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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 10:10:3.0.1.4.17.1.10.1 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | A | Subpart A—General Provisions | § 429.1 Purpose and scope. | DOE | [87 FR 63646, Oct. 19, 2022] | 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. | |||
| 10:10:3.0.1.4.17.1.10.2 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | A | Subpart A—General Provisions | § 429.2 Definitions. | DOE | [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] | (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 means any standards meeting the definitions of that term in 42 U.S.C. 6291(6) and 42 U.S.C. 6311(18) as well as any other water conservation standards and design requirements found in this part or parts 430 or 431. Engineered-to-order means a basic model of commercial water heating equipment, commercial packaged boiler, commercial heating, ventilation, and air conditioning (HVAC) equipment, or commercial refrigeration equipment that is: Not listed in any catalogs or marketing literature and designed and built to specific customer requirements. A unit of an engineered-to-order basic model is not offered as a set of options (e.g., configure-to-order, menu-system). Independent means, in the context of a nationally recognized certification program, or accreditation program for electric motors, an entity that is not controlled by, or under common control with, electric motor manufacturers, importers, private labelers, or vendors, and that has no affiliation, financial ties, or contractual agreements, apparently or otherwise, with such entities that would: (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 relatio… | |||
| 10:10:3.0.1.4.17.1.10.3 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | A | Subpart A—General Provisions | § 429.3 Sources for information and guidance. | DOE | [87 FR 63646, Oct. 19, 2022] | (a) General. The standards listed in this paragraph are referred to in §§ 429.73 and 429.74 and are not incorporated by reference. These sources are provided here for information and guidance only. (b) ISO/IEC. International Organization for Standardization (ISO), 1, ch. de la Voie-Creuse, CP 56, CH-1211 Geneva 20, Switzerland/International Electrotechnical Commission, 3, rue de Varembé, P.O. Box 131, CH-1211 Geneva 20, Switzerland. (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. National Voluntary Laboratory Accreditation Program, National Institute of Standards and Technology, 100 Bureau Drive, M/S 2140, Gaithersburg, MD 20899-2140, 301-975-4016, or go to www.nist.gov/nvlap/. Also see 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. | |||
| 10:10:3.0.1.4.17.1.10.4 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | A | Subpart A—General Provisions | § 429.4 Materials incorporated by reference. | DOE | [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] | (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 and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at the Department of Energy (DOE) and at the National Archives and Records Administration (NARA). Contact DOE at: The U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121; (202) 586-9127; Buildings@ee.doe.gov; www.energy.gov/eere/buildings/appliance-and-equipment-standards-program. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email fr.inspection@nara.gov. The material may be obtained from the sources in the following paragraphs of this section. (b) AHAM. Association of Home Appliance Manufacturers, 1111 19th Street, NW., Suite 402, Washington, DC 20036, 202-872-5955, or go to www.aham.org. (1) ANSI/AHAM DW-1-2010, Household Electric Dishwashers, (ANSI approved September 18, 2010), IBR approved for § 429.19. (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, Copyright 2022. IBR approved for § 429.62. (c) AHRI. Air-Conditioning, Heating, and Refrigeration Institute, 2311 Wilson Blvd., Suite 400, Arlington, VA 22201, (703) 524-8800, or go to: 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, copyright 2020; IBR approved for § 429.67. (2) AHRI Standard 210/240-2024 (I-P), (“AHRI 210/240-2024… | |||
| 10:10:3.0.1.4.17.1.10.5 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | A | Subpart A—General Provisions | § 429.5 Imported products. | DOE | (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. | ||||
| 10:10:3.0.1.4.17.1.10.6 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | A | Subpart A—General Provisions | § 429.6 Exported products. | DOE | 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. | ||||
| 10:10:3.0.1.4.17.1.10.7 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | A | Subpart A—General Provisions | § 429.7 Confidentiality. | DOE | [76 FR 12451, Mar. 7, 2011, as amended at 79 FR 25499, May 5, 2014; 80 FR 151, Jan. 5, 2015] | (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… | |||
| 10:10:3.0.1.4.17.1.10.8 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | A | Subpart A—General Provisions | § 429.8 Subpoena. | DOE | 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. | ||||
| 10:10:3.0.1.4.17.2.10.1 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.10 Purpose and scope. | DOE | This subpart sets forth the procedures for manufacturers to certify that their covered products and covered equipment comply with the applicable energy conservation standards. | ||||
| 10:10:3.0.1.4.17.2.10.10 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.19 Dishwashers. | DOE | [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] | 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. (1) The requirements of § 429.11 are applicable to dishwashers; and (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 percent confidence limit (UCL) of the true mean divided by 1.05, where: 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 percent confidence limit (LCL) of the true mean divided by 0.95, where: (b) Certification reports. (1) The requirements of § 429.12 are applicable to dishwashers; and (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 Fah… | |||
| 10:10:3.0.1.4.17.2.10.11 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.20 Residential clothes washers. | DOE | [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] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to residential clothes washers; and (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 percent confidence limit (UCL) of the true mean divided by 1.05, where: 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 percent confidence limit (LCL) of the true mean divided by 0.95, where: (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. (1) The requirements of § 429.12 are applicable to residential clothes washers; and (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) express… | |||
| 10:10:3.0.1.4.17.2.10.12 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.21 Residential clothes dryers. | DOE | [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] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to clothes dryers; and (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 percent confidence limit (UCL) of the true mean divided by 1.05, where: 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 percent confidence limit (LCL) of the true mean divided by 0.95, where: (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. (1) The requirements of § 429.12 are applicable to clothes dryers; and (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 … | |||
| 10:10:3.0.1.4.17.2.10.13 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.22 Direct heating equipment. | DOE | [76 FR 12451, Mar. 7, 2011; 76 FR 24768, May 2, 2011, as amended at 76 FR 38292, June 30, 2011] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to direct heating equipment; and (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 ) The mean of the sample, where: Or, ( 2 ) The upper 97 1/2 percent confidence limit (UCL) of the true mean divided by 1.05, where: 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 ) The mean of the sample, where: Or, ( 2 ) The lower 97 1/2 percent confidence limit (LCL) of the true mean divided by 0.95, where: (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. (1) The requirements of § 429.12 are applicable to direct heating equipment; and (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). | |||
| 10:10:3.0.1.4.17.2.10.14 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.23 Cooking products. | DOE | [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] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to cooking products; and (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 is the sample mean; n is the number of samples; and x i is the i th sample; Or, (ii) The upper 97 1/2 percent confidence limit (UCL) of the true mean divided by 1.05, where: And x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.975 is the t statistic for a 97.5% one-tailed confidence interval with n-1 degrees of freedom (from appendix A). (b) Certification reports. (1) The requirements of § 429.12 are applicable to conventional cooking tops, conventional ovens and microwave ovens; and (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. | |||
| 10:10:3.0.1.4.17.2.10.15 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.24 Pool heaters. | DOE | [76 FR 12451, Mar. 7, 2011; 76 FR 24769, May 2, 2011; 89 FR 82061, Oct. 9, 2024; 90 FR 43379, Sept. 9, 2025] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to pool heaters; and (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 percent confidence limit (LCL) of the true mean divided by 0.95, where: (b) Certification reports. (1) The requirements of § 429.12 are applicable to pool heaters; and (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). | |||
| 10:10:3.0.1.4.17.2.10.16 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.25 Television sets. | DOE | [78 FR 63840, Oct. 25, 2013, as amended at 88 FR 16109, Mar. 15, 2023] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to televisions; and (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 is the sample mean; n is the number of samples; and x i is the i th sample; 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 is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.95 is the t-statistic for a 95% one-tailed confidence interval with n−1 degrees of freedom (from appendix A of this subpart). 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 is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.90 is the t-statistic for a 90% one-tailed confidence interval with n−1 degrees of freedom (from appendix A of this subpart). (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. The represented value of power consumption and the represented annual energy consumption shall be rounded as follows: (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 … | |||
| 10:10:3.0.1.4.17.2.10.17 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.26 Fluorescent lamp ballasts. | DOE | [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] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to fluorescent lamp ballasts; and (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 is the sample mean; n is the number of units in the sample; and x i is the i th unit. Where: x is the sample mean; n is the number of units in the sample; and x i is the i th unit. (b) Certification reports. (1) The requirements of § 429.12 are applicable to fluorescent lamp ballasts; and (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., wattage, base, shape, diameter, and length). (c) Rounding requirements. (1) Round ballast luminous efficiency to the nearest thousandths place. (2) Round power factor to the nearest hundredths place. (3) Round average total lamp arc power to the nearest tenth of a watt. | |||
| 10:10:3.0.1.4.17.2.10.18 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.27 General service fluorescent lamps. | DOE | [87 FR 53637, Aug. 31, 2022] | 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. Each manufacturer must determine represented values, which include certified ratings, for each basic model by testing, in accordance with the following sampling provisions. (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. (1) The requirements of § 429.12 apply to general service fluorescent lamps; and (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. (1) Round rated wattage to the nearest tenth of a watt. (2) Round average lamp efficacy to the nearest tenth of a lu… | |||
| 10:10:3.0.1.4.17.2.10.19 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.28 Faucets. | DOE | [76 FR 12451, Mar. 7, 2011; 76 FR 24771, May 2, 2011, as amended at 78 FR 62985, Oct. 23, 2013] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to faucets; and (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. (1) The requirements of § 429.12 are applicable to faucets; and (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). | |||
| 10:10:3.0.1.4.17.2.10.2 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.11 General sampling requirements for selecting units to be tested. | DOE | [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] | (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. | |||
| 10:10:3.0.1.4.17.2.10.20 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.29 Showerheads. | DOE | [76 FR 12451, Mar. 7, 2011; 76 FR 24771, May 2, 2011, as amended at 78 FR 62985, Oct. 23, 2013] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to showerheads; and (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. (1) The requirements of § 429.12 are applicable to showerheads; and (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. | |||
| 10:10:3.0.1.4.17.2.10.21 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.30 Water closets. | DOE | [76 FR 12451, Mar. 7, 2011; 76 FR 24771, May 2, 2011, as amended at 78 FR 62986, Oct. 23, 2013] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to water closets; and (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. (1) The requirements of § 429.12 are applicable to water closets; and (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. | |||
| 10:10:3.0.1.4.17.2.10.22 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.31 Urinals. | DOE | [76 FR 12451, Mar. 7, 2011; 76 FR 24771, May 2, 2011, as amended at 78 FR 62986, Oct. 23, 2013] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to urinals; and (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. (1) The requirements of § 429.12 are applicable to urinals; and (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). | |||
| 10:10:3.0.1.4.17.2.10.23 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.32 Ceiling fans. | DOE | [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] | 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. Manufacturers must determine the represented value, which includes the certified rating, for each basic model of ceiling fan by testing, in conjunction with the following sampling provisions: (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 is the sample mean; n is the number of samples; and x i is the i th sample; or (B) The lower 90 percent confidence limit (LCL) of the true mean divided by 0.9, where: And x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.90 is the t statistic for a 90% one-tailed confidence interval with n−1 degrees of freedom (from appendix A to subpart B); and (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 is the sample mean; n is the number of samples; and x i is the i th sample; or (B) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.1, where: And x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.95 is the t statistic for a 95% one-tailed confidence interval with n-1 degrees of freedom (from appendix A to this subpart); and (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… | |||
| 10:10:3.0.1.4.17.2.10.24 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.33 Ceiling fan light kits. | DOE | [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] | 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. Manufacturers must determine represented values, which includes certified ratings, for each basic model of ceiling fan light kit in accordance with following sampling provisions. (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… | |||
| 10:10:3.0.1.4.17.2.10.25 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.34 Torchieres. | DOE | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to torchieres; and (2) Reserved (b) Certification reports. (1) The requirements of § 429.12 are applicable to torchieres; and (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., circuit breaker, fuse, ballast). | ||||
| 10:10:3.0.1.4.17.2.10.26 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.35 Compact fluorescent lamps. | DOE | [81 FR 59415, Aug. 29, 2016] | (a) Determination of Represented Value. Manufacturers must determine represented values, which include the certified ratings, for each basic model of compact fluorescent lamp by testing, in conjunction with the following sampling provisions: (1) Units to be tested. (i) The requirements of § 429.11(a) are applicable except that the sample must be comprised of production units; and (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., units that have not previously been tested under this paragraph (a)(1)(ii) but are representative of the same basic model tested under this paragraph (a)(1)(ii)) must be used for rapid cycle stress testing. (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 C… | |||
| 10:10:3.0.1.4.17.2.10.27 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.36 Dehumidifiers. | DOE | [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] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to dehumidifiers; and (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. (1) The requirements of § 429.12 are applicable to dehumidifiers; and (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 capac… | |||
| 10:10:3.0.1.4.17.2.10.28 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.37 External power supplies. | DOE | [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] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to external power supplies; and (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. (1) The requirements of § 429.12 are applicable to external power supplies except that required information may be reported on the basis of a basic model or a design family. If certifying using a design family, for § 429.12(b)(6), report the individual manufacturer's model numbers covered by the design family. (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: (i) External power supplies: The average active mode efficiency as a percentage (%), no-load mode power consumption in watts (W), nameplate output power in watts (W), and, if missing from the nameplate, the output current in amperes (A) of the basic model or the output current in amperes (A) of the highest- and lowest-voltage models within the external power supply design family. (ii) Switch-selectable single-voltage external power supplies: The average active mode efficiency as a percentage (%) value, no-load mode power consumption in watts (W) using the lowest and highest selectable output voltages, nameplate output power in watts (W), and, if missing from the… | |||
| 10:10:3.0.1.4.17.2.10.29 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.38 Non-class A external power supplies. [Reserved] | DOE | |||||
| 10:10:3.0.1.4.17.2.10.3 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.12 General requirements applicable to certification reports. | DOE | [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] | (a) Certification. Each manufacturer, before distributing in commerce any basic model of a covered product or covered equipment subject to an applicable energy conservation standard set forth in parts 430 or 431, and annually thereafter on or before the dates provided in paragraph (d) of this section, shall submit a certification report to DOE certifying that each basic model meets the applicable energy conservation standard(s). The certification report(s) must be submitted to DOE in accordance with the submission procedures of paragraph (h) of this section. (b) Certification report. A certification report shall include a compliance statement (see paragraph (c) of this section), and for each basic model, the information listed in this paragraph (b). (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)… | |||
| 10:10:3.0.1.4.17.2.10.30 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.39 Battery chargers. | DOE | [81 FR 89821, Dec. 12, 2016, as amended at 89 FR 82063, Oct. 9, 2024; 90 FR 43380, Sept. 9, 2025] | (a) Determination of represented value. Manufacturers must determine represented values, which include certified ratings, for each basic model of battery charger in accordance with the following sampling provisions. (1) Represented values include: The unit energy consumption (UEC) in kilowatt-hours per year (kWh/yr), battery discharge energy (E batt ) in watt hours (Wh), 24-hour energy consumption (E 24 ) in watt hours (Wh), maintenance mode power (P m ) in watts (W), standby mode power (P sb ) in watts (W), off mode power (P off ) in watts (W), and duration of the charge and maintenance mode test (t cd ) in hours (hrs) for all battery chargers other than uninterruptible power supplies (UPSs); and average load adjusted efficiency (Eff avg ) for UPSs. (2) Units to be tested. (i) The general requirements of § 429.11 are applicable to all battery chargers; and (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 is the sample mean; n is the number of samples; and x i is the UEC of the i th sample; or, (B) The upper 97.5-percent confidence limit (UCL) of the true mean divided by 1.05, where: and x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.975 is the t-statistic for a 97.5-percent one-tailed confidence interval with n-1 degrees of freedom (from appendix A of this subpart). (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., maintenance mode power (P m ), standby power (P sb ), off mode power (P off ), battery discharge energy (E batt ), 24-hour energy consumption (E 24 ), and duration of the charge and maintenance mode test (t cd )), where the represented value of the metric is: and, x is the sample mean,… | |||
| 10:10:3.0.1.4.17.2.10.31 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.40 Candelabra base incandescent lamps and intermediate base incandescent lamps. | DOE | [76 FR 12451, Mar. 7, 2011; 76 FR 24774, May 2, 2011] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to candelabra base incandescent lamps; and (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. (1) The requirements of § 429.12 are applicable to candelabra base and intermediate base incandescent lamps; and (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). | |||
| 10:10:3.0.1.4.17.2.10.32 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.41 Commercial warm air furnaces. | DOE | [79 FR 25500, May 5, 2014, as amended at 80 FR 151, Jan. 5, 2015] | (a) Determination of represented value. Manufacturers must determine the represented value, which includes the certified rating, for each basic model of commercial warm air furnace either by testing, in conjunction with the applicable sampling provisions, or by applying an AEDM. (1) Units to be tested. (i) If the represented value is determined through testing, the general requirements of § 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 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 ) The mean of the sample, where: and, x is the sample mean; n is the number of samples; and x i is the i th sample; Or, ( 2 ) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.05, where: And x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.95 is the t statistic for a 95% one-tailed confidence interval with n−1 degrees of freedom (from Appendix A to subpart B of part 429). 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 lower of: ( 1 ) The mean of the sample, where: and, x is the sample mean; n is the number of samples; and x i is the i th sample; Or, ( 2 ) The lower 95 percent confidence limit (LCL) of the true mean divided by 0.95, where: And x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.95 is the t statistic for a 95% one-tailed confidence interval with n−1 degrees of freedom (from Appendix A to subpart B of part 429). (2) Alternative efficiency determination methods. In lieu of testing, a represented value of efficiency or consumption for a basic model of commercial warm air furnace m… | |||
| 10:10:3.0.1.4.17.2.10.33 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.42 Commercial refrigerators, freezers, and refrigerator-freezers. | DOE | [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] | (a) Determination of represented value. Manufacturers must determine the represented value, which includes the certified rating, for each basic model of commercial refrigerator, freezer, or refrigerator-freezer either by testing, in conjunction with the applicable sampling provisions, or by applying an AEDM. (1) Units to be tested. (i) If the represented value for a given basic model is determined through testing, the general requirements of § 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 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 ) The mean of the sample, where: And x is the sample mean; n is the number of samples; and x i is the i th sample; or, ( 2 ) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.10, where: And x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.95 is the t statistic for a 95% one-tailed confidence interval with n-1 degrees of freedom (from Appendix A to subpart B of part 429); And, (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 ) The mean of the sample, where: And, x is the sample mean; n is the number of samples; and x i is the i th sample; or, ( 2 ) The lower 95 percent confidence limit (LCL) of the true mean divided by 0.90, where: And x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.95 is the t statistic for a 95% one-tailed confidence interval with n-1 degrees of freedom (from Appendix A to subpart B of part 429). (2) Alternative efficiency determination methods. In lieu of testing, a represented value of efficiency or consu… | |||
| 10:10:3.0.1.4.17.2.10.34 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 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). | DOE | [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] | (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. (i) If the represented value is determined through testing, the general requirements of § 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 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 ) The mean of the sample, where: And, x is the sample mean; n is the number of samples; and x i is the i th sample; or, ( 2 ) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.05, where: And x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.95 is the t statistic for a 95% one-tailed confidence interval with n-1 degrees of freedom (from Appendix A to subpart B of part 429). And, (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 ) The mean of the sample, where: And, x is the sample mean; n is the number of samples; and x i is the i th sample; or, ( 2 ) The lower 95 percent confidence limit (LCL) of the true mean divided by 0.95, where: And x is the… | |||
| 10:10:3.0.1.4.17.2.10.35 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.44 Commercial water heating equipment. | DOE | [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] | (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. Manufacturers must determine the represented values, which includes the certified ratings, for each basic model of commercial water heating equipment except residential-duty commercial water heaters, either by testing, in conjunction with the applicable sampling provisions, or by applying an AEDM as set forth in § 429.70. (1) Units to be tested. If the represented value for a given basic model is determined through testing: (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 ) The mean of the sample, where: And, x is the sample mean; n is the number of samples; and x i is the ith sample; or, ( 2 ) The upper 95-percent confidence limit (UCL) of the true mean divided by 1.05, where: And x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.95 is the t statistic for a 95-percent one-tailed confidence interval with n-1 degrees of freedom (from appendix A to subpart B of this part). 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 must be less than or equal to the lower of: ( 1 ) The mean of the sample, where: And, x is the sample mean; n is the number of samples; and x i is the ith sample; or, ( 2 ) The lower 95-percent confidence limit (LCL) of the true mean divided by 0.95, where: And x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.95 is the t statistic for a 95-percent o… | |||
| 10:10:3.0.1.4.17.2.10.36 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.45 Automatic commercial ice makers. | DOE | [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] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to automatic commercial ice makers; and (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 is the sample mean; n is the number of samples; and x i is the i th sample; or, (ii) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.10, where: And x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.95 is the Student's t-Distribution Values for a 95 percent one-tailed confidence interval with n-1 degrees of freedom (from appendix A to this subpart). (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. (1) The requirements of § 429.12 are applicable to automatic commercial ice makers; and (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. | |||
| 10:10:3.0.1.4.17.2.10.37 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.46 Commercial clothes washers. | DOE | [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] | 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. (1) The requirements of § 429.11 are applicable to commercial clothes washers; and (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 percent confidence limit (UCL) of the true mean divided by 1.05, where: 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 percent confidence limit (LCL) of the true mean divided by 0.95, where: (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. (1) The requirements of § 429.12 are applicable to commercial clothes washers; and (2) Pursuant to § 429.12(b)(13), a certification report shall include the following public product-specific information: (i) The … | |||
| 10:10:3.0.1.4.17.2.10.38 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.47 Distribution transformers. | DOE | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to distribution transformers; and (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. (1) The requirements of § 429.12 are applicable to distribution transformers except that required information in paragraph (b) of this section may be reported by kVA grouping instead of by basic model and paragraph (b)(6) of this section does not apply; and (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., low-voltage dry-type, medium-voltage dry-type or liquid-immersed), the number of phases ( i.e., single-phase or three-phase), and the basic impulse insulation level (BIL) group rating (for medium-voltage dry-types). (c) Alternative methods for determining efficiency or energy use for distribution transformers can be found in § 429.70 of this subpart. (d) Kilovolt ampere (kVA) grouping. As used in this section, a “kVA grouping” is a group of basic models which all have the same kVA rating, have the same insulation type ( i.e., low-v… | ||||
| 10:10:3.0.1.4.17.2.10.39 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.48 Illuminated exit signs. | DOE | [76 FR 12451, Mar. 7, 2011; 76 FR 24778, May 2, 2011] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to illuminated exit signs; and (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. (1) The requirements of § 429.12 are applicable to illuminated exit signs; and (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. | |||
| 10:10:3.0.1.4.17.2.10.4 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.13 Testing requirements. | DOE | (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. | ||||
| 10:10:3.0.1.4.17.2.10.40 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.49 Traffic signal modules and pedestrian modules. | DOE | [76 FR 12451, Mar. 7, 2011; 76 FR 24778, May 2, 2011] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to traffic signal modules and pedestrian modules; and (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. (1) The requirements of § 429.12 are applicable to traffic signal modules and pedestrian modules; and (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. | |||
| 10:10:3.0.1.4.17.2.10.41 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.50 Commercial unit heaters. | DOE | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to commercial unit heaters; and (2) [Reserved] (b) Certification reports. (1) The requirements of § 429.12 are applicable to commercial unit heaters; and (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. | ||||
| 10:10:3.0.1.4.17.2.10.42 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.51 Commercial pre-rinse spray valves. | DOE | [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] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 apply to commercial prerinse spray valves; and (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 is the sample mean; n is the number of samples; and x i is the i th sample; Or, and, x is the sample mean; n is the number of samples; and x i is the i th sample; Or, (ii) The upper 95-percent confidence limit (UCL) of the true mean divided by 1.10, where: and, x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.95 is the t statistic for a 95-percent two-tailed confidence interval with n-1 degrees of freedom (from Appendix A of this subpart). and, x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.95 is the t statistic for a 95-percent two-tailed confidence interval with n-1 degrees of freedom (from Appendix A of this subpart). (b) Certification reports. (1) The requirements of § 429.12 are applicable to commercial prerinse spray valves; and (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. | |||
| 10:10:3.0.1.4.17.2.10.43 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.52 Refrigerated bottled or canned beverage vending machines. | DOE | [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] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to refrigerated bottled or canned beverage vending machine; and (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. (1) The requirements of § 429.12 are applicable to refrigerated bottled or canned beverage vending machine; and (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 ), whether testing was conducted with payment mechanism in place and operational, and, if applicable, the lowest application product temperature in degrees Fahrenheit ( °F), if applicable. (ii) When using appendix B of subpart Q of part 431of this chapter, the daily ener… | |||
| 10:10:3.0.1.4.17.2.10.44 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.53 Walk-in coolers and walk-in freezers. | DOE | [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] | (a) Determination of represented value. (1) The requirements of § 429.11 apply to walk-in coolers and walk-in freezers; and (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. If AWEF or AWEF2 is determined by testing, test according to the applicable provisions of § 431.304(b) of this chapter with the following equipment-specific provisions. (A) Dedicated condensing units. Outdoor dedicated condensing refrigeration systems that are also designated for use in indoor applications must be tested and rated as both an outdoor dedicated condensing refrigeration system and an indoor dedicated refrigeration system. (B) Matched refrigeration systems. A matched refrigeration system is not required to be rated if the constituent unit cooler(s) and dedicated condensing unit have been tested as specified in § 431.304(b)(4) of this chapter. However, if a manufacturer wishes to represent the efficiency of the matched refrigeration system as distinct from the efficiency of either constituent component, or if the manufacturer cannot rate one or both of the constituent components using the specified method, the manufacturer must test and rate the matched refrigeration system as specified in § 431.304(b)(4) of this chapter. (C) Detachable single-packaged dedicated systems. Detachable single-packaged dedicated systems must be tested and rated as a single-packaged dedicated systems using the test procedure in § 431.304(b)(4) of this chapter. (D) Attached split systems. Attached split systems must be tested and rated as dedicated condensing units and unit coolers using the test procedure in § 431.304(b)(4) of this chapter. (ii) Units to be tested. (A) If the represented value for a given ref… | |||
| 10:10:3.0.1.4.17.2.10.45 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.54 Metal halide lamp ballasts and fixtures. | DOE | [76 FR 12451, Mar. 7, 2011; 76 FR 24780, May 2, 2011; 76 FR 46202, Aug. 2, 2011] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to metal halide lamp ballasts; and (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 /P in ), of a basic model is 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. And x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.99 is the t statistic for a 99% two-tailed confidence interval with n-1 degrees of freedom (from appendix A). (b) Certification reports. (1) The requirements of § 429.12 are applicable to metal halide lamp ballasts; and (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., pulse-start, magnetic probe-start, and non-pulse start electronic). | |||
| 10:10:3.0.1.4.17.2.10.46 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.55 Incandescent reflector lamps. | DOE | [87 FR 53638, Aug. 31, 2022] | 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. Each manufacturer must determine represented values, which include the certified ratings, for each basic model, in accordance with the following sampling provisions. (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) Repre… | |||
| 10:10:3.0.1.4.17.2.10.47 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.56 Integrated light-emitting diode lamps. | DOE | [81 FR 43425, July 1, 2016, as amended at 90 FR 6789, Jan. 21, 2025] | (a) Determination of Represented Value. Manufacturers must determine the represented value, which includes the certified rating, for each basic model of integrated light-emitting diode lamps by testing, in conjunction with the sampling provisions in this section. (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 ) The mean of the sample, where: and, x is the sample mean; n is the number of units; and x i is the measured value for the i th unit; Or, ( 2 ) The lower 99 percent confidence limit (LCL) of the true mean divided by 0.96; or the lower 99 percent confidence limit (LCL) of the true mean divided by 0.98 for CRI and power factor, where: and, x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.99 is the t statistic for a 99 percent one-tailed confidence interval with n-1 degrees of freedom (from appendix A to this subpart). (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 ) The mean of the sample, where: and, x is the sample mean; n is the number of units; and x i is the measured value for the i th unit; Or, ( 2 ) The… | |||
| 10:10:3.0.1.4.17.2.10.48 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.57 General service lamps. | DOE | [81 FR 72503, Oct. 20, 2016, as amended at 90 FR 6789, Jan. 21, 2025] | (a) Determination of represented value. Manufacturers must determine represented values, which includes certified ratings, for each basic model of general service lamp in accordance with following sampling provisions. (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. (1) The requirements of § 429.12 are applicable to general service lamps; (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. (1) Round input power to the nearest tenth of a watt. (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. | |||
| 10:10:3.0.1.4.17.2.10.49 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.58 Furnace fans. | DOE | [79 FR 520, Jan. 3, 2014, as amended at 79 FR 38208, July 3, 2014] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to furnace fans; and (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 is the sample mean; n is the number of samples; and x i is the measured value for the i th sample; Or, (ii) The upper 90 percent confidence limit (UCL) of the true mean divided by 1.05, where: And x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.90 is the t statistic for a 90% one-tailed confidence interval with n-1 degrees of freedom (from Appendix A). (b) Certification reports. (1) The requirements of § 429.12 are applicable to residential furnace fans; and (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 ) in the heating setting required for determining FER; and for modular blowers, the manufacturer and model number of the electric heat resistance kit with which it is equipped for certification testing. | |||
| 10:10:3.0.1.4.17.2.10.5 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.14 Consumer refrigerators, refrigerator-freezers and freezers. | DOE | [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] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to residential refrigerators, refrigerator-freezers and freezers; and (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. (1) The requirements of § 429.12 are applicable to residential refrigerators, refrigerator-freezers and freezers; and (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 … | |||
| 10:10:3.0.1.4.17.2.10.50 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.59 Pumps. | DOE | [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] | 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. Manufacturers must determine the represented value, which includes the certified rating, for each basic model of general purpose pump either by testing (which includes the calculation-based methods in the test procedure), in conjunction with the following sampling provisions, or by application of an AEDM that meets the requirements of § 429.70 and the provisions of this section. Manufacturers must determine the represented value, which includes the certified rating, for each basic model of dedicated-purpose pool pump by testing, in conjunction with the following sampling provisions. Manufacturers must update represented values to account for any change in the applicable motor standards in subpart B of part 431 of this chapter and certify amended values as of the next annual certification. (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 ), variable load pump energy index (PEI VL ), circulator energy index (CEI), 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 is the sample mean, n is the number of samples, and x i is the maximum of the ith sample; where: and x is the sample mean, n is the number of samples, and x i is the maximum of the ith sample; Or, (B) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.05, where: and x is the sample mean, s is the sample standard d… | |||
| 10:10:3.0.1.4.17.2.10.51 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.60 Commercial packaged boilers. | DOE | [79 FR 25504, May 5, 2014, as amended at 80 FR 151, Jan. 5, 2015; 81 FR 89303, Dec. 9, 2016] | (a) Determination of represented value. Manufacturers must determine the represented value, which includes the certified rating, for each basic model of commercial packaged boilers either by testing in accordance with § 431.86 of this chapter, in conjunction with the applicable sampling provisions, or by applying an AEDM. (1) Units to be tested. (i) If the represented value is determined through testing, the general requirements of § 429.11 are applicable, except that, if the represented value is determined through testing pursuant to § 431.86(c) of this chapter, the number of units selected for testing may be one; 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 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 ) The mean of the sample, where: and, x is the sample mean; n is the number of samples; and x i is the i th sample; Or, ( 2 ) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.05, where: And x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.95 is the t statistic for a 95% one-tailed confidence interval with n−1 degrees of freedom (from Appendix A to subpart B of part 429). 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 lower of: ( 1 ) The mean of the sample, where: and, x is the sample mean; n is the number of samples; and x i is the i th sample; Or, ( 2 ) The lower 95 percent confidence limit (LCL) of the true mean divided by 0.95, where: And x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.95 is the t statistic for a 95% one-tailed confidence interval with n−1 degrees of freedom (from Appe… | |||
| 10:10:3.0.1.4.17.2.10.52 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.61 Consumer miscellaneous refrigeration products. | DOE | [81 FR 46790, July 18, 2016, as amended at 86 FR 56819, Oct. 12, 2021; 88 FR 7845, Feb. 7, 2023] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to miscellaneous refrigeration products; and (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 is the sample mean; n is the number of samples; and x i is the ith sample; or (B) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.10, where: And x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.95 is the t statistic for a 95% one-tailed confidence interval with n-1 degrees of freedom (from appendix A of this subpart). 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 is the sample mean; n is the number of samples; and x i is the ith sample; or (B) The lower 95 percent confidence limit (LCL) of the true mean divided by 0.90, where: And x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.95 is the t statistic for a 95% one-tailed confidence interval with n-1 degrees of freedom (from appendix A of this subpart). (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 s… | |||
| 10:10:3.0.1.4.17.2.10.53 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.62 Portable air conditioners. | DOE | [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] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to portable air conditioners; and (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 is the sample mean; x i is the ith sample; and n is the number of units in the test sample. Where: x is the sample mean; x i is the ith sample; and 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 is the sample mean; s is the sample standard deviation; n is the number of units in the test sample; and t 0.95 is the t statistic for a 95% one-tailed confidence interval with n-1 degrees of freedom. Where: x is the sample mean; s is the sample standard deviation; n is the number of units in the test sample; and t 0.95 is the t statistic for a 95% one-tailed confidence interval with n-1 degrees of freedom. 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 is the sample mean; x i is the ith sample; and n is the number of units in the test sample. Where: x is the sample mean; x i is the ith sample; and 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 is the sample mean; s is the sample standard deviation; n is the number of units in the test sample; and t 0.95 is the t statistic for a 95% one-tailed confidence interval with n-1 degrees of freedom. Where: x … | |||
| 10:10:3.0.1.4.17.2.10.54 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.63 Compressors. | DOE | [82 FR 1099, Jan. 4, 2017, as amended at 85 FR 1591, Jan. 10, 2020] | (a) Determination of represented value. Manufacturers must determine the represented value, which includes the certified rating, for each basic model of compressor either by testing in conjunction with the applicable sampling provisions or by applying an AEDM. (1) Units to be tested. (i) If the represented value is determined through testing, the general requirements of § 429.11 apply; and (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. Any represented value of the full- or part-load package isentropic efficiency or other measure of energy efficiency of a basic model for which customers would favor higher values is less than or equal to the lower of: ( 1 ) The mean of the sample, where: And x is the sample mean; n is the number of samples; and x i is the measured value for the i th sample; or, ( 2 ) The lower 95 percent confidence limit (LCL) of the true mean divided by 0.95, where: And x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.95 is the t statistic for a 95 percent one-tailed confidence interval with n−1 degrees of freedom (from appendix A of this subpart); and (B) Package specific power. The representative value(s) of package specific power of a basic model must be the mean of the package specific power measurement(s) for each tested unit of the basic model. (2) Alternative efficiency determination methods. In lieu of testing, any represented value of efficiency, consumption, or other non-energy metrics listed in paragraph (a)(3) of this section for a basic model may be determined through the application of an AEDM pursuant to the requirements of § 429.70 and the provisions of this section, where: (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 (i… | |||
| 10:10:3.0.1.4.17.2.10.55 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.64 Electric motors. | DOE | [87 FR 63647, Oct. 19, 2022] | (a) Applicability. When a party determines the energy efficiency of an electric motor in order to comply with an obligation imposed on it by or pursuant to Part C of Title III of EPCA, 42 U.S.C. 6311-6316, this section applies. This section does not apply to enforcement testing conducted pursuant to § 431.383 of this subchapter. This section applies to electric motors that are subject to requirements in subpart B of part 431 of this subchapter and does not apply to dedicated-purpose pool pump motors subject to requirements in subpart Z of part 431. (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 —(1) General requirements. The represented value of nominal full-load efficiency of each basic model of electric motor must be determined either by testing in accordance with § 431.16 of this subchapter, or by application of an alternative efficiency determination method (AEDM) that meets the requirements of paragraph (b)(2) of this section.… | |||
| 10:10:3.0.1.4.17.2.10.56 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.65 Dedicated-purpose pool pump motors. | DOE | [87 FR 63648, Oct. 19, 2022, as amended at 89 FR 82068, Oct. 9, 2024; 90 FR 43382, Sept. 9, 2025] | (a) Applicability. This section applies to dedicated purpose motors that are subject to requirements in subpart Z of part 431 of this subchapter. Starting on the compliance date for any standards for dedicated-purpose pool pump motors published after January 1, 2021, manufacturers of dedicated-purpose pool pump motors subject to such standards must make representations of energy efficiency, including representations for certification of compliance, in accordance with this section. Prior to the compliance date for any standards for dedicated-purpose pool pump motors published after January 1, 2021, and on or after April 17, 2023, manufacturers of dedicated-purpose pool pump motors subject to test procedures in subpart Z of part 431 of this subchapter choosing to make representations of energy efficiency must follow the provisions in paragraph (c) of this section. (b) Compliance certification. A manufacturer may not certify the compliance of a dedicated-purpose pool pump motor pursuant to 10 CFR 429.12 unless: (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. A manufacturer must determine the represented value of full-load efficiency (inclusive of the drive, if the dedicated-purpose pool pump motor basic model is placed into commerce with a drive, or is unable to ope… | |||
| 10:10:3.0.1.4.17.2.10.57 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.66 General service incandescent lamps. | DOE | [87 FR 53639, Aug. 31, 2022] | 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. Each manufacturer must determine represented values, which include certified ratings, for each basic model by testing in accordance with the following sampling provisions. (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 ) The arithmetic mean of the sample: or, ( 2 ) The lower 95 percent confidence limit (LCL) of the true mean divided by .97, where: (B) Represented values of rated wattage are greater than or equal to the higher of: ( 1 ) The arithmetic mean of the sample: or, ( 2 ) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.03, where: and x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.95 is the t statistic for a 95% one-tailed confidence interval with n-1 degrees of freedom (from appendix A to this subpart). (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 mi… | |||
| 10:10:3.0.1.4.17.2.10.58 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 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. | DOE | [87 FR 77317, Dec. 16, 2022, as amended at 89 FR 82068, Oct. 9, 2024; 90 FR 43382, Sept. 9, 2025] | (a) Applicability. (1) 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 (SEER) and heating seasonal performance factor (HSPF), representations with respect to the energy use or efficiency, including compliance certifications, are subject to the requirements in § 429.43 of this title as it appeared in the 10 CFR parts 200-499 edition revised as of January 1, 2021. (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 —(1) Required represented values. Determine the represented values (including SEER2, HSPF2, cooling capacity, and heating capacity, as applicable) for the individual models/combinations (or “tested combinations”) specified in table 1 to this paragraph (b)(1). Table 1 to Paragraph ( b )(1) (2) Refrigerants. (i) If a model of outdoor unit (used in a single-split, multi-split, multi-circuit, multi-head mini-split, and/or outdoor unit with no match system) is distributed in commerce and approved for use with multiple refrigerants, a manu… | |||
| 10:10:3.0.1.4.17.2.10.59 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.68 Air cleaners. | DOE | [88 FR 14043, Mar. 6, 2023, as amended at 89 FR 82069, Oct. 9, 2024; 90 FR 43383, Sept. 9, 2025] ] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to air cleaners; and (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 is the sample mean; n is the number of samples; and, x i is the i th sample. Where: x is the sample mean; n is the number of samples; and, x i is the i th sample. Or, (B) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.10: Where: x is the sample mean; s is the sample standard deviation; n is the number of samples; and, t 0.95 is the t statistic for a 95 percent one-tailed confidence interval with n-1 degrees of freedom (from appendix A). Where: x is the sample mean; s is the sample standard deviation; n is the number of samples; and, t 0.95 is the t statistic for a 95 percent one-tailed confidence interval with n-1 degrees of freedom (from appendix A). 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 is the sample mean; n is the number of samples; and, x i is the i th sample. Where: x is the sample mean; n is the number of samples; and, x i is the i th sample. Or, (B) The lower 95 percent confidence limit (LCL) of the true mean divided by 0.90: Where: x is the sample mean; s is the sample standard deviation; n is the number of samples; and, t 0.95 is the t statistic for a 95 percent one-tailed confidence interval with n-1 degrees of freedom (from appendix A). Where: x is the sample mean; s i… | |||
| 10:10:3.0.1.4.17.2.10.6 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.15 Room air conditioners. | DOE | [76 FR 12451, Mar. 7, 2011; 76 FR 24763, May 2, 2011, as amended at 86 FR 16475, Mar. 29, 2021] | (a) Sampling plan for selection of units for testing. (1) The requirements of § 429.11 are applicable to room air conditioners; and (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 percent confidence limit (UCL) of the true mean divided by 1.05, where: 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 percent confidence limit (LCL) of the true mean divided by 0.95, where: (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. (1) The requirements of § 429.12 are applicable to room air conditioners; and (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… | |||
| 10:10:3.0.1.4.17.2.10.60 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.69 Fans and blowers. | DOE | [88 FR 27387, May 1, 2023, as amended at 88 FR 53375, Aug. 8, 2023] | (a) Determination of represented values of fans and blowers other than air circulating fans. A manufacturer must determine the represented values for each basic model, either by testing in conjunction with the applicable sampling provisions or by applying an AEDM as set forth in this section and in § 429.70(n). Manufacturers must update represented values to account for any change in the applicable motor standards in Table 5 of § 431.25 of this chapter and certify amended values as of the next annual certification (as applicable). (1) Testing. (i) If the represented values for a given basic model are determined through testing, a sample of at least one unit must be selected and the requirements of § 429.11 apply. (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 the sample mean; n is the number of samples, and x i is the i th sample. Or, (B) The upper 95 percent confidence limit (UC… | |||
| 10:10:3.0.1.4.17.2.10.61 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.70 Alternative methods for determining energy efficiency and energy use. | DOE | [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] | (a) General. A manufacturer of covered products or covered equipment explicitly authorized to use an AEDM in §§ 429.14 through 429.69 may not distribute any basic model of such product or equipment in commerce unless the manufacturer has determined the energy consumption or energy efficiency of the basic model, either from testing the basic model in conjunction with DOE's certification sampling plans and statistics or from applying an alternative method for determining energy efficiency or energy use ( i.e., AEDM) to the basic model, in accordance with the requirements of this section. In instances where a manufacturer has tested a basic model to validate the AEDM, the represented value of energy consumption or efficiency of that basic model must be determined and certified according to results from actual testing in conjunction with 10 CFR part 429, subpart B certification sampling plans and statistics. In addition, a manufacturer may not knowingly use an AEDM to overrate the efficiency of a basic model. (b) Testing. Testing for each covered product or covered equipment must be done in accordance with the sampling plan provisions established in § 429.11 and the testing procedures in parts 430 and 431 of this chapter. (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 —(1) Criteria an AEDM must satisfy. A manufacturer may not apply an AEDM to a basic model to determine its efficiency pursuant to this section unless: (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; (i… | |||
| 10:10:3.0.1.4.17.2.10.62 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.71 Maintenance of records. | DOE | [76 FR 12451, Mar. 7, 2011, as amended at 81 FR 4145, Jan. 25, 2016; 85 FR 1591, Jan. 10, 2020] | (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 Compressor… | |||
| 10:10:3.0.1.4.17.2.10.63 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.72 Alternative methods for determining non-energy ratings. | DOE | [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] | (a) General. Where § 429.14 through § 429.562 authorize the use of an alternative method for determining a physical or operating characteristic other than the energy consumption or efficiency, such characteristics must be determined either by testing in accordance with the applicable test procedure and applying the specified sampling plan provisions established in those sections or as described in the appropriate product-specific paragraph below. In all cases, the computer-aided design (CAD) models, measurements, and calculations used to determine the rating for the physical or operating characteristic shall be retained as part of the test records underlying the certification of the basic model in accordance with § 429.71. (b) Testing. [Reserved] (c) Residential refrigerators, refrigerator-freezers, and freezers. The total refrigerated volume of a basic model of refrigerator, refrigerator-freezer, or freezer may be determined by performing a calculation of the volume based upon computer-aided design (CAD) models of the basic model in lieu of physical measurements of a production unit of the basic model. Any value of total refrigerated volume of a basic model reported to DOE in a certification of compliance in accordance with § 429.14(b)(2) must be calculated using the CAD-derived volume(s) and the applicable provisions in the test procedures in 10 CFR part 430 for measuring volume, and must be within two percent, or 0.5 cubic feet (0.2 cubic feet for compact products), whichever is greater, of the volume of a production unit of the basic model measured in accordance with the applicable test procedure in 10 CFR part 430. (d) Miscellaneous refrigeration products. The total refrigerated volume of a miscellaneous refrigeration product basic model may be determined by performing a calculation of the volume based upon computer-aided design (CAD) models of the basic model in lieu of physical measurements of a production unit of the basic model. Any value of total adjusted volume and value of total refrigerate… | |||
| 10:10:3.0.1.4.17.2.10.64 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.73 Department of Energy recognition of nationally recognized certification programs for electric motors, including dedicated-purpose pool pump motors. | DOE | [87 FR 63651, Oct. 19, 2022] | (a) Petition. For a certification program to be classified by the Department of Energy as being nationally recognized in the United States for the purposes of §§ 429.64 and 429.65, the organization operating the program must submit a petition to the Department requesting such classification, in accordance with paragraph (c) of this section and § 429.75. The petition must demonstrate that the program meets the criteria in paragraph (b) of this section. (b) Evaluation criteria. For a certification program to be classified by the Department as nationally recognized, it must meet the following 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. Each petition requesting classification as a nationally recognized certifica… | |||
| 10:10:3.0.1.4.17.2.10.65 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.74 Department of Energy recognition of accreditation bodies for electric motors, including dedicated-purpose pool pump motors. | DOE | [87 FR 63652, Oct. 19, 2022] | (a) Petition. To be classified by the Department of Energy as an accreditation body, an organization must submit a petition to the Department requesting such classification, in accordance with paragraph (c) of this section and § 429.75. The petition must demonstrate that the organization meets the criteria in paragraph (b) of this section. (b) Evaluation criteria. To be classified as an accreditation body by the Department, the organization must meet the following 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. Each petition requesting classification as an accreditation body must contain a narrative statement as to why the program meets the criteria set forth in paragraph (b) of this section, must be signed on behalf of the organization operating the program by an authorized repr… | |||
| 10:10:3.0.1.4.17.2.10.66 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.75 Procedures for recognition and withdrawal of recognition of accreditation bodies or certification programs. | DOE | [87 FR 63652, Oct. 19, 2022] | (a) Filing of petition. Any petition submitted to the Department pursuant to § 429.73(a) or § 429.74(a), shall be entitled “Petition for Recognition” (“Petition”) and must be submitted to the Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, Appliance and Equipment Standards Program, EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121, or via email (preferred submittal method) to AS_Motor_Petitions@ee.doe.gov. In accordance with the provisions set forth in 10 CFR 1004.11, any request for confidential treatment of any information contained in such a Petition or in supporting documentation must be accompanied by a copy of the Petition or supporting documentation from which the information claimed to be confidential has been deleted. (b) Public notice and solicitation of comments. DOE shall publish in the Federal Register the Petition from which confidential information, as determined by DOE, has been deleted in accordance with 10 CFR 1004.11 and shall solicit comments, data and information on whether the Petition should be granted. The Department shall also make available for inspection and copying the Petition's supporting documentation from which confidential information, as determined by DOE, has been deleted in accordance with 10 CFR 1004.11. Any person submitting written comments to DOE with respect to a Petition shall also send a copy of such comments to the petitioner. (c) Responsive statement by the petitioner. A petitioner may, within 10 working days of receipt of a copy of any comments submitted in accordance with paragraph (b) of this section, respond to such comments in a written statement submitted to the Assistant Secretary for Energy Efficiency and Renewable Energy. A petitioner may address more than one set of comments in a single responsive statement. (d) Public announcement of interim determination and solicitation of comments. The Assistant Secretary for Energy Efficiency and Renewable Energy shall issue an interim deter… | |||
| 10:10:3.0.1.4.17.2.10.67 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.76 Portable electric spas. | DOE | [88 FR 38627, June 13, 2023] | (a) Determination of represented values. Manufacturers must determine the represented values for each basic model of portable electric spas by testing in conjunction with the following provisions. (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 is the sample mean, n is the number of samples, and x i is the i th sample; or, (ii) The upper 95 percent confidence limit (UCL) of the true mean divided by 1.05, where: and x is the sample mean, s is the sample standard deviation, n is the number of samples, and t 0.95 is the t statistic for a 95 percent one-tailed confidence interval with n-1 degrees of freedom (from appendix A of subpart B of part 429). (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 selecte… | |||
| 10:10:3.0.1.4.17.2.10.7 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.16 Central air conditioners and central air conditioning heat pumps. | DOE | [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] | (1) Required represented values. Determine the represented values (including as applicable, SEER2, EER2, HSPF2, P W,OFF , SCORE, SHORE, EER, cooling capacity, and heating capacity) for the individual models/combinations (or “tested combinations”) specified in the following table. Table 1 to Paragraph ( a )(1) (2) P W,OFF . Represented values of P W,OFF are only required when determining represented values in accordance with 10 CFR part 430, subpart B, appendix M1. If individual models of single-package systems or individual combinations (or “tested combinations”) of split systems that are otherwise identical are offered with multiple options for off-mode-related components, determine the represented value for the individual model/combination with the crankcase heater and controls that are the most consumptive. A manufacturer may also determine represented values for individual models/combinations with less consumptive off-mode options; however, all such options must be identified with different model numbers for single-package systems or for outdoor units (in the case of split systems). (3) Refrigerants. (i) If a model of outdoor unit (used in a single-split, multi-split, multi-circuit, multi-head mini-split, and/or outdoor unit with no match system) is distributed in commerce and approved for use with multiple refrigerants, a manufacturer must determine all represented values for that model using each refrigerant that can be used in an individual combination of the basic model (including outdoor units with no match or “tested combinations”). This requirement may apply across the listed categories in the table 1 to paragraph (a)(1) of this section. A refrigerant is considered approved for use if it is listed on the nameplate of the outdoor unit. (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 re… | |||
| 10:10:3.0.1.4.17.2.10.8 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.17 Water heaters. | DOE | [81 FR 96235, Dec. 29, 2016, as amended at 87 FR 43977, July 22, 2022; 89 FR 37941 May 6, 2024] | 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. (1) Manufacturers must determine the represented value for each water heater by applying an AEDM in accordance with 10 CFR 429.70 or by testing for the uniform energy factor, in conjunction with the applicable sampling provisions as follows: (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 ) The mean of the sample, where: and, x is the sample mean; n is the number of samples; and x i is the ith sample; Or, ( 2 ) The upper 95-percent confidence limit (UCL) of the true mean divided by 1.10, where: And x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.95 is the t statistic for a 95-percent one-tailed confidence interval with n-1 degrees of freedom (from Appendix A). (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 ) The mean of the sample, where: and, x is the sample mean; n is the number of samples; and x i is the ith sample; Or, ( 2 ) The lower 95-percent confidence limit (LCL) of the true mean divided by 0.90, where: And x is the sample mean; s is the sample standard deviation; n is the number of samples; and t 0.95 is the t… | |||
| 10:10:3.0.1.4.17.2.10.9 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Certification | § 429.18 Consumer furnaces. | DOE | [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] | 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. (1) The requirements of § 429.11 are applicable to residential furnaces; and (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 ) The mean of the sample, where: Or, ( 2 ) The upper 97 1/2 percent confidence limit (UCL) of the true mean divided by 1.05, where: 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 ) The mean of the sample, where: Or, ( 2 ) The lower 97 1/2 percent confidence limit (LCL) of the true mean divided by 0.95, where: (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 ) The mean of the sample, where: Or, ( 2 ) The upper 97 1/2 percent confidence limit (UCL) … | |||
| 10:10:3.0.1.4.17.3.10.1 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.100 Purpose and scope. | DOE | This subpart describes the enforcement authority of DOE to ensure compliance with the conservation standards and regulations. | ||||
| 10:10:3.0.1.4.17.3.10.10 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.122 Notice of proposed civil penalty. | DOE | (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. | ||||
| 10:10:3.0.1.4.17.3.10.11 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.124 Election of procedures. | DOE | (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. | ||||
| 10:10:3.0.1.4.17.3.10.12 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.126 Administrative law judge hearing and appeal. | DOE | (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. | ||||
| 10:10:3.0.1.4.17.3.10.13 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.128 Immediate issuance of order assessing civil penalty. | DOE | (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. | ||||
| 10:10:3.0.1.4.17.3.10.14 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.130 Collection of civil penalties. | DOE | 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. | ||||
| 10:10:3.0.1.4.17.3.10.15 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.132 Compromise and settlement. | DOE | (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. | ||||
| 10:10:3.0.1.4.17.3.10.16 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.134 Product-specific enforcement provisions. | DOE | [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] | (a) General. The following provisions apply to assessment and enforcement testing of the relevant products and equipment. (b) Refrigerators, refrigerator-freezers, and freezers —(1) Verification of total refrigerated volume. The total refrigerated volume of the basic model will be measured pursuant to the test requirements of 10 CFR part 430 for each unit tested. The results of the measurement(s) will be averaged and compared to the value of total refrigerated volume certified by the manufacturer. The certified total refrigerated volume will be considered valid only if: (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. The test described in section 5.2(b) of the applicable test procedure for refrigerators or refrigerator-freezers in appendix A to subpart B of 10 CFR part 430 shall be used for all units of a tested basic model before DOE makes a determination of noncompliance with respect to the basic model. (c) Clothes washers —(1) Determination of Remaining Moisture Content. These provisions address anomalous remaining moisture content (RMC) results that are not representative of a basic model's performance, as well as differences in RMC values that may result from DOE using a different test cloth lot than was used by the manufacturer for testing and certifying the… | |||
| 10:10:3.0.1.4.17.3.10.17 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.140 Regional standards enforcement procedures. | DOE | [81 FR 45402, July 14, 2016] | 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. | |||
| 10:10:3.0.1.4.17.3.10.18 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.142 Records retention. | DOE | [81 FR 45402, July 14, 2016] | (a) Record retention. The following entities must maintain the specified records—(1) Contractors and dealers. (i) Contractors and dealers must retain the following records for at least 48 months from the date of installation of a central air conditioner in the states of Alabama, Arizona, Arkansas, California, Delaware, Florida, Georgia, Hawaii, Kentucky, Louisiana, Maryland, Mississippi, Nevada, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, or Virginia or in the District of Columbia: (A) For split-system central air conditioner outdoor units: The manufacturer name, model number, serial number, location of installation (including street address, city, state, and zip code), date of installation, and party from whom the unit was purchased (including person's name, full address, and phone number); and (B) For split-system central air conditioner indoor units: The manufacturer name, model number, location of installation (including street address, city, state, and zip code), date of installation, and party from whom the unit was purchased (including person's name, full address, and phone number). (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: The manufacturer name, model number, serial number, location of installation (including street address, city, state, and zip code), date of installation, and party from whom the unit was purchased (including person's name, full address, and phone number). (B) [Reserved] (2) Distributors. Beginning July 1, 2016, all distributors must retain the following records for no less than 54 months from the date of sale: (i) For split-system central air conditioner outdoor units: The outdoor unit manufacturer, outdoor unit model number, outdoor unit serial number, date unit was purchased from manufacturer, party from whom the u… | |||
| 10:10:3.0.1.4.17.3.10.19 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.144 Records request. | DOE | [81 FR 45402, July 14, 2016] | (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. | |||
| 10:10:3.0.1.4.17.3.10.2 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.102 Prohibited acts subjecting persons to enforcement action. | DOE | [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] | (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… | |||
| 10:10:3.0.1.4.17.3.10.20 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.146 Notice of violation. | DOE | [81 FR 45403, July 14, 2016] | (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. | |||
| 10:10:3.0.1.4.17.3.10.21 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.148 Routine violator. | DOE | [81 FR 45403, July 14, 2016] | (a) DOE will consider, inter alia, the following factors in determining if a person is a routine violator: Number of violations in current and past cases, length of time over which violations occurred, ratio of compliant to noncompliant installations or sales, percentage of employees committing violations, evidence of intent, evidence of training or education provided, and subsequent remedial actions. (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. | |||
| 10:10:3.0.1.4.17.3.10.22 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.150 Appealing a finding of routine violation. | DOE | [81 FR 45403, July 14, 2016] | (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. | |||
| 10:10:3.0.1.4.17.3.10.23 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.152 Removal of finding of “routine violator”. | DOE | [81 FR 45403, July 14, 2016] | (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. | |||
| 10:10:3.0.1.4.17.3.10.24 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.154 Remediation. | DOE | [81 FR 45403, July 14, 2016] | (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”. | |||
| 10:10:3.0.1.4.17.3.10.25 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.156 Manufacturer and private labeler liability. | DOE | [81 FR 45403, July 14, 2016] | (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. | |||
| 10:10:3.0.1.4.17.3.10.26 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.158 Product determined noncompliant with regional standards. | DOE | [81 FR 45404, July 14, 2016, as amended at 87 FR 64586, Oct. 25, 2022] | (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. | |||
| 10:10:3.0.1.4.17.3.10.3 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.104 Assessment testing. | DOE | [87 FR 63895, Oct. 20, 2022] | (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. | |||
| 10:10:3.0.1.4.17.3.10.4 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.106 Investigation of compliance. | DOE | (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. | ||||
| 10:10:3.0.1.4.17.3.10.5 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.110 Enforcement testing. | DOE | [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] | (a) General provisions. (1) If DOE has reason to believe that a basic model is not in compliance it may test for enforcement. (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. (1) To obtain units for enforcement testing to determine compliance with an applicable standard, DOE will issue a test notice addressed to the manufacturer in accordance with the following requirements: (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 select… | |||
| 10:10:3.0.1.4.17.3.10.6 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.114 Notice of noncompliance and notice to cease distribution of a basic model. | DOE | (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 st… | ||||
| 10:10:3.0.1.4.17.3.10.7 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.116 Additional certification testing requirements. | DOE | 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. | ||||
| 10:10:3.0.1.4.17.3.10.8 | 10 | Energy | II | D | 429 | PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT | C | Subpart C—Enforcement | § 429.118 Injunctions. | DOE | 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. |
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chapter TEXT,
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