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Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Proposed Rules
of a selected basic model as the first of those two types of indoor unit combination, and at least a single tested combination of a different selected basic model as the second of those two types of indoor unit combination, each in accordance with paragraph c2iii of this section.
3 If a manufacturer makes representations for all three types of indoor unit combinations i.e., ducted, non-ducted, and SDHV within or across basic models for which the AEDM
applies, the manufacturer must test at least a single tested combination of a selected basic model as a non-ducted tested combination and a single tested combination of a different selected basic model as a ducted tested combination, each in accordance with paragraph c2iii of this section.
4 In all cases, compare the results from each tested basic model and the AEDM energy use or efficiency output according to paragraph c2ii of this section. The manufacturer is responsible for ensuring the accuracy and reliability of the AEDM.

5. Section 429.104 is revised to read as follows:

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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 standards.
b For variable refrigerant flow multisplit air conditioners and heat pumps other than air-cooled with rated cooling capacity less than 65,000 btu/h DOE
may require that the manufacturer of a basic model ship or cause to be shipped from a retailer or distributor at its expense the means of control associated with the basic model, if applicable.
6. Amend 429.110 by:
a. Redesignating paragraphs a2 and 3 as paragraphs a3 and 4, respectively;
b. Adding new paragraph a2;
c. Revising paragraph b1iv;
d. Revising paragraph e2;
e. Redesignating paragraphs e3
through 9 as e4 through 10, respectively;
f. Adding new paragraph e3;
g. In newly designated paragraph e4, remove the words e1 or 2 of this section and add in its place the words, e1, 2 or 3 of this section;
h. In newly designated paragraph e8, remove the words e1 through 6 and add in its place the words e1 through 7; and i. In newly designated paragraph e9, remove the words paragraph e7 and paragraphs e1 through 6 and add in their place the words
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paragraph e8 and paragraphs e1 through 7, respectively;
The additions and revisions read as follows.
429.110

Enforcement testing.

a
2 For variable refrigerant flow multisplit air conditioners and heat pumps other than air-cooled with rated cooling capacity less than 65,000 Btu/h 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.

b
1
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 units of the basic model and to the testing laboratory within 5 working days from the time units 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 part 431 of this subchapter. The manufacturer shall ship the means of control, if applicable, with the systems selected for testing.

e
2 For automatic commercial ice makers; commercial refrigerators, freezers, and refrigerator-freezers;
refrigerated bottled or canned vending machines; commercial air conditioners and heat pumps except variable refrigerant flow multi-split air conditioners and heat pumps other than air-cooled with rated cooling capacity less than 65,000 btu/h;
commercial packaged boilers;
commercial warm air furnaces;
commercial water heating equipment;
and walk-in cooler and walk-in freezer refrigeration systems, DOE will use an initial sample size of not more than four units and follow the sampling plans in appendix B of this subpart Sampling Plan for Enforcement Testing of Covered Equipment and Certain Low-Volume Covered Products.

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3 For variable refrigerant flow multisplit air conditioners and heat pumps other than air-cooled with rated cooling capacity less than 65,000 btu/h.
i For determining compliance with an energy conservation standard based on EER, DOE will use an initial sample size of not more than four units and follow the sampling plans in appendix B of this subpart Sampling Plan for Enforcement Testing of Covered Equipment and Certain Low-Volume Covered Products.
ii For determining compliance with an energy conservation standard based on IEER, DOE will use an initial sample size of two units and follow the sampling plans in appendix B of this subpart Sampling Plan for Enforcement Testing of Covered Equipment and Certain Low-Volume Covered Products.

7. Amend 429.134 by adding paragraph s to read as follows:
429.134 Product-specific enforcement provisions.

s Variable refrigerant flow multisplit air conditioners and heat pumps other than air-cooled with rated cooling capacity less than 65,000 btu/h. The following provisions apply for assessment and enforcement testing of models subject to standards in terms of IEER:
1 Specific Components. If the indoor unit models in a tested combination within a basic model include individual indoor unit models distributed in commerce with any of the specific components listed at 429.43a4i, the following provisions apply. For the purposes of this paragraph, otherwise identical means differing only in the presence of specific components listed at 429.43a4i.
i If the manufacturer does not certify in accordance with 429.43b4 that A Indoor unit models in a tested combination within a basic model include both individual indoor unit models distributed in commerce with a specific component and otherwise identical individual indoor unit models distributed in commerce without the specific component, and B Represented values for the tested combination are based on performance of individual indoor unit models distributed in commerce without the specific component, DOE may test the tested combination with individual indoor unit models with the component present and consistent with any component-specific test provisions specified in section 6 of appendix D1 to subpart F of part 431.

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