Energy Conservation Program for Appliance Standards: Certification Requirements, Labeling Requirements, and Enforcement Provisions for Certain Consumer Products and Commercial Equipment

<RULE> DEPARTMENT OF ENERGY <CFR>10 CFR Parts 429 and 431</CFR> <DEPDOC>[EERE-2023-BT-CE-0001]</DEPDOC> <RIN>RIN 1904-AF97</RIN> <SUBJECT>Energy Conservation Program for Appliance Standards: Certification Requirements, Labeling Requirements, and Enforcement Provisions for Certain Consumer Products and Commercial Equipment</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Office of Energy Efficiency and Renewable Energy, Department of Energy. <HD SOURCE="HED">ACTION:</HD> Final rule; Congressional Review Act (CRA) revocation. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The U.S. Department of Energy (DOE) is publishing this final rule to rescind and amend the certification provisions, labeling requirements, and enforcement provisions for specific types of consumer products and commercial and industrial equipment addressed in its final rule published in the <E T="04">Federal Register</E> on October 9, 2024. DOE is undertaking this action because the October 9, 2024 final rule was the subject of a joint resolution of disapproval under the Congressional Review Act (CRA), which was passed by the U.S. House of Representatives and the Senate and subsequently signed by the President on May 9, 2025, after which it became law. Because the October 9, 2024 final rule has no force or effect, DOE has a nondiscretionary duty to remove the associated provisions from the Code of Federal Regulations (CFR), and through this final rule, DOE is taking the necessary action to effect such rescission. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> The effective date of this rule is September 9, 2025. The incorporation by reference of certain material listed in the rule is approved by the Director of the Federal Register as of December 17, 2012. </EFFDATE> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>   Mr. Troy Watson, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (240) 449-9387. Email: <E T="03">ApplianceStandardsQuestions@ee.doe.gov.</E> Mr. Eric Stas, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 586-4798. Email: <E T="03">Eric.Stas@hq.doe.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> DOE is reinstating a previously approved incorporation by reference for the following industry standard into 10 CFR part 429: Association of Home Appliance Manufacturers (AHAM) ANSI/AHAM Standard DW-1-2010, (ANSI/AHAM DW-1-2010), “Household Electric Dishwashers,” ANSI approved September 18, 2010. Copies of ANSI/AHAM DW-1-2010 may be purchased from AHAM at 1111 19th Street NW, Suite 402, Washington, DC 20036, or by going to <E T="03">www.aham.org.</E> See section V.M of this document for further discussion of this standard. <HD SOURCE="HD1">Table of Contents</HD> <EXTRACT> <FP SOURCE="FP-2">I. Authority and Background</FP> <FP SOURCE="FP-2">II. Amendments To Codify the Act in the CFR</FP> <FP SOURCE="FP-2">III. Conforming Amendments to the Ceiling Fan Test Procedure</FP> <FP SOURCE="FP-2">IV. Final Action</FP> <FP SOURCE="FP-2">V. Procedural Issues and Regulatory Review</FP> <FP SOURCE="FP1-2">A. Review Under Executive Order 12866</FP> <FP SOURCE="FP1-2">B. Review Under the Regulatory Flexibility Act</FP> <FP SOURCE="FP1-2">C. Review Under the Paperwork Reduction Act of 1995</FP> <FP SOURCE="FP1-2">D. Review Under the National Environmental Policy Act of 1969</FP> <FP SOURCE="FP1-2">E. Review Under Executive Order 13132</FP> <FP SOURCE="FP1-2">F. Review Under Executive Order 12988</FP> <FP SOURCE="FP1-2"> G. Review Under the Unfunded Mandates Reform Act of 1995 </FP> <FP SOURCE="FP1-2">H. Review Under the Treasury and General Government Appropriations Act, 1999</FP> <FP SOURCE="FP1-2">I. Review Under Executive Order 12630</FP> <FP SOURCE="FP1-2">J. Review Under Treasury and General Government Appropriations Act, 2001</FP> <FP SOURCE="FP1-2">K. Review Under Executive Order 13211</FP> <FP SOURCE="FP1-2">L. Review Under Section 32 of the Federal Energy Administration Act of 1974</FP> <FP SOURCE="FP1-2">M. Description of Materials Incorporated by Reference</FP> <FP SOURCE="FP1-2">N. Congressional Notification</FP> </EXTRACT> <HD SOURCE="HD1">I. Authority and Background</HD> Among other things, the Energy Policy and Conservation Act (EPCA), Public Law 94-163 (42 U.S.C. 6291-6317, as codified), authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. <SU>1</SU> <FTREF/> Title III, Part B  <SU>2</SU> <FTREF/> of EPCA established the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth a variety of provisions designed to improve energy efficiency. Title III, Part C <SU>3</SU> of EPCA, <SU>3</SU> <FTREF/> added by Public Law 95-619, Title IV, section 441(a), established the Energy Conservation Program for Certain Industrial Equipment, which sets forth a variety of provisions designed to improve energy efficiency. These products and equipment include central air conditioners and heat pumps (CAC/HPs), dishwashers (DWs), residential clothes washers (RCWs), pool heaters, dehumidifiers, external power supplies (EPSs), battery chargers, computer room air conditioners (CRACs), direct-expansion dedicated outdoor air systems (DX-DOASes), air-cooled, three-phase, small commercial package air conditioners and heat pumps with a cooling capacity of less than 65,000 Btu/h (“three-phase, less than 65,000 Btu/h ACUACs and ACUHPs”) and air-cooled, three-phase variable refrigerant flow air conditioners and heat pumps with a cooling capacity of less than 65,000 Btu/h (“three-phase, less than 65,000 Btu/h VRF”), commercial water heating equipment (CWHs), automatic commercial ice makers (ACIMs), walk-in coolers and walk-in freezers (“walk-ins”), commercial and industrial pumps, portable air conditioners (“portable ACs”), compressors, dedicated-purpose pool pump motors (DPPPMs), air cleaners, single package vertical units (SPVUs), and ceiling fan light kits (CFLKs), all of which are subjects of this document. (42 U.S.C. 6292(a)(3), (6-7), (11), and (20); 42 U.S.C. 6295 (u), (cc), and (ff); 42 U.S.C. 6311(1)(A-D), (F-G), (K), and (2)(B)(i)). <FTNT> <SU>1</SU>  All references to EPCA in this document refer to the statute as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 27, 2020), which reflect the last statutory amendments that impact Parts A and A-1 of EPCA. </FTNT> <FTNT> <SU>2</SU>  For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A. </FTNT> <FTNT> <SU>3</SU>  For editorial reasons, upon codification in the U.S. Code, Part C was redesignated Part A-1. </FTNT> On October 9, 2024, DOE published a final rule in the <E T="04">Federal Register</E> to establish and amend the certification provisions, labeling requirements, and enforcement provisions for the specific types of consumer products and commercial and industrial equipment previously mentioned, as well as making a number of additional corrections and revising certification templates. 89 FR 81994 (“October 2024 final rule”). The changes made by the October 2024 final rule were summarized at pages 81996-82003 of that document and further discussed and implement elsewhere in that final rule ( <E T="03">see</E> 89 FR 81994, 81996-82003 (Oct. 9, 2024)). The rule became effective on December 23, 2024. For products or equipment for which this rule establishes the initial certification regulations for certifying compliance with new or amended standards, the October 2024 final rule required manufacturers to submit the initial certification report for basic models distributed in commerce beginning May 7, 2025. For basic models with existing certification regulations, October 2024 final rule's amendments to the reporting requirements for certifying compliance with existing standards were mandatory beginning with the annual certification report submitted on or after May 7, 2025. However, on February 12, 2025, House Joint Resolution 42 (H.J.Res. 42) was introduced pursuant to the Congressional Review Act (CRA; 5 U.S.C. 801-808), and the measure sought to disapprove DOE's October 2024 final rule. The joint resolution of disapproval passed the House of Representatives on March 5, 2025, and it passed the Senate on April 30, 2025. It was sent to the President on May 6, 2025, and it was signed on May 9, 2025, thereby becoming Pub. L. 119-8. Accordingly, it proclaimed the October 2024 final rule as having no force or effect. Because of the October 2024 final rule's nullification under the CRA, DOE has a non-discretionary duty to remove the relevant provision contained in that final rule from the CFR. This final rule takes the necessary steps to effect such rescission. <HD SOURCE="HD1">II. Amendments To Codify the Act in the CFR</HD> In this final rule, DOE is rescinding and amending numerous provisions in 10 CFR parts 429 and 431 in order to comply with the requirements of Pub. L. 119-8, which, pursuant to the CRA, disapproved and caused DOE's October 9, 2024 final rule to have no force or effect. Accordingly, DOE is taking action to revert its relevant regulations in the CFR to the version in effect prior to promulgation of the October 9, 2024 final rule. Table II.1 outlines the changes made in that rule which are being rescinded in this final rule. <GPOTABLE COLS="2" OPTS="L2,nj,i1" CDEF="xl100,r100"> <TTITLE>Table II.1—Summary of October 9, 2024 Final Rule Changes to Certification Reporting Requirements Relative to Prior Certification Reporting Requirements</TTITLE> <CHED H="1">Prior DOE certification reporting requirements</CHED> <CHED H="1">October 9, 2024 final rule amen ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 97k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━