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Proposed Rule2023-19146

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

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Published

September 29, 2023

Issuing agencies

Energy Department

Abstract

The U.S. Department of Energy ("DOE") proposes to establish and amend the certification provisions, labeling requirements, and enforcement provisions for specific types of consumer products and commercial and industrial equipment, as described in sections II and III of this proposed rule. DOE is proposing to establish and make amendments to the certification requirements, labeling requirements, and enforcement provisions for these products and equipment to ensure reporting that is consistent with currently applicable energy conservation standards and test procedures and to ensure DOE has the information necessary to determine the appropriate classification of products for the application of standards. DOE seeks comment from interested parties on all aspects of this proposal.

Full Text

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[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Proposed Rules]
[Pages 67458-67511]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19146]

[[Page 67457]]

Vol. 88

Friday,

No. 188

September 29, 2023

Part II

Department of Energy

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10 CFR Parts 429 and 431

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

Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 /
Proposed Rules

[[Page 67458]]

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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[EERE-2023-BT-CE-0001]
RIN 1904-AF48

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

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

ACTION: Notice of proposed rulemaking and announcement of public
meeting.

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SUMMARY: The U.S. Department of Energy (``DOE'') proposes to establish
and amend the certification provisions, labeling requirements, and
enforcement provisions for specific types of consumer products and
commercial and industrial equipment, as described in sections II and
III of this proposed rule. DOE is proposing to establish and make
amendments to the certification requirements, labeling requirements,
and enforcement provisions for these products and equipment to ensure
reporting that is consistent with currently applicable energy
conservation standards and test procedures and to ensure DOE has the
information necessary to determine the appropriate classification of
products for the application of standards. DOE seeks comment from
interested parties on all aspects of this proposal.

DATES: DOE will accept comments, data, and information regarding this
proposal no later than November 28, 2023. See section V, ``Public
Participation,'' for details. DOE will hold a public meeting via
webinar on Thursday, October 26, 2023, from 1:00 p.m. to 4:00 p.m. See
section V, ``Public Participation,'' for webinar registration
information, participant instructions, and information about the
capabilities available to webinar participants.

ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a> under docket
number EERE-2023-BT-CE-0001. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments,
identified by docket number EERE-2023-BT-CE-0001, by any of the
following methods:
Email: <a href="/cdn-cgi/l/email-protection#2c6d5c5c40454d424f497f584d42484d5e485f7d59495f584543425f6c494902484349024b435a">[email&#160;protected]</a>. Include the docket
number EERE-2023-BT-CE-0001 in the subject line of the message.
Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445. If possible, please submit all items on a compact disc
(``CD''), in which case it is not necessary to include printed copies.
Hand Delivery/Courier: Appliance and Equipment Standards Program,
U.S. Department of Energy, Building Technologies Office, 1000
Independence Ave. SW, Washington, DC 20585. Telephone: (202) 287-1445.
If possible, please submit all items on a CD, in which case it is not
necessary to include printed copies.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section V of this document.
Docket: The docket for this activity, which includes Federal
Register notices, public meeting attendee lists and transcripts (if a
public meeting is held), comments, and other supporting documents/
materials, is available for review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All
documents in the docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a> index.
However, not all documents listed in the index may be publicly
available, such as information that is exempt from public disclosure.
The docket web page can be found at <a href="http://www.regulations.gov/docket/EERE-2023-BT-CE-0001">www.regulations.gov/docket/EERE-2023-BT-CE-0001</a>. The docket web page contains instructions on how
to access all documents, including public comments, in the docket. See
section V for information on how to submit comments through
<a href="http://www.regulations.gov">www.regulations.gov</a>.

FOR FURTHER INFORMATION CONTACT: Mr. Lucas Adin, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-2J, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 287-5904. Email:
<a href="/cdn-cgi/l/email-protection#501120203c39313e33350324313e34312234230125352324393f3e231035357e343f357e373f26">[email&#160;protected]</a>.
Ms. Amelia Whiting, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-2588. Email:
<a href="/cdn-cgi/l/email-protection#7f3e121a13161e512817160b1611183f170e511b101a51181009">[email&#160;protected]</a>.
For further information on how to submit a comment, review other
public comments and the docket, or participate in a public meeting (if
one is held), contact the Appliance and Equipment Standards Program
staff at (202) 287-1445 or by email:
<a href="/cdn-cgi/l/email-protection#09487979656068676a6c5a7d68676d687b6d7a587c6c7a7d6066677a496c6c276d666c276e667f">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
A. Central Air Conditioners and Heat Pumps
1. Reporting
2. Reporting Costs and Impacts
B. Dishwashers
1. Reporting
2. Reporting Costs and Impacts
C. Residential Clothes Washers
1. Reporting
2. Reporting Costs and Impacts
D. Pool Heaters
1. Reporting
2. Reporting Costs and Impacts
E. Dehumidifiers
1. Reporting
2. Reporting Costs and Impacts
F. External Power Supplies
1. Reporting
2. Reporting Costs and Impacts
G. Battery Chargers
1. Reporting
2. Reporting Costs and Impacts
H. Computer Room Air Conditioners
1. Reporting
2. Reporting Costs and Impacts
I. Direct Expansion-Dedicated Outdoor Air Systems
1. Reporting
2. Reporting Costs and Impacts
J. Air Cooled, Three-Phase, Small Commercial Air Conditioners
and Heat Pumps With a Cooling Capacity of Less Than 65,000 Btu/h and
Air-Cooled, Three-Phase, Variable Refrigerant Flow Air Conditioners
and Heat Pumps With a Cooling Capacity of Less Than 65,000 Btu/h
1. Reporting
2. Reporting Costs and Impacts
K. Commercial Water Heating Equipment
1. Reporting
2. Reporting Costs and Impacts
L. Automatic Commercial Ice Makers
1. Reporting
2. Reporting Costs and Impacts
M. Walk-In Coolers and Freezers
1. Reporting
2. Reporting Costs and Impacts
3. Labeling
4. Labeling Costs and Impact
N. Commercial and Industrial Pumps
1. Reporting
2. Reporting Costs and Impacts
O. Portable Air Conditioners
1. Reporting
2. Reporting Costs and Impacts
P. Compressors
1. Reporting
2. Reporting Costs and Impacts
Q. Dedicated-Purpose Pool Pump Motors
1. Reporting

[[Page 67459]]

2. Reporting Costs and Impacts
R. Air Cleaners
1. Reporting
2. Reporting Costs and Impacts
S. Single Package Vertical Units
1. Reporting
2. Reporting Costs and Impacts
T. Ceiling Fan Light Kits
1. Reporting
2. Reporting Costs and Impacts
U. Additional Corrections
V. Draft Certification Templates for Review
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866, 13563, and 14094
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
1. Description of the Requirements
2. Method of Collection
3. Data
4. Conclusion
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Description of Materials Incorporated by Reference
V. Public Participation
A. Participation in the Webinar
B. Procedure for Submitting Prepared General Statements for
Distribution
C. Conduct of the Webinar
D. Submission of Comments
E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Authority and Background

A. Authority

The Energy Policy and Conservation Act, Public Law 94-163, as
amended (``EPCA''),\1\ authorizes DOE to regulate the energy efficiency
of a number of consumer products and certain industrial equipment. (42
U.S.C. 6291-6317) Title III, Part B of EPCA \2\ established the Energy
Conservation Program for Consumer Products Other Than Automobiles,
which sets forth a variety of provisions designed to improve energy
efficiency, while Title III, Part C of EPCA,\3\ added by Public Law 95-
619, Title IV, section 441(a), established the Energy Conservation
Program for Certain Industrial Equipment, which sets forth a variety of
provisions designed to improve energy efficiency. These products and
equipment include central air conditioners and heat pumps (``CAC/
HPs''), dishwashers (``DWs''), residential clothes washers (``RCWs''),
pool heaters, dehumidifiers, external power supplies (``EPSs''),
battery chargers, computer room air conditioners (``CRACs''), direct-
expansion dedicated outdoor air systems (``DX-DOASes''), air cooled,
three-phase, small commercial air conditioners and heat pumps with a
cooling capacity of less than 65,000 Btu/h and air-cooled, three-phase
(``three-phase, less than 65,000 Btu/h ACUACs and ACUHPs''), variable
refrigerant flow air conditioners and heat pumps with a cooling
capacity of less than 65,000 Btu/h (``three-phase, less than 65,000
Btu/h VRF''), commercial water heating equipment (``CWHs''), automatic
commercial ice makers (``ACIMs''), walk-in coolers and walk-in freezers
(``walk-ins''), commercial and industrial pumps, portable air
conditioners (``portable ACs''), compressors, dedicated-purpose pool
pump motors (``DPPPMs''), air cleaners, single package vertical units
(``SPVUs''), and ceiling fan light kits (``CFLKs''), all of which are
subjects of this document. (42 U.S.C. 6292(a)(3), (6-7), (11), and
(20); 42 U.S.C. 6295(u), (cc), and (ff); 42 U.S.C. 6311(1)(A-D), (F-G),
(K), and (2)(B)(i)).
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\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
\3\ For editorial reasons, upon codification in the U.S. Code,
Part C was 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 specifically include definitions (42 U.S.C. 6291; 42
U.S.C. 6311), test procedures (42 U.S.C. 6293; 42 U.S.C. 6314),
labeling provisions (42 U.S.C. 6294; 42 U.S.C. 6315), energy
conservation standards (42 U.S.C. 6295; 42 U.S.C. 6313), and the
authority to require information and reports from manufacturers (42
U.S.C. 6316; 42 U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered products and equipment must use as the basis
for: (1) certifying to DOE that their products or equipment comply with
the applicable energy conservation standards adopted pursuant to EPCA
(42 U.S.C. 6295(s); 42 U.S.C. 6316(a); 42 U.S.C. 6316(b); 42 U.S.C.
6296), and (2) making other representations about the efficiency of
those consumer products or industrial equipment (42 U.S.C. 6293(c); 42
U.S.C. 6314(d)). Similarly, DOE must use these test procedures to
determine whether the products or equipment comply with relevant
standards promulgated under EPCA. (42 U.S.C. 6295(s); 42 U.S.C.
6316(a); 42 U.S.C. 6316(b); 42 U.S.C. 6296).
EPCA authorizes DOE to enforce compliance with the energy and water
conservation standards established for covered products and equipment.
(42 U.S.C. 6299-6305; 42 U.S.C. 6316(a)-(b)) DOE has promulgated
certification and/or enforcement regulations that include reporting
requirements for covered products and equipment including CAC/HPs, DWs,
RCWs, pool heaters, dehumidifiers, EPSs, battery chargers, CRACs,
three-phase, less than 65,000 Btu/h ACUACs and ACUHPs, three-phase,
less than 65,000 Btu/h VRF, CWHs, ACIMs, walk-ins, commercial and
industrial pumps, portable ACs, compressors, SPVUs, and CFLKs. DOE is
proposing certification and reporting requirements for DX-DOASes,
DPPPMs, and air cleaners. See 10 CFR part 429. Additionally, DOE is
amending labeling requirements for walk-ins. See 10 CFR 431.305. The
reporting requirements ensure that DOE has the information it needs to
assess whether regulated products and equipment sold in the United
States comply with the statutory and regulatory requirements applicable
to each covered product and equipment type.

B. Background

DOE's certification regulations are a mechanism that DOE uses to
help ensure compliance with its regulations by collecting information
about the energy and water use characteristics of covered products and
covered equipment distributed in commerce in the United States.
Manufacturers of most covered products and covered equipment must
submit a certification report for the duration of distribution,
specifically (1) before a basic model is distributed in commerce, (2)
annually thereafter, and (3) if the basic model is redesigned in a
manner that increases the consumption or decreases the efficiency of
the basic model such that the certified rating is no longer supported
by test data. 10 CFR 429.12. Additionally, manufacturers must report
when production of a basic model has ceased and is no longer offered
for sale as part of the next annual certification report following such
cessation. 10 CFR 429.12(f). DOE requires the manufacturer of any
covered product or covered equipment to establish, maintain, and retain
the records of certification reports, of the underlying test data for
all certification testing, and

[[Page 67460]]

of any other testing conducted to satisfy the requirements of 10 CFR
part 429, 10 CFR part 430, and/or 10 CFR part 431 until 2 years after
notifying DOE that a model has been discontinued. 10 CFR 429.71.
Certification reports provide DOE and consumers with comprehensive, up-
to-date efficiency information and support effective enforcement.
To ensure that all covered products and covered equipment
distributed in the United States comply with DOE's energy and water
conservation standards and reporting requirements, DOE has promulgated
certification, compliance, and enforcement regulations in 10 CFR parts
429 and 431. On March 7, 2011, DOE published in the Federal Register a
final rule regarding certification, compliance, and enforcement for
consumer products and commercial and industrial equipment, which
revised, consolidated, and streamlined DOE's existing certification,
compliance, and enforcement regulations for certain consumer products
and commercial and industrial equipment covered under EPCA. See 76 FR
12422. Since that time, DOE has completed multiple rulemakings
regarding certification, compliance, and enforcement for specific
covered products or equipment. See 79 FR 25486 (the May 5, 2014 Final
Rule specific to certification of commercial and industrial heating,
ventilation, and air conditioning (``HVAC''), refrigeration, and water
heating equipment) and 87 FR 43952 (the July 22, 2022 Final Rule
amending certification provisions for CFLKs, general service
incandescent lamps, incandescent reflector lamps, ceiling fans,
consumer furnaces and boilers, consumer water heaters, DWs, commercial
clothes washers, battery charges, and DPPPMs).
Additionally, if the Secretary has prescribed test procedures under
section 6314 for any class of covered equipment, the Secretary shall
prescribe a labeling rule applicable to such class of covered
equipment. See 42 U.S.C. 6315(a). EPCA, however, also sets out certain
criteria that must be met prior to prescribing a given labeling rule.
Specifically, to establish these requirements, DOE must determine that:
(1) labeling in accordance with section 6315 is technologically and
economically feasible with respect to any particular equipment class;
(2) significant energy savings will likely result from such labeling;
and (3) labeling in accordance with section 6315 is likely to assist
consumers in making purchasing decisions. (42 U.S.C. 6315(h))
If these criteria are met, EPCA specifies certain aspects of
equipment labeling that DOE must consider in any rulemaking
establishing labeling requirements for covered equipment. At a minimum,
such labels must include the energy efficiency of the affected
equipment, as tested under the prescribed DOE test procedure, and may
also require disclosure of the estimated operating costs and energy
use. (42 U.S.C. 6315(b)) The labeling provisions shall include
requirements the Secretary determines are likely to assist purchasers
in making purchasing decisions, such as: requirements and directions
for the display of the label; requirements for including on any label,
or separately attaching to, or shipping with, the covered equipment,
such additional information related to energy efficiency, energy use,
and other measures of energy consumption, including instructions for
maintenance and repair of the covered equipment, as the Secretary
determines is necessary to provide adequate information to purchasers;
and requirements that printed matter displayed or distributed with the
equipment at the point of sale also include the information required to
be placed on the label. (42 U.S.C. 6315(c))

II. Synopsis of the Notice of Proposed Rulemaking

Since the previous final rule amending certification requirements
for covered products (July 22, 2022; 87 FR 43952), DOE has proposed or
finalized test procedures and/or energy conservation standards for
multiple products and equipment. In this rulemaking, DOE is proposing
to revise its certification, labeling, and enforcement regulations for
certain covered products and equipment to align with these proposed and
finalized amendments.
In this notice of proposed rulemaking (``NOPR''), DOE proposes to
update the certification reporting requirements as follows:
(1) CAC/HP. Update the CAC/HP certification reporting requirements
at 10 CFR 429.16 to reflect the current version of the test procedure
at appendix M1 to subpart B of 10 CFR part 430 (``appendix M1'')
including test condition information. Correct discrepancies in CAC/HP
sampling plan to require using Student's t-Distribution Values from
appendix A to subpart B of part 429.
(2) DW. Align the DW certification reporting requirements with
appendix C1 to subpart B of 10 CFR part 430 (``appendix C1''), and with
appendix C2 to subpart B of 10 CFR part 430 (``appendix C2'').
Manufacturers must use appendix C1 beginning July 17, 2023. If DOE
adopts any amended energy conservation standards based on appendix C2,
manufacturers must use appendix C2 beginning on the standards'
compliance date. Add reporting requirements specific to the energy and
water use for DWs with water re-use systems and built-in reservoirs.
(3) RCWs. Remove outdated certification reporting requirements for
RCWs pertaining to appendix J1 to subpart B of 10 CFR part 430
(``appendix J1''), which has been removed. Update the existing
certification reporting requirements pertaining to appendix J2 to
subpart B of 10 CFR part 430 (``appendix J2'') for consistency with
test procedure terminology. Add a reporting requirement for test cloth
lot used by a manufacturer for testing/certifying to align with RCW
enforcement provisions outlined in 10 CFR 429.134(c). Add new
certification reporting requirements specific to appendix J to subpart
B of 10 CFR part 430 (``appendix J''), use of which would be required
at such time as compliance is required with any amended energy
conservation standards based on appendix J.
(4) Pool heaters. Align pool heater certification reporting
requirements with the amended energy conservation standards established
in a final rule published on May 30, 2023 (88 FR 34624) to require
reporting of thermal efficiency for electric pool heaters and establish
new reporting requirements specific to electric pool heaters.
(5) Dehumidifiers. Remove outdated certification reporting
requirements for dehumidifiers pertaining to appendix X to subpart B of
10 CFR part 430 (``appendix X''), use of which is no longer required.
(6) EPSs. Align EPS certification reporting requirements with the
amended test procedure at appendix Z to subpart B of 10 CFR part 430
(``appendix Z''), use of which is required beginning February 15, 2023.
Add reporting requirements to specify the output cord shipped with the
EPS (or the manufacturer's recommended output cord specifications).
Update the existing EPS certification reporting requirements to align
with the energy conservation standards established in the February 10,
2014 final rule (79 FR 7845), and require output voltage, which is
needed to verify the applicable product class. Revise sales reporting
requirements for EPSs exempt from energy conservation standards to
include the years for which the sales number represents.

[[Page 67461]]

(7) Battery chargers. Align battery charger certification reporting
requirements with appendix Y1 to subpart B of 10 CFR part 430
(``appendix Y1''), use of which would be required for any future
amended energy conservation standards for battery chargers.
(8) CRACs. Align CRACs certification reporting requirements with
amended energy conservation standards established in a final rule
published in the Federal Register on June 2, 2023 (88 FR 36392) and
require submission of a supplemental testing instructions file in PDF
format. Establish alternative efficiency determination method
(``AEDM'') tolerances for CRAC verification tests for NSenCOP.
(9) DX-DOAS. Establish DX-DOAS certification reporting requirements
for certifying compliance with the energy conservation standards
established in the November 1, 2022 final rule (87 FR 65651),
compliance with which is required beginning May 1, 2024. Require
submission of a supplemental testing instructions file in PDF format.
(10) Commercial AC/HPs. Establish certification reporting
requirements for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs
and three-phase, less than 65,000 Btu/h VRF aligned with the energy
conservation standards established in the final rule published on June
2, 2023 (88 FR 36392), compliance with which would be required
beginning January 1, 2025. Correct discrepancies in sampling plan for
three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase,
less than 65,000 Btu/h VRF to specify that the Student's t-Distribution
Values from appendix A to subpart B of part 429 should be used.
(11) CWHs. Align CWH certification reporting requirements with
amended energy conservation standards proposed in the May 19, 2022 NOPR
(87 FR 30610). Add reporting requirements specific to commercial
electric instantaneous water heaters. Additionally, add rated input
reporting requirement for commercial electric storage water heaters.
(12) ACIMs. Align existing ACIM certification reporting
requirements with revised ``energy use'' and ``condenser water use''
definitions and terminology adopted in the amended test procedure at 10
CFR 431.134, use of which is required beginning October 27, 2023.
Correct ACIM sampling requirements to remove discrepancy and require
using the Student's t-Distribution Values for a 95 percent one-tailed
confidence interval.
(13) WICFs. For walk-in refrigeration systems, add requirement to
report whether each refrigeration system meets the definition of a
carbon dioxide (``CO2'') unit cooler, detachable single-packaged
dedicated system, or an attached split system, consistent with
amendments to 10 CFR 431.302. Add requirements for submission of
supplementary testing information if necessary to run a valid test and
provide an option to report any compressor break-in duration used to
obtain certified rating. Additionally, expand the certification
reporting requirements for walk-in cooler and freezers with anti-sweat
heater (``ASH'') doors. Revise labeling requirements for walk-in panels
and walk-in refrigeration systems at 10 CFR 431.305.
(14) Commercial and Industrial Pumps. Require certification
reporting of commercial and industrial pump efficiency at best
efficiency point (``BEP''), constant load pump energy rating, and
variable load pump energy rating.
(15) Portable ACs. Clarify existing certification reporting
requirements for portable ACs and align them with instructions
specified in the test procedure at appendix CC to subpart B of 10 CFR
part 430 (``appendix CC'') and 10 CFR 429.62(a)(5).
(16) Compressors. Establish an annual filing date of September 1
for compressors at 10 CFR 429.12(d).
(17) DPPPMs. Add certification reporting requirements for DPPPMs
when certifying compliance with the energy conservation standards
proposed in the June 21, 2022 NOPR (87 FR 37122), and establish an
annual filing date of September 1 at 10 CFR 429.12(d).
(18) Air cleaners. Add certification reporting requirements for air
cleaners when certifying compliance with the energy conservation
standards adopted in the April 11, 2023 direct final rule, compliance
with which will be required beginning December 31, 2023, and establish
an annual filing date of December 1 at 10 CFR 429.12(d).
(19) SPVAC/HPs. Align SPVAC/HPs certification reporting
requirements with amended energy conservation standards proposed in the
December 8, 2022 ECS NOPR (87 FR 75388) and add content requirements
for supplemental testing instructions file in PDF format.
(20) CFLKs. Clarify existing CFLK reporting requirements at 10 CFR
429.33(b)(2)(ii)(A) and (b)(3)(ii)(B).
DOE's current and proposed reporting requirements, as well as the
reason for the proposed changes, are summarized in Table II.1.

Table II.1--Summary of Proposed Changes to Certification Reporting and
Labeling Requirements Relative to Current Certification Reporting and
Labeling Requirements
------------------------------------------------------------------------
Current DOE certification Proposed certification
reporting requirements reporting requirements Attribution
------------------------------------------------------------------------
For CAC/HPs, no reporting Add reporting Required to
requirement to indicate requirement to Sec. determine
whether variable speed coil- 429.16(e)(2)(vi) to applicable test
only rating is based on non- specify whether conditions
communicating or variable speed coil- specified in
communicating control. only rating is based appendix M1
on non-communicating test procedure.
or communicating
control.
For CAC/HPs, no reporting Add reporting Required to
requirement to indicate requirement to Sec. determine
whether system varies blower 429.16(e)(4)(iv) to applicable test
speeds with outdoor air specify whether conditions
conditions. system varies blower specified in
speeds with outdoor appendix M1
air conditions. test procedure.
For CAC/HPs, current sampling Correct Sec. Removes
requirements state to use 429.16(b)(3)(i)(B), discrepancy
Student's t-Distribution (ii)(B), and from sampling
Values from ``Appendix D'', (iii)(A)(2) to provisions,
whereas appendix A to subpart specify that the improves
B of part 429 contains the Student's t- clarity.
applicable Student's t- Distribution Values
Distribution Values. in appendix A to
subpart B of part 429
should be used.
For DWs, reporting Remove referenced Ensures
requirements in Sec. standard in Sec. consistency
429.19(b)(2) and (3) and list 429.19(b)(2) and from between
of materials incorporated by the list of materials reporting
reference in Sec. 429.4 incorporated by requirements
specify ANSI/AHAM DW-1-2010. reference in Sec. and DW test
429.4. procedures.
For DWs, reporting Add reporting Required to
requirements do not include requirements for ensure that
cycle selected for energy cycle selected for information
test. energy test at heavy, reported to DOE
medium, and light is consistent
soil loads, whether with the tested
the cycles are soil- cycle
sensing, and the requirements
options selected for specified in
the energy test at appendix C2.
these soil loads
(when testing in
accordance with
appendix C2) to Sec.
429.19(b)(3)(iv).

[[Page 67462]]

For DWs, reporting Add reporting Required to
requirements do not include requirement for ensure that the
cleaning index. average cleaning reported test
index of sensor heavy cycle is a
response, sensor valid test
medium response, and cycle that
sensor light response meets the
test cycles (when specified
testing in accordance cleaning index
with appendix C2) to threshold.
Sec.
429.19(b)(3)(v).
For DWs, reporting Add reporting Required to
requirements do not reflect requirements specific account for
water re-use system DWs. to water re-use extra energy
system DWs to Sec. use and water
429.19(b)(3)(vii), use associated
including energy use with water re-
and water use use systems.
associated with drain
out and clean out
events.
For DWs, reporting Add reporting Required to
requirements do not reflect requirements specific account for
information needed for DWs to DWs with built-in water
with built-in reservoirs. reservoirs to Sec. consumption of
429.19(b)(3)(viii), DWs with built-
including reservoir in reservoirs,
capacity, prewash and and therefore
main wash fill water determine
volume, and total compliance with
water consumption. the current
energy
conservation
standards.
For DWs, no rounding Add rounding Improves
requirements are specified in requirements to Sec. representativen
Sec. 429.19. 429.19(c). ess,
repeatability,
and
reproducibility
.
For RCWs, reporting Remove obsolete Appendix J1 has
requirements include outdated appendix J1 RCW been removed
requirements associated with reporting from 10 CFR
appendix J1. requirements from part 430.
Sec.
429.20(b)(2)(i).
For RCWs, ``capacity'' is Update existing Consistency in
required to be reported. requirement to terminology
specify ``clothes between
container capacity'' existing test
rather than procedure and
``capacity'' at Sec. reporting
429.20(b)(2)(ii). requirements.
For RCWs, reporting Add reporting Required to
requirements do not include requirement to Sec. ensure that
test cloth lot used by 429.20(b)(3) for test correct
manufacturer for testing and cloth lot number used remaining
certifying. during testing to moisture
determine other content
reported values. calculation is
used for
enforcement
testing per RCW
enforcement
provisions
specified in 10
CFR 429.134(c).
For RCWs, no reporting Add reporting Required to
requirements for RCWs tested requirements for ensure
in accordance with appendix J energy efficiency compliance with
test procedure. ratio, water proposed
efficiency ratio, amendments to
type of control energy
system, remaining conservation
moisture content, standards.
clothes container
capacity, and type of
loading when
certifying in
accordance with
appendix J to Sec.
429.20(b)(2)(i).
For pool heaters, reporting Add reporting Required to
requirement only includes requirement for determine
thermal efficiency for gas- integrated thermal compliance with
fired pool heaters. efficiency for both the amended
gas-fired and energy
electric pool heaters conservation
to Sec. standards.
429.24(b)(2)(i).
For electric pool heaters, no Add reporting Required to
reporting requirement for requirement for determine
active electrical power. active electrical compliance with
power for electric the amended
pool heaters to Sec. energy
429.24(b)(2)(ii). conservation
standards.
For dehumidifiers, reporting Remove obsolete Appendix X test
requirements include outdated appendix X procedure is no
requirements associated with dehumidifier longer required
appendix X. reporting for use.
requirements from
Sec.
429.36(b)(2)(i).
For EPSs, no reporting Add reporting Required to
requirement for output cord requirement for conduct amended
specifications. output cord appendix Z test
specifications (or procedure.
for EPSs shipped
without an output
cord, specifications
for the
manufacturer's
recommended output
cord) to Sec.
429.37(b)(i)-(iv).
For EPSs, no reporting Add reporting Required to
requirements for output requirements for determine
voltage. output voltage to compliance with
Sec. 429.37(i) currently
through (iv). applicable
energy
conservation
standards.
For EPSs exempt from the Add requirement that Improved
energy conservation the year for which clarity,
standards, only the number of the sales number consistency
units of exempt external being reported with other
power supplies sold during represents to Sec. similar
the most recent 12-calendar- 429.37(b)(3) and (c). reporting
month period ending on July requirements.
31, importer or manufacturer
name and address, and brand
name must be reported.
For battery chargers, Add reporting Required to
reporting requirements only requirements to Sec. determine
reflect metrics associated 429.39(b)(5) and (6) compliance with
with battery chargers tested for battery chargers any future
in accordance with appendix Y. tested in accordance amended energy
with newly adopted conservation
appendix Y1, multi- standards for
metric approach. battery
chargers.
For CRACs, reporting Add reporting Required to
requirements do not include requirements specific determine
provisions for certifying to net sensible compliance with
compliance with net sensible coefficient of the amended
coefficient of performance performance to Sec. energy
standards. 429.43(b)(2)(ix)(B). conservation
standards.
For CRACs, reporting Add supplemental Required to
requirements do not include testing instructions ensure that
provisions for submitting a file requirements in testing
supplemental testing PDF form for conditions are
instructions file in PDF form. certification reports met in the case
to Sec. of enforcement
429.43(b)(4)(viii). testing.
For CRACs, reporting Add reporting Required to
requirements do not include requirements for determine
indoor and outdoor unit indoor and outdoor specific
individual model numbers. unit individual model individual
numbers to Sec. models
429.43(b)(6)(i). distributed in
commerce under
each basic
model.
For CRACs, current AEDM Add tolerance of 5 Required for
tolerances do not specify percent to table 2 to consistency
tolerances for NSenCOP Sec. with allowable
verification tests. 429.70(c)(5)(vi)(B) AEDMs for other
for CRAC verification product types
tests for NSenCOP. and metrics.
For DX-DOASes, reporting Add reporting Required to
requirements do not include requirements for determine
provisions for certifying integrated seasonal compliance with
compliance with integrated moisture removal the energy
seasonal moisture removal efficiency 2 and conservation
efficiency 2 and integrated integrated seasonal standards.
seasonal coefficient of coefficient of
performance 2 standards. performance 2, as
well as rated
moisture removal
capacity, rated
supply airflow rate,
and configuration of
the basic model to
Sec.
429.43(b)(2)(xi)(A)
through (C).
For DX-DOASes, reporting Add reporting Required to
requirements do not include requirements for fully ensure
reporting requirements for systems with VERS to that
systems with ventilation Sec. enforcement
energy recovery systems 429.43(b)(3)(iii). provisions
(``VERS''). specified at
Sec.
429.134(s)for
DX-DOASes are
met in the case
of enforcement
testing.
For DX-DOASes, reporting Add supplemental Required to
requirements do not include testing instructions ensure that
provisions for submitting a file requirements in testing
supplemental testing PDF form for conditions are
instructions file in PDF form. certification reports met in the case
to Sec. of enforcement
429.43(b)(4)(x). testing.
For DX-DOASes, reporting Add reporting Required to
requirements do not include requirements for determine
indoor and outdoor unit indoor and outdoor specific
individual model numbers. unit individual model individual
numbers to Sec. models
429.43(b)(6)(ii). distributed in
commerce under
each basic
model.

[[Page 67463]]

For three-phase less than Add reporting Required to
65,000 Btu/h ACUACs and requirements for determine
ACUHPs and three-phase less seasonal energy compliance with
than 65,000 Btu/h VRF, no efficiency ratio 2 energy
reporting requirements for and heating seasonal conservation
seasonal energy efficiency performance factor 2 standards.
ratio 2 and heating seasonal to Sec.
performance factor 2. 429.67(f)(2).
For three-phase less than Add reporting Required to
65,000 Btu/h ACUACs and requirements for determine
ACUHPs and three-phase less indoor and outdoor specific
than 65,000 Btu/h VRF, unit individual model individual
reporting requirements do not numbers to Sec. models
include indoor and outdoor 429.67(f)(4)). distributed in
unit individual model numbers. commerce under
each basic
model.
For three-phase less than Add supplemental Required to
65,000 Btu/h ACUACs and testing instructions ensure that
ACUHPs and three-phase less file requirements in testing
than 65,000 Btu/h VRF, PDF form for conditions are
reporting requirements do not certification reports met in the case
include provisions for for outdoor units of enforcement
submitting a supplemental with no match to Sec. testing.
testing instructions file in 429.67(f)(3).
pdf form for outdoor units
with no match.
For three-phase less than Correct Sec. Removes
65,000 Btu/h ACUACs three- 429.67(c)(2)(ii)(A)(2 discrepancy
phase less than 65,000 Btu/h ) to specify that the from sampling
VRF, current sampling Student's t- provisions,
requirements state to use the Distribution Values improves
Student's t-Distribution in appendix A to clarity.
Values from ``appendix D'', subpart B of part 429
whereas appendix A to subpart should be used.
B of part 429 contains the
applicable Student's t-
Distribution Values.
For CWHs, no reporting Add reporting Required to
requirements for electric requirements for determine
instantaneous water heaters. electric compliance with
instantaneous water proposed energy
heaters to Sec. conservation
429.44(c)(2)(vi)-(vii standards.
).
For CWHs, no rated input Add rated input Required to
reporting requirement for reporting requirement determine that
electric storage water for electric storage models exceed
heaters. water heaters to Sec. the
429.44(c)(2)(i). definitional
requirement for
electric
storage water
heaters.
For ACIMs, reporting Update reporting Improved clarity
requirements include requirement and consistency
``maximum energy use'' and terminology to with
``maximum condenser water specify ``energy definitions.
use.''. use'' and ``condenser
water use'' in Sec.
429.45(b)(2).
For ACIMs, no rounding Add rounding Improves
requirements for represented requirements in Sec. representativen
values specified in 10 CFR 429.45(b)(3) that ess,
429.45. specify represented repeatability,
values determined in and
10 CFR 429.45 must be reproducibility
rounded consistent .
with the test
procedure rounding
instructions upon the
compliance date of
any amended standards.
For ACIMs, sampling provisions Revise sampling Removes
require use of the Student's provisions in 10 CFR discrepancy
t-Distribution Values for a 429.45(a)(2) to from sampling
95 percent two-tailed correct this provisions,
confidence interval from discrepancy and improves
appendix A to subpart B of clarify that the clarity.
part 429, whereas appendix A Student's t-
to subpart B of part 429 Distribution Values
contains one-tailed Student's for a 95 percent one-
t-Distribution Values. tailed confidence
interval from
appendix A to subpart
B of part 429.
For walk-in refrigeration Add reporting Required to
systems, no reporting requirement for ensure test
requirement for whether the whether the basic conditions
basic model meets the model meets the specified in
definition of a CO2 unit definition of a CO2 the test
cooler. unit cooler to Sec. procedure are
429.53(b)(2)(iii)(G). met.
For walk-in refrigeration Modify current Required to
systems, the configuration configuration ensure test
reporting requirement does reporting requirement conditions
not include ``detachable in Sec. specified in
single-packaged dedicated 429.53(b)(2)(iii)(C) the test
system'' or ``attached split to include procedure are
system''. ``detachable single- met.
packaged dedicated
system'' and
``attached split
system''.
For walk-in dedicated Add reporting Required to
condensing systems, no requirement in Sec. ensure test
reporting requirement for 429.53(b)(3)(ii) for conditions
head pressure controls. whether the basic specified in
model has head the test
pressure controls. procedure are
met.
No supplemental testing Add requirement in Required to
instructions for walk-in Sec. 429.53(b)(4) ensure test
refrigeration systems. for submission of conditions
supplement test specified in
information in PDF the test
format, if necessary procedure are
to run a valid test, met.
at the time of
certification.
For walk-in refrigeration Add optional reporting Improves
systems, no reporting requirement to Sec. representativen
requirement for compressor 429.53(b)(3)(ii) for ess,
break-in duration used to compressor break-in repeatability,
obtain certified rating. duration used to and
obtain certified reproducibility
rating, if applicable. .
For walk-in doors with anti- Add reporting Required to
sweat heater controls, no requirements to Sec. ensure
reporting requirements for 429.53(b)(2)(i)(H) applicable
conditions at which the for conditions (i.e., enforcement
controls activate the ASH temperature, provisions are
wire. humidity, etc.) at met in the case
which the controls of enforcement
activate the ASH wire. testing.
For walk-in doors, no Add reporting Required to
reporting requirement for requirement for calculate daily
thermal conduction load thermal conduction energy
through the door. load through the door consumption.
to Sec.
429.53(b)(3)(i)(B).
For walk-in panels, date of Require panel Aids enforcement
manufacturer is not required manufacture date be evaluation, as
on a panel's nameplate or added to the necessary.
label. nameplate or label in
Sec. 431.305(a).
For walk-in refrigeration Require the statement Required to
systems, unit coolers ``Only CO2 is ensure test
designed for use with CO2 as approved as a conditions
a refrigerant are not refrigerant for this specified in
required to indicate that system'' to be the test
they are designed for use included on the procedure are
with CO2 on the nameplate. nameplate for unit met.
coolers designed for
use with CO2 as a
refrigerant.
For commercial and industrial Modify existing Standardize
pumps, reporting requirements provisions in Sec. public
are optional for pump 429.59(b)(2) to information
efficiency at BEP, constant require reporting of reported for
load pump energy rating, and pump efficiency at pumps.
variable load pump energy BEP, constant load
rating. pump energy rating,
and variable load
pump energy rating.
For portable ACs, reporting Remove ``ability to Improved
requirement for duct operate in both clarity,
configuration lists ``ability configurations'' as consistency
to operate in both an option in Sec. with
configurations'' as an option. 429.62(b)(2) and add instructions in
reporting requirement appendix CC and
for whether model is 10 CFR
distributed in 429.62(a)(5).
commerce with
multiple duct
configuration options.
For portable ACs, no reporting Add reporting Required to
requirement for full-load requirements for determine
seasonally adjusted cooling whether the basic compliance with
capacity for variable-speed model is variable- the energy
models. speed, and if yes; conservation
the full-load standards.
seasonally adjusted
cooling capacity to
Sec. 429.62(b)(3).

[[Page 67464]]

For compressors, reporting Establish an annual Required to
requirements are included in filing date of ensure
10 CFR 429.63, but no annual September 1 at 10 CFR certification
filing date is specified in 429.12(d), by which information is
10 CFR 429.12. manufacturers would current on an
be required to submit annual basis,
required reporting consistent with
information to DOE. the
requirements
for other
covered
products and
equipment.
For DPPPMs, no reporting Add reporting Required to
requirements outlined in 10 requirements for verify
CFR 429.65. DPPPMs to Sec. compliance with
429.65(e). proposed energy
conservation
standards.
For DPPPMs, no rounding Add rounding Improves
requirements outlined in 10 requirements for representativen
CFR 429.65. DPPPMs to Sec. ess,
429.65(f). repeatability,
and
reproducibility
.
For DPPPMs, no annual filing Establish an annual Required to
date specified in 10 CFR filing date of ensure
429.12. September 1 at 10 CFR certification
429.12(d), by which information is
manufacturers would current on an
be required to submit annual basis,
required reporting consistent with
information to DOE. the
requirements
for other
covered
products and
equipment.
For air cleaners, no reporting Add reporting Required to
requirements outlined in 10 requirements for air verify
CFR 429.68. cleaners to Sec. compliance with
429.68(b). recently
adopted energy
conservation
standards.
For air cleaners, no annual Establish an annual Required to
filing date specified in 10 filing date of ensure
CFR 429.12. December 1 at 10 CFR certification
429.12(d), by which information is
manufacturers would current on an
be required to submit annual basis,
required reporting consistent with
information to DOE. the
requirements
for other
covered
products and
equipment.
For SPVUs, reporting Add reporting Required to
requirements do not include requirements for determine
provisions for certifying certifying compliance compliance with
compliance with integrated with integrated the energy
energy efficiency ratio energy efficiency conservation
standards. ratio standards to 10 standards.
CFR
429.43(b)(2)(v)(B)
and (vi)(B).
For SPVUs with cooling Add reporting Required to
capacities less than 65,000 requirements to 10 determine
Btu/h, reporting requirements CFR whether non-
do not include whether the 429.43(b)(2)(v)(B) weatherized
unit is weatherized or non- and (vi)(B) for SPVUs with
weatherized, and if non- whether the unit is cooling
weatherized, the airflow rate weatherized or non- capacities less
of outdoor ventilation air weatherized, and if than 65,000 Btu/
which is drawn in and non-weatherized, the h have met the
conditioned. airflow rate of definitional
outdoor ventilation requirements
air which is drawn in for airflow
and conditioned as rate of outdoor
determined in ventilation air
accordance with 10 which is drawn
CFR 429.134(x)(3), in and
while the equipment conditioned.
is operating with the
same drive kit and
motor settings used
to determine the
certified efficiency
rating of the
equipment.
For SPVUs, existing Add supplemental Required to
supplemental testing testing instruction ensure test
instruction requirements do file content conditions
not reflect updated requirements for when specified in
integrated energy efficiency certifying compliance the test
ratio test procedure. with an integrated procedure are
energy efficiency met.
ratio standard to 10
CFR
429.43(b)(4)(vi)(B)
and (vii)(B).
For CFLKs, reporting Amend reporting Required to
requirements inadvertently requirements in 10 determine
omit CFLKs distributed with CFR compliance with
consumer-replaceable SSL. 429.33(b)(2)(ii)(A) the energy
and (b)(3)(ii)(B) to conservation
include CFLKs standards.
distributed with
consumer-replaceable
SSL.
------------------------------------------------------------------------

The proposed regulatory amendments summarized in this section, and
that are described in greater detail in section III, pertain to
certification reporting requirements only. DOE is not proposing
amendments to the test procedures or energy conservation standards for
CAC/HPs, DWs, RCWs, pool heaters, dehumidifiers, EPSs, battery
chargers, CRACs, DX-DOASes, three-phase, less than 65,000 Btu/h ACUACs
and ACUHPs, three-phase, less than 65,000 Btu/h VRF, CWHs, ACIMs,
WICFs, commercial and industrial pumps, portable ACs, compressors,
DPPPMs, air cleaners, SPVUs, and CFLKs.

III. Discussion

Certification of compliance to DOE is a mechanism that helps
manufacturers understand their regulatory obligations for distributing
basic models of covered products and equipment that are subject to
energy conservation standards. Certification also helps consumers
obtain information about products' energy performance. Certification
reports include characteristics of covered products or equipment used
to determine which standard applies to a given basic model, and they
also help DOE identify models and/or regulated entities that may not
comply with the applicable regulations.
For the covered products and equipment addressed in this NOPR, DOE
has identified areas in which the certification reporting requirements
in 10 CFR part 429 are not consistent with the information required to
verify whether the information provided is consistent with the
certifier's statement of compliance with current energy conservation
standards. DOE is proposing amendments to the certification and
reporting provisions for these products and equipment to ensure
reporting that is consistent with currently applicable energy
conservation standards and to ensure that DOE has the information
necessary to determine the appropriate classification of products for
the application of standards. In addition to the specific proposals
discussed in the following sections, DOE is also proposing minor
amendments to ensure consistency among terms used throughout DOE's
certification and reporting provisions. Additionally, DOE is proposing
labeling requirements for certain covered equipment.

A. Central Air Conditioners and Heat Pumps

DOE is proposing to amend the certification reporting requirements
for CAC/HPs. A central air conditioner or central air conditioning heat
pump means a product, other than a packaged terminal air conditioner or
packaged terminal heat pump, which is powered by single phase electric
current, air cooled, rated below 65,000 Btu/h, not contained within the
same cabinet as a furnace, the rated capacity of which is above 225,000
Btu/h, and is a heat pump or a cooling unit only. A central air
conditioner or central air conditioning heat pump may consist of: a
single-package unit; an outdoor unit and one or more indoor units; an
indoor unit only; or an outdoor unit with no match. In the case of an
indoor unit only or an outdoor unit with no match, the unit must be
tested and rated as a system (combination of both an indoor and an
outdoor unit). 10 CFR 430.2.
On October 25, 2022, DOE published a final rule (``October 2022
CAC/HP Final Rule'') in which DOE amended the test procedure provisions
for CAC/HPs. 87 FR 64550. Consistent with that final rule, DOE is
proposing amendments to the reporting requirements.

[[Page 67465]]

1. Reporting
Under the existing requirements in 10 CFR 429.16, manufacturers of
CAC/HPs must report a variety of values and information, including
seasonal energy efficiency ratio 2 (``SEER2'') in Btu/W-h, average off
mode power consumption, cooling capacity in Btu/h, and heating seasonal
performance factor 2 (``HSPF2'') in Btu/W-h. 10 CFR 429.16(e)(2) For a
complete list of existing certification reporting requirements, see 10
CFR 429.16(e). These requirements provide for certifying compliance
with the current standards applicable to CAC/HP equipment manufactured
on or after January 1, 2023. 10 CFR 430.32(c). DOE is proposing to
update these requirements and align the reporting requirements with the
appendix M1 test procedure and proposing general certification
requirements for CAC/HPs. DOE discusses these proposed updates in the
following sections.
a. Variable Speed Coil-Only Rating Based on Non-Communicating or
Communicating Control
In the October 2022 CAC/HP Final Rule, DOE defined a
``communicating variable-speed coil-only central air conditioner or
heat pump'' as a variable-speed compressor system having a coil-only
indoor unit that is installed with a control system that (a)
communicates the difference in space temperature and space setpoint
temperature (not a setpoint value inferred from on/off thermostat
signals) to the control that sets compressor speed; (b) provides a
signal to the indoor fan to set fan speed appropriate for compressor
staging and air volume rate; and (c) has installation instructions
indicating that the required control system meeting both (a) and (b)
must be installed. 87 FR 64550, 64560.
DOE defined a ``variable-speed non-communicating coil-only central
air conditioner or heat pump'' as a variable-speed compressor system
having a coil-only indoor unit that does not meet the definition of
variable-speed communicating coil-only central air conditioner or heat
pump. Id.
In the October 2022 CAC/HP Final Rule, DOE elaborated that
variable-speed coil-only systems that meet the ``communicating''
definition should be tested like any other variable-speed system,
except that the heating full-load air volume rate should be equal to
the cooling full-load air volume rate and the intermediate and minimum
cooling and heating air volume rates should all be higher than (1) the
rate specified by the installation instructions included with the unit
by the manufacturer, and (2) 75 percent of the full-load cooling air
volume rate. Id.
Because this aspect of the basic model's operating characteristics
determines the way it must be tested, manufacturers need to certify
whether a variable speed coil-only rating is based on non-communicating
or communicating control. Therefore, DOE is proposing to include this
requirement in the certification template.
DOE seeks comment on its proposal to require reporting of whether a
variable speed coil-only rating is based on non-communicating or
communicating control.
b. Air Volume Rate Changing With Outdoor Conditions
In the October 2022 CAC/HP Final Rule, DOE explained that
requirements for setting air volume rate in section 3.1.4 of appendix
M1 may conflict with instructions to use air volume rates that
represent a ``normal installation'' in section 3.2, particularly for
modern blower-coil systems with multiple-speed or variable-speed indoor
fans and control systems, which may change air volume rate in response
to operating conditions such as outdoor air temperature. 87 FR 64550,
64569. To address this issue, in the October 2022 CAC/HP Final Rule,
DOE explicitly stated in step 7 of sections 3.1.4.1.1.a, 3.1.4.2.a, and
3.1.4.3.a of appendix M1 that, for blower-coil systems in which the
indoor blower capacity modulation correlates with outdoor dry bulb
temperature or sensible-to-total cooling capacity ratio, use an air
volume rate that represents a normal operation. Id. Also, DOE indicated
that to ensure consistency of testing, it may be necessary for
manufacturers to certify whether the system varies blower speeds with
outdoor air conditions. Id.
For these reasons, DOE is proposing that manufacturers include in
their certification whether the system varies blower speeds with
outdoor air conditions.
DOE seeks comment on its proposal to require reporting of whether a
CAC/HP system varies blower speeds with outdoor air conditions.
c. Sampling Corrections
Currently, DOE's sampling provisions for CAC/HPs state that any
represented value of power consumption or other measure of consumption
of a basic model for which consumers would favor lower values shall be
greater than or equal to the higher of the mean of the sample, or the
upper 90 percent confidence limit of the true mean (``UCL'') divided by
1.05. 10 CFR 429.16(b)(3)(i). Additionally, the sampling provisions
state that any represented value of the energy efficiency, cooling
capacity, heating capacity or other measure of energy consumption for
which consumers would favor higher values shall be less than or equal
to the lower of the mean of the sample, or the lower 90 percent
confidence limit of the true mean (``LCL'') divided by 0.95. 10 CFR
429.16(b)(3)(ii)-(iii). The sampling provisions also state that the UCL
and LCL should be calculated using the Student's t-Distribution Values
for a 90 percent one-tailed confidence interval with n-1 degrees of
freedom from appendix D to subpart B of part 429 (``appendix D''),
where ``n'' is the number of samples. 10 CFR 429.16(b)(3)(i)-(iii).
However, the Appendix containing Student's t-Distribution Values has
moved to appendix A to subpart B of part 429 (``Appendix A'') and is no
longer located at appendix D.\4\.''). To correct this discrepancy, DOE
is proposing to revise 10 CFR 429.16(b)(3)(i)-(iii) to specify that the
UCL and LCL should be calculated using the Student's t-Distribution
Values for a 90 percent one-tailed confidence interval outlined in
appendix A.
---------------------------------------------------------------------------

\4\ Appendix D now contains the sampling plan for enforcement
testing of Uninterruptible Power Supplies
---------------------------------------------------------------------------

DOE seeks comment on its proposal to correct the sampling
provisions for CAC/HPs to reference appendix A instead of appendix D.
2. Reporting Costs and Impacts
As described in the previous section, DOE proposes in this NOPR to
align CAC/HP certification reporting requirements with the current test
procedure for CAC/HP in appendix M1, which was most recently amended by
the October 2022 CAC/HP Final Rule. The proposed certification
requirements in this proposed rule specifically address new provisions
in this amended version of the appendix M1 test procedure, use of which
was required beginning on April 24, 2023.
DOE has tentatively determined that these proposed amendments to
the certification requirements would not impose additional costs for
manufacturers because manufacturers of CAC/HPs are already submitting
certification reports to DOE and should have readily available the
information that DOE is proposing to collect as part of this
rulemaking. DOE does not believe the revised reporting requirements
will cause any appreciable change in reporting burden or hours as
compared to what CAC/HP

[[Page 67466]]

manufacturers are currently doing today.
DOE requests comment on the certification reporting costs of the
amendments proposed for CAC/HPs.

B. Dishwashers

DOE is proposing to amend the certification reporting requirements
for DWs, which are cabinet-like appliances which, with the aid of water
and detergent, wash, rinse, and dry (when a drying process is included)
dishware, glassware, eating utensils, and most cooking utensils by
chemical, mechanical and/or electrical means and discharge to the
plumbing drainage system. 10 CFR 430.2. In the DWs test procedure final
rule published on January 18, 2023 (``January 2023 DW Final Rule''),
DOE amended the existing DWs test procedure at appendix C1 and
established a new test procedure at appendix C2, which would be
required at the time compliance is required with any amended energy and
water conservation standards. 88 FR 3234. Consistent with that final
rule, DOE is proposing amendments to the reporting requirements.
1. Reporting
Under the existing requirements in 10 CFR 429.19, manufacturers
must report the following public product-specific information: the
estimated annual energy use in kilowatt hours (``kWh'') per year
(``kWh/yr''), the water consumption in gallons per cycle, and the
capacity in number of place settings as specified in ANSI/AHAM DW-1-
2010.\5\ 10 CFR 429.19(b)(2). Manufacturers must additionally report
the following product-specific information: the presence of a soil
sensor (and if present, the number of cycles required to reach
calibration); water inlet temperature used for testing in degrees
Fahrenheit (``[deg]F''); cycle selected for the energy test and whether
that cycle is soil-sensing; the options selected for the energy test;
the presence of a built-in water softening system (and if present, the
energy use in kWh and the water use in gallons required for each
regeneration of the water softening system, the number of regeneration
cycles per year, and data and calculations used to derive these
values); and an indication of whether Cascade Complete powder was used
as the detergent formulation in lieu of Cascade with the Grease
Fighting Power of Dawn powder. 10 CFR 429.19(b)(3). These requirements
are applicable for any DW distributed in the United States on or after
May 30, 2013. Additionally, in a test procedure final rule published on
July 27, 2023 (``July 2023 DW Final Rule''), DOE updated the detergent
formulation reporting requirement at 10 CFR 429.19(b)(3)(vi) as
follows: indication of whether Cascade Complete Powder or Cascade with
the Grease Fighting Power of Dawn was used as the detergent
formulation. 88 FR 48351. For dishwashers other than water re-use
dishwashers, the July 2023 DW Final Rule additionally specified that
before July 17, 2023, Cascade Complete Powder detergent may be used as
the basis for certification in conjunction with the detergent dosing
methods specified in either section 2.5.2.1.1 or section 2.5.2.1.2 of
appendix C1 as amended in the July 2023 DW Final Rule and Cascade with
the Grease Fighting Power of Dawn detergent may be used as the basis
for certification only in conjunction with the detergent dosing
specified in section 2.5.2.1.1 of appendix C1 as amended in the July
2023 DW Final Rule. Further, for dishwashers other than water re-use
dishwashers, the July 2023 DW Final Rule specified that beginning July
17, 2023, Cascade Complete Powder detergent may be used as the basis
for certification of newly certified basic models only in conjunction
with the detergent dosing method specified in section 2.5.2.1.2 of
appendix C1 as amended in the July 2023 DW Final Rule and Cascade with
the Grease Fighting Power of Dawn detergent may be used as the basis
for certification only in conjunction with the detergent dosing
specified in section 2.5.2.1.1 of appendix C1 as amended in the July
2023 DW Final Rule. The July 2023 DW Final Rule additionally specified
that manufacturers may maintain existing basic model certifications
made prior to July 17, 2023, consistent with the provisions of Sec.
429.19(b)(3)(vi)(A) and (B). Id.
---------------------------------------------------------------------------

\5\ American National Standards Institute/Association of Home
Appliance Manufacturers DW-1-2010: Household Electric Dishwasher.
---------------------------------------------------------------------------

DOE is proposing to update the dishwasher certification reporting
requirements and align the reporting requirements with the amended test
procedure at appendix C1 and the new test procedure at appendix C2. Use
of appendix C2 would be required when determining compliance with any
future amended energy and water conservation standards. Appendix C2 to
subpart B of part 430. Accordingly, the certification reporting
requirements that are specific to appendix C2 would be required only at
such time as use of appendix C2 is required to demonstrate compliance
with any future amended energy and water conservation standards. DOE
discusses the proposed updates in the following sections.
a. Update to the AHAM Industry Standard
The current reporting requirements at 10 CFR 429.19(b)(2) reference
the industry standard, ANSI/AHAM DW-1-2010 to the capacity of a
dishwasher in number of place settings. DOE is proposing to exclude
this reference in the dishwasher reporting requirements at 10 CFR
429.19 because this industry standard is now obsolete. Additionally,
the reference to the definition of place settings only includes the
items in the test load that comprise a single place setting; it does
not define the capacity of a dishwasher itself, which is the metric
that needs to be reported for dishwashers at 10 CFR 429.19(b)(2).
Relatedly, DOE also proposes to remove ANSI/AHAM DW-1-2010 from its
list of materials incorporated by reference at 10 CFR 429.4 because
this standard would no longer be referenced anywhere in 10 CFR part 429
after the proposed removal of this reference from 10 CFR 429.19.
DOE requests comment on its proposal to remove ANSI/AHAM DW-1-2010
from the referenced industry standard in 10 CFR 429.19(b)(2).
b. Cycle Selected for Energy Test
In the January 2023 DW Final Rule, DOE established a new appendix
C2 that specifies, in part, a minimum cleaning index threshold as a
condition for a valid test cycle. 88 FR 3234. If the normal cycle at
any soil level (i.e., heavy, medium, or light) does not meet the
specified cleaning index threshold, the unit is tested at the most
energy-intensive cycle that can achieve a cleaning index threshold of
70. 88 FR 3234, 3266. To ensure that the certification template is
consistent with the tested cycle requirements specified in appendix C2,
DOE proposes to include the following additional confidential reporting
requirement at 10 CFR 429.19(b)(3)(iii): the cycle selected for the
energy test at the heavy, medium, and light soil loads and whether
these cycles are soil-sensing. Further, DOE proposes to include the
following additional confidential reporting requirement at 10 CFR
429.19(b)(3)(iv): the options selected for the energy test at the
heavy, medium, and light soil loads. These reporting requirements would
be required only at such time as use of appendix C2 is required to
demonstrate compliance with any future amended energy and water
conservation standards.
DOE requests comment on the proposed requirement to confidentially

[[Page 67467]]

report the cycle selected for the energy test at the heavy, medium, and
light soil loads and whether these cycles are soil-sensing as well as
the options selected for the energy test at the heavy, medium, and
light soil loads when testing according to appendix C2.
c. Cleaning Index
As noted previously, the January 2023 DW Final Rule established a
new appendix C2 that specifies a minimum cleaning index threshold as a
condition for a valid test cycle. 88 FR 3234. Specifically, the January
2023 DW Final Rule states that each tested cycle on each individual
unit is required to achieve the applicable cleaning index threshold to
constitute a valid test cycle. 88 FR 3234, 3265-3266. To ensure that
the reported test cycle is a valid test cycle that meets the specified
applicable cleaning index threshold, DOE is proposing a confidential
reporting requirement for the cleaning index of the sensor heavy
response, sensor medium response, and sensor light response test
cycles. DOE additionally proposes that the reported cleaning index for
each basic model must be the average cleaning index of the individual
test units at each soil level. This reporting requirement would be
required only at such time as use of appendix C2 is required to
demonstrate compliance with any future amended energy and water
conservation standards.
DOE requests comment on the proposed requirement to confidentially
report the average cleaning index of the sensor heavy response, sensor
medium response, and sensor light response test cycles.
d. Water Re-Use System Dishwashers
On November 1, 2013, DOE published a Decision and Order granting
Whirlpool a test procedure waiver (``Whirlpool waiver'') for testing
specified basic models equipped with a ``water use system,'' in which
water from the final rinse cycle is stored for use in the subsequent
cycle, with periodic draining (``drain out'') and cleaning (``clean
out'') events. 78 FR 65629, 65629-65630. (Case No. DW-11).\6\
---------------------------------------------------------------------------

\6\ All materials regarding the Whirlpool waiver are available
in docket EERE-2013-BT-WAV-0042 at <a href="http://www.regulations.gov">www.regulations.gov</a>.
---------------------------------------------------------------------------

In the January 2023 DW Final Rule, DOE amended appendix C1 to
include the requirements from the Whirlpool waiver for testing water
re-use system DWs via reference to the industry standard, AHAM DW-1-
2020, with some modifications to the equations in sections 5.6.1.3,
5.6.1.4, 5.6.2.3, and 5.6.2.4 of AHAM DW-1-2020. DOE also adopted these
requirements in the new appendix C2. 88 FR 3234, 3249.
Accordingly, DOE proposes to amend the reporting requirements at 10
CFR 429.19(b)(3) to include reporting of energy and water use
associated with drain out and clean out events, consistent with the
information required to be reported by Whirlpool as part of the waiver.
These reported values would be used in equations to account for the
extra water and energy associated with water re-use systems.
Specifically, DOE is proposing that the additional machine electrical
energy consumption required for a drain out event and clean out event--
expressed in kWh--and the additional water consumption required for
drain out and clean out events during a drain out cycle--expressed in
gallons per cycle (``gal/cycle'')--be reported confidentially.
DOE seeks comment on its proposal to require that additional
machine electrical energy consumption required for a drain out event
and clean out event--expressed in kWh--and the additional water
consumption required for drain out and clean out events during a drain
out cycle--expressed in gal/cycle--be reported confidentially.
e. Dishwashers With Built-In Reservoirs
DOE published a Decision and Order on December 9, 2020 granting CNA
International Inc. (``CNA'') a test procedure waiver (``CNA waiver'')
for a basic model of a compact DW that does not connect to a water
supply line and instead has a built-in reservoir that must be manually
filled with water. 85 FR 79171, 79171 and 79173 (Case No. 2020-008).\7\
---------------------------------------------------------------------------

\7\ All materials regarding the CNA waiver are available in
docket EERE-2020-BT-WAV-0024 at <a href="http://www.regulations.gov">www.regulations.gov</a>.
---------------------------------------------------------------------------

In the January 2023 DW Final Rule, DOE amended appendix C1 to
include the requirements from the CNA waiver, which was specific to a
compact DW basic model, to be applicable to a DW of any capacity with a
manually filled built-in water reservoir. DOE also adopted these
requirements in the new appendix C2. 88 FR 3234, 3241.
Accordingly, DOE proposes to amend the reporting requirements at 10
CFR 429.19(b)(3) to include reporting of the reservoir capacity in
gallons, prewash and main wash fill water volume in gallons (if testing
is performed using appendix C1), and the total water consumption in
gallons per cycle for DWs with built-in reservoirs. DOE's proposal to
report the prewash and main wash fill water volumes is only applicable
to appendix C1 because these water volumes are used to determine
detergent dosage in appendix C1, while the detergent dosage in appendix
C2 is dependent on the number of place settings.
DOE seeks comment on its proposal to require reporting of reservoir
capacity in gallons, prewash and main wash fill water volume in gallons
(if testing is performed using appendix C1), and the total water
consumption in gallons per cycle for DWs with built-in reservoirs.
f. Rounding Requirements
DOE proposes to specify at new section 10 CFR 429.19(c) that the
represented value of estimated annual energy use must be rounded to the
nearest kWh/yr and the represented value of water consumption must be
rounded to one decimal place, i.e., the nearest 0.1 gallon per cycle.
These rounding requirements are consistent with the existing rounding
requirements for DWs specified at 10 CFR 430.23(c)(2) and 10 CFR
430.23(c)(3), respectively.
DOE requests comment on the proposed rounding requirements for DWs.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align the DW certification reporting
requirements with the amended test procedure at appendix C1, use of
which is required beginning July 17, 2023, and with the newly adopted
test procedure at appendix C2, use of which would be required at such
time as compliance is required with any amended energy conservation
standards based on appendix C2.
For dishwashers, manufacturers currently report the following: (1)
the estimated annual energy use in kWh/yr; (2) the water consumption in
gallons per cycle; (3) the capacity in number of place settings as
specified in ANSI/AHAM DW-1-2010; (4) the presence of a soil sensor,
and if present, the number of cycles required to reach calibration; (5)
the water inlet temperature used for testing in [deg]F; (6) the cycle
selected for the energy test and whether that cycle is soil-sensing;
(7) the options selected for the energy test; and (8) the presence of a
built-in water softening system, and if present, the energy use in kWh
and the water use in gallons required for each regeneration of the
water softening system, the number of regeneration cycles per year, and
data and calculations used to derive these values. 10 CFR 429.19
(b)(2)-(3). Manufacturers also report whether Cascade Complete powder
was used as the detergent formulation in lieu of Cascade with the

[[Page 67468]]

Grease Fighting Power of Dawn powder. 10 CFR 429.19(b)(3)(vi).
Beginning August 28, 2023, the effective date of the July 2023 DW Final
Rule, the reporting requirement pertaining to the detergent formulation
would be updated such that manufacturers would be required to report
whether Cascade Complete Powder or Cascade with the Grease Fighting
Power of Dawn was used as the detergent formulation. 88 FR 48351,
48357. Additionally, when certifying dishwashers, other than water re-
use dishwashers, according to appendix C1, the following requirements
would be applicable: (A) Before July 17, 2023, Cascade Complete Powder
detergent may be used as the basis for certification in conjunction
with the detergent dosing methods specified in either section 2.5.2.1.1
or section 2.5.2.1.2 of appendix C1. Cascade with the Grease Fighting
Power of Dawn detergent may be used as the basis for certification only
in conjunction with the detergent dosing specified in section 2.5.2.1.1
of appendix C1. (B) Beginning July 17, 2023, Cascade Complete Powder
detergent may be used as the basis for certification of newly certified
basic models only in conjunction with the detergent dosing method
specified in section 2.5.2.1.2 of appendix C1. Cascade with the Grease
Fighting Power of Dawn detergent may be used as the basis for
certification only in conjunction with the detergent dosing specified
in section 2.5.2.1.1 of appendix C1. Manufacturers may maintain
existing basic model certifications made prior to July 17, 2023,
consistent with the provisions of paragraph 10 CFR 429.19(b)(3)(vi)(A).
Id.
Under the proposed amendments, if adopted, manufacturers would
additionally report the following: (1) the cycles selected for the
sensor heavy response, sensor medium response, and sensor light
response and whether these cycles are soil-sensing if testing is
performed using appendix C2; (2) the options selected for the sensor
heavy response, sensor medium response, and sensor light response if
testing is performed using appendix C2; (3) the average cleaning index
for the sensor heavy response, sensor medium response, and sensor light
response cycles if testing is performed using appendix C2; (4) whether
the product is a water re-use system dishwasher and if so, the energy
use in kWh and water use in gallons required for a drain out event, the
energy use in kWh and water use in gallons required for a clean out
event, the number of drain out events per year, the number of clean out
events per year, the water fill volume to calculate detergent dosage in
gallons, and data and calculations used to derive these values, as
applicable; and (5) the presence of a built-in reservoir and if
present, the manufacturer-stated reservoir capacity in gallons, the
prewash fill water volume in gallons and the main wash fill water
volume in gallons if testing is performed using appendix C1, and the
reservoir water consumption in gallons per cycle. DOE is additionally
proposing to add rounding requirements for estimated annual energy use
and water consumption and remove the ANSI/AHAM DW-1-2010 industry
standard that is included as a reference from 10 CFR 429.4.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers because manufacturers of
DWs are already submitting certification reports to DOE and should have
readily available the information that DOE is proposing to collect as
part of this rulemaking. Additionally, any requirements stemming from
the updates to the test procedure were accounted for in the January
2023 Final Rule. DOE does not believe the revised reporting
requirements will cause any appreciable change in reporting burden or
hours as compared to what DW manufacturers are currently doing today.
DOE requests comment on the certification reporting costs of the
amendments proposed for DWs.

C. Residential Clothes Washers

DOE is proposing to amend the reporting requirements for RCWs,
which are a consumer product designed to clean clothes, utilizing a
water solution of soap and/or detergent and mechanical agitation or
other movement, that must be one of the following classes: automatic
clothes washers, semi-automatic clothes washers, and other clothes
washers. 10 CFR 430.2. In the RCWs test procedure final rule published
on June 1, 2022 (``June 2022 RCW Final Rule''), DOE amended the
existing RCWs test procedure at appendix J2, established a new test
procedure at appendix J, which would be required at the time compliance
is required with any amended energy and water conservation standards,
and removed appendix J1. 87 FR 33316. Consistent with the June 2022 RCW
Final Rule, DOE is proposing amendments to the reporting requirements.
1. Reporting
Under the existing requirements in 10 CFR 429.20(b)(2)(i),
manufacturers of RCWs tested in accordance with the test procedure at
appendix J1 must report: the modified energy factor (``MEF''), the
capacity, the corrected moisture content (``RMC''), and the integrated
water factor (``IWF''). Under the existing requirements in 10 CFR
429.20(b)(2)(ii), manufacturers of RCWs tested in accordance with the
test procedure at appendix J2 must report: the integrated modified
energy factor (``IMEF''), the IWF, the capacity, the RMC, and the type
of loading (top-loading or front-loading). Under the existing
requirements in 10 CFR 429.20(b)(3), all manufacturers of RCWs must
also report a list of cycle selections comprising the complete energy
test cycle.
DOE is proposing to update these requirements and to specify new
reporting requirements that would apply to the new appendix J test
procedure and that would be required for certifying compliance only at
such time as use of appendix J is required. DOE discusses these
proposed updates in the following sections.
a. Removing Appendix J1
Appendix J1 was removed from the CFR as part of the June 2022 RCW
Final Rule. 87 FR 33316, 33365. Therefore, the provisions in 10 CFR
429.20(b)(2)(i), which specify reporting requirements for RCWs tested
in accordance with appendix J1, are obsolete. For these reasons, DOE
proposes to remove these reporting requirements.
DOE requests comment on its proposal to remove reporting
requirements applicable to appendix J1 from 10 CFR 429.20(b)(2)(i).
b. Clothes Container Capacity
DOE has established separate product classes for RCWs based on
clothes container capacity, among other characteristics. 10 CFR
430.32(g)(4) The current test procedure uses the term ``clothes
container capacity'' to refer to the measured capacity (see section 3.1
of appendix J2), whereas the current reporting requirements at 10 CFR
429.20(b)(2) use the term ``capacity.'' To provide greater consistency
in terminology between the test procedure and the reporting
requirements, DOE proposes to update the reporting requirement
terminology from ``capacity'' to ``clothes container capacity.''
DOE requests comment on its proposal to update reporting
requirement terminology to specify ``clothes container capacity for
RCWs.

[[Page 67469]]

c. Test Cloth Lot Number
In the June 2022 RCW Final Rule, DOE implemented new language in 10
CFR 429.134(c) that provides additional product-specific enforcement
provisions for clothes washers to accommodate differences in RMC values
that may result from DOE using a different test cloth lot than was used
by the manufacturer for testing and certifying the basic model. 87 FR
33316, 33369-33371. To implement this new enforcement provision, DOE
proposes to require reporting the test cloth lot number used during
certification testing. DOE also proposes that the reported test cloth
lot number would not be public.
DOE requests comment on its proposal to require the reporting of
the test cloth lot number for RCWs for the purpose of implementing the
enforcement provisions in 10 CFR 429.134(c), as well as its proposal
that the reported test cloth lot number would not be public.
d. Specifying Requirements for Appendix J
The new appendix J test procedure establishes new energy and water
efficiency metrics for RCWs. Use of appendix J would be required at
such time as compliance is required with any amended energy
conservation standards based on these new metrics as measured using
appendix J. 87 FR 33316. On March 3, 2023, DOE proposed amended
standards for clothes washers based on the new metrics as measured
using appendix J. 88 FR 13520. Consistent with these new metrics, DOE
proposes to specify certification requirements at 10 CFR
429.20(b)(2)(i) corresponding to the use of appendix J, as detailed in
the following sections. These reporting requirements would be required
only at such time as use of appendix J is required to demonstrate
compliance with standards based on the new appendix J metrics.
Energy Efficiency Ratio and Water Efficiency Ratio
Appendix J defines new metrics for representing clothes washer
efficiency: energy efficiency ratio (``EER'') \8\ and water efficiency
ratio (``WER'').\9\
---------------------------------------------------------------------------

\8\ EER is defined as the weighted-average load size in pounds
(``lbs'') divided by the sum of (1) the per-cycle machine energy,
(2) the per-cycle water heating energy, (3) the per-cycle drying
energy, and (4) the per-cycle standby and off mode energy
consumption, in kilowatt-hours (``kWh'').
\9\ WER is defined as the weighted-average load size in lbs
divided by the total weighted per-cycle water consumption for all
wash cycles in gallons (``gal'').
---------------------------------------------------------------------------

DOE proposes to require including EER and WER as public information
in a certification report for RCWs tested in accordance with appendix
J.
In the June 2022 RCW Final Rule, DOE established rounding
requirements for EER and WER in 10 CFR 430.23(j)(2)(ii) and (j)(4)(ii),
respectively. 87 FR 33316, 33381. These requirements specify rounding
EER to the nearest 0.01 lb/kWh/cycle and rounding WER to the nearest
0.01 gal/kWh/cycle. DOE proposes to specify these same rounding
requirements for EER and WER at 10 CFR 430.29(c).
DOE requests comment on the proposed RCW reporting requirements for
EER and WER, including the proposed rounding requirements.
Type of Control System
The existing RCW product classes are applicable to automatic
clothes washers.\10\ Whereas performance-based standards are currently
applicable for all classes of automatic RCWs, DOE has not established
performance-based standards for semi-automatic RCWs. On March 3, 2023,
DOE published an energy conservation standards NOPR that includes a
proposal to re-establish a separate product class and separate
performance-based energy conservation standards for semi-automatic
RCWs.\11\ 88 FR 13520. To distinguish basic models as either automatic
or semi-automatic for the purpose of determining whether the current
performance-based standards apply, as well as which energy conservation
standards would apply if DOE were to finalize its proposal to establish
performance-based energy conservation standards for semi-automatic
RCWs, DOE proposes to require reporting the type of control system
(automatic or semi-automatic) as public information to be included in a
certification report for RCWs tested in accordance with appendix J.
---------------------------------------------------------------------------

\10\ DOE defines ``automatic clothes washer'' as a class of
clothes washer that has a control system that is capable of
scheduling a preselected combination of operations, such as
regulation of water temperature, regulation of the water fill level,
and performance of wash, rinse, drain, and spin functions without
the need for user intervention subsequent to the initiation of
machine operation. Some models may require user intervention to
initiate these different segments of the cycle after the machine has
begun operation, but they do not require the user to intervene to
regulate the water temperature by adjusting the external water
faucet valves. 10 CFR 430.2.
\11\ DOE defines ``semi-automatic clothes washer'' as a class of
clothes washer that is the same as an automatic clothes washer
except that user intervention is required to regulate the water
temperature by adjusting the external water faucet valves. 10 CFR
430.2.
---------------------------------------------------------------------------

DOE requests comment on its proposal to require reporting the type
of control system (automatic or semi-automatic) for RCWs.
Other Requirements
For RCWs tested in accordance with appendix J, DOE also proposes to
establish public reporting requirements for RMC, clothes container
capacity, and type of loading (top-loading or front-loading),
consistent with the current reporting requirements specified at 10 CFR
429.20(b)(2)(ii) for RCWs tested in accordance with appendix J2. DOE
notes that the current requirement at 10 CFR 429.20(b)(3) to report a
list of all cycle selections comprising the complete energy test cycle
for each basic model applies to all RCWs and would therefore also apply
to any RCW tested in accordance with appendix J. Similarly, the
proposed requirement to report test cloth lot number would also apply
to RCWs tested in accordance with appendix J. These reporting
requirements would be required only at such time as use of appendix J
is required to demonstrate compliance with standards based on the new
appendix J metrics.
DOE requests comment on its proposal to require reporting of RMC,
clothes container capacity, and type of loading (top-loading or front-
loading) for RCWs tested in accordance with appendix J.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align RCW certification reporting
requirements with the energy conservation requirements that would be
applicable to RCWs tested in accordance with appendix J.
Currently, manufacturers report IMEF, IWF, capacity, RMC, loading
type, and cycle selections. Manufacturers would additionally report
test cloth lot number if the proposed amendments were adopted. For RCWs
manufactured after the compliance date of any future energy
conservation standards based on use of appendix J, manufacturers would
be required to report EER, WER, capacity, RMC, control system type,
loading type, cycle selections, and test cloth lot number, if the
proposed amendments are adopted.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers because manufacturers of
RCWs are already submitting certification reports to DOE and should
have readily available the information that DOE is proposing to collect
as part of this rulemaking. DOE does not believe the revised reporting
requirements will cause any appreciable change in reporting burden or
hours as

[[Page 67470]]

compared to what RCW manufacturers are currently doing today as the
proposed amendments are replacement metrics or information that should
be readily available.
DOE requests comment on the certification reporting costs of the
amendments proposed for RCWs.

D. Pool Heaters

DOE is proposing to amend the reporting requirements for consumer
pool heaters. DOE defines pool heaters as an appliance designed for
heating non-potable water contained at atmospheric pressure, including
heating water in swimming pools, spas, hot tubs, and similar
applications. 10 CFR 430.2. In the final rule published on May 30, 2023
(``May 2023 Pool Heaters Final Rule''), DOE amended the energy
conservation standards for consumer pool heaters. 88 FR 34624. While
the current standards only apply to gas-fired pool heaters, the new and
amended standards apply to both gas-fired pool heaters and electric
pool heaters (excluding electric spa heaters) \12\ and use an updated
efficiency metric. Id. at 88 FR 34704. Consistent with the May 2023
Pool Heaters Final Rule, DOE is proposing amendments to the reporting
requirements for consumer pool heaters.
---------------------------------------------------------------------------

\12\ ``Electric pool heater'' means a pool heater other than an
electric spa heater that uses electricity as its primary energy
source. An ``electric spa heater'' means a pool heater that (1) uses
electricity as its primary energy source; (2) has an output capacity
of 11 kW or less; and (3) is designed to be installed within a
portable electric spa. 88 FR 34624, 34703. DOE did not establish
standards for electric spa heaters in the May 2023 Pool Heaters
Final Rule, so the certification requirements proposed in this NOPR
pertain only to electric pool heaters.
---------------------------------------------------------------------------

1. Reporting
Under the existing requirements in 10 CFR 429.24, manufacturers of
gas-fired pool heaters must report: thermal efficiency in percent and
input capacity in Btu/h. 10 CFR 429.24(b)(1)-(2). These requirements
provide for certifying compliance with the April 16, 2013 thermal
efficiency standards. The amended standards are based on a different
metric: integrated thermal efficiency. (See 88 FR 34624, 34625). DOE is
proposing to update these certification requirements and align them
with the energy conservation standards outlined in the May 2023 Pool
Heaters Final Rule. DOE is additionally proposing general certification
requirements for consumer pool heaters. DOE discusses these proposed
updates in the following paragraphs.
The current standards for consumer pool heaters at 10 CFR 430.32(k)
provide only minimum thermal efficiency (``TE'') requirements for gas-
fired pool heaters, which does not include standby mode and off mode
energy consumption. While the TE metric has historically been used to
rate pool heaters, the current test procedure at appendix P to subpart
B of 10 CFR part 430 (``appendix P'') includes provisions to determine
the new integrated thermal efficiency (``TE<INF>I</INF>'') metric,
which includes standby mode and off mode energy consumption as required
by EPCA. Hence, the May 2023 Pool Heaters Final Rule established new
and amended standards for gas-fired pool heaters and electric pool
heaters in terms of TE<INF>I</INF>. (88 FR 34624, 34625) In the May
2023 Pool Heaters Final Rule, DOE stated that it would consider
requirements for reporting and certifying TE<INF>I</INF> in lieu of TE
in a separate rulemaking. 88 FR 34624, 34636. DOE stated that it would
also consider requirements for reporting and certifying active
electrical power \13\ along with the representative value for
TE<INF>I</INF> in a separate rulemaking. Id.
---------------------------------------------------------------------------

\13\ ``Active electrical power'' means the maximum electrical
power consumption in active mode for an electric pool heater.
---------------------------------------------------------------------------

In the pool heaters energy conservation standards NOPR rulemaking
(``April 2022 Pool Heaters NOPR''), DOE addressed comments from Air-
Conditioning, Heating, and Refrigeration Institute (``AHRI'') regarding
the level of precision required for representations of TE<INF>I</INF>.
87 FR 22640, 22652 (Apr. 15, 2022). AHRI suggested that, for products
where the efficiency ratings are less than 100 percent, a change of one
or two points may make a difference; however, for products such as heat
pump pool heaters with efficiency ratings that can exceed 300 percent,
a difference of one or two points is inconsequential. Id. DOE stated
that it would consider rounding requirements for consumer pool heaters
in a separate rulemaking addressing certification reports. Id.
The April 2022 Pool Heaters NOPR sought comment on changes to
certification and enforcement requirements. Id. DOE received comments
from Rheem Manufacturing Company (``Rheem'') regarding certification
provisions for consumer pool heaters. Rheem recommended that DOE update
the certification provisions at 10 CFR 429.24 to require certification
of TE<INF>I</INF> and either input capacity or active electrical power
as necessary. (Rheem, Docket No. EERE-2021-BT-STD-0020, No. 19 at p. 2)
Rheem also recommended that DOE evaluate adding certification
provisions--similar to the requirements for consumer water heaters--
which allow for the propane gas version of a basic model to be rated
using the natural gas version if the propane gas input rate is within
10 percent of the natural gas input rate. (Rheem, Docket No. EERE-2021-
BT-STD-0020, No. 19 at p. 10)
In response to Rheem's request to use representations of natural
gas basic models for propane basic models, DOE notes that the water
heater certification provisions referenced by the commenter are
specifically for alternative efficiency determination methods (see 10
CFR 429.70(g)(1)). At this time, manufacturers of consumer pool heaters
are not authorized to use alternative efficiency determination methods
for representations pertaining to consumer pool heaters (see 10 CFR
429.70(a)), and the May 2023 Pool Heaters Final Rule did not establish
this allowance. (88 FR 34624) Hence, DOE is not proposing special
certification requirements for propane gas-fired pool heaters.
For consumer pool heaters, DOE proposes to clarify provisions for
certifying input capacity, establish provisions for certifying active
electrical power, and establish certification requirements for
TE<INF>I</INF> (including rounding requirements). DOE has tentatively
determined that certification of input capacity and active electrical
power is necessary because these values are used to determine the
TE<INF>I</INF> standard that applies to a pool heater.
DOE proposes to clarify that representations of input capacity for
gas-fired pool heaters must be made based on the average of the input
capacities measured for each tested unit of the basic model, and
rounded to the nearest 1,000 Btu/h.
There are currently no certification requirements for electric pool
heaters. DOE is proposing to establish requirements for active
electrical power similar to those for input capacity, because these two
values are analogous to each other for electric pool heaters and gas-
fired pool heaters, respectively.
The May 2023 Pool Heaters Final Rule will require compliance with
standards using the TE<INF>I</INF> metric; hence, DOE is also proposing
to require certification of this value. The represented value for
TE<INF>I</INF> would be rounded to the nearest tenth of one percent for
gas-fired pool heaters. However, in consideration of the comments from
AHRI indicating that the level of precision does not need to be so
stringent for electric pool heaters, DOE is proposing that the value
for TE<INF>I</INF> would be rounded to the nearest 1 percent for
electric pool heaters. Until compliance with new TE<INF>I</INF>
standards is mandatory, manufacturers of gas-fired pool heaters must
still ensure that these

[[Page 67471]]

products comply with the current TE standards at 10 CFR 430.32(k).
Therefore, DOE is maintaining the requirement for certifying TE of gas-
fired pool heaters for products that must comply with TE standards.
Reporting of TE<INF>I</INF> would become mandatory upon the compliance
date of the energy conservation standards adopted in the May 2023 Pool
Heaters Final Rule, May 30, 2028, at which time manufacturers would no
longer be required to report TE.
DOE seeks comment on its proposal to require the reporting of input
capacity, active electrical power, and integrated thermal efficiency.
DOE also seeks comment on the proposed rounding requirements.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align pool heater certification
reporting requirements with the energy conservation requirements that
would be applicable to pool heaters, as finalized in the May 2023 Pool
Heaters Final Rule.
For gas-fired pool heaters, manufacturers currently report TE as a
percentage and input capacity in Btu/h. As a result of the amended
standards, manufacturers of gas-fired pool heaters would be required to
report TE<INF>I</INF> as a percentage in lieu of TE when certifying
compliance with the revised standards. For electric pool heaters,
manufacturers are not currently required to submit certification
reports as there are no applicable standards at this time. As a result
of the amended standards, manufacturers of electric pool heaters would
be required to report TE<INF>I</INF> as a percentage and active
electrical power in Btu/h. 88 FR 34624, 34704.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers of gas-fired pool heaters
because manufacturers of gas-fired pool heaters are already submitting
certification reports to DOE and should have the information that DOE
is proposing to collect as part of this rulemaking readily available.
DOE does not believe the revised reporting requirements will cause any
appreciable increase in any manufacturer's reporting burden or hours
compared to certifying under current gas-fired pool heater
requirements. For electric pool heaters, manufacturers are not
currently required to submit certification reports to DOE because
electric pool heaters are not currently subject to any applicable
energy conservation standards. Any manufacturer of electric pool
heaters would be required to submit certification reports for electric
pool heaters upon the compliance date of the amended energy
conservation standards, May 30, 2028. 88 FR 34624, 34704. Costs
associated with the proposed updates to reporting requirements are
discussed in section IV.C of this document.
DOE requests comment on the certification reporting costs of the
amendments proposed for pool heaters.

E. Dehumidifiers

DOE is proposing to amend the reporting requirements for
dehumidifiers, which DOE defines as products--other than portable air
conditioners, room air conditioners, or packaged terminal air
conditioners--that are self-contained, electrically operated, and
mechanically encased assemblies consisting of (1) a refrigerated
surface (evaporator) that condenses moisture from the atmosphere; (2) a
refrigerating system, including an electric motor; (3) an air-
circulating fan; and (4) a means for collecting or disposing of the
condensate. 10 CFR 430.2. Use of appendix X1 to subpart B of 10 CFR
part 430 is currently required for any representations of energy use or
efficiency of portable and whole-home dehumidifiers, including
demonstrating compliance with the currently applicable energy
conservation standards. Consequently, appendix X to subpart B of 10 CFR
part 430 is obsolete for dehumidifiers manufactured on or after June
13, 2019. Therefore, DOE is proposing amendments to the remove the
outdated appendix X reporting requirements, consistent with the
proposed removal of appendix X in the test procedure NOPR published on
June 9, 2022 (``June 2022 Dehumidifiers NOPR''). 87 FR 35286, 35305.
1. Reporting
Under the existing requirements in 10 CFR 429.36, manufacturers
must report: energy factor in liters per kilowatt hour (``liters/kWh'')
and capacity in pints per day when certifying compliance with
dehumidifiers tested in accordance with appendix X. 10 CFR
429.36(b)(2)(i). However, use of appendix X is no longer permitted for
compliance because use of appendix X1 to subpart B of part 430
(``appendix X1'') is required to demonstrate compliance with standards
for products manufactured on or after June 13, 2019, and the June 2022
Dehumidifiers NOPR proposed the removal of appendix X. 87 FR 35286,
35305. DOE is proposing to remove the outdated appendix X certification
requirements consistent with the proposed removal of appendix X in the
June 2022 Dehumidifiers NOPR.
DOE seeks comment on its proposal to remove the outdated appendix X
certification requirements.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align dehumidifier certification
reporting requirements with the appendix X1 test procedure
requirements, use of which was required beginning on June 13, 2019, by
removing the appendix X requirements applicable to dehumidifiers
manufactured prior to June 13, 2019.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers because the only proposed
amendments are the removal of outdated requirements. DOE is not
proposing any amendments to the reporting requirements associated with
appendix X1 and is proposing to remove certification requirements
associated with a prior appendix. Therefore, DOE does not believe the
revised reporting requirements will cause any appreciable change in
reporting burden or hours compared to certifying under current
dehumidifier requirements.
DOE requests comment on the certification reporting costs of the
amendments proposed for dehumidifiers.

F. External Power Supplies

DOE is proposing to amend the reporting requirements for EPSs. DOE
defines an EPS as an external power supply circuit that is used to
convert household electric current into direct current or lower-voltage
AC current to operate a consumer product. 10 CFR 430.2. In the test
procedure final rule published on August 19, 2022, DOE amended the
appendix Z test procedure for EPSs. 87 FR 51200. Consistent with that
final rule, DOE is proposing amendments to the reporting requirements.
1. Reporting
Under the existing requirements in 10 CFR 429.37(b)(2),
manufacturers must report the following based on the external power
supply type:
For external power supplies, manufacturers currently report the
average active mode efficiency as a percentage, no-load mode power
consumption in watts, nameplate output power in watts, and, if missing
from the nameplate, the output current in amperes of the basic model or
the output current in amperes of the highest- and lowest-voltage models
within the external power supply design family.

[[Page 67472]]

For switch-selectable single-voltage external power supplies,
manufacturers currently report the average active mode efficiency as a
percentage, no-load mode power consumption in watts using the lowest
and highest selectable output voltages, nameplate output power in
watts, and, if missing from the nameplate, the output current in
amperes.
For adaptive single-voltage external power supplies, manufacturers
currently report the average active-mode efficiency as a percentage at
the highest and lowest nameplate output voltages, no-load mode power
consumption in watts, nameplate output power in watts at the lowest and
highest nameplate output voltages, and, if missing from the nameplate,
the output current in amperes at the lowest and highest nameplate
output voltages.
For external power supplies that are exempt from no-load mode
requirements, manufacturers currently report a statement that the
product is designed to be connected to a security or life safety alarm
or surveillance system component, the average active-mode efficiency as
a percentage, the nameplate output power in watts, and if missing from
the nameplate, the certification report must also include the output
current in amperes of the basic model or the output current in amperes
of the lowest- and highest-voltage models within the external power
supply design family. Manufacturers of these exempt external power
supplies are additionally required to report, if the aggregate total
number of exempt EPSs sold as spare and service parts exceeds 1,000
units across all models: the importer or domestic manufacturer's name
and address, the brand name, and the number of units sold during the
most recent 12-calendar-month period ending on July 31. 10 CFR
429.37(b)(3) and 10 CFR 429.37(c).
These requirements provide for certifying compliance with the
energy conservation standards applicable to EPSs manufactured on or
after February 10, 2014. DOE is proposing to align the reporting
requirements with the amended appendix Z test procedure, use of which
was required beginning September 19, 2022, and proposing general
certification requirements for EPSs. DOE discusses these proposed
updates in the sections as follows.
a. Output Cord Specifications
DOE's amended EPS test procedure requires that EPSs be tested with
the output cord they are shipped with. For EPSs not shipped with an
output cord, the EPS must be tested with a manufacturer's recommended
output cord. For EPSs not shipped with an output cord and for which the
manufacturer does not recommend an output cord, the amendments specify
that the EPS must be tested with a 3-foot-long output cord with a
conductor thickness that is minimally sufficient to carry the maximum
required current. See section 4(g) of appendix Z to subpart B of 10 CFR
part 430.
To better align the reporting requirements with the test procedure,
DOE is proposing to add a reporting requirement of the included output
cord specifications (gauge and length); for EPSs not shipped with an
output cord, the specifications (gauge and length) for the
manufacturer's recommended output cord would be provided. For EPSs not
shipped with an output cord and for which the manufacturer does not
recommend an output cord, the gauge of the 3-foot-long output cord will
be provided.
DOE seeks comment on its proposal to require the reporting of
output cord specifications for EPSs.
b. Output Voltage
In DOE's current EPS test procedure and energy conservation
standards, determining factors for EPS type and product class are the
nature of the output voltage and its measured value. Output voltage
type--(i.e. AC, DC, multiple voltage and/or adaptive) determines the
applicable portion of the test procedure and the template that must be
used for certification purposes. The measured value of the voltage
determines whether the EPS falls within the basic or low voltage
product class. To better align the reporting requirements with the test
procedure and energy conservation standards for EPSs, DOE is proposing
to add a reporting requirement for the measured output voltage for each
port.
DOE seeks comment on its proposal to require the reporting of
measured output voltage for EPSs for each port.
c. Additional Date Reporting Requirements for Exempt EPSs
To further clarify the time period during which the exempt EPSs
were sold, DOE is proposing to further require the manufacturer to
report the applicable timeframe of which the number of exempt EPSs were
sold.
DOE seeks comment on its proposal to require manufacturers of
exempt EPSs to report the year for which the sales number being
reported represents.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align EPS certification reporting
requirements with the revised appendix Z test procedure requirements,
use of which was required beginning September 19, 2022.
For switch-selectable single-voltage external power supplies,
manufacturers currently report the average active mode efficiency as a
percentage, no-load mode power consumption in watts using the lowest
and highest selectable output voltages, nameplate output power in
watts, and, if missing from the nameplate, the output current in
amperes, and would additionally report included or recommended output
cord specifications and the measured output voltage at the lowest and
highest selectable output voltages if the proposed amendments are
adopted.
For adaptive single-voltage external power supplies, manufacturers
currently report the average active-mode efficiency as a percentage at
the highest and lowest nameplate output voltages, no-load mode power
consumption in watts, nameplate output power in watts at the lowest and
highest nameplate output voltages, and, if missing from the nameplate,
the output current in amperes at the lowest and highest nameplate
output voltages, and would additionally report included or recommended
output cord specifications and the measured output voltage at the
lowest and highest nameplate output voltages if the proposed amendments
are adopted.
For external power supplies that are exempt from no-load mode
requirements, manufacturers currently report a statement that the
product is designed to be connected to a security or life safety alarm
or surveillance system component, the average active-mode efficiency as
a percentage, the nameplate output power in watts, and if missing from
the nameplate, the certification report must also include the output
current in amperes of the basic model or the output current in amperes
of the lowest- and highest-voltage models within the external power
supply design family, and would additionally report included or
recommended output cord specifications and the measured output voltage
or the measured output voltage of the lowest and highest voltage models
within the external power supply design family, and the timeframe of
which these exempt EPSs were sold, if the proposed amendments are
adopted.
For all other external power supplies, manufacturers currently
report the average active mode efficiency as a percentage, no-load mode
power consumption in watts, nameplate output power in watts, and, if
missing from the nameplate, the output current in

[[Page 67473]]

amperes of the basic model or the output current in amperes of the
highest- and lowest-voltage models within the external power supply
design family, and would additionally report included or recommended
output cord specifications and the measured output voltage or the
measured output voltage of the lower and highest voltage models within
the external power supply design family if the proposed amendments are
adopted.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers because manufacturers of
EPSs are already submitting certification reports to DOE and should
have readily available the information that DOE is proposing to collect
as part of this rulemaking. DOE does not believe the revised reporting
requirements will cause any appreciable change in reporting burden or
hours as compared to what EPS manufacturers are currently doing today.
DOE requests comment on the certification reporting costs of the
amendments proposed for EPSs.

G. Battery Chargers

DOE is proposing to amend the reporting requirements for battery
chargers, which DOE defines as devices that charge batteries for
consumer products, including battery chargers embedded in other
consumer products. 10 CFR 430.2. In the test procedure final rule
published on September 8, 2022 (``September 2022 Battery Charger Final
Rule''), DOE amended the scope of coverage and test procedure
provisions for battery chargers. 87 FR 55090. On March 15, 2023, DOE
published an energy conservation standards NOPR for battery chargers
that was developed based on the amended test procedure. 88 FR 16112.
Consistent with the test procedure final rule and the energy
conservation standards NOPR, DOE is proposing to reorganize current
reporting requirements and add new reporting requirements that would
become mandatory upon the compliance date of any future amended energy
conservation standards for battery chargers.
1. Reporting
Under the existing requirements in 10 CFR 429.39, manufacturers
must report: (1) the nameplate battery voltage of the test battery in
volts, the nameplate battery charge capacity of the test battery in
ampere-hours, and the nameplate battery energy capacity of the test
battery in watt-hours; and (2) the represented values for the
maintenance mode power (P<INF>m</INF>), standby mode power
(P<INF>sb</INF>), off mode power (P<INF>off</INF>), battery discharge
energy (E<INF>batt</INF>), 24-hour energy consumption (E<INF>24</INF>),
duration of the charge and maintenance mode test (t<INF>cd</INF>), and
unit energy consumption (UEC); and (3) the manufacturer and model of
the test battery, and the manufacturer and model, when applicable, of
the external power supply. 10 CFR 429.39. These requirements provide
for certifying compliance with the energy conservation standards
applicable to battery chargers manufactured on or after June 13, 2018.
DOE is proposing to reorganize these requirements and align the
reporting requirements with the amended test procedure at appendix Y to
subpart B of part 430 (``appendix Y''), use of which was required
beginning on March 7, 2023. DOE is also proposing new reporting
requirements to the certification requirements for battery chargers
tested under appendix Y1 to subpart B of part 430 (``appendix Y1''),
use of which would be required upon the compliance date of any future
amended energy conservation standards for battery chargers. DOE
discusses these proposed appendix Y1 updates in the sections as
follows.
a. Reporting Requirements for Battery Chargers Tested Under Appendix Y1
In the September 2022 Battery Charger Final Rule, DOE established a
new appendix Y1 for the multi-metric testing approach for battery
chargers. Under the new multi-metric testing approach, instead of
computing and reporting the UEC value, which captures the performance
of a battery charger in all modes of operation into a single metric,
manufacturers are required to calculate and report the battery charger
energy and power values for each mode of operation separately. These
modes consist of active charge mode, standby mode, and off mode. 87 FR
55090, 55100-55105.
DOE is proposing to update the battery charger reporting
requirements in 10 CFR 429.39 to align with the new multi-metric test
procedure by (1) removing the UEC reporting requirement for both wired
and fixed-location wireless battery chargers tested under appendix Y1,
and (2) adding reporting requirements for active charge energy
E<INF>a</INF> and no-battery mode power P<INF>nb</INF>. Additionally,
DOE is proposing to include active charge energy E<INF>a</INF> (as
measured in accordance with appendix Y1) as an optional reporting
requirement when certifying compliance with the existing appendix Y
requirements to assist DOE in gathering data for any future amended
energy conservation standards. Whether manufacturers choose to report
this proposed optional information would have no impact on the validity
of representations made when certifying compliance with appendix Y or
the current energy conservation standards.
DOE seeks comment on the proposed updates to reporting requirements
for wired and fixed-location wireless battery chargers tested under
appendix Y1.
b. Reporting Requirements for Open-Placement Wireless Battery Chargers
Tested Under Appendix Y1
In the September 2022 Battery Charger Final Rule, DOE also expanded
the battery charger testing scope to include testing of fixed-location
wireless chargers in all modes of operation and testing of open-
placement wireless chargers in no-battery mode only. 87 FR 55090,
55095-55098.
Under the current appendix Y test procedure, all modes of operation
would need to be tested for battery chargers covered under the test
procedure scope. As such, there was no need to differentiate the
reporting requirements for wired vs. wireless chargers. However, under
appendix Y1, open-placement wireless chargers will only need to be
tested in the no-battery mode of operation. Accordingly, DOE is
proposing to further specify that for open-placement wireless chargers,
only the no-battery mode power, P<INF>nb</INF>, would need to be
reported.
DOE seeks comment on the proposal to further specify the reporting
requirements for open-placement wireless battery chargers tested under
appendix Y1.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align battery charger certification
reporting requirements with the amended appendix Y test procedural
requirements, use of which was required beginning on October 11, 2022,
and the newly established appendix Y1 test procedure, use of which
would be required at such time as compliance is required with any
amended energy conservation standards based on these new metrics as
measured using appendix Y1.
For wired chargers tested under current appendix Y, manufacturers
currently report (1) the nameplate battery voltage of the test battery
in volts, the nameplate battery charge capacity of the test battery in
ampere-hours, and the nameplate battery energy capacity of the test
battery in watt-hours; and (2) the represented values for the
P<INF>m</INF>, P<INF>sb</INF>, P<INF>off</INF>, E<INF>batt</INF>,
E<INF>24</INF>, t<INF>cd</INF>, and UEC; and (3) the manufacturer and
model of the test battery, and the manufacturer

[[Page 67474]]

and model, when applicable, of the external power supply. If the
proposed amendments are adopted, when tested under appendix Y1, instead
of reporting UEC and E<INF>24</INF> values, manufacturers would report
the active charge energy (E<INF>a</INF>). Manufacturers would
additionally report no-battery mode power, P<INF>nb</INF>.
For fixed-location wireless chargers tested under appendix Y1,
manufacturers would need to report (1) the nameplate battery voltage of
the test battery in volts, the nameplate battery charge capacity of the
test battery in ampere-hours, and the nameplate battery energy capacity
of the test battery in watt-hours; and (2) the represented values for
the P<INF>m</INF>, P<INF>nb</INF>, P<INF>sb</INF>, P<INF>off</INF>,
E<INF>batt</INF>, E<INF>a</INF>, and duration of the charge and
t<INF>cd</INF>; and (3) the manufacturer and model of the test battery,
and the manufacturer and model--when applicable--of the external power
supply, if the proposed amendments are adopted.
For open-placement wireless chargers tested under appendix Y1,
manufacturers would need to report the represented values for
P<INF>nb</INF>, and the manufacturer and model, when applicable, of the
external power supply, if the proposed amendments are adopted.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers because manufacturers of
battery chargers are already submitting certification reports to DOE
and the additional information that DOE is proposing to collect as part
of this rulemaking should be readily available to manufacturers and
would not require additional testing. DOE does not believe the revised
reporting requirements will cause any appreciable change in reporting
burden or hours as compared to what battery charger manufacturers are
currently doing today.
DOE requests comment on the certification reporting costs of the
amendments proposed for battery chargers.

H. Computer Room Air Conditioners

DOE is proposing to amend the reporting requirements for CRACs. DOE
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 sensible
coefficient of performance (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. In the energy conservation standards final rule published in
the Federal Register on June 2, 2023 (June 2023 CRACs final rule), DOE
amended the energy conservation standards for CRACs and adopted the net
sensible coefficient of performance (NSenCOP) metric. 88 FR 36392.
Consistent with the June 2023 CRACs final rule, DOE is proposing
amendments to the reporting requirements for CRACs.
1. Reporting
Under the existing reporting requirements for CRACs in 10 CFR
429.43(b)(2)(ix), manufacturers must report: net sensible cooling
capacity in Btu/h, net cooling capacity in Btu/h, configuration
(upflow/downflow), economizer presence (or lack thereof), condenser
medium (air, water, or glycol-cooled), SCOP, and rated airflow in
standard cubic feet per minute (SCFM). These requirements provide for
certifying compliance with the standards applicable to CRACs
manufactured on or after October 29, 2012, for units of capacity less
than 65,000 Btu/hr. and October 29, 2013, for the remainder of covered
CRACs. DOE is proposing to update these requirements and align the
reporting requirements with the energy conservation standards in the
June 2023 CRACs final rule. DOE is also proposing other general
certification requirements for CRACs to better ascertain applicable
standards and represented values, including whether the basic model is
split system or single-package, unit configuration, and refrigerant
utilized. DOE discusses these proposed updates in the sections as
follows.
a. Revising Certification Reporting Requirements at 10 CFR
429.43(b)(2)(ix) When Certifying With NSenCOP Standards
Manufacturers are currently required to certify compliance with
SCOP standards, in addition to the other equipment-specific reporting
requirements. In this NOPR, DOE is proposing to amend the certification
requirements to allow certifying compliance with NSenCOP standards and
related equipment-specific reporting requirements. Specifically, DOE
proposes to place the existing reporting requirements for SCOP
standards in new 10 CFR 429.43(b)(2)(ix)(A), and to place the new
reporting requirements for NSenCOP standards in new 10 CFR
429.43(b)(2)(ix)(B). The NSenCOP standard reporting requirements
include the net sensible cooling capacity in Btu/h, the net total
cooling capacity in Btu/h, whether the basic model is split system or
single-package, the configuration (e.g., downflow, upflow ducted,
upflow non-ducted, horizontal flow, ceiling-mounted ducted, ceiling-
mounted non-ducted), fluid economizer presence (or lack thereof),
condenser heat rejection medium (air, water, or glycol-cooled),
NSenCOP, rated airflow in SCFM, and the refrigerant used to determine
the represented values at 10 CFR 429.43(b)(2)(ix).
DOE seeks comment on its proposal to require the reporting of net
sensible cooling capacity in Btu/h, the net total cooling capacity in
Btu/h, whether the basic model is split system or single-package, the
configuration (e.g., downflow, upflow ducted, upflow non-ducted,
horizontal flow, ceiling-mounted ducted, ceiling-mounted non-ducted),
fluid economizer presence (or lack thereof), condenser heat rejection
medium (air, water, or glycol-cooled), NSenCOP, rated airflow in SCFM,
and the refrigerant used to determine the represented values.
b. Adding Supplemental Testing Instructions for CRACs at 10 CFR
429.43(b)(4)(viii)
Currently, manufacturers must submit supplemental information
regarding additional testing instructions, if applicable, and specify
which special features, if any, were included in rating the basic
model. 10 CRF 429.43(b)(4)(viii). The supplemental information
submitted in PDF format allows for third-party testing of equipment.
For CRACs, there are currently no specific requirements for the
supplemental PDF. For SCOP certification, DOE proposes to maintain the
current requirements of 10 CFR 429.43(b)(4)(viii), but move them to 10
CFR 429.43(b)(4)(viii)(A). For NSenCOP certification, DOE proposes to
specify the information required in supplemental testing instructions
that would enable independent testing of the relevant equipment and to
align with the corresponding requirements for CUACs, where appropriate.
This includes, but is not limited to supplementary information about
compressor break-in period duration, control set points, optional
motor/drive kits and associated settings, and any other additional
testing instructions. DOE proposes to add these new provisions when
certifying to NSenCOP in 10 CFR 429.43(b)(4)(viii)(B).

[[Page 67475]]

The proposed certification requirements provide further direction
to the existing requirements and would not result in significant
additional burden for manufacturers. Where DOE identifies specific
test-related information, the relevant information is already collected
by or available to the manufacturer, and as such, reporting that
information to DOE would result in minimal additional burden.
DOE seeks comment on its proposed supplemental testing instructions
requirements for CRACs when certifying compliance with NSenCOP
standards.
c. Certification of Model Numbers for Split Systems
DOE's current certification reporting requirements for CRACs at 10
CFR 429.43(b)(2)(ix) do not specify the model numbers that the
manufacturer must certify. Specifically, for split systems, the current
regulations do not explicitly require certification of both the outdoor
and indoor unit model numbers. Therefore, DOE is proposing at 10 CFR
429.43(b)(6) to clarify that the manufacturer must certify individual
model numbers for both the indoor unit and the outdoor unit.
DOE seeks comment on its proposal to require the reporting of both
indoor unit and outdoor unit individual model numbers for split-system
CRACs.
d. AEDM Tolerance for NSenCOP
DOE's existing testing regulations allow the use of an alternative
efficiency determination method (AEDM), in lieu of testing, to simulate
the efficiency of CRACs. 10 CFR 429.43(a). For models certified with an
AEDM, results from DOE verification tests are subject to certain
tolerances when compared to certified ratings. Currently, DOE specifies
a 5-percent tolerance for CRAC verification tests for SCOP, identical
to the current tolerance specified for single-point metrics (i.e., EER
and COP) for other categories of commercial air conditioners and heat
pumps. See table 2 to paragraph (c)(5)(vi)(B) at 10 CFR 429.70. In
alignment with the tolerance specified for SCOP, DOE is proposing to
specify a tolerance of 5 percent for CRAC verification tests for
NSenCOP.
DOE seeks comment on its proposal to specify a tolerance of 5
percent for CRAC verification tests for NSenCOP.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align CRAC certification reporting
requirements with the amended energy conservation standards in the June
2023 CRACs Final Rule.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers because manufacturers of
CRACs are already submitting certification reports to DOE and should
have readily available the information that DOE is proposing to collect
as part of this rulemaking. DOE does not believe the revised reporting
requirements will cause any appreciable change in reporting burden or
hours as compared to what CRACs manufacturers are currently doing.
DOE requests comment on the certification reporting costs of the
amendments proposed for CRACs.

I. Direct Expansion-Dedicated Outdoor Air Systems

DOE is proposing to establish reporting requirements for DX-DOASes.
DOE defines ``direct expansion-dedicated outdoor air system'' as a
basic model of commercial package air-conditioning and heating
equipment (packaged or split) that is a unitary dedicated outdoor air
system \14\ that is capable of dehumidifying air to a 55 [deg]F dew
point--when operating under Standard Rating Condition A as specified in
Table 4 or Table 5 of AHRI (I-P)-2020, ``Performance Rating of DX-
Dedicated Outdoor Air System Units'' (``AHRI 920-2020'') with a
barometric pressure of 29.92 in Hg--for any part of the range of
airflow rates advertised in manufacturer materials, and has a moisture
removal capacity of less than 324 pounds per hour (``lb/h''). 10 CFR
431.92. In the DX-DOAS energy conservation standards final rule
published on November 1, 2022 (``November 2022 DX-DOAS Final Rule''),
DOE adopted energy conservation standards for DX-DOASes. 87 FR 65651.
Consistent with that final rule, DOE is proposing to establish
reporting requirements for DX-DOASes.
---------------------------------------------------------------------------

\14\ DOE defines ``unitary dedicated outdoor air system'' as a
category of small, large, or very large commercial package air-
conditioning and heating equipment that is capable of providing
ventilation and conditioning of 100-percent outdoor air and is
marketed in materials (including but not limited to, specification
sheets, insert sheets, and online materials) as having such
capability.
---------------------------------------------------------------------------

1. Reporting
Prior to the adoption of energy conservation standards in the
November 2022 DX-DOAS Final Rule, there were no energy conservation
standards for DX-DOASes in 10 CFR 431.97, nor were there reporting
requirements for this equipment in 10 CFR 429.43.\15\ Because DOE has
now adopted energy conservation standards for DX-DOASes, DOE is
proposing to establish reporting requirements in alignment with the
standards adopted in the November 2022 DX-DOAS Final Rule. DOE
discusses these proposals in the following sections.
---------------------------------------------------------------------------

\15\ In the November 2022 DX-DOAS Final Rule, DOE adopted a
requirement in 10 CFR 429.43(a)(3)(i) that the represented value of
moisture removal capacity (``MRC'') be either between 95 and 100
percent of the mean of the measured capacities of the units in the
selected sample rounded to the nearest lb/hr multiple according to
Table 3 of AHRI 920-2020 or the MRC output simulated by an AEDM
rounded to the nearest lb/hr multiple according to Table 3 of AHRI
920-2020. DOE is adopting these provisions. 87 FR 65658, 65667.
---------------------------------------------------------------------------

a. Addition of Certification Requirements To Include the New Metrics,
ISMRE2 and ISCOP2
In this NOPR, DOE is proposing certification requirements for
certifying compliance with the new energy conservation standards for
DX-DOAS, expressed in integrated seasonal moisture removal efficiency 2
(``ISMRE2'') and integrated seasonal coefficient of performance 2
(``ISCOP2''), as adopted in the November 2022 DX-DOAS Final Rule.
Specifically, DOE proposes to add new 10 CFR 429.43(b)(2)(xi)(A) and
require the following when certifying compliance with an ISMRE2
standard: the ISMRE2 in lb/kWh, the rated moisture removal capacity at
Standard Rating Condition A according to AHRI 920-2020 (incorporated by
reference; see 10 CFR 429.4) (MRC in lb/h), and the rated supply
airflow rate for 100 percent outdoor air applications (Q<INF>SA</INF>
in standard cubic feet per minute). The moisture removal capacity is
used for certifying compliance and the rated supply airflow rate must
be specified to determine how to test a basic model according to the
DOE test procedure at appendix B to subpart F of 10 CFR part 431.
Additionally, DOE proposes to require the following at 10 CFR
429.43(b)(2)(xi)(B) when certifying compliance with an ISCOP2 standard
in addition to an ISMRE2 standard \16\: the ISCOP2 in watts of heating
per watts of power input (``W/W'').
---------------------------------------------------------------------------

\16\ Certification and compliance with both the applicable
ISCOP2 and ISMRE2 standards is required for the air-source heat pump
and water-source heat pump DX-DOAS equipment classes.
---------------------------------------------------------------------------

DOE proposes to include these certification provisions for DX-
DOASes in 10 CFR 429.43(b), consistent with other commercial HVAC
equipment. As a result, the general requirements applicable to
certification reports outlined in 10 CFR 429.12 would apply to DX-
DOASes, as currently outlined in the existing reporting requirements
for commercial HVAC equipment. 10 CFR 429.43(b)(1).

[[Page 67476]]

DOE seeks comment on requiring the reporting of ISMRE2 and ISCOP2
to certify compliance with the standards applicable to DX-DOASes
manufactured on or after May 1, 2024. DOE also seeks comment on
reporting rated moisture removal capacity and rated supply airflow
rate.
b. Reporting Requirements for DX-DOASes With Ventilation Energy
Recovery Systems
In the November 2022 DX-DOAS Final Rule, DOE adopted product-
specific enforcement provisions for DX-DOASes in 10 CFR 429.134(s) in
addition to the revised energy conservation standards. These
enforcement provisions specify how DOE would determine the ISMRE2 and
ISCOP2 values when conducting enforcement testing for DX-DOASes with
Ventilation Energy Recovery Systems (``VERS''). As outlined in Sec.
429.134(s)(2)-(3), these provisions rely on values of VERS performance
certified to DOE as the basis for determining the ISMRE2 and/or ISCOP2
of the basic model being tested in some scenarios.
To inform DOE's enforcement testing, DOE is proposing additional
non-public certification reporting requirements for DX-DOASes with VERS
in new subparagraph 10 CFR 429.43(b)(3)(iii). These reporting
requirements include the method of determination of the exhaust air
transfer ratio (``EATR''), sensible effectiveness, latent effectiveness
of the ventilation energy recovery system (name and version of
certified performance modeling software or if the device was directly
tested), the test method (i.e., Option 1 or Option 2) for units rated
based on testing, and motor control settings (including rotational
speed) for energy recovery wheels--all of which would be used by DOE to
determine ISMRE2 and/or ISCOP2 for enforcement testing and would be
considered non-public information if adopted.
DOE seeks comment on its proposal to include reporting requirements
for DX-DOASes with ventilation energy recovery systems.
c. Supplemental Testing Instructions
Currently, manufacturers of other covered commercial HVAC equipment
types must submit in PDF format supplemental information regarding
additional testing instructions, if applicable, and they must also
specify which, if any, special features were included in rating the
basic model. 10 CFR 429.43(b)(4). The supplemental information
submitted in PDF format allows for third-party testing of equipment.
Consistent with other commercial HVAC equipment types, DOE proposes to
specify information required in supplemental testing instructions
submitted in PDF format for DX-DOASes to enable independent testing of
the relevant equipment and to align with the corresponding requirements
for CUACs, where appropriate.
Specifically, for all DX-DOASes, DOE is proposing the following
content requirements for the supplemental instructions PDF attachment:
water flow rate in gallons per minute (``gpm'') for water-cooled and
water-source units, rated external static pressure (``ESP'') in inches
of water column for the supply air stream, frequency or control set
points for variable speed components (e.g., compressors, Variable
Frequency Drives (``VFDs'')), required dip switch/control settings for
step or variable components (e.g., reheat or head pressure control
valves), a statement as to whether the model will operate at test
conditions without manufacturer programming, and any additional testing
instructions specified in AHRI 920-2020, if applicable (e.g., supply
air dry bulb temperatures for ISMRE2 tests, equipment settings for
airflow, installation priority for split-system units, defrost control
settings for air-source heat pump units, compressor break-in period, or
condenser head pressure controls). Additionally, if a variety of
motors/drive kits are offered for sale as options in the basic model to
account for varying installation requirements, DOE is proposing that
the supplemental file also include the model number, the specifications
of the motor (including efficiency, horsepower, open/closed, and number
of poles) and the drive kit (including settings) associated with that
specific motor that were used to determine the certified rating.
For DX-DOASes with VERS, DOE is proposing the following additional
content requirements for the supplemental instruction PDF attachment:
rated ESP in inches of water column for the return air stream, exhaust
air transfer ratio at the rated supply airflow rate and a neutral
pressure difference between return and supply airflow (EATR as a
percent value), sensible and latent effectiveness of the ventilation
energy recovery system at 75 percent of the nominal supply airflow and
zero pressure differential, sensible and latent effectiveness of the
ventilation energy recovery system at 100 percent of the nominal supply
airflow and zero pressure differential, and any additional testing
instructions, if applicable (e.g., deactivation of VERS or VERS bypass
in accordance with section 5.4.3 of AHRI 920-2020).
DOE seeks comment on its proposal to require supplemental testing
instruction file contents for DX-DOASes.
2. Reporting Costs and Impacts
The addition of reporting requirements for DX-DOASes would newly
require manufacturers to report this information. DOE discusses
reporting cost impacts corresponding to this proposal in section IV.C
of this document.
DOE requests comment on its proposal to add new reporting
requirements for DX-DOASes.

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

DOE is proposing to amend the reporting requirements for three-
phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less
than 65,000 Btu/h VRF. Three-phase, less than 65,000 Btu/h ACUACs and
ACUHPs and three-phase, less than 65,000 Btu/h VRF are both categories
of small commercial package air conditioning and heating equipment.
Commercial package air-conditioning and heating equipment may be air
cooled, water cooled, evaporatively cooled, or water source based (not
including ground water source). This equipment is electrically operated
and designed as unitary central air conditioners or central air
conditioning heat pumps for use in commercial applications. 10 CFR
431.92.
In the energy conservation standards (``ECS'') final rule published
in the Federal Register on June 2, 2023 (``June 2023 3-Phase Final
Rule''), DOE amended energy conservation standards for three-phase,
less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less than
65,000 Btu/h VRF to be in terms of the new cooling and heating metrics,
SEER2 and HSPF2, respectively, as determined by using the new test
procedure at appendix F1 to subpart F of 10 CFR part 431. 88 FR 36368.
Consistent with that final rule, DOE is proposing amendments to the
reporting requirements for three-phase, less than 65,000 Btu/h ACUACs
and ACUHPs and three-phase, less than 65,000 Btu/h VRF.
1. Reporting
Under the existing requirements in 10 CFR 429.67(f)(2)(i) and (ii)
for three-

[[Page 67477]]

phase, less than 65,000 Btu/h ACUACs and ACUHPs, manufacturers must
report the seasonal energy efficiency ratio (``SEER'') in British
thermal units per Watt-hour (``Btu/Wh''), the rated cooling capacity in
Btu/h, and (for heat pumps) the heating seasonal performance factor
(``HSPF'') in Btu/Wh.
Under the existing requirements in 10 CFR 429.67(f)(2)(iii) and
(iv) for three-phase, less than 65,000 Btu/h VRF, manufacturers must
report the SEER in Btu/Wh, rated cooling capacity in Btu/h, and (for
heat pumps) the HSPF in Btu/Wh.
These requirements provide for certifying compliance with the
standards applicable to three-phase, less than 65,000 Btu/h ACUACs and
ACUHPs manufactured on or after January 1, 2017, and the standards
applicable to three-phase, less than 65,000 Btu/h VRF manufactured on
or after June 16, 2008. 88 FR 36368, 36389. DOE is proposing to update
these reporting requirements to align with the amended standards
adopted by the June 2023 3-Phase Final Rule that apply to three-phase,
less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less than
65,000 Btu/h VRF manufactured on or after January 1, 2025. 88 FR 36368,
36389. Additionally, DOE is proposing general certification
requirements for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs
and three-phase, less than 65,000 Btu/h VRF. DOE discusses these
proposed updates in the sections as follows.
a. Updating the Certification Requirements To Include the New Metrics,
SEER2 and HSPF2
In the June 2023 3-Phase Final Rule, DOE amended energy
conservation standards for three-phase, less than 65,000 Btu/h ACUACs
and ACUHPs and three-phase, less than 65,000 Btu/h VRF to be in terms
of the new cooling and heating metrics, SEER2 and HSPF2. Id.
Accordingly, in this document, DOE is proposing to update the
certification requirements at 10 CFR 429.67(f)(2) to include ratings in
terms of SEER2 and HSPF2, which will become the required reporting
metrics upon the compliance date of the amended standards.
Manufacturers may use appendix F1 to certify compliance with the
amended standards based on SEER2 and HSPF2 prior to the applicable
compliance date for the amended energy conservation standards.
DOE seeks comment on its proposal to require the reporting of new
metrics, such as SEER2 and HSPF2.
b. Aligning Basic Model Number and Individual Model Number(s) Reporting
Requirements With Single-Phase Products
DOE proposes to include additional instructions regarding the basic
model number and individual model number(s) required to be reported
under 10 CFR 429.12(b)(6); this proposal is consistent with the
requirement for single-phase products and represents readily available
information to the manufacturer regarding the requirements for three-
phase equipment.
Specifically, DOE would require in new subparagraph 10 CFR
429.67(f)(4) that the basic model number and individual model number(s)
reported under 10 CFR 429.12(b)(6) consist of the following:

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

c. Outdoor Units With No Match
For three-phase, less than 65,000 Btu/h ACUACs and ACUHPs with
outdoor units having no matching indoor component, DOE proposes
requiring that in addition to any supplemental testing instructions
used to satisfy the existing requirement in 10 CFR 429.67(f)(3),
supplemental testing instructions also include any additional testing
and testing set up instructions necessary to operate the basic model
under the required conditions specified by the test procedure.
Specifically, manufacturers must provide information regarding the
following characteristics of the indoor coil: the face area, the coil
depth in the direction of airflow, the fin density (fins per inch), the
fin material, the fin style, the tube diameter, the tube material, and
the numbers of tubes high and deep. This proposed requirement would be
consistent with the 10 CFR 429.16 requirement for single-phase
products, as well as with the test requirements in the 2019 edition of
American Society of Heating, Refrigerating and Air-Conditioning
Engineers (``ASHRAE'') Standard 90.1 ``Energy Standard for Buildings
Except Low-Rise Residential Buildings'' (``ASHRAE 90.1-2019''), which,
in turn, references ANSI/AHRI 210/240, ``2023 Standard for Performance
Rating of Unitary Air-conditioning & Air-source Heat Pump Equipment''
(``AHRI 210/240-2023''). Therefore, this information should be readily
available to manufacturers and will not add manufacturer burden.
d. Sampling Corrections
Currently, DOE's sampling provisions for three-phase, less than
65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h
VRF state that any represented value of cooling capacity and heating
capacity must each be a self-declared value that is less than or equal
to the lower of the mean of the sample, or the lower 90 percent
confidence limit of the true mean (``LCL'') divided by 0.95. 10 CFR
429.67(c)(2)(ii)(A)(2). The sampling provisions also state that the LCL
should be calculated using the Student's t-Distribution Values for a 90
percent one-tailed confidence interval with n-1 degrees of freedom from
appendix D to subpart B of part 429, where ``n'' is the number of
samples. Id. However, the appendix containing Student's t-Distribution
Values has moved to appendix A to subpart B of part 429 (``appendix
A''). To correct this discrepancy, DOE is proposing to revise 10 CFR
429.67(c)(2)(ii)(A)(2) to specify that the LCL should be calculated
using

[[Page 67478]]

the Student's t-Distribution Values for a 90 percent one-tailed
confidence interval outlined in appendix A.
DOE seeks comment on its proposal to correct the sampling
provisions for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs
and three-phase, less than 65,000 Btu/h VRF to reference appendix A.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align the three-phase, less than
65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h
VRF certification reporting requirements with the amended standards
adopted by the June 2023 3-Phase Final Rule that apply to products
manufactured on or after January 1, 2025. 88 FR 36368.
For three-phase, less than 65,000 Btu/h ACUACs and three-phase,
less than 65,000 Btu/h VRF air conditioners, manufacturers currently
report SEER in Btu/Wh and rated cooling capacity in Btu/h, but would
report SEER2 in Btu/Wh in lieu of SEER to conform with the amended
standards. For three-phase, less than 65,000 Btu/h ACUHPs and three-
phase, less than 65,000 Btu/h VRF heat pumps, manufacturers currently
report SEER in Btu/Wh, HSPF in Btu/Wh, and rated cooling capacity in
Btu/h, but would be required to report SEER2 in Btu/Wh and HSPF2 in
Btu/Wh in lieu of SEER and HSPF to conform with the amended standards.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers because manufacturers of
three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase,
less than 65,000 Btu/h VRF are already submitting certification reports
to DOE and should have readily available the information that DOE is
proposing to collect as part of this rulemaking. DOE does not believe
the revised reporting requirements will cause any appreciable change in
reporting burden or hours as compared to what three-phase, less than
65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h
VRF manufacturers are doing currently.
DOE requests comment on the certification reporting costs of the
amendments proposed for three-phase, less than 65,000 Btu/h ACUACs and
ACUHPs and three-phase, less than 65,000 Btu/h VRF.

K. Commercial Water Heating Equipment

DOE is proposing to amend the reporting requirements for commercial
water heating equipment. EPCA prescribes energy conservation standards
for several classes of CWH equipment manufactured on or after January
1, 1994. (42 U.S.C. 6313(a)(5)) DOE codified these standards in its
regulations for CWH equipment at 10 CFR 431.110. However, when
codifying these standards from EPCA, DOE inadvertently omitted the
standards put in place by EPCA for electric instantaneous water
heaters, which are instantaneous water heaters with a rated input both
greater than 12 kW and not less than 4,000 Btu/h per gallon of stored
water (see 10 CFR 431.102). Therefore, in a NOPR published on May 19,
2022 (``May 2022 CWH NOPR''), DOE proposed to codify these standards in
its regulations at 10 CFR 431.110. 87 FR 30610, 30622.
DOE is proposing to establish reporting requirements for commercial
electric instantaneous water heaters (except for residential-duty
commercial electric instantaneous water heaters for which certification
is already addressed in 10 CFR 429.44), consistent with the May 2022
CWH NOPR.
Additionally, DOE is proposing to add reporting requirements for
commercial electric storage water heaters to ensure that the input
rating of all certified models exceeds the 12 kW threshold that is part
of the definition of electric storage water heaters at 10 CFR 431.102.
1. Reporting
Under the existing requirements in 10 CFR 429.44, manufacturer
certification reports for commercial water heating equipment are not
required to include information about electric instantaneous water
heaters. 10 CFR 429.44(c)(2).
Therefore, for commercial electric instantaneous water heaters of
all storage volumes (except for residential-duty commercial electric
instantaneous water heaters), DOE is proposing to add certification
requirements for thermal efficiency, storage volume, rated input, and
whether the storage volume is determined using a weight-based test (in
accordance with 10 CFR 431.106) or the calculation-based method (in
accordance with 10 CFR 429.72(e), as discussed in the following
paragraph). For electric instantaneous water heaters with storage
volume greater than or equal to 10 gallons (and thus subject to a
standby loss standard), DOE is also proposing to require that the
following information be certified to ensure compliance with standby
loss standards and to enable DOE to understand how the standby test was
conducted for each basic model: (1) standby loss, (2) whether the water
heater initiates heating element operation based on a temperature-
controlled call for heating that is internal to the water heater, (3)
whether the water heater includes an integral pump purge functionality,
and (4) the default duration of the pump off delay (for models equipped
with integral pump purge).
Similarly, DOE is proposing to allow use of a calculation-based
method for determining the storage volume of electric instantaneous
water heaters that is the same as the method for gas-fired and oil-
fired instantaneous water heaters and hot water supply boilers found at
10 CFR 429.72(e). Furthermore, DOE is proposing to clarify that the
method for calculating volume for instantaneous water heaters found at
10 CFR 429.72(e) does not apply to storage-type instantaneous water
heaters.
Finally, for commercial electric storage water heaters, DOE is
proposing to add a certification requirement for rated input to ensure
that the input rating of all certified models exceeds the 12 kW
threshold that is part of the definition of electric storage water
heaters at 10 CFR 431.102. DOE proposes that manufacturers would be
required to comply with the certification requirement beginning on the
date of the next annual filing of certification reports required for
CWH equipment following the publication of a final rule.\17\
---------------------------------------------------------------------------

\17\ The annual certification report filings for commercial
water heating equipment are due on May 1. See 10 CFR 429.12.
---------------------------------------------------------------------------

DOE seeks comment on its proposal to require the reporting of
thermal efficiency, storage volume, rated input, and whether the
storage volume is determined using a weight-based test or the
calculation-based method for commercial electric instantaneous water
heaters of all storage volumes (except for residential-duty commercial
electric instantaneous water heaters). DOE also seeks comment on its
proposal to require the reporting of standby loss, whether the water
heater initiates heating element operation based on a temperature-
controlled call for heating that is internal to the water heater,
whether the water heater includes an integral pump purge functionality,
and the default duration of the pump off delay (for models equipped
with integral pump purge) for electric instantaneous water heaters with
storage volume greater than or equal to 10 gallons. Additionally, DOE
seeks comment on its proposed calculation-based method for determining
storage volume of electric instantaneous water heaters.
DOE seeks comment on its proposal to add a requirement for the
reporting of rated input for commercial electric storage water heaters.

[[Page 67479]]

2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align the certification reporting
requirements for commercial electric instantaneous water heaters
(except for residential-duty commercial electric instantaneous water
heaters) with the energy conservation standards for such equipment as
required by EPCA, and as proposed to be codified at 10 CFR 431.110 by
the May 2022 CWH NOPR.
Manufacturers of commercial electric instantaneous water heaters
(except for residential-duty commercial electric instantaneous water
heaters) do not currently report any information about the performance
or characteristics of such equipment, but would be required to report
thermal efficiency, storage volume, rated input, and whether the
storage volume is determined using a weight-based test (in accordance
with 10 CFR 431.106) or the calculation-based method (in accordance
with 10 CFR 429.72(e)).
Additionally, for electric instantaneous water heaters with storage
volume greater than or equal to 10 gallons (and thus subject to a
standby loss standard), manufacturers would also be required to report
standby loss, whether the water heater initiates heating element
operation based on a temperature-controlled call for heating that is
internal to the water heater, whether the water heater includes an
integral pump purge functionality, and the default duration of the pump
off delay (for models equipped with integral pump purge).
Any manufacturer of commercial electric instantaneous water heaters
would be required to begin submitting certification reports. Costs
associated with the proposed updates to reporting requirements are
discussed in section IV.C of this document.
In this NOPR, DOE also proposes to amend the certification
reporting requirements for commercial electric storage water heaters to
require manufacturers to report rated input.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers of commercial electric
storage water heaters because they are already submitting certification
reports to DOE and should have readily available the information that
DOE is proposing to collect as part of this rulemaking. DOE does not
believe the revised reporting requirements will cause any appreciable
change in reporting burden or hours as compared to what commercial
electric storage water heaters manufacturers are currently doing today.
DOE requests comment on the certification reporting costs of the
amendments proposed for commercial electric instantaneous water heaters
and commercial electric storage water heaters.

L. Automatic Commercial Ice Makers

DOE is proposing to amend the reporting requirements for ACIMs,
which are factory-made assemblies (not necessarily shipped in 1
package) that (1) consist of a condensing unit and ice-making section
operating as an integrated unit, with means for making and harvesting
ice; and (2) may include means for storing ice, dispensing ice, or
storing and dispensing ice. 10 CFR 431.132. In the November 1, 2022
Automatic Commercial Ice Maker Test Procedure Final Rule (``November
2022 ACIM Final Rule''), DOE replaced the terms ``maximum energy use''
and ``maximum condenser water use'' with ``energy use'' and ``condenser
water use,'' respectively, for ACIMs. 87 FR 65856, 56892. Consistent
with that rulemaking, DOE is proposing amendments to the reporting
requirements for ACIMs.
1. Reporting
Under the existing requirements in 10 CFR 429.45, manufacturers
must report maximum energy use in kilowatt hours (``kWh'') per 100
pounds of ice, maximum condenser water use in gallons per 100 pounds of
ice, harvest rate in pounds of ice per 24 hours, type of cooling, and
equipment type. 10 CFR 429.45(b)(2). These requirements provide for
certifying compliance with the standards applicable to ACIMs
manufactured on or after January 28, 2018. 10 CFR 431.136(c) and (d).
DOE is proposing to update these requirements and align the reporting
requirements with the November 2022 ACIM Final Rule and proposing
general certification requirements for ACIMs. DOE discusses these
proposed updates in the sections as follows.
a. Energy and Water Condenser Use
For ACIMs, the current reporting requirements include maximum
energy use in kWh per 100 pounds of ice and maximum condenser water use
in gallons per 100 pounds of ice. 10 CFR 429.45(b)(2). In the November
2022 ACIM Final Rule, DOE determined that the reference to ``maximum
energy use'' and ``maximum condenser water use'' in 10 CFR 429.45 could
be misinterpreted to refer to the energy and water conservation
standard levels for that basic model (i.e., the maximum allowable
energy and maximum allowable condenser water use), as opposed to the
tested performance. 87 FR 65856, 65891. Therefore, in that same rule,
for consistency and clarity, DOE replaced the term ``maximum energy
use'' with the term ``energy use'' and the term ``maximum condenser
water use'' with the term ``condenser water use.'' Id. at 87 FR 65892.
In addition, values of both energy and condenser water consumption are
relevant for ACIMs. Id. at 87 FR 65891. As such, DOE modified the
language at 10 CFR 429.45 to specify expressly that the sampling plan
at 10 CFR 429.45(a)(2)(i) applies both to measures of energy and
condenser water use for which consumers would favor lower values. Id.
at 87 FR 65892.
Similarly, 10 CFR 431.132 included a definition for the term
``maximum condenser water use.'' This language may also be
misinterpreted to refer to the condenser water conservation standard
level for a basic model as opposed to the tested condenser water use.
Therefore, in the November 2022 ACIM Final Rule, DOE modified the term
and definition of ``maximum condenser water use'' to instead refer to
the term ``condenser water use.'' Id.
In the November 2022 ACIM Final Rule, DOE did not revise the
reporting requirements in 10 CFR 429.45 to remove the term ``maximum''
and align the requirements with the newly adopted definitions for
``energy use'' and ``condenser water use.'' Id. at 87 FR 65897. As a
result, DOE is proposing to update the reporting requirements to
specify ``energy use'' and ``condenser water use'' in this document.
DOE seeks comment on its proposal to align ACIM reporting
requirement terminology with the amended terms.
b. Rounding Requirements
DOE currently requires test results for ACIMs to be rounded, as
outlined in the ACIMs test procedure. 10 CFR 431.134(g). However, the
certification requirements in 10 CFR 429.45 do not specify how values
calculated in accordance with 10 CFR 429.45(a) would be rounded for
reporting per 10 CFR 429.45(b). To ensure consistency among ACIM
certification reports, DOE proposes that any reported values be rounded
consistent with the rounding requirements for individual test results.
Specifically, DOE proposes to require that reported values be rounded
as follows: energy use to the nearest 0.01 kWh/100 lb, condenser water
use to the nearest gal/100 lb, and harvest rate to the nearest 1 lb/24
h (for ACIMs with harvest rates greater than 50 lb/24 h) or to the
nearest 0.1 lb/24 h (for ACIMs with harvest rates less than or equal to
50 lb/24 h).

[[Page 67480]]

DOE seeks comment on its proposal to establish rounding
requirements for ACIMs.
c. Sampling Corrections
Currently, DOE's sampling provisions for ACIMs state that any
represented value of energy use, condenser water use, or other measure
of consumption of a basic model for which consumers would favor lower
values shall be greater than or equal to the higher of the mean of the
sample, or the upper 95 percent confidence limit of the true mean
(``UCL'') divided by 1.10. 10 CFR 429.45(a)(2). The sampling provisions
also state that the UCL should be calculated using the Student's t-
Distribution Values for Certification Testing for a 95 percent two-
tailed confidence interval with n-1 degrees of freedom from appendix A,
where ``n'' is the number of samples. Id. However, appendix A outlines
Student's t-Distribution Values that are based on a one-tailed
confidence interval, rather than the two-tailed confidence interval
specified in 10 CFR 429.45(a)(2)(ii). To correct this discrepancy, DOE
is proposing to revise 10 CFR 429.45(a)(2)(ii) to specify that the UCL
should be calculated using the Student's t-Distribution Values for
Certification Testing for a 95 percent one-tailed confidence interval
outlined in appendix A.
DOE seeks comment on its proposal to correct the sampling
provisions for ACIMs.
2. Reporting Costs and Impacts
In this NOPR, DOE proposes to align ACIM certification reporting
requirements with the amended terms adopted in the November 2022 ACIM
Final Rule. For ACIMs, manufacturers currently report maximum energy
use and maximum condenser water and under the proposed amended
requirements would report energy use and condenser water use, which are
substantially similar to the previous requirement.
DOE has tentatively determined that these proposed amendments would
not impose additional costs for manufacturers because manufacturers of
ACIMs are already submitting certification reports to DOE containing
these values and should have readily available the information that DOE
is proposing to collect as part of this proposed rulemaking. DOE does
not believe the revised reporting requirements will cause any
appreciable change in reporting burden or hours as compared to what
ACIM manufacturers are doing currently.
DOE requests comment on the certification reporting costs of the
amendments proposed for ACIMs.

M. Walk-In Coolers and Freezers

DOE is proposing to amend the reporting requirements for walk-in
coolers and walk-in freezers (``walk-ins''), which are enclosed storage
spaces refrigerated to temperatures, respectively, above and at or
below 32 [deg]F that can be walked into and have a total chilled
storage area of less than 3,000 square feet. The terms ``walk-in
cooler'' and ``walk-in freezer'' do not include products designed and
marketed exclusively for medical, scientific, or research purposes. 10
CFR 431.302 In the test procedure final rule published on May 4, 2023
(``May 2023 Walk-ins TP Final Rule''), DOE amended the test procedure
provisions for walk-ins. 88 FR 28780. Consistent with the May 2023
Walk-ins TP Final Rule, DOE is proposing amendments to the reporting
requirements in this NOPR.
1. Reporting
Under the existing requirements in 10 CFR 429.53, manufacturers
must report the following public information:
(1) For all walk-in doors: the door type, R-value of the door
insulation, a declaration that the manufacturer has incorporated the
applicable design requirements, door energy consumption, and rated
surface area in square feet. 10 CFR 429.53(b)(2)(i) and (b)(3)(i).
(2) For walk-in doors with transparent reach-in doors and windows,
the glass type of the doors and windows (e.g., double-pane with heat
reflective treatment, triple-pane glass with gas fill), and the power
draw of the antisweat heater in watts per square foot of door opening.
10 CFR 429.53 (b)(i).
(3) For walk-in panels: the insulation R-value. 10 CFR
429.53(b)(ii).
(4) For walk-in refrigeration systems: the installed motor's
function purpose (i.e., evaporator fan motor or condenser fan motor),
its rated horsepower, a declaration that the manufacturer has
incorporated the applicable walk-in-specific design requirements into
the motor, annual walk-in energy factor (``AWEF''), net capacity, the
configuration tested for certification (e.g., condensing unit only,
unit cooler only, single-packaged dedicated system, or matched pair),
and if an indoor dedicated condensing unit is also certified as an
outdoor dedicated condensing unit (and, if so, the basic model number
for the outdoor dedicated condensing unit). 10 CFR 429.53(b)(2)(iii),
(b)(3)(ii), (b)(5).
Under the existing requirements in 10 CFR 429.53, manufacturers
must report the following non-public information for all walk-in doors:
(1) rated power of each light, heater wire, and/or other electricity
consuming device; and (2) whether such device(s) has/have a timer,
control system, or other demand-based control that reduces the device's
power consumption. 10 CFR 429.53(b)(4)(i).
These requirements provide for certifying compliance with the
standards applicable to walk-in doors, panels, and medium temperature
dedicated condensing units (including medium temperature single-
packaged dedicated systems and matched pairs) manufactured on or after
June 5, 2017 and with the standards applicable to walk-in low
temperature dedicated condensing units (including low temperature
single-packaged dedicated systems and matched pairs), low temperature
unit coolers, and medium temperature unit coolers manufactured on or
after July 10, 2020. DOE is proposing to update these requirements and
align the reporting requirements with the May 2023 Walk-ins TP Final
Rule. DOE discusses these proposed updates in the sections as follows.
a. Combining the Publicly Required Reporting Requirements in 10 CFR
429.53(b)(2), 429.53 (b)(3), and 429.53(b)(5)
The current reporting requirements at 10 CFR 429.53(b) specify
public reporting requirements in three paragraphs--(b)(2), (b)(3), and
(b)(5)--based on whether the reporting requirement was submitted before
or after June 5, 2017. Given this date has passed, DOE is proposing to
combine the public product-specific reporting requirements at 10 CFR
429.53(b)(2) and move the non-public product-specific reporting
requirements from 10 CFR 429.53(b)(4) to 10 CFR 429.53(b)(3).
b. CO<INF>2</INF> Systems
DOE has granted waivers to Heat Transfer Products Group, Hussmann,
KeepRite, and RefPlus for an alternate test procedure for specific unit
cooler basic models that utilize CO<INF>2</INF> as a refrigerant.\18\
The alternate test procedure provided in these waivers modifies the
test condition values to reflect typical operating conditions for a
transcritical \19\ CO<INF>2</INF> booster system.

[[Page 67481]]

Specifically, the waiver test procedures require that CO<INF>2</INF>
unit cooler testing is conducted at a liquid inlet saturation
temperature of 38 [deg]F and a liquid inlet subcooling temperature of 5
[deg]F.
---------------------------------------------------------------------------

\18\ HTPG Decision and Order, 86 FR 14887 (Mar. 19, 2021);
Hussmann Decision and Order, 86 FR 24606 (May 7, 2021); KeepRite
Decision and Order, 86 FR 24603 (May 7, 2021); RefPlus Interim
Waiver, 86 FR 43633 (Aug. 10, 2021).
\19\ CO<INF>2</INF> refrigeration systems are transcritical
because the high-temperature refrigerant that is cooled by ambient
air is in a supercritical state, above the 87.8 [deg]F critical
point temperature, above which the refrigerant cannot exist as
separate vapor and liquid phases.
---------------------------------------------------------------------------

In the May 2023 Walk-ins TP Final Rule, DOE amended appendix C to
include the alternate test conditions specified in the waivers. DOE
also adopted these requirements into the new appendix C1. 88 FR 28780,
28809. Additionally, in the May 2023 Walk-ins TP Final Rule, DOE
defined a ``CO<INF>2</INF> unit cooler'' as ``a unit cooler that
includes a nameplate listing only CO<INF>2</INF> as an approved
refrigerant''. 88 FR 28780, 28790.
Accordingly, DOE proposes to amend the public reporting
requirements at 10 CFR 429.53(b)(2)(iii) to require that manufacturers
report whether a given basic model meets the definition of a
CO<INF>2</INF> unit cooler as defined in the May 2023 Walk-ins TP Final
Rule. DOE proposes that manufacturers would be required to comply with
the proposed reporting requirement beginning on the next certification
report annual filing date required for walk-in components following the
publication of this rule, if finalized.\20\
---------------------------------------------------------------------------

\20\ The annual certification report filings for walk-ins are
due no later than August 1. See 10 CFR 429.12, Table 1 to paragraph
(d).
---------------------------------------------------------------------------

DOE seeks comment on its proposal to require the reporting of
whether a basic model meets the definition of a CO<INF>2</INF> unit
cooler.
c. Detachable Single-Packaged Dedicated Systems and Attached Split
System
In the May 2023 Walk-ins TP Final Rule, DOE defined a ``detachable
single-packaged dedicated system'' as a system consisting of a
dedicated condensing unit and an insulated evaporator section in which
the evaporator section is designed to be installed external to the
walk-in enclosure and circulating air through the enclosure wall, and
the condensing unit is designed to be installed either attached to the
evaporator section or mounted remotely with a set of refrigerant lines
connecting the two components. 88 FR 28780, 28790. Since detachable
single-packaged dedicated systems have thermal losses similar to those
for single-packaged dedicated systems, DOE adopted the air enthalpy
test procedure for single-packaged dedicated systems in the May 2023
Walk-ins TP Final Rule. 88 FR 28780, 28815-28816.
Additionally, DOE defined an ``attached split system'' in the May
2023 Walk-ins TP Final Rule as a matched pair refrigeration system that
is designed to be installed with the evaporator entirely inside the
walk-in enclosure and the condenser entirely outside the walk-in
enclosure, where the evaporator and condenser are permanently connected
with structural members extending through the walk-in wall. 88 FR
28780, 28790. DOE has confirmed through testing that these systems
still experience some heat leakage when compared to traditionally
installed systems that have the dedicated condensing unit and the unit
cooler in separate housings. This heat leakage has not been fully
studied, however, so in the May 2023 Walk-ins TP Final Rule, DOE
specified that these systems should be tested as a matched pair using
refrigerant enthalpy methods. 88 FR 28780, 28816.
Although both detachable single-packaged dedicated systems and
attached split systems would be considered a ``single-packaged
dedicated system,'' the two would be tested differently. Some of the
previously discussed test procedure waivers specify basic models that
meet the definition of a detachable single-packaged dedicated system or
an attached split system. To ensure appropriate testing and consistent
reporting, it is important that these units be identified during
certification.
Accordingly, DOE proposes to amend the public reporting
requirements at 10 CFR 429.53(b)(2)(iii) to require that manufacturers
report whether a given basic model meets the definition of a
``detachable single-packaged dedicated system'' or an ``attached split
system'' as defined in the May 2023 Walk-ins TP Final Rule. DOE
proposes that manufacturers would be required to comply with the
proposed reporting requirement beginning on the next certification
report annual filing date required for walk-in components following the
publication of this rule, if finalized.
DOE seeks comment on its proposal to require the reporting of
whether a basic model meets the definition of a detachable single-
packaged dedicated system or an attached split system.
d. Head Pressure Control
In the May 2023 Walk-ins TP Final Rule, DOE adopted refrigerant
charging provisions for walk-in dedicated condensing systems that use
valves to ``flood'' the condenser with liquid refrigerant to maintain
sufficiently high condensing temperature under cold air temperatures.
88 FR 28780, 28804-28806. Specifically, DOE noted that charging in the
``C'' test condition rather than the ``A'' test condition is
appropriate for dedicated condensing systems (dedicated condensing
units, matched systems, and single-packaged dedicated systems) that use
a flooded condenser design. Id. However, for dedicated condensing
systems that use fan controls to maintain condensing temperature for
low ambient operating conditions, the test procedure specifies charging
at the ``A'' test condition. 88 FR 28780, 28804-28806.
Accordingly, DOE proposes to amend the non-public reporting
requirements at 10 CFR 429.53(b)(3)(ii) \21\ to require that
manufacturers report whether a given dedicated condensing system basic
model is sold with flooded head pressure controls for maintaining
condensing temperature at low ambient temperatures. DOE proposes that
manufacturers would be required to comply with the proposed reporting
requirement beginning on the next certification report annual filing
date required for walk-in components following the publication of this
rule, if finalized.
---------------------------------------------------------------------------

\21\ Note that currently 10 CFR 429.53(b)(3) specifies public
reporting requirements. In this NOPR, DOE is proposing to revise 10
CFR 429.53(b) such that paragraph (b)(2) specifies the public
reporting requirements and paragraph (b)(3) specifies non-public
reporting requirements.
---------------------------------------------------------------------------

DOE seeks comment on its proposal to require the reporting of
whether a dedicated condensing system basic model includes flooded head
pressure controls.
e. Compressor Break-In
Although the DOE test procedure for walk-in refrigeration systems
does not require a compressor ``break-in'' period, DOE recognizes that
walk-in refrigeration manufacturers may routinely break-in the
refrigeration system compressor for some time prior to conducting
testing. This break-in period can reduce variation in compressor
performance.
In the June 8, 2016, central air conditioners and heat pumps test
procedure final rule, DOE noted that the most significant improvements
in both compressor performance and reduction in variation among
compressor models occur during roughly the first 20 hours of run time.
81 FR 36992, 37034. Ultimately, DOE adopted the provision to limit the
optional break-in period to 20 hours to achieve the most uniform
compressor performance while limiting test burden. Id. DOE additionally
included provisions for manufacturers to have the option to report the
use of a break-in period and its duration as

[[Page 67482]]

part of the test data underlying their product certifications, the use
of the same break-in period specified in product certifications for
testing conducted by DOE, and the use of the 20 hours break-in period
for products certified using an alternative efficiency determination
method (``AEDM''). 81 FR 36992, 37033.
Other DOE-regulated equipment, such as dedicated outdoor air
systems (see appendix B to subpart F of 10 CFR part 431 and discussion
at 87 FR 45164, 45177-45178), single package vertical air conditioners
and heat pumps (``SPVUs'') (see section I of subpart F to 10 CFR part
431) and air-cooled unitary air conditions and heat pumps (``CUACs'')
(see 10 CFR 431.96) include required or optional provisions for
compressor break-in either as part of the test procedure or as a
certification option, so that any potential enforcement testing uses
conditions similar to those used for rating a given unit. Whether
required or optional, break-in duration is limited to a maximum of 20
hours for dedicated outdoor air supply units, SPVUs, and CUACs.
Accordingly, DOE proposes to amend the non-public reporting
requirements at 10 CFR 429.53(b)(3)(ii) \22\ to provide an option for
manufacturers to report the compressor break-in period, in hours, used
to obtain a basic model's certified rating; however, the break-in
duration may not exceed 20 hours in length. DOE proposes that
manufacturers would be required to comply with the proposed reporting
requirement beginning on the next certification report annual filing
date required for walk-in components following the publication of this
rule, if finalized.
---------------------------------------------------------------------------

\22\ Note that currently 10 CFR 429.53(b)(3) specifies public
reporting requirements. In this NOPR, DOE is proposing to revise 10
CFR 429.53(b) such that paragraph (b)(2) specifies public reporting
requirements and paragraph (b)(3) specifies non-public reporting
requirements.
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