---
kind: "section"
citation: "10 C.F.R. § 429.158"
title: "10"
number: "429.158"
heading: "Product determined noncompliant with regional standards."
url: "https://uscodex.org/cfr/10/429.158"
---

# §429.158. Product determined noncompliant with regional standards.

- (a) If DOE determines a model of outdoor unit fails to meet the applicable regional standard(s) when tested in a combination certified by the same manufacturer, then the outdoor unit basic model will be deemed noncompliant with the regional standard(s). In accordance with [§ 429.102(a)(10)](/cfr/10/429.102.md?p=a-10), the outdoor unit manufacturer and/or private labeler is liable for distribution of noncompliant units in commerce.
- (b) If DOE determines a combination fails to meet the applicable regional standard(s) when tested in a combination certified by a manufacturer other than the outdoor unit manufacturer (e.g., ICM), then that combination is deemed noncompliant with the regional standard(s). In accordance with [§ 429.102(a)(10)](/cfr/10/429.102.md?p=a-10), the certifying manufacturer is liable for distribution of noncompliant units in commerce.
- (c) All such units manufactured and distributed in commerce are presumed to have been installed in a region where they would not comply with the applicable energy conservation standard; however, a manufacturer and/or private labeler may demonstrate through installer records that individual units were installed in a region where the unit is compliant with the applicable standards.

## Notes

### Amendments

[81 FR 45404, July 14, 2016, as amended at 87 FR 64586, Oct. 25, 2022]

### Authority

Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.

### Source

Source: 76 FR 12451, Mar. 7, 2011, unless otherwise noted.

### Amendments

[81 FR 45404, July 14, 2016, as amended at 87 FR 64586, Oct. 25, 2022]