§429.43. Commercial heating, ventilating, air conditioning (HVAC) equipment (excluding air-cooled, three-phase, small commercial package air conditioning and heating equipment with a cooling capacity of less than 65,000 British thermal units per hour and air-cooled, three-phase, variable refrigerant flow multi-split air conditioners and heat pumps with less than 65,000 British thermal units per hour cooling capacity). — Inbound Citations

(1) Failure of a manufacturer to provide, maintain, permit access to, or copying of records required to be supplied under the Act and this part or failure to make reports or provide other information required to be supplied under the Act and this part, including but not limited to failure to properly certify covered products and covered equipment in accordance with § 429.12 and §§ 429.14 through 429.66;

(a) When testing of covered products or covered equipment is required to comply with section 323(c) of the Act, or to comply with rules prescribed under sections 324, 325, 342, 344, 345 or 346 of the Act, a sample comprised of production units (or units representative of production units) of the basic model being tested must be selected at random and tested and must meet the criteria found in §§ 429.14 through 429.69 and § 429.76. Components of similar design may be substituted without additional testing if the substitution does not affect energy or water consumption. Any represented values of measures of energy efficiency, water efficiency, energy consumption, or water consumption for all individual models represented by a given basic model must be the same, except for central air conditioners and central air conditioning heat pumps, as specified in § 429.16; and

(13) Product specific information listed in §§ 429.14 through 429.63 of this chapter.

(1) AHRI Standard 210/240-2023, (“AHRI 210/240-2023”), 2023 Standard for Performance Rating of Unitary Air-conditioning & Air-source Heat Pump Equipment, copyright 2020; IBR approved for § 429.67.

(vi) Before May 15, 2025, the provisions in 10 CFR 429.43, revised as of January 1, 2024, are applicable. On and after May 15, 2025, when certifying to energy conservation standards in terms of EER or IEER and (as applicable) COP, the provisions in paragraph (a)(3)(vi)(B) of this section apply. When certifying to energy conservation standards in terms of IVEC and (as applicable) IVHE, all provisions in this paragraph (a)(3)(vi) apply.

(A) For individual model selection when certifying to energy conservation standards in terms of IVEC and (as applicable) IVHE:

(1) Representations for a basic model must be based on the least-efficient individual model(s) distributed in commerce among all otherwise comparable model groups comprising the basic model, with selection of the least-efficient individual model considering all options for factory-installed components and manufacturer-supplied components for field installation, except as provided in paragraph (a)(3)(vi)(A)(2) of this section for individual models that include components listed in table 7 to paragraph (a)(3)(vi)(A) of this section. For the purpose of this paragraph (a)(3)(vi)(A)(1), “otherwise comparable model group” means a group of individual models distributed in commerce within the basic model that do not differ in components that affect energy consumption as measured according to the applicable test procedure specified at 10 CFR 431.96 other than those listed in table 7 to paragraph (a)(3)(vi)(A) of this section. An otherwise comparable model group may include individual models distributed in commerce with any combination of the components listed in table 7 (or none of the components listed in table 7). An otherwise comparable model group may consist of only one individual model.

(2) For a basic model that includes individual models distributed in commerce with components listed in table 7 to paragraph (a)(3)(vi)(A) of this section, the requirements for determining representations apply only to the individual model(s) of a specific otherwise comparable model group distributed in commerce with the least number (which could be zero) of components listed in table 7 to paragraph (a)(3)(vi)(A) included in individual models of the group. Testing under this paragraph (a)(3)(vi)(A)(2) shall be consistent with any component-specific test provisions specified in section 6 of appendix A1 to subpart F of 10 CFR part 431.

(B) The represented value of total cooling capacity must be between 95 percent and 100 percent of the mean of the total cooling capacities measured for the units in the sample selected as described in paragraph (a)(1)(ii) of this section, or between 95 percent and 100 percent of the total cooling capacity output simulated by the AEDM as described in paragraph (a)(2) of this section.

(C) Representations of IVEC and IVHE (including IVHEc, as applicable) must be determined using a minimum part-load airflow that is no lower than the highest of the following:

(1) The minimum part-load airflow obtained using the as-shipped system control settings;

(2) The minimum part-load airflow obtained using the default system control settings specified in the manufacturer installation instructions (as applicable); and

(3) The minimum airflow rate specified in section 5.18.2 of AHRI 1340-2023.

(1) For air-cooled, three-phase, small commercial package air conditioning and heating equipment with a cooling capacity of less than 65,000 Btu/h and air-cooled, three-phase, variable refrigerant flow multi-split air conditioners and heat pumps with a cooling capacity of less than 65,000 Btu/h subject to standards in terms of seasonal energy efficiency ratio (SEER) and heating seasonal performance factor (HSPF), representations with respect to the energy use or efficiency, including compliance certifications, are subject to the requirements in § 429.43 of this title as it appeared in the 10 CFR parts 200-499 edition revised as of January 1, 2021.

(a) A manufacturer of covered products or covered equipment explicitly authorized to use an AEDM in §§ 429.14 through 429.69 may not distribute any basic model of such product or equipment in commerce unless the manufacturer has determined the energy consumption or energy efficiency of the basic model, either from testing the basic model in conjunction with DOE's certification sampling plans and statistics or from applying an alternative method for determining energy efficiency or energy use (i.e., AEDM) to the basic model, in accordance with the requirements of this section. In instances where a manufacturer has tested a basic model to validate the AEDM, the represented value of energy consumption or efficiency of that basic model must be determined and certified according to results from actual testing in conjunction with 10 CFR part 429, subpart B certification sampling plans and statistics. In addition, a manufacturer may not knowingly use an AEDM to overrate the efficiency of a basic model.

(1) If a basic model includes individual models with components listed at table 1 to § 429.43(a)(3)(i)(A) and DOE is not able to obtain an individual model with the least number (which could be zero) of those components within an otherwise comparable model group (as defined in § 429.43(a)(3)(i)(A)(1)), DOE may test any individual model within the otherwise comparable model group.

(1) If a basic model includes individual models with components listed at table 1 to § 429.43(a)(3)(i)(A) and DOE is not able to obtain an individual model with the least number (which could be zero) of those components within an otherwise comparable model group (as defined in § 429.43(a)(3)(i)(A)(1)), DOE may test any individual model within the otherwise comparable model group.

(1) For each indoor unit model identified in the tested combination for which the model number certified in the STI does not fully specify the presence or absence of components listed at table 2 to 10 CFR 429.43(a)(3)(ii)(B), the following provision applies. If DOE is not able to obtain an individual model with the least number of those components, then DOE may test a system that includes any individual indoor unit model that has a model number consistent with the certified indoor unit model number.

(2) If a basic model includes individual models with components listed at table 4 to § 429.43(a)(3)(iii)(A) and DOE is not able to obtain an individual model with the least number (which could be zero) of those components within an otherwise comparable model group (as defined in § 429.43(a)(3)(iii)(A)(1)), DOE may test any individual model within the otherwise comparable model group.

(2) If a basic model includes individual models with components listed at table 4 to § 429.43(a)(3)(iii)(A) and DOE is not able to obtain an individual model with the least number (which could be zero) of those components within an otherwise comparable model group (as defined in § 429.43(a)(3)(iii)(A)(1)), DOE may test any individual model within the otherwise comparable model group.

(2) If a basic model includes individual models with components listed at table 5 to § 429.43(a)(3)(iv)(A) and DOE is not able to obtain an individual model with the least number (which could be zero) of those components within an otherwise comparable model group (as defined in § 429.43(a)(3)(iv)(A)(1)), DOE may test any individual model within the otherwise comparable model group.

(2) If a basic model includes individual models with components listed at table 5 to § 429.43(a)(3)(iv)(A) and DOE is not able to obtain an individual model with the least number (which could be zero) of those components within an otherwise comparable model group (as defined in § 429.43(a)(3)(iv)(A)(1)), DOE may test any individual model within the otherwise comparable model group.

(2) If a basic model includes individual models with components listed at table 6 to § 429.43(a)(3)(v)(A) and DOE is not able to obtain an individual model with the least number (which could be zero) of those components within an otherwise comparable model group (as defined in § 429.43(a)(3)(v)(A)(1)), DOE may test any individual model within the otherwise comparable model group.

(2) If a basic model includes individual models with components listed at table 6 to § 429.43(a)(3)(v)(A) and DOE is not able to obtain an individual model with the least number (which could be zero) of those components within an otherwise comparable model group (as defined in § 429.43(a)(3)(v)(A)(1)), DOE may test any individual model within the otherwise comparable model group.

(2) For assessment and enforcement testing of models subject to energy conservation standards denominated in terms of IVEC and IVHE, if a basic model includes individual models with components listed at table 7 to § 429.43(a)(3)(vi)(A) and DOE is not able to obtain an individual model with the least number (which could be zero) of those components within an otherwise comparable model group (as defined in § 429.43(a)(3)(vi)(A)(1)), DOE may test any individual model within the otherwise comparable model group.

(2) For assessment and enforcement testing of models subject to energy conservation standards denominated in terms of IVEC and IVHE, if a basic model includes individual models with components listed at table 7 to § 429.43(a)(3)(vi)(A) and DOE is not able to obtain an individual model with the least number (which could be zero) of those components within an otherwise comparable model group (as defined in § 429.43(a)(3)(vi)(A)(1)), DOE may test any individual model within the otherwise comparable model group.

(2) All units manufactured by one manufacturer within a single equipment class, having the same or comparably performing compressor(s), heat exchangers, and air moving system(s) that have a common “nominal” cooling capacity.

(2) All units manufactured by one manufacturer within a single equipment class, having the same or comparably performing compressor(s), heat exchangers, and air moving system(s) that have a common “nominal” cooling capacity.