Energy Conservation Program: Test Procedure for Three-Phase Commercial Air-Cooled Air Conditioners and Heat Pumps With a Certified Cooling Capacity of Less Than 65,000 Btu/h, 49501-49506 [2018-21401]
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Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Proposed Rules
that the average grower price for the
2018–19 season should be
approximately $8.30 per 4/5-bushel
cartons of citrus. Therefore, the
estimated assessment revenue for the
2018–19 crop year as a percentage of
total grower revenue would be about 0.2
percent.
This proposed rule would decrease
the assessment obligation imposed on
handlers. Assessments are applied
uniformly on all handlers, and some of
the costs may be passed on to
producers. However, decreasing the
assessment rate reduces the burden on
handlers and may also reduce the
burden on producers.
The Committee’s meeting was widely
publicized throughout the Florida citrus
industry. All interested persons were
invited to attend the meeting and
participate in Committee deliberations
on all issues. Like all Committee
meetings, the July 17, 2018, meeting was
a public meeting and all entities, both
large and small, were able to express
views on this issue. Interested persons
are invited to submit comments on this
proposed rule, including the regulatory
and information collection impacts of
this action on small businesses.
Based on its evaluation of the
Committee recommendation and other
available information, USDA has
determined that a modification of the
assessment rate for the 2018–19 Florida
citrus fiscal period would be
appropriate. Therefore, USDA issues
this proposed rule.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the Order’s information
collection requirements have been
previously approved by the OMB and
assigned OMB No. 0581–0189, Fruit
Crops. No changes in those
requirements would be necessary as a
result of this proposed rule. Should any
changes become necessary, they would
be submitted to OMB for approval.
This proposed rule would not impose
any additional reporting or
recordkeeping requirements on either
small or large Florida citrus handlers.
As with all Federal marketing order
programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies.
AMS is committed to complying with
the E-Government Act, to promote the
use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
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USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this proposed rule.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
rules-regulations/moa/small-businesses.
Any questions about the compliance
guide should be sent to Richard Lower
at the previously mentioned address in
the FOR FURTHER INFORMATION CONTACT
section.
List of Subjects in 7 CFR Part 905
Grapefruit, Marketing agreements,
Oranges, Pummelos, Reporting and
recordkeeping requirements,
Tangerines.
For the reasons set forth in the
preamble, 7 CFR part 905 is proposed to
be amended as follows:
PART 905—ORANGES, GRAPEFRUIT,
TANGERINES, AND PUMMELOS
GROWN IN FLORIDA
1. The authority citation for 7 CFR
part 905 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Section 905.235 is revised to read
as follows:
■
§ 905.235
Assessment rate.
On and after August 1, 2018, an
assessment rate of $0.015 per 4/5-bushel
carton or equivalent is established for
Florida citrus covered under the Order.
Dated: September 27, 2018.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2018–21424 Filed 10–1–18; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE–2017–BT–TP–0031]
Energy Conservation Program: Test
Procedure for Three-Phase
Commercial Air-Cooled Air
Conditioners and Heat Pumps With a
Certified Cooling Capacity of Less
Than 65,000 Btu/h
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Request for information.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) is initiating a data
collection process through this request
for information (‘‘RFI’’) to consider
whether to amend its test procedure for
SUMMARY:
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three-phase commercial air-cooled air
conditioners and heat pumps with a
cooling capacity of less than 65,000
British thermal units per hour
(‘‘Btu/h’’). To inform interested parties
and to facilitate this process, DOE has
gathered data, identifying several issues
associated with the currently applicable
test procedures on which DOE is
interested in receiving comment. The
issues outlined in this document mainly
concern three-phase commercial aircooled air conditioners and heat pumps
with a cooling capacity of less than
65,000 Btu/h and whether the test
procedure and certification and
compliance provisions for this
equipment should align with those
provisions that apply to single-phase
central air conditioners and heat pumps
with rated cooling capacities of less
than 65,000 Btu/h; and any additional
topics that may inform DOE’s decisions
in a future test procedure rulemaking,
including methods to reduce regulatory
burden while ensuring the procedure’s
accuracy. DOE welcomes written
comments from the public on any
subject within the scope of this
document (including topics not raised
in this RFI).
DATES: Written comments and
information are requested and will be
accepted on or before December 3, 2018.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
https://www.regulations.gov. Follow the
instructions for submitting comments.
Alternatively, interested persons may
submit comments, identified by docket
number EERE–201X–BT–TP–0031, by
any of the following methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
2. Email:
AirCooledACHP2017TP0031@
ee.doe.gov. Include EERE–2017–BT–
TP–0031 in the subject line of the
message. Submit electronic comments
in WordPerfect, Microsoft Word,
portable document format (PDF), or
American Standard Code for
Information Interchange (ASCII) file
format, and avoid the use of special
characters or any form of encryption.
3. Postal Mail: Appliance and
Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, Mailstop EE–5B,
1000 Independence Avenue SW,
Washington, DC 20585–0121. If
possible, please submit all items on a
compact disc (CD), in which case it is
not necessary to include printed copies.
4. Hand Delivery/Courier: Appliance
and Equipment Standards Program, U.S.
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Department of Energy, Building
Technologies Office, 950 L’Enfant Plaza
SW, 6th Floor, Washington, DC 20024.
Telephone: (202) 287–1445. If possible,
please submit all items on a CD, in
which case it is not necessary to include
printed copies.
No telefacsimilies (faxes) will be
accepted. For detailed instructions on
submitting comments and additional
information on this process, see section
III of this document.
Docket: The docket for this activity,
which includes Federal Register
notices, comments, and other
supporting documents/materials, is
available for review at https://
www.regulations.gov. All documents in
the docket are listed in the https://
www.regulations.gov index. However,
some documents listed in the index,
such as those containing information
that is exempt from public disclosure,
may not be publicly available.
The docket web page can be found at:
https://www.regulations.gov/
docketBrowser?rpp=25&po=0&D=EERE2017-BT-TP-0031. The docket web page
contains simple instructions on how to
access all documents, including public
comments, in the docket. See Section III
for further information on how to
submit comments through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Antonio Bouza, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 586–
4563. Email: Antonio.Bouza@
ee.doe.gov.
Mr. Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585. Telephone:
(202) 586–8145. Email: Michael.Kido@
hq.doe.gov.
For further information on how to
submit a comment or review other
public comments and the docket,
contact the Appliance and Equipment
Standards Program staff at (202) 287–
1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
SUPPLEMENTARY INFORMATION:
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Table of Contents
I. Introduction
A. Authority and Background
B. Rulemaking History
II. Request for Information
A. Scope & Definition
B. Test Procedure
1. Industry Standard
2. Updates to the Federal Test Method
3. Harmonization
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C. Other Test Procedure Topics
III. Submission of Comments
I. Introduction
Three-phase commercial air-cooled
air conditioners and heat pumps with a
cooling capacity of less than 65,000 Btu/
h are included in the list of ‘‘covered
equipment’’ for which DOE is
authorized to establish and amend
energy conservation standards and test
procedures. (42 U.S.C. 6311(1)(B))
DOE’s test procedure for three-phase
commercial air-cooled air conditioners
and heat pumps with a cooling capacity
of less than 65,000 Btu/h is prescribed
at 10 CFR 431.96. The following
sections discuss DOE’s authority to
establish and amend the test procedure
for three-phase commercial air-cooled
air conditioners and heat pumps with a
cooling capacity of less than 65,000 Btu/
h, as well as relevant background
information regarding DOE’s
consideration of test procedures for this
equipment.
A. Authority and Background
The Energy Policy and Conservation
Act of 1975 (‘‘EPCA’’ or ‘‘the Act’’),1
Public Law 94–163 (42 U.S.C. 6291–
6317, as codified), among other things,
authorizes DOE to regulate the energy
efficiency of a number of consumer
products and industrial equipment.
Title III, Part C 2 of EPCA, added by
Public Law 95–619, Title IV, § 441(a),
established the Energy Conservation
Program for Certain Industrial
Equipment, which sets forth a variety of
provisions designed to improve energy
efficiency. This equipment includes
small commercial package air
conditioning and heating equipment—
which includes three-phase commercial
air-cooled air conditioners and heat
pumps with a cooling capacity of less
than 65,000 Btu/h, the subject of this
RFI. (42 U.S.C. 6311(1)(B); 42 U.S.C.
6311(8)(B))
Under EPCA, the energy conservation
program consists essentially of four
parts: (1) Testing, (2) labeling, (3)
Federal energy conservation standards,
and (4) certification and enforcement
procedures. Relevant provisions of the
Act include definitions (42 U.S.C. 6311),
energy efficiency standards (42 U.S.C.
6313), test procedures (42 U.S.C. 6314),
labeling provisions (42 U.S.C. 6315),
and the authority to require information
and reports from manufacturers (42
U.S.C. 6316).
1 All references to EPCA in this document refer
to the statute as amended through the Energy
Efficiency Improvement Act of 2015 (EEIA 2015),
Public Law 114–11 (April 30, 2015).
2 For editorial reasons, upon codification in the
U.S. Code, Part C was redesignated Part A–1.
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Federal energy efficiency
requirements for covered equipment
established under EPCA generally
supersede State laws and regulations
concerning energy conservation testing,
labeling, and standards. (42 U.S.C.
6316(a) and (b); 42 U.S.C. 6297) DOE
may, however, grant a Federal
preemption waiver to a State for a
standard prescribed or established
under 42 U.S.C. 6313(a)—which details
DOE’s authority for setting standards
applying to commercial package air
conditioning and heating equipment—
in accordance with specific criteria. See
42 U.S.C. 6316(b)(2)(D).
The Federal testing requirements
consist of test procedures that
manufacturers of covered equipment
must use as the basis for: (1) Certifying
to DOE that their equipment complies
with the applicable energy conservation
standards adopted pursuant to EPCA (42
U.S.C. 6316(b); 42 U.S.C. 6296), and (2)
making representations about the
efficiency of that equipment (42 U.S.C.
6314(d)). Similarly, DOE must use these
test procedures to determine whether
the equipment complies with relevant
standards promulgated under EPCA.
Under 42 U.S.C. 6314, EPCA sets forth
the criteria and procedures DOE follows
when prescribing or amending test
procedures for covered equipment.
EPCA requires that any test procedures
prescribed or amended under this
section must (1) be reasonably designed
to produce test results which reflect the
energy efficiency, energy use or
estimated annual operating cost of a
covered equipment during a
representative average use cycle or
period of use and (2) not be unduly
burdensome to conduct. (42 U.S.C.
6314(a)(2)).
As a category of commercial package
air conditioning and heating equipment,
EPCA requires that the test procedures
for this equipment—including threephase systems with capacities of less
than 65,000 Btu/h—be those generally
accepted industry testing procedures or
rating procedures developed or
recognized by the Air-Conditioning,
Heating, and Refrigeration Institute
(‘‘AHRI’’) or by the American Society of
Heating, Refrigerating and AirConditioning Engineers (‘‘ASHRAE’’), as
referenced in ASHRAE Standard 90.1,
‘‘Energy Standard for Buildings Except
Low-Rise Residential Buildings’’
(‘‘ASHRAE Standard 90.1’’). (42 U.S.C.
6314(a)(4)(A)) Further, if such an
industry test procedure is amended,
DOE must amend its test procedure to
be consistent with the amended
industry test procedure, unless DOE
determines, by rule published in the
Federal Register and supported by clear
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and convincing evidence, that such
amended test procedure would not meet
the requirements in 42 U.S.C. 6314(a)(2)
and (3) related to representative use and
test burden. (42 U.S.C. 6314(a)(4)(B))
In addition, if DOE determines that a
test procedure amendment is
appropriate, it must publish proposed
test procedures and offer the public an
opportunity to present oral and written
comments on them. (42 U.S.C. 6314(b))
EPCA also requires that, at least once
every 7 years, DOE evaluate test
procedures for each type of covered
equipment, including those at issue
here, to determine whether an amended
test procedure would more accurately or
fully comply with the requirements that
the procedure not be unduly
burdensome to conduct and be
reasonably designed to produce test
results that reflect energy efficiency,
energy use, and estimated operating
costs during a representative average
use cycle. (42 U.S.C. 6314(a)(1)) In
addition, if DOE determines that a test
procedure amendment is warranted, it
must publish proposed test procedures
and offer the public an opportunity to
present oral and written comments on
them. (42 U.S.C. 6314(b)) If DOE
determines that test procedure revisions
are not appropriate, DOE must publish
its determination not to amend the test
procedures. (42 U.S.C. 6314(a)(1)(A)(ii))
DOE is publishing this RFI to collect
data and information to inform its
decision consistent with its obligations
under EPCA.
B. Rulemaking History
DOE’s test procedure for three-phase
commercial air-cooled air conditioners
and heat pumps with a cooling capacity
of less than 65,000 Btu/h is codified at
10 CFR 431.96. The test procedure was
last amended on May 16, 2012, to
incorporate by reference ANSI/AHRI
Standard 210/240–2008, ‘‘2008
Standard for Performance Rating of
Unitary Air-Conditioning & Air-Source
Heat Pump Equipment,’’ approved by
ANSI on October 27, 2011, and updated
by addendum 1 in June 2011 and
addendum 2 in March 2012 (‘‘AHRI
210/240–2008’’). 77 FR 28928 (May 16,
2012). The May 2012 final rule also
established additional testing
requirements at 10 CFR 431.96(c) and
(e), applicable to measuring seasonal
energy efficiency ratio (‘‘SEER’’) and
heating seasonal performance factor
(‘‘HSPF’’) for this equipment. Id.
ASHRAE Standard 90.1 was updated on
October 26, 2016,3 but did not revise the
3 There is no publication date printed on
ASHRAE Standard 90.1–2016, but ASHRAE issued
a press release on October 26, 2016, which can be
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test procedures for three-phase
commercial air-cooled air conditioners
and heat pumps with a cooling capacity
of less than 65,000 Btu/h. In late 2017,
AHRI published an updated version of
its standard, AHRI 210/240–2017. As
outlined further in this document, that
updated standard made a number of
changes that are of relevance to DOE’s
current procedure.
three-phase air-cooled single-package
heat pumps, three-phase air-cooled
split-system air conditioners, and threephase air-cooled split-system heat
pumps. This RFI seeks comment on the
test procedure applicable to all four
equipment classes.
II. Request for Information
In the following sections, DOE has
identified a variety of issues on which
it seeks input to aid in the development
of the technical and economic analyses
regarding whether to amend the test
procedures for three-phase commercial
air-cooled air conditioners and heat
pumps with a cooling capacity of less
than 65,000 Btu/h. Specifically, DOE is
requesting comment on opportunities to
streamline and simplify the testing
requirements for this equipment.
Additionally, DOE welcomes
comments on other issues relevant to
the conduct of this process that may not
specifically be identified in this
document. In particular, DOE notes that
under Executive Order 13771,
‘‘Reducing Regulation and Controlling
Regulatory Costs,’’ Executive Branch
agencies such as DOE are directed to
manage the costs associated with the
imposition of expenditures required to
comply with Federal regulations. See 82
FR 9339 (Feb. 3, 2017). Consistent with
that Executive Order, DOE encourages
the public to provide input on measures
DOE could take to lower the cost of its
regulations applicable to the equipment
at issue in a manner consistent with the
requirements of EPCA.
As noted, the current DOE test
procedure at 10 CFR 431.96 for threephase commercial air-cooled air
conditioners and heat pumps with a
cooling capacity of less than 65,000
Btu/h incorporates by reference AHRI
210/240–2008 (except section 6.5),
which is also referenced in the current
version of ASHRAE Standard 90.1 (i.e.,
‘‘ASHRAE 90.1–2016’’). AHRI 210/240–
2008 includes as normative appendix C
the entirety of 10 CFR part 430, subpart
B, appendix M (‘‘Appendix M’’) as
amended by a final rule published on
October 22, 2007. (72 FR 59906)
Appendix M provides the test procedure
for determining the efficiency of singlephase central air conditioners and heat
pumps with rated cooling capacities of
less than 65,000 Btu/h, a consumer
product covered under 10 CFR part 430.
In late 2017, AHRI updated the
incorporated industry standard,
releasing AHRI 210/240–2017. Many of
the revisions in the update attempted to
harmonize AHRI 210/240–2017 with the
updated federal test method for singlephase central air conditioners and heat
pumps with rated cooling capacities of
less than 65,000 Btu/h. AHRI 210/240–
2017 no longer includes any version of
Appendix M as a normative appendix,
but has integrated requirements
consistent with Appendix M throughout
the standard.4 AHRI 210/240–2017 also
includes additional updates beyond
integrating the revised Appendix M.
DOE understands that these changes, if
adopted, would not conflict with
Appendix M and would be highly
unlikely to impact the measured
efficiency of the subject equipment
during a representative average use
cycle as compared to conducting a test
relying on the provisions already
contained in Appendix M.5
A. Scope and Definition
Three-phase commercial air-cooled
air conditioners and heat pumps with a
cooling capacity of less than 65,000
Btu/h are a category of small
commercial package air conditioning
and heating equipment. Commercial
package air-conditioning and heating
equipment may be air-cooled, watercooled, evaporatively-cooled, or water
sourced (not including ground water
source), and are electrically-operated,
unitary central air conditioners or
central air-conditioning heat pumps that
are used for commercial applications. 10
CFR 431.92.
Three-phase commercial air-cooled
air conditioners and heat pumps with a
cooling capacity of less than 65,000
Btu/h are further disaggregated into four
equipment classes: Three-phase aircooled single-package air conditioners,
found at https://www.ashrae.org/news/2016/
ashraeies-publish-2016-energy-efficiency-standard.
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B. Test Procedure
1. Industry Standard
4 The inclusion of Appendix M as a normative
appendix indicated that Appendix M was required
to be followed when testing in accordance with
AHRI 210/240–2008. As a result, AHRI’s direct
integration of Appendix M’s provisions into AHRI
210/240–2017 achieves the same objective without
the need for the previous normative appendix.
5 For example, AHRI 210/240–2017 has stricter
requirements for heat balance than does Appendix
M, which also would be acceptable under
Appendix M (i.e., they are not less strict
requirements).
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2. Updates to the Federal Test Method
On June 8, 2016, subsequent to the
incorporation of Appendix M into AHRI
210/240–2008, DOE published a test
procedure final rule that amended
Appendix M. 81 FR 36992 (‘‘June 2016
final rule’’).6 DOE further amended
Appendix M in a final rule published on
January 5, 2017, to improve test
repeatability, reduce testing burden, and
improve the accuracy of field
representativeness of the testing values
without impacting the measured energy
consumption. 82 FR 1426 (‘‘January
2017 final rule’’). The January 2017 final
rule also established Appendix M1,
which specifies new efficiency metrics
SEER2, EER2, and HSPF2 that, while
based on the efficiency metrics in
Appendix M for cooling and heating
performance, generally have different
numerical values than the metrics used
in Appendix M. 10 CFR part 430,
subpart B, appendix M1 (‘‘Appendix
M1’’). These new metrics were
developed to avoid confusion with the
metrics that are currently in use under
Appendix M. See 82 FR 1437
(explaining DOE’s decision to adopt
new metrics SEER2, EER2, and HSPF2).
Beginning on January 1, 2023, efficiency
representations for single-phase central
air conditioners and heat pumps with
rated cooling capacities of less than
65,000 Btu/h must be based on the test
procedure in Appendix M1. Both
Appendix M and Appendix M1
reference AHRI 210/240–2008, sections
6.1.3.2, 6.1.3.4, 6.1.3.5 and figures D1,
D2, D4, along with sections of AHRI
1230–2010, ASHRAE 23.1–2010,
ASHRAE 37–2009, ASHRAE 41.1–2013,
ASHRAE 41.2–1987 (RA 1992),
ASHRAE 41.6–2014, ASHRAE 41.9–
2011, ASHRAE 116–2010, and AMCA
210–2007.
Additionally, both the June 2016 and
the January 2017 final rules adopted
amendments related to the certification,
compliance, and enforcement of singlephase central air conditioners and heat
pumps with rated cooling capacities of
less than 65,000 Btu/h, codified in 10
CFR part 429. The amendments
included revisions to the basic model
definition, clarifying definitions,
revisions to the testing and other
requirements for determining
represented values, additional
certification reporting requirements, and
additional product-specific enforcement
provisions.
6 A correction was issued on August 18, 2016,
correcting a number of editorial errors. 81 FR
55111.
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3. Harmonization
DOE understands that the equipment
at issue are often nearly identical to
single-phase central air conditioners
and heat pumps with rated cooling
capacities of less than 65,000 Btu/h.
Specifically, DOE understands that
three-phase equipment models generally
are manufactured on the same
production lines and are physically
identical to their corresponding singlephase central air conditioner and heat
pump models—with the exception
generally being that the former have
three-phase electrical systems—and use
components—primarily compressors—
that are designed for three-phase power
input. Other key operational
components, such as heat exchangers
and fans, are typically identical for
three-phase and single-phase designs of
a given model family. In addition, DOE
found that most manufacturers’ model
numbers for single-phase products and
three-phase equipment are
interchangeable and that there is
consistency in energy efficiency ratings
between them, i.e., three-phase and
single-phase models of the same unit
have the same efficiency. See, e.g., 80
FR 42614, 42622 (July 17, 2015).
In light of these facts, DOE is
considering whether to harmonize the
test procedures for three-phase
commercial air-cooled air conditioners
and heat pumps with capacities of less
than 65,000 Btu/h with those used to
test single-phase central air conditioners
and heat pumps with capacities of less
than 65,000 Btu/h.7 Having the same
test procedure for essentially identical
equipment may reduce manufacturer
burden as compared to having to follow
two separate test procedures.
Furthermore, reliance on the current
version of Appendix M (or Appendix
M1 8), as opposed to the prior version
referenced in AHRI 210/240–2008,
would capture the amendments DOE
has made to improve test repeatability
and reduce burden, which may lead to
improved manufacturer and consumer
confidence in ratings. Additionally,
harmonization of the test procedures
would provide for more comparable
information between the three-phase
equipment and the single-phase
7 The current standards in effect for the threephase systems and the single-phase systems are
presently harmonized. (See Tables 3 and 4 to 10
CFR 431.97 and 10 CFR 430.32(c)(1).)
8 Beginning January 1, 2023, manufacturers will
be required to test and certify single-phase central
air conditioner and heat pumps to the test
procedure in Appendix M1. The changes in
Appendix M1 likely will impact the measured
energy efficiency of tested units, and such impacts
are reflected in the amended energy conservation
standards that apply to these products beginning
January 1, 2023. 82 FR 1786 (January 6, 2017).
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products. Commercial customers
considering either single-phase or threephase equipment would have ratings for
both that are based on identical testing
requirements when evaluating product
options. For these reasons, DOE is
weighing whether to modify its
procedure for the equipment at issue by
referencing the most recently updated
version of the test procedure applicable
to single-phase central air conditioners
(i.e., Appendix M or Appendix M1), as
opposed to AHRI 210/240. DOE is also
considering referencing the updated
AHRI 210/240–2017, which reflects the
latest amendments made in the updated
version of Appendix M. DOE seeks
comment on the merits of adopting
AHRI 210/240–2017 as compared to
adopting the updated version of
Appendix M.
DOE seeks comment on a number of
key issues related to whether, and if so
how, it should amend its test
procedures for three-phase commercial
air-cooled air conditioners and heat
pumps.
(1) DOE requests comment on
whether it should align its test
procedure for three-phase commercial
air-cooled air conditioners and heat
pumps with cooling capacities of less
than 65,000 Btu/h with the test
procedure for single-phase air-cooled air
conditioners and heat pumps with
cooling capacities of less than 65,000
Btu/h. DOE requests comments and
information on the merits of referencing
the current version of Appendix M of 10
CFR part 430, subpart B, or some
portion thereof, for the three-phase
systems at issue versus the merits of
referencing the updated AHRI 210/240–
2017, which reflects the updated
Appendix M. DOE requests information
on the extent that either such
amendment would impact a
manufacturer’s test burden as well as
the relative merits of each approach.
As noted, beginning January 1, 2023,
single-phase air-cooled air conditioners
and heat pumps must be tested
according to Appendix M1. DOE
recognizes that testing of three-phase
commercial air-cooled air conditioners
and heat pumps with a cooling capacity
of less than 65,000 Btu/h under
Appendix M1 may impact the measured
energy efficiency of the tested units.
AHRI 210/240–2017 does not contain
updates to account for the more recent
changes contained in Appendix M1;
DOE understands that AHRI intends to
address Appendix M1 in a separate
revision at a later date. DOE requests
comment on the appropriateness of
testing three-phase commercial aircooled air conditioners and heat pumps
according to Appendix M1, or some part
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thereof. DOE requests any information
and data on testing manufacturers may
have performed with three-phase
systems using the procedure in
Appendix M1. DOE requests comment
and information on the impact to a
manufacturer’s test burden that would
be expected if the equipment at issue
were subject to testing under Appendix
M1.
(2) DOE also requests comment on
whether the general structure and
language related to its certification,
compliance, and enforcement
requirements for three-phase systems in
10 CFR part 429 should mirror the
structure, language, and certification,
compliance, and enforcement
requirements for single-phase systems
already found in 10 CFR part 429. DOE
notes that AHRI 210/240–2017 includes
many updates to mirror these
requirements, regardless of the phase of
the equipment. If DOE were to adopt
such an approach, what would be the
advantages and disadvantages in doing
so? DOE is also particularly interested
in information on the extent that such
an amendment would impact a
manufacturer’s certification and
reporting test burden.
C. Other Test Procedure Topics
In addition to the issues identified
earlier in this document, DOE welcomes
comment on any other aspect of the
existing test procedures for three-phase
commercial air-cooled air conditioners
and heat pumps with cooling capacity
of less than 65,000 Btu/h not already
addressed by the specific areas
identified in this document. DOE
particularly seeks information that
would improve the repeatability,
reproducibility, and consumer
representativeness of the test
procedures. DOE also requests
information that would help DOE create
a procedure that would limit
manufacturer test burden through
streamlining or simplifying testing
requirements. Comments regarding the
repeatability and reproducibility are
also welcome.
DOE also requests feedback on any
potential amendments to the existing
test procedure that could be considered
to address impacts on manufacturers,
including small businesses. Regarding
the Federal test method, DOE seeks
comment on the degree to which the
DOE test procedure should consider and
be harmonized with the most recent
relevant industry standards for threephase commercial air-cooled air
conditioners and heat pumps with a
cooling capacity of less than 65,000
Btu/h and whether there are any
changes to the DOE test method that
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16:46 Oct 01, 2018
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would provide additional benefits to the
public. DOE also requests comment on
the benefits and burdens of adopting
any industry/voluntary consensus-based
or other appropriate test procedure,
without modification. As discussed, the
current test procedure for three-phase
commercial air-cooled air conditioners
and heat pumps with cooling capacity
of less than 65,000 Btu/h references
AHRI 210/240–2008, and also
establishes additional specifications
necessary to address an optional breakin period and set-up of the units to be
tested. 10 CFR 431.96(c) and (e). AHRI
210/240–2008 incorporates a version of
the DOE test procedure for single-phase
air-cooled air conditioners and heatpumps that has since become outdated.
The updated version of the industry
standard, AHRI 210/240–2017, has been
revised to reflect subsequent
amendments to that DOE test procedure
that were made to improve the
repeatability and reproducibility of the
test procedure, as well as to provide
clarifying revisions.
Additionally, DOE requests comment
on whether the existing test procedures
limit a manufacturer’s ability to provide
additional features to commercial
consumers on three-phase commercial
air-cooled air conditioners and heat
pumps with a cooling capacity of less
than 65,000 Btu/h. DOE particularly
seeks information on how the test
procedures could be amended to reduce
the cost of new or additional features
and make it more likely that such
features are included on three-phase
commercial air-cooled air conditioners
and heat pumps with a cooling capacity
of less than 65,000 Btu/h.
Finally, DOE requests comment on
whether there are models currently on
the market that have unique
characteristics preventing them from
being tested by the current DOE test
procedure or for which the test
procedure is unrepresentative. If so,
DOE requests information on
modifications that could be made to the
test procedure to accommodate such
models.
III. Submission of Comments
DOE invites all interested parties to
submit in writing by December 3, 2018,
comments and information on matters
addressed in this notice and on other
matters relevant to DOE’s consideration
of whether and how to amend the test
procedure for three-phase commercial
air-cooled air conditioners and heat
pumps with cooling capacity of less
than 65,000 Btu/h. These comments and
information will aid in the development
of a test procedure notice of proposed
rulemaking for three-phase commercial
PO 00000
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49505
air-cooled air conditioners and heat
pumps with cooling capacity of less
than 65,000 Btu/h if DOE determines
that amended test procedures may be
appropriate for this equipment.
Submitting comments via https://
www.regulations.gov. The https://
www.regulations.gov web page will
require you to provide your name and
contact information. Your contact
information will be viewable to DOE
Building Technologies staff only. Your
contact information will not be publicly
viewable except for your first and last
names, organization name (if any), and
submitter representative name (if any).
If your comment is not processed
properly because of technical
difficulties, DOE will use this
information to contact you. If DOE
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, DOE may not be
able to consider your comment.
However, your contact information
will be publicly viewable if you include
it in the comment or in any documents
attached to your comment. Any
information that you do not want to be
publicly viewable should not be
included in your comment, nor in any
document attached to your comment.
Persons viewing comments will see only
first and last names, organization
names, correspondence containing
comments, and any documents
submitted with the comments.
Do not submit to https://
www.regulations.gov information for
which disclosure is restricted by statute,
such as trade secrets and commercial or
financial information (hereinafter
referred to as Confidential Business
Information (‘‘CBI’’)). Comments
submitted through https://
www.regulations.gov cannot be claimed
as CBI. Comments received through the
website will waive any CBI claims for
the information submitted. For
information on submitting CBI, see the
Confidential Business Information
section.
DOE processes submissions made
through https://www.regulations.gov
before posting. Normally, comments
will be posted within a few days of
being submitted. However, if large
volumes of comments are being
processed simultaneously, your
comment may not be viewable for up to
several weeks. Please keep the comment
tracking number that https://
www.regulations.gov provides after you
have successfully uploaded your
comment.
Submitting comments via email, hand
delivery, or mail. Comments and
documents submitted via email, hand
delivery, or mail also will be posted to
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49506
Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Proposed Rules
https://www.regulations.gov. If you do
not want your personal contact
information to be publicly viewable, do
not include it in your comment or any
accompanying documents. Instead,
provide your contact information on a
cover letter. Include your first and last
names, email address, telephone
number, and optional mailing address.
The cover letter will not be publicly
viewable as long as it does not include
any comments.
Include contact information each time
you submit comments, data, documents,
and other information to DOE. If you
submit via mail or hand delivery, please
provide all items on a CD, if feasible. It
is not necessary to submit printed
copies. No facsimiles (faxes) will be
accepted.
Comments, data, and other
information submitted to DOE
electronically should be provided in
PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file
format. Provide documents that are not
secured, written in English and free of
any defects or viruses. Documents
should not contain special characters or
any form of encryption and, if possible,
they should carry the electronic
signature of the author.
Campaign form letters. Please submit
campaign form letters by the originating
organization in batches of between 50 to
500 form letters per PDF or as one form
letter with a list of supporters’ names
compiled into one or more PDFs. This
reduces comment processing and
posting time.
Confidential Business Information.
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 via email, postal mail, or
hand delivery two well-marked copies:
One copy of the document marked
confidential including all the
information believed to be confidential,
and one copy of the document marked
‘‘non-confidential’’ with the information
believed to be confidential deleted.
Submit these documents via email or on
a CD, if feasible. DOE will make its own
determination about the confidential
status of the information and treat it
according to its determination.
Factors of interest to DOE when
evaluating requests to treat submitted
information as confidential include (1) a
description of the items, (2) whether
and why such items are customarily
treated as confidential within the
industry, (3) whether the information is
generally known by or available from
other sources, (4) whether the
information has previously been made
available to others without obligation
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concerning its confidentiality, (5) an
explanation of the competitive injury to
the submitting person which would
result from public disclosure, (6) when
such information might lose its
confidential character due to the
passage of time, and (7) why disclosure
of the information would be contrary to
the public interest.
It is DOE’s policy that all comments
may be included in the public docket,
without change and as received,
including any personal information
provided in the comments (except
information deemed to be exempt from
public disclosure).
DOE considers public participation to
be a very important part of the process
for developing test procedures and
energy conservation standards. DOE
actively encourages the participation
and interaction of the public during the
comment period in each stage of this
process. Interactions with and between
members of the public provide a
balanced discussion of the issues and
assist DOE in the process. Anyone who
wishes to be added to the DOE mailing
list to receive future notices and
information about this process should
contact Appliance and Equipment
Standards Program staff at (202) 287–
1445 or via email at
ApplianceStandardsQuestions@
ee.doe.gov.
Signed in Washington, DC, on September
26, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency Energy Efficiency and Renewable
Energy.
[FR Doc. 2018–21401 Filed 10–1–18; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2018–0485; Airspace
Docket No. 18–ASO–10]
RIN 2120–AA66
Proposed Establishment of Class E
Airspace; Leitchfield, KY
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
establish Class E airspace extending
upward from 700 feet above the surface
at Leitchfield-Grayson County Airport,
Leitchfield, KY, to accommodate new
area navigation (RNAV) global
SUMMARY:
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
positioning system (GPS) standard
instrument approach procedures serving
the airport. Controlled airspace is
necessary for the safety and
management of instrument flight rules
(IFR) operations at this airport.
DATES: Comments must be received on
or before November 16, 2018.
ADDRESSES: Send comments on this rule
to: U.S. Department of Transportation,
Docket Operations, 1200 New Jersey
Avenue SE, West Bldg., Ground Floor,
Rm. W12–140, Washington, DC 20590;
Telephone: 1–800–647–5527, or (202)
366–9826. You must identify the Docket
No. FAA–2018–0485; Airspace Docket
No. 18–ASO–10, at the beginning of
your comments. You may also submit
and review received comments through
the internet at https://
www.regulations.gov. You may review
the public docket containing the
proposal, any comments received, and
any final disposition in person in the
Dockets Office between 9:00 a.m. and
5:00 p.m., Monday through Friday,
except federal holidays.
FAA Order 7400.11C, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
on line at https://www.faa.gov/air_
traffic/publications/. For further
information, you can contact the
Airspace Policy Group, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783. The Order is
also available for inspection at the
National Archives and Records
Administration (NARA). For
information on the availability of FAA
Order 7400.11C at NARA, call (202)
741–6030, or go to https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
FOR FURTHER INFORMATION CONTACT: John
Fornito, Operations Support Group,
Eastern Service Center, Federal Aviation
Administration, 1701 Columbia Ave.,
College Park, GA 30337; telephone (404)
305–6364.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in title
49 of the United States Code. Subtitle I,
Section 106 describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the agency’s
authority. This proposed rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
E:\FR\FM\02OCP1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 191 (Tuesday, October 2, 2018)]
[Proposed Rules]
[Pages 49501-49506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21401]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE-2017-BT-TP-0031]
Energy Conservation Program: Test Procedure for Three-Phase
Commercial Air-Cooled Air Conditioners and Heat Pumps With a Certified
Cooling Capacity of Less Than 65,000 Btu/h
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') is initiating a data
collection process through this request for information (``RFI'') to
consider whether to amend its test procedure for three-phase commercial
air-cooled air conditioners and heat pumps with a cooling capacity of
less than 65,000 British thermal units per hour (``Btu/h''). To inform
interested parties and to facilitate this process, DOE has gathered
data, identifying several issues associated with the currently
applicable test procedures on which DOE is interested in receiving
comment. The issues outlined in this document mainly concern three-
phase commercial air-cooled air conditioners and heat pumps with a
cooling capacity of less than 65,000 Btu/h and whether the test
procedure and certification and compliance provisions for this
equipment should align with those provisions that apply to single-phase
central air conditioners and heat pumps with rated cooling capacities
of less than 65,000 Btu/h; and any additional topics that may inform
DOE's decisions in a future test procedure rulemaking, including
methods to reduce regulatory burden while ensuring the procedure's
accuracy. DOE welcomes written comments from the public on any subject
within the scope of this document (including topics not raised in this
RFI).
DATES: Written comments and information are requested and will be
accepted on or before December 3, 2018.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at https://www.regulations.gov. Follow
the instructions for submitting comments. Alternatively, interested
persons may submit comments, identified by docket number EERE-201X-BT-
TP-0031, by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments.
2. Email: [email protected]. Include EERE-2017-BT-
TP-0031 in the subject line of the message. Submit electronic comments
in WordPerfect, Microsoft Word, portable document format (PDF), or
American Standard Code for Information Interchange (ASCII) file format,
and avoid the use of special characters or any form of encryption.
3. Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. If possible,
please submit all items on a compact disc (CD), in which case it is not
necessary to include printed copies.
4. Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S.
[[Page 49502]]
Department of Energy, Building Technologies Office, 950 L'Enfant Plaza
SW, 6th Floor, Washington, DC 20024. Telephone: (202) 287-1445. If
possible, please submit all items on a CD, in which case it is not
necessary to include printed copies.
No telefacsimilies (faxes) will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section III of this document.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at https://www.regulations.gov. All documents in
the docket are listed in the https://www.regulations.gov index. However,
some documents listed in the index, such as those containing
information that is exempt from public disclosure, may not be publicly
available.
The docket web page can be found at: https://www.regulations.gov/docketBrowser?rpp=25&po=0&D=EERE-2017-BT-TP-0031. The docket web page
contains simple instructions on how to access all documents, including
public comments, in the docket. See Section III for further information
on how to submit comments through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Antonio Bouza, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-4563. Email: [email protected].
Mr. Michael Kido, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585.
Telephone: (202) 586-8145. Email: [email protected].
For further information on how to submit a comment or review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority and Background
B. Rulemaking History
II. Request for Information
A. Scope & Definition
B. Test Procedure
1. Industry Standard
2. Updates to the Federal Test Method
3. Harmonization
C. Other Test Procedure Topics
III. Submission of Comments
I. Introduction
Three-phase commercial air-cooled air conditioners and heat pumps
with a cooling capacity of less than 65,000 Btu/h are included in the
list of ``covered equipment'' for which DOE is authorized to establish
and amend energy conservation standards and test procedures. (42 U.S.C.
6311(1)(B)) DOE's test procedure for three-phase commercial air-cooled
air conditioners and heat pumps with a cooling capacity of less than
65,000 Btu/h is prescribed at 10 CFR 431.96. The following sections
discuss DOE's authority to establish and amend the test procedure for
three-phase commercial air-cooled air conditioners and heat pumps with
a cooling capacity of less than 65,000 Btu/h, as well as relevant
background information regarding DOE's consideration of test procedures
for this equipment.
A. Authority and Background
The Energy Policy and Conservation Act of 1975 (``EPCA'' or ``the
Act''),\1\ Public Law 94-163 (42 U.S.C. 6291-6317, as codified), among
other things, authorizes DOE to regulate the energy efficiency of a
number of consumer products and industrial equipment. Title III, Part C
\2\ of EPCA, added by Public Law 95-619, Title IV, Sec. 441(a),
established the Energy Conservation Program for Certain Industrial
Equipment, which sets forth a variety of provisions designed to improve
energy efficiency. This equipment includes small commercial package air
conditioning and heating equipment--which includes three-phase
commercial air-cooled air conditioners and heat pumps with a cooling
capacity of less than 65,000 Btu/h, the subject of this RFI. (42 U.S.C.
6311(1)(B); 42 U.S.C. 6311(8)(B))
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Efficiency Improvement Act of 2015
(EEIA 2015), Public Law 114-11 (April 30, 2015).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated Part A-1.
---------------------------------------------------------------------------
Under EPCA, the energy conservation program consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of the Act include definitions (42 U.S.C. 6311), energy
efficiency standards (42 U.S.C. 6313), test procedures (42 U.S.C.
6314), labeling provisions (42 U.S.C. 6315), and the authority to
require information and reports from manufacturers (42 U.S.C. 6316).
Federal energy efficiency requirements for covered equipment
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6316(a) and (b); 42 U.S.C. 6297) DOE may, however, grant a
Federal preemption waiver to a State for a standard prescribed or
established under 42 U.S.C. 6313(a)--which details DOE's authority for
setting standards applying to commercial package air conditioning and
heating equipment--in accordance with specific criteria. See 42 U.S.C.
6316(b)(2)(D).
The Federal testing requirements consist of test procedures that
manufacturers of covered equipment must use as the basis for: (1)
Certifying to DOE that their equipment complies with the applicable
energy conservation standards adopted pursuant to EPCA (42 U.S.C.
6316(b); 42 U.S.C. 6296), and (2) making representations about the
efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE must
use these test procedures to determine whether the equipment complies
with relevant standards promulgated under EPCA.
Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures
DOE follows when prescribing or amending test procedures for covered
equipment. EPCA requires that any test procedures prescribed or amended
under this section must (1) be reasonably designed to produce test
results which reflect the energy efficiency, energy use or estimated
annual operating cost of a covered equipment during a representative
average use cycle or period of use and (2) not be unduly burdensome to
conduct. (42 U.S.C. 6314(a)(2)).
As a category of commercial package air conditioning and heating
equipment, EPCA requires that the test procedures for this equipment--
including three-phase systems with capacities of less than 65,000 Btu/
h--be those generally accepted industry testing procedures or rating
procedures developed or recognized by the Air-Conditioning, Heating,
and Refrigeration Institute (``AHRI'') or by the American Society of
Heating, Refrigerating and Air-Conditioning Engineers (``ASHRAE''), as
referenced in ASHRAE Standard 90.1, ``Energy Standard for Buildings
Except Low-Rise Residential Buildings'' (``ASHRAE Standard 90.1''). (42
U.S.C. 6314(a)(4)(A)) Further, if such an industry test procedure is
amended, DOE must amend its test procedure to be consistent with the
amended industry test procedure, unless DOE determines, by rule
published in the Federal Register and supported by clear
[[Page 49503]]
and convincing evidence, that such amended test procedure would not
meet the requirements in 42 U.S.C. 6314(a)(2) and (3) related to
representative use and test burden. (42 U.S.C. 6314(a)(4)(B))
In addition, if DOE determines that a test procedure amendment is
appropriate, it must publish proposed test procedures and offer the
public an opportunity to present oral and written comments on them. (42
U.S.C. 6314(b))
EPCA also requires that, at least once every 7 years, DOE evaluate
test procedures for each type of covered equipment, including those at
issue here, to determine whether an amended test procedure would more
accurately or fully comply with the requirements that the procedure not
be unduly burdensome to conduct and be reasonably designed to produce
test results that reflect energy efficiency, energy use, and estimated
operating costs during a representative average use cycle. (42 U.S.C.
6314(a)(1)) In addition, if DOE determines that a test procedure
amendment is warranted, it must publish proposed test procedures and
offer the public an opportunity to present oral and written comments on
them. (42 U.S.C. 6314(b)) If DOE determines that test procedure
revisions are not appropriate, DOE must publish its determination not
to amend the test procedures. (42 U.S.C. 6314(a)(1)(A)(ii))
DOE is publishing this RFI to collect data and information to
inform its decision consistent with its obligations under EPCA.
B. Rulemaking History
DOE's test procedure for three-phase commercial air-cooled air
conditioners and heat pumps with a cooling capacity of less than 65,000
Btu/h is codified at 10 CFR 431.96. The test procedure was last amended
on May 16, 2012, to incorporate by reference ANSI/AHRI Standard 210/
240-2008, ``2008 Standard for Performance Rating of Unitary Air-
Conditioning & Air-Source Heat Pump Equipment,'' approved by ANSI on
October 27, 2011, and updated by addendum 1 in June 2011 and addendum 2
in March 2012 (``AHRI 210/240-2008''). 77 FR 28928 (May 16, 2012). The
May 2012 final rule also established additional testing requirements at
10 CFR 431.96(c) and (e), applicable to measuring seasonal energy
efficiency ratio (``SEER'') and heating seasonal performance factor
(``HSPF'') for this equipment. Id. ASHRAE Standard 90.1 was updated on
October 26, 2016,\3\ but did not revise the test procedures for three-
phase commercial air-cooled air conditioners and heat pumps with a
cooling capacity of less than 65,000 Btu/h. In late 2017, AHRI
published an updated version of its standard, AHRI 210/240-2017. As
outlined further in this document, that updated standard made a number
of changes that are of relevance to DOE's current procedure.
---------------------------------------------------------------------------
\3\ There is no publication date printed on ASHRAE Standard
90.1-2016, but ASHRAE issued a press release on October 26, 2016,
which can be found at https://www.ashrae.org/news/2016/ashraeies-publish-2016-energy-efficiency-standard.
---------------------------------------------------------------------------
II. Request for Information
In the following sections, DOE has identified a variety of issues
on which it seeks input to aid in the development of the technical and
economic analyses regarding whether to amend the test procedures for
three-phase commercial air-cooled air conditioners and heat pumps with
a cooling capacity of less than 65,000 Btu/h. Specifically, DOE is
requesting comment on opportunities to streamline and simplify the
testing requirements for this equipment.
Additionally, DOE welcomes comments on other issues relevant to the
conduct of this process that may not specifically be identified in this
document. In particular, DOE notes that under Executive Order 13771,
``Reducing Regulation and Controlling Regulatory Costs,'' Executive
Branch agencies such as DOE are directed to manage the costs associated
with the imposition of expenditures required to comply with Federal
regulations. See 82 FR 9339 (Feb. 3, 2017). Consistent with that
Executive Order, DOE encourages the public to provide input on measures
DOE could take to lower the cost of its regulations applicable to the
equipment at issue in a manner consistent with the requirements of
EPCA.
A. Scope and Definition
Three-phase commercial air-cooled air conditioners and heat pumps
with a cooling capacity of less than 65,000 Btu/h are a category of
small commercial package air conditioning and heating equipment.
Commercial package air-conditioning and heating equipment may be air-
cooled, water-cooled, evaporatively-cooled, or water sourced (not
including ground water source), and are electrically-operated, unitary
central air conditioners or central air-conditioning heat pumps that
are used for commercial applications. 10 CFR 431.92.
Three-phase commercial air-cooled air conditioners and heat pumps
with a cooling capacity of less than 65,000 Btu/h are further
disaggregated into four equipment classes: Three-phase air-cooled
single-package air conditioners, three-phase air-cooled single-package
heat pumps, three-phase air-cooled split-system air conditioners, and
three-phase air-cooled split-system heat pumps. This RFI seeks comment
on the test procedure applicable to all four equipment classes.
B. Test Procedure
1. Industry Standard
As noted, the current DOE test procedure at 10 CFR 431.96 for
three-phase commercial air-cooled air conditioners and heat pumps with
a cooling capacity of less than 65,000 Btu/h incorporates by reference
AHRI 210/240-2008 (except section 6.5), which is also referenced in the
current version of ASHRAE Standard 90.1 (i.e., ``ASHRAE 90.1-2016'').
AHRI 210/240-2008 includes as normative appendix C the entirety of 10
CFR part 430, subpart B, appendix M (``Appendix M'') as amended by a
final rule published on October 22, 2007. (72 FR 59906) Appendix M
provides the test procedure for determining the efficiency of single-
phase central air conditioners and heat pumps with rated cooling
capacities of less than 65,000 Btu/h, a consumer product covered under
10 CFR part 430.
In late 2017, AHRI updated the incorporated industry standard,
releasing AHRI 210/240-2017. Many of the revisions in the update
attempted to harmonize AHRI 210/240-2017 with the updated federal test
method for single-phase central air conditioners and heat pumps with
rated cooling capacities of less than 65,000 Btu/h. AHRI 210/240-2017
no longer includes any version of Appendix M as a normative appendix,
but has integrated requirements consistent with Appendix M throughout
the standard.\4\ AHRI 210/240-2017 also includes additional updates
beyond integrating the revised Appendix M. DOE understands that these
changes, if adopted, would not conflict with Appendix M and would be
highly unlikely to impact the measured efficiency of the subject
equipment during a representative average use cycle as compared to
conducting a test relying on the provisions already contained in
Appendix M.\5\
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\4\ The inclusion of Appendix M as a normative appendix
indicated that Appendix M was required to be followed when testing
in accordance with AHRI 210/240-2008. As a result, AHRI's direct
integration of Appendix M's provisions into AHRI 210/240-2017
achieves the same objective without the need for the previous
normative appendix.
\5\ For example, AHRI 210/240-2017 has stricter requirements for
heat balance than does Appendix M, which also would be acceptable
under Appendix M (i.e., they are not less strict requirements).
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[[Page 49504]]
2. Updates to the Federal Test Method
On June 8, 2016, subsequent to the incorporation of Appendix M into
AHRI 210/240-2008, DOE published a test procedure final rule that
amended Appendix M. 81 FR 36992 (``June 2016 final rule'').\6\ DOE
further amended Appendix M in a final rule published on January 5,
2017, to improve test repeatability, reduce testing burden, and improve
the accuracy of field representativeness of the testing values without
impacting the measured energy consumption. 82 FR 1426 (``January 2017
final rule''). The January 2017 final rule also established Appendix
M1, which specifies new efficiency metrics SEER2, EER2, and HSPF2 that,
while based on the efficiency metrics in Appendix M for cooling and
heating performance, generally have different numerical values than the
metrics used in Appendix M. 10 CFR part 430, subpart B, appendix M1
(``Appendix M1''). These new metrics were developed to avoid confusion
with the metrics that are currently in use under Appendix M. See 82 FR
1437 (explaining DOE's decision to adopt new metrics SEER2, EER2, and
HSPF2). Beginning on January 1, 2023, efficiency representations for
single-phase central air conditioners and heat pumps with rated cooling
capacities of less than 65,000 Btu/h must be based on the test
procedure in Appendix M1. Both Appendix M and Appendix M1 reference
AHRI 210/240-2008, sections 6.1.3.2, 6.1.3.4, 6.1.3.5 and figures D1,
D2, D4, along with sections of AHRI 1230-2010, ASHRAE 23.1-2010, ASHRAE
37-2009, ASHRAE 41.1-2013, ASHRAE 41.2-1987 (RA 1992), ASHRAE 41.6-
2014, ASHRAE 41.9-2011, ASHRAE 116-2010, and AMCA 210-2007.
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\6\ A correction was issued on August 18, 2016, correcting a
number of editorial errors. 81 FR 55111.
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Additionally, both the June 2016 and the January 2017 final rules
adopted amendments related to the certification, compliance, and
enforcement of single-phase central air conditioners and heat pumps
with rated cooling capacities of less than 65,000 Btu/h, codified in 10
CFR part 429. The amendments included revisions to the basic model
definition, clarifying definitions, revisions to the testing and other
requirements for determining represented values, additional
certification reporting requirements, and additional product-specific
enforcement provisions.
3. Harmonization
DOE understands that the equipment at issue are often nearly
identical to single-phase central air conditioners and heat pumps with
rated cooling capacities of less than 65,000 Btu/h. Specifically, DOE
understands that three-phase equipment models generally are
manufactured on the same production lines and are physically identical
to their corresponding single-phase central air conditioner and heat
pump models--with the exception generally being that the former have
three-phase electrical systems--and use components--primarily
compressors--that are designed for three-phase power input. Other key
operational components, such as heat exchangers and fans, are typically
identical for three-phase and single-phase designs of a given model
family. In addition, DOE found that most manufacturers' model numbers
for single-phase products and three-phase equipment are interchangeable
and that there is consistency in energy efficiency ratings between
them, i.e., three-phase and single-phase models of the same unit have
the same efficiency. See, e.g., 80 FR 42614, 42622 (July 17, 2015).
In light of these facts, DOE is considering whether to harmonize
the test procedures for three-phase commercial air-cooled air
conditioners and heat pumps with capacities of less than 65,000 Btu/h
with those used to test single-phase central air conditioners and heat
pumps with capacities of less than 65,000 Btu/h.\7\ Having the same
test procedure for essentially identical equipment may reduce
manufacturer burden as compared to having to follow two separate test
procedures. Furthermore, reliance on the current version of Appendix M
(or Appendix M1 \8\), as opposed to the prior version referenced in
AHRI 210/240-2008, would capture the amendments DOE has made to improve
test repeatability and reduce burden, which may lead to improved
manufacturer and consumer confidence in ratings. Additionally,
harmonization of the test procedures would provide for more comparable
information between the three-phase equipment and the single-phase
products. Commercial customers considering either single-phase or
three-phase equipment would have ratings for both that are based on
identical testing requirements when evaluating product options. For
these reasons, DOE is weighing whether to modify its procedure for the
equipment at issue by referencing the most recently updated version of
the test procedure applicable to single-phase central air conditioners
(i.e., Appendix M or Appendix M1), as opposed to AHRI 210/240. DOE is
also considering referencing the updated AHRI 210/240-2017, which
reflects the latest amendments made in the updated version of Appendix
M. DOE seeks comment on the merits of adopting AHRI 210/240-2017 as
compared to adopting the updated version of Appendix M.
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\7\ The current standards in effect for the three-phase systems
and the single-phase systems are presently harmonized. (See Tables 3
and 4 to 10 CFR 431.97 and 10 CFR 430.32(c)(1).)
\8\ Beginning January 1, 2023, manufacturers will be required to
test and certify single-phase central air conditioner and heat pumps
to the test procedure in Appendix M1. The changes in Appendix M1
likely will impact the measured energy efficiency of tested units,
and such impacts are reflected in the amended energy conservation
standards that apply to these products beginning January 1, 2023. 82
FR 1786 (January 6, 2017).
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DOE seeks comment on a number of key issues related to whether, and
if so how, it should amend its test procedures for three-phase
commercial air-cooled air conditioners and heat pumps.
(1) DOE requests comment on whether it should align its test
procedure for three-phase commercial air-cooled air conditioners and
heat pumps with cooling capacities of less than 65,000 Btu/h with the
test procedure for single-phase air-cooled air conditioners and heat
pumps with cooling capacities of less than 65,000 Btu/h. DOE requests
comments and information on the merits of referencing the current
version of Appendix M of 10 CFR part 430, subpart B, or some portion
thereof, for the three-phase systems at issue versus the merits of
referencing the updated AHRI 210/240-2017, which reflects the updated
Appendix M. DOE requests information on the extent that either such
amendment would impact a manufacturer's test burden as well as the
relative merits of each approach.
As noted, beginning January 1, 2023, single-phase air-cooled air
conditioners and heat pumps must be tested according to Appendix M1.
DOE recognizes that testing of three-phase commercial air-cooled air
conditioners and heat pumps with a cooling capacity of less than 65,000
Btu/h under Appendix M1 may impact the measured energy efficiency of
the tested units. AHRI 210/240-2017 does not contain updates to account
for the more recent changes contained in Appendix M1; DOE understands
that AHRI intends to address Appendix M1 in a separate revision at a
later date. DOE requests comment on the appropriateness of testing
three-phase commercial air-cooled air conditioners and heat pumps
according to Appendix M1, or some part
[[Page 49505]]
thereof. DOE requests any information and data on testing manufacturers
may have performed with three-phase systems using the procedure in
Appendix M1. DOE requests comment and information on the impact to a
manufacturer's test burden that would be expected if the equipment at
issue were subject to testing under Appendix M1.
(2) DOE also requests comment on whether the general structure and
language related to its certification, compliance, and enforcement
requirements for three-phase systems in 10 CFR part 429 should mirror
the structure, language, and certification, compliance, and enforcement
requirements for single-phase systems already found in 10 CFR part 429.
DOE notes that AHRI 210/240-2017 includes many updates to mirror these
requirements, regardless of the phase of the equipment. If DOE were to
adopt such an approach, what would be the advantages and disadvantages
in doing so? DOE is also particularly interested in information on the
extent that such an amendment would impact a manufacturer's
certification and reporting test burden.
C. Other Test Procedure Topics
In addition to the issues identified earlier in this document, DOE
welcomes comment on any other aspect of the existing test procedures
for three-phase commercial air-cooled air conditioners and heat pumps
with cooling capacity of less than 65,000 Btu/h not already addressed
by the specific areas identified in this document. DOE particularly
seeks information that would improve the repeatability,
reproducibility, and consumer representativeness of the test
procedures. DOE also requests information that would help DOE create a
procedure that would limit manufacturer test burden through
streamlining or simplifying testing requirements. Comments regarding
the repeatability and reproducibility are also welcome.
DOE also requests feedback on any potential amendments to the
existing test procedure that could be considered to address impacts on
manufacturers, including small businesses. Regarding the Federal test
method, DOE seeks comment on the degree to which the DOE test procedure
should consider and be harmonized with the most recent relevant
industry standards for three-phase commercial air-cooled air
conditioners and heat pumps with a cooling capacity of less than 65,000
Btu/h and whether there are any changes to the DOE test method that
would provide additional benefits to the public. DOE also requests
comment on the benefits and burdens of adopting any industry/voluntary
consensus-based or other appropriate test procedure, without
modification. As discussed, the current test procedure for three-phase
commercial air-cooled air conditioners and heat pumps with cooling
capacity of less than 65,000 Btu/h references AHRI 210/240-2008, and
also establishes additional specifications necessary to address an
optional break-in period and set-up of the units to be tested. 10 CFR
431.96(c) and (e). AHRI 210/240-2008 incorporates a version of the DOE
test procedure for single-phase air-cooled air conditioners and heat-
pumps that has since become outdated. The updated version of the
industry standard, AHRI 210/240-2017, has been revised to reflect
subsequent amendments to that DOE test procedure that were made to
improve the repeatability and reproducibility of the test procedure, as
well as to provide clarifying revisions.
Additionally, DOE requests comment on whether the existing test
procedures limit a manufacturer's ability to provide additional
features to commercial consumers on three-phase commercial air-cooled
air conditioners and heat pumps with a cooling capacity of less than
65,000 Btu/h. DOE particularly seeks information on how the test
procedures could be amended to reduce the cost of new or additional
features and make it more likely that such features are included on
three-phase commercial air-cooled air conditioners and heat pumps with
a cooling capacity of less than 65,000 Btu/h.
Finally, DOE requests comment on whether there are models currently
on the market that have unique characteristics preventing them from
being tested by the current DOE test procedure or for which the test
procedure is unrepresentative. If so, DOE requests information on
modifications that could be made to the test procedure to accommodate
such models.
III. Submission of Comments
DOE invites all interested parties to submit in writing by December
3, 2018, comments and information on matters addressed in this notice
and on other matters relevant to DOE's consideration of whether and how
to amend the test procedure for three-phase commercial air-cooled air
conditioners and heat pumps with cooling capacity of less than 65,000
Btu/h. These comments and information will aid in the development of a
test procedure notice of proposed rulemaking for three-phase commercial
air-cooled air conditioners and heat pumps with cooling capacity of
less than 65,000 Btu/h if DOE determines that amended test procedures
may be appropriate for this equipment.
Submitting comments via https://www.regulations.gov. The https://www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to https://www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through https://www.regulations.gov cannot be claimed as CBI. Comments
received through the website will waive any CBI claims for the
information submitted. For information on submitting CBI, see the
Confidential Business Information section.
DOE processes submissions made through https://www.regulations.gov
before posting. Normally, comments will be posted within a few days of
being submitted. However, if large volumes of comments are being
processed simultaneously, your comment may not be viewable for up to
several weeks. Please keep the comment tracking number that https://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email, hand delivery, or mail. Comments and
documents submitted via email, hand delivery, or mail also will be
posted to
[[Page 49506]]
https://www.regulations.gov. If you do not want your personal contact
information to be publicly viewable, do not include it in your comment
or any accompanying documents. Instead, provide your contact
information on a cover letter. Include your first and last names, email
address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via mail or hand
delivery, please provide all items on a CD, if feasible. It is not
necessary to submit printed copies. No facsimiles (faxes) will be
accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. 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 via
email, postal mail, or hand delivery two well-marked copies: One copy
of the document marked confidential including all the information
believed to be confidential, and one copy of the document marked ``non-
confidential'' with the information believed to be confidential
deleted. Submit these documents via email or on a CD, if feasible. DOE
will make its own determination about the confidential status of the
information and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include (1) a description of the
items, (2) whether and why such items are customarily treated as
confidential within the industry, (3) whether the information is
generally known by or available from other sources, (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality, (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure, (6) when such information might lose its
confidential character due to the passage of time, and (7) why
disclosure of the information would be contrary to the public interest.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
DOE considers public participation to be a very important part of
the process for developing test procedures and energy conservation
standards. DOE actively encourages the participation and interaction of
the public during the comment period in each stage of this process.
Interactions with and between members of the public provide a balanced
discussion of the issues and assist DOE in the process. Anyone who
wishes to be added to the DOE mailing list to receive future notices
and information about this process should contact Appliance and
Equipment Standards Program staff at (202) 287-1445 or via email at
[email protected].
Signed in Washington, DC, on September 26, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency Energy Efficiency and
Renewable Energy.
[FR Doc. 2018-21401 Filed 10-1-18; 8:45 am]
BILLING CODE 6450-01-P
