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Proposed Rule2021-15579

Energy Conservation Program for Appliance Standards: Certification for Ceiling Fan Light Kits, General Service Incandescent Lamps, Incandescent Reflector Lamps, Ceiling Fans, Consumer Furnaces and Boilers, Consumer Water Heaters, Dishwashers, Commercial Clothes Washers, Battery Chargers, and Dedicated-Purpose Pool Pumps

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Published

August 6, 2021

Issuing agencies

Energy Department

Abstract

The U.S. Department of Energy ("DOE" or the "Department") proposes to amend the certification provisions for ceiling fan light kits ("CFLKs"), general service incandescent lamps ("GSILs"), incandescent reflector lamps ("IRLs"), ceiling fans, consumer furnaces and boilers, consumer water heaters, dishwashers, commercial clothes washers ("CCWs"), battery chargers, and dedicated-purpose pool pumps ("DPPPs"). DOE is proposing amendments to the certification and reporting provisions for these products and equipment to ensure reporting that is consistent with currently applicable energy conservation standards and to ensure DOE has the information necessary to determine the appropriate classification of products for the application of standards. DOE seeks comment from interested parties on all aspects of this proposal.

Full Text

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[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Proposed Rules]
[Pages 43120-43143]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15579]

========================================================================
Proposed Rules
Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 /
Proposed Rules

[[Page 43120]]

DEPARTMENT OF ENERGY

10 CFR Part 429

[EERE-2012-BT-STD-0045]
RIN 1904-AE90

Energy Conservation Program for Appliance Standards:
Certification for Ceiling Fan Light Kits, General Service Incandescent
Lamps, Incandescent Reflector Lamps, Ceiling Fans, Consumer Furnaces
and Boilers, Consumer Water Heaters, Dishwashers, Commercial Clothes
Washers, Battery Chargers, and Dedicated-Purpose Pool Pumps

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

ACTION: Notice of proposed rulemaking and request for comment.

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SUMMARY: The U.S. Department of Energy (``DOE'' or the ``Department'')
proposes to amend the certification provisions for ceiling fan light
kits (``CFLKs''), general service incandescent lamps (``GSILs''),
incandescent reflector lamps (``IRLs''), ceiling fans, consumer
furnaces and boilers, consumer water heaters, dishwashers, commercial
clothes washers (``CCWs''), battery chargers, and dedicated-purpose
pool pumps (``DPPPs''). DOE is proposing amendments to the
certification and reporting provisions for these products and equipment
to ensure reporting that is consistent with currently applicable energy
conservation standards and to ensure DOE has the information necessary
to determine the appropriate classification of products for the
application of standards. DOE seeks comment from interested parties on
all aspects of this proposal.

DATES: DOE will accept comments, data, and information regarding this
proposal no later than October 5, 2021.

ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the instructions for submitting comments. Alternatively, interested
persons may submit comments by email to the following email address:
<a href="/cdn-cgi/l/email-protection#014071716d68606f62645275606f65607365725074647275686e6f724164642f656e642f666e77"><span class="__cf_email__" data-cfemail="de9faeaeb2b7bfb0bdbb8daabfb0babfacbaad8fabbbadaab7b1b0ad9ebbbbf0bab1bbf0b9b1a8">[email&#160;protected]</span></a>. Include docket number EERE-
2012-BT-STD-0045 and/or RIN 1904-AE90 in the subject line of the
message. Submit electronic comments in WordPerfect, Microsoft Word,
PDF, or ASCII file format, and avoid the use of special characters or
any form of encryption.
Although DOE has routinely accepted public comment submissions
through a variety of mechanisms, including postal mail and hand
delivery/courier, the Department has found it necessary to make
temporary modifications to the comment submission process in light of
the ongoing Covid-19 pandemic. DOE is currently suspending receipt of
public comments via postal mail and hand delivery/courier, and instead,
the Department is only accepting electronic submissions at this time.
If a commenter finds that this change poses an undue hardship, please
contact Appliance Standards Program staff at (202) 586-1445 to discuss
the need for alternative arrangements. Once the Covid-19 pandemic
health emergency is resolved, DOE anticipates resuming all of its
regular options for public comment submission, including postal mail
and hand delivery/courier.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on the
rulemaking process, see section V (Public Participation) of this
document.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. All documents
in the docket are listed in the <a href="https://www.regulations.gov">https://www.regulations.gov</a> index.
However, some documents listed in the index, such as information that
is exempt from public disclosure, may not be publicly available.
The docket web page can be found at <a href="https://www.regulations.gov/docket?D=EERE-2012-BT-STD-0045">https://www.regulations.gov/docket?D=EERE-2012-BT-STD-0045</a>. The docket web page contains
instructions on how to access all documents, including public comments,
in the docket. See section V for information on how to submit comments
through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.

FOR FURTHER INFORMATION CONTACT:
Dr. Stephanie Johnson, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1943. Email: <a href="/cdn-cgi/l/email-protection#9edfeeeef2f7fff0fdfbcdeafff0faffecfaedcfebfbedeaf7f1f0eddefbfbb0faf1fbb0f9f1e8"><span class="__cf_email__" data-cfemail="eaab9a9a86838b84898fb99e8b848e8b988e99bb9f8f999e83858499aa8f8fc48e858fc48d859c">[email&#160;protected]</span></a>.
Ms. Amelia Whiting, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-2588. Email:
<a href="/cdn-cgi/l/email-protection#41002c242d28206f16292835282f260129306f252e246f262e37"><span class="__cf_email__" data-cfemail="eaab878f86838bc4bd82839e83848daa829bc48e858fc48d859c">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
A. Authority
B. Background
1. Ceiling Fan Light Kits
2. GSILs and IRLs
3. Ceiling Fans
4. Consumer Furnaces and Boilers
5. Consumer Water Heaters
6. Dishwashers
7. Commercial Clothes Washers
8. Battery Chargers
9. Dedicated-Purpose Pool Pumps
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
A. Ceiling Fan Light Kits
1. Scope of Applicability
2. Reporting
3. Reporting Costs and Impacts
B. GSILs and IRLs
1. Scope of Applicability
2. Reporting
3. Reporting Costs and Impacts
C. Ceiling Fans
1. Scope of Applicability
2. Reporting
3. Reporting Costs and Impacts
D. Consumer Furnaces and Boilers
1. Scope of Applicability
2. Reporting
3. Reporting Costs and Impacts
E. Grid-Enabled Water Heaters
1. Scope of Applicability
2. Reporting
3. Reporting Costs and Impacts
F. Dishwashers
1. Scope of Applicability
2. Reporting
3. Reporting Costs and Impacts
G. Commercial Clothes Washers
1. Scope of Applicability
2. Reporting
3. Reporting Costs and Impacts
H. Battery Chargers
1. Scope of Applicability

[[Page 43121]]

2. Reporting
3. Reporting Costs and Impacts
I. Dedicated-Purpose Pool Pumps
1. Scope of Applicability
2. Reporting
3. Reporting Costs and Impacts
J. Draft Certification Templates for Review
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866 and 13563
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
1. Description of the Requirements
2. Method of Collection
3. Data
4. Conclusion
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. Materials Incorporated by Reference
V. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Authority and Background

A. Authority

The Energy Policy and Conservation Act, as amended (``EPCA'') \1\
authorizes DOE to regulate the energy efficiency of a number of
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317, as codified) Title III, Part B \2\ of EPCA, Public Law 94-163,
established the Energy Conservation Program for Consumer Products Other
Than Automobiles, which sets forth a variety of provisions designed to
improve energy efficiency. Title III, Part C \3\ of EPCA, added by
Public Law 95-619, Title IV, section 441(a), established the Energy
Conservation Program for Certain Industrial Equipment. These products
and equipment include CFLKs, GSILs, IRLs, ceiling fans, consumer
furnaces and boilers, consumer water heaters, dishwashers, CCWs,
battery chargers, and DPPPs, the subjects of this document. (42 U.S.C.
6292(a)(4-6) and (14); 42 U.S.C. 6295(u) and (ff); 42 U.S.C. 6311(1)(A)
and (H))
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\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated as Part A.
\3\ For editorial reasons, upon codification in the U.S. Code,
Part C was re-designated at Part A-1.
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Under EPCA, the energy conservation program consists essentially of
four parts: (1) Testing, (2) labeling, (3) the establishment of 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. 6296; 42 U.S.C. 6316).
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 pursuant to EPCA
(42 U.S.C. 6295(s); 42 U.S.C. 6316(a)), and (2) making representations
about the efficiency of those consumer products or industrial 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 relevant standards promulgated under EPCA. (42 U.S.C. 6295(s); 42
U.S.C. 6316(a))
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
enforcement regulations that include reporting requirements for covered
products and equipment including CFLKs, GSILs, IRLs, ceiling fans,
consumer furnaces and boilers, consumer water heaters, dishwashers,
CCWs, battery chargers, and DPPPs. See title 10 of the Code of Federal
Regulations (``CFR'') part 429. The certification regulations ensure
that DOE has the information it needs to assess whether regulated
products and equipment sold in the United States comply with the law.

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 sold in the United States. Manufacturers of all
covered products and covered equipment must submit a certification
report before a basic model is distributed in commerce, annually
thereafter, and if the basic model is redesigned in such a manner to
increase the consumption or decrease the efficiency of the basic model
such that the certified rating is no longer supported by test data.
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. 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 part 429, part 430,
and/or part 431 until two 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 part
429. On March 7, 2011, the Department 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 the Department's existing
certification, compliance, and enforcement regulations for certain
consumer products and commercial and industrial equipment covered under
EPCA. 76 FR 12422.\4\ Since that time, DOE has also completed multiple
rulemakings regarding Certification, Compliance, and Enforcement for
specific covered products or equipment. See, for example, the May 5,
2014, final rule regarding certification of commercial and industrial
heating, ventilating, air conditioning (HVAC), refrigeration, and water
heating equipment. 79 FR 25486. In this rulemaking, DOE is once again
proposing to revise its certification regulations for certain covered
products, as further detailed below.
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\4\ DOE subsequently published two correction notifications on
May 2, 2011 (to correct a drafting error and erroneous internal
cross references) and on August 2, 2011 (to correct presentation of
a formula). 76 FR 24762; 76 FR 46202, respectively.
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1. Ceiling Fan Light Kits
CFLKs are ``covered products'' for which DOE is authorized to
establish and amend energy conservation standards and test procedures.
(42

[[Page 43122]]

U.S.C. 6291(50), 42 U.S.C. 6293(b)(16)(A)(ii), 42 U.S.C. 6295(ff)(2)-
(5)) DOE's energy conservation standards for CFLKs are currently
prescribed at 10 CFR 430.32(s). Test procedures for CFLKs are currently
prescribed at 10 CFR 430.23; 10 CFR part 430, subpart B, appendix V,
``Uniform Test Method for Measuring the Energy Consumption of Ceiling
Fan Light Kits With Pin-Based Sockets for Fluorescent Lamps''
(``appendix V''); and 10 CFR part 430, subpart B, appendix V1,
``Uniform Test Method for Measuring the Energy Consumption of Ceiling
Fan Light Kits Packaged With Other Fluorescent Lamps (not Compact
Fluorescent Lamps or General Service Fluorescent Lamps), Packaged With
Other SSL Lamps (not Integrated LED Lamps), or With Integrated SSL
Circuitry'' (``appendix V1''). The sampling requirements for
determining represented values based on the results of testing of CFLKs
are found at 10 CFR 429.33(a) and (b) specifies the information that
must be included in certification reports submitted to DOE for CFLKs.
EPCA directed that the initial test procedures for CFLKs be based
on the test procedures referenced in the ENERGY STAR[supreg]
specifications for Residential Light Fixtures and Compact Fluorescent
Light Bulbs as in effect on August 8, 2005. (42 U.S.C.
6293(b)(16)(A)(ii)) DOE published a final rule on December 8, 2006,
establishing test procedure requirements for CFLKs in appendix V that
incorporated by reference the relevant ENERGY STAR requirements. 71 FR
71340.
CFLKs manufactured on or after January 1, 2007, and prior to
January 21, 2020, must be packaged with lamps to fill all sockets, with
additional standards applicable based on the type of the CFLK's lamp
sockets. 10 CFR 430.32(s)(3)-(5). Lamps packaged with CFLKs with medium
screw base sockets must meet efficacy standards, while medium screw
base compact fluorescent lamps (``CFLs'') must additionally meet
standards for lumen maintenance, rapid cycle stress, and lifetime. 10
CFR 432.32(s)(3). CFLKs with pin-based sockets for fluorescent lamps
must use an electronic ballast and the lamp-ballast platform must meet
efficacy standards. 10 CFR 432.32(s)(4). CFLKs with other than medium
screw base or pin-based sockets must not be capable of operating with
lamps that total more than 190 watts. 10 CFR 432.32(s)(5). The
standards at 10 CFR 430.32(s)(3)-(5) will be referred to collectively
in this document as the January 1, 2007 standards.
EPCA also provides that DOE ``may review and revise'' the initial
ceiling fan light kit test procedure (TP). (42 U.S.C. 6293(b)(16)(B)).
On December 24, 2015, DOE published a final rule (``December 2015 CFLK
TP Final Rule'') making two key updates to its CFLK test procedure. 80
FR 80209. First, DOE updated the CFLK test procedure to require that
representations of efficacy, including certifications of compliance
with CFLK standards, be made according to the corresponding DOE lamp
test procedures, where they exist (e.g., for a CFLK with medium screw
base sockets that is packaged with CFLs, the CFLK test procedure
references the DOE test procedure for CFLs at 10 CFR 430.23(y)). 80 FR
80209, 80210 (Dec. 24, 2015). Second, DOE updated the CFLK test
procedure by establishing in a separate appendix, i.e., appendix V1,
the test procedure for CFLKs packaged with inseparable light sources
that require luminaire efficacy testing (e.g., CFLKs with integrated
solid state lighting (``SSL'') circuitry) and for CFLKs packaged with
lamps for which DOE test procedures did not exist. 80 FR 80209, 80212.
With these changes, the December 2015 CFLK TP Final Rule aligned
requirements for measuring efficacy of lamps and/or light sources in
CFLKs with current DOE lamp test procedures.
DOE published a final rule on January 6, 2016, amending energy
conservation standards (ECS) for CFLKs (``January 2016 CFLK ECS Final
Rule''). 81 FR 580. In that final rule, DOE established amended
standards based on the efficacy of the lamps (with additional
requirements for medium base CFLs and pin-based fluorescent lamps)
packaged with the CFLK, except where the lamps are not designed to be
consumer replaceable from the CFLK (i.e., integrated SSLs), in which
case luminaire efficacy is used. Id. These amended standards apply to
CFLKs manufactured on or after January 21, 2020,\5\ and will be
referred to collectively in this document as the January 21, 2020
standards. See 10 CFR 432.32(s)(6).
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\5\ After DOE's promulgation of final rules establishing energy
conservation standards for CFLKs and ceiling fans, Congress enacted
S. 2030, the ``Ceiling Fan Energy Conservation Harmonization Act''
(``the Act''), which was signed into law as Public Law 115-161 on
April 3, 2018. The Act amended the compliance date for the CFLK
standards to establish a single compliance date for the energy
conservation standards for both CFLKs and ceiling fans. On May 16,
2018, DOE published a final rule that amended the compliance date
for CFLKs in the relevant sections of the CFR by replacing ``January
7, 2019'' with ``January 21, 2020.'' 83 FR 22587.
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In the December 2015 CFLK TP Final Rule, DOE determined that the
amendments in that final rule would likely change the measured values
required to comply with the then-existing CFLK standards for all CFLKs
except CFLKs with medium screw base sockets. 80 FR 80209, 80212. As
such, representations regarding CFLKs subject to the January 21, 2020
standards must be based on the amended test procedure, including
appendix V1. See id. and 81 FR 580 (January 6, 2016).
Neither the December 2015 CFLK TP Final Rule nor the January 2016
CFLK ECS Final Rule amended the reporting requirements for CFLKs to
reflect the updated metrics from the test procedure and amended
standards. The reporting requirements at 10 CFR 429.33 continue to
require manufacturers to report based on the January 1, 2007 standards,
including information that is no longer relevant. This inconsistency
between the reporting requirements and the January 21, 2020 standards
may lead to confusion regarding which standards are applicable as well
as the reporting of unnecessary information. Therefore, DOE is
proposing to update the reporting requirements to address the January
21, 2020 standards and remove the reporting requirements for the
January 1, 2007 standards.
2. GSILs and IRLs
GSILs and IRLs are ``covered products'' for which DOE is authorized
to establish and amend energy conservation standards and test
procedures. (42 U.S.C. 6292(a)(14)) DOE's existing test procedures for
general service fluorescent lamps (``GSFLs''), IRLs and GSILs appear at
title 10 CFR part 430, subpart B, appendix R (``appendix R'')
(``Uniform Test Method for Measuring Average Lamp Efficacy (``LE''),
Color Rendering Index (``CRI''), and Correlated Color Temperature
(``CCT'') of Electric Lamps'').
DOE test procedures for GSFLs, IRLs, and GSILs are codified in
appendix R and associated sampling and reporting requirements are
codified in 10 CFR 429.27. DOE standards for GSFLs, IRLs, and GSILs are
codified respectively at 10 CFR 430.32(n)(1), (2), (4), (6), and (7)
and (x).
On July 6, 2009, DOE published a final rule amending the test
procedures for GSFLs, IRLs, and GSILs. 74 FR 31829. These amendments
consisted largely of: (1) Referencing the most current versions of
several lighting industry test standards incorporated by reference; (2)
adopting certain technical changes and clarifications; and (3)
expanding the test procedures to

[[Page 43123]]

accommodate new classes of lamps to which coverage was extended by the
Energy Independence and Security Act of 2007 (Pub. L. 110-140). Id. The
final rule also addressed the then recently established statutory
requirement to expand test procedures to incorporate a measure of
standby mode and off mode energy consumption and determined that,
because these modes of energy consumption were not applicable to the
lamps, an expansion of the test procedures was not necessary. Id.
Shortly thereafter, DOE again amended the test procedures to adopt
reference ballast settings necessary for the additional GSFLs for which
DOE was establishing standards. 74 FR 34080, 34096 (July 14, 2009).
DOE most recently amended the test procedures for GSFLs and GSILs
in a final rule published on January 27, 2012. 77 FR 4203. DOE updated
several references to the industry test standards referenced in DOE's
test procedures and established a lamp lifetime test method for GSILs.
Id. In that final rule, DOE determined amendments to the existing test
procedure for IRLs were not necessary. Id.
On June 3, 2021, DOE published a notice of proposed rulemaking
(NOPR) amending the test procedures for GSFL, IRLs, and GSILs. 86 FR
29888 (``June 2021 NOPR''). In the June 2021 NOPR, DOE proposed to
update to the latest versions of the referenced industry test
standards; clarify definitions, test conditions and methods; clarify
test frequency and inclusion of cathode power in measurements for
GSFLs; provide a test method for measuring CRI of GSILs and IRLs and
for measuring lifetime of IRLs; allow manufacturers to make voluntary
(optional) representations of GSFLs at high frequency settings; and to
align sampling and certification requirements with proposed test
procedure terminology and with the Federal Trade Commission's labeling
program. Id.
In this NOPR, DOE is proposing to revise the reporting requirements
to reflect the current energy conservation standards for GSILs and IRLs
and include other characteristics in the certification report needed to
determine the applicable product classes. DOE is not proposing
revisions to GSFL reporting requirements in this NOPR.
3. Ceiling Fans
Ceiling fans are ``covered products'' for which DOE is authorized
to establish and amend energy conservation standards and test
procedures. (42 U.S.C. 6291(49), 42 U.S.C. 6293(b)(16)(A)(ii) and (B),
42 U.S.C. 6295(ff)(1) and (6)(C)) DOE's existing test procedure for
ceiling fans appears at 10 CFR 430.23 and appendix U of 10 CFR part
430, subpart B, ``Uniform Test Method for Measuring the Energy
Consumption of Ceiling Fans.'' Sampling and reporting requirements for
ceiling fans are set forth at 10 CFR 429.32. DOE's existing energy
conservation standards for ceiling fans are located in 10 CFR
430.32(s).
On July 25, 2016, DOE published a final rule which amended the test
procedures for ceiling fans at appendix U. 81 FR 48620 (``July 2016
Final Rule''). On January 19, 2017, DOE established energy conservation
standards for ceiling fans, expressed as the minimum allowable
efficiency in terms of cubic feet per minute per watt (``CFM/W''), as a
function of ceiling fan diameter in inches. These standards are
applicable to all ceiling fans manufactured in, or imported into, the
United States on and after January 21, 2020. 82 FR 6826, 6827
(``January 2017 CF ECS Final Rule'').
On September 30, 2019, DOE published a NOPR proposing amendments to
the test procedure. 84 FR 51440 (``September 2019 NOPR'').
Additionally, on October 17, 2019, DOE hosted a public meeting to
present the September 2019 NOPR proposals.
On December 27, 2020, the Energy Act of 2020 (Pub. L. 116-260) was
signed into law, and amended performance standards for large-diameter
ceiling fans (``LDCFs'').\6\ (42 U.S.C. 6295(ff)(6)(C)(i), as codified)
Specifically, section 1008 of the Energy Act of 2020 amended section
325(ff)(6) of EPCA to specify that large-diameter ceiling fans
manufactured on or after January 21, 2020, are not required to meet
minimum ceiling fan efficiency requirements in terms of the ratio of
the total airflow to the total power consumption (i.e., CFM/W) as
established in the January 2017 CF ECS Final Rule. (42 U.S.C.
6295(ff)(6)(C)(i)(I), as codified) Instead, LDCFs are required to meet
specified minimum efficiency requirements based on the Ceiling Fan
Energy Index (``CFEI'') metric, with one standard based on operation of
the fan at high speed and a second standard based on operation of the
fan at 40 percent speed or the nearest speed that is not less than 40
percent speed. (42 U.S.C. 6295(ff)(6)(C)(i)(II), as codified)
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\6\ A large-diameter ceiling fan is a ceiling fan that is
greater than seven feet in diameter. 10 CFR part 430, subpart B,
appendix U, section 1.14.
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On May 27, 2021, DOE published a final rule to amend the current
regulations for large-diameter ceiling fans, corresponding to the
provisions in the Energy Act of 2020. 86 FR 28469 (``May 2021 Technical
Amendment'') The May 2021 Technical Amendment also implemented
conforming amendments to the ceiling fan test procedure to ensure
consistency with the Energy Act of 2020.
Current ceiling fan reporting requirements do not reflect the
amended energy conservation standards adopted in the January 2017 CF
ECS final rule, nor do they reflect the updated performance standards
for large-diameter ceiling fans as established in the Energy Act of
2020. Therefore, DOE is proposing to update the reporting requirements
to reflect current standards.
4. Consumer Furnaces and Boilers
Consumer furnaces and boilers are included in the list of ``covered
products'' for which DOE is authorized to establish and amend energy
conservation standards and test procedures.\7\ (42 U.S.C. 6292(a)(5))
DOE's energy conservation standards for consumer furnaces and boilers
are currently prescribed at 10 CFR 430.32(e). Test procedures for
consumer furnaces and boilers are currently specified in 10 CFR part
430, subpart B, appendix N, ``Uniform Test Method for Measuring the
Energy Consumption of Furnaces and Boilers'' (``appendix N'').
Reporting requirements for consumer furnaces and boilers are set forth
in 10 CFR 429.18.
---------------------------------------------------------------------------

\7\ The list of covered products includes ``furnaces;'' however,
EPCA defines a ``furnace,'' in relevant part, as ``an electric
central furnace, electric boiler, forced-air central furnace,
gravity central furnace, or low pressure steam or hot water
boiler.'' (42 U.S.C. 6291(23)(C))
---------------------------------------------------------------------------

The DOE test procedure for consumer furnaces and boilers at
appendix N is used to determine the annual fuel utilization efficiency
(``AFUE''), which for gas-fired and oil-fired furnaces and boilers
accounts for fossil fuel consumption in active, standby, and off modes,
but does not include electrical energy consumption. For electric
furnaces and boilers, AFUE accounts for electrical energy consumption
in active mode. Appendix N also includes separate provisions to
determine the electrical energy consumption in standby mode
(P<INF>W,SB</INF>) and off mode (P<INF>W,OFF</INF>) in watts for gas-
fired, oil-fired, and electric furnaces and boilers.
On October 20, 2010, DOE published a final rule in the Federal
Register to amend its test procedure for consumer furnaces and boilers
to establish a method for measuring the electrical energy use in
standby mode and off mode for gas-fired and oil-fired boilers in
satisfaction of 42 U.S.C. 6295(gg)(2)(A), which requires that test

[[Page 43124]]

procedures for all covered products account for standby mode and off
mode energy consumption. 75 FR 64621. DOE most recently updated its
test procedure for consumer furnaces and boilers in a final rule
published in the Federal Register on January 15, 2016 (January 2016
final rule). 81 FR 2628. The January 2016 final rule amended the
existing DOE test procedure for consumer furnaces and boilers through a
number of modifications designed to improve the consistency and
accuracy of test results generated using the DOE test procedure and to
reduce test burden. 81 FR 2628, 2629-2630 (Jan. 15, 2016).
EPCA established the initial energy conservation standards for
consumer furnaces and boilers in terms of AFUE (42 U.S.C. 6295(f)(1)-
(3)) and directed DOE to conduct a series of rulemakings to determine
whether to amend these standards (42 U.S.C. 6295(f)(4); see also 42
U.S.C. 6295(m)). On November 19, 2007, DOE published a final rule in
the Federal Register (the November 2007 final rule) that revised the
energy conservation standards for certain consumer furnace and boiler
product classes, with compliance required beginning on November 19,
2015. 72 FR 65136. Following DOE's adoption of the November 2007 final
rule, several parties jointly sued DOE in the United States Court of
Appeals for the Second Circuit (Second Circuit) to invalidate the rule,
arguing that the standards adopted did not reflect the maximum
improvement in energy efficiency that is technologically feasible and
economically justified, as required by EPCA. Petition for Review, State
of New York, et al. v. Department of Energy, et al., Nos. 08-0311-
ag(L); 08-0312-ag(con) (2d Cir. Filed Jan. 17, 2008). On April 21,
2009, the Second Circuit granted a motion by DOE for voluntary remand
(which the petitioners did not oppose) that indicated that DOE would
revisit its initial conclusions outlined in the November 2007 final
rule in a subsequent rulemaking action but did not vacate the standards
adopted in the November 2007 final rule.
On June 27, 2011, DOE published a direct final rule (June 2011 DFR)
revising the energy conservation standards for consumer furnaces (as
well as consumer central air conditioners and heat pumps) pursuant to
the voluntary remand in State of New York, et al. v. Department of
Energy, et al. 76 FR 37408. The June 2011 DFR amended the existing
energy conservation standards for non-weatherized gas furnaces, mobile
home gas furnaces, and non-weatherized oil furnaces, and amended the
compliance date (but left the existing standards in place) for
weatherized gas furnaces. The June 2011 DFR also established electrical
standby mode and off mode standards for non-weatherized gas furnaces,
mobile home gas furnaces, non-weatherized oil furnaces, mobile home oil
furnaces, and electric furnaces. DOE confirmed the standards and
compliance dates promulgated in the June 2011 DFR in a notice of
effective date and compliance dates published in the Federal Register
on October 31, 2011. 76 FR 67037.
Following DOE's adoption of the June 2011 DFR, the American Public
Gas Association (APGA) filed a petition for review with the United
States Court of Appeals for the District of Columbia Circuit (D.C.
Circuit) to invalidate the DOE rule as it pertained to non-weatherized
natural gas furnaces and mobile home gas furnaces. Petition for Review,
American Public Gas Association, et al. v. Department of Energy, et
al., No. 11-1485 (D.C. Cir. filed Dec. 23, 2011). On April 24, 2014,
the Court granted a motion that approved a settlement agreement that
was reached between DOE, APGA, and the various intervenors in the case,
in which DOE agreed to a remand of the non-weatherized gas furnace and
mobile home gas furnace portions of the June 2011 DFR in order to
conduct further notice-and-comment rulemaking. Accordingly, the Court's
order vacated the June 2011 DFR in part (i.e., those portions relating
to non-weatherized gas furnaces and mobile home gas furnaces) and
remanded to the agency for further rulemaking. The energy conservation
standards in the June 2011 DFR for the other consumer furnace product
classes (as well as central air conditioners and heat pumps) were left
in place.
On December 19, 2007, the Energy Independence and Security Act of
2007 (``EISA 2007''), Public Law 110-140, was signed into law. EISA
2007 revised the AFUE requirements and set design requirements for most
consumer boiler product classes and required compliance with the
amended standards beginning on September 1, 2012. (42 U.S.C.
6295(f)(3)) For gas-fired hot water boilers, oil-fired hot water
boilers, and electric hot water boilers, EISA 2007 requires that
residential boilers have an automatic means for adjusting water
temperature.\8\ EISA 2007 also disallows the use of constant-burning
pilot lights in gas-fired hot water boilers and gas-fired steam
boilers. EISA 2007 provided an exception for boilers that operate
without any need for electricity or any electric connection, electric
gauges, electric pumps, electric wires, or electric devices; those
boilers were not required to meet the requirements outlined in EISA
2007 for other consumer boilers that require an electrical connection.
(42 U.S.C. 6295(f)(3)(A)-(C); 10 CFR 430.32(e)(2)(ii)-(v)) DOE
published a final rule technical amendment in the Federal Register on
July 28, 2008 (July 2008 final rule technical amendment) to codify the
energy conservation standard levels, design requirements, and
compliance dates for residential boilers outlined in EISA 2007. 73 FR
43611. DOE completed the most recent rulemaking cycle to amend the
standards for consumer boilers by publishing a final rule in the
Federal Register on January 15, 2016 (January 2016 final rule), as
required under 42 U.S.C. 6295(f)(4)(C). 81 FR 2320. The January 2016
final rule adopted new standby mode and off mode standards for consumer
boilers in terms of P<INF>W,SB</INF> and P<INF>W,OFF</INF> in addition
to amended AFUE energy conservation standards. Compliance with the new
and amended standards for consumer boilers was required beginning
January 15, 2021. Id.
---------------------------------------------------------------------------

\8\ The automatic means for adjusting water temperature must
ensure that an incremental change in the inferred heat load produces
a corresponding incremental change in the temperature of the water
supplied by the boiler.
---------------------------------------------------------------------------

In this NOPR, DOE proposes to require certification and reporting
of standby mode and off mode energy consumption for certain product
classes, consistent with the energy conservation standards for standby
mode and off mode energy consumption adopted in the June 2011 DFR and
January 2016 final rule. DOE also proposes to require certification of
the type of ignition system for all gas-fired consumer boilers
consistent with the prescriptive design requirement set forth in EISA
2007 and subsequently codified by DOE in the July 2008 final rule
technical amendment, which applies to all gas-fired consumer boilers.
5. Consumer Water Heaters
Consumer water heaters are included in the list of ``covered
products'' for which DOE is authorized to establish and amend energy
conservation standards and test procedures. (42 U.S.C. 6292)(a)(4))
DOE's energy conservation standards and test procedures for consumer
water heaters are currently prescribed at 10 CFR 430.32(d) and 10 CFR
part 430, subpart B, appendix E, respectively.
The Energy Efficiency Improvement Act of 2015 (EEIA 2015), Public
Law 114-11, was enacted on April 30, 2015. The EEIA 2015 amended EPCA,
in relevant part, by adding definitions for ``grid-enabled water
heater'' and

[[Page 43125]]

``activation lock'' at 42 U.S.C. 6295(e)(6)(A). These products are
intended for use as part of an electric thermal storage or demand
response program. Among the criteria that define a ``grid-enabled water
heater'' is an energy-related performance standard that is either an
energy factor (EF) specified by a formula set forth in the statute, or
an equivalent alternative standard that DOE may prescribe. (42 U.S.C.
6295(e)(6)(A)(ii)(III)(aa) and (bb)) In addition, the EEIA 2015
amendments to EPCA also directed DOE to require reporting on shipments
and activations of grid-enabled water heaters and to establish
procedures, if appropriate, to prevent product diversion for non-
program purposes, and to publish related results. (42 U.S.C.
6295(e)(6)(C)-(D)) EEIA 2015 also required DOE to treat shipment data
reported by manufacturers as confidential business information. (42
U.S.C. 6295(e)(6)(C)(iii)) On August 11, 2015, DOE published a final
rule (August 2015 final rule) in the Federal Register that added
definitions for ``grid-enabled water heater'' and ``activation lock''
to 10 CFR 430.2 and energy conservation standards for grid-enabled
water heaters to 10 CFR 430.32(d). 80 FR 48004, 48009-48010. The August
2015 final rule did not establish provisions to require the reporting
of shipments by manufacturers.
In this NOPR, DOE proposes to require each manufacturer to report
annual shipments of their grid-enabled water heaters and to treat the
annual shipments of grid-enabled water heaters as confidential business
information.
6. Dishwashers
Dishwashers are included in the list of ``covered products'' for
which DOE is authorized to establish and amend test procedures and
energy conservation standards. (42 U.S.C. 6292)(a)(6)) DOE's test
procedures for dishwashers are currently prescribed at 10 CFR 430.23(c)
and appendix C1 to subpart B of 10 CFR part 430 (``appendix C1'').
DOE's energy conservation standards for dishwashers are currently
prescribed at 10 CFR 430.32(f).
In a direct final rule published on May 30, 2012 (``May 2012 direct
final rule''), DOE amended the energy conservation standards and water
use standards for dishwashers consistent with the levels submitted in a
petition by groups representing manufacturers, energy and environmental
advocates, and consumer groups. 77 FR 31918, 31919. Compliance with the
standards established in the May 2012 direct final rule was required
beginning May 30, 2013. Id. at 77 FR 31918. In a final determination
published on December 13, 2016, DOE concluded that the amended energy
conservation standards would not be economically justified at any level
above the standards established in the May 2012 direct final rule, and
therefore determined not to amend the standards. 81 FR 90072.
DOE most recently amended its dishwasher test procedures in a final
rule published October 31, 2012, which established appendix C1. 77 FR
65942, 65947. Appendix C1 is currently required to demonstrate
compliance with the energy conservation standards prescribed at 10 CFR
430.32(f). The current version of the DOE test procedure includes
provisions for determining estimated annual energy use and per-cycle
water consumption, among other metrics. (10 CFR 430.23(c))
In this NOPR, DOE proposes adding a certification reporting
requirement to ensure that any assessment or enforcement testing
pursuant to 10 CFR 429.104 and 429.110, respectively, would be
performed using the same detergent used by the manufacturer for
certifying compliance with the energy conservation standards.
7. Commercial Clothes Washers
CCWs are included in the list of ``covered equipment'' for which
DOE is authorized to establish and amend energy conservation standards
and test procedures. (42 U.S.C. 6311(1)(H)) EPCA requires the test
procedures for CCWs to be the same as those established for consumer
(residential) clothes washers (``RCWs''). (42 U.S.C. 6314(a)(8)) DOE's
test procedures for CCWs are currently prescribed at 10 CFR 431.154 and
reference DOE's test procedure for RCWs currently prescribed at
appendix J2 to subpart B of 10 CFR part 430 (``appendix J2'').\9\ DOE's
energy conservation standards for CCWs are prescribed at 10 CFR
431.156(b).
---------------------------------------------------------------------------

\9\ The test procedures for CCWs prescribed at 10 CFR 431.154
also reference appendix J1 to subpart B of 10 CFR part 430
(``appendix J1''). For CCWs, Appendix J1 is required to demonstrate
compliance with energy conservation standards applicable to CCWs
manufactured before January 1, 2018. Any representations of
compliance with the standards applicable to CCWs manufactured on or
after January 1, 2018 must be based upon results generated using
appendix J2.
---------------------------------------------------------------------------

In a final rule published on December 15, 2014, DOE amended the
energy conservation standards and water standards for CCWs. 79 FR 74492
(``December 2014 Standards Final Rule''). Compliance with the standards
established in the December 2014 Standards Final Rule was required
beginning January 1, 2018. Id.
DOE most recently amended its CCW test procedures in a final rule
published December 3, 2014. 79 FR 71624 (``December 2014 TP Final
Rule''). The December 2014 TP Final Rule amended 10 CFR 431.152 to
provide definitions for integrated water factor (``IWF'') and modified
energy factor value calculated using appendix J2
(``MEF<INF>J2</INF>'')--the metrics on which the current energy
conservation standards are based--among other minor changes.
In this NOPR, DOE proposes to require reporting model
characteristics used for determining applicable standards and for
conducting product-specific enforcement provisions for clothes washers
(which includes CCWs), and to specify rounding instructions for each
newly reported value.
8. Battery Chargers
Battery chargers are ``covered products'' for which DOE is
authorized to establish and amend energy conservation standards and
test procedures. (42 U.S.C. 6295(u)) DOE's energy conservation
standards for battery chargers are currently prescribed at 10 CFR
430.32(z). The test procedures for battery chargers are currently
prescribed at 10 CFR part 430, subpart B appendix Y, ``Uniform Test
Method for Measuring the Energy Consumption of Battery Chargers''
(``appendix Y''). The sampling and reporting requirements for battery
chargers are set forth in 10 CFR 429.39.
On May 20, 2016, DOE published a final rule that established the
test procedure for battery chargers at appendix Y. 81 FR 31827. In that
final rule, DOE updated the battery selection criteria for multi-
voltage, multi-capacity battery chargers; harmonized the
instrumentation resolution and uncertainty requirements with the second
edition of the International Electrotechnical Commission (``IEC'')
62301 standard for measuring standby power; defined and excluded back-
up battery chargers from the testing requirements; outlined provisions
for conditioning lead acid batteries; specified sampling and
certification requirements; and corrected typographical errors in the
current test procedure. Id.
On June 13, 2016, DOE established the current energy conservation
standards for battery chargers, expressed as the maximum allowable unit
energy consumption (``kWh/yr'') as a function of battery energy and
voltage. 81 FR 38266.
Consistent with these prior regulatory amendments affecting battery
chargers, this proposal would establish an annual filing date by which
manufacturers

[[Page 43126]]

would be required to submit the required certification information to
DOE.
9. Dedicated-Purpose Pool Pumps
DPPPs are a subset of pumps, which are included in the list of
``covered equipment'' for which DOE is authorized to establish and
amend energy conservation standards and test procedures. (42 U.S.C.
6311(1)(A)) DOE's test procedures for DPPPs are currently prescribed at
10 CFR 431.464(b) and DOE's energy conservation standards for DPPPs are
prescribed at 10 CFR 431.465(f)-(h). The certification and reporting
requirements for DPPPs are set forth in 10 CFR 429.59(b)(2)(iv)-(v) and
(b)(3)(iv).
DOE's test procedure for determining DPPP energy efficiency was
established in a final rule published on August 7, 2017. 82 FR 36858
(``August 2017 Final Rule''). The test procedure reflects the consensus
of the Appliance Standards Rulemaking Federal Advisory Committee
(ASRAC) negotiated rulemaking working group for DPPPs. (Docket No.
EERE-2015-BT-STD-0008, Nos. 51 and 82) The August 2017 Final Rule also
included certification and enforcement provisions for DPPPs.
In this NOPR, DOE proposes to clarify the certification reporting
requirements for DPPPs in 10 CFR 429.59(b)(2)(iv) and (b)(3)(iv), in
order to resolve potential confusion as to the scope of these
provisions.

II. Synopsis of the Notice of Proposed Rulemaking

In this NOPR, DOE proposes to update the certification reporting
requirements as follows:
(1) Align the CFLK certification reporting requirements at 10 CFR
429.33 with the CFLK energy conservation standards relating to: (a)
Efficacy for light sources in CFLKs; (b) lumen maintenance, lifetime,
and rapid cycle stress testing for medium screw base CFLs in CFLKs; (c)
electronic ballasts for pin-based fluorescent lamps in CFLKs; (d) test
sample size; and (e) kind of lamp.
(2) Include rated voltage and lamp diameter for IRLs and initial
lumen output for GSILs in certification reports to determine applicable
energy conservation standards under the GSIL and IRL certification
reporting requirements at 10 CFR 429.27. Additionally, for IRLs include
CRI in certification reports, an existing minimum energy conservation
requirement for these products.
(3) Align the ceiling fan certification reporting requirements at
10 CFR 429.32 with existing energy conservation standards established
in the January 2017 CF ECS Final Rule and the Energy Act of 2020.
Additionally, specify rounding requirements for CFM/W and CFEI.
Finally, add a reporting requirement for standby power consumption for
small-diameter ceiling fans.
(4) Align the consumer furnace and boiler certification reporting
requirements at 10 CFR 429.18 with the existing energy conservation
standards by requiring reporting of standby mode and off mode energy
consumption for classes with existing standby mode and off mode energy
conservation standards, and clarifying that the requirement for
certifying the type of ignition system applies to all gas-fired boilers
(rather than just cast iron sectional gas-fired boilers).
(5) Add certification provisions at 10 CFR 429.17 to require water
heater manufacturers to report the number of annual shipments of grid-
enabled water heaters.
(6) Add certification provisions at 10 CFR 429.19 to require
dishwasher manufacturers to indicate use of a new detergent formulation
that replaces the detergent formulation currently specified, which has
been discontinued.
(7) Add certification provisions at 10 CFR 429.46 to require CCW
manufacturers to report model characteristics used for determining
applicable standards and for conducting product-specific enforcement
provisions; and specify rounding instructions for these reported
values.
(8) Establish an annual filing date in 10 CFR 429.12, by which
manufacturers of battery chargers would be required to submit the
required certification information to DOE.
(9) Clarify the certification reporting requirements in 10 CFR
429.59 for DPPPs.
DOE's current and proposed reporting requirements, as well as the
reason for the proposed change, are summarized in Table II.1 of this
document.

Table II.1--Summary of Proposed Changes to Certification Reporting
Requirements Relative to Current Certification Reporting Requirements
------------------------------------------------------------------------
Proposed
Current DOE certification certification
reporting requirements reporting Attribution
requirements
------------------------------------------------------------------------
For CFLKs, no reporting Add reporting Required to verify
requirement for efficacy requirement for whether the
for a lamp and integrated efficacy in lumens information
SSL circuitry. per watt (lm/W) and provided is
for lumen output in consistent with the
lumens (to certifier's
determine the statement of
minimum efficacy compliance with
standard) for a January 21, 2020
lamp and integrated energy conservation
SSL circuitry in a standards.
CFLK.
For CFLKs, no reporting Add reporting Required to verify
requirements for lumen requirements to whether the
maintenance at 1,000 hours, specify the lumen information
lumen maintenance at 40 maintenance at provided is
percent of lifetime, the 1,000 hours in consistent with the
results of rapid cycle percent, lumen certifier's
stress testing, and maintenance at 40 statement of
lifetime for medium screw percent of lifetime compliance with
base CFLs. in percent, number January 21, 2020
of units passing energy conservation
rapid cycle stress standards.
testing, and the
lifetime in hours
for medium screw
base CFLs in a CFLK.
For CFLKs, no reporting Add reporting Required to verify
requirement specifying that requirement to whether the
a CFLK with pin-based provide a information
sockets for fluorescent declaration that provided is
lamps have an electronic CFLKs with pin- consistent with the
ballast. based sockets for certifier's
fluorescent lamps statement of
have an electronic compliance with
ballast. January 21, 2020
energy conservation
standards.
For CFLKs, no reporting Add reporting Required to verify
requirement specifying that requirement to whether the
a CFLK is packaged with provide a information
lamps to fill all sockets. declaration that provided is
CFLKs are packaged consistent with the
with lamps to fill certifier's
all sockets. statement of
compliance with
January 21, 2020
energy conservation
standards.
For CFLKs, no reporting Add requirement for Required to verify
requirement for lab declaration that whether the
accreditation. lamps packaged with information
CFLKs were tested provided is
by an International consistent with the
Laboratory certifier's
Accreditation statement of
Cooperation compliance with
(``ILAC'') laboratory
accredited accreditation
laboratory as requirements in 10
required under 10 CFR 430.25.
CFR 430.25.
For CFLKs, no reporting Add a reporting Required to verify
requirement for test sample requirement to whether the
size or kind of lamp for provide the test information
basic model of lamp. sample size and provided is
kind of lamp for consistent with the
each basic model of certifier's
lamp in the CFLK. statement of
compliance with
sampling
requirements in 10
CFR 429.12(b).

[[Page 43127]]

For GSILs and IRLs, does not Add reporting Required to verify
require reporting all requirements for whether the
metrics that aid in rated voltage, lamp information
ensuring compliance. diameter, and CRI provided is
for IRLs and consistent with the
initial lumen certifier's
output for GSILs. statement of
compliance with
existing standards
or product class
characterizations.
For ceiling fans, reporting Add reporting Required to verify
requirement includes number requirements for whether the
of speeds and design small diameter information
requirement declaration. ceiling fans to provided is
include blade span, consistent with the
ceiling fan certifier's
efficiency in CFM/ statement of
W, declarations compliance with
regarding multi- January 21, 2020
head fans along energy conservation
with additional standards to
product-specific reflect the January
information for 2017 CF ECS Final
small-diameter Rule.
ceiling fans:
Standby power,
blade edge
thickness (in),
airflow (CFM) at
high speed, blade
RPM at high speed,
and the distance
(in) between the
ceiling and the
lowest point on the
fan blades (in both
hugger and standard
configurations for
multi-mount fans).
For ceiling fans, reporting Add reporting Required to verify
requirement includes number requirements for whether the
of speeds and design large diameter information
requirement declaration. ceiling fans to provided is
include CFEI for consistent with the
high speed and 40 certifier's
percent speed or statement of
the nearest speed compliance with
that is not less January 21, 2020
than 40 percent energy conservation
speed. standards to
reflect the Energy
Act of 2020.
For ceiling fans, no Amend 10 CFR 429.32 Required to verify
rounding requirements for to specify that whether the
the small diameter or large represented values information
diameter ceiling fan of efficiency must provided is
efficiencies. be rounded to the consistent with the
nearest whole certifier's
number for small statement of
diameter ceiling compliance with
fans in terms of January 21, 2020
CFM/W and to the energy conservation
nearest hundredth standards to
for large diameter reflect the January
ceiling fans in 2017 CF ECS Final
terms of CFEI. Rule and the Energy
Act of 2020.
For consumer boilers, non- Add reporting Required to verify
weatherized oil-fired requirement for whether the
furnaces (including mobile standby mode and information
home furnaces) and electric off mode energy provided is
furnaces, no reporting consumption of consistent with the
requirement for standby consumer boilers, certifier's
mode and off mode energy non-weatherized oil- statement of
consumption. fired furnaces compliance with May
(including mobile 1, 2013 energy
home furnaces), and conservation
electric furnaces. standards for non-
weatherized oil-
fired furnaces
(including mobile
home furnaces) and
electric furnaces,
and the January 15,
2021 energy
conservation
standards for
consumer boilers.
For gas-fired boilers, Expand reporting Required to verify
reporting requirement to requirement for whether the
certify type of ignition type of ignition information
system applies only to cast system to apply to provided is
iron sectional gas-fired all gas-fired consistent with the
boilers. boiler. certifier's
statement of
compliance with
September 1, 2012
energy conservation
standards, which
includes a
prescriptive
requirement that
disallows a
constant-burning
pilot ignition for
all gas-fired
boilers.
For grid-enabled water Require Required by EPCA
heaters, no requirement for manufacturers to under 42 U.S.C.
manufacturers to submit submit annual 6295(e)(6)(C)(i).
annual shipment data. shipment data for
grid-enabled water
heaters at 10 CFR
429.17.
For testing dishwashers, no Require Required to ensure
reporting requirement for manufacturers to that any assessment
certification based on report use of the or enforcement
testing with an alternate new detergent testing would be
detergent in place of the formulation that performed using the
one currently specified for replaces the same detergent used
use, which has been detergent by the manufacturer
discontinued. formulation for certifying
currently specified. compliance with the
energy conservation
standards.
For CCWs, does not require Add reporting Required to verify
reporting of clothes requirements for whether the
container capacity, loading clothing container information
axis, or remaining moisture capacity, type of provided is
content value. loading (top- consistent with the
loading or front- certifier's
loading), and statement of
remaining moisture compliance with
content, including January 1, 2018
applicable rounding energy conservation
instructions for standards and to
these reported conduct product-
values. specific
enforcement
provisions.
For battery chargers, Establish an annual Required to ensure
reporting requirements are filing date of certification
included in 10 CFR 429.39, September 1, by information is
but no annual filing date which manufacturers current on an
is specified in 10 CFR would be required annual basis,
429.12. to submit required consistent with the
reporting requirements for
information to DOE. other covered
products and
equipment.
For DPPPs, includes Clarify that Eliminate possible
certification reporting reporting misunderstanding
requirements for certain requirements apply that these
models that may cause only to models reporting
confusion as to the scope subject to energy requirements apply
of these provisions. conservation to models that are
standards. not subject to
energy conservation
standards, when in
fact these
requirements do not
apply to such
models, per the
current provisions
in Sec.
429.12(a).
------------------------------------------------------------------------

DOE is not proposing amendments to the test procedures or energy
conservation standards for CFLKs, GSILs, IRLs, ceiling fans, consumer
furnaces and boilers, consumer water heaters, dishwashers, CCWs,
battery chargers, or DPPPs.

III. Discussion

Certification of compliance to DOE is a mechanism that helps
manufacturers understand their obligations for distributing models of
covered products and equipment that are subject to energy conservation
standards. Certification reports include characteristics of covered
products or equipment used to determine which standard applies to a
given basic model, and they also help DOE identify models and/or
regulated entities that may not be in compliance with the applicable
regulations.
For the products and equipment addressed in this NOPR, DOE has
identified areas in which the certification reporting requirements are
not consistent with the information required to verify whether the
information provided is consistent with the certifier's statement of
compliance with current energy conservation standards. DOE is proposing
amendments to the certification and reporting provisions for these
products and equipment, as discussed in the following sections, to
ensure reporting that is consistent with currently applicable energy
conservation standards and to ensure DOE has the information necessary
to determine the appropriate classification of products for the
application of standards. In addition to the specific proposals
discussed in the following sections, DOE is also proposing minor

[[Page 43128]]

amendments to ensure consistency among terms used throughout DOE's
certification and reporting provisions.

A. Ceiling Fan Light Kits

1. Scope of Applicability
This NOPR applies to CFLKs, which are products designed to provide
light from a ceiling fan and can be either: (1) Integral, such that the
equipment is attached to the ceiling fan prior to the time of retail
sale; or (2) attachable, such that at the time of retail sale the
equipment is not physically attached to the ceiling fan, but may be
included inside the ceiling fan packaging at the time of sale or sold
separately for subsequent attachment to the fan. 10 CFR 430.2 (42
U.S.C. 6291(50)). In the December 2015 CFLK TP Final Rule, DOE revised
its interpretation of the CFLK definition to state that the requirement
for a CFLK to be ``designed to provide light'' includes all light
sources in a CFLK, including accent lighting. 80 FR 80209, 80214. DOE
seeks comment on whether CFLKs are still being distributed in commerce
that were manufactured prior to January 21, 2020, and therefore, DOE
should retain compliance requirements for these standards.
2. Reporting
Under the existing requirements in 10 CFR 429.33(b), manufacturers
must report: (1) System efficacy and rated wattage for CFLKs with
medium screw base lamps; (2) system efficacy, rated wattage, and lamp
length for CFLKs with pin-based fluorescent lamps; and (3) rated
wattage and number of individual sockets for CFLKs with any other
socket type. The existing reporting requirements also require a
declaration that CFLKs with any other socket type (i.e., not medium
screw base or pin-based) meet the applicable design requirements. These
requirements provide for certifying compliance with the January 1, 2007
standards. DOE is proposing to replace these requirements and align the
reporting requirements with the January 21, 2020 standards and
proposing general certification requirements for CFLKs. DOE discusses
these proposed updates in the sections as follows.
a. Efficacy
The January 21, 2020 standards require that all lamps and
integrated SSL packaged with CFLKs meet certain efficacy standards
based on the lumens of the lamp. To reflect the January 21, 2020
standards, DOE proposes to require a certification report to identify
each basic model of lamp or integrated SSL circuitry packaged with the
CFLK basic model and to provide the corresponding lumen output in
lumens and the efficacy in lumens per watt (``lm/W'') for each lamp/SSL
basic model. The inclusion of basic model number, associated lumen
output, and efficacy in the certification report provides necessary
data to determine whether the basic model of the lamp in the CFLK
complies with the January 21, 2020 standards requiring a minimum
efficacy based on the lumens of the lamp.
The current test procedures and reporting requirements for various
lighting products do not all use the same terms for lumen output and
efficacy (e.g., lumen output, average lumen output, initial lumen
output, rated lumen output, efficacy, lamp efficacy, initial lamp
efficacy, system efficacy). DOE therefore proposes to use the common
terms ``lumen output'' and ``efficacy'' to identify the required
values, and to make conforming revisions to the rounding requirements
at 10 CFR 429.33(c).
DOE seeks comments on requiring the reporting of lumen output and
efficacy to certify compliance to January 21, 2020 standards.
b. Lumen Maintenance, Lifetime, and Rapid Cycle Stress Test
Both the January 1, 2007 standards and January 21, 2020 standards
include, for medium screw base CFLs packaged with a CFLK, minimum
requirements for lumen maintenance at 1,000 hours, lumen maintenance at
40 percent of lifetime, lifetime, and the number of units in the tested
sample that must pass the rapid cycle stress test. 10 CFR
430.32(s)(3)(i) and (s)(6)(i). Currently, the reporting requirements do
not reflect these requirements for CFLs packaged with CFLKs. DOE
proposes to require these values to verify whether the information
provided is consistent with the certifier's statement of compliance
with the January 21, 2020 standards. Specifically, for CFLKs packaged
with a medium screw base CFL, for each basic model of CFL, DOE proposes
to require reporting lumen maintenance at 1,000 hours and lumen
maintenance at 40 percent of lifetime in percentages; lifetime in
hours; and the number of CFL units that pass rapid cycle stress
testing. Similar to DOE's reporting requirements for CFLs sold
individually (see 10 CFR 429.35), DOE proposes to allow certification
of lumen maintenance at 40 percent of lifetime, lifetime, and rapid
cycle stress testing of a medium screw base CFL in a CFLK to be based
on estimations until testing is complete. This would allow new basic
models of CFLKs with medium screw based CFLs to be distributed prior to
completion of lifetime testing.
DOE seeks comment on reporting lumen maintenance at 1,000 hours and
at 40 percent of lifetime, lifetime, and the rapid cycle stress test
results for medium screw base CFLs in CFLKs. DOE seeks comment on
allowing estimates for lumen maintenance at 40 percent of lifetime,
lifetime, and the rapid cycle stress test result.
c. Design Requirement Declarations
The January 21, 2020 standards continue to require that CFLKs with
pin-based sockets for fluorescent lamps must use an electronic ballast.
10 CFR 430.32(s)(6)(ii). The current certification reporting
requirements require for CFLKs with any socket type other than medium
screw base or pin base a declaration that the basic model meets the
applicable EPCA design requirement \10\ and that the features that have
been incorporated into the ceiling fan light kit meet the applicable
design requirement (e.g., circuit breaker, fuse, ballast). 10 CFR
429.33(b)(3). DOE proposes to make this declaration more specific to
existing requirements and require that, for a CFLK with a pin-based
socket for a fluorescent lamp, the manufacturer provide in the
certification report a declaration that that such a CFLK has an
electronic ballast. This will allow DOE to verify whether the
information provided is consistent with the certifier's statement of
compliance with the January 21, 2020 standard requirement that a pin-
based socket fluorescent lamp in a CFLK have an electronic ballast. 10
CFR 429.12(b).
---------------------------------------------------------------------------

\10\ CFLKs that meet the January 21, 2020 efficacy standards are
presumed to meet the EPCA-mandated 190 W limit requirement. See 42
U.S.C. 6295(ff)(4)(C) and 10 CFR 430.32(s)(5).
---------------------------------------------------------------------------

The January 21, 2020 standards also continue to require that, for
all lamp types, the CFLK be packaged with lamps to fill all of the
sockets. 10 CFR 430.32(s)(6). DOE proposes to require a declaration
that the CFLK is packaged with lamps to fill all sockets of all lamp
types (e.g., candelabra base, medium screw base, pin-based). The
declaration provides DOE with data indicating whether the manufacturers
have addressed the January 21, 2020 standard requirement that for all
lamp types the CFLK is packaged with lamps to fill all of the sockets.
DOE seeks comment on requiring a declaration that pin-based
fluorescent lamps in CFLKs have an electronic ballast. DOE also seeks
comment on requiring a declaration that the CFLK are packaged with
lamps sufficient to fill all sockets.

[[Page 43129]]

d. Basic Model, Lamp Type, and Sample Size Requirements
In this NOPR, DOE is also proposing certain certification reporting
requirements for CFLKs to provide further specificity as to what is
required to be reported. DOE is proposing to add language in 10 CFR
429.33(b) stating that manufacturers must provide certification values
for each basic model of lamp included in the basic model of CFLK under
test. This will allow DOE to use the appropriate certification values
to verify whether the information provided is consistent with the
certifier's statement of compliance with January 21, 2020 standards. If
the same basic model of lamp is used in multiple CFLK basic models,
manufacturers may use the same set of test data for that basic model of
lamp to show compliance for each CFLK basic model in which it is
included.
DOE is also proposing manufacturers provide the test sample size
and kind of lamp for each basic model of a lamp and/or each basic model
of integrated SSL circuitry packaged with a basic model of CFLK.
Because pin-based socket fluorescent lamps and medium-based socket CFLs
in CFLKs are lamp types subject to additional standards, the lamp type
of the basic model in the CFLK is necessary to determine which product
class the basic model falls into.
Additionally, DOE is proposing that manufacturers provide, if
applicable, a declaration that each basic model of lamp packaged with
the basic model of CFLK was tested by an ILAC accredited laboratory.
Lamps identified in 10 CFR 430.25 must be tested by laboratories with
these accreditation requirements, and this declaration will allow DOE
to verify whether the information provided is consistent with the
certifier's statement of compliance with this requirement. DOE seeks
comment on the other proposed amendments to the certification reporting
requirements.
e. Rounding Requirements
DOE is proposing rounding requirements for the certification
reporting requirements proposed in this notice. DOE is proposing that
lumen output be rounded to three significant digits; lumen maintenance
at 1,000 hours and at 40 percent of lifetime be rounded to the nearest
tenth of a percent; and lifetime be rounded to the nearest whole hour.
Currently, DOE specifies that any represented value of initial lamp
efficacy, system efficacy or luminaire efficacy be rounded to the
nearest tenth. DOE is proposing to simplify this to state any
represented value of efficacy be rounded to the nearest tenth.
3. Reporting Costs and Impacts
In this NOPR, DOE proposes to align CFLK certification reporting
requirements with the energy conservation standard requirements
applicable to CFLKs manufactured on and after January 21, 2020.
For CFLKs with sockets for medium screw base lamps, manufacturers
currently report two values (i.e., efficacy, wattage), but would report
four to nine values (e.g., efficacy, lumen output, test sample size,
kind of lamp, a declaration of ILAC accreditation, lumen maintenance at
40 percent of lifetime, lumen maintenance at 1,000 hours, lifetime,
units passing rapid cycle stress test), depending on the kind of lamps
packaged with the CFLK, if the proposed amendments are adopted. For
CFLKs with pin-based sockets for fluorescent lamps, manufacturers
currently report three values (i.e., efficacy, wattage, length of lamp)
and would report five values (i.e., efficacy, lumen output, test sample
size, kind of lamp, and a declaration of ILAC accreditation), if the
proposed amendments are adopted. For CFLKs with lamps of other socket
types, manufacturers currently report two values (i.e., wattage, number
of individual sockets), but would report five values (i.e., efficacy,
lumen output, test sample size, kind of lamp, and a declaration of ILAC
accreditation), if the proposed amendments are adopted.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers because manufacturers of
CFLKs are already submitting certification reports to DOE and should
have readily available the information that DOE is proposing to collect
as part of this rulemaking. DOE does not believe the revised reporting
requirements will cause any measurable change in reporting burden or
hours as compared to what CFLK manufacturers are currently doing today.
DOE requests comment on the certification reporting costs of the
amendments proposed for CFLKs.

B. GSILs and IRLs

1. Scope of Applicability
This NOPR applies to GSILs and IRLs. DOE defines GSILs as a
standard incandescent or halogen type lamp intended for general service
applications; has a medium screw base; has a lumen range between 310-
2600 lumens or, in the case of a modified spectrum lamp, between 232-
1,950 lumens; and is capable of being operated at a voltage range at
least partially within 110-130 volts. The GSIL definition does not
include certain lamp types (see 10 CFR 430.2). 10 CFR 430.2. DOE
defines IRLs as any lamp in which light is produced by a filament
heated to incandescence by an electric current; contains an inner
reflective coating on the outer bulb to direct the light; is not
colored; is not designed for rough or vibration service applications;
is not an R20 short lamp; has an R, PAR, ER, BR, BPAR,\11\ or similar
bulb shapes with an E26 medium screw base; has a rated voltage or
voltage range that lies at least partially in the range of 115-130
volts; has a diameter that exceeds 2.25 inches; and has a rated wattage
that is 40 watts or higher. 10 CFR 430.2.
---------------------------------------------------------------------------

\11\ Reflector (``R''), parabolic aluminized reflector
(``PAR''), elliptical reflector (``ER''), bulged reflector (``BR''),
bulged parabolic aluminized reflector (``BPAR'').
---------------------------------------------------------------------------

2. Reporting
Under the existing requirements in 10 CFR 429.27(b)(2)(ii) for IRLs
manufacturers must report: (1) The testing laboratory's International
Laboratory Accreditation Cooperation (``ILAC'') accreditation body's
identification number or other approved identification assigned by the
ILAC accreditation body; (2) production dates of the units tested; (3)
the 12-month average lamp efficacy in lumens per watt (lm/W), and (4)
lamp wattage (W).
EISA 2007 established a CRI requirement for IRLs.\12\ In the June
2021 NOPR, DOE is proposing to include a test method for determining
CRI of IRLs. 86 FR 29888, 29902. To verify whether the information
provided is consistent with the certifier's statement of compliance
with standards, DOE is proposing to require the reporting of CRI for
IRLs. Additionally, for IRLs DOE is proposing to require the reporting
of rated voltage and lamp diameter. Because rated voltage and lamp
diameter are used to determine the applicable energy conservation
standards for IRLs, collecting this information helps DOE evaluate
whether a basic model meets the appropriate energy conservation
standard requirements (see 10 CFR 430.32(n)(6)). DOE is proposing to
add rated voltage, lamp diameter and CRI for IRLs only for annual
filing certification

[[Page 43130]]

reporting and not for the new basic model initial certification
reporting. In the June 2021 NOPR, DOE is proposing to remove the
requirement of submitting new basic model initial certification reports
for IRLs. 86 FR 29888, 29905. Hence, in this NOPR, DOE does not propose
to make changes to the initial certification reporting for IRLs. If the
proposed removal of initial certification reports for IRLs is not
adopted, DOE will add these values to the initial certification
reporting requirements. DOE seeks comments on requiring the reporting
of CRI to certify compliance with existing energy conservation standard
requirements for IRLs. DOE also seeks comment on requiring the
reporting of lamp diameter and rated voltage to help determine the
applicable energy conservation standard for IRLs.
---------------------------------------------------------------------------

\12\ Section 321(a) of EISA 2007 established CRI requirements
for lamps that are intended for a general service or general
illumination application (whether incandescent or not); have a
medium screw base or any other screw base not defined in ANSI
C81.61-2006; are capable of being operated at a voltage at least
partially within the range of 110 to 130 volts; and are manufactured
or imported after December 31, 2011.
---------------------------------------------------------------------------

Under the existing requirements in 10 CFR 429.27(b)(2)(iii) for
GSILs manufacturers must report: (1) The testing laboratory's ILAC
accreditation body's identification number or other approved
identification assigned by the ILAC accreditation body; (2) production
dates of the units tested; (3) the 12-month average maximum rate
wattage in watts (``W''); (4) the 12-month average minimum rated
lifetime (hours), and (5) the 12-month average CRI. DOE is proposing to
also require the reporting of initial lumen output for GSILs because
the lamp lumens help DOE evaluate whether a basic model meets the
appropriate energy conservation standard requirements (see 10 CFR
430.32(x)). DOE seeks comment on requiring the reporting of initial
lumen output to help determine the applicable energy conservation
standard for GSILs.
3. Reporting Costs and Impacts
In this NOPR, DOE proposes to align IRL certification reporting
requirements with the existing energy conservation standard
requirements. Additionally, it proposes to include reporting
requirements for GSILs and IRLs that will help DOE determine applicable
energy conservation standards for these products.
For IRLs, manufacturers currently certify four values (i.e., ILAC
accreditation, production dates, lamp efficacy, and lamp wattage), but
would report seven values with the three additional proposed reporting
values (i.e., CRI, lamp diameter, rated voltage), if the proposed
amendments are adopted. For GSILs, manufacturers currently report five
values (i.e., ILAC accreditation, production dates, wattage, lifetime,
and CRI), but would report six values with the one additional proposed
reporting value (i.e., lumens), if the proposed amendments are adopted.
Note that in the June 2021 NOPR, DOE is proposing to remove the
reporting of production dates for IRLs and GSILs. 86 FR 29888, 29905.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers because manufacturers of
IRLs and GSILs are already submitting certification reports to DOE.
Hence, manufacturers should have readily available the information that
DOE is proposing to collect as part of this rulemaking because it is
necessary to determine applicable energy conservation standards or to
meet existing statutory requirements. DOE does not believe the revised
reporting requirements will cause any measurable change in reporting
burden or hours as compared to what manufacturers of IRLs and GSILs are
currently doing today. DOE requests comment on the certification and
reporting costs of the amendments proposed for IRLs and GSILs and
whether it will result in an increase in reporting burden.

C. Ceiling Fans

1. Scope of Applicability
The Energy Policy and Conservation Act defines ``ceiling fan'' as
``a nonportable device that is suspended from a ceiling for circulating
air via the rotation of fan blades.'' (42 U.S.C. 6291(49)) DOE codified
the statutory definition in 10 CFR 430.2. In the July 2016 Final Rule,
DOE stated that the test procedure applies to any product meeting this
definition, including fans designed for applications where large
airflow volume may be needed and highly decorative fans. 81 FR 48620,
48622. DOE stated, however, that the ceiling fan test procedure does
not apply to the following fans: belt-driven ceiling fans, centrifugal
ceiling fans, oscillating ceiling fans, and ceiling fans whose blades'
plane of rotation cannot be within 45 degrees of horizontal. Id.
2. Reporting
Ceiling fan manufacturers must submit certification reports for
ceiling fan basic models before they are distributed in commerce. 10
CFR 429.12. The current requirements for certification reports for
ceiling fans correspond to the design requirements specified in EPCA.
(See 42 U.S.C. 6295(ff)(1)) These requirements are set forth at 10 CFR
429.32(b), which requires reporting of the number of speeds within the
ceiling fan controls, and a declaration that the manufacturer has
incorporated the applicable design requirements. The current
certification requirements do not reflect the amended energy
conservation standards adopted in the January 2017 CF ECS final rule or
the amended standards for large-diameter ceiling fans adopted by
Congress in the Energy Act of 2020. 82 FR 6826; 42 U.S.C.
6295(ff)(6)(C)(i), as codified; 86 FR 28469.
a. Small-Diameter Ceiling Fan Requirements
In the September 2019 NOPR, DOE proposed to update the reporting
requirements for ceiling fans to include product-specific information
that would be required to certify compliance with the amended energy
conservation standards established in January 2017 CF ECS final rule.
84 FR 51440, 51450. DOE did not finalize the proposed requirements from
the September 2019 NOPR and is revisiting the certification and
rounding requirements in this NOPR with a new proposal.
Product-specific information is necessary to determine the product
class and minimum allowable ceiling fan efficiency that would be
required to certify compliance with current energy conservation
standards. For small-diameter ceiling fans, the product class (i.e.,
very small-diameter, standard, hugger, high-speed small-diameter) is
determined using blade span (in), blade edge thickness (in), airflow
(CFM) at high speed, blade revolutions per minute (``RPM'') at high
speed, and the represented distance (in) between the ceiling and the
lowest point on the fan blades. Further, identification of whether a
small-diameter ceiling fan is a multi-head ceiling fan is necessary to
determine applicable standards. Specifically, a multi-head ceiling fans
require calculating ceiling fan efficiency differently than other
small-diameter ceiling fans by including the airflow and power
consumption of all fan heads (see section 4.1.1 of appendix U).
Accordingly, DOE proposes to require that certification reports
include the following public product-specific information for each
ceiling fan basic model: (1) Blade span in inches; (2) ceiling fan
efficiency in CFM/W; and (3) a declaration whether the fan is a multi-
head ceiling fan.
For each ceiling fan basic model, DOE also proposes to require
additional product-specific information, including: (1) Blade edge
thickness (in), airflow (CFM) at high speed, and blade revolutions per
minute (``RPM'') at high speed; and (2) for LSSD ceiling fans, the
distance (in) between the ceiling and the lowest point on the fan
blades. Manufacturers are already required to determine these values as
part of the current test procedure for ceiling fans and would be
required to use these

[[Page 43131]]

values to determine which amended energy conservation standards apply
to their basic models.
Further, DOE proposes to require reporting of standby power
consumption (in watts) for small-diameter ceiling fans. DOE notes that
standby power consumption is already required to be measured in section
3.6 of appendix U and is an input into the calculation of ceiling fan
efficiency in section 4 of appendix U. Therefore, DOE determines that
the reporting of standby power for these ceiling fans will not result
in an increase in reporting burden for manufacturers.
b. Large-Diameter Ceiling Fan Requirements
The LDCF product class is identified based on blade span (in) only.
In addition, consistent with the Energy Act of 2020, LDCFs must now
meet two separate standards based on the CFEI metric, with one standard
based on operation of the fan at high speed and a second standard based
on operation of the fan at 40 percent speed or the nearest speed that
is not less than 40 percent speed. (See 42 U.S.C.
6295(ff)(6)(C)(i)(II), as codified) Accordingly, DOE proposes to amend
the reporting requirements for LDCFs to require reporting blade span in
inches, CFEI for high speed, and CFEI for 40 percent speed or the
nearest speed that is not less than 40 percent speed.
c. Rounding Requirements
DOE proposes amendments to 10 CFR 429.32 to specify that
represented values are to be determined consistent with the test
procedures in appendix U and to specify rounding requirements for
represented values. DOE proposes that manufacturers round any
represented value of ceiling fan efficiency for small diameter ceiling
fans, expressed in CFM/W, to the nearest whole number. Additionally,
for large diameter fans, DOE proposes to specify that any represented
value of CFEI must be rounded to the nearest hundredth of a CFEI.
DOE seeks comment on the proposed updated reporting requirements
for small-diameter ceiling fans and LDCFs.
3. Reporting Costs and Impacts
In this NOPR, DOE proposes to align ceiling fan certification
reporting requirements with the energy conservation standard
requirements applicable to ceiling fans manufactured on and after
January 21, 2020, and with the May 2021 Technical Amendment.
For all ceiling fans, manufacturers currently report two fields
(i.e., the number of speeds within the ceiling fan controls and a
declaration that the manufacturer has incorporated the applicable
design requirements). 10 CFR 429.32(b)(2). For small-diameter ceiling
fans, manufacturers would be required to additionally report five to
eight fields (i.e., blade span, CFM/W, standby power, a declaration
whether the fan is a multi-head ceiling fan, blade edge thickness, CFM
and RPM at high speed, and the represented distance between the ceiling
and the lowest point on the fan blades), if the proposed amendments are
adopted. For large-diameter ceiling fans, manufacturers would be
required to additionally report three fields (i.e., blade span, CFEI
for high speed and 40 percent speed or the nearest speed that is not
less than 40 percent speed), if the proposed amendments are adopted.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers because manufacturers of
ceiling fans are already submitting certification reports to DOE and
should have readily available the information that DOE is proposing to
collect as part of this rulemaking. Any added fields are reflective of
the product-specific information needed to verify whether the
information provided is consistent with the certifier's statement of
compliance with the energy conservation standard requirements
applicable to ceiling fans manufactured on and after January 21, 2020,
established in January 2017 CF ECS final rule and the Energy Act of
2020. DOE does not believe the revised reporting requirements will
cause any measurable change in reporting burden or hours as compared to
the current requirements for ceiling fan manufacturers. DOE seeks
comment on the certification and reporting costs of the amendments
proposed for ceiling fans.

D. Consumer Furnaces and Boilers

1. Scope of Applicability
EPCA defines the term ``furnace'' to mean a product which utilizes
only single-phase electric current, or single-phase electric current or
DC current in conjunction with natural gas, propane, or home heating
oil, and which: (1) Is designed to be the principal heating source for
the living space of a residence; (2) is not contained within the same
cabinet with a central air conditioner whose rated cooling capacity is
above 65,000 Btu per hour; (3) is an electric central furnace, electric
boiler, forced-air central furnace, gravity central furnace, or low
pressure steam or hot water boiler; and (4) has a heat input rate of
less than 300,000 Btu per hour for electric boilers and low pressure
steam or hot water boilers and less than 225,000 Btu per hour for
forced-air central furnaces, gravity central furnaces, and electric
central furnaces. (42 U.S.C. 6291(23)) DOE has codified this definition
at 10 CFR 430.2, where it also defines ``electric central furnace,''
``electric boiler,'' ``forced-air central furnace,'' ``gravity central
furnace,'' and ``low pressure steam or hot water boiler''.
The changes proposed in this section apply to non-weatherized oil-
fired furnaces, electric furnaces, and consumer boilers meeting the
definitions in 10 CFR 430.2.
2. Reporting
Consumer furnace and boiler manufacturers currently must provide
the AFUE in percent and the input capacity in British thermal units per
hour (``Btu/h'') in their certification report. In addition, for cast-
iron sectional boilers, manufacturers must include the type of ignition
system for gas-fired steam and hot water boilers and a declaration of
whether certification is based on linear interpolation or testing. For
hot water boilers, manufacturers must also include a declaration that
the manufacturer has incorporated the applicable design requirements.
For multi-position furnaces, the AFUE reported for each basic model
must be based on testing in the least-efficient configuration, but
manufacturers can optionally report and make representations of
additional AFUE values based on testing in other configurations. 10 CFR
429.18(b). DOE proposes to modify some of these requirements and add
new requirements to better align with the existing standards and aid in
determining which energy conservation standards apply to a given basic
model for non-weatherized oil-fired consumer furnaces (including mobile
home furnaces), electric consumer furnaces, and consumer boilers. The
specific changes are discussed in more detail in the following
sections.
a. Standby Mode and Off Mode Energy Consumption
DOE's current standby mode and off mode energy consumption
standards for non-weatherized oil-fired furnaces (including mobile home
furnaces), electric furnaces, and consumer boilers are in terms of
P<INF>W,SB</INF> and P<INF>W,OFF</INF> (watts). 10 CFR
430.32(e)(1)(iii) and (e)(2)(iii)(B). However, the reporting
requirements for consumer furnaces and boilers at 10 CFR 429.18 do not
include a requirement to certify the standby mode

[[Page 43132]]

and off mode energy consumption of non-weatherized oil-fired furnaces
(including mobile home furnaces), electric furnaces, or consumer
boilers. Therefore, DOE proposes to require that manufacturers report
values for P<INF>W,SB</INF> and P<INF>W,OFF</INF> in their
certification reports for non-weatherized oil-fired furnaces (including
mobile home furnaces), electric furnaces, and consumer boilers.
Additionally, some manufacturers of consumer furnaces and consumer
boilers use identical controls and electrical components across various
models and/or product lines with different characteristics (e.g., input
capacity) and across AFUE levels. The differences in characteristics
may prevent these basic models from being grouped as a single basic
model, but because the basic models have identical controls and
electrical components affecting standby mode and off mode energy
consumption, the standby mode or off mode test result would be expected
to be the same for both models. Therefore, DOE proposes that if all
electrical components that would impact the standby mode and off mode
energy consumption are identical between multiple basic models,
manufacturers can optionally test only one of the basic models and use
test data from that basic model to rate the standby mode and off mode
consumption for other basic models having identical controls and
electrical components affecting standby mode and off mode energy
consumption.
b. Type of Ignition System for Gas-Fired Consumer Boilers
The energy conservation standards for consumer boilers specify that
for gas-fired hot water boilers and gas-fired steam boilers, a
constant-burning pilot ignition system is not permitted. 10 CFR
430.32(e)(2)(iii). Currently, manufacturers are required to certify the
type of ignition system only for cast iron sectional gas-fired hot
water and steam boilers. 10 CFR 429.18(b)(2)(ii). ``Cast iron
sectional'' refers to the construction of the boiler heat exchanger,
which is composed of cast iron sections. The energy conservation
standards are not limited to only consumer boilers with cast iron
sectional heat exchangers, but rather are applicable to all gas-fired
hot water boilers and gas-fired steam boilers, including those with
heat exchangers made from other materials (e.g., copper, aluminum,
stainless steel). Therefore, DOE proposes to modify the reporting
requirement for the type of ignition system such that the type of
ignition system must be certified for all gas-fired hot water boilers
and gas-fired steam boilers. This change would allow DOE to confirm
that the manufacturer-reported type of ignition system for a given
basic model meets the design requirement for all types of gas-fired hot
water boilers and gas-fired steam boilers. In addition, 10 CFR
429.18(b)(3) requires that for hot water boilers, the manufacturer
include in their certification report a declaration that the
manufacturer has incorporated the applicable design requirements. As
discussed, the standards for gas-fired steam boilers also include a
design requirement that use of a constant-burning pilot ignition is not
permitted. Therefore, DOE proposes to update the reporting requirements
in 10 CFR 429.18(b)(3) to require that manufacturers of gas-fired steam
boilers also include a declaration in the certification report that the
basic model meets the design requirement criterion.
c. Rounding Requirements
DOE is proposing rounding requirements for the certification
reporting requirements proposed in this notice for standby mode and off
mode energy consumption. Specifically, DOE proposes to require that
values for standby mode and off mode energy consumption be rounded to
the nearest 0.1 watts.
In addition, the represented value of AFUE currently must be
truncated to one-tenth of a percentage point. 10 CFR 429.18(a)(2)(vii).
DOE proposes to modify this requirement to state that AFUE must be
rounded to the nearest one-tenth of a percentage point. This change, if
adopted, would treat consumer furnaces and boilers in a manner
consistent with other types of covered products and equipment, for
which represented values are generally required to be rounded rather
than truncated. DOE notes that this change could only increase the
represented AFUE value, and as such manufacturers would have an option
of whether to re-rate the AFUE of existing models that would be
impacted by this change.
3. Reporting Costs and Impacts
In this NOPR, DOE proposes to align consumer furnace and boiler
certification reporting requirements with the existing energy
conservation standard requirements.
For non-weatherized oil-fired consumer furnaces (including mobile
home furnaces), electric consumer furnaces, and consumer boilers, the
proposed changes, if finalized, would require manufacturers to report
two additional values (i.e., P<INF>W,SB</INF> and P<INF>W,OFF</INF>) in
their annual certification reports. For gas-fired hot water and gas-
fired steam boiler models that are not cast-iron sectional boilers, the
proposed changes, if finalized, would require additional reporting of
the type of ignition system.
Manufacturers of consumer furnaces and boilers are currently
required to certify various items to DOE, depending on the product
class and applicable standards, which can include AFUE, input rate,
type of ignition system, and whether applicable design requirements are
incorporated. Because manufacturers of these products are already
submitting certification reports to DOE and should have readily
available the information that DOE is proposing to collect as part of
this rulemaking, DOE does not believe the revised reporting
requirements would cause any appreciable change in reporting burden or
hours as compared to what consumer furnace and boiler manufacturers do
currently. Additionally, because the proposed AFUE rounding requirement
would only increase represented AFUE values, manufacturers may choose
to maintain current AFUE ratings; therefore, DOE does not expect any
cost associated with this proposal.
The only product class for which no certification reporting is
currently required is electric steam boilers, as there is no AFUE
standard or design requirement for this class. However, there are
standby mode and off mode standards for electric steam boilers, so the
addition of reporting requirements for P<INF>W,SB</INF> and
P<INF>W,OFF</INF> would require new certification reporting for
electric steam boilers, if manufacturers are not already doing so.
Costs associated with the proposed updates to reporting requirements
are discussed in section IV.C of this document. DOE requests comment on
its proposed changes to the reporting requirements for consumer
furnaces and boilers, including any cost impacts.

E. Grid-Enabled Water Heaters

1. Scope of Applicability
As discussed in section I.B.5 of this document, DOE defines a
``grid-enabled water heater'' at 10 CFR 430.2, consistent with EPCA's
definition at 42 U.S.C. 6295(e)(6)(A)(ii), to mean an electric
resistance water heater that has a rated storage tank volume of more
than 75 gallons, is manufactured on or after April 16, 2015, is
equipped at the point of manufacture with an activation lock, and bears
a permanent label applied by the manufacturer that is made of material
not adversely affected by water, is attached by means of a non-water-
soluble adhesive, and advises purchasers and end-users of the intended
and appropriate use of the

[[Page 43133]]

product as part of an electric thermal storage or demand response
program.
2. Reporting
Currently, for grid-enabled consumer water heater basic models,
manufacturers are required to report the uniform energy factor
(``UEF''), the rated storage volume in gallons, the first-hour rating
in gallons, the recovery efficiency in percent, a declaration that the
model is a grid-enabled water heater, whether it is equipped at the
point of manufacture with an activation lock, and whether it bears a
permanent label applied by the manufacturer that advises purchasers and
end-users of the intended and appropriate use of the product. 10 CFR
429.17(b)(2)(iii).
EPCA, as amended, requires manufacturers to report the quantity of
grid-enabled water heaters that the manufacturer ships each year and
requires DOE to keep the shipment data reported by manufacturers as
confidential business information.\13\ (42 U.S.C. 6295(e)(6)(C)(i)-
(iii)) As stated in section I.B.5 of this document, the August 2015
final rule, which established definitions and energy conservation
standards for grid-enabled water heaters, did not establish provisions
to require the reporting of shipments by manufacturers. 80 FR 48004,
48009-48010 (August 11, 2015). Therefore, DOE is proposing to add
reporting requirements to 10 CFR 429.17 that would require
manufacturers to report the total number of grid-enabled water heaters
shipped each year for sale in the U.S., along with the calendar year
that the shipments cover, in accordance with the aforementioned
requirement of EPCA. DOE also proposes to clarify that the annual
shipments of grid-enabled water heaters reported by manufacturers will
be treated as confidential business information by the Department.
Because the annual shipments of grid-enabled water heaters would be
treated differently than other water heater reporting requirements
(i.e., the shipments would be reported on an annual basis rather than
ongoing based on model availability; and the reported shipments will be
treated as confidential business information), DOE is proposing that
the annual shipments be reported separately from the other
certification reporting requirements for water heaters in 10 CFR
429.17(b).
---------------------------------------------------------------------------

\13\ EPCA also requires that utilities and other demand response
and thermal storage program operators report annually the quantity
of grid-enabled water heaters activated for their programs. (42
U.S.C. 6295(e)(6)(C)(ii))
---------------------------------------------------------------------------

3. Reporting Costs and Impacts
The addition of reporting requirements for annual shipments of
grid-enabled consumer water heaters would newly require manufacturers
to report this information. DOE discusses reporting cost impacts
corresponding to this proposal in section IV.C of this document. DOE
requests comment on its proposal to add new reporting requirements for
the number of annual shipments of grid-enabled consumer water heaters,
and on its proposal that this information be reported separately from
the information that is currently required to be reported under 10 CFR
429.17(b).

F. Dishwashers

1. Scope of Applicability
This NOPR applies to dishwashers, which are cabinet-like appliances
which with the aid of water and detergent, wash, rinse, and dries (when
a drying process is included) dishware, glassware, eating utensils, and
most cooking utensils by chemical, mechanical and/or electrical means
and discharge to the plumbing drainage system. 10 CFR 430.2.
2. Reporting
Under the existing requirements in 10 CFR 429.19(b), a
certification report must include the following public product-specific
information: The estimated annual energy use in kilowatt hours per year
(kWh/yr) and the water consumption in gallons per cycle. 10 CFR
429.19(b)(2). In addition, a certification report must include the
following additional product-specific information: The capacity in
number of place settings as specified in ANSI/AHAM DW-1-2010; presence
of a soil sensor (if yes, the number of cycles required to reach
calibration); the water inlet temperature used for testing in degrees
Fahrenheit ([deg]F); the cycle selected for energy testing and whether
that cycle is soil-sensing; the options selected for the energy test;
and presence of a built-in water softening system (if yes, the energy
use in kilowatt-hours and the water use in gallons required for each
regeneration of the water softening system, the number of regeneration
cycles per year, and data and calculations used to derive these
values). 10 CFR 429.19(b)(3).
In conducting testing according to DOE's test procedure, section
2.10 of appendix C1 specifies using Cascade[supreg] with the Grease
Fighting Power of Dawn[supreg] powder as the detergent formulation, at
half the quantity specified according to section 4.1 of the industry
standard ANSI/Association of Home Appliance Manufacturers (``AHAM'')
DW-1-2010 (``ANSI/AHAM DW-1-2010''). During AHAM task group meetings in
2020 to establish an updated version of the industry standard, in which
DOE participated, AHAM informed DOE that Cascade[supreg] with the
Grease Fighting Power of Dawn[supreg] has been discontinued and has
been replaced with Cascade[supreg] Complete. AHAM has updated its
industry standard to specify the use of Cascade[supreg] Complete for
testing.\14\ Given that the currently specified detergent is no longer
available on the market, DOE expects that manufacturers may need to (or
have already had to) switch to the new detergent formulation to conduct
testing according to appendix C1.
---------------------------------------------------------------------------

\14\ See AHAM DW-1-2020 and AHAM DW-2-2020, available at
<a href="http://www.aham.org">www.aham.org</a>.
---------------------------------------------------------------------------

DOE seeks to ensure that any assessment or enforcement testing
conducted pursuant to 10 CFR 429.104 and 429.110, respectively, would
be performed using the same detergent used by the manufacturer for
certifying compliance with the applicable energy conservation standard.
Therefore, DOE is proposing to require manufacturers to indicate in the
certification report whether Cascade[supreg] Complete powder was used
as the detergent formulation in lieu of Cascade[supreg] with the Grease
Fighting Power of Dawn[supreg]. DOE proposes to add this requirement to
the list of additional product-specific information specified at 10 CFR
429.19(b)(3).
DOE also proposes to reorganize the requirements specified at 10
CFR 429.19(b)(3) as a numbered list for easier readability.
3. Reporting Costs and Impacts
In this NOPR, DOE proposes to add one additional reported value for
dishwashers tested using the new detergent formulation that replaces
the currently specified detergent formulation. DOE has tentatively
determined that the proposed amendment would not impose additional
costs for manufacturers because manufacturers of dishwashers are
already submitting certification reports to DOE and should have readily
available the information that DOE is proposing to collect as part of
this rulemaking (i.e., whether a dishwasher model was tested using
Cascade[supreg] Complete powder as the detergent formulation in lieu of
Cascade[supreg] with the Grease Fighting Power of Dawn[supreg]). DOE
does not believe the revised reporting requirements would cause any
measurable change in reporting burden or hours as compared to what

[[Page 43134]]

dishwasher manufacturers are currently doing today.
DOE requests comment on the proposed reporting requirement for
dishwashers, including any corresponding certification and reporting
costs.

G. Commercial Clothes Washers

1. Scope of Applicability
This NOPR applies to commercial clothes washers, which means a
soft-mounted front-loading or soft-mounted top-loading clothes washer
that: (1) Has a clothes container compartment that for horizontal-axis
clothes washers is not more than 3.5 cubic feet, and for vertical-axis
clothes washers is not more than 4.0 cubic feet; and (2) is designed
for use in applications in which the occupants of more than one
household will be using the clothes washer, such as multi-family
housing common areas and coin laundries; or other commercial
applications. 10 CFR 431.152; 42 U.S.C. 6311(21).
2. Reporting
Under the existing requirements in 10 CFR 429.46(b), a CCW
certification report must include the following public information: The
modified energy factor (MEF<INF>J2</INF>) in cu ft/kWh/cycle and the
integrated water factor (IWF) in gal/cu ft/cycle. 10 CFR
429.46(b)(2)(ii). DOE also maintains reporting requirements at 10 CFR
429.46(b)(2)(i) for models tested using Appendix J1, which as of
January 1, 2018 is no longer used as the basis for demonstrating
compliance with energy conservation standards.
In this NOPR, DOE proposes to remove the reporting requirements
currently specified at 10 CFR 429.46(b)(2)(i) for models tested using
appendix J1. As discussed, appendix J1 is used as the basis for
demonstrating compliance with energy conservation standards for CCWs
manufactured prior to January 1, 2018. DOE also proposes to update the
term ``water factor'' in 10 CFR 429.46(a)(2)(i) to ``integrated water
factor'' to match the current metric used as the basis for
standards.\15\
---------------------------------------------------------------------------

\15\ Prior to January 1, 2018, the water efficiency standard for
CCWs was defined using the Water Factor metric.
---------------------------------------------------------------------------

In addition, DOE proposes to amend the CCW certification reporting
requirements by adding to the list of reported values the clothes
container capacity (in cubic feet), the type of loading (top-loading or
front-loading), and the corrected RMC value (expressed as a
percentage), as discussed in the following sections. DOE also proposes
rounding instructions for each newly reported value.
a. Clothes Container Capacity
DOE's definition of ``commercial clothes washer'' at 10 CFR
431.152, which is consistent with the EPCA definition (see 42 U.S.C.
6311(21)), incorporates clothes container capacity, among other
characteristics. Specifically, equipment meeting the definition of CCW
has a clothes container compartment that for horizontal-axis clothes
washers is not more than 3.5 cubic feet, and for vertical-axis clothes
washers is not more than 4.0 cubic feet (among other criteria). 10 CFR
431.152. Clothes container capacity is also a key parameter in the
calculation of MEF<INF>J2</INF> and IWF, in that capacity is used to
represent the per-cycle energy and water use on per-cubic-foot of
capacity basis. To verify whether the information provided is
consistent with the certifier's statement of compliance with standards,
DOE is proposing to amend 10 CFR 429.46(b)(2) to add clothes container
capacity (in cubic feet) to the information required to be included in
the certification report.
DOE also proposes accompanying sampling provisions for determining
the reported values for capacity. Specifically, DOE proposes to add new
section 10 CFR 429.46(a)(3), which would specify that the reported
capacity of a basic model shall be the mean of the measured clothes
container capacity, C, of all tested units of the basic model. This new
section would parallel the existing requirement for RCWs in 10 CFR
429.20(a)(3).
b Axis of Loading
DOE has established equipment classes for CCWs defined by axis of
loading (i.e., top-loading and front-loading). Separate energy
conservation standards apply to each class. 10 CFR 431.156. As such,
the axis of loading is integral in determining the energy conservation
standard that applies to each basic model. DOE is proposing to amend 10
CFR 429.46(b)(2) to add the type of loading (top-loading or front-
loading) to the information required to be included in the
certification report.
c. Remaining Moisture Content
DOE specifies product-specific enforcement provisions for ``clothes
washers'', which includes both RCWs and CCWs. 10 CFR 429.134(c).
Specifically, 10 CFR 429.134(c)(1) specifies provisions for the
determination of remaining moisture content (``RMC''): \16\ The
procedure for determining RMC will be performed once in its entirety
for each unit tested. The measured RMC value of a tested unit will be
considered the tested unit's final RMC value if the measured RMC value
is within two RMC percentage points of the certified RMC value of the
basic model (expressed as a percentage) or is lower than the certified
RMC value. 10 CFR 429.134(c)(1)(i). If the measured RMC value of a
tested unit is more than two RMC percentage points higher than the
certified RMC value of the basic model, DOE will perform two additional
replications of the RMC measurement procedure, for a total of three
independent RMC measurements of the tested unit. The average of the
three RMC measurements will be the tested unit's final RMC value and
will be used as the basis for the calculation of per-cycle energy
consumption for removal of moisture from the test load for that unit.
10 CFR 429.134(c)(1)(ii).
---------------------------------------------------------------------------

\16\ The RMC measurement is used to determine the per-cycle
energy consumption for removal of moisture from the test load; i.e.,
the ``drying energy'' portion of the MEF<INF>J2</INF> calculation.
---------------------------------------------------------------------------

The application of this product-specific enforcement provision for
clothes washers requires a certified value of ``corrected'' RMC \17\
for each basic model. Therefore, DOE is proposing to amend 10 CFR
429.46(b)(2) to add the corrected RMC value (expressed as a percentage)
to the information required to be included in the certification report.
---------------------------------------------------------------------------

\17\ ``Corrected'' RMC refers to the final RMC value obtained in
appendix J2 after applying specified correction factors (based on
the lot of test cloth used for testing) to the ``uncorrected'' RMC
value.
---------------------------------------------------------------------------

DOE also proposes accompanying sampling provisions for determining
the reported values for corrected RMC. Specifically, DOE proposes to
add new section 10 CFR 429.46(a)(4), which would specify that the
reported value of corrected RMC of a basic model shall be the mean of
the final RMC value measured for all tested units of the basic model.
This new section would parallel the existing requirements for RCWs in
10 CFR 429.20(a)(4).
d. Rounding Instructions
DOE proposes to specify at new section 10 CFR 429.46(c) that
clothes container capacity must be rounded to the nearest 0.1 cubic
feet (``cu ft''), and that corrected RMC must be rounded to the nearest
0.1 percentage point. These rounding instructions would be consistent
with the existing rounding instructions for RCWs specified at 10 CFR
429.20(c).

[[Page 43135]]

3. Reporting Costs and Impacts
In this NOPR, DOE proposes to add three additional reported values
for CCWs (i.e., the clothes container capacity, the type of loading,
and the corrected RMC value). Currently, manufacturers report two
values, as described in the previous section.
DOE has tentatively determined that the proposed amendment would
not impose additional costs for manufacturers because manufacturers of
CCWs are already submitting certification reports to DOE and should
have readily available the information that DOE is proposing to collect
as part of this rulemaking. In particular, the clothes container
capacity and corrected RMC values are already measured as part of the
test procedure and are required for calculating the MEF<INF>J2</INF>
metric. DOE does not believe the revised reporting requirements would
cause any measurable change in reporting burden or hours as compared to
what CCW manufacturers are currently doing today.
DOE seeks comment on its proposal to change the reporting
requirements, specify rounding instructions, and specify sampling
provisions for certain reported values for CCWs, including any
corresponding certification and reporting costs.

H. Battery Chargers

1. Scope of Applicability
This NOPR applies to battery chargers, which means a device that
charges batteries for consumer products, including battery chargers
embedded in other consumer products. 10 CFR 430.2.
2. Reporting
Under the existing requirements in 10 CFR 429.39(b), a
certification report must include the following public product-specific
information for all battery chargers other than uninterruptable power
supplies: Nameplate battery voltage of the test battery in volts (V),
nameplate battery charge capacity of the test battery in ampere-hours
(Ah), nameplate battery energy capacity of the test battery in watt-
hours (Wh), maintenance mode power (P<INF>m</INF>), standby mode power
(P<INF>sb</INF>), off mode power (P<INF>off</INF>), battery discharge
energy (E<INF>batt</INF>), 24-hour energy consumption (E<INF>24</INF>),
duration of the charge and maintenance mode test (t<INF>cd</INF>), and
unit energy consumption (UEC). 10 CFR 429.39(b)(2).
In addition, a certification report must include the following
additional product-specific information for all battery chargers other
than uninterruptible power supplies: The manufacturer and model of the
test battery, and the manufacturer and model, when applicable, of the
external power supply. 10 CFR 429.39(b)(3).
Certification reports must also include the following product-
specific information for all uninterruptible power supplies: Supported
input dependency mode(s); active power in watts (W); apparent power in
volt-amperes (VA); rated input and output voltages in volts (V);
efficiencies at 25 percent, 50 percent, 75 percent and 100 percent of
the reference test load; and average load adjusted efficiency of the
lowest and highest input dependency modes. 10 CFR 429.39(b)(4).
DOE notes that 10 CFR 429.12(a) states that basic models of covered
products require annual filings on or before the dates provided in 10
CFR 429.12(d) but paragraph (d) does not specifically list an annual
filing date for battery chargers. In light of this omission, DOE
proposes to explicitly specify in 10 CFR 429.12(d) that battery
chargers be recertified annually on or before September 1.
3. Reporting Costs and Impacts
In this NOPR, DOE proposes no changes to the reported information
required for battery chargers. DOE only proposes to specify the annual
date by which manufacturers must submit annual certification filings to
DOE. DOE has tentatively determined that the proposed amendment would
not impose additional costs for manufacturers because manufacturers of
battery chargers are already submitting certification reports to DOE.
DOE does not believe the revised reporting requirements would cause any
measurable change in reporting burden or hours as compared to what
battery charger manufacturers are currently doing today.
DOE requests comment on the proposed annual filing date for battery
chargers and any corresponding certification and reporting costs.

I. Dedicated-Purpose Pool Pumps

1. Scope of Applicability
This NOPR applies to DPPPs, which comprises self-priming pool
filter pumps, non-self-priming pool filter pumps, waterfall pumps,
pressure cleaner booster pumps, integral sand-filter pool pumps,
integral-cartridge filter pool pumps, storable electric spa pumps, and
rigid electric spa pumps. 10 CFR 431.462. In the August 2017 Final
Rule, DOE adopted certification and reporting requirements for DPPPs.
82 FR 36858, 36908.
2. Reporting
Under the existing requirements in 10 CFR 429.59(b)(2)(iv) and
(b)(3)(iv), there are requirements for certification reports for DPPPs
subject to the test methods prescribed in Sec. 431.464(b). However, in
10 CFR 429.12, certification is only required for covered equipment
subject to an applicable energy conservation standard, and certain
DPPPs that are subject to the test method, specifically waterfall pumps
and polyphase self-priming pool filter pumps, are not subject to an
energy conservation standard. Therefore, in this NOPR, DOE proposes to
clarify the reporting requirements by removing the language in 10 CFR
429.59(b)(2)(iv) and (b)(3)(iv) that references the test method (as
well as a reference to waterfall pumps). In addition, DOE would amend
the same provisions to specify that they do not apply to integral
cartridge-filter and sand filter pool pumps. Rather, because those
pumps are subject to design requirements, they have separate reporting
requirements in 10 CFR 429.59(b)(2)(v).
3. Reporting Costs and Impacts
In this NOPR, DOE proposes to clarify the existing certification
requirements for DPPPs. Therefore, DOE has tentatively determined that
the proposed amendment would not impose additional costs or burden for
manufacturers.
DOE requests comment on its proposal to clarify the certification
requirement for certain models of DPPPs.

J. Draft Certification Templates for Review

To help interested parties better understand and review the
proposed amendments discussed in the earlier sections of this NOPR, DOE
has developed a draft document that includes example tables showing the
certification report template inputs as would be required in accordance
with the proposals in this NOPR, if finalized.\18\ (The draft reporting
template requirements will be made available in docket number EERE-
2012-BT-STD-0045, available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, upon
publication of this NOPR.) The draft tables also include the data entry
requirements for each field in the certification report input table.
---------------------------------------------------------------------------

\18\ The draft document does not include battery chargers or
DPPPs, as DOE is not proposing any amendments to the reporting
requirements for those products, as discussed in sections III.H and
III.I of this document.
---------------------------------------------------------------------------

The draft certification table headers are not reflective of the
final

[[Page 43136]]

certification regulations that may be adopted by a subsequent final
rule, nor do they represent the entirety of the information required in
a certification report. Upon completion of this rulemaking, DOE will
revise the reporting templates to reflect the final certification
regulations once DOE has received approval from the Office of
Management and Budget (OMB) to collect the revised information. The
specific templates that should be used for certifying compliance of
covered products and equipment to DOE are available for download at
<a href="https://www.regulations.doe.gov/ccms/templates">https://www.regulations.doe.gov/ccms/templates</a>.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 and 13563

OMB has determined that this rulemaking does not constitute a
``significant regulatory action'' under section 3(f) of Executive Order
12866, ``Regulatory Planning and Review,'' 58 FR 51735 (Oct. 4, 1993).
Accordingly, this action was not subject to review under the Executive
order by the Office of Information and Regulatory Affairs (``OIRA'') at
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 (``IRFA'')
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.
As required by Executive Order 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE
published procedures and policies on February 19, 2003, to ensure that
the potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's website: (<a href="https://energy.gov/gc/office-general-counsel">https://energy.gov/gc/office-general-counsel</a>).
DOE has tentatively concluded that the removal of outdated
reporting requirements and the addition of new reporting requirements
as proposed in this NOPR would not impose additional costs for
manufacturers of CFLKs, GSILs, and IRLs, ceiling fans, consumer
furnaces and boilers (except electric steam boilers), dishwashers,
CCWs, battery chargers, and DPPPs for the reasons discussed in section
III of this document. For these products and equipment, DOE has
tentatively determined that the proposed amendments would not impose
additional costs for manufacturers because manufacturers are already
submitting certification reports to DOE and should have readily
available the information that DOE is proposing to collect as part of
this rulemaking, and for DPPPs, the proposed amendments clarify the
existing reporting requirements. Consequently, for these types of
covered products and equipment, the changes proposed in this NOPR would
not be expected to have a significant economic impact on related
entities regardless of size.
However, for electric steam boilers, no certification is currently
required. This proposal would amend 10 CFR 429.18 to include a
requirement to certify the standby mode and off mode energy consumption
for electric steam boilers. This amendment aligns the certification
requirements with the existing energy conservation standard
requirements. 10 CFR 430.32(e)(1)(iii) and (e)(2)(iii)(B). For electric
steam boiler manufacturers that are not already certifying, there could
be additional paperwork costs. Likewise, for grid-enabled water
heaters, this proposal would add reporting requirements to align with
the requirements of EPCA. EPCA, as amended, requires manufacturers to
report the quantity of grid-enabled water heaters that the manufacturer
ships each year and requires DOE to keep the shipment data reported by
manufacturers as confidential business information. (42 U.S.C.
6295(e)(6)(C)(i)-(iii)) Therefore, grid-enabled water heater
manufacturers would incur additional paperwork costs.
The Small Business Administration (``SBA'') considers a business
entity to be a small business, if, together with its affiliates, it
employs less than a threshold number of workers specified in 13 CFR
part 121. The size standards and codes are established by the 2017
North American Industry Classification System (``NAICS'').
Electric steam boiler manufacturers are classified under NAICS code
333414, ``Heating Equipment (except Warm Air Furnaces) Manufacturing.''
The SBA sets a threshold of 500 employees or fewer for an entity to be
considered as a small business in this category. DOE used available
public information to identify potential small manufacturers. DOE
accessed the Compliance Certification Database \19\ and reviewed
manufacturer literature to create a list of companies that import or
otherwise manufacture the electric steam boilers covered by this
proposal. Using these sources, DOE identified four manufacturers of
electric steam boilers. All four manufacturers are small businesses.
DOE estimates that the increased certification burden would result in
35 hours per manufacturer to develop the required certification
reports. Therefore, based on a fully burdened labor rate of $100 per
hour, the estimated total annual cost to manufacturers would be $3,500
per manufacturer.\20\ Using available public information, DOE estimated
the annual revenue for all four small businesses that manufacture
electric steam boilers. The small business with the least annual
revenue has an annual revenue of approximately $5.4 million. Therefore,
this additional certification cost of $3,500 per manufacturer
represents significantly less than 1 percent of each identified
manufacturer's annual revenue.
---------------------------------------------------------------------------

\19\ U.S. Department of Energy Compliance Certification
Management System (Available at: <a href="https://www.regulations.doe.gov/ccms">https://www.regulations.doe.gov/ccms</a>).
\20\ The estimates of 35 hours per response and $100 per hour
fully burdened labor rate are based on the collection of information
estimates for consumer products and commercial/industrial equipment
subject to energy or water conservation standards. See 82 FR 57240
(Dec. 4, 2017).
---------------------------------------------------------------------------

Grid-enabled water heater manufacturers are classified under NAICS
code 335220, ``Major Household Appliance Manufacturing.'' The SBA sets
a threshold of 1,500 employees or fewer for an entity to be considered
as a small business in this category. DOE used available public
information to identify potential small manufacturers. DOE accessed the
Compliance Certification Database \21\ and the certified product
directory of the Air Conditioning, Heating and Refrigeration Institute
\22\ (``AHRI''), and the Department also reviewed manufacturer
literature. These actions allowed DOE to create a list of companies
that import or otherwise manufacture the grid-enabled water heaters.
Using these sources, DOE identified five manufacturers of grid-enabled
water heaters. The five manufacturers exceed the SBA threshold to be
considered a small business. Thus, DOE did not identify any small
business manufacturers of grid-enabled water heaters.
---------------------------------------------------------------------------

\21\ U.S. Department of Energy Compliance Certification
Management System (Available at: <a href="https://www.regulations.doe.gov/ccms">https://www.regulations.doe.gov/ccms</a>).
\22\ AHRI Directory of Certified Product Performance (Available
at: <a href="https://www.ahridirectory.org/Search/SearchHome">https://www.ahridirectory.org/Search/SearchHome</a>).
---------------------------------------------------------------------------

DOE reviewed this proposed rule under the provisions of the
Regulatory Flexibility Act and the policies and procedures published on
February 19, 2003. On the basis of the foregoing, DOE

[[Page 43137]]

initially concludes that the impacts of the amendments to DOE's
certification regulations proposed in this NOPR would not have a
``significant economic impact on a substantial number of small
entities.'' Accordingly, DOE has not prepared an IRFA for this NOPR.
DOE will transmit this certification of no significant impact on a
substantial number of small entities and supporting statement of
factual basis to the Chief Counsel for Advocacy of the Small Business
Administration for review under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

Manufacturers of CFLKs, GSILs, IRLs, ceiling fans, consumer
furnaces and boilers (except for electric steam boilers), consumer
water heaters, dishwashers, CCWs, battery chargers, and DPPPs must
certify to DOE that their products or equipment comply with any
applicable energy conservation standards. To certify compliance,
manufacturers must first obtain test data for their products or
equipment according to the DOE test procedures, including any
amendments adopted for those test procedures. DOE's current reporting
requirements are approved under OMB Control Number 1910-1400.
1. Description of the Requirements
DOE is proposing to amend the reporting requirements for CFLKs,
GSILs, IRLs, ceiling fans, consumer furnaces and boilers, consumer
water heaters, dishwashers, CCWs, battery chargers, and DPPPs. DOE will
send a revised information collection approval to OMB under the
existing Control Number 1910-1400. The revisions will just reflect the
changes proposed in this rulemaking as an amendment to the existing
information collection.
2. Method of Collection
DOE is proposing that respondents must submit electronic forms
using DOE's online Compliance Certification Management System
(``CCMS''). DOE's CCMS is publicly accessible at <a href="https://www.regulations.doe.gov/ccms/">https://www.regulations.doe.gov/ccms/</a>, and includes instructions for users,
registration forms, and the product-specific reporting templates
required for use when submitting information to CCMS.
3. Data
The following are DOE estimates of the total annual reporting and
recordkeeping burden imposed on manufacturers of CFLKs, GSILs, IRLs,
ceiling fans, consumer furnaces and boilers, consumer water heaters,
dishwashers, CCWs, battery chargers, and DPPPs subject to the amended
certification reporting requirements proposed in this proposed rule.
These estimates take into account the time necessary to develop any
additional testing documentation, maintain any additional documentation
supporting the development of the certified rating for each basic
model, complete any additional certification, and submit any additional
required documents to DOE electronically.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers of CFLKs, GSILs, IRLs,
ceiling fans, dishwashers, CCWs, battery chargers, most consumer
furnaces and boilers, and most consumer water heaters, because
manufacturers of these products or equipment are already submitting
certification reports to DOE and should have readily available the
information that DOE is proposing to collect as part of this
rulemaking. DOE has also tentatively determined that these proposed
amendments would not impose additional costs for manufacturers of DPPPs
because the proposals only clarify the existing certification
requirements.
DOE's proposed amendments for the reporting requirements for
electric steam boilers would require new certification reporting for
electric steam boilers manufacturers and importers. DOE estimates there
are four manufacturers of electric steam boilers that would have to
submit annual certification reports to DOE for those products based on
the proposed reporting requirements. The following section estimates
the burden for these four electric steam boiler manufacturers.
OMB Control Number: 1910-1400.
Form Number: DOE F 220.7.
Type of Review: Regular submission.
Affected Public: Domestic manufacturers and importers of electric
steam boilers covered by this rulemaking.
Estimated Number of Respondents: 4.
Estimated Time per Response: Certification reports, 35 hours.
Estimated Total Annual Burden Hours: 140.
Estimated Total Annual Cost to the Manufacturers: $14,000 in
recordkeeping/reporting costs.
For grid-enabled consumer water heaters, DOE is proposing to add
reporting requirements to 10 CFR 429.17 that would require
manufacturers and importers to report the total number of grid-enabled
water heaters shipped each year in accordance with the requirement in
EPCA. The following are DOE estimates of the total annual reporting and
recordkeeping burden imposed on manufacturers of grid-enabled consumer
water heaters subject to the proposed reporting provisions in this
NOPR. These estimates take into account the time necessary to develop
testing documentation, maintain all the documentation supporting the
development of the certified rating for each basic model, complete the
certification, and submit all required documents to DOE electronically.
OMB Control Number: 1910-1400.
Form Number: DOE F 220.92.
Type of Review: Regular submission.
Affected Public: Manufacturers and importers of grid-enabled
consumer water heaters covered by this rulemaking.
Estimated Number of Respondents: 5.
Estimated Time per Response: Certification reports, 35 hours.
Estimated Total Annual Burden Hours: 175.
Estimated Total Annual Cost to the Manufacturers: $17,500 in
recordkeeping/reporting costs.
4. Conclusion
DOE has tentatively concluded that the removal of outdated
reporting requirements and the addition of reporting requirements as
proposed in this NOPR would not impose additional costs for CFLK, GSIL,
IRL, CF, dishwasher, CCW, battery charger, DPPP, most consumer water
heater, and most consumer furnace and boiler manufacturers (see
sections III.A.3, III.B.3, III.C.3, III.D.3, III.E, III.F.3,III.G.3,
and III.H.3 of this document for a more complete discussion).
Furthermore, DOE has tentatively concluded that there are four electric
steam boiler manufacturers and five consumer water heater manufacturers
that would have to submit new annual certification reports to DOE for
those products. For all other manufacturers of covered products or
equipment described in this NOPR, the public reporting burden for
certification remains unchanged.
Public comment is sought regarding: (1) Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; (2) the accuracy of the burden estimate; (3)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (4) ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Send comments on
these or any other aspects of the collection of information to the
email address listed in the ADDRESSES section

[[Page 43138]]

and to the OMB Desk Officer by email to <a href="/cdn-cgi/l/email-protection#64370b020d014a214a290d08080116240b09064a010b144a030b12"><span class="__cf_email__" data-cfemail="edbe828b8488c3a8c3a0848181889fad82808fc388829dc38a829b">[email&#160;protected]</span></a>.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (PRA), unless that
collection of information displays a currently valid OMB Control
Number.

D. Review Under the National Environmental Policy Act of 1969

DOE is analyzing this proposed regulation in accordance with the
National Environmental Policy Act of 1969 (``NEPA'') and DOE's NEPA
implementing regulations (10 CFR part 1021). DOE's regulations include
a categorical exclusion for rulemakings interpreting or amending an
existing rule or regulation that does not change the environmental
effect of the rule or regulation being amended. 10 CFR part 1021,
subpart D, appendix A5. DOE anticipates that this rulemaking qualifies
for categorical exclusion A5 because it is a rulemaking that does not
change the environmental effect of the current rule and otherwise meets
the requirements for application of a categorical exclusion. See 10 CFR
1021.410. DOE will complete its NEPA review before issuing the final
rule.

E. Review Under Executive Order 13132

Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 10,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. The Executive order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. 65 FR 13735. DOE has examined this
proposed rule and has tentatively determined that it would not have a
substantial direct effect on the States, on the relationship between
the National Government and the States, or on the distribution of power
and responsibilities among the various levels of government. EPCA
governs and prescribes Federal preemption of State regulations as to
energy conservation for the products and equipment that are the subject
of this proposed rule. States can petition DOE for exemption from such
preemption to the extent, and based on criteria, set forth in EPCA. (42
U.S.C. 6297; 42 U.S.C. 6316(a) and (b)(2)(D)) Therefore, no further
action is required by Executive Order 13132.

F. Review Under Executive Order 12988

Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
Eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard, and (4) promote simplification
and burden reduction. Regarding the review required by section 3(a),
section 3(b) of Executive Order 12988 specifically requires that
executive agencies make every reasonable effort to ensure that the
regulation: (1) Clearly specifies the preemptive effect, if any; (2)
clearly specifies any effect on existing Federal law or regulation; (3)
provides a clear legal standard for affected conduct while promoting
simplification and burden reduction; (4) specifies the retroactive
effect, if any; (5) adequately defines key terms, and (6) addresses
other important issues affecting clarity and general draftsmanship
under any guidelines issued by the Attorney General. Section 3(c) of
Executive Order 12988 requires executive agencies to review regulations
in light of applicable standards in sections 3(a) and 3(b) to determine
whether they are met, or whether 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. Review Under the Unfunded Mandates Reform Act of 1995

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

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

Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This 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 not necessary to prepare a Family Policymaking
Assessment.

I. Review Under Executive Order 12630

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

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

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

[[Page 43139]]

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

K. Review Under Executive Order 13211

Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OIRA
at OMB, a Statement of Energy Effects for any proposed significant
energy action. A ``significant energy action'' is defined as any action
by an agency that promulgates or is expected to lead to promulgation of
a final rule, and that: (1) Is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any 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 of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
This proposed regulatory action to amend the certification
provisions for CFLKs, GSILs, IRLs, ceiling fans, consumer furnaces and
boilers, consumer water heaters, dishwashers, CCWs, battery chargers,
and DPPPs is not a significant regulatory action under Executive Order
12866. Moreover, it would not have a significant adverse effect on the
supply, distribution, or use of energy, nor has it been designated as a
significant energy action by the Administrator of OIRA. Therefore, it
is not a significant energy action, and, accordingly, DOE has not
prepared a Statement of Energy Effects.

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

Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788;
``FEAA'') Section 32 essentially provides in relevant part that, where
a proposed rule authorizes or requires use of commercial standards, the
notice of proposed rulemaking must inform the public of the use and
background of such standards. In addition, section 32(c) requires DOE
to consult with the Attorney General and the Chairman of the Federal
Trade Commission (``FTC'') concerning the impact of the commercial or
industry standards on competition.
The proposed modifications to the certification reporting
requirements for CFLKs, GSILs, IRLs, ceiling fans, consumer furnaces
and boilers, consumer water heaters, dishwashers, CCWs, battery
chargers, and DPPPs do not incorporate testing methods contained in any
commercial standards.

M. Materials Incorporated by Reference

The Director of the Federal Register previously approved the
following standards from the Association of Home Appliance
Manufacturers (``AHAM'') and the American National Standards Institute
(ANSI) for incorporation by reference into Sec. Sec. 429.19 and
429.59: ANSI/AHAM DW-1-2010, ``Household Electric Dishwashers'', and
NSF International (NSF)/ANSI 50-2015, ``Equipment For Swimming Pools,
Spas, Hot Tubs and Other Recreational Water Facilities,'' Annex C--
``Test methods for the evaluation of centrifugal pumps,'' Section C.3,
``self-priming capability.''

V. Public Participation

A. Submission of Comments

DOE will accept comments, data, and information regarding this
proposed rule no later than the date provided in the DATES section at
the beginning of this proposed rule. Interested parties may submit
comments, data, and other information using any of the methods
described in the ADDRESSES section at the beginning of this document.
Submitting comments via <a href="https://www.regulations.gov">https://www.regulations.gov</a>. The <a href="https://www.regulations.gov">https://www.regulations.gov</a> web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment itself or in any documents attached to your
comment. Any information that you do not want to be publicly viewable
should not be included in your comment, nor in any document attached to
your comment. If these directions are followed, persons viewing
comments will see only first and last names, organization names,
correspondence containing comments, and any documents submitted with
the comments.
Do not submit to <a href="https://www.regulations.gov">https://www.regulations.gov</a> information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through <a href="https://www.regulations.gov">https://www.regulations.gov</a> cannot be claimed as CBI. Comments
received through the website will waive any CBI claims for the
information submitted. For information on submitting CBI, see the
Confidential Business Information section.
DOE processes submissions made through <a href="https://www.regulations.gov">https://www.regulations.gov</a>
before posting. Normally, comments will be posted within a few days of
being submitted. However, if large volumes of comments are being
processed simultaneously, your comment may not be viewable for up to
several weeks. Please keep the comment tracking number that <a href="https://www.regulations.gov">https://www.regulations.gov</a> provides after you have successfully uploaded your
comment.
Submitting comments via email. Comments and documents submitted via
email also will be posted to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. If you do not
want your personal contact information to be publicly viewable, do not
include it in your comment or any accompanying documents. Instead,
provide your contact information in a cover letter. Include your first
and last names, email address, telephone number, and optional mailing
address. With this instruction followed, the cover letter will not be
publicly viewable as long as it does not include any comments.

[[Page 43140]]

Include contact information each time you submit comments, data,
documents, and other information to DOE. No telefacsimiles (faxes) will
be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English, and free of any defects or
viruses. Documents should not contain special characters or any form of
encryption, and, if possible, they should carry the electronic
signature of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. Pursuant 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 via
email two well-marked copies: One copy of the document marked
``confidential'' including all the information believed to be
confidential, and one copy of the document marked ``non-confidential''
with the information believed to be confidential deleted. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).

B. Issues on Which DOE Seeks Comment

Although DOE welcomes comments on any aspect of this proposal, DOE
is particularly interested in receiving comments and views of
interested parties concerning the following issues:
(1) DOE seeks comment on whether CFLKs are still being distributed
in commerce and manufactured prior to January 21, 2020, and, therefore,
DOE should retain compliance requirements for these standards.
(2) DOE seeks comments on requiring the reporting of lumen output
and efficacy to certify compliance to January 21, 2020 standards.
(3) DOE seeks comment on reporting lumen maintenance at 1,000 hours
and at 40 percent of lifetime, lifetime, and the rapid cycle stress
test results for medium screw base CFLs in CFLKs. DOE seeks comment on
allowing estimates for lumen maintenance at 40 percent of lifetime,
lifetime, and the rapid cycle stress test result.
(4) DOE seeks comment on requiring a declaration that pin-based
fluorescent lamps in CFLKs have an electronic ballast. DOE also seeks
comment on requiring a declaration that CFLKs are packaged with lamps
sufficient to fill all sockets.
(5) DOE seeks comment on the other proposed amendments to the CFLK
reporting requirements.
(6) DOE requests comment on the certification reporting costs of
the amendments proposed for CFLKs.
(7) DOE seeks comments on requiring the reporting of CRI to certify
compliance with existing energy conservation standard requirements for
IRLs. DOE also seeks comment on requiring the reporting of lamp
diameter and rated voltage to help determine the applicable energy
conservation standard for IRLs.
(8) DOE seeks comment on requiring the reporting of initial lumen
output to help determine the applicable energy conservation standard
for GSILs.
(9) DOE requests comment on the certification and reporting costs
of the amendments proposed for IRLs and GSILs and whether it will
result in an increase in reporting burden.
(10) DOE seeks comment on the proposed updated reporting
requirements for small-diameter ceiling fans and LDCFs.
(11) DOE seeks comment on the certification and reporting costs of
the amendments proposed for ceiling fans.
(12) DOE seeks comment on its proposed changes to the reporting
requirements for consumer furnaces and boilers, including any cost
impacts.
(13) DOE seeks comment on its proposal to add new reporting
requirements for the number of shipments of grid-enabled consumer water
heaters, and on its proposal that this information be reported
separately from the information that is currently required to be
reported under 10 CFR 429.17(b).
(14) DOE requests comment on the proposed reporting requirement for
dishwashers, including any corresponding certification and reporting
costs.
(15) DOE seeks comment on its proposal to change the reporting
requirements, specify rounding instructions, and specify sampling
provisions for certain reported values for CCWs, including any
corresponding certification and reporting costs.
(16) DOE requests comment on the proposed annual filing date for
battery chargers and any corresponding certification and reporting
costs.
(17) DOE requests comment on its proposal to clarify the
certification requirement for certain models of DPPPs.

VI. Approval of the Office of the Secretary

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

List of Subjects in 10 CFR Part 429

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

Signing Authority

This document of the Department of Energy was signed on July 17,
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary
and Acting Assistant Secretary for Energy Efficiency and Renewable
Energy, pursuant to delegated authority from the Secretary of Energy.
That document with the original signature and date is maintained by
DOE. For administrative purposes only, and in compliance with
requirements of the Office of the Federal Register, the undersigned DOE
Federal Register Liaison Officer has been authorized to sign and submit
the document in electronic format for publication, as an official
document of the Department of Energy. This administrative process in no
way alters the legal effect of this document upon publication in the
Federal Register.

Signed in Washington, DC, on July 19, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

For the reasons stated in the preamble, DOE proposes to amend part
429 of title 10 of the Code of Federal Regulations as set forth below:

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

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

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

0
2. Section 429.12 is amended by revising paragraph (d) to read as
follows:

[[Page 43141]]

Sec. 429.12 General requirements applicable to certification
reports.

* * * * *
(d) Annual filing. All data required by paragraphs (a) through (c)
of this section shall be submitted to DOE annually, on or before the
following dates:

Table 1 to Paragraph (d)
------------------------------------------------------------------------
Product category Deadline for data submission
------------------------------------------------------------------------
(1) Portable air conditioners........... February 1.
(2) Fluorescent lamp ballasts; Compact March 1.
fluorescent lamps; General service
fluorescent lamps, general service
incandescent lamps, and incandescent
reflector lamps; Candelabra base
incandescent lamps and intermediate
base incandescent lamps; Ceiling fans;
Ceiling fan light kits; Showerheads;
Faucets; Water closets; and Urinals.
(3) Water heaters; Consumer furnaces; May 1.
Pool heaters; Commercial water heating
equipment; Commercial packaged boilers;
Commercial warm air furnaces;
Commercial unit heaters; and Furnace
fans.
(4) Dishwashers; Commercial pre-rinse June 1.
spray valves; Illuminated exit signs;
Traffic signal modules and pedestrian
modules; and Distribution transformers.
(5) Room air conditioners; Central air July 1.
conditioners and central air
conditioning heat pumps; and Commercial
heating, ventilating, air conditioning
(HVAC) equipment.
(6) Consumer refrigerators, refrigerator- August 1.
freezers, and freezers; Commercial
refrigerators, freezers, and
refrigerator-freezers; Automatic
commercial ice makers; Refrigerated
bottled or canned beverage vending
machines; Walk-in coolers and walk-in
freezers; and Consumer miscellaneous
refrigeration products.
(7) Torchieres; Dehumidifiers; Metal September 1.
halide lamp ballasts and fixtures;
External power supplies; Pumps; and
Battery chargers.
(8) Residential clothes washers; October 1.
Residential clothes dryers; Direct
heating equipment; Cooking products;
and Commercial clothes washers.
------------------------------------------------------------------------

* * * * *
0
3. Section 429.17 is amended by adding paragraph (c) to read as
follows:

Sec. 429.17 Water heaters.

* * * * *
(c) Reporting of annual shipments for grid-enabled water heaters.
Pursuant to 42 U.S.C. 6295(e)(6)(C)(i), manufacturers of grid-enabled
water heaters must report the total number of grid-enabled water heater
units shipped for sale in the U.S. by the manufacturer for the previous
calendar year (i.e., January 1st through December 31st), as well as the
calendar year that the shipments cover, starting on or before May 1,
2022 and annually on or before May 1 each year thereafter. This
information shall be reported separately from the certification report
required under paragraph (b)(2) of this section and must be submitted
to DOE in accordance with the submission procedures set forth in Sec.
429.12(h). DOE will consider the annual reported shipments to be
confidential business information without the need for the manufacturer
to request confidential treatment of the information pursuant to Sec.
429.7(c).
0
4. Section 429.18 is amended by revising the section heading and
paragraphs (a)(2)(vii) and (b)(2) and (3) to read as follows:

Sec. 429.18 Consumer furnaces.

(a) * * *
(2) * * *
(vii) The represented value of annual fuel utilization efficiency
must be rounded to the nearest one-tenth of a percentage point. The
represented values of standby mode power and off mode power must be
rounded to the nearest one-tenth of a watt.
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following public product-specific information:
(i) Consumer furnaces and boilers: The annual fuel utilization
efficiency (AFUE) in percent (%) and the input capacity in British
thermal units per hour (Btu/h).
(ii) For gas-fired hot water and gas-fired steam boilers: The type
of ignition system.
(iii) For non-weatherized oil-fired furnaces (including mobile home
furnaces), electric furnaces, and boilers: The standby mode power
consumption (P<INF>W,SB</INF>) and off mode power consumption
(P<INF>W,OFF</INF>) in watts.
(3) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following additional product-specific information:
(i) For cast-iron sectional boilers: A declaration of whether
certification is based on linear interpolation or testing.
(ii) For hot water boilers and gas-fired steam boilers: A
declaration that the manufacturer has incorporated the applicable
design requirements.
* * * * *
0
5. Section 429.19 is amended by revising paragraph (b)(3) to read as
follows:

Sec. 429.19 Dishwashers.

* * * * *
(b) * * *
(3) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following additional product-specific information--
(i) The capacity in number of place settings as specified in ANSI/
AHAM DW-1-2010 (incorporated by reference, see Sec. 429.4);
(ii) Presence of a soil sensor (if yes, the number of cycles
required to reach calibration);
(iii) The water inlet temperature used for testing in degrees
Fahrenheit ([deg]F);
(iv) The cycle selected for energy testing and whether that cycle
is soil-sensing;
(v) The options selected for the energy test;
(vi) Presence of a built-in water softening system (if yes, the
energy use in kilowatt-hours and the water use in gallons required for
each regeneration of the water softening system, the number of
regeneration cycles per year, and data and calculations used to derive
these values); and
(vii) Indication of whether Cascade[supreg] Complete powder was
used as the detergent formulation in lieu of Cascade[supreg] with the
Grease Fighting Power of Dawn[supreg] powder.
0
6. Section 429.27 is amended by revising paragraphs (b)(2)(ii) and
(iii) to read as follows:

Sec. 429.27 General service fluorescent lamps, general service
incandescent lamps, and incandescent reflector lamps.

* * * * *
(b) * * *
(2) * * *
(ii) Incandescent reflector lamps: The testing laboratory's
International Laboratory Accreditation Cooperation (ILAC) accreditation
body's

[[Page 43142]]

identification number or other approved identification assigned by the
ILAC accreditation body, production dates of the units tested, the 12-
month average lamp efficacy in lumens per watt (lm/W), lamp wattage
(W), rated voltage (V), diameter in inches, and CRI.
(iii) General service incandescent lamps: The testing laboratory's
ILAC accreditation body's identification number or other approved
identification assigned by the ILAC accreditation body, production
dates of the units tested, the 12-month average maximum rate wattage in
watts (W), the 12-month average minimum rated lifetime (hours), and the
12-month average CRI, and initial lumen output in lumens (lm).
* * * * *
0
7. Section 429.32 is amended by:
0
a. Revising paragraph (b); and
0
b. Adding paragraph (c).
The revision and addition read as follows:

Sec. 429.32 Ceiling fans.

* * * * *
(b) Certification reports. (1) The requirements of Sec. 429.12 are
applicable to ceiling fans; and
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following public product-specific information:
(i) For all ceiling fans: Blade span (in), the number of speeds
within the ceiling fan controls, and a declaration that the
manufacturer has incorporated the applicable design requirements.
(ii) For small-diameter ceiling fans: A declaration whether the
ceiling fan is a multi-head ceiling fan, and the ceiling fan efficiency
(cubic feet per minute per watt (CFM/W)).
(iii) For large-diameter ceiling fans: Ceiling fan energy index
(CFEI) for high speed and 40 percent speed or the nearest speed that is
not less than 40 percent speed.
(3) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following additional product-specific information:
(i) For small-diameter ceiling fans: Standby power, blade edge
thickness (in), airflow (CFM) at high speed, and blade revolutions per
minute (RPM) at high speed.
(ii) For low-speed small-diameter ceiling fans: The distance (in)
between the ceiling and the lowest point on the fan blades (in both
hugger and standard configurations for multi-mount fans).
(c) Rounding requirements. Any represented value of ceiling fan
efficiency, as described in paragraph (a)(2)(i) of this section must be
expressed in cubic feet per minute per watt (CFM/W) and rounded to the
nearest whole number. Any represented value of ceiling fan energy
index, as described in paragraph (a)(2)(i) of this section must be
expressed in CFEI and rounded to the nearest hundredth of a CFEI.
0
8. Section 429.33 is amended by revising paragraphs (b) and (c) to read
as follows:

Sec. 429.33 Ceiling fan light kits.

* * * * *
(b) Certification reports. (1) The requirements of Sec. 429.12 are
applicable to ceiling fan light kits (CFLKs); and
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following product-specific information:
(i) A declaration that the CFLK is packaged with lamps sufficient
to fill all of the lamp sockets;
(ii) For each basic model of lamp and/or each basic model of
integrated solid state lighting (SSL) circuitry packaged with the
ceiling fan light kit, the brand, basic model number, test sample size,
kind of lamp (i.e., general service fluorescent lamp [GSFL];
fluorescent lamp with a pin base that is not a GSFL; compact
fluorescent lamp [CFL] with a medium screw base; CFL with a base that
is not medium screw base [e.g., candelabra base]; other fluorescent
lamp [not GSFL or CFL]; general service incandescent lamp [GSIL];
candelabra base incandescent lamp; intermediate base incandescent lamp;
incandescent reflector lamp; other incandescent lamp [not GSIL, IRL,
candelabra base or intermediate base incandescent lamp], integrated LED
lamp; integrated SSL circuitry; other SSL products [not integrated LED
lamp]; other lamp not mentioned), lumen output in lumens, efficacy in
lumens per watt (lm/W), and a declaration that, where applicable, the
lamp basic model was tested by a laboratory accredited as required
under Sec. 430.25;
(iii) For each lamp basic model identified in paragraph (b)(2)(ii)
of this section that is a compact fluorescent lamp with a medium screw
base, the lumen maintenance at 40 percent of lifetime in percent (%)
(and whether value is estimated), the lumen maintenance at 1,000 hours
in percent (%), the lifetime in hours (h) (and whether value is
estimated), and the sample size for rapid cycle stress testing and
results in number of units passed (and whether the value is estimated).
Estimates of lifetime, lumen maintenance at 40 percent of lifetime, and
rapid cycle stress test surviving units may be reported until testing
is complete. Manufacturers are required to maintain records in
accordance with Sec. 429.71 of the development of all estimated values
and any associated initial test data; and
(iv) For ceiling fan light kits with pin-based sockets for
fluorescent lamps, a declaration that each ballast for such lamps is an
electronic ballast.
(c) Rounding requirements. (1) Any represented value of efficacy of
CFLKs as described in paragraph (a) of this section must be expressed
in lumens per watt and rounded to the nearest tenth of a lumen per
watt.
(2) Round lumen output to three significant digits.
(3) Round lumen maintenance at 1,000 hours to the nearest tenth of
a percent.
(4) Round lumen maintenance at 40 percent of lifetime to the
nearest tenth of a percent.
(5) Round lifetime to the nearest whole hour.
0
9. Section 429.46 is amended by:
0
a. Revising paragraph (a)(2)(i) introductory text;
0
b. Adding paragraphs (a)(3) and (4);
0
c. Revising paragraph (b)(2); and
0
d. Adding paragraph (c).
The revisions and additions read as follows:

Sec. 429.46 Commercial clothes washers.

(a) * * *
(2) * * *
(i) Any represented value of the integrated water factor or other
measure of energy or water consumption of a basic model for which
consumers would favor lower values shall be greater than or equal to
the higher of:
* * * * *
(3) The clothes container capacity of a basic model reported in
accordance with paragraph (b)(2) of this section shall be the mean of
the measured clothes container capacity, C, of all tested units of the
basic model.
(4) The corrected remaining moisture content (RMC) of a basic model
reported in accordance with paragraph (b)(2) of this section shall be
the mean of the final RMC value measured for all tested units of the
basic model.
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following public product-specific information:
(i) The modified energy factor (MEF<INF>J2</INF>), in cubic feet
per kilowatt-hour per cycle (cu ft/kWh/cycle);
(ii) The integrated water factor (IWF), in gallons per cycle per
cubic feet (gal/cycle/cu ft);
(iii) The clothes container capacity, in cubic feet (cu ft);
(iv) The type of loading (top-loading or front-loading); and
(v) The corrected RMC (expressed as a percentage).

[[Page 43143]]

(c) Reported values. Values reported pursuant to this section must
be rounded as follows: Clothes container capacity to the nearest 0.1 cu
ft, and corrected RMC to the nearest 0.1 percentage point.
0
10. Section 429.59 is amended by revising paragraphs (b)(2)(iv) and
(b)(3)(iv) to read as follows:

Sec. 429.59 Pumps.

* * * * *
(b) * * *
(2) * * *
(iv) For a dedicated-purpose pool pump (other than an integral
cartridge-filter or sand-filter pool pump): Weighted energy factor
(WEF) in kilogallons per kilowatt-hour (kgal/kWh); rated hydraulic
horsepower in horsepower (hp); the speed configuration for which the
pump is being rated (i.e., single-speed, two-speed, multi-speed, or
variable-speed); true power factor at all applicable test procedure
load points i (dimensionless), as specified in Table 1 of appendix B or
C to subpart Y of part 431 of this chapter, as applicable; dedicated-
purpose pool pump nominal motor horsepower in horsepower (hp);
dedicated-purpose pool pump motor total horsepower in horsepower (hp);
dedicated-purpose pool pump service factor (dimensionless); for self-
priming pool filter pumps and non-self-priming pool filter pumps: The
maximum head (in feet) which is based on the mean of the units in the
tested sample; a statement regarding whether freeze protection is
shipped enabled or disabled; for dedicated-purpose pool pumps
distributed in commerce with freeze protection controls enabled: The
default dry-bulb air temperature setting (in [deg]F), default run time
setting (in minutes), and default motor speed (in rpm); for self-
priming pool filter pumps a statement regarding whether the pump is
certified with NSF/ANSI 50-2015 (incorporated by reference, see Sec.
429.4) as self-priming; and, for self-priming pool filter pumps that
are not certified with NSF/ANSI 50-2015 as self-priming: The vertical
lift (in feet) and true priming time (in minutes) for the dedicated-
purpose pool pump (DPPP) model.
* * * * *
(3) * * *
(iv) For a dedicated-purpose pool pump (other than an integral
cartridge-filter or sand-filter pool pump): Calculated driver power
input and flow rate at each load point i (P<INF>i</INF> and
Q<INF>i</INF>), in horsepower (hp) and gallons per minute (gpm),
respectively.
* * * * *
0
11. Section 429.70 is amended by adding paragraph (i) to read as
follows:

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

* * * * *
(i) Alternative determination of standby mode and off mode power
consumption for untested basic models of consumer furnaces and consumer
boilers. For models of consumer furnaces or consumer boilers that have
identical standby mode and off mode power consuming components, ratings
for untested basic models may be established in accordance with the
following procedures in lieu of testing. This method allows only for
the use of ratings identical to those of a tested basic model as
provided below; simulations or other modeling predictions for ratings
for standby mode power consumption and off mode power consumption are
not permitted.
(1) Consumer furnaces. Rate the standby mode and off mode power
consumption of an untested basic model of a consumer furnace using the
standby mode and off mode power consumption obtained from a tested
basic model as a basis for ratings if all aspects of the electrical
components, controls, and design that impact the standby mode power
consumption or off mode power consumption are identical.
(2) Consumer boilers. Rate the standby mode and off mode power
consumption of an untested basic model of a consumer boiler using the
standby mode and off mode power consumption obtained from a tested
basic model as a basis for ratings if all aspects of the electrical
components, controls, and design that impact the standby mode power
consumption or off mode power consumption are identical.

[FR Doc. 2021-15579 Filed 8-5-21; 8:45 am]
BILLING CODE 6450-01-P

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