[Federal Register Volume 90, Number 172 (Tuesday, September 9, 2025)]
[Rules and Regulations]
[Pages 43371-43385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-17262]
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DEPARTMENT OF ENERGY
10 CFR Parts 429 and 431
[EERE-2023-BT-CE-0001]
RIN 1904-AF97
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: Final rule; Congressional Review Act (CRA) revocation.
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SUMMARY: The U.S. Department of Energy (DOE) is publishing this final
rule to rescind and amend the certification provisions, labeling
requirements, and enforcement provisions for specific types of consumer
products and commercial and industrial equipment addressed in its final
rule published in the Federal Register on October 9, 2024. DOE is
undertaking this action because the October 9, 2024 final rule was the
subject of a joint resolution of disapproval under the Congressional
Review Act (CRA), which was passed by the U.S. House of Representatives
and the Senate and subsequently signed by the President on May 9, 2025,
after which it became law. Because the October 9, 2024 final rule has
no force or effect, DOE has a nondiscretionary duty to remove the
associated provisions from the Code of Federal Regulations (CFR), and
through this final rule, DOE is taking the necessary action to effect
such rescission.
DATES: The effective date of this rule is September 9, 2025. The
incorporation by reference of certain material listed in the rule is
approved by the Director of the Federal Register as of December 17,
2012.
FOR FURTHER INFORMATION CONTACT:
Mr. Troy Watson, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Program, EE-2J,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(240) 449-9387. Email: [email protected].
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-4798. Email: [email protected].
SUPPLEMENTARY INFORMATION: DOE is reinstating a previously approved
incorporation by reference for the following industry standard into 10
CFR part 429:
Association of Home Appliance Manufacturers (AHAM) ANSI/AHAM
Standard DW-1-2010, (ANSI/AHAM DW-1-2010), ``Household Electric
Dishwashers,'' ANSI approved September 18, 2010.
Copies of ANSI/AHAM DW-1-2010 may be purchased from AHAM at 1111
19th Street NW, Suite 402, Washington, DC 20036, or by going to
www.aham.org.
See section V.M of this document for further discussion of this
standard.
Table of Contents
I. Authority and Background
II. Amendments To Codify the Act in the CFR
III. Conforming Amendments to the Ceiling Fan Test Procedure
IV. Final Action
V. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
[[Page 43372]]
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
N. Congressional Notification
I. Authority and Background
Among other things, the Energy Policy and Conservation Act (EPCA),
Public Law 94-163 (42 U.S.C. 6291-6317, as codified), authorizes DOE to
regulate the energy efficiency of a number of consumer products and
certain industrial equipment.\1\ Title III, Part B \2\ of EPCA
established the Energy Conservation Program for Consumer Products Other
Than Automobiles, which sets forth a variety of provisions designed to
improve energy efficiency. Title III, Part C\3\ of EPCA,\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 package air conditioners and heat pumps with a cooling
capacity of less than 65,000 Btu/h (``three-phase, less than 65,000
Btu/h ACUACs and ACUHPs'') and air-cooled, three-phase 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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On October 9, 2024, DOE published a final rule in the Federal
Register to establish and amend the certification provisions, labeling
requirements, and enforcement provisions for the specific types of
consumer products and commercial and industrial equipment previously
mentioned, as well as making a number of additional corrections and
revising certification templates. 89 FR 81994 (``October 2024 final
rule''). The changes made by the October 2024 final rule were
summarized at pages 81996-82003 of that document and further discussed
and implement elsewhere in that final rule (see 89 FR 81994, 81996-
82003 (Oct. 9, 2024)). The rule became effective on December 23, 2024.
For products or equipment for which this rule establishes the
initial certification regulations for certifying compliance with new or
amended standards, the October 2024 final rule required manufacturers
to submit the initial certification report for basic models distributed
in commerce beginning May 7, 2025. For basic models with existing
certification regulations, October 2024 final rule's amendments to the
reporting requirements for certifying compliance with existing
standards were mandatory beginning with the annual certification report
submitted on or after May 7, 2025.
However, on February 12, 2025, House Joint Resolution 42 (H.J.Res.
42) was introduced pursuant to the Congressional Review Act (CRA; 5
U.S.C. 801-808), and the measure sought to disapprove DOE's October
2024 final rule. The joint resolution of disapproval passed the House
of Representatives on March 5, 2025, and it passed the Senate on April
30, 2025. It was sent to the President on May 6, 2025, and it was
signed on May 9, 2025, thereby becoming Pub. L. 119-8. Accordingly, it
proclaimed the October 2024 final rule as having no force or effect.
Because of the October 2024 final rule's nullification under the
CRA, DOE has a non-discretionary duty to remove the relevant provision
contained in that final rule from the CFR. This final rule takes the
necessary steps to effect such rescission.
II. Amendments To Codify the Act in the CFR
In this final rule, DOE is rescinding and amending numerous
provisions in 10 CFR parts 429 and 431 in order to comply with the
requirements of Pub. L. 119-8, which, pursuant to the CRA, disapproved
and caused DOE's October 9, 2024 final rule to have no force or effect.
Accordingly, DOE is taking action to revert its relevant regulations in
the CFR to the version in effect prior to promulgation of the October
9, 2024 final rule. Table II.1 outlines the changes made in that rule
which are being rescinded in this final rule.
Table II.1--Summary of October 9, 2024 Final Rule Changes to
Certification Reporting Requirements Relative to Prior Certification
Reporting Requirements
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October 9, 2024 final rule
Prior DOE certification reporting amended certification
requirements reporting requirements
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For CAC/HPs, no reporting requirement to Added reporting requirement
indicate whether variable speed coil-only to Sec. 429.16(e)(2)(vi)
rating is based on non-communicating or to specify whether variable
communicating control system. speed coil-only rating is
based on non-communicating
or communicating control
system.
For CAC/HPs, no reporting requirement to Added reporting requirement
indicate whether system varies blower to Sec. 429.16(e)(4)(iv)
speeds with outdoor air conditions. to specify whether system
varies blower speeds with
outdoor air conditions.
For CAC/HPs, current sampling requirements Corrected Sec.
state to use Student's t-Distribution 429.16(b)(3)(i)(B),
Values from ``Appendix D,'' whereas (ii)(B), and (iii)(A)(2) to
appendix A to subpart B of part 429 specify that the Student's
contains the applicable Student's t- t-Distribution Values in
Distribution Values. appendix A to subpart B of
part 429 should be used.
For DWs, reporting requirements in Sec. Removed referenced standard
429.19(b)(2) and (3) and list of in Sec. 429.19(b)(2) and
materials incorporated by reference in from the list of materials
Sec. 429.4 specify ANSI/AHAM DW-1-2010. incorporated by reference
in Sec. 429.4.
[[Page 43373]]
For DWs, reporting requirements do not Added reporting requirements
include cycle selected for energy test. for cycle selected for
energy test at heavy,
medium, and light soil
loads, whether the cycles
are soil-sensing, and the
options selected for the
energy test at these soil
loads (when testing in
accordance with appendix
C2) to Sec.
429.19(b)(3)(iv).
For DWs, reporting requirements do not Added reporting requirement
include cleaning index. for average cleaning index
of sensor heavy response,
sensor medium response, and
sensor light response test
cycles (when testing in
accordance with appendix
C2) to Sec.
429.19(b)(3)(v).
For DWs, reporting requirements do not Added reporting requirements
reflect water re-use system DWs. specific to water re-use
system DWs to Sec.
429.19(b)(3)(vii),
including energy use and
water use associated with
drain out and clean out
events.
For DWs, reporting requirements do not Added reporting requirements
reflect information needed for DWs with specific to DWs with built-
built-in reservoirs. in reservoirs to Sec.
429.19(b)(3)(viii),
including reservoir
capacity, prewash and main
wash fill water volume, and
total water consumption.
For DWs, no rounding requirements are Added rounding requirements
specified in Sec. 429.19. to Sec. 429.19(c).
For RCWs, reporting requirements include Removed obsolete appendix J1
outdated requirements associated with RCW reporting requirements
appendix J1. from Sec.
429.20(b)(2)(i).
For RCWs, ``capacity'' is required to be Updated existing requirement
reported. to specify ``clothes
container capacity'' rather
than ``capacity'' at Sec.
429.20(b)(2)(ii).
For RCWs, reporting requirements do not Added reporting requirement
include test cloth lot used by to Sec. 429.20(b)(3) for
manufacturer for testing and certifying. test cloth lot number used
during testing to determine
other reported values.
For RCWs, no reporting requirements for Added reporting requirements
RCWs tested in accordance with appendix J for energy efficiency
test procedure. ratio, water efficiency
ratio, type of control
system, remaining moisture
content, 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 requirement Added reporting requirement
only includes thermal efficiency for gas- for integrated thermal
fired pool heaters. efficiency for both gas-
fired and electric pool
heaters to Sec.
429.24(b)(2)(i).
For electric pool heaters, no reporting Added reporting requirement
requirement for active electrical power. for active electrical power
for electric pool heaters
to Sec. 429.24(b)(2)(ii).
For dehumidifiers, reporting requirements Removed obsolete appendix X
include outdated requirements associated dehumidifier reporting
with appendix X. requirements from Sec.
429.36(b)(2)(i).
For EPSs, no reporting requirement for Added reporting requirement
output cord specifications. for output cord effective
wire gauge and length (or
for EPSs shipped without an
output cord, effective wire
gauge and length for the
manufacturer's recommended
output cord) to Sec.
429.37(b)(i)-(iv).
For EPSs, no reporting requirements for Added reporting requirements
output voltage. for output voltage to Sec.
429.37(i) through (iv).
For EPSs exempt from the energy Added requirement that the
conservation standards, only the number year for which the sales
of units of exempt external power number being reported
supplies sold during the most recent 12- represents to Sec.
calendar-month period ending on July 31, 429.37(b)(3) and (c).
importer or manufacturer name and
address, and brand name must be reported.
For battery chargers, reporting Added reporting requirements
requirements only reflect metrics to Sec. 429.39(b)(5) and
associated with battery chargers tested (6) for battery chargers
in accordance with appendix Y. tested in accordance with
newly adopted appendix Y1,
multi-metric approach.
For CRACs, reporting requirements do not Added reporting requirements
include provisions for certifying specific to net sensible
compliance with net sensible coefficient coefficient of performance
of performance standards. to Sec.
429.43(b)(2)(ix)(B).
For CRACs, reporting requirements do not Added supplemental testing
include provisions for submitting a instructions file
supplemental testing instructions file in requirements in PDF form
PDF form. for certification reports
to Sec.
429.43(b)(4)(viii).
For CRACs, reporting requirements do not Added reporting requirements
include indoor and outdoor unit for indoor and outdoor unit
individual model numbers. individual model numbers to
Sec. 429.43(b)(6)(i).
For CRACs, current AEDM tolerances do not Added tolerance of 5 percent
specify tolerances for NSenCOP to table 2 to Sec.
verification tests. 429.70(c)(5)(vi)(B) for
CRAC verification tests for
NSenCOP.
For DX-DOASes, reporting requirements do Added reporting requirements
not include provisions for certifying for integrated seasonal
compliance with integrated seasonal moisture removal efficiency
moisture removal efficiency 2 and 2 and integrated seasonal
integrated seasonal coefficient of coefficient of performance
performance 2 standards. 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 requirements do Added reporting requirements
not include reporting requirements for for systems with VERS to
systems with ventilation energy recovery Sec. 429.43(b)(3)(iii).
systems (``VERS'').
For DX-DOASes, reporting requirements do Added supplemental testing
not include provisions for submitting a instructions file
supplemental testing instructions file in requirements in PDF form
PDF form. for certification reports
to Sec. 429.43(b)(4)(x).
For DX-DOASes, reporting requirements do Added reporting requirements
not include indoor and outdoor unit for indoor and outdoor unit
individual model numbers. individual model numbers to
Sec. 429.43(b)(6)(ii).
For three-phase less than 65,000 Btu/h Added reporting requirements
ACUACs and ACUHPs and three-phase less for seasonal energy
than 65,000 Btu/h VRF, no reporting efficiency ratio 2 and
requirements for seasonal energy heating seasonal
efficiency ratio 2 and heating seasonal performance factor 2 to
performance factor 2. Sec. 429.67(f)(2).
[[Page 43374]]
For three-phase less than 65,000 Btu/h Added reporting requirements
ACUACs and ACUHPs and three-phase less for indoor and outdoor unit
than 65,000 Btu/h VRF, reporting individual model numbers to
requirements do not include indoor and Sec. 429.67(f)(4)).
outdoor unit individual model numbers.
For three-phase less than 65,000 Btu/h Added supplemental testing
ACUACs and ACUHPs and three-phase less instructions file
than 65,000 Btu/h VRF, reporting requirements in PDF form
requirements do not include provisions for certification reports
for submitting a supplemental testing for outdoor units with no
instructions file in PDF form for outdoor match to Sec.
units with no match. 429.67(f)(3).
For three-phase less than 65,000 Btu/h Corrected Sec.
ACUACs three-phase less than 65,000 Btu/h 429.67(c)(2)(ii)(A)(2) to
VRF, current sampling requirements state specify that the Student's
to use the Student's t-Distribution t-Distribution Values in
Values from ``appendix D'', whereas appendix A to subpart B of
appendix A to subpart B of part 429 part 429 should be used.
contains the applicable Student's t-
Distribution Values.
For CWHs, no reporting requirements for Added reporting requirements
electric instantaneous water heaters. for electric instantaneous
water heaters to Sec.
429.44(c)(2)(vi)-(vii).
For CWHs, no rated input reporting Added rated input reporting
requirement for electric storage water requirement for electric
heaters. storage water heaters to
Sec. 429.44(c)(2)(i).
For ACIMs, reporting requirements include Updated reporting
``maximum energy use'' and ``maximum requirement terminology to
condenser water use.'' specify ``energy use'' and
``condenser water use'' in
Sec. 429.45(b)(2).
For ACIMs, no rounding requirements for Added rounding requirements
represented values specified in 10 CFR in Sec. 429.45(b)(3) that
429.45. specify represented values
determined in 10 CFR 429.45
must be rounded consistent
with the test procedure
rounding instructions upon
the compliance date of any
amended standards.
For walk-in refrigeration systems, no Added reporting requirement
reporting requirement for whether the for whether the basic model
basic model meets the definition of a CO2 meets the definition of a
unit cooler. CO2 unit cooler to Sec.
429.53(b)(2)(iii)(G).
For walk-in refrigeration systems, the Modified current
configuration reporting requirement does configuration reporting
not include ``detachable single-packaged requirement in Sec.
dedicated system'' or ``attached split 429.53(b)(2)(iii)(C) to
system''. include ``detachable single-
packaged dedicated system''
and ``attached split
system''.
For walk-in dedicated condensing systems, Added reporting requirement
no reporting requirement for head in Sec. 429.53(b)(3)(ii)
pressure controls. for whether the basic model
has head pressure controls.
No supplemental testing instructions for Added requirement in Sec.
walk-in refrigeration systems. 429.53(b)(4) for submission
of supplement test
information in PDF format,
if necessary to run a valid
test, at the time of
certification.
For walk-in refrigeration systems, no Added optional reporting
reporting requirement for compressor requirement to Sec.
break-in duration used to obtain 429.53(b)(3)(ii) for
certified rating. compressor break-in
duration used to obtain
certified rating, if
applicable.
For walk-in doors with anti-sweat heater Added reporting requirements
(ASH) controls, no reporting requirements to Sec.
for conditions at which the controls 429.53(b)(2)(i)(H) for
activate the ASH wire. conditions (i.e.,
temperature, humidity,
etc.) at which the controls
activate the ASH wire.
For walk-in doors, no reporting Added reporting requirement
requirement for thermal conduction load for thermal conduction load
through the door. through the door to Sec.
429.53(b)(3)(i)(B).
For walk-in panels, date of manufacturer Required panel manufacture
is not required on a panel's nameplate or date be added to the
label. nameplate or label in Sec.
431.305(a).
For commercial and industrial pumps, Amended all instances of
Pi\in\ is listed as P\in\i. P\in\i with Pi\in\.
For portable ACs, reporting requirement Removed ``ability to operate
for duct configuration lists ``ability to in both configurations'' as
operate in both configurations'' as an an option in Sec.
option. 429.62(b)(2) and add
reporting requirement for
whether model is
distributed in commerce
with multiple duct
configuration options.
For portable ACs, no reporting requirement Added reporting requirements
for full-load seasonally adjusted cooling for whether the basic model
capacity for variable-speed models. is variable-speed, and if
yes; the full-load
seasonally adjusted cooling
capacity to Sec.
429.62(b)(3).
For compressors, reporting requirements Established an annual filing
are included in 10 CFR 429.63, but no date of September 1 at 10
annual filing date is specified in 10 CFR CFR 429.12(d), by which
429.12. manufacturers would be
required to submit required
reporting information to
DOE.
For DPPPMs, no reporting requirements Added reporting requirements
outlined in 10 CFR 429.65. for DPPPMs to Sec.
429.65(e).
For DPPPMs, no rounding requirements Added rounding requirements
outlined in 10 CFR 429.65. for DPPPMs to Sec.
429.65(f).
For DPPPMs, no annual filing date Established an annual filing
specified in 10 CFR 429.12. date of September 1 at 10
CFR 429.12(d), by which
manufacturers would be
required to submit required
reporting information to
DOE.
For air cleaners, no reporting Added reporting requirements
requirements outlined in 10 CFR 429.68. for air cleaners to Sec.
429.68(b).
For air cleaners, no annual filing date Established an annual filing
specified in 10 CFR 429.12. date of December 1 at 10
CFR 429.12(d), by which
manufacturers would be
required to submit required
reporting information to
DOE.
For air cleaners, 10 CFR 429.68(a)(2)(ii) Corrected 10 CFR
includes a typographical error and states 429.68(a)(2)(ii) to specify
``equal to the high''. ``equal to the lower''.
For SPVUs, reporting requirements do not Added reporting requirements
include provisions for certifying for certifying compliance
compliance with integrated energy with integrated energy
efficiency ratio standards. efficiency ratio standards
to 10 CFR
429.43(b)(2)(v)(B) and
(vi)(B).
[[Page 43375]]
For SPVUs with cooling capacities less Added reporting requirements
than 65,000 Btu/h, reporting requirements to 10 CFR
do not include whether the unit is 429.43(b)(2)(v)(B) and
weatherized or non-weatherized, and if (vi)(B) for whether the
non-weatherized, the airflow rate of unit is weatherized or non-
outdoor ventilation air which is drawn in weatherized, and if non-
and conditioned. weatherized, the airflow
rate of outdoor ventilation
air which is drawn in and
conditioned 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.
For SPVUs, existing supplemental testing Added supplemental testing
instruction requirements do not reflect instruction file content
updated integrated energy efficiency requirements for when
ratio test procedure. certifying compliance with
an integrated energy
efficiency ratio standard
to 10 CFR
429.43(b)(4)(vi)(B) and
(vii)(B).
For CFLKs, reporting requirements Amended reporting
inadvertently omit CFLKs distributed with requirements in 10 CFR
consumer-replaceable SSL. 429.33(b)(2)(ii)(A) and
(b)(3)(ii)(B) to include
CFLKs distributed with
consumer-replaceable SSL.
------------------------------------------------------------------------
III. Final Action
DOE has determined, pursuant to 5 U.S.C. 553(b)(B), that prior
notice and an opportunity for public comment on this final rule are
unnecessary. Given the applicable statutory requirement enacted by
Congress to disapprove the subject October 9, 2024 final rule under the
Congressional Review Act, and the absence of any benefit in providing
comment given that the rule implements the specific requirements of
Public Law 119-8, DOE finds that good cause exists to waive prior
notice and an opportunity for public comment on the actions presented
in this document to implement the provisions of Public Law 119-8
relevant to the subject consumer products and commercial/industrial
equipment. As this rule relieves manufacturers from certain
certification, compliance, and enforcement requirements, DOE finds good
cause pursuant to 5 U.S.C. 553(d)(1) to waive the 30-day delay in
effective date for this rule.
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
This final rule is not a ``significant regulatory action'' under
any of the criteria set out in section 3(f) of Executive Order 12866,
``Regulatory Planning and Review.'' 58 FR 51735 (October 4, 1993).
Accordingly, this action was not subject to review by the Office of
Information and Regulatory Affairs (OIRA) in the Office of Management
and Budget (OMB).
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of a final regulatory flexibility analysis (FRFA) for any
final rule where the agency was first required by law to publish a
proposed rule for public comment, unless the agency certifies that the
rule, if promulgated, will not have a significant economic impact on a
substantial number of small entities. As required by Executive Order
13272, ``Proper Consideration of Small Entities in Agency Rulemaking,''
67 FR 53461 (August 16, 2002), DOE published procedures and policies on
February 19, 2003 to ensure that the potential impacts of its rules on
small entities are properly considered during the DOE rulemaking
process. 68 FR 7990. DOE has made its procedures and policies available
on the Office of the General Counsel's website: https://energy.gov/gc/office-general-counsel. DOE is revising the Code of Federal Regulations
to remove certification provisions, labeling requirements, and
enforcement provisions adopted in the final rule published in the
Federal Register on October 9, 2024, because that final rule has no
force or effect pursuant to a joint resolution of disapproval under the
Congressional Review Act (Pub. L. 119-8). Because this is a technical
amendment for which a general notice of proposed rulemaking is not
required, the analytical requirements of the Regulatory Flexibility Act
do not apply to this rulemaking.
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of the subject products and equipment must certify to
DOE that their products comply with any applicable energy conservation
standards. To certify compliance, manufacturers must first obtain test
data for their products according to the DOE test procedures, including
any amendments adopted for those test procedures. DOE has established
regulations for the certification and recordkeeping requirements for
all covered consumer products and commercial equipment. (See generally
10 CFR part 429.) The collection-of-information requirement for the
certification and recordkeeping is subject to review and approval by
OMB under the Paperwork Reduction Act (PRA). This requirement has been
approved by OMB under OMB control number 1910-1400. Public reporting
burden for the certification is estimated to average 35 hours per
response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
Pursuant to the National Environmental Policy Act (NEPA) of 1969,
DOE has analyzed this action in accordance with NEPA, as amended, DOE's
NEPA implementing regulations (set forth in 10 CFR part 1021), and
DOE's NEPA implementing procedures (published outside the Code of
Federal Regulations on June 30, 2025). On July 3, 2025, DOE published
an interim final rule in the Federal Register which revised 10 CFR part
1021 to contain only administrative and routine actions excepted from
NEPA review in appendix A, its existing categorical exclusions in
appendix B, related requirements, and a provision for emergency
circumstances. 90 FR 29676. DOE notes that appendix A in 10 CFR part
1021 (formerly categorical exclusions) are now administrative and
routine actions that do not require NEPA review.
[[Page 43376]]
Upon due consideration of those authorities, DOE has determined
that NEPA does not apply to this action, as this final rule is an
administrative and routine action excepted from NEPA review for the
reasons that follow. Because the CRA resolution of disapproved rendered
the October 2024 final rule without force or effect, DOE has a non-
discretionary duty to remove the relevant provision contained in that
final rule from the CFR, and this final rule takes the necessary steps
to effect such rescission. Accordingly, DOE has determined that because
this action is being taken at the direction of Congress, the rule is an
administrative and routine action. DOE had determined that this
rulemaking is a Federal action, but it is not a ``major Federal
action'' significantly affecting the quality of the human environment
within the meaning of section 110(10) of NEPA, 42 U.S.C. 4336e(10), so
no further environmental review is needed. For more information, please
see appendix A of 10 CFR part 1021 (``A5, Interpretive rulemakings with
no change in environmental effect'') and appendix A of DOE's NEPA
implementing procedures, A5, Interpretive rulemakings with no change in
environmental effect (June 30, 2025).
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have Federalism implications. The Executive Order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive Order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have Federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. 65 FR 13735. DOE examined this final
rule and determined that it will not have a substantial direct effect
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this final rule. States can petition
DOE for exemption from such preemption to the extent, and based on
criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is
required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation (1) clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this final rule meets the relevant standards of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action resulting in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at https://energy.gov/gc/office-general-counsel. DOE examined this
final rule according to UMRA and its statement of policy and determined
that the rule contains neither an intergovernmental mandate, nor a
mandate that may result in the expenditure of $100 million or more in
any year, so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This final rule will not have any impact on the autonomy or integrity
of the family as an institution. Accordingly, DOE has concluded that it
is not necessary to prepare a Family Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by 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 https://www.energy.gov/
[[Page 43377]]
sites/prod/files/2019/12/f70/
DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has
reviewed this final rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that (1) is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action is not a significant regulatory action under
Executive Order 12866. Moreover, it would not have a significant
adverse effect on the supply, distribution, or use of energy, nor has
it been designated as a significant energy action by the Administrator
of OIRA. Therefore, it is not a significant energy action, and,
accordingly, DOE has not prepared a Statement of Energy Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA)
Section 32 essentially provides in relevant part that, where a proposed
rule authorizes or requires use of commercial standards, the notice of
proposed rulemaking must inform the public of the use and background of
such standards. In addition, section 32(c) requires DOE to consult with
the Attorney General and the Chairman of the Federal Trade Commission
(FTC) concerning the impact of the commercial or industry standards on
competition.
In this final rule, DOE is reinstating reference to ANSI/AHAM DW-1-
2010 as the test method for dishwashers. Because this is a technical
amendment for which a general notice of proposed rulemaking is not
required and because DOE did not propose the incorporation by
reference, section 32 does not apply to this rulemaking.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule prior to its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
N. Description of Materials Incorporated by Reference
In this final rule, DOE is reinstating an incorporation by
reference (as referenced in the amendatory text of this document) for a
testing standard published by the Association of Home Appliance
Manufacturers (AHAM) that was previously approved by the Director of
the Federal Register as of December 17, 2012 for incorporation in
Sec. Sec. 429.4 and 429.19 for use with the dishwashers test
procedure: ANSI/AHAM Standard DW-1-2010 (ANSI/AHAM DW-1-2010),
``Household Electric Dishwashers,'' ANSI approved September 18, 2010.
Copies of ANSI/AHAM DW-1-2010 may be purchased from AHAM at 1111 19th
Street NW, Suite 402, Washington, DC 20036, or by going to
www.aham.org.
Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
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, and Small businesses.
10 CFR Part 431
Administrative practice and procedure, Confidential business
information, Energy conservation test procedures, and Reporting and
recordkeeping requirements.
Signing Authority
This document of the Department of Energy was signed on September
4, 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 September 5, 2025.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble and under the authority of
the Congressional Review Act (5 U.S.C. 801-808) and Public Law 119-8,
DOE amends parts 429 and 431 of subchapter D 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. 429.4 by redesignating paragraphs (b)(1) and (2) as
paragraphs (b)(2) and (3), respectively, and reinstating paragraph
(b)(1) to read as follows:
Sec. 429.4 Materials incorporated by reference.
* * * * *
(b) * * *
(1) ANSI/AHAM DW-1-2010, Household Electric Dishwashers, (ANSI
approved September 18, 2010), IBR approved for Sec. 429.19.
* * * * *
0
3. Amend Sec. 429.12 by reinstating paragraphs (b)(12) and (13), (d),
and (i) to 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
[[Page 43378]]
conservation (such as ``AEDM,'' or linear interpolation). Manufacturers
of commercial packaged boilers, commercial water heating equipment,
commercial refrigeration equipment, commercial HVAC equipment, and
central air conditioners and central air conditioning heat pumps 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 429.63 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 March 1.
fluorescent lamps; General service
fluorescent lamps, general service
incandescent lamps, and incandescent
reflector lamps; Candelabra base
incandescent lamps and intermediate base
incandescent lamps; Ceiling fans; Ceiling
fan light kits; Showerheads; Faucets;
Water closets; and Urinals.
Water heaters; Consumer furnaces; Pool May 1.
heaters; Commercial water heating
equipment; Commercial packaged boilers;
Commercial warm air furnaces; Commercial
unit heaters; and Furnace fans.
Dishwashers; Commercial pre-rinse spray June 1.
valves; Illuminated exit signs; Traffic
signal modules and pedestrian modules; and
Distribution transformers.
Room air conditioners; Central air July 1.
conditioners and central air conditioning
heat pumps; and Commercial heating,
ventilating, air conditioning (HVAC)
equipment.
Consumer refrigerators, refrigerator- August 1.
freezers, and freezers; Commercial
refrigerators, freezers, and refrigerator-
freezers; Automatic commercial ice makers;
Refrigerated bottled or canned beverage
vending machines; Walk-in coolers and walk-
in freezers; and Consumer miscellaneous
refrigeration products.
Torchieres; Dehumidifiers; Metal halide September 1.
lamp ballasts and fixtures; External power
supplies; Pumps; and Battery chargers..
Residential clothes washers; Residential October 1.
clothes dryers; Direct heating equipment;
Cooking products; and Commercial clothes
washers.
------------------------------------------------------------------------
* * * * *
(i) Compliance dates. For any product subject to an applicable
energy conservation standard for which the compliance date has not yet
occurred, a certification report must be submitted not later than the
compliance date for the applicable energy conservation standard. The
covered products enumerated below are subject to the stated compliance
dates for initial certification:
(1) Commercial warm air furnaces, packaged terminal air
conditioners, and packaged terminal heat pumps, July 1, 2014;
(2) Commercial gas-fired and oil-fired instantaneous water heaters
less than 10 gallons and commercial gas-fired and oil-fired hot water
supply boilers less than 10 gallons, October 1, 2014;
(3) All other types of covered commercial water heaters except
those specified in paragraph (i)(2) of this section, commercial
packaged boilers with input capacities less than or equal to 2.5
million Btu/h, and self-contained commercial refrigeration equipment
with solid or transparent doors, December 31, 2014;
(4) Variable refrigerant flow air conditioners and heat pumps,
March 31, 2015;
(5) Small, large, and very large air-cooled, water-cooled,
evaporatively-cooled, and water-source commercial air conditioning and
heating equipment, single package vertical units, computer room air
conditioners, commercial package boilers with input capacities greater
than 2.5 million Btu/h, and all other types of commercial refrigeration
equipment except those specified in paragraph (i)(3) of this section,
July 1, 2015.
0
4. Amend Sec. 429.16 by:
0
a. Reinstating paragraphs (b)(3)(i)(B), (b)(3)(ii)(B),
(b)(3)(iii)(A)(2), and (e)(2)(v);
0
b. Removing paragraph (e)(2)(vi); and
0
c. Reinstating paragraph (e)(4)(iv).
The reinstated provisions 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] TR09SE25.002
And x is the sample mean; s is the sample standard deviation; n is
the number of samples; and t0.90 is the t statistic for a 90
percent one-tailed confidence interval with n-1 degrees of freedom
(from appendix D). 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] TR09SE25.003
And x is the sample mean; s is the sample standard deviation; n is
the number of samples; and t0.90 is the t statistic for a 90
percent one-tailed confidence interval with n-1 degrees of freedom
(from appendix D). Round represented values of EER2, SEER2, HSPF2, EER,
SCORE, and SHORE to the nearest 0.05.
(iii) * * *
(A) * * *
(2) The lower 90 percent confidence limit (LCL) of the true mean
divided by 0.95, where:
[GRAPHIC] [TIFF OMITTED] TR09SE25.004
And x is the sample mean; s is the sample standard deviation; n is
the number of samples; and t0.90 is the t statistic for a 90
percent one-tailed confidence interval with n-1 degrees of freedom
(from appendix D).
* * * * *
(e) * * *
(2) * * *
[[Page 43379]]
(v) For all split systems including outdoor units with no match,
the refrigerant.
* * * * *
(4) * * *
(iv) For blower coil systems, the airflow-control settings
associated with full load cooling operation; and the airflow-control
settings or alternative instructions for setting fan speed to the speed
upon which the rating is based;
* * * * *
0
5. Amend Sec. 429.19 by removing paragraph (c) and reinstating
paragraphs (b)(2) and (3) to 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 as specified in ANSI/AHAM DW-1-2010 (incorporated by
reference, see Sec. 429.4).
(3) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following additional product-specific information--
(i) The presence of a soil sensor, and if yes, the number of cycles
required to reach calibration;
(ii) The water inlet temperature used for testing in degrees
Fahrenheit ([deg]F);
(iii) The cycle selected for the energy test and whether that cycle
is soil-sensing;
(iv) The options selected for the energy test;
(v) Presence of a built-in water softening system, and if yes, the
energy use in kilowatt-hours and the water use in gallons required for
each regeneration of the water softening system, the number of
regeneration cycles per year, and data and calculations used to derive
these values; and
(vi) Indication of whether Cascade Complete Powder 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 to subpart B of part 430. 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 to subpart B of part 430. 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
chapter.
0
6. Amend Sec. 429.20 by reinstating 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 J1: The modified energy factor (MEF) in cubic feet per
kilowatt hour per cycle (cu ft/kWh/cycle), the capacity in cubic feet
(cu ft), the corrected remaining moisture content (RMC) expressed as a
percentage, and, for standard-size residential clothes washers, a water
factor (WF) in gallons per cycle per cubic foot (gal/cycle/cu ft).
(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
capacity in cu ft, the corrected remaining moisture content (RMC)
expressed as a percentage, and the type of loading (top-loading or
front-loading).
(3) Pursuant to Sec. 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.
(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; RMC to the
nearest 0.1 percentage point; and clothes container capacity to the
nearest 0.1 cu ft.
0
7. Amend Sec. 429.24 by:
0
a. Reinstating paragraph (a)(2) introductory text;
0
b. Removing paragraphs (a)(3) and (4);
0
c. Reinstating paragraph (b)(2); and
0
d. Removing paragraph (c).
The reinstated provisions read as follows:
Sec. 429.24 Pool heaters.
(a) * * *
(2) For each basic model of pool heater, a sample of sufficient
size shall be randomly selected and tested to ensure that any
represented value of the thermal efficiency 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:
* * * * *
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following public product-specific information: The thermal
efficiency in percent (%) and the input capacity in British thermal
units per hour (Btu/h).
8. Amend Sec. 429.33 by reinstating paragraphs (b)(2)(ii)(A) and
(b)(3)(ii)(B) to read as follows.
Sec. 429.33 Ceiling fan light kits.
* * * * *
(b) * * *
(2) * * *
(ii) * * *
(A) For each basic model of lamp and/or each basic model of non-
consumer-replaceable SSL packaged with the ceiling fan light kit, the
brand, basic model number, test sample size, kind of lamp (i.e.,
general service fluorescent lamp (GSFL); fluorescent lamp with a pin
base that is not a GSFL; compact fluorescent lamp (CFL) with a medium
screw base; CFL with a base that is not medium screw base [e.g.,
candelabra base]; other fluorescent lamp [not GSFL or CFL]; general
service incandescent lamp (GSIL); candelabra base incandescent lamp;
intermediate base incandescent lamp; incandescent reflector lamp; other
incandescent lamp [not GSIL, IRL, candelabra base or intermediate base
incandescent lamp]; integrated LED lamp; non-consumer-replaceable SSL;
consumer-replaceable SSL [not integrated LED lamps] and other SSL lamps
that have an ANSI standard base and are not integrated LED lamps; other
lamp not specified), lumen output in lumens (lm), and efficacy in
lumens per watt (lm/W).
* * * * *
(3) * * *
(ii) * * *
(B) For each basic model of lamp and/or each basic model of non-
consumer-replaceable SSL packaged with the
[[Page 43380]]
ceiling fan light kit, a declaration that, where applicable, the lamp
basic model was tested by a laboratory accredited as required under
Sec. 430.25 of this chapter; and
* * * * *
0
9. Amend Sec. 429.36 by reinstating paragraphs (b)(2)(i) and
(b)(2)(ii) to read as follows:
Sec. 429.36 Dehumidifiers.
* * * * *
(b) * * *
(2) * * *
(i) For dehumidifiers tested in accordance with appendix X: The
energy factor in liters per kilowatt hour (liters/kWh) and capacity in
pints per day.
(ii) For dehumidifiers tested in accordance with appendix X1: The
integrated energy factor in liters per kilowatt (liters/kWh), capacity
in pints per day, and for whole-home dehumidifiers, case volume in
cubic feet.
0
10. Amend Sec. 429.37 by reinstating paragraphs (b)(2) and (3) and (c)
to 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), 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, nameplate output power in watts (W), 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 highest and lowest nameplate
output voltages, 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), 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.
(c) Exempt external power supplies. (1) For external power supplies
that are exempt from energy conservation standards pursuant to Sec.
430.32(w)(2) of this chapter and are not required to be certified
pursuant to Sec. 429.12(a) as compliant with an applicable standard,
the importer or domestic manufacturer must, no later than September 1,
2017, and annually by each September 1st thereafter, submit a report
providing the following information if, in aggregate, the total number
of exempt EPSs sold as spare and service parts by the importer or
manufacturer exceeds 1,000 units across all models:
(i) The importer or domestic manufacturer's name and address;
(ii) The brand name; and
(iii) The number of units sold during the most recent 12-calendar-
month period ending on July 31.
(2) The report must be submitted to DOE in accordance with the
submission procedures set forth in Sec. 429.12(h).
0
11. Amend Sec. 429.39 by:
0
a. Reinstating paragraphs (a)(1), (a)(2)(ii) introductory text, and
(a)(2)(iii) introductory text;
0
b. Removing paragraphs (a)(2)(v) and (vi);
0
c. Reinstating paragraphs (b)(2) and (3); and
0
d. Removing paragraphs (b)(5) and (6).
The reinstated provisions read as follows:
Sec. 429.39 Battery chargers.
(a) * * *
(1) Represented values include: 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)
for all battery chargers other than uninterruptible power supplies
(UPSs); and average load adjusted efficiency (Effavg) for
UPSs.
(2) * * *
(ii) For each basic model of battery chargers other than UPSs, 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,
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:
* * * * *
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), 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), duration of the charge and maintenance mode test
(tcd), and unit energy consumption (UEC).
(3) Pursuant to Sec. 429.12(b)(13), a certification report must
include the following product-specific information for all battery
chargers other than UPSs: The manufacturer and model of the test
[[Page 43381]]
battery, and the manufacturer and model, when applicable, of the
external power supply.
* * * * *
0
12. Amend Sec. 429.43 by:
0
a. Reinstating the section heading and paragraphs (b)(2)(v), (vi), and
(ix);
0
b. Removing paragraphs (b)(2)(xi) and (b)(3)(iii);
0
c. Reinstating paragraphs (b)(4)(vi) through (viii); and
0
d. Removing paragraphs (b)(4)(x) and (b)(6).
The reinstated provisions read as follows:
Sec. 429.43 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).
* * * * *
(b) * * *
(2) * * *
(v) Single package vertical air conditioners: 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).
(vi) Single package vertical heat pumps: The energy efficiency
ratio (EER in British thermal units per Watt-hour (Btu/Wh)), the
coefficient of performance (COP), and the rated cooling capacity in
British thermal units per hour (Btu/h).
* * * * *
(ix) Computer room air-conditioners: 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).
* * * * *
(4) * * *
(vi) Single package vertical air-conditioners: 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.
(vii) Single package vertical heat pumps: 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.
(viii) Computer room air-conditioners: Any additional testing
instructions, if applicable; and which, if any, special features were
included in rating the basic model.
* * * * *
0
13. Amend Sec. 429.44 by reinstating paragraph (c)(2) to read as
follows:
Sec. 429.44 Commercial water heating equipment.
* * * * *
(c) * * *
(2) Pursuant to Sec. 429.12(b)(13), a certification report must
include the following public equipment-specific information:
(i) Commercial electric storage water heaters with storage capacity
less than or equal to 140 gallons: The standby loss in percent per hour
(%/h) and the measured storage volume in gallons (gal).
(ii) Commercial gas-fired and oil-fired storage water heaters with
storage capacity less than or equal to 140 gallons: The thermal
efficiency in percent (%), the standby loss in British thermal units
per hour (Btu/h), the rated storage volume in gallons (gal), and the
rated input in British thermal units per hour (Btu/h).
(iii) Commercial water heaters and hot water supply boilers with
storage capacity greater than 140 gallons: The thermal efficiency in
percent (%); whether the storage volume is greater than 140 gallons
(Yes/No); whether the tank surface area is insulated with at least R-
12.5 (Yes/No); whether a standing pilot light is used (Yes/No); for gas
or oil-fired water heaters, whether the basic model has a fire damper
or fan-assisted combustion (Yes/No); and, if applicable, pursuant to
Sec. 431.110 of this chapter, the standby loss in British thermal
units per hour (Btu/h); the measured storage volume in gallons (gal);
and the rated input in British thermal units per hour (Btu/h).
(iv) Commercial gas-fired and oil-fired instantaneous water heaters
with storage capacity greater than or equal to 10 gallons and gas-fired
and oil-fired hot water supply boilers with storage capacity greater
than or equal to 10 gallons: The thermal efficiency in percent (%); the
standby loss in British thermal units per hour (Btu/h); the rated
storage volume in gallons (gal); the rated input in British thermal
units per hour (Btu/h); whether the water heater includes a storage
tank with a storage volume greater than or equal to 10 gallons (Yes/
No). For equipment that does not meet the definition of storage-type
instantaneous water heaters (as set forth in 10 CFR 431.102), in
addition to the requirements discussed previously in this paragraph
(c)(2)(iv), the following must also be included in the certification
report: whether the measured storage volume is determined using 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 main burner 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); if the water heater is equipped with
integral pump purge, the default duration of the pump off delay
(minutes).
(v) Commercial gas-fired and oil-fired instantaneous water heaters
with storage capacity less than 10 gallons and gas-fired and oil-fired
hot water supply boilers with storage capacity less than 10 gallons:
The thermal efficiency in percent (%); the rated storage volume in
gallons (gal), the rated input in British thermal units per hour (Btu/
h); and whether the measured storage volume is determined using weight-
based test in accordance with Sec. 431.106 of this chapter or the
calculation-based method in accordance with Sec. 429.72.
(vi) Commercial unfired hot water storage tanks: The thermal
insulation (i.e., R-value) and stored volume in gallons (gal).
* * * * *
0
14. Amend Sec. 429.45 by removing paragraph (b)(3) and reinstating
paragraph (b)(2) to read as follows:
Sec. 429.45 Automatic commercial ice makers.
* * * * *
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following public product-specific information: The maximum
energy use in kilowatt hours per 100 pounds of ice
[[Page 43382]]
(kWh/100 lb ice), the maximum condenser water use in gallons per 100
pounds of ice (gal/100 lbs. ice), the harvest rate in pounds of ice per
24 hours (lbs. ice/24 hours), the type of cooling, and the equipment
type.
0
15. Amend Sec. 429.53 by reinstating 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 doors: The door type, R-value of the door insulation, and a
declaration that the manufacturer has incorporated the applicable
design requirements. In addition, for those walk-in coolers and walk-in
freezers 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
anti-sweat heater in watts per square foot of door opening must also be
included.
(ii) For walk-in cooler and walk-in freezer panels: The R-value of
the insulation.
(iii) For walk-in cooler and walk-in freezer refrigeration systems:
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;
(3) Pursuant to Sec. 429.12(b)(13), starting on June 5, 2017, a
certification report must include the following public product-specific
information in addition to the information listed in paragraph (b)(2)
of this section:
(i) For walk-in cooler and walk-in freezer doors: The door energy
consumption and rated surface area in square feet.
(ii) For refrigeration systems that are medium-temperature
dedicated condensing units, medium-temperature single-package dedicated
systems, or medium-temperature matched systems: The refrigeration
system AWEF, net capacity, the configuration tested for certification
(e.g., condensing unit only, unit cooler only, single-package 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.
(4) Pursuant to Sec. 429.12(b)(13), starting on June 5, 2017, a
certification report must include the following product-specific
information in addition to the information listed in paragraphs (b)(2)
and (3) of this section:
(i) For walk-in cooler and walk-in freezer doors: 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.
(5) When certifying compliance to the AWEF refrigeration standards
for WICF refrigeration systems except those specified in (b)(3)(ii) of
this section, a certification report must include the following public
product-specific information in addition to the information listed in
paragraph (b)(2) of this section: For refrigeration systems that are
low-temperature dedicated condensing units, low-temperature matched
systems, low-temperature single-package dedicated systems, or medium
and low-temperature unit coolers: The refrigeration system AWEF, net
capacity, the configuration tested for certification (e.g., condensing
unit only, unit cooler only, single-package 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.
0
16. Amend Sec. 429.59 by reinstating paragraphs (b)(2)(i) through
(iii) to 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.); 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; 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; and for RSV and
ST pumps, the number of stages tested.
* * * * *
0
17. Amend Sec. 429.62 by removing paragraph (b)(3) and reinstating
paragraphs (a)(5) and (b)(2) to read as follows:
Sec. 429.62 Portable air conditioners.
(a) * * *
(5) The represented value of combined energy efficiency ratio or
annualized energy efficiency ratio of a basic model must be rounded to
the nearest 0.1 Btu/Wh.
* * * * *
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following public product-specific information: The combined
energy efficiency ratio (CEER in British thermal units per Watt-hour
(Btu/Wh), the seasonally adjusted cooling capacity in British thermal
units per hour (Btu/h), the duct configuration (single-duct, dual-duct,
or ability to operate in both duct configurations), presence of heating
function, and primary condensate removal feature (auto-evaporation,
gravity drain, removable internal collection bucket, or condensate
pump).
Sec. 429.65 [Amended]
0
18. Amend Sec. 429.65 by removing paragraphs (e) and (f).
0
19. Amend Sec. 429.67 by removing paragraph (f)(4) and by reinstating
paragraphs (c)(2)(ii)(A)(2), (f)(2), and (f)(3)(i) and (ii) to read as
follows:
[[Page 43383]]
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) * * *
(A) * * *
(2) The lower 90 percent confidence limit (LCL) of the true mean
divided by 0.95, where:
[GRAPHIC] [TIFF OMITTED] TR09SE25.005
And x is the sample mean; s is the sample standard deviation; n is
the number of samples; and t0.90 is the t statistic for a 90 percent
one-tailed confidence interval with n-1 degrees of freedom (from
appendix D to this subpart).
* * * * *
(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): 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).
(ii) Commercial package heating equipment that is air-cooled with a
cooling capacity of less than 65,000 Btu/h (3-Phase): 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).
(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): The seasonal energy efficiency ratio (SEER in British
thermal units per Watt-hour (Btu/Wh)) and 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):
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 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.
(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.
* * * * *
0
20. Amend Sec. 429.68 by reinstating paragraph (a)(2)(ii) introductory
text and removing and reserving paragraph (b) to read as follows:
Sec. 429.68 Air cleaners.
(a) * * *
(2) * * *
(ii) Any represented value of the integrated energy factor or other
measure of energy consumption of a basic mode for which consumers would
favor higher values shall be less than or equal to the high:
* * * * *
(b) [Reserved]
0
21. Amend Sec. 429.70 by reinstating 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)
Thermal Efficiency..... 5% (0.05)
Commercial Water Heaters or Hot Standby Loss........... 10% (0.1)
Water Supply Boilers.
[[Page 43384]]
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 Energy Efficiency Ratio 5% (0.05)
Equal to 65,000 Btu/h Cooling 2. 5% (0.05)
Capacity and Less Than 760,000 Coefficient of 5% (0.05)
Btu/h Cooling Capacity. Performance. 10% (0.1)
Coefficient of 10% (0.1)
Performance 2. 10% (0.1)
Integrated Energy
Efficiency Ratio.
Integrated Ventilation,
Economizing, and
Cooling.
Integrated Ventilation
and Heating Efficiency.
Water-Cooled, Split and Energy Efficiency Ratio 5% (0.05)
Packaged ACs, All Cooling Energy Efficiency Ratio 5% (0.05)
Capacities. 2. 10% (0.1)
Integrated Energy 10% (0.1)
Efficiency Ratio.
Integrated Ventilation,
Economizing, and
Cooling.
Evaporatively-Cooled, Split and Energy Efficiency Ratio 5% (0.05)
Packaged ACs, All Capacities. Energy Efficiency Ratio 5% (0.05)
2. 10% (0.1)
Integrated Energy 10% (0.1)
Efficiency Ratio.
Integrated Ventilation,
Economizing, and
Cooling.
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.
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.
Direct Expansion-Dedicated Integrated Seasonal 10% (0.1)
Outdoor Air Systems. Coefficient of 10% (0.1)
Performance 2.
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. Amend Sec. 429.72 by reinstating paragraph (e) to read as follows:
Sec. 429.72 Alternative methods for determining non-energy ratings.
* * * * *
(e) Commercial gas-fired and oil-fired instantaneous water heaters
and hot water supply boilers. The storage volume of a commercial gas-
fired or oil-fired instantaneous water heater or a commercial gas-fired
or oil-fired hot 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) and (v) must be calculated using the design
drawings or physical dimensions, or measured as per the applicable
provisions in the test procedures in 10 CFR 431.106. The storage volume
determination must include all water contained within the water heater
from the inlet connection to the outlet connection(s). The storage
volume of water contained in the water heater must then be computed in
gallons.
* * * * *
Sec. 429.134 [Amended]
0
23. Amend Sec. 429.134 by removing paragraph (q)(5).
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 reinstating 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. 431.172;
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;
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.
* * * * *
0
26. Amend Sec. 431.305 by reinstating paragraphs (a)(1) and (b)(1) to
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; and
(ii) One of the following statements, as appropriate:
[[Page 43385]]
(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) Required information. The permanent nameplate of a walk-in
cooler or walk-in freezer door for which standards are prescribed in
Sec. 431.306 must be marked clearly with the following information:
(i) The door brand or manufacturer; and
(ii) 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.''
* * * * *
[FR Doc. 2025-17262 Filed 9-8-25; 8:45 am]
BILLING CODE 6450-01-P