§429.70. Alternative methods for determining energy efficiency and energy use.
10 C.F.R. § 429.70
(1) If a manufacturer makes representations for a single type of indoor unit combination (i.e., only ducted, non-ducted, or SDHV indoor unit combinations) across all the basic models for which an AEDM applies, the manufacturer must test at least a single tested combination of that type of indoor unit combination for each selected basic model in accordance with paragraph (c)(2)(iii) of this section.
(2) If a manufacturer makes representations for two types of indoor unit combinations (i.e., ducted, non-ducted, and/or SDHV) within or across all the basic models for which the AEDM applies, the manufacturer must test at least a single tested combination of a selected basic model for one of those two types of indoor unit combination, and at least a single tested combination of a different selected basic model for the other of those two types of indoor unit combination, each tested in accordance with paragraph (c)(2)(iii) of this section.
(3) If a manufacturer makes representations for all three types of indoor unit combinations (i.e., ducted, non-ducted, and SDHV) within or across basic models for which the AEDM applies, the manufacturer must test at least a single tested combination of a selected basic model as a non-ducted tested combination and a single tested combination of a different selected basic model as a ducted tested combination, each in accordance with paragraph (c)(2)(iii) of this section.
(4) In all cases, compare the results from each tested basic model and the AEDM energy use or efficiency output according to paragraph (c)(2)(ii) of this section. The manufacturer is responsible for ensuring the accuracy and reliability of the AEDM.
(1) The installation manual for the basic model specifically requires it to be started only by a factory-trained installer; or
(2) The manufacturer has elected, as part of the certification of that basic model, to have the opportunity to witness the test set-up. A manufacturer may elect to witness the test set-up for the initial verification test for no more than 10 percent of the manufacturer's basic models submitted for certification and rated with an AEDM per validation class specified in section (c)(2)(iv) of this paragraph. The 10-percent limit applies to all of the eligible basic models submitted for certification by a given manufacturer no matter how many AEDMs a manufacturer has used to develop its ratings. The 10-percent limit is determined by first calculating 10 percent of the total number of basic models rated with an AEDM per validation class, and then truncating the resulting product. Manufacturers who have submitted fewer than 10 basic models rated with an AEDM for certification may elect to have the opportunity to witness the test set-up of one basic model. A manufacturer must identify the basic models it wishes to witness as part of its certification report(s) prior to the basic model being selected for verification testing.
(3) In those instances in which a manufacturer has not provided the required information as specified in § 429.12(b)(13) for a given basic model that has been rated and certified as compliant with the applicable standards, a manufacturer is precluded from witnessing the testing set up for that basic model.
(1) Investigating and identifying cause(s) for failures;
(2) Taking corrective action to address cause(s);
(3) Performing six new tests per validation class, a minimum of two of which must be performed by an independent, third-party laboratory to validate the AEDM; and
(4) Obtaining DOE authorization to resume use of the AEDM.
(1) Investigating and identifying cause(s) for failures;
(2) Taking corrective action to address cause(s);
(3) Performing six new tests per basic model, a minimum of two of which must be performed by an independent, third-party laboratory from units obtained from retail to validate the AEDM; and
(4) Obtaining DOE authorization to resume use of an AEDM.
(2) For representations made on or after the compliance date of revised energy conservation standards for walk-in cooler and walk-in freezer refrigeration systems, use the following validation classes.
(1) Investigating and identifying cause(s) for failures;
(2) Taking corrective action to address cause(s);
(3) Performing six new tests per basic model, a minimum of two of which must be performed by an independent, third-party laboratory from units obtained from retail to validate the AEDM; and
(4) Obtaining DOE authorization to resume use of an AEDM.
(1) Investigating and identifying cause(s) for failures;
(2) Taking corrective action to address cause(s);
(3) Performing six new tests per validation class, a minimum of two of which must be performed by an independent, third-party laboratory to validate the AEDM; and
(4) Obtaining DOE authorization to resume use of the AEDM.
Notes, amendments, and revision history
Amendments
[76 FR 12451, Mar. 7, 2011; 76 FR 24780, May 2, 2011, as amended at 78 FR 79595, Dec. 31, 2013; 79 FR 25505, May 5, 2014; 79 FR 27410, May 13, 2014; 80 FR 152, Jan. 5, 2015; 79 FR 40565, July 11, 2014; 81 FR 4145, Jan. 25, 2016; 81 FR 37054, June 8, 2016; 81 FR 89304, Dec. 9, 2016; 82 FR 1100, Jan. 4, 2017; 82 FR 1475, Jan. 5, 2017; 87 FR 43979, July 22, 2022; 87 FR 45195, July 27, 2022; 87 FR 63649, Oct. 19, 2022; 87 FR 63894, Oct. 20, 2022; 87 FR 77321, Dec. 16, 2022; 88 FR 17973, Mar. 24, 2023; 88 FR 21837 Apr. 11, 2023; 88 FR 27388, May 1, 2023; 88 FR 28835, May 4, 2023; 88 FR 40472, June 21, 2023; 88 FR 53375, Aug. 8, 2023; 89 FR 44034, May 20, 2024; 89 FR 82070, Oct. 9, 2024; 90 FR 1277, Jan. 7, 2025; 90 FR 43383, Sept. 9, 2025]
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
[76 FR 12451, Mar. 7, 2011; 76 FR 24780, May 2, 2011, as amended at 78 FR 79595, Dec. 31, 2013; 79 FR 25505, May 5, 2014; 79 FR 27410, May 13, 2014; 80 FR 152, Jan. 5, 2015; 79 FR 40565, July 11, 2014; 81 FR 4145, Jan. 25, 2016; 81 FR 37054, June 8, 2016; 81 FR 89304, Dec. 9, 2016; 82 FR 1100, Jan. 4, 2017; 82 FR 1475, Jan. 5, 2017; 87 FR 43979, July 22, 2022; 87 FR 45195, July 27, 2022; 87 FR 63649, Oct. 19, 2022; 87 FR 63894, Oct. 20, 2022; 87 FR 77321, Dec. 16, 2022; 88 FR 17973, Mar. 24, 2023; 88 FR 21837 Apr. 11, 2023; 88 FR 27388, May 1, 2023; 88 FR 28835, May 4, 2023; 88 FR 40472, June 21, 2023; 88 FR 53375, Aug. 8, 2023; 89 FR 44034, May 20, 2024; 89 FR 82070, Oct. 9, 2024; 90 FR 1277, Jan. 7, 2025; 90 FR 43383, Sept. 9, 2025]