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

DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[EERE-2023-BT-CE-0001]

RIN 1904-AF48

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

AGENCY:

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

ACTION:

Notice of proposed rulemaking and announcement of public meeting.

SUMMARY:

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

DATES:

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

ADDRESSES:

Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at

www.regulations.gov

under docket number EERE-2023-BT-CE-0001. Follow the instructions for submitting comments. Alternatively, interested persons may submit comments, identified by docket number EERE-2023-BT-CE-0001, by any of the following methods:

Email: ApplianceStandardsQuestions@ee.doe.gov.

Include the docket number EERE-2023-BT-CE-0001 in the subject line of the message.

Postal Mail:

Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, Mailstop EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 287-1445. If possible, please submit all items on a compact disc (“CD”), in which case it is not necessary to include printed copies.

Hand Delivery/Courier:

Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, 1000 Independence Ave. SW, Washington, DC 20585. Telephone: (202) 287-1445. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies.

No telefacsimiles (“faxes”) will be accepted. For detailed instructions on submitting comments and additional information on this process, see section V of this document.

Docket:

The docket for this activity, which includes

Federal Register

notices, public meeting attendee lists and transcripts (if a public meeting is held), comments, and other supporting documents/materials, is available for review at

www.regulations.gov.

All documents in the docket are listed in the

www.regulations.gov

index. However, not all documents listed in the index may be publicly available, such as information that is exempt from public disclosure.

The docket web page can be found at

www.regulations.gov/docket/EERE-2023-BT-CE-0001.

The docket web page contains instructions on how to access all documents, including public comments, in the docket. See section V for information on how to submit comments through

www.regulations.gov.

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:

ApplianceStandardsQuestions@ee.doe.gov.

Ms. Amelia Whiting, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 586-2588. Email:

Amelia.Whiting@hq.doe.gov.

For further information on how to submit a comment, review other public comments and the docket, or participate in a public meeting (if one is held), contact the Appliance and Equipment Standards Program staff at (202) 287-1445 or by email:

ApplianceStandardsQuestions@ee.doe.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background

A. Authority

B. Background

II. Synopsis of the Notice of Proposed Rulemaking

III. Discussion

A. Central Air Conditioners and Heat Pumps

1. Reporting

2. Reporting Costs and Impacts

B. Dishwashers

1. Reporting

2. Reporting Costs and Impacts

C. Residential Clothes Washers

1. Reporting

2. Reporting Costs and Impacts

D. Pool Heaters

1. Reporting

2. Reporting Costs and Impacts

E. Dehumidifiers

1. Reporting

2. Reporting Costs and Impacts

F. External Power Supplies

1. Reporting

2. Reporting Costs and Impacts

G. Battery Chargers

1. Reporting

2. Reporting Costs and Impacts

H. Computer Room Air Conditioners

1. Reporting

2. Reporting Costs and Impacts

I. Direct Expansion-Dedicated Outdoor Air Systems

1. Reporting

2. Reporting Costs and Impacts

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

1. Reporting

2. Reporting Costs and Impacts

K. Commercial Water Heating Equipment

1. Reporting

2. Reporting Costs and Impacts

L. Automatic Commercial Ice Makers

1. Reporting

2. Reporting Costs and Impacts

M. Walk-In Coolers and Freezers

1. Reporting

2. Reporting Costs and Impacts

3. Labeling

4. Labeling Costs and Impact

N. Commercial and Industrial Pumps

1. Reporting

2. Reporting Costs and Impacts

O. Portable Air Conditioners

1. Reporting

2. Reporting Costs and Impacts

P. Compressors

1. Reporting

2. Reporting Costs and Impacts

Q. Dedicated-Purpose Pool Pump Motors

1. Reporting

2. Reporting Costs and Impacts

R. Air Cleaners

1. Reporting

2. Reporting Costs and Impacts

S. Single Package Vertical Units

1. Reporting

2. Reporting Costs and Impacts

T. Ceiling Fan Light Kits

1. Reporting

2. Reporting Costs and Impacts

U. Additional Corrections

V. Draft Certification Templates for Review

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866, 13563, and 14094

B. Review Under the Regulatory Flexibility Act

C. Review Under the Paperwork Reduction Act of 1995

1. Description of the Requirements

2. Method of Collection

3. Data

4. Conclusion

D. Review Under the National Environmental Policy Act of 1969

E. Review Under Executive Order 13132

F. Review Under Executive Order 12988

G. Review Under the Unfunded Mandates Reform Act of 1995

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

I. Review Under Executive Order 12630

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

K. Review Under Executive Order 13211

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

M. Description of Materials Incorporated by Reference

V. Public Participation

A. Participation in the Webinar

B. Procedure for Submitting Prepared General Statements for Distribution

C. Conduct of the Webinar

D. Submission of Comments

E. Issues on Which DOE Seeks Comment

VI. Approval of the Office of the Secretary

I. Authority and Background

A. Authority

The Energy Policy and Conservation Act, Public Law 94-163, as amended (“EPCA”),

1

authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. (42 U.S.C. 6291-6317) Title III, Part B of EPCA

2

established the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth a variety of provisions designed to improve energy efficiency, while Title III, Part C of EPCA,

3

added by Public Law 95-619, Title IV, section 441(a), established the Energy Conservation Program for Certain Industrial Equipment, which sets forth a variety of provisions designed to improve energy efficiency. These products and equipment include central air conditioners and heat pumps (“CAC/HPs”), dishwashers (“DWs”), residential clothes washers (“RCWs”), pool heaters, dehumidifiers, external power supplies (“EPSs”), battery chargers, computer room air conditioners (“CRACs”), direct-expansion dedicated outdoor air systems (“DX-DOASes”), air cooled, three-phase, small commercial air conditioners and heat pumps with a cooling capacity of less than 65,000 Btu/h and air-cooled, three-phase (“three-phase, less than 65,000 Btu/h ACUACs and ACUHPs”), variable refrigerant flow air conditioners and heat pumps with a cooling capacity of less than 65,000 Btu/h (“three-phase, less than 65,000 Btu/h VRF”), commercial water heating equipment (“CWHs”), automatic commercial ice makers (“ACIMs”), walk-in coolers and walk-in freezers (“walk-ins”), commercial and industrial pumps, portable air conditioners (“portable ACs”), compressors, dedicated-purpose pool pump motors (“DPPPMs”), air cleaners, single package vertical units (“SPVUs”), and ceiling fan light kits (“CFLKs”), all of which are subjects of this document. (42 U.S.C. 6292(a)(3), (6-7), (11), and (20); 42 U.S.C. 6295(u), (cc), and (ff); 42 U.S.C. 6311(1)(A-D), (F-G), (K), and (2)(B)(i)).

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.

The energy conservation program under EPCA consists essentially of four parts: (1) testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. Relevant provisions of EPCA specifically include definitions (42 U.S.C. 6291; 42 U.S.C. 6311), test procedures (42 U.S.C. 6293; 42 U.S.C. 6314), labeling provisions (42 U.S.C. 6294; 42 U.S.C. 6315), energy conservation standards (42 U.S.C. 6295; 42 U.S.C. 6313), and the authority to require information and reports from manufacturers (42 U.S.C. 6316; 42 U.S.C. 6296).

The Federal testing requirements consist of test procedures that manufacturers of covered products and equipment must use as the basis for: (1) certifying to DOE that their products or equipment comply with the applicable energy conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s); 42 U.S.C. 6316(a); 42 U.S.C. 6316(b); 42 U.S.C. 6296), and (2) making other representations about the efficiency of those consumer products or industrial equipment (42 U.S.C. 6293(c); 42 U.S.C. 6314(d)). Similarly, DOE must use these test procedures to determine whether the products or equipment comply with relevant standards promulgated under EPCA. (42 U.S.C. 6295(s); 42 U.S.C. 6316(a); 42 U.S.C. 6316(b); 42 U.S.C. 6296).

EPCA authorizes DOE to enforce compliance with the energy and water conservation standards established for covered products and equipment. (42 U.S.C. 6299-6305; 42 U.S.C. 6316(a)-(b)) DOE has promulgated certification and/or enforcement regulations that include reporting requirements for covered products and equipment including CAC/HPs, DWs, RCWs, pool heaters, dehumidifiers, EPSs, battery chargers, CRACs, three-phase, less than 65,000 Btu/h ACUACs and ACUHPs, three-phase, less than 65,000 Btu/h VRF, CWHs, ACIMs, walk-ins, commercial and industrial pumps, portable ACs, compressors, SPVUs, and CFLKs. DOE is proposing certification and reporting requirements for DX-DOASes, DPPPMs, and air cleaners.

See

10 CFR part 429. Additionally, DOE is amending labeling requirements for walk-ins.

See

10 CFR 431.305. The reporting requirements ensure that DOE has the information it needs to assess whether regulated products and equipment sold in the United States comply with the statutory and regulatory requirements applicable to each covered product and equipment type.

B. Background

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

of any other testing conducted to satisfy the requirements of 10 CFR part 429, 10 CFR part 430, and/or 10 CFR part 431 until 2 years after notifying DOE that a model has been discontinued. 10 CFR 429.71. Certification reports provide DOE and consumers with comprehensive, up-to-date efficiency information and support effective enforcement.

To ensure that all covered products and covered equipment distributed in the United States comply with DOE's energy and water conservation standards and reporting requirements, DOE has promulgated certification, compliance, and enforcement regulations in 10 CFR parts 429 and 431. On March 7, 2011, DOE published in the

Federal Register

a final rule regarding certification, compliance, and enforcement for consumer products and commercial and industrial equipment, which revised, consolidated, and streamlined DOE's existing certification, compliance, and enforcement regulations for certain consumer products and commercial and industrial equipment covered under EPCA.

See

76 FR 12422. Since that time, DOE has completed multiple rulemakings regarding certification, compliance, and enforcement for specific covered products or equipment.

See

79 FR 25486 (the May 5, 2014 Final Rule specific to certification of commercial and industrial heating, ventilation, and air conditioning (“HVAC”), refrigeration, and water heating equipment) and 87 FR 43952 (the July 22, 2022 Final Rule amending certification provisions for CFLKs, general service incandescent lamps, incandescent reflector lamps, ceiling fans, consumer furnaces and boilers, consumer water heaters, DWs, commercial clothes washers, battery charges, and DPPPMs).

Additionally, if the Secretary has prescribed test procedures under section 6314 for any class of covered equipment, the Secretary shall prescribe a labeling rule applicable to such class of covered equipment. See 42 U.S.C. 6315(a). EPCA, however, also sets out certain criteria that must be met prior to prescribing a given labeling rule. Specifically, to establish these requirements, DOE must determine that: (1) labeling in accordance with section 6315 is technologically and economically feasible with respect to any particular equipment class; (2) significant energy savings will likely result from such labeling; and (3) labeling in accordance with section 6315 is likely to assist consumers in making purchasing decisions. (42 U.S.C. 6315(h))

If these criteria are met, EPCA specifies certain aspects of equipment labeling that DOE must consider in any rulemaking establishing labeling requirements for covered equipment. At a minimum, such labels must include the energy efficiency of the affected equipment, as tested under the prescribed DOE test procedure, and may also require disclosure of the estimated operating costs and energy use. (42 U.S.C. 6315(b)) The labeling provisions shall include requirements the Secretary determines are likely to assist purchasers in making purchasing decisions, such as: requirements and directions for the display of the label; requirements for including on any label, or separately attaching to, or shipping with, the covered equipment, such additional information related to energy efficiency, energy use, and other measures of energy consumption, including instructions for maintenance and repair of the covered equipment, as the Secretary determines is necessary to provide adequate information to purchasers; and requirements that printed matter displayed or distributed with the equipment at the point of sale also include the information required to be placed on the label. (42 U.S.C. 6315(c))

II. Synopsis of the Notice of Proposed Rulemaking

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

In this notice of proposed rulemaking (“NOPR”), DOE proposes to update the certification reporting requirements as follows:

(1)

CAC/HP.

Update the CAC/HP certification reporting requirements at 10 CFR 429.16 to reflect the current version of the test procedure at appendix M1 to subpart B of 10 CFR part 430 (“appendix M1”) including test condition information. Correct discrepancies in CAC/HP sampling plan to require using Student's t-Distribution Values from appendix A to subpart B of part 429.

(2)

DW.

Align the DW certification reporting requirements with appendix C1 to subpart B of 10 CFR part 430 (“appendix C1”), and with appendix C2 to subpart B of 10 CFR part 430 (“appendix C2”). Manufacturers must use appendix C1 beginning July 17, 2023. If DOE adopts any amended energy conservation standards based on appendix C2, manufacturers must use appendix C2 beginning on the standards' compliance date. Add reporting requirements specific to the energy and water use for DWs with water re-use systems and built-in reservoirs.

(3)

RCWs.

Remove outdated certification reporting requirements for RCWs pertaining to appendix J1 to subpart B of 10 CFR part 430 (“appendix J1”), which has been removed. Update the existing certification reporting requirements pertaining to appendix J2 to subpart B of 10 CFR part 430 (“appendix J2”) for consistency with test procedure terminology. Add a reporting requirement for test cloth lot used by a manufacturer for testing/certifying to align with RCW enforcement provisions outlined in 10 CFR 429.134(c). Add new certification reporting requirements specific to appendix J to subpart B of 10 CFR part 430 (“appendix J”), use of which would be required at such time as compliance is required with any amended energy conservation standards based on appendix J.

(4)

Pool heaters.

Align pool heater certification reporting requirements with the amended energy conservation standards established in a final rule published on May 30, 2023 (88 FR 34624) to require reporting of thermal efficiency for electric pool heaters and establish new reporting requirements specific to electric pool heaters.

(5)

Dehumidifiers.

Remove outdated certification reporting requirements for dehumidifiers pertaining to appendix X to subpart B of 10 CFR part 430 (“appendix X”), use of which is no longer required.

(6)

EPSs.

Align EPS certification reporting requirements with the amended test procedure at appendix Z to subpart B of 10 CFR part 430 (“appendix Z”), use of which is required beginning February 15, 2023. Add reporting requirements to specify the output cord shipped with the EPS (or the manufacturer's recommended output cord specifications). Update the existing EPS certification reporting requirements to align with the energy conservation standards established in the February 10, 2014 final rule (79 FR 7845), and require output voltage, which is needed to verify the applicable product class. Revise sales reporting requirements for EPSs exempt from energy conservation standards to include the years for which the sales number represents.

(7)

Battery chargers.

Align battery charger certification reporting requirements with appendix Y1 to subpart B of 10 CFR part 430 (“appendix Y1”), use of which would be required for any future amended energy conservation standards for battery chargers.

(8)

CRACs.

Align CRACs certification reporting requirements with amended energy conservation standards established in a final rule published in the

Federal Register

on June 2, 2023 (88 FR 36392) and require submission of a supplemental testing instructions file in PDF format. Establish alternative efficiency determination method (“AEDM”) tolerances for CRAC verification tests for NSenCOP.

(9)

DX-DOAS.

Establish DX-DOAS certification reporting requirements for certifying compliance with the energy conservation standards established in the November 1, 2022 final rule (87 FR 65651), compliance with which is required beginning May 1, 2024. Require submission of a supplemental testing instructions file in PDF format.

(10)

Commercial AC/HPs.

Establish certification reporting requirements for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h VRF aligned with the energy conservation standards established in the final rule published on June 2, 2023 (88 FR 36392), compliance with which would be required beginning January 1, 2025. Correct discrepancies in sampling plan for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h VRF to specify that the Student's t-Distribution Values from appendix A to subpart B of part 429 should be used.

(11)

CWHs.

Align CWH certification reporting requirements with amended energy conservation standards proposed in the May 19, 2022 NOPR (87 FR 30610). Add reporting requirements specific to commercial electric instantaneous water heaters. Additionally, add rated input reporting requirement for commercial electric storage water heaters.

(12)

ACIMs.

Align existing ACIM certification reporting requirements with revised “energy use” and “condenser water use” definitions and terminology adopted in the amended test procedure at 10 CFR 431.134, use of which is required beginning October 27, 2023. Correct ACIM sampling requirements to remove discrepancy and require using the Student's t-Distribution Values for a 95 percent one-tailed confidence interval.

(13)

WICFs.

For walk-in refrigeration systems, add requirement to report whether each refrigeration system meets the definition of a carbon dioxide (“CO2”) unit cooler, detachable single-packaged dedicated system, or an attached split system, consistent with amendments to 10 CFR 431.302. Add requirements for submission of supplementary testing information if necessary to run a valid test and provide an option to report any compressor break-in duration used to obtain certified rating. Additionally, expand the certification reporting requirements for walk-in cooler and freezers with anti-sweat heater (“ASH”) doors. Revise labeling requirements for walk-in panels and walk-in refrigeration systems at 10 CFR 431.305.

(14)

Commercial and Industrial Pumps.

Require certification reporting of commercial and industrial pump efficiency at best efficiency point (“BEP”), constant load pump energy rating, and variable load pump energy rating.

(15)

Portable ACs.

Clarify existing certification reporting requirements for portable ACs and align them with instructions specified in the test procedure at appendix CC to subpart B of 10 CFR part 430 (“appendix CC”) and 10 CFR 429.62(a)(5).

(16)

Compressors.

Establish an annual filing date of September 1 for compressors at 10 CFR 429.12(d).

(17)

DPPPMs.

Add certification reporting requirements for DPPPMs when certifying compliance with the energy conservation standards proposed in the June 21, 2022 NOPR (87 FR 37122), and establish an annual filing date of September 1 at 10 CFR 429.12(d).

(18)

Air cleaners.

Add certification reporting requirements for air cleaners when certifying compliance with the energy conservation standards adopted in the April 11, 2023 direct final rule, compliance with which will be required beginning December 31, 2023, and establish an annual filing date of December 1 at 10 CFR 429.12(d).

(19)

SPVAC/HPs.

Align SPVAC/HPs certification reporting requirements with amended energy conservation standards proposed in the December 8, 2022 ECS NOPR (87 FR 75388) and add content requirements for supplemental testing instructions file in PDF format.

(20)

CFLKs.

Clarify existing CFLK reporting requirements at 10 CFR 429.33(b)(2)(ii)(A) and (b)(3)(ii)(B).

DOE's current and proposed reporting requirements, as well as the reason for the proposed changes, are summarized in Table II.1.

Table II.1—Summary of Proposed Changes to Certification Reporting and Labeling Requirements Relative to Current Certification Reporting and Labeling Requirements

Current DOE certification reporting requirements

Proposed certification reporting requirements

Attribution

For CAC/HPs, no reporting requirement to indicate whether variable speed coil-only rating is based on non-communicating or communicating control

Add reporting requirement to § 429.16(e)(2)(vi) to specify whether variable speed coil-only rating is based on non-communicating or communicating control

Required to determine applicable test conditions specified in appendix M1 test procedure.

For CAC/HPs, no reporting requirement to indicate whether system varies blower speeds with outdoor air conditions

Add reporting requirement to § 429.16(e)(4)(iv) to specify whether system varies blower speeds with outdoor air conditions

Required to determine applicable test conditions specified in appendix M1 test procedure.

For CAC/HPs, current sampling requirements state to use Student's t-Distribution Values from “Appendix D”, whereas appendix A to subpart B of part 429 contains the applicable Student's t-Distribution Values

Correct § 429.16(b)(3)(i)(B), (ii)(B), and (iii)(A)(2) to specify that the Student's t-Distribution Values in appendix A to subpart B of part 429 should be used

Removes discrepancy from sampling provisions, improves clarity.

For DWs, reporting requirements in § 429.19(b)(2) and (3) and list of materials incorporated by reference in § 429.4 specify ANSI/AHAM DW-1-2010

Remove referenced standard in § 429.19(b)(2) and from the list of materials incorporated by reference in § 429.4

Ensures consistency between reporting requirements and DW test procedures.

For DWs, reporting requirements do not include cycle selected for energy test

Add reporting requirements for cycle selected for energy test at heavy, medium, and light soil loads, whether the cycles are soil-sensing, and the options selected for the energy test at these soil loads (when testing in accordance with appendix C2) to § 429.19(b)(3)(iv)

Required to ensure that information reported to DOE is consistent with the tested cycle requirements specified in appendix C2.

For DWs, reporting requirements do not include cleaning index

Add reporting requirement for average cleaning index of sensor heavy response, sensor medium response, and sensor light response test cycles (when testing in accordance with appendix C2) to § 429.19(b)(3)(v)

Required to ensure that the reported test cycle is a valid test cycle that meets the specified cleaning index threshold.

For DWs, reporting requirements do not reflect water re-use system DWs

Add reporting requirements specific to water re-use system DWs to § 429.19(b)(3)(vii), including energy use and water use associated with drain out and clean out events

Required to account for extra energy use and water use associated with water re-use systems.

For DWs, reporting requirements do not reflect information needed for DWs with built-in reservoirs

Add reporting requirements specific to DWs with built-in reservoirs to § 429.19(b)(3)(viii), including reservoir capacity, prewash and main wash fill water volume, and total water consumption

Required to account for water consumption of DWs with built-in reservoirs, and therefore determine compliance with the current energy conservation standards.

For DWs, no rounding requirements are specified in § 429.19

Add rounding requirements to § 429.19(c)

Improves representativeness, repeatability, and reproducibility.

For RCWs, reporting requirements include outdated requirements associated with appendix J1

Remove obsolete appendix J1 RCW reporting requirements from § 429.20(b)(2)(i)

Appendix J1 has been removed from 10 CFR part 430.

For RCWs, “capacity” is required to be reported

Update existing requirement to specify “clothes container capacity” rather than “capacity” at § 429.20(b)(2)(ii)

Consistency in terminology between existing test procedure and reporting requirements.

For RCWs, reporting requirements do not include test cloth lot used by manufacturer for testing and certifying

Add reporting requirement to § 429.20(b)(3) for test cloth lot number used during testing to determine other reported values

Required to ensure that correct remaining moisture content calculation is used for enforcement testing per RCW enforcement provisions specified in 10 CFR 429.134(c).

For RCWs, no reporting requirements for RCWs tested in accordance with appendix J test procedure

Add reporting requirements for energy efficiency ratio, water efficiency ratio, type of control system, remaining moisture content, clothes container capacity, and type of loading when certifying in accordance with appendix J to § 429.20(b)(2)(i)

Required to ensure compliance with proposed amendments to energy conservation standards.

For pool heaters, reporting requirement only includes thermal efficiency for gas-fired pool heaters

Add reporting requirement for integrated thermal efficiency for both gas-fired and electric pool heaters to § 429.24(b)(2)(i)

Required to determine compliance with the amended energy conservation standards.

For electric pool heaters, no reporting requirement for active electrical power

Add reporting requirement for active electrical power for electric pool heaters to § 429.24(b)(2)(ii)

Required to determine compliance with the amended energy conservation standards.

For dehumidifiers, reporting requirements include outdated requirements associated with appendix X

Remove obsolete appendix X dehumidifier reporting requirements from § 429.36(b)(2)(i)

Appendix X test procedure is no longer required for use.

For EPSs, no reporting requirement for output cord specifications

Add reporting requirement for output cord specifications (or for EPSs shipped without an output cord, specifications for the manufacturer's recommended output cord) to § 429.37(b)(i)-(iv)

Required to conduct amended appendix Z test procedure.

For EPSs, no reporting requirements for output voltage

Add reporting requirements for output voltage to § 429.37(i) through (iv)

Required to determine compliance with currently applicable energy conservation standards.

For EPSs exempt from the energy conservation standards, only the number of units of exempt external power supplies sold during the most recent 12-calendar-month period ending on July 31, importer or manufacturer name and address, and brand name must be reported

Add requirement that the year for which the sales number being reported represents to § 429.37(b)(3) and (c)

Improved clarity, consistency with other similar reporting requirements.

For battery chargers, reporting requirements only reflect metrics associated with battery chargers tested in accordance with appendix Y

Add reporting requirements to § 429.39(b)(5) and (6) for battery chargers tested in accordance with newly adopted appendix Y1, multi-metric approach

Required to determine compliance with any future amended energy conservation standards for battery chargers.

For CRACs, reporting requirements do not include provisions for certifying compliance with net sensible coefficient of performance standards

Add reporting requirements specific to net sensible coefficient of performance to § 429.43(b)(2)(ix)(B)

Required to determine compliance with the amended energy conservation standards.

For CRACs, reporting requirements do not include provisions for submitting a supplemental testing instructions file in PDF form

Add supplemental testing instructions file requirements in PDF form for certification reports to § 429.43(b)(4)(viii)

Required to ensure that testing conditions are met in the case of enforcement testing.

For CRACs, reporting requirements do not include indoor and outdoor unit individual model numbers

Add reporting requirements for indoor and outdoor unit individual model numbers to § 429.43(b)(6)(i)

Required to determine specific individual models distributed in commerce under each basic model.

For CRACs, current AEDM tolerances do not specify tolerances for NSenCOP verification tests

Add tolerance of 5 percent to table 2 to § 429.70(c)(5)(vi)(B) for CRAC verification tests for NSenCOP

Required for consistency with allowable AEDMs for other product types and metrics.

For DX-DOASes, reporting requirements do not include provisions for certifying compliance with integrated seasonal moisture removal efficiency 2 and integrated seasonal coefficient of performance 2 standards

Add reporting requirements for integrated seasonal moisture removal efficiency 2 and integrated seasonal coefficient of performance 2, as well as rated moisture removal capacity, rated supply airflow rate, and configuration of the basic model to § 429.43(b)(2)(xi)(A) through (C)

Required to determine compliance with the energy conservation standards.

For DX-DOASes, reporting requirements do not include reporting requirements for systems with ventilation energy recovery systems (“VERS”)

Add reporting requirements for systems with VERS to § 429.43(b)(3)(iii)

Required to fully ensure that enforcement provisions specified at § 429.134(s)for DX-DOASes are met in the case of enforcement testing.

For DX-DOASes, reporting requirements do not include provisions for submitting a supplemental testing instructions file in PDF form

Add supplemental testing instructions file requirements in PDF form for certification reports to § 429.43(b)(4)(x)

Required to ensure that testing conditions are met in the case of enforcement testing.

For DX-DOASes, reporting requirements do not include indoor and outdoor unit individual model numbers

Add reporting requirements for indoor and outdoor unit individual model numbers to § 429.43(b)(6)(ii)

Required to determine specific individual models distributed in commerce under each basic model.

For three-phase less than 65,000 Btu/h ACUACs and ACUHPs and three-phase less than 65,000 Btu/h VRF, no reporting requirements for seasonal energy efficiency ratio 2 and heating seasonal performance factor 2

Add reporting requirements for seasonal energy efficiency ratio 2 and heating seasonal performance factor 2 to § 429.67(f)(2)

Required to determine compliance with energy conservation standards.

For three-phase less than 65,000 Btu/h ACUACs and ACUHPs and three-phase less than 65,000 Btu/h VRF, reporting requirements do not include indoor and outdoor unit individual model numbers

Add reporting requirements for indoor and outdoor unit individual model numbers to § 429.67(f)(4))

Required to determine specific individual models distributed in commerce under each basic model.

For three-phase less than 65,000 Btu/h ACUACs and ACUHPs and three-phase less than 65,000 Btu/h VRF, reporting requirements do not include provisions for submitting a supplemental testing instructions file in pdf form for outdoor units with no match

Add supplemental testing instructions file requirements in PDF form for certification reports for outdoor units with no match to § 429.67(f)(3)

Required to ensure that testing conditions are met in the case of enforcement testing.

For three-phase less than 65,000 Btu/h ACUACs three-phase less than 65,000 Btu/h VRF, current sampling requirements state to use the Student's t-Distribution Values from “appendix D”, whereas appendix A to subpart B of part 429 contains the applicable Student's t-Distribution Values

Correct § 429.67(c)(2)(ii)(A)(2) to specify that the Student's t-Distribution Values in appendix A to subpart B of part 429 should be used

Removes discrepancy from sampling provisions, improves clarity.

For CWHs, no reporting requirements for electric instantaneous water heaters

Add reporting requirements for electric instantaneous water heaters to § 429.44(c)(2)(vi)-(vii)

Required to determine compliance with proposed energy conservation standards.

For CWHs, no rated input reporting requirement for electric storage water heaters

Add rated input reporting requirement for electric storage water heaters to § 429.44(c)(2)(i)

Required to determine that models exceed the definitional requirement for electric storage water heaters.

For ACIMs, reporting requirements include “maximum energy use” and “maximum condenser water use.”

Update reporting requirement terminology to specify “energy use” and “condenser water use” in § 429.45(b)(2)

Improved clarity and consistency with definitions.

For ACIMs, no rounding requirements for represented values specified in 10 CFR 429.45

Add rounding requirements in § 429.45(b)(3) that specify represented values determined in 10 CFR 429.45 must be rounded consistent with the test procedure rounding instructions upon the compliance date of any amended standards

Improves representativeness, repeatability, and reproducibility.

For ACIMs, sampling provisions require use of the Student's t-Distribution Values for a 95 percent two-tailed confidence interval from appendix A to subpart B of part 429, whereas appendix A to subpart B of part 429 contains one-tailed Student's t-Distribution Values

Revise sampling provisions in 10 CFR 429.45(a)(2) to correct this discrepancy and clarify that the Student's t-Distribution Values for a 95 percent one-tailed confidence interval from appendix A to subpart B of part 429

Removes discrepancy from sampling provisions, improves clarity.

For walk-in refrigeration systems, no reporting requirement for whether the basic model meets the definition of a CO

2

unit cooler

Add reporting requirement for whether the basic model meets the definition of a CO

2

unit cooler to § 429.53(b)(2)(iii)(G)

Required to ensure test conditions specified in the test procedure are met.

For walk-in refrigeration systems, the configuration reporting requirement does not include “detachable single-packaged dedicated system” or “attached split system”

Modify current configuration reporting requirement in § 429.53(b)(2)(iii)(C) to include “detachable single-packaged dedicated system” and “attached split system”

Required to ensure test conditions specified in the test procedure are met.

For walk-in dedicated condensing systems, no reporting requirement for head pressure controls

Add reporting requirement in § 429.53(b)(3)(ii) for whether the basic model has head pressure controls

Required to ensure test conditions specified in the test procedure are met.

No supplemental testing instructions for walk-in refrigeration systems

Add requirement in § 429.53(b)(4) for submission of supplement test information in PDF format, if necessary to run a valid test, at the time of certification

Required to ensure test conditions specified in the test procedure are met.

For walk-in refrigeration systems, no reporting requirement for compressor break-in duration used to obtain certified rating

Add optional reporting requirement to § 429.53(b)(3)(ii) for compressor break-in duration used to obtain certified rating, if applicable

Improves representativeness, repeatability, and reproducibility.

For walk-in doors with anti-sweat heater controls, no reporting requirements for conditions at which the controls activate the ASH wire

Add reporting requirements to § 429.53(b)(2)(i)(H) for conditions (

i.e.,

temperature, humidity, etc.) at which the controls activate the ASH wire

Required to ensure applicable enforcement provisions are met in the case of enforcement testing.

For walk-in doors, no reporting requirement for thermal conduction load through the door

Add reporting requirement for thermal conduction load through the door to § 429.53(b)(3)(i)(B)

Required to calculate daily energy consumption.

For walk-in panels, date of manufacturer is not required on a panel's nameplate or label

Require panel manufacture date be added to the nameplate or label in § 431.305(a)

Aids enforcement evaluation, as necessary.

For walk-in refrigeration systems, unit coolers designed for use with CO

2

as a refrigerant are not required to indicate that they are designed for use with CO

2

on the nameplate

Require the statement “Only CO

2

is approved as a refrigerant for this system” to be included on the nameplate for unit coolers designed for use with CO

2

as a refrigerant

Required to ensure test conditions specified in the test procedure are met.

For commercial and industrial pumps, reporting requirements are optional for pump efficiency at BEP, constant load pump energy rating, and variable load pump energy rating

Modify existing provisions in § 429.59(b)(2) to require reporting of pump efficiency at BEP, constant load pump energy rating, and variable load pump energy rating

Standardize public information reported for pumps.

For portable ACs, reporting requirement for duct configuration lists “ability to operate in both configurations” as an option

Remove “ability to operate in both configurations” as an option in § 429.62(b)(2) and add reporting requirement for whether model is distributed in commerce with multiple duct configuration options

Improved clarity, consistency with instructions in appendix CC and 10 CFR 429.62(a)(5).

For portable ACs, no reporting requirement for full-load seasonally adjusted cooling capacity for variable-speed models

Add reporting requirements for whether the basic model is variable-speed, and if yes; the full-load seasonally adjusted cooling capacity to § 429.62(b)(3)

Required to determine compliance with the energy conservation standards.

For compressors, reporting requirements are included in 10 CFR 429.63, but no annual filing date is specified in 10 CFR 429.12

Establish an annual filing date of September 1 at 10 CFR 429.12(d), by which manufacturers would be required to submit required reporting information to DOE

Required to ensure certification information is current on an annual basis, consistent with the requirements for other covered products and equipment.

For DPPPMs, no reporting requirements outlined in 10 CFR 429.65

Add reporting requirements for DPPPMs to § 429.65(e)

Required to verify compliance with proposed energy conservation standards.

For DPPPMs, no rounding requirements outlined in 10 CFR 429.65

Add rounding requirements for DPPPMs to § 429.65(f)

Improves representativeness, repeatability, and reproducibility.

For DPPPMs, no annual filing date specified in 10 CFR 429.12

Establish an annual filing date of September 1 at 10 CFR 429.12(d), by which manufacturers would be required to submit required reporting information to DOE

Required to ensure certification information is current on an annual basis, consistent with the requirements for other covered products and equipment.

For air cleaners, no reporting requirements outlined in 10 CFR 429.68

Add reporting requirements for air cleaners to § 429.68(b)

Required to verify compliance with recently adopted energy conservation standards.

For air cleaners, no annual filing date specified in 10 CFR 429.12

Establish an annual filing date of December 1 at 10 CFR 429.12(d), by which manufacturers would be required to submit required reporting information to DOE

Required to ensure certification information is current on an annual basis, consistent with the requirements for other covered products and equipment.

For SPVUs, reporting requirements do not include provisions for certifying compliance with integrated energy efficiency ratio standards

Add reporting requirements for certifying compliance with integrated energy efficiency ratio standards to 10 CFR 429.43(b)(2)(v)(B) and (vi)(B)

Required to determine compliance with the energy conservation standards.

For SPVUs with cooling capacities less than 65,000 Btu/h, reporting requirements do not include whether the unit is weatherized or non-weatherized, and if non-weatherized, the airflow rate of outdoor ventilation air which is drawn in and conditioned

Add reporting requirements to 10 CFR 429.43(b)(2)(v)(B) and (vi)(B) for whether the unit is weatherized or non-weatherized, and if non-weatherized, the airflow rate of outdoor ventilation air which is drawn in and conditioned as 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

Required to determine whether non-weatherized SPVUs with cooling capacities less than 65,000 Btu/h have met the definitional requirements for airflow rate of outdoor ventilation air which is drawn in and conditioned.

For SPVUs, existing supplemental testing instruction requirements do not reflect updated integrated energy efficiency ratio test procedure

Add supplemental testing instruction file content requirements for when certifying compliance with an integrated energy efficiency ratio standard to 10 CFR 429.43(b)(4)(vi)(B) and (vii)(B)

Required to ensure test conditions specified in the test procedure are met.

For CFLKs, reporting requirements inadvertently omit CFLKs distributed with consumer-replaceable SSL

Amend reporting requirements in 10 CFR 429.33(b)(2)(ii)(A) and (b)(3)(ii)(B) to include CFLKs distributed with consumer-replaceable SSL

Required to determine compliance with the energy conservation standards.

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

III. Discussion

Certification of compliance to DOE is a mechanism that helps manufacturers understand their regulatory obligations for distributing basic models of covered products and equipment that are subject to energy conservation standards. Certification also helps consumers obtain information about products' energy performance. Certification reports include characteristics of covered products or equipment used to determine which standard applies to a given basic model, and they also help DOE identify models and/or regulated entities that may not comply with the applicable regulations.

For the covered products and equipment addressed in this NOPR, DOE has identified areas in which the certification reporting requirements in 10 CFR part 429 are not consistent with the information required to verify whether the information provided is consistent with the certifier's statement of compliance with current energy conservation standards. DOE is proposing amendments to the certification and reporting provisions for these products and equipment to ensure reporting that is consistent with currently applicable energy conservation standards and to ensure that DOE has the information necessary to determine the appropriate classification of products for the application of standards. In addition to the specific proposals discussed in the following sections, DOE is also proposing minor amendments to ensure consistency among terms used throughout DOE's certification and reporting provisions. Additionally, DOE is proposing labeling requirements for certain covered equipment.

A. Central Air Conditioners and Heat Pumps

DOE is proposing to amend the certification reporting requirements for CAC/HPs. A central air conditioner or central air conditioning heat pump means a product, other than a packaged terminal air conditioner or packaged terminal heat pump, which is powered by single phase electric current, air cooled, rated below 65,000 Btu/h, not contained within the same cabinet as a furnace, the rated capacity of which is above 225,000 Btu/h, and is a heat pump or a cooling unit only. A central air conditioner or central air conditioning heat pump may consist of: a single-package unit; an outdoor unit and one or more indoor units; an indoor unit only; or an outdoor unit with no match. In the case of an indoor unit only or an outdoor unit with no match, the unit must be tested and rated as a system (combination of both an indoor and an outdoor unit). 10 CFR 430.2.

On October 25, 2022, DOE published a final rule (“October 2022 CAC/HP Final Rule”) in which DOE amended the test procedure provisions for CAC/HPs. 87 FR 64550. Consistent with that final rule, DOE is proposing amendments to the reporting requirements.

1. Reporting

Under the existing requirements in 10 CFR 429.16, manufacturers of CAC/HPs must report a variety of values and information, including seasonal energy efficiency ratio 2 (“SEER2”) in Btu/W-h, average off mode power consumption, cooling capacity in Btu/h, and heating seasonal performance factor 2 (“HSPF2”) in Btu/W-h. 10 CFR 429.16(e)(2) For a complete list of existing certification reporting requirements,

see

10 CFR 429.16(e). These requirements provide for certifying compliance with the current standards applicable to CAC/HP equipment manufactured on or after January 1, 2023. 10 CFR 430.32(c). DOE is proposing to update these requirements and align the reporting requirements with the appendix M1 test procedure and proposing general certification requirements for CAC/HPs. DOE discusses these proposed updates in the following sections.

a. Variable Speed Coil-Only Rating Based on Non-Communicating or Communicating Control

In the October 2022 CAC/HP Final Rule, DOE defined a “communicating variable-speed coil-only central air conditioner or heat pump” as a variable-speed compressor system having a coil-only indoor unit that is installed with a control system that (a) communicates the difference in space temperature and space setpoint temperature (not a setpoint value inferred from on/off thermostat signals) to the control that sets compressor speed; (b) provides a signal to the indoor fan to set fan speed appropriate for compressor staging and air volume rate; and (c) has installation instructions indicating that the required control system meeting both (a) and (b) must be installed. 87 FR 64550, 64560.

DOE defined a “variable-speed non-communicating coil-only central air conditioner or heat pump” as a variable-speed compressor system having a coil-only indoor unit that does not meet the definition of variable-speed communicating coil-only central air conditioner or heat pump.

Id.

In the October 2022 CAC/HP Final Rule, DOE elaborated that variable-speed coil-only systems that meet the “communicating” definition should be tested like any other variable-speed system, except that the heating full-load air volume rate should be equal to the cooling full-load air volume rate and the intermediate and minimum cooling and heating air volume rates should all be higher than (1) the rate specified by the installation instructions included with the unit by the manufacturer, and (2) 75 percent of the full-load cooling air volume rate.

Id.

Because this aspect of the basic model's operating characteristics determines the way it must be tested, manufacturers need to certify whether a variable speed coil-only rating is based on non-communicating or communicating control. Therefore, DOE is proposing to include this requirement in the certification template.

DOE seeks comment on its proposal to require reporting of whether a variable speed coil-only rating is based on non-communicating or communicating control.

b. Air Volume Rate Changing With Outdoor Conditions

In the October 2022 CAC/HP Final Rule, DOE explained that requirements for setting air volume rate in section 3.1.4 of appendix M1 may conflict with instructions to use air volume rates that represent a “normal installation” in section 3.2, particularly for modern blower-coil systems with multiple-speed or variable-speed indoor fans and control systems, which may change air volume rate in response to operating conditions such as outdoor air temperature. 87 FR 64550, 64569. To address this issue, in the October 2022 CAC/HP Final Rule, DOE explicitly stated in step 7 of sections 3.1.4.1.1.a, 3.1.4.2.a, and 3.1.4.3.a of appendix M1 that, for blower-coil systems in which the indoor blower capacity modulation correlates with outdoor dry bulb temperature or sensible-to-total cooling capacity ratio, use an air volume rate that represents a normal operation.

Id.

Also, DOE indicated that to ensure consistency of testing, it may be necessary for manufacturers to certify whether the system varies blower speeds with outdoor air conditions.

Id.

For these reasons, DOE is proposing that manufacturers include in their certification whether the system varies blower speeds with outdoor air conditions.

DOE seeks comment on its proposal to require reporting of whether a CAC/HP system varies blower speeds with outdoor air conditions.

c. Sampling Corrections

Currently, DOE's sampling provisions for CAC/HPs state that any represented value of power consumption or other measure of consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of the mean of the sample, or the upper 90 percent confidence limit of the true mean (“UCL”) divided by 1.05. 10 CFR 429.16(b)(3)(i). Additionally, the sampling provisions state that any represented value of the energy efficiency, cooling capacity, heating capacity or other measure of energy consumption for which consumers would favor higher values shall be less than or equal to the lower of the mean of the sample, or the lower 90 percent confidence limit of the true mean (“LCL”) divided by 0.95. 10 CFR 429.16(b)(3)(ii)-(iii). The sampling provisions also state that the UCL and LCL should be calculated using the Student's t-Distribution Values for a 90 percent one-tailed confidence interval with n-1 degrees of freedom from appendix D to subpart B of part 429 (“appendix D”), where “n” is the number of samples. 10 CFR 429.16(b)(3)(i)-(iii). However, the Appendix containing Student's t-Distribution Values has moved to appendix A to subpart B of part 429 (“Appendix A”) and is no longer located at appendix D.

4

.”). To correct this discrepancy, DOE is proposing to revise 10 CFR 429.16(b)(3)(i)-(iii) to specify that the UCL and LCL should be calculated using the Student's t-Distribution Values for a 90 percent one-tailed confidence interval outlined in appendix A.

4

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

DOE seeks comment on its proposal to correct the sampling provisions for CAC/HPs to reference appendix A instead of appendix D.

2. Reporting Costs and Impacts

As described in the previous section, DOE proposes in this NOPR to align CAC/HP certification reporting requirements with the current test procedure for CAC/HP in appendix M1, which was most recently amended by the October 2022 CAC/HP Final Rule. The proposed certification requirements in this proposed rule specifically address new provisions in this amended version of the appendix M1 test procedure, use of which was required beginning on April 24, 2023.

DOE has tentatively determined that these proposed amendments to the certification requirements would not impose additional costs for manufacturers because manufacturers of CAC/HPs are already submitting certification reports to DOE and should have readily available the information that DOE is proposing to collect as part of this rulemaking. DOE does not believe the revised reporting requirements will cause any appreciable change in reporting burden or hours as compared to what CAC/HP

manufacturers are currently doing today.

DOE requests comment on the certification reporting costs of the amendments proposed for CAC/HPs.

B. Dishwashers

DOE is proposing to amend the certification reporting requirements for DWs, which are cabinet-like appliances which, with the aid of water and detergent, wash, rinse, and dry (when a drying process is included) dishware, glassware, eating utensils, and most cooking utensils by chemical, mechanical and/or electrical means and discharge to the plumbing drainage system. 10 CFR 430.2. In the DWs test procedure final rule published on January 18, 2023 (“January 2023 DW Final Rule”), DOE amended the existing DWs test procedure at appendix C1 and established a new test procedure at appendix C2, which would be required at the time compliance is required with any amended energy and water conservation standards. 88 FR 3234. Consistent with that final rule, DOE is proposing amendments to the reporting requirements.

1. Reporting

Under the existing requirements in 10 CFR 429.19, manufacturers must report the following public product-specific information: the estimated annual energy use in kilowatt hours (“kWh”) per year (“kWh/yr”), the water consumption in gallons per cycle, and the capacity in number of place settings as specified in ANSI/AHAM DW-1-2010.

5

10 CFR 429.19(b)(2). Manufacturers must additionally report the following product-specific information: the presence of a soil sensor (and if present, the number of cycles required to reach calibration); water inlet temperature used for testing in degrees Fahrenheit (“°F”); cycle selected for the energy test and whether that cycle is soil-sensing; the options selected for the energy test; the presence of a built-in water softening system (and if present, the energy use in kWh and the water use in gallons required for each regeneration of the water softening system, the number of regeneration cycles per year, and data and calculations used to derive these values); and an indication of whether Cascade Complete powder was used as the detergent formulation in lieu of Cascade with the Grease Fighting Power of Dawn powder. 10 CFR 429.19(b)(3). These requirements are applicable for any DW distributed in the United States on or after May 30, 2013. Additionally, in a test procedure final rule published on July 27, 2023 (“July 2023 DW Final Rule”), DOE updated the detergent formulation reporting requirement at 10 CFR 429.19(b)(3)(vi) as follows: indication of whether Cascade Complete Powder or Cascade with the Grease Fighting Power of Dawn was used as the detergent formulation. 88 FR 48351. For dishwashers other than water re-use dishwashers, the July 2023 DW Final Rule additionally specified that before July 17, 2023, Cascade Complete Powder detergent may be used as the basis for certification in conjunction with the detergent dosing methods specified in either section 2.5.2.1.1 or section 2.5.2.1.2 of appendix C1 as amended in the July 2023 DW Final Rule and Cascade with the Grease Fighting Power of Dawn detergent may be used as the basis for certification only in conjunction with the detergent dosing specified in section 2.5.2.1.1 of appendix C1 as amended in the July 2023 DW Final Rule. Further, for dishwashers other than water re-use dishwashers, the July 2023 DW Final Rule specified that beginning July 17, 2023, Cascade Complete Powder detergent may be used as the basis for certification of newly certified basic models only in conjunction with the detergent dosing method specified in section 2.5.2.1.2 of appendix C1 as amended in the July 2023 DW Final Rule and Cascade with the Grease Fighting Power of Dawn detergent may be used as the basis for certification only in conjunction with the detergent dosing specified in section 2.5.2.1.1 of appendix C1 as amended in the July 2023 DW Final Rule. The July 2023 DW Final Rule additionally specified that manufacturers may maintain existing basic model certifications made prior to July 17, 2023, consistent with the provisions of § 429.19(b)(3)(vi)(A) and (B).

Id.

5

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

DOE is proposing to update the dishwasher certification reporting requirements and align the reporting requirements with the amended test procedure at appendix C1 and the new test procedure at appendix C2. Use of appendix C2 would be required when determining compliance with any future amended energy and water conservation standards. Appendix C2 to subpart B of part 430. Accordingly, the certification reporting requirements that are specific to appendix C2 would be required only at such time as use of appendix C2 is required to demonstrate compliance with any future amended energy and water conservation standards. DOE discusses the proposed updates in the following sections.

a. Update to the AHAM Industry Standard

The current reporting requirements at 10 CFR 429.19(b)(2) reference the industry standard, ANSI/AHAM DW-1-2010 to the capacity of a dishwasher in number of place settings. DOE is proposing to exclude this reference in the dishwasher reporting requirements at 10 CFR 429.19 because this industry standard is now obsolete. Additionally, the reference to the definition of place settings only includes the items in the test load that comprise a single place setting; it does not define the capacity of a dishwasher itself, which is the metric that needs to be reported for dishwashers at 10 CFR 429.19(b)(2). Relatedly, DOE also proposes to remove ANSI/AHAM DW-1-2010 from its list of materials incorporated by reference at 10 CFR 429.4 because this standard would no longer be referenced anywhere in 10 CFR part 429 after the proposed removal of this reference from 10 CFR 429.19.

DOE requests comment on its proposal to remove ANSI/AHAM DW-1-2010 from the referenced industry standard in 10 CFR 429.19(b)(2).

b. Cycle Selected for Energy Test

In the January 2023 DW Final Rule, DOE established a new appendix C2 that specifies, in part, a minimum cleaning index threshold as a condition for a valid test cycle. 88 FR 3234. If the normal cycle at any soil level (

i.e.,

heavy, medium, or light) does not meet the specified cleaning index threshold, the unit is tested at the most energy-intensive cycle that can achieve a cleaning index threshold of 70. 88 FR 3234, 3266. To ensure that the certification template is consistent with the tested cycle requirements specified in appendix C2, DOE proposes to include the following additional confidential reporting requirement at 10 CFR 429.19(b)(3)(iii): the cycle selected for the energy test at the heavy, medium, and light soil loads and whether these cycles are soil-sensing. Further, DOE proposes to include the following additional confidential reporting requirement at 10 CFR 429.19(b)(3)(iv): the options selected for the energy test at the heavy, medium, and light soil loads. These reporting requirements would be required only at such time as use of appendix C2 is required to demonstrate compliance with any future amended energy and water conservation standards.

DOE requests comment on the proposed requirement to confidentially

report the cycle selected for the energy test at the heavy, medium, and light soil loads and whether these cycles are soil-sensing as well as the options selected for the energy test at the heavy, medium, and light soil loads when testing according to appendix C2.

c. Cleaning Index

As noted previously, the January 2023 DW Final Rule established a new appendix C2 that specifies a minimum cleaning index threshold as a condition for a valid test cycle. 88 FR 3234. Specifically, the January 2023 DW Final Rule states that each tested cycle on each individual unit is required to achieve the applicable cleaning index threshold to constitute a valid test cycle. 88 FR 3234, 3265-3266. To ensure that the reported test cycle is a valid test cycle that meets the specified applicable cleaning index threshold, DOE is proposing a confidential reporting requirement for the cleaning index of the sensor heavy response, sensor medium response, and sensor light response test cycles. DOE additionally proposes that the reported cleaning index for each basic model must be the average cleaning index of the individual test units at each soil level. This reporting requirement would be required only at such time as use of appendix C2 is required to demonstrate compliance with any future amended energy and water conservation standards.

DOE requests comment on the proposed requirement to confidentially report the average cleaning index of the sensor heavy response, sensor medium response, and sensor light response test cycles.

d. Water Re-Use System Dishwashers

On November 1, 2013, DOE published a Decision and Order granting Whirlpool a test procedure waiver (“Whirlpool waiver”) for testing specified basic models equipped with a “water use system,” in which water from the final rinse cycle is stored for use in the subsequent cycle, with periodic draining (“drain out”) and cleaning (“clean out”) events. 78 FR 65629, 65629-65630. (Case No. DW-11).

6

6

All materials regarding the Whirlpool waiver are available in docket EERE-2013-BT-WAV-0042 at

www.regulations.gov.

In the January 2023 DW Final Rule, DOE amended appendix C1 to include the requirements from the Whirlpool waiver for testing water re-use system DWs via reference to the industry standard, AHAM DW-1-2020, with some modifications to the equations in sections 5.6.1.3, 5.6.1.4, 5.6.2.3, and 5.6.2.4 of AHAM DW-1-2020. DOE also adopted these requirements in the new appendix C2. 88 FR 3234, 3249.

Accordingly, DOE proposes to amend the reporting requirements at 10 CFR 429.19(b)(3) to include reporting of energy and water use associated with drain out and clean out events, consistent with the information required to be reported by Whirlpool as part of the waiver. These reported values would be used in equations to account for the extra water and energy associated with water re-use systems. Specifically, DOE is proposing that the additional machine electrical energy consumption required for a drain out event and clean out event—expressed in kWh—and the additional water consumption required for drain out and clean out events during a drain out cycle—expressed in gallons per cycle (“gal/cycle”)—be reported confidentially.

DOE seeks comment on its proposal to require that additional machine electrical energy consumption required for a drain out event and clean out event—expressed in kWh—and the additional water consumption required for drain out and clean out events during a drain out cycle—expressed in gal/cycle—be reported confidentially.

e. Dishwashers With Built-In Reservoirs

DOE published a Decision and Order on December 9, 2020 granting CNA International Inc. (“CNA”) a test procedure waiver (“CNA waiver”) for a basic model of a compact DW that does not connect to a water supply line and instead has a built-in reservoir that must be manually filled with water. 85 FR 79171, 79171 and 79173 (Case No. 2020-008).

7

7

All materials regarding the CNA waiver are available in docket EERE-2020-BT-WAV-0024 at

www.regulations.gov.

In the January 2023 DW Final Rule, DOE amended appendix C1 to include the requirements from the CNA waiver, which was specific to a compact DW basic model, to be applicable to a DW of any capacity with a manually filled built-in water reservoir. DOE also adopted these requirements in the new appendix C2. 88 FR 3234, 3241.

Accordingly, DOE proposes to amend the reporting requirements at 10 CFR 429.19(b)(3) to include reporting of the reservoir capacity in gallons, prewash and main wash fill water volume in gallons (if testing is performed using appendix C1), and the total water consumption in gallons per cycle for DWs with built-in reservoirs. DOE's proposal to report the prewash and main wash fill water volumes is only applicable to appendix C1 because these water volumes are used to determine detergent dosage in appendix C1, while the detergent dosage in appendix C2 is dependent on the number of place settings.

DOE seeks comment on its proposal to require reporting of reservoir capacity in gallons, prewash and main wash fill water volume in gallons (if testing is performed using appendix C1), and the total water consumption in gallons per cycle for DWs with built-in reservoirs.

f. Rounding Requirements

DOE proposes to specify at new section 10 CFR 429.19(c) that the represented value of estimated annual energy use must be rounded to the nearest kWh/yr and the represented value of water consumption must be rounded to one decimal place,

i.e.,

the nearest 0.1 gallon per cycle. These rounding requirements are consistent with the existing rounding requirements for DWs specified at 10 CFR 430.23(c)(2) and 10 CFR 430.23(c)(3), respectively.

DOE requests comment on the proposed rounding requirements for DWs.

2. Reporting Costs and Impacts

In this NOPR, DOE proposes to align the DW certification reporting requirements with the amended test procedure at appendix C1, use of which is required beginning July 17, 2023, and with the newly adopted test procedure at appendix C2, use of which would be required at such time as compliance is required with any amended energy conservation standards based on appendix C2.

For dishwashers, manufacturers currently report the following: (1) the estimated annual energy use in kWh/yr; (2) the water consumption in gallons per cycle; (3) the capacity in number of place settings as specified in ANSI/AHAM DW-1-2010; (4) the presence of a soil sensor, and if present, the number of cycles required to reach calibration; (5) the water inlet temperature used for testing in °F; (6) the cycle selected for the energy test and whether that cycle is soil-sensing; (7) the options selected for the energy test; and (8) the presence of a built-in water softening system, and if present, the energy use in kWh and the water use in gallons required for each regeneration of the water softening system, the number of regeneration cycles per year, and data and calculations used to derive these values. 10 CFR 429.19 (b)(2)-(3). Manufacturers also report whether Cascade Complete powder was used as the detergent formulation in lieu of Cascade with the

Grease Fighting Power of Dawn powder. 10 CFR 429.19(b)(3)(vi). Beginning August 28, 2023, the effective date of the July 2023 DW Final Rule, the reporting requirement pertaining to the detergent formulation would be updated such that manufacturers would be required to report whether Cascade Complete Powder or Cascade with the Grease Fighting Power of Dawn was used as the detergent formulation. 88 FR 48351, 48357. Additionally, when certifying dishwashers, other than water re-use dishwashers, according to appendix C1, the following requirements would be applicable: (A) Before July 17, 2023, Cascade Complete Powder detergent may be used as the basis for certification in conjunction with the detergent dosing methods specified in either section 2.5.2.1.1 or section 2.5.2.1.2 of appendix C1. Cascade with the Grease Fighting Power of Dawn detergent may be used as the basis for certification only in conjunction with the detergent dosing specified in section 2.5.2.1.1 of appendix C1. (B) Beginning July 17, 2023, Cascade Complete Powder detergent may be used as the basis for certification of newly certified basic models only in conjunction with the detergent dosing method specified in section 2.5.2.1.2 of appendix C1. Cascade with the Grease Fighting Power of Dawn detergent may be used as the basis for certification only in conjunction with the detergent dosing specified in section 2.5.2.1.1 of appendix C1. Manufacturers may maintain existing basic model certifications made prior to July 17, 2023, consistent with the provisions of paragraph 10 CFR 429.19(b)(3)(vi)(A).

Id.

Under the proposed amendments, if adopted, manufacturers would additionally report the following: (1) the cycles selected for the sensor heavy response, sensor medium response, and sensor light response and whether these cycles are soil-sensing if testing is performed using appendix C2; (2) the options selected for the sensor heavy response, sensor medium response, and sensor light response if testing is performed using appendix C2; (3) the average cleaning index for the sensor heavy response, sensor medium response, and sensor light response cycles if testing is performed using appendix C2; (4) whether the product is a water re-use system dishwasher and if so, the energy use in kWh and water use in gallons required for a drain out event, the energy use in kWh and water use in gallons required for a clean out event, the number of drain out events per year, the number of clean out events per year, the water fill volume to calculate detergent dosage in gallons, and data and calculations used to derive these values, as applicable; and (5) the presence of a built-in reservoir and if present, the manufacturer-stated reservoir capacity in gallons, the prewash fill water volume in gallons and the main wash fill water volume in gallons if testing is performed using appendix C1, and the reservoir water consumption in gallons per cycle. DOE is additionally proposing to add rounding requirements for estimated annual energy use and water consumption and remove the ANSI/AHAM DW-1-2010 industry standard that is included as a reference from 10 CFR 429.4.

DOE has tentatively determined that these proposed amendments would not impose additional costs for manufacturers because manufacturers of DWs are already submitting certification reports to DOE and should have readily available the information that DOE is proposing to collect as part of this rulemaking. Additionally, any requirements stemming from the updates to the test procedure were accounted for in the January 2023 Final Rule. DOE does not believe the revised reporting requirements will cause any appreciable change in reporting burden or hours as compared to what DW manufacturers are currently doing today.

DOE requests comment on the certification reporting costs of the amendments proposed for DWs.

C. Residential Clothes Washers

DOE is proposing to amend the reporting requirements for RCWs, which are a consumer product designed to clean clothes, utilizing a water solution of soap and/or detergent and mechanical agitation or other movement, that must be one of the following classes: automatic clothes washers, semi-automatic clothes washers, and other clothes washers. 10 CFR 430.2. In the RCWs test procedure final rule published on June 1, 2022 (“June 2022 RCW Final Rule”), DOE amended the existing RCWs test procedure at appendix J2, established a new test procedure at appendix J, which would be required at the time compliance is required with any amended energy and water conservation standards, and removed appendix J1. 87 FR 33316. Consistent with the June 2022 RCW Final Rule, DOE is proposing amendments to the reporting requirements.

1. Reporting

Under the existing requirements in 10 CFR 429.20(b)(2)(i), manufacturers of RCWs tested in accordance with the test procedure at appendix J1 must report: the modified energy factor (“MEF”), the capacity, the corrected moisture content (“RMC”), and the integrated water factor (“IWF”). Under the existing requirements in 10 CFR 429.20(b)(2)(ii), manufacturers of RCWs tested in accordance with the test procedure at appendix J2 must report: the integrated modified energy factor (“IMEF”), the IWF, the capacity, the RMC, and the type of loading (top-loading or front-loading). Under the existing requirements in 10 CFR 429.20(b)(3), all manufacturers of RCWs must also report a list of cycle selections comprising the complete energy test cycle.

DOE is proposing to update these requirements and to specify new reporting requirements that would apply to the new appendix J test procedure and that would be required for certifying compliance only at such time as use of appendix J is required. DOE discusses these proposed updates in the following sections.

a. Removing Appendix J1

Appendix J1 was removed from the CFR as part of the June 2022 RCW Final Rule. 87 FR 33316, 33365. Therefore, the provisions in 10 CFR 429.20(b)(2)(i), which specify reporting requirements for RCWs tested in accordance with appendix J1, are obsolete. For these reasons, DOE proposes to remove these reporting requirements.

DOE requests comment on its proposal to remove reporting requirements applicable to appendix J1 from 10 CFR 429.20(b)(2)(i).

b. Clothes Container Capacity

DOE has established separate product classes for RCWs based on clothes container capacity, among other characteristics. 10 CFR 430.32(g)(4) The current test procedure uses the term “clothes container capacity” to refer to the measured capacity (

see

section 3.1 of appendix J2), whereas the current reporting requirements at 10 CFR 429.20(b)(2) use the term “capacity.” To provide greater consistency in terminology between the test procedure and the reporting requirements, DOE proposes to update the reporting requirement terminology from “capacity” to “clothes container capacity.”

DOE requests comment on its proposal to update reporting requirement terminology to specify “clothes container capacity for RCWs.

c. Test Cloth Lot Number

In the June 2022 RCW Final Rule, DOE implemented new language in 10 CFR 429.134(c) that provides additional product-specific enforcement provisions for clothes washers to accommodate differences in RMC values that may result from DOE using a different test cloth lot than was used by the manufacturer for testing and certifying the basic model. 87 FR 33316, 33369-33371. To implement this new enforcement provision, DOE proposes to require reporting the test cloth lot number used during certification testing. DOE also proposes that the reported test cloth lot number would not be public.

DOE requests comment on its proposal to require the reporting of the test cloth lot number for RCWs for the purpose of implementing the enforcement provisions in 10 CFR 429.134(c), as well as its proposal that the reported test cloth lot number would not be public.

d. Specifying Requirements for Appendix J

The new appendix J test procedure establishes new energy and water efficiency metrics for RCWs. Use of appendix J would be required at such time as compliance is required with any amended energy conservation standards based on these new metrics as measured using appendix J. 87 FR 33316. On March 3, 2023, DOE proposed amended standards for clothes washers based on the new metrics as measured using appendix J. 88 FR 13520. Consistent with these new metrics, DOE proposes to specify certification requirements at 10 CFR 429.20(b)(2)(i) corresponding to the use of appendix J, as detailed in the following sections. These reporting requirements would be required only at such time as use of appendix J is required to demonstrate compliance with standards based on the new appendix J metrics.

Energy Efficiency Ratio and Water Efficiency Ratio

Appendix J defines new metrics for representing clothes washer efficiency: energy efficiency ratio (“EER”)

8

and water efficiency ratio (“WER”).

9

8

EER is defined as the weighted-average load size in pounds (“lbs”) divided by the sum of (1) the per-cycle machine energy, (2) the per-cycle water heating energy, (3) the per-cycle drying energy, and (4) the per-cycle standby and off mode energy consumption, in kilowatt-hours (“kWh”).

9

WER is defined as the weighted-average load size in lbs divided by the total weighted per-cycle water consumption for all wash cycles in gallons (“gal”).

DOE proposes to require including EER and WER as public information in a certification report for RCWs tested in accordance with appendix J.

In the June 2022 RCW Final Rule, DOE established rounding requirements for EER and WER in 10 CFR 430.23(j)(2)(ii) and (j)(4)(ii), respectively. 87 FR 33316, 33381. These requirements specify rounding EER to the nearest 0.01 lb/kWh/cycle and rounding WER to the nearest 0.01 gal/kWh/cycle. DOE proposes to specify these same rounding requirements for EER and WER at 10 CFR 430.29(c).

DOE requests comment on the proposed RCW reporting requirements for EER and WER, including the proposed rounding requirements.

Type of Control System

The existing RCW product classes are applicable to automatic clothes washers.

10

Whereas performance-based standards are currently applicable for all classes of automatic RCWs, DOE has not established performance-based standards for semi-automatic RCWs. On March 3, 2023, DOE published an energy conservation standards NOPR that includes a proposal to re-establish a separate product class and separate performance-based energy conservation standards for semi-automatic RCWs.

11

88 FR 13520. To distinguish basic models as either automatic or semi-automatic for the purpose of determining whether the current performance-based standards apply, as well as which energy conservation standards would apply if DOE were to finalize its proposal to establish performance-based energy conservation standards for semi-automatic RCWs, DOE proposes to require reporting the type of control system (automatic or semi-automatic) as public information to be included in a certification report for RCWs tested in accordance with appendix J.

10

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

11

DOE defines “semi-automatic clothes washer” as a class of clothes washer that is the same as an automatic clothes washer except that user intervention is required to regulate the water temperature by adjusting the external water faucet valves. 10 CFR 430.2.

DOE requests comment on its proposal to require reporting the type of control system (automatic or semi-automatic) for RCWs.

Other Requirements

For RCWs tested in accordance with appendix J, DOE also proposes to establish public reporting requirements for RMC, clothes container capacity, and type of loading (top-loading or front-loading), consistent with the current reporting requirements specified at 10 CFR 429.20(b)(2)(ii) for RCWs tested in accordance with appendix J2. DOE notes that the current requirement at 10 CFR 429.20(b)(3) to report a list of all cycle selections comprising the complete energy test cycle for each basic model applies to all RCWs and would therefore also apply to any RCW tested in accordance with appendix J. Similarly, the proposed requirement to report test cloth lot number would also apply to RCWs tested in accordance with appendix J. These reporting requirements would be required only at such time as use of appendix J is required to demonstrate compliance with standards based on the new appendix J metrics.

DOE requests comment on its proposal to require reporting of RMC, clothes container capacity, and type of loading (top-loading or front-loading) for RCWs tested in accordance with appendix J.

2. Reporting Costs and Impacts

In this NOPR, DOE proposes to align RCW certification reporting requirements with the energy conservation requirements that would be applicable to RCWs tested in accordance with appendix J.

Currently, manufacturers report IMEF, IWF, capacity, RMC, loading type, and cycle selections. Manufacturers would additionally report test cloth lot number if the proposed amendments were adopted. For RCWs manufactured after the compliance date of any future energy conservation standards based on use of appendix J, manufacturers would be required to report EER, WER, capacity, RMC, control system type, loading type, cycle selections, and test cloth lot number, if the proposed amendments are adopted.

DOE has tentatively determined that these proposed amendments would not impose additional costs for manufacturers because manufacturers of RCWs are already submitting certification reports to DOE and should have readily available the information that DOE is proposing to collect as part of this rulemaking. DOE does not believe the revised reporting requirements will cause any appreciable change in reporting burden or hours as

compared to what RCW manufacturers are currently doing today as the proposed amendments are replacement metrics or information that should be readily available.

DOE requests comment on the certification reporting costs of the amendments proposed for RCWs.

D. Pool Heaters

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

12

and use an updated efficiency metric.

Id.

at 88 FR 34704. Consistent with the May 2023 Pool Heaters Final Rule, DOE is proposing amendments to the reporting requirements for consumer pool heaters.

12

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

1. Reporting

Under the existing requirements in 10 CFR 429.24, manufacturers of gas-fired pool heaters must report: thermal efficiency in percent and input capacity in Btu/h. 10 CFR 429.24(b)(1)-(2). These requirements provide for certifying compliance with the April 16, 2013 thermal efficiency standards. The amended standards are based on a different metric: integrated thermal efficiency. (

See

88 FR 34624, 34625). DOE is proposing to update these certification requirements and align them with the energy conservation standards outlined in the May 2023 Pool Heaters Final Rule. DOE is additionally proposing general certification requirements for consumer pool heaters. DOE discusses these proposed updates in the following paragraphs.

The current standards for consumer pool heaters at 10 CFR 430.32(k) provide only minimum thermal efficiency (“TE”) requirements for gas-fired pool heaters, which does not include standby mode and off mode energy consumption. While the TE metric has historically been used to rate pool heaters, the current test procedure at appendix P to subpart B of 10 CFR part 430 (“appendix P”) includes provisions to determine the new integrated thermal efficiency (“TE

I

”) 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

I

. (88 FR 34624, 34625) In the May 2023 Pool Heaters Final Rule, DOE stated that it would consider requirements for reporting and certifying TE

I

in lieu of TE in a separate rulemaking. 88 FR 34624, 34636. DOE stated that it would also consider requirements for reporting and certifying active electrical power

13

along with the representative value for TE

I

in a separate rulemaking.

Id.

13

“Active electrical power” means the maximum electrical power consumption in active mode for an electric pool heater.

In the pool heaters energy conservation standards NOPR rulemaking (“April 2022 Pool Heaters NOPR”), DOE addressed comments from Air-Conditioning, Heating, and Refrigeration Institute (“AHRI”) regarding the level of precision required for representations of TE

I

. 87 FR 22640, 22652 (Apr. 15, 2022). AHRI suggested that, for products where the efficiency ratings are less than 100 percent, a change of one or two points may make a difference; however, for products such as heat pump pool heaters with efficiency ratings that can exceed 300 percent, a difference of one or two points is inconsequential.

Id.

DOE stated that it would consider rounding requirements for consumer pool heaters in a separate rulemaking addressing certification reports.

Id.

The April 2022 Pool Heaters NOPR sought comment on changes to certification and enforcement requirements.

Id.

DOE received comments from Rheem Manufacturing Company (“Rheem”) regarding certification provisions for consumer pool heaters. Rheem recommended that DOE update the certification provisions at 10 CFR 429.24 to require certification of TE

I

and either input capacity or active electrical power as necessary. (Rheem, Docket No. EERE-2021-BT-STD-0020, No. 19 at p. 2) Rheem also recommended that DOE evaluate adding certification provisions—similar to the requirements for consumer water heaters—which allow for the propane gas version of a basic model to be rated using the natural gas version if the propane gas input rate is within 10 percent of the natural gas input rate. (Rheem, Docket No. EERE-2021-BT-STD-0020, No. 19 at p. 10)

In response to Rheem's request to use representations of natural gas basic models for propane basic models, DOE notes that the water heater certification provisions referenced by the commenter are specifically for alternative efficiency determination methods (

see

10 CFR 429.70(g)(1)). At this time, manufacturers of consumer pool heaters are not authorized to use alternative efficiency determination methods for representations pertaining to consumer pool heaters (

see

10 CFR 429.70(a)), and the May 2023 Pool Heaters Final Rule did not establish this allowance. (88 FR 34624) Hence, DOE is not proposing special certification requirements for propane gas-fired pool heaters.

For consumer pool heaters, DOE proposes to clarify provisions for certifying input capacity, establish provisions for certifying active electrical power, and establish certification requirements for TE

I

(including rounding requirements). DOE has tentatively determined that certification of input capacity and active electrical power is necessary because these values are used to determine the TE

I

standard that applies to a pool heater.

DOE proposes to clarify that representations of input capacity for gas-fired pool heaters must be made based on the average of the input capacities measured for each tested unit of the basic model, and rounded to the nearest 1,000 Btu/h.

There are currently no certification requirements for electric pool heaters. DOE is proposing to establish requirements for active electrical power similar to those for input capacity, because these two values are analogous to each other for electric pool heaters and gas-fired pool heaters, respectively.

The May 2023 Pool Heaters Final Rule will require compliance with standards using the TE

I

metric; hence, DOE is also proposing to require certification of this value. The represented value for TE

I

would be rounded to the nearest tenth of one percent for gas-fired pool heaters. However, in consideration of the comments from AHRI indicating that the level of precision does not need to be so stringent for electric pool heaters, DOE is proposing that the value for TE

I

would be rounded to the nearest 1 percent for electric pool heaters. Until compliance with new TE

I

standards is mandatory, manufacturers of gas-fired pool heaters must still ensure that these

products comply with the current TE standards at 10 CFR 430.32(k). Therefore, DOE is maintaining the requirement for certifying TE of gas-fired pool heaters for products that must comply with TE standards. Reporting of TE

I

would become mandatory upon the compliance date of the energy conservation standards adopted in the May 2023 Pool Heaters Final Rule, May 30, 2028, at which time manufacturers would no longer be required to report TE.

DOE seeks comment on its proposal to require the reporting of input capacity, active electrical power, and integrated thermal efficiency. DOE also seeks comment on the proposed rounding requirements.

2. Reporting Costs and Impacts

In this NOPR, DOE proposes to align pool heater certification reporting requirements with the energy conservation requirements that would be applicable to pool heaters, as finalized in the May 2023 Pool Heaters Final Rule.

For gas-fired pool heaters, manufacturers currently report TE as a percentage and input capacity in Btu/h. As a result of the amended standards, manufacturers of gas-fired pool heaters would be required to report TE

I

as a percentage in lieu of TE when certifying compliance with the revised standards. For electric pool heaters, manufacturers are not currently required to submit certification reports as there are no applicable standards at this time. As a result of the amended standards, manufacturers of electric pool heaters would be required to report TE

I

as a percentage and active electrical power in Btu/h. 88 FR 34624, 34704.

DOE has tentatively determined that these proposed amendments would not impose additional costs for manufacturers of gas-fired pool heaters because manufacturers of gas-fired pool heaters are already submitting certification reports to DOE and should have the information that DOE is proposing to collect as part of this rulemaking readily available. DOE does not believe the revised reporting requirements will cause any appreciable increase in any manufacturer's reporting burden or hours compared to certifying under current gas-fired pool heater requirements. For electric pool heaters, manufacturers are not currently required to submit certification reports to DOE because electric pool heaters are not currently subject to any applicable energy conservation standards. Any manufacturer of electric pool heaters would be required to submit certification reports for electric pool heaters upon the compliance date of the amended energy conservation standards, May 30, 2028. 88 FR 34624, 34704. Costs associated with the proposed updates to reporting requirements are discussed in section IV.C of this document.

DOE requests comment on the certification reporting costs of the amendments proposed for pool heaters.

E. Dehumidifiers

DOE is proposing to amend the reporting requirements for dehumidifiers, which DOE defines as products—other than portable air conditioners, room air conditioners, or packaged terminal air conditioners—that are self-contained, electrically operated, and mechanically encased assemblies consisting of (1) a refrigerated surface (evaporator) that condenses moisture from the atmosphere; (2) a refrigerating system, including an electric motor; (3) an air-circulating fan; and (4) a means for collecting or disposing of the condensate. 10 CFR 430.2. Use of appendix X1 to subpart B of 10 CFR part 430 is currently required for any representations of energy use or efficiency of portable and whole-home dehumidifiers, including demonstrating compliance with the currently applicable energy conservation standards. Consequently, appendix X to subpart B of 10 CFR part 430 is obsolete for dehumidifiers manufactured on or after June 13, 2019. Therefore, DOE is proposing amendments to the remove the outdated appendix X reporting requirements, consistent with the proposed removal of appendix X in the test procedure NOPR published on June 9, 2022 (“June 2022 Dehumidifiers NOPR”). 87 FR 35286, 35305.

1. Reporting

Under the existing requirements in 10 CFR 429.36, manufacturers must report: energy factor in liters per kilowatt hour (“liters/kWh”) and capacity in pints per day when certifying compliance with dehumidifiers tested in accordance with appendix X. 10 CFR 429.36(b)(2)(i). However, use of appendix X is no longer permitted for compliance because use of appendix X1 to subpart B of part 430 (“appendix X1”) is required to demonstrate compliance with standards for products manufactured on or after June 13, 2019, and the June 2022 Dehumidifiers NOPR proposed the removal of appendix X. 87 FR 35286, 35305. DOE is proposing to remove the outdated appendix X certification requirements consistent with the proposed removal of appendix X in the June 2022 Dehumidifiers NOPR.

DOE seeks comment on its proposal to remove the outdated appendix X certification requirements.

2. Reporting Costs and Impacts

In this NOPR, DOE proposes to align dehumidifier certification reporting requirements with the appendix X1 test procedure requirements, use of which was required beginning on June 13, 2019, by removing the appendix X requirements applicable to dehumidifiers manufactured prior to June 13, 2019.

DOE has tentatively determined that these proposed amendments would not impose additional costs for manufacturers because the only proposed amendments are the removal of outdated requirements. DOE is not proposing any amendments to the reporting requirements associated with appendix X1 and is proposing to remove certification requirements associated with a prior appendix. Therefore, DOE does not believe the revised reporting requirements will cause any appreciable change in reporting burden or hours compared to certifying under current dehumidifier requirements.

DOE requests comment on the certification reporting costs of the amendments proposed for dehumidifiers.

F. External Power Supplies

DOE is proposing to amend the reporting requirements for EPSs. DOE defines an EPS as an external power supply circuit that is used to convert household electric current into direct current or lower-voltage AC current to operate a consumer product. 10 CFR 430.2. In the test procedure final rule published on August 19, 2022, DOE amended the appendix Z test procedure for EPSs. 87 FR 51200. Consistent with that final rule, DOE is proposing amendments to the reporting requirements.

1. Reporting

Under the existing requirements in 10 CFR 429.37(b)(2), manufacturers must report the following based on the external power supply type:

For external power supplies, manufacturers currently report the average active mode efficiency as a percentage, no-load mode power consumption in watts, nameplate output power in watts, and, if missing from the nameplate, the output current in amperes of the basic model or the output current in amperes of the highest- and lowest-voltage models within the external power supply design family.

For switch-selectable single-voltage external power supplies, manufacturers currently report the average active mode efficiency as a percentage, no-load mode power consumption in watts using the lowest and highest selectable output voltages, nameplate output power in watts, and, if missing from the nameplate, the output current in amperes.

For adaptive single-voltage external power supplies, manufacturers currently report the average active-mode efficiency as a percentage at the highest and lowest nameplate output voltages, no-load mode power consumption in watts, nameplate output power in watts at the lowest and highest nameplate output voltages, and, if missing from the nameplate, the output current in amperes at the lowest and highest nameplate output voltages.

For external power supplies that are exempt from no-load mode requirements, manufacturers currently report a statement that the product is designed to be connected to a security or life safety alarm or surveillance system component, the average active-mode efficiency as a percentage, the nameplate output power in watts, and if missing from the nameplate, the certification report must also include the output current in amperes of the basic model or the output current in amperes of the lowest- and highest-voltage models within the external power supply design family. Manufacturers of these exempt external power supplies are additionally required to report, if the aggregate total number of exempt EPSs sold as spare and service parts exceeds 1,000 units across all models: the importer or domestic manufacturer's name and address, the brand name, and the number of units sold during the most recent 12-calendar-month period ending on July 31. 10 CFR 429.37(b)(3) and 10 CFR 429.37(c).

These requirements provide for certifying compliance with the energy conservation standards applicable to EPSs manufactured on or after February 10, 2014. DOE is proposing to align the reporting requirements with the amended appendix Z test procedure, use of which was required beginning September 19, 2022, and proposing general certification requirements for EPSs. DOE discusses these proposed updates in the sections as follows.

a. Output Cord Specifications

DOE's amended EPS test procedure requires that EPSs be tested with the output cord they are shipped with. For EPSs not shipped with an output cord, the EPS must be tested with a manufacturer's recommended output cord. For EPSs not shipped with an output cord and for which the manufacturer does not recommend an output cord, the amendments specify that the EPS must be tested with a 3-foot-long output cord with a conductor thickness that is minimally sufficient to carry the maximum required current.

See

section 4(g) of appendix Z to subpart B of 10 CFR part 430.

To better align the reporting requirements with the test procedure, DOE is proposing to add a reporting requirement of the included output cord specifications (gauge and length); for EPSs not shipped with an output cord, the specifications (gauge and length) for the manufacturer's recommended output cord would be provided. For EPSs not shipped with an output cord and for which the manufacturer does not recommend an output cord, the gauge of the 3-foot-long output cord will be provided.

DOE seeks comment on its proposal to require the reporting of output cord specifications for EPSs.

b. Output Voltage

In DOE's current EPS test procedure and energy conservation standards, determining factors for EPS type and product class are the nature of the output voltage and its measured value. Output voltage type—(

i.e.

AC, DC, multiple voltage and/or adaptive) determines the applicable portion of the test procedure and the template that must be used for certification purposes. The measured value of the voltage determines whether the EPS falls within the basic or low voltage product class. To better align the reporting requirements with the test procedure and energy conservation standards for EPSs, DOE is proposing to add a reporting requirement for the measured output voltage for each port.

DOE seeks comment on its proposal to require the reporting of measured output voltage for EPSs for each port.

c. Additional Date Reporting Requirements for Exempt EPSs

To further clarify the time period during which the exempt EPSs were sold, DOE is proposing to further require the manufacturer to report the applicable timeframe of which the number of exempt EPSs were sold.

DOE seeks comment on its proposal to require manufacturers of exempt EPSs to report the year for which the sales number being reported represents.

2. Reporting Costs and Impacts

In this NOPR, DOE proposes to align EPS certification reporting requirements with the revised appendix Z test procedure requirements, use of which was required beginning September 19, 2022.

For switch-selectable single-voltage external power supplies, manufacturers currently report the average active mode efficiency as a percentage, no-load mode power consumption in watts using the lowest and highest selectable output voltages, nameplate output power in watts, and, if missing from the nameplate, the output current in amperes, and would additionally report included or recommended output cord specifications and the measured output voltage at the lowest and highest selectable output voltages if the proposed amendments are adopted.

For adaptive single-voltage external power supplies, manufacturers currently report the average active-mode efficiency as a percentage at the highest and lowest nameplate output voltages, no-load mode power consumption in watts, nameplate output power in watts at the lowest and highest nameplate output voltages, and, if missing from the nameplate, the output current in amperes at the lowest and highest nameplate output voltages, and would additionally report included or recommended output cord specifications and the measured output voltage at the lowest and highest nameplate output voltages if the proposed amendments are adopted.

For external power supplies that are exempt from no-load mode requirements, manufacturers currently report a statement that the product is designed to be connected to a security or life safety alarm or surveillance system component, the average active-mode efficiency as a percentage, the nameplate output power in watts, and if missing from the nameplate, the certification report must also include the output current in amperes of the basic model or the output current in amperes of the lowest- and highest-voltage models within the external power supply design family, and would additionally report included or recommended output cord specifications and the measured output voltage or the measured output voltage of the lowest and highest voltage models within the external power supply design family, and the timeframe of which these exempt EPSs were sold, if the proposed amendments are adopted.

For all other external power supplies, manufacturers currently report the average active mode efficiency as a percentage, no-load mode power consumption in watts, nameplate output power in watts, and, if missing from the nameplate, the output current in

amperes of the basic model or the output current in amperes of the highest- and lowest-voltage models within the external power supply design family, and would additionally report included or recommended output cord specifications and the measured output voltage or the measured output voltage of the lower and highest voltage models within the external power supply design family if the proposed amendments are adopted.

DOE has tentatively determined that these proposed amendments would not impose additional costs for manufacturers because manufacturers of EPSs are already submitting certification reports to DOE and should have readily available the information that DOE is proposing to collect as part of this rulemaking. DOE does not believe the revised reporting requirements will cause any appreciable change in reporting burden or hours as compared to what EPS manufacturers are currently doing today.

DOE requests comment on the certification reporting costs of the amendments proposed for EPSs.

G. Battery Chargers

DOE is proposing to amend the reporting requirements for battery chargers, which DOE defines as devices that charge batteries for consumer products, including battery chargers embedded in other consumer products. 10 CFR 430.2. In the test procedure final rule published on September 8, 2022 (“September 2022 Battery Charger Final Rule”), DOE amended the scope of coverage and test procedure provisions for battery chargers. 87 FR 55090. On March 15, 2023, DOE published an energy conservation standards NOPR for battery chargers that was developed based on the amended test procedure. 88 FR 16112. Consistent with the test procedure final rule and the energy conservation standards NOPR, DOE is proposing to reorganize current reporting requirements and add new reporting requirements that would become mandatory upon the compliance date of any future amended energy conservation standards for battery chargers.

1. Reporting

Under the existing requirements in 10 CFR 429.39, manufacturers must report: (1) the nameplate battery voltage of the test battery in volts, the nameplate battery charge capacity of the test battery in ampere-hours, and the nameplate battery energy capacity of the test battery in watt-hours; and (2) the represented values for the maintenance mode power (P

m

), standby mode power (P

sb

), off mode power (P

off

), battery discharge energy (E

batt

), 24-hour energy consumption (E

24

), duration of the charge and maintenance mode test (t

cd

), and unit energy consumption (UEC); and (3) the manufacturer and model of the test battery, and the manufacturer and model, when applicable, of the external power supply. 10 CFR 429.39. These requirements provide for certifying compliance with the energy conservation standards applicable to battery chargers manufactured on or after June 13, 2018. DOE is proposing to reorganize these requirements and align the reporting requirements with the amended test procedure at appendix Y to subpart B of part 430 (“appendix Y”), use of which was required beginning on March 7, 2023. DOE is also proposing new reporting requirements to the certification requirements for battery chargers tested under appendix Y1 to subpart B of part 430 (“appendix Y1”), use of which would be required upon the compliance date of any future amended energy conservation standards for battery chargers. DOE discusses these proposed appendix Y1 updates in the sections as follows.

a. Reporting Requirements for Battery Chargers Tested Under Appendix Y1

In the September 2022 Battery Charger Final Rule, DOE established a new appendix Y1 for the multi-metric testing approach for battery chargers. Under the new multi-metric testing approach, instead of computing and reporting the UEC value, which captures the performance of a battery charger in all modes of operation into a single metric, manufacturers are required to calculate and report the battery charger energy and power values for each mode of operation separately. These modes consist of active charge mode, standby mode, and off mode. 87 FR 55090, 55100-55105.

DOE is proposing to update the battery charger reporting requirements in 10 CFR 429.39 to align with the new multi-metric test procedure by (1) removing the UEC reporting requirement for both wired and fixed-location wireless battery chargers tested under appendix Y1, and (2) adding reporting requirements for active charge energy E

a

and no-battery mode power P

nb

. Additionally, DOE is proposing to include active charge energy E

a

(as measured in accordance with appendix Y1) as an optional reporting requirement when certifying compliance with the existing appendix Y requirements to assist DOE in gathering data for any future amended energy conservation standards. Whether manufacturers choose to report this proposed optional information would have no impact on the validity of representations made when certifying compliance with appendix Y or the current energy conservation standards.

DOE seeks comment on the proposed updates to reporting requirements for wired and fixed-location wireless battery chargers tested under appendix Y1.

b. Reporting Requirements for Open-Placement Wireless Battery Chargers Tested Under Appendix Y1

In the September 2022 Battery Charger Final Rule, DOE also expanded the battery charger testing scope to include testing of fixed-location wireless chargers in all modes of operation and testing of open-placement wireless chargers in no-battery mode only. 87 FR 55090, 55095-55098.

Under the current appendix Y test procedure, all modes of operation would need to be tested for battery chargers covered under the test procedure scope. As such, there was no need to differentiate the reporting requirements for wired vs. wireless chargers. However, under appendix Y1, open-placement wireless chargers will only need to be tested in the no-battery mode of operation. Accordingly, DOE is proposing to further specify that for open-placement wireless chargers, only the no-battery mode power, P

nb

, would need to be reported.

DOE seeks comment on the proposal to further specify the reporting requirements for open-placement wireless battery chargers tested under appendix Y1.

2. Reporting Costs and Impacts

In this NOPR, DOE proposes to align battery charger certification reporting requirements with the amended appendix Y test procedural requirements, use of which was required beginning on October 11, 2022, and the newly established appendix Y1 test procedure, use of which would be required at such time as compliance is required with any amended energy conservation standards based on these new metrics as measured using appendix Y1.

For wired chargers tested under current appendix Y, manufacturers currently report (1) the nameplate battery voltage of the test battery in volts, the nameplate battery charge capacity of the test battery in ampere-hours, and the nameplate battery energy capacity of the test battery in watt-hours; and (2) the represented values for the P

m

, P

sb

, P

off

, E

batt

, E

24

, t

cd

, and UEC; and (3) the manufacturer and model of the test battery, and the manufacturer

and model, when applicable, of the external power supply. If the proposed amendments are adopted, when tested under appendix Y1, instead of reporting UEC and E

24

values, manufacturers would report the active charge energy (E

a

). Manufacturers would additionally report no-battery mode power, P

nb

.

For fixed-location wireless chargers tested under appendix Y1, manufacturers would need to report (1) the nameplate battery voltage of the test battery in volts, the nameplate battery charge capacity of the test battery in ampere-hours, and the nameplate battery energy capacity of the test battery in watt-hours; and (2) the represented values for the P

m

, P

nb

, P

sb

, P

off

, E

batt

, E

a

, and duration of the charge and t

cd

; and (3) the manufacturer and model of the test battery, and the manufacturer and model—when applicable—of the external power supply, if the proposed amendments are adopted.

For open-placement wireless chargers tested under appendix Y1, manufacturers would need to report the represented values for P

nb

, and the manufacturer and model, when applicable, of the external power supply, if the proposed amendments are adopted.

DOE has tentatively determined that these proposed amendments would not impose additional costs for manufacturers because manufacturers of battery chargers are already submitting certification reports to DOE and the additional information that DOE is proposing to collect as part of this rulemaking should be readily available to manufacturers and would not require additional testing. DOE does not believe the revised reporting requirements will cause any appreciable change in reporting burden or hours as compared to what battery charger manufacturers are currently doing today.

DOE requests comment on the certification reporting costs of the amendments proposed for battery chargers.

H. Computer Room Air Conditioners

DOE is proposing to amend the reporting requirements for CRACs. DOE defines “computer room air conditioner” as a basic model of commercial package air-conditioning and heating equipment (packaged or split) that is: used in computer rooms, data processing rooms, or other information technology cooling applications; rated for sensible coefficient of performance (SCOP) and tested in accordance with 10 CFR 431.96; and is not a covered consumer product under 42 U.S.C. 6291(1)-(2) and 42 U.S.C. 6292. A CRAC may be provided with, or have as available options, an integrated humidifier, temperature and/or humidity control of the supplied air, and reheating function. 10 CFR 431.92. In the energy conservation standards final rule published in the

Federal Register

on June 2, 2023 (June 2023 CRACs final rule), DOE amended the energy conservation standards for CRACs and adopted the net sensible coefficient of performance (NSenCOP) metric. 88 FR 36392. Consistent with the June 2023 CRACs final rule, DOE is proposing amendments to the reporting requirements for CRACs.

1. Reporting

Under the existing reporting requirements for CRACs in 10 CFR 429.43(b)(2)(ix), manufacturers must report: net sensible cooling capacity in Btu/h, net cooling capacity in Btu/h, configuration (upflow/downflow), economizer presence (or lack thereof), condenser medium (air, water, or glycol-cooled), SCOP, and rated airflow in standard cubic feet per minute (SCFM). These requirements provide for certifying compliance with the standards applicable to CRACs manufactured on or after October 29, 2012, for units of capacity less than 65,000 Btu/hr. and October 29, 2013, for the remainder of covered CRACs. DOE is proposing to update these requirements and align the reporting requirements with the energy conservation standards in the June 2023 CRACs final rule. DOE is also proposing other general certification requirements for CRACs to better ascertain applicable standards and represented values, including whether the basic model is split system or single-package, unit configuration, and refrigerant utilized. DOE discusses these proposed updates in the sections as follows.

a. Revising Certification Reporting Requirements at 10 CFR 429.43(b)(2)(ix) When Certifying With NSenCOP Standards

Manufacturers are currently required to certify compliance with SCOP standards, in addition to the other equipment-specific reporting requirements. In this NOPR, DOE is proposing to amend the certification requirements to allow certifying compliance with NSenCOP standards and related equipment-specific reporting requirements. Specifically, DOE proposes to place the existing reporting requirements for SCOP standards in new 10 CFR 429.43(b)(2)(ix)(A), and to place the new reporting requirements for NSenCOP standards in new 10 CFR 429.43(b)(2)(ix)(B). The NSenCOP standard reporting requirements include the net sensible cooling capacity in Btu/h, the net total cooling capacity in Btu/h, whether the basic model is split system or single-package, the configuration (

e.g.,

downflow, upflow ducted, upflow non-ducted, horizontal flow, ceiling-mounted ducted, ceiling-mounted non-ducted), fluid economizer presence (or lack thereof), condenser heat rejection medium (air, water, or glycol-cooled), NSenCOP, rated airflow in SCFM, and the refrigerant used to determine the represented values at 10 CFR 429.43(b)(2)(ix).

DOE seeks comment on its proposal to require the reporting of net sensible cooling capacity in Btu/h, the net total cooling capacity in Btu/h, whether the basic model is split system or single-package, the configuration (

e.g.,

downflow, upflow ducted, upflow non-ducted, horizontal flow, ceiling-mounted ducted, ceiling-mounted non-ducted), fluid economizer presence (or lack thereof), condenser heat rejection medium (air, water, or glycol-cooled), NSenCOP, rated airflow in SCFM, and the refrigerant used to determine the represented values.

b. Adding Supplemental Testing Instructions for CRACs at 10 CFR 429.43(b)(4)(viii)

Currently, manufacturers must submit supplemental information regarding additional testing instructions, if applicable, and specify which special features, if any, were included in rating the basic model. 10 CRF 429.43(b)(4)(viii). The supplemental information submitted in PDF format allows for third-party testing of equipment. For CRACs, there are currently no specific requirements for the supplemental PDF. For SCOP certification, DOE proposes to maintain the current requirements of 10 CFR 429.43(b)(4)(viii), but move them to 10 CFR 429.43(b)(4)(viii)(A). For NSenCOP certification, DOE proposes to specify the information required in supplemental testing instructions that would enable independent testing of the relevant equipment and to align with the corresponding requirements for CUACs, where appropriate. This includes, but is not limited to supplementary information about compressor break-in period duration, control set points, optional motor/drive kits and associated settings, and any other additional testing instructions. DOE proposes to add these new provisions when certifying to NSenCOP in 10 CFR 429.43(b)(4)(viii)(B).

The proposed certification requirements provide further direction to the existing requirements and would not result in significant additional burden for manufacturers. Where DOE identifies specific test-related information, the relevant information is already collected by or available to the manufacturer, and as such, reporting that information to DOE would result in minimal additional burden.

DOE seeks comment on its proposed supplemental testing instructions requirements for CRACs when certifying compliance with NSenCOP standards.

c. Certification of Model Numbers for Split Systems

DOE's current certification reporting requirements for CRACs at 10 CFR 429.43(b)(2)(ix) do not specify the model numbers that the manufacturer must certify. Specifically, for split systems, the current regulations do not explicitly require certification of both the outdoor and indoor unit model numbers. Therefore, DOE is proposing at 10 CFR 429.43(b)(6) to clarify that the manufacturer must certify individual model numbers for both the indoor unit and the outdoor unit.

DOE seeks comment on its proposal to require the reporting of both indoor unit and outdoor unit individual model numbers for split-system CRACs.

d. AEDM Tolerance for NSenCOP

DOE's existing testing regulations allow the use of an alternative efficiency determination method (AEDM), in lieu of testing, to simulate the efficiency of CRACs. 10 CFR 429.43(a). For models certified with an AEDM, results from DOE verification tests are subject to certain tolerances when compared to certified ratings. Currently, DOE specifies a 5-percent tolerance for CRAC verification tests for SCOP, identical to the current tolerance specified for single-point metrics (

i.e.,

EER and COP) for other categories of commercial air conditioners and heat pumps.

See

table 2 to paragraph (c)(5)(vi)(B) at 10 CFR 429.70. In alignment with the tolerance specified for SCOP, DOE is proposing to specify a tolerance of 5 percent for CRAC verification tests for NSenCOP.

DOE seeks comment on its proposal to specify a tolerance of 5 percent for CRAC verification tests for NSenCOP.

2. Reporting Costs and Impacts

In this NOPR, DOE proposes to align CRAC certification reporting requirements with the amended energy conservation standards in the June 2023 CRACs Final Rule.

DOE has tentatively determined that these proposed amendments would not impose additional costs for manufacturers because manufacturers of CRACs are already submitting certification reports to DOE and should have readily available the information that DOE is proposing to collect as part of this rulemaking. DOE does not believe the revised reporting requirements will cause any appreciable change in reporting burden or hours as compared to what CRACs manufacturers are currently doing.

DOE requests comment on the certification reporting costs of the amendments proposed for CRACs.

I. Direct Expansion-Dedicated Outdoor Air Systems

DOE is proposing to establish reporting requirements for DX-DOASes. DOE defines “direct expansion-dedicated outdoor air system” as a basic model of commercial package air-conditioning and heating equipment (packaged or split) that is a unitary dedicated outdoor air system

14

that is capable of dehumidifying air to a 55 °F dew point—when operating under Standard Rating Condition A as specified in Table 4 or Table 5 of AHRI (I-P)-2020, “Performance Rating of DX-Dedicated Outdoor Air System Units” (“AHRI 920-2020”) with a barometric pressure of 29.92 in Hg—for any part of the range of airflow rates advertised in manufacturer materials, and has a moisture removal capacity of less than 324 pounds per hour (“lb/h”). 10 CFR 431.92. In the DX-DOAS energy conservation standards final rule published on November 1, 2022 (“November 2022 DX-DOAS Final Rule”), DOE adopted energy conservation standards for DX-DOASes. 87 FR 65651. Consistent with that final rule, DOE is proposing to establish reporting requirements for DX-DOASes.

14

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

1. Reporting

Prior to the adoption of energy conservation standards in the November 2022 DX-DOAS Final Rule, there were no energy conservation standards for DX-DOASes in 10 CFR 431.97, nor were there reporting requirements for this equipment in 10 CFR 429.43.

15

Because DOE has now adopted energy conservation standards for DX-DOASes, DOE is proposing to establish reporting requirements in alignment with the standards adopted in the November 2022 DX-DOAS Final Rule. DOE discusses these proposals in the following sections.

15

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

a. Addition of Certification Requirements To Include the New Metrics, ISMRE2 and ISCOP2

In this NOPR, DOE is proposing certification requirements for certifying compliance with the new energy conservation standards for DX-DOAS, expressed in integrated seasonal moisture removal efficiency 2 (“ISMRE2”) and integrated seasonal coefficient of performance 2 (“ISCOP2”), as adopted in the November 2022 DX-DOAS Final Rule. Specifically, DOE proposes to add new 10 CFR 429.43(b)(2)(xi)(A) and require the following when certifying compliance with an ISMRE2 standard: the ISMRE2 in lb/kWh, the rated moisture removal capacity at Standard Rating Condition A according to AHRI 920-2020 (incorporated by reference;

see

10 CFR 429.4) (MRC in lb/h), and the rated supply airflow rate for 100 percent outdoor air applications (Q

SA

in standard cubic feet per minute). The moisture removal capacity is used for certifying compliance and the rated supply airflow rate must be specified to determine how to test a basic model according to the DOE test procedure at appendix B to subpart F of 10 CFR part 431.

Additionally, DOE proposes to require the following at 10 CFR 429.43(b)(2)(xi)(B) when certifying compliance with an ISCOP2 standard in addition to an ISMRE2 standard

16

: the ISCOP2 in watts of heating per watts of power input (“W/W”).

16

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

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

DOE seeks comment on requiring the reporting of ISMRE2 and ISCOP2 to certify compliance with the standards applicable to DX-DOASes manufactured on or after May 1, 2024. DOE also seeks comment on reporting rated moisture removal capacity and rated supply airflow rate.

b. Reporting Requirements for DX-DOASes With Ventilation Energy Recovery Systems

In the November 2022 DX-DOAS Final Rule, DOE adopted product-specific enforcement provisions for DX-DOASes in 10 CFR 429.134(s) in addition to the revised energy conservation standards. These enforcement provisions specify how DOE would determine the ISMRE2 and ISCOP2 values when conducting enforcement testing for DX-DOASes with Ventilation Energy Recovery Systems (“VERS”). As outlined in § 429.134(s)(2)-(3), these provisions rely on values of VERS performance certified to DOE as the basis for determining the ISMRE2 and/or ISCOP2 of the basic model being tested in some scenarios.

To inform DOE's enforcement testing, DOE is proposing additional non-public certification reporting requirements for DX-DOASes with VERS in new subparagraph 10 CFR 429.43(b)(3)(iii). These reporting requirements include the method of determination of the exhaust air transfer ratio (“EATR”), sensible effectiveness, latent effectiveness of the ventilation energy recovery system

(

name and version of certified performance modeling software or if the device was directly tested), the test method (

i.e.,

Option 1 or Option 2) for units rated based on testing, and motor control settings (including rotational speed) for energy recovery wheels—all of which would be used by DOE to determine ISMRE2 and/or ISCOP2 for enforcement testing and would be considered non-public information if adopted.

DOE seeks comment on its proposal to include reporting requirements for DX-DOASes with ventilation energy recovery systems.

c. Supplemental Testing Instructions

Currently, manufacturers of other covered commercial HVAC equipment types must submit in PDF format supplemental information regarding additional testing instructions, if applicable, and they must also specify which, if any, special features were included in rating the basic model. 10 CFR 429.43(b)(4). The supplemental information submitted in PDF format allows for third-party testing of equipment. Consistent with other commercial HVAC equipment types, DOE proposes to specify information required in supplemental testing instructions submitted in PDF format for DX-DOASes to enable independent testing of the relevant equipment and to align with the corresponding requirements for CUACs, where appropriate.

Specifically, for all DX-DOASes, DOE is proposing the following content requirements for the supplemental instructions PDF attachment: water flow rate in gallons per minute (“gpm”) for water-cooled and water-source units, rated external static pressure (“ESP”) in inches of water column for the supply air stream, frequency or control set points for variable speed components (

e.g.,

compressors, Variable Frequency Drives (“VFDs”)), required dip switch/control settings for step or variable components (

e.g.,

reheat or head pressure control valves), a statement as to whether the model will operate at test conditions without manufacturer programming, and any additional testing instructions specified in AHRI 920-2020, if applicable (

e.g.,

supply air dry bulb temperatures for ISMRE2 tests, equipment settings for airflow, installation priority for split-system units, defrost control settings for air-source heat pump units, compressor break-in period, or condenser head pressure controls). Additionally, if a variety of motors/drive kits are offered for sale as options in the basic model to account for varying installation requirements, DOE is proposing that the supplemental file also include the model number, the specifications of the motor (including efficiency, horsepower, open/closed, and number of poles) and the drive kit (including settings) associated with that specific motor that were used to determine the certified rating.

For DX-DOASes with VERS, DOE is proposing the following additional content requirements for the supplemental instruction PDF attachment: rated ESP in inches of water column for the return air stream, exhaust air transfer ratio at the rated supply airflow rate and a neutral pressure difference between return and supply airflow (EATR as a percent value), sensible and latent effectiveness of the ventilation energy recovery system at 75 percent of the nominal supply airflow and zero pressure differential, sensible and latent effectiveness of the ventilation energy recovery system at 100 percent of the nominal supply airflow and zero pressure differential, and any additional testing instructions, if applicable (

e.g.,

deactivation of VERS or VERS bypass in accordance with section 5.4.3 of AHRI 920-2020).

DOE seeks comment on its proposal to require supplemental testing instruction file contents for DX-DOASes.

2. Reporting Costs and Impacts

The addition of reporting requirements for DX-DOASes would newly require manufacturers to report this information. DOE discusses reporting cost impacts corresponding to this proposal in section IV.C of this document.

DOE requests comment on its proposal to add new reporting requirements for DX-DOASes.

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

DOE is proposing to amend the reporting requirements for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h VRF. Three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h VRF are both categories of small commercial package air conditioning and heating equipment. Commercial package air-conditioning and heating equipment may be air cooled, water cooled, evaporatively cooled, or water source based (not including ground water source). This equipment is electrically operated and designed as unitary central air conditioners or central air conditioning heat pumps for use in commercial applications. 10 CFR 431.92.

In the energy conservation standards (“ECS”) final rule published in the

Federal Register

on June 2, 2023 (“June 2023 3-Phase Final Rule”), DOE amended energy conservation standards for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h VRF to be in terms of the new cooling and heating metrics, SEER2 and HSPF2, respectively, as determined by using the new test procedure at appendix F1 to subpart F of 10 CFR part 431. 88 FR 36368. Consistent with that final rule, DOE is proposing amendments to the reporting requirements for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h VRF.

1. Reporting

Under the existing requirements in 10 CFR 429.67(f)(2)(i) and (ii) for three-

phase, less than 65,000 Btu/h ACUACs and ACUHPs, manufacturers must report the seasonal energy efficiency ratio (“SEER”) in British thermal units per Watt-hour (“Btu/Wh”), the rated cooling capacity in Btu/h, and (for heat pumps) the heating seasonal performance factor (“HSPF”) in Btu/Wh.

Under the existing requirements in 10 CFR 429.67(f)(2)(iii) and (iv) for three-phase, less than 65,000 Btu/h VRF, manufacturers must report the SEER in Btu/Wh, rated cooling capacity in Btu/h, and (for heat pumps) the HSPF in Btu/Wh.

These requirements provide for certifying compliance with the standards applicable to three-phase, less than 65,000 Btu/h ACUACs and ACUHPs manufactured on or after January 1, 2017, and the standards applicable to three-phase, less than 65,000 Btu/h VRF manufactured on or after June 16, 2008. 88 FR 36368, 36389. DOE is proposing to update these reporting requirements to align with the amended standards adopted by the June 2023 3-Phase Final Rule that apply to three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h VRF manufactured on or after January 1, 2025. 88 FR 36368, 36389. Additionally, DOE is proposing general certification requirements for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h VRF. DOE discusses these proposed updates in the sections as follows.

a. Updating the Certification Requirements To Include the New Metrics, SEER2 and HSPF2

In the June 2023 3-Phase Final Rule, DOE amended energy conservation standards for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h VRF to be in terms of the new cooling and heating metrics, SEER2 and HSPF2.

Id.

Accordingly, in this document, DOE is proposing to update the certification requirements at 10 CFR 429.67(f)(2) to include ratings in terms of SEER2 and HSPF2, which will become the required reporting metrics upon the compliance date of the amended standards. Manufacturers may use appendix F1 to certify compliance with the amended standards based on SEER2 and HSPF2 prior to the applicable compliance date for the amended energy conservation standards.

DOE seeks comment on its proposal to require the reporting of new metrics, such as SEER2 and HSPF2.

b. Aligning Basic Model Number and Individual Model Number(s) Reporting Requirements With Single-Phase Products

DOE proposes to include additional instructions regarding the basic model number and individual model number(s) required to be reported under 10 CFR 429.12(b)(6); this proposal is consistent with the requirement for single-phase products and represents readily available information to the manufacturer regarding the requirements for three-phase equipment.

Specifically, DOE would require in new subparagraph 10 CFR 429.67(f)(4) that the basic model number and individual model number(s) reported under 10 CFR 429.12(b)(6) consist of the following:

Equipment type

Basic model

number

Individual model number(s)

1

2

3

Single-Package (including Space-Constrained)

Number unique to the basic model

Package

N/A

N/A.

Single-Split System (including Space-Constrained and SDHV)

Number unique to the basic model

Outdoor Unit

Indoor Unit

If applicable—Air Mover (could be same as indoor unit if fan is part of indoor unit model number).

Multi-Split, Multi-Circuit, and Multi-Head Mini-Split System (including Space-Constrained and SDHV)

Number unique to the basic model

Outdoor Unit

When certifying a basic model based on tested combination(s): * * * When certifying an individual combination: Each indoor units paired with the outdoor unit

If applicable—When certifying a basic model based on tested combination(s): * * *. When certifying an individual combination: Each air movers paired with the outdoor unit.

Outdoor Unit with No Match

Number unique to the basic model

Outdoor Unit

N/A

N/A.

c. Outdoor Units With No Match

For three-phase, less than 65,000 Btu/h ACUACs and ACUHPs with outdoor units having no matching indoor component, DOE proposes requiring that in addition to any supplemental testing instructions used to satisfy the existing requirement in 10 CFR 429.67(f)(3), supplemental testing instructions also include any additional testing and testing set up instructions necessary to operate the basic model under the required conditions specified by the test procedure. Specifically, manufacturers must provide information regarding the following characteristics of the indoor coil: the face area, the coil depth in the direction of airflow, the fin density (fins per inch), the fin material, the fin style, the tube diameter, the tube material, and the numbers of tubes high and deep. This proposed requirement would be consistent with the 10 CFR 429.16 requirement for single-phase products, as well as with the test requirements in the 2019 edition of American Society of Heating, Refrigerating and Air-Conditioning Engineers (“ASHRAE”) Standard 90.1 “

Energy Standard for Buildings Except Low-Rise Residential Buildings

” (“ASHRAE 90.1-2019”), which, in turn, references ANSI/AHRI 210/240, “

2023 Standard for Performance Rating of Unitary Air-conditioning & Air-source Heat Pump Equipment

” (“AHRI 210/240-2023”). Therefore, this information should be readily available to manufacturers and will not add manufacturer burden.

d. Sampling Corrections

Currently, DOE's sampling provisions for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h VRF state that any represented value of cooling capacity and heating capacity must each be a self-declared value that is less than or equal to the lower of the mean of the sample, or the lower 90 percent confidence limit of the true mean (“LCL”) divided by 0.95. 10 CFR 429.67(c)(2)(ii)(A)(2). The sampling provisions also state that the LCL should be calculated using the Student's t-Distribution Values for a 90 percent one-tailed confidence interval with n-1 degrees of freedom from appendix D to subpart B of part 429, where “n” is the number of samples.

Id.

However, the appendix containing Student's t-Distribution Values has moved to appendix A to subpart B of part 429 (“appendix A”). To correct this discrepancy, DOE is proposing to revise 10 CFR 429.67(c)(2)(ii)(A)(2) to specify that the LCL should be calculated using

the Student's t-Distribution Values for a 90 percent one-tailed confidence interval outlined in appendix A.

DOE seeks comment on its proposal to correct the sampling provisions for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h VRF to reference appendix A.

2. Reporting Costs and Impacts

In this NOPR, DOE proposes to align the three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h VRF certification reporting requirements with the amended standards adopted by the June 2023 3-Phase Final Rule that apply to products manufactured on or after January 1, 2025. 88 FR 36368.

For three-phase, less than 65,000 Btu/h ACUACs and three-phase, less than 65,000 Btu/h VRF air conditioners, manufacturers currently report SEER in Btu/Wh and rated cooling capacity in Btu/h, but would report SEER2 in Btu/Wh in lieu of SEER to conform with the amended standards. For three-phase, less than 65,000 Btu/h ACUHPs and three-phase, less than 65,000 Btu/h VRF heat pumps, manufacturers currently report SEER in Btu/Wh, HSPF in Btu/Wh, and rated cooling capacity in Btu/h, but would be required to report SEER2 in Btu/Wh and HSPF2 in Btu/Wh in lieu of SEER and HSPF to conform with the amended standards.

DOE has tentatively determined that these proposed amendments would not impose additional costs for manufacturers because manufacturers of three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h VRF are already submitting certification reports to DOE and should have readily available the information that DOE is proposing to collect as part of this rulemaking. DOE does not believe the revised reporting requirements will cause any appreciable change in reporting burden or hours as compared to what three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h VRF manufacturers are doing currently.

DOE requests comment on the certification reporting costs of the amendments proposed for three-phase, less than 65,000 Btu/h ACUACs and ACUHPs and three-phase, less than 65,000 Btu/h VRF.

K. Commercial Water Heating Equipment

DOE is proposing to amend the reporting requirements for commercial water heating equipment. EPCA prescribes energy conservation standards for several classes of CWH equipment manufactured on or after January 1, 1994. (42 U.S.C. 6313(a)(5)) DOE codified these standards in its regulations for CWH equipment at 10 CFR 431.110. However, when codifying these standards from EPCA, DOE inadvertently omitted the standards put in place by EPCA for electric instantaneous water heaters, which are instantaneous water heaters with a rated input both greater than 12 kW and not less than 4,000 Btu/h per gallon of stored water (

see

10 CFR 431.102). Therefore, in a NOPR published on May 19, 2022 (“May 2022 CWH NOPR”), DOE proposed to codify these standards in its regulations at 10 CFR 431.110. 87 FR 30610, 30622.

DOE is proposing to establish reporting requirements for commercial electric instantaneous water heaters (except for residential-duty commercial electric instantaneous water heaters for which certification is already addressed in 10 CFR 429.44), consistent with the May 2022 CWH NOPR.

Additionally, DOE is proposing to add reporting requirements for commercial electric storage water heaters to ensure that the input rating of all certified models exceeds the 12 kW threshold that is part of the definition of electric storage water heaters at 10 CFR 431.102.

1. Reporting

Under the existing requirements in 10 CFR 429.44, manufacturer certification reports for commercial water heating equipment are not required to include information about electric instantaneous water heaters. 10 CFR 429.44(c)(2).

Therefore, for commercial electric instantaneous water heaters of all storage volumes (except for residential-duty commercial electric instantaneous water heaters), DOE is proposing to add certification requirements for thermal efficiency, storage volume, rated input, and whether the storage volume is determined using a weight-based test (in accordance with 10 CFR 431.106) or the calculation-based method (in accordance with 10 CFR 429.72(e), as discussed in the following paragraph). For electric instantaneous water heaters with storage volume greater than or equal to 10 gallons (and thus subject to a standby loss standard), DOE is also proposing to require that the following information be certified to ensure compliance with standby loss standards and to enable DOE to understand how the standby test was conducted for each basic model: (1) standby loss, (2) whether the water heater initiates heating element operation based on a temperature-controlled call for heating that is internal to the water heater, (3) whether the water heater includes an integral pump purge functionality, and (4) the default duration of the pump off delay (for models equipped with integral pump purge).

Similarly, DOE is proposing to allow use of a calculation-based method for determining the storage volume of electric instantaneous water heaters that is the same as the method for gas-fired and oil-fired instantaneous water heaters and hot water supply boilers found at 10 CFR 429.72(e). Furthermore, DOE is proposing to clarify that the method for calculating volume for instantaneous water heaters found at 10 CFR 429.72(e) does not apply to storage-type instantaneous water heaters.

Finally, for commercial electric storage water heaters, DOE is proposing to add a certification requirement for rated input to ensure that the input rating of all certified models exceeds the 12 kW threshold that is part of the definition of electric storage water heaters at 10 CFR 431.102. DOE proposes that manufacturers would be required to comply with the certification requirement beginning on the date of the next annual filing of certification reports required for CWH equipment following the publication of a final rule.

17

17

The annual certification report filings for commercial water heating equipment are due on May 1.

See

10 CFR 429.12.

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

DOE seeks comment on its proposal to add a requirement for the reporting of rated input for commercial electric storage water heaters.

2. Reporting Costs and Impacts

In this NOPR, DOE proposes to align the certification reporting requirements for commercial electric instantaneous water heaters (except for residential-duty commercial electric instantaneous water heaters) with the energy conservation standards for such equipment as required by EPCA, and as proposed to be codified at 10 CFR 431.110 by the May 2022 CWH NOPR.

Manufacturers of commercial electric instantaneous water heaters (except for residential-duty commercial electric instantaneous water heaters) do not currently report any information about the performance or characteristics of such equipment, but would be required to report thermal efficiency, storage volume, rated input, and whether the storage volume is determined using a weight-based test (in accordance with 10 CFR 431.106) or the calculation-based method (in accordance with 10 CFR 429.72(e)).

Additionally, for electric instantaneous water heaters with storage volume greater than or equal to 10 gallons (and thus subject to a standby loss standard), manufacturers would also be required to report standby loss, whether the water heater initiates heating element operation based on a temperature-controlled call for heating that is internal to the water heater, whether the water heater includes an integral pump purge functionality, and the default duration of the pump off delay (for models equipped with integral pump purge).

Any manufacturer of commercial electric instantaneous water heaters would be required to begin submitting certification reports. Costs associated with the proposed updates to reporting requirements are discussed in section IV.C of this document.

In this NOPR, DOE also proposes to amend the certification reporting requirements for commercial electric storage water heaters to require manufacturers to report rated input.

DOE has tentatively determined that these proposed amendments would not impose additional costs for manufacturers of commercial electric storage water heaters because they are already submitting certification reports to DOE and should have readily available the information that DOE is proposing to collect as part of this rulemaking. DOE does not believe the revised reporting requirements will cause any appreciable change in reporting burden or hours as compared to what commercial electric storage water heaters manufacturers are currently doing today.

DOE requests comment on the certification reporting costs of the amendments proposed for commercial electric instantaneous water heaters and commercial electric storage water heaters.

L. Automatic Commercial Ice Makers

DOE is proposing to amend the reporting requirements for ACIMs, which are factory-made assemblies (not necessarily shipped in 1 package) that (1) consist of a condensing unit and ice-making section operating as an integrated unit, with means for making and harvesting ice; and (2) may include means for storing ice, dispensing ice, or storing and dispensing ice. 10 CFR 431.132. In the November 1, 2022 Automatic Commercial Ice Maker Test Procedure Final Rule (“November 2022 ACIM Final Rule”), DOE replaced the terms “maximum energy use” and “maximum condenser water use” with “energy use” and “condenser water use,” respectively, for ACIMs. 87 FR 65856, 56892. Consistent with that rulemaking, DOE is proposing amendments to the reporting requirements for ACIMs.

1. Reporting

Under the existing requirements in 10 CFR 429.45, manufacturers must report maximum energy use in kilowatt hours (“kWh”) per 100 pounds of ice, maximum condenser water use in gallons per 100 pounds of ice, harvest rate in pounds of ice per 24 hours, type of cooling, and equipment type. 10 CFR 429.45(b)(2). These requirements provide for certifying compliance with the standards applicable to ACIMs manufactured on or after January 28, 2018. 10 CFR 431.136(c) and (d). DOE is proposing to update these requirements and align the reporting requirements with the November 2022 ACIM Final Rule and proposing general certification requirements for ACIMs. DOE discusses these proposed updates in the sections as follows.

a. Energy and Water Condenser Use

For ACIMs, the current reporting requirements include maximum energy use in kWh per 100 pounds of ice and maximum condenser water use in gallons per 100 pounds of ice. 10 CFR 429.45(b)(2). In the November 2022 ACIM Final Rule, DOE determined that the reference to “maximum energy use” and “maximum condenser water use” in 10 CFR 429.45 could be misinterpreted to refer to the energy and water conservation standard levels for that basic model (

i.e.,

the maximum allowable energy and maximum allowable condenser water use), as opposed to the tested performance. 87 FR 65856, 65891. Therefore, in that same rule, for consistency and clarity, DOE replaced the term “maximum energy use” with the term “energy use” and the term “maximum condenser water use” with the term “condenser water use.”

Id.

at 87 FR 65892. In addition, values of both energy and condenser water consumption are relevant for ACIMs.

Id.

at 87 FR 65891. As such, DOE modified the language at 10 CFR 429.45 to specify expressly that the sampling plan at 10 CFR 429.45(a)(2)(i) applies both to measures of energy and condenser water use for which consumers would favor lower values.

Id.

at 87 FR 65892.

Similarly, 10 CFR 431.132 included a definition for the term “maximum condenser water use.” This language may also be misinterpreted to refer to the condenser water conservation standard level for a basic model as opposed to the tested condenser water use. Therefore, in the November 2022 ACIM Final Rule, DOE modified the term and definition of “maximum condenser water use” to instead refer to the term “condenser water use.”

Id.

In the November 2022 ACIM Final Rule, DOE did not revise the reporting requirements in 10 CFR 429.45 to remove the term “maximum” and align the requirements with the newly adopted definitions for “energy use” and “condenser water use.”

Id.

at 87 FR 65897. As a result, DOE is proposing to update the reporting requirements to specify “energy use” and “condenser water use” in this document.

DOE seeks comment on its proposal to align ACIM reporting requirement terminology with the amended terms.

b. Rounding Requirements

DOE currently requires test results for ACIMs to be rounded, as outlined in the ACIMs test procedure. 10 CFR 431.134(g). However, the certification requirements in 10 CFR 429.45 do not specify how values calculated in accordance with 10 CFR 429.45(a) would be rounded for reporting per 10 CFR 429.45(b). To ensure consistency among ACIM certification reports, DOE proposes that any reported values be rounded consistent with the rounding requirements for individual test results. Specifically, DOE proposes to require that reported values be rounded as follows: energy use to the nearest 0.01 kWh/100 lb, condenser water use to the nearest gal/100 lb, and harvest rate to the nearest 1 lb/24 h (for ACIMs with harvest rates greater than 50 lb/24 h) or to the nearest 0.1 lb/24 h (for ACIMs with harvest rates less than or equal to 50 lb/24 h).

DOE seeks comment on its proposal to establish rounding requirements for ACIMs.

c. Sampling Corrections

Currently, DOE's sampling provisions for ACIMs state that any represented value of energy use, condenser water use, or other measure of consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of the mean of the sample, or the upper 95 percent confidence limit of the true mean (“UCL”) divided by 1.10. 10 CFR 429.45(a)(2). The sampling provisions also state that the UCL should be calculated using the Student's t-Distribution Values for Certification Testing for a 95 percent two-tailed confidence interval with n-1 degrees of freedom from appendix A, where “n” is the number of samples.

Id.

However, appendix A outlines Student's t-Distribution Values that are based on a one-tailed confidence interval, rather than the two-tailed confidence interval specified in 10 CFR 429.45(a)(2)(ii). To correct this discrepancy, DOE is proposing to revise 10 CFR 429.45(a)(2)(ii) to specify that the UCL should be calculated using the Student's t-Distribution Values for Certification Testing for a 95 percent one-tailed confidence interval outlined in appendix A.

DOE seeks comment on its proposal to correct the sampling provisions for ACIMs.

2. Reporting Costs and Impacts

In this NOPR, DOE proposes to align ACIM certification reporting requirements with

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