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Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Proposed Rules
system manufacturers. All VRF multisplit system manufacturers are AHRI
members; DOE is referencing the prevailing industry test procedure that was established for use in AHRIs certification program which DOE
presumes will be updated to include IEER in terms of the latest industry test procedure AHRI 12302021. Therefore, DOE expects that manufacturers will begin testing using the test methods in AHRI 12302021, and the testing burden will already be incurred from AHRI members participating in AHRIs certification program. Additionally, DOE has tentatively determined that the test procedure amendments, if finalized, would not require manufacturers to redesign any of the covered equipment, would not require changes to how the equipment is manufactured, and would not impact the utility of the equipment.
Issue 19: DOE requests comment on its understanding of the impact of the test procedure proposals in this NOPR, specifically DOEs initial conclusion that the proposed DOE test procedure amendments, if finalized, would not increase testing burden on VRF multisplit system manufacturers, compared to current industry practice as indicated by AHRI 12302021.

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L. Reserved Appendices for Test Procedures for Commercial Air Conditioning and Heating Equipment DOE is proposing to relocate and centralize the current test procedures for VRF multi-split systems to a new appendix D to subpart F of part 431. As proposed, appendix D would not amend the current test procedures. Appendix D
would continue to reference ANSI/AHRI
12302010 and provide instructions for determining EER and COP.
Correspondingly, DOE is proposing to update the existing incorporation by reference of ANSI/AHRI 12302010 at 431.95 so that the incorporation by reference applies to appendix D.
Appendix D would also centralize the additional test provisions currently applicable under 431.96 431.96c through f. VRF multi-split systems would be required to be tested according to appendix D, absent amendments to the applicable energy conservation standards to rely on the IEER metric.
DOE also proposes to adopt the updated version of AHRI 1230, AHRI
12302021, including the IEER metric in a new appendix D1 to subpart F of part 431. VRF multi-split systems would not be required to test according to appendix D1 until compliance is required with amended energy conservation standards that rely on the
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IEER metric, should DOE adopt such standards.
M. Compliance Date EPCA prescribes that, if DOE amends a test procedure, all representations of energy efficiency and energy use, including those made in the context of certification and on marketing materials and product labels, must be made in accordance with that amended test procedure, beginning 360 days after publication of such a test procedure final rule in the Federal Register. 42
U.S.C. 6314d1
EPCA also provides an allowance for individual manufacturers to petition DOE for an extension if the manufacturer may experience undue hardship in meeting the deadline. 42
U.S.C. 6314d2 To receive such an extension should DOE finalize an amended test procedure, petitions must be filed with DOE no later than 60 days before the end of the 360-day period and must detail how the manufacturer will experience undue hardship. Id.
IV. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866
The Office of Management and Budget OMB has determined that this test procedure rulemaking does not constitute a significant regulatory action under section 3f of Executive Order E.O. 12866, Regulatory Planning and Review, 58 FR 51735 Oct.
4, 1993. Accordingly, this action was not subject to review under the Executive order by the Office of Information and Regulatory Affairs OIRA in OMB.
B. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act 5
U.S.C. 601 et seq. requires preparation of an initial regulatory flexibility analysis IRFA for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities.
As required by Executive Order 13272, Proper Consideration of Small Entities in Agency Rulemaking, 67 FR 53461
August 16, 2002, DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the DOE
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies available on the Office of the General Counsels website: www.energy.gov/gc/
office-general-counsel.

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DOE reviewed this proposed rule under the provisions of the Regulatory Flexibility Act and the procedures and policies published on February 19, 2003. DOE certifies that the proposed rule, if adopted, would not have significant economic impact on a substantial number of small entities.
The factual basis of this certification is set forth in the following paragraphs.
DOE is proposing amendments to the test procedures for VRF multi-split systems to satisfy its statutory requirements under EPCA to remain consistent with updates to the applicable industry test procedure and to re-evaluate its test procedures at least once every 7 years. 42 U.S.C.
6314a4A and B; 42 U.S.C.
63141A
DOE proposes to update 431.96
Uniform test method for the measurement of energy efficiency of commercial air conditioners and heat pumps, as follows: 1 Incorporate by reference AHRI 12302021 and ANSI/
ASHRAE 372009 including Errata Sheet issued October 3, 2016; and 2
establish provisions for determining IEER for VRF multi-split systems. DOE
proposes to add new appendices D and D1 to subpart F of part 431, both entitled Uniform test method for measuring the energy consumption of variable refrigerant flow multi-split air conditioners and heat pumps other than air-cooled with rated cooling capacity less than 65,000 Btu/h, appendix D and appendix D1, respectively. The current DOE test procedure for VRF multi-split systems would be relocated to appendix D
without change, and the new test procedure adopting AHRI 12302021
would be established in appendix D1 for determining IEER. Compliance with appendix D1 would not be required until compliance is required with amended energy conservation standards for VRF multi-split systems that rely on IEER, should DOE adopt such standards.
DOE also proposes to update its certification, compliance, and enforcement CCE provisions for VRF
multi-split systems to provide information that is necessary for testing VRF multi-split systems consistent with the updated industry test procedure AHRI 12302021. Most significantly, these proposed changes include the incorporation of the controls verification procedure CVP from AHRI 12302021 into DOEs productspecific enforcement provisions at 429.134, as well as accompanying certification requirements at 429.43.
DOE is also proposing to amend the sampling size requirements for enforcement from a maximum of not
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