. /.   WORLD TRADE  
ORGANIZATION  G/TBT/N/USA/190 
9 May 2006 
 (06-2268) 
Committee on Technical Barriers to Trade Original:   English 
  
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6. 
 
1. Member to Agreement notifying:   UNITED STATES
 
If applicable, name of local government involved (Articles 3.2 and 7.2):         
2. Agency responsible:   Department of Energy, Office of Energy Efficiency and Renewable 
Energy (DOE, EEREO) (196) 
Name and address (including telephone and fax numbers, e-mail and web-site 
addresses, if available) of  agency or authority designated to handle comments 
regarding the notification shall be  indicated if different from above:         
3. Notified under Article 2.9.2 [  X ], 2.10.1 [   ], 5.6.2 [   ], 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):   Commercial Heating, 
Air Conditioning and Water Heating Equipment (HS:  Chapters 8415, 8419, 8516);   
(ICS:  97).   
5. Title, number of pages and language(s) of the notified document:   Energy Efficiency 
Program for Commercial and Industrial Equipmen t: Efficiency Certification, Compliance, 
and Enforcement Requirements for Commercia l Heating, Air Conditioning and Water 
Heating Equipment  (14 pages, in English). 
6. Description of content:   In a notice of proposed rulemaking published 13 December 1999, 
(NOPR) the Department of Energy (DOE or the Department) proposed to adopt (1) energy 
conservation requirements that the Energy Policy and Conservation Act, as amended, 
(EPCA or the Act) specifically mandated for commercial warm air furnaces, and (2) 
provisions applying generally to covered co mmercial heating, air conditioning and water 
heating equipment, including furnaces, (coll ectively referred to as ``commercial HVAC & 
WH equipment'') to assure their compliance with EPCA requirements. On October 21, 2004, DOE adopted a final rule incorporating the requirements for furnaces but only certain 
of the general provisions proposed for comme rcial HVAC & WH equipment. As to the 
latter, the Department did not adopt the NOPR's proposals for manufacturers to use to 
determine and certify compliance, and or most of its enforcement proposals, which remain under consideration. These include proposals about manufacturers' use of testing and 
calculation methods to rate the efficiency of their equipment, the role of voluntary independent certification programs in assuring the accuracy of the ratings, and the testing regimen and criteria that DOE would use in enforcement proceedings, which are the 
subjects of today's notice. The Department is  now soliciting comments on several additional 
proposed options that DOE is now considering for the rule.    In addition, the Energy Policy Act of 2005, Public Law 109-58, (EPACT 2005) created a new category of covered 
equipment and set forth definitions, test pro cedures, and energy conservation standards for 
very large commercial package air conditioni ng and heating equipment. The Department G/TBT/N/USA/190 
Page 2  
 
  has codified the definitions and energy conser vation standards in Title 10, Code of Federal 
Regulations, Part 431. 70 FR 60407 (18 October 2005). The Department is applying to that 
equipment the proposed compliance and enforcement requirements that are the subject of this supplemental notice. (The Department notes that the recent amendments to EPCA set 
forth in EPACT 2005 do not otherwise affect the issues raised in today's notice). 
7. Objective and rationale, including the na ture of urgent problems where applicable:  
Protection of environment 
8. Relevant documents:   71 Federal Register (FR) 25103 28 April 2006; Title 10 Code of 
Federal Regulations (CFR) Part 431.  Will app ear in the Federal Register when adopted. 
9. Proposed date of adoption:   
Proposed date of entry into force:   }To be determined 
10. Final date for comments:   12 June 2006 
11. Texts available from:  National enquiry point [  X ] or address, telephone and fax 
numbers, e-mail and web-site addresses, if available of the other body:   
http://a257.g.akamaitech.net/7/257/24 22/01jan20061800/edocket.access.gpo.gov/2006/06-
3319.htm 
http://a257.g.akamaitech.net/7/257/24 22/01jan20061800/edocket.access.gpo.gov/2006/pdf/
06-3319.pdf