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the maximum fuel input in Btu's per hour as determined in 3.1.1 of this appendix times the representative unit cost in dollars per Btu for natural gas, propane, or oil, as appropriate, as provided pursuant to section 323(b)(2) of the Act; plus (2) the product of the maximum auxiliary electric power in kilowatts as determined in 3.1.3 of Appendix O of this subpart times the representative unit cost in dollars per kilowatt-hour as provided pursuant to section 323(b)(2) of the Act, the resulting quantity shall be rounded off to the nearest 0.01 dollar per million Btu output.

(4) Other useful measures of energy consumption for vented home heating equipment shall be those measures of energy consumption which the Secretary determines are likely to assist consumers in making purchasing decisions and which are derived from the application of Appendix O of this subpart.

[42 FR 27898, June 1, 1977, as amended at 42 FR 39967, Aug. 8, 1977; 42 FR 49807, Sept. 28, 1977; 42 FR 54116, Oct. 4, 1977; 42 FR 55603, 55610, Oct. 18, 1977; 42 FR 60153, Nov. 25, 1977; 43 FR 20119, May 10, 1978; 43 FR 48986, Oct. 19, 1978; 44 FR 76706, Dec. 27, 1979; 47 FR 34524, Aug. 10, 1982; 48 FR 9206, Mar. 3, 1983; 49 FR 12156, Mar. 28, 1984; 52 FR 47550, Dec. 15, 1987]

EFFECTIVE DATE NOTE: At 52 FR 47550, Dec. 15, 1987, paragraphs (c)(1)(iii) and (2)(iii) were added to § 430.22, effective February 16, 1988.

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ator-freezers, a sample of sufficient size shall be tested to insure that

(i) Any represented value of estimated annual operating cost, energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values shall be no less than the higher of (A) the mean of the sample or (B) the upper 95 percent confidence limit of the true mean divided by 1.10, and

(ii) Any represented value of the energy factor or other measure of energy consumption of a basic model for which consumer would favor

higher values shall be no greater than the lower of (A) the mean of the sample or (B) the lower 95 percent confidence limit of the true mean divided by .90.

of

(b)(1) For each basic model1 freezers, a sample of sufficient size shall be tested to insure that

(i) Any represented value of estimated annual operating cost, energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values shall be no less than the higher of (A) the mean of the sample or (B) the upper 95 percent confidence limit of the true mean divided by 1.10, and

(ii) Any represented value of the energy factor or other measure of energy consumption of a basic model for which consumers would favor higher values shall be no greater than the lower of (A) the mean of the sample or (B) the lower 95 percent confidence limit of the true mean divided by .90.

(c)(1) For each basic model 1 of dishwashers, a sample of sufficient size shall be tested to insure that

(i) Any represented value of estimated annual operating cost, energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values shall be no less than the higher of (A) the mean of the sample or (B) the upper 97% percent confidence limit of the true mean divided by 1.05, and

(ii) Any represented value of the energy factor or other measure of energy consumption of a basic model for which consumers would favor higher values shall be no greater than

the lower of (A) the mean of the sample or (B) the lower 971⁄2 percent confidence limit of the true mean divided by .95.

(d)(1) For each basic model of clothes dryers a sample of sufficient size shall be tested to insure that

(i) Any represented value of estimated annual operating cost, energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values shall be no less than the higher of (A) the mean of the sample or (B) the upper 97% percent confidence limit of the true mean divided by 1.05, and

(ii) Any represented value of the energy factor or other measure of energy consumption of a basic model for which consumers would favor higher values shall be no greater than the lower of (A) the mean of the sample or (B) the lower 97% percent confidence limit of the true mean divided by .95.

(e)(1) For each basic model of water heaters, a sample of sufficient size shall be tested to insure that

(i) Any represented value of estimated annual operating cost, energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values shall be no less than the higher of (A) the mean of the sample or (B) the upper 95 percent confidence limit of the true mean divided by 1.10, and

(ii) Any represented value of the energy factor or other measure of energy consumption of a basic model for which consumers would favor higher values shall be no greater than the lower of (A) the mean of the sample or (B) the lower 95 percent confidence limit of the true mean divided by .90.

(f)(1) For each basic model of room air conditioners, a sample of sufficient size shall be tested to insure that

(i) Any represented value of estimated annual operating cost, energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values shall be no less than the higher of (A) the mean of the sample or (B) the upper 972 percent confidence

limit of the true mean divided by 1.05, and

(ii) Any represented value of the energy efficiency ratio or other measure of energy consumption of a basic model for which consumers would favor higher values shall be no greater than the lower of (A) the mean of the sample or (B) the lower 97% percent confidence limit of the true mean divided by .95.

1

(g)(1) For each basic model 1 of unvented home heating equipment (not including furnaces), a sample of sufficient size shall be tested to insure that

(i) Any represented value of estimated annual operating cost, energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values shall be no less than the higher of (A) the mean of the sample or (B) the upper 972 percent confidence limit of the true mean divided by 1.075, and

(ii) Any represented value of the annual fuel utilization efficiency or other measure of energy consumption of a basic model for which consumers would favor higher values shall be not greater than the lower of (A) the mean of the sample or (B) the lower 972 percent confidence limit of the true mean divided by .925.

(h)(1) For each basic model 1 of television sets, a sample of sufficient size shall be tested to insure that—

(i) Any represented value of estimated annual operating cost, energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values shall be no less than the higher of (A) the mean of the sample or (B) the upper 97% percent confidence limit of the true mean divided by 1.05, and

(ii) Any represented value of the energy factor or other measure of energy consumption of a basic model for which consumers would favor higher values shall be no greater than

'Components of similar design may be substituted without requiring additional testing if the represented measures of energy consumption continue to satisfy the applicable sampling provision.

the lower of (A) the mean of the sample or (B) the lower 971⁄2 percent confidence limit of the true mean divided by .95.

(i)(1) Except as provided in paragraph (i)(2) of this section, for each basic model of conventional cooking tops, conventional ovens and microwave ovens a sample of sufficient size shall be tested to insure that—

(i) Any represented value of estimated annual operating cost, energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values shall be no less than the higher of (A) the mean of the sample or (B) the upper 97% percent confidence limit of the true mean divided by 1.05, and

(ii) Any represented value of the energy factor or other measure of energy consumption of a basic model for which consumers would favor higher values shall be no greater than the lower of (A) the mean of the sample or (B) the lower 971⁄2 percent confidence limit of the true mean divided by .95.

(2) Basic models need not be tested which differ from other tested basic models by only the design of oven doors the use of which leads to improved efficiency and decreased energy consumption and estimated

annual operating cost. Any represented values of measures of energy consumption for basic models not tested shall be the same as for the tested basic model.

(j)(1) For each basic model of clothes washers, a sample of sufficient size shall be tested to insure that

(i) Any represented value of estimated annual operating cost, energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values shall be no less than the higher of (A) the mean of the sample or (B) the upper 97% percent confidence limit of the true mean divided by 1.05, and

(ii) Any represented value of the energy factor or other measure of energy consumption of a basic model for which consumers would favor higher values shall be no greater than the lower of (A) the mean of the

sample or (B) the lower 971⁄2 percent confidence limit of the true mean divided by .95.

(k)(1) For each basic model of humidifiers, a sample of sufficient size shall be tested to insure that

(i) Any represented value of estimated annual operating cost, energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values shall be no less than the higher of (A) the mean of the sample or (B) the upper 972 percent confidence limit of the true mean divided by 1.05, and

(ii) Any represented value of the energy factor or other measure of energy consumption of a basic model for which consumers would favor higher values shall be no greater than the lower of (A) the mean of the sample or (B) the lower 971⁄2 percent confidence limit of the true mean divided by .95.

1

(1)(1) For each basic model of dehumidifier; a sample of sufficient size shall be tested to insure that—

(i) Any represented value of estimated annual operating cost, energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values shall be no less than the higher of (A) the mean of the sample or (B) the upper 97% percent confidence limit of the true mean divided by 1.10, and

(ii) Any represented value of the energy factor or other measure of energy consumption of a basic model for which consumers would favor higher values shall be no greater than the lower of (A) the mean of the sample or (B) the lower 97% percent confidence limit of the true mean divided by .90.

(m)(1) For central air conditioners, each condensing unit shall have a condenser-evaporator coil combination selected and a sample of sufficient size tested in accordance with applicable provisions of this subpart such that—

(i) Any represented value of estimated annual operating cost, energy consumption or other measure of energy consumption of the condenser-evaporator coil combination for which consumers would favor lower values shall

be no less than the higher of (A) the mean of the sample or (B) the upper 90 percent confidence limit of the true mean divided by 1.05, and

(ii) Any represented value of the energy efficiency or other measure of energy consumption of the condenserevaporator coil combination for which consumers would favor higher values shall be no greater than the lower of (A) the mean of the sample or (B) the lower 90 percent confidence limit of the true mean divided by 0.95.

(2) The condenser-evaporator coil combination' selected for tests pursuant to paragraph (m)(1) of this section shall be that combination manufactured by the condensing unit manufacturer likely to have the largest volume of retail sales.

For every other condenser-evaporator coil combination manufactured by the same manufacturer or in part by a component manufacturer using that same condensing unit, either

(i) A sample of sufficient size shall be tested to insure that the requirements of paragraphs (m)(1)(i) and (m)(1)(ii) of this section are met for such other condenser-evaporator coil combinations, or

(ii) Represented values of the measures of energy consumption shall be determined by the use of computer simulation or engineering analysis to determine the energy consuming characteristics of such basic model, as described in paragraph (m)(5) of this section.

(3) Whenever measures of energy consumption determined by computer simulation or by engineering analysis do not agree with measures of energy consumption determined by actual testing, the values determined by actual testing shall be used to comply with section 323(c) of the Act, or to comply with rules prescribed under section 324 of the Act.

(4) The sample selected for testing under paragraph (m)(1) of this section shall be comprised of units which are

1 Components of similar design may be substituted without requiring additional testing if the represented measures of energy consumption continue to satisfy the applicable sampling provision.

production units, or representative of production units.

(5) The basis of the computer simulation or engineering analysis method referred to in paragraph (m)(2)(ii) of this section shall be a representation of the mechanical vapor compression refrigeration cycle. The major components in the refrigeration cycle shall be modeled as "fits" to manufacturer performance data or by the use of graphic or tabular performance data. Heat transfer characteristics of coils may be modeled as a function of face area, number of rows, fins per inch, refrigerant circuiting, air flow rate and entering air enthalpy. An iterative process shall be used which varies system temperatures and flow rates until the cycle is balanced.

(6) When making representations regarding energy consumption, manufacturers must distinguish which condenser-evaporator coil combinations have been tested to fulfill the sampling requirements for labeling and representations and which units have been rated by computer simulation or engineering analysis. If after a period of time (not exceeding one year from introduction of a new product into the market) a manufacturer discovers that the condenser-evaporator coil combination tested does not have the largest volume of retail sales he must test the combination which, in fact, does have the largest sales volume and provide that information to the Federal Trade Commission (FTC).

(7) Manufacturers who choose to use computer simulation or engineering analysis for determing measures of energy consumption under paragraphs (m)(2)(ii) and (m)(5) of this section must

(i) Submit to DOE a written document which describes the method used to derive such ratings, and describes the procedure used by the manufacturer to verify the accuracy of such ratings; and

(ii) For every family of basic models using the same condensing unit, submit to DOE the results from all tests required by section 3 of Appendix M to this subpart used to establish the rated value(s) for the condenserevaporator coil combination likely to have the highest sales volume, and a

comparison of those test results with the values predicted when the simulation method used to rate other members of the family is used to rate such combination.

(8) Manufacturers who choose to use computer simulation or engineering analysis for determining measures of energy consumption under paragraphs (m)(2)(ii) and (m)(5) of this section shall permit representatives of the Department of Energy to inspect for verification purposes the simulation method or methods used. This inspection may include conducting simulations to predict the performance of particular condenser-evaporator coil combinations specified by DOE, analysis of previous simulations conducted by a manufacturer, or both.

(n)(1) For each basic model1 of furnaces, other than basic models of those sectional cast-iron boilers which may be aggregated into groups having identical intermediate sections and combustion chambers, a sample of sufficient size shall be tested to insure that

(i) Any represented value of estimated annual operating cost, energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values shall be no less than the higher of (A) the mean of the sample, or (B) the upper 97% percent confidence limit of the true mean divided by 1.05, and

(ii) Any represented value of the annual fuel utilization efficiency or other measure of energy consumption of a basic model for which consumers would favor higher values shall be no greater than the lower of (A) the mean of the sample, or (B) the lower 972 percent confidence limit of the true mean divided by .95.

(2) For the lowest capacity basic model' of a group of basic models of those sectional cast-iron boilers having identical intermediate sections and combustion chambers, a sample of suf

'Components of similar design may be substituted without requiring additional testing if the represented measures of energy consumption continue to satisfy the applicable sampling provision.

ficient size shall be tested to insure that

(i) Any represented value of estimated annual operating cost, energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values shall be no less than the higher of (A) the mean of the sample, or (B) the upper 972 percent confidence limit of the true mean divided by 1.05, and

(ii) Any represented value of the fuel utilization efficiency or other measure of energy consumption of a basic model for which consumers would favor higher values shall be no greater than the lower of (A) the mean of the sample, or (B) the lower 972 percent confidence limit of the true mean divided by .95.

(3) For the highest capacity basic model' of a group of basic models of those sectional cast-iron boilers having identical intermediate sections and combustion chambers, a sample of sufficient size shall be tested to insure that

(i) Any represented value of estimated annual operating cost, energy consumption or other measure of energy consumption of a basic model for which consumers would favor lower values be no less than the higher of (A) the mean of the sample, or (B) the upper 972 percent confidence limit of the true mean divided by 1.05, and

(ii) Any represented value of the fuel utilization efficiency or other measure of energy consumption of a basic model for which consumers would favor higher values shall be no greater than the lower of (A) the mean of the sample, or (B) the lower 972 percent confidence limit of the true mean divided by .05.

(4) For basic model' or capacity other than the highest or lowest of the group of basic models of sectional cast-iron boilers having identical intermediate sections and combustion chambers, represented values of measures of energy consumption shall be determined by either

(i) A linear interpolation of data obtained for the smallest and largest capacity units of the family, or

(ii) Testing a sample of sufficient size to insure that (A) any represented

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