Energy Conservation Program: Test Procedure for Direct Expansion-Dedicated Outdoor Air Systems, 72874-72891 [2021-27460]
Download as PDF
<![CDATA[
72874
Proposed Rules
Federal Register
Vol. 86, No. 244
Thursday, December 23, 2021
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 431
[EERE–2017–BT–TP–0018]
RIN 1904–AE46
Energy Conservation Program: Test
Procedure for Direct ExpansionDedicated Outdoor Air Systems
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Supplemental notice of
proposed rulemaking and request for
comment.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) is publishing a
supplemental notice of proposed
rulemaking (‘‘SNOPR’’) to establish a
test procedure for direct-expansion
dedicated outdoor systems (‘‘DX–
DOASes’’) pursuant to the Energy Policy
and Conservation Act, as amended. This
document presents an updated proposal
based on stakeholder feedback received
in response to the July 7, 2021, notice
of proposed rulemaking. DOE is revising
its proposals regarding the terminology
used to describe the equipment at issue
and to provide additional direction for
testing equipment with special
components. DOE welcomes written
comment from the public on any subject
within the scope of this document, as
well as the submission of data and other
relevant information.
DATES: Comments: DOE will accept
written comments, data, and
information regarding this SNOPR on or
before January 24, 2022. See section V,
‘‘Public Participation,’’ for details.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
www.regulations.gov. Follow the
instructions for submitting comments.
Alternatively, interested persons may
submit comments, identified by docket
number EERE–2017–BT–TP–0018, by
any of the following methods:
1. Federal eRulemaking Portal:
www.regulations.gov.
jspears on DSK121TN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
20:28 Dec 22, 2021
Jkt 256001
2. Email: to CommACHeatingEquip
Cat2017TP0018@ee.doe.gov. Include
docket number EERE–2017–BT–TP–
0018 in the subject line of the message.
No telefacsimiles (faxes) will be
accepted. For detailed instructions on
submitting comments and additional
information on this process, see section
V of this document (Public
Participation).
Although DOE has routinely accepted
public comment submissions through a
variety of mechanisms, including postal
mail and hand delivery/courier, the
Department has found it necessary to
make temporary modifications to the
comment submission process in light of
the ongoing coronavirus (COVID–19)
pandemic. DOE is currently accepting
only electronic submissions at this time.
If a commenter finds that this change
poses an undue hardship, please contact
Appliance Standards Program staff at
(202) 586–1445 to discuss the need for
alternative arrangements. Once the
COVID–19 pandemic health emergency
is resolved, DOE anticipates resuming
all of its regular options for public
comment submission, including postal
mail and hand delivery/courier.
Docket: The docket, which includes
Federal Register notices, public
meeting/webinar attendee lists and
transcripts, comments, and other
supporting documents/materials, is
available for review at
www.regulations.gov. All documents in
the docket are listed in the
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:
www.regulations.gov/docket/EERE2017-BT-TP-0018. The docket web page
contains instructions on how to access
all documents, including public
comments, in the docket. See section V
(Public Participation) for information on
how to submit comments through
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Ms. Catherine Rivest, 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–
7335. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
Mr. Matthew Ring, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585. Telephone:
(202) 586–2555. Email: Matthew.Ring@
hq.doe.gov.
For further information on how to
submit a comment, review other public
comments and the docket, or participate
in the webinar, contact the Appliance
and Equipment Standards Program staff
at (202) 287–1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
DOE
maintains its proposal to incorporate by
reference the following industry
standards into title 10 of the Code of
Federal Regulations (‘‘CFR’’) part 431:
Air-Conditioning, Heating, and
Refrigeration Institute (‘‘AHRI’’)
Standard 920–2020 (I–P), ‘‘2020
Standard for Performance Rating of
Direct Expansion-Dedicated Outdoor
Air System Units,’’ approved February
4, 2020.
AHRI Standard 1060–2018, ‘‘2018
Standard for Performance Rating of Airto-Air Exchangers for Energy Recovery
Ventilation Equipment,’’ approved
2018.
Copies of AHRI Standard 920–2020
(I–P), and AHRI Standard 1060–2018
can be obtained from the Airconditioning, Heating, and Refrigeration
Institute, 2311 Wilson Blvd., Suite 400,
Arlington, VA 22201, (703) 524–8800, or
online at: www.ahrinet.org/.
ANSI/American Society of Heating,
Refrigerating and Air-Conditioning
Engineers (‘‘ASHRAE’’) Standard 37–
2009, ‘‘Methods of Testing for Rating
Electrically Driven Unitary AirConditioning and Heat Pump
Equipment,’’ ASHRAE approved June
24, 2009.
ANSI/ASHRAE Standard 41.1–2013,
‘‘Standard Method for Temperature
Measurement,’’ ANSI approved January
30, 2013.
ANSI/ASHRAE Standard 41.6–2014,
‘‘Standard Method for Humidity
Measurement,’’ ANSI approved July 3,
2014.
ANSI/ASHRAE Standard 198–2013,
‘‘Method of Test for Rating DXDedicated Outdoor Air Systems for
Moisture Removal Capacity and
Moisture Removal Efficiency,’’ ANSI
approved January 30, 2013.
Copies of ANSI/ASHRAE Standard
37–2009, ANSI/ASHRAE Standard
SUPPLEMENTARY INFORMATION:
E:\FR\FM\23DEP1.SGM
23DEP1
Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Proposed Rules
41.1–2013, ANSI/ASHRAE Standard
41.6–2014, and ANSI/ASHRAE
Standard 198–2013 can be obtained
from the American Society of Heating,
Refrigerating and Air-Conditioning
Engineers, 180 Technology Parkway,
Peachtree Corners, GA 30092, (404)
636–8400, or online at: www.ashrae.org.
See section IV.M of this document for
a further discussion of these standards.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Supplemental Notice of
Proposed Rulemaking
III. Discussion
A. Terminology for Covered Equipment
B. Specific Components
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal
Energy Administration Act of 1974
M. Description of Materials Incorporated
by Reference
V. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Authority and Background
jspears on DSK121TN23PROD with PROPOSALS1
A. Authority
The Energy Policy and Conservation
Act (‘‘EPCA’’),1 as amended, among
other things, authorizes DOE to regulate
the energy efficiency of a number of
consumer products and certain
industrial equipment. Title III, Part C 2
of EPCA, Public Law 94–163 (42 U.S.C.
6311–6317, as codified), added by
Public Law 95–619, Title IV, section
441(a), established the Energy
Conservation Program for Certain
Industrial Equipment, which sets forth a
variety of provisions designed to
improve energy efficiency. This covered
equipment includes small, large, and
very large commercial package air
conditioning and heating equipment.
1 All references to EPCA in this document refer
to the statute as amended through the Energy Act
of 2020, Public Law 116–260 (Dec. 27, 2020).
2 For editorial reasons, upon codification in the
U.S. Code, Part C was redesignated Part A–1.
VerDate Sep<11>2014
20:28 Dec 22, 2021
Jkt 256001
(42 U.S.C. 6311(1)(B)–(D)) DOE has
initially determined that commercial
package air conditioning and heating
equipment includes unitary dedicated
outdoor air systems (‘‘Unitary
DOASes’’).3 As discussed in section I.B
of this document, these equipment have
not previously been addressed in DOE
rulemakings and are not currently
subject to Federal test procedures or
energy conservation standards.
Under EPCA, DOE’s 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 EPCA specifically include
definitions (42 U.S.C. 6311), energy
conservation 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; 42 U.S.C. 6296).
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 uses these test
procedures to determine whether the
equipment complies with relevant
standards promulgated under EPCA.
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 waivers of Federal
preemption in limited circumstances for
particular State laws or regulations, in
accordance with the procedures and
other provisions of EPCA. (42 U.S.C.
6316(b)(2)(D))
Under 42 U.S.C. 6314, the statute also
sets forth the criteria and procedures
DOE is required to follow when
prescribing or amending test procedures
for covered equipment. Specifically,
EPCA requires that any test procedure
prescribed or amended shall be
reasonably designed to produce test
results which measure energy
efficiency, energy use, or estimated
3 As discussed in section III.A of this SNOPR,
DOE is proposing to use the terms DX–DOAS and
Unitary DOAS in this SNOPR, in place of the terms
‘‘dehumidifying direct expansion-dedicated
outdoor air systems’’ and ‘‘DX–DOAS’’,
respectively, which were used in the July 2021
NOPR.
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
72875
annual operating cost of covered
equipment during a representative
average use cycle and requires that test
procedures not be unduly burdensome
to conduct. (42 U.S.C. 6314(a)(2))
EPCA requires that the test
procedures for commercial package air
conditioning and heating equipment be
those generally accepted industry
testing procedures or rating procedures
developed or recognized by the AirConditioning, 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 update 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
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))
EPCA also requires that, at least once
every seven years, DOE evaluate test
procedures for each type of covered
equipment, including commercial
package air conditioning and heating
equipment to determine whether
amended test procedures would more
accurately or fully comply with the
requirements for the test procedures not
to 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)–(3)) In
addition, if DOE determines that a test
procedure amendment is warranted, it
must publish proposed test procedures
in the Federal Register and afford
interested persons an opportunity (of
not less than 45 days duration) to
present oral and written data, views,
and arguments on the proposed test
procedures. (42 U.S.C. 6314(b)) If DOE
determines that test procedure revisions
are not appropriate, DOE must publish
in the Federal Register its
determination not to amend the test
procedures. (42 U.S.C. 6314(a)(1)(A)(ii))
As discussed in section I.B of this
document, a test procedure for DX–
DOASes was first specified by ASHRAE
Standard 90.1 in the 2016 edition
(‘‘ASHRAE Standard 90.1–2016’’).
Pursuant to 42 U.S.C. 6314(a)(4)(B) and
following updates to the relevant test
procedures which were referenced in
E:\FR\FM\23DEP1.SGM
23DEP1
72876
Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Proposed Rules
ASHRAE Standard 90.1, DOE is
conducting this rulemaking to establish
a test procedure for DX–DOASes in
satisfaction of its aforementioned
obligations under EPCA.
B. Background
From a functional perspective,
Unitary DOASes operate similarly to
other categories of commercial package
air conditioning and heat pump
equipment, in that they provide
conditioning using a refrigeration cycle
generally consisting of a compressor,
condenser, expansion valve, and
evaporator. Unitary DOASes provide
ventilation and conditioning of 100percent outdoor air to the conditioned
space, whereas for typical commercial
package air conditioners that are central
air conditioners, outdoor air makes up
only a small portion of the total airflow
(usually less than 50 percent). Unitary
DOASes are typically installed in
addition to a local, primary cooling or
heating system (e.g., commercial unitary
air conditioner, variable refrigerant flow
system, chilled water system, watersource heat pumps)—the Unitary DOAS
conditions the outdoor ventilation air,
while the primary system provides
cooling or heating to balance building
shell and interior loads and solar heat
gain. According to ASHRAE, a welldesigned system using a Unitary DOAS
can ventilate a building at lower
installed cost, reduce overall annual
building energy use, and improve
indoor environmental quality.4
On October 26, 2016, ASHRAE
published ASHRAE Standard 90.1–
2016, which for the first time specified
a test standard and efficiency standards
for DX–DOASes. ASHRAE Standard
90.1–2016 (and the subsequent 2019
edition) defines a DX–DOAS as a type
of air-cooled, water-cooled, or watersource factory assembled product that
dehumidifies 100 percent outdoor air to
a low dew point and includes reheat
that is capable of controlling the supply
dry-bulb temperature of the
dehumidified air to the designed supply
air temperature. This conditioned
outdoor air is then delivered directly or
indirectly to the conditioned spaces. It
may precondition outdoor air by
containing an enthalpy wheel, sensible
wheel, desiccant wheel, plate heat
exchanger, heat pipes, or other heat or
mass transfer apparatus.
When operating in humid conditions,
the dehumidification load from the
outdoor ventilation air is a much larger
percentage of the total cooling load for
a DX–DOAS than for a typical
commercial air conditioner.
Additionally, compared to a typical
commercial air conditioner, the amount
of total cooling (both sensible and
latent) is much greater per pound of air
for a DX–DOAS at design conditions
(i.e., the warmest/most humid expected
summer conditions), and a DX–DOAS is
designed to accommodate greater
variation in entering air temperature
and humidity (i.e., a typical commercial
air conditioner would not be able to
dehumidify 100-percent outdoor
ventilation air to the levels achieved by
a DX–DOAS). Not all Unitary DOASes
have this dehumidification capability.
The amendment to ASHRAE Standard
90.1 to specify an industry test standard
for DX–DOASes triggered DOE’s
obligations vis-a`-vis test procedures
under 42 U.S.C. 6314(a)(4)(B), as
outlined previously. On October 25,
2019, ASHRAE published an updated
version of ASHRAE Standard 90.1
(‘‘ASHRAE Standards 90.1–2019’’),
which maintained the DX–DOAS
provisions as first introduced in
ASHRAE Standard 90.1–2016 without
revisions.
On July 7, 2021, DOE published a
notice of proposed rulemaking
(‘‘NOPR’’) pertaining to small, large, and
very large commercial package air
conditioning and heating equipment
which provide conditioning and
ventilation of 100-percent outdoor air.
86 FR 36018 (July 2021 NOPR). In the
July 2021 NOPR, DOE proposed to
establish a definition for Unitary DOAS
(referred to as ‘‘DX–DOAS’’ in the July
2021 NOPR) as a category of commercial
package air conditioning and heating
equipment and adopt a new test
procedure for DX–DOASes (referred to
as ‘‘DDX–DOASes’’ in the July 2021
NOPR) that incorporates by reference
the most up to date industry consensus
test standard referenced in ASHRAE
Standard 90.1–2019.
The proposed test procedure would
apply to all DX–DOASes for which
ASHRAE 90.1–2019 specifies standards,
with the exception of ground-watersource equipment, as discussed in
section III.A.1 of the July 2021 NOPR.
86 FR 36018, 36023. More specifically,
DOE proposed to update 10 CFR 431.96,
‘‘Uniform test method for the
measurement of energy efficiency of
commercial air conditioners and heat
pumps,’’ to adopt a new test procedure
for DX–DOASes as follows: (1)
Incorporate by reference AHRI Standard
920–2020 (I–P), ‘‘Performance Rating of
Direct Expansion-Dedicated Outdoor
Air System Units’’ (‘‘AHRI 920–2020’’),
the most recent version of the test
procedure recognized by ASHRAE
Standard 90.1 for DX–DOASes, and the
relevant industry standards referenced
therein; (2) establish the scope of
coverage for the test procedure; (3) add
definitions for Unitary DOAS and DX–
DOAS, as well as additional
terminology required by the test
procedure; (4) adopt the integrated
seasonal moisture removal efficiency, as
measured according to the most recent
applicable industry standard
(‘‘ISMRE2’’), and integrated seasonal
coefficient of performance (‘‘ISCOP2’’),
as measured according to the most
recent applicable industry standard, as
energy efficiency descriptors for
dehumidification and heating mode,
respectively; and (5) establish
representation requirements. DOE also
proposed to add a new appendix B to
subpart F of part 431, titled ‘‘Uniform
test method for measuring the energy
consumption of direct expansiondedicated outdoor air systems,’’
(‘‘appendix B’’) that would include
these new test procedure requirements.
In conjunction, DOE proposed to amend
Table 1 in 10 CFR 431.96 to identify the
proposed appendix B as the applicable
test procedure for testing DX–DOASes.
DOE tentatively determined that the
proposed test procedure would not be
unduly burdensome to conduct.
DOE received a number of comments
from interested parties in response to
the July 2021 NOPR. Table I–1 lists the
commenters, along with each
commenter’s abbreviated name used
throughout this SNOPR.
jspears on DSK121TN23PROD with PROPOSALS1
TABLE I–1—INTERESTED PARTIES PROVIDING COMMENTS ON THE JULY 2021 NOPR
Name
Abbreviation
Air-Conditioning, Heating, and Refrigeration Institute ..................................................................................
Appliance Standards Awareness Project (ASAP), American Council for an Energy-Efficient Economy
(ACEEE).
AHRI ......................
Joint Advocates .....
4 From the June 2018 ASHRAE eSociety
Newsletter (Available at: www.ashrae.org/news/
VerDate Sep<11>2014
20:28 Dec 22, 2021
Jkt 256001
esociety/what-s-new-in-doas-and-refrigerantresearch) (Last accessed May 24, 2021).
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
E:\FR\FM\23DEP1.SGM
23DEP1
Type1
IR
EA
72877
Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Proposed Rules
TABLE I–1—INTERESTED PARTIES PROVIDING COMMENTS ON THE JULY 2021 NOPR—Continued
Type1
Name
Abbreviation
Pacific Gas and Electric Company (PG&E), San Diego Gas and Electric (SDG&E), and Southern California Edison (SCE), collectively referred to as California Investor-Owned Utilities (CA IOUs).
Carrier Corporation .......................................................................................................................................
Emerson Commercial and Residential Solutions .........................................................................................
Madison Indoor Air Quality ...........................................................................................................................
Northwest Energy Efficiency Alliance ...........................................................................................................
Trane Technologies ......................................................................................................................................
CA IOUs ................
U
Carrier ....................
Emerson ................
MIAQ ......................
NEEA .....................
Trane .....................
M
M
M
EA
M
1 EA:
Efficiency/Environmental Advocate; IR: Industry Representative; M: Manufacturer; U: Utility.
This SNOPR addresses only those
comments relevant to the proposals laid
out in this document; all other relevant
comments will be addressed in a future
stage of the rulemaking. A parenthetical
reference at the end of a comment
quotation or paraphrase provides the
location of the item in the public
record.5
II. Synopsis of the Supplemental Notice
of Proposed Rulemaking
In this SNOPR, DOE is proposing
revised terminology for the equipment
subject to this rulemaking. DOE is
proposing to define the abbreviated term
Unitary DOAS to mean unitary
dedicated outdoor air system, instead of
the term ‘‘DX–DOAS’’ as proposed in
the July 2021 NOPR. DOE also is
proposing to define the abbreviated term
DX–DOAS to mean a direct expansiondedicated outdoor air system, as
opposed to ‘‘dehumidifying directexpansion dedicated outdoor air
system’’ (‘‘DDX–DOAS’’) as proposed in
the July 2021 NOPR. This change to the
proposal would more closely align
DOE’s terminology with that used in
industry. DOE is not, however,
proposing substantial updates to the
definitions of these terms. This topic is
addressed in section III.A of this
SNOPR.
Secondly, DOE is proposing an
update to the provisions pertaining to
testing and representations for
equipment with special components.
The July 2021 NOPR proposed to
reference the entirety of Appendix F of
AHRI 920–2020, ‘‘Unit Configuration for
Standard Efficiency Determination,’’ in
section 1.1(a)(vii) and section 2.2.1(h) of
the proposed appendix B test procedure.
However, Appendix F of AHRI 920–
2020 includes two types of instructions:
(1) Alternative test methods for certain
special components, and (2) whether
special components should be present
during testing for the determination of
energy efficiency representations. As a
result, DOE has provisionally
determined that it is necessary to
reference these instructions in the
proposed appendix B test procedure and
in the proposed representation
requirements at 10 CFR 429.43 to
provide more detailed direction. DOE
also is proposing one deviation from the
instructions in Appendix F to AHRI
920–2020. This topic is addressed in
section III.B of this SNOPR.
Additionally, Appendix F of AHRI 920–
2020 also allows an option for testing
specially built models that do not
include a feature if no models are
distributed in commerce with that
feature. DOE is proposing not to include
this option in its certification and
enforcement provisions. This topic is
also addressed in section III.B of this
SNOPR.
Finally, DOE is correcting its
references in the proposal to the
industry test standard AHRI 1060–2018,
‘‘2018 Standard for Performance Rating
of Air-to-Air Exchangers for Energy
Recovery Ventilation Equipment,’’
which was incorrectly attributed as
being certified by the American
National Standards Institute (‘‘ANSI’’)
in the July 2021 NOPR.
DOE’s proposed actions are
summarized in Table II.1 and addressed
in detail in section III of this document.
jspears on DSK121TN23PROD with PROPOSALS1
TABLE II.1—SUMMARY OF PROPOSED TEST PROCEDURE FOR DX–DOASES ADDRESSED IN THIS SNOPR
July 2021 NOPR proposals
SNOPR
Attribution
Defines the abbreviated term ‘‘DX–DOAS’’ to
refer to direct expansion-dedicated outdoor
air systems and define such equipment as
covered equipment.
Defines the abbreviated term ‘‘DDX–DOAS’’ to
refer to the dehumidifying direct expansiondedicated outdoor air systems proposed to
be within scope of the proposed test procedure.
Incorporates by reference AHRI 920–2020 and
other relevant industry test standards referenced by that standard, including a list of
components that must be present for testing
and provisions for testing units with certain
optional features.
Replaces the term ‘‘DX–DOAS’’ with Unitary
DOAS.
The term ‘‘DX–DOAS’’ will be used to refer to
the subcategory of equipment within the
scope of the proposed test procedure.
Replaces the term ‘‘DDX–DOAS’’ with DX–
DOAS.
Align with industry terminology.
Re-organizes the instructions in AHRI 920–
2020 10 CFR 429.43 for components that
must be present for testing, and the proposed appendix B test procedure for provisions for testing units with certain optional
features.
Proposes to include instruction that coated
coils be present during testing if the individual unit under test has this special component.
Re-organization of regulatory provisions.
dehumidifying direct expansion-dedicated outdoor
air system. (Docket No. EERE–2017–BT–TP–0018,
which is maintained at www.regulations.gov). The
references are arranged as follows: (commenter
name, comment docket ID number, page of that
document).
5 The parenthetical reference provides a reference
for information located in the docket of DOE’s
rulemaking to develop test procedures for
VerDate Sep<11>2014
20:28 Dec 22, 2021
Jkt 256001
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
Clarification of representation requirements.
E:\FR\FM\23DEP1.SGM
23DEP1
72878
Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Proposed Rules
TABLE II.1—SUMMARY OF PROPOSED TEST PROCEDURE FOR DX–DOASES ADDRESSED IN THIS SNOPR—Continued
July 2021 NOPR proposals
SNOPR
Incorrectly refers to AHRI 1060–2018 as being
certified by ANSI.
jspears on DSK121TN23PROD with PROPOSALS1
III. Discussion
A. Terminology for Covered Equipment
In the July 2021 NOPR, DOE proposed
to establish terms and definitions for
dedicated outdoor air systems that are
small, large, and very large commercial
package air conditioning and heating
equipment. 86 FR 36018, 36023. DOE
proposed to refer to the general category
of this equipment as ‘‘DX–DOAS’’ (i.e.,
Unitary DOAS, as proposed in this
SNOPR), whereas the specific
equipment with the capability to
dehumidify outdoor air to a low dew
point would be referred to as ‘‘DDX–
DOAS’’ (i.e., DX–DOAS, as proposed in
this SNOPR). However, the abbreviated
term ‘‘DX–DOAS’’ is used in AHRI 920–
2020 and ASHRAE Standard 90.1 to
refer specifically to equipment with a
high degree of dehumidification
capacity. 86 FR 36018, 36020, 36023.
DOE requested comment upon its
proposed terms and definitions in the
July 2021 NOPR. 86 FR 36018, 36022–
36024. In response, DOE received
comments from AHRI, CA IOUs, Carrier,
Emerson, MIAQ, and Trane. (AHRI, No.
18, p. 9; AHRI, No. 22, pp. 4–6; CA
IOUs, No. 25, pp. 3–4; Carrier, No. 20,
p. 2; MIAQ, No. 19, pp. 2–3; Trane, No.
23, p. 1) The CA IOUs and Carrier
supported DOE’s proposal to use ‘‘DX–
DOAS’’ (i.e., Unitary DOAS, as
proposed in this SNOPR) as a more
generic term and ‘‘DDX–DOAS’’ (i.e.,
DX–DOAS, as proposed in this SNOPR)
as the specific term to describe the
equipment covered by the proposed test
procedure. (CA IOUs, No. 25, p. 3;
Carrier, No. 20, p. 2) AHRI, Emerson,
MIAQ, and Trane raised concerns that
deviating from the already industryaccepted terminology would cause
supply-chain and market confusion.
(AHRI, No. 18, p. 9; AHRI, No. 22, pp.
4–5; MIAQ, No. 19, pp. 2–3; Trane, No.
23, p. 1)
AHRI stated that specifiers,
contractors, and manufacturers are
familiar with the acronyms ‘‘DOAS’’
and ‘‘DX–DOAS’’ but not ‘‘DDX–
DOAS’’. (AHRI, No. 18, p. 9) AHRI also
commented that common industry
terminology should be maintained to
prevent market confusion because the
market is familiar with the term DX–
VerDate Sep<11>2014
20:28 Dec 22, 2021
Jkt 256001
Attribution
Proposal to exclude industry test standard
provisions regarding testing of specially built
models.
Corrects the title of AHRI 1060–2018 ..............
Clarification of representation requirements.
DOAS being used to refer to equipment
that is capable of supplying 100-percent
outdoor air for ventilation purposes,
with dehumidification. (AHRI, No. 22,
pp. 4–5) AHRI noted that this definition
was originally established in ASHRAE
Standard 90.1–2016, and AHRI 920 has
referred to dehumidifying, refrigerantdriven DOAS as DX–DOAS. (Id.) AHRI
urged DOE to adopt DX–DOAS as the
term used to describe the dehumidifying
equipment and stated that industry is
adamantly against referring to
dehumidifying DOAS as ‘‘DDX–DOAS’’.
(Id.)
Emerson agreed with the approach
suggested by AHRI to adopt the term
DX–DOAS and stated that this approach
may be less likely to cause confusion in
the market. (Emerson, No. 27, p. 2)
MIAQ also urged DOE to adopt the term
DX–DOAS for this purpose. (MIAQ, No.
19, p. 2)
Trane requested that DOE use the
term ‘‘DOAS’’ for the equipment under
consideration and provided a collection
of Trane product literature using this
term across 20 years. (Trane, No. 23, p.
1) Trane commented that the industry
recognizes a ‘‘DOAS’’ as equipment that
is capable of dehumidifying 100-percent
outdoor air below a 55 °F dew point;
changing this terminology would cause
confusion to customers and would
undermine the purpose of the AHRI 920
standard. (Id.)
AHRI indicated that its members were
largely in agreement with the
definitions proposed, but the major
concern is regarding the terminology or
acronym used to describe the
equipment. (AHRI, No. 18, p. 9) MIAQ
also stated that MIAQ agrees with DOE’s
proposed terminology with the noted
exception that DOE should use DX–
DOAS instead of ‘‘DDX–DOAS.’’ (MIAQ,
No. 19, p. 3)
DOE appreciates these comments
from stakeholders and understands the
concerns regarding introducing a new,
unfamiliar term into the market when a
different term may already be wellestablished. Based on comments
received, DOE is revising its proposal to
use the abbreviated term DX–DOAS to
refer to the dedicated outdoor air system
equipment called DDX–DOAS in the
July 2021 NOPR. Unlike the simpler
term ‘‘DOAS’’ suggested by Trane, DX–
DOAS is used in ASHRAE Standard
90.1 and AHRI 920 and thus would
appear to be more generally accepted by
industry to specifically refer to this type
of equipment.
The CA IOUs expressed that there is
ambiguity regarding equipment that
conditions 100-percent outdoor air but
does not dehumidify to the levels
specified in the DX–DOAS definition,
such as makeup air units (‘‘MUAs’’).
The CA IOUs noted that AHRI 920–2020
references, but does not define,
‘‘sensible-only 100-percent outdoor air
units.’’ (CA IOUs, No. 25, pp. 3–4)
Other industry stakeholders suggested
potential ways to define these types of
equipment that do not humidify to the
levels specified in the proposed DX–
DOAS definition. AHRI commented that
DOE’s definitions should differentiate
between dehumidifying and nondehumidifying dedicated outdoor air
systems. AHRI suggested defining
direct-expansion units capable of
providing 100-percent outdoor air but
not capable of meeting the
dehumidification criteria set forth in
AHRI 920 as ‘‘non-dehumidifying DX–
DOAS’’ or ‘‘ND–DX–DOAS.’’ AHRI
stated that DOE’s regulations should
focus on how these products are
represented in the market because
operating conditions, rather than
features, differentiate DX–DOASes from
ND–DX–DOASes. AHRI also indicated
key differences between DX–DOASes
and ND–DX–DOASes and commercial
unitary air conditioners (‘‘CUACs’’),
specifically stating that DX–DOASes
may include a reheat coil to provide
space-neutral supply air, but that ND–
DX–DOASes will not have a reheat coil;
design conditions are different for DX–
DOASes, ND–DX–DOASes, and CUACs;
and design airflow rates for these
equipment are around 146.5 cubic feet
per minute per ton (‘‘cfm/ton’’) for DX–
DOASes, 360 cfm/ton for CUACs, and
550 cfm/ton for ND–DX–DOASes.
(AHRI, No. 22, pp. 4–5)
MIAQ provided similar comments
discussing DX–DOASes, ND–DX–
DOASes, and CUACs, and supported the
adoption of a definition for ND–DX–
DOASes. (MIAQ, No. 19, p. 2) AHRI and
MIAQ urged DOE to adopt definitions
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
Correction of an inaccurate citation.
E:\FR\FM\23DEP1.SGM
23DEP1
Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Proposed Rules
for DX–DOAS and ND–DX–DOAS.
(AHRI, No. 22, p. 6; MIAQ, No. 19, p.
2) Emerson agreed with the approach
proposed by AHRI. (Emerson, No. 27, p.
2)
DOE understands that the approach
proposed by AHRI would establish
mutually exclusive equipment
categories—DX–DOAS and ND–DX–
DOAS—where ND–DX–DOAS would
likely capture the MUAs highlighted by
the CA IOUs. However, in this SNOPR,
DOE is not addressing substantive
changes to the definitions proposed in
the July 2021 NOPR. Based on
stakeholder comment, DOE has
tentatively determined that the DX–
DOAS term proposed in this SNOPR is
generally consistent with the term used
in industry. Therefore, DOE is only
proposing to update the terminology
used to refer to the definitions proposed
in the July 2021 NOPR in order to avoid
confusion with industry. DOE is
maintaining its approach proposed in
the July 2021 NOPR (to establish one
generic definition and one specific
definition for dehumidifying
equipment), but is revising its proposal
to use the terms Unitary DOAS and DX–
DOAS.
As a result, in this SNOPR, DOE is
proposing the terms Unitary dedicated
outdoor air system, or Unitary DOAS,
and Direct expansion-dedicated outdoor
air system, or DX–DOAS, be updated as
set out in the regulatory text at the end
of this document.
Issue-1: DOE seeks comment on the
revised terms for Unitary DOAS and
DX–DOAS, which replace the terms
DX–DOAS and DDX–DOAS in the July
2021 NOPR, respectively.
B. Specific Components
jspears on DSK121TN23PROD with PROPOSALS1
In the July 2021 NOPR, DOE proposed
to adopt Appendix F of AHRI 920–2020.
AHRI 920–2020 includes Appendix F,
‘‘Unit Configuration for Standard
Efficiency Determination—Normative.’’
Section F2.4 includes a list of features
that are optional for testing.6 Section
F2.4 of AHRI 920–2020 further specifies
the following general provisions
regarding testing of units with optional
features:
• If an otherwise identical model
(within the same basic model) without
the feature is distributed in commerce,
test the otherwise identical model.
6 On January 30, 2015, DOE issued a Commercial
HVAC Enforcement Policy addressing the treatment
of specific features during Departmental testing of
commercial HVAC equipment. Many of the features
in the Commercial HVAC Enforcement Policy are
present in Appendix F of AHRI 920–2020, however,
the Commercial HVAC Enforcement Policy is not
applicable to DX–DOASes and is therefore not
applicable in this rulemaking.
VerDate Sep<11>2014
20:28 Dec 22, 2021
Jkt 256001
• If an otherwise identical model
(within the same basic model) without
the feature is not distributed in
commerce, conduct tests with the
feature present but configured and deactivated so as to minimize (partially or
totally) the impact on the results of the
test (as determined per the provisions in
section D2). Alternatively, the
manufacturer may indicate in the
supplemental testing instructions that
the test shall be conducted using a
specially built otherwise identical unit
that is not distributed in commerce and
does not have the feature.
DOE has tentatively determined that
testing specially built units would not
provide ratings representative of
equipment distributed in commerce.
Therefore, DOE is not proposing to
include this option for testing specially
built units in its certification and
enforcement provisions.
DOE notes that the list of features and
provisions in Section F2.4 of Appendix
F of AHRI 920–2020 conflates features
that can be addressed by testing
provisions with features that warrant
enforcement relief (i.e., features that, if
present on a unit under test, could have
a substantive impact on test results and
that cannot be disabled or otherwise
mitigated). This differentiation remains
central to providing clarity in DOE’s
regulations. Further, provisions more
explicit than included in Section F2.4 of
AHRI 920–2020 are warranted to clarify
the differences between how specific
components must be treated when
manufacturers are making
representations as opposed to when
DOE is conducting enforcement testing.
In order to provide clarity between
test procedure provisions (i.e., how to
test a specific unit) and certification and
enforcement provisions (e.g., which
model to test), in this SNOPR, DOE is
not proposing to incorporate by
reference Appendix F of AHRI 920–
2020 and instead is proposing to adopt
certain related provisions in appendix B
to subpart F of part 431 and §§ 429.43
and 429.134.
Specifically, in appendix B, DOE
proposes test provisions for specific
components, including the components
listed in Section F2.4 of AHRI 920–2020
for which there is a neutralizing test
procedure action (i.e., test procedure
provisions specific to the component
that are not addressed by general
provisions in AHRI 920–2020 that
negates the components impact on
performance).7 These provisions would
7 For the following components listed in Section
F2.4 of AHRI 920–2020, DOE has tentatively
concluded that there is not a neutralizing test
procedure action specified in Section F2.4 of AHRI
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
72879
specify how to test a unit equipped with
such a component—e.g., for a unit with
hail guards, remove hail guards for
testing.
In the July 2021 NOPR, DOE noted
that Section F2.3 of AHRI 920–2020
specifies that for supply air filters, the
filter shall have a ‘‘minimum efficiency
reporting value’’ (‘‘MERV’’)
specification no less than MERV 8, and
that the lowest-MERV filter distributed
in commerce with the DOAS model may
be used if it exceeds MERV 8. DOE
notes that by no longer proposing to
incorporate by reference Appendix F to
AHRI 920–2020, DOE would need to
adopt this requirement elsewhere in the
DOE test procedure. DOE is proposing
to include this requirement in appendix
B, consistent with what is specified in
Section F2.3 of AHRI 920–2020
regarding filters. AHRI 920–2020.
DOE is proposing provisions that
would allow determination of
represented values of a model equipped
with a particular component to be based
on an individual model distributed in
commerce without the component in
specific cases. The provisions apply to
certain components for which the test
provisions for testing a unit with the
component may result in differences in
ratings compared to testing a unit
without the component.8 For these such
components, DOE proposes in 10 CFR
429.43(a)(4) that:
• If a basic model includes only
individual models distributed in
commerce with a specific component, or
does not include any otherwise
identical individual models without the
specific component, the manufacturer
must determine represented values for
the basic model based on performance
of an individual model with the
component present (and consistent with
any relevant proposed test procedure
provisions in appendix B).
• If a basic model includes both
individual models distributed in
commerce with a specific component
and otherwise identical individual
models without the specific component,
the manufacturer may determine
represented values for the basic model
based on performance of an individual
920–2020 for testing a unit with the component
present, and is therefore not proposing to include
test procedure actions specific to these components
in appendix B: Coated coils and VERS preheat.
8 DOE has tentatively concluded that for the
following features included in Section 2.4 of AHRI
920–2020, testing a unit with these components in
accordance with the proposed test provisions
would not result in differences in ratings compared
to testing a unit without these components;
therefore, DOE is not proposing to include these
features in 10 CFR 429.43(a)(4): UV lights, higheffective indoor air filtration, power correction
capacitors, and hail guards.
E:\FR\FM\23DEP1.SGM
23DEP1
jspears on DSK121TN23PROD with PROPOSALS1
72880
Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Proposed Rules
model either with the component
present (and consistent with any
relevant proposed test procedure
provisions in appendix B) or without
the component present.
DOE’s proposed provisions in 10 CFR
429.43(a)(4) include all of the optional
features specified in Section F2.4 of
AHRI 920–2020 for which the test
provisions for testing a unit with these
components may result in differences in
ratings compared to testing a unit
without these components, except
coated coils. DOE is proposing to
exclude coated coils from the specific
components list specified in 10 CFR
439.43 because DOE has tentatively
concluded that the presence of coated
coils does not result in a significant
impact to performance of DX–DOASes,
and therefore, that models with coated
coils should be rated based on
performance of models with coated coils
present (rather than based on
performance of an otherwise identical
model without coated coils).
DOE notes that in some cases,
individual models may include multiple
of the specified components or there
may be individual models within a
basic model that include various
dehumidification components that
result in more or less energy use. In
these cases, the represented values of
performance must be representative of
the lowest efficiency found within the
basic model.
In response to the July 2021 NOPR,
the CA IOUs recommended excluding
furnaces from the list of optional
features specified in Section F2.4 of
AHRI 920–2020. The CA IOUs noted
that the test procedure for commercial
unitary air conditioning and heating
equipment (i.e., AHRI 340/360) requires
that a furnace is installed when testing
models that are distributed in commerce
with a furnace. More specifically, the
CA IOUs asserted that rating units
without furnaces is unrepresentative,
and that all DX–DOASes should be
rated with the furnaces installed (i.e.,
the same approach used for commercial
unitary air conditioning and heating
equipment). DOE understands AHRI
920–2020 to represent the industry
consensus position on testing DX–
DOASes and has tentatively determined
that furnaces installed in a DX–DOAS
may result in differences in ratings
compared to testing units without these
components. As such, DOE is proposing
not to deviate from the approach taken
in Section 2.4 of AHRI 920–2020 with
respect to furnaces at this time and is
therefore including furnaces in the
optional features list specified in 10
CFR 429.43(a)(4).
VerDate Sep<11>2014
20:28 Dec 22, 2021
Jkt 256001
DOE is proposing provisions in 10
CFR 429.134 regarding how DOE would
assess compliance for basic models that
include individual models distributed
in commerce with specific
components—these provisions would
simply incorporate the representation
provisions discussed above into DOE’s
product-specific enforcement
provisions.
• If a basic model includes only
individual models distributed in
commerce with a specific component, or
does not include any otherwise
identical individual models without the
specific component, DOE may assess
compliance for the basic model based
on testing an individual model with the
component present (and consistent with
any relevant proposed test procedure
provisions in appendix B).
• If a basic model includes both
individual models distributed in
commerce with a specific component
and otherwise identical individual
models without the specific component,
DOE will assess compliance for the
basic model based on testing of an
otherwise identical model within the
basic model that does not include the
component; except if DOE is not able to
obtain such a model for testing. In such
a case, DOE will assess compliance for
the basic model based on testing of an
individual model with the specific
component present (and consistent with
any relevant proposed test procedure
provisions in appendix B).
Were DOE to adopt the provisions in
appendix B, 10 CFR 429.43, and 10 CFR
429.134 as proposed, DOE may consider
adding certification reporting
requirements in a separate rulemaking
such that manufacturers would be
required to certify which otherwise
identical models are used for making
representations of basic models that
include individual models with specific
components.
Issue-2: DOE requests comment on its
proposals regarding specific
components in appendix B, 10 CFR
429.43, and 10 CFR 429.134.
IV. Procedural Issues and Regulatory
Review
A. Review Under Executive Order 12866
The Office of Management and Budget
(OMB) has determined that this test
procedure rulemaking does not
constitute a ‘‘significant regulatory
action’’ under section 3(f) of Executive
Order 12866, ‘‘Regulatory Planning and
Review,’’ 58 FR 51735 (Oct. 4, 1993).
Accordingly, this action was not subject
to review under the Executive order by
the Office of Information and Regulatory
Affairs (OIRA) in OMB.
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
B. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of an initial regulatory flexibility
analysis (‘‘IRFA’’) for any rule that by
law must be proposed for public
comment, unless the agency certifies
that the rule, if promulgated, will not
have a significant economic impact on
a substantial number of small entities. A
regulatory flexibility analysis examines
the impact of the rule on small entities
and considers alternative ways of
reducing negative effects. As required
by Executive Order 13272, ‘‘Proper
Consideration of Small Entities in
Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003 to ensure that the potential
impacts of its rules on small entities are
properly considered during the DOE
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies
available on the Office of the General
Counsel’s website: www.energy.gov/gc/
office-general-counsel.
DOE reviewed this test procedure
SNOPR pursuant to the Regulatory
Flexibility Act and the procedures and
policies previously discussed. DOE has
concluded that this rule would not have
a significant impact on a substantial
number of small entities. The factual
basis for this certification is set forth
below.
Under 42 U.S.C. 6293, the statute sets
forth the criteria and procedures DOE
must follow when prescribing or
amending test procedures for covered
products. EPCA requires that any test
procedures prescribed or amended
under this section must be reasonably
designed to produce test results which
measure energy efficiency, energy use or
estimated annual operating cost of a
covered product during a representative
average use cycle or period of use and
not be unduly burdensome to conduct.
(42 U.S.C. 6293(b)(3))
Currently, DOE does not have a test
procedure or energy conservation
standards for DX–DOASes. DOE
published a NOPR proposing to
establish a test procedure for DX–
DOASes on July 7, 2021. 86 FR 36018.
DOE conducted an initial regulatory
flexibility analysis (‘‘IRFA’’) as part of
the July 7, 2021 NOPR, and determined
that there are three domestic small
businesses that manufacture DX–
DOASes. Based on stakeholder
feedback, DOE has revised its small
business count to one domestic small
business that manufacturers DX–
DOASes. DOE still tentatively concludes
that the proposed test procedure in that
E:\FR\FM\23DEP1.SGM
23DEP1
Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Proposed Rules
jspears on DSK121TN23PROD with PROPOSALS1
NOPR would not present a significant
burden to small manufacturers. 86 FR
36050.
In this SNOPR, DOE proposes the
following:
• Revising proposed terminology,
changing the ‘‘DX–DOAS’’ term
proposed in the NOPR to ‘‘Unitary
DOAS’’ (the category of commercial
package air-conditioning and heating
equipment) and the ‘‘DDX–DOAS’’ term
proposed in the NOPR to ‘‘DX–DOAS’’
(the subcategory to which this test
procedure applies); and
• Modifying the NOPR proposal to
provide instructions on how
representations shall be made for
equipment with special components.
• Correcting the reference to the
AHRI 1060–2018 test procedure.
The proposed test procedure
amendments in this SNOPR would add
no additional costs for small businesses
because they align the test procedure
definitions with those of industry test
procedures and provide additional
specific instruction for manufacturers.
Therefore, DOE concludes that this
SNOPR would not have a ‘‘significant
economic impact on a substantial
number of small entities,’’ and that the
preparation of an IRFA for this SNOPR
is not warranted. DOE will transmit the
certification and supporting statement
of factual basis to the Chief Counsel for
Advocacy of the Small Business
Administration for review under 5
U.S.C. 605(b).
C. Review Under the Paperwork
Reduction Act of 1995
DOE’s certification and compliance
activities ensure accurate and
comprehensive information about the
energy and water use characteristics of
covered products and covered
equipment sold in the United States.
Manufacturers of all covered products
and covered equipment with applicable
standards must submit a certification
report before a basic model is
distributed in commerce, annually
thereafter, and if the basic model is
redesigned in such a manner to increase
the consumption or decrease the
efficiency of the basic model such that
the certified rating is no longer
supported by the test data. Additionally,
manufacturers must report when
production of a basic model has ceased
and is no longer offered for sale as part
of the next annual certification report
following such cessation. DOE requires
the manufacturer of any covered
product or covered equipment to
establish, maintain, and retain the
records of certification reports, of the
underlying test data for all certification
testing, and of any other testing
VerDate Sep<11>2014
20:28 Dec 22, 2021
Jkt 256001
conducted to satisfy the requirements of
part 429, part 430, and/or part 431.
Certification reports provide DOE and
consumers with comprehensive, up-to
date efficiency information and support
effective enforcement.
DOE is not proposing certification or
reporting requirements for DX–DOASes
in this NOPR. Certification of DX–DOAS
would not be required until such time
as DOE establishes DX–DOAS energy
conservation standards and
manufacturers are required to comply
with those standards. DOE may consider
proposals to establish certification
requirements and reporting for DX–
DOASes under a separate rulemaking
regarding appliance and equipment
certification. DOE will address changes
to OMB Control Number 1910–1400 at
that time, as necessary.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
D. Review Under the National
Environmental Policy Act of 1969
In this SNOPR, DOE proposes test
procedures that it expects will be used
to develop and implement future energy
conservation standards for DX–DOASes.
DOE has determined that this proposed
rule falls into a class of actions that are
categorically excluded from review
under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and DOE’s implementing
regulations at 10 CFR part 1021.
Specifically, DOE has determined that
adopting test procedures for measuring
energy efficiency of consumer products
and industrial equipment is consistent
with activities identified in 10 CFR part
1021, appendix A to subpart D, A5 and
A6. Accordingly, neither an
environmental assessment nor an
environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 4, 1999), imposes
certain requirements on Federal
agencies formulating and implementing
policies or regulations that preempt
State law or that have federalism
implications. The Executive order
requires agencies to examine the
constitutional and statutory authority
supporting any action that would limit
the policymaking discretion of the
States and to carefully assess the
necessity for such actions. The
Executive order also requires agencies to
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
72881
have an accountable process to ensure
meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications. On March 14, 2000, DOE
published a statement of policy
describing the intergovernmental
consultation process it will follow in the
development of such regulations. 65 FR
13735. DOE has examined this proposed
rule and has tentatively determined that
it would not have a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. EPCA
governs and prescribes Federal
preemption of State regulations as to
energy conservation for the products
that are the subject of this proposed
rule. States can petition DOE for
exemption from such preemption to the
extent, and based on criteria, set forth in
EPCA. (42 U.S.C. 6297(d)) No further
action is required by Executive Order
13132.
F. Review Under Executive Order 12988
Regarding the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (Feb. 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) Eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; (3)
provide a clear legal standard for
affected conduct rather than a general
standard, and (4) promote simplification
and burden reduction. Section 3(b) of
Executive Order 12988 specifically
requires that Executive agencies make
every reasonable effort to ensure that the
regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly
specifies any effect on existing Federal
law or regulation; (3) provides a clear
legal standard for affected conduct
while promoting simplification and
burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately
defines key terms, and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, the proposed
rule meets the relevant standards of
Executive Order 12988.
E:\FR\FM\23DEP1.SGM
23DEP1
72882
Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Proposed Rules
G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (‘‘UMRA’’) requires
each Federal agency to assess the effects
of Federal regulatory actions on State,
local, and Tribal governments and the
private sector. Public Law 104–4, sec.
201 (codified at 2 U.S.C. 1531). For a
proposed regulatory action likely to
result in a rule that may cause the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year (adjusted annually for
inflation), section 202 of UMRA requires
a Federal agency to publish a written
statement that estimates the resulting
costs, benefits, and other effects on the
national economy. (2 U.S.C. 1532(a), (b))
The UMRA also requires a Federal
agency to develop an effective process
to permit timely input by elected
officers of State, local, and Tribal
governments on a proposed ‘‘significant
intergovernmental mandate,’’ and
requires an agency plan for giving notice
and opportunity for timely input to
potentially affected small governments
before establishing any requirements
that might significantly or uniquely
affect small governments. On March 18,
1997, DOE published a statement of
policy on its process for
intergovernmental consultation under
UMRA. 62 FR 12820; also available at
www.energy.gov/gc/office-generalcounsel. DOE examined this proposed
rule according to UMRA and its
statement of policy and determined that
the rule contains neither an
intergovernmental mandate, nor a
mandate that may result in the
expenditure of $100 million or more in
any year, so these requirements do not
apply.
jspears on DSK121TN23PROD with PROPOSALS1
H. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being. This
proposed rule would not have any
impact on the autonomy or integrity of
the family as an institution.
Accordingly, DOE has concluded that it
is not necessary to prepare a Family
Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights,’’ 53 FR 8859
VerDate Sep<11>2014
20:28 Dec 22, 2021
Jkt 256001
(March 18, 1988), that this proposed
regulation would not result in any
takings that might require compensation
under the Fifth Amendment to the U.S.
Constitution.
J. Review Under Treasury and General
Government Appropriations Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides
for agencies to review most
disseminations of information to the
public under guidelines established by
each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (Feb. 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (Oct. 7, 2002). DOE has reviewed
this proposed rule under the OMB and
DOE guidelines and has concluded that
it is consistent with applicable policies
in those guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to OMB, a
Statement of Energy Effects for any
proposed significant energy action. A
‘‘significant energy action’’ is defined as
any action by an agency that
promulgated or is expected to lead to
promulgation of a final rule, and that:
(1) Is a significant regulatory action
under Executive Order 12866, or any
successor order; and (2) is likely to have
a significant adverse effect on the
supply, distribution, or use of energy; or
(3) is designated by the Administrator of
OIRA as a significant energy action. For
any proposed significant energy action,
the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use
should the proposal be implemented,
and of reasonable alternatives to the
action and their expected benefits on
energy supply, distribution, and use.
The proposed regulatory action to
adopt a test procedure for measuring the
energy efficiency of DX–DOASes is not
a significant regulatory action under
Executive Order 12866. Moreover, it
would not have a significant adverse
effect on the supply, distribution, or use
of energy, nor has it been designated as
a significant energy action by the
Administrator of OIRA. Therefore, it is
not a significant energy action, and,
accordingly, DOE has not prepared a
Statement of Energy Effects.
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
L. Review Under Section 32 of the
Federal Energy Administration Act of
1974
Under section 301 of the Department
of Energy Organization Act (Pub. L. 95–
91; 42 U.S.C. 7101), DOE must comply
with section 32 of the Federal Energy
Administration Act of 1974, as amended
by the Federal Energy Administration
Authorization Act of 1977. (15 U.S.C.
788; ‘‘FEAA’’) Section 32 essentially
provides in relevant part that, where a
proposed rule authorizes or requires use
of commercial standards, the notice of
proposed rulemaking must inform the
public of the use and background of
such standards. In addition, section
32(c) requires DOE to consult with the
Attorney General and the Chairman of
the Federal Trade Commission (‘‘FTC’’)
concerning the impact of the
commercial or industry standards on
competition.
The proposed test procedure for DX–
DOASes incorporate the following
applicable industry consensus
standards: AHRI 920–2020, AHRI 1060–
2018, ANSI/ASHRAE 37–2009, ANSI/
ASHRAE 41.1–2013, ANSI/ASHRAE
41.6–2014, and ANSI/ASHRAE 198–
2013. DOE has evaluated these
standards and is unable to conclude
whether they fully comply with the
requirements of section 32(b) of the
FEAA (i.e., whether they were
developed in a manner that fully
provides for public participation,
comment, and review). DOE will
consult with both the Attorney General
and the Chairman of the FTC
concerning the impact of these test
procedures on competition, prior to
prescribing a final rule.
M. Description of Materials
Incorporated by Reference
In this SNOPR, DOE maintains its
previous proposal to incorporate by
reference the following test standards:
(1) The test standard published by
AHRI, titled ‘‘2020 Standard for
Performance Rating of DX-Dedicated
Outdoor Air System Units,’’ AHRI
Standard 920–2020 (I–P). AHRI
Standard 920–2020 (I–P) is an industryaccepted test procedure for measuring
the performance of DX-dedicated
outdoor air system units. AHRI
Standard 920–2020 (I–P) is available on
AHRI’s website at: www.ahrinet.org/
App_Content/ahri/files/STANDARDS/
AHRI/AHRI_Standard_920_I–P_
2020.pdf.
(2) The test standard published by
AHRI, titled ‘‘2018 Standard for
Performance Rating of Air-to-Air
Exchangers for Energy Recovery
Ventilation Equipment,’’ AHRI Standard
E:\FR\FM\23DEP1.SGM
23DEP1
jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Proposed Rules
1060–2018. AHRI Standard 1060–2018
is an industry-accepted test procedure
for measuring the performance of air-toair exchangers for energy recovery
ventilation equipment. AHRI Standard
1060–2018 is available on AHRI’s
website at: www.ahrinet.org/App_
Content/ahri/files/STANDARDS/AHRI/
AHRI_Standard_1060_I-P_2018.pdf.
(3) The test standard test standard
published by ASHRAE, titled ‘‘Methods
of Testing for Rating Electrically Driven
Unitary Air-Conditioning and Heat
Pump Equipment,’’ ANSI/ASHRAE
Standard 37–2009. ANSI/ASHRAE
Standard 37–2009 is an industryaccepted test procedure for measuring
the performance of electrically driven
unitary air-conditioning and heat pump
equipment. ANSI/ASHRAE Standard
37–2009 is available on ASHRAE’s
website (in partnership with Techstreet)
at: www.techstreet.com/ashrae/
standards/ashrae-37-2009?product_
id=1650947.
(4) The test standard published by
ASHRAE, titled ‘‘Standard Method for
Temperature Measurement,’’ ANSI/
ASHRAE Standard 41.1–2013. ANSI/
AHRAE Standard 41.1–2013 is an
industry-accepted test procedure for
measuring temperature. ANSI/ASHRAE
Standard 41.1–2013 is available on
ASHRAE’s website (in partnership with
Techstreet) at: www.techstreet.com/
ashrae/standards/ashrae-41-12013?product_id=1853241.
(5) The test standard published by
ASHRAE, titled ‘‘Standard Method for
Humidity Measurement,’’ ANSI/
ASHRAE Standard 41.6–2014. ANSI/
AHRAE Standard 41.6–2014 is an
industry-accepted test procedure for
measuring humidity. ANSI/ASHRAE
Standard 41.6–2014 is available on
ASHRAE’s website (in partnership with
Techstreet) at: www.techstreet.com/
ashrae/standards/ashrae-41-62014?product_id=1881840.
(6) The test standard published by
ASHRAE, titled ‘‘Method for Test for
Rating DX-Dedicated Outdoor Air
Systems for Moisture Removal Capacity
and Moisture Removal Efficiency,’’
ANSI/ASHRAE Standard 198–2013.
ANSI/ASHRAE Standard 198–2013 is
an industry-accepted test procedure for
measuring the performance of DXdedicated outdoor air system units.
ANSI/ASHRAE Standard 198–2013 is
available on ASHRAE’s website (in
partnership with Techstreet) at:
www.techstreet.com/ashrae/standards/
ashrae-198-2013?product_id=1852612.
VerDate Sep<11>2014
20:28 Dec 22, 2021
Jkt 256001
V. Public Participation
A. Submission of Comments
DOE will accept comments, data, and
information regarding this proposed
rule no later than the date provided in
the DATES section at the beginning of
this proposed rule. Interested parties
may submit comments using any of the
methods described in the ADDRESSES
section at the beginning of this
document.
Submitting comments via
www.regulations.gov. The
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 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
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 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 www.regulations.gov
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
72883
provides after you have successfully
uploaded your comment.
Submitting comments via email.
Comments and documents submitted
via email also will be posted to
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 in 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. No
telefacsimiles (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.
Pursuant 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 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. DOE
will make its own determination about
the confidential status of the
information and treat it according to its
determination.
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).
B. Issues on Which DOE Seeks Comment
Although DOE welcomes comments
on any aspect of this proposal, DOE is
particularly interested in receiving
E:\FR\FM\23DEP1.SGM
23DEP1
72884
Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Proposed Rules
comments and views of interested
parties concerning the following issues:
Issue-1: DOE seeks comment on the
revised terms for Unitary DOAS and
DX–DOAS, which replace the terms
DX–DOAS and DDX–DOAS in the July
2021 NOPR, respectively.
Issue-2: DOE requests comment on its
proposals regarding specific
components in appendix B, 10 CFR
429.43, and 10 CFR 429.134.
VI. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this supplemental notice
of proposed rulemaking and request for
comment.
List of Subjects
10 CFR Part 429
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements, Small
businesses.
administrative purposes only, and in
compliance with requirements of the
Office of the Federal Register, the
undersigned DOE Federal Register
Liaison Officer has been authorized to
sign and submit the document in
electronic format for publication, as an
official document of the Department of
Energy. This administrative process in
no way alters the legal effect of this
document upon publication in the
Federal Register.
Signed in Washington, DC, on December
15, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
For the reasons stated in the
preamble, DOE is proposing to amend
parts 429 and 431 of chapter II of title
10, Code of Federal Regulations as set
forth below:
PART 429—CERTIFICATION,
COMPLIANCE, AND ENFORCEMENT
FOR CONSUMER PRODUCTS AND
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
1. The authority citation for part 429
continues to read as follows:
■
10 CFR Part 431
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Incorporation by reference, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 6291–6317; 28 U.S.C.
2461 note.
2. Amend § 429.43 by adding
paragraphs (a)(3) and (4) to read as
follows:
■
Signing Authority
This document of the Department of
Energy was signed on December 14,
2021, by Kelly J. Speakes-Backman,
Principal Deputy Assistant Secretary for
Energy Efficiency and Renewable
Energy, pursuant to delegated authority
from the Secretary of Energy. That
document with the original signature
and date is maintained by DOE. For
§ 429.43 Commercial heating, ventilating,
air conditioning (HVAC) equipment.
(a) * * *
(3) Refrigerants. For direct expansiondedicated outdoor air systems (DX–
DOASes) (see § 431.92 of this chapter),
if a basic model is distributed in
commerce for which the manufacturer
specifies the use of more than one
refrigerant option, the integrated
seasonal moisture removal efficiency 2
(ISMRE2) and integrated seasonal
moisture removal efficiency 2 (ISCOP2)
(see § 431.92 of this chapter), as
applicable, are determined for that basic
model using the refrigerant that results
in the lowest ISMRE2 and the
refrigerant that results in the lowest
ISCOP2, as applicable. For example, the
dehumidification performance metric
ISMRE2 must be based on the
refrigerant yielding the lowest ISMRE2,
and the heating performance metric
ISCOP2 (if the unit is a heat pump DX–
DOAS) must be based on the refrigerant
yielding the lowest ISCOP2. A
refrigerant is considered approved for
use if it is listed on the nameplate of the
single package unit or outdoor unit.
Pursuant to the definition of ‘‘basic
model’’ in § 431.92 of this chapter,
specification of an additional refrigerant
option that requires use of different
hardware (i.e., compressors, heat
exchangers, or air moving systems that
are not the same or comparably
performing), results in a different basic
model.
(4) Determination of represented
values for individual models with
specific components for DX–DOAS
equipment. (i) If a manufacturer
distributes in commerce individual
models with one of the components
listed in the following table,
determination of represented values is
dependent on the selected grouping of
individual models into a basic model, as
indicated in paragraphs (a)(4)(ii)
through (v) of this section. For the
purposes of this paragraph (a)(4)(i),
‘‘otherwise identical’’ means differing
only in the presence of specific
components listed in table 1 to this
paragraph (a)(4)(i).
TABLE 1 TO PARAGRAPH (a)(4)(i)
Component
Description
Furnaces and Steam/Hydronic Heat
Coils.
Ducted Condenser Fans .................
jspears on DSK121TN23PROD with PROPOSALS1
Sound Traps/Sound Attenuators ....
Ventilation energy recovery system
(VERS) Preheat.
Furnaces and steam/hydronic heat coils used to provide primary or supplementary heating.
A condenser fan/motor assembly designed for optional external ducting of condenser air that provides
greater pressure rise and has a higher rated motor horsepower than the condenser fan provided as a
standard component with the equipment.
An assembly of structures through which the supply air passes before leaving the equipment or through
which the return air from the building passes immediately after entering the equipment, for which the
sound insertion loss is at least 6 dB for the 125 Hz octave band frequency range.
Electric resistance, hydronic, or steam heating coils used for preheating outdoor air entering a VERS.
(ii) If a basic model includes only
individual models distributed in
commerce without a specific component
listed in paragraph (a)(4)(i) of this
section, the manufacturer must
VerDate Sep<11>2014
20:28 Dec 22, 2021
Jkt 256001
determine represented values for the
basic model based on performance of an
individual model distributed in
commerce without the component.
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
(iii) If a basic model includes only
individual models distributed in
commerce with a specific component
listed in paragraph (a)(4)(i) of this
section, the manufacturer must
E:\FR\FM\23DEP1.SGM
23DEP1
Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Proposed Rules
determine represented values for the
basic model based on performance of an
individual model with the component
present (and consistent with any
component-specific test provisions
specified in section 2.2.2 of appendix B
to subpart F of part 431 of this chapter).
(iv) If a basic model includes both
individual models distributed in
commerce with a specific component
listed in paragraph (a)(4)(i) of this
section and individual models
distributed in commerce without that
specific component, and none of the
individual models distributed in
commerce without the specific
component are otherwise identical to
any given individual model distributed
in commerce with the specific
component, the manufacturer must
consider the performance of individual
models with the component present
when determining represented values
for the basic model (and consistent with
any component-specific test provisions
specified in section 2.2.2 of appendix B
to subpart F of part 431 of this chapter).
(v) If a basic model includes both
individual models distributed in
commerce with a specific component
listed in paragraph (a)(4)(i) of this
section and individual models
distributed in commerce without that
specific component, and at least one of
the individual models distributed in
commerce without the specific
component is otherwise identical to any
given individual model distributed in
commerce with the specific component,
the manufacturer may determine
represented values for the basic model
either:
(A) Based on performance of an
individual model distributed in
commerce without the specific
component, or
(B) Based on performance of an
individual model with the specific
component present (and consistent with
72885
any component-specific test provisions
specified in section 2.2.2 of appendix B
to subpart F of part 431 of this chapter).
(vi) In any of the cases specified in
paragraphs (a)(4)(ii) through (v) of this
section, the represented values for a
basic model must be determined
through either testing (paragraph (a)(1)
of this section) or an alternative
efficiency determination method
(AEDM) (paragraph (a)(2) of this
section).
*
*
*
*
*
■ 3. Amend § 429.70 by revising the
tables in paragraphs (c)(2)(iv) and
(c)(5)(vi)(B) to read as follows:
§ 429.70 Alternative methods for
determining energy efficiency and energy
use.
*
*
*
(c) * * *
(2) * * *
(iv) * * *
*
*
TABLE 1 TO PARAGRAPH (c)(2)(iv)
Minimum number of distinct
models that must be tested
per AEDM
Validation class
Air-Cooled, Split and Packaged Air Conditioners (ACs) and Heat Pumps (HPs) less than 65,000 Btu/h Cooling Capacity (3-Phase).
2 Basic Models.
(A) Commercial HVAC Validation Classes
Air-Cooled, Split and Packaged ACs and HPs greater than or equal to 65,000 Btu/h Cooling Capacity and Less
than 760,000 Btu/h Cooling Capacity.
Water-Cooled, Split and Packaged ACs and HPs, All Cooling Capacities ...................................................................
Evaporatively-Cooled, Split and Packaged ACs and HPs, All Capacities .....................................................................
Water-Source HPs, All Capacities ..................................................................................................................................
Single Package Vertical ACs and HPs ..........................................................................................................................
Packaged Terminal ACs and HPs ..................................................................................................................................
Air-Cooled, Variable Refrigerant Flow ACs and HPs .....................................................................................................
Water-Cooled, Variable Refrigerant Flow ACs and HPs ...............................................................................................
Computer Room Air Conditioners, Air Cooled ...............................................................................................................
Computer Room Air Conditioners, Water-Cooled ..........................................................................................................
Direct Expansion-Dedicated Outdoor Air Systems, Air-cooled or Air-source Heat Pump, Without Ventilation Energy
Recovery Systems.
Direct Expansion-Dedicated Outdoor Air Systems, Air-cooled or Air-source Heat Pump, With Ventilation Energy
Recovery Systems.
Direct Expansion-Dedicated Outdoor Air Systems, Water-cooled, Water-source Heat Pump, or Ground Source
Closed-loop Heat Pump, Without Ventilation Energy Recovery Systems.
Direct Expansion-Dedicated Outdoor Air Systems, Water-cooled, Water-source Heat Pump, or Ground Source
Closed-loop Heat Pump, With Ventilation Energy Recovery Systems.
2 Basic Models.
2
2
2
2
2
2
2
2
2
2
Basic
Basic
Basic
Basic
Basic
Basic
Basic
Basic
Basic
Basic
Models.
Models.
Models.
Models.
Models.
Models.
Models.
Models.
Models.
Models.
2 Basic Models.
2 Basic Models.
2 Basic Models.
jspears on DSK121TN23PROD with PROPOSALS1
(B) Commercial Water Heater Validation Classes
Gas-fired Water Heaters and Hot Water Supply Boilers Less than 10 Gallons ............................................................
Gas-fired Water Heaters and Hot Water Supply Boilers Greater than or Equal to 10 Gallons ....................................
Oil-fired Water Heaters and Hot Water Supply Boilers Less than 10 Gallons ..............................................................
Oil-fired Water Heaters and Hot Water Supply Boilers Greater than or Equal to 10 Gallons ......................................
Electric Water Heaters ....................................................................................................................................................
Heat Pump Water Heaters .............................................................................................................................................
Unfired Hot Water Storage Tanks ..................................................................................................................................
2
2
2
2
2
2
2
Basic
Basic
Basic
Basic
Basic
Basic
Basic
Models.
Models.
Models.
Models.
Models.
Models.
Models.
2
2
2
2
2
Basic
Basic
Basic
Basic
Basic
Models.
Models.
Models.
Models.
Models.
(C) Commercial Packaged Boilers Validation Classes
Gas-fired, Hot Water Only Commercial Packaged Boilers ............................................................................................
Gas-fired, Steam Only Commercial Packaged Boilers ..................................................................................................
Gas-fired Hot Water/Steam Commercial Packaged Boilers ..........................................................................................
Oil-fired, Hot Water Only Commercial Packaged Boilers ..............................................................................................
Oil-fired, Steam Only Commercial Packaged Boilers ....................................................................................................
VerDate Sep<11>2014
20:28 Dec 22, 2021
Jkt 256001
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
E:\FR\FM\23DEP1.SGM
23DEP1
72886
Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Proposed Rules
TABLE 1 TO PARAGRAPH (c)(2)(iv)—Continued
Minimum number of distinct
models that must be tested
per AEDM
Validation class
Oil-fired Hot Water/Steam Commercial Packaged Boilers .............................................................................................
2 Basic Models.
(D) Commercial Furnace Validation Classes
Gas-fired Furnaces .........................................................................................................................................................
Oil-fired Furnaces ...........................................................................................................................................................
2 Basic Models.
2 Basic Models.
(E) Commercial Refrigeration Equipment Validation Classes 1
Self-Contained Open Refrigerators ................................................................................................................................
Self-Contained Open Freezers .......................................................................................................................................
Remote Condensing Open Refrigerators .......................................................................................................................
Remote Condensing Open Freezers ..............................................................................................................................
Self-Contained Closed Refrigerators ..............................................................................................................................
Self-Contained Closed Freezers ....................................................................................................................................
Remote Condensing Closed Refrigerators .....................................................................................................................
Remote Condensing Closed Freezers ...........................................................................................................................
2
2
2
2
2
2
2
2
Basic
Basic
Basic
Basic
Basic
Basic
Basic
Basic
Models.
Models.
Models.
Models.
Models.
Models.
Models.
Models.
1The minimum number of tests indicated above must be comprised of a transparent model, a solid model, a vertical model, a semi-vertical
model, a horizontal model, and a service-over-the counter model, as applicable based on the equipment offering. However, manufacturers do not
need to include all types of these models if it will increase the minimum number of tests that need to be conducted.
*
*
*
(5) * * *
(vi) * * *
*
*
(B) * * *
TABLE 2 TO PARAGRAPH (c)(5)(vi)(B)
Equipment
Metric
Commercial Packaged Boilers ............................................................................................................
Combustion Efficiency .........................................
Thermal Efficiency ...............................................
Thermal Efficiency ...............................................
Standby Loss .......................................................
R-Value ................................................................
Seasonal Energy-Efficiency Ratio .......................
Heating Season Performance Factor ..................
Energy Efficiency Ratio .......................................
Energy Efficiency Ratio .......................................
Coefficient of Performance ..................................
Integrated Energy Efficiency Ratio ......................
Energy Efficiency Ratio .......................................
Coefficient of Performance ..................................
Integrated Energy Efficiency Ratio ......................
Energy Efficiency Ratio .......................................
Coefficient of Performance ..................................
Integrated Energy Efficiency Ratio ......................
Energy Efficiency Ratio .......................................
Coefficient of Performance ..................................
Integrated Energy Efficiency Ratio ......................
Energy Efficiency Ratio .......................................
Coefficient of Performance ..................................
Energy Efficiency Ratio .......................................
Coefficient of Performance ..................................
Energy Efficiency Ratio .......................................
Coefficient of Performance ..................................
Integrated Energy Efficiency Ratio ......................
Net Sensible Coefficient of Performance ............
Integrated Seasonal Coefficient of Performance
2.
Integrated Seasonal Moisture Removal Efficiency 2.
Thermal Efficiency ...............................................
Daily Energy Consumption ..................................
Commercial Water Heaters or Hot Water Supply Boilers ..................................................................
Unfired Storage Tanks ........................................................................................................................
Air-Cooled, Split and Packaged ACs and HPs less than 65,000 Btu/h Cooling Capacity (3-Phase)
Air-Cooled, Split and Packaged ACs and HPs greater than or equal to 65,000 Btu/h Cooling Capacity and Less than 760,000 Btu/h CoolingCapacity.
Water-Cooled, Split and Packaged ACs and HPs, All Cooling Capacities ........................................
Evaporatively-Cooled, Split and Packaged ACs and HPs, All Capacities .........................................
Water-Source HPs, All Capacities ......................................................................................................
Single Package Vertical ACs and HPs ...............................................................................................
Packaged Terminal ACs and HPs ......................................................................................................
Variable Refrigerant Flow ACs and HPs ............................................................................................
jspears on DSK121TN23PROD with PROPOSALS1
Computer Room Air Conditioners .......................................................................................................
Direct Expansion—Dedicated Outdoor Air Systems ..........................................................................
Commercial Warm-Air Furnaces .........................................................................................................
Commercial Refrigeration Equipment .................................................................................................
*
*
*
*
*
■ 4. Amend § 429.134 by adding
paragraph (s) to read as follows:
VerDate Sep<11>2014
20:28 Dec 22, 2021
Jkt 256001
§ 429.134 Product-specific enforcement
provisions.
*
*
*
*
*
(s) Direct expansion-dedicated
outdoor air systems. The following
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
Applicable
tolerance
5% (0.05)
5% (0.05)
5% (0.05)
10% (0.1)
10% (0.1)
5% (0.05)
5% (0.05)
10% (0.1)
5% (0.05)
5% (0.05)
10% (0.1)
5% (0.05)
5% (0.05)
10% (0.1)
5% (0.05)
5% (0.05)
10% (0.1)
5% (0.05)
5% (0.05)
10% (0.1)
5% (0.05)
5% (0.05)
5% (0.05)
5% (0.05)
5% (0.05)
5% (0.05)
10% (0.1)
5% (0.05)
10% (0.1)
10% (0.1)
5% (0.05)
5% (0.05)
provisions apply for assessment and
enforcement testing of models subject to
standards in terms of ISMRE2 or
ISCOP2:
E:\FR\FM\23DEP1.SGM
23DEP1
Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Proposed Rules
(1) Specific components. For basic
models that include individual models
distributed in commerce with any of the
specific components listed at
§ 429.43(a)(4)(i), the following
provisions apply. For the purposes of
this paragraph (s)(1), ‘‘otherwise
identical’’ means differing only in the
presence of specific components listed
at § 429.43(a)(4)(i).
(i) If the basic model includes only
individual models distributed in
commerce with a specific component, or
does not include any otherwise
identical individual models without the
specific component, DOE may assess
compliance for the basic model based
on testing of an individual model with
the component present (and consistent
with any component-specific test
provisions specified in section 2.2.2 of
appendix B to subpart F of 431 of this
chapter).
(ii) If the basic model includes both
individual models distributed in
commerce with a specific component
and otherwise identical individual
models without the specific component,
DOE will assess compliance for the
basic model based on testing an
otherwise identical model within the
basic model that does not include the
component, unless DOE is not able,
through documented reasonable effort,
to obtain an individual model for testing
that does not include the component. In
such a situation, DOE will assess
compliance for the basic model based
on testing of an individual model with
the specific component present (and
consistent with any component-specific
test provisions specified in section 2.2.2
of appendix B to subpart F of 431 of this
chapter).
(2) [Reserved]
PART 431—ENERGY EFFICIENCY
PROGRAM FOR CERTAIN
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
4. The authority citation for part 431
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6317; 28 U.S.C.
2461 note.
5. Amend § 431.2 by revising the
definition of ‘‘Commercial HVAC & WH
product’’ to read as follows:
■
jspears on DSK121TN23PROD with PROPOSALS1
§ 431.2
Definitions.
*
*
*
*
*
Commercial HVAC & WH product
means any small, large, or very large
commercial package air-conditioning
and heating equipment (as defined in
§ 431.92), packaged terminal air
conditioner (as defined in § 431.92),
packaged terminal heat pump (as
defined in § 431.92), single package
VerDate Sep<11>2014
20:28 Dec 22, 2021
Jkt 256001
vertical air conditioner (as defined in
§ 431.92), single package vertical heat
pump (as defined in § 431.92), computer
room air conditioner (as defined in
§ 431.92), variable refrigerant flow
multi-split air conditioner (as defined in
§ 431.92), variable refrigerant flow
multi-split heat pump (as defined in
§ 431.92), unitary dedicated outdoor air
system (as defined in § 431.92),
commercial packaged boiler (as defined
in § 431.82), hot water supply boiler (as
defined in § 431.102), commercial warm
air furnace (as defined in § 431.72),
instantaneous water heater (as defined
in § 431.102), storage water heater (as
defined in § 431.102), or unfired hot
water storage tank (as defined in
§ 431.102).
*
*
*
*
*
■ 6. Amend § 431.92 by:
■ a. Revising the definition of ‘‘Basic
model’’; and
■ b. Adding, in alphabetical order, the
definitions of ‘‘Direct expansiondedicated outdoor air system, or DX–
DOAS,’’ ‘‘Integrated seasonal coefficient
of performance 2, or ISCOP2,’’
‘‘Integrated seasonal moisture removal
efficiency 2, or ISMRE2,’’ ‘‘Unitary
dedicated outdoor air system, or Unitary
DOAS,’’ and ‘‘Ventilation energy
recovery system, or VERS’’.
The revisions and additions read as
follows:
§ 431.92 Definitions concerning
commercial air conditioners and heat
pumps.
*
*
*
*
*
Basic model includes:
(1) Computer room air conditioners
means all units manufactured by one
manufacturer within a single equipment
class, having the same primary energy
source (e.g., electric or gas), and which
have the same or comparably
performing compressor(s), heat
exchangers, and air moving system(s)
that have a common ‘‘nominal’’ cooling
capacity.
(2) Direct expansion-dedicated
outdoor air system means all units
manufactured by one manufacturer,
having the same primary energy source
(e.g., electric or gas), within a single
equipment class; with the same or
comparably performing compressor(s),
heat exchangers, ventilation energy
recovery system(s) (if present), and air
moving system(s) that have a common
‘‘nominal’’ moisture removal capacity.
(3) Packaged terminal air conditioner
(PTAC) or packaged terminal heat
pump (PTHP) means all units
manufactured by one manufacturer
within a single equipment class, having
the same primary energy source (e.g.,
electric or gas), and which have the
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
72887
same or comparable compressors, same
or comparable heat exchangers, and
same or comparable air moving systems
that have a cooling capacity within 300
Btu/h of one another.
(4) Single package vertical units
means all units manufactured by one
manufacturer within a single equipment
class, having the same primary energy
source (e.g., electric or gas), and which
have the same or comparably
performing compressor(s), heat
exchangers, and air moving system(s)
that have a rated cooling capacity
within 1500 Btu/h of one another.
(5) Small, large, and very large
aircooled or water-cooled commercial
package air conditioning and heating
equipment means all units
manufactured by one manufacturer
within a single equipment class, having
the same or comparably performing
compressor(s), heat exchangers, and air
moving system(s) that have a common
‘‘nominal’’ cooling capacity.
(6) Small, large, and very large water
source heat pump means all units
manufactured by one manufacturer
within a single equipment class, having
the same primary energy source (e.g.,
electric or gas), and which have the
same or comparable compressors, same
or comparable heat exchangers, and
same or comparable ‘‘nominal’’
capacity.
(7) Variable refrigerant flow systems
means all units manufactured by one
manufacturer within a single equipment
class, having the same primary energy
source (e.g., electric or gas), and which
have the same or comparably
performing compressor(s) that have a
common ‘‘nominal’’ cooling capacity
and the same heat rejection medium
(e.g., air or water) (includes variable
refrigerant flow (VRF) water source heat
pumps).
*
*
*
*
*
Direct expansion-dedicated outdoor
air system, or DX–DOAS, means a
unitary dedicated outdoor air system
that is capable of dehumidifying air to
a 55 °F dew point—when operating
under Standard Rating Condition A as
specified in Table 4 or Table 5 of AHRI
920–2020 (incorporated by reference,
see § 431.95) with a barometric pressure
of 29.92 in Hg—for any part of the range
of airflow rates advertised in
manufacturer materials, and has a
moisture removal capacity of less than
324 lb/h.
*
*
*
*
*
Integrated seasonal coefficient of
performance 2, or ISCOP2, means a
seasonal weighted-average heating
efficiency for heat pump dedicated
outdoor air systems, expressed in W/W,
E:\FR\FM\23DEP1.SGM
23DEP1
72888
Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Proposed Rules
as measured according to appendix B of
this subpart.
Integrated seasonal moisture removal
efficiency 2, or ISMRE2, means a
seasonal weighted average
dehumidification efficiency for
dedicated outdoor air systems,
expressed in lbs. of moisture/kWh, as
measured according to appendix B of
this subpart.
*
*
*
*
*
Unitary dedicated outdoor air system,
or Unitary DOAS, means a category of
small, large, or very large commercial
package air-conditioning and heating
equipment that is capable of providing
ventilation and conditioning of 100percent outdoor air or marketed in
materials (including but not limited to,
specification sheets, insert sheets, and
online materials) as having such
capability.
*
*
*
*
*
Ventilation energy recovery system, or
VERS, means a system that
preconditions outdoor ventilation air
entering the equipment through direct
or indirect thermal and/or moisture
exchange with the exhaust air, which is
defined as the building air being
exhausted to the outside from the
equipment.
*
*
*
*
*
■ 7. Amend § 431.95 by:
■ a. Revising paragraph (a) and the
introductory text to paragraph (b);
■ b. Redesignating paragraphs (b)(6) and
(7) as paragraphs (b)(8) and (9);
■ c. Adding new paragraphs (b)(6) and
(7);
■ d. Revising the introductory text to
paragraph (c) and paragraph (c)(2);
■ e. Redesignating paragraphs (c)(3) and
(4) as paragraphs (c)(5) and (6); and
■ f. Adding new paragraphs (c)(3) and
(4) and paragraph (c)(7).
The revisions and additions read as
follows:
§ 431.95 Materials incorporated by
reference.
(a) Certain material is incorporated by
reference into this subpart with the
approval of the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. To enforce
any edition other than that specified in
this section, DOE must publish a
document in the Federal Register and
the material must be available to the
public. All approved material is
available for inspection at the U.S.
Department of Energy, Office of Energy
Efficiency and Renewable Energy,
Building Technologies Program, 6th
Floor, 950 L’Enfant Plaza SW,
Washington, DC 20024, (202) 586–1445,
Buildings@ee.doe.gov or go to: https://
www.energy.gov/eere/buildings/
building-technologies-office, and may be
obtained from the other sources in this
section. It is also available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, email: fr.inspection@
nara.gov, or go to: www.archives.gov/
federal-register/cfr/ibr-locations.html.
(b) AHRI. Air-Conditioning, Heating,
and Refrigeration Institute, 2311 Wilson
Blvd., Suite 400, Arlington, VA 22201,
(703) 524–8800, or go to:
www.ahrinet.org.
*
*
*
*
*
(6) AHRI Standard 920–2020 (I–P),
(‘‘AHRI 920–2020’’), ‘‘2020 Standard for
Performance Rating of DX-Dedicated
Outdoor Air System Units,’’ approved
February 4, 2020, IBR approved for
appendix B to this subpart.
(7) AHRI Standard 1060–2018,
(‘‘AHRI 1060–2018’’), ‘‘2018 Standard
for Performance Rating of Air-to-Air
Exchangers for Energy Recovery
Ventilation Equipment,’’ approved
2018, IBR approved for appendix B to
this subpart.
*
*
*
*
*
(c) ASHRAE. American Society of
Heating, Refrigerating and AirConditioning Engineers, 180
Technology Parkway, Peachtree
Corners, Georgia 30092, (404) 636–8400,
or go to: www.ashrae.org.
*
*
*
*
*
(2) ANSI/ASHRAE Standard 37–2009,
(‘‘ANSI/ASHRAE 37’’ or ‘‘ANSI/
ASHRAE 37–2009’’), ‘‘Methods of
Testing for Rating Electrically Driven
Unitary Air-Conditioning and Heat
Pump Equipment,’’ ASHRAE approved
June 24, 2009, IBR approved for § 431.96
and appendices A and B to this subpart.
(3) ANSI/ASHRAE Standard 41.1–
2013, (‘‘ANSI/ASHRAE 41.1–2013’’),
‘‘Standard Method for Temperature
Measurement,’’ ANSI approved January
30, 2013, IBR approved for appendix B
to this subpart.
(4) ANSI/ASHRAE Standard 41.6–
2014, (‘‘ANSI/ASHRAE 41.6–2014’’),
‘‘Standard Method for Humidity
Measurement,’’ ANSI approved July 3,
2014, IBR approved for appendix B to
this subpart.
*
*
*
*
*
(7) ANSI/ASHRAE Standard 198–
2013, (‘‘ANSI/ASHRAE 198–2013’’),
‘‘Method of Test for Rating DX
Dedicated Outdoor Air Systems for
Moisture Removal Capacity and
Moisture Removal Efficiency,’’
approved by ANSI on January 30, 2013,
IBR approved for appendix B to this
subpart.
*
*
*
*
*
■ 8. Amend § 431.96 by:
■ a. Revising paragraph (a) and Table 1
following paragraph (b)(2); and
■ b. Designating the table in paragraph
(d) as Table 2 to paragraph (d).
The revisions read as follows:
§ 431.96 Uniform test method for the
measurement of energy efficiency of
commercial air conditioners and heat
pumps.
(a) Scope. This section contains test
procedures for measuring, pursuant to
EPCA, the energy efficiency of any
small, large, or very large commercial
package air-conditioning and heating
equipment, packaged terminal air
conditioners and packaged terminal
heat pumps, computer room air
conditioners, variable refrigerant flow
systems, single package vertical air
conditioners and single package vertical
heat pumps, and direct expansiondedicated outdoor air systems.
(b) * * *
(2) * * *
TABLE 1 TO PARAGRAPH (b)—TEST PROCEDURES FOR COMMERCIAL AIR CONDITIONERS AND HEAT PUMPS
Energy efficiency
descriptor
Air-Cooled, 3-Phase, AC
and HP.
<65,000 Btu/h ....................
SEER and HSPF ........
AHRI 210/240–2008 (omit
section 6.5).
Paragraphs (c) and
(e).
Air-Cooled AC and HP ......
≥65,000 Btu/h and
<135,000 Btu/h.
<65,000 Btu/h ....................
EER, IEER, and COP
Appendix A to this subpart
None.
EER ............................
AHRI 210/240–2008 (omit
section 6.5).
Paragraphs (c) and
(e).
jspears on DSK121TN23PROD with PROPOSALS1
Equipment type
Small Commercial Package
Air-Conditioning and
Heating Equipment.
Category
Water-Cooled and Evaporatively-Cooled AC.
VerDate Sep<11>2014
Additional test
procedure
provisions as
indicated in
the listed
paragraphs of
this section
Cooling capacity or
moisture removal
capacity
20:28 Dec 22, 2021
Jkt 256001
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
Use tests, conditions, and
procedures1 in
E:\FR\FM\23DEP1.SGM
23DEP1
72889
Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Proposed Rules
TABLE 1 TO PARAGRAPH (b)—TEST PROCEDURES FOR COMMERCIAL AIR CONDITIONERS AND HEAT PUMPS—Continued
Equipment type
Category
Water-Source HP ..............
Large Commercial Package Air-Conditioning and
Heating Equipment.
Very Large Commercial
Package Air-Conditioning
and Heating Equipment.
Packaged Terminal Air
Conditioners and Heat
Pumps.
Computer Room Air Conditioners.
Variable Refrigerant Flow
Multi-split Systems.
Variable Refrigerant Flow
Multi-split Systems, Aircooled.
Variable Refrigerant Flow
Multi-split Systems,
Water-source.
Single Package Vertical Air
Conditioners and Single
Package Vertical Heat
Pumps.
Direct Expansion-Dedicated Outdoor Air Systems.
1
2
Energy efficiency
descriptor
Use tests, conditions, and
procedures1 in
≥65,000 Btu/h and
<135,000 Btu/h.
<135,000 Btu/h ..................
EER ............................
AHRI 340/360–2007 (omit
section 6.3).
ISO Standard 13256–1
(1998).
Appendix A to this subpart
Paragraphs (c) and
(e).
Paragraph (e).
AHRI 340/360–2007 (omit
section 6.3).
Appendix A to this subpart
Paragraphs (c) and
(e).
None.
AHRI 340/360–2007 (omit
section 6.3).
Paragraph (g) of this section.
Paragraphs (c) and
(e).
Paragraphs (c), (e),
and (g).
ASHRAE 127–2007 (omit
section 5.11).
ASHRAE 127–2007 (omit
section 5.11).
AHRI 1230–2010 (omit
sections 5.1.2 and 6.6).
AHRI 1230–2010 (omit
sections 5.1.2 and 6.6).
AHRI 1230–2010 (omit
sections 5.1.2 and 6.6).
Paragraphs (c) and
(e).
Paragraphs (c) and
(e).
Paragraphs (c), (d),
(e), and (f).
Paragraphs (c), (d),
(e), and (f).
Paragraphs (c), (d),
(e), and (f).
AHRI 1230–2010 (omit
sections 5.1.2 and 6.6).
AHRI 1230–2010 (omit
sections 5.1.2 and 6.6).
Paragraphs (c), (d),
(e), and (f).
Paragraphs (c), (d),
(e), and (f).
EER and COP ............
Air-Cooled AC and HP ......
≥135,000 Btu/h and
<240,000 Btu/h.
EER, IEER and COP
Water-Cooled and Evaporatively-Cooled AC.
Air-Cooled AC and HP ......
≥135,000 Btu/h and
<240,000 Btu/h.
≥240,000 Btu/h and
<760,000 Btu/h.
EER ............................
Water-Cooled and Evaporatively-Cooled AC.
AC and HP ........................
≥240,000 Btu/h and
<760,000 Btu/h.
<760,000 Btu/h ..................
EER ............................
AC ......................................
<65,000 Btu/h ....................
SCOP .........................
SCOP .........................
AC ......................................
≥65,000 Btu/h and
<760,000 Btu/h.
<65,000 Btu/h (3-phase) ...
EER ............................
HP ......................................
≥65,000 Btu/h and
<760,000 Btu/h.
<65,000 Btu/h (3-phase) ...
EER and COP ............
HP ......................................
≥65,000 Btu/h and
<760,000 Btu/h.
<760,000 Btu/h ..................
AC and HP ........................
<760,000 Btu/h ..................
EER and COP ............
AHRI 390–2003 (omit section 6.4).
Paragraphs (c) and
(e).
All .......................................
<324 lbs. of moisture removal/hr.
ISMRE2 and ISCOP2
Appendix B of this subpart
None.
EER, IEER and COP
EER and COP ............
SEER ..........................
SEER and HSPF ........
EER and COP ............
None.
Incorporated by reference; see § 431.95.
Moisture removal capacity is determined according to appendix B of this subpart.
*
*
*
*
*
9. Add appendix B to subpart F of part
431 to read as follows:
■
Appendix B to Subpart F of Part 431—
Uniform Test Method for Measuring the
Energy Consumption of Direct
Expansion-Dedicated Outdoor Air
Systems
Note: Beginning [date 360 days after
publication of a test procedure final rule],
representations with respect to energy use or
efficiency of direct expansion-dedicated
outdoor air systems must be based on testing
conducted in accordance with this appendix.
Manufacturers may elect to use this appendix
early.
jspears on DSK121TN23PROD with PROPOSALS1
Additional test
procedure
provisions as
indicated in
the listed
paragraphs of
this section
Cooling capacity or
moisture removal
capacity
1. Referenced Materials
1.1 Incorporation by Reference
DOE incorporated by reference in § 431.95,
the entire standard for AHRI 920–2020, AHRI
1060–2018; ANSI/ASHRAE 37–2009, ANSI/
ASHRAE 41.1–2013, ANSI/ASHRAE 41.6–
2014, and ANSI/ASHRAE 198–2013.
However, only enumerated provisions of
VerDate Sep<11>2014
20:28 Dec 22, 2021
Jkt 256001
AHRI 920–2020, ANSI/ASHRAE 37–2009,
ANSI/ASHRAE 41.6–2014, and ANSI/
ASHRAE 198–2013, as set forth in
paragraphs (a) through (d) of this section are
applicable. To the extent there is a conflict
between the terms or provisions of a
referenced industry standard and the CFR,
the CFR provisions control.
(a) AHRI 920–2020:
(i) Section 3—Definitions, as specified in
section 2.2.1(a) of this appendix;
(ii) Section 5—Test Requirements, as
specified in section 2.2.1(b) of this appendix;
(iii) Section 6—Rating Requirements, as
specified in section 2.2.1(c) of this appendix,
omitting section 6.1.2 (but retaining sections
6.1.2.1–6.1.2.8) and 6.6.1;
(iv) Section 11—Symbols and Subscripts,
as specified in section 2.2.1(d) of this
appendix;
(v) Appendix A—References—Normative,
as specified in section 2.2.1(e) of this
appendix;
(vi) Appendix C—ANSI/ASHRAE Standard
198 and ANSI/ASHRAE Standard 37
Additions, Clarifications and Exceptions—
Normative, as specified in section 2.2.1(f) of
this appendix, and
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
(b) ANSI/ASHRAE 37–2009:
(i) Section 5.1—Temperature Measuring
Instruments (excluding sections 5.1.1 and
5.1.2), as specified in sections 2.2.1(b) and (f)
of this appendix;
(ii) Section 5.2—Refrigerant, Liquid, and
Barometric Pressure Measuring Instruments,
as specified in section 2.2.1(b) of this
appendix;
(iii) Sections 5.3—Air Differential Pressure
and Airflow Measurements, as specified in
section 2.2.1(b) of this appendix;
(iv) Sections 5.5(b)—Volatile Refrigerant
Measurement, as specified in section 2.2.1(b)
of this appendix;
(iv) Section 6.1—Enthalpy Apparatus
(excluding 6.1.1 and 6.1.3 through 6.1.6), as
specified in section 2.2.1(b) of this appendix;
(v) Section 6.2—Nozzle Airflow Measuring
Apparatus, as specified in section 2.2.1(b) of
this appendix;
(vi) Section 6.3—Nozzles, as specified in
section 2.2.1(b) of this appendix;
(vii) Section 6.4—External Static Pressure
Measurements, as specified in section
2.2.1(b) of this appendix;
E:\FR\FM\23DEP1.SGM
23DEP1
72890
Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Proposed Rules
(ix) Section 6.5—Recommended Practices
for Static Pressure Measurements, as
specified in section 2.2.1(f) of this appendix;
(x) Section 7.3—Indoor and Outdoor Air
Enthalpy Methods, as specified in section
2.2.1(f) of this appendix;
(xi) Section 7.4—Compressor Calibration
Method, as specified in section 2.2.1(f) of this
appendix;
(xii) Section 7.5—Refrigerant Enthalpy
Method, as specified in section 2.2.1(f) of this
appendix;
(xiii) Section 7.6—Outdoor Liquid Coil
Method, as specified in section 2.2.1(f) of this
appendix;
(xiv) Section 7.7—Airflow Rate
Measurement (excluding sections 7.7.1.2,
7.7.3, and 7.7.4), as specified in section
2.2.1(b) of this appendix;
(xv) Table 1—Applicable Test Methods, as
specified in section 2.2.1(f) of this appendix;
(xvi) Section 8.6—Additional
Requirements for the Outdoor Air Enthalpy
Method, as specified in section 2.2.1(f) of this
appendix;
(xvii) Table 2b—Test Tolerances (I–P
Units), as specified in sections 2.2.1(c) and
2.2(f) of this appendix; and
(xviii) Errata sheet issued on October 3,
2016, as specified in section 2.2.1(f) of this
appendix.
(c) ANSI/ASHRAE 41.6–2014:
(i) Section 4—Classifications, as specified
in section 2.2.1(f) of this appendix;
(ii) Section 5—Requirements, as specified
in section 2.2.1(f) of this appendix;
(iii) Section 6—Instruments and
Calibration, as specified in section 2.2.1(f) of
this appendix;
(iv) Section 7.1—Standard Method Using
the Cooled-Surface Condensation Hygrometer
as specified in section 2.2.1(f) of this
appendix; and
(v) Section 7.4—Electronic and Other
Humidity Instruments. as specified in section
2.2.1(f) of this appendix.
(d) ANSI/ASHRAE 198–2013:
(i) Section 4.4—Temperature Measuring
Instrument, as specified in section 2.2.1(b) of
this appendix;
(ii) Section 4.5—Electrical Instruments, as
specified in section 2.2.1(b) of this appendix;
(iii) Section 4.6—Liquid Flow
Measurement, as specified in section 2.2.1(b)
of this appendix;
(iv) Section 4.7—Time and Mass
Measurements, as specified in section
2.2.1(b) of this appendix;
(iv) Section 6.1—Test Room Requirements,
as specified in section 2.2.1(b) of this
appendix;
(v) Section 6.6—Unit Preparation, as
specified in section 2.2.1(b) of this appendix;
(vi) Section 7.1—Preparation of the Test
Room(s), as specified in section 2.2.1(b) of
this appendix;
(vii) Section 7.2—Equipment Installation,
as specified in section 2.2.1(b) of this
appendix;
(ix) Section 8.2—Equilibrium, as specified
in section 2.2.1(b) of this appendix, and
(x) Section 8.4—Test Duration and
Measurement Frequency, as specified in
section 2.2.1(b) of this appendix.
1.2. Informational Materials
DOE refers to the following provision of
AHRI 920–2020, for informational purposes
only:
(a) Appendix E—Typical Test Unit
Installations—Informative, as specified in
section 2.2.1(g) of this appendix.
(b) Reserved.
2. Test Method
2.1 Capacity
Moisture removal capacity (in pounds per
hour) and supply airflow rate (in standard
cubic feet per minute) are determined
according to AHRI 920–2020 as specified in
section 2.2 of this appendix.
2.2. Efficiency
2.2.1. Determine the ISMRE2 for all DX–
DOASes and the ISCOP2 for all heat pump
DX–DOASes in accordance with the
following sections of AHRI 920–2020.
(a) Section 3—Definitions, including the
references to AHRI 1060–2018;
(i) Non-standard Low-static Fan Motor. A
supply fan motor that cannot maintain
external static pressure as high as specified
in Table 7 of AHRI 920–2020 when operating
at a manufacturer-specified airflow rate and
that is distributed in commerce as part of an
individual model within the same basic
model of a DX–DOAS that is distributed in
commerce with a different motor specified
for testing that can maintain the required
external static pressure.
(ii) Reserved.
(b) Section 5—Test Requirements,
including the references to Sections 5.1, 5.2,
5.3, 5.5, 6.1, 6.2, 6.3, 6.4, and 7.7 (not
including Sections 7.7.1.2, 7.7.3, and 7.7.4) of
ANSI/ASHRAE 37–2009, and Sections 4.4,
4.5, 4.6, 4.7, 5.1, 6.1, 6.6, 7.1, 7.2, 8.2, and
8.4 of ANSI/ASHRAE 198–2013;
(i) All control settings are to remain
unchanged for all Standard Rating
Conditions once system set up has been
completed, except as explicitly allowed or
required by AHRI 920–2020 or as indicated
in the supplementary test instructions (STI).
Component operation shall be controlled by
the unit under test once the provisions in
section 2.2.1(c) of this appendix are met.
(ii) Reserved.
(c) Section 6—Rating Requirements
(omitting sections 6.1.2 and 6.6.1), including
the references to Table 2b of ANSI/ASHRAE
37–2009, and ANSI/ASHRAE 198–2013.
(i) For water-cooled DDX–DOASes, the
‘‘Condenser Water Entering Temperature,
Cooling Tower Water’’ conditions specified
in Table 4 of AHRI 920–2020 shall be used.
For water-source heat pump DDX–DOASes,
the ‘‘Water-Source Heat Pumps’’ conditions
specified in Table 5 of AHRI 920–2020 shall
be used.
(ii) For water-cooled or water-source DX–
DOASes with integral pumps, set the external
head pressure to 20 ft. of water column, with
a ¥0/+1 ft. condition tolerance and a 1 ft.
operating tolerance.
(iii) When using the degradation coefficient
method as specified in Section 6.9.2 of AHRI
920–2020, Equation 20 applies to DX–DOAS
without VERS, with deactivated VERS (see
Section 5.4.3 of AHRI 920–2020), or sensibleonly VERS tested under Standard Rating
Conditions other than D.
(iv) Rounding requirements for
representations are to be followed as stated
in Sections 6.1.2.1 through 6.1.2.8 of AHRI
920–2020;
(d) Section 11—Symbols and Subscripts,
including references to AHRI 1060–2018;
(e) Appendix A—References—Normative;
(f) Appendix C—ANSI/ASHRAE 198–2013
and ANSI/ASHRAE 37 Additions,
Clarifications and Exceptions—Normative,
including references to Sections 5.1, 6.5, 7.3,
7.4, 7.5, 7.6, 8.6, Table 1, Table 2b, and the
errata sheet of ANSI/ASHRAE 37–2009,
ANSI/ASHRAE 41.1–2013, Sections 4, 5, 6,
7.1, and 7.4 of ANSI/ASHRAE 41.6–2014,
and AHRI 1060–2018;
(g) Appendix E—Typical Test Unit
Installations—Informative, for information
only.
2.2.2. Set-Up and Test Provisions for
Specific Components. When testing a DX–
DOAS that includes any of the features listed
in Table 2.1 of this section, test in accordance
with the set-up and test provisions specified
in Table 2.1.
TABLE 2.1—TEST PROVISIONS FOR SPECIFIC COMPONENTS
jspears on DSK121TN23PROD with PROPOSALS1
Component
Description
Test provisions
Return and Exhaust
Dampers.
An automatic system that enables a DX–DOAS Unit to supply and
use some return air (even if an optional VERS is not utilized) to
reduce or eliminate the need for mechanical dehumidification or
heating when ventilation air requirements are less than design.
VERS Bypass
Dampers.
An automatic system that enables a DX–DOAS Unit to let outdoor
ventilation air and return air bypass the VERS when preconditioning of outdoor ventilation is not beneficial.
A damper assembly including means to open and close the damper
mounted at the supply or return duct opening of the equipment.
All dampers that allow return air to pass into the supply airstream
shall be closed and sealed. Exhaust air dampers of DOAS units
with VERS shall be open. Gravity dampers activated by exhaust
fan discharge airflow shall be allowed to open by action of the exhaust airflow.
Test with the VERS bypass dampers installed, closed, and sealed.
However, VERS bypass dampers may be opened if necessary for
testing with deactivated VERS for Standard Rating Condition D.
The fire/smoke/isolation dampers shall be removed for testing. If it is
not possible to remove such a damper, test with the damper fully
open. For any fire/smoke/isolation dampers shipped with the unit
but not factory-installed, do not install the dampers for testing.
Fire/Smoke/Isolation
Dampers.
VerDate Sep<11>2014
20:47 Dec 22, 2021
Jkt 256001
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
E:\FR\FM\23DEP1.SGM
23DEP1
Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Proposed Rules
72891
TABLE 2.1—TEST PROVISIONS FOR SPECIFIC COMPONENTS—Continued
Component
Description
Furnaces and Steam/
Hydronic Heat Coils.
Power Correction Capacitors.
Furnaces and steam/hydronic heat coils used to provide primary or
supplementary heating.
A capacitor that increases the power factor measured at the line
connection to the equipment. These devices are a requirement of
the power distribution system supplying the unit.
A grille or similar structure mounted to the outside of the unit covering the outdoor coil to protect the coil from hail, flying debris and
damage from large objects.
A condenser fan/motor assembly designed for optional external ducting of condenser air that provides greater pressure rise and has a
higher rated motor horsepower than the condenser fan provided
as a standard component with the equipment.
An assembly of structures through which the Supply Air passes before leaving the equipment or through which the return air from the
building passes immediately after entering the equipment for
which the sound insertion loss is at least 6 dB for the 125 Hz octave band frequency range.
A device placed in the supply air stream for moisture evaporation
and distribution. The device may require building steam or water,
hot water, electric or gas to operate.
A lighting fixture and lamp mounted so that it shines light on the
conditioning coil, that emits ultraviolet light to inhibit growth of organisms on the conditioning coil surfaces, the condensate drip
pan, and/other locations within the equipment.
Indoor air filters with greater air filtration effectiveness than MERV 8
or the lowest MERV filter distributed in commerce, whichever is
greater.
Hail Guards .................
Ducted Condenser
Fans.
Sound Traps/Sound Attenuators.
Humidifiers ..................
UV Lights .....................
High-Effectiveness Indoor Air Filtration.
2.2.3. Optional Representations. Test
provisions for the determination of the
metrics indicated in paragraphs (a) through
(d) of this section are optional and are
determined according to the applicable
provisions in section 2.2.1 of this appendix.
For water-cooled DX–DOASes, these optional
representations may be determined using
either the ‘‘Condenser Water Entering
Temperature, Cooling Tower’’ or the
‘‘Condenser Water Entering Temperature,
Chilled Water’’ conditions specified in Table
4 of AHRI 920–2020. For water-source heat
pump DX–DOASes, these optional
representations may be determined using
either the ‘‘Water-Source Heat Pumps’’ or
‘‘Water-Source Heat Pump, Ground-Source
Closed Loop’’ conditions specified in Table
5 of AHRI 920–2020. The following metrics
in AHRI 920–2020 are optional:
(a) ISMRE70;
(b) COPFull,x:
(c) COPDOAS,x: and
(d) ISMRE2 and ISCOP2 for water-cooled
DX–DOASes using the ‘‘Condenser Water
Entering Temperature, Chilled Water’’
conditions specified in Table 4 of AHRI 920–
2020 and for water-source heat pump DX–
DOASes using the ‘‘Water-Source Heat
Pump, Ground-Source Closed Loop’’
conditions specified in Table 5 of AHRI 920–
2020.
jspears on DSK121TN23PROD with PROPOSALS1
2.3
Synonymous Terms
(a) Any references to energy recovery or
energy recovery ventilator (ERV) in AHRI
920–2020 and ANSI/ASHRAE 198–2013
shall be considered synonymous with
ventilation energy recovery system (VERS) as
defined in § 431.92.
(b) Reserved.
[FR Doc. 2021–27460 Filed 12–22–21; 8:45 am]
BILLING CODE 6450–01–P
VerDate Sep<11>2014
20:28 Dec 22, 2021
Jkt 256001
Test provisions
Test with the coils in place but providing no heat.
Remove power correction capacitors for testing.
Remove hail guards for testing.
Test with the ducted condenser fan installed and operating using
zero external static pressure, unless the manufacturer specifies
use of an external static pressure greater. than zero, in which
case, use the manufacturer-specified external static pressure.
Removable sound traps/sound attenuators shall be removed for testing. Otherwise, test with sound traps/attenuators in place.
Remove humidifiers for testing.
Remove UV lights for testing.
Test with a MERV 8 filter or the lowest MERV filter distributed in
commerce, whichever is greater.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–1074; Project
Identifier MCAI–2021–00447–R]
RIN 2120–AA64
Airworthiness Directives; Bell Textron
Canada Limited Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Bell Textron Canada Limited
Model 429 helicopters. This proposed
AD was prompted by reports of failed
rivets between the tailboom skin and the
tail rotor (TR) gearbox support
assembly. This proposed AD would
require visually inspecting the external
surface of the TR gearbox support
assembly, borescope inspecting or
visually inspecting the inside of the
tailboom for certain conditions, and
performing a tactile inspection.
Depending on the results of the
inspections, this proposed AD would
require removing certain rivets from
service or repairing gaps in accordance
with FAA-approved methods. This
proposed AD would also require
repeating these inspections within
certain intervals. The FAA is proposing
this AD to address the unsafe condition
on these products.
SUMMARY:
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
The FAA must receive comments
on this proposed AD by February 7,
2022.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
For service information identified in
this NPRM, contact Bell Textron Canada
Limited, 12,800 Rue de l’Avenir,
Mirabel, Quebec J7J 1R4, Canada;
telephone 1–450–437–2862 or 1–800–
363–8023; fax 1–450–433–0272; email
productsupport@bellflight.com; or at
https://www.bellflight.com/support/
contact-support. You may view this
service information at the FAA, Office
of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy., Room
6N–321, Fort Worth, TX 76177. For
information on the availability of this
material at the FAA, call (817) 222–
5110.
DATES:
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
E:\FR\FM\23DEP1.SGM
23DEP1
]]>Agencies
[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Proposed Rules]
[Pages 72874-72891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27460]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 /
Proposed Rules
[[Page 72874]]
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 431
[EERE-2017-BT-TP-0018]
RIN 1904-AE46
Energy Conservation Program: Test Procedure for Direct Expansion-
Dedicated Outdoor Air Systems
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Supplemental notice of proposed rulemaking and request for
comment.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') is publishing a
supplemental notice of proposed rulemaking (``SNOPR'') to establish a
test procedure for direct-expansion dedicated outdoor systems (``DX-
DOASes'') pursuant to the Energy Policy and Conservation Act, as
amended. This document presents an updated proposal based on
stakeholder feedback received in response to the July 7, 2021, notice
of proposed rulemaking. DOE is revising its proposals regarding the
terminology used to describe the equipment at issue and to provide
additional direction for testing equipment with special components. DOE
welcomes written comment from the public on any subject within the
scope of this document, as well as the submission of data and other
relevant information.
DATES: Comments: DOE will accept written comments, data, and
information regarding this SNOPR on or before January 24, 2022. See
section V, ``Public Participation,'' for details.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at www.regulations.gov. Follow the
instructions for submitting comments.
Alternatively, interested persons may submit comments, identified
by docket number EERE-2017-BT-TP-0018, by any of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov.
2. Email: to [email protected]. Include
docket number EERE-2017-BT-TP-0018 in the subject line of the message.
No telefacsimiles (faxes) will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section V of this document (Public Participation).
Although DOE has routinely accepted public comment submissions
through a variety of mechanisms, including postal mail and hand
delivery/courier, the Department has found it necessary to make
temporary modifications to the comment submission process in light of
the ongoing coronavirus (COVID-19) pandemic. DOE is currently accepting
only electronic submissions at this time. If a commenter finds that
this change poses an undue hardship, please contact Appliance Standards
Program staff at (202) 586-1445 to discuss the need for alternative
arrangements. Once the COVID-19 pandemic health emergency is resolved,
DOE anticipates resuming all of its regular options for public comment
submission, including postal mail and hand delivery/courier.
Docket: The docket, which includes Federal Register notices, public
meeting/webinar attendee lists and transcripts, comments, and other
supporting documents/materials, is available for review at
www.regulations.gov. All documents in the docket are listed in the
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: www.regulations.gov/docket/EERE-2017-BT-TP-0018. The docket web page contains instructions on how
to access all documents, including public comments, in the docket. See
section V (Public Participation) for information on how to submit
comments through www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Catherine Rivest, 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) 586-7335. Email:
[email protected].
Mr. Matthew Ring, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585.
Telephone: (202) 586-2555. Email: [email protected].
For further information on how to submit a comment, review other
public comments and the docket, or participate in the webinar, contact
the Appliance and Equipment Standards Program staff at (202) 287-1445
or by email: [email protected].
SUPPLEMENTARY INFORMATION: DOE maintains its proposal to incorporate by
reference the following industry standards into title 10 of the Code of
Federal Regulations (``CFR'') part 431:
Air-Conditioning, Heating, and Refrigeration Institute (``AHRI'')
Standard 920-2020 (I-P), ``2020 Standard for Performance Rating of
Direct Expansion-Dedicated Outdoor Air System Units,'' approved
February 4, 2020.
AHRI Standard 1060-2018, ``2018 Standard for Performance Rating of
Air-to-Air Exchangers for Energy Recovery Ventilation Equipment,''
approved 2018.
Copies of AHRI Standard 920-2020 (I-P), and AHRI Standard 1060-2018
can be obtained from the Air-conditioning, Heating, and Refrigeration
Institute, 2311 Wilson Blvd., Suite 400, Arlington, VA 22201, (703)
524-8800, or online at: www.ahrinet.org/.
ANSI/American Society of Heating, Refrigerating and Air-
Conditioning Engineers (``ASHRAE'') Standard 37-2009, ``Methods of
Testing for Rating Electrically Driven Unitary Air-Conditioning and
Heat Pump Equipment,'' ASHRAE approved June 24, 2009.
ANSI/ASHRAE Standard 41.1-2013, ``Standard Method for Temperature
Measurement,'' ANSI approved January 30, 2013.
ANSI/ASHRAE Standard 41.6-2014, ``Standard Method for Humidity
Measurement,'' ANSI approved July 3, 2014.
ANSI/ASHRAE Standard 198-2013, ``Method of Test for Rating DX-
Dedicated Outdoor Air Systems for Moisture Removal Capacity and
Moisture Removal Efficiency,'' ANSI approved January 30, 2013.
Copies of ANSI/ASHRAE Standard 37-2009, ANSI/ASHRAE Standard
[[Page 72875]]
41.1-2013, ANSI/ASHRAE Standard 41.6-2014, and ANSI/ASHRAE Standard
198-2013 can be obtained from the American Society of Heating,
Refrigerating and Air-Conditioning Engineers, 180 Technology Parkway,
Peachtree Corners, GA 30092, (404) 636-8400, or online at:
www.ashrae.org.
See section IV.M of this document for a further discussion of these
standards.
Table of Contents
I. Authority and Background
A. Authority
B. Background
II. Synopsis of the Supplemental Notice of Proposed Rulemaking
III. Discussion
A. Terminology for Covered Equipment
B. Specific Components
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Description of Materials Incorporated by Reference
V. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary
I. Authority and Background
A. Authority
The Energy Policy and Conservation Act (``EPCA''),\1\ as amended,
among other things, authorizes DOE to regulate the energy efficiency of
a number of consumer products and certain industrial equipment. Title
III, Part C \2\ of EPCA, Public Law 94-163 (42 U.S.C. 6311-6317, as
codified), added by Public Law 95-619, Title IV, section 441(a),
established the Energy Conservation Program for Certain Industrial
Equipment, which sets forth a variety of provisions designed to improve
energy efficiency. This covered equipment includes small, large, and
very large commercial package air conditioning and heating equipment.
(42 U.S.C. 6311(1)(B)-(D)) DOE has initially determined that commercial
package air conditioning and heating equipment includes unitary
dedicated outdoor air systems (``Unitary DOASes'').\3\ As discussed in
section I.B of this document, these equipment have not previously been
addressed in DOE rulemakings and are not currently subject to Federal
test procedures or energy conservation standards.
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated Part A-1.
\3\ As discussed in section III.A of this SNOPR, DOE is
proposing to use the terms DX-DOAS and Unitary DOAS in this SNOPR,
in place of the terms ``dehumidifying direct expansion-dedicated
outdoor air systems'' and ``DX-DOAS'', respectively, which were used
in the July 2021 NOPR.
---------------------------------------------------------------------------
Under EPCA, DOE's 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 EPCA specifically include
definitions (42 U.S.C. 6311), energy conservation 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; 42 U.S.C. 6296).
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 uses
these test procedures to determine whether the equipment complies with
relevant standards promulgated under EPCA.
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 waivers
of Federal preemption in limited circumstances for particular State
laws or regulations, in accordance with the procedures and other
provisions of EPCA. (42 U.S.C. 6316(b)(2)(D))
Under 42 U.S.C. 6314, the statute also sets forth the criteria and
procedures DOE is required to follow when prescribing or amending test
procedures for covered equipment. Specifically, EPCA requires that any
test procedure prescribed or amended shall be reasonably designed to
produce test results which measure energy efficiency, energy use, or
estimated annual operating cost of covered equipment during a
representative average use cycle and requires that test procedures not
be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2))
EPCA requires that the test procedures for commercial package air
conditioning and heating equipment 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 update 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 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))
EPCA also requires that, at least once every seven years, DOE
evaluate test procedures for each type of covered equipment, including
commercial package air conditioning and heating equipment to determine
whether amended test procedures would more accurately or fully comply
with the requirements for the test procedures not to 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)-(3)) In addition, if DOE determines that a test procedure
amendment is warranted, it must publish proposed test procedures in the
Federal Register and afford interested persons an opportunity (of not
less than 45 days duration) to present oral and written data, views,
and arguments on the proposed test procedures. (42 U.S.C. 6314(b)) If
DOE determines that test procedure revisions are not appropriate, DOE
must publish in the Federal Register its determination not to amend the
test procedures. (42 U.S.C. 6314(a)(1)(A)(ii))
As discussed in section I.B of this document, a test procedure for
DX-DOASes was first specified by ASHRAE Standard 90.1 in the 2016
edition (``ASHRAE Standard 90.1-2016''). Pursuant to 42 U.S.C.
6314(a)(4)(B) and following updates to the relevant test procedures
which were referenced in
[[Page 72876]]
ASHRAE Standard 90.1, DOE is conducting this rulemaking to establish a
test procedure for DX-DOASes in satisfaction of its aforementioned
obligations under EPCA.
B. Background
From a functional perspective, Unitary DOASes operate similarly to
other categories of commercial package air conditioning and heat pump
equipment, in that they provide conditioning using a refrigeration
cycle generally consisting of a compressor, condenser, expansion valve,
and evaporator. Unitary DOASes provide ventilation and conditioning of
100-percent outdoor air to the conditioned space, whereas for typical
commercial package air conditioners that are central air conditioners,
outdoor air makes up only a small portion of the total airflow (usually
less than 50 percent). Unitary DOASes are typically installed in
addition to a local, primary cooling or heating system (e.g.,
commercial unitary air conditioner, variable refrigerant flow system,
chilled water system, water-source heat pumps)--the Unitary DOAS
conditions the outdoor ventilation air, while the primary system
provides cooling or heating to balance building shell and interior
loads and solar heat gain. According to ASHRAE, a well-designed system
using a Unitary DOAS can ventilate a building at lower installed cost,
reduce overall annual building energy use, and improve indoor
environmental quality.\4\
---------------------------------------------------------------------------
\4\ From the June 2018 ASHRAE eSociety Newsletter (Available at:
www.ashrae.org/news/esociety/what-s-new-in-doas-and-refrigerant-research) (Last accessed May 24, 2021).
---------------------------------------------------------------------------
On October 26, 2016, ASHRAE published ASHRAE Standard 90.1-2016,
which for the first time specified a test standard and efficiency
standards for DX-DOASes. ASHRAE Standard 90.1-2016 (and the subsequent
2019 edition) defines a DX-DOAS as a type of air-cooled, water-cooled,
or water-source factory assembled product that dehumidifies 100 percent
outdoor air to a low dew point and includes reheat that is capable of
controlling the supply dry-bulb temperature of the dehumidified air to
the designed supply air temperature. This conditioned outdoor air is
then delivered directly or indirectly to the conditioned spaces. It may
precondition outdoor air by containing an enthalpy wheel, sensible
wheel, desiccant wheel, plate heat exchanger, heat pipes, or other heat
or mass transfer apparatus.
When operating in humid conditions, the dehumidification load from
the outdoor ventilation air is a much larger percentage of the total
cooling load for a DX-DOAS than for a typical commercial air
conditioner. Additionally, compared to a typical commercial air
conditioner, the amount of total cooling (both sensible and latent) is
much greater per pound of air for a DX-DOAS at design conditions (i.e.,
the warmest/most humid expected summer conditions), and a DX-DOAS is
designed to accommodate greater variation in entering air temperature
and humidity (i.e., a typical commercial air conditioner would not be
able to dehumidify 100-percent outdoor ventilation air to the levels
achieved by a DX-DOAS). Not all Unitary DOASes have this
dehumidification capability.
The amendment to ASHRAE Standard 90.1 to specify an industry test
standard for DX-DOASes triggered DOE's obligations vis-[agrave]-vis
test procedures under 42 U.S.C. 6314(a)(4)(B), as outlined previously.
On October 25, 2019, ASHRAE published an updated version of ASHRAE
Standard 90.1 (``ASHRAE Standards 90.1-2019''), which maintained the
DX-DOAS provisions as first introduced in ASHRAE Standard 90.1-2016
without revisions.
On July 7, 2021, DOE published a notice of proposed rulemaking
(``NOPR'') pertaining to small, large, and very large commercial
package air conditioning and heating equipment which provide
conditioning and ventilation of 100-percent outdoor air. 86 FR 36018
(July 2021 NOPR). In the July 2021 NOPR, DOE proposed to establish a
definition for Unitary DOAS (referred to as ``DX-DOAS'' in the July
2021 NOPR) as a category of commercial package air conditioning and
heating equipment and adopt a new test procedure for DX-DOASes
(referred to as ``DDX-DOASes'' in the July 2021 NOPR) that incorporates
by reference the most up to date industry consensus test standard
referenced in ASHRAE Standard 90.1-2019.
The proposed test procedure would apply to all DX-DOASes for which
ASHRAE 90.1-2019 specifies standards, with the exception of ground-
water-source equipment, as discussed in section III.A.1 of the July
2021 NOPR. 86 FR 36018, 36023. More specifically, DOE proposed to
update 10 CFR 431.96, ``Uniform test method for the measurement of
energy efficiency of commercial air conditioners and heat pumps,'' to
adopt a new test procedure for DX-DOASes as follows: (1) Incorporate by
reference AHRI Standard 920-2020 (I-P), ``Performance Rating of Direct
Expansion-Dedicated Outdoor Air System Units'' (``AHRI 920-2020''), the
most recent version of the test procedure recognized by ASHRAE Standard
90.1 for DX-DOASes, and the relevant industry standards referenced
therein; (2) establish the scope of coverage for the test procedure;
(3) add definitions for Unitary DOAS and DX-DOAS, as well as additional
terminology required by the test procedure; (4) adopt the integrated
seasonal moisture removal efficiency, as measured according to the most
recent applicable industry standard (``ISMRE2''), and integrated
seasonal coefficient of performance (``ISCOP2''), as measured according
to the most recent applicable industry standard, as energy efficiency
descriptors for dehumidification and heating mode, respectively; and
(5) establish representation requirements. DOE also proposed to add a
new appendix B to subpart F of part 431, titled ``Uniform test method
for measuring the energy consumption of direct expansion-dedicated
outdoor air systems,'' (``appendix B'') that would include these new
test procedure requirements. In conjunction, DOE proposed to amend
Table 1 in 10 CFR 431.96 to identify the proposed appendix B as the
applicable test procedure for testing DX-DOASes. DOE tentatively
determined that the proposed test procedure would not be unduly
burdensome to conduct.
DOE received a number of comments from interested parties in
response to the July 2021 NOPR. Table I-1 lists the commenters, along
with each commenter's abbreviated name used throughout this SNOPR.
Table I-1--Interested Parties Providing Comments on the July 2021 NOPR
----------------------------------------------------------------------------------------------------------------
Name Abbreviation Type\1\
----------------------------------------------------------------------------------------------------------------
Air-Conditioning, Heating, and Refrigeration AHRI............................... IR
Institute.
Appliance Standards Awareness Project (ASAP), Joint Advocates.................... EA
American Council for an Energy-Efficient Economy
(ACEEE).
[[Page 72877]]
Pacific Gas and Electric Company (PG&E), San Diego CA IOUs............................ U
Gas and Electric (SDG&E), and Southern California
Edison (SCE), collectively referred to as
California Investor-Owned Utilities (CA IOUs).
Carrier Corporation................................. Carrier............................ M
Emerson Commercial and Residential Solutions........ Emerson............................ M
Madison Indoor Air Quality.......................... MIAQ............................... M
Northwest Energy Efficiency Alliance................ NEEA............................... EA
Trane Technologies.................................. Trane.............................. M
----------------------------------------------------------------------------------------------------------------
\1\ EA: Efficiency/Environmental Advocate; IR: Industry Representative; M: Manufacturer; U: Utility.
This SNOPR addresses only those comments relevant to the proposals
laid out in this document; all other relevant comments will be
addressed in a future stage of the rulemaking. A parenthetical
reference at the end of a comment quotation or paraphrase provides the
location of the item in the public record.\5\
---------------------------------------------------------------------------
\5\ The parenthetical reference provides a reference for
information located in the docket of DOE's rulemaking to develop
test procedures for dehumidifying direct expansion-dedicated outdoor
air system. (Docket No. EERE-2017-BT-TP-0018, which is maintained at
www.regulations.gov). The references are arranged as follows:
(commenter name, comment docket ID number, page of that document).
---------------------------------------------------------------------------
II. Synopsis of the Supplemental Notice of Proposed Rulemaking
In this SNOPR, DOE is proposing revised terminology for the
equipment subject to this rulemaking. DOE is proposing to define the
abbreviated term Unitary DOAS to mean unitary dedicated outdoor air
system, instead of the term ``DX-DOAS'' as proposed in the July 2021
NOPR. DOE also is proposing to define the abbreviated term DX-DOAS to
mean a direct expansion-dedicated outdoor air system, as opposed to
``dehumidifying direct-expansion dedicated outdoor air system'' (``DDX-
DOAS'') as proposed in the July 2021 NOPR. This change to the proposal
would more closely align DOE's terminology with that used in industry.
DOE is not, however, proposing substantial updates to the definitions
of these terms. This topic is addressed in section III.A of this SNOPR.
Secondly, DOE is proposing an update to the provisions pertaining
to testing and representations for equipment with special components.
The July 2021 NOPR proposed to reference the entirety of Appendix F of
AHRI 920-2020, ``Unit Configuration for Standard Efficiency
Determination,'' in section 1.1(a)(vii) and section 2.2.1(h) of the
proposed appendix B test procedure. However, Appendix F of AHRI 920-
2020 includes two types of instructions: (1) Alternative test methods
for certain special components, and (2) whether special components
should be present during testing for the determination of energy
efficiency representations. As a result, DOE has provisionally
determined that it is necessary to reference these instructions in the
proposed appendix B test procedure and in the proposed representation
requirements at 10 CFR 429.43 to provide more detailed direction. DOE
also is proposing one deviation from the instructions in Appendix F to
AHRI 920-2020. This topic is addressed in section III.B of this SNOPR.
Additionally, Appendix F of AHRI 920-2020 also allows an option for
testing specially built models that do not include a feature if no
models are distributed in commerce with that feature. DOE is proposing
not to include this option in its certification and enforcement
provisions. This topic is also addressed in section III.B of this
SNOPR.
Finally, DOE is correcting its references in the proposal to the
industry test standard AHRI 1060-2018, ``2018 Standard for Performance
Rating of Air-to-Air Exchangers for Energy Recovery Ventilation
Equipment,'' which was incorrectly attributed as being certified by the
American National Standards Institute (``ANSI'') in the July 2021 NOPR.
DOE's proposed actions are summarized in Table II.1 and addressed
in detail in section III of this document.
Table II.1--Summary of Proposed Test Procedure for DX-DOASes Addressed
in This SNOPR
------------------------------------------------------------------------
July 2021 NOPR proposals SNOPR Attribution
------------------------------------------------------------------------
Defines the abbreviated term Replaces the term The term ``DX-
``DX-DOAS'' to refer to direct ``DX-DOAS'' with DOAS'' will be
expansion-dedicated outdoor air Unitary DOAS. used to refer to
systems and define such the subcategory
equipment as covered equipment. of equipment
within the scope
of the proposed
test procedure.
Defines the abbreviated term Replaces the term Align with
``DDX-DOAS'' to refer to the ``DDX-DOAS'' with industry
dehumidifying direct expansion- DX-DOAS. terminology.
dedicated outdoor air systems
proposed to be within scope of
the proposed test procedure.
Incorporates by reference AHRI Re-organizes the Re-organization of
920-2020 and other relevant instructions in regulatory
industry test standards AHRI 920-2020 10 provisions.
referenced by that standard, CFR 429.43 for
including a list of components components that
that must be present for must be present
testing and provisions for for testing, and
testing units with certain the proposed
optional features. appendix B test
procedure for
provisions for
testing units
with certain
optional features.
Proposes to Clarification of
include representation
instruction that requirements.
coated coils be
present during
testing if the
individual unit
under test has
this special
component.
[[Page 72878]]
Proposal to Clarification of
exclude industry representation
test standard requirements.
provisions
regarding testing
of specially
built models.
Incorrectly refers to AHRI 1060- Corrects the title Correction of an
2018 as being certified by ANSI. of AHRI 1060-2018. inaccurate
citation.
------------------------------------------------------------------------
III. Discussion
A. Terminology for Covered Equipment
In the July 2021 NOPR, DOE proposed to establish terms and
definitions for dedicated outdoor air systems that are small, large,
and very large commercial package air conditioning and heating
equipment. 86 FR 36018, 36023. DOE proposed to refer to the general
category of this equipment as ``DX-DOAS'' (i.e., Unitary DOAS, as
proposed in this SNOPR), whereas the specific equipment with the
capability to dehumidify outdoor air to a low dew point would be
referred to as ``DDX-DOAS'' (i.e., DX-DOAS, as proposed in this SNOPR).
However, the abbreviated term ``DX-DOAS'' is used in AHRI 920-2020 and
ASHRAE Standard 90.1 to refer specifically to equipment with a high
degree of dehumidification capacity. 86 FR 36018, 36020, 36023.
DOE requested comment upon its proposed terms and definitions in
the July 2021 NOPR. 86 FR 36018, 36022-36024. In response, DOE received
comments from AHRI, CA IOUs, Carrier, Emerson, MIAQ, and Trane. (AHRI,
No. 18, p. 9; AHRI, No. 22, pp. 4-6; CA IOUs, No. 25, pp. 3-4; Carrier,
No. 20, p. 2; MIAQ, No. 19, pp. 2-3; Trane, No. 23, p. 1) The CA IOUs
and Carrier supported DOE's proposal to use ``DX-DOAS'' (i.e., Unitary
DOAS, as proposed in this SNOPR) as a more generic term and ``DDX-
DOAS'' (i.e., DX-DOAS, as proposed in this SNOPR) as the specific term
to describe the equipment covered by the proposed test procedure. (CA
IOUs, No. 25, p. 3; Carrier, No. 20, p. 2) AHRI, Emerson, MIAQ, and
Trane raised concerns that deviating from the already industry-accepted
terminology would cause supply-chain and market confusion. (AHRI, No.
18, p. 9; AHRI, No. 22, pp. 4-5; MIAQ, No. 19, pp. 2-3; Trane, No. 23,
p. 1)
AHRI stated that specifiers, contractors, and manufacturers are
familiar with the acronyms ``DOAS'' and ``DX-DOAS'' but not ``DDX-
DOAS''. (AHRI, No. 18, p. 9) AHRI also commented that common industry
terminology should be maintained to prevent market confusion because
the market is familiar with the term DX-DOAS being used to refer to
equipment that is capable of supplying 100-percent outdoor air for
ventilation purposes, with dehumidification. (AHRI, No. 22, pp. 4-5)
AHRI noted that this definition was originally established in ASHRAE
Standard 90.1-2016, and AHRI 920 has referred to dehumidifying,
refrigerant-driven DOAS as DX-DOAS. (Id.) AHRI urged DOE to adopt DX-
DOAS as the term used to describe the dehumidifying equipment and
stated that industry is adamantly against referring to dehumidifying
DOAS as ``DDX-DOAS''. (Id.)
Emerson agreed with the approach suggested by AHRI to adopt the
term DX-DOAS and stated that this approach may be less likely to cause
confusion in the market. (Emerson, No. 27, p. 2) MIAQ also urged DOE to
adopt the term DX-DOAS for this purpose. (MIAQ, No. 19, p. 2)
Trane requested that DOE use the term ``DOAS'' for the equipment
under consideration and provided a collection of Trane product
literature using this term across 20 years. (Trane, No. 23, p. 1) Trane
commented that the industry recognizes a ``DOAS'' as equipment that is
capable of dehumidifying 100-percent outdoor air below a 55 [deg]F dew
point; changing this terminology would cause confusion to customers and
would undermine the purpose of the AHRI 920 standard. (Id.)
AHRI indicated that its members were largely in agreement with the
definitions proposed, but the major concern is regarding the
terminology or acronym used to describe the equipment. (AHRI, No. 18,
p. 9) MIAQ also stated that MIAQ agrees with DOE's proposed terminology
with the noted exception that DOE should use DX-DOAS instead of ``DDX-
DOAS.'' (MIAQ, No. 19, p. 3)
DOE appreciates these comments from stakeholders and understands
the concerns regarding introducing a new, unfamiliar term into the
market when a different term may already be well-established. Based on
comments received, DOE is revising its proposal to use the abbreviated
term DX-DOAS to refer to the dedicated outdoor air system equipment
called DDX-DOAS in the July 2021 NOPR. Unlike the simpler term ``DOAS''
suggested by Trane, DX-DOAS is used in ASHRAE Standard 90.1 and AHRI
920 and thus would appear to be more generally accepted by industry to
specifically refer to this type of equipment.
The CA IOUs expressed that there is ambiguity regarding equipment
that conditions 100-percent outdoor air but does not dehumidify to the
levels specified in the DX-DOAS definition, such as makeup air units
(``MUAs''). The CA IOUs noted that AHRI 920-2020 references, but does
not define, ``sensible-only 100-percent outdoor air units.'' (CA IOUs,
No. 25, pp. 3-4)
Other industry stakeholders suggested potential ways to define
these types of equipment that do not humidify to the levels specified
in the proposed DX-DOAS definition. AHRI commented that DOE's
definitions should differentiate between dehumidifying and non-
dehumidifying dedicated outdoor air systems. AHRI suggested defining
direct-expansion units capable of providing 100-percent outdoor air but
not capable of meeting the dehumidification criteria set forth in AHRI
920 as ``non-dehumidifying DX-DOAS'' or ``ND-DX-DOAS.'' AHRI stated
that DOE's regulations should focus on how these products are
represented in the market because operating conditions, rather than
features, differentiate DX-DOASes from ND-DX-DOASes. AHRI also
indicated key differences between DX-DOASes and ND-DX-DOASes and
commercial unitary air conditioners (``CUACs''), specifically stating
that DX-DOASes may include a reheat coil to provide space-neutral
supply air, but that ND-DX-DOASes will not have a reheat coil; design
conditions are different for DX-DOASes, ND-DX-DOASes, and CUACs; and
design airflow rates for these equipment are around 146.5 cubic feet
per minute per ton (``cfm/ton'') for DX-DOASes, 360 cfm/ton for CUACs,
and 550 cfm/ton for ND-DX-DOASes. (AHRI, No. 22, pp. 4-5)
MIAQ provided similar comments discussing DX-DOASes, ND-DX-DOASes,
and CUACs, and supported the adoption of a definition for ND-DX-DOASes.
(MIAQ, No. 19, p. 2) AHRI and MIAQ urged DOE to adopt definitions
[[Page 72879]]
for DX-DOAS and ND-DX-DOAS. (AHRI, No. 22, p. 6; MIAQ, No. 19, p. 2)
Emerson agreed with the approach proposed by AHRI. (Emerson, No. 27, p.
2)
DOE understands that the approach proposed by AHRI would establish
mutually exclusive equipment categories--DX-DOAS and ND-DX-DOAS--where
ND-DX-DOAS would likely capture the MUAs highlighted by the CA IOUs.
However, in this SNOPR, DOE is not addressing substantive changes to
the definitions proposed in the July 2021 NOPR. Based on stakeholder
comment, DOE has tentatively determined that the DX-DOAS term proposed
in this SNOPR is generally consistent with the term used in industry.
Therefore, DOE is only proposing to update the terminology used to
refer to the definitions proposed in the July 2021 NOPR in order to
avoid confusion with industry. DOE is maintaining its approach proposed
in the July 2021 NOPR (to establish one generic definition and one
specific definition for dehumidifying equipment), but is revising its
proposal to use the terms Unitary DOAS and DX-DOAS.
As a result, in this SNOPR, DOE is proposing the terms Unitary
dedicated outdoor air system, or Unitary DOAS, and Direct expansion-
dedicated outdoor air system, or DX-DOAS, be updated as set out in the
regulatory text at the end of this document.
Issue-1: DOE seeks comment on the revised terms for Unitary DOAS
and DX-DOAS, which replace the terms DX-DOAS and DDX-DOAS in the July
2021 NOPR, respectively.
B. Specific Components
In the July 2021 NOPR, DOE proposed to adopt Appendix F of AHRI
920-2020. AHRI 920-2020 includes Appendix F, ``Unit Configuration for
Standard Efficiency Determination--Normative.'' Section F2.4 includes a
list of features that are optional for testing.\6\ Section F2.4 of AHRI
920-2020 further specifies the following general provisions regarding
testing of units with optional features:
---------------------------------------------------------------------------
\6\ On January 30, 2015, DOE issued a Commercial HVAC
Enforcement Policy addressing the treatment of specific features
during Departmental testing of commercial HVAC equipment. Many of
the features in the Commercial HVAC Enforcement Policy are present
in Appendix F of AHRI 920-2020, however, the Commercial HVAC
Enforcement Policy is not applicable to DX-DOASes and is therefore
not applicable in this rulemaking.
---------------------------------------------------------------------------
If an otherwise identical model (within the same basic
model) without the feature is distributed in commerce, test the
otherwise identical model.
If an otherwise identical model (within the same basic
model) without the feature is not distributed in commerce, conduct
tests with the feature present but configured and de-activated so as to
minimize (partially or totally) the impact on the results of the test
(as determined per the provisions in section D2). Alternatively, the
manufacturer may indicate in the supplemental testing instructions that
the test shall be conducted using a specially built otherwise identical
unit that is not distributed in commerce and does not have the feature.
DOE has tentatively determined that testing specially built units
would not provide ratings representative of equipment distributed in
commerce. Therefore, DOE is not proposing to include this option for
testing specially built units in its certification and enforcement
provisions.
DOE notes that the list of features and provisions in Section F2.4
of Appendix F of AHRI 920-2020 conflates features that can be addressed
by testing provisions with features that warrant enforcement relief
(i.e., features that, if present on a unit under test, could have a
substantive impact on test results and that cannot be disabled or
otherwise mitigated). This differentiation remains central to providing
clarity in DOE's regulations. Further, provisions more explicit than
included in Section F2.4 of AHRI 920-2020 are warranted to clarify the
differences between how specific components must be treated when
manufacturers are making representations as opposed to when DOE is
conducting enforcement testing.
In order to provide clarity between test procedure provisions
(i.e., how to test a specific unit) and certification and enforcement
provisions (e.g., which model to test), in this SNOPR, DOE is not
proposing to incorporate by reference Appendix F of AHRI 920-2020 and
instead is proposing to adopt certain related provisions in appendix B
to subpart F of part 431 and Sec. Sec. 429.43 and 429.134.
Specifically, in appendix B, DOE proposes test provisions for
specific components, including the components listed in Section F2.4 of
AHRI 920-2020 for which there is a neutralizing test procedure action
(i.e., test procedure provisions specific to the component that are not
addressed by general provisions in AHRI 920-2020 that negates the
components impact on performance).\7\ These provisions would specify
how to test a unit equipped with such a component--e.g., for a unit
with hail guards, remove hail guards for testing.
---------------------------------------------------------------------------
\7\ For the following components listed in Section F2.4 of AHRI
920-2020, DOE has tentatively concluded that there is not a
neutralizing test procedure action specified in Section F2.4 of AHRI
920-2020 for testing a unit with the component present, and is
therefore not proposing to include test procedure actions specific
to these components in appendix B: Coated coils and VERS preheat.
---------------------------------------------------------------------------
In the July 2021 NOPR, DOE noted that Section F2.3 of AHRI 920-2020
specifies that for supply air filters, the filter shall have a
``minimum efficiency reporting value'' (``MERV'') specification no less
than MERV 8, and that the lowest-MERV filter distributed in commerce
with the DOAS model may be used if it exceeds MERV 8. DOE notes that by
no longer proposing to incorporate by reference Appendix F to AHRI 920-
2020, DOE would need to adopt this requirement elsewhere in the DOE
test procedure. DOE is proposing to include this requirement in
appendix B, consistent with what is specified in Section F2.3 of AHRI
920-2020 regarding filters. AHRI 920-2020.
DOE is proposing provisions that would allow determination of
represented values of a model equipped with a particular component to
be based on an individual model distributed in commerce without the
component in specific cases. The provisions apply to certain components
for which the test provisions for testing a unit with the component may
result in differences in ratings compared to testing a unit without the
component.\8\ For these such components, DOE proposes in 10 CFR
429.43(a)(4) that:
---------------------------------------------------------------------------
\8\ DOE has tentatively concluded that for the following
features included in Section 2.4 of AHRI 920-2020, testing a unit
with these components in accordance with the proposed test
provisions would not result in differences in ratings compared to
testing a unit without these components; therefore, DOE is not
proposing to include these features in 10 CFR 429.43(a)(4): UV
lights, high-effective indoor air filtration, power correction
capacitors, and hail guards.
---------------------------------------------------------------------------
If a basic model includes only individual models
distributed in commerce with a specific component, or does not include
any otherwise identical individual models without the specific
component, the manufacturer must determine represented values for the
basic model based on performance of an individual model with the
component present (and consistent with any relevant proposed test
procedure provisions in appendix B).
If a basic model includes both individual models
distributed in commerce with a specific component and otherwise
identical individual models without the specific component, the
manufacturer may determine represented values for the basic model based
on performance of an individual
[[Page 72880]]
model either with the component present (and consistent with any
relevant proposed test procedure provisions in appendix B) or without
the component present.
DOE's proposed provisions in 10 CFR 429.43(a)(4) include all of the
optional features specified in Section F2.4 of AHRI 920-2020 for which
the test provisions for testing a unit with these components may result
in differences in ratings compared to testing a unit without these
components, except coated coils. DOE is proposing to exclude coated
coils from the specific components list specified in 10 CFR 439.43
because DOE has tentatively concluded that the presence of coated coils
does not result in a significant impact to performance of DX-DOASes,
and therefore, that models with coated coils should be rated based on
performance of models with coated coils present (rather than based on
performance of an otherwise identical model without coated coils).
DOE notes that in some cases, individual models may include
multiple of the specified components or there may be individual models
within a basic model that include various dehumidification components
that result in more or less energy use. In these cases, the represented
values of performance must be representative of the lowest efficiency
found within the basic model.
In response to the July 2021 NOPR, the CA IOUs recommended
excluding furnaces from the list of optional features specified in
Section F2.4 of AHRI 920-2020. The CA IOUs noted that the test
procedure for commercial unitary air conditioning and heating equipment
(i.e., AHRI 340/360) requires that a furnace is installed when testing
models that are distributed in commerce with a furnace. More
specifically, the CA IOUs asserted that rating units without furnaces
is unrepresentative, and that all DX-DOASes should be rated with the
furnaces installed (i.e., the same approach used for commercial unitary
air conditioning and heating equipment). DOE understands AHRI 920-2020
to represent the industry consensus position on testing DX-DOASes and
has tentatively determined that furnaces installed in a DX-DOAS may
result in differences in ratings compared to testing units without
these components. As such, DOE is proposing not to deviate from the
approach taken in Section 2.4 of AHRI 920-2020 with respect to furnaces
at this time and is therefore including furnaces in the optional
features list specified in 10 CFR 429.43(a)(4).
DOE is proposing provisions in 10 CFR 429.134 regarding how DOE
would assess compliance for basic models that include individual models
distributed in commerce with specific components--these provisions
would simply incorporate the representation provisions discussed above
into DOE's product-specific enforcement provisions.
If a basic model includes only individual models
distributed in commerce with a specific component, or does not include
any otherwise identical individual models without the specific
component, DOE may assess compliance for the basic model based on
testing an individual model with the component present (and consistent
with any relevant proposed test procedure provisions in appendix B).
If a basic model includes both individual models
distributed in commerce with a specific component and otherwise
identical individual models without the specific component, DOE will
assess compliance for the basic model based on testing of an otherwise
identical model within the basic model that does not include the
component; except if DOE is not able to obtain such a model for
testing. In such a case, DOE will assess compliance for the basic model
based on testing of an individual model with the specific component
present (and consistent with any relevant proposed test procedure
provisions in appendix B).
Were DOE to adopt the provisions in appendix B, 10 CFR 429.43, and
10 CFR 429.134 as proposed, DOE may consider adding certification
reporting requirements in a separate rulemaking such that manufacturers
would be required to certify which otherwise identical models are used
for making representations of basic models that include individual
models with specific components.
Issue-2: DOE requests comment on its proposals regarding specific
components in appendix B, 10 CFR 429.43, and 10 CFR 429.134.
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
The Office of Management and Budget (OMB) has determined that this
test procedure rulemaking does not constitute a ``significant
regulatory action'' under section 3(f) of Executive Order 12866,
``Regulatory Planning and Review,'' 58 FR 51735 (Oct. 4, 1993).
Accordingly, this action was not subject to review under the Executive
order by the Office of Information and Regulatory Affairs (OIRA) in
OMB.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (``IRFA'')
for any rule that by law must be proposed for public comment, unless
the agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
A regulatory flexibility analysis examines the impact of the rule on
small entities and considers alternative ways of reducing negative
effects. As required by Executive Order 13272, ``Proper Consideration
of Small Entities in Agency Rulemaking,'' 67 FR 53461 (August 16,
2002), DOE published procedures and policies on February 19, 2003 to
ensure that the potential impacts of its rules on small entities are
properly considered during the DOE rulemaking process. 68 FR 7990. DOE
has made its procedures and policies available on the Office of the
General Counsel's website: www.energy.gov/gc/office-general-counsel.
DOE reviewed this test procedure SNOPR pursuant to the Regulatory
Flexibility Act and the procedures and policies previously discussed.
DOE has concluded that this rule would not have a significant impact on
a substantial number of small entities. The factual basis for this
certification is set forth below.
Under 42 U.S.C. 6293, the statute sets forth the criteria and
procedures DOE must follow when prescribing or amending test procedures
for covered products. EPCA requires that any test procedures prescribed
or amended under this section must be reasonably designed to produce
test results which measure energy efficiency, energy use or estimated
annual operating cost of a covered product during a representative
average use cycle or period of use and not be unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3))
Currently, DOE does not have a test procedure or energy
conservation standards for DX-DOASes. DOE published a NOPR proposing to
establish a test procedure for DX-DOASes on July 7, 2021. 86 FR 36018.
DOE conducted an initial regulatory flexibility analysis (``IRFA'') as
part of the July 7, 2021 NOPR, and determined that there are three
domestic small businesses that manufacture DX-DOASes. Based on
stakeholder feedback, DOE has revised its small business count to one
domestic small business that manufacturers DX-DOASes. DOE still
tentatively concludes that the proposed test procedure in that
[[Page 72881]]
NOPR would not present a significant burden to small manufacturers. 86
FR 36050.
In this SNOPR, DOE proposes the following:
Revising proposed terminology, changing the ``DX-DOAS''
term proposed in the NOPR to ``Unitary DOAS'' (the category of
commercial package air-conditioning and heating equipment) and the
``DDX-DOAS'' term proposed in the NOPR to ``DX-DOAS'' (the subcategory
to which this test procedure applies); and
Modifying the NOPR proposal to provide instructions on how
representations shall be made for equipment with special components.
Correcting the reference to the AHRI 1060-2018 test
procedure.
The proposed test procedure amendments in this SNOPR would add no
additional costs for small businesses because they align the test
procedure definitions with those of industry test procedures and
provide additional specific instruction for manufacturers. Therefore,
DOE concludes that this SNOPR would not have a ``significant economic
impact on a substantial number of small entities,'' and that the
preparation of an IRFA for this SNOPR is not warranted. DOE will
transmit the certification and supporting statement of factual basis to
the Chief Counsel for Advocacy of the Small Business Administration for
review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
DOE's certification and compliance activities ensure accurate and
comprehensive information about the energy and water use
characteristics of covered products and covered equipment sold in the
United States. Manufacturers of all covered products and covered
equipment with applicable standards must submit a certification report
before a basic model is distributed in commerce, annually thereafter,
and if the basic model is redesigned in such a manner to increase the
consumption or decrease the efficiency of the basic model such that the
certified rating is no longer supported by the test data. Additionally,
manufacturers must report when production of a basic model has ceased
and is no longer offered for sale as part of the next annual
certification report following such cessation. DOE requires the
manufacturer of any covered product or covered equipment to establish,
maintain, and retain the records of certification reports, of the
underlying test data for all certification testing, and of any other
testing conducted to satisfy the requirements of part 429, part 430,
and/or part 431. Certification reports provide DOE and consumers with
comprehensive, up-to date efficiency information and support effective
enforcement.
DOE is not proposing certification or reporting requirements for
DX-DOASes in this NOPR. Certification of DX-DOAS would not be required
until such time as DOE establishes DX-DOAS energy conservation
standards and manufacturers are required to comply with those
standards. DOE may consider proposals to establish certification
requirements and reporting for DX-DOASes under a separate rulemaking
regarding appliance and equipment certification. DOE will address
changes to OMB Control Number 1910-1400 at that time, as necessary.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this SNOPR, DOE proposes test procedures that it expects will be
used to develop and implement future energy conservation standards for
DX-DOASes. DOE has determined that this proposed rule falls into a
class of actions that are categorically excluded from review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
DOE's implementing regulations at 10 CFR part 1021. Specifically, DOE
has determined that adopting test procedures for measuring energy
efficiency of consumer products and industrial equipment is consistent
with activities identified in 10 CFR part 1021, appendix A to subpart
D, A5 and A6. Accordingly, neither an environmental assessment nor an
environmental impact statement is required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4,
1999), imposes certain requirements on Federal agencies formulating and
implementing policies or regulations that preempt State law or that
have federalism implications. The Executive order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. 65 FR 13735. DOE has examined this
proposed rule and has tentatively determined that it would not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. EPCA
governs and prescribes Federal preemption of State regulations as to
energy conservation for the products that are the subject of this
proposed rule. States can petition DOE for exemption from such
preemption to the extent, and based on criteria, set forth in EPCA. (42
U.S.C. 6297(d)) No further action is required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
Eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard, and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms, and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
the proposed rule meets the relevant standards of Executive Order
12988.
[[Page 72882]]
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a proposed regulatory action likely to result in a rule that may
cause the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year (adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at www.energy.gov/gc/office-general-counsel. DOE examined this proposed
rule according to UMRA and its statement of policy and determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure of $100 million or more in any year,
so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This proposed rule would not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights,'' 53 FR 8859 (March 18, 1988), that this proposed regulation
would not result in any takings that might require compensation under
the Fifth Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has
reviewed this proposed rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgated or is expected to lead to promulgation of a
final rule, and that: (1) Is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
The proposed regulatory action to adopt a test procedure for
measuring the energy efficiency of DX-DOASes is not a significant
regulatory action under Executive Order 12866. Moreover, it would not
have a significant adverse effect on the supply, distribution, or use
of energy, nor has it been designated as a significant energy action by
the Administrator of OIRA. Therefore, it is not a significant energy
action, and, accordingly, DOE has not prepared a Statement of Energy
Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788;
``FEAA'') Section 32 essentially provides in relevant part that, where
a proposed rule authorizes or requires use of commercial standards, the
notice of proposed rulemaking must inform the public of the use and
background of such standards. In addition, section 32(c) requires DOE
to consult with the Attorney General and the Chairman of the Federal
Trade Commission (``FTC'') concerning the impact of the commercial or
industry standards on competition.
The proposed test procedure for DX-DOASes incorporate the following
applicable industry consensus standards: AHRI 920-2020, AHRI 1060-2018,
ANSI/ASHRAE 37-2009, ANSI/ASHRAE 41.1-2013, ANSI/ASHRAE 41.6-2014, and
ANSI/ASHRAE 198-2013. DOE has evaluated these standards and is unable
to conclude whether they fully comply with the requirements of section
32(b) of the FEAA (i.e., whether they were developed in a manner that
fully provides for public participation, comment, and review). DOE will
consult with both the Attorney General and the Chairman of the FTC
concerning the impact of these test procedures on competition, prior to
prescribing a final rule.
M. Description of Materials Incorporated by Reference
In this SNOPR, DOE maintains its previous proposal to incorporate
by reference the following test standards:
(1) The test standard published by AHRI, titled ``2020 Standard for
Performance Rating of DX-Dedicated Outdoor Air System Units,'' AHRI
Standard 920-2020 (I-P). AHRI Standard 920-2020 (I-P) is an industry-
accepted test procedure for measuring the performance of DX-dedicated
outdoor air system units. AHRI Standard 920-2020 (I-P) is available on
AHRI's website at: www.ahrinet.org/App_Content/ahri/files/STANDARDS/AHRI/AHRI_Standard_920_I-P_2020.pdf.
(2) The test standard published by AHRI, titled ``2018 Standard for
Performance Rating of Air-to-Air Exchangers for Energy Recovery
Ventilation Equipment,'' AHRI Standard
[[Page 72883]]
1060-2018. AHRI Standard 1060-2018 is an industry-accepted test
procedure for measuring the performance of air-to-air exchangers for
energy recovery ventilation equipment. AHRI Standard 1060-2018 is
available on AHRI's website at: www.ahrinet.org/App_Content/ahri/files/STANDARDS/AHRI/AHRI_Standard_1060_I-P_2018.pdf.
(3) The test standard test standard published by ASHRAE, titled
``Methods of Testing for Rating Electrically Driven Unitary Air-
Conditioning and Heat Pump Equipment,'' ANSI/ASHRAE Standard 37-2009.
ANSI/ASHRAE Standard 37-2009 is an industry-accepted test procedure for
measuring the performance of electrically driven unitary air-
conditioning and heat pump equipment. ANSI/ASHRAE Standard 37-2009 is
available on ASHRAE's website (in partnership with Techstreet) at:
www.techstreet.com/ashrae/standards/ashrae-37-2009?product_id=1650947.
(4) The test standard published by ASHRAE, titled ``Standard Method
for Temperature Measurement,'' ANSI/ASHRAE Standard 41.1-2013. ANSI/
AHRAE Standard 41.1-2013 is an industry-accepted test procedure for
measuring temperature. ANSI/ASHRAE Standard 41.1-2013 is available on
ASHRAE's website (in partnership with Techstreet) at:
www.techstreet.com/ashrae/standards/ashrae-41-1-2013?product_id=1853241.
(5) The test standard published by ASHRAE, titled ``Standard Method
for Humidity Measurement,'' ANSI/ASHRAE Standard 41.6-2014. ANSI/AHRAE
Standard 41.6-2014 is an industry-accepted test procedure for measuring
humidity. ANSI/ASHRAE Standard 41.6-2014 is available on ASHRAE's
website (in partnership with Techstreet) at: www.techstreet.com/ashrae/standards/ashrae-41-6-2014?product_id=1881840.
(6) The test standard published by ASHRAE, titled ``Method for Test
for Rating DX-Dedicated Outdoor Air Systems for Moisture Removal
Capacity and Moisture Removal Efficiency,'' ANSI/ASHRAE Standard 198-
2013. ANSI/ASHRAE Standard 198-2013 is an industry-accepted test
procedure for measuring the performance of DX-dedicated outdoor air
system units. ANSI/ASHRAE Standard 198-2013 is available on ASHRAE's
website (in partnership with Techstreet) at: www.techstreet.com/ashrae/standards/ashrae-198-2013?product_id=1852612.
V. Public Participation
A. Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule no later than the date provided in the DATES section at
the beginning of this proposed rule. Interested parties may submit
comments using any of the methods described in the ADDRESSES section at
the beginning of this document.
Submitting comments via www.regulations.gov. The
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 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
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 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 www.regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email. Comments and documents submitted via
email also will be posted to 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 in 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. No telefacsimiles (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. Pursuant 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 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. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
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).
B. Issues on Which DOE Seeks Comment
Although DOE welcomes comments on any aspect of this proposal, DOE
is particularly interested in receiving
[[Page 72884]]
comments and views of interested parties concerning the following
issues:
Issue-1: DOE seeks comment on the revised terms for Unitary DOAS
and DX-DOAS, which replace the terms DX-DOAS and DDX-DOAS in the July
2021 NOPR, respectively.
Issue-2: DOE requests comment on its proposals regarding specific
components in appendix B, 10 CFR 429.43, and 10 CFR 429.134.
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this
supplemental notice of proposed rulemaking and request for comment.
List of Subjects
10 CFR Part 429
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements, Small businesses.
10 CFR Part 431
Administrative practice and procedure, Confidential business
information, Energy conservation, Incorporation by reference, Reporting
and recordkeeping requirements.
Signing Authority
This document of the Department of Energy was signed on December
14, 2021, by Kelly J. Speakes-Backman, Principal Deputy Assistant
Secretary for Energy Efficiency and Renewable Energy, pursuant to
delegated authority from the Secretary of Energy. That document with
the original signature and date is maintained by DOE. For
administrative purposes only, and in compliance with requirements of
the Office of the Federal Register, the undersigned DOE Federal
Register Liaison Officer has been authorized to sign and submit the
document in electronic format for publication, as an official document
of the Department of Energy. This administrative process in no way
alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on December 15, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE is proposing to amend
parts 429 and 431 of chapter II of title 10, Code of Federal
Regulations as set forth below:
PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 429 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
2. Amend Sec. 429.43 by adding paragraphs (a)(3) and (4) to read as
follows:
Sec. 429.43 Commercial heating, ventilating, air conditioning (HVAC)
equipment.
(a) * * *
(3) Refrigerants. For direct expansion-dedicated outdoor air
systems (DX-DOASes) (see Sec. 431.92 of this chapter), if a basic
model is distributed in commerce for which the manufacturer specifies
the use of more than one refrigerant option, the integrated seasonal
moisture removal efficiency 2 (ISMRE2) and integrated seasonal moisture
removal efficiency 2 (ISCOP2) (see Sec. 431.92 of this chapter), as
applicable, are determined for that basic model using the refrigerant
that results in the lowest ISMRE2 and the refrigerant that results in
the lowest ISCOP2, as applicable. For example, the dehumidification
performance metric ISMRE2 must be based on the refrigerant yielding the
lowest ISMRE2, and the heating performance metric ISCOP2 (if the unit
is a heat pump DX-DOAS) must be based on the refrigerant yielding the
lowest ISCOP2. A refrigerant is considered approved for use if it is
listed on the nameplate of the single package unit or outdoor unit.
Pursuant to the definition of ``basic model'' in Sec. 431.92 of this
chapter, specification of an additional refrigerant option that
requires use of different hardware (i.e., compressors, heat exchangers,
or air moving systems that are not the same or comparably performing),
results in a different basic model.
(4) Determination of represented values for individual models with
specific components for DX-DOAS equipment. (i) If a manufacturer
distributes in commerce individual models with one of the components
listed in the following table, determination of represented values is
dependent on the selected grouping of individual models into a basic
model, as indicated in paragraphs (a)(4)(ii) through (v) of this
section. For the purposes of this paragraph (a)(4)(i), ``otherwise
identical'' means differing only in the presence of specific components
listed in table 1 to this paragraph (a)(4)(i).
Table 1 to Paragraph (a)(4)(i)
------------------------------------------------------------------------
Component Description
------------------------------------------------------------------------
Furnaces and Steam/Hydronic Heat Furnaces and steam/hydronic heat
Coils. coils used to provide primary or
supplementary heating.
Ducted Condenser Fans............. A condenser fan/motor assembly
designed for optional external
ducting of condenser air that
provides greater pressure rise and
has a higher rated motor horsepower
than the condenser fan provided as
a standard component with the
equipment.
Sound Traps/Sound Attenuators..... An assembly of structures through
which the supply air passes before
leaving the equipment or through
which the return air from the
building passes immediately after
entering the equipment, for which
the sound insertion loss is at
least 6 dB for the 125 Hz octave
band frequency range.
Ventilation energy recovery system Electric resistance, hydronic, or
(VERS) Preheat. steam heating coils used for
preheating outdoor air entering a
VERS.
------------------------------------------------------------------------
(ii) If a basic model includes only individual models distributed
in commerce without a specific component listed in paragraph (a)(4)(i)
of this section, the manufacturer must determine represented values for
the basic model based on performance of an individual model distributed
in commerce without the component.
(iii) If a basic model includes only individual models distributed
in commerce with a specific component listed in paragraph (a)(4)(i) of
this section, the manufacturer must
[[Page 72885]]
determine represented values for the basic model based on performance
of an individual model with the component present (and consistent with
any component-specific test provisions specified in section 2.2.2 of
appendix B to subpart F of part 431 of this chapter).
(iv) If a basic model includes both individual models distributed
in commerce with a specific component listed in paragraph (a)(4)(i) of
this section and individual models distributed in commerce without that
specific component, and none of the individual models distributed in
commerce without the specific component are otherwise identical to any
given individual model distributed in commerce with the specific
component, the manufacturer must consider the performance of individual
models with the component present when determining represented values
for the basic model (and consistent with any component-specific test
provisions specified in section 2.2.2 of appendix B to subpart F of
part 431 of this chapter).
(v) If a basic model includes both individual models distributed in
commerce with a specific component listed in paragraph (a)(4)(i) of
this section and individual models distributed in commerce without that
specific component, and at least one of the individual models
distributed in commerce without the specific component is otherwise
identical to any given individual model distributed in commerce with
the specific component, the manufacturer may determine represented
values for the basic model either:
(A) Based on performance of an individual model distributed in
commerce without the specific component, or
(B) Based on performance of an individual model with the specific
component present (and consistent with any component-specific test
provisions specified in section 2.2.2 of appendix B to subpart F of
part 431 of this chapter).
(vi) In any of the cases specified in paragraphs (a)(4)(ii) through
(v) of this section, the represented values for a basic model must be
determined through either testing (paragraph (a)(1) of this section) or
an alternative efficiency determination method (AEDM) (paragraph (a)(2)
of this section).
* * * * *
0
3. Amend Sec. 429.70 by revising the tables in paragraphs (c)(2)(iv)
and (c)(5)(vi)(B) to read as follows:
Sec. 429.70 Alternative methods for determining energy efficiency and
energy use.
* * * * *
(c) * * *
(2) * * *
(iv) * * *
Table 1 to Paragraph (c)(2)(iv)
----------------------------------------------------------------------------------------------------------------
Minimum number of distinct models that must be
Validation class tested per AEDM
----------------------------------------------------------------------------------------------------------------
Air-Cooled, Split and Packaged Air Conditioners (ACs) and 2 Basic Models.
Heat Pumps (HPs) less than 65,000 Btu/h Cooling Capacity
(3-Phase).
----------------------------------------------------------------------------------------------------------------
(A) Commercial HVAC Validation Classes
----------------------------------------------------------------------------------------------------------------
Air-Cooled, Split and Packaged ACs and HPs greater than or 2 Basic Models.
equal to 65,000 Btu/h Cooling Capacity and Less than
760,000 Btu/h Cooling Capacity.
Water-Cooled, Split and Packaged ACs and HPs, All Cooling 2 Basic Models.
Capacities.
Evaporatively-Cooled, Split and Packaged ACs and HPs, All 2 Basic Models.
Capacities.
Water-Source HPs, All Capacities........................... 2 Basic Models.
Single Package Vertical ACs and HPs........................ 2 Basic Models.
Packaged Terminal ACs and HPs.............................. 2 Basic Models.
Air-Cooled, Variable Refrigerant Flow ACs and HPs.......... 2 Basic Models.
Water-Cooled, Variable Refrigerant Flow ACs and HPs........ 2 Basic Models.
Computer Room Air Conditioners, Air Cooled................. 2 Basic Models.
Computer Room Air Conditioners, Water-Cooled............... 2 Basic Models.
Direct Expansion-Dedicated Outdoor Air Systems, Air-cooled 2 Basic Models.
or Air-source Heat Pump, Without Ventilation Energy
Recovery Systems.
Direct Expansion-Dedicated Outdoor Air Systems, Air-cooled 2 Basic Models.
or Air-source Heat Pump, With Ventilation Energy Recovery
Systems.
Direct Expansion-Dedicated Outdoor Air Systems, Water- 2 Basic Models.
cooled, Water-source Heat Pump, or Ground Source Closed-
loop Heat Pump, Without Ventilation Energy Recovery
Systems.
Direct Expansion-Dedicated Outdoor Air Systems, Water- 2 Basic Models.
cooled, Water-source Heat Pump, or Ground Source Closed-
loop Heat Pump, With Ventilation Energy Recovery Systems.
----------------------------------------------------------------------------------------------------------------
(B) Commercial Water Heater Validation Classes
----------------------------------------------------------------------------------------------------------------
Gas-fired Water Heaters and Hot Water Supply Boilers Less 2 Basic Models.
than 10 Gallons.
Gas-fired Water Heaters and Hot Water Supply Boilers 2 Basic Models.
Greater than or Equal to 10 Gallons.
Oil-fired Water Heaters and Hot Water Supply Boilers Less 2 Basic Models.
than 10 Gallons.
Oil-fired Water Heaters and Hot Water Supply Boilers 2 Basic Models.
Greater than or Equal to 10 Gallons.
Electric Water Heaters..................................... 2 Basic Models.
Heat Pump Water Heaters.................................... 2 Basic Models.
Unfired Hot Water Storage Tanks............................ 2 Basic Models.
----------------------------------------------------------------------------------------------------------------
(C) Commercial Packaged Boilers Validation Classes
----------------------------------------------------------------------------------------------------------------
Gas-fired, Hot Water Only Commercial Packaged Boilers...... 2 Basic Models.
Gas-fired, Steam Only Commercial Packaged Boilers.......... 2 Basic Models.
Gas-fired Hot Water/Steam Commercial Packaged Boilers...... 2 Basic Models.
Oil-fired, Hot Water Only Commercial Packaged Boilers...... 2 Basic Models.
Oil-fired, Steam Only Commercial Packaged Boilers.......... 2 Basic Models.
[[Page 72886]]
Oil-fired Hot Water/Steam Commercial Packaged Boilers...... 2 Basic Models.
----------------------------------------------------------------------------------------------------------------
(D) Commercial Furnace Validation Classes
----------------------------------------------------------------------------------------------------------------
Gas-fired Furnaces......................................... 2 Basic Models.
Oil-fired Furnaces......................................... 2 Basic Models.
----------------------------------------------------------------------------------------------------------------
(E) Commercial Refrigeration Equipment Validation Classes \1\
----------------------------------------------------------------------------------------------------------------
Self-Contained Open Refrigerators.......................... 2 Basic Models.
Self-Contained Open Freezers............................... 2 Basic Models.
Remote Condensing Open Refrigerators....................... 2 Basic Models.
Remote Condensing Open Freezers............................ 2 Basic Models.
Self-Contained Closed Refrigerators........................ 2 Basic Models.
Self-Contained Closed Freezers............................. 2 Basic Models.
Remote Condensing Closed Refrigerators..................... 2 Basic Models.
Remote Condensing Closed Freezers.......................... 2 Basic Models.
----------------------------------------------------------------------------------------------------------------
\1\The minimum number of tests indicated above must be comprised of a transparent model, a solid model, a
vertical model, a semi-vertical model, a horizontal model, and a service-over-the counter model, as applicable
based on the equipment offering. However, manufacturers do not need to include all types of these models if it
will increase the minimum number of tests that need to be conducted.
* * * * *
(5) * * *
(vi) * * *
(B) * * *
Table 2 to Paragraph (c)(5)(vi)(B)
------------------------------------------------------------------------
Applicable
Equipment Metric tolerance
------------------------------------------------------------------------
Commercial Packaged Boilers....... Combustion 5% (0.05)
Efficiency. 5% (0.05)
Thermal Efficiency..
Commercial Water Heaters or Hot Thermal Efficiency.. 5% (0.05)
Water Supply Boilers. Standby Loss........ 10% (0.1)
Unfired Storage Tanks............. R-Value............. 10% (0.1)
Air-Cooled, Split and Packaged ACs Seasonal Energy- 5% (0.05)
and HPs less than 65,000 Btu/h Efficiency Ratio. 5% (0.05)
Cooling Capacity (3-Phase). Heating Season 10% (0.1)
Performance Factor.
Energy Efficiency
Ratio.
Air-Cooled, Split and Packaged ACs Energy Efficiency 5% (0.05)
and HPs greater than or equal to Ratio. 5% (0.05)
65,000 Btu/h Cooling Capacity and Coefficient of 10% (0.1)
Less than 760,000 Btu/h Performance.
CoolingCapacity. Integrated Energy
Efficiency Ratio.
Water-Cooled, Split and Packaged Energy Efficiency 5% (0.05)
ACs and HPs, All Cooling Ratio. 5% (0.05)
Capacities. Coefficient of 10% (0.1)
Performance.
Integrated Energy
Efficiency Ratio.
Evaporatively-Cooled, Split and Energy Efficiency 5% (0.05)
Packaged ACs and HPs, All Ratio. 5% (0.05)
Capacities. Coefficient of 10% (0.1)
Performance.
Integrated Energy
Efficiency Ratio.
Water-Source HPs, All Capacities.. Energy Efficiency 5% (0.05)
Ratio. 5% (0.05)
Coefficient of 10% (0.1)
Performance.
Integrated Energy
Efficiency Ratio.
Single Package Vertical ACs and Energy Efficiency 5% (0.05)
HPs. Ratio. 5% (0.05)
Coefficient of
Performance.
Packaged Terminal ACs and HPs..... Energy Efficiency 5% (0.05)
Ratio. 5% (0.05)
Coefficient of
Performance.
Variable Refrigerant Flow ACs and Energy Efficiency 5% (0.05)
HPs. Ratio. 5% (0.05)
Coefficient of 10% (0.1)
Performance.
Integrated Energy
Efficiency Ratio.
Computer Room Air Conditioners.... Net Sensible 5% (0.05)
Coefficient of
Performance.
Direct Expansion--Dedicated Integrated Seasonal 10% (0.1)
Outdoor Air Systems. Coefficient of
Performance 2.
Integrated Seasonal 10% (0.1)
Moisture Removal
Efficiency 2.
Commercial Warm-Air Furnaces...... Thermal Efficiency.. 5% (0.05)
Commercial Refrigeration Equipment Daily Energy 5% (0.05)
Consumption.
------------------------------------------------------------------------
* * * * *
0
4. Amend Sec. 429.134 by adding paragraph (s) to read as follows:
Sec. 429.134 Product-specific enforcement provisions.
* * * * *
(s) Direct expansion-dedicated outdoor air systems. The following
provisions apply for assessment and enforcement testing of models
subject to standards in terms of ISMRE2 or ISCOP2:
[[Page 72887]]
(1) Specific components. For basic models that include individual
models distributed in commerce with any of the specific components
listed at Sec. 429.43(a)(4)(i), the following provisions apply. For
the purposes of this paragraph (s)(1), ``otherwise identical'' means
differing only in the presence of specific components listed at Sec.
429.43(a)(4)(i).
(i) If the basic model includes only individual models distributed
in commerce with a specific component, or does not include any
otherwise identical individual models without the specific component,
DOE may assess compliance for the basic model based on testing of an
individual model with the component present (and consistent with any
component-specific test provisions specified in section 2.2.2 of
appendix B to subpart F of 431 of this chapter).
(ii) If the basic model includes both individual models distributed
in commerce with a specific component and otherwise identical
individual models without the specific component, DOE will assess
compliance for the basic model based on testing an otherwise identical
model within the basic model that does not include the component,
unless DOE is not able, through documented reasonable effort, to obtain
an individual model for testing that does not include the component. In
such a situation, DOE will assess compliance for the basic model based
on testing of an individual model with the specific component present
(and consistent with any component-specific test provisions specified
in section 2.2.2 of appendix B to subpart F of 431 of this chapter).
(2) [Reserved]
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
4. The authority citation for part 431 continues to read as follows:
Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.
0
5. Amend Sec. 431.2 by revising the definition of ``Commercial HVAC &
WH product'' to read as follows:
Sec. 431.2 Definitions.
* * * * *
Commercial HVAC & WH product means any small, large, or very large
commercial package air-conditioning and heating equipment (as defined
in Sec. 431.92), packaged terminal air conditioner (as defined in
Sec. 431.92), packaged terminal heat pump (as defined in Sec.
431.92), single package vertical air conditioner (as defined in Sec.
431.92), single package vertical heat pump (as defined in Sec.
431.92), computer room air conditioner (as defined in Sec. 431.92),
variable refrigerant flow multi-split air conditioner (as defined in
Sec. 431.92), variable refrigerant flow multi-split heat pump (as
defined in Sec. 431.92), unitary dedicated outdoor air system (as
defined in Sec. 431.92), commercial packaged boiler (as defined in
Sec. 431.82), hot water supply boiler (as defined in Sec. 431.102),
commercial warm air furnace (as defined in Sec. 431.72), instantaneous
water heater (as defined in Sec. 431.102), storage water heater (as
defined in Sec. 431.102), or unfired hot water storage tank (as
defined in Sec. 431.102).
* * * * *
0
6. Amend Sec. 431.92 by:
0
a. Revising the definition of ``Basic model''; and
0
b. Adding, in alphabetical order, the definitions of ``Direct
expansion-dedicated outdoor air system, or DX-DOAS,'' ``Integrated
seasonal coefficient of performance 2, or ISCOP2,'' ``Integrated
seasonal moisture removal efficiency 2, or ISMRE2,'' ``Unitary
dedicated outdoor air system, or Unitary DOAS,'' and ``Ventilation
energy recovery system, or VERS''.
The revisions and additions read as follows:
Sec. 431.92 Definitions concerning commercial air conditioners and
heat pumps.
* * * * *
Basic model includes:
(1) Computer room air conditioners means all units manufactured by
one manufacturer within a single equipment class, having the same
primary energy source (e.g., electric or gas), and which have the same
or comparably performing compressor(s), heat exchangers, and air moving
system(s) that have a common ``nominal'' cooling capacity.
(2) Direct expansion-dedicated outdoor air system means all units
manufactured by one manufacturer, having the same primary energy source
(e.g., electric or gas), within a single equipment class; with the same
or comparably performing compressor(s), heat exchangers, ventilation
energy recovery system(s) (if present), and air moving system(s) that
have a common ``nominal'' moisture removal capacity.
(3) Packaged terminal air conditioner (PTAC) or packaged terminal
heat pump (PTHP) means all units manufactured by one manufacturer
within a single equipment class, having the same primary energy source
(e.g., electric or gas), and which have the same or comparable
compressors, same or comparable heat exchangers, and same or comparable
air moving systems that have a cooling capacity within 300 Btu/h of one
another.
(4) Single package vertical units means all units manufactured by
one manufacturer within a single equipment class, having the same
primary energy source (e.g., electric or gas), and which have the same
or comparably performing compressor(s), heat exchangers, and air moving
system(s) that have a rated cooling capacity within 1500 Btu/h of one
another.
(5) Small, large, and very large aircooled or water-cooled
commercial package air conditioning and heating equipment means all
units manufactured by one manufacturer within a single equipment class,
having the same or comparably performing compressor(s), heat
exchangers, and air moving system(s) that have a common ``nominal''
cooling capacity.
(6) Small, large, and very large water source heat pump means all
units manufactured by one manufacturer within a single equipment class,
having the same primary energy source (e.g., electric or gas), and
which have the same or comparable compressors, same or comparable heat
exchangers, and same or comparable ``nominal'' capacity.
(7) Variable refrigerant flow systems means all units manufactured
by one manufacturer within a single equipment class, having the same
primary energy source (e.g., electric or gas), and which have the same
or comparably performing compressor(s) that have a common ``nominal''
cooling capacity and the same heat rejection medium (e.g., air or
water) (includes variable refrigerant flow (VRF) water source heat
pumps).
* * * * *
Direct expansion-dedicated outdoor air system, or DX-DOAS, means a
unitary dedicated outdoor air system that is capable of dehumidifying
air to a 55 [deg]F dew point--when operating under Standard Rating
Condition A as specified in Table 4 or Table 5 of AHRI 920-2020
(incorporated by reference, see Sec. 431.95) with a barometric
pressure of 29.92 in Hg--for any part of the range of airflow rates
advertised in manufacturer materials, and has a moisture removal
capacity of less than 324 lb/h.
* * * * *
Integrated seasonal coefficient of performance 2, or ISCOP2, means
a seasonal weighted-average heating efficiency for heat pump dedicated
outdoor air systems, expressed in W/W,
[[Page 72888]]
as measured according to appendix B of this subpart.
Integrated seasonal moisture removal efficiency 2, or ISMRE2, means
a seasonal weighted average dehumidification efficiency for dedicated
outdoor air systems, expressed in lbs. of moisture/kWh, as measured
according to appendix B of this subpart.
* * * * *
Unitary dedicated outdoor air system, or Unitary DOAS, means a
category of small, large, or very large commercial package air-
conditioning and heating equipment that is capable of providing
ventilation and conditioning of 100-percent outdoor air or marketed in
materials (including but not limited to, specification sheets, insert
sheets, and online materials) as having such capability.
* * * * *
Ventilation energy recovery system, or VERS, means a system that
preconditions outdoor ventilation air entering the equipment through
direct or indirect thermal and/or moisture exchange with the exhaust
air, which is defined as the building air being exhausted to the
outside from the equipment.
* * * * *
0
7. Amend Sec. 431.95 by:
0
a. Revising paragraph (a) and the introductory text to paragraph (b);
0
b. Redesignating paragraphs (b)(6) and (7) as paragraphs (b)(8) and
(9);
0
c. Adding new paragraphs (b)(6) and (7);
0
d. Revising the introductory text to paragraph (c) and paragraph
(c)(2);
0
e. Redesignating paragraphs (c)(3) and (4) as paragraphs (c)(5) and
(6); and
0
f. Adding new paragraphs (c)(3) and (4) and paragraph (c)(7).
The revisions and additions read as follows:
Sec. 431.95 Materials incorporated by reference.
(a) Certain material is incorporated by reference into this subpart
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other
than that specified in this section, DOE must publish a document in the
Federal Register and the material must be available to the public. All
approved material is available for inspection at the U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, 6th Floor, 950 L'Enfant Plaza SW, Washington, DC
20024, (202) 586-1445, [email protected] or go to: https://www.energy.gov/eere/buildings/building-technologies-office, and may be
obtained from the other sources in this section. It is also available
for inspection at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
(b) AHRI. Air-Conditioning, Heating, and Refrigeration Institute,
2311 Wilson Blvd., Suite 400, Arlington, VA 22201, (703) 524-8800, or
go to: www.ahrinet.org.
* * * * *
(6) AHRI Standard 920-2020 (I-P), (``AHRI 920-2020''), ``2020
Standard for Performance Rating of DX-Dedicated Outdoor Air System
Units,'' approved February 4, 2020, IBR approved for appendix B to this
subpart.
(7) AHRI Standard 1060-2018, (``AHRI 1060-2018''), ``2018 Standard
for Performance Rating of Air-to-Air Exchangers for Energy Recovery
Ventilation Equipment,'' approved 2018, IBR approved for appendix B to
this subpart.
* * * * *
(c) ASHRAE. American Society of Heating, Refrigerating and Air-
Conditioning Engineers, 180 Technology Parkway, Peachtree Corners,
Georgia 30092, (404) 636-8400, or go to: www.ashrae.org.
* * * * *
(2) ANSI/ASHRAE Standard 37-2009, (``ANSI/ASHRAE 37'' or ``ANSI/
ASHRAE 37-2009''), ``Methods of Testing for Rating Electrically Driven
Unitary Air-Conditioning and Heat Pump Equipment,'' ASHRAE approved
June 24, 2009, IBR approved for Sec. 431.96 and appendices A and B to
this subpart.
(3) ANSI/ASHRAE Standard 41.1- 2013, (``ANSI/ASHRAE 41.1-2013''),
``Standard Method for Temperature Measurement,'' ANSI approved January
30, 2013, IBR approved for appendix B to this subpart.
(4) ANSI/ASHRAE Standard 41.6- 2014, (``ANSI/ASHRAE 41.6-2014''),
``Standard Method for Humidity Measurement,'' ANSI approved July 3,
2014, IBR approved for appendix B to this subpart.
* * * * *
(7) ANSI/ASHRAE Standard 198- 2013, (``ANSI/ASHRAE 198-2013''),
``Method of Test for Rating DX Dedicated Outdoor Air Systems for
Moisture Removal Capacity and Moisture Removal Efficiency,'' approved
by ANSI on January 30, 2013, IBR approved for appendix B to this
subpart.
* * * * *
0
8. Amend Sec. 431.96 by:
0
a. Revising paragraph (a) and Table 1 following paragraph (b)(2); and
0
b. Designating the table in paragraph (d) as Table 2 to paragraph (d).
The revisions read as follows:
Sec. 431.96 Uniform test method for the measurement of energy
efficiency of commercial air conditioners and heat pumps.
(a) Scope. This section contains test procedures for measuring,
pursuant to EPCA, the energy efficiency of any small, large, or very
large commercial package air-conditioning and heating equipment,
packaged terminal air conditioners and packaged terminal heat pumps,
computer room air conditioners, variable refrigerant flow systems,
single package vertical air conditioners and single package vertical
heat pumps, and direct expansion-dedicated outdoor air systems.
(b) * * *
(2) * * *
Table 1 to Paragraph (b)--Test Procedures for Commercial Air Conditioners and Heat Pumps
--------------------------------------------------------------------------------------------------------------------------------------------------------
Additional test procedure
Cooling capacity or Use tests, provisions as indicated
Equipment type Category moisture removal Energy efficiency descriptor conditions, and in the listed paragraphs
capacity procedures\1\ in of this section
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small Commercial Package Air- Air-Cooled, 3- <65,000 Btu/h...... SEER and HSPF............... AHRI 210/240-2008 Paragraphs (c) and (e).
Conditioning and Heating Phase, AC and HP. (omit section 6.5).
Equipment.
Air-Cooled AC and >=65,000 Btu/h and EER, IEER, and COP.......... Appendix A to this None.
HP. <135,000 Btu/h. subpart.
Water-Cooled and <65,000 Btu/h...... EER......................... AHRI 210/240-2008 Paragraphs (c) and (e).
Evaporatively- (omit section 6.5).
Cooled AC.
[[Page 72889]]
>=65,000 Btu/h and EER......................... AHRI 340/360-2007 Paragraphs (c) and (e).
<135,000 Btu/h. (omit section 6.3).
Water-Source HP.... <135,000 Btu/h..... EER and COP................. ISO Standard 13256- Paragraph (e).
1 (1998).
Large Commercial Package Air- Air-Cooled AC and >=135,000 Btu/h and EER, IEER and COP........... Appendix A to this None.
Conditioning and Heating HP. <240,000 Btu/h. subpart.
Equipment.
Water-Cooled and >=135,000 Btu/h and EER......................... AHRI 340/360-2007 Paragraphs (c) and (e).
Evaporatively- <240,000 Btu/h. (omit section 6.3).
Cooled AC.
Very Large Commercial Package Air-Cooled AC and >=240,000 Btu/h and EER, IEER and COP........... Appendix A to this None.
Air-Conditioning and Heating HP. <760,000 Btu/h. subpart.
Equipment.
Water-Cooled and >=240,000 Btu/h and EER......................... AHRI 340/360-2007 Paragraphs (c) and (e).
Evaporatively- <760,000 Btu/h. (omit section 6.3).
Cooled AC.
Packaged Terminal Air AC and HP.......... <760,000 Btu/h..... EER and COP................. Paragraph (g) of Paragraphs (c), (e), and
Conditioners and Heat Pumps. this section. (g).
Computer Room Air Conditioners.. AC................. <65,000 Btu/h...... SCOP........................ ASHRAE 127-2007 Paragraphs (c) and (e).
(omit section
5.11).
>=65,000 Btu/h and SCOP........................ ASHRAE 127-2007 Paragraphs (c) and (e).
<760,000 Btu/h. (omit section
5.11).
Variable Refrigerant Flow Multi- AC................. <65,000 Btu/h (3- SEER........................ AHRI 1230-2010 Paragraphs (c), (d), (e),
split Systems. phase). (omit sections and (f).
5.1.2 and 6.6).
>=65,000 Btu/h and EER......................... AHRI 1230-2010 Paragraphs (c), (d), (e),
<760,000 Btu/h. (omit sections and (f).
5.1.2 and 6.6).
Variable Refrigerant Flow Multi- HP................. <65,000 Btu/h (3- SEER and HSPF............... AHRI 1230-2010 Paragraphs (c), (d), (e),
split Systems, Air-cooled. phase). (omit sections and (f).
5.1.2 and 6.6).
>=65,000 Btu/h and EER and COP................. AHRI 1230-2010 Paragraphs (c), (d), (e),
<760,000 Btu/h. (omit sections and (f).
5.1.2 and 6.6).
Variable Refrigerant Flow Multi- HP................. <760,000 Btu/h..... EER and COP................. AHRI 1230-2010 Paragraphs (c), (d), (e),
split Systems, Water-source. (omit sections and (f).
5.1.2 and 6.6).
Single Package Vertical Air AC and HP.......... <760,000 Btu/h..... EER and COP................. AHRI 390-2003 (omit Paragraphs (c) and (e).
Conditioners and Single Package section 6.4).
Vertical Heat Pumps.
Direct Expansion-Dedicated All................ <324 lbs. of ISMRE2 and ISCOP2........... Appendix B of this None.
Outdoor Air Systems. moisture removal/ subpart.
hr.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Incorporated by reference; see Sec. 431.95.
\2\ Moisture removal capacity is determined according to appendix B of this subpart.
* * * * *
0
9. Add appendix B to subpart F of part 431 to read as follows:
Appendix B to Subpart F of Part 431--Uniform Test Method for Measuring
the Energy Consumption of Direct Expansion-Dedicated Outdoor Air
Systems
Note: Beginning [date 360 days after publication of a test
procedure final rule], representations with respect to energy use or
efficiency of direct expansion-dedicated outdoor air systems must be
based on testing conducted in accordance with this appendix.
Manufacturers may elect to use this appendix early.
1. Referenced Materials
1.1 Incorporation by Reference
DOE incorporated by reference in Sec. 431.95, the entire
standard for AHRI 920-2020, AHRI 1060-2018; ANSI/ASHRAE 37-2009,
ANSI/ASHRAE 41.1-2013, ANSI/ASHRAE 41.6-2014, and ANSI/ASHRAE 198-
2013. However, only enumerated provisions of AHRI 920-2020, ANSI/
ASHRAE 37-2009, ANSI/ASHRAE 41.6-2014, and ANSI/ASHRAE 198-2013, as
set forth in paragraphs (a) through (d) of this section are
applicable. To the extent there is a conflict between the terms or
provisions of a referenced industry standard and the CFR, the CFR
provisions control.
(a) AHRI 920-2020:
(i) Section 3--Definitions, as specified in section 2.2.1(a) of
this appendix;
(ii) Section 5--Test Requirements, as specified in section
2.2.1(b) of this appendix;
(iii) Section 6--Rating Requirements, as specified in section
2.2.1(c) of this appendix, omitting section 6.1.2 (but retaining
sections 6.1.2.1-6.1.2.8) and 6.6.1;
(iv) Section 11--Symbols and Subscripts, as specified in section
2.2.1(d) of this appendix;
(v) Appendix A--References--Normative, as specified in section
2.2.1(e) of this appendix;
(vi) Appendix C--ANSI/ASHRAE Standard 198 and ANSI/ASHRAE
Standard 37 Additions, Clarifications and Exceptions--Normative, as
specified in section 2.2.1(f) of this appendix, and
(b) ANSI/ASHRAE 37-2009:
(i) Section 5.1--Temperature Measuring Instruments (excluding
sections 5.1.1 and 5.1.2), as specified in sections 2.2.1(b) and (f)
of this appendix;
(ii) Section 5.2--Refrigerant, Liquid, and Barometric Pressure
Measuring Instruments, as specified in section 2.2.1(b) of this
appendix;
(iii) Sections 5.3--Air Differential Pressure and Airflow
Measurements, as specified in section 2.2.1(b) of this appendix;
(iv) Sections 5.5(b)--Volatile Refrigerant Measurement, as
specified in section 2.2.1(b) of this appendix;
(iv) Section 6.1--Enthalpy Apparatus (excluding 6.1.1 and 6.1.3
through 6.1.6), as specified in section 2.2.1(b) of this appendix;
(v) Section 6.2--Nozzle Airflow Measuring Apparatus, as
specified in section 2.2.1(b) of this appendix;
(vi) Section 6.3--Nozzles, as specified in section 2.2.1(b) of
this appendix;
(vii) Section 6.4--External Static Pressure Measurements, as
specified in section 2.2.1(b) of this appendix;
[[Page 72890]]
(ix) Section 6.5--Recommended Practices for Static Pressure
Measurements, as specified in section 2.2.1(f) of this appendix;
(x) Section 7.3--Indoor and Outdoor Air Enthalpy Methods, as
specified in section 2.2.1(f) of this appendix;
(xi) Section 7.4--Compressor Calibration Method, as specified in
section 2.2.1(f) of this appendix;
(xii) Section 7.5--Refrigerant Enthalpy Method, as specified in
section 2.2.1(f) of this appendix;
(xiii) Section 7.6--Outdoor Liquid Coil Method, as specified in
section 2.2.1(f) of this appendix;
(xiv) Section 7.7--Airflow Rate Measurement (excluding sections
7.7.1.2, 7.7.3, and 7.7.4), as specified in section 2.2.1(b) of this
appendix;
(xv) Table 1--Applicable Test Methods, as specified in section
2.2.1(f) of this appendix;
(xvi) Section 8.6--Additional Requirements for the Outdoor Air
Enthalpy Method, as specified in section 2.2.1(f) of this appendix;
(xvii) Table 2b--Test Tolerances (I-P Units), as specified in
sections 2.2.1(c) and 2.2(f) of this appendix; and
(xviii) Errata sheet issued on October 3, 2016, as specified in
section 2.2.1(f) of this appendix.
(c) ANSI/ASHRAE 41.6-2014:
(i) Section 4--Classifications, as specified in section 2.2.1(f)
of this appendix;
(ii) Section 5--Requirements, as specified in section 2.2.1(f)
of this appendix;
(iii) Section 6--Instruments and Calibration, as specified in
section 2.2.1(f) of this appendix;
(iv) Section 7.1--Standard Method Using the Cooled-Surface
Condensation Hygrometer as specified in section 2.2.1(f) of this
appendix; and
(v) Section 7.4--Electronic and Other Humidity Instruments. as
specified in section 2.2.1(f) of this appendix.
(d) ANSI/ASHRAE 198-2013:
(i) Section 4.4--Temperature Measuring Instrument, as specified
in section 2.2.1(b) of this appendix;
(ii) Section 4.5--Electrical Instruments, as specified in
section 2.2.1(b) of this appendix;
(iii) Section 4.6--Liquid Flow Measurement, as specified in
section 2.2.1(b) of this appendix;
(iv) Section 4.7--Time and Mass Measurements, as specified in
section 2.2.1(b) of this appendix;
(iv) Section 6.1--Test Room Requirements, as specified in
section 2.2.1(b) of this appendix;
(v) Section 6.6--Unit Preparation, as specified in section
2.2.1(b) of this appendix;
(vi) Section 7.1--Preparation of the Test Room(s), as specified
in section 2.2.1(b) of this appendix;
(vii) Section 7.2--Equipment Installation, as specified in
section 2.2.1(b) of this appendix;
(ix) Section 8.2--Equilibrium, as specified in section 2.2.1(b)
of this appendix, and
(x) Section 8.4--Test Duration and Measurement Frequency, as
specified in section 2.2.1(b) of this appendix.
1.2. Informational Materials
DOE refers to the following provision of AHRI 920-2020, for
informational purposes only:
(a) Appendix E--Typical Test Unit Installations--Informative, as
specified in section 2.2.1(g) of this appendix.
(b) Reserved.
2. Test Method
2.1 Capacity
Moisture removal capacity (in pounds per hour) and supply
airflow rate (in standard cubic feet per minute) are determined
according to AHRI 920-2020 as specified in section 2.2 of this
appendix.
2.2. Efficiency
2.2.1. Determine the ISMRE2 for all DX-DOASes and the ISCOP2 for
all heat pump DX-DOASes in accordance with the following sections of
AHRI 920-2020.
(a) Section 3--Definitions, including the references to AHRI
1060-2018;
(i) Non-standard Low-static Fan Motor. A supply fan motor that
cannot maintain external static pressure as high as specified in
Table 7 of AHRI 920-2020 when operating at a manufacturer-specified
airflow rate and that is distributed in commerce as part of an
individual model within the same basic model of a DX-DOAS that is
distributed in commerce with a different motor specified for testing
that can maintain the required external static pressure.
(ii) Reserved.
(b) Section 5--Test Requirements, including the references to
Sections 5.1, 5.2, 5.3, 5.5, 6.1, 6.2, 6.3, 6.4, and 7.7 (not
including Sections 7.7.1.2, 7.7.3, and 7.7.4) of ANSI/ASHRAE 37-
2009, and Sections 4.4, 4.5, 4.6, 4.7, 5.1, 6.1, 6.6, 7.1, 7.2, 8.2,
and 8.4 of ANSI/ASHRAE 198-2013;
(i) All control settings are to remain unchanged for all
Standard Rating Conditions once system set up has been completed,
except as explicitly allowed or required by AHRI 920-2020 or as
indicated in the supplementary test instructions (STI). Component
operation shall be controlled by the unit under test once the
provisions in section 2.2.1(c) of this appendix are met.
(ii) Reserved.
(c) Section 6--Rating Requirements (omitting sections 6.1.2 and
6.6.1), including the references to Table 2b of ANSI/ASHRAE 37-2009,
and ANSI/ASHRAE 198-2013.
(i) For water-cooled DDX-DOASes, the ``Condenser Water Entering
Temperature, Cooling Tower Water'' conditions specified in Table 4
of AHRI 920-2020 shall be used. For water-source heat pump DDX-
DOASes, the ``Water-Source Heat Pumps'' conditions specified in
Table 5 of AHRI 920-2020 shall be used.
(ii) For water-cooled or water-source DX-DOASes with integral
pumps, set the external head pressure to 20 ft. of water column,
with a -0/+1 ft. condition tolerance and a 1 ft. operating
tolerance.
(iii) When using the degradation coefficient method as specified
in Section 6.9.2 of AHRI 920-2020, Equation 20 applies to DX-DOAS
without VERS, with deactivated VERS (see Section 5.4.3 of AHRI 920-
2020), or sensible-only VERS tested under Standard Rating Conditions
other than D.
(iv) Rounding requirements for representations are to be
followed as stated in Sections 6.1.2.1 through 6.1.2.8 of AHRI 920-
2020;
(d) Section 11--Symbols and Subscripts, including references to
AHRI 1060-2018;
(e) Appendix A--References--Normative;
(f) Appendix C--ANSI/ASHRAE 198-2013 and ANSI/ASHRAE 37
Additions, Clarifications and Exceptions--Normative, including
references to Sections 5.1, 6.5, 7.3, 7.4, 7.5, 7.6, 8.6, Table 1,
Table 2b, and the errata sheet of ANSI/ASHRAE 37-2009, ANSI/ASHRAE
41.1-2013, Sections 4, 5, 6, 7.1, and 7.4 of ANSI/ASHRAE 41.6-2014,
and AHRI 1060-2018;
(g) Appendix E--Typical Test Unit Installations--Informative,
for information only.
2.2.2. Set-Up and Test Provisions for Specific Components. When
testing a DX-DOAS that includes any of the features listed in Table
2.1 of this section, test in accordance with the set-up and test
provisions specified in Table 2.1.
Table 2.1--Test Provisions for Specific Components
----------------------------------------------------------------------------------------------------------------
Component Description Test provisions
----------------------------------------------------------------------------------------------------------------
Return and Exhaust Dampers......... An automatic system that enables a DX- All dampers that allow return air to
DOAS Unit to supply and use some pass into the supply airstream
return air (even if an optional VERS shall be closed and sealed. Exhaust
is not utilized) to reduce or air dampers of DOAS units with VERS
eliminate the need for mechanical shall be open. Gravity dampers
dehumidification or heating when activated by exhaust fan discharge
ventilation air requirements are airflow shall be allowed to open by
less than design. action of the exhaust airflow.
VERS Bypass Dampers................ An automatic system that enables a DX- Test with the VERS bypass dampers
DOAS Unit to let outdoor ventilation installed, closed, and sealed.
air and return air bypass the VERS However, VERS bypass dampers may be
when preconditioning of outdoor opened if necessary for testing
ventilation is not beneficial. with deactivated VERS for Standard
Rating Condition D.
Fire/Smoke/Isolation Dampers....... A damper assembly including means to The fire/smoke/isolation dampers
open and close the damper mounted at shall be removed for testing. If it
the supply or return duct opening of is not possible to remove such a
the equipment. damper, test with the damper fully
open. For any fire/smoke/isolation
dampers shipped with the unit but
not factory-installed, do not
install the dampers for testing.
[[Page 72891]]
Furnaces and Steam/Hydronic Heat Furnaces and steam/hydronic heat Test with the coils in place but
Coils. coils used to provide primary or providing no heat.
supplementary heating.
Power Correction Capacitors........ A capacitor that increases the power Remove power correction capacitors
factor measured at the line for testing.
connection to the equipment. These
devices are a requirement of the
power distribution system supplying
the unit.
Hail Guards........................ A grille or similar structure mounted Remove hail guards for testing.
to the outside of the unit covering
the outdoor coil to protect the coil
from hail, flying debris and damage
from large objects.
Ducted Condenser Fans.............. A condenser fan/motor assembly Test with the ducted condenser fan
designed for optional external installed and operating using zero
ducting of condenser air that external static pressure, unless
provides greater pressure rise and the manufacturer specifies use of
has a higher rated motor horsepower an external static pressure
than the condenser fan provided as a greater. than zero, in which case,
standard component with the use the manufacturer-specified
equipment. external static pressure.
Sound Traps/Sound Attenuators...... An assembly of structures through Removable sound traps/sound
which the Supply Air passes before attenuators shall be removed for
leaving the equipment or through testing. Otherwise, test with sound
which the return air from the traps/attenuators in place.
building passes immediately after
entering the equipment for which the
sound insertion loss is at least 6
dB for the 125 Hz octave band
frequency range.
Humidifiers........................ A device placed in the supply air Remove humidifiers for testing.
stream for moisture evaporation and
distribution. The device may require
building steam or water, hot water,
electric or gas to operate.
UV Lights.......................... A lighting fixture and lamp mounted Remove UV lights for testing.
so that it shines light on the
conditioning coil, that emits
ultraviolet light to inhibit growth
of organisms on the conditioning
coil surfaces, the condensate drip
pan, and/other locations within the
equipment.
High-Effectiveness Indoor Air Indoor air filters with greater air Test with a MERV 8 filter or the
Filtration. filtration effectiveness than MERV 8 lowest MERV filter distributed in
or the lowest MERV filter commerce, whichever is greater.
distributed in commerce, whichever
is greater.
----------------------------------------------------------------------------------------------------------------
2.2.3. Optional Representations. Test provisions for the
determination of the metrics indicated in paragraphs (a) through (d)
of this section are optional and are determined according to the
applicable provisions in section 2.2.1 of this appendix. For water-
cooled DX-DOASes, these optional representations may be determined
using either the ``Condenser Water Entering Temperature, Cooling
Tower'' or the ``Condenser Water Entering Temperature, Chilled
Water'' conditions specified in Table 4 of AHRI 920-2020. For water-
source heat pump DX-DOASes, these optional representations may be
determined using either the ``Water-Source Heat Pumps'' or ``Water-
Source Heat Pump, Ground-Source Closed Loop'' conditions specified
in Table 5 of AHRI 920-2020. The following metrics in AHRI 920-2020
are optional:
(a) ISMRE70;
(b) COPFull,x:
(c) COPDOAS,x: and
(d) ISMRE2 and ISCOP2 for water-cooled DX-DOASes using the
``Condenser Water Entering Temperature, Chilled Water'' conditions
specified in Table 4 of AHRI 920-2020 and for water-source heat pump
DX-DOASes using the ``Water-Source Heat Pump, Ground-Source Closed
Loop'' conditions specified in Table 5 of AHRI 920-2020.
2.3 Synonymous Terms
(a) Any references to energy recovery or energy recovery
ventilator (ERV) in AHRI 920-2020 and ANSI/ASHRAE 198-2013 shall be
considered synonymous with ventilation energy recovery system (VERS)
as defined in Sec. 431.92.
(b) Reserved.
[FR Doc. 2021-27460 Filed 12-22-21; 8:45 am]
BILLING CODE 6450-01-P
