[Federal Register Volume 90, Number 102 (Thursday, May 29, 2025)]
[Proposed Rules]
[Pages 22671-22675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09591]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 429
[EERE-2022-BT-TP-0028]
RIN 1904-AF49
Energy Conservation Program: Test Procedure for Central Air
Conditioners and Heat Pumps
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking and request for comment.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) proposes to delay the
applicability of certain product-specific enforcement provisions
related to the controls verification procedure established in a
recently published final rule amending the test procedures for central
air conditioners and heat pumps. DOE is seeking comment from interested
parties on the proposal.
DATES: DOE will accept comments, data, and information regarding this
proposal no later than June 30, 2025. See section IV of this document,
``Submission of Comments,'' for details.
ADDRESSES: Interested persons are encouraged to submit comments using
[[Page 22672]]
the Federal eRulemaking Portal at www.regulations.gov under docket
number EERE-2022-BT-TP-0028. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments,
identified by docket number EERE-2022-BT-TP-0028, by any of the
following methods:
(1) Email: [email protected]. Include the docket
number EERE-2022-BT-TP-0028 in the subject line of the message.
(2) 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.
(3) Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 1000
Independence Avenue SW, Washington, DC 20585-0121. 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 IV 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-2022-BT-TP-0028. The docket web page contains instructions on how
to access all documents, including public comments, in the docket. See
section IV of this document for information on how to submit comments
through www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Ms. Julia Hegarty, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(240) 255-0630. Email: [email protected].
Mr. Pete Cochran, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-4798. Email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
II. Discussion
A. Summary of Comments Received
B. Conclusion and Proposal
III. Procedural Issues and Regulatory Review
IV. Submission of Comments
V. Approval of the Office of the Secretary
I. Authority and Background
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, as codified) 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. Central air conditioners (CACs) and central
air conditioning heat pumps (HPs) (collectively, CAC/HPs) are included
in the list of ``covered products'' for which DOE is authorized to
establish and amend energy conservation standards and test procedures.
(42 U.S.C. 6292 (a)(3)) DOE's currently applicable test procedure for
CAC/HPs is prescribed at 10 CFR part 430, subpart B, appendix M1
(appendix M1).
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
On January 7, 2025, DOE published a final rule amending the Federal
test procedure for CAC/HPs (January 2025 Final Rule). 90 FR 1224. The
January 2025 Final Rule amended the currently applicable test procedure
at appendix M1 and also established a new test procedure at 10 CFR part
430, subpart B, appendix M2 (``appendix M2''), the use of which would
be required beginning on the compliance date of any future amended
standards for CAC/HPs based on the new efficiency metrics established
in appendix M2. Id. at 1284. Additionally, the January 2025 Final Rule
established enforcement provisions related to the use of a controls
verification procedure (CVP), to be conducted per industry standards
AHRI 210/240-2024 and AHRI 1600-2024, for the purposes of assessment
and enforcement testing of CAC/HPs. Id. at 1255-1265.
On January 20, 2025, President Trump issued the ``Regulatory Freeze
Pending Review'' memorandum, which was published in the Federal
Register on January 25, 2025. 90 FR 8249. This presidential action
ordered all executive departments and agencies to consider postponing
for 60 days from the date of the Presidential Memorandum the effective
date of certain rules published in the Federal Register for the purpose
of reviewing any questions of fact, law, and policy that the rules may
raise. Additionally, executive departments and agencies were to
consider opening a comment period to allow interested parties to
provide comments about issues of fact, law, and policy raised by the
rules postponed under the memorandum.
Consistent with the ``Regulatory Freeze Pending Review''
Presidential Memorandum of January 20, 2025, DOE delayed the effective
date of the January 2025 Final Rule to March 21, 2025 (February 2025
delay of effective date). 90 FR 9001 (Feb. 5, 2025). DOE also requested
comments on the impacts of a further delay of the test procedures as
well as legal, factual, or policy issues raised by the rule.
DOE received comments in response to the February 2025 delay of
effective date from the interested parties listed in Table I.1.
Table I.1--List of Commenters With Written Submissions in Response to the February 2025 Delay of Effective Date
Notice
----------------------------------------------------------------------------------------------------------------
Comment No. in
Commenter(s) Reference in this NOPR the docket Commenter type
----------------------------------------------------------------------------------------------------------------
Air-Conditioning, Heating, and AHRI...................... 48 Trade Association.
Refrigeration Institute.
[[Page 22673]]
Bosch Home Comfort....................... Bosch..................... 51 Manufacturer.
Pacific Gas and Electric Company, San CA IOUs................... 56 Utilities.
Diego Gas and Electric, and Southern
California Edison; collectively, the
California Investor-Owned Utilities.
Carrier Global Corporation............... Carrier................... 45 Manufacturer.
Daikin Comfort Technologies North America Daikin.................... 57 Manufacturer.
Inc.
Fujitsu General America, Inc............. FGAI...................... 59 Manufacturer.
GE Appliances............................ GE Appliances............. 50 Manufacturer.
Johnson Controls......................... JCI....................... 52 Manufacturer.
Appliance Standards Awareness Project, Joint Advocates........... 55 Advocacy Organizations.
American Council for an Energy-Efficient
Economy, and National Consumer Law
Center.
Lennox International Inc................. Lennox.................... 46 Manufacturer.
LG Electronics U.S.A., Inc............... LG........................ 54 Manufacturer.
Mitsubishi Electric US, Inc.............. Mitsubishi................ 47 Manufacturer.
Northwest Energy Efficiency Alliance..... NEEA...................... 49 Advocacy Organization.
Rheem Manufacturing Company.............. Rheem..................... 53 Manufacturer.
Trane Technologies....................... Trane..................... 58 Manufacturer.
----------------------------------------------------------------------------------------------------------------
A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\3\
---------------------------------------------------------------------------
\3\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
test procedures for insert product. (Docket No. EERE-2022-BT-TP-
0028, which is maintained at: www.regulations.gov). The references
are arranged as follows: (commenter name, comment docket ID number
at page of that document).
---------------------------------------------------------------------------
In light of the comments received in response to the February 2025
delay of effective date, consistent with the Presidential memorandum of
January 20, 2025, DOE further delayed the effective date of the January
2025 Final Rule by 60 days to May 20, 2025. 90 FR 13052 (Mar. 20,
2025).
The following section discusses DOE's further consideration of the
comments received in response to the February 2025 delay of effective
date regarding the effective date of the CVP provisions established by
the January 2025 Final Rule.
II. Discussion
A. Summary of Comments Received
To the extent that commenters advocated for a further delay in the
effective date of the January 2025 Final Rule, such concerns were
largely limited to the CVP provisions established by the January 2025
Final Rule.
AHRI recommended that DOE further delay the compliance date of the
CVP enforcement provisions to no sooner than July 2026 to provide
additional time for laboratories to demonstrate testing performance
within the CVP tolerances established in the January 2025 Final Rule.
(AHRI, No. 48 at p.2) AHRI stated that it has begun to analyze round
robin CVP test data being collected by third-party test laboratories
and that it would work to collect additional test data during the 2025
certification program year. (Id.) AHRI commented that it would share
relevant findings with DOE by Spring 2026. (Id.)
Comments from Bosch, Daikin, FGAI, JCI, and Rheem similarly
recommended a delay of the CVP enforcement provisions until no sooner
than July 2026. (Bosch, No. 51 at p. 2; Daikin, No. 57 at p. 2; FGAI,
No. 59 at p. 2; JCI, No. 52 at pp. 1-2; Rheem, No. 53 at p. 2) Bosch
asserted that, without sufficient time to demonstrate tolerances can be
met, variable-speed systems would face inconsistent compliance
requirements putting the products at a market disadvantage. (Bosch, No.
51 at p. 2) Daikin asserted that, without further delay of the CVP
provisions, consumers would experience negative consequences in the
form of either reduced product choice or products with reduced consumer
utility. (Daikin, No. 57 at p. 2) Daikin cited concerns regarding
procedure repeatability, demonstrability of tolerances, and a potential
need for product redesign to comply with the CVP. (Id. at pp. 2-4) FGAI
expressed concerns regarding the procedure's repeatability and lack of
clarity dealing with defrost. (FGAI, No. 59 at p. 2) JCI expressed
concerns regarding the CVP's technical complexity, repeatability, and
specified parameters and tolerances. (JCI, No. 52 at p. 2) JCI also
commented that it is still assessing its ability to perform CVP testing
in all of its global laboratories, which may require controls algorithm
updates and, in some case, conditioning equipment upgrades that take
substantial capital investment and time to complete. (Id.)
GE Appliances requested that DOE either issue a policy stating that
the CVP would not be used in enforcement testing until validated, and
that the CVP would not apply to products using R-410A refrigerant; or
use the notice and comment process to remove the CVP provisions from
the CFR until they may be updated and replaced. (GE Appliances, No. 50
at p. 3) GE Appliances expressed concerns regarding the procedure's
completeness, repeatability/reproducibility, lack of clarity dealing
with defrost, and applicability to R-410A products. (Id. at pp. 1-2) GE
Appliances asserted that, without further delay of these provisions,
CVP enforcement would lead to reduced consumer choice and increased
costs for CAC/HPs. (Id. at p. 2)
LG requested that DOE delay the effective date of the CVP
enforcement provisions until either the compliance date of appendix M2,
which would coincide with any future amended standards for CAC/HPs
based on the new metrics established in appendix M2; or until no sooner
than July 2028. (LG, No. 54 at p. 1) LG reiterated the importance of
CVP tolerances to account for differences between regulatory testing
and CVP test conditions, for example in indoor chamber temperature and
humidity as well as airflow control settings. (Id.)
Mitsubishi urged DOE to indefinitely postpone the CVP enforcement
provisions. (Mitsubishi, No. 47 at p. 1) Mitsubishi expressed concerns
regarding procedure repeatability, variable-speed product
mischaracterization, reflections of real-
[[Page 22674]]
world building heat transfer scenarios, discrepancies with regulatory
test conditions, transition period tolerances, and lack of clarity
dealing with defrost and oil return cycles. (Id. at p. 2)
Carrier, Lennox, and Trane supported DOE proceeding with the
January 2025 Final Rule, as finalized, without further delays to its
effective date. (Carrier, No. 45 at p. 1; Lennox, No. 46 at p. 1;
Trane, No. 58 at p. 2) Carrier stated that it has evaluated the CVP
extensively and concluded the procedure appropriately represents the
operation of variable-speed equipment, to ensure systems perform as
certified. (Carrier, No. 45 at p. 2)
The CA IOUs and the Joint Advocates recommended that DOE keep the
effective date of July 2025 for the January 2025 Final Rule, as
published. (CA IOUs, No. 56 at pp. 1-2; Joint Advocates, No. 55 at p.
1) The Joint Advocates commented that the CVP would help ensure the
tested performance of variable-speed equipment reasonably reflects
field performance. (Id.)
NEEA supported the January 2025 Final Rule, including the CVP,
which it asserted is critical to protect the marketplace from products
with inaccurate performance claims. (NEEA, No.49 at p.1) NEEA commented
in detail on the CVP, recommending several improvements that DOE could
consider in the future to address concerns expressed by manufacturers.
(Id. at pp. 2-6) NEEA provided specific recommendations regarding
thermostat calibration, the thermal capacitance values used in the
virtual building load equations, oil return cycles, multi-zone systems,
and temperature ramping during transition periods. (Id. at pp. 4-6)
B. Conclusion and Proposal
In summary, multiple commenters have provided reasonable
justification for further delaying implementation of the CVP
enforcement provisions of the January 2025 Final Rule, with most
commenters suggesting a one-year delay. In consideration of these
comments, DOE has tentatively determined that delaying implementation
of the CVP enforcement provisions is warranted. DOE proposes to delay
implementation of the CVP provisions at 10 CFR 429.134(k)(4)
established in the January 2025 Final Rule by one year until July 7,
2026. DOE requests comment on this proposal.
III. Procedural Issues and Regulatory Review
DOE concludes that the determinations made pursuant to the various
procedural requirements applicable to the January 2025 Final Rule
remain unchanged for this NOPR. These determinations are set forth in
the January 2025 Final Rule and are adopted here. 90 FR 1224, 1268-
1272.
IV. Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule no later than the date provided in the DATES section at
the beginning of this proposed rule. Interested parties may submit
comments, data, and other information using any of the methods
described in the ADDRESSES section at the beginning of this document.
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
should not be included in your comment, nor in any document attached to
your comment. Otherwise, persons viewing comments will see only first
and last names, organization names, correspondence containing comments,
and any documents submitted with the comments.
Do not submit to www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through www.regulations.gov cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through www.regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that www.regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to www.regulations.gov. If
you do not want your personal contact information to be publicly
viewable, do not include it in your comment or any accompanying
documents. Instead, provide your contact information in a cover letter.
Include your first and last names, email address, telephone number, and
optional mailing address. The cover letter will not be publicly
viewable as long as it does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
No telefacsimiles (``faxes'') will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English, and that are free of any defects
or viruses. Documents should not contain special characters or any form
of encryption and, if possible, they should carry the electronic
signature of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: one copy of the document marked
``confidential'' including all the information believed to be
confidential, and one copy of the document marked ``non-confidential''
with the information believed to be confidential deleted. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
[[Page 22675]]
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this proposed
rule.
List of Subjects in 10 CFR Part 429
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental relations, Reporting and recordkeeping requirements,
Small businesses.
Signing Authority
This document of the Department of Energy was signed on May 15,
2025, by Louis Hrkman, Principal Deputy Assistant Secretary for Energy
Efficiency and Renewable Energy, pursuant to delegated authority from
the Secretary of Energy. That document with the original signature and
date is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on May 22, 2025.
Jennifer Hartzell,
Alternate Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE is proposing to amend
part 429 of Chapter II of Title 10, Code of Federal Regulations as set
forth below:
PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 429 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
2. Amend Sec. 429.134 by revising the introductory text to paragraph
(k) to read as follows:
Sec. 429.134 Product-specific enforcement provisions.
* * * * *
(k) Central air conditioners and heat pumps. Before July 7, 2025,
the provisions in this section of this title as it appeared in the 10
CFR parts 200-499 edition revised as of January 1, 2023, are
applicable. On and after July 7, 2025, provisions in paragraph (k)(1),
(k)(2) and (k)(3) shall apply. On and after July 7, 2026, provisions in
paragraph (k)(4) shall also apply.
* * * * *
[FR Doc. 2025-09591 Filed 5-28-25; 8:45 am]
BILLING CODE 6450-01-P