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Rule2023-06760

Energy Conservation Program: Test Procedure for Computer Room Air Conditioners

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Published

April 11, 2023

Effective

May 11, 2023

Issuing agencies

Energy Department

Abstract

The U.S. Department of Energy ("DOE") is publishing a final rule to amend its test procedure for computer room air conditioners ("CRACs"). DOE is incorporating by reference the latest version of the relevant industry consensus test standard, AHRI 1360-2022. DOE is also adopting the net sensible coefficient of performance ("NSenCOP") metric in its test procedures for CRACs. Additionally, DOE is amending certain provisions for representations and enforcement.

Full Text

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[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Rules and Regulations]
[Pages 21816-21842]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06760]

[[Page 21815]]

Vol. 88

Tuesday,

No. 69

April 11, 2023

Part III

Department of Energy

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10 CFR Parts 429 and 431

Energy Conservation Program: Test Procedure for Computer Room Air
Conditioners; Final Rule

Federal Register / Vol. 88, No. 69 / Tuesday, April 11, 2023 / Rules
and Regulations

[[Page 21816]]

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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[EERE-2021-BT-TP-0017]
RIN 1904-AE45

Energy Conservation Program: Test Procedure for Computer Room Air
Conditioners

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'') is publishing a final
rule to amend its test procedure for computer room air conditioners
(``CRACs''). DOE is incorporating by reference the latest version of
the relevant industry consensus test standard, AHRI 1360-2022. DOE is
also adopting the net sensible coefficient of performance (``NSenCOP'')
metric in its test procedures for CRACs. Additionally, DOE is amending
certain provisions for representations and enforcement.

DATES: The effective date of this rule is May 11, 2023. The final rule
changes will be mandatory for CRAC equipment testing starting April 5,
2024. The incorporation by reference of certain materials listed in
this rule is approved by the Director of the Federal Register on May
11, 2023.

ADDRESSES: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts, comments, and other supporting
documents/materials, is available for review at <a href="http://www.regulations.gov">www.regulations.gov</a>
under docket number EERE-2021-BT-TP-0017. All documents in the docket
are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a> index. However, not all documents
listed in the index may be publicly available, such as those containing
information that is exempt from public disclosure.
A link to the docket web page can be found at: <a href="http://www.regulations.gov/docket/EERE-2021-BT-TP-0017">www.regulations.gov/docket/EERE-2021-BT-TP-0017</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#f0b180809c99919e9395a384919e9491829483a185958384999f9e83b09595de949f95de979f86">[email&#160;protected]</a>.

FOR FURTHER INFORMATION CONTACT:
Ms. Catherine Rivest, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 586-7335. Email: <a href="/cdn-cgi/l/email-protection#024372726e6b636c61675176636c666370667153776771766b6d6c714267672c666d672c656d74">[email&#160;protected]</a>.
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-5827. Email: <a href="/cdn-cgi/l/email-protection#93d6e1faf0bdc0e7f2e0d3fbe2bdf7fcf6bdf4fce5">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION: DOE incorporates by reference the following
industry standards:
AHRI Standard 1360-2022 (I-P), ``2022 Standard for Performance
Rating of Computer and Data Processing Room Air Conditioners'',
copyright 2022 (``AHRI 1360-2022'') into parts 429 and 431.
ANSI/ASHRAE Standard 37-2009, ``Methods of Testing for Rating
Electrically Driven Unitary Air-Conditioning and Heat Pump Equipment,''
approved June 24, 2009 (``ANSI/ASHRAE 37-2009'') into part 431.
ASHRAE Standard 127-2007, ``Method of Testing for Rating Computer
and Data Processing Room Unitary Air Conditioners'', approved June 28,
2007 (``ANSI/ASHRAE 127-2007'') into part 431.
ANSI/ASHRAE 127-2020, ``Method of Testing for Rating Air-
Conditioning Units Serving Data Center (DC) and Other Information
Technology Equipment (ITE) Spaces'', ANSI-approved November 30, 2020
(``ANSI/ASHRAE 127-2020'') into part 431.
Copies of AHRI 1360-2022 can be obtained from the Air-Conditioning,
Heating, and Refrigeration Institute (``AHRI''), 2311 Wilson Blvd.,
Suite 400, Arlington, VA 22201, (703) 524-8800, or online at:
<a href="http://www.ahrinet.org">www.ahrinet.org</a>.
Copies of ANSI/ASHRAE 37-2009, ANSI/ASHRAE 127-2007, and ANSI/
ASHRAE 127-2020, can be obtained from the American National Standards
Institute (``ANSI''), 25 W 43rd Street, 4th Floor, New York, NY 10036,
(212) 642-4900, or online at: <a href="http://webstore.ansi.org/">webstore.ansi.org/</a>.
For a further discussion of these standards, see section IV.N of
this document.

Table of Contents

I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. Scope of Applicability
B. Revised Organization of the CRAC Test Procedure
C. Updates to Industry Test Standards
D. Definitions
1. CRAC Definition
2. CRAC Configuration Definitions
E. Metric
1. NSenCOP
2. Integrated Efficiency Metric
3. Part-Load Operation and Air Circulation Mode
4. Controls Verification Procedure
F. Configuration of Unit Under Test
1. Background and Summary
2. Approach for Exclusion of Certain Components
3. Non-Standard Indoor Fan Motors
G. Represented Values
1. Multiple Refrigerants
2. Net Sensible Cooling Capacity
3. Validation Class for Glycol-Cooled CRACs
H. Effective and Compliance Dates
I. Test Procedure Costs
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. Congressional Notification
N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary

I. Authority and Background

Small, large, and very large commercial package air conditioning
and heating equipment are included in the list of ``covered equipment''
for which the U.S. Department of Energy (``DOE'') is authorized to
establish and amend energy conservation standards and test procedures.
(42 U.S.C. 6311(1)(B)-(D)) Commercial package air conditioning and
heating equipment includes computer room air conditioners (``CRACs'')
as an equipment category. DOE's test procedures for CRACs are currently
prescribed at title 10 of the Code of Federal Regulations (``CFR''),
Table 1 to Sec. 431.96. The following sections discuss DOE's authority
to establish and amend test procedures for CRACs and relevant
background information regarding DOE's consideration of amendments to
the test procedures for this equipment.

[[Page 21817]]

A. Authority

The Energy Policy and Conservation Act, as amended (``EPCA''),\1\
among other things, authorizes DOE to regulate the energy efficiency of
a number of consumer products and certain industrial equipment. (42
U.S.C. 6291-6317) Title III, Part C \2\ of EPCA, Public Law 94-163 (42
U.S.C. 6311-6317, as codified), added by Public Law 95-619, Title IV,
section 441(a), established the Energy Conservation Program for Certain
Industrial Equipment, which sets forth a variety of provisions designed
to improve energy efficiency. This covered equipment includes small,
large, and very large commercial package air conditioning and heating
equipment. (42 U.S.C. 6311(1)(B)-(D)) Commercial package air
conditioning and heating equipment includes CRACs, which are the
subject of this final rule.
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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 C was redesignated Part A-1.
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The energy conservation program under EPCA consists essentially of
four parts: (1) testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA include definitions (42 U.S.C. 6311), energy
conservation standards (42 U.S.C. 6313), test procedures (42 U.S.C.
6314), labeling provisions (42 U.S.C. 6315), and the authority to
require information and reports from manufacturers (42 U.S.C. 6316).
The Federal testing requirements consist of test procedures that
manufacturers of covered equipment must use as the basis for: (1)
certifying to DOE that their equipment complies with the applicable
energy conservation standards adopted pursuant to EPCA (42 U.S.C.
6316(b); 42 U.S.C. 6296), and (2) making other representations about
the efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE
uses these test procedures to determine whether the equipment complies
with relevant standards promulgated under EPCA.
Federal energy efficiency requirements for covered equipment
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6316(a) and (b); 42 U.S.C. 6297) DOE may, however, grant waivers
of Federal preemption in limited circumstances for particular State
laws or regulations, in accordance with the procedures and other
provisions of EPCA. (42 U.S.C. 6316(b)(2)(D))
Under 42 U.S.C. 6314, EPCA also sets forth the criteria and
procedures DOE must follow when prescribing or amending test procedures
for covered equipment. Specifically, EPCA requires that any test
procedures prescribed or amended under this section must be reasonably
designed to produce test results which reflect energy efficiency,
energy use, or estimated annual operating cost of a given type of
covered equipment (or class thereof) during a representative average
use cycle and requires that test procedures not be unduly burdensome to
conduct. (42 U.S.C. 6314(a)(2))
EPCA requires that the test procedures for commercial package air
conditioning and heating equipment (of which CRACs are a category) be
those generally accepted industry testing procedures or rating
procedures developed or recognized by the Air-Conditioning, Heating and
Refrigeration Institute (``AHRI'') or by the American Society of
Heating, Refrigerating, and Air-Conditioning Engineers (``ASHRAE''), as
referenced in ASHRAE Standard 90.1, ``Energy Standard for Buildings
Except Low-Rise Residential Buildings'' (``ASHRAE Standard 90.1''). (42
U.S.C. 6314(a)(4)(A)) Further, if such an industry test procedure is
amended, DOE must update its test procedure to be consistent with the
amended industry test procedure, unless DOE determines, by rule
published in the Federal Register and supported by clear and convincing
evidence, that such amended test procedure would not meet the
requirements in 42 U.S.C. 6314(a)(2) and (3) related to representative
use and test burden. (42 U.S.C. 6314(a)(4)(B))
EPCA also requires that, at least once every seven years, DOE
evaluate test procedures for each type of covered equipment, including
CRACs, to determine whether amended test procedures would more
accurately or fully comply with the requirements for the test
procedures to not be unduly burdensome to conduct and be reasonably
designed to produce test results that reflect energy efficiency, energy
use, and estimated operating costs during a representative average use
cycle. (42 U.S.C. 6314(a)(1)-(3))
In addition, if DOE determines that a test procedure amendment is
warranted, the Department must publish proposed test procedures in the
Federal Register and afford interested persons an opportunity (of not
less than 45 days' duration) to present oral and written data, views,
and arguments on the proposed test procedures. (42 U.S.C. 6314(b)) If
DOE determines that test procedure revisions are not appropriate, DOE
must publish in the Federal Register its determination not to amend the
test procedures. (42 U.S.C. 6314(a)(1)(A)(ii))
DOE is publishing this final rule amending the test procedure for
CRACs in satisfaction of its aforementioned obligations under EPCA.

B. Background

On May 16, 2012, DOE published a final rule in the Federal
Register, which, in relevant part, adopted test procedures for CRACs
that incorporate by reference American National Standards Institute
(``ANSI'')/ASHRAE Standard 127-2007, ``Method of Testing for Rating
Computer and Data Processing Room Unitary Air Conditioners'' (``ANSI/
ASHRAE 127-2007''), which was the industry test procedure referenced in
ASHRAE Standard 90.1-2010 for CRACs, as the basis for the Federal test
procedure for such equipment. 77 FR 28928, 28989.
On October 26, 2016, ASHRAE published ASHRAE Standard 90.1-2016,
which included updates to the test procedure (``TP'') references for
CRACs as compared to ASHRAE Standard 90.1-2010 and ASHRAE Standard
90.1-2013.\3\ This action by ASHRAE triggered DOE's obligations under
42 U.S.C. 6314(a)(4)(B), as outlined previously. Accordingly, DOE
published a request for information (``RFI'') in the Federal Register
on July 25, 2017 (``July 2017 ASHRAE TP RFI'') to collect information
and data in consideration of amendments to DOE's test procedures for
commercial package air conditioning and heating equipment, given the
test procedure updates included in ASHRAE Standard 90.1-2016. 82 FR
34427. Following the July 2017 ASHRAE TP RFI, AHRI published additional
updates to its test procedure standard for CRACs on December 21, 2017
(i.e., AHRI Standard 1360-2017, ``2017 Standard for Performance Rating
of Computer and Data Processing Room Air Conditioners'' (``AHRI 1360-
2017'')). ASHRAE published ASHRAE Standard 90.1-2019 on October 24,
2019, which updated the test procedure referenced for CRACs from AHRI
1360-2016 to AHRI 1360-2017 and added equipment classes for ceiling-
mounted CRACs. Following the publication of ASHRAE Standard 90.1-2019,
AHRI initiated work on an update to AHRI Standard 1360 (i.e., AHRI
Standard 1360-202X Draft, ``Performance Rating of Computer and Data
Processing Room

[[Page 21818]]

Air Conditioners (``Draft Standard'')'' (``AHRI 1360-202X Draft'').
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\3\ More specifically, ASHRAE Standard 90.1-2016 references AHRI
1360-2016, ``Standard for Performance Rating of Computer and Data
Processing Room Air Conditioners'' for CRACs.
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On February 7, 2022, DOE published in the Federal Register a notice
of proposed rulemaking (``NOPR'') (``February 2022 NOPR'') proposing,
in relevant part, to update the Federal test procedure for CRACs
consistent with AHRI 1360-202X Draft. 87 FR 6948. A copy of the draft
was added to the docket for this rulemaking for review by interested
parties.\4\ As stated in the February 2022 NOPR, if AHRI were to
publish a final version of AHRI 1360-202X Draft prior to DOE publishing
a final rule, DOE's intention would be to reference the latest version
of AHRI 1360 in the final rule. 87 FR 6948, 6951 (Feb. 7. 2022). DOE
held a public meeting webinar on March 15, 2022, to discuss the
proposed amendments to the CRACs test procedure presented in the
February 2022 NOPR.
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\4\ The AHRI 1360-202X Draft test procedure is available in the
docket for this rulemaking at: <a href="http://www.regulations.gov/document/EERE-2021-BT-TP-0017-0001">www.regulations.gov/document/EERE-2021-BT-TP-0017-0001</a>.
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DOE received several comments in response to the February 2022
NOPR. Table I.1 lists the commenters, along with each commenter's
abbreviated name used throughout the final rule. Discussion of these
comments, along with DOE's responses, are provided in the appropriate
sections of this document.
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\5\ AHRI's comment was received 23 days after the comment
submission deadline.

Table I.1--List of Commenters With Written Submissions in Response to the February 2022 NOPR
----------------------------------------------------------------------------------------------------------------
Abbreviation used in this Comment No. in
Commenter(s) final rule the docket Commenter type
----------------------------------------------------------------------------------------------------------------
Air-Conditioning, Heating and AHRI \5\.................. 9 Industry Trade
Refrigeration Institute. Organization.
Appliance Standards Awareness Project, Joint Advocates........... 7 Efficiency Advocacy
American Council for an Energy- Organizations.
Efficient Economy, Natural Resources
Defense Council and New York State
Energy Research and Development
Authority.
Northwest Energy Efficiency Alliance.... NEEA...................... 5 Efficiency Advocacy
Organization.
Pacific Gas and Electric Company CA IOUs................... 6 Utilities.
(``PG&E''), San Diego Gas and Electric,
and Southern California Edison;
collectively, the California Investor-
Owned Utilities.
----------------------------------------------------------------------------------------------------------------

A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\6\
To the extent that interested parties have provided written comments
that are substantively similar to any oral comments provided during the
March 15, 2022 NOPR public meeting, DOE cites the written comments
throughout this final rule. Any oral comments provided during the
webinar that are substantively distinct from a submitter's written
comments are summarized and cited separately throughout this final
rule.\7\
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\6\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
test procedures for CRACs. (Docket No. EERE-2021-BT-TP-0017, 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).
\7\ The March 15, 2022 TP NOPR Public Meeting Transcript can be
found in the docket for this rulemaking at: <a href="http://www.regulations.gov">www.regulations.gov</a>
under entry number EERE-2021-BT-TP-0017-0008. Comments arising from
the public meeting are cited as follows: (commenter name, Public
Meeting Transcript, No. 8 at p. X).
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On March 7, 2022, DOE published in the Federal Register a NOPR
proposing revised energy conservation standards (``March 2022 ECS
NOPR'') for CRACs in terms of net sensible coefficient of performance
(``NSenCOP''). 87 FR 12802. DOE conducted a crosswalk analysis to
translate the current Federal standards in terms of sensible
coefficient of performance (``SCOP'') to equivalent levels in terms of
NSenCOP to evaluate potential amendments to the energy conservation
standards, as appropriate. Id. at 87 FR 12817-12826. Any comments
received in response to the February 2022 NOPR that pertain to energy
conservation standards will be addressed in the energy conservation
standards rulemaking and are not addressed in this document.
In November, 2022, AHRI finalized AHRI 1360-202X Draft without
substantial change and published AHRI Standard 1360-2022, ``Performance
Rating of Computer and Data Processing Room Air Conditioners (``AHRI
1360-2022'').
In January 2023, ASHRAE published the 2022 edition of ASHRAE
Standard 90.1, ``Energy Standard for Buildings Except Low-Rise
Residential Buildings'' (``ASHRAE Standard 90.1-2022''). ASHRAE
Standard 90.1-2022 maintains AHRI 1360-2017 as the referenced test
procedure reference for CRACs.

II. Synopsis of the Final Rule

In this final rule, DOE is updating its regulations for CRACs by:
(1) incorporating by reference the updated version of AHRI Standard
1360 (i.e., AHRI 1360-2022), as well as the relevant industry test
standards referenced in AHRI 1360-2022; (2) establishing provisions for
determining NSenCOP for CRACs; (3) clarifying the definition of a
``computer room air conditioner'' to include consideration of how the
equipment is marketed; and (4) amending certain provisions for
representations and enforcement in 10 CFR part 429, consistent with the
changes adopted in the test procedure. In terms of implementation, DOE
is adding new appendices E and E1 to subpart F of 10 CFR part 431,
``Uniform test method for measuring the energy consumption of computer
room air conditioners,'' (``appendix E'' and ``appendix E1,''
respectively). The current DOE test procedure for CRACs is being
relocated to appendix E without change, and the new test procedure
incorporating by reference AHRI 1360-2022 is being established in
appendix E1 for determining NSenCOP. Testing in accordance with
appendix E1 is not required until such time as compliance is required
with amended energy conservation standards for CRACs that rely on
NSenCOP, should DOE adopt such standards. After such time, appendix E
will no longer be used as part of the Federal test procedure.
The adopted amendments are summarized in Table II.1 and compared to
the relevant test procedure provisions in place prior to the amendment,
as well as the reason for the adopted change.

[[Page 21819]]

Table II.1--Summary of Changes in the Amended CRACs Test Procedure
Relative to Current Test Procedure
------------------------------------------------------------------------
DOE test procedure prior to Amended test
amendment procedure Attribution
------------------------------------------------------------------------
Located in 10 CFR 431.96.... Current test Improve readability.
procedure unchanged
but relocated to
appendix E.
Incorporates by reference Incorporates by Updates to the
ANSI/ASHRAE 127-2007. reference in a new applicable industry
appendix E1--AHRI test procedures.
1360-2022, ANSI/
ASHRAE 127-2020,
and ANSI/ASHRAE 37-
2009.
Includes provisions for Includes provisions Updates to the
determining SCOP. for determining applicable industry
NSenCOP in appendix test procedures.
E1.
CRAC definition criteria CRAC definition To more clearly
include: (1) used in criteria include: define CRACs and
computer rooms (or similar (1) marketed for distinguish from
applications); (2) whether use in computer other equipment
rated for SCOP and tested rooms (or similar categories.
in accordance with 10 CFR applications); and
431.96; and (3) not a (2) not a consumer
consumer product. product.
Does not specify provisions Defines roof, wall, Updates to the
specific to testing roof, and ceiling-mounted applicable industry
wall, and ceiling-mounted CRAC configurations test procedures.
CRAC units. and provides test
provisions specific
to such units.
Does not include CRAC- Includes provisions Establish CRAC-
specific provisions for in 10 CFR 429.43 specific provisions
determination of specific to CRACs for determination
represented values in 10 to determine of represented
CFR 429.43. represented values values.
for models with
specific components
and prevent cooling
capacity over-
rating.
Does not include CRAC- Adopts product- Establish provisions
specific enforcement specific for DOE enforcement
provisions in 10 CFR enforcement testing of CRACs.
429.134. provisions for
CRACs regarding
verification of
cooling capacity
and testing of
units with specific
components.
------------------------------------------------------------------------

DOE has determined that the amendments described in section III of
this final rule regarding the establishment of appendix E do not alter
the measured efficiency of CRACs or require retesting solely as a
result of DOE's adoption of the amendments to the test procedure. DOE
has determined, however, that the test procedure amendments in appendix
E1 do alter the measured efficiency of CRACs and that such amendments
are consistent with the updated industry test procedure. Further, use
of appendix E1 and the amendments to the representation requirements in
10 CFR 429.43 are not required until the compliance date of any amended
standards denominated in terms of NSenCOP, if adopted. However,
manufacturers may use appendix E1 to certify compliance with any
amended standards prior to the applicable compliance date for those
standards. Additionally, DOE has determined that the finalized
amendments will not increase the cost of testing. The effective date
for the amended test procedures adopted in this final rule is 30 days
after publication of this document in the Federal Register. Detailed
discussion of DOE's actions is included in section III of this final
rule.

III. Discussion

A. Scope of Applicability

DOE currently defines ``computer room air conditioner'' as a basic
model of commercial package air-conditioning and heating equipment
(packaged or split) that is: used in computer rooms, data processing
rooms, or other information technology cooling applications; rated for
SCOP and tested in accordance with 10 CFR 431.96; and is not a covered
consumer product under 42 U.S.C. 6291(1)-(2) and 42 U.S.C. 6292. A CRAC
may be provided with, or have as available options, an integrated
humidifier, temperature and/or humidity control of the supplied air,
and reheating function. 10 CFR 431.92. DOE did not receive any comments
from stakeholders regarding any revision of scope for this rulemaking.
As discussed in section III.D.1 of this document, DOE is amending
the definition of CRAC in this final rule. Specifically, DOE is
revising the definition of ``computer room air conditioner'' to mean
commercial package air conditioning and heating equipment (packaged or
split) that is: marketed for use in computer rooms, data processing
rooms, or other information technology cooling applications and not a
covered consumer product under 42 U.S.C. 6291(1)-(2) and 6292. A
computer room air conditioner may be provided with, or have as
available options, an integrated humidifier, temperature and/or
humidity control of the supplied air, and reheating function. Computer
room air conditioners include, but are not limited to, the following
configurations as defined in 10 CFR 431.92: down-flow, horizontal-flow,
up-flow ducted, up-flow non-ducted, ceiling-mounted ducted, ceiling
mounted non-ducted, roof-mounted, and wall-mounted. The scope of the
CRAC test procedure, as amended by this final rule, is based on this
revised definition.

B. Revised Organization of the CRAC Test Procedure

In the February 2022 NOPR, DOE proposed to relocate and centralize
the current test procedure for CRACs to a new appendix E to subpart F
of 10 CFR part 431, without change. 87 FR 6948, 6952 (Feb. 7, 2022). As
proposed, appendix E would continue to reference ANSI/ASHRAE 127-2007
and provide instructions for determining SCOP. Id. As proposed, CRACs
would be required to be tested according to appendix E until such time
as compliance is required with amended energy conservation standards
that rely on the NSenCOP metric, should DOE adopt such standards. Id.
Accordingly, in parallel, DOE proposed to establish an amended test
procedure for CRACs that adopted the substance of AHRI 1360-202X Draft
in a new appendix E1 to subpart F of 10 CFR part 431. Id. DOE noted
that it intended to incorporate by reference the final published
version of AHRI 1360-202X Draft in the final rule, unless there were
substantive changes between the draft and published versions, in which
case DOE may adopt the substance of AHRI 1360-202X Draft or provide
additional opportunity for comment on changes presented in the final
version of the industry consensus test standard. Id. DOE noted that
CRACs would not be

[[Page 21820]]

required to be tested according to the test procedure in appendix E1
until such time as compliance is required with amended energy
conservation standards that rely on the NSenCOP metric, should DOE
adopt such standards. Id.
DOE did not receive any comments in response to the February 2022
NOPR's proposed reorganization of the test procedure. As discussed in
the following sections of this final rule, DOE is adopting the
finalized version of AHRI 1360 (i.e., AHRI 1360-2022), including the
NSenCOP metric. AHRI 1360-2022 does not include any significant
revisions as compared to AHRI 1360-202X Draft Accordingly, for the
reasons discussed in the February 2022 NOPR and as discussed in the
preceding paragraphs, DOE is finalizing the proposed reorganization of
the test procedure by establishing appendices E and E1 for testing
CRACs.

C. Updates to Industry Test Standards

As noted previously, DOE's current test procedure for CRACs is
codified at 10 CFR 431.96 and incorporates by reference ANSI/ASHRAE
Standard 127-2007,\8\ which is the test procedure recognized by ASHRAE
Standard 90.1-2010 for CRACs. However, the 2019 and 2022 versions of
ASHRAE Standard 90.1 recognize AHRI 1360-2017 as the test procedure for
CRACs.
---------------------------------------------------------------------------

\8\ While ANSI/ASHRAE Standard 127-2007 is incorporated by
reference in its entirety, Table 1 to 10 CFR 431.96 (which defines
the applicable test methods for each category of equipment) excludes
section 5.11 of ANSI/ASHRAE Standard 127-2007 for testing CRACs. The
test procedure also includes additional provisions related to break-
in period and test set-up. See 10 CFR 431.96(c) and (e).
---------------------------------------------------------------------------

After publication of AHRI 1360-2017, DOE and other stakeholders
supported the AHRI 1360 committee in its process to further update AHRI
Standard 1360, which culminated in the publication of AHRI 1360-2022.
AHRI 1360-2022 references ANSI/ASHRAE 127-2020, ``Method of Testing for
Rating Computer and Data Processing Room Unitary Air Conditioners''
(``ANSI/ASHRAE 127-2020''),\9\ and ANSI/ASHRAE 37-2009, ``Methods of
Testing for Rating Electrically Driven Unitary Air-Conditioning and
Heat Pump Equipment'' (``ANSI/ASHRAE 37-2009''). Both AHRI 1360-2017
and AHRI 1360-2022 include significant changes from ANSI/ASHRAE 127-
2007, including the use of NSenCOP instead of SCOP as the test metric.
Both efficiency metrics (NSenCOP and SCOP) are ratios of net sensible
cooling capacity delivered to the power consumed, but there are several
differences in the conditions at which tests are performed. Section
III.E.1 of this final rule includes further discussion of the
differences between these test metrics.
---------------------------------------------------------------------------

\9\ ASHRAE published ANSI/ASHRAE Standard 127-2020 on November
30, 2020.
---------------------------------------------------------------------------

In the February 2022 NOPR, DOE proposed to adopt AHRI 1360-202X
Draft and provided a copy of that industry test standard in the
regulatory docket.\10\ 87 FR 6948, 6952 (Feb. 7, 2022).
---------------------------------------------------------------------------

\10\ See Document No. EERE-2021-BT-TP-0017-0001 at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
---------------------------------------------------------------------------

In response to the February 2022 NOPR, AHRI commented that the AHRI
1360-202X draft standard was not yet complete (at the time), and
manufacturers, particularly those of newly included equipment, had not
yet had an opportunity to evaluate the impact of this change, nor had
the ASHRAE 90.1 committee. (AHRI, No. 9 at p. 2) AHRI further commented
that DOE does not have the authority to adopt a test procedure edition
not yet cited in ASHRAE Standard 90.1 as the national test procedure.
Id. Consequently, AHRI recommended that DOE should adopt AHRI 1360-
2017, continue to work with AHRI and other relevant stakeholders to
finalize the new edition of the test procedure, support the
introduction of a proposed amendment to ASHRAE Standard 90.1, and then
adopt the new procedure as the national test procedure during the next
rulemaking for these products. (AHRI, No. 9 at p. 3)
After the publication of the February 2022 NOPR, AHRI 1360-202X
Draft was finalized and issued as AHRI 1360-2022 in November, 2022.
AHRI 1360-2022 does not include any significant deviations from AHRI
1360-202X Draft. As such, the adoption of AHRI 1360-2022 in this final
rule is consistent with the proposal to reference AHRI 1360-202X Draft
in the February 2022 NOPR.
AHRI's concern regarding the draft status of AHRI 1360-202X Draft
no longer applies, given the subsequent finalization of the draft and
publication of AHRI 1360-2022. DOE notes that the Department was
heavily involved with the AHRI 1360 committee, along with relevant
industry stakeholders, to aid in the development of AHRI 1360-2022. DOE
further notes that AHRI 1360-2022 represents an industry consensus
update to AHRI 1360-2017. DOE disagrees with AHRI's argument that it
lacks statutory authority for the adoption of AHRI 1360-2022, rather
than AHRI 1360-2017, for the reasons that follow.
With respect to small, large, and very large commercial package air
conditioning and heating equipment (of which CRACs are a category),
EPCA directs that when the generally accepted industry testing
procedures or rating procedures developed or recognized by AHRI or by
ASHRAE, as referenced in ASHRAE Standard 90.1, is amended, the
Secretary shall amend the DOE test procedure consistent with the
amended industry test procedure or rating procedure unless the
Secretary determines, by clear and convincing evidence, that to do so
would not meet the requirements for test procedures to produce results
representative of an average use cycle and is not unduly burdensome to
conduct. (42 U.S.C. 6314(a)(4)(B))
As noted, DOE has a duty under the statute to adopt a test
procedure that produces results representative of the covered
equipment's average use cycle. Here, DOE has concluded, supported by
clear and convincing evidence, that AHRI 1360-2022 would better meet
that criterion of EPCA than AHRI 1360-2017. First, AHRI 1360-2022
includes test provisions for measuring performance of roof-mounted and
wall-mounted CRACs, configurations which are not considered in AHRI
1360-2017. Were DOE to adopt AHRI 1360-2017 instead of AHRI 1360-2022,
the DOE test procedure would not address representations for these
configurations in terms of NSenCOP. Second, AHRI 1360-2022 provides
clarifications and additional test requirements on several test
procedure elements, including test tolerances, enclosure for CRACs with
compressors in indoor units, secondary verification of capacity, ducted
condensers, and refrigerant charging instructions. These elements were
discussed in detail in the February 2022 NOPR. See 87 FR 6948, 6960-
6963 (Feb. 7, 2022). These additional test requirements improve the
representativeness of the CRACs test procedure. For these reasons, DOE
considers AHRI 1360-2022 to be more representative of CRAC operation
than AHRI 1360-2017. With this finding made, DOE does not read EPCA as
requiring the Department to dissect the industry standard and
surgically transplant individual provisions of the new industry
standard into the prior industry standard. DOE views the industry test
standard as a functioning whole, so the approach AHRI suggests could
insert errors and inconsistencies into the industry standard, as would
prevent its proper functioning in practice as part of the DOE test
procedure. Further, even if AHRI's approach were possible, it would be
largely unnecessary; adoption of all the major provisions of the latest
industry

[[Page 21821]]

test standard would arguably result in the remaining provisions being
uncontroversial. Again, DOE would point out that the test procedure in
question is the most current version of the industry's own approved
test procedure, even if ASHRAE Standard 90.1 has not yet caught up with
such change. DOE considered AHRI 1360-2017, as EPCA requires, but it
ultimately determined that AHRI 1360-2022 would produce results that
better reflect an average use cycle than would AHRI 1360-2017. DOE has
concluded that EPCA does not allow the Department to turn a blind eye
to such real world developments.
Furthermore, DOE believes that Congress foresaw the practical
benefits of a statutory reading consistent with DOE's interpretation.
Although DOE recognizes that adopting AHRI 1360-2022 as the Federal
test procedure for CRACs may create some disharmony between the Federal
test procedure and the test procedure currently specified in ASHRAE
Standard 90.1 for a period of time, such situation is arguably
preferable to the alternative in which DOE and stakeholders would need
to waste significant resources to reinitiate another rulemaking in
short order after this proceeding to once again amend the Federal test
procedure for CRACs to update the reference therein from AHRI 1360-2017
to AHRI 1360-2022--the very same testing standard available for
consideration at the present time.
Finally, DOE notes that manufacturers are not required to use the
test procedure to certify compliance with any energy conservation
standards for CRACs until the compliance date established for such
standards denominated in terms of the NSenCOP metric, if DOE proceeds
to adopt such standards. The difference in ratings between measuring
SCOP per the current Federal test procedure and measuring NSenCOP per
the test procedure adopted in this final rule (which incorporates by
reference AHRI 1360-2022) is addressed in the ongoing energy
conservation standards rulemaking (see 87 FR 12802 (March 7, 2022)).
Therefore, in light of these updates to the relevant industry
consensus standards and for the reasons explained, DOE is amending its
test procedure for CRACs by incorporating by reference AHRI 1360-2022
for use in the new appendix E1. Specifically, in the new test procedure
for CRACs at appendix E1, DOE is adopting sections 3.1, 3.2.2, 3.2.7,
3.2.22, 3.2.25, 3.2.27, 3.2.28, 3.2.37, 3.2.38, 5, 6.1-6.3, 6.6, and
6.8 and Appendices C, E, and F of AHRI 1360-2022 for the Federal test
procedure for CRACs.\11\
---------------------------------------------------------------------------

\11\ DOE notes that the substance of these provisions remains
the same as those proposed in the February 2022 TP NOPR, but AHRI
did some reorganization in moving from AHRI 1360-202X Draft to AHRI
1360-2022. Consequently, the adopted section numbers cited here
differ from those presented in DOE's proposed rule. See 87 FR 6948,
6952 (Feb. 7, 2022).
---------------------------------------------------------------------------

In the February 2022 NOPR, DOE proposed to incorporate by reference
several industry standards that are internally referenced by AHRI 1360-
202X Draft. First, DOE proposed to incorporate by reference ANSI/ASHRAE
127-2020. Specifically, in the proposed test procedure for CRACs at 10
CFR part 431, subpart F, appendix E1, DOE proposed to reference Figure
A-1, Test duct for measuring air flow and static pressure on downflow
units, of Appendix A of ANSI/ASHRAE 127-2020, because Figure A-1 of
Appendix A is referenced in section 5.8 of AHRI 1360-202X Draft.
Second, DOE proposed to incorporate by reference ANSI/ASHRAE 37-2009
because section 5, Appendix D, and Appendix E of AHRI 1360-202X Draft
reference methods of test in ANSI/ASHRAE 37-2009. More specifically,
DOE proposed to adopt all sections of ANSI/ASHRAE 37-2009, except
sections 1, 2, and 4. 87 FR 6948, 6952 (Feb. 7, 2022).
DOE did not receive any comments in response to its proposal to
reference ANSI/ASHRAE 127-2020 and ANSI/ASHRAE 37-2009 in the test
method for CRACs. These standards are also referenced in the finalized
standard, AHRI 1360-2022, which DOE is incorporating by reference in
this final rule. Therefore, for the reasons discussed in the preceding
paragraphs and in the February 2022 NOPR, DOE incorporates by reference
ANSI/ASHRAE 127-2020 and ANSI/ASHRAE 37-2009, and adopts the relevant
sections for testing CRACs, as proposed in the February 2022 NOPR.

D. Definitions

1. CRAC Definition
As discussed, DOE currently defines a CRAC as a basic model of
commercial package air-conditioning and heating equipment (packaged or
split) that is: used in computer rooms, data processing rooms, or other
information technology cooling applications; rated for SCOP and tested
in accordance with 10 CFR 431.96; and is not a covered consumer product
under 42 U.S.C. 6291(1)-(2) and 42 U.S.C. 6292. 10 CFR 431.92. A
computer room air conditioner may be provided with, or have as
available options, an integrated humidifier, temperature and/or
humidity control of the supplied air, and reheating function. Id. In
defining a CRAC, DOE was unable to identify physical characteristics
that consistently distinguish CRACs from other categories of commercial
package air conditioning and heating equipment that provide comfort-
cooling. See 77 FR 16769, 16772-16774 (March 22, 2012); 77 FR 28928,
28947-28948 (May 16, 2012).
In the February 2022 NOPR, DOE proposed to amend the CRAC
definition to include how the manufacturer markets a model for use,
consistent with the definition in the draft industry standard, AHRI
1360-202X Draft, which also defines CRACs based on marketing.\12\ 87 FR
6948, 6952-6954 (Feb. 7, 2022). DOE also proposed to remove the current
wording ``. . . rated for sensible coefficient of performance (SCOP)
and tested in accordance with 10 CFR 431.96'' to ensure that a unit
that otherwise meets the definition of a CRAC would be covered as a
CRAC regardless of how the manufacturer has tested and rated the model.
Id. DOE also proposed to remove the unnecessary current wording ``. . .
a basic model of'' to avoid confusion as to whether the equipment
constitutes a basic model--DOE specifies different basic model
definitions for each equipment category at 10 CFR 431.92--before the
determination is made whether the equipment meets the CRAC definition.
Id. Specifically, DOE proposed to define ``computer room air
conditioner'' as commercial package air conditioning and heating
equipment (packaged or split) that is: marketed for use in computer
rooms, data processing rooms, or other information technology cooling
applications; and not a covered consumer product under 42 U.S.C.
6291(1)-(2) and 6292. Id. The definition stated that a computer room
air conditioner may be provided with, or have as available options, an
integrated humidifier, temperature and/or humidity control of the
supplied air, and reheating function. Id. Additionally, DOE proposed to
specify in the definition that computer room air conditioners include,
but are not limited to, the following configurations as defined in 10
CFR 431.92: down-flow, horizontal-flow, up-flow ducted, up-flow non-
ducted, ceiling-mounted

[[Page 21822]]

ducted, ceiling mounted non-ducted, roof-mounted, and wall-mounted. Id.
---------------------------------------------------------------------------

\12\ Section 3.5 of AHRI 1360-202X Draft defines ``computer room
air conditioner'' as a subset of ``computer and data processing room
air conditioner.'' Section 3.4 of AHRI 1360-202X Draft defines
``computer and data processing room air conditioner,'' as an air
conditioning unit specifically marketed for cooling data centers and
information technology equipment.
---------------------------------------------------------------------------

In the February 2022 NOPR, DOE requested comment on the proposed
definition for ``computer room air conditioner'' that distinguishes
between CRACs and other categories of air conditioning equipment, based
on the marketing of the equipment. 87 FR 6948, 6954 (Feb. 7, 2022).
AHRI recommended that DOE remove roof-mounted and wall-mounted
units from the CRAC definition, as they are currently not included in
the scope of AHRI 1360-2017 and of ASHRAE Standard 90.1-2019. (AHRI,
No. 9 at pp. 4-5) Instead, AHRI expressed support for a definition
consistent with DOE's proposal, but with roof-mounted and wall-mounted
CRACs redacted from the definition. Id.
The CA IOUs recommended adding the term ``exclusively'' to the
proposed revised CRAC definition and to exclude comfort cooling
products that are sometimes marketed for use in computer rooms (or
similar applications) from the requirement to be tested to the CRAC
test procedure. (CA IOUs, No. 6 at p. 1) The CA IOUs provided estimated
performance data at CRAC rating conditions for commercial unitary air
conditioners (``CUACs'') and 3-phase central air conditioners that they
asserted as indicating that these equipment categories will always meet
the CRAC efficiency standards in ASHRAE Standard 90.1-2019. (CA IOUs,
No. 6 at pp. 1-5) The CA IOUs did not analyze the performance of
single-packaged vertical air conditioners (``SPVU'') equipment under
the CRAC test conditions but noted that DOE's energy efficiency metric
for SPVUs is also energy efficiency ratio (``EER''), that SPVUs are
tested at the same conditions as CUACs, and that the energy
conservation standards for SPVUs are similar to the CUAC EER
requirements in ASHRAE Standard 90.1-2019. Therefore, the CA IOUs
recommended that DOE should also exclude SPVUs from the requirement of
testing to the CRAC test procedure for equipment marketed for use in
computer rooms (or similar applications). Id. Alternatively, the CA
IOUs recommended that DOE allow NSenCOP to be calculated with an
alternate efficiency determination method (``AEDM''). (CA IOUs, No. 6
at p. 6)
In response to AHRI, the addition of roof-mounted and wall-mounted
CRACs to the scope of AHRI 1360-202X Draft, and as finalized in AHRI
1360-2022, occurred after considerable deliberation in the AHRI 1360
committee, in which DOE actively participated. As such, DOE considers
this inclusion in a published AHRI standard to now represent industry
consensus that models meeting the definition of roof-mounted and wall-
mounted CRACs should be tested to AHRI 1360-2022. Further, DOE has
concluded that because such models meet the definition of CRAC and
exist on the market, the Federal test procedure should include test
provisions for such models. Therefore, DOE has determined the addition
of these configurations to be appropriate for the CRAC Federal test
procedure.
In response to CA IOUs, DOE is not adopting the suggested
exclusionary language (i.e., limiting coverage of CRAC regulations to
models marketed exclusively for computer room cooling applications)
because this would cause any CRAC equipment marketed for both data
centers and comfort cooling to not meet the definition of a CRAC as set
out in AHRI 1360-2022. To the extent that a basic model is covered
under more than one equipment category (e.g., CRAC and CUAC), it would
be subject to the regulations applicable to each equipment class that
covers that basic model. Regarding AEDMs, DOE notes that current DOE
regulations already allow manufacturers to use AEDMs to develop CRAC
efficiency ratings, provided they perform physical testing on two test
models per validation class. 10 CFR 429.70(c)(2).
In summary, for the reasons discussed, DOE is updating the
``computer room air conditioner'' definition in 10 CFR 431.92 as
proposed in the February 2022 NOPR. Further, regarding the ``marketed
for'' criterion in the revised CRAC definition, DOE will consider any
publicly-available document published by the manufacturer (e.g.,
product literature, catalogs, and packaging labels) to determine the
application for which the equipment is marketed.
2. CRAC Configuration Definitions
CRACs can be installed in a variety of different configurations
that vary by installation location, direction of airflow over the
evaporator coil (e.g., up, down, or horizontal), and by return and
discharge air connections (e.g., raised floor plenum, ducted, free
air). To provide additional instruction as to which configuration (and,
thus, which testing requirements and standards, as applicable) should
be used for testing, the February 2022 NOPR proposed to add definitions
for the following terms, consistent with the definitions in AHRI 1360-
202X Draft: floor-mounted, ceiling-mounted, wall-mounted, roof-mounted,
up-flow, down-flow, horizontal-flow, up-flow ducted, up-flow non-
ducted, ceiling-mounted ducted, ceiling-mounted non-ducted, and fluid
economizer. 87 FR 6948, 6954 (Feb. 7, 2022). DOE requested comment on
the proposed definitions. Id.
AHRI suggested that DOE should adopt definitions consistent with
AHRI 1360-2017, stating that the current draft procedure was not yet
ready for adoption. Instead, AHRI recommended that DOE should wait to
adopt the definitions in AHRI 1360-202X Draft until they are adopted
through the ASHRAE Standard 90.1 process. (AHRI, No. 9 at p. 5)
DOE notes that AHRI's concern about the draft status of AHRI 1360-
202X Draft no longer applies, given the finalization and publication of
AHRI 1360-2022. Furthermore, for the reasons discussed in section III.C
of this document, the Department has concluded that EPCA does not
preclude the agency from considering this updated industry test
standard until it has been formally adopted through the ASHRAE Standard
90.1 process. Accordingly, DOE has concluded that the inclusion of
revised definitions for CRAC configurations in the published AHRI
standard represent industry consensus that these revised definitions in
AHRI 1360-2022 appropriately classify different configurations of
CRACs. DOE notes that the definitions finalized in AHRI 1360-2022 are
substantively the same as those included in DOE's proposal. DOE further
notes that AHRI did not raise substantive issues with the specific
proposed definitions for CRAC configurations. Therefore, DOE has
concluded that the definitions proposed in the February 2022 NOPR,
which are consistent with the updated industry consensus test procedure
AHRI 1360-2022, appropriately classify different configurations of
CRACs to clarify which test conditions apply to each configuration.
As such, DOE is finalizing the definitions as proposed in the
February 2022 NOPR. Specifically, DOE is defining ``floor-mounted,''
``ceiling-mounted,'' ``wall-mounted,'' ``roof-mounted,'' ``up-flow,''
``down-flow,'' ``horizontal-flow,'' ``up-flow ducted,'' ``up-flow non-
ducted,'' ``ceiling-mounted ducted,'' ``ceiling-mounted non-ducted,''
and ``fluid economizer'' as set out in 10 CFR 431.92 \13\ at the end of
this document.
---------------------------------------------------------------------------

\13\ As explained in the February 2022 NOPR, DOE is italicizing
the defined terms within these definitions at 10 CFR 431.92 in order
to signal to the reader which terms are separately defined. 87 FR
6948, 6954 (Feb. 7, 2022).

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

[[Page 21823]]

E. Metric

1. NSenCOP
DOE's current efficiency metric for CRACs is SCOP, which is a ratio
of sensible cooling capacity delivered to the power consumed. For most
categories of air conditioners and heat pumps other than CRACs,
efficiency metrics are calculated based on total cooling capacity
(which includes both sensible cooling and latent cooling). However,
unlike the conditioned spaces in most commercial buildings, computer
rooms and data centers typically have limited human occupancy and
minimal dehumidification requirements, and, thus, primarily require
only sensible cooling. Therefore, SCOP is calculated based on sensible
cooling capacity rather than total cooling capacity.
As discussed, ASHRAE Standard 90.1-2016 amended the efficiency
metric for CRACs from SCOP (measured per ANSI/ASHRAE 127-2007) to
NSenCOP (measured per AHRI 1360-2016). ASHRAE Standard 90.1-2019
subsequently retained NSenCOP as the test metric, but it updated the
test reference to AHRI 1360-2017 (which specifies NSenCOP as the test
metric and has the same test conditions as AHRI 1360-2016). AHRI 1360-
202X Draft also specifies NSenCOP as the test metric and maintains the
rating conditions found in AHRI 1360-2017, while also adding rating
conditions for roof-mounted and wall-mounted units.
Like SCOP, NSenCOP is a ratio of sensible cooling capacity to the
power consumed. However, as discussed in the February 2022 NOPR, the
test procedure to determine NSenCOP differs from that to determine SCOP
in four key aspects: (1) For several CRAC configurations (e.g., down-
flow, up-flow ducted), different indoor entering air temperatures are
specified; (2) for water-cooled CRACs, different entering water
temperatures are specified; (3) for up-flow ducted configurations,
different indoor air external static pressure (``ESP'') requirements
are specified; and (4) for water-cooled and glycol-cooled CRACs,
NSenCOP accounts for energy consumed by fans and pumps that would be
installed in the outdoor heat rejection loop, which is not accounted
for in SCOP. 87 FR 6948, 6956-6957 (Feb. 7, 2022).
In response to the changes to the efficiency metric and referenced
industry test standard for CRACs in ASHRAE Standard 90.1-2019 and AHRI
1360-202X Draft, DOE proposed to update its efficiency metric for CRACs
to NSenCOP and requested comment on its proposal. 87 FR 6948, 6957
(Feb. 7, 2022). DOE also sought feedback on whether the rating
conditions in AHRI 1360-202X Draft are appropriately representative of
field applications. Id.
On this topic, AHRI commented at the NOPR public meeting that it
supported the adoption of NSenCOP as calculated in AHRI 1360-2017, as
opposed to AHRI 1360-202X Draft. (AHRI, Public Meeting Transcript, No.
8 at pp. 11-12) AHRI stated that a minor clarification would be
required to be made in AHRI 1360-2017, which would align the capacity
bins in AHRI 1360-2017 with those in ASHRAE 90.1-2019. Id. AHRI
asserted that the revised approach for up-flow CRACs in a limited-
height set-up would have a measurable impact on the efficiency of those
units, and that the stringency of the standard level established in
ASHRAE Standard 90.1-2019 for this equipment would not correlate to the
efficiency of the equipment as tested with the draft test procedure.
Id. AHRI further asserted that the SCOP to NSenCOP crosswalk would,
therefore, not be a direct crosswalk, at least for the up-flow units
and for any other products for which ESP test requirements have
changed. Id.
In response, DOE notes the fact that the clarification mentioned by
AHRI regarding the capacity demarcations is appropriately addressed in
AHRI 1360-2022.
Regarding the issue of testing up-flow units in a limited-height
set-up, DOE surmises that the inclusion of a limited-height approach in
the finalized AHRI 1360-2022 that aligns with the approach in AHRI
1360-202X Draft indicates that this limited-height approach represents
industry consensus on an appropriate test method. Further, DOE notes
that the current Federal test procedure, which references ANSI/ASHRAE
127-2007, does not have any provisions that allow for testing up-flow
CRAC units in a limited-height set-up. As such, the crosswalk analysis
conducted to translate standards from SCOP to NSenCOP (as presented in
the March 2022 ECS NOPR; see 87 FR 12802, 12817-12822 (March 7, 2022))
compared SCOP as measured per ANSI/ASHRAE 127-2007 to NSenCOP as
measured per AHRI 1360-202X Draft (which is the test procedure DOE
proposed to adopt in the February 2022 NOPR). Therefore, the test
approaches in any intermediate CRAC industry test procedures released
between ANSI/ASHRAE 127-2007 and AHRI 1360-202X Draft (e.g., AHRI 1360-
2017 as mentioned by AHRI) are not relevant for DOE's crosswalk
analysis, as such intermediate industry test procedures were never
proposed or adopted as part of the Federal test procedure.
The CA IOUs provided several recommendations to modify the proposed
test procedure. (CA IOUs, No. 6 at p. 6) First, the CA IOUs recommended
that DOE adopt the same entering air dry-bulb temperature for all CRAC
configurations, asserting that containment, server rack orientation,
and room temperature setpoints have much more significant impacts on
return air temperature than CRAC configuration; therefore, basing test
temperature on CRAC configuration may create arbitrary differences in
efficiency representations among CRAC configurations, which would
result in a market distortion in favor of some configurations over
others. Id. Second, the CA IOUs recommended DOE use 86 [deg]F as the
full-load condenser entering water temperature, as opposed to 83 [deg]F
as prescribed in AHRI 1360-202X Draft, asserting that typically water-
cooled CRACs and other water-cooled heating, ventilation, and air
conditioning (HVAC) equipment receive condenser water via a water-to-
water heat exchanger, and that the 86 [deg]F point takes into account
the approach temperature of such a heat exchanger. Id. The CA IOUs
added that test procedures for three other equipment categories have
used 86 [deg]F as the full-load condenser entering water temperature:
direct expansion-dedicated outdoor air system units (i.e., AHRI
Standard 920-2020), variable refrigerant flow (``VRF'') water-source
heat pumps (i.e., AHRI Standard 1230-2021), and water-source heat pumps
less than 135,000 Btu/h (i.e., ISO 13256-1:1998) Third, the CA IOUs
supported the inclusion of cooling tower/dry cooler fan and heat
rejection pump energy in the CRAC efficiency rating, but suggested that
DOE examine if the power demand adders of 5 percent and 7.5 percent for
water-cooled and glycol-cooled CRACs, respectively, are representative.
Id.
The Joint Advocates supported the inclusion of a power adder for
heat rejection components to improve the representativeness of the test
for water-cooled and glycol-cooled CRACs. (Joint Advocates, No. 7 at p.
1) The Joint Advocates encouraged DOE to investigate the
representativeness of the proposed entering air dry-bulb
temperatures,\14\ asserting that it did not appear that DOE has
performed a thorough analysis of the representativeness of the proposed
temperature values, but was rather simply proposing to adopt the values
in AHRI 1360-202X Draft. (Joint Advocates, No. 7 at p. 1) The Joint

[[Page 21824]]

Advocates referenced the March 2022 ECS NOPR, noting that the impact of
increasing the entering air dry-bulb temperature from 75 [deg]F to 95
[deg]F for up-flow ducted and down-flow CRACs, led to an increase of
net sensible cooling capacity and SCOP by approximately 22 percent and
19 percent, respectively. (Joint Advocates, No. 7 at pp. 1-2) The Joint
Advocates commented that given the large potential magnitude of change
to the metrics, DOE should scrutinize the appropriateness of updating
the entering air dry-bulb temperature values and, if a revision is
found to be justified, the representativeness of the proposed entering
air dry-bulb temperature values. Id.
---------------------------------------------------------------------------

\14\ In their comment, the Joint Advocates refer to this as
``return air temperature.''
---------------------------------------------------------------------------

NEEA recommended that DOE ensure that the required ESP test
conditions are representative of actual ESP conditions that units
experience in the field. (NEEA, No. 5 at p. 4)
As noted earlier, EPCA requires that the test procedures for
commercial package air conditioning and heating equipment be those
generally accepted industry testing procedures or rating procedures
developed or recognized by AHRI or ASHRAE, as referenced in ASHRAE
Standard 90.1. (42 U.S.C. 6314(a)(4)(A)) Further, if such an industry
test procedure is amended, DOE must update its test procedure to be
consistent with the amended industry test procedure, unless DOE
determines, by rule published in the Federal Register and supported by
clear and convincing evidence, that such amended test procedure would
not meet the requirements in 42 U.S.C. 6314(a)(2) and (3) related to
representative use and test burden. (42 U.S.C. 6314(a)(4)(B)) As
discussed in section III.C, DOE has concluded, supported by clear and
convincing evidence, that AHRI 1360-2022 would better meet the
criterion of EPCA than AHRI 1360-2017. DOE is not aware of any data or
information indicating that the entering air dry-bulb temperature or
ESP conditions in AHRI 1360-2022 are not representative of an average
CRAC use cycle, and commenters did not provide any data or information
to contradict this understanding. Therefore, DOE concludes that the
rating conditions finalized in AHRI 1360-2022 are appropriate. The
following paragraphs include DOE's responses to some of the comments
received regarding specific rating conditions in AHRI 1360-202X Draft
(and the subsequently finalized AHRI 1360-2022).
Regarding entering air dry-bulb temperature, it is DOE's
understanding that CRAC configurations in which the return air inlet is
located close to the heat source (e.g., horizontal flow units, which
are typically located adjacent to server racks) have higher entering
air dry-bulb temperatures than configurations with return air inlets
located further from the heat source. Numerous other versions of CRAC
industry test procedures (i.e., ANSI/ASHRAE 127-2020, AHRI 1360-2017,
and AHRI 1360-2016) also include different entering air dry-bulb
temperatures for each configuration that are consistent with AHRI 1360-
202X Draft (and the subsequently finalized AHRI 1360-2022). Regarding
the comment from Joint Advocates, while DOE agrees that differing
entering air dry-bulb temperature values lead to a measurable change in
the evaluated metrics for each configuration, DOE also notes that the
standards proposed in the March 2022 ECS NOPR are separate for each
configuration and reflect the different rating conditions. See 87 FR
12802, 12809-12816 (March 7, 2022). Additionally, industry consensus as
reflected in AHRI 1360-2022 suggests that using the same entering air
dry-bulb temperature for all CRAC configurations would be less
representative of an average use cycle for each unique CRAC
configuration. Therefore, DOE has concluded that different entering air
dry-bulb temperatures for each separate configuration are appropriate
for inclusion in the revised test procedure.
Similarly, ESP conditions may differ for CRAC configurations
depending on how and where they may be installed. As noted earlier, DOE
is not aware of any data or information indicating that the ESP
conditions in AHRI 1360-2022 are not representative of an average CRAC
use cycle, and NEEA did not provide any data or information to
contradict this understanding.
Regarding condenser entering water temperature, ANSI/ASHRAE 127-
2007 prescribes a test condition of 86 [deg]F (as suggested by the CA
IOUs) for SCOP, but the lower 83 [deg]F condition was adopted in
subsequent CRAC industry test procedures--ASHRAE 127-2020, AHRI 1360-
2016, and AHRI 1360-2017--in addition to AHRI 1360-202X Draft (and the
subsequently finalized AHRI 1360-2022). DOE considers that this
decrease in the condenser entering water temperature test condition
from 86 [deg]F to 83 [deg]F was made after industry deliberation and
represents industry consensus. DOE also notes that not all industry
test procedures for other categories of commercial air conditioning and
heating equipment are consistent in entering water temperature test
conditions, as AHRI Standard 340/360-2022, ``Performance Rating of
Commercial and Industrial Unitary Air-conditioning and Heat Pump
Equipment,'' specifies an entering water temperature of 85 [deg]F for
water-cooled CUACs. Therefore, DOE has concluded that the proposed 83
[deg]F condition as the condenser entering water temperature for water-
cooled CRACs is appropriate and would produce the most representative
results.
Regarding the power consumption adders for heat rejection
components for water-cooled and glycol-cooled CRACs, ANSI/ASHRAE 127-
2020, AHRI 1360-2016, and AHRI 1360-2017 also specify the same adders
of 5 percent and 7.5 percent for water-cooled and glycol-cooled CRACs
as proposed in the February 2022 NOPR. After a careful review, DOE was
not able to find any information indicating that these values are not
representative for CRAC installations. Therefore, DOE considers these
demand adders to be appropriate for CRACs.
In summary, DOE is updating its efficiency metric for CRACs to
NSenCOP as measured per AHRI 1360-2022, at appendix E1. Appendix E
continues to reference ANSI/ASHRAE 127-2007 and to provide instructions
for determining SCOP. As noted earlier, CRACs are not required to be
tested according to the test procedure in appendix E1 until such time
as compliance is required with an amended energy conservation standard
that relies on the NSenCOP metric, should DOE adopt such a standard.
2. Integrated Efficiency Metric
In contrast to an efficiency metric that measures performance at
only one test point, an annualized, or ``integrated'' efficiency metric
measures performance at multiple test points (i.e., tests with
different outdoor test conditions) that are intended to reflect
seasonal variation in outdoor ambient temperatures that would be
experienced by the equipment installed in the field.
AHRI 1360-2016, AHRI-1360-2017, and AHRI 1360-202X Draft include an
integrated efficiency metric--integrated net sensible coefficient of
performance (``iNSenCOP''). The iNSenCOP metric comprises a weighted
average of NSenCOP values for four test points at different outdoor
conditions.\15\
---------------------------------------------------------------------------

\15\ The rating conditions A, B, C, and D for iNSenCOP for air-
cooled units correspond to outdoor entering air temperatures of 95.0
[deg]F, 80.0 [deg]F, 65.0 [deg]F, and 40.0 [deg]F, respectively.
---------------------------------------------------------------------------

In the February 2022 NOPR, DOE noted that section D1 of AHRI 1360-
2017 (and section G1 of the subsequently updated AHRI 1360-202X Draft)
states that ``a long-term goal is for iNSenCOP to replace NSenCOP after
a more readily testable means has been

[[Page 21825]]

standardized.'' 87 FR 6948, 6957 (Feb. 7. 2022). DOE indicated that it
was not aware of any test data that verify the validity of the iNSenCOP
metric and that minimum efficiency levels in terms of iNSenCOP have not
been adopted in ASHRAE Standard 90.1. Id. DOE acknowledged the
potential benefit regarding representativeness that would be provided
with an annualized metric for CRACs but concluded that given the
apparent need for further validation and the lack of test data, DOE was
unable to propose to use the iNSenCOP metric at this time. Id.
The Joint Advocates and NEEA encouraged DOE to continue to
investigate an annualized metric for CRACs. (Joint Advocates, No. 7 at
p. 2; NEEA, No. 5 at pp. 1-2) The Joint Advocates commented that CRACs
are designed to provide year-round cooling at a stable indoor cooling
load and that an annualized metric that reflects an integrated measure
of CRAC performance at different outdoor temperatures would be more
representative of the efficiency of this equipment. (Joint Advocates,
No. 7 at p. 2) NEEA commented that it supports DOE's proposal to use
NSenCOP instead of SCOP, but encouraged DOE to conduct the research
required to transition to the iNSenCOP metric, which NEEA asserted
better accounts for the energy efficiency of CRACs given that it
provides a standardized evaluation of the annualized cooling energy
consumption of a unit operated across the specified range of outdoor
ambient temperatures. (NEEA, No. 5 at pp. 1-2) NEEA commented that it
believed integrating a part-load operation assessment was also feasible
when this efficiency metric is adopted for CRACs in the future. Id.
As noted in the February 2022 NOPR, DOE acknowledges the potential
benefit regarding representativeness that would be provided with an
annualized, integrated metric for CRACs. However, given the need for
further validation and the lack of test data, DOE is not adopting the
iNSenCOP metric at this time.
3. Part-Load Operation and Air Circulation Mode
In the July 2017 ASHRAE TP RFI, DOE noted that CRACs typically
operate at part-load (i.e., less than designed full cooling capacity)
in the field. 82 FR 34427, 34432 (July 25, 2017). DOE discussed that
the reasons for this may include, but are not limited to, redundancy in
installed units to prevent server shutdown if a CRAC unit stops
working, and server room designers building in extra cooling capacity
to accommodate additional server racks in the future. Id. DOE also
noted that while the current DOE test procedure measures performance at
full-load, DOE has estimated that CRACs operate on average at a
sensible load of 65 percent of the full-load sensible capacity.\16\ Id.
---------------------------------------------------------------------------

\16\ See the analysis for a final rule for standards and test
procedures for certain commercial heating, air conditioning, and
water heating equipment (including CRACs) published in the Federal
Register on May 16, 2012 (77 FR 28928). (Technical Support Document,
EERE-2011-BT-STD-0029-0021, pp. 4-15, 4-16)
---------------------------------------------------------------------------

Comments received in response to the July 2017 ASHRAE TP RFI and
discussed in the February 2022 NOPR also suggested that CRACs are
commonly oversized when installed in the field, and that this
oversizing can significantly influence performance. 87 FR 6948, 6958
(Feb. 7, 2022). Additionally, in the February 2022 NOPR, DOE noted it
understands that many CRACs operate in air circulation mode and that
incorporating air circulation mode in testing might incentivize use of
more-efficient fan technologies for CRACs that typically operate at
lower fan speeds in air circulation mode. Id. However, DOE did not have
information or data on part-load or air circulation mode operation of
CRACs to support a proposal to amend the efficiency metric to account
for performance in these operating modes. Id.
In response to the February 2022 NOPR, NEEA encouraged DOE to
gather more data on the conditions and the percentage of time when
CRACs typically operate in air circulation mode, noting that this
information will help ensure that DOE's metric for CRACs is
representative of average annual operation, which includes accounting
for energy consumption in these modes. (NEEA, No. 5 at p. 2) Similarly,
NEEA commented that it believes that incorporating part-load
performance in the efficiency metric for CRACs would encourage the
adoption of technologies that improve performance, such as variable-
speed fans and compressors. (NEEA, No. 5 at pp. 2-3) NEAA asserted that
incorporating part-load and air-circulation modes into efficiency
ratings would give consumers better information about the performance
of different CRAC units. (NEEA, No. 5 at p. 3) NEEA agreed with DOE's
statement that there is a lack of information and data on part-load or
air-circulation-mode operation of CRACs, but the commenter recommended
that DOE conduct more research to collect the necessary data to amend
the proposed efficiency metric. Id.
The Joint Advocates encouraged DOE to capture the part-load
operation and air-circulation-mode operation of CRACs. (Joint
Advocates, No. 7 at p. 2) The Joint Advocates asserted that the CRAC
test procedure for determining NSenCOP is not representative of an
average use cycle because many CRACs operate in part-load and air-
circulation mode, and fan energy is not accounted for in the NSenCOP
metric. Id.
The CA IOUs commented that CRACs operate at part load at nearly all
times, so efficient part-load performance is more important than full-
load performance for optimal energy use. (CA IOUs, No. 6 at p. 7) The
CA IOUs referenced studies conducted by PG&E, which they commented
indicate that data centers are typically operated at part load to
ensure maximum temperature and humidity control stability, reliability,
and margin for future load increases. Id. The CA IOUs suggested that
instead of adopting a part-load performance rating requirement at this
time, DOE should consider requiring manufacturers to state the
temperature at which capacity control becomes unstable and when the
CRAC cannot operate within acceptable test capacity tolerance, and that
this information would allow designers to evaluate the suitability of
the part-load performance of different equipment options for specific
applications. Id.
These comments suggest that many CRACs operate in part load and in
air-circulation mode and that incorporating these modes in testing
could lead to a more representative test procedure. However, CRAC
operation in these operating modes has not been addressed in any CRAC
industry consensus test procedures. At this time, DOE does not have
enough information or data on part-load or air-circulation mode
operation of CRACs to support amending the efficiency metric to account
for performance in these operating modes. Regarding CA IOUs' suggestion
to require manufacturers to state the temperature at which capacity
control becomes unstable, DOE has concluded that such provisions do not
apply for testing to a full-load metric, which does not involve
modulation of capacity below full-load. Because the Department is not
adopting a part-load metric in this final rule, DOE is correspondingly
not adopting the CA IOU's suggestion.
4. Controls Verification Procedure
Neither the current Federal test procedure nor AHRI 1360-2022
incorporates a controls verification procedure (``CVP'') for CRACs. The
purpose of a CVP is to validate that the

[[Page 21826]]

observed positions of critical parameters for modulating components
during the CVP are within tolerance of the certified critical parameter
values in the supplementary test instructions (``STI'') that are set by
the manufacturer in steady-state tests. This ensures that the measured
results of the test procedure are based on critical parameter settings
that are representative of critical parameter behavior that would be
experienced in the field.
In response to the February 2022 NOPR, NEEA commented that CRACs
could benefit from a CVP and that a CVP would help ensure that
manufacturer claims of energy savings from controls are accurate and
can help verify that units are achieving the variable-speed benefits
that are claimed. (NEEA, No. 5 at p. 3) NEEA noted that there is
precedence for including a CVP in commercial HVAC products, such as VRF
multi-split air conditioners and heat pumps. Id. NEEA further commented
that a CVP may also check and test the energy savings from economizers,
given that they are not a component of the proposed test procedure for
basic CRAC models, and that incorporating a CVP is one potential way to
capture those energy saving benefits for CRAC units that have an
economizer. Id.
As noted, AHRI 1360-2022, the industry standard that DOE is
adopting in this final rule, does not include a CVP for CRACs. Further,
DOE is not aware of any industry test procedures that include a CVP
that would apply for CRACs. While DOE understands that there may be
potential benefits of implementing a CVP for CRACs and acknowledges the
precedent of a CVP for other commercial equipment such as VRF multi-
split systems, DOE understands that the market penetration of variable-
speed CRAC equipment is much smaller than for VRF multi-split systems.
Given that DOE is not aware of an established CVP for CRAC nor any test
data that could support adopting such a CVP, DOE is not adopting a CVP
for CRACs in this final rule.

F. Configuration of Unit Under Test

1. Background and Summary
CRACs are sold with a wide variety of components, including many
that can optionally be installed on or within the unit both in the
factory and in the field. In all cases, these components are
distributed in commerce with the CRAC, but can be packaged or shipped
in different ways from the point of manufacture for ease of
transportation. Some optional components may affect a model's measured
efficiency when tested to the DOE test procedure adopted in this final
rule, and others may not. DOE is handling CRAC components in two
distinct ways in this final rule to help manufacturers better
understand their options for developing representations for their
differing product offerings.
First, the treatment of some components is specified by the test
procedure to limit their impact on measured efficiency. For example, a
fire/smoke/isolation damper must be set in the closed position and
sealed during testing, resulting in a measured efficiency that would be
similar or identical to the measured efficiency for a unit without a
fire/smoke/isolation damper.
Second, for certain components not directly addressed in the DOE
test procedure, this final rule provides more specific instructions on
how each component should be handled for the purposes of making
representations in 10 CFR part 429. Specifically, these instructions
provide clarity to manufacturers on how components should be treated
and how to group individual models with and without optional components
for the purposes of representations, in order to reduce burden. DOE is
adopting these provisions in 10 CFR part 429 to allow for testing of
certain individual models that can be used as a proxy to represent the
performance of equipment with multiple combinations of components. DOE
is adopting provisions expressly allowing certain models to be grouped
together for the purposes of making representations and allowing the
performance of a model without certain optional components to be used
as a proxy for models with any combinations of the specified
components, even if such components would impact the measured
efficiency of a model. Steam/hydronic heat coils are an example of such
a component. The efficiency representation for a model with a steam/
hydronic heat coil is based on the measured performance of the CRAC as
tested without the component installed because the steam/hydronic heat
coil is not easily removed from the CRAC for testing.\17\
---------------------------------------------------------------------------

\17\ Note that in certain cases, as explained further in section
III.F.2.c of this document, the representation may have to be based
on an individual model with a steam/hydronic coil.
---------------------------------------------------------------------------

2. Approach for Exclusion of Certain Components
a. Proposals
Appendix D of AHRI 1360-2022 (and Appendix D of AHRI 1360-202X
Draft) provides discussion of components which would not be considered
in representations, and provides instructions either to neutralize
their impact during testing or for determining representations for
individual models with such components based on other individual models
that do not include them.
Instead of referencing Appendix D of AHRI 1360-202X Draft, DOE
tentatively determined in the February 2022 NOPR that it would be
necessary to include related provisions in the proposed appendix E1
test procedure and in the proposed representation requirements at 10
CFR 429.43. 87 FR 6948, 6964 (Feb. 7. 2022). DOE noted that this
revised approach would provide more detailed direction and clarity
between test procedure provisions (i.e., how to test a specific unit)
and certification and enforcement provisions (e.g., which model(s) to
test). Id. Specifically, DOE proposed to include provisions for certain
specific components to limit their impact on measured efficiency during
testing. 87 FR 6948, 6981 (Feb. 7, 2022). Additionally, DOE proposed
representation requirements in 10 CFR 429.43(a)(4) that explicitly
allowed representations for individual models with certain components
to be based on testing for individual models without those components.
The proposal included a table listing the components for which these
provisions would apply: air economizers, process heat recovery/reclaim
coils/thermal storage, evaporative pre-cooling of air-cooled condenser
intake air, steam/hydronic heat coils, refrigerant reheat coils,
powered exhaust/powered return air fans, compressor variable frequency
drive (``VFD''), fire/smoke/isolation dampers, non-standard indoor fan
motors, humidifiers, flooded condenser head pressure controls, chilled
water dual cooling coils, and condensate pump. 87 FR 6948, 6974-6975
(Feb. 7. 2022). Finally, DOE proposed specific product enforcement
provisions in 10 CFR 429.134 indicating that DOE would conduct
enforcement testing on individual models that do not include the
components listed in the aforementioned table, except in certain
enumerated circumstances. 87 FR 6948, 6977 (Feb. 7. 2022).
b. General Comments
AHRI generally supported DOE's proposals and agreed with the
approach to include the optional features provisions in the test
procedure directly and remove them from DOE's

[[Page 21827]]

Commercial HVAC Enforcement Policy.\18\ (AHRI, No. 9 at p. 6)
---------------------------------------------------------------------------

\18\ On January 30, 2015, DOE issued a Commercial HVAC
Enforcement Policy addressing the treatment of specific features
during DOE testing of commercial HVAC equipment. (See
<a href="http://www.energy.gov/gc/downloads/commercial-equipment-testing-enforcement-policies">www.energy.gov/gc/downloads/commercial-equipment-testing-enforcement-policies</a>.)
---------------------------------------------------------------------------

In this final rule, DOE is adopting its proposals in the February
2022 NOPR regarding the exclusion of certain components, with some
additional simplifications to further improve clarity. The different
aspects of the provisions are described in the following sections.
c. Test Provisions Within Appendix E1
DOE is adopting test provisions in section 4 of appendix E1 to
prescribe how certain components must be configured for testing, as
proposed in the February 2022 NOPR. Specifically, DOE is requiring in
appendix E1 that steps be taken during unit set-up and testing to limit
the impacts on the measurement of these components:

<bullet> Air economizers
<bullet> Process heat recovery/reclaim coils/thermal storage
<bullet> Evaporative pre-cooling of condenser intake air
<bullet> Steam/hydronic heat coils
<bullet> Refrigerant reheat coils
<bullet> Fire/smoke/isolation dampers
<bullet> Harmonic distortion mitigation devices
<bullet> Humidifiers
<bullet> Electric reheat elements
<bullet> Non-standard power transformer
<bullet> Chilled water dual cooling coils
<bullet> High-effectiveness indoor air filtration

The components are listed and described along with their
corresponding test provisions in Table 4.1 in section 4 of the new
appendix E1.
In response to the February 2022 NOPR, AHRI suggested the inclusion
of provisions for four specific components (i.e., harmonic distortion
mitigation devices, humidifiers, non-standard power transformers, and
chilled water coils) to limit their impact on measured efficiency
during testing. (AHRI, No. 9 at pp. 6-7) For harmonic distortion
mitigation devices and non-standard power transformers, AHRI commented
that these components cannot be removed for testing and that AHRI will
consider including relevant provisions in the finalized version of AHRI
1360-202X Draft. For humidifiers and chilled water coils, AHRI
commented that these should be de-energized and removed from testing,
respectively. Id.
For humidifiers and chilled water coils, appendix E1 (as proposed
in the February 2022 NOPR) includes provisions consistent with AHRI's
suggestions. For harmonic distortion mitigation devices and non-
standard power transformers, AHRI 1360-2022 does not provide any
further guidance on these components as AHRI's comment indicated. In
the absence of any suggested alternative provisions, DOE has concluded
that the provisions that were proposed for testing with these
components in appendix E1 in the February 2022 NOPR are appropriate for
the CRAC test procedure. Therefore, DOE is adopting the appendix E1
provisions for these components as proposed.
d. Representation Provisions Within 10 CFR 429.43
As discussed, in the February 2022 NOPR, DOE proposed
representation requirements in 10 CFR 429.43(a)(4) that explicitly
allowed representations for individual models with certain components
to be based on testing for individual models without those components.
The proposal included a table \19\ listing the components for which
these provisions would apply (i.e., air economizers, process heat
recovery/reclaim coils/thermal storage, evaporative pre-cooling of air-
cooled condenser intake air, steam/hydronic heat coils, refrigerant
reheat coils, powered exhaust/powered return air fans, compressor VFD,
fire/smoke/isolation dampers, non-standard indoor fan motors,
humidifiers, flooded condenser head pressure controls, chilled water
dual cooling coils, and condensate pump). 87 FR 6948, 6974-6975 (Feb.
7, 2022).
---------------------------------------------------------------------------

\19\ In the February 2022 NOPR, this table was referred to as
``Table 1''; however, due to the publication of other test procedure
actions subsequent to the February 2022 NOPR, this final rule refers
to this table as ``Table 5 to paragraph (a)(3)(iv)(A)--Specific
Components for Computer Room Air Conditioners'' of 10 CFR 429.43.
---------------------------------------------------------------------------

In this final rule, DOE is making two clarifications to the
representation requirements as proposed in the February 2022 NOPR.
First, DOE is specifying that the basic model representation must
be based on the least-efficient individual model that is a part of the
basic model, and clarifying how this long-standing basic model
provision interacts with the component treatment in 10 CFR 429.43 that
this final rule adopts. Adoption of this clarification in the
regulatory text is consistent with the February 2022 NOPR, in which DOE
noted that in some cases, individual models may include more than one
of the specified components or there may be individual models within a
basic model that include various versions of the specified components
that result in more or less energy use. 87 FR 6948, 6965 (Feb. 7,
2022). In such cases, DOE stated that the represented values of
performance must be representative of the individual model with the
lowest efficiency found within the basic model. Id.
DOE has determined that regulated entities may benefit from clarity
in the regulatory text as to how the least-efficient individual model
within a basic model provision is applied with the additional
component-specific instructions for CRACs. The amendments in this final
rule explicitly state that the exclusion of the specified components
from consideration in determining basic model efficiency in certain
scenarios is an exception to basing representations on the least-
efficient individual model within a basic model. In other words, the
components listed in 10 CFR 429.43 are not being considered as part of
the representation under DOE's regulatory framework if certain
conditions are met as discussed in the following paragraphs, and, thus,
their impact on efficiency is not reflected in the representation. In
this case, the basic model's representation is generally determined by
applying the testing and sampling provisions to the least-efficient
individual model in the basic model that does not have a component
listed in 10 CFR 429.43.
Second, DOE is also clarifying instructions for determining the
unit used for basic model representation to resolve instances where
individual models within a basic model may have more than one of the
specified components and there may be no individual model without any
of the specified components. DOE is adopting the concept of an
``otherwise comparable model group'' (``OCMG'') instead of using the
``otherwise identical'' provisions proposed in the February 2022 NOPR.
87 FR 6948, 6964-6965 (Feb. 7, 2022). DOE is using the term
``comparable'' as opposed to ``identical'' to indicate that components
that impact energy consumption as measured by the applicable test
procedure are the relevant components to consider for the purpose of
representations. Differences that do not impact energy consumption,
such as unit color and presence of utility outlets, would, therefore,
not warrant separate OCMGs. DOE developed and placed in the docket a
document of examples to illustrate the approach in this final rule for
determining represented values for CRACs with specific components, and
in particular the OCMG concept. See EERE-2021-BT-TP-0017-0010.

[[Page 21828]]

An OCMG is a group of individual models within the basic model that
do not differ in components that affect energy consumption as measured
according to the applicable test procedure other than the specific
components listed in Table 5 of 10 CFR 429.43(a)(3)(iv)(A) (``Table 5
of Sec. 429.43''). An OCMG may include individual models with any
combination of such specified components, including no specified
components, and an OCMG can be comprised of one individual model.
Because every model within each OCMG is within the definition of the
basic model, a basic model can be composed of multiple OCMGs. Each OCMG
represents a unique combination of components that affect energy
consumption, as measured according to the applicable test procedure,
other than the specified components listed in Table 5 of Sec. 429.43;
this means that a new combination of such components represents a new
OCMG. For example, a manufacturer might include two tiers of control
system within the same basic model, in which one of the control systems
has sophisticated diagnostics capabilities that require a more powerful
control board with a higher wattage input. CRAC individual models with
the ``standard'' control system would be part of OCMG A, while
individual models with the ``premium'' control system would be part of
a different OCMG B, since the control system is a component that
affects energy consumption and is not one of the specified exempt
components listed in Table 5 of Sec. 429.43. However, OCMG A and OCMG
B both may include individual models with different combinations of
steam/hydronic coils, harmonic distortion mitigation devices, and
humidifiers, for example. Both OCMGs may also include any combination
of characteristics that do not affect the efficiency measurement, such
as paint color.
The OCMG is used to identify which individual models are used to
determine a represented value for the basic model. Specifically, only
the individual model(s) with the least number (which could be zero) of
the specific components listed in Table 5 of Sec. 429.43 is considered
when identifying the individual model. This clarifies which individual
models are exempted from consideration for determination of represented
values in the case of an OCMG with multiple specified components and no
individual models with zero specific components listed in Table 5 of
Sec. 429.43. Models with a number of specific components listed in
Table 5 greater than the model(s) with the least number in the OCMG are
exempted from consideration. In the case that the OCMG includes an
individual model with no specific components listed in Table 5 of Sec.
429.43, then all individual models in the OCMG with any specified
components would be excluded from consideration. Among the remaining
non-excluded models, the least efficient individual model across the
OCMGs would be used to determine the representation of the basic model.
In the case where there are multiple individual models within a single
OCMG with the same non-zero least number of specified components, the
least efficient of these would be considered.
The use of the OCMG concept results in representations being based
on the same individual models as the approach proposed in the February
2022 NOPR, i.e., the represented values of performance are
representative of the individual model(s) with the lowest efficiency
found within the basic model, excluding certain individual models with
the specific components listed in Table 5 of Sec. 429.43. However, the
approach as adopted in this final rule is structured to more explicitly
address individual models with more than one of the specific components
listed in Table 5 of Sec. 429.43, as well as instances in which there
is no comparable model without any of the specified components.
Finally, DOE notes that use of the OCMG concept for CRACs is
consistent with the approach finalized by DOE in test procedure final
rules for direct expansion-dedicated outdoor air systems (see 87 FR
45164 (July 27, 2022)) \20\ and single package vertical units (see 87
FR 75144 (Dec. 7, 2022),\21\ and proposed in a test procedure NOPR for
water-source heat pumps (see 87 FR 53302 (August 30, 2022)).\22\
---------------------------------------------------------------------------

\20\ See also ``Direct Expansion Dedicated Outdoor Air Systems
(DX-DOAS) Illustration of Specified Components Requirements
Presentation'' (available at: <a href="http://www.regulations.gov/document/EERE-2017-BT-TP-0018-0038">www.regulations.gov/document/EERE-2017-BT-TP-0018-0038</a>).
\21\ See also ``Single Package Vertical Units (SPVU)
Illustration of Specified Components Requirements, November 2022''
(available at: <a href="http://www.regulations.gov/document/EERE-2017-BT-TP-0020-0025">www.regulations.gov/document/EERE-2017-BT-TP-0020-0025</a>).
\22\ See also ``Water Source Heat Pumps (WSHP) Illustration of
Specified Components Requirements, Test Procedure NOPR--August
2022'' (available at: <a href="http://www.regulations.gov/document/EERE-2017-BT-TP-0029-0013">www.regulations.gov/document/EERE-2017-BT-TP-0029-0013</a>).
---------------------------------------------------------------------------

In response to the February 2022 NOPR, AHRI suggested that DOE
should include in appendix E six additional components (coated coils,
sound traps/sound attenuators, indoor or outdoor fans with VFD,
compressor VFD, evaporative pre-cooling of condenser intake air, and
hot gas bypass) at 10 CFR 429.134; AHRI commented that these components
were included in the Commercial HVAC Enforcement Policy. (AHRI, No. 9
at pp. 6-7)
In response, DOE notes that none of these six components are
specified for CRACs in the Commercial HVAC Enforcement Policy. However,
AHRI 1360-202X Draft (and the subsequently finalized AHRI 1360-2022)
includes three of the components--compressor VFD, evaporative pre-
cooling of condenser intake air, and coated coils--as optional features
for CRACS. In the February 2022 NOPR, DOE tentatively concluded that it
was appropriate to consider inclusion of compressor VFD and evaporative
pre-cooling of condenser intake air as optional features, and the
Department proposed provisions for these features at 10 CFR 429.43. 87
FR 6948, 6975 (Feb. 7, 2022). Correspondingly, in this final rule DOE
is including these two components as specific components listed in
Table 5 of Sec. 429.43.
Regarding sound traps/sound attenuator, indoor or outdoor fans with
VFD, and hot gas bypass, DOE notes that these components are not
included in AHRI 1360-202X Draft (and the subsequently finalized
industry consensus test procedure AHRI 1360-2022). Further, DOE notes
that AHRI did not provide any rationale as to the need for including
these components as specific components in Table 5 of Sec. 429.43.
Additionally, these components are not included for CRACs in the
Commercial HVAC Enforcement Policy. Therefore, DOE has concluded that
it has no basis to include these components as specific components
listed in Table 5 of Sec. 429.43.
Regarding coated coils, in the February 2022 NOPR, DOE proposed to
exclude coated coils from the specific components list specified in 10
CFR 429.43 because DOE tentatively concluded that the presence of
coated coils does not result in a significant impact to performance of
CRACs, and, therefore, that models with coated coils should be rated
based on performance of models with coated coils. 87 FR 6948, 6965
(Feb. 7, 2022). As discussed, DOE received comments from AHRI in
response to the February 2022 NOPR that DOE should consider including
coated coils in the list of specific components for CRACs at 10 CFR
429.134. DOE also received similar comments pertaining to coated coils
in response to other commercial HVAC equipment test procedure NOPRs,
specifically the test procedure supplemental notice of proposed

[[Page 21829]]

rulemaking (``SNOPR'') published for direct expansion-dedicated outdoor
air systems (``DX-DOASes'').\23\ (Docket No. EERE-2017-BT-TP-0018,
AHRI, No. 34 at p. 4) In response to the DX-DOAS SNOPR, AHRI and
Madison Indoor Air Quality (``MIAQ'') asserted that some coated coils
impact performance, but that each coating is different. (Docket No.
EERE-2017-BT-TP-0018, AHRI, No. 34 at p. 4; MIAQ, No. 29 at p. 4)
---------------------------------------------------------------------------

\23\ See 86 FR 72874 (Dec. 23, 2021).
---------------------------------------------------------------------------

AHRI's and MIAQ's assertions that some coated coils do impact
energy use suggest that there are other implementations of coated coils
that do not impact energy consumption as measured by the adopted test
procedure (i.e., the implementation of coated coils does not
necessarily or inherently impact energy use). DOE has no data
indicating the range of impacts for those coatings that do affect
energy use, or how other characteristics of the coatings, such as
durability and cost, correlate with energy use impacts. Absent such
data, DOE is unable to determine the specific range of impacts on
energy use made by coated coils. Nevertheless, given that comments on
the DX-DOAS SNOPR suggest that certain implementations of coated coils
do not impact energy use, DOE has determined that for those units for
which coated coils do impact energy use, representations should include
those impacts, thereby providing full disclosure for commercial
customers. Consequently, DOE is not incorporating coated coils into
DOE's provisions specified in 10 CFR 429.43(a)(3) that allow for the
exclusion of specified components when determining represented values
for CRACs. This approach is consistent with the one DOE has established
in a final rule for the DX-DOAS test procedure. 87 FR 45164, 45186
(July 27, 2022).
e. Enforcement Provisions Within 10 CFR 429.134
In the February 2022 NOPR, DOE sought to address CRACs that include
components specified in 10 CFR 429.43(a)(4)(i) both in the requirements
for representations (i.e., 10 CFR 429.43) and in the equipment-specific
enforcement provisions for assessing compliance (i.e., 10 CFR 429.134).
87 FR 6948, 6975-6977 (Feb. 7, 2022). DOE received no comments on this
topic.
Instructions on which units to test for the purpose of
representations are addressed in 10 CFR 429.43. Consequently, DOE has
determined that including parallel enforcement provisions in 10 CFR
429.134 would be redundant and potentially cause confusion because DOE
would select for enforcement only those individual models that are the
basis for making basic model representations as specified in 10 CFR
429.43. Therefore, in this final rule, DOE is providing the
requirements for making representations of CRACs that include the
specified components in 10 CFR 429.43 and is not including parallel
direction in the enforcement provisions of 10 CFR 429.134 established
in this final rule. However, DOE is finalizing the provision that
allows enforcement testing of alternative individual models with
specific components, if DOE cannot obtain for test the individual
models without the components that are the basis of representation.
3. Non-Standard Indoor Fan Motors
The Commercial HVAC Enforcement Policy includes high-static indoor
blowers/oversized motors as an optional feature for CRACs, among other
equipment. The Commercial HVAC Enforcement Policy states that when
selecting a unit of a basic model for DOE[hyphen]initiated testing, if
the basic model includes a variety of high-static indoor blowers or
oversized motor options,\24\ DOE will test a unit that has a standard
indoor fan assembly (as described in the STI that is part of the
manufacturer's certification, including information about the standard
motor and associated drive that was used in determining the certified
rating). This policy only applies where: (a) the manufacturer
distributes in commerce a model within the basic model with the
standard indoor fan assembly (i.e., standard motor and drive), and (b)
all models in the basic model have a motor with the same or better
relative efficiency performance as the standard motor included in the
test unit, as described in a separate guidance document discussed
subsequently. If the manufacturer does not offer models with the
standard motor identified in the STI or offers models with high-static
motors that do not comply with the comparable efficiency guidance, DOE
will test any indoor fan assembly offered for sale by the manufacturer.
---------------------------------------------------------------------------

\24\ The Commercial HVAC Enforcement Policy defines ``high-
static indoor blower or oversized motor'' as an assembly that drives
the fan and can deliver higher external static pressure than the
standard indoor fan assembly sold with the equipment.
---------------------------------------------------------------------------

DOE subsequently issued a draft guidance document (``Draft
Commercial HVAC Guidance Document'') on June 29, 2015 to request
comment on a method for comparing the efficiencies of a standard motor
and a high-static indoor blower/oversized motor.\25\ As presented in
the Draft Commercial HVAC Guidance Document, the relative efficiency of
an indoor fan motor would be determined by comparing the percentage
losses of the standard indoor fan motor to the percentage losses of the
non-standard (oversized) indoor fan motor. The percentage losses would
be determined by comparing each motor's wattage losses to the wattage
losses of a corresponding reference motor. Additionally, the draft
method contains a table that includes a number of situations with
different combinations of characteristics of the standard motor and
oversized motor (e.g., whether each motor is subject to Federal
standards for motors, whether each motor can be tested to the Federal
test procedure for motors, whether each motor horsepower is less than
one) and specifies for each combination whether the non-standard fan
enforcement policy would apply (i.e., whether DOE would not test a
model with an oversized motor, as long as the relative efficiency of
the oversized motor is at least as good as performance of the standard
motor). DOE has not issued a final guidance document and is instead
addressing the issue for CRACs in this test procedure rulemaking.
---------------------------------------------------------------------------

\25\ Available at <a href="http://www1.eere.energy.gov/buildings/appliance_standards/pdfs/draft-commercial-hvac-motor-faq-2015-06-29.pdf">www1.eere.energy.gov/buildings/appliance_standards/pdfs/draft-commercial-hvac-motor-faq-2015-06-29.pdf</a>.
---------------------------------------------------------------------------

In the February 2022 NOPR, DOE noted that the approaches in section
D3 of AHRI 1360-202X Draft for non-standard indoor fan motors and
integrated fan and motor combinations (``IFMs'') generally align with
the approaches of the Commercial HVAC Enforcement Policy and the Draft
Commercial HVAC Guidance Document, while providing greater detail and
accommodating a wider range of fan motor options. 87 FR 6948, 6966
(Feb. 7, 2022). DOE also tentatively determined that section D3 of
Appendix D of AHRI 1360-202X Draft would more fully provide the
guidance intended by the Commercial HVAC Enforcement Policy with regard
to non-standard indoor fan motors. Id. DOE proposed to adopt the
provisions in section D3 of AHRI 1360-202X Draft for comparing the
performance of standard and non-standard indoor fan motors and IFMs in
the proposed appendix E1.\26\ Id.

[[Page 21830]]

Additionally, DOE proposed to adopt the provisions in section D3 of
Appendix D of AHRI 1360-202X Draft for the determination of the
represented efficiency value of CRACs at 10 CFR 429.43(a)(3)(v)(C) and
for DOE assessment and enforcement testing of CRACs at 10 CFR
429.134(s)(1). Id.
---------------------------------------------------------------------------

\26\ Per DOE's existing certification regulations, if a
manufacturer were to use the proposed approach to certify a basic
model, the manufacturer would be required to maintain documentation
of how the relative efficiencies of the standard and non-standard
fan motors or the input power of the standard and non-standard IFMs
were determined, as well as the supporting calculations. See 10 CFR
429.71.
---------------------------------------------------------------------------

In commenting on this issue, AHRI stated support for maintaining
enforcement policy guidance even if such guidance moves to the test
procedure provisions, and that for future adoption, AHRI would support
provisions included in section D3 of Appendix D of 1360-202X Draft.
(AHRI, No. 9 at p. 7)
In the February 2022 NOPR, the Department proposed provisions
(referencing section D3 of AHRI 1360-202X Draft) regarding non-standard
indoor fan motors in the proposed 10 CFR 429.43(a)(3), which addresses
representation requirements for CRACs, rather than in the DOE test
procedure (i.e., appendix E1). Section D2 of AHRI 1360-2022 includes
the same provisions as those present in AHRI 1360-202X Draft. DOE has
concluded that maintaining provisions in both enforcement guidance and
DOE regulations would be redundant, and that including provisions in
DOE regulations provides better clarity to stakeholders. For the
reasons discussed in the preceding paragraphs and the February 2022
NOPR, DOE is finalizing its proposals regarding non-standard indoor fan
motors as proposed in the February 2022 NOPR.

G. Represented Values

1. Multiple Refrigerants
In the February 2022 NOPR, DOE noted that some commercial package
air conditioning and heating equipment may be sold with more than one
refrigerant option, and that DOE has identified at least one CRAC
manufacturer that provides two refrigerant options under the same model
number. 87 FR 6948, 6967 (Feb. 7, 2022). DOE stated that the use of a
refrigerant (such as R-407C as compared to R-410A) that requires
different hardware (i.e., compressors, heat exchangers, or air moving
systems that are not the same or comparably performing) would represent
a different basic model, and according to current DOE regulations,
separate representations of energy efficiency are required for each
basic model under 10 CFR 429.43(a). Id. DOE also noted that some
refrigerants (such as R-422D and R-427A) would not require different
hardware, and a manufacturer may consider them to be the same basic
model. Id. In the February 2022 NOPR, DOE proposed and requested
comment specifying that a manufacturer must determine the represented
values for that basic model based on the refrigerant(s)--among all
refrigerants listed on the unit's nameplate--that result in the lowest
cooling efficiency. Id.
AHRI supported the concept of DOE's proposal regarding
representations for CRAC models approved for use with multiple
refrigerants. (AHRI, No. 9 at p. 7) The CA IOUs also supported DOE's
proposal to require only ratings for the worst-performance refrigerant
for a given basic model and noted that this approach is consistent with
DOE's policy for other HVAC equipment. (CA IOUs, No. 6 at p. 7)
However, the CA IOUs recommended that DOE allow manufacturers to report
test results of the same basic model with multiple refrigerants,
stating that this would highlight equipment with the same hardware that
can be operated with better-performing refrigerants. Id. The CA IOUs
commented that commercial refrigeration equipment uses more than one
refrigerant for rating, and that DOE allows representations using
multiple refrigerants for consumer central air conditioners and heat
pumps. Id.
As discussed in section III.F.2 of this final rule, DOE is
generally clarifying in 10 CFR 429.43(a)(3)(iv)(A) that representations
for a CRAC basic model must be based on the least-efficient individual
model(s) distributed in commerce within the basic model (with the
exception specified in 10 CFR 429.43(a)(3)(iv)(A) for certain
individual models with the components listed in Table 5 to 10 CFR
429.43(a)(3); this list does not include different refrigerants).
Therefore, upon further consideration, DOE has determined that the
content of the proposal in the February 2022 NOPR regarding multiple
refrigerants (which would have required representations based on the
least-efficient refrigerant) is already included and clarified in the
provision adopted at 10 CFR 429.43(a)(3)(iv)(A) (which require
representations based on the least-efficient individual model (and thus
also the least-efficient refrigerant), with the exception mentioned
earlier in this paragraph), and that the refrigerant-specific
provisions proposed in the February 2022 NOPR at 10 CFR 429.43(a)(3)
would be redundant. As such, in this final rule, DOE is not adopting
the refrigerant-specific language proposed in the February 2022 NOPR.
Regarding the CA IOU's comment requesting provision allowing
additional representations within a basic model for different
refrigerants, DOE has concluded that because the efficiency of the CRAC
could be impacted by different refrigerant choices, the least-efficient
individual model requirement necessitates consideration of the least-
efficient refrigerant when determining represented values for that
basic model. Therefore, DOE is not adopting the CA IOUs' suggestion to
allow representations for multiple refrigerants within a single basic
model, because it would be inconsistent with the Department's adopted
requirement that the represented values for a basic model be based on
the least-efficient individual model.
2. Net Sensible Cooling Capacity
For CRACs, net sensible cooling capacity (``NSCC'') determines
equipment class, which in turn determines the applicable energy
conservation standard. 10 CFR 431.97. In the February 2022 NOPR, DOE
noted that while NSCC is a required represented value for CRACs, DOE
does not currently specify provisions for CRACs regarding how close the
represented value of NSCC must be to the tested or alternative energy-
efficiency determination method (``AEDM'') simulated NSCC, or whether
DOE will use measured or certified NSCC to determine equipment class
for enforcement testing. 87 FR 6948, 6967 (Feb. 7, 2022). DOE proposed
to add to its regulations the following provisions regarding NSCC for
CRACs: (1) a requirement that the represented NSCC be between 95
percent and 100 percent of the tested or AEDM-simulated cooling
capacity; and (2) an enforcement provision stating that DOE would use
the mean of measured NSCC values from testing, rather than the
certified cooling capacity, to determine the applicable standards. Id.
AHRI expressed support for DOE's proposal that the represented NSCC
be between 95 percent and 100 percent of the tested or AEDM-simulated
cooling capacity. (AHRI, No. 9 at p. 8) However, AHRI opposed DOE's
proposed enforcement provision of using the mean of measured NSCC
values from testing to determine the applicable standards, rather than
the certified NSCC, stating that this is a deviation from the current
requirement that DOE conduct statistical averaging of three units to
confirm published capacity, and that this proposal was presented
without supporting evidence necessary to make the change. Id. AHRI
recommended that DOE apply enforcement provisions similar to those for
packaged terminal air conditioners

[[Page 21831]]

(``PTACs''), which specify in paragraph (e) of 10 CFR 429.134 that if
the certified cooling capacity is found to be ``valid'' based on the 5-
percent allowance to the tested mean, the reported certified value of
cooling capacity is used in the next steps of decision making rather
than just the mean itself. Id. AHRI noted that this 5-percent allowance
is also currently provided for portable air conditioners, water
heaters, and dehumidifiers. AHRI stated that using just the mean of the
measurement(s) to determine the applicable standard with which the
model must comply is too restrictive and does not follow precedence set
by similar products. Id.
In response, DOE acknowledges that the enforcement provisions for
PTACs specified at 10 CFR 429.134(e) are different than those specified
for CUACs at 10 CFR 429.134(g) (which are consistent with the
provisions proposed for CRACs). However, the efficiency standards for
PTACs are linearly variable with capacity (i.e., a change in PTAC
capacity changes the minimum efficiency required). This relationship
between capacity and the applicable standard justifies DOE's approach
for PTACs to use the reported certified value of cooling capacity if
the certified cooling capacity is found to be within tolerance. In
contrast, the energy conservation standards for CRACs are based on
equipment classes that are differentiated based on fixed-capacity
thresholds (i.e., no linear relationship between capacity and the
applicable standard). As noted, the proposed provisions for CRACs are
consistent with the current enforcement provisions for CUACs at 10 CFR
429.134(g), which have similar capacity thresholds for equipment
classes and also have fixed efficiency standards within each class. To
maintain consistency with the approach used for other similarly
situated commercial air conditioning and heating equipment with
equipment classes based on fixed-capacity thresholds, DOE is adopting
the enforcement provisions specifying that DOE would use the mean of
measured cooling capacity values from testing to determine the
applicable standards.
3. Validation Class for Glycol-Cooled CRACs
DOE's existing testing regulations allow the use of an AEDM, in
lieu of actual testing, to simulate the efficiency of CRACs. 10 CFR
429.43(a). In the AEDM requirements for CRACs in 10 CFR 429.70, the
table itemizing validation classes for commercial HVAC equipment
inadvertently omits glycol-cooled CRACs, which DOE understands to be
similar in design to water-cooled CRACs. To address this, in the
February 2022 NOPR, DOE proposed to include glycol-cooled CRACs in the
existing validation class for water-cooled CRACs at 10 CFR
429.70(c)(2)(iv). 87 FR 6948, 6968 (Feb. 7, 2022). Specifically, DOE
proposed at 10 CFR 429.70(c)(2)(iv) that the minimum number of distinct
water-cooled and/or glycol-cooled models that must be tested per AEDM
would be two basic models, which aligns with the ``two basic model''
requirement that currently applies to the water-cooled CRACs validation
class. Id.
DOE did not receive any comments regarding this proposal, and for
the reasons discussed in the preceding paragraph and the February 2022
NOPR, DOE is adopting this change as proposed.

H. Effective and Compliance Dates

As noted in the DATES section of this document, the effective date
for the adopted test procedure amendments for CRACs is 30 days after
publication of this final rule in the Federal Register. Regarding the
compliance date, EPCA prescribes that, if DOE amends a test procedure,
all representations of energy efficiency and energy use, including
those made in the context of certification and on marketing materials
and product labels, must be made in accordance with an amended test
procedure, beginning 360 days after publication of the final rule in
the Federal Register. (42 U.S.C. 6314(d)(1)) However, CRACs are not
required to be tested according to the test procedure in appendix E1
(that relies on the NSenCOP metric) until the compliance date of
amended energy conservation standards denominated in terms of the
NSenCOP metric, should DOE adopt such standards.

I. Test Procedure Costs

EPCA requires that the test procedures for commercial package air
conditioning and heating equipment be generally accepted industry
testing procedures or rating procedures developed or recognized by
either AHRI or ASHRAE, as referenced in ASHRAE Standard 90.1. (42
U.S.C. 6314(a)(4)(A)) Further, if such an industry test procedure is
amended, DOE must amend its test procedure to be consistent with the
amended industry test procedure unless DOE determines, by rule
published in the Federal Register and supported by clear and convincing
evidence, that such an amended test procedure would not meet the
requirements in 42 U.S.C. 6314(a)(2)-(3) related to representative use
and test burden. (42 U.S.C. 6314(a)(4)(B)) In this final rule, DOE is
amending the existing test procedure for CRACs, by adopting the
industry test standard AHRI 1360-2022, including the energy efficiency
metric, NSenCOP. DOE is also amending its representation and
enforcement provisions for CRACs.
In the February 2022 NOPR, DOE walked through the anticipated
compliance costs associated with the proposed test procedure and
tentatively determined that the test procedure proposals presented in
the NOPR would not increase testing burden for most CRAC manufacturers
(i.e., CRAC manufacturers who are AHRI members), compared to current
industry practice as indicated by AHRI 1360-202X Draft, and that those
proposed amendments would not have a significant impact on the
remaining CRAC manufacturers (i.e., CRAC manufacturers who are not AHRI
members). 87 FR 6948, 6968-6970 (Feb. 7, 2022).
AHRI commented that manufacturers, particularly of up-flow CRACs,
will experience significant impact if DOE adopts AHRI 1360-202X Draft,
rather than AHRI 1360-2017, noting that AHRI 1360-202X Draft includes a
revised right-angle static pressure deduction based on a study
conducted on forward curve fans, which changes the static pressure
deduction from a fixed 0.3 inches water gauge to one based on velocity.
(AHRI, No. 9 at pp. 8-9)
In response, DOE first notes that as previously mentioned, AHRI
1360-202X Draft has been finalized as AHRI 1360-2022. The amended test
procedure adopted in this final rule does not impose any additional
test ducting provisions beyond those included in the amended industry
consensus test procedure, AHRI 1360-2022. Additionally, DOE notes that
the test provision for up-flow CRACs highlighted by AHRI is an
alternate ducting methodology to be used when there is limited chamber
height to meet the ducting requirements of ANSI/ASHRAE Standard 37,
which are referenced in both ANSI/ASHRAE 127-2007 and AHRI 1360-2022.
For most up-flow CRAC units (i.e., all CRACs except for tall units with
large discharge duct dimensions), manufacturers can still choose to
test their units in taller test chambers using the ducting requirements
of ANSI/ASHRAE Standard 37, which comply with both the current CRAC
test procedure and the amended test procedure adopted in this final
rule. Further, DOE notes that the AEDM provision in 10 CFR 429.70 allow
the use of AEDMs to develop ratings for CRACs, and, thus, manufacturers
would not be required to test their very tall up-flow CRACs.

[[Page 21832]]

DOE has determined that the amendments in this final rule will
improve the representativeness, accuracy, and reproducibility of the
test results and will not be unduly burdensome for manufacturers to
conduct or result in increased testing cost as compared to the current
test procedure. Because the current DOE test procedure for CRACs is
being relocated to appendix E without change, the test procedure in
appendix E for measuring SCOP will result in no change in testing
practices. Should DOE adopt the proposed standards in the ongoing
energy conservation standards rulemaking (see 87 FR 12802 (March 7,
2022)) denominated in terms of the new metric (i.e., NSenCOP), the
amended test procedure in appendix E1 for measuring NSenCOP (as per
AHRI 1360-2022) would be required for use upon the compliance date of
such standards.
DOE has concluded that the test procedure at appendix E will not
increase third-party lab testing costs per unit relative to the current
DOE test procedure, which DOE estimates to be $10,200 (for CRACs that
are physically tested \27\). However, DOE has concluded that the
potential adoption of standards denominated in terms of NSenCOP (and
the corresponding requirement to use the amended test procedure in
appendix E1) would alter the measured energy efficiency for CRACs.
Consequently, manufacturers would likely not be able to rely on data
generated under the current test procedure and would, therefore, be
required to re-rate CRAC models. In accordance with 10 CFR 429.70, CRAC
manufacturers may elect to use AEDMs to rate models, which
significantly reduces costs to industry. DOE estimates the per-
manufacturer cost to develop and validate an AEDM for CRACs to be
$46,000. DOE estimates a cost of approximately $50 per basic model \28\
for determining energy efficiency using the validated AEDM.
---------------------------------------------------------------------------

\27\ Manufacturers are not required to perform laboratory
testing on all basic models. In accordance with 10 CFR 429.70, CRAC
manufacturers may elect to use AEDMs. An AEDM is a computer modeling
or mathematical tool that predicts the performance of non-tested
basic models. These computer modeling and mathematical tools, when
properly developed, can provide a means to predict the energy usage
or efficiency characteristics of a basic model of a given covered
product or equipment and reduce the burden and cost associated with
testing.
\28\ DOE estimated initial costs to validate an AEDM assuming 80
hours of general time to develop an AEDM based on existing
simulation tools and 16 hours to validate two basic models within
that AEDM at the cost of an engineering technician wage of $50 per
hour plus the cost of third-party physical testing of two units per
validation class (as required in 10 CFR 429.70(c)(2)(iv)). DOE
estimated the additional per basic model cost to determine
efficiency using an AEDM, assuming 1 hour per basic model at the
cost of an engineering technician wage of $50 per hour.
---------------------------------------------------------------------------

Given that most CRAC manufacturers are AHRI members, and that DOE
is adopting the procedure in the prevailing industry test procedure
that was established for use in AHRI's certification program, which has
already been updated to include NSenCOP, DOE expects that most
manufacturers will already be testing using the published version of
the AHRI 1360-2022 in the timeframe of any potential future energy
conservation standard. Based on this, DOE has determined that the test
procedure amendments are not expected to increase the testing burden on
CRAC manufacturers that are AHRI members. For the minority of CRAC
manufacturers that are not members of AHRI, the test procedure
amendments may have costs associated with model re-rating, to the
extent that the manufacturers would not already be testing to the
updated industry test procedure.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 and 13563

Executive Order (``E.O.'') 12866, ``Regulatory Planning and
Review,'' 58 FR 51735 (Oct. 4, 1993), 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 reviewed this final rule under the
provisions of the Regulatory Flexibility Act and the procedures and
policies published on February 19, 2003.
On February 7, 2022, DOE published in the Federal Register a notice
of proposed rulemaking (``February 2022 NOPR'') proposing to update the
references in the Federal test procedures to the most recent version of
the relevant industry test procedures as they relate to computer room
air conditioners (``CRACs'').
As part of the February 2022 NOPR, DOE conducted its initial
regulatory flexibility analysis (``IRFA''). 87 FR 6948, 6969-6970 (Feb.
7, 2022). DOE

[[Page 21833]]

used the Small Business Administration (``SBA'') small business size
standards to determine whether manufacturers qualify as small
businesses, which are listed by the North American Industry
Classification System (NAICS).\29\ The 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.
---------------------------------------------------------------------------

\29\ The size standards are listed by NAICS code and industry
description and are available at: <a href="http://www.sba.gov/document/support--table-size-standards">www.sba.gov/document/support--table-size-standards</a> (last accessed on August 30, 2021).
---------------------------------------------------------------------------

CRAC manufacturers are classified under NAICS code 333415, ``Air-
Conditioning and Warm Air Heating Equipment and Commercial and
Industrial Refrigeration Equipment Manufacturing.'' In 13 CFR 121.201,
the SBA sets a threshold of 1,250 employees or fewer for an entity to
be considered as a small business for this category. DOE utilized the
California Energy Commission's Modernized Appliance Efficiency Database
System (``MAEDbS'') \30\ and DOE's Compliance Certification Database
(``CCD'') \31\ in identifying potential small businesses that
manufacture CRACs covered by this rulemaking. DOE used subscription-
based business information tools (e.g., reports from Dun & Bradstreet
\32\) to determine headcount and revenue of those small businesses. DOE
identified nine companies that are original equipment manufacturers
(``OEMs'') of CRACs covered by this rulemaking. DOE screened out
companies that do not meet the definition of a ``small business'' or
are foreign-owned and operated. DOE identified three small, domestic
OEMs for consideration and noted that one small, domestic OEM was not
an AHRI member, while the other two small, domestic OEMs were AHRI
members. 87 FR 6948, 6969 (Feb. 7, 2022). DOE noted that small
businesses would be expected to have different potential regulatory
costs depending on whether they are a member of AHRI or not. Id. at 87
FR 6970. DOE requested comment on the number of small businesses DOE
identified and on the potential costs for the small business that is
not an AHRI member and manufactures CRACs. Id.
---------------------------------------------------------------------------

\30\ MAEDbS can be accessed at
<a href="http://www.cacertappliances.energy.ca.gov/Pages/Search/AdvancedSearch.aspx">www.cacertappliances.energy.ca.gov/Pages/Search/AdvancedSearch.aspx</a>
(last accessed August 30, 2021).
\31\ Certified equipment in the CCD are listed by product class
and can be accessed at <a href="http://www.regulations.doe.gov/certification-data/#q=Product_Group_s%3A*">www.regulations.doe.gov/certification-data/#q=Product_Group_s%3A*</a> (last accessed August 30, 2021).
\32\ Market research available at: <a href="http://app.dnbhoovers.com">app.dnbhoovers.com</a> (last
accessed August 30, 2021).
---------------------------------------------------------------------------

On that topic, AHRI commented that it represented the following
single package vertical units (``SPVU'') companies that likely met the
criteria of small businesses that could be disproportionally impacted
by amended energy conservation standards: Bard Manufacturing Company,
Marvair, Systemair, Temspec, and United CoolAir. (AHRI, No. 9 at p. 9)
In response to AHRI's comment, DOE evaluated the four manufacturers
mentioned by AHRI and their product offerings. While these
manufacturers primarily manufacture SPVUs, which are not the subject of
this rulemaking, DOE's review found that two of these manufacturers
also offer products that meet the definition of wall-mounted CRAC
adopted in this final rule. One of the two manufacturers qualifies as a
small business under the applicable NAICS code (NAICS code 333415).
However, DOE notes that there are currently no energy conservation
standards for wall-mounted CRACs, and this is a test procedure
rulemaking with no proposed amendments to energy conservation
standards. Furthermore, DOE notes that no standards were proposed for
wall-mounted CRACs in the March 2022 ECS NOPR. Consequently, these two
manufacturers would not incur costs as a result of this final rule
unless they choose to make voluntary representations regarding the
NSenCOP of the subject equipment. Further, DOE is not adopting any test
requirements for wall-mounted CRACs that are not included in the
industry consensus test procedure AHRI 1360-2022. Additionally, AHRI's
comment suggests that these manufacturers are AHRI members. Therefore,
as discussed later in this section, it is DOE's conclusion that the
test procedure amendments would not add any additional testing burden
(beyond the updated industry consensus test procedure) to manufacturers
that are members of AHRI.
In this final rule, DOE is relocating the current DOE test
procedure to a new appendix E of subpart F of part 431 (``appendix E'')
without change. DOE is also establishing an amended test procedure at
appendix E1 to subpart F of part 431 (``appendix E1''), which
incorporates by reference the updated industry test standard AHRI 1360-
2022 for CRACs. Additionally, this final rule amends certain
representation and enforcement provisions for CRACs in 10 CFR part 429.
Appendix E does not contain any changes from the current Federal
test procedure, and, therefore, will not impose no cost on industry and
will not require retesting solely as a result of DOE's adoption of this
amendment to the test procedure.
The amended test procedure in appendix E1 includes amendments for
measuring CRAC energy efficiency using the NSenCOP metric so as to be
consistent with the updated industry test procedure. Should DOE adopt
amended energy conservation standards in the future that are
denominated in terms of NSenCOP (as proposed in the March 2022 ECS
NOPR), DOE expects there would not be an increase in third-party lab
testing costs per unit relative to the current Federal test procedure.
DOE estimates such testing costs to be $10,200 per unit for physical
testing. DOE has concluded that the amended test procedure may require
re-rating of CRAC models; however, this would not be mandatory until
such time as DOE amends the energy conservation standards for CRACs
based on NSenCOP, should DOE adopt such amendments.
If CRAC manufacturers conduct physical testing to certify a basic
model, two units are required to be tested per basic model. However,
manufacturers are not required to perform laboratory testing on all
basic models, as CRAC manufacturers may elect to use AEDMs.\33\ An AEDM
is a computer modeling or mathematical tool that predicts the
performance of non-tested basic models. These computer modeling and
mathematical tools, when properly developed, can provide a means to
predict the energy usage or efficiency characteristics of a basic model
of a given covered product or equipment and reduce the burden and cost
associated with testing.
---------------------------------------------------------------------------

\33\ In accordance with 10 CFR 429.70.
---------------------------------------------------------------------------

Small businesses would be expected to have different potential
regulatory costs depending on whether they are a member of AHRI. DOE
understands that all AHRI members and all manufacturers currently
certifying to the AHRI Directory will be testing their CRAC models in
accordance with AHRI 1360-2022, the industry test procedure DOE is
incorporating by reference, and using AHRI's certification program,
which has already been updated to include the NSenCOP metric.
The test procedure amendments would not add any additional testing
burden to manufacturers that are members of AHRI, as those members
currently are or soon will be using the AHRI 1360-2022 test procedure.
If DOE were to adopt energy conservation standards denominated in terms
of the NSenCOP metric, the amended test procedure may, however, result
in re-rating costs for manufacturers which are

[[Page 21834]]

not AHRI members (currently one identified OEM).
DOE estimated the range of additional potential testing costs for
the single small CRAC manufacturer that is not an AHRI member. This
small business would only incur additional testing costs if they would
not already be using AHRI 1360-2022 to test their CRAC models. DOE
estimates that this small business manufactures 113 basic models.
When developing cost estimates for this single, non-AHRI-member
small business, DOE considered the cost to develop an AEDM, the costs
to validate the AEDM through physical testing, and the cost per model
to determine ratings using the AEDM. DOE anticipates that this small
OEM would avail itself of the cost-saving option which the AEDM
provides. DOE estimated the cost to develop and validate an AEDM for
CRACs to be approximately $46,000, which includes physical testing of
two models per validation class. Additionally, DOE estimated a cost of
approximately $50 per basic model for determining energy efficiency
using the validated AEDM. The estimated cost to rate the 113 basic
models with the AEDM would be $5,650. Therefore, should DOE adopt
amended energy conservation standards denominated in terms of NSenCOP
as the efficiency metric (as proposed in the March 2022 ECS NOPR), this
small business could incur total testing and rating costs of $51,650.
DOE understands the annual revenue of this small business to be
approximately $17 million. Therefore, testing and AEDM costs could
cause this small business manufacturer to incur costs of up to 0.30
percent of its annual revenue.
Therefore, for the reasons stated in the preceding paragraphs, DOE
concludes and certifies that the cost effects accruing from this test
procedure final rule would not have a ``significant economic impact on
a substantial number of small entities,'' and that the preparation of a
FRFA is not warranted. DOE has submitted a certification and supporting
statement of factual basis to the Chief Counsel for Advocacy of the
Small Business Administration for review under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

Manufacturers of CRACs must certify to DOE that their products
comply with any applicable energy conservation standards. To certify
compliance, manufacturers must first obtain test data for their
products according to the DOE test procedures, including any amendments
adopted for those test procedures. DOE has established regulations for
the certification and recordkeeping requirements for all covered
consumer products and commercial equipment, including CRACs. (See
generally 10 CFR part 429.) The collection-of-information requirement
for the certification and recordkeeping is subject to review and
approval by OMB under the Paperwork Reduction Act (PRA). This
requirement has been approved by OMB under OMB control number 1910-
1400. Public reporting burden for the certification is estimated to
average 35 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
DOE is not amending the certification or reporting requirements for
CRACs in this final rule. Instead, DOE may consider proposals to amend
the certification requirements and reporting for CRACs under a separate
rulemaking regarding appliance and equipment certification. DOE will
address changes to OMB Control Number 1910-1400 at that time, as
necessary.
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

DOE has analyzed this regulation in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.; ``NEPA'') and
DOE's NEPA implementing regulations (10 CFR part 1021). In this final
rule, DOE establishes test procedure amendments that it expects will be
used to develop and implement future energy conservation standards for
CRACs. DOE has determined that this rule falls into a class of actions
that are categorically excluded from review under NEPA and DOE's
implementing regulations, because it is a rulemaking that interprets or
amends an existing rule or regulation that does not change the
environmental effect of the rule or regulation being amended.
Specifically, DOE has determined that adopting test procedures for
measuring energy efficiency of consumer products and industrial
equipment is consistent with activities identified in 10 CFR part 1021,
subpart D, appendix A, sections 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 10,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. The Executive order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. 65 FR 13735. DOE examined this final
rule and has 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

[[Page 21835]]

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 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 to amend the test procedure for measuring
the energy efficiency of CRACs 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 amendments to the Federal test procedure for CRACs contained in
this final rule adopt testing methods contained in certain sections of
the following commercial standards: AHRI 1360-2022, ANSI/ASHRAE 37-
2009, and ANSI/ASHRAE 127-2020. DOE has evaluated these standards and
is unable to conclude whether they fully comply with the requirements
of section 32(b) of the FEAA (i.e., whether they were developed in a
manner that fully provides for public participation, comment, and
review.) DOE has consulted with both the Attorney General and the
Chairman of the FTC about the impact on competition of using the
methods contained in these standards and has received no comments
objecting to their use.

M. 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 final rule is not a

[[Page 21836]]

``major rule'' as defined by 5 U.S.C. 804(2).

N. Description of Materials Incorporated by Reference

In this final rule, DOE incorporates by reference the following
test standards:
AHRI 1360-2022 is an industry-accepted test standard for measuring
the performance of CRACs. AHRI 1360-2022 is available from AHRI at
<a href="http://www.ahrinet.org/search-standards.aspx">www.ahrinet.org/search-standards.aspx</a>.
ANSI/ASHRAE 37-2009 is an industry-accepted test procedure that
provides a method of test for many categories of air conditioning and
heating equipment. ANSI/ASHRAE 37-2009 is available from ASHRAE and on
ANSI's website at <a href="http://webstore.ansi.org/RecordDetail.aspx?sku=ANSI%2FASHRAE+Standard+37-2009">webstore.ansi.org/RecordDetail.aspx?sku=ANSI%2FASHRAE+Standard+37-2009</a>.
ANSI/ASHRAE 127-2007 is an industry-accepted test procedure for
measuring the performance of CRACs. ANSI/ASHRAE 127-2007 is available
from ASHRAE and on ANSI's website at <a href="https://webstore.ansi.org/standards/ashrae/ansiashrae1272007">https://webstore.ansi.org/standards/ashrae/ansiashrae1272007</a>.
ANSI/ASHRAE 127-2020 is an industry-accepted test procedure for
measuring the performance of CRACs, which updates ANSI/ASHRAE 127-2007
to include new CRAC cooling configurations. ANSI/ASHRAE 127-2020 is
available from ASHRAE and on ANSI's website at <a href="http://webstore.ansi.org/standards/ashrae/ansiashrae1272020">webstore.ansi.org/standards/ashrae/ansiashrae1272020</a>.
The following standards were previously approved for incorporation
by reference in the sections where they appear and no change is made:
AHRI 210/240-2008, AHRI 340/360-2007, and ISO Standard 13256-1.

V. Approval of the Office of the Secretary

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

List of Subjects

10 CFR Part 429

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

10 CFR Part 431

Administrative practice and procedure, Confidential business
information, Energy conservation, Incorporation by reference, Reporting
and recordkeeping requirements.

Signing Authority

This document of the Department of Energy was signed on March 28,
2023, by Francisco Alejandro Moreno, Acting Assistant Secretary for
Energy Efficiency and Renewable Energy, pursuant to delegated authority
from the Secretary of Energy. That document with the original signature
and date is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.

Signed in Washington, DC, on March 28, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

For the reasons stated in the preamble, DOE is amending parts 429
and 431 of chapter II of title 10, Code of Federal Regulations as set
forth below:

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

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. Amend Sec. 429.4 by:
0
a. Removing the text ``http://'' wherever it appears;
0
b. Redesignating paragraph (c)(5) as paragraph (c)(6); and
0
c. Adding new paragraph (c)(5).
The addition reads as follows:

Sec. 429.4 Materials incorporated by reference.

* * * * *
(c) * * *
(5) AHRI Standard 1360-2022 (I-P) (``AHRI 1360-2022''), 2022
Standard for Performance Rating of Computer and Data Processing Room
Air Conditioners, copyright 2022; IBR approved for Sec. 429.43.
* * * * *

0
3. Amend Sec. 429.43 by adding paragraph (a)(3)(iv) to read as
follows.

Sec. 429.43 Commercial heating, ventilating, air conditioning (HVAC)
equipment (excluding air-cooled, three-phase, small commercial package
air conditioning and heating equipment with a cooling capacity of less
than 65,000 British thermal units per hour and air-cooled, three-phase,
variable refrigerant flow multi-split air conditioners and heat pumps
with less than 65,000 British thermal units per hour cooling capacity).

(a) * * *
(3) * * *
(iv) Computer room air conditioners. When certifying to standards
in terms of net sensible coefficient of performance (NSenCOP), the
following provisions apply.
(A) For individual model selection:
(1) Representations for a basic model must be based on the least-
efficient individual model(s) distributed in commerce among all
otherwise comparable model groups comprising the basic model, except as
provided in paragraph (a)(3)(iv)(A)(2) of this section for individual
models that include components listed in table 5 to paragraph
(a)(3)(iv)(A) of this section. For the purpose of this paragraph
(a)(3)(iv)(A)(1), otherwise comparable model group means a group of
individual models distributed in commerce within the basic model that
do not differ in components that affect energy consumption as measured
according to the applicable test procedure specified at 10 CFR 431.96
other than those listed in table 5 to paragraph (a)(3)(iv)(A) of this
section. An otherwise comparable model group may include individual
models distributed in commerce with any combination of the components
listed in table 5 (or none of the components listed in table 5). An
otherwise comparable model group may consist of only one individual
model.
(2) For a basic model that includes individual models distributed
in commerce, with components listed in table 5 to paragraph
(a)(3)(iv)(A) of this section, the requirements for determining
representations apply only to the individual model(s) of a specific
otherwise comparable model group distributed in commerce with the least
number (which could be zero) of components listed in table 5 to
paragraph (a)(3)(iv)(A) included in individual models of the group.
Testing under this paragraph (a)(3)(iv)(A)(2) shall be consistent with
any component-specific test provisions specified in section 4 of
appendix E1 to subpart F of 10 CFR part 431.

[[Page 21837]]

Table 5 to Paragraph (a)(3)(iv)(A)--Specific Components for Computer
Room Air Conditioners
------------------------------------------------------------------------
Component Description
------------------------------------------------------------------------
Air Economizers................... An automatic system that enables a
cooling system to supply and use
outdoor air to reduce or eliminate
the need for mechanical cooling
during mild or cold weather.
Process Heat Recovery/Reclaim A heat exchanger located inside the
Coils/Thermal Storage. unit that conditions the
equipment's supply air using energy
transferred from an external source
using a vapor, gas, or liquid.
Evaporative Pre-cooling of Air- Water is evaporated into the air
cooled Condenser Intake Air. entering the air-cooled condenser
to lower the dry-bulb temperature
and thereby increase efficiency of
the refrigeration cycle.
Steam/Hydronic Heat Coils......... Coils used to provide supplemental
heat.
Refrigerant Reheat Coils.......... A heat exchanger located downstream
of the indoor coil that heats the
supply air during cooling operation
using high pressure refrigerant in
order to increase the ratio of
moisture removal to cooling
capacity provided by the equipment.
Powered Exhaust/Powered Return Air A powered exhaust fan is a fan that
Fans. transfers directly to the outside a
portion of the building air that is
returning to the unit, rather than
allowing it to recirculate to the
indoor coil and back to the
building. A powered return air fan
is a fan that draws building air
into the equipment.
Compressor Variable Frequency A device connected electrically
Drive (VFD). between the equipment's power
supply connection and the
compressor that can vary the
frequency of power supplied to the
compressor in order to allow
variation of the compressor's
rotational speed. If the
manufacturer chooses to make
representations for performance at
part-load and/or low-ambient
conditions, compressor VFDs must be
treated consistently for all
cooling capacity tests for the
basic model (i.e., if the
compressor VFD is installed and
active for the part-load and/or low-
ambient tests, it must also be
installed and active for the
NSenCOP test).
Fire/Smoke/Isolation Dampers...... A damper assembly including means to
open and close the damper mounted
at the supply or return duct
opening of the equipment.
Non-Standard Indoor Fan Motors.... The standard indoor fan motor is the
motor specified in the
manufacturer's installation
instructions for testing and shall
be distributed in commerce as part
of a particular model. A non-
standard motor is an indoor fan
motor that is not the standard
indoor fan motor and that is
distributed in commerce as part of
an individual model within the same
basic model.
For a non-standard indoor fan
motor(s) to be considered a
specific component for a basic
model (and thus subject to the
provisions of paragraph
(a)(3)(iv)(A) of this section), the
following provisions must be met:
1. Non-standard indoor fan motor(s)
must meet the minimum allowable
efficiency determined per section
D.2.1 of AHRI 1360-2022
(incorporated by reference, see
Sec. 429.4) (i.e., for non-
standard indoor fan motors) or per
section D.2.2 of AHRI 1360-2022 for
non-standard indoor integrated fan
and motor combinations).
If the standard indoor fan motor can
vary fan speed through control
system adjustment of motor speed,
all non-standard indoor fan motors
must also allow speed control
(including with the use of VFD).
Humidifiers....................... A device placed in the supply air
stream for moisture evaporation and
distribution. The device may
require building steam or water,
hot water, electricity, or gas to
operate.
Flooded Condenser Head Pressure An assembly, including a receiver
Controls. and head pressure control valve,
used to allow for unit operation at
lower outdoor ambient temperatures
than the standard operating control
system.
Chilled Water Dual Cooling Coils.. A secondary chilled water coil added
in the indoor air stream for use as
the primary or secondary cooling
circuit in conjunction with a
separate chiller.
Condensate Pump................... A device used to pump condensate and/
or humidifier drain water from
inside the unit to a customer drain
outside the unit.
------------------------------------------------------------------------

(B) The represented value of net sensible cooling capacity must be
between 95 percent and 100 percent of the mean of the capacities
measured for the units in the sample selected as described in paragraph
(a)(1)(ii) of this section, or between 95 percent and 100 percent of
the net sensible cooling capacity output simulated by the AEDM as
described in paragraph (a)(2) of this section.
* * * * *

0
4. Amend Sec. 429.70 by revising the table in paragraph (c)(2)(iv) to
read as follows:

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

* * * * *
(c) * * *
(2) * * *
(iv) * * *

Table 1 to Paragraph (c)(2)(iv)
------------------------------------------------------------------------
Minimum number of distinct
Validation class models that must be tested
per AEDM
------------------------------------------------------------------------
(A) Commercial HVAC Validation Classes
------------------------------------------------------------------------
Air-Cooled, Split and Packaged ACs and HPs 2 Basic Models.
Greater than or Equal to 65,000 Btu/h
Cooling Capacity and Less than 760,000 Btu/
h Cooling Capacity.
Water-Cooled, Split and Packaged ACs and 2 Basic Models.
HPs, All Cooling Capacities.
Evaporatively-Cooled, Split and Packaged 2 Basic Models.
ACs and HPs, All Capacities.
Water-Source HPs, All Capacities........... 2 Basic Models.
Single Package Vertical ACs and HPs........ 2 Basic Models.
Packaged Terminal ACs and HPs.............. 2 Basic Models.

[[Page 21838]]

Air-Cooled, Variable Refrigerant Flow ACs 2 Basic Models.
and HPs Greater than or Equal to 65,000
Btu/h Cooling Capacity.
Water-Cooled, Variable Refrigerant Flow ACs 2 Basic Models.
and HPs.
Computer Room Air Conditioners, Air Cooled. 2 Basic Models.
Computer Room Air Conditioners, Water- 2 Basic Models.
Cooled and Glycol-Cooled.
Direct Expansion-Dedicated Outdoor Air 2 Basic Models.
Systems, Air-cooled or Air-source Heat
Pump, Without Ventilation Energy Recovery
Systems.
Direct Expansion-Dedicated Outdoor Air 2 Basic Models.
Systems, Air-cooled or Air-source Heat
Pump, With Ventilation Energy Recovery
Systems.
Direct Expansion-Dedicated Outdoor Air 2 Basic Models.
Systems, Water-cooled, Water-source Heat
Pump, or Ground Source Closed-loop Heat
Pump, Without Ventilation Energy Recovery
Systems.
Direct Expansion-Dedicated Outdoor Air 2 Basic Models.
Systems, Water-cooled, Water-source Heat
Pump, or Ground Source Closed-loop Heat
Pump, With Ventilation Energy Recovery
Systems.
------------------------------------------------------------------------
(B) Commercial Water Heater Validation Classes
------------------------------------------------------------------------
Gas-fired Water Heaters and Hot Water 2 Basic Models.
Supply Boilers Less than 10 Gallons.
Gas-fired Water Heaters and Hot Water 2 Basic Models.
Supply Boilers Greater than or Equal to 10
Gallons.
Oil-fired Water Heaters and Hot Water 2 Basic Models.
Supply Boilers Less than 10 Gallons.
Oil-fired Water Heaters and Hot Water 2 Basic Models.
Supply Boilers Greater than or Equal to 10
Gallons.
Electric Water Heaters..................... 2 Basic Models.
Heat Pump Water Heaters.................... 2 Basic Models.
Unfired Hot Water Storage Tanks............ 2 Basic Models.
------------------------------------------------------------------------
(C) Commercial Packaged Boilers Validation Classes
------------------------------------------------------------------------
Gas-fired, Hot Water Only Commercial 2 Basic Models.
Packaged Boilers.
Gas-fired, Steam Only Commercial Packaged 2 Basic Models.
Boilers.
Gas-fired Hot Water/Steam Commercial 2 Basic Models.
Packaged Boilers.
Oil-fired, Hot Water Only Commercial 2 Basic Models.
Packaged Boilers.
Oil-fired, Steam Only Commercial Packaged 2 Basic Models.
Boilers.
Oil-fired Hot Water/Steam Commercial 2 Basic Models.
Packaged Boilers.
------------------------------------------------------------------------
(D) Commercial Furnace Validation Classes
------------------------------------------------------------------------
Gas-fired Furnaces......................... 2 Basic Models.
Oil-fired Furnaces......................... 2 Basic Models.
------------------------------------------------------------------------
(E) Commercial Refrigeration Equipment Validation Classes \1\
------------------------------------------------------------------------
Self-Contained Open Refrigerators.......... 2 Basic Models.
Self-Contained Open Freezers............... 2 Basic Models.
Remote Condensing Open Refrigerators....... 2 Basic Models.
Remote Condensing Open Freezers............ 2 Basic Models.
Self-Contained Closed Refrigerators........ 2 Basic Models.
Self-Contained Closed Freezers............. 2 Basic Models.
Remote Condensing Closed Refrigerators..... 2 Basic Models.
Remote Condensing Closed Freezers.......... 2 Basic Models.
------------------------------------------------------------------------
\1\ The minimum number of tests indicated above must be comprised of a
transparent model, a solid model, a vertical model, a semi-vertical
model, a horizontal model, and a service-over-the counter model, as
applicable based on the equipment offering. However, manufacturers do
not need to include all types of these models if it will increase the
minimum number of tests that need to be conducted.

* * * * *

0
5. Amend Sec. 429.134 by adding paragraph (aa) to read as follows:

Sec. 429.134 Product-specific enforcement provisions.

* * * * *
(aa) Computer room air conditioners. The following provisions apply
for assessment and enforcement testing of models subject to energy
conservation standards denominated in terms of NSenCOP.
(1) Verification of net sensible cooling capacity. The net sensible
cooling capacity of each tested unit of the basic model will be
measured pursuant to the test requirements of 10 CFR part 431, subpart
F, appendix E1. The mean of the net sensible cooling capacity
measurement(s) will be used to determine the applicable energy
conservation standards for purposes of compliance.
(2) Specific components. If a basic model includes individual
models with components listed at table 5 to Sec. 429.43(a)(3)(iv)(A)
and DOE is not able to obtain an individual model with the least number
(which could be zero) of those components within an otherwise
comparable model group (as defined in Sec. 429.43(a)(3)(iv)(A)(1)),
DOE may test any individual model within the otherwise comparable model
group.

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT

0
6. The authority citation for part 431 continues to read as follows:

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

0
7. Section 431.92 is amended by:
0
a. Revising the introductory text;

[[Page 21839]]

0
b. Adding, in alphabetical order, definitions for ``Ceiling-mounted,''
``Ceiling-mounted ducted,'' and ``Ceiling-mounted non-ducted'';
0
c. Removing the definition for ``Computer Room Air Conditioner'' and
adding the definition ``Computer room air conditioner'' in its place;
and
0
d. Adding, in alphabetical order, definitions for ``Down-flow,''
``Floor-mounted,'' ``Fluid economizer,'' ``Horizontal-flow,'' ``Net
sensible coefficient of performance, or NSenCOP,'' ``Roof-mounted,''
``Up-flow,'' ``Up-flow ducted,'' ``Up-flow non-ducted,'' and ``Wall-
mounted.''
The revisions and additions read as follows:

Sec. 431.92 Definitions concerning commercial air conditioners and
heat pumps.

The following definitions apply for purposes of this subpart, and
of subparts J through M of this part. Any words or terms not defined in
this section or elsewhere in this part shall be defined as provided in
42 U.S.C. 6311. For definitions that reference the application for
which the equipment is marketed, DOE will consider any publicly
available document published by the manufacturer (e.g., product
literature, catalogs, and packaging labels) to determine marketing
intent. For definitions in this section that pertain to computer room
air conditioners, italicized terms within a definition indicate terms
that are separately defined in this section.
* * * * *
Ceiling-mounted means a configuration of a computer room air
conditioner for which the unit housing the evaporator coil is
configured for indoor installation on or through a ceiling.
Ceiling-mounted ducted means a configuration of a ceiling-mounted
computer room air conditioner that is configured for use with discharge
ducting (even if the unit is also configurable for use without
discharge ducting).
Ceiling-mounted non-ducted means a configuration of a ceiling-
mounted computer room air conditioner that is configured only for use
without discharge ducting.
* * * * *
Computer room air conditioner means commercial package air-
conditioning and heating equipment (packaged or split) that is marketed
for use in computer rooms, data processing rooms, or other information
technology cooling applications and not a covered consumer product
under 42 U.S.C. 6291(1)-(2) and 42 U.S.C. 6292. A computer room air
conditioner may be provided with, or have as available options, an
integrated humidifier, temperature and/or humidity control of the
supplied air, and reheating function. Computer room air conditioners
include, but are not limited to, the following configurations as
defined in this section: down-flow, horizontal-flow, up-flow ducted,
up-flow non-ducted, ceiling-mounted ducted, ceiling mounted non-ducted,
roof-mounted, and wall-mounted.
* * * * *
Down-flow means a configuration of floor-mounted computer room air
conditioner in which return air enters above the top of the evaporator
coil and discharge air leaves below the bottom of the evaporator coil.
* * * * *
Floor-mounted means a configuration of a computer room air
conditioner for which the unit housing the evaporator coil is
configured for indoor installation on a solid floor, raised floor, or
floor-stand. Floor-mounted computer room air conditioners are one of
the following three configurations: down-flow, horizontal-flow, and up-
flow.
Fluid economizer means an option available with a computer room air
conditioner in which a fluid (other than air), cooled externally from
the unit, provides cooling of the indoor air to reduce or eliminate
unit compressor operation when outdoor temperature is low. The fluid
may include, but is not limited to, chilled water, water/glycol
solution, or refrigerant. An external fluid cooler such as, but not
limited to a dry cooler, cooling tower, or condenser is utilized for
heat rejection. This component is sometimes referred to as a free
cooling coil, econ-o-coil, or economizer.
* * * * *
Horizontal-flow means a configuration of a floor-mounted computer
room air conditioner that is neither a down-flow nor an up-flow unit.
* * * * *
Net sensible coefficient of performance, or NSenCOP, means a ratio
of the net sensible cooling capacity in kilowatts to the total power
input in kilowatts for computer room air conditioners, as measured in
appendix E1 of this subpart.
* * * * *
Roof-mounted means a configuration of a computer room air
conditioner that is not wall-mounted, and for which the unit housing
the evaporator coil is configured for outdoor installation.
* * * * *
Up-flow means a configuration of a floor-mounted computer room air
conditioner in which return air enters below the bottom of the
evaporator coil and discharge air leaves above the top of the
evaporator coil.
Up-flow ducted means a configuration of an up-flow computer room
air conditioner that is configured for use with discharge ducting (even
if the unit is also configurable for use without discharge ducting).
Up-flow non-ducted means a configuration of an up-flow computer
room air conditioner that is configured only for use without discharge
ducting.
* * * * *
Wall-mounted means a configuration of a computer room air
conditioner for which the unit housing the evaporator coil is
configured for installation on or through a wall.
* * * * *

0
8. Amend Sec. 431.95 by:
0
a. Adding paragraph (b)(10);
0
b. In paragraph (c)(2), removing the text ``D1, F1'' and adding, in its
place, ``D1, E1, F1'';
0
c. In paragraph (c)(7), removing the text ``Sec. 431.96'' and adding,
in its place, ``Sec. 431.96 and appendix E to this subpart'';
0
d. Redesignating paragraph (c)(8) as paragraph (c)(9); and
0
e. Adding new paragraph (c)(8).
The additions and revisions read as follows:

Sec. 431.95 Materials incorporated by reference.

* * * * *
(b) * * *
(10) AHRI Standard 1360-2022 (I-P) (``AHRI 1360-2022''), 2022
Standard for Performance Rating of Computer and Data Processing Room
Air Conditioners, copyright 2022; IBR approved for appendix E1 to this
subpart.
(c) * * *
(8) ANSI/ASHRAE Standard 127-2020 (``ANSI/ASHRAE 127-2020''),
Method of Rating Air-Conditioning Units Serving Data Center (DC) and
Other Information Technology Equipment (ITE) Spaces, ANSI-approved on
November 30, 2020; IBR approved for appendix E1 to this subpart.
* * * * *

0
9. Amend Sec. 431.96 by revising table 1 to paragraph (b) to read as
follows:

Sec. 431.96 Uniform test method for the measurement of energy
efficiency of commercial air conditioners and heat pumps.

* * * * *
(b) * * *

[[Page 21840]]

Table 1 to Paragraph (b)--Test Procedures for Commercial Air Conditioners and Heat Pumps
--------------------------------------------------------------------------------------------------------------------------------------------------------
Additional test
Cooling capacity or Use tests, procedure provisions
Equipment type Category moisture removal Energy efficiency conditions, and as indicated in the
capacity \2\ descriptor procedures \1\ in listed paragraphs of
this section
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small Commercial Package Air- Air-Cooled, 3-Phase, <65,000 Btu/h......... SEER and HSPF........ Appendix F to this None.
Conditioning and Heating Equipment. AC and HP. subpart \3\.
SEER2 and HSPF2...... Appendix F1 to this None.
subpart \3\.
Air-Cooled AC and HP.. >=65,000 Btu/h and EER, IEER, and COP... Appendix A of this None.
<135,000 Btu/h. subpart.
Water-Cooled and <65,000 Btu/h......... EER.................. AHRI 210/240-2008 Paragraphs (c) and
Evaporatively-Cooled (omit section 6.5). (e).
AC.
>=65,000 Btu/h and EER.................. AHRI 340/360-2007 Paragraphs (c) and
<135,000 Btu/h. (omit section 6.3). (e).
Water-Source HP....... <135,000 Btu/h........ EER and COP.......... ISO Standard 13256-1. Paragraph (e).
Large Commercial Package Air- Air-Cooled AC and HP.. >=135,000 Btu/h and EER, IEER, and COP... Appendix A to this None.
Conditioning and Heating Equipment. <240,000 Btu/h. subpart.
Water-Cooled and >=135,000 Btu/h and EER.................. AHRI 340/360-2007 Paragraphs (c) and
Evaporatively-Cooled <240,000 Btu/h. (omit section 6.3). (e).
AC.
Very Large Commercial Package Air- Air-Cooled AC and HP.. >=240,000 Btu/h and EER, IEER, and COP... Appendix A to this None.
Conditioning and Heating Equipment. <760,000 Btu/h. subpart.
Water-Cooled and >=240,000 Btu/h and EER.................. AHRI 340/360-2007 Paragraphs (c) and
Evaporatively-Cooled <760,000 Btu/h. (omit section 6.3). (e).
AC.
Packaged Terminal Air Conditioners AC and HP............. <760,000 Btu/h........ EER and COP.......... Paragraph (g) of this Paragraphs (c), (e),
and Heat Pumps. section. and (g).
Computer Room Air Conditioners..... AC.................... <760,000 Btu/h........ SCOP................. Appendix E to this None.
subpart \3\.
<760,000 Btu/h........ NSenCOP.............. Appendix E1 to this None.
subpart \3\.
Variable Refrigerant Flow Multi- AC.................... <65,000 Btu/h (3- SEER................. Appendix F to this None.
split Systems. phase). subpart \3\.
SEER2................ Appendix F1 to this None.
subpart \3\.
Variable Refrigerant Flow Multi- HP.................... <65,000 Btu/h (3- SEER and HSPF........ Appendix F to this None.
split Systems, Air-cooled. phase). subpart \3\.
SEER2 and HSPF2...... Appendix F1 to this None.
subpart \3\.
Variable Refrigerant Flow Multi- AC and HP............. >=65,000 Btu/h and EER and COP.......... Appendix D of this None.
split Systems, Air-cooled. <760,000 Btu/h. subpart \3\.
>=65,000 Btu/h and IEER and COP......... Appendix D1 of this None.
<760,000 Btu/h. subpart \3\.
Variable Refrigerant Flow Multi- HP.................... <760,000 Btu/h........ EER and COP.......... Appendix D of this None.
split Systems, Water-source. subpart \3\.
<760,000 Btu/h........ IEER and COP......... Appendix D1 of this None.
subpart \3\.
Single Package Vertical Air AC and HP............. <760,000 Btu/h........ EER and COP.......... Appendix G to this None.
Conditioners and Single Package subpart \3\.
Vertical Heat Pumps.
EER, IEER, and COP... Appendix G1 to this None.
subpart \3\.
Direct Expansion-Dedicated Outdoor All................... <324 lbs. of moisture ISMRE2 and ISCOP2.... Appendix B of this None.
Air Systems. removal/hr. subpart.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Incorporated by reference; see Sec. 431.95.
\2\ Moisture removal capacity applies only to direct expansion-dedicated outdoor air systems.
\3\ For equipment with multiple appendices listed in this table, consult the notes at the beginning of those appendices to determine the applicable
appendix to use for testing.

* * * * *

0
10. Add appendix E to subpart F of part 431 to read as follows:

Appendix E to Subpart F of Part 431--Uniform Test Method for Measuring
the Energy Consumption of Computer Room Air Conditioners

Note: Manufacturers must use the results of testing under this
appendix to determine compliance with the relevant energy
conservation standards for computer room air conditioners from Sec.
431.97 as that standard appeared in the January 1, 2022 edition of
10 CFR parts 200 through 499. Specifically, representations,
including compliance certifications, must be based upon results
generated either under this appendix or under 10 CFR 431.96 as it
appeared in the 10 CFR parts 200 through 499 edition revised as of
January 1, 2022.
For any amended standards for computer room air conditioners
that rely on net sensible coefficient of performance (NSenCOP)
published after January 1, 2022, manufacturers must use the results
of testing under appendix E1 to this subpart to determine
compliance. Manufacturers may use appendix E1 to certify compliance
with any amended standards prior to the applicable compliance date
for those standards.

[[Page 21841]]

Specifically, representations, including compliance
certifications, related to energy consumption must be based upon
results generated under the appropriate appendix that applies (i.e.,
this appendix or appendix E1 to this subpart) when determining
compliance with the relevant standard.

1. Incorporation by Reference.
DOE incorporated by reference in Sec. 431.95 the entire
standard for ASHRAE 127-2007. However, certain enumerated provisions
of ASHRAE 127-2007, as listed in section 1.1, are inapplicable. To
the extent that there is a conflict between the terms or provisions
of a referenced industry standard and the CFR, the CFR provisions
control.
1.1 ASHRAE 127-2007:
(a) Section 5.11 is inapplicable as specified in section 2 of
this appendix.
(b) [Reserved]
1.2 [Reserved]
2. General. Determine the sensible coefficient of performance
(SCOP) in accordance with ASHRAE 127-2007.
3. Optional break-in period. Manufacturers may optionally
specify a ``break-in'' period, not to exceed 20 hours, to operate
the equipment under test prior to conducting the test method
specified in this appendix. A manufacturer who elects to use an
optional compressor break-in period in its certification testing
should record this period's duration as part of the information in
the supplemental testing instructions under 10 CFR 429.43.
4. Additional provisions for equipment set-up. The only
additional specifications that may be used in setting up the basic
model for test are those set forth in the installation and operation
manual shipped with the unit. Each unit should be set up for test in
accordance with the manufacturer installation and operation manuals.
Sections 4.1 and 4.2 of this appendix provide specifications for
addressing key information typically found in the installation and
operation manuals.
4.1. If a manufacturer specifies a range of superheat, sub-
cooling, and/or refrigerant pressure in its installation and
operation manual for a given basic model, any value(s) within that
range may be used to determine refrigerant charge or mass of
refrigerant, unless the manufacturer clearly specifies a rating
value in its installation and operation manual, in which case the
specified rating value must be used.
4.2. The airflow rate used for testing must be that set forth in
the installation and operation manuals being shipped to the
commercial customer with the basic model and clearly identified as
that used to generate the DOE performance ratings. If a rated
airflow value for testing is not clearly identified, a value of 400
standard cubic feet per minute (scfm) per ton must be used.

0
11. Add appendix E1 to subpart F of part 431 to read as follows:

Appendix E1 to Subpart F of Part 431--Uniform Test Method for Measuring
the Energy Consumption of Computer Room Air Conditioners

Note: Prior to the compliance date for any amended energy
conservation standards based on NSenCOP for computer room air
conditioners, representations with respect to energy use or
efficiency of this equipment, including compliance certifications,
must be based on testing pursuant to appendix E to this subpart.
Subsequently, manufacturers must use the results of testing under
this appendix to determine compliance with any amended energy
conservation standards for computer room air conditioners provided
in Sec. 431.97 that are published after January 1, 2022, and that
rely on net sensible coefficient of performance (NSenCOP).
Specifically, representations, including compliance certifications,
related to energy consumption must be based upon results generated
under the appropriate appendix that applies (i.e., appendix E to
this subpart or this appendix) when determining compliance with the
relevant standard. Manufacturers may use this appendix to certify
compliance with any amended standards prior to the applicable
compliance date for those standards.

1. Incorporation by Reference
DOE incorporated by reference in Sec. 431.95 the entire
standards for AHRI 1360-2022, ANSI/ASHRAE 37-2009, and ANSI/ASHRAE
127-2020. However, as listed in sections 1.1, 1.2, and 1.3 of this
appendix, only certain enumerated provisions of AHRI 1360-2022 and
ANSI/ASHRAE 127-2020 are applicable, and only certain enumerated
provisions of ANSI/ASHRAE 37-2009 are not applicable. To the extent
that there is a conflict between the terms or provisions of a
referenced industry standard and the CFR, the CFR provisions
control.
1.1 AHRI 1360-2022:
(a) The following sections of Section 3. Definitions--3.1
(Expressions of Provision), 3.2.2 (Air Sampling Device(s)), 3.2.7
(Computer and Data Processing Room Air Conditioner), 3.2.22 (Indoor
Unit), 3.2.25 (Manufacturer's Installation Instruction), 3.2.27 (Net
Sensible Cooling Capacity), 3.2.28 (Net Total Cooling Capacity),
3.2.37 (Standard Air) and 3.2.38 (Standard Airflow) are applicable.
(b) Section 5. Test Requirements, is applicable.
(c) The following sections of Section 6. Rating Requirements--
6.1-6.3, 6.5 and 6.7 are applicable.
(d) Appendix C. Standard Configurations--Normative, is
applicable.
(e) Section D2 of Appendix D. Non-Standard Indoor Fan Motors for
CRAC units, is applicable.
(f) Appendix E. Method of Testing Computer and Data Processing
Room Air Conditioners--Normative, is applicable.
(g) Appendix F. Indoor and Outdoor Air Condition Measurement--
Normative is applicable.
1.2 ANSI/ASHRAE 127-2020:
(a) Appendix A--Figure A-1, Test duct for measuring air flow and
static pressure on downflow units, is applicable.
(b) [Reserved].
1.3 ASHRAE 37-2009:
(a) Section 1 Purpose is inapplicable.
(b) Section 2 Scope is inapplicable.
(c) Section 4 Classification is inapplicable.
2. General. Determine the net sensible coefficient of
performance (NSenCOP), in accordance with AHRI 1360-2022, ANSI/
ASHRAE 127-2020, and ANSI/ASHRAE 37-2009. In cases where there is a
conflict between these sources, the language of this appendix takes
highest precedence, followed by AHRI 1360-2022, followed by ANSI/
ASHRAE 127-2020, followed by ANSI/ASHRAE 37-2009. Any subsequent
amendment to a referenced document by a standard-setting
organization will not affect the test procedure in this appendix,
unless and until this test procedure is amended by DOE. Materi

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