Energy Conservation Program: Notification of Petition for Waiver of Johnson Controls Inc. From the Department of Energy Central Air Conditioners and Heat Pumps Test Procedure and Notification of Grant of Interim Waiver, 72449-72461 [2023-23205]

Download as PDF Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 Title of Collection: Full-Service Community Schools Annual Performance Report. OMB Control Number: 1810–NEW. Type of Review: A new ICR. Respondents/Affected Public: State, Local, and Tribal Governments. Total Estimated Number of Annual Responses: 100. Total Estimated Number of Annual Burden Hours: 900. Abstract: The collection of this information is part of the governmentwide effort to improve the performance and accountability of all federal programs, under 34 CFR 75.210, the Uniform Guidance, and the Education Department General Administrative Regulations (EDGAR). The U.S. Department of Education (ED) developed performance measures at every program level to quantify and report program progress required by the Elementary and Secondary Education Act of 1965 (ESEA), as amended. Under the Uniform Guidance and EDGAR, recipients of federal awards are required to submit performance and financial expenditure information. The programlevel performance measure (established under Section 4625(4)(C) of the Elementary and Secondary Education Act of 1965, as amended), the 13 additional program indicators (established through a Notice of Final Priorities, Requirements, Definitions, and Selection Criteria (NFP) published in the Federal Register on July 13, 2022 87 FR 41675)), and budget information for the Full-Service Community Schools (FSCS) Program are reported in the Annual Performance Report (APR). The APR is required under 2 CFR 200.328 and 34 CFR 75.118 and 75.590. It provides data on the status of funded projects that correspond to the scope and objectives established in the approved applications and any amendments. To ensure that accurate and reliable data are reported to Congress on program implementation and performance outcomes, the FSCS APR collects data from grantees in a consistent format to calculate these data in the aggregate. Dated: October 17, 2023. Kun Mullan, PRA Coordinator, Strategic Collections and Clearance, Governance and Strategy Division, Office of Chief Data Officer, Office of Planning, Evaluation and Policy Development. [FR Doc. 2023–23271 Filed 10–19–23; 8:45 am] BILLING CODE 4000–01–P VerDate Sep<11>2014 18:20 Oct 19, 2023 Jkt 262001 DEPARTMENT OF ENERGY [Case Number 2023–005; EERE–2023–BT– WAV–0018] Energy Conservation Program: Notification of Petition for Waiver of Johnson Controls Inc. From the Department of Energy Central Air Conditioners and Heat Pumps Test Procedure and Notification of Grant of Interim Waiver Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notification of petition for waiver and grant of an interim waiver; request for comments. AGENCY: This notification announces receipt of and publishes a petition for waiver and interim waiver from Johnson Controls Inc. (‘‘JCI’’), which seeks a waiver for specified basic models of central air conditioners (‘‘CACs’’) and central air conditioning heat pumps (‘‘HPs’’) (collectively, ‘‘CAC/HPs’’) from the U.S. Department of Energy (‘‘DOE’’) test procedure used for determining the efficiency of CAC/HPs. According to JCI, testing its CAC/HP basic models that use variable-speed, oil-injected scroll compressors with only a 20-hour breakin period produces results unrepresentative of their true energy consumption characteristics, and would provide materially inaccurate comparative data. JCI requested that in lieu of the 20-hour break-in limit, it be permitted to test the specified CAC/HP basic models with a 72-hour break-in period. DOE also gives notification of an Interim Waiver Order that requires JCI to test and rate the specified CAC/HP basic models in accordance with the alternate test procedure set forth in the Interim Waiver Order. DOE solicits comments, data, and information concerning JCI’s petition and its suggested alternate test procedure so as to inform DOE’s final decision on JCI’s waiver request. DATES: Written comments and information are requested and will be accepted on or before November 20, 2023. SUMMARY: Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at www.regulations.gov under docket number EERE–2023–BT–WAV–0018. Follow the instructions for submitting comments. Alternatively, interested persons may submit comments, identified by docket number EERE– 2023–BT–WAV–0018, by any of the following methods: ADDRESSES: PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 72449 (1) Email: JohnsonControls CACHP2023WAV0018@ee.doe.gov. Include the case number [Case No. 2023–005] in the subject line of the message. (2) Postal Mail: Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, Mailstop EE–5B, Petition for Waiver [Case No. 2023–005], 1000 Independence Avenue SW, Washington, DC 20585–0121. If possible, please submit all items on a compact disc (‘‘CD’’), in which case it is not necessary to include printed copies. (3) Hand Delivery/Courier: Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, 950 L’Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202) 287–1445. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies. No telefacsimiles (‘‘faxes’’) will be accepted. For detailed instructions on submitting comments and additional information on this process, see the SUPPLEMENTARY INFORMATION section of this document. Docket: The docket for this activity, which includes Federal Register notices, public meeting attendee lists and transcripts (if a public meeting is held), 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, not all documents listed in the index may be publicly available, such as information that is exempt from public disclosure. The docket web page can be found at www.regulations.gov/docket/EERE2023-BT-WAV-0018. The docket web page contains instructions on how to access all documents, including public comments, in the docket. See below for information on how to submit comments through www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Ms. Julia Hegarty, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, Mailstop EE–5B, 1000 Independence Avenue SW, Washington, DC 20585–0121. Telephone: (240) 597–6737 Email: AS_ Waiver_Request@ee.doe.gov. Mr. Peter Cochran, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC–33, Forrestal Building, 1000 Independence Avenue SW, Washington, DC 20585–0103. Telephone: (202) 586–9496. Email: Peter.Cochran@hq.doe.gov. E:\FR\FM\20OCN1.SGM 20OCN1 72450 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices DOE is publishing JCI’s petition for waiver in its entirety, pursuant to 10 CFR 430.27(b)(1)(iv).1 DOE is also publishing the Interim Waiver Order granted to JCI, which serves as notification of DOE’s determination regarding JCI’s petition for an interim waiver, pursuant to 10 CFR 430.27(e)(3). DOE invites all interested parties to submit in writing by November 20, 2023, comments and information on all aspects of the petition, including the alternate test procedure. Pursuant to 10 CFR 430.27(d), any person submitting written comments to DOE must also send a copy of such comments to the petitioner. The contact information for the petitioner is Chris Forth, chris.m.forth@jci.com, Johnson Controls Inc., 3110 N Mead St. Wichita, KS 67219. 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. If this instruction is followed, 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 ddrumheller on DSK120RN23PROD with NOTICES1 SUPPLEMENTARY INFORMATION: 1 The petition did not identify any of the information contained therein as confidential business information. VerDate Sep<11>2014 18:20 Oct 19, 2023 Jkt 262001 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, hand delivery/courier, or postal mail. Comments and documents submitted via email, hand delivery/courier, or postal mail 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 on a cover letter. Include your first and last names, email address, telephone number, and optional mailing address. The cover letter will not be publicly viewable as long as it does not include any comments. Include contact information each time you submit comments, data, documents, and other information to DOE. If you submit via postal mail or hand delivery/ courier, please provide all items on a CD, if feasible, in which case it is not necessary to submit printed copies. Faxes will not be accepted. Comments, data, and other information submitted to DOE electronically should be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format. Provide documents that are not secured, written in English and free of any defects or viruses. Documents should not contain special characters or any form of encryption and, if possible, they should carry the electronic signature of the author. Campaign form letters. Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters’ names compiled into one or more PDFs. This reduces comment processing and posting time. Confidential Business Information. According to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit via email two wellmarked copies: one copy of the document marked confidential PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 including all the information believed to be confidential, and one copy of the document marked ‘‘non-confidential’’ with the information believed to be confidential deleted. Submit these documents via email. 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). Case Number 2023–005 Interim Waiver Order I. Authority and Background The Energy Policy and Conservation Act, as amended (‘‘EPCA’’),2 authorizes the U.S. Department of Energy (‘‘DOE’’) to regulate the energy efficiency of a number of consumer products and certain industrial equipment. (42 U.S.C. 6291–6317) Title III, Part B of EPCA 3 established the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth a variety of provisions designed to improve energy efficiency for certain types of consumer products. These products include CAC/HPs, the subject of this document. (42 U.S.C. 6292(a)(3)) The energy conservation program under EPCA consists essentially of four parts: (1) testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. Relevant provisions of EPCA include definitions (42 U.S.C. 6291), test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), energy conservation standards (42 U.S.C. 6295), and the authority to require information and reports from manufacturers (42 U.S.C. 6296). The Federal testing requirements consist of test procedures that manufacturers of covered products must use as the basis for: (1) certifying to DOE that their products comply with the applicable energy conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), and (2) making representations about the efficiency of that product (42 U.S.C. 6293(c)). Similarly, DOE must use these test procedures to determine whether the 2 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), which reflect the last statutory amendments that impact Parts A and A–1 of EPCA. 3 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated as Part A. E:\FR\FM\20OCN1.SGM 20OCN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices product complies with relevant standards promulgated under EPCA. (42 U.S.C. 6295(s)) Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures DOE is required to 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 reflect the energy efficiency, energy use or estimated annual operating cost of a covered product during a representative average use cycle or period of use and requires that test procedures not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure for CAC/HPs is contained in the Code of Federal Regulations (‘‘CFR’’) at 10 CFR part 430, subpart B, appendix M1, Uniform Test Method for Measuring the Energy Consumption of Central Air Conditioners and Heat Pumps (‘‘appendix M1’’). Under 10 CFR 430.27, any interested person may submit a petition for waiver from DOE’s test procedure requirements. DOE will grant a waiver from the test procedure requirements if DOE determines either that the basic model for which the waiver was requested contains a design characteristic that prevents testing of the basic model according to the prescribed test procedures, or that the prescribed test procedures evaluate the basic model in a manner so unrepresentative of its true energy consumption characteristics as to provide materially inaccurate comparative data. 10 CFR 430.27(f)(2). A petitioner must include in its petition any alternate test procedures known to the petitioner to evaluate the performance of the product type in a manner representative of the energy consumption characteristics of the basic model. 10 CFR 430.27(b)(1)(iii). DOE may grant the waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 430.27(f)(2). As soon as practicable after the granting of any waiver, DOE will publish in the Federal Register a notice of proposed rulemaking to amend its regulations so as to eliminate any need for the continuation of such waiver. 10 CFR 430.27(l) As soon thereafter as practicable, DOE will publish in the Federal Register a final rule to that effect. Id. The waiver process also provides that DOE may grant an interim waiver if it appears likely that the underlying petition for waiver will be granted and/ or if DOE determines that it would be desirable for public policy reasons to grant immediate relief pending a VerDate Sep<11>2014 18:20 Oct 19, 2023 Jkt 262001 determination on the underlying petition for waiver. 10 CFR 430.27(e)(3). Within one year of issuance of an interim waiver, DOE will either: (i) publish in the Federal Register a determination on the petition for waiver; or (ii) publish in the Federal Register a new or amended test procedure that addresses the issues presented in the waiver. 10 CFR 430.27(h)(1). If the interim waiver test procedure methodology is different than the decision and order test procedure methodology, certification reports to DOE required under 10 CFR 429.12 and any representations must be based on either of the two methodologies until 180 days after the publication date of the decision and order. Thereafter, certification reports and any representations must be based on the decision and order test procedure methodology, unless otherwise specified by DOE. 10 CFR 430.27(i)(1). When DOE amends the test procedure to address the issues presented in a waiver, the waiver or interim waiver will automatically terminate on the date on which use of that test procedure is required to demonstrate compliance. 10 CFR 429.27(h)(3). II. JCI’s Petition for Waiver and Interim Waiver On July 12, 2023, DOE received from JCI a petition for waiver and interim waiver from the test procedure for CAC/ HPs set forth at 10 CFR part 430, subpart B, appendix M1.4 (JCI, No. 1 at pp. 1– 10) 5 Pursuant to 10 CFR 430.27(e)(1), DOE posted the petition on the DOE website at: www.energy.gov/eere/ buildings/current-test-procedurewaivers. The petition did not identify any of the information contained therein as confidential business information. According to JCI, testing its CAC/HP basic models that use variable-speed, oil-injected scroll compressors (‘‘VSS systems’’) with only a 20-hour break-in period produces results unrepresentative of their true energy consumption characteristics, and would provide materially inaccurate comparative data. (JCI, No. 1 at p. 1) JCI requested that in lieu of the 20-hour break-in limit, it be permitted to test its 4 The specific basic models identified by JCI can be found in the docket at www.regulations.gov/ docket/EERE-2023-BT-WAV-0018 and is provided at the end of this document. 5 A notation in this form provides a reference for information that is in the docket for this test procedure waiver (Docket No. EERE–EERE–2023– BT–WAV–0018) (available at www.regulations.gov/ document/EERE-2023-BT-WAV-0018-0001). This notation indicates that the statement preceding the reference is document number 1 in the docket and appears at pages 1–10 of that document. PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 72451 VSS systems with a 72-hour break-in period. Id. Consequently, JCI seeks to use an alternate test procedure to test and rate specific CAC/HP basic models, which increases the break-in time limit stipulated in section 3.1.7 of appendix M1. Id. On March 23, 2018, DOE granted JCI a waiver from DOE’s then effective CAC/HP test procedure 6 for these same basic models of VSS systems, permitting them to test with a 72-hour break-in period. 83 FR 12735. DOE notes that the alternative test procedure requested by JCI in this waiver petition for appendix M1 is identical to the alternative test procedure included in the waiver it previously obtained under appendix M. JCI also requested an interim waiver from the existing DOE test procedure, noting that DOE previously granted JCI an interim waiver under appendix M regarding the allowable break-in period for these same models in 2017.7 (JCI, No. 1 at pp. 7–8) Absent an interim waiver, JCI asserted that its VSS systems will continue to be at a competitive disadvantage on the market and consumers will continue to be exposed to materially inaccurate information about the energy consumption characteristics of its VSS systems. Id. As the circumstances surrounding JCI’s request for an interim waiver and the products and models subject to the waiver have not changed, JCI asserted that an identical interim waiver is warranted. Id. DOE will grant an interim waiver if it appears likely that the petition for waiver will be granted, and/ or if DOE determines that it would be desirable for public policy reasons to grant immediate relief pending a determination of the petition for waiver. 10 CFR 430.27(e)(3). III. Requested Alternate Test Procedure EPCA requires that manufacturers use DOE test procedures when making representations about the energy consumption and energy consumption costs of covered products. (42 U.S.C. 6293(c)) Consistency is important when making representations about the energy efficiency of covered products, including when demonstrating compliance with applicable DOE energy conservation standards. Pursuant to 10 CFR 430.27, and after consideration of public comments on the petition, DOE 6 On January 1, 2023, use of appendix M1 became required for any representations—including compliance certifications—made with respect to the energy use, power, or efficiency of CAC/HPs. Prior to January 1, 2023, such representations were required to be based on the test procedure at appendix M to subpart B of 10 CFR part 430. 7 See 82 FR 43952 for DOE’s notification of petition and grant of interim waiver published on September 20, 2017. E:\FR\FM\20OCN1.SGM 20OCN1 72452 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices may establish in a subsequent Decision and Order an alternate test procedure for the basic models addressed by the Interim Waiver Order. JCI seeks to use an alternate test procedure to test and rate specific CAC/ HP basic models of VSS systems consistent with the waiver it previously obtained for these same basic models under appendix M.8 (JCI, No. 1 at pp. 6– 7) In its petition, JCI proposed to test and rate its specified basic models according to the test procedure prescribed by DOE at 10 CFR part 430, subpart B, appendix M1, except that the 20-hour break-in period maximum in section 3.1.7 of appendix M1 be replaced with a 72-hour maximum. Id. Under JCI’s proposed alternative test procedure, the following language would be used instead of section 3.1.7 of appendix M1: 3.1.7 Test Sequence Manufacturers may optionally operate the equipment under test for a ‘‘breakin’’ period, not to exceed 72 hours, prior to conducting the test method specified in this section. A manufacturer who elects to use this optional compressor break-in period in its certification testing should record this information (including the duration) in the test data underlying the certified ratings that are required to be maintained under 10 CFR 429.71. When testing a ducted unit (except if a heating-only heat pump), conduct the A or A2 Test first to establish the cooling full-load air volume rate. For ducted heat pumps where the heating and cooling full-load air volume rates are different, make the first heating mode test one that requires the heating full-load air volume rate. For ducted heating-only heat pumps, conduct the H1 or H12 Test first to establish the heating full-load air volume rate. When conducting a cyclic test, always conduct it immediately after the steady-state test that requires the same test conditions. For variable-speed systems, the first test using the cooling minimum air volume rate should precede the Ev Test, and the first test using the heating minimum air volume rate must precede the H2v Test. The test laboratory makes all other decisions on the test sequence. IV. Interim Waiver Order DOE has reviewed JCI’s application for an interim waiver, the alternate test procedure requested by JCI, and the test data provided by JCI. DOE tentatively agrees that the circumstances surrounding JCI’s request for an interim waiver and the products and models subject to the waiver have not changed since the granting of a similar waiver for testing to appendix M. Specifically, DOE has tentatively determined that the test data provided by JCI demonstrates that the specified VSS system models that are the subject of the waiver have compressors that may require more than the 20 hours of break-in time allowed by appendix M1. The oil injected into the oil-injected scroll compressors increases the coverage of the viscous oil layer between mating surfaces of the scroll. This is presumably its purpose, i.e., to York Air Conditioners ....................................................................................... ddrumheller on DSK120RN23PROD with NOTICES1 Heat Pumps ............................................................................................. (2) The alternate test procedure for the JCI basic models identified in paragraph (1) of this Interim Waiver Order is the test procedure for CAC/HPs prescribed by DOE at 10 CFR 430, subpart B, appendix M1 except that the maximum duration of the break-in period is increased from 20 hours to 72 hours, as detailed below. All other requirements of appendix M1 and DOE’s regulations remain applicable. 8 See YXV24B21 YXV36B21 YXV48B21 YXV60B21 YZV24B21 YZV36B21 YZV48B21 YZV60B21 provide additional sealing in the gaps of the mating surfaces to improve compressor volumetric efficiency (relationship between displacement rate and volume flow rate of refrigerant drawn into the compressor). By enhancing this oil layer, the direct contact between irregularities in the surfaces may also be reduced, which would slow the wearing process that smooths out these irregularities, which is the break-in process. For this reason, oil injected compressors are expected to require additional break-in time. DOE understands that absent a waiver, JCI’s products cannot be tested and rated for energy consumption on a basis representative of their true energy consumption characteristics. DOE has initially determined that the alternate test procedure appears to allow for the accurate measurement of the energy efficiency of the specified basic models, while alleviating the testing problems cited by JCI in implementing the DOE test procedure for these basic models. Consequently, DOE has determined that JCI’s petition for waiver likely will be granted. Furthermore, DOE has determined that it is desirable for public policy reasons to grant JCI immediate relief pending a determination of the petition for waiver. For the reasons stated, it is ordered that: (1) JCI must test and rate the following CAC/HP basic models that use certain variable-speed, oil-injected scroll compressors with the alternate test procedure set forth in paragraph (2). Coleman Luxaire FraserJohnston Champion AC21B2421 AC21B3621 AC21B4821 AC21B6021 HC20B2421 HC20B3621 HC20B4821 HC20B6021 AL21B2421 AL21B3621 AL21B4821 AL21B6021 HL20B2421 HL20B3621 HL20B4821 HL20B6021 AL21B2421 AL21B3621 AL21B4821 AL21B6021 HL20B2421 HL20B3621 HL20B4821 HL20B6021 AL21B2421 AL21B3621 AL21B4821 AL21B6021 HL20B2421 HL20B3621 HL20B4821 HL20B6021 In 3.1.7, Test Sequence, test using these instructions: Manufacturers may optionally operate the equipment under test for a ‘‘breakin’’ period, not to exceed 72 hours, prior to conducting the test method specified in this section. A manufacturer who elects to use this optional compressor break-in period in its certification testing should record this information (including the duration) in the test data underlying the certified ratings that are required to be maintained under 10 CFR 429.71. When testing a ducted unit (except if a heating-only heat pump), conduct the A or A2 Test first to establish the cooling full-load air volume rate. For ducted heat pumps where the heating and cooling full-load air volume rates are different, make the first heating mode test one that requires the heating full-load air volume rate. For ducted heating-only heat pumps, conduct the H1 or H12 Test first to 83 FR 12735. VerDate Sep<11>2014 18:20 Oct 19, 2023 Jkt 262001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM 20OCN1 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 establish the heating full-load air volume rate. When conducting a cyclic test, always conduct it immediately after the steady-state test that requires the same test conditions. For variable-speed systems, the first test using the cooling minimum air volume rate should precede the Ev Test, and the first test using the heating minimum air volume rate must precede the H2v Test. The test laboratory makes all other decisions on the test sequence. (3) Representations. JCI may not make representations about the efficiency of a basic model listed in paragraph (1) of this Interim Waiver Order for compliance, marketing, or other purposes unless that basic model has been tested in accordance with the provisions set forth in this alternate test procedure and such representations fairly disclose the results of such testing. (4) This Interim Waiver Order shall remain in effect according to the provisions of 10 CFR 430.27. (5) This Interim Waiver Order is issued on the condition that the statements, representations, test data, and documentary materials provided by JCI are valid. If JCI makes any modifications to the controls or configurations of a basic model subject to this Interim Waiver Order, such modifications will render the waiver VerDate Sep<11>2014 18:20 Oct 19, 2023 Jkt 262001 invalid with respect to that basic model, and JCI will either be required to use the current Federal test method or submit a new application for a test procedure waiver. DOE may rescind or modify this waiver at any time if it determines the factual basis underlying the petition for the Interim Waiver Order is incorrect, or the results from the alternate test procedure are unrepresentative of the basic model’s true energy consumption characteristics. 10 CFR 430.27(k)(1). Likewise, JCI may request that DOE rescind or modify the Interim Waiver Order if JCI discovers an error in the information provided to DOE as part of its petition, determines that the interim waiver is no longer needed, or for other appropriate reasons. 10 CFR 430.27(k)(2). (6) Issuance of this Interim Waiver Order does not release JCI from the applicable requirements set forth at 10 CFR part 429. DOE makes decisions on waivers and interim waivers for only those basic models specifically set out in the petition, not future models that may be manufactured by the petitioner. JCI may submit a new or amended petition for waiver and request for grant of interim waiver, as appropriate, for additional basic models of CAC/HPs. Alternatively, if appropriate, JCI may request that DOE PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 72453 extend the scope of a waiver or an interim waiver to include additional basic models employing the same technology as the basic model(s) set forth in the original petition consistent with 10 CFR 430.27(g). Signing Authority This document of the Department of Energy was signed on October 16, 2023 by Jeffrey Marootian, 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 October 17, 2023. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. BILLING CODE 6450–01–P E:\FR\FM\20OCN1.SGM 20OCN1 72454 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices Johnson Controls, Inc. 311 ON. Mead St. Wichita, KS 67219 Tel 316-239-2925 Fax 316-832-6598 Johnson Controls July 7, 2023 VIA E-MAIL: AS_Waiver_Requests@ee.doe.gov Mr. Lucas Adin (cc. Ashley Armstrong) 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 RE: Petition for Waiver and Interim Waiver of20 Hour Break-In Period Limit for Ce1·tain JCI Central Air Conditioners and Heat Pumps with Variable Speed Compressors Dear Mr. Adin: Pursuant to 10 C.F.R. § 430.27, Johnson Controls, Inc. (JCI) respectfully submits this petition for waiver, and request for interim waiver, of the requirement in Section 3. 1. 7 of the test procedure for central air conditioners (CAC) and heat pumps (HP) found at Appendix Ml to Subpart B of 10 C.F.R. Part 430 that limits an optional compressor "break-in" period to a maximum of 20 hours before testing under Appendix Ml (the "20 Hour Break-In Limit"). Specifically, JCT seeks waiver of the 20 Hour Break-In Limit for its CACs and HPs with variable speed systems that use oil-injected scroll compressors (VSS systems), because testing these systems with only a 20-hour break-in period produces results unrepresentative of their true energy consumption characteristics, and would provide materially inaccurate comparative data. 1 JCI requests that in lieu of the 20 Hour Break-In Limit, it be permitted to test its VSS systems with a 72-hour break-in period. In 2018, JCI obtained a waiver from the U.S. Department of Energy (DOE) from the break-in period limit of the then operative test procedure, which was found in Appendix M to Subpart B of 10 C.F.R. Part 430 for its CACs and HPs that use VSS systems.2 Under the granted waiver, JCI was permitted to test its VSS systems with a 72-hour break-in period. As DOE is aware, while Appendix Ml replaced Appendix M effective January 1, 2023, Section 3.1.7 of the new test procedure remains unchanged. JCI also continues to manufacture and market the same types of CACs and HPs with VSS systems for which JCI previously obtained the waiver. For these reasons, JCI now seeks an identical waiver under Appendix Ml as the one it obtained under Appendix M. JCI also seeks an identical interim waiver under Appendix Ml as the one it obtained under Appendix M. Johnson Controls, Inc. is a diversified equipment and technology company with its operational headquarters in Milwaukee, Wisconsin and approximately 105,000 employees located around the globe. Our employees provide intelligent buildings, energy efficient solutions and 1 2 VerDate Sep<11>2014 Section 3.1.7 of Appendix Ml to Subpart B of 10 C.F.R. Part 430. 83 FR 12735. 18:20 Oct 19, 2023 Jkt 262001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4725 E:\FR\FM\20OCN1.SGM 20OCN1 EN20OC23.038</GPH> ddrumheller on DSK120RN23PROD with NOTICES1 I. Johnson Controls, Inc. Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 72455 integrated infrastructure to optimize energy efficiency and to create the smart buildings and communities of the future. Through its Residential & Light Commercial and Ducted Systems division, JCI manufactures and sells CAC and HP systems for residential use, including high efficiency variable speed systems. These products are manufactured in the United States, in Wichita, Kansas. II. Background A "break-in" period contemplates the running of equipment for a period of time before beginning ofan efficiency test. 3 DOE has found that a "break-in period is particularly important for scroll compressors, which may be less efficient when first started and may require time to warm up to achieve optimal performance. Once the compressor is broken in, the performance should be more representative of the actual field performance."4 Break-in allows "mating" parts to wear against each other, which results in reduced friction and leakage. Until this initial wear has occurred, the moving parts in the compressor generate greater friction when they contact each other, which decreases efficiency, and the seals between chambers that compress or expand the refrigerant may have greater leakage between the chambers, which reduces efficiency. Oil injection technology improves system efficiency, but the oil in the scroll elements prolongs the time required for this initial wear, which is needed to achieve nominal efficiency. Section 3.1.7 of Appendix Ml to 10 C.F.R. Part 430, Subpart B provides that the "break-in" period for operated equipment may not exceed 20 hours. III. Basic Models for Which Waiver Is Requested JCI requests a waiver from the 20 Hour Break-In Limit for its split-system CAC and HP basic models that use variable speed scroll compressors with an oil-injection system. Specifically, JCI requests waiver for the same models for which it previously requested a waiver, which are listed in Exhibit A. The variable speed scroll compressors used in these systems are optimized for highefficiency residential air conditioner and heat pump systems in the 2-ton to 5-ton range. IV. Grounds for Test Procedure Waiver JCT requests a waiver on the same grounds that it previously requested a waiver because the circumstances under which DOE granted the previous waiver have not changed. Specifically, JCI requests a waiver for the same products and models that were the subject of the previous waiver, the language in Section 3.1. 7 of Appendix Ml to 10 CFR Part 430, Subpart B has not changed from Appendix M to Appendix Ml, and JCI has the same reasons and need for this waiver as it did in the previous waiver. While other aspects of the test method have changed, none of those changes alter the amount of time required to break-in the compressor and deliver the performance customers would expect to see in the long term. For these reasons, JCI is relying on the same grounds (and the same testing data) as it did for its previously granted waiver, which are reproduced below: *** 3 Energy Conservation Standards and Test Procedures for Commercial Heating, Air-Conditioning, and WaterHeating Equipment, Proposed Rule, 77 FR 2355, 2374 (Jan. 17, 2012). 4 id. VerDate Sep<11>2014 18:20 Oct 19, 2023 Jkt 262001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4725 E:\FR\FM\20OCN1.SGM 20OCN1 EN20OC23.039</GPH> ddrumheller on DSK120RN23PROD with NOTICES1 DOE's regulations provide for granting of a test procedure waiver where testing of a basic model under the prescribed test procedures would "evaluate the basic model in a manner so 72456 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices unrepresentative of its true energy ... consumption characteristics as to provide materially inaccurate comparative data." 5 JCI seeks a waiver from the 20 Hour Break-In Limit for its VSS systems because limiting the optional break-in period to 20 hours results in testing that provides materially inaccurate data unrepresentative of the true energy efficiency characteristics of these systems. JCI's VSS systems require significantly more than 20 hours of break-in to reach design efficiency, which is the level of efficiency that is representative of system performance over the lifetime of the VSS system, and would be more appropriately tested with a break-in period of 72 hours. DOE established the 20 hour Break-in Limit to reduce test variability, 6 but because variable speed compressors with oil injection do not completely wear in within 20 hours, performance variability for VSS systems actually increases when break-in is limited to 20 hours. As explained below, JCI conducted testing demonstrating that a 20-hour break-in period does not allow for sufficient break-in for its VSS systems to reach representative efficiency, but that a 72-hour break-in period does. JCI conducted baseline VSS system performance tests under Appendix M after 20 hours of break-in - the maximum permitted under Appendix Ml. 7 JCI then ran the same performance tests on the same units after longer break-in periods, of 44, 68, and 92 hours. JCI's testing shows that for the tested products, measured efficiency increased significantly with break-in periods longer than 20 hours. As is shown in the following sections, the Ev, Bl, and Fl tests show substantial gains in efficiency with longer break-in periods. Table 1 below shows testing data for a 3-ton air conditioning unit with a variable speed scroll compressor with oil injection tested after 20 hours of break-in. The unit was started at A2 conditions and instrumentation was verified before starting the A2 test with 20 hours of accumulated compressor run time. Completion of the A2 test was followed by the B2, Bl, Ev, and Fl tests. JCT then operated the test system for an additional 24 hours, for a total compressor run time of 44 hours, to determine if an increased break-in period improved performance. The results in Table 1 show the calculated SEER2 improved by 0.4 with this additional 24 hour period of break in. The most substantial gain was found in the EV and Fl tests. Table.1: 3-ton AC Sys.tent Toting. ffilh 20 Hour Brealr,-ln and 44 Hour Break-in Calorimeter 20. Hr 11rea1c~1n Comoressor ID lrn:reased Break-tn Run "'24 Hours Test caoadty Watts EER2 Static IO Watts A2 35103 2178 12,6 1200 0.58 380 82 37434 19223 2425 1078 81 10366 521 Fl 11179 329 SEER2 15.4 17.8 19.9 34;0 380 Ev .. CFM 1200 0.58 670 0.16 440 0;26 440 0,24 7S 32 32 ID Watts EER2 .CFM A2 82 Ev 81 35103 2735 37136 2402 19162 ..1040 533 10325 14.0 1200 0.58 1200 0.58 670 0.16 F1 11215 Test caoae1tv 19,2 308 17.1 18.6 18.8 34.3 SE£R2 19,6 .. static ID Watts 380 380 75 440 0.26 32 440 0,24 32 10 C.F.R. § 430.27(a)(l). Final Rule at 1445 ("[T]he establishment of the 20-hour limit is to maintain test repeatability among labs regardless of who conducts the test.") 7 These test results are representative of the break-in characteristics of all models for which JCI seeks waiver herein. 5 6 VerDate Sep<11>2014 18:20 Oct 19, 2023 Jkt 262001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4725 E:\FR\FM\20OCN1.SGM 20OCN1 EN20OC23.040</GPH> ddrumheller on DSK120RN23PROD with NOTICES1 JCI then operated the test system for two more 24-hour break-in periods and collected system performance data after each break-in period. A second system was also installed into a psychrometric test cell and tested after the same intervals of compressor run time. As shown in Table 2, the performance data from both samples shows improvement after the first two additional 24-hour breakin periods, tapering off in the third 24-hour break-in period. With an additional 48 hours of break-in, there is an average of 8.5% improvement in SEER2 across both tests. Sample 1 improved from a 72457 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices SEER2 of 19.16 to 20.10 and sample 2 improved from a SEER2 of 18.44 to 20.81. This average gain of more than 1. 0 SEER2 is significant in the current marketplace. Table 2: 3-ton AC~)1stem Pe,formance nilth Increasing Break-in Periods Test A2 B2 Ev Bl Fl SEER2 20H1· 12.64 15.44 17.83 19.89 34.00 19.16 Samnle 1 44H1· 12.83 15.46 18.43 19.37 36.47 19.56 68Hr 92Hr 12.80 15.54 18.45 21.70 36.95 20.10 12.91 15.65 19.97 21.84 .38.00 21.24 Test A2 B2 Ev Bl Fl SEER2 2011r 12.70 15.51 19.81 22.96 39.63 18.44 Samule 2 68111· 44Hr 12.80 12.68 15.56 15.38 18.77 19.39 22.40 22.40 38.51 38.38 20.54 20.81 92H1· 12.74 15.55 19.51 22.34 38.38 20.88 Additional unit sizes were tested using the same procedure as described above. As shown in Tables 3 and 4 below, results from those additional tests show the same pattern - increased efficiency with longer break-in periods beyond 20 hours. Table 3: 4-ton AC System Performance ,vtth Increasing Break..in Periods Test A2 B2 Ev Bl Fl SEER2 Test A2 B2 Ev Bl Fl Samulel 2011r 44111' 12.70 1S.49 19.00 22.32 36.36 20.50 12.7S 15.52 19.31 23.32 38.35 21.07 68111· 12.76 15.60 19.45 24.03 38.76 21.35 92Hl· 12.84 1S.71 19.54 24.26 38.82 21.48 Test A2 B2 Ev Bl Fl SEER2 2011r 12.. 83 15.53 19.01 22.29 35.51 20.48 Sa1nole 2 44111· 6811r 12.97 13.08 15.64 15.72 19.37 19.46 23.11 23.07 37.24 37.89 21.0.l 21.11 9211r 12.88 15.68 19.56 21.9:5 38.86 20.93 9211r 13.07 15.90 19.98 23.94 39.00 21.69 In evaluating this test data, JCI determined that the increase in system efficiency and reduced test variability that occurs with the lengthier break-in periods was principally due to a reduction in required compressor power during the test. Figures 5 and 6 show the decrease in compressor watts compared to the 20-hour baseline compressor for 3-ton and 5-ton AC systems. For both systems, results show a consistent reduction in watts consumed as the break-in time of the compressor is increased. This is most significant at the Ev, B 1 and F 1 test conditions. VerDate Sep<11>2014 18:20 Oct 19, 2023 Jkt 262001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4725 E:\FR\FM\20OCN1.SGM 20OCN1 EN20OC23.041</GPH> ddrumheller on DSK120RN23PROD with NOTICES1 SEER2 Sample 1 Samplel 68111· 92Hl· Test 44111· 2011r 44111" 2011r 68Hr 12.68 12.97 12.89 13.15 12.92 13.03 13.U A2 15.44 15.70 15.92 15.95 15.83 15.88 15.90 B2 18.39 Ev 19.16 19.03 19.21 18.90 18.99 19.09 20.11 21.17 21.41 21.49 Bl 21.40 20.43 20.27 37.52 36.81 38.25 Fl 35.44 37.51 36.10 38.67 20. 51 20. 08 19.71 20.36 20.49 SEER 20.3S 20.37 Table 4: 5-ton AC System .Performance uilth Increasing Break-in Periods 72458 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices Figure 5; Dec1~ase in Compressor Watts (3 Ton AC) with 3. Additlo11l'l 24-:h<>ur B1·ealt".l11 Pel'iods, R,hltiveto 2.0-hour 13a:,ak7ln _Ba.~eUn_e 2. • Compressor W11Us -~~ii!k••tt:,l IO!ll'M¾ l~l 111111,at ill 1111<-,i'<>lr .I IU'<·l<1'1l, Figure 6: Dec1·ease fo Comp1-esso1• ,vatt.s (5 Ton AC) nith 3 Additional 24-hom· Break-In Periods, Relatln to 20-houi• Break-In Baseline 11:J ·ii.I .;u:;, ·•lS.I .;.() $,(I :1.0 II, llll\i'tlkmJ 8 NN.&re11ll;mt #I ~&r,r.1 ,\\:hl ,I !l#f "'" l~l•Ntlll l ~J) , h,o~:11, J ,!,,fl, ,'If! .li\(\ ~iui <Wll •,l!;i.) " '' '"' This underrating under Appendix Ml for JCI's VSS systems has significant consequences in the marketplace. Because of underrating due to the 20 Hour Break-In Limit, the full efficiency advantage of JCI's VSS systems will not be apparent versus lower-efficiency full stage compressor products, for which the 20 Hour Break-In Limit does not bias results. Conswners for whom central air conditioner measured efficiency is an important factor will be misled about the merits ofVSS systems on the basis of measured efficiency under Appendix Ml. Although the JCI models at issue are very efficient, and perform well above the applicable minimum efficiency standards, accurate ratings for high efficiency products such as these are important for purposes of, for instance, determining eligibility for Energy Star, utility rebates, tax credits, and green building recognition. V. Alternative Test Procedures VerDate Sep<11>2014 18:20 Oct 19, 2023 Jkt 262001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4725 E:\FR\FM\20OCN1.SGM 20OCN1 EN20OC23.042</GPH> ddrumheller on DSK120RN23PROD with NOTICES1 *** These test results show that a VSS system is not fully broken in at 20 hours, and that rating such a system with only a 20-hour break-in period can understate a system's SEER2 rating performance by 1 to 2 SEER2 (or approximately 5% to 10%). Because the 20 Hour Break-In Limit does not allow sufficient time for full breal<-in of VSS systems, the efficiency rating of a VSS system measured under Appendix Ml falls below the actual efficiency level at which the system will operate for the great majority of its time in service. JCI is thus unable to represent, on the basis of Appendix Ml testing, the full efficiency at which its VSS systems will operate. To achieve a particular efficiency rating under the Appendix Ml test method, JCI is forced to overdesign its VSS systems to meet an even higher target efficiency rating after full break-in. ln short, the 20 Hour Break-In Limit in Appendix Ml results in the underrating of JCI's VCC systems, and thus produces materially inaccurate data about the efficiency of VSS systems for comparison purposes, leaving homeowners without the information needed to objectively evaluate the benefits of such systems. Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 72459 DOE's Appendix Ml test procedure, as currently promulgated but with the option of an extended, 72-hour break-in period, constitutes the appropriate alternate test procedure that will evaluate the performance of JCI's VSS systems in a manner representative of its energy characteristics. Therefore, JCI proposes to test the basic models for which it seeks waiver by applying the entirety of Appendix Ml to 10 CFR Part 430, Subpart B, with a single modification to Section 3 .1. 7, as shown below: 3 .1. 7 Test Sequence Manufacturers may optionally operate the equipment under test for a "break-in" period, not to exceed 20 72 hours, prior to conducting the test method specified in this section. A manufacturer who elects to use this optional compressor break-in period in its certification testing should record this information (including the duration) in the test data underlying the certified ratings that are required to be maintained under 10 CFR 429.71. When testing a ducted unit (except if a heating-only heat pump), conduct the A or A2 Test first to establish the cooling full-load air volume rate. For ducted heat pumps where the heating and cooling full-load air volume rates are different, make the first heating mode test one that requires the heating full-load air volume rate. For ducted heating-only heat pumps, conduct the HI or HI 2 Test first to establish the heating full-load air volume rate. When conducting a cyclic test, always conduct it immediately after the steady-state test that requires the same test conditions. For variable-speed systems, the first test using the cooling minimum air volume rate should precede the EV Test, and the first test using the heating minimum air volume rate must precede the H2V Test. The test laboratory makes all other decisions on the test sequence. Thus, the only substantive change would be to modify the maximum length of the optional break-in period for JCI's VSS systems. As required by Appendix Ml, JCI would report the break-in period used in its product compliance certifications. The language proposed above is identical to the language proposed by JCI and accepted by DOE in 2018. VI. Similar Products The competitive market has not changed since JCI received the prior waiver. As a result, JCI is aware of the same, previously identified, manufacturers of residential central air conditioners and heat pumps that offer VSS systems using scroll compressors with oil injection: Carrier Corporation, Daikin Industries, Goodman Manufacturing Co. LP, Lennox International Inc., Nortek Global HVAC, Rheem Sales Company, and Trane. VII. Petition for Interim Waiver DOE will grant an interim waiver if it appears likely that the petition for waiver will be granted and/or if DOE determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the petition for waiver. 8 Interim relief is important to ensure that JCI can make materially accurate representations about the energy efficiency of its VSS 8 VerDate Sep<11>2014 10 C.F.R. § 430.27(e)(3). 18:20 Oct 19, 2023 Jkt 262001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4725 E:\FR\FM\20OCN1.SGM 20OCN1 EN20OC23.043</GPH> ddrumheller on DSK120RN23PROD with NOTICES1 DOE granted JCI's previous interim waiver regarding the break-in period for the same products that are the subject of this interim waiver request. The circumstances surrounding JCI's request for an interim waiver and the products and models subject to the waiver have not changed. JCI subsequently seeks, pursuant to 10 CFR § 430.27, an identical interim waiver of the 20 Hour Break-In Limit for the JCI VSS systems. 72460 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices systems in its certifications to DOE and marketing materials while DOE is considering the merits of JCI's petition for waiver. Basic Models for Which a Waiver is Requested. JCI seeks an interim waiver for the models listed in Exhibit A. Manufacturers of All Other Basic Models. JCI identified known similar products in Section VI, above. Alternate Test Procedures. JCI identified alternate test procedures in Section V, above. JCI incorporates reference to those same test procedures for purposes of its interim waiver request. Likely Success of the Petition for Waiver. For the reasons outlined above, JCI believes that there are strong arguments for granting the petition for waiver on the merits. Specifically, JCI testing of its VSS systems shows that a 72-hour break-in period produces test results that are more representative of the actual product efficiencies at which the VSS systems will operate over the lifetime of the product than those results obtained under the current 20 hour break-in period limit. Competitive Disadvantage. If JCI must continue to comply with the 20 Hour Break-In Limit for its VSS systems, these systems will be disadvantaged in the market relative to other types central air conditioners and heat pumps for which a break-in period of 20 hours or less products results representative of actual operating efficiency. As shown above, the impact of the 20 Hour Break-In Limit on ratings is significant - it can reduce ratings by 1 to 2 SEER2. The effects of such depressed ratings in the market can be significant. Public Policy Reasons to Grant Interim Waiver. Without an interim waiver, consumers will continue to be exposed to materially inaccurate information about the energy consumption characteristics of JCI"s VSS systems. This inaccurate information harms consumers (especially those seeking to evaluate very high efficiency CAC/HP products) and distorts markets. Further, underrating high efficiency products is inconsistent with the policy objectives ofEPCA. For all of these reasons, DOE should grant an interim waiver while it considers the petition for waiver set out above. VIII. Conclusion For the reasons stated above, JCI respectfully requests that DOE grant this petition for waiver of the 20 Hour Break-In Limit with respect to its VSS systems. JCI further requests DOE to grant its request for an interim waiver while its petition for waiver is under consideration. If you have any questions or would like to discuss this request, please contact me at (316) 832-6393. We greatly appreciate your attention to this matter. VerDate Sep<11>2014 18:20 Oct 19, 2023 Jkt 262001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4725 E:\FR\FM\20OCN1.SGM 20OCN1 EN20OC23.044</GPH> ddrumheller on DSK120RN23PROD with NOTICES1 Sincerely, 72461 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices Chris M Forth VP Regulatory, Codes & Enviro Affairs Ducted Systctns Johnson Controls, I11c. Steve Tice VP, Residential EnginEER2ing Ducted Systems Johnson Controls, Inc. ~ ~t....: ....... .t.....l./,;'\~~: ~~...-. ~ EXHIBIT A JCI Basic Models for Which Test Procedure Waiver Is Requ~sted HP (Olt!Mlft wake FrateJ~Johnston YXV24821 YX\136821 YXV48821 Ac:2182421 AC2183621 AU18:Mll AL2182421 Al.2:163621 AL2184821 YXV&n821 AC2186021 VZVM821 VZV36821 Y.l\148821 HC2082421 HCl083d2.1 H<:2084821 At.2116021 Ht.2082421 Ht.2083421 Hl2084821 ma21 HC2080021 Ht.l086021 ACll.84821 [FR Doc. 2023–23205 Filed 10–19–23; 8:45 am] BILLING CODE 6450–01–C DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings ddrumheller on DSK120RN23PROD with NOTICES1 Take notice that the Commission has received the following Natural Gas and Oil Pipeline Rate and Refund Report filings: Filings Instituting Proceedings Docket Numbers: PR24–3–000. Applicants: Northern Illinois Gas Company. Description: § 284.123(g) Rate Filing: Petition for Rate Approval to be effective 11/1/2023. Filed Date: 10/13/23. Accession Number: 20231013–5100. Comment Date: 5 p.m. ET 11/3/23. Protest Date: 5 p.m. ET 12/12/23. Docket Numbers: RP24–41–000. Applicants: El Paso Natural Gas Company, L.L.C. Description: § 4(d) Rate Filing: Negotiated Rate Agreement Update (Pioneer Oct 13 2023) to be effective 10/ 13/2023. Filed Date: 10/12/23. VerDate Sep<11>2014 18:20 Oct 19, 2023 Jkt 262001 AL21&3621 AU184821 Al.218Wl Ht.2082421. Hl.20IU621 HU084821 Ht.208'021 Accession Number: 20231012–5095. Comment Date: 5 p.m. ET 10/24/23. Any person desiring to intervene, to protest, or to answer a complaint in any of the above proceedings must file in accordance with Rules 211, 214, or 206 of the Commission’s Regulations (18 CFR 385.211, 385.214, or 385.206) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding. The filings are accessible in the Commission’s eLibrary system (https:// elibrary.ferc.gov/idmws/search/ fercgensearch.asp) by querying the docket number. eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: https://www.ferc.gov/ docs-filing/efiling/filing-req.pdf. For other information, call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. The Commission’s Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, environmental justice communities, Tribal members and PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 ft AL2182A21 AU18362.1 Al2184821 At.21M021 Hl.D2421 Hl.2083621 Hll084821 Hl.2086021 others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502–6595 or OPP@ ferc.gov. Dated: October 13, 2023. Debbie-Anne A. Reese, Deputy Secretary. [FR Doc. 2023–23126 Filed 10–19–23; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OAR–2023–012; FRL 10787–03– OAR] California State Nonroad Engine Pollution Control Standards; OceanGoing Vessels At-Berth; Notice of Decision Environmental Protection Agency (EPA). ACTION: Notice of decision. AGENCY: The Environmental Protection Agency (‘‘EPA’’) is granting the California Air Resources Board’s (‘‘CARB’’) request for authorization of SUMMARY: E:\FR\FM\20OCN1.SGM 20OCN1 EN20OC23.045</GPH> AC YOflr

Agencies

[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Notices]
[Pages 72449-72461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23205]


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DEPARTMENT OF ENERGY

[Case Number 2023-005; EERE-2023-BT-WAV-0018]


Energy Conservation Program: Notification of Petition for Waiver 
of Johnson Controls Inc. From the Department of Energy Central Air 
Conditioners and Heat Pumps Test Procedure and Notification of Grant of 
Interim Waiver

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

ACTION: Notification of petition for waiver and grant of an interim 
waiver; request for comments.

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

SUMMARY: This notification announces receipt of and publishes a 
petition for waiver and interim waiver from Johnson Controls Inc. 
(``JCI''), which seeks a waiver for specified basic models of central 
air conditioners (``CACs'') and central air conditioning heat pumps 
(``HPs'') (collectively, ``CAC/HPs'') from the U.S. Department of 
Energy (``DOE'') test procedure used for determining the efficiency of 
CAC/HPs. According to JCI, testing its CAC/HP basic models that use 
variable-speed, oil-injected scroll compressors with only a 20-hour 
break-in period produces results unrepresentative of their true energy 
consumption characteristics, and would provide materially inaccurate 
comparative data. JCI requested that in lieu of the 20-hour break-in 
limit, it be permitted to test the specified CAC/HP basic models with a 
72-hour break-in period. DOE also gives notification of an Interim 
Waiver Order that requires JCI to test and rate the specified CAC/HP 
basic models in accordance with the alternate test procedure set forth 
in the Interim Waiver Order. DOE solicits comments, data, and 
information concerning JCI's petition and its suggested alternate test 
procedure so as to inform DOE's final decision on JCI's waiver request.

DATES: Written comments and information are requested and will be 
accepted on or before November 20, 2023.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov under docket 
number EERE-2023-BT-WAV-0018. Follow the instructions for submitting 
comments. Alternatively, interested persons may submit comments, 
identified by docket number EERE-2023-BT-WAV-0018, by any of the 
following methods:
    (1) Email: [email protected]. Include the 
case number [Case No. 2023-005] in the subject line of the message.
    (2) Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
Petition for Waiver [Case No. 2023-005], 1000 Independence Avenue SW, 
Washington, DC 20585-0121. If possible, please submit all items on a 
compact disc (``CD''), in which case it is not necessary to include 
printed copies.
    (3) Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202) 
287-1445. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    No telefacsimiles (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see the SUPPLEMENTARY INFORMATION section of this document.
    Docket: The docket for this activity, which includes Federal 
Register notices, public meeting attendee lists and transcripts (if a 
public meeting is held), 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, not all documents listed in the index may be publicly 
available, such as information that is exempt from public disclosure.
    The docket web page can be found at www.regulations.gov/docket/EERE-2023-BT-WAV-0018. The docket web page contains instructions on how 
to access all documents, including public comments, in the docket. See 
below for information on how to submit comments through 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Julia Hegarty, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, Mailstop 
EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (240) 597-6737 Email: [email protected].
    Mr. Peter Cochran, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue 
SW, Washington, DC 20585-0103. Telephone: (202) 586-9496. Email: 
[email protected].

[[Page 72450]]


SUPPLEMENTARY INFORMATION: DOE is publishing JCI's petition for waiver 
in its entirety, pursuant to 10 CFR 430.27(b)(1)(iv).\1\ DOE is also 
publishing the Interim Waiver Order granted to JCI, which serves as 
notification of DOE's determination regarding JCI's petition for an 
interim waiver, pursuant to 10 CFR 430.27(e)(3). DOE invites all 
interested parties to submit in writing by November 20, 2023, comments 
and information on all aspects of the petition, including the alternate 
test procedure. Pursuant to 10 CFR 430.27(d), any person submitting 
written comments to DOE must also send a copy of such comments to the 
petitioner. The contact information for the petitioner is Chris Forth, 
[email protected], Johnson Controls Inc., 3110 N Mead St. Wichita, 
KS 67219.
---------------------------------------------------------------------------

    \1\ The petition did not identify any of the information 
contained therein as confidential business information.
---------------------------------------------------------------------------

    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. If this instruction is followed, 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, hand delivery/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail 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 on a cover letter. 
Include your first and last names, email address, telephone number, and 
optional mailing address. The cover letter will not be publicly 
viewable as long as it does not include any comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via postal mail 
or hand delivery/courier, please provide all items on a CD, if 
feasible, in which case it is not necessary to submit printed copies. 
Faxes will not be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email two well-marked copies: one copy of the document marked 
confidential including all the information believed to be confidential, 
and one copy of the document marked ``non-confidential'' with the 
information believed to be confidential deleted. Submit these documents 
via email. 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).

Case Number 2023-005

Interim Waiver Order

I. Authority and Background

    The Energy Policy and Conservation Act, as amended (``EPCA''),\2\ 
authorizes the U.S. Department of Energy (``DOE'') to regulate the 
energy efficiency of a number of consumer products and certain 
industrial equipment. (42 U.S.C. 6291-6317) Title III, Part B of EPCA 
\3\ established the Energy Conservation Program for Consumer Products 
Other Than Automobiles, which sets forth a variety of provisions 
designed to improve energy efficiency for certain types of consumer 
products. These products include CAC/HPs, the subject of this document. 
(42 U.S.C. 6292(a)(3))
---------------------------------------------------------------------------

    \2\ 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), which reflect the last statutory amendments that impact 
Parts A and A-1 of EPCA.
    \3\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
---------------------------------------------------------------------------

    The energy conservation program under EPCA consists essentially of 
four parts: (1) testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA include definitions (42 U.S.C. 6291), test 
procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), 
energy conservation standards (42 U.S.C. 6295), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6296).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making representations about the efficiency of that product (42 
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to 
determine whether the

[[Page 72451]]

product complies with relevant standards promulgated under EPCA. (42 
U.S.C. 6295(s))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE is required to 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 reflect the energy efficiency, energy use or 
estimated annual operating cost of a covered product during a 
representative average use cycle or period of use and requires that 
test procedures not be unduly burdensome to conduct. (42 U.S.C. 
6293(b)(3)) The test procedure for CAC/HPs is contained in the Code of 
Federal Regulations (``CFR'') at 10 CFR part 430, subpart B, appendix 
M1, Uniform Test Method for Measuring the Energy Consumption of Central 
Air Conditioners and Heat Pumps (``appendix M1'').
    Under 10 CFR 430.27, any interested person may submit a petition 
for waiver from DOE's test procedure requirements. DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic model for which the waiver was requested contains a 
design characteristic that prevents testing of the basic model 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 430.27(f)(2). A 
petitioner must include in its petition any alternate test procedures 
known to the petitioner to evaluate the performance of the product type 
in a manner representative of the energy consumption characteristics of 
the basic model. 10 CFR 430.27(b)(1)(iii). DOE may grant the waiver 
subject to conditions, including adherence to alternate test 
procedures. 10 CFR 430.27(f)(2).
    As soon as practicable after the granting of any waiver, DOE will 
publish in the Federal Register a notice of proposed rulemaking to 
amend its regulations so as to eliminate any need for the continuation 
of such waiver. 10 CFR 430.27(l) As soon thereafter as practicable, DOE 
will publish in the Federal Register a final rule to that effect. Id.
    The waiver process also provides that DOE may grant an interim 
waiver if it appears likely that the underlying petition for waiver 
will be granted and/or if DOE determines that it would be desirable for 
public policy reasons to grant immediate relief pending a determination 
on the underlying petition for waiver. 10 CFR 430.27(e)(3). Within one 
year of issuance of an interim waiver, DOE will either: (i) publish in 
the Federal Register a determination on the petition for waiver; or 
(ii) publish in the Federal Register a new or amended test procedure 
that addresses the issues presented in the waiver. 10 CFR 430.27(h)(1).
    If the interim waiver test procedure methodology is different than 
the decision and order test procedure methodology, certification 
reports to DOE required under 10 CFR 429.12 and any representations 
must be based on either of the two methodologies until 180 days after 
the publication date of the decision and order. Thereafter, 
certification reports and any representations must be based on the 
decision and order test procedure methodology, unless otherwise 
specified by DOE. 10 CFR 430.27(i)(1). When DOE amends the test 
procedure to address the issues presented in a waiver, the waiver or 
interim waiver will automatically terminate on the date on which use of 
that test procedure is required to demonstrate compliance. 10 CFR 
429.27(h)(3).

II. JCI's Petition for Waiver and Interim Waiver

    On July 12, 2023, DOE received from JCI a petition for waiver and 
interim waiver from the test procedure for CAC/HPs set forth at 10 CFR 
part 430, subpart B, appendix M1.\4\ (JCI, No. 1 at pp. 1-10) \5\ 
Pursuant to 10 CFR 430.27(e)(1), DOE posted the petition on the DOE 
website at: www.energy.gov/eere/buildings/current-test-procedure-waivers. The petition did not identify any of the information contained 
therein as confidential business information.
---------------------------------------------------------------------------

    \4\ The specific basic models identified by JCI can be found in 
the docket at www.regulations.gov/docket/EERE-2023-BT-WAV-0018 and 
is provided at the end of this document.
    \5\ A notation in this form provides a reference for information 
that is in the docket for this test procedure waiver (Docket No. 
EERE-EERE-2023-BT-WAV-0018) (available at www.regulations.gov/document/EERE-2023-BT-WAV-0018-0001). This notation indicates that 
the statement preceding the reference is document number 1 in the 
docket and appears at pages 1-10 of that document.
---------------------------------------------------------------------------

    According to JCI, testing its CAC/HP basic models that use 
variable-speed, oil-injected scroll compressors (``VSS systems'') with 
only a 20-hour break-in period produces results unrepresentative of 
their true energy consumption characteristics, and would provide 
materially inaccurate comparative data. (JCI, No. 1 at p. 1) JCI 
requested that in lieu of the 20-hour break-in limit, it be permitted 
to test its VSS systems with a 72-hour break-in period. Id. 
Consequently, JCI seeks to use an alternate test procedure to test and 
rate specific CAC/HP basic models, which increases the break-in time 
limit stipulated in section 3.1.7 of appendix M1. Id.
    On March 23, 2018, DOE granted JCI a waiver from DOE's then 
effective CAC/HP test procedure \6\ for these same basic models of VSS 
systems, permitting them to test with a 72-hour break-in period. 83 FR 
12735. DOE notes that the alternative test procedure requested by JCI 
in this waiver petition for appendix M1 is identical to the alternative 
test procedure included in the waiver it previously obtained under 
appendix M.
---------------------------------------------------------------------------

    \6\ On January 1, 2023, use of appendix M1 became required for 
any representations--including compliance certifications--made with 
respect to the energy use, power, or efficiency of CAC/HPs. Prior to 
January 1, 2023, such representations were required to be based on 
the test procedure at appendix M to subpart B of 10 CFR part 430.
---------------------------------------------------------------------------

    JCI also requested an interim waiver from the existing DOE test 
procedure, noting that DOE previously granted JCI an interim waiver 
under appendix M regarding the allowable break-in period for these same 
models in 2017.\7\ (JCI, No. 1 at pp. 7-8) Absent an interim waiver, 
JCI asserted that its VSS systems will continue to be at a competitive 
disadvantage on the market and consumers will continue to be exposed to 
materially inaccurate information about the energy consumption 
characteristics of its VSS systems. Id. As the circumstances 
surrounding JCI's request for an interim waiver and the products and 
models subject to the waiver have not changed, JCI asserted that an 
identical interim waiver is warranted. Id. DOE will grant an interim 
waiver if it appears likely that the petition for waiver will be 
granted, and/or if DOE determines that it would be desirable for public 
policy reasons to grant immediate relief pending a determination of the 
petition for waiver. 10 CFR 430.27(e)(3).
---------------------------------------------------------------------------

    \7\ See 82 FR 43952 for DOE's notification of petition and grant 
of interim waiver published on September 20, 2017.
---------------------------------------------------------------------------

III. Requested Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures when 
making representations about the energy consumption and energy 
consumption costs of covered products. (42 U.S.C. 6293(c)) Consistency 
is important when making representations about the energy efficiency of 
covered products, including when demonstrating compliance with 
applicable DOE energy conservation standards. Pursuant to 10 CFR 
430.27, and after consideration of public comments on the petition, DOE

[[Page 72452]]

may establish in a subsequent Decision and Order an alternate test 
procedure for the basic models addressed by the Interim Waiver Order.
    JCI seeks to use an alternate test procedure to test and rate 
specific CAC/HP basic models of VSS systems consistent with the waiver 
it previously obtained for these same basic models under appendix M.\8\ 
(JCI, No. 1 at pp. 6-7) In its petition, JCI proposed to test and rate 
its specified basic models according to the test procedure prescribed 
by DOE at 10 CFR part 430, subpart B, appendix M1, except that the 20-
hour break-in period maximum in section 3.1.7 of appendix M1 be 
replaced with a 72-hour maximum. Id. Under JCI's proposed alternative 
test procedure, the following language would be used instead of section 
3.1.7 of appendix M1:
---------------------------------------------------------------------------

    \8\ See 83 FR 12735.
---------------------------------------------------------------------------

3.1.7 Test Sequence

    Manufacturers may optionally operate the equipment under test for a 
``break-in'' period, not to exceed 72 hours, prior to conducting the 
test method specified in this section. A manufacturer who elects to use 
this optional compressor break-in period in its certification testing 
should record this information (including the duration) in the test 
data underlying the certified ratings that are required to be 
maintained under 10 CFR 429.71. When testing a ducted unit (except if a 
heating-only heat pump), conduct the A or A2 Test first to 
establish the cooling full-load air volume rate. For ducted heat pumps 
where the heating and cooling full-load air volume rates are different, 
make the first heating mode test one that requires the heating full-
load air volume rate. For ducted heating-only heat pumps, conduct the 
H1 or H12 Test first to establish the heating full-load air 
volume rate. When conducting a cyclic test, always conduct it 
immediately after the steady-state test that requires the same test 
conditions. For variable-speed systems, the first test using the 
cooling minimum air volume rate should precede the Ev Test, 
and the first test using the heating minimum air volume rate must 
precede the H2v Test. The test laboratory makes all other 
decisions on the test sequence.

IV. Interim Waiver Order

    DOE has reviewed JCI's application for an interim waiver, the 
alternate test procedure requested by JCI, and the test data provided 
by JCI.
    DOE tentatively agrees that the circumstances surrounding JCI's 
request for an interim waiver and the products and models subject to 
the waiver have not changed since the granting of a similar waiver for 
testing to appendix M. Specifically, DOE has tentatively determined 
that the test data provided by JCI demonstrates that the specified VSS 
system models that are the subject of the waiver have compressors that 
may require more than the 20 hours of break-in time allowed by appendix 
M1. The oil injected into the oil-injected scroll compressors increases 
the coverage of the viscous oil layer between mating surfaces of the 
scroll. This is presumably its purpose, i.e., to provide additional 
sealing in the gaps of the mating surfaces to improve compressor 
volumetric efficiency (relationship between displacement rate and 
volume flow rate of refrigerant drawn into the compressor). By 
enhancing this oil layer, the direct contact between irregularities in 
the surfaces may also be reduced, which would slow the wearing process 
that smooths out these irregularities, which is the break-in process. 
For this reason, oil injected compressors are expected to require 
additional break-in time.
    DOE understands that absent a waiver, JCI's products cannot be 
tested and rated for energy consumption on a basis representative of 
their true energy consumption characteristics. DOE has initially 
determined that the alternate test procedure appears to allow for the 
accurate measurement of the energy efficiency of the specified basic 
models, while alleviating the testing problems cited by JCI in 
implementing the DOE test procedure for these basic models. 
Consequently, DOE has determined that JCI's petition for waiver likely 
will be granted. Furthermore, DOE has determined that it is desirable 
for public policy reasons to grant JCI immediate relief pending a 
determination of the petition for waiver.
    For the reasons stated, it is ordered that:
    (1) JCI must test and rate the following CAC/HP basic models that 
use certain variable-speed, oil-injected scroll compressors with the 
alternate test procedure set forth in paragraph (2).

----------------------------------------------------------------------------------------------------------------
                                                                                          Fraser-
                                                     York       Coleman      Luxaire      Johnston     Champion
----------------------------------------------------------------------------------------------------------------
Air Conditioners...............................     YXV24B21    AC21B2421    AL21B2421    AL21B2421    AL21B2421
                                                    YXV36B21    AC21B3621    AL21B3621    AL21B3621    AL21B3621
                                                    YXV48B21    AC21B4821    AL21B4821    AL21B4821    AL21B4821
                                                    YXV60B21    AC21B6021    AL21B6021    AL21B6021    AL21B6021
Heat Pumps.....................................     YZV24B21    HC20B2421    HL20B2421    HL20B2421    HL20B2421
                                                    YZV36B21    HC20B3621    HL20B3621    HL20B3621    HL20B3621
                                                    YZV48B21    HC20B4821    HL20B4821    HL20B4821    HL20B4821
                                                    YZV60B21    HC20B6021    HL20B6021    HL20B6021    HL20B6021
----------------------------------------------------------------------------------------------------------------

    (2) The alternate test procedure for the JCI basic models 
identified in paragraph (1) of this Interim Waiver Order is the test 
procedure for CAC/HPs prescribed by DOE at 10 CFR 430, subpart B, 
appendix M1 except that the maximum duration of the break-in period is 
increased from 20 hours to 72 hours, as detailed below. All other 
requirements of appendix M1 and DOE's regulations remain applicable.
    In 3.1.7, Test Sequence, test using these instructions:
    Manufacturers may optionally operate the equipment under test for a 
``break-in'' period, not to exceed 72 hours, prior to conducting the 
test method specified in this section. A manufacturer who elects to use 
this optional compressor break-in period in its certification testing 
should record this information (including the duration) in the test 
data underlying the certified ratings that are required to be 
maintained under 10 CFR 429.71. When testing a ducted unit (except if a 
heating-only heat pump), conduct the A or A2 Test first to 
establish the cooling full-load air volume rate. For ducted heat pumps 
where the heating and cooling full-load air volume rates are different, 
make the first heating mode test one that requires the heating full-
load air volume rate. For ducted heating-only heat pumps, conduct the 
H1 or H12 Test first to

[[Page 72453]]

establish the heating full-load air volume rate. When conducting a 
cyclic test, always conduct it immediately after the steady-state test 
that requires the same test conditions. For variable-speed systems, the 
first test using the cooling minimum air volume rate should precede the 
Ev Test, and the first test using the heating minimum air 
volume rate must precede the H2v Test. The test laboratory 
makes all other decisions on the test sequence.
    (3) Representations. JCI may not make representations about the 
efficiency of a basic model listed in paragraph (1) of this Interim 
Waiver Order for compliance, marketing, or other purposes unless that 
basic model has been tested in accordance with the provisions set forth 
in this alternate test procedure and such representations fairly 
disclose the results of such testing.
    (4) This Interim Waiver Order shall remain in effect according to 
the provisions of 10 CFR 430.27.
    (5) This Interim Waiver Order is issued on the condition that the 
statements, representations, test data, and documentary materials 
provided by JCI are valid. If JCI makes any modifications to the 
controls or configurations of a basic model subject to this Interim 
Waiver Order, such modifications will render the waiver invalid with 
respect to that basic model, and JCI will either be required to use the 
current Federal test method or submit a new application for a test 
procedure waiver. DOE may rescind or modify this waiver at any time if 
it determines the factual basis underlying the petition for the Interim 
Waiver Order is incorrect, or the results from the alternate test 
procedure are unrepresentative of the basic model's true energy 
consumption characteristics. 10 CFR 430.27(k)(1). Likewise, JCI may 
request that DOE rescind or modify the Interim Waiver Order if JCI 
discovers an error in the information provided to DOE as part of its 
petition, determines that the interim waiver is no longer needed, or 
for other appropriate reasons. 10 CFR 430.27(k)(2).
    (6) Issuance of this Interim Waiver Order does not release JCI from 
the applicable requirements set forth at 10 CFR part 429.
    DOE makes decisions on waivers and interim waivers for only those 
basic models specifically set out in the petition, not future models 
that may be manufactured by the petitioner. JCI may submit a new or 
amended petition for waiver and request for grant of interim waiver, as 
appropriate, for additional basic models of CAC/HPs. Alternatively, if 
appropriate, JCI may request that DOE extend the scope of a waiver or 
an interim waiver to include additional basic models employing the same 
technology as the basic model(s) set forth in the original petition 
consistent with 10 CFR 430.27(g).

Signing Authority

    This document of the Department of Energy was signed on October 16, 
2023 by Jeffrey Marootian, 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 October 17, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
BILLING CODE 6450-01-P

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[FR Doc. 2023-23205 Filed 10-19-23; 8:45 am]
BILLING CODE 6450-01-C
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