[Code of Federal Regulations]
[Title 10, Volume 3]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR431.172]

[Page 431-432]
 
                            TITLE 10--ENERGY
 
                    CHAPTER II--DEPARTMENT OF ENERGY
 
PART 431_ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL 
EQUIPMENT--Table of Contents
 
    Subpart J_Provisions for Commercial HVAC & Water Heating Products
 
Sec. 431.172  Definitions.

    The following definitions apply for purposes of subparts D through G 
and J through M of this part. Other terms in these subparts shall be as 
defined elsewhere in this Part and, if not defined in this part, shall 
have the meaning set forth in Section 340 of the Act.
    Basic model means, with respect to a commercial HVAC & WH product, 
all units of such product, manufactured by one manufacturer, which have 
the same primary energy source and which do not have any differing 
electrical, physical, or functional characteristics that affect energy 
consumption.
    Commercial HVAC & WH product means any small or large commercial 
package air-conditioning and heating equipment, packaged terminal air 
conditioner, packaged terminal heat pump, commercial packaged boiler, 
hot water supply boiler, commercial warm

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air furnace, instantaneous water heater, storage water heater, or 
unfired hot water storage tank.
    Flue loss means the sum of the sensible heat and latent heat above 
room temperature of the flue gases leaving the appliance.
    Industrial equipment means an article of equipment, regardless of 
whether it is in fact distributed in commerce for industrial or 
commercial use, of a type which:
    (1) In operation consumes, or is designed to consume energy;
    (2) To any significant extent, is distributed in commerce for 
industrial or commercial use; and
    (3) Is not a ``covered product'' as defined in Section 321(2) of 
EPCA, 42 U.S.C. 6291(2), other than a component of a covered product 
with respect to which there is in effect a determination under Section 
341(c) of EPCA, 42 U.S.C. 6312(c).
    Private labeler means, with respect to a commercial HVAC & WH 
product, an owner of a brand or trade mark on the label of a product 
which bears a private label. A commercial HVAC & WH product bears a 
private label if :
    (1) Such product (or its container) is labeled with the brand or 
trademark of a person other than a manufacturer of such product;
    (2) The person with whose brand or trademark such product (or 
container) is labeled has authorized or caused such product to be so 
labeled; and
    (3) The brand or trademark of a manufacturer of such product does 
not appear on such label.