[Federal Register Volume 89, Number 196 (Wednesday, October 9, 2024)]
[Rules and Regulations]
[Pages 81994-82071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21950]



[[Page 81993]]

Vol. 89

Wednesday,

No. 196

October 9, 2024

Part II





Department of Energy





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10 CFR Parts 429 and 431





Energy Conservation Program for Appliance Standards: Certification 
Requirements, Labeling Requirements, and Enforcement Provisions for 
Certain Consumer Products and Commercial Equipment; Final Rule

Federal Register / Vol. 89 , No. 196 / Wednesday, October 9, 2024 / 
Rules and Regulations

[[Page 81994]]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[EERE-2023-BT-CE-0001]
RIN 1904-AF48


Energy Conservation Program for Appliance Standards: 
Certification Requirements, Labeling Requirements, and Enforcement 
Provisions for Certain Consumer Products and Commercial Equipment

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Final rule.

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SUMMARY: The U.S. Department of Energy (``DOE'') is publishing a final 
rule to establish and amend the certification provisions, labeling 
requirements, and enforcement provisions for specific types of consumer 
products and commercial and industrial equipment, as described in 
sections II and III of this final rule. DOE is establishing and making 
amendments to the certification requirements, labeling requirements, 
and enforcement provisions for these products and equipment to ensure 
reporting that is consistent with currently applicable energy 
conservation standards and test procedures and to ensure DOE has the 
information necessary to determine the appropriate classification of 
products for the application of standards.

DATES: The effective date of this rule is December 23, 2024. This rule 
establishes new and amended certification and labeling requirements. 
For products or equipment for which this rule establishes the initial 
certification regulations for certifying compliance with new or amended 
standards, manufacturers must submit the initial certification report 
for basic models distributed in commerce beginning May 7, 2025. For 
basic models with existing certification regulations, the amendments to 
the reporting requirements for certifying compliance with existing 
standards will be mandatory beginning with the annual certification 
report submitted on or after May 7, 2025.

ADDRESSES: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, comments, and other supporting 
documents/materials, is available for review at www.regulations.gov. 
All documents in the docket are listed in the www.regulations.gov 
index. However, not all documents listed in the index may be publicly 
available, such as those containing information that is exempt from 
public disclosure.
    A link to the docket web page can be found at www.regulations.gov/docket/EERE-2023-BT-CE-0001. The docket web page contains instructions 
on how to access all documents, including public comments, in the 
docket.

FOR FURTHER INFORMATION CONTACT: Mr. Lucas Adin, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-2J, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 287-5904. Email: 
<a href="/cdn-cgi/l/email-protection#05447575696c646b66605671646b616477617654706076716c6a6b764560602b616a602b626a73"><span class="__cf_email__" data-cfemail="bdfccdcdd1d4dcd3ded8eec9dcd3d9dccfd9ceecc8d8cec9d4d2d3cefdd8d893d9d2d893dad2cb">[email protected]</span></a>.
    Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 586-4798. Email: <a href="/cdn-cgi/l/email-protection#3a7f48535914694e5b497a524b145e555f145d554c"><span class="__cf_email__" data-cfemail="96d3e4fff5b8c5e2f7e5d6fee7b8f2f9f3b8f1f9e0">[email protected]</span></a>.
    For further information on how to review the docket contact the 
Appliance and Equipment Standards Program staff at (202) 287-1445 or by 
email: <a href="/cdn-cgi/l/email-protection#35744545595c545b56506641545b515447514664405046415c5a5b467550501b515a501b525a43"><span class="__cf_email__" data-cfemail="d998a9a9b5b0b8b7babc8aadb8b7bdb8abbdaa88acbcaaadb0b6b7aa99bcbcf7bdb6bcf7beb6af">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Synopsis of the Final Rule
III. Discussion
    A. General Comments
    1. Rulemaking Process
    2. Compliance Timeline
    3. Collection of Information
    4. Certification Reporting Cost and Burden
    5. Calculations for Enforcement Testing
    6. Comments on Products/Equipment not Included in the September 
2023 CCE NOPR
    B. Central Air Conditioners and Heat Pumps
    1. Reporting
    2. Reporting Costs and Impacts
    C. Dishwashers
    1. Reporting
    2. Reporting Costs and Impacts
    D. Residential Clothes Washers
    1. Reporting
    2. Reporting Costs and Impacts
    E. Pool Heaters
    1. Reporting
    2. Reporting Costs and Impacts
    F. Dehumidifiers
    1. Reporting
    2. Reporting Costs and Impacts
    G. External Power Supplies
    1. Reporting
    2. Reporting Costs and Impacts
    H. Battery Chargers
    1. Reporting
    2. Reporting Costs and Impacts
    I. Computer Room Air Conditioners
    1. Reporting
    2. Reporting Costs and Impacts
    J. Direct Expansion-Dedicated Outdoor Air Systems
    1. Reporting
    2. Reporting Costs and Impacts
    K. Air-Cooled, Three-Phase, Small Commercial Package 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
    1. Reporting
    2. Reporting Costs and Impacts
    L. Commercial Water Heating Equipment
    1. Reporting
    2. Reporting Costs and Impacts
    M. Automatic Commercial Ice Makers
    1. Reporting
    2. Reporting Costs and Impacts
    N. Walk-In Coolers and Freezers
    1. Reporting
    2. Reporting Costs and Impacts
    3. Labeling
    4. Labeling Costs and Impact
    O. Commercial and Industrial Pumps
    1. Reporting
    2. Reporting Costs and Impacts
    P. Portable Air Conditioners
    1. Reporting
    2. Reporting Costs and Impacts
    Q. Compressors
    1. Reporting
    2. Reporting Costs and Impacts
    R. Dedicated-Purpose Pool Pump Motors
    1. Reporting
    2. Reporting Costs and Impacts
    S. Air Cleaners
    1. Reporting
    2. Reporting Costs and Impacts
    T. Single Package Vertical Units
    1. Reporting
    2. Reporting Costs and Impacts
    U. Ceiling Fan Light Kits
    1. Reporting
    2. Reporting Costs and Impacts
    V. General Service Lamps
    W. Additional Corrections
    X. Revised Certification Templates
    Y. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 12866, 13563, and 14094
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Congressional Notification
    N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary

[[Page 81995]]

I. Authority and Background

A. Authority

    The Energy Policy and Conservation Act, Public Law 94-163, as 
amended (``EPCA''),\1\ authorizes DOE to regulate the energy efficiency 
of a number of consumer products and certain industrial equipment. (42 
U.S.C. 6291-6317, as codified) Title III, Part B of EPCA \2\ 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, which sets forth a variety of provisions designed to 
improve energy efficiency, while Title III, Part C of EPCA,\3\ added by 
Public Law 95-619, Title IV, section 441(a), established the Energy 
Conservation Program for Certain Industrial Equipment, which sets forth 
a variety of provisions designed to improve energy efficiency. These 
products and equipment include central air conditioners and heat pumps 
(``CAC/HPs''), dishwashers (``DWs''), residential clothes washers 
(``RCWs''), pool heaters, dehumidifiers, external power supplies 
(``EPSs''), battery chargers, computer room air conditioners 
(``CRACs''), direct-expansion dedicated outdoor air systems (``DX-
DOASes''), air-cooled, three-phase, small commercial package air 
conditioners and heat pumps with a cooling capacity of less than 65,000 
Btu/h (``three-phase, less than 65,000 Btu/h ACUACs and ACUHPs'') and 
air-cooled, three-phase variable refrigerant flow air conditioners and 
heat pumps with a cooling capacity of less than 65,000 Btu/h (``three-
phase, less than 65,000 Btu/h VRF''), commercial water heating 
equipment (``CWHs''), automatic commercial ice makers (``ACIMs''), 
walk-in coolers and walk-in freezers (``walk-ins''), commercial and 
industrial pumps, portable air conditioners (``portable ACs''), 
compressors, dedicated-purpose pool pump motors (``DPPPMs''), air 
cleaners, single package vertical units (``SPVUs''), ceiling fan light 
kits (``CFLKs''), and general service lamps (``GSLs''), all of which 
are subjects of this document. (42 U.S.C. 6292(a)(3), (6-7), (11), and 
(20); 42 U.S.C. 6295(i)(6), (u), (cc), and (ff); 42 U.S.C. 6311(1)(A-
D), (F-G), (K), and (2)(B)(i)).
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020), which reflect the last statutory amendments that impact 
Parts A and A-1 of EPCA.
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \3\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1.
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    The energy conservation program under EPCA consists essentially of 
four parts: (1) testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA specifically include definitions (42 U.S.C. 6291; 42 
U.S.C. 6311), test procedures (42 U.S.C. 6293; 42 U.S.C. 6314), 
labeling provisions (42 U.S.C. 6294; 42 U.S.C. 6315), energy 
conservation standards (42 U.S.C. 6295; 42 U.S.C. 6313), and the 
authority to require information and reports from manufacturers (42 
U.S.C. 6316; 42 U.S.C. 6296).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products and equipment must use as the basis 
for: (1) certifying to DOE that their products or equipment comply with 
the applicable energy conservation standards adopted under EPCA (42 
U.S.C. 6295(s); 42 U.S.C. 6316(a); 42 U.S.C. 6316(b); 42 U.S.C. 6296), 
and (2) making other representations about the efficiency of those 
products or equipment (42 U.S.C. 6293(c); 42 U.S.C. 6314(d)). 
Similarly, DOE must use these test procedures to determine whether the 
products or equipment comply with any relevant standards promulgated 
under EPCA. (42 U.S.C. 6295(s); 42 U.S.C. 6316(a); 42 U.S.C. 6316(b); 
42 U.S.C. 6296).
    EPCA authorizes DOE to enforce compliance with the energy and water 
conservation standards established for covered products and equipment. 
(42 U.S.C. 6299-6305; 42 U.S.C. 6316(a)-(b)) DOE has promulgated 
certification and/or enforcement regulations that include reporting 
requirements for covered products and equipment including CAC/HPs, DWs, 
RCWs, pool heaters, dehumidifiers, EPSs, battery chargers, CRACs, 
three-phase, less than 65,000 Btu/h ACUACs and ACUHPs, three-phase, 
less than 65,000 Btu/h VRF, CWHs, ACIMs, walk-ins, commercial and 
industrial pumps, portable ACs, compressors, SPVUs, CFLKs, and GSLs. 
DOE is establishing certification and reporting requirements for DX-
DOASes, DPPPMs, and air cleaners. See 10 CFR part 429. Additionally, 
DOE is amending labeling requirements for walk-ins. See 10 CFR 431.305. 
The reporting requirements ensure that DOE has the information it needs 
to assess whether regulated products and equipment sold in the United 
States comply with the statutory and regulatory requirements applicable 
to each covered product and equipment type.

B. Background

    DOE's certification regulations are a mechanism that DOE uses to 
help ensure compliance with its regulations by collecting information 
about the energy and water use characteristics of covered products and 
covered equipment distributed in commerce in the United States. 
Manufacturers of most covered products and covered equipment must 
submit a certification report for the duration of distribution, 
specifically (1) before a basic model is distributed in commerce, (2) 
annually thereafter, and (3) if the basic model is redesigned in a 
manner that increases the consumption or decreases the efficiency of 
the basic model such that the certified rating is no longer supported 
by test data. 10 CFR 429.12. Additionally, manufacturers must report 
when production of a basic model has ceased and is no longer offered 
for sale as part of the next annual certification report following such 
cessation. 10 CFR 429.12(f). DOE requires the manufacturer of any 
covered product or covered equipment to establish, maintain, and retain 
the records of certification reports, of the underlying test data for 
all certification testing, and of any other testing conducted to 
satisfy the requirements of 10 CFR parts 429, 430, and/or 10 CFR part 
431 until 2 years after notifying DOE that a model has been 
discontinued. 10 CFR 429.71. Certification reports provide DOE and 
consumers with comprehensive, up-to-date efficiency information and 
support effective enforcement.
    To ensure that all covered products and covered equipment 
distributed in the United States comply with DOE's energy and water 
conservation standards and reporting requirements, DOE has promulgated 
certification, compliance, and enforcement regulations in 10 CFR parts 
429 and 431. On March 7, 2011, DOE published in the Federal Register a 
final rule regarding certification, compliance, and enforcement for 
consumer products and commercial and industrial equipment, which 
revised, consolidated, and streamlined DOE's existing certification, 
compliance, and enforcement regulations for certain consumer products 
and commercial and industrial equipment covered under EPCA. See 76 FR 
12422. Since that time, DOE has completed multiple rulemakings 
regarding certification, compliance, and enforcement for specific 
covered products or equipment. See 79 FR 25486 (the May 5, 2014 Final 
Rule specific to certification of commercial and industrial heating, 
ventilation, and air conditioning (``HVAC''), refrigeration, and water 
heating equipment) and 87 FR 43952 (the July 22, 2022 Final Rule 
amending certification provisions for CFLKs, general service 
incandescent lamps, incandescent reflector lamps,

[[Page 81996]]

ceiling fans, consumer furnaces and boilers, consumer water heaters, 
DWs, commercial clothes washers, battery charges, and DPPPMs).
    Additionally, if the Secretary has prescribed test procedures under 
section 6314 for any class of covered equipment, the Secretary shall 
prescribe a labeling rule applicable to such class of covered 
equipment. See 42 U.S.C. 6315(a). EPCA, however, also sets out certain 
criteria that must be met prior to prescribing a given labeling rule. 
Specifically, to establish these requirements, DOE must determine that: 
(1) labeling in accordance with section 6315 is technologically and 
economically feasible with respect to any particular equipment class; 
(2) significant energy savings will likely result from such labeling; 
and (3) labeling in accordance with section 6315 is likely to assist 
consumers in making purchasing decisions. (42 U.S.C. 6315(h))
    If these criteria are met, EPCA specifies certain aspects of 
equipment labeling that DOE must consider in any rulemaking 
establishing labeling requirements for covered equipment. At a minimum, 
such labels must include the energy efficiency of the affected 
equipment, as tested under the prescribed DOE test procedure, and may 
also require disclosure of the estimated operating costs and energy 
use. (42 U.S.C. 6315(b)) The labeling provisions shall include 
requirements the Secretary determines are likely to assist purchasers 
in making purchasing decisions, such as: requirements and directions 
for the display of the label; requirements for including on any label, 
or separately attaching to, or shipping with, the covered equipment, 
such as additional information related to energy efficiency, energy 
use, and other measures of energy consumption, including instructions 
for maintenance and repair of the covered equipment, as the Secretary 
determines is necessary to provide adequate information to purchasers; 
and requirements that printed matter displayed or distributed with the 
equipment at the point of sale also include the information required to 
be placed on the label. (42 U.S.C. 6315(c)).
    DOE published a notice of proposed rulemaking (``NOPR'') in the 
Federal Register on September 29, 2023, that proposed to amend the 
certification, reporting, and labeling requirements for the products 
and equipment that are the subjects of this final rule. 88 FR 67458 
(``September 2023 CCE NOPR''). DOE held a public meeting related to 
this NOPR on October 26, 2023 (hereafter, the ``NOPR public meeting'').
    DOE received comments in response to the September 2023 CCE NOPR 
from the interested parties listed in Table I.1.

        Table I.1--List of Commenters With Written Submissions in Response to the September 2023 CCE NOPR
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                                            Reference in this final   Comment No. in
              Commenter(s)                           rule               the docket          Commenter type
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Air-Conditioning, Heating, &              AHRI......................              18  Trade Association.
 Refrigeration Institute.
American Lighting Association...........  ALA.......................               7  Trade Association.
Appliance Standards Awareness Program,    ASAP et al................              14  Efficiency Advocacy
 Consumer Federation of America                                                        Organizations.
 (``CFA''), National Consumer Law Center
 (``NCLC''), National Resource Defense
 Council (``NRDC''), and Northwest
 Energy Efficiency Alliance (``NEEA'').
Association of Home Appliance             AHAM......................   \4\ 9, 16, 19  Trade Association.
 Manufacturers.
AHAM, ASAP, American Council for an       Joint Stakeholders........              17  Trade Association and
 Energy-Efficiency Economy, Alliance for                                               Efficiency Advocacy
 Water Efficiency, CFA, Consumer                                                       Organizations.
 Reports, Earthjustice, NCLC, NRDC,
 NEEA, and Pacific Gas and Electric
 Company (``PG&E'').
Bradford White Corporation..............  BWC.......................              13  Manufacturer.
Carrier Global Corporation..............  Carrier...................              12  Manufacturer.
Grundfos Americas Corporation...........  Grundfos..................              10  Manufacturer.
Hydraulic Institute.....................  Hydraulic Institute.......              20  Trade Association.
MJ L....................................  MJ L......................              11  Individual.
PG&E, Southern California Edison, and     CA IOUs...................               8  Utilities.
 San Diego Gas & Electric Company;
 collectively, the California Investor-
 Owned Utilities.
Rheem Manufacturing Company.............  Rheem.....................              15  Manufacturer.
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    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\5\ 
To the extent that interested parties have provided written comments 
that are substantively consistent with any oral comments provided 
during the NOPR public meeting, DOE cites the written comments 
throughout this final rule. Any oral comments provided during the 
webinar that are not substantively addressed by written comments are 
summarized and cited separately throughout this final rule.
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    \4\ AHAM comment nos. 9 and 19 are identical. Therefore, DOE 
only cites no. 19 in the discussion section of this final rule.
    \5\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to amend 
certification, reporting, and labeling requirements for the subject 
products and equipment. (Docket No. EERE-2023-BT-CE-0001), which is 
maintained at www.regulations.gov). The references are arranged as 
follows: (commenter name, comment docket ID number, page of that 
document).
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II. Synopsis of the Final Rule

    Since the previous final rule amending certification requirements 
for covered products (87 FR 43952 (July 22, 2022)), DOE has proposed or 
finalized test procedures and/or energy conservation standards for 
multiple products and equipment. In this rulemaking, DOE is revising 
its certification, labeling, and enforcement regulations for certain 
covered products and equipment to align with these proposed and 
finalized amendments.
    In this final rule, DOE updates the certification reporting and 
labeling requirements as follows:
    (1) CAC/HP. Update the CAC/HP certification reporting requirements 
at 10 CFR 429.16 to reflect the current version of the test procedure 
at appendix M1 to subpart B of 10 CFR part 430 (``appendix M1'') 
including test condition information. Correct discrepancies in CAC/HP 
sampling plan

[[Page 81997]]

to require using Student's t-Distribution Values from appendix A to 
subpart B of part 429.
    (2) DW. Align the DW certification reporting requirements with 
appendix C1 to subpart B of 10 CFR part 430 (``appendix C1''), and with 
appendix C2 to subpart B of 10 CFR part 430 (``appendix C2''). 
Manufacturers were required to use the revised appendix C1 test 
procedure beginning July 17, 2023, and use of appendix C2 is required 
when certifying compliance with amended energy conservation standards 
based on appendix C2. Add reporting requirements specific to the energy 
and water use for DWs with water re-use systems and built-in 
reservoirs.
    (3) RCWs. Remove outdated certification reporting requirements for 
RCWs pertaining to appendix J1 to subpart B of 10 CFR part 430 
(``appendix J1''), which has been removed. Update the existing 
certification reporting requirements pertaining to appendix J2 to 
subpart B of 10 CFR part 430 (``appendix J2'') for consistency with 
test procedure terminology. Add a reporting requirement for test cloth 
lot used by a manufacturer for testing/certifying to align with RCW 
enforcement provisions outlined in 10 CFR 429.134(c). Add new 
certification reporting requirements specific to appendix J to subpart 
B of 10 CFR part 430 (``appendix J''), use of which will be required to 
demonstrate compliance with amended energy conservation standards based 
on appendix J.
    (4) Pool heaters. Align pool heater certification reporting 
requirements with the amended energy conservation standards established 
in a final rule published on May 30, 2023 (88 FR 34624) to require 
reporting of thermal efficiency for electric pool heaters and establish 
new reporting requirements specific to electric pool heaters.
    (5) Dehumidifiers. Remove outdated certification reporting 
requirements for dehumidifiers pertaining to appendix X to subpart B of 
10 CFR part 430 (``appendix X''), use of which is no longer required.
    (6) EPSs. Align EPS certification reporting requirements with the 
amended test procedure at appendix Z to subpart B of 10 CFR part 430 
(``appendix Z''), use of which is required beginning February 15, 2023. 
Add reporting requirements to specify the effective wire gauge and 
length of the output cord shipped with the EPS (or the manufacturer's 
recommended output cord specifications). Update the existing EPS 
certification reporting requirements to align with the energy 
conservation standards established in the February 10, 2014 final rule 
(79 FR 7845), and require output voltage, which is needed to verify the 
applicable product class. Revise sales reporting requirements for EPSs 
exempt from energy conservation standards to include the years for 
which the sales number represents.
    (7) Battery chargers. Align battery charger certification reporting 
requirements with appendix Y1 to subpart B of 10 CFR part 430 
(``appendix Y1''), use of which would be required for any future 
amended energy conservation standards for battery chargers.
    (8) CRACs. Align CRAC certification reporting requirements with 
amended energy conservation standards established in a final rule 
published in the Federal Register on June 2, 2023 (88 FR 36392) and 
require submission of a supplemental testing instructions file in PDF 
format. Establish alternative efficiency determination method 
(``AEDM'') tolerances for CRAC verification tests for net sensible 
coefficient of performance (``NSenCOP'').
    (9) DX-DOASes. Establish DX-DOAS certification reporting 
requirements for certifying compliance with the energy conservation 
standards established in the November 1, 2022 final rule (87 FR 65651), 
compliance with which is required beginning May 1, 2024. Require 
submission of a supplemental testing instructions file in PDF format.
    (10) Commercial AC/HPs. Establish certification reporting 
requirements for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs 
and three-phase, less than 65,000 Btu/h VRF aligned with the energy 
conservation standards established in the final rule published on June 
2, 2023 (88 FR 36392), compliance with which would be required 
beginning January 1, 2025. Correct discrepancies in sampling plan for 
three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, 
less than 65,000 Btu/h VRF to specify that the Student's t-Distribution 
Values from appendix A to subpart B of part 429 should be used.
    (11) CWHs. Align CWH certification reporting requirements with 
amended energy conservation standards proposed in the May 19, 2022 NOPR 
(87 FR 30610). Add reporting requirements specific to commercial 
electric instantaneous water heaters. Additionally, add rated input 
reporting requirement for commercial electric storage water heaters.
    (12) ACIMs. Align existing ACIM certification reporting 
requirements with revised ``energy use'' and ``condenser water use'' 
definitions and terminology adopted in the amended test procedure at 10 
CFR 431.134, use of which is required beginning October 27, 2023. 
Correct ACIM sampling requirements to remove discrepancy and require 
using the Student's t-Distribution Values for a 95-percent one-tailed 
confidence interval.
    (13) Walk-Ins. For walk-in refrigeration systems, add requirement 
to report whether each refrigeration system meets the definition of a 
carbon dioxide (``CO<INF>2</INF>'') unit cooler, detachable single-
packaged dedicated system, or an attached split system, consistent with 
amendments to 10 CFR 431.302. Add requirements for submission of 
supplementary testing information if necessary to run a valid test and 
provide an option to report any compressor break-in duration used to 
obtain certified rating. Additionally, expand the certification 
reporting requirements for walk-in cooler and freezer doors with anti-
sweat heat (``ASH''). Revise labeling requirements for walk-in panels 
at 10 CFR 431.305.
    (14) Commercial and Industrial Pumps. Provide minor corrections to 
the terminology of variables in the certification requirements.
    (15) Portable ACs. Clarify existing certification reporting 
requirements for portable ACs and align them with instructions 
specified in the test procedure at appendix CC to subpart B of 10 CFR 
part 430 (``appendix CC'') and 10 CFR 429.62(a)(5).
    (16) Compressors. Establish an annual filing date of September 1 
for compressors at 10 CFR 429.12(d).
    (17) DPPPMs. Add certification reporting requirements for DPPPMs 
when certifying compliance with the energy conservation standards 
adopted in the September 28, 2023 final rule (88 FR 66966), and 
establish an annual filing date of September 1 at 10 CFR 429.12(d).
    (18) Air cleaners. Add certification reporting requirements for air 
cleaners when certifying compliance with the energy conservation 
standards adopted in the April 11, 2023 direct final rule, compliance 
with which was required beginning December 31, 2023, establish an 
annual filing date of December 1 at 10 CFR 429.12(d), and provide minor 
correction to sampling provisions at 10 CFR 429.68(a)(2)(ii).
    (19) SPVAC/HPs. Align SPVAC/HPs certification reporting 
requirements with amended energy conservation standards proposed in the 
December 8, 2022 ECS NOPR (87 FR 75388) and add content requirements 
for supplemental testing instructions file in PDF format.

[[Page 81998]]

    (20) CFLKs. Clarify existing CFLK reporting requirements at 10 CFR 
429.33(b)(2)(ii)(A) and (b)(3)(ii)(B).
    (21) GSLs. Specify certifying compliance to the GSL backstop 
requirement of 45 lumens per watt (lm/W) at 10 CFR 430.32(dd).
    The adopted amendments are summarized in Table II.1 and compared to 
the certification, reporting, and labeling requirements prior to the 
amendment, as well as the reason for the adopted change. Table II.1 
also provides the required compliance date for the certification 
requirements established in this final rule.

    Table II.1--Summary of Changes to Certification Reporting Requirements Relative to Current Certification
                                             Reporting Requirements
----------------------------------------------------------------------------------------------------------------
 Current DOE certification reporting    Amended certification
             requirements               reporting requirements        Attribution          Compliance required
----------------------------------------------------------------------------------------------------------------
For CAC/HPs, no reporting requirement  Add reporting            Required to determine    When certifying
 to indicate whether variable speed     requirement to Sec.      applicable test          compliance in
 coil-only rating is based on non-      429.16(e)(2)(vi) to      conditions specified     accordance with the
 communicating or communicating         specify whether          in appendix M1 test      next annual
 control system.                        variable speed coil-     procedure.               certification report
                                        only rating is based                              filing date on/after
                                        on non-communicating                              May 7, 2025.
                                        or communicating
                                        control system.
For CAC/HPs, no reporting requirement  Add reporting            Required to determine    When certifying
 to indicate whether system varies      requirement to Sec.      applicable test          compliance in
 blower speeds with outdoor air         429.16(e)(4)(iv) to      conditions specified     accordance with the
 conditions.                            specify whether system   in appendix M1 test      next annual
                                        varies blower speeds     procedure.               certification report
                                        with outdoor air                                  filing date on/after
                                        conditions.                                       May 7, 2025.
For CAC/HPs, current sampling          Correct Sec.             Removes discrepancy      N/A.
 requirements state to use Student's    429.16(b)(3)(i)(B),      from sampling
 t-Distribution Values from             (ii)(B), and             provisions, improves
 ``Appendix D,'' whereas appendix A     (iii)(A)(2) to specify   clarity.
 to subpart B of part 429 contains      that the Student's t-
 the applicable Student's t-            Distribution Values in
 Distribution Values.                   appendix A to subpart
                                        B of part 429 should
                                        be used.
For DWs, reporting requirements in     Remove referenced        Ensures consistency      N/A.
 Sec.   429.19(b)(2) and (3) and list   standard in Sec.         between reporting
 of materials incorporated by           429.19(b)(2) and from    requirements and DW
 reference in Sec.   429.4 specify      the list of materials    test procedures.
 ANSI/AHAM DW-1-2010.                   incorporated by
                                        reference in Sec.
                                        429.4.
For DWs, reporting requirements do     Add reporting            Required to ensure that  On or before April 23,
 not include cycle selected for         requirements for cycle   information reported     2027, the compliance
 energy test.                           selected for energy      to DOE is consistent     date of amended energy
                                        test at heavy, medium,   with the tested cycle    conservation standards
                                        and light soil loads,    requirements specified   based on appendix C2.
                                        whether the cycles are   in appendix C2.
                                        soil-sensing, and the
                                        options selected for
                                        the energy test at
                                        these soil loads (when
                                        testing in accordance
                                        with appendix C2) to
                                        Sec.
                                        429.19(b)(3)(iv).
For DWs, reporting requirements do     Add reporting            Required to ensure that  On or before April 23,
 not include cleaning index.            requirement for          the reported test        2027, the compliance
                                        average cleaning index   cycle is a valid test    date of amended energy
                                        of sensor heavy          cycle that meets the     conservation standards
                                        response, sensor         specified cleaning       based on appendix C2.
                                        medium response, and     index threshold.
                                        sensor light response
                                        test cycles (when
                                        testing in accordance
                                        with appendix C2) to
                                        Sec.   429.19(b)(3)(v).
For DWs, reporting requirements do     Add reporting            Required to account for  When certifying
 not reflect water re-use system DWs.   requirements specific    extra energy use and     compliance in
                                        to water re-use system   water use associated     accordance with the
                                        DWs to Sec.              with water re-use        next annual
                                        429.19(b)(3)(vii),       systems.                 certification report
                                        including energy use                              filing date on/after
                                        and water use                                     May 7, 2025.
                                        associated with drain
                                        out and clean out
                                        events.
For DWs, reporting requirements do     Add reporting            Required to account for  When certifying
 not reflect information needed for     requirements specific    water consumption of     compliance in
 DWs with built-in reservoirs.          to DWs with built-in     DWs with built-in        accordance with the
                                        reservoirs to Sec.       reservoirs, and          next annual
                                        429.19(b)(3)(viii),      therefore determine      certification report
                                        including reservoir      compliance with the      filing date on/after
                                        capacity, prewash and    current energy           May 7, 2025.
                                        main wash fill water     conservation standards.
                                        volume, and total
                                        water consumption.
For DWs, no rounding requirements are  Add rounding             Improves                 When certifying
 specified in Sec.   429.19.            requirements to Sec.     representativeness,      compliance in
                                        429.19(c).               repeatability, and       accordance with the
                                                                 reproducibility.         next annual
                                                                                          certification report
                                                                                          filing date on/after
                                                                                          May 7, 2025.
For RCWs, reporting requirements       Remove obsolete          Appendix J1 has been     N/A.
 include outdated requirements          appendix J1 RCW          removed from 10 CFR
 associated with appendix J1.           reporting requirements   part 430.
                                        from Sec.
                                        429.20(b)(2)(i).

[[Page 81999]]

 
For RCWs, ``capacity'' is required to  Update existing          Consistency in           N/A.
 be reported.                           requirement to specify   terminology between
                                        ``clothes container      existing test
                                        capacity'' rather than   procedure and
                                        ``capacity'' at Sec.     reporting requirements.
                                        429.20(b)(2)(ii).
For RCWs, reporting requirements do    Add reporting            Required to ensure that  When certifying
 not include test cloth lot used by     requirement to Sec.      correct remaining        compliance in
 manufacturer for testing and           429.20(b)(3) for test    moisture content         accordance with the
 certifying.                            cloth lot number used    calculation is used      next annual
                                        during testing to        for enforcement          certification report
                                        determine other          testing per RCW          filing date on/after
                                        reported values.         enforcement provisions   May 7, 2025.
                                                                 specified in Sec.
                                                                 429.134(c).
For RCWs, no reporting requirements    Add reporting            Required to ensure       On or before March 1
 for RCWs tested in accordance with     requirements for         compliance with          2028, the compliance
 appendix J test procedure.             energy efficiency        amendments to energy     date of amended energy
                                        ratio, water             conservation standards.  conservation standards
                                        efficiency ratio, type                            based on appendix J.
                                        of control system,
                                        remaining moisture
                                        content, clothes
                                        container capacity,
                                        and type of loading
                                        when certifying in
                                        accordance with
                                        appendix J to Sec.
                                        429.20(b)(2)(i).
For pool heaters, reporting            Add reporting            Required to determine    On or before May 30,
 requirement only includes thermal      requirement for          compliance with the      2028, the compliance
 efficiency for gas-fired pool          integrated thermal       amended energy           date of amended energy
 heaters.                               efficiency for both      conservation standards.  conservation
                                        gas-fired and electric                            standards.
                                        pool heaters to Sec.
                                        429.24(b)(2)(i).
For electric pool heaters, no          Add reporting            Required to determine    On or before May 30,
 reporting requirement for active       requirement for active   compliance with the      2028, the compliance
 electrical power.                      electrical power for     amended energy           date of amended energy
                                        electric pool heaters    conservation standards.  conservation
                                        to Sec.                                           standards.
                                        429.24(b)(2)(ii).
For dehumidifiers, reporting           Remove obsolete          Appendix X test          N/A.
 requirements include outdated          appendix X               procedure is no longer
 requirements associated with           dehumidifier reporting   permitted for use to
 appendix X.                            requirements from Sec.   demonstrate compliance
                                          429.36(b)(2)(i).       with energy
                                                                 conservation standards.
For EPSs, no reporting requirement     Add reporting            Required to conduct      When certifying
 for output cord specifications.        requirement for output   amended appendix Z       compliance in
                                        cord effective wire      test procedure.          accordance with the
                                        gauge and length (or                              next annual
                                        for EPSs shipped                                  certification report
                                        without an output                                 filing date on/after
                                        cord, effective wire                              May 7, 2025.
                                        gauge and length for
                                        the manufacturer's
                                        recommended output
                                        cord) to Sec.
                                        429.37(b)(i)-(iv).
For EPSs, no reporting requirements    Add reporting            Required to determine    When certifying
 for output voltage.                    requirements for         compliance with          compliance in
                                        output voltage to Sec.   currently applicable     accordance with the
                                          429.37(i) through      energy conservation      next annual
                                        (iv).                    standards.               certification report
                                                                                          filing date on/after
                                                                                          May 7, 2025.
For EPSs exempt from the energy        Add requirement that     Improved clarity,        When certifying
 conservation standards, only the       the year for which the   consistency with other   compliance in
 number of units of exempt external     sales number being       similar reporting        accordance with the
 power supplies sold during the most    reported represents to   requirements.            next annual
 recent 12-calendar-month period        Sec.   429.37(b)(3)                               certification report
 ending on July 31, importer or         and (c).                                          filing date on/after
 manufacturer name and address, and                                                       May 7, 2025.
 brand name must be reported.
For battery chargers, reporting        Add reporting            Required to determine    On or before the
 requirements only reflect metrics      requirements to Sec.     compliance with any      compliance date of any
 associated with battery chargers       429.39(b)(5) and (6)     future amended energy    future amended energy
 tested in accordance with appendix Y.  for battery chargers     conservation standards   conservation standards
                                        tested in accordance     for battery chargers.    based on appendix Y1.
                                        with newly adopted
                                        appendix Y1, multi-
                                        metric approach.
For CRACs, reporting requirements do   Add reporting            Required to determine    May 7, 2025.
 not include provisions for             requirements specific    compliance with the
 certifying compliance with net         to net sensible          amended energy
 sensible coefficient of performance    coefficient of           conservation standards.
 standards.                             performance to Sec.
                                        429.43(b)(2)(ix)(B).
For CRACs, reporting requirements do   Add supplemental         Required to ensure that  May 7, 2025.
 not include provisions for             testing instructions     testing conditions are
 submitting a supplemental testing      file requirements in     met in the case of
 instructions file in PDF form.         PDF form for             enforcement testing.
                                        certification reports
                                        to Sec.
                                        429.43(b)(4)(viii).

[[Page 82000]]

 
For CRACs, reporting requirements do   Add reporting            Required to determine    May 7, 2025.
 not include indoor and outdoor unit    requirements for         specific individual
 individual model numbers.              indoor and outdoor       models distributed in
                                        unit individual model    commerce under each
                                        numbers to Sec.          basic model.
                                        429.43(b)(6)(i).
For CRACs, current AEDM tolerances do  Add tolerance of 5       Required for             May 7, 2025.
 not specify tolerances for NSenCOP     percent to table 2 to    consistency with
 verification tests.                    Sec.                     allowable AEDMs for
                                        429.70(c)(5)(vi)(B)      other product types
                                        for CRAC verification    and metrics.
                                        tests for NSenCOP.
For DX-DOASes, reporting requirements  Add reporting            Required to determine    May 7, 2025.
 do not include provisions for          requirements for         compliance with the
 certifying compliance with             integrated seasonal      energy conservation
 integrated seasonal moisture removal   moisture removal         standards.
 efficiency 2 and integrated seasonal   efficiency 2 and
 coefficient of performance 2           integrated seasonal
 standards.                             coefficient of
                                        performance 2, as well
                                        as rated moisture
                                        removal capacity,
                                        rated supply airflow
                                        rate, and
                                        configuration of the
                                        basic model to Sec.
                                        429.43(b)(2)(xi)(A)
                                        through (C).
For DX-DOASes, reporting requirements  Add reporting            Required to fully        May 7, 2025.
 do not include reporting               requirements for         ensure that
 requirements for systems with          systems with VERS to     enforcement provisions
 ventilation energy recovery systems    Sec.                     specified at Sec.
 (``VERS'').                            429.43(b)(3)(iii).       429.134(s) for DX-
                                                                 DOASes are met in the
                                                                 case of enforcement
                                                                 testing.
For DX-DOASes, reporting requirements  Add supplemental         Required to ensure that  May 7, 2025.
 do not include provisions for          testing instructions     testing conditions are
 submitting a supplemental testing      file requirements in     met in the case of
 instructions file in PDF form.         PDF form for             enforcement testing.
                                        certification reports
                                        to Sec.
                                        429.43(b)(4)(x).
For DX-DOASes, reporting requirements  Add reporting            Required to determine    May 7, 2025.
 do not include indoor and outdoor      requirements for         specific individual
 unit individual model numbers.         indoor and outdoor       models distributed in
                                        unit individual model    commerce under each
                                        numbers to Sec.          basic model.
                                        429.43(b)(6)(ii).
For three-phase less than 65,000 Btu/  Add reporting            Required to determine    May 7, 2025.
 h ACUACs and ACUHPs and three-phase    requirements for         compliance with energy
 less than 65,000 Btu/h VRF, no         seasonal energy          conservation standards.
 reporting requirements for seasonal    efficiency ratio 2 and
 energy efficiency ratio 2 and          heating seasonal
 heating seasonal performance factor    performance factor 2
 2.                                     to Sec.   429.67(f)(2).
For three-phase less than 65,000 Btu/  Add reporting            Required to determine    May 7, 2025.
 h ACUACs and ACUHPs and three-phase    requirements for         specific individual
 less than 65,000 Btu/h VRF,            indoor and outdoor       models distributed in
 reporting requirements do not          unit individual model    commerce under each
 include indoor and outdoor unit        numbers to Sec.          basic model.
 individual model numbers.              429.67(f)(4)).
For three-phase less than 65,000 Btu/  Add supplemental         Required to ensure that  May 7, 2025.
 h ACUACs and ACUHPs and three-phase    testing instructions     testing conditions are
 less than 65,000 Btu/h VRF,            file requirements in     met in the case of
 reporting requirements do not          PDF form for             enforcement testing.
 include provisions for submitting a    certification reports
 supplemental testing instructions      for outdoor units with
 file in PDF form for outdoor units     no match to Sec.
 with no match.                         429.67(f)(3).
For three-phase less than 65,000 Btu/  Correct Sec.             Removes discrepancy      N/A.
 h ACUACs three-phase less than         429.67(c)(2)(ii)(A)(2)   from sampling
 65,000 Btu/h VRF, current sampling     to specify that the      provisions, improves
 requirements state to use the          Student's t-             clarity.
 Student's t-Distribution Values from   Distribution Values in
 ``appendix D'', whereas appendix A     appendix A to subpart
 to subpart B of part 429 contains      B of part 429 should
 the applicable Student's t-            be used.
 Distribution Values.

[[Page 82001]]

 
For CWHs, no reporting requirements    Add reporting            Required to determine    May 7, 2025.
 for electric instantaneous water       requirements for         compliance with energy
 heaters.                               electric instantaneous   conservation standards.
                                        water heaters to Sec.
                                         429.44(c)(2)(vi)-(vii
                                        ).
For CWHs, no rated input reporting     Add rated input          Required to determine    When certifying
 requirement for electric storage       reporting requirement    that models exceed the   compliance in
 water heaters.                         for electric storage     definitional             accordance with the
                                        water heaters to Sec.    requirement for          next annual
                                         429.44(c)(2)(i).        electric storage water   certification report
                                                                 heaters.                 filing date on/after
                                                                                          May 7, 2025.
For ACIMs, reporting requirements      Update reporting         Improved clarity and     When certifying
 include ``maximum energy use'' and     requirement              consistency with         compliance in
 ``maximum condenser water use''.       terminology to specify   definitions.             accordance with the
                                        ``energy use'' and                                next annual
                                        ``condenser water                                 certification report
                                        use'' in Sec.                                     filing date on/after
                                        429.45(b)(2).                                     May 7, 2025.
For ACIMs, no rounding requirements    Add rounding             Improves                 When certifying
 for represented values specified in    requirements in Sec.     representativeness,      compliance in
 10 CFR 429.45.                         429.45(b)(3) that        repeatability, and       accordance with the
                                        specify represented      reproducibility.         next annual
                                        values determined in                              certification report
                                        10 CFR 429.45 must be                             filing date on/after
                                        rounded consistent                                May 7, 2025.
                                        with the test
                                        procedure rounding
                                        instructions upon the
                                        compliance date of any
                                        amended standards.
For ACIMs, sampling provisions         Revise sampling          Removes discrepancy      N/A.
 require use of the Student's t-        provisions in 10 CFR     from sampling
 Distribution Values for a 95-percent   429.45(a)(2) to          provisions, improves
 two-tailed confidence interval from    correct this             clarity.
 appendix A to subpart B of part 429,   discrepancy and
 whereas appendix A to subpart B of     clarify that the
 part 429 contains one-tailed           Student's t-
 Student's t-Distribution Values.       Distribution Values
                                        for a 95-percent one-
                                        tailed confidence
                                        interval from appendix
                                        A to subpart B of part
                                        429.
For walk-in refrigeration systems, no  Add reporting            Required to ensure test  When certifying
 reporting requirement for whether      requirement for          conditions specified     compliance in
 the basic model meets the definition   whether the basic        in the test procedure    accordance with the
 of a CO2 unit cooler.                  model meets the          are met.                 next annual
                                        definition of a CO2                               certification report
                                        unit cooler to Sec.                               filing date on/after
                                        429.53(b)(2)(iii)(G).                             May 7, 2025.
For walk-in refrigeration systems,     Modify current           Required to ensure test  When certifying
 the configuration reporting            configuration            conditions specified     compliance in
 requirement does not include           reporting requirement    in the test procedure    accordance with the
 ``detachable single-packaged           in Sec.                  are met.                 next annual
 dedicated system'' or ``attached       429.53(b)(2)(iii)(C)                              certification report
 split system''.                        to include                                        filing date on/after
                                        ``detachable single-                              May 7, 2025.
                                        packaged dedicated
                                        system'' and
                                        ``attached split
                                        system''.
For walk-in dedicated condensing       Add reporting            Required to ensure test  When certifying
 systems, no reporting requirement      requirement in Sec.      conditions specified     compliance in
 for head pressure controls.            429.53(b)(3)(ii) for     in the test procedure    accordance with the
                                        whether the basic        are met.                 next annual
                                        model has head                                    certification report
                                        pressure controls.                                filing date on/after
                                                                                          May 7, 2025.
No supplemental testing instructions   Add requirement in Sec.  Required to ensure test  When certifying
 for walk-in refrigeration systems.       429.53(b)(4) for       conditions specified     compliance in
                                        submission of            in the test procedure    accordance with the
                                        supplement test          are met.                 next annual
                                        information in PDF                                certification report
                                        format, if necessary                              filing date on/after
                                        to run a valid test,                              May 7, 2025.
                                        at the time of
                                        certification.
For walk-in refrigeration systems, no  Add optional reporting   Improves                 When certifying
 reporting requirement for compressor   requirement to Sec.      representativeness,      compliance in
 break-in duration used to obtain       429.53(b)(3)(ii) for     repeatability, and       accordance with the
 certified rating.                      compressor break-in      reproducibility.         next annual
                                        duration used to                                  certification report
                                        obtain certified                                  filing date on/after
                                        rating, if applicable.                            May 7, 2025.
For walk-in doors with anti-sweat      Add reporting            Required to ensure       When certifying
 heater (ASH) controls, no reporting    requirements to Sec.     applicable enforcement   compliance in
 requirements for conditions at which   429.53(b)(2)(i)(H) for   provisions are met in    accordance with the
 the controls activate the ASH wire.    conditions (i.e.,        the case of              next annual
                                        temperature, humidity,   enforcement testing.     certification report
                                        etc.) at which the                                filing date on/after
                                        controls activate the                             May 7, 2025.
                                        ASH wire.
For walk-in doors, no reporting        Add reporting            Required to calculate    When certifying
 requirement for thermal conduction     requirement for          daily energy             compliance in
 load through the door.                 thermal conduction       consumption.             accordance with the
                                        load through the door                             next annual
                                        to Sec.                                           certification report
                                        429.53(b)(3)(i)(B).                               filing date on/after
                                                                                          May 7, 2025.
For walk-in panels, date of            Require panel            Aids enforcement         When certifying
 manufacturer is not required on a      manufacture date be      evaluation, as           compliance in
 panel's nameplate or label.            added to the nameplate   necessary.               accordance with the
                                        or label in Sec.                                  next annual
                                        431.305(a).                                       certification report
                                                                                          filing date on/after
                                                                                          May 7, 2025.
For commercial and industrial pumps,   Amend all instances of   Standardize variables    N/A.
 Pi\in\ is listed as P\in\i.            P\in\i with Pi\in\.      with those used in the
                                                                 test procedure.

[[Page 82002]]

 
For portable ACs, reporting            Remove ``ability to      Improved clarity,        May 7, 2025.
 requirement for duct configuration     operate in both          consistency with
 lists ``ability to operate in both     configurations'' as an   instructions in
 configurations'' as an option.         option in Sec.           appendix CC and 10 CFR
                                        429.62(b)(2) and add     429.62(a)(5).
                                        reporting requirement
                                        for whether model is
                                        distributed in
                                        commerce with multiple
                                        duct configuration
                                        options.
For portable ACs, no reporting         Add reporting            Required to determine    May 7, 2025.
 requirement for full-load seasonally   requirements for         compliance with the
 adjusted cooling capacity for          whether the basic        energy conservation
 variable-speed models.                 model is variable-       standards.
                                        speed, and if yes; the
                                        full-load seasonally
                                        adjusted cooling
                                        capacity to Sec.
                                        429.62(b)(3).
For compressors, reporting             Establish an annual      Required to ensure       September 1, 2025
 requirements are included in 10 CFR    filing date of           certification            (first occurrence of
 429.63, but no annual filing date is   September 1 at 10 CFR    information is current   September 1st after
 specified in 10 CFR 429.12.            429.12(d), by which      on an annual basis,      compliance date of
                                        manufacturers would be   consistent with the      energy conservation
                                        required to submit       requirements for other   standards in January
                                        required reporting       covered products and     2025).
                                        information to DOE.      equipment.
For DPPPMs, no reporting requirements  Add reporting            Required to verify       On or before September
 outlined in 10 CFR 429.65.             requirements for         compliance with new      29, 2025 (for DPPPMs
                                        DPPPMs to Sec.           energy conservation      <0.5 THP, >=1.15 THP,
                                        429.65(e).               standards.               and <=5 THP), the
                                                                                          compliance date of new
                                                                                          energy conservation
                                                                                          standards. On or
                                                                                          before September 28,
                                                                                          2027 (for DPPPMs >=0.5
                                                                                          THP and <1.15 THP),
                                                                                          the compliance date of
                                                                                          new energy
                                                                                          conservation
                                                                                          standards.
For DPPPMs, no rounding requirements   Add rounding             Improves                 On or before September
 outlined in 10 CFR 429.65.             requirements for         representativeness,      29, 2025 (for DPPPMs
                                        DPPPMs to Sec.           repeatability, and       <0.5 THP, >=1.15 THP,
                                        429.65(f).               reproducibility.         and <=5 THP), the
                                                                                          compliance date of new
                                                                                          energy conservation
                                                                                          standards. On or
                                                                                          before September 28,
                                                                                          2027 (for DPPPMs >=0.5
                                                                                          THP and <1.15 THP),
                                                                                          the compliance date of
                                                                                          new energy
                                                                                          conservation
                                                                                          standards.
For DPPPMs, no annual filing date      Establish an annual      Required to ensure       September 1, 2026,
 specified in 10 CFR 429.12.            filing date of           certification            (first occurrence of
                                        September 1 at 10 CFR    information is current   September 1st after
                                        429.12(d), by which      on an annual basis,      compliance date of
                                        manufacturers would be   consistent with the      energy conservation
                                        required to submit       requirements for other   standards in September
                                        required reporting       covered products and     2025).
                                        information to DOE.      equipment.
For air cleaners, no reporting         Add reporting            Required to verify       May 7, 2025.
 requirements outlined in 10 CFR        requirements for air     compliance with
 429.68.                                cleaners to Sec.         recently adopted
                                        429.68(b).               energy conservation
                                                                 standards.
For air cleaners, no annual filing     Establish an annual      Required to ensure       December 1, 2026,
 date specified in 10 CFR 429.12.       filing date of           certification            (first occurrence of
                                        December 1 at 10 CFR     information is current   December 1st after
                                        429.12(d), by which      on an annual basis,      required reporting on
                                        manufacturers would be   consistent with the      May 7, 2025.
                                        required to submit       requirements for other
                                        required reporting       covered products and
                                        information to DOE.      equipment.
For air cleaners, 10 CFR               Correct 10 CFR           Corrects typographical   N/A.
 429.68(a)(2)(ii) includes a            429.68(a)(2)(ii) to      error, improves
 typographical error and states         specify ``equal to the   clarity.
 ``equal to the high''.                 lower''.
For SPVUs, reporting requirements do   Add reporting            Required to determine    On or before the
 not include provisions for             requirements for         compliance with the      compliance date of any
 certifying compliance with             certifying compliance    energy conservation      amended SPVU energy
 integrated energy efficiency ratio     with integrated energy   standards.               conservation
 standards.                             efficiency ratio                                  standards.
                                        standards to 10 CFR
                                        429.43(b)(2)(v)(B) and
                                        (vi)(B).

[[Page 82003]]

 
For SPVUs with cooling capacities      Add reporting            Required to determine    On or before the
 less than 65,000 Btu/h, reporting      requirements to 10 CFR   whether non-             compliance date of any
 requirements do not include whether    429.43(b)(2)(v)(B) and   weatherized SPVUs with   amended SPVU energy
 the unit is weatherized or non-        (vi)(B) for whether      cooling capacities       conservation
 weatherized, and if non-weatherized,   the unit is              less than 65,000 Btu/h   standards.
 the airflow rate of outdoor            weatherized or non-      have met the
 ventilation air which is drawn in      weatherized, and if      definitional
 and conditioned.                       non-weatherized, the     requirements for
                                        airflow rate of          airflow rate of
                                        outdoor ventilation      outdoor ventilation
                                        air which is drawn in    air which is drawn in
                                        and conditioned as       and conditioned.
                                        determined in
                                        accordance with 10 CFR
                                        429.134(x)(3), while
                                        the equipment is
                                        operating with the
                                        same drive kit and
                                        motor settings used to
                                        determine the
                                        certified efficiency
                                        rating of the
                                        equipment.
For SPVUs, existing supplemental       Add supplemental         Required to ensure test  On or before the
 testing instruction requirements do    testing instruction      conditions specified     compliance date of any
 not reflect updated integrated         file content             in the test procedure    amended SPVU energy
 energy efficiency ratio test           requirements for when    are met.                 conservation
 procedure.                             certifying compliance                             standards.
                                        with an integrated
                                        energy efficiency
                                        ratio standard to 10
                                        CFR
                                        429.43(b)(4)(vi)(B)
                                        and (vii)(B).
For CFLKs, reporting requirements      Amend reporting          Required to determine    N/A.
 inadvertently omit CFLKs distributed   requirements in 10 CFR   compliance with the
 with consumer-replaceable SSL.         429.33(b)(2)(ii)(A)      energy conservation
                                        and (b)(3)(ii)(B) to     standards.
                                        include CFLKs
                                        distributed with
                                        consumer-replaceable
                                        SSL.
For GSLs, certifying compliance to     Specify certifying       Required to show         May 7, 2025.
 the 45 lm/W backstop requirement is    compliance to the GSL    compliance with the
 not required per DOE guidance.         backstop requirement.    energy conservation
                                                                 standards.
----------------------------------------------------------------------------------------------------------------

    The finalized regulatory amendments summarized in this section, and 
that are described in greater detail in section III, pertain to 
certification reporting and labeling requirements only. DOE is not 
amending the test procedures or energy conservation standards for CAC/
HPs, DWs, RCWs, pool heaters, dehumidifiers, EPSs, battery chargers, 
CRACs, DX-DOASes, three-phase, less than 65,000 Btu/h ACUACs and 
ACUHPs, three-phase, less than 65,000 Btu/h VRF, CWHs, ACIMs, walk-ins, 
commercial and industrial pumps, portable ACs, compressors, DPPPMs, air 
cleaners, SPVUs, CFLKs, and GSLs.
    The effective date for the amended certification requirements 
adopted in this final rule is 75 days after publication of this 
document in the Federal Register. Certification reports for CAC/HPs, 
DWs, RCWs, pool heaters, dehumidifiers, EPSs, battery chargers, CRACs, 
DX-DOASes, three-phase, less than 65,000 Btu/h ACUACs and ACUHPs, 
three-phase, less than 65,000 Btu/h VRF, CWHs, ACIMs, walk-ins, 
commercial and industrial pumps, portable ACs, compressors, DPPPMs, air 
cleaners, SPVUs, CFLKs, and GSLs submitted beginning 210 days after 
publication of this final rule, in accordance with an annual 
certification report filing date on or after 210 days after publication 
of this final rule, or on or after the compliance date of any amended 
energy conservation standards, as outlined in each of the product-
specific sections of section III of this notice, must comply with the 
applicable certification requirements as amended by this final rule. 
For certification reports submitted after the effective date of this 
final rule, but prior to the compliance date, a manufacturer may 
optionally submit a certification report as required by the amendments 
in this final rule (i.e., early compliance is permitted). The 
requirements pertaining to the compliance date and the provision for 
early compliance apply to all certification reports submitted as 
required by 10 CFR 429.12 (i.e., annual certifications and 
certification of new and discontinued basic models).

III. Discussion

    Certification of compliance to DOE is a mechanism that helps 
manufacturers understand their regulatory obligations for distributing 
basic models of covered products and equipment that are subject to 
energy conservation standards. Certification also helps consumers 
obtain information about products' energy performance. Certification 
reports include characteristics of covered products or equipment used 
to determine which standard applies to a given basic model, and they 
also help DOE identify models and/or regulated entities that may not 
comply with the applicable regulations.
    As discussed in section I.B of this document, DOE proposed 
amendments to the certification and reporting requirements for certain 
products and equipment in the September 2023 CCE NOPR. 88 FR 67458. DOE 
received a number of comments in response to the September 2023 CCE 
NOPR, including general comments and comments on product/equipment 
categories that were not included in the September 2023 CCE NOPR. These 
comments are summarized and discussed in the following sections.
    For the covered products and equipment addressed in this final 
rule, DOE has identified areas in which the certification reporting 
requirements in 10 CFR part 429 are not consistent with the information 
required to verify compliance with current energy conservation 
standards. DOE is amending the certification and reporting provisions 
for these products and equipment to ensure reporting that is consistent 
with currently applicable

[[Page 82004]]

energy conservation standards and to ensure that DOE has the 
information necessary to determine the appropriate classification of 
products for the application and enforcement of standards. In addition 
to the specific amendments discussed in the following sections, DOE is 
also adopting minor amendments to ensure consistency among terms used 
throughout DOE's certification and reporting provisions. Additionally, 
DOE is adopting labeling requirements for walk-ins.

A. General Comments

    ASAP et al. commented in support of the September 2023 CCE NOPR. 
ASAP et al. stated that the proposed reporting requirements would 
ensure that DOE has relevant information to determine whether certified 
models comply with the corresponding energy conservation standard. ASAP 
et al. commented that clarity in reporting requirements for 
certification would help to ensure that data reported to the Compliance 
and Certification Management System (``CCMS'') is complete and 
submitted in a uniform manner. (ASAP et al., No. 14 at pp. 1-2)
    AHAM commented it supports many of the changes DOE is suggesting 
for its certification, labeling, and enforcement provisions that are 
aimed at ensuring consistency between testing to support certification 
and testing DOE does to support its enforcement efforts as well as the 
proposals to ensure consistency in reported data between similar 
products. (AHAM, No. 16 at p. 1)
    AHRI commented that it was largely supportive of the changes 
proposed in the September 2023 CCE NOPR, but also had several 
recommendations for improvement and clarification regarding proposed 
certification requirements. (AHRI, No. 18 at p. 2)
    Rheem commented that as an active member of AHRI, it shares several 
of the concerns noted in AHRI's comments. (Rheem, No. 15 at p. 1)
    Carrier generally supported the September 2023 CCE NOPR regarding 
certification and labeling requirements and enforcement provisions for 
certain consumer products and commercial equipment, with certain 
modifications. Carrier also stated that having these requirements 
provides predictability for manufacturers and valuable information for 
consumers. (Carrier, No. 12 at p. 1)
    AHRI commented requesting DOE to update AHRI's address at 10 CFR 
429.4(c) to 2311 Wilson Blvd., Suite 400, Arlington, VA 22201 and added 
that the phone number and web address remain the same as currently 
listed in the CFR. (AHRI, No. 18 at p. 13)
    DOE is aware of the error and will update AHRI's contact 
information in a separate rulemaking that amends the materials 
incorporated by reference at 10 CFR 429.4(c).
1. Rulemaking Process
    AHRI commented that review of the September 2023 CCE NOPR raised 
some questions regarding the process DOE relied upon for establishing 
certification requirements. Specifically, AHRI provided some 
suggestions to bring reliability and timeliness to the certification, 
compliance, and enforcement process and urged that DOE consider issuing 
a proposal to seek stakeholder feedback on the establishment of a CCE 
process rule. (AHRI, No. 18 at p. 2) AHRI commented that a general 
review of the certification and enforcement process would help 
establish certainty and predictability for all stakeholders. AHRI 
requested that DOE initiate a rulemaking to develop procedures, 
interpretations, and policies for consideration of new or revised 
certification and enforcement rulemakings for consumer products and 
certain commercial/industrial equipment. AHRI commented that a 
``process rule'' for certification and compliance is as important and 
necessary to manufacturers and certification bodies as the development 
of test procedures and energy conservation standards. (AHRI, No. 18 at 
p. 4)
    AHRI commented that stakeholders need certification and enforcement 
changes proposed more closely to the publication of the final rule and 
with appropriate time to implement template changes for compliance. 
AHRI commented that the September 2023 CCE NOPR included several 
products where the trigger for the compliance and enforcement changes 
was over 19 months ago. (AHRI, No. 18 at p. 4)
    AHRI noted that manufacturers are required to comply with an 
amended test procedure within 180 days of DOE publishing a final rule 
in the Federal Register. AHRI commented that for such rulemakings, DOE 
should publish a proposed certification and enforcement rulemaking 
within 30 days of the test procedure final rule with a final 
certification and enforcement rulemaking published within 90 days of 
the test procedure final rule. This timeline, AHRI noted, would allow 
30 days for stakeholder feedback to the proposed certification and 
enforcement rule; 30 days for DOE to incorporate changes and pre-
publish a final rule; and 90 days for stakeholders to implement and 
comply with the changes. (AHRI, No. 18 at p. 5)
    Carrier commented that many of the reporting changes in the 
September 2023 CCE NOPR are the result of test procedure or energy 
conservation standards rulemakings completed in 2022 with compliance 
dates that are approaching. Carrier requested that in future 
rulemakings, DOE publish the associated certification rulemaking NOPR 
as close as possible to the test procedure and energy conservation 
standards final rules, ideally within 30 days of final rule issuance to 
allow time for third-party certification bodies (such as AHRI) and 
manufacturers to make necessary changes to their systems before 
compliance is required. Carrier said this would cut down on undue 
expenses, potential error, and unnecessary rework. (Carrier, No. 12 at 
p. 2)
    DOE recognizes the concerns regarding the timing of certification 
amendments with respect to test procedure and energy conservation 
standard amendments. DOE notes that conducting individual certification 
rulemakings for each product would result in many more rulemaking 
notices, which would create substantially more administrative burden 
for commenters with interests in multiple covered products and 
equipment. In this case, DOE would have needed to publish over 40 
separate rulemaking documents if it were to conduct a separate 
certification rulemaking for each of the product and equipment 
categories considered in this document. Nonetheless, DOE will continue 
to evaluate its process for conducting certification rulemakings, while 
meeting its statutory and regulatory requirements.
    AHRI commented that consideration must be given to how and when 
templates are updated because the timing of template changes impacts 
not only manufacturers, but also AHRI's certification program. (AHRI, 
No. 18 at p. 3) AHRI stated that while DOE typically provides 3-to-5 
years of lead time before compliance is required, sometimes compliance 
can be required in as little as 18 months. The commenter stressed that 
adequate lead time is necessary for the transition to new test 
procedures and new standards. AHRI commented that it is also necessary 
to have certification and enforcement rules and templates issued and 
finalized expeditiously and on a reasonable and predictable schedule, 
in order for manufacturers to be able to collect necessary data. 
Consequently, AHRI recommended that DOE issue full draft templates, 
rather than just column headers and product group codes. Additionally, 
AHRI stated that clear identification of new or modified

[[Page 82005]]

information would also be helpful to assist stakeholders when reviewing 
templates or even column headers, noting that stakeholders should not 
be required to presume what the compliance requirements are. (AHRI, No. 
18 at p. 4)
    In response, DOE issues template column headers and product group 
codes to assist submitters in preparing for the upcoming template 
revisions. Because certification reporting requirements may change 
between the NOPR and final rule, DOE issues templates only at the 
completion of the final rule to avoid confusion and mitigate burden. 
Issuing full draft templates that cannot be submitted for compliance 
purposes may cause confusion amongst certifiers. Further, certifiers 
would need to review the final version of the template, as there may be 
modifications not incorporated in the draft template, which increases 
the potential for invalid certification reports and require certifiers 
to re-submit using the correct templates, thereby increasing burden on 
certifiers.
2. Compliance Timeline
    Rheem commented requesting DOE to clarify the required filing date 
for each of the products/equipment covered by this rulemaking, such as 
by including a table in the final rule that clearly states the required 
filing date for each product class. (Rheem, No. 15 at pp. 1-2)
    AHRI commented that in future rules, special consideration should 
be given to situations where publication of the proposed and final 
certification and enforcement rulemaking is close to the first time or 
annual certification requirement for the products or equipment. AHRI 
stated concern that template releases for equipment with first time 
compliance deadlines or annual reporting requirements in the spring of 
2024 may be in jeopardy resulting from the timing of the September 2023 
CCE NOPR, and ultimately the final rule publication. (AHRI, No. 18 at 
p. 6)
    AHRI recommended that DOE finalize this rulemaking and publish 
templates no later than January 2, 2024, which would allow stakeholders 
to have final templates 120 days prior to the spring 2024 first-time 
compliance and annual reporting deadlines. (AHRI, Public Meeting 
Transcript, No. 6 at pp. 5-6; AHRI, No. 18 at p. 6)
    AHRI commented that annual reporting should not be required within 
120 days of publication of a new certification and enforcement 
rulemaking where templates are revised or impacted. If the 
certification and enforcement rulemaking cannot be finalized more than 
120 days in advance of the annual reporting deadline, AHRI commented 
that the deadline for that year should shift to 120 days after 
publication of the final certification and enforcement rule in the 
Federal Register. AHRI commented that requiring annual reporting for 
any templates revised in closer proximity to the annual reporting 
deadline is burdensome to the regulated community. (AHRI, No. 18 at p 
7)
    In response, DOE has noted the applicable compliance dates for each 
of the product or equipment categories that are the subject of this 
rulemaking in the following sections and in Table II.1 to section II, 
Synopsis of the Final Rule, of this document. For products such as air 
cleaners, CRACs, DX-DOAS, three-phase less than 65,000 Btu/h ACUACs and 
ACUHPs and three-phase less than 65,000 Btu/h VRF, electric 
instantaneous water CWHs, and portable ACs where compliance with new or 
amended standards is required prior to the required use date of the 
reporting requirement established in this rule and a template is not 
currently available to certify compliance, then compliance with the 
amended certification requirements would not be required until 210 days 
after publication of this rule. DOE notes that compliance with the 
amended standards themselves would still be required on and after their 
applicable compliance date(s). For products and equipment with existing 
standards and existing reporting requirements, if the annual reporting 
deadline is prior to the compliance date of this rule (i.e., sooner 
than 210 days after publication), the annual reporting requirement can 
be met using the current template. Using the revised templates would 
not be required until the next annual reporting deadline after the 
compliance date of this rule. For products and equipment where 
compliance with new or amended standards is required more than 210 days 
after publication of this rule, then certification is required by the 
compliance date of such standard. Through such approach, DOE seeks to 
minimize associated regulatory burden on manufacturers.
    DOE notes that the Department strives to finalize certification 
templates as expeditiously as possible, in order to provide certifiers 
sufficient time to prepare for the compliance dates of any upcoming 
amended energy conservation standards. In this case, although the final 
templates have not yet been posted for use, DOE has provided 
certification template draft column headers and product group codes in 
the docket for this rulemaking to assist certifiers in preparation for 
the upcoming compliance dates prior to the publication of this final 
rule.
3. Collection of Information
    AHAM commented that DOE stated in several places of the September 
2023 CCE NOPR an intention to collect data which AHAM deems unnecessary 
to demonstrate compliance with energy conservation standards. AHAM 
stated DOE should ensure that its information collections are 
restricted to data necessary for this purpose, and if DOE wishes to 
collect data for future energy conservation standards rulemaking 
efforts or for its own information, DOE should collect that data 
through its energy conservation standard rulemaking process and not 
through the certification, compliance, and enforcement process. (AHAM, 
No. 16 at p. 1;AHAM, No. 19 at p. 2)) AHAM commented that many of the 
proposals in the September 2023 CCE NOPR go beyond the types of 
information currently collected under 10 CFR 429.14 to 10 CFR 429.63, 
which are more directly related to demonstrating compliance with 
standards. (AHAM, No. 16 at p. 2)
    AHRI commented that DOE must limit the energy efficiency or energy 
use information required in certification reports to that which is 
truly necessary to determine compliance with the test procedure, 
labeling, and energy efficiency standards. AHRI commented that anything 
beyond that would fall outside of the information DOE is authorized to 
collect, and results in an undue burden on manufacturers because it 
creates a real cost to vet and verify information unrelated to the 
covered product's compliance with energy conservation standards, which 
on its face fails the requirement of 42 U.S.C. 6296(d) that DOE collect 
only necessary data in a manner designed to minimize unnecessary 
burdens on manufacturers. (AHRI, No. 18 at p. 3)
    In response, section 326(d) of EPCA states that the Secretary may 
require manufacturers to submit information or reports to DOE with 
respect to energy efficiency or energy use as the Secretary determines 
may be necessary to establish and revise test procedures, labeling 
rules, and energy conservation standards for such products and to 
ensure compliance with requirements of this part. (42 U.S.C. 
6296(d)(1)) This express statutory language provides DOE with the 
authority to require manufacturers to submit information pertaining to 
the energy efficiency or energy use where it is necessary when 
establishing or revising its standards or test procedures, as well as 
to ensure

[[Page 82006]]

compliance. As such, DOE disagrees with AHRI's assessment that DOE must 
limit its collection requirements to information needed to determine 
compliance.
    DOE acknowledges that EPCA states that the Secretary shall exercise 
authority under this section in a manner designed to minimize 
unnecessary burdens on manufacturers. (42 U.S.C. 6296(d)(2)) However, 
where DOE proposed reporting requirements that were not directly 
related to compliance with energy conservation standards, the 
Department clarifies that the proposed requirements were included to 
ensure appropriate application of the test procedure for enforcement 
testing conducted by DOE. Additionally, the measurement of these values 
and recording of product or equipment characteristics is required when 
testing is conducted according to the DOE test procedures. Therefore, 
manufacturers should already have this information readily available, 
and, thus, the burden on manufacturers would be minimal.
    In the September 2023 CCE NOPR, as well as in the product-specific 
sections that follow in this document, DOE has provided its reasons in 
the September 2023 CCE NOPR for its proposed collection of data and 
information. DOE discusses the specific comments and provisions that 
have been flagged and asserted by certain commenters to be unnecessary 
in the relevant sections that follow. DOE also explains why the 
Department has found the data collection to be necessary, to be 
required to ensure products and equipment are compliant, and/or to 
support DOE's enforcement efforts.
4. Certification Reporting Cost and Burden
    Carrier commented that the estimates of the cost and burden of 
changes to annual reporting requirements were not adequately considered 
in the September 2023 CCE NOPR. Carrier commented that certification 
requirements are often established close to the test procedure or 
energy conservation standards compliance date, which increases the cost 
and burden to manufacturers and third-party certification bodies who 
must implement changes in a short amount of time. (Carrier, No. 12 at 
pp. 1-2)
    BWC commented that adding reporting requirements increases 
regulatory burden, which includes examination of the proposal; analysis 
of its findings; assessment of manufacturer capabilities to achieve 
established objectives in the proposal; internal deliberations about 
how/if this can realistically be accomplished; and finally, crafting 
and delivering meaningful feedback to DOE. BWC commented that all these 
tasks must occur prior to the physical work that takes place to adjust 
processes, such as may be required to comply with the September 2023 
CCE NOPR. BWC stated that there are several major proposed and final 
rulemakings from 2023 alone that impact the products that BWC 
manufactures, including the September 2023 CCE NOPR; July 2023 Consumer 
Water Heater ECS NOPR (88 FR 49058); June 2023 Consumer Water Heater TP 
Final Rule (88 FR 40406); March 2023 Consumer Boiler TP Final Rule (88 
FR 15510); and the August 2023 Consumer Boiler ECS NOPR (88 FR 55128). 
BWC commented that this list did not include actions undertaken by 
States and local jurisdictions as well as ENERGY STAR. BWC commented 
urging DOE to take into account the sheer volume of regulatory activity 
that faces manufacturers. BWC commented that the accumulation of 
regulatory burden increases costs in human and technological resources. 
BWC stated that as proposed rules are published and promulgated as 
final rules, BWC resources must be allocated and deployed to achieve 
compliance within the timelines prescribed in those final rules. (BWC, 
No. 13 at pp. 2-3)
    The certification reporting requirements adopted in this final rule 
ensure consistency with DOE energy conservations standards and test 
procedure rulemakings for the subject products or equipment. These 
reporting requirements generally pertain to requirements that are 
readily available in test reports that manufacturers are required to 
use when testing to the DOE test procedure. Further, Carrier and BWC 
did not provide any data indicating increased costs to manufacturers 
related to reporting. DOE recognizes that certification reporting 
requirements may result in costs and manufacturer burden in addition to 
those required to comply with new or amended energy conservation 
standards or to conduct testing. To the extent that the adopted 
certification reporting requirements would impose additional cost and 
burden to manufacturers and importers, DOE has discussed these costs in 
the product specific sections. DOE also recognizes the effort needed 
for stakeholders to review and provide feedback to the many proposals 
in the September 2023 CCE NOPR. However, as discussed in section 
III.A.1 of this document, DOE notes that conducting individual 
certification rulemakings for each product would result in many more 
rulemaking notices, which would create substantially more 
administrative burden for commenters with interests in multiple covered 
products and equipment. In this case, DOE would have needed to publish 
over 40 separate notices if it were to conduct a separate certification 
rulemaking for each of the product and equipment categories considered 
in this document.
    AHRI commented that DOE's regulations require certification reports 
to be filed for every basic model prior to distribution in commerce, 
after initial certification, and after discontinuation, which is a 
process that creates onerous obstacles for third-party certification 
bodies that represent 90 percent of the regulated market. AHRI 
commented it has long advocated for the elimination of the annual 
certification requirements for covered products via notice and comment 
rulemaking. AHRI commented that this process is unnecessary and imparts 
burden without benefit. (AHRI, No. 18 at p. 6)
    In response, DOE has determined that its annual certification 
requirements provide DOE and consumers with comprehensive, up-to-date 
efficiency information and also support effective enforcement. If DOE 
were to eliminate its annual certification requirements, DOE would have 
no way of ensuring that all of the information available to consumers 
in DOE's Compliance Certification Database (``CCD'') \6\ is up-to-date 
and certified in accordance with the most recent DOE test procedure. 
Occasionally, changes to DOE test procedures do not require revised 
certification reporting templates, and the existence of annual 
certification requirements ensures that the information available to 
consumers is consistently updated without requiring revised 
certification templates. Additionally, the elimination of annual 
certification requirements would increase the likelihood that 
discontinued models would not be removed from the CCD. Accordingly, DOE 
is not amending the long-standing annual certification requirement as 
part of this final rule.
---------------------------------------------------------------------------

    \6\ Certified equipment in the CCD is listed by product class 
and can be accessed at www.regulations.doe.gov/certification-data/#q=Product_Group_s%3A*.
---------------------------------------------------------------------------

    AHRI noted that triennial compliance with the Paperwork Reduction 
Act (``PRA'') to templates using OMB Control Number 1910-1400 expires 
on September 30, 2024. AHRI commented that submission of new forms for 
OMB approval have only changed the version number, OMB control number, 
and OMB form expiration date, but this change made to every template

[[Page 82007]]

simultaneously causes substantial burden for certification bodies. 
(AHRI, No. 18 at p. 6) AHRI commented suggesting that templates updated 
in this rulemaking be submitted to OMB to reduce future template 
changes that would just update the version number. AHRI commented DOE 
is obligated to consider this and any other recommendations that reduce 
the burden of compliance. (AHRI, No. 18 at pp. 6-7)
    DOE notes that it revises the template version numbers as part of 
the triennial compliance with PRA to ensure that submitters are using 
the most up-to-date templates based on the current OMB control numbers. 
DOE will evaluate to what extent updates to forms can be limited to 
reduce burden on certification bodies.
    MJ L commented that requiring more reporting and labeling of 
consumer products and commercial equipment is onerous and costly for 
the makers. MJ L commented that products would need to be redesigned to 
comply to the more stringent new standards, which would make such 
products more costly and less useful. (MJ L, No. 11 at p. 1)
    DOE notes that this rulemaking is not adopting any amended 
standards; it is only adopting certification reporting requirements for 
products and equipment consistent with recently amended or newly 
established test procedures or energy conservation standards.
5. Calculations for Enforcement Testing
    Rheem commented requesting DOE to clarify whether the energy 
efficiency standard (``EES'') is rounded when the applicable 
certification requirements require rounding while performing 
enforcement calculations in 10 CFR 429, subpart C, appendix A. Rheem 
provided an example, stating that: an EES of 0.934 may be required as a 
result of an EES equation, but certification to the nearest 0.01 
percent is required; therefore, a model designed to an EES of exactly 
0.934 will need to certify to 0.93, which is below the level produced 
by the EES equation. As the compliant model must certify below the EES, 
it follows that the EES is actually rounded. (Rheem, No. 15 at p. 8)
    DOE determines the applicable energy efficiency standard or energy 
conservation standard used in enforcement calculations based on the 
product or equipment requirements. When applicable, DOE follows the 
same rounding requirements for the relevant metric as specified in the 
applicable test procedure requirements at 10 CFR 430.23 or the relevant 
product or equipment specific test procedure appendix, the rounding 
requirements at 10 CFR 430.32, or the rounding requirements in the 
product or equipment specific certification reporting requirements. In 
the case of Rheem's example, DOE notes that an EES of 0.934 would also 
be rounded to 0.93, and therefore, the rounding would not affect any 
compliance determination. DOE may additionally consider further 
clarifications to the enforcement calculations in 10 CFR 429, subpart 
C, appendix A to address this in a future rulemaking.
6. Comments on Products/Equipment Not Included in the September 2023 
CCE NOPR
    Although not within the scope of the September 2023 CCE NOPR, AHAM 
submitted comments regarding reporting requirements for conventional 
cooking tops. Specifically, AHAM requested that DOE indicate in 10 CFR 
430.134 that it will use the same measurement equipment for testing gas 
cooking tops as were used for certification. (AHAM, No. 16 at p. 10) 
AHAM noted that the conventional cooking tops test procedure at 10 CFR 
430, subpart B, appendix I1 (``appendix I1'') specifies that 
measurement of the gas cooking top burner heat input rate starts 5 
minutes after ignition but does not specify an endpoint for this 
measurement. (AHAM, No. 16 at p. 9) AHAM stated that the type of 
measurement equipment--wet meter, dry meter, or mass flow meter--will 
affect the time at which the lab stops the measurement for the burner 
heat input rate which in turn can affect the final measured value. 
(AHAM, No. 16 at pp. 9-10) AHAM commented that, without clarity in the 
enforcement procedures, to ensure compliance upon verification by a 
third-party lab or assessment and enforcement testing by DOE, 
manufacturers may be compelled to conduct repeated testing using 
multiple types of measurement equipment, adding unnecessary burden to 
an already burdensome test. AHAM recommended that DOE include in an 
enforcement provision that it would use the same measurement equipment 
for enforcement testing as was used for certification and acknowledged 
that such an enforcement provision would likely require including an 
additional reporting requirement about the type of measurement 
equipment used for certification: wet meter, dry meter, and mass flow 
meter, which AHAM would support. (AHAM, No. 16 at pp. 10-11)
    AHAM further commented that, together with other stakeholders, it 
filed a petition \7\ requesting that DOE permit an alternative 
calculation for the simmer portion of the conventional cooking top test 
procedure. AHAM also noted that it submitted joint comments on this 
rulemaking docket urging DOE to use the full test for enforcement 
purposes. (AHAM, No. 16 at p. 11; see also Joint Stakeholders, No. 17 
at p. 2-3)
---------------------------------------------------------------------------

    \7\ The docket for this petition is available at 
www.regulations.gov/docket/EERE-2023-BT-TP-0006/document.
---------------------------------------------------------------------------

    The Joint Stakeholders recommended that DOE adopt the calculation 
method AHAM proposed in its petition filed earlier this year for the 
simmer portion of the conventional cooking top test procedure as an 
alternative to the full simmer test. The Joint Stakeholders urged DOE 
to adopt that alternative calculation method together with an 
enforcement provision in 10 CFR 429.134 indicating DOE would rely on 
the full simmer test in appendix I1. The Joint Stakeholders commented 
their intent is that DOE would adopt a new sub-section in 10 CFR 
429.134 outlining the same process it uses for enforcement related to 
refrigerator/freezer models with two compartments, each having its own 
user-operable temperature control. The Joint Stakeholders commented 
that for cooking products, they recommend DOE use the simmer portion of 
the test in the current appendix I1 before making a determination of 
noncompliance with respect to a basic conventional cooking top model. 
(Joint Stakeholders, No. 17 at p. 2)
    As AHAM noted, cooking products did not fall within the scope of 
products covered in the September 2023 CCE NOPR. (AHAM, No. 16 at p. 8) 
As such, DOE has neither proposed certification or enforcement 
provisions for conventional cooking products in the September 2023 CCE 
NOPR, nor has it considered adopting reporting requirements for 
conventional cooking products as part of this rulemaking. DOE has also 
not finalized any determination regarding AHAM's petition for use of 
the calculation approach. DOE may consider proposals to adopt 
certification and reporting requirements for conventional cooking 
products under a separate rulemaking.
    Additionally, AHAM recommended that DOE should establish 
requirements for clothes dryers similar to the RCW amendments proposed 
in the September 2023 CCE NOPR, along with test procedure requirements 
related to the test cloth, which AHAM stated it would suggest to DOE in 
the near future. (AHAM, No. 16 at p. 4)
    Similarly, DOE did not propose certification or enforcement 
provisions

[[Page 82008]]

for clothes dryers in the September 2023 CCE NOPR. DOE has also not 
considered any amendments to its reporting requirements or test 
procedures for residential clothes dryers as part of this rulemaking. 
DOE may consider proposals to amend the certification and reporting 
requirements for residential clothes dryers in a separate rulemaking. 
DOE may also consider proposals to amend the test procedure 
requirements related to the test cloth in a separate rulemaking.
    For consumer water heaters, Rheem requested that DOE amend the 
provisions at 10 CFR 429.70(g)(3)(ii) to require that electric 
instantaneous water heaters make representations of an untested basic 
model's first hour rating (``FHR'') or maximum GPM rating (``Max GPM'') 
through testing of the untested basic model that meets the sampling 
provisions at 10 CFR 429.11. Rheem noted that while the FHR of an 
electric storage water heater may vary little in response to the input 
rate, due to the large effect of the already hot water within the 
storage tank, the Max GPM will vary greatly with input rate. Rheem 
commented that a higher Max GPM is more desirable to a consumer, 
creating an incentive to use the alternative certification provisions 
to make unrepresentative Max GPM claims. (Rheem, No. 15 at pp. 7-8)
    Again, DOE did not propose certification or enforcement provisions 
for consumer water heaters in the September 2023 CCE NOPR. DOE has also 
not considered any amendments to its reporting requirements for 
consumer water heaters as part of this rulemaking. DOE may consider 
proposals to amend the certification and reporting requirements for 
consumer water heaters in a separate rulemaking.

B. Central Air Conditioners and Heat Pumps

    DOE is amending the certification reporting requirements for CAC/
HPs. A central air conditioner or central air conditioning heat pump 
means a product, other than a packaged terminal air conditioner or 
packaged terminal heat pump, which is powered by single phase electric 
current, air cooled, rated below 65,000 Btu/h, not contained within the 
same cabinet as a furnace, the rated capacity of which is above 225,000 
Btu/h, and is a heat pump or a cooling unit only. A central air 
conditioner or central air conditioning heat pump may consist of: a 
single-package unit; an outdoor unit and one or more indoor units; an 
indoor unit only; or an outdoor unit with no match. In the case of an 
indoor unit only or an outdoor unit with no match, the unit must be 
tested and rated as a system (combination of both an indoor and an 
outdoor unit). 10 CFR 430.2.
    On October 25, 2022, DOE published a final rule (``October 2022 
CAC/HP Final Rule'') in which DOE amended the test procedure provisions 
for CAC/HPs. 87 FR 64550. Consistent with that final rule, DOE is 
amending the reporting requirements.
1. Reporting
    Under the existing requirements in 10 CFR 429.16, manufacturers of 
CAC/HPs must report a variety of values and information, including 
seasonal energy efficiency ratio 2 (``SEER2'') in Btu/W-h, average off 
mode power consumption, cooling capacity in Btu/h, and heating seasonal 
performance factor 2 (``HSPF2'') in Btu/W-h. 10 CFR 429.16(e)(2) For a 
complete list of existing certification reporting requirements, see 10 
CFR 429.16(e). These requirements provide for certifying compliance 
with the current standards applicable to CAC/HP equipment manufactured 
on or after January 1, 2023. 10 CFR 430.32(c). DOE is updating these 
requirements to align the reporting requirements with the appendix M1 
test procedure and adopt general certification requirements for CAC/
HPs. 88 FR 67458, 67464. DOE discusses these updates in the following 
sections.
a. Variable Speed Coil-Only Rating Based on Non-Communicating or 
Communicating Control
    In the October 2022 CAC/HP Final Rule, DOE defined a 
``communicating variable-speed coil-only central air conditioner or 
heat pump'' as a variable-speed compressor system having a coil-only 
indoor unit that is installed with a control system that (a) 
communicates the difference in space temperature and space setpoint 
temperature (not a setpoint value inferred from on/off thermostat 
signals) to the control that sets compressor speed; (b) provides a 
signal to the indoor fan to set fan speed appropriate for compressor 
staging and air volume rate; and (c) has installation instructions 
indicating that the required control system meeting both (a) and (b) 
must be installed. 87 FR 64550, 64560.
    DOE defined a ``variable-speed non-communicating coil-only central 
air conditioner or heat pump'' as a variable-speed compressor system 
having a coil-only indoor unit that does not meet the definition of 
variable-speed communicating coil-only central air conditioner or heat 
pump. Id.
    In the October 2022 CAC/HP Final Rule, DOE elaborated that 
variable-speed coil-only systems that meet the ``communicating'' 
definition should be tested like any other variable-speed system, 
except that the heating full-load air volume rate should be equal to 
the cooling full-load air volume rate and the intermediate and minimum 
cooling and heating air volume rates should all be higher than (1) the 
rate specified by the installation instructions included with the unit 
by the manufacturer, and (2) 75 percent of the full-load cooling air 
volume rate. Id.
    Because this aspect of the basic model's operating characteristics 
determines the way it must be tested, manufacturers need to certify 
whether a variable speed coil-only rating is based on non-communicating 
or communicating control. Therefore, in the September 2023 CCE NOPR, 
DOE proposed to include this requirement in the certification template 
and requested comment on its proposal. 88 FR 67458, 67465.
    AHRI and Carrier commented supporting DOE's proposal to require 
reporting of whether a variable speed coil-only rating is based on non-
communicating or communicating control. (AHRI, No. 18 at p. 7; Carrier, 
No. 12 at p. 2)
    ASAP et al. commented that in the October 2022 CAC/HP Final Rule, 
DOE defined variable-speed communicating coil-only central air 
conditioner or heat pump and variable-speed non-communicating coil-only 
central air conditioner or heat pump but the terms used in the 
September 2023 CCE NOPR--``non-communicating control'' and 
``communicating control''--are not precisely defined. ASAP et al. 
recommended that DOE align the certification language and the 
certification template with existing language and recommended to 
rephrase ``whether the represented value meets the definition of 
variable speed non-communicating coil-only.'' (ASAP et al., No. 14 at 
p. 4)
    In response to the comment by ASAP et al., DOE notes that ``non-
communication control'' and ``communicating control'' are defined 
within the definitions of ``variable-speed communicating coil-only 
central air conditioner or heat pump'' and ``variable-speed non-
communicating coil-only central air conditioner or heat pump,'' 
respectively, as finalized in the October 2022 CAC TP Final Rule, at 
section 1.2 of appendix M1. However, to better align with these 
definitions, DOE is slightly modifying the proposed reporting 
requirement to state, ``whether the represented value is based on a 
non-communicating or communicating control system.''

[[Page 82009]]

    For the reasons discussed in the preceding paragraphs and the 
September 2023 CCE NOPR, DOE is adopting reporting requirements for 
reporting of whether a variable speed coil-only rating is based on a 
non-communicating or communicating control system with the additional 
clarification of adding the word ``system.''
b. Air Volume Rate Changing With Outdoor Conditions
    In the October 2022 CAC/HP Final Rule, DOE explained that 
requirements for setting air volume rate in section 3.1.4 of appendix 
M1 may conflict with instructions to use air volume rates that 
represent a ``normal installation'' in section 3.2, particularly for 
modern blower-coil systems with multiple-speed or variable-speed indoor 
fans and control systems, which may change air volume rate in response 
to operating conditions such as outdoor air temperature. 87 FR 64550, 
64569. To address this issue, in the October 2022 CAC/HP Final Rule, 
DOE explicitly stated in step 7 of sections 3.1.4.1.1.a, 3.1.4.2.a, and 
3.1.4.3.a of appendix M1 that, for blower-coil systems in which the 
indoor blower capacity modulation correlates with outdoor dry bulb 
temperature or sensible-to-total cooling capacity ratio, use an air 
volume rate that represents a normal operation. Id. Also, DOE indicated 
that to ensure consistency of testing, it may be necessary for 
manufacturers to certify whether the system varies blower speeds with 
outdoor air conditions. Id. For these reasons, in the September 2023 
CCE NOPR, DOE proposed that manufacturers include in their 
certification whether the system varies blower speeds with outdoor air 
conditions and requested comment on its proposal. 88 FR 67458, 67465.
    Carrier stated its support for DOE's proposal to require reporting 
of whether a CAC/HP system varies blower speeds with outdoor air 
conditions. However, Carrier commented that responses should be 
required for blower coil systems only, and the default response should 
be ``No.'' (Carrier, No. 12 at p. 2)
    AHRI commented in support of DOE's proposal to require reporting of 
whether a CAC/HP system varies blower speeds with outdoor air 
conditions. AHRI commented the proposed new column, ``Does the System 
Vary Blower Speeds with Outdoor Air Conditions?'' is appropriate. AHRI 
additionally recommended that a response must be required for blower 
coil systems only, and only if applicable, with a blank field 
permissible for all other systems and a default of ``No.'' (AHRI, No. 
18 at p. 7)
    DOE would like to clarify that DOE intended in its proposal that 
manufacturers would fill in the proposed new column to report whether 
their CAC/HP system varies blower speeds with outdoor air conditions 
only if they report that their unit is a blower coil system, as 
indicated in the draft certification template columns published along 
with the September 2023 CCE NOPR in the docket for this rulemaking. 
This approach is consistent with the recommendations from commenters.
    For the reason discussed in the preceding paragraph and the 
September 2023 CCE NOPR, DOE is adopting reporting requirements for 
reporting of whether a CAC/HP blower coil system varies blower speeds 
with outdoor air conditions.
c. Sampling Corrections
    Currently, DOE's sampling provisions for CAC/HPs state that any 
represented value of power consumption or other measure of consumption 
of a basic model for which consumers would favor lower values shall be 
greater than or equal to the higher of the mean of the sample, or the 
upper 90 percent confidence limit of the true mean (``UCL'') divided by 
1.05. 10 CFR 429.16(b)(3)(i). Additionally, the sampling provisions 
state that any represented value of the energy efficiency, cooling 
capacity, heating capacity or other measure of energy consumption for 
which consumers would favor higher values shall be less than or equal 
to the lower of the mean of the sample, or the lower 90 percent 
confidence limit of the true mean (``LCL'') divided by 0.95. 10 CFR 
429.16(b)(3)(ii)-(iii). The sampling provisions also state that the UCL 
and LCL should be calculated using the Student's t-Distribution Values 
for a 90 percent one-tailed confidence interval with n-1 degrees of 
freedom from appendix D to subpart B of part 429 (``appendix D''), 
where ``n'' is the number of samples. 10 CFR 429.16(b)(3)(i)-(iii). 
However, the appendix containing Student's t-Distribution Values has 
moved to appendix A to subpart B of part 429 (``appendix A'') and is no 
longer located at appendix D.\8\ To correct this discrepancy, in the 
September 2023 CCE NOPR, DOE proposed to revise 10 CFR 429.16(b)(3)(i)-
(iii) to specify that the UCL and LCL should be calculated using the 
Student's t-Distribution Values for a 90 percent one-tailed confidence 
interval outlined in appendix A. 88 FR 67458, 67465. DOE requested 
comment on its proposal. Id.
---------------------------------------------------------------------------

    \8\ Appendix D now contains the sampling plan for enforcement 
testing of Uninterruptible Power Supplies.
---------------------------------------------------------------------------

    Carrier commented in support of DOE's proposal to correct the 
sampling provisions for CAC/HPs to reference appendix A instead of 
appendix D. (Carrier, No. 12 at p. 2)
    AHRI also commented in support of DOE's proposal to correct the 
sampling provisions for CAC/HPs to reference appendix A instead of 
appendix D, but only under the condition this is a reference change. 
(AHRI, No. 18 at p. 7)
    For the reasons discussed in the preceding paragraphs and the 
September 2023 CCE NOPR, DOE is adopting the corrections to sampling 
provisions as proposed in the September 2023 CCE NOPR. This change 
updates the reference as described, but does not change the 
calculations.
2. Reporting Costs and Impacts
    As discussed, in the September 2023 CCE NOPR, DOE proposed aligning 
CAC/HP certification reporting requirements with the current test 
procedure for CAC/HP in appendix M1, which was most recently amended by 
the October 2022 CAC/HP Final Rule. 88 FR 67458, 67465. The proposed 
certification requirements in the September 2023 CCE NOPR specifically 
addressed new provisions in this amended version of the appendix M1 
test procedure, use of which was required beginning on April 24, 2023. 
Id.
    In the September 2023 CCE NOPR, DOE tentatively determined that the 
proposed amendments to the certification requirements would not impose 
additional costs for manufacturers because manufacturers of CAC/HPs are 
already submitting certification reports to DOE and should have readily 
available the information that DOE proposed to collect as part of that 
rulemaking. DOE stated that it did not believe the revised reporting 
requirements would cause any appreciable change in reporting burden or 
hours as compared to what CAC/HP manufacturers are currently doing 
today. Id.
    AHRI commented that if DOE adopted its recommendations regarding 
CAC/HPs, AHRI would not expect significant additional burden or cost 
for manufacturers associated with the amendments proposed for CAC/HPs. 
AHRI noted that implementing amendments to templates does come at a 
cost and burden to third-party certification bodies that AHRI willingly

[[Page 82010]]

bears for the benefit of manufacturers, regulators, and users. AHRI 
commented it would appreciate a more streamlined and predictable 
process. (AHRI, No. 18 at p. 7)
    AHRI did not provide any data indicating increased costs to 
manufacturers related to reporting. The reporting requirements for CAC/
HPs would be accomplished using the existing online data templates in 
DOE's CCMS, which DOE does not expect to be any more burdensome than 
reporting under the existing template. Based on the preceding 
discussion and the discussion in the September 2023 CCE NOPR, DOE makes 
a final determination that these amendments would not cause any 
measurable change in reporting burden or hours for CAC/HP manufacturers 
as compared to what they are currently doing today.
    For the reasons discussed in the prior paragraphs and in the 
September 2023 CCE NOPR, in this final rule DOE is adopting the 
reporting requirements for CAC/HPs as proposed, with the additional 
clarification of adding the word ``system'' to the requirement to 
report whether a variable speed coil-only rating is based on a non-
communicating or communicating control system. Compliance with these 
amended reporting requirements is not required until the next annual 
certification report filing date on or after 210 days after publication 
of this final rule.

C. Dishwashers

    DOE is amending the certification reporting requirements for DWs, 
which are cabinet-like appliances which, with the aid of water and 
detergent, wash, rinse, and dry (when a drying process is included) 
dishware, glassware, eating utensils, and most cooking utensils by 
chemical, mechanical and/or electrical means and discharge to the 
plumbing drainage system. 10 CFR 430.2. In the DWs test procedure final 
rule published on January 18, 2023 (``January 2023 DW Final Rule''), 
DOE amended the existing DWs test procedure at appendix C1 and 
established a new test procedure at appendix C2, which would be 
required at the time compliance is required with any amended energy and 
water conservation standards. 88 FR 3234. Consistent with that final 
rule, DOE is amending the reporting requirements.
1. Reporting
    Under the existing requirements in 10 CFR 429.19, manufacturers 
must report the following public product-specific information: the 
estimated annual energy use in kilowatt hours (``kWh'') per year 
(``kWh/yr''), the water consumption in gallons per cycle, and the 
capacity in number of place settings as specified in ANSI/AHAM DW-1-
2010.\9\ 10 CFR 429.19(b)(2). Manufacturers must additionally report 
the following product-specific information: the presence of a soil 
sensor (and if present, the number of cycles required to reach 
calibration); water inlet temperature used for testing in degrees 
Fahrenheit (``[deg] F''); cycle selected for the energy test and 
whether that cycle is soil-sensing; the options selected for the energy 
test; the presence of a built-in water softening system (and if 
present, the energy use in kWh and the water use in gallons required 
for each regeneration of the water softening system, the number of 
regeneration cycles per year, and data and calculations used to derive 
these values); and an indication of whether Cascade Complete Powder or 
Cascade with the Grease Fighting Power of Dawn was used as the 
detergent formulation. 10 CFR 429.19(b)(3). These requirements are 
applicable for any DW distributed in the United States on or after May 
30, 2013. Additionally, when certifying dishwashers other than water 
re-use dishwashers, the following requirements are applicable: (A) 
Before July 17, 2023, Cascade Complete Powder detergent may be used as 
the basis for certification in conjunction with the detergent dosing 
methods specified in either section 2.5.2.1.1 or section 2.5.2.1.2 of 
appendix C1. Cascade with the Grease Fighting Power of Dawn detergent 
may be used as the basis for certification only in conjunction with the 
detergent dosing specified in section 2.5.2.1.1 of appendix C1. (B) 
Beginning July 17, 2023, Cascade Complete Powder detergent may be used 
as the basis for certification of newly certified basic models only in 
conjunction with the detergent dosing method specified in section 
2.5.2.1.2 of appendix C1. Cascade with the Grease Fighting Power of 
Dawn detergent may be used as the basis for certification only in 
conjunction with the detergent dosing specified in section 2.5.2.1.1 of 
appendix C1. Manufacturers may maintain existing basic model 
certifications made prior to July 17, 2023, consistent with the 
provisions of paragraph 10 CFR 429.19(b)(3)(vi)(A) and (B).
---------------------------------------------------------------------------

    \9\ American National Standards Institute/Association of Home 
Appliance Manufacturers DW-1-2010: Household Electric Dishwasher.
---------------------------------------------------------------------------

    DOE is updating the dishwasher certification reporting requirements 
and aligning the reporting requirements with the amended test procedure 
at appendix C1 and the new test procedure at appendix C2. Use of 
appendix C2 is required when determining compliance with the amended 
energy and water conservation standards adopted in a direct final rule 
published in the Federal Register on April 24, 2024. 89 FR 31398. 
Accordingly, the certification reporting requirements that are specific 
to appendix C2 are required to demonstrate compliance with those 
amended energy and water conservation standards. DOE discusses the 
updates in the following sections.
a. Update to the AHAM Industry Standard
    The current reporting requirements at 10 CFR 429.19(b)(2) reference 
the industry standard, ANSI/AHAM DW-1-2010 \10\ to the capacity of a 
dishwasher in number of place settings. In the September 2023 CCE NOPR, 
DOE proposed to exclude this reference in the dishwasher reporting 
requirements at 10 CFR 429.19 because this industry standard is now 
obsolete. 88 FR 67458, 67466. Additionally, the reference to the 
definition of place settings only includes the items in the test load 
that comprise a single place setting; it does not define the capacity 
of a dishwasher itself, which is the metric that needs to be reported 
for dishwashers at 10 CFR 429.19(b)(2). DOE also proposed to remove 
ANSI/AHAM DW-1-2010 from its list of materials incorporated by 
reference at 10 CFR 429.4 because this standard would no longer be 
referenced anywhere in 10 CFR part 429 after the proposed removal of 
this reference from 10 CFR 429.19. Id. DOE requested comment on its 
proposal to remove this reference in the dishwasher reporting 
requirements. Id.
---------------------------------------------------------------------------

    \10\ Household Electric Dishwashers. ANSI/AHAM DW-1-2010. ANSI 
approved Sept. 18, 2010.
---------------------------------------------------------------------------

    ASAP et al. commented that it was appropriate for DOE to remove the 
reference to the now obsolete ANSI/AHAM DW-1-2010 standard from the 
reporting requirements for dishwashers. ASAP et al. noted that the 
capacity in number of place settings remains a reporting requirement, 
however, ``place settings'' is not defined in either 10 CFR 429.19 or 
appendices C1 or C2 (or references therein). ASAP et al. recommended 
that DOE should ensure that ``place settings'' is defined in the CFR. 
ASAP et al. additionally noted that ``kilowatt hours'' was not 
consistently hyphenated or not hyphenated in 10 CFR 429.19. (ASAP et 
al., No. 14 at p. 4)
    DOE notes that section 2.3 of appendix C1 and section 2.4 of 
appendix C2 specify the test load items

[[Page 82011]]

through reference to section 2.7.1 of AHAM DW-1-2020,\11\ which 
additionally references section 3.4 of AHAM DW-2-2020 \12\ that 
specifies the items included in a place setting. As such, given this 
reference to ``place settings'' in appendix C1 and appendix C2, DOE is 
not making any changes to the reporting requirements at 10 CFR 429.19 
to include a definition for place settings.
---------------------------------------------------------------------------

    \11\ Uniform Test Method for Measuring the Energy Consumption of 
Dishwashers. AHAM DW-1-2020.
    \12\ Household Electric Dishwashers. AHAM DW-2-2020.
---------------------------------------------------------------------------

    Additionally, in response to the comment from ASAP et al. noting 
that ``kilowatt hours'' was not consistently hyphenated or not 
hyphenated, DOE is updating the amended requirements in 10 CFR 
429.19(b)(3)(v) to remove the hyphen from ``kilowatt-hours.''
    For the reasons discussed in the preceding paragraphs and September 
2023 CCE NOPR, DOE is adopting the proposal to remove ANSI/AHAM DW-1-
2010 from the referenced industry standard in 10 CFR 429.19(b)(2) and 
the list of materials incorporated by reference at 10 CFR 429.4. DOE is 
also making minor corrections to remove the hyphen from ``kilowatt-
hours.''
b. Cycle Selected for Energy Test
    In the January 2023 DW Final Rule, DOE established a new appendix 
C2 that specifies, in part, a minimum cleaning index threshold as a 
condition for a valid test cycle. 88 FR 3234. If the normal cycle at 
any soil level (i.e., heavy, medium, or light) does not meet the 
specified cleaning index threshold, the unit is tested at the most 
energy-intensive cycle that can achieve a cleaning index threshold of 
70. 88 FR 3234, 3237. To ensure that the certification template is 
consistent with the tested cycle requirements specified in appendix C2, 
DOE proposed in the September 2023 CCE NOPR to include the following 
additional confidential reporting requirement at 10 CFR 
429.19(b)(3)(iii): the cycle selected for the energy test at the heavy, 
medium, and light soil loads and whether these cycles are soil-sensing. 
88 FR 67458, 67466. Further, DOE proposed to include the following 
additional confidential reporting requirement at 10 CFR 
429.19(b)(3)(iv): the options selected for the energy test at the 
heavy, medium, and light soil loads. Id. These reporting requirements 
would be required only at such time as use of appendix C2 is required 
to demonstrate compliance with any future amended energy and water 
conservation standards. Id. DOE requested comment on its proposal. Id.
    The CA IOUs recommended that DOE make cycle setting information for 
dishwashers publicly available. (CA IOUs, No. 8 at p. 2) The CA IOUs 
stated that understanding the cycle setting would aid the public in 
comparing dishwashers based on the mode of operation used for the 
energy-efficiency results reported to DOE, allowing consumers to attain 
similar savings. (Id.) The CA IOUs stated that if DOE deems the cycle 
setting information to be confidential, DOE must at the very least 
disclose whether the test was conducted using the normal cycle or 
energy-intensive cycle. The CA IOUs commented that this information 
could be an automatic output from the cycle setting information that 
DOE proposes to collect confidentially. (Id.)
    The test procedure at appendix C2 specifies a minimum cleaning 
index threshold of 70 as a condition of a valid test cycle. If the 
normal cycle does not meet this threshold value at any soil load, then 
appendix C2 specifies that that soil load must be tested on the most 
energy-intensive cycle. 10 CFR part 430, appendix C2, section 4.1(c). 
As such, for any dishwasher that is manufactured after April 23, 2027, 
the compliance date of amended standards, the rated values of energy 
and water consumption would be reflective of the cycle type at which 
the unit met the minimum cleaning index threshold. For example, if a 
unit does not achieve the cleaning index threshold on the normal cycle 
and was rated at the most energy-intensive cycle, from the consumer's 
perspective, such a dishwasher would consume the maximum amount of 
energy, reflective of its rated value, or less energy if consumers 
choose any other cycle. Similarly, if a dishwasher achieves the 
cleaning index threshold on the normal cycle, from the consumer's 
perspective such a dishwasher would be expected to deliver the desired 
cleaning performance at the cycle recommended for daily, typical, or 
regular use. For these reasons, DOE is not requiring public reporting 
of the cycle setting information for dishwashers.
    The CA IOUs commented requesting DOE to require the certification 
reports for dishwashers to include the total water heating energy 
consumption publicly so consumers can make informed purchasing 
decisions based on their water heater type. The CA IOUs stated that 
different water heater recovery efficiencies are used when calculating 
a consumer dishwasher's estimated annual operating costs, but they are 
not used to calculate annual energy use, which instead relies on the 
assumption that the dishwasher is operating with an electric resistance 
water heater. The CA IOUs provided data comparing energy and water use 
of dishwashers with an electric resistance water heater and heat pump 
water heater and commented that the dishwasher test procedure in 
appendix C2 does not accurately estimate the water energy, total 
energy, and product rank order for consumers who own a heat pump water 
heater. The CA IOUs recommended that DOE require manufacturers to 
publicly report the total water heating energy consumption value, which 
would allow consumers and consumer product research organizations to 
analyze a dishwasher's potential annual energy use when paired with 
different water heating systems and which can be accessed from test 
reports without significantly increasing testing or reporting burden. 
The CA IOUs commented that this information would assist consumers in 
determining the most efficient dishwasher for their water heating 
system. (CA IOUs, No. 8 at pp. 2-4)
    In response, DOE notes that the estimated annual energy use is 
calculated assuming that the dishwasher is operating with an electric 
resistance water heater because the current standards for dishwashers 
were developed using dishwasher energy consumption only with electric 
resistance water heaters. From the data presented by the CA IOUs, DOE 
notes that while the water heater efficiency impacts water heating 
energy consumption, and, therefore, overall machine energy consumption, 
it is just one of the aspects that contributes to water heating energy 
consumption. The water heating energy consumption for a given 
installation depends on the overall water consumption of the 
dishwasher, whether the dishwasher is connected to hot or cold water, 
the water heater type, and the hot water temperature setting. Of these, 
water consumption of dishwashers is already a reported value (in 
gallons per cycle). Consumers making decisions based on water heating 
energy consumption can do so based on these factors by choosing to 
calculate water heating energy consumption based on the dishwasher test 
procedure at appendix C1 and appendix C2 via reference to AHAM DW-1-
2020.
    Therefore, even if reporting water heating energy consumption would 
not increase testing or reporting burden, DOE does not believe 
reporting this metric is required because it is directly related to the 
already reported value of water consumption. Accordingly, DOE is not 
including the requirement to

[[Page 82012]]

report water heating energy consumption at this time.
    For the reasons discussed in the preceding paragraphs and the 
September 2023 CCE NOPR, DOE is adopting these amendments as proposed 
in the September 2023 CCE NOPR.
c. Cleaning Index
    As noted previously, the January 2023 DW Final Rule established a 
new appendix C2 that specifies a minimum cleaning index threshold as a 
condition for a valid test cycle. 88 FR 3234. Specifically, the January 
2023 DW Final Rule states that each tested cycle on each individual 
unit is required to achieve the applicable cleaning index threshold to 
constitute a valid test cycle. 88 FR 3234, 3265-3266. To ensure that 
the reported test cycle is a valid test cycle that meets the specified 
applicable cleaning index threshold, DOE proposed to add a confidential 
reporting requirement for the cleaning index of the sensor heavy 
response, sensor medium response, and sensor light response test cycles 
in the September 2023 CCE NOPR. 88 FR 67458, 67467. DOE additionally 
proposed that the reported cleaning index for each basic model must be 
the average cleaning index of the individual test units at each soil 
level. Id. This reporting requirement would be required only at such 
time as use of appendix C2 is required to demonstrate compliance with 
any future amended energy and water conservation standards. Id. DOE 
requested comment on its proposals. Id.
    During the NOPR public meeting, AHAM noted that the dishwasher test 
procedure at appendix C2 requires a cleaning index threshold of 70 at 
each soil load for a valid test. AHAM stated that it would like to 
understand DOE's reasoning to require reporting of an average cleaning 
score rather than a yes/no question of whether the unit met the 
threshold. (AHAM, Public Meeting Transcript, No. 6 at pp. 12-13) In 
written comments, AHAM commented that it opposes DOE's proposed 
requirement to report average cleaning index scores, as this 
information has no practical utility in the context of currently 
applicable dishwasher standards and test procedures and exceeds typical 
test procedure reporting requirements. (AHAM, No. 9 at p. 2; AHAM, No. 
16 at p. 2) AHAM commented that the January 2023 DW Final Rule stated 
that each tested cycle on each individual unit is required to achieve 
the applicable cleaning index threshold to constitute a valid test 
cycle, while in the September 2023 CCE NOPR, DOE proposes a 
confidential reporting requirement for the cleaning index of the sensor 
heavy response, sensor medium response, and sensor light response test 
cycles. AHAM commented that the test procedure at appendix C2 would 
require a cleaning index score of over 70 for a test cycle to be valid, 
and questioned why DOE would need to record specific test scores from 
manufacturers since any score greater than or equal to 70 is acceptable 
to have a valid test and the actual score is inconsequential. AHAM 
stated that the test procedure does not require reporting of the 
average cleaning score, so DOE's proposed requirement has no relation 
to determining whether the performance threshold has been met. AHAM 
commented that DOE does not collect data in many valid tests and cited 
the example of refrigerator manufacturers not needing to report ambient 
temperatures and clothes dryer manufacturers not reporting the final 
remaining moisture content despite the test requirement that a final 
remaining moisture content of 2 percent or below be achieved for a 
valid test. AHAM commented that manufacturers need only ensure that 
they meet the test procedure's 2 percent requirement. AHAM commented 
that if DOE wants individual scores for future consideration of amended 
energy conservation standards for dishwashers, DOE is obligated to 
collect such data as would be needed for those standards within the 
scope of such a rulemaking, or through a request to AHAM or its 
members, but not in the scope of the September 2023 CCE NOPR. AHAM 
commented that the cleaning index scores do not have practical utility 
in the context of currently applicable standards and test procedures 
because they are unnecessary to demonstrate compliance with standards; 
instead, having a cleaning index score meeting the minimum threshold is 
required for a valid test. (AHAM, No. 16 at pp. 2-3)
    As stated, appendix C2 requires a cleaning index greater than or 
equal to 70 to have a valid test cycle. If the normal cycle at any soil 
level (i.e., heavy, medium, or light) does not meet the specified 
cleaning index threshold, the unit is tested at the most energy-
intensive cycle that can achieve a cleaning index threshold of 70. DOE 
notes that the test procedure at appendix C2 does not require reporting 
of the average cleaning index because: (a) the test procedure does not 
specify any reporting requirements, and (b) the test procedure 
specifies testing instructions for a single test unit.
    Further, DOE has determined that reporting of the tested cleaning 
index is appropriate to ensure correct application of the test 
procedure requirements because it would ensure that manufacturers are 
recording the appropriate data when testing and reporting consistent 
with the appendix C2 requirements (i.e., a cleaning index greater than 
or equal to 70). DOE has determined that this reporting would better 
ensure the appropriate application of appendix C2 and the sampling 
requirements as compared to a yes/no field. Manufacturers would be 
required to measure and report the cleaning index as part of any 
appendix C2 testing.
    In regard to AHAM's comment that DOE must collect this information 
in a test procedure or standards rulemaking process, DOE explained in 
section III.A.3 of this document that it has the authority to require 
manufacturers to submit information that would be necessary to 
establish test procedures or standards. As stated, reporting of the 
cleaning index threshold would ensure that the test procedure at 
appendix C2 is conducted correctly for the purposes of certifying 
performance, particularly as it pertains to ensuring that the tested 
and reported cycle meets the cleaning index threshold specified in 
appendix C2. DOE does not expect this reporting requirement to be 
unduly burdensome because the cleaning index will be calculated and 
recorded for each tested cycle as part of conducting the test under 
appendix C2.
    For the reasons discussed in the preceding paragraphs and the 
September 2023 NOPR, DOE is adopting the confidential reporting 
requirement for the cleaning index of the sensor heavy response, sensor 
medium response, and sensor light response test cycles when testing 
according to appendix C2 as proposed in the September 2023 CCE NOPR. 
Additionally, as proposed in the September 2023 NOPR, DOE is specifying 
that the reported cleaning index for each basic model much be the 
average cleaning index of the individual test units at each soil level.
d. Water Re-Use System Dishwashers
    On November 1, 2013, DOE published a Decision and Order granting 
Whirlpool a test procedure waiver (``Whirlpool waiver'') for testing 
specified basic models equipped with a ``water use system,'' in which 
water from the final rinse cycle is stored for use in the subsequent 
cycle, with periodic draining (``drain out'') and cleaning (``clean 
out'') events. 78 FR

[[Page 82013]]

65629, 65629-65630. (Case No. DW-11).\13\
---------------------------------------------------------------------------

    \13\ All materials regarding the Whirlpool waiver are available 
in docket EERE-2013-BT-WAV-0042 at www.regulations.gov.
---------------------------------------------------------------------------

    In the January 2023 DW Final Rule, DOE amended appendix C1 to 
include the requirements from the Whirlpool waiver for testing water 
re-use system DWs via reference to the industry standard, AHAM DW-1-
2020, with some modifications to the equations in sections 5.6.1.3, 
5.6.1.4, 5.6.2.3, and 5.6.2.4 of AHAM DW-1-2020. DOE also adopted these 
requirements in the new appendix C2. 88 FR 3234, 3249.
    Accordingly, in the September 2023 CCE NOPR, DOE proposed to amend 
the reporting requirements at 10 CFR 429.19(b)(3) to include reporting 
of energy and water use associated with drain out and clean out events, 
consistent with the information required to be reported by Whirlpool as 
part of the waiver. 88 FR 67458, 67467. These reported values would be 
used in equations to account for the extra water and energy associated 
with water re-use systems. Specifically, DOE proposed that the 
additional machine electrical energy consumption required for a drain 
out event and clean out event--expressed in kWh--and the additional 
water consumption required for drain out and clean out events during a 
drain out cycle--expressed in gallons per cycle (``gal/cycle'')--be 
reported confidentially. Id. DOE requested comment on these proposals. 
Id.
    The CA IOUs commented that DOE should make publicly available the 
energy and water use from drain-out and clean-out events. The CA IOUs 
stated that understanding the energy and water consumption from drain 
out and clean out events would help stakeholders identify efficiency 
improvements and allow consumers to understand types of dishwasher use 
that would change their product's expected water and energy 
consumption. (CA IOUs, No. 8 at p. 2)
    In response, DOE notes that it is not requiring that the energy and 
water use from drain-out and clean-out events be reported publicly 
because these metrics would not add any value to a consumer's decision-
making, as the reported energy and a water use of water re-use system 
dishwasher would already include the energy and water use associated 
with a drain out or clean out event and, thus, not change a 
dishwasher's expected water and energy consumption compared to the 
rated values.
    AHAM opposed DOE's proposal to amend the reporting requirements at 
10 CFR 429.19(b)(3) to include reporting of energy and water use 
associated with drain out and clean out events. (AHAM, No. 9 at p. 2; 
AHAM, No. 16 at p. 3) AHAM commented that it opposed this proposal 
because these values are not necessary to demonstrate compliance with 
standards. AHAM commented that the energy and water use of a product is 
captured in the final test result, and this proposed additional 
requirement places an unnecessary reporting burden on manufacturers 
without a corresponding benefit. AHAM commented that the reporting of 
energy and water use associated with drain out and clean out events 
does not have practical utility and the burden is not justified by the 
usefulness of the data as is required by PRA. (AHAM, No. 16 at pp. 3-4)
    DOE previously determined that the energy and water use associated 
with drain out or clean out events are needed to provide a 
representative measure of the energy and water use of dishwashers with 
water re-use systems (see Whirlpool waiver).\14\ DOE notes that the 
impact of a water re-use system during normal use is captured in the 
DOE test procedure (both appendix C1 and appendix C2), but drain out 
and clean out events require separate consideration as they are not 
necessarily captured during the sequence of test cycles conducted as 
part of the DOE test procedure. DOE proposed this requirement because 
these values are necessary to determine the final machine energy 
consumption and water consumption if DOE were to conduct an enforcement 
test. As such, DOE's proposal to confidentially report the energy and 
water use associated with a drain out or clean out event for water re-
use dishwashers is similar to the reporting requirements for any other 
information that DOE would require to conduct a test (e.g., the energy 
and water use associated with each regeneration of the water softening 
system for dishwashers with built-in water softening systems).
---------------------------------------------------------------------------

    \14\ All materials regarding the Whirlpool waiver are available 
in docket EERE-2013-BT-WAV-0042 at www.regulations.gov.
---------------------------------------------------------------------------

    For the reasons discussed, DOE is adopting the additional reporting 
requirements for water re-use system dishwashers as proposed in the 
September 2023 CCE NOPR.
e. Dishwashers With Built-In Reservoirs
    DOE published a Decision and Order on December 9, 2020 granting CNA 
International Inc. (``CNA'') a test procedure waiver (``CNA waiver'') 
for a basic model of a compact DW that does not connect to a water 
supply line and instead has a built-in reservoir that must be manually 
filled with water. 85 FR 79171, 79171 and 79173 (Case No. 2020-
008).\15\
---------------------------------------------------------------------------

    \15\ All materials regarding the CNA waiver are available in 
docket EERE-2020-BT-WAV-0024 at www.regulations.gov.
---------------------------------------------------------------------------

    In the January 2023 DW Final Rule, DOE amended appendix C1 to 
include the requirements from the CNA waiver, which was specific to a 
compact DW basic model, to be applicable to a DW of any capacity with a 
manually filled built-in water reservoir. DOE also adopted these 
requirements in the new appendix C2. 88 FR 3234, 3241.
    Accordingly, in the September 2023 CCE NOPR, DOE proposed to amend 
the reporting requirements at 10 CFR 429.19(b)(3) to include reporting 
of the reservoir capacity in gallons, prewash and main wash fill water 
volume in gallons (if testing is performed using appendix C1), and the 
total water consumption in gallons per cycle for DWs with built-in 
reservoirs. 88 FR 67458, 67467. DOE's proposal to report the prewash 
and main wash fill water volumes is only applicable to appendix C1 
because these water volumes are used to determine detergent dosage in 
appendix C1, while the detergent dosage in appendix C2 is dependent on 
the number of place settings. DOE requested comment on its proposed 
reporting requirements for DWs with built-in reservoirs. Id.
    AHAM commented objecting to DOE's proposed requirement for 
dishwashers with built-in reservoirs to include reporting of the 
reservoir capacity and prewash/main wash fill water volume because 
these data points are not needed to demonstrate compliance with 
standards. (AHAM, No. 9 at p. 2; AHAM, No. 16 at p. 4) AHAM commented 
that DOE has not described how the information would have practical 
utility or how the reporting burden would be justified as required by 
PRA. AHAM commented that DOE can request records in the event of an 
enforcement action. (AHAM, No. 16 at p. 4)
    DOE proposed the requirement for dishwashers with built-in 
reservoirs to report the reservoir capacity and prewash and main wash 
fill water volumes because these values are required to determine the 
dishwasher's water consumption and detergent dosage, respectively, if 
DOE were to conduct an enforcement test. As such, DOE's proposal to 
confidentially report the water consumption and prewash and main wash 
fill water volumes is similar to the reporting requirements for

[[Page 82014]]

any other information that DOE would require to conduct a test (e.g., 
the energy and water use associated with each regeneration of the water 
softening system for dishwashers with built-in water softening 
systems). Additionally, DOE does not expect this reporting requirement 
to be unduly burdensome because manufacturers of dishwashers with 
built-in reservoirs would already be determining these values to 
conduct the test procedure. Therefore, DOE is maintaining its proposal 
from the September 2023 CCE NOPR.
    For the reasons discussed, DOE is adopting the amendments as 
proposed in the September 2023 CCE NOPR.
f. Rounding Requirements
    In the September 2023 CCE NOPR, DOE proposed to specify at new 
section 10 CFR 429.19(c) that the represented value of estimated annual 
energy use must be rounded to the nearest kWh/yr and the represented 
value of water consumption must be rounded to one decimal place (i.e., 
the nearest 0.1 gallon per cycle). 88 FR 67458, 67467. DOE noted that 
these rounding requirements were consistent with the existing rounding 
requirements for DWs specified at 10 CFR 430.23(c)(2) and 10 CFR 
430.23(c)(3), respectively and requested comment on the proposed 
rounding requirements. Id.
    DOE did not receive any comments on the proposed rounding 
requirements for DWs. For the reasons discussed, DOE is adopting the 
requirements as proposed in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
    In the September 2023 CCE NOPR, DOE proposed to align the DW 
certification reporting requirements with the amended test procedure at 
appendix C1, use of which was required beginning July 17, 2023, and 
with the newly adopted test procedure at appendix C2, use of which 
would be required at such time as compliance is required with any 
amended energy conservation standards based on appendix C2. 88 FR 
67458, 67467.
    For dishwashers, manufacturers currently report the following: (1) 
the estimated annual energy use in kWh/yr; (2) the water consumption in 
gallons per cycle; (3) the capacity in number of place settings as 
specified in ANSI/AHAM DW-1-2010; (4) the presence of a soil sensor, 
and if present, the number of cycles required to reach calibration; (5) 
the water inlet temperature used for testing in [deg]F; (6) the cycle 
selected for the energy test and whether that cycle is soil-sensing; 
(7) the options selected for the energy test; (8) the presence of a 
built-in water softening system, and if present, the energy use in kWh 
and the water use in gallons required for each regeneration of the 
water softening system, the number of regeneration cycles per year, and 
data and calculations used to derive these values; and (9) indication 
of whether Cascade Complete Powder or Cascade with the Grease Fighting 
Power of Dawn was used as the detergent formulation. 10 CFR 429.19 
(b)(2)-(3). Additionally, when certifying dishwashers, other than water 
re-use dishwashers, according to appendix C1, the following 
requirements are applicable: (A) Before July 17, 2023, Cascade Complete 
Powder detergent may be used as the basis for certification in 
conjunction with the detergent dosing methods specified in either 
section 2.5.2.1.1 or section 2.5.2.1.2 of appendix C1. Cascade with the 
Grease Fighting Power of Dawn detergent may be used as the basis for 
certification only in conjunction with the detergent dosing specified 
in section 2.5.2.1.1 of appendix C1; and (B) Beginning July 17, 2023, 
Cascade Complete Powder detergent may be used as the basis for 
certification of newly certified basic models only in conjunction with 
the detergent dosing method specified in section 2.5.2.1.2 of appendix 
C1. Cascade with the Grease Fighting Power of Dawn detergent may be 
used as the basis for certification only in conjunction with the 
detergent dosing specified in section 2.5.2.1.1 of appendix C1. 
Manufacturers may maintain existing basic model certifications made 
prior to July 17, 2023, consistent with the provisions of paragraph 10 
CFR 429.19(b)(3)(vi)(A)-(B).
    In the September 2023 CCE NOPR, DOE noted that under the proposed 
amendments, manufacturers would additionally report the following: (1) 
the cycles selected for the sensor heavy response, sensor medium 
response, and sensor light response and whether these cycles are soil-
sensing if testing is performed using appendix C2; (2) the options 
selected for the sensor heavy response, sensor medium response, and 
sensor light response if testing is performed using appendix C2; (3) 
the average cleaning index for the sensor heavy response, sensor medium 
response, and sensor light response cycles if testing is performed 
using appendix C2; (4) whether the product is a water re-use system 
dishwasher and if so, the energy use in kWh and water use in gallons 
required for a drain out event, the energy use in kWh and water use in 
gallons required for a clean out event, the number of drain out events 
per year, the number of clean out events per year, the water fill 
volume to calculate detergent dosage in gallons, and data and 
calculations used to derive these values, as applicable; and (5) the 
presence of a built-in reservoir and if present, the manufacturer-
stated reservoir capacity in gallons, the prewash fill water volume in 
gallons and the main wash fill water volume in gallons if testing is 
performed using appendix C1, and the reservoir water consumption in 
gallons per cycle. DOE additionally proposed to add rounding 
requirements for estimated annual energy use and water consumption and 
remove the ANSI/AHAM DW-1-2010 industry standard that is included as a 
reference from 10 CFR 429.4. 88 FR 67458, 67468.
    In the September 2023 CCE NOPR, DOE tentatively determined that the 
proposed amendments would not impose additional costs for manufacturers 
because manufacturers of DWs are already submitting certification 
reports to DOE and should have readily available the information that 
DOE is proposing to collect as part of this rulemaking. Additionally, 
any requirements stemming from the updates to the test procedure were 
accounted for in the January 2023 DW Final Rule. DOE stated that it did 
not believe the revised reporting requirements would cause any 
appreciable change in reporting burden or hours as compared to what DW 
manufacturers are currently doing today. Id.
    DOE did not receive any comments on the certification and reporting 
costs associated with the proposed reporting requirements for DWs. In 
this final rule, DOE makes a final determination that the amendments to 
the reporting requirements for DWs would not cause any measurable 
change in reporting burden or hours for DW manufacturers.
    For the reasons discussed in the prior paragraphs and in the 
September 2023 CCE NOPR, in this final rule DOE is adopting the 
reporting requirements for DWs as proposed. Compliance with the amended 
reporting requirements for appendix C1 is not required until the next 
annual certification report filing date on or after 210 days after 
publication of this final rule. Compliance with the amended reporting 
requirements for appendix C2 is not required until April 23, 2027, the 
compliance date of amended energy conservation standards based on the 
use of appendix C2.

D. Residential Clothes Washers

    DOE is amending the reporting requirements for RCWs, which are a

[[Page 82015]]

consumer product designed to clean clothes, utilizing a water solution 
of soap and/or detergent and mechanical agitation or other movement, 
that must be one of the following classes: automatic clothes washers, 
semi-automatic clothes washers, and other clothes washers. 10 CFR 
430.2. In the RCW test procedure final rule published on June 1, 2022 
(``June 2022 RCW Final Rule''), DOE amended the existing RCW test 
procedure at appendix J2, established a new test procedure at appendix 
J, and removed appendix J1. 87 FR 33316. Additionally, on March 15, 
2024, DOE published in the Federal Register a direct final rule 
adopting amended standards for RCWs based on the new metrics as 
measured using appendix J (``March 2024 RCW DFR''). 89 FR 19026. 
Consistent with the June 2022 RCW Final Rule and the March 2024 RCW 
DFR, DOE is amending the reporting requirements for residential clothes 
washers.
1. Reporting
    Under the existing requirements in 10 CFR 429.20(b)(2)(i), 
manufacturers of RCWs tested in accordance with the test procedure at 
appendix J1 must report the following: modified energy factor 
(``MEF''), capacity, corrected remaining moisture content (``RMC''), 
and integrated water factor (``IWF''). Under the existing requirements 
in 10 CFR 429.20(b)(2)(ii), manufacturers of RCWs tested in accordance 
with the test procedure at appendix J2 must report the following: 
integrated modified energy factor (``IMEF''), IWF, capacity, RMC, and 
type of loading (top-loading or front-loading). Under the existing 
requirements in 10 CFR 429.20(b)(3), all manufacturers of RCWs must 
also report a list of cycle selections comprising the complete energy 
test cycle.
    DOE is updating these requirements and specifying new reporting 
requirements that will apply to the new appendix J test procedure and 
that will be required for certifying compliance with amended standards, 
beginning March 1, 2028. DOE discusses these updates in the following 
sections.
a. Removing Appendix J1
    Appendix J1 was removed from the CFR as part of the June 2022 RCW 
Final Rule. 87 FR 33316, 33365. Therefore, the provisions in 10 CFR 
429.20(b)(2)(i), which specify reporting requirements for RCWs tested 
in accordance with appendix J1, are obsolete. For these reasons, DOE 
proposed to remove these reporting requirements, as well as requested 
comment on the proposed removal of appendix J1 in the September 2023 
CCE NOPR. 88 FR 67458, 67468.
    DOE did not receive any comments on its proposal to remove 
reporting requirements applicable to appendix J1 from 10 CFR 
429.20(b)(2)(i). For the reasons discussed in the preceding paragraph 
and the September 2023 CCE NOPR, DOE is finalizing this update as 
proposed in the September 2023 CCE NOPR.
b. Clothes Container Capacity
    DOE has established separate product classes for RCWs based on 
clothes container capacity, among other characteristics. 10 CFR 
430.32(g)(4). The current test procedure uses the term ``clothes 
container capacity'' to refer to the measured capacity (see section 3.1 
of appendix J2), whereas the current reporting requirements at 10 CFR 
429.20(b)(2) use the term ``capacity.'' To provide greater consistency 
in terminology between the test procedure and the reporting 
requirements, DOE proposed to update the reporting requirement 
terminology from ``capacity'' to ``clothes container capacity'' in the 
September 2023 CCE NOPR. 88 FR 67458, 67468. DOE requested comment on 
its proposed terminology update. Id.
    DOE did not receive any comments on its proposal to update 
reporting requirement terminology to specify ``clothes container 
capacity'' for RCWs. For the reasons discussed in the preceding 
paragraph and the September 2023 CCE NOPR, DOE is adopting this 
amendment as proposed in the September 2023 CCE NOPR.
c. Test Cloth Lot Number
    In the June 2022 RCW Final Rule, DOE implemented new language in 10 
CFR 429.134(c) that provides additional product-specific enforcement 
provisions for clothes washers to accommodate differences in RMC values 
that may result from DOE using a different test cloth lot than was used 
by the manufacturer for testing and certifying the basic model. 87 FR 
33316, 33369-33371. To implement this new enforcement provision, DOE 
proposed to require reporting the test cloth lot number used during 
certification testing in the September 2023 CCE NOPR. 88 FR 67458, 
67469. DOE also proposed that the reported test cloth lot number would 
not be public. Id. DOE requested comment on its proposal to require 
test cloth lot number to be reported. Id.
    AHAM commented in support of DOE's proposal to require reporting of 
test cloth lot number to accommodate differences in RMC values and 
added that the additional enforcement provision addresses AHAM's 
concerns related to the test cloth, including challenges surrounding 
certification and reporting requirements. (AHAM, No. 16 at p. 4)
    The CA IOUs commented that DOE should make data publicly available 
on test cloth lot number for RCWs, asserting that this information 
would allow efficiency advocates, consumer representatives, and 
academia to investigate DOE's test cloth challenges. (CA IOUs, No. 8 at 
p. 2) The CA IOUs commented that disclosure is in the public interest 
to overcome information asymmetries in understanding product energy 
consumption and identifying and supporting test procedure changes that 
better reflect real-world energy use without undue manufacturer burden. 
(Id.)
    In response to the CA IOUs' comment, DOE notes that test cloth lot 
number used for certification would not provide stakeholders with 
appropriate means to understand product energy consumption or to make 
comparisons of energy use across different cloth types. The use of test 
cloth correction factors in the appendix J2 and appendix J test 
procedures is designed specifically to ensure the consistency and 
representativeness of the final energy and water use values 
irrespective of the test cloth lot used. Accordingly, DOE would not 
expect any meaningful inferences to be drawn from an analysis of test 
cloth lot number and any of the currently certified energy and water 
use values. Indeed, requiring the test cloth lot number to be publicly 
available could introduce confusion to the consumer (for example by 
suggesting or implying that the certified values for each model are 
dependent upon the test cloth lot used) or by suggesting or implying 
that differences in the test cloth lot number among different basic 
models are indicative of differences in performance or other attributes 
of each basic model.
    To the extent that any technical challenges arise regarding the DOE 
test cloth, DOE would address those in a separate rulemaking, as 
appropriate. DOE will coordinate with representatives from AHAM, 
clothes washer manufacturers, textile manufacturers, test laboratories, 
and academia with particular subject matter expertise in DOE test cloth 
and other textiles used for similar purposes in considering any 
improvements to the DOE test cloth requirements.
    Finally, DOE understands that under certain circumstances, 
manufacturers may consider details such as the test cloth lot number 
used for testing their products to be confidential or sensitive

[[Page 82016]]

business information. For example, patterns in test cloth lot number 
data could provide indication of which laboratory conducted 
certification testing, or they could provide insights into research and 
development strategies--information that manufacturers generally 
consider to be trade secrets.
    For the reasons discussed in the preceding paragraphs and the 
September 2023 CCE NOPR, DOE is adopting its proposal to require the 
reporting of the test cloth lot number for RCWs and for the reported 
test cloth lot number not to be public.
d. Specifying Requirements for Appendix J
    The new appendix J test procedure establishes new energy and water 
efficiency metrics for RCWs. Use of appendix J is required at such time 
as compliance is required with any amended energy conservation 
standards based on these new metrics as measured using appendix J. 87 
FR 33316. In the March 2024 RCW DFR, DOE adopted amended standards for 
RCWs based on the new metrics as measured using appendix J. 89 FR 
19026. Compliance with amended standards will be required beginning 
March 1, 2028. Consistent with these new metrics, in the September 2023 
CCE NOPR, DOE proposed to specify certification requirements at 10 CFR 
429.20(b)(2)(i) corresponding to the use of appendix J, as detailed in 
the following sections, and requested comment on the proposed 
requirements. 88 FR 67458, 67469. These reporting requirements will be 
required to demonstrate compliance with the amended standards based on 
the new appendix J metrics.
Energy Efficiency Ratio and Water Efficiency Ratio
    Appendix J defines new metrics for representing clothes washer 
efficiency: energy efficiency ratio (``EER'') \16\ and water efficiency 
ratio (``WER'').\17\ In the September 2023 CCE NOPR, DOE proposed to 
require including EER and WER as public information in a certification 
report for RCWs tested in accordance with appendix J. 88 FR 67458, 
67469.
---------------------------------------------------------------------------

    \16\ EER is defined as the weighted-average load size in pounds 
(``lbs'') divided by the sum of (1) the per-cycle machine energy, 
(2) the per-cycle water heating energy, (3) the per-cycle drying 
energy, and (4) the per-cycle standby and off mode energy 
consumption, in kilowatt-hours (``kWh'').
    \17\ WER is defined as the weighted-average load size in lbs 
divided by the total weighted per-cycle water consumption for all 
wash cycles in gallons (``gal'').
---------------------------------------------------------------------------

    In the June 2022 RCW Final Rule, DOE established rounding 
requirements for EER and WER in 10 CFR 430.23(j)(2)(ii) and (j)(4)(ii), 
respectively. 87 FR 33316, 33381. These requirements specify rounding 
EER to the nearest 0.01 lb/kWh/cycle and rounding WER to the nearest 
0.01 gal/kWh/cycle. DOE proposed in the September 2023 CCE NOPR to 
specify these same rounding requirements for EER and WER at 10 CFR 
430.29(c). 88 FR 67458, 67469.
    DOE did not receive any comments on its proposed rounding 
requirements for EER and WER at 10 CFR 430.29(c). For the reasons 
discussed in the preceding paragraphs and the September 2023 CCE NOPR, 
DOE is adopting its proposal for rounding requirements for EER and WER 
at 10 CFR 430.29(c) as proposed in the September 2023 CCE NOPR.
Type of Control System
    In the March 2024 RCW DFR, DOE re-established a separate product 
class and separate performance-based energy conservation standards for 
semi-automatic RCWs.\18\ 89 FR 19026. Compliance with these amended 
standards will be required beginning March 1, 2028. To distinguish 
basic models as either automatic \19\ or semi-automatic for the purpose 
of determining whether the current performance-based standards apply, 
as well as which energy conservation standards will apply beginning 
March 1, 2028, DOE proposed in the September 2023 CCE NOPR to require 
reporting the type of control system (automatic or semi-automatic) as 
public information to be included in a certification report for RCWs 
tested in accordance with appendix J. 88 FR 67458, 67469.
---------------------------------------------------------------------------

    \18\ DOE defines ``semi-automatic clothes washer'' as a class of 
clothes washer that is the same as an automatic clothes washer 
except that user intervention is required to regulate the water 
temperature by adjusting the external water faucet valves. 10 CFR 
430.2.
    \19\ DOE defines ``automatic clothes washer'' as a class of 
clothes washer that has a control system that is capable of 
scheduling a preselected combination of operations, such as 
regulation of water temperature, regulation of the water fill level, 
and performance of wash, rinse, drain, and spin functions without 
the need for user intervention subsequent to the initiation of 
machine operation. Some models may require user intervention to 
initiate these different segments of the cycle after the machine has 
begun operation, but they do not require the user to intervene to 
regulate the water temperature by adjusting the external water 
faucet valves. 10 CFR 430.2.
---------------------------------------------------------------------------

    DOE did not receive any comments on its proposal to require 
reporting the type of control system (i.e., automatic or semi-
automatic) for RCWs. For the reasons discussed in the preceding 
paragraphs and the September 2023 CCE NOPR, DOE is adopting this 
requirement as proposed in the September 2023 CCE NOPR.
Other Requirements
    For RCWs tested in accordance with appendix J, DOE also proposed in 
the September 2023 CCE NOPR to establish public reporting requirements 
for RMC, clothes container capacity, and type of loading (i.e., top-
loading or front-loading), consistent with the current reporting 
requirements specified at 10 CFR 429.20(b)(2)(ii) for RCWs tested in 
accordance with appendix J2. 88 FR 67458, 67469. These reporting 
requirements will be required only at such time as use of appendix J is 
required to demonstrate compliance with standards based on the new 
appendix J metrics (i.e., on and after March 1, 2028).
    DOE did not receive any comments on its proposal to require 
reporting of RMC, clothes container capacity, and type of loading 
(i.e., top-loading or front-loading) for RCWs tested in accordance with 
appendix J. For the reasons discussed in the preceding paragraphs and 
the September 2023 CCE NOPR, DOE is adopting these requirements as 
proposed in the September 2023 CCE NOPR.
e. Additional Requirements
    In response to the September 2023 CCE NOPR, the CA IOUs suggested 
that DOE require public reporting of the weighted average cycle time 
and default inactive/off mode power for RCWs at such time as appendix J 
is required to be used for compliance. (CA IOUs, No. 8 at p. 5) The CA 
IOUs asserted that RCWs with shorter cycle times would have an EER 
weighted more heavily toward default inactive/off mode operation than 
those with longer cycle times, and that consumers who use a clothes 
washer multiple times per week are likelier to prioritize active mode 
operation and energy consumption than consumers who run only one load 
per week. (Id.) The CA IOUs commented that providing consumers with 
information on the average cycle time and default inactive/off mode 
power would help them choose the most efficient clothes washer, and 
asserted that requiring these values to be reported should not result 
in any material increase in reporting burden. (Id.)
    As noted by the CA IOUs, DOE does not currently require reporting 
weighted average cycle time or default inactive/off mode power and did 
not propose to add these requirements in the September 2023 CCE NOPR.
    Default inactive/off mode power is measured as part of the appendix 
J test procedure to determine the combined low-power mode energy, which 
is one

[[Page 82017]]

of several parameters used to calculate EER.\20\ Weighted average cycle 
time is calculated as part of the appendix J test procedure and used to 
determine the number of annual hours that a clothes washer spends in 
low-power modes, which is used to calculate combined low-power mode 
energy. Neither weighted average cycle time nor default inactive/off 
mode power would need to be reported for DOE to determine compliance 
with a standard based on EER. Additionally, these values would not need 
to be reported to DOE to ensure appropriate assessment or enforcement 
testing, as these values are measured as part of the DOE test 
procedure.
---------------------------------------------------------------------------

    \20\ EER is calculated in section 4.9 of appendix J as the 
weighted average load size divided by the sum of machine electrical 
energy, hot water heating energy, estimated drying energy, and 
combined low-power mode energy.
---------------------------------------------------------------------------

    DOE further notes that since weighted average cycle time and 
default inactive/off mode power were not discussed in the September 
2023 CCE NOPR, the public did not have an opportunity to consider or 
provide comment on the CA IOUs' suggestion to add these reporting 
requirements. In this final rule, DOE is finalizing new reporting 
requirements for RCWs only for values that are required for determining 
compliance (and for other products, for ensuring appropriate assessment 
or enforcement testing) and that the public had an opportunity to 
comment on through the September 2023 CCE NOPR.
    For the reasons discussed in the preceding paragraphs, DOE is not 
adopting a reporting requirement for weighted average cycle time or 
default inactive/off mode power.
2. Reporting Costs and Impacts
    In the September 2023 CCE NOPR, DOE proposed to align RCW 
certification reporting requirements with the energy conservation 
requirements that would be applicable to RCWs tested in accordance with 
appendix J. 88 FR 67458, 67469.
    Currently, manufacturers report IMEF, IWF, capacity, RMC, loading 
type, and cycle selections. In the September 2023 CCR NOPR, DOE noted 
that under the proposed amendments, manufacturers would additionally 
report test cloth lot number. DOE additionally proposed that for RCWs 
manufactured after the compliance date of any future energy 
conservation standards based on use of appendix J, manufacturers would 
be required to report EER, WER, capacity, RMC, control system type, 
loading type, cycle selections, and test cloth lot number.
    In the September 2023 CCE NOPR, DOE tentatively determined that the 
proposed amendments would not impose additional costs for manufacturers 
because manufacturers of RCWs are already submitting certification 
reports to DOE and should have readily available the information that 
DOE is proposing to collect as part of this rulemaking. 88 FR 67458, 
67469. DOE stated that it did not believe the revised reporting 
requirements would cause any appreciable change in reporting burden or 
hours as compared to what RCW manufacturers are currently doing today 
as the proposed amendments are replacement metrics or information that 
should be readily available. Id. at 88 FR 67470.
    DOE did not receive any comments on the certification reporting 
costs of the amendments proposed for RCWs. In this final rule, DOE 
makes a final determination that these amendments would not cause any 
measurable change in reporting burden or hours for RCWs.
    For the reasons discussed in the prior paragraphs, in this final 
rule DOE is adopting the reporting requirements for RCWs as proposed in 
the September 2023 CCE NOPR. Compliance with the amended reporting 
requirements for appendix J2 is not required until the next annual 
certification report filing date on or after 210 days after publication 
of this final rule. Compliance with the amended reporting requirements 
for appendix J is not required until March 1, 2028, the compliance date 
of the amended energy conservation standards based on the use of 
appendix J.

E. Pool Heaters

    DOE is amending the reporting requirements for consumer pool 
heaters. DOE defines pool heaters as an appliance designed for heating 
non-potable water contained at atmospheric pressure, including heating 
water in swimming pools, spas, hot tubs, and similar applications. 10 
CFR 430.2. In the final rule published on May 30, 2023 (``May 2023 Pool 
Heaters Final Rule''), DOE amended the energy conservation standards 
for consumer pool heaters. 88 FR 34624. While the current standards 
only apply to gas-fired pool heaters, the new and amended standards 
apply to both gas-fired pool heaters and electric pool heaters 
(excluding electric spa heaters) \21\ and use an updated efficiency 
metric. Id. at 88 FR 34704. Consistent with the May 2023 Pool Heaters 
Final Rule, DOE is amending the reporting requirements for consumer 
pool heaters.
---------------------------------------------------------------------------

    \21\ ``Electric pool heater'' means a pool heater other than an 
electric spa heater that uses electricity as its primary energy 
source. An ``electric spa heater'' means a pool heater that (1) uses 
electricity as its primary energy source; (2) has an output capacity 
of 11 kW or less; and (3) is designed to be installed within a 
portable electric spa. 88 FR 34624, 34703. DOE did not establish 
standards for electric spa heaters in the May 2023 Pool Heaters 
Final Rule, so the certification requirements proposed in this NOPR 
pertain only to electric pool heaters.
---------------------------------------------------------------------------

1. Reporting
    Under the existing requirements in 10 CFR 429.24, manufacturers of 
gas-fired pool heaters must report: thermal efficiency in percent and 
input capacity in Btu/h. 10 CFR 429.24(b)(1)-(2). These requirements 
provide for certifying compliance with the April 16, 2013 thermal 
efficiency standards. The amended standards are based on a different 
metric: integrated thermal efficiency. (See 88 FR 34624, 34625). In the 
September 2023 CCE NOPR, DOE proposed to update these certification 
requirements and align them with the energy conservation standards 
outlined in the May 2023 Pool Heaters Final Rule. 88 FR 67458, 67470. 
DOE additionally proposed general certification requirements for 
consumer pool heaters. Id. DOE discusses these updates in the following 
paragraphs.
    The current standards for consumer pool heaters at 10 CFR 430.32(k) 
provide only minimum thermal efficiency (``TE'') requirements for gas-
fired pool heaters, which does not include standby mode and off mode 
energy consumption. While the TE metric has historically been used to 
rate pool heaters, the current test procedure at appendix P to subpart 
B of 10 CFR part 430 (``appendix P'') includes provisions to determine 
the new integrated thermal efficiency (``TE<INF>I</INF>'') metric, 
which includes standby mode and off mode energy consumption as required 
by EPCA. Hence, the May 2023 Pool Heaters Final Rule established new 
and amended standards for gas-fired pool heaters and electric pool 
heaters in terms of TE<INF>I</INF>. 88 FR 34624, 34625. In the May 2023 
Pool Heaters Final Rule, DOE stated that it would consider requirements 
for reporting and certifying TE<INF>I</INF> in lieu of TE in a separate 
rulemaking. 88 FR 34624, 34636. DOE stated that it would also consider 
requirements for reporting and certifying active electrical power \22\ 
along with the representative value for TE<INF>I</INF> in a separate 
rulemaking. Id.
---------------------------------------------------------------------------

    \22\ ``Active electrical power'' means the maximum electrical 
power consumption in active mode for an electric pool heater.
---------------------------------------------------------------------------

    In the pool heaters energy conservation standards NOPR rulemaking 
(``April 2022 Pool Heaters

[[Page 82018]]

NOPR''), DOE addressed comments from AHRI regarding the level of 
precision required for representations of TE<INF>I</INF>. 87 FR 22640, 
22652 (Apr. 15, 2022). AHRI suggested that, for products where the 
efficiency ratings are less than 100 percent, a change of one or two 
points may make a difference; however, for products such as heat pump 
pool heaters with efficiency ratings that can exceed 300 percent, a 
difference of one or two points is inconsequential. Id. DOE stated that 
it would consider rounding requirements for consumer pool heaters in a 
separate rulemaking addressing certification reports. Id.
    In the April 2022 Pool Heaters NOPR, DOE sought comment on changes 
to certification and enforcement requirements. Id. Rheem recommended 
that DOE update the certification provisions at 10 CFR 429.24 to 
require certification of TE<INF>I</INF> and either input capacity or 
active electrical power as necessary. (Rheem, Docket No. EERE-2021-BT-
STD-0020, No. 19 at p. 2) Rheem also recommended that DOE evaluate 
adding certification provisions--similar to the requirements for 
consumer water heaters--which allow for the propane gas version of a 
basic model to be rated using the natural gas version if the propane 
gas input rate is within 10 percent of the natural gas input rate. 
(Rheem, Docket No. EERE-2021-BT-STD-0020, No. 19 at p. 10)
    In response to Rheem's request to use representations of natural 
gas basic models for propane basic models, in the September 2023 CCE 
NOPR, DOE noted that the water heater certification provisions 
referenced by the commenter are specifically for AEDMs (see 10 CFR 
429.70(g)(1)). 88 FR 67458, 67470. DOE additionally stated that 
manufacturers of consumer pool heaters are not authorized to use AEDMs 
for representations pertaining to consumer pool heaters (see 10 CFR 
429.70(a)), and the May 2023 Pool Heaters Final Rule did not establish 
this allowance. 88 FR 34624. Hence, in the September 2023 CCE NOPR, DOE 
did not propose special certification requirements for propane gas-
fired pool heaters. 88 FR 67458, 67470.
    For consumer pool heaters, DOE proposed to clarify provisions for 
certifying input capacity, establish provisions for certifying active 
electrical power, and establish certification requirements for 
TE<INF>I</INF> (including rounding requirements) in the September 2023 
CCE NOPR. 88 FR 67458, 67470. In the September 2023 CCE NOPR, DOE 
tentatively determined that certification of input capacity and active 
electrical power is necessary because these values are used to 
determine the TE<INF>I</INF> standard that applies to a pool heater. 88 
FR 67458, 67470.
    In the September 2023 CCE NOPR, DOE proposed to clarify that 
representations of input capacity for gas-fired pool heaters must be 
made based on the average of the input capacities measured for each 
tested unit of the basic model, and rounded to the nearest 1,000 Btu/h. 
88 FR 67458, 67470. There are currently no certification requirements 
for electric pool heaters. In the September 2023 CCE NOPR, DOE proposed 
to establish requirements for active electrical power similar to those 
for input capacity, because these two values are analogous to each 
other for electric pool heaters and gas-fired pool heaters, 
respectively. 88 FR 67458, 67470.
    The May 2023 Pool Heaters Final Rule will require compliance with 
standards using the TE<INF>I</INF> metric; hence, in the September 2023 
CCE NOPR, DOE also proposed to require certification of this value. 88 
FR 67458, 67470. The represented value for TE<INF>I</INF> would be 
rounded to the nearest tenth of one percent for gas-fired pool heaters. 
However, in consideration of the comments from AHRI indicating that the 
level of precision does not need to be so stringent for electric pool 
heaters, DOE proposed that the value for TE<INF>I</INF> would be 
rounded to the nearest 1 percent for electric pool heaters. Id. In the 
September 2023 CCE NOPR, DOE additionally noted that because 
manufacturers of gas-fired pool heaters must still ensure that these 
products comply with the current TE standards at 10 CFR 430.32(k), 
until compliance with new TE<INF>I</INF> standards is mandatory, 
therefore, DOE was maintaining the requirement for certifying TE of 
gas-fired pool heaters for products that must comply with TE standards. 
88 FR 67458, 67470-67471. DOE stated that reporting of TE<INF>I</INF> 
would become mandatory upon the compliance date of the energy 
conservation standards adopted in the May 2023 Pool Heaters Final Rule, 
May 30, 2028, at which time manufacturers would no longer be required 
to report TE. 88 FR 67458, 67471. DOE requested comment on its proposal 
to require the reporting of input capacity, active electrical power, 
integrated thermal efficiency, and the proposed rounding requirements. 
Id.
    Rheem commented in support of DOE requiring the reporting of input 
capacity, active electrical power, and integrated thermal efficiency, 
all of which, it noted, are necessary to determine compliance with the 
recently amended energy conservation standards. However, Rheem 
recommended that DOE explicitly state the required certification date 
for both electric and gas-fired pool heaters in the final rule. Rheem 
commented that its understanding is that gas-fired pool heaters must be 
filed by May 1, 2028, and comply with the energy conservation standards 
currently in effect, then re-filed by May 30, 2028, with models 
complying with the amended standards. Rheem commented it also 
understands for electric pool heaters, the initial filing date would be 
May 30, 2028. (Rheem, No. 15 at p. 2; Rheem, Public Meeting Transcript, 
No. 6 at pp. 16-17)
    In terms of rounding requirements, Rheem commented it currently has 
heat pump pool heaters with active electrical power ranging between 
1.15-7.6 kW (3,923-25,932 Btu/h) and by the compliance date of the 
energy conservation standards rulemaking, Rheem expects models above 
and below this range to be available. Rheem commented that the proposed 
rounding requirement would result in well over the <plus-minus>5 
percent allowed in the enforcement provisions at 10 CFR 429.134(cc). 
Rheem further noted that the integrated thermal efficiency standards 
that an electric pool heater must meet are based on active electrical 
power, and by rounding to the nearest 1,000 Btu/h, large jumps in the 
required integrated thermal efficiency are observed. Rheem requested 
that DOE reevaluate the active electrical power rounding requirements 
for electric pool heaters, as rounding to the nearest 100 Btu/h 
resulted in ~5-percent change from the actual active electrical power. 
(Rheem, No. 15 at pp. 2-3)
    Regarding the required certification dates, DOE clarifies that, as 
Rheem stated in its comment, gas-fired pool heater ratings must be 
certified to DOE and comply with the energy conservation standards 
currently in effect by the required annual certification date of May 1. 
Manufacturers may choose to submit certification reports prior to the 
annual certification date. Regarding the amended standards compliance 
date of May 30, 2028, DOE notes that it makes its best effort to 
finalize certification templates to give certifiers sufficient time to 
prepare for the compliance dates of any upcoming amended energy 
conservation standards. Subsequently, gas-fired pool heaters can be 
certified in accordance with the energy conservation standards that 
take effect on May 30, 2028 in advance of the May 1 annual filing date 
to avoid having to submit multiple certification reports in a brief 
period of time. For electric pool heaters, which were only recently 
covered by energy conservation

[[Page 82019]]

standards adopted in the May 2023 Pool Heaters Final Rule, the initial 
required certification date will be May 30, 2028 (and manufacturers may 
similarly choose to submit certification reports in advance of the 
required date).
    Regarding the rounding requirements proposed in the September 2023 
CCE NOPR, DOE appreciates Rheem's comments and has reconsidered the 
rounding requirements proposed for reporting of active electric power 
(``PE''), for electric pool heaters. In the September 2023 CCE NOPR, 
DOE proposed that PE be reported and rounded to the nearest 1,000 Btu/
h, in alignment with the reporting and rounding requirements for input 
capacity of gas-fired pool heaters. 88 FR 67458, 67470. Energy 
conservation standards for pool heaters are set by the integrated 
thermal efficiency metric (``TE<INF>I</INF>''), and the efficiency 
level is a function of PE for electric pool heaters, and input capacity 
for gas pool heaters. Based on its own analysis of the range of PE 
values that exist on the electric pool heater market, DOE agrees with 
Rheem that rounding PE to the nearest 1,000 Btu/h would result in large 
``jumps'' in the required TE<INF>I</INF>, particularly for electric 
pool heaters with lower PE values. Furthermore, the product-specific 
enforcement provisions for pool heaters state that if the PE value 
found during testing deviates from the certified value by more than 5 
percent, DOE would use the tested value instead of the certified value 
as the basis for calculation of the TE<INF>I</INF> standard. (10 CFR 
429.134(cc)(2)(ii)) Therefore, if the certified value is, as a result 
of the rounding requirements, necessarily going to deviate from the 
actual PE by more than 5 percent, this would mean that the minimum 
TE<INF>I</INF> value used by DOE to determine compliance could 
consistently be different from the minimum TE<INF>I</INF> value that 
would correspond to the product's certification--in other words, there 
would be greater uncertainty regarding which minimum TE<INF>I</INF> 
value manufacturers must design their products to meet.
    DOE has concluded that a tighter input capacity rounding 
requirement for electric pool heaters than for gas-fired pool heaters 
is justified, due to the fact that, based on DOE's observations, the 
median PE for electric pool heaters currently on the market is 17,500 
Btu/h whereas the median input capacity for gas-fired pool heaters is 
266,000 Btu/h. That is, because the typical PE values for electric pool 
heaters are much smaller than the typical input capacity values for 
gas-fired pool heaters, it is justifiable for the rounding requirements 
for PE to be tighter in order to be more proportional to the ratings 
themselves. A rounding requirement of 100 Btu/h, as suggested by Rheem, 
allows for a more accurate calculation of the applicable standard for 
electric pool heaters (i.e., it reduces the size of the ``jumps'' in 
the standard that the commenter had noted). Secondly, the tighter 
rounding requirement better ensures the measured PE and the certified 
PE remain within 5 percent of each other. Based on DOE research, the 
smallest heat pump electric pool heaters on the market today may have 
PE values of about 4,000 Btu/h, and a variation in certification due to 
rounding to the nearest 100 Btu/h would constitute a deviation of less 
than 5 percent, which is the threshold included in 10 CFR 
429.134(cc)(2)(ii) for the use of the certified PE value during 
enforcement testing. By contrast, a rounding requirement of 1,000 Btu/h 
could result in a deviation of over 5 percent. Lastly, DOE has 
determined that adopting a rounding requirement of 100 Btu/h for PE 
would result in no change in compliance for electric heat pump pool 
heaters currently on the market compared to a rounding requirement of 
1,000 Btu/h, as these pool heaters are not currently subject to energy 
conservation standards.
    Therefore, in order to improve the accuracy of the TE<INF>I</INF> 
standards calculated based on PE values for electric pool heaters, DOE 
adopts a requirement that PE be reported and rounded to the nearest 100 
Btu/h in this final rule.
    DOE is adopting all other requirements for pool heaters as proposed 
in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
    In the September 2023 CCE NOPR, DOE proposed to align pool heater 
certification reporting requirements with the energy conservation 
requirements that would be applicable to pool heaters, as finalized in 
the May 2023 Pool Heaters Final Rule. 88 FR 67458, 67471.
    For gas-fired pool heaters, manufacturers currently report TE as a 
percentage and input capacity in Btu/h. As a result of the amended 
standards, manufacturers of gas-fired pool heaters would be required to 
report TE<INF>I</INF> as a percentage in lieu of TE when certifying 
compliance with the revised standards. For electric pool heaters, 
manufacturers are not currently required to submit certification 
reports as there are no applicable standards at this time. As a result 
of the amended standards, manufacturers of electric pool heaters would 
be required to report TE<INF>I</INF> as a percentage and active 
electrical power in Btu/h. 88 FR 34624, 34704.
    In the September 2023 CCE NOPR, DOE tentatively determined that 
these proposed amendments would not impose additional costs for 
manufacturers of gas-fired pool heaters because manufacturers of gas-
fired pool heaters are already submitting certification reports to DOE 
and should have the information that DOE is proposing to collect as 
part of this rulemaking readily available. DOE stated that it did not 
believe the revised reporting requirements would cause any appreciable 
increase in any manufacturer's reporting burden or hours compared to 
certifying under current gas-fired pool heater requirements. For 
electric pool heaters, manufacturers are not currently required to 
submit certification reports to DOE because electric pool heaters are 
not currently subject to any applicable energy conservation standards. 
Any manufacturer of electric pool heaters would be required to submit 
certification reports for electric pool heaters upon the compliance 
date of the amended energy conservation standards, May 30, 2028. 88 FR 
34624, 34704.
    Rheem commented that it expects the certification and reporting 
costs of the amendments proposed for pool heaters to increase, but this 
increase will not be overly burdensome. (Rheem, No. 15 at pp. 3-4)
    In this final rule, DOE makes a final determination that these 
amendments would not cause any measurable change in reporting burden or 
hours for gas-fired pool heaters. Costs associated with the new 
reporting requirements pertaining to electric pool heaters are 
discussed in section IV.C of this document. Compliance with the new and 
amended reporting requirements is not required until the compliance 
date of the associated energy conservation standards.

F. Dehumidifiers

    DOE is amending the reporting requirements for dehumidifiers, which 
DOE defines as products--other than portable air conditioners, room air 
conditioners, or packaged terminal air conditioners--that are self-
contained, electrically operated, and mechanically encased assemblies 
consisting of (1) a refrigerated surface (evaporator) that condenses 
moisture from the atmosphere; (2) a refrigerating system, including an 
electric motor; (3) an air-circulating fan; and (4) a means for 
collecting or disposing of the condensate. 10 CFR 430.2. Use of 
appendix X1 to subpart B of 10 CFR part

[[Page 82020]]

430 (``appendix X1'') is currently required for any representations of 
energy use or efficiency of portable and whole-home dehumidifiers, 
including demonstrating compliance with the currently applicable energy 
conservation standards. Consequently, appendix X is obsolete for 
dehumidifiers manufactured on or after June 13, 2019. Therefore, DOE is 
removing the outdated appendix X reporting requirements consistent with 
the removal of appendix X in the test procedure final rule published on 
July 26, 2023 (``July 2023 Dehumidifiers Final Rule''). 88 FR 48035.
1. Reporting
    Under the existing requirements in 10 CFR 429.36, manufacturers 
must report: energy factor in liters per kilowatt hour (``liters/kWh'') 
and capacity in pints per day when certifying compliance with 
dehumidifiers tested in accordance with appendix X. 10 CFR 
429.36(b)(2)(i). However, use of appendix X is no longer permitted for 
compliance because use of appendix X1 is required to demonstrate 
compliance with standards for products manufactured on or after June 
13, 2019, and the July 2023 Dehumidifiers Final Rule removed appendix 
X. 88 FR 48035. In the September 2023 CCE NOPR, DOE proposed to remove 
the outdated appendix X certification requirements consistent with the 
removal of appendix X that was proposed at that time (see 87 FR 35286) 
and requested comment on its proposal. 88 FR 67458, 67471.
    AHAM commented it had no objection to the removal of appendix X per 
the June 2022 Dehumidifiers NOPR as appendix X1 is now required to 
demonstrate compliance with standards for products manufactured on or 
after June 13, 2019. (AHAM, No. 16 at p. 4)
    For the reasons discussed, DOE is finalizing its proposal and 
removing the outdated appendix X certification requirements, as 
proposed in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
    In the September 2023 CCE NOPR, DOE proposed to align dehumidifier 
certification reporting requirements with the appendix X1 test 
procedure requirements, use of which was required beginning on June 13, 
2019, by removing the appendix X requirements applicable to 
dehumidifiers manufactured prior to June 13, 2019. 88 FR 67458, 67471.
    In the September 2023 CCE NOPR, DOE stated that it tentatively 
determined that the proposed amendments would not impose additional 
costs for manufacturers because the only proposed amendments were the 
removal of outdated requirements. DOE did not propose any amendments to 
the reporting requirements associated with appendix X1 and proposed to 
remove certification requirements associated with a prior appendix. 
Therefore, DOE stated that it did not believe the revised reporting 
requirements would cause any appreciable change in reporting burden or 
hours compared to certifying under current dehumidifier requirements. 
Id.
    DOE did not receive any comments on the certification reporting 
costs of the amendments proposed for dehumidifiers. In this final rule, 
DOE makes a final determination that these amendments would not cause 
any measurable change in reporting burden or hours for Dehumidifier 
manufacturers.
    For the reasons discussed in the prior paragraphs, in this final 
rule DOE is removing the outdated reporting requirements associated 
with appendix X, as proposed in the September 2023 CCE NOPR.

G. External Power Supplies

    DOE is amending the reporting requirements for EPSs. DOE defines an 
EPS as an external power supply circuit that is used to convert 
household electric current into direct current or lower-voltage AC 
current to operate a consumer product. 10 CFR 430.2. In the test 
procedure final rule published on August 19, 2022, DOE amended the 
appendix Z test procedure for EPSs. 87 FR 51200. Consistent with that 
final rule, DOE is amending the reporting requirements for EPSs.
1. Reporting
    Under the existing requirements in 10 CFR 429.37(b)(2), 
manufacturers must report the following based on the EPS type:
    For EPSs, manufacturers currently report the average active mode 
efficiency as a percentage, no-load mode power consumption in watts, 
nameplate output power in watts, and, if missing from the nameplate, 
the output current in amperes of the basic model or the output current 
in amperes of the highest- and lowest-voltage models within the 
external power supply design family.
    For switch-selectable single-voltage EPSs, manufacturers currently 
report the average active mode efficiency as a percentage, no-load mode 
power consumption in watts using the lowest and highest selectable 
output voltages, nameplate output power in watts, and, if missing from 
the nameplate, the output current in amperes.
    For adaptive single-voltage EPSs, manufacturers currently report 
the average active-mode efficiency as a percentage at the highest and 
lowest nameplate output voltages, no-load mode power consumption in 
watts, nameplate output power in watts at the lowest and highest 
nameplate output voltages, and, if missing from the nameplate, the 
output current in amperes at the lowest and highest nameplate output 
voltages.
    For EPSs that are exempt from no-load mode requirements, 
manufacturers currently report a statement that the product is designed 
to be connected to a security or life safety alarm or surveillance 
system component, the average active-mode efficiency as a percentage, 
the nameplate output power in watts, and if missing from the nameplate, 
the certification report must also include the output current in 
amperes of the basic model or the output current in amperes of the 
lowest- and highest-voltage models within the external power supply 
design family. Manufacturers of these exempt external power supplies 
are additionally required to report, if the aggregate total number of 
exempt EPSs sold as spare and service parts exceeds 1,000 units across 
all models: the importer or domestic manufacturer's name and address, 
the brand name, and the number of units sold during the most recent 12-
calendar-month period ending on July 31. 10 CFR 429.37(b)(3) and 10 CFR 
429.37(c).
    These requirements for certifying compliance with the energy 
conservation standards are applicable to EPSs manufactured on or after 
February 10, 2014. In this final rule, DOE is aligning the reporting 
requirements with the amended appendix Z test procedure, use of which 
was required beginning September 19, 2022, and adopting general 
certification requirements for EPSs. DOE discusses these updates in the 
sections as follows.
a. Output Cord Specifications
    DOE's amended EPS test procedure requires that EPSs be tested with 
the output cord they are shipped with. For EPSs not shipped with an 
output cord, the EPS must be tested with a manufacturer's recommended 
output cord. For EPSs not shipped with an output cord and for which the 
manufacturer does not recommend an output cord, the amendments specify 
that the EPS must be tested with a 3-foot-long output cord with a 
conductor thickness that is minimally sufficient to carry the maximum 
required current. See section 4(g) of appendix Z.

[[Page 82021]]

    To better align the reporting requirements with the test procedure, 
in the September 2023 CCE NOPR, DOE proposed to add a reporting 
requirement of the included output cord specifications (gauge and 
length); for EPSs not shipped with an output cord, the specifications 
(gauge and length) for the manufacturer's recommended output cord would 
be provided. 88 FR 67458, 67472. For EPSs not shipped with an output 
cord and for which the manufacturer does not recommend an output cord, 
the gauge of the 3-foot-long output cord will be provided. Id. DOE 
requested comment on these proposed requirements. Id.
    During the NOPR public meeting, AHAM asked the purpose of 
collecting information regarding the output cord specification in 
certification reports as opposed to some other avenue. (AHAM, Public 
Meeting Transcript, No. 6 at pp. 18-19) Additionally, in written 
comments, AHAM commented it did not object to DOE's proposals regarding 
aligning EPS reporting requirements with the amended appendix Z test 
procedure and proposing general certification requirements; adding a 
reporting requirement of the included output cord; and not including 
manufacturer specifications for EPSs not shipped with an output cord 
(instead, the gauge of the 3-foot-long output cord will be provided). 
(AHAM, No. 16 at p. 5)
    ASAP et al. commented requesting DOE to provide additional clarity 
regarding EPS reporting provisions for output cords. ASAP et al. 
expressed concern that the term ``specifications'' is too vague and 
asked that, for additional clarity, DOE list the specifications so the 
specific relevant information necessary for the performance validation 
of EPSs could be collected. ASAP et al. additionally noted that during 
the NOPR public meeting, gauge and length were listed as 
specifications. (ASAP et al., No. 14 at p. 2)
    As stated during the NOPR public meeting, the purpose of collecting 
information related to the output cord is to ensure that output cord 
requirements for EPSs that are not shipped with output cords are met 
and to ensure that DOE is able to recreate the testing conditions for 
verification testing. DOE notes that it identified the output cord 
specifications to be reported as wire gauge and length in the September 
2023 CCE NOPR and the NOPR public meeting. See 88 67458, 67472. 
Accordingly, DOE clarifies that the output cord specifications to be 
reported are effective wire gauge and length, and DOE is aligning 10 
CFR 429.37(b)(2) and the corresponding EPS reporting templates 
accordingly.
    For the reasons discussed, in this final rule, DOE is adopting the 
amendments as clarified from the September 2023 CCE NOPR.
b. Output Voltage
    In DOE's current EPS test procedure and energy conservation 
standards, determining factors for EPS type and product class are the 
nature of the output voltage and its measured value. Output voltage 
type (i.e., AC, DC, multiple voltage and/or adaptive) determines the 
applicable portion of the test procedure and the template that must be 
used for certification purposes. The measured value of the voltage 
determines whether the EPS falls within the basic or low voltage 
product class. To better align the reporting requirements with the test 
procedure and energy conservation standards for EPSs, DOE proposed to 
add a reporting requirement for the measured output voltage for each 
port in the September 2023 CCE NOPR. 88 FR 67458, 67472. DOE requested 
comment on this proposed requirement. Id.
    AHAM commented that it did not object to DOE's proposal for EPSs 
regarding adding a reporting requirement for the measured output 
voltage for each port. (AHAM, No. 16 at p. 5)
    For the reasons discussed, in this final rule, DOE is adopting the 
amendments as proposed in the September 2023 CCE NOPR.
c. Additional Date Reporting Requirements for Exempt EPSs
    To further clarify the time period during which the exempt EPSs 
were sold, DOE proposed to require the manufacturer to report the 
applicable timeframe of which the number of exempt EPSs were sold in 
the September 2023 CCE NOPR. 88 FR 67458, 67472. DOE requested comment 
on this proposed requirement. Id.
    AHAM commented that it did not object to DOE's proposal for EPSs. 
(AHAM, No. 16 at p. 5)
    For the reasons discussed, in this final rule, DOE is adopting the 
amendment as proposed in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
    In the September 2023 CCE NOPR, DOE proposed to align EPS 
certification reporting requirements with the revised appendix Z test 
procedure requirements, use of which was required beginning September 
19, 2022. 88 FR 67458, 67472.
    For switch-selectable single-voltage EPSs, manufacturers currently 
report the average active mode efficiency as a percentage, no-load mode 
power consumption in watts using the lowest and highest selectable 
output voltages, nameplate output power in watts, and, if missing from 
the nameplate, the output current in amperes, and would additionally 
report included or recommended output cord specifications and the 
measured output voltage at the lowest and highest selectable output 
voltages if the proposed amendments are adopted.
    For adaptive single-voltage EPSs, manufacturers currently report 
the average active-mode efficiency as a percentage at the highest and 
lowest nameplate output voltages, no-load mode power consumption in 
watts, nameplate output power in watts at the lowest and highest 
nameplate output voltages, and, if missing from the nameplate, the 
output current in amperes at the lowest and highest nameplate output 
voltages, and would additionally report included or recommended output 
cord specifications and the measured output voltage at the lowest and 
highest nameplate output voltages if the proposed amendments are 
adopted.
    For EPSs that are exempt from no-load mode requirements, 
manufacturers currently report a statement that the product is designed 
to be connected to a security or life safety alarm or surveillance 
system component, the average active-mode efficiency as a percentage, 
the nameplate output power in watts, and if missing from the nameplate, 
the certification report must also include the output current in 
amperes of the basic model or the output current in amperes of the 
lowest- and highest-voltage models within the external power supply 
design family, and would additionally report included or recommended 
output cord specifications and the measured output voltage or the 
measured output voltage of the lowest and highest voltage models within 
the external power supply design family, and the timeframe of which 
these exempt EPSs were sold, if the proposed amendments are adopted.
    For all other EPSs, manufacturers currently report the average 
active mode efficiency as a percentage, no-load mode power consumption 
in watts, nameplate output power in watts, and, if missing from the 
nameplate, the output current in amperes of the basic model or the 
output current in amperes of the highest- and lowest-voltage models 
within the external power supply design family.

[[Page 82022]]

    In the September 2023 CCE NOPR, DOE noted that under the proposed 
amendments manufacturers would additionally report included or 
recommended output cord specifications and the measured output voltage 
or the measured output voltage of the lower and highest voltage models 
within the EPS design family if the proposed amendments are adopted. 
Id. at 88 FR 67473.
    In the September 2023 CCE NOPR, DOE tentatively determined that the 
proposed amendments would not impose additional costs for manufacturers 
because manufacturers of EPSs are already submitting certification 
reports to DOE and should have readily available the information that 
DOE is proposing to collect as part of this rulemaking. Id. DOE stated 
that it did not believe the revised reporting requirements would cause 
any appreciable change in reporting burden or hours as compared to what 
EPS manufacturers are currently doing today. Id.
    DOE did not receive any comments on the certification reporting 
costs of the amendments proposed for EPSs. As a result, in this final 
rule, DOE makes a final determination that these amendments would not 
cause any measurable change in reporting burden or hours for EPSs.
    For the reasons discussed in the prior paragraphs and in the 
September 2023 CCE NOPR, in this final rule, DOE is adopting the 
reporting requirements for EPSs as proposed in the September 2023 CCE 
NOPR. Compliance with these amended reporting requirements is not 
required until the next annual certification report filing date on or 
after 210 days after publication of this final rule.

H. Battery Chargers

    DOE is amending the reporting requirements for battery chargers, 
which DOE defines as devices that charge batteries for consumer 
products, including battery chargers embedded in other consumer 
products. 10 CFR 430.2. In the test procedure final rule published on 
September 8, 2022 (``September 2022 Battery Charger Final Rule''), DOE 
amended the scope of coverage and test procedure provisions for battery 
chargers. 87 FR 55090. On March 15, 2023, DOE published an energy 
conservation standards NOPR for battery chargers that was developed 
based on the amended test procedure. 88 FR 16112. Consistent with the 
test procedure final rule and the energy conservation standards NOPR, 
DOE is reorganizing current reporting requirements and adding new 
reporting requirements that will become mandatory upon the compliance 
date of any future amended energy conservation standards for battery 
chargers.
1. Reporting
    Under the existing requirements in 10 CFR 429.39, manufacturers 
must report: (1) the nameplate battery voltage of the test battery in 
volts, the nameplate battery charge capacity of the test battery in 
ampere-hours, and the nameplate battery energy capacity of the test 
battery in watt-hours; (2) the represented values for the maintenance 
mode power (P<INF>m</INF>), standby mode power (P<INF>sb</INF>), off 
mode power (P<INF>off</INF>), battery discharge energy 
(E<INF>batt</INF>), 24-hour energy consumption (E<INF>24</INF>), 
duration of the charge and maintenance mode test (t<INF>cd</INF>), and 
unit energy consumption (UEC); and (3) the manufacturer and model of 
the test battery, and the manufacturer and model, when applicable, of 
the external power supply. 10 CFR 429.39. These requirements provide 
for certifying compliance with the energy conservation standards 
applicable to battery chargers manufactured on or after June 13, 2018. 
DOE is reorganizing these requirements and aligning the reporting 
requirements with the amended test procedure at appendix Y to subpart B 
of part 430 (``appendix Y''), use of which was required beginning on 
March 7, 2023. DOE is also adopting new reporting requirements to the 
certification requirements for battery chargers tested under appendix 
Y1, use of which would be required upon the compliance date of any 
future amended energy conservation standards for battery chargers. Id. 
DOE discusses these updates in the sections as follows.
a. Reporting Requirements for Battery Chargers Tested Under Appendix Y1
    In the September 2022 Battery Charger Final Rule, DOE established a 
new appendix Y1 for the multi-metric testing approach for battery 
chargers. Under the new multi-metric testing approach, instead of 
computing and reporting the UEC value, which captures the performance 
of a battery charger in all modes of operation into a single metric, 
manufacturers are required to calculate and report the battery charger 
energy and power values for each mode of operation separately. These 
modes consist of active charge mode, standby mode, and off mode. 87 FR 
55090, 55100-55105.
    In the September 2023 CCE NOPR, DOE proposed to update the battery 
charger reporting requirements in 10 CFR 429.39 to align with the new 
multi-metric test procedure by (1) removing the UEC reporting 
requirement for both wired and fixed-location wireless battery chargers 
tested under appendix Y1, and (2) adding reporting requirements for 
active charge energy E<INF>a</INF> and no-battery mode power 
P<INF>nb</INF>. 88 FR 67458, 67473. Additionally, DOE proposed to 
include active charge energy E<INF>a</INF> (as measured in accordance 
with appendix Y1) as an optional reporting requirement when certifying 
compliance with the existing appendix Y requirements to assist DOE in 
gathering data for any future amended energy conservation standards. 
Id. Whether manufacturers choose to report this proposed optional 
information would have no impact on the validity of representations 
made when certifying compliance with appendix Y or the current energy 
conservation standards. DOE requested comment on its proposed reporting 
requirements for battery chargers tested under appendix Y1. Id.
    During the NOPR public meeting, AHAM asked whether DOE has any 
enforcement policy on whether it can enforce an optional reporting 
requirement that may be inaccurate. (AHAM, Public Meeting Transcript, 
No. 6 at p. 21) In written comments, AHAM commented that including 
active charge energy E<INF>a</INF> (as measured in accordance with 
appendix Y1) as an optional reporting requirement is not the 
appropriate mechanism for data collection as it falls outside the scope 
of the PRA. (AHAM, No. 16 at p. 5) AHAM commented that if DOE wishes to 
collect data for future amended standards, it should do so through that 
rulemaking process, not through certification, compliance, and 
enforcement provisions. (AHAM, No. 16 at p. 5; AHAM, No. 9 at p. 2) 
Further, AHAM stated that DOE can always seek such data under its 
authority to request records. AHAM commented that by including proposed 
collections of information in the appropriate processes, DOE will be 
able to demonstrate practical utility and appropriateness of the 
information for its intended use and other requirements of the PRA. 
(AHAM, No. 9 at p. 2) AHAM stated that if DOE chooses to move forward 
with this optional reporting, DOE should also exercise discretion while 
manufacturers learn to use it and the reporting template should clearly 
distinguish required and optional elements, as should any public-facing 
documentation. (AHAM, No. 16 at p. 5)
    DOE notes that if manufacturers are making energy use 
representations for a DOE regulated product or equipment, the specified 
energy representations

[[Page 82023]]

would need to be made in accordance with DOE's corresponding test 
procedure and certification requirements. Such energy representations 
made would be subject to DOE's enforcement requirements in subpart C of 
10 CFR 429. Based on stakeholder comments received and to avoid any 
potential confusion of the active charge energy being an optional 
metric, DOE is not adopting the proposal to include the optional active 
charge energy reporting requirement when certifying compliance 
according to appendix Y in this final rule.
    ASAP et al. commented that in the proposed regulatory text at 10 
CFR 429.39, there was an inconsistency in the style of maintenance mode 
power, P<INF>m,</INF> wherein the letter ``m'' was written as a 
subscript in all references except in 10 CFR 429.39(a)(1)(ii). (ASAP et 
al., No. 14 at p. 4) DOE notes that the letter ``m'' should indeed be a 
subscript in the regulatory text and made that correction in the 
regulatory text section of this final rule.
    DOE is adopting the other September 2023 CCE NOPR proposed 
amendments regarding appendix Y1 in this final rule as proposed in the 
September 2023 CCE NOPR.
b. Reporting Requirements for Open-Placement Wireless Battery Chargers 
Tested Under Appendix Y1
    In the September 2022 Battery Charger Final Rule, DOE expanded the 
battery charger testing scope to include testing of fixed-location 
wireless chargers in all modes of operation and testing of open-
placement wireless chargers in no-battery mode only. 87 FR 55090, 
55095-55098.
    Under the current appendix Y test procedure, all modes of operation 
would need to be tested for battery chargers covered under the test 
procedure scope. As such, there was no need to differentiate the 
reporting requirements for wired vs. wireless chargers. However, under 
appendix Y1, open-placement wireless chargers will only need to be 
tested in the no-battery mode of operation. Accordingly, DOE proposed 
in the September 2023 CCE NOPR to further specify that for open-
placement wireless chargers, only the no-battery mode power, 
P<INF>nb</INF>, would need to be reported. 88 FR 67458, 67473. DOE 
requested comment on its proposed reporting requirements for open-
placement battery chargers tested under appendix Y1. Id.
    DOE did not receive any comments on the proposal to further specify 
the reporting requirements for open-placement wireless battery chargers 
tested under appendix Y1. For the reasons discussed in the preceding 
paragraphs and the September 2023 CCE NOPR, DOE is adopting the 
amendments as proposed in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
    In the September 2023 CCE NOPR, DOE proposed to align battery 
charger certification reporting requirements with the amended appendix 
Y test procedural requirements, use of which was required beginning on 
October 11, 2022, and the newly established appendix Y1 test procedure, 
use of which would be required at such time as compliance is required 
with any amended energy conservation standards based on these new 
metrics as measured using appendix Y1. 88 FR 67458, 67473.
    For wired chargers tested under current appendix Y, manufacturers 
currently report (1) the nameplate battery voltage of the test battery 
in volts, the nameplate battery charge capacity of the test battery in 
ampere-hours, and the nameplate battery energy capacity of the test 
battery in watt-hours; and (2) the represented values for the 
P<INF>m</INF>, P<INF>sb</INF>, P<INF>off</INF>, E<INF>batt</INF>, 
E<INF>24</INF>, t<INF>cd</INF>, and UEC; and (3) the manufacturer and 
model of the test battery, and the manufacturer and model, when 
applicable, of the external power supply. In the September 2023 CCE 
NOPR, DOE noted that if the proposed amendments were adopted, when 
tested under appendix Y1, instead of reporting UEC and E<INF>24</INF> 
values, manufacturers would report the active charge energy 
(E<INF>a</INF>) and no-battery mode power, P<INF>nb</INF>. 88 FR 67458, 
67474.
    In the September 2023 CCE NOPR, DOE additionally noted for fixed-
location wireless chargers tested under appendix Y1, manufacturers 
would need to report (1) the nameplate battery voltage of the test 
battery in volts, the nameplate battery charge capacity of the test 
battery in ampere-hours, and the nameplate battery energy capacity of 
the test battery in watt-hours; (2) the represented values for the 
P<INF>m</INF>, P<INF>nb</INF>, P<INF>sb</INF>, P<INF>off</INF>, 
E<INF>batt</INF>, E<INF>a</INF>, and duration of the charge and 
t<INF>cd</INF>; and (3) the manufacturer and model of the test battery, 
and the manufacturer and model--when applicable--of the external power 
supply, if the proposed amendments were adopted. Id.
    For open-placement wireless chargers tested under appendix Y1, DOE 
noted that manufacturers would need to report the represented values 
for P<INF>nb</INF>, and the manufacturer and model, when applicable, of 
the EPS, if the proposed amendments were adopted. Id.
    In the September 2023 CCE NOPR, DOE tentatively determined that the 
proposed amendments would not impose additional costs for manufacturers 
because manufacturers of battery chargers are already submitting 
certification reports to DOE and the additional information that DOE 
was proposing to collect as part of this rulemaking should be readily 
available to manufacturers and would not require additional testing. 88 
FR 67458, 67474. DOE stated that it did not believe the revised 
reporting requirements would cause any appreciable change in reporting 
burden or hours as compared to what battery charger manufacturers are 
currently doing today. Id.
    DOE did not receive any comments on the certification reporting 
costs of the amendments proposed for battery chargers. In this final 
rule, DOE makes a final determination that these amendments would not 
cause any measurable change in reporting burden or hours for battery 
chargers.
    For the reasons discussed in the prior paragraphs, in this final 
rule DOE is adopting the reporting requirements for battery chargers as 
proposed in the September 2023 CCE NOPR, other than removing the 
optional active charge energy reporting requirement when certifying 
compliance according to appendix Y. Compliance with these amended 
reporting requirements is not required until the use of appendix Y1 is 
required.

I. Computer Room Air Conditioners

    DOE is amending the reporting requirements for CRACs. DOE defines 
``computer room air conditioner'' as a basic model of commercial 
package air-conditioning and heating equipment (packaged or split) that 
is: marketed for use in computer rooms, data processing rooms, or other 
information technology cooling applications; and is not a covered 
consumer product under 42 U.S.C. 6291(1)-(2) and 42 U.S.C. 6292. A CRAC 
may be provided with, or have as available options, an integrated 
humidifier, temperature and/or humidity control of the supplied air, 
and reheating function. 10 CFR 431.92. In the energy conservation 
standards final rule published in the Federal Register on June 2, 2023 
(``June 2023 CRACs Final Rule''), DOE amended the energy conservation 
standards for CRACs and adopted the NSenCOP metric. 88 FR 36392. 
Consistent with the June 2023 CRACs final rule, DOE is amending the 
reporting requirements for CRACs.
1. Reporting
    Under the existing reporting requirements for CRACs in 10 CFR 
429.43(b)(2)(ix), manufacturers must report: net sensible cooling 
capacity in

[[Page 82024]]

Btu/h, net cooling capacity in Btu/h, configuration (upflow/downflow), 
economizer presence (or lack thereof), condenser medium (air, water, or 
glycol-cooled), SCOP, and rated airflow in standard cubic feet per 
minute (``SCFM''). These requirements provide for certifying compliance 
with the standards applicable to CRACs manufactured on or after October 
29, 2012, for units of capacity less than 65,000 Btu/hr, and October 
29, 2013, for the remainder of covered CRACs. 10 CFR 431.97(f)(1). DOE 
is updating these requirements and aligning the reporting requirements 
with the energy conservation standards in the June 2023 CRACs final 
rule. DOE is also adopting other general certification requirements for 
CRACs to better ascertain applicable standards and represented values, 
including whether the basic model is split system or single-package, 
unit configuration, and refrigerant utilized. DOE discusses these 
updates in the sections as follows.
a. Revising Certification Reporting Requirements at 10 CFR 
429.43(b)(2)(ix) When Certifying With NSenCOP Standards
    Manufacturers are currently required to certify compliance with 
SCOP standards, in addition to the other equipment-specific reporting 
requirements. In the September 2023 CCE NOPR, DOE proposed to amend the 
certification requirements to allow certifying compliance with NSenCOP 
standards and related equipment-specific reporting requirements. 88 FR 
67458, 67474 (Sept. 29, 2023). Specifically, DOE proposed to place the 
existing reporting requirements for SCOP standards in new 10 CFR 
429.43(b)(2)(ix)(A), and to place the new reporting requirements for 
NSenCOP standards in new 10 CFR 429.43(b)(2)(ix)(B). Id. The NSenCOP 
standard reporting requirements include the net sensible cooling 
capacity in Btu/h, the net total cooling capacity in Btu/h, whether the 
basic model is split system or single-package, the configuration (e.g., 
downflow, upflow ducted, upflow non-ducted, horizontal flow, ceiling-
mounted ducted, ceiling-mounted non-ducted), fluid economizer presence 
(or lack thereof), condenser heat rejection medium (air, water, or 
glycol-cooled), NSenCOP, rated airflow in SCFM, and the refrigerant 
used to determine the represented values at 10 CFR 429.43(b)(2)(ix). 
DOE requested comment on these proposed requirements. Id.
    ASAP et al. stated that in the proposed 10 CFR 429.43(ix)(B) and 
the draft certification template, the listed configurations of a CRAC 
model for which a manufacturer would need to certify compliance with an 
NSenCOP standard do not include roof-mounted or wall-mounted types. 
However, the commenters noted that DOE included these configurations in 
the test procedure final rule for CRACs published in the Federal 
Register on April 11, 2023 (``April 2023 TP Final Rule;'' 88 FR 21816), 
which also reflects the additions in AHRI 1360-2022 (I-P), 
``Performance Rating of Computer and Data Processing Room Air 
Conditioners.'' For completeness, ASAP et al. requested DOE to include 
roof-mounted or wall-mounted configurations in the certification 
reporting requirements and expand the listed product codes in the 
product certification template to include these configurations. (ASAP 
et al., No. 14 at p. 2)
    In response, DOE would like to clarify that while the April 2023 TP 
Final Rule includes provisions for rating roof-mounted and wall-mounted 
CRAC configurations in terms of the NSenCOP metric, there are currently 
no NSenCOP standards for roof-mounted or wall-mounted CRACs. As such, 
the certification reporting requirements and the product certification 
template do not include the roof-mounted or wall-mounted CRAC 
configurations. Should standards in terms of NSenCOP be adopted for 
roof-mounted or wall-mounted CRACs, DOE will consider adjustments to 
the certification reporting requirements and product certification 
template to reflect those CRAC configurations.
    AHRI commented in support of CRAC certification reporting 
requirements to make them consistent with amended energy conservation 
standards established in the June 2023 CRACs Final Rule, noting that 
compliance with the amended standards is required on and after May 28, 
2024. AHRI commented that the final rule added 66 equipment class 
categories, bringing the total number of Federally-regulated equipment 
classes to 120, which, AHRI stated, prompted DOE to propose 120 product 
group codes. However, AHRI suggested that the indication of upflow or 
downflow configuration for applicable products would be better supplied 
in a column, as reducing the number of product group codes would reduce 
the burden in terms of AHRI's programming and manufacturers' data 
entry. AHRI urged DOE to complete finalization of this rulemaking and 
final templates for issuance no later than January 2, 2024, in order to 
allow for appropriate time to comply for newly scoped-in equipment 
classes. (AHRI, No. 18 at pp. 7-8)
    In response to AHRI's recommendation that the indication of upflow 
or downflow configurations be supplied in a column when dealing with 
product group codes for CRACs, DOE notes that upflow and downflow 
equipment are distinctly separated with different applicable energy 
conservation standards. DOE typically assigns different product group 
codes to classes of products or equipment with different energy 
conservation standards and, therefore, considers it appropriate that 
the upflow and downflow configurations be represented by different 
product group codes. As such, DOE has determined to maintain upflow and 
downflow configurations of CRACs under different product codes.
    AHRI expressed support for DOE's proposal to require the reporting 
of net sensible cooling capacity in Btu/h; net total cooling capacity 
in Btu/h; whether the basic model is split system or single-package; 
the configuration (e.g., downflow, upflow ducted, upflow non-ducted, 
horizontal flow, ceiling-mounted ducted, ceiling-mounted non-ducted); 
fluid economizer presence (or lack thereof); condenser heat rejection 
medium (air, water, or glycol-cooled); NSenCOP; rated airflow in SCFM; 
and the refrigerant used to determine the represented values. (AHRI, 
No. 18 at p. 8)
    ASAP et al. commented by providing the following suggested 
editorial change to the regulatory text proposed in the September 2023 
CCE NOPR at 10 CFR 429.43(b)(2)(ix)(B): replacing the term ``glycol-
cooled'' with ``glycol solution.'' (ASAP et al., No. 14 at p. 5)
    In response, DOE notes that the use of ``glycol-cooled'' to 
describe cooling mediums is consistent with the regulatory text used in 
the energy conservation standards specified in 10 CFR 431.97(e), which 
mirrors the terminology used in ASHRAE Standard 90.1-2022.\23\ To 
maintain consistent terminology, DOE has determined not to change the 
terminology used at 10 CFR 429.43(b)(2)(ix)(B).
---------------------------------------------------------------------------

    \23\ Energy Standard for Sites and Buildings Except Low-Rise 
Residential Buildings, ASHRAE Standard 90.1-2022.
---------------------------------------------------------------------------

    Based upon stakeholder support, as well as the reasons discussed in 
the preceding paragraphs, DOE is adopting the provisions for CRAC 
certification reporting requirements for NSenCOP standards as proposed 
in the September 2023 CCE NOPR.

[[Page 82025]]

b. Adding Supplemental Testing Instructions for CRACs at 10 CFR 
429.43(b)(4)(viii)
    Currently, manufacturers must submit supplemental information 
regarding additional testing instructions, if applicable, and specify 
which special features, if any, were included in rating the basic 
model. 10 CFR 429.43(b)(4)(viii). The supplemental information 
submitted in PDF format allows for third-party testing of equipment. 
For CRACs, there are currently no specific requirements for the 
supplemental PDF. For SCOP certification, in the September 2023 CCE 
NOPR, DOE proposed to maintain the current requirements of 10 CFR 
429.43(b)(4)(viii), but move them to 10 CFR 429.43(b)(4)(viii)(A). 88 
FR 67458, 67474. For NSenCOP certification, DOE proposed to specify the 
information required in supplemental testing instructions that would 
enable independent testing of the relevant equipment and to align with 
the corresponding requirements for CUACs, where appropriate. Id. This 
includes, but is not limited to, supplementary information about 
compressor break-in period duration, control set points, optional 
motor/drive kits and associated settings, and any other additional 
testing instructions. DOE proposed to add these new provisions when 
certifying to NSenCOP in 10 CFR 429.43(b)(4)(viii)(B). Id.
    In the September 2023 CCE NOPR, DOE noted that the proposed 
certification requirements provide further direction to the existing 
requirements and would not result in significant additional burden for 
manufacturers. DOE observed that where it identifies specific test-
related information, the relevant information is already collected by 
or available to the manufacturer, and as such, reporting that 
information to DOE would result in minimal additional burden. DOE 
requested comments on its proposal. Id.
    AHRI supported DOE's proposed supplemental testing instructions 
requirements for CRACs when certifying compliance with NSenCOP 
standards. (AHRI, No. 18 at p. 8)
    For the reasons discussed in the preceding paragraphs and the 
September 2023 CCE NOPR, DOE is adopting the amendments related to the 
supplemental testing instructions for CRACs as proposed in the 
September 2023 CCE NOPR.
c. Certification of Model Numbers for Split Systems
    DOE's current certification reporting requirements for CRACs at 10 
CFR 429.43(b)(2)(ix) do not specify the model numbers that the 
manufacturer must certify. Specifically, for split systems, the current 
regulations do not explicitly require certification of both the outdoor 
and indoor unit model numbers. Therefore, in the September 2023 CCE 
NOPR, DOE proposed at 10 CFR 429.43(b)(6) to clarify that the 
manufacturer must certify individual model numbers for both the indoor 
unit and the outdoor unit. 88 FR 67458, 67475. DOE requested comment on 
this proposed requirement. Id.
    AHRI commented that it did not object to DOE's proposal to require 
the reporting of both indoor unit and outdoor unit individual model 
numbers for split-system CRACs, because while not explicitly stated in 
the regulation, AHRI certification for CRACs is for matched split 
systems. (AHRI, No. 18 at p. 8; AHRI, Public Meeting, No. 6 at pp. 23-
24) During the NOPR public meeting, AHRI sought additional information 
about how individual condensing units for such products may be 
distributed in the market. AHRI noted that for residential CAC/HPs, 
there are specific provisions for outdoor units with no match, but it 
does not seem that there would be a similar testing requirement for 
CRACs. (AHRI, Public Meeting Transcript, No. 6 at pp. 23-24)
    In response, DOE notes that the Federal test procedure for CRACs 
does not include any test provisions specific to outdoor units with no 
match. As such, DOE is not adopting any CRAC certification provisions 
specific to outdoor units with no match.
    For the reasons discussed, DOE is adopting the amendments to split-
system model number reporting requirements as proposed in the September 
2023 CCE NOPR.
d. AEDM Tolerance for NSenCOP
    DOE's existing testing regulations allow the use of an AEDM in lieu 
of testing to simulate the efficiency of CRACs. 10 CFR 429.43(a). For 
models certified with an AEDM, results from DOE verification tests are 
subject to certain tolerances when compared to certified ratings. 
Currently, DOE specifies a 5-percent tolerance for CRAC verification 
tests for SCOP, identical to the current tolerance specified for 
single-point metrics (i.e., EER and COP) for other categories of 
commercial air conditioners and heat pumps. See table 2 to paragraph 
(c)(5)(vi)(B) at 10 CFR 429.70. In alignment with the tolerance 
specified for SCOP, DOE proposed to specify a tolerance of 5 percent 
for CRAC verification tests for NSenCOP in the September 2023 CCE NOPR. 
88 FR 67458, 67475. DOE requested comment on the proposed AEDM 
tolerance. Id.
    During the NOPR public meeting, AHRI asked whether the tolerance of 
5 percent added to the AEDM was consistent with other commercial 
products. (AHRI, Public Meeting Transcript, No. 6 at p. 26) DOE 
clarified that the AEDM tolerance for CRACs of 5 percent is consistent 
with other commercial products. (DOE, Public Meeting Transcript, No. 6 
at p. 26) Subsequently, AHRI commented that it does not have any 
objection to DOE's proposal to specify a tolerance of 5 percent for 
CRAC verification tests for NSenCOP. (AHRI, No. 18 at p. 8)
    For the reasons discussed, DOE is adopting the 5-percent tolerance 
to the AEDM for CRACs as proposed in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
    In the September 2023 CCE NOPR, DOE proposed to align CRAC 
certification reporting requirements with the amended energy 
conservation standards in the June 2023 CRACs Final Rule. 88 FR 67458, 
67475.
    In the September 2023 CCE NOPR, DOE tentatively determined that the 
proposed amendments would not impose additional costs for manufacturers 
because manufacturers of CRACs are already submitting certification 
reports to DOE and should have readily available the information that 
DOE was proposing to collect as part of this rulemaking. Id. DOE stated 
that it did not believe the revised reporting requirements would cause 
any appreciable change in reporting burden or hours as compared to what 
CRACs manufacturers are currently doing, and the Department requested 
comment on this tentative conclusion. Id.
    AHRI commented that DOE has understated its estimate of 
certification reporting costs for the proposed CRAC amendments. On this 
point, the commenter argued that the scope of regulated equipment more 
than doubled with amended energy conservation standards established in 
the June 2023 CRACs Final Rule. Thus, AHRI stated that even with the 
proposed adoption of AEDMs, which AHRI supports, there is a substantial 
increase in burden that should be acknowledged. (AHRI, No. 18 at p. 8)
    In response, DOE notes that AHRI did not provide any data or 
detailed explanation to support their claim of increased costs to 
manufacturers related to reporting. DOE estimated the burden associated 
with implementing amended energy conservation standards in the June 
2023 CRACs Final Rule. As such, in this rulemaking, DOE is estimating

[[Page 82026]]

the burden associated only with certifying compliance to the amended 
standards. Because manufacturers are already required to submit 
certification reports pertaining to CRACs, DOE does not expect any 
additional burden to certify compliance with the amended reporting 
requirements, even with expanded coverage of CRACs. Based on the 
preceding rationale and the discussion in the September 2023 CCE NOPR, 
DOE makes a final determination that these amendments would not cause 
any measurable change in reporting burden or hours as compared to what 
CRACs manufacturers are currently doing today.
    For the reasons discussed in the preceding paragraphs, in this 
final rule, DOE is adopting the reporting requirements for CRACs as 
proposed in the September 2023 CCE NOPR. Compliance with these amended 
reporting requirements is required 210 days after publication of this 
final rule.

J. Direct Expansion-Dedicated Outdoor Air Systems

    DOE is establishing reporting requirements for DX-DOASes. DOE 
defines ``direct expansion-dedicated outdoor air system'' as a basic 
model of commercial package air-conditioning and heating equipment 
(packaged or split) that is a unitary dedicated outdoor air system \24\ 
that is capable of dehumidifying air to a 55 [deg]F dew point--when 
operating under Standard Rating Condition A as specified in Table 4 or 
Table 5 of AHRI 920 (I-P)-2020, ``2020 Standard for Performance Rating 
of DX-Dedicated Outdoor Air System Units, with Addendum 1'' (``AHRI 
920-2020'') with a barometric pressure of 29.92 in Hg--for any part of 
the range of airflow rates advertised in manufacturer materials, and 
has a moisture removal capacity of less than 324 pounds per hour (``lb/
h''). 10 CFR 431.92. In a final rule published in the Federal Register 
on November 1, 2022 (``November 2022 DX-DOAS Final Rule''), DOE adopted 
energy conservation standards for DX-DOASes. 87 FR 65651. Consistent 
with that final rule, DOE is establishing reporting requirements for 
DX-DOASes.
---------------------------------------------------------------------------

    \24\ DOE defines ``unitary dedicated outdoor air system'' as a 
category of small, large, or very large commercial package air-
conditioning and heating equipment that is capable of providing 
ventilation and conditioning of 100-percent outdoor air and is 
marketed in materials (including but not limited to, specification 
sheets, insert sheets, and online materials) as having such 
capability.
---------------------------------------------------------------------------

1. Reporting
    Prior to the adoption of energy conservation standards in the 
November 2022 DX-DOAS Final Rule, there were no energy conservation 
standards for DX-DOASes in 10 CFR 431.97, nor were there reporting 
requirements for this equipment in 10 CFR 429.43.\25\ Because DOE has 
now adopted energy conservation standards for DX-DOASes, DOE is 
establishing reporting requirements in alignment with the standards 
adopted in the November 2022 DX-DOAS Final Rule. DOE discusses these 
reporting requirements in the following sections.
---------------------------------------------------------------------------

    \25\ In the November 2022 DX-DOAS Final Rule, DOE adopted a 
requirement in 10 CFR 429.43(a)(3)(i) that the represented value of 
moisture removal capacity (``MRC'') be either between 95 and 100 
percent of the mean of the measured capacities of the units in the 
selected sample rounded to the nearest lb/hr multiple using the same 
values as in Table 3 of AHRI 920-2020 or the MRC output simulated by 
an AEDM rounded to the nearest lb/hr multiple using the same values 
as in Table 3 of AHRI 920-2020. 87 FR 65651, 65658, 65667 (Nov. 1, 
2022).
---------------------------------------------------------------------------

a. Addition of Certification Requirements To Include the New Metrics 
ISMRE2 and ISCOP2
    In the September 2023 NOPR, DOE proposed certification requirements 
for certifying compliance with the new energy conservation standards 
for DX-DOAS, expressed in terms of integrated seasonal moisture removal 
efficiency 2 (``ISMRE2'') and integrated seasonal coefficient of 
performance 2 (``ISCOP2''), as adopted in the November 2022 DX-DOAS 
Final Rule. 88 FR 67458, 67475. Specifically, DOE proposed to add a new 
section 10 CFR 429.43(b)(2)(xi)(A) and to require the following when 
certifying compliance with an ISMRE2 standard: the ISMRE2 in lb/kWh, 
the rated moisture removal capacity at Standard Rating Condition A 
according to AHRI 920-2020 (MRC in lb/h), and the rated supply airflow 
rate for 100 percent outdoor air applications (Q<INF>SA</INF> in 
standard cubic feet per minute). Id. DOE noted that the moisture 
removal capacity is used for certifying compliance and the rated supply 
airflow rate must be specified to determine how to test a basic model 
according to the DOE test procedure at appendix B to subpart F of 10 
CFR part 431. Id.
    Additionally, DOE proposed to require the following at 10 CFR 
429.43(b)(2)(xi)(B) when certifying compliance with an ISCOP2 standard 
in addition to an ISMRE2 standard: \26\ the ISCOP2 in watts of heating 
per watts of power input (``W/W''). Id.
---------------------------------------------------------------------------

    \26\ Certification and compliance with both the applicable 
ISCOP2 and ISMRE2 standards are required for the air-source heat 
pump and water-source heat pump DX-DOAS equipment classes.
---------------------------------------------------------------------------

    DOE also proposed at 10 CFR 429.43(b)(2)(xi)(C) to require the 
configuration of the basic model number (i.e., ``single-package'' or 
``split system'') to be reported. Id.
    DOE proposed to include these certification provisions for DX-
DOASes in 10 CFR 429.43(b), consistent with other commercial HVAC 
equipment. As a result, DOE noted in the September 2023 CCE NOPR that 
the general requirements applicable to certification reports outlined 
in 10 CFR 429.12 would apply to DX-DOASes, as currently outlined in the 
existing reporting requirements for commercial HVAC equipment at 10 CFR 
429.43(b)(1). Id.
    DOE sought comment on requiring the reporting of ISMRE2 and ISCOP2 
to certify compliance with the standards applicable to DX-DOASes 
manufactured on or after May 1, 2024. 88 FR 67458, 67476. DOE also 
sought comment on reporting rated moisture removal capacity and rated 
supply airflow rate. Id. at 88 FR 67476.
    AHRI supported the reporting of ISMRE2 and ISCOP2 to certify 
compliance with the energy conservation standards applicable to DX-
DOASes, but requested DOE consider exercising its enforcement 
discretion to delay until January 1, 2025 enforcement for R-410A models 
manufactured on or after May 1, 2024. AHRI explained that the U.S. 
Environmental Protection Agency's (``EPA's'') Technology Transitions 
rule prohibiting the manufacture, import, or installation of 
residential and light CAC/HPs (including DX-DOASes) using refrigerant 
with GWPs of >=700 on or after January 1, 2025 means that AHRI does not 
expect any R-410A packaged equipment to be installed after that date. 
AHRI commented that DX-DOAS are tested in the same chambers as HVAC 
equipment that is undergoing necessary testing with new low-GWP 
refrigerants, and occupying test chambers with R-410A equipment that 
will only be sold for a few months is burdensome and unnecessary. AHRI 
added that any low-GWP DX-DOAS equipment manufactured and offered for 
sale after May 1, 2024 should be listed on time. AHRI pointed out that 
third-party test laboratories have been significantly delayed making 
necessary upgrades that allow for testing of DX-DOAS over 10 tons with 
energy recovery ventilators using ``Option 1,'' or direct testing as 
steam generators are required in the psychrometric chambers to test the 
DX-DOAS's moisture removal capability. AHRI commented it has been 
assured that the upgrades to the larger test chamber (that can 
accommodate units over 10 tons) will be made by the end of 2023; 
however, this upgrade was originally slated for the beginning of

[[Page 82027]]

2023. AHRI commented that prioritizing the low-GWP DX-DOAS equipment 
testing would be the best use of limited testing resources. AHRI added 
that it supports DOE's proposals regarding reporting rated moisture 
removal capacity and rated supply airflow rate. (AHRI, No. 18 at pp. 8-
9)
    In response, the Department notes that DOE's testing regulations 
allow the use of an AEDM, in lieu of testing, to simulate the 
efficiency of DX-DOASes. 10 CFR 429.43(a). As a result, DOE notes that 
manufacturers may use AEDMs that are refrigerant agnostic to certify 
equipment to alleviate testing burdens. For these reasons, DOE is 
declining to delay enforcement of standards applicable to DX-DOASes for 
models that use R-410A until January 1, 2025, as requested by AHRI.
    ASAP et al. commented by providing the following suggested 
editorial change to the regulatory text proposed in the September 2023 
CCE NOPR at 10 CFR 429.43(b)(2)(xi)(A): removing the word ``rate'' from 
``the rated supply airflow rate for 100% outdoor air applications.'' 
(ASAP et al., No. 14 at p. 4)
    DOE notes that the terminology ``airflow rate'' is used throughout 
AHRI 920-2020,\27\ which is the industry test standard adopted by 
reference in the DOE test procedure for DX-DOASes. As a result, to 
prevent confusion and to maintain consistency with the prevailing 
industry test standard, DOE is maintaining this language as proposed.
---------------------------------------------------------------------------

    \27\ AHRI 920 (I-P) and 921 (SI): Performance Rating of Direct 
Expansion-Dedicated Outdoor Air System Units.
---------------------------------------------------------------------------

    Accordingly, for the reasons discussed in the preceding paragraphs 
and the September 2023 CCE NOPR, DOE is adopting reporting 
requirements, as proposed in the September 2023 CCE NOPR, for 
certifying compliance with the new energy conservation standards for 
DX-DOASes.
b. Reporting Requirements for DX-DOASes With Ventilation Energy 
Recovery Systems
    In the November 2022 DX-DOAS Final Rule, DOE adopted product-
specific enforcement provisions for DX-DOASes in 10 CFR 429.134(s) in 
addition to the revised energy conservation standards. These 
enforcement provisions specify how DOE would determine the ISMRE2 and 
ISCOP2 values when conducting enforcement testing for DX-DOASes with 
Ventilation Energy Recovery Systems (``VERS''). As outlined in 10 CFR 
429.134(s)(2)-(3), these provisions rely on values of VERS performance 
certified to DOE as the basis for determining the ISMRE2 and/or ISCOP2 
of the basic model being tested in some scenarios.
    To inform DOE's enforcement testing, in the September 2023 CCE 
NOPR, DOE proposed additional non-public certification reporting 
requirements for DX-DOASes with VERS in new subparagraph 10 CFR 
429.43(b)(3)(iii). 88 FR 67458, 67476. In the September 2023 CCE NOPR, 
DOE noted that these reporting requirements would include the method of 
determination of the exhaust air transfer ratio (``EATR''), sensible 
effectiveness, latent effectiveness of the ventilation energy recovery 
system (name and version of certified performance modeling software or 
if the device was directly tested), the test method (i.e., Option 1 or 
Option 2) for units rated based on testing, and motor control settings 
(including rotational speed) for energy recovery wheels--all of which 
would be used by DOE to determine ISMRE2 and/or ISCOP2 for enforcement 
testing and would be considered non-public information if adopted. DOE 
requested comment on its proposal to include reporting requirements for 
DX-DOASes with VERS. Id.
    AHRI commented that it does not object to DOE's proposal to include 
reporting requirements for DX-DOASes with ventilation energy recovery 
systems. (AHRI, No. 18 at p. 9)
    ASAP et al. commented by providing the following suggested 
editorial change to the regulatory text proposed in the September 2023 
CCE NOPR at 10 CFR 429.43(b)(2)(xi)(C)(3): moving the text ``(name and 
version of certified performance modeling software or if the device was 
directly tested)'' after the word ``EATR,'' which would, therefore, not 
include the sensible and latent effectiveness of the ventilation energy 
recovery system within the ambit of that parenthetical. (ASAP et al., 
No. 14 at pp. 4-5)
    In response, DOE notes that EATR, sensible effectiveness, and 
latent effectiveness values are all determined through either a 
certified performance modeling software or through direct testing. DOE 
maintains that it would be appropriate to obtain the requested 
information for all three of these parameters, because verification and 
enforcement testing for DX-DOAS with VERS would otherwise require both 
verification of the VERS performance and testing of the DX-DOAS model 
utilizing the VERS, which would add significant burden to DOE testing 
that is inconsistent with manufacturer testing, and which is expected 
for nearly all models to be based on calculation of these values rather 
than separate testing of VERS. As a result, DOE is not changing the 
regulatory text as suggested by ASAP et al.
    Accordingly, for the reasons discussed in the preceding paragraphs 
and the September 2023 CCE NOPR, DOE is adopting the reporting 
requirements for DX-DOASes with VERS as proposed in the September 2023 
CCE NOPR.
c. Supplemental Testing Instructions
    Currently, manufacturers of other covered commercial HVAC equipment 
types must submit in PDF format supplemental information regarding 
additional testing instructions, if applicable, and they must also 
specify which, if any, special features were included in rating the 
basic model. 10 CFR 429.43(b)(4). The supplemental information 
submitted in PDF format allows for third-party testing of equipment. 
Consistent with other commercial HVAC equipment types, in the September 
2023 CCE NOPR, DOE proposed to specify information required in 
supplemental testing instructions submitted in PDF format for DX-DOASes 
to enable independent testing of the relevant equipment and to align 
with the corresponding requirements for CUACs, where appropriate. 88 FR 
67458, 67476.
    Specifically, for all DX-DOASes, DOE proposed at 10 CFR 
429.43(b)(4)(x)(A) the following content requirements for the 
supplemental instructions PDF attachment: water flow rate in gallons 
per minute (``gpm'') for water-cooled and water-source units, rated 
external static pressure (``ESP'') in inches of water column for the 
supply air stream, frequency or control set points for variable speed 
components (e.g., compressors, Variable Frequency Drives (``VFDs'')), 
required dip switch/control settings for step or variable components 
(e.g., reheat or head pressure control valves), a statement as to 
whether the model will operate at test conditions without manufacturer 
programming, and any additional testing instructions specified in 
appendix B to subpart F of part 431, if applicable (e.g., supply air 
dry-bulb temperatures for ISMRE2 tests, equipment settings for airflow, 
installation priority for split-system units, defrost control settings 
for air-source heat pump units, compressor break-in period, or 
condenser head pressure controls). Id. Additionally, if a variety of 
motors/drive kits are offered for sale as options in the basic model to 
account for varying installation requirements, DOE proposed that the 
supplemental file also include the model number, the specifications of 
the

[[Page 82028]]

motor (including efficiency, horsepower, open/closed, and number of 
poles) and the drive kit (including settings) associated with that 
specific motor that were used to determine the certified rating. Id.
    For DX-DOASes with VERS, DOE proposed at 10 CFR 429.43(b)(4)(x)(B) 
the following additional content requirements for the supplemental 
instruction PDF attachment: rated ESP in inches of water column for the 
return air stream, exhaust air transfer ratio at the rated supply 
airflow rate and a neutral pressure difference between return and 
supply airflow (EATR as a percent value), sensible and latent 
effectiveness of the ventilation energy recovery system at 75 percent 
of the nominal supply airflow and zero pressure differential in 
accordance with the DOE test procedure in appendix B to subpart F of 
part 431 of this chapter, sensible and latent effectiveness of the 
ventilation energy recovery system at 100 percent of the nominal supply 
airflow and zero pressure differential in accordance with the DOE test 
procedure in appendix B to subpart F of part 431 of this chapter, and 
any additional testing instructions, if applicable (e.g., deactivation 
of VERS or VERS bypass in accordance with appendix B to subpart F or 
part 431 of this chapter). Id.
    DOE requested comment on its proposal to require supplemental 
testing instruction file contents for DX-DOASes. Id.
    AHRI commented that DOE's proposal to require supplemental testing 
instruction file contents for DX-DOASes is reasonable. (AHRI, No. 18 at 
p. 9)
    Accordingly, for the reasons discussed, DOE is adopting the 
supplemental testing instruction file contents for DX-DOASes as 
proposed in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
    In the September 2023 CCE NOPR, DOE noted that the addition of 
reporting requirements for DX-DOASes would newly require manufacturers 
to report this information. 88 FR 67458, 67476. DOE discussed the 
reporting cost impacts corresponding to the proposal in the September 
2023 CCE NOPR in section IV.C of that document. Id. at 88 FR 67494-
67495.
    AHRI commented that, as with CRACs, DOE's estimation of the burden 
of new reporting requirements for DX-DOASes, while necessary, is 
understated. (AHRI, No. 18 at p. 9)
    In response, DOE notes that its estimated burden of new reporting 
requirements for DX-DOASes pertains only to completing and submitting 
the certification reports. The burden associated with implementing new 
standards was considered in the November 2022 DX-DOAS Final Rule. In 
the absence of additional data or information from AHRI regarding cost 
or time estimates pertaining to complying with the certification 
requirements for DX-DOASes, DOE has maintained its methodology to 
estimate the burden from the September 2023 CCE NOPR, while updating 
costs to reflect current values.
    Costs associated with the new reporting requirements for DX-DOASes 
are discussed in section IV.C of this document. Compliance with these 
reporting requirements is required 210 days after publication of this 
final rule.

K. Air-Cooled, Three-Phase, Small Commercial Package 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

    DOE is amending the reporting requirements for three-phase, less 
than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 
Btu/h VRF. Three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and 
three-phase, less than 65,000 Btu/h VRF are both categories of small 
commercial package air conditioning and heating equipment. Commercial 
package air-conditioning and heating equipment may be air cooled, water 
cooled, evaporatively cooled, or water source based (not including 
ground water source). This equipment is electrically operated and 
designed as unitary central air conditioners or central air 
conditioning heat pumps for use in commercial applications. 10 CFR 
431.92.
    In a final rule published on June 2, 2023 (``June 2023 3-Phase 
Final Rule''), DOE amended energy conservation standards for three-
phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less 
than 65,000 Btu/h VRF to be in terms of the new cooling and heating 
metrics, SEER2 and HSPF2, respectively, as determined by using the new 
test procedure at appendix F1 to subpart F of 10 CFR part 431. 88 FR 
36368. Consistent with that final rule, DOE is amending the reporting 
requirements for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs 
and three-phase, less than 65,000 Btu/h VRF.
1. Reporting
    Under the existing requirements in 10 CFR 429.67(f)(2)(i) and (ii) 
for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs, 
manufacturers must report the seasonal energy efficiency ratio 
(``SEER'') in British thermal units per Watt-hour (``Btu/Wh''), the 
rated cooling capacity in Btu/h, and (for heat pumps) the heating 
seasonal performance factor (``HSPF'') in Btu/Wh.
    Under the existing requirements in 10 CFR 429.67(f)(2)(iii) and 
(iv) for three-phase, less than 65,000 Btu/h VRF, manufacturers must 
report the SEER in Btu/Wh, rated cooling capacity in Btu/h, and (for 
heat pumps) the HSPF in Btu/Wh.
    These requirements provide for certifying compliance with the 
standards applicable to three-phase, less than 65,000 Btu/h ACUACs and 
ACUHPs manufactured on or after January 1, 2017, and the standards 
applicable to three-phase, less than 65,000 Btu/h VRF manufactured on 
or after June 16, 2008. 88 FR 36368, 36389. DOE is updating these 
reporting requirements to align with the amended standards adopted by 
the June 2023 3-Phase Final Rule that apply to three-phase, less than 
65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h 
VRF manufactured on or after January 1, 2025. See id. Additionally, DOE 
is specifying general certification requirements for three-phase, less 
than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 
Btu/h VRF. DOE discusses these updates in the sections as follows.
a. Updating the Certification Requirements To Include the New Metrics, 
SEER2 and HSPF2
    In the June 2023 3-Phase Final Rule, DOE amended energy 
conservation standards for three-phase, less than 65,000 Btu/h ACUACs 
and ACUHPs and three-phase, less than 65,000 Btu/h VRF to be in terms 
of the new cooling and heating metrics, SEER2 and HSPF2. Id. 
Accordingly, in the September 2023 CCE NOPR, DOE proposed to update the 
certification requirements at 10 CFR 429.67(f)(2) to include ratings in 
terms of SEER2 and HSPF2, which would become the required reporting 
metrics upon the compliance date of the amended standards. 88 FR 67458, 
67477. Manufacturers may use appendix F1 to certify compliance with the 
amended standards based on SEER2 and HSPF2 prior to the applicable 
compliance date for the amended energy conservation standards. DOE 
requested comment on its proposal to require the reporting of new 
metrics, such as SEER2 and HSPF2. Id.
    AHRI and Carrier supported DOE's proposal to require the reporting 
of new metrics, such as SEER2 and HSPF2.

[[Page 82029]]

(AHRI, No. 18 at p. 9; Carrier, No. 12 at p. 3)
    ASAP et al. commented providing the following editorial correction 
to the regulatory text proposed in the September 2023 CCE NOPR at 10 
CFR 429.67(f)(3)(i): replacing the text ``rated static pressure in 
inches of water'' with ``rated external static pressure in inches of 
water.'' (ASAP et al., No. 14 at p. 5)
    DOE agrees that replacing the text ``rated static pressure'' with 
``rated external static pressure'' is a helpful clarification and 
better represents the intent of the proposal in the September 2023 CCE 
NOPR. DOE has also determined that this clarification is appropriate in 
one instance at 10 CFR 429.67(f)(3)(ii) as well.
    For the reasons discussed in the preceding paragraphs and the 
September 2023 CCE NOPR, in this final rule, DOE is adopting these 
updates as proposed in the September 2023 CCE NOPR with the additional 
clarification as recommended by commenters.
b. Aligning Basic Model Number and Individual Model Number(s) Reporting 
Requirements With Single-Phase Products
    In the September 2023 CCE NOPR, DOE proposed to include additional 
instructions regarding the basic model number and individual model 
number(s) required to be reported under 10 CFR 429.12(b)(6). 88 FR 
67458, 67477. DOE noted in the September 2023 CCE NOPR that this 
proposal is consistent with the requirement for single-phase products 
and represents readily available information to the manufacturer 
regarding the requirements for three-phase equipment. Id. DOE requested 
comment on the proposed model number reporting requirements. Id.
    Specifically, DOE noted that it would require in new subparagraph 
10 CFR 429.67(f)(4) that the basic model number and individual model 
number(s) reported under 10 CFR 429.12(b)(6) consist of the following:

----------------------------------------------------------------------------------------------------------------
                                                                      Individual model number(s)
         Equipment type           Basic model number -----------------------------------------------------------
                                                               1                   2                   3
----------------------------------------------------------------------------------------------------------------
Single-Package (including Space-  Number unique to    Package...........  N/A...............  N/A.
 Constrained).                     the basic model.
Single-Split System (including    Number unique to    Outdoor Unit......  Indoor Unit.......  If applicable--Air
 Space-Constrained and SDHV).      the basic model.                                            Mover (could be
                                                                                               same as indoor
                                                                                               unit if fan is
                                                                                               part of indoor
                                                                                               unit model
                                                                                               number).
Multi-Split, Multi-Circuit, and   Number unique to    Outdoor Unit......  When certifying a   If applicable--
 Multi-Head Mini-Split System      the basic model.                        basic model based   When certifying a
 (including Space-Constrained                                              on tested           basic model based
 and SDHV).                                                                combination(s): *   on tested
                                                                           * *.                combination(s): *
                                                                                               * *.
                                                                          When certifying an  When certifying an
                                                                           individual          individual
                                                                           combination: Each   combination: Each
                                                                           indoor units        air movers paired
                                                                           paired with the     with the outdoor
                                                                           outdoor unit.       unit.
Outdoor Unit with No Match......  Number unique to    Outdoor Unit......  N/A...............  N/A.
                                   the basic model.
----------------------------------------------------------------------------------------------------------------

    DOE did not receive any comments on its proposal to include 
additional instructions regarding the basic model number and individual 
model number(s) required to be reported under 10 CFR 429.12(b)(6) in 
response to the September 2023 CCE NOPR. For the reasons discussed, in 
this final rule, DOE is adopting these requirements as proposed in the 
September 2023 CCE NOPR.
c. Outdoor Units With No Match
    In the September 2023 CCE NOPR, for three-phase, less than 65,000 
Btu/h ACUACs and ACUHPs with outdoor units having no matching indoor 
component, DOE proposed requiring that supplemental testing 
instructions also include any additional testing and testing set up 
instructions necessary to operate the basic model under the required 
conditions specified by the test procedure in addition to any 
supplemental testing instructions used to satisfy the existing 
requirement in 10 CFR 429.67(f)(3). Id. Specifically, DOE proposed that 
manufacturers must provide information regarding the following 
characteristics of the indoor coil: the face area, the coil depth in 
the direction of airflow, the fin density (fins per inch), the fin 
material, the fin style, the tube diameter, the tube material, and the 
numbers of tubes high and deep. Id. DOE noted that this proposed 
requirement would be consistent with the 10 CFR 429.16 requirement for 
single-phase products, as well as with the test requirements in ASHRAE 
90.1-2019, which, in turn, references ANSI/AHRI 210/240, ``2023 
Standard for Performance Rating of Unitary Air-conditioning & Air-
source Heat Pump Equipment'' (``ANSI/AHRI 210/240'').\28\ Id. 
Therefore, DOE surmised that this information should be readily 
available to manufacturers and would not add manufacturer burden. Id. 
DOE requested comment on the proposed requirements for outdoor units 
with no match. Id.
---------------------------------------------------------------------------

    \28\ 2023 Standard for Performance Rating of Unitary Air-
conditioning & Air-source Heat Pump Equipment (``AHRI 210/240-
2023'')
---------------------------------------------------------------------------

    DOE did not receive any comments on its proposal to include 
supplemental testing and testing setup instructions necessary to 
operate the basic model under the required conditions specified by the 
test procedure. For the reasons discussed in the preceding paragraphs 
and the September 2023 CCE NOPR, in this final rule, DOE is adopting 
these requirements as proposed in the September 2023 CCE NOPR.
d. Sampling Corrections
    Currently, DOE's sampling provisions for three-phase, less than 
65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h 
VRF state that any represented value of cooling capacity and heating 
capacity must each be a self-declared value that is less than or equal 
to the lower of the mean of the sample, or the lower 90 percent 
confidence limit of the true mean (``LCL'') divided by 0.95. 10 CFR 
429.67(c)(2)(ii)(A)(2). The sampling provisions also state that the LCL 
should be calculated using the Student's t-Distribution Values for a 90 
percent one-tailed confidence interval with n-1 degrees of freedom from 
appendix D to subpart B of part 429, where ``n'' is the number of 
samples. Id. However, the

[[Page 82030]]

appendix containing Student's t-Distribution Values has moved to 
appendix A to subpart B of part 429. To correct this discrepancy, in 
the September 2023 CCE NOPR, DOE proposed to revise 10 CFR 
429.67(c)(2)(ii)(A)(2) to specify that the LCL should be calculated 
using the Student's t-Distribution Values for a 90 percent one-tailed 
confidence interval outlined in appendix A and requested comment on its 
proposal. Id. at 88 FR 67477-67478. DOE requested comment on the 
proposed sampling corrections. Id.
    AHRI and Carrier supported DOE's proposal to correct the sampling 
provisions for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs 
and three-phase, less than 65,000 Btu/h VRF to reference appendix A. 
(AHRI, No. 18 at p. 9; Carrier, No. 12 at p. 3)
    For the reasons discussed, in this final rule, DOE is amending this 
requirement as proposed in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
    In the September 2023 CCE NOPR, DOE proposed to align the three-
phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less 
than 65,000 Btu/h VRF certification reporting requirements with the 
amended standards adopted by the June 2023 3-Phase Final Rule that 
apply to products manufactured on or after January 1, 2025. 88 FR 
67458, 67478.
    DOE proposed that for three-phase, less than 65,000 Btu/h ACUACs 
and three-phase, less than 65,000 Btu/h VRF air conditioners, while 
manufacturers currently report SEER in Btu/Wh and rated cooling 
capacity in Btu/h, manufacturers would report SEER2 in Btu/Wh in lieu 
of SEER under the amended standards. Id. DOE proposed for three-phase, 
less than 65,000 Btu/h ACUHPs and three-phase, less than 65,000 Btu/h 
VRF heat pumps, while manufacturers currently report SEER in Btu/Wh, 
HSPF in Btu/Wh, and rated cooling capacity in Btu/h, manufacturers 
would be required to report SEER2 in Btu/Wh and HSPF2 in Btu/Wh in lieu 
of SEER and HSPF. Id.
    In the September 2023 CCE NOPR, DOE tentatively determined that 
these proposed amendments would not impose additional costs for 
manufacturers because manufacturers of three-phase, less than 65,000 
Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h VRF are 
already submitting certification reports to DOE and should have readily 
available the information that DOE is proposing to collect as part of 
the proposed rulemaking. DOE stated that it did not believe the revised 
reporting requirements would cause any appreciable change in reporting 
burden or hours as compared to what three-phase, less than 65,000 Btu/h 
ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h VRF 
manufacturers are doing currently, but DOE requested comment on the 
certification reporting costs. Id.
    DOE did not receive any comments on the certification and reporting 
costs associated with the proposed reporting requirements for three-
phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less 
than 65,000 Btu/h VRF. In this final rule, DOE makes a final 
determination that these amendments to the reporting requirements for 
three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, 
less than 65,000 Btu/h VRF would not cause any measurable change in 
reporting burden or hours for three-phase, less than 65,000 Btu/h 
ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h VRF 
manufacturers. Compliance with these reporting requirements is required 
210 days after publication of this final rule.

L. Commercial Water Heating Equipment

    DOE is amending the reporting requirements for CWHs. EPCA 
prescribes energy conservation standards for several classes of CWHs 
manufactured on or after January 1, 1994. (42 U.S.C. 6313(a)(5)) DOE 
codified these standards in its regulations for CWHs at 10 CFR 431.110. 
However, when codifying these standards from EPCA, DOE inadvertently 
omitted the standards put in place by EPCA for electric instantaneous 
water heaters, which are instantaneous water heaters with a rated input 
both greater than 12 kW and not less than 4,000 Btu/h per gallon of 
stored water (see 10 CFR 431.102). Therefore, in a final rule published 
on October 6, 2023 (``October 2023 CWH Final Rule''), DOE codified 
these standards in its regulations at 10 CFR 431.110. 88 FR 69686, 
69699.
    Consistent with the October 2023 CWH Final Rule, DOE is 
establishing reporting requirements for commercial electric 
instantaneous water heaters (except for residential-duty commercial 
electric instantaneous water heaters for which certification is already 
addressed in 10 CFR 429.44).
    Additionally, DOE is adding reporting requirements for commercial 
electric storage water heaters to ensure that the input rating of all 
certified models exceeds the 12 kW threshold as well as the required 
ratio of input rate per gallon of stored water that is part of the 
definition of electric storage water heaters at 10 CFR 431.102.
1. Reporting
a. Electric Instantaneous Water Heaters
    Under the existing requirements in 10 CFR 429.44, manufacturer 
certification reports for commercial water heating equipment are not 
required to include information about electric instantaneous water 
heaters. 10 CFR 429.44(c)(2).
    Therefore, for commercial electric instantaneous water heaters of 
all storage volumes (except for residential-duty commercial electric 
instantaneous water heaters), in the September 2023 CCE NOPR, DOE 
proposed to add certification requirements for thermal efficiency, 
storage volume, rated input, and whether the storage volume is 
determined using a weight-based test (in accordance with 10 CFR 
431.106) or the calculation-based method (in accordance with 10 CFR 
429.72(e), as discussed in the following paragraph). 88 FR 67458, 
67478.
    Additionally, for electric instantaneous water heaters with storage 
volume greater than or equal to 10 gallons (and thus subject to a 
standby loss standard), DOE proposed to require that the following 
information be certified to ensure compliance with standby loss 
standards and to enable DOE to understand how the standby test was 
conducted for each basic model: (1) standby loss, (2) whether the water 
heater initiates heating element operation based on a temperature-
controlled call for heating that is internal to the water heater, (3) 
whether the water heater includes an integral pump purge functionality, 
and (4) the default duration of the pump off delay (for models equipped 
with integral pump purge). Id.
    DOE also proposed to allow use of a calculation-based method for 
determining the storage volume of electric instantaneous water heaters 
that is the same as the method for gas-fired and oil-fired 
instantaneous water heaters and hot water supply boilers found at 10 
CFR 429.72(e). Id. Furthermore, DOE proposed to clarify that the method 
for calculating volume for instantaneous water heaters found at 10 CFR 
429.72(e) does not apply to storage-type instantaneous water heaters. 
Id.
    DOE requested comment on its proposal to require the reporting of 
thermal efficiency, storage volume, rated input, and whether the 
storage volume is determined using a weight-based test or the 
calculation-based method for commercial electric

[[Page 82031]]

instantaneous water heaters of all storage volumes (except for 
residential-duty commercial electric instantaneous water heaters). Id. 
DOE also sought comment on its proposal to require the reporting of 
standby loss, whether the water heater initiates heating element 
operation based on a temperature-controlled call for heating that is 
internal to the water heater, whether the water heater includes an 
integral pump purge functionality, and the default duration of the pump 
off delay (for models equipped with integral pump purge) for electric 
instantaneous water heaters with storage volume greater than or equal 
to 10 gallons. Id. Additionally, DOE requested comment on its proposed 
calculation-based method for determining storage volume of electric 
instantaneous water heaters. Id.
Thermal Efficiency
    Rheem commented that the DOE test procedures for commercial 
electric instantaneous water heaters at 10 CFR 431 appendix B and 10 
CFR 431 appendix D assume a thermal efficiency of 98 percent for 
commercial electric instantaneous water heaters, but there is no DOE 
test procedure that describes how to measure thermal efficiency. Rheem 
recommended that DOE either clarify whether a thermal efficiency of 98 
percent can be used for all commercial electric instantaneous water 
heaters that use immersed heating elements or remove the thermal 
efficiency certification requirement. (Rheem, No. 15 at pp. 4-5; Rheem, 
Public Meeting Transcript, No. 6 at p. 36) AHRI opposed the reporting 
of thermal efficiency for commercial electric instantaneous water 
heaters of all storage volumes because the DOE test procedure for this 
equipment assumes a thermal efficiency of 98 percent and does not 
include a method for measuring thermal efficiency. AHRI stated that 
thermal efficiency is not reported for commercial electric storage 
water heaters, and therefore, it should not be required for other 
commercial electric equipment. AHRI recommended removing the 
requirement to report thermal efficiency for commercial electric 
instantaneous water heaters in the reporting template. (AHRI, No. 18 at 
p. 10) BWC recommended that thermal efficiency be removed from the 
reporting requirements for commercial electric instantaneous water 
heaters of all storage volumes as the inclusion of thermal efficiency 
does not provide additional meaningful information to DOE or consumers 
looking to obtain information about a product's energy performance and 
ultimately increases the complexity of the reporting templates, which 
could lead to an increase in potential errors in addition to an 
increased time burden. (BWC, No. 13 at p. 1)
    In response, DOE notes that there are standards in effect for 
electric instantaneous water heaters (see 10 CFR 431.110), and, 
therefore, manufacturers must certify thermal efficiency to DOE to 
ensure compliance. As a result, DOE is adopting its proposal to require 
certification of thermal efficiency for electric instantaneous water 
heaters. Furthermore, DOE clarifies that for commercial electric 
instantaneous water heaters with immersed heating elements, 
manufacturers should set the thermal efficiency equal to 98 percent, 
consistent with the assumed value in the standby loss calculation of 
the DOE test procedure specified in appendix D to subpart G of 10 CFR 
part 431. Additionally, in response to BWC's concerns about increased 
complexity and the potential for certification errors, DOE will include 
a note in the certification template to instruct the user to enter 98 
percent in the template's field for the thermal efficiency of electric 
instantaneous water heaters.
Storage Volume Less Than 10 Gallons
    BWC commented that reporting requirements for commercial electric 
instantaneous water heaters with a storage volume less than 10 gallons 
should be removed from the reporting template as the October 2023 CWH 
Final Rule does not require standby loss to be reported for electric 
instantaneous water heaters with a storage volume less than 10 gallons. 
(BWC, No. 13 at p. 2) AHRI commented that electric instantaneous water 
heaters with storage volumes of less than 10 gallons are not subject to 
testing and should therefore be excluded from certification and 
reporting requirements. (AHRI, No. 18 at p. 10)
    In response to the comments regarding electric instantaneous water 
heaters with a storage volume less than 10 gallons, DOE notes that 
certification requirements are necessary to ensure that standards are 
being met and to determine the appropriate equipment class and 
applicable standard(s). Particularly, certification of thermal 
efficiency ensures compliance with the minimum standard; rated input 
checks would be used to confirm that the input rating of all certified 
models exceeds the 12 kW threshold that is part of the definition of 
commercial instantaneous water heaters at 10 CFR 431.102, and storage 
volume is necessary to determine whether the standby loss standard 
applies to the certified model. In addition, the rated input and the 
storage volume are used to determine whether a water heater is 
instantaneous or storage. Completely removing the certification and 
reporting requirements for electric instantaneous water heaters with 
storage volume less than 10 gallons would omit information that is 
necessary for DOE to confirm the applicable standard. Further, similar 
to electric instantaneous water heaters with a storage capacity of 10 
or more gallons, DOE will allow for storage volume to be measured and 
certified to either the weight-based test or calculation-based method.
Standby Loss
    BWC commented that it did not support reporting standby loss based 
on the other functional criteria outlined in September 2023 CCE NOPR, 
as adding that level of complexity would increase the time-burden to 
complete the reporting template according to BWC. (Id.) BWC requested 
that DOE clarify why providing this information would inform DOE or 
consumers regarding the efficiency of electric instantaneous water 
heaters. (BWC, No. 13 at p. 2) Rheem supported DOE's requirement of 
reporting standby loss, whether the water heater initiates heating 
element operation based on a temperature-controlled call for heating 
that is internal to the water heater, whether the water heater includes 
an integral pump purge functionality, and the default duration of the 
pump off delay (for models equipped with integral pump purge) for 
electric instantaneous water heaters with storage volume greater than 
or equal to 10 gallons. Rheem stated its understanding is that this 
information is necessary to properly perform the test procedure at 10 
CFR 431 appendix D for non-storage type instantaneous commercial 
electric instantaneous water heaters. (Rheem, No. 15 at p. 6)
    As noted previously, energy conservation standards for commercial 
electric instantaneous water heaters were updated in the October 2023 
CWH Final Rule to reflect the standards already outlined in EPCA, which 
include both thermal efficiency standards and standby loss standards. 
88 FR 69686. Specifically, EPCA prescribes maximum standby loss 
requirements for electric instantaneous water heaters with a storage 
volume of 10 gallons or more. (42 U.S.C. 6313(a)(5)(D)-(I)). Thus, 
reporting of standby loss is necessary to determine compliance with the 
maximum standby loss standards.
    Furthermore, in response to BWC's comments, DOE notes that the 
reporting of additional functional criteria are

[[Page 82032]]

necessary for DOE to understand how the standby test was conducted for 
each basic model. DOE agrees with Rheem that this information is needed 
to properly perform the standby loss test procedure. DOE has separate 
standby loss tests for internally activated and flow/externally 
activated water heaters. Since the call for heating can be internally 
activated or flow-activated and remote-sensor based thermostatically 
activated (i.e., externally activated), it is necessary for 
manufacturers to certify whether the water heater initiates operation 
based on a temperature-controlled call for heating that is internal to 
the water heater. Within the standby loss test method for flow/
externally activated water heaters, there are separate criteria 
depending on whether the water heater is equipped with an integral pump 
purge. Thus, certification of whether the water heater includes an 
integral pump purge functionality is necessary to understand how the 
standby loss test specifically for flow/externally activated water 
heaters was conducted. Additionally, the pump delay time impacts the 
test time and when the heat exchanger outlet water temperature is 
measured. Thus, certification of the default duration of the pump off 
delay is necessary for models equipped with an integral pump purge.
Storage Volume Determination Method
    BWC commented that it appreciated DOE making the option available 
to report either weight-based or calculation-based storage volume for 
electric instantaneous water heaters, along with confirmation of which 
method was used when reporting. (BWC, No. 13 at p. 2) Rheem commented 
that it supports allowing commercial electric instantaneous water 
heaters (other than storage-type instantaneous water heaters) to use a 
calculation-based method for determining storage volume of electric 
instantaneous water heaters. Rheem noted that there are two references 
in 10 CFR 429.72 to ``Sec.  429.44(c)(3)(iv)-(vii)'' and that the 
second reference should be ``Sec.  429.44(c)(3)(i)-(ii)''. (Rheem, No. 
15 at p. 6)
    DOE agrees with the comments in support of the weight-based and 
calculation-based storage volume determination options and is adopting 
the proposal to allow manufacturers to determine electric instantaneous 
water heater storage volume using either of these two methods. 
Additionally, DOE notes that the reference to ``Sec.  429.44(c)(3)(iv)-
(vii),'' which Rheem suggested should be changed to ``Sec.  
429.44(c)(3)(i)-(ii),'' is not necessary and has been removed from the 
regulatory text.
Storage Capacity Greater Than 10 Gallons
    Rheem recommended that similar to the requirement for commercial 
gas-fired and oil-fired instantaneous water heaters at 10 CFR 
429.44(c)(2)(iv), DOE should add the requirement to declare ``whether 
the water heater includes a storage tank with a storage volume greater 
than or equal to 10 gallons (Yes/No)'' to 10 CFR 429.44(c)(2)(vi) for 
commercial electric instantaneous water heaters with a storage tank 
with storage volume greater than 10 gallons and less than or equal to 
140 gallons. Rheem noted that this question appears in the sample 
template PDF. (Rheem, No. 15 at p. 5)
    DOE agrees that the requirement to declare whether the water heater 
includes a storage tank with a storage volume greater than or equal to 
10 gallons should be included in 10 CFR 429.44(c)(2)(vi) to align the 
certification requirements of commercial electric instantaneous water 
heaters more closely with those for commercial gas-fired and oil-fired 
instantaneous water heaters. Furthermore, this additional certification 
requirement will more clearly enable DOE to understand whether each 
basic model meets the definition of a storage-type instantaneous water 
heater (as set forth in 10 CFR 431.102). Further, the response to this 
question would determine whether testing was conducted according to 
appendix B or D to subpart G at 10 CFR part 431. Therefore, DOE is 
adopting this requirement in this final rule.
Compliance Date
    Rheem commented that it supported DOE requiring the certification 
of commercial electric instantaneous water heaters under EPCA. However, 
Rheem requested clarification on when certification would be required 
and recommended that the certification date be set at the compliance 
date of the most recent standards final rule (i.e., October 6, 2026). 
(Rheem, No. 15 at p. 4) AHRI commented requesting DOE to clarify when 
certification would be required for commercial electric instantaneous 
water heaters as the proposal to include reporting for this equipment 
is based on the May 19, 2022 proposed rule at 87 FR 30610 (``May 2022 
CWH NOPR''), but AHRI noted that there was not any clarity regarding 
when compliance would be required. AHRI noted that the October 2023 CWH 
Final Rule was published on October 6, 2023, with compliance to the 
amended standards required October 6, 2026; however, AHRI noted that 
DOE has stated that compliance for commercial electric instantaneous 
water heaters has been required since January 1, 1994. (AHRI, No. 18 at 
p. 10)
    DOE notes that although compliance with the October 2023 amended 
commercial water heating standards is required on or after October 6, 
2026, compliance with EPCA's standards for electric instantaneous water 
heater standards has been required since January 1, 1994. Since the 
compliance date for electric instantaneous water heater standards has 
passed and DOE does not expect manufacturers to need to conduct 
additional testing for these added certification requirements, DOE does 
not believe that a compliance date of October 6, 2026 is necessary. 
However, DOE recognizes the need for time to adjust to the new 
requirements in this final rule after publication and therefore DOE is 
requiring compliance of the outlined commercial water heating equipment 
210 days after publication of this final rule.
General
    Rheem commented that 10 CFR 429.44(c)(2)(vi) describes 
certification requirements for unfired hot water storage tanks, but the 
proposed requirements for electric instantaneous water heaters were 
inserted above this section and the unfired hot water storage tank 
section was not renumbered within the regulatory text. (Rheem, No. 15 
at p. 4)
    DOE notes that the September 2023 CCE NOPR as well as this final 
rule include amendatory instructions in the regulatory text for 10 CFR 
429.44, which states that paragraph (c)(2)(vi) with requirements for 
unfired hot water storage tanks is renumbered as (c)(2)(viii).
b. Electric Storage Water Heaters
    For commercial electric storage water heaters, in the September 
2023 CCE NOPR, DOE proposed adding a certification requirement for 
rated input to ensure that the input rating of all certified models 
exceeds the 12 kW threshold that is part of the definition of electric 
storage water heaters at 10 CFR 431.102. 88 FR 67458, 67478. DOE 
proposed that manufacturers would be required to comply with the 
certification requirement beginning on the date of the next annual 
filing of certification reports required for CWHs following the 
publication of a final

[[Page 82033]]

rule.\29\ Id. DOE sought comment on its proposal to add a requirement 
for the reporting of rated input for commercial electric storage water 
heaters. Id.
---------------------------------------------------------------------------

    \29\ The annual certification report filings for commercial 
water heating equipment are due on May 1. See 10 CFR 429.12.
---------------------------------------------------------------------------

    BWC stated that it did not support DOE's proposal to add a 
requirement for the reporting of rated input for commercial electric 
storage water heaters. BWC commented that DOE should include a Yes/No 
response in the field looking to confirm an input rating of all 
certified models exceeding the 12 kW threshold that is part of the 
definition of commercial electric storage water heaters, which it said 
would be a practice similar to other reporting requirements for 
commercial water heating equipment. (BWC, No. 13 at p. 2) AHRI 
commented opposing DOE's proposal to add a requirement for the 
reporting of rated input for commercial electric storage water heaters. 
AHRI noted that input rate does not impact the efficiency rating but 
has the potential to increase the number of basic models by a factor of 
at least 10.
    Rheem supported requiring the certification of all available input 
rates for commercial electric storage water heaters and recommended the 
required certification date be set at the compliance date of the most 
recent standards final rule (i.e., October 6, 2026). Rheem noted models 
that can be manufactured with many different input rates are currently 
certified under the same model number, a practice likely due to the 
input rate and thermal efficiency not being certified as well as the 
small effect that input rate would have on standby loss. Rheem 
requested that DOE clarify whether the existing standby loss ratings 
for a model can be applied across all input rates that the model will 
be required to certify. Rheem also requested DOE to clarify what 
constitutes a basic model (i.e., can a basic model include all input 
rates with the individual models having different input rates, or will 
each input rate require a different basic model). (Rheem, No. 15 at p. 
6) ASAP et al. supported the inclusion of input rating as a reporting 
requirement for commercial electric storage water heaters. ASAP et al. 
noted that this requirement would help ensure that equipment certified 
under 10 CFR 429.44 meets the input threshold of 12 kW that is defined 
for commercial equipment. (ASAP et al., No. 14 at p. 2)
    As noted by commenters, DOE is aware that historically some 
manufacturers have certified a range of input capacities under one 
model number. DOE has found that in some cases models were incorrectly 
categorized as commercial equipment when they were below the threshold 
of 12 kW of input necessary to be classified as a commercial water 
heater (and instead should have been categorized as a consumer water 
heater). Typically, this occurred when the range of inputs available 
for the model family extended from below 12 kW to above 12 kW. Thus, in 
the September 2023 CCE NOPR, DOE proposed to require certification of 
input rate for commercial electric water heaters so that DOE could 
verify that the model is correctly categorized. Input rate information 
is needed to determine the correct categorization, both for the purpose 
of determining whether a model is a consumer product or commercial 
equipment and also whether it is instantaneous-type or storage-type 
(which is based on the ratio of input rate to stored volume). However, 
after considering stakeholder comments, DOE is requiring manufacturers 
to certify a ``Yes/No'' for whether the input rate is greater than 12kW 
and ``Yes/No'' for whether the ratio of input rate to stored volume is 
less than 4,000 Btu/h per gallon of stored water. These requirements 
will allow DOE to determine which standards apply to the model 
certified while also minimizing burden on manufacturers by not 
requiring each input rate to be certified separately. DOE is requiring 
compliance of the outlined CWHs certification requirements when 
certifying compliance in accordance with the next annual certification 
report filing date on or after 210 days after publication of this final 
rule.
    In response to Rheem's comment on certifying standby loss across 
all input rates of a model and what constitutes a basic model, DOE 
defines a basic model at 10 CFR 431.102 as all water heaters, hot water 
supply boilers, or unfired hot water storage tanks manufactured by one 
manufacturer within a single equipment class, having the same primary 
energy source (e.g., gas or oil) and that have essentially identical 
electrical, physical and functional characteristics that affect energy 
efficiency. If a group of individual models meets these criteria they 
can be grouped as a single basic model. Specifically with respect to 
input rate, if the manufacturer determines that input rate does not 
affect energy efficiency, then models with different input rates may be 
grouped under a single basic model if they also are in the same 
equipment class.
Storage Capacity Greater Than 140 Gallons
    AHRI commented that commercial electric storage water heaters 
greater than or equal to 140 gallons are not subject to standards but 
require confirmation they meet the design requirement of jacket 
insulation that is >= R-12.5. AHRI commented there is also no standby 
loss testing required for this equipment and details regarding the 
input rate are not needed as this is an assigned rating, rather than a 
tested value. AHRI commented asking if rather than reporting an input 
capacity number, the field response could be Y/N to indicate equipment 
class. (AHRI, No. 18 at p. 10) During the NOPR public meeting, AHRI 
commented that the draft certification template seemed to suggest that 
additional information might be reported for the rated input kilowatt-
hours for capacities greater than 140 gallons and asked if this 
requirement was applicable to all products or products less than or 
equal to 140 gallons only. (AHRI, Public Meeting Transcript, No. 6 at 
pp. 31-34)
    Rheem commented that commercial electric storage water heaters are 
divided into two groups: less than or equal to 140 gallons and greater 
than 140 gallons, but 10 CFR 429.44(c)(2)(iii) does not require the 
rated input for commercial water heaters with storage volumes greater 
than 140 gallons to always be reported and does not have the 
appropriate units for electric equipment. Rheem additionally commented 
that the draft certification template states, ``For models with a 
storage capacity greater than 140 gallons only, enter the Rated Input 
in kilowatts (kW) in the cells below. This should be a decimal number 
greater than zero.'' Therefore, Rheem commented that the template only 
requires rated input be reported for greater than 140 gallons, which 
does not reflect the proposed language in either 10 CFR 429.44(c)(2)(i) 
or (iii). (Rheem, No. 15 at pp. 6-7)
    Rheem also requested that DOE evaluate whether certification 
requirements for ``commercial water heaters and hot water supply 
boilers with storage capacity greater than 140 gallons'' at 10 CFR 
429.44(c)(2)(iii) should be updated to include units for electric 
equipment as well as the units already required for gas and oil-fired 
equipment. (Rheem, No. 15 at p. 5)
    In response to AHRI's comment, DOE clarifies that commercial 
electric storage water heaters greater than or equal to 140 gallons are 
required to report standby loss, measured storage volume, and rated 
input if the tank surface area is not thermally insulated to R-12.5 or

[[Page 82034]]

more, with the R-value as defined in Sec.  431.102. Therefore, the 
rated input requirements will apply to all storage water heater 
products, including those greater than 140 gallons, to allow for 
verification of correct equipment classification as discussed and the 
template will be updated accordingly. In addition, 10 CFR 
429.44(c)(2)(iii) is applicable to electric equipment and this final 
rule updates the requirements to reflect the correct units, including 
standby loss in percent per hour and rated input in kilowatts.
Storage Capacity Terminology
    Rheem commented that ``storage capacity'' is used throughout 10 CFR 
429.44 when describing the 10- and 140-gallon thresholds, but stated it 
is not clear whether rated storage volume or measured storage volume 
should be used to make these determinations. Rheem requested that DOE 
clarify within 10 CFR 429.44 which volume value should be used. Rheem 
stated that its understanding was that measured storage volume is used 
for electric water heaters and rated storage volume is used for gas and 
oil-fired water heaters and recommended that ``storage capacity'' be 
amended to align with the required certification volume. (Rheem, No. 15 
at p. 4)
    In response to Rheem's comment, DOE clarifies that standards for 
gas and oil-fired CWHs are a function of ``rated storage volume'' and 
standards for electric CWHs are a function of ``measured storage 
volume.'' (See 10 CFR 431.110.) Thus, DOE agrees with Rheem's suggested 
approach to specify either measured or rated storage volume, as 
applicable based on the fuel type (rated storage volume for gas/oil and 
measured storage volume for electric), rather than use the term 
``storage capacity.'' This change will clarify the appropriate volume 
to use when determining how to apply the thresholds and will align with 
standards structure.
Hot Water Supply Boilers
    Rheem recommended that DOE clarify whether electric hot water 
supply boilers are covered by the energy conservation standards at 10 
CFR 431.110(a) and, if so, amend the certification requirements to 
include hot water supply boilers in sections 10 CFR 429.44(c)(2)(vi)-
(vii). Rheem commented that a hot water supply boiler is defined as a 
packaged boiler at 10 CFR 431.102 and a packaged boiler is defined at 
10 CFR 431.82, but neither definition includes a description of the 
fuel type; therefore, within the definitions of the CFR, an electric 
hot water supply boiler can exist. (Rheem, No. 15 at p. 5)
    DOE agrees that the definition for a hot water supply boiler at 10 
CFR 431.102 does not specify a fuel type, thus including electric hot 
water supply boilers in the definition. However, the inclusion of hot 
water supply boiler standards for gas-fired and oil-fired hot water 
supply boilers in 10 CFR 431.110(a) stem from their coverage in ASHRAE 
90.1. DOE established these standards in a final rule published in 
2001, which adopted the standard levels for gas-fired and oil-fired hot 
water supply boilers in ASHRAE 90.1-1989. 66 FR 3336. The current 
version of ASHRAE 90.1 (i.e., ASHRAE 90.1-2023) still only covers 
standards for gas- and oil-fired hot water supply boilers and EPCA does 
not prescribe any standards at 42 U.S.C. 4313. Thus, electric hot water 
supply boilers are not covered by the standards in 431.110(a) and it is 
therefore not necessary to establish certification requirements for 
electric hot water supply boilers.
    For the reasons discussed in the preceding paragraphs and the 
September 2023 CCE NOPR, DOE is adopting the certification reporting 
requirements for electric CWH as proposed in the September 2023 CCE 
NOPR, with the amendments discussed in the preceding sections.
2. Reporting Costs and Impacts
    In the September 2023 CCE NOPR, DOE proposed to align the 
certification reporting requirements for commercial electric 
instantaneous water heaters (except for residential-duty commercial 
electric instantaneous water heaters) with the energy conservation 
standards for such equipment as required by EPCA, and as codified at 10 
CFR 431.110 by the October 2023 CWH Final Rule. 88 FR 69686, 69699.
    In the September 2023 CCE NOPR, DOE noted that manufacturers of 
commercial electric instantaneous water heaters (except for 
residential-duty commercial electric instantaneous water heaters) do 
not currently report any information about the performance or 
characteristics of such equipment, but would be required to report 
thermal efficiency, storage volume, rated input, and whether the 
storage volume is determined using a weight-based test (in accordance 
with 10 CFR 431.106) or the calculation-based method (in accordance 
with 10 CFR 429.72(e)) under the proposals discussed in the September 
2023 CCE NOPR. 88 FR 67458, 67479.
    Additionally, for electric instantaneous water heaters with storage 
volume greater than or equal to 10 gallons (and thus subject to a 
standby loss standard), DOE noted that manufacturers would also be 
required to report standby loss, whether the water heater initiates 
heating element operation based on a temperature-controlled call for 
heating that is internal to the water heater, whether the water heater 
includes an integral pump purge functionality, and the default duration 
of the pump off delay (for models equipped with integral pump purge) 
under the proposals of the September 2023 CCE NOPR. Id.
    In the September 2023 CCE NOPR, DOE noted that any manufacturer of 
commercial electric instantaneous water heaters would be required to 
begin submitting certification reports under the proposed reporting 
requirements discussed in the September 2023 CCE NOPR. Id. Costs 
associated with the proposed updates to reporting requirements were 
discussed in section IV.C of the September 2023 CCE NOPR. 88 FR 67458, 
67495.
    In the September 2023 NOPR, DOE also proposed to amend the 
certification reporting requirements for commercial electric storage 
water heaters to require manufacturers to report rated input. 88 FR 
67458, 67479.
    In the September 2023 NOPR, DOE tentatively determined that the 
proposed amendments would not impose additional costs for manufacturers 
of commercial electric storage water heaters because they are already 
submitting certification reports to DOE and should have readily 
available the information that DOE is proposing to collect as part of 
this rulemaking. Id. DOE stated that it did not believe the revised 
reporting requirements would cause any appreciable change in reporting 
burden or hours as compared to what commercial electric storage water 
heaters manufacturers are currently doing today, but DOE requested 
comment on the certification reporting costs. Id.
    Rheem commented that it did not expect certification and reporting 
costs for commercial electric storage water heaters to increase because 
of the proposed requirement to report rated input rate. Rheem commented 
that if additional standby loss testing is required, then the testing 
and certification costs would be significant. Rheem additionally 
commented that for commercial electric instantaneous water heaters, if 
DOE requires testing of thermal efficiency, then the certification and 
reporting costs would be significant. (Rheem, No. 15 at p. 7)
    As discussed previously, the thermal efficiency for electric 
instantaneous

[[Page 82035]]

water heaters should be certified as 98 percent as specified in the 
standby loss test procedure, which would not require testing. 
Additionally, DOE notes that standby loss testing and certification of 
electric storage water heaters is already required at 10 CFR 
429.44(c)(2)(i) and in some instances 10 CFR 429.44(c)(2)(iii).
    In this final rule, DOE makes a final determination that the 
amendments to the reporting requirements for electric storage CWHs 
would not cause any measurable change in reporting burden or hours for 
CWH manufacturers. DOE also makes a final determination that the new 
reporting requirements for electric instantaneous CWHs would have an 
associated cost which are discussed in section IV.C of this document.
    Compliance with the amended reporting requirements for electric 
storage CWHs is not required until the next annual certification report 
filing date on or after 210 days after publication of this final rule. 
Compliance with the new reporting requirements for electric 
instantaneous CWHs is required 210 days after publication of this final 
rule.

M. Automatic Commercial Ice Makers

    DOE is amending the reporting requirements for ACIMs, which are 
factory-made assemblies (not necessarily shipped in 1 package) that (1) 
consist of a condensing unit and ice-making section operating as an 
integrated unit, with means for making and harvesting ice; and (2) may 
include means for storing ice, dispensing ice, or storing and 
dispensing ice. 10 CFR 431.132. In the November 1, 2022 Automatic 
Commercial Ice Maker Test Procedure Final Rule (``November 2022 ACIM 
Final Rule''), DOE replaced the terms ``maximum energy use'' and 
``maximum condenser water use'' with ``energy use'' and ``condenser 
water use,'' respectively, for ACIMs. 87 FR 65856, 56892. Consistent 
with that rulemaking, DOE is adopting amendments to the reporting 
requirements for ACIMs.
1. Reporting
    Under the existing requirements in 10 CFR 429.45, manufacturers 
must report maximum energy use in kWh per 100 pounds of ice, maximum 
condenser water use in gallons per 100 pounds of ice, harvest rate in 
pounds of ice per 24 hours, type of cooling, and equipment type. 10 CFR 
429.45(b)(2). These requirements provide for certifying compliance with 
the standards applicable to ACIMs manufactured on or after January 28, 
2018. 10 CFR 431.136(c) and (d). DOE is updating these requirements and 
aligning the reporting requirements with the November 2022 ACIM Final 
Rule and adopting general certification requirements for ACIMs. DOE 
discusses these updates in the sections as follows.
a. Energy and Water Condenser Use
    For ACIMs, the current reporting requirements include maximum 
energy use in kWh per 100 pounds of ice and maximum condenser water use 
in gallons per 100 pounds of ice. 10 CFR 429.45(b)(2). In the November 
2022 ACIM Final Rule, DOE determined that the reference to ``maximum 
energy use'' and ``maximum condenser water use'' in 10 CFR 429.45 could 
be misinterpreted to refer to the energy and water conservation 
standard levels for that basic model (i.e., the maximum allowable 
energy and maximum allowable condenser water use), as opposed to the 
tested performance. 87 FR 65856, 65891. Therefore, in the November 2022 
ACIM Final Rule, for consistency and clarity, DOE replaced the term 
``maximum energy use'' with the term ``energy use'' and the term 
``maximum condenser water use'' with the term ``condenser water use.'' 
Id. at 87 FR 65892. In addition, values of both energy and condenser 
water consumption are relevant for ACIMs. Id. at 87 FR 65891. As such, 
DOE modified the language at 10 CFR 429.45 to specify expressly that 
the sampling plan at 10 CFR 429.45(a)(2)(i) applies both to measures of 
energy and condenser water use for which consumers would favor lower 
values. Id. at 87 FR 65892.
    Similarly, 10 CFR 431.132 included a definition for the term 
``maximum condenser water use.'' This language may also be 
misinterpreted to refer to the condenser water conservation standard 
level for a basic model as opposed to the tested condenser water use. 
Therefore, in the November 2022 ACIM Final Rule, DOE modified the term 
and definition of ``maximum condenser water use'' to instead refer to 
the term ``condenser water use.'' Id.
    In the November 2022 ACIM Final Rule, DOE did not revise the 
reporting requirements in 10 CFR 429.45 to remove the term ``maximum'' 
and align the requirements with the newly adopted definitions for 
``energy use'' and ``condenser water use.'' Id. at 87 FR 65897. As a 
result, in the September 2023 CCE NOPR, DOE proposed to update the 
reporting requirements to specify ``energy use'' and ``condenser water 
use.'' 88 FR 67458, 67479. DOE requested comment on its proposal to 
align ACIM reporting requirement terminology with the amended terms. 
Id.
    AHRI supported DOE's proposal to replace the terms ``maximum energy 
use'' and ``maximum condenser water use'' with ``energy use'' and 
``condenser water use,'' respectively, for ACIMs. (AHRI, No. 18 at p. 
11)
    AHAM commented it did not have objections to the proposals in the 
September 2023 CCE NOPR concerning reporting requirements for ACIMs as 
they are currently defined. However, AHAM restated its objection to 
DOE's inclusion of residential icemakers within the scope of the ACIMs 
energy conservation standard proposed rulemaking. (AHAM, No. 16 at pp. 
5-6; AHAM, Public Meeting Transcript, No. 6 at p. 38) AHAM added that 
if DOE does include residential ice makers within the scope of the 
ACIMs rulemaking, AHAM may have additional comments on the proposed and 
existing reporting requirements and/or the other applicable compliance 
and enforcement provisions. (AHAM, No. 16 at pp. 5-6)
    DOE acknowledges the comments from AHAM regarding the separate 
proposed energy conservation standards rulemaking for ACIMs but notes 
that DOE has not established energy conservation standards for low-
capacity ACIMs.
    Therefore, DOE is not establishing reporting requirements for this 
category of ACIMs but would consider establishing such reporting 
requirements if DOE establishes energy conservation standards in the 
future. Otherwise, for the reasons discussed in the preceding 
paragraphs and the September 2023 CCE NOPR, in this final rule, DOE is 
adopting the amendments as proposed in the September 2023 CCE NOPR.
b. Rounding Requirements
    DOE currently requires test results for ACIMs to be rounded, as 
outlined in the ACIMs test procedure. 10 CFR 431.134(g). However, the 
certification requirements in 10 CFR 429.45 do not specify how values 
calculated in accordance with 10 CFR 429.45(a) would be rounded for 
reporting per 10 CFR 429.45(b). To ensure consistency among ACIM 
certification reports, in the September 2023 CCE NOPR, DOE proposed 
that any reported values be rounded consistent with the rounding 
requirements for individual test results. 88 FR 67458, 67479. 
Specifically, DOE proposed to require that reported values be rounded 
as follows: energy use to the nearest 0.01 kWh/100 lb, condenser water 
use to the nearest gal/100 lb, and harvest rate to the nearest 1 lb/24 
h (for ACIMs with harvest rates greater than 50 lb/24 h) or to the 
nearest 0.1 lb/24

[[Page 82036]]

h (for ACIMs with harvest rates less than or equal to 50 lb/24 h). Id. 
DOE requested comment on its proposal to establish rounding 
requirements for ACIMs. Id. at 88 FR 67480.
    AHRI commented asking if the draft template column headers and 
product codes had been updated to include the new smaller size 
categories (i.e., low-capacity ACIMs). AHRI cited directions in the 
draft template for the Harvest Rate column to ``Enter the Harvest Rate 
in pounds of ice per 24 hours in the cells below. This should be a 
decimal number greater than zero.'' and asked if the reported harvest 
rate should be 0.1 lb/24 hr for ACIMs with harvest rates less than or 
equal to 50 lbs/24 hr and the nearest 1 lb/24 hr for ACIMs with harvest 
rates greater than 50 lb/24 h. (AHRI, No. 18 at p. 11)
    In response to AHRI's comment, DOE has not established energy 
conservation standards for low-capacity ACIMs. Accordingly, DOE is not 
establishing specific rounding instructions or product group codes for 
certifying compliance for such equipment. DOE would consider 
establishing such provisions should DOE establish energy conservation 
standards for this equipment in the future.
    For the reasons discussed in the preceding paragraphs and the 
September 2023 CCE NOPR, in this final rule, DOE is adopting these 
amendments as proposed in the September 2023 CCE NOPR, except that DOE 
is not establishing rounding requirements for low-capacity ACIMs.
c. Sampling Corrections
    DOE's sampling provisions for ACIMs state that any represented 
value of energy use, condenser water use, or other measure of 
consumption of a basic model for which consumers would favor lower 
values shall be greater than or equal to the higher of the mean of the 
sample, or the upper 95-percent confidence limit of the true mean 
divided by 1.10. 10 CFR 429.45(a)(2). The sampling provisions also 
state that the UCL should be calculated using the Student's t-
Distribution Values for Certification Testing for a 95-percent two-
tailed confidence interval with n-1 degrees of freedom from appendix A, 
where ``n'' is the number of samples. Id. However, appendix A outlines 
Student's t-Distribution Values that are based on a one-tailed 
confidence interval, rather than the two-tailed confidence interval 
specified in 10 CFR 429.45(a)(2)(ii). To correct this discrepancy, in 
the September 2023 CCE NOPR, DOE proposed to revise 10 CFR 
429.45(a)(2)(ii) to specify that the UCL should be calculated using the 
Student's t-Distribution Values for Certification Testing for a 95-
percent one-tailed confidence interval outlined in appendix A. 88 FR 
67458, 67480. DOE requested comment on its proposal to correct the 
sampling provisions for ACIMs. Id.
    During the NOPR public meeting, AHRI asked if the sampling 
provisions would impact any non-efficiency features such as capacity or 
bin volume. AHRI also asked if the sampling requirements would impact 
manufacturers' ability to rate conservatively. (AHRI, Public Meeting 
Transcript, No. 6 at pp. 38-39) AHAM also asked if ``one-sided'' 
confidence interval was the same as ``one-tailed'' confidence interval 
because AHAM had observed that both terms were used interchangeably. 
(AHAM, Public Meeting Transcript, No. 6 at p. 40)
    In the NOPR public meeting, DOE responded that the intent of the 
proposal is for an energy consumption rating, or any rating, for which 
consumers would prefer lower values. (DOE, Public Meeting Transcript, 
No. 6 at pp. 39-40) A one-tailed interval provides a reasonable 
assurance to the consumer that the rating, as determined based on the 
tested sample, limits the potential value of rated energy use based on 
the test sample. Therefore, it is intended to provide a conservative 
rating and does not impact any non-efficiency features. DOE also 
confirmed that the ``one-sided'' confidence interval was the same as 
``one-tailed'' confidence interval. (Id. at p. 40)
    For the reasons discussed in the preceding paragraphs and the 
September 2023 CCE NOPR, in this final rule, DOE is adopting these 
amendments as proposed in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
    In the September 2023 CCE NOPR, DOE proposed to align ACIM 
certification reporting requirements with the amended terms adopted in 
the November 2022 ACIM Final Rule. 88 FR 67458, 67480. For ACIMs, 
manufacturers currently report maximum energy use and maximum condenser 
water use and would report energy use and condenser water use under the 
amended requirements, which are substantially similar to the previous 
requirement as discussed in the September 2023 CCE NOPR. Id.
    In the September 2023 CCE NOPR, DOE tentatively determined that 
these proposed amendments would not impose additional costs for 
manufacturers because manufacturers of ACIMs are already submitting 
certification reports to DOE containing these values and should have 
readily available the information that DOE proposed to collect. Id. DOE 
stated that it did not believe the revised reporting requirements would 
cause any appreciable change in reporting burden or hours as compared 
to what ACIM manufacturers are doing currently, but DOE requested 
comment on the certification reporting costs. Id.
    AHRI commented that the certification reporting amendments proposed 
for ACIMs will involve costs to manufacturers and related burden to 
report to DOE because products in the new smaller harvest rate 
category--below 50 lbs/24 h--are not in the AHRI ACIM Certification 
Program. (AHRI, No. 18 at p. 11)
    In response to AHRI's comment, as stated previously, DOE is not 
establishing certification requirements for low-capacity ACIMs as DOE 
has not established energy conservation standards for this equipment 
category. Therefore, in this final rule, DOE makes a final 
determination that the amendments to the reporting requirements for 
ACIMs would not cause any measurable change in reporting burden or 
hours for ACIM manufacturers. Compliance with these reporting 
requirements is not required until the next annual certification report 
filing date on or after 210 days after publication of this final rule.

N. Walk-In Coolers and Freezers

    DOE is amending the reporting requirements for walk-in coolers and 
walk-in freezers (``walk-ins''), which are enclosed storage spaces 
including, but not limited to, panels, doors, and refrigeration system, 
refrigerated to temperatures, respectively, above and at or below 32 
[deg]F that can be walked into and have a total chilled storage area of 
less than 3,000 square feet. The terms ``walk-in cooler'' and ``walk-in 
freezer'' do not include products designed and marketed exclusively for 
medical, scientific, or research purposes. 10 CFR 431.302. In the test 
procedure final rule published on May 4, 2023 (``May 2023 Walk-ins TP 
Final Rule''), DOE amended the test procedure provisions for walk-ins. 
88 FR 28780. Consistent with the May 2023 Walk-ins TP Final Rule, DOE 
is adopting amendments to the reporting requirements in this final 
rule.
1. Reporting
    Under the existing requirements in 10 CFR 429.53, manufacturers 
must report the following public information:
    (1) For all walk-in doors: the door type, R-value of the door 
insulation, a declaration that the manufacturer has

[[Page 82037]]

incorporated the applicable design requirements, door energy 
consumption, and rated surface area in square feet. 10 CFR 
429.53(b)(2)(i) and (b)(3)(i).
    (2) For walk-in doors with transparent reach-in doors and windows, 
the glass type of the doors and windows (e.g., double-pane with heat 
reflective treatment, triple-pane glass with gas fill), and the power 
draw of the antisweat heater in watts per square foot of door opening. 
10 CFR 429.53(b)(i).
    (3) For walk-in panels: the insulation R-value. 10 CFR 
429.53(b)(ii).
    (4) For walk-in refrigeration systems: the installed motor's 
function purpose (i.e., evaporator fan motor or condenser fan motor), 
its rated horsepower, a declaration that the manufacturer has 
incorporated the applicable walk-in-specific design requirements into 
the motor, annual walk-in energy factor (``AWEF''), net capacity, the 
configuration tested for certification (e.g., condensing unit only, 
unit cooler only, single-packaged dedicated system, or matched pair), 
and if an indoor dedicated condensing unit is also certified as an 
outdoor dedicated condensing unit (and, if so, the basic model number 
for the outdoor dedicated condensing unit). 10 CFR 429.53(b)(2)(iii), 
(b)(3)(ii), (b)(5).
    Under the existing requirements in 10 CFR 429.53, manufacturers 
must report the following non-public information for all walk-in doors: 
(1) rated power of each light, heater wire, and/or other electricity 
consuming device; and (2) whether such device(s) has/have a timer, 
control system, or other demand-based control that reduces the device's 
power consumption. 10 CFR 429.53(b)(4)(i).
    These requirements provide for certifying compliance with the 
standards applicable to walk-in doors, panels, and medium temperature 
dedicated condensing units (including medium-temperature single-
packaged dedicated systems and matched pairs) manufactured on or after 
June 5, 2017 and with the standards applicable to walk-in low-
temperature dedicated condensing units (including low-temperature 
single-packaged dedicated systems and matched pairs), low-temperature 
unit coolers, and medium-temperature unit coolers manufactured on or 
after July 10, 2020. DOE is updating these requirements and aligning 
the reporting requirements with the May 2023 Walk-ins TP Final Rule. 
DOE discusses these updates in the sections as follows.
a. Combining the Publicly Required Reporting Requirements in 10 CFR 
429.53(b)(2), 429.53 (b)(3), and 429.53(b)(5)
    The current reporting requirements at 10 CFR 429.53(b) specify 
public reporting requirements in three paragraphs--(b)(2), (b)(3), and 
(b)(5)--based on whether the reporting requirement was submitted before 
or after June 5, 2017. Given this date has passed, in the September 
2023 CCE NOPR, DOE proposed to combine the public product-specific 
reporting requirements at 10 CFR 429.53(b)(2) and moving the non-public 
product-specific reporting requirements from 10 CFR 429.53(b)(4) to 10 
CFR 429.53(b)(3). 88 FR 67458, 67480. DOE requested comment on these 
proposed changes. Id.
    DOE did not receive any comments on its proposal to combine the 
public product-specific reporting requirements for walk-ins. For the 
reasons discussed in the preceding paragraph and in the September 2023 
CCE NOPR, DOE is adopting these amendments as proposed in the September 
2023 CCE NOPR.
b. CO<INF>2</INF> Systems
    DOE has granted waivers to Heat Transfer Products Group, Hussmann, 
KeepRite, and RefPlus for an alternate test procedure for specific unit 
cooler basic models that utilize CO<INF>2</INF> as a refrigerant.\30\ 
The alternate test procedure provided in these waivers modifies the 
test condition values to reflect typical operating conditions for a 
transcritical \31\ CO<INF>2</INF> booster system. Specifically, the 
waiver test procedures require that CO<INF>2</INF> unit cooler testing 
is conducted at a liquid inlet saturation temperature of 38 [deg]F and 
a liquid inlet subcooling temperature of 5 [deg]F.
---------------------------------------------------------------------------

    \30\ HTPG Decision and Order, 86 FR 14887 (March 19, 2021); 
Hussmann Decision and Order, 86 FR 24606 (May 7, 2021); KeepRite 
Decision and Order, 86 FR 24603 (May 7, 2021); RefPlus Interim 
Waiver, 86 FR 43633 (Aug. 10, 2021).
    \31\ CO<INF>2</INF> refrigeration systems are transcritical 
because the high-temperature refrigerant that is cooled by ambient 
air is in a supercritical state, above the 87.8 [deg]F critical 
point temperature, above which the refrigerant cannot exist as 
separate vapor and liquid phases.
---------------------------------------------------------------------------

    In the May 2023 Walk-ins TP Final Rule, DOE amended appendix C to 
include the alternate test conditions specified in the waivers. DOE 
also adopted these requirements into the new appendix C1. 88 FR 28780, 
28809. Additionally, in the May 2023 Walk-ins TP Final Rule, DOE 
defined a ``CO<INF>2</INF> unit cooler'' as ``a unit cooler that 
includes a nameplate listing only CO<INF>2</INF> as an approved 
refrigerant.'' 88 FR 28780, 28790.
    Accordingly, in the September 2023 CCE NOPR, DOE proposed to amend 
the public reporting requirements at 10 CFR 429.53(b)(2)(iii) to 
require that manufacturers report whether a given basic model meets the 
definition of a CO<INF>2</INF> unit cooler as defined in the May 2023 
Walk-ins TP Final Rule. 88 FR 67458, 67481 (see also, 10 CFR 431.302). 
DOE also proposed that manufacturers would be required to comply with 
the reporting requirement beginning on the next certification report 
annual filing date required for walk-in components following the 
publication of this final rule.\32\ Id. DOE requested comments on its 
proposal to require reporting of whether a basic model meets the 
definition of a CO<INF>2</INF> unit cooler. Id.
---------------------------------------------------------------------------

    \32\ The annual certification report filings for walk-ins are 
due no later than August 1. See 10 CFR 429.12, Table 1 to paragraph 
(d).
---------------------------------------------------------------------------

    DOE did not receive any comments on its proposal to require 
reporting of whether a basic model meets the definition of a 
CO<INF>2</INF> unit cooler. For the reasons discussed in the preceding 
paragraphs and the September 2023 CCE NOPR, DOE is adopting these 
amendments as proposed in the September 2023 CCE NOPR.
    DOE did receive comments specific to its proposal regarding 
labeling of CO<INF>2</INF> unit coolers. These comments are discussed 
in section III.N.3.
c. Detachable Single-Packaged Dedicated Systems and Attached Split 
Systems
    In the May 2023 Walk-ins TP Final Rule, DOE defined a ``detachable 
single-packaged dedicated system'' as a system consisting of a 
dedicated condensing unit and an insulated evaporator section in which 
the evaporator section is designed to be installed external to the 
walk-in enclosure and circulating air through the enclosure wall, and 
the condensing unit is designed to be installed either attached to the 
evaporator section or mounted remotely with a set of refrigerant lines 
connecting the two components. 88 FR 28780, 28790. Since detachable 
single-packaged dedicated systems have thermal losses similar to those 
for single-packaged dedicated systems, DOE adopted the air enthalpy 
test method for single-packaged dedicated systems in the May 2023 Walk-
ins TP Final Rule. 88 FR 28780, 28815-28816.
    Additionally, DOE defined an ``attached split system'' in the May 
2023 Walk-ins TP Final Rule as a matched pair refrigeration system that 
is designed to be installed with the evaporator entirely inside the 
walk-in enclosure and the condenser entirely outside the walk-in 
enclosure, where

[[Page 82038]]

the evaporator and condenser are permanently connected with structural 
members extending through the walk-in wall. 88 FR 28780, 28790. DOE has 
confirmed through testing that these systems still experience some heat 
leakage when compared to traditionally installed systems that have the 
dedicated condensing unit and the unit cooler in separate housings. 
This heat leakage has not been fully studied, however, so in the May 
2023 Walk-ins TP Final Rule, DOE specified that these systems should be 
tested as a matched pair using refrigerant enthalpy methods. 88 FR 
28780, 28816.
    Although both detachable single-packaged dedicated systems and 
attached split systems would be considered a ``single-packaged 
dedicated system,'' the two would be tested differently. Some of the 
previously discussed test procedure waivers specify basic models that 
meet the definition of a detachable single-packaged dedicated system or 
an attached split system. To ensure appropriate testing and consistent 
reporting, it is important that these models be identified during 
certification.
    Accordingly, in the September 2023 CCE NOPR, DOE proposed to amend 
the public reporting requirements at 10 CFR 429.53(b)(2)(iii) to 
require that manufacturers report whether a given basic model meets the 
definition of a ``detachable single-packaged dedicated system'' or an 
``attached split system'' as defined in the May 2023 Walk-ins TP Final 
Rule. 88 FR 67458, 67481. DOE also proposed that manufacturers would be 
required to comply with the proposed reporting requirement beginning on 
the next certification report annual filing date required for walk-in 
components following the publication of this final rule and requested 
comment on this topic. Id. DOE requested comment on these proposed 
requirements. Id.
    DOE did not receive any comments on its proposal to require the 
reporting of whether a basic model meets the definition of a detachable 
single-packaged dedicated system or an attached split system. For the 
reasons discussed in the preceding paragraphs and the September 2023 
CCE NOPR, DOE is adopting these amendments as proposed in the September 
2023 CCE NOPR.
d. Flooded Head Pressure Control
    In the May 2023 Walk-ins TP Final Rule, DOE adopted refrigerant 
charging provisions for walk-in dedicated condensing systems that use 
valves to ``flood'' the condenser with liquid refrigerant to maintain 
sufficiently high condensing temperature under cold air temperatures. 
88 FR 28780, 28804-28806. Specifically, DOE noted that charging in the 
``C'' test condition rather than the ``A'' test condition is 
appropriate for dedicated condensing systems (dedicated condensing 
units, matched systems, and single-packaged dedicated systems) that use 
a flooded condenser design. Id. However, for dedicated condensing 
systems that use fan controls to maintain condensing temperature for 
low ambient operating conditions, the test procedure specifies charging 
at the ``A'' test condition. 88 FR 28780, 28804-28806.
    Accordingly, in the September 2023 CCE NOPR, DOE proposed to amend 
the non-public reporting requirements at 10 CFR 429.53(b)(3)(ii) \33\ 
to require that manufacturers report whether a given dedicated 
condensing system basic model is sold with flooded head pressure 
controls for maintaining condensing temperature at low ambient 
temperatures. 88 FR 67458, 67481. DOE also proposed that manufacturers 
would be required to comply with the reporting requirement beginning on 
the next certification report annual filing date required for walk-in 
components following the publication of this final rule and requested 
comment on this topic. Id. DOE requested comment on this proposed 
requirement. Id.
---------------------------------------------------------------------------

    \33\ Note that currently 10 CFR 429.53(b)(3) specifies public 
reporting requirements. In this final rule, DOE is revising 10 CFR 
429.53(b) such that paragraph (b)(2) specifies the public reporting 
requirements and paragraph (b)(3) specifies non-public reporting 
requirements.
---------------------------------------------------------------------------

    DOE did not receive any comments on its proposal to require the 
reporting of whether a dedicated condensing system basic model includes 
flooded head pressure controls. For the reasons discussed in the 
preceding paragraphs and the September 2023 CCE NOPR, DOE is adopting 
these amendments as proposed in the September 2023 CCE NOPR.
e. Compressor Break-In
    Although the DOE test procedure for walk-in refrigeration systems 
does not require a compressor ``break-in'' period, DOE recognizes that 
walk-in refrigeration manufacturers may routinely break-in the 
refrigeration system compressor for some time prior to conducting 
testing. This break-in period can reduce variation in compressor 
performance.
    In a CAC/HPs test procedure final rule published June 8, 2016, DOE 
noted that the most significant improvements in both compressor 
performance and reduction in variation among compressor models occur 
during roughly the first 20 hours of run time. 81 FR 36992, 37034. 
Ultimately, DOE adopted the provision to limit the optional break-in 
period to 20 hours to achieve the most uniform compressor performance 
while limiting test burden. Id. DOE additionally included provisions 
for manufacturers to have the option to report the use of a break-in 
period and its duration as part of the test data underlying their 
product certifications, the use of the same break-in period specified 
in product certifications for testing conducted by DOE, and the use of 
the 20 hours break-in period for products certified using an AEDM. 81 
FR 36992, 37033.
    Other DOE-regulated equipment (e.g., air-cooled unitary air 
conditioners and heat pumps (``CUACs and CUHPs''), DX-DOASes, CRACs, 
etc.) include required or optional provisions for compressor break-in 
either as part of the test procedure or as a certification option, so 
that any potential enforcement testing uses conditions similar to those 
used for rating a given unit. Whether required or optional, break-in 
duration is limited to a maximum of 20 hours for dedicated outdoor air 
supply units, SPVUs, and CUACs.
    Accordingly, in the September 2023 CCE NOPR, DOE proposed to amend 
the non-public reporting requirements at 10 CFR 429.53(b)(3)(ii) \34\ 
to provide an option for manufacturers to report the compressor break-
in period, in hours, used to obtain a basic model's certified rating; 
however, the break-in duration may not exceed 20 hours in length. 88 FR 
67458, 67482. DOE also proposed that manufacturers would be required to 
comply with the reporting requirement beginning on the next 
certification report annual filing date required for walk-in components 
following the publication of this final rule and requested comment on 
this topic. Id. DOE requested comment on its proposal to provide an 
option for manufacturers to report compressor break-in duration. Id.
---------------------------------------------------------------------------

    \34\ Note that currently 10 CFR 429.53(b)(3) specifies public 
reporting requirements. In this final rule, DOE revising 10 CFR 
429.53(b) such that paragraph (b)(2) specifies public reporting 
requirements and paragraph (b)(3) specifies non-public reporting 
requirements.
---------------------------------------------------------------------------

    DOE did not receive any comments on its proposal to amend the 
reporting requirements and provide an option for manufacturers to 
report compressor break-in. For the reasons discussed in the preceding 
paragraphs and the September 2023 CCE NOPR, DOE is adopting these 
amendments as proposed in the September 2023 CCE NOPR.

[[Page 82039]]

f. Supplemental Testing Instructions
    As discussed previously, DOE requires manufacturers of covered 
commercial HVAC equipment to submit supplemental information regarding 
additional testing instructions, if applicable, and they must also 
specify which, if any, special features were included to rate a basic 
model. DOE also requires supplemental testing instructions from 
manufacturers of commercial warm air furnaces (see 10 CFR 
429.41(b)(4)), commercial refrigeration equipment (see 10 CFR 
429.42(b)(4)), and commercial water heating equipment (see 10 CFR 
429.44(c)(4)). The supplemental information submitted in PDF format 
provides information to allow for third-party laboratories to complete 
a valid test according to the DOE test procedure.
    Consistent with its requirements for other commercial equipment, in 
the September 2023 CCE NOPR, DOE proposed to require that, if such 
information would be needed for a third party to independently run a 
valid test, manufacturers must submit supplemental testing instructions 
at the time each basic model is certified. 88 FR 67458, 67482. 
Supplemental testing instructions for walk-ins might include (but are 
not limited to) specific charging instructions, control of fan cycling 
at specific test conditions, and type of expansion valve. Consistent 
with the supplemental testing instructions DOE has established for 
other commercial equipment, DOE noted in the September 2023 CCE NOPR 
that any supplemental information for testing walk-ins would need to be 
consistent with manufacturer installation instructions associated with 
the equipment under test. See section 3.2.6 of appendix C to subpart R 
of 10 CFR part 431 and section 3.5.2.4 of appendix C1 to subpart R of 
10 CFR part 431. DOE further noted in the September 2023 CCE NOPR that 
prior to testing any walk-in refrigeration system basic model under its 
enforcement provisions, DOE would determine if supplemental testing 
instructions were included with certification of the basic model. If 
supplemental testing instructions were included with certification, DOE 
would review these instructions and compare them to the manufacturer's 
installation instructions. Once DOE has determined that the 
supplemental instructions are consistent with the manufacturer's 
installation instructions, DOE would instruct the third-party test lab 
to incorporate the supplemental testing instructions into its test 
plan. 88 FR 67458, 67481.
    Under this proposal, DOE noted that manufacturers would need to 
provide the complete name of the PDF containing the supplemental 
testing instructions as part of the certification report. DOE further 
stated in the September 2023 CCE NOPR that if the manufacturer changes 
the supplemental testing instructions and as a result changes the file 
name, then the manufacturer must update the certification report. Id.
    In the September 2023 CCE NOPR, DOE proposed to require that, if 
necessary to run a valid test, manufacturers must submit supplemental 
testing instructions at the time each basic model is certified. Id. DOE 
also proposed that manufacturers would be required to comply with the 
reporting requirement beginning on the next certification report annual 
filing date required for walk-in components following the publication 
of this final rule. Id. DOE requested comment on its proposal to 
require, if necessary to run a valid test, supplemental testing 
information as a PDF file at the time of certification. Id.
    In response to the September 2023 CCE NOPR, AHRI commented that it 
did not oppose DOE's proposal to require, if necessary to run a valid 
test, supplemental testing information as a PDF file at the time of 
certification. (AHRI, No. 18 at p. 11)
    For the reasons discussed in the preceding paragraphs and the 
September 2023 CCE NOPR, DOE is adopting these amendments as proposed 
in the September 2023 CCE NOPR
g. Anti-Sweat Heater Wire With Controls
    For walk-ins with transparent reach-in doors, EPCA prescribes 
specific ASH-related requirements: (1) walk-ins without anti-sweat 
heater controls must have a heater power draw of no more than 7.1 or 
3.0 watts per square foot of door opening for freezers and coolers, 
respectively; (2) walk-ins with anti-sweat heater controls must either 
have a heater power draw of no more than 7.1 or 3.0 watts per square 
foot of door opening for freezers and coolers, respectively; or (3) the 
anti-sweat heater controls must reduce the energy use of the heater in 
a quantity corresponding to the relative humidity of the air outside 
the door or to the condensation on the inner glass pane for walk-ins 
with more than 7.1 or 3.0 watts of anti-sweat heat per square foot of 
door opening for freezers and coolers, respectively. See 42 U.S.C. 
6313(f)(3)(C)-(D). These requirements are also codified at 10 CFR 
431.306(b)(3)-(4).
    The current test procedure assigns percent time off (``PTO'') 
values to various walk-in door components, including anti-sweat 
heaters, to reflect the hours in a day that an electricity-consuming 
device operates at its full rated or certified power. For walk-in 
cooler doors with ASH controls, the PTO value is 75 percent and for 
walk-in freezer doors with ASH controls, the PTO value is 50 percent. 
For doors without ASH controls, the PTO is 0 percent. The test 
procedure does not distinguish between types of ASH controls, just the 
presence of them.
    DOE recognizes that walk-in coolers and freezers may be installed 
in a variety of environments, including different geographical climate 
zones, different indoor building installations, and even outdoor 
installations. Thus, walk-ins may experience a wide variety of ambient 
conditions. Consumers looking to purchase walk-in doors with ASH 
controls may benefit from publicly available information on the 
conditions at which the ASH is activated based on any controls provided 
as part of the door.
    Additionally, during enforcement testing, DOE calculates the door's 
energy consumption using the input power listed on the nameplate of 
each electricity-consuming device shipped with the door. In the absence 
of a value listed on the nameplate, DOE uses the device's rated input 
power included in the door's certification report. In the absence of 
either a nameplate or certified value, DOE may measure the input power 
for the purposes of calculating a door's energy consumption. 10 CFR 
429.134(q)(4). Manufacturers are required to certify to DOE whether 
each electricity-consuming device, including ASH, has controls. 10 CFR 
429.53(b)(4)(i). If there is no certification for the basic model, it 
can be difficult to discern whether the unit has controls without 
destroying the door.
    For these reasons, DOE proposed in the September 2023 CCE NOPR that 
manufacturers of doors with ASH controls certify the conditions (i.e., 
temperature, humidity, etc.) at which the controls activate the ASH 
wire. 88 FR 67458, 67483. DOE also proposed that manufacturers would be 
required to comply with the reporting requirement beginning on the next 
certification report annual filing date required for walk-in components 
following the publication of this final rule. Id. DOE requested 
comments on its proposal to require reporting of the conditions at 
which the controls activate the ASH wire for walk-in doors with ASH 
controls. Id.

[[Page 82040]]

    During the NOPR public meeting, Dover Food Retail asked about the 
type of doors (e.g., freight doors, personnel pass-through doors, and 
display doors) the ASH requirements would be applicable to. Dover Food 
Retail additionally commented that most of the time in a commercial 
application like a supermarket, the ASH control is field-installed, 
field-supplied, field-connected, and not part of a display door package 
and asked how such information should be included on a label. (Dover 
Food Retail, Public Meeting Transcript, No. 6 at pp. 44-45)
    As noted during the NOPR public meeting, the ASH requirements are 
applicable to all types of doors. DOE additionally notes that in the 
September 2023 CCE NOPR, DOE did not propose labeling requirements for 
doors with ASH controls, but rather proposed reporting (i.e., 
certification) requirements for doors with ASH controls. To the extent 
that basic models of doors include manufacturer-supplied factory or 
field-installed ASH controls that are considered in the calculation of 
daily energy consumption per the test procedure at appendix A to 
subpart R of 10 CFR 431, the manufacturer should be able to report the 
conditions at which the controls they offer activate. DOE understands 
the point made by Dover Food Retail that the exact conditions that the 
ASH controls are activated at in the field may differ based on the 
installation location. DOE has concluded that requiring that 
manufacturers of doors with ASH controls certify the range of potential 
conditions (i.e., temperature, humidity, etc.) at which the controls 
activate the ASH wire would address Dover Food Retail's concern. To the 
extent that basic models of doors do not include manufacturer-supplied 
ASH controls, it would not be appropriate to consider the presence of 
ASH controls in the calculation of daily energy consumption per the 
test procedure at appendix A to subpart R of 10 CFR 431.
    During the NOPR public meeting, Scott Martin asked about the 
compliance date for DOE's proposed ASH control reporting requirements. 
(Scott Martin, Public Meeting Transcript, No. 6 at pp. 46-47)
    Manufacturers of doors with ASH controls would be required to 
comply with the reporting requirements adopted in this final rule 
beginning on the next certification report annual filing date required 
for walk-in components following 210 days after the publication of this 
final rule (i.e., August 1).
    ASAP et al. commented providing the following editorial corrections 
to the regulatory text proposed in the September 2023 CCE NOPR at 10 
CFR 429.53(b)(2)(i)(H): moving ``in degrees Fahrenheit'' from the end 
of the paragraph to be after the word ``temperature'' within 
parenthesis; and, replacing ``humidity'' with ``relative humidity (in 
percent, %).'' ASAP et al. also noted that the word ``antisweat'' 
appeared both hyphenated and non-hyphenated in this section. (ASAP et 
al., No. 14 at p. 5)
    DOE has concluded that the editorial changes suggested by ASAP et 
al. do not change the intent of what DOE proposed and would provide 
further clarity to the instruction. Therefore, DOE has amended the 
regulatory text at 10 CFR 429.53(b)(2)(i)(H) to include the editorial 
changes recommended by ASAP et al. DOE has also replaced the word 
``antisweat'' with ``anti-sweat'' for consistency in 10 CFR 429.53.
    For the reasons discussed in the preceding paragraphs and the 
September 2023 CCE NOPR, DOE is adopting the requirement that 
manufacturers certify the range of conditions at which the ASH controls 
activate and with the minor corrections recommended by ASAP et al.
h. Door Conduction Load
    DOE's test procedure for measuring walk-in door energy consumption 
accounts for thermal conduction through the door and the direct and 
indirect electricity use of any electrical components associated with 
the door. 10 CFR 431.304(b)(1)-(2) and 10 CFR part 431, subpart R, 
appendix A.
    The direct and indirect electricity use of the electrical 
components associated with the door is based on the certified or 
nameplate input power values of each component, which are certified to 
DOE as non-public information. DOE does not, at present, require 
certification of the thermal conduction through the door.
    In the September 2023 CCE NOPR, DOE proposed to require 
certification of thermal conduction load through the door in Btu/h and 
proposed to add this requirement to the non-public reporting 
requirements in 10 CFR 429.53(b)(3)(i). 88 FR 67458, 67483. DOE stated 
that manufacturers are already calculating conduction load as part of 
the current test procedure at sections 6.2.1 and 6.3.1 of appendix A to 
subpart R of 10 CFR part 431 for display doors and non-display doors, 
respectively. DOE noted that the conduction load is required for 
calculating the daily energy consumption. DOE has evaluated the 
theoretical thermal conduction for all walk-in doors certified to DOE 
and found in some cases that the calculated values may not be 
consistent with the values that would be expected based on the 
currently reported data (i.e., wattage, presence of controls) for the 
door's electricity-consuming devices. To remedy this situation, DOE 
proposed that walk-in door manufacturers certify thermal conduction 
load as non-public data, in addition to the requirements already listed 
in 10 CFR 429.53(b)(3)(i). Id. DOE also proposed that manufacturers 
would be required to comply with the reporting requirement beginning on 
the next certification report annual filing date required for walk-in 
components following the publication of this final rule. DOE requested 
comments on this proposal. Id.
    During the NOPR public meeting, Hussmann asked if the conduction 
load requirements were applicable to just a solid door product or if 
they would also apply to a solid, opaque, or transparent display door. 
(Hussmann, Public Meeting Transcript, No. 6 at p. 46)
    DOE notes that the thermal conduction load reporting requirements 
proposed in the September 2023 CCE NOPR would be applicable to all 
doors (i.e., both display and non-display doors as defined at 10 CFR 
431.302).
    For the reasons discussed in the preceding paragraphs and the 
September 2023 CCE NOPR, DOE is adopting these amendments as proposed 
in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
    In the September 2023 CCE NOPR, DOE proposed to align walk-in 
certification reporting requirements with the test procedure 
requirements applicable to walk-ins manufactured on and after October 
31, 2023. 88 FR 67458, 67483. For all walk-in doors, manufacturers 
currently report the door type, R-value of the door insulation, a 
declaration that the manufacturer has incorporated the applicable 
design requirements, door energy consumption, rated surface area, rated 
power of each light, heater wire, and/or other electricity-consuming 
device and whether such device(s) has a timer, control system, or other 
demand-based control that reduces the device's power consumption. For 
transparent reach-in display doors and windows, manufacturers must 
currently also report the glass type of the doors and windows, and the 
power draw of the ASH. Based on the proposed reporting requirements in 
the September 2023 CCE NOPR, manufacturers would additionally report 
the conduction load through the door, and the temperature and/or 
humidity conditions at which the ASH controls engage if the proposed 
amendments are adopted. Id.

[[Page 82041]]

    For walk-in refrigeration systems, manufacturers currently report 
the installed motor's function purpose (i.e., evaporator fan motor or 
condenser fan motor), its rated horsepower, a declaration that the 
manufacturer has incorporated the applicable walk-in-specific design 
requirements into the motor, AWEF, net capacity, the configuration 
tested for certification (e.g., condensing unit only, unit cooler only, 
single-packaged dedicated system, or matched pair), and if an indoor 
dedicated condensing unit is also certified as an outdoor dedicated 
condensing unit (and, if so, the basic model number for the outdoor 
dedicated condensing unit). In the September 2023 CCE NOPR, DOE noted 
that if the proposed amendments are adopted, manufacturers would 
additionally report whether the basic model meets the definition of a 
CO<INF>2</INF> unit cooler, whether a basic model meets the definition 
of a detachable single-packaged dedicated system or an attached split 
system, whether a dedicated condensing system has flooded head pressure 
control, and whether a compressor break-in period was used, and if so, 
the duration of the break-in period. Id. Additionally, manufacturers 
would be required to submit supplemental testing instructions in PDF 
format if these instructions are necessary to run a valid test. Id.
    In the September 2023 CCE NOPR, DOE tentatively determined that 
these proposed amendments would not impose additional costs for 
manufacturers because manufacturers of walk-ins are already submitting 
certification reports to DOE and should have readily available the 
information that DOE proposed to collect as part of this rulemaking. 
DOE stated that it does not believe the revised reporting requirements 
will cause any appreciable change in reporting burden or hours as 
compared to what walk-in manufacturers are currently doing today, but 
DOE requested comment on the certification reporting costs. Id.
    DOE did not receive any comments on the certification and reporting 
costs associated with the proposed reporting requirements for walk-ins. 
In this final rule, DOE has determined that these amendments would not 
cause any measurable change in reporting burden or hours for walk-in 
manufacturers. Compliance with these amended reporting requirements is 
not required until the next annual certification report filing date on 
or after 210 days after publication of this final rule.
3. Labeling
    If the Secretary has prescribed test procedures for any class of 
covered equipment, a labeling rule applicable to such class of covered 
equipment must be prescribed. See 42 U.S.C. 6315(a). EPCA, however, 
also sets out certain criteria that must be met prior to prescribing a 
given labeling rule. Specifically, to establish these requirements, DOE 
must determine that: (1) labeling in accordance with section 6315 is 
technologically and economically feasible with respect to any equipment 
class; (2) significant energy savings will likely result from such 
labeling; and (3) labeling in accordance with section 6315 is likely to 
assist consumers in making purchasing decisions. (See 42 U.S.C. 
6315(h))
    If these criteria are met, EPCA specifies certain aspects of 
equipment labeling that DOE must consider in any rulemaking 
establishing labeling requirements for covered equipment. At a minimum, 
such labels must include the energy efficiency of the affected 
equipment as tested under the prescribed DOE test procedure. The 
labeling provisions may also consider the addition of other 
requirements, including: (1) directions for the display of the label; 
(2) a requirement to display on the label additional information 
related to energy efficiency or energy consumption, which may include 
instructions for maintenance and repair of the covered equipment, as 
necessary, to provide adequate information to purchasers; and (3) 
requirements that printed matter displayed or distributed with the 
equipment at the point of sale also include the information required to 
be placed on the label. (42 U.S.C. 6315(b) and 42 U.S.C. 6315(c))
    DOE previously established labeling requirements for walk-in 
components, codified at 10 CFR 431.305, in a final rule published on 
December 28, 2016 (``December 2016 Walk-in Final Rule''). 81 FR 95758, 
95802. For walk-in panels, DOE had initially proposed in the NOPR 
leading to the aforementioned final rule to include the date of 
manufacture on the nameplate of a panel. 81 FR 54925, 54942 (Aug. 17, 
2016). At the time, DOE estimated the total cost of applying labels 
specifically to non-display doors and panels, which may include date of 
manufacture, to be less than 0.1 percent of an average manufacturer's 
annual revenue. Id. In consideration of stakeholder comments indicating 
that affixing a panel label with date of manufacture was not 
technologically feasible, in the December 2016 Walk-in Final Rule, DOE 
did not finalize its proposal to require the date of manufacture on the 
nameplate. 81 FR 95758, 95802.
    In the September 2023 CCE NOPR, DOE again proposed to require that 
date of manufacture be affixed to each walk-in panel via the nameplate 
or via another method (i.e., stamping) at 10 CFR 431.305(a)(1)(ii). 88 
FR 67458, 67484. DOE has found that date of manufacture is often 
included on the nameplate or stamped elsewhere on walk-in panels, 
indicating that it is not overly burdensome to include and is 
technologically feasible.
    DOE did not receive any comments regarding its proposal to require 
that date of manufacture be affixed to each walk-in panel via the 
nameplate or another method. For the reasons discussed in the preceding 
paragraphs and the September 2023 CCE NOPR, DOE is adopting the 
labeling requirement to require that date of manufacture be affixed to 
each walk-in panel via the nameplate or via another method (i.e., 
stamping) at 10 CFR 431.305(a)(1)(ii) as proposed in the September 2023 
CCE NOPR.
    Additionally, in the May 2023 Walk-ins TP Final Rule, DOE added 
test provisions for CO<INF>2</INF> unit coolers. 88 FR 28780, 28809. To 
easily determine which walk-in units these test provisions apply to, 
DOE defined CO<INF>2</INF> unit coolers as ``unit coolers that include 
a nameplate listing only CO<INF>2</INF> as an approved refrigerant.'' 
88 FR 28780, 28790. Based on walk-in units previously tested by DOE, 
DOE expects that most manufacturers are already including a refrigerant 
indication on the labels of walk-in unit coolers. Additionally, as 
discussed in the May 2023 Walk-ins TP Final Rule, manufacturers 
supported the finalized definition for CO<INF>2</INF> unit coolers, 
including the language regarding the nameplates. Id. DOE therefore 
tentatively concluded in the September 2023 CCE NOPR that it would not 
be burdensome for manufacturers to label unit coolers designed for use 
with CO<INF>2</INF> as a refrigerant. 88 FR 67458, 67484. Additionally, 
DOE stated in the September 2023 CCE NOPR that it consulted with the 
Federal Trade Commission (``FTC''), and they had no comments on the 
amendment as proposed in the September 2023 CCE NOPR. Id. Therefore, in 
the September 2023 CCE NOPR, DOE proposed that unit coolers designed to 
be used with CO<INF>2</INF> as a refrigerant include the statement 
``Only CO<INF>2</INF> is approved as a refrigerant for this system'' on 
the unit nameplate. Id. DOE requested comments on its proposal for 
labeling requirements for walk-ins. Id.

[[Page 82042]]

    In response, AHRI commented that it opposed DOE's proposal to 
require CO<INF>2</INF> unit coolers be labeled with the statement 
``Only CO<INF>2</INF> is approved as a refrigerant for this system.'' 
AHRI stated that refrigerant information is required to be included on 
the equipment nameplate per the equipment's safety standard, UL 60335-
2-89,\35\ and including further labeling with the same information 
would be duplicative, burdensome to include, and may necessitate 
unnecessary costs. (AHRI, No. 18 at p. 12; AHRI, Public Meeting 
Transcript, No. 6 at pp. 42-43)
---------------------------------------------------------------------------

    \35\ AHRI's comment referred to ISO 60335-2-89. However, DOE 
understands that AHRI was likely intending to refer to UL 60335-2-
89, ``Household and similar electrical appliances--Safety--Part 2-
89: Particular requirements for commercial refrigerating appliances 
and ice-makers with an incorporated or remote refrigerant unit or 
motor-compressor,'' published October 2021.
---------------------------------------------------------------------------

    Given that CO<INF>2</INF> unit coolers are already required to 
include refrigerant information on the equipment label (as specified in 
the UL safety standard and the CO<INF>2</INF> unit cooler definition in 
10 CFR 431.301), DOE agrees that duplicative labeling requirements are 
unnecessary. Accordingly, DOE is not adopting the labeling requirements 
for CO<INF>2</INF> unit coolers that were discussed and proposed in the 
September 2023 CCE NOPR.
4. Labeling Costs and Impact
    Labeling requirements for panels are codified at 10 CFR 431.305(a). 
Since manufacturers are already required to apply a permanent nameplate 
to walk-in panels, DOE stated in the September 2023 CCE NOPR that it 
assumes there would be no additional cost to the nameplate material or 
nameplate application to include date of manufacturer on the panel 
nameplate. 88 FR 67458, 67484. However, DOE recognized that 
manufacturers may need to make changes to panel nameplates to include 
date of manufacture. Id.
    In the September 2023 CCE NOPR, DOE also stated it assumes that the 
date of manufacture would be automatically etched or printed on each 
nameplate and that there would be a one-time cost for programming date 
of manufacturer into the nameplate printing software. Id. DOE estimated 
that it would take an electrical engineer a maximum of 8 hours to 
configure the nameplate printing software. The fully burdened wage for 
an electrical engineer at the time of the September 2023 CCE NOPR was 
$69.97,\36\ resulting in an estimated one-time cost per manufacturer of 
$560 to include date of manufacture on panel nameplates. Id.
---------------------------------------------------------------------------

    \36\ DOE estimated the hourly wage using data from BLS's 
``Occupational Employment and Wages, May 2022'' publication. DOE 
used the ``Electrical Engineers'' mean hourly wage of $48.28 to 
estimate the hourly wage rate. www.bls.gov/oes/current/oes172071.htm. DOE then used BLS's ``Employer Costs for Employee 
Compensation--June 2022'' to estimate that wages and salary account 
for approximately 69 percent for private industry workers. 
www.bls.gov/news.release/pdf/ecec.pdf (last accessed Dec. 1, 2022). 
Therefore, DOE estimated a fully burdened labor rate of $69.97 
($48.28 / 0.69 = $69.97).
---------------------------------------------------------------------------

    DOE did not receive any comments on its estimated costs. 
Additionally, for labeling requirements pertaining to printing or 
etching the date of manufacture on each nameplate, the fully burdened 
wage for an electrical engineering as of December 2023 is $79.46,\37\ 
resulting in an approximate one-time cost per manufacturer of $640 to 
include date of manufacture on panel nameplates.
---------------------------------------------------------------------------

    \37\ DOE estimated the hourly wage using data from BLS's 
``Occupational Employment and Wages, May 2022'' publication. DOE 
used the ``Electrical Engineers'' mean hourly wage of $54.83 to 
estimate the hourly wage rate. www.bls.gov/oes/current/oes172071.htm 
(last accessed Dec. 19, 2023). DOE then used BLS's ``Employer Costs 
for Employee Compensation--September 2023'' to estimate that wages 
and salary account for approximately 69 percent for private industry 
workers. www.bls.gov/news.release/pdf/ecec.pdf (last accessed Dec. 
19, 2023). Therefore, DOE estimated a fully burdened labor rate of 
$79.46 ($54.83 / 0.69 = $69.97).
---------------------------------------------------------------------------

O. Commercial and Industrial Pumps

    DOE is amending the reporting requirements for commercial and 
industrial pumps (``pumps''), which DOE defines as equipment designed 
to move liquids (which may include dissolved gases, free solids, and 
totally dissolved solids) by physical or mechanical action. A pump 
includes a bare pump and, if included by the manufacturer at the time 
of sale, mechanical equipment, driver, and controls. 10 CFR 431.462. 
DOE is not adopting the additional requirements proposed in the 
September 2023 CCE NOPR in this final rule, as discussed in the 
following sections.
1. Reporting
    Under the existing requirements in 10 CFR 429.59(b)(2) and (b)(4), 
manufacturers must report the following as determined according to the 
DOE test procedure at appendix A to subpart Y of 10 CFR part 431:
    <bullet> For section III: the pump configuration; the constant load 
pump energy index (``PEI<INF>CL</INF>''); the nominal speed of rotation 
in revolutions per minute (``rpm''); pump total head in feet (``ft'') 
at BEP and nominal speed; volume per unit time (``flow rate'') in 
gallons per minute (``gpm'') at BEP and nominal speed; calculated 
driver power input at each load point corrected to nominal speed, in 
horsepower (``hp''); full impeller diameter in inches (``in''); for 
radially split, multi-stage, vertical, in-line diffuser casing 
(``RSV'') pumps and submersible turbine (``ST'') pumps, the number of 
stages tested; and for ST pumps, the bowl diameter in inches (``in''). 
10 CFR 429.59(b)(2)(i); 10 CFR 429.59(b)(4)(i).
    <bullet> For section IV or section V: all the above in addition to 
whether the PEI<INF>CL</INF> is calculated or tested; and for pumps 
sold with electric motors regulated by DOE's energy conservation 
standards for electric motors, the nominal motor efficiency in percent 
(``%'') and the motor horsepower (``hp'') for the motor with which the 
pump is being rated. 10 CFR 429.59(b)(2)(ii); 10 CFR 429.59(b)(4)(ii).
    <bullet> For section VI or section VII: pump configuration; 
variable load pump energy index (``PEI<INF>VL</INF>'') instead of 
PEI<INF>CL</INF>; pump total head in feet (``ft'') at BEP and nominal 
speed; volume per unit time (``flow rate'') in gallons per minute 
(``gpm'') at BEP and nominal speed; driver power input measured as the 
input power to the driver and controls at each load point corrected to 
nominal speed, in horsepower (``hp''), full impeller diameter in inches 
(``in''); whether PEI<INF>VL</INF> is calculated or tested; for 
radially split, multi-stage, vertical, in-line diffuser casing 
(``RSV'') pumps and submersible turbine (``ST'') pumps, the number of 
stages tested; for ST pumps, the bowl diameter in inches (``in''); and 
for pumps sold with electric motors regulated by DOE's energy 
conservation standards for electric motors, the nominal motor 
efficiency in percent (``%'') and the motor horsepower (``hp'') for the 
motor with which the pump is being rated. 10 CFR 429.59(b)(2)(iii); 10 
CFR 429.59(b)(4)(iii).
    These requirements provide for certifying compliance with the 
standards for commercial and industrial pumps manufactured on or after 
January 27, 2020 . Under the existing requirements in 10 CFR 
429.59(b)(3), manufacturers have the option to report pump efficiency 
at BEP in percent and PER<INF>CL</INF> (for constant load pumps) or 
pump efficiency at BEP in percent and PER<INF>VL</INF> (for variable 
load pumps), as determined according to appendix A to subpart Y of 10 
CFR part 431.
    In the September 2023 CCE NOPR, DOE proposed to require 
certification of pump efficiency at BEP in percent, PER<INF>CL</INF>, 
and PER<INF>VL</INF>--these metrics would be added to the existing 
reporting requirements in 10 CFR 429.59(b)(2). 88 FR 67458, 67485. DOE 
also proposed that manufacturers would be required to comply with the 
reporting requirement beginning on the next certification

[[Page 82043]]

report annual filing date required for commercial and industrial pumps 
following the publication of this final rule. Id.
    Pump efficiency at BEP, PER<INF>CL</INF>, and PER<INF>VL</INF> are 
required for calculating PEI<INF>CL</INF> or PEI<INF>VL</INF>. In the 
September 2023 CCE NOPR, DOE noted that some manufacturers are already 
reporting pump efficiency at BEP, PER<INF>CL</INF>, and/or 
PER<INF>VL</INF>, and these metrics are already calculated in appendix 
A to subpart Y of 10 CFR part 431. Id. DOE stated that this reporting 
requirement would standardize the information reported to DOE by 
different pump manufacturers. Id. In addition, having these metrics 
available in DOE's compliance certification database would provide pump 
end users with greater insight into pump operation at part load 
conditions. Id. DOE requested comment on its proposed reporting 
requirements for commercial and industrial pumps. Id.
    Grundfos commented opposing DOE's proposal for additional 
certification reporting for pump efficiency at BEP in percent, 
PEI<INF>CL</INF>, and PEI<INF>VL</INF>, noting that these data points 
were optional in the January 2016 Pumps Test Procedure Final Rule (81 
FR 4086). Grundfos commented that DOE's rationale that these data 
points would provide pump end users with greater insight into pump 
operation at part-load conditions is false for the following reasons: 
pump efficiency at BEP only applies to a single load point (i.e., BEP); 
part-load power inputs are already available in the CCMS database and 
PER values can be determined from this information; part-load power 
inputs are marginally useful given the limited number of pumps 
operating at these specific load points; end users can calculate their 
own weighted averages based on their specific system without the need 
for DOE to mandate additional reporting; and, additional data for pumps 
in the CCMS database would serve only to confuse the public. (Grundfos, 
No. 10 at p. 1) Grundfos commented questioning the reasoning behind 
DOE's choice to modify reporting of pump data within this rulemaking 
instead of handling it within the upcoming energy conservation 
standards notice. Grundfos stated that DOE should be working to 
minimize burden on manufacturers and not creating additional burden by 
including modifications across multiple regulatory actions. (Grundfos, 
No. 10 at p. 2)
    HI commented that DOE should not include the proposed new reporting 
requirements for commercial and industrial pumps to additionally 
include ``pump efficiency at BEP in percent'' and ``PER<INF>CL</INF> 
(for constant load pumps)'' or ``PER<INF>VL</INF> (for variable load 
pumps)'' for the following reasons: reporting these values would not 
standardize reporting; it would not provide users with part load 
information; it would increase testing and administrative burden 
without energy savings benefit; and, these requirements were not agreed 
to by the ASRAC working group \38\ because reporting of these values 
was either redundant or counterproductive to the use of PEI. (HI, No. 
20 at p. 2)
---------------------------------------------------------------------------

    \38\ On July 23, 2013, DOE issued a notice of intent to 
establish a Working Group under the Appliance Standards and 
Rulemaking Federal Advisory Committee (``ASRAC'') to negotiate 
proposed Federal standards for the energy efficiency of commercial 
and industrial pumps (``the CIP Working Group''). 78 FR 44036. DOE 
held seven open meetings and two webinars, during which the CIP 
Working Group discussed scope, metrics, test procedures, and 
standard levels for pumps. The CIP Working Group concluded their 
negotiations on June 19, 2014 with a supportive vote on several 
recommendations for DOE regarding the regulation of pumps. (Docket 
No. EERE-2013-BT-NOC-0039, No. 92)
---------------------------------------------------------------------------

    HI commented it was not clear what DOE was asking for in the 
requirement to report ``pump efficiency at BEP.'' HI stated that 
depending on the section of the test procedure that the pump is tested, 
BEP could be determined based on the bare pump efficiency (see sections 
III, V, or VII) or overall efficiency at BEP (see sections IV or VI). 
HI commented that in the April 2022 Pumps Test Procedure NOPR (87 FR 
21268), DOE changed the wording from ``overall efficiency'' to ``pump 
efficiency'' for the section IV and VI tests, which led HI to believe 
that DOE is using the term ``pump efficiency'' and ``overall 
efficiency'' interchangeably even though they are different, according 
to HI. (HI, No. 20 at p. 2)
    HI commented that DOE should not start publishing ``pump efficiency 
at BEP'' because it would cause confusion. HI stated that PEI is the 
DOE regulatory metric, which considers the pump design flow rate, 
specific speed, multiple tested load points, and driver and control 
losses, while ``pump efficiency at BEP'' is only useful for a user 
purchasing a pump that will operate at that BEP 100 percent of the 
time. HI stated that comparing ``pump efficiency at BEP'' for pumps 
with different BEP flow and/or head will lead to improper pump 
selection and higher energy consumption. (HI, No. 20 at p. 2)
    HI commented that PER<INF>CL</INF> and PER<INF>VL</INF> could be 
calculated directly from driver or control input power at the 
prescribed load points and by requiring manufacturers to report these 
redundant values, DOE would be increasing the chance of reporting 
errors, conflicting data, and confusion in the marketplace. (HI, No. 20 
at pp. 2-3)
    HI commented the new reporting also would not provide users with 
part load information as suggested by DOE because DOE has defined pump 
BEP as 100 percent flow rate. HI additionally noted that the part load 
driver or control input power that is used to calculate 
PER<INF>CL</INF> and PER<INF>VL</INF> is already reported and listed 
for each model on DOE's CCMS database and therefore, this proposed 
addition would not add value to a customer trying to identify the 
energy consumption. (HI, No. 20 at p. 3)
    ASAP et al. commented providing the following editorial correction 
to the regulatory text proposed in the September 2023 CCE NOPR at 10 
CFR 429.59(b)(2)(i): replacing Pini with P<INF>ini.</INF> (ASAP et al., 
No. 14 at p. 5)
    In response to ASAP et al., DOE is replacing P \in\<INF>i</INF> 
with P<INF>i</INF>\in\ in this rulemaking to be consistent with 
variables defined in subpart Y of 10 CFR part 431.
    As commented by HI, the efficiency at BEP only represents one load 
point and is not representative of part-load applications, which is a 
common technique used to properly size a pump. Further, as commented by 
HI and Grundfos, the proposed PER<INF>CL</INF> and PER<INF>VL</INF> 
requirement would not provide deeper insight into part-load conditions. 
DOE has determined that the CCMS database already collects sufficient 
data for end users to correctly size pumps in part load applications. 
Therefore, as these proposed additional requirements would not provide 
greater insight into pump operation at part-load conditions, DOE is not 
adopting the additional reporting requirements proposed in the 
September 2023 CCE NOPR in this final rule.
    In response to Grundfos' comment regarding the proposal to make 
this change in the September 2023 CCE NOPR instead of the next pumps 
standards notice, DOE notes that it published the September 2023 CCE 
NOPR with proposed updates for up to 20 different products/equipment. 
DOE conducts a single certification reporting requirements rulemaking 
for combined products and equipment because it would be more onerous 
for DOE to publish proposed and final certification related rulemakings 
for each product/equipment separately.
2. Reporting Costs and Impacts
    In the September 2023 CCE NOPR, DOE proposed to amend the reporting 
requirements for commercial and industrial pumps. 88 FR 67458, 67484. 
In response, Grundfos and HI commented regarding the costs that

[[Page 82044]]

would be incurred if DOE were to adopt the proposed reporting 
requirements. (Grundfos, No. 10 at p. 2; HI, No. 20 at p. 3)
    As discussed in section III.O.1, DOE is not adopting the additional 
reporting requirements of pump efficiency at BEP in percent, 
PER<INF>CL</INF>, and PER<INF>VL</INF>. Therefore, manufacturers would 
not incur any additional certification reporting costs as a result of 
this final rule.

P. Portable Air Conditioners

    DOE is amending the reporting requirements for portable ACs, which 
DOE defines as a consumer product that consists of a portable encased 
assembly, other than a ``packaged terminal air conditioner,'' ``room 
air conditioner,'' or ``dehumidifier,'' that delivers cooled, 
conditioned air to an enclosed space, and is powered by single-phase 
electric current. 10 CFR 430.2. In the portable AC test procedure final 
rule published on May 15, 2023 (``May 2023 Portable AC Final Rule''), 
DOE amended the test procedures for portable ACs at appendix CC to 
subpart B of 10 CFR part 430 (``appendix CC'') to incorporate a measure 
of variable-speed portable AC performance and make minor clarifying 
edits. 88 FR 31102. Consistent with that final rule, DOE is amending 
the reporting requirements.
1. Reporting
    The current reporting requirements for portable ACs at 10 CFR 
429.62 include the following: (1) the combined energy efficiency ratio 
(``CEER'') in Btu/Wh); (2) the seasonally adjusted cooling capacity 
(``SACC'') in Btu/h; (3) the duct configuration (i.e., single-duct, 
dual-duct, or ability to operate in both configurations); (4) presence 
of heating function; and (5) primary condensate removal feature (i.e., 
auto-evaporation, gravity drain, removable internal collection bucket, 
or condensate pump). 10 CFR 429.62. These requirements provide for 
certifying compliance with the standards that will go into effect for 
single-duct and dual-duct portable ACs that are manufactured on or 
after January 10, 2025. DOE is updating these requirements and aligning 
the reporting requirements with the recent test procedure amendments 
and is also adopting general certification requirements for portable 
ACs. DOE discusses these updates in the sections as follows.
a. Duct-Configuration
    DOE defines two portable AC configurations: single-duct and dual-
duct. Single-duct portable ACs draw all the condenser inlet air from 
the conditioned space without the means of a duct and discharge the 
condenser outlet air outside the conditioned space through a single 
duct attached to an adjustable window bracket. Dual-duct portable ACs 
draw some or all the condenser inlet air from outside the conditioned 
space through a duct attached to an adjustable window bracket, may draw 
additional condenser inlet air from the conditioned space, and 
discharge the condenser outlet air outside the conditioned space by 
means of a separate duct attached to an adjustable window bracket. Id.
    The current test procedure for portable ACs, found in appendix CC, 
notes that if a portable AC is able to operate as both a single-duct 
and dual-duct portable AC as distributed in commerce by the 
manufacturer, it must be tested and rated for both duct configurations. 
Section 3.1.1 in appendix CC.
    Similarly, in 10 CFR 429.62(a)(5), DOE states that single-duct and 
dual-duct portable ACs distributed in commerce by the manufacturer with 
multiple duct configuration options that meet DOE's definitions for 
single-duct portable AC and dual-duct portable AC, must be rated and 
certified under both applicable duct configurations.
    Under the existing certification reporting requirements in 10 CFR 
429.62(b)(2), manufacturers of portable ACs must report the following: 
(1) the CEER in Btu/Wh; (2) the SACC in Btu/h; (3) the duct 
configuration (i.e., single-duct, dual-duct, or ability to operate in 
both configurations); (4) presence of heating function; and (5) primary 
condensate removal feature (i.e., auto-evaporation, gravity drain, 
removable internal collection bucket, or condensate pump).
    In the September 2023 CCE NOPR, DOE proposed to include clarifying 
amendments to these reporting requirements to specify that each 
certification report must include an indication of the duct 
configuration used for testing (i.e., single-duct or dual-duct) and 
whether the certified model is distributed in commerce by the 
manufacturer with multiple duct configuration options that meet DOE's 
definitions for single-duct portable AC and dual-duct portable AC 
(i.e., yes or no). 88 FR 67458, 67485-67486. DOE requested comment on 
these proposed reporting requirements for portable ACs. Id.
    ASAP et al. commented providing the following editorial correction 
to the regulatory text proposed in the September 2023 CCE NOPR at 10 
CFR 429.62(b)(2): replacing the text ``the ability to operate in both 
configurations'' with ``the ability to operate in both duct 
configurations.'' (ASAP et al., No. 14 at p. 5)
    DOE agrees that adding the word ``duct'' when referring to the 
ability of a portable AC to operate in both single-duct and dual-duct 
configuration is a helpful clarification and better represents the 
intent of the proposal in the September 2023 CCE NOPR.
    For the reasons discussed in the preceding paragraphs and the 
September 2023 CCE NOPR, DOE is adopting these amendments as proposed 
in the September 2023 CCE NOPR with the additional clarification as 
recommended by commenters.
b. Full-Load Seasonally Adjusted Cooling Capacity
    In the May 2023 Portable AC Final Rule, DOE amended the appendix CC 
test procedures to include a new capacity metric for variable-speed 
portable ACs, full-load seasonally adjusted cooling capacity 
(``SACC<INF>Full</INF>''), for purposes of representation and 
certification. 88 FR 31102, 31112-31114. Consistent with that final 
rule, in the September 2023 CCE NOPR, DOE proposed to amend the 
certification report requirements by adding a new section, 10 CFR 
429.62(b)(3), to require reporting whether a basic model is variable-
speed, as defined in appendix CC, and if so, to report the 
SACC<INF>Full</INF>, in Btu/h. 88 FR 67458, 67486. DOE requested 
comment on these proposed requirements. Id.
    ASAP et al. commented providing the following editorial corrections 
to the regulatory text proposed in the September 2023 CCE NOPR at 10 
CFR 429.62(b)(3): replacing ``SACC_Full'' with ``SACC<INF>Full</INF>.'' 
ASAP et al. also noted that the current portable AC test procedure 
specifies that variable-speed units calculate SACC<INF>Full_SD</INF> 
and SACC<INF>Full_DD</INF> for single- and dual-duct configurations and 
this distinction should be reflected in the certification template. 
(ASAP et al., No. 14 at p. 5)
    DOE agrees that the amended text in 10 CFR 429.62(b)(3) should have 
consistent subscript formatting for the SACC<INF>Full</INF> variable, 
and notes that this is the current approach in 10 CFR 429.62(a)(2) and 
(3).
    Regarding further clarification of SACC<INF>Full</INF>, DOE notes 
that the reporting requirements in 10 CFR 429.62(b)(2) already require 
identifying the duct configuration (i.e., single-duct or dual-duct), so 
DOE does not expect there to be confusion as to which 
SACC<INF>Full</INF> must be reported (i.e., SACC<INF>Full_SD</INF> or 
SACC<INF>Full_DD</INF>, for single-duct and dual-duct, respectively). 
Furthermore, 10 CFR 429.62(b)(2) already introduces the

[[Page 82045]]

term ``SACC<INF>Full</INF>'' and refers to the DOE test procedure where 
both SACC<INF>Full_SD</INF> and SACC<INF>Full_DD</INF> are defined. 
Therefore, DOE concludes that no further clarification is needed to 
modify the text of 10 CFR 429.62(b)(3) as proposed in the September 
2023 CCE NOPR. For the reasons discussed in the preceding paragraphs 
and the September 2023 CCE NOPR, DOE is adopting the amendments 
pertaining to reporting SACC<INF>Full</INF> as proposed in the 
September 2023 CCE NOPR with the additional clarifying amendments 
discussed above.
2. Reporting Costs and Impacts
    In the September 2023 CCE NOPR, DOE proposed to align portable AC 
certification reporting requirements with the May 2023 Portable AC TP 
Final Rule requirements applicable to portable ACs manufactured on and 
after June 14, 2023. 88 FR 67458, 67486.
    For variable-speed portable ACs tested in accordance with appendix 
CC as amended in the May 2023 Portable AC TP Final Rule, manufacturers 
currently report CEER, SACC, the duct configuration, presence of 
heating function, and primary condensate removal feature, and would 
additionally report full-load SACC if the amendments proposed in the 
September 2023 CCE NOPR are adopted. Id.
    In the September 2023 CCE NOPR, DOE tentatively determined that 
these proposed amendments would not impose additional costs for 
manufacturers beyond those that were estimated in the January 2020 
Portable ACs ECS Final Rule, which first established the reporting 
requirements. Id. DOE stated this was because manufacturers of portable 
ACs should already be collecting the information required for the 
current certification requirements and should have readily available 
the information that DOE proposed to collect as part of this 
rulemaking. Id. DOE stated that it did not believe the revised 
reporting requirements would cause any appreciable change in reporting 
burden or hours as compared to what was estimated in the January 2020 
Portable ACs ECS Final Rule. Id.
    DOE did not receive any comments on the certification and reporting 
costs associated with the proposed reporting requirements for portable 
ACs. In this final rule, DOE makes a final determination that these 
amendments would not cause any measurable change in reporting burden or 
hours for portable AC manufacturers. Compliance with these reporting 
requirements is required 210 days after publication of this final rule.

Q. Compressors

    DOE is amending the reporting requirements for compressors, which 
DOE defines as machines or apparatuses that convert different types of 
energy into the potential energy of gas pressure for displacement and 
compression of gaseous media to any higher pressure values above 
atmospheric pressure and have a pressure ratio at full-load operating 
pressure greater than 1.3. 10 CFR 431.342.
1. Reporting
    Under the existing requirements in 10 CFR 429.63(b), a 
certification report must include the following public product-specific 
information for all compressors: (1) full-load package isentropic 
efficiency or part-load package isentropic efficiency, as applicable 
(dimensionless); (2) full-load actual volume flow rate (in cubic feet 
per minute); (3) compressor motor nominal horsepower (in horsepower); 
(4) full-load operating pressure (in pounds per square inch, gauge); 
(5) maximum full-flow operating pressure (in pounds per square inch, 
gauge); and (6) pressure ratio at full-load operating pressure 
(dimensionless). 10 CFR 429.63(b)(i)-(vi).
    In addition, for any ancillary equipment that is installed for 
test, but is not part of the compressor package as distributed in 
commerce (per the requirements of 10 CFR part 431, subpart T, appendix 
A, section I(B)(4)), a certification report must include the following 
public product-specific information: (1) a general description of the 
ancillary equipment, based on the list provided in the first column of 
Table 1 of 10 CFR part 431, subpart T, appendix A, section I(B)(4); (2) 
the manufacturer of the ancillary equipment; (3) the brand of the 
ancillary equipment (if different from the manufacturer); (4) the model 
number of the ancillary equipment; (5) the serial number of the 
ancillary equipment (if applicable); (6) input voltage (if applicable); 
(7) number of phases (if applicable); (8) input frequency (if 
applicable); (9) size of any connections (if applicable); and (10) type 
of any connections (if applicable). 10 CFR 429.63(b)(vii)(A)-(G). A 
certification report must also include installation instructions for 
the ancillary equipment, accompanied by photos that clearly illustrate 
the ancillary equipment, as installed on compressor package, in a PDF. 
10 CFR 429.63(b)(vii)(H).
    In the September 2023 CCE NOPR, DOE noted that 10 CFR 429.12(a) 
states that basic models of covered products require annual filings on 
or before the dates provided in 10 CFR 429.12(d), but paragraph (d) 
does not specifically list an annual filing date for compressors. 88 FR 
67458, 67486. In light of this omission, DOE proposed to explicitly 
specify in 10 CFR 429.12(d) that compressors should be recertified 
annually on or before September 1. Id. Because the energy conservation 
standards for compressors do not take effect until January 10, 2025, 
DOE noted that this annual reporting requirement would not be in effect 
until the applicable energy conservation standards are in effect. 88 FR 
67458, 67486-67487. DOE requested comment on the proposed annual filing 
date of September 1 for compressors. 88 FR 67458, 67487.
    During the NOPR public meeting, Kaeser Compressors asked if 
manufacturers have to upload certification reports for all equipment 
every year on the annual filing date even if the certification reports 
have not changed. (Kaeser Compressors, Public Meeting Transcript, No. 6 
at pp. 49-50)
    DOE responded during the NOPR public meeting noting that there is 
an annual certification requirement for all basic models that are 
currently in production and being distribution in commerce, as well as 
reporting of any models that have been discontinued. DOE noted that it 
was not necessary to retest products or equipment and the same rating 
that was reported when the model was first introduced into commerce may 
be used during the annual filing requirement. (DOE, Public Meeting 
Transcript, No. 6 at p. 50) For the reasons discussed in the preceding 
paragraphs and the September 2023 CCE NOPR, DOE is adopting an annual 
filing date of September 1 for compressors.
2. Reporting Costs and Impacts
    In the September 2023 CCE NOPR, DOE proposed no changes to the 
reported information required for compressors when certifying 
compliance with the standards applicable to compressors manufactured on 
or after January 10, 2025. 88 FR 67458, 67487. DOE only proposed to 
specify the annual date by which manufacturers must submit annual 
certification filings to DOE after the applicable standards take 
effect. DOE tentatively determined that the proposed amendment would 
not impose additional costs for manufacturers because no amendments to 
the certification report contents were proposed in the September 2023 
CCE NOPR. DOE stated that it did not believe the revised reporting 
requirements would cause any appreciable change in reporting burden or 
hours as compared

[[Page 82046]]

to what compressor manufacturers would begin doing prior to the January 
10, 2025 compliance date. Id.
    DOE did not receive any comments on the certification and reporting 
costs associated with the proposed reporting requirements for 
compressors. In this final rule, DOE makes a final determination that 
these amendments would not cause any measurable change in reporting 
burden or hours for compressor manufacturers. As discussed, DOE did not 
propose and is not adopting any changes to the reported information 
required for compressors when certifying compliance with the standards 
applicable to compressors manufactured on or after January 10, 2025. 
Therefore, compliance with the existing reporting requirements is 
required on and after January 10. 2025. Annual certification report 
filing, as established in this final rule, is required annually 
thereafter on September 1.

R. Dedicated-Purpose Pool Pump Motors

    DOE is establishing reporting requirements for DPPPMs, which are 
electric motors that are single-phase or polyphase and are designed 
and/or marketed for use in dedicated-purpose pool pump (``DPPP'') 
applications, as defined in sections 1.2, 1.3, and 1.4 of UL 1004-
10:2020. 10 CFR 431.483. In the final rule published on September 28, 
2023 (``September 2023 DPPPM Final Rule''), DOE established energy 
conservation standards for DPPPMs. 88 FR 66966. Consistent with that 
final rule, DOE is establishing the reporting requirements.
1. Reporting
    There are currently no reporting requirements for DPPPMs. The 
September 2023 DPPPM Final Rule established new energy conservation 
standards for DPPPMs. 88 FR 66966. Therefore, DOE is aligning the 
reporting requirements with the standards and adopting general 
certification requirements for DPPPMs.
    At the time of the September 2023 CCE NOPR, DOE's proposed 
reporting requirements for DPPPMs were based on the DPPPMs energy 
conservation standards NOPR that published on June 21, 2022 (``June 
2022 DPPPM NOPR''). 87 FR 37122. The following sections discuss DOE's 
proposals from the September 2023 CCE NOPR, which were informed by the 
June 2022 DPPPM NOPR and the September 2023 DPPPM Final Rule. DOE 
discusses these updates in the sections as follows.
a. Motor Total Horsepower, Full-Load Efficiency, and Design 
Requirements
    In the June 2022 DPPPM NOPR, DOE proposed performance standards 
(i.e., full load efficiency) and design requirements (i.e., speed 
capability) based on DPPPM total horsepower (``THP''). 87 FR 37122, 
37123-37124. DOE proposed that the standards, if adopted, would apply 
to all DPPPMs manufactured in, or imported into, the United States 
starting on the date 2 years (or 24 months) after the publication of 
the final rule for the proposed rulemaking. Id.
    Further, for DPPPMs greater than or equal to 0.5 THP, DOE proposed 
that DPPPMs with freeze protection controls be shipped with the freeze 
protection feature disabled, or with the following default, user-
adjustable settings: (a) the default dry-bulb air temperature setting 
shall be no greater than 40 [deg]F; (b) the default run time setting 
shall be no greater than 1 hour (before the temperature is rechecked); 
and (c) the default motor speed in freeze protection mode shall not be 
more than half of the maximum operating speed. 87 FR 37122, 37124.
    As such, in the September 2023 CCE NOPR, DOE proposed to update the 
reporting requirements to include product-specific information that 
would be required to certify compliance with any newly established 
energy conservation standards. 88 FR 67458, 67487. Accordingly, DOE 
proposed reporting the DPPPM THP, as the THP is required to determine 
whether the DPPPM would need to meet either a performance standard or 
design requirements. DOE proposed that the represented value of THP 
should be determined as required at 10 CFR 429.65(c)(1)(v). Id.
    For DPPPMs less than 0.5 THP, DOE proposed reporting performance 
standard in terms of full load efficiency. DOE proposed using the test 
procedure in 10 CFR 431.484 to determine full-load efficiency, and to 
report the represented value of THP as required at 10 CFR 
429.65(c)(1)(v). Id.
    For DPPPMs greater than or equal to 0.5 THP, DOE proposed reporting 
the design requirements as follows:
    (1) A statement confirming that the DPPPM is variable speed (as 
defined at 10 CFR 431.483); and
    (2) A statement regarding whether freeze protection is shipped 
enabled or disabled; for DPPPMs distributed in commerce with freeze 
protection controls enabled, DOE proposes reporting the default dry-
bulb air temperature setting (in [deg]F), default run time setting (in 
minutes), maximum operating speed (in revolutions per minute, or rpm), 
and default motor speed in freeze protection mode (in revolutions per 
minute, or rpm). Id.
    Regarding general certification requirements, DOE proposed that 
annual filing for DPPPM shall be submitted on or before September 1. 
Further, DOE also proposed that the requirements in 10 CFR 429.12 
regarding certification apply to DPPPMs. Id. DOE requested comment on 
the proposed reporting requirements for DPPPMs. Id.
    Since publication of the September 2023 CCE NOPR, DOE has published 
the September 2023 DPPPM Final Rule, which adopted the same 
requirements proposed in the June 2022 DPPPM NOPR with one 
modification, specifically, that DPPPMs with a motor total horsepower 
>=0.5 THP and <1.15 THP would not be required to comply with energy 
conservation standards until September 28, 2027, in contrast to 
required compliance beginning September 29, 2025 for the other two 
equipment classes. 88 FR 66966.
    DOE did not receive any comments regarding the proposed reporting 
requirement for DPPPMs. For the reasons discussed in the preceding 
paragraphs and the September 2023 CCE NOPR, DOE is adopting these 
amendments as proposed in the September 2023 CCE NOPR.

b. Rounding Requirements

    In the September 2023 CCE NOPR, DOE proposed to specify rounding 
requirements for values required to determine compliance with the 
proposed energy conservation standards. 88 FR 67458, 67488. 
Specifically, DOE proposed that manufacturers round DPPPM THP to the 
nearest hundredth of THP, consistent with industry practice. Id. 
Further, DOE proposed that manufacturers round full load efficiency, 
expressed in percentage, to the nearest tenth of a percent. Id. DOE 
noted that this was consistent with how the full load efficiency of an 
electric motor is expressed at 10 CFR 431.25 and 10 CFR 431.446, and 
these electric motors share test methods with DPPPMs. Id. Finally, for 
DPPPM basic models with THPs greater than or equal to 0.5 THP and 
distributed in commerce with freeze protection controls enabled, DOE 
proposed to round the dry-bulb temperature setting (expressed in 
[deg]F) run time setting (expressed in minutes), maximum operating 
speed (expressed in rpm), and default motor speed in freeze protection 
mode (expressed in rpm) to the nearest whole number. DOE noted that 
this was consistent with how dry-bulb temperature is expressed in 10 
CFR

[[Page 82047]]

431.465(h)(1). Id. DOE requested comment on the proposed rounding 
requirements for DPPPMs. Id.
    Since publication of the September 2023 CCE NOPR, DOE has published 
the September 2023 DPPPMs Final Rule, which adopted the same 
requirements as those proposed in the June 2022 DPPPM NOPR.
    DOE did not receive any comments on the proposed rounding 
requirements for DPPPMs. For the reasons discussed in the preceding 
paragraphs and the September 2023 CCE NOPR, DOE is adopting the 
rounding requirements for DPPPMs as proposed in the September 2023 CCE 
NOPR.

2. Reporting Costs and Impacts

    In the September 2023 CCE NOPR, DOE proposed to align DPPPM 
certification reporting requirements with the energy conservation 
standard requirements proposed in the June 2022 DPPPM NOPR for DPPPMs 
manufactured starting on the date 2 years (24 months) after the date of 
final rule publication of the energy conservation standard in the 
Federal Register. 88 FR 67458, 67488.
    In the September 2023 CCE NOPR, DOE noted that the addition of the 
proposed reporting requirements for DPPPMs would newly require 
manufacturers to report performance characteristics of these motors. 
Id. For DPPPMs less than 0.5 THP, full-load efficiency would need to be 
reported in addition to THP, and for DPPPMs greater than or equal to 
0.5 THP, freeze protection status and speed control capability would 
need to be reported in addition to THP. In the September 2023 CCE NOPR, 
DOE tentatively concluded that these proposed changes would impose 
additional cost to manufacturers and importers. Id. The estimated costs 
associated with these changes were described in further detail in 
section IV.C of the September 2023 CCE NOPR. Id.
    DOE did not receive any comments on the certification and reporting 
costs associated with the proposed reporting requirements for DPPPMs. 
In this final rule, DOE makes a final determination that the 
certification reporting costs for DPPPMs are consistent with those 
estimated in the September 2023 CCE NOPR, updated to current values, 
and are discussed further in section IV.C of this document. Compliance 
with these reporting requirements is not required until the compliance 
date of the new standards.

S. Air Cleaners

    DOE is establishing reporting requirements for air cleaners, which 
DOE defines as a product for improving indoor air quality, other than a 
central air conditioner, room air conditioner, portable air 
conditioner, dehumidifier, or furnace, that is an electrically powered, 
self-contained, mechanically encased assembly that contains means to 
remove, destroy, or deactivate particulates, VOCs, and/or 
microorganisms from the air. It excludes products that operate solely 
by means of ultraviolet light without a fan for air circulation. 10 CFR 
430.2. In a direct final rule published on April 11, 2023 (``April 2023 
Air Cleaners DFR''), DOE established new energy conservation standards 
for air cleaners. 88 FR 21752. Consistent with that direct final rule, 
DOE is establishing new reporting requirements for air cleaners.
1. Reporting
    There are currently no reporting requirements for air cleaners. The 
April 2023 Air Cleaners DFR established new energy conservation 
standards for air cleaners. 88 FR 21752. In the April 2023 Air Cleaners 
DFR, DOE established energy conservation standards based on integrated 
energy factor (``IEF''), which is determined as the clean air delivery 
rate (``CADR'') \39\ of an air cleaner expressed in terms of 
PM<INF>2.5</INF> \40\ CADR divided by the annual energy consumption 
divided by the annual active mode hours. 88 FR 21752, 27153-21754. 
PM<INF>2.5</INF> CADR is calculated as the geometric mean of smoke CADR 
and dust CADR. 88 FR 21752, 21762.
---------------------------------------------------------------------------

    \39\ Section 3.14 of the industry standard AHAM AC-1-2020 
defines CADR as the measure of the delivery of contaminant free air, 
within a defined particle size range, by an air cleaner, expressed 
in cubic feet per minute (``cfm''). CADR is the rate of contaminant 
reduction in the test chamber when the air cleaner is turned on, 
minus the rate of natural decay when the air cleaner is not running, 
multiplied by the volume of the test chamber as measured in cubic 
feet. Note: CADR values are always the measurement of an air cleaner 
performance as a complete system and have no linear relationship to 
the air movement per se or to the characteristics of any particle 
removal methodology.
    \40\ 10 CFR part 430, appendix FF defines PM<INF>2.5</INF> via 
reference to the industry standard AHAM AC-7-2022, which defines it 
as particulate matter that are nominally 2.5 micrometers (``[mu]m'') 
in width or smaller.
---------------------------------------------------------------------------

    Therefore, DOE is establishing reporting and general certification 
requirements for air cleaners. DOE discusses these updates in the 
following paragraphs.
    In the September 2023 CCE NOPR, DOE proposed to establish reporting 
requirements for air cleaners at 10 CFR 429.68(b) to include product-
specific information that would be required to certify compliance with 
the newly established energy conservation standards. 88 FR 67458, 
67488. DOE proposed that parties must report the smoke CADR, dust CADR, 
and PM<INF>2.5</INF> CADR in cfm; annual energy consumption in kWh/yr; 
and IEF in PM<INF>2.5</INF> CADR per watt. Id. DOE proposed reporting 
requirements for smoke CADR and dust CADR because these values are used 
to determine PM<INF>2.5</INF> CADR. Id.
    Additionally, in a test procedure final rule published on March 6, 
2023 (March 2023 Air Cleaners TP Final Rule), DOE established 
requirements for determining pollen CADR and effective room size. 88 FR 
14014, 14016. In the March 2023 Air Cleaners TP Final Rule, DOE noted 
that many air cleaners are marketed as providing pollen removal and the 
ENERGY STAR specification for air cleaners also requires reporting of 
pollen CADR. DOE stated that it is important that any representation 
related to an air cleaner's pollen CADR performance be made based on 
testing conducted in a repeatable and representative manner. 88 FR 
14014, 14034. Accordingly, in the March 2023 Air Cleaners TP Final 
Rule, DOE referenced the AHAM AC-1-2020 standard to conduct a test to 
measure pollen CADR. 88 FR 14014, 14035. While DOE has not established 
any energy conservation standards for pollen, in the September 2023 CCE 
NOPR, DOE proposed to include a reporting requirement for pollen CADR 
to ensure that consumers have reliable information when making 
purchasing decisions. 88 FR 67458, 67488.
    Additionally, in the March 2023 Air Cleaners TP Final Rule, DOE 
established a metric for effective room size because room size would 
strongly impact the capacity of the air cleaner that would be required 
to clean the air in the desired room. 88 FR 14014, 14036 and 14038. 
While DOE has not established any standards pertaining to room size, in 
the September 2023 CCE NOPR, DOE proposed to include a reporting 
requirement for effective room size, in square feet, to ensure 
consumers have reliable information when making purchasing decisions. 
88 FR 67458, 67488.
    Regarding general certification requirements, DOE proposed that the 
annual filing for air cleaners shall be submitted on or before December 
1. Id. Further, DOE proposed that the requirements in 10 CFR 429.12 
regarding certification apply to air cleaners. Finally, DOE proposed to 
add a new paragraph (i)(6) in 10 CFR 429.12 to note the compliance date 
for air cleaners is December 31, 2023. Id.
    DOE requested comment on the proposed reporting requirements for 
air cleaners. Id.

[[Page 82048]]

    Carrier stated its support for DOE's proposal to require reporting 
of the product-specific information that would be required to certify 
compliance with the newly established energy conservation standards for 
air cleaners. (Carrier, No. 12 at p. 3) AHAM commented in support of 
the inclusion of smoke CADR, dust CADR, and PM<INF>2.5</INF> CADR for 
air cleaner certification because smoke CADR and dust CADR are used to 
calculate PM<INF>2.5</INF> CADR. AHAM also commented in support of the 
reporting requirements for annual energy consumption, integrated energy 
factor, and room size. (AHAM, No. 16 at p. 6) ASAP et al. stated their 
support for DOE's proposed reporting requirements for air cleaners 
pertaining to smoke CADR, dust CADR, and pollen CADR (if measured). 
ASAP et al. commented that smoke CADR, dust CADR, and pollen CADR are 
commonly used by manufacturers in marketing these products, and the 
ENERGY STAR specification for air cleaners has required the reporting 
of smoke CADR, dust CADR, and pollen CADR since 2011. For these 
reasons, ASAP et al. commented in support of the proposed CADR 
reporting requirements because ASAP et al. noted that such requirements 
would help ensure that CADR performance claims can be trusted metrics 
for use by consumers making purchasing decisions. (ASAP et al., No. 14 
at pp. 2-3) ASAP et al. commented in support of the room size reporting 
requirement for room air cleaners as the physical dimensions of a room 
influence the capacity of the air cleaner that would be needed to 
adequately clean the air in that space, which helps ensure that 
consumers have appropriate information to make informed purchasing 
decisions. (ASAP et al., No. 14 at p. 3)
    Carrier commented supporting the reporting requirements for pollen 
CADR and effective room size. (Carrier, No. 12 at p. 3) AHAM commented 
objecting to the reporting requirement for pollen CADR for air cleaners 
as part of DOE's information collection. (AHAM, Public Meeting 
Transcript, No. 6 at p. 52; AHAM, No. 9 at p. 2; AHAM, No. 16 at p. 6) 
AHAM stated that DOE does not regulate pollen CADR and pollen CADR has 
no relation to demonstrating compliance with the applicable standard 
and is therefore outside DOE's approved information collection under 
PRA. AHAM commented that it is not within the scope of DOE's authority 
to collect this data, and should manufacturers make pollen-related 
claims, inaccuracies of such claims fall within the purview of the 
Federal Trade Commission. (AHAM, No. 16 at p. 6) AHAM stated that 
collecting data not necessary to demonstrating compliance with energy 
conservation standard is outside of DOE's approved information 
collection under the PRA and that DOE is obligated by the PRA to 
demonstrate the practical utility of information collected. AHAM argued 
that pollen CADR does not have practical utility in the context of the 
currently applicable standards because the information is unnecessary 
to demonstrate compliance with those standards. (AHAM, No. 16 at pp. 6-
7)
    In response, DOE established a test procedure for pollen CADR to 
enable consistent and meaningful representations of metrics most 
desirable to consumers (88 FR 14014, 14034; 87 FR 63324, 63339). DOE 
recognizes that pollen CADR is not needed to determine compliance with 
air cleaner standards. While this metric may help inform consumers 
making purchasing decisions, DOE is not adopting the proposal from the 
September 2023 CCE NOPR that pollen CADR be reported to DOE.
    During the NOPR public meeting, AHRI questioned if the air cleaners 
template would have secondary validation for PM<INF>2.5</INF> CADR 
based on the values entered for smoke CADR and dust CADR. AHRI noted 
that templates for some other product and equipment categories do not 
allow input values to be higher than the value calculated using the 
formula entered for validation. (AHRI, Public Meeting Transcript, No. 6 
at pp. 54-55)
    DOE appreciates AHRI's question regarding PM<INF>2.5</INF> CADR 
validation based on the values entered for smoke CADR and dust CADR. In 
this final rule, DOE is only adopting reporting requirements as 
described for air cleaners. DOE may consider additional validation 
checks on data submitted in the certification template to identify 
reporting errors.
    ASAP et al. noted that the proposed regulatory language for air 
cleaners refers to ``room size'', while the test procedure specifies 
``effective room size.'' ASAP et al. commented encouraging DOE to 
specify ``effective room size'' in the regulatory language and the 
draft certification template to be consistent with the language in the 
test procedure. (ASAP, et al., No. 14 at p. 3)
    DOE agrees that effective room size is the correct language to use 
and has updated the language in 10 CFR 429.68 to ensure consistency.
    AHAM commented that there is a typographical error relating to 10 
CFR 429.68(a)(2)(ii), in which the language ``equal to the high'' 
should instead have stated ``equal to the lower.'' (AHAM, No. 16 at p. 
7; AHAM, Public Meeting Transcript, No. 6 at p. 55)
    DOE agrees that the language in 10 CFR 429.68(a)(2)(ii) includes an 
error and is correcting the text as suggested by AHAM, consistent with 
the language used in other product-specific certification requirement 
sections in 10 CFR 429.
    AHAM commented that the September 2023 CCE NOPR did not specify how 
air cleaners with uninstalled filters should be tested and certified 
under DOE's certification program. AHAM stated that DOE should add 
language to ensure consistency with AHAM AC-7-2022,\41\ which DOE 
references, but AHAM noted it is with insufficient specificity. AHAM 
commented that DOE should incorporate language to harmonize with 
section 3.6.1 in AHAM AC-7-2022 stating that filters that accompany the 
product in its package must be installed for energy testing and 
certification. (AHAM, No. 16 at p. 7)
---------------------------------------------------------------------------

    \41\ Energy Test Method for Consumer Room Air Cleaners. AHAM AC-
7-2022.
---------------------------------------------------------------------------

    DOE notes that the air cleaners test procedure at 10 CFR 430, 
subpart B, appendix FF (``appendix FF'') incorporates by reference AHAM 
AC-7-2022, including section 3.6.1, which specifies that the filters 
accompanying the product in its package must be installed while 
conducting energy testing and replacement filters shall be used for the 
run-in period. As such, this requirement does not need to be specified 
in the certification reporting requirements since it is a testing 
provision, and it is adequately specified in the test procedure at 
appendix FF.
    During the NOPR public meeting, AHAM referenced the tolerance on 
the rated values of CADR and effective room size during enforcement 
testing. AHAM noted that the CADR values are a reported value, but not 
a regulated value and the proposed certification requirements state 
that the mean of the measured CADR values must be reported without 
applying any tolerance to this value. (AHAM, Public Meeting Transcript, 
No. 6 at p. 53) In written comments, AHAM additionally commented that 
for assessment and enforcement testing of air cleaners, DOE should use 
rated CADR to calculate CADR so long as measured CADR results are 
within 10 percent of reported results; otherwise, DOE should use 
measured results. AHAM commented that the 10-percent tolerance value is 
consistent with AHAM's room air cleaner certification program and based 
on historical experience and past statistical studies where AHAM found

[[Page 82049]]

that smoke CADR or dust CADR with 10-percent tolerance was reflective 
of the within-test and between-product variation of both the air 
cleaner and its filter(s). AHAM additionally commented that the 10-
percent tolerance value has been studied on CADR ranges that would 
historically have been within ANSI/AHAM AC-1 \42\ and are now within 
AHAM AC-7-2022, and this tolerance will address the variation that 
occurs in the manufacture and testing of air cleaners. (AHAM, No. 16 at 
pp. 7-8)
---------------------------------------------------------------------------

    \42\ Method for Measuring Performance of Portable Household 
Electric Room Air Cleaners.
---------------------------------------------------------------------------

    While DOE recognizes that an enforcement provision pertaining to 
the allowable tolerance on CADR values may be appropriate, DOE has not 
provided stakeholders an opportunity to provide comment on such a 
tolerance requirement for smoke CADR and dust CADR; therefore, DOE is 
not including a CADR tolerance in this rulemaking. DOE may consider 
including a CADR enforcement tolerance in a future rulemaking.
    During the NOPR public meeting, AHRI commented asking when the 
templates would be available for air cleaners, which has a compliance 
date starting December 31, 2023. AHRI also asked if there would be an 
enforcement grace period. (AHRI, Public Meeting Transcript, No. 6 at p. 
56) AHAM commented that air cleaner manufacturers are in a precarious 
position because there is an established energy conservation standard 
for air cleaners, but the reporting requirements are not yet 
established. AHAM commented requesting a 180-day lead-in period for air 
cleaner manufacturers to comply with the certification and enforcement 
requirements finalized in this rulemaking. AHAM commented that the 180-
day period should begin when a final reporting template is available 
from DOE and the reporting portal is established. AHAM commented 
encouraging DOE to make a reporting template available immediately upon 
publication of a final rule. (AHAM, No. 16 at p. 8)
    Compliance with the air cleaners standards was required for air 
cleaners manufactured beginning December 31, 2023. However, DOE 
recognizes that manufacturers require some lead-in time to familiarize 
themselves with the new certification template and input relevant data. 
As a result, DOE is not requiring compliance with the air cleaners 
reporting requirements until 210 days after publication of this final 
rule, although manufacturers may choose to submit certification reports 
prior to that date.
    For the reasons discussed in the preceding paragraphs and the 
September 2023 CCE NOPR, DOE is adopting these amendments as proposed 
in the September 2023 CCE NOPR, with a minor clarification to use the 
term ``effective room size''.
2. Reporting Costs and Impacts
    In the September 2023 CCE NOPR, DOE proposed to align air cleaner 
certification reporting requirements with the energy conservation 
standard requirements established in the April 2023 Air Cleaners DFR, 
such that the reporting requirements are applicable to air cleaners 
manufactured on and after December 31, 2023. 88 FR 67458, 67488.
    In the September 2023 CCE NOPR, DOE stated that the addition of the 
proposed reporting requirements for air cleaners would newly require 
manufacturers to report this information. DOE stated it tentatively 
concluded that these proposed reporting requirements would impose 
additional cost to manufacturers and importers. 88 FR 67458, 67458, 
67489. The costs estimated in the September 2023 CCE NOPR associated 
with the proposed changes were described in further detail in section 
IV.C of that NOPR. Id.
    DOE did not receive any comments on the certification and reporting 
costs associated with the proposed reporting requirements for air 
cleaners. In this final rule, DOE makes a final determination that the 
certification reporting costs for air cleaners are consistent with 
those estimated in the September 2023 CCE NOPR and are discussed in 
further detail in section IV.C of this document. Compliance with these 
reporting requirements is not required until 210 days after publication 
of this final rule.

T. Single Package Vertical Units

    DOE is amending the reporting requirements for single package 
vertical air conditioners (``SPVACs'') and single package vertical heat 
pumps (``SPVHPs''), collectively referred to as ``single package 
vertical units'' (``SPVUs'').
    DOE defines an SPVAC as air-cooled commercial package air 
conditioning and heating equipment that: (1) is factory-assembled as a 
single package that: (i) has major components that are arranged 
vertically; (ii) is an encased combination of cooling and optional 
heating components; and (iii) is intended for exterior mounting on, 
adjacent interior to, or through an outside wall; (2) is powered by a 
single-phase or three-phase current; (3) may contain one or more 
separate indoor grilles, outdoor louvers, various ventilation options, 
indoor free air discharges, ductwork, well plenum, or sleeves; and (4) 
has heating components that may include electrical resistance, steam, 
hot water, or gas, but may not include reverse cycle refrigeration as a 
heating means. 10 CFR 431.92. Additionally, DOE defines an SPVHP as a 
single package vertical air conditioner that: (1) uses reverse cycle 
refrigeration as its primary heat source; and (2) may include secondary 
supplemental heating by means of electrical resistance, steam, hot 
water, or gas. Id.
    In a test procedure final rule published in the Federal Register on 
December 7, 2022 (``December 2022 SPVU TP final rule''), DOE added 
definitions for ``single-phase single package vertical air conditioner 
with cooling capacity less than 65,000 Btu/h'' and ``single-phase 
single package vertical heat pump with cooling capacity less than 
65,000 Btu/h.'' 87 FR 75144, 75167-75168; 10 CFR 431.92. DOE defines 
this equipment as SPVACs and SPVHPs with a cooling capacity less than 
65,000 Btu/h that are either: (1) weatherized, or (2) non-weatherized 
and have optional ventilation air provisions available with the ability 
to draw in and condition a minimum of 400 CFM of outdoor air, as 
determined in accordance with 10 CFR 429.134(x)(3), while the equipment 
is operating with the same drive kit and motor settings used to 
determine the certified efficiency rating of the equipment. Id.
    The Federal test procedures are applicable to SPVUs with a cooling 
capacity less than 760,000 Btu/h. (42 U.S.C. 6311(8)(D)(ii)) In the 
December 2022 SPVU TP final rule, DOE incorporated by reference AHRI 
390-2021 which maintains the existing efficiency metrics--energy 
efficiency ratio (``EER'') for cooling mode and coefficient of 
performance (``COP'') for heating mode--but it also added a seasonal 
efficiency metric that includes part-load cooling performance--
integrated energy efficiency ratio (``IEER''). 87 FR 75144, 75167-75170 
(Dec. 7, 2022). In an energy conservation standards NOPR published in 
the Federal Register on December 8, 2022 (``December 2022 SPVU ECS 
NOPR''), DOE proposed to amend the energy conservation standards for 
SPVUs to be based on the IEER metric for cooling efficiency (while 
retaining the COP metric for determining the heating efficiency of 
SPVHPs). 87 FR 75388, 75421. Consistent with the December 2022 SPVU TP 
Final Rule and the December 2022 SPVU ECS NOPR, DOE

[[Page 82050]]

is amending the reporting requirements for SPVUs that would be utilized 
with energy conservation standards denominated in terms of IEER, should 
DOE adopt such standards.
1. Reporting
    Under the existing requirements for SPVACs and SPVHPs in 10 CFR 
429.43(b)(2)(v) and 10 CFR 429.43(b)(2)(vi), respectively, 
manufacturers must report the following information for SPVACs and 
SPVHPs: the energy efficiency ratio (EER in British thermal units per 
Watt-hour (Btu/Wh)) and the rated cooling capacity in British thermal 
units per hour (Btu/h). For SPVHPs, manufacturers must additionally 
report COP.
    These requirements provide for certifying compliance with the 
applicable standards for SPVUs manufactured on and after September 23, 
2019 for units with cooling capacity <65,000 Btu/h, on and after 
October 9, 2015 for units >=65,000 Btu/h and <135,000 Btu/h, and on and 
after October 9, 2016 for units >=135,000 Btu/h and <240,000 Btu/h. 
These energy conservation standards for SPVUs are codified in DOE's 
regulations at 10 CFR 431.97(d)(3). DOE is updating these requirements 
and aligning the reporting requirements with the amended energy 
conservation standards proposed in the December 2022 SPVU ECS NOPR. DOE 
discusses these updates in the sections as follows.
a. Revising Certification Reporting Requirements at 10 CFR 
429.43(b)(2)(v) and 10 CFR 429.43(b)(2)(vi) When Certifying SPVUs of 
All Rated Capacities With IEER Standards
    SPVU manufacturers are currently required to certify compliance 
with EER and, for SPVHPs, COP standards, in addition to the other 
reported items mentioned previously. In the September 2023 CCE NOPR, 
DOE proposed certification requirements when certifying compliance of 
SPVUs of all rated capacities with IEER standards, should such 
standards be adopted. 88 FR 67458, 67489. Specifically, DOE proposed to 
include the following at 10 CFR 429.43(b)(2)(v)(B) and (b)(2)(vi)(B) 
when certifying compliance with an IEER standard: the integrated energy 
efficiency ratio (IEER in British thermal units per Watt-hour (Btu/
Wh)), the rated cooling capacity in British thermal units per hour 
(Btu/h), and the rated airflow in standard cubic feet per minute 
(SCFM). Id. Additionally, DOE proposed to include a requirement to 
certify the coefficient of performance (COP) for SPVHPs at 10 CFR 
429.43(b)(2)(vi)(B). Id. DOE also proposed to move the existing text in 
10 CFR 429.43(b)(2)(v) and 10 CFR 429.43(b)(2)(vi) to 10 CFR 
429.43(b)(2)(v)(A) and 10 CFR 429.43(b)(2)(vi)(A), respectively. DOE 
requested comments on its proposed certification requirements for SPVUs 
of all rated capacities when certifying compliance with IEER standards. 
Id.
    AHRI commented that the ``Action'' field was inadvertently omitted 
from the draft template and stated that this field is standard for DOE 
templates and needs to be included in the final version. (AHRI, No. 18 
at p. 12) During the NOPR public meeting, AHRI stated that the current 
template for SPVUs does not have a distinction between weatherized or 
non-weatherized equipment and added that the certification templates 
should be published closer to the final rule that actually adopt the 
changes. (AHRI, Public Meeting Transcript, No. 6 at pp. 62-63) However, 
in its written comment, AHRI stated that it understands the proposed 
additional certification requirements for SPVUs are necessary based on 
the definitions adopted in the test procedure final rule (AHRI, No. 18 
at p. 12)
    ASAP et al. commented by providing the following suggested 
editorial changes to the regulatory text proposed in the September 2023 
CCE NOPR at 10 CFR 429.43(b)(2)(v)(B) and 10 CFR 429.43(b)(2)(vi)(B): 
removing the word ``rate'' from ``airflow rate of outdoor ventilation 
air.'' (ASAP et al., No. 14 at p. 4)
    Regarding the proposed regulatory text at 10 CFR 
429.43(b)(4)(vii)(B), ASAP et al. commented that the draft 
certification template for SPVACs did not include a field to report the 
compressor break-in period duration. (ASAP et al., No. 14 at p. 5)
    With regards to AHRI's comment that the ``Action'' field was 
inadvertently omitted from the draft template, DOE notes that the 
``Action'' column will be included in the final template that is posted 
for use. With regards to AHRI's comment that there was no distinction 
in the template for weatherized or non-weatherized, DOE notes that this 
was included in the draft certification template column headers 
published along with the September 2023 CCE NOPR in the docket for this 
rulemaking and that AHRI did not comment on any issues concerning the 
distinction for weatherized and non-weatherized in its written comment. 
In reference to ASAP et al.'s comment that the template did not include 
a field to report the break-in period, DOE notes that the proposed 
requirements would include the compressor break-in period in the 
supplemental testing instructions. Finally, with respect to ASAP et 
al.'s recommendation to remove the word ``rate'' from DOE's proposed 
language in 10 CFR 429.43, DOE notes that the term ``airflow rate'' is 
used throughout AHRI 390-2021, which is the industry test procedure 
incorporated by reference by DOE for SPVUs. As a result, to prevent 
confusion and to maintain consistency with the prevailing industry test 
standard, DOE is maintaining the language as proposed.
    Therefore, for the reasons discussed, DOE is adopting this 
amendment as proposed in the September 2023 CCE NOPR.
b. Additional Certification Reporting Requirements for SPVUs With a 
Cooling Capacity <65,000 Btu/h
    As discussed previously, DOE added definitions at 10 CFR 431.92 for 
single-phase SPVACs and SPVHPs with a cooling capacity less than 65,000 
Btu/h. For non-weatherized equipment, the definition requires these 
SPVUs to have the capability to draw in and condition up to 400 CFM of 
outdoor air. The method for determining this outdoor ventilation 
airflow rate is provided at 10 CFR 429.134(x)(3). In the September 2023 
CCE NOPR, DOE proposed to require single-phase SPVAC and SPVHP with 
cooling capacity less than 65,000 Btu/h to report whether the unit is 
weatherized or non-weatherized, and if non-weatherized, the amount of 
outdoor air it is capable of drawing in and conditioning while the 
equipment is operating with the same drive kit and motor settings used 
to determine its certified efficiency rating. 88 FR 67458, 67489. DOE 
noted that these requirements would apply when certifying compliance 
with energy conservation standards denominated in terms of IEER, should 
DOE adopt such standards. Id. at 88 FR 67489-67490. DOE requested 
comment on these proposed additional reporting requirements for SPVUs. 
Id.
    AHRI commented that it did not oppose DOE's proposed certification 
requirements for SPVUs of all rated capacities when certifying 
compliance with IEER standards. (AHRI, No. 18 at p. 12)
    For the reasons discussed in the preceding paragraphs and the 
September 2023 CCE NOPR, DOE is adopting this amendment as proposed in 
the September 2023 CCE NOPR.
c. Updating Supplemental Testing Instructions for SPVACs and SPVHPs
    Manufacturers of SPVUs are currently required to submit 
Supplemental Testing Instructions (``STIs'') regarding: additional test 
instructions if applicable;

[[Page 82051]]

if a variety of motors/drive kits are offered for sale as options in 
the basic model to account for varying installation requirements, the 
model number and specifications of the motor (to include efficiency, 
horsepower, open/closed, and number of poles) and the drive kit, 
including settings, associated with that specific motor that were used 
to determine the certified rating; and which, if any, special features 
were included in rating the basic model. 10 CFR 429.43(b)(4)(vi) and 
(b)(4)(vii). In the September 2023 CCE NOPR, DOE proposed to further 
specify the information manufacturers must report in their STIs that 
would enable the independent testing of the relevant equipment to the 
updated test procedure in terms of IEER, including requirements to 
report compressor break-in period and outdoor air-side attachments, and 
aligning with corresponding requirements for CUACs, where appropriate. 
88 FR 67458, 67490.
    In all, DOE proposed to maintain the current requirements of 10 CFR 
429.43(b)(4)(vi) and (b)(4)(vii), but move them to 10 CFR 
429.43(b)(4)(vi)(A) and (b)(4)(vii)(A) respectively for EER 
certification. Id. DOE proposed to add new provisions for SPVACs and 
SPVHPs in 10 CFR 429.43(b)(4)(vi)(B) and (b)(4)(vii)(B) for IEER 
certification to require: Compressor break-in period duration; rated 
indoor airflow in standard cubic feet per minute (``SCFM''); frequency 
or control set points, including the required dip switch/control 
settings for step or variable-speed components (e.g., compressors, 
VFDs); rated indoor airflow in SCFM for each part-load point used in 
the IEER calculation and any special instructions required to obtain 
operation at each part-load point, such as frequency or control set 
points including dip switch/control settings for step or variable-speed 
components (e.g., compressors, VFDs); a statement whether the model 
will operate at test conditions without manufacturer programming; any 
additional testing instructions, if applicable; and if a variety of 
motors/drive kits are offered for sale as options in the basic model to 
account for varying installation requirements, the model number and 
specifications of the motor (to include efficiency, horsepower, open/
closed, and number of poles) and the drive kit, including settings, 
associated with that specific motor that were used to determine the 
certified rating; outdoor air-side attachments used for testing, or any 
additional applicable testing instructions, are also required. Id. 
Additionally, for SPVHPs, DOE proposed to add a requirement in 10 CFR 
429.43(b)(4)(vii)(B) for the rated airflow in SCFM in heating mode if 
the unit is designed to operate with different airflow rates for 
cooling and heating mode. Id.
    In the September 2023 CCE NOPR DOE noted that the proposed 
certification requirements provide further direction to the existing 
requirements and would not result in significant additional burden for 
manufacturers. Id. DOE stated that where it identified specific test-
related information, the relevant information is already collected by 
or available to the manufacturer, and that as such, reporting that 
information to DOE would result in minimal additional burden. Id. DOE 
requested comment on these proposed requirements. Id.
    AHRI commented in support of DOE's proposed supplemental testing 
instructions requirements for SPVUs when certifying compliance with 
IEER standards, should such standards be adopted. (AHRI, No. 18 at p. 
12)
    For the reasons discussed in the preceding paragraphs and the 
September 2023 CCE NOPR, DOE is adopting this requirement as proposed 
in the September 2023 CCE NOPR.
d. AEDM Tolerance for IEER
    DOE's existing testing regulations allow the use of an AEDM, in 
lieu of testing, to simulate the efficiency of SPVUs. 10 CFR 429.43(a). 
For models certified with an AEDM, results from DOE verification tests 
are subject to certain tolerances when compared to certified ratings. 
Currently, DOE specifies a 5-percent tolerance for SPVUs verification 
tests for both EER and COP, identical to the current tolerance 
specified for these single-point metrics for other categories of 
commercial air conditioners and heat pumps. See table 2 to paragraph 
(c)(5)(vi)(B) at 10 CFR 429.70. For integrated seasonal metrics (i.e., 
IEER) for other categories of commercial air conditioners and heat 
pumps, DOE specifies a 10-percent tolerance. See Id. In alignment with 
such tolerances, in the September 2023 CCE NOPR, DOE proposed to 
specify a 10-percent tolerance for IEER for SPVUs in Table 2 to 
paragraph (c)(5)(vi)(B) at 10 CFR 429.70. 88 FR 67458, 67490. DOE 
requested comment on this proposed IEER AEDM tolerance for SPVUs. Id.
    AHRI commented in support of DOE's proposal to specify a tolerance 
of 10 percent for SPVU verification tests for IEER. (AHRI, No. 18 at p. 
12)
    For the reasons discussed in the preceding paragraphs and the 
September 2023 CCE NOPR, DOE is adopting this requirement for AEDM 
tolerances for SPVUs as proposed in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
    In the September 2023 NOPR, DOE proposed to align SPVU 
certification reporting requirements with the amended energy 
conservation standards proposed in the December 2022 SPVU ECS NOPR. 88 
FR 67458, 67490.
    DOE stated that it tentatively determined these proposed amendments 
would not impose additional costs for manufacturers, because 
manufacturers of SPVUs are already submitting certification reports to 
DOE and should have readily available the information that DOE is 
proposing to collect as part of this rulemaking. DOE stated that it did 
not believe the revised reporting requirements will cause any 
appreciable change in reporting burden or hours as compared to what 
SPVU manufacturers are currently doing. Id.
    AHRI restated its opposition to what it perceives as the 
reclassification of SPVUs as CAC/HPs due to the financial impact to 
manufacturers since this equipment had been tested, rated, marketed, 
sold, and installed as SPVUs. AHRI commented that manufacturers did not 
have testing to a different standard readily available and proposed 
amendments would impose additional costs for manufacturers. AHRI 
commented this reclassification of SPVUs as CAC/HPs would appreciably 
change reporting burden or hours as compared to what SPVU manufacturers 
are currently doing. (AHRI, No. 18 at pp. 12-13)
    As discussed in the December 2022 SPVU Test Procedure Final Rule, 
the new definitions do not reclassify any products; DOE concluded that 
any products not meeting the SPVU definitions should have been properly 
classified as consumer products. (See 87 FR 75144, 75147-75152 for more 
details.) Consequently, DOE disagrees with AHRI's characterization of 
this situation, and the Department again concludes that the proposals 
from the September 2023 NOPR would not alter burden for manufacturers 
of SPVUs and do not reclassify any models.
    Therefore, in this final rule, DOE makes a final determination that 
these amendments would not cause any measurable change in reporting 
burden or hours for SPVU manufacturers. Compliance with these amended 
reporting requirements is not required until the compliance date of 
amended energy conservation standards denominated in terms of IEER, if 
adopted.

[[Page 82052]]

U. Ceiling Fan Light Kits

    DOE is amending the reporting requirements for CFLKs, which DOE 
defines as equipment designed to provide light from a ceiling fan that 
can be (1) integral, such that the equipment is attached to the ceiling 
fan prior to the time of retail sale; or (2) attachable, such that at 
the time of retail sale the equipment is not physically attached to the 
ceiling fan, but may be included inside the ceiling fan at the time of 
sale or sold separately for subsequent attachment to the fan. 10 CFR 
430.2.
1. Reporting
    In 10 CFR 429.33(b)(2)(ii)(A) and (b)(3)(ii)(B), DOE specifies 
information that must be included in the certification report for each 
basic model of CFLK manufactured on or after January 21, 2020. These 
paragraphs specify these requirements ``for each basic model of lamp 
and/or each basic model of non-consumer-replaceable SSL packaged with 
the ceiling fan light kit.'' On April 10, 2023, DOE published a final 
rule amending CFLK test procedures (``April 2023 CFLK TP Final Rule''). 
88 FR 21061. In the April 2023 CFLK TP Final Rule, to clarify 
terminology used in the test procedure, DOE replaced the terms ``other 
SSL products'' and ``integrated SSL circuitry'' with, respectively, 
``consumer-replaceable SSL'' and ``non-consumer-replaceable SSL'' in 
the CFLK test procedure appendix, 10 CFR 429.33, 10 CFR 430.23(x), and 
10 CFR 430.32(s)(6). 88 FR 21061, 21067-21068. Because 10 CFR 
429.33(b)(2)(ii)(A) and (b)(3)(ii)(B) only specified ``integrated SSL 
circuitry'' and omitted ``other SSL products,'' the April 2023 CFLK TP 
Final Rule only replaced ``integrated SSL circuitry'' with ``non-
consumer-replaceable SSL'' and did not include ``consumer replaceable 
SSL,'' the replacement term for ``other SSL products.'' 88 FR 21061, 
21072. Hence, CFLKs packaged with consumer-replaceable SSL are 
inadvertently omitted from this language. In the September 2023 CCE 
NOPR, DOE proposed to modify this language to include them and read as 
follows, ``for each basic model of lamp, each basic model of consumer-
replaceable SSL, and/or each basic model of non-consumer-replaceable 
SSL packaged with the ceiling fan light kit.'' 88 FR 67458, 67491. DOE 
stated that this proposed modification to 10 CFR 429.33(b)(2)(ii)(A) 
and (b)(3)(ii)(B) would ensure that all types of CFLKs are explicitly 
included in certification requirements. Id. DOE requested comment on 
this proposed modification. Id.
    ALA commented that it appreciates DOE's attempt to eliminate 
confusion created by terminology and definition changes that were 
finalized in the April 2023 CFLK TP Final Rule. ALA stated it also 
appreciates that DOE did not change the certification requirements for 
CFLKs. (ALA, No. 7 at p. 2)
    For the reasons discussed in the prior paragraphs and in the 
September 2023 CCE NOPR, in this final rule DOE is adopting the 
corrections to 10 CFR 429.33(b)(2)(ii)(A) and (b)(3)(ii)(B) for CFLKs 
as proposed in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
    In the September 2023 CCE NOPR, DOE proposed to correct the 
existing certification reporting requirements for CFLKs manufactured on 
or after January 21, 2020. 88 FR 67458, 67491.
    In the September 2023 CCE NOPR, DOE tentatively determined that 
these proposed amendments would not impose additional costs for 
manufacturers because manufacturers of CFLKs are already submitting 
certification reports to DOE and should have readily available the 
information that DOE was proposing to collect as part of this 
rulemaking. 88 FR 67458, 67491. DOE stated that it did not believe the 
revised reporting requirements would cause any appreciable change in 
reporting burden or hours as compared to what CFLK manufacturers are 
currently doing today. Id.
    AHRI and ALA commented that any changes to a certification template 
can impact manufacturer burden by increasing administrative work and 
affecting timing as it relates to certifying and reporting to DOE. 
(AHRI, Public Meeting Transcript, No. 6 at p. 66; ALA, Public Meeting 
Transcript, No. 6 at pp. 64-65; ALA, No. 7 at p.1) AHRI further stated 
that small changes, including changing the text and template number, 
impact timing. (AHRI, Public Meeting Transcript, No. 6 at pp. 65-66) 
ALA agreed with DOE that as long as no change is made to the current 
certification template, there will be no additional costs incurred by 
manufacturers. (ALA, No. 7 at p.2)
    DOE is not planning to issue a revised template version based on 
the amendments to CFLK certification requirements being adopted in this 
final rule. Given that DOE is not revising the template, DOE maintains 
it findings from the September 2023 NOPR that the amendments to CFLK 
reporting requirements being adopted will not impose additional costs 
for manufacturers, nor will they cause any appreciable change in 
reporting burden or hours as compared to what CFLK manufacturers are 
currently doing today.

V. General Service Lamps

    DOE defines a ``general service lamp'' as a lamp that has an 
American National Standards Institute (``ANSI'') base; is able to 
operate at a voltage of 12 volts or 24 volts, at or between 100 to 130 
volts, at or between 220 to 240 volts, or of 277 volts for integrated 
lamps, or is able to operate at any voltage for non-integrated lamps; 
has an initial lumen output of greater than or equal to 310 lumens (or 
232 lumens for modified spectrum general service incandescent lamps) 
and less than or equal to 3,300 lumens; is not a light fixture; is not 
an LED downlight retrofit kit; is used in general lighting 
applications; and is not one of the 26 lamp types exempted from the 
definition. (See 10 CFR 430.2 for the full definition.)
    On May 9, 2022, DOE published in the Federal Register a final rule 
codifying the 45 lm/W backstop requirement for GSLs that Congress 
prescribed in amendments to EPCA (``May 2022 GSL Backstop Rule''). 89 
FR 27439. In that rule, DOE explained it would issue a separate 
enforcement policy informed by the comments received in response to the 
rulemaking. Id. at 89 FR 27452. DOE issued a phased-in enforcement 
policy \43\ for the GSL backstop requirement. For manufacturers 
(including importers) and private labelers, the policy set forth: (1) a 
period of enforcement leniency from the effective date of the final 
rule that codified the backstop through August 31, 2022; (2) a period 
of progressive enforcement consisting of warning notices and then 
reduced penalties from September 1, 2022 through December 31, 2022, and 
(3) end of enforcement flexibilities January 1, 2023. For distributors 
and retailers, this timeline was adjusted by seven months, beginning 
with warning notices in January 2023, progressing to reduced penalties 
two months later, and culminating in full enforcement in July 2023. On 
October 14, 2022, DOE issued a guidance document \44\ stating that 
manufacturers and importers are not currently required to certify 
compliance to the GSL backstop requirement and that DOE may address the 
certification requirements for the backstop in a separate, future 
rulemaking. DOE had previously established reporting

[[Page 82053]]

requirements for GSLs at 10 CFR 429.57 in a test procedure final rule 
published in the Federal Register on October 20, 2016. 81 FR 72493, 
72503.
---------------------------------------------------------------------------

    \43\ See https://www.energy.gov/sites/default/files/2022-04/GSL_EnforcementPolicy_4_25_22.pdf.
    \44\ See https://www1.eere.energy.gov/buildings/appliance_standards/pdfs/GSL_Cert_Guidance_Final.pdf.
---------------------------------------------------------------------------

    Because DOE has reached the full enforcement phase of the previous 
enforcement policy as described in the previous paragraph, in this 
final rule, DOE is clarifying that manufacturers and importers must 
certify compliance to the backstop requirement for GSLs. As stated, 
certification and reporting requirements for GSLs can be found at 10 
CFR 429.57. DOE is not establishing or amending any regulations 
regarding GSLs in this final rule, but is clarifying the applicability 
of the existing regulations in the context of the previous enforcement 
policy and guidance document. Because the enforcement policy and 
guidance document are no longer applicable, DOE is rescinding these 
documents concurrent with this final rule.
    Similar to the reporting requirements for other products and 
equipment established in this final rule, DOE is allowing manufacturers 
a 210-day transition period after publication of this final rule before 
certification reports must be submitted to DOE. As stated, the 
certification and reporting requirements for GSLs currently exist in 10 
CFR 429.57. DOE will use enforcement discretion for the 210-day 
transition period to allow GSL manufacturers time to comply with the 
existing requirements. Sellers (who are not ``manufacturers'' under 
EPCA) will not be required to certify compliance to the backstop 
requirement for GSLs, but must ensure that GSLs available for sale 
comply with the energy conservation standards specified at 10 CFR 
430.32(dd).

W. Additional Corrections

    10 CFR 429.12(i) includes the compliance dates for certain 
products. Specifically, the instructions state that for any product 
subject to an applicable energy conservation standard for which the 
compliance date has not yet occurred, the manufacturer must submit a 
certification report no later than the compliance date for the 
applicable energy conservation standard. However, for the covered 
products currently listed in 10 CFR 429.12(i), the compliance dates for 
initial certification have already occurred. Accordingly, in the 
September 2023 CCE NOPR, DOE proposed to remove the covered products 
and associated compliance dates in 10 CFR 429.12(i)(1)-(5). 88 FR 
67458, 67491. DOE also proposed to add three new paragraphs at 10 CFR 
429.12(i)(1)-(3) for air cleaners, DPPPMs, and DX-DOASes. Id. DOE noted 
that initial certification would be required by December 31, 2023 for 
air cleaners and May 1, 2024 for DX-DOASes, and 24 months after date of 
publication of a final rule amending DPPPM standards for DPPPMs. Id.
    DOE did not receive any comments on the proposed amendments to 10 
CFR 429.12(i). However, DOE notes that since publication of the 
September 2023 CCE NOPR, DOE published the September 2023 DPPPM Final 
Rule which established a compliance date of September 29, 2025 for 
DPPPMs <0.5 THP and for DPPPMs >=1.15 THP and <=5 THP and a compliance 
date of September 28, 2027 for DPPPMs >=0.5 THP and <1.15 THP. 
Accordingly, in this final rule, DOE is adopting the initial 
certification date of September 29, 2025 for DPPPMs <0.5 THP and for 
DPPPMs >=1.15 THP and <=5 THP and the initial certification date of 
September 28, 2027 for DPPPMs >=0.5 THP and <1.15 THP, consistent with 
the September 2023 DPPPM Final Rule.
    Additionally, DOE notes that the December 31, 2023, initial 
certification date for air cleaners that was proposed in the September 
2023 CCE NOPR has now passed. As this subparagraph includes initial 
certification dates for products subject to an applicable energy 
conservation standard for which the compliance date has not yet 
occurred and the compliance date for air cleaners has now occurred, 
including this initial certification date as proposed could potentially 
cause confusion. Therefore, DOE is not including the initial 
certification date for air cleaners in 10 CFR 429.12(i) as proposed in 
the September 2023 CCE NOPR. As stated in section III.S.2 of this 
notice, initial certification with the newly adopted certification 
requirements for air cleaners is not required until 210 days after 
publication of this final rule.
    The initial certification date for DX-DOASes is being finalized as 
proposed in the September 2023 CCE NOPR.
    DOE provides definitions related to the energy efficiency program 
for certain commercial and industrial equipment in 10 CFR 431.2. In 
this section, DOE has identified updates needed in two definitions. The 
definition for ``covered equipment'' lists covered equipment and notes 
where the covered equipment term is defined within 10 CFR. The term 
``Commercial heating, ventilating, and air conditioning, and water 
heating product (HVAC & WH product)'' is included in this list and 
refers to this term as defined in 10 CFR 431.172. However, this term is 
defined in 10 CFR 431.2, rather than 10 CFR 431.172. As such, in the 
September 2023 CCE NOPR, DOE proposed to update the definition for 
``covered equipment'' to update the reference to the definition for 
``commercial heating, ventilating, and air conditioning, and water 
heating product'' in 10 CFR 431.2. 88 FR 67458, 67491.
    Additionally, the definition of ``covered equipment'' in 10 CFR 
431.2 is intended to reference each equipment type covered within 10 
CFR part 431. The current definition does not include all covered 
equipment types. Therefore, in the September 2023 CCE NOPR, DOE 
proposed to add these equipment types and their corresponding 
definition section references within the definition of covered 
equipment in 10 CFR 431.2. Id. Specifically, DOE proposes to add 
references to: fan or blower, as defined in 10 CFR 431.172; compressor, 
as defined in 10 CFR 431.342; small electric motor, as defined in 10 
CFR 431.442; pump, as defined in 10 CFR 431.462; and dedicated purpose 
pool pump motor, as defined in 10 CFR 431.483. Id.
    DOE did not receive any comments on its proposal to amend the 
definition for ``covered equipment'' in 10 CFR 431.2. For the reasons 
discussed in the preceding paragraphs and the September 2023 CCE NOPR, 
DOE is adopting the amended definition of ``covered equipment'' in 10 
CFR 431.2 as discussed in the September 2023 CCE NOPR.

X. Revised Certification Templates

    DOE notes that the Department strives to finalize certification 
templates as expeditiously as possible, in order to provide certifiers 
sufficient time to prepare for the compliance dates of any upcoming 
amended energy conservation standards. The specific templates that must 
be used for certifying compliance of covered products and equipment to 
DOE are available for download at www.regulations.doe.gov/ccms/templates.

Y. Effective and Compliance Dates

    The effective date for the adopted reporting requirement amendments 
will be 75 days after publication of this final rule in the Federal 
Register. Submission of the data specified by the amended reporting 
provisions will be required for the applicable certification reports 
that are required to be submitted under 10 CFR 429.12 beginning 210 
days following publication of this final rule in the Federal Register, 
when certifying compliance with the next annual certification report 
filing date to occur on or after 210 days following publication of this 
final rule in the Federal Register, or upon the compliance date of any 
associated

[[Page 82054]]

energy conservation standards, as outlined for each product or 
equipment type in each applicable subsection of section III of this 
document. However, certification reports may be submitted in accordance 
with these amended requirements prior to the compliance date if the 
manufacturer elects to do so.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866, 13563, and 14094

    Executive Order (``E.O.'') 12866, ``Regulatory Planning and 
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving 
Regulation and Regulatory Review,'' 76 FR 3821 (Jan. 21, 2011) and 
amended by E.O. 14094, ``Modernizing Regulatory Review,'' 88 FR 21879 
(April 11, 2023), requires agencies, to the extent permitted by law, to 
(1) propose or adopt a regulation only upon a reasoned determination 
that its benefits justify its costs (recognizing that some benefits and 
costs are difficult to quantify); (2) tailor regulations to impose the 
least burden on society, consistent with obtaining regulatory 
objectives, taking into account, among other things, and to the extent 
practicable, the costs of cumulative regulations; (3) select, in 
choosing among alternative regulatory approaches, those approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety, and other advantages; distributive impacts; 
and equity); (4) to the extent feasible, specify performance 
objectives, rather than specifying the behavior or manner of compliance 
that regulated entities must adopt; and (5) identify and assess 
available alternatives to direct regulation, including providing 
economic incentives to encourage the desired behavior, such as user 
fees or marketable permits, or providing information upon which choices 
can be made by the public. DOE emphasizes as well that E.O. 13563 
requires agencies to use the best available techniques to quantify 
anticipated present and future benefits and costs as accurately as 
possible. In its guidance, the Office of Information and Regulatory 
Affairs (``OIRA'') in the Office of Management and Budget (``OMB'') has 
emphasized that such techniques may include identifying changing future 
compliance costs that might result from technological innovation or 
anticipated behavioral changes. For the reasons stated in the preamble, 
this final regulatory action is consistent with these principles.
    Section 6(a) of E.O. 12866 also requires agencies to submit 
``significant regulatory actions'' to OIRA for review. OIRA has 
determined that this final regulatory action does not constitute a 
``significant regulatory action'' under section 3(f) of E.O. 12866. 
Accordingly, this action was not submitted to OIRA for review under 
E.O. 12866.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of a final regulatory flexibility analysis (FRFA) for any 
final rule where the agency was first required by law to publish a 
proposed rule for public comment, unless the agency certifies that the 
rule, if promulgated, will not have a significant economic impact on a 
substantial number of small entities. As required by Executive Order 
13272, ``Proper Consideration of Small Entities in Agency Rulemaking,'' 
67 FR 53461 (August 16, 2002), DOE published procedures and policies on 
February 19, 2003 to ensure that the potential impacts of its rules on 
small entities are properly considered during the DOE rulemaking 
process. 68 FR 7990. DOE has made its procedures and policies available 
on the Office of the General Counsel's website: www.energy.gov/gc/office-general-counsel. DOE reviewed this final rule under the 
provisions of the Regulatory Flexibility Act and the procedures and 
policies published on February 19, 2003.
    DOE has concluded that the removal of outdated reporting 
requirements and the addition of new reporting requirements adopted in 
this final rule will not impose additional costs for manufacturers of 
CAC/HPs, DWs, RCWs, dehumidifiers, EPSs, battery chargers, CRACs, 
three-phase, less than 65,000 Btu/h ACUACs and ACUHPs, three-phase, 
less than 65,000 Btu/h VRF, ACIMs, walk-ins, commercial and industrial 
pumps, portable ACs, compressors, SPVUs, and CFLKs for the reasons 
discussed in section III of this document. For these products and 
equipment, DOE has determined that the amendments will not impose 
additional costs for manufacturers because manufacturers are already 
submitting certification reports to DOE and should have readily 
available the information that DOE is requiring as part of this 
rulemaking. For GSLs, DOE is not changing reporting requirements and 
only specifying compliance with existing ones. Consequently, for these 
types of covered products and equipment, the changes in this final rule 
are not expected to have a significant economic impact on related 
entities regardless of size.
    For electric pool heaters, no certification is currently required. 
This final rule is adding reporting requirements to align with the 
amended energy conservation standards finalized in the May 2023 Pool 
Heaters Final Rule, which established new and amended energy 
conservation standards for electric pool heaters. 88 FR 34624. 
Therefore, electric pool heater manufacturers will incur additional 
paperwork costs. Consumer pool heaters are classified under NAICS code 
333414, ``heating equipment (except warm air furnaces) manufacturing.'' 
The SBA sets a threshold of 500 employees or fewer for an entity to be 
considered as a small business for this category. DOE used publicly 
available information to identify potential small manufacturers. DOE's 
research involved industry trade association membership directories 
(e.g., AHRI), information from previous rulemakings, individual company 
websites, and market research tools (e.g., D&B Hoovers reports) to 
create a list of companies that manufacture consumer pool heaters. DOE 
also asked stakeholders and industry representatives if they were aware 
of any additional small manufacturers during manufacturer interviews. 
DOE reviewed publicly available data and contacted various companies on 
its complete list of manufacturers to determine whether they met the 
SBA's definition of a small business manufacturer. DOE screened out 
companies that do not offer products impacted by this rulemaking, do 
not meet the definition of a ``small business,'' or are foreign-owned 
and operated. DOE identified 21 companies manufacturing consumer pool 
heaters covered by this proposed rulemaking. Of these manufacturers, 
DOE identified six as domestic small businesses. None of these six 
businesses manufacture gas fired pool heaters. Five manufacture 
electric heat pump pool heaters and one manufactures electric 
resistance pool heaters. DOE estimates that the increased certification 
burden would result in 35 hours per manufacturer to develop the 
required certification reports. Therefore, based on a fully burdened 
labor rate of $73 per hour, the estimated total annual cost to 
manufacturers would be $2,555 per manufacturer.\45\ Using available 
public information, DOE estimated the average

[[Page 82055]]

annual revenue of the six small businesses. Among the small businesses, 
the lowest estimated annual revenue was approximately $259,000--
therefore, this additional certification cost of $2,555 per 
manufacturer represents less than 1 percent of the identified 
manufacturer's annual revenue.
---------------------------------------------------------------------------

    \45\ Supporting Statement for Certification Reports, Compliance 
Statements, Application for a Test Procedure Waiver, and Recording 
keeping for Consumer Products and Commercial Equipment Subject to 
Energy or Water Conservation Standards. Available at omb.report/omb/
1910-1400.
---------------------------------------------------------------------------

    Additionally, for DX-DOASes, no certification is currently 
required. This final rule is adding reporting requirements to align 
with the new energy conservation standards. 10 CFR 431.97(g). 
Therefore, DX-DOASes manufacturers will incur additional paperwork 
costs as well. DX-DOASes are classified under NAICS code 333415,\46\ 
``Air-Conditioning and Warm Air Heating Equipment and Commercial and 
Industrial Refrigeration Equipment Manufacturing.'' The SBA sets a 
threshold of 1,250 employees or fewer for an entity to be considered as 
a small business for this category. In reviewing the DX-DOAS market, 
DOE used company websites, marketing research tools, product 
catalogues, and other public information to identify companies that 
manufacture DX-DOASes. DOE screened out companies that do not meet the 
definition of ``small business'' or are foreign-owned and operated. DOE 
used subscription-based business information tools to determine 
headcount, revenue, and geographic presence of the small businesses. 
DOE identified twelve companies manufacturing DX-DOASes covered by this 
rulemaking. Of these manufacturers, DOE identified one as a domestic 
small business. DOE estimates that the increased certification burden 
would result in 35 hours per manufacturer to develop the required 
certification reports. Therefore, based on a fully burdened labor rate 
of $73 per hour, the estimated total annual cost to manufacturers would 
be $2,555 per manufacturer.\47\ DOE understands the annual revenue of 
the small business that manufactures DX-DOASes to be approximately $66 
million. 87 FR 5560, 5584. Therefore, this additional certification 
cost of $2,555 per manufacturer represents significantly less than 1 
percent of the identified manufacturer's annual revenue.
---------------------------------------------------------------------------

    \46\ The business size standards are listed by NAICS code and 
industry description and are available at www.sba.gov/document/support-table-size-standards (last Accessed July 29th, 2021).
    \47\ Supporting Statement for Certification Reports, Compliance 
Statements, Application for a Test Procedure Waiver, and Recording 
keeping for Consumer Products and Commercial Equipment Subject to 
Energy or Water Conservation Standards. Available at omb.report/omb/
1910-1400.
---------------------------------------------------------------------------

    This document also adopts certification reporting requirements for 
commercial electric instantaneous water heaters, which align with the 
previously inadvertently omitted energy conservation standards put in 
place by EPCA and adopted in the October 2023 CWH Final Rule. 88 FR 
69686. As a result, commercial electric instantaneous water heater 
manufacturers will incur additional paperwork costs. CWHs are 
classified under NAICS code 333310,\48\ ``Commercial and Service 
Industry Machinery Manufacturing.'' In 13 CFR 121.201, the SBA sets a 
threshold of 1,000 employees or fewer for an entity to be considered as 
a small business for this category. DOE's analysis relied on publicly 
available databases to identify potential small businesses that 
manufacture equipment covered in this rulemaking. DOE utilized the 
California Energy Commission's MAEDbS,\49\ DOE's ENERGY STAR 
Database,\50\ and DOE's CCD \51\ in identifying manufacturers. DOE's 
research identified nine original equipment manufacturers (``OEMs'') of 
commercial electric instantaneous water heaters being sold in the U.S. 
market. Of these nine companies, DOE identified three as domestic small 
businesses. The small businesses do not currently certify any other 
CWHs to DOE's Compliance Certification Management System (``CCMS''). 
DOE estimates that the increased certification burden would result in 
35 hours per manufacturer to develop the required certification 
reports. Therefore, based on a fully burdened labor rate of $73 per 
hour, the estimated total annual cost to manufacturers would be $2,555 
per manufacturer.\52\ Using available public information, DOE estimated 
the annual revenue for all three small businesses that manufacture 
commercial electric instantaneous water heaters. The small business 
with the least annual revenue has an annual revenue of approximately 
$10,400,000. Therefore, this additional certification cost of $2,555 
per manufacturer represents significantly less than 1 percent of each 
identified manufacturer's annual revenue.
---------------------------------------------------------------------------

    \48\ The business size standards are listed by NAICS code and 
industry description and are available at www.sba.gov/document/support-table-size-standards (last accessed March 7, 2023).
    \49\ MAEDbS can be accessed at https://www.energy.ca.gov/programs-and-topics/programs/appliance-efficiency-program-outreach-and-education/modernized (last accessed July 15, 2021).
    \50\ ENERGY STAR-certified products can be found in the ENERGY 
STAR database accessed at www.energystar.gov/productfinder/product/certified-commercial-water-heaters/results (last accessed July 15, 
2021).
    \51\ Certified equipment in the CCD are listed by product class 
and can be accessed at www.regulations.doe.gov/certification-data/#q=Product_Group_s%3A* (last accessed July 15, 2021).
    \52\ Supporting Statement for Certification Reports, Compliance 
Statements, Application for a Test Procedure Waiver, and Recording 
keeping for Consumer Products and Commercial Equipment Subject to 
Energy or Water Conservation Standards. Available at omb.report/omb/
1910-1400.
---------------------------------------------------------------------------

    For DPPPMs, no certification is currently required. This final rule 
is adding reporting requirements to align with the energy conservation 
standards adopted in the September 2023 DPPPM Final Rule. 88 FR 66966. 
Therefore, DPPPM manufacturers will incur additional paperwork costs. 
DPPPMs are classified under NAICS code 335312, ``Motor and Generator 
Manufacturing.'' The SBA sets a threshold of 1,250 employees or fewer 
for an entity to be considered as a small business in this category. 
DOE screened out companies that do not offer products impacted by this 
rulemaking, do not meet the definition of a ``small business,'' or are 
foreign-owned and operated. DOE identified five companies manufacturing 
DPPPMs for the domestic market. Of those, DOE determined that one 
company met the SBA definition of a small business. DOE estimates that 
the increased certification burden would result in 35 hours per 
manufacturer to develop the required certification reports annually. 
Therefore, based on a fully burdened labor rate of $73 per hour, the 
estimated total annual cost to manufacturers would be $2,555 per 
manufacturer.\53\ DOE was able to identify an annual revenue estimate 
of approximately $28.2 million for the small business.\54\ Therefore, 
this additional certification cost of $2,555 per manufacturer 
represents significantly less than 1 percent of the identified 
manufacturer's annual revenue.
---------------------------------------------------------------------------

    \53\ Supporting Statement for Certification Reports, Compliance 
Statements, Application for a Test Procedure Waiver, and Recording 
keeping for Consumer Products and Commercial Equipment Subject to 
Energy or Water Conservation Standards. Available at omb.report/omb/
1910-1400.
    \54\ The small business's annual revenue estimate is taken from 
D&B Hoovers (app.avention.com).
---------------------------------------------------------------------------

    This final rule also adds reporting requirements to align with the 
energy conservation standards established in the April 2023 Air 
Cleaners DFR, which developed new energy conservation standards for air 
cleaners. Therefore, air cleaner manufacturers will incur additional 
paperwork costs. Air cleaners are classified under NAICS code 335210, 
``Small Electrical Appliance Manufacturing.'' The SBA sets a threshold 
of 1,500 employees or fewer for an entity to be considered as a small 
business for this category. DOE conducted a market survey to identify

[[Page 82056]]

potential small manufacturers of air cleaners. DOE began its assessment 
by reviewing Association of Home Appliance Manufacturers' (AHAM's) 
database \55\ of air cleaners, models in ENERGY STAR V.2.0,\56\ 
California Air Resources Board,\57\ and individual company websites. 
DOE then consulted publicly available data, such as manufacturer 
websites, manufacturer specifications and product literature, and 
import/export logs (e.g., bills of lading from Panjiva) \58\, to 
identify OEMs of air cleaners. DOE further relied on public data and 
subscription-based market research tools (e.g., Dun & Bradstreet 
reports) \59\ to determine company, location, headcount, and annual 
revenue. DOE screened out companies that do not offer products covered 
by this proposed rulemaking, do not meet the SBA's definition of a 
``small business,'' or are foreign-owned and operated. DOE initially 
identified 43 OEMs that sell air cleaners in the United States. Of the 
43 OEMs identified, DOE tentatively determined four companies qualify 
as small businesses and are not foreign-owned and operated. DOE 
estimates that the increased certification burden would result in 35 
hours per manufacturer to develop the required certification reports. 
Therefore, based on a fully burdened labor rate of $73 per hour, the 
estimated total annual cost to manufacturers would be $2,555 per 
manufacturer.\60\ Using available public information, DOE estimated the 
annual revenue for all four small businesses that manufacture air 
cleaners. The small business with the least annual revenue has an 
annual revenue of approximately $1.3 million. Therefore, this 
additional certification cost of $2,555 per manufacturer represents 
significantly less than 1 percent of each identified manufacturer's 
annual revenue.
---------------------------------------------------------------------------

    \55\ Association of Home Appliance Manufacturers. ``Find a 
Certified Room Air Cleaner.'' Available at ahamverifide.org/directory-of-air-cleaners/ (last accessed Jan. 24, 2022).
    \56\ Available at data.energystar.gov/Active-Specifications/ENERGY-STAR-Certified-Room-Air-Cleaners/jmck-i55n/data (last 
accessed May 31, 2022).
    \57\ The California Air Resources Board. ``List of CARB-
Certified Air Cleaning Devices.'' Available at ww2.arb.ca.gov/list-carb-certified-air-cleaning-devices (last accessed May 31, 2022).
    \58\ S&P Global. Panjiva Market Intelligence is available at 
panjiva.com/import-export/United-States (last accessed May 5, 2022).
    \59\ The Dun & Bradstreet Hoovers login is available at 
app.dnbhoovers.com.
    \60\ Supporting Statement for Certification Reports, Compliance 
Statements, Application for a Test Procedure Waiver, and Recording 
keeping for Consumer Products and Commercial Equipment Subject to 
Energy or Water Conservation Standards. Available at omb.report/omb/
1910-1400.
---------------------------------------------------------------------------

    DOE reviewed this final rule under provisions of the Regulatory 
Flexibility Act and the policies and procedures published on February 
19, 2003. On the basis of the forgoing, DOE concludes that the impacts 
of the amendments to DOE's certification regulations adopted in this 
final rule will not have a ``significant economic impact on a 
substantial number of small entities,'' and the preparation of a FRFA 
is not warranted. DOE has submitted a certification and supporting 
statement of factual basis to the Chief Counsel for Advocacy of the SBA 
for review under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of CAC/HPs, DWs, RCWs, pool heaters, dehumidifiers, 
EPSs, battery chargers, CRACs, DX-DOASes, three-phase, less than 65,000 
Btu/h ACUACs and ACUHPs, three-phase, less than 65,000 Btu/h VRF, CWHs, 
ACIMs, walk-ins, commercial and industrial pumps, portable ACs,\61\ 
compressors, DPPPMs, air cleaners, SPVUs, CFLKs, and GSLs must certify 
to DOE that their products comply with any applicable energy 
conservation standards. To certify compliance, manufacturers must first 
obtain test data for their products according to the DOE test 
procedures, including any amendments adopted for those test procedures. 
DOE has established regulations for the certification and recordkeeping 
requirements for all covered consumer products and commercial 
equipment, including CAC/HPs, DWs, RCWs, pool heaters, dehumidifiers, 
EPSs, battery chargers, CRACs, DX-DOASes, three-phase, less than 65,000 
Btu/h ACUACs and ACUHPs, three-phase, less than 65,000 Btu/h VRF, CWHs, 
ACIMs, walk-ins, commercial and industrial pumps, portable ACs, 
compressors, DPPPMs, air cleaners, SPVUs, CFLKs, and GSLs. (See 
generally 10 CFR part 429.) The collection-of-information requirement 
for the certification and recordkeeping is subject to review and 
approval by OMB under the PRA. This requirement has been approved by 
OMB under OMB control number 1910-1400. Public reporting burden for the 
certification is estimated to average 35 hours per response, including 
the time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information.
---------------------------------------------------------------------------

    \61\ The certification reporting requirements for portable ACs 
were established in the January 2020 Portable ACs ECS Final Rule. 
However, the energy conversation standard for portable ACs does not 
go into effect until January 2025, until which time manufacturers 
may optionally submit certification reports to DOE.
---------------------------------------------------------------------------

1. Description of the Requirements
    DOE is establishing or amending the reporting requirements for CAC/
HPs, DWs, RCWs, pool heaters, dehumidifiers, EPSs, battery chargers, 
CRACs, DX-DOASes, three-phase, less than 65,000 Btu/h ACUACs and 
ACUHPs, three-phase, less than 65,000 Btu/h VRF, CWHs, ACIMs, walk-ins, 
commercial and industrial pumps, portable ACs, compressors, DPPPMs, air 
cleaners, SPVUs, and CFLKs. For GSLs, DOE is not changing reporting 
requirements and only specifying compliance with existing ones. DOE has 
sent a revised information collection approval to OMB under the 
existing Control Number 1910-1400. The revisions will just reflect the 
changes finalized in this rulemaking as an amendment to the existing 
information collection.
2. Method of Collection
    DOE is requiring that respondents submit electronic forms using 
DOE's online CCMS. DOE's CCMS is publicly accessible at 
www.regulations.doe.gov/ccms/, and includes instructions for users, 
registration forms, and the product-specific reporting templates 
required for use when submitting information to CCMS.
3. Data
    The following are DOE estimates of the total annual reporting and 
recordkeeping burden imposed on manufacturers of CAC/HPs, DWs, RCWs, 
pool heaters, dehumidifiers, EPSs, battery chargers, CRACs, DX-DOASes, 
three-phase, less than 65,000 Btu/h ACUACs and ACUHPs, three-phase, 
less than 65,000 Btu/h VRF, CWHs, ACIMs, walk-ins, commercial and 
industrial pumps, portable ACs, compressors, DPPPMs, air cleaners, 
SPVUs, and CFLKs subject to the new or amended certification reporting 
requirements adopted in this final rule. These estimates take into 
account the time necessary to develop any additional testing 
documentation, maintain any additional documentation supporting the 
development of the certified rating for each basic model, complete any 
additional certification, and submit any additional required documents 
to DOE electronically.
    DOE has determined that these amendments will not impose additional 
costs for manufacturers of CAC/HPs, DWs, RCWs, dehumidifiers, EPSs, 
battery chargers, CRACs, three-phase, less than 65,000 Btu/h ACUACs and

[[Page 82057]]

ACUHPs, three-phase, less than 65,000 Btu/h VRF, electric storage CWHs, 
ACIMs, walk-ins, commercial and industrial pumps, compressors, SPVUs, 
and CFLKs because manufacturers of these products or equipment are 
already submitting certification reports to DOE and should have readily 
available the information that DOE is requiring as part of this 
rulemaking. For GSLs, because DOE is not changing reporting 
requirements and only specifying compliance with existing ones, 
manufacturers should have readily available the information that DOE is 
requiring. Additionally, for portable ACs, manufacturers may optionally 
submit certification reports to DOE and the costs associated with 
certification requirements for portable ACs were already accounted for 
in the January 2020 Portable ACs ECS Final Rule.
    DOE's amendments for the reporting requirements for pool heaters 
will require new certification reporting for electric pool heater 
manufacturers and importers. DOE estimates there are 18 manufacturers 
of electric pool heaters that would have to submit annual certification 
reports to DOE for those products based on the adopted reporting 
requirements. Of these 18 manufacturers, four make both gas-fired and 
electric pool heaters. Therefore, 14 do not currently certify gas-fired 
pool heaters and would be required to begin submitting certification 
reports for electric pool heaters. The following section estimates the 
burden for these 14 electric pool heater manufacturers.
    OMB Control Number: 1910-1400.
    Form Number: DOE F 220.13.
    Type of Review: Regular submission.
    Affected Public: Domestic manufacturers and importers of electric 
pool heaters covered by this rulemaking.
    Estimated Number of Respondents: 14.
    Estimated Time per Response: Certification reports, 35 hours.
    Estimated Total Annual Burden Hours: 490.
    Estimated Total Annual Cost to the Manufacturers: $35,770 in 
recordkeeping/reporting costs.
    DOE's addition of reporting requirements for direct expansion-
dedicated outdoor air systems will require new certification reporting 
for direct expansion-dedicated outdoor air systems. DOE estimates there 
are 12 manufacturers of direct expansion-dedicated outdoor air systems 
that would have to submit annual certification reports to DOE for those 
products based on the adopted reporting requirements. The following 
section estimates the burden for these 12 direct expansion-dedicated 
outdoor air system manufacturers.
    OMB Control Number: 1910-1400.
    Form Number: DOE F 220.96.
    Type of Review: Regular submission.
    Affected Public: Domestic manufacturers and importers of direct 
expansion-dedicated outdoor air systems covered by this rulemaking.
    Estimated Number of Respondents: 12.
    Estimated Time per Response: Certification reports, 35 hours.
    Estimated Total Annual Burden Hours: 420.
    Estimated Total Annual Cost to the Manufacturers: $30,660 in 
recordkeeping/reporting costs.
    DOE's addition of reporting requirements for commercial electric 
instantaneous water heaters will require new certification reporting 
for commercial electric instantaneous water heaters. DOE estimates 
there are nine manufacturers of commercial electric instantaneous water 
heaters that would have to submit annual certification reports to DOE 
for those products based on the adopted reporting requirements. The 
following section estimates the burden for these nine commercial 
electric instantaneous water heater manufacturers.
    OMB Control Number: 1910-1400.
    Form Number: DOE F 220.43.
    Type of Review: Regular submission.
    Affected Public: Domestic manufacturers and importers of commercial 
electric instantaneous water heater manufacturers covered by this 
rulemaking.
    Estimated Number of Respondents: 9.
    Estimated Time per Response: Certification reports, 35 hours.
    Estimated Total Annual Burden Hours: 315.
    Estimated Total Annual Cost to the Manufacturers: $22,995 in 
recordkeeping/reporting costs.
    DOE's addition of reporting requirements for dedicated-purpose pool 
pump motors will require new certification reporting for dedicated-
purpose pool pump manufacturers and importers. DOE estimates there are 
five manufacturers of dedicated-purpose pool pump motors that would 
have to submit annual certification reports to DOE for those products 
based on the adopted reporting requirements. The following section 
estimates the burden for these five dedicated-purpose pool pump motor 
manufacturers.
    OMB Control Number: 1910-1400.
    Form Number: DOE F 220.97.
    Type of Review: Regular submission.
    Affected Public: Domestic manufacturers and importers of dedicated-
purpose pool pump motors covered by this rulemaking.
    Estimated Number of Respondents: 5.
    Estimated Time per Response: Certification reports, 35 hours.
    Estimated Total Annual Burden Hours: 175.
    Estimated Total Annual Cost to the Manufacturers: $12,775 in 
recordkeeping/reporting costs.
    DOE's addition of reporting requirements for air cleaners will 
require new certification reporting for air cleaner manufacturers and 
importers. DOE estimates that there are 43 manufacturers of air 
cleaners that would have to submit annual certification reports to DOE 
for those products based on the adopted reporting requirements. The 
following section estimates the burden for these 43 air cleaner 
manufacturers.
    OMB Control Number: 1910-1400.
    Form Number: DOE F 220.100.
    Type of Review: Regular submission.
    Affected Public: Domestic manufacturers and importers of air 
cleaners covered by this rulemaking.
    Estimated Number of Respondents: 43.
    Estimated Time per Response: Certification reports, 35 hours.
    Estimated Total Annual Burden Hours: 1,505.
    Estimated Total Annual Cost to the Manufacturers: $109,865 in 
recordkeeping/reporting costs.
4. Conclusion
    DOE has concluded that the removal of outdated reporting 
requirements and the addition of reporting requirements as adopted in 
this final rule will not impose additional costs for CAC/HPs, DWs, 
RCWs, dehumidifiers, EPSs, battery chargers, CRACs, three-phase, less 
than 65,000 Btu/h ACUACs and ACUHPs, three-phase, less than 65,000 Btu/
h VRF, electric storage CWHs, ACIMs, walk-ins, commercial and 
industrial pumps, portable ACs, compressors, SPVUs, and CFLKs (see 
sections III.B.2, III.C.2, III.D.2, III.F.2, III.G.2, III.H.2, III.I.2, 
III.K.2, III.L.2, III.M.2, III.N.2, III.O.2, III.P.2, III.Q.2, III.T.2, 
and III.U.2 of this document for a more complete discussion). For GSLs, 
DOE is not changing reporting requirements and only specifying 
compliance with existing ones (See section III.V of this document for a 
more complete discussion). Furthermore, DOE has concluded that there 
are 14 pool heater manufacturers, 12 DX-DOAS manufacturers, nine CWH 
manufacturers, five DPPPM manufacturers, and 43 air cleaner 
manufacturers that will have to submit new annual certification reports 
to DOE for those products. For all other manufacturers of covered 
products or

[[Page 82058]]

equipment described in this final rule, the public reporting burden for 
certification remains unchanged.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of PRA, unless that collection of information displays a 
currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this final rule, DOE establishes amended certification, 
reporting, and labeling requirements for CAC/HPs, DWs, RCWs, pool 
heaters, dehumidifiers, EPSs, battery chargers, CRACs, DX-DOASes, 
three-phase, less than 65,000 Btu/h ACUACs and ACUHPs, three-phase, 
less than 65,000 Btu/h VRF, CWHs, ACIMs, walk-ins, commercial and 
industrial pumps, portable ACs, compressors, DPPPMs, air cleaners, 
SPVUs, and CFLKs. For GSLs, DOE does not change reporting requirements 
and only specifies compliance with existing ones. DOE has determined 
that this rule falls into a class of actions that are categorically 
excluded from review under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) and DOE's implementing regulations at 10 
CFR part 1021. Specifically, DOE has determined that adopting amended 
certification, reporting, and labeling requirements for consumer 
products and industrial equipment is consistent with activities 
identified in 10 CFR part 1021, appendix A to subpart D, A5 and A6. 
Accordingly, neither an environmental assessment nor an environmental 
impact statement is required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 
1999), imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have federalism implications. The Executive order requires agencies to 
examine the constitutional and statutory authority supporting any 
action that would limit the policymaking discretion of the States and 
to carefully assess the necessity for such actions. The Executive order 
also requires agencies to have an accountable process to ensure 
meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications. 
On March 14, 2000, DOE published a statement of policy describing the 
intergovernmental consultation process it will follow in the 
development of such regulations. 65 FR 13735. DOE examined this final 
rule and determined that it will not have a substantial direct effect 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government. EPCA governs and prescribes Federal 
preemption of State regulations as to energy conservation for the 
products that are the subject of this final rule. States can petition 
DOE for exemption from such preemption to the extent, and based on 
criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is 
required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
eliminate drafting errors and ambiguity; (2) write regulations to 
minimize litigation; (3) provide a clear legal standard for affected 
conduct rather than a general standard; and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation (1) clearly specifies the 
preemptive effect, if any; (2) clearly specifies any effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction; 
(4) specifies the retroactive effect, if any; (5) adequately defines 
key terms; and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires Executive 
agencies to review regulations in light of applicable standards in 
sections 3(a) and 3(b) to determine whether they are met or it is 
unreasonable to meet one or more of them. DOE has completed the 
required review and determined that, to the extent permitted by law, 
this final rule meets the relevant standards of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'') 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a regulatory action resulting in a rule that may cause the 
expenditure by State, local, and Tribal governments, in the aggregate, 
or by the private sector of $100 million or more in any one year 
(adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; also available 
at www.energy.gov/gc/office-general-counsel. DOE examined this final 
rule according to UMRA and its statement of policy and determined that 
the rule contains neither an intergovernmental mandate, nor a mandate 
that may result in the expenditure of $100 million or more in any year, 
so these requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This final rule will not have any impact on the autonomy or integrity 
of the family as an institution. Accordingly, DOE has concluded that it 
is not necessary to prepare a Family Policymaking Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most

[[Page 82059]]

disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant 
to OMB Memorandum M-19-15, Improving Implementation of the Information 
Quality Act (April 24, 2019), DOE published updated guidelines which 
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has 
reviewed this final rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any significant energy action. A 
``significant energy action'' is defined as any action by an agency 
that promulgated or is expected to lead to promulgation of a final 
rule, and that (1) is a significant regulatory action under Executive 
Order 12866, or any successor order; and (2) is likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any significant energy action, the 
agency must give a detailed statement of any adverse effects on energy 
supply, distribution, or use if the regulation is implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    This regulatory action is not a significant regulatory action under 
Executive Order 12866. Moreover, it would not have a significant 
adverse effect on the supply, distribution, or use of energy, nor has 
it been designated as a significant energy action by the Administrator 
of OIRA. Therefore, it is not a significant energy action, and, 
accordingly, DOE has not prepared a Statement of Energy Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; 
``FEAA'') Section 32 essentially provides in relevant part that, where 
a proposed rule authorizes or requires use of commercial standards, the 
notice of proposed rulemaking must inform the public of the use and 
background of such standards. In addition, section 32(c) requires DOE 
to consult with the Attorney General and the Chairman of the FTC 
concerning the impact of the commercial or industry standards on 
competition.
    The modifications to the certification reporting and labeling 
requirements for CAC/HPs, DWs, RCWs, pool heaters, dehumidifiers, EPSs, 
battery chargers, CRACs, DX-DOASes, three-phase, less than 65,000 Btu/h 
ACUACs and ACUHPs, three-phase, less than 65,000 Btu/h VRF, CWHs, 
ACIMs, walk-ins, commercial and industrial pumps, portable ACs, 
compressors, DPPPMs, air cleaners, SPVUs, and CFLKs adopted in this 
final rule do not incorporate testing methods contained in any 
commercial standards. For GSLs, in this final rule, DOE is not changing 
reporting requirements and only specifying compliance with existing 
reporting requirements.

M. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this final rule prior to its effective date. The report 
will state that it has been determined that the final rule does not 
fall within the scope of 5 U.S.C. 804(2).

N. Description of Materials Incorporated by Reference

    DOE is removing the existing incorporation by reference of industry 
standard ANSI/AHAM DW-1-2010 from 10 CFR 429.4 and 429.19. No other 
changes are being made to materials incorporated by reference.

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects

10 CFR Part 429

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements, Small businesses.

10 CFR Part 431

    Administrative practice and procedure, Confidential business 
information, Energy conservation test procedures, and Reporting and 
recordkeeping requirements.

Signing Authority

    This document of the Department of Energy was signed on September 
19, 2024, by Jeffrey Marootian, Principal Deputy Assistant Secretary 
for Energy Efficiency and Renewable Energy, pursuant to delegated 
authority from the Secretary of Energy. That document with the original 
signature and date is maintained by DOE. For administrative purposes 
only, and in compliance with requirements of the Office of the Federal 
Register, the undersigned DOE Federal Register Liaison Officer has been 
authorized to sign and submit the document in electronic format for 
publication, as an official document of the Department of Energy. This 
administrative process in no way alters the legal effect of this 
document upon publication in the Federal Register.

    Signed in Washington, DC, on September 20, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE amends parts 429 and 
431 of chapter II of title 10, Code of Federal Regulations as set forth 
below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority:  42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.


Sec.  429.4  [Amended]

0
2. Amend Sec.  429.4 by removing paragraph (b)(1) and redesignating 
paragraphs (b)(2) and (3) as paragraphs (b)(1) and (2), respectively.

0
3. Amend Sec.  429.12 by revising paragraphs (b)(12) and (13), (d), and 
(i) to read as follows:


Sec.  429.12  General requirements applicable to certification reports.

* * * * *
    (b) * * *
    (12) If the test sample size is listed as ``0'' to indicate the 
certification is based upon the use of an alternate way of determining 
measures of energy conservation, identify the method used for 
determining measures of energy conservation (such as ``AEDM,'' or 
linear interpolation). Manufacturers of commercial packaged boilers,

[[Page 82060]]

commercial water heating equipment, commercial refrigeration equipment, 
commercial HVAC equipment, central air conditioners and central air 
conditioning heat pumps, and walk-in coolers and walk-in freezers must 
provide the manufacturer's designation (name or other identifier) of 
the AEDM used; and
    (13) Product specific information listed in Sec. Sec.  429.14 
through 429.68.
* * * * *
    (d) Annual filing. All data required by paragraphs (a) through (c) 
of this section shall be submitted to DOE annually, on or before the 
following dates:

                        Table 1 to Paragraph (d)
------------------------------------------------------------------------
                                                  Deadline for data
              Product category                        submission
------------------------------------------------------------------------
Portable air conditioners..................  February 1.
Fluorescent lamp ballasts; Compact           March 1.
 fluorescent lamps; General service
 fluorescent lamps, general service
 incandescent lamps, and incandescent
 reflector lamps; Candelabra base
 incandescent lamps and intermediate base
 incandescent lamps; Ceiling fans; Ceiling
 fan light kits; Showerheads; Faucets;
 Water closets; and Urinals.
Water heaters; Consumer furnaces; Pool       May 1.
 heaters; Commercial water heating
 equipment; Commercial packaged boilers;
 Commercial warm air furnaces; Commercial
 unit heaters; and Furnace fans.
Dishwashers; Commercial pre-rinse spray      June 1.
 valves; Illuminated exit signs; Traffic
 signal modules and pedestrian modules; and
 Distribution transformers.
Room air conditioners; Central air           July 1.
 conditioners and central air conditioning
 heat pumps; Commercial heating,
 ventilating, air conditioning (HVAC)
 equipment (excluding air-cooled, three-
 phase, small commercial package air
 conditioning and heating equipment with a
 cooling capacity of less than 65,000
 British thermal units per hour and air-
 cooled, three-phase, variable refrigerant
 flow multi-split air conditioners and heat
 pumps with less than 65,000 British
 thermal units per hour cooling capacity);
 and Air-cooled, three-phase, small
 commercial package air conditioning and
 heating equipment with a cooling capacity
 of less than 65,000 British thermal units
 per hour and air-cooled, three-phase,
 variable refrigerant flow multi-split air
 conditioners and heat pumps with a cooling
 capacity of less than 65,000 British
 thermal units per hour.
Consumer refrigerators, refrigerator-        August 1.
 freezers, and freezers; Commercial
 refrigerators, freezers, and refrigerator-
 freezers; Automatic commercial ice makers;
 Refrigerated bottled or canned beverage
 vending machines; Walk-in coolers and walk-
 in freezers; and Consumer miscellaneous
 refrigeration products.
Torchieres; Dehumidifiers; Metal halide      September 1.
 lamp ballasts and fixtures; External power
 supplies; Pumps; Dedicated-purpose pool
 pump motors; Compressors; and Battery
 chargers.
Residential clothes washers; Residential     October 1.
 clothes dryers; Direct heating equipment;
 Cooking products; and Commercial clothes
 washers.
Air Cleaners...............................  December 1.
------------------------------------------------------------------------

* * * * *
    (i) Compliance dates. For any product subject to an applicable 
energy conservation standard for which the compliance date has not yet 
occurred, a certification report must be submitted not later than the 
compliance date for the applicable energy conservation standard. The 
covered products enumerated below are subject to the stated compliance 
dates for initial certification:
    (1) Dedicated-purpose pool pump motors <0.5 total horsepower (THP) 
and dedicated-purpose pool pump motors >=1.15 THP and <=5 THP, 
September 29, 2025.
    (2) Dedicated-purpose pool pump motors >=0.5 THP and <1.15 THP, 
September 28, 2027.
    (3) Direct expansion-dedicated outdoor air systems, May 1, 2024.

0
4. Amend Sec.  429.16 by:
0
a. Revising paragraphs (b)(3)(i)(B), (b)(3)(ii)(B), (b)(3)(iii)(A)(2), 
and (e)(2)(v);
0
b. Adding paragraph (e)(2)(vi); and
0
c. Revising paragraph (e)(4)(iv).
    The revisions and addition read as follows:


Sec.  429.16  Central air conditioners and central air conditioning 
heat pumps.

* * * * *
    (b) * * *
    (3) * * *
    (i) * * *
    (B) The upper 90 percent confidence limit (UCL) of the true mean 
divided by 1.05, where:
[GRAPHIC] [TIFF OMITTED] TR09OC24.000

    And x is the sample mean; s is the sample standard deviation; n is 
the number of samples; and t0.90 is the Student's t-Distribution Values 
for a 90 percent one-tailed confidence interval with n-1 degrees of 
freedom (from appendix A to this subpart). Round represented values of 
off-mode power consumption to the nearest watt.
    (ii) * * *
    (B) The lower 90 percent confidence limit (LCL) of the true mean 
divided by 0.95, where:
[GRAPHIC] [TIFF OMITTED] TR09OC24.001

    And x is the sample mean; s is the sample standard deviation; n is 
the number of samples; and t0.90 is the Student's t-Distribution Values 
for a 90 percent one-tailed confidence interval with n-1 degrees of 
freedom (from appendix A to this subpart). Round represented values of 
EER, SEER, HSPF, EER2, SEER2, and HSPF2 to the nearest 0.05.
    (iii) * * *
    (A) * * *
    (2) The lower 90 percent confidence limit (LCL) of the true mean 
divided by 0.95, where:
[GRAPHIC] [TIFF OMITTED] TR09OC24.002

    And x is the sample mean; s is the sample standard deviation; n is 
the number of samples; and t0.90 is the Student's t-Distribution Values 
for a 90 percent one-tailed confidence interval with n-1 degrees of 
freedom (from appendix A to this subpart).
* * * * *
    (e) * * *
    (2) * * *
    (v) For all split systems including outdoor units with no match, 
the refrigerant; and
    (vi) For variable-speed coil only systems; whether the represented 
value is based on a non-communicating or communicating control system.
* * * * *
    (4) * * *

[[Page 82061]]

    (iv) For blower coil systems, the airflow-control settings 
associated with full load cooling operation; the airflow-control 
settings or alternative instructions for setting fan speed to the speed 
upon which the rating is based; and whether the system varies blower 
speeds with outdoor air conditions;
* * * * *

0
5. Amend Sec.  429.19 by revising paragraphs (b)(2) and (3) and adding 
paragraph (c) to read as follows:


Sec.  429.19  Dishwashers.

* * * * *
    (b) * * *
    (2) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following public product-specific information: The 
estimated annual energy use in kilowatt hours per year (kWh/yr), the 
water consumption in gallons per cycle, and the capacity in number of 
place settings.
    (3) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following additional product-specific information--
    (i) The presence of a soil sensor, and if yes, the number of cycles 
required to reach calibration;
    (ii) The water inlet temperature used for testing in degrees 
Fahrenheit ([deg]F);
    (iii) The cycle selected for the energy test and whether that cycle 
is soil-sensing if testing is performed using appendix C1 to subpart B 
of part 430 of this chapter and the cycles selected for the sensor 
heavy response, sensor medium response, and sensor light response and 
whether these cycles are soil-sensing if testing is performed using 
appendix C2 to subpart B of part 430 of this chapter;
    (iv) The options selected for the energy test if testing is 
performed using appendix C1 to subpart B of part 430 of this chapter 
and the options selected for the sensor heavy response, sensor medium 
response, and sensor light response if testing is performed using 
appendix C2 to subpart B of part 430 of this chapter;
    (v) The average cleaning index for the sensor heavy response, 
sensor medium response, and sensor light response cycles if testing is 
performed using appendix C2 to subpart B of part 430 of this chapter 
(see section 5.1 of appendix C2 for the calculation of per-cycle 
cleaning index for each test cycle);
    (vi) Indication of whether Cascade Complete Powder or Cascade with 
the Grease Fighting Power of Dawn was used as the detergent 
formulation. When certifying dishwashers, other than water re-use 
dishwashers, according to appendix C1 to subpart B of part 430 of this 
chapter:
    (A) Before July 17, 2023, Cascade Complete Powder detergent may be 
used as the basis for certification in conjunction with the detergent 
dosing methods specified in either section 2.5.2.1.1 or section 
2.5.2.1.2 of appendix C1. Cascade with the Grease Fighting Power of 
Dawn detergent may be used as the basis for certification only in 
conjunction with the detergent dosing specified in section 2.5.2.1.1 of 
appendix C1.
    (B) Beginning July 17, 2023, Cascade Complete Powder detergent may 
be used as the basis for certification of newly certified basic models 
only in conjunction with the detergent dosing method specified in 
section 2.5.2.1.2 of appendix C1. Cascade with the Grease Fighting 
Power of Dawn detergent may be used as the basis for certification only 
in conjunction with the detergent dosing specified in section 2.5.2.1.1 
of appendix C1. Manufacturers may maintain existing basic model 
certifications made prior to July 17, 2023, consistent with the 
provisions of paragraph (b)(3)(vi)(A) of this section.
    (vii) The presence of a built-in water softening system, and if 
yes, the energy use in kilowatt hours and the water use in gallons 
required for each regeneration of the water softening system, the 
number of regeneration cycles per year, and data and calculations used 
to derive these values;
    (viii) Whether the product is a water re-use system dishwasher, and 
if yes, the energy use in kilowatt hours and water use in gallons 
required for a drain out event, the energy use in kilowatt hours and 
water use in gallons required for a clean out event, the number of 
drain out events per year, the number of clean out events per year, the 
water fill volume to calculate detergent dosage in gallons, and data 
and calculations used to derive these values, as applicable; and
    (ix) The presence of a built-in reservoir, and if yes, the 
manufacturer-stated reservoir capacity in gallons, the prewash fill 
water volume in gallons and the main wash fill water volume in gallons 
if testing is performed using appendix C1 to subpart B of part 430 of 
this chapter, and the reservoir water consumption in gallons per cycle.
    (c) Reported values. Values reported pursuant to this subsection 
must be rounded as follows:
    (1) The represented value of estimated annual energy use to the 
nearest kilowatt hour per year.
    (2) The represented value of water consumption to the nearest 0.1 
gallon per cycle.

0
6. Amend Sec.  429.20 by revising paragraphs (b) and (c) to read as 
follows:


Sec.  429.20  Residential clothes washers.

* * * * *
    (b) Certification reports. (1) The requirements of Sec.  429.12 are 
applicable to residential clothes washers; and
    (2) Pursuant to Sec.  429.12(b)(13), a certification report shall 
contain the following public product-specific information:
    (i) For residential clothes washers tested in accordance with 
appendix J to subpart B of part 430 of this chapter: the energy 
efficiency ratio (EER) in pounds per kilowatt hour per cycle (lb/kWh/
cycle), the water efficiency ratio (WER) in pounds per gallon per cycle 
(lb/gal/cycle), the clothes container capacity in cubic feet (cu ft), 
the corrected remaining moisture content (RMC) expressed as a 
percentage, the type of control system (automatic or semi-automatic), 
and the type of loading (top-loading or front-loading).
    (ii) For residential clothes washers tested in accordance with 
appendix J2 to subpart B of part 430 of this chapter: the integrated 
modified energy factor (IMEF) in cu ft/kWh/cycle, the integrated water 
factor (IWF) in gal/cycle/cu ft, the clothes container capacity in cu 
ft, the corrected RMC expressed as a percentage, and the type of 
loading (top-loading or front-loading).
    (3) Pursuant to 10 CFR 429.12(b)(13), a certification report must 
include the following additional product-specific information: a list 
of all cycle selections comprising the complete energy test cycle for 
each basic model and the test cloth lot number used for certification 
testing.
    (c) Reported values. Values reported pursuant to this subsection 
must be rounded as follows:
    (1) MEF and IMEF to the nearest 0.01 cu ft/kWh/cycle;
    (2) WF and IWF to the nearest 0.1 gal/cycle/cu ft;
    (3) EER to the nearest 0.01 lb/kWh/cycle;
    (4) WER to the nearest 0.01 lb/gal/cycle;
    (5) RMC to the nearest 0.1 percentage point; and
    (6) Clothes container capacity to the nearest 0.1 cu ft.

0
7. Amend Sec.  429.24 by:
0
a. Revising paragraph (a)(2) introductory text;
0
b. Adding paragraphs (a)(3) and (4);
0
c. Revising paragraph (b)(2); and
0
d. Adding paragraph (c).
    The revisions and additions read as follows:


Sec.  429.24  Pool heaters.

    (a) * * *
    (2) For each basic model of pool heater, randomly select and test a

[[Page 82062]]

sample of sufficient size to ensure that any represented value of the 
thermal efficiency or integrated thermal efficiency, as applicable, or 
other measure of energy consumption of a basic model for which 
consumers would favor higher values shall be less than or equal to the 
lower of:
* * * * *
    (3) When certifying integrated thermal efficiency, the represented 
value for input capacity of a gas-fired pool heater basic model 
reported in accordance with paragraph (b)(2) of this section must be 
the mean of the input capacities measured for each tested unit of the 
basic model, as determined in accordance with the test procedure in 
appendix P of subpart B of part 430 of this chapter.
    (4) When certifying integrated thermal efficiency, the represented 
value of active electrical power of an electric pool heater basic model 
reported in accordance with paragraph (b)(2) of this section must be 
the mean of the electrical power measured for each tested unit of the 
basic model, as determined in accordance with the test procedure in 
appendix P of subpart B of part 430 of this chapter.
    (b) * * *
    (2) Pursuant to Sec.  429.12(b)(13), include in each certification 
report the following public product-specific information:
    (i) For gas-fired pool heaters: the input capacity in British 
thermal units per hour (Btu/h) and either the thermal efficiency as a 
percentage (%) (when certifying compliance with the energy conservation 
standards specified at Sec.  430.32(k)(1) of this chapter) or the 
integrated thermal efficiency as a percentage (%) (when certifying 
compliance with the energy conservation standards specified at Sec.  
430.32(k)(2) of this chapter), as applicable.
    (ii) For electric pool heaters (when certifying compliance with the 
energy conservation standards specified at Sec.  430.32(k)(2) of this 
chapter): the integrated thermal efficiency in percent (%) and the 
active electrical power in British thermal units per hour (Btu/h).
    (c) Reported values. Round reported values pursuant to this 
subsection as follows:
    (1) Integrated thermal efficiency for gas-fired pool heaters to the 
nearest tenth of one percent;
    (2) Integrated thermal efficiency for electric pool heaters to the 
nearest one percent;
    (3) Input capacity of a gas-fired pool heater to the nearest 1,000 
Btu/h; and
    (4) Active electrical power of an electric pool heater to the 
nearest 100 Btu/h.

0
8. Amend Sec.  429.33 by revising paragraphs (b)(2)(ii)(A) and 
(b)(3)(ii)(B) to read as follows.


Sec.  429.33  Ceiling fan light kits.

* * * * *
    (b) * * *
    (2) * * *
    (ii) * * *
    (A) For each basic model of lamp, each basic model of consumer-
replaceable SSL, and/or each basic model of non-consumer-replaceable 
SSL packaged with the ceiling fan light kit, the brand, basic model 
number, test sample size, kind of lamp (i.e., general service 
fluorescent lamp (GSFL); fluorescent lamp with a pin base that is not a 
GSFL; compact fluorescent lamp (CFL) with a medium screw base; CFL with 
a base that is not medium screw base [e.g., candelabra base]; other 
fluorescent lamp [not GSFL or CFL]; general service incandescent lamp 
(GSIL); candelabra base incandescent lamp; intermediate base 
incandescent lamp; incandescent reflector lamp; other incandescent lamp 
[not GSIL, IRL, candelabra base or intermediate base incandescent 
lamp]; integrated LED lamp; non-consumer-replaceable SSL; consumer-
replaceable SSL [not integrated LED lamps] and other SSL lamps that 
have an ANSI standard base and are not integrated LED lamps; other lamp 
not specified), lumen output in lumens (lm), and efficacy in lumens per 
watt (lm/W).
* * * * *
    (3) * * *
    (ii) * * *
    (B) For each basic model of lamp, each basic model of consumer-
replaceable SSL, and/or each basic model of non-consumer-replaceable 
SSL packaged with the ceiling fan light kit, a declaration that, where 
applicable, the lamp basic model was tested by a laboratory accredited 
as required under Sec.  430.25 of this chapter; and
* * * * *


Sec.  429.36  [Amended]

0
9. Amend Sec.  429.36 by:
0
a. Removing paragraph (b)(2)(i);
0
b. Redesignating paragraph (b)(2)(ii) as (b)(2)(i); and
0
c. Adding a reserved paragraph (b)(2)(ii).

0
10. Amend Sec.  429.37 by revising paragraphs (b)(2) and (3) and (c) to 
read as follows:


Sec.  429.37  External power supplies.

* * * * *
    (b) * * *
    (2) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following public product-specific information:
    (i) External power supplies: The average active mode efficiency as 
a percentage (%), no-load mode power consumption in watts (W), 
nameplate output power in watts (W), nameplate output voltage in volts 
(V), the effective wire gauge in American wire gauge (AWG) and length 
in feet (ft) of the recommended or included output cord, and, if 
missing from the nameplate, the output current in amperes (A) of the 
basic model or the output current in amperes (A) of the highest- and 
lowest-voltage models within the external power supply design family.
    (ii) Switch-selectable single-voltage external power supplies: The 
average active mode efficiency as a percentage (%) value, no-load mode 
power consumption in watts (W) using the lowest and highest selectable 
output voltages, the lowest and highest selectable output voltages in 
volts (V), nameplate output power in watts (W), the effective wire 
gauge in American wire gauge (AWG) and length in feet (ft) of the 
recommended or included output cord, and, if missing from the 
nameplate, the output current in amperes (A).
    (iii) Adaptive single-voltage external power supplies: The average 
active-mode efficiency as a percentage (%) at the highest and lowest 
nameplate output voltages, no-load mode power consumption in watts (W), 
nameplate output power in watts (W) at the lowest and highest nameplate 
output voltages, the lowest and highest nameplate output voltages in 
volts (V), the effective wire gauge in American wire gauge (AWG) and 
length in feet (ft) of the recommended or included output cord, and, if 
missing from the nameplate, the output current in amperes (A) at the 
highest and lowest nameplate output voltages.
    (iv) External power supplies that are exempt from no-load mode 
requirements under Sec.  430.32(w)(5) of this chapter: A statement that 
the product is designed to be connected to a security or life safety 
alarm or surveillance system component, the average active-mode 
efficiency as a percentage (%), the nameplate output power in watts 
(W), the nameplate output voltage in volts (V), the effective wire 
gauge in American wire gauge (AWG) and length in feet (ft) of the 
recommended or included output cord, and, if missing from the 
nameplate, the certification report must also include the output 
current in amperes (A) of the

[[Page 82063]]

basic model or the output current in amperes (A) of the highest- and 
lowest-voltage models within the external power supply design family.
    (3) Pursuant to Sec.  429.12(b)(13), a certification report for 
external power supplies that are exempt from the energy conservation 
standards at Sec.  430.32(w)(1)(ii) of this chapter pursuant to Sec.  
430.32(w)(2) of this chapter must include the following additional 
information if, in aggregate, the total number of exempt EPSs sold as 
spare and service parts by the certifier exceeds 1,000 units across all 
models: The total number of units of exempt external power supplies 
sold during the most recent 12-calendar-month period ending on July 31, 
starting with the annual report due on September 1, 2017. The 
certification report must also include the exact timeframe (e.g., from 
August 2016 to July 2017) of this most recent 12-calendar-month period.
    (c) Exempt external power supplies. (1) For external power supplies 
that are exempt from energy conservation standards pursuant to Sec.  
430.32(w)(2) of this chapter and are not required to be certified 
pursuant to Sec.  429.12(a) as compliant with an applicable standard, 
the importer or domestic manufacturer must, no later than September 1, 
2017, and annually by each September 1st thereafter, submit a report 
providing the following information if, in aggregate, the total number 
of exempt EPSs sold as spare and service parts by the importer or 
manufacturer exceeds 1,000 units across all models:
    (i) The importer or domestic manufacturer's name and address;
    (ii) The brand name;
    (iii) The number of units sold during the most recent 12-calendar-
month period ending on July 31; and
    (iv) The exact timeframe (e.g., from August 2016 to July 2017) of 
this most recent 12-calendar-month period.
    (2) The report must be submitted to DOE in accordance with the 
submission procedures set forth in Sec.  429.12(h).

0
11. Amend Sec.  429.39 by:
0
a. Revising paragraphs (a)(1), (a)(2)(ii) introductory text, and 
(a)(2)(iii) introductory text;
0
b. Adding paragraphs (a)(2)(v) and (vi);
0
c. Revising paragraphs (b)(2) and (3); and
0
d. Adding paragraphs (b)(5) and (6).
    The revisions and additions read as follows:


Sec.  429.39  Battery chargers.

    (a) * * *
    (1) Represented values include:
    (i) For all battery chargers other than uninterruptible power 
supplies (UPSs) tested under appendix Y to subpart B of part 430 of 
this chapter: The unit energy consumption (UEC) in kilowatt-hours per 
year (kWh/yr), battery discharge energy (E<INF>batt</INF>) in watt 
hours (Wh), 24-hour energy consumption (E<INF>24</INF>) in watt hours 
(Wh), maintenance mode power (P<INF>m</INF>) in watts (W), standby mode 
power (P<INF>sb</INF>) in watts (W), off mode power (P<INF>off</INF>) 
in watts (W), and duration of the charge and maintenance mode test 
(t<INF>cd</INF>) in hours (hrs);
    (ii) For all wired and fixed-location wireless battery chargers 
other than uninterruptible power supplies (UPSs) tested under appendix 
Y1 to subpart B of part 430 of this chapter: Battery discharge energy 
(E<INF>batt</INF>) in watt hours (Wh), active charge energy 
(E<INF>a</INF>) in watt hours (Wh), maintenance mode power 
(P<INF>m</INF>) in watts (W), no-battery mode power (P<INF>nb</INF>) in 
watts (W), standby mode power (P<INF>sb</INF>) in watts (W), off mode 
power (P<INF>off</INF>) in watts (W), and duration of the charge and 
maintenance mode test (t<INF>cd</INF>) in hours (hrs);
    (iii) For all open-placement wireless battery chargers other than 
uninterruptible power supplies (UPSs) tested under appendix Y1 to 
subpart B of part 430 of this chapter: no-battery mode power 
(P<INF>nb</INF>) in watts (W);
    (iv) For UPSs: average load adjusted efficiency 
(Eff<INF>avg</INF>).
    (2) * * *
    (ii) For each basic model of battery chargers other than UPSs 
tested under appendix Y to subpart B of part 430 of this chapter, a 
sample of sufficient size must be randomly selected and tested to 
ensure that the represented value of UEC is greater than or equal to 
the higher of:
* * * * *
    (iii) For each basic model of battery chargers other than UPSs 
tested under appendix Y to subpart B of part 430 of this chapter, using 
the sample from paragraph (a)(2)(ii) of this section, calculate the 
represented values of each metric (i.e., maintenance mode power 
(P<INF>m</INF>), standby power (P<INF>sb</INF>), off mode power 
(P<INF>off</INF>), battery discharge energy (E<INF>batt</INF>), 24-hour 
energy consumption (E<INF>24</INF>), and duration of the charge and 
maintenance mode test (t<INF>cd</INF>)), where the represented value of 
the metric is:
* * * * *
    (v) For each basic model of battery chargers other than UPSs tested 
under appendix Y1 to subpart B of part 430 of this chapter, a sample of 
sufficient size must be randomly selected and tested to ensure that the 
represented value of E<INF>a</INF> for all wired and fixed-location 
wireless chargers (or the represented value of P<INF>nb</INF> for all 
open-placement wireless chargers) is greater than or equal to the 
higher of:
    (A) The mean of the sample, where:
    [GRAPHIC] [TIFF OMITTED] TR09OC24.003
    
and, x is the sample mean; n is the number of samples; and xi is the 
E<INF>a</INF> (or P<INF>nb,</INF> when applicable) of the ith 
sample; or,
    (B) The upper 97.5-percent confidence limit (UCL) of the true mean 
divided by 1.05, where:
[GRAPHIC] [TIFF OMITTED] TR09OC24.004

and, x is the sample mean; s is the sample standard deviation; n is 
the number of samples; and t0.975 is the Student's t-Distribution 
Values for a 97.5-percent one-tailed confidence interval with n-1 
degrees of freedom (from appendix A to this subpart).

    (vi) For each basic model of battery chargers other than UPSs 
tested under appendix Y1 to subpart B of part 430 of this chapter, 
using the sample from paragraph (a)(2)(v) of this section, calculate 
the applicable represented values of each metric (i.e., maintenance 
mode power (P<INF>m</INF>), no-battery mode power (P<INF>nb</INF>), 
standby power (P<INF>sb</INF>), off mode power (P<INF>off</INF>), 
battery discharge energy (E<INF>batt</INF>), and duration of the charge 
and maintenance mode test (t<INF>cd</INF>)), where the represented 
value of the metric is:
[GRAPHIC] [TIFF OMITTED] TR09OC24.005

and, x is the sample mean; n is the number of samples; and xi is the 
measured value of the ith sample for the metric.

    (b) * * *
    (2) Pursuant to Sec.  429.12(b)(13), when tested under appendix Y 
to subpart B of part 430 of this chapter, a certification report must 
include the following product-specific information for all battery 
chargers other than UPSs: The nameplate battery voltage of the test 
battery in volts (V), the nameplate battery charge capacity of the test 
battery in ampere-hours (Ah), and the nameplate battery energy capacity 
of the test battery in watt-hours (Wh). A certification report must 
also include the represented values, as determined in paragraph (a) of 
this section for the maintenance mode power (P<INF>m</INF>), standby 
mode power (P<INF>sb</INF>), off mode power (P<INF>off</INF>), battery 
discharge energy (E<INF>batt</INF>), 24-hour energy consumption 
(E<INF>24</INF>), duration of the charge and maintenance mode test 
(t<INF>cd</INF>), and unit energy consumption (UEC).
    (3) Pursuant to Sec.  429.12(b)(13), when tested under appendix Y 
to subpart B of

[[Page 82064]]

part 430 of this chapter, a certification report must include the 
following product-specific information for all battery chargers other 
than UPSs: The manufacturer and model of the test battery, and the 
manufacturer and model, when applicable, of the external power supply.
* * * * *
    (5) Pursuant to Sec.  429.12(b)(13), when tested under appendix Y1 
to subpart B of part 430 of this chapter, a certification report must 
include the following product-specific information for all wired and 
fixed-location wireless battery chargers other than UPSs: The 
manufacturer and model of the test battery, the manufacturer and model, 
when applicable, of the external power supply, the nameplate battery 
voltage of the test battery in volts (V), the nameplate battery charge 
capacity of the test battery in ampere-hours (Ah), and the nameplate 
battery energy capacity of the test battery in watt-hours (Wh). A 
certification report must also include the represented values, as 
determined in paragraph (a) of this section for the maintenance mode 
power (P<INF>m</INF>), no-battery mode power (P<INF>nb</INF>), standby 
mode power (P<INF>sb</INF>), off mode power (P<INF>off</INF>), battery 
discharge energy (E<INF>batt</INF>), 24-hour energy consumption 
(E<INF>24</INF>), active charge energy (E<INF>a</INF>), and duration of 
the charge and maintenance mode test (t<INF>cd</INF>).
    (6) Pursuant to Sec.  429.12(b)(13), when tested under appendix Y1 
to subpart B of part 430 of this chapter, a certification report must 
include the following product-specific information for all open-
placement wireless battery chargers other than UPSs: The manufacturer 
and model, when applicable, of the external power supply. A 
certification report must also include the represented values, as 
determined in paragraph (a) of this section for the no-battery mode 
power (P<INF>nb</INF>).

0
12. Amend Sec.  429.43 by:
0
a. Revising the section heading and paragraphs (b)(2)(v), (vi), and 
(ix);
0
b. Adding paragraphs (b)(2)(xi) and (b)(3)(iii);
0
c. Revising paragraphs (b)(4)(vi) through (viii); and
0
d. Adding paragraphs (b)(4)(x) and (b)(6).
    The revisions and additions read as follows:


Sec.  429.43  Commercial heating, ventilating, air conditioning (HVAC) 
equipment.

* * * * *
    (b) * * *
    (2) * * *
    (v) Single package vertical air conditioners:
    (A) When certifying compliance with an EER standard: The energy 
efficiency ratio (EER in British thermal units per Watt-hour (Btu/Wh)), 
and the rated cooling capacity in British thermal units per hour (Btu/
h).
    (B) When certifying compliance with an IEER standard: the 
integrated energy efficiency ratio (IEER in British thermal units per 
Watt-hour (Btu/Wh)), the rated cooling capacity in British thermal 
units per hour (Btu/h), and the rated airflow in standard cubic feet 
per minute (SCFM). For units with rated cooling capacity <65,000 Btu/h: 
whether the unit is weatherized or non-weatherized; and if non-
weatherized, the airflow rate of outdoor ventilation air which is drawn 
in and conditioned as determined in accordance with Sec.  
429.134(x)(3), while the equipment is operating with the same drive kit 
and motor settings used to determine the certified efficiency rating of 
the equipment.
    (vi) Single package vertical heat pumps:
    (A) When certifying compliance with an EER standard: the energy 
efficiency ratio (EER in British thermal units per Watt-hour (Btu/Wh)), 
and the coefficient of performance (COP), and the rated cooling 
capacity in British thermal units per hour (Btu/h).
    (B) When certifying compliance with an IEER standard: the 
integrated energy efficiency ratio (IEER in British thermal units per 
Watt-hour (Btu/Wh)), and the coefficient of performance (COP), the 
rated cooling capacity in British thermal units per hour (Btu/h), and 
the rated airflow in standard cubic feet per minute (SCFM). For units 
with cooling capacity <65,000 Btu/h: whether the unit is weatherized or 
non-weatherized; and if non-weatherized, the airflow rate of outdoor 
ventilation air which is drawn in and conditioned as determined in 
accordance with Sec.  429.134(x)(3), while the equipment is operating 
with the same drive kit and motor settings used to determine the 
certified efficiency rating of the equipment.
* * * * *
    (ix) Computer room air-conditioners:
    (A) When certifying compliance with a SCOP standard: The net 
sensible cooling capacity in British thermal units per hour (Btu/h), 
the net cooling capacity in British thermal units per hour (Btu/h), the 
configuration (upflow/downflow), economizer presence (yes or no), 
condenser medium (air, water, or glycol-cooled), sensible coefficient 
of performance (SCOP), and rated airflow in standard cubic feet per 
minute (SCFM).
    (B) When certifying compliance with an NSenCOP standard: The net 
sensible cooling capacity in British thermal units per hour (Btu/h), 
the net total cooling capacity in British thermal units per hour (Btu/
h), whether the basic model is split system or single-package, the 
configuration (downflow, upflow ducted, upflow non-ducted, horizontal 
flow, ceiling-mounted ducted, ceiling-mounted non-ducted), fluid 
economizer presence (yes or no), condenser heat rejection medium (air, 
water, or glycol-cooled), net sensible coefficient of performance 
(NSenCOP), rated airflow in standard cubic feet per minute (SCFM), and 
the refrigerant used to determine the represented values.
* * * * *
    (xi) Direct-expansion dedicated outdoor air systems:
    (A) When certifying compliance with an ISMRE2 standard: the 
integrated seasonal moisture removal efficiency 2 (ISMRE2 in lbs. of 
moisture per kilowatt-hour (lb/kWh)), the rated moisture removal 
capacity at Standard Rating Condition A according to appendix B to 
subpart F of part 431 of this chapter (MRC in lbs of moisture per hour 
(lb/h)), and the rated supply airflow rate for 100 percent outdoor air 
applications (Q<INF>SA</INF> in standard cubic feet per minute).
    (B) When certifying compliance with an ISCOP2 standard: the 
integrated seasonal coefficient of performance 2 (ISCOP2 in Watts of 
heating per Watts of power input (W/W)).
    (C) The configuration of the basic model number (i.e., ``single-
package'' or ``split system'') shall also be provided.
    (3) * * *
    (iii) For direct-expansion dedicated outdoor air systems with 
ventilation energy recovery systems, method of determination of the 
exhaust air transfer ratio (EATR), sensible effectiveness, and latent 
effectiveness of the ventilation energy recovery system (name and 
version of certified performance modeling software or if the device was 
directly tested). The test method (i.e., Option 1 or Option 2) for 
units rated based on testing and motor control settings (including 
rotational speed) for energy recovery wheels shall also be provided.
    (4) * * *
    (vi) Single package vertical air-conditioners:
    (A) When certifying compliance with an EER standard: Any additional 
testing instructions, if applicable; if a variety of motors/drive kits 
are offered for sale as options in the basic model to account for 
varying installation requirements, the model number and specifications 
of

[[Page 82065]]

the motor (to include efficiency, horsepower, open/closed, and number 
of poles) and the drive kit, including settings, associated with that 
specific motor that were used to determine the certified rating; and 
which, if any, special features were included in rating the basic 
model.
    (B) When certifying compliance with an IEER standard: Compressor 
break-in period duration; rated indoor airflow in standard cubic feet 
per minute (SCFM); frequency or control set points including the 
required dip switch/control settings for step or variable-speed 
components (e.g., compressors, VFDs); rated indoor airflow in SCFM for 
each part-load point used in the IEER calculation and any special 
instructions required to obtain operation at each part-load point, such 
as frequency or control set points including dip switch/control 
settings for step or variable-speed components (e.g., compressors, 
VFDs); a statement whether the model will operate at test conditions 
without manufacturer programming; outdoor air-side attachments used for 
testing; any additional testing instructions, if applicable; and if a 
variety of motors/drive kits are offered for sale as options in the 
basic model to account for varying installation requirements, the model 
number and specifications of the motor (to include efficiency, 
horsepower, open/closed, and number of poles) and the drive kit, 
including settings, associated with that specific motor that were used 
to determine the certified rating; any additional applicable testing 
instructions, are also required.
    (vii) Single package vertical heat pumps:
    (A) When certifying compliance with an EER standard: Any additional 
testing instructions, if applicable; if a variety of motors/drive kits 
are offered for sale as options in the basic model to account for 
varying installation requirements, the model number and specifications 
of the motor (to include efficiency, horsepower, open/closed, and 
number of poles) and the drive kit, including settings, associated with 
that specific motor that were used to determine the certified rating; 
and which, if any, special features were included in rating the basic 
model.
    (B) When certifying compliance with an IEER standard: The rated 
heating capacity in British thermal units per hour (Btu/h); compressor 
break-in period duration; rated indoor airflow in standard cubic feet 
per minute (SCFM) (in cooling mode); rated airflow in SCFM in heating 
mode if the unit is designed to operate with different airflow rates 
for cooling and heating mode; frequency or control set points including 
the required dip switch/control settings for step or variable-speed 
components (e.g., compressors, VFDs); rated indoor airflow in SCFM for 
each part-load point used in the IEER calculation and any special 
instructions required to obtain operation at each part-load point, such 
as frequency or control set points including dip switch/control 
settings for step or variable-speed components (e.g., compressors, 
VFDs); a statement whether the model will operate at test conditions 
without manufacturer programming; outdoor air-side attachments used for 
testing; any additional testing instructions, if applicable; and if a 
variety of motors/drive kits are offered for sale as options in the 
basic model to account for varying installation requirements, the model 
number and specifications of the motor (to include efficiency, 
horsepower, open/closed, and number of poles) and the drive kit, 
including settings, associated with that specific motor that were used 
to determine the certified rating; or any additional applicable testing 
instructions, are also required.
    (viii) Computer room air-conditioners:
    (A) When certifying compliance with a SCOP standard: Any additional 
testing instructions, if applicable; and which, if any, special 
features were included in rating the basic model.
    (B) When certifying compliance with a NSenCOP standard: Compressor 
break-in period duration; frequency or control set points including the 
required dip switch/control settings for step or variable-speed 
components (e.g., compressors, VFDs); a statement whether the model 
will operate at test conditions without manufacturer programming; any 
additional testing instructions, if applicable; if a variety of motors/
drive kits are offered for sale as options in the basic model to 
account for varying installation requirements, the model number and 
specifications of the motor (to include efficiency, horsepower, open/
closed, and number of poles) and the drive kit, including settings, 
associated with that specific motor that were used to determine the 
certified rating.
* * * * *
    (x) Direct-expansion dedicated outdoor air systems:
    (A) For units without ventilation energy recovery systems: water 
flow rate in gallons per minute (gpm) for water-cooled and water-source 
units; rated ESP in inches of water column for the supply air stream; 
frequency or control set points for variable-speed components (e.g., 
compressors, VFDs); required dip switch/control settings for step or 
variable-speed components (e.g., reheat or head pressure control 
valves); a statement whether the model will operate at test conditions 
without manufacturer programming; if a variety of motors/drive kits are 
offered for sale as options in the basic model to account for varying 
installation requirements, the model number and specifications of the 
motor (to include efficiency, horsepower, open/closed, and number of 
poles) and the drive kit, including settings, associated with that 
specific motor that were used to determine the certified rating; and 
any additional testing instructions specified in appendix B to subpart 
F of part 431 of this chapter, if applicable (e.g., supply air dry-bulb 
temperatures for ISMRE2 tests, equipment settings for airflow, 
installation priority for split-system units, defrost control settings 
for air-source heat pump units, break-in period, or condenser head 
pressure controls.
    (B) For units with ventilation energy recovery systems, the 
requirements in paragraph (b)(4)(x)(A) of this section apply, in 
addition to: rated ESP in inches of water column for the return air 
stream; exhaust air transfer ratio at the rated supply airflow rate and 
a neutral pressure difference between return and supply airflow (EATR 
as a percent value); sensible and latent effectiveness of the 
ventilation energy recovery system at 75 percent of the nominal supply 
airflow and zero pressure differential in accordance with the DOE test 
procedure in appendix B to subpart F of part 431 of this chapter; 
sensible and latent effectiveness of the ventilation energy recovery 
system at 100 percent of the nominal supply airflow and zero pressure 
differential in accordance with the DOE test procedure in appendix B to 
subpart F of part 431 of this chapter; and any additional testing 
instructions, if applicable (e.g., deactivation of VERS or VERS bypass 
in accordance with appendix B to subpart F of part 431 of this 
chapter).
* * * * *
    (6) Basic and individual model numbers. The basic model number and 
individual model number(s) required to be reported under Sec.  
429.12(b)(6) must consist of the following:
    (i) For computer room air-conditioners:

[[Page 82066]]



                                         Table 8 to Paragraph (b)(6)(i)
----------------------------------------------------------------------------------------------------------------
                                                                         Individual model No(s).
 Single-package or split system?     Basic model No.   ---------------------------------------------------------
                                                                     1                            2
----------------------------------------------------------------------------------------------------------------
Single-Package...................  Number unique to     Package....................  N/A.
                                    the basic model.
Split System.....................  Number unique to     Indoor Unit................  Outdoor Unit.
                                    the basic model.
----------------------------------------------------------------------------------------------------------------

    (ii) For direct-expansion dedicated outdoor air systems:

                                         Table 9 to Paragraph (b)(6)(ii)
----------------------------------------------------------------------------------------------------------------
                                                                         Individual model No(s).
     Equipment configuration         Basic model No.   ---------------------------------------------------------
                                                                     1                            2
----------------------------------------------------------------------------------------------------------------
Single-Package...................  Number unique to     Package....................  N/A.
                                    the basic model.
Split System.....................  Number unique to     Outdoor Unit...............  Indoor Unit.
                                    the basic model.
----------------------------------------------------------------------------------------------------------------

* * * * *

0
13. Amend Sec.  429.44 by revising paragraph (c)(2) to read as follows:


Sec.  429.44  Commercial water heating equipment.

* * * * *
    (c) * * *
    (2) Pursuant to Sec.  429.12(b)(13), a certification report must 
include the following public equipment-specific information:
    (i) Commercial electric storage water heaters with measured storage 
volume less than or equal to 140 gallons: The standby loss in percent 
per hour (%/h); whether the rated input rate is greater than 12kW (Yes/
No); whether the ratio of input rate per gallon of stored water is less 
than 4,000 Btu/h/gallon (Yes/No); and the measured storage volume in 
gallons (gal).
    (ii) Commercial gas-fired and oil-fired storage water heaters with 
rated storage volume less than or equal to 140 gallons: The thermal 
efficiency in percent (%), the standby loss in British thermal units 
per hour (Btu/h), the rated storage volume in gallons (gal), and the 
rated input in British thermal units per hour (Btu/h).
    (iii) Commercial water heaters and hot water supply boilers with 
storage capacity greater than 140 gallons:
    (A) For gas-fired and oil-fired units: The thermal efficiency in 
percent (%); whether the rated storage volume is greater than 140 
gallons (Yes/No); whether the tank surface area is insulated with at 
least R-12.5 (Yes/No); whether a standing pilot light is used (Yes/No); 
whether the basic model has a fire damper or fan-assisted combustion 
(Yes/No); and, if applicable, pursuant to Sec.  431.110 of this 
chapter, the standby loss in British thermal units per hour (Btu/h); 
the rated storage volume in gallons (gal); and the rated input in 
British thermal units per hour (Btu/h).
    (B) For electric units: whether the rated storage volume is greater 
than 140 gallons (Yes/No); whether the tank surface area is insulated 
with at least R-12.5 (Yes/No); whether the rated input is greater than 
12kW (Yes/No); whether the ratio of input rate per gallon of stored 
water is less than 4,000 Btu/h (Yes/No); and, if applicable, pursuant 
to Sec.  431.110 of this chapter, the standby loss in percent per hour 
(%/h); and the measured storage volume in gallons (gal).
    (iv) Commercial gas-fired and oil-fired instantaneous water heaters 
with rated storage volume greater than or equal to 10 gallons and gas-
fired and oil-fired hot water supply boilers with rated storage volume 
greater than or equal to 10 gallons: The thermal efficiency in percent 
(%); the standby loss in British thermal units per hour (Btu/h); the 
rated storage volume in gallons (gal); the rated input in British 
thermal units per hour (Btu/h); whether the water heater includes a 
storage tank with a storage volume greater than or equal to 10 gallons 
(Yes/No). For equipment that does not meet the definition of storage-
type instantaneous water heaters (as set forth in 10 CFR 431.102), in 
addition to the requirements discussed previously in this paragraph 
(c)(2)(iv), the following must also be included in the certification 
report: whether the measured storage volume is determined using weight-
based test in accordance with Sec.  431.106 of this chapter or the 
calculation-based method in accordance with Sec.  429.72; whether the 
water heater will initiate main burner operation based on a 
temperature-controlled call for heating that is internal to the water 
heater (Yes/No); whether the water heater is equipped with an integral 
pump purge functionality (Yes/No); if the water heater is equipped with 
integral pump purge, the default duration of the pump off delay 
(minutes).
    (v) Commercial gas-fired and oil-fired instantaneous water heaters 
with rated storage volume less than 10 gallons and gas-fired and oil-
fired hot water supply boilers with rated storage volume less than 10 
gallons: The thermal efficiency in percent (%); the rated storage 
volume in gallons (gal), the rated input in British thermal units per 
hour (Btu/h); and whether the measured storage volume is determined 
using weight-based test in accordance with Sec.  431.106 of this 
chapter or the calculation-based method in accordance with Sec.  
429.72.
    (vi) Commercial electric instantaneous water heaters with measured 
storage volume greater than or equal to 10 gallons (excluding storage-
type instantaneous water heaters with storage capacity greater than 140 
gallons): The thermal efficiency in percent (%); the standby loss in 
percent per hour (%/h); whether the rated input is greater than 12kW 
(Yes/No); whether the ratio of input rate per gallon of stored water is 
not less than 4,000 Btu/h (Yes/No);the measured storage volume in 
gallons (gal); and whether the water heater includes a storage tank 
with a storage volume greater than or equal to 10 gallons (Yes/No). For 
equipment that does not meet the definition of ``storage-type 
instantaneous water heater'' (as set forth in Sec.  431.102 of this 
chapter), the following must also be included in the certification 
report: whether the measured storage volume is determined using a 
weight-based test in accordance with Sec.  431.106 of this chapter or 
the calculation-based method in accordance with Sec.  429.72; whether 
the water heater

[[Page 82067]]

will initiate heating element operation based on a temperature-
controlled call for heating that is internal to the water heater (Yes/
No); whether the water heater is equipped with an integral pump purge 
functionality (Yes/No); and if the water heater is equipped with 
integral pump purge, the default duration of the pump off delay 
(minutes).
    (vii) Commercial electric instantaneous water heaters with measured 
storage volume less than 10 gallons: The thermal efficiency in percent 
(%); whether the rated input is greater than 12kW (Yes/No); whether the 
ratio of input rate per gallon of stored water is not less than 4,000 
Btu/h (Yes/No); the measured storage volume in gallons (gal); and 
whether the measured storage volume is determined using a weight-based 
test in accordance with Sec.  431.106 of this chapter or the 
calculation-based method in accordance with Sec.  429.72.
    (viii) Commercial unfired hot water storage tanks: The thermal 
insulation (i.e., R-value) and stored volume in gallons (gal).
* * * * *

0
14. Amend Sec.  429.45 by revising paragraphs (a)(2)(ii) and (b)(2) and 
adding paragraph (b)(3) to read as follows:


Sec.  429.45   Automatic commercial ice makers.

    (a) * * *
    (2) * * *
    (ii) The upper 95 percent confidence limit (UCL) of the true mean 
divided by 1.10, where:
[GRAPHIC] [TIFF OMITTED] TR09OC24.006

    And x is the sample mean; s is the sample standard deviation; n 
is the number of samples; and t0.95 is the Student's t-Distribution 
Values for a 95 percent one-tailed confidence interval with n-1 
degrees of freedom (from appendix A to this subpart).
* * * * *
    (b) * * *
    (2) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following public product-specific information: The energy 
use in kilowatt hours per 100 pounds of ice (kWh/100 lb), the condenser 
water use in gallons per 100 pounds of ice (gal/100 lb), the harvest 
rate in lb/24 h, the type of cooling, and the equipment type.
    (3) For reporting, round harvest rate to the nearest 1 lb/24 h for 
harvest rates above 50 lb/24 h; round condenser water use to the 
nearest 1 gal/100 lb; and round energy use to the nearest 0.01 kWh/100 
lb.

0
15. Amend Sec.  429.53 by revising paragraph (b) to read as follows:


Sec.  429.53   Walk-in coolers and walk-in freezers.

* * * * *
    (b) Certification reports. (1) The requirements of Sec.  429.12 
apply to manufacturers of walk-in cooler and walk-in freezer panels, 
doors, and refrigeration systems, and;
    (2) Pursuant to Sec.  429.12(b)(13), a certification report must 
include the following public product-specific information:
    (i) For display and non-display doors:
    (A) The door type;
    (B) R-value of the door insulation (as applicable);
    (C) A declaration that the manufacturer has incorporated the 
applicable design requirements;
    (D) For transparent reach-in display doors and windows, the glass 
type of the doors and windows (e.g., double-pane with heat reflective 
treatment, triple-pane glass with gas fill);
    (E) Power draw of the anti-sweat heater in watts per square foot of 
door opening;
    (F) Door energy consumption in kilowatt-hours per day;
    (G) Rated surface area in square feet; and
    (H) For doors with anti-sweat heater controls, the range of 
temperature conditions (in degrees Fahrenheit) and/or relative humidity 
conditions (in percent, %) at which the anti-sweat heater turns on.
    (ii) For panels: The R-value of the insulation.
    (iii) For refrigeration systems:
    (A) The installed motor's functional purpose (i.e., evaporator fan 
motor or condenser fan motor), its rated horsepower, and a declaration 
that the manufacturer has incorporated the applicable walk-in-specific 
design requirements into the motor;
    (B) The refrigeration system AWEF and net capacity in BTU/h;
    (C) The configuration tested for certification (e.g., condensing 
unit only, unit cooler only, single-packaged dedicated system matched-
pair, attached split-system, or detachable single-packaged system);
    (D) Whether an indoor dedicated condensing unit is also certified 
as an outdoor dedicated condensing unit and, if so, the basic model 
number for the outdoor dedicated condensing unit; and
    (E) Whether the certified basic model meets the definition of a 
CO<INF>2</INF> unit cooler.
    (3) Pursuant to Sec.  429.12(b)(13), a certification report must 
include the following non-public product-specific information in 
addition to the information listed in paragraph (b)(2) of this section:
    (i) For display and non-display doors:
    (A) The rated power of each light, heater wire, and/or other 
electricity consuming device associated with each basic model of 
display and non-display door; and whether such device(s) has a timer, 
control system, or other demand-based control reducing the device's 
power consumption; and
    (B) The conduction load through the door in Btu/h.
    (ii) For refrigeration systems:
    (A) Whether the dedicated condensing system using flooded head 
pressure controls; and
    (B) The compressor break-in period, if used.
    (4) Pursuant to Sec.  429.12(b)(13), a certification report must 
include supplemental information submitted in PDF format. The 
equipment-specific supplemental information must be consistent with the 
equipment's installation or operating instructions; include any 
additional testing and testing set up instructions (e.g., charging 
instructions) for the basic model; identify all special features that 
were included in rating the basic model; and include all other 
information (e.g., any specific settings or controls) necessary to 
operate the basic model under the required conditions specified by the 
relevant test procedure. A manufacturer may also include with a 
certification report other supplementary items in PDF format (e.g., 
operating manuals and/or installation instructions) for DOE to consider 
when performing testing under appendix C and appendix C1 to subpart R 
of part 431.

0
16. Amend Sec.  429.59 by revising paragraphs (b)(2)(i) through (iii) 
to read as follows.


Sec.  429.59  Pumps.

* * * * *
    (b) * * *
    (2) * * *
    (i) For a pump subject to the test methods prescribed in section 
III of appendix A to subpart Y of part 431 of this chapter: 
PEI<INF>CL</INF>; pump total head in feet (ft.) at BEP and nominal 
speed; volume per unit time (flow rate) in gallons per minute (gpm) at 
BEP and nominal speed; the nominal speed of rotation in revolutions per 
minute (rpm); calculated driver power input at each load point i 
(Piin), corrected to nominal speed, in horsepower (hp); full impeller 
diameter in inches (in.); and for RSV and ST pumps, the number of 
stages tested.
    (ii) For a pump subject to the test methods prescribed in section 
IV or V

[[Page 82068]]

of appendix A to subpart Y of part 431 of this chapter: 
PEI<INF>CL</INF>; pump total head in feet (ft.) at BEP and nominal 
speed; volume per unit time (flow rate) in gallons per minute (gpm) at 
BEP and nominal speed; the nominal speed of rotation in revolutions per 
minute (rpm); driver power input at each load point i (Piin), corrected 
to nominal speed, in horsepower (hp); full impeller diameter in inches 
(in.); whether the PEI<INF>CL</INF> is calculated or tested; and for 
RSV and ST pumps, number of stages tested.
    (iii) For a pump subject to the test methods prescribed in section 
VI or VII of appendix A to subpart Y of part 431 of this chapter: 
PEI<INF>VL</INF>; pump total head in feet (ft.) at BEP and nominal 
speed; volume per unit time (flow rate) in gallons per minute (gpm) at 
BEP and nominal speed; the nominal speed of rotation in revolutions per 
minute (rpm); driver power input (measured as the input power to the 
driver and controls) at each load point i (Piin), corrected to nominal 
speed, in horsepower (hp); full impeller diameter in inches (in.); 
whether the PEI<INF>VL</INF> is calculated or tested; and for RSV and 
ST pumps, the number of stages tested.
* * * * *

0
17. Amend Sec.  429.62 by revising paragraphs (a)(5) and (b)(2) and 
adding paragraph (b)(3) to read as follows:


Sec.  429.62  Portable air conditioners.

    (a) * * *
    (5) The represented value of combined energy efficiency ratio 
(CEER) or annualized energy efficiency ratio of a basic model must be 
rounded to the nearest 0.1 British thermal units per Watt-hour (Btu/
Wh).
* * * * *
    (b) * * *
    (2) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following public product-specific information: The CEER in 
Btu/Wh, the seasonally adjusted cooling capacity in British thermal 
units per hour (Btu/h), the duct configuration used for testing 
(single-duct or dual-duct), the ability to operate in both duct 
configurations (yes or no), presence of heating function, and primary 
condensate removal feature (auto-evaporation, gravity drain, removable 
internal collection bucket, or condensate pump).
    (3) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following additional public product-specific information: 
whether the basic model is variable-speed (yes or no), and if yes; the 
full-load seasonally adjusted cooling capacity (SACC<INF>_Full</INF>), 
in British thermal units per hour (Btu/h).

0
18. Amend Sec.  429.65 by adding paragraphs (e) and (f) to read as 
follows:


Sec.  429.65  Dedicated-purpose pool pump motors.

* * * * *
    (e) Certification reports for dedicated purpose pool pump motors. 
(1) The requirements of Sec.  429.12 apply to dedicated-purpose pool 
pump motors.
    (2) Pursuant to Sec.  429.12(b)(13), a certification report must 
include the following public, product-specific information for each 
basic model:
    (i) The dedicated-purpose pool pump motor total horsepower as 
described in paragraph (c)(1)(v) of this section;
    (ii) For all basic models with total horsepower less than 0.5 THP, 
the full-load efficiency in percent (%) as described in this section; 
and
    (iii) For all basic models with total horsepower greater than or 
equal to 0.5 THP: a statement confirming that the motor is a variable 
speed control dedicated purpose pool pump motor, as defined at Sec.  
431.483 of this chapter; and a statement regarding whether freeze 
protection is shipped enabled or disabled; for dedicated-purpose pool 
pump motors distributed in commerce with freeze protection controls 
enabled: The default dry-bulb air temperature setting (in [deg]F), 
default run time setting (in minutes), maximum operating speed (in 
revolutions per minute, or rpm), and default motor speed in freeze 
protection mode (in revolutions per minute, or rpm).
    (f) Rounding requirements. (1) Round dedicated-purpose-pool pump 
motor total horsepower to the nearest hundredth of a THP;
    (2) Round full-load efficiency to the nearest tenth of a percent; 
and
    (3) For dedicated-purpose pool pump motor basic models with total 
horsepower greater than or equal to 0.5 THP and distributed in commerce 
with freeze protection controls enabled, round the dry-bulb temperature 
setting, run time setting, maximum operating speed, and default motor 
speed in freeze protection mode to the nearest whole number.

0
19. Amend Sec.  429.67 by revising paragraphs (c)(2)(ii)(A)(2), (f)(2), 
and (f)(3)(i) and (ii) and adding paragraph (f)(4) to read as follows:


Sec.  429.67  Air-cooled, three-phase, small commercial package air 
conditioning and heating equipment with a cooling capacity of less than 
65,000 British thermal units per hour and air-cooled, three-phase, 
variable refrigerant flow multi-split air conditioners and heat pumps 
with a cooling capacity of less than 65,000 British thermal units per 
hour.

* * * * *
    (c) * * *
    (2) * * *
    (ii) * * *
    (A) * * *
    (2) The lower 90 percent confidence limit (LCL) of the true mean 
divided by 0.95, where:
[GRAPHIC] [TIFF OMITTED] TR09OC24.007

    And x is the sample mean; s is the sample standard deviation; n is 
the number of samples; and t0.90 is the Student's t-Distribution Values 
for a 90 percent one-tailed confidence interval with n-1 degrees of 
freedom (from appendix A to this subpart).
* * * * *
    (f) * * *
    (2) Pursuant to Sec.  429.12(b)(13), for each individual model (for 
single-package systems) or individual combination (for split-systems, 
including outdoor units with no match and ``tested combinations'' for 
multi-split, multi-circuit, and multi-head mini-split systems), a 
certification report must include the following public equipment-
specific information:
    (i) Commercial package air conditioning equipment that is air-
cooled with a cooling capacity of less than 65,000 Btu/h (3-Phase):
    (A) When certifying compliance with a SEER standard: The seasonal 
energy efficiency ratio (SEER in British thermal units per Watt-hour 
(Btu/Wh)), and the rated cooling capacity in British thermal units per 
hour (Btu/h).
    (B) When certifying compliance with a SEER2 standard: the seasonal 
energy efficiency ratio 2 (SEER2 in British thermal units per Watt-hour 
(Btu/Wh)) and the rated cooling capacity in British thermal units per 
hour (Btu/h).
    (ii) Commercial package heating equipment that is air-cooled with a 
cooling capacity of less than 65,000 Btu/h (3-Phase):
    (A) When certifying compliance with an HSPF standard: The seasonal 
energy efficiency ratio (SEER in British thermal units per Watt-hour 
(Btu/Wh)), the heating seasonal performance factor (HSPF in British 
thermal units per Watt-hour (Btu/Wh)), and the rated cooling capacity 
in British thermal units per hour (Btu/h).
    (B) When certifying compliance with an HSPF2 standard: the seasonal 
energy efficiency ratio 2 (SEER2 in British thermal units per Watt-hour 
(Btu/Wh)), the heating seasonal performance factor 2 (HSPF2 in British 
thermal units per Watt-hour (Btu/Wh)) and the rated cooling capacity in 
British thermal units per hour (Btu/h).

[[Page 82069]]

    (iii) Air-cooled, three-phase, variable refrigerant flow multi-
split air conditioners with a cooling capacity of less than 65,000 Btu/
h:
    (A) When certifying compliance with a SEER standard: The seasonal 
energy efficiency ratio (SEER in British thermal units per Watt-hour 
(Btu/Wh)), and the rated cooling capacity in British thermal units per 
hour (Btu/h).
    (B) When certifying compliance with a SEER2 standard: the seasonal 
energy efficiency ratio 2 (SEER2 in British thermal units per Watt-hour 
(Btu/Wh)) and the rated cooling capacity in British thermal units per 
hour (Btu/h).
    (iv) Air-cooled, three-phase, variable refrigerant flow multi-split 
heat pumps with a cooling capacity of less than 65,000 Btu/h:
    (A) When certifying compliance with an HSPF standard: The seasonal 
energy efficiency ratio (SEER in British thermal units per Watt-hour 
(Btu/Wh)), the heating seasonal performance factor (HSPF in British 
thermal units per Watt-hour (Btu/Wh)), and the rated cooling capacity 
in British thermal units per hour (Btu/h).
    (B) When certifying compliance with an HSPF2 standard: the seasonal 
energy efficiency ratio 2 (SEER2 in British thermal units per Watt-hour 
(Btu/Wh)), the heating seasonal performance factor 2 (HSPF2 in British 
thermal units per Watt-hour (Btu/Wh)) and the rated cooling capacity in 
British thermal units per hour (Btu/h).
    (3) * * *
    (i) Air cooled commercial package air conditioning equipment with a 
cooling capacity of less than 65,000 Btu/h (3-phase): The nominal 
cooling capacity in British thermal units per hour (Btu/h); rated 
airflow in standard cubic feet per minute (SCFM) for each fan coil; 
rated external static pressure in inches of water; refrigeration 
charging instructions (e.g., refrigerant charge, superheat and/or 
subcooling temperatures); frequency or control set points for variable 
speed components (e.g., compressors, VFDs); required dip switch/control 
settings for step or variable components; a statement whether the model 
will operate at test conditions without manufacturer programming; any 
additional testing instructions, if applicable; if a variety of motors/
drive kits are offered for sale as options in the basic model to 
account for varying installation requirements, the model number and 
specifications of the motor (to include efficiency, horsepower, open/
closed, and number of poles) and the drive kit, including settings, 
associated with that specific motor that were used to determine the 
certified rating; and which, if any, special features were included in 
rating the basic model. Additionally, when certifying compliance with a 
SEER2 standard, the supplemental information must also include: for 
models of outdoor units with no match, the following characteristics of 
the indoor coil: the face area, the coil depth in the direction of 
airflow, the fin density (fins per inch), the fin material, the fin 
style, the tube diameter, the tube material, and the numbers of tubes 
high and deep.
    (ii) Commercial package heating equipment that is air-cooled with a 
cooling capacity of less than 65,000 Btu/h (3-phase): The nominal 
cooling capacity in British thermal units per hour (Btu/h); rated 
heating capacity in British thermal units per hour (Btu/h); rated 
airflow in standard cubic feet per minute (SCFM) for each fan coil; 
rated external static pressure in inches of water; refrigeration 
charging instructions (e.g., refrigerant charge, superheat and/or 
subcooling temperatures); frequency or control set points for variable 
speed components (e.g., compressors, VFDs); required dip switch/control 
settings for step or variable components; a statement whether the model 
will operate at test conditions without manufacturer programming; any 
additional testing instructions, if applicable; if a variety of motors/
drive kits are offered for sale as options in the basic model to 
account for varying installation requirements, the model number and 
specifications of the motor (to include efficiency, horsepower, open/
closed, and number of poles) and the drive kit, including settings, 
associated with that specific motor that were used to determine the 
certified rating; and which, if any, special features were included in 
rating the basic model. Additionally, when certifying compliance with 
an HSPF2 standard, the supplemental information must also include: for 
models of outdoor units with no match, the following characteristics of 
the indoor coil: the face area, the coil depth in the direction of 
airflow, the fin density (fins per inch), the fin material, the fin 
style, the tube diameter, the tube material, and the numbers of tubes 
high and deep.
* * * * *
    (4) The basic model number and individual model number(s) required 
to be reported under Sec.  429.12(b)(6) must consist of the following:

                                           Table 2 to Paragraph (f)(4)
----------------------------------------------------------------------------------------------------------------
                                                                      Individual model number(s)
         Equipment type           Basic model number -----------------------------------------------------------
                                                               1                   2                   3
----------------------------------------------------------------------------------------------------------------
Single-Package (including Space-  Number unique to    Package...........  N/A...............  N/A.
 Constrained).                     the basic model.
Single-Split System (including    Number unique to    Outdoor Unit......  Indoor Unit.......  If applicable--Air
 Space-Constrained and SDHV).      the basic model.                                            Mover (could be
                                                                                               same as indoor
                                                                                               unit if fan is
                                                                                               part of indoor
                                                                                               unit model
                                                                                               number).
Multi-Split, Multi-Circuit, and   Number unique to    Outdoor Unit......  When certifying a   If applicable--
 Multi-Head Mini-Split System      the basic model.                        basic model based   When certifying a
 (including Space-Constrained                                              on tested           basic model based
 and SDHV).                                                                combination(s): *   on tested
                                                                           * *.                combination(s): *
                                                                          When certifying an   * *.
                                                                           individual         When certifying an
                                                                           combination: Each   individual
                                                                           indoor units        combination: Each
                                                                           paired with the     air movers paired
                                                                           outdoor unit.       with the outdoor
                                                                                               unit.
Outdoor Unit with No Match......  Number unique to    Outdoor Unit......  N/A...............  N/A.
                                   the basic model.
----------------------------------------------------------------------------------------------------------------


0
20. Amend Sec.  429.68 by revising paragraph (a)(2)(ii) introductory 
text and adding paragraph (b) to read as follows:


Sec.  429.68  Air cleaners.

    (a) * * *
    (2) * * *
    (ii) Any represented value of the integrated energy factor or other 
measure of energy consumption of a

[[Page 82070]]

basic mode for which consumers would favor higher values shall be less 
than or equal to the lower of:
* * * * *
    (b) Certification reports. (1) The requirements of Sec.  429.12 are 
applicable to air cleaners; and
    (2) Pursuant to Sec.  429.12(b)(13), a certification report shall 
include the following public product-specific information:
    (i) Smoke clean air delivery rate (CADR) in cubic feet per minute 
(cfm);
    (ii) Dust CADR in cfm;
    (iii) PM<INF>2.5</INF> CADR in cfm;
    (iv) Annual energy consumption in kilowatt hours per year (kWh/yr);
    (v) Integrated energy factor in PM<INF>2.5</INF> CADR per watt; and
    (vi) Effective room size in square feet.

0
21. Amend Sec.  429.70 by revising table 2 to paragraph (c)(5)(vi)(B) 
to read as follows:


Sec.  429.70  Alternative methods for determining energy efficiency and 
energy use.

* * * * *
    (c) * * *
    (5) * * *
    (vi) * * *
    (B) * * *

                   Table 2 to Paragraph (c)(5)(vi)(B)
------------------------------------------------------------------------
                                                            Applicable
           Equipment                      Metric             tolerance
------------------------------------------------------------------------
Commercial Packaged Boilers....  Combustion Efficiency..       5% (0.05)
                                 Thermal Efficiency.....       5% (0.05)
Commercial Water Heaters or Hot  Thermal Efficiency.....       5% (0.05)
 Water Supply Boilers.           Standby Loss...........       10% (0.1)
Unfired Storage Tanks..........  R-Value................       10% (0.1)
Air-Cooled, Split and Packaged   Energy Efficiency Ratio       5% (0.05)
 ACs and HPs Greater Than or     Energy Efficiency Ratio       5% (0.05)
 Equal to 65,000 Btu/h Cooling    2.                           5% (0.05)
 Capacity and Less Than 760,000  Coefficient of                5% (0.05)
 Btu/h Cooling Capacity.          Performance.                 10% (0.1)
                                 Coefficient of                10% (0.1)
                                  Performance 2.               10% (0.1)
                                 Integrated Energy
                                  Efficiency Ratio.
                                 Integrated Ventilation,
                                  Economizing, and
                                  Cooling.
                                 Integrated Ventilation
                                  and Heating Efficiency.
Water-Cooled, Split and          Energy Efficiency Ratio       5% (0.05)
 Packaged ACs and HPs, All       Energy Efficiency Ratio       5% (0.05)
 Cooling Capacities.              2.                           10% (0.1)
                                 Integrated Energy             10% (0.1)
                                  Efficiency Ratio.
                                 Integrated Ventilation,
                                  Economizing, and
                                  Cooling.
Evaporatively-Cooled, Split and  Energy Efficiency Ratio       5% (0.05)
 Packaged ACs and HPs, All       Energy Efficiency Ratio       5% (0.05)
 Capacities.                      2.                           10% (0.1)
                                 Integrated Energy             10% (0.1)
                                  Efficiency Ratio.
                                 Integrated Ventilation,
                                  Economizing, and
                                  Cooling.
Water-Source HPs, All            Energy Efficiency Ratio       5% (0.05)
 Capacities.
                                 Coefficient of                5% (0.05)
                                  Performance.
                                 Integrated Energy             10% (0.1)
                                  Efficiency Ratio.
Single Package Vertical ACs and  Energy Efficiency Ratio       5% (0.05)
 HPs.                            Coefficient of                5% (0.05)
                                  Performance.                 10% (0.1)
                                 Integrated Energy
                                  Efficiency Ratio.
Packaged Terminal ACs and HPs..  Energy Efficiency Ratio       5% (0.05)
                                 Coefficient of                5% (0.05)
                                  Performance.
Variable Refrigerant Flow ACs    Energy Efficiency Ratio       5% (0.05)
 and HPs (Excluding Air-Cooled,  Coefficient of                5% (0.05)
 Three-phase with Less Than       Performance.                 10% (0.1)
 65,000 Btu/h Cooling Capacity). Integrated Energy
                                  Efficiency Ratio.
Computer Room Air Conditioners.  Sensible Coefficient of       5% (0.05)
                                  Performance.
                                 Net Sensible                  5% (0.05)
                                  Coefficient of
                                  Performance.
Direct Expansion-Dedicated       Integrated Seasonal           10% (0.1)
 Outdoor Air Systems.             Coefficient of               10% (0.1)
                                  Performance 2.
                                 Integrated Seasonal
                                  Moisture Removal
                                  Efficiency 2.
Commercial Warm-Air Furnaces...  Thermal Efficiency.....       5% (0.05)
Commercial Refrigeration         Daily Energy                  5% (0.05)
 Equipment.                       Consumption.
------------------------------------------------------------------------

* * * * *

0
22. Amend Sec.  429.72 by revising paragraph (e) to read as follows:


Sec.  429.72  Alternative methods for determining non-energy ratings.

* * * * *
    (e) Commercial instantaneous water heaters (other than storage-type 
instantaneous water heaters) and hot water supply boilers. The storage 
volume of a commercial instantaneous water heater (other than storage-
type instantaneous water heaters) or a hot water supply boiler basic 
model may be determined by performing a calculation of the stored water 
volume based upon design drawings (including computer-aided design 
(CAD) models) or physical dimensions of the basic model. Any value of 
storage volume of a basic model reported to DOE in a certification of 
compliance in accordance with Sec.  429.44(c)(2)(iv) through (vii) must 
be calculated using the design drawings or physical dimensions or 
measured as per the applicable provisions in the test procedures in 
Sec.  431.106 of this chapter. Calculations to determine storage volume 
must include all water contained within the water heater from the inlet 
connection(s) to the outlet connection(s). The storage volume of water 
contained in the water heater must then be computed in gallons.
* * * * *

0
23. Amend Sec.  429.134 by adding paragraph (q)(5) to read as follows:


Sec.  429.134  Product-specific enforcement provisions.

* * * * *
    (q) * * *
    (5) Break-in period for refrigeration systems. DOE will perform a 
compressor break-in period during assessment or

[[Page 82071]]

enforcement testing using a duration specified by the manufacturer, not 
to exceed 20 hours, only if a break-in period duration is provided in 
the certification report.
* * * * *

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND 
INDUSTRIAL EQUIPMENT

0
24. The authority citation for part 431 continues to read as follows:

    Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.

0
25. Amend Sec.  431.2 by revising the definition of ``Covered 
equipment'' to read as follows:


Sec.  431.2  Definitions.

* * * * *
    Covered equipment means any commercial heating, ventilating, and 
air conditioning, and water heating product (HVAC & WH product), as 
defined in Sec.  431.2; electric motor, as defined in Sec.  431.12; 
commercial refrigerator, freezer, or refrigerator-freezer, as defined 
in Sec.  431.62; automatic commercial ice maker, as defined in Sec.  
431.132; commercial clothes washer, as defined in Sec.  431.152; fan or 
blower, as defined in Sec.  431.172; distribution transformer, as 
defined in Sec.  431.192; illuminated exit sign, as defined in Sec.  
431.202; traffic signal module or pedestrian module, as defined in 
Sec.  431.222; unit heater, as defined in Sec.  431.242; commercial 
prerinse spray valve, as defined in Sec.  431.262; mercury vapor lamp 
ballast, as defined in Sec.  431.282; refrigerated bottled or canned 
beverage vending machine, as defined in Sec.  431.292; walk-in cooler 
and walk-in freezer, as defined in Sec.  431.302; metal halide ballast 
and metal halide lamp fixture, as defined in Sec.  431.322; compressor, 
as defined in Sec.  431.342; small electric motor, as defined in Sec.  
431.442; pump, as defined in Sec.  431.462; and dedicated purpose pool 
pump motor, as defined in Sec.  431.483.
* * * * *

0
26. Amend Sec.  431.305 by revising paragraphs (a)(1) and (b)(1) to 
read as follows:


Sec.  431.305  Walk-in cooler and walk-in freezer labeling 
requirements.

    (a) * * *
    (1) Required information. The permanent nameplate of a walk-in 
cooler or walk-in freezer panel for which standards are prescribed in 
Sec.  431.306 must be marked clearly with the following information:
    (i) The panel brand or manufacturer;
    (ii) The date of manufacture; and
    (iii) One of the following statements, as appropriate:
    (A) ``This panel is designed and certified for use in walk-in 
cooler applications.''
    (B) ``This panel is designed and certified for use in walk-in 
freezer applications.''
    (C) ``This panel is designed and certified for use in walk-in 
cooler and walk-in freezer applications.''
* * * * *
    (b) * * *
    (1) Required information. The permanent nameplate of a walk-in 
cooler or walk-in freezer door for which standards are prescribed in 
Sec.  431.306 must be marked clearly with the following information:
    (i) The door brand or manufacturer;
    (ii) For non-display doors manufactured with foam insulation, the 
date of manufacture; and
    (iii) One of the following statements, as appropriate:
    (A) ``This door is designed and certified for use in walk-in cooler 
applications.''
    (B) ``This door is designed and certified for use in walk-in 
freezer applications.''
    (C) ``This door is designed and certified for use in walk-in cooler 
and walk-in freezer applications.''
* * * * *
[FR Doc. 2024-21950 Filed 10-8-24; 8:45 am]
BILLING CODE 6450-01-P


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