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Rule2022-15474

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, and Commercial Clothes Washers, Battery Chargers, and Dedicated-Purpose Pool Pumps

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Published

July 22, 2022

Effective

August 22, 2022

Issuing agencies

Energy Department

Abstract

The U.S. Department of Energy ("DOE" or the "Department") is publishing a final rule to amend the certification provisions 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. DOE is amending the certification and reporting provisions for these products and equipment to ensure reporting is consistent with currently applicable energy conservation standards and to ensure that DOE has the information necessary to determine the appropriate classification of products for the application of standards.

Full Text

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[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Rules and Regulations]
[Pages 43952-43980]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15474]

[[Page 43951]]

Vol. 87

Friday,

No. 140

July 22, 2022

Part II

Department of Energy

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10 CFR Part 429

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, and Commercial Clothes
Washers, Battery Chargers, and Dedicated-Purpose Pool Pumps; Final Rule

Federal Register / Vol. 87 , No. 140 / Friday, July 22, 2022 / Rules
and Regulations

[[Page 43952]]

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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, and Commercial
Clothes Washers, Battery Chargers, and Dedicated-Purpose Pool Pumps

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

ACTION: Final rule.

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SUMMARY: The U.S. Department of Energy (``DOE'' or the ``Department'')
is publishing a final rule to amend the certification provisions 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. DOE is
amending the certification and reporting provisions for these products
and equipment to ensure reporting is consistent with currently
applicable energy conservation standards and to ensure that DOE has the
information necessary to determine the appropriate classification of
products for the application of standards.

DATES: The effective date of this rule is August 22, 2022. The final
rule changes will be mandatory for the annual certification reports
submitted for products and equipment beginning February 17, 2023. The
incorporation of certain publications in this rule was approved by the
Director of the Federal Register on December 17, 2012, and September 6,
2017.

ADDRESSES: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All documents in the docket are listed
in the <a href="http://www.regulations.gov">www.regulations.gov</a> index. However, some documents listed in the
index, such as those containing information that is exempt from public
disclosure, may not be publicly available.
A link to the docket web page can be found at <a href="http://www.regulations.gov/docket/EERE-2012-BT-STD-0045">www.regulations.gov/docket/EERE-2012-BT-STD-0045</a>. The docket web page contains instructions
on how to access all documents, including public comments, in the
docket.
For further information on how to review the docket contact the
Appliance and Equipment Standards Program staff at (202) 287-1445 or by
email: <a href="/cdn-cgi/l/email-protection#a4e5d4d4c8cdc5cac7c1f7d0c5cac0c5d6c0d7f5d1c1d7d0cdcbcad7e4c1c18ac0cbc18ac3cbd2">[email&#160;protected]</a>.

FOR FURTHER INFORMATION CONTACT:
Mr. Lucas Adin, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-2J,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-5904. Email: <a href="/cdn-cgi/l/email-protection#29685959454048474a4c7a5d48474d485b4d5a785c4c5a5d4046475a694c4c074d464c074e465f">[email&#160;protected]</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#9ddcf0f8f1f4fcb3caf5f4e9f4f3faddf5ecb3f9f2f8b3faf2eb">[email&#160;protected]</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. Grid-Enabled Consumer Water Heaters
6. Dishwashers
7. Commercial Clothes Washers
8. Battery Chargers
9. Dedicated-Purpose Pool Pumps
II. Synopsis of the Final Rule
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 Consumer 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
2. Reporting
3. Reporting Costs and Impacts
I. Dedicated-Purpose Pool Pumps
1. Scope of Applicability
2. Reporting
3. Reporting Costs and Impacts
J. Revised Certification Templates
K. Effective and Compliance Dates
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
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
N. Congressional Notification
V. 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 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''), the subjects of
this final rule. (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), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated 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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[[Page 43953]]

The energy conservation program under EPCA 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 must use as the basis for (1)
certifying to DOE that their products comply with the applicable energy
conservation standards adopted under EPCA (42 U.S.C. 6295(s); 42 U.S.C.
6316(a)), and (2) making other representations about the efficiency of
those products (42 U.S.C. 6293(c); 42 U.S.C. 6314(d)). Similarly, DOE
must use these test procedures to determine whether the products comply
with any 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
statutory and regulatory requirements applicable to each covered
product and equipment type.

B. Background

DOE's certification regulations are a mechanism that DOE uses to
help ensure compliance with its regulations by collecting information
about the energy and water use characteristics of covered products and
covered equipment 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 and annually
thereafter. If a basic model is modified in a manner that increases the
basic model's energy or water consumption or decreases its efficiency
such that the certified rating is no longer supported by test data, the
basic model must be re-rated and certified as a new basic model.
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 10 CFR part 429, 10
CFR part 430, and/or 10 CFR 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.
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\4\ DOE subsequently published two correction documents 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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On August 6, 2021, DOE published a notice of proposed rulemaking
(``NOPR'') that proposed to amend the certification and reporting
requirements for the products and equipment that are the subjects of
this final rule to ensure that DOE has the information necessary to
determine the appropriate classification of products for the
application of standards. 86 FR 43120 (``August 2021 Certification
NOPR''). DOE received comments in response to the August 2021
Certification NOPR from the interested parties listed in Table II.1.

Table II.1--List of Commenters With Written Submissions in Response to the August 2021 Certification NOPR
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Reference in this Document No.
Commenter(s) final rule in docket Commenter type
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The Air-Conditioning, Heating, and AHRI................. 166 Trade Association.
Refrigeration Institute.
Air Movement and Control AMCA................. 159 Trade Association.
Association International, Inc.
American Lighting Association...... ALA.................. 160 Trade Association.
Appliance Standards Awareness Joint Commenters..... 165 Efficiency Organizations.
Project, American Council for an
Energy-Efficient Economy,
Earthjustice, and Northwest Energy
Efficiency Alliance.
Association of Home Appliance AHAM................. 167 Trade Association.
Manufacturers.
Bradford White Corporation......... Bradford White....... 163 Manufacturer.
National Electrical Manufacturers NEMA................. 164 Trade Association.
Association.
NSF International.................. NSF.................. 168 Trade Association.
TIC Council Americas............... TIC.................. 161 Trade Association.
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[[Page 43954]]

DOE received an additional comment submission unrelated to the
substance of the August 2021 Certification NOPR that is not addressed
in this final rule.\5\
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\5\ See comment from Lisa Halverson, EERE-2012-BT-STD-0045-162.
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A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\6\
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\6\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to amend
certification and reporting requirements for the subject products
and equipment. (Docket No. EERE-2012-BT-STD-0045, which is
maintained at <a href="http://www.regulations.gov">www.regulations.gov</a>). The references are arranged as
follows: (commenter name, comment docket ID number, page of that
document).
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The following sections provides the relevant background for the
products and equipment that are subject to this final rule.
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 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). The information that must be included in
certification reports and submitted to DOE for CFLKs is found at 10 CFR
429.33(b).
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 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) are referred to collectively in this document as the
``January 1, 2007 standards.''
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, 80211. 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. Id. at 80 FR 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. 81 FR 580, 632. These amended
standards apply to CFLKs manufactured on or after January 21, 2020,\7\
and are referred to collectively in this document as the ``January 21,
2020 standards.'' See 10 CFR 430.32(s)(6). Representations regarding
CFLKs subject to the January 21, 2020 standards must be based on the
relevant test procedures as amended by the December 2015 CFLK TP Final
Rule, including appendix V1 for CFLKs packaged with other fluorescent
lamps (not compact fluorescent lamps or general service fluorescent
lamps), packaged with other SSL products (not integrated LED lamps), or
with integrated SSL circuitry. 10 CFR 430.23(x)(2).
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\7\ 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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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. In the August 2021
Certification NOPR, DOE proposed to update the reporting requirements
to address the January 21, 2020, standards and remove the reporting
requirements for the January 1, 2007 standards. 86 FR 43120, 43122.
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, ``Uniform Test Method
for Measuring Average Lamp Efficacy (``LE''), Color Rendering Index
(``CRI''), and Correlated Color Temperature (``CCT'') of Electric
Lamps'' (``appendix R'').
DOE test procedures for GSFLs, IRLs, and GSILs are codified in
appendix R and the 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).

[[Page 43955]]

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 accommodate new classes of lamps to
which coverage was extended by the Energy Independence and Security Act
of 2007 (Pub. L. 110-140). 74 FR 31829, 31832-31833. 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. at 74 FR 31833. 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.
77 FR 4203, 4205-4208. In that final rule, DOE determined amendments to
the existing test procedure for IRLs were not necessary. Id. at 77 FR
4208.
On June 3, 2021, DOE published a NOPR that proposed amendments to
the test procedures for GSFL, IRLs, and GSILs. 86 FR 29888 (``June 2021
Lighting TP NOPR''). In the June 2021 Lighting TP 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 the 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 align sampling and certification reporting requirements
with proposed test procedure terminology and with the Federal Trade
Commission's labeling program. 86 FR 29888, 29891-29892.
On May 9, 2022, DOE published a final rule amending the definitions
of GSIL and general service lamp (``GSL'') by bringing certain
categories of lamps that had been excluded by statute from the
definition of GSIL within the definitions of GSIL and GSL. The rule
also expanded the definition of GSL to include IRLs. 87 FR 27461 (``May
2022 Definition Final Rule''). On May 9, 2022, DOE also published a
final rule implementing a statutory backstop requirement applicable to
GSLs, which prohibits the sale of any GSL that is less than 45 lumens
per watt (lm/W). 87 FR 27439.
In the August 2021 Certification NOPR, DOE proposed 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. 86 FR 43120, 43123.
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)(i) 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'' (``appendix U''). 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 that amended the test
procedures for ceiling fans at appendix U. 81 FR 48620 (``July 2016
Ceiling Fan TP 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 Ceiling Fan ECS Final Rule'').
On December 27, 2020, the Energy Act of 2020 (Pub. L. 116-260) was
signed into law, which, among other things, amended performance
standards for large-diameter ceiling fans (``LDCFs'').\8\ (42 U.S.C.
6295(ff)(6)(C)(i)(I), as codified) Specifically, section 1008 of the
Energy Act of 2020 amended section 325(ff)(6) of EPCA to specify that
LDCFs 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 Ceiling Fan 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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\8\ 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 1.11.
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On May 27, 2021, DOE published a final rule to amend the current
regulations for LDCFs, 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.
In the August 2021 Certification NOPR, DOE proposed to amend the
ceiling fan reporting requirements to reflect the amended energy
conservation standards adopted in the January 2017 Ceiling Fan ECS
final rule and to amend the updated performance standards for LDCFs as
established in the Energy Act of 2020. 86 FR 43120, 43123.
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.\9\ (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.
---------------------------------------------------------------------------

\9\ 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

[[Page 43956]]

boilers accounts for fossil fuel consumption in active mode but does
not include active mode electrical energy consumption. For gas-fired
and oil-fired furnaces and boilers, AFUE accounts for fossil fuel
consumption in standby mode and off mode, but AFUE does not account for
standby mode and off mode electrical consumption. For electric furnaces
and boilers, AFUE accounts for electrical energy consumption in active
mode but does not account for standby mode and off mode electrical
consumption. Appendix N 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 December 19, 2007, the Energy Independence and Security Act of
2007 (``EISA 2007''), Public Law 110-140, was signed into law. EISA
2007 amended EPCA so as to revise the AFUE requirements and establish
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.\10\ EISA 2007 also disallowed 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)) The complete energy conservation
standards and design requirements applicable to consumer furnaces and
boilers, including those enacted in EISA 2007 and separately by DOE
through final rules, are located at 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 Technical Amendment''), to codify the energy
conservation standard levels, design requirements, and compliance dates
for residential boilers outlined in EISA 2007. 73 FR 43611.
---------------------------------------------------------------------------

\10\ 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.
---------------------------------------------------------------------------

On October 20, 2010, DOE published a final rule in the Federal
Register amending 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
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
Furnaces and Boilers TP Final Rule''). 81 FR 2628. The January 2016
Furnaces and Boilers TP 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.
On June 27, 2011, DOE published a direct final rule (``DFR'') in
the Federal Register revising the energy conservation standards for
consumer furnaces (as well as consumer central air conditioners and
heat pumps) (``June 2011 Multi-Product ECS DFR''). 76 FR 37408. The
June 2011 Multi-Product ECS 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 Multi-Product ECS 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 Multi-Product ECS DFR in a notice of effective date and compliance
dates published in the Federal Register on October 31, 2011. 76 FR
67037.\11\
---------------------------------------------------------------------------

\11\ Following DOE's adoption of the June 2011 Multi-Product ECS
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 D.C. Circuit 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 Multi-Product ECS DFR in order to
conduct further notice-and-comment rulemaking. Accordingly, the D.C.
Circuit's order vacated the June 2011 Multi-Product ECS 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
Multi-Product ECS DFR for the other consumer furnace product classes
(as well as central air conditioners and heat pumps) were left in
place.
---------------------------------------------------------------------------

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 Boilers ECS Final
Rule), as required under 42 U.S.C. 6295(f)(4)(C). 81 FR 2320. The
January 2016 Boilers ECS 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. 81 FR 2320, 2321.
In the August 2021 Certification NOPR, DOE proposed 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 Multi-Product ECS DFR and the January 2016
Boilers ECS Final Rule. 86 FR 43120, 43124. DOE also proposed 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 Technical Amendment, which applies to all gas-fired consumer
boilers. Id.
5. Grid-Enabled 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. EEIA 2015 amended
EPCA, in relevant part, by adding definitions for ``grid-enabled water
heater'' and ``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

[[Page 43957]]

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 in the Federal Register (``August 2015 Water
Heater ECS Final Rule'') 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 Water Heater ECS
Final Rule did not establish provisions to require the reporting of
shipments by manufacturers.
In the August 2021 Certification NOPR, DOE proposed 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. 86 FR 43120, 43125.
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).
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 the August 2021 Certification NOPR, DOE proposed adding a
certification reporting requirement to ensure that any assessment or
enforcement testing pursuant to 10 CFR 429.104 and 10 CFR 429.110,
respectively, would be performed using the same detergent used by the
manufacturer for certifying compliance with the energy conservation
standards. 86 FR 43120, 43125.
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'').\12\
DOE's energy conservation standards for CCWs are prescribed at 10 CFR
431.156(b).
---------------------------------------------------------------------------

\12\ 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.
---------------------------------------------------------------------------

DOE amended its CCW test procedures in a final rule published
December 3, 2014. 79 FR 71624 (``December 2014 CCW TP Final Rule'').
The December 2014 CCW 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.
DOE further amended its test procedures for both RCWs and CCWs in a
final rule published June 1, 2022 (``June 2022 RCW/CCW TP Final
Rule''). 87 FR 33316. The June 2022 RCW/CCW TP Final Rule amended
appendix J2 to further specify test conditions, instrument
specifications, and test settings; address large clothes container
capacities; add product-specific enforcement provisions; delete
obsolete provisions; and consolidate all test cloth-related provisions
and codify additional test cloth material verification procedures used
by industry. 87 FR 33316, 33319. The June 2022 RCW/CCW TP Final Rule
also established a new test procedure at appendix J to subpart B of 10
CFR part 430 (``appendix J''), which includes changes to the test
cycles and load sizes required for testing as well as updates to
certain test conditions and usage factors, among other changes. Id. The
June 2022 RCW/CCW TP Final Rule also establishes new energy and water
performance metrics, to be measured using the new appendix J, which are
based on clothing load size rather than clothes container capacity:
active-mode energy efficiency ratio (``AEER''), energy efficiency ratio
(``EER''), and water efficiency ratio (``WER''). Id. The new test
procedure will be used for the evaluation and issuance of updated
efficiency standards for both RCWs and CCWs, as well as to determine
compliance with the updated standards, should such standards be
established.
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 CCW ECS Final Rule''). Compliance with the standards
established in the December 2014 CCW ECS Final Rule was required
beginning January 1, 2018. 79 FR 74492, 74493.
In the August 2021 Certification NOPR, DOE proposed 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. 86 FR 43120, 43125.
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

[[Page 43958]]

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. 81 FR
31827, 31828-31829.
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, DOE proposed to establish an annual filing date by which
manufacturers would be required to submit the required certification
information to DOE in the August 2021 Certification NOPR. 86 FR 43120,
43125-43126.
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) and (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 DPPP TP 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 DPPP
TP Final Rule also included certification and enforcement provisions
for DPPPs. 82 FR 36858, 36907-36913.
In the August 2021 Certification NOPR, DOE proposed 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. 86 FR 43120, 43126.

II. Synopsis of the Final Rule

In this final rule, DOE is updating 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.
(3) Align the ceiling fan certification reporting requirements at
10 CFR 429.32 with existing energy conservation standards established
in the January 2017 Ceiling Fan ECS Final Rule and the Energy Act of
2020. Additionally, specify rounding requirements for CFM/W and CFEI.
Also, 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 specify explicitly that the requirement for
certifying the type of ignition system applies to all 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 are required to submit the required
certification information to DOE.
(9) Clarify the certification reporting requirements in 10 CFR
429.59 for DPPPs.
The adopted amendments are summarized in Table II.2 and compared to
the reporting requirements prior to the amendment, and the reason for
the adopted change is included as well.

Table II.2--Summary of Changes to Certification Reporting Requirements Relative to Current Certification
Reporting Requirements
----------------------------------------------------------------------------------------------------------------
Current DOE certification reporting
requirements Amended certification reporting requirements Attribution
----------------------------------------------------------------------------------------------------------------
For CFLKs, no reporting requirement Add reporting requirement to 10 CFR Required to verify
for efficacy for a lamp and 429.33(b)(2)(ii)(A) for efficacy in lumens whether the information
integrated SSL circuitry. per watt (lm/W) and for lumen output in provided is consistent
lumens (to determine the minimum efficacy with the certifier's
standard) for a lamp and integrated SSL statement of compliance
circuitry in a CFLK. with January 21, 2020,
energy conservation
standards.
For CFLKs, no reporting requirements Add reporting requirements to 10 CFR Required to verify
for lumen maintenance at 1,000 hours, 429.33(b)(2)(ii)(B) to specify the lumen whether the information
lumen maintenance at 40 percent of maintenance at 1,000 hours in percent, lumen provided is consistent
lifetime, the results of rapid cycle maintenance at 40 percent of lifetime in with the certifier's
stress testing, and lifetime for percent, number of units passing rapid cycle statement of compliance
medium screw base CFLs. stress testing, and the lifetime in hours for with January 21, 2020,
medium screw base CFLs in a CFLK. energy conservation
standards.
For CFLKs, no reporting requirement Add reporting requirement to 10 CFR Required to verify
specifying that a CFLK with pin-based 429.33(b)(3)(ii)(C) to provide a declaration whether the information
sockets for fluorescent lamps have an that CFLKs with pin-based sockets for provided is consistent
electronic ballast. fluorescent lamps have an electronic ballast. with the certifier's
statement of compliance
with January 21, 2020,
energy conservation
standards.
For CFLKs, no reporting requirement Add reporting requirement to 10 CFR Required to verify
specifying that a CFLK is packaged 429.33(b)(3)(ii)(A) to provide a declaration whether the information
with lamps to fill all sockets. that CFLKs are packaged with lamps to fill provided is consistent
all sockets. with the certifier's
statement of compliance
with January 21, 2020,
energy conservation
standards.

[[Page 43959]]

For CFLKs, no reporting requirement Add requirement to 10 CFR 429.33(b)(3)(ii)(B) Required to verify
for lab accreditation. for declaration that lamps packaged with whether the information
CFLKs were tested by an International provided is consistent
Laboratory Accreditation Cooperation with the certifier's
(``ILAC'') accredited laboratory as required statement of compliance
under 10 CFR 430.25. with laboratory
accreditation
requirements in 10 CFR
430.25.
For CFLKs, no reporting requirement Add a reporting requirement to 10 CFR Required to verify
for test sample size or kind of lamp 429.33(b)(2)(ii)(A) to provide the test whether the information
for basic model of lamp. sample size and kind of lamp for each basic provided is consistent
model of lamp in the CFLK. with the certifier's
statement of compliance
with sampling
requirements in 10 CFR
429.12(b).
For GSILs and IRLs, no reporting Add reporting requirements for rated voltage, Required to verify
requirement for all metrics that aid lamp diameter, and CRI for IRLs to 10 CFR whether the information
in ensuring compliance. 429.27(b)(2)(ii) and initial lumen output for provided is consistent
GSILs to 10 CFR 429.27(b)(2)(iii). with the certifier's
statement of compliance
with existing standards
or product class
characterizations.
For ceiling fans, reporting Add reporting requirements to 10 CFR Required to verify
requirement includes number of speeds 429.32(b)(2) and (3) for small diameter whether the information
and design requirement declaration. ceiling fans to include blade span, ceiling provided is consistent
fan efficiency in CFM/W, declarations with the certifier's
regarding multi-head fans along with statement of compliance
additional product-specific information for with January 21, 2020,
small-diameter ceiling fans: standby power, energy conservation
blade edge thickness, airflow (CFM) at high standards.
speed, blade RPM at high speed, and the
distance 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 requirements for LDCF to 10 CFR Required to verify
requirement includes number of speeds 429.32(b)(2)(iii) to include CFEI for high whether the information
and design requirement declaration. speed and 40 percent speed or the nearest provided is consistent
speed that is not less than 40 percent speed. with the certifier's
statement of compliance
with January 21, 2020,
energy conservation
standards.
For ceiling fans, no rounding Amend 10 CFR 429.32 to specify that Required to verify
requirements for the small diameter represented values of efficiency must be whether the information
or large diameter ceiling fan rounded to the nearest whole number for small provided is consistent
efficiencies. diameter ceiling fans in terms of CFM/W and with the certifier's
to the nearest hundredth for LDCF in terms of statement of compliance
CFEI. with January 21, 2020,
energy conservation
standards.
For consumer boilers, non-weatherized Add reporting requirement to 10 CFR Required to verify
oil-fired furnaces (including mobile 429.18(b)(2)(ii) for standby mode and off whether the information
home furnaces) and electric furnaces, mode energy consumption of consumer boilers, provided is consistent
no reporting requirement for standby non-weatherized oil-fired furnaces (including with the certifier's
mode and off mode energy consumption. mobile home furnaces), and electric furnaces. statement of compliance
with May 1, 2013,
energy conservation
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, reporting Removal of reporting requirement for type of Required to verify
requirement to certify type of ignition and addition of reporting whether the information
ignition system applies only to cast requirement to 10 CFR 429.18(b)(3)(ii) for provided is consistent
iron sectional gas-fired boilers. declaration that the manufacturer has not with the certifier's
incorporated a constant burning pilot to statement of compliance
apply to all gas-fired boilers. with September 1, 2012,
energy conservation
standards.
For hot water boilers, reporting Removal of declaration that the manufacturer Required to verify
requirement for declaration that the has incorporated the applicable design whether the information
manufacturer has incorporated the requirements and addition of reporting provided is consistent
applicable design requirements requirement to 10 CFR 429.18(b)(3)(iii) for with the certifier's
overlaps with new declaration that whether the boiler is equipped with tankless statement of compliance
the manufacturer has not incorporated domestic water heating coils (and if not, a with September 1, 2012,
a constant burning pilot. declaration that the manufacturer has energy conservation
incorporated an automatic means for adjusting standards.
water temperature) to apply to all hot water
boilers.
For grid-enabled water heaters, no Require manufacturers to submit annual Required by EPCA under
requirement for manufacturers to shipment data for grid-enabled water heaters 42 U.S.C.
submit annual shipment data. at 10 CFR 429.17(c). 6295(e)(6)(C)(i).
For testing dishwashers, no reporting Require manufacturers to report use of the new Required to ensure that
requirement for certification based detergent formulation that replaces the any assessment or
on testing with an alternate detergent formulation currently specified at enforcement testing
detergent in place of the one 10 CFR 429.19(b)(3)(vi). would be performed
currently specified for use, which using the same
has been discontinued. detergent used by the
manufacturer for
certifying compliance
with the energy
conservation standards.
For CCWs, no requirement for reporting Add reporting requirements to 10 CFR Required to verify
of clothes container capacity, 429.46(b)(2)(iii)-(v) for clothing container whether the information
loading axis, or remaining moisture capacity, type of loading (top-loading or provided is consistent
content value. front-loading), and remaining moisture with the certifier's
content, including applicable rounding statement of compliance
instructions for these reported values at 10 with January 1, 2018,
CFR 429.46(c). energy conservation
standards and to
conduct product-
specific enforcement
provisions.
For battery chargers, reporting Establish an annual filing date of September 1 Required to ensure
requirements are included in 10 CFR at 10 CFR 429.12(d), by which manufacturers certification
429.39, but no annual filing date is would be required to submit required information is current
specified in 10 CFR 429.12. reporting information to DOE. on an annual basis,
consistent with the
requirements for other
covered products and
equipment.
For DPPPs, includes certification State explicitly in 10 CFR 429.59(b)(2)(iv) Provide more explicit
reporting requirements for certain and 10 CFR 429.59(b)(3)(iv) that reporting direction as to the
models that may cause confusion as to requirements apply only to models subject to applicability of
the scope of these provisions. energy conservation standards. current reporting
requirements.
----------------------------------------------------------------------------------------------------------------

DOE is not amending 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 in this final rule.
The effective date for the amended certification requirements
adopted in this final rule is 30 days after publication of this
document in the Federal Register. Certification reports for CFLKs,
GSILs, IRLs, ceiling fans, consumer furnaces and boilers, consumer
water heaters, dishwashers, CCWs, battery chargers, and DPPPs submitted
beginning 210 days after publication of this final rule must comply
with the applicable certification requirements as amended by this final
rule. For certification reports submitted

[[Page 43960]]

after the effective date of this final rule, but prior to the
compliance date, a manufacturer may optionally submit a certification
report as required by the amendments in this final rule (i.e., early
compliance is permitted). The requirements pertaining to the compliance
date and the provision for early compliance apply to all certification
reports submitted as required by 10 CFR 429.12 (i.e., annual
certifications and certification of new and discontinued basic models).

III. Discussion

Certification of compliance to DOE is a mechanism that helps
manufacturers understand their 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.
As discussed in section I.B of this document, DOE proposed
amendments to the certification and reporting requirements for certain
products and equipment in the August 2021 Certification NOPR. 86 FR
43120, 43126-43127. DOE received a number of comments in response to
the 2021 Certification NOPR, which are listed in section II, and are
summarized in more detail in the following section. DOE also received
comments regarding the proposals in the August 2021 Certification NOPR
generally.
The Joint Commenters commented in favor of the proposed changes to
the reporting requirements, agreeing with DOE's assessment that these
updated requirements will ensure that certification reports reflect the
information needed to determine compliance. The Joint Commenters also
encouraged DOE to revise reporting requirements in a timely manner,
noting that some of the proposed changes to requirements included in
the August 2021 Certification NOPR were being proposed many years after
the associated energy conservation standards went into effect. (Joint
Commenters, No. 165, pp. 1-2)
Similarly, AHAM expressed support for the proposed reporting
requirements, stating that the updated requirements would ensure
consistency across product types. AHAM also commented that the updates
would ensure consistency between testing to support certification and
testing in support of DOE's enforcement efforts. (AHAM, No. 167, pp. 1-
2)
AMCA commented generally that manufacturers should be allowed to
report conservative ratings, which may be less than the calculated
value determined using test data. (AMCA, No. 159, p. 2)
For the products and equipment addressed in this final rule, DOE
has identified areas in which the current certification reporting
requirements in 10 CFR part 429 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 amending the certification and reporting
provisions for these products and equipment, as discussed in the
following sections and generally as proposed in the August 2021
Certification NOPR, 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 amendments in the following sections, DOE is
also adopting minor amendments to ensure consistency among terms used
throughout DOE's certification and reporting provisions.
Regarding AMCA's comment that manufacturers should be allowed to
report conservative ratings, in a prior rulemaking on certification,
compliance, and enforcement, DOE explained that manufacturers may rate
models conservatively, meaning the tested performance of the model(s)
must be at least as good as the certified rating, after applying the
appropriate product-specific sampling plan as set forth in 10 CFR part
429, subpart B. 76 FR 12422, 12429 (March 7, 2011). DOE clarified the
use of conservative ratings within the discussion of the concept of
``basic model'' and noted that the sampling plans are designed to
create conservative ratings, which ensures energy performance for
consumers that is the same or better than the certified efficiency
rating. Id. The amended certification and reporting provisions for the
products and equipment in this final rule do not change a
manufacturer's ability to rate conservatively.

A. Ceiling Fan Light Kits

1. Scope of Applicability
This final rule 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.
2. Reporting
Under the existing requirements in 10 CFR 429.33(b)(2),
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. 10
CFR 429.33(b)(3). These requirements provide for certifying compliance
with the January 1, 2007 standards.
In the August 2021 Certification NOPR, DOE noted that 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. 86 FR 43120, 43122. DOE added that 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. Id.
Therefore, DOE proposed in the August 2021 Certification NOPR to update
the reporting requirements to address the January 21, 2020, standards
and to remove the reporting requirements for the January 1, 2007
standard. Id. DOE sought comment on whether CFLKs manufactured prior to
January 21, 2020, were still being distributed in commerce, and if the
compliance requirements for these standards should be retained. Id. at
86 FR 43128.
ALA commented that it was aware of CFLKs manufactured prior to
January 21, 2020, that are still being distributed in commerce and
recommended that DOE retain the legacy compliance submission templates
for these products. (ALA, No. 160, p. 2) Given that CFLKs manufactured
prior to January 21, 2020, are still being

[[Page 43961]]

distributed in commerce, DOE is retaining the regulations for the
certification requirements for CFLKs manufactured prior to January 21,
2020. As discussed, DOE is also adding separate reporting requirements
applicable to CFLKs manufactured on or after January 21, 2020, that
align with the January 21, 2020 standards. DOE discusses these updates
in the sections that follow.
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. 10 CFR 430.32(s)(6). To reflect the
January 21, 2020 standards, DOE proposed in the August 2021
Certification NOPR to require manufacturers to identify, in a
certification report, 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. 86 FR 43120, 43128. The
inclusion of basic model number, associated lumen output, and efficacy
in the certification report would provide the 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. Id.
Additionally, 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). In the August 2021
Certification NOPR, DOE proposed to amend the reporting requirements 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). Id. DOE did not receive any comments
on these proposals. For the reasons discussed in this final rule and in
the August 2021 Certification NOPR, DOE is adopting these amendments as
proposed in the August 2021 Certification NOPR.
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.
In the August 2021 Certification NOPR, DOE proposed to add
reporting requirements for CFLKs packaged with a medium screw base CFL
that would enable manufacturers to certify compliance with the January
21, 2020 standards. 86 FR 43120, 43128. Specifically, for CFLKs
packaged with a medium screw base CFL, DOE proposed to require
reporting of the following information for each basic model of CFL:
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. Id. Similar to DOE's reporting
requirements for CFLs sold individually (see 10 CFR 429.35), DOE
proposed allowing 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 estimates when initially testing a
new basic model, which would allow new basic models of CFLKs with
medium screw based CFLs to be distributed in commerce prior to
completion of lifetime testing, and DOE sought comment on this
proposal. Id.
DOE did not receive any comments 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. In
addition, DOE did not receive any comments on allowing estimates for
lumen maintenance at 40 percent of lifetime, lifetime, and the rapid
cycle stress test result.
For the reasons discussed here and in the August 2021 Certification
NOPR, in this final rule, DOE is adopting these requirements as
proposed in the August 2021 Certification NOPR.
c. Design Requirement Declarations
The January 21, 2020, standards continue to require that CFLKs with
pin-based sockets for fluorescent lamps 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 \13\ 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). In the August 2021 Certification NOPR, DOE proposed to
make this declaration more specific to existing requirements by
requiring 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. 86 FR
43120, 43128. This proposal would allow manufacturers to specifically
certify that basic models of CFLKs with pin-based socket fluorescent
lamps comply with the requirement in the January 21, 2020, standard for
such products to have an electronic ballast. 10 CFR 429.12(b).
---------------------------------------------------------------------------

\13\ 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). In the August 2021 Certification NOPR,
DOE proposed to require a declaration that the CFLK is packaged with
lamps sufficient to fill all of the lamp sockets. 86 FR 43120, 43128.
The declaration would provide DOE with data indicating whether the
manufacturers have addressed the requirement in the January 21, 2020,
standard that for all lamp types the CFLK is packaged with lamps to
fill all of the sockets. Id.
DOE did not receive any comments on requiring a declaration that
pin-based fluorescent lamps in CFLKs have an electronic ballast. In
addition, DOE did not receive any comments on requiring a declaration
that the CFLK are packaged with lamps sufficient to fill all sockets.
In the August 2021 Certification NOPR, DOE proposed that these two
declarations would be included in the certification report as public
information. 86 FR 43120, 43128. Public information is made available
to consumers in DOE's Compliance Certification Database (``CCD'') \14\
available at <a href="http://www.regulations.doe.gov/certification-data">www.regulations.doe.gov/certification-data</a>. DOE notes that
in the case of these two declarations, every valid certification must
include a positive declaration (i.e., ``Yes''); as such, the statement
of declaration is not a characteristic that would provide any
differentiation among products listed in the CCD (i.e., every product
in the public database would be designated as ``Yes''). DOE also notes
that the existing similar declaration requirement

[[Page 43962]]

applicable to CFLKs with any other socket type manufactured prior to
January 1, 2020, is designated as non-public as codified at 10 CFR
429.33(b)(3). In an effort to promote the simplification and usability
of the CCD for consumers and other interested parties by including
relevant information that can be used to differentiate among products
within the database, DOE is designating these two new declaration
requirements, applicable to products manufactured on or after January
1, 2020, as non-public (i.e., they would not be listed in the CCD) and
codifying them at 10 CFR 429.33(b)(3)(ii)(A) and (C), respectively.
---------------------------------------------------------------------------

\14\ As described on the CCD website, the CCD offers consumers
an easy-to-use search function for existing records in a readily
downloadable format. There is also a consumer-friendly selection
tool as well as a search-by-model function.
---------------------------------------------------------------------------

d. Basic Model, Lamp Type, and Sample Size Requirements
In the August 2021 Certification NOPR, DOE also proposed certain
certification reporting requirements for CFLKs to provide further
specificity as to what is required to be reported. 86 FR 43120, 43129.
Specifically, DOE proposed adding language in 10 CFR 429.33(b) stating
that manufacturers must provide the brand, basic model number, and
other additional lamp-specific information for each basic model of lamp
included in the basic model of CFLK under test. Id. This proposal would
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. Id.
In the August 2021 Certification NOPR, DOE also proposed requiring
that 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. 86 FR 43120, 43129.
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 of lamp in the CFLK is necessary to determine the
product class applicable to the basic model of CFLK. Id.
Additionally, DOE proposed requiring that manufacturers provide, if
applicable, a declaration that each basic model of lamp packaged with
the basic model of CFLK was tested by a laboratory accredited as
required under 10 CFR 430.25.\15\ 86 FR 43120, 43129. Lamps specified
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. In the
August 2021 Certification NOPR, DOE inadvertently proposed in the CFR
text that this declaration would be included under 10 CFR
429.33(b)(2)(ii)(B), which would make it a public certification
requirement. For consistency with other reporting requirements that
require only a ``yes'' or ``no'' response, DOE is moving this
declaration to 10 CFR 429.33(b)(3)(ii)(B) in this rulemaking and
clarifying that it is a non-public reporting requirement.
---------------------------------------------------------------------------

\15\ 10 CFR 430.25 states that the testing for GSFLs, GSILs
(with the exception of lifetime testing), GSLs (with the exception
of applicable lifetime testing), IRLs, CFLs, and fluorescent lamp
ballasts, and integrated LED lamps must be conducted by test
laboratories accredited by an Accreditation Body that is a signatory
member to the International Laboratory Accreditation Cooperation
(ILAC) Mutual Recognition Arrangement (MRA). A manufacturer's or
importer's own laboratory, if accredited, may conduct the applicable
testing.
---------------------------------------------------------------------------

DOE received comments from both TIC and ALA regarding the proposed
declaration that lamps packaged with CFLKs were tested by an accredited
laboratory as required under 10 CFR 430.25. TIC proposed re-wording the
description of the proposed requirement to state that ``lamps packaged
with CFLKs were tested by a laboratory accredited by an accreditation
body that is a signatory to the International Laboratory Accreditation
Cooperation (``ILAC'') Mutual Recognition Arrangement (``MRA'') as
required under 10 CFR 430.25.'' (TIC, No. 161, p. 1) DOE notes that the
wording recommended by TIC is consistent with the regulatory language
of 10 CFR 430.25, and therefore that DOE's proposal to reference ``a
laboratory accredited as required under Sec. 430.25'' is consistent
with TIC's recommendation.
ALA expressed support for DOE's efforts to harmonize efficiency
reporting data to reflect the current standards for CFLKs, but also
requested that DOE affirm that the requirements identified in 10 CFR
430.25 allow for manufacturers to conduct their own testing, and that
reporting from accredited manufacturer-owned labs will be allowed.
(ALA, No. 160, p. 2) DOE notes that 10 CFR 430.25 specifically provides
that ``A manufacturer's or importer's own laboratory, if accredited,
may conduct the applicable testing.'' DOE finds this existing language
sufficiently explicit on the matter of ALA's request and, therefore, is
not revising 10 CFR 430.25 as part of this final rule.
e. Rounding Requirements
In the August 2021 Certification NOPR, DOE proposed rounding
requirements for the certification reporting requirements proposed in
the same document. 86 FR 43120, 43129. DOE proposed 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. Id.
Currently, DOE specifies that any represented value of initial lamp
efficacy, system efficacy, or luminaire efficacy be rounded to the
nearest tenth. DOE proposed simplifying these requirements to state any
represented value of efficacy be rounded to the nearest tenth. Id.
DOE did not receive any comments in response to the proposed
rounding requirements and is adopting them as proposed in the August
2021 Certification NOPR.
3. Reporting Costs and Impacts
As discussed, in the August 2021 Certification NOPR, DOE proposed
aligning CFLK certification reporting requirements with the energy
conservation standard requirements applicable to CFLKs manufactured on
and after January 21, 2020. 86 FR 43120, 43129.
For CFLKs with sockets for medium screw base lamps, manufacturers
currently report two values (i.e., efficacy and 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, under the reporting
requirements proposed in the August 2021 Certification NOPR. 86 FR
43120, 43129. For CFLKs with pin-based sockets for fluorescent lamps,
manufacturers currently report three values (i.e., efficacy, wattage,
length of lamp) but would report five values (i.e., efficacy, lumen
output, test sample size, kind of lamp, and a declaration of ILAC
accreditation), under the proposed reporting requirements. Id. 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

[[Page 43963]]

declaration of ILAC accreditation), under the proposed reporting
requirements. Id.
In the August 2021 Certification NOPR, DOE tentatively determined
that these 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 proposed to collect. Id. DOE stated that it did
not believe the revised reporting requirements would cause any
measurable change in reporting burden or hours as compared to what CFLK
manufacturers are currently doing today, but DOE requested comment on
the certification reporting costs. Id.
ALA stated that complying with the proposed reporting obligations
would require a significant effort by industry to modernize the
certification process. ALA added, however, that adopting these revised
reporting requirements would not be overly burdensome for
manufacturers. (ALA, No. 160, p. 1) DOE did not receive any other
comments regarding the certification reporting costs of the proposed
CFLK amendments, and ALA did not provide any data indicating increased
costs to manufacturers related to reporting. Further, ALA did not
provide any data or more specific information about how the additional
required certification data would require a significant effort to
modernize the certification process. The reporting of the additional
values would be accomplished using the existing on-line data templates
in DOE's Compliance and Certification Management System (``CCMS'').
Further, the additional values are measurements and calculations
required under the current DOE test procedure, and therefore should be
available to the manufacturers. Based on the preceding discussion and
the discussion in the August 2021 Certification NOPR, DOE makes a final
determination that these amendments would not cause any measurable
change in reporting burden or hours as compared to what CFLK
manufacturers are currently doing today.

B. GSILs and IRLs

1. Scope of Applicability
This final rule 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. 10 CFR 430.2. The GSIL definition
does not include certain lamp types (see 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,\16\ 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.
---------------------------------------------------------------------------

\16\ 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 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).
For IRLs (as well as GSFLs), DOE also specifies at 10 CFR
429.12(e)(2) that prior to or concurrent with the distribution of a new
basic model, each manufacturer shall submit an initial certification
report listing the basic model number, lamp wattage, and date of first
manufacture (i.e., production date) for that basic model. The
certification report must also state how the manufacturer determined
that the lamp meets or exceeds the energy conservation standards,
including a description of any testing or analysis the manufacturer
performed. Manufacturers of GSFLs and IRLs shall submit the
certification report required by 10 CFR 429.27(b) within one year after
the first date of new model manufacture.
In the June 2021 Lighting TP NOPR, DOE proposed 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 proposed in the August 2021
Certification NOPR to require the reporting of CRI for IRLs. 86 FR
43120, 43129. Additionally, for IRLs, DOE proposed to require the
reporting of rated voltage and lamp diameter. Id. Because rated voltage
and lamp diameter are used to determine the applicable energy
conservation standards for IRLs, collecting this information would help
DOE evaluate whether a basic model meets the appropriate energy
conservation standard requirements (see 10 CFR 430.32(n)(6)).
In the June 2021 Lighting TP NOPR, DOE also proposed to remove the
current requirement at 10 CFR 429.27(a)(2)(i), applicable to IRLs, that
the sampling plan must include a minimum of three lamps selected from
each month of production for a minimum of 7 out of a 12-month period.
86 FR 29888, 29905. Additionally, DOE proposed to remove the
requirement in 10 CFR 429.12(e)(2) to submit an initial certification
report prior to or concurrent with the distribution of a new basic
model for IRLs (as well as GSFLs). Id. Hence, in the August 2021
Certification NOPR, DOE did not propose any changes to the requirements
for the initial certification report for IRLs. DOE proposed adding
rated voltage, lamp diameter and CRI for IRLs only for annual filing
certification reporting. 86 FR 43120, 43129.
In its comments on the August 2021 Certification NOPR, NEMA opposed
the adoption of the proposed requirement to report CRI for IRLs,
asserting that it is inconsistent with EISA 2007, which prescribes CRI
reporting requirements for GSLs but not IRLs. (NEMA, No. 164, p. 1)
NEMA otherwise expressed general support for the GSIL and IRL reporting
requirements proposed in the August 2021 Certification NOPR. Id.
DOE disagrees with NEMA's assertion that IRLs are not subject to a
CRI requirement. EISA 2007 established a CRI requirement for IRLs.
Specifically, section 321(a)(3)(A)(ii) of EISA 2007 established CRI
requirements for lamps that are intended for 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 operating at a voltage at least partially within the range
of 110 to 130 volts; and are manufactured or imported after December
31, 2011. As previously discussed, the recently published May 2022
Definition Final Rule expanded the definition of GSL to include IRLs
because DOE concluded that IRLs are used in general lighting
applications. 82 FR 27461, 27467, 27481. Because IRLs are intended for
general service application, have a medium screw base, and a voltage
between 110 to 130 volts, they meet the criteria of section
321(a)(3)(A)(ii) of EISA 2007 and are subject to the CRI requirement.

[[Page 43964]]

DOE did not receive any other comments on requiring the reporting
of CRI to certify compliance with the existing energy conservation
standards for IRLs, nor did DOE receive any comments on requiring the
reporting of lamp diameter and rated voltage to help determine the
applicable energy conservation standard for IRLs.
For the reasons discussed here and in the August 2021 Certification
NOPR, in this final rule, DOE is adopting the reporting requirements
for IRLs as proposed in the August 2021 Certification NOPR. As
described, these reporting requirements apply only to annual filing
certification reporting. If the amendment proposed in the June 2021
Lighting TP NOPR to remove the requirement for IRLs to submit an
initial certification report is not adopted, DOE will consider adding
these additional reporting requirements to the initial certification
reporting requirements in a future separate rulemaking.
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.
In the August 2021 Certification NOPR, DOE proposed to require the
reporting of initial lumen output for GSILs because this value is
needed to evaluate whether a basic model meets the appropriate energy
conservation standard requirements (see 10 CFR 430.32(x)).\17\ 86 FR
43120, 43130. DOE did not receive any comments on requiring the
reporting of initial lumen output for GSILs. For the reasons discussed
here and in the August 2021 Certification NOPR, in this final rule, DOE
is adopting this amendment to the reporting requirements for GSILs as
proposed in the August 2021 Certification NOPR.
---------------------------------------------------------------------------

\17\ For GSILs, the applicable standards depend on the rated
lumen output of the basic model.
---------------------------------------------------------------------------

3. Reporting Costs and Impacts
As discussed, in the August 2021 Certification NOPR, DOE proposed
to align IRL certification reporting requirements with the existing
energy conservation standard requirements. 86 FR 43120, 43128.
Additionally, DOE proposed to include reporting requirements for GSILs
and IRLs that will help DOE determine applicable energy conservation
standards for these products. Id.
For IRLs, manufacturers currently certify four values (i.e., ILAC
accreditation, production dates, lamp efficacy, and lamp wattage), and
would report three additional values (i.e., CRI, lamp diameter, rated
voltage) under the requirements proposed in the August 2021
Certification NOPR. 86 FR 43120, 43130. GSIL manufacturers currently
report five values (i.e., ILAC accreditation, production dates,
wattage, lifetime, and CRI), and would report one additional value
under the proposed reporting requirements (i.e., lumens). Id. DOE notes
that, in the June 2021 Lighting TP NOPR, it proposed to remove the
reporting of production dates for IRLs and GSILs. 86 FR 29888, 29905.
In the August 2021 Certification NOPR, DOE tentatively determined
that these amendments would not impose additional costs for
manufacturers because manufacturers of IRLs and GSILs are already
submitting certification reports to DOE. 86 FR 43120, 43130.
Manufacturers should have readily available the information that DOE
proposed to require as part of this rulemaking because such information
is necessary to determine applicable energy conservation standards or
to meet existing statutory requirements. DOE stated in the August 2021
Certification NOPR that it did not believe that the revised reporting
requirements would cause any measurable change in reporting burden or
hours as compared to what manufacturers of IRLs and GSILs are currently
doing today. Id.
NEMA commented that there are several DOE proceedings that may
apply to or otherwise impact GSILs and IRLs. NEMA urged DOE to align
the requirements and implementation dates for these proceedings to
minimize unnecessary burden on those directly impacted by these
regulations. (NEMA, No. 164, p. 2)
For the reasons discussed in the prior paragraphs and in the August
2021 Certification NOPR, in this final rule, DOE is adopting the
reporting requirements for GSILs and IRLs as proposed. Compliance with
these amended reporting requirements is not required until 210 days
after publication of this final rule. The reporting of the additional
values will be through the existing on-line CCMS process using data
templates maintained by DOE, and the additional values reflect an
existing requirement (i.e., CRI values required under section 321(a) of
EISA 2007) and are measurements and calculations required under the
current DOE standard and/or test procedure for GSILs and IRLs.
Specifically, determining which standard an IRL is subject to requires
lamp diameter and the IRL standard and test procedure requires
measurement of rated wattage. Determining which standard a GSIL is
subject to requires lumens and the measurement of the metric is also
specified in the test procedure. Therefore, the values should be
available to manufacturers. Based on the preceding discussion and the
discussion in the August 2021 Certification NOPR, DOE makes a final
determination that these amendments would not cause any measurable
change in reporting burden or hours for GSIL and IRL manufacturers.

C. Ceiling Fans

1. Scope of Applicability
EPCA 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 Ceiling Fan TP 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.
Relevant to this final rule, DOE defines ``small-diameter ceiling
fan'' in section 1.17 of appendix U as a ceiling fan that is less than
or equal to seven feet in diameter. DOE defines a ``large-diameter
ceiling fan'' in section 1.11 of appendix U as a ceiling fan that is
greater than seven feet in diameter.
2. Reporting
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 reporting requirements are set forth at 10 CFR
429.32(b) and require 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 Ceiling Fan ECS
final rule or the amended standards for LDCFs

[[Page 43965]]

adopted by Congress in the Energy Act of 2020. See 82 FR 6826; 42
U.S.C. 6295(ff)(6)(C)(i), as codified; 86 FR 28469.
In the August 2021 Certification NOPR, DOE proposed maintaining the
required declaration that the manufacturer has incorporated the
applicable design requirements as a public reporting requirement
codified at 10 CFR 429.32(b)(2). 86 FR 43120, 43131. Similar to the
declarations applicable to CFLKs discussed in section III.A.2.c of this
document, DOE notes that in the case of this declaration for ceiling
fans, every valid certification must include a positive declaration
(i.e., ``Yes''). As such, the statement of declaration is not a
characteristic that provides any differentiation among products listed
in the CCD (i.e., every product in the public database would be
designated as ``Yes''). In an effort to promote the simplification and
usability of the CCD for consumers and other interested parties by
including relevant information that can be used to differentiate among
products within the database, DOE is designating this declaration
requirement as non-public (i.e., it would not be listed in the CCD) and
codifying it at 10 CFR 429.32(b)(3) accordingly in this final rule.
a. Small-Diameter Ceiling Fan Requirements
In the September 2019 Ceiling Fan TP 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
Ceiling Fan ECS Final Rule. 84 FR 51440, 51450. DOE did not finalize
the proposed requirements from the September 2019 Ceiling Fan TP NOPR
and revisited the certification and rounding requirements with a new
proposal in the August 2021 Certification NOPR. 86 FR 43120, 43130-
43131.
Product-specific information is necessary to determine the product
class and minimum allowable ceiling fan efficiency required to certify
compliance with current energy conservation standards. For small-
diameter ceiling fans, the product class (i.e., very small-diameter,
standard, hugger, or 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 requires
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 proposed in the August 2021 Certification NOPR 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 of whether the fan is a multi-head ceiling fan. 86 FR
43120, 43130.
For each ceiling fan basic model, DOE also proposed to require
additional product-specific information, including: (1) blade edge
thickness (in), airflow (CFM) at high speed, and blade RPM at high
speed; and (2) for low-speed small-diameter (``LSSD'') ceiling fans,
the distance (in) between the ceiling and the lowest point on the fan
blades. Id. 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 values to determine which amended energy
conservation standards apply to their basic models. Id. at 86 FR 43130-
43131.
Further, DOE proposed in the August 2021 Certification NOPR to
require reporting of standby power consumption (in watts) for small-
diameter ceiling fans. Id. at 86 FR 43131. 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 tentatively
determined that the reporting of standby power for these ceiling fans
would not result in an increase in reporting burden for manufacturers.
Id.
ALA generally supported DOE's efforts to harmonize efficiency
reporting data to reflect the current standards as it would provide
much needed clarity. (ALA, No. 160, p. 1) DOE received no other
comments in response to its proposed amendments to the requirements for
small-diameter ceiling fans. For the reasons discussed here, and in the
August 2021 Certification NOPR, in this final rule, DOE is adopting
these amendments as proposed in the August 2021 Certification NOPR.
b. Large-Diameter Ceiling Fan Requirements
As discussed, the distinction between small-diameter and large-
diameter ceiling fans is based on blade span. The Energy Act of 2020
required that LDCFs must 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 proposed in
the August 2021 Certification NOPR 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. 86 FR 43120, 43131.
In response to the August 2021 Certification NOPR, AMCA supported
the proposed reporting requirements for large-diameter fans. AMCA also
proposed that two additional reporting requirements be added--airflow
(CFM) at high speed and airflow (CFM) at 40 percent speed or the
nearest speed that is not less than 40 percent speed. (AMCA, No. 159,
p. 2) AMCA stated that requiring manufacturers to document CFEI and any
two of the three parameters will help prevent cheating because with any
three values (CFEI and two others), the fourth value can be calculated
with certainty. Further, AMCA noted that adding the two additional
values to DOE's proposed filing requirements would not impose an
additional burden on manufacturers because they are taken from the test
laboratory report. Id. DOE did not receive any other comments in
response to the proposed LDCF requirements.
Although airflow in CFM is measured by the test procedure and is
required for calculating CFEI (i.e., the metric on which the energy
efficiency standards for LDCFs are based), the airflow values
themselves are not required to determine compliance with standards.
Therefore, DOE is not including them in these finalized reporting
requirements.
In this final rule, for the reasons discussed in the preceding
paragraphs and the August 2021 Certification NOPR, DOE is adopting the
revised reporting requirements for LDCFs as proposed in the August 2021
Certification NOPR.
c. Rounding Requirements
In the August 2021 Certification NOPR, DOE proposed 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. 86 FR 43120, 43131. DOE
proposed that manufacturers round any represented

[[Page 43966]]

value of ceiling fan efficiency for small diameter ceiling fans,
expressed in CFM/W, to the nearest whole number. Id. Additionally, for
LDCF, DOE proposed to specify that any represented value of CFEI must
be rounded to the nearest hundredth. Id.
ALA commented in support of the small-diameter ceiling fan rounding
requirements as proposed in the August 2021 Certification NOPR, and
stated that the proposed requirements would align with the Federal
Trade Commission's labeling rounding requirements. (ALA, No. 160, p. 1-
2) AMCA expressed support for the proposed rounding of CFEI values to
the nearest hundredth. (AMCA, No. 159, p. 2)
In this final rule, for the reasons discussed in the preceding
paragraphs and the August 2021 Certification NOPR, DOE is adopting the
rounding requirements as proposed in the August 2021 Certification
NOPR.
3. Reporting Costs and Impacts
As discussed, in the August 2021 Certification NOPR, DOE proposed
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. 86 FR 43120, 43131.
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). The proposed requirements
would add a variable number of additional reporting fields, depending
on the product class. For small-diameter ceiling fans, manufacturers
would be required to report five to eight additional 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). For LDCF, manufacturers would be required to
report three additional 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). 86 FR 43120, 43131.
In the August 2021 Certification NOPR, DOE tentatively determined
that these 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 proposed to collect. Id. Any added
fields would be 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, as established in the January 2017 Ceiling Fan
ECS Final Rule and the Energy Act of 2020. DOE stated in the August
2021 Certification NOPR that it did not believe that the revised
reporting requirements would cause any measurable change in reporting
burden or hours as compared to the current requirements for ceiling fan
manufacturers. Id.
ALA generally commented that while manufacturers spend considerable
time preparing for and certifying their products, adjusting to the
additional information requested in the proposal should not be overly
burdensome for manufacturers. (ALA, No. 160 at p. 1) Otherwise, DOE did
not receive any comments on the certification and reporting costs of
the amended reporting requirements for ceiling fans. Based on the
preceding discussion and the discussion in the August 2021
Certification NOPR, DOE makes a final determination that these
amendments would not cause any measurable change in reporting burden or
hours for ceiling fan manufacturers.

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
direct current (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 British thermal units per hour
(Btu/h); (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/h for electric boilers and low pressure steam or hot water boilers
and less than 225,000 Btu/h 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 discussed in this section apply to non-weatherized oil-
fired furnaces, electric furnaces, and consumer boilers meeting the
definitions in 10 CFR 430.2, as presented in the preceding paragraph.
2. Reporting
Under the existing requirements in 10 CFR 429.18(b), consumer
(residential) furnace and boiler manufacturers must report the AFUE in
percent and the input capacity in British thermal units per hour
(``Btu/h'') in their certification reports. 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 may also optionally report and make representations of
additional AFUE values based on testing in other configurations. 10 CFR
429.18(b).
In the August 2021 Certification NOPR, DOE proposed to modify some
of the reporting 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. 86 FR 43120, 43131. The
specific changes are discussed in more detail in the following
sections.
a. Standby Mode and Off Mode Energy Consumption
In addition to the applicable AFUE standards, DOE prescribes
separate standards for standby mode and off mode power consumption
(designated as P<INF>W,SB</INF> and P<INF>W,OFF</INF>, respectively)
for non-weatherized oil-fired furnaces in watts (including mobile home
furnaces), electric furnaces, and consumer boilers. 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 and off mode power
consumption of non-weatherized oil-fired furnaces (including mobile
home furnaces), electric furnaces, or consumer boilers.

[[Page 43967]]

Therefore, DOE proposed to require that manufacturers report values for
P<INF>W,SB</INF> and P<INF>W,OFF</INF> for non-weatherized oil-fired
furnaces (including mobile home furnaces), electric furnaces, and
consumer boilers. 86 FR 43120, 43132.
Additionally, manufacturers of consumer furnaces and consumer
boilers may use identical controls and electrical components across
various models and/or product lines with different characteristics
(e.g., input capacity) and across AFUE levels. These differences in
characteristics may prevent these basic models from being grouped as a
single basic model, but because the different 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
proposed 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 energy consumption for other basic models
having identical controls and electrical components affecting standby
mode and off mode energy consumption. 86 FR 43120, 43132.
Bradford White expressed support for the proposed standby mode and
off mode reporting requirements for consumer furnaces and boilers.
(Bradford White, No. 163, p. 1)
AHRI also supported the proposed standby mode and off mode energy
consumption reporting requirements for furnaces. (AHRI, No. 166, p. 2)
For boilers, however, AHRI asserted that there is no reason that
compliance of standby mode and off mode power would require more than
simply a declaration of compliance. AHRI stated that these modes
consume very little power relative to the power consumed by the boiler
as a whole, and that they are not given much consideration or weight by
consumers. (Id.) AHRI also requested that DOE consider removing standby
mode and off mode power consumption from the energy conservation
standards for boilers. AHRI stated that indoor appliances do not have
jacket losses measured because all heat lost to the envelope is still
considered useful heat, and that any losses through standby mode and
off mode should be considered only as useful heat for any indoor
boiler. (Id.) AHRI asserted that reducing the standby mode and off mode
energy conservation standards would only have adverse effects on the
consumer and would result in major impacts to value added displays and
safety controls. (Id.)
DOE notes that regardless of whether consumers consider standby
mode and off mode power, these values are necessary for DOE to
determine whether certified models comply with the standby mode and off
mode standards for these products specified at 10 CFR 430.32(e)(1)(iii)
and (e)(2)(iii)(B). Furthermore, requiring the values themselves rather
than a statement of compliance is consistent with the approach used by
DOE for other covered product types, and such information should be
readily available, as it was needed to determination compliance with
the applicable standard.
Accordingly, for the reasons discussed here and in the August 2021
Certification NOPR, in this final rule, DOE is adopting reporting
requirements for standby mode and off mode power consumption for
boilers and furnaces as proposed in the August 2021 Certification NOPR.
Regarding AHRI's comments in relation to the standby mode and off
mode power consumption standards, consideration of any changes to
energy conservation standards is outside of the scope of this
rulemaking. However, the Department nonetheless points out that under
42 U.S.C. 6295(gg), EPCA mandates that DOE account for standby mode and
off mode energy consumption for any final rule for energy conservation
standards promulgated after July 1, 2010, so removal of those standards
is not possible.
b. Type of Ignition System for Gas-Fired Consumer Boilers
The energy conservation standards for consumer boilers prohibit the
use of constant-burning pilots for gas-fired hot water boilers and gas-
fired steam boilers. 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
prohibition of constant-burning pilot ignition systems is not limited
to only consumer boilers with cast iron sectional heat exchangers, but
rather is 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
proposed in the August 2021 Certification NOPR 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. 86 FR 43120, 43132. 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 its 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 proposed 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. Id.
In response to the August 2021 Certification NOPR, AHRI commented
that the proposed expansion of reported ignition system type to include
other gas-fired boilers would not be overly problematic. AHRI stated,
however, that if DOE's intent was to ensure that standing pilots are
not used, that including ignition systems in the declaration of
compliance in 10 CFR 429.18(b)(3) would be a better solution. (AHRI,
No. 166, p. 1)
DOE agrees with AHRI that including ignition systems in the
declaration of compliance, as opposed to requiring manufacturers to
specify the type of ignition system, is sufficient for determining
compliance. As such, in this final rule, DOE is modifying the
declaration of compliance in 10 CFR 429.18(b)(3) to include all boilers
for which a design requirement applies. DOE is adding at 10 CFR
429.18(b)(3) a requirement that manufacturers of gas-fired boilers
declare that the subject basic models do not incorporate a constant-
burning pilot and that manufacturers of hot water boilers report
whether the basic model is equipped with tankless domestic water
heating coils (and if not, a declaration that the subject basic models
include an automatic means for adjusting the water temperature). For
gas-fired hot water boilers, both requirements apply, and thus,
manufacturers will be required to separately declare compliance with
both requirements. These changes will allow DOE to verify that boiler
models subject to design requirements comply with those requirements.
In addition, DOE is removing the existing requirement for

[[Page 43968]]

cast-iron sectional boilers to certify the ignition type, as it is
duplicative with the declarations added by this final rule.
c. Rounding Requirements
In the August 2021 Certification NOPR, DOE proposed rounding
requirements for the certification reporting requirements for standby
mode and off mode energy consumption. Specifically, DOE proposed to
require that values for standby mode and off mode energy consumption be
rounded to the nearest 0.1 watts. 86 FR 43120, 43132.
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 proposed to modify this requirement to state that AFUE must be
rounded to the nearest one-tenth of a percentage point. This change
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. As
discussed in the August 2021 Certification NOPR, 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. 86 FR 43120, 43132.
AHRI expressed support for the proposed AFUE rounding requirements.
(AHRI, No. 166, p. 2) Bradford White likewise expressed support for the
proposed AFUE, standby mode energy consumption, and off mode energy
consumption rounding requirements, stating that these proposed
requirements align with current industry standards. (Bradford White,
No. 163, p. 2)
For the reasons discussed here and in the August 2021 Certification
NOPR, in this final rule, DOE is adopting the rounding requirements as
proposed in the August 2021 Certification NOPR.
3. Reporting Costs and Impacts
As discussed, in the August 2021 Certification NOPR, DOE proposed
to align consumer furnace and boiler certification reporting
requirements with the existing energy conservation standard
requirements. 86 FR 43120, 43132.
For non-weatherized oil-fired consumer furnaces (including mobile
home furnaces), electric consumer furnaces, and consumer boilers, the
proposed changes 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 would require additional reporting of the type of ignition
system. However, as discussed previously, DOE has decided in this final
rule not to require the reporting of the type of ignition system and is
instead addressing the no-standing-pilot-light requirement through a
required declaration.
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 proposed to collect as part of the
August 2021 Certification NOPR, DOE stated in the August 2021
Certification NOPR that it did 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 tentatively determined
that it did not expect any cost associated with this proposal. Id.
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. As proposed in the
August 2021 Certification NOPR, there are now 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. Id.
DOE did not receive any comments regarding the certification
reporting costs of the proposed amendments for consumer boilers and
furnaces.
Based on the preceding discussion and the discussion in the August
2021 Certification NOPR, DOE makes a final determination that these
amendments would not cause any measurable change in reporting burden or
hours for manufacturers of consumer furnaces and boilers other than
electric steam boilers. For electric steam boilers, the new reporting
requirements established by this final rule will require new
certification reporting for electric steam boiler manufacturers. Costs
associated with the new reporting requirements for electric steam
boilers are discussed in section IV.C.3 of this document.

E. Grid-Enabled Consumer 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 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.\18\ (42 U.S.C. 6295(e)(6)(C)(i)-
(iii)) As stated in section I.B.5 of this document, the August 2015
Water Heater ECS 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. Therefore, DOE proposed in the
August 2021 Certification NOPR to add reporting requirements to 10 CFR
429.17 that would require manufacturers to report

[[Page 43969]]

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 EPCA requirement. 86 FR 43120, 43133. DOE
also proposed to state explicitly that the annual shipments of grid-
enabled water heaters reported by manufacturers will be treated as
confidential business information by the Department. Id. 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 would be
treated as confidential business information), DOE proposed that the
annual shipments be reported separately from the other certification
reporting requirements for water heaters in 10 CFR 429.17(b). Id.
---------------------------------------------------------------------------

\18\ 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))
---------------------------------------------------------------------------

AHRI and Bradford White expressed support for the proposed
reporting requirement for the number of annual shipments of grid-
enabled consumer water heaters, as well as the proposal that this
information be reported separately from the information that is
currently required under 10 CFR 429.17(b). (AHRI, No. 166, p. 2;
Bradford White, No. 163, p. 1) The Joint Commenters commented that EPCA
directs DOE to require reporting of both shipment and activation
numbers for grid-enabled water heaters, and they urged DOE to begin
requiring utilities and other demand response and thermal storage
program operators to begin reporting the annual activation numbers.
(Joint Commenters, No. 165, pp. 1-2)
Regarding the comment from the Joint Commenters, DOE notes that it
already collects the quantity of activations from utilities and other
demand response and thermal storage program operators, as required by
EPCA, through the Energy Information Administration's forms EIA-861 and
EIA-861S.
For the reasons discussed here and in the August 2021 Certification
NOPR, in this final rule, DOE is adopting the reporting requirements
for grid-enabled water heaters as proposed in the August 2021
Certification NOPR.
3. Reporting Costs and Impacts
As discussed in the August 2021 Certification NOPR, the addition of
reporting requirements for annual shipments of grid-enabled consumer
water heaters would newly require manufacturers to report this
information. 86 FR 43120, 43132.
DOE did not receive any comments regarding the certification
reporting costs of the proposed amendments for grid-enabled water
heaters.
Costs associated with these new reporting requirements for grid-
enabled water heaters are discussed in section IV.C.3 of this document.

F. Dishwashers

1. Scope of Applicability
DOE defines dishwashers as 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)(2), 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. In addition, a
certification report must include the following additional product-
specific information: the capacity in number of place settings as
specified in industry standard ANSI/Association of Home Appliance
Manufacturers (``AHAM'') DW-1-2010 (``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 with the Grease Fighting
Power of Dawn powder as the detergent formulation, at half the quantity
specified according to Section 4.1 of 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 with the Grease Fighting Power of Dawn has been discontinued
and has been replaced with Cascade Complete. AHAM has updated its
industry standard to specify the use of Cascade Complete for
testing.\19\ 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. On December 22, 2021, DOE proposed
amendments to the test procedure for dishwashers, including an
amendment to the detergent specifications for testing. 86 FR 72738,
72753.
---------------------------------------------------------------------------

\19\ 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 10 CFR 429.110, respectively,
would be performed using the same detergent used by the manufacturer
for certifying compliance with the applicable energy conservation
standard. In the August 2021 Certification NOPR, DOE proposed to
require that manufacturers indicate in the certification report whether
Cascade Complete powder was used as the detergent formulation in lieu
of Cascade with the Grease Fighting Power of Dawn. 86 FR 43120, 43133.
DOE proposed to add this requirement to the list of additional product-
specific information specified at 10 CFR 429.19(b)(3). Id.
DOE also proposed to reorganize the requirements specified at 10
CFR 429.19(b)(3) as a numbered list for easier readability. Id. In its
proposed reorganization of these requirements, DOE had proposed to
maintain the reported capacity (in number of place settings) as a non-
public certification requirement under 10 CFR 429.19(b)(3). However,
DOE currently includes the reported capacity among the publicly
available information in the CCD,\20\ as DOE determined that this
information is useful for differentiating among models listed within
the database and determining the applicable product class in 10 CFR
430.32(f)(1). In this final rule, DOE moves this certification
requirement to the public requirements specified at 10 CFR 429.19(b)(2)
to be consistent with how this reported information is currently
presented to the public. DOE is adopting the other reorganized
requirements as proposed.
---------------------------------------------------------------------------

\20\ The Compliance Certification Database for dishwashers is
available at <a href="http://www.regulations.doe.gov/certification-data/CCMS-4-Dishwashers.html">www.regulations.doe.gov/certification-data/CCMS-4-Dishwashers.html</a>.
---------------------------------------------------------------------------

AHAM commented in support of the proposed dishwasher certification
requirement, stating that this requirement will ensure that any
assessment and enforcement testing can be accurate and conducted with
the same detergent used by the

[[Page 43970]]

manufacturer when determining compliance. (AHAM, No. 167, p. 2)
For the reasons discussed here and in the August 2021 Certification
NOPR, in this final rule, DOE is adopting the amended reporting
requirements for dishwashers as proposed in the August 2021
Certification NOPR.
3. Reporting Costs and Impacts
In the August 2021 Certification NOPR, DOE had tentatively
determined that the proposed additional reporting requirement 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 would be
requiring (i.e., whether a dishwasher model was tested using Cascade
Complete powder as the detergent formulation in lieu of Cascade with
the Grease Fighting Power of Dawn). DOE stated that it did not believe
the revised reporting requirements would cause any measurable change in
reporting burden or hours as compared to what dishwasher manufacturers
are currently doing today. 86 FR 43120, 43134.
DOE did not receive any comments on the certification and reporting
costs associated with the proposed reporting requirement for
dishwashers. In this final rule, DOE makes a final determination that
these amendments would not cause any measurable change in reporting
burden or hours for dishwasher manufacturers.

G. Commercial Clothes Washers

1. Scope of Applicability
DOE defines ``commercial clothes washer'' to mean 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 (``cu ft''), and for vertical-
axis clothes washers is not more than 4.0 cu ft; 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 is no longer
used as the basis for demonstrating compliance with energy conservation
standards. Since January 1, 2018, CCW basic models are subject to an
energy conservation standard using the MEF<INF>J2</INF> metric, and the
water efficiency standard using IWF, both of which can only be measured
using appendix J2, making the reporting requirements based on appendix
J1 obsolete.\21\
---------------------------------------------------------------------------

\21\ DOE removed appendix J1 and all references to appendix J1
in 10 CFR parts 429, 430, and 431 in the June 2022 RCW/CCW TP Final
Rule. 87 FR 33316, 33319, 33363.
---------------------------------------------------------------------------

Accordingly, DOE proposed in the August 2021 Certification NOPR to
remove the reporting requirements currently specified at 10 CFR
429.46(b)(2)(i) for models tested using appendix J1. 86 FR 43120,
43134. DOE also proposed to update the term ``water factor'' in the
test sampling plan for CCW at 10 CFR 429.46(a)(2)(i) to ``integrated
water factor'' to match the current metric used as the basis for
standards. Id.
AHAM commented in support of the removal of the outdated appendix
J1 requirements. (AHAM, No. 167, p. 2)
For the reasons discussed here and in the August 2021 Certification
NOPR, in this final rule, DOE is removing the appendix J1 reporting
requirements as proposed in the August 2021 Certification NOPR.
In addition, DOE proposed 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 remaining moisture content (``RMC'')
value (expressed as a percentage). 86 FR 43120, 43134. DOE also
proposed rounding instructions for each newly reported value. Id.
In general, AHAM requested DOE provide sufficient lead-time for any
adopted amendments to the reporting requirements. (AHAM, No. 167, p. 2)
As discussed, compliance with the amended reporting requirements is not
required until 210 days after publication of this final rule. The
specific reporting requirements are discussed in the following
paragraphs.
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 a
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 proposed 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. 86 FR 43120, 43134.
DOE also proposed accompanying sampling provisions for determining
the reported values for capacity. Id. Specifically, DOE proposed to add
new paragraph (a)(3) in 10 CFR 429.46, which specifies 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. Id. This new paragraph would parallel the existing requirement
for RCWs in 10 CFR 429.20(a)(3).
AHAM stated that it did not oppose the proposal to require
reporting clothes container capacity given that capacity is an element
of determining whether clothes washers meet the definition of a
``commercial clothes washer'' and is important to the calculation of
MEF and IWF. (AHAM, No. 167, pp. 2-3)
For the reasons discussed here and in the August 2021 Certification
NOPR, in this final rule, DOE is adopting the amendments regarding
container capacity as proposed in the August 2021 Certification NOPR.
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. In the August 2021
Certification NOPR, DOE proposed 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. 86 FR 43120,
43134.
AHAM stated that it did not oppose the proposal to require
reporting of loading axis. (AHAM, No. 167, p. 3)

[[Page 43971]]

For the reasons discussed here and in the August 2021 Certification
NOPR, in this final rule, DOE is adopting this amendment as proposed in
the August 2021 Certification NOPR.
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), as amended by the June 2022 RCW/CCW
TP Final Rule, specifies provisions for the determination of remaining
moisture content (``RMC'').\22\ The provisions at 10 CFR
429.134(c)(1)(i) address testing conducted to the new appendix J, and
those at 10 CFR 429.134(c)(1)(ii) address testing conducted to appendix
J2. In both cases, these provisions address anomalous RMC results that
are not representative of a basic model's performance, as well as
differences in RMC values that may result from DOE using a different
test cloth lot than was used by the manufacturer for testing and
certifying the basic model. These provisions describe DOE's approach
for determining the final RMC value under each possible testing
outcome: when the measured RMC value of a tested unit is equal to or
lower than the certified RMC value of the basic model; when the
measured RMC value of a tested unit is higher than the certified RMC
value of the basic model but the difference between the measured and
certified RMC values would not affect the unit's compliance with the
applicable standards; and when the measured RMC value of a tested unit
is higher than the certified RMC value of the basic model and the
difference between the measured and certified RMC values would affect
the unit's compliance with the applicable standards. These provisions
are further differentiated according to whether DOE used the same test
cloth lot or a different test cloth lot than was used by the
manufacturer for testing and certifying the basic model.\23\
---------------------------------------------------------------------------

\22\ 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 in
appendix J2 and the AEER calculation in new appendix J.
\23\ See 87 FR 33316, 33369-33371 for additional discussion of
the amendments adopted.
---------------------------------------------------------------------------

The application of this product-specific enforcement provision for
clothes washers requires a certified value of ``corrected'' RMC \24\
for each basic model. Therefore, DOE proposed 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.
86 FR 43120, 43134.
---------------------------------------------------------------------------

\24\ ``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 proposed accompanying sampling provisions for determining
the reported values for corrected RMC. Id. Specifically, DOE proposed
to add new paragraph (a)(4) in 10 CFR 429.46, which specifies 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.
Id. This new paragraph would parallel the existing requirements for
RCWs in 10 CFR 429.20(a)(4).
AHAM stated that it did not oppose the proposal to require
reporting corrected remaining moisture content and the proposed
sampling provisions. (AHAM, No. 167, p. 3)
For the reasons discussed here and in the August 2021 Certification
NOPR, in this final rule, DOE is adopting these amendments as proposed
in the August 2021 Certification NOPR.
d. Rounding Instructions
In the August 2021 Certification NOPR, DOE proposed to specify at
new Sec. 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. 86 FR 43120, 43134. These
rounding instructions are consistent with the existing rounding
instructions for RCWs specified at 10 CFR 429.20(c).
AHAM stated that it did not oppose the proposed rounding
requirements. (AHAM, No. 167, p. 3)
For the reasons discussed here and in the August 2021 Certification
NOPR, in this final rule, DOE is adopting the rounding instructions as
proposed in the August 2021 Certification NOPR.
3. Reporting Costs and Impacts
In the August 2021 Certification NOPR, DOE proposed adding three
additional reported values for CCWs (i.e., the clothes container
capacity, the type of loading, and the corrected RMC value). 86 FR
43120, 43135. Currently, manufacturers report two values, as described
in the previous section.
In the August 2021 Certification NOPR, DOE had tentatively
determined that the 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 under appendix
J2.\25\ DOE stated in the August 2021 Certification NOPR that it did
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. Id.
---------------------------------------------------------------------------

\25\ Although not specifically mentioned in the August 2021
Certification NOPR, the clothes container capacity and corrected RMC
values will also already be measured as part of the new appendix J
test procedure, as required for calculating AEER or EER, as
applicable to any future amended standards for CCWs.
---------------------------------------------------------------------------

DOE did not receive any comments on the certification and reporting
costs associated with the proposed reporting requirements for CCWs. In
this final rule, DOE makes a final determination that these amendments
to the reporting requirements for CCW would not cause any measurable
change in reporting burden or hours for CCW manufacturers.

H. Battery Chargers

1. Scope of Applicability
This final rule applies to battery chargers, which DOE defines as 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

[[Page 43972]]

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
proposed in the August 2021 Certification NOPR to explicitly specify in
10 CFR 429.12(d) that battery chargers be recertified annually on or
before September 1. 86 FR 43120, 43135.
DOE received one comment regarding the proposed annual filing date
for battery chargers. AHAM commented that the Appliance Standards and
Rulemaking Federal Advisory Committee (``ASRAC'') recommended that DOE
eliminate annual reporting requirements,\26\ and only require that a
model be certified whenever it is newly introduced, discontinued, or
changed in a way that alters energy use. (AHAM, No. 167, p. 3-4) AHAM
supported ASRAC's recommended removal of annual reporting requirements
and opposed the addition of an annual reporting requirement for battery
chargers. (Id.)
---------------------------------------------------------------------------

\26\ Strawman ASRAC Recommendation on Reducing Reporting Burden
(available at: <a href="http://www.regulations.gov/document/EERE-2013-BT-NOC-0005-0103">www.regulations.gov/document/EERE-2013-BT-NOC-0005-0103</a>).
---------------------------------------------------------------------------

DOE is maintaining the annual reporting requirement for battery
chargers with the amendments adopted in this final rule. The annual
reporting requirement is consistent with the requirements for all other
DOE covered products. For the reasons discussed in this final rule and
in the August 2021 Certification NOPR, in this final rule, DOE is
adopting the amendments to the reporting requirements for battery
chargers as proposed.
3. Reporting Costs and Impacts
In the August 2021 Certification NOPR, DOE proposed no changes to
the reported information required for battery chargers. DOE only
proposed to specify the annual date by which manufacturers must submit
annual certification filings to DOE. 86 FR 43120, 43135. DOE had
tentatively determined that the amendment would not impose additional
costs for manufacturers because manufacturers of battery chargers are
already submitting certification reports to DOE. The requirement
adopted in this final rule specifies that the annual reporting must be
submitted on or before September 1. Specifying the annual date by which
reports must be filed will not change the content or frequency of the
report, and therefore DOE has determined that the amendment to the
reporting requirements for battery chargers would not cause any
measurable change in reporting burden or hours for CCW manufacturers.

I. Dedicated-Purpose Pool Pumps

1. Scope of Applicability
This final rule applies to DPPPs, which by DOE's definition
includes 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.
2. Reporting
Certification report requirements are specified in 10 CFR
429.59(b)(2)(iv) and (b)(3)(iv) 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. 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 the August 2021 Certification NOPR, DOE
proposed 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). 86 FR 43120, 43135.
In addition, DOE proposed to amend the same provisions to specify
that they do not apply to integral cartridge-filter and sand filter
pool pumps. Id. Rather, because those pumps are subject to design
requirements, they have separate reporting requirements in 10 CFR
429.59(b)(2)(v).
DOE received one comment in response to the proposal to clarify the
certification requirement for certain models of DPPPs. NSF suggested
revising the reference to the industry standard incorporated by
reference. NSF stated that the reporting requirement should reference
NSF/ANSI/CAN 50-2020, ``Equipment and Chemicals for Swimming Pools,
Spas, Hot Tubs and Other Recreational Water Facilities'' and the
correct Annex reference is now Normative Annex 3, Section N-3.3. (NSF,
No. 168, p.1) DOE notes that this is the more recent version of the
material incorporated by reference at 10 CFR 431.463 (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''). Since
this rulemaking is limited to certification, DOE is not incorporating
the newer material by reference as part of this final rule. DOE will
consider this new standard during the next rulemaking process for
DPPPs.
DOE did not receive any other comments on its proposal to clarify
the certification requirements for certain models of DPPPs and is
finalizing them as proposed in the August 2021 Certification NOPR.
3. Reporting Costs and Impacts
In the August 2021 Certification NOPR, DOE proposed to clarify the
existing certification requirements for DPPPs. 86 FR 43120, 43135. DOE
did not receive any comments regarding the impact of the proposed
amendment. DOE has determined that the amendment would not impose
additional costs or burden for manufacturers.

J. Revised Certification Templates

DOE will revise the reporting templates 180 days prior to the
compliance date for the amended certification requirements adopted in
this rule. The specific templates that must be used for certifying
compliance of covered products and equipment to DOE are available for
download at <a href="http://www.regulations.doe.gov/ccms/templates">www.regulations.doe.gov/ccms/templates</a>.

K. Effective and Compliance Dates

The effective date for the adopted reporting requirement amendments
will be 30 days after publication of this final rule in the Federal
Register. Submission of the data specified by the amended reporting
provisions will be required for the applicable certification reports
that are required to be submitted under 10 CFR 429.12, beginning 210
days following publication of this final rule in the Federal Register,
but certification reports may be submitted in accordance with these
amended requirements prior to the compliance date if the manufacturer
elects to do so.

[[Page 43973]]

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 and 13563

Executive Order (``E.O.'') 12866, ``Regulatory Planning and
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving
Regulation and Regulatory Review, 76 FR 3821 (Jan. 21, 2011), requires
agencies, to the extent permitted by law, to (1) propose or adopt a
regulation only upon a reasoned determination that its benefits justify
its costs (recognizing that some benefits and costs are difficult to
quantify); (2) tailor regulations to impose the least burden on
society, consistent with obtaining regulatory objectives, taking into
account, among other things, and to the extent practicable, the costs
of cumulative regulations; (3) select, in choosing among alternative
regulatory approaches, those approaches that maximize net benefits
(including potential economic, environmental, public health and safety,
and other advantages; distributive impacts; and equity); (4) to the
extent feasible, specify performance objectives, rather than specifying
the behavior or manner of compliance that regulated entities must
adopt; and (5) identify and assess available alternatives to direct
regulation, including providing economic incentives to encourage the
desired behavior, such as user fees or marketable permits, or providing
information upon which choices can be made by the public. DOE
emphasizes as well that E.O. 13563 requires agencies to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible. In its guidance, the
Office of Information and Regulatory Affairs (``OIRA'') in the Office
of Management and Budget (``OMB'') has emphasized that such techniques
may include identifying changing future compliance costs that might
result from technological innovation or anticipated behavioral changes.
For the reasons stated in the preamble, this final regulatory action is
consistent with these principles.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to OIRA for review. OIRA has
determined that this final regulatory action does not constitute a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, this action was not submitted to OIRA for review under
E.O. 12866.

B. Review Under the Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of a final regulatory flexibility analysis (``FRFA'') for
any final rule where the agency was first required by law to publish a
proposed rule for public comment, unless the agency certifies that the
rule, if promulgated, will not have a significant economic impact on a
substantial number of small entities. As required by Executive Order
13272, ``Proper Consideration of Small Entities in Agency Rulemaking,''
67 FR 53461 (August 16, 2002), DOE published procedures and policies on
February 19, 2003, to ensure that the potential impacts of its rules on
small entities are properly considered during the DOE rulemaking
process. 68 FR 7990. DOE has made its procedures and policies available
on the Office of the General Counsel's website: <a href="http://www.energy.gov/gc/office-general-counsel">www.energy.gov/gc/office-general-counsel</a>.
DOE has concluded that the removal of outdated reporting
requirements and the addition of new reporting requirements as adopted
in this final rule will 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 determined that the
amendments will not impose additional costs for manufacturers because
manufacturers are already submitting certification reports to DOE and
should have readily available the information that DOE is requiring as
part of this rulemaking, and for DPPPs, the proposed amendments clarify
the existing reporting requirements. Consequently, for these types of
covered products and equipment, the changes in this final rule are not
expected to have a significant economic impact on related entities
regardless of size.
However, for electric steam boilers, no certification is currently
required. This final rule is amending 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) introductory text and
(e)(2)(iii)(B). For electric steam boiler manufacturers that are not
already certifying, the new certification requirements would result in
additional paperwork costs. Likewise, for grid-enabled water heaters,
this final rule is adding 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 will 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
reviewed manufacturer literature to create a list of companies that
import or otherwise manufacture the electric steam boilers covered by
this rulemaking. Using these sources, DOE identified five manufacturers
of electric steam boilers. Three of these five manufacturers are small
businesses. DOE estimates that the increased certification burden will
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.\27\ Using subscription-based market
research tools (e.g., Dun & Bradstreet company reports),\28\ DOE
developed annual revenue estimates for the three small businesses that
manufacture electric steam boilers. The estimated annual revenue for
the three small businesses ranges from $0.5 million to $24.1 million.
Therefore, this additional certification cost of $3,500 per
manufacturer represents less than 1 percent of each identified
manufacturer's annual revenue.
---------------------------------------------------------------------------

\27\ 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).
\28\ Dun & Bradstreet Hoovers subscription login is accessible
at: <a href="http://app.dnbhoovers.com/">app.dnbhoovers.com/</a> (Last accessed May 9, 2022).

---------------------------------------------------------------------------

[[Page 43974]]

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
CCD \29\ and the certified product directory of AHRI,\30\ and DOE also
reviewed manufacturer literature. Using these sources, DOE identified
four manufacturers of grid-enabled water heaters. The four
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.
---------------------------------------------------------------------------

\29\ U.S. Department of Energy CCMS (Available at:
<a href="http://www.regulations.doe.gov/ccms">www.regulations.doe.gov/ccms</a>).
\30\ AHRI Directory of Certified Product Performance (Available
at: <a href="http://www.ahridirectory.org/Search/SearchHome">www.ahridirectory.org/Search/SearchHome</a>).
---------------------------------------------------------------------------

DOE reviewed this final 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 concludes that the impacts
of the amendments to DOE's certification regulations adopted in this
final rule will not have a ``significant economic impact on a
substantial number of small entities.'' Accordingly, DOE has not
prepared an FRFA for this final rule. 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 comply with any applicable energy
conservation standards. To certify compliance, manufacturers must first
obtain test data for their products according to the DOE test
procedures, including any amendments adopted for those test procedures.
DOE's current reporting requirements are approved under OMB Control
Number 1910-1400.
1. Description of the Requirements
DOE is amending the reporting requirements for CFLKs, GSILs, IRLs,
ceiling fans, consumer furnaces and boilers, consumer water heaters,
dishwashers, CCWs, battery chargers, and DPPPs, and has sent a revised
information collection request 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 requiring that respondents submit electronic forms using
DOE's online CCMS. DOE's CCMS is publicly accessible at
<a href="http://www.regulations.doe.gov/ccms">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 adopted in this final rule. These
estimates take into account the time necessary to develop any
additional testing documentation, maintain any additional documentation
supporting the development of the certified rating for each basic
model, complete any additional certification, and submit any additional
required documents to DOE electronically.
DOE has determined that these amendments will not impose additional
costs for manufacturers of 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 requiring as part of this rulemaking. DOE has also determined
that these amendments will not impose additional costs for
manufacturers of DPPPs because the adopted language only clarifies the
existing certification requirements.
DOE's amendments for the reporting requirements for electric steam
boilers will require new certification reporting for electric steam
boilers manufacturers and importers. DOE estimates there are five
manufacturers of electric steam boilers that would have to submit
annual certification reports to DOE for those products based on the
adopted reporting requirements. The following section estimates the
burden for these five 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: 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.
For grid-enabled consumer water heaters, DOE is adding reporting
requirements to 10 CFR 429.17 that will 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 reporting provisions in this final rule.
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: 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.
4. Conclusion
DOE has concluded that the removal of outdated reporting
requirements and the addition of reporting requirements as adopted in
this final rule will not impose additional costs for manufacturers of
CFLKs, GSILs, IRLs, ceiling fans, most consumer furnaces and boilers,
dishwashers, CCWs, battery chargers, and DPPPs (see sections III.A.3,
III.B.3, III.C.3, III.D.3, III.F.3, III.G.3, III.H.3, and III.I.3 of
this document for a more complete discussion). Furthermore, DOE has
concluded that there are five electric

[[Page 43975]]

steam boiler manufacturers and four consumer water heater manufacturers
that will have to submit new annual certification reports to DOE for
those products. For all other manufacturers of covered products or
equipment described in this final rule, the public reporting burden for
certification remains unchanged.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

In this final rule, DOE establishes amended certification and
reporting requirements for CFLKs, GSILs and IRLs, ceiling fans,
consumer furnaces and boilers (except electric steam boilers),
dishwashers, CCWs, battery chargers, and DPPPs. DOE has determined that
this rule falls into a class of actions that are categorically excluded
from review under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and DOE's implementing regulations at 10 CFR part
1021. Specifically, DOE has determined that adopting certification and
reporting requirements for consumer products and industrial equipment
is consistent with activities identified in 10 CFR part 1021, appendix
A to subpart D, A5 and A6. Accordingly, neither an environmental
assessment nor an environmental impact statement is required.

E. Review Under Executive Order 13132

Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. The Executive order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. 65 FR 13735. DOE examined this final
rule and determined that it will not have a substantial direct effect
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of this final rule. States can petition
DOE for exemption from such preemption to the extent, and based on
criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is
required by Executive Order 13132.

F. Review Under Executive Order 12988

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

G. Review Under the Unfunded Mandates Reform Act of 1995

Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action resulting in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at <a href="http://www.energy.gov/gc/office-general-counsel">www.energy.gov/gc/office-general-counsel</a>. DOE examined this final
rule according to UMRA and its statement of policy and determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure of $100 million or more in any year,
so these requirements do not apply.

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

Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This final rule will not have any impact on the autonomy or integrity
of the family as an institution. Accordingly, DOE has concluded that it
is not necessary to prepare a Family Policymaking Assessment.

I. Review Under Executive Order 12630

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

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

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

[[Page 43976]]

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="http://www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf">www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf</a>. DOE has
reviewed this final rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.

K. Review Under Executive Order 13211

Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that (1) is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
This regulatory action is not a significant regulatory action under
Executive Order 12866. Moreover, it would not have a significant
adverse effect on the supply, distribution, or use of energy, nor has
it been designated as a significant energy action by the Administrator
of OIRA. Therefore, it is not a significant energy action, and,
accordingly, DOE has not prepared a Statement of Energy Effects.

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

Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977 (15 U.S.C. 788;
``FEAA''). Section 32 essentially provides in relevant part that, where
a proposed rule authorizes or requires use of commercial standards, the
notice of proposed rulemaking must inform the public of the use and
background of such standards. In addition, section 32(c) requires DOE
to consult with the Attorney General and the Chairman of the Federal
Trade Commission (``FTC'') concerning the impact of the commercial or
industry standards on competition.
The 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
adopted in this final rule 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.''

N. Congressional Notification

As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of this rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).

V. Approval of the Office of the Secretary

The Secretary of Energy has approved publication of this final
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 14,
2022, by Kelly J. Speakes-Backman, Principal Deputy Assistant Secretary
for Energy Efficiency and Renewable Energy, pursuant to delegated
authority from the Secretary of Energy. That document with the original
signature and date is maintained by DOE. For administrative purposes
only, and in compliance with requirements of the Office of the Federal
Register, the undersigned DOE Federal Register Liaison Officer has been
authorized to sign and submit the document in electronic format for
publication, as an official document of the Department of Energy. This
administrative process in no way alters the legal effect of this
document upon publication in the Federal Register.

Signed in Washington, DC, on July 15, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

For the reasons stated in the preamble, DOE amends part 429 of
chapter II of title 10, Code of Federal Regulations as set forth below:

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

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:

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:

[[Page 43977]]

Table 1 to Paragraph (d)
------------------------------------------------------------------------
Product category Deadline for data submission
------------------------------------------------------------------------
Portable air conditioners............. February 1.
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; Fauc

[…truncated; see source link]

View on FederalRegister.gov →Plain-text source

Indexed from Federal Register on July 22, 2022.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.