CFR > Title 10 - Energy > CHAPTER II—DEPARTMENT OF ENERGY > SUBCHAPTER D—ENERGY CONSERVATION (parts 400 to 491) > PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT > SUBPART J—Provisions for Commercial Heating, Ventilating, Air-Conditioning and Water Heating Products (§431.171 to §431.176) > 431.173—Requirements applicable to all manufacturers.

431.173—Requirements applicable to all manufacturers.

(a) General. A manufacturer of a HVAC and WH product may not distribute any basic model of such equipment in commerce unless the manufacturer has determined the efficiency of the basic model either from testing of the basic model or from application of an alternative efficiency determination method (AEDM) to the basic model, in accordance with the requirements of this section. In instances where a manufacturer has tested that basic model to validate an AEDM, the efficiency of that basic model must be determined and rated according to results from actual testing. (For purposes of this subpart, the “efficiency” of a commercial HVAC and WH product means the energy efficiency or energy use of that product, expressed in terms of the descriptor that referenced in section 342(a) of the Act to state the energy conservation standard for that product.)
(b) Testing. If a manufacturer tests a basic model pursuant to this section to determine its efficiency, the manufacturer must:
(1) Select at random the unit(s) to be tested, which must be representative of the basic model,
(2) Perform the testing in accordance with the applicable Department of Energy test procedure,
(3) Meet industry standards for the measurement accuracy of testing for the equipment being tested. This includes accuracy requirements in applicable test procedures, accuracy achieved by laboratory-grade equipment, and the accuracy of calibration standards, and
(4) Meet the requirements of either § 431.174(b) or § 431.175(a), whichever is applicable.
(c) Alternative efficiency determination methods— (1) Criteria an AEDM must satisfy. You may not apply an AEDM to a basic model to determine its efficiency pursuant to this subpart unless:
(i) The AEDM is derived from a mathematical model that represents the energy consumption characteristics of the basic model; and
(ii) The AEDM is based on engineering or statistical analysis, computer simulation or modeling, or other analytic evaluation of performance data.
(2) Subsequent verification of an AEDM. If you have used an AEDM pursuant to this subpart,
(i) You must have available for inspection by the Department records showing:
(A) The method or methods used;
(B) The mathematical model, the engineering or statistical analysis, computer simulation or modeling, and other analytic evaluation of performance data on which the AEDM is based;
(C) Complete test data, product information, and related information that you generated or acquired under paragraph (c)(1) of this section and §§ 431.174(c) or .(b)(1), as applicable; and
(D) The calculations used to determine the average efficiency and energy consumption of each basic model to which an AEDM was applied.
(ii) If requested by the Department, you must perform at least one of the following:
(A) Conduct simulations to predict the performance of particular basic models of the commercial HVAC and WH product;
(B) Provide analyses of previous simulations conducted by you;
(C) Conduct sample testing of basic models selected by the Department; or
(D) Conduct a combination of these.
(3) Limitation on use of an AEDM. A manufacturer may not knowingly use an AEDM to overrate the efficiency of a basic model.