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:

Final rule.

SUMMARY:

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

DATES:

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

ADDRESSES:

The docket, which includes

Federal Register

notices, public meeting attendee lists and transcripts, comments, and other supporting documents/materials, is available for review at

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 those containing information that is exempt from public disclosure.

A link to 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.

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.

Mr. Eric Stas, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 586-4798. Email:

Eric.Stas@hq.doe.gov.

For further information on how to review the docket 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 Final Rule

III. Discussion

A. General Comments

1. Rulemaking Process

2. Compliance Timeline

3. Collection of Information

4. Certification Reporting Cost and Burden

5. Calculations for Enforcement Testing

6. Comments on Products/Equipment not Included in the September 2023 CCE NOPR

B. Central Air Conditioners and Heat Pumps

1. Reporting

2. Reporting Costs and Impacts

C. Dishwashers

1. Reporting

2. Reporting Costs and Impacts

D. Residential Clothes Washers

1. Reporting

2. Reporting Costs and Impacts

E. Pool Heaters

1. Reporting

2. Reporting Costs and Impacts

F. Dehumidifiers

1. Reporting

2. Reporting Costs and Impacts

G. External Power Supplies

1. Reporting

2. Reporting Costs and Impacts

H. Battery Chargers

1. Reporting

2. Reporting Costs and Impacts

I. Computer Room Air Conditioners

1. Reporting

2. Reporting Costs and Impacts

J. Direct Expansion-Dedicated Outdoor Air Systems

1. Reporting

2. Reporting Costs and Impacts

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

1. Reporting

2. Reporting Costs and Impacts

L. Commercial Water Heating Equipment

1. Reporting

2. Reporting Costs and Impacts

M. Automatic Commercial Ice Makers

1. Reporting

2. Reporting Costs and Impacts

N. Walk-In Coolers and Freezers

1. Reporting

2. Reporting Costs and Impacts

3. Labeling

4. Labeling Costs and Impact

O. Commercial and Industrial Pumps

1. Reporting

2. Reporting Costs and Impacts

P. Portable Air Conditioners

1. Reporting

2. Reporting Costs and Impacts

Q. Compressors

1. Reporting

2. Reporting Costs and Impacts

R. Dedicated-Purpose Pool Pump Motors

1. Reporting

2. Reporting Costs and Impacts

S. Air Cleaners

1. Reporting

2. Reporting Costs and Impacts

T. Single Package Vertical Units

1. Reporting

2. Reporting Costs and Impacts

U. Ceiling Fan Light Kits

1. Reporting

2. Reporting Costs and Impacts

V. General Service Lamps

W. Additional Corrections

X. Revised Certification Templates

Y. Effective and Compliance Dates

IV. Procedural Issues and Regulatory Review

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

B. Review Under the Regulatory Flexibility Act

C. Review Under the Paperwork Reduction Act of 1995

D. Review Under the National Environmental Policy Act of 1969

E. Review Under Executive Order 13132

F. Review Under Executive Order 12988

G. Review Under the Unfunded Mandates Reform Act of 1995

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

I. Review Under Executive Order 12630

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

K. Review Under Executive Order 13211

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

M. Congressional Notification

N. Description of Materials Incorporated by Reference

V. Approval of the Office of the Secretary

I. Authority and Background

A. Authority

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

1

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

2

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

3

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

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 under EPCA (42 U.S.C. 6295(s); 42 U.S.C. 6316(a); 42 U.S.C. 6316(b); 42 U.S.C. 6296), and (2) making other representations about the efficiency of those products or equipment (42 U.S.C. 6293(c); 42 U.S.C. 6314(d)). Similarly, DOE must use these test procedures to determine whether the products or equipment comply with any relevant standards promulgated under EPCA. (42 U.S.C. 6295(s); 42 U.S.C. 6316(a); 42 U.S.C. 6316(b); 42 U.S.C. 6296).

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

See

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

See

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

B. Background

DOE's certification regulations are a mechanism that DOE uses to help ensure compliance with its regulations by collecting information about the energy and water use characteristics of covered products and covered equipment distributed in commerce in the United States. Manufacturers of most covered products and covered equipment must submit a certification report for the duration of distribution, specifically (1) before a basic model is distributed in commerce, (2) annually thereafter, and (3) if the basic model is redesigned in a manner that increases the consumption or decreases the efficiency of the basic model such that the certified rating is no longer supported by test data. 10 CFR 429.12. Additionally, manufacturers must report when production of a basic model has ceased and is no longer offered for sale as part of the next annual certification report following such cessation. 10 CFR 429.12(f). DOE requires the manufacturer of any covered product or covered equipment to establish, maintain, and retain the records of certification reports, of the underlying test data for all certification testing, and of any other testing conducted to satisfy the requirements of 10 CFR parts 429, 430, and/or 10 CFR part 431 until 2 years after notifying DOE that a model has been discontinued. 10 CFR 429.71. Certification reports provide DOE and consumers with comprehensive, up-to-date efficiency information and support effective enforcement.

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

Federal Register

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

See

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

See

79 FR 25486 (the May 5, 2014 Final Rule specific to certification of commercial and industrial heating, ventilation, and air conditioning (“HVAC”), refrigeration, and water heating equipment) and 87 FR 43952 (the July 22, 2022 Final Rule amending certification provisions for CFLKs, general service incandescent lamps, incandescent reflector lamps,

ceiling fans, consumer furnaces and boilers, consumer water heaters, DWs, commercial clothes washers, battery charges, and DPPPMs).

Additionally, if the Secretary has prescribed test procedures under section 6314 for any class of covered equipment, the Secretary shall prescribe a labeling rule applicable to such class of covered equipment.

See

42 U.S.C. 6315(a). EPCA, however, also sets out certain criteria that must be met prior to prescribing a given labeling rule. Specifically, to establish these requirements, DOE must determine that: (1) labeling in accordance with section 6315 is technologically and economically feasible with respect to any particular equipment class; (2) significant energy savings will likely result from such labeling; and (3) labeling in accordance with section 6315 is likely to assist consumers in making purchasing decisions. (42 U.S.C. 6315(h))

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

DOE published a notice of proposed rulemaking (“NOPR”) in the

Federal Register

on September 29, 2023, that proposed to amend the certification, reporting, and labeling requirements for the products and equipment that are the subjects of this final rule. 88 FR 67458 (“September 2023 CCE NOPR”). DOE held a public meeting related to this NOPR on October 26, 2023 (hereafter, the “NOPR public meeting”).

DOE received comments in response to the September 2023 CCE NOPR from the interested parties listed in Table I.1.

Table I.1—List of Commenters With Written Submissions in Response to the September 2023 CCE NOPR

Commenter(s)

Reference in this final rule

Comment No. in the docket

Commenter type

Air-Conditioning, Heating, & Refrigeration Institute

AHRI

18

Trade Association.

American Lighting Association

ALA

7

Trade Association.

Appliance Standards Awareness Program, Consumer Federation of America (“CFA”), National Consumer Law Center (“NCLC”), National Resource Defense Council (“NRDC”), and Northwest Energy Efficiency Alliance (“NEEA”)

ASAP

et al

14

Efficiency Advocacy Organizations.

Association of Home Appliance Manufacturers

AHAM

4

9, 16, 19

Trade Association.

AHAM, ASAP, American Council for an Energy-Efficiency Economy, Alliance for Water Efficiency, CFA, Consumer Reports, Earthjustice, NCLC, NRDC, NEEA, and Pacific Gas and Electric Company (“PG&E”)

Joint Stakeholders

17

Trade Association and Efficiency Advocacy Organizations.

Bradford White Corporation

BWC

13

Manufacturer.

Carrier Global Corporation

Carrier

12

Manufacturer.

Grundfos Americas Corporation

Grundfos

10

Manufacturer.

Hydraulic Institute

Hydraulic Institute

20

Trade Association.

MJ L

MJ L

11

Individual.

PG&E, Southern California Edison, and San Diego Gas & Electric Company; collectively, the California Investor-Owned Utilities

CA IOUs

8

Utilities.

Rheem Manufacturing Company

Rheem

15

Manufacturer.

A

parenthetical reference at the end of a comment quotation or paraphrase provides the location of the item in the public record.

5

To the extent that interested parties have provided written comments that are substantively consistent with any oral comments provided during the NOPR public meeting, DOE cites the written comments throughout this final rule. Any oral comments provided during the webinar that are not substantively addressed by written comments are summarized and cited separately throughout this final rule.

4

AHAM comment nos. 9 and 19 are identical. Therefore, DOE only cites no. 19 in the discussion section of this final rule.

5

The parenthetical reference provides a reference for information located in the docket of DOE's rulemaking to amend certification, reporting, and labeling requirements for the subject products and equipment. (Docket No. EERE-2023-BT-CE-0001), which is maintained at

www.regulations.gov

). The references are arranged as follows: (commenter name, comment docket ID number, page of that document).

II. Synopsis of the Final Rule

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

In this final rule, DOE updates the certification reporting and labeling requirements as follows:

(1)

CAC/HP.

Update the CAC/HP certification reporting requirements at 10 CFR 429.16 to reflect the current version of the test procedure at appendix M1 to subpart B of 10 CFR part 430 (“appendix M1”) including test condition information. Correct discrepancies in CAC/HP sampling plan

to require using Student's t-Distribution Values from appendix A to subpart B of part 429.

(2)

DW.

Align the DW certification reporting requirements with appendix C1 to subpart B of 10 CFR part 430 (“appendix C1”), and with appendix C2 to subpart B of 10 CFR part 430 (“appendix C2”). Manufacturers were required to use the revised appendix C1 test procedure beginning July 17, 2023, and use of appendix C2 is required when certifying compliance with amended energy conservation standards based on appendix C2. Add reporting requirements specific to the energy and water use for DWs with water re-use systems and built-in reservoirs.

(3)

RCWs.

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

(4)

Pool heaters.

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

(5)

Dehumidifiers.

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

(6)

EPSs.

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

(7)

Battery chargers.

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

(8)

CRACs.

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

Federal Register

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

(9)

DX-DOASes.

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

(10)

Commercial AC/HPs.

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

(11)

CWHs.

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

(12)

ACIMs.

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

(13)

Walk-Ins.

For walk-in refrigeration systems, add requirement to report whether each refrigeration system meets the definition of a carbon dioxide (“CO

2

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

(14)

Commercial and Industrial Pumps.

Provide minor corrections to the terminology of variables in the certification requirements.

(15)

Portable ACs.

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

(16)

Compressors.

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

(17)

DPPPMs.

Add certification reporting requirements for DPPPMs when certifying compliance with the energy conservation standards adopted in the September 28, 2023 final rule (88 FR 66966), and establish an annual filing date of September 1 at 10 CFR 429.12(d).

(18)

Air cleaners.

Add certification reporting requirements for air cleaners when certifying compliance with the energy conservation standards adopted in the April 11, 2023 direct final rule, compliance with which was required beginning December 31, 2023, establish an annual filing date of December 1 at 10 CFR 429.12(d), and provide minor correction to sampling provisions at 10 CFR 429.68(a)(2)(ii).

(19)

SPVAC/HPs.

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

(20)

CFLKs.

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

(21)

GSLs.

Specify certifying compliance to the GSL backstop requirement of 45 lumens per watt (lm/W) at 10 CFR 430.32(dd).

The adopted amendments are summarized in Table II.1 and compared to the certification, reporting, and labeling requirements prior to the amendment, as well as the reason for the adopted change. Table II.1 also provides the required compliance date for the certification requirements established in this final rule.

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

Current DOE certification reporting requirements

Amended certification reporting requirements

Attribution

Compliance required

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

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 system

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

When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.

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

When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.

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

N/A.

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

N/A.

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

On or before April 23, 2027, the compliance date of amended energy conservation standards based on 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

On or before April 23, 2027, the compliance date of amended energy conservation standards based on appendix C2.

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

When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.

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

When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.

For DWs, no rounding requirements are specified in § 429.19

Add rounding requirements to § 429.19(c)

Improves representativeness, repeatability, and reproducibility

When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.

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

N/A.

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

N/A.

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 § 429.134(c)

When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.

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 amendments to energy conservation standards

On or before March 1 2028, the compliance date of amended energy conservation standards based on appendix J.

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

On or before May 30, 2028, the compliance date of 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

On or before May 30, 2028, the compliance date of 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 permitted for use to demonstrate compliance with energy conservation standards

N/A.

For EPSs, no reporting requirement for output cord specifications

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

Required to conduct amended appendix Z test procedure

When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.

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

When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.

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

When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.

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

On or before the compliance date of any future amended energy conservation standards based on appendix Y1.

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

May 7, 2025.

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

May 7, 2025.

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

May 7, 2025.

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

May 7, 2025.

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

May 7, 2025.

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

May 7, 2025.

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

May 7, 2025.

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

May 7, 2025.

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

May 7, 2025.

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

May 7, 2025.

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

May 7, 2025.

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

N/A.

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 energy conservation standards

May 7, 2025.

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

When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.

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

When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.

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

When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.

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

N/A.

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

When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.

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

When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.

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

When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.

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

When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.

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

When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.

For walk-in doors with anti-sweat heater (ASH) 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

When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.

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

When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.

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

When certifying compliance in accordance with the next annual certification report filing date on/after May 7, 2025.

For commercial and industrial pumps, P

i

in

is listed as P

in

i

Amend all instances of P

in

i

with P

i

in

Standardize variables with those used in the test procedure

N/A.

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)

May 7, 2025.

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

May 7, 2025.

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

September 1, 2025 (first occurrence of September 1st after compliance date of energy conservation standards in January 2025).

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 new energy conservation standards

On or before September 29, 2025 (for DPPPMs <0.5 THP, ≥1.15 THP, and ≤5 THP), the compliance date of new energy conservation standards. On or before September 28, 2027 (for DPPPMs ≥0.5 THP and <1.15 THP), the compliance date of new energy conservation standards.

For DPPPMs, no rounding requirements outlined in 10 CFR 429.65

Add rounding requirements for DPPPMs to § 429.65(f)

Improves representativeness, repeatability, and reproducibility

On or before September 29, 2025 (for DPPPMs <0.5 THP, ≥1.15 THP, and ≤5 THP), the compliance date of new energy conservation standards. On or before September 28, 2027 (for DPPPMs ≥0.5 THP and <1.15 THP), the compliance date of new energy conservation standards.

For DPPPMs, no annual filing date 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

September 1, 2026, (first occurrence of September 1st after compliance date of energy conservation standards in September 2025).

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

May 7, 2025.

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

December 1, 2026, (first occurrence of December 1st after required reporting on May 7, 2025.

For air cleaners, 10 CFR 429.68(a)(2)(ii) includes a typographical error and states “equal to the high”

Correct 10 CFR 429.68(a)(2)(ii) to specify “equal to the lower”

Corrects typographical error, improves clarity

N/A.

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

On or before the compliance date of any amended SPVU 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

On or before the compliance date of any amended SPVU energy conservation standards.

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

On or before the compliance date of any amended SPVU energy conservation standards.

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

N/A.

For GSLs, certifying compliance to the 45 lm/W backstop requirement is not required per DOE guidance

Specify certifying compliance to the GSL backstop requirement

Required to show compliance with the energy conservation standards

May 7, 2025.

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

The effective date for the amended certification requirements adopted in this final rule is 75 days after publication of this document in the

Federal Register

. Certification reports for CAC/HPs, DWs, RCWs, pool heaters, dehumidifiers, EPSs, battery chargers, CRACs, DX-DOASes, three-phase, less than 65,000 Btu/h ACUACs and ACUHPs, three-phase, less than 65,000 Btu/h VRF, CWHs, ACIMs, walk-ins, commercial and industrial pumps, portable ACs, compressors, DPPPMs, air cleaners, SPVUs, CFLKs, and GSLs submitted beginning 210 days after publication of this final rule, in accordance with an annual certification report filing date on or after 210 days after publication of this final rule, or on or after the compliance date of any amended energy conservation standards, as outlined in each of the product-specific sections of section III of this notice, must comply with the applicable certification requirements as amended by this final rule. For certification reports submitted after the effective date of this final rule, but prior to the compliance date, a manufacturer may optionally submit a certification report as required by the amendments in this final rule (

i.e.,

early compliance is permitted). The requirements pertaining to the compliance date and the provision for early compliance apply to all certification reports submitted as required by 10 CFR 429.12 (

i.e.,

annual certifications and certification of new and discontinued basic models).

III. Discussion

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

As discussed in section I.B of this document, DOE proposed amendments to the certification and reporting requirements for certain products and equipment in the September 2023 CCE NOPR. 88 FR 67458. DOE received a number of comments in response to the September 2023 CCE NOPR, including general comments and comments on product/equipment categories that were not included in the September 2023 CCE NOPR. These comments are summarized and discussed in the following sections.

For the covered products and equipment addressed in this final rule, DOE has identified areas in which the certification reporting requirements in 10 CFR part 429 are not consistent with the information required to verify compliance with current energy conservation standards. DOE is amending the certification and reporting provisions for these products and equipment to ensure reporting that is consistent with currently applicable

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

A. General Comments

ASAP

et al.

commented in support of the September 2023 CCE NOPR. ASAP

et al.

stated that the proposed reporting requirements would ensure that DOE has relevant information to determine whether certified models comply with the corresponding energy conservation standard. ASAP

et al.

commented that clarity in reporting requirements for certification would help to ensure that data reported to the Compliance and Certification Management System (“CCMS”) is complete and submitted in a uniform manner. (ASAP

et al.,

No. 14 at pp. 1-2)

AHAM commented it supports many of the changes DOE is suggesting for its certification, labeling, and enforcement provisions that are aimed at ensuring consistency between testing to support certification and testing DOE does to support its enforcement efforts as well as the proposals to ensure consistency in reported data between similar products. (AHAM, No. 16 at p. 1)

AHRI commented that it was largely supportive of the changes proposed in the September 2023 CCE NOPR, but also had several recommendations for improvement and clarification regarding proposed certification requirements. (AHRI, No. 18 at p. 2)

Rheem commented that as an active member of AHRI, it shares several of the concerns noted in AHRI's comments. (Rheem, No. 15 at p. 1)

Carrier generally supported the September 2023 CCE NOPR regarding certification and labeling requirements and enforcement provisions for certain consumer products and commercial equipment, with certain modifications. Carrier also stated that having these requirements provides predictability for manufacturers and valuable information for consumers. (Carrier, No. 12 at p. 1)

AHRI commented requesting DOE to update AHRI's address at 10 CFR 429.4(c) to 2311 Wilson Blvd., Suite 400, Arlington, VA 22201 and added that the phone number and web address remain the same as currently listed in the CFR. (AHRI, No. 18 at p. 13)

DOE is aware of the error and will update AHRI's contact information in a separate rulemaking that amends the materials incorporated by reference at 10 CFR 429.4(c).

1. Rulemaking Process

AHRI commented that review of the September 2023 CCE NOPR raised some questions regarding the process DOE relied upon for establishing certification requirements. Specifically, AHRI provided some suggestions to bring reliability and timeliness to the certification, compliance, and enforcement process and urged that DOE consider issuing a proposal to seek stakeholder feedback on the establishment of a CCE process rule. (AHRI, No. 18 at p. 2) AHRI commented that a general review of the certification and enforcement process would help establish certainty and predictability for all stakeholders. AHRI requested that DOE initiate a rulemaking to develop procedures, interpretations, and policies for consideration of new or revised certification and enforcement rulemakings for consumer products and certain commercial/industrial equipment. AHRI commented that a “process rule” for certification and compliance is as important and necessary to manufacturers and certification bodies as the development of test procedures and energy conservation standards. (AHRI, No. 18 at p. 4)

AHRI commented that stakeholders need certification and enforcement changes proposed more closely to the publication of the final rule and with appropriate time to implement template changes for compliance. AHRI commented that the September 2023 CCE NOPR included several products where the trigger for the compliance and enforcement changes was over 19 months ago. (AHRI, No. 18 at p. 4)

AHRI noted that manufacturers are required to comply with an amended test procedure within 180 days of DOE publishing a final rule in the

Federal Register

. AHRI commented that for such rulemakings, DOE should publish a proposed certification and enforcement rulemaking within 30 days of the test procedure final rule with a final certification and enforcement rulemaking published within 90 days of the test procedure final rule. This timeline, AHRI noted, would allow 30 days for stakeholder feedback to the proposed certification and enforcement rule; 30 days for DOE to incorporate changes and pre-publish a final rule; and 90 days for stakeholders to implement and comply with the changes. (AHRI, No. 18 at p. 5)

Carrier commented that many of the reporting changes in the September 2023 CCE NOPR are the result of test procedure or energy conservation standards rulemakings completed in 2022 with compliance dates that are approaching. Carrier requested that in future rulemakings, DOE publish the associated certification rulemaking NOPR as close as possible to the test procedure and energy conservation standards final rules, ideally within 30 days of final rule issuance to allow time for third-party certification bodies (such as AHRI) and manufacturers to make necessary changes to their systems before compliance is required. Carrier said this would cut down on undue expenses, potential error, and unnecessary rework. (Carrier, No. 12 at p. 2)

DOE recognizes the concerns regarding the timing of certification amendments with respect to test procedure and energy conservation standard amendments. DOE notes that conducting individual certification rulemakings for each product would result in many more rulemaking notices, which would create substantially more administrative burden for commenters with interests in multiple covered products and equipment. In this case, DOE would have needed to publish over 40 separate rulemaking documents if it were to conduct a separate certification rulemaking for each of the product and equipment categories considered in this document. Nonetheless, DOE will continue to evaluate its process for conducting certification rulemakings, while meeting its statutory and regulatory requirements.

AHRI commented that consideration must be given to how and when templates are updated because the timing of template changes impacts not only manufacturers, but also AHRI's certification program. (AHRI, No. 18 at p. 3) AHRI stated that while DOE typically provides 3-to-5 years of lead time before compliance is required, sometimes compliance can be required in as little as 18 months. The commenter stressed that adequate lead time is necessary for the transition to new test procedures and new standards. AHRI commented that it is also necessary to have certification and enforcement rules and templates issued and finalized expeditiously and on a reasonable and predictable schedule, in order for manufacturers to be able to collect necessary data. Consequently, AHRI recommended that DOE issue full draft templates, rather than just column headers and product group codes. Additionally, AHRI stated that clear identification of new or modified

information would also be helpful to assist stakeholders when reviewing templates or even column headers, noting that stakeholders should not be required to presume what the compliance requirements are. (AHRI, No. 18 at p. 4)

In response, DOE issues template column headers and product group codes to assist submitters in preparing for the upcoming template revisions. Because certification reporting requirements may change between the NOPR and final rule, DOE issues templates only at the completion of the final rule to avoid confusion and mitigate burden. Issuing full draft templates that cannot be submitted for compliance purposes may cause confusion amongst certifiers. Further, certifiers would need to review the final version of the template, as there may be modifications not incorporated in the draft template, which increases the potential for invalid certification reports and require certifiers to re-submit using the correct templates, thereby increasing burden on certifiers.

2. Compliance Timeline

Rheem commented requesting DOE to clarify the required filing date for each of the products/equipment covered by this rulemaking, such as by including a table in the final rule that clearly states the required filing date for each product class. (Rheem, No. 15 at pp. 1-2)

AHRI commented that in future rules, special consideration should be given to situations where publication of the proposed and final certification and enforcement rulemaking is close to the first time or annual certification requirement for the products or equipment. AHRI stated concern that template releases for equipment with first time compliance deadlines or annual reporting requirements in the spring of 2024 may be in jeopardy resulting from the timing of the September 2023 CCE NOPR, and ultimately the final rule publication. (AHRI, No. 18 at p. 6)

AHRI recommended that DOE finalize this rulemaking and publish templates no later than January 2, 2024, which would allow stakeholders to have final templates 120 days prior to the spring 2024 first-time compliance and annual reporting deadlines. (AHRI, Public Meeting Transcript, No. 6 at pp. 5-6; AHRI, No. 18 at p. 6)

AHRI commented that annual reporting should not be required within 120 days of publication of a new certification and enforcement rulemaking where templates are revised or impacted. If the certification and enforcement rulemaking cannot be finalized more than 120 days in advance of the annual reporting deadline, AHRI commented that the deadline for that year should shift to 120 days after publication of the final certification and enforcement rule in the

Federal Register

. AHRI commented that requiring annual reporting for any templates revised in closer proximity to the annual reporting deadline is burdensome to the regulated community. (AHRI, No. 18 at p 7)

In response, DOE has noted the applicable compliance dates for each of the product or equipment categories that are the subject of this rulemaking in the following sections and in Table II.1 to section II, Synopsis of the Final Rule, of this document. For products such as air cleaners, CRACs, DX-DOAS, three-phase less than 65,000 Btu/h ACUACs and ACUHPs and three-phase less than 65,000 Btu/h VRF, electric instantaneous water CWHs, and portable ACs where compliance with new or amended standards is required prior to the required use date of the reporting requirement established in this rule and a template is not currently available to certify compliance, then compliance with the amended certification requirements would not be required until 210 days after publication of this rule. DOE notes that compliance with the amended standards themselves would still be required on and after their applicable compliance date(s). For products and equipment with existing standards and existing reporting requirements, if the annual reporting deadline is prior to the compliance date of this rule (

i.e.,

sooner than 210 days after publication), the annual reporting requirement can be met using the current template. Using the revised templates would not be required until the next annual reporting deadline after the compliance date of this rule. For products and equipment where compliance with new or amended standards is required more than 210 days after publication of this rule, then certification is required by the compliance date of such standard. Through such approach, DOE seeks to minimize associated regulatory burden on manufacturers.

DOE notes that the Department strives to finalize certification templates as expeditiously as possible, in order to provide certifiers sufficient time to prepare for the compliance dates of any upcoming amended energy conservation standards. In this case, although the final templates have not yet been posted for use, DOE has provided certification template draft column headers and product group codes in the docket for this rulemaking to assist certifiers in preparation for the upcoming compliance dates prior to the publication of this final rule.

3. Collection of Information

AHAM commented that DOE stated in several places of the September 2023 CCE NOPR an intention to collect data which AHAM deems unnecessary to demonstrate compliance with energy conservation standards. AHAM stated DOE should ensure that its information collections are restricted to data necessary for this purpose, and if DOE wishes to collect data for future energy conservation standards rulemaking efforts or for its own information, DOE should collect that data through its energy conservation standard rulemaking process and not through the certification, compliance, and enforcement process. (AHAM, No. 16 at p. 1;AHAM, No. 19 at p. 2)) AHAM commented that many of the proposals in the September 2023 CCE NOPR go beyond the types of information currently collected under 10 CFR 429.14 to 10 CFR 429.63, which are more directly related to demonstrating compliance with standards. (AHAM, No. 16 at p. 2)

AHRI commented that DOE must limit the energy efficiency or energy use information required in certification reports to that which is truly necessary to determine compliance with the test procedure, labeling, and energy efficiency standards. AHRI commented that anything beyond that would fall outside of the information DOE is authorized to collect, and results in an undue burden on manufacturers because it creates a real cost to vet and verify information unrelated to the covered product's compliance with energy conservation standards, which on its face fails the requirement of 42 U.S.C. 6296(d) that DOE collect only necessary data in a manner designed to minimize unnecessary burdens on manufacturers. (AHRI, No. 18 at p. 3)

In response, section 326(d) of EPCA states that the Secretary may require manufacturers to submit information or reports to DOE with respect to energy efficiency or energy use as the Secretary determines may be necessary to establish and revise test procedures, labeling rules, and energy conservation standards for such products and to ensure compliance with requirements of this part. (42 U.S.C. 6296(d)(1)) This express statutory language provides DOE with the authority to require manufacturers to submit information pertaining to the energy efficiency or energy use where it is necessary when establishing or revising its standards or test procedures, as well as to ensure

compliance. As such, DOE disagrees with AHRI's assessment that DOE must limit its collection requirements to information needed to determine compliance.

DOE acknowledges that EPCA states that the Secretary shall exercise authority under this section in a manner designed to minimize unnecessary burdens on manufacturers. (42 U.S.C. 6296(d)(2)) However, where DOE proposed reporting requirements that were not directly related to compliance with energy conservation standards, the Department clarifies that the proposed requirements were included to ensure appropriate application of the test procedure for enforcement testing conducted by DOE. Additionally, the measurement of these values and recording of product or equipment characteristics is required when testing is conducted according to the DOE test procedures. Therefore, manufacturers should already have this information readily available, and, thus, the burden on manufacturers would be minimal.

In the September 2023 CCE NOPR, as well as in the product-specific sections that follow in this document, DOE has provided its reasons in the September 2023 CCE NOPR for its proposed collection of data and information. DOE discusses the specific comments and provisions that have been flagged and asserted by certain commenters to be unnecessary in the relevant sections that follow. DOE also explains why the Department has found the data collection to be necessary, to be required to ensure products and equipment are compliant, and/or to support DOE's enforcement efforts.

4. Certification Reporting Cost and Burden

Carrier commented that the estimates of the cost and burden of changes to annual reporting requirements were not adequately considered in the September 2023 CCE NOPR. Carrier commented that certification requirements are often established close to the test procedure or energy conservation standards compliance date, which increases the cost and burden to manufacturers and third-party certification bodies who must implement changes in a short amount of time. (Carrier, No. 12 at pp. 1-2)

BWC commented that adding reporting requirements increases regulatory burden, which includes examination of the proposal; analysis of its findings; assessment of manufacturer capabilities to achieve established objectives in the proposal; internal deliberations about how/if this can realistically be accomplished; and finally, crafting and delivering meaningful feedback to DOE. BWC commented that all these tasks must occur prior to the physical work that takes place to adjust processes, such as may be required to comply with the September 2023 CCE NOPR. BWC stated that there are several major proposed and final rulemakings from 2023 alone that impact the products that BWC manufactures, including the September 2023 CCE NOPR; July 2023 Consumer Water Heater ECS NOPR (88 FR 49058); June 2023 Consumer Water Heater TP Final Rule (88 FR 40406); March 2023 Consumer Boiler TP Final Rule (88 FR 15510); and the August 2023 Consumer Boiler ECS NOPR (88 FR 55128). BWC commented that this list did not include actions undertaken by States and local jurisdictions as well as ENERGY STAR. BWC commented urging DOE to take into account the sheer volume of regulatory activity that faces manufacturers. BWC commented that the accumulation of regulatory burden increases costs in human and technological resources. BWC stated that as proposed rules are published and promulgated as final rules, BWC resources must be allocated and deployed to achieve compliance within the timelines prescribed in those final rules. (BWC, No. 13 at pp. 2-3)

The certification reporting requirements adopted in this final rule ensure consistency with DOE energy conservations standards and test procedure rulemakings for the subject products or equipment. These reporting requirements generally pertain to requirements that are readily available in test reports that manufacturers are required to use when testing to the DOE test procedure. Further, Carrier and BWC did not provide any data indicating increased costs to manufacturers related to reporting. DOE recognizes that certification reporting requirements may result in costs and manufacturer burden in addition to those required to comply with new or amended energy conservation standards or to conduct testing. To the extent that the adopted certification reporting requirements would impose additional cost and burden to manufacturers and importers, DOE has discussed these costs in the product specific sections. DOE also recognizes the effort needed for stakeholders to review and provide feedback to the many proposals in the September 2023 CCE NOPR. However, as discussed in section III.A.1 of this document, DOE notes that conducting individual certification rulemakings for each product would result in many more rulemaking notices, which would create substantially more administrative burden for commenters with interests in multiple covered products and equipment. In this case, DOE would have needed to publish over 40 separate notices if it were to conduct a separate certification rulemaking for each of the product and equipment categories considered in this document.

AHRI commented that DOE's regulations require certification reports to be filed for every basic model prior to distribution in commerce, after initial certification, and after discontinuation, which is a process that creates onerous obstacles for third-party certification bodies that represent 90 percent of the regulated market. AHRI commented it has long advocated for the elimination of the annual certification requirements for covered products via notice and comment rulemaking. AHRI commented that this process is unnecessary and imparts burden without benefit. (AHRI, No. 18 at p. 6)

In response, DOE has determined that its annual certification requirements provide DOE and consumers with comprehensive, up-to-date efficiency information and also support effective enforcement. If DOE were to eliminate its annual certification requirements, DOE would have no way of ensuring that all of the information available to consumers in DOE's Compliance Certification Database (“CCD”)

6

is up-to-date and certified in accordance with the most recent DOE test procedure. Occasionally, changes to DOE test procedures do not require revised certification reporting templates, and the existence of annual certification requirements ensures that the information available to consumers is consistently updated without requiring revised certification templates. Additionally, the elimination of annual certification requirements would increase the likelihood that discontinued models would not be removed from the CCD. Accordingly, DOE is not amending the long-standing annual certification requirement as part of this final rule.

6

Certified equipment in the CCD is listed by product class and can be accessed at

www.regulations.doe.gov/certification-data/#q=Product_Group_s%3A*.

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

simultaneously causes substantial burden for certification bodies. (AHRI, No. 18 at p. 6) AHRI commented suggesting that templates updated in this rulemaking be submitted to OMB to reduce future template changes that would just update the version number. AHRI commented DOE is obligated to consider this and any other recommendations that reduce the burden of compliance. (AHRI, No. 18 at pp. 6-7)

DOE notes that it revises the template version numbers as part of the triennial compliance with PRA to ensure that submitters are using the most up-to-date templates based on the current OMB control numbers. DOE will evaluate to what extent updates to forms can be limited to reduce burden on certification bodies.

MJ L commented that requiring more reporting and labeling of consumer products and commercial equipment is onerous and costly for the makers. MJ L commented that products would need to be redesigned to comply to the more stringent new standards, which would make such products more costly and less useful. (MJ L, No. 11 at p. 1)

DOE notes that this rulemaking is not adopting any amended standards; it is only adopting certification reporting requirements for products and equipment consistent with recently amended or newly established test procedures or energy conservation standards.

5. Calculations for Enforcement Testing

Rheem commented requesting DOE to clarify whether the energy efficiency standard (“EES”) is rounded when the applicable certification requirements require rounding while performing enforcement calculations in 10 CFR 429, subpart C, appendix A. Rheem provided an example, stating that: an EES of 0.934 may be required as a result of an EES equation, but certification to the nearest 0.01 percent is required; therefore, a model designed to an EES of exactly 0.934 will need to certify to 0.93, which is below the level produced by the EES equation. As the compliant model must certify below the EES, it follows that the EES is actually rounded. (Rheem, No. 15 at p. 8)

DOE determines the applicable energy efficiency standard or energy conservation standard used in enforcement calculations based on the product or equipment requirements. When applicable, DOE follows the same rounding requirements for the relevant metric as specified in the applicable test procedure requirements at 10 CFR 430.23 or the relevant product or equipment specific test procedure appendix, the rounding requirements at 10 CFR 430.32, or the rounding requirements in the product or equipment specific certification reporting requirements. In the case of Rheem's example, DOE notes that an EES of 0.934 would also be rounded to 0.93, and therefore, the rounding would not affect any compliance determination. DOE may additionally consider further clarifications to the enforcement calculations in 10 CFR 429, subpart C, appendix A to address this in a future rulemaking.

6. Comments on Products/Equipment Not Included in the September 2023 CCE NOPR

Although not within the scope of the September 2023 CCE NOPR, AHAM submitted comments regarding reporting requirements for conventional cooking tops. Specifically, AHAM requested that DOE indicate in 10 CFR 430.134 that it will use the same measurement equipment for testing gas cooking tops as were used for certification. (AHAM, No. 16 at p. 10) AHAM noted that the conventional cooking tops test procedure at 10 CFR 430, subpart B, appendix I1 (“appendix I1”) specifies that measurement of the gas cooking top burner heat input rate starts 5 minutes after ignition but does not specify an endpoint for this measurement. (AHAM, No. 16 at p. 9) AHAM stated that the type of measurement equipment—wet meter, dry meter, or mass flow meter—will affect the time at which the lab stops the measurement for the burner heat input rate which in turn can affect the final measured value. (AHAM, No. 16 at pp. 9-10) AHAM commented that, without clarity in the enforcement procedures, to ensure compliance upon verification by a third-party lab or assessment and enforcement testing by DOE, manufacturers may be compelled to conduct repeated testing using multiple types of measurement equipment, adding unnecessary burden to an already burdensome test. AHAM recommended that DOE include in an enforcement provision that it would use the same measurement equipment for enforcement testing as was used for certification and acknowledged that such an enforcement provision would likely require including an additional reporting requirement about the type of measurement equipment used for certification: wet meter, dry meter, and mass flow meter, which AHAM would support. (AHAM, No. 16 at pp. 10-11)

AHAM further commented that, together with other stakeholders, it filed a petition

7

requesting that DOE permit an alternative calculation for the simmer portion of the conventional cooking top test procedure. AHAM also noted that it submitted joint comments on this rulemaking docket urging DOE to use the full test for enforcement purposes. (AHAM, No. 16 at p. 11;

see also

Joint Stakeholders, No. 17 at p. 2-3)

7

The docket for this petition is available at

www.regulations.gov/docket/EERE-2023-BT-TP-0006/document.

The Joint Stakeholders recommended that DOE adopt the calculation method AHAM proposed in its petition filed earlier this year for the simmer portion of the conventional cooking top test procedure as an alternative to the full simmer test. The Joint Stakeholders urged DOE to adopt that alternative calculation method together with an enforcement provision in 10 CFR 429.134 indicating DOE would rely on the full simmer test in appendix I1. The Joint Stakeholders commented their intent is that DOE would adopt a new sub-section in 10 CFR 429.134 outlining the same process it uses for enforcement related to refrigerator/freezer models with two compartments, each having its own user-operable temperature control. The Joint Stakeholders commented that for cooking products, they recommend DOE use the simmer portion of the test in the current appendix I1 before making a determination of noncompliance with respect to a basic conventional cooking top model. (Joint Stakeholders, No. 17 at p. 2)

As AHAM noted, cooking products did not fall within the scope of products covered in the September 2023 CCE NOPR. (AHAM, No. 16 at p. 8) As such, DOE has neither proposed certification or enforcement provisions for conventional cooking products in the September 2023 CCE NOPR, nor has it considered adopting reporting requirements for conventional cooking products as part of this rulemaking. DOE has also not finalized any determination regarding AHAM's petition for use of the calculation approach. DOE may consider proposals to adopt certification and reporting requirements for conventional cooking products under a separate rulemaking.

Additionally, AHAM recommended that DOE should establish requirements for clothes dryers similar to the RCW amendments proposed in the September 2023 CCE NOPR, along with test procedure requirements related to the test cloth, which AHAM stated it would suggest to DOE in the near future. (AHAM, No. 16 at p. 4)

Similarly, DOE did not propose certification or enforcement provisions

for clothes dryers in the September 2023 CCE NOPR. DOE has also not considered any amendments to its reporting requirements or test procedures for residential clothes dryers as part of this rulemaking. DOE may consider proposals to amend the certification and reporting requirements for residential clothes dryers in a separate rulemaking. DOE may also consider proposals to amend the test procedure requirements related to the test cloth in a separate rulemaking.

For consumer water heaters, Rheem requested that DOE amend the provisions at 10 CFR 429.70(g)(3)(ii) to require that electric instantaneous water heaters make representations of an untested basic model's first hour rating (“FHR”) or maximum GPM rating (“Max GPM”) through testing of the untested basic model that meets the sampling provisions at 10 CFR 429.11. Rheem noted that while the FHR of an electric storage water heater may vary little in response to the input rate, due to the large effect of the already hot water within the storage tank, the Max GPM will vary greatly with input rate. Rheem commented that a higher Max GPM is more desirable to a consumer, creating an incentive to use the alternative certification provisions to make unrepresentative Max GPM claims. (Rheem, No. 15 at pp. 7-8)

Again, DOE did not propose certification or enforcement provisions for consumer water heaters in the September 2023 CCE NOPR. DOE has also not considered any amendments to its reporting requirements for consumer water heaters as part of this rulemaking. DOE may consider proposals to amend the certification and reporting requirements for consumer water heaters in a separate rulemaking.

B. Central Air Conditioners and Heat Pumps

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

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

1. Reporting

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

see

10 CFR 429.16(e). These requirements provide for certifying compliance with the current standards applicable to CAC/HP equipment manufactured on or after January 1, 2023. 10 CFR 430.32(c). DOE is updating these requirements to align the reporting requirements with the appendix M1 test procedure and adopt general certification requirements for CAC/HPs. 88 FR 67458, 67464. DOE discusses these updates in the following sections.

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

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

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

Id.

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

Id.

Because this aspect of the basic model's operating characteristics determines the way it must be tested, manufacturers need to certify whether a variable speed coil-only rating is based on non-communicating or communicating control. Therefore, in the September 2023 CCE NOPR, DOE proposed to include this requirement in the certification template and requested comment on its proposal. 88 FR 67458, 67465.

AHRI and Carrier commented supporting DOE's proposal to require reporting of whether a variable speed coil-only rating is based on non-communicating or communicating control. (AHRI, No. 18 at p. 7; Carrier, No. 12 at p. 2)

ASAP

et al.

commented that in the October 2022 CAC/HP Final Rule, DOE defined variable-speed communicating coil-only central air conditioner or heat pump and variable-speed non-communicating coil-only central air conditioner or heat pump but the terms used in the September 2023 CCE NOPR—“non-communicating control” and “communicating control”—are not precisely defined. ASAP

et al.

recommended that DOE align the certification language and the certification template with existing language and recommended to rephrase “whether the represented value meets the definition of variable speed non-communicating coil-only.” (ASAP

et al.,

No. 14 at p. 4)

In response to the comment by ASAP

et al.,

DOE notes that “non-communication control” and “communicating control” are defined within the definitions of “variable-speed communicating coil-only central air conditioner or heat pump” and “variable-speed non-communicating coil-only central air conditioner or heat pump,” respectively, as finalized in the October 2022 CAC TP Final Rule, at section 1.2 of appendix M1. However, to better align with these definitions, DOE is slightly modifying the proposed reporting requirement to state, “whether the represented value is based on a non-communicating or communicating control system.”

For the reasons discussed in the preceding paragraphs and the September 2023 CCE NOPR, DOE is adopting reporting requirements for reporting of whether a variable speed coil-only rating is based on a non-communicating or communicating control system with the additional clarification of adding the word “system.”

b. Air Volume Rate Changing With Outdoor Conditions

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

Id.

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

Id.

For these reasons, in the September 2023 CCE NOPR, DOE proposed that manufacturers include in their certification whether the system varies blower speeds with outdoor air conditions and requested comment on its proposal. 88 FR 67458, 67465.

Carrier stated its support for DOE's proposal to require reporting of whether a CAC/HP system varies blower speeds with outdoor air conditions. However, Carrier commented that responses should be required for blower coil systems only, and the default response should be “No.” (Carrier, No. 12 at p. 2)

AHRI commented in support of DOE's proposal to require reporting of whether a CAC/HP system varies blower speeds with outdoor air conditions. AHRI commented the proposed new column, “Does the System Vary Blower Speeds with Outdoor Air Conditions?” is appropriate. AHRI additionally recommended that a response must be required for blower coil systems only, and only if applicable, with a blank field permissible for all other systems and a default of “No.” (AHRI, No. 18 at p. 7)

DOE would like to clarify that DOE intended in its proposal that manufacturers would fill in the proposed new column to report whether their CAC/HP system varies blower speeds with outdoor air conditions only if they report that their unit is a blower coil system, as indicated in the draft certification template columns published along with the September 2023 CCE NOPR in the docket for this rulemaking. This approach is consistent with the recommendations from commenters.

For the reason discussed in the preceding paragraph and the September 2023 CCE NOPR, DOE is adopting reporting requirements for reporting of whether a CAC/HP blower coil system varies blower speeds with outdoor air conditions.

c. Sampling Corrections

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

8

To correct this discrepancy, in the September 2023 CCE NOPR, DOE proposed to revise 10 CFR 429.16(b)(3)(i)-(iii) to specify that the UCL and LCL should be calculated using the Student's t-Distribution Values for a 90 percent one-tailed confidence interval outlined in appendix A. 88 FR 67458, 67465. DOE requested comment on its proposal.

Id.

8

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

Carrier commented in support of DOE's proposal to correct the sampling provisions for CAC/HPs to reference appendix A instead of appendix D. (Carrier, No. 12 at p. 2)

AHRI also commented in support of DOE's proposal to correct the sampling provisions for CAC/HPs to reference appendix A instead of appendix D, but only under the condition this is a reference change. (AHRI, No. 18 at p. 7)

For the reasons discussed in the preceding paragraphs and the September 2023 CCE NOPR, DOE is adopting the corrections to sampling provisions as proposed in the September 2023 CCE NOPR. This change updates the reference as described, but does not change the calculations.

2. Reporting Costs and Impacts

As discussed, in the September 2023 CCE NOPR, DOE proposed aligning CAC/HP certification reporting requirements with the current test procedure for CAC/HP in appendix M1, which was most recently amended by the October 2022 CAC/HP Final Rule. 88 FR 67458, 67465. The proposed certification requirements in the September 2023 CCE NOPR specifically addressed new provisions in this amended version of the appendix M1 test procedure, use of which was required beginning on April 24, 2023.

Id.

In the September 2023 CCE NOPR, DOE tentatively determined that the proposed amendments to the certification requirements would not impose additional costs for manufacturers because manufacturers of CAC/HPs are already submitting certification reports to DOE and should have readily available the information that DOE proposed to collect as part of that rulemaking. DOE stated that it did not believe the revised reporting requirements would cause any appreciable change in reporting burden or hours as compared to what CAC/HP manufacturers are currently doing today.

Id.

AHRI commented that if DOE adopted its recommendations regarding CAC/HPs, AHRI would not expect significant additional burden or cost for manufacturers associated with the amendments proposed for CAC/HPs. AHRI noted that implementing amendments to templates does come at a cost and burden to third-party certification bodies that AHRI willingly

bears for the benefit of manufacturers, regulators, and users. AHRI commented it would appreciate a more streamlined and predictable process. (AHRI, No. 18 at p. 7)

AHRI did not provide any data indicating increased costs to manufacturers related to reporting. The reporting requirements for CAC/HPs would be accomplished using the existing online data templates in DOE's CCMS, which DOE does not expect to be any more burdensome than reporting under the existing template. Based on the preceding discussion and the discussion in the September 2023 CCE NOPR, DOE makes a final determination that these amendments would not cause any measurable change in reporting burden or hours for CAC/HP manufacturers as compared to what they are currently doing today.

For the reasons discussed in the prior paragraphs and in the September 2023 CCE NOPR, in this final rule DOE is adopting the reporting requirements for CAC/HPs as proposed, with the additional clarification of adding the word “system” to the requirement to report whether a variable speed coil-only rating is based on a non-communicating or communicating control system. Compliance with these amended reporting requirements is not required until the next annual certification report filing date on or after 210 days after publication of this final rule.

C. Dishwashers

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

1. Reporting

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

9

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

9

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

DOE is updating the dishwasher certification reporting requirements and aligning the reporting requirements with the amended test procedure at appendix C1 and the new test procedure at appendix C2. Use of appendix C2 is required when determining compliance with the amended energy and water conservation standards adopted in a direct final rule published in the

Federal Register

on April 24, 2024. 89 FR 31398. Accordingly, the certification reporting requirements that are specific to appendix C2 are required to demonstrate compliance with those amended energy and water conservation standards. DOE discusses the updates in the following sections.

a. Update to the AHAM Industry Standard

The current reporting requirements at 10 CFR 429.19(b)(2) reference the industry standard, ANSI/AHAM DW-1-2010

10

to the capacity of a dishwasher in number of place settings. In the September 2023 CCE NOPR, DOE proposed to exclude this reference in the dishwasher reporting requirements at 10 CFR 429.19 because this industry standard is now obsolete. 88 FR 67458, 67466. Additionally, the reference to the definition of place settings only includes the items in the test load that comprise a single place setting; it does not define the capacity of a dishwasher itself, which is the metric that needs to be reported for dishwashers at 10 CFR 429.19(b)(2). DOE also proposed to remove ANSI/AHAM DW-1-2010 from its list of materials incorporated by reference at 10 CFR 429.4 because this standard would no longer be referenced anywhere in 10 CFR part 429 after the proposed removal of this reference from 10 CFR 429.19.

Id.

DOE requested comment on its proposal to remove this reference in the dishwasher reporting requirements.

Id.

10

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

ASAP

et al.

commented that it was appropriate for DOE to remove the reference to the now obsolete ANSI/AHAM DW-1-2010 standard from the reporting requirements for dishwashers. ASAP

et al.

noted that the capacity in number of place settings remains a reporting requirement, however, “place settings” is not defined in either 10 CFR 429.19 or appendices C1 or C2 (or references therein). ASAP

et al.

recommended that DOE should ensure that “place settings” is defined in the CFR. ASAP

et al.

additionally noted that “kilowatt hours” was not consistently hyphenated or not hyphenated in 10 CFR 429.19. (ASAP

et al.,

No. 14 at p. 4)

DOE notes that section 2.3 of appendix C1 and section 2.4 of appendix C2 specify the test load items

through reference to section 2.7.1 of AHAM DW-1-2020,

11

which additionally references section 3.4 of AHAM DW-2-2020

12

that specifies the items included in a place setting. As such, given this reference to “place settings” in appendix C1 and appendix C2, DOE is not making any changes to the reporting requirements at 10 CFR 429.19 to include a definition for place settings.

11

Uniform Test Method for Measuring the Energy Consumption of Dishwashers. AHAM DW-1-2020.

12

Household Electric Dishwashers. AHAM DW-2-2020.

Additionally, in response to the comment from ASAP

et al.

noting that “kilowatt hours” was not consistently hyphenated or not hyphenated, DOE is updating the amended requirements in 10 CFR 429.19(b)(3)(v) to remove the hyphen from “kilowatt-hours.”

For the reasons discussed in the preceding paragraphs and September 2023 CCE NOPR, DOE is adopting the proposal to remove ANSI/AHAM DW-1-2010 from the referenced industry standard in 10 CFR 429.19(b)(2) and the list of materials incorporated by reference at 10 CFR 429.4. DOE is also making minor corrections to remove the hyphen from “kilowatt-hours.”

b. Cycle Selected for Energy Test

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

i.e.,

heavy, medium, or light) does not meet the specified cleaning index threshold, the unit is tested at the most energy-intensive cycle that can achieve a cleaning index threshold of 70. 88 FR 3234, 3237. To ensure that the certification template is consistent with the tested cycle requirements specified in appendix C2, DOE proposed in the September 2023 CCE NOPR to include the following additional confidential reporting requirement at 10 CFR 429.19(b)(3)(iii): the cycle selected for the energy test at the heavy, medium, and light soil loads and whether these cycles are soil-sensing. 88 FR 67458, 67466. Further, DOE proposed to include the following additional confidential reporting requirement at 10 CFR 429.19(b)(3)(iv): the options selected for the energy test at the heavy, medium, and light soil loads.

Id.

These reporting requirements would be required only at such time as use of appendix C2 is required to demonstrate compliance with any future amended energy and water conservation standards.

Id.

DOE requested comment on its proposal.

Id.

The CA IOUs recommended that DOE make cycle setting information for dishwashers publicly available. (CA IOUs, No. 8 at p. 2) The CA IOUs stated that understanding the cycle setting would aid the public in comparing dishwashers based on the mode of operation used for the energy-efficiency results reported to DOE, allowing consumers to attain similar savings. (

Id.

) The CA IOUs stated that if DOE deems the cycle setting information to be confidential, DOE must at the very least disclose whether the test was conducted using the normal cycle or energy-intensive cycle. The CA IOUs commented that this information could be an automatic output from the cycle setting information that DOE proposes to collect confidentially. (

Id.

)

The test procedure at appendix C2 specifies a minimum cleaning index threshold of 70 as a condition of a valid test cycle. If the normal cycle does not meet this threshold value at any soil load, then appendix C2 specifies that that soil load must be tested on the most energy-intensive cycle. 10 CFR part 430, appendix C2, section 4.1(c). As such, for any dishwasher that is manufactured after April 23, 2027, the compliance date of amended standards, the rated values of energy and water consumption would be reflective of the cycle type at which the unit met the minimum cleaning index threshold. For example, if a unit does not achieve the cleaning index threshold on the normal cycle and was rated at the most energy-intensive cycle, from the consumer's perspective, such a dishwasher would consume the maximum amount of energy, reflective of its rated value, or less energy if consumers choose any other cycle. Similarly, if a dishwasher achieves the cleaning index threshold on the normal cycle, from the consumer's perspective such a dishwasher would be expected to deliver the desired cleaning performance at the cycle recommended for daily, typical, or regular use. For these reasons, DOE is not requiring public reporting of the cycle setting information for dishwashers.

The CA IOUs commented requesting DOE to require the certification reports for dishwashers to include the total water heating energy consumption publicly so consumers can make informed purchasing decisions based on their water heater type. The CA IOUs stated that different water heater recovery efficiencies are used when calculating a consumer dishwasher's estimated annual operating costs, but they are not used to calculate annual energy use, which instead relies on the assumption that the dishwasher is operating with an electric resistance water heater. The CA IOUs provided data comparing energy and water use of dishwashers with an electric resistance water heater and heat pump water heater and commented that the dishwasher test procedure in appendix C2 does not accurately estimate the water energy, total energy, and product rank order for consumers who own a heat pump water heater. The CA IOUs recommended that DOE require manufacturers to publicly report the total water heating energy consumption value, which would allow consumers and consumer product research organizations to analyze a dishwasher's potential annual energy use when paired with different water heating systems and which can be accessed from test reports without significantly increasing testing or reporting burden. The CA IOUs commented that this information would assist consumers in determining the most efficient dishwasher for their water heating system. (CA IOUs, No. 8 at pp. 2-4)

In response, DOE notes that the estimated annual energy use is calculated assuming that the dishwasher is operating with an electric resistance water heater because the current standards for dishwashers were developed using dishwasher energy consumption only with electric resistance water heaters. From the data presented by the CA IOUs, DOE notes that while the water heater efficiency impacts water heating energy consumption, and, therefore, overall machine energy consumption, it is just one of the aspects that contributes to water heating energy consumption. The water heating energy consumption for a given installation depends on the overall water consumption of the dishwasher, whether the dishwasher is connected to hot or cold water, the water heater type, and the hot water temperature setting. Of these, water consumption of dishwashers is already a reported value (in gallons per cycle). Consumers making decisions based on water heating energy consumption can do so based on these factors by choosing to calculate water heating energy consumption based on the dishwasher test procedure at appendix C1 and appendix C2 via reference to AHAM DW-1-2020.

Therefore, even if reporting water heating energy consumption would not increase testing or reporting burden, DOE does not believe reporting this metric is required because it is directly related to the already reported value of water consumption. Accordingly, DOE is not including the requirement to

report water heating energy consumption at this time.

For the reasons discussed in the preceding paragraphs and the September 2023 CCE NOPR, DOE is adopting these amendments as proposed in the September 2023 CCE NOPR.

c. Cleaning Index

As noted previously, the January 2023 DW Final Rule established a new appendix C2 that specifies a minimum cleaning index threshold as a condition for a valid test cycle. 88 FR 3234. Specifically, the January 2023 DW Final Rule states that each tested cycle on each individual unit is required to achieve the applicable cleaning index threshold to constitute a valid test cycle. 88 FR 3234, 3265-3266. To ensure that the reported test cycle is a valid test cycle that meets the specified applicable cleaning index threshold, DOE proposed to add a confidential reporting requirement for the cleaning index of the sensor heavy response, sensor medium response, and sensor light response test cycles in the September 2023 CCE NOPR. 88 FR 67458, 67467. DOE additionally proposed that the reported cleaning index for each basic model must be the average cleaning index of the individual test units at each soil level.

Id.

This reporting requirement would be required only at such time as use of appendix C2 is required to demonstrate compliance with any future amended energy and water conservation standards.

Id.

DOE requested comment on its proposals.

Id.

During the NOPR public meeting, AHAM noted that the dishwasher test procedure at appendix C2 requires a cleaning index threshold of 70 at each soil load for a valid test. AHAM stated that it would like to understand DOE's reasoning to require reporting of an average cleaning score rather than a yes/no question of whether the unit met the threshold. (AHAM, Public Meeting Transcript, No. 6 at pp. 12-13) In written comments, AHAM commented that it opposes DOE's proposed requirement to report average cleaning index scores, as this information has no practical utility in the context of currently applicable dishwasher standards and test procedures and exceeds typical test procedure reporting requirements. (AHAM, No. 9 at p. 2; AHAM, No. 16 at p. 2) AHAM commented that the January 2023 DW Final Rule stated that each tested cycle on each individual unit is required to achieve the applicable cleaning index threshold to constitute a valid test cycle, while in the September 2023 CCE NOPR, DOE proposes a confidential reporting requirement for the cleaning index of the sensor heavy response, sensor medium response, and sensor light response test cycles. AHAM commented that the test procedure at appendix C2 would require a cleaning index score of over 70 for a test cycle to be valid, and questioned why DOE would need to record specific test scores from manufacturers since any score greater than or equal to 70 is acceptable to have a valid test and the actual score is inconsequential. AHAM stated that the test procedure does not require reporting of the average cleaning score, so DOE's proposed requirement has no relation to determining whether the performance threshold has been met. AHAM commented that DOE does not collect data in many valid tests and cited the example of refrigerator manufacturers not needing to report ambient temperatures and clothes dryer manufacturers not reporting the final remaining moisture content despite the test requirement that a final remaining moisture content of 2 percent or below be achieved for a valid test. AHAM commented that manufacturers need only ensure that they meet the test procedure's 2 percent requirement. AHAM commented that if DOE wants individual scores for future consideration of amended energy conservation standards for dishwashers, DOE is obligated to collect such data as would be needed for those standards within the scope of such a rulemaking, or through a request to AHAM or its members, but not in the scope of the September 2023 CCE NOPR. AHAM commented that the cleaning index scores do not have practical utility in the context of currently applicable standards and test procedures because they are unnecessary to demonstrate compliance with standards; instead, having a cleaning index score meeting the minimum threshold is required for a valid test. (AHAM, No. 16 at pp. 2-3)

As stated, appendix C2 requires a cleaning index greater than or equal to 70 to have a valid test cycle. If the normal cycle at any soil level (

i.e.,

heavy, medium, or light) does not meet the specified cleaning index threshold, the unit is tested at the most energy-intensive cycle that can achieve a cleaning index threshold of 70. DOE notes that the test procedure at appendix C2 does not require reporting of the average cleaning index because: (a) the test procedure does not specify any reporting requirements, and (b) the test procedure specifies testing instructions for a single test unit.

Further, DOE has determined that reporting of the tested cleaning index is appropriate to ensure correct application of the test procedure requirements because it would ensure that manufacturers are recording the appropriate data when testing and reporting consistent with the appendix C2 requirements (

i.e.,

a cleaning index greater than or equal to 70). DOE has determined that this reporting would better ensure the appropriate application of appendix C2 and the sampling requirements as compared to a yes/no field. Manufacturers would be required to measure and report the cleaning index as part of any appendix C2 testing.

In regard to AHAM's comment that DOE must collect this information in a test procedure or standards rulemaking process, DOE explained in section III.A.3 of this document that it has the authority to require manufacturers to submit information that would be necessary to establish test procedures or standards. As stated, reporting of the cleaning index threshold would ensure that the test procedure at appendix C2 is conducted correctly for the purposes of certifying performance, particularly as it pertains to ensuring that the tested and reported cycle meets the cleaning index threshold specified in appendix C2. DOE does not expect this reporting requirement to be unduly burdensome because the cleaning index will be calculated and recorded for each tested cycle as part of conducting the test under appendix C2.

For the reasons discussed in the preceding paragraphs and the September 2023 NOPR, DOE is adopting the confidential reporting requirement for the cleaning index of the sensor heavy response, sensor medium response, and sensor light response test cycles when testing according to appendix C2 as proposed in the September 2023 CCE NOPR. Additionally, as proposed in the September 2023 NOPR, DOE is specifying that the reported cleaning index for each basic model much be the average cleaning index of the individual test units at each soil level.

d. Water Re-Use System Dishwashers

On November 1, 2013, DOE published a Decision and Order granting Whirlpool a test procedure waiver (“Whirlpool waiver”) for testing specified basic models equipped with a “water use system,” in which water from the final rinse cycle is stored for use in the subsequent cycle, with periodic draining (“drain out”) and cleaning (“clean out”) events. 78 FR

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

13

13

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

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, in the September 2023 CCE NOPR, DOE proposed to amend the reporting requirements at 10 CFR 429.19(b)(3) to include reporting of energy and water use associated with drain out and clean out events, consistent with the information required to be reported by Whirlpool as part of the waiver. 88 FR 67458, 67467. These reported values would be used in equations to account for the extra water and energy associated with water re-use systems. Specifically, DOE proposed that the additional machine electrical energy consumption required for a drain out event and clean out event—expressed in kWh—and the additional water consumption required for drain out and clean out events during a drain out cycle—expressed in gallons per cycle (“gal/cycle”)—be reported confidentially.

Id.

DOE requested comment on these proposals.

Id.

The CA IOUs commented that DOE should make publicly available the energy and water use from drain-out and clean-out events. The CA IOUs stated that understanding the energy and water consumption from drain out and clean out events would help stakeholders identify efficiency improvements and allow consumers to understand types of dishwasher use that would change their product's expected water and energy consumption. (CA IOUs, No. 8 at p. 2)

In response, DOE notes that it is not requiring that the energy and water use from drain-out and clean-out events be reported publicly because these metrics would not add any value to a consumer's decision-making, as the reported energy and a water use of water re-use system dishwasher would already include the energy and water use associated with a drain out or clean out event and, thus, not change a dishwasher's expected water and energy consumption compared to the rated values.

AHAM opposed DOE's proposal to amend the reporting requirements at 10 CFR 429.19(b)(3) to include reporting of energy and water use associated with drain out and clean out events. (AHAM, No. 9 at p. 2; AHAM, No. 16 at p. 3) AHAM commented that it opposed this proposal because these values are not necessary to demonstrate compliance with standards. AHAM commented that the energy and water use of a product is captured in the final test result, and this proposed additional requirement places an unnecessary reporting burden on manufacturers without a corresponding benefit. AHAM commented that the reporting of energy and water use associated with drain out and clean out events does not have practical utility and the burden is not justified by the usefulness of the data as is required by PRA. (AHAM, No. 16 at pp. 3-4)

DOE previously determined that the energy and water use associated with drain out or clean out events are needed to provide a representative measure of the energy and water use of dishwashers with water re-use systems (see Whirlpool waiver).

14

DOE notes that the impact of a water re-use system during normal use is captured in the DOE test procedure (both appendix C1 and appendix C2), but drain out and clean out events require separate consideration as they are not necessarily captured during the sequence of test cycles conducted as part of the DOE test procedure. DOE proposed this requirement because these values are necessary to determine the final machine energy consumption and water consumption if DOE were to conduct an enforcement test. As such, DOE's proposal to confidentially report the energy and water use associated with a drain out or clean out event for water re-use dishwashers is similar to the reporting requirements for any other information that DOE would require to conduct a test (

e.g.,

the energy and water use associated with each regeneration of the water softening system for dishwashers with built-in water softening systems).

14

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

www.regulations.gov.

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

e. Dishwashers With Built-In Reservoirs

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

15

15

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

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, in the September 2023 CCE NOPR, DOE proposed to amend the reporting requirements at 10 CFR 429.19(b)(3) to include reporting of the reservoir capacity in gallons, prewash and main wash fill water volume in gallons (if testing is performed using appendix C1), and the total water consumption in gallons per cycle for DWs with built-in reservoirs. 88 FR 67458, 67467. DOE's proposal to report the prewash and main wash fill water volumes is only applicable to appendix C1 because these water volumes are used to determine detergent dosage in appendix C1, while the detergent dosage in appendix C2 is dependent on the number of place settings. DOE requested comment on its proposed reporting requirements for DWs with built-in reservoirs.

Id.

AHAM commented objecting to DOE's proposed requirement for dishwashers with built-in reservoirs to include reporting of the reservoir capacity and prewash/main wash fill water volume because these data points are not needed to demonstrate compliance with standards. (AHAM, No. 9 at p. 2; AHAM, No. 16 at p. 4) AHAM commented that DOE has not described how the information would have practical utility or how the reporting burden would be justified as required by PRA. AHAM commented that DOE can request records in the event of an enforcement action. (AHAM, No. 16 at p. 4)

DOE proposed the requirement for dishwashers with built-in reservoirs to report the reservoir capacity and prewash and main wash fill water volumes because these values are required to determine the dishwasher's water consumption and detergent dosage, respectively, if DOE were to conduct an enforcement test. As such, DOE's proposal to confidentially report the water consumption and prewash and main wash fill water volumes is similar to the reporting requirements for

any other information that DOE would require to conduct a test (

e.g.,

the energy and water use associated with each regeneration of the water softening system for dishwashers with built-in water softening systems). Additionally, DOE does not expect this reporting requirement to be unduly burdensome because manufacturers of dishwashers with built-in reservoirs would already be determining these values to conduct the test procedure. Therefore, DOE is maintaining its proposal from the September 2023 CCE NOPR.

For the reasons discussed, DOE is adopting the amendments as proposed in the September 2023 CCE NOPR.

f. Rounding Requirements

In the September 2023 CCE NOPR, DOE proposed to specify at new section 10 CFR 429.19(c) that the represented value of estimated annual energy use must be rounded to the nearest kWh/yr and the represented value of water consumption must be rounded to one decimal place (

i.e.,

the nearest 0.1 gallon per cycle). 88 FR 67458, 67467. DOE noted that these rounding requirements were consistent with the existing rounding requirements for DWs specified at 10 CFR 430.23(c)(2) and 10 CFR 430.23(c)(3), respectively and requested comment on the proposed rounding requirements.

Id.

DOE did not receive any comments on the proposed rounding requirements for DWs. For the reasons discussed, DOE is adopting the requirements as proposed in the September 2023 CCE NOPR.

2. Reporting Costs and Impacts

In the September 2023 CCE NOPR, DOE proposed to align the DW certification reporting requirements with the amended test procedure at appendix C1, use of which was required beginning July 17, 2023, and with the newly adopted test procedure at appendix C2, use of which would be required at such time as compliance is required with any amended energy conservation standards based on appendix C2. 88 FR 67458, 67467.

For dishwashers, manufacturers currently report the following: (1) the estimated annual energy use in kWh/yr; (2) the water consumption in gallons per cycle; (3) the capacity in number of place settings as specified in ANSI/AHAM DW-1-2010; (4) the presence of a soil sensor, and if present, the number of cycles required to reach calibration; (5) the water inlet temperature used for testing in °F; (6) the cycle selected for the energy test and whether that cycle is soil-sensing; (7) the options selected for the energy test; (8) the presence of a built-in water softening system, and if present, the energy use in kWh and the water use in gallons required for each regeneration of the water softening system, the number of regeneration cycles per year, and data and calculations used to derive these values; and (9) indication of whether Cascade Complete Powder or Cascade with the Grease Fighting Power of Dawn was used as the detergent formulation. 10 CFR 429.19 (b)(2)-(3). Additionally, when certifying dishwashers, other than water re-use dishwashers, according to appendix C1, the following requirements are applicable: (A) Before July 17, 2023, Cascade Complete Powder detergent may be used as the basis for certification in conjunction with the detergent dosing methods specified in either section 2.5.2.1.1 or section 2.5.2.1.2 of appendix C1. Cascade with the Grease Fighting Power of Dawn detergent may be used as the basis for certification only in conjunction with the detergent dosing specified in section 2.5.2.1.1 of appendix C1; and (B) Beginning July 17, 2023, Cascade Complete Powder detergent may be used as the basis for certification of newly certified basic models only in conjunction with the detergent dosing method specified in section 2.5.2.1.2 of appendix C1. Cascade with the Grease Fighting Power of Dawn detergent may be used as the basis for certification only in conjunction with the detergent dosing specified in section 2.5.2.1.1 of appendix C1. Manufacturers may maintain existing basic model certifications made prior to July 17, 2023, consistent with the provisions of paragraph 10 CFR 429.19(b)(3)(vi)(A)-(B).

In the September 2023 CCE NOPR, DOE noted that under the proposed amendments, manufacturers would additionally report the following: (1) the cycles selected for the sensor heavy response, sensor medium response, and sensor light response and whether these cycles are soil-sensing if testing is performed using appendix C2; (2) the options selected for the sensor heavy response, sensor medium response, and sensor light response if testing is performed using appendix C2; (3) the average cleaning index for the sensor heavy response, sensor medium response, and sensor light response cycles if testing is performed using appendix C2; (4) whether the product is a water re-use system dishwasher and if so, the energy use in kWh and water use in gallons required for a drain out event, the energy use in kWh and water use in gallons required for a clean out event, the number of drain out events per year, the number of clean out events per year, the water fill volume to calculate detergent dosage in gallons, and data and calculations used to derive these values, as applicable; and (5) the presence of a built-in reservoir and if present, the manufacturer-stated reservoir capacity in gallons, the prewash fill water volume in gallons and the main wash fill water volume in gallons if testing is performed using appendix C1, and the reservoir water consumption in gallons per cycle. DOE additionally proposed to add rounding requirements for estimated annual energy use and water consumption and remove the ANSI/AHAM DW-1-2010 industry standard that is included as a reference from 10 CFR 429.4. 88 FR 67458, 67468.

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

Id.

DOE did not receive any comments on the certification and reporting costs associated with the proposed reporting requirements for DWs. In this final rule, DOE makes a final determination that the amendments to the reporting requirements for DWs would not cause any measurable change in reporting burden or hours for DW manufacturers.

For the reasons discussed in the prior paragraphs and in the September 2023 CCE NOPR, in this final rule DOE is adopting the reporting requirements for DWs as proposed. Compliance with the amended reporting requirements for appendix C1 is not required until the next annual certification report filing date on or after 210 days after publication of this final rule. Compliance with the amended reporting requirements for appendix C2 is not required until April 23, 2027, the compliance date of amended energy conservation standards based on the use of appendix C2.

D. Residential Clothes Washers

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

consumer product designed to clean clothes, utilizing a water solution of soap and/or detergent and mechanical agitation or other movement, that must be one of the following classes: automatic clothes washers, semi-automatic clothes washers, and other clothes washers. 10 CFR 430.2. In the RCW test procedure final rule published on June 1, 2022 (“June 2022 RCW Final Rule”), DOE amended the existing RCW test procedure at appendix J2, established a new test procedure at appendix J, and removed appendix J1. 87 FR 33316. Additionally, on March 15, 2024, DOE published in the

Federal Register

a direct final rule adopting amended standards for RCWs based on the new metrics as measured using appendix J (“March 2024 RCW DFR”). 89 FR 19026. Consistent with the June 2022 RCW Final Rule and the March 2024 RCW DFR, DOE is amending the reporting requirements for residential clothes washers.

1. Reporting

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

DOE is updating these requirements and specifying new reporting requirements that will apply to the new appendix J test procedure and that will be required for certifying compliance with amended standards, beginning March 1, 2028. DOE discusses these updates in the following sections.

a. Removing Appendix J1

Appendix J1 was removed from the CFR as part of the June 2022 RCW Final Rule. 87 FR 33316, 33365. Therefore, the provisions in 10 CFR 429.20(b)(2)(i), which specify reporting requirements for RCWs tested in accordance with appendix J1, are obsolete. For these reasons, DOE proposed to remove these reporting requirements, as well as requested comment on the proposed removal of appendix J1 in the September 2023 CCE NOPR. 88 FR 67458, 67468.

DOE did not receive any comments on its proposal to remove reporting requirements applicable to appendix J1 from 10 CFR 429.20(b)(2)(i). For the reasons discussed in the preceding paragraph and the September 2023 CCE NOPR, DOE is finalizing this update as proposed in the September 2023 CCE NOPR.

b. Clothes Container Capacity

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

see

section 3.1 of appendix J2), whereas the current reporting requirements at 10 CFR 429.20(b)(2) use the term “capacity.” To provide greater consistency in terminology between the test procedure and the reporting requirements, DOE proposed to update the reporting requirement terminology from “capacity” to “clothes container capacity” in the September 2023 CCE NOPR. 88 FR 67458, 67468. DOE requested comment on its proposed terminology update.

Id.

DOE did not receive any comments on its proposal to update reporting requirement terminology to specify “clothes container capacity” for RCWs. For the reasons discussed in the preceding paragraph and the September 2023 CCE NOPR, DOE is adopting this amendment as proposed in the September 2023 CCE NOPR.

c. Test Cloth Lot Number

In the June 2022 RCW Final Rule, DOE implemented new language in 10 CFR 429.134(c) that provides additional product-specific enforcement provisions for clothes washers to accommodate differences in RMC values that may result from DOE using a different test cloth lot than was used by the manufacturer for testing and certifying the basic model. 87 FR 33316, 33369-33371. To implement this new enforcement provision, DOE proposed to require reporting the test cloth lot number used during certification testing in the September 2023 CCE NOPR. 88 FR 67458, 67469. DOE also proposed that the reported test cloth lot number would not be public.

Id.

DOE requested comment on its proposal to require test cloth lot number to be reported.

Id.

AHAM commented in support of DOE's proposal to require reporting of test cloth lot number to accommodate differences in RMC values and added that the additional enforcement provision addresses AHAM's concerns related to the test cloth, including challenges surrounding certification and reporting requirements. (AHAM, No. 16 at p. 4)

The CA IOUs commented that DOE should make data publicly available on test cloth lot number for RCWs, asserting that this information would allow efficiency advocates, consumer representatives, and academia to investigate DOE's test cloth challenges. (CA IOUs, No. 8 at p. 2) The CA IOUs commented that disclosure is in the public interest to overcome information asymmetries in understanding product energy consumption and identifying and supporting test procedure changes that better reflect real-world energy use without undue manufacturer burden. (

Id.

)

In response to the CA IOUs' comment, DOE notes that test cloth lot number used for certification would not provide stakeholders with appropriate means to understand product energy consumption or to make comparisons of energy use across different cloth types. The use of test cloth correction factors in the appendix J2 and appendix J test procedures is designed specifically to ensure the consistency and representativeness of the final energy and water use values irrespective of the test cloth lot used. Accordingly, DOE would not expect any meaningful inferences to be drawn from an analysis of test cloth lot number and any of the currently certified energy and water use values. Indeed, requiring the test cloth lot number to be publicly available could introduce confusion to the consumer (for example by suggesting or implying that the certified values for each model are dependent upon the test cloth lot used) or by suggesting or implying that differences in the test cloth lot number among different basic models are indicative of differences in performance or other attributes of each basic model.

To the extent that any technical challenges arise regarding the DOE test cloth, DOE would address those in a separate rulemaking, as appropriate. DOE will coordinate with representatives from AHAM, clothes washer manufacturers, textile manufacturers, test laboratories, and academia with particular subject matter expertise in DOE test cloth and other textiles used for similar purposes in considering any improvements to the DOE test cloth requirements.

Finally, DOE understands that under certain circumstances, manufacturers may consider details such as the test cloth lot number used for testing their products to be confidential or sensitive

business information. For example, patterns in test cloth lot number data could provide indication of which laboratory conducted certification testing, or they could provide insights into research and development strategies—information that manufacturers generally consider to be trade secrets.

For the reasons discussed in the preceding paragraphs and the September 2023 CCE NOPR, DOE is adopting its proposal to require the reporting of the test cloth lot number for RCWs and for the reported test cloth lot number not to be public.

d. Specifying Requirements for Appendix J

The new appendix J test procedure establishes new energy and water efficiency metrics for RCWs. Use of appendix J is required at such time as compliance is required with any amended energy conservation standards based on these new metrics as measured using appendix J. 87 FR 33316. In the March 2024 RCW DFR, DOE adopted amended standards for RCWs based on the new metrics as measured using appendix J. 89 FR 19026. Compliance with amended standards will be required beginning March 1, 2028. Consistent with these new metrics, in the September 2023 CCE NOPR, DOE proposed to specify certification requirements at 10 CFR 429.20(b)(2)(i) corresponding to the use of appendix J, as detailed in the following sections, and requested comment on the proposed requirements. 88 FR 67458, 67469. These reporting requirements will be required to demonstrate compliance with the amended standards based on the new appendix J metrics.

Energy Efficiency Ratio and Water Efficiency Ratio

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

16

and water efficiency ratio (“WER”).

17

In the September 2023 CCE NOPR, DOE proposed to require including EER and WER as public information in a certification report for RCWs tested in accordance with appendix J. 88 FR 67458, 67469.

16

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

17

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

In the June 2022 RCW Final Rule, DOE established rounding requirements for EER and WER in 10 CFR 430.23(j)(2)(ii) and (j)(4)(ii), respectively. 87 FR 33316, 33381. These requirements specify rounding EER to the nearest 0.01 lb/kWh/cycle and rounding WER to the nearest 0.01 gal/kWh/cycle. DOE proposed in the September 2023 CCE NOPR to specify these same rounding requirements for EER and WER at 10 CFR 430.29(c). 88 FR 67458, 67469.

DOE did not receive any comments on its proposed rounding requirements for EER and WER at 10 CFR 430.29(c). For the reasons discussed in the preceding paragraphs and the September 2023 CCE NOPR, DOE is adopting its proposal for rounding requirements for EER and WER at 10 CFR 430.29(c) as proposed in the September 2023 CCE NOPR.

Type of Control System

In the March 2024 RCW DFR, DOE re-established a separate product class and separate performance-based energy conservation standards for semi-automatic RCWs.

18

89 FR 19026. Compliance with these amended standards will be required beginning March 1, 2028. To distinguish basic models as either automatic

19

or semi-automatic for the purpose of determining whether the current performance-based standards apply, as well as which energy conservation standards will apply beginning March 1, 2028, DOE proposed in the September 2023 CCE NOPR to require reporting the type of control system (automatic or semi-automatic) as public information to be included in a certification report for RCWs tested in accordance with appendix J. 88 FR 67458, 67469.

18

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

19

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

DOE did not receive any comments on its proposal to require reporting the type of control system (

i.e.,

automatic or semi-automatic) for RCWs. For the reasons discussed in the preceding paragraphs and the September 2023 CCE NOPR, DOE is adopting this requirement as proposed in the September 2023 CCE NOPR.

Other Requirements

For RCWs tested in accordance with appendix J, DOE also proposed in the September 2023 CCE NOPR to establish public reporting requirements for RMC, clothes container capacity, and type of loading (

i.e.,

top-loading or front-loading), consistent with the current reporting requirements specified at 10 CFR 429.20(b)(2)(ii) for RCWs tested in accordance with appendix J2. 88 FR 67458, 67469. These reporting requirements will be required only at such time as use of appendix J is required to demonstrate compliance with standards based on the new appendix J metrics (

i.e.,

on and after March 1, 2028).

DOE did not receive any comments on its proposal to require reporting of RMC, clothes container capacity, and type of loading (

i.e.,

top-loading or front-loading) for RCWs tested in accordance with appendix J. For the reasons discussed in the preceding paragraphs and the September 2023 CCE NOPR, DOE is adopting these requirements as proposed in the September 2023 CCE NOPR.

e. Additional Requirements

In response to the September 2023 CCE NOPR, the CA IOUs suggested that DOE require public reporting of the weighted average cycle time and default inactive/off mode power for RCWs at such time as appendix J is required to be used for compliance. (CA IOUs, No. 8 at p. 5) The CA IOUs asserted that RCWs with shorter cycle times would have an EER weighted more heavily toward default inactive/off mode operation than those with longer cycle times, and that consumers who use a clothes washer multiple times per week are likelier to prioritize active mode operation and energy consumption than consumers who run only one load per week. (

Id.)

The CA IOUs commented that providing consumers with information on the average cycle time and default inactive/off mode power would help them choose the most efficient clothes washer, and asserted that requiring these values to be reported should not result in any material increase in reporting burden. (

Id.

)

As noted by the CA IOUs, DOE does not currently require reporting weighted average cycle time or default inactive/off mode power and did not propose to add these requirements in the September 2023 CCE NOPR.

Default inactive/off mode power is measured as part of the appendix J test procedure to determine the combined low-power mode energy, which is one

of several parameters used to calculate EER.

20

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

20

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

DOE further notes that since weighted average cycle time and default inactive/off mode power were not discussed in the September 2023 CCE NOPR, the public did not have an opportunity to consider or provide comment on the CA IOUs' suggestion to add these reporting requirements. In this final rule, DOE is finalizing new reporting requirements for RCWs only for values that are required for determining compliance (and for other products, for ensuring appropriate assessment or enforcement testing) and that the public had an opportunity to comment on through the September 2023 CCE NOPR.

For the reasons discussed in the preceding paragraphs, DOE is not adopting a reporting requirement for weighted average cycle time or default inactive/off mode power.

2. Reporting Costs and Impacts

In the September 2023 CCE NOPR, DOE proposed to align RCW certification reporting requirements with the energy conservation requirements that would be applicable to RCWs tested in accordance with appendix J. 88 FR 67458, 67469.

Currently, manufacturers report IMEF, IWF, capacity, RMC, loading type, and cycle selections. In the September 2023 CCR NOPR, DOE noted that under the proposed amendments, manufacturers would additionally report test cloth lot number. DOE additionally proposed that for RCWs manufactured after the compliance date of any future energy conservation standards based on use of appendix J, manufacturers would be required to report EER, WER, capacity, RMC, control system type, loading type, cycle selections, and test cloth lot number.

In the September 2023 CCE NOPR, DOE tentatively determined that the proposed amendments would not impose additional costs for manufacturers because manufacturers of RCWs are already submitting certification reports to DOE and should have readily available the information that DOE is proposing to collect as part of this rulemaking. 88 FR 67458, 67469. DOE stated that it did not believe the revised reporting requirements would cause any appreciable change in reporting burden or hours as compared to what RCW manufacturers are currently doing today as the proposed amendments are replacement metrics or information that should be readily available.

Id.

at 88 FR 67470.

DOE did not receive any comments on the certification reporting costs of the amendments proposed for RCWs. In this final rule, DOE makes a final determination that these amendments would not cause any measurable change in reporting burden or hours for RCWs.

For the reasons discussed in the prior paragraphs, in this final rule DOE is adopting the reporting requirements for RCWs as proposed in the September 2023 CCE NOPR. Compliance with the amended reporting requirements for appendix J2 is not required until the next annual certification report filing date on or after 210 days after publication of this final rule. Compliance with the amended reporting requirements for appendix J is not required until March 1, 2028, the compliance date of the amended energy conservation standards based on the use of appendix J.

E. Pool Heaters

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

21

and use an updated efficiency metric.

Id.

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

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

1. Reporting

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

See

88 FR 34624, 34625). In the September 2023 CCE NOPR, DOE proposed to update these certification requirements and align them with the energy conservation standards outlined in the May 2023 Pool Heaters Final Rule. 88 FR 67458, 67470. DOE additionally proposed general certification requirements for consumer pool heaters.

Id.

DOE discusses these updates in the following paragraphs.

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

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

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along with the representative value for TE

I

in a separate rulemaking.

Id.

22

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

In the pool heaters energy conservation standards NOPR rulemaking (“April 2022 Pool Heaters

NOPR”), DOE addressed comments from AHRI regarding the level of

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