G/TBT/N/USA/2038  
18 August 2023  
(23-5587) 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) 
[2068]  
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 [  ], 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, Evaporatively -Cooled, and Water -Cooled Commercial Package Air Conditioners 
and Heat Pumps; 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); Heat pumps (excl. air 
conditioning machines of heading 8415) (HS code(s): 841861); Product and company 
certification. Conformity assessment (ICS code(s): 03.120.20); Pollution, pollution 
control and c onservation (ICS code(s): 13.020.40); 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 notified document:  Energy 
Conservation Program: Test Procedures for Air -Cooled, Evaporatively -Cooled, and Water -
Cooled Commercial Package Air Conditioners and Heat Pumps; (67 page(s), in English)  
6. Description of content:  Notice of proposed rulemaking and request for comment; 
announcement of public meeting via webinar on Thursda y, 7 September 2023 - The U.S. 
Department of Energy (DOE) proposes to amend the Federal test procedures for air -
cooled commercial package air conditioners and heat pumps with a rated cooling capacity 
greater than or equal to 65,000 Btu/h, evaporatively -cooled commercial package air 
conditioners, and water -cooled commercial package air conditioners to incorporate by 
reference the latest versions of the applicable industry test standards. Specifically, DOE 
proposes: to amend the current test procedure for thi s equipment for measuring the 
current cooling and heating metrics —integrated energy efficiency ratio (IEER) and 
coefficient of performance (COP), respectively; and to establish a new test procedure for 
this equipment that would adopt two new metrics —integr ated ventilation, economizer, 
and cooling (IVEC) and integrated ventilation and heating efficiency (IVHE). Testing to 
the IVEC and IVHE metrics would not be required until such time as compliance is required 
with any amended energy conservation standard ba sed on the new metrics. Additionally, 
DOE proposes to amend certain provisions of DOE's regulations related to representations G/TBT/N/USA/2038  
 
- 2 - 
 
  and enforcement for the subject equipment. DOE welcomes written comments from the 
public on any subject within the scope of this document (including topics not raised in this 
proposal), as well as the submission of data and other relevant information.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Prevention of deceptive practices and consumer  protection; Protection of the 
environment; Quality requirements; Cost saving and productivity enhancement  
8. Relevant documents:   
88 Federal Register (FR) 56392, 17 August 2023; Title 10 Code of Federal Regulations 
(CFR) Parts 429  and 431 : 
https://www.govinfo.gov/content/pkg/FR -2023-08-17/html/2023 -15857.htm  
https://www.govinfo.gov/content/pkg/FR -2023-08-17/pdf/2023 -15857.pdf  
DOE will hold a webinar on Thurs day, 7 September 2023, from 1:00 p.m. to 4:00 p.m.  
Eastern Time . See section V, "Public Participation," for webinar registration information, 
participant instructions, and information about the capabilities available to webinar 
participants.  
This notice of proposed rulemaking and request for comme nt is identified by Docket 
Number EERE -2023-BT-TP-0014. The Docket Folder is available from Regulations.gov at 
https://www.regulations.gov/docket/EERE -2023-BT-TP-0014/document  and provides 
access to primary and supporting documents as well as comments received. Documents 
are also accessible from Regulations.gov  by searc hing 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 16 October 2023. 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.  
See also actions notified under:  
• G/TBT/N/USA/676  regarding Energy Conse rvation Standards and Test Procedures 
for Commercial Heating, Air -Conditioning, and Water -Heating Equipment 
identified by Docket Numbers EERE -2017-BT-STD-0032 and EERE -2011-BT-STD-
0029. The Docket Folders are available from Regulations.gov  at 
https://www.regulations.gov/docket/EERE -2017-BT-STD-0032/document  and 
https://www.regulations.gov/docket/EERE -2011-BT-STD-0029/document.  
Primary and supporting documents as well as comments received on those actions 
are accessible in the docket folders on Regulations.gov  by using the links above 
and/or searching the Docket Numbers.  
• G/TBT/N/USA/897  regarding Test Procedure for Packaged Terminal Air 
Conditioners and Packaged Terminal Heat Pumps, identified by Dock et Numbers 
EERE-2019-BT-TP-0027, EERE -2012-BT-TP-0032, EERE -2019-BT-TP-0027 and 
EERE-2022-BT-STD-0015. The Docket Folders are available from Regulations.gov  
at https://www.regulations.gov/docket/EERE -2019-BT-TP-0027/document , 
https://www.regu lations.gov/docket/EERE -2012-BT-TP-0032/document , 
https://www.regulations.gov/docket/EERE -2019-BT-TP-0027/document  and 
https://www.regulations.gov/docket/EERE -2022-BT-STD-0015/document . 
Primary and supporting documents as well as comments received on those actions 
are accessible in the docket folders on Regulations.gov  by using the  links above 
and/or searching the Docket Numbers.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  16 October 2023  G/TBT/N/USA/2038  
 
- 3 - 
 
  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/2023/TBT/USA/23_11893_00_e.pdf