
the definition specified in section 3.2.11.1 of AHRI 1360-2022. 87 FR 
12802, 12839 (March 7, 2022).
    Ducted Condenser means a configuration of computer room air 
conditioner for which the condenser or condensing unit that 
manufacturer's installation instructions indicate is intended to 
exhaust condenser air through a duct(s).
    DOE did not receive any comments on this definition, and for the 
reasons previously explained, the Department is finalizing it as 
proposed.

D. Amended Energy Conservation Standards

    DOE is amending the energy conservation standards for CRACs by 
adopting the efficiency levels specified for CRACs in ASHRAE Standard 
90.1-2019. The standards, which are expressed in terms of NSenCOP, are 
shown in Table V-1 and Table V-2 of this document. These standards 
apply to all CRACs listed in Table V-1 and Table V-2 of this document 
manufactured in, or imported into, the United States starting on the 
compliance date as discussed in the following paragraphs.

                                                  Table V-1--Amended Standards for Floor-Mounted CRACs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Minimum NSenCOP efficiency                               Minimum NSenCOP efficiency
                                         Net sensible cooling   --------------------------------   Net sensible cooling  -------------------------------
            Equipment type                   capacity \16\                                               capacity           Upflow non-     Horizontal
                                                                    Downflow      Upflow ducted                               ducted           flow
--------------------------------------------------------------------------------------------------------------------------------------------------------
Air-Cooled...........................  <80,000 Btu/h...........            2.70            2.67  <65,000 Btu/h..........            2.16            2.65
                                       >=80,000 Btu/h and                  2.58            2.55  >=65,000 Btu/h and                 2.04            2.55
                                        <295,000 Btu/h.                                           <240,000 Btu/h.
                                       >=295,000 Btu/h and                 2.36            2.33  >=240,000 Btu/h and                1.89            2.47
                                        <930,000 Btu/h.                                           <760,000 Btu/h.
Air-Cooled with Fluid Economizer.....  <80,000 Btu/h...........            2.70            2.67  <65,000 Btu/h..........            2.09            2.65

[[Page 36419]]

 
                                       >=80,000 Btu/h and                  2.58            2.55  >=65,000 Btu/h and                 1.99            2.55
                                        <295,000 Btu/h.                                           <240,000 Btu/h.
                                       >=295,000 Btu/h and                 2.36            2.33  >=240,000 Btu/h and                1.81            2.47
                                        <930,000 Btu/h.                                           <760,000 Btu/h.
Water-Cooled.........................  <80,000 Btu/h...........            2.82            2.79  <65,000 Btu/h..........            2.43            2.79
                                       >=80,000 Btu/h and                  2.73            2.70  >=65,000 Btu/h and                 2.32            2.68
                                        <295,000 Btu/h.                                           <240,000 Btu/h.
                                       >=295,000 Btu/h and                 2.67            2.64  >=240,000 Btu/h and                2.20            2.60
                                        <930,000 Btu/h.                                           <760,000 Btu/h.
Water-Cooled with Fluid Economizer...  <80,000 Btu/h...........            2.77            2.74  <65,000 Btu/h..........            2.35            2.71
                                       >=80,000 Btu/h and                  2.68            2.65  >=65,000 Btu/h and                 2.24            2.60
                                        <295,000 Btu/h.                                           <240,000 Btu/h.
                                       >=295,000 Btu/h and                 2.61            2.58  >=240,000 Btu/h and                2.12            2.54
                                        <930,000 Btu/h.                                           <760,000 Btu/h.
Glycol-Cooled........................  <80,000 Btu/h...........            2.56            2.53  <65,000 Btu/h..........            2.08            2.48
                                       >=80,000 Btu/h and                  2.24            2.21  >=65,000 Btu/h and                 1.90            2.18
                                        <295,000 Btu/h.                                           <240,000 Btu/h.
                                       >=295,000 Btu/h and                 2.21            2.18  >=240,000 Btu/h and                1.81            2.18
                                        <930,000 Btu/h.                                           <760,000 Btu/h.
Glycol-Cooled with Fluid Economizer..  <80,000 Btu/h...........            2.51            2.48  <65,000 Btu/h..........            2.00            2.44
                                       >=80,000 Btu/h and                  2.19            2.16  >=65,000 Btu/h and                 1.82            2.10
                                        <295,000 Btu/h.                                           <240,000 Btu/h.
                                       >=295,000 Btu/h and                 2.15            2.12  >=240,000 Btu/h and                1.73            2.10
                                        <930,000 Btu/h.                                           <760,000 Btu/h.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    \16\ DOE has used 930,000 Btu/h as the adjusted upper capacity 
limit for downflow and upflow ducted CRACs in its analysis (see 
section III.C of this document). The 930,000 Btu/h upper capacity 
limit (as measured per AHRI 1360-2022) used in the crosswalk 
analysis is equivalent to the 760,000 Btu/h upper capacity limit (as 
measured per ANSI/ASHRAE 127-2007) established in the current DOE 
standards.

                             Table V-2--Amended Standards for Ceiling-Mounted CRACs
----------------------------------------------------------------------------------------------------------------
                                                                                    Minimum NSenCOP efficiency
               Equipment type                   Net sensible cooling capacity    -------------------------------
                                                                                      Ducted        Non-ducted
----------------------------------------------------------------------------------------------------------------
Air-Cooled with Free Air Discharge           <29,000 Btu/h......................            2.05            2.08
 Condenser.
                                             >=29,000 Btu/h and <65,000 Btu/h...            2.02            2.05
                                             >=65,000 Btu/h and <760,000 Btu/h..            1.92            1.94
Air-Cooled with Free Air Discharge           <29,000 Btu/h......................            2.01            2.04
 Condenser and Fluid Economizer.
                                             >=29,000 Btu/h and <65,000 Btu/h...            1.97            2.00
                                             >=65,000 Btu/h and <760,000 Btu/h..            1.87            1.89
Air-Cooled with Ducted Condenser...........  <29,000 Btu/h......................            1.86            1.89
                                             >=29,000 Btu/h and <65,000 Btu/h...            1.83            1.86
                                             >=65,000 Btu/h and <760,000 Btu/h..            1.73            1.75
Air-Cooled with Fluid Economizer and Ducted  <29,000 Btu/h......................            1.82            1.85
 Condenser.
                                             >=29,000 Btu/h and <65,000 Btu/h...            1.78            1.81
                                             >=65,000 Btu/h and <760,000 Btu/h..            1.68            1.70
Water-Cooled...............................  <29,000 Btu/h......................            2.38            2.41
                                             >=29,000 Btu/h and <65,000 Btu/h...            2.28            2.31
                                             >=65,000 Btu/h and <760,000 Btu/h..            2.18            2.20
Water-Cooled with Fluid Economizer.........  <29,000 Btu/h......................            2.33            2.36
                                             >=29,000 Btu/h and <65,000 Btu/h...            2.23            2.26
                                             >=65,000 Btu/h and <760,000 Btu/h..            2.13            2.16
Glycol-Cooled..............................  <29,000 Btu/h......................            1.97            2.00
                                             >=29,000 Btu/h and <65,000 Btu/h...            1.93            1.98
                                             >=65,000 Btu/h and <760,000 Btu/h..            1.78            1.81
Glycol-Cooled with Fluid Economizer........  <29,000 Btu/h......................            1.92            1.95
                                             >=29,000 Btu/h and <65,000 Btu/h...            1.88            1.93
                                             >=65,000 Btu/h and <760,000 Btu/h..            1.73            1.76
----------------------------------------------------------------------------------------------------------------


[[Page 36420]]

    As noted, in instances in which DOE is amending an energy 
conservation standard for CRACs in response to updates to ASHRAE 
Standard 90.1, EPCA specifies certain compliance lead times based on 
equipment capacity. If DOE were to prescribe energy conservation 
standards at the efficiency levels contained in the updated ASHRAE 
Standard 90.1, EPCA states that any such standard shall become 
effective 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)) In the present case, were DOE to adopt 
amended standards for ``small'' CRACs (i.e., CRACs with a capacity of 
less than 65,000 Btu/h) at the levels specified in ASHRAE Standard 
90.1, EPCA provides that the compliance date must be on or after a date 
which is two years after the effective date of the level specified in 
the updated ASHRAE Standard 90.1 (i.e., October 23, 2021). Were DOE to 
adopt amended standards for ``large'' and ``very large'' CRACs (i.e., 
CRACs with a capacity equal to or greater than 65,000 Btu/h) at the 
levels specified in ASHRAE Standard 90.1, EPCA provides that the 
compliance date must be on or after a date which is three years after 
the effective date of the level specified in the updated ASHRAE 
Standard 90.1 (i.e., October 23, 2022).
    If DOE were to prescribe standards more stringent than the 
efficiency levels contained in ASHRAE Standard 90.1-2019, EPCA dictates 
that any such standard will become effective for equipment manufactured 
on or after a date which is four years after the date of publication of 
a final rule in the Federal Register. (42 U.S.C. 6313(a)(6)(D)) For 
equipment classes for which DOE is acting under its 6-year-lookback 
authority, if DOE were to adopt more-stringent standards, EPCA states 
that any such standard shall apply to equipment manufactured after a 
date that is the latter of the date three years after publication of 
the final rule establishing such standard or six years after the 
effective date for the current standard. (42 U.S.C. 6313(a)(6)(C)(iv))
    Moreover, the amended energy conservation standards are based on a 
new metric (i.e., NSenCOP), and DOE has amended the test procedure to 
rely on NSenCOP in the March 2023 TP final rule. See EERE-2021-BT-TP-
0017. As adopted in the March 2023TP final rule, the compliance date of 
the amended test procedure for CRACs using the NSenCOP metric will be 
the compliance date of amended standards in terms of NSenCOP.
    In the March 2022 ECS NOPR, DOE considered these various applicable 
lead times relevant under EPCA to standards (i.e., October 23, 2021, 
for ``small'' CRACs and October 23, 2022, for ``large'' and ``very 
large'' CRACs) and the 360-day lead time relevant to a test procedure 
update addressing NSenCOP. 87 FR 12802, 12843 (March 7, 2022). In order 
to align the compliance dates across equipment classes and account for 
an updated test procedure, should one be finalized, DOE proposed that 
the compliance date for amended standards for all CRAC equipment 
classes would be 360 days after the publication date of the final rule 
adopting amended energy conservation standards. Id.
    The CA IOUs supported DOE's proposal to align compliance dates 
across equipment classes and noted that this approach will reduce the 
compliance burden for manufacturers and streamline future rulemakings 
for this equipment for all stakeholders. (CA IOUs, No. 13 at p. 2)
    AHRI agreed with DOE's assessment that proposed standards, if 
adopted, would apply to all CRACs listed in Table I-1 and Table I-2 
manufactured in, or imported into, the United States on the same date. 
(AHRI, No. 12 at p. 3) However, AHRI commented that given the proposed 
expansion of the covered equipment, and the change in Federal metric 
being considered, DOE should cover all equipment classes included in 
ASHRAE Standard 90.1-2019 on one of the two compliance dates options 
presented by EPCA rather than the ``arbitrary'' 360-day compliance 
period proposed. Id.
    In response, DOE notes that both the compliance date options 
presented by EPCA (and suggested by AHRI) are dates certain tied to the 
effective date of the amended ASHRAE Standard 90.1 which have already 
passed (i.e., October 23, 2021 and October 23, 2022). Following the 
statutory scheme, an argument could be made for requiring immediate 
compliance with the amended standards, since the adopted ASHRAE 
Standard 90.1 levels were promulgated and known in late 2019. However, 
DOE nevertheless concludes that some reasonable lead time would be 
needed for all CRAC manufacturers to come into compliance with the 
amended Federal standards. Therefore, given that EPCA's specified 
timelines are no longer feasible, and that DOE has now finalized a test 
procedure adopting NSenCOP as the metric, DOE has decided to adopt a 
compliance date for the amended standards for all CRAC equipment 
classes that is 360 days after the publication date in the Federal 
Register of this final rule adopting amended energy conservation 
standards. DOE has determined that lead time of 360 days would be 
adequate for manufacturers to come into compliance with the amended 
CRAC standards.
1. Impact of Any Lessening of Competition
    EPCA directs DOE to consider the impact of any lessening of 
competition, as determined in writing by the Attorney General, that is 
likely to result from a standard. (See 42 U.S.C. 6313(a)(6)(B)(ii)(V)) 
To assist the Department of Justice (DOJ) in making such a 
determination, DOE transmitted copies of its proposed rule to the 
Attorney General for review, with a request that the DOJ provide its 
determination on this issue. In its assessment letter responding to 
DOE, DOJ concluded that the proposed energy conservation standards for 
CRACs are unlikely to have a significant adverse impact on competition. 
DOE is publishing the Attorney General's assessment at the end of this 
final rule. DOE did not receive any public comments on this issue.

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

[[Page 36421]]

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 under the provisions of 
the Regulatory Flexibility Act and the policies and procedures 
published on February 19, 2003.
    DOE has prepared the following FRFA for the equipment that is the 
subject of this energy conservation standards rulemaking.
1. Description of Reasons Why Action Is Being Considered
    DOE is amending the existing DOE minimum efficiency standards for 
CRACs as is required under EPCA's ASHRAE trigger requirement and the 
six-year-lookback provision. DOE must update the Federal minimum 
efficiency standards to be consistent with levels published in ASHRAE 
Standard 90.1, unless DOE determines, 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)) DOE must also review and determine whether to amend 
standards of each class of covered equipment in ASHRAE Standard 90.1 
every six years. (42 U.S.C. 6313(a)(6)(C)(i))
2. Objectives of, and Legal Basis for, Rule
    EPCA directs that if ASHRAE amends ASHRAE Standard 90.1, DOE must 
adopt amended standards at the new ASHRAE efficiency level, unless DOE 
determines, 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 a separate 
provision of EPCA, DOE must also review energy efficiency standards for 
CRACs 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). 
(42 U.S.C. 6313(a)(6)(C))
3. Description on Estimated Number of Small Entities Regulated
    For manufacturers of CRACs, the Small Business Administration (SBA) 
has set a size threshold, which defines those entities classified as 
``small businesses'' for the purposes of the statute. DOE used the 
SBA's small business size standards to determine whether any small 
entities would be subject to the requirements of the rule. (See 13 CFR 
part 121.) The size standards are listed by North American Industry 
Classification System (NAICS) code and industry description and are 
available at: www.sba.gov/document/support--table-size-standards. 
Manufacturing of CRACs is classified under NAICS 333415, ``Air-
Conditioning and Warm Air Heating Equipment and Commercial and 
Industrial Refrigeration Equipment Manufacturing.'' In 13 CFR 121.201, 
the SBA sets a threshold of 1,250 employees or fewer for an entity to 
be considered as a small business for this category.
    DOE used publicly-available information to identify potential small 
businesses that manufacture equipment covered this this final rule. DOE 
identified ten manufacturers of equipment covered by this final rule. 
Of the ten, nine manufacturers are original equipment manufacturers 
(OEM). DOE screened out companies that do not meet the definition of a 
``small business'' or are foreign-owned and operated. DOE used 
subscription-based business information tools to determine head count 
and revenue of the small businesses. Of these nine OEMs, DOE identified 
three companies that are small, domestic OEMs.
    In the March 2022 ECS NOPR, DOE requested comment on the number of 
small manufacturers producing covered CRACs, DOE's understanding of the 
current market, and DOE's assessment of the efficiency of the equipment 
offered by the identified small manufacturers. 87 FR 12802, 12844 
(March 7, 2022).
    AHRI commented that it represents the following single package 
vertical units (SPVU) companies that likely meet the criteria of small 
businesses that could be disproportionally impacted by amended energy 
conservation standards: Bard Manufacturing Company, Marvair, Systemair, 
Temspec, and United CoolAir. (AHRI, No. 12 at p. 5) AHRI commented that 
it was not aware of any traditional CRAC manufacturers that would be 
considered by DOE as a small business, but that if DOE adopts AHRI 
1360-202X Draft, SPVU and RTU \17\ manufacturers would be impacted. Id.
---------------------------------------------------------------------------

    \17\ DOE understand RTU to mean ``roof-top units'' and a 
reference to roof-mounted CRACs.
---------------------------------------------------------------------------

    In response, DOE notes that the manufacturers highlighted by AHRI 
do not manufacture floor-mounted or ceiling-mounted CRACs, which are 
the equipment for which DOE is adopting amended standards in this 
rulemaking. While these manufacturers primarily manufacture SPVUs, 
which are not the subject of this rulemaking, DOE's review found that 
two of these manufacturers also offer products that meet the definition 
of wall-mounted CRAC. One of the two manufacturers qualifies as a small 
business under the applicable NAICS code (NAICS code 333415). However, 
DOE notes that there are currently no energy conservation standards for 
wall-mounted CRACs, and DOE is not adopting standards for wall-mounted 
or roof-mounted CRACs in this final rule. Therefore, there is no 
associated impact to these

[[Page 36422]]

manufacturers from this rulemaking. Consequently, DOE has retained its 
count of small manufacturers from the March 2022 ECS NOPR.
4. Description and Estimate of Compliance Requirements Including 
Differences in Cost, if Any, for Different Groups of Small Entities
    As noted in the section 2 of the Review under the Regulatory 
Flexibility Act, DOE must adopt amended standards at the new ASHRAE 
efficiency level unless DOE determines, supported by clear and 
convincing evidence, that adoption of a more-stringent standard would 
produce significant additional conservation of energy and would be 
technologically feasible and economically justified. (42 U.S.C. 
6313(a)(6)(A)(ii)) Because DOE had made no such determination, this 
final rule adopts amended standards at the new ASHRAE efficiency level 
rather than impose more-stringent standards. This is required by EPCA, 
but is also less burdensome for small manufacturers than a more-
stringent standard.
    In reviewing all commercially-available models in DOE's Compliance 
Certification Database, the three small manufacturers account for 13 
percent of industry model offerings. For each of the three small 
manufacturers, approximately 90 percent of current models would meet 
the adopted levels. The small manufacturers will need to either 
discontinue or redesign non-compliant models. DOE recognizes that small 
manufacturers may need to spread redesign costs over lower shipment 
volumes than the industry-at-large. However, adoption of standards at 
least as stringent as the ASHRAE levels is required under EPCA; 
furthermore, adopting standards above ASHRAE levels (DOE's only other 
option under 42 U.S.C. 6313(a)(6)(A)(ii)) would lead to an even greater 
portion of models requiring redesign.
5. Duplication, Overlap, and Conflict With Other Rules and Regulations
    DOE is not aware of any rules or regulations that duplicate, 
overlap, or conflict with this rule.
6. Significant Alternatives to the Rule
    As EPCA requires DOE to either adopt the ASHRAE Standard 90.1 
levels or to adopt higher standards, DOE lacks discretion to mitigate 
impacts to small businesses from the ASHRAE Standard 90.1 levels. In 
this rulemaking, DOE is adopting the ASHRAE Standard 90.1-2019 levels.
    Additional compliance flexibilities may be available through other 
means. Section 504 of the Department of Energy Organization Act, 42 
U.S.C. 7194, provides authority for the Secretary to adjust a rule 
issued under EPCA in order to prevent ``special hardship, inequity, or 
unfair distribution of burdens'' that may be imposed on that 
manufacturer as a result of such rule. Manufacturers should refer to 10 
CFR part 1003 for additional detail.

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of CRACs 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 CRACs, 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 
CRACs. (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.
    DOE is not amending the certification or reporting requirements for 
CRACs in this final rule. Instead, DOE may consider proposals to amend 
the certification requirements and reporting for CRACs under a separate 
rulemaking regarding appliance and equipment certification. DOE will 
address changes to OMB Control Number 1910-1400 at that time, as 
necessary.
    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 are the subject of this final rule. States can petition 
DOE for exemption from such preemption to the extent, and based on 
criteria, set forth in EPCA. (42 U.S.C. 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.

[[Page 36423]]

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 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 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 and new energy conservation standards for CRACs, 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,''

[[Page 36424]]

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 rulemaking 
analyses.\18\ 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.\19\
---------------------------------------------------------------------------

    \18\ 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 Nov. 8, 2022).
    \19\ The December 2021 NAS report is available at 
www.nationalacademies.org/our-work/review-of-methods-for-setting-building-and-equipment-performance-standards.
---------------------------------------------------------------------------

    The following standards were previously approved for incorporation 
by reference into the provisions where they appear in this rulemaking 
and no change to the standards are being made: AHRI 210/240-2008, AHRI 
340/360-2007, and ISO Standard 13256-1.

M. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this 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, 
Incorporation by reference, Intergovernmental relations, Laboratories, 
Reporting and recordkeeping requirements, Small businesses.

Signing Authority

    This document of the Department of Energy was signed on March 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 May 17, 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 EFFICIENCY 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. Amend Sec.  431.92 by adding in alphabetical order a definition for 
``Ducted Condenser'' to read as follows:


Sec.  431.92   Definitions concerning commercial air conditioners and 
heat pumps.

* * * * *
    Ducted Condenser means a configuration of computer room air 
conditioner for which the condenser or condensing unit that 
manufacturer's installation instructions indicate is intended to 
exhaust condenser air through a duct(s).
* * * * *

0
3. Amend Sec.  431.96 by revising table 1 to paragraph (b) to read as 
follows:


Sec.  431.96  Uniform test method for the measurement of energy 
efficiency of commercial air conditioners and heat pumps.

* * * * *
    (b) * * *

                                Table 1 to Paragraph (b)--Test Procedures for Commercial Air Conditioners and Heat Pumps
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                      Additional test
                                                               Cooling capacity or                                Use tests,        procedure provisions
           Equipment type                   Category            moisture removal       Energy efficiency       conditions, and      as indicated in the
                                                                  capacity \2\             descriptor         procedures \1\ in     listed paragraphs of
                                                                                                                                        this section
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small Commercial Package Air-        Air-Cooled, 3-Phase,    <65,000 Btu/h.........  SEER and HSPF........  Appendix F to this     None.
 Conditioning and Heating Equipment.  AC and HP.                                                             subpart \3\.
                                                                                     SEER2 and HSPF2......  Appendix F1 to this    None.
                                                                                                             subpart \3\.
                                     Air-Cooled AC and HP..  >=65,000 Btu/h and      EER, IEER, and COP...  Appendix A of this     None.
                                                              <135,000 Btu/h.                                subpart.
                                     Water-Cooled and        <65,000 Btu/h.........  EER..................  AHRI 210/240-2008      Paragraphs (c) and
                                      Evaporatively-Cooled                                                   (omit section 6.5).    (e).
                                      AC.

[[Page 36425]]

 
                                                             >=65,000 Btu/h and      EER..................  AHRI 340/360-2007      Paragraphs (c) and
                                                              <135,000 Btu/h.                                (omit section 6.3).    (e).
                                     Water-Source HP.......  <135,000 Btu/h........  EER and COP..........  ISO Standard 13256-1.  Paragraph (e).
Large Commercial Package Air-        Air-Cooled AC and HP..  >=135,000 Btu/h and     EER, IEER and COP....  Appendix A to this     None.
 Conditioning and Heating Equipment.                          <240,000 Btu/h.                                subpart.
                                     Water-Cooled and        >=135,000 Btu/h and     EER..................  AHRI 340/360-2007      Paragraphs (c) and
                                      Evaporatively-Cooled    <240,000 Btu/h.                                (omit section 6.3).    (e).
                                      AC.
Very Large Commercial Package Air-   Air-Cooled AC and HP..  >=240,000 Btu/h and     EER, IEER and COP....  Appendix A to this     None.
 Conditioning and Heating Equipment.                          <760,000 Btu/h.                                subpart.
                                     Water-Cooled and        >=240,000 Btu/h and     EER..................  AHRI 340/360-2007      Paragraphs (c) and
                                      Evaporatively-Cooled    <760,000 Btu/h.                                (omit section 6.3).    (e).
                                      AC.
Packaged Terminal Air Conditioners   AC and HP.............  <760,000 Btu/h........  EER and COP..........  Paragraph (g) of this  Paragraphs (c), (e),
 and Heat Pumps.                                                                                             section.               and (g).
Computer Room Air Conditioners.....  AC....................  <760,000 Btu/h........  SCOP.................  Appendix E to this     None.
                                                                                                             subpart \3\.
                                                             <760,000 Btu/h or       NSenCOP..............  Appendix E1 to this    None.
                                                              <930,000 Btu/h \4\.                            subpart \3\.
Variable Refrigerant Flow Multi-     AC....................  <65,000 Btu/h (3-       SEER.................  Appendix F to this     None.
 split Systems.                                               phase).                                        subpart \3\.
                                                                                     SEER2................  Appendix F1 to this    None.
                                                                                                             subpart \3\.
Variable Refrigerant Flow Multi-     HP....................  <65,000 Btu/h (3-       SEER and HSPF........  Appendix F to this     None.
 split Systems, Air-cooled.                                   phase).                                        subpart \3\.
                                                                                     SEER2 and HSPF2......  Appendix F1 to this    None.
                                                                                                             subpart \3\.
Variable Refrigerant Flow Multi-     AC and HP.............  >=65,000 Btu/h and      EER and COP..........  Appendix D of this     None.
 split Systems, Air-cooled.                                   <760,000 Btu/h.                                subpart \3\.
                                                             >=65,000 Btu/h and      IEER and COP.........  Appendix D1 of this    None.
                                                              <760,000 Btu/h.                                subpart \3\.
Variable Refrigerant Flow Multi-     HP....................  <760,000 Btu/h........  EER and COP..........  Appendix D of this     None.
 split Systems, Water-source.                                                                                subpart \3\.
                                                             <760,000 Btu/h........  IEER and COP.........  Appendix D1 of this    None.
                                                                                                             subpart \3\.
Single Package Vertical Air          AC and HP.............  <760,000 Btu/h........  EER and COP..........  Appendix G to this     None.
 Conditioners and Single Package                                                                             subpart \3\.
 Vertical Heat Pumps.
                                                                                     EER, IEER, and COP...  Appendix G1 to this    None.
                                                                                                             subpart \3\.
Direct Expansion-Dedicated Outdoor   All...................  <324 lbs. of moisture   ISMRE2 and ISCOP2....  Appendix B of this     None.
 Air Systems.                                                 removal/hr.                                    subpart.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Incorporated by reference; see Sec.   431.95.
\2\ Moisture removal capacity applies only to direct expansion-dedicated outdoor air systems.
\3\ For equipment with multiple appendices listed in this table, consult the notes at the beginning of those appendices to determine the applicable
  appendix to use for testing.
\4\ For upflow ducted and downflow floor-mounted computer room air conditioners, the test procedure in appendix E1 of this subpart applies to equipment
  with net sensible cooling capacity less than 930,000 Btu/h. For all other configurations of computer room air conditioners, the test procedure in
  appendix E1 applies to equipment with net sensible cooling capacity less than 760,000 Btu/h.

* * * * *

0
4. Section 431.97 is amended by:
0
a. Removing the words ``Tables 1 through 6 of this section'' and adding 
in their place the words ``tables 1 through 6 to this paragraph (b)'' 
in paragraph (b) introductory text;
0
b. Revising the headings to tables 5 and 6 in paragraph (b);
0
c. Removing the words ``Table 7 of this section'' and adding in their 
place the words ``tables 7 to this paragraph (c)'' and removing the 
words ``Table 8 of this section'' and adding in their place the words 
``table 8 to this paragraph (c)'' in paragraph (c) introductory text;
0
d. Revising the headings to tables 7 and 8 in paragraph (c);
0
e. Revising the headings to tables 9, 10, and 11 in paragraphs (d)(1), 
(2), and (3), respectively;
0
f. Revising paragraph (e);
0
g. Removing the words ``table 13 this section'' and adding in their 
place the words ``table 15 to this paragraph (f)(1)'' in paragraph 
(f)(1) introductory text;
0
h. Redesignating table 13 to Sec.  431.97(f)(1) as table 15 to Sec.  
431.97(f)(1);
0
i. Removing the words ``table 14 of this section'' and adding in their 
place the words ``table 16 to this paragraph

[[Page 36426]]

(f)(2)'' in paragraph (f)(2) introductory text;
0
j. Redesignating table 14 to Paragraph (f)(2) to Sec.  431.97 as table 
16 and revising the heading;
0
k. Removing the words ``table 14 of this section'' and adding in their 
place the words ``table 17 to this paragraph (g)'' in paragraph (g) 
introductory text;
0
l. Redesignating table 15 as table 17 in paragraph (g) and revising the 
heading;
0
m. Removing the words ``tables 16 and 17 to this paragraph (h)'' and 
adding in their place the words ``tables 18 and 19 to this paragraph 
(h)'' in paragraph (h) introductory text; and
0
n. Redesignating tables 16 and 17 as tables 18 and 19 in paragraph (h).
    The revisions read as follows:


Sec.  431.97  Energy efficiency standards and their compliance dates.

* * * * *
    (b) * * *

Table 5 to Sec.  431.97(b)--Minimum Cooling Efficiency Standards for 
Double-Duct Air-Conditioning and Heating Equipment

* * * * *

Table 6 to Sec.  431.97(b)--Minimum Heating Efficiency Standards for 
Double-Duct Air-Cooled Air Conditioning and Heating Equipment

* * * * *
    (c) * * *

Table 7 to Sec.  431.97(c)--Minimum Efficiency Standards for PTAC and 
PTHP

* * * * *

Table 8 to Sec.  431.97(c)--Updated Minimum Efficiency Standards for 
PTAC

* * * * *
    (d)(1) * * *

Table 9 to Sec.  431.97(d)(1)--Minimum Efficiency Standards for Single 
Package Vertical Air Conditioners and Single Package Vertical Heat 
Pumps

* * * * *
    (2) * * *

Table 10 to Sec.  431.97(d)(2)--Minimum Efficiency Standards for Single 
Package Vertical Air Conditioners and Single Package Vertical Heat 
Pumps

* * * * *
    (3) * * *

Table 11 to Sec.  431.97(d)(3)--Updated Minimum Efficiency Standards 
for Single Package Vertical Air Conditioners and Single Package 
Vertical Heat Pumps

* * * * *
    (e)(1) Each computer room air conditioner with a net sensible 
cooling capacity less than 65,000 Btu/h manufactured on or after 
October 29, 2012, and before May 28, 2024 and each computer room air 
conditioner with a net sensible cooling capacity greater than or equal 
to 65,000 Btu/h and less than 760,000 Btu/h manufactured on or after 
October 29, 2013, and before May 28, 2024 must meet the applicable 
minimum energy efficiency standard level(s) set forth in table 12 to 
this paragraph (e)(1).

        Table 12 to Sec.   431.97(e)(1)--Minimum Efficiency Standards for Computer Room Air Conditioners
----------------------------------------------------------------------------------------------------------------
                                                                                      Minimum SCOP efficiency
               Equipment type                   Net sensible cooling capacity    -------------------------------
                                                                                     Downflow         Upflow
----------------------------------------------------------------------------------------------------------------
Air-Cooled.................................  <65,000 Btu/h......................            2.20            2.09
                                             >=65,000 Btu/h and <240,000 Btu/h..            2.10            1.99
                                             >=240,000 Btu/h and <760,000 Btu/h.            1.90            1.79
Water-Cooled...............................  <65,000 Btu/h......................            2.60            2.49
                                             >=65,000 Btu/h and <240,000 Btu/h..            2.50            2.39
                                             >=240,000 Btu/h and <760,000 Btu/h.            2.40            2.29
Water-Cooled with Fluid Economizer.........  <65,000 Btu/h......................            2.55            2.44
                                             >=65,000 Btu/h and <240,000 Btu/h..            2.45            2.34
                                             >=240,000 Btu/h and <760,000 Btu/h.            2.35            2.24
Glycol-Cooled..............................  <65,000 Btu/h......................            2.50            2.39
                                             >=65,000 Btu/h and <240,000 Btu/h..            2.15            2.04
                                             >=240,000 Btu/h and <760,000 Btu/h.            2.10            1.99
Glycol-Cooled with Fluid Economizer........  <65,000 Btu/h......................            2.45            2.34
                                             >=65,000 Btu/h and <240,000 Btu/h..            2.10            1.99
                                             >=240,000 Btu/h and <760,000 Btu/h.            2.05            1.94
----------------------------------------------------------------------------------------------------------------

    (2) Each computer room air conditioner manufactured on or after May 
28, 2024 must meet the applicable minimum energy efficiency standard 
level(s) set forth in tables 13 and 14 to this paragraph (e)(2).

                 Table 13 to Sec.   431.97(e)(2)--Updated Minimum Efficiency Standards for Floor-Mounted Computer Room Air Conditioners
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Downflow and upflow ducted                           Upflow non-ducted and horizontal flow
                                   ---------------------------------------------------------------------------------------------------------------------
                                                                 Minimum NSenCOP efficiency                                 Minimum NSenCOP efficiency
          Equipment type               Net sensible cooling   --------------------------------    Net sensible cooling   -------------------------------
                                             capacity                                                   capacity            Upflow non-     Horizontal
                                                                  Downflow      Upflow ducted                                 ducted           flow
--------------------------------------------------------------------------------------------------------------------------------------------------------
Air-Cooled........................  <80,000 Btu/h............            2.70            2.67  <65,000 Btu/h............            2.16            2.65
                                    >=80,000 Btu/h and                   2.58            2.55  >=65,000 Btu/h and                   2.04            2.55
                                     <295,000 Btu/h.                                            <240,000 Btu/h.
                                    >=295,000 Btu/h and                  2.36            2.33  >=240,000 Btu/h and                  1.89            2.47
                                     <930,000 Btu/h.                                            <760,000 Btu/h.
Air-Cooled with Fluid Economizer..  <80,000 Btu/h............            2.70            2.67  <65,000 Btu/h............            2.09            2.65

[[Page 36427]]

 
                                    >=80,000 Btu/h and                   2.58            2.55  >=65,000 Btu/h and                   1.99            2.55
                                     <295,000 Btu/h.                                            <240,000 Btu/h.
                                    >=295,000 Btu/h and                  2.36            2.33  >=240,000 Btu/h and                  1.81            2.47
                                     <930,000 Btu/h.                                            <760,000 Btu/h.
Water-Cooled......................  <80,000 Btu/h............            2.82            2.79  <65,000 Btu/h............            2.43            2.79
                                    >=80,000 Btu/h and                   2.73            2.70  >=65,000 Btu/h and                   2.32            2.68
                                     <295,000 Btu/h.                                            <240,000 Btu/h.
                                    >=295,000 Btu/h and                  2.67            2.64  >=240,000 Btu/h and                  2.20            2.60
                                     <930,000 Btu/h.                                            <760,000 Btu/h.
Water-Cooled with Fluid Economizer  <80,000 Btu/h............            2.77            2.74  <65,000 Btu/h............            2.35            2.71
                                    >=80,000 Btu/h and                   2.68            2.65  >=65,000 Btu/h and                   2.24            2.60
                                     <295,000 Btu/h.                                            <240,000 Btu/h.
                                    >=295,000 Btu/h and                  2.61            2.58  >=240,000 Btu/h and                  2.12            2.54
                                     <930,000 Btu/h.                                            <760,000 Btu/h.
Glycol-Cooled.....................  <80,000 Btu/h............            2.56            2.53  <65,000 Btu/h............            2.08            2.48
                                    >=80,000 Btu/h and                   2.24            2.21  >=65,000 Btu/h and                   1.90            2.18
                                     <295,000 Btu/h.                                            <240,000 Btu/h.
                                    >=295,000 Btu/h and                  2.21            2.18  >=240,000 Btu/h and                  1.81            2.18
                                     <930,000 Btu/h.                                            <760,000 Btu/h.
Glycol-Cooled with Fluid            <80,000 Btu/h............            2.51            2.48  <65,000 Btu/h............            2.00            2.44
 Economizer.
                                    >=80,000 Btu/h and                   2.19            2.16  >=65,000 Btu/h and                   1.82            2.10
                                     <295,000 Btu/h.                                            <240,000 Btu/h.
                                    >=295,000 Btu/h and                  2.15            2.12  >=240,000 Btu/h and                  1.73            2.10
                                     <930,000 Btu/h.                                            <760,000 Btu/h.
--------------------------------------------------------------------------------------------------------------------------------------------------------


Table 14 to Sec.   431.97(e)(2)--Minimum Efficiency Standards for Ceiling-Mounted Computer Room Air Conditioners
----------------------------------------------------------------------------------------------------------------
                                                                                    Minimum NSenCOP efficiency
               Equipment type                   Net sensible cooling capacity    -------------------------------
                                                                                      Ducted        Non-ducted
----------------------------------------------------------------------------------------------------------------
Air-Cooled with Free Air Discharge           <29,000 Btu/h......................            2.05            2.08
 Condenser.
                                             >=29,000 Btu/h and <65,000 Btu/h...            2.02            2.05
                                             >=65,000 Btu/h and <760,000 Btu/h..            1.92            1.94
Air-Cooled with Free Air Discharge           <29,000 Btu/h......................            2.01            2.04
 Condenser and Fluid Economizer.
                                             >=29,000 Btu/h and <65,000 Btu/h...            1.97               2
                                             >=65,000 Btu/h and <760,000 Btu/h..            1.87            1.89
Air-Cooled with Ducted Condenser...........  <29,000 Btu/h......................            1.86            1.89
                                             >=29,000 Btu/h and <65,000 Btu/h...            1.83            1.86
                                             >=65,000 Btu/h and <760,000 Btu/h..            1.73            1.75
Air-Cooled with Fluid Economizer and Ducted  <29,000 Btu/h......................            1.82            1.85
 Condenser.
                                             >=29,000 Btu/h and <65,000 Btu/h...            1.78            1.81
                                             >=65,000 Btu/h and <760,000 Btu/h..            1.68             1.7
Water-Cooled...............................  <29,000 Btu/h......................            2.38            2.41
                                             >=29,000 Btu/h and <65,000 Btu/h...            2.28            2.31
                                             >=65,000 Btu/h and <760,000 Btu/h..            2.18             2.2
Water-Cooled with Fluid Economizer.........  <29,000 Btu/h......................            2.33            2.36
                                             >=29,000 Btu/h and <65,000 Btu/h...            2.23            2.26
                                             >=65,000 Btu/h and <760,000 Btu/h..            2.13            2.16
Glycol-Cooled..............................  <29,000 Btu/h......................            1.97               2
                                             >=29,000 Btu/h and <65,000 Btu/h...            1.93            1.98
                                             >=65,000 Btu/h and <760,000 Btu/h..            1.78            1.81
Glycol-Cooled with Fluid Economizer........  <29,000 Btu/h......................            1.92            1.95
                                             >=29,000 Btu/h and <65,000 Btu/h...            1.88            1.93
                                             >=65,000 Btu/h and <760,000 Btu/h..            1.73            1.76
----------------------------------------------------------------------------------------------------------------


[[Page 36428]]

    (f) * * *
    (2) * * *

Table 16 to Sec.  497.31(f)(2)--Updated Minimum Efficiency Standards 
for Variable Refrigerant Flow Multi-Split Air Conditioners and Heat 
Pumps

* * * * *
    (g) * * *

Table 17 to Sec.  497.31(g)--Minimum Efficiency Standards for Direct 
Expansion-Dedicated Outdoor Air Systems

* * * * *

    Note:  The following letter will not appear in the Code of 
Federal Regulations.

U.S. Department of Justice, Antitrust Division, Jonathan S. Kanter, 
Assistant Attorney General, Main Justice Building, 950 Pennsylvania 
Avenue NW, Washington, DC 20530-0001, (202) 514-2401/(202) 616-2645 
(Fax).

May 6, 2022

Ami Grace-Tardy, Assistant General Counsel for Litigation, Regulation 
and Energy Efficiency, U.S. Department of Energy, Washington, DC 20585.

    Re: Amended standards for computer room air conditioners (CRACs).

DOE Docket No. EERE-2018-BT-STD-0008

    Dear Assistant General Counsel Grace-Tardy: I am responding to your 
March 7, 2022, letter seeking the views of the Attorney General about 
the potential impact on competition of the DOE's proposed amended 
standards for computer room air conditioners (CRACs).
    The Attorney General must determine the impact, if any, of any 
lessening of competition likely to result from a proposed standard. (42 
U.S.C. 6295(o)(2)(B)(i)(V); 42 U.S.C. 313(a)(6)(B)(ii)(V); 42 U.S.C. 
6316(a)). The Attorney General's responsibility for responding to 
requests from other departments about the effect of a program on 
competition has been delegated to the Assistant Attorney General for 
the Antitrust Division in 28 CFR 0.40(g).
    In conducting its analysis, the Antitrust Division examines whether 
a proposed standard may lessen competition, for example, by 
substantially limiting consumer choice or increasing industry 
concentration. A lessening of competition could result in higher prices 
to manufacturers and consumers.
    We have reviewed the proposed standards contained in the Notice of 
Proposed Rulemaking (87 FR 12,802, Mar. 7, 2022). We have also reviewed 
information presented at the public meeting held via webinar on 
Wednesday, April 13, 2022.
    While industry participants may still be evaluating the impact of 
the new standards, the Division has not identified any issues to date 
that suggest the standards are likely to lessen competition.
Sincerely,
Jonathan S. Kanter

[FR Doc. 2023-10859 Filed 6-1-23; 8:45 am]
BILLING CODE 6450-01-P