Tuesday,

July 25, 2006

Department of

Energy

Office of Energy Efficiency and

Renewable Energy

10 CFR Parts 430 and 431

Energy Conservation Program: Test

Procedures for Consumer Products and

Certain Commercial and Industrial

Equipment; Certification, Compliance and

Enforcement Requirements for Consumer

Products and for Certain Commercial and

Industrial Equipment; Technical

Amendment; Proposed Rule

EERE-2006-DET-0136 COMMENT 01.3
42178 Federal Register /Vol. 71, No. 142/Tuesday, July 25, 2006/Proposed Rules

DEPARTMENT OF ENERGY

Office of Energy Efficiency and

Renewable Energy

10 CFR Parts 430 and 431

[Docket No. EE-RM/TP-05-500]

RIN 1904-AB53

Energy Conservation Program: Test

Procedures for Consumer Products

and Certain Commercial and Industrial

Equipment; Certification , Compliance,

and Enforcement Requirements for

Consumer Products and for Certain

Commercial and Industrial Equipment;

Technical Amendment to Energy

Conservation Standards for Certain

Consumer Products and Commercial

and Industrial Equipment

AGENCY: Office of Energy Efficiency and

Renewable Energy, Department of

Energy.

ACTION: Notice of'proposed rulemaking

and public meeting.

SUMMARY: The Energy Policy Act of 2005

(EPACT 2005) includes amendments to

the Energy Policy and Conservation Act

(EPCA) to provide for new Federal

energy efficiency and water

conservation test procedures, and

related definitions, for certain consumer

products and certain commercial and

industrial equipment. The amendments

direct the Department of Energy (DOE or

the Department) to establish new test

procedures for many of these products

and certain equipment, in most cases

based on applicable testing practices

generally accepted by industry and

other government agencies. Today. DOE

proposes test procedures for eleven

types of products for which EPACT

2005 identified specific test procedures.

In addition. DOE proposes test

procedures for three other products for

which EPACT 2005 did not specify

specific test procedures. Furthermore,

the Department is proposing to adopt a

new version of the current test

procedure for small commercial package

air-conditioning and heating equipment,

which will not change the existing

requirements.

The Department is also proposing

regulations for sampling during

compliance testing, compliance

certification, and enforcement to ensure

compliance with EPACT's energy

conservation standards. Today's

proposed rule also includes compliance

certification. and enforcement

provisions that would also apply to

commercial heating. ventilating, and air

conditioning products, as well as

commercial water heating products. The

Department is also announcing a public

meeting to discuss all of the above

referenced proposals.

Furthermore. the Department is

announcing proposed technical

corrections to the October 18. 2005

Final Rule, 70 FR 60407, which the

Department has described in detail in

today's proposed rule and will add to

the rule language.

DATES: The Department will hold a

public meeting on Tuesday, September

26, 2006, from 9 a.m. to 5 p.m., in

Washington, DC. The Department must

receive requests to speak at the meeting

before 4 p.m., Thursday, September 14,

2006. The Department must receive a

signed original and an electronic copy

of statements to be given at the public

meeting before 4 p.m.. Tuesday,

September 19, 2006.

The Department will accept

comments, data, and information

regarding the notice of proposed

rulemaking (proposed rule) no later than

October 10, 2006. See section VII,

"Public Participation," of this proposed

rule for details.

ADDRESSES : You may submit comments,

identified by docket number EE-RM/

TP-05-500 and/or Regulatory

Information Number (RIN) 1904-AB53,

by any of the following methods:

• Federal eRulemaking Portal: http://

w'ivu%regu]ations.gov. Follow the

instructions for submitting comments.

• E-mail: testprocedures_

EPACT2005Cee.doe.gov. Include EERM/TP-05-500 and/or RIN 1904-AB53

in the subject line of the message.

• Postal Mail: Ms. Brenda EdwardsJones, U.S. Department of Energy,

Building Technologies Program,

Mailstop EE-2J, Energy Conservation

Test Procedures for Consumer Products

and Commercial Equipment. EE-RM/

TP-05-500 and/or RIN 1904-AB53.

1000 Independence Avenue. SW..

Washington, DC 20585-0121.

Telephone: (202) 586-2945. Please

submit one signed paper original.

• Hand Delivery/Courier: Ms. Brenda

Edwards-Jones. U.S. Department of

Energy, Building Technologies Program,

Room IJ-018. 1000 Independence

Avenue. SW.. Washington, DC 20585-

0121.

Instructions: All submissions must

include the agency name and docket

number or RIN for this rulemaking. For

detailed instructions on submitting

comments and additional information

on the rulemaking process. see section

Vil. "Public Participation," of this

proposed rule for details.

Docket: For access to the docket to

read background documents or

comments received, go to the U.S.

Department of Energy, Forrestal

Building, Room 1J-018 (Resource Room

of the Building Technologies Program),

1000 Independence Avenue, SW.,

Washington, DC, between 9 a.m. and 4

p.m., Monday through Friday, except

Federal holidays. Please call Ms. Brenda

Edwards-Jones at (202) 586-2945 for

additional information regarding

visiting the Resource Room. Please note:

The Department's Freedom of

Information Reading Room (formerly

Room 1E-190 at the Forrestal Building)

is no longer housing rulemaking

materials.

FOR FURTHER INFORMATION CONTACT:

James Raba, U.S. Department of Energy,

Office of Energy Efficiency and

Renewable Energy, Building

Technologies Program, EE-2J, 1000

Independence Avenue, SW.,

Washington, DC 20585-0121, (202) 586-

8654. E-mail: jim.raba@ee.doe.gov.

Francine Pinto, U.S. Department of

Energy, Office of General Counsel, GC72, 1000 Independence Avenue, SW.,

Washington, DC 20585, (202) 586-9507.

E-mail: Fran cine.Pinto1hhq.doe.gov.

SUPPLEMENTARY INFORMATION:

1. Background

11. Summary of Today's Action

111. Discussion-Energy Conservation Test

Procedures for Consumer Products and

Commercial and Industrial Equipment

A. Ceiling Fans and Ceiling Fan Light Kits

1. Ceiling Fans

2. Ceiling Fan Light Kits

B. Dehumidifiers

C. Medium Base Compact Fluorescent

Lamps

D. Torchieres

E. Unit Heaters

F. Automatic Commercial Ice Makers

G. Commercial Prerinse Spray Valves

H. Illuminated Exit Signs

1. Traffic Signal Modules and Pedestrian

Modules

J. Refrigerated Bottled or Canned Beverage

Vending Machines

K. Commercial Package Air-Conditioning

and Heating Equipment

L. Commercial Refrigerators. Freezers, and

Refrigerator-Freezers

M. Battery Chargers and External Power

Supplies

1. Battery Chargers

2. External Power Supplies

1V'. Discussion-Compliance and

Enforcement

A. Sampling, Manufacturer Certification.

and Enforcement-General

B. Sampling Plans for Compliance and

Enforcement Testing

C. Manufacturer Certification for

Distribution Transformers

D. General Requirements for Consumer

Products and Commercial and Industrial

Equipment

V. Corrections to the Recent Technical

Amendment to DOE's Energy

Conservation Standards

VI. Procedural Requirements

EERE-2006-DET-0136 COMMENT 01.3
Federal Register /Vol. 71, No. 142/Tuesday, July 25, 2006/Proposed Rules

A. Review Under Executive Order 12866,

"Regulatory Planning and Review"

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.

"Federalism"

F. Review Under Executive Order 12988.

"Civil Justice Reform"

G. Review Under the Unfunded Mandates

Relurm Act of 1995

H. Review Under the Treasury and General

Government Appropriations Act of 1999

1. Review Under Executive Order 12630.

"Governmental Actions and Interference

with Constitutionally Protected Property

Rights"

J. Review Under the Treasury and General

Government Appropriations Act of 2001

K. Review Under Executive Order 13211.

"Actions Concerning Regulations That

Significantly Affect Energy Supply.

Distribution, or Use"

L. Reviews' Under Section 32 of the Federal

Energy Administration (FEA) Act of 1974

VII. Public Participation

A. Attendance at Public Meeting

B. Procedure for Submitting Requests to

Speak

C. Conduct of Public Meeting

D. Submission of Comments

E. Issues on Which DOE Seeks Comment

VIII. Approval of the Office of the Secretary

1. Background

The Energy Policy Act of 2005

(EPACT 2005) (Pub. L. 109-58) was

enacted on August 8. 2005. Subtitle C of

Title I of EPACT 2005 includes

provisions that amend Part B of Title III

of the Energy Policy and Conservation

Act (EPCA) (42 U.S.C. 6291-6309),

which provides for an energy

conservation program for consumer

products other than automobiles, as

well as Part C of Title III of EPCA (42

U.S.C. 6311-6317), which provides for a

program, similar to the energy

conservation program for consumer

products in Part B, for certain

commercial and industrial equipment.

EPACT 2005 prescribes new or

amended energy conservation standards

and/or test procedures and directs DOE

to undertake rulemakings to promulgate

such requirements.

On October 18, 2005, DOE placed into

Title 10 of the Code of Federal

Regulations (CFR) the energy

42179

conservation standards and related

definitions that EPACT 2005 prescribed

(hereafter referred to as the October

2005 final rule). 70 FR 60407. DOE also

announced that it was not exercising the

discretionary authority provided in

EPACT 2005 for the Secretary of Energy

(the Secretary) to revise product or

equipment definitions and energy

conservation standards set forth in the

statute, but that it might exercise this

authority later.

By today's action, DOE is proposing

test procedures for measuring energy

efficiency and water-use efficiency and

related definitions, as well as test

sampling, compliance certification, and

enforcement requirements, for various

consumer products and commercial and

industrial equipment covered by EPACT

2005's amendments to EPCA. Table 1

identifies most of the products and

equipment these amendments cover,

and shows the ones for which DOE is

proposing to adopt test procedures, the

sections of EPACT 2005 and EPCA that

authorize and require these test

procedures, and the sections in the CFR

where DOE proposes to place them.

TABLE 1.-TEST PROCEDURES AND GENERAL REQUIREMENTS AUTHORITY AND PLACEMENT*

Product or equipment type EPACT 2005

Section EPCA section U.S.C. section

10 CFR

section

(proposed)

Ceiling fans ............................................. 135(b)(1) ................. 323(b)(16)(A)(i) ...... 42 U.S.C. 6293(b)(16)(A)(i) ................... 430.23(w)

Ceiling tan light kits ................................. 135(b)(1) ................. 323(b)(16)(A)(ii) ..... 42 U.S.C. 6293(b)(16)(A)(ii) ................... 430.23(x)

Dehumidifiers .......................................... 135(b)(1) ................. 323(b)(13) .............. 42 U.S.C. 6293(b)(13) ........................... 430.23(z)

Medium base compact fluorescent 135(b)(1) ................. 323(b)(12) .............. 42 U.S.C. 6293(b)(12) ........................... 430.23(y)

lamps

Battery chargers ...................................... 135(c)(4) ................. 325(u) .................... 42 U.S.C. 6295(u) .................................. 430.23(aa)

External power supplies .......................... . 135(c)(4) ................. 325(u) .................... 42 U.S.C. 6295(u) .................................. 430.23(bb)

Torchieres* .............................................. 135(c)(4) ................. 325(x) ..................... 42 U.S.C. 6295(x) .................................. 430.23(cc)

Unit heaters** ......................................... 135(c)(4) ................. 325(aa) .................. 42 U.S.C 6295(aa) ................................. Part 431,

Subpart N.

Automatic commercial ice makers .......... 136(f)(1) .................. 343(a)(7)(A) ........... 42 U.S.C. 6314(a)(7)(A) ......................... Part 431,

Commercial prerinse spray valves .......... 135(b)(1) ................. 323(b)(14) ............... 42 U.S.C. 6293(b)(14) ...........................

Subpart H.

Part 431,

i Subpart O.

Illuminated exit signs ............................... 135(b)(1) ................. 323(b)(9) ................. 42 U.S.C. 6293(b)(9) ............................. Part 431,

Subpart L.

Traffic signal modules and pedestrian 135(b)(1) ................. 323(b)(11) .............. 42 U.S.C. 6293(b)(11) ........................... Part 431,

modules.

Refrigerated bottled or canned beverage 135(b)(1) .................. 323(b)(15) ............... 42 U.S.C. 6293(b)(15) ...........................

Subpart M.

Part 431,

vending machines. Subpart Q.

Very large commercial package air con- 136(f)(1) .................. 343(a)(4) ................. 42 U.S.C. 6314(a)(4) ............................. Part 431,

ditioning and heating equipment. Subpart F.

Commercial refrigerators, freezers, and 136(f)(1) .................. 343(a)(6) ................. 42 U.S.C. 6314(a)(6) ............................. Part 431,

refrigerator-freezers. Subpart C.

Ice-cream freezers; commercial refri a

ef rig

136fO1O(B) 343a 6 OO(A )O ......... 42 U.S.C. 6314(a)(6)(A)(i) ..................... Part 431,

freezers, 9 r- Subpart C.

freezers with a self-contained condensing unit and without doors; and

commercial refrigerators, freezers, and

refrigerator-freezers with a remote

condensing unit.

* EPACT 2005 does not expressly authorize DOE to promulgate a test procedure for torchieres . However, the statute does expressly authorize

energy conservation standards for torchieres thereby implicitly authorizing to DOE to issue the relevant test procedure.

** The Department is proposing to adopt definitions and other general provisions for unit heaters.

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42180 Federal Register / Vol. 71, No. 142 / Tuesday. July 25, 2006 / Proposed Rules

II. Summary of Today's Action

Today's proposed rule implements

the portions of sections 135 and 136 of

EPACT 2005 that amend EPCA. These

sections direct the Department to

establish test procedures based on

specifications of the Federal ENERGY

STAR program or industry consensus

standards that the statute identifies.'

Each of these ENERGY STAR

specifications and industry standards.

however, contains not only energy test

procedures, but also provisions that are

irrelevant in determining the energy

use, water use, or efficiency of the

products to which they apply. The

Department is proposing to adopt only

those sections of the ENERGY STAR

specifications and industry consensus

standards that specify test procedures

relevant to the measurement of energy

efficiency or water consumption. The

Department proposes to incorporate

these sections by reference into its rules,

in some cases with clarifying changes or

additions that do not alter the substance

of the test procedure. The Department

would place the test procedures and

related definitions for consumer

products in 10 CFR part 430 ("Energy

Conservation Program for Consumer

Products"), and the test procedures and

definitions for commercial and

industrial equipment in 10 CFR Part 431

("Energy Efficiency Program for Certain

Commercial and Industrial

Equipment").

The Department is also proposing

sampling procedures for compliance

testing for each type of consumer

product and commercial and industrial

equipment covered by today's proposed

rule. The proposed rule also includes

compliance certification and

enforcement provisions that would

apply to most commercial and

industrial equipment other than electric

motors and some of the proposed

enforcement provisions would not

apply to distribution transformers.2

With a few exceptions. such as the

regimen for enforcement testing, today's

proposed requirements follow the same

approach as regulations under 10 CFR

part 430, although in some cases with

revised language to clarify the

requirements.

In addition, the Department recently

incorporated the energy conservation

standards prescribed by EPACT 2005

into 10 CFR parts 430 and 431, 70 FR

60407 (October 18, 2005), and has

identified several provisions of these

technical amendments that do not

accurately reflect the provisions of

EPACT 2005. A summary discussion of

these corrections and clarifications is

found in section V. As these changes

will merely serve to incorporate the

energy and water use standards set forth

in EPACT 2005 into DOE's rules, they

are not subject to comment. They will,

however. be included in the final rule.

III. Discussion-Energy Conservation

Test Procedures for Consumer Products

and Commercial and Industrial

Equipment

A. Ceiling Fans and Ceiling Fan Light

Kits

Section 135(c )(4) of EPACT 2005

60407. Test procedures under EPCA for

consumer products, however, must be

designed to "measure energy efficiency,

energy use, * * * or estimated annual

operating cost." 42 U.S.C. 6293(b)(3).

Moreover, test procedures are not

required for determining compliance

with design standards (42 U.S.C.

6295(s)). Generally, they are

unnecessary for assessing whether a

product complies with an applicable

design standard, and DOE believes they

are not needed to determine compliance

with EPCA's design standards for

ceiling fans. Therefore, today's proposed

test procedure for this product does not

address these design standards.

However, section 135(c)(4) of EPACT

2005 also adds subsection 323(ff)(6) to

SPCA, which specifically authorizes

DOE to prescribe energy efficiency or

energy use standards for the electricity

that ceiling fans use to circulate air in

a room. Today's proposed test

procedures provide a method for testing

for airflow efficiency and a method for

9 Section 135(b)fI) of EPACT 2005, for example.

directs that the test procedure for refrigerated

bottled or canned vending machines "shall be based

on American National Standards Institute,

American Society ofHeating. Refrigerating, and AirConditioning Engineers Standard 32.1-2004.

entitled 'Method of Testing for Rating Vending

Machines for Bottled. Canned or Other Sealed

Beverages'." (42 USC 6293(b)(15))

"Enforcement provisions for distribution

transformers are established in the test procedures

final rule for distribution transformers published on

April 27. 2006. 71 FR 24972. Certification and

enforcement for electric motors are in subpart B of

10 CFR part 431. -

includes an amendment to section 325 measuring the energy use and energy

of EPCA (42 U.S.C. 6295) to add efficiency as to the electricity consumed

subsection (v)(1), which requires test by ceiling fans.

procedures and energy conservation The ENERGY STAR Guidance

standards for ceiling fans and ceiling fan Manual, on which DOE must base

light kits. Sections 135(b)(1) and certain of its test procedures, provides

135(c)(4) of EPACT 2005 also contain definitions of terms, minimum

additional provisions as to lest requirements necessary for building a

procedures and standards, respectively, ceiling fan testing chamber, test

for ceiling fans and ceiling fan light kits. equipment tolerances, guidance for

Today's proposed rule addresses these equipment setup, requirements for test

products separately because the facility fan calibration to a standard

requirements for them differ. calibration fan, procedures for

1. Ceiling Fans. Section 325(v)(1) of performing product testing for airflow

EPCA (42 U.S.C. 6295(v)(1)) directs the and airflow efficiency, requirements for

Secretary to prescribe. by rule, test documentation and reporting test

procedures for ceiling fans. results, and provisions for challenge

Furthermore, section 135(b)(1) of testing. However, the Guidance Manual

EPACT 2005 amends section 323(b) of does not specifically describe how to

EPCA (42 U.S.C. 6293(b)) to add measure the power consumed during

subparagraph (16)(A)(i), which states the airflow test. This allows

that test procedures for ceiling fans manufacturers to use different methods

"shall be based on the "ENERGY STAR for measuring power consumed, and

Testing Facility Guidance Manual: could mean the test results would not be

Building a Testing Facility and comparable to one another. It could also

Performing the Solid State Test Method result in disputes as to the validity of

for ENERGY STAR Qualified Ceiling methods used to measure power

Fans, Version 1.1' published by the consumption and of test results.

Environmental Protection Agency" Consequently, to assure comparable and

(EPA). sound results, the Department proposes

The Department's adoption of test to include a method for power

procedures under these sections is measurement as part of the test

influenced, to a limited extent, by procedure. In addition, the Department

EPCA's new provisions as to standards believes that the Guidance Manual is

for ceiling fans. Section 135(c)(4) of too restrictive in requiring that specific

EPACT 2005 amends section 325 of proprietary sensors and sensor software

EPCA (42 U.S.C. 6295) to add be used for performing airflow

subsection (ff)(1)(A). which prescribes measurements. Thus, the Department is

design requirements for ceiling fans. proposing to allow test facilities to use

The Department incorporated these sensors and sensor software equivalent

requirements into 10 CFR part 430 in to the proprietary sensors and sensor

the October 2005 final rule. 70 FR software prescribed in the Guidance

EERE-2006-DET-0136 COMMENT 01.3
Federal Register /Vol. 71, No. 142 /Tuesday, July 25 , 2006 /Proposed Rules

Manual, provided that the testing

facility verifies the performance of the

equipment used.

The Department finds that the test

methods in the Guidance Manual, with

the modifications just described, satisfy

the instructions in section 135(b)(1) of

EPACT 2005 to test ceiling fans.

Therefore, DOE proposes to incorporate

the applicable ENERGY STAR test

procedure requirements, along with

additional requirements on power

measurement and the sensors and

sensor software used for performing the

airflow test, into Appendix U to Subpart

B of 10 CFR part 430. This test

procedure would also provide a

foundation for developing energy

conservation standards for airflow

efficiency for ceiling fans.

2. Ceiling Fan Light Kits. Section

135(c)(4) of EPACT 2005 amends

section 325 of EPCA (42 U.S.C. 6295) to

add subsection (v)(1), which directs the

Secretary to prescribe, by rule, test

procedures for ceiling fan light kits.

Additionally, section 135(b)(1) of

EPACT 2005 amends section 323(b) of

EPCA (42 U.S.C. 6293(b)) to add

subparagraph (16)(A)(ii), which states

that test procedures for ceiling fan light

kits "shall be based on" the test

methods "referenced in the ENERGY

STAR specifications for Residential

Light Fixtures [RLFs] and Compact

Fluorescent Light Bulbs [CFLs]," as in

effect on August 8, 2005. The relevant

ENERGY STAR specifications in effect

at that time were version 3.2 for RLFs,

which applies to ceiling fan light kits

with sockets for pin-based fluorescent

lamps, and version 3.0 for CFLs, which

applies to ceiling fan light kits with

sockets for screw base lamps. Version

3.2 for RLFs originally became effective

on September 19, 2003, and version 3.0

for CFLs originally became effective on

January 1, 2004.

Section 135(c)(4) of EPACT 2005

amends section 325 of EPCA (42 U.S.C.

6295) to prescribe standards for certain

ceiling fan light kits manufactured on or

after January 1, 2007. Specifically, new

subsection 325(ff)(2) of EPCA (42 U.S.C.

6295(ff)(2)) provides that ceiling fan

light kits with medium screw base

sockets must be packaged with screwbased lamps to fill all of the sockets, and

these lamps must either meet the

"ENERGY STAR Program Requirements

for Compact Fluorescent Lamps, version

3.0," or use light sources other than

CFLs that have at least equivalent

efficacy. And new subsection 325(ff)(3)

of EPCA (42 U.S.C. 6295(ff)(3)) requires

that ceiling fan light kits which have

pin-based sockets for fluorescent lamps

manufactured on. or after. January 1,

2007, must be packaged with lamps to

fill all of the sockets, and that these

lamps must meet the "ENERGY STAR

Program Requirements for Residential

Light Fixtures, version 4.0.'

For ceiling fan light kits with sockets

for screw-base lamps, DOE is proposing

to adopt as its test procedure the test

methods in version 3.0 of the ENERGY

STAR specifications for CFLs.

Obviously, this satisfies the requirement

that the test procedure be "based on"

version 3.0. Also, the Department

believes these test methods provide a

sound basis for determining the efficacy

of CFLs and compliance with the

standards, which therefore satisfies the

requirements of section 323(b)(3) of

EPCA. (42 U.S.C. 6393(b)(3))

With regard to ceiling fan light kits

with pin-based sockets for fluorescent

lamps, EPCA specified that DOE must

base its test procedure on version 3.2 of

the ENERGY STAR specifications for

RLFs, but that these lamps must meet

the standards in version 4.0 of these

specifications. (42 U.S.C.

6293(b)(16)(A)(i) and 6295(ff)(3)(A))

Most of the provisions, and the overall

approach, are the same in the test

methods contained in versions 3.2 and

4.0. Version 4.0, however, adds several

provisions that make the test procedure

more complete (e.g., a new electronic

ballast requirement that reduces the

number of permitted pin-based

configurations, and improves quality

and efficiency). Version 4.0 is based on

the test procedure in version 3.2, and

DOE believes it provides a sound basis

for determining compliance with the

standards, which therefore satisfies the

requirements of section 323(b)(3) of

EPCA (42 U.S.C. 6293(b)(3). For all of

these reasons, the Department proposes

to incorporate by reference the test

methods in the "ENERGY STAR

Program Requirements for Residential

Light Fixtures," version 4.0. to measure

the efficacy of pin-based fluorescent

lamps that are packaged with ceiling fan

light kits.

The Department notes that. where

version 4.0 of the RLF test procedure

refers to measurement of efficacy of

these lamps, it requires determination of

the system efficacy for the lamp/ballast

combination in lumens per watt (LP\WW),

as seen in Tables I and 2A of the test

procedure. Thus, the lamp must be

tested when it is plugged into a fixture

that contains the appropriate ballast. By

contrast, this is not a concern in testing

medium scre\s' base CFLs, because the

ballast for such lamp is built into the

lamp.

Finally. section 135(c)(4) of EPACT

2005 amends section 325 of EPCA (42

U.S.C. 6295) by adding new subsection

(ff)(4), which directs DOE to "consider

42181

and issue requirements" for any ceiling

fan light kits other than those with

medium screw base or pin-based

sockets, "including candelabra screw

base sockets." The statute has two

default requirements: 1) these ceiling

fan light kits shall not be capable of

operating with lamps that total more

than 190 watts; and 2) the ceiling fan

light kits must be packaged with lamps

whose total wattage does not exceed 190

watts. For the latter packaging

requirement, a limit on the total wattage

of lamps packaged with a ceiling fan

light kit, no test procedure is required.

A manufacturer would simply ensure

that there be sufficient lamps packaged

with the ceiling fan light kit to fill any

and all sockets in the fixture and the

total wattage of those lamps would not

exceed 190 watts. In the former

requirement, the statute requires that

these kits not be capable of operating

with lamps that total more than 190

watts. To satisfy this requirement, the

Department considered two approaches.

One approach would be for the

Department to interpret the statutory

requirement of "not be capable of

operating with lamps that total more

than 190 watts" as a design

requirement, similar to features required

by EPACT 2005 for ceiling fans (e.g..

variable fan speed control and separate

controls for fan and lights). Under this

approach, there would be no test

procedure required by the Department.

However, manufacturers of these ceiling

fan light kits would be required to

incorporate some measure such as a

fuse, circuit breaker or current-limiting

device to ensure the light kit was not

capable of operating with a lamp or

lamps totaling more than 190 watts.

The alternative approach would be for

the Department to adopt a test

procedure that would measure the

power consumption of the ceiling fan

light kit. Such a test procedure would

determine if the ceiling fan light kit

were capable of operating with a lamp

or lamps totaling more than 190 watts.

DOE believes there are likely designs

where it would not be apparent that the

product meets the standards and that it

would be necessary to test the light kit.

Therefore, DOE is proposing a test

procedure that incorporates by reference

selected provisions from the "IESNA

Approved Method for Electrical and

Photometric Measurements of General

Service Incandescent Filament Lamps."

LM-45-00, for lamps whose total

wattage exceeds 190 watts. The sections

of LM-45-00 being proposed for

incorporation by reference are section

1.2. "Nomenclature and Definitions."

section 3.0. "Power Source

Characteristics" (for AC power only).

EERE-2006-DET-0136 COMMENT 01.3
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section 4.0, "Circuits" (for AC power

only), and section 7.0, "Electrical

Instrumentation." In the testing

configuration setup depicted in figure

1(b) of section 4.0, the Department

proposes to replace the lamp (L) by the

ceiling fan light kit being tested. In this

proposed test method, lamps totaling

more than 190 watts are installed into

the ceiling fan light kit to determine

whether it consumes more than 190

watts as described in Appendix U to

Subpart B of 10 CFR Part 430.

The Department requests comment on

the proposed approach of interpreting

the 190-watt requirement as an energy

consumption standard, and requiring

manufacturers to test their products

using the test procedure incorporated by

reference in this notice for ceiling fan

light kits with sockets for lamps with

bases other than medium screw-base

sockets and pin-based sockets for lamps

packaged with ceiling fan light kits.

B. Dehumidifiers

Section 135(b)(1) of EPACT 2005

amends section 323(b) of EPCA (42

U.S.C. 6293(b)) to add subsection (b)(13)

for dehumidifiers. New subsection

323(b)(13) (42 U.S.C. 6293(b)(13))

directs the Secretary to prescribe lest

procedures for dehumidifiers based on

the test criteria in the "ENERGY STAR

Program Requirements for

Dehumidifiers." as in effect on August

8, 2005.3 The DOE proposes to

incorporate by reference into 10 CFR

Part 430 test criteria used under the

"ENERGY STAR Program Requirements

for Dehumidifiers,- as in effect on

August 8, 2005. which references the

American National Standards Institute

(ANSI)/Association of Home Appliance

Manufacturers (ARAM) Standard DH1-2003. "Dehumidifiers." for energy

consumption measurements duringcapacity-rating tests and the Canadian

Standards Association (CAN)/(CSA)

Standard C749-1994. "Performance of

Dehumidifiers." for energy factor

calculations. In addition, section

135(c)(4) of EPACT 2005 amends

section 325 of EPCA (42 U.S.C. (3295) by

adding new subsection (cc) which

prescribes energy conservation

standards, consisting of minimum

energy factors. for dehumidifiers.

manufactured on. or after. October 1,

2007.

ANSI/AHAM DH-1-2003 provides

definitions of terms, measurement

tolerances, and testing procedures to

measure the ability of a dehumidifier to

remove moisture from its surrounding

atmosphere in pints of water per day

s The ENERGY STAR Program Requirements for

Dehumidifiers wer t into effect on Januar 1. 2001.

and liters of water consumed per

kilowatt hour (L/kWh). This information

is needed to determine the Energy

Factor of a dehumidifier as calculated in

accordance with section 4.2, "Standard

Rating of Energy Factor," of CAN/CSAC749-1994. Hence, these test

procedures provide a sound means for

determining compliance with the

standards in section 325(cc) of EPCA, as

amended .(42'U.S.C. 6295(cc)). The

Department also concludes that they

satisfy the requirements of section

323(b)(3)4EPCA. (42 U.S.C. 6293(b)(3))

C. Medium Base Compact Fluorescent

Lamps

Section 135(b)(1) of EPACT 2005

amends section 323(b) of EPCA (42

U.S.C. 6293(b)) to add subsections

(b)(12)(A) through (C), for "medium

base" CFLs. (These CFLs are also

commonly referred to as "screw base"

CFLs.) The new subsection

323(b)(12)(A) of EPCA (42 U.S.C.

6293(b)(1 2)(A)) requires test procedures

for medium base CFLs to be based on

the August 9, 2001, version of the

ENERGY STAR program requirements

for CFLs, (the "August 9 version")

which became effective October 1. 2001.

Correspondingly, section 135(c)(4) of

EPACT 2005 adds new subsection

(bb)(1) to section 325 of EPCA to

prescribe standards for CFLs, requiring

that they meet the requirements in the

August'9 version for minimum initial

efficiency, lumen maintenance at 1000

hours, lumen maintenance at 40 percent

of rated life, rapid cycle stress, and lamp

life. (42 U.S.C. 6295(bb)(1))

Furthermore, new subsection

323(b)(12)(B) of EPCA specifically

requires that medium base CFLs be

tested for all of these parameters." (42

U.S.C. 6293(b)(12)(B))

Effective January 1, 2004, however,

the Department replaced the August 9

version with the "ENERGY STAR

Program Requirements for CFLs."

version 3.0. The standards for CFLs

remained unchanged, as did the method

for testing a unit of a lamp. But version

3.0 increased to ten (from five in the

August 9 version) the minimum number

of units of each model that had to be

tested to determine the efficacy of that

model. This change means that the

efficacy ratings resulting from testing

would be more accurate. although

obviously it also increases the test

burden on manufacturers.

As noted above. Section 135(b)(1) of EPACT

2005 added subsections (b)(1 2)(A)-(C) ]ormediunr

base CFL's. Subsection (b)(] 2)(13) erroneoushreferences section 325(cc) as containing the

Iesulaled parameters for these CPUs. Instead.

section 325(cc) contains standards for

"Dehumidifiers.

The Department believes that the test

methods in both the August 9 version

and version 3.0 meet EPCA's criteria for

test procedures for CFLs. Obviously

DOE adoption of the August 9 version

would satisfy the requirement that the

test procedures for CFLs "be based on"

that version. (42 U.S.C. 6293(b)(12)(A))

Adoption of version 3.0 would also

satisfy that requirement, given its

similarity to the August 9 version. In

addition, although version 3.0 is both

better at measuring efficiency and more

burdensome, the Department has

examined both versions and believes

that both are "reasonably designed to

* * * measure energy efficiency * * *

and (are] not unduly burdensome to

conduct," as required by 42 U.S.C.

6293(b)(3).

Because new subsection 323(b)(12)(A)

of EPCA (42 U.S.C. 6293(b)(12)(A))

specifically identifies the test methods

under the August 9 version as the ones

which the test procedure for medium

base CFLs "shall be based," the

Department is proposing today to

incorporate into 10 CFR Part 430 the

"ENERGY STAR Program Requirements

for CFLs," August 9, 2001, to measure

minimum initial efficacy, lumen

maintenance at 1000 hours, and 40

percent of rated life, rapid cycle stress,

and lamp life. However, as indicated

above, EPCA requires that the test

procedure for testing CFLs in ceiling fan

light kits with screw based sockets be

based on version 3.0 (42 U.S.C.

6293(16)(A)(ii)), and DOE is proposing

to adopt version 3.0 as the test

procedure for these kits. If DOE were to

adopt both this proposal and the

proposal to require use of the August 9

version for testing CFLs, its regulations

would incorporate two different testing

regimens for testing the same product to

determine whether it meets a particular

efficacy standard. The Department

believes that this could cause confusion

and be unduly burdensome to

manufacturers. In addition, because, as

noted above, version 3.0 would produce

more accurate results, DOE finds it

preferable to the August 9 version. For

these reasons, the Department is

proposing adoption of provisions from

version 3.0 instead of the August 9

version, and requests comments on

whether the test procedures for medium

base CFLs should consist of the test

methods in the "ENERGY STAR

Program Requirements for CFLs,"

version 3.0.

Finally, two of the five performance

requirements in EPCA's standards for

CFLs concern "lumen maintenance."

(42 U.S.C. 6295(bb)(1)) However, in

examining the ENERGY STAR program

requirements for CFLs, August 9, 2001,

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the Department noted an apparent

inconsistency in language regarding this

term. Specifically , the table in the

August 9 version that delineates

"Photometric Performance

Requirements " includes "lumen

maintenance " among the specified

properties for CFLs. In contrast, the

table in the August 9 version that cites

the "Referenced Standards/Procedures."

(i.e., the test procedures, for measuring

the specified performance properties of

CFLs makes no reference to testing for

"lumen maintenance.") Rather, this

table cites procedures for measuring

"lumen depreciation ." The Department

interprets these tables as using the terms

"lumen maintenance " and "lumen

depreciation" synonymously. To ensure

clarity on this point, today's rule defines

"lumen depreciation " as having the

same meaning as " lumen maintenance"

in the test procedure for CFLs. The

Department solicits stakeholder

comments about whether "lumen

maintenance " and "lumen

depreciation " may be taken as

synonymous.

D. Torchieres

EPACT 2005 neither prescribes, nor

directs DOE to develop, a test procedure

for torchieres. However, section

135(c )(4) of EPACT 2005 amends

section 325 of EPCA to add subsection

(x) for torchieres, which establishes that

torchieres manufactured on or after

January 1, 2006 , shall "consume not

more than 190 watts of power" and

shall "not be capable of operating with

lamps that total more than 190 watts."

(42 U.S.C. 6295 (x)(1) and (x)(2),

respectively) In the October 2005 final

rule, DOE incorporated these

requirements into 10 CFR section

430.32(t) of its rules. 70 FR 60412-13.

The language of these two

requirements is problematic. Read

literally, they appear either to be

redundant or not to make sense. The

first requirement appears to limit total

energy consumption by a torchiere to

190 watts, and the second appears to

require that the torchiere not be able to

operate with lamps that draw more than

190 watts. On the one hand, such

requirements would be redundant

because all or virtually all of the

electricity a torchiere consumes is used

to operate the lamps it contains. On the

other hand. assuming for the sake of this

discussion that torchieres consume

more than the amount of electricity

needed to operate the lamps they usethey could not consume less-it would

not make sense to limit both the

torchiere and the lamps it uses to

consumption of the same maximum

amount of electricity use (in this case

190 watts).

Another possible reading of

subsections 325(x)(1) and (x)(2) is that

both address electricity consumption by

torchieres themselves, and require that

torchieres not consume, or be capable of

consuming, respectively , more than 190

watts. (42 U.S.C. 6295 (x)(1) and (x)(2))

Under this reading, however, the two

subsections would clearly be redundant.

To produce a torchiere that would not

consume 190 watts, a manufacturer

would have to make sure that the fixture

was not capable of doing so, and,

conversely, any equipment constructed

to be incapable of operating above 190

watts would not operate above that

wattage.

The Department also believes that

subsection 325(x)(1) can be interpreted

as requiring that torchieres be packaged

and sold with lamps that do not

consume more than 190 watts, with

subsection 325(x )( 2) being interpreted

strictly in accordance with its terms as

requiring that torchieres not be able to

operate with lamps totaling more than

190 watts. The Department believes this

is the soundest interpretation of these

provisions. Torchieres are always, or

virtually always, sold with lamps

enclosed with the product's packaging.

In effect, the lamps are part of the

product as manufactured and sold.

Furthermore , as pointed out above, a

torchiere will consume the amount of

electricity drawn by the lamps it uses.

Thus, the requirement that a torchiere

"consume not more than 190 watts." (42

U.S.C. 6295(x)(1)) which applies to the

product as manufactured and then

distributed in commerce by the

manufacturer, can reasonably be

interpreted as requiring that the

torchiere be packaged with lamps

totaling 190 watts or less.

Such a requirement complements the

provision that torchieres "not be

capable of operating with lamps"

totaling that same wattage. (42 U.S.C.

6295(x)(2)) The norm for torchieres. as

with other lighting fixtures. is that users

will replace the product's lamps, often

numerous times during its life. In

conjunction with a requirement that

torchieres be distributed with lamps

that consume no more than 190 watts.

it makes sense to require that torchieres

be unable to operate with lamps totaling

more than that wattage , so as to assure

that consumers will not use the product

at energy levels above the level

contemplated in the Act. Not only does

this approach make sense given the

nature of the product here. but it also

gives meaning to both subsections (x)(1)

and (2).

Furthermore, it reflects the approach

the Congress took in the only other

provision of section 135(c)(4) of EPACT

2005 that contains a similar twopronged energy conservation standard

for a lighting fixture. For ceiling fan

light kits that have neither medium

screw base sockets nor bin-based

sockets, the default standard EPACT

2005 provides that a ceiling fan light kit

(1) must include lamps that total 190

watts or less and (2) shall not be capable

of operating with lamps totaling more

than 190 watts. (42 U.S.C. 6295(ff)(4)(c))

For these reasons, DOE intends to

interpret 42 U.S.C. 6295(x) as requiring

that torchieres be packaged and sold

with lamps that do not consume more

than 190 watts, and not be able to

operate with lamps totaling more than

190 watts. Section 430.32(t)(2) of DOE's

regulations already reflects the second

prong of this interpretation, and in the

final rule in this proceeding, the

Department plans to modify section

430.32(t)(1) to reflect the first prong.

As to the second prong, the

Department construes it to mean that a

torchiere must be designed and

manufactured in such a way that either

the fixture would not function. or the

component lamps when operating

would not consume more than 190

watts, when lamps exceeding that

wattage are installed in the fixture. To

satisfy this requirement, the Department

is contemplating two approaches.

One approach would be for the

Department to interpret the statutory

requirement of "not be capable of

operating with lamps that total more

than 190 watts" as a design

requirement, similar to features required

by section 135(c)(4) of EPACT 2005 for

ceiling fans (e.g., variable fan speed

control). Under this approach, the

Department would not require a test

procedure, and the Department's

regulations would specify one or more

features that torchieres would be

required to incorporate, such as a fuse,

circuit breaker or other current limiting

device. so that they would either cease

to operate, or would draw less than 190

watts, when the user installed a lamp or

lamps totaling more than 190 watts in

the unit. This approach would be

consistent with EPCA's failure to

mention test procedures for torchieres.

The alternative approach would be for

the Department to adopt a test

procedure that would measure the

power consumption of a torchiere. Such

a test procedure would determine if the

torchiere was capable of operating with

a lamp or lamps totaling more than 190

watts. A test method to this effect is

proposed in Appendix AA to Subpart B

of Part 430. Uniform Test Method for

EERE-2006-DET-0136 COMMENT 01.3
42184 Federal Register /Vol. 71, No. 142 /Tuesday, July 25, 2006 /Proposed Rules

Measuring the Energy Consumption of

Torchieres. This proposed test method

adapts and incorporates by reference

selected provisions from the "IESNA

Approved Method for Electrical and

Photometric Measurements of General

Service Incandescent Filament Lamps."

LM-45-00, along with lamps whose

total wattage exceed 190 watts. The

sections of LM-45-00 being proposed

for incorporation by reference are

section 1.2, "Nomenclature and

Definitions," section 3.0, "Power Source

Characteristics" (for AC power only).

section 4.0, "Circuits" (for AC power

only), and section 7.0, "Electrical

Instrumentation." In the testing

configuration setup depicted in figure

1(b) of section 4.0, the Department

proposes to replace the lamp (L) by the

torchiere being tested. In this proposed

test method, a lamp or lamps totaling

more than 190 watts are installed into

the torchiere to determine whether it

consumes more than 190 watts.

The Department requests comment on

the proposed approach of interpreting

the 190 watt requirement as an energy

consumption standard and requiring

manufacturers to test their products

using the test procedure incorporated by

reference in this notice for torchieres.

E. Unit Heaters

Section 135(c)(4) of EPACT 2005

amends section 325 of EPCA to add

subsection (aa) (42 U.S.C. 6295(aa)).

which requires that unit heaters

manufactured on or after August 8,

2008, be equipped with an intermittent

ignition device, and have power venting

or an automatic flue damper. The

Department incorporated these design

standards into 10 CFR 430 in the

October 2005 final rule. 70 FR 60407.

Test procedures under EPCA must be

designed to measure "energy efficiency,

energy use, * * * or estimated annual

operating cost." (42 U.S.C. 6314(a)(2))

Test procedures are not required for

determining compliance with design

standards (42 U.S.C. 6295(s)). Since

EPACT 2005 promulgated design

standard for unit heaters. the

Department is not proposing test

procedures for this equipment.

However, the Department is

proposing definitions for the terms

"intermittent ignition device," "power

venting," "automatic flue damper." and

"fan-type heater" as they relate to unit

heaters. The last of these terms appears

in the definition of "unit heater" that

appears in EPCA (EPACT 2005, section

135(a)(3), and 42 U.S.C. 6291(45)) and

the October 2005 final rule. 70 FR 60407

and 10 CFR 431.242. The other terms

appear in the unit heater standards

adopted in EPCA (EPACT 2005, section

135(c)(4) and 42 U.S.C. 6295(aa)) and

the October 2005 final rule. 70 FR 60407

and 10 CFR 431.246. The Department's

adoption of these definitions would

clarify coverage and content of the

standards for unit heaters. The proposed

definitions incorporate the content of

definitions from industry consensus

standards, with slight modifications that

reflect their application to unit heaters.

For example, the proposed definition of

"fan-type heater" is derived from the

definitions of that term in ANSI/

ASHRAE Standard 103-1993. and the

proposed definition of "intermittent

ignition device" is derived from the

definition of the term in ANSI Standard

Z21.47-2001.5

F. Automatic Commercial Ice Makers

Section 136(f)(1)(B) of EPACT 2005

amends section 343 of EPCA to add

subsection (a)(7)(A) (42 U.S.C.

6314(a)(7)(A)), which directs that the

test procedures for automatic

commercial ice makers "shall be the test

procedures specified in the AirConditioning and Refrigeration Institute

(ARI) Standard 810-2003. as in effect on

January 1, 2005." The title of this

Standard is "Performance Rating of

Automatic Commercial Ice Makers."

ARI Standard 810-2003 provides

definitions of terms, test requirements,

and rating requirements. In particular,

section 4, "Test Requirements.'' of ARI

Standard 810-2003 references the

performance tests in the American

Society of Heating. Refrigerating and

Air-Conditioning Engineers (ASHRAE)

Standard 29, "Methods of Testing

Automatic Ice Makers," without

indicating which version of ASHRAE

Standard 29. The Department construes

ARI Standard 810-2003 as providing for

use of the most current version of

ASHRAE Standard 29, which at present

is the American National Standards

Institute (ANSI)/ASHRAE Standard 29-

1988 (Reaffirmed 2005). Also, section

4.1 of ARI Standard 810-2003 provides

an exception to the lest set-up

requirements of ASHRAE Standard 29.

It states that the test unit must be set up

according to the manufacturer's

instructions to the user for setting up

the unit for normal operation, and

without any adjustments that might

affect ice capacity, energy usage, or

water usage. The Department believes

this provision provides some assurance

that all the testing and rating parameters

are measured and reported in complete

conformity with how the unit is

intended to operate, that the unit's

efficiency rating will accurately reflect

the efficiency the user would

experience, and that compliance with

applicable standards will be determined

under normal operating conditions.

ARI Standard 810-2003 cites

ASHRAE Standard 29 as the source of

procedures for measuring energy

consumption rate and condenser water

use rate. The Department has examined

these procedures as set forth in ANSI/

ASHRAE Standard 29-1988(RA2005)

and believes they are not unduly

burdensome to conduct, and would

produce results that accurately reflect

the efficiency of ice makers, except that

the test procedure for calculating energy

consumption rate in section 8.3 of this

Standard is problematic. Specifically,

the calculation for energy consumption

rate directs that the energy consumed

while cycling an ice maker through a

minimum of three cycles be divided by

the mass (weight) of ice measured in

determining ice density (normalized to

100 pounds of ice). However, these

specifications can result in an error

because the ANSI/ASHRAE procedure

for measuring the ice density does not

clearly state if the total mass of all the

ice produced during the three cycles

must be used. That is, the test procedure

may permit testing personnel, in

performing the density determination,

to discard some of the ice produced

during the three or more cycles. If some

of the ice is discarded, the measured

energy consumption would be for a

larger amount of ice than that included

in the determination of the energy

consumption rate, thus overstating the

rate.

To correct this defect in the procedure

for calculating the energy consumption

rate, DOE proposes to require explicitly

that the rate be determined using the

total amount of ice produced during the

cycles in which energy consumption is

measured, Specifically, this proposed

lest procedure provides in 10 CFR

431.134 that the energy consumption

rate normalized to 100 pounds (1.00 lbs)

of ice be determined as follows:

The definition of fan-type heater is the definition as it reads in ANS1.Z21.47-2001 is not Priority Setting for the 2003 fiscal year. The

definition in ANSIASNRAE 103-1993 without incorporated by reference because it details definition does not include the characteristics and

modification. The definition of intermittent ignition characteristics of the vinition source and is not advantages of using of the fan for venting purposes.

device is derived from (lie definition in needed for clarifying the test procedure. The

ANS1.Z21.47-2001. The last sentence of the definition of power venting was derived from DOE's

EERE-2006-DET-0136 COMMENT 01.3
Federal Register /Vol. 71, No. 142/Tuesday, July 25, 2006 /Proposed Rules

Energy Consumed During Testing (kWh) Energy Consumption Rate (per 100 lbs ice) = X100%

Total Mass of Ice Collected During Testing (lbs)

The Department believes that this

approach either eliminates an

unintended ambiguity in ARI Standard

810-2003, or represents, at most, a

relatively minor modification of the

methodology in that Standard. Under

either view, without the modification.

the test procedure would not "be

reasonably designed to produce test

results which reflect [the] energy

efficiency" of this equipment, as

required by section 343(a)(2) of EPCA.

(42 U.S.C. 6314(a)(2)) Therefore, the

Department believes, given this latter

statutory requirement, that it is

authorized to make this modification.

even if the modification is viewed as an

alteration of ARI Standard 810-2003.

This approach gives meaning to both the

statutory provisions in EPCA. (42 U.S.C.

6341(a)(7)(A), 42 U.S.C. 6314(a)(2)) It is

not barred by the EPCA provision which

states that the test procedures for

automatic commercial ice makers "shall

be" those specified in the ARI Standard.

(42 U.S.C. 6314(a)(7)(A), 42 U.S.C.

6314(a)(2))

The Department requests comments

about whether this proposed

requirement for collecting and

measuring the mass of ice produced

during the energy consumption test

corrects the problem found in ANSI/

ASHRAE Standard 29-1988 (RA 2005).

The Department concludes that ARI

Standard 810-2003, together with the

provisions it incorporates from

ASHRAE Standard 29-1988 (RA 2005),

and with the above correction, provide

a method for measuring the energy use

and water use at the harvest rate levels

specified in section 342(d) of EPCA (42

U.S.C. 6313(d)), and for determining

compliance with the standard levels in

that section. Furthermore, DOE

adoption of these provisions would

satisfy both the requirement that the test

procedures for automatic commercial

ice makers "shall be" the lest

procedures in ARI Standard 810-2003

(42 U.S.C. 6314(a)(7)(A)) and the general

requirements for test procedures in 42

U.S.C. 6314(a)(2).

Finally, section 136(h)(3) of EPACT

2005 amends section 345 of EPCA (42

U.S.C. 6316) to add subsection (f)(4)

directing the Secretary to "monitor

whether manufacturers are reducing

harvest rates below tested values for the

purpose of bringing non-complying

equipment into compliance." and

authorizing the Secretary to take steps to

minimize manipulation if the Secretary

determines "that there has been a

substantial amount of manipulation

with respect to harvest rates" of

commercial ice makers. The Department

will monitor commercial ice maker

harvest rates to determine if such

manipulation is occurring.

G. Commercial Prerinse Spray Valves

Section 135(b)(1) of EPACT 2005

amends section 323(b) of EPCA (42

U.S.C. 6293(b)) to add subsection (14),

which states that test procedures for

measuring the flow rate for commercial

prerinse spray valves "shall be based on

[the] American Society for Testing and

Materials [ASTM] Standard F2324,

entitled `Standard Test Method for PreRinse Spray Valves.' " Section 135(c)(4)

amends EPCA to require that

commercial prerinse spray valves

manufactured on or after January 1,

2006, have a flow rate of 1.6 gallons per

minute or less. (42 U.S.C. 6295(dd))

The reference to ASTM Standard

F2324 raises two threshold matters.

First, DOE presumes that Congress

intended in the EPACT provision

directing DOE to base its test procedure

on this Standard, to require DOE to use

the most recent version, ASTM

Standard F2324-03. Second, ASTM

Standard F2324-03 covers water

consumption flow rate and cleanability

of prerinse spray valves. However, new

section 323(b)(14) of EPCA (42 U.S.C.

6293(b)(14) contemplates only a test

procedure that measures flow rate for

this product, and the new standard at 42

U.S.C. 6296 (dd) concerns only flow

rate. Therefore, the Department has not

considered adoption of the cleanability

provisions of ASTM Standard F2324-

03. Furthermore. the Department has

examined ASTM Standard F2324-03

and believes it provides a sound basis

for determining the flow rate and

compliance with the standards for

prerinse spray valves. which therefore

satisfies the requirements of section

323(b)(3) of EPCA. (42 U.S.C. 6293(b)(3))

For all of these reasons, DOE proposes

to incorporate by reference under

Subpart 0 of 10 CFR Part 431,

Commercial Prerinse Spray Valves, the

procedures in ASTM Standard F2324-

03 that are pertinent to measuring the

water consumption flow rate of prerinse

spray valves.

H. Illuminated Exit Signs

Section 135(b)(1) of EPACT 2005

amends section 323(b) of EPCA (42

U.S.C. 6293(b)) to add subsection (9),

which provides that test procedures for

42185

illuminated exit signs "shall be based

on the test method" contained in

version 2.0 of the EPA's ENERGY STAR

program requirements for illuminated

exit signs. Furthermore, section

135(c)(4) of EPACT 2005 added a new

subsection (w) to 325 of EPCA, which

requires illuminated exit signs

manufactured on, or after January 1,

2006, meet version 2.0's performance

requirements; under version 2.0 such

signs must have an input power demand

of five watts or less per face. See 70 FR

60417; 10 CFR 431.206. EPA updated

the "ENERGY STAR Program

Requirements for Exit Signs" and

published version 3.0, effective August

1, 2004. The procedure for measuring

input power is essentially the same in

both versions, 2.0 and 3.0.

In examining the test procedures in

the two versions, the Department found

that in both, the provisions for

measuring input power are not explicit

about the length of time for performing

the measurement. The Department

believes that if manufacturers perform

the measurement using different

durations from different models, the

resulting measurements for these

different models would likely lack

comparability. Thus, to reduce the

possibility of such an outcome and to

clarify the test procedure, DOE proposes

to include a requirement in the test

procedure that the time duration of the

test shall be sufficient to measure power

consumption with a tolerance of ±1

percent. (10 CFR 431.204) The

Department requests comments about

whether its test procedure for

illuminated exit signs should

incorporate this time duration

requirement.

Based on its examination of both

versions 2.0 and 3.0. DOE believes that

each, with this proposed modification,

meets EPCA's criteria for test

procedures for illuminated exit signs.

Obviously, DOE adoption of version 2.0

would satisfy the requirement that the

lest procedures for such signs "be based

on" that version. (42 U.S.C. 6293(b)(9))

Adoption of version 3.0 would also

satisfy that requirement, given its

similarity to version 2.0. In addition.

DOE believes that both versions. with

the addition of a time duration

requirement, would be "reasonably

designed to * measure]

energy use * * * and (are] not unduhburdensome to conduct." as required by

42 U.S.C. 6293(b)(3]. See also. 42 U.S.C.

6314(a)(2).

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42186 Federal Register /Vol. 71, No. 142 /Tuesday, July 25, 2006 /Proposed Rules

Although new subsection 323(b)(9) of

EPCA (42 U.S.C. 6293(b)(9)), specifically

identifies the test method in version 2.0

as the version on which the test

procedure for illuminated exits signs

"shall be based," the Department

proposes to incorporate by reference

into 10 CFR Part 431, the "ENERGY

STAR Program Requirements for Exit

Signs," version 3.0, effective August 1,

2004 because the test methods in

versions 2.0 and 3.0 are essentially the

same and version 3.0 is the most recent

iteration of that test procedure.

1. Traffic Signal Modules and Pedestrian

Modules

Section 135(b)(1) of EPACT 2005

amends section 323(b) of EPCA (42

U.S.C. 6293(b)) to add subsection (11),

which states that test procedures for

traffic signal modules and pedestrian

modules shall be based on the test

method used under the "ENERGY STAR

program" for traffic signal modules, as

in effect on August 8. 2005. Section 4

of the ENERGY STAR specification in

effect at that time, the "ENERGY STAR

Program Requirements for Traffic

Signals," version 1.1, prescribes use of

the test methods from the Institute for

Transportation Engineers (ITE),

"Vehicle Traffic Control Signal Heads

(VTCSH)," Part 2. 1985, section 6.4.2,

"Maintained Minimum Luminous

Intensity."

In addition, pursuant to Section

135(c)(4) of EPACT 2005. new

subsection 325(z) of EPCA (42 U.S.C.

6295(z)) now requires that traffic signal

modules and pedestrian modules

manufactured on or after January 1,

2006, meet the performance

requirements specified in the ENERGY

STAR program requirements for traffic

signals, version 1.1, which preclude the

maximum wattage and nominal wattage

of these modules from exceeding certain

specified levels. See 70 FR 60417; 10

CPR section 431.226(a).

However, neither EPCA nor ENERGY

STAR nor section 6.4.2 of VTCSH Part

2 referenced in the ENERGY STAR test

procedure, provides a definition of the

energy consumption of traffic signal

modules or pedestrian modules (i.e.,

nominal or maximum wattage). The

Department proposes to clarify both the

standards and test conditions for these

products by adopting the following

definitions of nominal wattage and

maximum wattage into § 431.222:

• Nominal wattage means the power

consumed by the module when it is

operated within a chamber at a

temperature of 25 °C after the signal has

been operated for 60 minutes.

• Maximum wattage means the power

consumed by the module after being

operated for 60 minutes while mounted

in a temperature testing chamber so that

the lensed portion of the module is

outside the chamber, all portions of the

module behind the lens are within the

chamber at a temperature of 74 °C, and

the air temperature in front of the lens

is maintained at a minimum of 49 °C.

The Department developed these

definitions by drawing on language in

the VTCSH test procedure and from

consultations with ITE. The Department

believes the definitions are consistent

with the test procedure, and with the

standards EPCA now prescribes for

traffic signal and pedestrian modules,

which were developed based on

application of the test procedure. Thus,

DOE believes the proposed definitions

reflect the intent of ITE and the

ENERGY STAR program in developing

the test procedures and standards. The

Department invites comment on these

definitions.

Sections 6.4.2.1 and 6.4.2.2 of VTCSH

Part 2 may be viewed as leaving gaps in

the method for measuring nominal and

maximum wattages. Specifically, they

direct the user to measure the nominal

and maximum wattage without

addressing the accuracy of the wattage

sensor nor the time duration for

measuring power consumption during

conduct of the test. The Department

believes ITE may not have specified the

details of how to measure these values

since they generally accepted

procedures which a test laboratory

would be familiar with and would affect

the results. However, the Department

invites comment on this view and

whether DOE should specify detailed

test methods for these points. If DOE

finds it necessary, the Department will

develop, and incorporate into the test

procedure, requirements on these two

points is a separate proceeding from this

rulemakino.

As noted above, EPCA provides that

the test procedures for both traffic signal

and pedestrian modules must be based

on the ENERGY STAR specification for

traffic signal modules. (i.e., 6.4.2 of

VTCSH Part 2). VTCSH Part 2 does not

mention or, by its terms, apply to

pedestrian modules. However, upon

careful consideration and review of

VTCSH Part 2, the Department believes

the test procedures in VTCSH Part 2 for

determining maximum and nominal

wattages of traffic signal modules are

equally applicable to testing pedestrian

modules. Thus, the Department

proposes to apply the VTCSH Part 2 test

procedures for determining maximum

and nominal wattage of traffic signal

modules to pedestrian modules, without

modification except for the type of

module being tested. The Department

requests comments about the technical

feasibility of this proposal.

DOE is proposing to incorporate by

reference the test methods for measuring

the maximum and nominal wattages as

contained in the test specifications in

section 4 of the "ENERGY STAR

Program Requirements for Traffic

Signals," version 1.1, and section 6.4.2

of VTCSH Part 2 (1985). DOE is aware

that ITE recently updated the VTCSH to

the June 27, 2005, version, referred to as

VTCSH (2005). DOE is not proposing to

adopt VTSCH Part 2 (2005) because it

extended coverage to products not

covered by EPACT 2005, uses a format

that is not conducive to incorporation in

the DOE test procedure, and added a

number of testing requirements DOE

does not find necessary to meet the

requirements of EPACT 2005. In the

2005 update, for example, ITE reorganized the document, splitting apart

and moving some of the provisions from

previous section 6.4.2, "Maintained

Minimum Luminous Intensity" of

VTCSH Part 2 (1985) into section 6.4.2,

"Conditioning of Modules" and section

6.4.4, "Photometric and Colorimetric

Tests." The Department found the

specific testing requirements for

measuring the nominal wattage and the

maximum wattage of the module to be

in sections 6.4.4.1, 6.4.4.4, and 6.4.4.5 of

VTCSH (2005). Specifically, the

Department is only interested in the

testing requirements in sections 6.4.4.1,

6.4.4.4, and 6.4.4.5 for red and green

signal modules. In addition, VTCSH

(2005) specified that the test should be

performed with modules energized at

nominal operating voltage unless the

test requirements explicitly state

otherwise. Since the requirements for

nominal and maximum wattage

measurements found in section 6.4.4 of

VTCSH (2005) are more detailed and

increase testing burden, the Department

is not adopting the more stringent

requirements in VTCSH (2005). The

Department also found that the number

of modules tested for the photometric

and colorimetric tests in VTCSH (2005)

was three, instead of the six required by

VTCSH (1985), and that the three units

be subjected to environmental tests.

However, the Department is only

concerned with testing for nominal

wattage and maximum wattage and is

not requiring manufacturers to conduct

the environmental tests on their

modules. Consequently, the Department

is proposing to adopt the VTCSH (1985)

as specified by ENERGY STAR.

In sum, the Department has examined

the ENERGY STAR specifications for

traffic signals in effect on August 8,

2005, and the VTCSH (1985) testing

procedures it references and believes,

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with the addition of definitions of

maximum wattage and nominal wattage

and of provisions addressing the

accuracy of the wattage sensor and the

duration of the test, the test methods in

these documents provide a sound basis

for measuring the maximum and

nominal wattages, and determining

compliance with the applicable

standards, for traffic signal and

pedestrian modules. Therefore, DOE

adoption of these test methods would

satisfy the requirements of section

323(b)(3) of SPCA (42 U.S.C. 6293(b)(3).

Adoption of these test methods would

also satisfy EPCA's requirement that the

test procedures for traffic signal

modules and pedestrian modules be

based on the ENERGY STAR

specification in effect on August 8,

2005. For these reasons, DOE is

proposing to incorporate by reference

the test methods for measuring the

maximum and nominal wattages as

contained in the test specifications in

section 4 of the "ENERGY STAR

Program Requirements for Traffic

Signals," version 1.1, and section 6.4.2

of VTCSH Part 2 (1985).

J. Refrigerated Bottled or Canned

Beverage Vending Machines

Section 135(a)(3) of EPACT 2005

amends section 321 of EPCA to add

subsection 321(40) (42 U.S.C. 6291(40)),

which defines the term "refrigerated

bottled or canned beverage vending

machine" as a "commercial refrigerator

that cools bottled or canned beverages

and dispenses the bottled or canned

beverages on payment." Section

135(c)(4) of EPACT 2005 amends

section 325 of EPCA to add subsection

325(v)(2) (42 U.S.C. 6295(v)(2)), which

directs the Secretary to prescribe, by

rule, energy conservation standards for

this equipment. Further, section

135(b)(1) of EPACT 2005 amends

section 323(b) of EPCA by adding

subsection 323(b)(15) (42 U.S.C.

6293(b)(15)), which states that test

procedures for refrigerated bottled or

canned beverage vending machines

"shall be based on IANS]/ASHRAE]

Standard 32.1-2004, entitled `Methods

of Testing for Rating Vending Machines

for Bottled, Canned or Other Sealed

Beverages.' Also pursuant to section

135(b)(2) of EPACT 2005, new

subsection 323(f) of SPCA , 42 U.S.C.

6293 (f)(1). directs the Secretary to

prescribe testing requirements for

refrigerated bottled or canned beverage

vending machines no later than two

years after the enactment of EPACT

2005, that is August 8 , 2007. (42 U.S.C.

6293(f)(1)) This section also directs DOE

to base such testing requirements on

existing industry test procedures. to the

maximum extent practicable. (42 U.S.C.

6292(f)(2))

Section 6.2 of ANSI/ASHRAE

Standard 32.1-2004, "Methods of

Testing for Rating Vending Machines for

Bottled. Canned or Other Sealed

Beverages," on "Voltage and

Frequency," allows for testing "vending

machines with dual nameplate voltages

at both voltages or at the lower of the

two voltages." The Department's

understanding is that test results for a

given piece of dual-voltage equipment

would not be affected by the voltage

during testing Consequently, the

Department proposes to test beverage

vending machines at the lower voltage,

as allowed by the standard, to

characterize the energy consumption, as

EPACT 2005 intended. The Department

requests comments on this proposal.

The Department has examined ANSI/

ASHRAE Standard 32.1-2004 and

believes it provides sound methods for

testing the energy efficiency of a

refrigerated bottled or canned beverage

vending machine, and that it satisfies

the requirements of section 323(b)(13) of

EPCA (42 U.S.C. 6293(b)(3)). Therefore,

the Department proposes to incorporate

this test procedure by reference into 10

CFR Part 431. After it adopts a test

procedure for refrigerated bottled or

canned beverage vending machines, the

Department intends to establish by rule

energy conservation standards for such

equipment, as directed by section 325(v)

of EPCA.

K. Commercial Package AirConditioning and Heating Equipment

Section 136(f)(1)(A) of EPACT 2005

amends section 343(a)(4)(A) and (B) (42

U.S.C. 6314(a)(4)(A) and (B)) to require

test procedures for air-cooled package

air conditioning and heating equipment

rated at or above 240,000 and below

760,000 British thermal units per hour

(Btu/h) cooling capacity (defined as

"very large" equipment under section

136(a)(3) of EPACT 2005, 42 U.S.C.

6311(8)(D)). The amendment provides

that the test procedure for such

equipment shall be the "generally

accepted industry testing procedures or

rating procedures developed or

recognized by the Air-Conditioning and

Refrigeration Institute or by the

American Society of Heating.

Refrigerating and Air-Conditioning

Engineers, as referenced in ASHRAE/

IES Standard 90.1 and in effect on June

30, 1992." (42 U.S.C. 6314(a)(4)(A)) It

also provides in essence that. DOE must

adopt any amendment to such test

procedure unless it determines that the

amended test procedure would fail to

meet EPCA's general requirements for

test procedures. (42 U.S.C.

6314(a)(4)(B))

The test procedures in effect on June

30, 1992, for very large commercial

package air conditioning and heating

equipment were the ARI Standard 340-

1986, "Commercial and Industrial

Unitary Heat Pump Equipment," and

ARI Standard 360-1986. "Commercial

and Industrial Unitary Air-Conditioning

Equipment." ARI subsequently replaced

these test standards with AR] Standard

340/360-93, "Commercial and

Industrial Unitary Air-Conditioning and

Heat Pump Equipment." and then AR]

Standard 340/360-2000, "Commercial

and Industrial Unitary Air-Conditioning

and Heat Pump Equipment." The

Department understands that neither of

these new versions of ARI Standard

340/360 altered the efficiency test

methods or calculation procedures that

were in ARI Standards 340 and 360 as

in effect on June 30, 1992. Nor did the

new versions alter the measured

efficiencies for the equipment being

tested.

In an October 21, 2004, direct final

rule, "Test Procedures and Efficiency

Standards for Commercial Air

Conditioners and Heat Pumps," the

Department adopted test procedures for

small commercial package airconditioning and heating equipmen

(cooling capacities less than 135,000

Btu/h), and for large commercial

package air conditioning and heating

equipment (cooling capacities at or

above 135,000 Btu/h and less than

240.000 Btu/h) into section 431.96. 69

FR 61962. Under that rule, the

Department adopted ARI Standard 340/

360-2000, the most recent AR] test

procedure at the time, for commercial

package air-conditioning and heating

equipment with cooling capacities at or

above 135,000 Btu/h and less than

240.000 Btu/h. 69 FR 61971: 10 CFR

431.96. For equipment with cooling

capacities at or above 65,000 Btu/h and

less than 135,000 Btu/h. other than

water source equipment. the

Department adopted AR] Standard 340/

360-2000 with four modifications

(taken from AR] Standard 210/240-

2003) as the applicable test procedure.

69 FR 61971-72; 10 CFR 431.96. These

modifications were necessary to ensure

the proper testing of certain types, or

configurations, of equipment. 69 FR

61965-66. Subsequently, AR] published

ARI Standard 340/360-2004. which

revised AR] Standard 340/360-200 by

adding the four modifications DOE had

adopted, in the October 2004 direct final

rule, for equipment with cooling

capacities at or above 65.000 Btu/h and

less than 135.000 Btu/h. ARI made no

other changes. AR] Standard 340/360-

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42188 Federal Register /Vol. 71, No. 142 /Tuesday, July 25, 2006 /Proposed Rules

2004, "Performance Rating of

Commercial and Industrial Unitary AirConditioning and Heat Pump

Equipment." is now the most current

industry test procedure for all of this

equipment, including very large

commercial package air conditioning

and heating equipment.

In accordance with 42 U.S.C.

6314(a)(4)(B), the Department proposes

to incorporate ARI Standard 340/360-

2004 by reference into 10 CFR Part 431

as the test procedure for very large aircooled commercial package air

conditioning and heating equipment.

This would make the DOE test

procedure consistent with the amended

industry test procedure. Also. the new

version of ARI Standard 340/360 would

be more readily available to users than

the prior version. And finally, DOE is

aware of no basis for concluding that the

new version fails to meet the general

requirements for test procedures in 42

U.S.C. 6313(a)(2) and (3).

The Department also proposes to

replace the references to ARI Standard

340/360-2000, as well as the

modifications to the standard, with

references to ARI Standard 340/360-

2004 in the test procedures in 10 CFR

Part 431 for all small and large

commercial package air conditioning

and heating equipment (cooling

capacities equal to, and greater than,

65.000 Btu/h, but less than 240,000 Btu/

h), except for water-source heat pumps

with cooling capacities of less than

135,000 Btu/h. For the latter, the

applicable test procedure is ISO

Standard 13256-1 1998.

As indicated above, ARI Standard

340/360-2004 changes the previous

version of ARI Standard 340/360 only

by incorporating provisions in DOE's

test procedures. Thus, incorporation of

ARI Standard 340/360-2004 will not

alter DOE's test procedure.

L. Commercial Refrigerators. Freezers,

and Refrigerator-Freezers

Section 136(f)(1)(B) ofEPACT 2005

amends section 343 of EPCA by adding

subsection (a)(6)(A)(i) (42 U.S.C.

6314(a)(6)(A)(i)), which prescribes test

procedures for commercial refrigerators,

freezers, and refrigerator-freezers. New

subsection 343(a)(6)(A)(ii) requires that

ASHRAE Standard 117, as in effect on

January 1, 2005, shall be the initial test

procedure for equipment to which

standards are applicable under section

342(c)(2)-(3) of EPCA (Section 136(c) of

EPACT 2005, 42 U.S.C. 6313(c)(2)-(3)),

(i.e., (1) commercial refrigerators,

freezers, and refrigerator-freezers with a

self-contained condensing unit and

designed for holding temperature

applications, and (2) commercial

refrigerators with a self-contained

condensing unit, designed for pulldown temperature applications, and

with transparent doors). (42 U.S.C.

6314(a)(6)(A)(ii)) ASHRAE Standard

117-2002, "Method of Testing Closed

Refrigerators," was in effect on January

1, 2005. Also new subsection

343(a)(6)(E) provides that, if ASHRAE

Standard 117 is amended, the Secretary

must address whether to amend the test

procedures for this equipment. (42

U.S.C. 6314(a)(6)(E)

ASHRAE Standard 117-2002 was

recently revised and combined with

ASHRAE Standard 72-1998. "Methods

of Testing Open Refrigerators." into

ASHRAE Standard 72-2005. "Method of

Testing Commercial Refrigerators and

Freezers," as part of the ASHRAE

revision process. ASHRAE Standard 72-

2005 clarifies or modifies certain door

opening requirements, shelf loading

requirements, definitions, and the

reporting of results. Also, it improves

upon the precision of its predecessor

test procedures by providing exact

specifications for testing conditions,

testing instruments, pressure and

temperature testing locations. and the

timing of each measurement within the

refrigeration cycle. In addition.

ASHRAE Standard 72-2005 contains

new requirements that improve the

consistency of ambient temperature

measurements.

Since ASHRAE Standard 11 7-2002 is

the initial test procedure mandated by

subsection 343(a)(6)(A)(ii) of EPCA (42

U.S.C. 6314(a)(6)(A)(ii)), and ASHRAE

amended this test procedure in

ASHRAE Standard 72-2005, DOE

reviewed Standard 72-2005 pursuant to

subsection 343(a)(6)(E)(i) (42 U.S.C.

6314(a)(6)(E)(i)). Based on the review,

the Department believes no basis exists

for concluding that the new standard

fails to meet the general requirements

for test procedures in 42 U.S.C.

6313(a)(2) and (3). and is proposing to

incorporate it by reference into 10 CFR

Part 431. Also, because EPCA defines

refrigeration equipment compartment

volumes, for purposes of standards for

this equipment, in terms of ANSI/

AHAM Standard HRF-1-1979.

"Association of Home Appliance

Manufacturers Standard for Household

Refrigerators, Combination RefrigeratorFreezers, and Household Freezers'

(Section 136(c) of EPACT 2005: 42

U.S.C. 6313(c)(1)((A) and (B)). DOE is

proposing to incorporate by reference

into 10 CFR Part 431 this standard.

Finally, the Department has included in

proposed section 431.64(b)(3) of today's

rule the applicable rating temperatures

for this equipment prescribed under

subsection 343(a)(6)(B) of EPCA (42

U.S.C. 6314(a)(6)(B)).

In addition, section 136 (h)(3) of

EPACT 2005 amends section 345 of

EPCA (42 U.S.C. 6316) to add

subsection (e)(5)(A), which requires

manufacturers of the equipment covered

by the standards in section 342(c)(2)-(3)

of EPCA (Section 136(c) of EPACT 2005,

42 U.S.C. 6313(c)(2)-(3)) "to certify,

through an independent, nationally

recognized testing or certification

program, that the commercial

refrigerator, freezer, or refrigeratorfreezer meets the applicable standard." 6

Also, the Secretary is required to

encourage the establishment of at least

two independent testing and

certification programs. (42 U.S.C. 6316

(e)(5)(B)) The Department is not

proposing separate manufacturer

certification reporting procedures for

these commercial refrigerators, freezers,

and refrigerator-freezers, although the

proposed rules would allow

manufacturers to have third parties,

such as certification organizations,

submit such reports on their behalf. But

to meet the statutory requirement of

certifying through an independent

testing or certification program,

manufacturers of this equipment would

have to use such programs to develop

the efficiency ratings on which they

base their certification reports.

Section 136(c) of EPACT 2005 amends

section 342 of EPCA by adding

subsection 342(c)(4) (42 U.S.C.

6313(c)(4)), which directs the Secretary

to develop standards for ice-cream

freezers; commercial refrigerators,

freezers, and refrigerator-freezers with a

self-contained condensing unit and

without doors; and commercial

refrigerators, freezers, and refrigeratorfreezers with a remote condensing unit.

Furthermore, new section 343(a)(6) of

EPCA (Section 136(f)(1)(B) of EPACT

2005, 42 U.S.C. 6314(a)(6)), directs DOE

to develop test procedures for some of

this equipment. It states, first, that such

test procedures must either be

"generally accepted industry test

procedures" or "developed or

recognized" by ASHRAE or ANSI (42

U.S.C. 6314(a)(6)(A)(i)), second, what

the rating temperature must be for some

of the equipment, (42 U.S.C.

6314(a)(6)(B)) and, third, that DOE must

issue a rule, in accordance with EPCA's

general test procedure requirements for

commercial equipment (42 U.S.C.

6314(a)(2) and (3)), to establish the

appropriate rating temperatures for the

remainder of these products. (42 U.S.C.

The standards applicable to this equipment

were codified into section 431.66 of 10 CFR part

431 in the October 2005 final rule. 70 FR 60414.

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Federal Register /Vol. 71, No. 142/Tuesday, July 25, 2006/Proposed Rules

6314(a)(6)(C)) ARI recently developed

methods for testing such commercial

refrigeration equipment in ARI Standard

1200-2006, "Performance Rating of

Commercial Refrigerated Display

Merchandisers and Storage Cabinets."

In general, ARI Standard 1200-2006

provides testing and rating requirements

for commercial refrigerated display

merchandisers and storage cabinets.

both those with self-contained

condensing units and those with remote

condensing units. It covers commercial

refrigerated display merchandisers

regardless of whether they are open or

closed, or for service or self-service. The

ARI Standard was developed to provide

guidance to the commercial refrigeration

industry and allows comparison of

energy consumption among remote

commercial refrigerated display cases.

and among self-contained commercial

refrigerated display cases. The Standard

provides rating conditions and testing

requirements, and specifies equations

for the calculation of energy

consumption, volume, and total display

area. The testing requirements are based

on testing provisions in ASHRAE

Standard 72-2005.

ARI Standard 1200-2006 also

includes product-temperature rating

specifications that require maintaining

test-package temperatures during the

tests. This is important for a valid

comparative evaluation of energy

consumption among products. For

commercial refrigerators, freezers, and

refrigerator-freezers with a selfcontained condensing unit and without

doors, and commercial refrigerators,

freezers, and refrigerator-freezers \nrith a

remote condensing unit, the rating

temperatures are based on the

application in which the product is

used. For low-temperature applications,

the rating-temperature specification is

an integrated average temperature of all

test-package averages of 0 °F (±2 °F). For

medium-temperature applications, the

rating-temperature specification is an

integrated average temperature of all

test-package averages of 38.0 °F (±2 °F).

The rating temperature that ARI

Standard 1200-2006 specifies for icecream freezers is an integrated average

temperature of all test package averages

of -5.0 °F (±2 °F). However, ice-cream

freezers with doors, which DOE

understands to constitute all or the vast

majority of ice-cream freezers, were

covered by standards adopted in 2002

by the California Energy Commission

(CEC). Therefore. this equipment

appears to be subject to the requirement

that its rating temperature be the

integrated average temperature of "0

degrees F (± 2 degrees F)." (Section

136(f)(B) of EPACT 2005, 42 U.S.C.

6314(a)(6)(B)(i)) But because ice-cream

freezers typically operate at -5 F, a test

procedure that uses an integrated

average temperature of 0°F (±2 °F) as the

rating temperature for this equipment

"would produce test results" that fail to

"reflect [its] energy efficiency," and

DOE adoption of'such a test procedure

would violate section 343(a)(2) of EPCA

(42 U.S.C. 6314(a)(2)). The Department

notes that the 2002 CEC standards use

the integrated average temperature of 0

F (±2°F) as the rating temperature for all

commercial freezers with doors covered

by the standards. except for ice-cream

freezers. For ice-cream freezers, CEC

uses an integrated average temperature

of -5.0 °F (±2 °F). Because use of an

integrated average temperature of -5.0

°F (±2 °F) as the rating temperature for

ice-cream freezers would be more

consistent from a technical standpoint,

DOE proposes to resolve the conflict

between subsections 343(a)(2) and

(a)(6)(B)(i) of EPCA (42 U.S.C. 6314(a)(2)

and 6314(a)(6)(B)(i)) by incorporating

that rating temperature into its test

procedure for ice-cream freezers, as

provided in ARI Standard 1200-2006.

On December 15, 2005, in response to

the Department's request for input on its

Schedule Setting for the 2006 Appliance

Standards Rulemaking Process (70 FR

61395), ARI urged the Department to

place the standards rulemaking for icecream freezers, commercial refrigerators,

freezers, and refrigerator-freezers with a

self-contained condensing unit and

without doors, and commercial

refrigerators, freezers, and refrigeratorfreezers with a remote condensing unit,

on its high priority list because the

effort requires significant work and the

regulatory deadline of January 1, 2009,

is just three years away. (ART, DOE-EEPS-2006-001, No. 18). Regarding test

procedures, ARI stated that ARI

Standard 1200 is undergoing an ANSI

review to become a national standard,

and that ARI expects ANSI to approve

the standard in the second quarter of

2006. ARI therefore asked that DOE

initiate a review of the standard once

this process is complete.

The Department, however, reviewed

ARI Standard 1200, and is proposing to

adopt it as the DOE test procedure, prior

to completion of the ANSI review

process. The Department understands

that ART Standard 1200-2004

underwent ANSI review and received

sufficient support for ANSI approval,

but that ARI revised it to address the

two negative votes and resubmitted it to

ANSI for approval as ARI Standard

1200-2006. The Department

understands that final ANSI action on

this standard is now expected in the

third or fourth quarter of 2006, and that

42189

one of the negative votes has already

been reversed. Because DOE anticipates

ANSI approval of ARl Standard 1200-

2006, it believes the standard will meet

the criterion of 42 U.S.C.

6314(a)(6)(A)(i) that allows DOE to

adopt, for commercial refrigeration

products, test procedures that have been

recognized by ANSI.

In sum, ART Standard 1200-2006

contains rating-temperature provisions

for ice-cream freezers; commercial

refrigerators, freezers. and refrigeratorfreezers with a self-contained

condensing unit and vyrithout doors; and

commercial refrigerators, freezers, and

refrigerator-freezers \4'ith a remote

condensing unit, which will provide a

basis for accurate efficiency

determinations for these types of

equipment, as required under EPCA.

(Section 136(f)(1)(B) of EPACT 2005; 42

U.S.C. 6314(a)(6)(C)). In addition, ARI

Standard 1200-2006 requires

performance tests to be conducted

according to the ASHRAE Standard 72

test method, which DOE believes to be

a sound method that will produce

results that accurately reflect the

efficiency of the products tested. The

Department also understands that the

method has been widely used in thr

industry, thus indicating that it is not

unduly burdensome to conduct.

Furthermore, as discussed above, the

Department is incorporating ASHRAE

Standard 72-2005 by reference into 10

CPR part 431 for other commercial

refrigerators, freezers. and refrigeratorfreezers. Thus. DOE adoption of ARI

Standard 1200-2006. and the

consequent use of ASHRAE Standard

72-2005 for testing the equipment

under discussion here, avoids any

burden that a manufacturer producing

all of these types of equipment might

incur if a different method was required

here. Finally, DOE has reviewed the

calculation methods in ARI Standard

1200-2006, as well as the definitions it

provides of terms used in the test

procedure, and believes they will help

to produce accurate results as to the

efficiency of the products being tested.

For these reasons. and in anticipation

of the standards rulemaking, the

Department is proposing to incorporate

ARI Standard 1200-2006 by reference

into 10 CFR part 431 for ice-cream

freezers; commercial refrigerators,

freezers, and refrigerator-freezers with a

self-contained condensing unit and

without doors: and for commercial

refrigerators, freezers. and refrigeratorfreezers with a remote condensing unit.

The Department requests comments on

the proposed test procedures for this

equipment.

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Finally, the Department is proposing

a definition of "ice-cream freezer," to be

included in 10 CFR 431.62. EPCA does

not define this term, and a definition is

needed to delineate which products will

be covered by the test procedure for this

equipment. Today's proposed definition

is based on the definition used in the

ENERGY STAR program. The

Department requests comments on that

definition. The Department notes that it

recently initiated a rulemaking to set

standards for certain commercial

refrigeration equipment, including icecream freezers, as directed by 42 U.S.C.

6313(c)(4)(A). That rulemaking will

address the issue of which products will

be covered by the standards.

M. Battery Chargers and External Power

Supplies

Section 135(a)(3) of EPACT 2005

amends section 321 of EPCA by adding

subsection 321(32) (42 U.S.C. 6291(32)),

which defines the term "battery

charger" as a "device that charges

batteries for consumer products,

including battery chargers embedded in

other consumer products." Similarly,

section 135(a)(3) of EPACT 2005 also

amends section 321 of EPCA by adding

subsection 321(36) (42 U.S.C. 6291(36)).

which defines the term "external power

supply" as "an external power supply

circuit that is used to convert household

electric current into DC (direct current]

or lower-voltage AC lalternating current]

to operate a consumer product."

Further, section 135(c)(4) of EPACT

2005 amends section 325 of EPCA (42

U.S.C. 6295) by adding subsection (u)

for battery chargers and external power

supplies. Subsection 325(u)(1)(A) of

EPCA (42 U.S.C. 6295(u)(1)(A)) directs

the Secretary to prescribe, by rule,

definitions and test procedures for

measuring the energy consumption of

battery chargers and external power

supplies. Subsection 325(u)(1)(B) of

EPCA (42 U.S.C. 6295(u)(1)(B)(i)) directs

the Secretary, in establishing these test

procedures, to "consider existing

definitions and test procedures used for

measuring energy consumption in

standby mode and other modes."

Finally, subsection 325(u)(1)(E) of EPCA

(42 U.S.G. 6295(u)(1)(E)) also states that

the Secretary shall determine whether

and to what extent to issue standards for

these products. In making this

determination, the Department will

follow the requirements set forth in

subsection 325(u)(1)(E) of EPCA. (42

U.S.C. 6295(u)(1)(E)(ii))

While EPACT 2005 addresses battery

chargers and external power supplies

under one general product heading,

today's notice addresses them

separately. The-Department elected to

treat these two products separately

because (1) the nature and operation of

these products is different; (2) they have

separate and discrete utilities to the

consumer; (3) the EPA developed

separate ENERGY STAR test procedures

and program requirements for these

products; and 4) several stakeholders

participating in the development of the

EPA's ENERGY STAR program called

for separate treatment of these products.

1. Battery Chargers. The Department

has examined the definitions and test

procedures under the "ENERGY STAR

Program Requirements for Products

with Battery Charging Systems,"

December 2005, and proposes to

incorporate by reference into 10 CFR

Part 430. with modifications discussed

below, the test procedure presented in

sections 4.0 and 5.0 of EPA's ENERGY

STAR "Test Methodology for

Determining the Energy Performance of

Battery Charging Systems, December

2005" (the ENERGY STAR test method).

As quoted above, subsection

325(u)(1)(B) of EPCA directs the

Secretary to consider existing

definitions and test procedures for

measuring the energy consumption of

battery chargers in standby mode and

other modes. The only existing energy

consumption test procedures that DOE

is aware of for this product are test

methods in IEEE standards and the

ENERGY STAR test method. The

Department examined both. It found

that none of the IEEE standards was

adequate and complete within itself.

Only the ENERGY STAR test method.

which is based on the IEEE standards,

comprehensively addresses energy

testing of battery chargers. Sections 4.0

and 5.0 of the ENERGY STAR test

procedure were designed to measure

energy consumption in the maintenance

and standby modes, which appears to be

appropriate for consumer products

using battery chargers. The Department

understands that the standby mode is a

non-operational mode where no battery

is present in the charger but the charger

is plugged in and drawing power. The

Department understands that the

maintenance mode is the condition

where the battery is still connected to

the charger, but has been fully charged.

Based on its examination of the

ENERGY STAR test method. DOE

believes that this test method does in

fact measure energy consumption in

both of these modes and that it does not

measure a battery charger's energy

consumption when it is in the "active"

mode, (i.e., is charging a battery).

Consequently, the Department believes

that it fulfills the EPCA requirements

both for standby mode and "other

modes." such as maintenance mode.

In today's notice, the Department is

proposing to adopt verbatim the

statutory definition of battery charger.

The Department is also proposing to

refine the scope of the test procedure

coverage, so that the test method in

today's proposed rule has the same

applicability as the test method in the

ENERGY STAR program. The ENERGY

STAR program limits coverage to battery

chargers with an input power rating

between 2 and 300 watts. The energy

labeling and standards program

provides a means to promote energy

efficiency improvement opportunities of

covered products through energy

representations and standards. Smaller

battery chargers, (i.e., less than 2 watts),

because of their size, have few technical

opportunities for affecting the energy

performance and therefore, consumers

would not benefit from the labeling and

standards for small battery chargers.

Larger battery chargers (i.e., greater than

300 watts) tend to be used for other than

residential applications, and as such,

are not "consumer products," within

the scope of Part B of Title III of EPCA.

Thus, DOE is proposing to limit the

scope of the test procedures to the same

products covered by the ENERGY STAR

program, (i.e., 2 to 300 watts). The

Department requests comments on the

test method scope of coverage contained

in section 1 of Appendix Y to Subpart

B of Part 430.

In general, DOE found that the

ENERGY STAR test method provides

sufficient detail, tolerances, and a test

protocol to measure the energy

consumption of battery chargers, as

required under section 325(u)(1)(A) of

EPCA. (42 U.S.C. 6295(u)(1)(A) The

Department also believes that this test

procedure has a reasonable degree of

industry support, based on comments

submitted to the EPA and the public

comment process that EPA and its

contractors engaged in while developing

this document. However, the

Department has identified certain issues

pertaining to specific elements

contained in the ENERGY STAR test

method for battery chargers. The

Department requests comments on these

and any other issues that may be

pertinent to the Department's proposal

to adopt this test procedure for battery

chargers.

The ENERGY STAR "Test

Methodology for Determining the

Energy Performance of Battery Charging

Systems," December 2005, provides two

discrete testing procedures that measure

the energy consumption of battery

chargers-an abbreviated and a full test

methodology. The abbreviated

methodology has a test duration of 7

hours and the full test methodology has

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a test duration of 48 hours. The

Department proposes to adopt the full

test methodology , which has a test

duration of 48 hours, and invites

comment on this proposal.

The Department notes that while the

ENERGY STAR program exempts

inductively coupled battery charging

devices, the sections of the ENERGY

STAR test procedure DOE is proposing

to adopt, do not include this exemption.

The Department believes inductively

coupled battery charging devices

provide an important consumer utility

and are within the scope of the EPACT

2005 definition of "battery charger."

Furthermore, DOE believes the

nonactive energy use of inductively

coupled battery charging devices, which

is captured by today's proposed test

procedure, would affect the energy

efficiency of these devices. Thus, the

Department is proposing to adopt the

ENERGY STAR test procedure for

battery chargers, including inductively

coupled battery charging devices. The

Department invites comment on this

proposal.

The Department understands that

certain battery charger designs draw

current in short pulses and, therefore.

the instrumentation requirements for

testing such designs should be capable

of fully measuring the energy consumed

by these pulses. Based on DOE review.

the ENERGY STAR test methodology for

a battery charger during testing does not

adequately address non-sinusoidal

waveforms, including these short pulses

of current. Therefore, in order to address

this. the Department proposes adding a

requirement in section 3 of Appendix Y

to Subpart B of Part 430 that addresses

the capability of testing equipment to

account for crest factor and frequency

spectrum in the measurement, in

addition to the other ENERGY STAR

requirements specified in section 4.0 of

the ENERGY STAR test methodology for

battery chargers.

Finally, the Department understands

that some battery chargers for consumer

products can operate over a wide range

of input voltages and frequencies. For

regulatory purposes in the United

Stales, the Department is only

concerned with the performance of a

battery charger closest to U.S. voltage

conditions, namely 115 volts, 60 hertz.

Therefore, the Department proposes to

require that manufacturers only conduct

this test procedure at this voltage.

Notwithstanding the issues identified

above, the EPA's ENERGY STAR "Test

Methodology for Determining the

Energy Performance of Battery Charging

Svstems, December 2005" satisfies the

provisions of section 135(c)(4) of EPACT

2005 to provide a test procedure for

measuring the energy consumption of'

battery chargers. Therefore, DOE

proposes to incorporate by reference

sections 4.0 and 5.0 of this ENERGY

STAR document along with the

modifications detailed above into 10

CFR part 430.

2. External Power Supplies. The

Department proposes to incorporate by

reference into 10 CFR Part 430 sections

4 and 5 of the EPA's ENERGY STAR

"Test Method for Calculating the Energy

Efficiency of Single-Voltage External

Ac-Dc and Ac-Ac Power Supplies

(August 11. 2004)." The Department

found that this test procedure provides

sufficient detail, tolerances, and test

protocols to measure the energy

consumption of external power supplies

required under section 325(u) of EPCA.

as amended. 42 U.S.C. 6295. The

Department also believes that this test

procedure has a reasonable degree of

industry support, based on comments

submitted to the EPA and the public

comment process that EPA engaged in

while developing these test methods.

Notwithstanding, the Department has

identified certain issues pertaining to

the ENERGY STAR test procedure for

external power supplies. The

Department requests comments on these

and any other issues that may be

pertinent to the Department's proposal

to adopt this test procedure for external

power supplies.

EPCA. as amended by EPACT 2005.

defines external power supply as a

circuit that is used to convert household

electric current into DC current or

lower-voltage AC current to operate a

consumer product. 42 U.S.C. 6291(36).

In today's notice, the Department is

proposing to adopt the statutory

definition verbatim. Additionally, the

Department is proposing to make the

scope of applicability for the test

method consistent with that of the

ENERGY STAR program. which was

designed to address external power

supplies used with consumer

electronics. The Department believes

that the proposed scope of coverage for

the external power supply test method

does not deviate substantively from the

statutory definition, since it is drafted to

be applicable to these devices powering

consumer electronics . The Department

requests comments on the test method

scope of coverage contained in section

1 of the new Appendix Z to Subpart B

of Part 430.

The Department also understands that

some external power supplies for

consumer products can operate over a

wide range of input voltages and

frequencies. Forregulatnry purposes in

the United States, the Department is

only concerned with the performance of

an external power supply closest to U.S.

voltage conditions, namely 115 volts, 60

hertz. Therefore, the Department

proposes to require that manufacturers

only conduct this test procedure at these

voltage conditions.

Furthermore, ENERGY STAR

measures the energy consumption of the

external power supply at 25, 50, 75. and

100 percent of rated current output. The

efficiencies at each loading point are

calculated , and then a simple average is

calculated to indicate the efficiency of

the unit. The Department invites

stakeholders to comment on this

methodology for determining the active

mode efficiency of the device.

The Department understands that

power factor, defined as the ratio of

actual power drawn in watts to apparent

power drawn in volt-amperes, affects

the efficiency of electric utility

distribution systems. Power factor

correction processes are used to adjust

this ratio (i.e., the power factor) towards

a value of 1.0. The Department invites

comments on power factor as it relates

to the test procedure proposed for

external power supplies. The

Department is concerned that. from a

utility distribution system perspective.

the aggregate effect of external pov,aer

supplies with low power factors would

increase distribution system losses

Notwithstanding the issues identified

above, the EPA's ENERGY STAR "Test

Method for Calculating the Energy

Efficiency of Single-Voltage External

Ac-Dc and Ac-Ac Power Supplies,"

August 11, 2004, satisfies the provisions

of section 135(c)(4)(ii) of EPACT 2005 to

provide a test procedure for measuring

the energy consumption of external

power supplies. Therefore. the

Department proposes to incorporate by

reference sections 4 and 5 of this

ENERGY STAR document along with

the modifications detailed above into 10

CFR Part 430.

IV. Discussion-Compliance and

Enforcement

A. Sampling. Manufacturer

Certification. and EnforcementGeneral

EPACT 2005 does not specify

sampling, manufacturer certification, or

DOE enforcement procedures for

ensuring compliance with the

standards. The Department previously

adopted such certification and

enforcement procedures for the

consumer products that EPCA already

covered. These procedures are found in

§ 430.24 and subpart F to 10 CFR part

430. The Department has reviewed

those procedures, and generally bases

today's sampling. certification. and

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enforcement proposals on them. In

addition, on December 13, 1999, the

Department previously proposed

sampling, certification and enforcement

provisions for commercial heating, air

conditioning and water heating

products (hereafter referred to as the

"December 1999 proposed rule"). 64 FR

69598. That rulemaking is still pending

with respect to those proposals, and

DOE recently published a supplemental

notice of proposed rulemaking that

seeks comment on alternatives to certain

of those proposals (hereafter referred to

as the "April 2006 supplemental

notice"). 71 FR 25103. Some of today's

proposals are drawn from the December

1999 proposed rule and the 2006

supplemental notice.

For each consumer product that

EPACT 2005 covers and for which DOE

proposes test procedures in today's

notice, the Department is proposing

sampling requirements. These

requirements address the number of

units of each basic model a

manufacturer must test as the basis for

rating the model and determining

whether it complies with the applicable

standard. These sampling plans follow

the approach for sampling found in 10

CFR part 430. Once DOE has adopted its

final rule containing test procedures and

sampling requirements for these

consumer products (i.e.. ceiling fans,

ceiling fan light kits. torchieres, medium

base compact fluorescent lamps. and

dehumidifiers), each product would

automatically become subject to the

existing manufacturer certification and

DOE enforcement provisions in 10 CPR

part 430. These provisions are § 430.62

for certification, and §§430.61. 430.71,

430.72, 430.73, and 430.74 for

enforcement. Today's proposed rule also

includes an amendment to section

430.62(a)(4) about information that

manufacturers must include in

certification reports for the consumer

products the rule covers.

For each type of commercial or

industrial equipment EPACT 2005

covers and for which DOE proposes test

procedures in today's notice (except

very large air conditioning equipment,

which is addressed below), the

Department is proposing to adopt

sampling requirements for manufacturer

testing similar to those in Part 430 for

consumer products.

The Department is also proposing to

require that each manufacturer of

commercial or industrial equipment file

a compliance statement and certification

reports. The compliance statement is

essentially a one-time filing in which

the manufacturer or private labeler

states that it is in compliance with

applicable energy conservation

requirements, and the certification

reports generally provide the efficiency,

or energy or water use, as applicable, for

each covered basic model that it

distributes. These requirements take the

same approach as the certification

procedures in Part 430 and incorporate,

with some modifications, certification

provisions that the Department

proposed for commercial heating, air

conditioning, and water heating

equipment in the December 1999

proposed rule and the April 2006

supplemental proposed rule. In today's

proposal, the Department has

reorganized and renumbered these

provisions to reflect the current

structure of 10 CFR part 431. Moreover,

as set forth in proposed Subpart T, they

would apply not only to the equipment

for which DOE proposes test procedures

in today's notice, but also to distribution

transformers and the commercial

heating, air conditioning, and water

heating equipment for which DOE

originally proposed them. (The

proposed certification procedures

would not apply to electric motors, for

which certification requirements are

already in place in Part 431). Although

DOE, provided an opportunity for

comment on the application of these

procedures in the December 1999

proposed rule , it will accept comment

in response to this notice on their

application to heating, ventilation, airconditioning and water heating (HVAC

and WH) products and to the other

equipment to which DOE is now

proposing to apply them.

Today's proposed rule also includes

provisions as to DOE enforcement of the

standards. As with the certification

proposal discussed in the previous

paragraph, the proposals as to DOE's

initial steps in an enforcement action

and manufacturer cessation of

distribution of non-complying

equipment, follow the approach for

such provisions in Part 430 and are

essentially the same procedures DOE

proposed for HVAC and WH products in

the December 1999 proposed rule. For

enforcement testing, including, in

particular, provisions on sampling

during such testing and determination

of compliance or non-compliance, the

Department is proposing two

approaches. For commercial prerinse

spray valves. illuminated exit signs,

traffic signal modules and pedestrian

modules, and refrigerated bottled or

canned vending machines. DOE believes

each basic model is manufactured in

relatively large quantities. similar to

consumer products covered by Part 430,

and the Department is proposing to

adopt the same provisions that apply to

consumer products under Part 430. For

automatic commercial ice makers, as

well as commercial refrigerators,

freezers, and refrigerator-freezers, DOE

understands each basic model is

manufactured in smaller quantities,

similar to commercial heating, air

conditioning and water heating

equipment, and the Department is

proposing the same provisions it

proposed for those products in the 2006

supplemental notice. (The proposed

enforcement procedures do not apply to

electric motors, for which enforcement

requirements are already in place in

Subpart U of Part 431.) Moreover, only

the proposed provisions as to cessation

of distribution of non-complying

equipment apply to distribution

transformers, because DOE has already

adopted provisions as to the initial steps

in an enforcement action and as to

enforcement testing for this equipment.

71 FR 24972.

The Department notes that, as with

the certification provisions, today's

proposed rule also includes provisions

on DOE's initial steps in enforcement

action and manufacturer cessation of

distribution of non-complying

equipment would apply not only to

distribution transformers and

equipment for which DOE is proposing

test procedures in today's notice, but

also to commercial HVAC and WH

products for which DOE previously

proposed such provisions. The

Department will accept comments in

response to this notice on the

application of these proposals to HVAC

and WH products, and to the other

equipment to which DOE is now

proposing to apply them.

As indicated above, in the December

1999 proposed rule, DOE proposed

compliance and enforcement

procedures for HVAC and WH products.

On October 21, 2004, DOE adopted a

final rule incorporating some of the

general provisions proposed for this

equipment, including certain

enforcement provisions (hereafter

referred to as the "October 2004 rule").

69 FR 61916. These enforcement

provisions are now set forth in

§§ 431.382, 431.386 and 431.387, 70 FR

60416, previously §§ 431.191, 431.195

and 431.196 (2005). The provisions

apply to "covered equipment"

generally, which comprises electric

motors and commercial HVAC and WH

products. (10 CFR 431.2) Once DOE has

adopted its final rule in this rulemaking,

the commercial and industrial

equipment the rule covers would

automatically become subject to these

enforcement provisions.

In the October 2004 rule, DOE did not

adopt the 1999 proposed rule's

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proposals that commercial HVAC and

WH manufacturers use to determine and

certify compliance, or most of its

enforcement proposals, and the

rulemaking continues on these

proposals. In the 2006 supplemental

notice, DOE sought comments on

alternatives to the December 1999

proposed rule, primarily about: (1)

Manufacturer sampling plans; (2) other

methods for manufacturers to rate their

equipment, including voluntary

independent certification programs and

alternative efficiency determination

methods (AEDMs); and (3 ) sampling in

enforcement testing. 71 FR 25103.

Moreover, although the December 1999

proposed rule did not concern the "very

large commercial package air

conditioning and heating equipment"

that EPACT 2005 added to EPCA under

section 340(1)(D) (42 U.S.C. 6311(1)(D)),

the 2006 supplemental notice seeks

comment on applying the proposals in

that notice to this equipment.

The December 1999 proposed rule

used subpart designations and section

numbers that corresponded to the

structure of 10 CFR part 431 at that

time. Since then , DOE has reorganized

and renumbered the rules in 10 CFR

part 431 to incorporate the commercial

and industrial equipment that EPACT

2005 added. 70 FR 60407. To facilitate

public review and comment on the 2006

supplemental notice, and comparison of

its proposals with those in the 1999

proposed rule, DOE did not change the

subpart designations and section

numbers to correspond to the

reorganized 10 CFR part 431. However,

as DOE stated in the 2006 supplemental

notice, the Department will reorganize

and renumber the sampling,

certification , and enforcement

provisions in the final rule to reflect the

new structure of 10 CFR Part 431. In

addition , based on comments received

on the 2006 supplemental notice and

today's proposed rule, as well as the

timing of the two rulemakings , DOE will

decide whether to publish two final

rules or a single final rule with the

sampling, certification , and enforcement

provisions for commercial and

industrial equipment that EPACT 2005

added , and for commercial heating,

ventilating, air conditioning, and water

heating equipment.

B. Sampling Plans for Compliance and

Enforcement Testing

In accordance with section 323(b)(3)

of EPCA (42 U.S.C. 6293(b)(3)), any test

procedure that DOE prescribes shall be

reasonably designed to produce test

results that measure. for example,

energy efficiency or energy use, and are

not unduh, burdensome to conduct. The

Department proposes the use of a

statistically meaningful sampling

procedure for selecting test specimens

of consumer products to reduce the

testing burden on manufacturers, while

giving sufficient assurance that the true

mean energy efficiency of a basic model

meets or exceeds the applicable energy

efficiency standard. The Department

reviewed sampling plans for consumer

products and commercial and industrial

equipment that could provide guidance

on how many and which units to test to

determine compliance.? The

Department considered four factors in

this process: (1) Minimizing

manufacturers' testing time and costs;

(2) assuring compatibility with other

sampling plans the Department has

promulgated; (3) providing a highly

statistically valid probability that basic

models that are tested meet applicable

energy conservation standards; and (4)

providing a highly statistically valid

probability that a manufacturer

preliminarily found to be in

noncompliance will actually be in

noncompliance.

Based on a review of sampling plans

for consumer products found in subpart

F of 10 CFR Part 430 , the Department

considered three alternatives for the

specification of test sample size: (1) Test

every unit to determine with 100-

percent certainty that each one complies

with the statute; (2) test a predetermined

number of units to yield a high level of

statistical confidence (e.g., 90 percent);

and (3 ) test until a determination can be

made that a basic model does, or does

not comply.

In this last alternative , the size of the

total sample is not determined in

advance. Instead , the manufacturer

selects a sample at random from a

production line and , after each unit or

group of units is tested, either accepts

the sample, rejects the sample, or

continues testing additional sample

units until a decision is ultimately

reached. This method often permits

reaching a statistically valid decision on

the basis of fewer tests than fixednumber sampling. This third alternative

is the basis for most of the statistical

sampling procedures that DOE has

established for consumer products

under 10 CPR 430.24, Units to be

Tested. The Department proposes to

adopt such sampling procedures

described in detail below for each of the

consumer products and certain

commercial and industrial equipment.

7 The sampling plans reviewed for consumer

products are those found in 10 CFR. Part 430 and

the sampling plans reviewed for commercial and

industrial equipment are those found in 10 CFR

Part 431 and the December 1999 proposed rule. 64

FR 69598.

42193

In the case of actual testing, the

proposed procedures require randomly

selecting and testing a sample of

production units of a representative

model. A simple average of the values

would be calculated, which would be

the actual mean value of the sample. For

each representative model, a sample of

sufficient size would be selected at

random and tested to ensure that any

represented value of energy efficiency

is, for example, no greater than the

lower of (A) the mean of the sample; or

(B) the lower 95-percent confidence

limit of the mean of the entire

population of that basic model, divided

by a coefficient applicable to the

represented value. These coefficients are

intended to reasonably reflect variations

in material, and in the manufacturing

and testing processes.

The Department is interested in

receiving comments and data

concerning the accuracy and

workability of these sampling plans for

each product and welcomes discussion

on improvements or alternatives to this

approach. The Department is

particularly interested in gathering

comments on whether the proposed

statistical sampling plan is appropriate

for testing each of the consumer

products in today's notice. The

Department asks stakeholders to pay

close attention to the practicality and

applicability of the proposed confidence

limits and coefficients proposed for

each consumer product. The

Department also seeks comment on

whether a more valid approach exists

within the industry that establishes a

sampling plan for the product. Finally,

the Department proposes to adapt such

sampling procedures for certain

commercial equipment described in

detail below, and invites comments on

whether the approach used to develop

sampling plans for consumer products

should be applied to commercial

equipment.

C. Mono facturer Certification for

Distribution Transformers

As discussed in section W.A. of

today's notice, the Department is

proposing manufacturer certification

procedures that would apply to most

commercial and industrial equipment.

including those distribution

transformers subject to energy

conservation standards. EPACT 2005

established energy conservation

standards for low-voltage dry-type

distribution transformers manufactured

on or after January 1. 2007. Thus,

manufacturers of these transformers

would be subject to the proposed

certification provisions upon their

adoption, although today's proposed

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rule states that manufacturers of lowvoltage dry-type distribution

transformers would not have to comply

with these certification requirements

until January 1, 2008.11 The proposed

certification provisions would not be

applicable, however, to other types of

distribution transformers (specifically,

liquid-immersed and medium-voltage

dry-type) unless or until the Department

promulgates energy conservation

standards for them.

The certification requirements have

two elements: a compliance statement

and certification reports. The

Department is proposing a single format

and set of requirements for compliance

statements for all covered commercial

and industrial equipment (except

electric motors), including distribution

transformers. The Department is

proposing an approach for certification

reports for distribution transformers

similar to that which currently exists for

electric motors, due to the large number

of distribution transformer models that

each manufacturer typically produces.

This proposed approach is different

from what DOE is proposing for other

covered equipment.

For certification reporting on

regulated equipment, the DOE's

procedures are for manufacturers to

report on the efficiency or energy or

water consumption of each basic model.

A basic model are those models that

have no differentiating electrical,

physical, or functional features that

affect energy consumption. For

distribution transformers. each time a

change is made to a core or winding, the

energy consumption of the transformer

can change, making that design a

different basic model. Therefore, due to

the way in which distribution

transformers are specified and

manufactured, customized transformer

designs will virtually always be a

different basic model. Customized

designs are necessary to meet customer

requirements and to accommodate price

changes in the raw materials used in the

production of a distribution transformer.

The Department understands that some

manufacturers could produce literally

thousands of basic models each year

and is concerned that applying to them

the same certification and reporting

requirements as found in 10 CFR Part

430 could place a significant burden on

distribution transformer manufacturers.

The Department considered several

approaches to manufacturer certification

' The Department expects this rulemaking to be

finalized in November 2006. The standards for ]owvoltage dry-type distribution transformers go into

effect on January 1. 2007. Therefore. the Department

is providing manufacturers until January 1. 2008 for

testing and submittal of reports.

reporting requirements for distribution

transformers, and decided to propose a

methodology similar to the one electric

motor manufacturers follow. 10 CFR

431.36(b)(2) and Appendix C to Subpart

B of Part 431. The Department is

proposing this methodology because (1)

manufacturers would still be required to

certify in the compliance statement that

all basic models manufactured or

imported will meet or exceed the

minimum efficiency standards; (2) it

would minimize the reporting burden

on manufacturers; and (3) the

Department believes that manufacturers

of electric motors and distribution

transformers encounter similar market

dynamics and manufacturing issues.

The Department proposes that each

distribution transformer manufacturer

submit a certification report on the

efficiency of the least efficient basic

model within a kilovolt-ampere (kVA)

group. For low-voltage dry-type

distribution transformers, kVA groups

would be defined as the combination of

a kVA rating and number of phases for

a transformer, as presented in the table

of efficiency values in § 431.196, as

amended by the October 2005 final rule.

70 FR 60417. These are the groupings

EPACT 2005 uses for the minimum

efficiency standards for low-voltage drytype distribution transformers: singlephase kVA groups would be 15 kVA, 25

kVA. 37.5 kVA, and so on; and threephase kVA groups would include 15

kVA. 30 kVA, 45 kVA, and so on. In

total, for low-voltage dry-type

distribution transformers, there would

be 20 kVA groups. A manufacturer may

have several basic models within any

one of these 20 kVA groups (e.g., 25

kVA. single-phase), but it would only

certify to the Department the efficiency

of the basic model that had the lowest'

efficiency within that kVA group. Basic

models that have non-standard kVA

ratings (i.e., falling between two kVA

groups) would be included in the next

higher kVA group. This approach is

consistent with how the Institute of

Electrical and Electronics Engineers

(IEEE) treats non-standard kVA ratings

with respect to manufacturing and

testing requirements.

Depending on the outcome of the

rulemaking regarding energy

conservation standards for liquidimmersed and medium-voltage dry-type

distribution transformers, the number of

groupings for which DOE promulgates

standards for these transformers might

be greater than the number for loin=-

voltage dry-type distribution

transformers. If the Department adopts

equipment categories and energy

conservation standards for liquidimmersed distribution transformers,

which reflect the methodology followed

under the rulemakingfor low-voltage

dry-type distribution transformers, then

groups of kVA values would be created

based on insulation type (liquidimmersed) and the number of phases

(single or three). Similarly, if the

Department adopts equipment

categories and energy conservation

standards for medium-voltage dry-type

distribution transformers, then groups of

kVA values would be created based on

the insulation type (dry-type), number

of phases (single or three), and the basic

impulse insulation level, or BIL rating,

such as 20-45 kV BIL, 46-95 kV BIL,

and greater than 96 kV BIL.

In today's proposed rule, DOE is

proposing that manufacturers set forth

in their certification reports the

efficiency of their least efficient basic

model in each kVA group that is

delineated by these factors. (Should the

final rule regarding energy conservation

standards for liquid-immersed and

medium-voltage dry-type distribution

transformers contain standards based on

a different grouping, DOE would revise

its requirements for certification reports

accordingly.) The Department believes

the approach is appropriate, in view of

the potentially large number of basic

models of distribution transformers

manufactured each year. Further, by

certifying that the least efficient basic

model within a particular kVA group

meets the applicable energy

conservation standard, the manufacturer

would, in effect, be certifying that all

basic models produced within that kVA

group have an efficiency equal to or

greater than the certified efficiency

rating. In summary, a manufacturer

would submit to DOE the certification

report in conjunction with a compliance

statement affirming that all distribution

transformers produced by that

manufacturer will be at, or above, the

applicable energy conservation

standards detailed in § 431.196 of 10

CPR Part 431. Moreover, the Department

believes that the proposed certification

report would minimize the reporting

burden on manufacturers while

fulfilling the purposes served by the

compliance statement and certification

report required for consumer appliances

at 10 CFR 430.62.

For new basic models that a

manufacturer produces or imports

subject to energy conservation standards

for distribution transformers, the

Department proposes to follow the

methodology recommended by the

National Electrical Manufacturers

Association (NEMA) for electric motors

and adopted by the Department. By

responding to changing customer

requirements and input-material price

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Federal Register /Vol. 71, No. 142 /Tuesday, July 25, 2006 /Proposed Rules

volatility, distribution transformer

manufacturers will continue to

introduce new basic models across their

product offerings. The Department seeks

to avoid imposing a burden of excessive

reporting of certification reporting for

such new basic models. Therefore the

Department proposes that certification

reports will be submitted only if the

manufacturer has not previously

submitted to DOE a certification report

for a basic model of distribution

transformer that (1) is in the same kVA

grouping as the new basic model, and

(2) has a lower efficiency than the new

basic model.

D. Genera] Requirements for Consumer

Products and Commercial and

Industrial Equipment

Consumer products and commercial

and industrial equipment covered by

DOE's regulations are subject to various

provisions in 10 CFR Parts 430 and 431,

respectively. These provisions address a

variety of matters, such as waivers of

applicable test procedures, treatment of

imported and exported equipment,

maintenance of records, subpoenas,

confidentiality of information, and

petitions to exempt state regulations

from preemption. Once DOE has

adopted its final rule, the consumer

products and commercial and industrial

equipment covered by the rule would.

by virtue of such action, automatically

become subject to such provisions. For

consumer products, those provisions are

in §§ 430.27, 430.40 through 430.49,

430.50 through 430.57, 430.64, 430.65.

430.72. and 430.75 of 10 CFR Part 430.

For commercial equipment, those

provisions are in §§ 431.401, 431.403

through 431.407, and 431.421 through

431.430, 70 FR 60417, which previously

were §§ 431.201, 431.203 through

431.207, and 431.211 through 431.220

(2005).

The Department is also proposing in

today's rule provisions as to the

preemption of State energy use and

efficiency regulations for the consumer

products and commercial or industrial

equipment which were added to EPCA

by EPACT 2005. The EPACT 2005

amendments to EPCA include various

provisions concerning preemption with

respect to these products and

equipment. 42 U.S.C. 6295(ff)(7),

6295(gg), and 6316(e). All of the

provisions applicable to consumer

products provide that, once Federal

energy conservation standards take

effect for a product, the preemption

requirements of section 327 of EPCA (42

U.S.C. 6297) become applicable to any

State or local standard for that product.

42 U.S.C. 6295(ff)(7) and 6295(gg). The

Department's existing rules for covered

consumer products essentially embody

such a requirement, providing that any

Federal standard that is in effect for "a

covered product" preempts any State

standard for the product that is not

identical to the Federal standard, except

as otherwise provided in section 327 of

EPCA. 10 CFR 430.33 Since this

provision of DOE regulations is

consistent with EPCA's preemption

provisions for the newly covered

consumer products, the Department

proposes to make it applicable to them.

This will occur as a consequence of

DOE's amendment, as proposed today.

of its definition of "covered product" in

10 CFR 430.2 to add battery chargers,

ceiling fans, ceiling fan light kits,

external power supplies, medium base

compact fluorescent lamps, and

torchieres to the list of covered

products.

For the new commercial and

industrial equipment added to EPCA by

EPACT 2005, the pattern is largely the

same as for consumer products. A

common element of the preemption

provisions for most of this equipment is

that, once Federal energy conservation

standards take effect for a type of

equipment, the preemption

requirements of section 327 of EPCA (42

U.S.C. 6297) become applicable to any

State or local standard for that

equipment. 42 U.S.C. 6295(gg) and

6316(d) through (f). Although current

DOE rules address preemption with

respect to electric motors, 10 CFR

431.26, and commercial heating, air

conditioning and water heating

equipment, 10 CFR 431.202, these

provisions are specific to those products

and do not concern commercial and

industrial equipment generally.

Therefore, for the commercial and

industrial equipment added to EPCA by

EPACT 2005, as well as distribution

transformers, proposed § 431.408 of

today's proposed rule contains

provisions on preemption that are

similar to those in 10 CFR 430.33 for

consumer products. However, for

commercial refrigerators, freezers, and

refrigerator-freezers, as well as

automatic commercial ice makers and

commercial clothes washers, EPCA sets

schedules for DOE to issue rules as to

amendment of the initial standards, and

suspends preemption during certain

periods for any equipment for which

DOE does not issue such a rule on

schedule. 42 U.S.C. 6313(c)(5), (d)(3),

and (e)(2), and 6316(e)(4), (f)(3), and

(g)(1). The Department references these

limitations on preemption in proposed

section 431.408 of 10 CFR Part 431.

42195

V. Corrections to the Recent Technical

Amendment to DOE's Energy

Conservation Standards

In the final rule that will result from

today's notice, the Department intends

to incorporate minor revisions to the

October 18, 2005, final rule in which it

adopted a technical amendment to its

energy conservation standards for

certain consumer products and

commercial and industrial equipment.

70 FR 60407. These revisions consist of

editorial corrections, corrections to

errors in fact, and clarifying language.

Each of the revisions will be added to

the appropriate section of the CFR in the

final rule. Because the revisions will

simply conform DOE's regulations to

EPACT 2005's recent amendments to

EPCA, DOE neither is required to seek,

nor seeks, public comment on them.

The corrections and clarifications to the

October 2005 final rule are as follows:

1. In section 430.2, in the definition

of "Dehumidifier," DOE will change

"and mechanically encased assembly"

to "and mechanically refrigerated

encased assembly." The definition now

in section 430.2 is the same as the

definition in EPACT 2005. The EPACT

2005 definition, however, appears to be

drawn from definitions in ANSI/ADAM

Standard DH-1-2003 and the ENERCI

STAR program, both of which include

the word "refrigerated." The

Department also believes that an

assembly is not properly described as

"mechanically encased." Therefore, the

Department will add the word

"refrigerated," as indicated, as a

clarifying modification to the definition

of "Dehumidifier."

2. In § 430.32(u). the Department will

make the following changes in the table

on standards for medium base CFLs:

a. In the "Requirements" column and

opposite "Lamp Power (Watts) &

Configuration," change "Minimum

Efficiency: lumen/watt" to "Minimum

Efficacy: lumens/watt."

b. In the "Factor" column, change

"Base Lamp" to "Bare Lamp."

c. In the "Factor" column, delete the

reference to "Covered Lamp (with

reflector)," "Lamp Power <20." and

"Lamp Power >20" because these

products are not covered under EPACT

2005. Correspondingly, delete "33.0

and "40.0 " from the "Requirements"

column.

d. In the "Requirements" column,

opposite "Average Rated Lamp Life,"

delete "and qualification form." The

clause would then read. "as declared by

the manufacturer on packaging."

e. In footnote 1. change "in the base

up an/or" to "in the base up and/or."

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3. In section 431.97(b), the

Department will make the following

changes:

a. In the text preceding Table 1 in

paragraph (a), the Department will add

the words "in the case of air-cooled

equipment with a capacity greater than

65,000 Btu per hour," after the date

"January 1, 2010." This change is

needed because the new standards

promulgated in section 136(b)(5) of'

EPACT 2005 for commercial package

air-conditioning and heating equipment

apply only to air-cooled equipment

larger than 65,000 Btu per hour. (42

U.S.C. 6313(a)(7)-(9)) The change makes

clear that the minimum cooling

efficiency levels (shown in Table 1) and

minimum heating efficiency levels

(shown in Table 2) for water cooled,

evaporatively cooled, and water-source

equipment with cooling capacities less

than 240.000 Btu/h and air-cooled threephase equipment with cooling

capacities of less than 65,000 Btu/h will

remain applicable after January 1, 2010.

Standards in section 431.97(b) for aircooled equipment also will be updated

after January 1, 2010.

b. In the text preceding the table, the

Department will add the term "Aircooled" at the beginning, and will insert

the words "with cooling capacities

equal to or greater than 65,000 Btu/h

and less than 760.000 Btu/h" after the

date "January 1, 2010." These changes

are needed to more accurately describe

the equipment covered by the efficiency

standards set forth in section 431.97(b).

c. In the table. DOE will change "Very

large commercial package air

conditioning (air-cooled)" to "Very large

commercial package air conditioning

and heating equipment (air-cooled)."

This change will correct the inadvertent

omission of three words. and conforms

the language of the table to that of the

relevant provisions of EPACT 2005.

4. In § 431.226(a) for traffic signal

modules and pedestrian modules.

change the requirements from "a

nominal wattage no greater than" to "a

nominal wattage and maximum wattage

no greater than." This change will

conform the language introducing the

table in section 431.226(a) with the

headings in the table.

Vl. Procedural Requirements

A. Review Under Executive Order

12866, "Regulators, Planning and

Review"

Today's proposed rule is not a

"significant regulatory action" under

section 3(f)(1) of Executive Order 12866,

"Regulatory Planning and Review." 58

FR 51735 (October 4, 1993).

Accordingly, today's action was not

subject to review by the Office of

Information and Regulatory Affairs

(OIRA) in the Office of Management and

Budget (OMB).

B. Review Under the Regulatory

Flexibility Act

The Regulatory Flexibility Act (5

U.S.C. 601 et seq.) requires preparation

of an initial regulatory flexibility

analysis for any rule that by law must

be proposed 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. A regulatory

flexibility analysis` examines the impact

of the rule on small entities and

considers alternative ways of reducing

negative impacts. Also, 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

rulemaking process. 68 FR 7990. The

Department has made its procedures

and policies available on the Office of

General Counsel's Web site: htip://

www.gc.doe.gov.

EPACT 2005 amended EPCA to

incorporate into DOE's energy

conservation program certain consumer

products and commercial and industrial

equipment, including the products for

which DOE is proposing test procedures

in this notice. On October 18, 2005, the

Department published in the Federal

Register a technical amendment to place

in the Code of Federal Regulations the

energy conservation standards, and

related definitions, that Congress

prescribed in EPACT 2005. 70 FR

60407. Today. the Department is

publishing further technical

amendments to certain energy

conservation standards for consumer

products and commercial and industrial

equipment published in the Federal

Register on October 8. 2005. DOE is

proposing to revise the Code of Federal

Regulations to incorporate. essentially

without substantive change, the energy

conservation test procedures that

Congress prescribed or otherwise

identified in EPACT 2005 for certain

consumer products and commercial and

industrial equipment. The Department

is also proposing to adopt test

procedures for consumer products and

commercial and industrial equipment

for which EPACT did not identify

specific test procedures.

The Department reviewed today's

proposed rule under the provisions of

the Regulatory Flexibility Act and the

policies and procedures published on

February 19, 2003. The Department

conducted its examination for the

products and equipment covered under

EPACT 2005 in several groups:

equipment for which EPACT 2005

amended EPCA to direct DOE to adopt

test procedures the statute identifies;

products or equipment for which the

EPACT 2005 amendments to EPCA do

not specifically identify any test

procedure; and products or equipment

for which the EPACT 2005 amendments

mandate that DOE base its test

procedures on test procedures the

statute identifies.

EPACT 2005 establishes specific test

procedures for automatic commercial

ice makers; for commercial refrigerators,

freezers, and refrigerator-freezers for

which the statute prescribes standards;

and for very large commercial package

air conditioning and heating equipment

(240,000 Btu/h through 760,000 Btu/h).

Since EPCA now mandates the test

procedures, they are incorporated into

today's proposed rule. Any costs of

complying with them are imposed by

EPCA and not the rule. For this

equipment, the Department is merely

incorporating by reference into 10 CFR

Part 431 the required test procedures as

the statute directs. Therefore, the

Department concludes that the proposed

rule would not impose a significant

impact on a substantial number of small

businesses producing automatic

commercial ice makers; commercial

refrigerators, freezers, and refrigeratorfreezers; or very large commercial

package air conditioning and heating

equipment (240,000 Btu/h through

760,000 Btu/h).

EPACT 2005 does not prescribe test

procedures for all products and

equipment it addresses. For example,

EPACT 2005 establishes energy

conservation design requirements for

commercial unit heaters. EPACT 2005

also does not prescribe a test procedure

for torchieres and ceiling fan light kits

other than those with medium screw

base or pin-based sockets. However, the

Department is proposing a test

procedure for these two products and is

soliciting stakeholder comment on the

application of the test procedure. The

Department is not aware of any

domestically manufactured torchieres

and ceiling fan light kits other than

those with medium screw base or pinbased sockets. The Department

understands that virtually all torchieres

and ceiling fan light kits other than

those with medium screw base or pinbased sockets sold in the U.S. today are

manufactured either in Mexico or

China. The Regulatory Flexibility Act

requires examination of the impact of a

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proposed rule on only U.S. firms. For

these reasons, the Department certifies

that the rule will not impose a

significant impact on a substantial

number of small businesses producing

unit heaters, torchieres, or ceiling fan

light kits other than those with medium

screw base or pin-based sockets.

For the remaining products and

equipment that EPACT 2005 covers and

today's proposed rule addresses. the

proposed test procedures are based on

test procedures developed and already

in general use by industry. Many

manufacturers have been redesigning

the products and equipment covered

under today's proposed rule, and testing

them for compliance with existing

voluntary performance standards such

as the ENERGY STAR program

requirements, using industry-developed

test procedures that are the basis for the

test procedures in EPACT 2005. These

products and equipment include

dehumidifiers, commercial prerinse

spray valves, illuminated exit signs.

ceiling fan light kits with medium screw

base and pin-based sockets. mediumbase CFLs, traffic signal modules, and

pedestrian modules. To the extent

manufacturers already test their

products for efficiency using the test

procedures identified in EPACT 2005,

and incorporated into today's proposed

rule, to assure that the products meet

existing energy conservation

requirements, manufacturers would

experience no additional burdens if

DOE adopts these test procedures and

requires manufacturers to use then.

Furthermore, as to the test procedures

proposed today that EPACT 2005 directs

DOE to adopt, and arguably for the

proposed test procedures that EPACT

2005 specifically identifies and states

shall be the basis for the DOE test

procedure, any cost of complying with

the proposed rule arises from the

underlying statutory requirement and

not the rule itself. Moreover, for the

products and equipment for which

EPACT 2005 prescribes energy

efficiency standards. implicit in such

requirements is that manufacturers must

test their products to assure compliance

with the standards. For all of these

reasons, DOE believes today's proposed

test procedures would not impose

significant economic costs on

manufacturers, including small

manufacturers, of these products.

Certain products and equipmentceiling fans, battery chargers, external

power supplies, and refrigerated bottled

and canned beverage vending

machines-are the subject of voluntary

standards and/or test procedures but are

not yet covered by DOE energy

conservation standards. The

Department's adoption in this

rulemaking of the test procedures

proposed for these products would

entail even less burden for their

manufactures than described in the

previous paragraph, because these

manufacturers would not be required to

perform testing to establish compliance

with standards. Thus, DOE believes the

proposed rule clearly would not impose

significant economic costs on small

manufacturers of these products.

The proposed rule also has been

drafted to minimize the testing burden

for manufacturers. For example, the

proposed statistical sampling

procedures are based on procedures

established for consumer appliance

products at 10 CPR 430.24. These

procedures are designed to keep the

testing burden on manufacturers as low

as possible, while still providing

confidence that the test results can be

applied to all units of the same basic

model. Also, regardless of whether DOE

prescribes such procedures,

manufacturers would have to assure

themselves that their products comply

with applicable standards. The

Department believes that the proposed

procedures reduce the burden that

manufacturers might undertake, in the

absence of the procedures, to establish

the compliance of their products and

equipment.

As to the proposed maintenance of

records and the compliance reporting

requirements, they are also based largely

on current industry practices for similar

products and equipment under 10 CPR

Part 430 and 10 CPR Part 431. Moreover,

for the products and equipment covered

by this notice, manufacturers

participating in the ENERGY STAR

program already report the energy

performance ofVtheir products to EPA,

and many report such performance to

industry trade associations such as ARI.

The Department also understands that.

as a matter of sound business practice,

manufacturers routinely maintain the

types of records as to product and

equipment testing that today's rule

would require. For all of these reasons.

DOE believes that the cost of complying

with the proposed rule, excluding the

cost inherent in complying with the

applicable energy conservation

standards imposed by EPACT 2005,

would not be significant for small

manufacturers of these products.

Based on the foregoing factual basis.

DOE certifies that this proposed rule

would not have a significant economic

impact on a substantial number of small

entities. The Department invites

comments on this certification.

42197

C. Review Under the Paperwork

Reduction Act

The proposed rule would require

manufacturers of covered consumer

products and commercial and industrial

equipment to maintain records about

how they determined the energy

efficiency or energy consumption of

their products. The proposed rule also

would require manufacturers to make a

one-time submission by each

manufacturer, stating in essence that it

is complying with the applicable energy

conservation standards and test

procedures, as well as certification

reports that set forth the energy

performance of the basic models it

manufactures. The certification reports

are submitted once for each basic

model, either when the requirements go

into effect or when the manufacturer

begins distribution of that model. The

proposed collections of information are

necessary for implementing and

monitoring compliance with the

efficiency standards and testing

requirements for the consumer products

and commercial and industrial

equipment mandated by EPCA.

Under the Paperwork Reduction Act.

an agency may not conduct or sponsor

a collection of information unless the

collection displays a currently valid

OMB control number (44 U.S.C.

3506(c)(1)(B)(iii)(V)). The certification

and recordkeeping requirements for

consumer products in 10 CFR Part 430

have previously been assigned OMB

control number 1910-1400. The

proposed certification and

recordkeeping requirements for the

commercial and industrial equipment in

10 CFR Part 431 must be approved and

assigned a control number by OMB.

DOE has submitted these proposed

certification and recordkeeping

requirements to OMB for review and

approval under the Paperwork

Reduction Act, 44 U.S.C. 3501 et seq.

The following are the DOE estimates

of the total annual reporting and

recordkeeping burden imposed on

manufacturers of commercial and

industrial equipment by today's

proposed rule.

• For ceiling fans the estimated

number of covered manufacturing firms

is 20. The total annual reporting and

recordkeeping burden from compliance

with the proposed rule is expected to be

3,200 hours per year. (20 firms x 160

hours per firm).

For ceiling fan light kits the

estimated number of covered

manufacturing firms is 20. The total

annual reporting and recordkeeping

burden from compliance with the

proposed rule is expected to be 3,200

EERE-2006-DET-0136 COMMENT 01.3
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hours per year. (20 firms x 160 hours

per firm).

• For dehumidifiers the estimated

number of covered manufacturing firms

is 22. The total annual reporting and

recordkeeping burden from compliance

with the proposed rule is expected to be

3,520 hours per year. (22 firms x 160

hours per firm).

• For medium base compact

fluorescent lamps the estimated number

of covered manufacturing firms is 112.

The total annual reporting and

recordkeeping burden from compliance

with the proposed rule is expected to be

17,920 hours per year. (112 firms x 160

hours per firm).

• For torchieres the estimated number

of covered manufacturing firms is 12.

The total annual reporting and

recordkeeping burden from compliance

with the proposed rule is expected to be

1,920 hours per year. (12 firms x 160

hours per firm).

• For unit heaters the estimated

number of covered manufacturing firms

is 15. The total annual reporting and

recordkeeping burden from compliance

with the proposed rule is expected to be

2,400 hours per year. (15 firms x 160

hours per firm).

• For automatic commercial ice

makers the estimated number of covered

manufacturing firms is 10. The total

annual reporting and recordkeeping

burden from compliance with the

proposed rule is expected to be 1,600

hours per year. (10 firms x 160 hours

per firm).

• For commercial prerinse spray

valves the estimated number of covered

manufacturing firms is 5. The total

annual reporting and recordkeeping

burden from compliance with the

proposed rule is expected to be 800

hours per year. (5 firms x 160 hours per

firm).

• For illuminated exit signs the

estimated number of covered

manufacturing firms is 15. The total

annual reporting and recordkeeping

burden from compliance with the

proposed rule is expected to be 7,840

hours per year. (49 firms x 160 hours

per firm).

• For traffic signal modules and

pedestrian modules, the estimated

number of covered manufacturing firms

is 8. The total annual reporting and

recordkeeping burden from compliance

with the proposed rule is expected to be

1,280 hours per year. (8 firms x 160

hours per firm).

• For very large commercial package

air-conditioning and heating equipment,

the estimated number of covered

manufacturing firms is 15. The total

annual reporting and recordkeeping

burden from compliance with the

proposed rule is expected to be 2,400

hours per year. (15 firms x 160 hours

per firm).

• For commercial refrigerators,

freezers, and refrigerator-freezers, the

estimated number of covered

manufacturing firms is 23. The total

annual reporting and recordkeeping

burden from compliance with the

proposed rule is expected to be 3,680

hours per year. (23 firms x 160 hours

per firm).

In developing the burden estimates,

DOE considered that each manufacturer

is required to comply with the statutory

energy efficiency standards for each

type of commercial and industrial

equipment it is manufacturing on the

effective date of the Act, and for each

model it begins to manufacture after that

date. The required certification would

contain the type of information that

many manufacturers already submit to

trade associations or government

agencies, such as the Environmental

Protection Agency under the ENERGY

STAR program. Those manufacturers

should be able to comply with the

proposed certification without undue

burden. Moreover, DOE understands

that manufacturers already maintain the

types of records the proposed rule

would require them to keep.

The Department believes the

collection of information required by

this proposed rule is the least

burdensome method of meeting the

statutory requirements and achieving

the program objectives of the DOE

compliance certification program for

these products and equipment.

Nevertheless, the Department invites

comments concerning the estimated

paperwork reporting burden. DOE is

particularly interested in comments on

the accuracy of DOE's burden estimates

and on any means of minimizing the

burden of the collection of information

on manufacturers that must comply

with the certification and recordkeeping

requirements. Send comments to the

Department in accordance with the

instructions in the DATES and ADDRESSES

sections and section VI1.D. of this notice

of proposed rulemaking, and to the

Office of Information and Regulatory

Affairs, Office of Management and

Budget, Washington, DC 20503, marked

"Attention: Desk Officer for DOE."

D. Review Under the National

Environmental Policy Act of 1969

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 the Department's

implementing regulations at 10 CFR part

1021. Specifically, this rule establishing

test procedures will not affect the

quality or distribution of energyand

will not result in any environmental

impacts, and, therefore, is covered by

the Categorical Exclusion in paragraph

A6 to subpart D, 10 CFR part 1021.

Accordingly, neither an environmental

assessment nor an environmental

impact statement is required.

E. Review Under Executive Order 13132,

"Federalism

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 developing

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

developing such regulations; 65 FR

13735. DOE examined this proposed

rule and determined that it does 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. Executive Order

13132 requires no further action.

F. Review Under Executive Order 12988,

"Civil Justice Reform"

With respect to the review of existing

regulations and the promulgation of

new regulations, section 3(a) of

Executive Order 12988, "Civil Justice

Reform." 61 FR 4729 (February 7, 1996),

imposes on Federal agencies the 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

EERE-2006-DET-0136 COMMENT 01.3
Federal Register/Vol. 7

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 proposed

rule meets the relevant standards of

Executive Order 12988.

G. Reviern' Under the Unfunded

Mandates Reform Act of 1995

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA) (Pub. L.

104-4) requires each Federal agency to

assess the effects of Federal regulatory

actions on State, local, and Tribal

governments and the private sector. For

a proposed regulatory action likely to

result in a rule that may cause

expenditures 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) and

(b). The UMRA 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." The

UMRA also requires an agency plan for

giving notice and opportunity for timely

input to small governments that may be

affected before establishing a

requirement that might significantly or

uniquely affect them. On March 18,

1997, DOE published a statement of

policy on its process for

intergovernmental consultation under

UMRA (62 FR 12820) (also available at

http://wu,w.gc.doe.gov). Today's

proposed 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 under

the Unfunded Mandates Reform Act do

not apply.

H. Review Under the Treasury and

General Government Appropriations

Act of 1999

Section 654 of the Treasury and

General Government Appropriations

Act. 1999 (Pub-. L. 105-277) requires

No. 142/Tuesday, July 25, 2006/Proposed Rules 42199

Federal agencies to issue a Family

Policymaking Assessment for any rule

that may affect family well-being.

Today's proposed rule would not have

any impact on the autonomy or integrity

of the family as an institution.

Accordingly, DOE has concluded that it

is unnecessary to prepare a Family

Policymaking Assessment.

1. Review Under Executive Order 12630,

"Governmental Actions and

Interference With Constitutionally

Protected Property Rights"

The Department has determined,

under Executive Order 12630,

"Governmental Actions and Interference

with Constitutionally Protected Property

Rights." 53 FR 8859 (March 18, 1988),

that this rule would not result in any

takings that might require compensation

under the Fifth Amendment to the

United States Constitution.

J. Review Under the Treasury and

General Government Appropriations

Act of 2001

Section 515 of the Treasury and

General Government Appropriations

Act of 2001 (44 U.S.C. 3516) provides

for agencies to review most

disseminations of information to the

public under guidelines each agency

establishes pursuant to general

guidelines issued by OMB." OMB's

guidelines were published at 67 FR

8452 (February 22, 2002); DOE's

guidelines were published at 67 FR

62446 (October 7, 2002). The DOE has

reviewed today's notice 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,

"Actions Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use"

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 the Office of

Information and Regulatory Affairs

(OIRA) of the Office of Management and

Budget a Statement of Energy Effects for

any proposed significant energy action.

A "significant energy action" is defined

as any action by an agency that

promulgated a final rule or is expected

to lead to promulgation of a final rule,

and that: (1) Is a significant regulatory

action under Executive Order 12066, 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 proposed significant energy action,

the agency must give a detailed

statement of any adverse effects on

energy supply, distribution, or use

should the proposal be implemented,

and reasonable alternatives to the action

and their expected benefits on energy

supply, distribution , and use. Because

this proposed rule would not have a

significant adverse effect on the supply,

distribution, or use of energy, the rule

is not a significant energy action.

Accordingly, DOE has not prepared a

Statement of Energy Effects.

L. Review Under Section 32 of the

Federal Energy Administration (FEA)

Act of 1974

Under section 301 of the Department

of Energy Organization Act (Pub. L. 95-

91), the Department of Energy 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. Section 32

provides, in essence 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

Department of justice (DOJ) and th(

Federal Trade Commission (FTC)

concerning the impact of the

commercial or industry standards on

competition.

The rules proposed in this notice

incorporate certain commercial

standards which EPCA requires as the

basis for DOE's test procedures. These

include testing standards referenced by

ASHRAE, ENERGY STAR, ANSI,

ARAM, ITE, ASTM, and ARI. "The

ENERGY STAR Testing Facility

Guidance Manual: Building a Testing

Facility and Performing the Solid Stat

Test Method for ENERGY STAR

Qualified Ceiling Fans." includes

testing standards for the measurement of

airflow efficiency of ceiling fans. The

"ENERGY STAR Program Requirements

for RLFs," version 4.0. includes testing

standards for the measurement of the

efficacy of pin-based fluorescent lamps

that are packaged with ceiling fan light

kits. The "ENERGY STAR Program

Requirements for CFLs." version 3.0,

includes testing standards for the

measurement of the efficacy of ceiling

fan light kits with medium screw-base

lamps. ANSI/AHAM HRF-1-1979.

"Association of Home Appliance

Manufacturers Standard for Household

Refrigerators, Combination RefrigeratorFreezers, and Household Freezers."

includes testing standards for the

measurement of the minimum energy

EERE-2006-DET-0136 COMMENT 01.3
42200 Federal Register /Vol. 71, No. 142 /Tuesday, July 25, 2006 / Proposed Rules

factor for dehumidifiers. The "ENERGY

STAR Program Requirements for CFLs,"

August 9 version, includes testing

standards for the measurement of the

initial efficacy, lumen maintenance at

1000 hours, 40 percent of rate life, rapid

cycle stress, and lamp life of medium

base compact fluorescent lamps. ARI

Standard 810-2003, "Performance

Rating of Commercial Ice Makers," and

ASHRAE Standard 29-1988 (RA 2005),

"Methods of Testing Automatic Ice

Makers," include testing standards for

the measurement of the maximum

energy use and the maximum condenser

water use of commercial ice makers.

ASTM Standard F2324-2003, "Standard

Test Method for Prerinse Spray Valves,"

includes testing standards for the

measurement of the flow rate of

commercial prerinse spray valves. The

"ENERGY STAR Program Requirements

for Illuminated Exit Signs." version 2.0,

include testing standards for the

measurement of the input power

demand for illuminated exit signs. The

"ENERGY STAR Program Requirements

for Traffic Signals," version 1.1, and the

ITE "Vehicle Traffic Control Signal

Heads: Light Emitting Diode (LED)

Circular Signal Supplement," Part 2,

1985, include testing standards for the

measurement of the maximum wattage

and nominal wattage of traffic signal

modules and pedestrian modules.

ASHRAE Standard 32.1-2004.

"Methods of Testing for Rating Vending

Machines for Bottled, Canned, and

Other Sealed Beverages," include

testing standards for the measurement of

the daily energy consumption in

beverage vending machines. ASHRAE

Standard 72-2005, "Method of Testing

Commercial Refrigerators and Freezers."

includes testing standards for the

measurement of the daily energy

consumption of certain commercial

refrigerators, freezers, and refrigeratorfreezers. In these instances, the

Department has some discretion to

depart from the ASHRAE, ENERGY

STAR, ANSI, AHAM, ITE, ASTM, and

ARI standards referenced in EPACT

2005, because the DOE test procedures

must be "reasonably designed to

produce test results which measure

energy efficiency, energy use. * * * or

estimated annual operating cost

during a representative average use

cycle or period of use, * * * and shall

not be unduly burdensome to conduct."

(42 U.S.C. 6293(b)(3), 42

U.S.C.6314(a)(2)) In addition, all DOE

test procedures must be clear and

complete so that they are

understandable to manufacturers who

must certify test results. DOE has

reviewed these industry test standards

to ensure that EPCA's statutory criteria

are met and that DOE's proposals are

clear and complete. Today's rule

contains proposed test procedures based

on the required test standards

enumerated in EPACT 2005, with

certain modifications that have been

explained in this document. Because

EPCA, not today's proposed rule,

requires the use of these commercial

standards, section 32 of the FEAA does

not apply to them. DOE lacks any

discretion not to use these standards as

the basis of its regulations.

The only test standards incorporated

in this proposed rule that are not

referenced by EPACT 2005 are ARI

Standard 1200-2006, "Performance

Rating of Commercial Refrigerated

Display Merchandisers and Storage

Cabinets," for the measurement of the

energy consumption of ice -cream

freezers, refrigerators, freezers, and

refrigerator-freezers with a selfcontained condensing unit and without

doors, and commercial refrigerator,

freezers, and refrigerator-freezers with a

remote condensing unit; AR] Standard

340/360-2004, "Performance Rating of

Commercial and Industrial Unitary AirConditioning and Heat Pump

Equipment," for the measurement of the

energy efficiency ratio and coefficient of

performance of certain commercial

unitary air-conditioning and heat pump

equipment; the "ENERGY STAR Test

Methodology for Determining the

Energy Performance of Battery Charging

Systems," December 2005; the IEEE

Standard 1515-2000, "IEEE

Recommended Practice for Electronic

Power Subsystems: Parameter

Definitions, Test Conditions, and Test

Methods," for the measurement of the

energy consumption of battery chargers;

the "ENERGY STAR Test Method for

Calculating the Energy Efficiency of

Single-Voltage External Ac-Dc and AcAc Power Supplies," August 11, 2004,

for the measurement of the energy

consumption of external power

supplies; and the IESNA Standard LM

45-2000, "Approved Method for

Electrical and Photometric

Measurements of General Service

Incandescent Filament Lamps," for the

measurement of the total wattage of

ceiling fan light kits packaged with

lamps other than medium-screw base

and pin-based and torchieres. Although

Congress in EPACT 2005 did not require

DOE to use these industry test

procedures as the basis for DOE's own

test procedures. the Department believes

that they offer a reasonable basis for

constructing new DOE test procedures.

However, the Department has evaluated

these standards and is unable to

conclude whether they fully comply

with the requirements of section 32(b) of

the Federal Energy Administration Act,

(i.e., that they were developed in a

manner that fully provides for public

participation, comment and review).

DOE will consult with the Attorney

General and the Chairman of the FTC

concerning the impact of these test

procedures on competition, prior to

prescribing a final rule.

VII. Public Participation

A. Attendance at Public Meeting

The time and date of the public

meeting are listed in the DATES section

at the beginning of this notice of

proposed rulemaking. The public

meeting will be held at the U.S.

Department of Energy, Forrestal

Building, Room 1E-245, 1000

Independence Avenue, SW.,

Washington, DC 20585-0121. To attend

the public meeting, please notify Ms.

Brenda Edwards-Jones at (202) 586-

2945. Foreign nationals visiting DOE

Headquarters are subject to advance

security screening procedures, requiring

a 30-day advance notice. Any foreign

national wishing to participate in the

meeting should contact Ms. Brenda

Edwards-Jones as soon as possible to

initiate the necessary procedures.

B. Procedure for Submitting Requests To

Speak

Any person who has an interest in

today's notice, or who is a

representative of a group or class of

persons that has an interest in these

issues, may request an opportunity to

make an oral presentation. Such persons

may hand-deliver requests to speak, to

the address shown in the ADDRESSES

section at the beginning of this notice

between 9 a.m. and 4 p.m., Monday

through Friday, except Federal holidays.

Requests may also be sent by mail or email to: Ms. Brenda Edwards-Jones, U.S.

Department of Energy, Building

Technologies Program, Room 1J-018,

1000 Independence Avenue, SW.,

Washington, DC 20585-0121, or

Breiido.Edwards-jones@ee.doe.gov.

Persons who wish to speak should

include a computer diskette or CD in

WordPerfect, Microsoft Word, PDF, or

text (ASCII) file format that briefly

describes the nature of their interest in

this rulemaking and the topics they

wish to discuss, and provides a

telephone number for contact. The

Department requests that those persons

who are selected to speak submit a copy

of their statements at least two weeks

before the public meeting. DOE may

permit any person who cannot supply

an advance copy to participate, if that

EERE-2006-DET-0136 COMMENT 01.3
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Federal Register /Vol. 71, No. 142 /Tuesday, July 25, 2006 /Proposed Rules

person has made alternative

arrangements with the Building

Technologies Program in advance. The

request to give an oral presentation

should ask for such alternative

arrangements.

C. Conduct of Public Meeting

The Department will designate a DOE

official to preside at the public meeting

and may also employ a professional

facilitator to aid discussion. The

meeting will not be a judicial or

evidentiary public hearing, but DOE

will conduct it in accordance with 5

U.S.C. 553 and section 336 of EPCA, 42

U.S.C. 6306. A court reporter will record

the proceedings and prepare a

transcript. The Department reserves the

right to schedule the order of

presentations and to establish the

procedures governing the conduct of the

public meeting. After the public

meeting, interested parties may submit

further comments on the proceedings

and on any aspect of the rulemaking

until the end of the comment period.

At the public meeting, the Department

will present summaries of comments

received before the public meeting,

allow time for presentations by

participants, and encourage all

interested parties to share their views on

issues affecting this rulemaking. Each

participant may present a prepared

general statement (within time limits

determined by DOE) before the

discussion of specific topics. Other

participants may comment briefly on

any general statements.

At the end of all the prepared

statements, participants may clarify

their statements briefly and comment on

statements made by others. Participants

should be prepared to answer questions

from DOE and other participants.

Department representatives may also

ask questions about other matters

relevant to this rulemaking. The official

conducting the public meeting will

accept additional comments or

questions from those attending, as time

permits. The presiding official will

announce any further procedural rules

or modification of procedures needed

for the proper conduct of the public

meeting.

The Department will make the entire

record of this proposed rulemaking,

including the transcript from the public

meeting, available for inspection at the

U.S. Department of Energy, Forrestal

Building, Room 1)-018 ( Resource Room

of the Building Technologies Program),

1000 Independence Avenue. SW.,

Washington, DC 20585-0121. (202) 586-

9127. between 9:00 a.m. and 4 p.m.,

Monday through Friday. except Federal

holidays. Anyone may purchase a copy

of the transcript from the transcribing

reporter.

D. Submission of Comments

The Department will accept

comments, data, and information about

the proposed rule no later than the date

provided at the beginning of this notice.

Please submit comments, data, and

information electronically to http://

www.regulotions.gov or

testproced ures_EPACT2005@ee.doe.gov.

Please submit electronic comments in

WordPerfect, Microsoft Word, PDF, or

text (ASCII) file format, and avoid the

use of special characters or any form of

encryption. Comments in electronic

format should be identified by the

docket number EE-RM/TP-500 and/or

RIN number 1904-AB53, and wherever

possible carry the electronic signature of

the author. Absent an electronic

signature , comments submitted

electronically must be followed and

authenticated by submitting the signed

original paper document. No

telefacsimiles ( faxes) will be accepted.

According to 10 CFR 1004.11, any

person submitting information that he

or she believes to be confidential and

exempt by law from public disclosure

should submit two copies: one copy of

the document including all the

information believed to be confidential,

and one copy of the document without

the information believed to be

confidential. The Department of Energy

will make its own determination about

the confidential status of the

information.

When determining whether to treat

submitted information as confidential,

the Department considers: (1) A

description of the items; (2) whether

and why such items are customarily

treated as confidential within the

industry; (3) whether the information is

generally known by or available from

other sources; (4) whether the

information has previously been made

available to others without obligation

concerning its confidentiality; (5)

whether the submitting person would

suffer competitive injury from public

disclosure; (6) when such information

might lose its confidential character due

to the passage of time: and (7) why

disclosure of the information would be

contrary to the public interest.

E. Issues on ]Which DOE Seeks Comment

EPACT 2005 requires certain test

procedures by directive. However, in

certain cases where EPACT 2005 has

been unclear or refers to an ENERGY

STAR test procedure as a basis for

testing, it also allows some latitude for

adopting the most recent version ofthe

test procedure. In such cases, the

42201

Department is interested in receiving

comments and data concerning the

accuracy and workability of the test

procedures in today's proposed rule.

Also, because the proposed test

procedures will become codified under

either 10 CFR Part 430 or 10 CFR Part

431, and will be covered under

sampling, certification, and other

established regulatory protocols, the

Department seeks comment on these

matters. In particular, the Department

invites comments on the following:

1. The Department proposes sampling

procedures for consumer products that

are consistent with the procedures set

forth in 10 CFR Part 430, "Units to be

tested." The Department is also

proposing sampling procedures for

certain commercial and industrial

equipment that are consistent with the

methods used for consumer products. Is

the Department's proposed approach to

statistical sampling appropriate both for

consumer products and commercial and

industrial equipment ? Are the sampling

plans suggested for certain consumer

products and commercial and industrial

equipment accurate and workable? More

specifically, are the proposed

confidence limits and coefficients

included for each of the products

appropriate? See section 1V.A for furiher

details.

2. The Department is proposing to

require that manufacturers provide a

compliance statement and certification

report on distribution transformers for

which minimum efficiency standards

are in effect. The Department

specifically seeks comment on the

certification report approach for

distribution transformers that was

adapted from electric motors. Will this

proposed reporting regimen ensure

compliance certification without

imposing an undue reporting burden?

See section lV.C for details.

3. Should the approach for

determining certification and

enforcement provisions under 10 CFR

Part 430 for consumer products be

applied to 10 CFR Part 431 for the

commercial and industrial equipment?

See section IV.B for details.

4. Should the Department revise the

test procedure version specified by

EPACT 2005 for ceiling fan light kits

with pin-based sockets for fluorescent

lamps to incorporate by reference the

test procedures specified in the

"ENERGY STAR Program Requirements

for RLFs," version 4.0? Would adopting

version 4.0 reconcile the apparent

inconsistency in the EPACT 2005

provisions for standards and test

procedures? See section lI1.A.2 for

details.

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5. The Department is proposing to

interpret the standards required by

EPACT 2005 for ceiling fan light kits

with sockets other than medium screw

base or pin-based as energy efficiency

requirements rather than design

standards. Should the test procedures

for these products be IESNA LM-45-00?

See section III.A.2 for details.

6. Should the test procedure specified

in EPACT 2005 for medium base CFLs

be updated to the "ENERGY STAR

Program Requirements for CFLs,"

version 3.0, to obviate the need to test

essentially the same product by two

different testing methods? See sections

III.A and III.C for details.

7. Can the terms "lumen

maintenance" and "lumen

depreciation" be interpreted as

synonymous for the purposes of

specifying and testing the photometric

performance properties of medium base

CFLs? See section lII.C for details.

8. The Department is proposing to

interpret the standards required by

EPACT 2005 for torchieres as energy

efficiency requirements. Should the test

procedures for these products be IESNA

LM-45-00? See section Ill.D for details.

9. Are there any technical reasons for

developing requirements for maximum

and nominal wattage in the test

procedure for pedestrian modules that

differ from the requirements for traffic

signal modules? Are the proposed

definitions describing the nominal and

maximum wattage of traffic signal

modules and pedestrian modules

sufficient? See section 111.1 for details.

10. Section 135(b)(1) of EPACT 2005

prescribes test procedures for traffic

signal and pedestrian modules that

correspond to the VTCSN Part 2 (1985).

The Department is proposing to adopt

VTCSH Part 2 (1985). However, the

Department recognizes that ITE recently

published a new version of the VTCSH

specifications (VTCSH (2005)). Should

the Department revise the test procedure

requirements to be consistent with the

most current version of the ITE test

procedures for these products, which is

VTCSH (2005)? If so, the Department

requests comment on the specific

sections of VTCSH (2005) that would

clarify the test requirements,

specifically test conditions, for

measuring the nominal and maximum

wattage and can be specified in the rule

language that accompanies the

specifications in VTCSH (2005)? See

section 111.1 for details.

11. is the proposed test procedure.

ARI Standard 1200-2006, sufficient for

ice-cream freezers; commercial

refrigerators, freezers, and refrigeratorfreezers with a self contained

condensing unit and without doors; and

commercial refrigerators, freezers, and

refrigerator-freezers with a remote

condensing unit sufficient? In addition,

is the proposed definition for ice-cream

freezers sufficient? See section TILL for

details.

12. The Department incorporated the

full test duration (48 hours) from the

ENERGY STAR test procedure for

battery chargers and requests comments

on this proposal. Is the Department's

proposed scope of coverage for the

battery charger test method appropriate,

especially the power range of battery

chargers of consumer products (2-300

watts)? Is it appropriate that the

Department only require testing at the

input voltage/frequency combination of

115 volts and 60 hertz? Finally, the

Department proposes adding a

requirement in section 3 of Appendix Y

to Subpart B of Part 430 that addresses

the capability of testing equipment to

account for crest factor and frequency

spectrum in the measurement, in

addition to the other ENERGY STAR

requirements specified in section 4.0 of

the ENERGY STAR test methodology for

battery chargers and request comments:

"The test equipment must be capable of

accounting for crest factor and

frequency spectrum in its measurement

of the UUT input current." See section

III.M.1 for details.

13. The Department seeks comments

on the proposed scope of coverage for

the external power supply test method.

especially the nameplate-output power

value of less than, or equal to, 250 watts.

Are the loading points as defined by the

ENERGY STAR test procedure for

external power supplies, namely, 25

percent, 50 percent, 75 percent, and 100

percent of rated current output,

sufficient? Should the Department only

require testing at the input voltage/

frequency combination of 115 volts and

60 hertz? See section IlI.M.2 for details.

14. Are there any other factors that the

Department should consider when

determining whether the incremental

costs of complying with today's

proposed test procedure rule would

impose a significant economic impact

on small businesses for the consumer

products and commercial and industrial

equipment specified in this proposed

rule? See section IV.B for details.

VIII. Approval of the Office of the

Secretary

The Secretary of Energy has approved

publication of today's proposed rule.

List of Subjects

10 CFR Part 430

Administrative practice and

procedure, Energy conservation test

procedures, Household appliances,

Incorporation by reference.

10 CFR Part 431

Administrative practice and

procedure, Commercial products,

Energy conservation test procedures,

Incorporation by reference.

Issued in Washington, DC, on June 30,

2006.

Richard F. Moorer,

DepulvAssistant Secretary, Technology

Development, Energy Efficiency and

Renewable Energy.

For the reasons stated in the

preamble, DOE proposes to amend

Chapter II, Subchapter D, of Title 10 of

the Code of Federal Regulations as set

forth below:

PART 430-ENERGY CONSERVATION

PROGRAM FOR CONSUMER

PRODUCTS

1. The authority citation for part 430

continues to read as follows:

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

2461 note.

2. Section 430.2 is amended by:

a. Adding to the definition of "basic

model" paragraphs (21) through (27).

b. Revising the definition of "covered

product."

c. Adding in alphabetical order the

definition of "Battery charger,"

"External power supply," and "Pinbased."

The revisions and additions read as

follows:

§430.2 Definitions.

* * * * *

Basic model * * *

(21) With respect to ceiling fans,

which have electrical characteristics

that are essentially identical, and which

do not have any differing physical or

functional characteristics that affect

energy consumption.

(22) With respect to ceiling fan light

kits. which have electrical

characteristics that are essentially

identical, and which do not have

differing physical or functional

characteristics that affect energy

consumption.

(23) With respect to medium base

compact fluorescent lamps, which have

electrical characteristics that are

essentially identical, and which do not

have any differing physical or

functional characteristics that affect

energy consumption.

(24) With respect to dehumidifiers,

which have electrical characteristics

that are essentially identical, and which

do not have any differing physical or

functional characteristics that affect

energy consumption.

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(25) With respect to battery chargers,

which have electrical characteristics

that are essentially identical , and which

do not have any different physical or

functional characteristics that affect

energy consumption.

(26) With respect to external power

supplies, which have electrical

characteristics that are essentially

identical , and which do not have any

different physical or functional

characteristics that affect energy

consumption.

(27) With respect to torchieres, which

have electrical characteristics that are

essentially identical , and which do not

have any different physical or

functional characteristics that affect

energy consumption.

* * * *

Battery charger means a device that

charges batteries for consumer products,

including battery chargers embedded in

other consumer products.

* * * * *

Covered product means a consumer

product:

(1) Of a type specified in section 322

of the Act, or

(2) That is a ceiling fan, ceiling fan

light kit, medium base compact

fluorescent lamp, dehumidifier , battery

charger , or external power supply.

* * * * *

External power supply means an

external power supply circuit that is

used to connect household electric

current into DC current or lower-voltage

AC current to operate a consumer

product.

* * * * *

Pin-based means a fluorescent lamp

with a plug-in lamp base, including

multi-tube, multibend, spiral, and

circline types.

* * * * *

3. Section 430.22 is amended by:

a. Adding new paragraphs (b)(1) 9.,

and 10.

b. Adding new paragraphs (b)(2) 8., 9.,

10., 11., and 12.

c. Revising paragraph (b)(7).

d. Adding new paragraphs (b)(9),

(b)(10), and (b)(11).

The revision and additions read as

follows:

§ 430.22 Reference sources.

* * * * *

(b) * * *

(1) * * *

9. American National Standards Institute

(ANSI) Standard C78.5-1997, "Specifications

for Performance of Self-Ballasted Compact

Fluorescent Lamps."

10. American National Standards Institute

(ANSI) Standard C78.375-1997. "Guide for

Electrical Measurements of Fluorescent

Lamps." -

(2) * * *

8. Illuminating Engineering Society of

North America (IESNA) LM 9-1999,

"Electrical and Photometric Measurements of

Fluorescent Lamps."

9. Illuminating Engineering Society of

North America (IESNA) LM 40-2001.

"Approved Method for Life Performance

Testing of Fluorescent Lamps."

10. Illuminating Engineering Society of

North America (IESNA) LM 65-2001. "Life

Testing of Single-Ended Compact Fluorescent

Lamps."

11. Illuminating Engineering Society of

North America (IESNA) LM 66-2000.

"Approved Method for the Electrical and

Photometric Measurements of Single-Ended

Compact Fluorescent Lamps."

12. Illuminating Engineering Society of

North America (IESNA) LM 45-2000,

"Approved Method for Electrical and

Photometric Measurements of General

Service Incandescent Filament Lamps."

* * * * *

(7) Association of Home Appliance

Manufacturers (AHAM), 1111 19th

Street, NW., Suite 402, Washington, DC

20036, (202) 872-5955.

1. American National Standards Institute

(ANSI)/ARAM DW-1-1992, "Household

Electric Dishwashers."

* * * * *

(9) Environmental Protection Agency

(EPA), Ariel Rios Building, 1200

Pennsylvania Avenue, NW..

Washington, DC 20460, (202) 272-0167.

1. "ENERGY STAR Testing Facility

Guidance Manual: Building a Testing Facility

and Performing the Solid State Test Method

for ENERGY STAR Qualified Ceiling Fans."

Version 1.1.

2. "ENERGY STAR Program Requirements

for Residential Light Fixtures," Version 4.0.

3. "ENERGY STAR Program Requirements

for Dehumidifiers," January 1, 2001.

4. "Test Methodology for Determining the

Energy Performance of Battery Charging

Systems," December 2005.

5. "Test Method for Calculating the Energy

Efficiency of Single-Voltage External Ac-Dc

and Ac-Ac Power Supplies," August 11.

2004.

(10) U.S. Department of Energy, Office

of Energy Efficiency and Renewable

Energy, Forrestal Building, Room IJ-018

(Resource Room of the Building

Technologies Program), 1000

Independence Avenue, SW..

Washington, DC 20585-0121. (202) 586-

9127.

1. "ENERGY STAR Program Requirements

for Compact Fluorescent Lamps.' Version

3.0.

2. "ENERGY STAR Program Requirements

for Compact Fluorescent Lamps Version

August 9, 2001.

(11) Institute of Electrical and

Electronics Engineers (IEEE). 3 Park

Avenue, 17th Floor. New York. NY

10016-5997,(212)419-7900

1. IEEE Std 1515-2000, "IEEE

Recommended Practice for Electronic Power

Subsystems: Parameter Definitions, Test

Conditions, and Test Methods."

4. Section 430.23 is amended by

revising the section heading, adding

new paragraphs (w), (x), (y), (z), (aa).

(bb), (cc) to read as follows:

§ 430.23 Test procedures for the

measurement of energy and water

consumption.

* * * * *

(w) Ceiling fans. The airflow and

airflow efficiency for ceiling fans,

expressed in cubic feet per minute

(CFM) and CFM per watt (CFM/watt).

respectively, shall be measured in

accordance with section 4 of Appendix

U of this subpart.

(x) Ceiling fan light kits. (1) The

efficacy, expressed in lumens per watt

(lumens/watt), for ceiling fan light kits

with sockets for medium screw base

lamps or pin-based fluorescent lamps

shall be measured in accordance with

section 4 of Appendix V of this subpart.

(2) The power consumption,

expressed in watts (W), for ceiling fan

light kits with sockets for lamps other

than medium screw base lamps or pinbased fluorescent lamps shall be

measured in accordance with section 4

of Appendix V of this subpart.

(y) Medium Base Compact

Fluorescent Lamps. The initial efficacy,

lumen maintenance at 1,000 hours.

lumen maintenance at 40-percent of

rated life, rapid cycle stress test, and

lamp life shall be measured in

accordance with section 4 of Appendix

\'V of this subpart.

(z) Dehumidifiers. The energy factor

for dehumidifiers, expressed in liters

per kilowatt hour (L/kWh), shall be

measured in accordance with section 4

of Appendix X of this subpart.

(aa) Battery Chargers. The energy

consumption of a battery charger,

expressed as the nonactive energy ratio,

shall be measured in accordance with

section 4 of Appendix Y of this subpart.

(bb) External Pou'er Supplies. The

energy consumption of an external

power supply, which is a function of the

active mode efficiency in a percentage,

and the no-load energy consumption in

watts, shall be measured in accordance

with section 4 of Appendix Z of this

subpart.

(cc) Torchieres. The power

consumption for Iorchieres, expressed

in watts (W), shall be measured in

accordance with section 4 of Appendix

AA of this subpart.

5. Section 430.24 is amended by

revising the introductory paragraph and

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by adding new paragraphs (w), (x), (y),

(z), (aa), (bb ), and (cc ) to read as follows:

§ 430.24 Units to be tested.

When testing of a covered product is

required to comply with section 323(c)

of the Act, or to comply with rules

prescribed under sections 324 or 325 of

the Act, a sample shall be selected and

tested comprised of units, or are

representative of production units of the

basic model being tested, and shall meet

the following applicable criteria.

Components of similar design may be

substituted without requiring additional

testing if the represented measures of

energy consumption, or, in the case of

showerheads, faucets, water closets and

urinals, water use, continue to satisfy

the applicable sampling provision.

(w) For each basic model of ceiling

fan with sockets for medium screw base

lamps or pin-based fluorescent lamps

selected for testing, a sample of

sufficient size shall be selected at

random and tested to ensure that-

(1) Any represented value of

estimated energy consumption or other

measure of energy consumption of a

basic model for which consumers would

favor lower values shall be no less than

the higher of;

(i) The mean of the sample, or

(ii) The upper 95 percent confidence

limit of the true mean divided by 1.10.

and

(2) Any represented value of the

airflow efficiency or other measure of

energy consumption of a basic model for

which consumers would favor higher

values shall be no greater than the lower

of:

(i) The mean of the sample, or

(ii) The lower 95 percent confidence

limit of the true mean divided by 0.90.

(x) For each basic model of ceiling fan

light kit with sockets for medium screw

base lamps or pin-based fluorescent

lamps selected for testing, a sample of

sufficient size shall be selected at

random and tested to ensure that-

(1) Any represented value of

estimated energy consumption or other

measure of energy consumption of a

basic model for which consumers would

favor lower values shall be no less than

the higher of;

(i) The mean of the sample, or

(ii) The upper 97.5 percent confidence

limit of the true mean divided by 1.05.

and

(2) Any represented value of the

efficacy or other measure of energy

consumption of a basic model for which

consumers would favor higher values

shall be no greater than the lower of.

(i) The in call of the sample, or

(ii) The lower 97.5 percent confidence

limit of the true mean divided by 0.95.

(y) For each basic model of bare or

covered (no reflector) medium base

compact fluorescent lamp selected for

testing, a sample of sufficient size shall

be selected at random and tested to

ensure that-

(1) Any represented value of

estimated energy consumption or other

measure of energy consumption of a

basic model for which consumers would

favor lower values shall be no less than

the higher of;

(i) The mean of the sample. or

(ii) The upper 97.5 percent confidence

limit of the true mean divided by 1.05,

and

(2) Any represented value of the

efficacy or other measure of energy

consumption of a basic model for which

consumers would favor higher values

shall be no greater than the lower of;

(i) The mean of the sample. or

(ii) The lower 97.5 percent confidence

limit of the true mean divided by 0.95.

(z) For each basic model of

dehumidifier selected for testing, a

sample of sufficient size shall be

selected at random and tested to ensure

that-

(1) Any represented value of

estimated energy consumption or other

measure of energy consumption of a

basic model for which consumers would

favor lower values shall be no less than

the higher of;

(i) The mean of the sample. or

(ii) The upper 95 percent confidence

limit of the true mean divided by 1.i o,

and

(2) Any represented value of the

energy factor or other measure of energy

consumption of a basic model for which

consumers would favor higher values

shall be no greater than the lower of;

(i) The mean of the sample. or

(ii) The lower 95 percent confidence

limit of the true mean divided by 0.90.

(aa) For each basic model of battery

charger selected for testing, a sample of

sufficient size shall be selected at

random and tested to ensure that-

(1) Any represented value of the

estimated nonactive energy ratio or

other measure of energy consumption of

a basic model for which consumers

would favor lower values shall be no

less than the higher of:

(i) The mean of the sample. or

(ii) The upper 97.5 percent confidence

limit of the true mean divided by 1.05,

and

(2) Any represented value of the

estimated nonactive energy ratio or

other measure of energy consumption of

a basic model for which consumers

would favor higher values shall be no

greater than the lower of:

(i) The mean of the sample, or

(ii) The lower 97.5 percent confidence

limit of the true mean divided by 0.95.

(bb) For each basic model of external

power supply selected for testing, a

sample of sufficient size shall be

selected at random and tested to ensure

that-

(1) Any represented value of the

estimated energy consumption of a basic

model for which consumers would favor

lower values shall be no less than the

higher of,

(i) The mean of the sample, or

(ii) The upper 97.5 percent confidence

limit of the true mean divided by 1.05,

and

(2) Any represented value of the

estimated energy consumption of a basic

model for which consumers would favor

higher values shall be no greater than

the lower of,

(i) The mean of the sample, or

(ii) The lower 97.5 percent confidence

limit of the true mean divided by 0.95.

(cc) For each basic model of torchiere

selected for testing, a sample of

sufficient size shall be selected at

random and tested to ensure that-

(1) Any represented value of power

consumption or other measure of energy

consumption of a basic model for which

consumers would favor lower values

shall be no less than the higher of,

(i) The mean of the sample, or

(ii) The upper 97.5 percent confidence

limit of the true mean divided by 1.05,

and

(2) Any represented value of the

energy consumption of a basic model for

which consumers would favor higher

values shall be no greater than the lower

of;

(i) The mean of the sample, or

(ii) The lower 97.5 percent confidence

limit of the true mean divided by 0.95.

6. Subpart B of Part 430 is amended

by adding new Appendices U, V, W, X.

Y. Z, and AA, to read as follows:

Appendix U to Subpart B of Part 430-

Uniform Test Method for Measuring the

Energy Consumption of Ceiling Fans

1. Scope: This appendix covers the test

requirements used to measure the energy

performance of ceiling fans.

2. Definitions:

a. Airflow means the rate of air movement

at a specific fan-speed setting expressed in

cubic feet per minute (CFM).

b. Airflow efficiency means the ratio of

airflow divided by power at a specific ceiling

fan-speed setting expressed in CFM per wall

(CFM/watt).

3. Test Apparatus and General

Instructions: The test apparatus and

instructions for testing ceiling fans shall

conform to the requirements specified in

Chapter 3, "Air-Delivery Room Construction

and Preparation," Chapter 4, "Equipment

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Set-up and Test Procedure," and Chapter 6.

"Definitions and Acronyms," of the EPA's

"ENERGY STAR Testing Facility Guidance

Manual: Building a Testing Facility and

Performing the Solid State Test Method for

ENERGY STAR Qualified Ceiling Fans,"

version 1.1, December 9, 2002 (see § 430.22).

Record measurements at the resolution of the

test instrumentation. Round off calculations

to the same number of significant digits as

the previous step. Round the final energy

consumption value to the nearest whole

number as follows:

(i) A fractional number at or above the

midpoint between the two consecutive whole

numbers shall be rounded up to the higher

of the two whole numbers; or

(ii) A fractional number below the

midpoint between the two consecutive whole

numbers shall be rounded down to the lower

of the two whole numbers.

4. Test Measurement: Measure the airflow

and airflow efficiency for ceiling fans,

expressed in cubic feet per minute (CFM) and

CFM per watt (CFM/watt), in accordance

with the test requirements specified in

Section 4, "Equipment Setup and Test

Procedure," of the EPA's "ENERGY STAR

Testing Facility Guidance Manual: Building

a Testing Facility and Performing the'Solid

State Test Method for ENERGY STAR

Qualified Ceiling Fans," version 1.1,

December 9, 2002 (see § 430.22). In

performing the airflow test, measure ceiling

fan power using a RMS sensor capable of

measuring power with an accuracy of ±1 %.

Prior to using the sensor and sensor software

it has selected, the test laboratory shall verify

their performance. Measure power input at a

point that includes all power consuming

components of the ceiling fan (but without

any attached light kit energized). Measure

power at the rated voltage that represents

normal operation continuously over the time

period for which the airflow test is

conducted, and report the average value of

the power measurement in watts (W). Use the

average value of power input to calculate the

airflow efficiency in CFM/W.

Appendix V to Subpart B of Part 430-

Uniform Test Method for Measuring the

Energy Consumption of Ceiling Fan

Light Kits

1. Scope: This appendix covers the test

requirements used to measure the energy

performance of ceiling fan light kits.

2. Definitions:

a. Input powermeans the actual Iota]

power used by all lamp(s) and ballast(s) of

the light fixture during operation, expressed

in watts (W) and measured using the lamp

and ballast packaged with the fixture.

b. Lamp ballast plot/orm means a pairing

of one ballast with one or more lamps that

can operate simultaneously on that ballast. A

unique platform is defined by the

manufacturer and model number of the

ballast and lamp(s) and the quantity of lamps

that operate on the ballast.

c. Lamp lumens means a measurement of

luminous flux expressed in lumens and

measured using the lamp and ballast shipped

with the fixture.

d. System efficacy per lamp ballast

platform means the ratio of measured lamp

lumens expressed in lumens and measured

input power expressed in watts (W).

3. Test Apparatus and General

Instructions:

(a) The test apparatus and instruction for

testing screw base lamps packaged with

ceiling fan light kits that have medium screw

base sockets shall conform to the

requirements specified in section 2,

"Definitions," section 3, "Referenced

Standards," and section 4. "CFL

Requirements for Testing" of the DOE's

"ENERGY STAR Program Requirements for

Compact Fluorescent Lamps," version 3.0,

(see § 430.22). Record measurements at the

resolution of the test instrumentation. Round

off calculations to the same number of

significant digits as the previous step. Round

off the final energy consumption value to a

whole number as follows:

(i) A fractional number at or above the

midpoint between the two consecutive whole

numbers shall be rounded up to the higher

of the two whole numbers; or

(ii) A fractional number below the

midpoint between the two consecutive whole

numbers shall be rounded down to the lower

of the two whole numbers.

(b) The test apparatus and instruction for

testing pin -based fluorescent lamps packaged

with ceiling fan light kits that have pin-based

sockets shall conform to the requirements

specified in section 1, "Definitions," and

section 3, "Energy Efficiency Specifications

for Qualifying Products" of the EPA's

"ENERGY STAR Program Requirements for

Residential Light Fixtures ," version 4 . 0, (see

§ 430.22 ). Record measurements at the

resolution of the test instrumentation. Round

off calculations to the same number of

significant digits as the previous step. The

final energy consumption value shall be

rounded to a whole number as follows:

(i) A fractional number at or above the

midpoint between the two consecutive whole

numbers shall be rounded up to the higher

of the two whole numbers; or

(ii) A fractional number below the

midpoint between the two consecutive whole

numbers shall be rounded down to the lower

of the two whole numbers.

(c) The test apparatus and instruction for

testing ceiling fan light kits with sockets

other than medium screw base and pin-based

sockets for lamps shall conform to the

requirements of section 1.2 "Nomenclature

and Definitions". section 3.0 "Power Source

Characteristics" for AC power only and

section 7 . 0 "Electrical Instrumentation" of

the IESNA's "IESNA Approved Method for

Electrical and Photometric Measurements of

General Service Incandescent Filament

Lamps", LM-45-2000, (see § 430.22 ). Record

measurements at the resolution of the test

instrumentation . Round off calculations to

the same number of significant digits as the

previous step. The final energy consumption

value shall be rounded to a whole number as

follows:

(i) A fractional number at or above the

midpoint between The two consecutive whole

numbers shall be rounded up to the higher

of the two whole numbers: or

(ii) A fractional number below the

midpoint between the two consecutive whole

numbers shall be rounded down to the lower

of the two whole numbers.

42205

4. Test Measurement:

(a) For screw base compact fluorescent

lamps packaged with ceiling fan light kits

that have medium screw base sockets,

measure the efficacy , expressed in lumens

per watt, in accordance with the test

requirements specified in section 4, "CFL

Requirements for Testing," of the "ENERGY

STAR Program Requirements for Compact

Fluorescent Lamps," version 3.0 (see

§ 430.22).

(b) For pin-based compact fluorescent

lamps packaged with ceiling fan light kits

that have pin-based sockets, measure the

efficacy. expressed in lumens per watt, in

accordance with the test requirements

specified in section 3, "Energy-Efficiency

Specifications for Qualifying Products" of the

"ENERGY STAR Program Requirements for

Residential Light Fixtures," version 4.0 (see

§ 430.22).

(c) Measure the ceiling fan light kit, with

sockets other than medium screw base and

pin-based, input power, expressed in watts,

in accordance with the test setup specified

for AC voltage in section 4.0, "Circuits" of

the IESNA's "IESNA Approved Method for

Electrical and Photometric Measurements of

General Service Incandescent Filament

Lamps." LM-45-2000 ( see § 430.22 ), with the

terminals of the voltmeter and potential

element of the wattmeter connected to the

input lead ("plug") for a ceiling fan light kit.

In other words. in figure 1(b) in section 4.0.

the lamp (L) would be replaced by the ceiling

fan light kit under test. If dimmable, ceiling

fan light kits should be tested at maximum

light output using all the lamps packaged

with the ceiling fan light kit. The ceiling fan

light kit shall be tested using a lamp or

combination of lamps whose total wattage

exceeds 190 watts.

Appendix W to Subpart B of Part 430-

Uniform Test Method for Measuring the

Energy Consumption of Medium Base

Compact Fluorescent Lamps

1. Scope: This appendix covers the test

requirements used to measure the initial

efficacy. lumen maintenance at 1.000 hours,

lumen maintenance at 40 percent of rated

life, rapid cycle stress, and lamp life of

medium base compact fluorescent lamps.

2. De/initions:

a. Average rated life means the length of

time declared by the manufacturer at which

50 percent of any large number of units of a

lamp reaches the end of their individual

lives.

b. Initial performance values means the

photometric and electrical characteristics of

the lamp at the end of 100 hour of operation.

Such values include the initial efficacy, the

rated luminous flux and the rated lumen

output.

c. Lumen maintenance means the

luminous flux or lumen output at a given

time in the life of the lamp and expressed as

a percentage of the rated luminous flux or

rated lumen output, respectively.

d. Rated luminous flux or rated lumen

output means the initial lumen rating (100

hour) declared by the manufacturer, which

consists of the lumen rating of a lamp at the

end of 100 hours of operation.

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e. Rated supply frequencymeans the

frequency marked on the ]amp.

f. Rated voltage means the voltage marked

on the lamp.

g. Rated wattage means the wattage marked

on the lamp.

h. Self-ballasted compact fluorescent lamp

means a compact fluorescent lamp unit that

incorporates, permanently enclosed, all

elements that are necessary for the starting

and stable operation of the lamp, and does

not include any replaceable or

interchangeable parts.

3. Test Apparatus and General

Instructions: The lest apparatus and

instructions for testing medium base compact

fluorescent lamps shall conform to the

requirements specified in section 2,

"Definitions," section 3. "Referenced

Standards." and section 4, "CPL

Requirements for Testing." of the DOE's

"ENERGY STAR Program Requirements for

Compact Fluorescent Lamps." version dated

August 9, 2001 (see § 430.22). Record

measurements at the resolution of the test

instrumentation. Round off calculations to

the same number of significant digits as the

previous step. Round the final energy

consumption value, as applicable, to the

nearest decimal place or whole number as

follows:

(i) A fractional number at or above the

midpoint between two consecutive decimal

places or whole numbers shall be rounded up

to the higher of the two decimal places or

whole numbers: or

(ii) A fractional number below the

midpoint between two consecutive decimal

places or whole numbers shall be rounded

down to the lower of the two decimal places

or whole numbers. Round the final initial

efficacy to one decimal place. Round the

final lumen maintenance at 1,000 hours to a

whole number. Round the final lumen

maintenance at 40 percent of rated life, the

final rapid cycle stress. and the final lamp

life for medium base compact fluorescent

lamps to whole numbers.

4. Test Measurement: Measure the initial

efficacy expressed in lumens per wait; lumen

maintenance at 1.000 hours expressed in

lumens; lumen maintenance at 40 percent of

rated life expressed in lumens: rapid cycle

stress expressed in the number of lamps that

meet or exceed the minimum number of

cycles; and ]amp life expressed in hours in

accordance with the test requirements

specified in section 4. " CFL Requirements for

Testing" of the DOE's "ENERGY STAR

Program Requirements for Compact

Fluorescent Lamps," version dated August 9.

2001- (see §430.22).

Appendix X to Subpart B of Part 430-

Uniform Test Method for Measuring the

Energy Consumption of Dehumidifiers

1. Scope: This appendix covers the test

requirements used to measure the energy

performance of dehumidifiers.

2. Definitions:

a. Product capacity for dehumidifiers

means a measure of the ability of a

dehumidifier to remove moisture from its

surrounding atmosphere. measured in pints

collected per 24 hours of continuous

operation.

b. Energy factor for dehumidifiers means a

measure of energy efficiency of a

dehumidifier calculated by dividing the

water removed from the air by the energy

consumed, measured in liters per kilowatt

hour (L/kWh).

3. Test Apparatus and General

Instructions: The test apparatus and

instructions for testing dehumidifiers shall

conform to the requirements specified in

section 1, "Definitions," section 2,

"Qualifying Products," and section 4, "Test

Criteria." of the EPA's "ENERGY STAR

Program Requirements for Dehumidifiers"

(see § 430.22). Record measurements at the

resolution of the test instrumentation. Round

off calculations to the same number of

significant digits as the previous step. Round

the final minimum energy factor value to two

decimal places as follows:

(i) A fractional number at or above the

midpoint between two consecutive decimal

places shall be rounded up to the higher of

the two decimal places, or

(ii) A fractional number below the

midpoint between two consecutive decimal

places shall be rounded down to the lower

of the two decimal places.

4. Test Measurement: Measure the energy

factor for dehumidifiers, expressed in liters

per kilowatt hour (L/kWh) and product

capacity in pints per day (pints/day), in

accordance with the test requirements

specified in section 4, "Test Criteria," of

EPA's "ENERGY STAR Program

Requirements for Dehumidifiers" (see

§ 430.22).

Appendix Y to Subpart B of Part 430-

Uniform Test Method for Measuring the

Energy Consumption of Battery

Chargers

1. Scope: This appendix covers the lest

requirements used to measure the nonactive

energy ratio of battery chargers. This test

method applies to battery chargers with

nameplate input power fietween 2 and 300

waits and that use household electronic

current to charge rechargeable batteries less

than 42 volts that may be either a battery

charger with a detachable battery or bailers'

pack, or a battery charger system functioning

with a product or appliance that is powered

by an integral battery. The lest method

applies to: motor-driven battery charged

products; products whose principal output is

heat, light. motion or movement of air:

battery charging systems intended to replace

standard sized primary alkaline cells (e.g..

AAA, AA, C, 9-volt, etc): and other product

with detachable batteries and stand-along

battery chargers whose designs are not an

external power supply.

2. Definitions: The following definitions

are for the purposes of understanding

terminology associated with the lest method

for measuring battery charger energy

consumption. For clarity on any other

terminology used in the lest method, please

refer to IEEE Standard 1515-2000.

a. Accumulated nonactive energy is the

sum of the energy. in watt-hours, consumed

by the hatters' charger in battery-maintenance

mode and standby mode over time periods

defined in the test procedure.

b. Battery energy is the energy, in watthours, delivered by the battery under the

specified discharge conditions in the test

procedure.

c. Battery maintenance mode or

maintenance mode is,the mode of operation

when the battery charger is connected to the

main electricity supply and the battery is

fully charged, but is still connected to the

charger.

d. Energy ratio or nonactive energy ratio

means the ratio of the accumulated nonactive

energy divided by the battery energy.

e. Standby mode means the mode of

operation when the battery charger is

connected to the main electricity supply and

the battery is not connected to the charger.

3. Test Apparatus and General

Instructions: The test apparatus, standard

testing conditions, and instructions for

testing battery chargers shall conform to the

requirements specified in section 4.0,

"Standard Testing Conditions," of the EPA's

ENERGY STAR "Test Methodology for

Determining the Energy Performance of

Battery Charging Systems, December 2005."

The test voltage specified in section 4.1.1

shall be 115 volts, 60 Hz. The battery charger

should be tested using the full test

methodology, which has a test duration of 48

hours. In section 4.3.1 Precision

Requirements, append this sentence to the

end: "The test equipment must be capable of

accounting for crest factor and frequency

spectrum in its measurement of the UUT

input current,"

4. Test Measurement: The measurement of

the battery charger energy ratio shall conform

to the requirements specified in section 5.0

of the EPA's "Test Methodology for

Determining the Energy Performance of

Battery Charging Systems, December 2005"

(see § 430.22).

Appendix Z to Subpart B of Part 430-

Uniform Test Method for Measuring the

Energy Consumption of External Power

Supplies

1. Scope: This appendix covers the lest

requirements used to measure the active

mode efficiency and the no-load energy

consumption of external power supplies.

This lest method applies to external power

supplies that are sold with, or intended to be

used with , a separate end-use consumer

product that constitutes the primary load; are

contained in a physical enclosure separate

from the end-use product; are either hardwired into the end-use product or otherwise

connected to it; do not have batteries or

battery packs that physically attach directly

to the power supply unit; do not have both

a selector switch for battery chemistry, and

a slate of charge indicator light or meter: are

able to convert to only one output voltage at

a time; and have nameplate output power

less than or equal to 250 waits.

2. Definitions: The following definitions

are for the purposes of understanding

terminology associated with the test method

for measuring external power supply energy

consumption. For clarity on any other

terminology used in the test method, please

refer to IEEE Standard 1515-2000.

a. Active mode is the mode of operation

when the external power supply is connected

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to the main electricity supply and the output

is connected to a load.

b. Active mode efficiency is the ratio.

expressed as a percentage, of the total real

output power produced by a power supply to

the real input power required to produce it.

c. No load mode means the mode of

operation when the external power supply is

connected to the main electricity supply and

the output is not connected to a load.

d. Single voltage external AG-AC power

supply means an external power supply that

is designed to convert line voltage AC input

into lower voltage AC output and is able to

convert to only one AC output voltage at a

time.

e. Single voltage external AC-DC power

supply means an external power supply that

is designed to convert line voltage AC input

into lower voltage DC output and is able to

convert to only one DC output voltage at a

time.

I. Total harmonic distortion, expressed as

a percent, is the RMS value of an AC signal

after the fundamental component is removed

and interharmonic components are ignored,

divided by the RMS value of the fundamental

component.

g. True power factor is the ratio of the

active, or real, power consumed in watts to

the apparent power, drawn in volt-amperes.

3. Test Apparatus and General

Instructions: The test apparatus, standard

testing conditions, and instructions for

testing external power supplies shall conform

to the requirements specified in section 4,

"General Conditions for Measurement." of

the EPA's "Test Method for Calculating the

Energy Efficiency of Single-Voltage External

AC-DC and AC-AC Power Supplies." August

11, 2004. The test voltage specified in section

4.d. "Test Voltage," shall only be 115 volts,

60 Hz.

4. Test Measurement: The measurement of

the external power supply active mode

efficiency and no-load energy consumption

shall conform to the requirements specified

in section 5.0 of the EPA's "Test Method for

Calculating the Energy Efficiency of SingleVoltage External AC-DC and AC-AC Power

Supplies." August 11, 2004 (see §430.22).

Appendix AA to Subpart B of Part

430-Uniform Test Method for

Measuring the Energy Consumption of

Torchieres

1. Scope: This appendix covers the test

requirements used to measure the energy

consumption of torchieres.

2. Definitions:

a. Input power means the actual total

power used by all lamp(s) and ballast(s) of

the torchiere during operation, expressed in

watts (W).

3. Test Apparatus and General

Instructions: The test apparatus and

instruction for testing torchieres shall

conform to the requirements of section 1.2

"Nomenclature and Definitions," section 3.0

"Power Source Characteristics" for AC power

only and section 7.0 "Electrical

Instrumentation" of the IESNA's "IESNA

Approved Method for Electrical and

Photometric Measurements of Genera]

Service Incandescent Filament Lamps." LM45-2000. (see § 430.22). Record

measurements at the resolution of the test

instrumentation. Round off calculations to

the same number of significant digits as the

previous step. The final energy consumption

value shall be rounded to a whole number as

follows:

(i) A fractional number at or above the

midpoint between the two consecutive whole

numbers shall be rounded up to the higher

of the two whole numbers: or

(ii) A fractional number below the

midpoint between the two consecutive whole

numbers shall be rounded down to the lower

of the two whole numbers.

4. Test Measurement: Measure the

torchiere input power, expressed in watts, in

accordance with the test setup specified for

AC voltage in section 4.0, "Circuits" of the

IESNA's "IESNA Approved Method for

Electrical and Photometric Measurements of

General Service Incandescent Filament

Lamps," LM-45-2000 (see § 430.22). with the

terminals of the voltmeter and potential

element of the wattmeter connected to the

input lead ("plug") for a torchiere. In other

words, in figure 1(b) in section 4.0, the lamp

(L) would be replaced by the torchiere under

test. The torchiere shall be tested using a

lamp or combination of lamps whose total

wattage exceeds 190 watts.

7. Section 430.62 is amended by

adding new paragraphs (a)(4)(xviii),

(a)(4)(xix), (a)(4)(xx), and (a)(4)(xxi) to

read as follows:

§ 430.62 Submission of data.

(a) * * *

(4) * * *

(xviii) Ceiling fan light kits with

sockets for medium screw base lamps or

pin-based fluorescent lamps, the

efficacy in lumens per watt.

(xix) Medium base compact

fluorescent lamps, the minimum initial

efficacy in lumens per watt, the lumen

maintenance at 1.000 hours in lumens.

the lumen maintenance at 40 percent of

rated life in lumens, the rapid cycle

stress test, and the lamp life in hours.

(xx) Dehumidifiers, the energy factor

in liters per kilowatt hour, and capacity

in pints per day.

(xxi) Torchieres, the power

consumption in watts.

* * * * *

PART 431-ENERGY EFFICIENCY

PROGRAM FOR CERTAIN

COMMERCIAL AND INDUSTRIAL

EQUIPMENT

8. The authority citation for part 431

continues to read as follows:

Authority: 42 U.S.C. 6291-6317.

9. Section 431.2 is amended by

revising the definition of "Covered

equipment," and adding, in alphabetical

order, the definition of "Energy

conservation standard" to read as

follows:

42207

§ 431.2 Definitions.

Covered equipment means any

electric motor, as defined in § 431.12;

commercial heating, ventilating, and air

conditioning, and water heating product

(HVAC & WH product), as defined in

§§ 431.172; 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; 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; or refrigerated bottled or

canned beverage vending machine, as

defined in § 431.292.

* * * * *

Energy conservation standard means:

(1) A performance standard that

prescribes a minimum level of energy

efficiency or in the case of commercial

prerinse spray valves, water use, or a

maximum quantity of energy use for

covered equipment; or

(2) A design requirement for covered

equipment.

* * * * *

10. Section 431.62 is amended by

adding, in alphabetical order, new

definitions for "Basic model." "Icecream freezer," and "Test package," to

read as follows:

§ 431.62 Definitions concerning

commercial refrigerators , freezers, and

refrigerator-freezers.

Basic model means, with respect to

commercial refrigerators, freezers, and

refrigerator-freezers, all units of a given

type of commercial refrigerator, freezer,

or refrigerator-freezer (or class thereof)

manufactured by one manufacturer that

have the same primary energy source,

which have electrical characteristics

that are essentially identical, and which

do not have any differing electrical,

physical, or functional characteristics

that affect energy consumption.

* * * * *

Ice-cream freezer means a commercial

freezer that is designed to operate at or

below -5°F (-21°C) and that the

manufacturer designs. markets, or

intends for the storing. displaying, or

dispensing of ice cream.

Test package means a packaged

material that is used as a standard

product temperature-measuring device.

11. Subpart C of Part 431 is amended

by revising the undesignated center

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heading following § 431.62 and adding

new §§ 431.63, 431.64, and 431.65, to

read as follows:

Test Procedures

§431.63 Materials incorporated by

reference.

(a) General. The Department

incorporates by reference the following

test procedures into Subpart C of Part

431. The Director of the Federal Register

has approved the material listed in

paragraph (b) of this section for

incorporation by reference in

accordance with 5 U.S.C. 552(a) and I

CFR Part 51. Any subsequent

amendment to this material by the

standard-setting organization will not

affect the DOE test procedures unless

DOE amends its test procedures. The

Department incorporates the material as

it exists on the date of the approval by

the Federal Register and a notice of any

change in the material will be published

in the Federal Register

(b) Test procedures incorporated by

reference. (1) American Society of

Heating, Refrigerating, and AirConditioning Engineers (ASHRAE)

Standard 72-2005, "Method of Testing

Commercial Refrigerators and Freezers."

(2) American National Standards

Institute (ANSI)/Association of Home

Appliance Manufacturers (AHAM)

Standard HRF-1-1979, "Association of

Home Appliance Manufacturers

Standard for Household Refrigerators,

Combination Refrigerator-Freezers, and

Household Freezers."

(3) Air-Conditioning and Refrigeration

Institute (AR]) Standard 1200-2006,

"Performance Rating of Commercial

Refrigerated Display Merchandisers and

Storage Cabinets."

(c) Availability of references. (1)

Inspection of test procedures. The test

procedures incorporated by reference

are available for inspection at:

(i) National Archives and Records

Administration (NARA). For

information on the availability of this

material at NARA. call (202) 741-6030,

or go to: http://www.orchives.goi,/

federal-register/

code-of federal _reguloiions/

ibr_Iocations.html.

(ii) U.S. Department of Energy,

Forrestal Building, Room 1J-018

(Resource Room of the Building

Technologies Program). 1000

Independence Avenue. SW.,

Washington, DC 20585-0121, (202) 586-

9127, between 9 a.m. and 4 p.m.,

Monday through Friday. except Federal

holidays.

(2) Obtaining copies of standards. (i)

Anyone can purchase a copy of

ASHRAE Standard 72-2005, "Method of

Testing Commercial Refrigerators and

Freezers," from the American Society of

Heating, Refrigerating and AirConditioning Engineers. Inc., 1791

Tullie Circle, NE, Atlanta, GA 30329,

(404) 636-8400, or htip://

unww.ashrae.org.

(ii) Anyone can purchase a copy of

ANSI/AHAM Standard HRF-1-1979,

"Association of Home Appliance

Manufacturers Standard for Household

Refrigerators, Combination RefrigeratorFreezers, and Household Freezers,"

from the American National Standards

Institute, 1819 L Street. NW., 6th floor,

Washington, DC 20036. (202) 293-8020,

or http://www.ansi.org.

(iii) Anyone can obtain a copy of ARI

Standard 1200-2006, "Performance

Rating of Commercial Refrigerated

Display Merchandisers and Storage

Cabinets," from the Air-Conditioning

and Refrigeration Institute, 4100 N.

Fairfax Dr., Suite 200, Arlington, VA

22203 or littp://xnn,w.ari.org/std/

standards.html.

§ 431.64 Uniform test method for the

measurement of energy consumption of

commercial refrigerators , freezers, and

refrigerator-freezers.

(a) Scope. This section provides the

test procedures for measuring, pursuant

to EPCA, the daily energy consumption

in kilowatt hours per day (kWh/day) for

a given product category and volume or

total display area of commercial

refrigerators, freezers. and refrigeratorfreezers.

(b) Testing and calculations. (1)

Determine the daily energy

consumption of each covered

commercial refrigerator. freezer, or

refrigerator-freezer, other than those

described in paragraph (b)(2) of this

section, by conducting the test

procedure, set forth in the American

Society of Heating, Refrigerating, and

Air-Conditioning Engineers (ASHRAE)

Standard 72-2005, "Method of Testing

Commercial Refrigerators and Freezers,"

section 3, "Definitions," section 4, "Test

Conditions," section 5, "Instruments,"

section 6, "Apparatus," section 7, "Test

Procedure," and section 8,

"Calculations."

(2) Determine the daily energy

consumption of each ice-cream freezer,

commercial refrigerator, freezer, or

refrigerator-freezer with a self-contained

condensing unit and without doors, or

commercial refrigerator, freezer, or

refrigerator-freezer with a remote

condensing unit, by conducting the test

procedure set forth in the AirConditioning and Refrigeration Institute

(ARI) Standard 1200-2006,

"Performance Rating of Commercial

Refrigerated Display Merchandisers and

Storage Cabinets," section 3,

"Definitions," section 4, "Test

Requirements," section 5, "Rating

Requirements for Remote Commercial

Refrigerated Display Merchandisers and

Storage Cabinets," section 6, "Rating

Requirements for Self-contained

Commercial Refrigerated Display

Merchandisers and Storage Cabinets,"

and section 7, "Symbols and

Subscripts." For each commercial

refrigerator, freezer, or refrigeratorfreezer with a self-contained condensing

unit and without doors, also use ARI

Standard 1200-2006, section 6, "Rating

Requirements for Self-contained

Commercial Refrigerated Display

Merchandisers and Storage Cabinets."

For each commercial refrigerator,

freezer, or refrigerator-freezer with a

remote condensing unit, also use ARI

Standard 1200-2006, section 5, "Rating

Requirements for Remote Commercial

Refrigerated Display Merchandisers and

Storage Cabinets."

(3) Conduct the testing required in

paragraphs (b)(1) and (b)(2) of this

section, and determine the daily energy

consumption, at the applicable

integrated average temperature in the

following table. The integrated average

temperature is determined using the

required test method.

Category Test procedure Integrated average temperatures

(i) Refrigerator with Solid Door(s) ..................................... ASHRAE Standard 72- 38 °F (±2 °F).

2005.

(I) Refrigerator with Transparent Door(s) ......................... ASHRAE Standard 72- 38 °F (±2 °F).

2005.

(iii) Freezer with Solid Door(s) .......................................... ASHRAE Standard 72- 0 °F (±2 °F).

2005.

(iv) Freezer with Transparent Door(s) .............................. ASHRAE Standard 72- 0 °F (±2 °F).

2005.

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Category

(v) Refrigerator-Freezer with Solid Door(s) ......................

(vi) Commercial Refrigerator with a Self-Contained Condensing Unit Designed for Pull-Down Temperature Applications and Transparent Doors.

(vii) Ice-Cream Freezer .....................................................

(viii) Commercial Refrigerator, Freezer, and RefrigeratorFreezer with a Self-Contained Condensing Unit and

without Doors.

(ix) Commercial Refrigerator, Freezer, and RefrigeratorFreezer with a Remote Condensing Unit.

(4) Determine the volume of each

covered commercial refrigerator, freezer,

or refrigerator-freezer, other than those

described in paragraph (b)(2) of this

section, by conducting the test

procedure set forth in the ANSI/AHAM

Standard HRF-1-1979, section 3.20,

sections 4.2 through 4.3, and sections

5.1 through 5.3.

§ 431.65 Units to be tested.

For each basic model of commercial

refrigerator, freezer, or refrigeratorfreezer selected for testing. a sample of

sufficient size shall be selected at

random and tested to ensure that

(Components of similar design may be

substituted without requiring additional

testing if the represented measures of

energy continue to satisfy the applicable

sampling provision.)-

(a) Any represented value of

estimated energy consumption or other

measure of energy consumption of a

basic model for which consumers would

favor lower values shall be no less than

the higher of:

Test procedure

ASHRAE Standard 72-

2005.

ASHRAE Standard 72-

2005.

ARI Standard 1200-2006

ARI Standard 1200-2006

ARI Standard 1200-2006 .

Integrated average temperatures

42209

38 IF (±2 °F) for refrigerator compartment 0 IF (±2 °F)

for freezer compartment.

38 IF (±2 °F).

-5.0 IF (±2 °F).

(A) For low temperature applications, the integrated average temperature of all test package averages shall

be 0 IF (±2 IF).

(B) For medium temperature applications, the integrated average temperature of all test package averages shall be 38.0 OF (±2 °F).

(A) For low temperature applications, the integrated average temperature of all test package averages shall

be 0 IF (±2 °F).

(B) For medium temperature applications, the integrated average temperature of all test package averages shall be 38.0 IF (±2 °F).

(1) The mean of the sample; or

(2) The upper 95 percent confidence

limit of the true mean divided by 1.10;

and

(b) Any represented value of the

energy efficiency or other measure of

energy consumption of a basic model for

which consumers would favor higher

values shall be no greater than the lower

of;

(1) The mean of the sample; or

(2) The lower 95 percent confidence

limit of the true mean divided by 0.90.

12. Section 431.95 is amended by

revising paragraph (b)(2) to read as

follows:

§431.95 Materials incorporated by

reference.

* * * *

(b) * * *

(2) ARI Standard 340/360-2004

published in 2004, "Performance Rating

of Commercial and Industrial Unitary

Air-Conditioning and Heat Pump

Equipment," IBR approved for § 431.96.

13. Section 431.96 is revised to read

as follows:

§ 431.96 Uniform test method for the

measurement of energy efficiency of small,

large, and very large commercial package

air conditioning and heating equipment,

packaged terminal air conditioners, and

packaged terminal heat pumps.

(a) Scope. This section contains test

procedures that must be followed for

measuring, pursuant to EPCA, the

energy efficiency of any small, large. or

very large commercial package air

conditioning and heating equipment,

packaged terminal air conditioner, or

packaged terminal heat pump.

(b) Testing and calculations.

Determine the energy efficiency of each

covered product by conducting the test

procedure(s) listed in the rightmost

column of Table I of this section, that

apply to the energy efficiency descriptor

for that product, category, and cooling

capacity.

TABLE 1 TO §431.96.-TEST PROCEDURES FOR ALL SMALL COMMERCIAL PACKAGE AIR-CONDITIONING AND HEATING

EQUIPMENT, FOR LARGE COMMERCIAL PACKAGE AIR CONDITIONING AND HEATING EQUIPMENT, FOR VERY LARGE

COMMERCIAL PACKAGE AIR CONDITIONING AND HEATING EQUIPMENT, AND FOR PACKAGED TERMINAL AIR CONDITIONERS, AND PACKAGED TERMINAL HEAT PUMPS

Product

Small Commercial Packaged Air Conditioning and

Heating Equipment.

Category

Air Cooled, 3 Phase, AC

and HP.

Air Cooled AC and HP ......

Water Cooled and Evaporatively Cooled AC.

Water-Source HP ...............

Cooling capacity

<65,000 Btu/h ....................

>65,000 Btu/h and

<135,000 Btu/h.

<65,000 Btu/h ....................

>_65,000 Btu/h and

<135,000 Btu/h.

<135.000 Btu/h ..................

Large Comercial Packaged Air Cooled AC and HP ..... ?135,000 Btu/h and

Air Conditioning and Water Cooled AC ............... <240,000 Btu/h.

Heating Equipment. ?135.000 Btu/h and

<240,000 Btu/h.

Energy efficiency

descriptor

SEER .....................

HSPF .....................

EER .......................

COP .......................

EER ................... ....

EER .......................

EER .......................

COP .......................

EER .......................

COP .......................

EER .......................

Use tests, conditions and

procedures 1 in

ARI Standard 210/240-2003

ARI Standard 210/240-2003

ARI Standard 340/360-2004

ARI Standard 340/360-2004

ARI Standard 210/240-2003

ARI Standard 340/360-2004

ISO Standard 13256-1 (1998)

ISO Standard 13256-1 (1998)

ARI Standard 340/360-2004

ARI Standard 340/360-2004

ARI Standard 340/360-2004

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TABLE 1 TO § 431.96.-TEST PROCEDURES FOR ALL SMALL COMMERCIAL PACKAGE AIR-CONDITIONING AND HEATING

EQUIPMENT, FOR LARGE COMMERCIAL PACKAGE AIR CONDITIONING AND HEATING EQUIPMENT, FOR VERY LARGE

COMMERCIAL PACKAGE AIR CONDITIONING AND HEATING EQUIPMENT, AND FOR PACKAGED TERMINAL AIR CONDITIONERS, AND PACKAGED TERMINAL HEAT PUMPS-Continued

Product Category Cooling capacity Energy efficiency

descriptor

Use tests , conditions and

procedures in

Evaporatively Cooled AC ... ?135,000 Btu/h and EER ....................... ARI Standard 340/360-2004

<240,000 Btu/h.

Very Large Commercial Air Cooled AC and HP ...... >_240,000 Btu/h and EER ....................... ARI Standard 340/360-2004

Packaged Air Condi- <760,000 Btu/h. COP ....................... ARI Standard 340/360-2004

tioning and Heating

Equipment.

Packaged Terminal Air AC and HP ......................... All ....................................... EER ....................... ARI Standard 310/380-2004

Conditioners and Heat HP ...................................... All ....................................... COP ....................... ARI Standard 310/380-2004

Pumps.

'Incorporated by reference, see §431.95.

* * *

14. Section 431.132 is amended by

adding in alphabetical order new

definitions for "Basic model," "Cube

type ice," "Energy use," "Ice-making

head," "Maximum condenser water

use," "Remote compressor," "Remote

condensing," and "Self-contained" to

read as follows:

§431.132 Definitions concerning

automatic commercial ice makers.

* * * * *

Basic model means, with respect to

automatic commercial ice makers, all

units of a given type of automatic

commercial ice maker (or class thereof)

manufactured by one manufacturer and

which have the same primary energy

source, which have electrical

characteristics that are essentially

identical, and which do not have any

differing electrical, physical, or

functional characteristics that affect

energy consumption.

Cube type ice means ice that is fairly

uniform, hard, solid, usually clear, and

generally weighs less than two ounces

(60 grams) per piece, as distinguished

from flake, crushed. or fragmented ice.

Energy use means the total energy

consumed, stated in kilowatt hours per

one-hundred pounds (kWh/100 lb) of

ice and stated in multiples of 0.1. For

remote condensing automatic

commercial ice makers, total energy

consumed shall include condenser fan

power. * * '

Ice-making head means automatic

commercial ice makers that do not

contain integral storage bins, but are

generally designed to accommodate a

variety of bin capacities. Storage bins

entail additional energy use not

included in the reported energy

consumption figures for these units.

Maximum condenser water use means

the maximum amount of water used by

the condensing unit (if water-cooled),

stated in gallons per 100 pounds (gal/

100 lb) of ice, in multiples of 1.

Remote compressor means a type of

automatic commercial ice maker in

which the ice-making mechanism and

compressor are in separate sections.

Remote condensing means a type of

automatic commercial ice maker in

which the ice-making mechanism and

condenser or condensing unit are in

separate sections.

Self-contained means a type of

automatic commercial ice maker in

which the ice-making mechanism and

storage compartment are in an integral

cabinet.

15. Subpart H of Part 431 is amended

by revising the undesignated center

heading following § 431.132 and adding

new §§431.133, 431.134, and 431.135,

to read as follows:

Test Procedures

§431.133 Materials incorporated by

reference.

(a) General. The Department

incorporates by reference the following

test procedures into Subpart H of Part

431. The Director of the Federal Register

has approved the material listed in

paragraph (b) of this section for

incorporation by reference in

accordance with 5 U.S.C. 552(a) and 1

CFR Part 51. Any subsequent

amendment to this material by the

standard-setting organization will not

affect the DOE test procedures unless

DOE amends its test procedures. The

Department incorporates the material as

it exists on the date of the approval by

the Federal Register and a notice of any

change in the material will be published

in the Federal Register.

(b) Test procedures incorporated by

reference. (1) Air-Conditioning and

Refrigeration Institute (ARI) Standard

810-2003, "Performance Rating of

Commercial Ice-Makers."

(2) American Society of Heating,

Refrigerating and Air-Conditioning

Engineers (ASHRAE) Standard 29-1988

(RA 2005), "Methods of Testing

Automatic Ice Makers.

(c) Availability of references. (1)

Inspection of test procedures. The test

procedures incorporated by reference

are available for inspection at:

U) National Archives and Records

Administration (NARA). For

information on the availability of this

material at NARA, call (202) 741-6030,

or go to: http://www.archives.gov/

federal - registerl

code-of federal-regulations/

ibr_locations.html.

(ii) U.S. Department of Energy,

Forrestal Building, Room 1J-018

(Resource Room of the Building

Technologies Program), 1000

Independence Avenue, SW.,

Washington, DC 20585-0121, (202) 586-

9127, between 9 a.m. and 4 p.m.,

Monday through Friday, except Federal

holidays.

(2) Obtaining copies of test

procedures. (i) Anyone can obtain a

copy of ARI Standard 810-2003 from

the Air-Conditioning and Refrigeration

Institute, 4100 N. Fairfax Dr., Suite 200,

Arlington, VA 22203 or http://

i,A,i4,w.ari.org/std/standards.htin].

(ii) Anyone can purchase a copy of

ASHRAE Standard 29-1988 (RA 2005),

"Methods of Testing Automatic Ice

Makers," from the American Society of

Heating, Refrigerating and AirConditioning Engineers, Inc., 1791

Tullie Circle, NE, Atlanta, GA 30329,

(404) 636-8400, or http://

wwi4'.ashrae.org.

§ 431.134 Uniform test methods for the

measurement of energy consumption and

water consumption of automatic

commercial ice makers.

(a) Scope. This section provides the

test procedures for measuring, pursuant

to EPCA, the energy use in kilowatt

EERE-2006-DET-0136 COMMENT 01.3
Federal Register /Vol. 71. No. 142 /Tuesday, July 25, 2006 /Proposed Rules 42211

hours per 100 pounds of ice (kWh/100

lbs ice) and the condenser water use in

gallons per 100 pounds of ice (gal/100

lbs ice).

(b) Testing and Calculations.

Determine the energy consumed and the

condenser water use rate of each

covered product by conducting the test

procedures, set forth in the AirConditioning and Refrigeration

Institute's Standard 810-2003,

"Performance Rating of Automatic

Commercial Ice-Makers," section 4,

"Test Requirements," and section 5,

"Rating Requirements." Do not use the

formula in Standard 810-2003 for

calculating energy use, but instead

calculate the energy use rate (kWh/100

lbs Ice) by dividing the energy

consumed during testing by the total

mass of the ice produced during the

time period over which energy

consumption is measured, normalized

to 100 pounds of ice as follows:

Energy Consumption Rate (per 100 lbs ice) = Energy Consumed During Testing (kWh) x100%

Total Mass of Ice Collected During Testing (Ibs)

§ 431.135 Units to be tested.

For each basic model of automatic

commercial ice maker selected for

testing, a sample of sufficient size shall

be selected at random and tested to

ensure that (Components of similar

design may be substituted without

requiring additional testing if the

represented measures of energy

continue to satisfy the applicable

sampling provision.)-

(a) Any represented value of

estimated maximum energy use or other

measure of energy consumption of a

basic model for which consumers would

favor lower values shall be no less than

the higher of ;

(1) The mean of the sample; or

(2) The upper 95 percent confidence

limit of the true mean divided by 1.10;

and

(b) Any represented value of the

energy efficiency or other measure of

energy consumption of a basic model for

which consumers would favor higher

values shall be no greater than the lower

of;

(1) The mean of the sample; or

(2) The lower 95 percent confidence

limit of the true mean divided by 0.90.

16. Section 431.202 is amended by

adding in alphabetical order new

definitions for "Basic model," "Face,"

and "Input power demand" to read as

follows:

§431.202 Definitions concerning

illuminated exit signs.

Basic mode] means, with respect to

illuminated exit signs, all units of a

given type of illuminated exit sign (or

class thereof) manufactured by one

manufacturer and which have the same

primary energy source, which have

electrical characteristics that are

essentially identical, and which do not

have any differing electrical. physical,

or functional characteristics that affect

energy consumption.

Face means an illuminated side of an

illuminated exit sign.

Input power demand means the

amount of power required to

continuously illuminate an exit sign

model. measured in watts (W). For exit

sign models with rechargeable batteries.

input power demand shall be measured

with batteries at full charge.

17. Subpart L of Part 431 is amended

by revising the undesignated center

heading following § 431.202 and adding

new §§ 431.203, 431.204, and 431.205.

to read as follows:

Test Procedures

§ 431.203 Materials incorporated by

reference.

(a) General. The Department

incorporates by reference the following

test procedures into subpart L of part

431. The Director of the Federal Register

has approved the material listed in

paragraph (b) of this section for

incorporation by reference in

accordance with 5 U.S.C. 552(a) and I

CFR part 51. Any subsequent

amendment to this material by the

standard-setting organization will not

affect the DOE test procedures unless

and until DOE amends its test

procedures. The Department

incorporates the material as it exists on

the date of the approval by the Federal

Register and a notice of any change in

the material will be published in the

Federal Register.

(b) Test procedures incorporated by

reference. Environmental Protection

Agency "ENERGY STAR Program

Requirements for Exit Signs," Version

2.0.

(c) Availability of references. (1)

Inspection of test procedures. The test

procedures incorporated by reference

are available for inspection at:

(i) National Archives and Records

Administration (NARA). For

information on the availability of this

material at NARA, call (202) 741-6030.

or go to: http://u,ia-w.archives.gov/

federal _register/

code-of federal regulations/

ibr locations.lhtin];

(ii) U.S. Department of Energy,

Forrestal Building, Room 1J-018

(Resource Room of the Building

Technologies Program), 1000

Independence Avenue, SW.,

Washington, DC 20585-0121, (202) 586-

9127, between 9 a.m. and 4 p.m..

Monday through Friday, except Federal

holidays.

(2) Obtaining copies of standards.

Copies of the Environmental Protection

Agency "ENERGY STAR Program

Requirements for Exit Signs," version

2.0, may be obtained from the

Environmental Protection Agency, Ariel

Rios Building, 1200 Pennsylvania

Avenue, NW., Washington, DC 20460,

(202) 272-0167 or at http://

www.epa.gov.

§ 431.204 Uniform test method for the

measurement of energy consumption of

illuminated exit signs.

(a) Scope. This section provides the

test procedure for measuring, pursuant

to EPCA, the input power demand of

illuminated exit signs. For purposes of

this part 431 and EPCA, the test

procedure for measuring the input

power demand of illuminated exit signs

shall be the test procedure specified in

§ 431.205(b).

(b) Testing and calculations.

Determine the energy efficiency of each

covered product by conducting the test

procedure. set forth in the

Environmental Protection Agency's

"ENERGY STAR Program Requirements

for Exit Signs," version 3.0, section 4

(Test Criteria), "Conditions for testing"

and "Input power measurement." The

test duration shall be sufficient to allow

the determination of true RMS input

power with an uncertainty of ±1 %.

§ 431.205 Units to be tested.

For each basic model of illuminated

exit sign selected for testing, a sample

of sufficient size shall be selected at

random and tested to ensure

(Components of similar design may be

substituted without requiring additional

testing if the represented measures of

energy continue to satisfy the applicable

sampling provision.)

(a) Any represented value of

estimated input power demand or other

measure of energy consumption of a

basic model for wvhich consumers would

EERE-2006-DET-0136 COMMENT 01.3
42212 Federal Register /Vol. 71, No. 142/Tuesday. July 25, 2006/Proposed Rules

favor lower values shall be no less than

the higher of:

(1) The mean of the sample, or

(2) The upper 95 percent confidence

limit of the true mean divided by 1.10,

and incorporates the-material as it exists on-

(b) Any represented value of the the date of the approval by the Federal

energy efficiency or other measure of Register and a notice of any change in

energy consumption of a basic model for the material will be published in the

which consumers would favor higher Federal Register.

values shall be no greater than the lower (b) List of test procedures

of:

(1) The mean of the sample, or

(2) The lower 95 percent confidence

limit of the true mean divided by 0.90.

18. Section 431.222 is amended by

adding in alphabetical order new

definitions for "Basic model,"

"Maximum wattage," and "Nominal

wattage," to read as follows:

§431.222 Definitions concerning traffic

signal modules and pedestrian modules.

Basic model means, with respect to

traffic signal modules and pedestrian

modules, all units of a given type of

traffic signal module or pedestrian

module (or class thereof) manufactured

by one manufacturer and which have

the same primary energy source, which

have electrical characteristics that are

essentially identical, and which do not

have any differing electrical, physical,

or functional characteristics that affect

energy consumption.

Maximum wattage means the power

consumed by the module after being

operated for 60 minutes while mounted

in a temperature testing chamber so that

the lensed portion of the module is

outside the chamber, all portions of the

module behind the lens are within the

chamber at a temperature of 74 °C. and

the air temperature in front of the lens

is maintained at a minimum of 49 °C.

Nominal wattage means the power

consumed by the module When it is

operated within a chamber at a

temperature of 25 °C after the signal has

been operated for 60 minutes.

19. Subpart M of Part 431 is amended

by revising the undesignated center

heading following § 431.222 and adding

new §§431.223, 431.224, and 431.225,

to read as follows:

Test Procedures

§ 431.223 Materials incorporated by

reference.

(a) General. The Department

incorporates by reference the following

test procedures into Subpart M of Part

431. The Director of the Federal Register

has approved the material listed in

paragraph (b) of this section for

incorporation by reference in

accordance with 5 U.S.C. 552(a) and I

CFR Part 51. Any subsequent

amendment to this material by the

standard-setting organization will not

affect the DOE test procedures unless

and until DOE amends its test

procedures. The Department

incorporated by reference. (1)

Environmental Protection Agency,

"ENERGY STAR Program Requirements

for Traffic Signals," Version 1.1.

(2) Institute of Transportation

Engineers (ITE), "Vehicle Traffic

Control Signal Heads: Light Emitting

Diode (LED) Circular Signal

Supplement," Part 2, 1985.

(c) Availability of references. (1)

Inspection of test procedures. The test

procedures incorporated by reference

are available for inspection at:

(i) National Archives and Records

Administration (NARA). For

information on the availability of this

material at NARA , call (202 ) 741-6030,

or go to: http://wxnn,.orchives.gov/

federal-register/

code-of fiederalregulotionsl

ibr locations.html.

(ii) U.S. Department of Energy,

Forrestal Building, Room I)-018

(Resource Room of the Building

Technologies Program), 1000

Independence Avenue, SW..

Washington, DC 20585-0121, (202) 586-

9127, between 9 a.m. and 4 p.m.,

Monday through Friday. except Federal

holidays.

(2) Obtaining copies of standards.

Standards incorporated by reference

may be obtained from the following

source:

(i) Environmental Protection Agency

"ENERGY STAR Program Requirements

Traffic Signals," Version 1.1.

Environmental Protection Agency, Ariel

Rios Building, 1200 Pennsylvania

Avenue, NW, Washington, DC 20460,

(202) 272-0167 or at http://

wu'u'.epa.gov.

(ii) Institute of Transportation

Engineers, 1099 14th Street, NW., Suite

300 West, Washington, DC 20005-3438,

(202) 289-0222, or ite_sla ff^rite.org.

§ 431.224 Uniform test method for the

measurement of energy consumption for

traffic signal modules and pedestrian

modules.

(a) Scope. This section provides the

test procedures for measuring, pursuant

to EPCA, the maximum wattage and

nominal Wattage of traffic signal

modules and pedestrian modules. For

purposes of 10 CFR Part 431 and EPCA,

the test procedures for measuring the

maximum wattage and nominal wattage

of traffic signal modules and pedestrian

modules shall be the test procedures

specified in § 431.225(b).

(b) Testing and Calculations.

Determine the nominal wattage and

maximum wattage of each covered

traffic signal module or pedestrian

module by conducting the test

procedure set forth in Environmental

Protection Agency, "ENERGY STAR

Program Requirements for Traffic

Signals," version 1.1, section 1,

"Definitions," and section 4, "Test

Criteria." Measure wattage continuously

at the rated voltage that represents

normal operation using an RMS sensor

having an accuracy of±1% over the

time for which the minimum luminous

intensity tests described in VTCSH Part

2, section 6.4.2.1 (nominal wattage) and

section 6.4.2.2 (maximum wattage) are

conducted.

§ 431.225 Units to be tested.

For each basic model of traffic signal

module or pedestrian module selected

for testing, a sample of sufficient size

shall be selected at random and tested

to ensure (Components of similar design

may be substituted without requiring

additional testing if the represented

measures of energy continue to satisfy

the applicable sampling provision.)-

(a) Any represented value of

estimated maximum and nominal

wattage or other measure of energy

consumption of a basic model for which

consumers would favor lower values

shall be no less than the higher of:

(1) The mean of the sample, or

(2) The upper 95 percent confidence

limit of the true mean divided by 1.10,

and

(b) Any represented value of the

energy efficiency or other measure of

energy consumption of a basic model for

which consumers would favor higher

values shall be no greater than the lower

of:

(1) The mean of the sample, or

(2) The lower 95 percent confidence

limit of the true mean divided by 0.90.

20. Section 431.242 is amended by

adding in alphabetical order new

definitions for "Automatic flue

damper," "Fan-type heater,"

"Intermittent ignition device," "Power

venting," and "Warm air furnace," to

read as follows:

§431.242 Definitions concerning unit

heaters.

Automatic flue damper means a

damper, usually electrically operated,

which when fitted in the flue of a gasor oil-fired space-or water-heating

appliance and connected to the

appliance control system opens on

EERE-2006-DET-0136 COMMENT 01.3
Federal Register /Vol. 71, No. 142 /Tuesday, July 25, 2006 /Proposed Rules 42213

firing and shuts after the main burner

has been extinguished.

Fan-type heater means a type of

heater in which a fan incorporated in

the equipment supplies air for

combustionat a pressure exceeding

atmospheric pressure.

Intermittent ignition device means a

device that utilizes electricity to ignite

gas at the pilot using an ignition source

which is automatically ignited or

energized when an appliance is called

on to operate and which remains

continuously ignited or energized

during each period of burner operation.

Power venting means a venting system

that uses a separate fan in the vent pipe.

Warm air furnace mean commercial

warm air furnace as defined in § 431.72.

21. Section 431.262 is amended by

adding in alphabetical order a new

definition for "Basic model" to read as

follows:

§ 431.262 Definitions concerning

commercial prerinse spray valves.

Basic model means, with respect to

commercial prerinse spray valves, all

units of a given type of commercial

prerinse spray valve (or class thereof)

manufactured by one manufacturer and

which have the identical flow control

mechanism attached to or installed

within the fixture fitting, or the

identical water-passage design features

that use the same path of water in the

highest flow mode.

* * * * *

22. Subpart 0 of Part 431 is amended

by revising the undesignated center

heading following § 431.262 and adding

new §§ 431.263, 431.264 and 431.265, to

read as follows:

Test Procedures

§431.263 Materials incorporated by

reference.

(a) General. The Department

incorporates by reference the following

test procedures into Subpart 0 of Part

431. The Director of the Federal Register

has approved the material listed in

paragraph (b) of this section for

incorporation by reference in

accordance with 5 U.S.C. 552(a) and I

CFR Part 51. Any subsequent

amendment to this material by the

standard-setting organization will not

affect the DOE test procedures unless

DOE amends its test procedures. The

Department incorporates the material as

it exists on the date of the approval by

the Federal Register and a notice of any

change in the material will be published

in the Federal Register.

(b) Test procedures incorporated by

reference. American Society for Testing

and Materials (ASTM) Standard F2324-

2003, "Standard Test Method for

Prerinse Spray Valves."

(c) Availability of references. (1)

Inspection of test procedures. The test

procedures incorporated by reference

are available for inspection at:

(i) National Archives and Records

Administration (NARA). For

information on the availability of this

material at NARA, call (202) 741-6030,

or go to: htip://wm,t4,.arcliives.gov/

federal-register/cfr/ibr-l ocations.html.

(ii) U.S. Department of Energy,

Forrestal Building, Room 1J-018

(Resource Room of the Building

Technologies Program), 1000

Independence Avenue, SW.,

Washington, DC 20585-0121, (202) 586-

9127, between 9 a.m. and 4 p.m.,

Monday through Friday, except Federal

holidays.

(2) Obtaining copies of standards.

Standards incorporated by reference

may be obtained from the following

source: Copies of ASTM Standard

F2324-2003 can be obtained from

ASTM International, 100 Barr Harbor

Drive, PO Box C700, West

Conshohocken, PA 19428-2959, or

telephone (610) 832-9585.

§ 431.264 Uniform test method for the

measurement of flow rate for commercial

prerinse spray valves.

(a) Scope. This section provides the

test procedure for measuring, pursuant

to EPCA, the water consumption flow

rate of commercial prerinse spray

valves.

(b) Testing and calculations. The test

procedure to determine the water

consumption flow rate for prerinse

spray valves, expressed in gallons per

minute (gpm) or liters per minute (L/

min), shall be conducted in accordance

with the test requirements specified in

sections 4.1 and 4.2 (Summary of Test

Method), 5.1 (Significance and Use), 6.1

through 6.4 (Apparatus), 8.1 (Sampling),

9.1 through 9.5 (Preparation of

Apparatus), and 10.1 through 10.2.5.

(Procedure), and calculations in

accordance with sections 11.1 through

11.3.2 (Calculation and Report) of the

ASTM F2324-2003, "Standard Test

Method for Prerinse Spray Valves."

Perform only the procedures pertinent

to the measurement of flow rate. Record

measurements at the resolution of the

test instrumentation. Round off

calculations to the same number of

significant digits as the previous step.

Round the final water consumption

value to one decimal place as follows:

(1) A fractional number at or above

the midpoint between two consecutive

decimal places shall be rounded up to

the higher of the two decimal places; or

(2) A fractional number below the

midpoint between two consecutive

decimal places shall be rounded down

to the lower of the two decimal places.

§ 431.265 Units to be tested.

For each basic model of commercial

prerinse spray valves selected for

testing, a sample of sufficient size shall

be selected at random and tested to

ensure that (Components of similar

design may be substituted without

requiring additional testing if the

represented measures of energy

continue to satisfy the-applicable

sam ling provision.)-

(aAy represented value of

estimated water consumption or other

measure of water consumption of a

basic model for which consumers would

favor lower values shall be no less than

the higher of:

(1) The mean of the sample, or

(2) The upper 95 percent confidence

limit of the true mean divided by 1.10;

and

(b) Any represented value of the water

efficiency or other measure of water

consumption of a basic model for which

consumers would favor higher values

shall be no greater than the lower of:

(1) The mean of the sample, or

(2) The lower 95 percent confidence

limit of the true mean divided by 0.90.

23. Part 431 is amended by adding a

new Subpart Q to read as follows:

Subpart Q-Refrigerated Bottled or Canned

Beverage Vending Machines

Sec.

437.291 Scope.

431.292 Definitions concerning refrigerated

bottled or canned beverage vending

machines.

Test Procedures

431.293 Materials incorporated by

reference.

431.294 Uniform lest method for the

measurement of energy consumption of

refrigerated hot (led or canned beverage

vending machines.

431.295 Units to be tested.

Subpart Q-Refrigerated Bottled or

Canned Beverage Vending Machines

§ 431.291 Scope.

This subpart specifies test procedures

and energy conservation standards for

certain commercial refrigerated bottled

or canned beverage vending machines,

pursuant to Part C of Title Ill of the

Energy Policy and Conservation Act, as

amended, 42 U.S.C. 6311-6316.

§431.292 Definitions concerning

refrigerated bottled or canned beverage

vending machines.

Basic model means, with respect to

refrigerated bottled or canned beverage

vending machines, all units of a given

EERE-2006-DET-0136 COMMENT 01.3
42214 Federal Register /Vol. 71, No. 142 /Tuesday, July 25, 2006 /Proposed Rules

type of refrigerated bottled or canned

beverage vending machine (or class

thereof) manufactured by one

manufacturer and which have the same

primary energy source, which have

electrical characteristicsthat are

essentially identical, and which do not

have any differing electrical, physical,

or functional characteristics that affect

energy consumption.

Refrigerated bottled or canned

beverage vending machine means a

commercial refrigerator that cools

bottled or canned beverages and

dispenses the bottled or canned

beverages on payment.

Test Procedures

§431.293 Materials incorporated by

reference.

(a) General. The Department

incorporates by reference the following

test procedures into Subpart Q of Part

431. The Director of the Federal Register

has approved the material listed in

paragraph (b) of this section for

incorporation by reference in

accordance with 5 U.S.C. 552(a) and i

CFR Part 51. Any subsequent

amendment to this material by the

standard-setting organization will not

affect the DOE test procedures unless

DOE amends its test procedures. The

Department incorporates the material as

it exists on the date of the approval by

the Federal Register and a notice of any

change in the material will be published

in the Federal Register.

(b) Test procedures incorporated by

reference. American Society of Heating,

Refrigerating and Air-Conditioning

Engineers, Inc. (ASHRAE) Standard

32.1-2004, "Methods of Testing for

Rating Vending Machines for Bottled,

Canned, and Other Sealed Beverages."

(c) Availability of references. (1)

Inspection of test procedures. The test

procedures incorporated by reference

are available for inspection at:

(i) National Archives and Records

Administration (NARA). For

information on the availability of this

material at NARA, call (202) 741-6030.

or go to: hitp://wca,m.archives.gov/

fed eral -register/c fi•/ibr-l ocation s.h tint.

(ii) U.S. Department of Energy,

Forrestal Building, Room 1J-018

(Resource Room of the Building

Technologies Program), 1000

Independence Avenue, SW.,

Washington, DC 20585-0121, (202) 586-

9127. between 9 a.m. and 4 p.m.,

Monday through Friday, except Federal

holidays.

(2) Obtaining copies of standards.

Standards incorporated by reference

may be obtained from the following

sources: Copies of ASHRAE Standard

32.1-2004 can be obtained from the

American Society of Heating,

Refrigerating and Air-Conditioning

Engineers, Inc., 1791 Tullie Circle NE,

Atlanta, GA 30329-2305, (404) 636-

8400, or http://14'ww.ashiae.org. -

§ 431.294 Uniform test method for the

measurement of energy consumption of

refrigerated bottled or canned beverage

vending machines.

(a) Scope. This section provides test

procedures that must be followed for

measuring, pursuant to SPCA, the

energy consumption of refrigerated

bottled or canned beverage vending

machines.

(b) Testing and Calculations. The test

procedure for energy consumption of

refrigerated bottled or canned beverage

vending machines shall be conducted in

accordance with the test procedures

specified in section 4, "Instruments,"

section 5, "Vending Machine Capacity,"

section 6, "Test Conditions," and

sections 7.1 through 7.2.3.2, under "Test

Procedures," of ANSI/ASHRAE

Standard 32.1-2004, "Methods of

Testing for Rating Vending Machines for

Bottled, Canned, and Other Sealed

Beverages."

§ 431.295 Units to be tested.

For each basic model of refrigerated

bottled or canned beverage vending

machine selected for testing, a sample of

sufficient size shall be selected at

random and tested to ensure that

(Components of similar design may be

substituted without requiring additional

testing if the represented measures of

energy continue to satisfy the applicable

sampling provision.)-

(a) Any represented value of

estimated energy consumption or other

measure of energy consumption of a

basic model for which consumers would

favor lower values shall be no less than

the higher of:

(1) The mean of the sample, or

(2) The upper 95 percent confidence

limit of the true mean divided by 1.10;

and

(b) Any represented value of the

energy efficiency or other measure of

energy consumption of a basic model for

which consumers would favor higher

values shall be no greater than the lower

of:

(1) The mean of the sample, or

(2) The lower 95 percent confidence

limit of the true mean divided by 0.90.

24. Part 431 is amended by adding a

new Subpart T to read as follows:

Subpart T-Certification and Enforcement

Sec.

431.370 Purpose and scope.

431.371 Submission of data.

431.372 Sampling.

431.373 Enforcement.

Appendix A to Subpart T of Part 431-

Compliance Statement for Certain

Commercial Equipment

Appendix B to Subpart T of Part 431-

Certification Report for Certain

Commercial Equipment

Appendix C to Subpart T of Part 431-

Certification Report for Distribution

Transformers

Appendix D to Subpart T of Part 431-

Enforcement for performance standards:

Compliance Determination Procedure for

Certain Commercial Equipment

Subpart T-Certification and

Enforcement

§ 431.370 Purpose and scope.

This subpart sets forth the procedures

to be followed for manufacturer

compliance certifications of all covered

equipment except electric motors, and

for DOE enforcement action to

determine whether a basic model of

covered equipment, other than electric

motors and distribution transformers,

complies with the applicable energy or

water conservation standard set forth in

this part. Energy and water conservation

standards include minimum levels of

efficiency and maximum levels of

consumption (also referred to as

performance standards), and

prescriptive design requirements (also

referred to as design standards). This

subpart does not apply to electric

motors.

§ 431.371 Submission of data.

(a) Certification. (1) Except as

provided in paragraph (a)(2) of this

section, each manufacturer or private

labeler before distributing in commerce

any basic model of covered equipment,

covered by this subpart and subject to

an energy or water conservation

standard set forth in this part, shall

certify by means of a compliance

statement and a certification report that

each basic model meets the applicable

energy or water conservation standard.

The compliance statement, signed by

the company official submitting the

statement, and the certification report(s)

shall be sent by certified mail to:

Department of Energy, Office of Energy

Efficiency and Renewable Energy,

Building Technologies Program,

Forrestal Building, 1000 Independence

Avenue, SW., Washington, DC 20585-

0121, or e-mailed to the Department at:

ceilificotion.report@ee.doe.gov.

(2) Each manufacturer or private

labeler of a basic model of commercial

clothes washer, distribution

transformer, traffic signal module,

pedestrian module, and commercial

prerinse spray valve shall file a

compliance statement and its first

certification report with DOE on or

EERE-2006-DET-0136 COMMENT 01.3
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before [Date 1 Year After Publication of

the Final Rule in the Federal Register].

Each manufacturer or private labeler of

a basic model of low-voltage dry-type

distribution transformer shall file a

compliance statement and its first

certification report with DOE on or

before January 1, 2008.

(3) Amendment of information. If

information in a compliance statement

or certification report previously

submitted to the Department under this

section is found to be incorrect, each

manufacturer or private labeler (or an

authorized representative) must submit

the corrected information to the

Department at the address and in the

manner described in this section.

(4) Notices designating a change of

third-party representative must be sent

to the Department at the address and in

the manner described in this section.

(5) The compliance statement, which

each manufacturer or private labeler

need not submit more than once, shall

include all information specified in the

format set forth in Appendix A of this

subpart and shall certify, with respect to

each basic model currently produced by

the manufacturer and new basic models

it introduces in the future, that:

(i) Each basic model complies and

will comply with the applicable energy

or water conservation standard;

(ii) All representations as to efficiency

in the manufacturer's certification

report(s) are and will be based on testing

and/or use of an AEDM in accordance

with 10 CFR Part 431;

(iii) All information reported in the

certification report(s) is and will be true,

accurate, and complete; and

(iv) The manufacturer or private

labeler is aware of the penalties

associated with violations of the Act,

the regulations thereunder, and 18

U.S.C. 1001, which prohibits knowingly

making false statements to the Federal

Government.

(6) Each manufacturer must submit to

DOE a certification report for all of its

basic models.

(i) For covered equipment that are

subject to standards other than

distribution transformers and electric

motors, the certification report (for

which a suggested format is set forth in

Appendix B of this subpart) shall

include for each basic model the

product type. product class,

manufacturer's name, private labeler's

name(s) (if applicable), and the

manufacturer's model number(s), and:

(A) The thermal efficiency in percent

and the maximum rated capacity (rated

maximum input) in Btu/h of

commercial warm air furnaces;

(B) The combustion efficiency in

percent and the capacity (rated

maximum input) in Btu/h of

commercial package boilers;

(C) The seasonal energy efficiency

ratio and the cooling capacity in Btu/h

of small commercial, air cooled, threephase, packaged air conditioners less

than 65,000 Btu/h;

(D) The energy efficiency ratio and the

cooling capacity in Btu/h of small

commercial water-cooled and

evaporatively cooled packaged air

conditioners less than 65,000 Btu/h;

(E) The energy efficiency ratio and the

cooling capacity in Btu/h of large and

very large commercial air cooled, watercooled, and evaporatively cooled

packaged air conditioners;

(F) The energy efficiency ratio and the

cooling capacity in Btu/h of packaged

terminal air conditioners;

(G) The seasonal energy efficiency

ratio, the heating seasonal performance

factor and the cooling capacity in Btu/

h of small commercial air cooled, threephase packaged air conditioning heat

pumps less than 65,000 Btu/h;

(H) The energy efficiency ratio, the

coefficient of performance and the

cooling capacity in Btu/h of small

commercial water-source packaged air

conditioning heat pumps;

(I) The energy efficiency ratio, the

coefficient of performance and the

cooling capacity in Btu/h of large and

very large air cooled commercial

package air conditioning heat pumps;

(J) The energy efficiency ratio,

coefficient of performance and the

cooling capacity in Btu/h of packaged

terminal heat pumps;

(K) The maximum standby loss in

percent per hour of electric storage

water heaters;

(L) The minimum thermal efficiency

in percent, the maximum standby loss

in Btu/h, and the size (input capacity)

in Btu/h of gas- and oil-fired storage

water heaters;

(M) The minimum thermal efficiency

in percent, maximum standby loss in

Btu/h, and the size (storage capacity) in

gallons of gas- and oil-fired

instantaneous water heaters and gasand oil-firer] hot water supply boilers

greater than or equal to 10 gallons;

(N) The minimum thermal efficiency

in percent and the size (storage

capacity) in gallons of gas- and oil-fired

instantaneous water heaters and gasand oil-fired hot water supply boilers

less than 10 gallons:

(O) The minimum thermal insulation

and the storage capacity of unfired hot

water storage tanks:

(P) The maximum daily energy

consumption in kilowatt hours per day

and volume in cubic feet of refrigerators

with solid doors, refrigerators with

transparent doors, freezers with solid

doors, and freezers with transparent

doors;

(Q) The maximum daily energy

consumption in kilowatt hours per day

and adjusted volume in cubic feet of

refrigerator-freezers with solid doors;

(R) The equipment type, type of

cooling, maximum energy use in

kilowatt hours per 100 pounds of ice,

maximum condenser water use in

gallons per 100 pounds of ice, and

harvest rate in pounds of ice per 24

hours of commercial ice makers;

(S) The modified energy factor and

water consumption factor of commercial

clothes washers;

(T) The input power demand in watts

of illuminated exit signs;

(U) The nominal and maximum

wattage in watts and signal type of

traffic signal modules and pedestrian

modules; and

(V) The flow rate in gallons per

minute of commercial prerinse spray

valves.

(ii) For the least efficient basic model

of distribution transformer within each

"kVA grouping" for which this part

prescribes an efficiency standard, the

certification report (for which a

suggested format is set forth in

Appendix C of this subpart shall

include the kVA rating, the insulation

type (i.e., low-voltage dry-type,

medium-voltage dry-type or liquidimmersed), the number of phases (i.e..

single-phase or three-phase), the BIL

group rating (for medium-voltage drytypes), the model number(s), the

efficiency. and the method used to

determine the efficiency (i.e., actual

testing or an AEDM). As used in this

section, a "kVA grouping" is a group of

basic models which all have the same

kVA rating, have the same insulation

type (i.e., low-voltage dry-type,

medium-voltage dry-type or liquidimmersed), have the same number of

phases (i.e., single-phase or threephase), and, for medium-voltage drytypes, have the same BIL group rating

(i.e., 20-45 kV BIL, 46-95 kV BIL or

greater than 96 kV BIL).

(7) Copies of reports to the Federal

Trade Commission that include the

information specified in paragraph (a)(6)

of this section could serve in lieu of the

certification report.

(b) Model modifications. Any change

to a basic model that affects energy or

water consumption (in the case of

prerinse spray valves) constitutes the

addition of a new basic model. If such

a change reduces consumption, the new

model shall be considered in

compliance with the standard without

any additional testing. If, however, such

a change increases consumption while

meeting the standard, then

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(1) For distribution transformers, the

manufacturer must submit all

information required by paragraph

(a)(6)(ii) of this section for the new basic

model, unless the manufacturer has

previously submitted to DOE a

certification report for a basic model of

distribution transformer that is in the

same kVA grouping as the new basic

model, and that has a. lower efficiency

than the new basic model;

(2) For other equipment, the

manufacturer must submit all

information required by paragraph (a)(6)

of this section for the new basic model;

and

(3) Any such submission shall be by

certified mail, to: Department of Energy,

Office of Energy Efficiency and

Renewable Energy, Building

Technologies Program, Forrestal

Building, 1000 Independence Avenue,

SW., Washington, DC 20585-0121 , or emailed to the Department at:

certification .report u ee.doe.gov.

(c) Discontinued model. For

equipment other than distribution

transformers, when production of a

basic model has ceased and is no longer

being distributed, the manufacturer

shall report this, by certified mail, to:

Department of Energy, Office of Energy

Efficiency and Renewable Energy,

Building Technologies Program,

Forrestal Building, 1000 Independence

Avenue, SW.. Washington, DC 20585-

0121, or e-mailed to the Department at:

certification.reportaee.doe.gov. For each

basic model, the report shall include:

equipment type, equipment class, the

manufacturer's name, the private

labeler's name(s), if applicable. and the

manufacturer's model number. If the

reporting of discontinued models

coincides with the submittal of a

certification report, such information

can be included in the certification

report.

(d) Third-party representation. A

manufacturer or private labeler may

elect to use a third party (such as a trade

association or other authorized

representative) to submit the

certification report to DOE. Such

certification reports shall include all the

information specified in paragraph (a)(6)

of this section. Third parties submitting

certification reports shall include the

names of the manufacturers or private

labelers who authorized the submittal of

the certification reports to DOE on their

behalf. The third-party representative

also may submit discontinued model

information on behalf of an authorizing

manufacturer.

§431.372 Sampling.

For purposes of a certification of

compliance, the determination that a

basic model complies with the

applicable energy conservation standard

or water conservation standard shall be

based upon the testing and sampling

procedures, and other applicable rating

procedures set forth in this part. For

purposes of a certification of

compliance, the determination that a

basic model complies with the

applicable design standard shall be

based on the incorporation of specific

design requirements specified in this

part.

§ 431.373 Enforcement.

Process for Covered Equipment Other

than Electric Motors. For covered

equipment other than electric motors,

this section sets forth procedures DOE

will follow in pursuing alleged noncompliance with an applicable energy

or water conservation standard.

Paragraph (c) of this section applies to

all such covered equipment, paragraphs

(a)(1) and (a)(2) of this section apply to

all such equipment except for

distribution transformers and

commercial heating, ventilating, and air

conditioning equipment and

commercial water heating equipment.

(a) Performance standards-(1) Test

notice. Upon receiving information in

writing concerning the energy

performance or water performance (in

the case of commercial prerinse spray

valves) of a particular covered

equipment sold by a particular

manufacturer or private labeler, which

indicates that the covered equipment

may not be in compliance with the

applicable energy-or water-performance

standard, the Secretary may conduct a

review of the test records. The Secretary

may then conduct enforcement testing

of that equipment by means of a test

notice addressed to the manufacturer or

private labeler in accordance with the

following requirements:

(i) The test notice procedure will only

be followed after the Secretary or his/

her designated representative has

examined the underlying test data (or,

where appropriate, data about the use of

an alternative efficiency determination

method (AEDM)) provided by the

manufacturer, and after the

manufacturer has been offered the

opportunity to meet with the

Department to verify compliance with

the applicable energy conservation

standard or water conservation

standard. When compliance of a basic

model was certified based on an AEDM,

the Department has the discretion to

pursue other steps provided under this

part for verifying the AEDM before

invoking the test notice procedure. A

representative designated by the

Secretary must be permitted to observe

any reverification procedures

undertaken according to this subpart,

and to inspect the results of such

reverification.

(fi) The test notice will be signed by

the Secretary or his/her designee and

will be mailed or delivered by the

Department to the plant manager or

other responsible official designated by

the manufacturer.

(iii) The test notice will specify the

model or basic model to be selected for

testing, the number of units to be tested,

the method for selecting these units, the

date and time at which testing is to

begin, the date when testing is

scheduled to be completed, and the

facility at which testing will be

conducted. The test notice may also

provide for situations in which the

selected basic model is unavailable for

testing, and it may include alternative

basic models. For equipment that this

part allows to be rated by use of an

AEDM, the specified basic model may

be one that the manufacturer has rated

by actual testing or that it has rated by

the use of an AEDM.

(iv) The Secretary may require in the

test notice that the manufacturer of a

covered equipment shall ship at his

expense a reasonable number of units of

each basic model specified in the test

notice to a testing laboratory designated

by the Secretary. The number of units of

a basic model specified in a test notice

shall not exceed 20.

(v) Within five working days of the

time the units are selected, the

manufacturer must ship the specified

test units of a basic model to the

designated testing laboratory.

(2) Testing Laboratory. Whenever the

Department conducts enforcement

testing at a designated laboratory in

accordance with a test notice under this

section, the resulting test data shall

constitute official test data for that basic

model. The Department will use such

test data to make a determination of

compliance or noncompliance.

(3) Sampling. The Secretary will base

the determination of whether a

manufacturer's basic model complies

with the applicable energy-or waterperformance standard on testing

conducted in accordance with the

applicable test procedures specified in

this part, and with the following

statistical sampling procedures:

(i) For commercial prerinse spray

valves, illuminated exit signs, traffic

signal modules and pedestrian modules,

refrigerated bottled or canned vending

machines, and commercial clothes

washers. the methods are described in

Appendix B to Subpart F of Part 430

(Sampling Plan for Enforcement

Testing).

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(ii) For automatic commercial ice

makers, as Well as commercial

refrigerators . freezers, and refrigeratorsfreezers, the methods are described in

Appendix C to Subpart T of Part 431

and include the following provisions:

(A) Except as required or provided in

paragraphs ( a)(3)(ii)(B) and (a)(3)(ii)(C)

of this section, initially, the Department

will test four units.

(B) Except as provided in paragraph

(a)(3)(ii)(C) of this section, if fewer than

four units of basic model are available

for testing when the manufacturer

receives the test notice, then:

(1) DOE will test the available unit(s);

or

(2) If one or more other units of the

basic model are expected to become

available within six months . DOE may

instead at its discretion , test either:

(i) The available unit(s) and one or

more of the other units that

subsequently become available (up to a

maximum of four); or

(ii) Up to four of the other units that

subsequently become available.

(C) Notwithstanding paragraphs

(a)(3)(ii)(A) and (a)(3)(ii)(B) of this

section , if testing of the available or

subsequently available units of a basic

model would be impractical, as for

example when a basic model is very

large, has unusual testing requirements,

or has limited production, the

Department may in its discretion decide

to base the determination of compliance

on the testing of fewer than the available

number of units, if the manufacturer so

requests and demonstrates that the

criteria of this paragraph are met.

(D) When testing units under

paragraphs ( a)(3)(ii )(A), (a)(3)(ii )(B), or

(a)(3)(ii)(C) of this section, DOE shall

perform the following number of tests:

(1) If DOE tests three or four units, it

will test each unit once;

(2) If DOE tests two units , it will test

each unit twice; or

(3) If DOE tests one unit , it will test

each unit four times.

(E) When it tests three or fewer units,

the Department will base the

compliance determination on the results

of such testing in a manner otherwise in

accordance With this section.

(F) For the purposes of paragraphs

(a)(3)(ii )(A) through (a)(3)(ii)(C) of this

section, available units are those that are

available for commercial distribution

within the United States.

(4) Test unit selection. (i) For

commercial prerinse spray valves,

illuminated exit signs, traffic signal

modules and pedestrian modules,

refrigerated bottled or canned vending

machines, and commercial clothes

washers, the following applies:

(A) The Department shall select a

batch, a batch sample, and test units

from the batch sample in accordance

with the following provisions of this

paragraph and the conditions specified

in the test notice:

(B) The batch may be subdivided by

the Department using criteria specified

in the test notice.

(C) The Department Will then

randomly select a batch sample of up to

20 units from one or more subdivided

groups within the batch. The

manufacturer shall keep on hand all

units in the batch sample until the basic

model is determined to be in

compliance or non-compliance.

(D) The Department will randomly

select individual test units comprising

the test sample from the batch sample.

(E) All random selection shall be

achieved by sequentially numbering all

of the units in a batch sample and then

using a table of random numbers to

select the units to be tested.

(ii) For automatic commercial ice

makers. as well as commercial

refrigerators, freezers, and refrigeratorfreezers, the following applies:

(A) The Department will select a

batch from all available units, and a test

sample (i.e., the units to be tested) from

the batch, in accordance with the

provisions of this paragraph and the

conditions specified in the test notice.

(B) DOE may select the batch by

utilizing the criteria specified in the test

notice, that is, date of manufacture,

component-supplier, location of

manufacturing facility, or other criteria

which may differentiate one unit from

another within a basic model.

(C) DOE will randomly select

individual units to be tested, comprising

the test sample, from the batch. DOE

will achieve random selection by

sequentially numbering all of the units

in a batch and then using a table of

random numbers to select the units to

be tested. The manufacturer must keep

on hand all units in the batch until such

time as the inspector determines that

the unit(s) selected for testing is(are)

operative. Thereafter, once a

manufacturer distributes or otherwise

disposes of any unit in the batch, it may

no longer claim under paragraph

(a)(5)(iii ) of this section that a unit

selected for testing is defective due to a

manufacturing defect or failure to

operate in accordance with its design

and operating instructions.

(5) Test unit preparation. (i) Before

and during the testing, a test unit

selected in accordance with paragraph

(a)(4) of this section shall not be

prepared. modified, or adjusted in any

manner unless such preparation,

modification, or adjustment is allowed

42217

by the applicable DOE test procedure.

DOE will test each unit in accordance

with the applicable test procedures.

(ii) No one may perform any quality

control, testing, or assembly procedures

on a test unit, or any parts and

subassemblies thereof, that is not

performed during the production and

assembly of all other units included in

the basic model.

(iii) A test unit shall be considered

defective if it is inoperative. A test unit

is also defective if it is found to be in

noncompliance due to a manufacturing

defect or due to failure of the unit to

operate according to the manufacturer's

design and operating instructions, and

the manufacturer demonstrates by

statistically valid means that, with

respect to such defect or failure, the unit

is not representative of the population

of production units from which it is

obtained. Defective units, including

those damaged due to shipping or

handling, must be reported immediately

to DOE. The Department will authorize

testing of an additional unit on a caseby-case basis.

(6) Testing at manufacturer's option.

(i) If the Department determines a basic

model to be in noncompliance with the

applicable energy performance standard

or water performance standard at the

conclusion of its initial enforcement

sampling plan testing, the manufacturer

may request that the Department

conduct additional testing of the basic

model. Additional testing under this

paragraph must be in accordance with

the applicable test procedure, and:

(A) For commercial prerinse spray

valves, illuminated exit signs, traffic

signal modules and pedestrian modules,

refrigerated bottled or canned vending

machines, and commercial clothes

washers, the applicable provisions in

Appendix B to Subpart F of Part 430;

(B) For automatic commercial ice

makers, as well as commercial

refrigerators, freezers, and refrigeratorfreezers, the applicable provisions in

Appendix C of this subpart, and limited

in a maximum of six additional units of

basic model.

(ii) All units tested under this

paragraph shall be selected and tested in

accordance with paragraphs (a)(1)(v),

(a)(2), (a)(4), and (a)(5) of this section.

(iii) The manufacturer shall bear the

cost of all testing under this paragraph.

(iv) The Department will advise the

manufacturer of the method for

selecting the additional units for testing,

the date and time at which testing is to

begin, the date by which testing is

scheduled to be completed, and the

facility at which the testing will occur.

(v) The manufacturer shall cease

distribution of the basic model tested

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under the provisions of this paragraph

from the time the manufacturer elects to

exercise the option provided in this

paragraph until the basic model is

determined to be in compliance. The

Department may seek civil penalties for

all units distributed during such period.

(vi) If the additional testing results in

a determination of compliance, the

Department will issue a notice of

allowance to resume distribution.

(b) Design standard. In the case of a

design standard , the Department can

determine that a model is noncompliant

after the Department has examined the

underlying design information of the

manufacturer and has offered the

manufacturer the opportunity to verify

compliance with the applicable design

standard.

(c) Cessation of distribution of a basic

model of commercial equipment other

than electric motors. (I) In the event the

Department determines , in accordance

with enforcement provisions set forth in

this subpart , a model of covered

equipment is noncompliant, or if a

manufacturer or private labeler

determines one of its models to be in

noncompliance , the manufacturer or

private labeler shall:

(i) Immediately cease distribution in

commerce of all units of the basic model

in question;

(ii) Give immediate written

notification of the determination of

noncompliance to all persons to whom

the manufacturer has distributed units

of the basic model manufactured since

the date of the last determination of

compliance; and

( iii) If requested by the Secretary.

provide DOE within 30 days of the

request, records, reports and other

documentation pertaining to the

acquisition . ordering, storage , shipment,

or sale of 'a basic model determined to

be in noncompliance.

(2) The manufacturer may modify the

noncompliant basic model in such

manner as to make it comply with the

applicable performance standard. The

manufacturer or private labeler must

treat such a modified basic model as a

nexv_basic model and certify it in

accordance with the provisions of this

subpart. In addition to satisfying all

requirements of this subpart, the

manufacturer must also maintain

records that demonstrate that

modifications have been made to all

units of the new basic model before its

distribution in commerce.

(3) If a manufacturer or private labeler

has a basic model that is not properly

certified in accordance with the

requirements of this subpart, the

Secretary may seek, among other

remedies, injunctive action to prohibit

distribution in commerce of the basic

model.

Appendix A to Subpart T of Part 431-

Compliance Statement for Certain

Commercial Equipment

Product:

The third-party organization authorized to

act as representative:

Third-Party Organization:

Address:

Telephone Number:

Manufacturer's or Private Labeler's Name and Facsimile Number:

Address:

(Company name] ("the company") submits

this Compliance Statement under 10 CFR

Part 431 (Energy Efficiency Program for

Certain Commercial and Industrial

Equipment) and Part C of the Energy Policy

and Conservation Act (Pub. L. 94-163), and

amendments thereto. I am signing this on

behalf of and as a responsible official of the

company. All basic models of commercial or

industrial equipment subject to energy

conservation standards specified in 10 CFR

Part 431 that this company manufacturers

comply with the applicable energy or water

conservation standard(s). We have complied

with the applicable testing requirements

(prescribed in 10 CPR Part 431) in making

this determination, and in determining the

energy efficiency, energy use, or water use

that is set forth in any accompanying

Certification Report. All information in such

Certification Report(s) and in this

Compliance Statement is true, accurate, and

complete. The company pledges that all this

information in any future Compliance

Statement(s) and Certification Report(s) will

meet these standards, and that the company

will comply with the energy conservation

requirements in 10 CFR Part 431 with regard

to any new basic model it distributes in the

future. The company is aware of the penalties

associated with violations of the Act and the

regulations thereunder, and is also aware of

the provisions contained in 18 U.S.C. 1001.

which prohibits knowingly making false

statements to the Federal Government.

Name of Company Official:

Signature of Company Official:

Title:

Firm or Organization:

Dale:

Name of Person to Contact for Further Information:

Address:

Appendix B to Subpart T to Part 431-

Certification Report for Certain

Commercial Equipment

All information reported in this

Certification Report(s) is true , accurate, and

complete. The company is aware of the

penalties associated with violations of the

Act, the regulations thereunder, and is also

aware of the provisions contained in 18

U.S.C. 1001, which prohibits knowingly

making false statements to the Federal

Government.

Name of Company Official or Third-Party

Representative:

Signature of Company Official or Third-Party

Representative:

Title:

Date:

Equipment Type:

Manufacturer:

Private Labeler (if applicable):

Name of Person to Contact for Further Information:

Address:

Telephone Number:

Facsimile Number:

For Existing, New, or Modified Models: 7

For Discontinued Models: 2

Submit by Certified Mail to: U.S.

Department of Energy, Office of Energy

Efficiency and Renewable Energy, Building

Technologies Program, Forrestal Building,

1000 independence Avenue, SW.,

Washington, DC 20585-0121.

Submit by E-mail to: U.S. Department of

Energy, Office of Energy Efficiency and

Renewable Energy, Building Technologies

Program, 1000 Independence Avenue, SW.,

Washington, DC 20585-0121, (202) 586-

9127. E-mail: certification.report@@ee.doe.gov.

Telephone Number:

Facsimile Number:

Third-Party Representation (if applicable)

For a certification reports prepared and

submitted by a third-party organization

under the provisions of 10 CFR Part 431. the

company official who authorized said thirdparty representation is:

Name:

Appendix C to Subpart T of Part 431-

Certification Report for Distribution

Transformers

All information reported in this

Certification Report(s) is true, accurate, and

complete. The company is aware of the

penalties associated with violations of the

Act, the regulations thereunder, and is also

aware of the provisions contained in 18

U.S.C. 1001, which prohibits knowingly

Title:

Address:

Telephone Number:

making false statements to the Federal

Government.

.1 Provide specific equipment information

including. for each basic model, the product class.

the manufacturer's model number(s), and the other

information required in 431.371(a)( 6)(i).

Facsimile Number: 2Provide manufacturer's model number(s).

EERE-2006-DET-0136 COMMENT 01.3
i

Federal Register /Vol. 71, No. 142 /Tuesday, July 25, 2006 /Proposed Rules 42219

Name of Company Official or Third-Party

Representative:

Signature of Company Official or Third-Party

Representative:

Title:

Date:

Equipment Type:

Manufacturer:

performance for each unit in accordance with

the following table:

Sample size

Number of

tests for

each unit

4 ................................................

3 ................................................

2 ................................................

1 ................................................

is equal to or greater than the lower control

limit or. for an energy consumption standard,

the sample mean is equal to or less than the

upper control limit. If. for an energy

efficiency standard, the sample mean is less

than the lower control limit or, for an energy

consumption standard. the sample mean is

greater than the upper control limit,

compliance has not been demonstrated.

Unless the manufacturer requests

manufacturer-option testing and provides the

additional units for such testing, the basic

model is in noncompliance and the testing is

at an end.

(2) If the manufacturer does request

additional testing, and provides the

necessary additional units, DOE will test

each unit the same number of times it tested

previous units. DOE will then compute a

combined sample mean, standard deviation,

and standard error as described above. (The

"combined sample" refers to the units DOE

initially tested plus the additional units DOE

has tested at the manufacturer's request.)

DOE will determine compliance or

noncompliance from the mean and the new

lower or upper control limit of the combined

sample. If, for an energy efficiency standard,

the combined sample mean is equal to or

greater than the new lower control limit or,

for an energy consumption standard, the

sample mean is equal to or less than the

upper control limit, the basic model is in

compliance, and testing is at an end. if the

combined sample mean does not satislb one

of these two conditions, the basic model is

in noncompliance and the testing is at an

end.

2

4

Private Labeler (if applicable): (b) Compute the mean of the measured

Name of Person to Contact for Further Infor- energy performance (x I) for all tests as

mation: follows:

Address:

Telephone Number:

Facsimile Number:

For Existing, New, or Modified Models:

Prepare tables that will list distribution

transformer efficiencies. Each table should

have a heading that provides the name of the

manufacturer, as well as the type of

transformer (i.e., low-voltage dry-type,

liquid-immersed, or medium-voltage drytype) and the number of phases for the

transformers reported in that table. Each table

should also have five columns, labeled "kVA

rating," "BIL rating" for medium-voltage

units, "Least efficient basic model (model

number(s))," "Efficiency (%)" and "Test

rating." Each table should have one row for

each of the kVA groups that are produced by

the manufacturer and that are subject to

minimum efficiency standards. In the "Test

Method Used" column, the manufacturer

should report whether the efficiency of the

reported least efficient basic model in that

kVA grouping was determined by testing or

through the application of an alternative

efficiency determination method.

Submit by Certified Mail to: U.S.

Department of Energy, Office of Energy

Efficiency and Renewable Energy, Building

Technologies Program, Forrestal Building,

1000 Independence Avenue, SW.,

Washington, DC 20585-0121.

Submit by E-mail to: U.S. Department of

Energy, Office of Energy Efficiency and

Renewable Energy, Building Technologies

Program. 1000 Independence Avenue, SW.,

Washington, DC 20585-0121, (202) 586-

9127. E-mail: certification.report@ee.doe.gov.

Appendix D to Subpart T of Part 431-

Enforcement for Performance

Standards; Compliance Determination

Procedure for Certain Commercial

Equipment

The Department will determine

compliance as follows:

(a) After it has determined the sample size.

the Department will measure the energy

x1 x [1 ]

9 Provide specific equipment information

including for each basic model, the product class.

the manufacturer's model number(s), and the other

information required in § 431.371 (a)(6)(1).

Where x, is the measured energy efficiency or

consumption from test i, and n, is the total

number of tests.

(c) Compute the standard deviation (s,) of

the measured energy performance from the n,

tests as follows:

(X1 -X,)z

n1 -I

[2]

(d) Compute the standard error (Si),of the

measured energy performance from the n,

tests as follows:

Sr [3]

(e)(1) For an energy efficiency standard,

compute the lower control limit (LCLI)

according to:

LCL, = EPS - tsx, [4a]

or

LCLI = 97.5 EPS [4b]

(whichever is greater)

(2) For an energy use standard, compute

the upper control limit (UCLI) according to:

UCLI =EPS+tsx [5a]

or

UCLI = 1.025 EPS [5b]

(whichever is less)

Where EPS is the energy performance

standard and t is a statistic based on a 97.5-

percent, one-sided confidence limit and a

sample size of n,.

(f)(1) Compare the sample mean to the

control limit. The basic model is in

compliance and testing is at an end if. for an

energy efficiency standard, the sample mean

25. Section 431.408 is added to

Subpart V to read as follows:

§ 431.408 Preemption of State regulations

for covered equipment other than electric

motors and commercial HVAC and WH

products.

This section concerns State

regulations providing for any energy

conservation standard, or water

conservation standard (in the case of

commercial prerinse spray valves or

commercial clothes washers), or other

requirement with respect to the energy

efficiency, energy use, or water use (in

the case of commercial prerinse spray

valves or commercial clothes washers),

for any covered equipment other than

an electric motor or commercial HVAC

and WH product. Any such regulation

that contains a standard or requirement

that is not identical to a Federal

standard in effect under this subpart is

preempted by that standard, except as

provided for in sections 327(b) and (c)

and 345 (e), (f) and (g) of the Act.

(FR Doc. 06-6395 Filed 7-24-06: 8:45 am]

BILLING CODE 6450-01-P

EERE-2006-DET-0136 COMMENT 01.3