Rule2025-04473

Energy Conservation Program: Test Procedures for Central Air Conditioners and Heat Pumps

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
March 20, 2025
Effective
May 20, 2025

Issuing agencies

Energy Department

Abstract

This document further delays the effective date of a recently published final rule amending the test procedures for central air conditioners and heat pumps.

Full Text

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<title>Federal Register, Volume 90 Issue 53 (Thursday, March 20, 2025)</title>
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[Federal Register Volume 90, Number 53 (Thursday, March 20, 2025)]
[Rules and Regulations]
[Pages 13052-13053]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04473]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[EERE-2022-BT-TP-0028]
RIN 1904-AF49


Energy Conservation Program: Test Procedures for Central Air 
Conditioners and Heat Pumps

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

ACTION: Final rule; further delay of effective date.

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SUMMARY: This document further delays the effective date of a recently 
published final rule amending the test procedures for central air 
conditioners and heat pumps.

DATES: As of March 20, 2025, the effective date of the rule amending 10 
CFR parts 429 and 430 published in the Federal Register at 90 FR 1224 
on January 7, 2025, is delayed until May 20, 2025. The incorporation by 
reference approval published at 90 FR 1224 on January 7, 2025, is 
delayed to May 20, 2025.

FOR FURTHER INFORMATION CONTACT: Dr. Pradeep Prathibha, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (240) 255-0630. Email: 
<a href="/cdn-cgi/l/email-protection#c283b2b2aeaba3aca1a791b6a3aca6a3b0a6b193b7a7b1b6abadacb182a7a7eca6ada7eca5adb4"><span class="__cf_email__" data-cfemail="c283b2b2aeaba3aca1a791b6a3aca6a3b0a6b193b7a7b1b6abadacb182a7a7eca6ada7eca5adb4">[email&#160;protected]</span></a>.
    Mr. Pete Cochran, 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#2c5c4958495e024f434f445e4d426c445d02484349024b435a"><span class="__cf_email__" data-cfemail="afdfcadbcadd81ccc0ccc7ddcec1efc7de81cbc0ca81c8c0d9">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: On January 20, 2025, President Trump issued 
the ``Regulatory Freeze Pending Review'' memorandum published in the 
Federal Register on January 25, 2025 (90 FR 8249). This presidential 
action ordered all executive departments and agencies to consider 
postponing for 60- days the effective date of certain rules published 
in the Federal Register for the purpose of reviewing any questions of 
fact, law, and policy that the rules may raise. Additionally, executive 
departments and agencies were to consider opening a comment period to 
allow interested parties to provide comments about issues of fact, law, 
and policy raised by the rules postponed under the memorandum.
    Consistent with the Presidential Memorandum of January 20, 2025, 
the U.S. Department of Energy (``DOE'') delayed the effective date of 
its final rule amending the test procedures for central air 
conditioners and heat pumps (CAC/HP) published in the Federal Register 
on January 7, 2025 (90 FR 1224) to March 21, 2025. 90 FR 9001 (Feb. 5, 
2025). DOE also requested comments on the impacts of a further delay of 
the test procedures as well as legal, factual, or policy issues raised 
by the rule.
    DOE received comments in response to the February 2025 delay of 
effective date from the interested parties listed in Table 1.

[[Page 13053]]



              Table 1--List of Commenters in Response to the February 2025 Delay of Effective Date
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              Commenter(s)                       Abbreviation           Comment No.         Commenter type
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Air-Conditioning, Heating, and            AHRI......................              48  Trade Association.
 Refrigeration Institute.
Robert Bosch LLC........................  Bosch.....................              51  Manufacturer.
Pacific Gas and Electric Company, San     CA IOUs...................              56  Utilities.
 Diego Gas and Electric, and Southern
 California Edison.
Carrier Global Corporation..............  Carrier...................              45  Manufacturer.
Daikin Comfort Technologies North         Daikin....................              57  Manufacturer.
 America Inc Daikin 36 and 40
 Manufacturer.
Fujitsu General America, Inc............  FGAI......................              59  Manufacturer.
GE Appliances...........................  GE Appliances.............              50  Manufacturer.
Johnson Controls........................  JCI.......................              52  Manufacturer.
Appliance Standards Awareness Project,    Joint Advocates...........              55  Advocacy Organizations.
 American Council for an Energy-
 Efficient Economy, National Consumer
 Law Center.
Lennox International Inc................  Lennox....................              46  Manufacturer.
LG Electronics U.S.A., Inc..............  LG........................              54  Manufacturer.
Mitsubishi Electric US..................  Mitsubishi................              47  Manufacturer.
Northwest Energy Efficiency Alliance....  NEEA......................              49  Advocacy Organization.
Rheem Manufacturing Company.............  Rheem.....................              53  Manufacturer.
Trane Technologies......................  Trane.....................              58  Manufacturer.
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    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\1\
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    \1\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
test procedures for CAC/HPs. (Docket No. EERE-2022-BT-TP-0028, 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 at page of 
that document).
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    Several commenters, including CAC/HP manufacturers, stated that DOE 
should not delay the effective date of test procedure.\2\ Specifically, 
these commenters note that the test procedures incorporate latest 
industry standards, which were developed by a broad group of 
stakeholders. Additionally, these commenters assert that the test 
procedure is reasonable designed to measure energy efficiency without 
being unduly burdensome to conduct.
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    \2\ CA IOUs, Doc. No. 56 at 2; Carrier, Doc. No. 45 at 1-2; 
Joint Advocates, Doc. No. 55 at 1; Lennox, Doc. No. 46 at 1; NEEA, 
Doc. No. 49 at 1, 6; Trane, Doc. No. 58 at 2.
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    However, other commenters, also including CAC/HP manufacturers, 
supported delaying the effective date of the test procedure or delaying 
in the enforcement of a specific aspect of the test procedure, the 
controls verification procedure (CVP). These commenters note that the 
CVP is new and that manufacturers need additional time to determine 
whether the tests are accurate and repeatable, as well as not unduly 
burdensome to conduct. (JCI, Doc. No. 52 at 1-2; Bosch, Doc. No. 51 at 
2; LG, Doc. No. 54 at 1). AHRI, the organization that adopted an 
industry standard that included the CVP, recommends that DOE defer the 
effective date of the CVP enforcement provisions until after finalized 
tolerances have been supported by test data. (AHRI, Doc. No. 48 at 2). 
AHRI reports that it is currently analyzing CVP test data collected by 
third-party test laboratories and will work to collect additional data 
during the 2025 certification year. AHRI and others recommend that DOE 
defer enforcing the CVP provisions until after this analysis is 
complete (estimated to be July 2026). (Id.; Bosch, Doc. No. 51 at 2; 
Daikin, Doc. No. 57 at 3; Rheem, Doc. No. 53 at 2). In the alternative, 
commenters suggested that DOE exercise enforcement discretion to delay 
the CVP enforcement provisions. (Daikin, Doc No. 57 at 2; GE, Doc. No. 
50 at 3).
    In addition to concerns related to the consistency and 
repeatability of the CVP test, commenters also expressed concern 
related to the potential regulatory burden. Specifically, Daikin stated 
that, after it tested several models, it determined that CVP will 
require re-design of some existing products. (Daikin, Doc No. 57. at 
4). Daikin also asserted that the cost of conducting CVP tests is a 
heavy burden on manufacturers. (Id.; see JCI, Doc. No. 52 at 2; 
Mitsubishi, Doc. No. 47 at 2).
    DOE is still in the process of reviewing questions of fact, law, 
and policy for this rule. Further, DOE has received significant comment 
related to the accuracy and burden of the test procedure. As such, and 
consistent with the Presidential Memorandum of January 20, 2025, DOE 
further delays the effective date of this rule another 60-days to May 
20, 2025.
    To the extent that 5 U.S.C. 553 applies to this action, it is 
exempt from notice and comment because it constitutes a rule of 
procedure under 5 U.S.C. 553(b)(A) and for which no notice of hearing 
is required by statute. Further, the delay of the effective date to May 
20, 2025, does not affect the compliance date for this rule, which 
remains July 7, 2025. As such, this action is not a ``substantive 
rule'' for which a 30-day delay in effective date is required under 5 
U.S.C. 553(d).

Signing Authority

    This document of the Department of Energy was signed on March 13, 
2025, by Louis Hrkman, Principal Deputy Assistant Secretary for Energy 
Efficiency and Renewable Energy, pursuant to delegated authority from 
the Secretary of Energy. That document with the original signature and 
date is maintained by DOE. For administrative purposes only, and in 
compliance with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on March 13, 2025.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2025-04473 Filed 3-19-25; 8:45 am]
BILLING CODE 6450-01-P


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Indexed from Federal Register on March 20, 2025.

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