Energy Conservation Program for Consumer Products: Publication of the Petition for Waiver and Granting the Application for Interim Waiver of Hallowell International From the Department of Energy Residential Central Air Conditioner and Heat Pump Test Procedure, 63131-63142 [E9-28694]

Download as PDF Federal Register / Vol. 74, No. 230 / Wednesday, December 2, 2009 / Notices be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., LBJ, Washington, DC 20202–4537. Requests may also be electronically mailed to ICDocketMgr@ed.gov or faxed to 202–401–0920. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to ICDocketMgr@ed.gov. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1– 800–877–8339. [FR Doc. E9–28819 Filed 12–1–09; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY [Case No. CAC–022] Energy Conservation Program for Consumer Products: Publication of the Petition for Waiver and Granting the Application for Interim Waiver of Hallowell International From the Department of Energy Residential Central Air Conditioner and Heat Pump Test Procedure AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of Petition for Waiver, Granting an Application for Interim Waiver, and request for public comments. This notice announces receipt of and publishes the Hallowell International (Hallowell) Petition for Waiver (hereafter, ‘‘Petition’’) from the U.S. Department of Energy (DOE) test procedure for determining the energy consumption of residential central air conditioners and heat pumps for certain specified equipment. The waiver request pertains to Hallowell’s Boosted Compression heat pumps, a product line that uses three-stage technology to enable efficient heating at very low outdoor temperatures. The existing test procedure accounts for two-capacity compressors, but not three-capacity operation. Therefore, Hallowell has suggested an alternate test procedure to calculate the heating performance of its three-stage Boosted Compression products. DOE is soliciting comments, data, and information concerning Hallowell’s Petition and the suggested alternate test procedure. DOE is also granting an interim waiver to Hallowell. DATES: DOE will accept comments, data, and information with respect to the mstockstill on DSKH9S0YB1PROD with NOTICES SUMMARY: VerDate Nov<24>2008 18:28 Dec 01, 2009 Jkt 220001 Hallowell Petition until, but no later than January 4, 2010. ADDRESSES: You may submit comments, identified by case number [CAC–022], by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: AS_Waiver_Requests@ee.doe.gov. Include either the case number [CAC– 022], and/or ‘‘Hallowell Petition’’ in the subject line of the message. • Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, Mailstop EE–2J, Petition for Waiver Case No. RF–008, 1000 Independence Avenue, SW., Washington, DC 20585–0121. Telephone: (202) 586–2945. Please submit one signed original paper copy. • Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, 950 L’Enfant Plaza, SW., Suite 600, Washington, DC 20024. Please submit one signed original paper copy. Instructions: All submissions received must include the agency name and case number for this proceeding. Submit electronic comments in WordPerfect, Microsoft Word, Portable Document Format (PDF), or text (American Standard Code for Information Interchange (ASCII)) file format, and avoid the use of special characters or any form of encryption. Wherever possible, include the electronic signature of the author. DOE does not accept telefacsimiles (faxes). Any person submitting written comments must also send a copy of such comments to the petitioner, pursuant to 10 CFR 430.27(d). The contact information for the petitioner is: Mr. Joseph M. Gross, Design Engineer, Hallowell International, 110 Hildreth Street, Bangor, ME 04401. Telephone: (207) 990–5600 x121. E-mail: jgross@gotohallowell.com. According to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit two copies: one copy of the document including all the information believed to be confidential, and one copy of the document with the information believed to be confidential deleted. DOE will make its own determination about the confidential status of the information and treat it according to its determination. Docket: For access to the docket to review the background documents relevant to this matter, you may visit the U.S. Department of Energy, 950 L’Enfant Plaza, SW., (Resource Room of the PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 63131 Building Technologies Program), Washington, DC 20024; (202) 586–2945, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. Available documents include the following items: (1) This notice; (2) public comments received; (3) the Petition for Waiver and Application for Interim Waiver; and (4) prior DOE rulemakings regarding similar central air conditioning and heat pump equipment. Please call Ms. Brenda Edwards at the above telephone number for additional information regarding visiting the Resource Room. FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. Department of Energy, Building Technologies Program, Mail Stop EE–2J, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585–0121. Telephone: (202) 586–9611. E-mail: Michael.Raymond@ee.doe.gov. Francine Pinto or Eric Stas, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC–72, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585– 0103. Telephone: (202) 586–9507. Email: Francine.Pinto@hq.doe.gov or Eric.Stas@hq.doe.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Background and Authority II. Petition for Waiver III. Application for Interim Waiver IV. Alternate Test Procedure V. Summary and Request for Comments VI. I. Background and Authority Title III of the Energy Policy and Conservation Act (EPCA) sets forth a variety of provisions concerning energy efficiency. Part A of Title III establishes the Energy Conservation Program for Consumer Products Other Than Automobiles.1 (42 U.S.C. 6291–6309) This notice involves residential products under Part A, and EPCA specifically includes definitions, test procedures, labeling provisions, energy conservation standards, and the authority to require information and reports from manufacturers. With respect to test procedures, Part A generally authorizes the Secretary of Energy (the Secretary) to prescribe test procedures that are reasonably designed to produce results which reflect energy efficiency, energy use, and estimated annual operating costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) 1 These two parts were originally titled Parts B and C, but were redesignated as Parts A and A–1 in the United States Code for editorial reasons. E:\FR\FM\02DEN1.SGM 02DEN1 mstockstill on DSKH9S0YB1PROD with NOTICES 63132 Federal Register / Vol. 74, No. 230 / Wednesday, December 2, 2009 / Notices Relevant to the current Petition for Waiver, the test procedures for residential central air conditioners and central air conditioning heat pumps are set forth in 10 CFR Part 430, subpart B, appendix M. Section 323 of EPCA provides that the Secretary of Energy may amend test procedures for consumer products if the Secretary determines that amended test procedures would more accurately reflect energy efficiency, energy use or estimated annual operating costs, and are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(1)(A) and (b)(3)) DOE’s regulations contain provisions allowing a person to seek a waiver from the test procedure requirements for covered products, for which the petitioner’s basic model contains one or more design characteristics that prevent testing according to the prescribed test procedures, or when the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption as to provide materially inaccurate comparative data. 10 CFR 430.27(a)(1). Petitioners must include in their petition any alternate test procedures known to evaluate the basic model in a manner representative of its energy consumption. 10 CFR 430.27(b)(1)(iii). The Assistant Secretary for Energy Efficiency and Renewable Energy (the Assistant Secretary) may grant the waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 430.27(l). Within 1 year of granting the waiver, DOE must publish in the Federal Register a notice of proposed rulemaking to amend its regulations so as to eliminate any need for the continuation of such waiver. As soon thereafter as practicable, the Department of Energy must publish in the Federal Register a final rule. The waiver will terminate on the effective date of such final rule. 10 CFR 430.27(m). The waiver process also permits parties petitioning DOE for a waiver to apply for an Interim Waiver from the prescribed test procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary will grant an Interim Waiver request if it is determined that the applicant will experience economic hardship if the Interim Waiver is denied, if it appears likely that the Petition for Waiver will be granted, and/ or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the Petition for Waiver. 10 CFR 430.27(g). An Interim Waiver remains in effect for a period of 180 days or until DOE issues its determination on the Petition for VerDate Nov<24>2008 18:28 Dec 01, 2009 Jkt 220001 Waiver, whichever is sooner, and may be extended for an additional 180 days, if necessary. 10 CFR 430.27(h). II. Petition for Waiver On July 29, 2008, Hallowell filed a Petition for Waiver from the test procedures applicable to residential air conditioning and heating equipment and an Application for Interim Waiver. The applicable test procedure for Hallowell’s residential Boosted Compression products is the DOE residential test procedure found in 10 CFR Part 430, Subpart B, Appendix M. Hallowell included an alternate test procedure in its July 29, 2008, submittal, but the alternate procedure was incomplete. On April 25, 2009, Hallowell submitted the revised petition and alternate test procedure included in this Federal Register notice. Hallowell seeks a waiver from the DOE test procedures on the grounds that its Boosted Compression heat pump systems contain design characteristics that prevent testing according to the current DOE test procedure. The DOE test procedure covers systems with a single speed, with two steps or stages of modulation, and with continuous modulation over a finite range through the incorporation of a variable-speed or digital compressor. Hallowell’s product deviates from the anticipated form—a system whose performance falls between that of a two-capacity system and a conventional variable-capacity system—because the three-capacity capability is limited to heating mode operation. Moreover, the additional stage of heating capacity is specifically used at the lowest outdoor temperatures with the aim of maximizing the total heating contributed by the heat pump relative to the total heating supplied by the auxiliary heat source (usually electric resistance). Another unique feature of Hallowell’s low-temperature heat pump system is that for any given outdoor temperature, only two-stages of heating are permitted; one stage is always locked out. Rating Hallowell’s Boosted Compression products will require modified calculation algorithms and testing at an additional, lower temperature to capture the effect on both capacity and power of the additional stage/level of heating operation. The building load assigned within HSPF calculations requires evaluation based on the case where high-stage compressor capacity for heating exceeds the high-stage compressor capacity for cooling. Finally, the control feature that limits the number of heating mode capacity levels to two for any given PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 outdoor temperature must be accounted for. Accordingly, Hallowell requests that DOE grant a test procedure waiver for its Boosted Compression product designs, until a suitable test method can be prescribed. Furthermore, Hallowell states that failure to grant the waiver would result in economic hardship because it would prevent the company from marketing its Boosted Compression products. III. Application for Interim Waiver In addition to its Petition for Waiver, submitted on July 29, 2008 and revised on April 25, 2009, Hallowell submitted to DOE an Application for Interim Waiver. On May 29, 2009, Hallowell submitted a revised Petition for Waiver and Application for Interim Waiver containing information concerning the financial hardship and competitive disadvantage Hallowell is facing. Hallowell states that it is difficult to build sales volume and gain credibility when there are no standards to provide performance ratings for the equipment, which would entitle its customers to rebates, tax credits, and other incentives. Since the release of the Recovery Act with new criteria for energy efficiency tax rebates, business growth at Hallowell has diminished. Many of Hallowell’s dealers and distributors have submitted letters concerning the lack of sales of the Acadia system due lack of AHRI listing, and therefore no rebates available. Hallowell submitted an attachment of many dealer/distributor letters claiming these hardships. With sales down, Hallowell International has cut back on all research and development, development of new products and new manufacturing production that would enable the company to grow. In those instances where it appears likely the Petition for Waiver will be granted, based upon a product design that has characteristics which prevent testing according to the prescribed test procedure, it is in the public interest to allow products to be marketed that DOE believes are exceptionally energyefficient. Hallowell’s three-speed Boosted Compression heat pumps are capable of efficient operation at much lower temperatures than two-speed heat pumps (Hallowell measured a coefficient of performance of 2.1 at ¥15 °F), making them potentially very desirable for heating in cold climates. The alternate test procedure submitted by Hallowell is not radically different from the current DOE test procedure, which has provisions for heat pumps having a two-capacity compressor. The Hallowell alternate test procedure is a E:\FR\FM\02DEN1.SGM 02DEN1 Federal Register / Vol. 74, No. 230 / Wednesday, December 2, 2009 / Notices 63133 (3) Add section 3.6.6 to address the heating mode tests conducted on units having a triple-capacity compressor. 3.6.6 Tests for a heat pump having a triple-capacity compressor. Test triplecapacity, northern heat pumps for the heating mode as follows: a. Conduct one Maximum Temperature Test (H01), two High Temperature Tests (H12 and H11), two Frost Accumulation Tests (H22 and H21), three Low Temperature Tests (H31, H32, and H33), and one Minimum Temperature Test (H43). An alternative to conducting the H21 Frost ˙ Accumulation Test to determine Qhk=1 ˙ (35) and Ehk=1 (35) is to use the following equations to approximate this capacity and electrical power: logical extension of DOE’s two-capacity test method to cover Hallowell’s threecapacity compressor. The two (of three potential) active stages of heating capacity available for each bin temperature calculation will be based on Hallowell’s control logic. The HSPF algorithm will follow the algorithm in the DOE test procedure used for twocapacity heat pumps. Thus, DOE has determined that it is likely that Hallowell’s Petition for Waiver will be granted for its new Boosted Compression three-speed models. Therefore, DOE grants Hallowell’s application for Interim Waiver from testing of its Boosted Compression heat pump models. This granting of Interim Waiver may be modified at any time upon a determination that the factual basis underlying the application is incorrect. In evaluating the above equations, ˙ determine the quantities Qhk=1 (47) and ˙ Ehk=1 (47) from the H11 Test and evaluate them according to Section 3.7. ˙ Determine the quantities Qhk=1 (17) and ˙ Ehk=1 (17) from the H31 Test and evaluate them according to Section 3.10. If the manufacturer conducts the H21 Test, the option of using the above default equations is not forfeited. Use ˙ ˙ the paired values of Qhk=1 (35) and Ehk=1 (35) derived from conducting the H21 Frost Accumulation Test and evaluated as specified in section 3.9.1 or use the paired values calculated using the above default equations, whichever paired values contribute to a higher Region IV HSPF based on the DHRmin. Conducting a Frost Accumulation Test (H23) with the heat pump operating at its booster capacity is optional. If this optional test is not conducted, ˙ ˙ determine Qhk=3 (35) and Ehk=3 (35) using the following equations to approximate this capacity and electrical power: ˙ determine the quantities Qhk=3 (17) and ˙ Ehk=3 (17) from the H33 Test, and ˙ determine the quantities Qhk=3 (2) and ˙ Ehk=3 (2) from the H43 Test. Evaluate all six quantities according to Section 3.10. If the manufacturer conducts the H23 Test, the option of using the above default equations is not forfeited. Use ˙ ˙ the paired values of Qhk=3 (35) and Ehk=3 (35) derived from conducting the H23 Frost Accumulation Test and calculated as specified in section 3.9.1 or use the paired values calculated using the above default equations, whichever paired values contribute to a higher Region IV HSPF based on the DHRmin. IV. Alternate Test Procedure DOE plans to consider inclusion of the following waiver language in the Decision and Order for Hallowell’s Boosted Compression central air conditioning heat pumps models: (1) The ‘‘Petition for Waiver’’ filed by Hallowell is hereby granted as set forth in the paragraphs below. (2) Hallowell shall not be required to test or rate its Boosted Compression central air conditioning heat pumps products listed above in section III, on the basis of the currently applicable DOE test procedure, but shall be required to test and rate such products according to the alternate test procedure as set forth in paragraph (3). VerDate Nov<24>2008 18:28 Dec 01, 2009 Jkt 220001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\02DEN1.SGM 02DEN1 EN02DE09.037</GPH> EN02DE09.036</GPH> ˙ Determine the quantities Qhk=2 (47) ˙ and Ehk=2 (47) from the H12 Test and evaluate them according to Section 3.7. ˙ Determine the quantities Qhk=2 (35) and ˙ Ehk=2 (35) from the H22 Test and evaluate them according to Section ˙ 3.9.1. Determine the quantities Qhk=2 ˙ (17) and Ehk=2 (17) from the H32 Test, EN02DE09.035</GPH> mstockstill on DSKH9S0YB1PROD with NOTICES Where, 63134 Federal Register / Vol. 74, No. 230 / Wednesday, December 2, 2009 / Notices Table A specifies test conditions for all thirteen tests. TABLE A—HEATING MODE TEST CONDITIONS FOR UNITS HAVING A TRIPLE-CAPACITY COMPRESSOR Air entering indoor unit temperature (°F) Air entering outdoor unit temperature (°F) Test description Dry bulb H01 Test (required, steady). H12 Test (required, steady). H1C2 Test (optional, cyclic). H11 Test (required) .... H1C1 Test (optional, cyclic). H23 Test (optional, steady). H22 Test (required) .... H21 Test (5 6) (required). H32 Test (required, steady). H3C3 Test (optional, cyclic). H32 Test (required, steady). H31 Test 5 (required, steady). H43 Test (required, steady). Wet bulb (max) Dry bulb Compressor capacity Booster Heating air volume rate Wet bulb 70 60 62 56.5 Low .................... Off ...................... Heating Minimum 1 70 60 47 43 High ................... Off ...................... Heating Full-Load 2 70 60 47 43 High ................... Off ...................... (3) 70 70 60 60 47 47 43 43 Low .................... Low .................... Off ...................... Off ...................... Heating Minimum(1) (4) 70 60 35 33 High ................... On ...................... Heating Full-Load 2 70 70 60 60 35 35 33 33 High ................... Low .................... Off ...................... Off ...................... Heating Full-Load 2 Heating Minimum 1 70 60 17 15 High ................... On ...................... Heating Full-Load 2 70 60 17 15 High ................... On ...................... (7) 70 60 17 15 High ................... Off ...................... Heating Full-Load 2 70 60 17 15 Low .................... Off ...................... Heating Minimum 1 70 60 0 ¥2 High ................... On ...................... Heating Full-Load 2 1 Defined in section 3.1.4.5. in section 3.1.4.4. the airflow nozzle(s) static pressure difference or velocity pressure during the ON period at the same pressure or velocity as measured during the H12 Test. 4 Maintain the airflow nozzle(s) static pressure difference or velocity pressure during the ON period at the same pressure or velocity as measured during the H11 Test. 5 Required only if the heat pump’s performance when operating at low compressor capacity and outdoor temperatures less than 37 °F is needed to complete the section 4.2.6 HSPF calculations. 6 If table note #5 applies, the section 3.6.3 equations for Q k=1 (35) and E k=1 (17) may be used in lieu of conducting the H2 Test. ˙h ˙h 1 7 Maintain the airflow nozzle(s) static pressure difference or velocity pressure during the ON period at the same pressure or velocity measured during the H33 Test. 2 Defined 3 Maintain mstockstill on DSKH9S0YB1PROD with NOTICES Section 4.2.3 of Appendix M shall be revised to read as follows: 4.2.3. Additional steps for calculating the HSPF of a heat pump having a triple-capacity compressor. * * * VerDate Nov<24>2008 18:28 Dec 01, 2009 Jkt 220001 a. Evaluate the space heating capacity and electrical power consumption of the heat pump at outdoor temperature Tj and with a first stage call from the PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 thermostat (k=1), and with a second stage call from the thermostat (k=2) using: BILLING CODE 6450–01–P E:\FR\FM\02DEN1.SGM 02DEN1 BILLING CODE 6450–01–C V. Summary and Request for Comments Through today’s notice, DOE grants Hallowell’s Petition for Interim Waiver VerDate Nov<24>2008 18:28 Dec 01, 2009 Jkt 220001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 63135 and announces receipt of Hallowell’s Petition for Waiver from the test procedures applicable to Hallowell’s Boosted Compression there-speed heat E:\FR\FM\02DEN1.SGM 02DEN1 EN02DE09.021</GPH> mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 74, No. 230 / Wednesday, December 2, 2009 / Notices 63136 Federal Register / Vol. 74, No. 230 / Wednesday, December 2, 2009 / Notices pump products. As part of this notice, DOE is publishing Hallowell’s Petition for Waiver in its entirety. The Petition includes a suggested alternate test procedure and calculation methodology to determine the energy consumption of Hallowell’s specified heat pumps with Boosted Compression technology. The Petition contains no confidential information. DOE is interested in receiving comments on the issues addressed in this notice. Pursuant to 10 CFR 430.27(d), any person submitting written comments must also send a copy of such comments to the petitioner, whose contact information is included in the ADDRESSES section above. Issued in Washington, DC, on November 23, 2009. Cathy Zoi, Assistant Secretary, Energy Efficiency and Renewable Energy. mstockstill on DSKH9S0YB1PROD with NOTICES To: Michael Raymond, Department of Energy From: Joseph M Gross, Hallowell International Subject: Petition to waive CFR (Code of Federal Regulations) Part 430 performance ratings for ACADIA Combined Heating and Cooling System. Date: April 25, 2009 CC: American Heating and Refrigeration Institute Assistant Secretary for Energy Efficiency and Renewable Energy To whom it may concern, Hallowell International manufactures and markets air source heat pump equipment featuring a patented technology known as Boosted Compression. This technology greatly enhances the cold temperature performance of an air source heat pump, enabling the equipment to remain effective in heating operation at temperatures as cold as –30°F without the need for any form of supplemental heat. The physical nature of this technology, as well as the control by which it is operated, eliminates the possibility of testing under the existing 210/240–2008 standard for unitary air source heat pump equipment, following Appendix M to Subpart B of CFR Part 430, as has been confirmed by engineering at ETL Semko, and engineering at AHRI. The current standard covers 1 and 2 speed systems. Boosted Compression effectively introduces 3 speed technologies to the marketplace, yet operates similar to a 1 or 2 stage system at any given temperature condition. This letter will discuss the mechanical and functional details of the equipment, define how the normal operation makes testing under current standards irrelevant, and describe what operating specifics should be validated to show the true operating benefits of the equipment. A suggestion for modifications to existing standards is also included, as well as an interim request for a temporary test waiver. Because of the large amount of effort and financial resources that have been expended on testing under current standards, Hallowell International requests to be considered in two stages. The first and most immediate stage is for consideration is to be given for a waiver, declaring the equipment outside of any test standard and relieving the equipment temporarily from the requirement. The second stage is to consider Hallowell International’s suggestions for small modifications to the existing CFR Part 430 standard, or for a waiver offering an alternate test method to AHRI. The recommended test method will define the addition of 3 speed systems to the standard, and suggest how these systems may be modeled similarly to 1 and 2 speed systems. Affected Models The Hallowell International model group has seven specific models that are currently, or were previously, available on the market: 1. ACADIA024 2. ACADIA036 3. ACADIA048 4. 36C35H 5. 42C46H 6. ACHP03642 7. ACHP02431 The model group is covered under the following trade names: 1. All Climate Heat Pump 2. ACHP 3. Acadia Combined Heating and Cooling System 4. Acadia System 5. Acadia Heat Pump 6. Acadia 7. Hallowell ACADIA 8. Hallowell All Climate Heat Pump 9. Hallowell ACHP 10. Hallowell Acadia Combined Heating and Cooling System 11. Hallowell Heat Pump 12. Boosted Compression Heat Pump 13. Opti-Cycle Heat Pump Mechanical and Functional Details of Boosted Compression The model group to be considered for a Department of Energy waiver falls under the system classification HRCU–A–CB, where a heat pump system is comprised of two primary components; the outdoor condensing unit with an outdoor coil and compressors which is mated to an indoor coil with a fan. The model was designed as a ‘‘Two Speed’’ system whereby the definitions of ‘‘Two Speed’’ systems from section 3.16 of the 210/ 240–2008 Standard were considered within the scope of the design. Boosted Compression equipment is comprised of two compressors paired in series. The first compressor, the Primary compressor, is able to modulate between half capacity and full capacity by reversing rotation of the crank shaft and mechanically eliminating the motion of one of the two internal pistons for half capacity operation. The Primary compressor functions for heating operation and for cooling operation. A second compressor, the Booster compressor, is a fixed speed, fixed capacity compressor that is used at cold ambient outdoor conditions to increase the mass flow rate of refrigerant through the system and increase the low temperature performance by a process of supercharging the refrigeration cycle. This compressor is used exclusively in heating operation at and below 25 °F, and does not operate during, or affect air conditioning operation or performance. The following covers the definition from the 210/240–2008 Standard (CFR Part 430, Appendix M, section 1.43), at a very basic level, how this system was thought to be acceptable for ‘‘Two Speed’’ testing. 3.16 Two-capacity (or Two-stage) Compressor. An air conditioner or heat pump that has one of the following: c. Two compressors where one compressor (Compressor #1) operates at low loads and both compressors (Compressors #1 and #2) operate at high loads but Compressor #2 never operates alone For such systems, low capacity means: c. Operating Compressor #1, or d. Operating with the compressor unloading (e.g., operating one piston of a two-piston reciprocating compressor, using a fixed fractional volume of the full scroll, etc.). For such systems, high capacity means: c. Operating Compressors #1 and #2. A Boosted Compression system stages between a high and a low capacity throughout the systems’ operating envelope much like traditional 2 speed systems. The system brings on higher capacities to satisfy larger loads, typically as a function of a call for higher capacity from a thermostat. In this system there are 4 heating capacities and 2 cooling capacities. At any given temperature point of operation, there are only 2 capacities available from the system, which stage based on outdoor air temperature and the heating or cooling call from the thermostat. The table below illustrates the algorithm of staging as utilized in the control for Boosted Compression equipment. Heating call at thermostat BIN A ODT¥30 BIN B ¥30 ≤ ODT < 15 BIN C 15 ≤ ODT < 25 BIN D 25 ≤ ODT < 34 BIN E 34 ≤ ODT < 41 BIN F 41 ≤ ODT < 62 Y1 ...................................................................... Y2 ...................................................................... W1 ........... W1 ........... M3 ............ M4 ............ M2 ........... M3 ........... M2 ........... M2+W1 .... M2 ............ M2 ........... M1 ........... M2 ............ Where: W1: Auxiliary heat control output VerDate Nov<24>2008 18:28 Dec 01, 2009 Jkt 220001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 BIN G 62 ≤ ODT M1 M1 M1: Single cylinder operation, half capacity E:\FR\FM\02DEN1.SGM 02DEN1 Federal Register / Vol. 74, No. 230 / Wednesday, December 2, 2009 / Notices 63137 As the table above illustrates, at any given outdoor temperature condition, a Boosted Compression system operates with a maximum of two capacities, using 2 of the 3 modes of heating (4 modes including 1st stage resistance) depending on what the ambient temperature is at the current time of operation. The graph below shows more accurately how a Boosted Compression system can be used as a two stage system, but how the outdoor temperature conditions affect which of the two out of four modes of operation will make up the two capacities for said condition. The graph only shows Modes 1–3, showing vapor cycle operation only. The graph shows how at any given temperature BIN, the Acadia only utilizes a maximum of 2 out of its 3 stages of vapor cycle. In fact, in BINs G (not shown), E, D, and B, the Acadia acts like a single stage system, utilizing only one mode in these BINs. A typical two speed heat pump would, if using the Boosted Compression terminology to define operation, only have M1, M2, and M2 + W1 available for system operation. Boosted Compression adds a 3rd stage of compression to the vapor cycle with the Booster Compressor and an Economizer. This third stage effectively doubles the capacity of the heat pump without a degradation of the Coefficient of Performance at lower ambient conditions. The System is further able to add supplemental or auxiliary heat much like conventional 1 and 2 speed systems for occasions where the vapor cycle alone is unable to maintain the conditioned space. The following charts illustrate and provide distinction for the differences in Boosted Compression 3 speed systems and standard two speed systems. The charts reflect vapor cycle performance only. From these it is clear that Boosted Compression is effectively a 3 speed, or 3 capacity system, and as such will be the foundation for our recommendation to create a standard for 3 speed equipment as a modification to the existing 210/240–2008 Standard. Important characteristics to note when comparing the two systems: 1. Capacities at low ambient outdoor conditions 2. Capacity as a function of outdoor temperature 3. Coefficient of performance at low ambient conditions 4. Coefficient of performance relative to system capacity 5. Linear performance of standard systems relative to outdoor temperature 6. Staged performance of 3 speed technology relative to outdoor temperature 7. Charts reflect Maximum Vapor Cycle Capacity and do not include lower speeds at similar outdoor temperatures VerDate Nov<24>2008 18:28 Dec 01, 2009 Jkt 220001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 BILLING CODE 6450–01–P E:\FR\FM\02DEN1.SGM 02DEN1 EN02DE09.022</GPH> mstockstill on DSKH9S0YB1PROD with NOTICES of Primary Compressor, heating and cooling M2: Two cylinder operation, Full capacity of Primary Compressor, heating and cooling M3: M2 + Booster Compressor + Economizer operation, heating only M4: M3 + W1 63138 mstockstill on DSKH9S0YB1PROD with NOTICES BILLING CODE 6450–01–C Restrictions of Current 210/240–2008 Standard The current 210/240 standard provides an excellent template for the evolution of a 3 speed standard. The restrictions of 2 speed testing for the 3 speed unit are comprised of the following: 1. The expectation that the equipment will follow a linear performance trend and as such can be modeled linearly VerDate Nov<24>2008 18:28 Dec 01, 2009 Jkt 220001 2. Operating condition tests are restricted to 62 °F, 47 °F, 35 °F, and 17 °F. This will not collect enough operating characteristics to create an accurate trend, and does not consider advantages of 3 speed equipment at cold temperatures. 3. If the 3 speed system provides 3 speeds of heating, or cooling, how will equipment with different numbers of speeds for both, such as 3 for heating and 2 for cooling be considered? PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 4. Heating Seasonal Performance Factor is calculated from a linear interpolation of system performance along with other factors considering defrosts and cycling penalties. A linear trend cannot be created based on Boosted Compression performance characteristics and erroneous HSPF numbers result. This is easily identified as interpolated capacities trend towards infinite values as outdoor temperature bins get colder, and moderate temperature operation is very low where the two trends meet at an E:\FR\FM\02DEN1.SGM 02DEN1 EN02DE09.023</GPH> Federal Register / Vol. 74, No. 230 / Wednesday, December 2, 2009 / Notices 63139 Federal Register / Vol. 74, No. 230 / Wednesday, December 2, 2009 / Notices apex. Note the quotation from AHRI representatives below: Quote from an e-mail dated 7/18/08 from Ms. Sarah Medepalli, the Certification Engineer assigned to Hallowell International at AHRI. ‘‘The main problem is that 210/240 linearly interpolates to capture the effect of varying outdoor temperature. As such, the lab testing is set up so that the unit’s configuration is exactly the same for multiple outdoor conditions. The Hallowell unit, for example, appears to use a different system configuration for the high compressor capacity tests at 47 °F and 17 °F (and maybe 35 °F too). The Hallowell unit would require extra test points and the algorithm used to calculate HSPF would have to be modified to create a more accurate performance map as opposed to the approach of just blindly applying the current 210/240 algorithm for two-capacity heat pumps.’’ The following graph illustrates how a Boosted Compression system cannot be modeled correctly using the 210/240 (CFR Part 430, Appendix M) 2 speed standard for calculating Qhk-1, Qhk-2, Ehk-1 and Ehk-2, covered in section 4.2.3.a (Qhk-1, Qhk-2 and the BL(Tj) are graphed on the chart below). The graph shows a Boosted Compression system’s Qhk-1, Qhk-2 and the load line for Minimum HSPF in region IV, where QH1 = Qhk-1 and QH2 = Qhk-2. As can be seen in this Illustration, when a Boosted Compression system’s heating capacities are interpolated with the 210/240 (CFR Part 430, Appendix M) algorithm, the stages do not represent how any heat pump system can physically operate, showing Qhk-2 increasing infinitely as the outdoor temperature conditions drop. The data taken to create this graph was taken directly from ETL’s HSPF calculation tables for our 3 Ton system, ARI document # USHP–08315–Q–1. The 210/240–2008 Standard currently accurately covers the 2 speed air conditioning performance of Boosted Compression, since the Booster Compressor is not allowed to operate in cooling mode, effectively making the system a standard two speed air conditioner. 1. Additional test points of heating performance, in addition to 62 °F, 47 °F, 35 °F and 17 °F, should be added to account for increased cold temperature performance. The following table illustrates current tests and new tests required to interpolate a 3 stage heat pump under AHRI 210/240 2 speed system standard, where the H62 test would be a new test condition requirement. Recommendations for Modification of Current CFR Part 430 Standard, or Interim Alternate Testing Method for Immediate Consideration The following recommendations for testing of a ‘‘3 Speed Heat Pump’’ are hereby submitted: IDU entering air °Fdb Heating test H01 H11 H21 H31 H32 H62 .......................................................................................... .......................................................................................... .......................................................................................... .......................................................................................... .......................................................................................... .......................................................................................... IDU entering air °Fwb 70 70 70 70 70 70 ODU entering air °Fdb ODU entering air °Fwb 62 47 35 17 17 0 56.5 43 33 15 15 ¥2 60 60 60 60 60 60 System speed Low Low Low Low High High EN02DE09.025</GPH> VerDate Nov<24>2008 18:28 Dec 01, 2009 Jkt 220001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4725 E:\FR\FM\02DEN1.SGM 02DEN1 EN02DE09.024</GPH> mstockstill on DSKH9S0YB1PROD with NOTICES 2. From the CFR Part 430 standard the following equation is defined for HSPF, 63140 Federal Register / Vol. 74, No. 230 / Wednesday, December 2, 2009 / Notices The following equations are compatible with Boosted Compression and continue with a similar methodology to the current standards. BILLING CODE 6450–01–C consumption (Ehk), the following graph can be achieved from entering data into the CFR Part 430 standard for calculating HSPF on a 2 speed heat pump system, and plotting With these algorithms used to interpolate capacity (Qhk) and electrical energy VerDate Nov<24>2008 18:28 Dec 01, 2009 Jkt 220001 In section 4.2.3, the evaluation of heating capacity (Qhk) and electrical energy consumption (Ehk) could be defined by the following performance slope equations: BILLING CODE 6450–01–P PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 Qhk=1, Qhk=2 and the BL(Tj) vs. the temperature BIN temperature (Tj), where QH1 = Qhk-1 and QH2 = Qhk-2. E:\FR\FM\02DEN1.SGM 02DEN1 EN02DE09.026</GPH> mstockstill on DSKH9S0YB1PROD with NOTICES where the design heating requirement, DHR, as defined in section 4.2, is calculated from the 47° test point. This equation will continue to hold true for 3 speed HSPF calculation. Federal Register / Vol. 74, No. 230 / Wednesday, December 2, 2009 / Notices 63141 The graph below highlights the modes of operation from the graph above for clarity. We, the representatives of Hallowell International, wish to encourage the Department of Energy to consider quick action in amending the current CFR Part 430 testing specifications to include 3-speed equipment. Hallowell, as a manufacturer, relies on third party performance testing and verification of performance from AHRI against competitive equipment to gain traction in the marketplace. Since AHRI adopts their 210/240 standard from CFR Part 430, changes made to the CFR will carry through to AHRI, allowing Hallowell systems to be fairly listed on the directory with other competitive heat pump systems. We believe that our equipment brings great advancement to the HVAC industry and provides a unique alternative to fossil fuels in today’s changing energy climate. It is difficult to build sales volume and gain the credibility, required as an OEM, when there are no standards to provide performance ratings for the equipment, which would entitle our customers to rebates, tax credits, or other incentives. We hope that a temporary waiver will be granted acknowledging that our three speed product is not covered by a current standard. We further hope that an amendment to the existing standards will be considered, or an alternate test procedure waiver will be considered, as 3-speed equipment does not need to have an entirely new process to be considered and implemented. If there are any questions or concerns about the equipment please do not hesitate to contact us directly. We will freely share information about Boosted Compression such that your requirements and due diligence will be satisfied in this matter. Please direct all correspondence with Hallowell International to: Joseph M Gross Design Engineer Hallowell International VerDate Nov<24>2008 18:28 Dec 01, 2009 Jkt 220001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\02DEN1.SGM 02DEN1 EN02DE09.028</GPH> these new algorithms accurately portray a Boosted Compression system’s vapor cycle. EN02DE09.027</GPH> mstockstill on DSKH9S0YB1PROD with NOTICES It can easily be seen, when comparing this graph to the one outlining the modes of operation in different temperature BINs that 63142 Federal Register / Vol. 74, No. 230 / Wednesday, December 2, 2009 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES Phone: 207 990 5600 Extension 121 Fax: 207 990 5602 E-mail: JGross@gotohallowell.com electronically or in paper format. Those persons filing electronically do not need to make a paper filing. Documents filed electronically via the Internet must be Signed, prepared in an acceptable filing format Duane A. Hallowell, and in compliance with the Federal President and CEO Energy Regulatory Commission Date: lllllllllllllllllllll submission guidelines. Complete filing instructions and acceptable filing Joseph M Gross, formats are available at https:// Design Engineer www.ferc.gov/help/submission-guide/ Date: lllllllllllllllllllll electronic-media.asp. To file the document electronically, access the [FR Doc. E9–28694 Filed 12–1–09; 8:45 am] Commission’s Web site and click on BILLING CODE 6450–01–P Documents & Filing, E–Filing (https:// www.ferc.gov/docs-filing/efiling.asp), and then follow the instructions for DEPARTMENT OF ENERGY each screen. First-time users will have to establish a user name and password. Federal Energy Regulatory The Commission will send an automatic Commission acknowledgement to the sender’s e-mail [Docket No. IC09–715–001] address upon receipt of comments. For paper filings, an original and 2 Commission Information Collection copies of the comments should be Activities (FERC–715); Comment submitted to the Federal Energy Request; Submitted for OMB Review Regulatory Commission, Secretary of the Commission, 888 First Street, NE., November 23, 2009. Washington, DC 20426, and should refer AGENCY: Federal Energy Regulatory to Docket No. IC09–715–001. Commission. All comments may be viewed, printed ACTION: Notice. or downloaded remotely via the Internet through FERC’s homepage using the SUMMARY: In compliance with the ‘‘eLibrary’’ link. For user assistance, requirements of section 3507 of the contact fercolinesupport@ferc.gov or Paperwork Reduction Act of 1995, 44 toll-free at (866) 208–3676 or for TTY, U.S.C. 3507, the Federal Energy Regulatory Commission (Commission or contact (202) 502–8659. FERC) has submitted the information FOR FURTHER INFORMATION CONTACT: collection described below to the Office Ellen Brown may be reached by of Management and Budget (OMB) for telephone at (202) 502–8663, by fax at review of the information collection (202) 273–0873, and by e-mail at requirements. Any interested person ellen.brown@ferc.gov. may file comments directly with OMB SUPPLEMENTARY INFORMATION: The and should address a copy of those FERC–715 (‘‘Annual Transmission comments to the Commission as Planning and Evaluation Report,’’ OMB explained below. The Commission Control No. 1902–0171) is a mandatory received one comment in response to filing described at 18 CFR 141.300. The the Federal Register notice (74FR47566, FERC–715 must be submitted by each 9/16/2009). FERC has summarized and transmitting utility that operates addressed the commenter’s suggestions integrated (that is, non-radial) below and in its submission to OMB. transmission facilities at or above 100 DATES: Comments on the collection of kilovolts. [An overview and current information are due by January 4, 2010. instructions for filing the FERC–715 are ADDRESSES: Address comments on the posted on the FERC Web site at: collection of information to the Office of https://www.ferc.gov/docs-filing/eforms/ Management and Budget, Office of form-715/instructions.asp.] Section 213 (b) of the Federal Power Information and Regulatory Affairs, Act (FPA), as amended by the Energy Attention: Federal Energy Regulatory Commission Desk Officer. Comments to Policy Act of 1992, requires FERC to collect, annually from transmitting OMB should be filed electronically, c/o utilities, sufficient information about oira__submission@omb.eop.gov and their transmission systems to inform include OMB Control Number 1902– potential transmission customers, state 0171 as a point of reference. The Desk regulatory authorities, and the public, of Officer may be reached by telephone at 202–395–4638. A copy of the comments available transmission capacity and constraints. FERC–715 also supports the should also be sent to the Federal Commission’s expanded responsibilities Energy Regulatory Commission and under Sections 211, 212, 213(a), 304, should refer to Docket No. IC09–715– 307(a), 309, and 311 of the FPA, as 001. Comments may be filed either VerDate Nov<24>2008 18:28 Dec 01, 2009 Jkt 220001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 amended, for reviewing reliability issues, market structure relationships, and in rate and other regulatory proceedings. A summary of the comment filed, FERC’s response, and proposed changes to the requirements follow. a. Comment: FERC Order No. 890 now requires regional transmission planning processes. We suggest that respondents be allowed to refer to Attachment K information already available on Regional Planning Web sites. FERC response: Respondents are already encouraged to incorporate references to readily available information when preparing their FERC–715 submissions. External information is most often used in Part IV, Transmission Planning Reliability Criteria. However, Order No. 890 does not require utilities to file power flow data or maps with the Commission or otherwise make this data available. Therefore, FERC–715 is the only source for these items. b. Comment: The commenter suggests FERC should allow filing via the Internet, as well as on CDs, DVDs, diskettes, or in hard copy. FERC response: The Commission agrees that Internet filing has the potential to reduce the burden to industry. Respondents are already given the option of filing via the Internet (through eFiling), if the submission can be completed using acceptable file formats. Filings may also be made on CD or DVD. The option of using diskettes is being eliminated, however, due to advances in technology and file sizes being too large for the medium. c. Comment: The commenter suggests that a list of changes be provided when the FERC–715 instructions are updated. FERC response: FERC agrees and will provide this information to respondents beginning with the 2010 filing. d. Comment: Certain parts of FERC– 715 need only be updated when information changes from previous filings. The commenter suggests that respondents be required to report the last filing date of information that is unchanged. FERC response: FERC agrees and will incorporate this requirement into the FERC–715 instructions. To reduce the burden on industry, if this date is prior to the 2010 filing deadline, Respondents need only state that the previous filing was ‘‘prior to the 2010 filing.’’ e. Comment: FERC–715 responses are considered Critical Energy Infrastructure Information (CEII), and parties requesting access to this data must be vetted and approved by FERC. These parties may also request CEII directly from FERC–715 respondents. E:\FR\FM\02DEN1.SGM 02DEN1

Agencies

[Federal Register Volume 74, Number 230 (Wednesday, December 2, 2009)]
[Notices]
[Pages 63131-63142]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28694]


=======================================================================
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DEPARTMENT OF ENERGY

[Case No. CAC-022]


Energy Conservation Program for Consumer Products: Publication of 
the Petition for Waiver and Granting the Application for Interim Waiver 
of Hallowell International From the Department of Energy Residential 
Central Air Conditioner and Heat Pump Test Procedure

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of Petition for Waiver, Granting an Application for 
Interim Waiver, and request for public comments.

-----------------------------------------------------------------------

SUMMARY: This notice announces receipt of and publishes the Hallowell 
International (Hallowell) Petition for Waiver (hereafter, ``Petition'') 
from the U.S. Department of Energy (DOE) test procedure for determining 
the energy consumption of residential central air conditioners and heat 
pumps for certain specified equipment. The waiver request pertains to 
Hallowell's Boosted Compression heat pumps, a product line that uses 
three-stage technology to enable efficient heating at very low outdoor 
temperatures. The existing test procedure accounts for two-capacity 
compressors, but not three-capacity operation. Therefore, Hallowell has 
suggested an alternate test procedure to calculate the heating 
performance of its three-stage Boosted Compression products. DOE is 
soliciting comments, data, and information concerning Hallowell's 
Petition and the suggested alternate test procedure. DOE is also 
granting an interim waiver to Hallowell.

DATES: DOE will accept comments, data, and information with respect to 
the Hallowell Petition until, but no later than January 4, 2010.

ADDRESSES: You may submit comments, identified by case number [CAC-
022], by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: AS_Waiver_Requests@ee.doe.gov. Include either 
the case number [CAC-022], and/or ``Hallowell Petition'' in the subject 
line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, Petition for Waiver Case 
No. RF-008, 1000 Independence Avenue, SW., Washington, DC 20585-0121. 
Telephone: (202) 586-2945. Please submit one signed original paper 
copy.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., 
Suite 600, Washington, DC 20024. Please submit one signed original 
paper copy.
    Instructions: All submissions received must include the agency name 
and case number for this proceeding. Submit electronic comments in 
WordPerfect, Microsoft Word, Portable Document Format (PDF), or text 
(American Standard Code for Information Interchange (ASCII)) file 
format, and avoid the use of special characters or any form of 
encryption. Wherever possible, include the electronic signature of the 
author. DOE does not accept telefacsimiles (faxes).
    Any person submitting written comments must also send a copy of 
such comments to the petitioner, pursuant to 10 CFR 430.27(d). The 
contact information for the petitioner is: Mr. Joseph M. Gross, Design 
Engineer, Hallowell International, 110 Hildreth Street, Bangor, ME 
04401. Telephone: (207) 990-5600 x121. E-mail: 
jgross@gotohallowell.com.
    According to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies: one copy of the document including 
all the information believed to be confidential, and one copy of the 
document with the information believed to be confidential deleted. DOE 
will make its own determination about the confidential status of the 
information and treat it according to its determination.
    Docket: For access to the docket to review the background documents 
relevant to this matter, you may visit the U.S. Department of Energy, 
950 L'Enfant Plaza, SW., (Resource Room of the Building Technologies 
Program), Washington, DC 20024; (202) 586-2945, between 9 a.m. and 4 
p.m., Monday through Friday, except Federal holidays. Available 
documents include the following items: (1) This notice; (2) public 
comments received; (3) the Petition for Waiver and Application for 
Interim Waiver; and (4) prior DOE rulemakings regarding similar central 
air conditioning and heat pump equipment. Please call Ms. Brenda 
Edwards at the above telephone number for additional information 
regarding visiting the Resource Room.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mail Stop EE-2J, 
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 
20585-0121. Telephone: (202) 586-9611. E-mail: 
Michael.Raymond@ee.doe.gov.
    Francine Pinto or Eric Stas, U.S. Department of Energy, Office of 
the General Counsel, Mail Stop GC-72, Forrestal Building, 1000 
Independence Avenue, SW., Washington, DC 20585-0103. Telephone: (202) 
586-9507. E-mail: Francine.Pinto@hq.doe.gov or Eric.Stas@hq.doe.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background and Authority
II. Petition for Waiver
III. Application for Interim Waiver
IV. Alternate Test Procedure
V. Summary and Request for Comments
VI.

I. Background and Authority

    Title III of the Energy Policy and Conservation Act (EPCA) sets 
forth a variety of provisions concerning energy efficiency. Part A of 
Title III establishes the Energy Conservation Program for Consumer 
Products Other Than Automobiles.\1\ (42 U.S.C. 6291-6309) This notice 
involves residential products under Part A, and EPCA specifically 
includes definitions, test procedures, labeling provisions, energy 
conservation standards, and the authority to require information and 
reports from manufacturers.
---------------------------------------------------------------------------

    \1\ These two parts were originally titled Parts B and C, but 
were redesignated as Parts A and A-1 in the United States Code for 
editorial reasons.
---------------------------------------------------------------------------

    With respect to test procedures, Part A generally authorizes the 
Secretary of Energy (the Secretary) to prescribe test procedures that 
are reasonably designed to produce results which reflect energy 
efficiency, energy use, and estimated annual operating costs, and that 
are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))

[[Page 63132]]

    Relevant to the current Petition for Waiver, the test procedures 
for residential central air conditioners and central air conditioning 
heat pumps are set forth in 10 CFR Part 430, subpart B, appendix M. 
Section 323 of EPCA provides that the Secretary of Energy may amend 
test procedures for consumer products if the Secretary determines that 
amended test procedures would more accurately reflect energy 
efficiency, energy use or estimated annual operating costs, and are not 
unduly burdensome to conduct. (42 U.S.C. 6293(b)(1)(A) and (b)(3))
    DOE's regulations contain provisions allowing a person to seek a 
waiver from the test procedure requirements for covered products, for 
which the petitioner's basic model contains one or more design 
characteristics that prevent testing according to the prescribed test 
procedures, or when the prescribed test procedures may evaluate the 
basic model in a manner so unrepresentative of its true energy 
consumption as to provide materially inaccurate comparative data. 10 
CFR 430.27(a)(1). Petitioners must include in their petition any 
alternate test procedures known to evaluate the basic model in a manner 
representative of its energy consumption. 10 CFR 430.27(b)(1)(iii). The 
Assistant Secretary for Energy Efficiency and Renewable Energy (the 
Assistant Secretary) may grant the waiver subject to conditions, 
including adherence to alternate test procedures. 10 CFR 430.27(l). 
Within 1 year of granting the waiver, DOE must publish in the Federal 
Register a notice of proposed rulemaking to amend its regulations so as 
to eliminate any need for the continuation of such waiver. As soon 
thereafter as practicable, the Department of Energy must publish in the 
Federal Register a final rule. The waiver will terminate on the 
effective date of such final rule. 10 CFR 430.27(m).
    The waiver process also permits parties petitioning DOE for a 
waiver to apply for an Interim Waiver from the prescribed test 
procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary 
will grant an Interim Waiver request if it is determined that the 
applicant will experience economic hardship if the Interim Waiver is 
denied, if it appears likely that the Petition for Waiver will be 
granted, and/or the Assistant Secretary determines that it would be 
desirable for public policy reasons to grant immediate relief pending a 
determination on the Petition for Waiver. 10 CFR 430.27(g). An Interim 
Waiver remains in effect for a period of 180 days or until DOE issues 
its determination on the Petition for Waiver, whichever is sooner, and 
may be extended for an additional 180 days, if necessary. 10 CFR 
430.27(h).

II. Petition for Waiver

    On July 29, 2008, Hallowell filed a Petition for Waiver from the 
test procedures applicable to residential air conditioning and heating 
equipment and an Application for Interim Waiver. The applicable test 
procedure for Hallowell's residential Boosted Compression products is 
the DOE residential test procedure found in 10 CFR Part 430, Subpart B, 
Appendix M. Hallowell included an alternate test procedure in its July 
29, 2008, submittal, but the alternate procedure was incomplete. On 
April 25, 2009, Hallowell submitted the revised petition and alternate 
test procedure included in this Federal Register notice.
    Hallowell seeks a waiver from the DOE test procedures on the 
grounds that its Boosted Compression heat pump systems contain design 
characteristics that prevent testing according to the current DOE test 
procedure. The DOE test procedure covers systems with a single speed, 
with two steps or stages of modulation, and with continuous modulation 
over a finite range through the incorporation of a variable-speed or 
digital compressor. Hallowell's product deviates from the anticipated 
form--a system whose performance falls between that of a two-capacity 
system and a conventional variable-capacity system--because the three-
capacity capability is limited to heating mode operation. Moreover, the 
additional stage of heating capacity is specifically used at the lowest 
outdoor temperatures with the aim of maximizing the total heating 
contributed by the heat pump relative to the total heating supplied by 
the auxiliary heat source (usually electric resistance). Another unique 
feature of Hallowell's low-temperature heat pump system is that for any 
given outdoor temperature, only two-stages of heating are permitted; 
one stage is always locked out.
    Rating Hallowell's Boosted Compression products will require 
modified calculation algorithms and testing at an additional, lower 
temperature to capture the effect on both capacity and power of the 
additional stage/level of heating operation. The building load assigned 
within
    HSPF calculations requires evaluation based on the case where high-
stage compressor capacity for heating exceeds the high-stage compressor 
capacity for cooling. Finally, the control feature that limits the 
number of heating mode capacity levels to two for any given outdoor 
temperature must be accounted for.
    Accordingly, Hallowell requests that DOE grant a test procedure 
waiver for its Boosted Compression product designs, until a suitable 
test method can be prescribed. Furthermore, Hallowell states that 
failure to grant the waiver would result in economic hardship because 
it would prevent the company from marketing its Boosted Compression 
products.

III. Application for Interim Waiver

    In addition to its Petition for Waiver, submitted on July 29, 2008 
and revised on April 25, 2009, Hallowell submitted to DOE an 
Application for Interim Waiver. On May 29, 2009, Hallowell submitted a 
revised Petition for Waiver and Application for Interim Waiver 
containing information concerning the financial hardship and 
competitive disadvantage Hallowell is facing. Hallowell states that it 
is difficult to build sales volume and gain credibility when there are 
no standards to provide performance ratings for the equipment, which 
would entitle its customers to rebates, tax credits, and other 
incentives. Since the release of the Recovery Act with new criteria for 
energy efficiency tax rebates, business growth at Hallowell has 
diminished. Many of Hallowell's dealers and distributors have submitted 
letters concerning the lack of sales of the Acadia system due lack of 
AHRI listing, and therefore no rebates available. Hallowell submitted 
an attachment of many dealer/distributor letters claiming these 
hardships. With sales down, Hallowell International has cut back on all 
research and development, development of new products and new 
manufacturing production that would enable the company to grow.
    In those instances where it appears likely the Petition for Waiver 
will be granted, based upon a product design that has characteristics 
which prevent testing according to the prescribed test procedure, it is 
in the public interest to allow products to be marketed that DOE 
believes are exceptionally energy-efficient. Hallowell's three-speed 
Boosted Compression heat pumps are capable of efficient operation at 
much lower temperatures than two-speed heat pumps (Hallowell measured a 
coefficient of performance of 2.1 at -15 [deg]F), making them 
potentially very desirable for heating in cold climates. The alternate 
test procedure submitted by Hallowell is not radically different from 
the current DOE test procedure, which has provisions for heat pumps 
having a two-capacity compressor. The Hallowell alternate test 
procedure is a

[[Page 63133]]

logical extension of DOE's two-capacity test method to cover 
Hallowell's three-capacity compressor. The two (of three potential) 
active stages of heating capacity available for each bin temperature 
calculation will be based on Hallowell's control logic. The HSPF 
algorithm will follow the algorithm in the DOE test procedure used for 
two-capacity heat pumps. Thus, DOE has determined that it is likely 
that Hallowell's Petition for Waiver will be granted for its new 
Boosted Compression three-speed models.
    Therefore, DOE grants Hallowell's application for Interim Waiver 
from testing of its Boosted Compression heat pump models. This granting 
of Interim Waiver may be modified at any time upon a determination that 
the factual basis underlying the application is incorrect.

IV. Alternate Test Procedure

    DOE plans to consider inclusion of the following waiver language in 
the Decision and Order for Hallowell's Boosted Compression central air 
conditioning heat pumps models:
    (1) The ``Petition for Waiver'' filed by Hallowell is hereby 
granted as set forth in the paragraphs below.
    (2) Hallowell shall not be required to test or rate its Boosted 
Compression central air conditioning heat pumps products listed above 
in section III, on the basis of the currently applicable DOE test 
procedure, but shall be required to test and rate such products 
according to the alternate test procedure as set forth in paragraph 
(3).
    (3) Add section 3.6.6 to address the heating mode tests conducted 
on units having a triple-capacity compressor.
    3.6.6 Tests for a heat pump having a triple-capacity compressor. 
Test triple-capacity, northern heat pumps for the heating mode as 
follows:
    a. Conduct one Maximum Temperature Test (H01), two High Temperature 
Tests (H12 and H11), two Frost Accumulation Tests (H22 and H21), three 
Low Temperature Tests (H31, H32, and H33), and one Minimum Temperature 
Test (H43). An alternative to conducting the H21 Frost Accumulation 
Test to determine Qhk=1 (35) and 
Ehk=1 (35) is to use the following equations to 
approximate this capacity and electrical power:
[GRAPHIC] [TIFF OMITTED] TN02DE09.035

    In evaluating the above equations, determine the quantities 
Qhk=1 (47) and Ehk=1 (47) 
from the H11 Test and evaluate them according to Section 3.7. Determine 
the quantities Qhk=1 (17) and 
Ehk=1 (17) from the H31 Test and evaluate them 
according to Section 3.10. If the manufacturer conducts the H21 Test, 
the option of using the above default equations is not forfeited. Use 
the paired values of Qhk=1 (35) and 
Ehk=1 (35) derived from conducting the H21 Frost 
Accumulation Test and evaluated as specified in section 3.9.1 or use 
the paired values calculated using the above default equations, 
whichever paired values contribute to a higher Region IV HSPF based on 
the DHRmin.
    Conducting a Frost Accumulation Test (H23) with the heat pump 
operating at its booster capacity is optional. If this optional test is 
not conducted, determine Qhk=3 (35) and 
Ehk=3 (35) using the following equations to 
approximate this capacity and electrical power:
[GRAPHIC] [TIFF OMITTED] TN02DE09.036

Where,
[GRAPHIC] [TIFF OMITTED] TN02DE09.037

    Determine the quantities Qhk=2 (47) and 
Ehk=2 (47) from the H12 Test and evaluate them 
according to Section 3.7. Determine the quantities 
Qhk=2 (35) and Ehk=2 (35) 
from the H22 Test and evaluate them according to Section 3.9.1. 
Determine the quantities Qhk=2 (17) and 
Ehk=2 (17) from the H32 Test, determine the 
quantities Qhk=3 (17) and 
Ehk=3 (17) from the H33 Test, and determine the 
quantities Qhk=3 (2) and 
Ehk=3 (2) from the H43 Test. Evaluate all six 
quantities according to Section 3.10. If the manufacturer conducts the 
H23 Test, the option of using the above default equations is not 
forfeited. Use the paired values of Qhk=3 (35) 
and Ehk=3 (35) derived from conducting the H23 
Frost Accumulation Test and calculated as specified in section 3.9.1 or 
use the paired values calculated using the above default equations, 
whichever paired values contribute to a higher Region IV HSPF based on 
the DHRmin.

[[Page 63134]]

    Table A specifies test conditions for all thirteen tests.

                                   Table A--Heating Mode Test Conditions for Units Having a Triple-Capacity Compressor
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Air entering indoor unit  Air entering outdoor unit
                                   temperature ([deg]F)       temperature ([deg]F)
        Test description        -----------------------------------------------------     Compressor            Booster         Heating air volume rate
                                                Wet bulb                                   capacity
                                   Dry bulb      (max)       Dry bulb     Wet bulb
--------------------------------------------------------------------------------------------------------------------------------------------------------
H01 Test (required, steady)....           70           60           62          56.5  Low...............  Off...............  Heating Minimum \1\
H12 Test (required, steady)....           70           60           47          43    High..............  Off...............  Heating Full-Load \2\
H1C2 Test (optional, cyclic)...           70           60           47          43    High..............  Off...............  (\3\)
H11 Test (required)............           70           60           47          43    Low...............  Off...............  Heating Minimum(\1\)
H1C1 Test (optional, cyclic)...           70           60           47          43    Low...............  Off...............  (\4\)
H23 Test (optional, steady)....           70           60           35          33    High..............  On................  Heating Full-Load \2\
H22 Test (required)............           70           60           35          33    High..............  Off...............  Heating Full-Load \2\
H21 Test (5 6) (required)......           70           60           35          33    Low...............  Off...............  Heating Minimum \1\
H32 Test (required, steady)....           70           60           17          15    High..............  On................  Heating Full-Load \2\
H3C3 Test (optional, cyclic)...           70           60           17          15    High..............  On................  (\7\)
H32 Test (required, steady)....           70           60           17          15    High..............  Off...............  Heating Full-Load \2\
H31 Test \5\ (required, steady)           70           60           17          15    Low...............  Off...............  Heating Minimum \1\
H43 Test (required, steady)....           70           60            0          -2    High..............  On................  Heating Full-Load \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Defined in section 3.1.4.5.
\2\ Defined in section 3.1.4.4.
\3\ Maintain the airflow nozzle(s) static pressure difference or velocity pressure during the ON period at the same pressure or velocity as measured
  during the H12 Test.
\4\ Maintain the airflow nozzle(s) static pressure difference or velocity pressure during the ON period at the same pressure or velocity as measured
  during the H11 Test.
\5\ Required only if the heat pump's performance when operating at low compressor capacity and outdoor temperatures less than 37 [deg]F is needed to
  complete the section 4.2.6 HSPF calculations.
\6\ If table note 5 applies, the section 3.6.3 equations for Qhk=1 (35) and Ehk=1 (17) may be used in lieu of conducting the H21 Test.
\7\ Maintain the airflow nozzle(s) static pressure difference or velocity pressure during the ON period at the same pressure or velocity measured during
  the H33 Test.

    Section 4.2.3 of Appendix M shall be revised to read as follows:
    4.2.3. Additional steps for calculating the HSPF of a heat pump 
having a triple-capacity compressor. * * *
    a. Evaluate the space heating capacity and electrical power 
consumption of the heat pump at outdoor temperature Tj and 
with a first stage call from the thermostat (k=1), and with a second 
stage call from the thermostat (k=2) using:
BILLING CODE 6450-01-P

[[Page 63135]]

[GRAPHIC] [TIFF OMITTED] TN02DE09.021

BILLING CODE 6450-01-C

V. Summary and Request for Comments

    Through today's notice, DOE grants Hallowell's Petition for Interim 
Waiver and announces receipt of Hallowell's Petition for Waiver from 
the test procedures applicable to Hallowell's Boosted Compression 
there-speed heat

[[Page 63136]]

pump products. As part of this notice, DOE is publishing Hallowell's 
Petition for Waiver in its entirety. The Petition includes a suggested 
alternate test procedure and calculation methodology to determine the 
energy consumption of Hallowell's specified heat pumps with Boosted 
Compression technology. The Petition contains no confidential 
information.
    DOE is interested in receiving comments on the issues addressed in 
this notice. Pursuant to 10 CFR 430.27(d), any person submitting 
written comments must also send a copy of such comments to the 
petitioner, whose contact information is included in the ADDRESSES 
section above.

    Issued in Washington, DC, on November 23, 2009.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

To: Michael Raymond, Department of Energy

From: Joseph M Gross, Hallowell International

Subject: Petition to waive CFR (Code of Federal Regulations) Part 
430 performance ratings for ACADIA Combined Heating and Cooling 
System.

Date: April 25, 2009

CC: American Heating and Refrigeration Institute Assistant Secretary 
for Energy Efficiency and Renewable Energy

    To whom it may concern,

    Hallowell International manufactures and markets air source heat 
pump equipment featuring a patented technology known as Boosted 
Compression. This technology greatly enhances the cold temperature 
performance of an air source heat pump, enabling the equipment to 
remain effective in heating operation at temperatures as cold as -
30[deg]F without the need for any form of supplemental heat.
    The physical nature of this technology, as well as the control 
by which it is operated, eliminates the possibility of testing under 
the existing 210/240-2008 standard for unitary air source heat pump 
equipment, following Appendix M to Subpart B of CFR Part 430, as has 
been confirmed by engineering at ETL Semko, and engineering at AHRI. 
The current standard covers 1 and 2 speed systems. Boosted 
Compression effectively introduces 3 speed technologies to the 
marketplace, yet operates similar to a 1 or 2 stage system at any 
given temperature condition.
    This letter will discuss the mechanical and functional details 
of the equipment, define how the normal operation makes testing 
under current standards irrelevant, and describe what operating 
specifics should be validated to show the true operating benefits of 
the equipment. A suggestion for modifications to existing standards 
is also included, as well as an interim request for a temporary test 
waiver.
    Because of the large amount of effort and financial resources 
that have been expended on testing under current standards, 
Hallowell International requests to be considered in two stages. The 
first and most immediate stage is for consideration is to be given 
for a waiver, declaring the equipment outside of any test standard 
and relieving the equipment temporarily from the requirement. The 
second stage is to consider Hallowell International's suggestions 
for small modifications to the existing CFR Part 430 standard, or 
for a waiver offering an alternate test method to AHRI. The 
recommended test method will define the addition of 3 speed systems 
to the standard, and suggest how these systems may be modeled 
similarly to 1 and 2 speed systems.

Affected Models

    The Hallowell International model group has seven specific 
models that are currently, or were previously, available on the 
market:

1. ACADIA024
2. ACADIA036
3. ACADIA048
4. 36C35H
5. 42C46H
6. ACHP03642
7. ACHP02431

    The model group is covered under the following trade names:

1. All Climate Heat Pump
2. ACHP
3. Acadia Combined Heating and Cooling System
4. Acadia System
5. Acadia Heat Pump
6. Acadia
7. Hallowell ACADIA
8. Hallowell All Climate Heat Pump
9. Hallowell ACHP
10. Hallowell Acadia Combined Heating and Cooling System
11. Hallowell Heat Pump
12. Boosted Compression Heat Pump
13. Opti-Cycle Heat Pump

Mechanical and Functional Details of Boosted Compression

    The model group to be considered for a Department of Energy 
waiver falls under the system classification HRCU-A-CB, where a heat 
pump system is comprised of two primary components; the outdoor 
condensing unit with an outdoor coil and compressors which is mated 
to an indoor coil with a fan. The model was designed as a ``Two 
Speed'' system whereby the definitions of ``Two Speed'' systems from 
section 3.16 of the 210/240-2008 Standard were considered within the 
scope of the design.
    Boosted Compression equipment is comprised of two compressors 
paired in series. The first compressor, the Primary compressor, is 
able to modulate between half capacity and full capacity by 
reversing rotation of the crank shaft and mechanically eliminating 
the motion of one of the two internal pistons for half capacity 
operation. The Primary compressor functions for heating operation 
and for cooling operation. A second compressor, the Booster 
compressor, is a fixed speed, fixed capacity compressor that is used 
at cold ambient outdoor conditions to increase the mass flow rate of 
refrigerant through the system and increase the low temperature 
performance by a process of supercharging the refrigeration cycle. 
This compressor is used exclusively in heating operation at and 
below 25 [deg]F, and does not operate during, or affect air 
conditioning operation or performance.
    The following covers the definition from the 210/240-2008 
Standard (CFR Part 430, Appendix M, section 1.43), at a very basic 
level, how this system was thought to be acceptable for ``Two 
Speed'' testing.
    3.16 Two-capacity (or Two-stage) Compressor. An air conditioner 
or heat pump that has one of the following:
    c. Two compressors where one compressor (Compressor 1) 
operates at low loads and both compressors (Compressors 1 
and 2) operate at high loads but Compressor 2 
never operates alone
    For such systems, low capacity means:
    c. Operating Compressor 1, or
    d. Operating with the compressor unloading (e.g., operating one 
piston of a two-piston reciprocating compressor, using a fixed 
fractional volume of the full scroll, etc.).
    For such systems, high capacity means:
    c. Operating Compressors 1 and 2.
    A Boosted Compression system stages between a high and a low 
capacity throughout the systems' operating envelope much like 
traditional 2 speed systems. The system brings on higher capacities 
to satisfy larger loads, typically as a function of a call for 
higher capacity from a thermostat. In this system there are 4 
heating capacities and 2 cooling capacities. At any given 
temperature point of operation, there are only 2 capacities 
available from the system, which stage based on outdoor air 
temperature and the heating or cooling call from the thermostat. The 
table below illustrates the algorithm of staging as utilized in the 
control for Boosted Compression equipment.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  BIN B  -30 <=     BIN C  15 <=     BIN D  25 <=     BIN E  34 <=     BIN F  41 <=
  Heating call at thermostat     BIN A  ODT-30       ODT < 15         ODT < 25         ODT < 34         ODT < 41         ODT < 62      BIN G  62 <= ODT
--------------------------------------------------------------------------------------------------------------------------------------------------------
Y1............................  W1.............  M3.............  M2.............  M2.............  M2.............  M1.............  M1
Y2............................  W1.............  M4.............  M3.............  M2+W1..........  M2.............  M2.............  M1
--------------------------------------------------------------------------------------------------------------------------------------------------------

Where:

W1: Auxiliary heat control output
M1: Single cylinder operation, half capacity

[[Page 63137]]

of Primary Compressor, heating and cooling
M2: Two cylinder operation, Full capacity of Primary Compressor, 
heating and cooling
M3: M2 + Booster Compressor + Economizer operation, heating only
M4: M3 + W1

    As the table above illustrates, at any given outdoor temperature 
condition, a Boosted Compression system operates with a maximum of 
two capacities, using 2 of the 3 modes of heating (4 modes including 
1st stage resistance) depending on what the ambient temperature is 
at the current time of operation. The graph below shows more 
accurately how a Boosted Compression system can be used as a two 
stage system, but how the outdoor temperature conditions affect 
which of the two out of four modes of operation will make up the two 
capacities for said condition. The graph only shows Modes 1-3, 
showing vapor cycle operation only.
[GRAPHIC] [TIFF OMITTED] TN02DE09.022

    The graph shows how at any given temperature BIN, the Acadia 
only utilizes a maximum of 2 out of its 3 stages of vapor cycle. In 
fact, in BINs G (not shown), E, D, and B, the Acadia acts like a 
single stage system, utilizing only one mode in these BINs.
    A typical two speed heat pump would, if using the Boosted 
Compression terminology to define operation, only have M1, M2, and 
M2 + W1 available for system operation. Boosted Compression adds a 
3rd stage of compression to the vapor cycle with the Booster 
Compressor and an Economizer. This third stage effectively doubles 
the capacity of the heat pump without a degradation of the 
Coefficient of Performance at lower ambient conditions. The System 
is further able to add supplemental or auxiliary heat much like 
conventional 1 and 2 speed systems for occasions where the vapor 
cycle alone is unable to maintain the conditioned space.
    The following charts illustrate and provide distinction for the 
differences in Boosted Compression 3 speed systems and standard two 
speed systems. The charts reflect vapor cycle performance only. From 
these it is clear that Boosted Compression is effectively a 3 speed, 
or 3 capacity system, and as such will be the foundation for our 
recommendation to create a standard for 3 speed equipment as a 
modification to the existing 210/240-2008 Standard.
    Important characteristics to note when comparing the two 
systems:

1. Capacities at low ambient outdoor conditions
2. Capacity as a function of outdoor temperature
3. Coefficient of performance at low ambient conditions
4. Coefficient of performance relative to system capacity
5. Linear performance of standard systems relative to outdoor 
temperature
6. Staged performance of 3 speed technology relative to outdoor 
temperature
7. Charts reflect Maximum Vapor Cycle Capacity and do not include 
lower speeds at similar outdoor temperatures

BILLING CODE 6450-01-P

[[Page 63138]]

[GRAPHIC] [TIFF OMITTED] TN02DE09.023

BILLING CODE 6450-01-C

Restrictions of Current 210/240-2008 Standard

    The current 210/240 standard provides an excellent template for 
the evolution of a 3 speed standard. The restrictions of 2 speed 
testing for the 3 speed unit are comprised of the following:
    1. The expectation that the equipment will follow a linear 
performance trend and as such can be modeled linearly
    2. Operating condition tests are restricted to 62 [deg]F, 47 
[deg]F, 35 [deg]F, and 17 [deg]F. This will not collect enough 
operating characteristics to create an accurate trend, and does not 
consider advantages of 3 speed equipment at cold temperatures.
    3. If the 3 speed system provides 3 speeds of heating, or 
cooling, how will equipment with different numbers of speeds for 
both, such as 3 for heating and 2 for cooling be considered?
    4. Heating Seasonal Performance Factor is calculated from a 
linear interpolation of system performance along with other factors 
considering defrosts and cycling penalties. A linear trend cannot be 
created based on Boosted Compression performance characteristics and 
erroneous HSPF numbers result. This is easily identified as 
interpolated capacities trend towards infinite values as outdoor 
temperature bins get colder, and moderate temperature operation is 
very low where the two trends meet at an

[[Page 63139]]

apex. Note the quotation from AHRI representatives below:
    Quote from an e-mail dated 7/18/08 from Ms. Sarah Medepalli, the 
Certification Engineer assigned to Hallowell International at AHRI.
    ``The main problem is that 210/240 linearly interpolates to 
capture the effect of varying outdoor temperature. As such, the lab 
testing is set up so that the unit's configuration is exactly the 
same for multiple outdoor conditions. The Hallowell unit, for 
example, appears to use a different system configuration for the 
high compressor capacity tests at 47 [deg]F and 17 [deg]F (and maybe 
35 [deg]F too). The Hallowell unit would require extra test points 
and the algorithm used to calculate HSPF would have to be modified 
to create a more accurate performance map as opposed to the approach 
of just blindly applying the current 210/240 algorithm for two-
capacity heat pumps.''
    The following graph illustrates how a Boosted Compression system 
cannot be modeled correctly using the 210/240 (CFR Part 430, 
Appendix M) 2 speed standard for calculating Qhk-1, 
Qhk-2, Ehk-1 and Ehk-2, covered in 
section 4.2.3.a (Qhk-1, Qhk-2 and the BL(Tj) 
are graphed on the chart below).

[GRAPHIC] [TIFF OMITTED] TN02DE09.024


    The graph shows a Boosted Compression system's Qhk-1, 
Qhk-2 and the load line for Minimum HSPF in region IV, 
where QH1 = Qhk-1 and QH2 = Qhk-2. As can be 
seen in this Illustration, when a Boosted Compression system's 
heating capacities are interpolated with the 210/240 (CFR Part 430, 
Appendix M) algorithm, the stages do not represent how any heat pump 
system can physically operate, showing Qhk-2 increasing 
infinitely as the outdoor temperature conditions drop. The data 
taken to create this graph was taken directly from ETL's HSPF 
calculation tables for our 3 Ton system, ARI document  
USHP-08315-Q-1.
    The 210/240-2008 Standard currently accurately covers the 2 
speed air conditioning performance of Boosted Compression, since the 
Booster Compressor is not allowed to operate in cooling mode, 
effectively making the system a standard two speed air conditioner.

Recommendations for Modification of Current CFR Part 430 Standard, or 
Interim Alternate Testing Method for Immediate Consideration

    The following recommendations for testing of a ``3 Speed Heat 
Pump'' are hereby submitted:
    1. Additional test points of heating performance, in addition to 
62 [deg]F, 47 [deg]F, 35 [deg]F and 17 [deg]F, should be added to 
account for increased cold temperature performance. The following 
table illustrates current tests and new tests required to 
interpolate a 3 stage heat pump under AHRI 210/240 2 speed system 
standard, where the H62 test would be a new test 
condition requirement.


----------------------------------------------------------------------------------------------------------------
                                IDU entering    IDU entering    ODU entering    ODU entering
         Heating test           air [deg]Fdb    air [deg]Fwb    air [deg]Fdb    air [deg]Fwb      System speed
----------------------------------------------------------------------------------------------------------------
H01..........................              70              60              62            56.5  Low
H11..........................              70              60              47              43  Low
H21..........................              70              60              35              33  Low
H31..........................              70              60              17              15  Low
H32..........................              70              60              17              15  High
H62..........................              70              60               0              -2  High
----------------------------------------------------------------------------------------------------------------


    2. From the CFR Part 430 standard the following equation is 
defined for HSPF,
[GRAPHIC] [TIFF OMITTED] TN02DE09.025


[[Page 63140]]


where the design heating requirement, DHR, as defined in section 
4.2, is calculated from the 47[deg] test point. This equation will 
continue to hold true for 3 speed HSPF calculation.
    The following equations are compatible with Boosted Compression 
and continue with a similar methodology to the current standards.
    In section 4.2.3, the evaluation of heating capacity (Qh\k\) and 
electrical energy consumption (Eh\k\) could be defined by the 
following performance slope equations:

BILLING CODE 6450-01-P
[GRAPHIC] [TIFF OMITTED] TN02DE09.026

BILLING CODE 6450-01-C

    With these algorithms used to interpolate capacity (Qh\k\) and 
electrical energy consumption (Eh\k\), the following graph can be 
achieved from entering data into the CFR Part 430 standard for 
calculating HSPF on a 2 speed heat pump system, and plotting 
Qh\k=1\, Qh\k=2\ and the BL(Tj) vs. the temperature BIN temperature 
(Tj), where QH1 = Qhk-1 and QH2 = Qhk-2.


[[Page 63141]]


[GRAPHIC] [TIFF OMITTED] TN02DE09.027


    It can easily be seen, when comparing this graph to the one 
outlining the modes of operation in different temperature BINs that 
these new algorithms accurately portray a Boosted Compression 
system's vapor cycle. The graph below highlights the modes of 
operation from the graph above for clarity.

[GRAPHIC] [TIFF OMITTED] TN02DE09.028


    We, the representatives of Hallowell International, wish to 
encourage the Department of Energy to consider quick action in 
amending the current CFR Part 430 testing specifications to include 
3-speed equipment. Hallowell, as a manufacturer, relies on third 
party performance testing and verification of performance from AHRI 
against competitive equipment to gain traction in the marketplace. 
Since AHRI adopts their 210/240 standard from CFR Part 430, changes 
made to the CFR will carry through to AHRI, allowing Hallowell 
systems to be fairly listed on the directory with other competitive 
heat pump systems.
    We believe that our equipment brings great advancement to the 
HVAC industry and provides a unique alternative to fossil fuels in 
today's changing energy climate. It is difficult to build sales 
volume and gain the credibility, required as an OEM, when there are 
no standards to provide performance ratings for the equipment, which 
would entitle our customers to rebates, tax credits, or other 
incentives.
    We hope that a temporary waiver will be granted acknowledging 
that our three speed product is not covered by a current standard. 
We further hope that an amendment to the existing standards will be 
considered, or an alternate test procedure waiver will be 
considered, as 3-speed equipment does not need to have an entirely 
new process to be considered and implemented.
    If there are any questions or concerns about the equipment 
please do not hesitate to contact us directly. We will freely share 
information about Boosted Compression such that your requirements 
and due diligence will be satisfied in this matter.
    Please direct all correspondence with Hallowell International 
to:

Joseph M Gross
Design Engineer
Hallowell International


[[Page 63142]]


Phone: 207 990 5600 Extension 121
Fax: 207 990 5602

E-mail: JGross@gotohallowell.com

Signed,

Duane A. Hallowell,
President and CEO

Date:
-----------------------------------------------------------------------
Joseph M Gross,
Design Engineer

Date:
-----------------------------------------------------------------------

[FR Doc. E9-28694 Filed 12-1-09; 8:45 am]
BILLING CODE 6450-01-P
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