Notice of Petition for Waiver of ECR (ECR) International, Inc. From the Department of Energy Residential Central Air Conditioners and Heat Pumps Test Procedure, and Grant of Interim Waiver, 47681-47691 [2013-18950]
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Federal Register / Vol. 78, No. 151 / Tuesday, August 6, 2013 / Notices
involved public utility commissions and
public utilities?
• What roles do public/private
utilities have or could take in improving
energy code compliance? Can
evaluation of energy code compliance
could be considered similarly to
evaluation of utility ‘‘above code’’
programs.
• Are there approaches to energy
code compliance that have the potential
to be financially self-sustaining (i.e.,
approaches to energy code compliance
that do not require direct government
funding)?
• What is the proper way to attribute
energy savings from compliance
programs to various stakeholders?
DOE Compliance Evaluation Resources
and Actions
• Should DOE provide resources for
compliance evaluation, such as software
tools, methodologies, checklists,
training templates, etc.?
• Are there additional resources DOE
should be providing for energy code
compliance that are not currently
available?
• How could incentive funding be
used to facilitate states to increase
energy code adoption and compliance
efforts?
• Is there a role DOE could play to
support third-party evaluators?
• What other suggestions would you
have for DOE to consider, in working
with states, municipalities, and the
construction community to better
understand, track, and assist with
energy code compliance?
Issued in Washington, DC, on July 31,
2013.
Roland Risser,
Director, Building Technologies Office,
Energy Efficiency and Renewable Energy.
[FR Doc. 2013–18952 Filed 8–5–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CAC–041]
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Notice of Petition for Waiver of ECR
(ECR) International, Inc. From the
Department of Energy Residential
Central Air Conditioners and Heat
Pumps Test Procedure, and Grant of
Interim Waiver
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver,
notice of grant of interim waiver, and
request for comments.
AGENCY:
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This notice announces receipt
of and publishes a petition for waiver
and application for interim waiver
(‘‘petition’’) from ECR International, Inc.
(ECR) regarding specified portions of the
U.S. Department of Energy (DOE) test
procedure for determining the energy
consumption of residential central air
conditioners and heat pumps. In its
petition, ECR provides an alternate test
procedure specific to EMI multi-zone
unitary small air conditioners and heat
pumps. DOE solicits comments, data,
and information concerning ECR’s
petition and the suggested alternate test
procedure. Today’s notice also grants
ECR an interim waiver from the existing
DOE test procedures for the subject EMI
(Enviromaster International) multi-zone
unitary small air conditioners and heat
pumps.
DATES: DOE will accept comments, data,
and information with respect to the ECR
Petition until, but no later than
September 5, 2013.
ADDRESSES: You may submit comments,
identified by case number ‘‘CAC–041,’’
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email:
AS_Waiver_Requests@ee.doe.gov
Include the case number [Case No.
CAC–041] in the subject line of the
message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J/
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.
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., Washington, DC, 20024;
(202) 586–2945, between 9:00 a.m. and
4:00 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 waivers and rulemakings
regarding similar refrigerator-freezer
products. Please call Ms. Brenda
Edwards at the above telephone number
for additional information.
FOR FURTHER INFORMATION CONTACT: Mr.
Bryan Berringer, U.S. Department of
SUMMARY:
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47681
Energy, Building Technologies Program,
Mail Stop EE–2J, Forrestal Building,
1000 Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–0371. Email:
Bryan.Berringer@ee.doe.gov.
Ms. Jennifer Tiedeman, U.S.
Department of Energy, Office of the
General Counsel, Mail Stop GC–71,
Forrestal Building, 1000 Independence
Avenue SW., Washington, DC 20585–
0103. Telephone: (202) 287–6111.
Email:
mailto:Jennifer.Tiedeman@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, Part B of the Energy Policy
and Conservation Act of 1975 (EPCA),
Public Law 94–163 (42 U.S.C. 6291–
6309, as codified), added by Public Law
95–619, Title IV, § 441(a), established
the Energy Conservation Program for
Consumer Products Other Than
Automobiles, a program covering most
major household appliances, which
includes the residential central air
conditioners and heat pumps that are
the focus of this notice.1 Part B includes
definitions, test procedures, labeling
provisions, energy conservation
standards, and the authority to require
information and reports from
manufacturers. Further, Part B
authorizes the Secretary of Energy to
prescribe test procedures that are
reasonably designed to produce results
which measure the energy efficiency,
energy use, or estimated annual
operating costs of a covered product,
and that are not unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3)) The test
procedure for residential central air
conditioners and heat pumps is
contained in 10 CFR part 430, subpart
B, appendix M (referred to in this notice
as ‘‘Appendix M’’).
The regulations set forth in 10 CFR
430.27 contain provisions that enable a
person to seek a waiver from the test
procedure requirements for covered
products. The Assistant Secretary for
Energy Efficiency and Renewable
Energy (the Assistant Secretary) will
grant a waiver if it is determined that
the basic model for which the petition
for waiver was submitted contains one
or more design characteristics that
prevents testing of the basic model
according to the prescribed test
procedures, or if the prescribed test
procedures may evaluate the basic
model in a manner so unrepresentative
of its true energy consumption
characteristics as to provide materially
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
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inaccurate comparative data. 10 CFR
430.27(l). A petitioner must include in
its petition any alternate test procedures
known to the petitioner to evaluate the
basic model in a manner representative
of its energy consumption. The
Assistant Secretary may grant the
waiver subject to conditions, including
adherence to alternate test procedures.
10 CFR 430.27(l). Waivers remain in
effect pursuant to the provisions of 10
CFR 430.27(m).
The waiver process also allows the
Assistant Secretary to grant an interim
waiver from test procedure
requirements to manufacturers that have
petitioned DOE for a waiver of such
prescribed test procedures. 10 CFR
430.27(g). An interim waiver remains in
effect for 180 days or until DOE issues
its determination on the petition for
waiver, whichever occurs earlier. DOE
may extend an interim waiver for an
additional 180 days. 10 CFR 430.27(h).
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II. Petition for Waiver of Test Procedure
and Application for Interim Waiver
On March 26, 2013, ECR submitted a
petition for waiver and application for
interim waiver (‘‘petition’’) from the test
procedure applicable to residential
central air conditioners and heat pumps
set forth in 10 CFR part 430, subpart B,
appendix M. ECR seeks a waiver from
the applicable test procedure because,
ECR asserts that the prescribed test
procedures yield results that are
unrepresentative of actual energy
consumption for ECR’s Enviromaster
International (‘‘EMI’’) line of multi-zone
unitary small air conditioners and heat
pumps. In its petition, ECR asserts that
the DOE test procedures currently
applicable to these products do not
sufficiently address the unique
configuration of those products, and
therefore do not produce results that are
(1) representative of their energy
consumption characteristics or (2)
consistent, accurate and repeatable. In
order to be assured that it is correctly
calculating the energy consumption of
the product, that it meets the minimum
energy requirements for its product
class, and is properly labeled, ECR
proposes to use an alternate test
procedure for testing its models.
ECR also requests an interim waiver
from the existing DOE test procedure.
An interim waiver may be granted if it
is determined that the applicant will
experience economic hardship if the
application for 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
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pending a determination of the petition
for waiver. 10 CFR 430.27(g).
DOE has determined that ECR’s
application for interim waiver does not
provide sufficient market, equipment
price, shipments and other
manufacturer impact information to
permit DOE to evaluate the economic
hardship ECR might experience absent a
favorable determination on its
application for interim waiver.
However, DOE has determined based
upon a technical evaluation of ECR’s
proposed alternate test method and the
characteristics of the products
addressed by the petition, that it is
likely ECR’s petition will be granted,
and that it is desirable for public policy
reasons to grant ECR relief pending a
determination on the petition. DOE has
determined that it is desirable to have
similar basic models tested in a
consistent manner.
For the reasons stated above, DOE
grants ECR’s application for interim
waiver from testing of its multi-zone
unitary small air conditioners and heat
pumps product line. Therefore, it is
ordered that:
The application for interim waiver
filed by ECR is hereby granted for the
specified ECR multi-zone unitary small
air conditioners and heat pumps basic
models, subject to the specifications and
conditions below. ECR shall be required
to test or rate the specified multi-zone
unitary small air conditioners and heat
pumps products according to the
alternate test procedure as set forth in
section III, ‘‘Alternate Test Procedure.’’
The interim waiver applies to the
following basic model groups:
S2CG2200D, S2CG9200D, S2CG9900D,
T2CG2400D, T2CG4400D,
T2CG8800D, T2CG9800D,
T3CG2220D, T3CG2240D,
T3CG9920D, T3CG9980D,
T3CG9990D, T4CG2222D,
T4CG9922D, T4CG9992D,
T4CG9999D, S2HH2200D,
S2HH9200D, S2HH9900D,
T2HG2400D, T2HG4400D,
T2HG8800D, T2HG9800D,
T3HG2220D, T3HG2240D,
T3HG9920D, T3HG9980D,
T3HG9990D, T4HG2222D,
T4HG9922D, T4HG9992D,
T4HG9999D
DOE makes decisions on waivers and
interim waivers for only those models
specifically set out in the petition, not
future models that may be manufactured
by the petitioner. ECR may submit a
subsequent petition for waiver and
request for grant of interim waiver, as
appropriate, for additional models of its
multi-zone unitary small air
conditioners and heat pumps for which
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it seeks a waiver from the DOE test
procedure. In addition, DOE notes that
a grant of an interim waiver or waiver
does not release a petitioner from the
certification requirements set forth at 10
CFR part 429.
Further, this interim waiver is
conditioned upon the presumed validity
of statements, representations, and
documents provided by the petitioner.
DOE may revoke or modify this interim
waiver at any time upon a
determination that the factual basis
underlying the petition for waiver is
incorrect, or upon a determination that
the results from the alternate test
procedure are unrepresentative of the
basic models’ true energy consumption
characteristics.
III. Alternate Test Procedure
EPCA requires that manufacturers use
DOE test procedures to make
representations about the energy
consumption and energy consumption
costs of products covered by the statute.
(42 U.S.C. 6293(c)) Consistent
representations are important for
manufacturers to use in making
representations about the energy
efficiency of their products and to
demonstrate compliance with
applicable DOE energy conservation
standards. Pursuant to its regulations
applicable to waivers and interim
waivers from applicable test procedures
at 10 CFR 430.27, DOE will consider
setting an alternate test procedure for
ECR in a subsequent Decision and
Order.
In its petition, ECR states that for its
multi-zone unitary small air
conditioners and heat pumps models,
tests using the DOE test procedure for
residential central air conditioners and
heat pumps at 10 CFR part 430, subpart
B, appendix M (‘‘Appendix M’’) is
inapplicable to their products and
would result in measurements of energy
use that are not representative of these
models’ actual energy use. Thus, during
the period of the interim waiver granted
in this notice, ECR shall test its multizone unitary small air conditioners and
heat pump basic models according to
the existing DOE test procedure at 10
CFR part 430, subpart B, appendix M
with the modifications set forth below.
1. Section 3.1.4.1.2 is replaced with
the following:
3.1.4.1.2 Cooling Full-load Air
Volume Rate for Non-ducted Units. For
non-ducted units, run the unit in a free
air state (i.e., without the plenum, duct
work, and air sampling apparatus
attached to the outlet of the indoor unit)
at the A test conditions. After
condensate has dripped from the coil for
no less than 10 minutes and air entering
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the indoor unit meets the specified test
conditions, measure and record the
blower motor RPM, current, and power
consumption for each indoor unit. For
all tests that require the Cooling Fullload Air Volume Rate, adjust the air
flow until the blower motor has the
same RPM, current, and power
consumption as measured when
operating in a free air state.
2. Section 3.1.4.4.4 is replaced with
the following:
3.1.4.4.4 Non-ducted heat pumps,
including non-ducted heating-only heat
pumps. For non-ducted heat pumps, run
the heat pump in a free air state (i.e.,
without the plenum, duct work, and air
sampling apparatus attached to the
outlet of the indoor unit) at the H1 test
conditions. After the unit has operated
for 30 minutes and the air entering the
indoor unit meets the specified test
conditioners, measure and record the
blower motor RPM, current, and power
consumption for each indoor unit. For
all tests that require the Heating Fullload Air Volume Rate, adjust the air
flow until the blower motor has the
same RPM, current, and power
consumption as measured when
operating in a free air state.
3. In performance of section 3.1.7
when testing a non-ducted air
conditioner, establish the Cooling Fullload Air Volume Rate first according to
section 3.1.4.1.2 prior to conducting the
A, B, C, or D tests. When testing a nonducted heat pump establish the Heating
Full-load Air Volume Rate first
according to section 3.1.4.4.4. When
conducting an optional cyclic test,
always conduct it immediately after the
steady-state test that requires the same
test conditions. For variable-speed
systems, the first test using the Cooling
Minimum Air Volume Rate should
precede the EV Test if one expects to
adjust the indoor fan control options
when preparing for the first Minimum
Air Volume Rate test. Under the same
circumstances, the first test using the
Heating Minimum Air Volume Rate
should precede the H2V Test. When
testing multi-split systems where each
indoor unit operates independently and
has an independent refrigeration circuit,
conduct a set of cooling and/or heating
tests, if applicable, for each indoor unit
individually, but run all units during
each test. To measure the cooling
capacity conduct the tests specified in
section 3.2.1 for each indoor unit. To
measure the heating performance,
conduct the tests specified in section
3.6.1 for each indoor unit.
4. In section 3.3, perform the pretest
interval in paragraph (a) as written,
except for non-ducted units use the
exhaust fan or the airflow measuring
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apparatus to obtain and then maintain
the blower motor RPM, current, and
power consumption as measured when
operating in a free air state, according to
section 3.1.4.1.2. Locate the pressure tap
for each air handler first at the
prescribed ASHRAE 41.2 distance of
2*SQRT(A*B) and then adjust the
position by moving the installation
point closer or further away from the air
handler until the 0.0 inch of water
column point is located.
For multi-split systems where each
indoor unit operates independently and
has an independent refrigeration circuit,
sum the average total space cooling
capacity of each individual indoor unit
test and assign to Qc(T), and take the
mean of the average electrical power
consumption for each individual indoor
unit test assign to Ec(T). Replace the
‘‘T’’ with the nominal outdoor
temperature at which the test was
conducted.
5. In performance of section 3.4, for
multi-split systems where each indoor
unit operates independently and has an
independent refrigeration circuit, sum
the total space cooling capacity of each
individual indoor unit test and assign to
Qss,dry, and take the mean of the
average electrical power consumption
for each individual indoor unit test and
assign to Ess,dry.
6. In performance of section 3.5, for
multi-split systems where each indoor
unit operates independently and has an
independent refrigeration circuit, sum
the total space cooling of each
individual indoor unit test and assign to
qcyc,dry, and take the mean of the
electrical energy consumption of each
indoor unit test and assign to ecyc,dry.
7. In performance of section 3.5.3, for
multi-split systems where each indoor
unit operates independently and has an
independent refrigeration circuit, take
the average of the result from the
cooling load factor calculation
performed for each individual indoor
unit test and assign to CLF.
8. In performance of section 3.7, the
pretest interval of paragraph (a) shall be
performed as written, except use the
exhaust fan or the airflow measuring
apparatus to obtain and then maintain
the blower motor RPM, current, and
power consumption as measured when
operating in a free air state, according to
section 3.1.4.4.4. Locate the pressure tap
for each air handler first at the
prescribed ASHRAE 41.2 distance of
2*SQRT(A*B) and then adjust the
position by moving the installation
point closer or further away from the air
handler until the 0.0 inch of water
column point is located.
To calculate the overall result of the
section 3.7 tests for multi-split systems
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where each indoor unit operates
independently and has an independent
refrigeration circuit, sum the average
space heating capacity of each
individual indoor unit test and assign to
Qh(T), and take the average of the
electrical power consumption of each
individual indoor unit test and assign to
Eh(T). Replace the ‘‘T’’ with the nominal
outdoor temperature at which the test
was conducted.
9. In performance of section 3.8, for
multi-split systems where each indoor
unit operates independently and has an
independent refrigeration circuit, sum
the total space heating of each
individual indoor unit test and assign to
qcyc, and take the average of the
electrical energy consumption of each
individual indoor unit test and assign to
ecyc.
10. In performance of section 3.8.1,
for multi-split systems where each
indoor unit operates independently and
has an independent refrigeration circuit,
take the mean of the result from the
heating load factor calculation
performed for each individual indoor
unit test and assign to HLF.
11. In performance of section 3.9.1,
for multi-split systems where each
indoor unit operates independently and
has an independent refrigeration circuit,
perform the calculations specified in
section 3.9.1a though section 3.9.1d, as
needed, for each indoor unit and assign
to Qhk(35) the sum of the capacity
results and assign to to Ehk(35) the
average of the power results.
12. In performance of section 3.9.2,
for multi-split systems where each
indoor unit operates independently and
has an independent refrigeration circuit,
determine the demand defrost credit for
each indoor unit and assign the average
of the result to Fdef.
13. In performance of section 3.10, for
multi-split systems where each indoor
unit operates independently and has an
independent refrigeration circuit, sum
the average space heating capacity of
each individual indoor unit test and
assign to Qhk(17), and take the mean of
the electrical power consumption of
each indoor unit and assign to Ehk(17).
IV. Summary and Request for
Comments
Through today’s notice, DOE
announces receipt of ECR’s petition for
waiver from the test procedures
applicable to residential central air
conditioners and heat pumps, and
grants an interim waiver to ECR. As part
of this notice, DOE is publishing ECR’s
petition for waiver in its entirety
pursuant to 10 CFR 431.401(b)(1)(iv).
Confidential business information has
been redacted from the petition. The
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petition includes a suggested alternate
test procedure to measure the energy
consumption of central air conditioners
and heat pumps basic models.
Furthermore, today’s notice includes an
alternate test procedure that ECR is
required to follow as a condition of its
interim waiver. ECR would be required
to use this modified version of the
Appendix M for testing and rating its
products in accordance with the testing
and certification requirements of 10 CFR
part 429.
DOE solicits comments from
interested parties on all aspects of the
petition. Any person submitting written
comments to DOE must also send a copy
of such comments to the petitioner. 10
CFR 430.27(d). The contact information
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for the petitioner is: Ronald J. Passafaro,
President and Chief Executive Officer,
ECR International, Inc., 2201 Dwyer
Ave., Utica, NY 13501. 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).
According to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
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exempt by law from public disclosure
should submit two copies to DOE: 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.
Issued in Washington, DC, on July 31,
2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
BILLING CODE 6450–01–P
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47685
ECR
2201 Dwyer Ave.
Utica, NY 13501
Ph: 315-797-1310
Fax: 315-797-3762
E-Mail: info@ecrinternational.com
Web: www.ecrinternational.com
March 26, 2013
U.S. Department of Energy
Building Technologies Program
Test Procedure Waiver
1000 Independence Avenue, SW, Mailstop EE-2J
Washington, DC 20585-0121
Dr. David Danielson
Assistant Secretary for Conservation and Renewable Energy
U.S. Department of Energy
Forrestal Building
1000 Independence Avenue, SW
Washington, DC 20585-0121
Re: Petition for Waiver and Application for Interim Waiver, ECR International, Inc.: Multi-Zone
Unitary Small Air Conditioners and Heat Pumps
Dear Dr. Danielson:
ECR International, Inc. ("ECR") respectfully submits this petition for waiver and application for
interim waiver of the Department of Energy ("Department") test procedures defined in 10 CFR
430, Subpart B, Appendix M, which incorporate by reference the following third party standards:
AHRI 210/240-2008, AHRI 1230-2010, and ASHRAE 41.2, on the grounds that the prescribed
test procedures yield results that are unrepresentative of actual energy consumption for ECR's
Enviromaster International ("EMI") line of multi-zone unitary small air conditioners and heat
pumps.
ECR, with headquarters in Utica, New York, is a full-service provider of American engineered
and manufactured boilers, water heaters, hydronic and forced air products at its facilities in Utica
and Dunkirk, NY. ECR and its predecessor companies have been located in New York State
since 1928 and employ a full-time workforce of". As a full-service provider of American
engineered-and-manufactured hydronic and forced air products, ECR is recognized for its
innovation, quality, performance and reliability, and is the only North American company to
make and market all of these products under one corporate roof. Our products are sold under
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Company Background
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multiple brands in addition to EMI, including Airco, Argo, Dunkirk, Olsen, Pennco, RetroAire,
and Utica.
The Affected Products
The affected line of products-condensers serving the EMI brand of fixed speed multi-zone
systems--subject to this petition and application are listed herein at Appendix A. The company's
unitary product line is AHRI-certified under both Unitary Small Air Conditioning (USAC) and
Unitary Small Heat Pumps (USHP) programs. The multi-zone products use the same models of
compressors, indoor air handlers, reversing valves, accumulators, line sets, thermostats, tubing
diameters, expansion valves, and indoor air handlers as the single-zone fixed-speed 13 SEER
systems manufactured by ECR. While the multi-zone outdoor coil is physically different than
the single-zone outdoor coil, it is comparable in performance per zone to its single-zone capacity
counterpart. As such, the system/circuit performance was expected to be near identical to the
single-zone performance. This belief was confirmed in ECR's own psychrometric laboratory,
i.e. that the multi-zone circuit-to-circuit metrics were nearly identical to the single-zone metrics.
This relationship between the two systems, however, is not borne out through AHRI certification
tests, where tests have rated the product as low as _ .
Overview
The test procedures currently being applied to the affected line of products are in fact
inapplicable to those products, and therefore unrepresentative of the energy consumption
characteristics of the products at issue, in the following ways: (1) they do not appropriately
classifY the applicable systems manufactured by ECR; (2) there is no authoritative standard that
can be accurately applied to ECR's products; (3) as a result of these factors, the current testing
procedures do not produce consistent, accurate and repeatable data. ECR herein provides an
alternative testing procedure for the affected products.
1. The test procedures do not appropriately classifv the applicable svstems manufactured bv
ECR.
The current certification testing does not measure the loading of each individual circuit of the
system. Under current test procedures, a multi-zone system consisting of 4 equal capacity
circuits with 4 identical air handlers is logically expected to evenly distribute the total capacity at
25% per zone. While this logic is valid for VRF- based multi-zone systems running all
refrigerant through a single compressor, it is not applicable when evaluating mUltiple
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ECR's fixed speed multi-zone systems are comprised of multiple independent refrigeration
circuits sharing a single outdoor fan and defrost logic. Each circuit has a single fixed speed
compressor, a single air handler, a single control circuit, with individual expansion, without any
mixing of refrigerant between the zones. Each fully independent circuit can have different
loading, cycle on and off independent of the other zones, as well as operate in different modes
(heat/cool) simultaneously. The design is merely a collection of single-zone systems built into a
common chassis to reduce the condenser footprint. As stated above, the multi-zone and singlezone systems manufactured by ECR utilize many of the same components.
Federal Register / Vol. 78, No. 151 / Tuesday, August 6, 2013 / Notices
47687
independent circuits. The test procedures do not verify the individual circuit performance, and
instead only record the total. This results in an averaging of the individual circuits' performance,
whereas a summation of the individual circuits would be more representative of the true system
performance. Without each circuit having individual performance data collected, it is impossible
to assess the true performance of the test series after the fact, due to the lack of collected data. If
the current test logic is not applicable to the simple 4 equal capacity circuit system, its use with
the more complex unequal capacity circuitry system is even less so.
ECR proposes that a fixed speed multi-zone system have data collected and reduced for each
individual circuit, then perform a summation of the individual circuits to arrive at the total
system performance. This method would require the collection of the data required to
independently verify the system's performance. The existing method of only recording the
combined performance of the system doesn't record the values needed to determine that all zones
are operating within acceptable limits. The absence of the required detail data prevents any
analysis regarding what wasn't correct in either the set-up of the equipment or the operation of
the equipment itself.
2. As a result ofthe differences between standards authorities discussed below, there are no
approved standard procedures that apply to the product line ofECR at issue.
ASHRAE 41.2, "Standard Methods for Laboratory Airflow Measurement", does not address the
measurement of multiple zero static airflow. Section 7.4 of same states that "each plenum shall
have an adjustable restrictor (damper) located in the plane where the plenums enter the common
duct section for the purpose of equalizing the static pressures in each plenum." This ASHRAE
requirement conflicts with the requirements in 10 CFR Part 430 Subpart B Appendix M § 3.5.2
which states, "Do not use air dampers when conducting cyclic tests on non-ducted units."
Furthermore, the diagrams in ASHRAE 41.2, at figures 8A and 8B, do not consistently result in
accurate static pressure values when applied to zero static equipment. The AHRI Ductless
Equipment Section Engineering Committee recently voted to allow multiple zero static air
handlers to discharge into a large cubic plenum without any gradual transitions, contradicting
ASHRAE 41.2 figure 9, which shows a 15 0 converging transition and a 70 diverging transition.
3. As a result of the lack of classification (or ECR's product and lack of standardization in
testing (or that product, ECR is subject to arbitrary and inconsistent testing practices (or its
product line.
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There are many "best practice" procedures available amongst the myriad oftest laboratories, and
these procedures have been implemented without input from ECR. Typically, these procedures
are not published for peer review, and are inconsistent in the accuracy of results. The existing
published procedures do not yield consistent, accurate, and repeatable data between different
psychrometric laboratories.
47688
Federal Register / Vol. 78, No. 151 / Tuesday, August 6, 2013 / Notices
The primary error occurs when the laboratory tries to analogize the performance within a duct to
the performance of a free discharge zero static blower and a second air handler is combined into
a common enthalpy tunnel. When attempting to join multiple air handlers into a common duct,
each air handler has an influence on the other air handler's performance. Ideally, each air
handler should have blower motor voltage, current, and angular velocity measured prior to the
connection of a duct or transition piece. Upon connection of the duct, those same values should
be attained as verification that the air moving device is working in a similar manner with the duct
as it did without the duct. At that point, the location of the 0.0 inWC pressure tap can be located,
starting at the ASHRAE 41.2 recommended standard (2 *SQRT(A *8)). Different air handlers
will have different locations for the zero static pressure point due to the differing air velocities at
the discharge grill of the air handler. It is only by matching the motor's electrical current draw
and revolutions per minute between the free air delivery and ducted delivery that equivalent
performance can be verified. An iterative approach is required in order to achieve an accurate,
balanced air flow measurement.
4. The following alternate procedures are proposed:
1) With laboratory rooms at conditions for capacity tests, refrigeration circuits in operation,
and free air operation (without ducts), measure and record the blower motor RPM,
current, and power consumed by each indoor air handler running with a wet evaporator
independently.
2) Connect the duct between a single air handler and enthalpy tunnel. Restart the entire
system and adjust the air flow until the now ducted blower motor has same RPM and
current draw as seen in step 1. The static pressure tap can now be applied to that point on
the duct that is actually operating at zero static via empirical methods. The point along
the duct operating at zero static will vary proportionally with the discharge velocity of the
air handler.
3) Air flow should be measured only when the RPM and power of the blower while
connected to a duct matches that of the motor when running without a duct. This ensures
that the zero static air mover is acting equivalently to free discharge. The location of the
pressure tap can be found for each air handler by locating the "0.0 inch water column"
pressure along the duct, starting at the prescribed ASHRAE 41.2 distance of
2*SQRT(A *B) and then moving closer or further away from the air handler until the 0.0
inch of water column point is located. Each type and capacity air handler will be slightly
different due to the differences in discharge air velocity.
4) Tangential wheel blowers do not generate static pressure well. The more common
centrifugal blower can generate static pressures within a duct to damp the variations in
the discharged air flow, while the tangential wheel can only vary the speed ofthe
discharged air in response to ambient parameters. Or stated another way, Bernoulli's
equation has both the gravitational and pressure terms equal to zero in a zero static
environment, leaving only the velocity term with a non-zero value and a very sensitive
flow system. Any changes in static pressure must come from a change in air velocity,
there is no other mechanism available.
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A. Air Flow Measurement
Federal Register / Vol. 78, No. 151 / Tuesday, August 6, 2013 / Notices
47689
B. Establishment of actual system performance
1) Due to this condenser design being a collection of independent refrigeration circuits, the
test methodology should evaluate individual systems and then sum the results of circuits
to arrive at accurate performance metrics, instead of averaging the results without
knowing the performance of each individual circuit.
2) ECR's proposed procedure would run all zones during the test, but measure the
performance of each individual zone, one at a time. This method minimizes the errors of
multiple combined zero static air handlers by ensuring that each circuit is operating
properly prior to the collection of data and calculation of DOE metrics. The data
recording and reduction shall not occur until there is certainty that each independent zone
is operating at its correct individual performance.
It should be noted that this product line has received waivers from the Department of Energy
in the past, specifically for Limited Range Multi-Zone Heat Pumps. However, these waivers
were rescinded due to the published test procedures becoming applicable to all unitary
products. These waivers designated the condensers as "limited range" heat pumps to allow
for their inability to defrost discrete zones. Controls were modified so as to allow individual
zones to call for a defrost cycle thereby negating the need for a waiver.
Interim Waiver
ECR also requests that the Department provide immediate reliefby grant of an interim
waiver, for the following reasons:
1. The petition for the waiver is likely to be granted. The Department has, as discussed
above, granted waivers for the multi-zone product line, albeit with a result towards test
procedures being granted for unitary products which cannot be easily analogized to the multizone product ofECR. ECR's process furthers the goal of the Energy Conservation Policy Act,
42 U.S.C. §6291 et seq., to provide consumers with accurate information regarding the energy
conservation attributes of the product.
2. Substantial economic harm and competitive disadvantage will result absent a
1ill~~~~TIlll!!·ill1!!;.lli
.
..
ECR sells" multi-zone systems per year and
has realized on average
in sales per year. However, it should be noted that multizone systems are usually a minor percentage of a larger order, used to solve limited condenser
~e~ The result~onomic impact is therefore closer to
_ _ _ _ , or nearly _
of total sales, in overall lost sales when an
individual sale is contingent on multi-zone availability. Furthermore, sales ofECR's remaining
product lines will suffer without a multi-zone offering. As discussed above, ECR has a
considerable history and economic impact in the communities in which it is located; Upstate
New York, and Central and Western New York in particular, have suffered from decades of
decline in the manufacturing sector.
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$.
47690
Federal Register / Vol. 78, No. 151 / Tuesday, August 6, 2013 / Notices
The specific sales information in this section (2) should be exempt from mandatory
public disclosure under the Freedom oflnformation Act, specifically 5 U.S.C.§552(b)(4). This
information has not been made publicly available by ECR nor is it publicly available through
alternative sources, and is typically proprietary to ECR and its competitors. Disclosure of this
information would result in a substantial advantage to ECR's competitors and therefore
substantial harm to ECR's competitive position.
Conclusion
ECR requests that the Department grant both the waiver and interim waiver from the existing
testing procedures as defined in 10 CFR 430, Subpart B, Appendix M and the third-party
standards incorporated by reference in that regulation, and that the alternative testing procedures
discussed above be adopted and approved as a representative test procedure for ECR.
ECR would be pleased to discuss this waiver request with the Department and shall provide
additional information as needed to the Department.
ECR International shall file a statement with the Department certifying the names and address of
each person to whom the notice of Petition for Waiver and Application for Interim Waiver has
been sent.
Very truly yours,
Ronald J. Passafaro
President and Chief Executive Officer
ECR International, Inc.
Of counsel:
Donald T. Ross
Phillips Lytle LLP
30 South Pearl Street, Suite PI
Albany, New York 12207
Phone: 518-472-1224
Fax: 518-472-1227
The following condenser basic model numbers comprise the scope of this Petition for Waiver
and Application for Interim Waiver, where each of the individual circuits of a multi-zone
condenser can have one of three air handlers combined with it to obtain over 270 unique,
complete systems.
S2CG2200D, S2CG9200D, S2CG9900D, T2CG2400D, T2CG4400D, T2CG8800D,
T2CG9800D, T3CG2220D, T3CG2240D, T3CG9920D, T3CG9980D, T3CG9990D,
T4CG2222D, T4CG9922D, T4CG9992D, T4CG9999D, S2HH2200D, S2HH9200D,
S2HH9900D, T2HG2400D, T2HG4400D, T2HG8800D, T2HG9800D, T3HG2220D,
T3HG2240D, T3HG9920D, T3HG9980D, T3HG9990D, T4HG2222D, T4HG9922D,
T4HG9992D, T4HG9999D
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APPENDIX A
Federal Register / Vol. 78, No. 151 / Tuesday, August 6, 2013 / Notices
The general project location is shown
in appendix 1.1
[FR Doc. 2013–18950 Filed 8–5–13; 8:45 am]
BILLING CODE 6450–01–C
Land Requirements for Construction
UGI plans to construct the facilities
using approximately one-half-acre of an
already disturbed area within its
Temple Facility. No additional
landowners would be crossed.
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP13–504–000]
UGI, Inc.; Notice of Intent to Prepare an
Environmental Assessment for the
Proposed Temple LNG Liquefaction
Upgrade and Request for Comments
on Environmental Issues
The staff of the Federal Energy
Regulatory Commission (FERC or
Commission) will prepare an
environmental assessment (EA) that will
discuss the environmental impacts of
the Temple LNG Liquefaction Upgrade
involving construction and operation of
facilities by UGI, Inc. (UGI) at its
Temple liquefied natural gas (LNG)
facility (Temple Facility) in Berks
County, Pennsylvania. This EA will be
used by the Commission in its decisionmaking process to determine whether
the project is in the public interest.
This notice announces the opening of
the scoping process the Commission
will use to gather input from the public
and interested agencies on the project.
Your input will help the Commission
staff determine what issues need to be
evaluated in the EA. Comments may be
submitted in written form or verbally.
Further details on how to submit
written comments are provided in the
Public Participation section of this
notice. Please note that the scoping
period will close on August 30, 2013.
This notice is being sent to the
Commission’s current environmental
mailing list for this project. State and
local government representatives are
asked to notify their constituents of this
proposed project and encourage them to
comment on their areas of concern.
tkelley on DSK3SPTVN1PROD with NOTICES
Summary of the Proposed Project
UGI plans to construct and operate
facilities to increase the liquefaction
capacity at its Temple Facility up to a
new maximum of 10,000 dekatherms
per day. According to UGI, the project
would improve the efficiency of the
Temple Facility and ensure the
reliability of LNG supply for UGI’s
customers.
The new facilities would consist of a
2000-horsepower nitrogen recycle
compressor, a vacuum insulated cold
box, a nitrogen compander, and
associated auxiliary equipment.
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The EA Process
The National Environmental Policy
Act (NEPA) requires the Commission to
take into account the environmental
impacts that could result from an action
whenever it considers an authorization
of a project. NEPA also requires us 2 to
discover and address concerns the
public may have about proposals. This
process is referred to as ‘‘scoping.’’ The
main goal of the scoping process is to
focus the analysis in the EA on the
important environmental issues. By this
notice, the Commission requests public
comments on the scope of the issues to
address in the EA. We will consider all
filed comments during the preparation
of the EA.
In the EA we will discuss impacts that
could occur as a result of the
construction and operation of the
proposed project under the general
headings of land use, air quality, noise,
and public safety. We do not expect
other resource areas to be impacted by
the proposed upgrade, which would
take place entirely within an existing
industrial-use facility.
We will also evaluate reasonable
alternatives to the proposed project or
portions of the project, and make
recommendations on how to lessen or
avoid impacts on the various resource
areas.
The EA will present our independent
analysis of the issues. It will be
available in the public record through
eLibrary. Depending on the comments
received during the scoping process, we
may also publish and distribute the EA
to the public for an allotted comment
period. We will consider all comments
on the EA before making our
recommendations to the Commission.
To ensure we have the opportunity to
consider and address your comments,
please carefully follow the instructions
1 The appendices referenced in this notice will
not appear in the Federal Register. Copies of
appendices were sent to all those receiving this
notice in the mail and are available at www.ferc.gov
using the link called ‘‘eLibrary’’ or from the
Commission’s Public Reference Room, 888 First
Street NE., Washington, DC 20426, or call (202)
502–8371. For instructions on connecting to
eLibrary, refer to the ‘‘Additional Information’’
section at the end of this notice.
2 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the
environmental staff of the Commission’s Office of
Energy Projects.
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47691
in the Public Participation section
below.
With this notice, we are asking
agencies with jurisdiction by law and/
or special expertise with respect to the
environmental issues of this project to
formally cooperate with us in the
preparation of the EA 3. Agencies that
would like to request cooperating
agency status should follow the
instructions for filing comments
provided under the Public Participation
section of this notice.
Public Participation
You can make a difference by
providing us with your specific
comments or concerns about the project.
Your comments should focus on the
potential environmental effects,
reasonable alternatives, and measures to
avoid or lessen environmental impacts.
The more specific your comments, the
more useful they will be. To ensure that
your comments are timely and properly
recorded, please send your comments so
that the Commission receives them in
Washington, DC on or before August 30,
2013.
For your convenience, there are three
methods you can use to submit your
comments to the Commission. In all
instances, please reference the project
docket number (CP13–504–000) with
your submission. The Commission
encourages electronic filing of
comments and has expert eFiling staff
available to assist you at (202) 502–8258
or efiling@ferc.gov.
(1) You can file your comments
electronically using the eComment
feature on the Commission’s Web site at
www.ferc.gov under the link to
Documents and Filings. This is an easy
method for interested persons to submit
brief, text-only comments on a project;
(2) You can file your comments
electronically by using the eFiling
feature on the Commission’s Web site at
www.ferc.gov under the link to
Documents and Filings. With eFiling,
you can provide comments in a variety
of formats by attaching them as a file
with your submission. New eFiling
users must first create an account by
clicking on ‘‘eRegister.’’ You must select
the type of filing you are making. If you
are filing a comment on a particular
project, please select ‘‘Comment on a
Filing’’; or
(3) You can file a paper copy of your
comments by mailing them to at the
following address: Kimberly D. Bose,
Secretary, Federal Energy Regulatory
3 The Council on Environmental Quality
regulations addressing cooperating agency
responsibilities are at Title 40, Code of Federal
Regulations, § 1501.6.
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]]>Agencies
[Federal Register Volume 78, Number 151 (Tuesday, August 6, 2013)]
[Notices]
[Pages 47681-47691]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18950]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CAC-041]
Notice of Petition for Waiver of ECR (ECR) International, Inc.
From the Department of Energy Residential Central Air Conditioners and
Heat Pumps Test Procedure, and Grant of Interim Waiver
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver, notice of grant of interim
waiver, and request for comments.
-----------------------------------------------------------------------
SUMMARY: This notice announces receipt of and publishes a petition for
waiver and application for interim waiver (``petition'') from ECR
International, Inc. (ECR) regarding specified portions of the U.S.
Department of Energy (DOE) test procedure for determining the energy
consumption of residential central air conditioners and heat pumps. In
its petition, ECR provides an alternate test procedure specific to EMI
multi-zone unitary small air conditioners and heat pumps. DOE solicits
comments, data, and information concerning ECR's petition and the
suggested alternate test procedure. Today's notice also grants ECR an
interim waiver from the existing DOE test procedures for the subject
EMI (Enviromaster International) multi-zone unitary small air
conditioners and heat pumps.
DATES: DOE will accept comments, data, and information with respect to
the ECR Petition until, but no later than September 5, 2013.
ADDRESSES: You may submit comments, identified by case number ``CAC-
041,'' by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Email: AS_Waiver_Requests@ee.doe.gov Include the case
number [Case No. CAC-041] in the subject line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J/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.
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., Washington, DC, 20024; (202) 586-2945, between
9:00 a.m. and 4:00 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 waivers and
rulemakings regarding similar refrigerator-freezer products. Please
call Ms. Brenda Edwards at the above telephone number for additional
information.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department
of Energy, Building Technologies Program, Mail Stop EE-2J, Forrestal
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121.
Telephone: (202) 586-0371. Email: Bryan.Berringer@ee.doe.gov.
Ms. Jennifer Tiedeman, U.S. Department of Energy, Office of the
General Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence
Avenue SW., Washington, DC 20585-0103. Telephone: (202) 287-6111.
Email: mailto:Jennifer.Tiedeman@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, Part B of the Energy Policy and Conservation Act of 1975
(EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified), added by
Public Law 95-619, Title IV, Sec. 441(a), established the Energy
Conservation Program for Consumer Products Other Than Automobiles, a
program covering most major household appliances, which includes the
residential central air conditioners and heat pumps that are the focus
of this notice.\1\ Part B includes definitions, test procedures,
labeling provisions, energy conservation standards, and the authority
to require information and reports from manufacturers. Further, Part B
authorizes the Secretary of Energy to prescribe test procedures that
are reasonably designed to produce results which measure the energy
efficiency, energy use, or estimated annual operating costs of a
covered product, and that are not unduly burdensome to conduct. (42
U.S.C. 6293(b)(3)) The test procedure for residential central air
conditioners and heat pumps is contained in 10 CFR part 430, subpart B,
appendix M (referred to in this notice as ``Appendix M'').
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
---------------------------------------------------------------------------
The regulations set forth in 10 CFR 430.27 contain provisions that
enable a person to seek a waiver from the test procedure requirements
for covered products. The Assistant Secretary for Energy Efficiency and
Renewable Energy (the Assistant Secretary) will grant a waiver if it is
determined that the basic model for which the petition for waiver was
submitted contains one or more design characteristics that prevents
testing of the basic model according to the prescribed test procedures,
or if the prescribed test procedures may evaluate the basic model in a
manner so unrepresentative of its true energy consumption
characteristics as to provide materially
[[Page 47682]]
inaccurate comparative data. 10 CFR 430.27(l). A petitioner must
include in its petition any alternate test procedures known to the
petitioner to evaluate the basic model in a manner representative of
its energy consumption. The Assistant Secretary may grant the waiver
subject to conditions, including adherence to alternate test
procedures. 10 CFR 430.27(l). Waivers remain in effect pursuant to the
provisions of 10 CFR 430.27(m).
The waiver process also allows the Assistant Secretary to grant an
interim waiver from test procedure requirements to manufacturers that
have petitioned DOE for a waiver of such prescribed test procedures. 10
CFR 430.27(g). An interim waiver remains in effect for 180 days or
until DOE issues its determination on the petition for waiver,
whichever occurs earlier. DOE may extend an interim waiver for an
additional 180 days. 10 CFR 430.27(h).
II. Petition for Waiver of Test Procedure and Application for Interim
Waiver
On March 26, 2013, ECR submitted a petition for waiver and
application for interim waiver (``petition'') from the test procedure
applicable to residential central air conditioners and heat pumps set
forth in 10 CFR part 430, subpart B, appendix M. ECR seeks a waiver
from the applicable test procedure because, ECR asserts that the
prescribed test procedures yield results that are unrepresentative of
actual energy consumption for ECR's Enviromaster International
(``EMI'') line of multi-zone unitary small air conditioners and heat
pumps. In its petition, ECR asserts that the DOE test procedures
currently applicable to these products do not sufficiently address the
unique configuration of those products, and therefore do not produce
results that are (1) representative of their energy consumption
characteristics or (2) consistent, accurate and repeatable. In order to
be assured that it is correctly calculating the energy consumption of
the product, that it meets the minimum energy requirements for its
product class, and is properly labeled, ECR proposes to use an
alternate test procedure for testing its models.
ECR also requests an interim waiver from the existing DOE test
procedure. An interim waiver may be granted if it is determined that
the applicant will experience economic hardship if the application for
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 of the petition for waiver. 10 CFR
430.27(g).
DOE has determined that ECR's application for interim waiver does
not provide sufficient market, equipment price, shipments and other
manufacturer impact information to permit DOE to evaluate the economic
hardship ECR might experience absent a favorable determination on its
application for interim waiver. However, DOE has determined based upon
a technical evaluation of ECR's proposed alternate test method and the
characteristics of the products addressed by the petition, that it is
likely ECR's petition will be granted, and that it is desirable for
public policy reasons to grant ECR relief pending a determination on
the petition. DOE has determined that it is desirable to have similar
basic models tested in a consistent manner.
For the reasons stated above, DOE grants ECR's application for
interim waiver from testing of its multi-zone unitary small air
conditioners and heat pumps product line. Therefore, it is ordered
that:
The application for interim waiver filed by ECR is hereby granted
for the specified ECR multi-zone unitary small air conditioners and
heat pumps basic models, subject to the specifications and conditions
below. ECR shall be required to test or rate the specified multi-zone
unitary small air conditioners and heat pumps products according to the
alternate test procedure as set forth in section III, ``Alternate Test
Procedure.''
The interim waiver applies to the following basic model groups:
S2CG2200D, S2CG9200D, S2CG9900D, T2CG2400D, T2CG4400D, T2CG8800D,
T2CG9800D, T3CG2220D, T3CG2240D, T3CG9920D, T3CG9980D, T3CG9990D,
T4CG2222D, T4CG9922D, T4CG9992D, T4CG9999D, S2HH2200D, S2HH9200D,
S2HH9900D, T2HG2400D, T2HG4400D, T2HG8800D, T2HG9800D, T3HG2220D,
T3HG2240D, T3HG9920D, T3HG9980D, T3HG9990D, T4HG2222D, T4HG9922D,
T4HG9992D, T4HG9999D
DOE makes decisions on waivers and interim waivers for only those
models specifically set out in the petition, not future models that may
be manufactured by the petitioner. ECR may submit a subsequent petition
for waiver and request for grant of interim waiver, as appropriate, for
additional models of its multi-zone unitary small air conditioners and
heat pumps for which it seeks a waiver from the DOE test procedure. In
addition, DOE notes that a grant of an interim waiver or waiver does
not release a petitioner from the certification requirements set forth
at 10 CFR part 429.
Further, this interim waiver is conditioned upon the presumed
validity of statements, representations, and documents provided by the
petitioner. DOE may revoke or modify this interim waiver at any time
upon a determination that the factual basis underlying the petition for
waiver is incorrect, or upon a determination that the results from the
alternate test procedure are unrepresentative of the basic models' true
energy consumption characteristics.
III. Alternate Test Procedure
EPCA requires that manufacturers use DOE test procedures to make
representations about the energy consumption and energy consumption
costs of products covered by the statute. (42 U.S.C. 6293(c))
Consistent representations are important for manufacturers to use in
making representations about the energy efficiency of their products
and to demonstrate compliance with applicable DOE energy conservation
standards. Pursuant to its regulations applicable to waivers and
interim waivers from applicable test procedures at 10 CFR 430.27, DOE
will consider setting an alternate test procedure for ECR in a
subsequent Decision and Order.
In its petition, ECR states that for its multi-zone unitary small
air conditioners and heat pumps models, tests using the DOE test
procedure for residential central air conditioners and heat pumps at 10
CFR part 430, subpart B, appendix M (``Appendix M'') is inapplicable to
their products and would result in measurements of energy use that are
not representative of these models' actual energy use. Thus, during the
period of the interim waiver granted in this notice, ECR shall test its
multi-zone unitary small air conditioners and heat pump basic models
according to the existing DOE test procedure at 10 CFR part 430,
subpart B, appendix M with the modifications set forth below.
1. Section 3.1.4.1.2 is replaced with the following:
3.1.4.1.2 Cooling Full-load Air Volume Rate for Non-ducted Units.
For non-ducted units, run the unit in a free air state (i.e., without
the plenum, duct work, and air sampling apparatus attached to the
outlet of the indoor unit) at the A test conditions. After condensate
has dripped from the coil for no less than 10 minutes and air entering
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the indoor unit meets the specified test conditions, measure and record
the blower motor RPM, current, and power consumption for each indoor
unit. For all tests that require the Cooling Full-load Air Volume Rate,
adjust the air flow until the blower motor has the same RPM, current,
and power consumption as measured when operating in a free air state.
2. Section 3.1.4.4.4 is replaced with the following:
3.1.4.4.4 Non-ducted heat pumps, including non-ducted heating-only
heat pumps. For non-ducted heat pumps, run the heat pump in a free air
state (i.e., without the plenum, duct work, and air sampling apparatus
attached to the outlet of the indoor unit) at the H1 test conditions.
After the unit has operated for 30 minutes and the air entering the
indoor unit meets the specified test conditioners, measure and record
the blower motor RPM, current, and power consumption for each indoor
unit. For all tests that require the Heating Full-load Air Volume Rate,
adjust the air flow until the blower motor has the same RPM, current,
and power consumption as measured when operating in a free air state.
3. In performance of section 3.1.7 when testing a non-ducted air
conditioner, establish the Cooling Full-load Air Volume Rate first
according to section 3.1.4.1.2 prior to conducting the A, B, C, or D
tests. When testing a non-ducted heat pump establish the Heating Full-
load Air Volume Rate first according to section 3.1.4.4.4. When
conducting an optional cyclic test, always conduct it immediately after
the steady-state test that requires the same test conditions. For
variable-speed systems, the first test using the Cooling Minimum Air
Volume Rate should precede the EV Test if one expects to adjust the
indoor fan control options when preparing for the first Minimum Air
Volume Rate test. Under the same circumstances, the first test using
the Heating Minimum Air Volume Rate should precede the H2V Test. When
testing multi-split systems where each indoor unit operates
independently and has an independent refrigeration circuit, conduct a
set of cooling and/or heating tests, if applicable, for each indoor
unit individually, but run all units during each test. To measure the
cooling capacity conduct the tests specified in section 3.2.1 for each
indoor unit. To measure the heating performance, conduct the tests
specified in section 3.6.1 for each indoor unit.
4. In section 3.3, perform the pretest interval in paragraph (a) as
written, except for non-ducted units use the exhaust fan or the airflow
measuring apparatus to obtain and then maintain the blower motor RPM,
current, and power consumption as measured when operating in a free air
state, according to section 3.1.4.1.2. Locate the pressure tap for each
air handler first at the prescribed ASHRAE 41.2 distance of 2*SQRT(A*B)
and then adjust the position by moving the installation point closer or
further away from the air handler until the 0.0 inch of water column
point is located.
For multi-split systems where each indoor unit operates
independently and has an independent refrigeration circuit, sum the
average total space cooling capacity of each individual indoor unit
test and assign to Qc(T), and take the mean of the average electrical
power consumption for each individual indoor unit test assign to Ec(T).
Replace the ``T'' with the nominal outdoor temperature at which the
test was conducted.
5. In performance of section 3.4, for multi-split systems where
each indoor unit operates independently and has an independent
refrigeration circuit, sum the total space cooling capacity of each
individual indoor unit test and assign to Qss,dry, and take the mean of
the average electrical power consumption for each individual indoor
unit test and assign to Ess,dry.
6. In performance of section 3.5, for multi-split systems where
each indoor unit operates independently and has an independent
refrigeration circuit, sum the total space cooling of each individual
indoor unit test and assign to qcyc,dry, and take the mean
of the electrical energy consumption of each indoor unit test and
assign to ecyc,dry.
7. In performance of section 3.5.3, for multi-split systems where
each indoor unit operates independently and has an independent
refrigeration circuit, take the average of the result from the cooling
load factor calculation performed for each individual indoor unit test
and assign to CLF.
8. In performance of section 3.7, the pretest interval of paragraph
(a) shall be performed as written, except use the exhaust fan or the
airflow measuring apparatus to obtain and then maintain the blower
motor RPM, current, and power consumption as measured when operating in
a free air state, according to section 3.1.4.4.4. Locate the pressure
tap for each air handler first at the prescribed ASHRAE 41.2 distance
of 2*SQRT(A*B) and then adjust the position by moving the installation
point closer or further away from the air handler until the 0.0 inch of
water column point is located.
To calculate the overall result of the section 3.7 tests for multi-
split systems where each indoor unit operates independently and has an
independent refrigeration circuit, sum the average space heating
capacity of each individual indoor unit test and assign to
Qh(T), and take the average of the electrical power
consumption of each individual indoor unit test and assign to
Eh(T). Replace the ``T'' with the nominal outdoor
temperature at which the test was conducted.
9. In performance of section 3.8, for multi-split systems where
each indoor unit operates independently and has an independent
refrigeration circuit, sum the total space heating of each individual
indoor unit test and assign to qcyc, and take the average of
the electrical energy consumption of each individual indoor unit test
and assign to ecyc.
10. In performance of section 3.8.1, for multi-split systems where
each indoor unit operates independently and has an independent
refrigeration circuit, take the mean of the result from the heating
load factor calculation performed for each individual indoor unit test
and assign to HLF.
11. In performance of section 3.9.1, for multi-split systems where
each indoor unit operates independently and has an independent
refrigeration circuit, perform the calculations specified in section
3.9.1a though section 3.9.1d, as needed, for each indoor unit and
assign to Qh\k\(35) the sum of the capacity results and
assign to to Eh\k\(35) the average of the power results.
12. In performance of section 3.9.2, for multi-split systems where
each indoor unit operates independently and has an independent
refrigeration circuit, determine the demand defrost credit for each
indoor unit and assign the average of the result to Fdef.
13. In performance of section 3.10, for multi-split systems where
each indoor unit operates independently and has an independent
refrigeration circuit, sum the average space heating capacity of each
individual indoor unit test and assign to
Qhk(17), and take the mean of the electrical
power consumption of each indoor unit and assign to
Ehk(17).
IV. Summary and Request for Comments
Through today's notice, DOE announces receipt of ECR's petition for
waiver from the test procedures applicable to residential central air
conditioners and heat pumps, and grants an interim waiver to ECR. As
part of this notice, DOE is publishing ECR's petition for waiver in its
entirety pursuant to 10 CFR 431.401(b)(1)(iv). Confidential business
information has been redacted from the petition. The
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petition includes a suggested alternate test procedure to measure the
energy consumption of central air conditioners and heat pumps basic
models. Furthermore, today's notice includes an alternate test
procedure that ECR is required to follow as a condition of its interim
waiver. ECR would be required to use this modified version of the
Appendix M for testing and rating its products in accordance with the
testing and certification requirements of 10 CFR part 429.
DOE solicits comments from interested parties on all aspects of the
petition. Any person submitting written comments to DOE must also send
a copy of such comments to the petitioner. 10 CFR 430.27(d). The
contact information for the petitioner is: Ronald J. Passafaro,
President and Chief Executive Officer, ECR International, Inc., 2201
Dwyer Ave., Utica, NY 13501. 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).
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 to DOE: 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.
Issued in Washington, DC, on July 31, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
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[FR Doc. 2013-18950 Filed 8-5-13; 8:45 am]
BILLING CODE 6450-01-C
