10 CFR Part 429 — Certification, Compliance, and Enforcement for Consumer Products and Commercial and Industrial Equipment

PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note. Source: 76 FR 12451, Mar. 7, 2011, unless otherwise noted. Editorial Note: At 90 FR 43371, Sept. 9, 2025, as required by the Congressional Review Act and Pub. L. 119-8, the Department of Energy removed the amendments to several sections in part 429 made effective on Dec. 23, 2024, at 89 FR 91163, Oct. 9, 2024. As of Sept. 9, 2025, the affected sections reverted to the Dec. 22, 2024 version. Subpart A—General Provisions § 429.1 Purpose and scope. This part sets forth the procedures for certification, determination and enforcement of compliance of covered products and covered equipment with the applicable energy conservation standards set forth in parts 430 and 431 of this subchapter. [87 FR 63646, Oct. 19, 2022] § 429.2 Definitions. (a) The definitions found in 10 CFR parts 430 and 431 apply for purposes of this part. (b) The following definitions apply for the purposes of this part. Any words or terms defined in this section or elsewhere in this part shall be defined as provided in sections 321 and 340 of the Energy Policy Conservation Act, as amended, hereinafter referred to as “the Act.” Energy conservation standard Engineered-to-order Independent (i) Hinder the ability of the program to evaluate fully or report the measured or calculated energy efficiency of any electric motor, or (ii) Create any potential or actual conflict of interest that would undermine the validity of said evaluation. For purposes of this definition, financial ties or contractual agreements between an electric motor manufacturer, importer, private labeler or vendor and a nationally recognized certification program, or accreditation program exclusively for certification or accreditation services does not negate an otherwise independent relationship. Manufacturer's model number [76 FR 12451, Mar. 7, 2011, as amended at 79 FR 25499, May 5, 2014; 81 FR 4144, Jan. 25, 2016; 82 FR 1099, Jan. 4, 2017; 87 FR 63646, Oct. 19, 2022] § 429.3 Sources for information and guidance. (a) General. (b) ISO/IEC. (1) International Organization for Standardization (ISO)/International Electrotechnical Commission (IEC), (“ISO/IEC”) 17025, “General requirements for the competence of calibration and testing laboratories,” November 2017. (2) [Reserved] (c) NVLAP. www.nist.gov/nvlap/. http://www.nist.gov/nvlap/nvlap-handbooks.cfm. (1) National Institute of Standards and Technology (NIST) Handbook 150, “NVLAP Procedures and General Requirements,” 2000 edition, August 2020. (2) National Institute of Standards and Technology (NIST) Handbook 150-10, “Efficiency of Electric Motors,” 2020 edition, April 2020. [87 FR 63646, Oct. 19, 2022] § 429.4 Materials incorporated by reference. (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the U.S. Department of Energy (DOE) must publish a document in the Federal Register [email protected]; www.energy.gov/eere/buildings/appliance-and-equipment-standards-program. www.archives.gov/federal-register/cfr/ibr-locations [email protected]. (b) AHAM. www.aham.org. (1) ANSI/AHAM DW-1-2010, Household Electric Dishwashers, (2) ANSI/AHAM PAC-1-2015 (“ANSI/AHAM PAC-1-2015”), Portable Air Conditioners, June 19, 2015, IBR approved for § 429.62. (3) AHAM PAC-1-2022, Energy Measurement Test Procedure for Portable Air Conditioners, (c) AHRI. www.ahrinet.org. (1) AHRI Standard 210/240-2023, (“AHRI 210/240-2023”), 2023 Standard for Performance Rating of Unitary Air-conditioning & Air-source Heat Pump Equipment, (2) AHRI Standard 210/240-2024 (I-P), (“AHRI 210/240-2024”), Performance Rating of Unitary Air-conditioning and Air-source Heat Pump Equipment, copyright 2024; IBR approved for § 429.134. (3) AHRI Standard 390 (I-P)-2021, (“AHRI 390-2021”), 2021 Standard for Performance Rating of Single Package Vertical Air-conditioners And Heat Pumps, (4) AHRI Standard 600-2023 (I-P) (“AHRI 600-2023”), 2023 Standard for Performance Rating of Water/Brine to Air Heat Pump Equipment, (5) AHRI Standard 1230(I-P) (“AHRI 1230-2021”), 2021 Standard for Performance Rating of Variable Refrigerant Flow (VRF) Multi-Split Air-Conditioning and Heat Pump Equipment, (6) AHRI Standard 1340-2023 (I-P) (“AHRI 1340-2023”), 2023 Standard for Performance Rating of Commercial and Industrial Unitary Air-conditioning and Heat Pump Equipment, (7) AHRI Standard 1360-2022 (I-P) (“AHRI 1360-2022”), 2022 Standard for Performance Rating of Computer and Data Processing Room Air Conditioners, (8) AHRI Standard 1500-2015, (“ANSI/AHRI Standard 1500-2015”), “2015 Standard for Performance Rating of Commercial Space Heating Boilers,” ANSI approved November 28, 2014: Figure C9, Suggested Piping Arrangement for Hot Water Boilers; IBR approved for § 429.60. (9) AHRI Standard 1600-2024 (I-P), (“AHRI 1600-2024”), Performance Rating of Unitary Air-conditioning and Air-source Heat Pump Equipment, copyright 2024; IBR approved for § 429.134. (d) ASHRAE. www.ashrae.org. (1) ANSI/ASHRAE Standard 37-2009 (“ASHRAE 37-2009”), Methods of Testing for Rating Electrically Driven Unitary Air-Conditioning and Heat Pump Equipment, (2) ANSI/ASHRAE 41.2-1987 (RA 92) (“ASHRAE 41.2-1987”), Standard Methods For Laboratory Airflow Measurement, (e) HI. www.Pumps.org (1) HI 40.6-2014, (“HI 40.6-2014-B”), “Methods for Rotodynamic Pump Efficiency Testing,”, (except for sections 40.6.4.1 “Vertically suspended pumps”, 40.6.4.2 “Submersible pumps”,40.6.5.3 “Test report”, 40.6.5.5 “Test conditions”, 40.6.5.5.2 “Speed of rotation during testing”, and 40.6.6.1 “Translation of test results to rated speed of rotation”, and Appendix A “Testing arrangements (normative)”: A.7 “Testing at temperatures exceeding 30 °C (86 °F)”, and Appendix B “Reporting of test results (normative)”), copyright 2014, IBR approved for § 429.134. (2) [Reserved] (f) ISO. www.iso.org/iso. (1) International Organization for Standardization (ISO)/International Electrotechnical Commission, (“ISO/IEC 17025:2005(E)”), “General requirements for the competence of testing and calibration laboratories”, Second edition, May 15, 2005, IBR approved for § 429.110. (2) [Reserved] (g) NSF. www.nsf.org (1) NSF/ANSI 50-2015, “Equipment for Swimming Pools, Spas, Hot Tubs and Other Recreational Water Facilities,” Annex C—“Test methods for the evaluation of centrifugal pumps,” Section C.3, “self-priming capability,” ANSI approved January 26, 2015, IBR approved for §§ 429.59 and 429.134. (2) [Reserved] (h) UL. www.ul.com. (1) UL 1004-10 (“UL 1004-10:2022”), Standard for Safety for Pool Pump Motors, (2) [Reserved] [76 FR 12451, Mar. 7, 2011, as amended at 77 FR 65977, Oct. 31, 2012; 80 FR 79668, Dec. 23, 2015; 81 FR 35264, June 1, 2016; 81 FR 89303, Dec. 9, 2016; 81 FR 90118, Dec. 13, 2016; 82 FR 36917, Aug. 7, 2017; 87 FR 63891, Oct. 20, 2022; 87 FR 75166, Dec. 7, 2022; 87 FR 77317, Dec. 16, 2022; 88 FR 21836, Apr. 11, 2023; 88 FR 31126, May 15, 2023; 88 FR 67040, Sept. 28, 2023; 88 FR 84226, Dec. 4, 2023; 89 FR 44032, May 20, 2024; 89 FR 82059, Oct. 9, 2024; 90 FR 1272, Jan. 7, 2025; 90 FR 43377, Sept. 9, 2025] § 429.5 Imported products. (a) Any person importing any covered product or covered equipment into the United States shall comply with the provisions of this part, and parts 430 and 431, and is subject to the remedies of this part. (b) Any covered product or covered equipment offered for importation in violation of this part, or part 430 or 431, shall be refused admission into the customs territory of the United States under rules issued by the U.S. Customs and Border Protection (CBP) and subject to further remedies as provided by law, except that CBP may, by such rules, authorize the importation of such covered product or covered equipment upon such terms and conditions (including the furnishing of a bond) as may appear to CBP appropriate to ensure that such covered product or covered equipment will not violate this part, or part 430 or 431, or will be exported or abandoned to the United States. § 429.6 Exported products. This part, and parts 430 and 431, shall not apply to any covered product or covered equipment if: (a) Such covered product or covered equipment is manufactured, sold, or held for sale for export from the United States or is imported for export; (b) Such covered product or covered equipment or any container in which it is enclosed, when distributed in commerce, bears a stamp or label stating “NOT FOR SALE FOR USE IN THE UNITED STATES”; and (c) Such product is, in fact, not distributed in commerce for use in the United States. § 429.7 Confidentiality. (a) The following records are not exempt from public disclosure: Product or equipment type; product or equipment class; private labeler name; brand name; applicable model number(s) unless that information meets the criteria specified in paragraph (b) of this section; energy or water ratings submitted by manufacturers to DOE pursuant to § 429.12(b)(13); whether the certification was based on a test procedure waiver and the date of such waiver; and whether the certification was based on exception relief from the Office of Hearing and Appeals and the date of such relief. (b) An individual, manufacturer model number is public information unless: (1) The individual, manufacturer model number is a unique model number of a commercial packaged boiler, commercial water heating equipment, commercial HVAC equipment or commercial refrigeration equipment that was developed for an individual customer, (2) The individual, manufacturer model number is not displayed on product literature, and (3) Disclosure of the individual, manufacturer model number would reveal confidential business information as described at § 1004.11 of this title—in which case, under these limited circumstances, a manufacturer may identify the individual manufacturer model number as a private model number on a certification report submitted pursuant to § 429.12(b)(6). (c) Pursuant to the provisions of 10 CFR 1004.11(e), any person submitting information or data which the person believes to be confidential and exempt by law from public disclosure should—at the time of submission—submit: (1) One complete copy, and one copy from which the information believed to be confidential has been deleted. (2) A request for confidentiality containing the submitter's views on the reasons for withholding the information from disclosure, including: (i) A description of the items sought to be withheld from public disclosure, (ii) Whether and why such items are customarily treated as confidential within the industry, (iii) Whether the information is generally known by or available from other sources, (iv) Whether the information has previously been made available to others without obligation concerning its confidentiality, (v) An explanation of the competitive injury to the submitting person which would result from public disclosure, (vi) A date upon which such information might lose its confidential nature due to the passage of time, and (vii) Why disclosure of the information would be contrary to the public interest. (d) In accordance with the procedures established in 10 CFR 1004.11(e), DOE shall make its own determination with regard to any claim that information submitted be exempt from public disclosure. [76 FR 12451, Mar. 7, 2011, as amended at 79 FR 25499, May 5, 2014; 80 FR 151, Jan. 5, 2015] § 429.8 Subpoena. For purposes of carrying out parts 429, 430, and 431, the General Counsel (or delegee), may sign and issue subpoenas for the attendance and testimony of witnesses and the production of relevant books, records, papers, and other documents, and administer oaths. Witnesses summoned under the provisions of this section shall be paid the same fees and mileage as are paid to witnesses in the courts of the United States. In case of contumacy by, or refusal to obey a subpoena served, upon any persons subject to parts 429, 430, or 431, the General Counsel (or delegee) may seek an order from the District Court of the United States for any District in which such person is found or resides or transacts business requiring such person to appear and give testimony, or to appear and produce documents. Failure to obey such order is punishable by such court as contempt thereof. Subpart B—Certification § 429.10 Purpose and scope. This subpart sets forth the procedures for manufacturers to certify that their covered products and covered equipment comply with the applicable energy conservation standards. § 429.11 General sampling requirements for selecting units to be tested. (a) When testing of covered products or covered equipment is required to comply with section 323(c) of the Act, or to comply with rules prescribed under sections 324, 325, 342, 344, 345 or 346 of the Act, a sample comprised of production units (or units representative of production units) of the basic model being tested must be selected at random and tested and must meet the criteria found in §§ 429.14 through 429.69 and § 429.76. Components of similar design may be substituted without additional testing if the substitution does not affect energy or water consumption. Any represented values of measures of energy efficiency, water efficiency, energy consumption, or water consumption for all individual models represented by a given basic model must be the same, except for central air conditioners and central air conditioning heat pumps, as specified in § 429.16; and (b) The minimum number of units tested shall be no less than two, except where: (1) A different minimum limit is specified in §§ 429.14 through 429.69 and § 429.76; or (2) Only one unit of the basic model is produced, in which case, that unit must be tested and the test results must demonstrate that the basic model performs at or better than the applicable standard(s). If one or more units of the basic model are manufactured subsequently, compliance with the default sampling and representations provisions is required. [87 FR 63646, Oct. 19, 2022, as amended at 88 FR 14043, Mar. 6, 2023; 88 FR 27387, May 1, 2023; 88 FR 38626, June 13, 2023] § 429.12 General requirements applicable to certification reports. (a) Certification. (b) Certification report. (1) Product or equipment type; (2) Product or equipment class (as denoted in the provisions of part 430 or 431 of this chapter containing the applicable energy conservation standard); (3) Manufacturer's name and address; (4) Private labeler's name(s) and address(es) (if applicable); (5) Brand name; (6) For each brand, the basic model number and the manufacturer's individual model number(s) in that basic model with the following exceptions: For external power supplies that are certified based on design families, the design family model number and the individual manufacturer's model numbers covered by that design family must be submitted for each brand. For distribution transformers, the basic model number or kVA grouping model number (depending on the certification method) for each brand must be submitted. For commercial HVAC, WH, and refrigeration equipment, an individual manufacturer model number may be identified as a “private model number” if it meets the requirements of § 429.7(b). (7) Whether the submission is for a new model, a discontinued model, a correction to a previously submitted model, data on a carryover model, or a model that has been found in violation of a voluntary industry certification program; (8) The test sample size as follows: (i) The number of units tested for the basic model; or (ii) In the case of single-split system or single-package central air conditioners and central air conditioning heat pumps; air-cooled, three-phase, small commercial package air conditioning and heating equipment with a cooling capacity of less than 65,000 Btu/h; air-cooled, three-phase, variable refrigerant flow multi-split air conditioners and heat pumps with a cooling capacity of less than 65,000 Btu/h; or multi-split, multi-circuit, or multi-head mini-split systems other than the “tested combination,” the number of units tested for each individual combination or individual model; or (iii) If an AEDM was used in lieu of testing, enter “0” (and in the case of central air conditioners and central air conditioning heat pumps, this must be indicated separately for each metric); (9) The certifying party's U.S. Customs and Border Protection (CBP) importer identification numbers assigned by CBP pursuant to 19 CFR 24.5, if applicable; (10) Whether certification is based upon any waiver of test procedure requirements under § 430.27 or § 431.401 of this chapter and the date(s) of such waiver(s); (11) Whether certification is based upon any exception relief from an applicable energy conservation standard and the date such relief was issued by DOE's Office of Hearings and Appeals; (12) If the test sample size is listed as “0” to indicate the certification is based upon the use of an alternate way of determining measures of energy conservation, identify the method used for determining measures of energy conservation (such as “AEDM,” or linear interpolation). Manufacturers of commercial packaged boilers, commercial water heating equipment, commercial refrigeration equipment, commercial HVAC equipment, and central air conditioners and central air conditioning heat pumps must provide the manufacturer's designation (name or other identifier) of the AEDM used; and (13) Product specific information listed in §§ 429.14 through 429.63 of this chapter. (c) Compliance statement. (1) The basic model(s) complies with the applicable energy conservation standard(s); (2) All required testing has been conducted in conformance with the applicable test requirements prescribed in parts 429, 430 and 431, as appropriate, or in accordance with the terms of an applicable test procedure waiver; (3) All information reported in the certification report is true, accurate, and complete; and (4) The manufacturer is aware of the penalties associated with violations of the Act, the regulations thereunder, and 18 U.S.C. 1001 which prohibits knowingly making false statements to the Federal Government. (d) Annual filing. Table 1 to Paragraph ( d Product category Deadline for data submission Portable air conditioners February 1. Fluorescent lamp ballasts; Compact fluorescent lamps; General service fluorescent lamps, general service incandescent lamps, and incandescent reflector lamps; Candelabra base incandescent lamps and intermediate base incandescent lamps; Ceiling fans; Ceiling fan light kits; Showerheads; Faucets; Water closets; and Urinals March 1. Water heaters; Consumer furnaces; Pool heaters; Commercial water heating equipment; Commercial packaged boilers; Commercial warm air furnaces; Commercial unit heaters; and Furnace fans May 1. Dishwashers; Commercial pre-rinse spray valves; Illuminated exit signs; Traffic signal modules and pedestrian modules; and Distribution transformers June 1. Room air conditioners; Central air conditioners and central air conditioning heat pumps; and Commercial heating, ventilating, air conditioning (HVAC) equipment July 1. Consumer refrigerators, refrigerator-freezers, and freezers; Commercial refrigerators, freezers, and refrigerator-freezers; Automatic commercial ice makers; Refrigerated bottled or canned beverage vending machines; Walk-in coolers and walk-in freezers; and Consumer miscellaneous refrigeration products August 1. Torchieres; Dehumidifiers; Metal halide lamp ballasts and fixtures; External power supplies; Pumps; and Battery chargers. September 1. Residential clothes washers; Residential clothes dryers; Direct heating equipment; Cooking products; and Commercial clothes washers October 1. (e) New model filing. (2) For distribution transformers, the manufacturer shall submit all information required in paragraphs (b) and (c) of this section for the new basic model, unless the manufacturer has previously submitted to the Department a certification report for a basic model of distribution transformer that is in the same kVA grouping as the new basic model. (f) Discontinued model filing. (g) Third party submitters. (h) Method of submission. http://www.regulations.doe.gov/ccms https://www.regulations.doe.gov/ccms/templates.html. (i) Compliance dates. (1) Commercial warm air furnaces, packaged terminal air conditioners, and packaged terminal heat pumps, July 1, 2014; (2) Commercial gas-fired and oil-fired instantaneous water heaters less than 10 gallons and commercial gas-fired and oil-fired hot water supply boilers less than 10 gallons, October 1, 2014; (3) All other types of covered commercial water heaters except those specified in paragraph (i)(2) of this section, commercial packaged boilers with input capacities less than or equal to 2.5 million Btu/h, and self-contained commercial refrigeration equipment with solid or transparent doors, December 31, 2014; (4) Variable refrigerant flow air conditioners and heat pumps, March 31, 2015; (5) Small, large, and very large air-cooled, water-cooled, evaporatively-cooled, and water-source commercial air conditioning and heating equipment, single package vertical units, computer room air conditioners, commercial package boilers with input capacities greater than 2.5 million Btu/h, and all other types of commercial refrigeration equipment except those specified in paragraph (i)(3) of this section, July 1, 2015. [76 FR 12451, Mar. 7, 2011; 76 FR 24762, May 2, 2011, as amended at 76 FR 38292, June 30, 2011; 76 FR 65365, Oct. 21, 2011; 77 FR 76830, Dec. 31, 2012; 78 FR 79593, Dec. 31, 2013; 79 FR 25500, May 5, 2014; 79 FR 38208, July 3, 2014; 81 FR 4430, Jan. 26, 2016; 81 FR 37049, June 8, 2016; 81 FR 43425, July 1, 2016; 81 FR 46789, July 18, 2016; 81 FR 59415, Aug. 29, 2016; 81 FR 95798, Dec. 28, 2016; 85 FR 1446, 1591, Jan. 10, 2020; 87 FR 43976, July 22, 2022; 87 FR 53637, Aug. 31, 2022; 87 FR 77317, Dec. 16, 2022; 89 FR 82059, Oct. 9, 2024; 90 FR 43377, Sept. 9, 2025] § 429.13 Testing requirements. (a) The determination that a basic model complies with an applicable energy conservation standard shall be determined from the values derived pursuant to the applicable testing and sampling requirements set forth in parts 429, 430 and 431. The determination that a basic model complies with the applicable design standard shall be based upon the incorporation of specific design requirements in parts 430 and 431 or as specified in section 325 and 342 of the Act. (b) Where DOE has determined a particular entity is in noncompliance with an applicable standard or certification requirement, DOE may impose additional testing requirements as a remedial measure. § 429.14 Consumer refrigerators, refrigerator-freezers and freezers. (a) Sampling plan for selection of units for testing. (2) For each basic model of residential refrigerators, refrigerator-freezers, and freezers, a sample of sufficient size shall be randomly selected and tested to ensure that— (i) Any represented value of estimated annual operating cost, energy consumption, or other measure of energy consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: (A) The mean of the sample, where: or, (B) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.10, where: and (ii) Any represented value of the energy factor or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the lower of: (A) The mean of the sample, where: or, (B) The lower 95 percent confidence limit (LCL) of the true mean divided by 0.90, where: (3) The value of total refrigerated volume of a basic model reported in accordance with paragraph (b)(2) of this section shall be the mean of the total refrigerated volumes measured for each tested unit of the basic model or the total refrigerated volume of the basic model as calculated in accordance with § 429.72(c). The value of adjusted total volume of a basic model reported in accordance with paragraph (b)(2) of this section shall be the mean of the adjusted total volumes measured for each tested unit of the basic model or the adjusted total volume of the basic model as calculated in accordance with § 429.72(c). (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: The annual energy use in kilowatt hours per year (kWh/yr); the total refrigerated volume in cubic feet (ft 3 3 (3) Pursuant to § 429.12(b)(13), a certification report shall include the following additional product-specific information: Whether the basic model has variable defrost control (in which case, manufacturers must also report the values, if any, of CT L M (c) Rounding requirements for representative values, including certified and rated values. (2) The represented value of total refrigerated volume must be rounded to the nearest 0.1 cubic foot. (3) The represented value of adjusted total volume must be rounded to the nearest 0.1 cubic foot. (d) Product category determination. (1) Compartment volume used to determine product category shall be, for each compartment, the mean of the volumes of that specific compartment for the sample of tested units of the basic model, measured according to the provisions in section 4.1 of appendix A of subpart B of part 430 of this chapter for refrigerators and refrigerator-freezers and section 4.1 of appendix B of subpart B of part 430 of this chapter for freezers, or, for each compartment, the volume of that specific compartment calculated for the basic model in accordance with § 429.72(c). (2) Determination of the compartment temperature ranges shall be based on operation under the conditions specified and using measurement of compartment temperature as specified in appendix A of subpart B of part 430 of this chapter for refrigerators and refrigerator-freezers and appendix B of subpart B of part 430 of this chapter for freezers. The determination of compartment status may require evaluation of a model at the extremes of the range of user-selectable temperature control settings. If the temperature ranges for the same compartment of multiple units of a sample are different, the maximum and minimum compartment temperatures for compartment status determination shall be based on the mean measurements for the units in the sample. [76 FR 12451, Mar. 7, 2011; 76 FR 24762, May 2, 2011, as amended at 79 FR 22348, Apr. 21, 2014; 81 FR 46789, July 18, 2016; 86 FR 56819, Oct. 12, 2021; 88 FR 7845, Feb. 7, 2023] Effective Date Note: At 81 FR 46789, July 18, 2016, § 429.14(c)(2) and (3) were stayed indefinitely. § 429.15 Room air conditioners. (a) Sampling plan for selection of units for testing. (2) For each basic model of room air conditioners, a sample of sufficient size shall be randomly selected and tested to ensure that— (i) Any represented value of estimated annual operating cost, energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: (A) The mean of the sample, where: or, (B) The upper 97 1/2 and (ii) Any represented value of the combined energy efficiency ratio (CEER) (determined in § 430.23(f)(3) for each unit in the sample) or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the lower of: (A) The mean of the sample, where: or, (B) The lower 97 1/2 (3) The cooling capacity of a basic model is the mean of the measured cooling capacities for each tested unit of the basic model, as determined in § 430.23(f)(1) of this chapter. Round the cooling capacity value to the nearest hundred. (4) The electrical power input of a basic model is the mean of the measured electrical power inputs for each tested unit of the basic model, as determined in § 430.23(f)(2) of this chapter. Round the electrical power input to the nearest ten. (5) Round the value of CEER for a basic model to one decimal place. (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: The combined energy efficiency ratio in British thermal units per Watt-hour (Btu/Wh)), cooling capacity in British thermal units per hour (Btu/h), and the electrical power input in watts (W). (3) Pursuant to § 429.12(b)(13), a certification report for a variable-speed room air conditioner basic model must include supplemental information and instructions in PDF format that include— (i) The mean measured cooling capacity for the units tested at each additional test condition ( i.e., 2 3 4 (ii) The mean electrical power input at each additional test condition (respectively, the mean of Power 2 3 4 (iii) All additional testing and testing set up instructions ( e.g., [76 FR 12451, Mar. 7, 2011; 76 FR 24763, May 2, 2011, as amended at 86 FR 16475, Mar. 29, 2021] § 429.16 Central air conditioners and central air conditioning heat pumps. (1) Required represented values. W,OFF Table 1 to Paragraph ( a Category Equipment subcategory Required represented values Single-Package Unit Single-Package Air Conditioner (AC) (including space-constrained) Every individual model distributed in commerce. Single-Package Heat Pump (HP) (including space-constrained) Every individual model distributed in commerce. Outdoor Unit and Indoor Unit (Distributed in Commerce by Outdoor Unit Manufacturer (OUM)) Single-Split-System AC with Single-Stage or Two-Stage Compressor (including Space-Constrained and Small-Duct, High Velocity Systems (SDHV)) Every individual combination distributed in commerce. Each model of outdoor unit must include a represented value for at least one coil-only individual combination that is distributed in commerce and which is representative of the least efficient combination distributed in commerce with that particular model of outdoor unit. For that particular model of outdoor unit, additional represented values for coil-only and blower-coil individual combinations are allowed, if distributed in commerce. Single-Split System AC with Other Than Single-Stage or Two-Stage Compressor (including Space-Constrained and SDHV) Every individual combination distributed in commerce, including all coil-only and blower-coil combinations. Single-Split-System HP (including Space-Constrained and SDHV) Every individual combination distributed in commerce. Multi-Split, Multi-Circuit, or Multi-Head Mini-Split Split System—non-SDHV (including Space-Constrained) For each model of outdoor unit, at a minimum, a non-ducted “tested combination.” For any model of outdoor unit also sold with models of ducted indoor units, a ducted “tested combination.” The ducted “tested combination” must comprise the highest static variety of ducted indoor unit distributed in commerce ( i.e., Multi-Split, Multi-Circuit, or Multi-Head Mini-Split Split System—SDHV For each model of outdoor unit, an SDHV “tested combination.” Additional representations are allowed, as described in paragraph (c)(3)(iii) of this section. Indoor Unit Only Distributed in Commerce by Independent Coil Manufacturer (ICM) Single-Split-System Air Conditioner (including Space-Constrained and SDHV) Every individual combination distributed in commerce. Multi-Split, Multi-Circuit, or Multi-Head Mini-Split Split System—SDHV For a model of indoor unit within each basic model, an SDHV “tested combination.” Additional representations are allowed, as described in paragraph (c)(3)(iii) of this section. Outdoor Unit with no Match Every model of outdoor unit distributed in commerce (tested with a model of coil-only indoor unit as specified in paragraph (b)(2)(i) of this section. (2) P W,OFF P W,OFF (3) Refrigerants. (ii) If a model is approved for use with multiple refrigerants, a manufacturer may make multiple separate representations for the performance of that model (all within the same individual combination or outdoor unit with no match) using the multiple approved refrigerants. In the alternative, manufacturers may certify the model (all within the same individual combination or outdoor unit with no match) with a single representation, provided that the represented value is no more efficient than its performance using the least-efficient refrigerant. If a manufacturer certifies a single model with multiple representations for the different approved refrigerants, it may use an AEDM to determine the represented values for all other refrigerants besides the refrigerant used for testing. A single representation made for multiple refrigerants may not include equipment in multiple categories or equipment subcategories listed in the table in paragraph (a)(1) of this section. (4) Limitations for represented values of individual combinations. (i) Regional. (ii) Multiple product classes. (5) Requirements. (b) Units tested General. (2) Individual model/combination selection for testing. Table 2 to Paragraph ( b i Category Equipment subcategory Must test: With: Single-Package Unit Single-Package AC (including Space-Constrained) The individual model with the lowest seasonal N/A. Outdoor Unit and Indoor Unit (Distributed in Commerce by OUM) Single-Split-System AC with Single-Stage or Two-Stage Compressor (including Space-Constrained and Small-Duct, High Velocity Systems (SDHV)) The model of outdoor unit A model of coil-only indoor unit. Single-Split-System HP with Single-Stage or Two-Stage Compressor (including Space-Constrained and SDHV) The model of outdoor unit A model of indoor unit. Single-Split System AC or HP with Other Than Single-Stage or Two-Stage Compressor having a coil-only individual combination (including Space-Constrained and SDHV) The model of outdoor unit A model of coil-only indoor unit. Single-Split System AC or HP with Other Than Single-Stage or Two-Stage Compressor without a coil-only individual combination (including Space-Constrained and SDHV) The model of outdoor unit A model of indoor unit. Multi-Split, Multi-Circuit, or Multi-Head Mini-Split Split System—non-SDHV (including Space-Constrained) The model of outdoor unit At a minimum, a “tested combination” composed entirely of non-ducted indoor units. For any models of outdoor units also sold with models of ducted indoor units, test a second “tested combination” composed entirely of ducted indoor units (in addition to the non-ducted combination). The ducted “tested combination” must comprise the highest static variety of ducted indoor unit distributed in commerce ( i.e., Multi-Split, Multi-Circuit, or Multi-Head Mini-Split Split System—SDHV The model of outdoor unit A “tested combination” composed entirely of SDHV indoor units. Indoor Unit Only (Distributed in Commerce by ICM) Single-Split-System Air Conditioner (including Space-Constrained and SDHV) A model of indoor unit The least efficient model of outdoor unit with which it will be paired where the least efficient model of outdoor unit is the model of outdoor unit in the lowest SEER2 combination (when testing under appendix M1 to subpart B of 10 CFR part 430) or SCORE combination (when testing under appendix M2 to subpart B of 10 CFR part 430) as certified by the OUM. If there are multiple models of outdoor unit with the same lowest SEER2 (when testing under appendix M1 to subpart B of 10 CFR part 430) or SCORE (when testing under appendix M2 to subpart B of 10 CFR part 430) represented value, the ICM may select one for testing purposes. Single-Split-System Heat Pump (including Space-Constrained and SDHV) Nothing, as long as an equivalent air conditioner basic model has been tested. If an equivalent air conditioner basic model has not been tested, must test a model of indoor unit Multi-Split, Multi-Circuit, or Multi-Head Mini-Split Split System—SDHV A model of indoor unit A “tested combination” composed entirely of SDHV indoor units, where the outdoor unit is the least efficient model of outdoor unit with which the SDHV indoor unit will be paired. The least efficient model of outdoor unit is the model of outdoor unit in the lowest SEER2 combination (when testing under appendix M1 to subpart B of 10 CFR part 430) or SCORE combination (when testing under appendix M2 to subpart B of 10 CFR part 430) as certified by the OUM. If there are multiple models of outdoor unit with the same lowest SEER2 represented value (when testing under appendix M1 to subpart B of 10 CFR part 430) or SCORE represented value (when testing under appendix M2 to subpart B of 10 CFR part 430), the ICM may select one for testing purposes. Outdoor Unit with No Match The model of outdoor unit A model of coil-only indoor unit meeting the requirements of section 4 of appendix M1 (when testing under appendix M1 to subpart B of 10 CFR part 430); or meeting the requirements of section 3 of appendix M2 (when testing under appendix M2 to subpart B of 10 CFR part 430). (ii) When testing in accordance with appendix M1 to subpart B of 10 CFR part 430, each individual model/combination (or “tested combination”) identified in table 2 to paragraph (b)(2)(i) of this section is not required to be tested for P W,OFF W,OFF (iii) When testing in accordance with appendix M2 to subpart B of 10 CFR part 430 and determining SCORE and SHORE, each individual model/combination (or “tested combination”) identified in table 2 to paragraph (b)(2)(i) of this section is not required to be tested for values of P 1 2 1 2 (3) Sampling plans and represented values. (i) Off-Mode. (A) The mean of the sample, where: and, x i th (B) The upper 90 percent confidence limit (UCL) of the true mean divided by 1.05, where: And x s n t 0.90 (ii) EER2, SEER2, HSPF2, SCORE, EER, and SHORE. (A) The mean of the sample, where: and, x i (B) The lower 90 percent confidence limit (LCL) of the true mean divided by 0.95, where: And x s n t 0.90 (iii) Cooling Capacity and Heating Capacity. (A) Less than or equal to the lower of: ( 1 and, x n i ( 2 And x s n t 0.90 (B) Rounded according to: ( 1 ( 2 ( 3 (c) Determination of represented values for all other individual models/combinations besides those specified in paragraph (b)(2) of this section All basic models except outdoor units with no match and multi-split systems, multi-circuit systems, and multi-head mini-split systems. (A) A sample of sufficient size, comprised of production units or representing production units, must be tested as complete systems with the resulting represented values for the individual model/combination obtained in accordance with paragraphs (b)(1) and (3) of this section; or (B) The represented values of the measures of energy efficiency or energy consumption through the application of an AEDM in accordance with paragraph (d) of this section and § 429.70. An AEDM may only be used to determine represented values for individual models or combinations in a basic model (or separate approved refrigerants within an individual combination) other than the individual model or combination(s) required for mandatory testing under paragraph (b)(2) of this section. (ii) When testing in accordance with appendix M1 to subpart B of 10 CFR part 430, for every individual model/combination within a basic model tested pursuant to paragraph (b)(2) of this section, but for which P W,OFF P W,OFF (A) The testing result from an individual model/combination of similar off-mode construction; or (B) The application of an AEDM in accordance with paragraph (d) of this section and § 429.70. (2) Outdoor units with no match. (3) For multi-split systems, multi-circuit systems, and multi-head mini-split systems. (i) When testing in accordance with appendix M1 to subpart B of 10 CFR part 430, or appendix M2 to subpart B of 10 CFR part 430, for basic models that include additional varieties of ducted indoor units ( i.e., (ii) When testing in accordance with appendix M1 to subpart B of 10 CFR part 430, or appendix M2 to subpart B of 10 CFR part 430, for basic models that include mixed combinations of indoor units (any two kinds of non-ducted, low-static, mid-static, and conventional ducted indoor units), the represented value for the mixed combination is the mean of the represented values for the individual component combinations as determined in accordance with paragraph (b)(3) of this section. (iii) When testing in accordance with appendix M1 to subpart B of 10 CFR part 430, or appendix M2 to subpart B of 10 CFR part 430, for basic models including mixed combinations of SDHV and another kind of indoor unit (any of non-ducted, low-static, mid-static, and conventional ducted), the represented value for the mixed SDHV/other combination is the mean of the represented values for the SDHV and other tested combination as determined in accordance with paragraph (b)(3) of this section. (iv) All other individual combinations of models of indoor units for the same model of outdoor unit for which the manufacturer chooses to make representations must be rated as separate basic models, and the provisions of paragraphs (b)(1) through (3) and (c)(3)(i) through (iii) of this section apply. (v) When testing in accordance with appendix M1 to subpart B of 10 CFR part 430, and with respect to P W,OFF W,OFF W,OFF (A) The testing result from an individual model or combination of similar off-mode construction, or (B) Application of an AEDM in accordance with paragraph (d) of this section and § 429.70. (d) Alternative efficiency determination methods. (1) Power or energy consumption. (2) Energy efficiency. (3) Cooling capacity. (4) Heating capacity. (e) Certification reports. (1) General. (2) Public product-specific information. W,OFF (i) For heat pumps, when certifying compliance with January 1, 2015, energy conservation standards, the heating seasonal performance factor (HSPF in British thermal units per Watt-hour (Btu/W-h)) or, when certifying compliance with January 1, 2023, energy conservation standards, heating seasonal performance factor 2 (HSPF2 in British thermal units per Watt-hour (Btu/W-h)); (ii) For central air conditioners (excluding space-constrained products), when certifying compliance with January 1, 2015, energy conservation standards, the energy efficiency ratio (EER in British thermal units per Watt-hour (Btu/W-h)) from the A or A 2 (iii) For single-split-systems, whether the represented value is for a coil-only or blower coil system; (iv) For multi-split, multiple-circuit, and multi-head mini-split systems (including VRF and SDHV), when certifying compliance with January 1, 2015, energy conservation standards, whether the represented value is for a non-ducted, ducted, mixed non-ducted/ducted system, SDHV, mixed non-ducted/SDHV system, or mixed ducted/SDHV system; (v) For all split systems including outdoor units with no match, the refrigerant. (3) Basic and individual model numbers. Equipment type Basic model number Individual model number(s) 1 2 3 Single-Package (including Space-Constrained) Number unique to the basic model Package N/A N/A. Single-Split System (including Space-Constrained and SDHV) Number unique to the basic model Outdoor Unit Indoor Unit If applicable—Air Mover (could be same as indoor unit if fan is part of indoor unit model number). Multi-Split, Multi-Circuit, and Multi-Head Mini-Split System (including Space-Constrained and SDHV) Number unique to the basic model Outdoor Unit When certifying a basic model based on tested combination(s): * * * If applicable—When certifying a basic model based on tested combination(s): * * *. Outdoor Unit with No Match Number unique to the basic model Outdoor Unit N/A N/A. (4) Additional product-specific information. C D c (i) For heat pumps, whether the optional tests were conducted to determine the C D h (ii) For multi-split, multiple-circuit, and multi-head mini-split systems, the number of indoor units tested with the outdoor unit; the nominal cooling capacity of each indoor unit and outdoor unit in the combination; and the indoor units that are not providing heating or cooling for part-load tests; (iii) For ducted systems having multiple indoor fans within a single indoor unit, the number of indoor fans; the nominal cooling capacity of the indoor unit and outdoor unit; which fan(s) operate to attain the full-load air volume rate when controls limit the simultaneous operation of all fans within the single indoor unit; and the allocation of the full-load air volume rate to each operational fan when different capacity blowers are connected to the common duct; (iv) For blower coil systems, the airflow-control settings associated with full load cooling operation; and the airflow-control settings or alternative instructions for setting fan speed to the speed upon which the rating is based; (v) For models with time-adaptive defrost control, the frosting interval to be used during Frost Accumulation tests and the procedure for manually initiating the defrost at the specified time; (vii) For variable-speed models, the compressor frequency set points, and the required dip switch/control settings for step or variable components; (viii) For variable-speed heat pumps, whether the H1 N 2 2 (ix) For models of outdoor units with no match, the following characteristics of the indoor coil: The face area, the coil depth in the direction of airflow, the fin density (fins per inch), the fin material, the fin style, the tube diameter, the tube material, and the numbers of tubes high and deep; and (x) For central air conditioners and heat pumps that have two-capacity compressors that lock out low capacity operation for cooling at higher outdoor temperatures and/or heating at lower outdoor temperatures, the outdoor temperature(s) at which the unit locks out low capacity operation. (f) Represented values for the Federal Trade Commission. (1) Annual operating cost—cooling. (i) When using appendix M1 to subpart B of 10 CFR part 430, the product of: (A) The quotient of the represented value of cooling capacity, in Btu's per hour as determined in paragraph (b)(3)(iii) of this section, and multiplied by 0.93 for variable speed heat pumps only, divided by the represented value of SEER2, in Btu's per watt-hour, as determined in paragraph (b)(3)(ii) of this section. (B) The representative average use cycle for cooling of 1,000 hours per year; (C) A conversion factor of 0.001 kilowatt per watt; and (D) The representative average unit cost of electricity in dollars per kilowatt-hour as provided pursuant to section 323(b)(2) of the Act. (ii) When using appendix M2 to subpart B of 10 CFR part 430, the product of: (A) The quotient of the represented value of cooling capacity, in Btu's per hour as determined in paragraph (b)(3)(iii) of this section, and multiplied by 0.93 for variable speed heat pumps only, divided by the represented value of SCORE, in Btu's per watt-hour, as determined in paragraph (b)(3)(ii) of this section. (B) The representative average use cycle for cooling of 1,457 hours per year; (C) A conversion factor of 0.001 kilowatt per watt; and (D) The representative average unit cost of electricity in dollars per kilowatt-hour as provided pursuant to section 323(b)(2) of the Act. (2) Annual operating cost—heating. (i) When using appendix M1 to subpart B of 10 CFR part 430, the product of: (A) The quotient of the represented value of cooling capacity (for air-source heat pumps that provide both cooling and heating) in Btu's per hour, as determined in paragraph (b)(3)(iii) of this section, or the represented value of heating capacity (for air-source heat pumps that provide only heating), as determined in paragraph (b)(3)(iii) of this section, divided by the represented value of HSPF2, in Btu's per watt-hour, calculated for Region IV, as determined in paragraph (b)(3)(ii) of this section; (B) The representative average use cycle for heating of 1,572 hours per year; (C) The adjustment factor of 1.15 (for heat pumps that are not variable speed) or 1.07 (for heat pumps that are variable speed), which serves to adjust the calculated design heating requirement and heating load hours to the actual load experienced by a heating system; (D) A conversion factor of 0.001 kilowatt per watt; and (E) The representative average unit cost of electricity in dollars per kilowatt-hour as provided pursuant to section 323(b)(2) of the Act; (ii) When using appendix M2 to subpart B of 10 CFR part 430, the product of: (A) The quotient of the represented value of cooling capacity (for air-source heat pumps that provide both cooling and heating) in Btu's per hour, as determined in paragraph (b)(3)(iii) of this section, or the represented value of heating capacity (for air-source heat pumps that provide only heating), as determined in paragraph (b)(3)(iii) of this section, divided by the represented value of SHORE, in Btu's per watt-hour, as determined in paragraph (b)(3)(ii) of this section; (B) The representative average use cycle for heating of 972 hours per year; (C) The adjustment factor of 1.15 (for heat pumps that are not variable speed) or 1.07 (for heat pumps that are variable speed), which serves to adjust the calculated design heating requirement and heating load hours to the actual load experienced by a heating system; (D) A conversion factor of 0.001 kilowatt per watt; and (E) The representative average unit cost of electricity in dollars per kilowatt-hour as provided pursuant to section 323(b)(2) of the Act; (3) Annual operating cost—total. (4) Regional annual operating cost—cooling. (i) When using appendix M1 to subpart B of 10 CFR part 430, the product of: (A) The quotient of the represented value of cooling capacity, in Btu's per hour as determined in paragraph (b)(3)(iii) of this section, and multiplied by 0.93 for variable speed heat pumps only, divided by the represented value of SEER2, in Btu's per watt-hour, as determined in paragraph (b)(3)(ii) of this section; (B) The estimated number of regional cooling load hours per year determined from the following table: Table 4 to Paragraph ( f i Climatic region Regional cooling I 2,400 II 1,800 III 1,200 IV 800 V 400 VI 200 (C) A conversion factor of 0.001 kilowatts per watt; and (D) The representative average unit cost of electricity in dollars per kilowatt-hour as provided pursuant to section 323(b)(2) of the Act. (ii) When using appendix M2 to subpart B of part 430, regional annual operating cost for cooling-only units or the cooling portion of the estimated regional annual operating cost air-source heat pumps that provide both heating and cooling, does not apply. (5) Regional annual operating cost—heating. (i) When using appendix M1 to subpart B of 10 CFR part 430, the product of: (A) The estimated number of regional heating load hours per year determined from the following table: Table 5 to Paragraph ( f i Climatic region Regional cooling I 493 II 857 III 1,247 IV 1,701 V 2,202 VI 1,842 (B) The quotient of the represented value of cooling capacity (for air-source heat pumps that provide both cooling and heating) in Btu's per hour, as determined in paragraph (b)(3)(iii)(C) of this section, or the represented value of heating capacity (for air-source heat pumps that provide only heating), as determined in paragraph (b)(3)(iii) of this section, divided by the represented value of HSPF2, in Btu's per watt-hour, calculated for the appropriate generalized climatic region of interest, and determined in paragraph (b)(3)(iii) of this section; (C) The adjustment factor of 1.15 (for heat pumps that are not variable speed) or 1.07 (for heat pumps that are variable speed), which serves to adjust the calculated design heating requirement and heating load hours to the actual load experienced by a heating system; (D) A conversion factor of 0.001 kilowatts per watt; and (E) The representative average unit cost of electricity in dollars per kilowatt-hour as provided pursuant to section 323(b)(2) of the Act. (ii) When using appendix M2 to subpart B of 10 CFR part 430, regional annual operating cost for air-source heat pumps that provide only heating or for the heating portion, does not apply. (6) Regional annual operating cost—total. (7) Annual operating cost—rounding. [81 FR 37049, June 8, 2016, as amended at 81 FR 55112, Aug. 18, 2016; 82 FR 1468, Jan. 5, 2017; 86 FR 68393, Dec. 2, 2021; 87 FR 64583, Oct. 25, 2022; 89 FR 82060, Oct. 9, 2024]; 90 FR 1273, Jan. 7, 2025; 90 FR 43378, Sept. 9, 2025] § 429.17 Water heaters. Note 1 to § 429.17: Prior to February 17, 2023, certification reports must be submitted as required either in this section or 10 CFR 429.17 as it appears in the 10 CFR parts 200 through 499 edition revised as of January 1, 2022. On or after February 17, 2023, certification reports must be submitted as required in this section. (a) Determination of represented value. (i) If the represented value is determined through testing, the general requirements of 10 CFR 429.11 are applicable; and (ii) For each basic model selected for testing, a sample of sufficient size shall be randomly selected and tested to ensure that— (A) Any represented value of the estimated annual operating cost or other measure of energy consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: ( 1 and, x i Or, ( 2 And x 0.95 (B) Any represented value of the uniform energy factor, or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the lower of: ( 1 and, x i Or, ( 2 And x 0.95 (C) Any represented value of the rated storage volume must be equal to the mean of the measured storage volumes of all the units within the sample. Any represented value of the effective storage volume must be equal to the mean of the effective storage volumes of all the units within the sample. (D) Any represented value of first-hour rating or maximum gallons per minute (GPM) must be equal to the mean of the measured first-hour ratings or measured maximum GPM ratings, respectively, of all the units within the sample. (E) For an electric storage water heater that has a permanent mode or setting in which it is capable of heating and storing water above 135 °F, where permanent mode or setting means a mode of operation that is continuous and does not require any external consumer intervention to maintain for longer than 120 hours, except for those that meet the definition of “heat pump-type” water heater at § 430.2 of this chapter, whose rated storage volumes are less than 20 gallons or greater than 55 gallons, or that are only capable of heating the stored water above 135 °F in response to instructions received from a utility or third-party demand-response program, the following applies: ( 1 ( 2 (b) Certification reports. (2) Pursuant to 10 CFR 429.12(b)(13), a certification report shall include the following public, product-specific information: (i) For storage-type water heater basic models: The uniform energy factor (UEF, rounded to the nearest 0.01), the rated storage volume in gallons (rounded to the nearest 1 gal), the first-hour rating in gallons (gal, rounded to the nearest 1 gal), and the recovery efficiency in percent (%, rounded to the nearest 1%); (ii) For instantaneous-type water heater basic models: The uniform energy factor (UEF, rounded to the nearest 0.01), the rated storage volume in gallons (gal, rounded to the nearest 1 gal), the maximum gallons per minute (gpm, rounded to the nearest 0.1 gpm), and the recovery efficiency in percent (%, rounded to the nearest 1%); and (iii) For grid-enabled water heater basic models: The uniform energy factor (UEF, rounded to the nearest 0.01), the rated storage volume in gallons (gal, rounded to the nearest 1 gal), the first-hour rating in gallons (gal, rounded to the nearest 1 gal), the recovery efficiency in percent (%, rounded to the nearest 1%), a declaration that the model is a grid-enabled water heater, whether it is equipped at the point of manufacture with an activation lock, and whether it bears a permanent label applied by the manufacturer that advises purchasers and end-users of the intended and appropriate use of the product. (c) Reporting of annual shipments for grid-enabled water heaters. i.e., [81 FR 96235, Dec. 29, 2016, as amended at 87 FR 43977, July 22, 2022; 89 FR 37941 May 6, 2024] § 429.18 Consumer furnaces. Note 1 to § 429.18: Prior to February 17, 2023, certification reports must be submitted as required either in this section or 10 CFR 429.18 as it appears in the 10 CFR parts 200 through 499 edition revised as of January 1, 2022. On or after February 17, 2023, certification reports must be submitted as required in this section. (a) Sampling plan for selection of units for testing. (2)(i) For each basic model of furnaces, other than basic models of those sectional cast-iron boilers (which may be aggregated into groups having identical intermediate sections and combustion chambers) a sample of sufficient size shall be randomly selected and tested to ensure that— (A) Any represented value of estimated annual operating cost, energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: ( 1 Or, ( 2 1/2 and (B) Any represented value of the annual fuel utilization efficiency or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the lower of: ( 1 Or, ( 2 1/2 (ii) For the lowest capacity basic model of a group of basic models of those sectional cast-iron boilers having identical intermediate sections and combustion chambers, a sample of sufficient size shall be randomly selected and tested to ensure that— (A) Any represented value of estimated annual operating cost, energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: ( 1 Or, ( 2 1/2 and (B) Any represented value of the fuel utilization efficiency or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the lower of: ( 1 Or, ( 2 1/2 (iii) For the highest capacity basic model of a group of basic models of those sectional cast-iron boilers having identical intermediate sections and combustion chambers, a sample of sufficient size shall be randomly selected and tested to ensure that— (A) Any represented value of estimated annual operating cost, energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: ( 1 Or, ( 2 1/2 and (B) Any represented value of the fuel utilization efficiency or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the lower of: ( 1 Or, ( 2 1/2 (iv) For each basic model or capacity other than the highest or lowest of the group of basic models of sectional cast-iron boilers having identical intermediate sections and combustion chambers, represented values of measures of energy consumption shall be determined by either— (A) A linear interpolation of data obtained for the smallest and largest capacity units of the family, or (B) Testing a sample of sufficient size to ensure that: ( 1 ( i Or, ( ii 1/2 and ( 2 ( i Or, ( ii 1/2 (v) Whenever measures of energy consumption determined by linear interpolation do not agree with measures of energy consumption determined by actual testing, the values determined by testing must be used for certification. (vi) In calculating the measures of energy consumption for each unit tested, use the design heating requirement corresponding to the mean of the capacities of the units of the sample. (vii) The represented value of annual fuel utilization efficiency must be rounded to the nearest one-tenth of a percentage point. The represented values of standby mode power and off mode power must be rounded to the nearest one-tenth of a watt. (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: (i) For consumer furnaces and boilers: The annual fuel utilization efficiency (AFUE) in percent (%) and the input capacity in British thermal units per hour (Btu/h). (ii) For non-weatherized oil-fired furnaces (including mobile home furnaces), electric furnaces, and boilers: The standby mode power consumption (P W,SB W,OFF (3) Pursuant to § 429.12(b)(13), a certification report shall include the following additional product-specific information: (i) For cast-iron sectional boilers: A declaration of whether certification is based on linear interpolation or testing. (ii) For gas-fired hot water boilers and gas-fired steam boilers: A declaration that the manufacturer has not incorporated a constant-burning pilot. (iii) For gas-fired hot water boilers, oil-fired hot water boilers, and electric hot water boilers: Whether the boiler is equipped with tankless domestic water heating coils, and if not, a declaration that the manufacturer has incorporated an automatic means for adjusting water temperature). (4) For multi-position furnaces, the annual fuel utilization efficiency (AFUE) reported for each basic model must be based on testing in the least efficient configuration. Manufacturers may also report and make representations of additional AFUE values based on testing in other configurations. [76 FR 12451, Mar. 7, 2011; 76 FR 24765, May 2, 2011, as amended at 76 FR 38292, June 30, 2011; 81 FR 2646, Jan. 15, 2016; 87 FR 43977, July 22, 2022] § 429.19 Dishwashers. Note 1 to § 429.19: Prior to February 17, 2023, certification reports must be submitted as required either in this section or 10 CFR 429.19 as it appears in the 10 CFR parts 200 through 499 edition revised as of January 1, 2022. On or after February 17, 2023, certification reports must be submitted as required in this section. (a) Sampling plan for selection of units for testing. (2) For each basic model of dishwashers, a sample of sufficient size shall be randomly selected and tested to ensure that— (i) Any represented value of estimated annual operating cost, energy or water consumption or other measure of energy or water consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: (A) The mean of the sample, where: Or, (B) The upper 97 1/2 and (ii) Any represented value of the energy or water factor or other measure of energy or water consumption of a basic model for which consumers would favor higher values shall be less than or equal to the lower of: (A) The mean of the sample, where: Or, (B) The lower 97 1/2 (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: The estimated annual energy use in kilowatt hours 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 (incorporated by reference, see § 429.4). (3) Pursuant to § 429.12(b)(13), a certification report shall include the following additional product-specific information— (i) The presence of a soil sensor, and if yes, the number of cycles required to reach calibration; (ii) The water inlet temperature used for testing in degrees Fahrenheit ( °F); (iii) The cycle selected for the energy test and whether that cycle is soil-sensing; (iv) The options selected for the energy test; (v) Presence of a built-in water softening system, and if yes, the energy use in kilowatt-hours 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 (vi) Indication of whether Cascade Complete Powder or Cascade with the Grease Fighting Power of Dawn was used as the detergent formulation. When certifying dishwashers, other than water re-use dishwashers, according to appendix C1 to subpart B of part 430 of this chapter: (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 to subpart B of part 430. 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 to subpart B of part 430. 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 (b)(3)(vi)(A) of this chapter. [76 FR 12451, Mar. 7, 2011; 76 FR 24766, May 2, 2011, as amended at 77 FR 31962, May 30, 2012; 77 FR 65977, Oct. 31, 2012; 81 FR 90118, Dec. 13, 2016; 87 FR 43977, July 22, 2022; 88 FR 48357, July 27, 2023; 89 FR 82061, Oct. 9, 2024; 90 FR 43379, Sept. 9, 2025] § 429.20 Residential clothes washers. (a) Sampling plan for selection of units for testing. (2) For each basic model of residential clothes washers, a sample of sufficient size shall be randomly selected and tested to ensure that— (i) Any represented value of the integrated water factor, the estimated annual operating cost, the energy or water consumption, or other measure of energy or water consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: (A) The mean of the sample, where: Or, (B) The upper 97 1/2 and (ii) Any represented value of the integrated modified energy factor, energy efficiency ratio, water efficiency ratio, or other measure of energy or water consumption of a basic model for which consumers would favor higher values shall be less than or equal to the lower of: (A) The mean of the sample, where: Or, (B) The lower 97 1/2 (3) The clothes container capacity of a basic model reported in accordance with paragraph (b)(2) of this section shall be the mean of the measured clothes container capacity, C, of all tested units of the basic model. (4) The remaining moisture content (RMC) of a basic model reported in accordance with paragraph (b)(2) of this section shall be the mean of the final RMC value measured for all tested units of the basic model. (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall contain the following public product-specific information: (i) For residential clothes washers tested in accordance with appendix J1: The modified energy factor (MEF) in cubic feet per kilowatt hour per cycle (cu ft/kWh/cycle), the capacity in cubic feet (cu ft), the corrected remaining moisture content (RMC) expressed as a percentage, and, for standard-size residential clothes washers, a water factor (WF) in gallons per cycle per cubic foot (gal/cycle/cu ft). (ii) For residential clothes washers tested in accordance with appendix J2: The integrated modified energy factor (IMEF) in cu ft/kWh/cycle, the integrated water factor (IWF) in gal/cycle/cu ft, the capacity in cu ft, the corrected remaining moisture content (RMC) expressed as a percentage, and the type of loading (top-loading or front-loading). (3) Pursuant to § 429.12(b)(13), a certification report must include the following additional product-specific information: A list of all cycle selections comprising the complete energy test cycle for each basic model. (c) Reported values. [76 FR 12451, Mar. 7, 2011; 76 FR 24767, May 2, 2011, as amended at 77 FR 13936, Mar. 7, 2012; 77 FR 32379, May 31, 2012; 80 FR 46760, Aug. 5, 2015; 87 FR 33379, June 1, 2022; 89 FR 82061, Oct. 9, 2024; 90 FR 43379, Sept. 9, 2025] § 429.21 Residential clothes dryers. (a) Sampling plan for selection of units for testing. (2) For each basic model of clothes dryers a sample of sufficient size shall be randomly selected and tested to ensure that— (i) Any represented value of estimated annual operating cost, energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: (A) The mean of the sample, where: Or, (B) The upper 97 1/2 and (ii) Any represented value of the energy factor, combined energy factor, or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the lower of: (A) The mean of the sample, where: Or, (B) The lower 97 1/2 (3) The capacity of a basic model reported in accordance with paragraph (b)(2) of this section shall be the mean of the capacities measured for each tested unit of the basic model. (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: When using appendix D1 to subpart B of part 430 of this chapter, the combined energy factor in pounds per kilowatt hours (lb/kWh), the capacity in cubic feet (cu ft), the voltage in volts (V) (for electric dryers only), an indication if the dryer has automatic termination controls, and the hourly Btu rating of the burner (for gas dryers only); when using appendix D2 to subpart B of part 430, the combined energy factor in pounds per kilowatt hours (lb/kWh), the capacity in cubic feet (cu ft), the voltage in volts (V) (for electric dryers only), an indication if the dryer has automatic termination controls, the hourly Btu rating of the burner (for gas dryers only), and a list of the cycle setting selections for the energy test cycle as recorded in section 3.4.7 of appendix D2 to subpart B of part 430. (c) Reported values. [76 FR 12451, Mar. 7, 2011; 76 FR 24767, May 2, 2011, as amended at 78 FR 49644, Aug. 14, 2013; 86 FR 56638, Oct. 8, 2021] § 429.22 Direct heating equipment. (a) Sampling plan for selection of units for testing. (2) (i) For each basic model of direct heating equipment (not including furnaces) a sample of sufficient size shall be randomly selected and tested to ensure that— (A) Any represented value of estimated annual operating cost, energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: ( 1 Or, ( 2 1/2 and (B) Any represented value of the fuel utilization efficiency or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the lower of: ( 1 Or, ( 2 1/2 (ii) In calculating the measures of energy consumption for each unit tested, use the design heating requirement corresponding to the mean of the capacities of the units of the sample. (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: Direct heating equipment, the annual fuel utilization efficiency (AFUE) in percent (%), the mean input capacity in British thermal units per hour (Btu/h), and the mean output capacity in British thermal units per hour (Btu/h). [76 FR 12451, Mar. 7, 2011; 76 FR 24768, May 2, 2011, as amended at 76 FR 38292, June 30, 2011] § 429.23 Cooking products. (a) Sampling plan for selection of units for testing. (2) For each basic model of cooking products a sample of sufficient size shall be randomly selected and tested to ensure that any represented value of estimated annual operating cost, standby mode power consumption, off mode power consumption, annual energy consumption, integrated annual energy consumption, or other measure of energy consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: (i) The mean of the sample, where: and x i th Or, (ii) The upper 97 1/2 And x t 0.975 (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: For conventional cooking tops and conventional ovens: the type of pilot light and a declaration that the manufacturer has incorporated the applicable design requirements. For microwave ovens, the average standby power in watts. [76 FR 12451, Mar. 7, 2011; 76 FR 24769, May 2, 2011, as amended at 77 FR 65977, Oct. 31, 2012; 78 FR 4025, Jan. 18, 2013; 78 FR 36368, June 17, 2013; 81 FR 91445, Dec. 16, 2016] § 429.24 Pool heaters. (a) Sampling plan for selection of units for testing. (2) For each basic model of pool heater, a sample of sufficient size shall be randomly selected and tested to ensure that any represented value of the thermal efficiency or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the lower of: (i) The mean of the sample, where: Or, (ii) The lower 97 1/2 (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: The thermal efficiency in percent (%) and the input capacity in British thermal units per hour (Btu/h). [76 FR 12451, Mar. 7, 2011; 76 FR 24769, May 2, 2011; 89 FR 82061, Oct. 9, 2024; 90 FR 43379, Sept. 9, 2025] § 429.25 Television sets. (a) Sampling plan for selection of units for testing. (2) For each basic model of television, samples shall be randomly selected and tested to ensure that— (i) Any represented value of power consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: (A) The mean of the sample, where: and x n x i i th Or, (B) For on mode power consumption, the upper 95 percent confidence limit (UCL) of the true mean divided by 1.05, where: and x s n t 0.95 And (C) For standby mode power consumption and power consumption measurements in modes other than on mode, the upper 90 percent confidence limit (UCL) of the true mean divided by 1.10, where: and x s n 0.90 (ii) Any represented annual energy consumption of a basic model shall be determined by applying the AEC calculation in section 4 of appendix H to subpart B of part 430 of this chapter to the represented values of power consumption as calculated pursuant to paragraph (a)(2)(i) of this section. (iii) Rounding requirements. (A) For power consumption in the on and standby modes, the represented value shall be rounded according to the requirements specified in sections 4.1 and 4.3 of appendix H to subpart B of part 430 of this chapter. (B) For annual energy consumption, the represented value shall be rounded according to the requirements specified in section 3.4 of appendix H to subpart B of part 430 of this chapter. (b) [Reserved] [78 FR 63840, Oct. 25, 2013, as amended at 88 FR 16109, Mar. 15, 2023] § 429.26 Fluorescent lamp ballasts. (a) Sampling plan for selection of units for testing. (2) For each basic model of fluorescent lamp ballasts, a sample of sufficient size, not less than four, shall be randomly selected and tested to ensure that— (i) Any represented value of the energy consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: (A) The mean of the sample, where: Or, (B) The upper 99 percent confidence limit (UCL) of the true mean divided by 1.01, where: and (ii) Any represented value of the ballast luminous efficiency, power factor, or other measure of the energy efficiency or energy consumption of a basic model for which consumers would favor a higher value must be less than or equal to the lower of: (A) The mean of the sample, where: Or, (B) The lower 99 percent confidence limit (LCL) of the true mean divided by 0.99, where: (iii) The represented value of average total lamp arc power must be equal to the mean of the sample, Where: x n is the number of units in the sample; and x i th (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report must include the following public product-specific information: The ballast luminous efficiency, the average total lamp arc power, the power factor, the number of lamps operated by the ballast, and the type of lamps operated by the ballast ( i.e., (c) Rounding requirements. (2) Round power factor to the nearest hundredths place. (3) Round average total lamp arc power to the nearest tenth of a watt. [76 FR 12451, Mar. 7, 2011; 76 FR 24769, May 2, 2011, as amended at 81 FR 25600, Apr. 29, 2016; 85 FR 56493, Sept. 14, 2020] § 429.27 General service fluorescent lamps. Note 1 to § 429.27: Prior to February 17, 2023, certification reports must be submitted as required either in this section or 10 CFR 429.27 as it appears in the 10 CFR parts 200 through 499 edition revised as of January 1, 2022. On or after February 17, 2023, certification reports must be submitted as required in this section. (a) Determination of Represented Value. (1) Units to be tested. (i) When testing, use a sample comprised of production units. The same sample of units must be tested and used as the basis for representations for rated wattage, average lamp efficacy, color rendering index (CRI), and correlated color temperature (CCT). (ii) For each basic model, randomly select and test a sample of sufficient size, but not less than 10 units, to ensure that represented values of average lamp efficacy are less than or equal to the lower of: (A) The arithmetic mean of the sample: or, (B) The lower 95 percent confidence limit (LCL) of the true mean divided by .97, where: (2) Any represented values of measures of energy efficiency or energy consumption for all individual models represented by a given basic model must be the same. (3) Represented values of CCT, CRI and rated wattage must be equal to the arithmetic mean of the sample. (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: The testing laboratory's ILAC accreditation body's identification number or other approved identification assigned by the ILAC accreditation body, average lamp efficacy in lumens per watt (lm/W), rated wattage in watts (W), CCT in Kelvin (K), and CRI. (c) Rounding Requirements. (2) Round average lamp efficacy to the nearest tenth of a lumen per watt. (3) Round CCT to the nearest 100 kelvin (K). (4) Round CRI to the nearest whole number. [87 FR 53637, Aug. 31, 2022] § 429.28 Faucets. (a) Sampling plan for selection of units for testing. (2) For each basic model of faucet, a sample of sufficient size shall be randomly selected and tested to ensure that any represented value of water consumption of a basic model for which consumers favor lower values shall be no less than the higher of the higher of: (i) The mean of the sample, where: Or, (ii) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.05, where: (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: For non-metering faucets, the maximum water use in gallons per minute (gpm) rounded to the nearest 0.1 gallon; for metering faucets, the maximum water use in gallons per cycle (gal/cycle) rounded to the nearest 0.01 gallon; and for all faucet types, the flow water pressure in pounds per square inch (psi). [76 FR 12451, Mar. 7, 2011; 76 FR 24771, May 2, 2011, as amended at 78 FR 62985, Oct. 23, 2013] § 429.29 Showerheads. (a) Sampling plan for selection of units for testing. (2) For each basic model of a showerhead, a sample of sufficient size shall be randomly selected and tested to ensure that any represented value of water consumption of a basic model for which consumers favor lower values shall be greater than or equal to the higher of: (i) The mean of the sample, where: Or, (ii) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.05, where: (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: The maximum water use in gallons per minute (gpm) rounded to the nearest 0.1 gallon, the maximum flow water pressure in pounds per square inch (psi), and a declaration that the showerhead meets the requirements of § 430.32(p) pertaining to mechanical retention of the flow-restricting insert, if applicable. [76 FR 12451, Mar. 7, 2011; 76 FR 24771, May 2, 2011, as amended at 78 FR 62985, Oct. 23, 2013] § 429.30 Water closets. (a) Sampling plan for selection of units for testing. (2) For each basic model of water closet, a sample of sufficient size shall be randomly selected and tested to ensure that any represented value of water consumption of a basic model for which consumers favor lower values shall be greater than or equal to the higher of: (i) The mean of the sample, where: Or, (ii) The upper 90 percent confidence limit (UCL) of the true mean divided by 1.1, where: (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: The maximum water use in gallons per flush (gpf), rounded to the nearest 0.01 gallon. For dual-flush water closets, the maximum water use to be reported is the flush volume observed when tested in the full-flush mode. [76 FR 12451, Mar. 7, 2011; 76 FR 24771, May 2, 2011, as amended at 78 FR 62986, Oct. 23, 2013] § 429.31 Urinals. (a) Sampling plan for selection of units for testing. (2) For each basic model of urinal, a sample of sufficient size shall be randomly selected and tested to ensure that any represented value of water consumption of a basic model for which consumers favor lower values shall be greater than or equal to the higher of: (i) The mean of the sample, where: Or, (ii) The upper 90 percent confidence limit (UCL) of the true mean divided by 1.1, where: (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: The maximum water use in gallons per flush (gpf), rounded to the nearest 0.01 gallon, and for trough-type urinals, the maximum flow rate in gallons per minute (gpm), rounded to the nearest 0.01 gallon, and the length of the trough in inches (in). [76 FR 12451, Mar. 7, 2011; 76 FR 24771, May 2, 2011, as amended at 78 FR 62986, Oct. 23, 2013] § 429.32 Ceiling fans. Note 1 to § 429.32: Prior to February 17, 2023, certification reports must be submitted as required either in this section or 10 CFR 429.32 as it appears in the 10 CFR parts 200 through 499 edition revised as of January 1, 2022. On or after February 17, 2023, certification reports must be submitted as required in this section. (a) Determination of represented value. (1) The requirements of § 429.11 are applicable to ceiling fans; and (2) For each basic model of ceiling fan, a sample of sufficient size must be randomly selected and tested to ensure that— (i) Any represented value of the efficiency or airflow is less than or equal to the lower of: (A) The mean of the sample, where: And x i th (B) The lower 90 percent confidence limit (LCL) of the true mean divided by 0.9, where: And x 0.90 (ii) Any represented value of the wattage is greater than or equal to the higher of: (A) The mean of the sample, where: And x i th (B) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.1, where: And x 0.95 (3) For each basic model of ceiling fan, (i) Any represented value of blade span, as defined in section 1.4 of appendix U to subpart B of part 430, is the mean of the blade spans measured for the sample selected as described in paragraph (a)(1) of this section, rounded to the nearest inch; (ii) Any represented value of blade revolutions per minute (RPM) is the mean of the blade RPM measurements measured for the sample selected as described in paragraph (a)(1) of this section, rounded to the nearest RPM; (iii) Any represented value of blade edge thickness is the mean of the blade edge thicknesses measured for the sample selected as described in paragraph (a)(1) of this section, rounded to the nearest 0.01 inch; (iv) Any represented value of the distance between the ceiling and the lowest point on the fan blades is the mean of the distances measured for the sample selected as described in paragraph (a)(1) of this section, rounded to the nearest quarter of an inch; (v) Any represented value of tip speed is pi multiplied by represented value of blade span divided by twelve multiplied by the represented value of RPM, rounded to the nearest foot per minute; and (vi) Any represented value of airflow (CFM) at high speed, including the value used to determine whether a ceiling fan is a highly-decorative ceiling fan as defined in section 1.10 of appendix U to subpart B of part 430, is determined pursuant to paragraph (a)(2)(i) and rounded to the nearest CFM. (4) To determine representative values of airflow, energy use, and estimated yearly energy cost of an LSSD or VSD ceiling fan basic model, use the following provisions. (i) Airflow. Determine the represented value for airflow by calculating the weighted-average airflow of an LSSD or VSD ceiling fan basic model at low and high fan speed as follows: Where: CFM ave CFM Low CFM High 3.0 = average daily operating hours at low fan speed, pursuant to Table 3 in appendix U to subpart B of part 430. 3.4 = average daily operating hours at high fan speed, pursuant to Table 3 in appendix U to subpart B of part 430. 6.4 = total average daily operating hours. (ii) Energy Use. Determine represented value for energy use by calculating the weighted-average power consumption of an LSSD or VSD ceiling fan basic model at low and high fan speed as follows: Where: W ave W Low W High W Sb 3.0 = average daily operating hours at low fan speed, pursuant to Table 3 in appendix U to subpart B of part 430. 3.4 = average daily operating hours at high fan speed, pursuant to Table 3 in appendix U to subpart B of part 430. 17.6 = average daily standby mode hours, pursuant to Table 3 in appendix U to subpart B of part 430. 6.4 = total average daily operating hours. (iii) Estimated Yearly Energy Cost. Determine the represented value for estimated yearly energy cost of an LSSD or VSD ceiling fan basic model at low and high fan speed as follows: Where: EYEC = represented value for estimated yearly energy cost, rounded to the nearest dollar, W Low W High W Sb C KWH 3.0 = average daily operating hours at low fan speed, pursuant to Table 3 in appendix U to subpart B of part 430 3.4 = average daily operating hours at high fan speed, pursuant to Table 3 in appendix U to subpart B of part 430. 17.6 = average daily standby mode hours, pursuant to Table 3 in appendix U to subpart B of part 430. 365 = number of days per year. 1000 = conversion factor from watts to kilowatts. (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: (i) For all ceiling fans: Blade span (in), and the number of speed control settings. (ii) For small-diameter ceiling fans: A declaration of whether the ceiling fan is a multi-head ceiling fan, and the ceiling fan efficiency (CFM/W). (iii) For large-diameter ceiling fans: Ceiling fan energy index (CFEI) for high speed, and 40 percent speed or the nearest speed that is not less than 40 percent speed. (3) Pursuant to § 429.12(b)(13), a certification report shall include the following additional product-specific information: (i) For all ceiling fans: A declaration that the manufacturer has incorporated the applicable design requirements. (ii) For small-diameter ceiling fans: Standby power, blade edge thickness (in), airflow (CFM) at high speed, and blade revolutions per minute (RPM) at high speed. (iii) For low-speed small-diameter ceiling fans: The distance (in) between the ceiling and the lowest point on the fan blades (in both hugger and standard configurations for multi-mount fans). (c) Rounding requirements. [76 FR 12451, Mar. 7, 2011, as amended at 81 FR 48639, July 25, 2016; 87 FR 43978, July 22, 2022; 87 FR 50422, Aug. 16, 2022] § 429.33 Ceiling fan light kits. Note 1 to § 429.33: Prior to February 17, 2023, certification reports must be submitted as required either in this section or 10 CFR 429.33 as it appears in the 10 CFR parts 200 through 499 edition revised as of January 1, 2022. On or after February 17, 2023, certification reports must be submitted as required in this section. (a) Determination of represented value. (1) The requirements of § 429.11 are applicable to ceiling fan light kits, and (2) For each basic model of ceiling fan light kit, the following sample size requirements are applicable to demonstrate compliance with the January 1, 2007 energy conservation standards: (i) For ceiling fan light kits with medium screw base sockets that are packaged with compact fluorescent lamps, determine the represented values of each basic model of lamp packaged with the ceiling fan light kit in accordance with § 429.35. (ii) For ceiling fan light kits with medium screw base sockets that are packaged with integrated light-emitting diode lamps, determine the represented values of each basic model of lamp packaged with the ceiling fan light kit in accordance with § 429.56. (iii) For ceiling fan light kits with pin-based sockets that are packaged with fluorescent lamps, determine the represented values of each basic model of lamp packaged with the ceiling fan light kit in accordance with the sampling requirements in § 429.35. (iv) For ceiling fan light kits with medium screw base sockets that are packaged with incandescent lamps, determine the represented values of each basic model of lamp packaged with the ceiling fan light kit in accordance with § 429.40, § 429.55 or § 429.66, as applicable. (v) For ceiling fan light kits with sockets or packaged with lamps other than those described in paragraphs (a)(2)(i), (ii), (iii), or (iv) of this section, each unit must comply with the applicable design standard in § 430.32(s)(5) of this chapter. (3) For ceiling fan light kits that require compliance with the January 21, 2020 energy conservation standards: (i) Determine the represented values of each basic model of lamp packaged with each basic model of ceiling fan light kit, in accordance with the specified section: (A) For compact fluorescent lamps, § 429.35; (B) For general service fluorescent lamps, § 429.27; (C) For incandescent lamps, § 429.40, § 429.55 or § 429.66, as applicable; (D) For integrated LED lamps, § 429.56. (E) For other fluorescent lamps (not compact fluorescent lamps or general service fluorescent lamps), § 429.35; and (F) For consumer-replaceable SSL (not integrated LED lamps) and other SSL lamps that have an ANSI standard base and are not integrated LED lamps, § 429.56. (ii) Determine the represented value of each basic model of non-consumer-replaceable SSL that is incorporated into each basic model of ceiling fan light kit by randomly selecting a sample of sufficient size and testing to ensure that any represented value of the energy efficiency of the integrated SSL circuitry basic model is less than or equal to the lower of: (A) The mean of the sample, where: and, x i th (B) The lower 95 percent confidence limit (LCL) of the true mean divided by 0.90, where: And x 0.95 (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: (i) For ceiling fan light kits manufactured prior to January 21, 2020: (A) For ceiling fan light kits with sockets for medium screw base lamps: The rated wattage in watts (W) and the system's efficacy in lumens per watt (lm/W). (B) For ceiling fan light kits with pin-based sockets for fluorescent lamps: The rated wattage in watts (W), the system's efficacy in lumens per watt (lm/W), and the length of the lamp in inches (in). (C) For ceiling fan light kits with any other socket type: The rated wattage in watts (W) and the number of individual sockets. (ii) For ceiling fan light kits manufactured on or after January 21, 2020: (A) For each basic model of lamp and/or each basic model of non-consumer-replaceable SSL packaged with the ceiling fan light kit, the brand, basic model number, test sample size, kind of lamp ( i.e., e.g., (B) For each lamp basic model identified in paragraph (b)(2)(ii)(A) of this section that is a compact fluorescent lamp with a medium screw base, the lumen maintenance at 40 percent of lifetime in percent (%) (and whether the value is estimated), the lumen maintenance at 1,000 hours in percent (%), the lifetime in hours (h) (and whether the value is estimated), and the sample size for rapid cycle stress testing and results in number of units passed (and whether the value is estimated). Estimates of lifetime, lumen maintenance at 40 percent of lifetime, and rapid cycle stress test surviving units may be reported until testing is complete. Manufacturers are required to maintain records of the development of all estimated values and any associated initial test data in accordance with § 429.71. (3) Pursuant to § 429.12(b)(13), a certification report shall include the following additional product-specific information: (i) For ceiling fan light kits with any other socket type manufactured prior to January 21, 2020, a declaration that the basic model meets the applicable design requirement, and the features that have been incorporated into the ceiling fan light kit to meet the applicable design requirement ( e.g., (ii) For ceiling fan light kits manufactured on or after January 21, 2020: (A) A declaration that the ceiling fan light kit is packaged with lamps sufficient to fill all of the lamp sockets; (B) For each basic model of lamp and/or each basic model of non-consumer-replaceable SSL packaged with the ceiling fan light kit, a declaration that, where applicable, the lamp basic model was tested by a laboratory accredited as required under § 430.25 of this chapter; and (C) For ceiling fan light kits with pin-based sockets for fluorescent lamps, a declaration that each ballast for such lamps is an electronic ballast. (c) Rounding requirements. (2) Round lumen output to three significant digits. (3) Round lumen maintenance at 1,000 hours to the nearest tenth of a percent. (4) Round lumen maintenance at 40 percent of lifetime to the nearest tenth of a percent. (5) Round lifetime to the nearest whole hour. [76 FR 12451, Mar. 7, 2011; 76 FR 24772, May 2, 2011, as amended at 80 FR 80225, Dec. 24, 2015; 81 FR 632, Jan. 6, 2016; 81 FR 43425, July 1, 2016; 84 FR 8413, Mar. 8, 2019; 87 FR 43978, July 22, 2022; 87 FR 54330, Sept. 6, 2022; 87 FR 53638, Aug. 31, 2022; 88 FR 21072, Apr. 10, 2023; 89 FR 82062, Oct. 9, 2024; 90 FR 43379, Sept. 9, 2025] § 429.34 Torchieres. (a) Sampling plan for selection of units for testing. (2) Reserved (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following additional product-specific information: A declaration that the basic model meets the applicable design requirement and the features that have been incorporated into the torchiere to meet the applicable design requirement ( e.g., § 429.35 Compact fluorescent lamps. (a) Determination of Represented Value. (1) Units to be tested. (ii)(A) For each basic model of integrated compact fluorescent lamp, the minimum number of units tested shall be no less than 10 units when testing for the initial lumen output, input power, initial lamp efficacy, lumen maintenance at 1,000 hours, lumen maintenance at 40 percent of lifetime, lifetime, CCT, CRI, power factor, and standby mode power. If more than 10 units are tested as part of the sample, the total number of units must be a multiple of 2. The same sample of units must be used as the basis for representations for initial lumen output, input power, initial lamp efficacy, lumen maintenance at 1,000 hours, lumen maintenance at 40 percent of lifetime, lifetime, CCT, CRI, power factor, and standby mode power. No less than three units from the same sample of units must be used when testing for the start time. Exactly six unique units ( i.e., (B) For each basic model of non-integrated compact fluorescent lamp, the minimum number of units tested shall be no less than 10 units when testing for the initial lumen output, input power, initial lamp efficacy, lumen maintenance at 40 percent of lifetime, lifetime, CCT, and CRI. If more than 10 units are tested as part of the sample, the total number of units must be a multiple of 2. The same sample of units must be used as the basis for representations for initial lumen output, input power, initial lamp efficacy, lumen maintenance at 40 percent of lifetime, lifetime, CCT, and CRI. (iii) For each basic model, a sample of sufficient size shall be randomly selected and tested to ensure that: (A) Represented values of initial lumen output, initial lamp efficacy, lumen maintenance at 1,000 hours, lumen maintenance at 40 percent of lifetime, CRI, power factor, or other measure of energy consumption of a basic model for which consumers would favor higher values must be less than or equal to the lower of: ( 1 Where: x n x i th Or, ( 2 Where: x s n t 0.975 (B) Represented values of input power, standby mode power, start time or other measure of energy consumption of a basic model for which consumers would favor lower values must be greater than or equal to the higher of: ( 1 Where: x n x i th Or, ( 2 Where: x s n t 0.975 (C) The represented value of CCT must be equal to the mean of the sample, Where: x n x i th (D) The represented value of lifetime must be equal to or less than the median time to failure of the sample (calculated as the arithmetic mean of the time to failure of the two middle sample units when the numbers are sorted in value order). (E) The represented value of the results of rapid cycle stress testing must be ( 1 ( 2 (2) The represented value of life (in years) of a compact fluorescent lamp must be calculated by dividing the represented lifetime of a compact fluorescent lamp as determined in (a)(1) of this section by the estimated annual operating hours as specified in 16 CFR 305.15(b)(3)(iii). (3) The represented value of the estimated annual energy cost for a compact fluorescent lamp, expressed in dollars per year, must be the product of the input power in kilowatts, an electricity cost rate as specified in 16 CFR 305.15(b)(1)(ii), and an estimated average annual use as specified in 16 CFR 305.15(b)(1)(ii). (4) For compliance with standards specified in § 430.32(u) as it appeared in 10 CFR parts 200-499 edition revised as of January 1, 2016, initial lamp efficacy may include a 3 percent tolerance added to the value determined in accordance with paragraph (a)(1)(iii)(A) of this section. (5) The represented value of lumen maintenance at 40 percent of lifetime must be based on a lifetime value that is equal to or greater than the represented value of lifetime. (6) Estimated values may be used for representations when initially testing a new basic model or when new/additional testing is required. (b) Certification reports. (2) Values reported in certification reports are represented values. Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: (i) For each basic model of medium base CFL when certifying compliance to the standards in § 430.32(u) as it appeared in 10 CFR parts 200-499 edition revised as of January 1, 2016, the testing laboratory's ILAC accreditation body's identification number or other approved identification assigned by the ILAC accreditation body, the date of first manufacture, the seasoning time in hours (h), the initial lumen output in lumens (lm), the input power in watts (W), the initial lamp efficacy in lumens per watt (lm/W), the number of sample units replaced during the seasoning period within each unique sample set used in determining the represented value, the lumen maintenance at 40 percent of lifetime in percent (%) (and whether value is estimated), the lifetime in hours (h) (and whether value is estimated), life in years (and whether value is estimated), the lumen maintenance at 1,000 hours in percent (%), and the results of rapid cycle stress testing in number of units passed. or the initial certification of new basic models or any subsequent certification based on new testing, estimates of lifetime, life, lumen maintenance at 40 percent of lifetime, and rapid cycle stress test surviving units may be reported (if indicated in the certification report) until testing is complete. When reporting estimated values, the certification report must specifically describe the prediction method, which must be generally representative of the methods specified in appendix W. Manufacturers are required to maintain records in accordance with § 429.71 of the development of all estimated values and any associated initial test data. (ii) For each basic model of integrated CFL when certifying compliance with general service lamp energy conservation standards, the testing laboratory's ILAC accreditation body's identification number or other identification assigned by the ILAC accreditation body, the date of first manufacture, a statement that the compact fluorescent lamp is integrated, the seasoning time in hours (h), the initial lumen output in lumens (lm), the input power in watts (W), the initial lamp efficacy in lumens per watt (lm/W), the CCT in kelvin (K), CRI, the lumen maintenance at 1,000 hours in percent (%), the lumen maintenance at 40 percent of lifetime in percent (%) (and whether value is estimated), start time in milliseconds, power factor, standby mode energy consumption in watts (W), the results of rapid cycle stress testing in number of units passed, the lifetime in hours (h) (and whether value is estimated), life in years (and whether value is estimated), and the number of sample units replaced during the seasoning period within the sample set used in determining the represented value. Estimates of lifetime, life, lumen maintenance at 40 percent of lifetime, and rapid cycle stress test surviving units may be reported (if indicated in the certification report) until testing is complete. When reporting estimated values, the certification report must specifically describe the prediction method, which must be generally representative of the methods specified in appendix W. Manufacturers are required to maintain records in accordance with § 429.71 of the development of all estimated values and any associated initial test data. (iii) For each basic model of non-integrated CFL when certifying compliance with general service lamp energy conservation standards, the testing laboratory's ILAC accreditation body's identification number or other identification assigned by the ILAC accreditation body, the date of first manufacture, a statement that the compact fluorescent lamp is non-integrated, the initial lumen output in lumens (lm), the input power in watts (W), the initial lamp efficacy in lumens per watt (lm/W), the CCT in kelvin (K), CRI, the lumen maintenance at 40 percent of lifetime in percent (%) (and whether value is estimated), the lifetime in hours (h) (and whether value is estimated), and the number of sample units replaced during the seasoning period within each unique sample set used in determining the represented value. Estimates of lifetime and lumen maintenance at 40 percent of lifetime may be reported (if indicated in the certification report) until testing is complete. When reporting estimated values, the certification report must specifically describe the prediction method, which must be generally representative of the methods specified in appendix W. Manufacturers are required to maintain records in accordance with § 429.71 of the development of all estimated values and any associated initial test data. (c) Rounding requirements. (1) Round input power to the nearest tenth of a watt. (2) Round lumen output to three significant digits. (3) Round initial lamp efficacy to the nearest tenth of a lumen per watt. (4) Round lumen maintenance at 1,000 hours to the nearest tenth of a percent. (5) Round lumen maintenance at 40 percent of lifetime to the nearest tenth of a percent. (6) Round CRI to the nearest whole number. (7) Round power factor to the nearest hundredths place. (8) Round lifetime to the nearest whole hour. (9) Round CCT to the nearest 100 kelvin (K). (10) Round standby mode power to the nearest tenth of a watt; and (11) Round start time to the nearest whole millisecond. [81 FR 59415, Aug. 29, 2016] § 429.36 Dehumidifiers. (a) Sampling plan for selection of units for testing. (2) For each basic model of dehumidifier selected for testing, a sample of sufficient size shall be randomly selected and tested to ensure that— (i) Any represented value of energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: (A) The mean of the sample, where: Or, (B) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.10, where: and (ii) Any represented value of the energy factor, integrated energy factor, or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the lower of: (A) The mean of the sample, where: Or, (B) The lower 95 percent confidence limit (LCL) of the true mean divided by 0.90, where: (3) The capacity of a basic model is the mean of the measured capacities for each tested unit of the basic model. Round the mean capacity value to two decimal places. (4) For whole-home dehumidifiers, the case volume of a basic model is the mean of the measured case volumes for each tested unit of the basic model. Round the mean case volume value to one decimal place. (5) Round the value of energy factor or integrated energy factor for a basic model to two decimal places. (6) Dehumidifiers distributed in commerce by the manufacturer with the ability to operate as both a portable and whole-home dehumidifier by means of installation or removal of an optional ducting kit, must be rated and certified under both configurations. (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report must include the following public product-specific information: (i) For dehumidifiers tested in accordance with appendix X: The energy factor in liters per kilowatt hour (liters/kWh) and capacity in pints per day. (ii) For dehumidifiers tested in accordance with appendix X1: The integrated energy factor in liters per kilowatt (liters/kWh), capacity in pints per day, and for whole-home dehumidifiers, case volume in cubic feet. [76 FR 12451, Mar. 7, 2011; 76 FR 24773, May 2, 2011, as amended at 77 FR 65977, Oct. 31, 2012; 80 FR 45824, July 31, 2015; 81 FR 38395, June 13, 2016; 89 FR 82062, Oct. 9, 2024; 90 FR 43380, Sept. 9, 2025] § 429.37 External power supplies. (a) Sampling plan for selection of units for testing. (2) For each basic model of external power supply selected for testing, a sample of sufficient size shall be randomly selected and tested to ensure that— (i) Any represented value of the estimated energy consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: (A) The mean of the sample, where: Or, (B) The upper 97.5 percent confidence limit (UCL) of the true mean divided by 1.05, where: and (ii) Any represented value of the estimated energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the lower of: (A) The mean of the sample, where: Or, (B) The lower 97.5 percent confidence limit (LCL) of the true mean divided by 0.95, where: (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: (i) External power supplies: (ii) Switch-selectable single-voltage external power supplies: (iii) Adaptive single-voltage external power supplies: (iv) External power supplies that are exempt from no-load mode requirements under § 430.32(w)(5) of this chapter: [76 FR 12451, Mar. 7, 2011; 76 FR 24773, May 2, 2011, as amended at 76 FR 57899, Sept. 19, 2011; 80 FR 51440, Aug. 25, 2015; 81 FR 30163, May 16, 2016; 84 FR 442, Jan. 29, 2019; 89 FR 82062, Oct. 9, 2024; 90 FR 43380, Sept. 9, 2025; 91 FR 22710, Apr. 28, 2026] § 429.38 Non-class A external power supplies. [Reserved] § 429.39 Battery chargers. (a) Determination of represented value. (1) Represented values batt 24 m sb off cd avg (2) Units to be tested. (ii) For each basic model of battery chargers other than UPSs, a sample of sufficient size must be randomly selected and tested to ensure that the represented value of UEC is greater than or equal to the higher of: (A) The mean of the sample, where: and, x n x i i (B) The upper 97.5-percent confidence limit (UCL) of the true mean divided by 1.05, where: and x s n t 0.975 (iii) For each basic model of battery chargers other than UPSs, using the sample from paragraph (a)(2)(ii) of this section, calculate the represented values of each metric ( i.e., m sb off batt 24 cd and, x n x i i (iv) For each basic model of UPSs, the represented value of Eff avg (A) A sample of sufficient size must be randomly selected and tested to ensure that the represented value of Eff avg ( 1 and, x n x i avg i ( 2 and x s n t 0.975 (B) The represented value of Eff avg avg (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report must include the following product-specific information for all battery chargers other than UPSs: The nameplate battery voltage of the test battery in volts (V), the nameplate battery charge capacity of the test battery in ampere-hours (Ah), and the nameplate battery energy capacity of the test battery in watt-hours (Wh). A certification report must also include the represented values, as determined in paragraph (a) of this section for the maintenance mode power (P m sb off batt 24 cd (3) Pursuant to § 429.12(b)(13), a certification report must include the following product-specific information for all battery chargers other than UPSs: The manufacturer and model of the test battery, and the manufacturer and model, when applicable, of the external power supply. (4) Pursuant to § 429.12(b)(13), a certification report must include the following product-specific information for all UPSs: Supported input dependency mode(s); active power in watts (W); apparent power in volt-amperes (VA); rated input and output voltages in volts (V); efficiencies at 25 percent, 50 percent, 75 percent and 100 percent of the reference test load; and average load adjusted efficiency of the lowest and highest input dependency modes. [81 FR 89821, Dec. 12, 2016, as amended at 89 FR 82063, Oct. 9, 2024; 90 FR 43380, Sept. 9, 2025] § 429.40 Candelabra base incandescent lamps and intermediate base incandescent lamps. (a) Sampling plan for selection of units for testing. (2) For each basic model of candelabra base incandescent lamp and intermediate base incandescent lamp, a minimum sample of 21 lamps shall be randomly selected and tested. Any represented value of lamp wattage of a basic model shall be based on the sample and shall be less than or equal to the lower of: (i) The mean of the sample, where: Or, (ii) The lower 97.5 percent confidence limit (LCL) of the true mean divided by 0.95, where: (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: (i) Candelabra base incandescent lamp: The rated wattage in watts (W). (ii) Intermediate base incandescent lamp: The rated wattage in watts (W). [76 FR 12451, Mar. 7, 2011; 76 FR 24774, May 2, 2011] § 429.41 Commercial warm air furnaces. (a) Determination of represented value. (1) Units to be tested. (ii) For each basic model selected for testing, a sample of sufficient size shall be randomly selected and tested to ensure that— (A) Any represented value of energy consumption or other measure of energy use of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: ( 1 and, x i th ( 2 And x 0.95 (B) Any represented value of energy efficiency or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the lower of: ( 1 and, x i th ( 2 And x 0.95 (2) Alternative efficiency determination methods. (i) Any represented value of energy consumption or other measure of energy use of a basic model for which consumers would favor lower values shall be greater than or equal to the output of the AEDM and less than or equal to the Federal standard for that basic model; and (ii) Any represented value of energy efficiency or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the output of the AEDM and greater than or equal to the Federal standard for that basic model. (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report must include the following public, equipment-specific information: The thermal efficiency in percent (%), and the maximum rated input capacity in British thermal units per hour (Btu/h). (3) Pursuant to § 429.12(b)(13), a certification report must include the following additional equipment-specific information: (i) Whether the basic model is engineered-to-order; and (ii) For any basic model rated with an AEDM, whether the manufacturer elects the witness test option for verification testing. (See § 429.70(c)(5)(iii) for options). However, the manufacturer may not select more than 10% of AEDM-rated basic models. (4) Pursuant to § 429.12(b)(13), a certification report may include supplemental testing instructions in PDF format. If necessary to run a valid test, the equipment-specific, supplemental information must include any additional testing and testing set up instructions ( e.g., e.g., [79 FR 25500, May 5, 2014, as amended at 80 FR 151, Jan. 5, 2015] § 429.42 Commercial refrigerators, freezers, and refrigerator-freezers. (a) Determination of represented value. (1) Units to be tested. (ii) For each basic model selected for testing, a sample of sufficient size shall be randomly selected and tested to ensure that— (A) Any represented value of energy consumption or other measure of energy use of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: ( 1 And x i th ( 2 And x 0.95 (B) Any represented value of the energy efficiency or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the lower of: ( 1 And, x i th ( 2 And x 0.95 (2) Alternative efficiency determination methods. (i) Any represented value of energy consumption or other measure of energy use of a basic model for which consumers would favor lower values shall be greater than or equal to the output of the AEDM and less than or equal to the Federal standard for that basic model; and (ii) Any represented value of energy efficiency or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the output of the AEDM and greater than or equal to the Federal standard for that basic model. (3) Represented value calculations. (4) Convertible equipment. (i) Customer order storage cabinets. (ii) [Reserved] (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report must include the following public, equipment-specific information: (i) The daily energy consumption in kilowatt hours per day (kWh/day); (ii) The rating temperature (e.g. lowest product application temperature, if applicable) in degrees Fahrenheit ( °F); and (iii) The chilled or frozen compartment volume in cubic feet (ft 3 3 2 (3) Pursuant to § 429.12(b)(13), a certification report must include the following additional, equipment-specific information: (i) Whether the basic model is engineered-to-order; and (ii) For any basic model rated with an AEDM, whether the manufacturer elects the witness test option for verification testing. (See § 429.70(c)(5)(iii) for options). However, the manufacturer may not select more than 10% of AEDM-rated basic models. (4) Pursuant to § 429.12(b)(13), a certification report must include supplemental information submitted in PDF format. The equipment-specific, supplemental information must include any additional testing and testing set up instructions ( e.g., e.g., e.g., [76 FR 12451, Mar. 7, 2011; 76 FR 24775, May 2, 2011, as amended at 76 FR 38292, June 30, 2011; 78 FR 79593, Dec. 31, 2013; 79 FR 22307, Apr. 21, 2014; 79 FR 25501, May 5, 2014; 80 FR 151, Jan. 5, 2015; 88 FR 66221, Sept. 26, 2023] § 429.43 Commercial heating, ventilating, air conditioning (HVAC) equipment (excluding air-cooled, three-phase, small commercial package air conditioning and heating equipment with a cooling capacity of less than 65,000 British thermal units per hour and air-cooled, three-phase, variable refrigerant flow multi-split air conditioners and heat pumps with less than 65,000 British thermal units per hour cooling capacity). (a) Determination of represented values. Manufacturers must determine the represented values, which include the certified ratings, for each basic model of commercial HVAC equipment either by testing, in conjunction with the applicable sampling provisions, or by applying an AEDM. (1) Units to be tested. (ii) For each basic model selected for testing, a sample of sufficient size shall be randomly selected and tested to ensure that— (A) Any represented value of energy consumption or other measure of energy use of a basic model, or of a tested combination for variable refrigerant flow multi-split air conditioners and heat pumps certified to standards in terms of IEER as provided at paragraph (a)(3)(ii)(C) of this section, for which consumers would favor lower values shall be greater than or equal to the higher of: ( 1 And, x i th ( 2 And x 0.95 (B) Any represented value of energy efficiency or other measure of energy consumption of a basic model, or of a tested combination for variable refrigerant flow multi-split air conditioners and heat pumps certified to standards in terms of IEER as provided at paragraph (a)(3)(ii)(C) of this section, for which consumers would favor higher values shall be less than or equal to the lower of: ( 1 And, x i th ( 2 And x 0.95 (iii) For packaged terminal air conditioners and packaged terminal heat pumps, the represented value of cooling capacity shall be the average of the capacities measured for the sample selected as described in (a)(1)(ii) of this section, rounded to the nearest 100 Btu/h. (2) Alternative efficiency determination methods. (A) Any represented value of energy consumption or other measure of energy use of a basic model for which consumers would favor lower values shall be greater than or equal to the output of the AEDM and less than or equal to the Federal standard for that basic model; and (B) Any represented value of energy efficiency or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the output of the AEDM and greater than or equal to the Federal standard for that basic model. (ii) [Reserved] (3) Product-specific provisions for determination of represented values. (A) Individual model selection: ( 1 2 ( 2 Table 1 to Paragraph ( a i Component Description Furnaces and Steam/Hydronic Heat Coils Furnaces and steam/hydronic heat coils used to provide primary or supplementary heating. Ducted Condenser Fans A condenser fan/motor assembly designed for optional external ducting of condenser air that provides greater pressure rise and has a higher rated motor horsepower than the condenser fan provided as a standard component with the equipment. Sound Traps/Sound Attenuators An assembly of structures through which the supply air passes before leaving the equipment or through which the return air from the building passes immediately after entering the equipment, for which the sound insertion loss is at least 6 dB for the 125 Hz octave band frequency range. VERS Preheat Electric resistance, hydronic, or steam heating coils used for preheating outdoor air entering a VERS. (B) When certifying, the following provisions apply. ( 1 ( 2 Table 2 Paragraph ( a i Moisture removal capacity (MRC), lb/hr Rounding multiples, 0 < MRC ≤ 30 0.2 30 < MRC ≤ 60 0.5 60 < MRC ≤ 180 1 180 < MRC 2 (ii) Variable refrigerant flow multi-split air conditioners and heat pumps (other than air-cooled with cooling capacity less than 65,000 btu/h). (A) Outdoor Unit Model Selection. (B) Indoor Unit Model Selection. ( 1 2 ( 2 ( i ( ii i.e., ( iii 2 i ii 2 Table 3 to Paragraph ( a ii 2 Component Description Air economizers An automatic system that enables a cooling system to supply and use outdoor air to reduce or eliminate the need for mechanical cooling during mild or cold weather. Dehumidification Components An assembly that reduced the moisture content of the supply air through moisture transfer with solid or liquid desiccants. (C) Represented Values for Different Indoor Unit Combinations. 1 i.e., ( 2 i.e., ( i ( ii 2 i i.e., (iii) Single package vertical units. (A) For individual model selection: ( 1 2 1 ( 2 2 Table 4 to Paragraph ( a iii Component Description Desiccant Dehumidification Components An assembly that reduces the moisture content of the supply air through moisture transfer with solid or liquid desiccants. Air Economizers An automatic system that enables a cooling system to supply outdoor air to reduce or eliminate the need for mechanical cooling during mid or cold weather. Ventilation Energy Recovery System (VERS) An assembly that preconditions outdoor air entering the equipment through direct or indirect thermal and/or moisture exchange with the exhaust air, which is defined as the building air being exhausted to the outside from the equipment. Steam/Hydronic Heat Coils Coils used to provide supplemental heating. Hot Gas Reheat A heat exchanger located downstream of the indoor coil that heats the Supply Air during cooling operation using high pressure refrigerant in order to increase the ratio of moisture removal to Cooling Capacity provided by the equipment. Fire/Smoke/Isolation Dampers A damper assembly including means to open and close the damper mounted at the supply or return duct opening of the equipment. Powered Exhaust/Powered Return Air Fans A powered exhaust fan is a fan that transfers directly to the outside a portion of the building air that is returning to the unit, rather than allowing it to recirculate to the indoor coil and back to the building. A powered return fan is a fan that draws building air into the equipment. Sound Traps/Sound Attenuators An assembly of structures through which the supply air passes before leaving the equipment or through which the return air from the building passes immediately after entering the equipment for which the sound insertion loss is at least 6 dB for the 125 Hz octave band frequency range. Hot Gas Bypass A method to adjust the cooling delivered by the equipment in which some portion of the hot high-pressure refrigerant from the discharge of the compressor(s) is diverted from its normal flow to the outdoor coil and is instead allowed to enter the indoor coil to modulate the capacity of a refrigeration circuit or to prevent evaporator coil freezing. (B) The represented value of cooling capacity must be between 95 percent and 100 percent of the mean of the capacities measured for the units in the sample selected as described in paragraph (a)(1)(ii) of this section, or between 95 percent and 100 percent of the net sensible cooling capacity output simulated by the alternative energy-efficiency determination method (AEDM) as described in paragraph (a)(2) of this section. (C) Represented values must be based on performance (either through testing or by applying an AEDM) of individual models with components and features that are selected in accordance with section 4 of appendix G1 to subpart F of 10 CFR part 431. (iv) Computer room air conditioners. (A) For individual model selection: ( 1 2 1 otherwise comparable model group ( 2 2 Table 5 to Paragraph (a)(3)(iv)(A) Component Description Air Economizers An automatic system that enables a cooling system to supply and use outdoor air to reduce or eliminate the need for mechanical cooling during mild or cold weather. Process Heat Recovery/Reclaim Coils/Thermal Storage A heat exchanger located inside the unit that conditions the equipment's supply air using energy transferred from an external source using a vapor, gas, or liquid. Evaporative Pre-cooling of Air-cooled Condenser Intake Air Water is evaporated into the air entering the air-cooled condenser to lower the dry-bulb temperature and thereby increase efficiency of the refrigeration cycle. Steam/Hydronic Heat Coils Coils used to provide supplemental heat. Refrigerant Reheat Coils A heat exchanger located downstream of the indoor coil that heats the supply air during cooling operation using high pressure refrigerant in order to increase the ratio of moisture removal to cooling capacity provided by the equipment. Powered Exhaust/Powered Return Air Fans A powered exhaust fan is a fan that transfers directly to the outside a portion of the building air that is returning to the unit, rather than allowing it to recirculate to the indoor coil and back to the building. A powered return air fan is a fan that draws building air into the equipment. Compressor Variable Frequency Drive (VFD) A device connected electrically between the equipment's power supply connection and the compressor that can vary the frequency of power supplied to the compressor in order to allow variation of the compressor's rotational speed. If the manufacturer chooses to make representations for performance at part-load and/or low-ambient conditions, compressor VFDs must be treated consistently for all cooling capacity tests for the basic model ( i.e., Fire/Smoke/Isolation Dampers A damper assembly including means to open and close the damper mounted at the supply or return duct opening of the equipment. Non-Standard Indoor Fan Motors The standard indoor fan motor is the motor specified in the manufacturer's installation instructions for testing and shall be distributed in commerce as part of a particular model. A non-standard motor is an indoor fan motor that is not the standard indoor fan motor and that is distributed in commerce as part of an individual model within the same basic model. For a non-standard indoor fan motor(s) to be considered a specific component for a basic model (and thus subject to the provisions of paragraph (a)(3)(iv)(A) of this section), the following provisions must be met: 1. Non-standard indoor fan motor(s) must meet the minimum allowable efficiency determined per section D.2.1 of AHRI 1360-2022 (incorporated by reference, see § 429.4) ( i.e., If the standard indoor fan motor can vary fan speed through control system adjustment of motor speed, all non-standard indoor fan motors must also allow speed control (including with the use of VFD). Humidifiers A device placed in the supply air stream for moisture evaporation and distribution. The device may require building steam or water, hot water, electricity, or gas to operate. Flooded Condenser Head Pressure Controls An assembly, including a receiver and head pressure control valve, used to allow for unit operation at lower outdoor ambient temperatures than the standard operating control system. Chilled Water Dual Cooling Coils A secondary chilled water coil added in the indoor air stream for use as the primary or secondary cooling circuit in conjunction with a separate chiller. Condensate Pump A device used to pump condensate and/or humidifier drain water from inside the unit to a customer drain outside the unit. (B) The represented value of net sensible cooling capacity must be between 95 percent and 100 percent of the mean of the capacities measured for the units in the sample selected as described in paragraph (a)(1)(ii) of this section, or between 95 percent and 100 percent of the net sensible cooling capacity output simulated by the AEDM as described in paragraph (a)(2) of this section. (v) Water-Source Heat Pumps. When certifying to standards in terms of IEER and ACOP, the following provisions apply. (A) Individual model selection: (1) 2 1 (2) Table 6 to Paragraph (a)(3)(v)(A) Component Description Air Economizers An automatic system that enables a cooling system to supply outdoor air to reduce or eliminate the need for mechanical cooling during mild or cold weather. Condenser Pumps/Valves/Fittings Additional components in the water circuit for water control or filtering. Condenser Water Reheat A heat exchanger located downstream of the indoor coil that heats the supply air during cooling operation using water from the condenser coil in order to increase the ratio of moisture removal to cooling capacity provided by the equipment. Desiccant Dehumidification Components An assembly that reduces the moisture content of the supply air through moisture transfer with solid or liquid desiccants. Desuperheater A heat exchanger located downstream of the compressor on the high-pressure vapor line that moves heat to an external source, such as potable water. Fire/Smoke/Isolation Dampers A damper assembly including means to open and close the damper mounted at the supply or return duct opening of the equipment. Grill Options Special grills used to direct airflow in unique applications (such as up and away from a rear wall). Indirect/Direct Evaporative Cooling of Ventilation Air Water is used indirectly or directly to cool ventilation air. In a direct system the water is introduced directly into the ventilation air and in an indirect system the water is evaporated in secondary air stream and the heat is removed through a heat exchanger. Non-Standard High-Static Indoor Fan Motors The standard indoor fan motor is the motor specified in the manufacturer's installation instructions for testing and shall be distributed in commerce as part of a particular model. A non-standard high-static motor is an indoor fan motor that is not the standard indoor fan motor and that is distributed in commerce as part of an individual model within the same basic model. 2 1. Non-standard high-static indoor fan motor(s) must meet the minimum allowable efficiency determined per section D.4.1 of AHRI 600-2023 (incorporated by reference, see § 429.4) for non-standard high-static indoor fan motors, or per section D.4.2 of AHRI 600-2023 for non-standard high-static indoor integrated fan and motor combinations. 2. If the standard indoor fan motor can vary fan speed through control system adjustment of motor speed, all non-standard high-static indoor fan motors must also allow speed control (including with the use of a variable-frequency drive). Powered Exhaust/Powered Return Air Fans A powered exhaust fan is a fan that transfers directly to the outside a portion of the building air that is returning to the unit, rather than allowing it to recirculate to the indoor coil and back to the building. A powered return fan is a fan that draws building air into the equipment. Process Heat Recovery/Reclaim Coils/Thermal Storage A heat exchanger located inside the unit that conditions the equipment's supply air using energy transferred from an external source using a vapor, gas, or liquid. Refrigerant Reheat Coils A heat exchanger located downstream of the indoor coil that heats the supply air during cooling operation using high-pressure refrigerant in order to increase the ratio of moisture removal to cooling capacity provided by the equipment. Sound Traps/Sound Attenuators An assembly of structures through which the supply air passes before leaving the equipment or through which the return air from the building passes immediately after entering the equipment for which the sound insertion loss is at least 6 dB for the 125 Hz octave band frequency range. Steam/Hydronic Heat Coils Coils used to provide supplemental heating. Ventilation Energy Recovery System (VERS) An assembly that preconditions outdoor air entering the equipment through direct or indirect thermal and/or moisture exchange with the exhaust air, which is defined as the building air being exhausted to the outside from the equipment. Waterside Economizer A heat exchanger located upstream of the indoor coil that conditions the supply air when system water loop conditions are favorable so as not to utilize compressor operation. (B) The represented value of cooling capacity must be between 95 percent and 100 percent of the mean of the cooling capacities measured for the units in the sample selected as described in paragraph (a)(1)(ii) of this section, or between 95 percent and 100 percent of the cooling capacity output simulated by the AEDM as described in paragraph (a)(2) of this section. (vi) Commercial package air conditioning and heating equipment (excluding air-cooled equipment with a cooling capacity less than 65,000 Btu/h). (A) For individual model selection when certifying to energy conservation standards in terms of IVEC and (as applicable) IVHE: ( 1 2 1 ( 2 2 Table 7 to Paragraph ( a vi [Excluding air-cooled equipment with a cooling capacity of less than 65,000 Btu/h] Component Description Air Economizers An automatic system that enables a cooling system to supply outdoor air to reduce or eliminate the need for mechanical cooling during mild or cold weather. Desiccant Dehumidification Components An assembly that reduces the moisture content of the supply air through moisture transfer with solid or liquid desiccants. Evaporative Pre-cooling of Air-cooled Condenser Intake Air Water is evaporated into the air entering the air-cooled condenser to lower the dry-bulb temperature and thereby increase efficiency of the refrigeration cycle. Fire/Smoke/Isolation Dampers A damper assembly including means to open and close the damper mounted at the supply or return duct opening of the equipment. Indirect/Direct Evaporative Cooling of Ventilation Air Water is used indirectly or directly to cool ventilation air. In a direct system, the water is introduced directly into the ventilation air, and in an indirect system, the water is evaporated in secondary air stream, and the heat is removed through a heat exchanger. Non-Standard Ducted Condenser Fans (not applicable to Double-duct Systems) A higher-static condenser fan/motor assembly designed for external ducting of condenser air that provides greater pressure rise and has a higher rated motor horsepower than the condenser fan provided as a standard component with the equipment. Non-Standard High-Static Indoor Fan Motors The standard indoor fan motor is the motor specified in the manufacturer's installation instructions for testing and shall be distributed in commerce as part of a particular model. A non-standard motor is an indoor fan motor that is not the standard indoor fan motor and that is distributed in commerce as part of an individual model within the same basic model. For a non-standard high-static indoor fan motor(s) to be considered a specific component for a basic model (and thus subject to the provisions of paragraph (a)(3)(vi)(A)( 2 (1) Non-standard high-static indoor fan motor(s) must meet the minimum allowable efficiency determined per section D.3.1 of AHRI 1340-2023 (incorporated by reference, see § 429.4) for non-standard high-static indoor fan motors or per section D.3.2 of AHRI 1340-2023 for non-standard high-static indoor integrated fan and motor combinations. (2) If the standard indoor fan motor can vary fan speed through control system adjustment of motor speed, all non-standard high-static indoor fan motors must also allow speed control (including with the use of variable-frequency drive). Powered Exhaust/Powered Return Air Fans A powered exhaust fan is a fan that transfers directly to the outside a portion of the building air that is returning to the unit, rather than allowing it to recirculate to the indoor coil and back to the building. A powered return fan is a fan that draws building air into the equipment. Process Heat recovery/Reclaim Coils/Thermal Storage A heat exchanger located inside the unit that conditions the equipment's supply air using energy transferred from an external source using a vapor, gas, or liquid. Refrigerant Reheat Coils A heat exchanger located downstream of the indoor coil that heats the supply air during cooling operation using high pressure refrigerant in order to increase the ratio of moisture removal to cooling capacity provided by the equipment. Sound Traps/Sound Attenuators An assembly of structures through which the supply air passes before leaving the equipment or through which the return air from the building passes immediately after entering the equipment for which the sound insertion loss is at least 6 dB for the 125 Hz octave band frequency range. Steam/Hydronic Heat Coils Coils used to provide supplemental heating. Ventilation Energy Recovery System (VERS) An assembly that preconditions outdoor air entering the equipment through direct or indirect thermal and/or moisture exchange with the exhaust air, which is defined as the building air being exhausted to the outside from the equipment. (B) The represented value of total cooling capacity must be between 95 percent and 100 percent of the mean of the total cooling capacities measured for the units in the sample selected as described in paragraph (a)(1)(ii) of this section, or between 95 percent and 100 percent of the total cooling capacity output simulated by the AEDM as described in paragraph (a)(2) of this section. (C) Representations of IVEC and IVHE (including IVHE c ( 1 ( 2 ( 3 (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report must include the following public equipment-specific information: (i) Commercial package air-conditioning equipment (except commercial package air conditioning equipment that is air-cooled with a cooling capacity less than 65,000 Btu/h): (A) When certifying compliance with an EER standard: the energy efficiency ratio (EER in British thermal units per Watt-hour (Btu/Wh)), the rated cooling capacity in British thermal units per hour (Btu/h), and the type(s) of heating used by the basic model ( e.g., (B) When certifying compliance with an IEER standard: the integrated energy efficiency ratio (IEER in British thermal units per Watt-hour (Btu/Wh)), the rated cooling capacity in British thermal units per hour (Btu/h), and the type(s) of heating used by the basic model ( e.g., (ii) Commercial package heating equipment (except commercial package heating equipment that is air-cooled with a cooling capacity less than 65,000 Btu/h): (A) When certifying compliance with an EER standard: the energy efficiency ratio (EER in British thermal units per Watt-hour (Btu/Wh)), the coefficient of performance (COP), the rated cooling capacity in British thermal units per hour (Btu/h), and the type(s) of heating used by the basic model ( e.g., (B) When certifying compliance an IEER standard: the integrated energy efficiency ratio (IEER in British thermal units per Watt-hour (Btu/Wh)), the coefficient of performance (COP), the rated cooling capacity in British thermal units per hour (Btu/h), and the type(s) of heating used by the basic model ( e.g., (iii) Packaged terminal air conditioners: The energy efficiency ratio (EER in British thermal units per Watt-hour (Btu/Wh)), the rated cooling capacity in British thermal units per hour (Btu/h), the wall sleeve dimensions in inches (in), and the duration of the break-in period (hours). (iv) Packaged terminal heat pumps: The energy efficiency ratio (EER in British thermal units per Watt-hour (Btu/W-h)), the coefficient of performance (COP), the rated cooling capacity in British thermal units per hour (Btu/h), the wall sleeve dimensions in inches (in), and the duration of the break-in period (hours). (v) Single package vertical air conditioners: The energy efficiency ratio (EER in British thermal units per Watt-hour (Btu/Wh)) and the rated cooling capacity in British thermal units per hour (Btu/h). (vi) Single package vertical heat pumps: The energy efficiency ratio (EER in British thermal units per Watt-hour (Btu/Wh)), the coefficient of performance (COP), and the rated cooling capacity in British thermal units per hour (Btu/h). (vii) Variable refrigerant flow multi-split air-cooled air conditioners (other than air-cooled with rated cooling capacity less than 65,000 btu/h): (A) When certifying compliance with an EER standard: The energy efficiency ratio (EER in British thermal units per Watt-hour (Btu/Wh)), rated cooling capacity in British thermal units per hour (Btu/h), and the type(s) of heating used by the basic model (e.g., electric, gas, hydronic, none). (B) When certifying compliance with an IEER standard, the following must be certified for each tested combination as required under paragraph (a)(3)(ii)(C) of this section: The integrated energy efficiency ratio (IEER) in British thermal units per Watt-hour (Btu/Wh)); the rated cooling capacity in British thermal units per hour (Btu/h); whether the represented values are for a non-ducted, ducted, or SDHV tested combination, or for a mixed representation of any two of the tested combinations; and the outdoor unit(s) and indoor units identified in the tested combination. The following must be certified for each basic model: the type(s) of heating used ( i.e., (viii) Variable refrigerant flow multi-split heat pumps (other than air-cooled with rated cooling capacity less than 65,000 btu/h): (A) When certifying compliance with an EER standard: The energy efficiency ratio (EER in British thermal units per Watt-hour (Btu/Wh)), the coefficient of performance (COP), rated cooling capacity in British thermal units per hour (Btu/h), and the type(s) of heating used by the basic model (e.g., electric, gas, hydronic, none). (B) When certifying compliance with an IEER standard, the following must be certified for each tested combination as required under paragraph (a)(3)(ii)(C) of this section: The integrated energy efficiency ratio (IEER) in British thermal units per Watt-hour (Btu/Wh); the coefficient of performance (COP); the rated cooling capacity in British thermal units per hour (Btu/h); the rated heating capacity (Btu/h); whether the represented values are for a non-ducted, ducted, or SDHV tested combination, or for a mixed representation of any two of the tested combinations; and the outdoor unit(s) and indoor units identified in the tested combination. The following must be certified for each basic model: the type(s) of heating used ( i.e., (ix) Computer room air-conditioners: The net sensible cooling capacity in British thermal units per hour (Btu/h), the net cooling capacity in British thermal units per hour (Btu/h), the configuration (upflow/downflow), economizer presence (yes or no), condenser medium (air, water, or glycol-cooled), sensible coefficient of performance (SCOP), and rated airflow in standard cubic feet per minute (SCFM). (x) Water source heat pumps (other than variable refrigerant flow): The energy efficiency ratio (EER in British thermal units per Watt-hour (Btu/Wh)), the coefficient of performance (COP), the rated cooling capacity in British thermal units per hour (Btu/h), and the type(s) of heating used by the basic model (e.g., electric, gas, hydronic, none). (3) Pursuant to § 429.12(b)(13), a certification report must include the following additional equipment-specific information: (i) Whether the basic model is engineered-to-order; and (ii) For any basic model rated with an AEDM, whether the manufacturer elects the witness test option for verification testing. (See § 429.70(c)(5)(iii) for options). However, the manufacturer may not select more than 10% of AEDM-rated basic models. (4) Pursuant to § 429.12(b)(13), a certification report must include supplemental information submitted in PDF format. The equipment-specific, supplemental information must include any additional testing and testing set up instructions ( e.g., e.g., e.g., (i) Commercial package air-conditioning equipment (except commercial package air conditioning equipment that is air-cooled with a cooling capacity less than 65,000 Btu/h): rated indoor airflow in standard cubic feet per minute (SCFM) for each fan coil; water flow rate in gallons per minute (gpm) for water-cooled units only; rated external static pressure in inches of water; frequency or control set points for variable speed components ( e.g., e.g., (ii) Commercial package heating equipment (except commercial package heating equipment that is air-cooled with a cooling capacity less than 65,000 Btu/h): The rated heating capacity in British thermal units per hour (Btu/h); rated indoor airflow in standard cubic feet per minute (SCFM) for each fan coil (in cooling mode); rated airflow in SCFM for each fan coil in heating mode if the unit is designed to operate with different airflow rates for cooling and heating mode; water flow rate in gallons per minute (gpm) for water cooled units only; rated external static pressure in inches of water; frequency or control set points for variable speed components ( e.g., e.g., (iii) Variable refrigerant flow multi-split air-cooled air conditioners (other than air-cooled with rated cooling capacity less than 65,000 btu/h): (A) When certifying compliance with an EER standard: The nominal cooling capacity in British thermal units per hour (Btu/h); outdoor unit(s) and indoor units identified in the tested combination; components needed for heat recovery, if applicable; rated airflow in standard cubic feet per minute (scfm) for each indoor unit; rated static pressure in inches of water; compressor frequency setpoints; required dip switch/control settings for step or variable components; a statement whether the model will operate at test conditions without manufacturer programming; any additional testing instructions if applicable; if a variety of motors/drive kits are offered for sale as options in the basic model to account for varying installation requirements, the model number and specifications of the motor (to include efficiency, horsepower, open/closed, and number of poles) and the drive kit, including settings, associated with that specific motor that were used to determine the certified rating; and which, if any, special features were included in rating the basic model. Additionally, upon DOE request, the manufacturer must provide a layout of the system set-up for testing including charging instructions consistent with the installation manual. (B) When certifying compliance with an IEER standard (for requirements in this list pertaining to or affected by indoor units, the requirements must be certified for each tested combination as required under paragraph (a)(3)(ii)(C) of this section): The nominal cooling capacity in British thermal units per hour (Btu/h) for each indoor and outdoor unit; identification of the indoor units to be thermally active for each IEER test point; the rated indoor airflow for the full-load cooling and all part-load cooling tests (for each indoor unit) in standard cubic feet per minute (scfm); the indoor airflow-control setting to be used in the full-load cooling test (for each indoor unit); system start-up or initialization procedures, including conditions and duration; compressor break-in period duration of 20 hours or less; the frequency of oil recovery cycles; operational settings for all critical parameters to be controlled at each of the four IEER cooling test conditions; all dip switch/control settings used for the full-load cooling test; identification of any system control device required for testing; a hierarchy of instructions for adjustment of critical parameters to reduce cooling capacity during IEER cooling tests (to be used if, using initial critical parameter settings, the measured cooling capacity is more than 3 percent above the target cooling capacity); any additional testing instructions if applicable; and if a variety of motors/drive kits are offered for sale as options in the basic model to account for varying installation requirements, the model number and specifications of the motor (to include efficiency, horsepower, open/closed, and number of poles) and the drive kit, including settings, associated with that specific motor that were used to determine the certified rating. Instructions for conducting a controls verification procedure (as described in Appendix C of AHRI 1230-2021, (incorporated by reference, see (iv) Variable refrigerant flow multi-split heat pumps (other than air-cooled with rated cooling capacity less than 65,000 btu/h): (A) When certifying compliance with an EER standard: The nominal cooling capacity in British thermal units per hour (Btu/h); rated heating capacity in British thermal units per hour (Btu/h); outdoor unit(s) and indoor units identified in the tested combination; components needed for heat recovery, if applicable; rated airflow in standard cubic feet per minute (scfm) for each indoor unit; water flow rate in gallons per minute (gpm) for water-cooled units only; rated static pressure in inches of water; compressor frequency setpoints; required dip switch/control settings for step or variable components; a statement whether the model will operate at test conditions without manufacturer programming; any additional testing instructions if applicable; if a variety of motors/drive kits are offered for sale as options in the basic model to account for varying installation requirements, the model number and specifications of the motor (to include efficiency, horsepower, open/closed, and number of poles) and the drive kit, including settings, associated with that specific motor that were used to determine the certified rating; and which, if any, special features were included in rating the basic model. Additionally, upon DOE request, the manufacturer must provide a layout of the system set-up for testing including charging instructions consistent with the installation manual. (B) When certifying compliance with an IEER standard (for requirements in this list pertaining to or affected by indoor units, the requirements must be certified for each tested combination as required under paragraph (a)(3)(ii)(C) of this section): The nominal cooling capacity in British thermal units per hour (Btu/h) for each indoor and outdoor unit; the nominal heating capacity (Btu/h) for each indoor and outdoor unit; components needed for heat recovery, if applicable; identification of the indoor units to be thermally active for each IEER test point; the rated indoor airflow for the full-load cooling, full-load heating, and all part-load cooling tests (for each indoor unit) in standard cubic feet per minute (scfm); the indoor airflow-control setting to be used in the full-load cooling test (for each indoor unit); the airflow-control setting to be used in the full-load heating test (for each indoor unit); for water-cooled units—the rated water flow rate in gallons per minute (gpm); system start-up or initialization procedures, including conditions and duration; compressor break-in period duration of 20 hours or less; the frequency of oil-recovery cycles; operational settings for all critical parameters to be controlled at each of the four IEER cooling test conditions; operational settings for all critical parameters to be controlled for the heating test; all dip switch/control settings used for the full-load cooling and full-load heating tests; identification of any system control device required for testing; a hierarchy of instructions for adjustment of critical parameters to reduce cooling capacity during IEER cooling tests (to be used if, using initial critical parameter settings, the measured cooling capacity is more than 3 percent above the target cooling capacity); any additional testing instructions if applicable; and if a variety of motors/drive kits are offered for sale as options in the basic model to account for varying installation requirements, the model number and specifications of the motor (to include efficiency, horsepower, open/closed, and number of poles) and the drive kit, including settings, associated with that specific motor that were used to determine the certified rating. Instructions for conducting a controls verification procedure (as described in Appendix C of AHRI 1230-2021) at each of the four IEER cooling test conditions must also be provided, including the required thermostat setpoints to ensure control for 80 °F dry-bulb temperature when accounting for setpoint bias, the starting indoor dry-bulb temperature, and the indoor dry-bulb temperature ramp rate (R2). Additionally, the manufacturer must provide a layout of the system set-up for testing (including a piping diagram, a power wiring diagram, a control wiring diagram, and identification of the location of the component(s) corresponding to each critical parameter to be adjusted), set-up instructions for indoor units and outdoor units, and charging instructions consistent with the installation manual. (v) Water source heat pumps: The nominal cooling capacity in British thermal units per hour (Btu/h); rated heating capacity in British thermal units per hour (Btu/h); rated airflow in standard cubic feet per minute (SCFM) for each indoor unit; water flow rate in gallons per minute (gpm); rated static pressure in inches of water; refrigerant charging instructions, (e.g., refrigerant charge, superheat and/or subcooling temperatures); frequency set points for variable speed components (e.g., compressors, VFDs), including the required dip switch/control settings for step or variable components; a statement whether the model will operate at test conditions without manufacturer programming; any additional testing instructions if applicable; if a variety of motors/drive kits are offered for sale as options in the basic model to account for varying installation requirements, the model number and specifications of the motor (to include efficiency, horsepower, open/closed, and number of poles) and the drive kit, including settings, associated with that specific motor that were used to determine the certified rating; and which, if any, special features were included in rating the basic model. (vi) Single package vertical air-conditioners: Any additional testing instructions, if applicable; if a variety of motors/drive kits are offered for sale as options in the basic model to account for varying installation requirements, the model number and specifications of the motor (to include efficiency, horsepower, open/closed, and number of poles) and the drive kit, including settings, associated with that specific motor that were used to determine the certified rating; and which, if any, special features were included in rating the basic model. (vii) Single package vertical heat pumps: Any additional testing instructions, if applicable; if a variety of motors/drive kits are offered for sale as options in the basic model to account for varying installation requirements, the model number and specifications of the motor (to include efficiency, horsepower, open/closed, and number of poles) and the drive kit, including settings, associated with that specific motor that were used to determine the certified rating; and which, if any, special features were included in rating the basic model. (viii) Computer room air-conditioners: Any additional testing instructions, if applicable; and which, if any, special features were included in rating the basic model. (ix) Package terminal air conditioners and package terminal heat pumps: Any additional testing instructions, if applicable. (5) For variable refrigerant flow multi-split air conditioners and heat pumps (other than air-cooled with rated cooling capacity less than 65,000 btu/h), if a manufacturer has knowledge that any of its certified operational settings for critical parameters to be controlled during IEER tests (per paragraph (b)(4)(vii)(B) or (b)(4)(viii)(B) of this section) are invalid according to the results of a controls verification procedure conducted according to § 429.134(v)(3), then the manufacturer must re-rate and re-certify using valid operational settings for critical parameters for all affected basic models. (c) Alternative methods for determining efficiency or energy use for commercial HVAC equipment can be found in § 429.70 of this subpart. [76 FR 12451, Mar. 7, 2011; 76 FR 24775, May 2, 2011, as amended at 78 FR 79594, Dec. 31, 2013; 79 FR 25501, May 5, 2014; 80 FR 151, Jan. 5, 2015; 80 FR 37147, June 30, 2015; 80 FR 79668, Dec. 23, 2015; 87 FR 45195, July 27, 2022; 87 FR 63892, Oct. 20, 2022; 87 FR 65667, Nov. 1, 2022; 87 FR 75166, Dec. 7, 2022; 87 FR 77317, Dec. 16, 2022; 88 FR 21836, Apr. 11, 2023; 88 FR 84226, Dec.4, 2023; 89 FR 44033, May 20, 2024; 89 FR 82064, Oct. 9, 2024; 90 FR 43381, Sept. 9, 2025] § 429.44 Commercial water heating equipment. (a) For residential-duty commercial water heaters, all represented values must be determined in accordance with § 429.17. (b) Determination of represented values for all types of commercial water heaters except residential-duty commercial water heaters. (1) Units to be tested. (i) The general requirements of § 429.11 apply; and (ii) A sample of sufficient size must be randomly selected and tested to ensure that: (A) Any represented value of energy consumption or other measure of energy use of a basic model for which consumers would favor lower values must be greater than or equal to the higher of: ( 1 And, x i ( 2 And x 0.95 (B) Any represented value of energy efficiency or other measure of energy consumption of a basic model for which consumers would favor higher values must be less than or equal to the lower of: ( 1 And, x i ( 2 And x 0.95 (2) Alternative efficiency determination methods. (i) Any represented value of energy consumption or other measure of energy use of a basic model for which consumers would favor lower values must be greater than or equal to the output of the AEDM and less than or equal to the Federal standard for that basic model; and (ii) Any represented value of energy efficiency or other measure of energy consumption of a basic model for which consumers would favor higher values must be less than or equal to the output of the AEDM and greater than or equal to the Federal standard for that basic model. (3) Rated input. (c) Certification reports. (1) The requirements of § 429.12 apply; and (2) Pursuant to § 429.12(b)(13), a certification report must include the following public equipment-specific information: (i) Commercial electric storage water heaters with storage capacity less than or equal to 140 gallons: (ii) Commercial gas-fired and oil-fired storage water heaters with storage capacity less than or equal to 140 gallons: (iii) Commercial water heaters and hot water supply boilers with storage capacity greater than 140 gallons: (iv) Commercial gas-fired and oil-fired instantaneous water heaters with storage capacity greater than or equal to 10 gallons and gas-fired and oil-fired hot water supply boilers with storage capacity greater than or equal to 10 gallons: (v) Commercial gas-fired and oil-fired instantaneous water heaters with storage capacity less than 10 gallons and gas-fired and oil-fired hot water supply boilers with storage capacity less than 10 gallons: (vi) Commercial unfired hot water storage tanks: i.e., (3) Pursuant to § 429.12(b)(13), a certification report must include the following additional, equipment-specific information: (i) Whether the basic model is engineered-to-order; and (ii) For any basic model rated with an AEDM, whether the manufacturer elects the witness test option for verification testing. (See § 429.70(c)(5)(iii) for options.) However, the manufacturer may not select more than 10 percent of AEDM-rated basic models to be eligible for witness testing. (4) Pursuant to § 429.12(b)(13), a certification report may include supplemental testing instructions in PDF format. If necessary to run a valid test, the equipment-specific, supplemental information must include any additional testing and testing set-up instructions (e.g., whether a bypass loop was used for testing) for the basic model and all other information (e.g., operational codes or overrides for the control settings) necessary to operate the basic model under the required conditions specified by the relevant test procedure. A manufacturer may also include with a certification report other supplementary items in PDF format for DOE's consideration in performing testing under subpart C of this part. For example, for oil-fired commercial water heating equipment (other than residential-duty commercial water heaters): The allowable range for CO 2 (d) Certification reports for residential-duty commercial water heaters. (2) Pursuant to § 429.12(b)(13), a certification report for equipment must include the following public, equipment-specific information: (i) Residential-duty commercial gas-fired and oil-fired storage water heaters: The uniform energy factor (UEF, rounded to the nearest 0.01), the rated storage volume in gallons (gal, rounded to the nearest 1 gal), the first-hour rating in gallons (gal, rounded to the nearest 1 gal), and the recovery efficiency in percent (%, rounded to the nearest 1%). (ii) Residential-duty commercial electric instantaneous water heaters: The uniform energy factor (UEF, rounded to the nearest 0.01), the rated storage volume in gallons (gal, rounded to the nearest 1 gal), the maximum gallons per minute (gpm, rounded to the nearest 0.1 gpm), and the recovery efficiency in percent (%, rounded to the nearest 1%). (e) Alternative methods for determining efficiency or energy use for commercial water heating equipment can be found in § 429.70 of this subpart. [76 FR 12451, Mar. 7, 2011; 76 FR 24776, May 2, 2011, as amended at 78 FR 79594, Dec. 31, 2013; 79 FR 25504, May 5, 2014; 80 FR 151, Jan. 5, 2015; 79 FR 40565, July 11, 2014; 81 FR 79318, Nov. 10, 2016; 81 FR 96236, Dec. 29, 2016; 81 FR 96236, Dec. 29, 2016; 89 FR 82066, Oct. 9, 2024; 90 FR 43381, Sept. 9, 2025] § 429.45 Automatic commercial ice makers. (a) Sampling plan for selection of units for testing. (2) For each basic model of automatic commercial ice maker selected for testing, a sample of sufficient size shall be randomly selected and tested to ensure that any represented value of energy use, condenser water use, or other measure of consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: (i) The mean of the sample, where: And, x i th (ii) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.10, where: And x s n t 0.95 (3) The harvest rate of a basic model is the mean of the measured harvest rates for each tested unit of the basic model, based on the same tests to determine energy use and condenser water use, if applicable. Round the mean harvest rate to the nearest pound of ice per 24 hours (lb/24 h) for harvest rates above 50 lb/24 h; round the mean harvest rate to the nearest 0.1 lb/24 h for harvest rates less than or equal to 50 lb/24 h. (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: The maximum energy use in kilowatt hours per 100 pounds of ice (kWh/100 lb ice), the maximum condenser water use in gallons per 100 pounds of ice (gal/100 lbs. ice), the harvest rate in pounds of ice per 24 hours (lbs. ice/24 hours), the type of cooling, and the equipment type. [76 FR 12451, Mar. 7, 2011; 76 FR 24776, May 2, 2011, as amended at 87 FR 65899, Nov. 1, 2022; 89 FR 82067, Oct. 9, 2024; 90 FR 6789, Jan. 21, 2025; 90 FR 43381, Sept. 9, 2025] § 429.46 Commercial clothes washers. Note 1 to § 429.46: Prior to February 17, 2023, certification reports must be submitted as required either in this section or 10 CFR 429.46 as it appears in the 10 CFR parts 200 through 499 edition revised as of January 1, 2022. On or after February 17, 2023, certification reports must be submitted as required in this section. (a) Sampling plan for selection of units for testing. (2) For each basic model of commercial clothes washers, a sample of sufficient size shall be randomly selected and tested to ensure that— (i) Any represented value of the integrated water factor or other measure of energy or water consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: (A) The mean of the sample, where: Or, (B) The upper 97 1/2 and (ii) Any represented value of the modified energy factor, active-mode energy efficiency ratio, water efficiency ratio, or other measure of energy or water consumption of a basic model for which consumers would favor higher values shall be greater than or equal to the higher of: (A) The mean of the sample, where: Or, (B) The lower 97 1/2 (3) The clothes container capacity of a basic model reported in accordance with paragraph (b)(2) of this section shall be the mean of the measured clothes container capacity (C) of all tested units of the basic model. (4) The corrected remaining moisture content (RMC) of a basic model reported in accordance with paragraph (b)(2) of this section shall be the mean of the final RMC value measured for all tested units of the basic model. (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: (i) The modified energy factor (MEF J2 (ii) The integrated water factor (IWF), in gallons per cycle per cubic feet (gal/cycle/cu ft); (iii) The clothes container capacity, in cubic feet (cu ft); (iv) The type of loading (top-loading or front-loading); and (v) The corrected RMC (expressed as a percentage). (c) Reported values. [76 FR 12451, Mar. 7, 2011; 76 FR 24777, May 2, 2011, as amended at 79 FR 71630, Dec. 3, 2014; 87 FR 33379, June 1, 2022; 87 FR 43979, July 22, 2022] § 429.47 Distribution transformers. (a) Sampling plan for selection of units for testing. (2) For each basic model of distribution transformer, efficiency must be determined either by testing, in accordance with § 431.193 and the provisions of this section, or by application of an AEDM that meets the requirements of § 429.70 and the provisions of this section. (i) For each basic model selected for testing: (A) If the manufacturer produces five or fewer units of a basic model over 6 months, each unit must be tested. A manufacturer may not use a basic model with a sample size of fewer than five units to substantiate an AEDM pursuant to § 429.70. (B) If the manufacturer produces more than five units over 6 months, a sample of at least five units must be selected and tested. (ii) Any represented value of efficiency of a basic model must satisfy the condition: (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: For the most and least efficient basic models within each “kVA grouping” for which part 431 prescribes an efficiency standard, the kVA rating, the insulation type ( i.e., i.e., (c) Alternative methods for determining efficiency or energy use (d) Kilovolt ampere (kVA) grouping. i.e., i.e., i.e., § 429.48 Illuminated exit signs. (a) Sampling plan for selection of units for testing. (2) For each basic model of illuminated exit sign selected for testing, a sample of sufficient size shall be randomly selected and tested to ensure that— (i) Any represented value of input power demand or other measure of energy consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: (A) The mean of the sample, where: Or, (B) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.10, where: and (ii) Any represented value of the energy efficiency or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the lower of: (A) The mean of the sample, where: Or, (B) The lower 95 percent confidence limit (LCL) of the true mean divided by 0.90, where: (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: The input power demand in watts (W) and the number of faces. [76 FR 12451, Mar. 7, 2011; 76 FR 24778, May 2, 2011] § 429.49 Traffic signal modules and pedestrian modules. (a) Sampling plan for selection of units for testing. (2) For each basic model of traffic signal module or pedestrian module selected for testing, a sample of sufficient size shall be randomly selected and tested to ensure that— (i) Any represented value of estimated maximum and nominal wattage or other measure of energy consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: (A) The mean of the sample, where: Or, (B) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.10, where: and (ii) Any represented value of the energy efficiency or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the lower of: (A) The mean of the sample, where: Or, (B) The lower 95 percent confidence limit (LCL) of the true mean divided by 0.90, where: (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: The maximum wattage at 74 degrees Celsius (°C) in watts (W), the nominal wattage at 25 degrees Celsius (°C) in watts (W), and the signal type. [76 FR 12451, Mar. 7, 2011; 76 FR 24778, May 2, 2011] § 429.50 Commercial unit heaters. (a) Sampling plan for selection of units for testing. (2) [Reserved] (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: The type of ignition system and a declaration that the manufacturer has incorporated the applicable design requirements. § 429.51 Commercial pre-rinse spray valves. (a) Sampling plan for selection of units for testing. (2) For each basic model of commercial prerinse spray valve, a sample of sufficient size must be randomly selected and tested to ensure that any represented value of flow rate must be greater than or equal to the higher of: (i) The mean of the sample, where: and, x n is the number of samples; and x i th (ii) The upper 95-percent confidence limit (UCL) of the true mean divided by 1.10, where: and, x s is the sample standard deviation; n is the number of samples; and t 0.95 (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report must include the following public product-specific information: The flow rate, in gallons per minute (gpm), rounded to the nearest 0.01 gpm, and the corresponding spray force, in ounce-force (ozf), rounded to the nearest 0.1 ozf. [76 FR 12451, Mar. 7, 2011; 76 FR 24779, May 2, 2011, as amended at 78 FR 62986, Oct. 23, 2013; 80 FR 81453, Dec. 30, 2015; 81 FR 4801, Jan. 27, 2016] § 429.52 Refrigerated bottled or canned beverage vending machines. (a) Sampling plan for selection of units for testing. (2) For each basic model of refrigerated bottled or canned beverage vending machine selected for testing, a sample of sufficient size shall be randomly selected and tested to ensure that— (i) Any represented value of energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: (A) The mean of the sample, where: Or, (B) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.10, where: and (ii) Any represented value of the energy efficiency or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the lower of: (A) The mean of the sample, where: Or, (B) The lower 95 percent confidence limit (LCL) of the true mean divided by 0.90, where: (3) The representative value of refrigerated volume of a basic model reported in accordance with paragraph (b)(2) of this section shall be the mean of the refrigerated volumes measured for each tested unit of the basic model and determined in accordance with the test procedure in § 431.296. (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report must include the following additional public, equipment-specific information: (i) When using appendix A of subpart Q of part 431of this chapter, the daily energy consumption in kilowatt hours per day (kWh/day), the refrigerated volume (V) in cubic feet (ft 3 (ii) When using appendix B of subpart Q of part 431of this chapter, the daily energy consumption in kilowatt hours per day (kWh/day), the refrigerated volume (V) in cubic feet (ft 3 [76 FR 12451, Mar. 7, 2011; 76 FR 24779, May 2, 2011, as amended at 76 FR 38292, June 30, 2011; 80 FR 45792, July 31, 2015; 81 FR 1112, Jan. 8, 2016] § 429.53 Walk-in coolers and walk-in freezers. (a) Determination of represented value. (2) For each basic model of walk-in cooler and walk-in freezer refrigeration system, the annual walk-in energy factor (AWEF) must be determined either by testing, in accordance with § 431.304 of this chapter and the provisions of this section, or by application of an AEDM that meets the requirements of § 429.70 and the provisions of this section. (i) Applicable test procedure. (A) Dedicated condensing units. (B) Matched refrigeration systems. (C) Detachable single-packaged dedicated systems. (D) Attached split systems. (ii) Units to be tested. (B) For each basic model, a sample of sufficient size shall be randomly selected and tested to ensure that any represented value of AWEF or other measure of energy efficiency of a basic model for which consumers would favor higher values shall be less than or equal to the lower of: ( 1 And x i th ( 2 And x 0.95 (C) The represented value of net capacity shall be the average of the capacities measured for the sample selected. (iii) Alternative efficiency determination methods. (A) Any represented value of AWEF or other measure of energy efficiency of a basic model for which consumers would favor higher values shall be less than or equal to the output of the AEDM and greater than or equal to the Federal standard for that basic model. (B) The represented value of net capacity must be the net capacity simulated by the AEDM. (3) For each basic model of walk-in cooler and walk-in freezer display and non-display door, the daily energy consumption must be determined by testing, in accordance with § 431.304 of this chapter and the provisions of this section, or by application of an AEDM that meets the requirements of § 429.70 and the provisions of this section. (i) Applicable test procedure. (ii) Units to be tested. (A) The mean of the sample, where: Equation 3 to Paragraph (a)(3)(ii)(A) And x n x i (B) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.05, where: Equation 4 to Paragraph (a)(3)(ii)(B) And x s n −0.95 (4) For each basic model of walk-in cooler and walk-in freezer panel and non-display door, the R-value must be determined by testing, in accordance with § 431.304 of this chapter and the provisions of this section. (i) Applicable test procedure. (ii) Units to be tested. (A) The mean of the sample, where: Equation 5 to Paragraph (a)(4)(ii)(A) And x n x i th (B) The lower 95 percent confidence limit (LCL) of the true mean divided by 0.95, where: Equation 6 to Paragraph (a)(4)(ii)(B) And x s n −0.95 (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report must include the following public product-specific information: (i) For doors: The door type, R-value of the door insulation, and a declaration that the manufacturer has incorporated the applicable design requirements. In addition, for those walk-in coolers and walk-in freezers with transparent reach-in doors and windows, the glass type of the doors and windows ( e.g., (ii) For walk-in cooler and walk-in freezer panels: The R-value of the insulation. (iii) For walk-in cooler and walk-in freezer refrigeration systems: The installed motor's functional purpose ( i.e., (3) Pursuant to § 429.12(b)(13), starting on June 5, 2017, a certification report must include the following public product-specific information in addition to the information listed in paragraph (b)(2) of this section: (i) For walk-in cooler and walk-in freezer doors: The door energy consumption and rated surface area in square feet. (ii) For refrigeration systems that are medium-temperature dedicated condensing units, medium-temperature single-package dedicated systems, or medium-temperature matched systems: The refrigeration system AWEF, net capacity, the configuration tested for certification ( e.g., (4) Pursuant to § 429.12(b)(13), starting on June 5, 2017, a certification report must include the following product-specific information in addition to the information listed in paragraphs (b)(2) and (3) of this section: (i) For walk-in cooler and walk-in freezer doors: the rated power of each light, heater wire, and/or other electricity-consuming device associated with each basic model of display and non-display door; and whether such device(s) has a timer, control system, or other demand-based control reducing the device's power consumption. (5) When certifying compliance to the AWEF refrigeration standards for WICF refrigeration systems except those specified in (b)(3)(ii) of this section, a certification report must include the following public product-specific information in addition to the information listed in paragraph (b)(2) of this section: For refrigeration systems that are low-temperature dedicated condensing units, low-temperature matched systems, low-temperature single-package dedicated systems, or medium and low-temperature unit coolers: The refrigeration system AWEF, net capacity, the configuration tested for certification ( e.g., [81 FR 95799, Dec. 28, 2016, as amended at 88 FR 28835, May 4, 2023; 89 FR 82067, Oct. 9, 2024; 90 FR 43382, Sept. 9, 2025] § 429.54 Metal halide lamp ballasts and fixtures. (a) Sampling plan for selection of units for testing. (2) For each basic model of metal halide lamp ballast selected for testing, a sample of sufficient size, not less than four, shall be selected at random and tested to ensure that: (i) Any represented value of estimated energy efficiency calculated as the measured output power to the lamp divided by the measured input power to the ballast (P out in (A) The mean of the sample, where: Or, (B) The lower 99-percent confidence limit (LCL) of the true mean divided by 0.99. And x 0.99 (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: The minimum ballast efficiency in percent (%), the lamp wattage in watts (W), and the type of ballast ( e.g., [76 FR 12451, Mar. 7, 2011; 76 FR 24780, May 2, 2011; 76 FR 46202, Aug. 2, 2011] § 429.55 Incandescent reflector lamps. Note 1 to § 429.55: Prior to February 17, 2023, certification reports must be submitted as required either in this section or 10 CFR 429.27 as it appears in the 10 CFR parts 200 through 499 edition revised as of January 1, 2022. On or after February 17, 2023, certification reports must be submitted as required in this section. (a) Determination of Represented Value. (1) Units to be tested. (i) When testing, use a sample comprised of production units. The same sample of units must be tested and used as the basis for representations for initial lumen output, rated wattage, lamp efficacy, color rendering index (CRI), correlated color temperature (CCT), and lifetime. (ii) For each basic model, randomly select and test a sample of sufficient size, but not less than 10 units, to ensure that represented values of average lamp efficacy, CRI and initial lumen output are less than or equal to the lower of: (A) The arithmetic mean of the sample; or, (B) The lower 95 percent confidence limit (LCL) of the true mean divided by .97, where: (2) Any represented values of measures of energy efficiency or energy consumption for all individual models represented by a given basic model must be the same. (3) Represented values of CCT and rated wattage must be equal to the arithmetic mean of the sample. (4) Represented values of lifetime must be equal to or less than the median time to failure of the sample (calculated as the arithmetic mean of the time to failure of the two middle sample units (or the value of the middle sample unit if there are an odd number of units) when the measured values are sorted in value order). (5) Calculate represented values of life (in years) by dividing the represented lifetime of these lamps as determined in paragraph (a)(4) of this section by the estimated daily operating hours as specified in 16 CFR 305.23(b)(3)(iii) multiplied by 365. (6) Represented values of the estimated annual energy cost, expressed in dollars per year, must be the product of the rated wattage in kilowatts, an electricity cost rate as specified in 16 CFR 305.23(b)(1)(ii), and an estimated average daily use as specified in 16 CFR 305.23(b)(1)(ii) multiplied by 365. (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: The testing laboratory's ILAC accreditation body's identification number or other approved identification assigned by the ILAC accreditation body, average lamp efficacy in lumens per watt (lm/W), rated wattage in watts (W), rated voltage (V), diameter in inches, and CRI. (c) Rounding Requirements. (2) Round initial lumen output to three significant digits. (3) Round average lamp efficacy to the nearest tenth of a lumen per watt. (4) Round CCT to the nearest 100 kelvin (K). (5) Round CRI to the nearest whole number. (6) Round lifetime to the nearest whole hour. (7) Round life (in years) to the nearest tenth. (8) Round annual energy cost to the nearest cent. [87 FR 53638, Aug. 31, 2022] § 429.56 Integrated light-emitting diode lamps. (a) Determination of Represented Value. (1) Units to be tested. (i) The general requirements of § 429.11 (a) are applicable except that the sample must be comprised of production units; and (ii) For each basic model of integrated light-emitting diode lamp, the minimum number of units tested must be no less than 10 and the same sample comprised of the same units must be used for testing all metrics. If more than 10 units are tested as part of the sample, the total number of units must be a multiple of two. For each basic model, a sample of sufficient size must be randomly selected and tested to ensure that: (A) Represented values of initial lumen output, lamp efficacy, color rendering index (CRI), power factor, or other measure of energy consumption of a basic model for which consumers would favor higher values are less than or equal to the lower of: ( 1 and, x i th ( 2 and, x 0.99 (B) Represented values of input power, standby mode power or other measure of energy consumption of a basic model for which consumers would favor lower values are greater than or equal to the higher of: ( 1 and, x i th Or, ( 2 and, x 0.99 (C) Represented values of correlated color temperature (CCT) of a basic model must be equal to the mean of the sample, where: and, x i th (D) The represented value of lifetime of an integrated light-emitting diode lamp must be equal to or less than the median time to failure of the sample (calculated as the arithmetic mean of the time to failure of the two middle sample units when the numbers are sorted in value order) rounded to the nearest hour. (2) The represented value of life (in years) of an integrated light-emitting diode lamp must be calculated by dividing the lifetime of an integrated light-emitting diode lamp by the estimated annual operating hours as specified in 16 CFR 305.15(b)(3)(iii). (3) The represented value of estimated annual energy cost for an integrated light-emitting diode lamp, expressed in dollars per year, must be the product of the input power in kilowatts, an electricity cost rate as specified in 16 CFR 305.15(b)(1)(ii), and an estimated average annual use as specified in 16 CFR 305.15(b)(1)(ii). (b) Certification reports. (2) Values reported in certification reports are represented values. Pursuant to § 429.12(b)(13), a certification report must include the following public product-specific information: The testing laboratory's ILAC accreditation body's identification number or other approved identification assigned by the ILAC accreditation body, the date of manufacture, initial lumen output in lumens (lm), input power in watts (W), lamp efficacy in lumens per watt (lm/W), CCT in kelvin (K), power factor, lifetime in hours (and whether value is estimated), and life in years (and whether value is estimated). For lamps with multiple modes of operation (such as variable CCT or CRI), the certification report must also list which mode was selected for testing and include detail such that another laboratory could operate the lamp in the same mode. Lifetime and life are estimated values until testing is complete. When reporting estimated values, the certification report must specifically describe the prediction method, which must be generally representative of the methods specified in appendix BB. Manufacturers are required to maintain records per § 429.71 of the development of all estimated values and any associated initial test data. (c) Rounding requirements. (2) Round lumen output to three significant digits. (3) Round lamp efficacy to the nearest tenth of a lumen per watt. (4) Round correlated color temperature to the nearest 100 Kelvin. (5) Round color rendering index to the nearest whole number. (6) Round power factor to the nearest hundredths place. (7) Round lifetime to the nearest whole hour. (8) Round standby mode power to the nearest tenth of a watt. [81 FR 43425, July 1, 2016, as amended at 90 FR 6789, Jan. 21, 2025] § 429.57 General service lamps. (a) Determination of represented value. (1) The requirements of § 429.11 are applicable to general service lamps, and (2) For general service incandescent lamps, use § 429.66(a); (3) For compact fluorescent lamps, use § 429.35(a); (4) For integrated LED lamps, use § 429.56(a); (5) For other incandescent lamps, use § 429.66(a); (6) For other fluorescent lamps, use § 429.35(a); and (7) For OLED lamps and non-integrated LED lamps, use § 429.56(a). (b) Certification reports. (2) Values reported in certification reports are represented values; (3) For general service incandescent lamps, use § 429.66(b); (4) For compact fluorescent lamps, use § 429.35(b); (5) For integrated LED lamps, use § 429.56(b); and (6) For other incandescent lamps, for other fluorescent lamps, for OLED lamps and non-integrated LED lamps, pursuant to § 429.12(b)(13), a certification report must include the following public product-specific information: The testing laboratory's ILAC accreditation body's identification number or other approved identification assigned by the ILAC accreditation body, initial lumen output, input power, lamp efficacy, and power factor. For non-integrated LED lamps, the certification report must also include the input voltage and current used for testing. (c) Rounding requirements. (2) Round initial lumen output to three significant digits. (3) Round lamp efficacy to the nearest tenth of a lumen per watt. (4) Round power factor to the nearest hundredths place. (5) Round standby mode power to the nearest tenth of a watt. [81 FR 72503, Oct. 20, 2016, as amended at 90 FR 6789, Jan. 21, 2025] § 429.58 Furnace fans. (a) Sampling plan for selection of units for testing. (2) For each basic model of furnace fan within the scope of appendix AA of subpart B of part 430, a sample of sufficient size shall be randomly selected and tested to ensure that any represented value of fan energy rating (FER), rounded to the nearest integer, shall be greater than or equal to the higher of: (i) The mean of the sample, where: And, x n x i th (ii) The upper 90 percent confidence limit (UCL) of the true mean divided by 1.05, where: And x s n t 0.90 (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: The fan energy rating (FER) in watts per thousand cubic feet per minute (W/1000 cfm); the calculated maximum airflow at the reference system external static pressure (ESP) in cubic feet per minute (cfm); the control system configuration for achieving the heating and constant-circulation airflow-control settings required for determining FER as specified in the furnace fan test procedure (10 CFR part 430, subpart B, appendix AA); the measured steady-state gas, oil, or electric heat input rate (Q IN [79 FR 520, Jan. 3, 2014, as amended at 79 FR 38208, July 3, 2014] § 429.59 Pumps. Note 1 to § 429.59: Prior to February 17, 2023, certification reports must be submitted as required either in this section or 10 CFR 429.59 as it appears in the 10 CFR parts 200 through 499 edition revised as of January 1, 2022. On or after February 17, 2023, certification reports must be submitted as required in this section. (a) Determination of represented value. (1) Units to be tested. The requirements of § 429.11 are applicable to pumps; and for each basic model, a sample of sufficient size shall be randomly selected and tested to ensure that— (i) Any representation of the constant load pump energy index (PEI CL VL (A) The mean of the sample, where: and x i Or, (B) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.05, where: and x s 0.95 (ii) Any representation of weighted energy factor of a basic model must be less than or equal to the lower of: (A) The mean of the sample, where: And x i (B) The lower 95 percent confidence limit (LCL) of the true mean divided by 0.95, where: And x 0.95 (2) Other representations Rated hydraulic horsepower. (ii) Dedicated-purpose pool pump motor total horsepower. (iii) True power factor (PF i ). (iv) General pumps. (v) Input power. (vi) Flow at BEP and maximum speed. (vii) Head at BEP and maximum speed. (viii) Other reported values. (3) Alternative efficiency determination methods. (i) Any represented value of energy consumption or other measure of energy use of a basic model for which consumers would favor lower values shall be greater than or equal to the output of the AEDM and less than or equal to the Federal standard for that basic model; and (ii) Any represented value of energy efficiency or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the output of the AEDM and greater than or equal to the Federal standard for that basic model. (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report must include the following public product-specific information: (i) For a pump subject to the test methods prescribed in section III of appendix A to subpart Y of part 431 of this chapter: PEI CL i P in i (ii) For a pump subject to the test methods prescribed in section IV or V of appendix A to subpart Y of part 431 of this chapter: PEI CL i P in i CL (iii) For a pump subject to the test methods prescribed in section VI or VII of appendix A to subpart Y of part 431 of this chapter: PEI VL i P in i VL (iv) For a dedicated-purpose pool pump (other than an integral cartridge-filter or sand-filter pool pump): weighted energy factor (WEF) in kilogallons per kilowatt-hour (kgal/kWh); rated hydraulic horsepower in horsepower (hp); the speed configuration for which the pump is being rated ( i.e., (v) For integral cartridge-filter and sand-filter pool pumps, the maximum run-time (in hours) of the pool pump control with which the integral cartridge-filter or sand-filter pump is distributed in commerce. (3) Pursuant to § 429.12(b)(13), a certification report may include the following public product-specific information: (i) For a pump subject to the test methods prescribed in section III of appendix A to subpart Y of part 431 of this chapter: Pump efficiency at BEP in percent (%) and PER CL (ii) For a pump subject to the test methods prescribed in section IV or V of appendix A to subpart Y of part 431 of this chapter: Pump efficiency at BEP in percent (%) and PER CL (iii) For a pump subject to the test methods prescribed in section VI or VII of appendix A to subpart Y of part 431 of this chapter: Pump efficiency at BEP in percent (%) and PER VL (iv) For a dedicated-purpose pool pump (other than an integral cartridge-filter or sand-filter pool pump): Calculated driver power input and flow rate at each load point i (P i i (4) Pursuant to § 429.12(b)(13), a certification report will include the following product-specific information: (i) For a pump subject to the test methods prescribed in section III of appendix A to subpart Y of part 431 of this chapter: The pump configuration ( i.e., (ii) For a pump subject to the test methods prescribed in section IV or V of appendix A to subpart Y of part 431 of this chapter: The pump configuration ( i.e., (iii) For a pump subject to the test methods prescribed in section VI or VII of appendix A to subpart Y of part 431 of this chapter: The pump configuration ( i.e., (c) Individual model numbers. Equipment configuration Basic model number Individual model number(s) 1 2 3 Bare pump Number unique to the basic model Bare pump N/A N/A. Bare pump with driver Number unique to the basic model Bare pump Driver N/A. Bare pump with driver and controls Number unique to the basic model Bare pump Driver Controls. (2) Or must otherwise provide sufficient information to identify the specific driver model and/or controls model(s) with which a bare pump is distributed. [81 FR 4144, Jan. 25, 2016, as amended at 81 FR 4430, Jan. 26, 2016; 82 FR 36918, Aug. 7, 2017; 87 FR 43979, July 22, 2022; 87 FR 57297, Sept. 19, 2022; 88 FR 17973, Mar. 24, 2023; 88 FR 24471, Apr. 21, 2023; 89 FR 82067, Oct. 9, 2024; 90 FR 43382, Sept. 9, 2025] § 429.60 Commercial packaged boilers. (a) Determination of represented value. (1) Units to be tested. (ii) For each basic model selected for testing, a sample of sufficient size shall be randomly selected and tested to ensure that— (A) Any represented value of energy consumption or other measure of energy use of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: ( 1 and, x i th ( 2 And x 0.95 (B) Any represented value of energy efficiency or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the lower of: ( 1 and, x i th ( 2 And x 0.95 (2) Alternative efficiency determination methods. (i) Any represented value of energy consumption or other measure of energy use of a basic model for which consumers would favor lower values shall be greater than or equal to the output of the AEDM and less than or equal to the Federal standard for that basic model; and (ii) Any represented value of energy efficiency or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the output of the AEDM and greater than or equal to the Federal standard for that basic model. (3) The rated input for a basic model reported in accordance with paragraph (b)(2) of this section must be the maximum rated input listed on the nameplate and in manufacturer literature for the commercial packaged boiler basic model. In the case where the nameplate and the manufacturer literature are not identical, DOE will use the nameplate on the unit for determining the rated input. (4) For a model of commercial packaged boiler capable of supplying either steam or hot water, representative values for steam mode must be based on efficiency in steam mode and representative values for hot water mode must be based on either the efficiency in hot water mode or steam mode in accordance with the test procedure in § 431.86 of this chapter and the provisions of this section. (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report must include the following public, equipment-specific information: (i) If oil-fired, the manufacturer (including brand, if applicable) and model number of the burner; (ii) The rated input in British thermal units per hour (Btu/h); (iii) The combustion efficiency in percent (%) to the nearest tenth of one percent or thermal efficiency in percent (%) to the nearest one tenth of one percent, as specified in § 431.87 of this chapter; and (iv) For a basic model of commercial packaged boiler that cannot be tested using the standard inlet temperatures required in appendix A to subpart E of part 431, the average inlet water temperature measured at Point B in Figure C9 of ANSI/AHRI Standard 1500-2015 (incorporated by reference, see § 429.4) at which the model was tested. (3) Pursuant to § 429.12(b)(13), a certification report must include the following additional equipment-specific information: (i) Whether the basic model is engineered-to-order; and (ii) For any basic model rated with an AEDM, whether the manufacturer elects the witness test option for verification testing. (See § 429.70(c)(5)(iii) for options). However, the manufacturer may not select more than 10% of AEDM-rated basic models to be eligible for witness testing. (iii) For basic models of commercial packaged boilers that have a rated input greater than 5,000,000 Btu/h, a declaration about whether the certified efficiency rating is based on testing conducted pursuant to § 431.86(c) of this chapter. (4) Pursuant to § 429.12(b)(13), a certification report may include supplemental testing instructions in PDF format. If necessary to run a valid test, the equipment-specific, supplemental information must include any additional testing and testing set up instructions ( e.g., e.g., (5) Any field tested pursuant to § 431.86(c) of this chapter basic model of a commercial packaged boiler that has not been previously certified through testing or an AEDM must be certified within 15 days of commissioning. (c) Alternative methods for determining efficiency or energy use for commercial packaged boilers can be found in § 429.70. [79 FR 25504, May 5, 2014, as amended at 80 FR 151, Jan. 5, 2015; 81 FR 89303, Dec. 9, 2016] § 429.61 Consumer miscellaneous refrigeration products. (a) Sampling plan for selection of units for testing. (2) For each basic model of miscellaneous refrigeration product, a sample of sufficient size shall be randomly selected and tested to ensure that— (i) Any represented value of estimated annual operating cost, energy consumption, or other measure of energy consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: (A) The mean of the sample, where: And, x i (B) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.10, where: And x 0.95 and (ii) Any represented value of the energy factor or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the lower of: (A) The mean of the sample, where: And, x i (B) The lower 95 percent confidence limit (LCL) of the true mean divided by 0.90, where: And x 0.95 (3) The value of total refrigerated volume of a basic model reported in accordance with paragraph (b)(2) of this section shall be the mean of the total refrigerated volumes measured for each tested unit of the basic model or the total refrigerated volume of the basic model as calculated in accordance with § 429.72(d). The value of adjusted total volume of a basic model reported in accordance with paragraph (b)(2) of this section shall be the mean of the adjusted total volumes measured for each tested unit of the basic model or the adjusted total volume of the basic model as calculated in accordance with § 429.72(d). (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report must include the following public product-specific information: The annual energy use in kilowatt hours per year (kWh/yr); the total refrigerated volume in cubic feet (cu ft) and the total adjusted volume in cubic feet (cu ft). (3) Pursuant to § 429.12(b)(13), a certification report coolers or combination cooler refrigeration products shall include the following additional product-specific information: Whether the basic model has variable defrost control (in which case, manufacturers must also report the values, if any, of CT L M (c) Rounding requirements for representative values, including certified and rated values. (2) The represented value of total refrigerated volume must be rounded to the nearest 0.1 cubic foot. (3) The represented value of adjusted total volume must be rounded to the nearest 0.1 cubic foot. (d) Product category determination. (1) Compartment volume used to determine product category shall be, for each compartment, the mean of the volumes of that specific compartment for the sample of tested units of the basic model, measured according to the provisions in section 4.1 of appendix A of subpart B of part 430 of this chapter, or, for each compartment, the volume of that specific compartment calculated for the basic model in accordance with § 429.72(d). (2) For compartments other than cooler compartments, determination of the compartment temperature ranges shall be based on operation of the product under the conditions specified in appendix A to subpart B of part 430 of this chapter for miscellaneous refrigeration products. The determination of compartment status may require evaluation of a model at the extremes of the range of user-selectable temperature control settings. If the temperature ranges for the same compartment of multiple units of a sample are different, the maximum and minimum compartment temperatures for compartment status determination shall be based on the mean measurements for the units in the sample. [81 FR 46790, July 18, 2016, as amended at 86 FR 56819, Oct. 12, 2021; 88 FR 7845, Feb. 7, 2023] § 429.62 Portable air conditioners. (a) Sampling plan for selection of units for testing. (2) For each basic model of portable air conditioner, a sample of sufficient size must be randomly selected and tested to ensure that— (i) Any represented value of energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values is greater than or equal to the higher of: (A) The mean of the sample: Where: x x i n is the number of units in the test sample. Or, (B) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.10: Where: x s is the sample standard deviation; n is the number of units in the test sample; and t 0.95 And, (ii) Any represented value of the combined energy efficiency ratio or other measure of energy consumption of a basic model for which consumers would favor higher values is less than or equal to the lower of: (A) The mean of the sample: Where: x x i n is the number of units in the test sample. Or, (B) The lower 95 percent confidence limit (LCL) of the true mean divided by 0.90: Where: x s is the sample standard deviation; n is the number of units in the test sample; and t 0.95 And, (3) When testing in accordance with appendix CC of subpart B of part 430 of this chapter, the represented value of cooling capacity for a single-speed portable AC shall be seasonally adjusted cooling capacity (“SACC”) and the represented value of cooling capacity for a variable-speed portable AC shall be full-load seasonally adjusted cooling capacity (“SACC Full (4) Where SACC is used for representation, the represented value of SACC of a basic model must be the mean of the SACC for each tested unit of the basic model. Likewise, where SACC Full Full Full Full Full (5) The represented value of combined energy efficiency ratio or annualized energy efficiency ratio of a basic model must be rounded to the nearest 0.1 Btu/Wh. (6) Single-duct and dual-duct portable air conditioners distributed in commerce by the manufacturer with multiple duct configuration options that meet DOE's definitions for single-duct portable AC and dual-duct portable AC, must be rated and certified under both applicable duct configurations. (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: The combined energy efficiency ratio (CEER in British thermal units per Watt-hour (Btu/Wh), the seasonally adjusted cooling capacity in British thermal units per hour (Btu/h), the duct configuration (single-duct, dual-duct, or ability to operate in both duct configurations), presence of heating function, and primary condensate removal feature (auto-evaporation, gravity drain, removable internal collection bucket, or condensate pump). [81 FR 35264, June 1, 2016, as amended at 85 FR 1446, Jan. 10, 2020; 88 FR 31126, May 15, 2023; 89 FR 82068, Oct. 9, 2024; 90 FR 43382, Sept. 9, 2025] § 429.63 Compressors. (a) Determination of represented value. (1) Units to be tested. (ii) For each basic model selected for testing, a sample of sufficient size must be randomly selected and tested to ensure that— (A) Measures of energy efficiency. ( 1 And x i th ( 2 And x 0.95 (B) Package specific power. (2) Alternative efficiency determination methods. (i) Any represented values of package isentropic efficiency or other measure of energy consumption of a basic model for which customers would favor higher values must be less than or equal to the output of the AEDM; and (ii) Any represented values of package specific power, pressure ratio at full-load operating pressure, full-load actual volume flow rate, or full-load operating pressure must be the output of the AEDM corresponding to the represented value of package isentropic efficiency determined in paragraph (a)(2)(i) of this section. (3) Representations of non-energy metrics Full-load actual volume flow rate. (A) The mean of the full-load actual volume flow rate for the units in the sample; or (B) As determined through the application of an AEDM pursuant to the requirements of § 429.70. (ii) Full-load operating pressure. (A) 90 percent of the maximum full-flow operating pressure; or (B) 10 psig less than the maximum full-flow operating pressure, where the maximum full-flow operating pressure must either be determined as the mean of the maximum full-flow operating pressure values for the units in the sample or through the application of an AEDM pursuant to the requirements of § 429.70. (iii) Pressure ratio at full-load operating pressure. (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report will include the following public product-specific information: (i) Full-load package isentropic efficiency or part-load package isentropic efficiency, as applicable (dimensionless). (ii) Full-load actual volume flow rate (in cubic feet per minute). (iii) Compressor motor nominal horsepower (in horsepower). (iv) Full-load operating pressure (in pounds per square inch, gauge). (v) Maximum full-flow operating pressure (in pounds per square inch, gauge). (vi) Pressure ratio at full-load operating pressure (dimensionless). (vii) For any ancillary equipment that is installed for test, but is not part of the compressor package as distributed in commerce (per the requirements of 10 CFR part 431, subpart T, appendix A, section I(B)(4)), the following must be reported: (A) A general description of the ancillary equipment, based on the list provided in the first column of Table 1 of 10 CFR part 431, subpart T, appendix A, section I(B)(4). (B) The manufacturer of the ancillary equipment. (C) The brand of the ancillary equipment (if different from the manufacturer). (D) The model number of the ancillary equipment. (E) The serial number of the ancillary equipment (if applicable). (F) The following electrical characteristics, if applicable: ( 1 ( 2 ( 3 (G) The following mechanical characteristics, if applicable: ( 1 ( 2 (H) Installation instructions for the ancillary equipment, accompanied by photos that clearly illustrate the ancillary equipment, as installed on compressor package. Instructions and photo(s) to be provided in portable document format ( i.e., [82 FR 1099, Jan. 4, 2017, as amended at 85 FR 1591, Jan. 10, 2020] § 429.64 Electric motors. (a) Applicability. (1) Prior to the date described in paragraph (a)(2) of this section, manufacturers of electric motors subject to energy conservation standards in subpart B of part 431 must make representations of energy efficiency, including representations for certification of compliance, in accordance with paragraphs (b) and (c) of this section. (2) On and after the compliance date for any new or amended standards for electric motors published after January 1, 2021, manufacturers of electric motors subject to energy conservation standards in subpart B of part 431 of this subchapter must make representations of energy efficiency, including representations for certification of compliance, in accordance with paragraphs (d) through (f) of this section. (3) On or after April 17, 2023, manufacturers of electric motors subject to the test procedures in appendix B of subpart B of part 431 but are subject to the energy conservation standards in subpart B of part 431 of this subchapter, must, if they chose to voluntarily make representations of energy efficiency, follow the provisions in paragraph (e) of this section. (b) Compliance certification General requirements. (2) Alternative efficiency determination method. (i) The average full-load efficiency of any basic model used to validate an AEDM must be calculated under paragraph (c) of this section. (ii) The represented value is the nominal full-load efficiency of a basic model of electric motor and is to be used in marketing materials and all public representations, as the certified value of efficiency, and on the nameplate. ( See (3) Use of a certification program or accredited laboratory. (ii) For each basic model for which a certification program is not used as described in paragraph (b)(3)(i) of this section, any testing of the motor pursuant to paragraph (b)(1) or (2) of this section to determine its energy efficiency must be carried out in an accredited laboratory that meets the requirements of § 431.18 of this subchapter; (c) Additional testing requirements applicable when a certification program is not used Selection of units for testing. (2) Sampling requirements. (i) The average full-load efficiency of the sample, which is defined by: where x i i where RE is the represented nominal full-load efficiency, and (ii) The lowest full-load efficiency in the sample x min x min x i shall satisfy the condition: (d) Compliance certification. (1) Testing of the electric motor basic model was conducted using an accredited laboratory that meets the requirements of paragraph (f) of this section; (2) Testing was conducted using a laboratory other than an accredited laboratory that meets the requirements of paragraph (f) of this section, or the nominal full-load efficiency of the electric motor basic model was determined through the application of an AEDM pursuant to the requirements of § 429.70(j), and a third-party certification organization that is nationally recognized in the United States under § 429.73 has certified the nominal full-load efficiency of the electric motor basic model through issuance of a certificate of conformity for the basic model. (e) Determination of represented value. (1) Testing Units to be tested. (ii) Average Full-load Efficiency: x Where x i (iii) Represented value. See (iv) Minimum full-load efficiency: min where Std (2) Alternative efficiency determination methods. (i) The average full-load efficiency of any basic model used to validate an AEDM must be calculated under paragraph (e)(1)(ii) of this section; and (ii) The represented value is the nominal full-load efficiency of a basic model of electric motor and is to be used in marketing materials and all public representations, as the certified value of efficiency, and on the nameplate. (See § 431.31(a) of this subchapter) Determine the nominal full-load efficiency by selecting a value from the “Nominal Full-Load Efficiency” table in appendix B to subpart B of this part, that is no greater than the simulated full-load efficiency predicted by the AEDM for the basic model. (f) Accredited laboratory. (i) The National Institute of Standards and Technology/National Voluntary Laboratory Accreditation Program (NIST/NVLAP); or (ii) A laboratory accreditation body having a mutual recognition arrangement with NIST/NVLAP; or (iii) An organization classified by the Department, pursuant to § 429.74, as an accreditation body. (2) NIST/NVLAP is under the auspices of the National Institute of Standards and Technology (NIST)/National Voluntary Laboratory Accreditation Program (NVLAP), which is part of the U.S. Department of Commerce. NIST/NVLAP accreditation is granted on the basis of conformance with criteria published in 15 CFR part 285. The National Voluntary Laboratory Accreditation Program, “Procedures and General Requirements,” NIST Handbook 150-10, April 2020 (referenced for guidance only, see [87 FR 63647, Oct. 19, 2022] § 429.65 Dedicated-purpose pool pump motors. (a) Applicability. (b) Compliance certification. (1) Testing of the dedicated-purpose pool pump motor basic model was conducted using an accredited laboratory that meets the requirements of paragraph (d) of this section; (2) Testing was conducted using a laboratory other than an accredited laboratory that meets the requirements of paragraph (d) of this section, or the full-load efficiency of the dedicated-purpose pool pump motor basic model was determined through the application of an AEDM pursuant to the requirements of § 429.70(k), and a third-party certification organization that is nationally recognized in the United States under § 429.73 has certified the full-load efficiency of the dedicated-purpose pool pump motor basic model through issuance of a certificate of conformity for the basic model. (c) Determination of represented value. (1) Testing Units to be tested. (ii) Full-load efficiency. x Where x i (iii) Represented value. See (iv) Minimum full-load efficiency: min where Std (v) Dedicated-purpose pool pump motor total horsepower. (2) Alternative efficiency determination methods. (i) The full-load efficiency of any basic model used to validate an AEDM must be calculated under paragraph (c)(1)(ii) of this section; and (ii) The represented value is the full-load efficiency of a basic model of dedicated-purpose pool pump motor and is to be used in marketing materials and all public representations, as the certified value of efficiency, and on the nameplate. ( See (d) Accredited laboratory. (i) The National Institute of Standards and Technology/National Voluntary Laboratory Accreditation Program (NIST/NVLAP); or (ii) A laboratory accreditation body having a mutual recognition arrangement with NIST/NVLAP; or (iii) An organization classified by the Department, pursuant to § 429.74, as an accreditation body. (2) NIST/NVLAP is under the auspices of the National Institute of Standards and Technology (NIST)/National Voluntary Laboratory Accreditation Program (NVLAP), which is part of the U.S. Department of Commerce. NIST/NVLAP accreditation is granted on the basis of conformance with criteria published in 15 CFR part 285. The National Voluntary Laboratory Accreditation Program, “Procedures and General Requirements,” NIST Handbook 150-10, April 2020, (referenced for guidance only, see [87 FR 63648, Oct. 19, 2022, as amended at 89 FR 82068, Oct. 9, 2024; 90 FR 43382, Sept. 9, 2025] § 429.66 General service incandescent lamps. Note 1 to § 429.66: Prior to February 17, 2023, certification reports must be submitted as required either in this section or 10 CFR 429.27 as it appears in the 10 CFR parts 200 through 499 edition revised as of January 1, 2022. On or after February 17, 2023, certification reports must be submitted as required in this section. (a) Determination of Represented Value. (1) Units to be tested. (i) When testing, use a sample comprised of production units. The same sample of units must be tested and used as the basis for representations for initial lumen output, rated wattage, color rendering index (CRI), correlated color temperature (CCT), and lifetime. (ii) For each basic model, randomly select and test a sample of sufficient size, but not less than 10 units, to ensure that— (A) Represented values of initial lumen output and CRI are less than or equal to the lower of: ( 1 ( 2 (B) Represented values of rated wattage are greater than or equal to the higher of: ( 1 ( 2 and x 0.95 (2) Any represented values of measures of energy efficiency or energy consumption for all individual models represented by a given basic model must be the same. (3) Represented values of CCT must be equal to the arithmetic mean of the sample. (4) Represented values of lifetime must be equal to or less than the median time to failure of the sample (calculated as the arithmetic mean of the time to failure of the two middle sample units (or the value of the middle sample unit if there are an odd number of units) when the measured values are sorted in value order). (5) Calculate represented values of life (in years) by dividing the represented lifetime of these lamps as determined in paragraph (a)(4) of this section by the estimated daily operating hours as specified in 16 CFR 305.23(b)(3)(iii) multiplied by 365. (6) Represented values of the estimated annual energy cost, expressed in dollars per year, must be the product of the rated wattage in kilowatts, an electricity cost rate as specified in 16 CFR 305.23(b)(1)(ii), and an estimated average daily use as specified in 16 CFR 305.23(b)(1)(ii) multiplied by 365. (b) Certification reports. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: The testing laboratory's ILAC accreditation body's identification number or other approved identification assigned by the ILAC accreditation body, rated wattage in watts (W), the lifetime in hours, CRI, and initial lumen output in lumens (lm). (c) Rounding Requirements. (2) Round initial lumen output to three significant digits. (3) Round CCT to the nearest 100 kelvin (K). (4) Round CRI to the nearest whole number. (5) Round lifetime to the nearest whole hour. (6) Round life (in years) to the nearest tenth. (7) Round annual energy cost to the nearest cent. [87 FR 53639, Aug. 31, 2022] § 429.67 Air-cooled, three-phase, small commercial package air conditioning and heating equipment with a cooling capacity of less than 65,000 British thermal units per hour and air-cooled, three-phase, variable refrigerant flow multi-split air conditioners and heat pumps with a cooling capacity of less than 65,000 British thermal units per hour. (a) Applicability. (2) For air-cooled, three-phase, small commercial package air conditioning and heating equipment with a cooling capacity of less than 65,000 Btu/h and air-cooled, three-phase, variable refrigerant flow multi-split air conditioners and heat pumps with a cooling capacity of less than 65,000 Btu/h subject to standards in terms of seasonal energy efficiency ratio 2 (SEER2) and heating seasonal performance factor 2 (HSPF2) metrics, representations with respect to the energy use or efficiency, including compliance certifications, are subject to the requirements in this section. If manufacturers choose to certify compliance with any standards in terms of SEER2 and HSPF2 prior to the applicable compliance date for those standards, the requirements of this section must be followed. (b) Determination of Represented Value Required represented values. Table 1 to Paragraph ( b Category Equipment subcategory Required represented values Single-Package unit Single-Package AC (including Space-Constrained) Every individual model distributed in commerce. Single-Package HP (including Space-Constrained) Outdoor Unit and Indoor Unit (Distributed in Commerce by OUM (Outdoor Unit Manufacturer)) Single-Split-System AC with Single-Stage or Two-Stage Compressor (including Space-Constrained and Small-Duct, High Velocity Systems (SDHV)) Every individual combination distributed in commerce. Each model of outdoor unit must include a represented value for at least one coil-only individual combination that is distributed in commerce and which is representative of the least efficient combination distributed in commerce with that particular model of outdoor unit. For that particular model of outdoor unit, additional represented values for coil-only and blower-coil individual combinations are allowed, if distributed in commerce. Single-Split-System AC with Other Than Single-Stage or Two-Stage Compressor (including Space-Constrained and SDHV) Every individual combination distributed in commerce, including all coil-only and blower coil combinations. Single-Split-System HP (including Space-Constrained and SDHV) Every individual combination distributed in commerce. Multi-Split, Multi-Circuit, or Multi-Head Mini-Split Split System—non-SDHV (including Space-Constrained) For each model of outdoor unit, at a minimum, a non-ducted “tested combination.” For any model of outdoor unit also sold with models of ducted indoor units, a ducted “tested combination.” When determining represented values on or after the compliance date of any amended energy conservation standards, the ducted “tested combination” must comprise the highest static variety of ducted indoor unit distributed in commerce (i.e., conventional, mid-static, or low-static). Additional representations are allowed, as described in paragraph (d)(3) of this section. Multi-Split, Multi-Circuit, or Multi-Head Mini-Split Split System—SDHV For each model of outdoor unit, an SDHV “tested combination.” Additional representations are allowed, as described in paragraph (d)(3) of this section. Indoor Unit Only Distributed in Commerce by ICM (Independent Coil Manufacturer) Single-Split-System Air Conditioner (including Space-Constrained and SDHV) Every individual combination distributed in commerce. Single-Split-System Heat Pump (including Space-Constrained and SDHV) Multi-Split, Multi-Circuit, or Multi-Head Mini-Split Split System—SDHV For a model of indoor unit within each basic model, a SDHV “tested combination.” Additional representations are allowed, as described in section (d)(3)(ii) of this section. Outdoor Unit with no Match Every model of outdoor unit distributed in commerce (tested with a model of coil-only indoor unit as specified in paragraph (c)(2) of this section). (2) Refrigerants. (ii) If a model is approved for use with multiple refrigerants, a manufacturer may make multiple separate representations for the performance of that model (all within the same individual combination or outdoor unit with no match) using the multiple approved refrigerants. In the alternative, manufacturers may certify the model (all within the same individual combination or outdoor unit with no match) with a single representation, provided that the represented value is no more efficient than its performance using the least-efficient refrigerant. A single representation made for multiple refrigerants may not include equipment in multiple categories or equipment subcategories listed in table 1 to paragraph (b)(1) of this section. (3) Limitations for represented values of individual combinations. (i) Multiple product classes. (ii) Reserved. (4) Requirements. (c) Units tested General. (2) Sampling plans and represented values. (i) SEER2 and HSPF2. (A) The mean of the sample, where: and, x n i (B) The lower 90 percent confidence limit (LCL) of the true mean divided by 0.95, where: And x s n t 0.90 (ii) Cooling Capacity and Heating Capacity. (A) Less than or equal to the lower of: ( 1 and, x n i th ( 2 And x s n t 0.90 (B) Rounded

according to: ( 1 ( 2 ( 3 (d) Determination of represented values All basic models except outdoor units with no match and multi-split systems, multi-circuit systems, and multi-head mini-split systems. (i) A sample of sufficient size, comprised of production units or representing production units, must be tested as complete systems with the resulting represented values for the individual model/combination obtained in accordance with paragraphs (c)(1) and (2) of this section; or (ii) The represented values of the measures of energy efficiency or energy consumption through the application of an AEDM in accordance with paragraph (e) of this section and § 429.70. (2) Outdoor units with no match. (3) For multi-split systems, multi-circuit systems, and multi-head mini-split systems. (i) For each non-SDHV basic model, at a minimum, a manufacturer must test the model of outdoor unit with a “tested combination” composed entirely of non-ducted indoor units. For any models of outdoor units also sold with models of ducted indoor units, a manufacturer must test a second “tested combination” composed entirely of ducted indoor units (in addition to the non-ducted combination). The ducted “tested combination” must comprise the highest static variety of ducted indoor unit distributed in commerce ( i.e., (ii) If a manufacturer chooses to make representations of a variety of a basic model ( i.e., (iii) For basic models that include mixed combinations of indoor units ( i.e., (iv) For each SDHV basic model distributed in commerce by an OUM, the OUM must, at a minimum, test the model of outdoor unit with a “tested combination” composed entirely of SDHV indoor units. For each SDHV basic model distributed in commerce by an ICM, the ICM must test the model of indoor unit with a “tested combination” composed entirely of SDHV indoor units, where the outdoor unit is the least efficient model of outdoor unit with which the SDHV indoor unit will be paired. The least efficient model of outdoor unit is the model of outdoor unit in the lowest SEER2 combination as certified by the outdoor unit manufacturer. If there are multiple outdoor unit models with the same lowest SEER2 represented value, the indoor coil manufacturer may select one for testing purposes. (v) For basic models that include SDHV and an indoor unit of another variety ( i.e., (vi) All other individual combinations of models of indoor units for the same model of outdoor unit for which the manufacturer chooses to make representations must be rated as separate basic models, and the provisions of paragraphs (c)(1) and (2) and (d)(3)(i) through (v) of this section apply. (e) Alternative efficiency determination methods. (1) Energy efficiency. (2) Cooling capacity. (3) Heating capacity. (f) Certification reports. (1) The requirements of § 429.12; and (2) Pursuant to § 429.12(b)(13), for each individual model (for single-package systems) or individual combination (for split-systems, including outdoor units with no match and “tested combinations” for multi-split, multi-circuit, and multi-head mini-split systems), a certification report must include the following public equipment-specific information: (i) Commercial package air conditioning equipment that is air-cooled with a cooling capacity of less than 65,000 Btu/h (3-Phase): (ii) Commercial package heating equipment that is air-cooled with a cooling capacity of less than 65,000 Btu/h (3-Phase): (iii) Variable refrigerant flow multi-split air conditioners that are air-cooled with rated cooling capacity of less than 65,000 Btu/h (3-Phase): (iv) Variable refrigerant flow multi-split heat pumps that are air-cooled with rated cooling capacity of less than 65,000 Btu/h (3-Phase): (2) Pursuant to § 429.12(b)(13), for each individual model (for single-package systems) or individual combination (for split-systems, including outdoor units with no match and “tested combinations” for multi-split, multi-circuit, and multi-head mini-split systems), a certification report must include the following public equipment-specific information: (i) Commercial package air conditioning equipment that is air-cooled with a cooling capacity of less than 65,000 Btu/h (3-Phase): (A) When certifying compliance with a SEER standard: The seasonal energy efficiency ratio (SEER in British thermal units per Watt-hour (Btu/Wh)), and the rated cooling capacity in British thermal units per hour (Btu/h). (B) When certifying compliance with a SEER2 standard: the seasonal energy efficiency ratio 2 (SEER2 in British thermal units per Watt-hour (Btu/Wh)) and the rated cooling capacity in British thermal units per hour (Btu/h). (ii) Commercial package heating equipment that is air-cooled with a cooling capacity of less than 65,000 Btu/h (3-Phase): (A) When certifying compliance with an HSPF standard: The seasonal energy efficiency ratio (SEER in British thermal units per Watt-hour (Btu/Wh)), the heating seasonal performance factor (HSPF in British thermal units per Watt-hour (Btu/Wh)), and the rated cooling capacity in British thermal units per hour (Btu/h). (B) When certifying compliance with an HSPF2 standard: the seasonal energy efficiency ratio 2 (SEER2 in British thermal units per Watt-hour (Btu/Wh)), the heating seasonal performance factor 2 (HSPF2 in British thermal units per Watt-hour (Btu/Wh)) and the rated cooling capacity in British thermal units per hour (Btu/h). (iii) Air-cooled, three-phase, variable refrigerant flow multi-split air conditioners with a cooling capacity of less than 65,000 Btu/h: (A) When certifying compliance with a SEER standard: The seasonal energy efficiency ratio (SEER in British thermal units per Watt-hour (Btu/Wh)), and the rated cooling capacity in British thermal units per hour (Btu/h). (B) When certifying compliance with a SEER2 standard: the seasonal energy efficiency ratio 2 (SEER2 in British thermal units per Watt-hour (Btu/Wh)) and the rated cooling capacity in British thermal units per hour (Btu/h). (iv) Air-cooled, three-phase, variable refrigerant flow multi-split heat pumps with a cooling capacity of less than 65,000 Btu/h: (A) When certifying compliance with an HSPF standard: The seasonal energy efficiency ratio (SEER in British thermal units per Watt-hour (Btu/Wh)), the heating seasonal performance factor (HSPF in British thermal units per Watt-hour (Btu/Wh)), and the rated cooling capacity in British thermal units per hour (Btu/h). (B) When certifying compliance with an HSPF2 standard: the seasonal energy efficiency ratio 2 (SEER2 in British thermal units per Watt-hour (Btu/Wh)), the heating seasonal performance factor 2 (HSPF2 in British thermal units per Watt-hour (Btu/Wh)) and the rated cooling capacity in British thermal units per hour (Btu/h). (3) Pursuant to § 429.12(b)(13), for each individual model/combination (including outdoor units with no match and “tested combinations”), a certification report must include supplemental information submitted in PDF format. The equipment-specific, supplemental information must include any additional testing and testing set up instructions (e.g., charging instructions) for the basic model; identification of all special features that were included in rating the basic model; and all other information (e.g., operational codes or component settings) necessary to operate the basic model under the required conditions specified by the relevant test procedure. A manufacturer may also include with a certification report other supplementary items in PDF format (e.g., manuals) for DOE consideration in performing testing under subpart C of this part. The equipment-specific, supplemental information must include at least the following: (i) Air cooled commercial package air conditioning equipment with a cooling capacity of less than 65,000 Btu/h (3-phase): The nominal cooling capacity in British thermal units per hour (Btu/h); rated airflow in standard cubic feet per minute (SCFM) for each fan coil; rated static pressure in inches of water; refrigeration charging instructions ( e.g., e.g., (ii) Commercial package heating equipment that is air-cooled with a cooling capacity of less than 65,000 Btu/h (3-phase): The nominal cooling capacity in British thermal units per hour (Btu/h); rated heating capacity in British thermal units per hour (Btu/h); rated airflow in standard cubic feet per minute (SCFM) for each fan coil; rated static pressure in inches of water; refrigeration charging instructions ( e.g., e.g., (iii) Variable refrigerant flow multi-split air conditioners that are air-cooled with a cooling capacity of less than 65,000 Btu/h (3-Phase): The nominal cooling capacity in British thermal units per hour (Btu/h); outdoor unit(s) and indoor units identified in the tested combination; components needed for heat recovery, if applicable; rated airflow in standard cubic feet per minute (SCFM) for each indoor unit; rated static pressure in inches of water; compressor frequency set points; required dip switch/control settings for step or variable components; a statement whether the model will operate at test conditions without manufacturer programming; any additional testing instructions, if applicable; if a variety of motors/drive kits are offered for sale as options in the basic model to account for varying installation requirements, the model number and specifications of the motor (to include efficiency, horsepower, open/closed, and number of poles) and the drive kit, including settings, associated with that specific motor that were used to determine the certified rating; and which, if any, special features were included in rating the basic model. Additionally, upon DOE request, the manufacturer must provide a layout of the system set-up for testing including charging instructions consistent with the installation manual. (iv) Variable refrigerant flow multi-split heat pumps that are air-cooled with a rated cooling capacity of less than 65,000 Btu/h (3-Phase): The nominal cooling capacity in British thermal units per hour (Btu/h); rated heating capacity in British thermal units per hour (Btu/h); outdoor unit(s) and indoor units identified in the tested combination; components needed for heat recovery, if applicable; rated airflow in standard cubic feet per minute (SCFM) for each indoor unit; rated static pressure in inches of water; compressor frequency set points; required dip switch/control settings for step or variable components; a statement whether the model will operate at test conditions without manufacturer programming; any additional testing instructions, if applicable; if a variety of motors/drive kits are offered for sale as options in the basic model to account for varying installation requirements, the model number and specifications of the motor (to include efficiency, horsepower, open/closed, and number of poles) and the drive kit, including settings, associated with that specific motor that were used to determine the certified rating; and which, if any, special features were included in rating the basic model. Additionally, upon DOE request, the manufacturer must provide a layout of the system set-up for testing including charging instructions consistent with the installation manual. [87 FR 77317, Dec. 16, 2022, as amended at 89 FR 82068, Oct. 9, 2024; 90 FR 43382, Sept. 9, 2025] § 429.68 Air cleaners. (a) Sampling plan for selection of units for testing. (2) For each basic mode of air cleaners, a sample of sufficient size shall be randomly selected and tested to ensure that— (i) Any represented value of annual energy consumption or other measure of energy consumption of a basic mode for which consumers would favor lower values shall be greater than or equal to the higher of: (A) The mean of the sample: Where: x n x i i th Or, (B) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.10: Where: x s n t 0.95 And (ii) Any represented value of the integrated energy factor or other measure of energy consumption of a basic mode for which consumers would favor higher values shall be less than or equal to the high: (A) The mean of the sample: Where: x n x i i th Or, (B) The lower 95 percent confidence limit (LCL) of the true mean divided by 0.90: Where: x s n t 0.95 And (3) Any represented value of the pollen, smoke, dust, and PM 2.5 (4) Any represented value of the effective room size, in square feet, of a basic model must be calculated as the product of 1.55 and the represented smoke CADR value of the basic model as determined in paragraph (a)(3) of this section. Round the value of the effective room size, in square feet, to the nearest whole number. (5) Round the value of the annual energy consumption, in kWh/year, of a basic model to the nearest whole number. (6) Round the value of the integrated energy factor of a basic model to the nearest 0.1 CADR/W. (b)[Reserved] [88 FR 14043, Mar. 6, 2023, as amended at 89 FR 82069, Oct. 9, 2024; 90 FR 43383, Sept. 9, 2025]

] § 429.69 Fans and blowers. (a) Determination of represented values of fans and blowers other than air circulating fans. (1) Testing. (ii) If only one unit is tested, at each duty point characterized by a flow and speed value, any represented value of fan electrical power (“FEP”), fan shaft input power, or other measure of energy consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the tested value. Represented values other than FEP must be rounded to the nearest hundredth. FEP must be rounded to three significant figures. (iii) If only one unit is tested, at each duty point characterized by a flow and speed value, any represented value of fan energy index (“FEI”), or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the tested value. Represented values must be rounded to the nearest hundredth. (iv) If more than one unit is tested, at each duty point characterized by a flow and speed value, any represented value of fan electrical input power (“FEP”), fan shaft input power, or other measure of energy consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: (A) The mean of the sample, where Where is x x i th (B) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.05, where: and x 0.95 (v) If more than one unit is tested, any represented value of the fan energy index (“FEI”), or other measure of energy consumption of a basic model for which consumers would favor higher values shall be less than or equal to the lower of: (A) The mean of the sample, where Where x x i th (B) The lower 95 percent confidence limit (LCL) of the true mean divided by 0.95, where: and x 0.95 (vi) At each duty point characterized by a flow and speed value, the representative value of static or total pressure of a basic model of must be the mean of the tested static or total pressure for each tested unit. If only one unit is tested, the representative value of static or total pressure at the duty point of a basic model is the tested value. (2) Alternative efficiency determination methods. (b) Determination of represented values for air circulating fans. (1) Testing. (ii) Any represented value of fan electrical input power (“W E (A) The mean of the sample, where Where x i th (B) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.05, where: and x 0.95 (iii) Any represented value of efficacy (Eff circ (A) The mean of the sample, where Where x i th (B) The lower 95 percent confidence limit (LCL) of the true mean divided by 0.95, where: and x 0.95 (2) Alternative efficiency determination methods. [88 FR 27387, May 1, 2023, as amended at 88 FR 53375, Aug. 8, 2023] § 429.70 Alternative methods for determining energy efficiency and energy use. (a) General. i.e., (b) Testing. (c) Alternative efficiency determination method (AEDM) for commercial HVAC & WH products (excluding air-cooled, three-phase, small commercial package air conditioning and heating equipment with a cooling capacity of less than 65,000 Btu/h and air-cooled, three-phase, variable refrigerant flow multi-split air conditioners and heat pumps with less than 65,000 Btu/h cooling capacity), and commercial refrigerators, freezers, and refrigerator-freezers Criteria an AEDM must satisfy. (i) The AEDM is derived from a mathematical model that estimates the energy efficiency or energy consumption characteristics of the basic model as measured by the applicable DOE test procedure; (ii) The AEDM is based on engineering or statistical analysis, computer simulation or modeling, or other analytic evaluation of performance data; and (iii) The manufacturer has validated the AEDM, in accordance with paragraph (c)(2) of this section with basic models that meet the current Federal energy conservation standards. (2) Validation of an AEDM. (i) The manufacturer must select at least the minimum number of basic models for each validation class specified in paragraph (c)(2)(iv) of this section to which the particular AEDM applies. Using the AEDM, calculate the energy use or efficiency for each of the selected basic models. (A) Except for variable refrigerant flow multi-split air conditioners and heat pumps (other than air-cooled with rated cooling capacity less than 65,000 btu/h) when certifying to standards in terms of IEER, test a single unit of each selected basic model in accordance with paragraph (c)(2)(iii) of this section. Compare the results from the single unit test and the AEDM energy use or efficiency output according to paragraph (c)(2)(ii) of this section. The manufacturer is responsible for ensuring the accuracy and reliability of the AEDM. (B) For variable refrigerant flow multi-split air conditioners and heat pumps (other than air-cooled with rated cooling capacity less than 65,000 btu/h) when certifying to standards in terms of IEER, the following provisions apply. ( 1 i.e., ( 2 i.e., ( 3 i.e., ( 4 (ii) Individual model tolerances. (B) For those covered products with an energy-consumption metric, the predicted energy consumption for each model, calculated by applying the AEDM, may not be more than five percent less than the energy consumption determined from the corresponding test of the model. (C) For all covered products, the predicted energy efficiency or consumption for each model calculated by applying the AEDM must meet or exceed the applicable federal energy conservation performance standard. (D) An AEDM that is validated based on test results obtained from one or more field tests (pursuant to § 431.86(c)) can only be used to certify the performance of basic models of commercial packaged boilers with a certified rated input greater than 5,000,000 Btu/h. (iii) Additional test unit requirements. (B) Test results used to validate the AEDM must meet or exceed current, applicable Federal standards as specified in part 431 of this chapter; and (C) Each test must have been performed in accordance with the DOE test procedure specified in parts 430 or 431 of this chapter or test procedure waiver for which compliance is required at the time the basic model is distributed in commerce. (iv) Validation classes. Table 1 to Paragraph (c)(2)(iv) Validation class Minimum number of distinct models that must be tested per AEDM (A) Commercial HVAC Validation Classes Air-Cooled, Split and Packaged ACs and HPs Greater than or Equal to 65,000 Btu/h Cooling Capacity and Less than 760,000 Btu/h Cooling Capacity 2 Basic Models. Water-Cooled, Split and Packaged ACs and HPs, All Cooling Capacities 2 Basic Models. Evaporatively-Cooled, Split and Packaged ACs and HPs, All Capacities 2 Basic Models. Water-Source HPs, All Capacities 2 Basic Models. Single Package Vertical ACs and HPs 2 Basic Models. Packaged Terminal ACs and HPs 2 Basic Models. Air-Cooled, Variable Refrigerant Flow ACs and HPs Greater than or Equal to 65,000 Btu/h Cooling Capacity 2 Basic Models. Water-Cooled, Variable Refrigerant Flow ACs and HPs 2 Basic Models. Computer Room Air Conditioners, Air Cooled 2 Basic Models. Computer Room Air Conditioners, Water-Cooled and Glycol-Cooled 2 Basic Models. Direct Expansion-Dedicated Outdoor Air Systems, Air-cooled or Air-source Heat Pump, Without Ventilation Energy Recovery Systems 2 Basic Models. Direct Expansion-Dedicated Outdoor Air Systems, Air-cooled or Air-source Heat Pump, With Ventilation Energy Recovery Systems 2 Basic Models. Direct Expansion-Dedicated Outdoor Air Systems, Water-cooled, Water-source Heat Pump, or Ground Source Closed-loop Heat Pump, Without Ventilation Energy Recovery Systems 2 Basic Models. Direct Expansion-Dedicated Outdoor Air Systems, Water-cooled, Water-source Heat Pump, or Ground Source Closed-loop Heat Pump, With Ventilation Energy Recovery Systems 2 Basic Models. (B) Commercial Water Heater Validation Classes Gas-fired Water Heaters and Hot Water Supply Boilers Less than 10 Gallons 2 Basic Models. Gas-fired Water Heaters and Hot Water Supply Boilers Greater than or Equal to 10 Gallons 2 Basic Models. Oil-fired Water Heaters and Hot Water Supply Boilers Less than 10 Gallons 2 Basic Models. Oil-fired Water Heaters and Hot Water Supply Boilers Greater than or Equal to 10 Gallons 2 Basic Models. Electric Water Heaters 2 Basic Models. Heat Pump Water Heaters 2 Basic Models. Unfired Hot Water Storage Tanks 2 Basic Models. (C) Commercial Packaged Boilers Validation Classes Gas-fired, Hot Water Only Commercial Packaged Boilers 2 Basic Models. Gas-fired, Steam Only Commercial Packaged Boilers 2 Basic Models. Gas-fired Hot Water/Steam Commercial Packaged Boilers 2 Basic Models. Oil-fired, Hot Water Only Commercial Packaged Boilers 2 Basic Models. Oil-fired, Steam Only Commercial Packaged Boilers 2 Basic Models. Oil-fired Hot Water/Steam Commercial Packaged Boilers 2 Basic Models. (D) Commercial Furnace Validation Classes Gas-fired Furnaces 2 Basic Models. Oil-fired Furnaces 2 Basic Models. (E) Commercial Refrigeration Equipment Validation Classes 1 Self-Contained Open Refrigerators 2 Basic Models. Self-Contained Open Freezers 2 Basic Models. Remote Condensing Open Refrigerators 2 Basic Models. Remote Condensing Open Freezers 2 Basic Models. Self-Contained Closed Refrigerators 2 Basic Models. Self-Contained Closed Freezers 2 Basic Models. Remote Condensing Closed Refrigerators 2 Basic Models. Remote Condensing Closed Freezers 2 Basic Models. 1 (3) AEDM records retention requirements. (i) The AEDM, including the mathematical model, the engineering or statistical analysis, and/or computer simulation or modeling that is the basis of the AEDM; (ii) Product information, complete test data, AEDM calculations, and the statistical comparisons from the units tested that were used to validate the AEDM pursuant to paragraph (c)(2) of this section; and (iii) Product information and AEDM calculations for each basic model to which the AEDM has been applied. (4) Additional AEDM requirements. (i) Conduct simulations before representatives of the Department to predict the performance of particular basic models of the product to which the AEDM was applied; (ii) Provide analyses of previous simulations conducted by the manufacturer; or (iii) Conduct certification testing of basic models selected by the Department. (5) AEDM verification testing. (i) Selection of units. (ii) Lab requirements. (iii) Manufacturer participation. (B) A manufacturer's representative may request to be on-site to witness the test set-up if: ( 1 ( 2 ( 3 (C) A DOE representative will be present for the test set-up in all cases where a manufacturer representative requests to be on-site for the test set-up. The manufacturer's representative cannot communicate with a lab representative outside of the DOE representative's presence. (D) If DOE has obtained through retail channels a unit for test that meets either of the conditions in paragraph (c)(5)(iii)(B) of this section, DOE will notify the manufacturer that the basic model was selected for testing and that the manufacturer may have a representative present for the test set-up. If the manufacturer does not respond within five calendar days of receipt of that notification, the manufacturer waives the option to be present for test set-up, and DOE will proceed with the test set-up without a manufacturer's representative present. (E) If DOE has obtained directly from the manufacturer a unit for test that meets either of the conditions in paragraph (c)(5)(iii)(B) of this section, DOE will notify the manufacturer of the option to be present for the test set-up at the time the unit is purchased. DOE will specify the date (not less than five calendar days) by which the manufacturer must notify DOE whether a manufacturer's representative will be present. If the manufacturer does not notify DOE by the date specified, the manufacturer waives the option to be present for the test set-up, and DOE will proceed with the test set-up without a manufacturer's representative present. (F) DOE will review the certification submissions from the manufacturer that were on file as of the date DOE purchased a basic model (under paragraph (c)(5)(iii)(D) of this section) or the date DOE notifies the manufacturer that the basic model has been selected for testing (under paragraph (c)(5)(iii)(E) of this section) to determine if the manufacturer has indicated that it intends to witness the test set-up of the selected basic model. DOE will also verify that the manufacturer has not exceeded the allowable limit of witness testing selections as specified in paragraph (c)(5)(iii)(B)( 2 2 2 (G) If DOE determines, pursuant to paragraph (c)(5)(ii) of this section, that the model should be tested at the manufacturer's facility, a DOE representative will be present on site to observe the test set-up and testing with the manufacturer's representative. All testing will be conducted at DOE's direction, which may include DOE-contracted personnel from a third-party lab, as well as the manufacturer's technicians. (H) As further explained in paragraph (c)(5)(v)(B) of this section, if a manufacturer's representative is present for the initial test set-up for any reason, the manufacturer forfeits any opportunity to request a retest of the basic model. Furthermore, if the manufacturer requests to be on-site for test set-up pursuant to paragraph (c)(5)(iii)(B) of this section but is not present on site, the manufacturer forfeits any opportunity to request a retest of the basic model. (iv) Testing. (A) Any active test procedure waivers that have been granted for the basic model; (B) Any test procedure guidance that has been issued by DOE; (C) The installation and operations manual that is shipped with the unit; (D) Any additional information that was provided by the manufacturer at the time of certification (prior to DOE obtaining the unit for test); and (E) If during test set-up or testing, the lab indicates to DOE that it needs additional information regarding a given basic model in order to test in accordance with the applicable DOE test procedure, DOE may organize a meeting between DOE, the manufacturer and the lab to provide such information. (v) Failure to meet certified rating. (A) Present all claims regarding testing validity; and (B) If the manufacturer was not on site for the initial test set-up, request a retest of the previously tested unit with manufacturer and DOE representatives on-site for the test set-up. DOE will not conduct the retest using a different unit of the same basic model unless DOE and the manufacturer determine it is necessary based on the test results, claims presented, and DOE regulations. (vi) Tolerances. (B) For efficiency metrics, the result from a DOE verification test must be greater than or equal to the certified rating × (1 − the applicable tolerance). Table 2 to Paragraph ( c vi Equipment Metric Applicable Commercial Packaged Boilers Combustion Efficiency 5% (0.05) Commercial Water Heaters or Hot Water Supply Boilers Standby Loss 10% (0.1) Unfired Storage Tanks R-Value 10% (0.1) Air-Cooled, Split and Packaged ACs and HPs Greater Than or Equal to 65,000 Btu/h Cooling Capacity and Less Than 760,000 Btu/h Cooling Capacity Energy Efficiency Ratio 5% (0.05) Water-Cooled, Split and Packaged ACs, All Cooling Capacities Energy Efficiency Ratio 5% (0.05) Evaporatively-Cooled, Split and Packaged ACs, All Capacities Energy Efficiency Ratio 5% (0.05) Water-Source HPs, All Capacities Energy Efficiency Ratio 5% (0.05) Single Package Vertical ACs and HPs Energy Efficiency Ratio 5% (0.05) Packaged Terminal ACs and HPs Energy Efficiency Ratio 5% (0.05) Variable Refrigerant Flow ACs and HPs (Excluding Air-Cooled, Three-phase with Less Than 65,000 Btu/h Cooling Capacity) Energy Efficiency Ratio 5% (0.05) Computer Room Air Conditioners Sensible Coefficient of Performance 5% (0.05) Direct Expansion-Dedicated Outdoor Air Systems Integrated Seasonal Coefficient of Performance 2 10% (0.1) Commercial Warm-Air Furnaces Thermal Efficiency 5% (0.05) Commercial Refrigeration Equipment Daily Energy Consumption 5% (0.05) (vii) Invalid rating. (A) Re-rate and re-certify the model based on DOE's test data alone; or (B) Discontinue the model through the certification process; or (C) Conduct additional testing and re-rate and re-certify the basic model based on all test data collected, including DOE's test data. (viii) AEDM use. Table 3 to Paragraph (c)(5)(viii)(A) Number of invalid certified ratings from the same AEDM 2 3 Required manufacturer actions 2 Submit different test data and reports from testing to validate that AEDM within the validation classes to which it is applied. 1 4 Conduct double the minimum number of validation tests for the validation classes to which the AEDM is applied. Note, the tests required under this paragraph (c)(5)(viii) must be performed on different models than the original tests required under paragraph (c)(2) of this section. 6 Conduct the minimum number of validation tests for the validation classes to which the AEDM is applied at a third-part test facility; And 1 2 Note, the tests required under this paragraph (c)(5)(viii) must be performed on different models than the original tests performed under paragraph (c)(2) of this section. > = 8 Manufacturer has lost privilege to use AEDM. All ratings for models within the validation classes to which the AEDM applied should be rated via testing. Distribution cannot continue until certification(s) are corrected to reflect actual test data. 1 2 3 (B) If, as a result of eight or more invalid ratings, a manufacturer has lost the privilege of using an AEDM for rating, the manufacturer may regain the ability to use an AEDM by: ( 1 ( 2 ( 3 ( 4 (d) Alternative efficiency determination method for distribution transformers. (1) Criteria an AEDM must satisfy. (ii) The AEDM is based on engineering and statistical analysis, computer simulation or modeling, or other analytic evaluation of performance data; and (iii) The manufacturer has substantiated the AEDM, in accordance with paragraph (d)(2) of this section, by applying it to, and testing, at least five other basic models of the same type, i.e., (2) Substantiation of an AEDM. (i) Apply the AEDM to at least five of the manufacturer's basic models that have been selected for testing in accordance with paragraph (d)(3) of this section, and calculate the power loss for each of these basic models; (ii) Test at least five units of each of these basic models in accordance with the applicable test procedure and § 429.47, and determine the power loss for each of these basic models; (iii) The predicted total power loss for each of these basic models, calculated by applying the AEDM pursuant to paragraph (d)(2)(i) of this section, must be within plus or minus five percent of the mean total power loss determined from the testing of that basic model pursuant to paragraph (d)(2)(ii) of this section; and (iv) Calculate for each of these basic models the percentage that its power loss calculated pursuant to paragraph (d)(2)(i) of this section is of its power loss determined from testing pursuant to paragraph (d)(2)(ii) of this section, compute the average of these percentages, and that calculated average power loss, expressed as a percentage of the average power loss determined from testing, must be no less than 97 percent and no greater than 103 percent. (3) Additional testing requirements. (A) Two of the basic models must be among the five basic models with the highest unit volumes of production by the manufacturer in the prior year, or during the prior 12-calendar-month period beginning in 2003, 1 1 (B) No two basic models should have the same combination of power and voltage ratings; and (C) At least one basic model should be single-phase and at least one should be three-phase. (ii) In any instance where it is impossible for a manufacturer to select basic models for testing in accordance with all of these criteria, the criteria shall be given priority in the order in which they are listed. Within the limits imposed by the criteria, basic models shall be selected randomly. (4) Subsequent verification of an AEDM. (A) The method or methods used; (B) The mathematical model, the engineering or statistical analysis, computer simulation or modeling, and other analytic evaluation of performance data on which the AEDM is based; (C) Complete test data, product information, and related information that the manufacturer has generated or acquired pursuant to paragraph (d)(4) of this section; and (D) The calculations used to determine the efficiency and total power losses of each basic model to which the AEDM was applied. (ii) If requested by the Department, the manufacturer must perform at least one of the following: (A) Conduct simulations to predict the performance of particular basic models of distribution transformers specified by the Department; (B) Provide analyses of previous simulations conducted by the manufacturer; (C) Conduct sample testing of basic models selected by the Department; or (D) Conduct a combination of these. (e) Alternate Efficiency Determination Method (AEDM) for central air conditioners and heat pumps. (1) Criteria an AEDM must satisfy. W,OFF (i) The AEDM is derived from a mathematical model that estimates the energy efficiency or energy consumption characteristics of the individual model or combination (EER2, SEER2, HSPF2, EER, SCORE, SHORE and/or P W,OFF (ii) The manufacturer has validated the AEDM in accordance with paragraph (e)(2) of this section. (2) Validation of an AEDM. (i) Follow paragraph (e)(2)(i)(A) of this section for requirements on minimum testing. Follow paragraph (e)(2)(i)(B) of this section for requirements on ensuring the accuracy and reliability of the AEDM. (A) Minimum testing. (B) Using the AEDM, calculate the energy use or efficiency for each of the tested individual models/combinations within each basic model. Compare the represented value based on testing and the AEDM energy use or efficiency output according to paragraph (e)(2)(ii) of this section. The manufacturer is responsible for ensuring the accuracy and reliability of the AEDM and that their representations are appropriate and the models being distributed in commerce meet the applicable standards, regardless of the amount of testing required in paragraphs (e)(2)(i)(A) and (e)(2)(i)(B) of this section. (ii) Individual model/combination tolerances. (A) The predicted represented values for each individual model/combination calculated by applying the AEDM may not be more than four percent greater (for measures of efficiency) or less (for measures of consumption) than the values determined from the corresponding test of the individual model/combination. (B) The predicted energy efficiency or consumption for each individual model/combination calculated by applying the AEDM must meet or exceed the applicable federal energy conservation standard. (iii) Additional test unit requirements. (B) Test results used to validate the AEDM must meet or exceed current, applicable Federal standards as specified in part 430 of this chapter; and (C) Each test must have been performed in accordance with the applicable DOE test procedure with which compliance is required at the time the individual models/combinations used for validation are distributed in commerce. (3) AEDM records retention requirements. (i) The AEDM, including the mathematical model, the engineering or statistical analysis, and/or computer simulation or modeling that is the basis of the AEDM; (ii) Product information, complete test data, AEDM calculations, and the statistical comparisons from the units tested that were used to validate the AEDM pursuant to paragraph (e)(2) of this section; and (iii) Product information and AEDM calculations for each individual model/combination to which the AEDM has been applied. (4) Additional AEDM requirements. (i) Conduct simulations before representatives of the Department to predict the performance of particular individual models/combinations; (ii) Provide analyses of previous simulations conducted by the manufacturer; and/or (iii) Conduct certification testing of individual models or combinations selected by the Department. (5) AEDM verification testing. (i) Selection of units. (ii) Lab requirements. (iii) Testing. (iv) Failure to meet certified value. i.e., (v) Tolerances. (A) For consumption metrics, the result from a DOE verification test must be less than or equal to 1.05 multiplied by the certified represented value. (B) For efficiency metrics, the result from a DOE verification test must be greater than or equal to 0.95 multiplied by the certified represented value. (vi) Invalid represented value. (vii) AEDM use. (A) If DOE has determined that a manufacturer made invalid represented values on individual models/combinations within two or more basic models rated using the manufacturer's AEDM within a 24 month period, the manufacturer must test the least efficient and most efficient individual model/combination within each basic model in addition to the individual model/combination specified in § 429.16(b)(2). The twenty-four month period begins with a DOE determination that a represented value is invalid through the process outlined above. (B) If DOE has determined that a manufacturer made invalid represented values on more than four basic models rated using the manufacturer's AEDM within a 24-month period, the manufacturer may no longer use an AEDM. (C) If a manufacturer has lost the privilege of using an AEDM, the manufacturer may regain the ability to use an AEDM by: ( 1 ( 2 ( 3 ( 4 (f) Alternative efficiency determination method (AEDM) for walk-in refrigeration systems and doors Criteria an AEDM must satisfy. (i) The AEDM is derived from a mathematical model that estimates the energy efficiency or energy consumption characteristics of the basic model as measured by the applicable DOE test procedure; (ii) The AEDM is based on engineering or statistical analysis, computer simulation or modeling, or other analytical evaluation of performance data; and (iii) The manufacturer has validated the AEDM, in accordance with paragraph (f)(2) of this section. (2) Validation of an AEDM. (i) The manufacturer must select at least the minimum number of basic models for each validation class specified in paragraph (f)(2)(iv) of this section to which the particular AEDM applies. Test a single unit of each basic model in accordance with paragraph (f)(2)(iii) of this section. Using the AEDM, calculate the energy use or energy efficiency for each of the selected basic models. Compare the results from the single unit test and the AEDM output according to paragraph (f)(2)(ii) of this section. The manufacturer is responsible for ensuring the accuracy and repeatability of the AEDM. (ii) Individual model tolerances. (A) For refrigeration systems, which are subject to an energy efficiency metric, the predicted efficiency for each model calculated by applying the AEDM may not be more than five percent greater than the efficiency determined from the corresponding test of the model. (B) For doors, which are subject to an energy consumption metric the predicted daily energy consumption for each model calculated by applying the AEDM may not be more than five percent less than the daily energy consumption determined from the corresponding test of the model. (C) The predicted energy efficiency or energy consumption for each model calculated by applying the AEDM must meet or exceed the applicable federal energy conservation standard. (iii) Additional test unit requirements. (B) Test results used to validate the AEDM must meet or exceed current, applicable Federal standards as specified in part 431 of this chapter; (C) Each test must have been performed in accordance with the applicable DOE test procedure with which compliance is required at the time the basic model is distributed in commerce; and (D) For rating WICF refrigeration system components, an AEDM may not simulate or model portions of the system that are not required to be tested by the DOE test procedure. That is, if the test results used to validate the AEDM are for either a unit cooler only or a condensing unit only, the AEDM must estimate the system rating using the nominal values specified in the DOE test procedure for the other part of the refrigeration system. (E) For rating doors, an AEDM may not simulate or model components of the door that are not required to be tested by the DOE test procedure. That is, if the test results used to validate the AEDM are for the U-factor test of the door, the AEDM must estimate the daily energy consumption, specifically the conduction thermal load, and the direct and indirect electrical energy consumption, using the nominal values and calculation procedure specified in the DOE test procedure. (iv) WICF validation classes Doors. Table 4 to Paragraph (f)(2)(iv)(A) Validation class Minimum number of distinct models that must be tested Display Doors, Medium Temperature 2 Basic Models. Display Doors, Low Temperature 2 Basic Models. Non-display Doors, Medium Temperature 2 Basic Models. Non-display Doors, Low Temperature 2 Basic Models. (B) Refrigeration systems. 1 Table 5 to Paragraph (f)(2)(iv)(B) 1 Validation class Minimum number of distinct models that must be tested Dedicated Condensing, Medium Temperature, Matched Pair Indoor System 2 Basic Models. Dedicated Condensing, Medium Temperature, Matched Pair Outdoor System 1 2 Basic Models. Dedicated Condensing, Low Temperature, Matched Pair Indoor System 2 Basic Models. Dedicated Condensing, Low Temperature, Matched Pair Outdoor System 1 2 Basic Models. Unit Cooler, High-temperature 2 Basic Models. Unit Cooler, Medium Temperature 2 Basic Models. Unit Cooler, Low Temperature 2 Basic Models. Medium Temperature, Indoor Condensing Unit 2 Basic Models. Medium Temperature, Outdoor Condensing Unit 1 2 Basic Models. Low Temperature, Indoor Condensing Unit 2 Basic Models. Low Temperature, Outdoor Condensing Unit 1 2 Basic Models. 1 ( 2 Table 6 to Paragraph (f)(2)(iv)(B) 2 Validation class Minimum number of distinct models that must be tested Dedicated Condensing Unit, Medium Temperature, Indoor System 2 Basic Models. Dedicated Condensing Unit, Medium Temperature, Outdoor System 1 2 Basic Models. Dedicated Condensing Unit, Low Temperature, Indoor System 2 Basic Models. Dedicated Condensing Unit, Low Temperature, Outdoor System 1 2 Basic Models. Single-packaged Dedicated Condensing, High-temperature, Indoor System 2 Basic Models. Single-packaged Dedicated Condensing, High-temperature, Outdoor System 1 2 Basic Models. Single-packaged Dedicated Condensing, Medium Temperature, Indoor System 2 Basic Models. Single-packaged Dedicated Condensing, Medium Temperature, Outdoor System 1 2 Basic Models. Single-packaged Dedicated Condensing, Low Temperature, Indoor System 2 Basic Models. Single-packaged Dedicated Condensing, Low Temperature, Indoor System 1 2 Basic Models. Matched Pair, High-temperature, Indoor Condensing Unit 2 Basic Models. Matched Pair, High-temperature, Outdoor Condensing Unit 1 2 Basic Models. Matched Pair, Medium Temperature, Indoor Condensing Unit 2 Basic Models. Matched Pair, Medium Temperature, Outdoor Condensing Unit 1 2 Basic Models. Matched Pair, Low Temperature, Indoor Condensing Unit 2 Basic Models. Matched Pair, Low Temperature, Outdoor Condensing Unit 1 2 Basic Models. Unit Cooler, High-temperature 2 Basic Models. Unit Cooler, Medium Temperature 2 Basic Models. Unit Cooler, Low Temperature 2 Basic Models. 1 (3) AEDM records retention requirements. (i) The AEDM, including the mathematical model, the engineering or statistical analysis, and/or computer simulation or modeling that is the basis of the AEDM; (ii) Equipment information, complete test data, AEDM calculations, and the statistical comparisons from the units tested that were used to validate the AEDM pursuant to paragraph (f)(2) of this section; and (iii) Equipment information and AEDM calculations for each basic model to which the AEDM has been applied. (4) Additional AEDM requirements. (i) Conduct simulations before representatives of the Department to predict the performance of particular basic models of the product to which the AEDM was applied; (ii) Provide analyses of previous simulations conducted by the manufacturer; or (iii) Conduct certification testing of basic models selected by the Department. (5) AEDM verification testing. (i) Selection of units. (ii) Lab requirements. (iii) Manufacturer participation. (iv) Testing. (A) Any active test procedure waivers that have been granted for the basic model; (B) Any test procedure guidance that has been issued by DOE; (C) If during test set-up or testing, the lab indicates to DOE that it needs additional information regarding a given basic model in order to test in accordance with the applicable DOE test procedure, DOE may organize a meeting between DOE, the manufacturer and the lab to provide such information. (D) At no time during the process may the lab communicate directly with the manufacturer without DOE present. (v) Failure to meet certified rating. (vi) Tolerances. Table 7 to Paragraph (f)(5)(vi) Equipment Metric Applicable Refrigeration systems (including components) AWEF/AWEF2 5 Doors Daily Energy Consumption 5 (vii) Invalid rating. (g) Alternative determination of ratings for untested basic models of residential water heaters and residential-duty commercial water heaters. (1) Gas Water Heaters. (2) Electric Storage Water Heaters. (i) For an untested basic model, the represented value of the first-hour rating or maximum GPM and the uniform energy factor is the same as that of a tested basic model, provided that each heating element of the untested basic model is rated at or above the input rating for the corresponding heating element of the tested basic model. (ii) For an untested basic model having any heating element with an input rating that is lower than that of the corresponding heating element in the tested basic model, the represented value of the first-hour rating or maximum GPM and the uniform energy factor is the same as that of a tested basic model, provided that the first-hour rating for the untested basic model results in the same draw pattern specified in Table I of appendix E for the simulated-use test as was applied to the tested basic model. To establish whether this condition is met, determine the first-hour ratings or maximum GPMs for the tested and the untested basic models in accordance with the procedure described in section 5.3 of 10 CFR part 430, subpart B, appendix E, then compare the appropriate draw pattern specified in Table I of appendix E for the first-hour rating of the tested basic model with that for the untested basic model. If this condition is not met, then the untested basic model must be tested, and the appropriate sampling provisions must be applied to determine its uniform energy factor in accordance with appendix E and this part. (3) Electric Instantaneous Water Heaters. (i) For an untested basic model, the represented value of the first-hour rating or maximum GPM and the uniform energy factor is the same as that of a tested basic model, provided that the untested basic model's input is rated at or above the input rating for the corresponding tested basic model. (ii) For an untested basic model having an input rating that is lower than that of the corresponding tested basic model, the represented value of the first-hour rating or maximum GPM and the uniform energy factor is the same as that of a tested basic model, provided that the first-hour rating or maximum GPM for the untested basic model results in the same draw pattern specified in Table II of appendix E for the 24-hour simulated-use test as was applied to the tested basic model. To establish whether this condition is met, determine the first-hour rating or maximum GPM for the tested and the untested basic models in accordance with the procedure described in section 5.3 of 10 CFR part 430, subpart B, appendix E, then compare the appropriate draw pattern specified in Table II of appendix E for the first-hour rating or maximum GPM of the tested basic model with that for the untested basic model. If this condition is not met, then the untested basic model must be tested, and the appropriate sampling provisions must be applied to determine its uniform energy factor in accordance with appendix E and this part. (h) Alternative efficiency determination method (AEDM) for compressors Criteria an AEDM must satisfy. (i) The AEDM is derived from a mathematical model that estimates the energy efficiency or energy consumption characteristics of the basic model as measured by the applicable DOE test procedure; (ii) The AEDM is based on engineering or statistical analysis, computer simulation or modeling, or other analytic evaluation of performance data; and (iii) The manufacturer has validated the AEDM, in accordance with paragraph (h)(2) of this section. (2) Validation of an AEDM. (i) AEDM overview. (ii) AEDM basic model tolerances. (B) The predicted package isentropic efficiency for each basic model calculated by applying the AEDM must meet or exceed the applicable federal energy conservation standard. (iii) Additional test unit requirements. (B) Test results used to validate the AEDM must meet or exceed current, applicable Federal standards as specified in part 431 of this chapter; and (C) Each test must have been performed in accordance with the applicable DOE test procedure with which compliance is required at the time the basic models used for validation are distributed in commerce. (iv) Compressor validation classes. Table 8 to Paragraph (h)(2)(iv) Validation class Minimum number of distinct basic models that must be tested Rotary, Fixed-speed 2 Basic Models. Rotary, Variable-speed 2 Basic Models. (3) AEDM Records Retention Requirements. (i) The AEDM, including the mathematical model, the engineering or statistical analysis, and/or computer simulation or modeling that is the basis of the AEDM; (ii) Equipment information, complete test data, AEDM calculations, and the statistical comparisons from the units tested that were used to validate the AEDM pursuant to paragraph (h)(2) of this section; and (iii) Equipment information and AEDM calculations for each basic model to which the AEDM was applied. (4) Additional AEDM requirements. (i) Conduct simulations before representatives of the Department to predict the performance of particular basic models of the equipment to which the AEDM was applied; (ii) Provide analyses of previous simulations conducted by the manufacturer; and/or (iii) Conduct certification testing of basic models selected by the Department. (i) Alternative determination of standby mode and off mode power consumption for untested basic models of consumer furnaces and consumer boilers. (1) Consumer furnaces. (2) Consumer boilers. (j) Alternative efficiency determination method (AEDM) for electric motors subject to requirements in subpart B of part 431 of this subchapter Criteria an AEDM must satisfy. (i) The AEDM is derived from a mathematical model that estimates the energy efficiency characteristics and losses of the basic model as measured by the applicable DOE test procedure and accurately represents the mechanical and electrical characteristics of that basic model; and (ii) The AEDM is based on engineering or statistical analysis, computer simulation or modeling, or other analytic evaluation of actual performance data. (iii) The manufacturer has validated the AEDM in accordance with paragraph (i)(2) of this section with basic models that meet the current Federal energy conservation standards (if any). (2) Validation of an AEDM. (i) Select basic models. (A) Two of the basic models must be among the five basic models with the highest unit volumes of production by the manufacturer in the prior 5 years; (B) No two basic models may have the same horsepower rating; (C) No two basic models may have the same frame number series; and (D) Each basic model must have the lowest nominal full-load efficiency among the basic models within the same equipment class. (ii) Apply the AEDM to the selected basic models. (iii) Test at least five units of each of the selected basic models in accordance with § 431.16 of this subchapter. (iv) Compare. i.e., (3) Verification of an AEDM. (A) Subject at least one unit for each basic model to test in accordance with § 431.16 of this subchapter by an accredited laboratory that meets the requirements of § 429.65(f). If one unit per basic model is selected, the simulated full-load losses for each basic model must be greater than or equal to 90 percent of the measured full-load losses ( i.e., i.e., (B) Have a certification body recognized under § 429.73 certify the results of the AEDM as accurately representing the basic model's average full-load efficiency. The simulated full-load efficiency for each basic model must be greater than or equal to 90 percent of the certified full-load losses ( i.e., (ii) Each manufacturer that has used an AEDM under this section must have available for inspection by the Department of Energy records showing: (A) The method or methods used to develop the AEDM; (B) The mathematical model, the engineering or statistical analysis, computer simulation or modeling, and other analytic evaluation of performance data on which the AEDM is based; (C) Complete test data, product information, and related information that the manufacturer has generated or acquired pursuant to paragraphs (i)(2) and (3) of this section; and (D) The calculations used to determine the simulated full-load efficiency of each basic model to which the AEDM was applied. (iii) If requested by the Department, the manufacturer must: (A) Conduct simulations to predict the performance of particular basic models of electric motors specified by the Department; (B) Provide analyses of previous simulations conducted by the manufacturer; and/or (C) Conduct testing of basic models selected by the Department. (k) Alternative efficiency determination method (AEDM) for dedicated-purpose pool pump motors subject to requirements in subpart Z of part 431 of this subchapter Criteria an AEDM must satisfy. (i) The AEDM is derived from a mathematical model that estimates the energy efficiency characteristics and losses of the basic model as measured by the applicable DOE test procedure and accurately represents the mechanical and electrical characteristics of that basic model; (ii) The AEDM is based on engineering or statistical analysis, computer simulation or modeling, or other analytic evaluation of actual performance data; and (iii) The manufacturer has validated the AEDM in accordance with paragraph (i)(2) of this section with basic models that meet the current Federal energy conservation standards (if any). (2) Validation of an AEDM. (i) Select basic models. (A) Two of the basic models must be among the five basic models with the highest unit volumes of production by the manufacturer in the prior 5 years. (B) No two basic models may have the same total horsepower rating; (C) No two basic models may have the same speed configuration; and (D) Each basic model must have the lowest full-load efficiency among the basic models within the same equipment class. (ii) Apply the AEDM (iii) Test at least five units of each of the selected basic models in accordance with § 431.483 of this subchapter. (iv) Compare. i.e., (3) Verification of an AEDM. (A) Subject at least one unit to testing in accordance with § 431.483 of this subchapter by an accredited laboratory that meets the requirements of § 429.65(d). If one unit per basic model is selected, the simulated full-load losses for each basic model must be greater than or equal to 90 percent of the measured full-load losses ( i.e., i.e., (B) Have a certification body recognized under § 429.73 certify the results of the AEDM accurately represent the basic model's full-load efficiency. The simulated full-load efficiency for each basic model must be greater than or equal to 90 percent of the certified full-load losses ( i.e., (ii) Each manufacturer that has used an AEDM under this section must have available for inspection by the Department of Energy records showing: (A) The method or methods used to develop the AEDM; (B) The mathematical model, the engineering or statistical analysis, computer simulation or modeling, and other analytic evaluation of performance data on which the AEDM is based; (C) Complete test data, product information, and related information that the manufacturer has generated or acquired pursuant to paragraphs (i)(2) and (3) of this section; and (D) The calculations used to determine the simulated full-load efficiency of each basic model to which the AEDM was applied. (iii) If requested by the Department, the manufacturer must: (A) Conduct simulations to predict the performance of particular basic models of dedicated-purpose pool pump motors specified by the Department; (B) Provide analyses of previous simulations conducted by the manufacturer; (C) Conduct testing of basic models selected by the Department; or (D) A combination of the foregoing. (l) Alternate Efficiency Determination Method (AEDM) for air-cooled, three-phase, small commercial package air conditioning and heating equipment with a cooling capacity of less than 65,000 Btu/h and air-cooled, three-phase, variable refrigerant flow multi-split air conditioners and heat pumps with less than 65,000 Btu/h cooling capacity Applicability. (ii) For air-cooled, three-phase, small commercial package air conditioning and heating equipment with a cooling capacity of less than 65,000 Btu/h and air-cooled, three-phase, variable refrigerant flow multi-split air conditioners and heat pumps with a cooling capacity of less than 65,000 Btu/h subject to standards in terms of seasonal energy efficiency ratio 2 (SEER2) and heating seasonal performance factor 2 (HSPF2) metrics, representations with respect to the energy use or efficiency, including compliance certifications, are subject to the requirements in this section. If manufacturers choose to certify compliance with any standards in terms of SEER2 and HSPF2 prior to the applicable compliance date for those standards, the requirements of this section must be followed. (2) Criteria an AEDM must satisfy. (i) The AEDM is derived from a mathematical model that estimates the energy efficiency or energy consumption characteristics of the individual model or combination (SEER2 and HSPF2, as applicable) as measured by the applicable DOE test procedure; and (ii) The manufacturer has validated the AEDM in accordance with paragraph (i)(3) of this section. (3) Validation of an AEDM. (i) Minimum testing. (ii) Individual model/combination tolerances. (A) The predicted represented values for each individual model/combination calculated by applying the AEDM may not be more than four percent greater (for measures of efficiency) or less (for measures of consumption) than the values determined from the corresponding test of the individual model/combination. (B) The predicted energy efficiency or consumption for each individual model/combination calculated by applying the AEDM must meet or exceed the applicable federal energy conservation standard. (iii) Additional test unit requirements. (B) Test results used to validate the AEDM must meet or exceed current, applicable Federal standards as specified in part 431 of this chapter; and (C) Each test must have been performed in accordance with the applicable DOE test procedure with which compliance is required at the time the individual models/combinations used for validation are distributed in commerce. (4) AEDM records retention requirements. (i) The AEDM, including the mathematical model, the engineering or statistical analysis, and/or computer simulation or modeling that is the basis of the AEDM; (ii) Product information, complete test data, AEDM calculations, and the statistical comparisons from the units tested that were used to validate the AEDM pursuant to paragraph (i)(3) of this section; and (iii) Product information and AEDM calculations for each individual model/combination to which the AEDM has been applied. (5) Additional AEDM requirements. (i) Conduct simulations before representatives of the Department to predict the performance of particular individual models/combinations; (ii) Provide analyses of previous simulations conducted by the manufacturer; and/or (iii) Conduct certification testing of individual models or combinations selected by the Department. (6) AEDM verification testing. (i) Selection of units. (ii) Lab requirements. (iii) Testing. (iv) Failure to meet certified value. i.e., (v) Tolerances. (A) For consumption metrics, the result from a DOE verification test must be less than or equal to 1.05 multiplied by the certified represented value. (B) For efficiency metrics, the result from a DOE verification test must be greater than or equal to 0.95 multiplied by the certified represented value. (vi) Invalid represented value. (vii) AEDM use. (A) If DOE has determined that a manufacturer made invalid represented values on individual models/combinations within two or more basic models rated using the manufacturer's AEDM within a 24-month period, the manufacturer must test the least efficient and most efficient individual model/combination within each basic model in addition to the individual model/combination specified in § 429.16(b)(2). The 24-month period begins with a DOE determination that a represented value is invalid through the process outlined in paragraphs (i)(6)(i) through (vi) of this section. (B) If DOE has determined that a manufacturer made invalid represented values on more than four basic models rated using the manufacturer's AEDM within a 24-month period, the manufacturer may no longer use an AEDM. (C) If a manufacturer has lost the privilege of using an AEDM, the manufacturer may regain the ability to use an AEDM by: ( 1 ( 2 ( 3 ( 4 (m) Alternative efficiency determination method (AEDM) for general pumps Criteria an AEDM must satisfy. (i) The AEDM is derived from a mathematical model that estimates the energy efficiency or energy consumption characteristics of the basic model as measured by the applicable DOE test procedure; (ii) The AEDM is based on engineering or statistical analysis, computer simulation or modeling, or other analytic evaluation of performance data; and (iii) The manufacturer has validated the AEDM, in accordance with paragraph (m)(2) of this section. (2) Validation of an AEDM. (i) AEDM overview. (ii) AEDM basic model tolerances. (B) The predicted constant or variable load pump energy index for each basic model calculated by applying the AEDM must meet or exceed the applicable federal energy conservation standard. (iii) Additional test unit requirements. (B) Test results used to validate the AEDM must meet or exceed current, applicable Federal standards as specified in part 431 of this chapter; and (C) Each test must have been performed in accordance with the applicable DOE test procedure with which compliance is required at the time the basic models used for validation are distributed in commerce. (iv) Pump validation classes. Validation class Minimum number of distinct basic models that must be tested (A) Constant Load End-suction Closed-Coupled Pumps and Constant Load End-suction Frame-Mounted Pumps 2 Basic Models. (B) Variable Load End-suction Closed-Coupled Pumps and Variable Load End-suction Frame-Mounted Pumps 2 Basic Models. (C) Constant Load Inline Pumps and Constant Load Small Vertical Inline Pumps 2 Basic Models. (D) Variable Load Inline Pumps and Variable Load Small Vertical Inline Pumps 2 Basic Models. (E) Constant Load Radially-Split Multi-Stage Vertical Pumps and Constant Load Radially-Split Multi-Stage Horizonal Pumps 2 Basic Models. (F) Variable Load Radially-Split Multi-Stage Vertical Pumps and Variable Load Radially-Split Multi-Stage Horizontal Pumps 2 Basic Models. (G) Constant Load Submersible Turbine Pumps and Constant Load Vertical Turbine Pumps 2 Basic Models. (H) Variable Load Submersible Turbine Pumps and Variable Load Vertical Turbine Pumps 2 Basic Models. (3) AEDM records retention requirements. (i) The AEDM, including the mathematical model, the engineering or statistical analysis, and/or computer simulation or modeling that is the basis of the AEDM; (ii) Regarding the units tested that were used to validate the AEDM pursuant to paragraph (m)(2) of this section, equipment information, complete test data, AEDM calculations, and the statistical comparisons; and (iii) For each basic model to which the AEDM was applied, equipment information and AEDM calculations. (4) Additional AEDM requirements. (i) Conduct simulations before representatives of the Department to predict the performance of particular basic models of the equipment to which the AEDM was applied; (ii) Provide analyses of previous simulations conducted by the manufacturer; and/or (iii) Conduct certification testing of basic models selected by the Department. (5) AEDM verification testing. (i) Selection of units. (ii) Lab requirements. (iii) Manufacturer participation. (iv) Testing. (A) Any active test procedure waivers that have been granted for the basic model; (B) Any test procedure guidance that has been issued by DOE; (C) If during test set-up or testing, the lab indicates to DOE that it needs additional information regarding a given basic model in order to test in accordance with the applicable DOE test procedure, DOE may organize a meeting between DOE, the manufacturer and the lab to provide such information. (D) At no time during the process may the lab communicate directly with the manufacturer without DOE present. (v) Failure to meet certified rating. (vi) Tolerances. Table 9 to Paragraph ( m vi Equipment Metric Applicable General Pumps Constant or Variable Load Pump Energy Index 5 (vii) Invalid rating. (viii) AEDM use. (A) If DOE has determined that a manufacturer made invalid ratings on two or more models rated using the same AEDM within a 24-month period, the manufacturer must take the action listed in the table corresponding to the number of invalid certified ratings. The twenty-four month period begins with a DOE determination that a rating is invalid through the process outlined previously. Additional invalid ratings apply for the purposes of determining the appropriate consequences if the subsequent determination(s) is based on selection of a unit for testing within the twenty-four-month period ( i.e., Table 10 to Paragraph ( m viii Number of invalid certified ratings from the same AEDM 1 2 Required manufacturer actions 2 Submit different test data and reports from testing to validate that AEDM within the validation classes to which it is applied. 3 4 Conduct double the minimum number of validation tests for the validation classes to which the AEDM is applied. Note, the tests required under this paragraph (m)(5)(viii) must be performed on different models than the original tests required under paragraph (m)(2) of this section. 6 Conduct the minimum number of validation tests for the validation classes to which the AEDM is applied at a third-party test facility; And Conduct additional testing, which is equal to 1 2 Note, the tests required under this paragraph (m)(5)(viii) must be performed on different models than the original tests performed under paragraph (m)(2) of this section. > = 8 Manufacturer has lost privilege to use AEDM. All ratings for models within the validation classes to which the AEDM applied should be rated via testing. Distribution cannot continue until certification(s) are corrected to reflect actual test data. 1 2 3 (B) If, as a result of eight or more invalid ratings, a manufacturer has lost the privilege of using an AEDM for rating, the manufacturer may regain the ability to use an AEDM by: ( 1 ( 2 ( 3 ( 4 (n) Alternative efficiency determination method (AEDM) for fans and blowers. Criteria an AEDM must satisfy. (i) The AEDM is derived from a mathematical model that estimates the energy use characteristics of the basic model as measured by the applicable DOE test procedure and accurately represents the performance characteristics of that basic model; (ii) The AEDM is based on engineering or statistical analysis, computer simulation or modeling, or other analytic evaluation of actual performance data; and (iii) The manufacturer has validated the AEDM in accordance with paragraph (n)(2) of this section. (2) Validation of an AEDM. (i) Select basic models. (ii) Apply the AEDM (iii) Testing. (iv) Compare. (v) Additional AEDM requirements. e.g., (3) Verification of an AEDM Periodic review (ii) Inspection records. (A) The method or methods used to develop the AEDM; (B) The mathematical model, the engineering or statistical analysis, computer simulation or modeling, and other analytic evaluation of performance data on which the AEDM is based; (C) Complete test data, equipment information, and related information that the manufacturer has generated or acquired pursuant to paragraphs (n)(2) and (3) of this section; and (D) The calculations used to determine the simulated FEI or simulated weighted-average FEI, as applicable, of each basic model to which the AEDM was applied. (iii) Simulations. (A) Conduct simulations to predict the performance of particular basic models of electric motors specified by the Department; (B) Provide analyses of previous simulations conducted by the manufacturer; and/or (C) Conduct testing of basic models selected by the Department. [76 FR 12451, Mar. 7, 2011; 76 FR 24780, May 2, 2011, as amended at 78 FR 79595, Dec. 31, 2013; 79 FR 25505, May 5, 2014; 79 FR 27410, May 13, 2014; 80 FR 152, Jan. 5, 2015; 79 FR 40565, July 11, 2014; 81 FR 4145, Jan. 25, 2016; 81 FR 37054, June 8, 2016; 81 FR 89304, Dec. 9, 2016; 82 FR 1100, Jan. 4, 2017; 82 FR 1475, Jan. 5, 2017; 87 FR 43979, July 22, 2022; 87 FR 45195, July 27, 2022; 87 FR 63649, Oct. 19, 2022; 87 FR 63894, Oct. 20, 2022; 87 FR 77321, Dec. 16, 2022; 88 FR 17973, Mar. 24, 2023; 88 FR 21837 Apr. 11, 2023; 88 FR 27388, May 1, 2023; 88 FR 28835, May 4, 2023; 88 FR 40472, June 21, 2023; 88 FR 53375, Aug. 8, 2023; 89 FR 44034, May 20, 2024; 89 FR 82070, Oct. 9, 2024; 90 FR 1277, Jan. 7, 2025; 90 FR 43383, Sept. 9, 2025] § 429.71 Maintenance of records. (a) The manufacturer of any covered product or covered equipment shall 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 this part, part 430, and part 431. Any manufacturer who chooses to use an alternative method for determining energy efficiency or energy use in accordance with § 429.70 must retain the records required by that section, any other records of any testing performed to support the use of the alternative method, and any certifications required by that section, on file for review by DOE for two years following the discontinuance of all models or combinations whose ratings were based on the alternative method. (b) Such records shall be organized and indexed in a fashion that makes them readily accessible for review by DOE upon request. (c) The records shall be retained by the manufacturer for a period of two years from the date that the manufacturer or third party submitter has notified DOE that the model has been discontinued in commerce. (d) When considering if a pump is subject to energy conservation standards under part 431 of this chapter, DOE may need to determine if a pump was designed and constructed to the requirements set forth in Military Specifications: MIL-P-17639F, MIL-P-17881D, MIL-P-17840C, MIL-P-18682D, or MIL-P-18472G. In this case, a manufacturer must provide DOE with copies of the original design and test data that were submitted to appropriate design review agencies, as required by MIL-P-17639F, MIL-P-17881D, MIL-P-17840C, MIL-P-18682D, or MIL-P-18472G. Military specifications and standards are available for review at http://everyspec.com/MIL-SPECS (e) When considering if a compressor is subject to energy conservation standards under part 431, DOE may need to determine if a compressors was designed and tested to the requirements set forth in the American Petroleum Institute standard 619, “Rotary-Type Positive-Displacement Compressors for Petroleum, Petrochemical, and Natural Gas Industries” (API 619). In this case, DOE may request that a manufacturer provide DOE with copies of the original requirements and test data that were submitted to the purchaser of the compressor, in accordance with API 619. [76 FR 12451, Mar. 7, 2011, as amended at 81 FR 4145, Jan. 25, 2016; 85 FR 1591, Jan. 10, 2020] § 429.72 Alternative methods for determining non-energy ratings. (a) General. (b) Testing. (c) Residential refrigerators, refrigerator-freezers, and freezers. (d) Miscellaneous refrigeration products. (e) Commercial gas-fired and oil-fired instantaneous water heaters and hot water supply boilers. (f) Commercial refrigerators, freezers, and refrigerator-freezers. [79 FR 22348, Apr. 21, 2014, as amended at 81 FR 4145, Jan. 25, 2016; 81 FR 46790, July 18, 2016; 81 FR 79320, Nov. 10, 2016; 88 FR 66222, Sept. 26, 2023; 89 FR 82070, Oct. 9, 2024; 90 FR 43384, Sept. 9, 2025] § 429.73 Department of Energy recognition of nationally recognized certification programs for electric motors, including dedicated-purpose pool pump motors. (a) Petition. (b) Evaluation criteria. (1) It must have satisfactory standards and procedures for conducting and administering a certification system, including periodic follow up activities to assure that basic models of electric motors continue to conform to the efficiency levels for which they were certified, and for granting a certificate of conformity; (2) For certification of electric motors, including dedicated-purpose pool pump motors, it must be independent (as defined at § 429.2) of electric motor (including dedicated-purpose pool pump motor) manufacturers, importers, distributors, private labelers or vendors for which it is providing certification; (3) It must be qualified to operate a certification system in a highly competent manner; and (4) In the case of electric motors subject to requirements in subpart B of part 431 of this subchapter, the certification program must have expertise in the content and application of the test procedures at § 431.16 of this subchapter and must apply the provisions at §§ 429.64 and 429.70(j); or (5) In the case of dedicated-purpose pool pump motors subject to requirements in subpart Z of part 431 of this subchapter, the certification program must have expertise in the content and application of the test procedures at § 431.484 of this subchapter and must apply the provisions at §§ 429.65 and 429.70(k). (c) Petition format. (1) Standards and procedures. (2) Independent status. (3) Qualifications to operate a certification system. see see see see (4) Expertise in test procedures General. see (ii) Electric motors subject to requirements in subpart B of part 431 of this subchapter. (iii) Dedicated-purpose pool pump motors subject to requirements in subpart Z of part 431 of this subchapter. (d) Disposition. (e) Periodic evaluation. [87 FR 63651, Oct. 19, 2022] § 429.74 Department of Energy recognition of accreditation bodies for electric motors, including dedicated-purpose pool pump motors. (a) Petition. (b) Evaluation criteria. (1) It must have satisfactory standards and procedures for conducting and administering an accreditation system and for granting accreditation. This must include provisions for periodic audits to verify that the laboratories receiving its accreditation continue to conform to the criteria by which they were initially accredited, and for withdrawal of accreditation where such conformance does not occur, including failure to provide accurate test results. (2) It must be independent (as defined at § 429.2) of electric motor manufacturers, importers, distributors, private labelers or vendors for which it is providing accreditation. (3) It must be qualified to perform the accrediting function in a highly competent manner. (4)(i) In the case of electric motors subject to requirements in subpart B of part 431 of this subchapter, the organization must be an expert in the content and application of the test procedures and methodologies at § 431.16 of this subchapter and § 429.64. (ii) In the case of dedicated-purpose pool pump motors subject to requirements in subpart Z of part 431 of this subchapter, the organization must be an expert in the content and application of the test procedures and methodologies at § 431.484 of this subchapter and § 429.65. (c) Petition format. (1) Standards and procedures. (2) Independent status. (3) Qualifications to do accrediting. see see (4) Expertise in test procedures. see (d) Disposition. [87 FR 63652, Oct. 19, 2022] § 429.75 Procedures for recognition and withdrawal of recognition of accreditation bodies or certification programs. (a) Filing of petition. [email protected]. (b) Public notice and solicitation of comments. Federal Register (c) Responsive statement by the petitioner. (d) Public announcement of interim determination and solicitation of comments. Federal Register (e) Public announcement of final determination. Federal Register (f) Additional information. (g) Withdrawal of recognition Withdrawal by the Department. (2) Voluntary withdrawal. (3) Notice of withdrawal of recognition. Federal Register [87 FR 63652, Oct. 19, 2022] § 429.76 Portable electric spas. (a) Determination of represented values. (1) For spa covers: (i) If a basic model is distributed in commerce with multiple covers designated by the spa manufacturer for use with the basic model, a manufacturer must determine all represented values for that basic model based on the cover that results in the highest standby loss, except that the manufacturer may choose to identify specific individual combinations of spa and cover as additional basic models. (ii) If a basic model is distributed in commerce with no cover designated by the spa manufacturer for use with the basic model, a manufacturer must determine all represented values for that basic model by testing as specified in section 3.1.5.2 of appendix GG to subpart B of this part. (2) The sampling requirements of § 429.11 are applicable to portable electric spas; and (3) For each basic model of portable electric spas, a sample of sufficient size must be randomly selected and tested to ensure that any representation of standby loss or other measure of energy consumption of a basic model for which consumers would favor lower values shall be greater than or equal to the higher of: (i) The mean of the sample, where: and x i th (ii) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.05, where: and x 0.95 (4) The represented value of standby loss must be a whole number of watts. (5) The represented value of fill volume of a basic model must be a whole number of gallons that is within 5 gallons of the mean of the fill volumes measured for the units in the sample selected as described in paragraph (a)(3) of this section. (b) [Reserved] [88 FR 38627, June 13, 2023] Appendix A to Subpart B of Part 429—Student's t-Distribution Values for Certification Testing Figure 1—t-Distribution Values for Certification Testing [One-Sided] Degrees of freedom Confidence Interval 90% 95% 97.5% 99% 1 3.078 6.314 12.71 31.82 2 1.886 2.920 4.303 6.965 3 1.638 2.353 3.182 4.541 4 1.533 2.132 2.776 3.747 5 1.476 2.015 2.571 3.365 6 1.440 1.943 2.447 3.143 7 1.415 1.895 2.365 2.998 8 1.397 1.860 2.306 2.896 9 1.383 1.833 2.262 2.821 10 1.372 1.812 2.228 2.764 11 1.363 1.796 2.201 2.718 12 1.356 1.782 2.179 2.681 13 1.350 1.771 2.160 2.650 14 1.345 1.761 2.145 2.624 15 1.341 1.753 2.131 2.602 16 1.337 1.746 2.120 2.583 17 1.333 1.740 2.110 2.567 18 1.330 1.734 2.101 2.552 19 1.328 1.729 2.093 2.539 20 1.325 1.725 2.086 2.528 [76 FR 12451, Mar. 7, 2011; 76 FR 24780, May 2, 2011] Appendix B to Subpart B of Part 429—Nominal Full-Load Efficiency Table for Electric Motors 99.0 96.5 88.5 68 36.5 98.9 96.2 87.5 66 34.5 98.8 95.8 86.5 64 98.7 95.4 85.5 62 98.6 95 84 59.5 98.5 94.5 82.5 57.5 98.4 94.1 81.5 55 98.2 93.6 80 52.5 98 93 78.5 50.5 97.8 92.4 77 48 97.6 91.7 75.5 46 97.4 91 74 43.5 97.1 90.2 72 41 96.8 89.5 70 38.5 [87 FR 63653, Oct. 19, 2022] Subpart C—Enforcement § 429.100 Purpose and scope. This subpart describes the enforcement authority of DOE to ensure compliance with the conservation standards and regulations. § 429.102 Prohibited acts subjecting persons to enforcement action. (a) Each of the following actions is prohibited: (1) Failure of a manufacturer to provide, maintain, permit access to, or copying of records required to be supplied under the Act and this part or failure to make reports or provide other information required to be supplied under the Act and this part, including but not limited to failure to properly certify covered products and covered equipment in accordance with § 429.12 and §§ 429.14 through 429.66; (2) Failure to test any covered product or covered equipment subject to an applicable energy conservation standard in conformance with the applicable test requirements prescribed in 10 CFR parts 430 or 431; (3) Deliberate use of controls or features in a covered product or covered equipment to circumvent the requirements of a test procedure and produce test results that are unrepresentative of a product's energy or water consumption if measured pursuant to DOE's required test procedure; (4) Failure of a manufacturer to supply at the manufacturer's expense a requested number of covered products or covered equipment to a designated test laboratory in accordance with a test notice issued by DOE; (5) Failure of a manufacturer to permit a DOE representative to observe any testing required by the Act and this part and inspect the results of such testing; (6) Distribution in commerce by a manufacturer or private labeler of any new covered product or covered equipment that is not in compliance with an applicable energy conservation standard prescribed under the Act; (7) Distribution in commerce by a manufacturer or private labeler of a basic model of covered product or covered equipment after a notice of noncompliance determination has been issued to the manufacturer or private labeler; (8) Knowing misrepresentation by a manufacturer or private labeler by certifying an energy use or efficiency rating of any covered product or covered equipment distributed in commerce in a manner that is not supported by test data; (9) For any manufacturer, distributor, retailer, or private labeler to distribute in commerce an adapter that— (i) Is designed to allow an incandescent lamp that does not have a medium screw base to be installed into a fixture or lamp holder with a medium screw base socket; and (ii) Is capable of being operated at a voltage range at least partially within 110 and 130 volts; or (10) For any manufacturer or private labeler to knowingly sell a product to a distributor, contractor, or dealer with knowledge that the entity routinely violates any regional standard applicable to the product. (b) When DOE has reason to believe that a manufacturer or private labeler has undertaken a prohibited act listed in paragraph (a) of this section, DOE may: (1) Issue a notice of noncompliance determination; (2) Impose additional certification testing requirements; (3) Seek injunctive relief; (4) Assess a civil penalty for knowing violations; or (5) Undertake any combination of the above. (c) Violations of regional standards. (2) It is a violation for a distributor to knowingly sell a product to a contractor or dealer with knowledge that the entity routinely violates any regional standard applicable to the product. (3) It is a violation for a contractor or dealer to knowingly sell to and/or install for an end user a central air conditioner subject to regional standards with the knowledge that such product will be installed in violation of any regional standard applicable to the product. (4) A “product installed in violation” includes: (i) A complete central air conditioning system that is not certified as a complete system that meets the applicable standard. Combinations that were previously validly certified may be installed after the manufacturer has discontinued the combination, provided all combinations within the basic model, including for single-split-system AC with single-stage or two-stage compressor at least one coil-only combination as specified in paragraph (a)(1) of this section, comply with the regional standard applicable at the time of installation. (ii) An outdoor unit with no match ( i.e. (iii) An outdoor unit that is part of a certified combination rated less than the standard applicable in the region in which it is installed or, where applicable, an outdoor unit with no certified coil-only combination as specified in paragraph (a)(1) of this section that meets the standard applicable in the region in which it is installed. [76 FR 12451, Mar. 7, 2011, as amended at 81 FR 4145, Jan. 25, 2016; 81 FR 45402, July 14, 2016; 87 FR 53639, Aug. 31, 2022; 87 FR 64586, Oct. 25, 2022] § 429.104 Assessment testing. (a) DOE may, at any time, test a basic model to assess whether the basic model is in compliance with the applicable energy conservation standard(s). (b) For variable refrigerant flow multi-split air conditioners and heat pumps (other than air-cooled with rated cooling capacity less than 65,000 btu/h), when DOE may require that the manufacturer of a basic model ship at its expense any means of control for the basic model necessary for conducting testing in accordance with Appendix D1 to subpart F of 10 CFR part 431 of this subchapter. [87 FR 63895, Oct. 20, 2022] § 429.106 Investigation of compliance. (a) DOE may initiate an investigation that a basic model may not be compliant with an applicable conservation standard, certification requirement or other regulation at any time. (b) DOE may, at any time, request any information relevant to determining compliance with any requirement under parts 429, 430 and 431, including the data underlying certification of a basic model. Such data may be used by DOE to make a determination of compliance or noncompliance with an applicable standard. § 429.110 Enforcement testing. (a) General provisions. (2) For variable refrigerant flow multi-split air conditioners and heat pumps (other than air-cooled with rated cooling capacity less than 65,000 Btu/h), when determining compliance with an energy conservation standard based on IEER, DOE may test for enforcement if DOE has reason to believe that a basic model is not in compliance, has invalid certified operational settings for critical parameter values, or has an otherwise invalid certified rating. (3) DOE will select and test units pursuant to paragraphs (c) and (e) of this section. (4) Testing will be conducted at a laboratory accredited to the International Organization for Standardization (ISO)/International Electrotechnical Commission (IEC), “General requirements for the competence of testing and calibration laboratories,” ISO/IEC 17025:2005(E) (incorporated by reference; see § 429.4). If testing cannot be completed at an independent laboratory, DOE, at its discretion, may allow enforcement testing at a manufacturer's laboratory, so long as the lab is accredited to ISO/IEC 17025:2005(E) and DOE representatives witness the testing. In addition, for commercial packaged boilers with rated input greater than 5,000,000 Btu/h, DOE, at its discretion, may allow enforcement testing of a commissioned commercial packaged boiler in the location in which it was commissioned for use, pursuant to the test provisions at § 431.86(c) of this chapter, for which accreditation to ISO/IEC 17025:2005(E) would not be required. (b) Test notice. (i) DOE will send the test notice to the manufacturer's certifying official or other company official. (ii) The test notice will specify the basic model that will be selected for testing, the method of selecting the test sample, the maximum size of the sample and the size of the initial test sample, the dates at which testing is scheduled to be started and completed, and the facility at which testing will be conducted. The test notice may also provide for situations in which the selected basic model is unavailable for testing and may include alternative models or basic models. (iii) DOE will state in the test notice that it will select the units of a basic model to be tested from the manufacturer, from one or more distributors, and/or from one or more retailers. If any unit is selected from a distributor or retailer, the manufacturer shall make arrangements with the distributor or retailer for compensation for or replacement of any such units. (iv) DOE may require in the test notice that the manufacturer of a basic model ship or cause to be shipped from a retailer or distributor at its expense the requested number of units of a basic model specified in such test notice to the testing laboratory specified in the test notice. The manufacturer shall ship the specified initial test unit(s) of the basic model to the testing laboratory within 5 working days from the time unit(s) are selected. For variable refrigerant flow multi-split air conditioners and heat pumps (other than air-cooled with rated cooling capacity less than 65,000 btu/h) the manufacturer shall also ship any means of control necessary for conducting testing in accordance with appendix D1 to subpart F of 10 CFR part 431 of this subchapter. The manufacturer may ship the means of control separately from the system(s) selected for testing. (v) If DOE determines that the units identified are low-volume or built-to-order products, DOE will contact the manufacturer to develop a plan for enforcement testing in lieu of paragraphs (ii)-(iv) of this section. (2) [Reserved] (c) Test unit selection. (i) Manufacturer's warehouse, distributor, or other facility affiliated with the manufacturer. DOE will select a batch sample at random in accordance with the provisions in paragraph (e) of this section and the conditions specified in the test notice. DOE will randomly select an initial test sample of units from the batch sample for testing in accordance with appendices A through C of this subpart. DOE will make a determination whether an alternative sample size will be used in accordance with the provisions in paragraph (e)(1)(iv) of this section. (ii) Retailer or other facility not affiliated with the manufacturer. DOE will select an initial test sample of units at random that satisfies the minimum units necessary for testing in accordance with the provisions in appendices A through C of this subpart and the conditions specified in the test notice. Depending on the results of the testing, DOE may select additional units for testing from a retailer in accordance with appendices A through C of this subpart. If the full sample is not available from a retailer, DOE will make a determination whether an alternative sample size will be used in accordance with the provisions in paragraph (e)(1)(iv) of this section. (iii) Previously commissioned commercial packaged boilers with a rated input greater than 5,000,000 Btu/h. DOE may test a sample of at least one unit in the location in which it was commissioned for use. (2) Units tested in accordance with the applicable test procedure under this part by DOE or another Federal agency, pursuant to other provisions or programs, may count toward units in the test sample. (3) The resulting test data shall constitute official test data for the basic model. Such test data will be used by DOE to make a determination of compliance or noncompliance if a sufficient number of tests have been conducted to satisfy the requirements of paragraph (e) of this section and appendices A through C of this subpart. (d) Test unit preparation. (2) No quality control, testing or assembly procedures shall be performed on a test unit, or any parts and subassemblies thereof, that is not performed during the production and assembly of all other units included in the basic model. (3) A test unit shall be considered defective if such unit is inoperative or is found to be in noncompliance due to failure of the unit to operate according to the manufacturer's design and operating instructions. Defective units, including those damaged due to shipping or handling, shall be reported immediately to DOE. DOE may authorize testing of an additional unit on a case-by-case basis. (e) Basic model compliance. (1) For products with applicable energy conservation standard(s) in § 430.32 of this chapter, and commercial prerinse spray valves, illuminated exit signs, traffic signal modules and pedestrian modules, commercial clothes washers, dedicated-purpose pool pumps, circulator pumps, and metal halide lamp ballasts, DOE will use a sample size of not more than 21 units and follow the sampling plans in appendix A of this subpart (Sampling for Enforcement Testing of Covered Consumer Products and Certain High-Volume Commercial Equipment). (2) For automatic commercial ice makers; commercial refrigerators, freezers, and refrigerator-freezers; refrigerated bottled or canned vending machines; commercial air conditioners and heat pumps; commercial packaged boilers; commercial warm air furnaces; commercial water heating equipment; and walk-in cooler and walk-in freezer doors, panels, and refrigeration systems, DOE will use an initial sample size of not more than four units and follow the sampling plans in appendix B to this subpart. (3) If fewer than four units of a basic model are available for testing (under paragraphs (e)(1) or (2) of this section) when the manufacturer receives the notice, then: (i) DOE will test the available unit(s); or (ii) If one or more other units of the basic model are expected to become available within 30 calendar days, DOE may instead, at its discretion, test either: (A) The available unit(s) and one or more of the other units that subsequently become available (up to a maximum of four); or (B) Up to four of the other units that subsequently become available. (4) For distribution transformers, DOE will use an initial sample size of not more than five units and follow the sampling plans in appendix C of this subpart (Sampling Plan for Enforcement Testing of Distribution Transformers). If fewer than five units of a basic model are available for testing when the manufacturer receives the test notice, then: (i) DOE will test the available unit(s); or (ii) If one or more other units of the basic model are expected to become available within 30 calendar days, DOE may instead, at its discretion, test either: (A) The available unit(s) and one or more of the other units that subsequently become available (up to a maximum of five); or (B) Up to five of the other units that subsequently become available. (5) For pumps subject to the test procedures specified in § 431.464(a) of this chapter, DOE will use an initial sample size of not more than four units and will determine compliance based on the arithmetic mean of the sample. (6) For uninterruptible power supplies, if a basic model is certified for compliance to the applicable energy conservation standard(s) in § 430.32 of this chapter according to the sampling plan in § 429.39(a)(2)(iv)(A) of this chapter, DOE will use a sample size of not more than 21 units and follow the sampling plan in appendix A of this subpart (Sampling for Enforcement Testing of Covered Consumer Products and Certain High-Volume Commercial Equipment). If a basic model is certified for compliance to the applicable energy conservation standard(s) in § 430.32 of this chapter according to the sampling plan in § 429.39(a)(2)(iv)(B) of this chapter, DOE will use a sample size of at least one unit and follow the sampling plan in appendix D of this subpart (Sampling for Enforcement Testing of Uninterruptible Power Supplies). (7) Notwithstanding paragraphs (e)(1) through (6) of this section, if testing of the available or subsequently available units of a basic model would be impractical, as for example when a basic model has unusual testing requirements or has limited production, DOE may in its discretion decide to base the determination of compliance on the testing of fewer than the otherwise required number of units. (8) When DOE makes a determination in accordance with paragraph (e)(7) of this section to test less than the number of units specified in paragraphs (e)(1) through (6) of this section, DOE will base the compliance determination on the results of such testing in accordance with appendix B of this subpart (Sampling Plan for Enforcement Testing of Covered Equipment and Certain Low-Volume Covered Products) using a sample size (n 1 (9) For the purposes of this section, available units are those that are available for distribution in commerce within the United States. [76 FR 12451, Mar. 7, 2011, as amended at 81 FR 4145, Jan. 25, 2016; 81 FR 31841, May 20, 2016; 81 FR 89304, Dec. 9, 2016; 81 FR 89822, Dec. 12, 2016; 81 FR 95800, Dec. 28, 2016; 82 FR 36918, Aug. 7, 2017; 87 FR 57298, Sept. 19, 2022; 87 FR 63895, Oct. 20, 2022; 88 FR 28837, May 4, 2023] § 429.114 Notice of noncompliance and notice to cease distribution of a basic model. (a) In the event that DOE determines a basic model is noncompliant with an applicable energy conservation standard, or if a manufacturer or private labeler determines a basic model to be in noncompliance, DOE may issue a notice of noncompliance determination to the manufacturer or private labeler. This notice of noncompliance determination will notify the manufacturer or private labeler of its obligation to: (1) Immediately cease distribution in commerce of the basic model; (2) Give immediate written notification of the determination of noncompliance to all persons to whom the manufacturer has distributed units of the basic model manufactured since the date of the last determination of compliance; and (3) Provide DOE, within 30 calendar days of the request, records, reports and other documentation pertaining to the acquisition, ordering, storage, shipment, or sale of a basic model determined to be in noncompliance. (b) In the event that DOE determines a manufacturer has failed to comply with an applicable certification requirement with respect to a particular basic model, DOE may issue a notice of noncompliance determination to the manufacturer or private labeler. This notice of noncompliance determination will notify the manufacturer or private labeler of its obligation to: (1) Immediately cease distribution in commerce of the basic model; (2) Immediately comply with the applicable certification requirement; and/or (3) Provide DOE within 30 days of the request, records, reports and other documentation pertaining to the acquisition, ordering, storage, shipment, or sale of the basic model. (c) If a manufacturer or private labeler fails to comply with the required actions in the notice of noncompliance determination as set forth in paragraphs (a) or (b) of this section, the General Counsel (or delegee) may seek, among other remedies, injunctive action and civil penalties, where appropriate. (d) The manufacturer may modify a basic model determined to be noncompliant with an applicable energy conservation standard in such manner as to make it comply with the applicable standard. Such modified basic model shall then be treated as a new basic model and must be certified in accordance with the provisions of this part; except that in addition to satisfying all requirements of this part, any models within the basic model must be assigned new model numbers and the manufacturer shall also maintain, and provide upon request to DOE, records that demonstrate that modifications have been made to all units of the new basic model prior to distribution in commerce. § 429.116 Additional certification testing requirements. Pursuant to § 429.102(b)(2), if DOE determines that independent, third-party testing is necessary to ensure a manufacturer's compliance with the rules of this part, part 430, or part 431, a manufacturer must base its certification of a basic model under subpart B of this part on independent, third-party laboratory testing. § 429.118 Injunctions. If DOE has reason to seek an injunction under the Act: (a) DOE will notify the manufacturer, private labeler or any other person as required, of the prohibited act at issue and DOE's intent to seek a judicial order enjoining the prohibited act unless the manufacturer, private labeler or other person, delivers to DOE within 15 calendar days a corrective action and compliance plan, satisfactory to DOE, of the steps it will take to ensure that the prohibited act ceases. DOE will monitor the implementation of such plan. (b) If the manufacturer, private labeler or any other person as required, fails to cease engaging in the prohibited act or fails to provide a satisfactory corrective action and compliance plan, DOE may seek an injunction. § 429.120 Maximum civil penalty. Any person who knowingly violates any provision of § 429.102(a) may be subject to assessment of a civil penalty of no more than $575 for each violation. As to § 429.102(a)(1) with respect to failure to certify, and as to § 429.102(a)(2), (5) through (9), each unit of a covered product or covered equipment distributed in violation of such paragraph shall constitute a separate violation. For violations of § 429.102(a)(1), (3), and (4), each day of noncompliance shall constitute a separate violation for each basic model at issue. [76 FR 12451, Mar. 7, 2011, as amended at 81 FR 41794, June 28, 2016; 81 FR 96351, Dec. 30, 2016; 83 FR 1291, Jan. 11, 2018; 83 FR 66083, Dec. 26, 2018; 85 FR 830, Jan. 8, 2020; 86 FR 2955, Jan. 14, 2021; 87 FR 1063, Jan. 10, 2022; 88 FR 2193, Jan. 13, 2023; 89 FR 1028, Jan. 9, 2024; 89 FR 105406, Dec. 27, 2024] § 429.122 Notice of proposed civil penalty. (a) The General Counsel (or delegee) shall provide notice of any proposed civil penalty. (b) The notice of proposed penalty shall: (1) Include the amount of the proposed penalty; (2) Include a statement of the material facts constituting the alleged violation; and (3) Inform the person of the opportunity to elect in writing within 30 calendar days of receipt of the notice to have the procedures of § 429.128 (in lieu of those of § 429.126) apply with respect to the penalty. § 429.124 Election of procedures. (a) In responding to a notice of proposed civil penalty, the respondent may request: (1) An administrative hearing before an Administrative Law Judge (ALJ) under § 429.126 of this part; or (2) Elect to have the procedures of § 429.128 apply. (b) Any election to have the procedures of § 429.128 apply may not be revoked except with the consent of the General Counsel (or delegee). (c) If the respondent fails to respond to a notice issued under § 429.120 or otherwise fails to indicate its election of procedures, DOE shall refer the civil penalty action to an ALJ for a hearing under § 429.126. § 429.126 Administrative law judge hearing and appeal. (a) When elected pursuant to § 429.124, DOE shall refer a civil penalty action brought under § 429.122 of this part to an ALJ, who shall afford the respondent an opportunity for an agency hearing on the record. (b) After consideration of all matters of record in the proceeding, the ALJ will issue a recommended decision, if appropriate, recommending a civil penalty. The decision will include a statement of the findings and conclusions, and the reasons therefore, on all material issues of fact, law, and discretion. (c)(1) The General Counsel (or delegee) shall adopt, modify, or set aside the conclusions of law or discretion contained in the ALJ's recommended decision and shall set forth a final order assessing a civil penalty. The General Counsel (or delegee) shall include in the final order the ALJ's findings of fact and the reasons for the final agency actions. (2) Any person against whom a penalty is assessed under this section may, within 60 calendar days after the date of the final order assessing such penalty, institute an action in the United States Court of Appeals for the appropriate judicial circuit for judicial review of such order in accordance with chapter 7 of title 5, United States Code. The court shall have jurisdiction to enter a judgment affirming, modifying, or setting aside in whole or in part, the final order, or the court may remand the proceeding to the Department for such further action as the court may direct. § 429.128 Immediate issuance of order assessing civil penalty. (a) If the respondent elects to forgo an agency hearing pursuant to § 429.124, the General Counsel (or delegee) shall issue an order assessing the civil penalty proposed in the notice of proposed penalty under § 429.122, 30 calendar days after the respondent's receipt of the notice of proposed penalty. (b) If within 60 calendar days of receiving the assessment order in paragraph (a) of this section the respondent does not pay the civil penalty amount, DOE shall institute an action in the appropriate United States District Court for an order affirming the assessment of the civil penalty. The court shall have authority to review de novo the law and the facts involved and shall have jurisdiction to enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part, such assessment. § 429.130 Collection of civil penalties. If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order under § 429.126 or after the appropriate District Court has entered final judgment in favor of the Department under § 429.128, the General Counsel (or delegee) shall institute an action to recover the amount of such penalty in any appropriate District Court of the United States. In such action, the validity and appropriateness of such final assessment order or judgment shall not be subject to review. § 429.132 Compromise and settlement. (a) DOE may compromise, modify, or remit, with or without conditions, any civil penalty (with leave of court if necessary). (b) In exercising its authority under paragraph (a) of this section, DOE may consider the nature and seriousness of the violation, the efforts of the respondent to remedy the violation in a timely manner, and other factors as justice may require. (c) DOE's authority to compromise, modify or remit a civil penalty may be exercised at any time prior to a final decision by the United States Court of Appeals if § 429.126 procedures are utilized, or prior to a final decision by the United States District Court, if § 429.128 procedures are utilized. (d) Notwithstanding paragraph (a) of this section, DOE or the respondent may propose to settle the case. If a settlement is agreed to by the parties, the respondent is notified and the case is closed in accordance with the terms of the settlement. § 429.134 Product-specific enforcement provisions. (a) General. (b) Refrigerators, refrigerator-freezers, and freezers Verification of total refrigerated volume. (i) The measurement is within two percent, or 0.5 cubic feet (0.2 cubic feet for compact products), whichever is greater, of the certified total refrigerated volume, or (ii) The measurement is greater than the certified total refrigerated volume. (A) If the certified total refrigerated volume is found to be valid, the certified adjusted total volume will be used as the basis for calculation of maximum allowed energy use for the basic model. (B) If the certified total refrigerated volume is found to be invalid, the average measured adjusted total volume, rounded to the nearest 0.1 cubic foot, will serve as the basis for calculation of maximum allowed energy use for the tested basic model. (2) Test for models with two compartments, each having its own user-operable temperature control. (c) Clothes washers Determination of Remaining Moisture Content. (i) When testing according to appendix J to subpart B of part 430: (A) If the measured RMC value of a tested unit is equal to or lower than the certified RMC value of the basic model (expressed as a percentage), then the measured RMC value will be considered the tested unit's final RMC value and will be used as the basis for the calculation of per-cycle energy consumption for removal of moisture from the test load for that unit. (B) If the measured RMC value of a tested unit is higher than the certified RMC value of the basic model but the difference between the measured and certified RMC values would not affect the unit's compliance with the applicable standards, then the measured RMC value will be considered the tested unit's final RMC value. (C) If the measured RMC value of a tested unit is higher than the certified RMC value of the basic model and the difference between the measured and certified RMC values would affect the unit's compliance with the applicable standards, then: ( 1 ( 2 ( i ( ii (ii) When testing according to appendix J2 to subpart B of part 430: (A) The procedure for determining remaining moisture content (RMC) will be performed once in its entirety, pursuant to the test requirements of section 3.8 of appendix J2 to subpart B of part 430, for each unit tested. (B) If the measured RMC value of a tested unit is equal to or lower than the certified RMC value of the basic model (expressed as a percentage), then the measured RMC value will be considered the tested unit's final RMC value and will be used as the basis for the calculation of per-cycle energy consumption for removal of moisture from the test load for that unit. (C) If the measured RMC value of a tested unit is higher than the certified RMC value of the basic model but by no more than two RMC percentage points and the difference between the measured and certified RMC values would not affect the unit's compliance with the applicable standards, then the measured RMC value will be considered the tested unit's final RMC value. (D) If the measured RMC value of a tested unit is higher than the certified RMC value of the basic model but by no more than two RMC percentage points and the difference between the measured and certified RMC values would affect the unit's compliance with the applicable standards, then: ( 1 ( 2 (E) If the measured RMC value of a tested unit is higher than the certified RMC value of the basic model by more than two RMC percentage points, then DOE will perform two replications of the RMC measurement procedure, each pursuant to the provisions of section 3.8.5 of appendix J2 to subpart B of part 430, for a total of three independent RMC measurements of the tested unit. The average of the three RMC measurements will be calculated. ( 1 ( 2 ( 3 (F) If the average of the three RMC measurements is higher than the certified RMC value of the basic model and the difference between the measured and certified RMC values would affect the unit's compliance with the applicable standards, then: ( 1 ( 2 ( i ( ii (2) [Reserved] (d) Residential Water Heaters and Residential-Duty Commercial Water Heaters Verification of first-hour rating and maximum GPM rating. (i) If the rated value of first-hour rating or maximum GPM rating is found to be within 5 percent of the mean of the measured values, then the rated value will be used as the basis for determining the applicable draw pattern pursuant to the test requirements of 10 CFR part 430 for each unit tested. (ii) If the rated value of first-hour rating or maximum GPM rating is found to vary more than 5 percent from the measured values, then the mean of the measured values will serve as the basis for determining the applicable draw pattern pursuant to the test requirements of 10 CFR part 430 for each unit tested. (2) Verification of rated storage volume. (i) If the rated storage volume is found to be within 3 percent of the mean of the measured value of storage volume, then the rated value will be used as the basis for calculation of the required uniform energy factor for the basic model. (ii) If the rated storage volume is found to vary more than 3 percent from the mean of the measured values, then the mean of the measured values will be used as the basis for calculation of the required uniform energy factor for the basic model. (3) Verification of fuel input rate. (i) If the certified rated input is found to be valid, then the certified rated input will be used to determine compliance with the associated energy conservation standard. (ii) If the measured fuel input rate for gas-fired or oil-fired water heating products is not within ±2 percent of the certified rated input, the measured fuel input rate will be used to determine compliance with the associated energy conservation standard. (4) Circulating water heaters. (i) Electric heat pump circulating water heaters. (ii) All other circulating water heaters. (A) If the manufacturer certifies the specific model of UFHWST used for testing to determine the certified UEF and first-hour rating of the circulating water heater, that model of UFHWST will be used for testing. (B) If it is not possible to perform testing with the same model of UFHWST certified by the manufacturer, testing will be carried out with a different model of UFHWST accordingly: (1) Testing will be performed with an UFHWST from the same manufacturer as the certified UFHWST, with the same certified storage volume as the certified UFHWST, and with a certified R-value that meets but does not exceed the standard set at § 431.110(a) of this chapter. If this is not possible, (2) Testing will be performed with an UFHWST from a different manufacturer than the certified UFHWST, with the same certified storage volume as the certified UFHWST, and with a certified R-value that meets but does not exceed the standard set at § 431.110(a) of this chapter. If this is not possible, (3) Testing will be performed with an UFHWST from the same manufacturer as the certified UFHWST, having a certified storage volume within ±5 gallons of the certified UFHWST, and with a certified R-value that meets but does not exceed the standard set at § 431.110(a) of this chapter. If this is not possible, (4) Testing will be performed with an UFHWST from a different manufacturer than the certified UFHWST, having a certified storage volume within ±5 gallons of the certified UFHWST, and with a certified R-value that meets but does not exceed the standard set at § 431.110(a) of this chapter. If this is not possible, (5) Testing will be performed with an UFHWST having a certified storage volume between 80 gallons and 120 gallons and with a certified R-value that meets but does not exceed the standard set at § 431.110(a) of this chapter. (e) Packaged terminal air conditioners and packaged terminal heat pumps Verification of cooling capacity. (i) If the certified cooling capacity is found to be valid, that cooling capacity will be used as the basis for calculation of minimum allowed EER (and minimum allowed COP for PTHP models) for the basic model. (ii) If the certified cooling capacity is found to be invalid, the average measured cooling capacity will serve as the basis for calculation of minimum allowed EER (and minimum allowed COP for PTHP models) for the tested basic model. (2) [Reserved] (f) Dehumidifiers Verification of capacity. (i) If the certified capacity is found to be valid, the certified capacity will be used as the basis for determining the minimum energy factor or integrated energy factor allowed for the basic model. (ii) If the certified capacity is found to be invalid, the average measured capacity of the units in the sample will be used as the basis for determining the minimum energy factor or integrated energy factor allowed for the basic model. (2) Verification of whole-home dehumidifier case volume. (i) If the certified case volume is found to be valid, the certified case volume will be used as the basis for determining the minimum integrated energy factor allowed for the basic model. (ii) If the certified case volume is found to be invalid, the average measured case volume of the units in the sample will be used as the basis for determining the minimum integrated energy factor allowed for the basic model. (g) Commercial package air conditioning and heating equipment (excluding air-cooled equipment with a cooling capacity less than 65,000 Btu/h). (1) Verification of cooling capacity. (2) Specific components. 1 (3) Verification of cut-out and cut-in temperatures. (h) Residential boilers—test protocols for functional verification of automatic means for adjusting water temperature. Definitions, (1) Test protocol for all products other than single-stage products employing burner delay. (i) Boiler setup Boiler installation. (B) Establishing flow rate and temperature rise. (C) Temperature stabilization. (D) Adjust the inferential load controller. 1 ( 2 i.e., (ii) Establish low inferred load conditions at minimum boiler supply water temperature Establish low inferred load conditions. 1 ( 2 (B) Supply water temperature stabilization at low inferred load. 1 ( 2 (iii) Establish high inferred load conditions at maximum boiler supply water temperature Establish high inferred load conditions. (B) Supply water temperature stabilization at high inferred load. 1 ( 2 ( 3 (iv) [Reserved] (2) Test protocol for single-stage products employing burner delay. (i) Boiler setup Boiler installation. (B) Activation of controls. (C) Adjustment of water flow and temperature. (ii) Boiler heat-up Boiler start-up. (B) Adjustment of firing rate. (C) Establishing flow rate and temperature rise. (D) Terminate the call for heating. (iii) Verify burner delay Reinitiate call for heat. (B) Verify burner ignition. (C) Terminate the call for heat. (iv) [Reserved] (i) Pumps General purpose pumps. (A) If the representative value of volume rate of flow (flow rate) at BEP and nominal speed of rotation is found to be valid, the measured volume rate of flow (flow rate) at BEP and nominal speed of rotation will be used in subsequent calculations of constant load pump energy rating (PER CL CL VL VL (B) If the representative value of volume rate of flow (flow rate) at BEP and nominal speed of rotation is found to be invalid, the mean of all the measured volume rate of flow (flow rate) at BEP and nominal speed of rotation values determined from the tested unit(s) will serve as the new expected BEP flow rate and the unit(s) will be retested until such time as the measured rate of flow (flow rate) at BEP and nominal speed of rotation is within 5 percent of the expected BEP flow rate. (ii) DOE will test each pump unit according to the test method specified by the manufacturer in the certification report submitted pursuant to § 429.59(b); if the model of pump unit was rated using an AEDM, DOE may use either a testing approach or calculation approach. (2) Dedicated-purpose pool pumps. (A) If the representative value of rated hydraulic horsepower is found to be valid, the value of rated hydraulic horsepower certified by the manufacturer will be used to determine the standard level for that basic model. (B) If the representative value of rated hydraulic horsepower is found to be invalid, the mean of all the measured rated hydraulic horsepower values determined from the tested unit(s) will be used to determine the standard level for that basic model. (ii) To verify the self-priming capability of non-self-priming pool filter pumps and of self-priming pool filter pumps that are not certified with NSF/ANSI 50-2015 (incorporated by reference, see § 429.4) as self-priming, the vertical lift and true priming time of each tested unit of the basic model of self-priming or non-self-priming pool filter pump will be measured pursuant to the test requirements of § 431.464(b) of this chapter. (A) For self-priming pool filter pumps that are not certified with NSF/ANSI 50-2015 as self-priming, at a vertical lift of 5.0 feet, the result of the true priming time measurement(s) will be compared to the value of true priming time certified by the manufacturer. The certified value of true priming time will be considered valid only if the measurement(s) (either the measured true priming time for a single unit sample or the average of true priming time values for a multiple unit sample) is within 5 percent of the certified value of true priming time. ( 1 ( 2 (B) For non-self-priming pool filter pumps, at a vertical lift of 5.0 feet, the result of the true priming time measurement(s) (either the measured true priming time for a single unit sample or the average of true priming time values, for a multiple unit sample) will be compared to the value of true priming time referenced in the definition of non-self-priming pool filter pump at § 431.462 (10.0 minutes). ( 1 ( 2 1 (iii) To verify the maximum head of self-priming pool filter pump, non-self-priming pool filter pumps, and waterfall pumps, the maximum head of each tested unit of the basic model of self-priming pool filter pump, non-self-priming pool filter pump, or waterfall pump will be measured pursuant to the test requirements of § 431.464(b) of this chapter and the result of the measurement(s) will be compared to the value of maximum head certified by the manufacturer. The certified value of maximum head will be considered valid only if the measurement(s) (either the measured maximum head for a single unit sample or the average of the maximum head values for a multiple unit sample) is within 5 percent of the certified values of maximum head. (A) If the representative value of maximum head is found to be valid, the value of maximum head certified by the manufacturer will be used to determine the appropriate equipment class and standard level for that basic model. (B) If the representative value of maximum head is found to be invalid, the measured value(s) of maximum head determined from the tested unit(s) will be used to determine the appropriate equipment class and standard level for that basic model. (iv) To verify that a DPPP model complies with the applicable freeze protection control design requirements, the initiation temperature, run-time, and speed of rotation of the default control configuration of each tested unit of the basic model of dedicated-purpose pool pump will be evaluated according to the procedure specified in paragraph (i)(2)(iv)(A) of this section: (A)( 1 ( 2 i.e., i.e., ( 3 (B) If the dedicated-purpose pool pump initiates water circulation at a temperature greater than 40.0 °F; if the dedicated-purpose pool pump was still circulating water after 60.0 minutes of operation at 42.0 ± 0.5 °F; or if rotating speed measured at any point during the DPPP freeze protection control test in paragraph (i)(2)(iii)(A) of this section was greater than one-half of the maximum rotating speed of the DPPP model certified by the manufacturer, that DPPP model is deemed to not comply with the design requirement for freeze protection controls. (C) If none of the conditions specified in paragraph (i)(2)(iv)(B) of this section are met, including if the DPPP freeze protection control does not initiate water circulation at all during the test, the dedicated-purpose pool pump under test is deemed compliant with the design requirement for freeze protection controls. (3) Circulator pumps. (A) If the representative value of flow rate is found to be valid, the measured flow rate at BEP and maximum speed will be used in subsequent calculations of circulator energy rating (CER) and circulator energy index (CEI) for that basic model. (B) If the representative value of flow rate at BEP and maximum speed is found to be invalid, the mean of all the measured values of flow rate at BEP and maximum speed determined from the tested unit(s) will serve as the new expected BEP flow rate and the unit(s) will be retested until such time as the measured flow rate at BEP and maximum speed is within 5 percent of the expected BEP flow rate. (ii) The rated hydraulic horsepower of each tested unit of the basic model will be measured pursuant to the test requirements of § 431.464(c) of this chapter. The resulting measurement will be compared to the rated hydraulic horsepower certified by the manufacturer. The certified rated hydraulic horsepower will be considered valid only if the measurement (either the measured rated hydraulic horsepower for a single unit sample or the average of the measured rated hydraulic horsepower values for a multiple unit sample) is within 5 percent of the certified rated hydraulic horsepower. (A) If the certified rated hydraulic horsepower is found to be valid, the certified rated hydraulic horsepower will be used as the basis for determining scope of applicability for that model. (B) If the certified rated hydraulic horsepower is found to be invalid, the arithmetic mean of all the hydraulic horsepower values resulting from DOE's testing will be used as the basis for determining scope of applicability for that model. (iii) DOE will test each circulator pump unit according to the control setting with which the unit was rated. If no control setting is specified and no controls were available, DOE will test using the full speed test. If no control setting is specified and a variety of controls are available, DOE will test using the test method for any one of the control varieties available on board. (iv) DOE will test each circulator pump using the description and equation for the control curve with which it was rated, if available. (j) Refrigerated bottled or canned beverage vending machines Verification of refrigerated volume. (i) If the representative value of refrigerated volume is found to be valid, the certified refrigerated volume will be used as the basis for calculation of maximum daily energy consumption for the basic model. (ii) If the representative value of refrigerated volume is found to be invalid, the average measured refrigerated volume determined from the tested unit(s) will serve as the basis for calculation of maximum daily energy consumption for the tested basic model. (2) Verification of surface area, transparent, and non-transparent areas. ( i Determination of transparent area. ( ii Determination of non-transparent area. (k) Central air conditioners and heat pumps. (1) Verification of cooling capacity. (2) Verification of C D value. D c D h D c D h D c D h (A) If testing in accordance with appendix M1 to subpart B of 10 CFR part 430, the C D c D h (B) If testing in accordance with appendix M2 to subpart B of 10 CFR part 430, the C D c D h (ii) For models of outdoor units with no match, DOE will use the default C D c D h (3) Verification of cut-out and cut-in temperatures for central heat pumps. OFF,T ON,T (ii) When testing in accordance with appendix M2 to subpart B of 10 CFR part 430, the cut-out and cut-in temperatures may be verified using the method in appendix J of AHRI 1600-2024 (incorporated by reference, see § 429.4). If this method is conducted, the tested T OFF,T ON,T (4) Verification of Variable Capacity Operation and of Fixed Settings for the Compressor and the Indoor Fan when Testing Variable Capacity Compressor Systems Conducting the controls verification procedure (CVP). i.e., (A) When testing in accordance with appendix M1 to subpart B of 10 CFR part 430. (B) When testing in accordance with appendix M2 to subpart B of 10 CFR part 430. (C) Variable capacity certified, single capacity systems. (ii) Variable capacity determination. (B) If the unit tested does not meet the definition of a variable capacity compressor system based on performance of the CVP per paragraph (k)(4)(i)(A) or (B) of this section, and the tested unit is instead determined to be a variable capacity certified, single capacity system, the efficiency metrics (SEER2, HSPF2, EER2, SCORE, SHORE, EER as applicable) shall be determined using the certification test applicable to variable capacity certified, single capacity systems. (C) If the unit tested does not meet the definition of a variable capacity compressor system based on performance of the CVP per paragraph (k)(4)(i)(A) or (B) of this section, and the tested unit is instead determined to be a variable capacity certified, two capacity system, the efficiency metrics (SEER2, HSPF2, EER2, SCORE, SHORE, EER as applicable) shall be determined using the certification test applicable to variable capacity certified, two capacity systems. (D) If, for a heat pump, a CVP is conducted for just one of the operating modes (heating or cooling), the system classifications for both modes will be based on the results of the one CVP conducted. (iii) CVP tolerance evaluation for full and minimum load intervals. ( 1 ( 2 ( 3 1 2 (B) Determine whether the measured capacity for each full load interval, as evaluated per the CVP conducted in paragraph (k)(4)(i)(A) or (B) of this section, is no more than 6% less than the corresponding certification test capacity, as follows: Where: q A,Full Full q CVP,A,Full Full q H3,Full Full q CVP,H3,Full Full q H4,Full Full q CVP,H4,Full Full (C) Determine whether the measured capacity for each minimum load interval, as evaluated per the CVP conducted in paragraph (k)(4)(i)(A) or (B) of this section, is no more than 6% less than the corresponding certification test capacity, as follows: Where: q CVP,F,Low Low q F,Low Low q CVP,H1,Low Low q H1,Low Low (D) Determine whether the measured efficiency for the full and minimum load interval, as evaluated per the CVP conducted in paragraph (k)(4)(i)(A) or (B) of this section, is no more than 10% less than the corresponding certification test efficiency, as follows: (E) Cooling and heating efficiency requirements are shown using EER2 and COP2 to align with testing in accordance with appendix M1 to subpart B of 10 CFR part 430. When testing in accordance with appendix M2 to subpart B of 10 CFR part 430, replace EER2 with EER, and COP2 with COP. (iv) Evaluation of results when CVP tolerances are met. (v) Evaluation of results when CVP tolerances are not met. (A) The instructions of this paragraph shall be applied to systems for which the same control device used as per the CVP conducted in paragraph (k)(4)(i)(A) or (B) of this section is used as the means for overriding the controls, and both of the following are supported by the control device: monitoring of the compressor and indoor blower speed during native-control operation without otherwise impacting the control of the system; and monitoring and adjustment of the compressor and indoor blower speed during certification tests, where monitoring and adjustment means the control device has the ability to display and make discrete adjustments, as required, to the compressor and indoor blower speeds without additional hardware or non-publicly available software. ( 1 ( 2 H3,Full H3,Full k=2 hcalc k=2 hcalc H Low H Low thi,H2,Low H2,Low Table 1 to Paragraph ( k v CVP test Certification tests that use the indicated CVP test compressor speed or would have certification test Variable capacity certified, single capacity system Variable capacity certified, Variable capacity system A Full A Full Full A Full Full A Full Full F Low N/A B Low Low B Low Low H1 Low N/A H0 Low Low Low H0 Low Low H3 Full H2 Full Full H3 Full H3 Full H4 Full H4 Full H4 Full H4 Full (B) The instructions of this paragraph shall be applied to systems for which the means for overriding the compressor and indoor blower speed as discussed in paragraph (k)(4)(v)(A) of this section is not provided by the control used for conducting the CVP. For each of the CVP tests listed in the first column of table 1 to paragraph (k)(4)(v)(A) of this section for which either the capacity tolerances of paragraph (k)(4)(iii)(B) or (C) of this section are not met or the efficiency tolerances of paragraph (k)(4)(iii)(D) of this section are not met, depending on which of the three kinds of system the model is designated, the certification test results to be adjusted based on the results of the CVP test are indicated by the last three columns of the table for each CVP test listed in the first column. ( 1 Full Low Low Full Full Cooling full capacity: Cooling full power: Cooling minimum capacity: Cooling minimum power: Heating minimum capacity: Heating minimum power: Where: CSF = 0.0204/ °F, capacity slope factor for Split Systems CSF = 0.0262/ °F, capacity slope factor for Single Package Units PSF = 0.00455/ °F, power slope factor for all products ( 2 H3,Full H3,Full k=2 hcalc k=2 hcalc H Low H Low thi,H2,Low H2,Low (C) If the test unit is determined to be variable capacity certified, single capacity system, or variable capacity certified, two capacity system and is not certified or marketed for use with only a proprietary control device, the same simulated thermostat low voltage signal that resulted in full speed compressor operation for the full load intervals shall be used for all certification full load tests. If the test unit is determined to be variable capacity certified, two capacity system and is not certified or marketed for use with only a proprietary control device the same simulated thermostat low voltage signal that resulted in low-speed compressor operation for the low load intervals shall be used for all certification low load tests. (l) Miscellaneous refrigeration products Verification of total refrigerated volume. (i) The measurement is within two percent, or 0.5 cubic feet (0.2 cubic feet for products with total refrigerated volume less than 7.75 cubic feet (220 liters)), whichever is greater, of the certified total refrigerated volume; or (ii) The measurement is greater than the certified total refrigerated volume. (A) If the certified total refrigerated volume is found to be valid, the certified adjusted total volume will be used as the basis for calculating the maximum allowed energy use for the tested basic model. (B) If the certified total refrigerated volume is found to be invalid, the average measured adjusted total volume, rounded to the nearest 0.1 cubic foot, will serve as the basis for calculating the maximum allowed energy use for the tested basic model. (2) Test for models with two compartments, each having its own user-operable temperature control. (m) Commercial packaged boilers Verification of fuel input rate. (i) If the measured fuel input rate is within two-percent of the certified rated input, the certified rated input will serve as the basis for determination of the appropriate equipment class(es) and the mean measured fuel input rate will be used as the basis for calculation of combustion and/or thermal efficiency for the basic model. (ii) If the measured fuel input rate for a gas-fired commercial packaged boiler is not within two-percent of the certified rated input, DOE will first attempt to increase or decrease the gas manifold pressure within the range specified in manufacturer's installation and operation manual shipped with the commercial packaged boiler being tested (or, if not provided in the manual, in supplemental instructions provided by the manufacturer pursuant to § 429.60(b)(4) of this chapter) to achieve the certified rated input (within two-percent). If the fuel input rate is still not within two-percent of the certified rated input, DOE will attempt to increase or decrease the gas inlet pressure within the range specified in manufacturer's installation and operation manual shipped with the commercial packaged boiler being tested (or, if not provided in the manual, in supplemental instructions provided by the manufacturer pursuant to § 429.60(b)(4)) to achieve the certified rated input (within two-percent). If the fuel input rate is still not within two-percent of the certified rated input, DOE will attempt to modify the gas inlet orifice if the unit is equipped with one. If the fuel input rate still is not within two percent of the certified rated input, the mean measured fuel input rate (either for a single unit sample or the average of the measured fuel input rates for a multiple unit sample) will serve as the basis for determination of the appropriate equipment class(es) and calculation of combustion and/or thermal efficiency for the basic model. (iii) If the measured fuel input rate for an oil-fired commercial packaged boiler is not within two-percent of the certified rated input, the mean measured fuel input rate (either for a single unit sample or the average of the measured fuel input rates for a multiple unit sample) will serve as the basis for determination of the appropriate equipment class(es) and calculation of combustion and/or thermal efficiency for the basic model. (2) Models capable of producing both hot water and steam. (n) Commercial water heating equipment other than residential-duty commercial water heaters Verification of fuel input rate. (i) If the certified rated input is found to be valid, then the certified rated input will serve as the basis for determination of the appropriate equipment class and calculation of the standby loss standard (as applicable). (ii) If the measured fuel input rate for gas-fired commercial water heating equipment is not within two percent of the certified rated input, DOE will first attempt to increase or decrease the gas outlet pressure within 10 percent of the value specified on the nameplate of the model of commercial water heating equipment being tested to achieve the certified rated input (within 2 percent). If the fuel input rate is still not within two percent of the certified rated input, DOE will attempt to increase or decrease the gas supply pressure within the range specified on the nameplate of the model of commercial water heating equipment being tested. If the measured fuel input rate is still not within two percent of the certified rated input, DOE will attempt to modify the gas inlet orifice, if the unit is equipped with one. If the measured fuel input rate still is not within two percent of the certified rated input, the measured fuel input rate will serve as the basis for determination of the appropriate equipment class and calculation of the standby loss standard (as applicable). (iii) If the measured fuel input rate for oil-fired commercial water heating equipment is not within two percent of the certified rated input, the measured fuel input rate will serve as the basis for determination of the appropriate equipment class and calculation of the standby loss standard (as applicable). (2) [Reserved] (o) Uninterruptible power supplies. (i) When testing according to appendix Y to subpart B of part 430, perform the UPS architecture tests specified in the definitions of VI, VFD, and VFI in sections 2.27.1 through 2.27.3 of appendix Y to subpart B of 10 CFR part 430. (ii) When testing according to appendix Y1 to subpart B of part 430, perform the UPS architecture tests specified in the definitions of VI, VFD, and VFI in sections 2.28.1 through 2.28.3 of appendix Y1 to subpart B of 10 CFR part 430. (2) [Reserved] (p) Compressors Verification of full-load operating pressure. (A) 90 percent of the measured maximum full-flow operating pressure; or (B) 10 psig less than the measured maximum full-flow operating pressure. (ii) If the certified full-load operating pressure is found to be valid, then the certified value will be used as the full-load operating pressure and will be the basis for determination of full-load actual volume flow rate, pressure ratio at full-load operating pressure, specific power, and package isentropic efficiency. (iii) If the certified full-load operating pressure is found to be invalid, then the measured maximum full-flow operating pressure will be used as the full-load operating pressure and will be the basis for determination of full-load actual volume flow rate, pressure ratio at full-load operating pressure, specific power, and package isentropic efficiency. (2) Verification of full-load actual volume flow rate. Table 1 of § 429.134—Allowable Percentage Deviation From the Certified Full-Load Actual Volume Flow Rate Manufacturer certified full-load actual volume flow rate 3 −3 Allowable 0 < and ≤ 8.3 ±7 8.3 < and ≤ 25 ±6 25 < and ≤ 250 ±5 > 250 ±4 (i) If the certified value of full-load actual volume flow rate is found to be valid, the full-load actual volume flow rate certified by the manufacturer will be used as the basis for determination of the applicable standard. (ii) If the certified value of full-load actual volume flow rate is found to be invalid, the entire sample (one or multiple units) will be considered as failing the enforcement test. (3) Ancillary equipment. (q) Walk-in coolers and walk-in freezers. (2) Verification of refrigeration system net capacity. (3) Verification of door surface area. (i) If the certified surface area is found to be valid, the certified surface area will be used as the basis for calculating the maximum energy consumption (kWh/day) of the basic model. (ii) If the certified surface area is found to be invalid, the average measured surface area will serve as the basis for calculating the maximum energy consumption (kWh/day) of the basic model. (4) Verification of door electricity-consuming device power. (i) For electricity-consuming devices with controls, the maximum input wattage observed while energizing the device and activating the control shall be considered the measured input power. For anti-sweat heaters that are controlled based on humidity levels, the control may be activated by increasing relative humidity in the region of the controls without damaging the sensor. For lighting fixtures that are controlled with motion sensors, the control may be activated by simulating motion in the vicinity of the sensor. Other kinds of controls may be activated based on the functions of their sensor. (ii) [Reserved] (r) Portable air conditioners. Verification of seasonally adjusted cooling capacity. (1) If the certified seasonally adjusted cooling capacity is found to be valid, the certified value will be used as the basis for determining the minimum allowed combined energy efficiency ratio for the basic model. (2) If the certified seasonally adjusted cooling capacity is found to be invalid, the average measured seasonally adjusted cooling capacity will be used to determine the minimum allowed combined energy efficiency ratio for the basic model. (s) Direct Expansion-Dedicated Outdoor Air Systems. 1 (2) If the manufacturer certified testing in accordance with Option 1 using default VERS exhaust air transfer ratio (EATR) values or Option 2 using default VERS effectiveness and EATR values, DOE may determine the integrated seasonal moisture removal efficiency 2 (ISMRE2) and/or the integrated seasonal coefficient of performance 2 (ISCOP2) using the default values or by conducting testing to determine VERS performance according to the DOE test procedure in appendix B to subpart F of part 431 of this chapter (with the minimum purge angle and zero pressure differential between supply and return air). (3) If the manufacturer certified testing in accordance with Option 1 using VERS exhaust air transfer ratio (EATR) values or Option 2 using VERS effectiveness and EATR values determined using an analysis tool certified in accordance with the DOE test procedure in appendix B to subpart F of part 431 of this chapter, DOE may conduct its own testing to determine VERS performance in accordance with the DOE test procedure in appendix B to subpart F of part 431 of this chapter. (i) DOE would use the values of VERS performance certified to DOE ( i.e. i.e. i.e. (ii) If any of the conditions in paragraph (s)(2)(i) of this section do not hold true, then the mean of the measured values will be used as the basis for determining the ISMRE2 and/or ISCOP2 of the basic model. (t) Ceiling Fans Verification of blade span. (i) If DOE determines that the represented blade span is valid, that blade span will be used as the basis for determining the product class and calculating the minimum allowable ceiling fan efficiency. (ii) If DOE determines that the represented blade span is invalid, DOE will use the rounded measured blade span(s) as the basis for determining the product class, and calculating the minimum allowable ceiling fan efficiency. (2) Verification of the distance between the ceiling and lowest point of fan blades. (i) If DOE determines that the represented distance is valid, that distance will be used as the basis for determining the product class. (ii) If DOE determines that the represented distance is invalid, DOE will use the rounded measured distance(s) as the basis for determining the product class. (3) Verification of blade revolutions per minute (RPM) measured at high speed. (i) If DOE determines that the represented RPM is valid, that RPM will be used as the basis for determining the product class. (ii) If DOE determines that the represented RPM is invalid, DOE will use the rounded measured RPM(s) as the basis for determining the product class. (4) Verification of blade edge thickness. (i) If DOE determines that the represented blade edge thickness is valid, that blade edge thickness will be used for determining product class. (ii) If DOE determines that the represented blade edge thickness is invalid, DOE will use the rounded measured blade edge thickness(es) as the basis for determining the product class. (u) Battery chargers verification of reported represented value obtained from testing in accordance with appendix Y1 of 10 CFR part 430 subpart B when using an external power supply. (v) Variable refrigerant flow multi-split air conditioners and heat pumps (other than air-cooled with rated cooling capacity less than 65,000 btu/h). (1) Specific components. (2) Manufacturer involvement in assessment or enforcement testing. (i) Manufacturer involvement in CVP. (ii) Manufacturer involvement in heating tests and IEER cooling tests. (3) Controls Verification Procedure (CVP). (i) Conducting the CVP (ii) Validating critical parameters (A) The duration of the period used for validating certified critical parameter values must be whichever of the following is longer: three minutes, or the time period needed to obtain five sample readings while meeting the minimum data collection interval requirements of Table C2 of AHRI 1230-2021. (B) If at least one measurement period with duration identified in paragraph (v)(3)(ii)(A) of this section exists before t OFF (C) If no measurement period with duration identified in paragraph (v)(3)(ii)(A) of this section exists before t OFF (iii) Determining critical parameters for use in steady-state IEER cooling tests. (A) Validated critical parameter settings. (B) Invalidated critical parameter settings. ( 1 off ( 2 1 3) ( 3 ( i ( ii CP Max CP Max (4) Break-in period. (w) Automatic commercial ice makers—verification of harvest rate. (1) If the certified harvest rate is found to be valid, the certified harvest rate will be used as the basis for determining the maximum energy use and maximum condenser water use, if applicable, allowed for the basic model. (2) If the certified harvest rate is found to be invalid, the average measured harvest rate of the units in the sample will be used as the basis for determining the maximum energy use and maximum condenser water use, if applicable, allowed for the basic model. (x) Single package vertical air conditioners and heat pumps. (1) Verification of cooling capacity. (2) Specific components. 1 (3) Validation of outdoor ventilation airflow rate. (i) The outdoor ventilation airflow rate validation shall be conducted at the conditions specified in Table 3 of AHRI 390-2021 (incorporated by reference, see § 429.4), Full Load Standard Rating Capacity Test, Cooling, except for the following: The outdoor ventilation airflow rate shall be determined at 0 in. H 2 2 (ii) When validating the outdoor ventilation airflow rate, the outdoor air inlet pressure shall be 0.00 in. H 2 2 (y) Air-cooled, three-phase, small commercial package air conditioning and heating equipment with a cooling capacity of less than 65,000 Btu/h and air-cooled, three-phase, variable refrigerant flow multi-split air conditioners and heat pumps with a cooling capacity of less than 65,000 Btu/h. (1) Verification of cooling capacity. (2) Verification of C D value. c h c h c h c h (ii) For models of outdoor units with no match, DOE will use the default value of Cc and/or Ch specified in the test procedure in appendix F1 to subpart F of part 431. (z) Dishwashers Determination of Most Energy-Intensive Cycle. (2) Detergent dosing requirement. (aa) Computer room air conditioners. (1) Verification of net sensible cooling capacity. (2) Specific components. 1 (bb) Room air conditioners. (1) If the certified cooling capacity is found to be valid, the certified cooling capacity will be used as the basis for determining the minimum combined energy efficiency ratio allowed for the basic model. (2) If the certified cooling capacity is found to be invalid, the average measured cooling capacity of the units in the sample will be used as the basis for determining the minimum combined energy efficiency ratio allowed for the basic model. (cc) Pool heaters. (1) Verification of input capacity for gas-fired pool heaters. (i) If the representative value of input capacity is found to be valid, the certified input capacity will serve as the basis for determination of the applicable standard and the mean measured input capacity will be used as the basis for calculation of the integrated thermal efficiency standard for the basic model. (ii) If the representative value of input capacity is not within two percent of the certified input capacity, DOE will first attempt to increase or decrease the gas pressure within the range specified in manufacturer's installation and operation manual shipped with the gas-fired pool heater being tested to achieve the certified input capacity (within two percent). If the input capacity is still not within two percent of the certified input capacity, DOE will attempt to modify the gas inlet orifice. If the input capacity still is not within two percent of the certified input capacity, the mean measured input capacity (either for a single unit sample or the average for a multiple unit sample) determined from the tested units will serve as the basis for calculation of the integrated thermal efficiency standard for the basic model. (2) Verification of active electrical power for electric pool heaters. (i) If the representative value of active electrical power is found to be valid, the certified active electrical power will serve as the basis for determination of the applicable standard and the mean measured active electrical power will be used as the basis for calculation of the integrated thermal efficiency standard for the basic model. (ii) If the representative value of active electrical power is not within five percent of the certified active electrical power, the mean measured active electrical power (either for a single unit sample or the average for a multiple unit sample) determined from the tested units will serve as the basis for calculation of the integrated thermal efficiency standard for the basic model. (dd) Water-Source Heat Pumps. (1) Verification of Cooling Capacity. (2) Specific Components. 1 (ee) Dedicated-purpose pool pump motors. (2) To verify that dedicated-purpose pool pump motor comply with the applicable freeze protection design requirements, a test in accordance with section 6 of UL 1004-10:2022 will be conducted. (ff) Commercial refrigerators, freezers, and refrigerator-freezers Verification of volume. (i) If the certified volume is found to be valid, the certified volume will be used as the basis for determining the maximum daily energy consumption allowed for the basic model. (ii) If the certified volume is found to be invalid, the average measured volume of the units in the sample will be used as the basis for determining the maximum daily energy consumption allowed for the basic model. (2) Verification of total display area. (i) If the certified total display area is found to be valid, the certified total display area will be used as the basis for determining the maximum daily energy consumption allowed for the basic model. (ii) If the certified total display area is found to be invalid, the average measured total display area of the units in the sample will be used as the basis for determining the maximum daily energy consumption allowed for the basic model. (3) Determination of pull-down temperature application. (i) 12-ounce beverage can temperatures will be measured for 12-ounce beverage cans loaded at the locations within the commercial refrigerator that are as close as possible to the locations that would be measured by test simulators according to the test procedure for commercial refrigerators specified in § 431.64 of this chapter. (ii) The commercial refrigerator will be operated at ambient conditions consistent with those specified for commercial refrigerators in § 431.64 of this chapter and at the control setting necessary to achieve a stable integrated average temperature of 38 °F, prior to loading. (iii) 12-ounce beverage cans to be fully loaded into the commercial refrigerator (with and without temperature measurements) will be maintained at 90 °F ±2 °F based on the average measured 12-ounce beverage can temperatures prior to loading into the commercial refrigerator. (iv) The duration of pull-down (which must be 12 hours or less) will be determined starting from closing the commercial refrigerator door after completing the 12-ounce beverage can loading until the integrated average temperature reaches 38 °F ±2 °F. (v) An average stable temperature of 38 °F will be determined by operating the commercial refrigerator for an additional 12 hours after initially reaching 38 °F ±2 °F with no changes to control settings, and determining an integrated average temperature of 38 °F ±2 °F at the end of the 12 hour stability period. [79 FR 22348, Apr. 21, 2014, as amended at 79 FR 40566, July 11, 2014; 80 FR 37148, June 30, 2015; 80 FR 45824, July 31, 2015; 80 FR 46760, Aug. 5, 2015; 80 FR 79669, Dec. 23, 2015; 81 FR 2646, Jan. 15, 2016; 81 FR 15426, Mar. 23, 2016; 81 FR 24009, Apr. 25, 2016; 81 FR 37055, June 8, 2016; 81 FR 38395, June 13, 2016; 81 FR 46791, July 18, 2016; 81 FR 79320, Nov. 10, 2016; 81 FR 96236, Dec. 29, 2016; 81 FR 89304, Dec. 9, 2016; 81 FR 89822, Dec. 12, 2016; 81 FR 95800, Dec. 28, 2016; 82 FR 1100, Jan. 4, 2017; 82 FR 36919, Aug. 7, 2017; 85 FR 1446, Jan. 10, 2020; 86 FR 56820, Oct. 12, 2021; 87 FR 33379, June 1, 2022; 87 FR 45197, July 27, 2022; 87 FR 50423, Aug. 16, 2022; 87 FR 55122, Sept. 8, 2022; 87 FR 57298, Sept. 19, 2022; 87 FR 63895, Oct. 20, 2022; 87 FR 65667, 65899, Nov. 1, 2022; 87 FR 75167, Dec. 7, 2022; 87 FR 77324, Dec. 16, 2022; 88 FR 3276, Jan. 18, 2023; 88 FR 15537, Mar. 13, 2023; 88 FR 17975, Mar. 24, 2023; 88 FR 21838, Apr. 11, 2023; 88 FR 28837, May 4, 2023; 88 FR 40472, June 21, 2023; 88 FR 34362, May 26, 2023; 88 FR 34702, May 30, 2023; 88 FR 48357, July 27, 2023; 88 FR 66222, Sept. 26, 2023; 88 FR 67041, Sept. 28, 2023; 88 FR 84228, Dec. 4, 2023; 89 FR 37942, May 6, 2024; 89 FR 44035, May 20, 2024; 89 FR 82070, Oct. 9, 2024; 90 FR 6790, Jan. 21, 2025; 90 FR 1278, Jan. 7, 2025; 90 FR 43371, 43384, Sept. 9, 2025] Regional Standards Enforcement Procedures § 429.140 Regional standards enforcement procedures. Sections 429.140 through 429.158 provide enforcement procedures specific to the violations enumerated in § 429.102(c). These provisions explain the responsibilities of manufacturers, private labelers, distributors, contractors and dealers with respect to central air conditioners subject to regional standards; however, these provisions do not limit the responsibilities of parties otherwise subject to 10 CFR parts 429 and 430. [81 FR 45402, July 14, 2016] § 429.142 Records retention. (a) Record retention. Contractors and dealers. (A) For split-system central air conditioner outdoor units: (B) For split-system central air conditioner indoor units: (ii) Contractors and dealers must retain the following, additional records for at least 48 months from the date of installation of a central air conditioner in the states of Arizona, California, Nevada, and New Mexico: (A) For single-package central air conditioners: (B) [Reserved] (2) Distributors. (i) For split-system central air conditioner outdoor units: (ii) For single-package air conditioners: (3) Manufacturers and private labelers. (i) For split system air conditioner outdoor units: (ii) For split system central air conditioner indoor units: (iii) For single-package central air conditioners: (b) [Reserved] [81 FR 45402, July 14, 2016] § 429.144 Records request. (a) DOE must have reasonable belief a violation has occurred to request records specific to an on-going investigation of a violation of central air conditioner regional standards. (b) Upon request, the manufacturer, private labeler, distributor, dealer, or contractor must provide to DOE the relevant records within 30 calendar days of the request. (1) DOE, at its discretion, may grant additional time for records production if the party from whom records have been requested has made a good faith effort to produce records. (2) To request additional time, the party from whom records have been requested must produce all records gathered in 30 days and provide to DOE a written explanation of the need for additional time with the requested date for completing the production of records. [81 FR 45402, July 14, 2016] § 429.146 Notice of violation. (a) If DOE determines a party has committed a violation of regional standards, DOE will issue a Notice of Violation advising that party of DOE's determination. (b) If, however, DOE determines a noncompliant installation occurred in only one instance, the noncompliant installation is remediated prior to DOE issuing a Notice of Violation, and the party has no history of prior violations, DOE will not issue such notice. (c) If DOE does not find a violation of regional standards, DOE will notify the party under investigation. [81 FR 45403, July 14, 2016] § 429.148 Routine violator. (a) DOE will consider, inter alia, (b) In the event that DOE determines a person to be a routine violator, DOE will issue a Notice of Finding of Routine Violation. (c) In making a finding of Routine Violation, DOE will consider whether the Routine Violation was limited to a specific location. If DOE finds that the routine violation was so limited, DOE may, in its discretion, in the Notice of Finding of Routine Violation limit the prohibition on manufacturer and/or private labeler sales to a particular contractor or distribution location. [81 FR 45403, July 14, 2016] § 429.150 Appealing a finding of routine violation. (a) Any person found to be a routine violator may, within 30 calendar days after the date of Notice of Finding of Routine Violation, request an administrative appeal to the Office of Hearings and Appeals. (b) The appeal must present information rebutting the finding of violation(s). (c) The Office of Hearings and Appeals will issue a decision on the appeal within 45 days of receipt of the appeal. (d) A routine violator must file a Notice of Intent to Appeal with the Office of Hearings and Appeals within three business days of the date of the Notice of Finding of Routine Violation, serving a copy on the Office of the Assistant General Counsel for Enforcement to retain the ability to buy central air conditioners during the pendency of the appeal. [81 FR 45403, July 14, 2016] § 429.152 Removal of finding of “routine violator”. (a) A routine violator may be removed from DOE's list of routine violators through completion of remediation in accordance with the requirements in § 429.154. (b) A routine violator that wants to remediate must contact the Office of the Assistant General Counsel for Enforcement via the point of contact listed in the Notice of Finding of Routine Violation and identify the distributor(s), manufacturer(s), or private labeler(s) from whom it wishes to buy compliant replacement product. (c) DOE will contact the distributor(s), manufacturer(s), or private labeler(s) and authorize sale of central air conditioner units to the routine violator for purposes of remediation within 3 business days of receipt of the request for remediation. DOE will provide the manufacturer(s), distributor(s), and/or private labeler(s) with an official letter authorizing the sale of units for purposes of remediation. (d) DOE will contact routine violators that requested units for remediation within 30 days of sending the official letter to the manufacturer(s), distributor(s), and/or private labeler(s) to determine the status of the remediation. (e) If remediation is successfully completed, DOE will issue a Notice indicating a person is no longer considered to be a routine violator. The Notice will be issued no more than 30 days after DOE has received documentation demonstrating that remediation is complete. [81 FR 45403, July 14, 2016] § 429.154 Remediation. (a) Any party found to be in violation of the regional standards may remediate by replacing the noncompliant unit at cost to the violator; the end user cannot be charged for any costs of remediation. (1) If a violator is unable to replace all noncompliant installations, then the Department may, in its discretion, consider the remediation complete if the violator satisfactorily demonstrates to the Department that it attempted to replace all noncompliant installations. (2) The Department will scrutinize any “failed” attempts at replacement to ensure that there was indeed a good faith effort to complete remediation of the noncompliant unit. (b) The violator must provide to DOE the serial number of any outdoor unit and/or indoor unit installed not in compliance with the applicable regional standard as well as the serial number(s) of the replacement unit(s) to be checked by the Department against warranty and other replacement claims. (c) If the remediation is approved by the Department, then DOE will issue a Notice of Remediation and the violation will not count towards a finding of “routine violator”. [81 FR 45403, July 14, 2016] § 429.156 Manufacturer and private labeler liability. (a) In accordance with § 429.102, paragraphs (a)(10) and (c), manufacturers and private labelers are prohibited from selling central air conditioners and heat pumps to a routine violator. (1) To avoid financial penalties, manufacturers and/or private labelers must cease sales to a routine violator within 3 business days from the date of issuance of a Notice of Finding of Routine Violation. (2) If a Routine Violator files a Notice of Intent to Appeal pursuant to § 429.150, then a manufacturer and/or private labeler may assume the risk of selling central air conditioners to the Routine Violator during the pendency of the appeal. (3) If the appeal of the Finding of Routine Violator is denied, then the manufacturer and/or private labeler may be fined in accordance with § 429.120, for sale of any units to a routine violator during the pendency of the appeal that do not meet the applicable regional standard. (b) If a manufacturer and/or private labeler has knowledge of routine violation, then the manufacturer can be held liable for all sales that occurred after the date the manufacturer had knowledge of the routine violation. However, if the manufacturer and/or private labeler reports its suspicion of a routine violation to DOE within 15 days of receipt of such knowledge, then it will not be liable for product sold to the suspected routine violator prior to reporting the routine violation to DOE. [81 FR 45403, July 14, 2016] § 429.158 Product determined noncompliant with regional standards. (a) If DOE determines a model of outdoor unit fails to meet the applicable regional standard(s) when tested in a combination certified by the same manufacturer, then the outdoor unit basic model will be deemed noncompliant with the regional standard(s). In accordance with § 429.102(a)(10), the outdoor unit manufacturer and/or private labeler is liable for distribution of noncompliant units in commerce. (b) If DOE determines a combination fails to meet the applicable regional standard(s) when tested in a combination certified by a manufacturer other than the outdoor unit manufacturer (e.g., ICM), then that combination is deemed noncompliant with the regional standard(s). In accordance with § 429.102(a)(10), the certifying manufacturer is liable for distribution of noncompliant units in commerce. (c) All such units manufactured and distributed in commerce are presumed to have been installed in a region where they would not comply with the applicable energy conservation standard; however, a manufacturer and/or private labeler may demonstrate through installer records that individual units were installed in a region where the unit is compliant with the applicable standards. [81 FR 45404, July 14, 2016, as amended at 87 FR 64586, Oct. 25, 2022] Appendix A to Subpart C of Part 429—Sampling Plan for Enforcement Testing of Covered Consumer Products and Certain High-Volume Commercial Equipment (a) The first sample size ( n 1 (b) Compute the mean of the measured energy performance (x 1 where x i 1 (c) Compute the standard deviation (s 1 1 (d) Compute the standard error (s x1 1 (e)(1) Compute the upper control limit (UCL 1 1 LCL 1 ts X 1 X where t is the statistic based on a 95 percent two-tailed probability level with degrees of freedom (n 1 (2) For an energy efficiency or water efficiency standard, compare the mean of the first sample (x 1 1 1 (i) If the mean of the first sample is below the lower control limit, then the basic model is in noncompliance and testing is at an end. (Do not go on to any of the steps below.) (ii) If the mean of the first sample is equal to or greater than the upper control limit, then the basic model is in compliance and testing is at an end. (Do not go on to any of the steps below.) (iii) If the sample mean is equal to or greater than the lower control limit but less than the upper control limit, then no determination of compliance or noncompliance can be made and a second sample size is determined by Step (e)(3). (3) For an energy efficiency or water efficiency standard, determine the second sample size (n 2 where s 1 1 2 2 (i) If the value of n 2 1 1 i.e., 2 1 1 (ii) If the value of n 2 1 1 i.e., 2 1 1 (iii) If the value of n 2 2 2 1 2 1 (4) Compute the combined mean (x 2 1 2 (5) Compute the standard error (S x2 1 2 Note: s 1 (6) For an energy efficiency standard (EES), compute the lower control limit (LCL 2 where the t-statistic has the value obtained in Step (e)(1) and s x2 (7) For an energy efficiency standard (EES), compare the combined sample mean (x 2 2 (i) If the mean of the combined sample (x 2 2 i.e., 2 2 (iii) If the mean of the combined sample (x 2 2 i.e., 2 2 (f)(1) Compute the upper control limit (UCL 1 1 where t is the statistic based on a 95 percent two-tailed probability level with degrees of freedom (n 1 (2) For an energy or water consumption standard, compare the mean of the first sample (x 1 1 1 (i) If the mean of the first sample is above the upper control limit, then the basic model is in noncompliance and testing is at an end. (Do not go on to any of the steps below.) (ii) If the mean of the first sample is equal to or less than the lower control limit, then the basic model is in compliance and testing is at an end. (Do not go on to any of the steps below.) (iii) If the sample mean is equal to or less than the upper control limit but greater than the lower control limit, then no determination of compliance or noncompliance can be made and a second sample size is determined by Step (f)(3). (3) For an Energy or Water Consumption Standard, determine the second sample size (n 2 where s 1 1 2 2 (i) If the value of n 2 1 1 i.e., 2 1 1 (ii) If the value of n 2 1 1 i.e., 2 1 1 (iii) If the value of n 2 2 2 1 2 1 (4) Compute the combined mean (x 2 1 2 (5) Compute the standard error (S x2 1 2 Note: s 1 (6) For an energy or water consumption standard (ECS), compute the upper control limit (UCL 2 where the t-statistic has the value obtained in (f)(1). (7) For an energy or water consumption standard (ECS), compare the combined sample mean (x 2 2 (i) If the mean of the combined sample (x 2 2 i.e., 2 2 (ii) If the mean of the combined sample (x 2 2 i.e., 2 2 Appendix B to Subpart C of Part 429—Sampling Plan for Enforcement Testing of Covered Equipment and Certain Low-Volume Covered Products The Department will determine compliance as follows: (a) The first sample size (n 1 (b) Compute the mean of the measured energy performance (x 1 where x i 1 (c) Compute the standard deviation (s 1 1 (d) Compute the standard error (s x1 1 (e)(1) For an energy efficiency standard (EES), determine the appropriate lower control limit (LCL 1 And use whichever is greater. Where EES is the energy efficiency standard and t is a statistic based on a 97.5 percent, one-sided confidence limit and a sample size of n 1 (2) For an energy consumption standard (ECS), determine the appropriate upper control limit (UCL 1 And use whichever is less, where ECS is the energy consumption standard and t is a statistic based on a 97.5 percent, one-sided confidence limit and a sample size of n 1 (f)(1) Compare the sample mean to the control limit. (i) The basic model is in compliance and testing is at an end if: (A) For an energy or water efficiency standard, the sample mean is equal to or greater than the lower control limit, or (B) For an energy or water consumption standard, the sample mean is equal to or less than the upper control limit. Appendix C to Subpart C of Part 429—Sampling Plan for Enforcement Testing of Distribution Transformers (a) When testing distribution transformers, the number of units in the sample (m 1 (1) If DOE tests four or more units, it will test each unit once; (2) If DOE tests two or three units, it will test each unit twice; or (3) If DOE tests one unit, it will test that unit four times. (b) DOE shall determine compliance as follows: (1) Compute the mean (X 1 1 where X i (2) Compute the sample standard deviation (S 1 1 (3) Compute the standard error (SE(X 1 (4) Compute the sample size discount (SSD(m 1 where m 1 (5) Compute the lower control limit (LCL 1 (6) Compare the mean of the first sample (X 1 1 (i) If the mean of the first sample is below the lower control limit, then the basic model is not compliant and testing is at an end. (ii) If the mean is equal to or greater than the lower control limit, no final determination of compliance or noncompliance can be made; proceed to Step (7). (7) Determine the recommended sample size (n) as follows: Given the value of n, determine one of the following: (i) If the value of n is less than or equal to n 1 1 1 (ii) If the value of n is greater than n 1 2 1 2 1 2 1 (8) Compute the combined (X 2 1 2 (9) Compute the standard error (SE(X 2 1 2 (Note that S 1 (10) Set the lower control limit (LCL 2 where t has the value obtained in (5) and SSD(m 1 2 2 (i) If the mean of the combined sample (X 2 2 (ii) If the mean of the combined sample (X 2 2 [76 FR 12451, Mar. 7, 2011; 76 FR 24781, May 2, 2011] Appendix D to Subpart C of Part 429—Sampling Plan for Enforcement Testing of Uninterruptible Power Supplies (a) The minimum sample size for enforcement testing will be one unit. (b) Compute the average load adjusted efficiency ( Eff avg (c) Determine the applicable DOE energy efficiency standard (EES). (d) If all Eff avg (e) If any Eff avg [81 FR 89822, Dec. 12, 2016]

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