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Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Rules and Regulations 1. Referenced Standby Mode and Off Mode Test Standard G. Network Functionality H. Demand Response I. Combined Energy Efficiency Ratio J. Certification and Verification Requirements K. Reorganization of Calculations in 10
CFR 430.23
L. Effective Date, Compliance Date and Waivers M. Test Procedure Costs and Impact 1. Appendix F
2. Additional Amendments IV. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration Act of 1974
M. Congressional Notification N. Description of Materials Incorporated by Reference V. Approval of the Office of the Secretary
I. Authority and Background Room ACs are included in the list of covered products for which DOE is authorized to establish and amend energy conservation standards and test procedures. 42 U.S.C. 6292a2 DOEs energy conservation standards and test procedure for room ACs are currently prescribed at 10 CFR 430.32b and 10
CFR 430.23f, respectively. The following sections discuss DOEs authority to establish test procedures for room ACs and relevant background information regarding DOEs consideration of test procedures for this product.
A. Authority The Energy Policy and Conservation Act, as amended EPCA,1 authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. 42 U.S.C.
62916317 Title III, Part B 2 of EPCA
established the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth a variety of provisions designed to 1 All
references to EPCA in this document refer to the statute as amended through Energy Act of 2020, Public Law 116260 Dec. 27, 2020.
2 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A.

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improve energy efficiency. These products include room ACs, the subject of this document. 42 U.S.C. 6292a2
The energy conservation program under EPCA consists essentially of four parts: 1 Testing, 2 labeling, 3
Federal energy conservation standards, and 4 certification and enforcement procedures. Relevant provisions of EPCA specifically include definitions 42 U.S.C. 6291, test procedures 42
U.S.C. 6293, labeling provisions 42
U.S.C. 6294, energy conservation standards 42 U.S.C. 6295, and the authority to require information and reports from manufacturers 42 U.S.C.
6296.
The testing requirements consist of test procedures that manufacturers of covered products must use as the basis for 1 certifying to DOE that their products comply with the applicable energy conservation standards adopted under EPCA 42 U.S.C. 6295s, and 2
making representations about the efficiency of those products 42 U.S.C.
6293c. Similarly, DOE must use these test procedures to determine whether the products comply with any relevant standards promulgated under EPCA. 42
U.S.C. 6295s Federal energy efficiency requirements for covered products established under EPCA generally supersede State laws and regulations concerning energy conservation testing, labeling, and standards. 42 U.S.C. 6297
DOE may, however, grant waivers of Federal preemption for particular State laws or regulations, in accordance with the procedures and other provisions of EPCA. 42 U.S.C. 6297d Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures DOE must follow when prescribing or amending test procedures for covered products.
EPCA provides that any test procedures prescribed or amended under this section shall be reasonably designed to produce test results which measure energy efficiency, energy use or estimated annual operating cost of a covered product during a representative average use cycle or period of use and shall not be unduly burdensome to conduct. 42 U.S.C. 6293b3
EPCA also requires that, at least once every 7 years, DOE evaluate test procedures for each type of covered product, including room ACs, to determine whether amended test procedures would more accurately or fully comply with the requirements of 42 U.S.C. 6293b3. 42 U.S.C.
6293b1A If the Secretary determines, on his own behalf or in response to a petition by any interested person, that a test procedure should be prescribed or amended, the Secretary
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shall promptly publish in the Federal Register proposed test procedures and afford interested persons an opportunity to present oral and written data, views, and arguments with respect to such procedures. The comment period on a proposed rule to amend a test procedure shall be at least 60 days and may not exceed 270 days. In prescribing or amending a test procedure, the Secretary shall take into account such information as the Secretary determines relevant to such procedure, including technological developments relating to energy use or energy efficiency of the type or class of covered products involved. 42 U.S.C. 6293b2 If DOE
determines that test procedure revisions are not appropriate, DOE must publish its determination not to amend the test procedures. DOE is publishing this final rule in satisfaction of the 7-year review requirement specified in EPCA. 42
U.S.C. 6293b1A
In addition, EPCA requires that DOE
amend its test procedures for all covered products to integrate measures of standby mode and off mode energy consumption into the overall energy efficiency, energy consumption, or other energy descriptor, unless the current test procedure already incorporates the standby mode and off mode energy consumption, or if such integration is technically infeasible. 42 U.S.C.
6295gg2A If an integrated test procedure is technically infeasible, DOE
must prescribe separate standby mode and off mode energy use test procedures for the covered product, if a separate test is technically feasible. Id. Any such amendment must consider the most current versions of the International Electrotechnical Commission IEC Standard 62301 3
and IEC Standard 62087 4 as applicable.
42 U.S.C. 6295gg2A
B. Background DOEs existing test procedure for room ACs appears at Title 10 of the CFR
part 430, subpart B, appendix F
Uniform Test Method for Measuring the Energy Consumption of Room Air Conditioners appendix F, and the room AC performance metric calculations are codified at 10 CFR
430.23f. DOE most recently amended the test procedure for room ACs in a final rule published on January 6, 2011, hereafter the January 2011 Final Rule, which added a test procedure to measure standby mode and off mode 3 IEC 62301, Household electrical appliances Measurement of standby power Edition 2.0, 2011
01.
4 IEC 62087, Methods of measurement for the power consumption of audio, video, and related equipment Edition 3.0, 201104.

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