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Rule2024-21950

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

October 9, 2024

Effective

December 23, 2024

Issuing agencies

Energy Department

Abstract

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

Full Text

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<title>Federal Register, Volume 89 Issue 196 (Wednesday, October 9, 2024)</title>
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[Federal Register Volume 89, Number 196 (Wednesday, October 9, 2024)]
[Rules and Regulations]
[Pages 81994-82071]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21950]

[[Page 81993]]

Vol. 89

Wednesday,

No. 196

October 9, 2024

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; Final Rule

Federal Register / Vol. 89 , No. 196 / Wednesday, October 9, 2024 /
Rules and Regulations

[[Page 81994]]

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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: Final rule.

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

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

ADDRESSES: The docket, which includes Federal Register notices, public
meeting attendee lists and transcripts, comments, and other supporting
documents/materials, is available for review at <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 those containing information that is exempt from
public disclosure.
A link to the docket web page can be found at <a href="http://www.regulations.gov/docket/EERE-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.

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#05447575696c646b66605671646b616477617654706076716c6a6b764560602b616a602b626a73">[email&#160;protected]</a>.
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-4798. Email: <a href="/cdn-cgi/l/email-protection#3a7f48535914694e5b497a524b145e555f145d554c">[email&#160;protected]</a>.
For further information on how to review the docket contact the
Appliance and Equipment Standards Program staff at (202) 287-1445 or by
email: <a href="/cdn-cgi/l/email-protection#35744545595c545b56506641545b515447514664405046415c5a5b467550501b515a501b525a43">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Final Rule
III. Discussion
A. General Comments
1. Rulemaking Process
2. Compliance Timeline
3. Collection of Information
4. Certification Reporting Cost and Burden
5. Calculations for Enforcement Testing
6. Comments on Products/Equipment not Included in the September
2023 CCE NOPR
B. Central Air Conditioners and Heat Pumps
1. Reporting
2. Reporting Costs and Impacts
C. Dishwashers
1. Reporting
2. Reporting Costs and Impacts
D. Residential Clothes Washers
1. Reporting
2. Reporting Costs and Impacts
E. Pool Heaters
1. Reporting
2. Reporting Costs and Impacts
F. Dehumidifiers
1. Reporting
2. Reporting Costs and Impacts
G. External Power Supplies
1. Reporting
2. Reporting Costs and Impacts
H. Battery Chargers
1. Reporting
2. Reporting Costs and Impacts
I. Computer Room Air Conditioners
1. Reporting
2. Reporting Costs and Impacts
J. Direct Expansion-Dedicated Outdoor Air Systems
1. Reporting
2. Reporting Costs and Impacts
K. Air-Cooled, Three-Phase, Small Commercial Package Air
Conditioners and Heat Pumps With a Cooling Capacity of Less Than
65,000 Btu/h and Air-Cooled, Three-Phase, Variable Refrigerant Flow
Air Conditioners and Heat Pumps With a Cooling Capacity of Less Than
65,000 Btu/h
1. Reporting
2. Reporting Costs and Impacts
L. Commercial Water Heating Equipment
1. Reporting
2. Reporting Costs and Impacts
M. Automatic Commercial Ice Makers
1. Reporting
2. Reporting Costs and Impacts
N. Walk-In Coolers and Freezers
1. Reporting
2. Reporting Costs and Impacts
3. Labeling
4. Labeling Costs and Impact
O. Commercial and Industrial Pumps
1. Reporting
2. Reporting Costs and Impacts
P. Portable Air Conditioners
1. Reporting
2. Reporting Costs and Impacts
Q. Compressors
1. Reporting
2. Reporting Costs and Impacts
R. Dedicated-Purpose Pool Pump Motors
1. Reporting
2. Reporting Costs and Impacts
S. Air Cleaners
1. Reporting
2. Reporting Costs and Impacts
T. Single Package Vertical Units
1. Reporting
2. Reporting Costs and Impacts
U. Ceiling Fan Light Kits
1. Reporting
2. Reporting Costs and Impacts
V. General Service Lamps
W. Additional Corrections
X. Revised Certification Templates
Y. Effective and Compliance Dates
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Orders 12866, 13563, and 14094
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Congressional Notification
N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary

[[Page 81995]]

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, as codified) 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 package air
conditioners and heat pumps with a cooling capacity of less than 65,000
Btu/h (``three-phase, less than 65,000 Btu/h ACUACs and ACUHPs'') and
air-cooled, three-phase variable refrigerant flow air conditioners and
heat pumps with a cooling capacity of less than 65,000 Btu/h (``three-
phase, less than 65,000 Btu/h VRF''), commercial water heating
equipment (``CWHs''), automatic commercial ice makers (``ACIMs''),
walk-in coolers and walk-in freezers (``walk-ins''), commercial and
industrial pumps, portable air conditioners (``portable ACs''),
compressors, dedicated-purpose pool pump motors (``DPPPMs''), air
cleaners, single package vertical units (``SPVUs''), ceiling fan light
kits (``CFLKs''), and general service lamps (``GSLs''), all of which
are subjects of this document. (42 U.S.C. 6292(a)(3), (6-7), (11), and
(20); 42 U.S.C. 6295(i)(6), (u), (cc), and (ff); 42 U.S.C. 6311(1)(A-
D), (F-G), (K), and (2)(B)(i)).
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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 under EPCA (42
U.S.C. 6295(s); 42 U.S.C. 6316(a); 42 U.S.C. 6316(b); 42 U.S.C. 6296),
and (2) making other representations about the efficiency of those
products or equipment (42 U.S.C. 6293(c); 42 U.S.C. 6314(d)).
Similarly, DOE must use these test procedures to determine whether the
products or equipment comply with any relevant standards promulgated
under EPCA. (42 U.S.C. 6295(s); 42 U.S.C. 6316(a); 42 U.S.C. 6316(b);
42 U.S.C. 6296).
EPCA authorizes DOE to enforce compliance with the energy and water
conservation standards established for covered products and equipment.
(42 U.S.C. 6299-6305; 42 U.S.C. 6316(a)-(b)) DOE has promulgated
certification and/or enforcement regulations that include reporting
requirements for covered products and equipment including CAC/HPs, DWs,
RCWs, pool heaters, dehumidifiers, EPSs, battery chargers, CRACs,
three-phase, less than 65,000 Btu/h ACUACs and ACUHPs, three-phase,
less than 65,000 Btu/h VRF, CWHs, ACIMs, walk-ins, commercial and
industrial pumps, portable ACs, compressors, SPVUs, CFLKs, and GSLs.
DOE is establishing certification and reporting requirements for DX-
DOASes, DPPPMs, and air cleaners. 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 of any other testing conducted to
satisfy the requirements of 10 CFR parts 429, 430, and/or 10 CFR part
431 until 2 years after notifying DOE that a model has been
discontinued. 10 CFR 429.71. Certification reports provide DOE and
consumers with comprehensive, up-to-date efficiency information and
support effective enforcement.
To ensure that all covered products and covered equipment
distributed in the United States comply with DOE's energy and water
conservation standards and reporting requirements, DOE has promulgated
certification, compliance, and enforcement regulations in 10 CFR parts
429 and 431. On March 7, 2011, DOE published in the Federal Register a
final rule regarding certification, compliance, and enforcement for
consumer products and commercial and industrial equipment, which
revised, consolidated, and streamlined DOE's existing certification,
compliance, and enforcement regulations for certain consumer products
and commercial and industrial equipment covered under EPCA. 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,

[[Page 81996]]

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 as additional information related to energy efficiency, energy
use, and other measures of energy consumption, including instructions
for maintenance and repair of the covered equipment, as the Secretary
determines is necessary to provide adequate information to purchasers;
and requirements that printed matter displayed or distributed with the
equipment at the point of sale also include the information required to
be placed on the label. (42 U.S.C. 6315(c)).
DOE published a notice of proposed rulemaking (``NOPR'') in the
Federal Register on September 29, 2023, that proposed to amend the
certification, reporting, and labeling requirements for the products
and equipment that are the subjects of this final rule. 88 FR 67458
(``September 2023 CCE NOPR''). DOE held a public meeting related to
this NOPR on October 26, 2023 (hereafter, the ``NOPR public meeting'').
DOE received comments in response to the September 2023 CCE NOPR
from the interested parties listed in Table I.1.

Table I.1--List of Commenters With Written Submissions in Response to the September 2023 CCE NOPR
----------------------------------------------------------------------------------------------------------------
Reference in this final Comment No. in
Commenter(s) rule the docket Commenter type
----------------------------------------------------------------------------------------------------------------
Air-Conditioning, Heating, & AHRI...................... 18 Trade Association.
Refrigeration Institute.
American Lighting Association........... ALA....................... 7 Trade Association.
Appliance Standards Awareness Program, ASAP et al................ 14 Efficiency Advocacy
Consumer Federation of America Organizations.
(``CFA''), National Consumer Law Center
(``NCLC''), National Resource Defense
Council (``NRDC''), and Northwest
Energy Efficiency Alliance (``NEEA'').
Association of Home Appliance AHAM...................... \4\ 9, 16, 19 Trade Association.
Manufacturers.
AHAM, ASAP, American Council for an Joint Stakeholders........ 17 Trade Association and
Energy-Efficiency Economy, Alliance for Efficiency Advocacy
Water Efficiency, CFA, Consumer Organizations.
Reports, Earthjustice, NCLC, NRDC,
NEEA, and Pacific Gas and Electric
Company (``PG&E'').
Bradford White Corporation.............. BWC....................... 13 Manufacturer.
Carrier Global Corporation.............. Carrier................... 12 Manufacturer.
Grundfos Americas Corporation........... Grundfos.................. 10 Manufacturer.
Hydraulic Institute..................... Hydraulic Institute....... 20 Trade Association.
MJ L.................................... MJ L...................... 11 Individual.
PG&E, Southern California Edison, and CA IOUs................... 8 Utilities.
San Diego Gas & Electric Company;
collectively, the California Investor-
Owned Utilities.
Rheem Manufacturing Company............. Rheem..................... 15 Manufacturer.
----------------------------------------------------------------------------------------------------------------

A parenthetical reference at the end of a comment quotation or
paraphrase provides the location of the item in the public record.\5\
To the extent that interested parties have provided written comments
that are substantively consistent with any oral comments provided
during the NOPR public meeting, DOE cites the written comments
throughout this final rule. Any oral comments provided during the
webinar that are not substantively addressed by written comments are
summarized and cited separately throughout this final rule.
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\4\ AHAM comment nos. 9 and 19 are identical. Therefore, DOE
only cites no. 19 in the discussion section of this final rule.
\5\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to amend
certification, reporting, and labeling requirements for the subject
products and equipment. (Docket No. EERE-2023-BT-CE-0001), which is
maintained at <a href="http://www.regulations.gov">www.regulations.gov</a>). The references are arranged as
follows: (commenter name, comment docket ID number, page of that
document).
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II. Synopsis of the Final Rule

Since the previous final rule amending certification requirements
for covered products (87 FR 43952 (July 22, 2022)), DOE has proposed or
finalized test procedures and/or energy conservation standards for
multiple products and equipment. In this rulemaking, DOE is revising
its certification, labeling, and enforcement regulations for certain
covered products and equipment to align with these proposed and
finalized amendments.
In this final rule, DOE updates the certification reporting and
labeling 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

[[Page 81997]]

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 were required to use the revised appendix C1 test
procedure beginning July 17, 2023, and use of appendix C2 is required
when certifying compliance with amended energy conservation standards
based on appendix C2. 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 will be required to
demonstrate compliance with 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 effective wire gauge and
length of 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.
(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 CRAC 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 net sensible
coefficient of performance (``NSenCOP'').
(9) DX-DOASes. 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) Walk-Ins. For walk-in refrigeration systems, add requirement
to report whether each refrigeration system meets the definition of a
carbon dioxide (``CO<INF>2</INF>'') 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 freezer doors with anti-
sweat heat (``ASH''). Revise labeling requirements for walk-in panels
at 10 CFR 431.305.
(14) Commercial and Industrial Pumps. Provide minor corrections to
the terminology of variables in the certification requirements.
(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
adopted in the September 28, 2023 final rule (88 FR 66966), 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 was required beginning December 31, 2023, establish an
annual filing date of December 1 at 10 CFR 429.12(d), and provide minor
correction to sampling provisions at 10 CFR 429.68(a)(2)(ii).
(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.

[[Page 81998]]

(20) CFLKs. Clarify existing CFLK reporting requirements at 10 CFR
429.33(b)(2)(ii)(A) and (b)(3)(ii)(B).
(21) GSLs. Specify certifying compliance to the GSL backstop
requirement of 45 lumens per watt (lm/W) at 10 CFR 430.32(dd).
The adopted amendments are summarized in Table II.1 and compared to
the certification, reporting, and labeling requirements prior to the
amendment, as well as the reason for the adopted change. Table II.1
also provides the required compliance date for the certification
requirements established in this final rule.

Table II.1--Summary of Changes to Certification Reporting Requirements Relative to Current Certification
Reporting Requirements
----------------------------------------------------------------------------------------------------------------
Current DOE certification reporting Amended certification
requirements reporting requirements Attribution Compliance required
----------------------------------------------------------------------------------------------------------------
For CAC/HPs, no reporting requirement Add reporting Required to determine When certifying
to indicate whether variable speed requirement to Sec. applicable test compliance in
coil-only rating is based on non- 429.16(e)(2)(vi) to conditions specified accordance with the
communicating or communicating specify whether in appendix M1 test next annual
control system. variable speed coil- procedure. certification report
only rating is based filing date on/after
on non-communicating May 7, 2025.
or communicating
control system.
For CAC/HPs, no reporting requirement Add reporting Required to determine When certifying
to indicate whether system varies requirement to Sec. applicable test compliance in
blower speeds with outdoor air 429.16(e)(4)(iv) to conditions specified accordance with the
conditions. specify whether system in appendix M1 test next annual
varies blower speeds procedure. certification report
with outdoor air filing date on/after
conditions. May 7, 2025.
For CAC/HPs, current sampling Correct Sec. Removes discrepancy N/A.
requirements state to use Student's 429.16(b)(3)(i)(B), from sampling
t-Distribution Values from (ii)(B), and provisions, improves
``Appendix D,'' whereas appendix A (iii)(A)(2) to specify clarity.
to subpart B of part 429 contains that the Student's t-
the applicable Student's t- Distribution Values in
Distribution Values. appendix A to subpart
B of part 429 should
be used.
For DWs, reporting requirements in Remove referenced Ensures consistency N/A.
Sec. 429.19(b)(2) and (3) and list standard in Sec. between reporting
of materials incorporated by 429.19(b)(2) and from requirements and DW
reference in Sec. 429.4 specify the list of materials test procedures.
ANSI/AHAM DW-1-2010. incorporated by
reference in Sec.
429.4.
For DWs, reporting requirements do Add reporting Required to ensure that On or before April 23,
not include cycle selected for requirements for cycle information reported 2027, the compliance
energy test. selected for energy to DOE is consistent date of amended energy
test at heavy, medium, with the tested cycle conservation standards
and light soil loads, requirements specified based on appendix C2.
whether the cycles are in appendix C2.
soil-sensing, and the
options selected for
the energy test at
these soil loads (when
testing in accordance
with appendix C2) to
Sec.
429.19(b)(3)(iv).
For DWs, reporting requirements do Add reporting Required to ensure that On or before April 23,
not include cleaning index. requirement for the reported test 2027, the compliance
average cleaning index cycle is a valid test date of amended energy
of sensor heavy cycle that meets the conservation standards
response, sensor specified cleaning based on appendix C2.
medium response, and index threshold.
sensor light response
test cycles (when
testing in accordance
with appendix C2) to
Sec. 429.19(b)(3)(v).
For DWs, reporting requirements do Add reporting Required to account for When certifying
not reflect water re-use system DWs. requirements specific extra energy use and compliance in
to water re-use system water use associated accordance with the
DWs to Sec. with water re-use next annual
429.19(b)(3)(vii), systems. certification report
including energy use filing date on/after
and water use May 7, 2025.
associated with drain
out and clean out
events.
For DWs, reporting requirements do Add reporting Required to account for When certifying
not reflect information needed for requirements specific water consumption of compliance in
DWs with built-in reservoirs. to DWs with built-in DWs with built-in accordance with the
reservoirs to Sec. reservoirs, and next annual
429.19(b)(3)(viii), therefore determine certification report
including reservoir compliance with the filing date on/after
capacity, prewash and current energy May 7, 2025.
main wash fill water conservation standards.
volume, and total
water consumption.
For DWs, no rounding requirements are Add rounding Improves When certifying
specified in Sec. 429.19. requirements to Sec. representativeness, compliance in
429.19(c). repeatability, and accordance with the
reproducibility. next annual
certification report
filing date on/after
May 7, 2025.
For RCWs, reporting requirements Remove obsolete Appendix J1 has been N/A.
include outdated requirements appendix J1 RCW removed from 10 CFR
associated with appendix J1. reporting requirements part 430.
from Sec.
429.20(b)(2)(i).

[[Page 81999]]

For RCWs, ``capacity'' is required to Update existing Consistency in N/A.
be reported. requirement to specify terminology between
``clothes container existing test
capacity'' rather than procedure and
``capacity'' at Sec. reporting requirements.
429.20(b)(2)(ii).
For RCWs, reporting requirements do Add reporting Required to ensure that When certifying
not include test cloth lot used by requirement to Sec. correct remaining compliance in
manufacturer for testing and 429.20(b)(3) for test moisture content accordance with the
certifying. cloth lot number used calculation is used next annual
during testing to for enforcement certification report
determine other testing per RCW filing date on/after
reported values. enforcement provisions May 7, 2025.
specified in Sec.
429.134(c).
For RCWs, no reporting requirements Add reporting Required to ensure On or before March 1
for RCWs tested in accordance with requirements for compliance with 2028, the compliance
appendix J test procedure. energy efficiency amendments to energy date of amended energy
ratio, water conservation standards. conservation standards
efficiency ratio, type based on appendix J.
of control system,
remaining moisture
content, 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 determine On or before May 30,
requirement only includes thermal requirement for compliance with the 2028, the compliance
efficiency for gas-fired pool integrated thermal amended energy date of amended energy
heaters. efficiency for both conservation standards. conservation
gas-fired and electric standards.
pool heaters to Sec.
429.24(b)(2)(i).
For electric pool heaters, no Add reporting Required to determine On or before May 30,
reporting requirement for active requirement for active compliance with the 2028, the compliance
electrical power. electrical power for amended energy date of amended energy
electric pool heaters conservation standards. conservation
to Sec. standards.
429.24(b)(2)(ii).
For dehumidifiers, reporting Remove obsolete Appendix X test N/A.
requirements include outdated appendix X procedure is no longer
requirements associated with dehumidifier reporting permitted for use to
appendix X. requirements from Sec. demonstrate compliance
429.36(b)(2)(i). with energy
conservation standards.
For EPSs, no reporting requirement Add reporting Required to conduct When certifying
for output cord specifications. requirement for output amended appendix Z compliance in
cord effective wire test procedure. accordance with the
gauge and length (or next annual
for EPSs shipped certification report
without an output filing date on/after
cord, effective wire May 7, 2025.
gauge and length for
the manufacturer's
recommended output
cord) to Sec.
429.37(b)(i)-(iv).
For EPSs, no reporting requirements Add reporting Required to determine When certifying
for output voltage. requirements for compliance with compliance in
output voltage to Sec. currently applicable accordance with the
429.37(i) through energy conservation next annual
(iv). standards. certification report
filing date on/after
May 7, 2025.
For EPSs exempt from the energy Add requirement that Improved clarity, When certifying
conservation standards, only the the year for which the consistency with other compliance in
number of units of exempt external sales number being similar reporting accordance with the
power supplies sold during the most reported represents to requirements. next annual
recent 12-calendar-month period Sec. 429.37(b)(3) certification report
ending on July 31, importer or and (c). filing date on/after
manufacturer name and address, and May 7, 2025.
brand name must be reported.
For battery chargers, reporting Add reporting Required to determine On or before the
requirements only reflect metrics requirements to Sec. compliance with any compliance date of any
associated with battery chargers 429.39(b)(5) and (6) future amended energy future amended energy
tested in accordance with appendix Y. for battery chargers conservation standards conservation standards
tested in accordance for battery chargers. based on appendix Y1.
with newly adopted
appendix Y1, multi-
metric approach.
For CRACs, reporting requirements do Add reporting Required to determine May 7, 2025.
not include provisions for requirements specific compliance with the
certifying compliance with net to net sensible amended energy
sensible coefficient of performance coefficient of conservation standards.
standards. performance to Sec.
429.43(b)(2)(ix)(B).
For CRACs, reporting requirements do Add supplemental Required to ensure that May 7, 2025.
not include provisions for testing instructions testing conditions are
submitting a supplemental testing file requirements in met in the case of
instructions file in PDF form. PDF form for enforcement testing.
certification reports
to Sec.
429.43(b)(4)(viii).

[[Page 82000]]

For CRACs, reporting requirements do Add reporting Required to determine May 7, 2025.
not include indoor and outdoor unit requirements for specific individual
individual model numbers. indoor and outdoor models distributed in
unit individual model commerce under each
numbers to Sec. basic model.
429.43(b)(6)(i).
For CRACs, current AEDM tolerances do Add tolerance of 5 Required for May 7, 2025.
not specify tolerances for NSenCOP percent to table 2 to consistency with
verification tests. Sec. allowable AEDMs for
429.70(c)(5)(vi)(B) other product types
for CRAC verification and metrics.
tests for NSenCOP.
For DX-DOASes, reporting requirements Add reporting Required to determine May 7, 2025.
do not include provisions for requirements for compliance with the
certifying compliance with integrated seasonal energy conservation
integrated seasonal moisture removal moisture removal standards.
efficiency 2 and integrated seasonal efficiency 2 and
coefficient of performance 2 integrated seasonal
standards. coefficient of
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 requirements Add reporting Required to fully May 7, 2025.
do not include reporting requirements for ensure that
requirements for systems with systems with VERS to enforcement provisions
ventilation energy recovery systems Sec. specified at Sec.
(``VERS''). 429.43(b)(3)(iii). 429.134(s) for DX-
DOASes are met in the
case of enforcement
testing.
For DX-DOASes, reporting requirements Add supplemental Required to ensure that May 7, 2025.
do not include provisions for testing instructions testing conditions are
submitting a supplemental testing file requirements in met in the case of
instructions file in PDF form. PDF form for enforcement testing.
certification reports
to Sec.
429.43(b)(4)(x).
For DX-DOASes, reporting requirements Add reporting Required to determine May 7, 2025.
do not include indoor and outdoor requirements for specific individual
unit individual model numbers. indoor and outdoor models distributed in
unit individual model commerce under each
numbers to Sec. basic model.
429.43(b)(6)(ii).
For three-phase less than 65,000 Btu/ Add reporting Required to determine May 7, 2025.
h ACUACs and ACUHPs and three-phase requirements for compliance with energy
less than 65,000 Btu/h VRF, no seasonal energy conservation standards.
reporting requirements for seasonal efficiency ratio 2 and
energy efficiency ratio 2 and heating seasonal
heating seasonal performance factor performance factor 2
2. to Sec. 429.67(f)(2).
For three-phase less than 65,000 Btu/ Add reporting Required to determine May 7, 2025.
h ACUACs and ACUHPs and three-phase requirements for specific individual
less than 65,000 Btu/h VRF, indoor and outdoor models distributed in
reporting requirements do not unit individual model commerce under each
include indoor and outdoor unit numbers to Sec. basic model.
individual model numbers. 429.67(f)(4)).
For three-phase less than 65,000 Btu/ Add supplemental Required to ensure that May 7, 2025.
h ACUACs and ACUHPs and three-phase testing instructions testing conditions are
less than 65,000 Btu/h VRF, file requirements in met in the case of
reporting requirements do not PDF form for enforcement testing.
include provisions for submitting a certification reports
supplemental testing instructions for outdoor units with
file in PDF form for outdoor units no match to Sec.
with no match. 429.67(f)(3).
For three-phase less than 65,000 Btu/ Correct Sec. Removes discrepancy N/A.
h ACUACs three-phase less than 429.67(c)(2)(ii)(A)(2) from sampling
65,000 Btu/h VRF, current sampling to specify that the provisions, improves
requirements state to use the Student's t- clarity.
Student's t-Distribution Values from Distribution Values in
``appendix D'', whereas appendix A appendix A to subpart
to subpart B of part 429 contains B of part 429 should
the applicable Student's t- be used.
Distribution Values.

[[Page 82001]]

For CWHs, no reporting requirements Add reporting Required to determine May 7, 2025.
for electric instantaneous water requirements for compliance with energy
heaters. electric instantaneous conservation standards.
water heaters to Sec.
429.44(c)(2)(vi)-(vii
).
For CWHs, no rated input reporting Add rated input Required to determine When certifying
requirement for electric storage reporting requirement that models exceed the compliance in
water heaters. for electric storage definitional accordance with the
water heaters to Sec. requirement for next annual
429.44(c)(2)(i). electric storage water certification report
heaters. filing date on/after
May 7, 2025.
For ACIMs, reporting requirements Update reporting Improved clarity and When certifying
include ``maximum energy use'' and requirement consistency with compliance in
``maximum condenser water use''. terminology to specify definitions. accordance with the
``energy use'' and next annual
``condenser water certification report
use'' in Sec. filing date on/after
429.45(b)(2). May 7, 2025.
For ACIMs, no rounding requirements Add rounding Improves When certifying
for represented values specified in requirements in Sec. representativeness, compliance in
10 CFR 429.45. 429.45(b)(3) that repeatability, and accordance with the
specify represented reproducibility. next annual
values determined in certification report
10 CFR 429.45 must be filing date on/after
rounded consistent May 7, 2025.
with the test
procedure rounding
instructions upon the
compliance date of any
amended standards.
For ACIMs, sampling provisions Revise sampling Removes discrepancy N/A.
require use of the Student's t- provisions in 10 CFR from sampling
Distribution Values for a 95-percent 429.45(a)(2) to provisions, improves
two-tailed confidence interval from correct this clarity.
appendix A to subpart B of part 429, discrepancy and
whereas appendix A to subpart B of clarify that the
part 429 contains one-tailed Student's t-
Student's t-Distribution Values. Distribution Values
for a 95-percent one-
tailed confidence
interval from appendix
A to subpart B of part
429.
For walk-in refrigeration systems, no Add reporting Required to ensure test When certifying
reporting requirement for whether requirement for conditions specified compliance in
the basic model meets the definition whether the basic in the test procedure accordance with the
of a CO2 unit cooler. model meets the are met. next annual
definition of a CO2 certification report
unit cooler to Sec. filing date on/after
429.53(b)(2)(iii)(G). May 7, 2025.
For walk-in refrigeration systems, Modify current Required to ensure test When certifying
the configuration reporting configuration conditions specified compliance in
requirement does not include reporting requirement in the test procedure accordance with the
``detachable single-packaged in Sec. are met. next annual
dedicated system'' or ``attached 429.53(b)(2)(iii)(C) certification report
split system''. to include filing date on/after
``detachable single- May 7, 2025.
packaged dedicated
system'' and
``attached split
system''.
For walk-in dedicated condensing Add reporting Required to ensure test When certifying
systems, no reporting requirement requirement in Sec. conditions specified compliance in
for head pressure controls. 429.53(b)(3)(ii) for in the test procedure accordance with the
whether the basic are met. next annual
model has head certification report
pressure controls. filing date on/after
May 7, 2025.
No supplemental testing instructions Add requirement in Sec. Required to ensure test When certifying
for walk-in refrigeration systems. 429.53(b)(4) for conditions specified compliance in
submission of in the test procedure accordance with the
supplement test are met. next annual
information in PDF certification report
format, if necessary filing date on/after
to run a valid test, May 7, 2025.
at the time of
certification.
For walk-in refrigeration systems, no Add optional reporting Improves When certifying
reporting requirement for compressor requirement to Sec. representativeness, compliance in
break-in duration used to obtain 429.53(b)(3)(ii) for repeatability, and accordance with the
certified rating. compressor break-in reproducibility. next annual
duration used to certification report
obtain certified filing date on/after
rating, if applicable. May 7, 2025.
For walk-in doors with anti-sweat Add reporting Required to ensure When certifying
heater (ASH) controls, no reporting requirements to Sec. applicable enforcement compliance in
requirements for conditions at which 429.53(b)(2)(i)(H) for provisions are met in accordance with the
the controls activate the ASH wire. conditions (i.e., the case of next annual
temperature, humidity, enforcement testing. certification report
etc.) at which the filing date on/after
controls activate the May 7, 2025.
ASH wire.
For walk-in doors, no reporting Add reporting Required to calculate When certifying
requirement for thermal conduction requirement for daily energy compliance in
load through the door. thermal conduction consumption. accordance with the
load through the door next annual
to Sec. certification report
429.53(b)(3)(i)(B). filing date on/after
May 7, 2025.
For walk-in panels, date of Require panel Aids enforcement When certifying
manufacturer is not required on a manufacture date be evaluation, as compliance in
panel's nameplate or label. added to the nameplate necessary. accordance with the
or label in Sec. next annual
431.305(a). certification report
filing date on/after
May 7, 2025.
For commercial and industrial pumps, Amend all instances of Standardize variables N/A.
Pi\in\ is listed as P\in\i. P\in\i with Pi\in\. with those used in the
test procedure.

[[Page 82002]]

For portable ACs, reporting Remove ``ability to Improved clarity, May 7, 2025.
requirement for duct configuration operate in both consistency with
lists ``ability to operate in both configurations'' as an instructions in
configurations'' as an option. option in Sec. appendix CC and 10 CFR
429.62(b)(2) and add 429.62(a)(5).
reporting requirement
for whether model is
distributed in
commerce with multiple
duct configuration
options.
For portable ACs, no reporting Add reporting Required to determine May 7, 2025.
requirement for full-load seasonally requirements for compliance with the
adjusted cooling capacity for whether the basic energy conservation
variable-speed models. model is variable- standards.
speed, and if yes; the
full-load seasonally
adjusted cooling
capacity to Sec.
429.62(b)(3).
For compressors, reporting Establish an annual Required to ensure September 1, 2025
requirements are included in 10 CFR filing date of certification (first occurrence of
429.63, but no annual filing date is September 1 at 10 CFR information is current September 1st after
specified in 10 CFR 429.12. 429.12(d), by which on an annual basis, compliance date of
manufacturers would be consistent with the energy conservation
required to submit requirements for other standards in January
required reporting covered products and 2025).
information to DOE. equipment.
For DPPPMs, no reporting requirements Add reporting Required to verify On or before September
outlined in 10 CFR 429.65. requirements for compliance with new 29, 2025 (for DPPPMs
DPPPMs to Sec. energy conservation <0.5 THP, >=1.15 THP,
429.65(e). standards. and <=5 THP), the
compliance date of new
energy conservation
standards. On or
before September 28,
2027 (for DPPPMs >=0.5
THP and <1.15 THP),
the compliance date of
new energy
conservation
standards.
For DPPPMs, no rounding requirements Add rounding Improves On or before September
outlined in 10 CFR 429.65. requirements for representativeness, 29, 2025 (for DPPPMs
DPPPMs to Sec. repeatability, and <0.5 THP, >=1.15 THP,
429.65(f). reproducibility. and <=5 THP), the
compliance date of new
energy conservation
standards. On or
before September 28,
2027 (for DPPPMs >=0.5
THP and <1.15 THP),
the compliance date of
new energy
conservation
standards.
For DPPPMs, no annual filing date Establish an annual Required to ensure September 1, 2026,
specified in 10 CFR 429.12. filing date of certification (first occurrence of
September 1 at 10 CFR information is current September 1st after
429.12(d), by which on an annual basis, compliance date of
manufacturers would be consistent with the energy conservation
required to submit requirements for other standards in September
required reporting covered products and 2025).
information to DOE. equipment.
For air cleaners, no reporting Add reporting Required to verify May 7, 2025.
requirements outlined in 10 CFR requirements for air compliance with
429.68. cleaners to Sec. recently adopted
429.68(b). energy conservation
standards.
For air cleaners, no annual filing Establish an annual Required to ensure December 1, 2026,
date specified in 10 CFR 429.12. filing date of certification (first occurrence of
December 1 at 10 CFR information is current December 1st after
429.12(d), by which on an annual basis, required reporting on
manufacturers would be consistent with the May 7, 2025.
required to submit requirements for other
required reporting covered products and
information to DOE. equipment.
For air cleaners, 10 CFR Correct 10 CFR Corrects typographical N/A.
429.68(a)(2)(ii) includes a 429.68(a)(2)(ii) to error, improves
typographical error and states specify ``equal to the clarity.
``equal to the high''. lower''.
For SPVUs, reporting requirements do Add reporting Required to determine On or before the
not include provisions for requirements for compliance with the compliance date of any
certifying compliance with certifying compliance energy conservation amended SPVU energy
integrated energy efficiency ratio with integrated energy standards. conservation
standards. efficiency ratio standards.
standards to 10 CFR
429.43(b)(2)(v)(B) and
(vi)(B).

[[Page 82003]]

For SPVUs with cooling capacities Add reporting Required to determine On or before the
less than 65,000 Btu/h, reporting requirements to 10 CFR whether non- compliance date of any
requirements do not include whether 429.43(b)(2)(v)(B) and weatherized SPVUs with amended SPVU energy
the unit is weatherized or non- (vi)(B) for whether cooling capacities conservation
weatherized, and if non-weatherized, the unit is less than 65,000 Btu/h standards.
the airflow rate of outdoor weatherized or non- have met the
ventilation air which is drawn in weatherized, and if definitional
and conditioned. non-weatherized, the requirements for
airflow rate of airflow rate of
outdoor ventilation outdoor ventilation
air which is drawn in air which is drawn in
and conditioned as and conditioned.
determined in
accordance with 10 CFR
429.134(x)(3), while
the equipment is
operating with the
same drive kit and
motor settings used to
determine the
certified efficiency
rating of the
equipment.
For SPVUs, existing supplemental Add supplemental Required to ensure test On or before the
testing instruction requirements do testing instruction conditions specified compliance date of any
not reflect updated integrated file content in the test procedure amended SPVU energy
energy efficiency ratio test requirements for when are met. conservation
procedure. certifying compliance standards.
with an integrated
energy efficiency
ratio standard to 10
CFR
429.43(b)(4)(vi)(B)
and (vii)(B).
For CFLKs, reporting requirements Amend reporting Required to determine N/A.
inadvertently omit CFLKs distributed requirements in 10 CFR compliance with the
with consumer-replaceable SSL. 429.33(b)(2)(ii)(A) energy conservation
and (b)(3)(ii)(B) to standards.
include CFLKs
distributed with
consumer-replaceable
SSL.
For GSLs, certifying compliance to Specify certifying Required to show May 7, 2025.
the 45 lm/W backstop requirement is compliance to the GSL compliance with the
not required per DOE guidance. backstop requirement. energy conservation
standards.
----------------------------------------------------------------------------------------------------------------

The finalized regulatory amendments summarized in this section, and
that are described in greater detail in section III, pertain to
certification reporting and labeling requirements only. DOE is not
amending 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, walk-ins,
commercial and industrial pumps, portable ACs, compressors, DPPPMs, air
cleaners, SPVUs, CFLKs, and GSLs.
The effective date for the amended certification requirements
adopted in this final rule is 75 days after publication of this
document in the Federal Register. Certification reports 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, walk-ins,
commercial and industrial pumps, portable ACs, compressors, DPPPMs, air
cleaners, SPVUs, CFLKs, and GSLs submitted beginning 210 days after
publication of this final rule, in accordance with an annual
certification report filing date on or after 210 days after publication
of this final rule, or on or after the compliance date of any amended
energy conservation standards, as outlined in each of the product-
specific sections of section III of this notice, must comply with the
applicable certification requirements as amended by this final rule.
For certification reports submitted after the effective date of this
final rule, but prior to the compliance date, a manufacturer may
optionally submit a certification report as required by the amendments
in this final rule (i.e., early compliance is permitted). The
requirements pertaining to the compliance date and the provision for
early compliance apply to all certification reports submitted as
required by 10 CFR 429.12 (i.e., annual certifications and
certification of new and discontinued basic models).

III. Discussion

Certification of compliance to DOE is a mechanism that helps
manufacturers understand their 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.
As discussed in section I.B of this document, DOE proposed
amendments to the certification and reporting requirements for certain
products and equipment in the September 2023 CCE NOPR. 88 FR 67458. DOE
received a number of comments in response to the September 2023 CCE
NOPR, including general comments and comments on product/equipment
categories that were not included in the September 2023 CCE NOPR. These
comments are summarized and discussed in the following sections.
For the covered products and equipment addressed in this final
rule, DOE has identified areas in which the certification reporting
requirements in 10 CFR part 429 are not consistent with the information
required to verify compliance with current energy conservation
standards. DOE is amending the certification and reporting provisions
for these products and equipment to ensure reporting that is consistent
with currently applicable

[[Page 82004]]

energy conservation standards and to ensure that DOE has the
information necessary to determine the appropriate classification of
products for the application and enforcement of standards. In addition
to the specific amendments discussed in the following sections, DOE is
also adopting minor amendments to ensure consistency among terms used
throughout DOE's certification and reporting provisions. Additionally,
DOE is adopting labeling requirements for walk-ins.

A. General Comments

ASAP et al. commented in support of the September 2023 CCE NOPR.
ASAP et al. stated that the proposed reporting requirements would
ensure that DOE has relevant information to determine whether certified
models comply with the corresponding energy conservation standard. ASAP
et al. commented that clarity in reporting requirements for
certification would help to ensure that data reported to the Compliance
and Certification Management System (``CCMS'') is complete and
submitted in a uniform manner. (ASAP et al., No. 14 at pp. 1-2)
AHAM commented it supports many of the changes DOE is suggesting
for its certification, labeling, and enforcement provisions that are
aimed at ensuring consistency between testing to support certification
and testing DOE does to support its enforcement efforts as well as the
proposals to ensure consistency in reported data between similar
products. (AHAM, No. 16 at p. 1)
AHRI commented that it was largely supportive of the changes
proposed in the September 2023 CCE NOPR, but also had several
recommendations for improvement and clarification regarding proposed
certification requirements. (AHRI, No. 18 at p. 2)
Rheem commented that as an active member of AHRI, it shares several
of the concerns noted in AHRI's comments. (Rheem, No. 15 at p. 1)
Carrier generally supported the September 2023 CCE NOPR regarding
certification and labeling requirements and enforcement provisions for
certain consumer products and commercial equipment, with certain
modifications. Carrier also stated that having these requirements
provides predictability for manufacturers and valuable information for
consumers. (Carrier, No. 12 at p. 1)
AHRI commented requesting DOE to update AHRI's address at 10 CFR
429.4(c) to 2311 Wilson Blvd., Suite 400, Arlington, VA 22201 and added
that the phone number and web address remain the same as currently
listed in the CFR. (AHRI, No. 18 at p. 13)
DOE is aware of the error and will update AHRI's contact
information in a separate rulemaking that amends the materials
incorporated by reference at 10 CFR 429.4(c).
1. Rulemaking Process
AHRI commented that review of the September 2023 CCE NOPR raised
some questions regarding the process DOE relied upon for establishing
certification requirements. Specifically, AHRI provided some
suggestions to bring reliability and timeliness to the certification,
compliance, and enforcement process and urged that DOE consider issuing
a proposal to seek stakeholder feedback on the establishment of a CCE
process rule. (AHRI, No. 18 at p. 2) AHRI commented that a general
review of the certification and enforcement process would help
establish certainty and predictability for all stakeholders. AHRI
requested that DOE initiate a rulemaking to develop procedures,
interpretations, and policies for consideration of new or revised
certification and enforcement rulemakings for consumer products and
certain commercial/industrial equipment. AHRI commented that a
``process rule'' for certification and compliance is as important and
necessary to manufacturers and certification bodies as the development
of test procedures and energy conservation standards. (AHRI, No. 18 at
p. 4)
AHRI commented that stakeholders need certification and enforcement
changes proposed more closely to the publication of the final rule and
with appropriate time to implement template changes for compliance.
AHRI commented that the September 2023 CCE NOPR included several
products where the trigger for the compliance and enforcement changes
was over 19 months ago. (AHRI, No. 18 at p. 4)
AHRI noted that manufacturers are required to comply with an
amended test procedure within 180 days of DOE publishing a final rule
in the Federal Register. AHRI commented that for such rulemakings, DOE
should publish a proposed certification and enforcement rulemaking
within 30 days of the test procedure final rule with a final
certification and enforcement rulemaking published within 90 days of
the test procedure final rule. This timeline, AHRI noted, would allow
30 days for stakeholder feedback to the proposed certification and
enforcement rule; 30 days for DOE to incorporate changes and pre-
publish a final rule; and 90 days for stakeholders to implement and
comply with the changes. (AHRI, No. 18 at p. 5)
Carrier commented that many of the reporting changes in the
September 2023 CCE NOPR are the result of test procedure or energy
conservation standards rulemakings completed in 2022 with compliance
dates that are approaching. Carrier requested that in future
rulemakings, DOE publish the associated certification rulemaking NOPR
as close as possible to the test procedure and energy conservation
standards final rules, ideally within 30 days of final rule issuance to
allow time for third-party certification bodies (such as AHRI) and
manufacturers to make necessary changes to their systems before
compliance is required. Carrier said this would cut down on undue
expenses, potential error, and unnecessary rework. (Carrier, No. 12 at
p. 2)
DOE recognizes the concerns regarding the timing of certification
amendments with respect to test procedure and energy conservation
standard amendments. DOE notes that conducting individual certification
rulemakings for each product would result in many more rulemaking
notices, which would create substantially more administrative burden
for commenters with interests in multiple covered products and
equipment. In this case, DOE would have needed to publish over 40
separate rulemaking documents if it were to conduct a separate
certification rulemaking for each of the product and equipment
categories considered in this document. Nonetheless, DOE will continue
to evaluate its process for conducting certification rulemakings, while
meeting its statutory and regulatory requirements.
AHRI commented that consideration must be given to how and when
templates are updated because the timing of template changes impacts
not only manufacturers, but also AHRI's certification program. (AHRI,
No. 18 at p. 3) AHRI stated that while DOE typically provides 3-to-5
years of lead time before compliance is required, sometimes compliance
can be required in as little as 18 months. The commenter stressed that
adequate lead time is necessary for the transition to new test
procedures and new standards. AHRI commented that it is also necessary
to have certification and enforcement rules and templates issued and
finalized expeditiously and on a reasonable and predictable schedule,
in order for manufacturers to be able to collect necessary data.
Consequently, AHRI recommended that DOE issue full draft templates,
rather than just column headers and product group codes. Additionally,
AHRI stated that clear identification of new or modified

[[Page 82005]]

information would also be helpful to assist stakeholders when reviewing
templates or even column headers, noting that stakeholders should not
be required to presume what the compliance requirements are. (AHRI, No.
18 at p. 4)
In response, DOE issues template column headers and product group
codes to assist submitters in preparing for the upcoming template
revisions. Because certification reporting requirements may change
between the NOPR and final rule, DOE issues templates only at the
completion of the final rule to avoid confusion and mitigate burden.
Issuing full draft templates that cannot be submitted for compliance
purposes may cause confusion amongst certifiers. Further, certifiers
would need to review the final version of the template, as there may be
modifications not incorporated in the draft template, which increases
the potential for invalid certification reports and require certifiers
to re-submit using the correct templates, thereby increasing burden on
certifiers.
2. Compliance Timeline
Rheem commented requesting DOE to clarify the required filing date
for each of the products/equipment covered by this rulemaking, such as
by including a table in the final rule that clearly states the required
filing date for each product class. (Rheem, No. 15 at pp. 1-2)
AHRI commented that in future rules, special consideration should
be given to situations where publication of the proposed and final
certification and enforcement rulemaking is close to the first time or
annual certification requirement for the products or equipment. AHRI
stated concern that template releases for equipment with first time
compliance deadlines or annual reporting requirements in the spring of
2024 may be in jeopardy resulting from the timing of the September 2023
CCE NOPR, and ultimately the final rule publication. (AHRI, No. 18 at
p. 6)
AHRI recommended that DOE finalize this rulemaking and publish
templates no later than January 2, 2024, which would allow stakeholders
to have final templates 120 days prior to the spring 2024 first-time
compliance and annual reporting deadlines. (AHRI, Public Meeting
Transcript, No. 6 at pp. 5-6; AHRI, No. 18 at p. 6)
AHRI commented that annual reporting should not be required within
120 days of publication of a new certification and enforcement
rulemaking where templates are revised or impacted. If the
certification and enforcement rulemaking cannot be finalized more than
120 days in advance of the annual reporting deadline, AHRI commented
that the deadline for that year should shift to 120 days after
publication of the final certification and enforcement rule in the
Federal Register. AHRI commented that requiring annual reporting for
any templates revised in closer proximity to the annual reporting
deadline is burdensome to the regulated community. (AHRI, No. 18 at p
7)
In response, DOE has noted the applicable compliance dates for each
of the product or equipment categories that are the subject of this
rulemaking in the following sections and in Table II.1 to section II,
Synopsis of the Final Rule, of this document. For products such as air
cleaners, CRACs, DX-DOAS, three-phase less than 65,000 Btu/h ACUACs and
ACUHPs and three-phase less than 65,000 Btu/h VRF, electric
instantaneous water CWHs, and portable ACs where compliance with new or
amended standards is required prior to the required use date of the
reporting requirement established in this rule and a template is not
currently available to certify compliance, then compliance with the
amended certification requirements would not be required until 210 days
after publication of this rule. DOE notes that compliance with the
amended standards themselves would still be required on and after their
applicable compliance date(s). For products and equipment with existing
standards and existing reporting requirements, if the annual reporting
deadline is prior to the compliance date of this rule (i.e., sooner
than 210 days after publication), the annual reporting requirement can
be met using the current template. Using the revised templates would
not be required until the next annual reporting deadline after the
compliance date of this rule. For products and equipment where
compliance with new or amended standards is required more than 210 days
after publication of this rule, then certification is required by the
compliance date of such standard. Through such approach, DOE seeks to
minimize associated regulatory burden on manufacturers.
DOE notes that the Department strives to finalize certification
templates as expeditiously as possible, in order to provide certifiers
sufficient time to prepare for the compliance dates of any upcoming
amended energy conservation standards. In this case, although the final
templates have not yet been posted for use, DOE has provided
certification template draft column headers and product group codes in
the docket for this rulemaking to assist certifiers in preparation for
the upcoming compliance dates prior to the publication of this final
rule.
3. Collection of Information
AHAM commented that DOE stated in several places of the September
2023 CCE NOPR an intention to collect data which AHAM deems unnecessary
to demonstrate compliance with energy conservation standards. AHAM
stated DOE should ensure that its information collections are
restricted to data necessary for this purpose, and if DOE wishes to
collect data for future energy conservation standards rulemaking
efforts or for its own information, DOE should collect that data
through its energy conservation standard rulemaking process and not
through the certification, compliance, and enforcement process. (AHAM,
No. 16 at p. 1;AHAM, No. 19 at p. 2)) AHAM commented that many of the
proposals in the September 2023 CCE NOPR go beyond the types of
information currently collected under 10 CFR 429.14 to 10 CFR 429.63,
which are more directly related to demonstrating compliance with
standards. (AHAM, No. 16 at p. 2)
AHRI commented that DOE must limit the energy efficiency or energy
use information required in certification reports to that which is
truly necessary to determine compliance with the test procedure,
labeling, and energy efficiency standards. AHRI commented that anything
beyond that would fall outside of the information DOE is authorized to
collect, and results in an undue burden on manufacturers because it
creates a real cost to vet and verify information unrelated to the
covered product's compliance with energy conservation standards, which
on its face fails the requirement of 42 U.S.C. 6296(d) that DOE collect
only necessary data in a manner designed to minimize unnecessary
burdens on manufacturers. (AHRI, No. 18 at p. 3)
In response, section 326(d) of EPCA states that the Secretary may
require manufacturers to submit information or reports to DOE with
respect to energy efficiency or energy use as the Secretary determines
may be necessary to establish and revise test procedures, labeling
rules, and energy conservation standards for such products and to
ensure compliance with requirements of this part. (42 U.S.C.
6296(d)(1)) This express statutory language provides DOE with the
authority to require manufacturers to submit information pertaining to
the energy efficiency or energy use where it is necessary when
establishing or revising its standards or test procedures, as well as
to ensure

[[Page 82006]]

compliance. As such, DOE disagrees with AHRI's assessment that DOE must
limit its collection requirements to information needed to determine
compliance.
DOE acknowledges that EPCA states that the Secretary shall exercise
authority under this section in a manner designed to minimize
unnecessary burdens on manufacturers. (42 U.S.C. 6296(d)(2)) However,
where DOE proposed reporting requirements that were not directly
related to compliance with energy conservation standards, the
Department clarifies that the proposed requirements were included to
ensure appropriate application of the test procedure for enforcement
testing conducted by DOE. Additionally, the measurement of these values
and recording of product or equipment characteristics is required when
testing is conducted according to the DOE test procedures. Therefore,
manufacturers should already have this information readily available,
and, thus, the burden on manufacturers would be minimal.
In the September 2023 CCE NOPR, as well as in the product-specific
sections that follow in this document, DOE has provided its reasons in
the September 2023 CCE NOPR for its proposed collection of data and
information. DOE discusses the specific comments and provisions that
have been flagged and asserted by certain commenters to be unnecessary
in the relevant sections that follow. DOE also explains why the
Department has found the data collection to be necessary, to be
required to ensure products and equipment are compliant, and/or to
support DOE's enforcement efforts.
4. Certification Reporting Cost and Burden
Carrier commented that the estimates of the cost and burden of
changes to annual reporting requirements were not adequately considered
in the September 2023 CCE NOPR. Carrier commented that certification
requirements are often established close to the test procedure or
energy conservation standards compliance date, which increases the cost
and burden to manufacturers and third-party certification bodies who
must implement changes in a short amount of time. (Carrier, No. 12 at
pp. 1-2)
BWC commented that adding reporting requirements increases
regulatory burden, which includes examination of the proposal; analysis
of its findings; assessment of manufacturer capabilities to achieve
established objectives in the proposal; internal deliberations about
how/if this can realistically be accomplished; and finally, crafting
and delivering meaningful feedback to DOE. BWC commented that all these
tasks must occur prior to the physical work that takes place to adjust
processes, such as may be required to comply with the September 2023
CCE NOPR. BWC stated that there are several major proposed and final
rulemakings from 2023 alone that impact the products that BWC
manufactures, including the September 2023 CCE NOPR; July 2023 Consumer
Water Heater ECS NOPR (88 FR 49058); June 2023 Consumer Water Heater TP
Final Rule (88 FR 40406); March 2023 Consumer Boiler TP Final Rule (88
FR 15510); and the August 2023 Consumer Boiler ECS NOPR (88 FR 55128).
BWC commented that this list did not include actions undertaken by
States and local jurisdictions as well as ENERGY STAR. BWC commented
urging DOE to take into account the sheer volume of regulatory activity
that faces manufacturers. BWC commented that the accumulation of
regulatory burden increases costs in human and technological resources.
BWC stated that as proposed rules are published and promulgated as
final rules, BWC resources must be allocated and deployed to achieve
compliance within the timelines prescribed in those final rules. (BWC,
No. 13 at pp. 2-3)
The certification reporting requirements adopted in this final rule
ensure consistency with DOE energy conservations standards and test
procedure rulemakings for the subject products or equipment. These
reporting requirements generally pertain to requirements that are
readily available in test reports that manufacturers are required to
use when testing to the DOE test procedure. Further, Carrier and BWC
did not provide any data indicating increased costs to manufacturers
related to reporting. DOE recognizes that certification reporting
requirements may result in costs and manufacturer burden in addition to
those required to comply with new or amended energy conservation
standards or to conduct testing. To the extent that the adopted
certification reporting requirements would impose additional cost and
burden to manufacturers and importers, DOE has discussed these costs in
the product specific sections. DOE also recognizes the effort needed
for stakeholders to review and provide feedback to the many proposals
in the September 2023 CCE NOPR. However, as discussed in section
III.A.1 of this document, DOE notes that conducting individual
certification rulemakings for each product would result in many more
rulemaking notices, which would create substantially more
administrative burden for commenters with interests in multiple covered
products and equipment. In this case, DOE would have needed to publish
over 40 separate notices if it were to conduct a separate certification
rulemaking for each of the product and equipment categories considered
in this document.
AHRI commented that DOE's regulations require certification reports
to be filed for every basic model prior to distribution in commerce,
after initial certification, and after discontinuation, which is a
process that creates onerous obstacles for third-party certification
bodies that represent 90 percent of the regulated market. AHRI
commented it has long advocated for the elimination of the annual
certification requirements for covered products via notice and comment
rulemaking. AHRI commented that this process is unnecessary and imparts
burden without benefit. (AHRI, No. 18 at p. 6)
In response, DOE has determined that its annual certification
requirements provide DOE and consumers with comprehensive, up-to-date
efficiency information and also support effective enforcement. If DOE
were to eliminate its annual certification requirements, DOE would have
no way of ensuring that all of the information available to consumers
in DOE's Compliance Certification Database (``CCD'') \6\ is up-to-date
and certified in accordance with the most recent DOE test procedure.
Occasionally, changes to DOE test procedures do not require revised
certification reporting templates, and the existence of annual
certification requirements ensures that the information available to
consumers is consistently updated without requiring revised
certification templates. Additionally, the elimination of annual
certification requirements would increase the likelihood that
discontinued models would not be removed from the CCD. Accordingly, DOE
is not amending the long-standing annual certification requirement as
part of this final rule.
---------------------------------------------------------------------------

\6\ Certified equipment in the CCD is listed by product class
and can be accessed at <a href="http://www.regulations.doe.gov/certification-data/#q=Product_Group_s%3A*">www.regulations.doe.gov/certification-data/#q=Product_Group_s%3A*</a>.
---------------------------------------------------------------------------

AHRI noted that triennial compliance with the Paperwork Reduction
Act (``PRA'') to templates using OMB Control Number 1910-1400 expires
on September 30, 2024. AHRI commented that submission of new forms for
OMB approval have only changed the version number, OMB control number,
and OMB form expiration date, but this change made to every template

[[Page 82007]]

simultaneously causes substantial burden for certification bodies.
(AHRI, No. 18 at p. 6) AHRI commented suggesting that templates updated
in this rulemaking be submitted to OMB to reduce future template
changes that would just update the version number. AHRI commented DOE
is obligated to consider this and any other recommendations that reduce
the burden of compliance. (AHRI, No. 18 at pp. 6-7)
DOE notes that it revises the template version numbers as part of
the triennial compliance with PRA to ensure that submitters are using
the most up-to-date templates based on the current OMB control numbers.
DOE will evaluate to what extent updates to forms can be limited to
reduce burden on certification bodies.
MJ L commented that requiring more reporting and labeling of
consumer products and commercial equipment is onerous and costly for
the makers. MJ L commented that products would need to be redesigned to
comply to the more stringent new standards, which would make such
products more costly and less useful. (MJ L, No. 11 at p. 1)
DOE notes that this rulemaking is not adopting any amended
standards; it is only adopting certification reporting requirements for
products and equipment consistent with recently amended or newly
established test procedures or energy conservation standards.
5. Calculations for Enforcement Testing
Rheem commented requesting DOE to clarify whether the energy
efficiency standard (``EES'') is rounded when the applicable
certification requirements require rounding while performing
enforcement calculations in 10 CFR 429, subpart C, appendix A. Rheem
provided an example, stating that: an EES of 0.934 may be required as a
result of an EES equation, but certification to the nearest 0.01
percent is required; therefore, a model designed to an EES of exactly
0.934 will need to certify to 0.93, which is below the level produced
by the EES equation. As the compliant model must certify below the EES,
it follows that the EES is actually rounded. (Rheem, No. 15 at p. 8)
DOE determines the applicable energy efficiency standard or energy
conservation standard used in enforcement calculations based on the
product or equipment requirements. When applicable, DOE follows the
same rounding requirements for the relevant metric as specified in the
applicable test procedure requirements at 10 CFR 430.23 or the relevant
product or equipment specific test procedure appendix, the rounding
requirements at 10 CFR 430.32, or the rounding requirements in the
product or equipment specific certification reporting requirements. In
the case of Rheem's example, DOE notes that an EES of 0.934 would also
be rounded to 0.93, and therefore, the rounding would not affect any
compliance determination. DOE may additionally consider further
clarifications to the enforcement calculations in 10 CFR 429, subpart
C, appendix A to address this in a future rulemaking.
6. Comments on Products/Equipment Not Included in the September 2023
CCE NOPR
Although not within the scope of the September 2023 CCE NOPR, AHAM
submitted comments regarding reporting requirements for conventional
cooking tops. Specifically, AHAM requested that DOE indicate in 10 CFR
430.134 that it will use the same measurement equipment for testing gas
cooking tops as were used for certification. (AHAM, No. 16 at p. 10)
AHAM noted that the conventional cooking tops test procedure at 10 CFR
430, subpart B, appendix I1 (``appendix I1'') specifies that
measurement of the gas cooking top burner heat input rate starts 5
minutes after ignition but does not specify an endpoint for this
measurement. (AHAM, No. 16 at p. 9) AHAM stated that the type of
measurement equipment--wet meter, dry meter, or mass flow meter--will
affect the time at which the lab stops the measurement for the burner
heat input rate which in turn can affect the final measured value.
(AHAM, No. 16 at pp. 9-10) AHAM commented that, without clarity in the
enforcement procedures, to ensure compliance upon verification by a
third-party lab or assessment and enforcement testing by DOE,
manufacturers may be compelled to conduct repeated testing using
multiple types of measurement equipment, adding unnecessary burden to
an already burdensome test. AHAM recommended that DOE include in an
enforcement provision that it would use the same measurement equipment
for enforcement testing as was used for certification and acknowledged
that such an enforcement provision would likely require including an
additional reporting requirement about the type of measurement
equipment used for certification: wet meter, dry meter, and mass flow
meter, which AHAM would support. (AHAM, No. 16 at pp. 10-11)
AHAM further commented that, together with other stakeholders, it
filed a petition \7\ requesting that DOE permit an alternative
calculation for the simmer portion of the conventional cooking top test
procedure. AHAM also noted that it submitted joint comments on this
rulemaking docket urging DOE to use the full test for enforcement
purposes. (AHAM, No. 16 at p. 11; see also Joint Stakeholders, No. 17
at p. 2-3)
---------------------------------------------------------------------------

\7\ The docket for this petition is available at
<a href="http://www.regulations.gov/docket/EERE-2023-BT-TP-0006/document">www.regulations.gov/docket/EERE-2023-BT-TP-0006/document</a>.
---------------------------------------------------------------------------

The Joint Stakeholders recommended that DOE adopt the calculation
method AHAM proposed in its petition filed earlier this year for the
simmer portion of the conventional cooking top test procedure as an
alternative to the full simmer test. The Joint Stakeholders urged DOE
to adopt that alternative calculation method together with an
enforcement provision in 10 CFR 429.134 indicating DOE would rely on
the full simmer test in appendix I1. The Joint Stakeholders commented
their intent is that DOE would adopt a new sub-section in 10 CFR
429.134 outlining the same process it uses for enforcement related to
refrigerator/freezer models with two compartments, each having its own
user-operable temperature control. The Joint Stakeholders commented
that for cooking products, they recommend DOE use the simmer portion of
the test in the current appendix I1 before making a determination of
noncompliance with respect to a basic conventional cooking top model.
(Joint Stakeholders, No. 17 at p. 2)
As AHAM noted, cooking products did not fall within the scope of
products covered in the September 2023 CCE NOPR. (AHAM, No. 16 at p. 8)
As such, DOE has neither proposed certification or enforcement
provisions for conventional cooking products in the September 2023 CCE
NOPR, nor has it considered adopting reporting requirements for
conventional cooking products as part of this rulemaking. DOE has also
not finalized any determination regarding AHAM's petition for use of
the calculation approach. DOE may consider proposals to adopt
certification and reporting requirements for conventional cooking
products under a separate rulemaking.
Additionally, AHAM recommended that DOE should establish
requirements for clothes dryers similar to the RCW amendments proposed
in the September 2023 CCE NOPR, along with test procedure requirements
related to the test cloth, which AHAM stated it would suggest to DOE in
the near future. (AHAM, No. 16 at p. 4)
Similarly, DOE did not propose certification or enforcement
provisions

[[Page 82008]]

for clothes dryers in the September 2023 CCE NOPR. DOE has also not
considered any amendments to its reporting requirements or test
procedures for residential clothes dryers as part of this rulemaking.
DOE may consider proposals to amend the certification and reporting
requirements for residential clothes dryers in a separate rulemaking.
DOE may also consider proposals to amend the test procedure
requirements related to the test cloth in a separate rulemaking.
For consumer water heaters, Rheem requested that DOE amend the
provisions at 10 CFR 429.70(g)(3)(ii) to require that electric
instantaneous water heaters make representations of an untested basic
model's first hour rating (``FHR'') or maximum GPM rating (``Max GPM'')
through testing of the untested basic model that meets the sampling
provisions at 10 CFR 429.11. Rheem noted that while the FHR of an
electric storage water heater may vary little in response to the input
rate, due to the large effect of the already hot water within the
storage tank, the Max GPM will vary greatly with input rate. Rheem
commented that a higher Max GPM is more desirable to a consumer,
creating an incentive to use the alternative certification provisions
to make unrepresentative Max GPM claims. (Rheem, No. 15 at pp. 7-8)
Again, DOE did not propose certification or enforcement provisions
for consumer water heaters in the September 2023 CCE NOPR. DOE has also
not considered any amendments to its reporting requirements for
consumer water heaters as part of this rulemaking. DOE may consider
proposals to amend the certification and reporting requirements for
consumer water heaters in a separate rulemaking.

B. Central Air Conditioners and Heat Pumps

DOE is amending 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
amending the reporting requirements.
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 updating these
requirements to align the reporting requirements with the appendix M1
test procedure and adopt general certification requirements for CAC/
HPs. 88 FR 67458, 67464. DOE discusses these 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, in the September 2023 CCE NOPR,
DOE proposed to include this requirement in the certification template
and requested comment on its proposal. 88 FR 67458, 67465.
AHRI and Carrier commented supporting DOE's proposal to require
reporting of whether a variable speed coil-only rating is based on non-
communicating or communicating control. (AHRI, No. 18 at p. 7; Carrier,
No. 12 at p. 2)
ASAP et al. commented that in the October 2022 CAC/HP Final Rule,
DOE defined variable-speed communicating coil-only central air
conditioner or heat pump and variable-speed non-communicating coil-only
central air conditioner or heat pump but the terms used in the
September 2023 CCE NOPR--``non-communicating control'' and
``communicating control''--are not precisely defined. ASAP et al.
recommended that DOE align the certification language and the
certification template with existing language and recommended to
rephrase ``whether the represented value meets the definition of
variable speed non-communicating coil-only.'' (ASAP et al., No. 14 at
p. 4)
In response to the comment by ASAP et al., DOE notes that ``non-
communication control'' and ``communicating control'' are defined
within the definitions of ``variable-speed communicating coil-only
central air conditioner or heat pump'' and ``variable-speed non-
communicating coil-only central air conditioner or heat pump,''
respectively, as finalized in the October 2022 CAC TP Final Rule, at
section 1.2 of appendix M1. However, to better align with these
definitions, DOE is slightly modifying the proposed reporting
requirement to state, ``whether the represented value is based on a
non-communicating or communicating control system.''

[[Page 82009]]

For the reasons discussed in the preceding paragraphs and the
September 2023 CCE NOPR, DOE is adopting reporting requirements for
reporting of whether a variable speed coil-only rating is based on a
non-communicating or communicating control system with the additional
clarification of adding the word ``system.''
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, in the September 2023
CCE NOPR, DOE proposed that manufacturers include in their
certification whether the system varies blower speeds with outdoor air
conditions and requested comment on its proposal. 88 FR 67458, 67465.
Carrier stated its support for DOE's proposal to require reporting
of whether a CAC/HP system varies blower speeds with outdoor air
conditions. However, Carrier commented that responses should be
required for blower coil systems only, and the default response should
be ``No.'' (Carrier, No. 12 at p. 2)
AHRI commented in support of DOE's proposal to require reporting of
whether a CAC/HP system varies blower speeds with outdoor air
conditions. AHRI commented the proposed new column, ``Does the System
Vary Blower Speeds with Outdoor Air Conditions?'' is appropriate. AHRI
additionally recommended that a response must be required for blower
coil systems only, and only if applicable, with a blank field
permissible for all other systems and a default of ``No.'' (AHRI, No.
18 at p. 7)
DOE would like to clarify that DOE intended in its proposal that
manufacturers would fill in the proposed new column to report whether
their CAC/HP system varies blower speeds with outdoor air conditions
only if they report that their unit is a blower coil system, as
indicated in the draft certification template columns published along
with the September 2023 CCE NOPR in the docket for this rulemaking.
This approach is consistent with the recommendations from commenters.
For the reason discussed in the preceding paragraph and the
September 2023 CCE NOPR, DOE is adopting reporting requirements for
reporting of whether a CAC/HP blower coil 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.\8\ To correct this discrepancy, in the
September 2023 CCE NOPR, DOE proposed 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. 88 FR 67458, 67465. DOE requested
comment on its proposal. Id.
---------------------------------------------------------------------------

\8\ Appendix D now contains the sampling plan for enforcement
testing of Uninterruptible Power Supplies.
---------------------------------------------------------------------------

Carrier commented in support of DOE's proposal to correct the
sampling provisions for CAC/HPs to reference appendix A instead of
appendix D. (Carrier, No. 12 at p. 2)
AHRI also commented in support of DOE's proposal to correct the
sampling provisions for CAC/HPs to reference appendix A instead of
appendix D, but only under the condition this is a reference change.
(AHRI, No. 18 at p. 7)
For the reasons discussed in the preceding paragraphs and the
September 2023 CCE NOPR, DOE is adopting the corrections to sampling
provisions as proposed in the September 2023 CCE NOPR. This change
updates the reference as described, but does not change the
calculations.
2. Reporting Costs and Impacts
As discussed, in the September 2023 CCE NOPR, DOE proposed aligning
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. 88 FR 67458, 67465. The proposed
certification requirements in the September 2023 CCE NOPR specifically
addressed new provisions in this amended version of the appendix M1
test procedure, use of which was required beginning on April 24, 2023.
Id.
In the September 2023 CCE NOPR, DOE tentatively determined that the
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 proposed to collect as part of that
rulemaking. DOE stated that it did not believe the revised reporting
requirements would cause any appreciable change in reporting burden or
hours as compared to what CAC/HP manufacturers are currently doing
today. Id.
AHRI commented that if DOE adopted its recommendations regarding
CAC/HPs, AHRI would not expect significant additional burden or cost
for manufacturers associated with the amendments proposed for CAC/HPs.
AHRI noted that implementing amendments to templates does come at a
cost and burden to third-party certification bodies that AHRI willingly

[[Page 82010]]

bears for the benefit of manufacturers, regulators, and users. AHRI
commented it would appreciate a more streamlined and predictable
process. (AHRI, No. 18 at p. 7)
AHRI did not provide any data indicating increased costs to
manufacturers related to reporting. The reporting requirements for CAC/
HPs would be accomplished using the existing online data templates in
DOE's CCMS, which DOE does not expect to be any more burdensome than
reporting under the existing template. Based on the preceding
discussion and the discussion in the September 2023 CCE NOPR, DOE makes
a final determination that these amendments would not cause any
measurable change in reporting burden or hours for CAC/HP manufacturers
as compared to what they are currently doing today.
For the reasons discussed in the prior paragraphs and in the
September 2023 CCE NOPR, in this final rule DOE is adopting the
reporting requirements for CAC/HPs as proposed, with the additional
clarification of adding the word ``system'' to the requirement to
report whether a variable speed coil-only rating is based on a non-
communicating or communicating control system. Compliance with these
amended reporting requirements is not required until the next annual
certification report filing date on or after 210 days after publication
of this final rule.

C. Dishwashers

DOE is amending 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 amending 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.\9\ 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 or
Cascade with the Grease Fighting Power of Dawn was used as the
detergent formulation. 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, when certifying dishwashers other than water
re-use dishwashers, the following requirements are 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) and (B).
---------------------------------------------------------------------------

\9\ American National Standards Institute/Association of Home
Appliance Manufacturers DW-1-2010: Household Electric Dishwasher.
---------------------------------------------------------------------------

DOE is updating the dishwasher certification reporting requirements
and aligning the reporting requirements with the amended test procedure
at appendix C1 and the new test procedure at appendix C2. Use of
appendix C2 is required when determining compliance with the amended
energy and water conservation standards adopted in a direct final rule
published in the Federal Register on April 24, 2024. 89 FR 31398.
Accordingly, the certification reporting requirements that are specific
to appendix C2 are required to demonstrate compliance with those
amended energy and water conservation standards. DOE discusses the
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 \10\ to the capacity of a
dishwasher in number of place settings. In the September 2023 CCE NOPR,
DOE proposed to exclude this reference in the dishwasher reporting
requirements at 10 CFR 429.19 because this industry standard is now
obsolete. 88 FR 67458, 67466. 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). DOE also proposed 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. Id. DOE requested comment on its
proposal to remove this reference in the dishwasher reporting
requirements. Id.
---------------------------------------------------------------------------

\10\ Household Electric Dishwashers. ANSI/AHAM DW-1-2010. ANSI
approved Sept. 18, 2010.
---------------------------------------------------------------------------

ASAP et al. commented that it was appropriate for DOE to remove the
reference to the now obsolete ANSI/AHAM DW-1-2010 standard from the
reporting requirements for dishwashers. ASAP et al. noted that the
capacity in number of place settings remains a reporting requirement,
however, ``place settings'' is not defined in either 10 CFR 429.19 or
appendices C1 or C2 (or references therein). ASAP et al. recommended
that DOE should ensure that ``place settings'' is defined in the CFR.
ASAP et al. additionally noted that ``kilowatt hours'' was not
consistently hyphenated or not hyphenated in 10 CFR 429.19. (ASAP et
al., No. 14 at p. 4)
DOE notes that section 2.3 of appendix C1 and section 2.4 of
appendix C2 specify the test load items

[[Page 82011]]

through reference to section 2.7.1 of AHAM DW-1-2020,\11\ which
additionally references section 3.4 of AHAM DW-2-2020 \12\ that
specifies the items included in a place setting. As such, given this
reference to ``place settings'' in appendix C1 and appendix C2, DOE is
not making any changes to the reporting requirements at 10 CFR 429.19
to include a definition for place settings.
---------------------------------------------------------------------------

\11\ Uniform Test Method for Measuring the Energy Consumption of
Dishwashers. AHAM DW-1-2020.
\12\ Household Electric Dishwashers. AHAM DW-2-2020.
---------------------------------------------------------------------------

Additionally, in response to the comment from ASAP et al. noting
that ``kilowatt hours'' was not consistently hyphenated or not
hyphenated, DOE is updating the amended requirements in 10 CFR
429.19(b)(3)(v) to remove the hyphen from ``kilowatt-hours.''
For the reasons discussed in the preceding paragraphs and September
2023 CCE NOPR, DOE is adopting the proposal to remove ANSI/AHAM DW-1-
2010 from the referenced industry standard in 10 CFR 429.19(b)(2) and
the list of materials incorporated by reference at 10 CFR 429.4. DOE is
also making minor corrections to remove the hyphen from ``kilowatt-
hours.''
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, 3237. To ensure that the certification template is
consistent with the tested cycle requirements specified in appendix C2,
DOE proposed in the September 2023 CCE NOPR 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.
88 FR 67458, 67466. Further, DOE proposed 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. Id. 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. Id. DOE requested comment on its proposal. Id.
The CA IOUs recommended that DOE make cycle setting information for
dishwashers publicly available. (CA IOUs, No. 8 at p. 2) The CA IOUs
stated that understanding the cycle setting would aid the public in
comparing dishwashers based on the mode of operation used for the
energy-efficiency results reported to DOE, allowing consumers to attain
similar savings. (Id.) The CA IOUs stated that if DOE deems the cycle
setting information to be confidential, DOE must at the very least
disclose whether the test was conducted using the normal cycle or
energy-intensive cycle. The CA IOUs commented that this information
could be an automatic output from the cycle setting information that
DOE proposes to collect confidentially. (Id.)
The test procedure at appendix C2 specifies a minimum cleaning
index threshold of 70 as a condition of a valid test cycle. If the
normal cycle does not meet this threshold value at any soil load, then
appendix C2 specifies that that soil load must be tested on the most
energy-intensive cycle. 10 CFR part 430, appendix C2, section 4.1(c).
As such, for any dishwasher that is manufactured after April 23, 2027,
the compliance date of amended standards, the rated values of energy
and water consumption would be reflective of the cycle type at which
the unit met the minimum cleaning index threshold. For example, if a
unit does not achieve the cleaning index threshold on the normal cycle
and was rated at the most energy-intensive cycle, from the consumer's
perspective, such a dishwasher would consume the maximum amount of
energy, reflective of its rated value, or less energy if consumers
choose any other cycle. Similarly, if a dishwasher achieves the
cleaning index threshold on the normal cycle, from the consumer's
perspective such a dishwasher would be expected to deliver the desired
cleaning performance at the cycle recommended for daily, typical, or
regular use. For these reasons, DOE is not requiring public reporting
of the cycle setting information for dishwashers.
The CA IOUs commented requesting DOE to require the certification
reports for dishwashers to include the total water heating energy
consumption publicly so consumers can make informed purchasing
decisions based on their water heater type. The CA IOUs stated that
different water heater recovery efficiencies are used when calculating
a consumer dishwasher's estimated annual operating costs, but they are
not used to calculate annual energy use, which instead relies on the
assumption that the dishwasher is operating with an electric resistance
water heater. The CA IOUs provided data comparing energy and water use
of dishwashers with an electric resistance water heater and heat pump
water heater and commented that the dishwasher test procedure in
appendix C2 does not accurately estimate the water energy, total
energy, and product rank order for consumers who own a heat pump water
heater. The CA IOUs recommended that DOE require manufacturers to
publicly report the total water heating energy consumption value, which
would allow consumers and consumer product research organizations to
analyze a dishwasher's potential annual energy use when paired with
different water heating systems and which can be accessed from test
reports without significantly increasing testing or reporting burden.
The CA IOUs commented that this information would assist consumers in
determining the most efficient dishwasher for their water heating
system. (CA IOUs, No. 8 at pp. 2-4)
In response, DOE notes that the estimated annual energy use is
calculated assuming that the dishwasher is operating with an electric
resistance water heater because the current standards for dishwashers
were developed using dishwasher energy consumption only with electric
resistance water heaters. From the data presented by the CA IOUs, DOE
notes that while the water heater efficiency impacts water heating
energy consumption, and, therefore, overall machine energy consumption,
it is just one of the aspects that contributes to water heating energy
consumption. The water heating energy consumption for a given
installation depends on the overall water consumption of the
dishwasher, whether the dishwasher is connected to hot or cold water,
the water heater type, and the hot water temperature setting. Of these,
water consumption of dishwashers is already a reported value (in
gallons per cycle). Consumers making decisions based on water heating
energy consumption can do so based on these factors by choosing to
calculate water heating energy consumption based on the dishwasher test
procedure at appendix C1 and appendix C2 via reference to AHAM DW-1-
2020.
Therefore, even if reporting water heating energy consumption would
not increase testing or reporting burden, DOE does not believe
reporting this metric is required because it is directly related to the
already reported value of water consumption. Accordingly, DOE is not
including the requirement to

[[Page 82012]]

report water heating energy consumption at this time.
For the reasons discussed in the preceding paragraphs and the
September 2023 CCE NOPR, DOE is adopting these amendments as proposed
in the September 2023 CCE NOPR.
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 proposed to add a confidential
reporting requirement for the cleaning index of the sensor heavy
response, sensor medium response, and sensor light response test cycles
in the September 2023 CCE NOPR. 88 FR 67458, 67467. DOE additionally
proposed that the reported cleaning index for each basic model must be
the average cleaning index of the individual test units at each soil
level. Id. 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. Id. DOE
requested comment on its proposals. Id.
During the NOPR public meeting, AHAM noted that the dishwasher test
procedure at appendix C2 requires a cleaning index threshold of 70 at
each soil load for a valid test. AHAM stated that it would like to
understand DOE's reasoning to require reporting of an average cleaning
score rather than a yes/no question of whether the unit met the
threshold. (AHAM, Public Meeting Transcript, No. 6 at pp. 12-13) In
written comments, AHAM commented that it opposes DOE's proposed
requirement to report average cleaning index scores, as this
information has no practical utility in the context of currently
applicable dishwasher standards and test procedures and exceeds typical
test procedure reporting requirements. (AHAM, No. 9 at p. 2; AHAM, No.
16 at p. 2) AHAM commented that the January 2023 DW Final Rule stated
that each tested cycle on each individual unit is required to achieve
the applicable cleaning index threshold to constitute a valid test
cycle, while in the September 2023 CCE NOPR, DOE proposes a
confidential reporting requirement for the cleaning index of the sensor
heavy response, sensor medium response, and sensor light response test
cycles. AHAM commented that the test procedure at appendix C2 would
require a cleaning index score of over 70 for a test cycle to be valid,
and questioned why DOE would need to record specific test scores from
manufacturers since any score greater than or equal to 70 is acceptable
to have a valid test and the actual score is inconsequential. AHAM
stated that the test procedure does not require reporting of the
average cleaning score, so DOE's proposed requirement has no relation
to determining whether the performance threshold has been met. AHAM
commented that DOE does not collect data in many valid tests and cited
the example of refrigerator manufacturers not needing to report ambient
temperatures and clothes dryer manufacturers not reporting the final
remaining moisture content despite the test requirement that a final
remaining moisture content of 2 percent or below be achieved for a
valid test. AHAM commented that manufacturers need only ensure that
they meet the test procedure's 2 percent requirement. AHAM commented
that if DOE wants individual scores for future consideration of amended
energy conservation standards for dishwashers, DOE is obligated to
collect such data as would be needed for those standards within the
scope of such a rulemaking, or through a request to AHAM or its
members, but not in the scope of the September 2023 CCE NOPR. AHAM
commented that the cleaning index scores do not have practical utility
in the context of currently applicable standards and test procedures
because they are unnecessary to demonstrate compliance with standards;
instead, having a cleaning index score meeting the minimum threshold is
required for a valid test. (AHAM, No. 16 at pp. 2-3)
As stated, appendix C2 requires a cleaning index greater than or
equal to 70 to have a valid test cycle. 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. DOE
notes that the test procedure at appendix C2 does not require reporting
of the average cleaning index because: (a) the test procedure does not
specify any reporting requirements, and (b) the test procedure
specifies testing instructions for a single test unit.
Further, DOE has determined that reporting of the tested cleaning
index is appropriate to ensure correct application of the test
procedure requirements because it would ensure that manufacturers are
recording the appropriate data when testing and reporting consistent
with the appendix C2 requirements (i.e., a cleaning index greater than
or equal to 70). DOE has determined that this reporting would better
ensure the appropriate application of appendix C2 and the sampling
requirements as compared to a yes/no field. Manufacturers would be
required to measure and report the cleaning index as part of any
appendix C2 testing.
In regard to AHAM's comment that DOE must collect this information
in a test procedure or standards rulemaking process, DOE explained in
section III.A.3 of this document that it has the authority to require
manufacturers to submit information that would be necessary to
establish test procedures or standards. As stated, reporting of the
cleaning index threshold would ensure that the test procedure at
appendix C2 is conducted correctly for the purposes of certifying
performance, particularly as it pertains to ensuring that the tested
and reported cycle meets the cleaning index threshold specified in
appendix C2. DOE does not expect this reporting requirement to be
unduly burdensome because the cleaning index will be calculated and
recorded for each tested cycle as part of conducting the test under
appendix C2.
For the reasons discussed in the preceding paragraphs and the
September 2023 NOPR, DOE is adopting the confidential reporting
requirement for the cleaning index of the sensor heavy response, sensor
medium response, and sensor light response test cycles when testing
according to appendix C2 as proposed in the September 2023 CCE NOPR.
Additionally, as proposed in the September 2023 NOPR, DOE is specifying
that the reported cleaning index for each basic model much be the
average cleaning index of the individual test units at each soil level.
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

[[Page 82013]]

65629, 65629-65630. (Case No. DW-11).\13\
---------------------------------------------------------------------------

\13\ 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, in the September 2023 CCE NOPR, DOE proposed 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. 88 FR 67458, 67467. These reported values would be
used in equations to account for the extra water and energy associated
with water re-use systems. Specifically, DOE proposed 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. Id. DOE requested comment on these proposals.
Id.
The CA IOUs commented that DOE should make publicly available the
energy and water use from drain-out and clean-out events. The CA IOUs
stated that understanding the energy and water consumption from drain
out and clean out events would help stakeholders identify efficiency
improvements and allow consumers to understand types of dishwasher use
that would change their product's expected water and energy
consumption. (CA IOUs, No. 8 at p. 2)
In response, DOE notes that it is not requiring that the energy and
water use from drain-out and clean-out events be reported publicly
because these metrics would not add any value to a consumer's decision-
making, as the reported energy and a water use of water re-use system
dishwasher would already include the energy and water use associated
with a drain out or clean out event and, thus, not change a
dishwasher's expected water and energy consumption compared to the
rated values.
AHAM opposed DOE's proposal 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. (AHAM, No. 9 at p. 2;
AHAM, No. 16 at p. 3) AHAM commented that it opposed this proposal
because these values are not necessary to demonstrate compliance with
standards. AHAM commented that the energy and water use of a product is
captured in the final test result, and this proposed additional
requirement places an unnecessary reporting burden on manufacturers
without a corresponding benefit. AHAM commented that the reporting of
energy and water use associated with drain out and clean out events
does not have practical utility and the burden is not justified by the
usefulness of the data as is required by PRA. (AHAM, No. 16 at pp. 3-4)
DOE previously determined that the energy and water use associated
with drain out or clean out events are needed to provide a
representative measure of the energy and water use of dishwashers with
water re-use systems (see Whirlpool waiver).\14\ DOE notes that the
impact of a water re-use system during normal use is captured in the
DOE test procedure (both appendix C1 and appendix C2), but drain out
and clean out events require separate consideration as they are not
necessarily captured during the sequence of test cycles conducted as
part of the DOE test procedure. DOE proposed this requirement because
these values are necessary to determine the final machine energy
consumption and water consumption if DOE were to conduct an enforcement
test. As such, DOE's proposal to confidentially report the energy and
water use associated with a drain out or clean out event for water re-
use dishwashers is similar to the reporting requirements for any other
information that DOE would require to conduct a test (e.g., the energy
and water use associated with each regeneration of the water softening
system for dishwashers with built-in water softening systems).
---------------------------------------------------------------------------

\14\ 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>.
---------------------------------------------------------------------------

For the reasons discussed, DOE is adopting the additional reporting
requirements for water re-use system dishwashers as proposed in the
September 2023 CCE NOPR.
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).\15\
---------------------------------------------------------------------------

\15\ 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, in the September 2023 CCE NOPR, DOE proposed 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. 88 FR 67458, 67467. 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 requested comment on its proposed
reporting requirements for DWs with built-in reservoirs. Id.
AHAM commented objecting to DOE's proposed requirement for
dishwashers with built-in reservoirs to include reporting of the
reservoir capacity and prewash/main wash fill water volume because
these data points are not needed to demonstrate compliance with
standards. (AHAM, No. 9 at p. 2; AHAM, No. 16 at p. 4) AHAM commented
that DOE has not described how the information would have practical
utility or how the reporting burden would be justified as required by
PRA. AHAM commented that DOE can request records in the event of an
enforcement action. (AHAM, No. 16 at p. 4)
DOE proposed the requirement for dishwashers with built-in
reservoirs to report the reservoir capacity and prewash and main wash
fill water volumes because these values are required to determine the
dishwasher's water consumption and detergent dosage, respectively, if
DOE were to conduct an enforcement test. As such, DOE's proposal to
confidentially report the water consumption and prewash and main wash
fill water volumes is similar to the reporting requirements for

[[Page 82014]]

any other information that DOE would require to conduct a test (e.g.,
the energy and water use associated with each regeneration of the water
softening system for dishwashers with built-in water softening
systems). Additionally, DOE does not expect this reporting requirement
to be unduly burdensome because manufacturers of dishwashers with
built-in reservoirs would already be determining these values to
conduct the test procedure. Therefore, DOE is maintaining its proposal
from the September 2023 CCE NOPR.
For the reasons discussed, DOE is adopting the amendments as
proposed in the September 2023 CCE NOPR.
f. Rounding Requirements
In the September 2023 CCE NOPR, DOE proposed 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). 88 FR 67458, 67467. DOE noted that
these rounding requirements were consistent with the existing rounding
requirements for DWs specified at 10 CFR 430.23(c)(2) and 10 CFR
430.23(c)(3), respectively and requested comment on the proposed
rounding requirements. Id.
DOE did not receive any comments on the proposed rounding
requirements for DWs. For the reasons discussed, DOE is adopting the
requirements as proposed in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR, DOE proposed to align the DW
certification reporting requirements with the amended test procedure at
appendix C1, use of which was 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. 88 FR
67458, 67467.
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; (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; and (9) indication
of whether Cascade Complete Powder or Cascade with the Grease Fighting
Power of Dawn was used as the detergent formulation. 10 CFR 429.19
(b)(2)-(3). Additionally, when certifying dishwashers, other than water
re-use dishwashers, according to appendix C1, the following
requirements are 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; and (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)-(B).
In the September 2023 CCE NOPR, DOE noted that under the proposed
amendments, 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 additionally proposed 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. 88 FR 67458, 67468.
In the September 2023 CCE NOPR, DOE tentatively determined that the
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 DW Final Rule. DOE stated that it did
not believe the revised reporting requirements would cause any
appreciable change in reporting burden or hours as compared to what DW
manufacturers are currently doing today. Id.
DOE did not receive any comments on the certification and reporting
costs associated with the proposed reporting requirements for DWs. In
this final rule, DOE makes a final determination that the amendments to
the reporting requirements for DWs would not cause any measurable
change in reporting burden or hours for DW manufacturers.
For the reasons discussed in the prior paragraphs and in the
September 2023 CCE NOPR, in this final rule DOE is adopting the
reporting requirements for DWs as proposed. Compliance with the amended
reporting requirements for appendix C1 is not required until the next
annual certification report filing date on or after 210 days after
publication of this final rule. Compliance with the amended reporting
requirements for appendix C2 is not required until April 23, 2027, the
compliance date of amended energy conservation standards based on the
use of appendix C2.

D. Residential Clothes Washers

DOE is amending the reporting requirements for RCWs, which are a

[[Page 82015]]

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 RCW test procedure final rule published on June 1, 2022
(``June 2022 RCW Final Rule''), DOE amended the existing RCW test
procedure at appendix J2, established a new test procedure at appendix
J, and removed appendix J1. 87 FR 33316. Additionally, on March 15,
2024, DOE published in the Federal Register a direct final rule
adopting amended standards for RCWs based on the new metrics as
measured using appendix J (``March 2024 RCW DFR''). 89 FR 19026.
Consistent with the June 2022 RCW Final Rule and the March 2024 RCW
DFR, DOE is amending the reporting requirements for residential clothes
washers.
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 following: modified energy factor
(``MEF''), capacity, corrected remaining moisture content (``RMC''),
and 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 following:
integrated modified energy factor (``IMEF''), IWF, capacity, RMC, and
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 updating these requirements and specifying new reporting
requirements that will apply to the new appendix J test procedure and
that will be required for certifying compliance with amended standards,
beginning March 1, 2028. DOE discusses these 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
proposed to remove these reporting requirements, as well as requested
comment on the proposed removal of appendix J1 in the September 2023
CCE NOPR. 88 FR 67458, 67468.
DOE did not receive any comments on its proposal to remove
reporting requirements applicable to appendix J1 from 10 CFR
429.20(b)(2)(i). For the reasons discussed in the preceding paragraph
and the September 2023 CCE NOPR, DOE is finalizing this update as
proposed in the September 2023 CCE NOPR.
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 proposed to update the reporting requirement
terminology from ``capacity'' to ``clothes container capacity'' in the
September 2023 CCE NOPR. 88 FR 67458, 67468. DOE requested comment on
its proposed terminology update. Id.
DOE did not receive any comments on its proposal to update
reporting requirement terminology to specify ``clothes container
capacity'' for RCWs. For the reasons discussed in the preceding
paragraph and the September 2023 CCE NOPR, DOE is adopting this
amendment as proposed in the September 2023 CCE NOPR.
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
proposed to require reporting the test cloth lot number used during
certification testing in the September 2023 CCE NOPR. 88 FR 67458,
67469. DOE also proposed that the reported test cloth lot number would
not be public. Id. DOE requested comment on its proposal to require
test cloth lot number to be reported. Id.
AHAM commented in support of DOE's proposal to require reporting of
test cloth lot number to accommodate differences in RMC values and
added that the additional enforcement provision addresses AHAM's
concerns related to the test cloth, including challenges surrounding
certification and reporting requirements. (AHAM, No. 16 at p. 4)
The CA IOUs commented that DOE should make data publicly available
on test cloth lot number for RCWs, asserting that this information
would allow efficiency advocates, consumer representatives, and
academia to investigate DOE's test cloth challenges. (CA IOUs, No. 8 at
p. 2) The CA IOUs commented that disclosure is in the public interest
to overcome information asymmetries in understanding product energy
consumption and identifying and supporting test procedure changes that
better reflect real-world energy use without undue manufacturer burden.
(Id.)
In response to the CA IOUs' comment, DOE notes that test cloth lot
number used for certification would not provide stakeholders with
appropriate means to understand product energy consumption or to make
comparisons of energy use across different cloth types. The use of test
cloth correction factors in the appendix J2 and appendix J test
procedures is designed specifically to ensure the consistency and
representativeness of the final energy and water use values
irrespective of the test cloth lot used. Accordingly, DOE would not
expect any meaningful inferences to be drawn from an analysis of test
cloth lot number and any of the currently certified energy and water
use values. Indeed, requiring the test cloth lot number to be publicly
available could introduce confusion to the consumer (for example by
suggesting or implying that the certified values for each model are
dependent upon the test cloth lot used) or by suggesting or implying
that differences in the test cloth lot number among different basic
models are indicative of differences in performance or other attributes
of each basic model.
To the extent that any technical challenges arise regarding the DOE
test cloth, DOE would address those in a separate rulemaking, as
appropriate. DOE will coordinate with representatives from AHAM,
clothes washer manufacturers, textile manufacturers, test laboratories,
and academia with particular subject matter expertise in DOE test cloth
and other textiles used for similar purposes in considering any
improvements to the DOE test cloth requirements.
Finally, DOE understands that under certain circumstances,
manufacturers may consider details such as the test cloth lot number
used for testing their products to be confidential or sensitive

[[Page 82016]]

business information. For example, patterns in test cloth lot number
data could provide indication of which laboratory conducted
certification testing, or they could provide insights into research and
development strategies--information that manufacturers generally
consider to be trade secrets.
For the reasons discussed in the preceding paragraphs and the
September 2023 CCE NOPR, DOE is adopting its proposal to require the
reporting of the test cloth lot number for RCWs and for the reported
test cloth lot number not to 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 is 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. In the March 2024 RCW DFR, DOE adopted amended standards for
RCWs based on the new metrics as measured using appendix J. 89 FR
19026. Compliance with amended standards will be required beginning
March 1, 2028. Consistent with these new metrics, in the September 2023
CCE NOPR, DOE proposed 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, and requested comment on the proposed
requirements. 88 FR 67458, 67469. These reporting requirements will be
required to demonstrate compliance with the amended 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'') \16\ and water efficiency
ratio (``WER'').\17\ In the September 2023 CCE NOPR, DOE proposed to
require including EER and WER as public information in a certification
report for RCWs tested in accordance with appendix J. 88 FR 67458,
67469.
---------------------------------------------------------------------------

\16\ 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'').
\17\ 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'').
---------------------------------------------------------------------------

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 proposed in the September 2023 CCE NOPR to
specify these same rounding requirements for EER and WER at 10 CFR
430.29(c). 88 FR 67458, 67469.
DOE did not receive any comments on its proposed rounding
requirements for EER and WER at 10 CFR 430.29(c). For the reasons
discussed in the preceding paragraphs and the September 2023 CCE NOPR,
DOE is adopting its proposal for rounding requirements for EER and WER
at 10 CFR 430.29(c) as proposed in the September 2023 CCE NOPR.
Type of Control System
In the March 2024 RCW DFR, DOE re-established a separate product
class and separate performance-based energy conservation standards for
semi-automatic RCWs.\18\ 89 FR 19026. Compliance with these amended
standards will be required beginning March 1, 2028. To distinguish
basic models as either automatic \19\ or semi-automatic for the purpose
of determining whether the current performance-based standards apply,
as well as which energy conservation standards will apply beginning
March 1, 2028, DOE proposed in the September 2023 CCE NOPR 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. 88 FR 67458, 67469.
---------------------------------------------------------------------------

\18\ 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.
\19\ 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.
---------------------------------------------------------------------------

DOE did not receive any comments on its proposal to require
reporting the type of control system (i.e., automatic or semi-
automatic) for RCWs. For the reasons discussed in the preceding
paragraphs and the September 2023 CCE NOPR, DOE is adopting this
requirement as proposed in the September 2023 CCE NOPR.
Other Requirements
For RCWs tested in accordance with appendix J, DOE also proposed in
the September 2023 CCE NOPR to establish public reporting requirements
for RMC, clothes container capacity, and type of loading (i.e., 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. 88 FR 67458, 67469. These reporting
requirements will 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 (i.e., on and after March 1, 2028).
DOE did not receive any comments on its proposal to require
reporting of RMC, clothes container capacity, and type of loading
(i.e., top-loading or front-loading) for RCWs tested in accordance with
appendix J. For the reasons discussed in the preceding paragraphs and
the September 2023 CCE NOPR, DOE is adopting these requirements as
proposed in the September 2023 CCE NOPR.
e. Additional Requirements
In response to the September 2023 CCE NOPR, the CA IOUs suggested
that DOE require public reporting of the weighted average cycle time
and default inactive/off mode power for RCWs at such time as appendix J
is required to be used for compliance. (CA IOUs, No. 8 at p. 5) The CA
IOUs asserted that RCWs with shorter cycle times would have an EER
weighted more heavily toward default inactive/off mode operation than
those with longer cycle times, and that consumers who use a clothes
washer multiple times per week are likelier to prioritize active mode
operation and energy consumption than consumers who run only one load
per week. (Id.) The CA IOUs commented that providing consumers with
information on the average cycle time and default inactive/off mode
power would help them choose the most efficient clothes washer, and
asserted that requiring these values to be reported should not result
in any material increase in reporting burden. (Id.)
As noted by the CA IOUs, DOE does not currently require reporting
weighted average cycle time or default inactive/off mode power and did
not propose to add these requirements in the September 2023 CCE NOPR.
Default inactive/off mode power is measured as part of the appendix
J test procedure to determine the combined low-power mode energy, which
is one

[[Page 82017]]

of several parameters used to calculate EER.\20\ Weighted average cycle
time is calculated as part of the appendix J test procedure and used to
determine the number of annual hours that a clothes washer spends in
low-power modes, which is used to calculate combined low-power mode
energy. Neither weighted average cycle time nor default inactive/off
mode power would need to be reported for DOE to determine compliance
with a standard based on EER. Additionally, these values would not need
to be reported to DOE to ensure appropriate assessment or enforcement
testing, as these values are measured as part of the DOE test
procedure.
---------------------------------------------------------------------------

\20\ EER is calculated in section 4.9 of appendix J as the
weighted average load size divided by the sum of machine electrical
energy, hot water heating energy, estimated drying energy, and
combined low-power mode energy.
---------------------------------------------------------------------------

DOE further notes that since weighted average cycle time and
default inactive/off mode power were not discussed in the September
2023 CCE NOPR, the public did not have an opportunity to consider or
provide comment on the CA IOUs' suggestion to add these reporting
requirements. In this final rule, DOE is finalizing new reporting
requirements for RCWs only for values that are required for determining
compliance (and for other products, for ensuring appropriate assessment
or enforcement testing) and that the public had an opportunity to
comment on through the September 2023 CCE NOPR.
For the reasons discussed in the preceding paragraphs, DOE is not
adopting a reporting requirement for weighted average cycle time or
default inactive/off mode power.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR, DOE proposed to align RCW
certification reporting requirements with the energy conservation
requirements that would be applicable to RCWs tested in accordance with
appendix J. 88 FR 67458, 67469.
Currently, manufacturers report IMEF, IWF, capacity, RMC, loading
type, and cycle selections. In the September 2023 CCR NOPR, DOE noted
that under the proposed amendments, manufacturers would additionally
report test cloth lot number. DOE additionally proposed that 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.
In the September 2023 CCE NOPR, DOE tentatively determined that the
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. 88 FR 67458,
67469. DOE stated that it did not believe the revised reporting
requirements would cause any appreciable change in reporting burden or
hours as compared to what RCW manufacturers are currently doing today
as the proposed amendments are replacement metrics or information that
should be readily available. Id. at 88 FR 67470.
DOE did not receive any comments on the certification reporting
costs of the amendments proposed for RCWs. In this final rule, DOE
makes a final determination that these amendments would not cause any
measurable change in reporting burden or hours for RCWs.
For the reasons discussed in the prior paragraphs, in this final
rule DOE is adopting the reporting requirements for RCWs as proposed in
the September 2023 CCE NOPR. Compliance with the amended reporting
requirements for appendix J2 is not required until the next annual
certification report filing date on or after 210 days after publication
of this final rule. Compliance with the amended reporting requirements
for appendix J is not required until March 1, 2028, the compliance date
of the amended energy conservation standards based on the use of
appendix J.

E. Pool Heaters

DOE is amending 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) \21\ and use an updated efficiency
metric. Id. at 88 FR 34704. Consistent with the May 2023 Pool Heaters
Final Rule, DOE is amending the reporting requirements for consumer
pool heaters.
---------------------------------------------------------------------------

\21\ ``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). In the
September 2023 CCE NOPR, DOE proposed to update these certification
requirements and align them with the energy conservation standards
outlined in the May 2023 Pool Heaters Final Rule. 88 FR 67458, 67470.
DOE additionally proposed general certification requirements for
consumer pool heaters. Id. DOE discusses these 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 \22\
along with the representative value for TE<INF>I</INF> in a separate
rulemaking. Id.
---------------------------------------------------------------------------

\22\ ``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

[[Page 82018]]

NOPR''), DOE addressed comments from 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.
In the April 2022 Pool Heaters NOPR, DOE sought comment on changes
to certification and enforcement requirements. Id. 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, in the September 2023 CCE
NOPR, DOE noted that the water heater certification provisions
referenced by the commenter are specifically for AEDMs (see 10 CFR
429.70(g)(1)). 88 FR 67458, 67470. DOE additionally stated that
manufacturers of consumer pool heaters are not authorized to use AEDMs
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, in the September 2023 CCE NOPR, DOE
did not propose special certification requirements for propane gas-
fired pool heaters. 88 FR 67458, 67470.
For consumer pool heaters, DOE proposed 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) in the September 2023
CCE NOPR. 88 FR 67458, 67470. In the September 2023 CCE NOPR, DOE
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. 88
FR 67458, 67470.
In the September 2023 CCE NOPR, DOE proposed 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.
88 FR 67458, 67470. There are currently no certification requirements
for electric pool heaters. In the September 2023 CCE NOPR, DOE proposed
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. 88 FR 67458, 67470.
The May 2023 Pool Heaters Final Rule will require compliance with
standards using the TE<INF>I</INF> metric; hence, in the September 2023
CCE NOPR, DOE also proposed to require certification of this value. 88
FR 67458, 67470. 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 proposed that the value for TE<INF>I</INF> would be
rounded to the nearest 1 percent for electric pool heaters. Id. In the
September 2023 CCE NOPR, DOE additionally noted that because
manufacturers of gas-fired pool heaters must still ensure that these
products comply with the current TE standards at 10 CFR 430.32(k),
until compliance with new TE<INF>I</INF> standards is mandatory,
therefore, DOE was maintaining the requirement for certifying TE of
gas-fired pool heaters for products that must comply with TE standards.
88 FR 67458, 67470-67471. DOE stated that 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. 88 FR 67458, 67471. DOE requested comment on its proposal
to require the reporting of input capacity, active electrical power,
integrated thermal efficiency, and the proposed rounding requirements.
Id.
Rheem commented in support of DOE requiring the reporting of input
capacity, active electrical power, and integrated thermal efficiency,
all of which, it noted, are necessary to determine compliance with the
recently amended energy conservation standards. However, Rheem
recommended that DOE explicitly state the required certification date
for both electric and gas-fired pool heaters in the final rule. Rheem
commented that its understanding is that gas-fired pool heaters must be
filed by May 1, 2028, and comply with the energy conservation standards
currently in effect, then re-filed by May 30, 2028, with models
complying with the amended standards. Rheem commented it also
understands for electric pool heaters, the initial filing date would be
May 30, 2028. (Rheem, No. 15 at p. 2; Rheem, Public Meeting Transcript,
No. 6 at pp. 16-17)
In terms of rounding requirements, Rheem commented it currently has
heat pump pool heaters with active electrical power ranging between
1.15-7.6 kW (3,923-25,932 Btu/h) and by the compliance date of the
energy conservation standards rulemaking, Rheem expects models above
and below this range to be available. Rheem commented that the proposed
rounding requirement would result in well over the <plus-minus>5
percent allowed in the enforcement provisions at 10 CFR 429.134(cc).
Rheem further noted that the integrated thermal efficiency standards
that an electric pool heater must meet are based on active electrical
power, and by rounding to the nearest 1,000 Btu/h, large jumps in the
required integrated thermal efficiency are observed. Rheem requested
that DOE reevaluate the active electrical power rounding requirements
for electric pool heaters, as rounding to the nearest 100 Btu/h
resulted in ~5-percent change from the actual active electrical power.
(Rheem, No. 15 at pp. 2-3)
Regarding the required certification dates, DOE clarifies that, as
Rheem stated in its comment, gas-fired pool heater ratings must be
certified to DOE and comply with the energy conservation standards
currently in effect by the required annual certification date of May 1.
Manufacturers may choose to submit certification reports prior to the
annual certification date. Regarding the amended standards compliance
date of May 30, 2028, DOE notes that it makes its best effort to
finalize certification templates to give certifiers sufficient time to
prepare for the compliance dates of any upcoming amended energy
conservation standards. Subsequently, gas-fired pool heaters can be
certified in accordance with the energy conservation standards that
take effect on May 30, 2028 in advance of the May 1 annual filing date
to avoid having to submit multiple certification reports in a brief
period of time. For electric pool heaters, which were only recently
covered by energy conservation

[[Page 82019]]

standards adopted in the May 2023 Pool Heaters Final Rule, the initial
required certification date will be May 30, 2028 (and manufacturers may
similarly choose to submit certification reports in advance of the
required date).
Regarding the rounding requirements proposed in the September 2023
CCE NOPR, DOE appreciates Rheem's comments and has reconsidered the
rounding requirements proposed for reporting of active electric power
(``PE''), for electric pool heaters. In the September 2023 CCE NOPR,
DOE proposed that PE be reported and rounded to the nearest 1,000 Btu/
h, in alignment with the reporting and rounding requirements for input
capacity of gas-fired pool heaters. 88 FR 67458, 67470. Energy
conservation standards for pool heaters are set by the integrated
thermal efficiency metric (``TE<INF>I</INF>''), and the efficiency
level is a function of PE for electric pool heaters, and input capacity
for gas pool heaters. Based on its own analysis of the range of PE
values that exist on the electric pool heater market, DOE agrees with
Rheem that rounding PE to the nearest 1,000 Btu/h would result in large
``jumps'' in the required TE<INF>I</INF>, particularly for electric
pool heaters with lower PE values. Furthermore, the product-specific
enforcement provisions for pool heaters state that if the PE value
found during testing deviates from the certified value by more than 5
percent, DOE would use the tested value instead of the certified value
as the basis for calculation of the TE<INF>I</INF> standard. (10 CFR
429.134(cc)(2)(ii)) Therefore, if the certified value is, as a result
of the rounding requirements, necessarily going to deviate from the
actual PE by more than 5 percent, this would mean that the minimum
TE<INF>I</INF> value used by DOE to determine compliance could
consistently be different from the minimum TE<INF>I</INF> value that
would correspond to the product's certification--in other words, there
would be greater uncertainty regarding which minimum TE<INF>I</INF>
value manufacturers must design their products to meet.
DOE has concluded that a tighter input capacity rounding
requirement for electric pool heaters than for gas-fired pool heaters
is justified, due to the fact that, based on DOE's observations, the
median PE for electric pool heaters currently on the market is 17,500
Btu/h whereas the median input capacity for gas-fired pool heaters is
266,000 Btu/h. That is, because the typical PE values for electric pool
heaters are much smaller than the typical input capacity values for
gas-fired pool heaters, it is justifiable for the rounding requirements
for PE to be tighter in order to be more proportional to the ratings
themselves. A rounding requirement of 100 Btu/h, as suggested by Rheem,
allows for a more accurate calculation of the applicable standard for
electric pool heaters (i.e., it reduces the size of the ``jumps'' in
the standard that the commenter had noted). Secondly, the tighter
rounding requirement better ensures the measured PE and the certified
PE remain within 5 percent of each other. Based on DOE research, the
smallest heat pump electric pool heaters on the market today may have
PE values of about 4,000 Btu/h, and a variation in certification due to
rounding to the nearest 100 Btu/h would constitute a deviation of less
than 5 percent, which is the threshold included in 10 CFR
429.134(cc)(2)(ii) for the use of the certified PE value during
enforcement testing. By contrast, a rounding requirement of 1,000 Btu/h
could result in a deviation of over 5 percent. Lastly, DOE has
determined that adopting a rounding requirement of 100 Btu/h for PE
would result in no change in compliance for electric heat pump pool
heaters currently on the market compared to a rounding requirement of
1,000 Btu/h, as these pool heaters are not currently subject to energy
conservation standards.
Therefore, in order to improve the accuracy of the TE<INF>I</INF>
standards calculated based on PE values for electric pool heaters, DOE
adopts a requirement that PE be reported and rounded to the nearest 100
Btu/h in this final rule.
DOE is adopting all other requirements for pool heaters as proposed
in the September 2023 CCE NOPR.
2. Reporting Costs and Impacts
In the September 2023 CCE NOPR, DOE proposed 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. 88 FR 67458, 67471.
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 r

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