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Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Proposed Rules
information, Energy conservation, Household appliances, Imports, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Small businesses.
10 CFR Part 431
Administrative practice and procedure, Confidential business information, Energy conservation test procedures, Incorporation by reference, and Reporting and recordkeeping requirements.
Signing Authority This document of the Department of Energy was signed on November 29, 2021, by Kelly J. Speakes-Backman, Principal Deputy Assistant Secretary for Energy Efficiency and Renewable Energy, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register.
Signed in Washington, DC, on November 30, 2021.
Treena V. Garrett, Federal Register Liaison Officer, U.S.
Department of Energy.

For the reasons stated in the preamble, DOE is proposing to amend parts 429 and 431 of chapter II, of title 10, Code of Federal Regulations as set forth below:
PART 429CERTIFICATION, COMPLIANCE, AND ENFORCEMENT
FOR CONSUMER PRODUCTS AND
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
1. The authority citation for part 429
continues to read as follows:

jspears on DSK121TN23PROD with PROPOSALS2

Authority: 42 U.S.C. 62916317; 28 U.S.C.
2461 note.

2. Amend 429.4 by:
a. Revising paragraph a; and b. Redesignating paragraph c2 as paragraph c3 and adding new paragraph c2.
The revision and addition read as follows.

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19:04 Dec 09, 2021

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429.4 Materials incorporated by reference.

a Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register in accordance with 5 U.S.C.
552a and 1 CFR part 51. To enforce any edition other than that specified in this section, DOE must publish a document in the Federal Register and the material must be available to the public. All approved material is available for inspection at the U.S.
Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, Sixth Floor, 950 LEnfant Plaza SW, Washington, DC 20024, 2025869127, Buildings@ee.doe.gov, https
www.energy.gov/eere/buildings/
building-technologies-office, and may be obtained from the other sources in this section. It is also available for inspection at the National Archives and Records Administration NARA. For information on the availability of this material at NARA, email: fr.inspection@
nara.gov, or go to: www.archives.gov/
federal-register/cfr/ibr-locations.html.

c
2 AHRI Standard 12302021, AHRI 12302021, 2021 Standard for Performance Rating of Variable Refrigerant Flow VRF Multi-Split AirConditioning and Heat Pump Equipment, IBR approved for 429.43
and 429.134.

3. Amend 429.43 by:
a. Revising the introductory text of paragraphs a, a1iiA, and a1iiB;
b. Adding paragraphs a3 through 5;
c. Revising paragraphs b2xi and xii;
d. Removing paragraph b2xiii;
e. Redesignating paragraphs b2xiv and xv as b2xiii and xiv, respectively;
f. Revising paragraphs b4vii and viii;
g. Removing paragraph b4ix;
h. Redesignating paragraphs b4x through b4xiv as b4ix through b4xiii, respectively;
and i. Adding paragraph b5.
The revisions and additions read as follows.
429.43 Commercial heating, ventilating, air conditioning HVAC equipment.

a Determination of represented values. Manufacturers must determine the represented values, which include the certified ratings, for each basic model of commercial HVAC equipment
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either by testing, in conjunction with the applicable sampling provisions, or by applying an AEDM.
1
ii
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 a3ivB of this section, for which consumers would favor lower values shall be greater than or equal to the higher of:

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 a3ivB of this section, for which consumers would favor higher values shall be less than or equal to the lower of:

3 Product-specific provisions for determination of represented values.
iiii Reserved iv Variable refrigerant flow multisplit air conditioners and heat pumps other than air-cooled with cooling capacity less than 65,000 btu/h. When certifying to standards in terms of IEER, the following provisions apply.
A If a basic model is distributed in commerce and approved for use with multiple refrigerants, a manufacturer must determine all represented values for that basic model for example, IEER, COP, cooling capacity, and heating capacity based on the refrigerant that results in the lowest cooling efficiency.
A refrigerant is considered approved for use if it is listed on the nameplate of the outdoor unit. Per the definition of basic model in 10 CFR 431.92, use of a refrigerant that requires different hardware i.e., compressors, heat exchangers, or air moving systems that are not the same or comparably performing, would represent a different basic model, and separate representations would be required for each basic model.
B Represented values for different indoor unit combinations must be determined per the following provisions.
1 If a basic model includes only one type of indoor unit combination i.e., ducted, non-ducted, or SDHV, a manufacturer must determine the represented values for that basic model in accordance with the sampling plan
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