[Federal Register Volume 78, Number 151 (Tuesday, August 6, 2013)]
[Notices]
[Pages 47681-47691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18950]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CAC-041]


Notice of Petition for Waiver of ECR (ECR) International, Inc. 
From the Department of Energy Residential Central Air Conditioners and 
Heat Pumps Test Procedure, and Grant of Interim Waiver

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

ACTION: Notice of petition for waiver, notice of grant of interim 
waiver, and request for comments.

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SUMMARY: This notice announces receipt of and publishes a petition for 
waiver and application for interim waiver (``petition'') from ECR 
International, Inc. (ECR) regarding specified portions of the U.S. 
Department of Energy (DOE) test procedure for determining the energy 
consumption of residential central air conditioners and heat pumps. In 
its petition, ECR provides an alternate test procedure specific to EMI 
multi-zone unitary small air conditioners and heat pumps. DOE solicits 
comments, data, and information concerning ECR's petition and the 
suggested alternate test procedure. Today's notice also grants ECR an 
interim waiver from the existing DOE test procedures for the subject 
EMI (Enviromaster International) multi-zone unitary small air 
conditioners and heat pumps.

DATES: DOE will accept comments, data, and information with respect to 
the ECR Petition until, but no later than September 5, 2013.

ADDRESSES: You may submit comments, identified by case number ``CAC-
041,'' by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected] Include the case 
number [Case No. CAC-041] in the subject line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J/1000 Independence Avenue 
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Please 
submit one signed original paper copy.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. Please submit one signed original paper 
copy.
    Docket: For access to the docket to review the background documents 
relevant to this matter, you may visit the U.S. Department of Energy, 
950 L'Enfant Plaza SW., Washington, DC, 20024; (202) 586-2945, between 
9:00 a.m. and 4:00 p.m., Monday through Friday, except Federal 
holidays. Available documents include the following items: (1) this 
notice; (2) public comments received; (3) the petition for waiver and 
application for interim waiver; and (4) prior DOE waivers and 
rulemakings regarding similar refrigerator-freezer products. Please 
call Ms. Brenda Edwards at the above telephone number for additional 
information.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Building Technologies Program, Mail Stop EE-2J, Forrestal 
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. 
Telephone: (202) 586-0371. Email: [email protected].
    Ms. Jennifer Tiedeman, U.S. Department of Energy, Office of the 
General Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence 
Avenue SW., Washington, DC 20585-0103. Telephone: (202) 287-6111. 
Email: mailto:[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified), added by 
Public Law 95-619, Title IV, Sec.  441(a), established the Energy 
Conservation Program for Consumer Products Other Than Automobiles, a 
program covering most major household appliances, which includes the 
residential central air conditioners and heat pumps that are the focus 
of this notice.\1\ Part B includes definitions, test procedures, 
labeling provisions, energy conservation standards, and the authority 
to require information and reports from manufacturers. Further, Part B 
authorizes the Secretary of Energy to prescribe test procedures that 
are reasonably designed to produce results which measure the energy 
efficiency, energy use, or estimated annual operating costs of a 
covered product, and that are not unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3)) The test procedure for residential central air 
conditioners and heat pumps is contained in 10 CFR part 430, subpart B, 
appendix M (referred to in this notice as ``Appendix M'').
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
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    The regulations set forth in 10 CFR 430.27 contain provisions that 
enable a person to seek a waiver from the test procedure requirements 
for covered products. The Assistant Secretary for Energy Efficiency and 
Renewable Energy (the Assistant Secretary) will grant a waiver if it is 
determined that the basic model for which the petition for waiver was 
submitted contains one or more design characteristics that prevents 
testing of the basic model according to the prescribed test procedures, 
or if the prescribed test procedures may evaluate the basic model in a 
manner so unrepresentative of its true energy consumption 
characteristics as to provide materially

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inaccurate comparative data. 10 CFR 430.27(l). A petitioner must 
include in its petition any alternate test procedures known to the 
petitioner to evaluate the basic model in a manner representative of 
its energy consumption. The Assistant Secretary may grant the waiver 
subject to conditions, including adherence to alternate test 
procedures. 10 CFR 430.27(l). Waivers remain in effect pursuant to the 
provisions of 10 CFR 430.27(m).
    The waiver process also allows the Assistant Secretary to grant an 
interim waiver from test procedure requirements to manufacturers that 
have petitioned DOE for a waiver of such prescribed test procedures. 10 
CFR 430.27(g). An interim waiver remains in effect for 180 days or 
until DOE issues its determination on the petition for waiver, 
whichever occurs earlier. DOE may extend an interim waiver for an 
additional 180 days. 10 CFR 430.27(h).

II. Petition for Waiver of Test Procedure and Application for Interim 
Waiver

    On March 26, 2013, ECR submitted a petition for waiver and 
application for interim waiver (``petition'') from the test procedure 
applicable to residential central air conditioners and heat pumps set 
forth in 10 CFR part 430, subpart B, appendix M. ECR seeks a waiver 
from the applicable test procedure because, ECR asserts that the 
prescribed test procedures yield results that are unrepresentative of 
actual energy consumption for ECR's Enviromaster International 
(``EMI'') line of multi-zone unitary small air conditioners and heat 
pumps. In its petition, ECR asserts that the DOE test procedures 
currently applicable to these products do not sufficiently address the 
unique configuration of those products, and therefore do not produce 
results that are (1) representative of their energy consumption 
characteristics or (2) consistent, accurate and repeatable. In order to 
be assured that it is correctly calculating the energy consumption of 
the product, that it meets the minimum energy requirements for its 
product class, and is properly labeled, ECR proposes to use an 
alternate test procedure for testing its models.
    ECR also requests an interim waiver from the existing DOE test 
procedure. An interim waiver may be granted if it is determined that 
the applicant will experience economic hardship if the application for 
interim waiver is denied, if it appears likely that the petition for 
waiver will be granted, and/or the Assistant Secretary determines that 
it would be desirable for public policy reasons to grant immediate 
relief pending a determination of the petition for waiver. 10 CFR 
430.27(g).
    DOE has determined that ECR's application for interim waiver does 
not provide sufficient market, equipment price, shipments and other 
manufacturer impact information to permit DOE to evaluate the economic 
hardship ECR might experience absent a favorable determination on its 
application for interim waiver. However, DOE has determined based upon 
a technical evaluation of ECR's proposed alternate test method and the 
characteristics of the products addressed by the petition, that it is 
likely ECR's petition will be granted, and that it is desirable for 
public policy reasons to grant ECR relief pending a determination on 
the petition. DOE has determined that it is desirable to have similar 
basic models tested in a consistent manner.
    For the reasons stated above, DOE grants ECR's application for 
interim waiver from testing of its multi-zone unitary small air 
conditioners and heat pumps product line. Therefore, it is ordered 
that:
    The application for interim waiver filed by ECR is hereby granted 
for the specified ECR multi-zone unitary small air conditioners and 
heat pumps basic models, subject to the specifications and conditions 
below. ECR shall be required to test or rate the specified multi-zone 
unitary small air conditioners and heat pumps products according to the 
alternate test procedure as set forth in section III, ``Alternate Test 
Procedure.''
    The interim waiver applies to the following basic model groups:

S2CG2200D, S2CG9200D, S2CG9900D, T2CG2400D, T2CG4400D, T2CG8800D, 
T2CG9800D, T3CG2220D, T3CG2240D, T3CG9920D, T3CG9980D, T3CG9990D, 
T4CG2222D, T4CG9922D, T4CG9992D, T4CG9999D, S2HH2200D, S2HH9200D, 
S2HH9900D, T2HG2400D, T2HG4400D, T2HG8800D, T2HG9800D, T3HG2220D, 
T3HG2240D, T3HG9920D, T3HG9980D, T3HG9990D, T4HG2222D, T4HG9922D, 
T4HG9992D, T4HG9999D

    DOE makes decisions on waivers and interim waivers for only those 
models specifically set out in the petition, not future models that may 
be manufactured by the petitioner. ECR may submit a subsequent petition 
for waiver and request for grant of interim waiver, as appropriate, for 
additional models of its multi-zone unitary small air conditioners and 
heat pumps for which it seeks a waiver from the DOE test procedure. In 
addition, DOE notes that a grant of an interim waiver or waiver does 
not release a petitioner from the certification requirements set forth 
at 10 CFR part 429.
    Further, this interim waiver is conditioned upon the presumed 
validity of statements, representations, and documents provided by the 
petitioner. DOE may revoke or modify this interim waiver at any time 
upon a determination that the factual basis underlying the petition for 
waiver is incorrect, or upon a determination that the results from the 
alternate test procedure are unrepresentative of the basic models' true 
energy consumption characteristics.

III. Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures to make 
representations about the energy consumption and energy consumption 
costs of products covered by the statute. (42 U.S.C. 6293(c)) 
Consistent representations are important for manufacturers to use in 
making representations about the energy efficiency of their products 
and to demonstrate compliance with applicable DOE energy conservation 
standards. Pursuant to its regulations applicable to waivers and 
interim waivers from applicable test procedures at 10 CFR 430.27, DOE 
will consider setting an alternate test procedure for ECR in a 
subsequent Decision and Order.
    In its petition, ECR states that for its multi-zone unitary small 
air conditioners and heat pumps models, tests using the DOE test 
procedure for residential central air conditioners and heat pumps at 10 
CFR part 430, subpart B, appendix M (``Appendix M'') is inapplicable to 
their products and would result in measurements of energy use that are 
not representative of these models' actual energy use. Thus, during the 
period of the interim waiver granted in this notice, ECR shall test its 
multi-zone unitary small air conditioners and heat pump basic models 
according to the existing DOE test procedure at 10 CFR part 430, 
subpart B, appendix M with the modifications set forth below.
    1. Section 3.1.4.1.2 is replaced with the following:
    3.1.4.1.2 Cooling Full-load Air Volume Rate for Non-ducted Units. 
For non-ducted units, run the unit in a free air state (i.e., without 
the plenum, duct work, and air sampling apparatus attached to the 
outlet of the indoor unit) at the A test conditions. After condensate 
has dripped from the coil for no less than 10 minutes and air entering

[[Page 47683]]

the indoor unit meets the specified test conditions, measure and record 
the blower motor RPM, current, and power consumption for each indoor 
unit. For all tests that require the Cooling Full-load Air Volume Rate, 
adjust the air flow until the blower motor has the same RPM, current, 
and power consumption as measured when operating in a free air state.
    2. Section 3.1.4.4.4 is replaced with the following:
    3.1.4.4.4 Non-ducted heat pumps, including non-ducted heating-only 
heat pumps. For non-ducted heat pumps, run the heat pump in a free air 
state (i.e., without the plenum, duct work, and air sampling apparatus 
attached to the outlet of the indoor unit) at the H1 test conditions. 
After the unit has operated for 30 minutes and the air entering the 
indoor unit meets the specified test conditioners, measure and record 
the blower motor RPM, current, and power consumption for each indoor 
unit. For all tests that require the Heating Full-load Air Volume Rate, 
adjust the air flow until the blower motor has the same RPM, current, 
and power consumption as measured when operating in a free air state.
    3. In performance of section 3.1.7 when testing a non-ducted air 
conditioner, establish the Cooling Full-load Air Volume Rate first 
according to section 3.1.4.1.2 prior to conducting the A, B, C, or D 
tests. When testing a non-ducted heat pump establish the Heating Full-
load Air Volume Rate first according to section 3.1.4.4.4. When 
conducting an optional cyclic test, always conduct it immediately after 
the steady-state test that requires the same test conditions. For 
variable-speed systems, the first test using the Cooling Minimum Air 
Volume Rate should precede the EV Test if one expects to adjust the 
indoor fan control options when preparing for the first Minimum Air 
Volume Rate test. Under the same circumstances, the first test using 
the Heating Minimum Air Volume Rate should precede the H2V Test. When 
testing multi-split systems where each indoor unit operates 
independently and has an independent refrigeration circuit, conduct a 
set of cooling and/or heating tests, if applicable, for each indoor 
unit individually, but run all units during each test. To measure the 
cooling capacity conduct the tests specified in section 3.2.1 for each 
indoor unit. To measure the heating performance, conduct the tests 
specified in section 3.6.1 for each indoor unit.
    4. In section 3.3, perform the pretest interval in paragraph (a) as 
written, except for non-ducted units use the exhaust fan or the airflow 
measuring apparatus to obtain and then maintain the blower motor RPM, 
current, and power consumption as measured when operating in a free air 
state, according to section 3.1.4.1.2. Locate the pressure tap for each 
air handler first at the prescribed ASHRAE 41.2 distance of 2*SQRT(A*B) 
and then adjust the position by moving the installation point closer or 
further away from the air handler until the 0.0 inch of water column 
point is located.
    For multi-split systems where each indoor unit operates 
independently and has an independent refrigeration circuit, sum the 
average total space cooling capacity of each individual indoor unit 
test and assign to Qc(T), and take the mean of the average electrical 
power consumption for each individual indoor unit test assign to Ec(T). 
Replace the ``T'' with the nominal outdoor temperature at which the 
test was conducted.
    5. In performance of section 3.4, for multi-split systems where 
each indoor unit operates independently and has an independent 
refrigeration circuit, sum the total space cooling capacity of each 
individual indoor unit test and assign to Qss,dry, and take the mean of 
the average electrical power consumption for each individual indoor 
unit test and assign to Ess,dry.
    6. In performance of section 3.5, for multi-split systems where 
each indoor unit operates independently and has an independent 
refrigeration circuit, sum the total space cooling of each individual 
indoor unit test and assign to qcyc,dry, and take the mean 
of the electrical energy consumption of each indoor unit test and 
assign to ecyc,dry.
    7. In performance of section 3.5.3, for multi-split systems where 
each indoor unit operates independently and has an independent 
refrigeration circuit, take the average of the result from the cooling 
load factor calculation performed for each individual indoor unit test 
and assign to CLF.
    8. In performance of section 3.7, the pretest interval of paragraph 
(a) shall be performed as written, except use the exhaust fan or the 
airflow measuring apparatus to obtain and then maintain the blower 
motor RPM, current, and power consumption as measured when operating in 
a free air state, according to section 3.1.4.4.4. Locate the pressure 
tap for each air handler first at the prescribed ASHRAE 41.2 distance 
of 2*SQRT(A*B) and then adjust the position by moving the installation 
point closer or further away from the air handler until the 0.0 inch of 
water column point is located.
    To calculate the overall result of the section 3.7 tests for multi-
split systems where each indoor unit operates independently and has an 
independent refrigeration circuit, sum the average space heating 
capacity of each individual indoor unit test and assign to 
Qh(T), and take the average of the electrical power 
consumption of each individual indoor unit test and assign to 
Eh(T). Replace the ``T'' with the nominal outdoor 
temperature at which the test was conducted.
    9. In performance of section 3.8, for multi-split systems where 
each indoor unit operates independently and has an independent 
refrigeration circuit, sum the total space heating of each individual 
indoor unit test and assign to qcyc, and take the average of 
the electrical energy consumption of each individual indoor unit test 
and assign to ecyc.
    10. In performance of section 3.8.1, for multi-split systems where 
each indoor unit operates independently and has an independent 
refrigeration circuit, take the mean of the result from the heating 
load factor calculation performed for each individual indoor unit test 
and assign to HLF.
    11. In performance of section 3.9.1, for multi-split systems where 
each indoor unit operates independently and has an independent 
refrigeration circuit, perform the calculations specified in section 
3.9.1a though section 3.9.1d, as needed, for each indoor unit and 
assign to Qh\k\(35) the sum of the capacity results and 
assign to to Eh\k\(35) the average of the power results.
    12. In performance of section 3.9.2, for multi-split systems where 
each indoor unit operates independently and has an independent 
refrigeration circuit, determine the demand defrost credit for each 
indoor unit and assign the average of the result to Fdef.
    13. In performance of section 3.10, for multi-split systems where 
each indoor unit operates independently and has an independent 
refrigeration circuit, sum the average space heating capacity of each 
individual indoor unit test and assign to 
Qhk(17), and take the mean of the electrical 
power consumption of each indoor unit and assign to 
Ehk(17).

IV. Summary and Request for Comments

    Through today's notice, DOE announces receipt of ECR's petition for 
waiver from the test procedures applicable to residential central air 
conditioners and heat pumps, and grants an interim waiver to ECR. As 
part of this notice, DOE is publishing ECR's petition for waiver in its 
entirety pursuant to 10 CFR 431.401(b)(1)(iv). Confidential business 
information has been redacted from the petition. The

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petition includes a suggested alternate test procedure to measure the 
energy consumption of central air conditioners and heat pumps basic 
models. Furthermore, today's notice includes an alternate test 
procedure that ECR is required to follow as a condition of its interim 
waiver. ECR would be required to use this modified version of the 
Appendix M for testing and rating its products in accordance with the 
testing and certification requirements of 10 CFR part 429.
    DOE solicits comments from interested parties on all aspects of the 
petition. Any person submitting written comments to DOE must also send 
a copy of such comments to the petitioner. 10 CFR 430.27(d). The 
contact information for the petitioner is: Ronald J. Passafaro, 
President and Chief Executive Officer, ECR International, Inc., 2201 
Dwyer Ave., Utica, NY 13501. All submissions received must include the 
agency name and case number for this proceeding. Submit electronic 
comments in WordPerfect, Microsoft Word, Portable Document Format 
(PDF), or text (American Standard Code for Information Interchange 
(ASCII)) file format and avoid the use of special characters or any 
form of encryption. Wherever possible, include the electronic signature 
of the author. DOE does not accept telefacsimiles (faxes).
    According to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies to DOE: one copy of the document 
including all the information believed to be confidential, and one copy 
of the document with the information believed to be confidential 
deleted. DOE will make its own determination about the confidential 
status of the information and treat it according to its determination.

    Issued in Washington, DC, on July 31, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
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[FR Doc. 2013-18950 Filed 8-5-13; 8:45 am]
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