[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Proposed Rules]
[Pages 67458-67511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19146]
[[Page 67457]]
Vol. 88
Friday,
No. 188
September 29, 2023
Part II
Department of Energy
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10 CFR Parts 429 and 431
Energy Conservation Program for Appliance Standards: Certification
Requirements, Labeling Requirements, and Enforcement Provisions for
Certain Consumer Products and Commercial Equipment; Proposed Rule
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 /
Proposed Rules
[[Page 67458]]
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DEPARTMENT OF ENERGY
10 CFR Parts 429 and 431
[EERE-2023-BT-CE-0001]
RIN 1904-AF48
Energy Conservation Program for Appliance Standards:
Certification Requirements, Labeling Requirements, and Enforcement
Provisions for Certain Consumer Products and Commercial Equipment
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking and announcement of public
meeting.
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SUMMARY: The U.S. Department of Energy (``DOE'') proposes to establish
and amend the certification provisions, labeling requirements, and
enforcement provisions for specific types of consumer products and
commercial and industrial equipment, as described in sections II and
III of this proposed rule. DOE is proposing to establish and make
amendments to the certification requirements, labeling requirements,
and enforcement provisions for these products and equipment to ensure
reporting that is consistent with currently applicable energy
conservation standards and test procedures and to ensure DOE has the
information necessary to determine the appropriate classification of
products for the application of standards. DOE seeks comment from
interested parties on all aspects of this proposal.
DATES: DOE will accept comments, data, and information regarding this
proposal no later than November 28, 2023. See section V, ``Public
Participation,'' for details. DOE will hold a public meeting via
webinar on Thursday, October 26, 2023, from 1:00 p.m. to 4:00 p.m. See
section V, ``Public Participation,'' for webinar registration
information, participant instructions, and information about the
capabilities available to webinar participants.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at www.regulations.gov under docket
number EERE-2023-BT-CE-0001. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments,
identified by docket number EERE-2023-BT-CE-0001, by any of the
following methods:
Email: [email protected]. Include the docket
number EERE-2023-BT-CE-0001 in the subject line of the message.
Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445. If possible, please submit all items on a compact disc
(``CD''), in which case it is not necessary to include printed copies.
Hand Delivery/Courier: Appliance and Equipment Standards Program,
U.S. Department of Energy, Building Technologies Office, 1000
Independence Ave. SW, Washington, DC 20585. Telephone: (202) 287-1445.
If possible, please submit all items on a CD, in which case it is not
necessary to include printed copies.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section V of this document.
Docket: The docket for this activity, which includes Federal
Register notices, public meeting attendee lists and transcripts (if a
public meeting is held), 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-2023-BT-CE-0001. The docket web page contains instructions on how
to access all documents, including public comments, in the docket. See
section V for information on how to submit comments through
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Lucas Adin, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-2J, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 287-5904. Email:
[email protected].
Ms. Amelia Whiting, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-2588. Email:
[email protected].
For further information on how to submit a comment, review other
public comments and the docket, or participate in a public meeting (if
one is held), contact the Appliance and Equipment Standards Program
staff at (202) 287-1445 or by email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
A. Central Air Conditioners and Heat Pumps
1. Reporting
2. Reporting Costs and Impacts
B. Dishwashers
1. Reporting
2. Reporting Costs and Impacts
C. Residential Clothes Washers
1. Reporting
2. Reporting Costs and Impacts
D. Pool Heaters
1. Reporting
2. Reporting Costs and Impacts
E. Dehumidifiers
1. Reporting
2. Reporting Costs and Impacts
F. External Power Supplies
1. Reporting
2. Reporting Costs and Impacts
G. Battery Chargers
1. Reporting
2. Reporting Costs and Impacts
H. Computer Room Air Conditioners
1. Reporting
2. Reporting Costs and Impacts
I. Direct Expansion-Dedicated Outdoor Air Systems
1. Reporting
2. Reporting Costs and Impacts
J. Air Cooled, Three-Phase, Small Commercial Air Conditioners
and Heat Pumps With a Cooling Capacity of Less Than 65,000 Btu/h and
Air-Cooled, Three-Phase, Variable Refrigerant Flow Air Conditioners
and Heat Pumps With a Cooling Capacity of Less Than 65,000 Btu/h
1. Reporting
2. Reporting Costs and Impacts
K. Commercial Water Heating Equipment
1. Reporting
2. Reporting Costs and Impacts
L. Automatic Commercial Ice Makers
1. Reporting
2. Reporting Costs and Impacts
M. Walk-In Coolers and Freezers
1. Reporting
2. Reporting Costs and Impacts
3. Labeling
4. Labeling Costs and Impact
N. Commercial and Industrial Pumps
1. Reporting
2. Reporting Costs and Impacts
O. Portable Air Conditioners
1. Reporting
2. Reporting Costs and Impacts
P. Compressors
1. Reporting
2. Reporting Costs and Impacts
Q. Dedicated-Purpose Pool Pump Motors
1. Reporting
[[Page 67459]]
2. Reporting Costs and Impacts
R. Air Cleaners
1. Reporting
2. Reporting Costs and Impacts
S. Single Package Vertical Units
1. Reporting
2. Reporting Costs and Impacts
T. Ceiling Fan Light Kits
1. Reporting
2. Reporting Costs and Impacts
U. Additional Corrections
V. Draft Certification Templates for Review
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866, 13563, and 14094
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
1. Description of the Requirements
2. Method of Collection
3. Data
4. Conclusion
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Description of Materials Incorporated by Reference
V. Public Participation
A. Participation in the Webinar
B. Procedure for Submitting Prepared General Statements for
Distribution
C. Conduct of the Webinar
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Authority and Background
A. Authority
The Energy Policy and Conservation Act, Public Law 94-163, as
amended (``EPCA''),\1\ authorizes DOE to regulate the energy efficiency
of a number of consumer products and certain industrial equipment. (42
U.S.C. 6291-6317) Title III, Part B of EPCA \2\ established the Energy
Conservation Program for Consumer Products Other Than Automobiles,
which sets forth a variety of provisions designed to improve energy
efficiency, while Title III, Part C of EPCA,\3\ added by Public Law 95-
619, Title IV, section 441(a), established the Energy Conservation
Program for Certain Industrial Equipment, which sets forth a variety of
provisions designed to improve energy efficiency. These products and
equipment include central air conditioners and heat pumps (``CAC/
HPs''), dishwashers (``DWs''), residential clothes washers (``RCWs''),
pool heaters, dehumidifiers, external power supplies (``EPSs''),
battery chargers, computer room air conditioners (``CRACs''), direct-
expansion dedicated outdoor air systems (``DX-DOASes''), air cooled,
three-phase, small commercial air conditioners and heat pumps with a
cooling capacity of less than 65,000 Btu/h and air-cooled, three-phase
(``three-phase, less than 65,000 Btu/h ACUACs and ACUHPs''), variable
refrigerant flow air conditioners and heat pumps with a cooling
capacity of less than 65,000 Btu/h (``three-phase, less than 65,000
Btu/h VRF''), commercial water heating equipment (``CWHs''), automatic
commercial ice makers (``ACIMs''), walk-in coolers and walk-in freezers
(``walk-ins''), commercial and industrial pumps, portable air
conditioners (``portable ACs''), compressors, dedicated-purpose pool
pump motors (``DPPPMs''), air cleaners, single package vertical units
(``SPVUs''), and ceiling fan light kits (``CFLKs''), all of which are
subjects of this document. (42 U.S.C. 6292(a)(3), (6-7), (11), and
(20); 42 U.S.C. 6295(u), (cc), and (ff); 42 U.S.C. 6311(1)(A-D), (F-G),
(K), and (2)(B)(i)).
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\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
\3\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated Part A-1.
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The energy conservation program under EPCA consists essentially of
four parts: (1) testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA specifically include definitions (42 U.S.C. 6291; 42
U.S.C. 6311), test procedures (42 U.S.C. 6293; 42 U.S.C. 6314),
labeling provisions (42 U.S.C. 6294; 42 U.S.C. 6315), energy
conservation standards (42 U.S.C. 6295; 42 U.S.C. 6313), and the
authority to require information and reports from manufacturers (42
U.S.C. 6316; 42 U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered products and equipment must use as the basis
for: (1) certifying to DOE that their products or equipment comply with
the applicable energy conservation standards adopted pursuant to EPCA
(42 U.S.C. 6295(s); 42 U.S.C. 6316(a); 42 U.S.C. 6316(b); 42 U.S.C.
6296), and (2) making other representations about the efficiency of
those consumer products or industrial equipment (42 U.S.C. 6293(c); 42
U.S.C. 6314(d)). Similarly, DOE must use these test procedures to
determine whether the products or equipment comply with relevant
standards promulgated under EPCA. (42 U.S.C. 6295(s); 42 U.S.C.
6316(a); 42 U.S.C. 6316(b); 42 U.S.C. 6296).
EPCA authorizes DOE to enforce compliance with the energy and water
conservation standards established for covered products and equipment.
(42 U.S.C. 6299-6305; 42 U.S.C. 6316(a)-(b)) DOE has promulgated
certification and/or enforcement regulations that include reporting
requirements for covered products and equipment including CAC/HPs, DWs,
RCWs, pool heaters, dehumidifiers, EPSs, battery chargers, CRACs,
three-phase, less than 65,000 Btu/h ACUACs and ACUHPs, three-phase,
less than 65,000 Btu/h VRF, CWHs, ACIMs, walk-ins, commercial and
industrial pumps, portable ACs, compressors, SPVUs, and CFLKs. DOE is
proposing certification and reporting requirements for DX-DOASes,
DPPPMs, and air cleaners. See 10 CFR part 429. Additionally, DOE is
amending labeling requirements for walk-ins. See 10 CFR 431.305. The
reporting requirements ensure that DOE has the information it needs to
assess whether regulated products and equipment sold in the United
States comply with the statutory and regulatory requirements applicable
to each covered product and equipment type.
B. Background
DOE's certification regulations are a mechanism that DOE uses to
help ensure compliance with its regulations by collecting information
about the energy and water use characteristics of covered products and
covered equipment distributed in commerce in the United States.
Manufacturers of most covered products and covered equipment must
submit a certification report for the duration of distribution,
specifically (1) before a basic model is distributed in commerce, (2)
annually thereafter, and (3) if the basic model is redesigned in a
manner that increases the consumption or decreases the efficiency of
the basic model such that the certified rating is no longer supported
by test data. 10 CFR 429.12. Additionally, manufacturers must report
when production of a basic model has ceased and is no longer offered
for sale as part of the next annual certification report following such
cessation. 10 CFR 429.12(f). DOE requires the manufacturer of any
covered product or covered equipment to establish, maintain, and retain
the records of certification reports, of the underlying test data for
all certification testing, and
[[Page 67460]]
of any other testing conducted to satisfy the requirements of 10 CFR
part 429, 10 CFR part 430, and/or 10 CFR part 431 until 2 years after
notifying DOE that a model has been discontinued. 10 CFR 429.71.
Certification reports provide DOE and consumers with comprehensive, up-
to-date efficiency information and support effective enforcement.
To ensure that all covered products and covered equipment
distributed in the United States comply with DOE's energy and water
conservation standards and reporting requirements, DOE has promulgated
certification, compliance, and enforcement regulations in 10 CFR parts
429 and 431. On March 7, 2011, DOE published in the Federal Register a
final rule regarding certification, compliance, and enforcement for
consumer products and commercial and industrial equipment, which
revised, consolidated, and streamlined DOE's existing certification,
compliance, and enforcement regulations for certain consumer products
and commercial and industrial equipment covered under EPCA. See 76 FR
12422. Since that time, DOE has completed multiple rulemakings
regarding certification, compliance, and enforcement for specific
covered products or equipment. See 79 FR 25486 (the May 5, 2014 Final
Rule specific to certification of commercial and industrial heating,
ventilation, and air conditioning (``HVAC''), refrigeration, and water
heating equipment) and 87 FR 43952 (the July 22, 2022 Final Rule
amending certification provisions for CFLKs, general service
incandescent lamps, incandescent reflector lamps, ceiling fans,
consumer furnaces and boilers, consumer water heaters, DWs, commercial
clothes washers, battery charges, and DPPPMs).
Additionally, if the Secretary has prescribed test procedures under
section 6314 for any class of covered equipment, the Secretary shall
prescribe a labeling rule applicable to such class of covered
equipment. See 42 U.S.C. 6315(a). EPCA, however, also sets out certain
criteria that must be met prior to prescribing a given labeling rule.
Specifically, to establish these requirements, DOE must determine that:
(1) labeling in accordance with section 6315 is technologically and
economically feasible with respect to any particular equipment class;
(2) significant energy savings will likely result from such labeling;
and (3) labeling in accordance with section 6315 is likely to assist
consumers in making purchasing decisions. (42 U.S.C. 6315(h))
If these criteria are met, EPCA specifies certain aspects of
equipment labeling that DOE must consider in any rulemaking
establishing labeling requirements for covered equipment. At a minimum,
such labels must include the energy efficiency of the affected
equipment, as tested under the prescribed DOE test procedure, and may
also require disclosure of the estimated operating costs and energy
use. (42 U.S.C. 6315(b)) The labeling provisions shall include
requirements the Secretary determines are likely to assist purchasers
in making purchasing decisions, such as: requirements and directions
for the display of the label; requirements for including on any label,
or separately attaching to, or shipping with, the covered equipment,
such additional information related to energy efficiency, energy use,
and other measures of energy consumption, including instructions for
maintenance and repair of the covered equipment, as the Secretary
determines is necessary to provide adequate information to purchasers;
and requirements that printed matter displayed or distributed with the
equipment at the point of sale also include the information required to
be placed on the label. (42 U.S.C. 6315(c))
II. Synopsis of the Notice of Proposed Rulemaking
Since the previous final rule amending certification requirements
for covered products (July 22, 2022; 87 FR 43952), DOE has proposed or
finalized test procedures and/or energy conservation standards for
multiple products and equipment. In this rulemaking, DOE is proposing
to revise its certification, labeling, and enforcement regulations for
certain covered products and equipment to align with these proposed and
finalized amendments.
In this notice of proposed rulemaking (``NOPR''), DOE proposes to
update the certification reporting requirements as follows:
(1) CAC/HP. Update the CAC/HP certification reporting requirements
at 10 CFR 429.16 to reflect the current version of the test procedure
at appendix M1 to subpart B of 10 CFR part 430 (``appendix M1'')
including test condition information. Correct discrepancies in CAC/HP
sampling plan to require using Student's t-Distribution Values from
appendix A to subpart B of part 429.
(2) DW. Align the DW certification reporting requirements with
appendix C1 to subpart B of 10 CFR part 430 (``appendix C1''), and with
appendix C2 to subpart B of 10 CFR part 430 (``appendix C2'').
Manufacturers must use appendix C1 beginning July 17, 2023. If DOE
adopts any amended energy conservation standards based on appendix C2,
manufacturers must use appendix C2 beginning on the standards'
compliance date. Add reporting requirements specific to the energy and
water use for DWs with water re-use systems and built-in reservoirs.
(3) RCWs. Remove outdated certification reporting requirements for
RCWs pertaining to appendix J1 to subpart B of 10 CFR part 430
(``appendix J1''), which has been removed. Update the existing
certification reporting requirements pertaining to appendix J2 to
subpart B of 10 CFR part 430 (``appendix J2'') for consistency with
test procedure terminology. Add a reporting requirement for test cloth
lot used by a manufacturer for testing/certifying to align with RCW
enforcement provisions outlined in 10 CFR 429.134(c). Add new
certification reporting requirements specific to appendix J to subpart
B of 10 CFR part 430 (``appendix J''), use of which would be required
at such time as compliance is required with any amended energy
conservation standards based on appendix J.
(4) Pool heaters. Align pool heater certification reporting
requirements with the amended energy conservation standards established
in a final rule published on May 30, 2023 (88 FR 34624) to require
reporting of thermal efficiency for electric pool heaters and establish
new reporting requirements specific to electric pool heaters.
(5) Dehumidifiers. Remove outdated certification reporting
requirements for dehumidifiers pertaining to appendix X to subpart B of
10 CFR part 430 (``appendix X''), use of which is no longer required.
(6) EPSs. Align EPS certification reporting requirements with the
amended test procedure at appendix Z to subpart B of 10 CFR part 430
(``appendix Z''), use of which is required beginning February 15, 2023.
Add reporting requirements to specify the output cord shipped with the
EPS (or the manufacturer's recommended output cord specifications).
Update the existing EPS certification reporting requirements to align
with the energy conservation standards established in the February 10,
2014 final rule (79 FR 7845), and require output voltage, which is
needed to verify the applicable product class. Revise sales reporting
requirements for EPSs exempt from energy conservation standards to
include the years for which the sales number represents.
[[Page 67461]]
(7) Battery chargers. Align battery charger certification reporting
requirements with appendix Y1 to subpart B of 10 CFR part 430
(``appendix Y1''), use of which would be required for any future
amended energy conservation standards for battery chargers.
(8) CRACs. Align CRACs certification reporting requirements with
amended energy conservation standards established in a final rule
published in the Federal Register on June 2, 2023 (88 FR 36392) and
require submission of a supplemental testing instructions file in PDF
format. Establish alternative efficiency determination method
(``AEDM'') tolerances for CRAC verification tests for NSenCOP.
(9) DX-DOAS. Establish DX-DOAS certification reporting requirements
for certifying compliance with the energy conservation standards
established in the November 1, 2022 final rule (87 FR 65651),
compliance with which is required beginning May 1, 2024. Require
submission of a supplemental testing instructions file in PDF format.
(10) Commercial AC/HPs. Establish certification reporting
requirements for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs
and three-phase, less than 65,000 Btu/h VRF aligned with the energy
conservation standards established in the final rule published on June
2, 2023 (88 FR 36392), compliance with which would be required
beginning January 1, 2025. Correct discrepancies in sampling plan for
three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase,
less than 65,000 Btu/h VRF to specify that the Student's t-Distribution
Values from appendix A to subpart B of part 429 should be used.
(11) CWHs. Align CWH certification reporting requirements with
amended energy conservation standards proposed in the May 19, 2022 NOPR
(87 FR 30610). Add reporting requirements specific to commercial
electric instantaneous water heaters. Additionally, add rated input
reporting requirement for commercial electric storage water heaters.
(12) ACIMs. Align existing ACIM certification reporting
requirements with revised ``energy use'' and ``condenser water use''
definitions and terminology adopted in the amended test procedure at 10
CFR 431.134, use of which is required beginning October 27, 2023.
Correct ACIM sampling requirements to remove discrepancy and require
using the Student's t-Distribution Values for a 95 percent one-tailed
confidence interval.
(13) WICFs. For walk-in refrigeration systems, add requirement to
report whether each refrigeration system meets the definition of a
carbon dioxide (``CO2'') unit cooler, detachable single-packaged
dedicated system, or an attached split system, consistent with
amendments to 10 CFR 431.302. Add requirements for submission of
supplementary testing information if necessary to run a valid test and
provide an option to report any compressor break-in duration used to
obtain certified rating. Additionally, expand the certification
reporting requirements for walk-in cooler and freezers with anti-sweat
heater (``ASH'') doors. Revise labeling requirements for walk-in panels
and walk-in refrigeration systems at 10 CFR 431.305.
(14) Commercial and Industrial Pumps. Require certification
reporting of commercial and industrial pump efficiency at best
efficiency point (``BEP''), constant load pump energy rating, and
variable load pump energy rating.
(15) Portable ACs. Clarify existing certification reporting
requirements for portable ACs and align them with instructions
specified in the test procedure at appendix CC to subpart B of 10 CFR
part 430 (``appendix CC'') and 10 CFR 429.62(a)(5).
(16) Compressors. Establish an annual filing date of September 1
for compressors at 10 CFR 429.12(d).
(17) DPPPMs. Add certification reporting requirements for DPPPMs
when certifying compliance with the energy conservation standards
proposed in the June 21, 2022 NOPR (87 FR 37122), and establish an
annual filing date of September 1 at 10 CFR 429.12(d).
(18) Air cleaners. Add certification reporting requirements for air
cleaners when certifying compliance with the energy conservation
standards adopted in the April 11, 2023 direct final rule, compliance
with which will be required beginning December 31, 2023, and establish
an annual filing date of December 1 at 10 CFR 429.12(d).
(19) SPVAC/HPs. Align SPVAC/HPs certification reporting
requirements with amended energy conservation standards proposed in the
December 8, 2022 ECS NOPR (87 FR 75388) and add content requirements
for supplemental testing instructions file in PDF format.
(20) CFLKs. Clarify existing CFLK reporting requirements at 10 CFR
429.33(b)(2)(ii)(A) and (b)(3)(ii)(B).
DOE's current and proposed reporting requirements, as well as the
reason for the proposed changes, are summarized in Table II.1.
Table II.1--Summary of Proposed Changes to Certification Reporting and
Labeling Requirements Relative to Current Certification Reporting and
Labeling Requirements
------------------------------------------------------------------------
Current DOE certification Proposed certification
reporting requirements reporting requirements Attribution
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For CAC/HPs, no reporting Add reporting Required to
requirement to indicate requirement to Sec. determine
whether variable speed coil- 429.16(e)(2)(vi) to applicable test
only rating is based on non- specify whether conditions
communicating or variable speed coil- specified in
communicating control. only rating is based appendix M1
on non-communicating test procedure.
or communicating
control.
For CAC/HPs, no reporting Add reporting Required to
requirement to indicate requirement to Sec. determine
whether system varies blower 429.16(e)(4)(iv) to applicable test
speeds with outdoor air specify whether conditions
conditions. system varies blower specified in
speeds with outdoor appendix M1
air conditions. test procedure.
For CAC/HPs, current sampling Correct Sec. Removes
requirements state to use 429.16(b)(3)(i)(B), discrepancy
Student's t-Distribution (ii)(B), and from sampling
Values from ``Appendix D'', (iii)(A)(2) to provisions,
whereas appendix A to subpart specify that the improves
B of part 429 contains the Student's t- clarity.
applicable Student's t- Distribution Values
Distribution Values. in appendix A to
subpart B of part 429
should be used.
For DWs, reporting Remove referenced Ensures
requirements in Sec. standard in Sec. consistency
429.19(b)(2) and (3) and list 429.19(b)(2) and from between
of materials incorporated by the list of materials reporting
reference in Sec. 429.4 incorporated by requirements
specify ANSI/AHAM DW-1-2010. reference in Sec. and DW test
429.4. procedures.
For DWs, reporting Add reporting Required to
requirements do not include requirements for ensure that
cycle selected for energy cycle selected for information
test. energy test at heavy, reported to DOE
medium, and light is consistent
soil loads, whether with the tested
the cycles are soil- cycle
sensing, and the requirements
options selected for specified in
the energy test at appendix C2.
these soil loads
(when testing in
accordance with
appendix C2) to Sec.
429.19(b)(3)(iv).
[[Page 67462]]
For DWs, reporting Add reporting Required to
requirements do not include requirement for ensure that the
cleaning index. average cleaning reported test
index of sensor heavy cycle is a
response, sensor valid test
medium response, and cycle that
sensor light response meets the
test cycles (when specified
testing in accordance cleaning index
with appendix C2) to threshold.
Sec.
429.19(b)(3)(v).
For DWs, reporting Add reporting Required to
requirements do not reflect requirements specific account for
water re-use system DWs. to water re-use extra energy
system DWs to Sec. use and water
429.19(b)(3)(vii), use associated
including energy use with water re-
and water use use systems.
associated with drain
out and clean out
events.
For DWs, reporting Add reporting Required to
requirements do not reflect requirements specific account for
information needed for DWs to DWs with built-in water
with built-in reservoirs. reservoirs to Sec. consumption of
429.19(b)(3)(viii), DWs with built-
including reservoir in reservoirs,
capacity, prewash and and therefore
main wash fill water determine
volume, and total compliance with
water consumption. the current
energy
conservation
standards.
For DWs, no rounding Add rounding Improves
requirements are specified in requirements to Sec. representativen
Sec. 429.19. 429.19(c). ess,
repeatability,
and
reproducibility
.
For RCWs, reporting Remove obsolete Appendix J1 has
requirements include outdated appendix J1 RCW been removed
requirements associated with reporting from 10 CFR
appendix J1. requirements from part 430.
Sec.
429.20(b)(2)(i).
For RCWs, ``capacity'' is Update existing Consistency in
required to be reported. requirement to terminology
specify ``clothes between
container capacity'' existing test
rather than procedure and
``capacity'' at Sec. reporting
429.20(b)(2)(ii). requirements.
For RCWs, reporting Add reporting Required to
requirements do not include requirement to Sec. ensure that
test cloth lot used by 429.20(b)(3) for test correct
manufacturer for testing and cloth lot number used remaining
certifying. during testing to moisture
determine other content
reported values. calculation is
used for
enforcement
testing per RCW
enforcement
provisions
specified in 10
CFR 429.134(c).
For RCWs, no reporting Add reporting Required to
requirements for RCWs tested requirements for ensure
in accordance with appendix J energy efficiency compliance with
test procedure. ratio, water proposed
efficiency ratio, amendments to
type of control energy
system, remaining conservation
moisture content, standards.
clothes container
capacity, and type of
loading when
certifying in
accordance with
appendix J to Sec.
429.20(b)(2)(i).
For pool heaters, reporting Add reporting Required to
requirement only includes requirement for determine
thermal efficiency for gas- integrated thermal compliance with
fired pool heaters. efficiency for both the amended
gas-fired and energy
electric pool heaters conservation
to Sec. standards.
429.24(b)(2)(i).
For electric pool heaters, no Add reporting Required to
reporting requirement for requirement for determine
active electrical power. active electrical compliance with
power for electric the amended
pool heaters to Sec. energy
429.24(b)(2)(ii). conservation
standards.
For dehumidifiers, reporting Remove obsolete Appendix X test
requirements include outdated appendix X procedure is no
requirements associated with dehumidifier longer required
appendix X. reporting for use.
requirements from
Sec.
429.36(b)(2)(i).
For EPSs, no reporting Add reporting Required to
requirement for output cord requirement for conduct amended
specifications. output cord appendix Z test
specifications (or procedure.
for EPSs shipped
without an output
cord, specifications
for the
manufacturer's
recommended output
cord) to Sec.
429.37(b)(i)-(iv).
For EPSs, no reporting Add reporting Required to
requirements for output requirements for determine
voltage. output voltage to compliance with
Sec. 429.37(i) currently
through (iv). applicable
energy
conservation
standards.
For EPSs exempt from the Add requirement that Improved
energy conservation the year for which clarity,
standards, only the number of the sales number consistency
units of exempt external being reported with other
power supplies sold during represents to Sec. similar
the most recent 12-calendar- 429.37(b)(3) and (c). reporting
month period ending on July requirements.
31, importer or manufacturer
name and address, and brand
name must be reported.
For battery chargers, Add reporting Required to
reporting requirements only requirements to Sec. determine
reflect metrics associated 429.39(b)(5) and (6) compliance with
with battery chargers tested for battery chargers any future
in accordance with appendix Y. tested in accordance amended energy
with newly adopted conservation
appendix Y1, multi- standards for
metric approach. battery
chargers.
For CRACs, reporting Add reporting Required to
requirements do not include requirements specific determine
provisions for certifying to net sensible compliance with
compliance with net sensible coefficient of the amended
coefficient of performance performance to Sec. energy
standards. 429.43(b)(2)(ix)(B). conservation
standards.
For CRACs, reporting Add supplemental Required to
requirements do not include testing instructions ensure that
provisions for submitting a file requirements in testing
supplemental testing PDF form for conditions are
instructions file in PDF form. certification reports met in the case
to Sec. of enforcement
429.43(b)(4)(viii). testing.
For CRACs, reporting Add reporting Required to
requirements do not include requirements for determine
indoor and outdoor unit indoor and outdoor specific
individual model numbers. unit individual model individual
numbers to Sec. models
429.43(b)(6)(i). distributed in
commerce under
each basic
model.
For CRACs, current AEDM Add tolerance of 5 Required for
tolerances do not specify percent to table 2 to consistency
tolerances for NSenCOP Sec. with allowable
verification tests. 429.70(c)(5)(vi)(B) AEDMs for other
for CRAC verification product types
tests for NSenCOP. and metrics.
For DX-DOASes, reporting Add reporting Required to
requirements do not include requirements for determine
provisions for certifying integrated seasonal compliance with
compliance with integrated moisture removal the energy
seasonal moisture removal efficiency 2 and conservation
efficiency 2 and integrated integrated seasonal standards.
seasonal coefficient of coefficient of
performance 2 standards. performance 2, as
well as rated
moisture removal
capacity, rated
supply airflow rate,
and configuration of
the basic model to
Sec.
429.43(b)(2)(xi)(A)
through (C).
For DX-DOASes, reporting Add reporting Required to
requirements do not include requirements for fully ensure
reporting requirements for systems with VERS to that
systems with ventilation Sec. enforcement
energy recovery systems 429.43(b)(3)(iii). provisions
(``VERS''). specified at
Sec.
429.134(s)for
DX-DOASes are
met in the case
of enforcement
testing.
For DX-DOASes, reporting Add supplemental Required to
requirements do not include testing instructions ensure that
provisions for submitting a file requirements in testing
supplemental testing PDF form for conditions are
instructions file in PDF form. certification reports met in the case
to Sec. of enforcement
429.43(b)(4)(x). testing.
For DX-DOASes, reporting Add reporting Required to
requirements do not include requirements for determine
indoor and outdoor unit indoor and outdoor specific
individual model numbers. unit individual model individual
numbers to Sec. models
429.43(b)(6)(ii). distributed in
commerce under
each basic
model.
[[Page 67463]]
For three-phase less than Add reporting Required to
65,000 Btu/h ACUACs and requirements for determine
ACUHPs and three-phase less seasonal energy compliance with
than 65,000 Btu/h VRF, no efficiency ratio 2 energy
reporting requirements for and heating seasonal conservation
seasonal energy efficiency performance factor 2 standards.
ratio 2 and heating seasonal to Sec.
performance factor 2. 429.67(f)(2).
For three-phase less than Add reporting Required to
65,000 Btu/h ACUACs and requirements for determine
ACUHPs and three-phase less indoor and outdoor specific
than 65,000 Btu/h VRF, unit individual model individual
reporting requirements do not numbers to Sec. models
include indoor and outdoor 429.67(f)(4)). distributed in
unit individual model numbers. commerce under
each basic
model.
For three-phase less than Add supplemental Required to
65,000 Btu/h ACUACs and testing instructions ensure that
ACUHPs and three-phase less file requirements in testing
than 65,000 Btu/h VRF, PDF form for conditions are
reporting requirements do not certification reports met in the case
include provisions for for outdoor units of enforcement
submitting a supplemental with no match to Sec. testing.
testing instructions file in 429.67(f)(3).
pdf form for outdoor units
with no match.
For three-phase less than Correct Sec. Removes
65,000 Btu/h ACUACs three- 429.67(c)(2)(ii)(A)(2 discrepancy
phase less than 65,000 Btu/h ) to specify that the from sampling
VRF, current sampling Student's t- provisions,
requirements state to use the Distribution Values improves
Student's t-Distribution in appendix A to clarity.
Values from ``appendix D'', subpart B of part 429
whereas appendix A to subpart should be used.
B of part 429 contains the
applicable Student's t-
Distribution Values.
For CWHs, no reporting Add reporting Required to
requirements for electric requirements for determine
instantaneous water heaters. electric compliance with
instantaneous water proposed energy
heaters to Sec. conservation
429.44(c)(2)(vi)-(vii standards.
).
For CWHs, no rated input Add rated input Required to
reporting requirement for reporting requirement determine that
electric storage water for electric storage models exceed
heaters. water heaters to Sec. the
429.44(c)(2)(i). definitional
requirement for
electric
storage water
heaters.
For ACIMs, reporting Update reporting Improved clarity
requirements include requirement and consistency
``maximum energy use'' and terminology to with
``maximum condenser water specify ``energy definitions.
use.''. use'' and ``condenser
water use'' in Sec.
429.45(b)(2).
For ACIMs, no rounding Add rounding Improves
requirements for represented requirements in Sec. representativen
values specified in 10 CFR 429.45(b)(3) that ess,
429.45. specify represented repeatability,
values determined in and
10 CFR 429.45 must be reproducibility
rounded consistent .
with the test
procedure rounding
instructions upon the
compliance date of
any amended standards.
For ACIMs, sampling provisions Revise sampling Removes
require use of the Student's provisions in 10 CFR discrepancy
t-Distribution Values for a 429.45(a)(2) to from sampling
95 percent two-tailed correct this provisions,
confidence interval from discrepancy and improves
appendix A to subpart B of clarify that the clarity.
part 429, whereas appendix A Student's t-
to subpart B of part 429 Distribution Values
contains one-tailed Student's for a 95 percent one-
t-Distribution Values. tailed confidence
interval from
appendix A to subpart
B of part 429.
For walk-in refrigeration Add reporting Required to
systems, no reporting requirement for ensure test
requirement for whether the whether the basic conditions
basic model meets the model meets the specified in
definition of a CO2 unit definition of a CO2 the test
cooler. unit cooler to Sec. procedure are
429.53(b)(2)(iii)(G). met.
For walk-in refrigeration Modify current Required to
systems, the configuration configuration ensure test
reporting requirement does reporting requirement conditions
not include ``detachable in Sec. specified in
single-packaged dedicated 429.53(b)(2)(iii)(C) the test
system'' or ``attached split to include procedure are
system''. ``detachable single- met.
packaged dedicated
system'' and
``attached split
system''.
For walk-in dedicated Add reporting Required to
condensing systems, no requirement in Sec. ensure test
reporting requirement for 429.53(b)(3)(ii) for conditions
head pressure controls. whether the basic specified in
model has head the test
pressure controls. procedure are
met.
No supplemental testing Add requirement in Required to
instructions for walk-in Sec. 429.53(b)(4) ensure test
refrigeration systems. for submission of conditions
supplement test specified in
information in PDF the test
format, if necessary procedure are
to run a valid test, met.
at the time of
certification.
For walk-in refrigeration Add optional reporting Improves
systems, no reporting requirement to Sec. representativen
requirement for compressor 429.53(b)(3)(ii) for ess,
break-in duration used to compressor break-in repeatability,
obtain certified rating. duration used to and
obtain certified reproducibility
rating, if applicable. .
For walk-in doors with anti- Add reporting Required to
sweat heater controls, no requirements to Sec. ensure
reporting requirements for 429.53(b)(2)(i)(H) applicable
conditions at which the for conditions (i.e., enforcement
controls activate the ASH temperature, provisions are
wire. humidity, etc.) at met in the case
which the controls of enforcement
activate the ASH wire. testing.
For walk-in doors, no Add reporting Required to
reporting requirement for requirement for calculate daily
thermal conduction load thermal conduction energy
through the door. load through the door consumption.
to Sec.
429.53(b)(3)(i)(B).
For walk-in panels, date of Require panel Aids enforcement
manufacturer is not required manufacture date be evaluation, as
on a panel's nameplate or added to the necessary.
label. nameplate or label in
Sec. 431.305(a).
For walk-in refrigeration Require the statement Required to
systems, unit coolers ``Only CO2 is ensure test
designed for use with CO2 as approved as a conditions
a refrigerant are not refrigerant for this specified in
required to indicate that system'' to be the test
they are designed for use included on the procedure are
with CO2 on the nameplate. nameplate for unit met.
coolers designed for
use with CO2 as a
refrigerant.
For commercial and industrial Modify existing Standardize
pumps, reporting requirements provisions in Sec. public
are optional for pump 429.59(b)(2) to information
efficiency at BEP, constant require reporting of reported for
load pump energy rating, and pump efficiency at pumps.
variable load pump energy BEP, constant load
rating. pump energy rating,
and variable load
pump energy rating.
For portable ACs, reporting Remove ``ability to Improved
requirement for duct operate in both clarity,
configuration lists ``ability configurations'' as consistency
to operate in both an option in Sec. with
configurations'' as an option. 429.62(b)(2) and add instructions in
reporting requirement appendix CC and
for whether model is 10 CFR
distributed in 429.62(a)(5).
commerce with
multiple duct
configuration options.
For portable ACs, no reporting Add reporting Required to
requirement for full-load requirements for determine
seasonally adjusted cooling whether the basic compliance with
capacity for variable-speed model is variable- the energy
models. speed, and if yes; conservation
the full-load standards.
seasonally adjusted
cooling capacity to
Sec. 429.62(b)(3).
[[Page 67464]]
For compressors, reporting Establish an annual Required to
requirements are included in filing date of ensure
10 CFR 429.63, but no annual September 1 at 10 CFR certification
filing date is specified in 429.12(d), by which information is
10 CFR 429.12. manufacturers would current on an
be required to submit annual basis,
required reporting consistent with
information to DOE. the
requirements
for other
covered
products and
equipment.
For DPPPMs, no reporting Add reporting Required to
requirements outlined in 10 requirements for verify
CFR 429.65. DPPPMs to Sec. compliance with
429.65(e). proposed energy
conservation
standards.
For DPPPMs, no rounding Add rounding Improves
requirements outlined in 10 requirements for representativen
CFR 429.65. DPPPMs to Sec. ess,
429.65(f). repeatability,
and
reproducibility
.
For DPPPMs, no annual filing Establish an annual Required to
date specified in 10 CFR filing date of ensure
429.12. September 1 at 10 CFR certification
429.12(d), by which information is
manufacturers would current on an
be required to submit annual basis,
required reporting consistent with
information to DOE. the
requirements
for other
covered
products and
equipment.
For air cleaners, no reporting Add reporting Required to
requirements outlined in 10 requirements for air verify
CFR 429.68. cleaners to Sec. compliance with
429.68(b). recently
adopted energy
conservation
standards.
For air cleaners, no annual Establish an annual Required to
filing date specified in 10 filing date of ensure
CFR 429.12. December 1 at 10 CFR certification
429.12(d), by which information is
manufacturers would current on an
be required to submit annual basis,
required reporting consistent with
information to DOE. the
requirements
for other
covered
products and
equipment.
For SPVUs, reporting Add reporting Required to
requirements do not include requirements for determine
provisions for certifying certifying compliance compliance with
compliance with integrated with integrated the energy
energy efficiency ratio energy efficiency conservation
standards. ratio standards to 10 standards.
CFR
429.43(b)(2)(v)(B)
and (vi)(B).
For SPVUs with cooling Add reporting Required to
capacities less than 65,000 requirements to 10 determine
Btu/h, reporting requirements CFR whether non-
do not include whether the 429.43(b)(2)(v)(B) weatherized
unit is weatherized or non- and (vi)(B) for SPVUs with
weatherized, and if non- whether the unit is cooling
weatherized, the airflow rate weatherized or non- capacities less
of outdoor ventilation air weatherized, and if than 65,000 Btu/
which is drawn in and non-weatherized, the h have met the
conditioned. airflow rate of definitional
outdoor ventilation requirements
air which is drawn in for airflow
and conditioned as rate of outdoor
determined in ventilation air
accordance with 10 which is drawn
CFR 429.134(x)(3), in and
while the equipment conditioned.
is operating with the
same drive kit and
motor settings used
to determine the
certified efficiency
rating of the
equipment.
For SPVUs, existing Add supplemental Required to
supplemental testing testing instruction ensure test
instruction requirements do file content conditions
not reflect updated requirements for when specified in
integrated energy efficiency certifying compliance the test
ratio test procedure. with an integrated procedure are
energy efficiency met.
ratio standard to 10
CFR
429.43(b)(4)(vi)(B)
and (vii)(B).
For CFLKs, reporting Amend reporting Required to
requirements inadvertently requirements in 10 determine
omit CFLKs distributed with CFR compliance with
consumer-replaceable SSL. 429.33(b)(2)(ii)(A) the energy
and (b)(3)(ii)(B) to conservation
include CFLKs standards.
distributed with
consumer-replaceable
SSL.
------------------------------------------------------------------------
The proposed regulatory amendments summarized in this section, and
that are described in greater detail in section III, pertain to
certification reporting requirements only. DOE is not proposing
amendments to the test procedures or energy conservation standards for
CAC/HPs, DWs, RCWs, pool heaters, dehumidifiers, EPSs, battery
chargers, CRACs, DX-DOASes, three-phase, less than 65,000 Btu/h ACUACs
and ACUHPs, three-phase, less than 65,000 Btu/h VRF, CWHs, ACIMs,
WICFs, commercial and industrial pumps, portable ACs, compressors,
DPPPMs, air cleaners, SPVUs, and CFLKs.
III. Discussion
Certification of compliance to DOE is a mechanism that helps
manufacturers understand their regulatory obligations for distributing
basic models of covered products and equipment that are subject to
energy conservation standards. Certification also helps consumers
obtain information about products' energy performance. Certification
reports include characteristics of covered products or equipment used
to determine which standard applies to a given basic model, and they
also help DOE identify models and/or regulated entities that may not
comply with the applicable regulations.
For the covered products and equipment addressed in this NOPR, DOE
has identified areas in which the certification reporting requirements
in 10 CFR part 429 are not consistent with the information required to
verify whether the information provided is consistent with the
certifier's statement of compliance with current energy conservation
standards. DOE is proposing amendments to the certification and
reporting provisions for these products and equipment to ensure
reporting that is consistent with currently applicable energy
conservation standards and to ensure that DOE has the information
necessary to determine the appropriate classification of products for
the application of standards. In addition to the specific proposals
discussed in the following sections, DOE is also proposing minor
amendments to ensure consistency among terms used throughout DOE's
certification and reporting provisions. Additionally, DOE is proposing
labeling requirements for certain covered equipment.
A. Central Air Conditioners and Heat Pumps
DOE is proposing to amend the certification reporting requirements
for CAC/HPs. A central air conditioner or central air conditioning heat
pump means a product, other than a packaged terminal air conditioner or
packaged terminal heat pump, which is powered by single phase electric
current, air cooled, rated below 65,000 Btu/h, not contained within the
same cabinet as a furnace, the rated capacity of which is above 225,000
Btu/h, and is a heat pump or a cooling unit only. A central air
conditioner or central air conditioning heat pump may consist of: a
single-package unit; an outdoor unit and one or more indoor units; an
indoor unit only; or an outdoor unit with no match. In the case of an
indoor unit only or an outdoor unit with no match, the unit must be
tested and rated as a system (combination of both an indoor and an
outdoor unit). 10 CFR 430.2.
On October 25, 2022, DOE published a final rule (``October 2022
CAC/HP Final Rule'') in which DOE amended the test procedure provisions
for CAC/HPs. 87 FR 64550. Consistent with that final rule, DOE is
proposing amendments to the reporting requirements.
[[Page 67465]]
1. Reporting
Under the existing requirements in 10 CFR 429.16, manufacturers of
CAC/HPs must report a variety of values and information, including
seasonal energy efficiency ratio 2 (``SEER2'') in Btu/W-h, average off
mode power consumption, cooling capacity in Btu/h, and heating seasonal
performance factor 2 (``HSPF2'') in Btu/W-h. 10 CFR 429.16(e)(2) For a
complete list of existing certification reporting requirements, see 10
CFR 429.16(e). These requirements provide for certifying compliance
with the current standards applicable to CAC/HP equipment manufactured
on or after January 1, 2023. 10 CFR 430.32(c). DOE is proposing to
update these requirements and align the reporting requirements with the
appendix M1 test procedure and proposing general certification
requirements for CAC/HPs. DOE discusses these proposed updates in the
following sections.
a. Variable Speed Coil-Only Rating Based on Non-Communicating or
Communicating Control
In the October 2022 CAC/HP Final Rule, DOE defined a
``communicating variable-speed coil-only central air conditioner or
heat pump'' as a variable-speed compressor system having a coil-only
indoor unit that is installed with a control system that (a)
communicates the difference in space temperature and space setpoint
temperature (not a setpoint value inferred from on/off thermostat
signals) to the control that sets compressor speed; (b) provides a
signal to the indoor fan to set fan speed appropriate for compressor
staging and air volume rate; and (c) has installation instructions
indicating that the required control system meeting both (a) and (b)
must be installed. 87 FR 64550, 64560.
DOE defined a ``variable-speed non-communicating coil-only central
air conditioner or heat pump'' as a variable-speed compressor system
having a coil-only indoor unit that does not meet the definition of
variable-speed communicating coil-only central air conditioner or heat
pump. Id.
In the October 2022 CAC/HP Final Rule, DOE elaborated that
variable-speed coil-only systems that meet the ``communicating''
definition should be tested like any other variable-speed system,
except that the heating full-load air volume rate should be equal to
the cooling full-load air volume rate and the intermediate and minimum
cooling and heating air volume rates should all be higher than (1) the
rate specified by the installation instructions included with the unit
by the manufacturer, and (2) 75 percent of the full-load cooling air
volume rate. Id.
Because this aspect of the basic model's operating characteristics
determines the way it must be tested, manufacturers need to certify
whether a variable speed coil-only rating is based on non-communicating
or communicating control. Therefore, DOE is proposing to include this
requirement in the certification template.
DOE seeks comment on its proposal to require reporting of whether a
variable speed coil-only rating is based on non-communicating or
communicating control.
b. Air Volume Rate Changing With Outdoor Conditions
In the October 2022 CAC/HP Final Rule, DOE explained that
requirements for setting air volume rate in section 3.1.4 of appendix
M1 may conflict with instructions to use air volume rates that
represent a ``normal installation'' in section 3.2, particularly for
modern blower-coil systems with multiple-speed or variable-speed indoor
fans and control systems, which may change air volume rate in response
to operating conditions such as outdoor air temperature. 87 FR 64550,
64569. To address this issue, in the October 2022 CAC/HP Final Rule,
DOE explicitly stated in step 7 of sections 3.1.4.1.1.a, 3.1.4.2.a, and
3.1.4.3.a of appendix M1 that, for blower-coil systems in which the
indoor blower capacity modulation correlates with outdoor dry bulb
temperature or sensible-to-total cooling capacity ratio, use an air
volume rate that represents a normal operation. Id. Also, DOE indicated
that to ensure consistency of testing, it may be necessary for
manufacturers to certify whether the system varies blower speeds with
outdoor air conditions. Id.
For these reasons, DOE is proposing that manufacturers include in
their certification whether the system varies blower speeds with
outdoor air conditions.
DOE seeks comment on its proposal to require reporting of whether a
CAC/HP system varies blower speeds with outdoor air conditions.
c. Sampling Corrections
Currently, DOE's sampling provisions for CAC/HPs state that any
represented value of power consumption or other measure of consumption
of a basic model for which consumers would favor lower values shall be
greater than or equal to the higher of the mean of the sample, or the
upper 90 percent confidence limit of the true mean (``UCL'') divided by
1.05. 10 CFR 429.16(b)(3)(i). Additionally, the sampling provisions
state that any represented value of the energy efficiency, cooling
capacity, heating capacity or other measure of energy consumption for
which consumers would favor higher values shall be less than or equal
to the lower of the mean of the sample, or the lower 90 percent
confidence limit of the true mean (``LCL'') divided by 0.95. 10 CFR
429.16(b)(3)(ii)-(iii). The sampling provisions also state that the UCL
and LCL should be calculated using the Student's t-Distribution Values
for a 90 percent one-tailed confidence interval with n-1 degrees of
freedom from appendix D to subpart B of part 429 (``appendix D''),
where ``n'' is the number of samples. 10 CFR 429.16(b)(3)(i)-(iii).
However, the Appendix containing Student's t-Distribution Values has
moved to appendix A to subpart B of part 429 (``Appendix A'') and is no
longer located at appendix D.\4\.''). To correct this discrepancy, DOE
is proposing to revise 10 CFR 429.16(b)(3)(i)-(iii) to specify that the
UCL and LCL should be calculated using the Student's t-Distribution
Values for a 90 percent one-tailed confidence interval outlined in
appendix A.
---------------------------------------------------------------------------
\4\ Appendix D now contains the sampling plan for enforcement
testing of Uninterruptible Power Supplies
---------------------------------------------------------------------------
DOE seeks comment on its proposal to correct the sampling
provisions for CAC/HPs to reference appendix A instead of appendix D.
2. Reporting Costs and Impacts
As described in the previous section, DOE proposes in this NOPR to
align CAC/HP certification reporting requirements with the current test
procedure for CAC/HP in appendix M1, which was most recently amended by
the October 2022 CAC/HP Final Rule. The proposed certification
requirements in this proposed rule specifically address new provisions
in this amended version of the appendix M1 test procedure, use of which
was required beginning on April 24, 2023.
DOE has tentatively determined that these proposed amendments to
the certification requirements would not impose additional costs for
manufacturers because manufacturers of CAC/HPs are already submitting
certification reports to DOE and should have readily available the
information that DOE is proposing to collect as part of this
rulemaking. DOE does not believe the revised reporting requirements
will cause any appreciable change in reporting burden or hours as
compared to what CAC/HP
[[Page 67466]]
manufacturers are currently doing today.
DOE requests comment on the certification reporting costs of the
amendments proposed for CAC/HPs.
B. Dishwashers
DOE is proposing to amend the certification reporting requirements
for DWs, which are cabinet-like appliances which, with the aid of water
and detergent, wash, rinse, and dry (when a drying process is included)
dishware, glassware, eating utensils, and most cooking utensils by
chemical, mechanical and/or electrical means and discharge to the
plumbing drainage system. 10 CFR 430.2. In the DWs test procedure final
rule published on January 18, 2023 (``January 2023 DW Final Rule''),
DOE amended the existing DWs test procedure at appendix C1 and
established a new test procedure at appendix C2, which would be
required at the time compliance is required with any amended energy and
water conservation standards. 88 FR 3234. Consistent with that final
rule, DOE is proposing amendments to the reporting requirements.
1. Reporting
Under the existing requirements in 10 CFR 429.19, manufacturers
must report the following public product-specific information: the
estimated annual energy use in kilowatt hours (``kWh'') per year
(``kWh/yr''), the water consumption in gallons per cycle, and the
capacity in number of place settings as specified in ANSI/AHAM DW-1-
2010.\5\ 10 CFR 429.19(b)(2). Manufacturers must additionally report
the following product-specific information: the presence of a soil
sensor (and if present, the number of cycles required to reach
calibration); water inlet temperature used for testing in degrees
Fahrenheit (``[deg]F''); cycle selected for the energy test and whether
that cycle is soil-sensing; the options selected for the energy test;
the presence of a built-in water softening system (and if present, the
energy use in kWh and the water use in gallons required for each
regeneration of the water softening system, the number of regeneration
cycles per year, and data and calculations used to derive these
values); and an indication of whether Cascade Complete powder was used
as the detergent formulation in lieu of Cascade with the Grease
Fighting Power of Dawn powder. 10 CFR 429.19(b)(3). These requirements
are applicable for any DW distributed in the United States on or after
May 30, 2013. Additionally, in a test procedure final rule published on
July 27, 2023 (``July 2023 DW Final Rule''), DOE updated the detergent
formulation reporting requirement at 10 CFR 429.19(b)(3)(vi) as
follows: indication of whether Cascade Complete Powder or Cascade with
the Grease Fighting Power of Dawn was used as the detergent
formulation. 88 FR 48351. For dishwashers other than water re-use
dishwashers, the July 2023 DW Final Rule additionally specified that
before July 17, 2023, Cascade Complete Powder detergent may be used as
the basis for certification in conjunction with the detergent dosing
methods specified in either section 2.5.2.1.1 or section 2.5.2.1.2 of
appendix C1 as amended in the July 2023 DW Final Rule and Cascade with
the Grease Fighting Power of Dawn detergent may be used as the basis
for certification only in conjunction with the detergent dosing
specified in section 2.5.2.1.1 of appendix C1 as amended in the July
2023 DW Final Rule. Further, for dishwashers other than water re-use
dishwashers, the July 2023 DW Final Rule specified that beginning July
17, 2023, Cascade Complete Powder detergent may be used as the basis
for certification of newly certified basic models only in conjunction
with the detergent dosing method specified in section 2.5.2.1.2 of
appendix C1 as amended in the July 2023 DW Final Rule and Cascade with
the Grease Fighting Power of Dawn detergent may be used as the basis
for certification only in conjunction with the detergent dosing
specified in section 2.5.2.1.1 of appendix C1 as amended in the July
2023 DW Final Rule. The July 2023 DW Final Rule additionally specified
that manufacturers may maintain existing basic model certifications
made prior to July 17, 2023, consistent with the provisions of Sec.
429.19(b)(3)(vi)(A) and (B). Id.
---------------------------------------------------------------------------
\5\ American National Standards Institute/Association of Home
Appliance Manufacturers DW-1-2010: Household Electric Dishwasher.
---------------------------------------------------------------------------
DOE is proposing to update the dishwasher certification reporting
requirements and align the reporting requirements with the amended test
procedure at appendix C1 and the new test procedure at appendix C2. Use
of appendix C2 would be required when determining compliance with any
future amended energy and water conservation standards. Appendix C2 to
subpart B of part 430. Accordingly, the certification reporting
requirements that are specific to appendix C2 would be required only at
such time as use of appendix C2 is required to demonstrate compliance
with any future amended energy and water conservation standards. DOE
discusses the proposed updates in the following sections.
a. Update to the AHAM Industry Standard
The current reporting requirements at 10 CFR 429.19(b)(2) reference
the industry standard, ANSI/AHAM DW-1-2010 to the capacity of a
dishwasher in number of place settings. DOE is proposing to exclude
this reference in the dishwasher reporting requirements at 10 CFR
429.19 because this industry standard is now obsolete. Additionally,
the reference to the definition of place settings only includes the
items in the test load that comprise a single place setting; it does
not define the capacity of a dishwasher itself, which is the metric
that needs to be reported for dishwashers at 10 CFR 429.19(b)(2).
Relatedly, DOE also proposes to remove ANSI/AHAM DW-1-2010 from its
list of materials incorporated by reference at 10 CFR 429.4 because
this standard would no longer be referenced anywhere in 10 CFR part 429
after the proposed removal of this reference from 10 CFR 429.19.
DOE requests comment on its proposal to remove ANSI/AHAM DW-1-2010
from the referenced industry standard in 10 CFR 429.19(b)(2).
b. Cycle Selected for Energy Test
In the January 2023 DW Final Rule, DOE established a new appendix
C2 that specifies, in part, a minimum cleaning index threshold as a
condition for a valid test cycle. 88 FR 3234. If the normal cycle at
any soil level (i.e., heavy, medium, or light) does not meet the
specified cleaning index threshold, the unit is tested at the most
energy-intensive cycle that can achieve a cleaning index threshold of
70. 88 FR 3234, 3266. To ensure that the certification template is
consistent with the tested cycle requirements specified in appendix C2,
DOE proposes to include the following additional confidential reporting
requirement at 10 CFR 429.19(b)(3)(iii): the cycle selected for the
energy test at the heavy, medium, and light soil loads and whether
these cycles are soil-sensing. Further, DOE proposes to include the
following additional confidential reporting requirement at 10 CFR
429.19(b)(3)(iv): the options selected for the energy test at the
heavy, medium, and light soil loads. These reporting requirements would
be required only at such time as use of appendix C2 is required to
demonstrate compliance with any future amended energy and water
conservation standards.
DOE requests comment on the proposed requirement to confidentially
[[Page 67467]]
report the cycle selected for the energy test at the heavy, medium, and
light soil loads and whether these cycles are soil-sensing as well as
the options selected for the energy test at the heavy, medium, and
light soil loads when testing according to appendix C2.
c. Cleaning Index
As noted previously, the January 2023 DW Final Rule established a
new appendix C2 that specifies a minimum cleaning index threshold as a
condition for a valid test cycle. 88 FR 3234. Specifically, the January
2023 DW Final Rule states that each tested cycle on each individual
unit is required to achieve the applicable cleaning index threshold to
constitute a valid test cycle. 88 FR 3234, 3265-3266. To ensure that
the reported test cycle is a valid test cycle that meets the specified
applicable cleaning index threshold, DOE is proposing a confidential
reporting requirement for the cleaning index of the sensor heavy
response, sensor medium response, and sensor light response test
cycles. DOE additionally proposes that the reported cleaning index for
each basic model must be the average cleaning index of the individual
test units at each soil level. This reporting requirement would be
required only at such time as use of appendix C2 is required to
demonstrate compliance with any future amended energy and water
conservation standards.
DOE requests comment on the proposed requirement to confidentially
report the average cleaning index of the sensor heavy response, sensor
medium response, and sensor light response test cycles.
d. Water Re-Use System Dishwashers
On November 1, 2013, DOE published a Decision and Order granting
Whirlpool a test procedure waiver (``Whirlpool waiver'') for testing
specified basic models equipped with a ``water use system,'' in which
water from the final rinse cycle is stored for use in the subsequent
cycle, with periodic draining (``drain out'') and cleaning (``clean
out'') events. 78 FR 65629, 65629-65630. (Case No. DW-11).\6\
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\6\ All materials regarding the Whirlpool waiver are available
in docket EERE-2013-BT-WAV-0042 at www.regulations.gov.
---------------------------------------------------------------------------
In the January 2023 DW Final Rule, DOE amended appendix C1 to
include the requirements from the Whirlpool waiver for testing water
re-use system DWs via reference to the industry standard, AHAM DW-1-
2020, with some modifications to the equations in sections 5.6.1.3,
5.6.1.4, 5.6.2.3, and 5.6.2.4 of AHAM DW-1-2020. DOE also adopted these
requirements in the new appendix C2. 88 FR 3234, 3249.
Accordingly, DOE proposes to amend the reporting requirements at 10
CFR 429.19(b)(3) to include reporting of energy and water use
associated with drain out and clean out events, consistent with the
information required to be reported by Whirlpool as part of the waiver.
These reported values would be used in equations to account for the
extra water and energy associated with water re-use systems.
Specifically, DOE is proposing that the additional machine electrical
energy consumption required for a drain out event and clean out event--
expressed in kWh--and the additional water consumption required for
drain out and clean out events during a drain out cycle--expressed in
gallons per cycle (``gal/cycle'')--be reported confidentially.
DOE seeks comment on its proposal to require that additional
machine electrical energy consumption required for a drain out event
and clean out event--expressed in kWh--and the additional water
consumption required for drain out and clean out events during a drain
out cycle--expressed in gal/cycle--be reported confidentially.
e. Dishwashers With Built-In Reservoirs
DOE published a Decision and Order on December 9, 2020 granting CNA
International Inc. (``CNA'') a test procedure waiver (``CNA waiver'')
for a basic model of a compact DW that does not connect to a water
supply line and instead has a built-in reservoir that must be manually
filled with water. 85 FR 79171, 79171 and 79173 (Case No. 2020-008).\7\
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\7\ All materials regarding the CNA waiver are available in
docket EERE-2020-BT-WAV-0024 at www.regulations.gov.
---------------------------------------------------------------------------
In the January 2023 DW Final Rule, DOE amended appendix C1 to
include the requirements from the CNA waiver, which was specific to a
compact DW basic model, to be applicable to a DW of any capacity with a
manually filled built-in water reservoir. DOE also adopted these
requirements in the new appendix C2. 88 FR 3234, 3241.
Accordingly, DOE proposes to amend the reporting requirements at 10
CFR 429.19(b)(3) to include reporting of the reservoir capacity in
gallons, prewash and main wash fill water volume in gallons (if testing
is performed using appendix C1), and the total water consumption in
gallons per cycle for DWs with built-in reservoirs. DOE's proposal to
report the prewash and main wash fill water volumes is only applicable
to appendix C1 because these water volumes are used to determine
detergent dosage in appendix C1, while the detergent dosage in appendix
C2 is dependent on the number of place settings.
DOE seeks comment on its proposal to require reporting of reservoir
capacity in gallons, prewash and main wash fill water volume in gallons
(if testing is performed using appendix C1), and the total water
consumption in gallons per cycle for DWs with built-in reservoirs.
f. Rounding Requirements
DOE proposes to specify at new section 10 CFR 429.19(c) that the
represented value of estimated annual energy use must be rounded to the
nearest kWh/yr and the represented value of water consumption must be
rounded to one decimal place, i.e., the nearest 0.1 gallon per cycle.
These rounding requirements are consistent with the existing rounding
requirements for DWs specified at 10 CFR 430.23(c)(2) and 10 CFR
430.23(c)(3), respectively.
DOE requests comment on the proposed rounding requirements for DWs.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align the DW certification reporting
requirements with the amended test procedure at appendix C1, use of
which is required beginning July 17, 2023, and with the newly adopted
test procedure at appendix C2, use of which would be required at such
time as compliance is required with any amended energy conservation
standards based on appendix C2.
For dishwashers, manufacturers currently report the following: (1)
the estimated annual energy use in kWh/yr; (2) the water consumption in
gallons per cycle; (3) the capacity in number of place settings as
specified in ANSI/AHAM DW-1-2010; (4) the presence of a soil sensor,
and if present, the number of cycles required to reach calibration; (5)
the water inlet temperature used for testing in [deg]F; (6) the cycle
selected for the energy test and whether that cycle is soil-sensing;
(7) the options selected for the energy test; and (8) the presence of a
built-in water softening system, and if present, the energy use in kWh
and the water use in gallons required for each regeneration of the
water softening system, the number of regeneration cycles per year, and
data and calculations used to derive these values. 10 CFR 429.19
(b)(2)-(3). Manufacturers also report whether Cascade Complete powder
was used as the detergent formulation in lieu of Cascade with the
[[Page 67468]]
Grease Fighting Power of Dawn powder. 10 CFR 429.19(b)(3)(vi).
Beginning August 28, 2023, the effective date of the July 2023 DW Final
Rule, the reporting requirement pertaining to the detergent formulation
would be updated such that manufacturers would be required to report
whether Cascade Complete Powder or Cascade with the Grease Fighting
Power of Dawn was used as the detergent formulation. 88 FR 48351,
48357. Additionally, when certifying dishwashers, other than water re-
use dishwashers, according to appendix C1, the following requirements
would be applicable: (A) Before July 17, 2023, Cascade Complete Powder
detergent may be used as the basis for certification in conjunction
with the detergent dosing methods specified in either section 2.5.2.1.1
or section 2.5.2.1.2 of appendix C1. Cascade with the Grease Fighting
Power of Dawn detergent may be used as the basis for certification only
in conjunction with the detergent dosing specified in section 2.5.2.1.1
of appendix C1. (B) Beginning July 17, 2023, Cascade Complete Powder
detergent may be used as the basis for certification of newly certified
basic models only in conjunction with the detergent dosing method
specified in section 2.5.2.1.2 of appendix C1. Cascade with the Grease
Fighting Power of Dawn detergent may be used as the basis for
certification only in conjunction with the detergent dosing specified
in section 2.5.2.1.1 of appendix C1. Manufacturers may maintain
existing basic model certifications made prior to July 17, 2023,
consistent with the provisions of paragraph 10 CFR 429.19(b)(3)(vi)(A).
Id.
Under the proposed amendments, if adopted, manufacturers would
additionally report the following: (1) the cycles selected for the
sensor heavy response, sensor medium response, and sensor light
response and whether these cycles are soil-sensing if testing is
performed using appendix C2; (2) the options selected for the sensor
heavy response, sensor medium response, and sensor light response if
testing is performed using appendix C2; (3) the average cleaning index
for the sensor heavy response, sensor medium response, and sensor light
response cycles if testing is performed using appendix C2; (4) whether
the product is a water re-use system dishwasher and if so, the energy
use in kWh and water use in gallons required for a drain out event, the
energy use in kWh and water use in gallons required for a clean out
event, the number of drain out events per year, the number of clean out
events per year, the water fill volume to calculate detergent dosage in
gallons, and data and calculations used to derive these values, as
applicable; and (5) the presence of a built-in reservoir and if
present, the manufacturer-stated reservoir capacity in gallons, the
prewash fill water volume in gallons and the main wash fill water
volume in gallons if testing is performed using appendix C1, and the
reservoir water consumption in gallons per cycle. DOE is additionally
proposing to add rounding requirements for estimated annual energy use
and water consumption and remove the ANSI/AHAM DW-1-2010 industry
standard that is included as a reference from 10 CFR 429.4.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers because manufacturers of
DWs are already submitting certification reports to DOE and should have
readily available the information that DOE is proposing to collect as
part of this rulemaking. Additionally, any requirements stemming from
the updates to the test procedure were accounted for in the January
2023 Final Rule. DOE does not believe the revised reporting
requirements will cause any appreciable change in reporting burden or
hours as compared to what DW manufacturers are currently doing today.
DOE requests comment on the certification reporting costs of the
amendments proposed for DWs.
C. Residential Clothes Washers
DOE is proposing to amend the reporting requirements for RCWs,
which are a consumer product designed to clean clothes, utilizing a
water solution of soap and/or detergent and mechanical agitation or
other movement, that must be one of the following classes: automatic
clothes washers, semi-automatic clothes washers, and other clothes
washers. 10 CFR 430.2. In the RCWs test procedure final rule published
on June 1, 2022 (``June 2022 RCW Final Rule''), DOE amended the
existing RCWs test procedure at appendix J2, established a new test
procedure at appendix J, which would be required at the time compliance
is required with any amended energy and water conservation standards,
and removed appendix J1. 87 FR 33316. Consistent with the June 2022 RCW
Final Rule, DOE is proposing amendments to the reporting requirements.
1. Reporting
Under the existing requirements in 10 CFR 429.20(b)(2)(i),
manufacturers of RCWs tested in accordance with the test procedure at
appendix J1 must report: the modified energy factor (``MEF''), the
capacity, the corrected moisture content (``RMC''), and the integrated
water factor (``IWF''). Under the existing requirements in 10 CFR
429.20(b)(2)(ii), manufacturers of RCWs tested in accordance with the
test procedure at appendix J2 must report: the integrated modified
energy factor (``IMEF''), the IWF, the capacity, the RMC, and the type
of loading (top-loading or front-loading). Under the existing
requirements in 10 CFR 429.20(b)(3), all manufacturers of RCWs must
also report a list of cycle selections comprising the complete energy
test cycle.
DOE is proposing to update these requirements and to specify new
reporting requirements that would apply to the new appendix J test
procedure and that would be required for certifying compliance only at
such time as use of appendix J is required. DOE discusses these
proposed updates in the following sections.
a. Removing Appendix J1
Appendix J1 was removed from the CFR as part of the June 2022 RCW
Final Rule. 87 FR 33316, 33365. Therefore, the provisions in 10 CFR
429.20(b)(2)(i), which specify reporting requirements for RCWs tested
in accordance with appendix J1, are obsolete. For these reasons, DOE
proposes to remove these reporting requirements.
DOE requests comment on its proposal to remove reporting
requirements applicable to appendix J1 from 10 CFR 429.20(b)(2)(i).
b. Clothes Container Capacity
DOE has established separate product classes for RCWs based on
clothes container capacity, among other characteristics. 10 CFR
430.32(g)(4) The current test procedure uses the term ``clothes
container capacity'' to refer to the measured capacity (see section 3.1
of appendix J2), whereas the current reporting requirements at 10 CFR
429.20(b)(2) use the term ``capacity.'' To provide greater consistency
in terminology between the test procedure and the reporting
requirements, DOE proposes to update the reporting requirement
terminology from ``capacity'' to ``clothes container capacity.''
DOE requests comment on its proposal to update reporting
requirement terminology to specify ``clothes container capacity for
RCWs.
[[Page 67469]]
c. Test Cloth Lot Number
In the June 2022 RCW Final Rule, DOE implemented new language in 10
CFR 429.134(c) that provides additional product-specific enforcement
provisions for clothes washers to accommodate differences in RMC values
that may result from DOE using a different test cloth lot than was used
by the manufacturer for testing and certifying the basic model. 87 FR
33316, 33369-33371. To implement this new enforcement provision, DOE
proposes to require reporting the test cloth lot number used during
certification testing. DOE also proposes that the reported test cloth
lot number would not be public.
DOE requests comment on its proposal to require the reporting of
the test cloth lot number for RCWs for the purpose of implementing the
enforcement provisions in 10 CFR 429.134(c), as well as its proposal
that the reported test cloth lot number would not be public.
d. Specifying Requirements for Appendix J
The new appendix J test procedure establishes new energy and water
efficiency metrics for RCWs. Use of appendix J would be required at
such time as compliance is required with any amended energy
conservation standards based on these new metrics as measured using
appendix J. 87 FR 33316. On March 3, 2023, DOE proposed amended
standards for clothes washers based on the new metrics as measured
using appendix J. 88 FR 13520. Consistent with these new metrics, DOE
proposes to specify certification requirements at 10 CFR
429.20(b)(2)(i) corresponding to the use of appendix J, as detailed in
the following sections. These reporting requirements would be required
only at such time as use of appendix J is required to demonstrate
compliance with standards based on the new appendix J metrics.
Energy Efficiency Ratio and Water Efficiency Ratio
Appendix J defines new metrics for representing clothes washer
efficiency: energy efficiency ratio (``EER'') \8\ and water efficiency
ratio (``WER'').\9\
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\8\ EER is defined as the weighted-average load size in pounds
(``lbs'') divided by the sum of (1) the per-cycle machine energy,
(2) the per-cycle water heating energy, (3) the per-cycle drying
energy, and (4) the per-cycle standby and off mode energy
consumption, in kilowatt-hours (``kWh'').
\9\ WER is defined as the weighted-average load size in lbs
divided by the total weighted per-cycle water consumption for all
wash cycles in gallons (``gal'').
---------------------------------------------------------------------------
DOE proposes to require including EER and WER as public information
in a certification report for RCWs tested in accordance with appendix
J.
In the June 2022 RCW Final Rule, DOE established rounding
requirements for EER and WER in 10 CFR 430.23(j)(2)(ii) and (j)(4)(ii),
respectively. 87 FR 33316, 33381. These requirements specify rounding
EER to the nearest 0.01 lb/kWh/cycle and rounding WER to the nearest
0.01 gal/kWh/cycle. DOE proposes to specify these same rounding
requirements for EER and WER at 10 CFR 430.29(c).
DOE requests comment on the proposed RCW reporting requirements for
EER and WER, including the proposed rounding requirements.
Type of Control System
The existing RCW product classes are applicable to automatic
clothes washers.\10\ Whereas performance-based standards are currently
applicable for all classes of automatic RCWs, DOE has not established
performance-based standards for semi-automatic RCWs. On March 3, 2023,
DOE published an energy conservation standards NOPR that includes a
proposal to re-establish a separate product class and separate
performance-based energy conservation standards for semi-automatic
RCWs.\11\ 88 FR 13520. To distinguish basic models as either automatic
or semi-automatic for the purpose of determining whether the current
performance-based standards apply, as well as which energy conservation
standards would apply if DOE were to finalize its proposal to establish
performance-based energy conservation standards for semi-automatic
RCWs, DOE proposes to require reporting the type of control system
(automatic or semi-automatic) as public information to be included in a
certification report for RCWs tested in accordance with appendix J.
---------------------------------------------------------------------------
\10\ DOE defines ``automatic clothes washer'' as a class of
clothes washer that has a control system that is capable of
scheduling a preselected combination of operations, such as
regulation of water temperature, regulation of the water fill level,
and performance of wash, rinse, drain, and spin functions without
the need for user intervention subsequent to the initiation of
machine operation. Some models may require user intervention to
initiate these different segments of the cycle after the machine has
begun operation, but they do not require the user to intervene to
regulate the water temperature by adjusting the external water
faucet valves. 10 CFR 430.2.
\11\ DOE defines ``semi-automatic clothes washer'' as a class of
clothes washer that is the same as an automatic clothes washer
except that user intervention is required to regulate the water
temperature by adjusting the external water faucet valves. 10 CFR
430.2.
---------------------------------------------------------------------------
DOE requests comment on its proposal to require reporting the type
of control system (automatic or semi-automatic) for RCWs.
Other Requirements
For RCWs tested in accordance with appendix J, DOE also proposes to
establish public reporting requirements for RMC, clothes container
capacity, and type of loading (top-loading or front-loading),
consistent with the current reporting requirements specified at 10 CFR
429.20(b)(2)(ii) for RCWs tested in accordance with appendix J2. DOE
notes that the current requirement at 10 CFR 429.20(b)(3) to report a
list of all cycle selections comprising the complete energy test cycle
for each basic model applies to all RCWs and would therefore also apply
to any RCW tested in accordance with appendix J. Similarly, the
proposed requirement to report test cloth lot number would also apply
to RCWs tested in accordance with appendix J. These reporting
requirements would be required only at such time as use of appendix J
is required to demonstrate compliance with standards based on the new
appendix J metrics.
DOE requests comment on its proposal to require reporting of RMC,
clothes container capacity, and type of loading (top-loading or front-
loading) for RCWs tested in accordance with appendix J.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align RCW certification reporting
requirements with the energy conservation requirements that would be
applicable to RCWs tested in accordance with appendix J.
Currently, manufacturers report IMEF, IWF, capacity, RMC, loading
type, and cycle selections. Manufacturers would additionally report
test cloth lot number if the proposed amendments were adopted. For RCWs
manufactured after the compliance date of any future energy
conservation standards based on use of appendix J, manufacturers would
be required to report EER, WER, capacity, RMC, control system type,
loading type, cycle selections, and test cloth lot number, if the
proposed amendments are adopted.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers because manufacturers of
RCWs are already submitting certification reports to DOE and should
have readily available the information that DOE is proposing to collect
as part of this rulemaking. DOE does not believe the revised reporting
requirements will cause any appreciable change in reporting burden or
hours as
[[Page 67470]]
compared to what RCW manufacturers are currently doing today as the
proposed amendments are replacement metrics or information that should
be readily available.
DOE requests comment on the certification reporting costs of the
amendments proposed for RCWs.
D. Pool Heaters
DOE is proposing to amend the reporting requirements for consumer
pool heaters. DOE defines pool heaters as an appliance designed for
heating non-potable water contained at atmospheric pressure, including
heating water in swimming pools, spas, hot tubs, and similar
applications. 10 CFR 430.2. In the final rule published on May 30, 2023
(``May 2023 Pool Heaters Final Rule''), DOE amended the energy
conservation standards for consumer pool heaters. 88 FR 34624. While
the current standards only apply to gas-fired pool heaters, the new and
amended standards apply to both gas-fired pool heaters and electric
pool heaters (excluding electric spa heaters) \12\ and use an updated
efficiency metric. Id. at 88 FR 34704. Consistent with the May 2023
Pool Heaters Final Rule, DOE is proposing amendments to the reporting
requirements for consumer pool heaters.
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\12\ ``Electric pool heater'' means a pool heater other than an
electric spa heater that uses electricity as its primary energy
source. An ``electric spa heater'' means a pool heater that (1) uses
electricity as its primary energy source; (2) has an output capacity
of 11 kW or less; and (3) is designed to be installed within a
portable electric spa. 88 FR 34624, 34703. DOE did not establish
standards for electric spa heaters in the May 2023 Pool Heaters
Final Rule, so the certification requirements proposed in this NOPR
pertain only to electric pool heaters.
---------------------------------------------------------------------------
1. Reporting
Under the existing requirements in 10 CFR 429.24, manufacturers of
gas-fired pool heaters must report: thermal efficiency in percent and
input capacity in Btu/h. 10 CFR 429.24(b)(1)-(2). These requirements
provide for certifying compliance with the April 16, 2013 thermal
efficiency standards. The amended standards are based on a different
metric: integrated thermal efficiency. (See 88 FR 34624, 34625). DOE is
proposing to update these certification requirements and align them
with the energy conservation standards outlined in the May 2023 Pool
Heaters Final Rule. DOE is additionally proposing general certification
requirements for consumer pool heaters. DOE discusses these proposed
updates in the following paragraphs.
The current standards for consumer pool heaters at 10 CFR 430.32(k)
provide only minimum thermal efficiency (``TE'') requirements for gas-
fired pool heaters, which does not include standby mode and off mode
energy consumption. While the TE metric has historically been used to
rate pool heaters, the current test procedure at appendix P to subpart
B of 10 CFR part 430 (``appendix P'') includes provisions to determine
the new integrated thermal efficiency (``TEI'') metric,
which includes standby mode and off mode energy consumption as required
by EPCA. Hence, the May 2023 Pool Heaters Final Rule established new
and amended standards for gas-fired pool heaters and electric pool
heaters in terms of TEI. (88 FR 34624, 34625) In the May
2023 Pool Heaters Final Rule, DOE stated that it would consider
requirements for reporting and certifying TEI in lieu of TE
in a separate rulemaking. 88 FR 34624, 34636. DOE stated that it would
also consider requirements for reporting and certifying active
electrical power \13\ along with the representative value for
TEI in a separate rulemaking. Id.
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\13\ ``Active electrical power'' means the maximum electrical
power consumption in active mode for an electric pool heater.
---------------------------------------------------------------------------
In the pool heaters energy conservation standards NOPR rulemaking
(``April 2022 Pool Heaters NOPR''), DOE addressed comments from Air-
Conditioning, Heating, and Refrigeration Institute (``AHRI'') regarding
the level of precision required for representations of TEI.
87 FR 22640, 22652 (Apr. 15, 2022). AHRI suggested that, for products
where the efficiency ratings are less than 100 percent, a change of one
or two points may make a difference; however, for products such as heat
pump pool heaters with efficiency ratings that can exceed 300 percent,
a difference of one or two points is inconsequential. Id. DOE stated
that it would consider rounding requirements for consumer pool heaters
in a separate rulemaking addressing certification reports. Id.
The April 2022 Pool Heaters NOPR sought comment on changes to
certification and enforcement requirements. Id. DOE received comments
from Rheem Manufacturing Company (``Rheem'') regarding certification
provisions for consumer pool heaters. Rheem recommended that DOE update
the certification provisions at 10 CFR 429.24 to require certification
of TEI and either input capacity or active electrical power
as necessary. (Rheem, Docket No. EERE-2021-BT-STD-0020, No. 19 at p. 2)
Rheem also recommended that DOE evaluate adding certification
provisions--similar to the requirements for consumer water heaters--
which allow for the propane gas version of a basic model to be rated
using the natural gas version if the propane gas input rate is within
10 percent of the natural gas input rate. (Rheem, Docket No. EERE-2021-
BT-STD-0020, No. 19 at p. 10)
In response to Rheem's request to use representations of natural
gas basic models for propane basic models, DOE notes that the water
heater certification provisions referenced by the commenter are
specifically for alternative efficiency determination methods (see 10
CFR 429.70(g)(1)). At this time, manufacturers of consumer pool heaters
are not authorized to use alternative efficiency determination methods
for representations pertaining to consumer pool heaters (see 10 CFR
429.70(a)), and the May 2023 Pool Heaters Final Rule did not establish
this allowance. (88 FR 34624) Hence, DOE is not proposing special
certification requirements for propane gas-fired pool heaters.
For consumer pool heaters, DOE proposes to clarify provisions for
certifying input capacity, establish provisions for certifying active
electrical power, and establish certification requirements for
TEI (including rounding requirements). DOE has tentatively
determined that certification of input capacity and active electrical
power is necessary because these values are used to determine the
TEI standard that applies to a pool heater.
DOE proposes to clarify that representations of input capacity for
gas-fired pool heaters must be made based on the average of the input
capacities measured for each tested unit of the basic model, and
rounded to the nearest 1,000 Btu/h.
There are currently no certification requirements for electric pool
heaters. DOE is proposing to establish requirements for active
electrical power similar to those for input capacity, because these two
values are analogous to each other for electric pool heaters and gas-
fired pool heaters, respectively.
The May 2023 Pool Heaters Final Rule will require compliance with
standards using the TEI metric; hence, DOE is also proposing
to require certification of this value. The represented value for
TEI would be rounded to the nearest tenth of one percent for
gas-fired pool heaters. However, in consideration of the comments from
AHRI indicating that the level of precision does not need to be so
stringent for electric pool heaters, DOE is proposing that the value
for TEI would be rounded to the nearest 1 percent for
electric pool heaters. Until compliance with new TEI
standards is mandatory, manufacturers of gas-fired pool heaters must
still ensure that these
[[Page 67471]]
products comply with the current TE standards at 10 CFR 430.32(k).
Therefore, DOE is maintaining the requirement for certifying TE of gas-
fired pool heaters for products that must comply with TE standards.
Reporting of TEI would become mandatory upon the compliance
date of the energy conservation standards adopted in the May 2023 Pool
Heaters Final Rule, May 30, 2028, at which time manufacturers would no
longer be required to report TE.
DOE seeks comment on its proposal to require the reporting of input
capacity, active electrical power, and integrated thermal efficiency.
DOE also seeks comment on the proposed rounding requirements.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align pool heater certification
reporting requirements with the energy conservation requirements that
would be applicable to pool heaters, as finalized in the May 2023 Pool
Heaters Final Rule.
For gas-fired pool heaters, manufacturers currently report TE as a
percentage and input capacity in Btu/h. As a result of the amended
standards, manufacturers of gas-fired pool heaters would be required to
report TEI as a percentage in lieu of TE when certifying
compliance with the revised standards. For electric pool heaters,
manufacturers are not currently required to submit certification
reports as there are no applicable standards at this time. As a result
of the amended standards, manufacturers of electric pool heaters would
be required to report TEI as a percentage and active
electrical power in Btu/h. 88 FR 34624, 34704.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers of gas-fired pool heaters
because manufacturers of gas-fired pool heaters are already submitting
certification reports to DOE and should have the information that DOE
is proposing to collect as part of this rulemaking readily available.
DOE does not believe the revised reporting requirements will cause any
appreciable increase in any manufacturer's reporting burden or hours
compared to certifying under current gas-fired pool heater
requirements. For electric pool heaters, manufacturers are not
currently required to submit certification reports to DOE because
electric pool heaters are not currently subject to any applicable
energy conservation standards. Any manufacturer of electric pool
heaters would be required to submit certification reports for electric
pool heaters upon the compliance date of the amended energy
conservation standards, May 30, 2028. 88 FR 34624, 34704. Costs
associated with the proposed updates to reporting requirements are
discussed in section IV.C of this document.
DOE requests comment on the certification reporting costs of the
amendments proposed for pool heaters.
E. Dehumidifiers
DOE is proposing to amend the reporting requirements for
dehumidifiers, which DOE defines as products--other than portable air
conditioners, room air conditioners, or packaged terminal air
conditioners--that are self-contained, electrically operated, and
mechanically encased assemblies consisting of (1) a refrigerated
surface (evaporator) that condenses moisture from the atmosphere; (2) a
refrigerating system, including an electric motor; (3) an air-
circulating fan; and (4) a means for collecting or disposing of the
condensate. 10 CFR 430.2. Use of appendix X1 to subpart B of 10 CFR
part 430 is currently required for any representations of energy use or
efficiency of portable and whole-home dehumidifiers, including
demonstrating compliance with the currently applicable energy
conservation standards. Consequently, appendix X to subpart B of 10 CFR
part 430 is obsolete for dehumidifiers manufactured on or after June
13, 2019. Therefore, DOE is proposing amendments to the remove the
outdated appendix X reporting requirements, consistent with the
proposed removal of appendix X in the test procedure NOPR published on
June 9, 2022 (``June 2022 Dehumidifiers NOPR''). 87 FR 35286, 35305.
1. Reporting
Under the existing requirements in 10 CFR 429.36, manufacturers
must report: energy factor in liters per kilowatt hour (``liters/kWh'')
and capacity in pints per day when certifying compliance with
dehumidifiers tested in accordance with appendix X. 10 CFR
429.36(b)(2)(i). However, use of appendix X is no longer permitted for
compliance because use of appendix X1 to subpart B of part 430
(``appendix X1'') is required to demonstrate compliance with standards
for products manufactured on or after June 13, 2019, and the June 2022
Dehumidifiers NOPR proposed the removal of appendix X. 87 FR 35286,
35305. DOE is proposing to remove the outdated appendix X certification
requirements consistent with the proposed removal of appendix X in the
June 2022 Dehumidifiers NOPR.
DOE seeks comment on its proposal to remove the outdated appendix X
certification requirements.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align dehumidifier certification
reporting requirements with the appendix X1 test procedure
requirements, use of which was required beginning on June 13, 2019, by
removing the appendix X requirements applicable to dehumidifiers
manufactured prior to June 13, 2019.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers because the only proposed
amendments are the removal of outdated requirements. DOE is not
proposing any amendments to the reporting requirements associated with
appendix X1 and is proposing to remove certification requirements
associated with a prior appendix. Therefore, DOE does not believe the
revised reporting requirements will cause any appreciable change in
reporting burden or hours compared to certifying under current
dehumidifier requirements.
DOE requests comment on the certification reporting costs of the
amendments proposed for dehumidifiers.
F. External Power Supplies
DOE is proposing to amend the reporting requirements for EPSs. DOE
defines an EPS as an external power supply circuit that is used to
convert household electric current into direct current or lower-voltage
AC current to operate a consumer product. 10 CFR 430.2. In the test
procedure final rule published on August 19, 2022, DOE amended the
appendix Z test procedure for EPSs. 87 FR 51200. Consistent with that
final rule, DOE is proposing amendments to the reporting requirements.
1. Reporting
Under the existing requirements in 10 CFR 429.37(b)(2),
manufacturers must report the following based on the external power
supply type:
For external power supplies, manufacturers currently report the
average active mode efficiency as a percentage, no-load mode power
consumption in watts, nameplate output power in watts, and, if missing
from the nameplate, the output current in amperes of the basic model or
the output current in amperes of the highest- and lowest-voltage models
within the external power supply design family.
[[Page 67472]]
For switch-selectable single-voltage external power supplies,
manufacturers currently report the average active mode efficiency as a
percentage, no-load mode power consumption in watts using the lowest
and highest selectable output voltages, nameplate output power in
watts, and, if missing from the nameplate, the output current in
amperes.
For adaptive single-voltage external power supplies, manufacturers
currently report the average active-mode efficiency as a percentage at
the highest and lowest nameplate output voltages, no-load mode power
consumption in watts, nameplate output power in watts at the lowest and
highest nameplate output voltages, and, if missing from the nameplate,
the output current in amperes at the lowest and highest nameplate
output voltages.
For external power supplies that are exempt from no-load mode
requirements, manufacturers currently report a statement that the
product is designed to be connected to a security or life safety alarm
or surveillance system component, the average active-mode efficiency as
a percentage, the nameplate output power in watts, and if missing from
the nameplate, the certification report must also include the output
current in amperes of the basic model or the output current in amperes
of the lowest- and highest-voltage models within the external power
supply design family. Manufacturers of these exempt external power
supplies are additionally required to report, if the aggregate total
number of exempt EPSs sold as spare and service parts exceeds 1,000
units across all models: the importer or domestic manufacturer's name
and address, the brand name, and the number of units sold during the
most recent 12-calendar-month period ending on July 31. 10 CFR
429.37(b)(3) and 10 CFR 429.37(c).
These requirements provide for certifying compliance with the
energy conservation standards applicable to EPSs manufactured on or
after February 10, 2014. DOE is proposing to align the reporting
requirements with the amended appendix Z test procedure, use of which
was required beginning September 19, 2022, and proposing general
certification requirements for EPSs. DOE discusses these proposed
updates in the sections as follows.
a. Output Cord Specifications
DOE's amended EPS test procedure requires that EPSs be tested with
the output cord they are shipped with. For EPSs not shipped with an
output cord, the EPS must be tested with a manufacturer's recommended
output cord. For EPSs not shipped with an output cord and for which the
manufacturer does not recommend an output cord, the amendments specify
that the EPS must be tested with a 3-foot-long output cord with a
conductor thickness that is minimally sufficient to carry the maximum
required current. See section 4(g) of appendix Z to subpart B of 10 CFR
part 430.
To better align the reporting requirements with the test procedure,
DOE is proposing to add a reporting requirement of the included output
cord specifications (gauge and length); for EPSs not shipped with an
output cord, the specifications (gauge and length) for the
manufacturer's recommended output cord would be provided. For EPSs not
shipped with an output cord and for which the manufacturer does not
recommend an output cord, the gauge of the 3-foot-long output cord will
be provided.
DOE seeks comment on its proposal to require the reporting of
output cord specifications for EPSs.
b. Output Voltage
In DOE's current EPS test procedure and energy conservation
standards, determining factors for EPS type and product class are the
nature of the output voltage and its measured value. Output voltage
type--(i.e. AC, DC, multiple voltage and/or adaptive) determines the
applicable portion of the test procedure and the template that must be
used for certification purposes. The measured value of the voltage
determines whether the EPS falls within the basic or low voltage
product class. To better align the reporting requirements with the test
procedure and energy conservation standards for EPSs, DOE is proposing
to add a reporting requirement for the measured output voltage for each
port.
DOE seeks comment on its proposal to require the reporting of
measured output voltage for EPSs for each port.
c. Additional Date Reporting Requirements for Exempt EPSs
To further clarify the time period during which the exempt EPSs
were sold, DOE is proposing to further require the manufacturer to
report the applicable timeframe of which the number of exempt EPSs were
sold.
DOE seeks comment on its proposal to require manufacturers of
exempt EPSs to report the year for which the sales number being
reported represents.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align EPS certification reporting
requirements with the revised appendix Z test procedure requirements,
use of which was required beginning September 19, 2022.
For switch-selectable single-voltage external power supplies,
manufacturers currently report the average active mode efficiency as a
percentage, no-load mode power consumption in watts using the lowest
and highest selectable output voltages, nameplate output power in
watts, and, if missing from the nameplate, the output current in
amperes, and would additionally report included or recommended output
cord specifications and the measured output voltage at the lowest and
highest selectable output voltages if the proposed amendments are
adopted.
For adaptive single-voltage external power supplies, manufacturers
currently report the average active-mode efficiency as a percentage at
the highest and lowest nameplate output voltages, no-load mode power
consumption in watts, nameplate output power in watts at the lowest and
highest nameplate output voltages, and, if missing from the nameplate,
the output current in amperes at the lowest and highest nameplate
output voltages, and would additionally report included or recommended
output cord specifications and the measured output voltage at the
lowest and highest nameplate output voltages if the proposed amendments
are adopted.
For external power supplies that are exempt from no-load mode
requirements, manufacturers currently report a statement that the
product is designed to be connected to a security or life safety alarm
or surveillance system component, the average active-mode efficiency as
a percentage, the nameplate output power in watts, and if missing from
the nameplate, the certification report must also include the output
current in amperes of the basic model or the output current in amperes
of the lowest- and highest-voltage models within the external power
supply design family, and would additionally report included or
recommended output cord specifications and the measured output voltage
or the measured output voltage of the lowest and highest voltage models
within the external power supply design family, and the timeframe of
which these exempt EPSs were sold, if the proposed amendments are
adopted.
For all other external power supplies, manufacturers currently
report the average active mode efficiency as a percentage, no-load mode
power consumption in watts, nameplate output power in watts, and, if
missing from the nameplate, the output current in
[[Page 67473]]
amperes of the basic model or the output current in amperes of the
highest- and lowest-voltage models within the external power supply
design family, and would additionally report included or recommended
output cord specifications and the measured output voltage or the
measured output voltage of the lower and highest voltage models within
the external power supply design family if the proposed amendments are
adopted.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers because manufacturers of
EPSs are already submitting certification reports to DOE and should
have readily available the information that DOE is proposing to collect
as part of this rulemaking. DOE does not believe the revised reporting
requirements will cause any appreciable change in reporting burden or
hours as compared to what EPS manufacturers are currently doing today.
DOE requests comment on the certification reporting costs of the
amendments proposed for EPSs.
G. Battery Chargers
DOE is proposing to amend the reporting requirements for battery
chargers, which DOE defines as devices that charge batteries for
consumer products, including battery chargers embedded in other
consumer products. 10 CFR 430.2. In the test procedure final rule
published on September 8, 2022 (``September 2022 Battery Charger Final
Rule''), DOE amended the scope of coverage and test procedure
provisions for battery chargers. 87 FR 55090. On March 15, 2023, DOE
published an energy conservation standards NOPR for battery chargers
that was developed based on the amended test procedure. 88 FR 16112.
Consistent with the test procedure final rule and the energy
conservation standards NOPR, DOE is proposing to reorganize current
reporting requirements and add new reporting requirements that would
become mandatory upon the compliance date of any future amended energy
conservation standards for battery chargers.
1. Reporting
Under the existing requirements in 10 CFR 429.39, manufacturers
must report: (1) the nameplate battery voltage of the test battery in
volts, the nameplate battery charge capacity of the test battery in
ampere-hours, and the nameplate battery energy capacity of the test
battery in watt-hours; and (2) the represented values for the
maintenance mode power (Pm), standby mode power
(Psb), off mode power (Poff), battery discharge
energy (Ebatt), 24-hour energy consumption (E24),
duration of the charge and maintenance mode test (tcd), and
unit energy consumption (UEC); and (3) the manufacturer and model of
the test battery, and the manufacturer and model, when applicable, of
the external power supply. 10 CFR 429.39. These requirements provide
for certifying compliance with the energy conservation standards
applicable to battery chargers manufactured on or after June 13, 2018.
DOE is proposing to reorganize these requirements and align the
reporting requirements with the amended test procedure at appendix Y to
subpart B of part 430 (``appendix Y''), use of which was required
beginning on March 7, 2023. DOE is also proposing new reporting
requirements to the certification requirements for battery chargers
tested under appendix Y1 to subpart B of part 430 (``appendix Y1''),
use of which would be required upon the compliance date of any future
amended energy conservation standards for battery chargers. DOE
discusses these proposed appendix Y1 updates in the sections as
follows.
a. Reporting Requirements for Battery Chargers Tested Under Appendix Y1
In the September 2022 Battery Charger Final Rule, DOE established a
new appendix Y1 for the multi-metric testing approach for battery
chargers. Under the new multi-metric testing approach, instead of
computing and reporting the UEC value, which captures the performance
of a battery charger in all modes of operation into a single metric,
manufacturers are required to calculate and report the battery charger
energy and power values for each mode of operation separately. These
modes consist of active charge mode, standby mode, and off mode. 87 FR
55090, 55100-55105.
DOE is proposing to update the battery charger reporting
requirements in 10 CFR 429.39 to align with the new multi-metric test
procedure by (1) removing the UEC reporting requirement for both wired
and fixed-location wireless battery chargers tested under appendix Y1,
and (2) adding reporting requirements for active charge energy
Ea and no-battery mode power Pnb. Additionally,
DOE is proposing to include active charge energy Ea (as
measured in accordance with appendix Y1) as an optional reporting
requirement when certifying compliance with the existing appendix Y
requirements to assist DOE in gathering data for any future amended
energy conservation standards. Whether manufacturers choose to report
this proposed optional information would have no impact on the validity
of representations made when certifying compliance with appendix Y or
the current energy conservation standards.
DOE seeks comment on the proposed updates to reporting requirements
for wired and fixed-location wireless battery chargers tested under
appendix Y1.
b. Reporting Requirements for Open-Placement Wireless Battery Chargers
Tested Under Appendix Y1
In the September 2022 Battery Charger Final Rule, DOE also expanded
the battery charger testing scope to include testing of fixed-location
wireless chargers in all modes of operation and testing of open-
placement wireless chargers in no-battery mode only. 87 FR 55090,
55095-55098.
Under the current appendix Y test procedure, all modes of operation
would need to be tested for battery chargers covered under the test
procedure scope. As such, there was no need to differentiate the
reporting requirements for wired vs. wireless chargers. However, under
appendix Y1, open-placement wireless chargers will only need to be
tested in the no-battery mode of operation. Accordingly, DOE is
proposing to further specify that for open-placement wireless chargers,
only the no-battery mode power, Pnb, would need to be
reported.
DOE seeks comment on the proposal to further specify the reporting
requirements for open-placement wireless battery chargers tested under
appendix Y1.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align battery charger certification
reporting requirements with the amended appendix Y test procedural
requirements, use of which was required beginning on October 11, 2022,
and the newly established appendix Y1 test procedure, use of which
would be required at such time as compliance is required with any
amended energy conservation standards based on these new metrics as
measured using appendix Y1.
For wired chargers tested under current appendix Y, manufacturers
currently report (1) the nameplate battery voltage of the test battery
in volts, the nameplate battery charge capacity of the test battery in
ampere-hours, and the nameplate battery energy capacity of the test
battery in watt-hours; and (2) the represented values for the
Pm, Psb, Poff, Ebatt,
E24, tcd, and UEC; and (3) the manufacturer and
model of the test battery, and the manufacturer
[[Page 67474]]
and model, when applicable, of the external power supply. If the
proposed amendments are adopted, when tested under appendix Y1, instead
of reporting UEC and E24 values, manufacturers would report
the active charge energy (Ea). Manufacturers would
additionally report no-battery mode power, Pnb.
For fixed-location wireless chargers tested under appendix Y1,
manufacturers would need to report (1) the nameplate battery voltage of
the test battery in volts, the nameplate battery charge capacity of the
test battery in ampere-hours, and the nameplate battery energy capacity
of the test battery in watt-hours; and (2) the represented values for
the Pm, Pnb, Psb, Poff,
Ebatt, Ea, and duration of the charge and
tcd; and (3) the manufacturer and model of the test battery,
and the manufacturer and model--when applicable--of the external power
supply, if the proposed amendments are adopted.
For open-placement wireless chargers tested under appendix Y1,
manufacturers would need to report the represented values for
Pnb, and the manufacturer and model, when applicable, of the
external power supply, if the proposed amendments are adopted.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers because manufacturers of
battery chargers are already submitting certification reports to DOE
and the additional information that DOE is proposing to collect as part
of this rulemaking should be readily available to manufacturers and
would not require additional testing. DOE does not believe the revised
reporting requirements will cause any appreciable change in reporting
burden or hours as compared to what battery charger manufacturers are
currently doing today.
DOE requests comment on the certification reporting costs of the
amendments proposed for battery chargers.
H. Computer Room Air Conditioners
DOE is proposing to amend the reporting requirements for CRACs. DOE
defines ``computer room air conditioner'' as a basic model of
commercial package air-conditioning and heating equipment (packaged or
split) that is: used in computer rooms, data processing rooms, or other
information technology cooling applications; rated for sensible
coefficient of performance (SCOP) and tested in accordance with 10 CFR
431.96; and is not a covered consumer product under 42 U.S.C. 6291(1)-
(2) and 42 U.S.C. 6292. A CRAC may be provided with, or have as
available options, an integrated humidifier, temperature and/or
humidity control of the supplied air, and reheating function. 10 CFR
431.92. In the energy conservation standards final rule published in
the Federal Register on June 2, 2023 (June 2023 CRACs final rule), DOE
amended the energy conservation standards for CRACs and adopted the net
sensible coefficient of performance (NSenCOP) metric. 88 FR 36392.
Consistent with the June 2023 CRACs final rule, DOE is proposing
amendments to the reporting requirements for CRACs.
1. Reporting
Under the existing reporting requirements for CRACs in 10 CFR
429.43(b)(2)(ix), manufacturers must report: net sensible cooling
capacity in Btu/h, net cooling capacity in Btu/h, configuration
(upflow/downflow), economizer presence (or lack thereof), condenser
medium (air, water, or glycol-cooled), SCOP, and rated airflow in
standard cubic feet per minute (SCFM). These requirements provide for
certifying compliance with the standards applicable to CRACs
manufactured on or after October 29, 2012, for units of capacity less
than 65,000 Btu/hr. and October 29, 2013, for the remainder of covered
CRACs. DOE is proposing to update these requirements and align the
reporting requirements with the energy conservation standards in the
June 2023 CRACs final rule. DOE is also proposing other general
certification requirements for CRACs to better ascertain applicable
standards and represented values, including whether the basic model is
split system or single-package, unit configuration, and refrigerant
utilized. DOE discusses these proposed updates in the sections as
follows.
a. Revising Certification Reporting Requirements at 10 CFR
429.43(b)(2)(ix) When Certifying With NSenCOP Standards
Manufacturers are currently required to certify compliance with
SCOP standards, in addition to the other equipment-specific reporting
requirements. In this NOPR, DOE is proposing to amend the certification
requirements to allow certifying compliance with NSenCOP standards and
related equipment-specific reporting requirements. Specifically, DOE
proposes to place the existing reporting requirements for SCOP
standards in new 10 CFR 429.43(b)(2)(ix)(A), and to place the new
reporting requirements for NSenCOP standards in new 10 CFR
429.43(b)(2)(ix)(B). The NSenCOP standard reporting requirements
include the net sensible cooling capacity in Btu/h, the net total
cooling capacity in Btu/h, whether the basic model is split system or
single-package, the configuration (e.g., downflow, upflow ducted,
upflow non-ducted, horizontal flow, ceiling-mounted ducted, ceiling-
mounted non-ducted), fluid economizer presence (or lack thereof),
condenser heat rejection medium (air, water, or glycol-cooled),
NSenCOP, rated airflow in SCFM, and the refrigerant used to determine
the represented values at 10 CFR 429.43(b)(2)(ix).
DOE seeks comment on its proposal to require the reporting of net
sensible cooling capacity in Btu/h, the net total cooling capacity in
Btu/h, whether the basic model is split system or single-package, the
configuration (e.g., downflow, upflow ducted, upflow non-ducted,
horizontal flow, ceiling-mounted ducted, ceiling-mounted non-ducted),
fluid economizer presence (or lack thereof), condenser heat rejection
medium (air, water, or glycol-cooled), NSenCOP, rated airflow in SCFM,
and the refrigerant used to determine the represented values.
b. Adding Supplemental Testing Instructions for CRACs at 10 CFR
429.43(b)(4)(viii)
Currently, manufacturers must submit supplemental information
regarding additional testing instructions, if applicable, and specify
which special features, if any, were included in rating the basic
model. 10 CRF 429.43(b)(4)(viii). The supplemental information
submitted in PDF format allows for third-party testing of equipment.
For CRACs, there are currently no specific requirements for the
supplemental PDF. For SCOP certification, DOE proposes to maintain the
current requirements of 10 CFR 429.43(b)(4)(viii), but move them to 10
CFR 429.43(b)(4)(viii)(A). For NSenCOP certification, DOE proposes to
specify the information required in supplemental testing instructions
that would enable independent testing of the relevant equipment and to
align with the corresponding requirements for CUACs, where appropriate.
This includes, but is not limited to supplementary information about
compressor break-in period duration, control set points, optional
motor/drive kits and associated settings, and any other additional
testing instructions. DOE proposes to add these new provisions when
certifying to NSenCOP in 10 CFR 429.43(b)(4)(viii)(B).
[[Page 67475]]
The proposed certification requirements provide further direction
to the existing requirements and would not result in significant
additional burden for manufacturers. Where DOE identifies specific
test-related information, the relevant information is already collected
by or available to the manufacturer, and as such, reporting that
information to DOE would result in minimal additional burden.
DOE seeks comment on its proposed supplemental testing instructions
requirements for CRACs when certifying compliance with NSenCOP
standards.
c. Certification of Model Numbers for Split Systems
DOE's current certification reporting requirements for CRACs at 10
CFR 429.43(b)(2)(ix) do not specify the model numbers that the
manufacturer must certify. Specifically, for split systems, the current
regulations do not explicitly require certification of both the outdoor
and indoor unit model numbers. Therefore, DOE is proposing at 10 CFR
429.43(b)(6) to clarify that the manufacturer must certify individual
model numbers for both the indoor unit and the outdoor unit.
DOE seeks comment on its proposal to require the reporting of both
indoor unit and outdoor unit individual model numbers for split-system
CRACs.
d. AEDM Tolerance for NSenCOP
DOE's existing testing regulations allow the use of an alternative
efficiency determination method (AEDM), in lieu of testing, to simulate
the efficiency of CRACs. 10 CFR 429.43(a). For models certified with an
AEDM, results from DOE verification tests are subject to certain
tolerances when compared to certified ratings. Currently, DOE specifies
a 5-percent tolerance for CRAC verification tests for SCOP, identical
to the current tolerance specified for single-point metrics (i.e., EER
and COP) for other categories of commercial air conditioners and heat
pumps. See table 2 to paragraph (c)(5)(vi)(B) at 10 CFR 429.70. In
alignment with the tolerance specified for SCOP, DOE is proposing to
specify a tolerance of 5 percent for CRAC verification tests for
NSenCOP.
DOE seeks comment on its proposal to specify a tolerance of 5
percent for CRAC verification tests for NSenCOP.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align CRAC certification reporting
requirements with the amended energy conservation standards in the June
2023 CRACs Final Rule.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers because manufacturers of
CRACs are already submitting certification reports to DOE and should
have readily available the information that DOE is proposing to collect
as part of this rulemaking. DOE does not believe the revised reporting
requirements will cause any appreciable change in reporting burden or
hours as compared to what CRACs manufacturers are currently doing.
DOE requests comment on the certification reporting costs of the
amendments proposed for CRACs.
I. Direct Expansion-Dedicated Outdoor Air Systems
DOE is proposing to establish reporting requirements for DX-DOASes.
DOE defines ``direct expansion-dedicated outdoor air system'' as a
basic model of commercial package air-conditioning and heating
equipment (packaged or split) that is a unitary dedicated outdoor air
system \14\ that is capable of dehumidifying air to a 55 [deg]F dew
point--when operating under Standard Rating Condition A as specified in
Table 4 or Table 5 of AHRI (I-P)-2020, ``Performance Rating of DX-
Dedicated Outdoor Air System Units'' (``AHRI 920-2020'') with a
barometric pressure of 29.92 in Hg--for any part of the range of
airflow rates advertised in manufacturer materials, and has a moisture
removal capacity of less than 324 pounds per hour (``lb/h''). 10 CFR
431.92. In the DX-DOAS energy conservation standards final rule
published on November 1, 2022 (``November 2022 DX-DOAS Final Rule''),
DOE adopted energy conservation standards for DX-DOASes. 87 FR 65651.
Consistent with that final rule, DOE is proposing to establish
reporting requirements for DX-DOASes.
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\14\ DOE defines ``unitary dedicated outdoor air system'' as a
category of small, large, or very large commercial package air-
conditioning and heating equipment that is capable of providing
ventilation and conditioning of 100-percent outdoor air and is
marketed in materials (including but not limited to, specification
sheets, insert sheets, and online materials) as having such
capability.
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1. Reporting
Prior to the adoption of energy conservation standards in the
November 2022 DX-DOAS Final Rule, there were no energy conservation
standards for DX-DOASes in 10 CFR 431.97, nor were there reporting
requirements for this equipment in 10 CFR 429.43.\15\ Because DOE has
now adopted energy conservation standards for DX-DOASes, DOE is
proposing to establish reporting requirements in alignment with the
standards adopted in the November 2022 DX-DOAS Final Rule. DOE
discusses these proposals in the following sections.
---------------------------------------------------------------------------
\15\ In the November 2022 DX-DOAS Final Rule, DOE adopted a
requirement in 10 CFR 429.43(a)(3)(i) that the represented value of
moisture removal capacity (``MRC'') be either between 95 and 100
percent of the mean of the measured capacities of the units in the
selected sample rounded to the nearest lb/hr multiple according to
Table 3 of AHRI 920-2020 or the MRC output simulated by an AEDM
rounded to the nearest lb/hr multiple according to Table 3 of AHRI
920-2020. DOE is adopting these provisions. 87 FR 65658, 65667.
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a. Addition of Certification Requirements To Include the New Metrics,
ISMRE2 and ISCOP2
In this NOPR, DOE is proposing certification requirements for
certifying compliance with the new energy conservation standards for
DX-DOAS, expressed in integrated seasonal moisture removal efficiency 2
(``ISMRE2'') and integrated seasonal coefficient of performance 2
(``ISCOP2''), as adopted in the November 2022 DX-DOAS Final Rule.
Specifically, DOE proposes to add new 10 CFR 429.43(b)(2)(xi)(A) and
require the following when certifying compliance with an ISMRE2
standard: the ISMRE2 in lb/kWh, the rated moisture removal capacity at
Standard Rating Condition A according to AHRI 920-2020 (incorporated by
reference; see 10 CFR 429.4) (MRC in lb/h), and the rated supply
airflow rate for 100 percent outdoor air applications (QSA
in standard cubic feet per minute). The moisture removal capacity is
used for certifying compliance and the rated supply airflow rate must
be specified to determine how to test a basic model according to the
DOE test procedure at appendix B to subpart F of 10 CFR part 431.
Additionally, DOE proposes to require the following at 10 CFR
429.43(b)(2)(xi)(B) when certifying compliance with an ISCOP2 standard
in addition to an ISMRE2 standard \16\: the ISCOP2 in watts of heating
per watts of power input (``W/W'').
---------------------------------------------------------------------------
\16\ Certification and compliance with both the applicable
ISCOP2 and ISMRE2 standards is required for the air-source heat pump
and water-source heat pump DX-DOAS equipment classes.
---------------------------------------------------------------------------
DOE proposes to include these certification provisions for DX-
DOASes in 10 CFR 429.43(b), consistent with other commercial HVAC
equipment. As a result, the general requirements applicable to
certification reports outlined in 10 CFR 429.12 would apply to DX-
DOASes, as currently outlined in the existing reporting requirements
for commercial HVAC equipment. 10 CFR 429.43(b)(1).
[[Page 67476]]
DOE seeks comment on requiring the reporting of ISMRE2 and ISCOP2
to certify compliance with the standards applicable to DX-DOASes
manufactured on or after May 1, 2024. DOE also seeks comment on
reporting rated moisture removal capacity and rated supply airflow
rate.
b. Reporting Requirements for DX-DOASes With Ventilation Energy
Recovery Systems
In the November 2022 DX-DOAS Final Rule, DOE adopted product-
specific enforcement provisions for DX-DOASes in 10 CFR 429.134(s) in
addition to the revised energy conservation standards. These
enforcement provisions specify how DOE would determine the ISMRE2 and
ISCOP2 values when conducting enforcement testing for DX-DOASes with
Ventilation Energy Recovery Systems (``VERS''). As outlined in Sec.
429.134(s)(2)-(3), these provisions rely on values of VERS performance
certified to DOE as the basis for determining the ISMRE2 and/or ISCOP2
of the basic model being tested in some scenarios.
To inform DOE's enforcement testing, DOE is proposing additional
non-public certification reporting requirements for DX-DOASes with VERS
in new subparagraph 10 CFR 429.43(b)(3)(iii). These reporting
requirements include the method of determination of the exhaust air
transfer ratio (``EATR''), sensible effectiveness, latent effectiveness
of the ventilation energy recovery system (name and version of
certified performance modeling software or if the device was directly
tested), the test method (i.e., Option 1 or Option 2) for units rated
based on testing, and motor control settings (including rotational
speed) for energy recovery wheels--all of which would be used by DOE to
determine ISMRE2 and/or ISCOP2 for enforcement testing and would be
considered non-public information if adopted.
DOE seeks comment on its proposal to include reporting requirements
for DX-DOASes with ventilation energy recovery systems.
c. Supplemental Testing Instructions
Currently, manufacturers of other covered commercial HVAC equipment
types must submit in PDF format supplemental information regarding
additional testing instructions, if applicable, and they must also
specify which, if any, special features were included in rating the
basic model. 10 CFR 429.43(b)(4). The supplemental information
submitted in PDF format allows for third-party testing of equipment.
Consistent with other commercial HVAC equipment types, DOE proposes to
specify information required in supplemental testing instructions
submitted in PDF format for DX-DOASes to enable independent testing of
the relevant equipment and to align with the corresponding requirements
for CUACs, where appropriate.
Specifically, for all DX-DOASes, DOE is proposing the following
content requirements for the supplemental instructions PDF attachment:
water flow rate in gallons per minute (``gpm'') for water-cooled and
water-source units, rated external static pressure (``ESP'') in inches
of water column for the supply air stream, frequency or control set
points for variable speed components (e.g., compressors, Variable
Frequency Drives (``VFDs'')), required dip switch/control settings for
step or variable components (e.g., reheat or head pressure control
valves), a statement as to whether the model will operate at test
conditions without manufacturer programming, and any additional testing
instructions specified in AHRI 920-2020, if applicable (e.g., supply
air dry bulb temperatures for ISMRE2 tests, equipment settings for
airflow, installation priority for split-system units, defrost control
settings for air-source heat pump units, compressor break-in period, or
condenser head pressure controls). Additionally, if a variety of
motors/drive kits are offered for sale as options in the basic model to
account for varying installation requirements, DOE is proposing that
the supplemental file also include the model number, the specifications
of the motor (including efficiency, horsepower, open/closed, and number
of poles) and the drive kit (including settings) associated with that
specific motor that were used to determine the certified rating.
For DX-DOASes with VERS, DOE is proposing the following additional
content requirements for the supplemental instruction PDF attachment:
rated ESP in inches of water column for the return air stream, exhaust
air transfer ratio at the rated supply airflow rate and a neutral
pressure difference between return and supply airflow (EATR as a
percent value), sensible and latent effectiveness of the ventilation
energy recovery system at 75 percent of the nominal supply airflow and
zero pressure differential, sensible and latent effectiveness of the
ventilation energy recovery system at 100 percent of the nominal supply
airflow and zero pressure differential, and any additional testing
instructions, if applicable (e.g., deactivation of VERS or VERS bypass
in accordance with section 5.4.3 of AHRI 920-2020).
DOE seeks comment on its proposal to require supplemental testing
instruction file contents for DX-DOASes.
2. Reporting Costs and Impacts
The addition of reporting requirements for DX-DOASes would newly
require manufacturers to report this information. DOE discusses
reporting cost impacts corresponding to this proposal in section IV.C
of this document.
DOE requests comment on its proposal to add new reporting
requirements for DX-DOASes.
J. Air Cooled, Three-Phase, Small Commercial Air Conditioners and Heat
Pumps With a Cooling Capacity of Less Than 65,000 Btu/h and Air-Cooled,
Three-Phase, Variable Refrigerant Flow Air Conditioners and Heat Pumps
With a Cooling Capacity of Less Than 65,000 Btu/h
DOE is proposing to amend the reporting requirements for three-
phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less
than 65,000 Btu/h VRF. Three-phase, less than 65,000 Btu/h ACUACs and
ACUHPs and three-phase, less than 65,000 Btu/h VRF are both categories
of small commercial package air conditioning and heating equipment.
Commercial package air-conditioning and heating equipment may be air
cooled, water cooled, evaporatively cooled, or water source based (not
including ground water source). This equipment is electrically operated
and designed as unitary central air conditioners or central air
conditioning heat pumps for use in commercial applications. 10 CFR
431.92.
In the energy conservation standards (``ECS'') final rule published
in the Federal Register on June 2, 2023 (``June 2023 3-Phase Final
Rule''), DOE amended energy conservation standards for three-phase,
less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less than
65,000 Btu/h VRF to be in terms of the new cooling and heating metrics,
SEER2 and HSPF2, respectively, as determined by using the new test
procedure at appendix F1 to subpart F of 10 CFR part 431. 88 FR 36368.
Consistent with that final rule, DOE is proposing amendments to the
reporting requirements for three-phase, less than 65,000 Btu/h ACUACs
and ACUHPs and three-phase, less than 65,000 Btu/h VRF.
1. Reporting
Under the existing requirements in 10 CFR 429.67(f)(2)(i) and (ii)
for three-
[[Page 67477]]
phase, less than 65,000 Btu/h ACUACs and ACUHPs, manufacturers must
report the seasonal energy efficiency ratio (``SEER'') in British
thermal units per Watt-hour (``Btu/Wh''), the rated cooling capacity in
Btu/h, and (for heat pumps) the heating seasonal performance factor
(``HSPF'') in Btu/Wh.
Under the existing requirements in 10 CFR 429.67(f)(2)(iii) and
(iv) for three-phase, less than 65,000 Btu/h VRF, manufacturers must
report the SEER in Btu/Wh, rated cooling capacity in Btu/h, and (for
heat pumps) the HSPF in Btu/Wh.
These requirements provide for certifying compliance with the
standards applicable to three-phase, less than 65,000 Btu/h ACUACs and
ACUHPs manufactured on or after January 1, 2017, and the standards
applicable to three-phase, less than 65,000 Btu/h VRF manufactured on
or after June 16, 2008. 88 FR 36368, 36389. DOE is proposing to update
these reporting requirements to align with the amended standards
adopted by the June 2023 3-Phase Final Rule that apply to three-phase,
less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less than
65,000 Btu/h VRF manufactured on or after January 1, 2025. 88 FR 36368,
36389. Additionally, DOE is proposing general certification
requirements for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs
and three-phase, less than 65,000 Btu/h VRF. DOE discusses these
proposed updates in the sections as follows.
a. Updating the Certification Requirements To Include the New Metrics,
SEER2 and HSPF2
In the June 2023 3-Phase Final Rule, DOE amended energy
conservation standards for three-phase, less than 65,000 Btu/h ACUACs
and ACUHPs and three-phase, less than 65,000 Btu/h VRF to be in terms
of the new cooling and heating metrics, SEER2 and HSPF2. Id.
Accordingly, in this document, DOE is proposing to update the
certification requirements at 10 CFR 429.67(f)(2) to include ratings in
terms of SEER2 and HSPF2, which will become the required reporting
metrics upon the compliance date of the amended standards.
Manufacturers may use appendix F1 to certify compliance with the
amended standards based on SEER2 and HSPF2 prior to the applicable
compliance date for the amended energy conservation standards.
DOE seeks comment on its proposal to require the reporting of new
metrics, such as SEER2 and HSPF2.
b. Aligning Basic Model Number and Individual Model Number(s) Reporting
Requirements With Single-Phase Products
DOE proposes to include additional instructions regarding the basic
model number and individual model number(s) required to be reported
under 10 CFR 429.12(b)(6); this proposal is consistent with the
requirement for single-phase products and represents readily available
information to the manufacturer regarding the requirements for three-
phase equipment.
Specifically, DOE would require in new subparagraph 10 CFR
429.67(f)(4) that the basic model number and individual model number(s)
reported under 10 CFR 429.12(b)(6) consist of the following:
----------------------------------------------------------------------------------------------------------------
Individual model number(s)
Equipment type Basic model number -----------------------------------------------------------
1 2 3
----------------------------------------------------------------------------------------------------------------
Single-Package (including Space- Number unique to Package........... N/A............... N/A.
Constrained). the basic model.
Single-Split System (including Number unique to Outdoor Unit...... Indoor Unit....... If applicable--Air
Space-Constrained and SDHV). the basic model. Mover (could be
same as indoor
unit if fan is
part of indoor
unit model
number).
Multi-Split, Multi-Circuit, and Number unique to Outdoor Unit...... When certifying a If applicable--
Multi-Head Mini-Split System the basic model. basic model based When certifying a
(including Space-Constrained on tested basic model based
and SDHV). combination(s): * on tested
* * When combination(s): *
certifying an * *. When
individual certifying an
combination: Each individual
indoor units combination: Each
paired with the air movers paired
outdoor unit. with the outdoor
unit.
Outdoor Unit with No Match...... Number unique to Outdoor Unit...... N/A............... N/A.
the basic model.
----------------------------------------------------------------------------------------------------------------
c. Outdoor Units With No Match
For three-phase, less than 65,000 Btu/h ACUACs and ACUHPs with
outdoor units having no matching indoor component, DOE proposes
requiring that in addition to any supplemental testing instructions
used to satisfy the existing requirement in 10 CFR 429.67(f)(3),
supplemental testing instructions also include any additional testing
and testing set up instructions necessary to operate the basic model
under the required conditions specified by the test procedure.
Specifically, manufacturers must provide information regarding the
following characteristics of the indoor coil: the face area, the coil
depth in the direction of airflow, the fin density (fins per inch), the
fin material, the fin style, the tube diameter, the tube material, and
the numbers of tubes high and deep. This proposed requirement would be
consistent with the 10 CFR 429.16 requirement for single-phase
products, as well as with the test requirements in the 2019 edition of
American Society of Heating, Refrigerating and Air-Conditioning
Engineers (``ASHRAE'') Standard 90.1 ``Energy Standard for Buildings
Except Low-Rise Residential Buildings'' (``ASHRAE 90.1-2019''), which,
in turn, references ANSI/AHRI 210/240, ``2023 Standard for Performance
Rating of Unitary Air-conditioning & Air-source Heat Pump Equipment''
(``AHRI 210/240-2023''). Therefore, this information should be readily
available to manufacturers and will not add manufacturer burden.
d. Sampling Corrections
Currently, DOE's sampling provisions for three-phase, less than
65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h
VRF state that any represented value of cooling capacity and heating
capacity must each be a self-declared value that is less than or equal
to the lower of the mean of the sample, or the lower 90 percent
confidence limit of the true mean (``LCL'') divided by 0.95. 10 CFR
429.67(c)(2)(ii)(A)(2). The sampling provisions also state that the LCL
should be calculated using the Student's t-Distribution Values for a 90
percent one-tailed confidence interval with n-1 degrees of freedom from
appendix D to subpart B of part 429, where ``n'' is the number of
samples. Id. However, the appendix containing Student's t-Distribution
Values has moved to appendix A to subpart B of part 429 (``appendix
A''). To correct this discrepancy, DOE is proposing to revise 10 CFR
429.67(c)(2)(ii)(A)(2) to specify that the LCL should be calculated
using
[[Page 67478]]
the Student's t-Distribution Values for a 90 percent one-tailed
confidence interval outlined in appendix A.
DOE seeks comment on its proposal to correct the sampling
provisions for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs
and three-phase, less than 65,000 Btu/h VRF to reference appendix A.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align the three-phase, less than
65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h
VRF certification reporting requirements with the amended standards
adopted by the June 2023 3-Phase Final Rule that apply to products
manufactured on or after January 1, 2025. 88 FR 36368.
For three-phase, less than 65,000 Btu/h ACUACs and three-phase,
less than 65,000 Btu/h VRF air conditioners, manufacturers currently
report SEER in Btu/Wh and rated cooling capacity in Btu/h, but would
report SEER2 in Btu/Wh in lieu of SEER to conform with the amended
standards. For three-phase, less than 65,000 Btu/h ACUHPs and three-
phase, less than 65,000 Btu/h VRF heat pumps, manufacturers currently
report SEER in Btu/Wh, HSPF in Btu/Wh, and rated cooling capacity in
Btu/h, but would be required to report SEER2 in Btu/Wh and HSPF2 in
Btu/Wh in lieu of SEER and HSPF to conform with the amended standards.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers because manufacturers of
three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase,
less than 65,000 Btu/h VRF are already submitting certification reports
to DOE and should have readily available the information that DOE is
proposing to collect as part of this rulemaking. DOE does not believe
the revised reporting requirements will cause any appreciable change in
reporting burden or hours as compared to what three-phase, less than
65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h
VRF manufacturers are doing currently.
DOE requests comment on the certification reporting costs of the
amendments proposed for three-phase, less than 65,000 Btu/h ACUACs and
ACUHPs and three-phase, less than 65,000 Btu/h VRF.
K. Commercial Water Heating Equipment
DOE is proposing to amend the reporting requirements for commercial
water heating equipment. EPCA prescribes energy conservation standards
for several classes of CWH equipment manufactured on or after January
1, 1994. (42 U.S.C. 6313(a)(5)) DOE codified these standards in its
regulations for CWH equipment at 10 CFR 431.110. However, when
codifying these standards from EPCA, DOE inadvertently omitted the
standards put in place by EPCA for electric instantaneous water
heaters, which are instantaneous water heaters with a rated input both
greater than 12 kW and not less than 4,000 Btu/h per gallon of stored
water (see 10 CFR 431.102). Therefore, in a NOPR published on May 19,
2022 (``May 2022 CWH NOPR''), DOE proposed to codify these standards in
its regulations at 10 CFR 431.110. 87 FR 30610, 30622.
DOE is proposing to establish reporting requirements for commercial
electric instantaneous water heaters (except for residential-duty
commercial electric instantaneous water heaters for which certification
is already addressed in 10 CFR 429.44), consistent with the May 2022
CWH NOPR.
Additionally, DOE is proposing to add reporting requirements for
commercial electric storage water heaters to ensure that the input
rating of all certified models exceeds the 12 kW threshold that is part
of the definition of electric storage water heaters at 10 CFR 431.102.
1. Reporting
Under the existing requirements in 10 CFR 429.44, manufacturer
certification reports for commercial water heating equipment are not
required to include information about electric instantaneous water
heaters. 10 CFR 429.44(c)(2).
Therefore, for commercial electric instantaneous water heaters of
all storage volumes (except for residential-duty commercial electric
instantaneous water heaters), DOE is proposing to add certification
requirements for thermal efficiency, storage volume, rated input, and
whether the storage volume is determined using a weight-based test (in
accordance with 10 CFR 431.106) or the calculation-based method (in
accordance with 10 CFR 429.72(e), as discussed in the following
paragraph). For electric instantaneous water heaters with storage
volume greater than or equal to 10 gallons (and thus subject to a
standby loss standard), DOE is also proposing to require that the
following information be certified to ensure compliance with standby
loss standards and to enable DOE to understand how the standby test was
conducted for each basic model: (1) standby loss, (2) whether the water
heater initiates heating element operation based on a temperature-
controlled call for heating that is internal to the water heater, (3)
whether the water heater includes an integral pump purge functionality,
and (4) the default duration of the pump off delay (for models equipped
with integral pump purge).
Similarly, DOE is proposing to allow use of a calculation-based
method for determining the storage volume of electric instantaneous
water heaters that is the same as the method for gas-fired and oil-
fired instantaneous water heaters and hot water supply boilers found at
10 CFR 429.72(e). Furthermore, DOE is proposing to clarify that the
method for calculating volume for instantaneous water heaters found at
10 CFR 429.72(e) does not apply to storage-type instantaneous water
heaters.
Finally, for commercial electric storage water heaters, DOE is
proposing to add a certification requirement for rated input to ensure
that the input rating of all certified models exceeds the 12 kW
threshold that is part of the definition of electric storage water
heaters at 10 CFR 431.102. DOE proposes that manufacturers would be
required to comply with the certification requirement beginning on the
date of the next annual filing of certification reports required for
CWH equipment following the publication of a final rule.\17\
---------------------------------------------------------------------------
\17\ The annual certification report filings for commercial
water heating equipment are due on May 1. See 10 CFR 429.12.
---------------------------------------------------------------------------
DOE seeks comment on its proposal to require the reporting of
thermal efficiency, storage volume, rated input, and whether the
storage volume is determined using a weight-based test or the
calculation-based method for commercial electric instantaneous water
heaters of all storage volumes (except for residential-duty commercial
electric instantaneous water heaters). DOE also seeks comment on its
proposal to require the reporting of standby loss, whether the water
heater initiates heating element operation based on a temperature-
controlled call for heating that is internal to the water heater,
whether the water heater includes an integral pump purge functionality,
and the default duration of the pump off delay (for models equipped
with integral pump purge) for electric instantaneous water heaters with
storage volume greater than or equal to 10 gallons. Additionally, DOE
seeks comment on its proposed calculation-based method for determining
storage volume of electric instantaneous water heaters.
DOE seeks comment on its proposal to add a requirement for the
reporting of rated input for commercial electric storage water heaters.
[[Page 67479]]
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align the certification reporting
requirements for commercial electric instantaneous water heaters
(except for residential-duty commercial electric instantaneous water
heaters) with the energy conservation standards for such equipment as
required by EPCA, and as proposed to be codified at 10 CFR 431.110 by
the May 2022 CWH NOPR.
Manufacturers of commercial electric instantaneous water heaters
(except for residential-duty commercial electric instantaneous water
heaters) do not currently report any information about the performance
or characteristics of such equipment, but would be required to report
thermal efficiency, storage volume, rated input, and whether the
storage volume is determined using a weight-based test (in accordance
with 10 CFR 431.106) or the calculation-based method (in accordance
with 10 CFR 429.72(e)).
Additionally, for electric instantaneous water heaters with storage
volume greater than or equal to 10 gallons (and thus subject to a
standby loss standard), manufacturers would also be required to report
standby loss, whether the water heater initiates heating element
operation based on a temperature-controlled call for heating that is
internal to the water heater, whether the water heater includes an
integral pump purge functionality, and the default duration of the pump
off delay (for models equipped with integral pump purge).
Any manufacturer of commercial electric instantaneous water heaters
would be required to begin submitting certification reports. Costs
associated with the proposed updates to reporting requirements are
discussed in section IV.C of this document.
In this NOPR, DOE also proposes to amend the certification
reporting requirements for commercial electric storage water heaters to
require manufacturers to report rated input.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers of commercial electric
storage water heaters because they are already submitting certification
reports to DOE and should have readily available the information that
DOE is proposing to collect as part of this rulemaking. DOE does not
believe the revised reporting requirements will cause any appreciable
change in reporting burden or hours as compared to what commercial
electric storage water heaters manufacturers are currently doing today.
DOE requests comment on the certification reporting costs of the
amendments proposed for commercial electric instantaneous water heaters
and commercial electric storage water heaters.
L. Automatic Commercial Ice Makers
DOE is proposing to amend the reporting requirements for ACIMs,
which are factory-made assemblies (not necessarily shipped in 1
package) that (1) consist of a condensing unit and ice-making section
operating as an integrated unit, with means for making and harvesting
ice; and (2) may include means for storing ice, dispensing ice, or
storing and dispensing ice. 10 CFR 431.132. In the November 1, 2022
Automatic Commercial Ice Maker Test Procedure Final Rule (``November
2022 ACIM Final Rule''), DOE replaced the terms ``maximum energy use''
and ``maximum condenser water use'' with ``energy use'' and ``condenser
water use,'' respectively, for ACIMs. 87 FR 65856, 56892. Consistent
with that rulemaking, DOE is proposing amendments to the reporting
requirements for ACIMs.
1. Reporting
Under the existing requirements in 10 CFR 429.45, manufacturers
must report maximum energy use in kilowatt hours (``kWh'') per 100
pounds of ice, maximum condenser water use in gallons per 100 pounds of
ice, harvest rate in pounds of ice per 24 hours, type of cooling, and
equipment type. 10 CFR 429.45(b)(2). These requirements provide for
certifying compliance with the standards applicable to ACIMs
manufactured on or after January 28, 2018. 10 CFR 431.136(c) and (d).
DOE is proposing to update these requirements and align the reporting
requirements with the November 2022 ACIM Final Rule and proposing
general certification requirements for ACIMs. DOE discusses these
proposed updates in the sections as follows.
a. Energy and Water Condenser Use
For ACIMs, the current reporting requirements include maximum
energy use in kWh per 100 pounds of ice and maximum condenser water use
in gallons per 100 pounds of ice. 10 CFR 429.45(b)(2). In the November
2022 ACIM Final Rule, DOE determined that the reference to ``maximum
energy use'' and ``maximum condenser water use'' in 10 CFR 429.45 could
be misinterpreted to refer to the energy and water conservation
standard levels for that basic model (i.e., the maximum allowable
energy and maximum allowable condenser water use), as opposed to the
tested performance. 87 FR 65856, 65891. Therefore, in that same rule,
for consistency and clarity, DOE replaced the term ``maximum energy
use'' with the term ``energy use'' and the term ``maximum condenser
water use'' with the term ``condenser water use.'' Id. at 87 FR 65892.
In addition, values of both energy and condenser water consumption are
relevant for ACIMs. Id. at 87 FR 65891. As such, DOE modified the
language at 10 CFR 429.45 to specify expressly that the sampling plan
at 10 CFR 429.45(a)(2)(i) applies both to measures of energy and
condenser water use for which consumers would favor lower values. Id.
at 87 FR 65892.
Similarly, 10 CFR 431.132 included a definition for the term
``maximum condenser water use.'' This language may also be
misinterpreted to refer to the condenser water conservation standard
level for a basic model as opposed to the tested condenser water use.
Therefore, in the November 2022 ACIM Final Rule, DOE modified the term
and definition of ``maximum condenser water use'' to instead refer to
the term ``condenser water use.'' Id.
In the November 2022 ACIM Final Rule, DOE did not revise the
reporting requirements in 10 CFR 429.45 to remove the term ``maximum''
and align the requirements with the newly adopted definitions for
``energy use'' and ``condenser water use.'' Id. at 87 FR 65897. As a
result, DOE is proposing to update the reporting requirements to
specify ``energy use'' and ``condenser water use'' in this document.
DOE seeks comment on its proposal to align ACIM reporting
requirement terminology with the amended terms.
b. Rounding Requirements
DOE currently requires test results for ACIMs to be rounded, as
outlined in the ACIMs test procedure. 10 CFR 431.134(g). However, the
certification requirements in 10 CFR 429.45 do not specify how values
calculated in accordance with 10 CFR 429.45(a) would be rounded for
reporting per 10 CFR 429.45(b). To ensure consistency among ACIM
certification reports, DOE proposes that any reported values be rounded
consistent with the rounding requirements for individual test results.
Specifically, DOE proposes to require that reported values be rounded
as follows: energy use to the nearest 0.01 kWh/100 lb, condenser water
use to the nearest gal/100 lb, and harvest rate to the nearest 1 lb/24
h (for ACIMs with harvest rates greater than 50 lb/24 h) or to the
nearest 0.1 lb/24 h (for ACIMs with harvest rates less than or equal to
50 lb/24 h).
[[Page 67480]]
DOE seeks comment on its proposal to establish rounding
requirements for ACIMs.
c. Sampling Corrections
Currently, DOE's sampling provisions for ACIMs state that any
represented value of energy use, condenser water use, or other measure
of consumption of a basic model for which consumers would favor lower
values shall be greater than or equal to the higher of the mean of the
sample, or the upper 95 percent confidence limit of the true mean
(``UCL'') divided by 1.10. 10 CFR 429.45(a)(2). The sampling provisions
also state that the UCL should be calculated using the Student's t-
Distribution Values for Certification Testing for a 95 percent two-
tailed confidence interval with n-1 degrees of freedom from appendix A,
where ``n'' is the number of samples. Id. However, appendix A outlines
Student's t-Distribution Values that are based on a one-tailed
confidence interval, rather than the two-tailed confidence interval
specified in 10 CFR 429.45(a)(2)(ii). To correct this discrepancy, DOE
is proposing to revise 10 CFR 429.45(a)(2)(ii) to specify that the UCL
should be calculated using the Student's t-Distribution Values for
Certification Testing for a 95 percent one-tailed confidence interval
outlined in appendix A.
DOE seeks comment on its proposal to correct the sampling
provisions for ACIMs.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align ACIM certification reporting
requirements with the amended terms adopted in the November 2022 ACIM
Final Rule. For ACIMs, manufacturers currently report maximum energy
use and maximum condenser water and under the proposed amended
requirements would report energy use and condenser water use, which are
substantially similar to the previous requirement.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers because manufacturers of
ACIMs are already submitting certification reports to DOE containing
these values and should have readily available the information that DOE
is proposing to collect as part of this proposed rulemaking. DOE does
not believe the revised reporting requirements will cause any
appreciable change in reporting burden or hours as compared to what
ACIM manufacturers are doing currently.
DOE requests comment on the certification reporting costs of the
amendments proposed for ACIMs.
M. Walk-In Coolers and Freezers
DOE is proposing to amend the reporting requirements for walk-in
coolers and walk-in freezers (``walk-ins''), which are enclosed storage
spaces refrigerated to temperatures, respectively, above and at or
below 32 [deg]F that can be walked into and have a total chilled
storage area of less than 3,000 square feet. The terms ``walk-in
cooler'' and ``walk-in freezer'' do not include products designed and
marketed exclusively for medical, scientific, or research purposes. 10
CFR 431.302 In the test procedure final rule published on May 4, 2023
(``May 2023 Walk-ins TP Final Rule''), DOE amended the test procedure
provisions for walk-ins. 88 FR 28780. Consistent with the May 2023
Walk-ins TP Final Rule, DOE is proposing amendments to the reporting
requirements in this NOPR.
1. Reporting
Under the existing requirements in 10 CFR 429.53, manufacturers
must report the following public information:
(1) For all walk-in doors: the door type, R-value of the door
insulation, a declaration that the manufacturer has incorporated the
applicable design requirements, door energy consumption, and rated
surface area in square feet. 10 CFR 429.53(b)(2)(i) and (b)(3)(i).
(2) For walk-in doors with transparent reach-in doors and windows,
the glass type of the doors and windows (e.g., double-pane with heat
reflective treatment, triple-pane glass with gas fill), and the power
draw of the antisweat heater in watts per square foot of door opening.
10 CFR 429.53 (b)(i).
(3) For walk-in panels: the insulation R-value. 10 CFR
429.53(b)(ii).
(4) For walk-in refrigeration systems: the installed motor's
function purpose (i.e., evaporator fan motor or condenser fan motor),
its rated horsepower, a declaration that the manufacturer has
incorporated the applicable walk-in-specific design requirements into
the motor, annual walk-in energy factor (``AWEF''), net capacity, the
configuration tested for certification (e.g., condensing unit only,
unit cooler only, single-packaged dedicated system, or matched pair),
and if an indoor dedicated condensing unit is also certified as an
outdoor dedicated condensing unit (and, if so, the basic model number
for the outdoor dedicated condensing unit). 10 CFR 429.53(b)(2)(iii),
(b)(3)(ii), (b)(5).
Under the existing requirements in 10 CFR 429.53, manufacturers
must report the following non-public information for all walk-in doors:
(1) rated power of each light, heater wire, and/or other electricity
consuming device; and (2) whether such device(s) has/have a timer,
control system, or other demand-based control that reduces the device's
power consumption. 10 CFR 429.53(b)(4)(i).
These requirements provide for certifying compliance with the
standards applicable to walk-in doors, panels, and medium temperature
dedicated condensing units (including medium temperature single-
packaged dedicated systems and matched pairs) manufactured on or after
June 5, 2017 and with the standards applicable to walk-in low
temperature dedicated condensing units (including low temperature
single-packaged dedicated systems and matched pairs), low temperature
unit coolers, and medium temperature unit coolers manufactured on or
after July 10, 2020. DOE is proposing to update these requirements and
align the reporting requirements with the May 2023 Walk-ins TP Final
Rule. DOE discusses these proposed updates in the sections as follows.
a. Combining the Publicly Required Reporting Requirements in 10 CFR
429.53(b)(2), 429.53 (b)(3), and 429.53(b)(5)
The current reporting requirements at 10 CFR 429.53(b) specify
public reporting requirements in three paragraphs--(b)(2), (b)(3), and
(b)(5)--based on whether the reporting requirement was submitted before
or after June 5, 2017. Given this date has passed, DOE is proposing to
combine the public product-specific reporting requirements at 10 CFR
429.53(b)(2) and move the non-public product-specific reporting
requirements from 10 CFR 429.53(b)(4) to 10 CFR 429.53(b)(3).
b. CO2 Systems
DOE has granted waivers to Heat Transfer Products Group, Hussmann,
KeepRite, and RefPlus for an alternate test procedure for specific unit
cooler basic models that utilize CO2 as a refrigerant.\18\
The alternate test procedure provided in these waivers modifies the
test condition values to reflect typical operating conditions for a
transcritical \19\ CO2 booster system.
[[Page 67481]]
Specifically, the waiver test procedures require that CO2
unit cooler testing is conducted at a liquid inlet saturation
temperature of 38 [deg]F and a liquid inlet subcooling temperature of 5
[deg]F.
---------------------------------------------------------------------------
\18\ HTPG Decision and Order, 86 FR 14887 (Mar. 19, 2021);
Hussmann Decision and Order, 86 FR 24606 (May 7, 2021); KeepRite
Decision and Order, 86 FR 24603 (May 7, 2021); RefPlus Interim
Waiver, 86 FR 43633 (Aug. 10, 2021).
\19\ CO2 refrigeration systems are transcritical
because the high-temperature refrigerant that is cooled by ambient
air is in a supercritical state, above the 87.8 [deg]F critical
point temperature, above which the refrigerant cannot exist as
separate vapor and liquid phases.
---------------------------------------------------------------------------
In the May 2023 Walk-ins TP Final Rule, DOE amended appendix C to
include the alternate test conditions specified in the waivers. DOE
also adopted these requirements into the new appendix C1. 88 FR 28780,
28809. Additionally, in the May 2023 Walk-ins TP Final Rule, DOE
defined a ``CO2 unit cooler'' as ``a unit cooler that
includes a nameplate listing only CO2 as an approved
refrigerant''. 88 FR 28780, 28790.
Accordingly, DOE proposes to amend the public reporting
requirements at 10 CFR 429.53(b)(2)(iii) to require that manufacturers
report whether a given basic model meets the definition of a
CO2 unit cooler as defined in the May 2023 Walk-ins TP Final
Rule. DOE proposes that manufacturers would be required to comply with
the proposed reporting requirement beginning on the next certification
report annual filing date required for walk-in components following the
publication of this rule, if finalized.\20\
---------------------------------------------------------------------------
\20\ The annual certification report filings for walk-ins are
due no later than August 1. See 10 CFR 429.12, Table 1 to paragraph
(d).
---------------------------------------------------------------------------
DOE seeks comment on its proposal to require the reporting of
whether a basic model meets the definition of a CO2 unit
cooler.
c. Detachable Single-Packaged Dedicated Systems and Attached Split
System
In the May 2023 Walk-ins TP Final Rule, DOE defined a ``detachable
single-packaged dedicated system'' as a system consisting of a
dedicated condensing unit and an insulated evaporator section in which
the evaporator section is designed to be installed external to the
walk-in enclosure and circulating air through the enclosure wall, and
the condensing unit is designed to be installed either attached to the
evaporator section or mounted remotely with a set of refrigerant lines
connecting the two components. 88 FR 28780, 28790. Since detachable
single-packaged dedicated systems have thermal losses similar to those
for single-packaged dedicated systems, DOE adopted the air enthalpy
test procedure for single-packaged dedicated systems in the May 2023
Walk-ins TP Final Rule. 88 FR 28780, 28815-28816.
Additionally, DOE defined an ``attached split system'' in the May
2023 Walk-ins TP Final Rule as a matched pair refrigeration system that
is designed to be installed with the evaporator entirely inside the
walk-in enclosure and the condenser entirely outside the walk-in
enclosure, where the evaporator and condenser are permanently connected
with structural members extending through the walk-in wall. 88 FR
28780, 28790. DOE has confirmed through testing that these systems
still experience some heat leakage when compared to traditionally
installed systems that have the dedicated condensing unit and the unit
cooler in separate housings. This heat leakage has not been fully
studied, however, so in the May 2023 Walk-ins TP Final Rule, DOE
specified that these systems should be tested as a matched pair using
refrigerant enthalpy methods. 88 FR 28780, 28816.
Although both detachable single-packaged dedicated systems and
attached split systems would be considered a ``single-packaged
dedicated system,'' the two would be tested differently. Some of the
previously discussed test procedure waivers specify basic models that
meet the definition of a detachable single-packaged dedicated system or
an attached split system. To ensure appropriate testing and consistent
reporting, it is important that these units be identified during
certification.
Accordingly, DOE proposes to amend the public reporting
requirements at 10 CFR 429.53(b)(2)(iii) to require that manufacturers
report whether a given basic model meets the definition of a
``detachable single-packaged dedicated system'' or an ``attached split
system'' as defined in the May 2023 Walk-ins TP Final Rule. DOE
proposes that manufacturers would be required to comply with the
proposed reporting requirement beginning on the next certification
report annual filing date required for walk-in components following the
publication of this rule, if finalized.
DOE seeks comment on its proposal to require the reporting of
whether a basic model meets the definition of a detachable single-
packaged dedicated system or an attached split system.
d. Head Pressure Control
In the May 2023 Walk-ins TP Final Rule, DOE adopted refrigerant
charging provisions for walk-in dedicated condensing systems that use
valves to ``flood'' the condenser with liquid refrigerant to maintain
sufficiently high condensing temperature under cold air temperatures.
88 FR 28780, 28804-28806. Specifically, DOE noted that charging in the
``C'' test condition rather than the ``A'' test condition is
appropriate for dedicated condensing systems (dedicated condensing
units, matched systems, and single-packaged dedicated systems) that use
a flooded condenser design. Id. However, for dedicated condensing
systems that use fan controls to maintain condensing temperature for
low ambient operating conditions, the test procedure specifies charging
at the ``A'' test condition. 88 FR 28780, 28804-28806.
Accordingly, DOE proposes to amend the non-public reporting
requirements at 10 CFR 429.53(b)(3)(ii) \21\ to require that
manufacturers report whether a given dedicated condensing system basic
model is sold with flooded head pressure controls for maintaining
condensing temperature at low ambient temperatures. DOE proposes that
manufacturers would be required to comply with the proposed reporting
requirement beginning on the next certification report annual filing
date required for walk-in components following the publication of this
rule, if finalized.
---------------------------------------------------------------------------
\21\ Note that currently 10 CFR 429.53(b)(3) specifies public
reporting requirements. In this NOPR, DOE is proposing to revise 10
CFR 429.53(b) such that paragraph (b)(2) specifies the public
reporting requirements and paragraph (b)(3) specifies non-public
reporting requirements.
---------------------------------------------------------------------------
DOE seeks comment on its proposal to require the reporting of
whether a dedicated condensing system basic model includes flooded head
pressure controls.
e. Compressor Break-In
Although the DOE test procedure for walk-in refrigeration systems
does not require a compressor ``break-in'' period, DOE recognizes that
walk-in refrigeration manufacturers may routinely break-in the
refrigeration system compressor for some time prior to conducting
testing. This break-in period can reduce variation in compressor
performance.
In the June 8, 2016, central air conditioners and heat pumps test
procedure final rule, DOE noted that the most significant improvements
in both compressor performance and reduction in variation among
compressor models occur during roughly the first 20 hours of run time.
81 FR 36992, 37034. Ultimately, DOE adopted the provision to limit the
optional break-in period to 20 hours to achieve the most uniform
compressor performance while limiting test burden. Id. DOE additionally
included provisions for manufacturers to have the option to report the
use of a break-in period and its duration as
[[Page 67482]]
part of the test data underlying their product certifications, the use
of the same break-in period specified in product certifications for
testing conducted by DOE, and the use of the 20 hours break-in period
for products certified using an alternative efficiency determination
method (``AEDM''). 81 FR 36992, 37033.
Other DOE-regulated equipment, such as dedicated outdoor air
systems (see appendix B to subpart F of 10 CFR part 431 and discussion
at 87 FR 45164, 45177-45178), single package vertical air conditioners
and heat pumps (``SPVUs'') (see section I of subpart F to 10 CFR part
431) and air-cooled unitary air conditions and heat pumps (``CUACs'')
(see 10 CFR 431.96) include required or optional provisions for
compressor break-in either as part of the test procedure or as a
certification option, so that any potential enforcement testing uses
conditions similar to those used for rating a given unit. Whether
required or optional, break-in duration is limited to a maximum of 20
hours for dedicated outdoor air supply units, SPVUs, and CUACs.
Accordingly, DOE proposes to amend the non-public reporting
requirements at 10 CFR 429.53(b)(3)(ii) \22\ to provide an option for
manufacturers to report the compressor break-in period, in hours, used
to obtain a basic model's certified rating; however, the break-in
duration may not exceed 20 hours in length. DOE proposes that
manufacturers would be required to comply with the proposed reporting
requirement beginning on the next certification report annual filing
date required for walk-in components following the publication of this
rule, if finalized.
---------------------------------------------------------------------------
\22\ Note that currently 10 CFR 429.53(b)(3) specifies public
reporting requirements. In this NOPR, DOE is proposing to revise 10
CFR 429.53(b) such that paragraph (b)(2) specifies public reporting
requirements and paragraph (b)(3) specifies non-public reporting
requirements.
---------------------------------------------------------------------------
DOE seeks comment on its proposal to amend the reporting
requirements and provide an option for manufactures to report
compressor break-in.
f. Supplemental Testing Instructions
As discussed previously, DOE requires manufacturers of covered
commercial HVAC equipment types to submit supplemental information
regarding additional testing instructions, if applicable, and they must
also specify which, if any, special features were included to rate a
basic model. DOE also requires supplemental testing instructions from
manufacturers of commercial warm air furnaces (see 10 CFR
429.41(b)(4)), commercial refrigeration equipment (see 10 CFR
429.42(b)(4)), and commercial water heating equipment (see 10 CFR
429.44(c)(4)). The supplemental information submitted in PDF format
provides information to allow for third-party laboratories to complete
a valid test according to the DOE test procedure.
Consistent with its requirements for other commercial equipment,
DOE proposes to require that, if such information would be needed for a
third party to independently run a valid test, manufacturers must
submit supplemental testing instructions at the time each basic model
is certified. Supplemental testing instructions for walk-ins might
include (but are not limited to) specific charging instructions,
control of fan cycling at specific test conditions, and type of
expansion valve. Consistent with the supplemental testing instructions
DOE has established for other commercial equipment, DOE notes that any
supplemental information for testing walk-ins would need to be
consistent with manufacturer installation instructions associated with
the equipment under test. See section 3.2.6 of appendix C to subpart R
of 10 CFR part 431 and section 3.5.2.4 of appendix C1 to subpart R of
10 CFR part 431. Prior to testing any walk-in refrigeration system
basic model under its enforcement provisions, DOE would determine if
supplemental testing instructions were included with certification of
the basic model. If supplemental testing instructions were included
with certification, DOE would review these instructions and compare
them to the manufacturer's installation instructions. Once DOE has
determined that the supplemental instructions are consistent with the
manufacturer's installation instructions, DOE would instruct the third-
party test lab to incorporate the supplemental testing instructions
into its test plan.
DOE notes that manufacturers would need to provide the complete
name of the PDF containing the supplemental testing instructions as
part of the certification report. If the manufacturer changes the
supplemental testing instructions and as a result changes the file
name, then the manufacturer must update the certification report.
DOE proposes to require that, if necessary to run a valid test,
manufacturers must submit supplemental testing instructions at the time
each basic model is certified. DOE proposes that manufacturers would be
required to comply with the proposed reporting requirement beginning on
the next certification report annual filing date required for walk-in
components following the publication of this rule, if finalized.
DOE seeks comment on its proposal to require, if necessary to run a
valid test, supplemental testing information as a PDF file at the time
of certification.
g. Anti-Sweat Heater Wire With Controls
For walk-ins with transparent reach-in doors, EPCA prescribes
specific ASH-related requirements: (1) walk-ins without anti-sweat
heater controls must have a heater power draw of no more than 7.1 or
3.0 watts per square foot of door opening for freezers and coolers,
respectively; (2) walk-ins with anti-sweat heater controls must either
have a heater power draw of no more than 7.1 or 3.0 watts per square
foot of door opening for freezers and coolers, respectively; or (3) the
anti-sweat heater controls must reduce the energy use of the heater in
a quantity corresponding to the relative humidity of the air outside
the door or to the condensation on the inner glass pane. See 42 U.S.C.
6313(f)(3)(C)-(D). These requirements are also codified at 10 CFR
431.306(b)(3)-(4).
The current test procedure assigns percent time off (``PTO'')
values to various walk-in door components, including anti-sweat
heaters, to reflect the hours in a day that an electricity-consuming
device operates at its full rated or certified power. For walk-in
cooler doors with ASH controls, the PTO value is 75 percent and for
walk-in freezer doors with ASH controls, the PTO value is 50 percent.
For doors without ASH controls, the PTO is 0 percent. The test
procedure does not distinguish between types of ASH controls, just the
presence of them.
DOE recognizes that walk-in coolers and freezers may be installed
in a variety of environments, including different geographical climate
zones, different indoor building installations, and even outdoor
installations. Thus, walk-ins may experience a wide variety of ambient
conditions. Consumers looking to purchase walk-in doors with ASH
controls may benefit from publicly available information on the
conditions at which the ASH is activated based on any controls provided
as part of the door.
Additionally, during enforcement testing, DOE calculates the door's
energy consumption using the input power listed on the nameplate of
each electricity-consuming device shipped with the door. In the absence
of a value listed on the nameplate, DOE uses the device's rated input
power included in
[[Page 67483]]
the door's certification report. In the absence of either a nameplate
or certified value, DOE may measure the input power for the purposes of
calculating a door's energy consumption. 10 CFR 429.134(q)(4).
Manufacturers are required to certify to DOE whether each electricity-
consuming device, including ASH, has controls. 10 CFR 429.53(b)(4)(i).
If there is no certification for the basic model, it can be difficult
to discern whether the unit has controls without destroying the door.
For these reasons, DOE is proposing that manufacturers of doors
with ASH controls certify the conditions (i.e., temperature, humidity,
etc.) at which the controls activate the ASH wire. DOE proposes that
manufacturers would be required to comply with the proposed reporting
requirement beginning on the next certification report annual filing
date required for walk-in components following the publication of this
rule, if finalized.
DOE seeks comment on its proposal to require the reporting of the
conditions at which the controls activate the ASH wire for walk-in
doors with ASH controls.
h. Door Conduction Load
DOE's test procedure for measuring walk-in door energy consumption
accounts for thermal conduction through the door and the direct and
indirect electricity use of any electrical components associated with
the door. 10 CFR 431.304(b)(1)-(2) and 10 CFR part 431, subpart R,
appendix A.
The direct and indirect electricity use of the electrical
components associated with the door is based on the certified or
nameplate input power values of each component, which are certified to
DOE as non-public information. DOE does not, at present, require
certification of the thermal conduction through the door.
In this NOPR, DOE is proposing to require certification of thermal
conduction load through the door in Btu/h. This would be added to the
non-public reporting requirements in 10 CFR 429.53(b)(3)(i).
Manufacturers are already calculating conduction load as part of the
current test procedure at sections 6.2.1 and 6.3.1 of appendix A to
subpart R of 10 CFR part 431 for display doors and non-display doors,
respectively. DOE notes that the conduction load is required for
calculating the daily energy consumption. DOE has evaluated the
theoretical thermal conduction for all walk-in doors certified to DOE
and found in some cases that the calculated values may not be
consistent with the values that would be expected based on the
currently reported data (i.e., wattage, presence of controls) for the
door's electricity-consuming devices. To remedy this situation, DOE is
proposing that walk-in door manufacturers certify thermal conduction
load as non-public data, in addition to the requirements already listed
in 10 CFR 429.53(b)(3)(i). DOE proposes that manufacturers would be
required to comply with the proposed reporting requirement beginning on
the next certification report annual filing date required for walk-in
components following the publication of this rule, if finalized.
DOE requests comment on its proposed additional certification
reporting requirements for walk-in doors and refrigeration systems.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align walk-in certification reporting
requirements with the test procedure requirements applicable to walk-
ins manufactured on and after October 31, 2023. For all walk-in doors,
manufacturers currently report the door type, R-value of the door
insulation, a declaration that the manufacturer has incorporated the
applicable design requirements, door energy consumption, rated surface
area, rated power of each light, heater wire, and/or other electricity-
consuming device and whether such device(s) has a timer, control
system, or other demand-based control that reduces the device's power
consumption. For transparent reach-in display doors and windows,
manufacturers must currently also report the glass type of the doors
and windows), and the power draw of the ASH. Manufacturers would
additionally report the conduction load through the door, whether the
basic model uses self-regulating heater wire, and, if so, specify the
temperature at which the wire engages if the proposed amendments are
adopted.
For walk-in refrigeration systems, manufacturers currently report
the installed motor's function purpose (i.e., evaporator fan motor or
condenser fan motor), its rated horsepower, a declaration that the
manufacturer has incorporated the applicable walk-in-specific design
requirements into the motor, AWEF, net capacity, the configuration
tested for certification (e.g., condensing unit only, unit cooler only,
single-packaged dedicated system, or matched pair), and if an indoor
dedicated condensing unit is also certified as an outdoor dedicated
condensing unit (and, if so, the basic model number for the outdoor
dedicated condensing unit). If the proposed amendments are adopted
manufacturers would additionally report whether the basic model is
designed for use with CO2 as a refrigerant, whether a
dedicated condensing system has flooded head pressure control, and
whether a compressor break-in period was used, and if so, the duration
of the break-in period. Additionally, manufacturers would be required
to submit supplemental testing instructions in PDF format if these
instructions are necessary to run a valid test. DOE has tentatively
determined that these proposed amendments would not impose additional
costs for manufacturers because manufacturers of walk-ins are already
submitting certification reports to DOE and should have readily
available the information that DOE is proposing to collect as part of
this rulemaking. DOE does not believe the revised reporting
requirements will cause any appreciable change in reporting burden or
hours as compared to what walk-in manufacturers are currently doing
today.
DOE requests comment on the certification reporting costs of the
amendments proposed for walk-ins.
3. Labeling
If the Secretary has prescribed test procedures for any class of
covered equipment, a labeling rule applicable to such class of covered
equipment must be prescribed. See 42 U.S.C. 6315(a). EPCA, however,
also sets out certain criteria that must be met prior to prescribing a
given labeling rule. Specifically, to establish these requirements, DOE
must determine that: (1) labeling in accordance with section 6315 is
technologically and economically feasible with respect to any equipment
class; (2) significant energy savings will likely result from such
labeling; and (3) labeling in accordance with section 6315 is likely to
assist consumers in making purchasing decisions. (See 42 U.S.C.
6315(h))
If these criteria are met, EPCA specifies certain aspects of
equipment labeling that DOE must consider in any rulemaking
establishing labeling requirements for covered equipment. At a minimum,
such labels must include the energy efficiency of the affected
equipment as tested under the prescribed DOE test procedure. The
labeling provisions may also consider the addition of other
requirements, including: (1) directions for the display of the label;
(2) a requirement to display on the label additional information
related to energy efficiency or energy consumption, which may include
[[Page 67484]]
instructions for maintenance and repair of the covered equipment, as
necessary, to provide adequate information to purchasers; and (3)
requirements that printed matter displayed or distributed with the
equipment at the point of sale also include the information required to
be placed on the label. (42 U.S.C. 6315(b) and 42 U.S.C. 6315(c))
DOE previously established labeling requirements for walk-in
components, codified at 10 CFR 431.305, in a final rule published on
December 28, 2016 (``December 2016 Walk-in Final Rule''). 81 FR 95758,
95802. For walk-in panels, DOE had initially proposed in the NOPR
leading to the aforementioned final rule to include the date of
manufacture on the nameplate of a panel. 81 FR 54925, 54942 (Aug. 17,
2016). At the time, DOE estimated the total cost of applying labels
specifically to non-display doors and panels, which may include date of
manufacture, to be less than 0.1 percent of an average manufacturer's
annual revenue. Id. In consideration of stakeholder comments indicating
that affixing a panel label with date of manufacture was not
technologically feasible, in the December 2016 walk-in Final Rule, DOE
did not finalize its proposal to require the date of manufacture on the
nameplate. 81 FR 95758, 95802.
In this NOPR, DOE is again proposing to require that date of
manufacture be affixed to each walk-in panel via the nameplate or via
another method (i.e., stamping) at 10 CFR 431.305(a)(1)(ii). DOE has
found that date of manufacture is often included on the nameplate or
stamped elsewhere on walk-in panels, indicating that it is not overly
burdensome to include and is technologically feasible.
Additionally, In the May 2023 Walk-Ins TP Final Rule, DOE added
test provisions for CO2 unit coolers. 88 FR 28780,28809. To
easily determine which walk-in units these test provisions apply to,
DOE defined CO2 unit coolers as ``unit coolers that includes
a nameplate listing only CO2 as an approved refrigerant''.
88 FR 28780, 28790. Based on walk-in units previously tested by DOE,
DOE expects that most manufacturers are already including a refrigerant
indication on the labels of walk-in unit coolers. Additionally, as
discussed in the May 2023 Walk-ins TP Final Rule, manufacturers
supported the finalized definition for CO2 unit coolers,
including the language regarding the nameplates. Id. As such, DOE has
therefore tentatively concluded that it would not be burdensome for
manufacturers to label unit coolers designed for use with
CO2 as a refrigerant. Additionally, DOE has consulted with
the FTC, and they had no comments on the proposal. Therefore, in this
NOPR, DOE is proposing that unit coolers designed to be used with
CO2 as a refrigerant include the statement ``Only
CO2 is approved as a refrigerant for this system'' on the
unit nameplate.
DOE requests comment on its proposal to require that date of
manufacture be included on a panel nameplate, including its tentative
conclusion that this would be technologically feasible and would not be
burdensome to include. DOE also requests comment on its proposal to
require CO2 unit coolers be labeled with the statement
``Only CO2 is approved as a refrigerant for this system'',
including its tentative conclusion that this would not be burdensome to
include.
4. Labeling Costs and Impact
Labelling requirements for panels are codified at 10 CFR
431.305(a). Since manufacturers are already required to apply a
permanent nameplate to walk-in panels, DOE is assuming that there would
be no additional cost to the nameplate material or nameplate
application if DOE were to finalize its proposal to include date of
manufacturer on the panel nameplate. However, DOE recognizes that
manufacturers may need to make changes to panel nameplates to include
date of manufacture.
DOE is assuming that the date of manufacturer would be
automatically etched or printed on each nameplate and that there would
be a one-time cost for programming date of manufacturer into the
nameplate printing software. DOE estimates that it would take an
electrical engineer a maximum of 8 hours to configure the nameplate
printing software. The current fully burdened wage for an electrical
engineer is $69.97,\23\ resulting in an estimated one-time cost per
manufacturer of $560 to include date of manufacture on panel
nameplates.
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\23\ DOE estimated the hourly wage using data from BLS's
``Occupational Employment and Wages, May 2022'' publication. DOE
used the ``Electrical Engineers'' mean hourly wage of $48.28 to
estimate the hourly wage rate (www.bls.gov/oes/current/oes172071.htm). DOE then used BLS's ``Employer Costs for Employee
Compensation--June 2022'' to estimate that wages and salary account
for approximately 69 percent for private industry workers.
(www.bls.gov/news.release/pdf/ecec.pdf last accessed on December 1,
2022). Therefore, DOE estimated a fully burdened labor rate of
$69.97 ($48.28 / 0.69 = $69.97).
---------------------------------------------------------------------------
DOE is assuming that the statement ``Only CO2 is
approved as a refrigerant for this system'' would be automatically
etched or printed on each nameplate and that there would be a one-time
cost for programming date of manufacturer into the nameplate printing
software. DOE estimates that it would take an electrical engineer a
maximum of 8 hours to configure the nameplate printing software. The
current fully burdened wage for an electrical engineer is $69.97,\24\
resulting in an estimated one-time cost per manufacturer of $560 to
this statement on CO2 unit cooler nameplates for those
manufacturers that would need to make this update to their nameplates.
As previously noted, DOE expects that many manufacturers have already
done so.
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\24\ DOE estimated the hourly wage using data from BLS's
``Occupational Employment and Wages, May 2022'' publication. DOE
used the ``Electrical Engineers'' mean hourly wage of $48.28 to
estimate the hourly wage rate (www.bls.gov/oes/current/oes172071.htm). DOE then used BLS's ``Employer Costs for Employee
Compensation--June 2022'' to estimate that wages and salary account
for approximately 69 percent for private industry workers.
(www.bls.gov/news.release/pdf/ecec.pdf last accessed on December 1,
2022). Therefore, DOE estimated a fully burdened labor rate of
$69.97 ($48.28 / 0.69 = $69.97).
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N. Commercial and Industrial Pumps
DOE is proposing to amend the reporting requirements for commercial
and industrial pumps, which DOE defines as equipment designed to move
liquids (which may include dissolved gases, free solids, and totally
dissolved solids) by physical or mechanical action. A pump includes a
bare pump and, if included by the manufacturer at the time of sale,
mechanical equipment, driver, and controls. 10 CFR 431.462. DOE is
proposing amendments to the reporting requirements for commercial and
industrial pumps in this NOPR.
1. Reporting
Under the existing requirements in 10 CFR 429.59(b)(2) and (b)(4),
manufacturers must report the following as determined according to the
DOE test procedure at appendix A to subpart Y of 10 CFR part 431:
[cir] For section III: the constant load pump energy index
(``PEICL''), the nominal speed of rotation in revolutions per minute
(``rpm''), pump total head in feet at BEP and nominal speed, volume per
unit time (``flow rate'') in gallons per minute (``gpm'') at BEP and
nominal speed, calculated driver power input at each load point
corrected to nominal speed, in horsepower (``hp''), full impeller
diameter in inches (``in''), and for radially split, multi-stage,
vertical, in-line diffuser casing (``RSV'') pumps and submersible
turbine (``ST'') pumps, the number of stages tested. 10 CFR
429.59(b)(2)(i).
[cir] For section IV: all the above in addition to whether the
PEICL is
[[Page 67485]]
calculated or tested. 10 CFR 429.59(b)(2)(ii).
[cir] For section V: variable load pump energy index (``PEIVL'')
instead of PEICL, driver power input measured as the input power to the
driver and controls at each load point corrected to nominal speed, in
hp, and whether PEIVL is calculated or tested. 10 CFR
429.59(b)(2)(iii).
These requirements provide for certifying compliance with the
standards for commercial and industrial pumps manufactured on or after
January 27, 2020. Under the existing requirements in 10 CFR
429.59(b)(3), manufacturers have the option to report pump efficiency
at BEP in percent and PERCL (for constant load pumps) or
pump efficiency at BEP in percent and PERVL (for variable
load pumps), as determined according to appendix A to subpart Y of 10
CFR part 431.
In this NOPR, DOE is proposing to require certification of pump
efficiency at BEP in percent, PERCL, and PERVL--
these metrics would be added to the existing reporting requirements in
10 CFR 429.59(b)(2). DOE is also proposing that manufacturers would be
required to comply with the proposed reporting requirement beginning on
the next certification report annual filing date required for
commercial and industrial pumps following the publication of this rule,
if finalized.
Pump efficiency at BEP, PERCL, and PERVL are
required for calculating PEICL or PEIVL. Some
manufacturers are already reporting pump efficiency at BEP,
PERCL, and/or PERVL, and these metrics are
already calculated in appendix A to subpart Y of 10 CFR part 431. This
reporting requirement would standardize the information reported to DOE
by different pump manufacturers. In addition, having these metrics
available in DOE's compliance certification database would provide pump
end users with greater insight into pump operation at part load
conditions.
DOE seeks comment on its proposal to require certification of pump
efficiency at BEP in percent, constant load pump energy rating
(``PERCL''), and variable load pump energy rating
(``PERVL'').
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to amend the reporting requirements for
commercial and industrial pumps.
For commercial and industrial pumps subject to the test methods
prescribed in section III of appendix A to subpart Y of 10 CFR part
431, manufacturers must currently report the following: (1)
PEICL; (2) the nominal speed of rotation in rpm; (3) pump
total head in feet at BEP and nominal speed; (4) volume per unit time
(flow rate) in gpm at BEP and nominal speed; (5) calculated driver
power input at each load point i, corrected to nominal speed in hp; (6)
full impeller diameter in inches; and (6) for RSV and ST pumps, the
number of stages tested. Manufacturers would additionally report the
pump efficiency at BEP in percent and PERCL for all pumps if
the proposed amendments are adopted.
For pumps subject to the test methods prescribed in section IV or V
of appendix A to subpart Y of 10 CFR part 431, manufacturers currently
report the following: (1) PEICL; (2) the nominal speed of
rotation in rpm; (3) pump total head in feet at BEP and nominal speed;
(4) volume per unit time (flow rate) in gallons per minute at BEP and
nominal speed; (5) driver power input at each load point i, corrected
to nominal speed in hp; (6) full impeller diameter in inches; (7)
whether the PEICL is calculated or tested; and (8) for RSV
and ST pumps, the number of stages tested. Manufacturers would
additionally report pump efficiency at BEP in percent and
PERCL for all pumps if the proposed amendments are adopted.
For pumps subject to the test methods prescribed in section VI or
VII of appendix A to subpart Y of 10 CFR part 431, manufacturers
currently report the following: (1) PEIVL; (2) the nominal
speed of rotation in rpm; (3) pump total head in feet at BEP and
nominal speed; (4) volume per unit time (flow rate) in gpm at BEP and
nominal speed; (5) driver power input (measured as the input power to
the driver and controls) at each load point i, corrected to nominal
speed in hp; (6) full impeller diameter in inches; (7) whether the
PEIVL is calculated or tested; and (8) for RSH and ST pumps,
the number of stages tested. Manufacturers would additionally report
pump efficiency at BEP in percent and PERVL for all pumps if
the proposed amendments are adopted.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers because manufacturers of
commercial and industrial pumps are already submitting certification
reports to DOE and should have readily available the information that
DOE is proposing to collect as part of this rulemaking. DOE does not
believe the revised reporting requirements will cause any appreciable
change in reporting burden or hours as compared to what commercial and
industrial pumps manufacturers are currently doing today.
DOE requests comment on the certification reporting costs of the
amendments proposed for commercial and industrial pumps.
O. Portable Air Conditioners
DOE is proposing to amend the reporting requirements for portable
ACs, which DOE defines as a consumer product that consists of a
portable encased assembly, other than a ``packaged terminal air
conditioner,'' ``room air conditioner,'' or ``dehumidifier,'' that
delivers cooled, conditioned air to an enclosed space, and is powered
by single-phase electric current. 10 CFR 430.2. In the portable AC test
procedure final rule published on May 15, 2023 (``May 2023 Portable AC
Final Rule''), DOE amended the test procedures for portable ACs at
appendix CC to subpart B of 10 CFR part 430 (``appendix CC'') to
incorporate a measure of variable-speed portable AC performance and
make minor clarifying edits. 88 FR 31102. Consistent with that final
rule, DOE is proposing amendments to the reporting requirements.
1. Reporting
The current reporting requirements for portable ACs at 10 CFR
429.62 include the following: (1) the combined energy efficiency ratio
(``CEER'') in Btu/Wh); (2) the seasonally adjusted cooling capacity
(``SACC'') in Btu/h; (3) the duct configuration (i.e., single-duct,
dual-duct, or ability to operate in both configurations); (4) presence
of heating function; and (5) primary condensate removal feature (i.e.,
auto-evaporation, gravity drain, removable internal collection bucket,
or condensate pump). 10 CFR 429.62. These requirements provide for
certifying compliance with the standards that will go into effect for
single-duct and dual-duct portable ACs that are manufactured on or
after January 10, 2025. DOE is proposing to update these requirements
and align the reporting requirements with the recent test procedure
amendments and is also proposing general certification requirements for
portable ACs. DOE discusses these proposed updates in the sections as
follows.
a. Duct-Configuration
DOE defines two portable AC configurations: single-duct and dual-
duct. Single-duct portable ACs draw all the condenser inlet air from
the conditioned space without the means of a duct and discharge the
condenser outlet air outside the conditioned space through a single
duct attached to an adjustable window bracket. Dual-duct portable ACs
draw some or all the
[[Page 67486]]
condenser inlet air from outside the conditioned space through a duct
attached to an adjustable window bracket, may draw additional condenser
inlet air from the conditioned space, and discharge the condenser
outlet air outside the conditioned space by means of a separate duct
attached to an adjustable window bracket. Id.
The current test procedure for portable ACs, found in appendix CC,
notes that if a portable AC is able to operate as both a single-duct
and dual-duct portable AC as distributed in commerce by the
manufacturer, it must be tested and rated for both duct configurations.
Section 3.1.1 in appendix CC.
Similarly, in 10 CFR 429.62(a)(5), DOE states that single-duct and
dual-duct portable ACs distributed in commerce by the manufacturer with
multiple duct configuration options that meet DOE's definitions for
single-duct portable AC and dual-duct portable AC, must be rated and
certified under both applicable duct configurations.
Under the existing certification reporting requirements in 10 CFR
429.62(b)(2), manufacturers of portable ACs must report the following:
(1) the CEER in Btu/Wh; (2) the SACC in Btu/h; (3) the duct
configuration (i.e., single-duct, dual-duct, or ability to operate in
both configurations); (4) presence of heating function; and (5) primary
condensate removal feature (i.e., auto-evaporation, gravity drain,
removable internal collection bucket, or condensate pump).
DOE is proposing to include clarifying amendments to these
reporting requirements to specify that each certification report must
include an indication of the duct configuration used for testing (i.e.,
single-duct or dual-duct) and whether the certified model is
distributed in commerce by the manufacturer with multiple duct
configuration options that meet DOE's definitions for single-duct
portable AC and dual-duct portable AC (i.e., yes or no).
DOE requests comment on the clarifying amendments to 10 CFR
429.62(b)(2) to better represent the intent of the instruction in
appendix CC and 10 CFR 429.62(a)(5).
b. Full-Load Seasonally Adjusted Cooling Capacity
In the May 2023 Portable AC Final Rule, DOE amended the appendix CC
test procedures to include a new capacity metric for variable-speed
portable ACs, full-load seasonally adjusted cooling capacity
(``SACCFull''), for purposes of representation and
certification. 88 FR 31102, 31112-31114. Consistent with that final
rule, DOE is proposing to amend the certification report requirements
by proposing a new section, 10 CFR 429.62(b)(3), to require reporting
whether a basic model is variable-speed, as defined in appendix CC, and
if so, to report the SACCFull, in Btu/h.
DOE seeks comment on requiring whether a basic model is variable-
speed, and if so, to report the SACCFull, in Btu/h.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align portable AC certification
reporting requirements with the May 2023 Portable AC TP Final Rule
requirements applicable to portable ACs manufactured on and after the
June 14, 2023.
For variable-speed portable ACs tested in accordance with appendix
CC as amended in the May 2023 Portable AC TP Final Rule, manufacturers
currently report combined energy efficiency ratio, seasonally adjusted
cooling capacity, the duct configuration, presence of heating function,
and primary condensate removal feature, and would additionally report
full-load seasonally adjusted cooling capacity if the proposed
amendments are adopted.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers beyond those that were
estimated in the January 2020 Portable ACs ECS Final Rule, which first
established the reporting requirements. 85 FR 1378. This is because
manufacturers of portable ACs should already be collecting the
information required for the current certification requirements and
should have readily available the information that DOE is proposing to
collect as part of this rulemaking. DOE does not believe the revised
reporting requirements will cause any appreciable change in reporting
burden or hours as compared to what was estimated in the January 2020
Portable ACs ECS Final Rule.
DOE requests comment on the certification reporting costs of the
amendments proposed for portable ACs.
P. Compressors
DOE is proposing to amend the reporting requirements for
compressors, which DOE defines as machines or apparatuses that convert
different types of energy into the potential energy of gas pressure for
displacement and compression of gaseous media to any higher pressure
values above atmospheric pressure and have a pressure ratio at full-
load operating pressure greater than 1.3. 10 CFR 431.342.
1. Reporting
Under the existing requirements in 10 CFR 429.63(b), a
certification report must include the following public product-specific
information for all compressors: (1) full-load package isentropic
efficiency or part-load package isentropic efficiency, as applicable
(dimensionless); (2) full-load actual volume flow rate (in cubic feet
per minute); (3) compressor motor nominal horsepower (in horsepower);
(4) full-load operating pressure (in pounds per square inch, gauge);
(5) maximum full-flow operating pressure (in pounds per square inch,
gauge); and (6) pressure ratio at full-load operating pressure
(dimensionless). 10 CFR 429.63(b)(i)-(vi).
In addition, for any ancillary equipment that is installed for
test, but is not part of the compressor package as distributed in
commerce (per the requirements of 10 CFR part 431, subpart T, appendix
A, section I(B)(4)), a certification report must include the following
public product-specific information: (1) a general description of the
ancillary equipment, based on the list provided in the first column of
Table 1 of 10 CFR part 431, subpart T, appendix A, section I(B)(4); (2)
the manufacturer of the ancillary equipment; (3) the brand of the
ancillary equipment (if different from the manufacturer); (4) the model
number of the ancillary equipment; (5) the serial number of the
ancillary equipment (if applicable); (6) input voltage (if applicable);
(7) number of phases (if applicable); (8) input frequency (if
applicable); (9) size of any connections (if applicable); and (10) type
of any connections (if applicable). 10 CFR 429.63(b)(vii)(A)-(G). A
certification report must also include installation instructions for
the ancillary equipment, accompanied by photos that clearly illustrate
the ancillary equipment, as installed on compressor package, in a PDF.
10 CFR 429.63(b)(vii)(H).
DOE notes that 10 CFR 429.12(a) states that basic models of covered
products require annual filings on or before the dates provided in 10
CFR 429.12(d), but paragraph (d) does not specifically list an annual
filing date for compressors. In light of this omission, DOE proposes to
explicitly specify in 10 CFR 429.12(d) that compressors should be
recertified annually on or before September 1. Because the energy
conservation standards for compressors do not take effect until January
10, 2025, this annual reporting requirement would not be in effect
until the
[[Page 67487]]
applicable energy conservation standards are in effect.
DOE seeks comment on the proposed annual filing date of September 1
for compressors.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes no changes to the reported information
required for compressors when certifying compliance with the standards
applicable to compressors manufactured on or after January 10, 2025.
DOE only proposes to specify the annual date by which manufacturers
must submit annual certification filings to DOE after the applicable
standards take effect. DOE has tentatively determined that the proposed
amendment would not impose additional costs for manufacturers because
no amendments to the certification report contents are being proposed
in this NOPR. DOE does not believe the revised reporting requirements
would cause any appreciable change in reporting burden or hours as
compared to what compressor manufacturers will begin doing prior to the
January 10, 2025 compliance date.
DOE requests comment on the proposed annual filing date for
compressors and any corresponding certification and reporting costs.
Q. Dedicated-Purpose Pool Pump Motors
DOE is proposing to establish reporting requirements for DPPPMs,
which are electric motors that are single-phase or polyphase and are
designed and/or marketed for use in dedicated-purpose pool pump
(``DPPP'') applications, as defined in sections 1.2, 1.3, and 1.4 of UL
1004-10:2020. 10 CFR 431.483. In the NOPR published on June 21, 2022
(``June 2022 DPPPM NOPR''), DOE proposed to establish energy
conservation standards for DPPPMs. 87 FR 37122. Consistent with that
notice of proposed rulemaking, DOE is proposing amendments to the
reporting requirements.
1. Reporting
There are currently no reporting requirements for DPPPMs. The June
2022 DPPPM NOPR proposed to establish new energy conservation standards
for DPPPM. Therefore, DOE is proposing to align the reporting
requirements with the standards and proposing general certification
requirements for DPPPM. DOE discusses these proposed updates in the
sections as follows.
a. Motor Total Horsepower, Full-Load Efficiency, and Design
Requirements
In the June 2022 DPPPM NOPR, DOE proposed performance standards
(i.e., full load efficiency) and design requirements (i.e., speed
capability) based on DPPPM total horsepower (``THP''). 87 FR 37122,
37123-37124. DOE proposed that the standards, if adopted, would apply
to all DPPPMs manufactured in, or imported into, the United States
starting on the date 2 years (or 24 months) after the publication of
the final rule for the proposed rulemaking.
Further, for DPPPMs greater than or equal to 0.5 THP, DOE proposed
that DPPPMs with freeze protection controls be shipped with the freeze
protection feature disabled, or with the following default, user-
adjustable settings: (a) the default dry-bulb air temperature setting
shall be no greater than 40 [deg]F; (b) the default run time setting
shall be no greater than 1 hour (before the temperature is rechecked);
and (c) the default motor speed in freeze protection mode shall not be
more than half of the maximum operating speed. 87 FR 37122, 37124.
Table III.1 provides the proposed energy conservation standards.
Table III.1--June 2022 DPPPM NOPR Proposed Energy Conservation Standards for Dedicated Purpose Pool Pump Motors
----------------------------------------------------------------------------------------------------------------
Performance
standard: full- Design requirement: Design requirement:
Motor total horsepower (THP) load efficiency speed capability freeze protection
(%)
----------------------------------------------------------------------------------------------------------------
THP < 0.5.............................. 69 None..................... None.
0.5 <= THP < 1.15...................... ................. Variable speed control... Only for DPPP motors with
freeze protection
controls.
1.15 <= THP <= 5....................... ................. Variable speed control... Only for DPPP motors with
freeze protection
controls.
----------------------------------------------------------------------------------------------------------------
As such, in this NOPR, DOE proposes to update the reporting
requirements to include product-specific information that would be
required to certify compliance with any newly established energy
conservation standards. Accordingly, DOE proposes reporting the DPPPM
THP, as the THP is required to determine whether the DPPPM would need
to meet either a performance standard or design requirements. DOE
proposes that the represented value of THP should be determined as
required at 10 CFR 429.65(c)(1)(v).
For DPPPMs less than 0.5 THP, DOE proposes reporting the
performance standard in terms of full load efficiency. DOE proposes
using the test procedure in 10 CFR 431.484 to determine full-load
efficiency, and to report the represented value of THP as required at
10 CFR 429.65(c)(1)(v).
For DPPPMs greater than or equal to 0.5 THP, DOE proposes reporting
the design requirements as follows:
(1) A statement confirming that the DPPPM is variable speed (as
defined at 10 CFR 431.483); and
(2) A statement regarding whether freeze protection is shipped
enabled or disabled; for DPPPMs distributed in commerce with freeze
protection controls enabled, DOE proposes reporting the default dry-
bulb air temperature setting (in [deg]F), default run time setting (in
minutes), maximum operating speed (in revolutions per minute, or rpm),
and default motor speed in freeze protection mode (in revolutions per
minute, or rpm).
Regarding general certification requirements, DOE proposes that
annual filing for DPPPM shall be submitted on or before September 1.
Further, DOE also proposes that the requirements in 10 CFR 429.12
regarding certification apply to DPPPMs.
DOE seeks comment on the proposed reporting requirements for
DPPPMs.
b. Rounding Requirements
DOE proposes to specify rounding requirements for values required
to determine compliance with the proposed energy conservation
standards. Specifically, DOE proposes that manufacturers round DPPPM
THP to the nearest hundredth of THP, consistent with industry practice.
Further, DOE proposes that
[[Page 67488]]
manufacturers round full load efficiency, expressed in percentage, to
the nearest tenth of a percent. This is consistent with how the full
load efficiency of an electric motor is expressed at 10 CFR 431.25 and
10 CFR 431.446, and these electric motors share test methods with
DPPPMs. Finally, for DPPPM basic models with THPs greater than or equal
to 0.5 THP and distributed in commerce with freeze protection controls
enabled, DOE proposes to round the dry-bulb temperature setting
(expressed in [deg]F) run time setting (expressed in minutes), maximum
operating speed (expressed in rpm), and default motor speed in freeze
protection mode (expressed in rpm) to the nearest whole number. This is
consistent with how dry-bulb temperature is expressed in 10 CFR
431.465(h)(1).
DOE seeks comment on the proposed rounding requirements for DPPPMs.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align DPPPM certification reporting
requirements with the proposed energy conservation standard
requirements applicable to DPPPMs manufactured starting on the date 2
years (24 months) after the date of final rule publication of the
energy conservation standard in the Federal Register.
The addition of the proposed reporting requirements for DPPPMs
would newly require manufacturers to report performance characteristics
of these motors. For DPPPMs less than 0.5 THP, full-load efficiency
would need to be reported in addition to THP, and for DPPPMs greater
than or equal to 0.5 THP, freeze protection status and speed control
capability would need to be reported in addition to THP. DOE has
tentatively concluded that these proposed changes would impose
additional cost to manufacturers and importers. The costs associated
with these changes are described in further detail in section IV.C of
this document.
DOE requests comment on the certification reporting costs of the
proposed new reporting requirements for DPPPMs.
R. Air Cleaners
DOE is proposing to establish reporting requirements for air
cleaners, which DOE defines as a product for improving indoor air
quality, other than a central air conditioner, room air conditioner,
portable air conditioner, dehumidifier, or furnace, that is an
electrically-powered, self-contained, mechanically encased assembly
that contains means to remove, destroy, or deactivate particulates,
VOCs, and/or microorganisms from the air. It excludes products that
operate solely by means of ultraviolet light without a fan for air
circulation. 10 CFR 430.2. In a direct final rule published on April
11, 2023 (``April 2023 Air Cleaners DFR''), DOE established new energy
conservation standards for air cleaners. 88 FR 21752. Consistent with
that direct final rule, DOE is proposing to establish new reporting
requirements for air cleaners.
1. Reporting
There are currently no reporting requirements for air cleaners. The
April 2023 Air Cleaners DFR established new energy conservation
standards for air cleaners. 88 FR 21752. In the April 2023 Air Cleaners
DFR, DOE established energy conservation standards based on integrated
energy factor (``IEF''), which is determined as the clean air delivery
rate (``CADR'') \25\ of an air cleaner expressed in terms of
PM2.5 \26\ CADR divided by the annual energy consumption
divided by the annual active mode hours. 88 FR 21752, 27153-21754.
PM2.5 CADR is calculated as the geometric mean of smoke CADR
and dust CADR. 88 FR 21752, 21762.
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\25\ Section 3.14 of the industry standard AHAM AC-1-2020
defines CADR as the measure of the delivery of contaminant free air,
within a defined particle size range, by an air cleaner, expressed
in cubic feet per minute (``cfm''). CADR is the rate of contaminant
reduction in the test chamber when the air cleaner is turned on,
minus the rate of natural decay when the air cleaner is not running,
multiplied by the volume of the test chamber as measured in cubic
feet. Note: CADR values are always the measurement of an air cleaner
performance as a complete system and have no linear relationship to
the air movement per se or to the characteristics of any particle
removal methodology.
\26\ 10 CFR part 430, appendix FF defines PM2.5 via
reference to the industry standard AHAM AC-7-2022, which defines it
as particulate matter that are nominally 2.5 micrometers (``[mu]m'')
in width or smaller.
---------------------------------------------------------------------------
Therefore, DOE is proposing to align the reporting requirements
with the standards and proposing general certification requirements for
air cleaners. DOE discusses these proposed updates in the following
paragraphs.
DOE proposes to establish reporting requirements for air cleaners
at 10 CFR 429.68(b) to include product-specific information that would
be required to certify compliance with the newly established energy
conservation standards. DOE proposes that parties must report the smoke
CADR, dust CADR, and PM2.5 CADR in cfm; annual energy
consumption in kWh/yr; and, IEF in PM2.5 CADR per watt. DOE
is proposing reporting requirements for smoke CADR and dust CADR
because these values are used to determine PM2.5 CADR.
Additionally, in a test procedure final rule published on March 6,
2023 (March 2023 Air Cleaners TP Final Rule), DOE established
requirements for determining pollen CADR and effective room size. 88 FR
14014, 14016. In the March 2023 Air Cleaners TP Final Rule, DOE noted
that many air cleaners are marketed as providing pollen removal and the
ENERGY STAR specification for air cleaners also requires reporting of
pollen CADR. DOE stated that it is important that any representation
related to an air cleaner's pollen CADR performance be made based on
testing conducted in a repeatable and representative manner. 88 FR
14014, 14034. Accordingly, in the March 2023 Air Cleaners TP Final
Rule, DOE referenced the AHAM AC-1-2020 standard to conduct a test to
measure pollen CADR. 88 FR 14014, 14035. While DOE has not established
any energy conservation standards for pollen, DOE is proposing to
include a reporting requirement for pollen CADR in this NOPR to ensure
that consumers have reliable information when making purchasing
decisions.
Additionally, in the March 2023 Air Cleaners TP Final Rule, DOE
established a metric for effective room size because room size would
strongly impact the capacity of the air cleaner that would be required
to clean the air in the desired room. 88 FR 14014, 14036 and 14038.
While DOE has not established any standards pertaining to room size,
DOE is proposing to include a reporting requirement for effective room
size, in square feet, to ensure consumers have reliable information
when making purchasing decisions.
Regarding general certification requirements, DOE proposes that the
annual filing for air cleaners shall be submitted on or before December
1. Further, DOE also proposes that the requirements in 10 CFR 429.12
regarding certification apply to air cleaners. Finally, DOE proposes to
add a new paragraph (i)(6) in 10 CFR 429.12 to note the compliance date
for air cleaners is December 31, 2023.
DOE requests comment on the proposed reporting requirements for air
cleaners.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align air cleaner certification
reporting requirements with the energy conservation standard
requirements established in the April 2023 Air Cleaners DFR, such that
the reporting requirements are applicable to air cleaners manufactured
on and after December 31, 2023.
The addition of the proposed reporting requirements for air
cleaners would newly require manufacturers to
[[Page 67489]]
report this information. DOE has tentatively concluded that these
proposed reporting requirements would impose additional cost to
manufacturers and importers. The costs associated with these changes
are described in further detail in section IV.C of this document.
DOE requests comment on the certification reporting costs of the
proposed new reporting requirements for air cleaners.
S. Single Package Vertical Units
DOE is proposing to amend the reporting requirements for single
package vertical air conditioners (``SPVACs'') and single package
vertical heat pumps (``SPVHPs''), collectively referred to as ``single
package vertical units'' (``SPVUs'').
DOE defines an SPVAC as air-cooled commercial package air
conditioning and heating equipment that: (1) is factory-assembled as a
single package that: (i) has major components that are arranged
vertically; (ii) is an encased combination of cooling and optional
heating components; and (iii) is intended for exterior mounting on,
adjacent interior to, or through an outside wall; (2) is powered by a
single-phase or three-phase current; (3) may contain one or more
separate indoor grilles, outdoor louvers, various ventilation options,
indoor free air discharges, ductwork, well plenum, or sleeves; and (4)
has heating components that may include electrical resistance, steam,
hot water, or gas, but may not include reverse cycle refrigeration as a
heating means. 10 CFR 431.92. Additionally, DOE defines an SPVHP as a
single package vertical air conditioner that: (1) uses reverse cycle
refrigeration as its primary heat source; and (2) may include secondary
supplemental heating by means of electrical resistance, steam, hot
water, or gas. Id.
In a test procedure final rule published in the Federal Register on
December 7, 2022 (``December 2022 SPVU TP final rule''), DOE added
definitions for ``single-phase single package vertical air conditioner
with cooling capacity less than 65,000 Btu/h'' and ``single-phase
single package vertical heat pump with cooling capacity less than
65,000 Btu/h.'' 87 FR 75144, 75167-75168; 10 CFR 431.92. DOE defines
this equipment as SPVAC and SPVHP that are either: (1) weatherized, or
(2) non-weatherized and have optional ventilation air provisions
available with the ability to draw in and condition a minimum of 400
CFM of outdoor air, as determined in accordance with 10 CFR
429.134(x)(3), while the equipment is operating with the same drive kit
and motor settings used to determine the certified efficiency rating of
the equipment. Id.
The Federal test procedures are applicable to SPVUs with a cooling
capacity less than 760,000 Btu/h. (42 U.S.C. 6311(8)(D)(ii)) In the
December 2022 SPVU TP final rule, DOE incorporated by reference AHRI
390-2021 which maintains the existing efficiency metrics--energy
efficiency ratio (``EER'') for cooling mode and coefficient of
performance (``COP'') for heating mode--but it also added a seasonal
efficiency metric that includes part-load cooling performance--
integrated energy efficiency ratio (``IEER''). 87 FR 75144, 75167-75170
(Dec. 7, 2022). In an energy conservation standards NOPR published in
the Federal Register on December 8, 2022 (``December 2022 SPVU ECS
NOPR''), DOE proposed to amend the energy conservation standards for
SPVUs to be based on the IEER metric for cooling efficiency (while
retaining the COP metric for determining the heating efficiency of
SPVHPs). 87 FR 75388, 75421. Consistent with the December 2022 SPVU TP
final rule and the December 2022 SPVU ECS NOPR, DOE is proposing
amendments to the reporting requirements for SPVUs that would be
utilized with energy conservation standards denominated in terms of
IEER, should DOE adopt such standards.
1. Reporting
Under the existing requirements for SPVACs and SPVHPs in 10 CFR
429.43(b)(2)(v) and 10 CFR 429.43(b)(2)(vi), respectively,
manufacturers must report the following information for SPVACs and
SPVHPs: the energy efficiency ratio (EER in British thermal units per
Watt-hour (Btu/Wh)) and the rated cooling capacity in British thermal
units per hour (Btu/h). For SPVHPs, manufacturers must additionally
report the coefficient of performance (COP).
These requirements provide for certifying compliance with the
applicable standards for SPVUs manufactured on and after September 23,
2019 for units with cooling capacity <65,000 Btu/h, on and after
October 9, 2015 for units >=65,000 Btu/h and <135,000 Btu/h, and on and
after October 9, 2016 for units >=135,000 Btu/h and <240,000 Btu/h.
These energy conservation standards for SPVUs are codified in DOE's
regulations at 10 CFR 431.97(d)(3). DOE is proposing to update these
requirements and align the reporting requirements with the amended
energy conservation standards proposed in the December 2022 SPVU ECS
NOPR. DOE discusses these proposed updates in the sections as follows.
a. Revising Certification Reporting Requirements at 10 CFR
429.43(b)(2)(v) and 10 CFR 429.43(b)(2)(vi) When Certifying SPVUs of
All Rated Capacities With IEER Standards
SPVU manufacturers are currently required to certify compliance
with EER and, for SPVHPs, also COP standards, in addition to the other
reported items mentioned previously. In this NOPR, DOE is proposing
certification requirements when certifying compliance of SPVUs of all
rated capacities with IEER standards, should such standards be adopted.
Specifically, DOE proposes to include the following at 10 CFR
429.43(b)(2)(v)(B) and (b)(2)(vi)(B) when certifying compliance an IEER
standard: the integrated energy efficiency ratio (IEER in British
thermal units per Watt-hour (Btu/Wh)), the rated cooling capacity in
British thermal units per hour (Btu/h), and the rated airflow in
standard cubic feet per minute (SCFM). Additionally, DOE proposes to
include a requirement to certify the coefficient of performance (COP)
for SPVHPs at 10 CFR 429.43(b)(2)(vi)(B). DOE also proposes to move the
existing text in 10 CFR 429.43(b)(2)(v) and 10 CFR 429.43(b)(2)(vi) to
10 CFR 429.43(b)(2)(v)(A) and 10 CFR 429.43(b)(2)(vi)(A), respectively.
DOE seeks comment on its proposed certification requirements for
SPVUs of all rated capacities when certifying compliance with IEER
standards.
b. Additional Certification Reporting Requirements for SPVUs With a
Cooling Capacity <65,000 Btu/h
As discussed previously, DOE added definitions at 10 CFR 431.92 for
single-phase SPVACs and SPVHPs with a cooling capacity less than 65,000
Btu/h. For non-weatherized equipment, the definition requires these
SPVUs to have the capability to draw in and condition up to 400 CFM of
outdoor air. The method for determining this outdoor ventilation
airflow rate is provided at 10 CFR 429.134(x)(3). DOE is proposing to
require single-phase SPVAC and SPVHP with cooling capacity less than
65,000 Btu/h to report whether the unit is weatherized or non-
weatherized, and if non-weatherized, the amount of outdoor air which it
is capable of drawing in and conditioning while the equipment is
operating with the same drive kit and motor settings used to determine
its certified efficiency rating. These requirements will apply when
certifying compliance with energy conservation
[[Page 67490]]
standards denominated in terms of IEER, should DOE adopt such
standards.
DOE seeks comment on its proposed additional certification
requirements for SPVUs with a cooling capacity less than 65,000 Btu/h.
c. Updating Supplemental Testing Instructions for SPVACs and SPVHPs
Manufacturers are currently required to submit Supplemental Testing
Instructions (``STIs'') regarding: additional test instructions if
applicable; if a variety of motors/drive kits are offered for sale as
options in the basic model to account for varying installation
requirements, the model number and specifications of the motor (to
include efficiency, horsepower, open/closed, and number of poles) and
the drive kit, including settings, associated with that specific motor
that were used to determine the certified rating; and which, if any,
special features were included in rating the basic model. 10 CFR
429.43(b)(4)(vi) and (b)(4)(vii). DOE proposes to further specify the
information manufacturers must report in their STIs that would enable
the independent conduct a test of the relevant equipment to the updated
test procedure in terms of IEER, including requirements to report
compressor break-in period and outdoor air-side attachments, and to
align with corresponding requirements for CUACs, where appropriate.
In all, DOE proposes to maintain the current requirements of 10 CFR
429.43(b)(4)(vi) and (b)(4)(vii), but move them to 10 CFR
429.43(b)(4)(vi)(A) and (b)(4)(vii)(A) respectively for EER
certification. DOE proposes to add new provisions for SPVACs and SPVHPs
in 10 CFR 429.43(b)(4)(vi)(B) and (b)(4)(vii)(B) for IEER certification
to require: Compressor break-in period duration; rated indoor airflow
in standard cubic feet per minute (SCFM); frequency or control set
points, including the required dip switch/control settings for step or
variable speed components (e.g., compressors, VFDs); rated indoor
airflow in SCFM for each part-load point used in the IEER calculation
and any special instructions required to obtain operation at each part-
load point, such as frequency or control set points including dip
switch/control settings for step or variable speed components (e.g.,
compressors, VFDs); a statement whether the model will operate at test
conditions without manufacturer programming; any additional testing
instructions, if applicable; and if a variety of motors/drive kits are
offered for sale as options in the basic model to account for varying
installation requirements, the model number and specifications of the
motor (to include efficiency, horsepower, open/closed, and number of
poles) and the drive kit, including settings, associated with that
specific motor that were used to determine the certified rating;
outdoor air-side attachments used for testing, or any additional
applicable testing instructions, are also required. Additionally, for
SPVHPs, DOE proposes to add a requirement in 10 CFR
429.43(b)(4)(vii)(B) for the rated airflow in SCFM in heating mode if
the unit is designed to operate with different airflow rates for
cooling and heating mode.
The proposed certification requirements provide further direction
to the existing requirements and would not result in significant
additional burden for manufacturers. Where DOE identifies specific
test-related information, the relevant information is already collected
by or available to the manufacturer, and that as such, reporting that
information to DOE would result in minimal additional burden.
DOE seeks comment on its proposed supplemental testing instructions
requirements for SPVUs when certifying compliance with IEER standards,
should such standards be adopted.
d. AEDM Tolerance for IEER
DOE's existing testing regulations allow the use of an AEDM, in
lieu of testing, to simulate the efficiency of SPVUs. 10 CFR 429.43(a).
For models certified with an AEDM, results from DOE verification tests
are subject to certain tolerances when compared to certified ratings.
Currently, DOE specifies a 5-percent tolerance for SPVUs verification
tests for both EER and COP, identical to the current tolerance
specified for these single-point metrics for other categories of
commercial air conditioners and heat pumps. See table 2 to paragraph
(c)(5)(vi)(B) at 10 CFR 429.70. For integrated seasonal metrics (i.e.,
IEER) for other categories of commercial air conditioners and heat
pumps, DOE specifies a 10-percent tolerance. See Id. In alignment with
such tolerances, DOE is proposing to specify a 10-percent tolerance for
IEER for SPVUs.
DOE seeks comment on its proposal to specify a tolerance of 10
percent for SPVU verification tests for IEER.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align SPVU certification reporting
requirements with the amended energy conservation standards proposed in
the December 2022 SPVU ECS NOPR.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers, because manufacturers of
SPVUs are already submitting certification reports to DOE and should
have readily available the information that DOE is proposing to collect
as part of this rulemaking. DOE does not believe the revised reporting
requirements will cause any appreciable change in reporting burden or
hours as compared to what SPVU manufacturers are currently doing.
DOE requests comment on the certification reporting costs of the
amendments proposed for SPVUs.
T. Ceiling Fan Light Kits
DOE is proposing to amend the reporting requirements for CFLKs,
which DOE defines as equipment designed to provide light from a ceiling
fan that can be (1) integral, such that the equipment is attached to
the ceiling fan prior to the time of retail sale; or (2) attachable,
such that at the time of retail sale the equipment is not physically
attached to the ceiling fan, but may be included inside the ceiling fan
at the time of sale or sold separately for subsequent attachment to the
fan. 10 CFR 430.2.
1. Reporting
In 10 CFR 429.33(b)(2)(ii)(A) and (b)(3)(ii)(B), DOE specifies
information that must be included in the certification report for each
basic model of CFLK manufactured on or after January 21, 2020. These
paragraphs specify these requirements for ``for each basic model of
lamp and/or each basic model of non-consumer-replaceable SSL packaged
with the ceiling fan light kit.'' On April 10, 2023, DOE published a
final rule amending CFLK test procedures. 88 FR 21061 (``April 2023
CFLK TP Final Rule''). In this rule, to clarify terminology used in the
test procedure, DOE replaced the terms ``other SSL products'' and
``integrated SSL circuitry'' with, respectively, ``consumer-replaceable
SSL'' and ``non-consumer-replaceable SSL'' in the CFLK test procedure
appendix, 10 CFR 429.33, 10 CFR 430.23(x), and 10 CFR 430.32(s)(6). 88
FR 21061, 21067-21068. Because 10 CFR 429.33(b)(2)(ii)(A) and
(b)(3)(ii)(B) only specified ``integrated SSL circuitry'' and omitted
``other SSL products,'' the April 2023 CFLK TP Final Rule only replaced
``integrated SSL circuitry'' with ``non-consumer-replaceable SSL'' and
did not include ``consumer replaceable SSL'', the replacement term for
``other SSL products.'' 88 FR 21061, 21072. Hence, CFLKs packaged with
consumer-
[[Page 67491]]
replaceable SSL are inadvertently omitted from this language. DOE is
proposing modify this language to include them and read as follows,
``for each basic model of lamp, each basic model of consumer-
replaceable SSL, and/or each basic model of non-consumer-replaceable
SSL packaged with the ceiling fan light kit''. This proposed
modification to 10 CFR 429.33(b)(2)(ii)(A) and (b)(3)(ii)(B) will
ensure that all types of CFLKs are explicitly included in certification
requirements.
DOE requests comment on the proposed correction to existing CFLK
certification requirements.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to correct the existing certification
reporting requirements for CFLKs manufactured on or after January 21,
2020.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers because manufacturers of
CFLKs are already submitting certification reports to DOE and should
have readily available the information that DOE is proposing to collect
as part of this rulemaking. DOE does not believe the revised reporting
requirements will cause any appreciable change in reporting burden or
hours as compared to what CFLK manufacturers are currently doing today.
DOE requests comment on the certification reporting costs of the
amendments proposed for CFLKs.
U. Additional Corrections
10 CFR 429.12(i) includes the compliance dates for certain
products. Specifically, the instructions state that for any product
subject to an applicable energy conservation standard for which the
compliance date has not yet occurred, the manufacturer must submit a
certification report no later than the compliance date for the
applicable energy conservation standard. However, for the covered
products currently listed in 10 CFR 429.12(i), the compliance dates for
initial certification have already occurred. Accordingly, DOE proposes
to remove the covered products and associated compliance dates in 10
CFR 429.12(i)(1)-(5). DOE also proposes to add three new paragraphs at
10 CFR 429.12(i)(1)-(3) for air cleaners, DPPPMs, and DX-DOASes.
Initial certification would be required by December 31st, 2023 for air
cleaners and May 1st, 2024 for DX-DOASes. For DPPPMs, initial
certification would be required 24 months after date of publication of
a final rule amending DPPPM standards.
DOE provides definitions related to the energy efficiency program
for certain commercial and industrial equipment in 10 CFR 431.2. In
this section, DOE has identified updates needed in two definitions. The
definition for ``covered equipment'' lists covered equipment and notes
where the covered equipment term is defined within 10 CFR. ``Commercial
heating, ventilating, and air conditioning, and water heating product
(HVAC & WH product)'' are included in this list and refers to this term
as defined in Sec. 431.172. However, this term is defined in 10 CFR
431.2, rather than Sec. 431.172. As such, DOE is proposing to update
the definition for ``covered equipment'' to update the reference to the
definition for ``commercial heating, ventilating, and air conditioning,
and water heating product'' in 10 CFR 431.2.
Additionally, as mentioned above, the definition of ``covered
equipment'' in 10 CFR 431.2 is intended to reference each equipment
type covered within 10 CFR part 431. The current definition does not
include all covered equipment types. Therefore, DOE is proposing to add
these equipment types and their corresponding definition section
references within the definition of covered equipment in 10 CFR 431.2.
Specifically, DOE proposes to add references to: fan or blower, as
defined in Sec. 431.172; compressor, as defined in Sec. 431.342;
small electric motor, as defined in Sec. 431.442; pump, as defined in
Sec. 431.462; and dedicated purpose pool pump motor, as defined in
Sec. 431.483.
DOE requests comment on the proposed updates to compliance dates
listed in 10 CFR 429.12 and to the ``covered equipment'' definition in
10 CFR 431.2.
V. Draft Certification Templates for Review
To help interested parties better understand and review the
proposed amendments discussed in the earlier sections of this NOPR, DOE
has developed a draft document that includes example tables showing the
certification report template inputs as would be required in accordance
with the proposals in this NOPR, if finalized.\27\ The draft tables
also include the data entry requirements for each field in the
certification report input table.
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\27\ The draft reporting template requirements will be made
available in docket number EERE-2023-BT-CE-0001, available at
www.regulations.gov, upon publication of this NOPR.
_____________________________________-
The draft certification table headers are not reflective of the
final certification regulations that may be adopted by a subsequent
final rule, nor do they represent the entirety of the information
required in a certification report. Upon completion of this rulemaking,
DOE will revise the reporting templates to reflect the final
certification regulations once DOE has received approval from OMB to
collect the revised information. The specific templates that should be
used for certifying compliance of covered products and equipment to DOE
are available for download at www.regulations.doe.gov/ccms/templates.
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866, 13563, and 14094
Executive Order (``E.O.'') 12866, ``Regulatory Planning and
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving
Regulation and Regulatory Review,'' 76 FR 3821 (Jan. 21, 2011), and
amended by E.O. 14094, ``Modernizing Regulatory Review,'' 88 FR 21879
(April 11, 2023), requires agencies, to the extent permitted by law, to
(1) propose or adopt a regulation only upon a reasoned determination
that its benefits justify its costs (recognizing that some benefits and
costs are difficult to quantify); (2) tailor regulations to impose the
least burden on society, consistent with obtaining regulatory
objectives, taking into account, among other things, and to the extent
practicable, the costs of cumulative regulations; (3) select, in
choosing among alternative regulatory approaches, those approaches that
maximize net benefits (including potential economic, environmental,
public health and safety, and other advantages; distributive impacts;
and equity); (4) to the extent feasible, specify performance
objectives, rather than specifying the behavior or manner of compliance
that regulated entities must adopt; and (5) identify and assess
available alternatives to direct regulation, including providing
economic incentives to encourage the desired behavior, such as user
fees or marketable permits, or providing information upon which choices
can be made by the public. DOE emphasizes as well that E.O. 13563
requires agencies to use the best available techniques to quantify
anticipated present and future benefits and costs as accurately as
possible. In its guidance, the Office of Information and Regulatory
Affairs (``OIRA'') in the Office of Management
[[Page 67492]]
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 proposed 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. This action does
not constitute a significant 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'')
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 Executive Order 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE
published procedures and policies on February 19, 2003, to ensure that
the potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's website: www.energy.gov/gc/office-general-counsel. DOE
reviewed this proposed rule under the provisions of the Regulatory
Flexibility Act and the procedures and policies published on February
19, 2003.
DOE has tentatively concluded that the removal of outdated
reporting requirements and the addition of new reporting requirements
adopted in this final rule will not impose additional costs for
manufacturers of CAC/HPs, DWs, RCWs, dehumidifiers, EPSs, battery
chargers, CRACs, three-phase, less than 65,000 Btu/h ACUACs and ACUHPs,
three-phase, less than 65,000 Btu/h VRF, ACIMs, walk-ins, commercial
and industrial pumps, portable ACs, compressors, SPVUs, and CFLKs for
the reasons discussed in section III of this document. For these
products and equipment, DOE has determined that the amendments will not
impose additional costs for manufacturers because manufacturers are
already submitting certification reports to DOE and should have readily
available the information that DOE is requiring as part of this
proposed rulemaking. Consequently, for these types of covered products
and equipment, the changes in this proposed rule are not expected to
have a significant economic impact on related entities regardless of
size.
For electric pool heaters, no certification is currently required.
This proposal would add reporting requirements to align with the
amended energy conservation standards finalized in the May 2023 Pool
Heaters Final Rule, which established new and amended energy
conservation standards for electric pool heaters. 88 FR 34624.
Therefore, electric pool heater manufacturers would incur additional
paperwork costs.
Consumer pool heaters are classified under NAICS code 333414,
``heating equipment (except warm air furnaces) manufacturing.'' The SBA
sets a threshold of 500 employees or fewer for an entity to be
considered as a small business for this category. DOE used publicly
available information to identify potential small manufacturers. DOE's
research involved industry trade association membership directories
(e.g., AHRI), information from previous rulemakings, individual company
websites, and market research tools (e.g., D&B Hoovers reports) to
create a list of companies that manufacture consumer pool heaters. DOE
also asked stakeholders and industry representatives if they were aware
of any additional small manufacturers during manufacturer interviews.
DOE reviewed publicly available data and contacted various companies on
its complete list of manufacturers to determine whether they met the
SBA's definition of a small business manufacturer. DOE screened out
companies that do not offer products impacted by this rulemaking, do
not meet the definition of a ``small business,'' or are foreign-owned
and operated. DOE identified 21 companies manufacturing consumer pool
heaters covered by this proposed rulemaking. Of these manufacturers,
DOE identified six as domestic small businesses. None of these six
businesses manufacture gas fired pool heaters. Five manufacture
electric heat pump pool heaters and one manufactures electric
resistance pool heaters. DOE estimates that the increased certification
burden would result in 35 hours per manufacturer to develop the
required certification reports. Therefore, based on a fully burdened
labor rate of $67 per hour, the estimated total annual cost to
manufacturers would be $2,345 per manufacturer.\28\ Using available
public information, DOE estimated the average annual revenue of the six
small businesses. Among the small businesses, the lowest estimated
annual revenue was approximately $259,000--therefore, this additional
certification cost of $2,345 per manufacturer represents less than 1
percent of the identified manufacturer's annual revenue.
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\28\ Supporting Statement for Certification Reports, Compliance
Statements, Application for a Test Procedure Waiver, and Recording
keeping for Consumer Products and Commercial Equipment Subject to
Energy or Water Conservation Standards. Available at omb.report/icr/
202112-1910-001/doc/117137200.
---------------------------------------------------------------------------
Additionally, for DX-DOASes, no certification is currently
required. This proposal would add reporting requirements to align with
the new energy conservation standards. 10 CFR 431.97(g). Therefore, DX-
DOASes manufacturers would incur additional paperwork costs as well.
DX-DOASes are classified under NAICS code 333415,\29\ ``Air-
Conditioning and Warm Air Heating Equipment and Commercial and
Industrial Refrigeration Equipment Manufacturing.'' The SBA sets a
threshold of 1,250 employees or fewer for an entity to be considered as
a small business for this category. In reviewing the DX-DOAS market,
DOE used company websites, marketing research tools, product
catalogues, and other public information to identify companies that
manufacture DX-DOASes. DOE screened out companies that do not meet the
definition of ``small business'' or are foreign-owned and operated. DOE
used subscription-based business information tools to determine
headcount, revenue, and geographic presence of the small businesses.
DOE identified twelve companies manufacturing DX-DOASes covered by this
rulemaking. Of these manufacturers, DOE identified one as a domestic
small business. DOE estimates that the increased certification burden
would result in 35 hours per manufacturer to develop the required
certification reports. Therefore, based on a fully burdened labor rate
of $67 per hour, the estimated total annual cost to manufacturers would
be $2,345 per manufacturer.\30\ DOE understands the annual revenue of
the small business
[[Page 67493]]
that manufactures DX-DOASes to be approximately $66 million. 87 FR
5560, 5584. Therefore, this additional certification cost of $2,345 per
manufacturer represents significantly less than 1 percent of the
identified manufacturer's annual revenue.
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\29\ The business size standards are listed by NAICS code and
industry description and are available at www.sba.gov/document/support-table-size-standards (last Accessed July 29th, 2021).
\30\ Supporting Statement for Certification Reports, Compliance
Statements, Application for a Test Procedure Waiver, and Recording
keeping for Consumer Products and Commercial Equipment Subject to
Energy or Water Conservation Standards. Available at omb.report/icr/
202112-1910-001/doc/117137200.
---------------------------------------------------------------------------
This document also proposes certification reporting requirements
for commercial electric instantaneous water heaters, which would align
with the previously inadvertently omitted energy conservation standards
put in place by EPCA and were proposed in the May 2022 CWH NOPR. 87 FR
30610. As a result, commercial electric instantaneous water heater
manufacturers would incur additional paperwork costs. CWH equipment is
classified under NAICS code 333310,\31\ ``Commercial and Service
Industry Machinery Manufacturing.'' In 13 CFR 121.201, the SBA sets a
threshold of 1,000 employees or fewer for an entity to be considered as
a small business for this category. DOE's analysis relied on publicly
available databases to identify potential small businesses that
manufacture equipment covered in this rulemaking. DOE utilized the
California Energy Commission's MAEDbS,'' \32\ DOE's ENERGY STAR
Database,\33\ and DOE's CCD \34\ in identifying manufacturers. DOE's
research identified nine original equipment manufacturers (``OEMs'') of
commercial electric instantaneous water heaters being sold in the U.S.
market. Of these nine companies, DOE has identified three as domestic
small businesses. The small businesses do not currently certify any
other CWH equipment to DOE's Compliance Certification Management System
(``CCMS''). DOE estimates that the increased certification burden would
result in 35 hours per manufacturer to develop the required
certification reports. Therefore, based on a fully burdened labor rate
of $67 per hour, the estimated total annual cost to manufacturers would
be $2,345 per manufacturer.\35\ Using available public information, DOE
estimated the annual revenue for all three small businesses that
manufacture commercial electric instantaneous water heaters. The small
business with the least annual revenue has an annual revenue of
approximately $10,400,000. Therefore, this additional certification
cost of $2,345 per manufacturer represents significantly less than 1
percent of each identified manufacturer's annual revenue.
---------------------------------------------------------------------------
\31\ The business size standards are listed by NAICS code and
industry description and are available at www.sba.gov/document/support-table-size-standards (last accessed March 7th, 2023).
\32\ MAEDbS can be accessed at https://www.energy.ca.gov/programs-and-topics/programs/appliance-efficiency-program-outreach-and-education/modernized (last accessed July 15th, 2021).
\33\ ENERGY STAR-certified products can be found in the ENERGY
STAR database accessed at www.energystar.gov/productfinder/product/certified-commercial-water-heaters/results (last accessed July 15th,
2021).
\34\ Certified equipment in the CCD are listed by product class
and can be accessed at www.regulations.doe.gov/certification-data/#q=Product_Group_s%3A* (last accessed July 15th, 2021).
\35\ Supporting Statement for Certification Reports, Compliance
Statements, Application for a Test Procedure Waiver, and Recording
keeping for Consumer Products and Commercial Equipment Subject to
Energy or Water Conservation Standards. Available at omb.report/icr/
202112-1910-001/doc/117137200.
---------------------------------------------------------------------------
For DPPPMs, no certification is currently required. This proposal
would add reporting requirements to align with the energy conservation
standards proposed in the June 2022 DPPPM NOPR, which proposed new
energy conservation standards for DPPPMs. 87 FR 37122. Therefore, DPPPM
manufacturers would incur additional paperwork costs. DPPPMs are
classified under NAICS code 335312, ``Motor and Generator
Manufacturing.'' The SBA sets a threshold of 1,250 employees or fewer
for an entity to be considered as a small business in this category.
DOE screened out companies that do not offer products impacted by this
rulemaking, do not meet the definition of a ``small business,'' or are
foreign-owned and operated. DOE identified five companies manufacturing
DPPPMs for the domestic market. Of those, DOE determined that one
company met the SBA definition of a small business. DOE estimates that
the increased certification burden would result in 35 hours per
manufacturer to develop the required certification reports annually.
Therefore, based on a fully burdened labor rate of $67 per hour, the
estimated total annual cost to manufacturers would be $2,345 per
manufacturer.\36\ DOE was able to identify an annual revenue estimate
of approximately $28.2 million for the small business.\37\ Therefore,
this additional certification cost of $2,345 per manufacturer
represents significantly less than 1 percent of the identified
manufacturer's annual revenue.
---------------------------------------------------------------------------
\36\ Supporting Statement for Certification Reports, Compliance
Statements, Application for a Test Procedure Waiver, and Recording
keeping for Consumer Products and Commercial Equipment Subject to
Energy or Water Conservation Standards. Available at omb.report/icr/
202112-1910-001/doc/117137200.
\37\ The small business's annual revenue estimate is taken from
D&B Hoovers (app.avention.com).
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This proposal would also add reporting requirements to align with
the energy conservation standards established in the April 2023 Air
Cleaners DFR, which developed new energy conservation standards for air
cleaners. Therefore, air cleaner manufacturers would incur additional
paperwork costs. Air cleaners are classified under NAICS code 335210,
``Small Electrical Appliance Manufacturing.'' The SBA sets a threshold
of 1,500 employees or fewer for an entity to be considered as a small
business for this category. DOE conducted a market survey to identify
potential small manufacturers of air cleaners. DOE began its assessment
by reviewing Association of Home Appliance Manufacturers' (AHAM's)
database \38\ of air cleaners, models in ENERGY STAR V.2.0,\39\
California Air Resources Board,\40\ and individual company websites.
DOE then consulted publicly available data, such as manufacturer
websites, manufacturer specifications and product literature, and
import/export logs (e.g., bills of lading from Panjiva \41\), to
identify OEMs of air cleaners. DOE further relied on public data and
subscription-based market research tools (e.g., Dun & Bradstreet
reports \42\) to determine company, location, headcount, and annual
revenue. DOE screened out companies that do not offer products covered
by this proposed rulemaking, do not meet the SBA's definition of a
``small business,'' or are foreign-owned and operated. DOE initially
identified 43 OEMs that sell air cleaners in the United States. Of the
43 OEMs identified, DOE tentatively determined four companies qualify
as small businesses and are not foreign-owned and operated. DOE
estimates that the increased certification burden would result in 35
hours per manufacturer to develop the required certification reports.
Therefore, based on a fully burdened labor rate of $67 per hour, the
estimated total annual cost to manufacturers would be $2,345 per
manufacturer.\43\ Using available public
[[Page 67494]]
information, DOE estimated the annual revenue for all four small
businesses that manufacture air cleaners. The small business with the
least annual revenue has an annual revenue of approximately $1.3
million. Therefore, this additional certification cost of $2,345 per
manufacturer represents significantly less than 1 percent of each
identified manufacturer's annual revenue.
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\38\ Association of Home Appliance Manufacturers. ``Find a
Certified Room Air Cleaner.'' Available at ahamverifide.org/directory-of-air-cleaners/ (last accessed January 24, 2022).
\39\ Available at data.energystar.gov/Active-Specifications/ENERGY-STAR-Certified-Room-Air-Cleaners/jmck-i55n/data (last
accessed May 31, 2022).
\40\ The California Air Resources Board. ``List of CARB-
Certified Air Cleaning Devices.'' Available at ww2.arb.ca.gov/list-carb-certified-air-cleaning-devices (last accessed May 31, 2022).
\41\ S&P Global. Panjiva Market Intelligence is available at
panjiva.com/import-export/United-States (last accessed May 5, 2022).
\42\ The Dun & Bradstreet Hoovers login is available at
app.dnbhoovers.com.
\43\ Supporting Statement for Certification Reports, Compliance
Statements, Application for a Test Procedure Waiver, and Recording
keeping for Consumer Products and Commercial Equipment Subject to
Energy or Water Conservation Standards. Available at omb.report/icr/
202112-1910-001/doc/117137200.
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DOE reviewed this proposed rule under the provisions of the
Regulatory Flexibility Act and the policies and procedures published on
February 19, 2003. On the basis of the forgoing, DOE initially
concludes that the impacts of the amendments to DOE's certification
regulations proposed in this NOPR would not have a ``significant
economic impact on a substantial number of small entities.''
Accordingly, DOE has not prepared an IRFA for this NOPR. DOE will
transmit this certification of no significant impact on a substantial
number of small entities and supporting statement of factual basis to
the Chief Counsel for Advocacy of the SBA for review under 5 U.S.C.
605(b).
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of CAC/HPs, DWs, RCWs, pool heaters, dehumidifiers,
EPSs, battery chargers, CRACs, DX-DOASes, three-phase, less than 65,000
Btu/h ACUACs and ACUHPs, three-phase, less than 65,000 Btu/h VRF, CWHs,
ACIMs, walk-ins, commercial and industrial pumps, portable ACs,\44\
compressors, DPPPMs, air cleaners, and SPVUs must certify to DOE that
their products comply with any applicable energy conservation
standards. To certify compliance, manufacturers must first obtain test
data for their products according to the DOE test procedures. DOE has
established regulations for the certification and recordkeeping
requirements for all covered consumer products and commercial
equipment, including CAC/HPs, DWs, RCWs, pool heaters, dehumidifiers,
EPSs, battery chargers, CRACs, DX-DOASes, three-phase, less than 65,000
Btu/h ACUACs and ACUHPs, three-phase, less than 65,000 Btu/h VRF, CWHs,
ACIMs, walk-ins, commercial and industrial pumps, portable ACs,
compressors, DPPPMs, air cleaners, SPVUs, and CFLKs. (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''). DOE's current
reporting requirements are 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.
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\44\ The certification reporting requirements for portable ACs
were established in the January 2020 Portable ACs ECS Final Rule.
However, the energy conversation standard for portable ACs does not
go into effect until January 2025, until which time manufacturers
may optionally submit certification reports to DOE.
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1. Description of the Requirements
DOE is proposing to establish or amend the reporting requirements
for CAC/HPs, DWs, RCWs, pool heaters, dehumidifiers, EPSs, battery
chargers, CRACs, DX-DOASes, three-phase, less than 65,000 Btu/h ACUACs
and ACUHPs, three-phase, less than 65,000 Btu/h VRF, CWHs, ACIMs, walk-
ins, commercial and industrial pumps, portable ACs, compressors,
DPPPMs, air cleaners, SPVUs, and CFLKs. DOE will send a revised
information collection approval to OMB under the existing Control
Number 1910-1400. The revisions will just reflect the changes proposed
in this rulemaking as an amendment to the existing information
collection.
2. Method of Collection
DOE is proposing that respondents must submit electronic forms
using DOE's online CCMS. DOE's CCMS is publicly accessible at
www.regulations.doe.gov/ccms/, and includes instructions for users,
registration forms, and the product-specific reporting templates
required for use when submitting information to CCMS.
3. Data
The following are DOE estimates of the total annual reporting and
recordkeeping burden imposed on manufacturers of CAC/HPs, DWs, RCWs,
pool heaters, dehumidifiers, EPSs, battery chargers, CRACs, DX-DOASes,
three-phase, less than 65,000 Btu/h ACUACs and ACUHPs, three-phase,
less than 65,000 Btu/h VRF, CWHs, ACIMs, walk-ins, commercial and
industrial pumps, portable ACs, compressors, DPPPMs, air cleaners,
SPVUs, and CFLKs subject to the new or amended certification reporting
requirements proposed in this proposed rule. These estimates take into
account the time necessary to develop any additional testing
documentation, maintain any additional documentation supporting the
development of the certified rating for each basic model, complete any
additional certification, and submit any additional required documents
to DOE electronically.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers of CAC/HPs, DWs, RCWs,
dehumidifiers, EPSs, battery chargers, CRACs, three-phase, less than
65,000 Btu/h ACUACs and ACUHPs, three-phase, less than 65,000 Btu/h
VRF, electric storage CWHs, ACIMs, walk-ins, commercial and industrial
pumps, compressors, SPVUs, and CFLKs because manufacturers of these
products or equipment are already submitting certification reports to
DOE and should have readily available the information that DOE is
proposing to collect as part of this proposed rulemaking. Additionally,
for portable ACs, manufacturers may optionally submit certification
reports to DOE and the costs associated with certification requirements
for portable ACs were already accounted for in the January 2020
Portable ACs ECS Final Rule.
DOE's proposed amendments for the reporting requirements for pool
heaters would require new certification reporting for electric pool
heater manufacturers and importers. DOE estimates there are 18
manufacturers of electric pool heaters that would have to submit annual
certification reports to DOE for those products based on the proposed
reporting requirements. Of these 18 manufacturers, 4 make both gas-
fired and electric pool heaters. Therefore, 14 do not currently certify
gas-fired pool heaters and would be required to begin submitting
certification reports for electric pool heaters. The following section
estimates the burden for these 14 electric pool heater manufacturers.
OMB Control Number: 1910-1400.
Form Number: DOE F 220.13.
Type of Review: Regular submission.
Affected Public: Domestic manufacturers and importers of electric
pool heaters covered by this proposed rulemaking.
Estimated Number of Respondents: 14.
Estimated Time per Response: Certification reports, 35 hours.
Estimated Total Annual Burden Hours: 490.
Estimated Total Annual Cost to the Manufacturers: $32,830 in
recordkeeping/reporting costs.
DOE's proposed addition of reporting requirements for direct
expansion-dedicated outdoor air systems would require new certification
reporting for
[[Page 67495]]
direct expansion-dedicated outdoor air systems. DOE estimates there are
12 manufacturers of direct expansion-dedicated outdoor air systems that
would have to submit annual certification reports to DOE for those
products based on the proposed reporting requirements. The following
section estimates the burden for these 12 direct expansion-dedicated
outdoor air system manufacturers.
OMB Control Number: 1910-1400.
Form Number: DOE F 220.96.
Type of Review: Regular submission.
Affected Public: Domestic manufacturers and importers of direct
expansion-dedicated outdoor air systems covered by this proposed
rulemaking.
Estimated Number of Respondents: 12.
Estimated Time per Response: Certification reports, 35 hours.
Estimated Total Annual Burden Hours: 420.
Estimated Total Annual Cost to the Manufacturers: $28,140 in
recordkeeping/reporting costs.
DOE's proposed addition of reporting requirements for commercial
electric instantaneous water heaters would require new certification
reporting for commercial electric instantaneous water heaters. DOE
estimates there are 9 manufacturers of commercial electric
instantaneous water heaters that would have to submit annual
certification reports to DOE for those products based on the proposed
reporting requirements. The following section estimates the burden for
these 9 commercial electric instantaneous water heater manufacturers.
OMB Control Number: 1910-1400.
Form Number: DOE F 220.43.
Type of Review: Regular submission.
Affected Public: Domestic manufacturers and importers of commercial
electric instantaneous water heater manufacturers covered by this
proposed rulemaking.
Estimated Number of Respondents: 9.
Estimated Time per Response: Certification reports, 35 hours.
Estimated Total Annual Burden Hours: 315.
Estimated Total Annual Cost to the Manufacturers: $21,105 in
recordkeeping/reporting costs.
DOE's proposed amendments for the reporting requirements for
dedicated-purpose pool pump motors would require new certification
reporting for dedicated-purpose pool pump manufacturers and importers.
DOE estimates there are five manufacturers of dedicated-purpose pool
pump motors that would have to submit annual certification reports to
DOE for those products based on the proposed reporting requirements.
The following section estimates the burden for these five dedicated-
purpose pool pump motor manufacturers.
OMB Control Number: 1910-1400.
Form Number: DOE F 220.97.
Type of Review: Regular submission.
Affected Public: Domestic manufacturers and importers of dedicated-
purpose pool pump motors covered by this proposed rulemaking.
Estimated Number of Respondents: 5.
Estimated Time per Response: Certification reports, 35 hours.
Estimated Total Annual Burden Hours: 175.
Estimated Total Annual Cost to the Manufacturers: $11,725 in
recordkeeping/reporting costs.
DOE's proposed amendments for the reporting requirements for air
cleaners would require new certification reporting for air cleaner
manufacturers and importers. DOE estimates that there are 43
manufacturers of air cleaners that would have to submit annual
certification reports to DOE for those products based on the proposed
reporting requirements. The following section estimates the burden for
these 43 air cleaner manufacturers.
OMB Control Number: 1910-1400.
Form Number: DOE F 220.100.
Type of Review: Regular submission.
Affected Public: Domestic manufacturers and importers of air
cleaners covered by this proposed rulemaking.
Estimated Number of Respondents: 43.
Estimated Time per Response: Certification reports, 35 hours.
Estimated Total Annual Burden Hours: 1,505.
Estimated Total Annual Cost to the Manufacturers: $100,835 in
recordkeeping/reporting costs.
4. Conclusion
DOE has tentatively concluded that the removal of outdated
reporting requirements and the addition of reporting requirements as
proposed in this NOPR would not impose additional costs for CAC/HPs,
DWs, RCWs, dehumidifiers, EPSs, battery chargers, CRACs, three-phase,
less than 65,000 Btu/h ACUACs and ACUHPs, three-phase, less than 65,000
Btu/h VRF, electric storage CWHs, ACIMs, walk-ins coolers and freezers,
commercial and industrial pumps, portable ACs, compressors, SPVUs, and
CFLKs (see sections III.A.2, III.B.2, III.C.2, III.E.2, III.F.2,
III.G.2, III.H.2, III.J.2, III.K.2, III.L.2, III.M.2, III.N.2, III.O.2,
III.P.2, III.S.2, III.T.2, and III.U.2 of this document for a more
complete discussion). Furthermore, DOE has tentatively concluded that
there are 14 pool heater manufacturers, 12 DX-DOAS manufacturers, nine
CWH manufacturers, five DPPPM manufacturers, and 43 air cleaner
manufacturers that would newly be required to submit annual
certification reports to DOE for those products. For all other
manufacturers of covered products or equipment described in this NOPR,
the public reporting burden for certification remains unchanged.
Public comment is sought regarding: (1) Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; (2) the accuracy of the burden estimate; (3)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (4) ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Send comments on
these or any other aspects of the collection of information to the
email address listed in the ADDRESSES section and to the OMB Desk
Officer by email to [email protected].
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this NOPR, DOE proposes amended certification, reporting, and
labeling requirements for CAC/HPs, DWs, RCWs, pool heaters,
dehumidifiers, EPSs, battery chargers, CRACs, DX-DOASes, three-phase,
less than 65,000 Btu/h ACUACs and ACUHPs, three-phase, less than 65,000
Btu/h VRF, CWHs, ACIMs, walk-ins, commercial and industrial pumps,
portable ACs, compressors, DPPPMs, air cleaners, SPVUs, and CFLKs. DOE
has determined that this rule falls into a class of actions that are
categorically excluded from review under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's implementing
regulations at 10 CFR part 1021. Specifically, DOE has determined that
adopting test procedures for measuring energy efficiency of consumer
products and industrial equipment is consistent with activities
identified in 10 CFR part 1021, appendix A to subpart D, A5 and A6.
Accordingly, neither an environmental assessment nor an
[[Page 67496]]
environmental impact statement is required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. The Executive order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this proposed 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
products that are the subject of this proposed rule. States can
petition DOE for exemption from such preemption to the extent, and
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further
action is required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
eliminate drafting errors and ambiguity, (2) write regulations to
minimize litigation, (3) provide a clear legal standard for affected
conduct rather than a general standard, and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any, (2) clearly specifies any effect on existing
Federal law or regulation, (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction,
(4) specifies the retroactive effect, if any, (5) adequately defines
key terms, and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
the proposed rule meets the relevant standards of Executive Order
12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
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 proposed 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 proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at www.energy.gov/gc/office-general-counsel. DOE examined this proposed
rule according to UMRA and its statement of policy and determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure of $100 million or more in any year,
so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights,'' 53 FR 8859 (March 18, 1988), that this proposed regulation
would not result in any takings that might require compensation under
the Fifth Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by 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 proposed rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgated or is expected to lead to promulgation of a
final rule, and that (1) is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For
[[Page 67497]]
any proposed significant energy action, the agency must give a detailed
statement of any adverse effects on energy supply, distribution, or use
should the proposal be implemented, and of reasonable alternatives to
the action and their expected benefits on energy supply, distribution,
and use.
The proposed regulatory action is not a significant regulatory
action under Executive Order 12866. Moreover, it would not have a
significant adverse effect on the supply, distribution, or use of
energy, nor has it been designated as a significant energy action by
the Administrator of OIRA. Therefore, it is not a significant energy
action, and, accordingly, DOE has not prepared a Statement of Energy
Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788;
``FEAA'') Section 32 essentially provides in relevant part that, where
a proposed rule authorizes or requires use of commercial standards, the
notice of proposed rulemaking must inform the public of the use and
background of such standards. In addition, section 32(c) requires DOE
to consult with the Attorney General and the Chairman of the Federal
Trade Commission (``FTC'') concerning the impact of the commercial or
industry standards on competition.
The proposed modifications to the certification reporting and
labeling requirements for CAC/HPs, DWs, RCWs, pool heaters,
dehumidifiers, EPSs, battery chargers, CRACs, DX-DOASes, three-phase,
less than 65,000 Btu/h ACUACs and ACUHPs, three-phase, less than 65,000
Btu/h VRF, CWHs, ACIMs, walk-ins, commercial and industrial pumps,
portable ACs, compressors, DPPPMs, air cleaners, SPVUs, and CFLKs do
not incorporate testing methods contained in any commercial standards.
M. Description of Materials Incorporated by Reference
DOE is proposing to remove the existing incorporation by reference
of industry standard ANSI/AHAM DW-1-2010 from 10 CFR 429.4 and 429.19.
No other changes are being proposed to materials incorporated by
reference.
V. Public Participation
A. Participation in the Webinar
The time and date of the webinar meeting are listed in the DATES
section at the beginning of this document. Webinar registration
information, participant instructions, and information about the
capabilities available to webinar participants will be published on
DOE's website: www.energy.gov/eere/buildings/implementation-certification-and-enforcement. Participants are responsible for
ensuring their systems are compatible with the webinar software.
B. Procedure for Submitting Prepared General Statements for
Distribution
Any person who has an interest in the topics addressed in this
proposed rule, or who is representative of a group or class of persons
that has an interest in these issues, may request an opportunity to
make an oral presentation at the webinar. Such persons may submit to
[email protected]. Persons who wish to speak
should include with their request a computer file in WordPerfect,
Microsoft Word, PDF, or text (ASCII) file format that briefly describes
the nature of their interest in this rulemaking and the topics they
wish to discuss. Such persons should also provide a daytime telephone
number where they can be reached.
DOE requests persons selected to make an oral presentation to
submit an advance copy of their statements at least two weeks before
the webinar. At its discretion, DOE may permit persons who cannot
supply an advance copy of their statement to participate, if those
persons have made advance alternative arrangements with the Building
Technologies Office. As necessary, requests to give an oral
presentation should ask for such alternative arrangements.
C. Conduct of the Webinar
DOE will designate a DOE official to preside at the webinar/public
meeting and may also use a professional facilitator to aid discussion.
The meeting will not be a judicial or evidentiary-type public hearing,
but DOE will conduct it in accordance with section 336 of EPCA (42
U.S.C. 6306). A court reporter will be present to record the
proceedings and prepare a transcript. DOE reserves the right to
schedule the order of presentations and to establish the procedures
governing the conduct of the webinar. There shall not be discussion of
proprietary information, costs or prices, market share, or other
commercial matters regulated by U.S. anti-trust laws. After the webinar
and until the end of the comment period, interested parties may submit
further comments on the proceedings and any aspect of the rulemaking.
The webinar will be conducted in an informal, conference style. DOE
will a general overview of the topics addressed in this rulemaking,
allow time for prepared general statements by participants, and
encourage all interested parties to share their views on issues
affecting this rulemaking. Each participant will be allowed to make a
general statement (within time limits determined by DOE), before the
discussion of specific topics. DOE will permit, as time permits, other
participants to comment briefly on any general statements.
At the end of all prepared statements on a topic, DOE will permit
participants to clarify their statements briefly. Participants should
be prepared to answer questions by DOE and by other participants
concerning these issues. DOE representatives may also ask questions of
participants concerning other matters relevant to this rulemaking. The
official conducting the webinar/public meeting will accept additional
comments or questions from those attending, as time permits. The
presiding official will announce any further procedural rules or
modification of the above procedures that may be needed for the proper
conduct of the webinar.
A transcript of the webinar will be included in the docket, which
can be viewed as described in the Docket section at the beginning of
this document. In addition, any person may buy a copy of the transcript
from the transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule before or after the public meeting, but no later than the
date provided in the DATES section at the beginning of this proposed
rule.\45\ Interested parties
[[Page 67498]]
may submit comments, data, and other information using any of the
methods described in the ADDRESSES section at the beginning of this
document.
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\45\ DOE has historically provided a 75-day comment period for
test procedure NOPRs pursuant to the North American Free Trade
Agreement, U.S.-Canada-Mexico (``NAFTA''), Dec. 17, 1992, 32 I.L.M.
289 (1993); the North American Free Trade Agreement Implementation
Act, Public Law 103-182, 107 Stat. 2057 (1993) (codified as amended
at 10 U.S.C.A. 2576) (1993) (``NAFTA Implementation Act''); and
Executive Order 12889, ``Implementation of the North American Free
Trade Agreement,'' 58 FR 69681 (Dec. 30, 1993). However, on July 1,
2020, the Agreement between the United States of America, the United
Mexican States, and the United Canadian States (``USMCA''), Nov. 30,
2018, 134 Stat. 11 (i.e., the successor to NAFTA), went into effect,
and Congress's action in replacing NAFTA through the USMCA
Implementation Act, 19 U.S.C. 4501 et seq. (2020), implies the
repeal of E.O. 12889 and its 75-day comment period requirement for
technical regulations. Thus, the controlling laws are EPCA and the
USMCA Implementation Act. Consistent with EPCA's public comment
period requirements for consumer products, the USMCA only requires a
minimum comment period of 60 days. Consequently, DOE now provides a
60-day public comment period for test procedure NOPRs.
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Submitting comments via www.regulations.gov. The
www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment itself or in any documents attached to your
comment. Any information that you do not want to be publicly viewable
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Include contact information each time you submit comments, data,
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Confidential Business Information. Pursuant to 10 CFR 1004.11, any
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It is DOE's policy that all comments may be included in the public
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exempt from public disclosure).
E. Issues on Which DOE Seeks Comment
Although DOE welcomes comments on any aspect of this proposal, DOE
is particularly interested in receiving comments and views of
interested parties concerning the following issues:
(1) DOE seeks comment on its proposal to require reporting of
whether a variable speed coil-only rating is based on non-communicating
or communicating control.
(2) DOE seeks comment on its proposal to require reporting of
whether a CAC/HP system varies blower speeds with outdoor air
conditions.
(3) DOE seeks comment on its proposal to correct the sampling
provisions for CAC/HPs to reference appendix A instead of appendix D.
(4) DOE requests comment on the certification reporting costs of
the amendments proposed for CAC/HPs.
(5) DOE requests comment on its proposal to remove ANSI/AHAM DW-1-
2010 from the referenced industry standard in 10 CFR 429.19(b)(2).
(6) DOE requests comment on the proposed requirement to
confidentially report the cycle selected for the energy test at the
heavy, medium, and light soil loads and whether these cycles are soil-
sensing as well as the options selected for the energy test at the
heavy, medium, and light soil loads when testing according to appendix
C2.
(7) DOE requests comment on the proposed requirement to
confidentially report the average cleaning index of the sensor heavy
response, sensor medium response, and sensor light response test
cycles.
(8) DOE seeks comment on its proposal to require that additional
machine electrical energy consumption required for a drain out event
and clean out event--expressed in kWh--and the additional water
consumption required for drain out and clean out events during a drain
out cycle--expressed in gal/cycle--be reported confidentially.
(9) DOE seeks comment on its proposal to require reporting of
reservoir capacity in gallons, prewash and main wash fill water volume
in gallons (if testing is performed using appendix C1), and the total
water consumption in gallons per cycle for DWs with built-in
reservoirs.
(10) DOE requests comment on the proposed rounding requirements for
DWs.
[[Page 67499]]
(11) DOE requests comment on the certification reporting costs of
the amendments proposed for DWs.
(12) DOE requests comment on its proposal to remove reporting
requirements applicable to appendix J1 from 10 CFR 429.20(b)(2)(i).
(13) DOE requests comment on its proposal to update reporting
requirement terminology to specify ``clothes container capacity for
RCWs.
(14) DOE requests comment on its proposal to require the reporting
of the test cloth lot number for RCWs for the purpose of implementing
the enforcement provisions in 10 CFR 429.134(c), as well as its
proposal that the reported test cloth lot number would not be public.
(15) DOE requests comment on the proposed RCW reporting
requirements for EER and WER, including the proposed rounding
requirements.
(16) DOE requests comment on its proposal to require reporting the
type of control system (automatic or semi-automatic) for RCWs.
(17) DOE requests comment on its proposal to require reporting of
RMC, clothes container capacity, and type of loading (top-loading or
front-loading) for RCWs tested in accordance with appendix J.
(18) DOE requests comment on the certification reporting costs of
the amendments proposed for RCWs.
(19) DOE seeks comment on its proposal to require the reporting of
input capacity, active electrical power, and integrated thermal
efficiency. DOE also seeks comment on the proposed rounding
requirements.
(20) DOE requests comment on the certification reporting costs of
the amendments proposed for pool heaters.
(21) DOE seeks comment on its proposal to remove the outdated
appendix X certification requirements.
(22) DOE requests comment on the certification reporting costs of
the amendments proposed for dehumidifiers.
(23) DOE seeks comment on its proposal to require the reporting of
output cord specifications for EPSs.
(24) DOE seeks comment on its proposal to require the reporting of
measured output voltage for EPSs for each port.
(25) DOE seeks comment on its proposal to require manufacturers of
exempt EPSs to report the year for which the sales number being
reported represents.
(26) DOE requests comment on the certification reporting costs of
the amendments proposed for EPSs.
(27) DOE seeks comment on the proposed updates to reporting
requirements for wired and fixed-location wireless battery chargers
tested under appendix Y1.
(28) DOE seeks comment on the proposal to further specify the
reporting requirements for open-placement wireless battery chargers
tested under appendix Y1.
(29) DOE requests comment on the certification reporting costs of
the amendments proposed for battery chargers.
(30) DOE seeks comment on its proposal to require the reporting of
net sensible cooling capacity in Btu/h, the net total cooling capacity
in Btu/h, whether the basic model is split system or single-package,
the configuration (e.g., downflow, upflow ducted, upflow non-ducted,
horizontal flow, ceiling-mounted ducted, ceiling-mounted non-ducted),
fluid economizer presence (or lack thereof), condenser heat rejection
medium (air, water, or glycol-cooled), NSenCOP, rated airflow in SCFM,
and the refrigerant used to determine the represented values.
(31) DOE seeks comment on its proposed supplemental testing
instructions requirements for CRACs when certifying compliance with
NSenCOP standards.
(32) DOE seeks comment on its proposal to require the reporting of
both indoor unit and outdoor unit individual model numbers for split-
system CRACs.
(33) DOE seeks comment on its proposal to specify a tolerance of 5
percent for CRAC verification tests for NSenCOP.
(34) DOE requests comment on the certification reporting costs of
the amendments proposed for CRACs.
(35) DOE seeks comment on requiring the reporting of ISMRE2 and
ISCOP2 to certify compliance with the standards applicable to DX-DOASes
manufactured on or after May 1, 2024. DOE also seeks comment on
reporting rated moisture removal capacity and rated supply airflow
rate.
(36) DOE seeks comment on its proposal to include reporting
requirements for DX-DOASes with ventilation energy recovery systems.
(37) DOE seeks comment on its proposal to require supplemental
testing instruction file contents for DX-DOASes.
(38) DOE requests comment on its proposal to add new reporting
requirements for DX-DOASes.
(39) DOE seeks comment on its proposal to require the reporting of
new metrics, such as SEER2 and HSPF2.
(40) DOE seeks comment on its proposal to correct the sampling
provisions for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs
and three-phase, less than 65,000 Btu/h VRF to reference appendix A.
(41) DOE requests comment on the certification reporting costs of
the amendments proposed for three-phase, less than 65,000 Btu/h ACUACs
and ACUHPs and three-phase, less than 65,000 Btu/h VRF.
(42) DOE seeks comment on its proposal to require the reporting of
thermal efficiency, storage volume, rated input, and whether the
storage volume is determined using a weight-based test or the
calculation-based method for commercial electric instantaneous water
heaters of all storage volumes (except for residential-duty commercial
electric instantaneous water heaters). DOE also seeks comment on its
proposal to require the reporting of standby loss, whether the water
heater initiates heating element operation based on a temperature-
controlled call for heating that is internal to the water heater,
whether the water heater includes an integral pump purge functionality,
and the default duration of the pump off delay (for models equipped
with integral pump purge) for electric instantaneous water heaters with
storage volume greater than or equal to 10 gallons. Additionally, DOE
seeks comment on its proposed calculation-based method for determining
storage volume of electric instantaneous water heaters.
(43) DOE seeks comment on its proposal to add a requirement for the
reporting of rated input for commercial electric storage water heaters.
(44) DOE requests comment on the certification reporting costs of
the amendments proposed for commercial electric instantaneous water
heaters and commercial electric storage water heaters.
(45) DOE seeks comment on its proposal to align ACIM reporting
requirement terminology with the amended terms.
(46) DOE seeks comment on its proposal to establish rounding
requirements for ACIMs.
(47) DOE seeks comment on its proposal to correct the sampling
provisions for ACIMs.
(48) DOE requests comment on the certification reporting costs of
the amendments proposed for ACIMs.
(49) DOE seeks comment on its proposal to require the reporting of
whether a basic model meets the definition of a CO2 unit
cooler.
(50) DOE seeks comment on its proposal to require the reporting of
whether a basic model meets the definition of a detachable single-
packaged dedicated system or an attached split system.
[[Page 67500]]
(51) DOE seeks comment on its proposal to require the reporting of
whether a dedicated condensing system basic model includes flooded head
pressure controls.
(52) DOE seeks comment on its proposal to amend the reporting
requirements and provide an option for manufactures to report
compressor break-in.
(53) DOE seeks comment on its proposal to require, if necessary to
run a valid test, supplemental testing information as a PDF file at the
time of certification.
(54) DOE seeks comment on its proposal to require the reporting of
the conditions at which the controls activate the ASH wire for walk-in
doors with ASH controls.
(55) DOE requests comment on its proposed additional certification
reporting requirements for walk-in doors and refrigeration systems.
(56) DOE requests comment on the certification reporting costs of
the amendments proposed for walk-ins.
(57) DOE requests comment on its proposal to require that date of
manufacture be included on a panel nameplate, including its tentative
conclusion that this would be technologically feasible and would not be
burdensome to include. DOE also requests comment on its proposal to
require CO2 unit coolers be labeled with the statement
``Only CO2 is approved as a refrigerant for this system'',
including its tentative conclusion that this would not be burdensome to
include.
(58) DOE seeks comment on its proposal to require certification of
pump efficiency at BEP in percent, constant load pump energy rating
(``PERCL''), and variable load pump energy rating (``PERVL'').
(59) DOE requests comment on the certification reporting costs of
the amendments proposed for commercial and industrial pumps.
(60) DOE requests comment on the clarifying amendments to 10 CFR
429.62(b)(2) to better represent the intent of the instruction in
appendix CC and 10 CFR 429.62(a)(5).
(61) DOE seeks comment on requiring whether a basic model is
variable-speed, and if so, to report the SACCFull, in Btu/h.
(62) DOE requests comment on the certification reporting costs of
the amendments proposed for portable ACs.
(63) DOE seeks comment on the proposed annual filing date of
September 1 for compressors.
(64) DOE requests comment on the proposed annual filing date for
compressors and any corresponding certification and reporting costs.
(65) DOE seeks comment on the proposed reporting requirements for
DPPPMs.
(66) DOE seeks comment on the proposed rounding requirements for
DPPPMs.
(67) DOE requests comment on the certification reporting costs of
the proposed new reporting requirements for DPPPMs.
(68) DOE requests comment on the proposed reporting requirements
for air cleaners.
(69) DOE requests comment on the certification reporting costs of
the proposed new reporting requirements for air cleaners.
(70) DOE seeks comment on its proposed certification requirements
for SPVUs of all rated capacities when certifying compliance with IEER
standards.
(71) DOE seeks comment on its proposed additional certification
requirements for SPVUs with a cooling capacity less than 65,000 Btu/h.
(72) DOE seeks comment on its proposed supplemental testing
instructions requirements for SPVUs when certifying compliance with
IEER standards, should such standards be adopted.
(73) DOE seeks comment on its proposal to specify a tolerance of 10
percent for SPVU verification tests for IEER.
(74) DOE has tentatively determined that these proposed amendments
would not impose additional costs for manufacturers, because
manufacturers of SPVUs are already submitting certification reports to
DOE and should have readily available the information that DOE is
proposing to collect as part of this rulemaking. DOE does not believe
the revised reporting requirements will cause any appreciable change in
reporting burden or hours as compared to what SPVU manufacturers are
currently doing. DOE requests comment on the certification reporting
costs of the amendments proposed for SPVUs.
(75) DOE requests comment on the proposed correction to existing
CFLK certification requirements.
(76) DOE requests comment on the certification reporting costs of
the amendments proposed for CFLKs.
(77) DOE requests comment on the proposed updates to compliance
dates listed in 10 CFR 429.12 and to the ``covered equipment''
definition in 10 CFR 431.2.
Additionally, DOE welcomes comments on other issues relevant to the
conduct of this rulemaking that may not specifically be identified in
this document.
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this notice of
proposed rulemaking and announcement of public meeting.
List of Subjects
10 CFR Part 429
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements, Small businesses.
10 CFR Part 431
Administrative practice and procedure, Confidential business
information, Energy conservation test procedures, Reporting and
recordkeeping requirements.
Signing Authority
This document of the Department of Energy was signed on August 28,
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 August 31, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE is proposing to amend
parts 429 and 431 of Chapter II of Title 10, Code of Federal
Regulations as set forth below:
PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 429 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
[[Page 67501]]
Sec. 429.4 [Amended]
0
2. Section 429.4 is amended by removing paragraph (b)(1) and
redesignating paragraphs (b)(2) and (3) as paragraphs (b)(1) and (2),
respectively.
0
3. Section 429.12is amended by:
0
a. Revising paragraphs (b)(12) and (13) and paragraph (d); and
0
b. Removing paragraphs (i)(1) through (i)(5) and adding new paragraphs
(i)(1) through (i)(3).
The revisions read as follows:
Sec. 429.12 General requirements applicable to certification reports.
* * * * *
(b) * * *
(12) If the test sample size is listed as ``0'' to indicate the
certification is based upon the use of an alternate way of determining
measures of energy conservation, identify the method used for
determining measures of energy conservation (such as ``AEDM,'' or
linear interpolation). Manufacturers of commercial packaged boilers,
commercial water heating equipment, commercial refrigeration equipment,
commercial HVAC equipment, central air conditioners and central air
conditioning heat pumps, and walk-in coolers and walk-in freezers must
provide the manufacturer's designation (name or other identifier) of
the AEDM used; and
(13) Product specific information listed in Sec. Sec. 429.14
through 429.68 of this chapter.
* * * * *
(d) Annual filing. All data required by paragraphs (a) through (c)
of this section shall be submitted to DOE annually, on or before the
following dates:
Table 1 to Paragraph (d)
------------------------------------------------------------------------
Deadline for data
Product category submission
------------------------------------------------------------------------
Portable air conditioners....................... February 1.
Fluorescent lamp ballasts; Compact fluorescent March 1.
lamps; General service fluorescent lamps,
general service incandescent lamps, and
incandescent reflector lamps; Candelabra base
incandescent lamps and intermediate base
incandescent lamps; Ceiling fans; Ceiling fan
light kits; Showerheads; Faucets; Water
closets; and Urinals.
Water heaters; Consumer furnaces; Pool heaters; May 1.
Commercial water heating equipment; Commercial
packaged boilers; Commercial warm air furnaces;
Commercial unit heaters; and Furnace fans.
Dishwashers; Commercial pre-rinse spray valves; June 1.
Illuminated exit signs; Traffic signal modules
and pedestrian modules; and Distribution
transformers.
Room air conditioners; Central air conditioners July 1.
and central air conditioning heat pumps;
Commercial heating, ventilating, air
conditioning (HVAC) equipment (excluding air-
cooled, three-phase, small commercial package
air conditioning and heating equipment with a
cooling capacity of less than 65,000 British
thermal units per hour and air-cooled, three-
phase, variable refrigerant flow multi-split
air conditioners and heat pumps with less than
65,000 British thermal units per hour cooling
capacity); and Air-cooled, three-phase, small
commercial package air conditioning and heating
equipment with a cooling capacity of less than
65,000 British thermal units per hour and air-
cooled, three-phase, variable refrigerant flow
multi-split air conditioners and heat pumps
with a cooling capacity of less than 65,000
British thermal units per hour.
Consumer refrigerators, refrigerator-freezers, August 1.
and freezers; Commercial refrigerators,
freezers, and refrigerator-freezers; Automatic
commercial ice makers; Refrigerated bottled or
canned beverage vending machines; Walk-in
coolers and walk-in freezers; and Consumer
miscellaneous refrigeration products.
Torchieres; Dehumidifiers; Metal halide lamp September 1.
ballasts and fixtures; External power supplies;
Pumps; Dedicated-purpose pool pump motors;
Compressors; and Battery chargers.
Residential clothes washers; Residential clothes October 1.
dryers; Direct heating equipment; Cooking
products; and Commercial clothes washers.
Air Cleaners.................................... December 1.
------------------------------------------------------------------------
* * * * *
(i) * * *
(1) Air cleaners, December 31, 2023.
(2) Dedicated-purpose pool pump motors, (date 24 months after date
of publication of a final rule amending pool pump motor standards).
(3) Direct expansion-dedicated outdoor air systems, May 1, 2024.
* * * * *
0
4. Section 429.16 is amended by:
0
a. Revising paragraphs (b)(3)(i)(B), (b)(3)(ii)(B), and
(b)(3)(iii)(A)(2);
0
b. Adding paragraph (e)(2)(vi); and
0
c. Revising paragraph (e)(4)(iv).
The revisions and addition read as follows:
Sec. 429.16 Central air conditioners and central air conditioning
heat pumps.
* * * * *
(b) * * *
(3) * * *
(i) * * *
(B) The upper 90 percent confidence limit (UCL) of the true mean
divided by 1.05, where:
[GRAPHIC] [TIFF OMITTED] TP29SE23.003
And x is the sample mean; s is the sample standard deviation; n is
the number of samples; and t0.90 is the Student's t-Distribution Values
for a 90 percent one-tailed confidence interval with n-1 degrees of
freedom (from appendix A). Round represented values of off-mode power
consumption to the nearest watt.
(ii) * * *
(B) The lower 90 percent confidence limit (LCL) of the true mean
divided by 0.95, where:
[GRAPHIC] [TIFF OMITTED] TP29SE23.004
And x is the sample mean; s is the sample standard deviation; n is
the number of samples; and t0.90 is the Student's t-
Distribution Values for a 90 percent one-tailed confidence interval
with n-1 degrees of freedom (from appendix A). Round represented values
of EER, SEER, HSPF, EER2, SEER2, and HSPF2 to the nearest 0.05.
(iii) * * *
[[Page 67502]]
(A) * * *
(2) The lower 90 percent confidence limit (LCL) of the true mean
divided by 0.95, where:
[GRAPHIC] [TIFF OMITTED] TP29SE23.005
And x is the sample mean; s is the sample standard deviation; n is
the number of samples; and t0.90 is the Student's t-Distribution Values
for a 90 percent one-tailed confidence interval with n-1 degrees of
freedom (from appendix A).
* * * * *
(e) * * *
(2) * * *
(vi) For variable-speed coil only systems; whether the represented
value is based on non-communicating or communicating control.
* * * * *
(4) * * *
(iv) For blower coil systems, the airflow-control settings
associated with full load cooling operation; the airflow-control
settings or alternative instructions for setting fan speed to the speed
upon which the rating is based; and whether the system varies blower
speeds with outdoor air conditions;
* * * * *
0
5. Section 429.19 is amended by:
0
a. Revising paragraphs (b)(2) and (3); and
0
b. Adding paragraph (c).
The revisions and addition read as follows:
Sec. 429.19 Dishwashers.
* * * * *
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following public product-specific information: The
estimated annual energy use in kilowatt hours per year (kWh/yr), the
water consumption in gallons per cycle, and the capacity in number of
place settings.
(3) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following additional product-specific information--
(i) The presence of a soil sensor, and if yes, the number of cycles
required to reach calibration;
(ii) The water inlet temperature used for testing in degrees
Fahrenheit ([deg]F);
(iii) The cycle selected for the energy test and whether that cycle
is soil-sensing if testing is performed using appendix C1 to subpart B
of part 430 of this chapter and the cycles selected for the sensor
heavy response, sensor medium response, and sensor light response and
whether these cycles are soil-sensing if testing is performed using
appendix C2 to subpart B of part 430 of this chapter;
(iv) The options selected for the energy test if testing is
performed using appendix C1 to subpart B of part 430 of this chapter
and the options selected for the sensor heavy response, sensor medium
response, and sensor light response if testing is performed using
appendix C2 to subpart B of part 430 of this chapter;
(v) The average cleaning index for the sensor heavy response,
sensor medium response, and sensor light response cycles if testing is
performed using appendix C2 to subpart B of part 430 of this chapter
(see section 5.1 of appendix C2 for the calculation of per-cycle
cleaning index for each test cycle);
(vi) Indication of whether Cascade Complete Powder or Cascade with
the Grease Fighting Power of Dawn was used as the detergent
formulation. When certifying dishwashers, other than water re-use
dishwashers, according to appendix C1 to subpart B of part 430 of this
chapter:
(A) Before July 17, 2023, Cascade Complete Powder detergent may be
used as the basis for certification in conjunction with the detergent
dosing methods specified in either section 2.5.2.1.1 or section
2.5.2.1.2 of appendix C1. Cascade with the Grease Fighting Power of
Dawn detergent may be used as the basis for certification only in
conjunction with the detergent dosing specified in section 2.5.2.1.1 of
appendix C1.
(B) Beginning July 17, 2023, Cascade Complete Powder detergent may
be used as the basis for certification of newly certified basic models
only in conjunction with the detergent dosing method specified in
section 2.5.2.1.2 of appendix C1. Cascade with the Grease Fighting
Power of Dawn detergent may be used as the basis for certification only
in conjunction with the detergent dosing specified in section 2.5.2.1.1
of appendix C1. Manufacturers may maintain existing basic model
certifications made prior to July 17, 2023, consistent with the
provisions of paragraph (b)(3)(vi)(A) of this section.
(vii) The presence of a built-in water softening system, and if
yes, the energy use in kilowatt-hours and the water use in gallons
required for each regeneration of the water softening system, the
number of regeneration cycles per year, and data and calculations used
to derive these values;
(viii) Whether the product is a water re-use system dishwasher, and
if yes, the energy use in kilowatt-hours and water use in gallons
required for a drain out event, the energy use in kilowatt-hours and
water use in gallons required for a clean out event, the number of
drain out events per year, the number of clean out events per year, the
water fill volume to calculate detergent dosage in gallons, and data
and calculations used to derive these values, as applicable; and
(ix) The presence of a built-in reservoir, and if yes, the
manufacturer-stated reservoir capacity in gallons, the prewash fill
water volume in gallons and the main wash fill water volume in gallons
if testing is performed using appendix C1 to subpart B of part 430 of
this chapter, and the reservoir water consumption in gallons per cycle.
(c) Rounding requirements for representative values, including
certified and rated values.
(1) The represented value of estimated annual energy use must be
rounded to the nearest kilowatt hour per year.
(2) The represented value of water consumption must be rounded to
the nearest 0.1 gallon per cycle.
0
6. Section 429.20 is amended by revising paragraphs (b) and (c) to read
as follows:
Sec. 429.20 Residential clothes washers.
* * * * *
(b) Certification reports.
(1) The requirements of Sec. 429.12 are applicable to residential
clothes washers; and
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
contain the following public product-specific information:
(i) For residential clothes washers tested in accordance with
appendix J: the energy efficiency ratio (EER) in pounds per kilowatt
hour per cycle (lb/kWh/cycle), the water efficiency ratio (WER) in
pounds per gallon per cycle (lb/gal/cycle), the clothes container
capacity in cubic feet (cu ft), the corrected remaining moisture
content (RMC) expressed as a percentage, the type of control system
(automatic or semi-automatic), and the type of loading (top-loading or
front-loading).
(ii) For residential clothes washers tested in accordance with
appendix J2: the integrated modified energy factor (IMEF) in cu ft/kWh/
cycle, the integrated water factor (IWF) in gal/cycle/cu ft, the
clothes container capacity in cu ft, the corrected RMC expressed as a
percentage, and the type of loading (top-loading or front-loading).
(3) Pursuant to 10 CFR 429.12(b)(13), a certification report must
include the following additional product-specific information: a list
of all cycle selections comprising the complete energy test cycle for
each basic model and the test
[[Page 67503]]
cloth lot number used for certification testing.
(c) Reported values. Values reported pursuant to this subsection
must be rounded as follows: MEF and IMEF to the nearest 0.01 cu ft/kWh/
cycle, WF and IWF to the nearest 0.1 gal/cycle/cu ft, EER to the
nearest 0.01 lb/kWh/cycle, WER to the nearest 0.01 lb/gal/cycle, RMC to
the nearest 0.1 percentage point, and clothes container capacity to the
nearest 0.1 cu ft.
0
7. Section 429.24 is amended by:
0
a. Revising paragraph (a)(2) introductory text;
0
b. Adding paragraphs (a)(3) and (4);
0
c. Revising paragraph (b)(2); and
0
d. Adding paragraph (c).
The revisions and additions read as follows:
Sec. 429.24 Pool heaters.
(a) * * *
(2) For each basic model of pool heater, randomly select and test a
sample of sufficient size to ensure that any represented value of the
thermal efficiency or integrated thermal efficiency, as applicable, or
other measure of energy consumption of a basic model for which
consumers would favor higher values shall be less than or equal to the
lower of: * * *
* * * * *
(3) When certifying integrated thermal efficiency, the represented
value for input capacity of a gas-fired pool heater basic model
reported in accordance with paragraph (b)(2) of this section must be
the mean of the input capacities measured for each tested unit of the
basic model, as determined in accordance with the test procedure in
appendix P of subpart B of part 430 of this chapter.
(4) When certifying integrated thermal efficiency, the represented
value of active electrical power of an electric pool heater basic model
reported in accordance with paragraph (b)(2) of this section must be
the mean of the electrical power measured for each tested unit of the
basic model, as determined in accordance with the test procedure in
appendix P of subpart B of part 430 of this chapter.
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), include in each certification
report the following public product-specific information:
(i) For gas-fired pool heaters: the input capacity in British
thermal units per hour (Btu/h) and either the thermal efficiency as a
percentage (%) (when certifying compliance with the energy conservation
standards specified at Sec. 430.32(k)(1)) or the integrated thermal
efficiency as a percentage (%) (when certifying compliance with the
energy conservation standards specified at Sec. 430.32(k)(2)), as
applicable.
(ii) For electric pool heaters (when certifying compliance with the
energy conservation standards specified at Sec. 430.32(k)(2)): the
integrated thermal efficiency in percent (%) and the active electrical
power in British thermal units per hour (Btu/h).
(c) Reported values. Round reported values pursuant to this
subsection as follows: integrated thermal efficiency for gas-fired pool
heaters to the nearest tenth of one percent, integrated thermal
efficiency for electric pool heaters to the nearest one percent, input
capacity of a gas-fired pool heater to the nearest 1,000 Btu/h, and
active electrical power of an electric pool heater to the nearest 1,000
Btu/h.
Sec. 429.33 [Amended]
0
8. Section 429.33 is amended by removing the text ``For each basic
model of lamp and/or each basic model of non-consumer-replaceable SSL
packaged with the ceiling fan light kit'' and adding in its place the
text ``For each basic model of lamp, each basic model of consumer-
replaceable SSL, and/or each basic model of non-consumer-replaceable
SSL packaged with the ceiling fan light kit'' in paragraphs
(b)(2)(ii)(A) and (b)(3)(ii)(B).
Sec. 429.36 [Amended]
0
9. Section 429.36 is amended by:
0
a. Removing paragraph (b)(2)(i);
0
b. Redesignating paragraph (b)(2)(ii) as (b)(2)(i); and
0
c. Reserving paragraph (b)(2)(ii).
0
10. Section 429.37 is amended by:
0
a. Revising paragraphs (b)(2) and (3); and
0
b. Adding paragraph (c)(1)(iv).
The revisions and addition read as follows:
Sec. 429.37 External power supplies.
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following public product-specific information:
(i) External power supplies: The average active mode efficiency as
a percentage (%), no-load mode power consumption in watts (W),
nameplate output power in watts (W), nameplate output voltage in volts
(V), the specifications of the recommended or included output cord,
and, if missing from the nameplate, the output current in amperes (A)
of the basic model or the output current in amperes (A) of the highest-
and lowest-voltage models within the external power supply design
family.
(ii) Switch-selectable single-voltage external power supplies: The
average active mode efficiency as a percentage (%) value, no-load mode
power consumption in watts (W) using the lowest and highest selectable
output voltages, the lowest and highest selectable output voltages in
volts (V), nameplate output power in watts (W), the specifications of
the recommended or included output cord, and, if missing from the
nameplate, the output current in amperes (A).
(iii) Adaptive single-voltage external power supplies: The average
active-mode efficiency as a percentage (%) at the highest and lowest
nameplate output voltages, no-load mode power consumption in watts (W),
nameplate output power in watts (W) at the lowest and highest nameplate
output voltages, the lowest and highest nameplate output voltages in
volts (V), the specifications of the recommended or included output
cord, and, if missing from the nameplate, the output current in amperes
(A) at the highest and lowest nameplate output voltages.
(iv) External power supplies that are exempt from no-load mode
requirements under Sec. 430.32(w)(5) of this chapter: A statement that
the product is designed to be connected to a security or life safety
alarm or surveillance system component, the average active-mode
efficiency as a percentage (%), the nameplate output power in watts
(W), the nameplate output voltage in volts (V), the specifications of
the recommended or included output cord, and, if missing from the
nameplate, the certification report must also include the output
current in amperes (A) of the basic model or the output current in
amperes (A) of the highest- and lowest-voltage models within the
external power supply design family.
(3) Pursuant to Sec. 429.12(b)(13), a certification report for
external power supplies that are exempt from the energy conservation
standards at Sec. 430.32(w)(1)(ii) pursuant to Sec. 430.32(w)(2) of
this chapter must include the following additional information if, in
aggregate, the total number of exempt EPSs sold as spare and service
parts by the certifier exceeds 1,000 units across all models: The total
number of units of exempt external power supplies sold during the most
recent 12-calendar-month period ending on July 31, starting with the
annual report due on September 1, 2017. The certification report must
also include the exact timeframe (e.g., from August 2016 to July 2017)
of this most recent 12-calendar-month period.
(c) * * *
[[Page 67504]]
(1) * * *
(iv) The exact timeframe (e.g., from August 2016 to July 2017) of
this most recent 12-calendar-month period.
* * * * *
0
11. Section 429.39 is amended by:
0
a. Revising paragraphs (a)(1), (a)(2)(ii), and (a)(2)(iii) introductory
text;
0
b. Adding paragraphs (a)(2)(v) and (vi);
0
c. Revising paragraphs (b)(2) and (3); and
0
d. Adding paragraphs (b)(5) and (6);
The revisions and additions read as follows:
Sec. 429.39 Battery chargers.
(a) * * *
(1) Represented values include:
(i) For all battery chargers other than uninterruptible power
supplies (UPSs) tested under appendix Y: The unit energy consumption
(UEC) in kilowatt-hours per year (kWh/yr), battery discharge energy
(Ebatt) in watt hours (Wh), 24-hour energy consumption
(E24) in watt hours (Wh), maintenance mode power
(Pm) in watts (W), standby mode power (Psb) in
watts (W), off mode power (Poff) in watts (W), and duration
of the charge and maintenance mode test (tcd) in hours
(hrs);
(ii) For all wired and fixed-location wireless battery chargers
other than uninterruptible power supplies (UPSs) tested under appendix
Y1: Battery discharge energy (Ebatt) in watt hours (Wh),
active charge energy (Ea) in watt hours (Wh), maintenance
mode power (Pm) in watts (W), no-battery mode power (Pnb) in
watts (W), standby mode power (Psb) in watts (W), off mode
power (Poff) in watts (W), and duration of the charge and
maintenance mode test (tcd) in hours (hrs);
(iii) For all open-placement wireless battery chargers other than
uninterruptible power supplies (UPSs) tested under appendix Y1: no-
battery mode power (Pnb) in watts (W);
(iv) For UPSs: average load adjusted efficiency
(Effavg).
(2) * * *
(ii) For each basic model of battery chargers other than UPSs
tested under appendix Y, a sample of sufficient size must be randomly
selected and tested to ensure that the represented value of UEC is
greater than or equal to the higher of:
* * * * *
(iii) For each basic model of battery chargers other than UPSs
tested under appendix Y, using the sample from paragraph (a)(2)(ii) of
this section, calculate the represented values of each metric (i.e.,
maintenance mode power (Pm), standby power (Psb),
off mode power (Poff), battery discharge energy
(Ebatt), 24-hour energy consumption (E24), and
duration of the charge and maintenance mode test (tcd)),
where the represented value of the metric is:
* * * * *
(v) For each basic model of battery chargers other than UPSs tested
under appendix Y1, a sample of sufficient size must be randomly
selected and tested to ensure that the represented value of
Ea for all wired and fixed-location wireless chargers (or
the represented value of Pnb for all open-placement wireless
chargers) is greater than or equal to the higher of:
(A) The mean of the sample, where:
[GRAPHIC] [TIFF OMITTED] TP29SE23.006
and, x is the sample mean; n is the number of samples; and
xi is the Ea (or Pnb, when applicable)
of the ith sample; or,
(B) The upper 97.5-percent confidence limit (UCL) of the true mean
divided by 1.05, where:
[GRAPHIC] [TIFF OMITTED] TP29SE23.007
and, x is the sample mean; s is the sample standard deviation; n is
the number of samples; and t0.975 is the Student's t-
Distribution Values for a 97.5-percent one-tailed confidence interval
with n-1 degrees of freedom (from appendix A of this subpart).
(vi) For each basic model of battery chargers other than UPSs
tested under appendix Y1, using the sample from paragraph (a)(2)(v) of
this section, calculate the applicable represented values of each
metric (i.e., maintenance mode power (Pm), no-battery mode
power (Pnb), standby power (Psb), off mode power
(Poff), battery discharge energy (Ebatt), and
duration of the charge and maintenance mode test (tcd)),
where the represented value of the metric is:
[GRAPHIC] [TIFF OMITTED] TP29SE23.008
and, x is the sample mean; n is the number of samples; and
xi is the measured value of the ith sample for the metric.
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), when tested under appendix Y,
a certification report must include the following product-specific
information for all battery chargers other than UPSs: The nameplate
battery voltage of the test battery in volts (V), the nameplate battery
charge capacity of the test battery in ampere-hours (Ah), and the
nameplate battery energy capacity of the test battery in watt-hours
(Wh). A certification report must also include the represented values,
as determined in paragraph (a) of this section for the maintenance mode
power (Pm), standby mode power (Psb), off mode
power (Poff), battery discharge energy (Ebatt),
24-hour energy consumption (E24), active charge energy
(Ea) (optional, as measured in accordance with appendix Y1)
duration of the charge and maintenance mode test (tcd), and
unit energy consumption (UEC).
(3) Pursuant to Sec. 429.12(b)(13), when tested under appendix Y,
a certification report must include the following product-specific
information for all battery chargers other than UPSs: The manufacturer
and model of the test battery, and the manufacturer and model, when
applicable, of the external power supply.
* * * * *
(5) Pursuant to Sec. 429.12(b)(13), when tested under appendix Y1,
a certification report must include the following product-specific
information for all wired and fixed-location wireless battery chargers
other than UPSs: The manufacturer and model of the test battery, the
manufacturer and model, when applicable, of the external power supply,
the nameplate battery voltage of the test battery in volts (V), the
nameplate battery charge capacity of the test battery in ampere-hours
(Ah), and the nameplate battery energy capacity of the test battery in
watt-hours (Wh). A certification report must also include the
represented values, as determined in paragraph (a) of this section for
the maintenance mode power (Pm), no-battery mode power
(Pnb), standby mode power (Psb), off mode power
(Poff), battery discharge energy (Ebatt), 24-hour
energy consumption (E24), active charge energy
(Ea), and duration of the charge and maintenance mode test
(tcd).
(6) Pursuant to Sec. 429.12(b)(13), when tested under appendix Y1,
a certification report must include the following product-specific
information for all open-placement wireless battery chargers other than
UPSs: The manufacturer and model, when applicable, of the external
power supply. A certification report must also include the represented
values, as determined in paragraph (a) of this section for the no-
battery mode power (Pnb).
0
12. Section 429.43 is amended by:
0
a. Revising the section heading;
0
b. Revising paragraphs (b)(2)(v), (vi), and (ix);
0
c. Adding paragraphs (b)(2)(xi) and (b)(3)(iii);
[[Page 67505]]
0
d. Revising paragraphs (b)(4)(vi), (vii), and (viii); and
0
e. Adding paragraphs (b)(4)(x) and (b)(6).
The revisions and additions read as follows:
Sec. 429.43 Commercial heating, ventilating, air conditioning (HVAC)
equipment.
* * * * *
(b) * * *
(2) * * *
(v) Single package vertical air conditioners:
(A) When certifying compliance with an EER standard: The energy
efficiency ratio (EER in British thermal units per Watt-hour (Btu/Wh)),
and the rated cooling capacity in British thermal units per hour (Btu/
h).
(B) When certifying compliance with an IEER standard: the
integrated energy efficiency ratio (IEER in British thermal units per
Watt-hour (Btu/Wh)), the rated cooling capacity in British thermal
units per hour (Btu/h), and the rated airflow in standard cubic feet
per minute (SCFM). For units with rated cooling capacity <65,000 Btu/h:
whether the unit is weatherized or non-weatherized; and if non-
weatherized, the airflow rate of outdoor ventilation air which is drawn
in and conditioned as determined in accordance with Sec. 429.134(x)(3)
of this chapter, while the equipment is operating with the same drive
kit and motor settings used to determine the certified efficiency
rating of the equipment.
(vi) Single package vertical heat pumps:
(A) When certifying compliance with an EER standard: the energy
efficiency ratio (EER in British thermal units per Watt-hour (Btu/Wh)),
and the coefficient of performance (COP), and the rated cooling
capacity in British thermal units per hour (Btu/h).
(B) When certifying compliance with an IEER standard: the
integrated energy efficiency ratio (IEER in British thermal units per
Watt-hour (Btu/Wh)), and the coefficient of performance (COP), the
rated cooling capacity in British thermal units per hour (Btu/h) and
the rated airflow in standard cubic feet per minute (SCFM). For units
with cooling capacity <65,000 Btu/h: whether the unit is weatherized or
non-weatherized; and if non-weatherized, the airflow rate of outdoor
ventilation air which is drawn in and conditioned as determined in
accordance with Sec. 429.134(x)(3) of this chapter, while the
equipment is operating with the same drive kit and motor settings used
to determine the certified efficiency rating of the equipment.
* * * * *
(ix) Computer room air-conditioners:
(A) When certifying compliance with a SCOP standard: The net
sensible cooling capacity in British thermal units per hour (Btu/h),
the net cooling capacity in British thermal units per hour (Btu/h), the
configuration (upflow/downflow), economizer presence (yes or no),
condenser medium (air, water, or glycol-cooled), sensible coefficient
of performance (SCOP), and rated airflow in standard cubic feet per
minute (SCFM).
(B) When certifying compliance with an NSenCOP standard: The net
sensible cooling capacity in British thermal units per hour (Btu/h),
the net total cooling capacity in British thermal units per hour (Btu/
h), whether the basic model is split system or single-package, the
configuration (downflow, upflow ducted, upflow non-ducted, horizontal
flow, ceiling-mounted ducted, ceiling-mounted non-ducted), fluid
economizer presence (yes or no), condenser heat rejection medium (air,
water, or glycol-cooled), net sensible coefficient of performance
(NSenCOP), rated airflow in standard cubic feet per minute (SCFM), and
the refrigerant used to determine the represented values.
* * * * *
(xi) Direct-expansion dedicated outdoor air systems:
(A) When certifying compliance with an ISMRE2 standard: the
integrated seasonal moisture removal efficiency 2 (ISMRE2 in lbs. of
moisture per kilowatt-hour (lb/kWh)), the rated moisture removal
capacity at Standard Rating Condition A according to appendix B to
subpart F of part 431 of this chapter (MRC in lbs of moisture per hour
(lb/h)), and the rated supply airflow rate for 100% outdoor air
applications (QSA in standard cubic feet per minute).
(B) When certifying compliance with an ISCOP2 standard: the
integrated seasonal coefficient of performance 2 (ISCOP2 in Watts of
heating per Watts of power input (W/W)).
(C) The configuration of the basic model number (i.e., ``single-
package'' or ``split system'') shall also be provided.
(3) * * *
(iii) For direct-expansion dedicated outdoor air systems with
ventilation energy recovery systems, method of determination of the
EATR, sensible effectiveness, and latent effectiveness of the
ventilation energy recovery system (name and version of certified
performance modeling software or if the device was directly tested).
The test method (i.e., Option 1, or Option 2) for units rated based on
testing and motor control settings (including rotational speed) for
energy recovery wheels shall also be provided.
(4) * * *
(vi) Single package vertical air-conditioners:
(A) When certifying compliance with an EER standard: Any additional
testing instructions, if applicable; if a variety of motors/drive kits
are offered for sale as options in the basic model to account for
varying installation requirements, the model number and specifications
of the motor (to include efficiency, horsepower, open/closed, and
number of poles) and the drive kit, including settings, associated with
that specific motor that were used to determine the certified rating;
and which, if any, special features were included in rating the basic
model.
(B) When certifying compliance with an IEER standard: Compressor
break-in period duration; rated indoor airflow in standard cubic feet
per minute (SCFM); frequency or control set points including the
required dip switch/control settings for step or variable speed
components (e.g., compressors, VFDs); rated indoor airflow in SCFM for
each part-load point used in the IEER calculation and any special
instructions required to obtain operation at each part-load point, such
as frequency or control set points including dip switch/control
settings for step or variable speed components (e.g., compressors,
VFDs); a statement whether the model will operate at test conditions
without manufacturer programming; outdoor air-side attachments used for
testing; any additional testing instructions, if applicable; and if a
variety of motors/drive kits are offered for sale as options in the
basic model to account for varying installation requirements, the model
number and specifications of the motor (to include efficiency,
horsepower, open/closed, and number of poles) and the drive kit,
including settings, associated with that specific motor that were used
to determine the certified rating; any additional applicable testing
instructions, are also required.
(vii) Single package vertical heat pumps:
(A) When certifying compliance with an EER standard: Any additional
testing instructions, if applicable; if a variety of motors/drive kits
are offered for sale as options in the basic model to account for
varying installation requirements, the model number and specifications
of the motor (to include efficiency, horsepower, open/closed, and
number of poles) and the drive kit, including settings, associated with
that specific motor that were used to determine the certified rating;
and which, if any,
[[Page 67506]]
special features were included in rating the basic model.
(B) When certifying compliance with an IEER standard: The rated
heating capacity in British thermal units per hour (Btu/h); compressor
break-in period duration; rated indoor airflow in standard cubic feet
per minute (SCFM) (in cooling mode); rated airflow in SCFM in heating
mode if the unit is designed to operate with different airflow rates
for cooling and heating mode; frequency or control set points including
the required dip switch/control settings for step or variable speed
components (e.g., compressors, VFDs); rated indoor airflow in SCFM for
each part-load point used in the IEER calculation and any special
instructions required to obtain operation at each part-load point, such
as frequency or control set points including dip switch/control
settings for step or variable speed components (e.g., compressors,
VFDs); a statement whether the model will operate at test conditions
without manufacturer programming; outdoor air-side attachments used for
testing; any additional testing instructions, if applicable; and if a
variety of motors/drive kits are offered for sale as options in the
basic model to account for varying installation requirements, the model
number and specifications of the motor (to include efficiency,
horsepower, open/closed, and number of poles) and the drive kit,
including settings, associated with that specific motor that were used
to determine the certified rating; or any additional applicable testing
instructions, are also required.
(viii) Computer room air-conditioners:
(A) When certifying compliance with a SCOP standard: Any additional
testing instructions, if applicable; and which, if any, special
features were included in rating the basic model.
(B) When certifying compliance with a NSenCOP standard: Compressor
break-in period duration; frequency or control set points including the
required dip switch/control settings for step or variable components
(e.g., compressors, VFDs); a statement whether the model will operate
at test conditions without manufacturer programming; any additional
testing instructions, if applicable; if a variety of motors/drive kits
are offered for sale as options in the basic model to account for
varying installation requirements, the model number and specifications
of the motor (to include efficiency, horsepower, open/closed, and
number of poles) and the drive kit, including settings, associated with
that specific motor that were used to determine the certified rating.
* * * * *
(x) Direct-expansion dedicated outdoor air systems:
(A) For units without ventilation energy recovery systems: water
flow rate in gallons per minute (gpm) for water-cooled and water-source
units; rated ESP in inches of water column for the supply air stream;
frequency or control set points for variable speed components (e.g.,
compressors, VFDs); required dip switch/control settings for step or
variable components (e.g., reheat or head pressure control valves); a
statement whether the model will operate at test conditions without
manufacturer programming; if a variety of motors/drive kits are offered
for sale as options in the basic model to account for varying
installation requirements, the model number and specifications of the
motor (to include efficiency, horsepower, open/closed, and number of
poles) and the drive kit, including settings, associated with that
specific motor that were used to determine the certified rating; and
any additional testing instructions specified in appendix B to subpart
F of part 431 of this chapter, if applicable (e.g., supply air dry bulb
temperatures for ISMRE2 tests, equipment settings for airflow,
installation priority for split-system units, defrost control settings
for air-source heat pump units, break-in period, or condenser head
pressure controls.
(B) For units with ventilation energy recovery systems, the
requirements in paragraph (b)(4)(x)(A) of this section apply, in
addition to: rated ESP in inches of water column for the return air
stream; exhaust air transfer ratio at the rated supply airflow rate and
a neutral pressure difference between return and supply airflow (EATR
as a percent value); sensible and latent effectiveness of the
ventilation energy recovery system at 75% of the nominal supply airflow
and zero pressure differential in accordance with the DOE test
procedure in appendix B to subpart F of part 431 of this chapter;
sensible and latent effectiveness of the ventilation energy recovery
system at 100% of the nominal supply airflow and zero pressure
differential in accordance with the DOE test procedure in appendix B to
subpart F of part 431 of this chapter; and any additional testing
instructions, if applicable (e.g., deactivation of VERS or VERS bypass
in accordance with appendix B to subpart F of part 431 of this
chapter).
* * * * *
(6) Basic and individual model numbers. The basic model number and
individual model number(s) required to be reported under Sec.
429.12(b)(6) must consist of the following:
(i) For computer room air-conditioners:
----------------------------------------------------------------------------------------------------------------
Individual model number(s)
Single-package or split system? Basic model number -------------------------------------------------
1 2
----------------------------------------------------------------------------------------------------------------
Single-Package....................... Number unique to the Package................ N/A.
basic model.
Split System......................... Number unique to the Indoor Unit............ Outdoor Unit.
basic model.
----------------------------------------------------------------------------------------------------------------
(ii) For direct-expansion dedicated outdoor air systems:
----------------------------------------------------------------------------------------------------------------
Individual model number(s)
Equipment configuration Basic model number -------------------------------------------------
1 2
----------------------------------------------------------------------------------------------------------------
Single-Package....................... Number unique to the Package................ N/A.
basic model.
Split System......................... Number unique to the Outdoor Unit........... Indoor Unit.
basic model.
----------------------------------------------------------------------------------------------------------------
* * * * *
0
13. Section 429.44 is amended by:
0
a. Revising paragraph (c)(2)(i);
0
b. Redesignating paragraph (c)(2)(vi) as (c)(2)(viii); and
[[Page 67507]]
0
c. Adding new paragraphs (c)(2)(vi) and (vii).
The revisions and additions read as follows:
Sec. 429.44 Commercial water heating equipment.
* * * * *
(c) * * *
(2) * * *
(i) Commercial electric storage water heaters with storage capacity
less than or equal to 140 gallons: The standby loss in percent per hour
(%/h); the rated input in kilowatts (kW), and the measured storage
volume in gallons (gal).
* * * * *
(vi) Commercial electric instantaneous water heaters with storage
capacity greater than or equal to 10 gallons (excluding storage-type
instantaneous water heaters with storage capacity greater than 140
gallons): The thermal efficiency in percent (%); the standby loss in
percent per hour (%/h); the rated input in kilowatts (kW); and the
measured storage volume in gallons (gal). For equipment that does not
meet the definition of ``storage-type instantaneous water heater'' (as
set forth in 10 CFR 431.102), the following must also be included in
the certification report: whether the measured storage volume is
determined using a weight-based test in accordance with Sec. 431.106
of this chapter or the calculation-based method in accordance with
Sec. 429.72; whether the water heater will initiate heating element
operation based on a temperature-controlled call for heating that is
internal to the water heater (Yes/No); whether the water heater is
equipped with an integral pump purge functionality (Yes/No); and if the
water heater is equipped with integral pump purge, the default duration
of the pump off delay (minutes).
(vii) Commercial electric instantaneous water heaters with storage
capacity less than 10 gallons: The thermal efficiency in percent (%);
the measured storage volume in gallons (gal); the rated input in
kilowatts (kW); and whether the measured storage volume is determined
using a weight-based test in accordance with Sec. 431.106 of this
chapter or the calculation-based method in accordance with Sec.
429.72.
* * * * *
0
14. Section 429.45 is amended by:
0
a. Revising paragraphs (a)(2)(ii) and (b)(2); and
0
b. Adding paragraph (b)(3).
The revisions and addition read as follows:
Sec. 429.45 Automatic commercial ice makers.
(a) * * *
(2) * * *
(ii) The upper 95 percent confidence limit (UCL) of the true mean
divided by 1.10, where:
[GRAPHIC] [TIFF OMITTED] TP29SE23.009
And x is the sample mean; s is the sample standard deviation; n is
the number of samples; and t0.95 is the Student's t-
Distribution Values for a 95 percent one-tailed confidence interval
with n-1 degrees of freedom (from appendix A to this subpart).
* * * * *
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following public product-specific information: The energy
use in kilowatt hours per 100 pounds of ice (kWh/100 lb), the condenser
water use in gallons per 100 pounds of ice (gal/100 lb), the harvest
rate in lb/24 h, the type of cooling, and the equipment type.
(3) For reporting, round harvest rate to the nearest 1 lb/24 h for
harvest rates above 50 lb/24 h; round harvest rate to the nearest 0.1
lb/24 h for harvest rates less than or equal to 50 lb/24 h; round
condenser water use to the nearest 1 gal/100 lb; and round energy use
to the nearest 0.01 kWh/100 lb.
0
15. Section 429.53 is amended by revising paragraph (b) to read as
follows:
Sec. 429.53 Walk-in coolers and walk-in freezers.
* * * * *
(b) Certification reports.
(1) The requirements of Sec. 429.12 apply to manufacturers of
walk-in cooler and walk-in freezer panels, doors, and refrigeration
systems, and;
(2) Pursuant to Sec. 429.12(b)(13), a certification report must
include the following public product-specific information:
(i) For display and non-display doors:
(A) The door type;
(B) R-value of the door insulation (as applicable);
(C) A declaration that the manufacturer has incorporated the
applicable design requirements;
(D) For transparent reach-in display doors and windows, the glass
type of the doors and windows (e.g., double-pane with heat reflective
treatment, triple-pane glass with gas fill);
(E) Power draw of the antisweat heater in watts per square foot of
door opening;
(F) Door energy consumption in kilowatt-hours per day;
(G) Rated surface area in square feet; and
(H) For doors with anti-sweat heater controls, the temperature and/
or humidity conditions at which the anti-sweat heater turns on in
degrees Fahrenheit.
(ii) For panels: The R-value of the insulation.
(iii) For refrigeration systems:
(A) The installed motor's functional purpose (i.e., evaporator fan
motor or condenser fan motor), its rated horsepower, and a declaration
that the manufacturer has incorporated the applicable walk-in-specific
design requirements into the motor;
(B) The refrigeration system AWEF and net capacity in BTU/h;
(C) The configuration tested for certification (e.g., condensing
unit only, unit cooler only, single-packaged dedicated system matched-
pair; attached split-system; or detachable single-packaged system);
(D) Whether an indoor dedicated condensing unit is also certified
as an outdoor dedicated condensing unit and, if so, the basic model
number for the outdoor dedicated condensing unit; and
(E) Whether the certified basic model is designed for use with
CO2 as a refrigerant.
(3) Pursuant to Sec. 429.12(b)(13), a certification report must
include the following non-public product-specific information in
addition to the information listed in paragraph (b)(2) of this section:
(i) For display and non-display doors:
(A) The rated power of each light, heater wire, and/or other
electricity consuming device associated with each basic model of
display and non-display door; and whether such device(s) has a timer,
control system, or other demand-based control reducing the device's
power consumption; and
[[Page 67508]]
(B) The conduction load through the door in Btu/h.
(ii) For refrigeration systems:
(A) Whether the dedicated condensing system using flooded head
pressure controls; and
(B) The compressor break-in period, if used.
(4) Pursuant to Sec. 429.12(b)(13), a certification report must
include supplemental information submitted in PDF format. The
equipment-specific supplemental information must be consistent with the
equipment's installation or operating instructions; include any
additional testing and testing set up instructions (e.g., charging
instructions) for the basic model; identify all special features that
were included in rating the basic model; include all other information
(e.g., any specific settings or controls) necessary to operate the
basic model under the required conditions specified by the relevant
test procedure. A manufacturer may also include with a certification
report other supplementary items in PDF format (e.g., operating manuals
and/or installation instructions) for DOE to consider when performing
testing under appendix C and appendix C1 to subpart R of part 431.
0
16. Section 429.59 is amended by:
0
a. Revising paragraphs (b)(2)(i), (ii), and (iii);
0
b. Removing paragraphs (b)(3)(i), (ii), and (iii); and
0
c. Redesignating paragraph (b)(3)(iv) as (b)(3)(i), and reserving
paragraph (b)(3)(ii).
The revisions read as follows:
Sec. 429.59 Pumps.
* * * * *
(b) * * *
(2) * * *
(i) For a pump subject to the test methods prescribed in section
III of appendix A to subpart Y of part 431 of this chapter:
PEICL; pump total head in feet (ft.) at BEP and nominal
speed; volume per unit time (flow rate) in gallons per minute (gpm) at
BEP and nominal speed; the nominal speed of rotation in revolutions per
minute (rpm); calculated driver power input at each load point i
(Pini), corrected to nominal speed, in horsepower (hp); full impeller
diameter in inches (in.); pump efficiency at BEP in percent (%);
PERCL; and for RSV and ST pumps, the number of stages
tested.
(ii) For a pump subject to the test methods prescribed in section
IV or V of appendix A to subpart Y of part 431 of this chapter:
PEICL; pump total head in feet (ft.) at BEP and nominal
speed; volume per unit time (flow rate) in gallons per minute (gpm) at
BEP and nominal speed; the nominal speed of rotation in revolutions per
minute (rpm); driver power input at each load point i (Pini), corrected
to nominal speed, in horsepower (hp); full impeller diameter in inches
(in.); whether the PEICL is calculated or tested; pump
efficiency at BEP in percent (%); PERCL; and for RSV and ST
pumps, number of stages tested.
(iii) For a pump subject to the test methods prescribed in section
VI or VII of appendix A to subpart Y of part 431 of this chapter:
PEIVL; pump total head in feet (ft.) at BEP and nominal
speed; volume per unit time (flow rate) in gallons per minute (gpm) at
BEP and nominal speed; the nominal speed of rotation in revolutions per
minute (rpm); driver power input (measured as the input power to the
driver and controls) at each load point i (Pini), corrected to nominal
speed, in horsepower (hp); full impeller diameter in inches (in.);
whether the PEIVL is calculated or tested; pump efficiency
at BEP in percent (%); PERVL; and for RSV and ST pumps, the
number of stages tested.
* * * * *
0
17. Section 429.62 is amended by:
0
a. Revising paragraph (b)(2); and
0
b. Adding paragraph (b)(3).
The revision and addition reads as follows:
Sec. 429.62 Portable air conditioners.
* * * * *
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following public product-specific information: The CEER in
Btu/Wh, the seasonally adjusted cooling capacity in British thermal
units per hour (Btu/h), the duct configuration used for testing
(single-duct or dual-duct), the ability to operate in both
configurations (yes or no), presence of heating function, and primary
condensate removal feature (auto-evaporation, gravity drain, removable
internal collection bucket, or condensate pump).
(3) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following additional public product-specific information:
whether the basic model is variable-speed (yes or no), and if yes; the
full-load seasonally adjusted cooling capacity (SACC_Full), in British
thermal units per hour (Btu/h).
0
18. Section 429.65 is amended by adding paragraphs (e) and (f) to read
as follows:
Sec. 429.65 Dedicated-purpose pool pump motors.
* * * * *
(e) Certification reports for dedicated purpose pool pump motors.
(1) The requirements of Sec. 429.12 apply to dedicated-purpose
pool pump motors.
(2) Pursuant to Sec. 429.12(b)(13), a certification report must
include the following public, product-specific information for each
basic model:
(i) The dedicated-purpose pool pump motor total horsepower as
described at 10 CFR 429.65(c)(1)(v);
(ii) For all basic models with total horsepower less than 0.5 THP,
the full-load efficiency in percent (%) as described at 10 CFR 429.65;
and
(iii) For all basic models with total horsepower greater than or
equal to 0.5 THP: a statement confirming that the motor is a variable
speed control dedicated purpose pool pump motor, as defined at 10 CFR
431.483; and a statement regarding whether freeze protection is shipped
enabled or disabled; for dedicated-purpose pool pump motors distributed
in commerce with freeze protection controls enabled: The default dry-
bulb air temperature setting (in [deg]F), default run time setting (in
minutes), maximum operating speed (in revolutions per minute, or rpm),
and default motor speed in freeze protection mode (in revolutions per
minute, or rpm).
(f) Rounding Requirements.
(1) Round dedicated-purpose-pool pump motor total horsepower to the
nearest hundredth of a THP;
(2) Round full-load efficiency to the nearest tenth of a percent;
and
(3) For dedicated-purpose pool pump motor basic models with total
horsepower greater than or equal to 0.5 THP and distributed in commerce
with freeze protection controls enabled, round the dry-bulb temperature
setting, run time setting, maximum operating speed, and default motor
speed in freeze protection mode to the nearest whole number.
0
19. Section 429.67 is amended by:
0
a. Revising paragraphs (c)(2)(ii)(A)(2), (f)(2), and (f)(3)(i) and
(ii); and
0
b. Adding paragraph (f)(4).
The revisions and addition read as follows:
Sec. 429.67 Air-cooled, three-phase, small commercial package air
conditioning and heating equipment with a cooling capacity of less than
65,000 British thermal units per hour and air-cooled, three-phase,
variable refrigerant flow multi-split air conditioners and heat pumps
with a cooling capacity of less than 65,000 British thermal units per
hour.
* * * * *
(c) * * *
(2) * * *
(ii) * * *
[[Page 67509]]
(A) * * *
(2) The lower 90 percent confidence limit (LCL) of the true mean
divided by 0.95, where:
[GRAPHIC] [TIFF OMITTED] TP29SE23.010
And x is the sample mean; s is the sample standard deviation; n is
the number of samples; and t0.90 is the Student's t-Distribution Values
for a 90 percent one-tailed confidence interval with n-1 degrees of
freedom (from appendix A of this part).
* * * * *
(f) * * *
(2) Pursuant to Sec. 429.12(b)(13), for each individual model (for
single-package systems) or individual combination (for split-systems,
including outdoor units with no match and ``tested combinations'' for
multi-split, multi-circuit, and multi-head mini-split systems), a
certification report must include the following public equipment-
specific information:
(i) Commercial package air conditioning equipment that is air-
cooled with a cooling capacity of less than 65,000 Btu/h (3-Phase):
(A) When certifying compliance with a SEER standard: The seasonal
energy efficiency ratio (SEER in British thermal units per Watt-hour
(Btu/Wh)), and the rated cooling capacity in British thermal units per
hour (Btu/h).
(B) When certifying compliance with a SEER2 standard: the seasonal
energy efficiency ratio 2 (SEER2 in British thermal units per Watt-hour
(Btu/Wh)) and the rated cooling capacity in British thermal units per
hour (Btu/h).
(ii) Commercial package heating equipment that is air-cooled with a
cooling capacity of less than 65,000 Btu/h (3-Phase):
(A) When certifying compliance with an HSPF standard: The seasonal
energy efficiency ratio (SEER in British thermal units per Watt-hour
(Btu/Wh)), the heating seasonal performance factor (HSPF in British
thermal units per Watt-hour (Btu/Wh)), and the rated cooling capacity
in British thermal units per hour (Btu/h).
(B) When certifying compliance with an HSPF2 standard: the seasonal
energy efficiency ratio 2 (SEER2 in British thermal units per Watt-hour
(Btu/Wh)), the heating seasonal performance factor 2 (HSPF2 in British
thermal units per Watt-hour (Btu/Wh)) and the rated cooling capacity in
British thermal units per hour (Btu/h).
(iii) Variable refrigerant flow multi-split air conditioners that
are air-cooled with rated cooling capacity of less than 65,000 Btu/h
(3-Phase):
(A) When certifying compliance with a SEER standard: The seasonal
energy efficiency ratio (SEER in British thermal units per Watt-hour
(Btu/Wh)), and the rated cooling capacity in British thermal units per
hour (Btu/h).
(B) When certifying compliance with a SEER2 standard: the seasonal
energy efficiency ratio 2 (SEER2 in British thermal units per Watt-hour
(Btu/Wh)) and the rated cooling capacity in British thermal units per
hour (Btu/h).
(iv) Variable refrigerant flow multi-split heat pumps that are air-
cooled with rated cooling capacity of less than 65,000 Btu/h (3-Phase):
(A) When certifying compliance with an HSPF standard: The seasonal
energy efficiency ratio (SEER in British thermal units per Watt-hour
(Btu/Wh)), the heating seasonal performance factor (HSPF in British
thermal units per Watt-hour (Btu/Wh)), and the rated cooling capacity
in British thermal units per hour (Btu/h).
(B) When certifying compliance with an HSPF2 standard: the seasonal
energy efficiency ratio 2 (SEER2 in British thermal units per Watt-hour
(Btu/Wh)), the heating seasonal performance factor 2 (HSPF2 in British
thermal units per Watt-hour (Btu/Wh)) and the rated cooling capacity in
British thermal units per hour (Btu/h).
(3) * * *
(i) Air cooled commercial package air conditioning equipment with a
cooling capacity of less than 65,000 Btu/h (3-phase): The nominal
cooling capacity in British thermal units per hour (Btu/h); rated
airflow in standard cubic feet per minute (SCFM) for each fan coil;
rated static pressure in inches of water; refrigeration charging
instructions (e.g., refrigerant charge, superheat and/or subcooling
temperatures); frequency or control set points for variable speed
components (e.g., compressors, VFDs); required dip switch/control
settings for step or variable components; a statement whether the model
will operate at test conditions without manufacturer programming; any
additional testing instructions, if applicable; if a variety of motors/
drive kits are offered for sale as options in the basic model to
account for varying installation requirements, the model number and
specifications of the motor (to include efficiency, horsepower, open/
closed, and number of poles) and the drive kit, including settings,
associated with that specific motor that were used to determine the
certified rating; and which, if any, special features were included in
rating the basic model. Additionally, when certifying compliance with a
SEER2 standard, the supplemental information must also include: for
models of outdoor units with no match, the following characteristics of
the indoor coil: the face area, the coil depth in the direction of
airflow, the fin density (fins per inch), the fin material, the fin
style, the tube diameter, the tube material, and the numbers of tubes
high and deep.
(ii) Commercial package heating equipment that is air-cooled with a
cooling capacity of less than 65,000 Btu/h (3-phase): The nominal
cooling capacity in British thermal units per hour (Btu/h); rated
heating capacity in British thermal units per hour (Btu/h); rated
airflow in standard cubic feet per minute (SCFM) for each fan coil;
rated static pressure in inches of water; refrigeration charging
instructions (e.g., refrigerant charge, superheat and/or subcooling
temperatures); frequency or control set points for variable speed
components (e.g., compressors, VFDs); required dip switch/control
settings for step or variable components; a statement whether the model
will operate at test conditions without manufacturer programming; any
additional testing instructions, if applicable; if a variety of motors/
drive kits are offered for sale as options in the basic model to
account for varying installation requirements, the model number and
specifications of the motor (to include efficiency, horsepower, open/
closed, and number of poles) and the drive kit, including settings,
associated with that specific motor that were used to determine the
certified rating; and which, if any, special features were included in
rating the basic model. Additionally, when certifying compliance with
an HSPF2 standard, the supplemental information must also include: for
models of outdoor units with no match, the following characteristics of
the indoor coil: the face area, the coil depth in the direction of
airflow, the fin density (fins per inch), the fin material, the fin
style, the tube diameter, the tube material, and the numbers of tubes
high and deep.
* * * * *
(4) The basic model number and individual model number(s) required
to be reported under Sec. 429.12(b)(6) must consist of the following:
[[Page 67510]]
----------------------------------------------------------------------------------------------------------------
Individual model number(s)
Equipment type Basic model number -----------------------------------------------------------
1 2 3
----------------------------------------------------------------------------------------------------------------
Single-Package (including Space- Number unique to Package........... N/A............... N/A.
Constrained). the basic model.
Single-Split System (including Number unique to Outdoor Unit...... Indoor Unit....... If applicable--Air
Space-Constrained and SDHV). the basic model. Mover (could be
same as indoor
unit if fan is
part of indoor
unit model
number).
Multi-Split, Multi-Circuit, and Number unique to Outdoor Unit...... When certifying a If applicable--
Multi-Head Mini-Split System the basic model. basic model based When certifying a
(including Space-Constrained on tested basic model based
and SDHV). combination(s): * on tested
* * When combination(s): *
certifying an * *. When
individual certifying an
combination: Each individual
indoor units combination: Each
paired with the air movers paired
outdoor unit. with the outdoor
unit.
Outdoor Unit with No Match...... Number unique to Outdoor Unit...... N/A............... N/A.
the basic model.
----------------------------------------------------------------------------------------------------------------
0
20. Section 429.68 is amended by adding paragraph (b) to read as
follows:
Sec. 429.68 Air cleaners.
* * * * *
(b) Certification reports.
(1) The requirements of Sec. 429.12 are applicable to air
cleaners; and
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following public product-specific information:
(i) Smoke clean air delivery rate (CADR) in cubic feet per minute
(cfm);
(ii) Dust CADR in cfm;
(iii) Pollen CADR in cfm;
(iv) PM2.5 CADR in cfm;
(v) Annual energy consumption in kilowatt hours per year (kWh/yr);
(vi) Integrated energy factor in PM2.5 CADR per watt;
and
(vii) Room size in square feet.
0
21. Section 429.70 is amended by revising Table 2 to paragraph
(c)(5)(vi)(B) to read as follows:
Sec. 429.70 Alternative methods for determining energy efficiency and
energy use.
* * * * *
(c) * * *
(5) * * *
(vi) * * *
(B) * * *
Table 2 to Paragraph (c)(5)(vi)(B)
------------------------------------------------------------------------
Applicable
Equipment Metric tolerance
------------------------------------------------------------------------
Commercial Packaged Boilers.... Combustion Efficiency.. 5% (0.05)
Thermal Efficiency..... 5% (0.05)
Commercial Water Heaters or Hot Thermal Efficiency..... 5% (0.05)
Water Supply Boilers. Standby Loss........... 10% (0.1)
Unfired Storage Tanks.......... R-Value................ 10% (0.1)
Air-Cooled, Split and Packaged Energy Efficiency Ratio 5% (0.05)
ACs and HPs Greater than or Coefficient of 5% (0.05)
Equal to 65,000 Btu/h Cooling Performance. 10% (0.1)
Capacity and Less than 760,000 Integrated Energy
Btu/h Cooling Capacity. Efficiency Ratio.
Water-Cooled, Split and Energy Efficiency Ratio 5% (0.05)
Packaged ACs and HPs, All Coefficient of 5% (0.05)
Cooling Capacities. Performance. 10% (0.1)
Integrated Energy
Efficiency Ratio.
Evaporatively-Cooled, Split and Energy Efficiency Ratio 5% (0.05)
Packaged ACs and HPs, All Coefficient of 5% (0.05)
Capacities. Performance. 10% (0.1)
Integrated Energy
Efficiency Ratio.
Water-Source HPs, All Energy Efficiency Ratio 5% (0.05)
Capacities. Coefficient of 5% (0.05)
Performance. 10% (0.1)
Integrated Energy
Efficiency Ratio.
Single Package Vertical ACs and Energy Efficiency Ratio 5% (0.05)
HPs. Coefficient of 5% (0.05)
Performance. 10% (0.1)
Integrated Energy
Efficiency Ratio.
Packaged Terminal ACs and HPs.. Energy Efficiency Ratio 5% (0.05)
Coefficient of 5% (0.05)
Performance.
Variable Refrigerant Flow ACs Energy Efficiency Ratio 5% (0.05)
and HPs (Excluding Air-Cooled, Coefficient of 5% (0.05)
Three-phase with Less than Performance. 10% (0.1)
65,000 Btu/h Cooling Capacity). Integrated Energy
Efficiency Ratio.
Computer Room Air Conditioners. Sensible Coefficient of 5% (0.05)
Performance. 5% (0.05)
Net Sensible
Coefficient of
Performance.
Direct Expansion-Dedicated Integrated Seasonal 10% (0.1)
Outdoor Air Systems. Coefficient of ..............
Performance 2. 10% (0.1)
Integrated Seasonal
Moisture Removal
Efficiency 2.
Commercial Warm-Air Furnaces... Thermal Efficiency..... 5% (0.05)
Commercial Refrigeration Daily Energy 5% (0.05)
Equipment. Consumption.
------------------------------------------------------------------------
* * * * *
0
22. Section 429.72 is amended by revising paragraph (e) to read as
follows:
Sec. 429.72 Alternative methods for determining non-energy ratings.
* * * * *
(e) Commercial instantaneous water heaters (other than storage-type
instantaneous water heaters) and hot water supply boilers. The storage
volume of a commercial instantaneous water heater (other than storage-
type instantaneous water heaters) or a hot
[[Page 67511]]
water supply boiler basic model may be determined by performing a
calculation of the stored water volume based upon design drawings
(including computer-aided design (CAD) models) or physical dimensions
of the basic model. Any value of storage volume of a basic model
reported to DOE in a certification of compliance in accordance with
Sec. 429.44(c)(2)(iv)-(vii) or Sec. 429.44(c)(3)(iv)-(vii) (as
applicable) must be calculated using the design drawings or physical
dimensions, or measured as per the applicable provisions in the test
procedures in Sec. 431.106 of this chapter. Calculations to determine
storage volume must include all water contained within the water heater
from the inlet connection(s) to the outlet connection(s). The storage
volume of water contained in the water heater must then be computed in
gallons.
0
23. Section 429.134 is amended by adding paragraph (q)(5) to read as
follows:
Sec. 429.134 Product-specific enforcement provisions.
* * * * *
(q) * * *
(5) Break-in period for refrigeration systems. DOE will perform a
compressor break-in period during assessment or enforcement testing
using a duration specified by the manufacturer, not to exceed 20 hours,
only if a break-in period duration is provided in the certification
report.
* * * * *
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
24. The authority citation for part 431 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
25. Amend Sec. 431.2 by revising the definition of ``Covered
equipment'' to read as follows:
Sec. 431.2 Definitions.
* * * * *
Covered equipment means any electric motor, as defined in Sec.
431.12; commercial heating, ventilating, and air conditioning, and
water heating product (HVAC & WH product), as defined in Sec. 431.2;
commercial refrigerator, freezer, or refrigerator-freezer, as defined
in Sec. 431.62; automatic commercial ice maker, as defined in Sec.
431.132; commercial clothes washer, as defined in Sec. 431.152; fan or
blower, as defined in Sec. 431.172; distribution transformer, as
defined in Sec. 431.192; illuminated exit sign, as defined in Sec.
431.202; traffic signal module or pedestrian module, as defined in
Sec. 431.222; unit heater, as defined in Sec. 431.242; commercial
prerinse spray valve, as defined in Sec. 431.262; mercury vapor lamp
ballast, as defined in Sec. 431.282; refrigerated bottled or canned
beverage vending machine, as defined in Sec. 431.292; walk-in cooler
and walk-in freezer, as defined in Sec. 431.302; metal halide ballast
and metal halide lamp fixture, as defined in Sec. 431.322; compressor,
as defined in Sec. 431.342; small electric motor, as defined in Sec.
431.442; pump, as defined in Sec. 431.462; and dedicated purpose pool
pump motor, as defined in Sec. 431.483.
* * * * *
0
26. Amend Sec. 431.305 by:
0
a. Revising paragraph (a)(1);
0
b. Revising paragraphs (b)(1)(i) and (ii), and adding new paragraph
(b)(1)(iii);
0
c. Revising paragraphs (c)(1)(iv) and (v); and
0
d. Adding paragraph (c)(1)(vi).
The revisions and additions read as follows.
Sec. 431.305 Walk-in cooler and walk-in freezer labeling
requirements.
(a) * * *
(1) Required information. The permanent nameplate of a walk-in
cooler or walk-in freezer panel for which standards are prescribed in
Sec. 431.306 must be marked clearly with the following information:
(i) The panel brand or manufacturer;
(ii) The date of manufacture; and
(iii) One of the following statements, as appropriate:
(A) ``This panel is designed and certified for use in walk-in
cooler applications.''
(B) ``This panel is designed and certified for use in walk-in
freezer applications.''
(C) ``This panel is designed and certified for use in walk-in
cooler and walk-in freezer applications.''
* * * * *
(b) * * *
(1) * * *
(i) The door brand or manufacturer;
(ii) For non-display doors manufactured with foam insulation, the
date of manufacture; and
(iii) One of the following statements, as appropriate:
(A) ``This door is designed and certified for use in walk-in cooler
applications.''
(B) ``This door is designed and certified for use in walk-in
freezer applications.''
(C) ``This door is designed and certified for use in walk-in cooler
and walk-in freezer applications.''
* * * * *
(c) * * *
(1) * * *
(iv) If the refrigeration system is a dedicated condensing
refrigeration system, and is not designated for outdoor use, the
statement, ``Indoor use only'' (for a matched pair this must appear on
the condensing unit);
(v) The following statement, as appropriate: ``Only CO2
is approved as a refrigerant for this system;'' and
(vi) One of the following statements, as appropriate:
(A) ``This refrigeration system is designed and certified for use
in walk-in cooler applications.''
(B) ``This refrigeration system is designed and certified for use
in walk-in freezer applications.''
(C) ``This refrigeration system is designed and certified for use
in walk-in cooler and walk-in freezer applications.''
* * * * *
[FR Doc. 2023-19146 Filed 9-28-23; 8:45 am]
BILLING CODE 6450-01-P