G/TBT/N/USA/1811  
13 December 2021  
(21-9279) Page: 1/2 
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) [1840]  
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 [X ], 5.7.1 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Air-cooled, 
three -phase, small commercial package air conditioning and heating equipment; Quality 
(ICS 03.120), Test conditions and procedures in general (ICS 19.020), Ventilators. Fans. 
Air-conditioners (ICS 23.120), Heat pumps (ICS 27.080)  
5. Title, nu mber of pages and language(s) of the notified document:  Energy 
Conservation Program: Test Procedure for Air -Cooled, Three -Phase, Small Commercial 
Package Air Conditioning and Heating Equipment With a Cooling Capacity of Less Than 
65,000 Btu/h and Air -Coole d, Three -Phase, Variable Refrigerant Flow Air Conditioners and 
Heat Pumps With a Cooling Capacity of Less Than 65,000 Btu/h (32 page(s), in English)  
6. Description of content:  Notice of proposed rulemaking and request for comment - The 
U.S. Department of Energy ("DOE" or "the Department") proposes to amend its test 
procedure for air -cooled, three -phase, small commercial package air conditioning and 
heating equipment with a cooling capacity of less than 65,000 British thermal units 
("Btu/h")  per hour and ai r-cooled, three -phase, variable refrigerant flow air conditioners 
and heat pumps with a cooling capacity of less than 65,000 Btu/h to incorporate by 
reference the latest version of the relevant industry test standard. DOE also proposes to 
adopt the seasona l energy efficiency ratio 2 ("SEER2") and heating seasonal performance 
factor 2 ("HSPF2") metrics specified by that industry test standard in the DOE test 
procedures for the three -phase equipment that is the subject of this notice of proposed 
rulemaking (" NOPR"). Additionally, DOE  proposes to amend certain provisions for 
representations and  enforcement to harmonize with single -phase products.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Prevention of deceptive pract ices and consumer protection; Protection of the 
environment; Quality requirements; Harmonization  G/TBT/N/USA/1811  
 
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  8. Relevant documents:   
86 Federal Register (FR) 70316, 9 December 2021; Title 10 Code of Federal Regulations 
(CFR) Parts 429 and 431:  
https://www.govinfo.gov/content/pkg/FR -2021-12-09/html/2021 -24836.htm  
https://www.govinfo.gov/content/pkg/FR -2021-12-09/pdf/2021 -24836.pdf  
This proposed rule is identified by Docket Number EERE -2017-BT-TP-0031.   The Docket 
Folder is available on Regulations.gov at https://www.regulations.gov/docket/EERE -
2017-BT-TP-0031/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 7 February 
2022.   Comments received by the USA TBT Enquiry Point from WTO Members and their 
stakeholders will be shared with the regulator and will also be submitted to the Docket  
on Regulations.gov if received within the comment period.  
DOE will hold a webinar on Monday, 10 January 2022, from  1:00 p.m. to 4:00 p.m. 
Eastern Time.  See section V, "Public Participation," for  webinar re gistration information, 
participant instructions, and  information about the capabilities available to webinar 
participants.  
Energy Conservation Program: Test Procedure for Three -Phase  Commercial Air -Cooled 
Air Conditioners and Heat Pumps With a Certified  Cooling Capacity of Less Than 65,000 
Btu/h; Request for Information published 2 October 2018 , also identified by Docket 
Number EERE-2017-BT-TP-0031: 
https://www.govinfo.gov/content/pkg/FR -2018-10-02/html/2018 -21401.htm  
https://www.govinfo.gov/content/pkg/FR -2018-10-02/pdf/2018 -21401.pdf  
G/TBT/N/USA/676 and subsequent addenda and corrigendum : Energy Conservation 
Program for Certain Industrial Equipment: Energy Conservation Standards and Test 
Procedures for Commercia l Heating, Air -Conditioning, and Water -Heating Equipment.  
G/TBT/N/USA/552 and subsequent addenda, corrigenda, and revision : Energy 
Conservation Program: Test Procedures for Central Air Conditioners and Heat Pumps  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  7 February 2022  
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/2021/TBT/USA/21_7688_00_e.pdf