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

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Federal RegisterOct 9, 2024
89 Fed. Reg. 81994 (Oct. 9, 2024)
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    Department of Energy
  • 10 CFR Parts 429 and 431
  • [EERE-2023-BT-CE-0001]
  • RIN 1904-AF48
  • AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

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

    DATES:

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

    ADDRESSES:

    The docket, which includes Federal Register notices, public meeting attendee lists and transcripts, comments, and other supporting documents/materials, is available for review at www.regulations.gov. All documents in the docket are listed in the www.regulations.gov index. However, not all documents listed in the index may be publicly available, such as those containing information that is exempt from public disclosure.

    A link to the docket web page can be found at www.regulations.gov/docket/EERE-2023-BT-CE-0001 . The docket web page contains instructions on how to access all documents, including public comments, in the docket.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Lucas Adin, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-2J, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 287-5904. Email: ApplianceStandardsQuestions@ee.doe.gov.

    Mr. Eric Stas, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 586-4798. Email: Eric.Stas@hq.doe.gov.

    For further information on how to review the docket contact the Appliance and Equipment Standards Program staff at (202) 287-1445 or by email: ApplianceStandardsQuestions@ee.doe.gov.

    SUPPLEMENTARY INFORMATION:

    Table of Contents

    I. Authority and Background

    A. Authority

    B. Background

    II. Synopsis of the Final Rule

    III. Discussion

    A. General Comments

    1. Rulemaking Process

    2. Compliance Timeline

    3. Collection of Information

    4. Certification Reporting Cost and Burden

    5. Calculations for Enforcement Testing

    6. Comments on Products/Equipment not Included in the September 2023 CCE NOPR

    B. Central Air Conditioners and Heat Pumps

    1. Reporting

    2. Reporting Costs and Impacts

    C. Dishwashers

    1. Reporting

    2. Reporting Costs and Impacts

    D. Residential Clothes Washers

    1. Reporting

    2. Reporting Costs and Impacts

    E. Pool Heaters

    1. Reporting

    2. Reporting Costs and Impacts

    F. Dehumidifiers

    1. Reporting

    2. Reporting Costs and Impacts

    G. External Power Supplies

    1. Reporting

    2. Reporting Costs and Impacts

    H. Battery Chargers

    1. Reporting

    2. Reporting Costs and Impacts

    I. Computer Room Air Conditioners

    1. Reporting

    2. Reporting Costs and Impacts

    J. Direct Expansion-Dedicated Outdoor Air Systems

    1. Reporting

    2. Reporting Costs and Impacts

    K. Air-Cooled, Three-Phase, Small Commercial Package Air Conditioners and Heat Pumps With a Cooling Capacity of Less Than 65,000 Btu/h and Air-Cooled, Three-Phase, Variable Refrigerant Flow Air Conditioners and Heat Pumps With a Cooling Capacity of Less Than 65,000 Btu/h

    1. Reporting

    2. Reporting Costs and Impacts

    L. Commercial Water Heating Equipment

    1. Reporting

    2. Reporting Costs and Impacts

    M. Automatic Commercial Ice Makers

    1. Reporting

    2. Reporting Costs and Impacts

    N. Walk-In Coolers and Freezers

    1. Reporting

    2. Reporting Costs and Impacts

    3. Labeling

    4. Labeling Costs and Impact

    O. Commercial and Industrial Pumps

    1. Reporting

    2. Reporting Costs and Impacts

    P. Portable Air Conditioners

    1. Reporting

    2. Reporting Costs and Impacts

    Q. Compressors

    1. Reporting

    2. Reporting Costs and Impacts

    R. Dedicated-Purpose Pool Pump Motors

    1. Reporting

    2. Reporting Costs and Impacts

    S. Air Cleaners

    1. Reporting

    2. Reporting Costs and Impacts

    T. Single Package Vertical Units

    1. Reporting

    2. Reporting Costs and Impacts

    U. Ceiling Fan Light Kits

    1. Reporting

    2. Reporting Costs and Impacts

    V. General Service Lamps

    W. Additional Corrections

    X. Revised Certification Templates

    Y. Effective and Compliance Dates

    IV. Procedural Issues and Regulatory Review

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

    B. Review Under the Regulatory Flexibility Act

    C. Review Under the Paperwork Reduction Act of 1995

    D. Review Under the National Environmental Policy Act of 1969

    E. Review Under Executive Order 13132

    F. Review Under Executive Order 12988

    G. Review Under the Unfunded Mandates Reform Act of 1995

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

    I. Review Under Executive Order 12630

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

    K. Review Under Executive Order 13211

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

    M. Congressional Notification

    N. Description of Materials Incorporated by Reference

    V. Approval of the Office of the Secretary

    I. Authority and Background

    A. Authority

    The Energy Policy and Conservation Act, Public Law 94-163, as amended (“EPCA”), authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. (42 U.S.C. 6291-6317, as codified) Title III, Part B of EPCA established the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth a variety of provisions designed to improve energy efficiency, while Title III, Part C of EPCA, added by Public Law 95-619, Title IV, section 441(a), established the Energy Conservation Program for Certain Industrial Equipment, which sets forth a variety of provisions designed to improve energy efficiency. These products and equipment include central air conditioners and heat pumps (“CAC/HPs”), dishwashers (“DWs”), residential clothes washers (“RCWs”), pool heaters, dehumidifiers, external power supplies (“EPSs”), battery chargers, computer room air conditioners (“CRACs”), direct-expansion dedicated outdoor air systems (“DX-DOASes”), air-cooled, three-phase, small commercial package air conditioners and heat pumps with a cooling capacity of less than 65,000 Btu/h (“three-phase, less than 65,000 Btu/h ACUACs and ACUHPs”) and air-cooled, three-phase variable refrigerant flow air conditioners and heat pumps with a cooling capacity of less than 65,000 Btu/h (“three-phase, less than 65,000 Btu/h VRF”), commercial water heating equipment (“CWHs”), automatic commercial ice makers (“ACIMs”), walk-in coolers and walk-in freezers (“walk-ins”), commercial and industrial pumps, portable air conditioners (“portable ACs”), compressors, dedicated-purpose pool pump motors (“DPPPMs”), air cleaners, single package vertical units (“SPVUs”), ceiling fan light kits (“CFLKs”), and general service lamps (“GSLs”), all of which are subjects of this document. (42 U.S.C. 6292(a)(3), (6-7), (11), and (20); 42 U.S.C. 6295(i)(6), (u), (cc), and (ff); 42 U.S.C. 6311(1)(A-D), (F-G), (K), and (2)(B)(i)).

    All references to EPCA in this document refer to the statute as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 27, 2020), which reflect the last statutory amendments that impact Parts A and A-1 of EPCA.

    For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A.

    For editorial reasons, upon codification in the U.S. Code, Part C was redesignated Part A-1.

    The energy conservation program under EPCA consists essentially of four parts: (1) testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. Relevant provisions of EPCA specifically include definitions (42 U.S.C. 6291; 42 U.S.C. 6311), test procedures (42 U.S.C. 6293; 42 U.S.C. 6314), labeling provisions (42 U.S.C. 6294; 42 U.S.C. 6315), energy conservation standards (42 U.S.C. 6295; 42 U.S.C. 6313), and the authority to require information and reports from manufacturers (42 U.S.C. 6316; 42 U.S.C. 6296).

    The Federal testing requirements consist of test procedures that manufacturers of covered products and equipment must use as the basis for: (1) certifying to DOE that their products or equipment comply with the applicable energy conservation standards adopted under EPCA (42 U.S.C. 6295(s); 42 U.S.C. 6316(a); 42 U.S.C. 6316(b); 42 U.S.C. 6296), and (2) making other representations about the efficiency of those products or equipment (42 U.S.C. 6293(c); 42 U.S.C. 6314(d)). Similarly, DOE must use these test procedures to determine whether the products or equipment comply with any relevant standards promulgated under EPCA. (42 U.S.C. 6295(s); 42 U.S.C. 6316(a); 42 U.S.C. 6316(b); 42 U.S.C. 6296).

    EPCA authorizes DOE to enforce compliance with the energy and water conservation standards established for covered products and equipment. (42 U.S.C. 6299-6305; 42 U.S.C. 6316(a)-(b)) DOE has promulgated certification and/or enforcement regulations that include reporting requirements for covered products and equipment including CAC/HPs, DWs, RCWs, pool heaters, dehumidifiers, EPSs, battery chargers, CRACs, three-phase, less than 65,000 Btu/h ACUACs and ACUHPs, three-phase, less than 65,000 Btu/h VRF, CWHs, ACIMs, walk-ins, commercial and industrial pumps, portable ACs, compressors, SPVUs, CFLKs, and GSLs. DOE is establishing certification and reporting requirements for DX-DOASes, DPPPMs, and air cleaners. See10 CFR part 429. Additionally, DOE is amending labeling requirements for walk-ins. See10 CFR 431.305. The reporting requirements ensure that DOE has the information it needs to assess whether regulated products and equipment sold in the United States comply with the statutory and regulatory requirements applicable to each covered product and equipment type.

    B. Background

    DOE's certification regulations are a mechanism that DOE uses to help ensure compliance with its regulations by collecting information about the energy and water use characteristics of covered products and covered equipment distributed in commerce in the United States. Manufacturers of most covered products and covered equipment must submit a certification report for the duration of distribution, specifically (1) before a basic model is distributed in commerce, (2) annually thereafter, and (3) if the basic model is redesigned in a manner that increases the consumption or decreases the efficiency of the basic model such that the certified rating is no longer supported by test data. 10 CFR 429.12. Additionally, manufacturers must report when production of a basic model has ceased and is no longer offered for sale as part of the next annual certification report following such cessation. 10 CFR 429.12(f). DOE requires the manufacturer of any covered product or covered equipment to establish, maintain, and retain the records of certification reports, of the underlying test data for all certification testing, and of any other testing conducted to satisfy the requirements of 10 CFR parts 429, 430, and/or 10 CFR part 431 until 2 years after notifying DOE that a model has been discontinued. 10 CFR 429.71. Certification reports provide DOE and consumers with comprehensive, up-to-date efficiency information and support effective enforcement.

    To ensure that all covered products and covered equipment distributed in the United States comply with DOE's energy and water conservation standards and reporting requirements, DOE has promulgated certification, compliance, and enforcement regulations in 10 CFR parts 429 and 431. On March 7, 2011, DOE published in the Federal Register a final rule regarding certification, compliance, and enforcement for consumer products and commercial and industrial equipment, which revised, consolidated, and streamlined DOE's existing certification, compliance, and enforcement regulations for certain consumer products and commercial and industrial equipment covered under EPCA. See76 FR 12422. Since that time, DOE has completed multiple rulemakings regarding certification, compliance, and enforcement for specific covered products or equipment. See79 FR 25486 (the May 5, 2014 Final Rule specific to certification of commercial and industrial heating, ventilation, and air conditioning (“HVAC”), refrigeration, and water heating equipment) and 87 FR 43952 (the July 22, 2022 Final Rule amending certification provisions for CFLKs, general service incandescent lamps, incandescent reflector lamps, ceiling fans, consumer furnaces and boilers, consumer water heaters, DWs, commercial clothes washers, battery charges, and DPPPMs).

    Additionally, if the Secretary has prescribed test procedures under section 6314 for any class of covered equipment, the Secretary shall prescribe a labeling rule applicable to such class of covered equipment. See42 U.S.C. 6315(a). EPCA, however, also sets out certain criteria that must be met prior to prescribing a given labeling rule. Specifically, to establish these requirements, DOE must determine that: (1) labeling in accordance with section 6315 is technologically and economically feasible with respect to any particular equipment class; (2) significant energy savings will likely result from such labeling; and (3) labeling in accordance with section 6315 is likely to assist consumers in making purchasing decisions. (42 U.S.C. 6315(h))

    If these criteria are met, EPCA specifies certain aspects of equipment labeling that DOE must consider in any rulemaking establishing labeling requirements for covered equipment. At a minimum, such labels must include the energy efficiency of the affected equipment, as tested under the prescribed DOE test procedure, and may also require disclosure of the estimated operating costs and energy use. (42 U.S.C. 6315(b)) The labeling provisions shall include requirements the Secretary determines are likely to assist purchasers in making purchasing decisions, such as: requirements and directions for the display of the label; requirements for including on any label, or separately attaching to, or shipping with, the covered equipment, such as additional information related to energy efficiency, energy use, and other measures of energy consumption, including instructions for maintenance and repair of the covered equipment, as the Secretary determines is necessary to provide adequate information to purchasers; and requirements that printed matter displayed or distributed with the equipment at the point of sale also include the information required to be placed on the label. (42 U.S.C. 6315(c)).

    DOE published a notice of proposed rulemaking (“NOPR”) in the Federal Register on September 29, 2023, that proposed to amend the certification, reporting, and labeling requirements for the products and equipment that are the subjects of this final rule. 88 FR 67458 (“September 2023 CCE NOPR”). DOE held a public meeting related to this NOPR on October 26, 2023 (hereafter, the “NOPR public meeting”).

    DOE received comments in response to the September 2023 CCE NOPR from the interested parties listed in Table I.1.

    Table I.1—List of Commenters With Written Submissions in Response to the September 2023 CCE NOPR

    Commenter(s) Reference in this final rule Comment No. in the docket Commenter type
    Air-Conditioning, Heating, & Refrigeration Institute AHRI 18 Trade Association.
    American Lighting Association ALA 7 Trade Association.
    Appliance Standards Awareness Program, Consumer Federation of America (“CFA”), National Consumer Law Center (“NCLC”), National Resource Defense Council (“NRDC”), and Northwest Energy Efficiency Alliance (“NEEA”) ASAP et al 14 Efficiency Advocacy Organizations.
    Association of Home Appliance Manufacturers AHAM 9, 16, 19 Trade Association.
    AHAM, ASAP, American Council for an Energy-Efficiency Economy, Alliance for Water Efficiency, CFA, Consumer Reports, Earthjustice, NCLC, NRDC, NEEA, and Pacific Gas and Electric Company (“PG&E”) Joint Stakeholders 17 Trade Association and Efficiency Advocacy Organizations.
    Bradford White Corporation BWC 13 Manufacturer.
    Carrier Global Corporation Carrier 12 Manufacturer.
    Grundfos Americas Corporation Grundfos 10 Manufacturer.
    Hydraulic Institute Hydraulic Institute 20 Trade Association.
    MJ L MJ L 11 Individual.
    PG&E, Southern California Edison, and San Diego Gas & Electric Company; collectively, the California Investor-Owned Utilities CA IOUs 8 Utilities.
    Rheem Manufacturing Company Rheem 15 Manufacturer.

    AHAM comment nos. 9 and 19 are identical. Therefore, DOE only cites no. 19 in the discussion section of this final rule.

    Table II.1—Summary of Changes to Certification Reporting Requirements Relative to Current Certification Reporting Requirements

    Current DOE certification reporting requirements Amended certification reporting requirements Attribution Compliance required
    For CAC/HPs, no reporting requirement to indicate whether variable speed coil-only rating is based on non-communicating or communicating control system Add reporting requirement to § 429.16(e)(2)(vi) to specify whether variable speed coil-only rating is based on non-communicating or communicating control system Required to determine applicable test conditions specified in appendix M1 test procedure When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.
    For CAC/HPs, no reporting requirement to indicate whether system varies blower speeds with outdoor air conditions Add reporting requirement to § 429.16(e)(4)(iv) to specify whether system varies blower speeds with outdoor air conditions Required to determine applicable test conditions specified in appendix M1 test procedure When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.
    For CAC/HPs, current sampling requirements state to use Student's t-Distribution Values from “Appendix D,” whereas appendix A to subpart B of part 429 contains the applicable Student's t-Distribution Values Correct § 429.16(b)(3)(i)(B), (ii)(B), and (iii)(A)(2) to specify that the Student's t-Distribution Values in appendix A to subpart B of part 429 should be used Removes discrepancy from sampling provisions, improves clarity N/A.
    For DWs, reporting requirements in § 429.19(b)(2) and (3) and list of materials incorporated by reference in § 429.4 specify ANSI/AHAM DW-1-2010 Remove referenced standard in § 429.19(b)(2) and from the list of materials incorporated by reference in § 429.4 Ensures consistency between reporting requirements and DW test procedures N/A.
    For DWs, reporting requirements do not include cycle selected for energy test Add reporting requirements for cycle selected for energy test at heavy, medium, and light soil loads, whether the cycles are soil-sensing, and the options selected for the energy test at these soil loads (when testing in accordance with appendix C2) to § 429.19(b)(3)(iv) Required to ensure that information reported to DOE is consistent with the tested cycle requirements specified in appendix C2 On or before April 23, 2027, the compliance date of amended energy conservation standards based on appendix C2.
    For DWs, reporting requirements do not include cleaning index Add reporting requirement for average cleaning index of sensor heavy response, sensor medium response, and sensor light response test cycles (when testing in accordance with appendix C2) to § 429.19(b)(3)(v) Required to ensure that the reported test cycle is a valid test cycle that meets the specified cleaning index threshold On or before April 23, 2027, the compliance date of amended energy conservation standards based on appendix C2.
    For DWs, reporting requirements do not reflect water re-use system DWs Add reporting requirements specific to water re-use system DWs to § 429.19(b)(3)(vii), including energy use and water use associated with drain out and clean out events Required to account for extra energy use and water use associated with water re-use systems When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.
    For DWs, reporting requirements do not reflect information needed for DWs with built-in reservoirs Add reporting requirements specific to DWs with built-in reservoirs to § 429.19(b)(3)(viii), including reservoir capacity, prewash and main wash fill water volume, and total water consumption Required to account for water consumption of DWs with built-in reservoirs, and therefore determine compliance with the current energy conservation standards When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.
    For DWs, no rounding requirements are specified in § 429.19 Add rounding requirements to § 429.19(c) Improves representativeness, repeatability, and reproducibility When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.
    For RCWs, reporting requirements include outdated requirements associated with appendix J1 Remove obsolete appendix J1 RCW reporting requirements from § 429.20(b)(2)(i) Appendix J1 has been removed from 10 CFR part 430 N/A.
    For RCWs, “capacity” is required to be reported Update existing requirement to specify “clothes container capacity” rather than “capacity” at § 429.20(b)(2)(ii) Consistency in terminology between existing test procedure and reporting requirements N/A.
    For RCWs, reporting requirements do not include test cloth lot used by manufacturer for testing and certifying Add reporting requirement to § 429.20(b)(3) for test cloth lot number used during testing to determine other reported values Required to ensure that correct remaining moisture content calculation is used for enforcement testing per RCW enforcement provisions specified in § 429.134(c) When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.
    For RCWs, no reporting requirements for RCWs tested in accordance with appendix J test procedure Add reporting requirements for energy efficiency ratio, water efficiency ratio, type of control system, remaining moisture content, clothes container capacity, and type of loading when certifying in accordance with appendix J to § 429.20(b)(2)(i) Required to ensure compliance with amendments to energy conservation standards On or before March 1 2028, the compliance date of amended energy conservation standards based on appendix J.
    For pool heaters, reporting requirement only includes thermal efficiency for gas-fired pool heaters Add reporting requirement for integrated thermal efficiency for both gas-fired and electric pool heaters to § 429.24(b)(2)(i) Required to determine compliance with the amended energy conservation standards On or before May 30, 2028, the compliance date of amended energy conservation standards.
    For electric pool heaters, no reporting requirement for active electrical power Add reporting requirement for active electrical power for electric pool heaters to § 429.24(b)(2)(ii) Required to determine compliance with the amended energy conservation standards On or before May 30, 2028, the compliance date of amended energy conservation standards.
    For dehumidifiers, reporting requirements include outdated requirements associated with appendix X Remove obsolete appendix X dehumidifier reporting requirements from § 429.36(b)(2)(i) Appendix X test procedure is no longer permitted for use to demonstrate compliance with energy conservation standards N/A.
    For EPSs, no reporting requirement for output cord specifications Add reporting requirement for output cord effective wire gauge and length (or for EPSs shipped without an output cord, effective wire gauge and length for the manufacturer's recommended output cord) to § 429.37(b)(i)-(iv) Required to conduct amended appendix Z test procedure When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.
    For EPSs, no reporting requirements for output voltage Add reporting requirements for output voltage to § 429.37(i) through (iv) Required to determine compliance with currently applicable energy conservation standards When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.
    For EPSs exempt from the energy conservation standards, only the number of units of exempt external power supplies sold during the most recent 12-calendar-month period ending on July 31, importer or manufacturer name and address, and brand name must be reported Add requirement that the year for which the sales number being reported represents to § 429.37(b)(3) and (c) Improved clarity, consistency with other similar reporting requirements When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.
    For battery chargers, reporting requirements only reflect metrics associated with battery chargers tested in accordance with appendix Y Add reporting requirements to § 429.39(b)(5) and (6) for battery chargers tested in accordance with newly adopted appendix Y1, multi-metric approach Required to determine compliance with any future amended energy conservation standards for battery chargers On or before the compliance date of any future amended energy conservation standards based on appendix Y1.
    For CRACs, reporting requirements do not include provisions for certifying compliance with net sensible coefficient of performance standards Add reporting requirements specific to net sensible coefficient of performance to § 429.43(b)(2)(ix)(B) Required to determine compliance with the amended energy conservation standards May 7, 2025.
    For CRACs, reporting requirements do not include provisions for submitting a supplemental testing instructions file in PDF form Add supplemental testing instructions file requirements in PDF form for certification reports to § 429.43(b)(4)(viii) Required to ensure that testing conditions are met in the case of enforcement testing May 7, 2025.
    For CRACs, reporting requirements do not include indoor and outdoor unit individual model numbers Add reporting requirements for indoor and outdoor unit individual model numbers to § 429.43(b)(6)(i) Required to determine specific individual models distributed in commerce under each basic model May 7, 2025.
    For CRACs, current AEDM tolerances do not specify tolerances for NSenCOP verification tests Add tolerance of 5 percent to table 2 to § 429.70(c)(5)(vi)(B) for CRAC verification tests for NSenCOP Required for consistency with allowable AEDMs for other product types and metrics May 7, 2025.
    For DX-DOASes, reporting requirements do not include provisions for certifying compliance with integrated seasonal moisture removal efficiency 2 and integrated seasonal coefficient of performance 2 standards Add reporting requirements for integrated seasonal moisture removal efficiency 2 and integrated seasonal coefficient of performance 2, as well as rated moisture removal capacity, rated supply airflow rate, and configuration of the basic model to § 429.43(b)(2)(xi)(A) through (C) Required to determine compliance with the energy conservation standards May 7, 2025.
    For DX-DOASes, reporting requirements do not include reporting requirements for systems with ventilation energy recovery systems (“VERS”) Add reporting requirements for systems with VERS to § 429.43(b)(3)(iii) Required to fully ensure that enforcement provisions specified at § 429.134(s) for DX-DOASes are met in the case of enforcement testing May 7, 2025.
    For DX-DOASes, reporting requirements do not include provisions for submitting a supplemental testing instructions file in PDF form Add supplemental testing instructions file requirements in PDF form for certification reports to § 429.43(b)(4)(x) Required to ensure that testing conditions are met in the case of enforcement testing May 7, 2025.
    For DX-DOASes, reporting requirements do not include indoor and outdoor unit individual model numbers Add reporting requirements for indoor and outdoor unit individual model numbers to § 429.43(b)(6)(ii) Required to determine specific individual models distributed in commerce under each basic model May 7, 2025.
    For three-phase less than 65,000 Btu/h ACUACs and ACUHPs and three-phase less than 65,000 Btu/h VRF, no reporting requirements for seasonal energy efficiency ratio 2 and heating seasonal performance factor 2 Add reporting requirements for seasonal energy efficiency ratio 2 and heating seasonal performance factor 2 to § 429.67(f)(2) Required to determine compliance with energy conservation standards May 7, 2025.
    For three-phase less than 65,000 Btu/h ACUACs and ACUHPs and three-phase less than 65,000 Btu/h VRF, reporting requirements do not include indoor and outdoor unit individual model numbers Add reporting requirements for indoor and outdoor unit individual model numbers to § 429.67(f)(4)) Required to determine specific individual models distributed in commerce under each basic model May 7, 2025.
    For three-phase less than 65,000 Btu/h ACUACs and ACUHPs and three-phase less than 65,000 Btu/h VRF, reporting requirements do not include provisions for submitting a supplemental testing instructions file in PDF form for outdoor units with no match Add supplemental testing instructions file requirements in PDF form for certification reports for outdoor units with no match to § 429.67(f)(3) Required to ensure that testing conditions are met in the case of enforcement testing May 7, 2025.
    For three-phase less than 65,000 Btu/h ACUACs three-phase less than 65,000 Btu/h VRF, current sampling requirements state to use the Student's t-Distribution Values from “appendix D”, whereas appendix A to subpart B of part 429 contains the applicable Student's t-Distribution Values Correct § 429.67(c)(2)(ii)(A)(2) to specify that the Student's t-Distribution Values in appendix A to subpart B of part 429 should be used Removes discrepancy from sampling provisions, improves clarity N/A.
    For CWHs, no reporting requirements for electric instantaneous water heaters Add reporting requirements for electric instantaneous water heaters to § 429.44(c)(2)(vi)-(vii) Required to determine compliance with energy conservation standards May 7, 2025.
    For CWHs, no rated input reporting requirement for electric storage water heaters Add rated input reporting requirement for electric storage water heaters to § 429.44(c)(2)(i) Required to determine that models exceed the definitional requirement for electric storage water heaters When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.
    For ACIMs, reporting requirements include “maximum energy use” and “maximum condenser water use” Update reporting requirement terminology to specify “energy use” and “condenser water use” in § 429.45(b)(2) Improved clarity and consistency with definitions When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.
    For ACIMs, no rounding requirements for represented values specified in 10 CFR 429.45 Add rounding requirements in § 429.45(b)(3) that specify represented values determined in 10 CFR 429.45 must be rounded consistent with the test procedure rounding instructions upon the compliance date of any amended standards Improves representativeness, repeatability, and reproducibility When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.
    For ACIMs, sampling provisions require use of the Student's t-Distribution Values for a 95-percent two-tailed confidence interval from appendix A to subpart B of part 429, whereas appendix A to subpart B of part 429 contains one-tailed Student's t-Distribution Values Revise sampling provisions in 10 CFR 429.45(a)(2) to correct this discrepancy and clarify that the Student's t-Distribution Values for a 95-percent one-tailed confidence interval from appendix A to subpart B of part 429 Removes discrepancy from sampling provisions, improves clarity N/A.
    For walk-in refrigeration systems, no reporting requirement for whether the basic model meets the definition of a CO 2 unit cooler Add reporting requirement for whether the basic model meets the definition of a CO 2 unit cooler to § 429.53(b)(2)(iii)(G) Required to ensure test conditions specified in the test procedure are met When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.
    For walk-in refrigeration systems, the configuration reporting requirement does not include “detachable single-packaged dedicated system” or “attached split system” Modify current configuration reporting requirement in § 429.53(b)(2)(iii)(C) to include “detachable single-packaged dedicated system” and “attached split system” Required to ensure test conditions specified in the test procedure are met When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.
    For walk-in dedicated condensing systems, no reporting requirement for head pressure controls Add reporting requirement in § 429.53(b)(3)(ii) for whether the basic model has head pressure controls Required to ensure test conditions specified in the test procedure are met When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.
    No supplemental testing instructions for walk-in refrigeration systems Add requirement in § 429.53(b)(4) for submission of supplement test information in PDF format, if necessary to run a valid test, at the time of certification Required to ensure test conditions specified in the test procedure are met When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.
    For walk-in refrigeration systems, no reporting requirement for compressor break-in duration used to obtain certified rating Add optional reporting requirement to § 429.53(b)(3)(ii) for compressor break-in duration used to obtain certified rating, if applicable Improves representativeness, repeatability, and reproducibility When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.
    For walk-in doors with anti-sweat heater (ASH) controls, no reporting requirements for conditions at which the controls activate the ASH wire Add reporting requirements to § 429.53(b)(2)(i)(H) for conditions ( i.e., temperature, humidity, etc.) at which the controls activate the ASH wire Required to ensure applicable enforcement provisions are met in the case of enforcement testing When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.
    For walk-in doors, no reporting requirement for thermal conduction load through the door Add reporting requirement for thermal conduction load through the door to § 429.53(b)(3)(i)(B) Required to calculate daily energy consumption When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.
    For walk-in panels, date of manufacturer is not required on a panel's nameplate or label Require panel manufacture date be added to the nameplate or label in § 431.305(a) Aids enforcement evaluation, as necessary When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.
    For commercial and industrial pumps, P i is listed as P i Amend all instances of P i with P i Standardize variables with those used in the test procedure N/A.
    For portable ACs, reporting requirement for duct configuration lists “ability to operate in both configurations” as an option Remove “ability to operate in both configurations” as an option in § 429.62(b)(2) and add reporting requirement for whether model is distributed in commerce with multiple duct configuration options Improved clarity, consistency with instructions in appendix CC and 10 CFR 429.62(a)(5) May 7, 2025.
    For portable ACs, no reporting requirement for full-load seasonally adjusted cooling capacity for variable-speed models Add reporting requirements for whether the basic model is variable-speed, and if yes; the full-load seasonally adjusted cooling capacity to § 429.62(b)(3) Required to determine compliance with the energy conservation standards May 7, 2025.
    For compressors, reporting requirements are included in 10 CFR 429.63, but no annual filing date is specified in 10 CFR 429.12 Establish an annual filing date of September 1 at 10 CFR 429.12(d), by which manufacturers would be required to submit required reporting information to DOE Required to ensure certification information is current on an annual basis, consistent with the requirements for other covered products and equipment September 1, 2025 (first occurrence of September 1st after compliance date of energy conservation standards in January 2025).
    For DPPPMs, no reporting requirements outlined in 10 CFR 429.65 Add reporting requirements for DPPPMs to § 429.65(e) Required to verify compliance with new energy conservation standards On or before September 29, 2025 (for DPPPMs <0.5 THP, ≥1.15 THP, and ≤5 THP), the compliance date of new energy conservation standards. On or before September 28, 2027 (for DPPPMs ≥0.5 THP and <1.15 THP), the compliance date of new energy conservation standards.
    For DPPPMs, no rounding requirements outlined in 10 CFR 429.65 Add rounding requirements for DPPPMs to § 429.65(f) Improves representativeness, repeatability, and reproducibility On or before September 29, 2025 (for DPPPMs <0.5 THP, ≥1.15 THP, and ≤5 THP), the compliance date of new energy conservation standards. On or before September 28, 2027 (for DPPPMs ≥0.5 THP and <1.15 THP), the compliance date of new energy conservation standards.
    For DPPPMs, no annual filing date specified in 10 CFR 429.12 Establish an annual filing date of September 1 at 10 CFR 429.12(d), by which manufacturers would be required to submit required reporting information to DOE Required to ensure certification information is current on an annual basis, consistent with the requirements for other covered products and equipment September 1, 2026, (first occurrence of September 1st after compliance date of energy conservation standards in September 2025).
    For air cleaners, no reporting requirements outlined in 10 CFR 429.68 Add reporting requirements for air cleaners to § 429.68(b) Required to verify compliance with recently adopted energy conservation standards May 7, 2025.
    For air cleaners, no annual filing date specified in 10 CFR 429.12 Establish an annual filing date of December 1 at 10 CFR 429.12(d), by which manufacturers would be required to submit required reporting information to DOE Required to ensure certification information is current on an annual basis, consistent with the requirements for other covered products and equipment December 1, 2026, (first occurrence of December 1st after required reporting on May 7, 2025.
    For air cleaners, 10 CFR 429.68(a)(2)(ii) includes a typographical error and states “equal to the high” Correct 10 CFR 429.68(a)(2)(ii) to specify “equal to the lower” Corrects typographical error, improves clarity N/A.
    For SPVUs, reporting requirements do not include provisions for certifying compliance with integrated energy efficiency ratio standards Add reporting requirements for certifying compliance with integrated energy efficiency ratio standards to 10 CFR 429.43(b)(2)(v)(B) and (vi)(B) Required to determine compliance with the energy conservation standards On or before the compliance date of any amended SPVU energy conservation standards.
    For SPVUs with cooling capacities less than 65,000 Btu/h, reporting requirements do not include whether the unit is weatherized or non-weatherized, and if non-weatherized, the airflow rate of outdoor ventilation air which is drawn in and conditioned Add reporting requirements to 10 CFR 429.43(b)(2)(v)(B) and (vi)(B) for whether the unit is weatherized or non-weatherized, and if non-weatherized, the airflow rate of outdoor ventilation air which is drawn in and conditioned as determined in accordance with 10 CFR 429.134(x)(3), while the equipment is operating with the same drive kit and motor settings used to determine the certified efficiency rating of the equipment Required to determine whether non-weatherized SPVUs with cooling capacities less than 65,000 Btu/h have met the definitional requirements for airflow rate of outdoor ventilation air which is drawn in and conditioned On or before the compliance date of any amended SPVU energy conservation standards.
    For SPVUs, existing supplemental testing instruction requirements do not reflect updated integrated energy efficiency ratio test procedure Add supplemental testing instruction file content requirements for when certifying compliance with an integrated energy efficiency ratio standard to 10 CFR 429.43(b)(4)(vi)(B) and (vii)(B) Required to ensure test conditions specified in the test procedure are met On or before the compliance date of any amended SPVU energy conservation standards.
    For CFLKs, reporting requirements inadvertently omit CFLKs distributed with consumer-replaceable SSL Amend reporting requirements in 10 CFR 429.33(b)(2)(ii)(A) and (b)(3)(ii)(B) to include CFLKs distributed with consumer-replaceable SSL Required to determine compliance with the energy conservation standards N/A.
    For GSLs, certifying compliance to the 45 lm/W backstop requirement is not required per DOE guidance Specify certifying compliance to the GSL backstop requirement Required to show compliance with the energy conservation standards May 7, 2025.

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

    Table 1 to Paragraph ( d )

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

    Table 8 to Paragraph (b)(6)(i)

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

    Table 9 to Paragraph (b)(6)(ii)

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

    Table 2 to Paragraph ( f )(4)

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

    Table 2 to Paragraph (c)(5)(vi)(B)

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