81994 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 

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. 

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: 

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. 

For further information on how to 

review the docket contact the Appliance 

and Equipment Standards Program staff 

at (202) 287–1445 or by email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

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 AirCooled, 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 


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Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 81995 

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. 

2For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated Part A. 

3For editorial reasons, upon codification in the 

U.S. Code, Part C was redesignated Part A–1. 

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)). 

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-todate 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, 


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81996 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 

4AHAM comment nos. 9 and 19 are identical. 

Therefore, DOE only cites no. 19 in the discussion 

section of this final rule. 

5The 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). 

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 

Commenter(s) Reference in this 

final rule 

Comment No. 

in the docket Commenter type 

Air-Conditioning, Heating, & Refrigeration Institute ................. AHRI ....................... 18 Trade Association. 

American Lighting Association ................................................. ALA ......................... 7 Trade Association. 

Appliance Standards Awareness Program, Consumer Federation of America (‘‘CFA’’), National Consumer Law Center (‘‘NCLC’’), National Resource Defense Council 

(‘‘NRDC’’), and Northwest Energy Efficiency Alliance 

(‘‘NEEA’’).

ASAP et al .............. 14 Efficiency Advocacy Organizations. 

Association of Home Appliance Manufacturers ....................... AHAM ..................... 4 9, 16, 19 Trade Association. 

AHAM, ASAP, American Council for an Energy-Efficiency 

Economy, Alliance for Water Efficiency, CFA, Consumer 

Reports, Earthjustice, NCLC, NRDC, NEEA, and Pacific 

Gas and Electric Company (‘‘PG&E’’).

Joint Stakeholders .. 17 Trade Association and Efficiency Advocacy Organizations. 

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 San Diego Gas & 

Electric Company; collectively, the California InvestorOwned Utilities.

CA IOUs ................. 8 Utilities. 

Rheem Manufacturing Company .............................................. Rheem .................... 15 Manufacturer. 

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. 

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 


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Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 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 tDistribution 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 (‘‘CO2’’) 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. 


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81998 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 

(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 

requirements 

Amended certification reporting 

requirements Attribution Compliance required 

For CAC/HPs, no reporting requirement to indicate whether 

variable speed coil-only rating is 

based on non-communicating or 

communicating control system.

Add reporting requirement to 

§ 429.16(e)(2)(vi) to specify 

whether variable speed coilonly rating is based on noncommunicating or communicating control system.

Required to determine applicable 

test conditions specified in appendix M1 test procedure.

When certifying compliance in accordance with the next annual 

certification report filing date on/ 

after May 7, 2025. 

For CAC/HPs, no reporting requirement to indicate whether 

system varies blower speeds 

with outdoor air conditions.

Add reporting requirement to 

§ 429.16(e)(4)(iv) to specify 

whether system varies blower 

speeds with outdoor air conditions.

Required to determine applicable 

test conditions specified in appendix M1 test procedure.

When certifying compliance in accordance with the next annual 

certification report filing date on/ 

after May 7, 2025. 

For CAC/HPs, current sampling requirements state to use Student’s t-Distribution Values from 

‘‘Appendix D,’’ whereas appendix A to subpart B of part 429 

contains the applicable Student’s 

t-Distribution Values.

Correct § 429.16(b)(3)(i)(B), (ii)(B), 

and (iii)(A)(2) to specify that the 

Student’s t-Distribution Values 

in appendix A to subpart B of 

part 429 should be used.

Removes discrepancy from sampling provisions, improves clarity.N/A. 

For DWs, reporting requirements 

in § 429.19(b)(2) and (3) and list 

of materials incorporated by reference in § 429.4 specify ANSI/ 

AHAM DW–1–2010.

Remove referenced standard in 

§ 429.19(b)(2) and from the list 

of materials incorporated by reference in § 429.4.

Ensures consistency between reporting requirements and DW 

test procedures.

N/A. 

For DWs, reporting requirements 

do not include cycle selected for 

energy test.

Add reporting requirements for 

cycle selected for energy test at 

heavy, medium, and light soil 

loads, whether the cycles are 

soil-sensing, and the options 

selected for the energy test at 

these soil loads (when testing 

in accordance with appendix 

C2) to § 429.19(b)(3)(iv).

Required to ensure that information reported to DOE is consistent with the tested cycle requirements specified in appendix C2.On or before April 23, 2027, the 

compliance date of amended 

energy conservation standards 

based on appendix C2. 

For DWs, reporting requirements 

do not include cleaning index.

Add reporting requirement for average cleaning index of sensor 

heavy response, sensor medium response, and sensor light 

response test cycles (when 

testing in accordance with appendix C2) to § 429.19(b)(3)(v).

Required to ensure that the reported test cycle is a valid test 

cycle that meets the specified 

cleaning index threshold.

On or before April 23, 2027, the 

compliance date of amended 

energy conservation standards 

based on appendix C2. 

For DWs, reporting requirements 

do not reflect water re-use system DWs.

Add reporting requirements specific to water re-use system 

DWs to § 429.19(b)(3)(vii), including energy use and water 

use associated with drain out 

and clean out events.

Required to account for extra energy use and water use associated with water re-use systems.When certifying compliance in accordance with the next annual 

certification report filing date on/ 

after May 7, 2025. 

For DWs, reporting requirements 

do not reflect information needed for DWs with built-in reservoirs.

Add reporting requirements specific to DWs with built-in reservoirs to § 429.19(b)(3)(viii), including reservoir capacity, 

prewash and main wash fill 

water volume, and total water 

consumption.

Required to account for water 

consumption of DWs with builtin reservoirs, and therefore determine compliance with the 

current energy conservation 

standards.

When certifying compliance in accordance with the next annual 

certification report filing date on/ 

after May 7, 2025. 

For DWs, no rounding requirements are specified in § 429.19.Add rounding requirements to 

§ 429.19(c).

Improves representativeness, repeatability, and reproducibility.When certifying compliance in accordance with the next annual 

certification report filing date on/ 

after May 7, 2025. 

For RCWs, reporting requirements 

include outdated requirements 

associated with appendix J1.

Remove obsolete appendix J1 

RCW reporting requirements 

from § 429.20(b)(2)(i).

Appendix J1 has been removed 

from 10 CFR part 430.

N/A. 


khammond on DSKJM1Z7X2PROD with RULES2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 81999 

TABLE II.1—SUMMARY OF CHANGES TO CERTIFICATION REPORTING REQUIREMENTS RELATIVE TO CURRENT

CERTIFICATION REPORTING REQUIREMENTS—Continued 

Current DOE certification reporting 

requirements 

Amended certification reporting 

requirements Attribution Compliance required 

For RCWs, ‘‘capacity’’ is required 

to be reported.

Update existing requirement to 

specify ‘‘clothes container capacity’’ rather than ‘‘capacity’’ at 

§ 429.20(b)(2)(ii).

Consistency in terminology between existing test procedure 

and reporting requirements.

N/A. 

For RCWs, reporting requirements 

do not include test cloth lot used 

by manufacturer for testing and 

certifying.

Add reporting requirement to 

§ 429.20(b)(3) for test cloth lot 

number used during testing to 

determine other reported values.

Required to ensure that correct 

remaining moisture content calculation is used for enforcement 

testing per RCW enforcement 

provisions specified in 

§ 429.134(c).

When certifying compliance in accordance with the next annual 

certification report filing date on/ 

after May 7, 2025. 

For RCWs, no reporting requirements for RCWs tested in accordance with appendix J test 

procedure.

Add reporting requirements for 

energy efficiency ratio, water efficiency ratio, type of control 

system, remaining moisture 

content, clothes container capacity, and type of loading 

when certifying in accordance 

with appendix J to 

§ 429.20(b)(2)(i).

Required to ensure compliance 

with amendments to energy 

conservation standards.

On or before March 1 2028, the 

compliance date of amended 

energy conservation standards 

based on appendix J. 

For pool heaters, reporting requirement only includes thermal efficiency for gas-fired pool heaters.Add reporting requirement for integrated thermal efficiency for 

both gas-fired and electric pool 

heaters to § 429.24(b)(2)(i).

Required to determine compliance 

with the amended energy conservation standards.

On or before May 30, 2028, the 

compliance date of amended 

energy conservation standards. 

For electric pool heaters, no reporting requirement for active 

electrical power.

Add reporting requirement for active electrical power for electric 

pool heaters to § 429.24(b)(2)(ii).

Required to determine compliance 

with the amended energy conservation standards.

On or before May 30, 2028, the 

compliance date of amended 

energy conservation standards. 

For dehumidifiers, reporting requirements include outdated requirements associated with appendix X.Remove obsolete appendix X dehumidifier reporting requirements from § 429.36(b)(2)(i).Appendix X test procedure is no 

longer permitted for use to 

demonstrate compliance with 

energy conservation standards.

N/A. 

For EPSs, no reporting requirement for output cord specifications.Add reporting requirement for output cord effective wire gauge 

and length (or for EPSs shipped 

without an output cord, effective 

wire gauge and length for the 

manufacturer’s recommended 

output cord) to § 429.37(b)(i)– 

(iv).

Required to conduct amended appendix Z test procedure.When certifying compliance in accordance with the next annual 

certification report filing date on/ 

after May 7, 2025. 

For EPSs, no reporting requirements for output voltage.Add reporting requirements for 

output voltage to § 429.37(i) 

through (iv).

Required to determine compliance 

with currently applicable energy 

conservation standards.

When certifying compliance in accordance with the next annual 

certification report filing date on/ 

after May 7, 2025. 

For EPSs exempt from the energy 

conservation standards, only the 

number of units of exempt external power supplies sold during 

the most recent 12-calendarmonth period ending on July 31, 

importer or manufacturer name 

and address, and brand name 

must be reported.

Add requirement that the year for 

which the sales number being 

reported represents to 

§ 429.37(b)(3) and (c).

Improved clarity, consistency with 

other similar reporting requirements.

When certifying compliance in accordance with the next annual 

certification report filing date on/ 

after May 7, 2025. 

For battery chargers, reporting requirements only reflect metrics 

associated with battery chargers 

tested in accordance with appendix Y.

Add reporting requirements to 

§ 429.39(b)(5) and (6) for battery chargers tested in accordance with newly adopted appendix Y1, multi-metric approach.

Required to determine compliance 

with any future amended energy conservation standards for 

battery chargers.

On or before the compliance date 

of any future amended energy 

conservation standards based 

on appendix Y1. 

For CRACs, reporting requirements do not include provisions 

for certifying compliance with net 

sensible coefficient of performance standards.

Add reporting requirements specific to net sensible coefficient 

of performance to 

§ 429.43(b)(2)(ix)(B).

Required to determine compliance 

with the amended energy conservation standards.

May 7, 2025. 

For CRACs, reporting requirements do not include provisions 

for submitting a supplemental 

testing instructions file in PDF 

form.

Add supplemental testing instructions file requirements in PDF 

form for certification reports to 

§ 429.43(b)(4)(viii).

Required to ensure that testing 

conditions are met in the case 

of enforcement testing.

May 7, 2025. 


khammond on DSKJM1Z7X2PROD with RULES2
82000 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 

TABLE II.1—SUMMARY OF CHANGES TO CERTIFICATION REPORTING REQUIREMENTS RELATIVE TO CURRENT

CERTIFICATION REPORTING REQUIREMENTS—Continued 

Current DOE certification reporting 

requirements 

Amended certification reporting 

requirements Attribution Compliance required 

For CRACs, reporting requirements do not include indoor and 

outdoor unit individual model 

numbers.

Add reporting requirements for indoor and outdoor unit individual 

model numbers to 

§ 429.43(b)(6)(i).

Required to determine specific individual models distributed in 

commerce under each basic 

model.

May 7, 2025. 

For CRACs, current AEDM tolerances do not specify tolerances 

for NSenCOP verification tests.

Add tolerance of 5 percent to 

table 2 to § 429.70(c)(5)(vi)(B) 

for CRAC verification tests for 

NSenCOP.

Required for consistency with allowable AEDMs for other product types and metrics.May 7, 2025. 

For DX–DOASes, reporting requirements do not include provisions for certifying compliance 

with integrated seasonal moisture removal efficiency 2 and integrated seasonal coefficient of 

performance 2 standards.

Add reporting requirements for integrated seasonal moisture removal efficiency 2 and integrated seasonal coefficient of 

performance 2, as well as rated 

moisture removal capacity, 

rated supply airflow rate, and 

configuration of the basic model 

to § 429.43(b)(2)(xi)(A) through 

(C).

Required to determine compliance 

with the energy conservation 

standards.

May 7, 2025. 

For DX–DOASes, reporting requirements do not include reporting requirements for systems 

with ventilation energy recovery 

systems (‘‘VERS’’).

Add reporting requirements for 

systems with VERS to 

§ 429.43(b)(3)(iii).

Required to fully ensure that enforcement provisions specified 

at § 429.134(s) for DX–DOASes 

are met in the case of enforcement testing.

May 7, 2025. 

For DX–DOASes, reporting requirements do not include provisions for submitting a supplemental testing instructions file in 

PDF form.

Add supplemental testing instructions file requirements in PDF 

form for certification reports to 

§ 429.43(b)(4)(x).

Required to ensure that testing 

conditions are met in the case 

of enforcement testing.

May 7, 2025. 

For DX–DOASes, reporting requirements do not include indoor 

and outdoor unit individual 

model numbers.

Add reporting requirements for indoor and outdoor unit individual 

model numbers to 

§ 429.43(b)(6)(ii).

Required to determine specific individual models distributed in 

commerce under each basic 

model.

May 7, 2025. 

For three-phase less than 65,000 

Btu/h ACUACs and ACUHPs 

and three-phase less than 

65,000 Btu/h VRF, no reporting 

requirements for seasonal energy efficiency ratio 2 and heating seasonal performance factor 

2.

Add reporting requirements for 

seasonal energy efficiency ratio 

2 and heating seasonal performance factor 2 to 

§ 429.67(f)(2).

Required to determine compliance 

with energy conservation standards.

May 7, 2025. 

For three-phase less than 65,000 

Btu/h ACUACs and ACUHPs 

and three-phase less than 

65,000 Btu/h VRF, reporting requirements do not include indoor 

and outdoor unit individual 

model numbers.

Add reporting requirements for indoor and outdoor unit individual 

model numbers to 

§ 429.67(f)(4)).

Required to determine specific individual models distributed in 

commerce under each basic 

model.

May 7, 2025. 

For three-phase less than 65,000 

Btu/h ACUACs and ACUHPs 

and three-phase less than 

65,000 Btu/h VRF, reporting requirements do not include provisions for submitting a supplemental testing instructions file in 

PDF form for outdoor units with 

no match.

Add supplemental testing instructions file requirements in PDF 

form for certification reports for 

outdoor units with no match to 

§ 429.67(f)(3).

Required to ensure that testing 

conditions are met in the case 

of enforcement testing.

May 7, 2025. 

For three-phase less than 65,000 

Btu/h ACUACs three-phase less 

than 65,000 Btu/h VRF, current 

sampling requirements state to 

use the Student’s t-Distribution 

Values from ‘‘appendix D’’, 

whereas appendix A to subpart 

B of part 429 contains the applicable Student’s t-Distribution 

Values.

Correct § 429.67(c)(2)(ii)(A)(2) to 

specify that the Student’s t-Distribution Values in appendix A 

to subpart B of part 429 should 

be used.

Removes discrepancy from sampling provisions, improves clarity.N/A. 


khammond on DSKJM1Z7X2PROD with RULES2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 82001 

TABLE II.1—SUMMARY OF CHANGES TO CERTIFICATION REPORTING REQUIREMENTS RELATIVE TO CURRENT

CERTIFICATION REPORTING REQUIREMENTS—Continued 

Current DOE certification reporting 

requirements 

Amended certification reporting 

requirements Attribution Compliance required 

For CWHs, no reporting requirements for electric instantaneous 

water heaters.

Add reporting requirements for 

electric instantaneous water 

heaters to § 429.44(c)(2)(vi)– 

(vii).

Required to determine compliance 

with energy conservation standards.

May 7, 2025. 

For CWHs, no rated input reporting requirement for electric storage water heaters.Add rated input reporting requirement for electric storage water 

heaters to § 429.44(c)(2)(i).

Required to determine that models exceed the definitional requirement for electric storage 

water heaters.

When certifying compliance in accordance with the next annual 

certification report filing date on/ 

after May 7, 2025. 

For ACIMs, reporting requirements 

include ‘‘maximum energy use’’ 

and ‘‘maximum condenser water 

use’’.

Update reporting requirement terminology to specify ‘‘energy 

use’’ and ‘‘condenser water 

use’’ in § 429.45(b)(2).

Improved clarity and consistency 

with definitions.

When certifying compliance in accordance with the next annual 

certification report filing date on/ 

after May 7, 2025. 

For ACIMs, no rounding requirements for represented values 

specified in 10 CFR 429.45.

Add rounding requirements in 

§ 429.45(b)(3) that specify represented values determined in 

10 CFR 429.45 must be rounded consistent with the test procedure rounding instructions 

upon the compliance date of 

any amended standards.

Improves representativeness, repeatability, and reproducibility.When certifying compliance in accordance with the next annual 

certification report filing date on/ 

after May 7, 2025. 

For ACIMs, sampling provisions 

require use of the Student’s tDistribution Values for a 95-percent two-tailed confidence interval from appendix A to subpart 

B of part 429, whereas appendix 

A to subpart B of part 429 contains one-tailed Student’s t-Distribution Values.

Revise sampling provisions in 10 

CFR 429.45(a)(2) to correct this 

discrepancy and clarify that the 

Student’s t-Distribution Values 

for a 95-percent one-tailed confidence interval from appendix 

A to subpart B of part 429.

Removes discrepancy from sampling provisions, improves clarity.N/A. 

For walk-in refrigeration systems, 

no reporting requirement for 

whether the basic model meets 

the definition of a CO2 unit cooler.

Add reporting requirement for 

whether the basic model meets 

the definition of a CO2 unit 

cooler to § 429.53(b)(2)(iii)(G).

Required to ensure test conditions 

specified in the test procedure 

are met.

When certifying compliance in accordance with the next annual 

certification report filing date on/ 

after May 7, 2025. 

For walk-in refrigeration systems, 

the configuration reporting requirement does not include ‘‘detachable single-packaged dedicated system’’ or ‘‘attached split 

system’’.

Modify current configuration reporting requirement in 

§ 429.53(b)(2)(iii)(C) to include 

‘‘detachable single-packaged 

dedicated system’’ and ‘‘attached split system’’.

Required to ensure test conditions 

specified in the test procedure 

are met.

When certifying compliance in accordance with the next annual 

certification report filing date on/ 

after May 7, 2025. 

For walk-in dedicated condensing 

systems, no reporting requirement for head pressure controls.

Add reporting requirement in 

§ 429.53(b)(3)(ii) for whether 

the basic model has head pressure controls.

Required to ensure test conditions 

specified in the test procedure 

are met.

When certifying compliance in accordance with the next annual 

certification report filing date on/ 

after May 7, 2025. 

No supplemental testing instructions for walk-in refrigeration 

systems.

Add requirement in § 429.53(b)(4) 

for submission of supplement 

test information in PDF format, 

if necessary to run a valid test, 

at the time of certification.

Required to ensure test conditions 

specified in the test procedure 

are met.

When certifying compliance in accordance with the next annual 

certification report filing date on/ 

after May 7, 2025. 

For walk-in refrigeration systems, 

no reporting requirement for 

compressor break-in duration 

used to obtain certified rating.

Add optional reporting requirement to § 429.53(b)(3)(ii) for 

compressor break-in duration 

used to obtain certified rating, if 

applicable.

Improves representativeness, repeatability, and reproducibility.When certifying compliance in accordance with the next annual 

certification report filing date on/ 

after May 7, 2025. 

For walk-in doors with anti-sweat 

heater (ASH) controls, no reporting requirements for conditions 

at which the controls activate the 

ASH wire.

Add reporting requirements to 

§ 429.53(b)(2)(i)(H) for conditions (i.e., temperature, humidity, etc.) at which the controls 

activate the ASH wire.

Required to ensure applicable enforcement provisions are met in 

the case of enforcement testing.

When certifying compliance in accordance with the next annual 

certification report filing date on/ 

after May 7, 2025. 

For walk-in doors, no reporting requirement for thermal conduction 

load through the door.

Add reporting requirement for 

thermal conduction load 

through the door to 

§ 429.53(b)(3)(i)(B).

Required to calculate daily energy 

consumption.

When certifying compliance in accordance with the next annual 

certification report filing date on/ 

after May 7, 2025. 

For walk-in panels, date of manufacturer is not required on a 

panel’s nameplate or label.

Require panel manufacture date 

be added to the nameplate or 

label in § 431.305(a).

Aids enforcement evaluation, as 

necessary.

When certifying compliance in accordance with the next annual 

certification report filing date on/ 

after May 7, 2025. 

For commercial and industrial 

pumps, Pi

in is listed as Pini.

Amend all instances of Pini with 

Pi

in.

Standardize variables with those 

used in the test procedure.

N/A. 


khammond on DSKJM1Z7X2PROD with RULES2
82002 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 

TABLE II.1—SUMMARY OF CHANGES TO CERTIFICATION REPORTING REQUIREMENTS RELATIVE TO CURRENT

CERTIFICATION REPORTING REQUIREMENTS—Continued 

Current DOE certification reporting 

requirements 

Amended certification reporting 

requirements Attribution Compliance required 

For portable ACs, reporting requirement for duct configuration 

lists ‘‘ability to operate in both 

configurations’’ as an option.

Remove ‘‘ability to operate in both 

configurations’’ as an option in 

§ 429.62(b)(2) and add reporting requirement for whether 

model is distributed in commerce with multiple duct configuration options.

Improved clarity, consistency with 

instructions in appendix CC and 

10 CFR 429.62(a)(5).

May 7, 2025. 

For portable ACs, no reporting requirement for full-load seasonally adjusted cooling capacity for 

variable-speed models.

Add reporting requirements for 

whether the basic model is variable-speed, and if yes; the fullload seasonally adjusted cooling capacity to § 429.62(b)(3).

Required to determine compliance 

with the energy conservation 

standards.

May 7, 2025. 

For compressors, reporting requirements are included in 10 

CFR 429.63, but no annual filing 

date is specified in 10 CFR 

429.12.

Establish an annual filing date of 

September 1 at 10 CFR 

429.12(d), by which manufacturers would be required to submit required reporting information to DOE.

Required to ensure certification information is current on an annual basis, consistent with the 

requirements for other covered 

products and equipment.

September 1, 2025 (first occurrence of September 1st after 

compliance date of energy conservation standards in January 

2025). 

For DPPPMs, no reporting requirements outlined in 10 CFR 

429.65.

Add reporting requirements for 

DPPPMs to § 429.65(e).

Required to verify compliance with 

new energy conservation standards.

On or before September 29, 2025 

(for DPPPMs <0.5 THP, ≥1.15 

THP, 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 outlined in 10 CFR 

429.65.

Add rounding requirements for 

DPPPMs to § 429.65(f).

Improves representativeness, repeatability, and reproducibility.On or before September 29, 2025 

(for DPPPMs <0.5 THP, ≥1.15 

THP, 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 

specified in 10 CFR 429.12.

Establish an annual filing date of 

September 1 at 10 CFR 

429.12(d), by which manufacturers would be required to submit required reporting information to DOE.

Required to ensure certification information is current on an annual basis, consistent with the 

requirements for other covered 

products and equipment.

September 1, 2026, (first occurrence of September 1st after 

compliance date of energy conservation standards in September 2025). 

For air cleaners, no reporting requirements outlined in 10 CFR 

429.68.

Add reporting requirements for air 

cleaners to § 429.68(b).

Required to verify compliance with 

recently adopted energy conservation standards.

May 7, 2025. 

For air cleaners, no annual filing 

date specified in 10 CFR 429.12.

Establish an annual filing date of 

December 1 at 10 CFR 

429.12(d), by which manufacturers would be required to submit required reporting information to DOE.

Required to ensure certification information is current on an annual basis, consistent with the 

requirements for other covered 

products and equipment.

December 1, 2026, (first occurrence of December 1st after required reporting on May 7, 

2025. 

For air cleaners, 10 CFR 

429.68(a)(2)(ii) includes a typographical error and states ‘‘equal 

to the high’’.

Correct 10 CFR 429.68(a)(2)(ii) to 

specify ‘‘equal to the lower’’.

Corrects typographical error, improves clarity.N/A. 

For SPVUs, reporting requirements 

do not include provisions for certifying compliance with integrated energy efficiency ratio 

standards.

Add reporting requirements for 

certifying compliance with integrated energy efficiency ratio 

standards to 10 CFR 

429.43(b)(2)(v)(B) and (vi)(B).

Required to determine compliance 

with the energy conservation 

standards.

On or before the compliance date 

of any amended SPVU energy 

conservation standards. 


khammond on DSKJM1Z7X2PROD with RULES2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 82003 

TABLE II.1—SUMMARY OF CHANGES TO CERTIFICATION REPORTING REQUIREMENTS RELATIVE TO CURRENT

CERTIFICATION REPORTING REQUIREMENTS—Continued 

Current DOE certification reporting 

requirements 

Amended certification reporting 

requirements Attribution Compliance required 

For SPVUs with cooling capacities 

less than 65,000 Btu/h, reporting 

requirements do not include 

whether the unit is weatherized 

or non-weatherized, and if nonweatherized, the airflow rate of 

outdoor ventilation air which is 

drawn in and conditioned.

Add reporting requirements to 10 

CFR 429.43(b)(2)(v)(B) and 

(vi)(B) for 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 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.

Required to determine whether 

non-weatherized SPVUs with 

cooling capacities less than 

65,000 Btu/h have met the definitional requirements for airflow 

rate of outdoor ventilation air 

which is drawn in and conditioned.

On or before the compliance date 

of any amended SPVU energy 

conservation standards. 

For SPVUs, existing supplemental 

testing instruction requirements 

do not reflect updated integrated 

energy efficiency ratio test procedure.

Add supplemental testing instruction file content requirements 

for when certifying compliance 

with an integrated energy efficiency ratio standard to 10 CFR 

429.43(b)(4)(vi)(B) and (vii)(B).

Required to ensure test conditions 

specified in the test procedure 

are met.

On or before the compliance date 

of any amended SPVU energy 

conservation standards. 

For CFLKs, reporting requirements 

inadvertently omit CFLKs distributed with consumer-replaceable 

SSL.

Amend reporting requirements in 

10 CFR 429.33(b)(2)(ii)(A) and 

(b)(3)(ii)(B) to include CFLKs 

distributed with consumer-replaceable SSL.

Required to determine compliance 

with the energy conservation 

standards.

N/A. 

For GSLs, certifying compliance to 

the 45 lm/W backstop requirement is not required per DOE 

guidance.

Specify certifying compliance to 

the GSL backstop requirement.

Required to show compliance with 

the energy conservation standards.

May 7, 2025. 

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 


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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 


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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, threephase 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 


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82006 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 

6Certified 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*. 

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 upto-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. 

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 


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7The docket for this petition is available at 

www.regulations.gov/docket/EERE-2023-BT-TP0006/document. 

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) 

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 


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82008 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 

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 singlepackage 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/Wh, 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 variablespeed compressor system having a coilonly 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 noncommunicating coil-only central air 

conditioner or heat pump’’ as a variablespeed compressor system having a coilonly 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 variablespeed 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 noncommunicating 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 noncommunicating 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 noncommunicating coil-only.’’ (ASAP et al., 

No. 14 at p. 4) 

In response to the comment by ASAP 

et al., DOE notes that ‘‘noncommunication control’’ and 

‘‘communicating control’’ are defined 

within the definitions of ‘‘variablespeed 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 noncommunicating or communicating 

control system.’’ 


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Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 82009 

8Appendix D now contains the sampling plan for 

enforcement testing of Uninterruptible Power 

Supplies. 

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 noncommunicating 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 multiplespeed 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 tDistribution 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. 

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 


khammond on DSKJM1Z7X2PROD with RULES2
82010 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 

9American National Standards Institute/ 

Association of Home Appliance Manufacturers 

DW–1–2010: Household Electric Dishwasher. 

10Household Electric Dishwashers. ANSI/AHAM 

DW–1–2010. ANSI approved Sept. 18, 2010. 

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 coilonly rating is based on a noncommunicating 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 (‘‘° 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). 

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. 

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 


khammond on DSKJM1Z7X2PROD with RULES2
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 82011 

11Uniform Test Method for Measuring the Energy 

Consumption of Dishwashers. AHAM DW–1–2020. 

12Household Electric Dishwashers. AHAM DW– 

2–2020. 

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. 

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 energyintensive 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 energyintensive 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 


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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 energyintensive 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 


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13All materials regarding the Whirlpool waiver 

are available in docket EERE–2013–BT–WAV–0042 

at www.regulations.gov. 

14All materials regarding the Whirlpool waiver 

are available in docket EERE–2013–BT–WAV–0042 

at www.regulations.gov. 

15All materials regarding the CNA waiver are 

available in docket EERE–2020–BT–WAV–0024 at 

www.regulations.gov. 

65629, 65629–65630. (Case No. DW– 

11).13

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 reuse 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). 

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

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 


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82014 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 

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 °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 


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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, semiautomatic 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 


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82016 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 

16EER 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’’). 

17WER 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’’). 

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. 

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. 

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 reestablished a separate product class and 

separate performance-based energy 

conservation standards for semiautomatic 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 semiautomatic 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. 

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 frontloading), 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 frontloading) 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 


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20EER 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. 

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. 

22 ‘‘Active electrical power’’ means the maximum 

electrical power consumption in active mode for an 

electric pool heater. 

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. 

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 nonpotable 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. 

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 gasfired 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 (‘‘TEI’’) 

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 TEI. 88 FR 34624, 34625. In the 

May 2023 Pool Heaters Final Rule, DOE 

stated that it would consider 

requirements for reporting and 

certifying TEI 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 

TEI in a separate rulemaking. Id. 

In the pool heaters energy 

conservation standards NOPR 

rulemaking (‘‘April 2022 Pool Heaters 


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82018 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 

NOPR’’), DOE addressed comments 

from AHRI regarding the level of 

precision required for representations of 

TEI. 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 TEI 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 TEI (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 TEI 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 TEI 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 TEI 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 TEI

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 TEI standards is mandatory, 

therefore, DOE was maintaining the 

requirement for certifying TE of gasfired pool heaters for products that must 

comply with TE standards. 88 FR 67458, 

67470–67471. DOE stated that reporting 

of TEI 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 ±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 


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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 

(‘‘TEI’’), 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 TEI, 

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 TEI 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 TEI value used by 

DOE to determine compliance could 

consistently be different from the 

minimum TEI value that would 

correspond to the product’s 

certification—in other words, there 

would be greater uncertainty regarding 

which minimum TEI 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 TEI 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 TEI 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 TEI 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 gasfired 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 aircirculating 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 


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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 noload 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 lowestand 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. 


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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 noload 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 lowestand 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. 


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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 (Pm), standby mode power 

(Psb), off mode power (Poff), battery 

discharge energy (Ebatt), 24-hour energy 

consumption (E24), duration of the 

charge and maintenance mode test (tcd), 

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 multimetric 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 Ea

and no-battery mode power Pnb. 88 FR 

67458, 67473. Additionally, DOE 

proposed to include active charge 

energy Ea (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 Ea (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 publicfacing 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 


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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, 

Pm, 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 OpenPlacement 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 openplacement wireless chargers, only the 

no-battery mode power, Pnb, would need 

to be reported. 88 FR 67458, 67473. DOE 

requested comment on its proposed 

reporting requirements for openplacement battery chargers tested under 

appendix Y1. Id. 

DOE did not receive any comments on 

the proposal to further specify the 

reporting requirements for openplacement 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 amperehours, and the nameplate battery energy 

capacity of the test battery in watthours; and (2) the represented values for 

the Pm, Psb, Poff, Ebatt, E24, tcd, 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 E24

values, manufacturers would report the 

active charge energy (Ea) and no-battery 

mode power, Pnb. 88 FR 67458, 67474. 

In the September 2023 CCE NOPR, 

DOE additionally noted for fixedlocation 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 Pm, Pnb, Psb, 

Poff, Ebatt, Ea, and duration of the charge 

and tcd; 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 Pnb, 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 airconditioning 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 


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82024 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 

23Energy Standard for Sites and Buildings Except 

Low-Rise Residential Buildings, ASHRAE Standard 

90.1–2022. 

Btu/h, net cooling capacity in Btu/h, 

configuration (upflow/downflow), 

economizer presence (or lack thereof), 

condenser medium (air, water, or glycolcooled), 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 equipmentspecific 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, ceilingmounted 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 roofmounted 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 roofmounted and wall-mounted CRAC 

configurations in terms of the NSenCOP 

metric, there are currently no NSenCOP 

standards for roof-mounted or wallmounted CRACs. As such, the 

certification reporting requirements and 

the product certification template do not 

include the roof-mounted or wallmounted CRAC configurations. Should 

standards in terms of NSenCOP be 

adopted for roof-mounted or wallmounted 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 singlepackage; the configuration (e.g., 

downflow, upflow ducted, upflow nonducted, horizontal flow, ceilingmounted ducted, ceiling-mounted nonducted); 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). 

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. 


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


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82026 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 

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. 

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). 

26Certification and compliance with both the 

applicable ISCOP2 and ISMRE2 standards are 

required for the air-source heat pump and watersource heat pump DX–DOAS equipment classes. 

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 °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. 

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. 

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 

(QSA 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. 

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 lowGWP 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 


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Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 82027 

27AHRI 920 (I–P) and 921 (SI): Performance 

Rating of Direct Expansion-Dedicated Outdoor Air 

System Units. 

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. 

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 productspecific 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 airsource 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 


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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 threephase, less than 65,000 Btu/h VRF are 

both categories of small commercial 

package air conditioning and heating 

equipment. Commercial package airconditioning 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 threephase, 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 threephase, 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 threephase, 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 threephase, 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. 


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28 2023 Standard for Performance Rating of 

Unitary Air-conditioning & Air-source Heat Pump 

Equipment (‘‘AHRI 210/240–2023’’) 

(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: 

Equipment type Basic model number 

Individual model number(s) 

1 2 3 

Single-Package (including 

Space-Constrained).

Number unique to the basic 

model.

Package ......... N/A ......................................... N/A. 

Single-Split System (including 

Space-Constrained and 

SDHV).

Number unique to the basic 

model.

Outdoor Unit .. Indoor Unit ............................. If applicable—Air Mover 

(could be same as indoor 

unit if fan is part of indoor 

unit model number). 

Multi-Split, Multi-Circuit, and 

Multi-Head Mini-Split System (including Space-Constrained and SDHV).

Number unique to the basic 

model.

Outdoor Unit .. When certifying a basic model 

based on tested combination(s): * * *.

If applicable—When certifying 

a basic model based on 

tested combination(s): 

* * *. 

When certifying an individual 

combination: Each indoor 

units paired with the outdoor unit.

When certifying an individual 

combination: Each air movers paired with the outdoor 

unit. 

Outdoor Unit with No Match .. Number unique to the basic 

model.

Outdoor Unit .. N/A ......................................... N/A. 

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 Airconditioning & 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. 

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 


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appendix containing Student’s tDistribution 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 threephase, 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 threephase, 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 residentialduty 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 temperaturecontrolled 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 weightbased test or the calculation-based 

method for commercial electric 


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instantaneous water heaters of all 

storage volumes (except for residentialduty 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 temperaturecontrolled 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 temperaturecontrolled 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 


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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 ‘‘§ 429.44(c)(3)(iv)–(vii)’’ 

and that the second reference should be 

‘‘§ 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 

‘‘§ 429.44(c)(3)(iv)–(vii),’’ which Rheem 

suggested should be changed to 

‘‘§ 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 gasfired 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 gasfired 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 


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29The annual certification report filings for 

commercial water heating equipment are due on 

May 1. See 10 CFR 429.12. 

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. 

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 kilowatthours 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 


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more, with the R-value as defined in 

§ 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 temperaturecontrolled 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 


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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 icemaking 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 


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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., lowcapacity 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 nonefficiency 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 °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 


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30HTPG 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). 31CO2 refrigeration systems are transcritical 

because the high-temperature refrigerant that is 

cooled by ambient air is in a supercritical state, 

above the 87.8 °F critical point temperature, above 

which the refrigerant cannot exist as separate vapor 

and liquid phases. 

32The annual certification report filings for walkins are due no later than August 1. See 10 CFR 

429.12, Table 1 to paragraph (d). 

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-inspecific 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 demandbased 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 lowtemperature single-packaged dedicated 

systems and matched pairs), lowtemperature unit coolers, and mediumtemperature 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. CO2 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 CO2 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 CO2 booster system. 

Specifically, the waiver test procedures 

require that CO2 unit cooler testing is 

conducted at a liquid inlet saturation 

temperature of 38 °F and a liquid inlet 

subcooling temperature of 5 °F. 

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 ‘‘CO2 unit 

cooler’’ as ‘‘a unit cooler that includes 

a nameplate listing only CO2 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 

CO2 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 CO2 unit 

cooler. Id. 

DOE did not receive any comments on 

its proposal to require reporting of 

whether a basic model meets the 

definition of a CO2 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 CO2

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 singlepackaged 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 singlepackaged 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 


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33Note 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 nonpublic reporting requirements. 

34Note 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 nonpublic reporting requirements. 

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 singlepackaged 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 singlepackaged 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 singlepackaged 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. 

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 breakin period specified in product 

certifications for testing conducted by 

DOE, and the use of the 20 hours breakin 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. 

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. 


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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 thirdparty 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 reachin doors, EPCA prescribes specific ASHrelated 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 antisweat 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 antisweat 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 electricityconsuming 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 walkin 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 electricityconsuming 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. 


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82040 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 

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, fieldconnected, 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 nonhyphenated 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 nondisplay 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. 


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Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 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-inspecific 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 CO2 unit cooler, 

whether a basic model meets the 

definition of a detachable singlepackaged 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 walkin 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 Walkins TP Final Rule, DOE added test 

provisions for CO2 unit coolers. 88 FR 

28780, 28809. To easily determine 

which walk-in units these test 

provisions apply to, DOE defined CO2

unit coolers as ‘‘unit coolers that 

include a nameplate listing only CO2 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 CO2 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 CO2

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 

CO2 as a refrigerant include the 

statement ‘‘Only CO2 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. 


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82042 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 

35AHRI’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 motorcompressor,’’ published October 2021. 

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). 

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). 

In response, AHRI commented that it 

opposed DOE’s proposal to require CO2

unit coolers be labeled with the 

statement ‘‘Only CO2 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) 

Given that CO2 unit coolers are 

already required to include refrigerant 

information on the equipment label (as 

specified in the UL safety standard and 

the CO2 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 CO2 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 walkin 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. 

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. 

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: 

• For section III: the pump 

configuration; the constant load pump 

energy index (‘‘PEICL’’); 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). 

• For section IV or section V: all the 

above in addition to whether the PEICL

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). 

• For section VI or section VII: pump 

configuration; variable load pump 

energy index (‘‘PEIVL’’) instead of PEICL; 

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 PEIVL 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 

PERCL (for constant load pumps) or 

pump efficiency at BEP in percent and 

PERVL (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, 

PERCL, and PERVL—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 


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Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 82043 

38On 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) 

report annual filing date required for 

commercial and industrial pumps 

following the publication of this final 

rule. Id. 

Pump efficiency at BEP, PERCL, and 

PERVL are required for calculating PEICL

or PEIVL. In the September 2023 CCE 

NOPR, DOE noted that some 

manufacturers are already reporting 

pump efficiency at BEP, PERCL, and/or 

PERVL, 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, PEICL, and PEIVL, 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; partload 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 ‘‘PERCL (for constant load 

pumps)’’ or ‘‘PERVL (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) 

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 PERCL and PERVL

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 

PERCL and PERVL 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 Pini.

(ASAP et al., No. 14 at p. 5) 

In response to ASAP et al., DOE is 

replacing P ini with Pi

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 PERCL and 

PERVL 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 


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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, PERCL, and PERVL. 

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, dualduct, 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 dualduct. 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 dualduct 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 dualduct 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., singleduct, dual-duct, or ability to operate in 

both configurations); (4) presence of 

heating function; and (5) primary 

condensate removal feature (i.e., autoevaporation, 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 dualduct) 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 singleduct 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 (‘‘SACCFull’’), 

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 SACCFull, 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 ‘‘SACCFull.’’ ASAP et al. also noted 

that the current portable AC test 

procedure specifies that variable-speed 

units calculate SACCFull_SD and 

SACCFull_DD 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 

SACCFull variable, and notes that this is 

the current approach in 10 CFR 

429.62(a)(2) and (3). 

Regarding further clarification of 

SACCFull, DOE notes that the reporting 

requirements in 10 CFR 429.62(b)(2) 

already require identifying the duct 

configuration (i.e., single-duct or dualduct), so DOE does not expect there to 

be confusion as to which SACCFull must 

be reported (i.e., SACCFull_SD or 

SACCFull_DD, for single-duct and dualduct, respectively). Furthermore, 10 

CFR 429.62(b)(2) already introduces the 


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term ‘‘SACCFull’’ and refers to the DOE 

test procedure where both SACCFull_SD

and SACCFull_DD 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 

SACCFull 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 


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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 °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 fullload 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 °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 °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 drybulb temperature is expressed in 10 CFR 


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39Section 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 PM2.5 via 

reference to the industry standard AHAM AC–7– 

2022, which defines it as particulate matter that are 

nominally 2.5 micrometers (‘‘mm’’) in width or 

smaller. 

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 PM2.5 40 CADR 

divided by the annual energy 

consumption divided by the annual 

active mode hours. 88 FR 21752, 27153– 

21754. PM2.5 CADR is calculated as the 

geometric mean of smoke CADR and 

dust CADR. 88 FR 21752, 21762. 

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 PM2.5

CADR in cfm; annual energy 

consumption in kWh/yr; and IEF in 

PM2.5 CADR per watt. Id. DOE proposed 

reporting requirements for smoke CADR 

and dust CADR because these values are 

used to determine PM2.5 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. 


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41Energy Test Method for Consumer Room Air 

Cleaners. AHAM AC–7–2022. 

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 PM2.5

CADR for air cleaner certification 

because smoke CADR and dust CADR 

are used to calculate PM2.5 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 PM2.5 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 PM2.5 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) 

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 


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42Method for Measuring Performance of Portable 

Household Electric Room Air Cleaners. 

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) 

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 singlephase 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 


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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 nonweatherized, 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 breakin 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 singlephase 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; 


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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. 


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82052 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 

43See https://www.energy.gov/sites/default/files/ 

2022-04/GSL_EnforcementPolicy_4_25_22.pdf. 44See https://www1.eere.energy.gov/buildings/ 

appliance_standards/pdfs/GSL_Cert_Guidance_

Final.pdf. 

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 ‘‘nonconsumer-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-consumerreplaceable SSL’’ and did not include 

‘‘consumer replaceable SSL,’’ the 

replacement term for ‘‘other SSL 

products.’’ 88 FR 21061, 21072. Hence, 

CFLKs packaged with consumerreplaceable 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 nonconsumer-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 nonintegrated 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 


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

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 


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82054 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 

45Supporting 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. 

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 


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Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 82055 

46The business size standards are listed by 

NAICS code and industry description and are 

available at www.sba.gov/document/support-tablesize-standards (last Accessed July 29th, 2021). 

47Supporting 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. 

48The business size standards are listed by 

NAICS code and industry description and are 

available at www.sba.gov/document/support-tablesize-standards (last accessed March 7, 2023). 

49MAEDbS can be accessed at https://

www.energy.ca.gov/programs-and-topics/programs/ 

appliance-efficiency-program-outreach-andeducation/modernized (last accessed July 15, 2021). 

50ENERGY 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). 

51Certified 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). 

52Supporting 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. 

53Supporting 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. 

54The small business’s annual revenue estimate 

is taken from D&B Hoovers (app.avention.com). 

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. 

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. 

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. 

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. 

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 


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55Association of Home Appliance Manufacturers. 

‘‘Find a Certified Room Air Cleaner.’’ Available at 

ahamverifide.org/directory-of-air-cleaners/ (last 

accessed Jan. 24, 2022). 

56Available at data.energystar.gov/ActiveSpecifications/ENERGY-STAR-Certified-Room-AirCleaners/jmck-i55n/data (last accessed May 31, 

2022). 

57The California Air Resources Board. ‘‘List of 

CARB-Certified Air Cleaning Devices.’’ Available at 

ww2.arb.ca.gov/list-carb-certified-air-cleaningdevices (last accessed May 31, 2022). 

58S&P Global. Panjiva Market Intelligence is 

available at panjiva.com/import-export/UnitedStates (last accessed May 5, 2022). 

59The Dun & Bradstreet Hoovers login is available 

at app.dnbhoovers.com. 

60Supporting 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. 

61The 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. 

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. 

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, threephase, 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. 

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, threephase, 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 


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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 expansiondedicated outdoor air systems will 

require new certification reporting for 

direct expansion-dedicated outdoor air 

systems. DOE estimates there are 12 

manufacturers of direct expansiondedicated 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 dedicatedpurpose 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 


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82058 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 

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-generalcounsel. 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 


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Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 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%20

Updated%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 

■ 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. 

§ 429.4 [Amended] 

■ 2. Amend § 429.4 by removing 

paragraph (b)(1) and redesignating 

paragraphs (b)(2) and (3) as paragraphs 

(b)(1) and (2), respectively. 

■ 3. Amend § 429.12 by revising 

paragraphs (b)(12) and (13), (d), and (i) 

to read as follows: 

§ 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, 


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82060 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 

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 §§ 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) 

Product category Deadline for 

data submission 

Portable air conditioners ............................................................................................................................................................. February 1. 

Fluorescent lamp ballasts; Compact 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.

March 1. 

Water heaters; Consumer furnaces; Pool heaters; Commercial water heating equipment; Commercial packaged boilers; 

Commercial warm air furnaces; Commercial unit heaters; and Furnace fans.

May 1. 

Dishwashers; Commercial pre-rinse spray valves; Illuminated exit signs; Traffic signal modules and pedestrian modules; 

and Distribution transformers.

June 1. 

Room air conditioners; Central air 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.

July 1. 

Consumer refrigerators, refrigerator-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.

August 1. 

Torchieres; Dehumidifiers; Metal halide lamp ballasts and fixtures; External power supplies; Pumps; Dedicated-purpose 

pool pump motors; Compressors; and Battery chargers.

September 1. 

Residential clothes washers; Residential clothes dryers; Direct heating equipment; Cooking products; and Commercial 

clothes washers.

October 1. 

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. 

■ 4. Amend § 429.16 by: 

■ a. Revising paragraphs (b)(3)(i)(B), 

(b)(3)(ii)(B), (b)(3)(iii)(A)(2), and 

(e)(2)(v); 

■ b. Adding paragraph (e)(2)(vi); and 

■ c. Revising paragraph (e)(4)(iv). 

The revisions and addition read as 

follows: 

§ 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: 

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: 

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: 

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) * * * 


khammond on DSKJM1Z7X2PROD with RULES2ER09OC24.000</GPH> ER09OC24.001</GPH> ER09OC24.002</GPH>

s 

UCL = x + t.90(-;rn_) 

s 

LCL = x - t.90(J;_) 

s 

LCL = x - t.90(7n) 
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 82061 

(iv) For blower coil systems, the 

airflow-control settings associated with 

full load cooling operation; the airflowcontrol 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; 

* * * * * 

■ 5. Amend § 429.19 by revising 

paragraphs (b)(2) and (3) and adding 

paragraph (c) to read as follows: 

§ 429.19 Dishwashers. 

* * * * * 

(b) * * * 

(2) Pursuant to § 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 § 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 (°F); 

(iii) The cycle selected for the energy 

test and whether that cycle is soilsensing 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 manufacturerstated 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. 

■ 6. Amend § 429.20 by revising 

paragraphs (b) and (c) to read as follows: 

§ 429.20 Residential clothes washers. 

* * * * * 

(b) Certification reports. (1) The 

requirements of § 429.12 are applicable 

to residential clothes washers; and 

(2) Pursuant to § 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 semiautomatic), and the type of loading (toploading 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. 

■ 7. Amend § 429.24 by: 

■ a. Revising paragraph (a)(2) 

introductory text; 

■ b. Adding paragraphs (a)(3) and (4); 

■ c. Revising paragraph (b)(2); and 

■ d. Adding paragraph (c). 

The revisions and additions read as 

follows: 

§ 429.24 Pool heaters. 

(a) * * * 

(2) For each basic model of pool 

heater, randomly select and test a 


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82062 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 

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 § 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 

§ 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 

§ 430.32(k)(2) of this chapter), as 

applicable. 

(ii) For electric pool heaters (when 

certifying compliance with the energy 

conservation standards specified at 

§ 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. 

■ 8. Amend § 429.33 by revising 

paragraphs (b)(2)(ii)(A) and (b)(3)(ii)(B) 

to read as follows. 

§ 429.33 Ceiling fan light kits. 

* * * * * 

(b) * * * 

(2) * * * 

(ii) * * * 

(A) For each basic model of lamp, 

each basic model of consumerreplaceable 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 consumerreplaceable 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 

§ 430.25 of this chapter; and 

* * * * * 

§ 429.36 [Amended] 

■ 9. Amend § 429.36 by: 

■ a. Removing paragraph (b)(2)(i); 

■ b. Redesignating paragraph (b)(2)(ii) as 

(b)(2)(i); and 

■ c. Adding a reserved paragraph 

(b)(2)(ii). 

■ 10. Amend § 429.37 by revising 

paragraphs (b)(2) and (3) and (c) to read 

as follows: 

§ 429.37 External power supplies. 

* * * * * 

(b) * * * 

(2) Pursuant to § 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 lowestvoltage 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 activemode 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 § 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 


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basic model or the output current in 

amperes (A) of the highest- and lowestvoltage models within the external 

power supply design family. 

(3) Pursuant to § 429.12(b)(13), a 

certification report for external power 

supplies that are exempt from the 

energy conservation standards at 

§ 430.32(w)(1)(ii) of this chapter 

pursuant to § 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 § 430.32(w)(2) of 

this chapter and are not required to be 

certified pursuant to § 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 § 429.12(h). 

■ 11. Amend § 429.39 by: 

■ a. Revising paragraphs (a)(1), (a)(2)(ii) 

introductory text, and (a)(2)(iii) 

introductory text; 

■ b. Adding paragraphs (a)(2)(v) and 

(vi); 

■ c. Revising paragraphs (b)(2) and (3); 

and 

■ d. Adding paragraphs (b)(5) and (6). 

The revisions and additions read as 

follows: 

§ 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 (Ebatt) in watt hours (Wh), 24- 

hour energy consumption (E24) in watt 

hours (Wh), maintenance mode power 

(Pm) in watts (W), standby mode power 

(Psb) in watts (W), off mode power (Poff) 

in watts (W), and duration of the charge 

and maintenance mode test (tcd) 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 (Ebatt) in watt hours 

(Wh), active charge energy (Ea) in watt 

hours (Wh), maintenance mode power 

(Pm) in watts (W), no-battery mode 

power (Pnb) in watts (W), standby mode 

power (Psb) in watts (W), off mode 

power (Poff) in watts (W), and duration 

of the charge and maintenance mode 

test (tcd) 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 (Pnb) in watts (W); 

(iv) For UPSs: average load adjusted 

efficiency (Effavg). 

(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 

(Pm), standby power (Psb), off mode 

power (Poff), battery discharge energy 

(Ebatt), 24-hour energy consumption 

(E24), and duration of the charge and 

maintenance mode test (tcd)), 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 Ea

for all wired and fixed-location wireless 

chargers (or the represented value of Pnb

for all open-placement wireless 

chargers) is greater than or equal to the 

higher of: 

(A) The mean of the sample, where: 

and, x ̄ is the sample mean; n is the number 

of samples; and xi is the Ea (or Pnb, 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: 

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 tDistribution Values for a 97.5-percent onetailed 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 (Pm), no-battery mode 

power (Pnb), standby power (Psb), off 

mode power (Poff), battery discharge 

energy (Ebatt), and duration of the charge 

and maintenance mode test (tcd)), where 

the represented value of the metric is: 

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 § 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 (Pm), standby 

mode power (Psb), off mode power (Poff), 

battery discharge energy (Ebatt), 24-hour 

energy consumption (E24), duration of 

the charge and maintenance mode test 

(tcd), and unit energy consumption 

(UEC). 

(3) Pursuant to § 429.12(b)(13), when 

tested under appendix Y to subpart B of 


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82064 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 

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 § 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 (Pm), nobattery mode power (Pnb), standby mode 

power (Psb), off mode power (Poff), 

battery discharge energy (Ebatt), 24-hour 

energy consumption (E24), active charge 

energy (Ea), and duration of the charge 

and maintenance mode test (tcd). 

(6) Pursuant to § 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 

(Pnb). 

■ 12. Amend § 429.43 by: 

■ a. Revising the section heading and 

paragraphs (b)(2)(v), (vi), and (ix); 

■ b. Adding paragraphs (b)(2)(xi) and 

(b)(3)(iii); 

■ c. Revising paragraphs (b)(4)(vi) 

through (viii); and 

■ d. Adding paragraphs (b)(4)(x) and 

(b)(6). 

The revisions and additions read as 

follows: 

§ 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 

§ 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 

§ 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, ceilingmounted non-ducted), fluid economizer 

presence (yes or no), condenser heat 

rejection medium (air, water, or glycolcooled), 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 (QSA 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 airconditioners: 

(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 


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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 variablespeed 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 variablespeed components (e.g., compressors, 

VFDs); a statement whether the model 

will operate at test conditions without 

manufacturer programming; outdoor airside 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 variablespeed 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 variablespeed components (e.g., compressors, 

VFDs); a statement whether the model 

will operate at test conditions without 

manufacturer programming; outdoor airside 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 breakin 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 watercooled 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 airsource 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 § 429.12(b)(6) must 

consist of the following: 

(i) For computer room airconditioners: 


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TABLE 8 TO PARAGRAPH (b)(6)(i) 

Single-package or split system? Basic model No. 

Individual model No(s). 

1 2 

Single-Package ..................................................... Number unique to the basic model ...................... Package ................ N/A. 

Split System .......................................................... Number unique to the basic model ...................... Indoor Unit ............ Outdoor Unit. 

(ii) For direct-expansion dedicated 

outdoor air systems: 

TABLE 9 TO PARAGRAPH (b)(6)(ii) 

Equipment configuration Basic model No. 

Individual model No(s). 

1 2 

Single-Package ..................................................... Number unique to the basic model ...................... Package ................ N/A. 

Split System .......................................................... Number unique to the basic model ...................... Outdoor Unit ......... Indoor Unit. 

* * * * * 

■ 13. Amend § 429.44 by revising 

paragraph (c)(2) to read as follows: 

§ 429.44 Commercial water heating 

equipment. 

* * * * * 

(c) * * * 

(2) Pursuant to § 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 

§ 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 

§ 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 storagetype 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 § 431.106 of this chapter or the 

calculation-based method in accordance 

with § 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 weightbased test in accordance with § 431.106 

of this chapter or the calculation-based 

method in accordance with § 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 § 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 § 431.106 of this chapter or the 

calculation-based method in accordance 

with § 429.72; whether the water heater 


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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 § 431.106 of this chapter or the 

calculation-based method in accordance 

with § 429.72. 

(viii) Commercial unfired hot water 

storage tanks: The thermal insulation 

(i.e., R-value) and stored volume in 

gallons (gal). 

* * * * * 

■ 14. Amend § 429.45 by revising 

paragraphs (a)(2)(ii) and (b)(2) and 

adding paragraph (b)(3) to read as 

follows: 

§ 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: 

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 tDistribution Values for a 95 percent onetailed confidence interval with n-1 degrees of 

freedom (from appendix A to this subpart). 

* * * * * 

(b) * * * 

(2) Pursuant to § 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. 

■ 15. Amend § 429.53 by revising 

paragraph (b) to read as follows: 

§ 429.53 Walk-in coolers and walk-in 

freezers. 

* * * * * 

(b) Certification reports. (1) The 

requirements of § 429.12 apply to 

manufacturers of walk-in cooler and 

walk-in freezer panels, doors, and 

refrigeration systems, and; 

(2) Pursuant to § 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., doublepane 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 CO2 unit 

cooler. 

(3) Pursuant to § 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 demandbased 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 § 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. 

■ 16. Amend § 429.59 by revising 

paragraphs (b)(2)(i) through (iii) to read 

as follows. 

§ 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: PEICL; 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 (Pi

in), 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 


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of appendix A to subpart Y of part 431 

of this chapter: PEICL; 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 (Pi

in), corrected to nominal 

speed, in horsepower (hp); full impeller 

diameter in inches (in.); whether the 

PEICL 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: PEIVL; 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 (Pi

in), 

corrected to nominal speed, in 

horsepower (hp); full impeller diameter 

in inches (in.); whether the PEIVL is 

calculated or tested; and for RSV and ST 

pumps, the number of stages tested. 

* * * * * 

■ 17. Amend § 429.62 by revising 

paragraphs (a)(5) and (b)(2) and adding 

paragraph (b)(3) to read as follows: 

§ 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 § 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 § 429.12(b)(13), a 

certification report shall include the 

following additional public productspecific information: whether the basic 

model is variable-speed (yes or no), and 

if yes; the full-load seasonally adjusted 

cooling capacity (SACC_Full), in British 

thermal units per hour (Btu/h). 

■ 18. Amend § 429.65 by adding 

paragraphs (e) and (f) to read as follows: 

§ 429.65 Dedicated-purpose pool pump 

motors. 

* * * * * 

(e) Certification reports for dedicated 

purpose pool pump motors. (1) The 

requirements of § 429.12 apply to 

dedicated-purpose pool pump motors. 

(2) Pursuant to § 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 fullload 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 § 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 °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. 

■ 19. Amend § 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: 

§ 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: 

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 § 429.12(b)(13), for 

each individual model (for singlepackage systems) or individual 

combination (for split-systems, 

including outdoor units with no match 

and ‘‘tested combinations’’ for multisplit, 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 aircooled 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 Watthour (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). 


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(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 Watthour (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 § 429.12(b)(6) must 

consist of the following: 

TABLE 2 TO PARAGRAPH (f)(4) 

Equipment type Basic model number 

Individual model number(s) 

1 2 3 

Single-Package (including SpaceConstrained).Number unique to the 

basic model.

Package .... N/A ...................................... N/A. 

Single-Split System (including 

Space-Constrained and SDHV).

Number unique to the 

basic model.

Outdoor 

Unit.

Indoor Unit ........................... If applicable—Air Mover (could be 

same as indoor unit if fan is part 

of indoor unit model number). 

Multi-Split, Multi-Circuit, and MultiHead Mini-Split System (including 

Space-Constrained and SDHV).

Number unique to the 

basic model.

Outdoor 

Unit.

When certifying a basic 

model based on tested 

combination(s): * * *.

When certifying an individual combination: Each 

indoor units paired with 

the outdoor unit.

If applicable—When certifying a 

basic model based on tested 

combination(s): * * *. 

When certifying an individual combination: Each air movers paired 

with the outdoor unit. 

Outdoor Unit with No Match ............ Number unique to the 

basic model.

Outdoor 

Unit.

N/A ...................................... N/A. 

■ 20. Amend § 429.68 by revising 

paragraph (a)(2)(ii) introductory text and 

adding paragraph (b) to read as follows: 

§ 429.68 Air cleaners. 

(a) * * * 

(2) * * * 

(ii) Any represented value of the 

integrated energy factor or other 

measure of energy consumption of a 


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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 § 429.12 are applicable 

to air cleaners; and 

(2) Pursuant to § 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) PM2.5 CADR in cfm; 

(iv) Annual energy consumption in 

kilowatt hours per year (kWh/yr); 

(v) Integrated energy factor in PM2.5

CADR per watt; and 

(vi) Effective room size in square feet. 

■ 21. Amend § 429.70 by revising table 

2 to paragraph (c)(5)(vi)(B) to read as 

follows: 

§ 429.70 Alternative methods for 

determining energy efficiency and energy 

use. 

* * * * * 

(c) * * * 

(5) * * * 

(vi) * * * 

(B) * * * 

TABLE 2 TO PARAGRAPH (c)(5)(vi)(B) 

Equipment Metric Applicable 

tolerance 

Commercial Packaged Boilers .................................................... Combustion Efficiency ...............................................................

Thermal Efficiency .....................................................................

5% (0.05) 

5% (0.05) 

Commercial Water Heaters or Hot Water Supply Boilers .......... Thermal Efficiency .....................................................................

Standby Loss .............................................................................

5% (0.05) 

10% (0.1) 

Unfired Storage Tanks ................................................................ R-Value ...................................................................................... 10% (0.1) 

Air-Cooled, Split and Packaged ACs and HPs Greater Than or 

Equal to 65,000 Btu/h Cooling Capacity and Less Than 

760,000 Btu/h Cooling Capacity.

Energy Efficiency Ratio ..............................................................

Energy Efficiency Ratio 2 ..........................................................

Coefficient of Performance ........................................................

Coefficient of Performance 2 .....................................................

Integrated Energy Efficiency Ratio ............................................

Integrated Ventilation, Economizing, and Cooling .....................

Integrated Ventilation and Heating Efficiency ............................

5% (0.05) 

5% (0.05) 

5% (0.05) 

5% (0.05) 

10% (0.1) 

10% (0.1) 

10% (0.1) 

Water-Cooled, Split and Packaged ACs and HPs, All Cooling 

Capacities.

Energy Efficiency Ratio ..............................................................

Energy Efficiency Ratio 2 ..........................................................

Integrated Energy Efficiency Ratio ............................................

Integrated Ventilation, Economizing, and Cooling .....................

5% (0.05) 

5% (0.05) 

10% (0.1) 

10% (0.1) 

Evaporatively-Cooled, Split and Packaged ACs and HPs, All 

Capacities.

Energy Efficiency Ratio ..............................................................

Energy Efficiency Ratio 2 ..........................................................

Integrated Energy Efficiency Ratio ............................................

Integrated Ventilation, Economizing, and Cooling .....................

5% (0.05) 

5% (0.05) 

10% (0.1) 

10% (0.1) 

Water-Source HPs, All Capacities .............................................. Energy Efficiency Ratio .............................................................. 5% (0.05) 

Coefficient of Performance ........................................................ 5% (0.05) 

Integrated Energy Efficiency Ratio ............................................ 10% (0.1) 

Single Package Vertical ACs and HPs ....................................... Energy Efficiency Ratio ..............................................................

Coefficient of Performance ........................................................

Integrated Energy Efficiency Ratio ............................................

5% (0.05) 

5% (0.05) 

10% (0.1) 

Packaged Terminal ACs and HPs .............................................. Energy Efficiency Ratio .............................................................. 5% (0.05) 

Coefficient of Performance ........................................................ 5% (0.05) 

Variable Refrigerant Flow ACs and HPs (Excluding Air-Cooled, 

Three-phase with Less Than 65,000 Btu/h Cooling Capacity).

Energy Efficiency Ratio ..............................................................

Coefficient of Performance ........................................................

Integrated Energy Efficiency Ratio ............................................

5% (0.05) 

5% (0.05) 

10% (0.1) 

Computer Room Air Conditioners ............................................... Sensible Coefficient of Performance ......................................... 5% (0.05) 

Net Sensible Coefficient of Performance .................................. 5% (0.05) 

Direct Expansion-Dedicated Outdoor Air Systems ..................... Integrated Seasonal Coefficient of Performance 2 ...................

Integrated Seasonal Moisture Removal Efficiency 2 .................

10% (0.1) 

10% (0.1) 

Commercial Warm-Air Furnaces ................................................ Thermal Efficiency ..................................................................... 5% (0.05) 

Commercial Refrigeration Equipment ......................................... Daily Energy Consumption ........................................................ 5% (0.05) 

* * * * * 

■ 22. Amend § 429.72 by revising 

paragraph (e) to read as follows: 

§ 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 computeraided 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 

§ 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 § 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. 

* * * * * 

■ 23. Amend § 429.134 by adding 

paragraph (q)(5) to read as follows: 

§ 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 


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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 

■ 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. 

■ 25. Amend § 431.2 by revising the 

definition of ‘‘Covered equipment’’ to 

read as follows: 

§ 431.2 Definitions. 

* * * * * 

Covered equipment means any 

commercial heating, ventilating, and air 

conditioning, and water heating product 

(HVAC & WH product), as defined in 

§ 431.2; electric motor, as defined in 

§ 431.12; commercial refrigerator, 

freezer, or refrigerator-freezer, as 

defined in § 431.62; automatic 

commercial ice maker, as defined in 

§ 431.132; commercial clothes washer, 

as defined in § 431.152; fan or blower, 

as defined in § 431.172; distribution 

transformer, as defined in § 431.192; 

illuminated exit sign, as defined in 

§ 431.202; traffic signal module or 

pedestrian module, as defined in 

§ 431.222; unit heater, as defined in 

§ 431.242; commercial prerinse spray 

valve, as defined in § 431.262; mercury 

vapor lamp ballast, as defined in 

§ 431.282; refrigerated bottled or canned 

beverage vending machine, as defined 

in § 431.292; walk-in cooler and walk-in 

freezer, as defined in § 431.302; metal 

halide ballast and metal halide lamp 

fixture, as defined in § 431.322; 

compressor, as defined in § 431.342; 

small electric motor, as defined in 

§ 431.442; pump, as defined in 

§ 431.462; and dedicated purpose pool 

pump motor, as defined in § 431.483. 

* * * * * 

■ 26. Amend § 431.305 by revising 

paragraphs (a)(1) and (b)(1) to read as 

follows: 

§ 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 

§ 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 § 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 


khammond on DSKJM1Z7X2PROD with RULES2