G/TBT/N/USA/2122  
 
23 May 2024  
(24-3969) 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) 
[2153]  
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):  Air-cooled 
commercial package air conditioners and heat pumps; Heat pumps (excl. air conditioning 
machines of heading 8415) (HS code(s): 841861); Environmental protection (ICS 
code(s): 13.020); Ventilators. Fans. Air -conditioners (ICS code(s): 23.120); Energy 
efficiency. Energy  conservation in general (ICS code(s): 27.015); Heat pumps (ICS 
code(s): 27.080)  
5. Title, number of pages and language(s) of the notified document:  Energy 
Conservation Program: Energy Conservation Standards for Air -Cooled Commercial 
Package Air Condition ers and Heat Pumps; (23 page(s), in English)  
6. Description of content:  Notice of proposed rulemaking - The Energy Policy and 
Conservation Act, as amended (" EPCA"), prescribes energy conservation standards for 
various consumer products and certain commercial and industrial equipment, including 
air-cooled commercial package air conditioners and heat pumps  with a rated cooling 
capacity greater than or equal to 65,000 Btu/h. In this notice of proposed rulemaking 
("NOPR"), the U.S. Department of Energy  ("DOE") proposes amended energy 
conservation standards, based on clear and convincing evidence, identical to those set 
forth in a direct final rule ("DFR")  published elsewhere in this issue of the Federal Register. 
If DOE receives adverse comment and determines that such comment may provide a 
reasonable basis for withdrawal of the direct final rule, DOE will publish a notification of 
withd rawal and will proceed with this proposed rule.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Consumer information, labelling; Prevention of deceptive practices and 
consumer protection; Protection of the environment  G/TBT/N/USA/2122  
 
- 2 - 
 
  8. Relevant documents:   
89 Federal Register (FR) 43770, 20 May 2024; Title 10 Code of Federal Regulations (CFR) 
Part 431 : 
https://www.govinfo.gov/content/pkg/FR -2024-05-20/html/2024 -08545.htm  
https://www.govinfo.gov/content/pkg/FR -2024-05-20/pdf/2024 -08545.pdf  
This notice of proposed rulemaking is identified by Docket Number EERE-2022-BT-STD-
0015. The Docket Folder is available on Regulations.gov at 
https://www.regu lations.gov/docket/EERE -2022-BT-STD-0015/document  and provides 
access to primary and supporting documents as well as comments received. Documents 
are 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 9 September 2024. Comment s 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.  
Energy Conservation Program: Energy Conservation Standards for Air -Cooled Commercial 
Package Air Conditioners and Heat Pumps, Direct Final Rule published 20 May 2 024 
identified by Docket Number EERE-2022-BT-STD-0015: 
89 Federal Register (FR) 44052, Title 10 Code of Federal Regulations (CFR) Part 431  
https://www.govinfo.gov/content/pkg/FR -2024-05-20/ht ml/2024 -08546.htm  
https://www.govinfo.gov/content/pkg/FR -2024-05-20/pdf/2024 -08546.pdf  
G/TBT/N/USA/897 and subsequent addenda and revision  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  17 September 2024; unless adverse comment is 
received by 9 September 2024. If no such adverse comments are received, compliance 
with the amended standards established for air -cooled commercial package air 
conditioners and heat pumps with a rated cooling capac ity greater than or equal to 65,000 
Btu/h in this direct final rule is required on and after 1 January 2029.  
10. Final date for comments:  9 September 2024  
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/2024/TBT/USA/24_03 403_00_e.pdf  
https://members.wto.org/crnattachments/2024/TBT/USA/24_03403_01_e.pdf