10 CFR § 429.158 - Product determined noncompliant with regional standards.

---
identifier: "/us/cfr/t10/s429.158"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "10 CFR § 429.158 - Product determined noncompliant with regional standards."
title_number: 10
title_name: "Energy"
section_number: "429.158"
section_name: "Product determined noncompliant with regional standards."
chapter_name: "DEPARTMENT OF ENERGY"
subchapter_number: "D"
subchapter_name: "ENERGY CONSERVATION"
part_number: "429"
part_name: "CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 6291-6317; 28 U.S.C. 2461 note."
regulatory_source: "76 FR 12451, Mar. 7, 2011, unless otherwise noted."
cfr_part: "429"
---


# 429.158 Product determined noncompliant with regional standards.

(a) If DOE determines a model of outdoor unit fails to meet the applicable regional standard(s) when tested in a combination certified by the same manufacturer, then the outdoor unit basic model will be deemed noncompliant with the regional standard(s). In accordance with § 429.102(a)(10), the outdoor unit manufacturer and/or private labeler is liable for distribution of noncompliant units in commerce.

(b) If DOE determines a combination fails to meet the applicable regional standard(s) when tested in a combination certified by a manufacturer other than the outdoor unit manufacturer (e.g., ICM), then that combination is deemed noncompliant with the regional standard(s). In accordance with § 429.102(a)(10), the certifying manufacturer is liable for distribution of noncompliant units in commerce.

(c) All such units manufactured and distributed in commerce are presumed to have been installed in a region where they would not comply with the applicable energy conservation standard; however, a manufacturer and/or private labeler may demonstrate through installer records that individual units were installed in a region where the unit is compliant with the applicable standards.

[81 FR 45404, July 14, 2016, as amended at 87 FR 64586, Oct. 25, 2022]