G/TBT/N/USA/1846  
31 March 2022  
(22-2629) Page: 1/3 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  United States of America  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  Office of Energy Efficiency and Renewable Energy (OEERE), 
Department of Energy (DOE) [1875]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ],3.2 [  ], 7.2 [  ], 
other  :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
Commercial heating and air -conditioning equipment; Air conditioning machines 
comprising a motor -driven fan and elements for changing the temperature and humidity, 
incl. those machines in which the humidity cannot be separately regulated; parts thereof 
(HS code(s): 8415); Refrigerators, freezers and other refri gerating or freezing equipment, 
electric or other; heat pumps; parts thereof (excl. air conditioning machines of heading 
8415) (HS code(s): 8418); Machinery, plant or laboratory equipment whether or not 
electrically heated (excl. furnaces, ovens and other equipment of heading 8514), for the 
treatment of materials by a process involving a change of temperature such as heating, 
cooking, roasting, distilling, rectifying, sterilising, pasteurising, steaming, drying, 
evaporating, vaporising, condensing or coolin g (excl. those used for domestic purposes); 
instantaneous or storage water heaters, non -electric; parts thereof (HS code(s): 8419); 
Electric instantaneous or storage water heaters and immersion heaters; electric space -
heating apparatus and soil -heating app aratus; electro -thermic hairdressing apparatus, 
e.g. hairdryers, hair curlers and curling tong heaters, and hand dryers; electric smoothing 
irons; other electro -thermic appliances of a kind used for domestic purposes; electric 
heating resistors (other than  those of heading 8545); parts thereof (HS code(s): 8516); 
Environmental protection (ICS code(s): 13.020); Ventilators. Fans. Air -conditioners (ICS 
code(s): 23.120); Heat pumps (ICS code(s): 27.080)  
5. Title, number of pages and language(s) of the notifie d document:  Energy 
Conservation Program: Energy Conservation Standards for Air Cooled, Three -Phase, 
Small Commercial Air Conditioners and Heat Pumps With a Cooling Capacity of Less Than 
65,000 Btu/h and Air -Cooled, Three -Phase, Variable Refrigerant Flow Ai r Conditioners and 
Heat Pumps With a Cooling Capacity of Less Than 65,000 Btu/h; (23 page(s), in English)  G/TBT/N/USA/1846  
 
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  6. Description of content:  Notice of proposed rulemaking and request for comment - The 
Energy Policy and Conservation Act, as amended ("EPCA"), presc ribes energy 
conservation standards for various consumer products and certain commercial and 
industrial equipment, including small, large, and very large commercial package air 
conditioning and heating equipment, of which air cooled, three -phase, small com mercial 
air conditioners and heat pumps with a cooling capacity of less than 65,000 Btu/h and 
air-cooled, three -phase, variable refrigerant flow air conditioners and heat pumps with a 
cooling capacity of less than 65,000 Btu/h are categories. EPCA requires  the U.S. 
Department of Energy ("DOE" or "the Department") to consider the need for amended 
standards each time the relevant industry standard is amended with respect to the 
standard levels or design requirements applicable to that equipment, or periodical ly under 
a six-year-lookback review provision. For the three -phase equipment that is the subject 
of this notice of proposed rulemaking ("NOPR"), DOE is proposing amended energy 
conservation standards that rely on new efficiency metrics and align with amend ed 
efficiency levels in the industry standard. DOE has preliminarily determined that it lacks 
clear and convincing evidence required by the statute to adopt standards more stringent 
than the levels specified in the industry standard. This NOPR also announc es a webinar 
to receive comment on these proposed standards and associated analyses and results.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Prevention of deceptive practices and consumer protection; Protection of the 
environment  
8. Relevant documents:   
87 Federal Register (FR) 18290, 30 March 2022; Title 10 Code of Federal Regulations 
(CFR) Part 431:  
https://www.govinfo.gov/content/pkg/FR -2022-03-30/html/2022 -06450.htm  
https://www.govin fo.gov/content/pkg/FR -2022-03-30/pdf/2022 -06450.pdf  
This notice of proposed rulemaking and request for comment is identified by Docket 
Number EERE -2022-BT-STD-0008. The Docket Folder is available from Regulations.gov 
at https://www.regulations.gov/docket/EERE -2022-BT-STD-0008/document  and 
provides access to primary documents as well as comments received. Documents are also 
accessible from Regulations.gov  by searching the Docket Number. WTO Members and 
their stakeholders are asked to submit comments to the USA TBT Enquiry Point  by or 
before 4pm Eastern Time  on 31 May 2022. Comments received by the USA TBT Enquiry 
Point from WTO Members and their stak eholders will be shared with the regulator and will 
also be submitted to the Docket  on Regulations.gov if received within the comment 
period.  
G/TBT/N/USA/952 and G/TBT/N/USA/952/Add.1  - Energy Conservation Program for 
Certain Industrial Equipment: Energy Conservation Standards and Test Procedures for 
Commercial Heating, Air -Conditioning, and Water -Heating Equipment, a Notice of 
proposed rulemaking (NOPR) and announcement of public meeting and a Final Rule 
identified by Docket Number EERE-2014-BT-STD-0015. 
G/TBT/N/USA/1659  - Energy Conservation Program: Energy Conservation Standards for 
Computer Room Air Conditioners and Air -Cooled, Three -Phase, Small Commercial 
Package Air  Conditioning and Heating Equipment With a Cooling Capacity of Less Than 
65,000 Btu/h, Notification of data availability and request for information, identified by 
Docket Number EERE-2020-BT-STD-0008. 
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  31 May 2022  G/TBT/N/USA/1846  
 
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  11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2022/TBT/USA/22_246 1_00_e.pdf