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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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| 10:10:4.0.1.1.1.1.38.1 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | A | Subpart A—General Provisions | § 431.1 Purpose and scope. | DOE | [70 FR 60414, Oct. 18, 2005] | This part establishes the regulations for the implementation of provisions relating to commercial and industrial equipment in Part B of Title III of the Energy Policy and Conservation Act (42 U.S.C. 6291-6309) and in Part C of Title III of the Energy Policy and Conservation Act (42 U.S.C. 6311-6317), which establishes an energy conservation program for certain commercial and industrial equipment. | |||
| 10:10:4.0.1.1.1.1.38.2 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | A | Subpart A—General Provisions | § 431.2 Definitions. | DOE | [69 FR 61923, Oct. 21, 2004, as amended at 71 FR 71369, Dec. 8, 2006; 74 FR 12071, Mar. 23, 2009; 75 FR 666, Jan. 5, 2010; 76 FR 12503, Mar. 7, 2011; 77 FR 28987, May 16, 2012; 79 FR 26601, May 9, 2014; 87 FR 45197, July 27, 2022; 89 FR 82071, Oct. 9, 2024; 90 FR 43384, Sept. 9, 2025] | The following definitions apply for purposes of this part. Any words or terms not defined in this Section or elsewhere in this part shall be defined as provided in Section 340 of the Act. Act means the Energy Policy and Conservation Act of 1975, as amended, 42 U.S.C. 6291-6316. Alternate efficiency determination method or AEDM means a method of calculating the efficiency of a commercial HVAC and WH product, in terms of the descriptor used in or under section 342(a) of the Act to state the energy conservation standard for that product. Btu means British thermal unit, which is the quantity of heat required to raise the temperature of one pound of water by one degree Fahrenheit. Commercial HVAC & WH product means any small, large, or very large commercial package air-conditioning and heating equipment (as defined in § 431.92), packaged terminal air conditioner (as defined in § 431.92), packaged terminal heat pump (as defined in § 431.92), single package vertical air conditioner (as defined in § 431.92), single package vertical heat pump (as defined in § 431.92), computer room air conditioner (as defined in § 431.92), variable refrigerant flow multi-split air conditioner (as defined in § 431.92), variable refrigerant flow multi-split heat pump (as defined in § 431.92), unitary dedicated outdoor air system (as defined in § 431.92), commercial packaged boiler (as defined in § 431.82), hot water supply boiler (as defined in § 431.102), commercial warm air furnace (as defined in § 431.72), instantaneous water heater (as defined in § 431.102), storage water heater (as defined in § 431.102), or unfired hot water storage tank (as defined in § 431.102). Covered equipment means any electric motor, as defined in § 431.12; commercial heating, ventilating, and air conditioning, and water heating product (HVAC & WH product), as defined in § 431.172; commercial refrigerator, freezer, or refrigerator-freezer, as defined in § 431.62; automatic commercial ice maker, as defined in § 431.132; commercial clothes washer, as def… | |||
| 10:10:4.0.1.1.1.1.38.3 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | A | Subpart A—General Provisions | § 431.3 Error Correction procedure for energy conservation standards rules. | DOE | [81 FR 57758, Aug. 24, 2016] | Requests for error corrections pertaining to an energy conservation standard rule for commercial or industrial equipment shall follow those procedures and provisions detailed in 10 CFR 430.5 of this chapter. | |||
| 10:10:4.0.1.1.1.1.38.4 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | A | Subpart A—General Provisions | § 431.4 Procedures, interpretations, and policies for consideration of new or revised energy conservation standards and test procedures for commercial/industrial equipment. | DOE | [85 FR 8711, Feb. 14, 2020] | The procedures, interpretations, and policies for consideration of new or revised energy conservation standards and test procedures set forth in appendix A to subpart C of part 430 of this chapter shall apply to the consideration of new or revised energy conservation standards and test procedures considered for adoption under this part. | |||
| 10:10:4.0.1.1.1.10.56.1 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | J | Subpart J—Fans and Blowers | § 431.171 Purpose and scope. | DOE | This subpart contains provisions regarding fans and blowers, pursuant to Part C of Title III of the Energy Policy and Conservation Act, as amended, 42 U.S.C. 6311-6317. This subpart does not cover “ceiling fans” as that term is defined and addressed in part 430 this chapter, nor does it cover “furnace fans” as that term is defined and addressed in part 430 of this chapter. | ||||
| 10:10:4.0.1.1.1.10.56.2 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | J | Subpart J—Fans and Blowers | § 431.172 Definitions. | DOE | [88 FR 27389, May 1, 2023, as amended at 88 FR 53375, Aug. 8, 2023] | Air circulating axial panel fan means an axial housed air circulating fan head without a cylindrical housing or box housing that is mounted on a panel, orifice plate or ring. Air circulating fan means a fan that has no provision for connection to ducting or separation of the fan inlet from its outlet using a pressure boundary, operates against zero external static pressure loss, and is not a jet fan. Air circulating fan discharge area means the area of a circle having a diameter equal to the blade tip diameter. Air circulating fan outlet area means the gross inside area measured at the plane of the outlet opening. Air-cooled steam condenser means a device for rejecting heat to the atmosphere through the indirect condensing of steam inside air-cooled finned tubes. Axial inline fan means a fan with an axial impeller and a cylindrical housing with or without turning vanes. Axial panel fans means an axial fan, without cylindrical housing, that includes a panel, orifice plate, or ring with brackets for mounting through a wall, ceiling, or other structure that separates the fan's inlet from its outlet. Basic model, with respect to fans and blowers, means all units of fans and blowers manufactured by one manufacturer, having the same primary energy source, and having essentially identical electrical, physical, and functional ( e.g., aerodynamic) characteristics that affect energy consumption. In addition: (1) All variations of blade pitches of an adjustable-pitch axial fan may be considered a single basic model; and (2) All variations of impeller widths and impeller diameters of a given full-width impeller and full-diameter impeller centrifugal fan may be considered a single basic model. Box fan means an axial housed air circulating fan head without a cylindrical housing that is mounted on a panel, orifice plate or ring and is mounted in a box housing. Centrifugal housed fan means a fan with a centrifugal or mixed flow impeller in which airflow exits into a housing that is generally scroll-shaped t… | |||
| 10:10:4.0.1.1.1.10.56.3 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | J | Subpart J—Fans and Blowers | § 431.173 Materials incorporated by reference. | DOE | [88 FR 27390, May 1, 2023, as amended at 88 FR 53375, Aug. 8, 2023] | (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, DOE must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at 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 Program, 1000 Independence Ave. SW, EE-5B, Washington, DC 20585, (202) 586-9127, Buildings@ee.doe.gov , https://www.energy.gov/eere/buildings/building-technologies-office. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email: fr.inspection@nara.gov. The material may be obtained from the sources in the following paragraphs of this section. (b) AMCA. Air Movement and Control Association International, Inc., 30 West University Drive, Arlington Heights, IL 60004-1893; (847) 394-0150; www.amca.org. (1) ANSI/AMCA Standard 210-16 (“AMCA 210-16”), Laboratory Methods of Testing Fans for Certified Aerodynamic Performance Rating, ANSI-approved August 26, 2016; IBR approved for § 431.172; appendix A to this subpart. (Co-published as ASHRAE 51-16). (2) ANSI/AMCA Standard 214-21 (“AMCA 214-21”), Test Procedure for Calculating Fan Energy Index (FEI) for Commercial and Industrial Fans and Blowers, ANSI-approved March 1, 2021; IBR approved for § 431.174; appendix A to this subpart. (3) ANSI/AMCA Standard 230-23 (“AMCA 230-23”), Laboratory Methods of Testing Air Circulating Fans for Rating and Certification, ANSI-approved February 10, 2023. IBR approved for appendix B to this subpart. (4) ANSI/AMCA Standard 240-15 (“AMCA 240-15”), Laboratory Methods of Testing Positive Pressure Ventilators for Aerodynamic Performance Ra… | |||
| 10:10:4.0.1.1.1.10.56.4 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | J | Subpart J—Fans and Blowers | § 431.174 Test Procedure for fans or blowers. | DOE | [88 FR 27391, May 1, 2023, as amended at 88 FR 53375, Aug. 8, 2023] | (a) Scope for fans and blowers other than air circulating fans. A fan or blower, other than an air circulating fan is subject to the test procedure in this section if it meets the following criteria: (1) Is a centrifugal housed fan; radial housed fan; centrifugal inline fan; centrifugal unhoused fan; centrifugal power roof ventilator exhaust fan; centrifugal power roof ventilator supply fan; axial inline fan; axial panel fan; or axial power roof ventilator fan; (2) Is not: (i) A radial housed unshrouded fan with blade diameter at tip less than 30 inches or a blade width of less than 3 inches; (ii) A safety fan; (iii) An induced flow fan; (iv) A jet fan; (v) A cross-flow fan; (vi) A fan manufactured exclusively to be powered by internal combustion engines; (vii) A fan that create a vacuum of 30 inches water gauge or greater; (viii) A fan that is designed and marketed to operate at or above 482 degrees Fahrenheit (250 degrees Celsius); or (ix) A fan and blower embedded in the equipment listed in paragraph (a)(3) of this section; (3) Is not an embedded fan subject to the following exclusions: (i) The test procedure in this section does not apply to fans or blowers that are embedded in: (A) Single phase central air conditioners and heat pumps rated with a certified cooling capacity less than 65,000 British thermal units per hour (“Btu/h”) cooling capacity, that are subject to DOE's energy conservation standard at 10 CFR 430.32(c); (B) Three phase, air-cooled, small commercial packaged air-conditioning and heating equipment rated with a certified cooling capacity less than 65,000 Btu/h cooling capacity, that are subject to DOE's energy conservation standard at § 431.97(b); (C) Transport refrigeration ( i.e., Trailer refrigeration, Self-powered truck refrigeration, Vehicle-powered truck refrigeration, Marine/Rail container refrigerant); (D) Vacuum cleaners; (E) Heat Rejection Equipment: Packaged evaporative open-circuit cooling towers; Evaporative field-erected open-circuit cooling towers; Packaged… | |||
| 10:10:4.0.1.1.1.10.56.5 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | J | Subpart J—Fans and Blowers | §§ 431.175-431.176 [Reserved] | DOE | |||||
| 10:10:4.0.1.1.1.11.56.1 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | K | Subpart K—Distribution Transformers | § 431.191 Purpose and scope. | DOE | [71 FR 24995, Apr. 27, 2006] | This subpart contains energy conservation requirements for distribution transformers, pursuant to Parts B and C of Title III of the Energy Policy and Conservation Act, as amended, 42 U.S.C. 6291-6317. | |||
| 10:10:4.0.1.1.1.11.56.2 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | K | Subpart K—Distribution Transformers | § 431.192 Definitions. | DOE | [70 FR 60416, Oct. 18, 2005, as amended at 71 FR 24995, Apr. 27, 2006; 71 FR 60662, Oct. 16, 2006; 72 FR 58239, Oct. 12, 2007; 78 FR 23433, Apr. 18, 2013; 86 FR 51252, Sept. 14, 2021; 89 FR 30039, Apr. 22, 2024; 90 FR 6795, Jan. 21, 2025] | The following definitions apply for purposes of this subpart: Autotransformer means a transformer that: (1) Has one physical winding that consists of a series winding part and a common winding part; (2) Has no isolation between its primary and secondary circuits; and (3) During step-down operation, has a primary voltage that is equal to the total of the series and common winding voltages, and a secondary voltage that is equal to the common winding voltage. Auxiliary device means a localized component of a distribution transformer that is a circuit breaker, switch, fuse, or surge/lightning arrester. Basic model means a group of models of distribution transformers manufactured by a single manufacturer, that have the same insulation type ( i.e., liquid-immersed or dry-type), have the same number of phases ( i.e., single or three), have the same standard kVA rating, and do not have any differentiating electrical, physical or functional features that affect energy consumption. Differences in voltage and differences in basic impulse insulation level (BIL) rating are examples of differentiating electrical features that affect energy consumption. Distribution transformer means a transformer that— (1) Has an input line voltage of 34.5 kV or less; (2) Has an output line voltage of 600 V or less; (3) Is rated for operation at a frequency of 60 Hz; and (4) Has a capacity of 10 kVA to 5000 kVA for liquid-immersed units and 15 kVA to 5000 kVA for dry-type units; but (5) The term “distribution transformer” does not include a transformer that is an— (i) Autotransformer; (ii) Drive (isolation) transformer; (iii) Grounding transformer; (iv) Machine-tool (control) transformer; (v) Nonventilated transformer; (vi) Rectifier transformer; (vii) Regulating transformer; (viii) Sealed transformer; (ix) Special-impedance transformer; (x) Testing transformer; (xi) Transformer with tap range of 20 percent or more; (xii) Uninterruptible power supply transformer; or (xiii) Welding transformer. Drive (isolation) … | |||
| 10:10:4.0.1.1.1.11.56.3 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | K | Subpart K—Distribution Transformers | § 431.193 Test procedure for measuring energy consumption of distribution transformers. | DOE | [86 FR 51252, Sept. 14, 2021] | The test procedure for measuring the energy efficiency of distribution transformers for purposes of EPCA is specified in appendix A to this subpart. The test procedure specified in appendix A to this subpart applies only to distribution transformers subject to energy conservation standards at § 431.196. | |||
| 10:10:4.0.1.1.1.11.57.4 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | K | Subpart K—Distribution Transformers | § 431.196 Energy conservation standards and their effective dates. | DOE | [78 FR 23433, Apr. 18, 2013, as amended at 86 FR 51252, Sept. 14, 2021; 89 FR 30040, Apr. 22, 2024] | (a) Low-Voltage Dry-Type Distribution Transformers. (1) The efficiency of a low-voltage, dry-type distribution transformer manufactured on or after January 1, 2007, but before January 1, 2016, shall be no less than that required for the applicable kVA rating in the table below. Low-voltage dry-type distribution transformers with kVA ratings not appearing in the table shall have their minimum efficiency level determined by linear interpolation of the kVA and efficiency values immediately above and below that kVA rating. All efficiency values are at 35 percent per-unit load. (2) The efficiency of a low-voltage, dry-type distribution transformer manufactured on or after January 1, 2016, but before April 23, 2029, shall be no less than that required for the applicable kVA rating in the following table. Low-voltage dry-type distribution transformers with kVA ratings not appearing in the table shall have their minimum efficiency level determined by linear interpolation of the kVA and efficiency values immediately above and below that kVA rating. Table 2 to Paragraph ( a )(1) Note: All efficiency values are at 35 percent of nameplate-rated load, determined according to the DOE Test Method for Measuring the Energy Consumption of Distribution Transformers under appendix A to this subpart K. (3) The efficiency of a low-voltage dry-type distribution transformer manufactured on or after April 23, 2029, shall be no less than that required for their kVA rating in the following table. Low-voltage dry-type distribution transformers with kVA ratings not appearing in the table shall have their minimum efficiency level determined by linear interpolation of the kVA and efficiency values immediately above and below that kVA rating. Table 3 to Paragraph ( a )(3) Note: All efficiency values are at 35 percent of nameplate-rated load, determined according to the DOE Test Method for Measuring the Energy Consumption of Distribution Transformers under appendix A to this subpart K. (b) Liquid-Immersed Distribution Transformers. … | |||
| 10:10:4.0.1.1.1.12.59.1 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | L | Subpart L—Illuminated Exit Signs | § 431.201 Purpose and scope. | DOE | This subpart contains energy conservation requirements for illuminated exit signs, pursuant to Part B of Title III of the Energy Policy and Conservation Act, as amended, 42 U.S.C. 6291-6309. | ||||
| 10:10:4.0.1.1.1.12.59.2 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | L | Subpart L—Illuminated Exit Signs | § 431.202 Definitions concerning illuminated exit signs. | DOE | [70 FR 60417, Oct. 18, 2005, as amended at 71 FR 71372, Dec. 8, 2006; 76 FR 12504, Mar. 7, 2011] | Basic model means all units of a given type of covered product (or class thereof) manufactured by one manufacturer, having the same primary energy source, and which have essentially identical electrical, physical, and functional (or hydraulic) characteristics that affect energy consumption, energy efficiency, water consumption, or water efficiency. Face means an illuminated side of an illuminated exit sign. Illuminated exit sign means a sign that— (1) Is designed to be permanently fixed in place to identify an exit; and (2) Consists of an electrically powered integral light source that— (i) Illuminates the legend “EXIT” and any directional indicators; and (ii) Provides contrast between the legend, any directional indicators, and the background. Input power demand means the amount of power required to continuously illuminate an exit sign model, measured in watts (W). For exit sign models with rechargeable batteries, input power demand shall be measured with batteries at full charge. | |||
| 10:10:4.0.1.1.1.12.59.3 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | L | Subpart L—Illuminated Exit Signs | § 431.203 Materials incorporated by reference. | DOE | [71 FR 71373, Dec. 8, 2006] | (a) General. The Department incorporates by reference the following test procedures into subpart L of part 431. The Director of the Federal Register has approved the material listed in paragraph (b) of this section for incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Any subsequent amendment to this material by the standard-setting organization will not affect the DOE test procedures unless and until DOE amends its test procedures. The Department incorporates the material as it exists on the date of the approval by the Federal Register and a notice of any change in the material will be published in the Federal Register. (b) Test procedure incorporated by reference. Environmental Protection Agency “ENERGY STAR Program Requirements for Exit Signs,” Version 2.0 issued January 1, 1999. (c) Availability of reference —(1) Inspection of test procedure. The test procedure incorporated by reference are available for inspection at: (i) National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (ii) U.S. Department of Energy, Forrestal Building, Room 1J-018 (Resource Room of the Building Technologies Program), 1000 Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-9127, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. (2) Obtaining copies of the standard. Copies of the Environmental Protection Agency “ENERGY STAR Program Requirements for Exit Signs,” Version 2.0, may be obtained from the Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202) 272-0167 or at http://www.epa.gov. | |||
| 10:10:4.0.1.1.1.12.59.4 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | L | Subpart L—Illuminated Exit Signs | § 431.204 Uniform test method for the measurement of energy consumption of illuminated exit signs. | DOE | [71 FR 71373, Dec. 8, 2006] | (a) Scope. This section provides the test procedure for measuring, pursuant to EPCA, the input power demand of illuminated exit signs. For purposes of this part 431 and EPCA, the test procedure for measuring the input power demand of illuminated exit signs shall be the test procedure specified in § 431.203(b). (b) Testing and Calculations. Determine the energy efficiency of each covered product by conducting the test procedure, set forth in the Environmental Protection Agency's “ENERGY STAR Program Requirements for Exit Signs,” Version 2.0, section 4 (Test Criteria), “Conditions for testing” and “Input power measurement.” (Incorporated by reference, see § 431.203) | |||
| 10:10:4.0.1.1.1.12.60.5 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | L | Subpart L—Illuminated Exit Signs | § 431.206 Energy conservation standards and their effective dates. | DOE | An illuminated exit sign manufactured on or after January 1, 2006, shall have an input power demand of 5 watts or less per face. | ||||
| 10:10:4.0.1.1.1.13.61.1 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | M | Subpart M—Traffic Signal Modules and Pedestrian Modules | § 431.221 Purpose and scope. | DOE | This subpart contains energy conservation requirements for traffic signal modules and pedestrian modules, pursuant to Part B of Title III of the Energy Policy and Conservation Act, as amended, 42 U.S.C. 6291-6309. | ||||
| 10:10:4.0.1.1.1.13.61.2 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | M | Subpart M—Traffic Signal Modules and Pedestrian Modules | § 431.222 Definitions concerning traffic signal modules and pedestrian modules. | DOE | [70 FR 60417, Oct. 18, 2005, as amended at 71 FR 71373, Dec. 8, 2006; 76 FR 12504, Mar. 7, 2011] | Basic model means all units of a given type of covered product (or class thereof) manufactured by one manufacturer, having the same primary energy source, and which have essentially identical electrical, physical, and functional (or hydraulic) characteristics that affect energy consumption, energy efficiency, water consumption, or water efficiency. Maximum wattage means the power consumed by the module after being operated for 60 minutes while mounted in a temperature testing chamber so that the lensed portion of the module is outside the chamber, all portions of the module behind the lens are within the chamber at a temperature of 74 °C and the air temperature in front of the lens is maintained at a minimum of 49 °C. Nominal wattage means the power consumed by the module when it is operated within a chamber at a temperature of 25 °C after the signal has been operated for 60 minutes. Pedestrian module means a light signal used to convey movement information to pedestrians. Traffic signal module means a standard 8-inch (200 mm) or 12-inch (300 mm) traffic signal indication that— (1) Consists of a light source, a lens, and all other parts necessary for operation; and (2) Communicates movement messages to drivers through red, amber, and green colors. | |||
| 10:10:4.0.1.1.1.13.61.3 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | M | Subpart M—Traffic Signal Modules and Pedestrian Modules | § 431.223 Materials incorporated by reference. | DOE | [71 FR 71373, Dec. 8, 2006] | (a) General. The Department incorporates by reference the following test procedures into subpart M of part 431. The Director of the Federal Register has approved the material listed in paragraph (b) of this section for incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Any subsequent amendment to this material by the standard-setting organization will not affect the DOE test procedures unless and until DOE amends its test procedures. The Department incorporates the material as it exists on the date of the approval by the Federal Register and a notice of any change in the material will be published in the Federal Register. (b) List of test procedures incorporated by reference. (1) Environmental Protection Agency, “ENERGY STAR Program Requirements for Traffic Signals,” Version 1.1 issued February 4, 2003. (2) Institute of Transportation Engineers (ITE), “Vehicle Traffic Control Signal Heads: Light Emitting Diode (LED) Circular Signal Supplement,” June 27, 2005. (c) Availability of references —(1) Inspection of test procedures. The test procedures incorporated by reference are available for inspection at: (i) National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (ii) U.S. Department of Energy, Forrestal Building, Room 1J-018 (Resource Room of the Building Technologies Program), 1000 Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-9127, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. (2) Obtaining copies of standards. Standards incorporated by reference may be obtained from the following sources: (i) Copies of the Environmental Protection Agency “ENERGY STAR Program Requirements for Traffic Signals,” Version 1.1, may be obtained from the Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202) 27… | |||
| 10:10:4.0.1.1.1.13.61.4 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | M | Subpart M—Traffic Signal Modules and Pedestrian Modules | § 431.224 Uniform test method for the measurement of energy consumption for traffic signal modules and pedestrian modules. | DOE | [71 FR 71373, Dec. 8, 2006] | (a) Scope. This section provides the test procedures for measuring, pursuant to EPCA, the maximum wattage and nominal wattage of traffic signal modules and pedestrian modules. For purposes of 10 CFR part 431 and EPCA, the test procedures for measuring the maximum wattage and nominal wattage of traffic signal modules and pedestrian modules shall be the test procedures specified in § 431.223(b). (b) Testing and Calculations. Determine the nominal wattage and maximum wattage of each covered traffic signal module or pedestrian module by conducting the test procedure set forth in Environmental Protection Agency, “ENERGY STAR Program Requirements for Traffic Signals,” Version 1.1, section 1, “Definitions,” and section 4, “Test Criteria.” (Incorporated by reference, see § 431.223) Use a wattmeter having an accuracy of ±1% to measure the nominal wattage and maximum wattage of a red and green traffic signal module, and a pedestrian module when conducting the photometric and colormetric tests as specified by the testing procedures in VTCSH 2005. | |||
| 10:10:4.0.1.1.1.13.62.5 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | M | Subpart M—Traffic Signal Modules and Pedestrian Modules | § 431.226 Energy conservation standards and their effective dates. | DOE | [70 FR 60417, Oct. 18, 2005, as amended at 71 FR 71374, Dec. 8, 2006] | Any traffic signal module or pedestrian module manufactured on or after January 1, 2006, shall meet both of the following requirements: (a) Have a nominal wattage and maximum wattage no greater than: (b) Be installed with compatible, electrically connected signal control interface devices and conflict monitoring systems. | |||
| 10:10:4.0.1.1.1.14.63.1 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | N | Subpart N—Unit Heaters | § 431.241 Purpose and scope. | DOE | This subpart contains energy conservation requirements for unit heaters, pursuant to Part B of Title III of the Energy Policy and Conservation Act, as amended, 42 U.S.C. 6291-6309. | ||||
| 10:10:4.0.1.1.1.14.63.2 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | N | Subpart N—Unit Heaters | § 431.242 Definitions concerning unit heaters. | DOE | [70 FR 60418, Oct. 18, 2005, as amended at 71 FR 71374, Dec. 8, 2006; 76 FR 12504, Mar. 7, 2011] | Automatic flue damper means a device installed in the flue outlet or in the inlet of or upstream of the draft control device of an individual, automatically operated, fossil fuel-fired appliance that is designed to automatically open the flue outlet during appliance operation and to automatically close the flue outlet when the appliance is in a standby condition. Automatic vent damper means a device intended for installation in the venting system of an individual, automatically operated, fossil fuel-fired appliance either in the outlet or downstream of the appliance draft control device, which is designed to automatically open the venting system when the appliance is in operation and to automatically close off the venting system when the appliance is in a standby or shutdown condition. Basic model means all units of a given type of covered product (or class thereof) manufactured by one manufacturer, having the same primary energy source, and which have essentially identical electrical, physical, and functional (or hydraulic) characteristics that affect energy consumption, energy efficiency, water consumption, or water efficiency. Intermittent ignition device means an ignition device in which the ignition source is automatically shut off when the appliance is in an off or standby condition. Power venting means a venting system that uses a separate fan, either integral to the appliance or attached to the vent pipe, to convey products of combustion and excess or dilution air through the vent pipe. Unit heater means a self-contained fan-type heater designed to be installed within the heated space; however, the term does not include a warm air furnace. Warm air furnace means commercial warm air furnace as defined in § 431.72. | |||
| 10:10:4.0.1.1.1.14.64.3 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | N | Subpart N—Unit Heaters | § 431.246 Energy conservation standards and their effective dates. | DOE | [70 FR 60418, Oct. 18, 2005, as amended at 71 FR 71374, Dec. 8, 2006] | A unit heater manufactured on or after August 8, 2008, shall: (a) Be equipped with an intermittent ignition device; and (b) Have power venting or an automatic flue damper. An automatic vent damper is an acceptable alternative to an automatic flue damper for those unit heaters where combustion air is drawn from the conditioned space. | |||
| 10:10:4.0.1.1.1.15.65.1 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | O | Subpart O—Commercial Prerinse Spray Valves | § 431.261 Purpose and scope. | DOE | This subpart contains energy conservation requirements for commercial prerinse spray valves, pursuant to section 135 of the Energy Policy Act of 2005, Pub. L. 109-58. | ||||
| 10:10:4.0.1.1.1.15.65.2 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | O | Subpart O—Commercial Prerinse Spray Valves | § 431.262 Definitions. | DOE | [80 FR 81453, Dec. 30, 2015, as amended at 87 FR 13909, Mar. 11, 2022] | As used in this subpart: Basic model means all spray settings of a given class manufactured by one manufacturer, which have essentially identical physical and functional (or hydraulic) characteristics that affect water consumption or water efficiency. Commercial prerinse spray valve means a handheld device that has a release-to-close valve and is suitable for removing food residue from food service items before cleaning them in commercial dishwashing or ware washing equipment. DOE may determine that a device is suitable for removing food residue from food service items before cleaning them in commercial dishwashing or ware washing equipment based on any or all of the following: (1) Equipment design and representations (for example, whether equipment is represented as being capable of rinsing dishes as compared to equipment that is represented exclusively for washing walls and floors or animal washing); (2) Channels of marketing and sales (for example, whether equipment is marketed or sold through outlets that market or sell to food service entities); (3) Actual sales (including whether the end-users are restaurants or commercial or institutional kitchens, even if those sales are indirectly through an entity such as a distributor). Spray force means the amount of force exerted onto the spray disc, measured in ounce-force (ozf). | |||
| 10:10:4.0.1.1.1.15.65.3 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | O | Subpart O—Commercial Prerinse Spray Valves | § 431.263 Materials incorporated by reference. | DOE | [87 FR 13910, Mar. 11, 2022] | (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 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 material is available for inspection at the 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 Program, 6th Floor, 950 L'Enfant Plaza SW, Washington, DC 20024, (202) 586-9127, or Buildings@ee.doe.gov, https://www.energy.gov/eere/buildings/building-technologies-office. For information on the availability of this material at NARA, email: fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained from the source(s) in the following paragraph(s) of this section. (b) ASTM. ASTM, International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959, (610) 832-9585, or go to www.astm.org. (1) ASTM F2324-13 (R2019) (“ASTM F2324”),”Standard Test Method for Prerinse Spray Valves”, Approved May 1, 2019; IBR approved for § 431.264. (2) [Reserved] | |||
| 10:10:4.0.1.1.1.15.65.4 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | O | Subpart O—Commercial Prerinse Spray Valves | § 431.264 Uniform test method to measure flow rate and spray force of commercial prerinse spray valves. | DOE | [80 FR 81453, Dec. 30, 2015, as amended at 87 FR 13910, Mar. 11, 2022] | (a) Scope. This section provides the test procedure to measure the flow rate and spray force of a commercial prerinse spray valve. (b) Testing and calculations for a unit with a single spray setting —(1) Flow rate. (i) Test each unit in accordance with the requirements of Sections 6.1 through 6.9 (Apparatus) (except 6.4 and 6.7), 9.1 through 9.4 (Preparation of Apparatus), and 10.1 through 10.2.5 (Procedure) of ASTM F2324, (incorporated by reference, see § 431.263). Precatory language in ASTM F2324 is to be treated as mandatory for the purpose of testing. In Section 9.1 of ASTM F2324, the second instance of “prerinse spray valve” refers to the spring-style deck-mounted prerinse unit defined in Section 6.8. In lieu of using manufacturer installation instructions or packaging, always connect the commercial prerinse spray valve to the flex tubing for testing. Normalize the weight of the water to calculate flow rate using Equation 1 to this paragraph, where W water is the weight normalized to a 1 minute time period, W 1 is the weight of the water in the carboy at the conclusion of the flow rate test, and t 1 is the total recorded time of the flow rate test. (ii) Perform calculations in accordance with Section 11.3.1 (Calculation and Report) of ASTM F2324. Record the water temperature ( °F) and dynamic water pressure (psi) once at the start for each run of the test. Record the time (min), the normalized weight of water in the carboy (lb) and the resulting flow rate (gpm) once at the end of each run of the test. Record flow rate measurements of time (min) and weight (lb) at the resolutions of the test instrumentation. Perform three runs on each unit, as specified in Section 10.2.5 of ASTM F2324, but disregard any references to Annex A1. Then, for each unit, calculate the mean of the three flow rate values determined from each run. Round the final value for flow rate to two decimal places and record that value. (2) Spray force. Test each unit in accordance with the test requirements specified in Sections 6.… | |||
| 10:10:4.0.1.1.1.15.66.5 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | O | Subpart O—Commercial Prerinse Spray Valves | § 431.266 Energy conservation standards and their effective dates. | DOE | [81 FR 4801, Jan. 27, 2016] | (a) Commercial prerinse spray valves manufactured on or after January 1, 2006 and before January 28, 2019, shall have a flow rate of not more than 1.6 gallons per minute. For the purposes of this standard, a commercial prerinse spray valve is a handheld device designed and marketed for use with commercial dishwashing and ware washing equipment that sprays water on dishes, flatware, and other food service items for the purpose of removing food residue before cleaning the items. (b) Commercial prerinse spray valves manufactured on or after January 28, 2019 shall have a flow rate that does not exceed the following: (1) For the purposes of this standard, the definition of commercial prerinse spray valve in § 431.262 applies. (2) [Reserved] | |||
| 10:10:4.0.1.1.1.16.67.1 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | P | Subpart P—Mercury Vapor Lamp Ballasts | § 431.281 Purpose and scope. | DOE | This subpart contains energy conservation requirements for mercury vapor lamp ballasts, pursuant to section 135 of the Energy Policy Act of 2005, Pub. L. 109-58. | ||||
| 10:10:4.0.1.1.1.16.67.2 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | P | Subpart P—Mercury Vapor Lamp Ballasts | § 431.282 Definitions concerning mercury vapor lamp ballasts. | DOE | [74 FR 12074, Mar. 23, 2009] | Ballast means a device used with an electric discharge lamp to obtain necessary circuit conditions (voltage, current, and waveform) for starting and operating. High intensity discharge lamp means an electric-discharge lamp in which— (1) The light-producing arc is stabilized by the arc tube wall temperature; and (2) The arc tube wall loading is in excess of 3 Watts/cm 2 , including such lamps that are mercury vapor, metal halide, and high-pressure sodium lamps. Mercury vapor lamp means a high intensity discharge lamp, including clear, phosphor-coated, and self-ballasted screw base lamps, in which the major portion of the light is produced by radiation from mercury typically operating at a partial vapor pressure in excess of 100,000 Pa (approximately 1 atm). Mercury vapor lamp ballast means a device that is designed and marketed to start and operate mercury vapor lamps intended for general illumination by providing the necessary voltage and current. Specialty application mercury vapor lamp ballast means a mercury vapor lamp ballast that— (1) Is designed and marketed for operation of mercury vapor lamps used in quality inspection, industrial processing, or scientific use, including fluorescent microscopy and ultraviolet curing; and (2) In the case of a specialty application mercury vapor lamp ballast, the label of which— (i) Provides that the specialty application mercury vapor lamp ballast is ‘For specialty applications only, not for general illumination’; and (ii) Specifies the specific applications for which the ballast is designed. | |||
| 10:10:4.0.1.1.1.16.68.3 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | P | Subpart P—Mercury Vapor Lamp Ballasts | § 431.286 Energy conservation standards and their effective dates. | DOE | [74 FR 12074, Mar. 23, 2009] | Mercury vapor lamp ballasts, other than specialty application mercury vapor lamp ballasts, shall not be manufactured or imported after January 1, 2008. | |||
| 10:10:4.0.1.1.1.17.69.1 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | Q | Subpart Q—Refrigerated Bottled or Canned Beverage Vending Machines | § 431.291 Scope. | DOE | [80 FR 45792, July 31, 2015] | This subpart specifies test procedures and energy conservation standards for certain commercial refrigerated bottled or canned beverage vending machines, pursuant to part A of Title III of the Energy Policy and Conservation Act, as amended, 42 U.S.C. 6291-6309. The regulatory provisions of §§ 430.33 and 430.34 and subparts D and E of part 430 of this chapter are applicable to refrigerated bottled or canned beverage vending machines. | |||
| 10:10:4.0.1.1.1.17.69.2 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | Q | Subpart Q—Refrigerated Bottled or Canned Beverage Vending Machines | § 431.292 Definitions concerning refrigerated bottled or canned beverage vending machines. | DOE | [71 FR 71375, Dec. 8, 2006, as amended at 74 FR 44967, Aug. 31, 2009; 76 FR 12504, Mar. 7, 2011; 80 FR 45792, July 31, 2015; 81 FR 1112, Jan. 8, 2016] | Basic model means all units of a given type of covered product (or class thereof) manufactured by one manufacturer, having the same primary energy source, and which have essentially identical electrical, physical, and functional (or hydraulic) characteristics that affect energy consumption, energy efficiency, water consumption, or water efficiency. Bottled or canned beverage means a beverage in a sealed container. Class A means a refrigerated bottled or canned beverage vending machine that is not a combination vending machine and in which 25 percent or more of the surface area on the front side of the beverage vending machine is transparent. Class B means a refrigerated bottled or canned beverage vending machine that is not considered to be Class A and is not a combination vending machine. Combination A means a combination vending machine where 25 percent or more of the surface area on the front side of the beverage vending machine is transparent. Combination B means a combination vending machine that is not considered to be Combination A. Combination vending machine means a bottled or canned beverage vending machine containing two or more compartments separated by a solid partition, that may or may not share a product delivery chute, in which at least one compartment is designed to be refrigerated, as demonstrated by the presence of temperature controls, and at least one compartment is not. Refrigerated bottled or canned beverage vending machine means a commercial refrigerator (as defined at § 431.62) that cools bottled or canned beverages and dispenses the bottled or canned beverages on payment. Transparent means greater than or equal to 45 percent light transmittance, as determined in accordance with ASTM E 1084-86 (Reapproved 2009), (incorporated by reference, see § 431.293) at normal incidence and in the intended direction of viewing. V means the refrigerated volume (ft 3 ) of the refrigerated bottled or canned beverage vending machine, as measured by Appendix C of ANSI/ASHRAE 32.1 (incor… | |||
| 10:10:4.0.1.1.1.17.69.3 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | Q | Subpart Q—Refrigerated Bottled or Canned Beverage Vending Machines | § 431.293 Materials incorporated by reference. | DOE | [88 FR 28400, May 4, 2023] | (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the 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 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 Program, 1000 Independence Ave. SW, EE-5B, Washington, DC 20585, (202) 586-9127, Buildings@ee.doe.gov, https://www.energy.gov/eere/buildings/building-technologies-office. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html 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; www.aham.org. (1) AHAM HRF-1-2016, Energy and Internal Volume of Refrigerating Appliances, copyright 2016; IBR approved for appendix B to this subpart. (2) [Reserved] (c) ASHRAE. American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., 1791 Tullie Circle NE, Atlanta, GA 30329; (404) 636-8400; www.ashrae.org. (1) ANSI/ASHRAE Standard 32.1-2022 (ANSI/ASHRAE 32.1), Methods of Testing for Rating Refrigerated Vending Machines for Sealed Beverages, approved December 30, 2022; IBR approved for § 431.292 and appendix B to this subpart. (2) [Reserved] (d) ASTM. ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; (877) 909-2786; www.astm.org. (1) ASTM E 1084-86 (Reapproved 2009), Standard Test Method for Solar Transmittance (Terrestrial) of Sheet Materials Using Sunlight, approved … | |||
| 10:10:4.0.1.1.1.17.69.4 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | Q | Subpart Q—Refrigerated Bottled or Canned Beverage Vending Machines | § 431.294 Uniform test method for the measurement of energy consumption of refrigerated bottled or canned beverage vending machines. | DOE | [71 FR 71375, Dec. 8, 2006, as amended at 80 FR 45793, July 31, 2015] | (a) Scope. This section provides test procedures for measuring, pursuant to EPCA, the energy consumption of refrigerated bottled or canned beverage vending machines. (b) Testing and Calculations. Determine the daily energy consumption of each covered refrigerated bottled or canned beverage vending machine by conducting the appropriate test procedure set forth in appendix A or B to this subpart. | |||
| 10:10:4.0.1.1.1.17.70.5 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | Q | Subpart Q—Refrigerated Bottled or Canned Beverage Vending Machines | § 431.296 Energy conservation standards and their effective dates. | DOE | [81 FR 1113, Jan. 8, 2016] | (a) Each refrigerated bottled or canned beverage vending machine manufactured on or after August 31, 2012 and before January 8, 2019, shall have a daily energy consumption (in kilowatt hours per day), when measured in accordance with the DOE test procedure at § 431.294, that does not exceed the following: † “V” is the representative value of refrigerated volume (ft 3 ) of the BVM model, as calculated pursuant to 10 CFR 429.52(a)(3). (b) Each refrigerated bottled or canned beverage vending machine manufactured on or after January 8, 2019, shall have a daily energy consumption (in kilowatt hours per day), when measured in accordance with the DOE test procedure at § 431.294, that does not exceed the following: † “V” is the representative value of refrigerated volume (ft 3 ) of the BVM model, as calculated pursuant to 10 CFR 429.52(a)(3). | |||
| 10:10:4.0.1.1.1.18.71.1 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | R | Subpart R—Walk-in Coolers and Walk-in Freezers | § 431.301 Purpose and scope. | DOE | This subpart contains energy conservation requirements for walk-in coolers and walk-in freezers, pursuant to Part C of Title III of the Energy Policy and Conservation Act, as amended, 42 U.S.C. 6311-6317. | ||||
| 10:10:4.0.1.1.1.18.71.2 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | R | Subpart R—Walk-in Coolers and Walk-in Freezers | § 431.302 Definitions concerning walk-in coolers and walk-in freezers. | DOE | [74 FR 12074, Mar. 23, 2009, as amended at 76 FR 12504, Mar. 7, 2011; 76 FR 21604, Apr. 15, 2011; 76 FR 33631, June 9, 2011; 79 FR 32123, June 3, 2014; 81 FR 95801, Dec. 28, 2016; 88 FR 28838, May 4, 2023] | Adaptive defrost means a factory-installed defrost control system that reduces defrost frequency by initiating defrosts or adjusting the number of defrosts per day in response to operating conditions ( e.g., moisture levels in the refrigerated space, measurements that represent coil frost load) rather than initiating defrost strictly based on compressor run time or clock time. Attached split system means a matched pair refrigeration system which is designed to be installed with the evaporator entirely inside the walk-in enclosure and the condenser entirely outside the walk-in enclosure, and the evaporator and condenser are permanently connected with structural members extending through the walk-in wall. Basic model means all components of a given type of walk-in cooler or walk-in freezer (or class thereof) manufactured by one manufacturer, having the same primary energy source, and which have essentially identical electrical, physical, and functional (or hydraulic) characteristics that affect energy consumption, energy efficiency, water consumption, or water efficiency; and (1) With respect to panels, which do not have any differing features or characteristics that affect U-factor. (2) [Reserved] CO 2 unit cooler means a unit cooler that includes a nameplate listing only CO 2 as an approved refrigerant. Dedicated condensing unit means a positive displacement condensing unit that is part of a refrigeration system (as defined in this section) and is an assembly that (1) Includes 1 or more compressors, a condenser, and one refrigeration circuit; and (2) Is designed to serve one refrigerated load. Dedicated condensing refrigeration system means one of the following: (1) A dedicated condensing unit; (2) A single-package dedicated system; or (3) A matched refrigeration system. Detachable single-packaged dedicated system means a system consisting of a dedicated condensing unit and an insulated evaporator section in which the evaporator section is designed to be installed external to the walk-in e… | |||
| 10:10:4.0.1.1.1.18.71.3 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | R | Subpart R—Walk-in Coolers and Walk-in Freezers | § 431.303 Materials incorporated by reference. | DOE | [88 FR 28838, May 4, 2023] | (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 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 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 Program, Sixth Floor, 950 L'Enfant Plaza SW, Washington, DC 20024, (202) 586-9127, Buildings@ee.doe.gov, www.energy.gov/eere/buildings/building-technologies-office. For information on the availability of this material at NARA, email: fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained from the sources in the following paragraphs of this section. (b) AHRI. Air-Conditioning, Heating, and Refrigeration Institute, 2111 Wilson Boulevard, Suite 500, Arlington, VA 22201; (703) 600-0366; www.ahrinet.org. (1) ANSI/AHRI Standard 420-2008 (“AHRI 420-2008”), Performance Rating of Forced-Circulation Free-Delivery Unit Coolers for Refrigeration, Copyright 2008; IBR approved for appendix C to subpart R. (2) AHRI Standard 1250P (I-P)-2009 (“AHRI 1250-2009”), Standard for Performance Rating of Walk-in Coolers and Freezers, (including Errata sheet dated December 2015), copyright 2009, except Table 15 and Table 16; IBR approved for appendix C to subpart R. (3) AHRI Standard 1250 (“AHRI 1250-2020”), Standard for Performance Rating of Walk-in Coolers and Freezers, copyright 2020; IBR approved for appendix C1 to subpart R. (c) ASHRAE. American Society of Heating, Refrigerating and Air-Conditioning Engineers, 180 Technology Parkway, Peachtree Corners, GA 30092; (404) 636-8400; www.ashrae.org. (1) ANSI… | |||
| 10:10:4.0.1.1.1.18.71.4 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | R | Subpart R—Walk-in Coolers and Walk-in Freezers | § 431.304 Uniform test method for the measurement of energy consumption of walk-in coolers and walk-in freezers. | DOE | [74 FR 12074, Mar. 23, 2009, as amended at 76 FR 21605, Apr. 15, 2011; 76 FR 33631, June 9, 2011; 76 FR 65365, Oct. 21, 2011; 79 FR 27412, May 13, 2014; 79 FR 32123, June 3, 2014; 81 FR 95802, Dec. 28, 2016; 88 FR 28839, May 4, 2023] | (a) Scope. This section provides test procedures for measuring, pursuant to EPCA, the energy consumption of walk-in coolers and walk-in freezers. (b) Testing and calculations. Determine the energy efficiency and/or energy consumption of the specified walk-in cooler and walk-in freezer components by conducting the appropriate test procedure as follows: (1) Display panels. Determine the energy use of walk-in cooler and walk-in freezer display panels by conducting the test procedure set forth in appendix A to this subpart. (2) Display doors and non-display doors. Determine the energy use of walk-in cooler and walk-in freezer display doors and non-display doors by conducting the test procedure set forth in appendix A to this subpart. (3) Non-display panels and non-display doors. Determine the R-value of insulation of walk-in cooler and walk-in freezer non-display panels and non-display doors by conducting the test procedure set forth in appendix B to this subpart. (4) Refrigeration systems. Determine the AWEF and net capacity of walk-in cooler and walk-in freezer refrigeration systems by conducting the test procedures set forth in appendix C or C1 to this subpart, as applicable. Refer to the notes at the beginning of those appendices to determine the applicable appendix to use for testing. (i) For unit coolers: follow the general testing provisions in sections 3.1 and 3.2, and the equipment-specific provisions in section 3.3 of appendix C or sections 4.5 through 4.8 of appendix C1. (ii) For dedicated condensing units: follow the general testing provisions in sections 3.1 and 3.2, and the product-specific provisions in section 3.4 of appendix C or sections 4.5 through 4.8 of appendix C1. (iii) For single-packaged dedicated systems: follow the general testing provisions in sections 3.1 and 3.2, and the product-specific provisions in section 3.3 of appendix C or sections 4.5 through 4.8 of appendix C1. | |||
| 10:10:4.0.1.1.1.18.71.5 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | R | Subpart R—Walk-in Coolers and Walk-in Freezers | § 431.305 Walk-in cooler and walk-in freezer labeling requirements. | DOE | [81 FR 95802, Dec. 28, 2016, as amended at 89 FR 82071, Oct. 9, 2024; 90 FR 43384, Sept. 9, 2025] | (a) Panel nameplate— (1) Required information. The permanent nameplate of a walk-in cooler or walk-in freezer panel for which standards are prescribed in § 431.306 must be marked clearly with the following information: (i) The panel brand or manufacturer; and (ii) One of the following statements, as appropriate: (A) “This panel is designed and certified for use in walk-in cooler applications.” (B) “This panel is designed and certified for use in walk-in freezer applications.” (C) “This panel is designed and certified for use in walk-in cooler and walk-in freezer applications.” (2) Display of required information. All orientation, spacing, type sizes, typefaces, and line widths to display this required information must be the same as or similar to the display of the other performance data included on the panel's permanent nameplate. The permanent nameplate must be visible unless the panel is assembled into a completed walk-in. (b) Door nameplate— (1) Required information. The permanent nameplate of a walk-in cooler or walk-in freezer door for which standards are prescribed in § 431.306 must be marked clearly with the following information: (i) The door brand or manufacturer; and (ii) One of the following statements, as appropriate: (A) “This door is designed and certified for use in walk-in cooler applications.” (B) “This door is designed and certified for use in walk-in freezer applications.” (C) “This door is designed and certified for use in walk-in cooler and walk-in freezer applications.” (2) Display of required information. All orientation, spacing, type sizes, typefaces, and line widths to display this required information must be the same as or similar to the display of the other performance data included on the door's permanent nameplate. The permanent nameplate must be visible unless the door is assembled into a completed walk-in. (c) Refrigeration system nameplate—(1) Required information. The permanent nameplate of a walk-in cooler or walk-in freezer refrigeration system for which sta… | |||
| 10:10:4.0.1.1.1.18.72.6 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | R | Subpart R—Walk-in Coolers and Walk-in Freezers | § 431.306 Energy conservation standards and their effective dates. | DOE | [74 FR 12074, Mar. 23, 2009, as amended at 78 FR 62993, Oct. 23, 2013; 79 FR 32123, June 3, 2014; 80 FR 69838, Nov. 12, 2015; 82 FR 31885, July 10, 2017] | (a) Each walk-in cooler or walk-in freezer manufactured on or after January 1, 2009, shall— (1) Have automatic door closers that firmly close all walk-in doors that have been closed to within 1 inch of full closure, except that this paragraph shall not apply to doors wider than 3 feet 9 inches or taller than 7 feet; (2) Have strip doors, spring hinged doors, or other method of minimizing infiltration when doors are open; (3) Contain wall, ceiling, and door insulation of at least R-25 for coolers and R-32 for freezers, except that this paragraph shall not apply to: (i) Glazed portions of doors not to structural members and (ii) A walk-in cooler or walk-in freezer component if the component manufacturer has demonstrated to the satisfaction of the Secretary in a manner consistent with applicable requirements that the component reduces energy consumption at least as much as if such insulation requirements of subparagraph (a)(3) were to apply. (4) Contain floor insulation of at least R-28 for freezers; (5) For evaporator fan motors of under 1 horsepower and less than 460 volts, use— (i) Electronically commutated motors (brushless direct current motors); or (ii) 3-phase motors; (6) For condenser fan motors of under 1 horsepower, use— (i) Electronically commutated motors (brushless direct current motors); (ii) Permanent split capacitor-type motors; or (iii) 3-phase motors; and (7) For all interior lights, use light sources with an efficacy of 40 lumens per watt or more, including ballast losses (if any), except that light sources with an efficacy of 40 lumens per watt or less, including ballast losses (if any), may be used in conjunction with a timer or device that turns off the lights within 15 minutes of when the walk-in cooler or walk-in freezer is not occupied by people. (b) Each walk-in cooler or walk-in freezer with transparent reach-in doors manufactured on or after January 1, 2009, shall also meet the following specifications: (1) Transparent reach-in doors for walk-in freezers and windows in wal… | |||
| 10:10:4.0.1.1.1.19.73.1 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | S | Subpart S—Metal Halide Lamp Ballasts and Fixtures | § 431.321 Purpose and scope. | DOE | [75 FR 10966, Mar. 9, 2010] | This subpart contains energy conservation requirements for metal halide lamp ballasts and fixtures, pursuant to Part A of Title III of the Energy Policy and Conservation Act, as amended, 42 U.S.C. 6291-6309. | |||
| 10:10:4.0.1.1.1.19.73.2 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | S | Subpart S—Metal Halide Lamp Ballasts and Fixtures | § 431.322 Definitions concerning metal halide lamp ballasts and fixtures. | DOE | [74 FR 12075, Mar. 23, 2009, as amended at 75 FR 10966, Mar. 9, 2010; 74 FR 12074, Mar. 23, 2009; 79 FR 7843, Feb. 10, 2014; 87 FR 37699, June 24, 2022] | Active mode means the condition in which an energy-using product: (1) Is connected to a main power source; (2) Has been activated; and (3) Provides one or more main functions. Ballast means a device used with an electric discharge lamp to obtain necessary circuit conditions (voltage, current, and waveform) for starting and operating. Ballast efficiency means, in the case of a high intensity discharge fixture, the efficiency of a lamp and ballast combination, expressed as a percentage, and calculated in accordance with the following formula: Efficiency = P out /P in where: (1) P out equals the measured operating lamp wattage; and (2) P in equals the measured operating input wattage. (3) The lamp, and the capacitor when the capacitor is provided, shall constitute a nominal system in accordance with the ANSI C78.43-2017 (incorporated by reference; see § 431.323); (4) For ballasts with a frequency of 60 Hz, Pin and Pout shall be measured after lamps have been stabilized according to Section 4.4 of ANSI C82.6-2015 (incorporated by reference; see § 431.323) using a wattmeter with accuracy specified in Section 4.5 of ANSI C82.6-2015; and (5) For ballasts with a frequency greater than 60 Hz, Pin and Pout shall have a basic accuracy of ±0.5 percent at the higher of either 3 times the output operating frequency of the ballast or 2.4 kHz. Basic model means all units of a given type of covered product (or class thereof) manufactured by one manufacturer, having the same primary energy source, and which have essentially identical electrical, physical, and functional (or hydraulic) characteristics that affect energy consumption, energy efficiency, water consumption, or water efficiency, and are rated to operate a given lamp type and wattage. Ceramic metal halide lamp means a metal halide lamp with an arc tube made of ceramic materials. Electronic ballast means a device that uses semiconductors as the primary means to control lamp starting and operation. General lighting application means lighting that pr… | |||
| 10:10:4.0.1.1.1.19.73.3 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | S | Subpart S—Metal Halide Lamp Ballasts and Fixtures | § 431.323 Materials incorporated by reference. | DOE | [74 FR 12075, Mar. 23, 2009, as amended at 75 FR 10966, Mar. 9, 2010; 87 FR 37699, June 24, 2022] | (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 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 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 Program, Sixth Floor, 950 L'Enfant Plaza SW, Washington, DC 20024, (202) 586-9127, Buildings@ee.doe.gov, https://www.energy.gov/eere/buildings/building-technologies-office. For information on the availability of this material at NARA, email: fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained from the sources in the following paragraphs of this section. (b) ANSI. American National Standards Institute, 25 W. 43rd Street, 4th Floor, New York, NY 10036; 212-642-4900; www.ansi.org. (1) ANSI C78.43-2017, American National Standard for Electric Lamps—Single-Ended Metal Halide Lamps, approved December 21, 2017; IBR approved for § 431.324. (2) ANSI C78.44-2016, American National Standard for Electric Lamps—Double-Ended Metal Halide Lamps, approved July 1, 2016; IBR approved for § 431.324. (3) ANSI C82.6-2015 (R2020), American National Standard for Lamp Ballasts—Ballasts for High-Intensity Discharge Lamps—Methods of Measurement, approved March 30, 2020; IBR approved for §§ 431.322; 431.324. (4) ANSI C82.9-2016, American National Standard for Lamp Ballasts—High Intensity Discharge and Low-Pressure Sodium Lamps—Definitions, approved July 12, 2016; IBR approved for §§ 431.322; 431.324. (c) IEC. International Electrotechnical Commission, 3 rue de Varembé, 1st Floor, P.O. Box 131, CH—1211 Geneva 20—… | |||
| 10:10:4.0.1.1.1.19.73.4 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | S | Subpart S—Metal Halide Lamp Ballasts and Fixtures | § 431.324 Uniform test method for the measurement of energy efficiency and standby mode energy consumption of metal halide lamp ballasts. | DOE | [87 FR 37699, June 24, 2022] | (a) Scope. This section provides test procedures for measuring, pursuant to EPCA, the energy efficiency of metal halide lamp ballasts. After July 25, 2022, and prior to December 21, 2022, any representations with respect to energy use or efficiency of metal halide lamp fixtures must be in accordance with the results of testing pursuant to this section or the test procedures as they appeared in 10 CFR 431.324 as it appeared in the 10 CFR parts 200-499 edition revised as of January 1, 2022. On or after December 21, 2022, any representations, including certifications of compliance for metal halide lamp fixtures subject to any energy conservation standard, made with respect to the energy use or efficiency of metal halide lamp fixtures must be made in accordance with the results of testing pursuant to this section. (b) Active mode procedure —(1) General instructions. Specifications in referenced standards that are recommended, that “shall” or “should” be met, or that are not otherwise explicitly optional, are mandatory. In cases where there is a conflict between any industry standard(s) and this section, the language of the test procedure in this section takes precedence over the industry standard(s). (2) Test conditions and setup. (i) The power supply, ballast conditions, lamp position, and instrumentation must all conform to the requirements specified in Section 4.0 of ANSI C82.6-2015 (R2020) (incorporated by reference; see § 431.323). (ii) Airflow in the room for the testing period must be ≤0.5 meters/second. (iii) Test circuits must be in accordance with the circuit connections specified in Section 6.3 of ANSI C82.6-2015 (R2020). (iv) For ballasts designed to operate lamps rated less than 150 W that have 120 V as an available input voltage, testing must be performed at 120 V. For ballasts designed to operate lamps rated less than 150 W that do not have 120 V as an available voltage, testing must be performed at the highest available input voltage. For ballasts designed to operate lamps rated greater th… | |||
| 10:10:4.0.1.1.1.19.74.5 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | S | Subpart S—Metal Halide Lamp Ballasts and Fixtures | § 431.326 Energy conservation standards and their effective dates. | DOE | [74 FR 12075, Mar. 23, 2009, as amended at 79 FR 7844, Feb. 10, 2014] | (a) Except as provided in paragraph (b) of this section, each metal halide lamp fixture manufactured on or after January 1, 2009, and designed to be operated with lamps rated greater than or equal to 150 watts but less than or equal to 500 watts shall contain— (1) A pulse-start metal halide ballast with a minimum ballast efficiency of 88 percent; (2) A magnetic probe-start ballast with a minimum ballast efficiency of 94 percent; or (3) A nonpulse-start electronic ballast with either a minimum ballast efficiency of 92 percent for wattages greater than 250 watts; or a minimum ballast efficiency of 90 percent for wattages less than or equal to 250 watts. (b) The standards described in paragraph (a) of this section do not apply to— (1) Metal halide lamp fixtures with regulated lag ballasts; (2) Metal halide lamp fixtures that use electronic ballasts that operate at 480 volts; or (3) Metal halide lamp fixtures that; (i) Are rated only for 150 watt lamps; (ii) Are rated for use in wet locations; as specified by the National Fire Protection Association in NFPA 70 (incorporated by reference; see § 431.323); and (iii) Contain a ballast that is rated to operate at ambient air temperatures above 50 °C, as specified in UL 1029, (incorporated by reference; see § 431.323). (c) Except when the requirements of paragraph (a) of this section are more stringent ( i.e., require a larger minimum efficiency value) or as provided by paragraph (e) of this section, each metal halide lamp fixture manufactured on or after February 10, 2017, must contain a metal halide ballast with an efficiency not less than the value determined from the appropriate equation in the following table: † Includes 150 W fixtures specified in paragraph (b)(3) of this section, that are fixtures rated only for 150 W lamps; rated for use in wet locations, as specified by the NFPA 70 (incorporated by reference, see § 431.323), section 410.4(A); and containing a ballast that is rated to operate at ambient air temperatures above 50 °C, as specified by… | |||
| 10:10:4.0.1.1.1.2.38.1 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Electric Motors | § 431.11 Purpose and scope. | DOE | [77 FR 26633, May 4, 2012, as amended at 86 FR 40774, July 29, 2021] | This subpart contains energy conservation requirements for electric motors. It contains test procedures that EPCA requires DOE to prescribe, related requirements, energy conservation standards prescribed by EPCA, labeling rules, and compliance procedures. It also identifies materials incorporated by reference in this part. This subpart does not cover “small electric motors,” which are addressed in subpart X of this part. This subpart does not cover electric motors that are “dedicated-purpose pool pump motors,” which are addressed in subpart Z of this part. | |||
| 10:10:4.0.1.1.1.2.38.2 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Electric Motors | § 431.12 Definitions. | DOE | [69 FR 61923, Oct. 21, 2004, as amended at 74 FR 12071, Mar. 23, 2009; 77 FR 26633, May 4, 2012; 78 FR 75993, Dec. 13, 2013; 79 FR 31009, May 29, 2014; 86 FR 21, Jan. 4, 2021; 87 FR 63654, Oct. 19, 2022; 87 FR 64689, Oct. 26, 2022; 88 FR 36150, Sept. 29, 2023] | The following definitions apply for purposes of this subpart, and of subparts U and V of this part. Any words or terms not defined in this Section or elsewhere in this part shall be defined as provided in Section 340 of the Act. Accreditation means recognition by an accreditation body that a laboratory is competent to test the efficiency of electric motors according to the scope and procedures given in IEEE 112-2017 Test Method B, CSA C390-10, or IEC 60034-2-1:2014 Method 2-1-1B (incorporated by reference, see § 431.15). Accreditation body means an organization or entity that conducts and administers an accreditation system and grants accreditation. Accreditation system means a set of requirements to be fulfilled by a testing laboratory, as well as rules of procedure and management, that are used to accredit laboratories. Accredited laboratory means a testing laboratory to which accreditation has been granted. Air-over electric motor means an electric motor that does not reach thermal equilibrium ( i.e., thermal stability), during a rated load temperature test according to section 2 of appendix B, without the application of forced cooling by a free flow of air from an external device not mechanically connected to the motor within the motor enclosure. Alternative efficiency determination method or AEDM means, with respect to an electric motor, a method of calculating the total power loss and average full load efficiency. Average full load efficiency means the arithmetic mean of the full load efficiencies of a population of electric motors of duplicate design, where the full load efficiency of each motor in the population is the ratio (expressed as a percentage) of the motor's useful power output to its total power input when the motor is operated at its full rated load, rated voltage, and rated frequency. Basic model means all units of electric motors manufactured by a single manufacturer, that are within the same equipment class, have electrical characteristics that are essentially identical, a… | |||
| 10:10:4.0.1.1.1.2.38.3 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Electric Motors | § 431.14 [Reserved] | DOE | |||||
| 10:10:4.0.1.1.1.2.38.4 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Electric Motors | § 431.15 Materials incorporated by reference. | DOE | [77 FR 26634, May 4, 2012, as amended at 78 FR 75994, Dec. 13, 2013; 86 FR 21, Jan. 4, 2021; 87 FR 63656, Oct. 19, 2022] | (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 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 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 Program, Sixth Floor, 950 L'Enfant Plaza SW, Washington, DC 20024, (202) 586-9127, Buildings@ee.doe.gov, https://www.energy.gov/eere/buildings/building-technologies-office. For information on the availability of this material at NARA, email: fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained from the sources in the following paragraphs: (b) CSA. Canadian Standards Association, Sales Department, 5060 Spectrum Way, Suite 100, Mississauga, Ontario, L4W 5N6, Canada; (800) 463-6727; www.shopcsa.ca/onlinestore/welcome.asp. (1) CSA C390-10 (reaffirmed 2019), (“CSA C390-10”), Test methods, marking requirements, and energy efficiency levels for three-phase induction motors, including Updates No. 1 through 3, Revised January 2020; IBR approved for § 431.12 and appendix B to this subpart. (2) CSA C747-09 (reaffirmed 2019) (“CSA C747-09”), Energy efficiency test methods for small motors, including Update No. 1 (August 2016), October 2009; IBR approved for appendix B to this subpart. (c) IEC. International Electrotechnical Commission Central Office, 3, rue de Varembé, P.O. Box 131, CH-1211 GENEVA 20, Switzerland; + 41 22 919 02 11; webstore.iec.ch. (1) IEC 60034-1 Edition 12.0 2010-02, (“IEC 60034-1”), Rotating Electrical Machines, Part 1: Rating and Performance, February 2010, IBR approved as … | |||
| 10:10:4.0.1.1.1.2.38.5 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Electric Motors | § 431.16 Test procedures for the measurement of energy efficiency. | DOE | For purposes of 10 CFR part 431 and EPCA, the test procedures for measuring the energy efficiency of an electric motor shall be the test procedures specified in appendix B to this subpart B. | ||||
| 10:10:4.0.1.1.1.2.38.6 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Electric Motors | § 431.17 [Reserved] | DOE | |||||
| 10:10:4.0.1.1.1.2.38.7 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Electric Motors | § 431.18 Testing laboratories. | DOE | [69 FR 61923, Oct. 21, 2004, as amended at 77 FR 26635, May 4, 2012; 87 FR 63657, Oct. 19, 2022] | (a) Testing pursuant to § 431.17(a)(5)(ii) must be conducted in an accredited laboratory for which the accreditation body was: (1) The National Institute of Standards and Technology/National Voluntary Laboratory Accreditation Program (NIST/NVLAP); or (2) A laboratory accreditation body having a mutual recognition arrangement with NIST/NVLAP; or (3) An organization classified by the Department, pursuant to § 431.19, as an accreditation body. (b) NIST/NVLAP is under the auspices of the National Institute of Standards and Technology (NIST)/National Voluntary Laboratory Accreditation Program (NVLAP), which is part of the U.S. Department of Commerce. NIST/NVLAP accreditation is granted on the basis of conformance with criteria published in 15 CFR part 285. The National Voluntary Laboratory Accreditation Program, “Procedures and General Requirements,” NIST Handbook 150-10, April 2020, (referenced for guidance only, see § 429.3 of this subchapter) present the technical requirements of NVLAP for the Efficiency of Electric Motors field of accreditation. This handbook supplements NIST Handbook 150, National Voluntary Laboratory Accreditation Program “Procedures and General Requirements,” which contains 15 CFR part 285 plus all general NIST/NVLAP procedures, criteria, and policies. Information regarding NIST/NVLAP and its Efficiency of Electric Motors Program (EEM) can be obtained from NIST/NVLAP, 100 Bureau Drive, Mail Stop 2140, Gaithersburg, MD 20899-2140, (301) 975-4016 (telephone), or (301) 926-2884 (fax). | |||
| 10:10:4.0.1.1.1.2.39.8 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Electric Motors | § 431.25 Energy conservation standards and effective dates. | DOE | [79 FR 31010, May 29, 2014, as amended at 87 FR 63657, Oct. 19, 2022; 88 FR 36150, Sept. 29, 2023] | (a) Except as provided for fire pump electric motors in paragraph (b) of this section, each general purpose electric motor (subtype I) with a power rating of 1 horsepower or greater, but not greater than 200 horsepower, including a NEMA Design B or an equivalent IEC Design N motor that is a general purpose electric motor (subtype I), manufactured (alone or as a component of another piece of equipment) on or after December 19, 2010, but before June 1, 2016, shall have a nominal full-load efficiency that is not less than the following: Table 1—Nominal Full-Load Efficiencies of General Purpose Electric Motors (Subtype I), Except Fire Pump Electric Motors (b) Each fire pump electric motor that is a general purpose electric motor (subtype I) or general purpose electric motor (subtype II) manufactured (alone or as a component of another piece of equipment) on or after December 19, 2010, but before June 1, 2016, shall have a nominal full-load efficiency that is not less than the following: Table 2—Nominal Full-Load Efficiencies of Fire Pump Electric Motors (c) Except as provided for fire pump electric motors in paragraph (b) of this section, each general purpose electric motor (subtype II) with a power rating of 1 horsepower or greater, but not greater than 200 horsepower, including a NEMA Design B or an equivalent IEC Design N motor that is a general purpose electric motor (subtype II), manufactured (alone or as a component of another piece of equipment) on or after December 19, 2010, but before June 1, 2016, shall have a nominal full-load efficiency that is not less than the following: Table 3—Nominal Full-Load Efficiencies of General Purpose Electric Motors (Subtype II), Except Fire Pump Electric Motors (d) Each NEMA Design B or an equivalent IEC Design N motor that is a general purpose electric motor (subtype I) or general purpose electric motor (subtype II), excluding fire pump electric motors, with a power rating of more than 200 horsepower, but not greater than 500 horsepower, manufactured (alone or as a co… | |||
| 10:10:4.0.1.1.1.2.39.9 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Electric Motors | § 431.26 Preemption of State regulations. | DOE | Any State regulation providing for any energy conservation standard, or other requirement with respect to the energy efficiency or energy use, of an electric motor that is not identical to a Federal standard in effect under this subpart is preempted by that standard, except as provided for in Section 345(a) and 327(b) and (c) of the Act. | ||||
| 10:10:4.0.1.1.1.2.40.10 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Electric Motors | § 431.31 Labeling requirements. | DOE | [69 FR 61923, Oct. 21, 2004, as amended at 77 FR 26637, May 4, 2012] | (a) Electric motor nameplate —(1) Required information. The permanent nameplate of an electric motor for which standards are prescribed in § 431.25 must be marked clearly with the following information: (i) The motor's nominal full load efficiency (as of the date of manufacture), derived from the motor's average full load efficiency as determined pursuant to this subpart; and (ii) A Compliance Certification number (“CC number”) supplied by DOE to the manufacturer or private labeler, pursuant to § 431.36(f), and applicable to that motor. Such CC number must be on the nameplate of a motor beginning 90 days after either: (A) The manufacturer or private labeler has received the number upon submitting a Compliance Certification covering that motor, or (B) The expiration of 21 days from DOE's receipt of a Compliance Certification covering that motor, if the manufacturer or private labeler has not been advised by DOE that the Compliance Certification fails to satisfy § 431.36. (2) Display of required information. All orientation, spacing, type sizes, type faces, and line widths to display this required information shall be the same as or similar to the display of the other performance data on the motor's permanent nameplate. The nominal full-load efficiency shall be identified either by the term “Nominal Efficiency” or “Nom. Eff.” or by the terms specified in paragraph 12.58.2 of NEMA MG1-2009, (incorporated by reference, see § 431.15) as for example “NEMA Nom. Eff. ____.” The Compliance Certification number issued pursuant to § 431.36 shall be in the form “CC ____.” (3) Optional display. The permanent nameplate of an electric motor, a separate plate, or decalcomania, may be marked with the encircled lower case letters “ee”, for example, or with some comparable designation or logo, if the motor meets the applicable standard prescribed in § 431.25, as determined pursuant to this subpart, and is covered by a Compliance Certification that satisfies § 431.36. (b) Disclosure of efficiency information in marke… | |||
| 10:10:4.0.1.1.1.2.40.11 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Electric Motors | § 431.32 Preemption of State regulations. | DOE | The provisions of § 431.31 supersede any State regulation to the extent required by Section 327 of the Act. Pursuant to the Act, all State regulations that require the disclosure for any electric motor of information with respect to energy consumption, other than the information required to be disclosed in accordance with this part, are superseded. | ||||
| 10:10:4.0.1.1.1.2.41.12 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Electric Motors | § 431.35 Applicability of certification requirements. | DOE | Section 431.36 sets forth the procedures for manufacturers to certify that electric motors comply with the applicable energy efficiency standards set forth in this subpart. | ||||
| 10:10:4.0.1.1.1.2.41.13 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | B | Subpart B—Electric Motors | § 431.36 Compliance Certification. | DOE | [69 FR 61923, Oct. 21, 2004, as amended at 76 FR 59006, Sept. 23, 2011; 77 FR 26638, May 4, 2012] | (a) General. A manufacturer or private labeler shall not distribute in commerce any basic model of an electric motor which is subject to an energy efficiency standard set forth in this subpart unless it has submitted to the Department a Compliance Certification certifying, in accordance with the provisions of this section, that the basic model meets the requirements of the applicable standard. The representations in the Compliance Certification must be based upon the basic model's energy efficiency as determined in accordance with the applicable requirements of this subpart. This means, in part, that either: (1) The representations as to the basic model must be based on use of a certification organization; or (2) Any testing of the basic model on which the representations are based must be conducted at an accredited laboratory. (b) Required contents —(1) General representations. Each Compliance Certification must certify that: (i) The nominal full load efficiency for each basic model of electric motor distributed is not less than the minimum nominal full load efficiency required for that motor by § 431.25; (ii) All required determinations on which the Compliance Certification is based were made in compliance with the applicable requirements prescribed in this subpart; (iii) All information reported in the Compliance Certification is true, accurate, and complete; and (iv) The manufacturer or private labeler is aware of the penalties associated with violations of the Act and the regulations thereunder, and of 18 U.S.C. 1001 which prohibits knowingly making false statements to the Federal Government. (2) Specific data. (i) For each rating of electric motor (as the term “rating” is defined in the definition of basic model) which a manufacturer or private labeler distributes, the Compliance Certification must report the nominal full load efficiency, determined pursuant to §§ 431.16 and 431.17, of the least efficient basic model within that rating. (ii) The Compliance Certification must identify the bas… | |||
| 10:10:4.0.1.1.1.20.75.1 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | T | Subpart T—Compressors | § 431.341 Purpose and scope. | DOE | This subpart contains and energy conservation requirements for compressors, pursuant to Part A-1 of Title III of the Energy Policy and Conservation Act, as amended, 42 U.S.C. 6311-6317. | ||||
| 10:10:4.0.1.1.1.20.75.2 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | T | Subpart T—Compressors | § 431.342 Definitions concerning compressors. | DOE | [82 FR 1101, Jan. 4, 2017, as amended at 85 FR 1591, Jan. 10, 2020; 90 FR 5555, Jan. 17, 2025] | The following definitions are applicable to this subpart, including appendix A. In cases where there is a conflict, the language of the definitions adopted in this section take precedence over any descriptions or definitions found in any other source, including in ISO Standard 1217:2009(E), “Displacement compressors—Acceptance tests,” as amended through Amendment 1:2016(E), “Calculation of isentropic efficiency and relationship with specific energy” (incorporated by reference, see § 431.343). In cases where definitions reference design intent, DOE will consider all relevant information, including marketing materials, labels and certifications, and equipment design, to determine design intent. Actual volume flow rate means the volume flow rate of air, compressed and delivered at the standard discharge point, referred to conditions of total temperature, total pressure and composition prevailing at the standard inlet point, and as determined in accordance with the test procedures prescribed in § 431.344. Air compressor means a compressor designed to compress air that has an inlet open to the atmosphere or other source of air, and is made up of one or more compression elements (bare compressors), driver(s), mechanical equipment to drive the compression elements, and any ancillary equipment. Air-cooled compressor means a compressor that utilizes air to cool both the compressed air and, if present, any auxiliary substance used to facilitate compression, and that is not a liquid-cooled compressor. Ancillary equipment means any equipment distributed in commerce with an air compressor but that is not a bare compressor, driver, or mechanical equipment. Ancillary equipment is considered to be part of a given air compressor, regardless of whether the ancillary equipment is physically attached to the bare compressor, driver, or mechanical equipment at the time when the air compressor is distributed in commerce. Auxiliary substance means any substance deliberately introduced into a compression process to aid in compr… | |||
| 10:10:4.0.1.1.1.20.75.3 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | T | Subpart T—Compressors | § 431.343 Materials incorporated by reference. | DOE | [90 FR 5555, Jan. 17, 2025] | (a) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the 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 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 Program, 1000 Independence Avenue SW, EE-5B, Washington, DC 20024, (202) 586-9127, Buildings@ee.doe.gov, www.energy.gov/eere/buildings/building-technologies-office. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email: fr.inspection@nara.gov. The material may be obtained from the sources in paragraphs (b) and (c) of this section: (b) IEC. International Electrotechnical Commission Central Office, 3, rue de Varembé, Case Postale 131, CH-1211 GENEVA 20, Switzerland; + 41 22 919 02 11; webstore.iec.ch. (1) IEC 60584-1:2013, Thermocouples—Part 1: EMF specifications and tolerances, editions 3.0, August 2013; IBR approved for appendix A to this subpart. (2) IEC 60584-3:2021, Thermocouples—Part 3: Extension and compensating cables—Tolerances and identification system, edition 3.0, February 2021; IBR approved for appendix A to this subpart. (c) ISO. International Organization for Standardization, Chemin de Blandonnet 8, CP 401, 1214 Vernier, Geneva, Switzerland +41 22 749 01 11, www.iso.org. (1) ISO 1217:2009(E), Displacement compressors—Acceptance tests, fourth edition, July 1, 2009; IBR approved for appendix A to this subpart. (2) ISO 1217:2009/Amd.1:2016(E), Displacement compressors—Acceptance tests (fourth edition, July 1, 2009), AMENDMENT 1: Calculation of isentropic efficiency and relationship w… | |||
| 10:10:4.0.1.1.1.20.75.4 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | T | Subpart T—Compressors | § 431.344 Test procedure for measuring and determining energy efficiency of compressors. | DOE | [82 FR 1102, Jan. 4, 2017] | (a) Scope. This section is a test procedure that is applicable to a compressor that meets the following criteria: (1) Is an air compressor; (2) Is a rotary compressor; (3) Is not a liquid ring compressor; (4) Is driven by a brushless electric motor; (5) Is a lubricated compressor; (6) Has a full-load operating pressure greater than or equal to 75 pounds per square inch gauge (psig) and less than or equal to 200 psig; (7) Is not designed and tested to the requirements of the American Petroleum Institute Standard 619, “Rotary-Type Positive-Displacement Compressors for Petroleum, Petrochemical, and Natural Gas Industries;” (8) Has full-load actual volume flow rate greater than or equal to 35 cubic feet per minute (cfm), or is distributed in commerce with a compressor motor nominal horsepower greater than or equal to 10 horsepower (hp); and (9) Has a full-load actual volume flow rate less than or equal to 1,250 cfm, or is distributed in commerce with a compressor motor nominal horsepower less than or equal to 200 hp. (b) Testing and calculations. Determine the applicable full-load package isentropic efficiency (η isen,FL ), part-load package isentropic efficiency (η isen,PL ), package specific power, maximum full-flow operating pressure, full-load operating pressure, full-load actual volume flow rate, and pressure ratio at full-load operating pressure using the test procedure set forth in appendix A of this subpart. | |||
| 10:10:4.0.1.1.1.20.75.5 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | T | Subpart T—Compressors | § 431.345 Energy conservation standards and effective dates. | DOE | [85 FR 1591, Jan. 10, 2020] | (a) Each compressor that is manufactured starting on January 10, 2025 and that: (1) Is an air compressor, (2) Is a rotary compressor, (3) Is not a liquid ring compressor, (4) Is driven by a brushless electric motor, (5) Is a lubricated compressor, (6) Has a full-load operating pressure greater than or equal to 75 pounds per square inch gauge (psig) and less than or equal to 200 psig, (7) Is not designed and tested to the requirements of The American Petroleum Institute standard 619, “Rotary-Type Positive-Displacement Compressors for Petroleum, Petrochemical, and Natural Gas Industries,” (8) Has full-load actual volume flow rate greater than or equal to 35 cubic feet per minute (cfm), or is distributed in commerce with a compressor motor nominal horsepower greater than or equal to 10 horsepower (hp), (9) Has a full-load actual volume flow rate less than or equal to 1,250 cfm, or is distributed in commerce with a compressor motor nominal horsepower less than or equal to 200 hp, (10) Is driven by a three-phase electric motor, (11) Is manufactured alone or as a component of another piece of equipment; and (12) Is in one of the equipment classes listed in the Table 1, must have a full-load package isentropic efficiency or part-load package isentropic efficiency that is not less than the appropriate “Minimum Package Isentropic Efficiency” value listed in Table 1 of this section. Table 1—Energy Conservation Standards for Certain Compressors (b) Instructions for the use of Table 1 of this section: (1) To determine the standard level a compressor must meet, the correct equipment class must be identified. The descriptions are in the first column (“Equipment Class”); definitions for these descriptions are found in § 431.342. (2) The second column (“Minimum Package Isentropic Efficiency”) contains the applicable energy conservation standard level, provided in terms of package isentropic efficiency. (3) For “Fixed-speed compressor” equipment classes, the relevant Package Isentropic Efficiency is Full-load Pac… | |||
| 10:10:4.0.1.1.1.20.75.6 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | T | Subpart T—Compressors | §§ 431.346-431.346 [Reserved] | DOE | |||||
| 10:10:4.0.1.1.1.21.75.1 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | U | Subpart U—Enforcement for Electric Motors | § 431.381 Purpose and scope for electric motors. | DOE | [76 FR 12505, Mar. 7, 2011] | This subpart describes violations of EPCA's energy conservation requirements, specific procedures we will follow in pursuing alleged non-compliance of an electric motor with an applicable energy conservation standard or labeling requirement, and general procedures for enforcement action, largely drawn directly from EPCA, that apply to electric motors. | |||
| 10:10:4.0.1.1.1.21.75.2 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | U | Subpart U—Enforcement for Electric Motors | § 431.382 Prohibited acts. | DOE | [69 FR 61941, Oct. 21, 2004. Redesignated at 70 FR 60416, Oct. 18, 2005, as amended at 79 FR 19, Jan. 2, 2014; 81 FR 41794, June 28, 2016; 81 FR 96351, Dec. 30, 2016; 83 FR 1291, Jan. 11, 2018; 83 FR 66083, Dec. 26, 2018; 85 FR 830, Jan. 8, 2020; 86 FR 2955, Jan. 14, 2021; 87 FR 1063, Jan. 10, 2022; 88 FR 2193, Jan. 13, 2023; 89 FR 1028, Jan. 9, 2024; 89 FR 105406, Dec. 27, 2024] | (a) Each of the following is a prohibited act under sections 332 and 345 of the Act: (1) Distribution in commerce by a manufacturer or private labeler of any “new covered equipment” which is not labeled in accordance with an applicable labeling rule prescribed in accordance with Section 344 of the Act, and in this part; (2) Removal from any “new covered equipment” or rendering illegible, by a manufacturer, distributor, retailer, or private labeler, of any label required under this part to be provided with such covered equipment; (3) Failure to 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; (4) Advertisement of an electric motor or motors, by a manufacturer, distributor, retailer, or private labeler, in a catalog from which the equipment may be purchased, without including in the catalog all information as required by § 431.31(b)(1), provided, however, that this shall not apply to an advertisement of an electric motor in a catalog if distribution of the catalog began before the effective date of the labeling rule applicable to that motor; (5) Failure of a manufacturer to supply at his expense a reasonable number of units of covered equipment to a test laboratory designated by the Secretary; (6) Failure of a manufacturer to permit a representative designated by the Secretary to observe any testing required by the Act and this part, and to inspect the results of such testing; and (7) Distribution in commerce by a manufacturer or private labeler of any new covered equipment which is not in compliance with an applicable energy efficiency standard prescribed under the Act and this part. (b) In accordance with sections 333 and 345 of the Act, any person who knowingly violates any provision of paragraph (a) of this section may be subject to assessment of a civil penalty of no more than $575 for each violation. (c) For purposes of this section: (1) The term “n… | |||
| 10:10:4.0.1.1.1.21.75.3 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | U | Subpart U—Enforcement for Electric Motors | § 431.383 Enforcement process for electric motors. | DOE | [69 FR 61941, Oct. 21, 2004. Redesignated at 70 FR 60416, Oct. 18, 2005, as amended at 78 FR 75995, Dec. 13, 2013] | (a) Test notice. Upon receiving information in writing, concerning the energy performance of a particular electric motor sold by a particular manufacturer or private labeler, which indicates that the electric motor may not be in compliance with the applicable energy efficiency standard, or upon undertaking to ascertain the accuracy of the efficiency rating on the nameplate or in marketing materials for an electric motor, disclosed pursuant to subpart B of this part, the Secretary may conduct testing of that electric motor under this subpart by means of a test notice addressed to the manufacturer in accordance with the following requirements: (1) The test notice procedure will only be followed after the Secretary or his/her designated representative has examined the underlying test data (or, where appropriate, data as to use of an alternative efficiency determination method) provided by the manufacturer and after the manufacturer has been offered the opportunity to meet with the Department to verify, as applicable, compliance with the applicable efficiency standard, or the accuracy of labeling information, or both. In addition, where compliance of a basic model was certified based on an AEDM, the Department shall have the discretion to pursue the provisions of § 431.17(a)(4)(iii) prior to invoking the test notice procedure. A representative designated by the Secretary shall be permitted to observe any re-verification procedures undertaken pursuant to this subpart, and to inspect the results of such reverification. (2) The test notice will be signed by the Secretary or his/her designee. The test notice will be mailed or delivered by the Department to the plant manager or other responsible official, as designated by the manufacturer. (3) The test notice will specify the model or basic model to be selected for testing, the method of selecting the test sample, the date and time at which testing shall be initiated, the date by which testing is scheduled to be completed and the facility at which testing will be con… | |||
| 10:10:4.0.1.1.1.21.75.4 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | U | Subpart U—Enforcement for Electric Motors | § 431.384 [Reserved] | DOE | |||||
| 10:10:4.0.1.1.1.21.75.5 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | U | Subpart U—Enforcement for Electric Motors | § 431.385 Cessation of distribution of a basic model of an electric motor. | DOE | (a) In the event that a model of an electric motor is determined non-compliant by the Department in accordance with § 431.192 or if a manufacturer or private labeler determines a model of an electric motor to be in noncompliance, then the manufacturer or private labeler shall: (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. (3) Pursuant to a request made by the Secretary, provide the Department within 30 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. (4) The manufacturer may modify the non-compliant basic model in such manner as to make it comply with the applicable performance standard. Such modified basic model shall then be treated as a new basic model and must be certified in accordance with the provisions of this subpart; except that in addition to satisfying all requirements of this subpart, the manufacturer shall also maintain records that demonstrate that modifications have been made to all units of the new basic model prior to distribution in commerce. (b) If a basic model is not properly certified in accordance with the requirements of this subpart, the Secretary may seek, among other remedies, injunctive action to prohibit distribution in commerce of such basic model. | ||||
| 10:10:4.0.1.1.1.21.75.6 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | U | Subpart U—Enforcement for Electric Motors | § 431.386 Remedies. | DOE | If the Secretary determines that a basic model of any covered equipment does not comply with an applicable energy conservation standard: (a) The Secretary will notify the manufacturer, private labeler, or any other person as required, of this finding and of the Secretary's intent to seek a judicial order restraining further distribution in commerce of units of such a basic model unless the manufacturer, private labeler or other person as required, delivers, within 15 calendar days, a satisfactory statement to the Secretary, of the steps the manufacturer, private labeler or other person will take to insure that the noncompliant basic model will no longer be distributed in commerce. The Secretary will monitor the implementation of such statement. (b) If the manufacturer, private labeler or any other person as required, fails to stop distribution of the noncompliant basic model, the Secretary may seek to restrain such violation in accordance with sections 334 and 345 of the Act. (c) The Secretary will determine whether the facts of the case warrant the assessment of civil penalties for knowing violations in accordance with sections 333 and 345 of the Act. | ||||
| 10:10:4.0.1.1.1.21.75.7 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | U | Subpart U—Enforcement for Electric Motors | § 431.387 Hearings and appeals. | DOE | (a) Under sections 333(d) and 345 of the Act, before issuing an order assessing a civil penalty against any person, the Secretary must provide to such a person a notice of the proposed penalty. Such notice must inform the person that such person can choose (in writing within 30 days after receipt of the notice) to have the procedures of paragraph (c) of this section (in lieu of those in paragraph (b) of this section) apply with respect to such assessment. (b)(1) Unless a person elects, within 30 calendar days after receipt of a notice under paragraph (a) of this section, to have paragraph (c) of this section apply with respect to the civil penalty under paragraph (a), the Secretary will assess the penalty, by order, after providing an opportunity for an agency hearing under 5 U.S.C. 554, before an administrative law judge appointed under 5 U.S.C. 3105, and making a determination of violation on the record. Such assessment order will include the administrative law judge's findings and the basis for such assessment. (2) Any person against whom the Secretary assesses a penalty under this paragraph may, within 60 calendar days after the date of the order assessing such penalty, initiate action in the United States Court of Appeals for the appropriate judicial circuit for judicial review of such order in accordance with 5 U.S.C. chapter 7. The court will have jurisdiction to enter a judgment affirming, modifying, or setting aside in whole or in part, the order of the Secretary, or the court may remand the proceeding to the Secretary for such further action as the court may direct. (c)(1) In the case of any civil penalty with respect to which the procedures of this paragraph have been elected, the Secretary will promptly assess such penalty, by order, after the date of the receipt of the notice under paragraph (a) of this section of the proposed penalty. (2) If the person has not paid the civil penalty within 60 calendar days after the assessment has been made under paragraph (c)(1) of this section, the Secretary w… | ||||
| 10:10:4.0.1.1.1.22.75.1 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | V | Subpart V—General Provisions | § 431.401 Petitions for waiver and interim waiver. | DOE | [79 FR 26601, May 9, 2014, as amended at 85 FR 79820, Dec. 11, 2020; 86 FR 70960, Dec. 14, 2021] | (a) General information. This section provides a means for seeking waivers of the test procedure requirements of this part for basic models that meet the requirements of paragraph (a)(1) of this section. In granting a waiver or interim waiver, DOE will not change the energy use or efficiency metric that the manufacturer must use to certify compliance with the applicable energy conservation standard and to make representations about the energy use or efficiency of the covered equipment. The granting of a waiver or interim waiver by DOE does not exempt such basic models from any other regulatory requirement contained in this part or the certification and compliance requirements of 10 CFR part 429 and specifies an alternative method for testing the basic model(s) addressed in the waiver. (1) Any interested person may submit a petition to waive for a particular basic model the requirements of any uniform test method contained in this part, upon the grounds that either the basic model contains one or more design characteristics that prevent testing of the basic model according to the prescribed test procedures or cause the prescribed test procedures to evaluate the basic model in a manner so unrepresentative of its true energy or water consumption characteristics as to provide materially inaccurate comparative data. (2) Manufacturers of basic model(s) subject to a waiver or interim waiver are responsible for complying with the other requirements of this part and with the requirements of 10 CFR part 429 regardless of the person that originally submitted the petition for waiver and/or interim waiver. The filing of a petition for waiver and/or interim waiver shall not constitute grounds for noncompliance with any requirements of this part. (3) All correspondence regarding waivers and interim waivers must be submitted to DOE either electronically to AS_Waiver_Requests@ee.doe.gov (preferred method of transmittal) or by mail to U.S. Department of Energy, Building Technologies Program, Test Procedure Waiver, 1000 Inde… | |||
| 10:10:4.0.1.1.1.22.75.2 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | V | Subpart V—General Provisions | § 431.402 Preemption of State regulations for commercial HVAC & WH products. | DOE | Beginning on the effective date of such standard, an energy conservation standard set forth in this part for a commercial HVAC & WH product supersedes any State or local regulation concerning the energy efficiency or energy use of that product, except as provided for in Section 345(b)(2)(B)-(D) of the Act. | ||||
| 10:10:4.0.1.1.1.22.75.3 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | V | Subpart V—General Provisions | § 431.403 Maintenance of records for electric motors. | DOE | [76 FR 12505, Mar. 7, 2011] | (a) Manufacturers of electric motors must establish, maintain and retain records of the following: (1) The test data for all testing conducted pursuant to this part; (2) The development, substantiation, application, and subsequent verification of any AEDM used under this part; (3) Any written certification received from a certification program, including a certificate or conformity, relied on under the provisions of this part; (b) You must organize such records and index them so that they are readily accessible for review. The records must include the supporting test data associated with tests performed on any test units to satisfy the requirements of this part (except tests performed by DOE). (c) For each basic model, you must retain all such records for a period of two years from the date that production of all units of that basic model has ceased. You must retain records in a form allowing ready access to DOE, upon request. | |||
| 10:10:4.0.1.1.1.22.75.4 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | V | Subpart V—General Provisions | § 431.404 Imported electric motors. | DOE | [76 FR 12505, Mar. 7, 2011] | (a) Under sections 331 and 345 of the Act, any person importing an electric motor into the United States must comply with the provisions of the Act and of this part, and is subject to the remedies of this part. (b) Any electric motor offered for importation in violation of the Act and of this part will be refused admission into the customs territory of the United States under rules issued by the Secretary of the Treasury, except that the Secretary of the Treasury may, by such rules, authorize the importation of such electric motor upon such terms and conditions (including the furnishing of a bond) as may appear to the Secretary of the Treasury appropriate to ensure that such electric motor will not violate the Act and this part, or will be exported or abandoned to the United States. | |||
| 10:10:4.0.1.1.1.22.75.5 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | V | Subpart V—General Provisions | § 431.405 Exported electric motors. | DOE | [76 FR 12505, Mar. 7, 2011] | Under Sections 330 and 345 of the Act, this part does not apply to any electric motor if: (a) Such electric motor is manufactured, sold, or held for sale for export from the United States (or such electric motor was imported for export), unless such electric motor is, in fact, distributed in commerce for use in the United States; and, (b) Such electric motor, when distributed in commerce, or any container in which it is enclosed when so distributed, bears a stamp or label stating that such electric motor is intended for export. | |||
| 10:10:4.0.1.1.1.22.75.6 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | V | Subpart V—General Provisions | § 431.406 Subpoena—Electric Motors. | DOE | [76 FR 12505, Mar. 7, 2011] | Pursuant to sections 329(a) and 345 of the Act, for purposes of carrying out this part, the Secretary or the Secretary's designee, 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 the 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 this part, the Secretary 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 a contempt thereof. | |||
| 10:10:4.0.1.1.1.22.75.7 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | V | Subpart V—General Provisions | § 431.407 Confidentiality—Electric Motors. | DOE | [76 FR 12505, Mar. 7, 2011] | Pursuant to the provisions of 10 CFR 1004.11, any manufacturer or private labeler of electric motors submitting information or data which they believe to be confidential and exempt from public disclosure should submit one complete copy, and 15 copies from which the information believed to be confidential has been deleted. In accordance with the procedures established at 10 CFR 1004.11, the Department shall make its own determination with regard to any claim that information submitted be exempt from public disclosure. | |||
| 10:10:4.0.1.1.1.22.75.8 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | V | Subpart V—General Provisions | § 431.408 Preemption of State regulations for covered equipment other than electric motors and commercial heating, ventilating, air-conditioning and water heating products. | DOE | [75 FR 675, Jan. 5, 2010, as amended at 78 FR 62993, Oct. 23, 2013] | This section concerns State regulations providing for any energy conservation standard, or water conservation standard (in the case of commercial prerinse spray valves or commercial clothes washers), or other requirement with respect to the energy efficiency, energy use, or water use (in the case of commercial prerinse spray valves or commercial clothes washers), for any covered equipment other than an electric motor or commercial HVAC and WH product. Any such regulation that contains a standard or requirement that is not identical to a Federal standard in effect under this subpart is preempted by that standard, except as provided for in sections 327(b) and (c) and 345(a)(10), (e), (f) and (g) of the Act. | |||
| 10:10:4.0.1.1.1.23.75.1 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | W | Subpart W—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation | § 431.421 Purpose and scope. | DOE | (a) The regulations in this subpart prescribe the procedures to be followed in connection with petitions requesting a rule that a State regulation prescribing an energy conservation standard or other requirement respecting energy use or energy efficiency of a type (or class) of covered equipment not be preempted. (b) The regulations in this subpart also prescribe the procedures to be followed in connection with petitions to withdraw a rule exempting a State regulation prescribing an energy conservation standard or other requirement respecting energy use or energy efficiency of a type (or class) of covered equipment. | ||||
| 10:10:4.0.1.1.1.23.75.10 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | W | Subpart W—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation | § 431.430 Finality of decision. | DOE | (a) A decision to prescribe a rule that a State energy conservation standard or other requirement not be preempted is final on the date the rule is issued, i.e. , signed by the Secretary. A decision to prescribe such a rule has no effect on other regulations of covered equipment of any other State. (b) A decision to prescribe a rule withdrawing a rule exempting a State standard or other requirement is final on the date the rule is issued, i.e. , signed by the Secretary. A decision to deny such a petition is final on the day a denial of a request for reconsideration is issued, i.e. , signed by the Secretary. | ||||
| 10:10:4.0.1.1.1.23.75.2 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | W | Subpart W—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation | § 431.422 Prescriptions of a rule. | DOE | (a) Criteria for exemption from preemption. Upon petition by a State which has prescribed an energy conservation standard or other requirement for a type or class of covered equipment for which a Federal energy conservation standard is applicable, the Secretary shall prescribe a rule that such standard not be preempted if he/she determines that the State has established by a preponderance of evidence that such requirement is needed to meet unusual and compelling State or local energy interests. For the purposes of this regulation, the term “unusual and compelling State or local energy interests” means interests which are substantially different in nature or magnitude from those prevailing in the U.S. generally, and are such that when evaluated within the context of the State's energy plan and forecast, the costs, benefits, burdens, and reliability of energy savings resulting from the State regulation make such regulation preferable or necessary when measured against the costs, benefits, burdens, and reliability of alternative approaches to energy savings or production, including reliance on reasonably predictable market-induced improvements in efficiency of all equipment subject to the State regulation. The Secretary may not prescribe such a rule if he finds that interested persons have established, by a preponderance of the evidence, that the State's regulation will significantly burden manufacturing, marketing, distribution, sale or servicing of the covered equipment on a national basis. In determining whether to make such a finding, the Secretary shall evaluate all relevant factors including: The extent to which the State regulation will increase manufacturing or distribution costs of manufacturers, distributors, and others; the extent to which the State regulation will disadvantage smaller manufacturers, distributors, or dealers or lessen competition in the sale of the covered equipment in the State; the extent to which the State regulation would cause a burden to manufacturers to redesign and produce the c… | ||||
| 10:10:4.0.1.1.1.23.75.3 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | W | Subpart W—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation | § 431.423 Filing requirements. | DOE | (a) Service. All documents required to be served under this subpart shall, if mailed, be served by first class mail. Service upon a person's duly authorized representative shall constitute service upon that person. (b) Obligation to supply information. A person or State submitting a petition is under a continuing obligation to provide any new or newly discovered information relevant to that petition. Such information includes, but is not limited to, information regarding any other petition or request for action subsequently submitted by that person or State. (c) The same or related matters. A person or State submitting a petition or other request for action shall state whether to the best knowledge of that petitioner the same or related issue, act, or transaction has been or presently is being considered or investigated by any State agency, department, or instrumentality. (d) Computation of time. (1) Computing any period of time prescribed by or allowed under this subpart, the day of the action from which the designated period of time begins to run is not to be included. If the last day of the period is Saturday, or Sunday, or Federal legal holiday, the period runs until the end of the next day that is neither a Saturday, or Sunday or Federal legal holiday. (2) Saturdays, Sundays, and intervening Federal legal holidays shall be excluded from the computation of time when the period of time allowed or prescribed is 7 days or less. (3) When a submission is required to be made within a prescribed time, DOE may grant an extension of time upon good cause shown. (4) Documents received after regular business hours are deemed to have been submitted on the next regular business day. Regular business hours for the DOE's National Office, Washington, DC, are 8:30 a.m. to 4:30 p.m. (5) DOE reserves the right to refuse to accept, and not to consider, untimely submissions. (e) Filing of petitions. (1) A petition for a rule shall be submitted in triplicate to: The Assistant Secretary for Energy Efficiency and Re… | ||||
| 10:10:4.0.1.1.1.23.75.4 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | W | Subpart W—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation | § 431.424 Notice of petition. | DOE | (a) Promptly after receipt of a petition and its acceptance for filing, notice of such petition shall be published in the Federal Register. The notice shall set forth the availability for public review of all data and information available, and shall solicit comments, data and information with respect to the determination on the petition. Except as may otherwise be specified, the period for public comment shall be 60 days after the notice appears in the Federal Register. (b) In addition to the material required under paragraph (a) of this section, each notice shall contain a summary of the State regulation at issue and the petitioner's reasons for the rule sought. | ||||
| 10:10:4.0.1.1.1.23.75.5 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | W | Subpart W—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation | § 431.425 Consolidation. | DOE | DOE may consolidate any or all matters at issue in two or more proceedings docketed where there exist common parties, common questions of fact and law, and where such consolidation would expedite or simplify consideration of the issues. Consolidation shall not affect the right of any party to raise issues that could have been raised if consolidation had not occurred. | ||||
| 10:10:4.0.1.1.1.23.75.6 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | W | Subpart W—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation | § 431.426 Hearing. | DOE | The Secretary may hold a public hearing, and publish notice in the Federal Register of the date and location of the hearing, when he determines that such a hearing is necessary and likely to result in a timely and effective resolution of the issues. A transcript shall be kept of any such hearing. | ||||
| 10:10:4.0.1.1.1.23.75.7 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | W | Subpart W—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation | § 431.427 Disposition of petitions. | DOE | (a) After the submission of public comments under § 431.213(a), the Secretary shall prescribe a final rule or deny the petition within 6 months after the date the petition is filed. (b) The final rule issued by the Secretary or a determination by the Secretary to deny the petition shall include a written statement setting forth his findings and conclusions, and the reasons and basis therefor. A copy of the Secretary's decision shall be sent to the petitioner and the affected State agency. The Secretary shall publish in the Federal Register a notice of the final rule granting or denying the petition and the reasons and basis therefor. (c) If the Secretary finds that he cannot issue a final rule within the 6-month period pursuant to paragraph (a) of this section, he shall publish a notice in the Federal Register extending such period to a date certain, but no longer than one year after the date on which the petition was filed. Such notice shall include the reasons for the delay. | ||||
| 10:10:4.0.1.1.1.23.75.8 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | W | Subpart W—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation | § 431.428 Effective dates of final rules. | DOE | (a) A final rule exempting a State standard from Federal preemption will be effective: (1) Upon publication in the Federal Register if the Secretary determines that such rule is needed to meet an “energy emergency condition” within the State; (2) Three years after such rule is published in the Federal Register ; or (3) Five years after such rule is published in the Federal Register if the Secretary determines that such additional time is necessary due to the burdens of retooling, redesign or distribution. (b) A final rule withdrawing a rule exempting a State standard will be effective upon publication in the Federal Register. | ||||
| 10:10:4.0.1.1.1.23.75.9 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | W | Subpart W—Petitions To Exempt State Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation | § 431.429 Request for reconsideration. | DOE | (a) Any petitioner whose petition for a rule has been denied may request reconsideration within 30 days of denial. The request shall contain a statement of facts and reasons supporting reconsideration and shall be submitted in writing to the Secretary. (b) The denial of a petition will be reconsidered only where it is alleged and demonstrated that the denial was based on error in law or fact and that evidence of the error is found in the record of the proceedings. (c) If the Secretary fails to take action on the request for reconsideration within 30 days, the request is deemed denied, and the petitioner may seek such judicial review as may be appropriate and available. (d) A petitioner has not exhausted other administrative remedies until a request for reconsideration has been filed and acted upon or deemed denied. | ||||
| 10:10:4.0.1.1.1.24.75.1 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | X | Subpart X—Small Electric Motors | § 431.441 Purpose and scope. | DOE | [77 FR 26638, May 4, 2012, as amended at 86 FR 40774, July 29, 2021] | This subpart contains definitions, test procedures, and energy conservation requirements for small electric motors, pursuant to Part A-1 of Title III of the Energy Policy and Conservation Act, as amended, 42 U.S.C. 6311-6317. This subpart does not cover “electric motors,” which are addressed in subpart B of this part. This subpart does not cover electric motors that are “dedicated-purpose pool pump motors,” which are addressed in subpart Z of this part. | |||
| 10:10:4.0.1.1.1.24.75.2 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | X | Subpart X—Small Electric Motors | § 431.442 Definitions. | DOE | [74 FR 32072, July 7, 2009, as amended at 77 FR 26638, May 4, 2012; 86 FR 23, Jan. 4, 2021] | The following definitions are applicable to this subpart: Alternative efficiency determination method, or AEDM, means, with respect to a small electric motor, a method of calculating the total power loss and average full-load efficiency. Average full-load efficiency means the arithmetic mean of the full-load efficiencies of a population of small electric motors of duplicate design, where the full-load efficiency of each motor in the population is the ratio (expressed as a percentage) of the motor's useful power output to its total power input when the motor is operated at its full rated load, rated voltage, and rated frequency. Basic model means, with respect to a small electric motor, all units of a given type of small electric motor (or class thereof) manufactured by a single manufacturer, and which have the same rating, have electrical characteristics that are essentially identical, and do not have any differing physical or functional characteristics that affect energy consumption or efficiency. For the purpose of this definition, “rating” means a combination of the small electric motor's group (i.e., capacitor-start, capacitor-run; capacitor-start, induction-run; or polyphase), horsepower rating (or standard kilowatt equivalent), and number of poles with respect to which § 431.446 prescribes nominal full load efficiency standards. Breakdown torque means the maximum torque that the motor will develop with rated voltage and frequency applied without an abrupt drop in speed. The breakdown torque is the local maximum of the torque-speed plot of the motor, closest to the synchronous speed of the motor, determined in accordance with NEMA MG 1-2016 (incorporated by reference, see § 431.443). CSA means Canadian Standards Association. DOE or the Department means the U.S. Department of Energy. EPCA means the Energy Policy and Conservation Act, as amended, 42 U.S.C. 6291-6317. IEC means International Electrotechnical Commission. IEEE means Institute of Electrical and Electronics Engineers, Inc. NEMA… | |||
| 10:10:4.0.1.1.1.24.75.3 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | X | Subpart X—Small Electric Motors | § 431.443 Materials incorporated by reference. | DOE | [74 FR 32072, July 7, 2009, as amended at 77 FR 26638, May 4, 2012; 86 FR 23, Jan. 4, 2021] | (a) General. Certain material is incorporated by reference into subpart X of part 431 with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and a notification of any change in the material will be published in the Federal Register. Standards can be obtained from the sources below. All approved material is available for inspection at U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, Sixth Floor, 950 L'Enfant Plaza SW, Washington, DC 20024, (202) 586-2945, or go to http://www1.eere.energy.gov/buildings/appliance_standards/. It is also available at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email: fedreg.legal@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. (b) CAN/CSA. Canadian Standards Association, Sales Department, 5060 Spectrum Way, Suite 100, Mississauga, Ontario, L4W 5N6, Canada, 1-800-463-6727, or go to http://www.shopcsa.ca/onlinestore/welcome.asp. (1) CSA C747-09 (“CSA C747”), Energy efficiency test methods for small motors, October 2009, IBR approved for §§ 431.444; 431.447. (2) CSA C390-10, Test methods, marking requirements, and energy efficiency levels for three-phase induction motors, March 2010, IBR approved for §§ 431.444; 431.447. (c) IEC. International Electrotechnical Commission, 3 rue de Varembé, 1st Floor, P.O. Box 131, CH—1211 Geneva 20—Switzerland, +41 22 919 02 11, or go to https://webstore.iec.ch/home. (1) IEC 60034-1, Edition 12.0 2010-02, (“IEC 60034-1:2010”), Rotating electrical machines—Part 1: Rating and performance, IBR approved for §§ 431.444. (2) IEC 60034-2-1:2014, Edition 2.0 2014-06, (“IEC 60034-2-1:2014”), Rotating electrical machines—Part 2-1: Standard methods for determining losses and efficiency from tests (excluding machines for traction vehicles), IBR approved for §§ 431.444, and 43… | |||
| 10:10:4.0.1.1.1.24.75.4 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | X | Subpart X—Small Electric Motors | § 431.444 Test Procedures for the measurement of energy efficiency of small electric motors. | DOE | [86 FR 23, Jan. 4, 2021] | (a) Scope. Pursuant to section 346(b)(1) of EPCA, this section provides the test procedures for measuring the full-load efficiency of small electric motors pursuant to EPCA. (42 U.S.C. 6317(b)(1)) For purposes of this part 431 and EPCA, the test procedures for measuring the efficiency of small electric motors shall be the test procedures specified in paragraph (b) of this section. (b) Testing and Calculations. Determine the full-load efficiency of a small electric motor using one of the test methods listed in this paragraphs (b)(1) through (4) of this section. (1) Incorporation by reference: In § 431.443, DOE incorporated by reference the entire standard for CSA C747-09, CSA C390-10, IEC 60034-1:2010, IEC 60034-2-1:2014, IEC 60051-1:2016, IEEE 112-2017, and IEEE 114-2010 into this section; however, only enumerated provisions of those documents referenced in this section are applicable as follows: (i) CSA C747-09: (A) Section 1.6 “Scope” as specified in paragraphs (b)(2)(ii) and (b)(3)(ii) of this section; (B) Section 3 “Definitions” as specified in paragraphs (b)(2)(ii) and (b)(3)(ii) of this section; (C) Section 5 “General test requirements” as specified in paragraphs (b)(2)(ii) and (b)(3)(ii) of this section; and (D) Section 6 “Test method” as specified in paragraphs (b)(2)(ii) and (b)(3)(ii) of this section. (ii) CSA C390-10: (A) Section 1.3, “Scope” as specified in paragraph (b)(4)(ii) of this section; (B) Section 3.1, “Definitions” as specified in paragraph (b)(4)(ii) of this section; (C) Section 5, “General test requirements—Measurements” as specified in paragraph (b)(4)(ii) of this section; (D) Section 7, “Test method” as specified in paragraph (b)(4)(ii) of this section; (E) Table 1, “Resistance measurement time delay” as specified in paragraph (b)(4)(ii) of this section; (F) Annex B, “Linear regression analysis” as specified in paragraph (b)(4)(ii) of this section; and (G) Annex C, “Procedure for correction of dynamometer torque readings” as specified in paragraph (b)(4)(ii) of this … | |||
| 10:10:4.0.1.1.1.24.75.5 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | X | Subpart X—Small Electric Motors | § 431.445 Determination of small electric motor efficiency. | DOE | [74 FR 32072, July 7, 2009, as amended at 77 FR 26638, May 4, 2012] | (a) Scope. When a party determines the energy efficiency of a small electric motor to comply with an obligation imposed on it by or pursuant to Part A-1 of Title III of EPCA, 42 U.S.C. 6311-6317, this section applies. (b) Provisions applicable to all small electric motors —(1) General requirements. The average full-load efficiency of each basic model of small electric motor must be determined either by testing in accordance with § 431.444 of this subpart, or by application of an alternative efficiency determination method (AEDM) that meets the requirements of paragraphs (a)(2) and (3) of this section, provided, however, that an AEDM may be used to determine the average full-load efficiency of one or more of a manufacturer's basic models only if the average full-load efficiency of at least five of its other basic models is determined through testing. (2) Alternative efficiency determination method. An AEDM applied to a basic model must be: (i) Derived from a mathematical model that represents the mechanical and electrical characteristics of that basic model, and (ii) Based on engineering or statistical analysis, computer simulation or modeling, or other analytic evaluation of performance data. (3) Substantiation of an alternative efficiency determination method. Before an AEDM is used, its accuracy and reliability must be substantiated as follows: (i) The AEDM must be applied to at least five basic models that have been tested in accordance with § 431.444; and (ii) The predicted total power loss for each such basic model, calculated by applying the AEDM, must be within plus or minus 10 percent of the mean total power loss determined from the testing of that basic model. (4) Subsequent verification of an AEDM. (i) Each manufacturer that has used an AEDM under this section shall have available for inspection by the Department of Energy records showing the method or methods used; the mathematical model, the engineering or statistical analysis, computer simulation or modeling, and other analytic eva… | |||
| 10:10:4.0.1.1.1.24.76.6 | 10 | Energy | II | D | 431 | PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT | X | Subpart X—Small Electric Motors | § 431.446 Small electric motors energy conservation standards and their effective dates. | DOE | [75 FR 10947, Mar. 9, 2010; 75 FR 17036, Apr. 5, 2010] | (a) Each small electric motor manufactured (alone or as a component of another piece of non-covered equipment) after March 9, 2015, or in the case of a small electric motor which requires listing or certification by a nationally recognized safety testing laboratory, after March 9, 2017, shall have an average full load efficiency of not less than the following: (b) For purposes of determining the required minimum average full load efficiency of an electric motor that has a horsepower or kilowatt rating between two horsepower or two kilowatt ratings listed in any table of efficiency standards in paragraph (a) of this section, each such motor shall be deemed to have a listed horsepower or kilowatt rating, determined as follows: (1) A horsepower at or above the midpoint between the two consecutive horsepower ratings shall be rounded up to the higher of the two horsepower ratings; (2) A horsepower below the midpoint between the two consecutive horsepower ratings shall be rounded down to the lower of the two horsepower ratings; or (3) A kilowatt rating shall be directly converted from kilowatts to horsepower using the formula 1 kilowatt = (1/0.746) hp, without calculating beyond three significant decimal places, and the resulting horsepower shall be rounded in accordance with paragraphs (b)(1) or (b)(2) of this section, whichever applies. |
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