79374 Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 

2461 note. 

■ 2. Amend § 430.32 by revising 

paragraph (aa)(2)(ii) to read as follows: 

§ 430.32 Energy and water conservation 

standards and their compliance dates. 

* * * * * 

(aa) * * * 

(2) * * * 

(ii) Combination cooler refrigeration 

products manufactured on or after 

January 31, 2029, shall have an Annual 

Energy Use (AEU) no more than: 

Product class AEU 

(kWh/yr) 

C–3A. Cooler with all-refrigerator—automatic defrost ..................................................................................................... 4.11AV + 117.4. 

C–3A–BI. Built-in cooler with all-refrigerator—automatic defrost ..................................................................................... 4.67AV + 133.0. 

C–5–BI. Built-in cooler with refrigerator-freezer with automatic defrost with bottom-mounted freezer ........................... 5.47AV + 196.2 + 28I. 

C–9. Cooler with upright freezer with automatic defrost .................................................................................................. 5.58AV + 147.7 + 28I. 

C–9–BI. Built-in cooler with upright freezer with automatic defrost ................................................................................. 6.38AV + 168.8 + 28I. 

C–13A. Compact cooler with all-refrigerator—automatic defrost ..................................................................................... 4.74AV + 155.0. 

C–13A–BI. Built-in compact cooler with all-refrigerator—automatic defrost .................................................................... 5.22AV + 170.5. 

AV = Total adjusted volume, expressed in ft3, as determined in appendix A to subpart B of this part. 

I = 1 for a product with an automatic icemaker and = 0 for a product without an automatic icemaker. 

* * * * * 

Note: The following appendix will not 

appear in the Code of Federal Regulations. 

Appendix A 

July 9, 2024 

Ami Grace-Tardy 

Assistant General Counsel for Legislation, 

Regulation and Energy Efficiency 

U.S. Department of Energy 

Washington, DC 20585 

Ami.Grace-Tardy@hq.doe.gov 

Re: Conservation Standards for 

Miscellaneous Refrigeration Products DOE 

Docket No. EERE–2020–BT–STD–0039 

Dear Assistant General Counsel Grace-Tardy: 

I am responding to your May 10, 2024, 

letter seeking the views of the Attorney 

General about the potential impact on 

competition of proposed energy conservation 

standards for miscellaneous refrigeration 

products (MREFs). 

Your request was submitted under Section 

325(o)(2)(B)(i)(V) of the Energy Policy and 

Conservation Act, as amended (ECPA), 42 

U.S.C. 6295(o)(2)(B)(i)(V), which requires the 

Attorney General to make a determination of 

the impact of any lessening of competition 

that is likely to result from the imposition of 

proposed energy conservation standards. The 

Attorney General’s responsibility for 

responding to requests from other 

departments about the effect of a program on 

competition has been delegated to the 

Assistant Attorney General for the Antitrust 

Division in 28 CFR 0.40(g). The Assistant 

Attorney General for the Antitrust Division 

has authorized me, as the Policy Director for 

the Antitrust Division, to provide the 

Antitrust Division’s views regarding the 

potential impact on competition of proposed 

energy conservation standards on his behalf. 

In conducting its analysis, the Antitrust 

Division examines whether a proposed 

standard may lessen competition, for 

example, by substantially limiting consumer 

choice, by placing certain manufacturers at 

an unjustified competitive disadvantage, or 

by inducing avoidable inefficiencies in 

production or distribution of particular 

products. A lessening of competition could 

result in higher prices to manufacturers and 

consumers. 

We have reviewed the proposed standards 

contained in the Notice of Proposed 

Rulemaking (89 FR 37987, May 7, 2024), the 

Direct Final Rule (89 FR 38762, May 7, 2024), 

and the related Technical Support 

Documents (TSD) that accompanied them. 

We have also reviewed the Docket and noted 

that, as of July 9, 2024, no public comments 

had been filed in response to the Notice of 

Proposed Rulemaking or the Direct Final 

Rule. 

Based on this review, our conclusion is 

that the proposed energy conservation 

standards for MREFs are unlikely to have a 

significant adverse impact on competition. 

Sincerely, 

/s/ 

David G.B. Lawrence, 

Policy Director. 

[FR Doc. 2024–22131 Filed 9–27–24; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[EERE–2022–BT–STD–0015] 

RIN 1904–AF34 

Energy Conservation Program: Energy 

Conservation Standards for Air-Cooled 

Commercial Package Air Conditioners 

and Heat Pumps 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Direct final rule; confirmation of 

effective and compliance dates. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) published a direct final 

rule to establish amended energy 

conservation standards for air-cooled 

commercial package air conditioners 

and heat pumps with a rated cooling 

capacity greater than or equal to 65,000 

Btu/h in the Federal Register on May 

20, 2024. DOE has determined that the 

comments received in response to the 

direct final rule do not provide a 

reasonable basis for withdrawing the 

direct final rule. Therefore, DOE 

provides this document confirming the 

effective and compliance dates of those 

standards. 

DATES: The effective date of September 

17, 2024, for the direct final rule 

published on May 20, 2024, (89 FR 

44052) is confirmed. Compliance with 

the standards established in the direct 

final rule will be required on and after 

January 1, 2029. 

ADDRESSES: The docket for this 

rulemaking, 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 information that is exempt from 

public disclosure. 

The docket web page can be found at 

www.regulations.gov/docket/EERE2022-BT-STD-0015. The docket 

webpage contains instructions on how 

to access all documents, including 

public comments, in the docket. 

For further information on how to 

submit a comment or review other 

public comments and the docket, 

contact the Appliance and Equipment 

Standards Program staff at (202) 287– 

1445 or by email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: 


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1All 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. 

2While ACUACs and ACUHPs with rated cooling 

capacity less than 65,000 Btu/h are included in the 

broader category of commercial unitary air 

conditioners and heat pumps (‘‘CUACs and 

CUHPs’’), they are not addressed in this 

rulemaking. The standards for ACUACs and 

ACUHPs with rated cooling capacity less than 

65,000 Btu/h have been addressed in a separate 

rulemaking (see Docket No. EERE–2022–BT–STD– 

0008). Additionally, while double-duct air 

conditioners and heat pumps are air-cooled 

commercial package air conditioning and heating 

equipment, they are not addressed in this 

rulemaking. Double-duct systems will be addressed 

in a separate rulemaking process. Accordingly, all 

references within this direct final rule to ACUACs 

and ACUHPs exclude equipment with rated cooling 

capacity less than 65,000 Btu/h and double-duct 

systems. 

3The January 2016 Direct Final Rule adopted a 

two-tiered standard approach that applied a first 

tier of minimum efficiency levels for compliance on 

January 1, 2018, and a second tier of higher 

minimum efficiency levels for compliance on 

January 1, 2023. 81 FR 2420, 2489–2490, 2531 (Jan. 

15, 2016). 

4ASHRAE Standard 90.1–2022 was published in 

January 2023, but it did not affect the standards 

being considered in this rulemaking or trigger DOE 

for this equipment. 

Dr. Pradeep Prathibha, U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies Office, EE–5B, 

1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (240) 255–0630. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

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: 

Eric.Stas@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Authority 

II. Air-Cooled Commercial Unitary Air 

Conditioners and Heat Pumps Direct 

Final Rule 

A. Background 

III. Comments on the Direct Final Rule 

A. General Comments 

B. Certification 

IV. Impact of Any Lessening of Competition 

V. Conclusion 

I. Authority 

The Energy Policy and Conservation 

Act, Public Law 94–163, as amended 

(‘‘EPCA’’),1 authorizes DOE to issue a 

direct final rule establishing an energy 

conservation standard for covered 

equipment on receipt of a statement 

submitted jointly by interested persons 

that are fairly representative of relevant 

points of view (including 

representatives of manufacturers of 

covered equipment, States, and 

efficiency advocates), as determined by 

the Secretary of Energy (‘‘Secretary’’), 

that contains recommendations with 

respect to an energy or water 

conservation standard that are in 

accordance with the provisions of 42 

U.S.C. 6295(o) or 42 U.S.C. 

6313(a)(6)(B), as applicable. (42 U.S.C. 

6316(b)(1); 42 U.S.C. 6295(p)(4)) 

The direct final rule must be 

published simultaneously with a notice 

of proposed rulemaking (‘‘NOPR’’) that 

proposes an energy or water 

conservation standard that is identical 

to the standard established in the direct 

final rule, and DOE must provide a 

public comment period of at least 110 

days on this proposal. (42 U.S.C. 

6316(b)(1); 42 U.S.C. 6295(p)(4)(A)–(B)) 

Not later than 120 days after issuance of 

the direct final rule, DOE shall 

withdraw the direct final rule if: (1) 

DOE receives one or more adverse 

public comments relating to the direct 

final rule or any alternative joint 

recommendation; and (2) based on the 

rulemaking record relating to the direct 

final rule, DOE determines that such 

adverse public comments or alternative 

joint recommendation may provide a 

reasonable basis for withdrawing the 

direct final rule. (42 U.S.C. 6316(b)(1); 

42 U.S.C. 6295(p)(4)(C)) If DOE makes 

such a determination, DOE must 

proceed with the NOPR published 

simultaneously with the direct final rule 

and publish in the Federal Register the 

reasons why the direct final rule was 

withdrawn. (Id.) 

After review of comments received, 

DOE has determined that it did not 

receive any adverse comments 

providing a basis for withdrawal 

described above for the direct final rule 

that is the subject of this document. As 

such, DOE did not withdraw this direct 

final rule and allowed it to become 

effective. Although not required under 

EPCA, where DOE does not withdraw a 

direct final rule, DOE customarily 

publishes a summary of the comments 

received during the 110-day comment 

period and its responses to those 

comments. This document contains 

such a summary, as well as DOE’s 

responses to the comments. 

II. Air-Cooled Commercial Unitary Air 

Conditioners and Heat Pumps Direct 

Final Rule 

A. Background 

Small, large, and very large 

commercial package air conditioning 

and heating equipment are covered 

equipment under EPCA. (42 U.S.C. 

6311(1)(B)–(D)) Such equipment 

includes as equipment categories aircooled commercial unitary air 

conditioners with a rated cooling 

capacity greater than or equal to 65,000 

Btu/h and less than 760,000 Btu/h 

(‘‘ACUACs’’) and air-cooled commercial 

unitary heat pumps with a rated cooling 

capacity greater than or equal to 65,000 

Btu/h and less than 760,000 Btu/h 

(‘‘ACUHPs’’) (excluding double-duct air 

conditioners and heat pumps), which 

are the subject of this rulemaking.2

In a direct final rule published in the 

Federal Register on January 15, 2016 

(‘‘January 2016 Direct Final Rule’’), DOE 

prescribed the current energy 

conservation standards for ACUACs and 

ACUHPs manufactured on and after 

January 1, 2023.3 81 FR 2420. These 

standards are set forth in DOE’s 

regulations at title 10 of the Code of 

Federal Regulations (‘‘CFR’’) section 

431.97(b). 

DOE’s current energy conservation 

standards are expressed in terms of 

integrated energy efficiency ratio 

(‘‘IEER’’) for the cooling efficiency of 

ACUACs and ACUHPs, and in terms of 

coefficient of performance (‘‘COP’’) for 

the heating efficiency of ACUHPs. (See 

10 CFR 431.97(b)) To demonstrate 

compliance with the current energy 

conservation standards, manufacturers 

must use the test procedure provided at 

10 CFR part 431, subpart F, appendix A 

(‘‘appendix A’’), Uniform Test Method 

for the Measurement of Energy 

Consumption of Commercial Package 

Air Conditioning and Heating 

Equipment (Excluding Air-Cooled 

Equipment With a Cooling Capacity 

Less Than 65,000 Btu/h). 

Since publication of the January 2016 

Direct Final Rule, the American Society 

of Heating, Refrigerating, and AirConditioning Engineers (‘‘ASHRAE’’) 

published an updated version of 

ASHRAE Standard 90.1 (‘‘ASHRAE 

Standard 90.1–2016’’), which updated 

the minimum efficiency levels for 

ACUACs and ACUHPs to align with the 

first tier of minimum efficiencies 

adopted by DOE in the January 2016 

Direct Final Rule (which had a 

compliance date of January 1, 2018). 

ASHRAE subsequently published 

another updated version of ASHRAE 

Standard 90.1 (‘‘ASHRAE Standard 

90.1–2019’’), which updated the 

minimum efficiency levels for ACUACs 

and ACUHPs to align with both tiers 

adopted by DOE in the January 2016 

Direct Final Rule (i.e., specifying two 

tiers of minimum levels for ACUACs 

and ACUHPs, with a January 1, 2023, 

compliance date for the second tier).4


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5The May 2020 ECS RFI also addressed 

commercial warm air furnaces, a separate type of 

covered equipment which was subsequently 

handled in a different rulemaking proceeding (see 

Docket No. EERE–2019–BT–STD–0042 in 

www.regulations.gov). 

6The ACUAC/HP Working Group ECS Term 

Sheet is available at www.regulations.gov/ 

document/EERE-2022-BT-STD-0015-0087. 

On May 12, 2020, DOE began its sixyear-lookback review for ACUACs and 

ACUHPs by publishing in the Federal 

Register an energy conservation 

standards (‘‘ECS’’) request for 

information (‘‘RFI’’) (referred to 

hereafter as the ‘‘May 2020 ECS RFI’’).5

85 FR 27941. The May 2020 ECS RFI 

sought information to help DOE inform 

its decisions, consistent with its 

obligations under EPCA. DOE received 

multiple comments from interested 

stakeholders in response to the May 

2020 ECS RFI, which prompted DOE to 

publish a test procedure and energy 

conservation notice RFI (referred to 

hereafter as the ‘‘May 2022 TP/ECS 

RFI’’) in the Federal Register on May 

25, 2022, to investigate additional 

aspects of the ACUAC and ACUHP test 

procedure and energy conservation 

standards. 87 FR 31743. 

On July 29, 2022, DOE published in 

the Federal Register a notice of intent 

to establish a working group for 

commercial unitary air conditioners and 

heat pumps to negotiate proposed test 

procedures and amended energy 

conservation standards for this 

equipment (‘‘July 2022 Notice of 

Intent’’). 87 FR 45703. The Appliance 

Standards and Rulemaking Federal 

Advisory Committee (‘‘ASRAC’’) 

established the ASRAC ACUAC/HP 

Working Group (hereinafter referred to 

as ‘‘the ACUAC/HP Working Group’’) in 

accordance with the Federal Advisory 

Committee Act (‘‘FACA’’) (5 U.S.C. App 

2) and the Negotiated Rulemaking Act 

(‘‘NRA’’) (5 U.S.C. 561–570, Pub. L. 

104–320). The purpose of the ACUAC/ 

HP Working Group was to discuss, and 

if possible, reach consensus on 

recommended amendments to the test 

procedures and energy conservation 

standards for ACUACs and ACUHPs. 

The ACUAC/HP Working Group 

consisted of 14 voting members, 

including DOE. (See appendix A, 

Working Group Members, Document 

No. 65 in Docket No. EERE–2022–BT– 

STD–0015) On December 15, 2022, the 

ACUAC/HP Working Group signed a 

term sheet (‘‘ACUAC/HP Working 

Group TP Term Sheet’’) of 

recommendations regarding ACUAC 

and ACUHP test procedures, including 

two new efficiency metrics: integrated 

ventilation, economizing, and cooling 

(‘‘IVEC’’) and integrated ventilation and 

heating efficiency (‘‘IVHE’’). (See Id.) 

The ACUAC/HP Working Group met 

five times to discuss energy 

conservation standards for ACUACs and 

ACUHPs. These meetings took place on 

February 22–23, March 21–22, April 12– 

13, April 26–27, and May 1, 2023. As a 

result of these efforts, the ACUAC/HP 

Working Group successfully reached 

consensus on recommended energy 

conservation standards in terms of the 

new IVEC and IVHE metrics for 

ACUACs and ACUHPs. On May 1, 2023, 

the ACUAC/HP Working Group signed 

a term sheet (‘‘ACUAC/HP Working 

Group ECS Term Sheet’’) outlining its 

recommendations regarding ACUAC 

and ACUHP standards in terms of the 

new efficiency metrics, IVEC and IVHE, 

which ASRAC approved on October 17, 

2023.6

DOE determined that the ACUAC/ 

ACUHP Working Group statement 

containing recommendations with 

respect to energy conservation standards 

for ACUACs and ACUHPs were in 

accordance with the statutory 

requirements of 42 U.S.C. 6295(p)(4)(A); 

42 U.S.C. 6316(b)(1) for the issuance of 

a direct final rule and published a direct 

final rule in the Federal Register on 

May 20, 2024 (‘‘May 2024 Direct Final 

Rule’’). 89 FR 44052, 44064–44065. DOE 

simultaneously published a final rule in 

the Federal Register amending the 

current test procedure, Appendix A, to 

incorporate by reference the most recent 

version of the industry test procedure, 

AHRI 340/360–2022, for ACUACs, 

ACUHPs, evaporatively-cooled 

commercial unitary air conditioners 

(‘‘ECUACs’’), and water-cooled 

commercial unitary air conditioners 

(‘‘WCAUCs’’) and establishing a new 

test procedure appendix A1 to subpart 

F of 10 CFR 431.96 (‘‘appendix A1’’) 

referencing a new industry test 

procedure, AHRI 1340–2023, for any 

standards denominated in terms of IVEC 

and IVHE. (‘‘May 2024 TP Final Rule’’). 

89 FR 43986 (May 20, 2024). 

Accordingly, DOE adopted the 

recommended efficiency levels for 

ACUACs and ACUHPs as the amended 

standard levels in the May 2024 Direct 

Final Rule. 89 FR 44052, 44135 (May 20, 

2024). 

The standards adopted in the May 

2024 Direct Final Rule apply to the 

equipment classes listed in table II.1 

and that are manufactured in, or 

imported into, the United States starting 

on January 1, 2029. The May 2024 

Direct Final Rule provides a detailed 

discussion of DOE’s analysis of the 

benefits and burdens of the amended 

standards pursuant to the criteria set 

forth in EPCA. Id. at 89 FR 44124– 

44134. 

TABLE II.1—ENERGY CONSERVATION STANDARDS FOR ACUACS AND ACUHPS

[Compliance Starting January 1, 2029] 

Cooling capacity Subcategory Supplementary heating type Minimum 

efficiency 

≥65,000 Btu/h and <135,000 Btu/h ............................... AC Electric Resistance Heating or No Heating ..................

All Other Types of Heating ............................................

IVEC = 14.3 

IVEC = 13.8 

HP All Types of Heating ...................................................... IVEC = 13.4 

IVHE = 6.2 

≥135,000 Btu/h and <240,000 Btu/h ............................. AC Electric Resistance Heating or No Heating ..................

All Other Types of Heating ............................................

IVEC = 13.8 

IVEC = 13.3 

HP All Types of Heating ...................................................... IVEC = 13.1 

IVHE = 6.0 

≥240,000 Btu/h and <760,000 Btu/h ............................. AC Electric Resistance Heating or No Heating ..................

All Other Types of Heating ............................................

IVEC = 12.9 

IVEC = 12.2 

HP All Types of Heating ...................................................... IVEC = 12.1 

IVHE = 5.8 

As required by EPCA, DOE also 

simultaneously published a NOPR 

proposing the identical standard levels 

contained in the May 2024 Direct Final 

Rule. 89 FR 43770 (May 20, 2024). DOE 

considered whether any adverse 


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7The parenthetical reference provides a reference 

for information located in the docket of DOE’s 

rulemaking to develop energy conservation 

standards for the subject ACUACs and ACUHPs. 

(Docket No. EERE–2022–BT–STD–0015, which is 

maintained at: www.regulations.gov). The 

references are arranged as follows: (commenter 

name, comment docket ID number at page of that 

document). 

comment received during the 110-day 

comment period following the 

publication of the May 2024 Direct Final 

Rule provided a reasonable basis for 

withdrawal of the direct final rule under 

the provisions in 42 U.S.C. 6295(p)(4)(C) 

and 42 U.S.C. 6316(b)(1). 

III. Comments on the Direct Final Rule 

As discussed in section I of this 

document, not later than 120 days after 

publication of a direct final rule, DOE 

shall withdraw the direct final rule if: 

(1) DOE receives one or more adverse 

public comments relating to the direct 

final rule or any alternative joint 

recommendation; and (2) based on the 

rulemaking record relating to the direct 

final rule, DOE determines that such 

adverse public comments or alternative 

joint recommendation may provide a 

reasonable basis for withdrawing the 

direct final rule. (42 U.S.C. 6316(b)(1); 

42 U.S.C. 6295(p)(4)(C)(i)) 

DOE received comments in response 

to the May 2024 Direct Final Rule from 

the interested parties listed in table III.1. 

TABLE III.1—LIST OF COMMENTERS WITH WRITTEN SUBMISSIONS IN RESPONSE TO THE MAY 2024 DIRECT FINAL RULE

Commenter(s) Abbreviation Comment No. 

in the docket Commenter type 

Julian Anderson ........................................................................................... Anderson ................... 102 .................... Individual. 

Anonymous .................................................................................................. Anonymous ............... 103 .................... Individual. 

Appliance Standards Awareness Project, the American Council for an 

Energy-Efficient Economy, and the Northwest Energy Efficiency Alliance.

ASAP, ACEEE, and 

NEEA.

106 .................... Efficiency Advocacy Organizations. 

Pacific Gas and Electric Company (PG&E), San Diego Gas and Electric 

(SDG&E), and Southern California Edison (SCE) (collectively referred 

to as the California Investor-Owned Utilities).

CA IOUs .................... 104 * and 105 .... Utilities. 

* The CA IOUs submitted a duplicate comment in response to the NOPR that accompanied the direct final rule. Therefore, both comment submissions are included in this table. 

A parenthetical reference at the end of 

a comment quotation or paraphrase 

provides the location of the item in the 

public record.7 The following sections 

discuss the substantive comments DOE 

received on the May 2024 Direct Final 

Rule, as well as DOE’s determination 

that the comments do not provide a 

reasonable basis for withdrawal of the 

direct final rule. 

A. General Comments 

ASAP, ACEEE, and NEEA and the CA 

IOUs supported the standards in the 

May 2024 Direct Final Rule, as they 

align with the levels prescribed in 

Recommendation #1 of the ACUAC/HP 

Working Group ECS Term Sheet. 

(ASAP, ACEEE, and NEEA, No. 106 at 

p. 1; CA IOUs, Nos. 104 and 105 at pp. 

1–2) The CA IOUs supported the 

effective date of January 1, 2029, for 

these standards. (CA IOUs, Nos. 104 and 

105 at p. 2) 

ASAP, ACEEE, and NEEA commented 

that the new efficiency metrics, IVEC 

and IVHE, would improve the 

representativeness of the efficiency 

ratings and better capture the total 

energy consumption of the cooling and 

heating seasons. (ASAP, ACEEE, and 

NEEA, No. 106 at p. 1) ASAP, ACEEE, 

and NEEA commented that the 

standards would reduce national energy 

consumption, cut carbon emissions, and 

provide net present value savings for 

consumers. (Id.) ASAP, ACEEE, and 

NEEA commented that small-capacity 

ACUACs have the largest market share 

and would use almost 23 percent less 

energy with the amended standards 

than ones just meeting the current 

standard. (Id.) ASAP, ACEEE, and NEEA 

further commented that the amended 

standards would provide large life-cycle 

cost savings for consumers, with short 

payback periods relative to the lifetime 

of ACUACs and ACUHPs. (Id. at p. 2) 

Anderson supported the May 2024 

Direct Final Rule, stating that it would 

be the next step towards greater energy 

efficiency and emissions reductions and 

that it would drive innovation to 

support economic savings and a more 

sustainable environment. (Anderson, 

No. 102 at p. 1) 

DOE agrees with these comments 

which are in accord with the amended 

standards set forth in the May 2024 

Direct Final Rule. 

An anonymous commenter stated that 

ASHRAE 241 standards or better must 

be adopted. (Anonymous, No. 103 at p. 

1) 

In response to the anonymous 

commenter, ASHRAE Standard 241, 

Control of Infectious Aerosols, 

(‘‘ASHRAE 241’’) addresses the design, 

installation, commissioning, and 

maintenance of HVAC systems to 

control the spread of infectious aerosols. 

As such, the provisions of ASHRAE 241 

are outside the scope of consideration 

for this rulemaking. Therefore, DOE has 

determined that the comment regarding 

adoption of ASHRAE 241 provided by 

this anonymous commenter does not 

provide a reasonable basis to withdraw 

the May 2024 Direct Final Rule. 

B. Certification 

The CA IOUs urged DOE to initiate a 

certification rulemaking at its earliest 

convenience such that Recommendation 

#2 of the ACUAC/HP Working Group 

ECS Term Sheet could be implemented 

allowing for certification of ACUACs 

and ACUHPs using the new metrics and 

reporting fields. (CA IOUs, No. 104 and 

105 at p. 2) The CA IOUs specifically 

requested that manufacturers publicly 

certify the crankcase heat wattage for 

each compressor stage, and the 5 °F 

heating capacity and COP, if applicable. 

(Id.) The CA IOUs commented that the 

early implementation of a certification 

rulemaking would clarify the 

certification requirements and process 

and facilitate early compliance for 

manufacturers before the amended 

standards’ effective date of January 1, 

2029. (Id.) 

In response, DOE acknowledges that 

certification data will be required for 

ACUACs and ACUHPs; however, DOE 

did not amend the existing or adopt new 

certification or reporting requirements 

for ACUACs and ACUHPs in the May 

2024 Direct Final Rule. 89 FR 44052, 

44132 (May 20, 2024). Instead, DOE may 

consider proposals to establish 

associated certification requirements 

and reporting for ACUACs and ACUHPs 

under a separate, future rulemaking 

regarding appliance and equipment 

certification. 


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IV. Impact of Any Lessening of 

Competition 

EPCA directs DOE to consider the 

impact of any lessening of competition, 

as determined in writing by the 

Attorney General of the United States 

(‘‘Attorney General’’), that is likely to 

result from a standard. (42 U.S.C. 

6316(b)(1); 42 U.S.C. 6295(p)(4)(A)(i); 42 

U.S.C. 6313(a)(6)(B)(ii)(V)) To assist the 

Attorney General in making this 

determination, DOE provided the 

Department of Justice (‘‘DOJ’’) with 

copies of the May 2024 Direct Final 

Rule, the corresponding NOPR, and the 

May 2024 DirectFinal Rule Technical 

Support Document for review. DOE has 

published DOJ’s comments at the end of 

this document in appendix A. 

In its letter responding to DOE, DOJ 

concluded that, based on its review, the 

proposed energy conservation standards 

in the Direct Final Rule are unlikely to 

have a significant adverse impact on 

competition. 

V. Conclusion 

In summary, based on the previous 

discussion, DOE has determined that 

the comments received in response to 

the direct final rule for amended energy 

conservation standards for the subject 

ACUACs and ACUHPs do not provide a 

reasonable basis for withdrawal of the 

direct final rule. As a result, the energy 

conservation standards set forth in the 

direct final rule became effective on 

September 17, 2024. Compliance with 

these standards is required on and after 

January 1, 2029. 

Signing Authority 

This document of the Department of 

Energy was signed on September 20, 

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 

23, 2024. 

Treena V. Garrett 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

Note: The following appendix will not 

appear in the Code of Federal Regulations. 

Appendix A 

BILLING CODE 6450–01–P 


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Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations 79379 


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July 22, 2024 

Ami Grace-Tardy 

U.S. Department of Justice 

Antitrust Division 

RFK Main Justice Building 

950 Pennsylvania Avenue, NW 

Washington, DC 20530-0001 

Assistant General Counsel for Legislation, Regulation and 

Energy Efficiency 

U.S. Department of Energy 

Washington, DC 20585 

Ami.Grace-Tardy@hq.doe.gov 

Re: Conservation Standards for Air-Cooled Commercial Package Air Conditioners and 

Heat Pumps 

DOE Docket No. EERE-2022-BT-STD-0015 

Dear Assistant General Counsel Grace-Tardy: 

I am responding to your May 22, 2024, letter seeking the views of the Attorney 

General about the potential impact on competition of proposed energy conservation 

standards for air-cooled commercial package air conditioners and heat pumps. 

Your request was submitted under Section 325(o)(2)(B)(i)(V) of the Energy 

Policy and Conservation Act, as amended (ECPA), 42 U.S.C. 6295(o)(2)(B)(i)(V), which 

requires the Attorney General to make a determination of the impact of any lessening of 

competition that is likely to result from the imposition of proposed energy conservation 

standards. The Attorney General's responsibility for responding to requests from other 
79380 Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations 

1 12 U.S.C. 1785(d)(1). 

[FR Doc. 2024–22081 Filed 9–27–24; 8:45 am] 

BILLING CODE 6450–01–C 

NATIONAL CREDIT UNION 

ADMINISTRATION 

12 CFR Parts 701, 741, 746, 748, and 

752 

[NCUA–2023–0023] 

RIN 3133–AF55 

Fair Hiring in Banking 

AGENCY: National Credit Union 

Administration (NCUA). 

ACTION: Final rule. 

SUMMARY: The NCUA Board (Board) is 

issuing this final rule to incorporate 

Interpretive Ruling and Policy 

Statement (IRPS) 19–1 and the Fair 

Hiring in Banking Act (FHBA) into its 

regulations. The Federal Credit Union 

Act (FCU Act) generally prohibits, 

except with the Board’s prior written 

consent, any person who has been 

convicted of or has a program entry for 

certain criminal offenses involving 

dishonesty or breach of trust from 

participating in the affairs of an insured 

credit union. The final rule will expand 

career opportunities for individuals to 

work and volunteer at insured credit 

unions. The Board also rescinds IRPS 

19–1. 

DATES: The final rule is effective 

October 30, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Ackmann, Senior Staff Attorney, 

Office of General Counsel, and Pamela 

Yu, Special Counsel to the General 

Counsel, Office of General Counsel, at 

the above address or by calling (703) 

518–6540. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 205(d) of the Federal Credit 

Union Act (Section 205(d)) 

Prior to December 23, 2022, section 

205(d)(1) of the Federal Credit Union 

Act (FCU Act) provided that, except 

with the prior written consent of the 

Board (the NCUA refers to applications 

for such consent as ‘‘consent 

applications’’), a person who has been 

convicted of any criminal offense 

involving dishonesty or breach of trust, 

or has agreed to enter into a pretrial 

diversion or similar program in 

connection with the prosecution for 

such offense (collectively, covered 

offenses), may not: 

• Become, or continue as, an 

institution-affiliated party (IAP) with 

respect to any insured credit union; or 

• Otherwise participate, directly or 

indirectly, in the conduct of the affairs 

of any insured credit union.1


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departments about the effect of a program on competition has been delegated to the 

Assistant Attorney General for the Antitrust Division in 28 CFR § 0.40(g). The Assistant 

Attorney General for the Antitrust Division has authorized me, as the Policy Director for 

the Antitrust Division, to provide the Antitrust Division's views regarding the potential 

impact on competition of proposed energy conservation standards on his behalf. 

In conducting its analysis, the Antitrust Division examines whether a proposed 

standard may lessen competition, for example, by substantially limiting consumer choice, 

by placing certain manufacturers at an unjustified competitive disadvantage, or by 

inducing avoidable inefficiencies in production or distribution of particular products. A 

lessening of competition could result in higher prices to manufacturers and consumers. 

We have reviewed the proposed standards contained in the Notice of Proposed 

Rulemaking (89 Fed. Reg. 43770, May 20, 2024), the Direct Final Rule (89 Fed. Reg. 

44052, May 20, 2024), and the related Technical Support Documents (TSD) that 

accompanied them. We have also reviewed the Docket and public comments filed in 

response to the related Request for Information. 

Based on this review, our conclusion is that the proposed energy conservation 

standards for air-cooled commercial package air conditions and heat pumps are unlikely 

to have a significant adverse impact on competition. 

Sincerely, 

/s/ 

David G .B. Lawrence 

Policy Director