[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Proposed Rules]
[Pages 46870-46882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19232]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[Docket No. EERE-2015-BT-TP-0015]
RIN 1904-AD54


Energy Conservation Program: Test Procedures for Small, Large, 
and Very Large Air-Cooled Commercial Package Air Conditioning and 
Heating Equipment

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: In this notice of proposed rulemaking (NOPR), the U.S. 
Department of Energy (DOE) proposes to reaffirm that the currently 
prescribed test procedure must be used when measuring the energy 
efficiency ratio, integrated energy efficiency ratio, and coefficient 
of performance for small, large, and very large air-cooled commercial 
unitary air conditioners (CUAC) and commercial unitary heat pumps 
(CUHP). With this test procedure rulemaking, DOE fulfills its 
obligation under EPCA to review its test procedures for covered 
equipment at least once every seven years and either amend the 
applicable test procedures or publish a determination in the Federal 
Register not to amend them. The proposed amendments would limit the 
incorporation by reference of the industry test procedure AHRI Standard 
340/360-2007, ``2007 Standard for Performance Rating of Commercial and 
Industrial Unitary Air-Conditioning and Heat Pump Equipment'' to 
certain sections and addenda; specify requirements for indoor airflow 
tolerance and adjustment to meet other rating conditions; clarify 
requirements for condenser head pressure controls; clarify units of 
measurement for airflow; and establish a tolerance on part-load rating 
points. DOE also proposes to amend the certification, compliance, and 
enforcement provisions for CUACs and CUHPs to specify additional 
reporting requirements for indoor airflow and add enforcement 
provisions for verifying the rated cooling capacity, as the rated 
cooling capacity determines which class of equipment the product 
belongs to and also determines certain testing conditions.

DATES: DOE will hold a public meeting on this proposed test procedure 
if one is requested by August 13, 2015. If a public meeting is 
requested, DOE will announce its date and location on the DOE Web site 
and via email. The meeting will also be broadcast as a webinar. DOE 
will accept comments, data, and information regarding this notice of 
proposed rulemaking (NOPR) before and after any public meeting, but no 
later than September 8, 2015. See section V, ``Public Participation,'' 
for details.

ADDRESSES: Any comments submitted must identify the NOPR for Test 
Procedures for Small, Large, and Very Large Air-Cooled Commercial 
Package Air Conditioning and Heating Equipment, and provide docket 
number EERE-2015-BT-TP-0015 and/or regulatory information number (RIN) 
number 1904-AD54. Comments may be submitted using any of the following 
methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: [email protected] Include the docket 
number EERE-2015-BT-TP-0015 and/or RIN 1904-AD54 in the subject line of 
the message.
    3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue SW., 
Washington, DC, 20585-0121. If possible, please submit all items on a 
CD. It is not necessary to include printed copies.
    4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 
600, Washington, DC, 20024. Telephone: (202) 586-2945. If possible, 
please submit all items on a CD. It is not necessary to include printed 
copies.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section V, ``Public 
Participation,'' near the end of this document.
    Docket: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, comments, and other supporting 
documents/materials, is available for review at regulations.gov. All 
documents in the docket are listed in the regulations.gov index. 
However, some documents listed in the index, such as those containing 
information that is exempt from public disclosure, may not be publicly 
available.
    A link to the docket Web page can be found at: 
[www.regulations.gov/#!docketDetail;D=EERE-2015-BT-TP-0015]. This Web 
page contains a link to the docket for this notice on the 
regulations.gov site. The regulations.gov Web page contains 
instructions on how to access all documents, including public comments, 
in the docket. See section V for information on how to submit comments 
through regulations.gov.
    For further information on how to submit a comment, review other 
public comments and the docket, or participate in the public meeting, 
contact Ms. Brenda Edwards at (202) 586-2945 or by email: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Ashley Armstrong, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building

[[Page 46871]]

Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington, 
DC, 20585-0121. Telephone: (202) 586-9590, or email 
[email protected].
    For legal issues, please contact Mr. Michael Kido, U.S. Department 
of Energy, Office of the General Counsel, GC-33, 1000 Independence 
Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-8145. 
Email: [email protected].

SUPPLEMENTARY INFORMATION: DOE intends to incorporate by reference the 
following industry standard into part 429: ANSI/AHRI Standard 340/360-
2007, ``2007 Standard for Performance Rating of Commercial and 
Industrial Unitary Air-Conditioning and Heat Pump Equipment,'' approved 
by ANSI on October 27, 2011 and updated by addendum 1 in December 2010 
and addendum 2 in June 2011 (AHRI 340/360-2007) ANSI/AHRI Standard 340/
360-2007 is available at the Air-Conditioning, Heating, and 
Refrigeration Institute, 2111 Wilson Blvd., Suite 500, Arlington, VA 
22201, (703) 524-8800, or go to: http://www.ahrinet.org.

Table of Contents

I. Authority and Background
II. Summary of the Notice of Proposed Rulemaking
III. Discussion
    A. Amendments to the Current DOE Test Procedure
    1. Sections of ANSI/AHRI 340/360-2007 Incorporated by Reference
    2. Indoor Airflow Adjustment and Reporting
    3. Condenser Head Pressure Controls
    4. Unit of Measurement for Airflow
    5. Tolerance on Percent Load for IEER Part-Load Tests
    B. Certification and Enforcement Issues
    1. Measuring Cooling Capacity for Purposes of Certification, 
Assessment, and Enforcement
    2. Compliance Dates of the Test Procedure Amendments
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Description of Material Incorporated by Reference
V. Public Participation
    A. Submission of Comments
    B. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Authority and Background

    Title III of the Energy Policy and Conservation Act of 1975 (42 
U.S.C. 6291, et seq.; ``EPCA'' or, ``the Act'') sets forth a variety of 
provisions designed to improve energy efficiency. (All references to 
EPCA in this document refer to the statute as amended through the 
Energy Efficiency Improvement Act of 2015, Pub. L. 114-11 (Apr. 30, 
2015).) Part C of Title III, which for editorial reasons was 
redesignated as Part A-1 upon incorporation into the U.S. Code (42 
U.S.C. 6311-6317, as codified), establishes the Energy Conservation 
Program for Certain Commercial and Industrial Equipment. This equipment 
includes small, large, and very large air-cooled commercial package air 
conditioning and heating equipment--which includes commercial unitary 
air conditioners (CUACs) and commercial unitary heat pumps (CUHPs), the 
subjects of today's notice. (42 U.S.C. 6311(1)(B)-(D))
    Under EPCA, the energy conservation program consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. The 
testing requirements consist of test procedures that manufacturers of 
covered equipment must use as the basis for (1) certifying to DOE that 
their equipment complies with applicable energy conservation standards 
adopted under EPCA, and (2) making representations about the efficiency 
of the equipment. Similarly, DOE must use these test procedures to 
determine whether the equipment complies with any relevant standards 
promulgated under EPCA.

General Test Procedure Rulemaking Process

    In 42 U.S.C. 6314, EPCA sets forth the general criteria and 
procedures DOE must follow when prescribing or amending test procedures 
for covered equipment. EPCA provides in relevant part that any test 
procedures prescribed or amended under this section must be reasonably 
designed to produce test results which measure energy efficiency, 
energy use or estimated annual operating cost of a covered product 
during a representative average use cycle or period of use and must not 
be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2)) In addition, if 
DOE determines that a test procedure amendment is warranted, it must 
publish proposed test procedures and offer the public an opportunity to 
present oral and written comments on them. (42 U.S.C. 6314(b))
    DOE is also required by EPCA to conduct an evaluation of test 
procedures at least every seven years for each class of covered 
equipment (including CUACs and CUHPs) to determine if an amended test 
procedure would more accurately or fully comply with the requirement to 
be reasonably designed to produce test results that reflect the energy 
efficiency, energy use, and operating costs during a representative 
average use cycle. DOE must either prescribe amended test procedures or 
publish a notice in the Federal Register regarding its determination 
not to amend test procedures. (42 U.S.C. 6314(a)(1)-(2))

Background

    DOE's test procedure for CUACs and CUHPs is codified at Title 10 of 
the Code of Federal Regulations (CFR), section 431.96. The current 
regulations require that manufacturers use ANSI/AHRI Standard 340/360-
2007, ``2007 Standard for Performance Rating of Commercial and 
Industrial Unitary Air-Conditioning and Heat Pump Equipment'' 
(henceforth referred to as ANSI/AHRI 340/360-2007) when measuring the 
efficiency of a given CUAC or CUHP and certifying that equipment as 
compliant with the applicable standard.\1\ 77 FR 28928, 28990 (May 16, 
2012).
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    \1\ DOE notes that for purposes of this notice, all references 
to ANSI/ASHRAE 340/360-2007 include Addenda 1 and 2 to this 
industry-based standard.
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    On February 1, 2013, DOE published a request for information and 
notice of document availability regarding energy conservation standards 
for CUACs and CUHPs. 78 FR 7296. The request for information solicited 
information from the public to help DOE determine whether national 
standards more stringent than those that are currently in place would 
result in a significant amount of additional energy savings and whether 
those national standards would be technologically feasible and 
economically justified. DOE also sought information from the public on 
the merits of adopting the integrated energy efficiency ratio (IEER) as 
the energy efficiency descriptor for small, large, and very large air-
cooled commercial air conditioners and heat pumps. Currently, 
manufacturers must measure the energy efficiency of their equipment 
using the energy efficiency ratio (EER), which provides a measurement 
of the full-load efficiency of a given unit. The procedure to follow 
when measuring and calculating that value, like the proposed IEER 
metric, is found in ANSI/ASHRAE

[[Page 46872]]

340/360-2007. See ANSI/ASHRAE 340/360-2007 at sec. 6. Comments received 
on the topic of IEER are discussed in a related energy conservation 
standards NOPR, which was published in September 2014. 79 FR 58948 
(Sept. 30, 2014).
    Subsequently, on April 1, 2015, DOE issued a notice of intent to 
establish the Commercial Package Air Conditioners and Heat Pumps and 
Commercial Warm Air Furnaces Working Group to negotiate either a notice 
of proposed rulemaking (NOPR) or final rule for energy conservation 
standards for this equipment. 80 FR 17363. This Working Group was 
established under the Appliance Standards and Rulemaking Federal 
Advisory Committee (ASRAC) in accordance with the Federal Advisory 
Committee Act and the Negotiated Rulemaking Act. See 5 U.S.C. 
Appendix--Federal Advisory Committee Act and 5 U.S.C. 561-570a. The 
Working Group, which consisted of 17 members, including one member from 
ASRAC and one DOE representative, met six times (five times in-person 
and once by teleconference). The meetings were held on April 28, May 
11-12, May 20-21, June 1-2, June 9-10, and June 15, 2015. The Working 
Group successfully reached consensus on energy conservation standards 
for commercial package air conditioners and heat pumps and commercial 
warm air furnaces, which included the Working Group's recommendations 
to ASRAC on the energy conservation standards. The group also chose to 
provide test procedure and metric-related recommendations to the 
committee. ASRAC voted unanimously to approve the Working Group's 
recommendations on June 17, 2015. Consistent with those 
recommendations, DOE proposes to amend the test procedure and 
associated certification regulations for small, large, and very large 
air-cooled commercial package air conditioning and heating equipment to 
implement the Working Group's recommendations. Participants in the 
Working Group consisted of the following entities aside from DOE:

------------------------------------------------------------------------
          Participant            Acronym, abbreviation     Affiliation
------------------------------------------------------------------------
Air Conditioning Contractors    ACCA..................  Contractor/
 of America.                                             Installer
                                                         Group.
Air-Conditioning, Heating, and  AHRI..................  HVAC
 Refrigeration Institute.                                Manufacturers
                                                         Group.
Appliance Standards Awareness   ASAP..................  Energy
 Project.                                                Efficiency
                                                         Advocacy Group.
Emerson Climate Technologies..  Emerson...............  Manufacturer.
Goodman Manufacturing.........  Goodman...............  Manufacturer.
Lennox International..........  Lennox................  Manufacturer.
Mitsubishi Electric...........  Mitsubishi............  Manufacturer.
Natural Resources Defense       NRDC..................  Energy
 Council.                                                Efficiency
                                                         Advocacy Group.
Northwest Energy Efficiency     NEEA..................  Energy
 Alliance.                                               Efficiency
                                                         Advocacy Group.
Pacific Gas & Electric          Cal. IOUs.............  Investor-Owned
 Company, San Diego Gas &                                Utilities.
 Electric Company, Southern
 California Edison, and
 Southern California Gas
 Company.
Rheem Manufacturing Company...  Rheem.................  Manufacturer.
Sheet Metal and Air             SMACCNA...............  Contractor/
 Conditioning Contractors                                Installer
 National Association, Inc..                             Group.
Trane/Ingersoll Rand..........  Trane.................  Manufacturer.
United Technologies             Carrier...............  Manufacturer.
 Corporation (Carrier).
Underwriters Laboratories.....  UL....................  Test Lab.
------------------------------------------------------------------------

    DOE considers the activity associated with this rulemaking 
sufficient to satisfy the statutory requirement that DOE review its 
test procedures for all covered equipment, including CUACs and CUHPs, 
at least once every seven years and either amend the applicable test 
procedures or publish a determination in the Federal Register not to 
amend them. (42 U.S.C. 6314(a)(1))

II. Summary of the Notice of Proposed Rulemaking

    DOE is proposing several amendments to its regulations related to 
the test procedures prescribed for CUACs and CUHPs in 10 CFR part 431, 
subpart F. First, DOE proposes to amend the current DOE test procedure 
to incorporate only certain sections of ANSI/AHRI 340/360-2007 rather 
than in its entirety. Second, DOE proposes amendments to incorporate a 
tolerance on the indoor airflow rate. In particular, during full load 
testing in cooling mode, the indoor airflow rate would be required to 
remain within +/-5 percent of the rated full-load indoor airflow. The 
unit and/or test facility must be adjusted to maintain this tolerance 
for indoor airflow rate while ensuring that the ESP remains within the 
tolerance required by the test procedure. For any other condition using 
full-load airflow (e.g. full-load heating for a heat pump), the +/-5 
percent tolerance would also apply and, if necessary, a test facility 
adjustment would be made in order to maintain air flow within the 
required tolerance, but the unit itself may not be adjusted. Third, DOE 
proposes to clarify that condenser head pressure controls, if included 
with the unit, must be active during testing. Fourth, DOE proposes to 
clarify that reference to cubic feet per minute (CFM) in ANSI/AHRI 340/
360-2007 must be interpreted as referring to standard CFM (SCFM). 
Fifth, DOE proposes that when conducting part-load testing to measure 
IEER, the difference between the percent load calculated for a part-
load test point and its target value may be as much as three percent 
without requiring interpolation or application of the cyclic 
degradation factor specified in ANSI/AHRI 340/360-2007. Sixth, DOE 
proposes to amend the certification, compliance, and enforcement 
provisions for CUACs and CUHPs. These amendments include adding 
enforcement provisions for verifying the cooling capacity, as the 
cooling capacity determines which class of equipment the product 
belongs to and also determines certain testing conditions. Lastly, DOE 
has proposed a definition of integrated energy efficiency ratio (IEER).
    DOE believes that none of these clarifications or amendments would 
result in any changes to the energy efficiency of current equipment. 
Representations of energy efficiency metrics would be required to be 
based on the amended test procedure beginning 360 days after the date 
of publication of the final rule. 42 U.S.C. 6314(d) (prescribing a 360-
day period after a test procedure's publication by which manufacturer 
representations of energy consumption or energy costs must be based on 
that procedure).

[[Page 46873]]

III. Discussion

A. Amendments to the Current DOE Test Procedure

    DOE proposes making several amendments to the current DOE test 
procedure, which incorporates ANSI/AHRI 340/360-2007 by reference. 
These amendments are detailed below.
1. Sections of ANSI/AHRI 340/360-2007 Incorporated by Reference
    Currently, 10 CFR 431.96, Table 2, specifies that when measuring 
the energy efficiency of CUACs and CUHPs using the metrics EER and 
coefficient of performance (COP), ANSI/AHRI 340/360-2007 must be used, 
but omitting section 6.3 of that industry testing standard. DOE 
proposes that when testing CUACs and CUHPs using the EER, COP, and IEER 
metrics, only certain sections of ANSI/AHRI 340/360-2007 are required, 
specifically sections 3, 4, and 6 (but, again, omitting section 6.3), 
rather than applying the entirety of ANSI/AHRI 340/360-2007. The 
sections DOE proposes to incorporate are those that include the 
relevant testing provisions that apply directly to the DOE test 
procedure, while the excluded sections contain provisions unrelated to 
the DOE test procedure. DOE proposes not to incorporate section 5 of 
ANSI/AHRI 340/360-2007, which consists of a single sentence referring 
to use of ASHRAE 37, ``Methods of Testing for Rating Unitary Air-
Conditioning and Heat Pump Equipment,'' for test methods and 
procedures. DOE proposes this change because the version of this test 
method is not specified. Instead, DOE proposes to incorporate by 
reference the most recent version of this test procedure--ANSI/ASHRAE 
37-2009. The test standard would be listed in 10 CFR 431.95, and 
incorporated by reference in 10 CFR 431.96. In case of a conflict 
between ANSI/AHRI 340/360-2007 or ANSI/ASHRAE 37-2009 and the CFR, the 
CFR provisions control.
2. Indoor Airflow Adjustment and Reporting
    Section 6.1.3.2 of ANSI/AHRI 340/360-2007 establishes minimum 
external static pressure (ESP) rating requirements for different 
equipment capacities and requirements for the indoor-coil airflow rate 
for determining standard ratings. DOE notes that AHRI 340/360 also 
refers to ESP as ``external pressure'' and ``external resistance.'' 
Section 6.1.3.2 establishes a tolerance of -0 in. H2O to 
+0.05 in. H2O for ESP (i.e., the measured ESP may not be any 
lower but can be up to 0.05 in. H2O higher than the required 
minimum) but does not contain a tolerance for the airflow rate. 
Manufacturers are currently required to report, among other 
information, the model number and specifications of the motor and the 
drive kit, including settings, associated with that specific motor that 
were used to determine the certified rating; as well as the rated 
airflow in SCFM for each fan coil; in the supplemental information 
submitted with the certification report for the unit. (See 10 CFR 
429.43(b)(4)(i))
    DOE proposes that any subsequent testing (e.g., DOE assessment and 
enforcement testing) must use the same motor and drive assembly and 
settings specified in the certification information, and that the party 
conducting testing would be required to ensure that the ESP is within 
the tolerances set forth in Section 6.1.3.2 of ANSI/AHRI 340/360-2007 
and must verify that the indoor airflow rate is within +/-5 percent of 
the manufacturer-rated full-load indoor airflow rate. If the indoor 
airflow in SCFM measured at the required ESP is outside the +/-5 
percent tolerance, the unit and/or test facility must be adjusted to 
set up the unit such that both the airflow and ESP are within the 
required tolerances. This process may include, but is not limited to, 
adjusting any adjustable motor sheaves, adjusting variable frequency 
drive (VFD) settings, or adjusting the code tester fan. DOE believes 
that the proposed 5 percent tolerance on airflow is an appropriate 
compromise of test burden and precision because holding this tolerance 
has been possible without difficulty in DOE's own testing, and because 
testing and analysis shows that the impact of up to 5 percent airflow 
rate variation on capacity and IEER is minimal. For example, DOE 
testing of a 7.5-ton CUAC unit suggested that 5 percent variation in 
the full-load airflow would cause 0.5 percent variation in EER and 0.8 
percent variation in capacity. DOE also used data available in 
manufacturer data sheets to calculate IEER as a function of indoor 
airflow for several commercial air conditioners and determined that a 5 
percent variation in airflow would be expected to cause, on average, a 
1.5 percent variation in IEER. (See EERE-2015-BT-TP-0015.) DOE requests 
comment on the appropriateness of the +/-5 percent tolerance and/or 
data that might show that a different tolerance level might be more 
appropriate. This is Issue 1 in section V.B, ``Issues on Which DOE 
Seeks Comment.''
    ANSI/AHRI 340/360-2007, section 6.1.3.2.e specifies that the full-
load cooling airflow rate must be employed for any other condition 
using full-load air flow (e.g., full-load heating) without regard to 
resulting ESP. DOE proposes that the +/-5 percent tolerance for air 
flow rate must be applied for these other conditions as well. If 
necessary, a test facility adjustment may have to be made in order to 
maintain air flow within the required tolerance; for example, 
adjustment of the code tester fan may be needed to ensure air flow 
within the specified tolerance range even if the ESP is no longer 
within the range specified for operation in full-capacity cooling mode. 
(In this situation, the tester would not adjust the unit under test.) 
DOE requests comments on this interpretation and clarification of the 
requirements of ANSI/AHRI 340/360-2007, section 6.1.3.2.e, regarding 
operation in modes other than full-capacity cooling. This is Issue 2 in 
section V.B, ``Issues on Which DOE Seeks Comment.''
    DOE realizes that some units may be designed to operate with a 
different indoor airflow rate for cooling or heating mode, such as when 
the unit incorporates variable speed indoor fans. In that case, DOE 
proposes that manufacturers would report the individual indoor airflow 
rates in cooling and heating mode. DOE is proposing this approach in 
order to capture air flow rates used in the different full-load tests 
(i.e., heating and cooling). DOE requests comment on whether marketed 
units actually operate in this manner, and if so, whether this proposed 
provision would be appropriate for such units. This is Issue 3 in 
section V.B, ``Issues on Which DOE Seeks Comment.''
    DOE also proposes that a manufacturer must include in its 
certification report the adjusted indoor airflow at each part-load 
condition. Inclusion of these part-load air flow rates would allow 
confirmation that, during any subsequent third-party testing, the 
equipment is operating at part-load as rated.
3. Condenser Head Pressure Controls
    Note 2 of Table 6 of ANSI/AHRI 340/360-2007 specifies that 
condenser airflow should be adjusted as required by the unit controls 
for head pressure control. Condenser head pressure controls regulate 
the flow of refrigerant through the condenser and/or adjust operation 
of condenser fans to prevent condenser pressures from dropping too low 
during low-ambient operation. When employed, these controls ensure that 
the refrigerant pressure is high enough to maintain adequate flow 
through refrigerant expansion devices such as thermostatic expansion 
valves. The use of condenser head pressure controls influences a unit's 
performance, making it important that

[[Page 46874]]

this feature be operating during the test because it would be operating 
in the field. DOE proposes to specify that condenser head pressure 
controls, if included with the unit, must be active during testing.
    The use of condenser head pressure controls may prevent a unit from 
reaching steady state prior to testing. For example, a unit employing 
condenser head pressure control might cycle a condenser fan to control 
head pressure. The current DOE test procedure does not address such 
operation. Hence, if a unit with condenser head pressure controls 
cannot achieve steady-state operation with the controls active, and 
thus cannot be tested, the manufacturer would have to request a waiver. 
See 10 CFR 431.401 (``Any interested person may submit a petition to 
waive for a particular basic model the requirements of any uniform test 
method contained in this part, upon the grounds that . . . the basic 
model contains one or more design characteristics that prevent testing 
of the basic model according to the prescribed test procedures.'') DOE 
requests comment on whether there are any units sold for which this 
might occur and what changes, if any, may be needed to DOE's proposal 
to address this scenario. This is Issue 4 in section V.B, ``Issues on 
Which DOE Seeks Comment.''
4. Unit of Measurement for Airflow
    ANSI/AHRI 340/360-2007 lacks clarity regarding references to CFM as 
opposed to SCFM. In order to resolve this, DOE proposes that all 
instances of CFM as a unit of airflow must be interpreted to mean SCFM 
where they appear in the sections of ANSI/AHRI 340/360-2007 
incorporated by reference in 10 CFR part 431, subpart F.
5. Tolerance on Percent Load for IEER Part-Load Tests
    For calculating IEER, section 6.2.2 of ANSI/AHRI 340/360-2007 
specifies that the unit efficiency must be determined at 100 percent, 
75 percent, 50 percent, and 25 percent load (defined as part-load net 
cooling capacity divided by full-load net cooling capacity, then 
multiplied by 100 percent) at the conditions specified in Table 6 of 
ANSI/AHRI 340/360-2007 (Table 6). ANSI/AHRI 340/360-2007 also provides 
instruction for when a unit cannot operate at the 75 percent, 50 
percent, and 25 percent part-load test points, but does not specify a 
tolerance for the percent load, i.e. how much can the load deviate from 
the part-load test point and still be considered operating at the part-
load test point. For example, if the calculated percent load for one of 
the part-load tests is 75.5 percent, are the results of this test 
acceptable for use as the 75 percent part-load test point condition?
    DOE proposes to apply a +/-3 percent tolerance to each part load 
test point. In other words, the difference between the percent load 
calculated for a part-load test point and its target value may be as 
much as 3 percent and still be considered to be operating at the target 
part-load test point. DOE anticipates that this proposal will reduce 
testing time and burden by eliminating additional part-load tests in 
cases where operation closely approaches but does not exactly meet the 
target part-load test points. DOE requests comment on establishing this 
tolerance and on the appropriateness of the proposed tolerance level. 
This is Issue 5 in section V.B, ``Issues on Which DOE Seeks Comment.''

B. Certification and Enforcement Issues

1. Measuring Cooling Capacity for Purposes of Certification, 
Assessment, and Enforcement
    Manufacturers must certify and report CUAC and CUHP cooling 
capacity (in Btu/h) when certifying the efficiency of this equipment, 
per 10 CFR 429.43(b)(2). The cooling capacity represented by 
manufacturers for certification and compliance purposes must be 
determined through testing in accordance with 10 CFR 431.96. DOE 
proposes that the cooling capacity certified to DOE for a given basic 
model must be the average of the capacities measured for the sample of 
units tested to certify that basic model, rounded according to the 
multiples in Table 4 in ANSI/AHRI 340/360-2007.
    DOE proposes that when conducting assessment and enforcement 
testing, the total cooling capacity must be measured pursuant to the 
test requirements of 10 CFR 431.96 for each unit tested, and the 
results of the measurement(s) (either the measured cooling capacity for 
a single unit sample or the average of the measured cooling capacities 
for a multiple-unit sample) compared to the value of cooling capacity 
certified by the manufacturer. The manufacturer-certified cooling 
capacity will be considered valid if the cooling capacity determined 
through DOE testing is within five percent of the certified cooling 
capacity.
2. Compliance Dates of the Test Procedure Amendments
    In amending a test procedure for small, large, or very large 
commercial package air conditioning and heating equipment, EPCA directs 
DOE to determine to what extent, if any, the test procedure would alter 
the measured energy efficiency or measured energy use of a covered 
product. (42 U.S.C. 6314(a)(4)) If the amended test procedure alters 
the measured energy efficiency or measured energy use, the Secretary 
must amend the applicable energy conservation standard accordingly. (42 
U.S.C. 6314(a)(4) (requiring that the provisions of 42 U.S.C. 6293(e), 
which includes determining the impact that changes to a test procedure 
would have on the measured energy efficiency or energy use of a covered 
product))
    In DOE's view, no aspect of this NOPR is likely to alter the 
measured efficiency of CUACs and CUHPs. These proposed amendments, 
which follow the Working Group's recommendations, relate to DOE's 
efforts to establish amended energy conservation standards for CUACs 
and CUHPs. As part of that standards rulemaking effort, DOE had 
proposed, and the Working Group adopted, an approach that would base 
the amended standards for this equipment on IEER instead of EER. See 79 
FR 58947 at 58956 (September 30, 2014); ASRAC Commercial Package Air 
Conditioners and Commercial Warm Air Furnaces Working Group Term Sheet, 
at 2 (June 15, 2015). DOE has also proposed a definition of IEER to 
support the Working Group's approach. Consistent with this transition 
to IEER as the reporting metric for this equipment, DOE proposes to 
require the reporting of indoor part-load airflow rates used in the 
IEER calculation as of the compliance date of the new standard. DOE 
also proposes another amendment associated with the measurement of 
IEER--applying a +/- 3 percent tolerance to each part-load test point 
for IEER ratings. This proposed amendment, if adopted, would be 
required as of the compliance date of the new standard.
    The proposed amendments not specifically related to IEER would, 
rather than alter the measured efficiency or measured energy use of 
CUAC and CUHP equipment, clarify how to test this equipment. These 
proposed amendments would limit the incorporation by reference of ANSI/
AHRI 340/360-2007 to certain sections, establish a tolerance on full-
load indoor airflow, add condenser head pressure control requirements, 
and clarify units of measurement for airflow. These proposals, if 
adopted, would result in no procedural changes related to how testing 
would be performed. These proposed amendments, if adopted,

[[Page 46875]]

would become effective 30 days after publication of the final rule in 
the Federal Register. Consistent with 42 U.S.C. 6314(d), any 
representations of energy consumption of CUACs and CUHPs must be based 
on any final amended test procedures 360 days after the publication of 
the test procedure final rule.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget (OMB) has determined that test 
procedure rulemakings do not constitute ``significant regulatory 
actions'' under section 3(f) of Executive Order 12866, Regulatory 
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this 
action was not subject to review under the Executive Order by the 
Office of Information and Regulatory Affairs (OIRA) in the Office of 
Management and Budget.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (IRFA) for 
any rule that by law must be proposed for public comment, unless the 
agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's Web site: http://energy.gov/gc/office-general-counsel.
    DOE reviewed today's proposed rule under the provisions of the 
Regulatory Flexibility Act and the procedures and policies published on 
February 19, 2003. This proposed rule prescribes test procedures that 
will be used to test compliance with energy conservation standards for 
the equipment that are the subject of this rulemaking. DOE has 
tentatively concluded that the proposed rule would not have a 
significant impact on a substantial number of small entities.
    For manufacturers of small, large, and very large air-cooled CUAC 
and CUHP, the Small Business Administration (SBA) has set a size 
threshold, which defines those entities classified as ``small 
businesses'' for the purposes of the statute. DOE used the SBA's small 
business size standards to determine whether any small entities would 
be subject to the requirements of the rule. 65 FR 30836, 30848 (May 15, 
2000), as amended at 65 FR 53533, 53544 (Sept. 5, 2000) and codified at 
13 CFR part 121. The size standards are listed by North American 
Industry Classification System (NAICS) code and industry description 
and are available at http://www.sba.gov/category/navigation-structure/contracting/contracting-officials/small-business-size-standards. 
Manufacturing of small, large, and very large air-cooled CUAC and CUHP 
is classified under NAICS 333415, ``Air-Conditioning and Warm Air 
Heating Equipment and Commercial and Industrial Refrigeration Equipment 
Manufacturing.'' The SBA sets a threshold of 750 employees or less for 
an entity to be considered as a small business for this category. DOE 
initially identified 12 potential manufacturers of commercial packaged 
air conditioners sold in the U.S. DOE then determined that 10 were 
large manufacturers, manufacturers that are foreign-owned and -
operated, or manufacturers that do not produce products covered by this 
rulemaking. DOE was able to determine that 2 manufacturers meet the 
SBA's definition of a ``small business'' and manufacture products 
covered by this rulemaking.
    DOE expects the impact of the proposed rule on manufacturers, 
including small businesses, to be minimal. The proposed rule would 
amend DOE's certification requirements to specify additional reporting 
requirements and add enforcement provisions for verifying cooling 
capacity. The proposed rule would also clarify or amend DOE's test 
procedures to amend AHRI Standard 340/360-2007, ``2007 Standard for 
Performance Rating of Commercial and Industrial Unitary Air-
Conditioning and Heat Pump Equipment,'' to incorporate certain sections 
by reference, specify requirements for airflow adjustment and tolerance 
to meet other rating conditions, require units with condenser head 
pressure controls to be tested with those controls active, clarify the 
unit of measurement for airflow, and establish a tolerance on part-load 
rating points.
    The Working Group has recommended amended energy conservation 
standards rulemaking that the standards will be based on the metric of 
integrated energy efficiency ratio (IEER) instead of energy efficiency 
ratio (EER). DOE expects the impact on test burden to be modest. AHRI 
ratings already include IEER, indicating that many manufacturers, 
representing a large portion of the market, already determine IEER for 
their units. ANSI/ASHRAE/IES Standard 90.1-2013--Energy Standard for 
Buildings Except Low-Rise Residential Buildings (ASHRAE 90.1-2013) has 
adopted an IEER requirement, which makes reporting of IEER necessary 
for shipment to those states and localities that will adopt that 
standard in building codes. Current procedures relating to alternative 
efficiency determination methods (AEDMs), including procedures for 
certifying IEER, require a limited amount of testing to be conducted 
when validating an AEDM for CUACs and CUHPs. 10 CFR 429.70(c)(2)(iv) 
(detailing the minimum number of distinct basic models required to be 
test for purposes of AEDM validation for different equipment types and 
classes) . DOE expects that most CUAC and CUHP ratings will be based on 
results obtained from AEDMs. Although DOE recognizes that some ratings 
will be based on testing, DOE expects these ratings to comprise a small 
minority of products.
    However, to help DOE better understand the burdens when measuring 
IEER instead of EER, DOE requests comment and data on manufacturer 
expectations of the number of models that will likely be tested rather 
than rated with an AEDM. DOE encourages confidential data submissions 
if necessary in order to ensure that such data can be provided.
    For these reasons, DOE certifies that this proposed rule would not 
have a significant economic impact on a substantial number of small 
entities. Accordingly, DOE has not prepared a regulatory flexibility 
analysis for this rulemaking. DOE will transmit the certification and 
supporting statement of factual basis to the Chief Counsel for Advocacy 
of the SBA for review under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of small, large, and very large air-cooled CUAC and 
CUHP equipment must certify to DOE that their equipment complies with 
any applicable energy conservation standards. In certifying compliance, 
manufacturers must test their equipment according to the appropriate 
DOE test procedures for this equipment, including any applicable 
amendments. DOE has established regulations for the certification and 
recordkeeping requirements for all covered consumer products and 
commercial equipment, including CUACs and CUHPs. See 10

[[Page 46876]]

CFR part 429, subpart B. The collection-of-information requirement for 
the certification and recordkeeping is subject to review and approval 
by OMB under the Paperwork Reduction Act (PRA).
    In the Certification of Commercial Equipment Final Rule published 
in May 2014, DOE amended existing regulations governing compliance 
certification for a variety of commercial equipment covered by EPCA, 
which affected CUAC and CUHP manufacturers. 79 FR 25486 at 25502 (May 
5, 2014). In today's NOPR, DOE proposes to amend its certification 
requirements to specify additional reporting requirements. DOE does not 
believe that these additions to the certification requirements 
constitute a significant additional burden upon respondents, as they 
require minimal additional information to what manufacturers must 
already report in their certification reports. DOE believes that the 
Certification of Commercial Equipment Final Rule provides an accurate 
estimate of the existing burden on respondents and would continue to 
apply to the relevant aspects of the proposed amendments. See 79 FR at 
25496-25498 (detailing burden estimates and indicating an average 
burden of approximately 30 hours per company on an annual basis). OMB 
has approved the revised information collection for DOE's certification 
and recordkeeping requirements. 80 FR 5099 (January 30, 2015).
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this proposed rule, DOE proposes test procedure amendments that 
it expects will be used to develop and implement future energy 
conservation standards for commercial unitary air conditioners and 
commercial unitary heat pumps. DOE has determined that this rule falls 
into a class of actions that are categorically excluded from review 
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and DOE's implementing regulations at 10 CFR part 1021. 
Specifically, this proposed rule would amend the existing test 
procedures without affecting the amount, quality or distribution of 
energy usage, and, therefore, would not result in any environmental 
impacts. Thus, this rulemaking is covered by Categorical Exclusion A5 
under 10 CFR part 1021, subpart D, which applies to any rulemaking that 
interprets or amends an existing rule without changing the 
environmental effect of that rule. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999) 
imposes certain requirements on agencies formulating and implementing 
policies or regulations that preempt State law or that have Federalism 
implications. The Executive Order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and to carefully assess 
the necessity for such actions. The Executive Order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have Federalism implications. On March 14, 2000, DOE 
published a statement of policy describing the intergovernmental 
consultation process it will follow in the development of such 
regulations. 65 FR 13735. DOE has examined this proposed rule and has 
determined that it would not have a substantial direct effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. EPCA governs and prescribes Federal 
preemption of State regulations as to energy conservation for the 
equipment that is the subject of today's proposed rule. States can 
petition DOE for exemption from such preemption to the extent, and 
based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further 
action is required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
Eliminate drafting errors and ambiguity; (2) write regulations to 
minimize litigation; (3) provide a clear legal standard for affected 
conduct rather than a general standard; and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation: (1) Clearly specifies the 
preemptive effect, if any; (2) clearly specifies any effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction; 
(4) specifies the retroactive effect, if any; (5) adequately defines 
key terms; and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires Executive 
agencies to review regulations in light of applicable standards in 
sections 3(a) and 3(b) to determine whether they are met or it is 
unreasonable to meet one or more of them. DOE has completed the 
required review and determined that, to the extent permitted by law, 
the proposed rule meets the relevant standards of Executive Order 
12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a proposed regulatory action likely to result in a rule that may 
cause the expenditure by State, local, and Tribal governments, in the 
aggregate, or by the private sector of $100 million or more in any one 
year (adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; also available 
at http://energy.gov/gc/office-general-counsel. DOE examined this 
proposed rule according to UMRA and its statement of policy and 
determined that the proposed rule contains neither an intergovernmental 
mandate, nor a mandate that may result in the expenditure of $100 
million or more in

[[Page 46877]]

any year, so these requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This rule would not have any impact on the autonomy or integrity of the 
family as an institution. Accordingly, DOE has concluded that it is not 
necessary to prepare a Family Policymaking Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'' 53 FR 8859 (March 18, 1988), that this regulation would not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has 
reviewed today's proposed rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgated or is expected to lead to promulgation of a 
final rule, and that: (1) Is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use.
    Today's regulatory action to amend the test procedure for measuring 
the energy efficiency of CUACs and CUHPs is not a significant 
regulatory action under Executive Order 12866. Moreover, it would not 
have a significant adverse effect on the supply, distribution, or use 
of energy, nor has it been designated as a significant energy action by 
the Administrator of OIRA. Therefore, it is not a significant energy 
action, and, accordingly, DOE has not prepared a Statement of Energy 
Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA) 
Section 32 essentially provides in relevant part that, where a proposed 
rule authorizes or requires use of commercial standards, the notice of 
proposed rulemaking must inform the public of the use and background of 
such standards. In addition, section 32(c) requires DOE to consult with 
the Attorney General and the Chairman of the Federal Trade Commission 
(FTC) concerning the impact of the commercial or industry standards on 
competition.
    The proposed rule incorporates testing methods contained in the 
following commercial standards: ANSI/AHRI Standard 340/360-2007 and 
ANSI/ASHRAE Standard 37-2009. The Department has evaluated these 
standards and is unable to conclude whether they fully comply with the 
requirements of section 32(b) of the FEAA, (i.e., that they were 
developed in a manner that fully provides for public participation, 
comment, and review). DOE will consult with the Attorney General and 
the Chairman of the FTC concerning the impact of these test procedures 
on competition, prior to prescribing a final rule.

M. Description of Materials Incorporated by Reference

    DOE is proposing to incorporate by reference ANSI/AHRI Standard 
340/360-2007 (with Addenda 1 and 2), ``2007 Standard for Performance 
Rating of Commercial and Industrial Unitary Air-Conditioning and Heat 
Pump Equipment.'' This is an industry-accepted standard used by 
manufacturers when testing and rating the performance of commercial and 
industrial unitary air-conditioning and heat pump equipment. Copies of 
this testing standard are available for download at http://www.ahrinet.org/App_Content/ahri/files/standards%20pdfs/ANSI%20standards%20pdfs/ANSI%20AHRI%20Standard%20340-360-2007%20with%20Addenda%201%20and%202.pdf.

V. Public Participation

A. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule before or after the public meeting, but no later than the 
date provided in the DATES section at the beginning of this proposed 
rule. Interested parties may submit comments using any of the methods 
described in the ADDRESSES section at the beginning of this notice.
    Submitting comments via regulations.gov. The regulations.gov Web 
page will require you to provide your name and contact information. 
Your contact information will be viewable to DOE Building Technologies 
staff only. Your contact information will not be publicly viewable 
except for your first and last names, organization name (if any), and 
submitter representative name (if any). If your comment is not 
processed properly because of technical difficulties, DOE will use this 
information to contact you. If DOE cannot read your comment due to 
technical difficulties and cannot contact you for clarification, DOE 
may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to 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 regulations.gov cannot 
be claimed as CBI. Comments received through the Web site will waive 
any CBI claims for

[[Page 46878]]

the information submitted. For information on submitting CBI, see the 
Confidential Business Information section.
    DOE processes submissions made through 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 regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to regulations.gov. If you do not want your personal contact 
information to be publicly viewable, do not include it in your comment 
or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed copies. No facsimiles (faxes) will be 
accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery two well-marked copies: One copy 
of the document marked confidential including all the information 
believed to be confidential, and one copy of the document marked non-
confidential with the information believed to be confidential deleted. 
Submit these documents via email or on a CD, if feasible. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) when such information might lose its 
confidential character due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

B. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the following issues:
    1. DOE proposes that when conducting full-load cooling tests with 
the appropriate external static pressure (ESP) condition in Table 5 of 
ANSI/AHRI 340/360-2007, the tester must use the motor and drive kit 
that was used to determine the certified rating, as specified in the 
manufacturer's certification information. During such testing, the 
indoor airflow must be within +/-5 percent of the manufacturer's rated 
full-load indoor airflow rate. If the indoor airflow at the required 
ESP is outside the +/-5 percent tolerance, make necessary adjustments 
to the test setup and/or the unit such that both the airflow and ESP 
are within the required tolerances. DOE requests comment on the 
appropriateness of the +/-5 percent tolerance and/or data showing that 
a different tolerance level might be more appropriate, as well as 
feedback on the burden of maintaining airflow within the tolerance. See 
section III.A.2 for details.
    2. Section 6.1.3.2.e of ANSI/AHRI 340/360-2007 specifies that the 
full-load cooling airflow rate must be maintained for any other 
condition using full-load air flow (e.g., full-load heating) without 
regard to resulting ESP. DOE proposes that in this situation, the +/-5 
percent tolerance on the full-load cooling airflow rate must also 
apply. To maintain the airflow within the required tolerance, the 
tester may make adjustments to the test facility or apparatus, but not 
the unit being tested. DOE requests comments on this interpretation and 
clarification of the requirements of section 6.1.3.2.e of ANSI/AHRI 
340/360-2007 regarding operation in modes other than full-capacity 
cooling. See section III.A.2 for details.
    3. For all units, certification requirements already include 
reporting of the indoor airflow at full capacity cooling operation. If 
units are designed to operate with a different indoor airflow for 
cooling and heating mode, DOE proposes that manufacturers would 
separately report the indoor airflow in cooling and heating mode. DOE 
requests comment on whether this approach is appropriate and also 
requests comment on whether any units in the market are designed to 
operate with a different full-load air flow for heating and cooling 
modes. See section III.A.2 for details.
    4. DOE proposes that condenser head pressure controls, if included 
in a unit, must be active during testing. DOE requests comment on 
whether there are any units on the market with condenser head pressure 
controls that would prevent the unit from achieving steady state under 
the test conditions. If so, how should DOE address these kinds of units 
for testing purposes? See section III.A.3 for details.
    5. For calculating IEER, section 6 of ANSI/AHRI 340/360-2007 
specifies that the unit efficiency must be determined at 100 percent, 
75 percent, 50 percent, and 25 percent load (defined as net part-load 
cooling capacity divided by full-load net cooling capacity times 100 
percent). ANSI/AHRI 340/360-2007 also provides instruction for when a 
unit cannot operate at the 75 percent, 50 percent, and 25 percent part-
load test points, but does not specify a tolerance for the percent 
load, i.e. how much can the load deviate from the part-load test point 
and still be considered operating at the part-load test point. DOE 
proposes to apply a +/-3 percent tolerance on the percent load for 
approach to each part-load rating point. In other words, the difference 
between the percent load calculated for a part-load test point and its 
target value may be as much as 3 percent and still be considered to be

[[Page 46879]]

operating at the target part-load test point. DOE requests comment on 
the appropriateness of the tolerance level. See section III.A.5 for 
details.

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this proposed 
rule.

List of Subjects

10 CFR Part 429

    Confidential business information, Energy conservation, Commercial 
equipment, Imports, Incorporation by reference, Reporting and 
recordkeeping requirements.

10 CFR Part 431

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Commercial equipment, Imports, 
Incorporation by reference, Intergovernmental relations, Small 
businesses.

    Issued in Washington, DC, on July 27, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

    For the reasons stated in the preamble, DOE proposes to amend parts 
429 and 431 of Chapter II, Subchapter D, of Title 10 the Code of 
Federal Regulations as set forth below:

PART 429--CERTIFICATION, COMPLIANCE AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority: 42 U.S.C. 6291-6317.

0
2. Amend Sec.  429.4 by redesignating paragraph (c) as (d) and adding a 
new paragraph (c) to read as follows:


Sec.  429.4  Materials incorporated by reference.

* * * * *
    (c) AHRI. Air-Conditioning, Heating, and Refrigeration Institute, 
2111 Wilson Blvd., Suite 500, Arlington, VA 22201, (703) 524-8800, or 
go to: http://www.ahrinet.org.
    (1) ANSI/AHRI Standard 340/360-2007, ``2007 Standard for 
Performance Rating of Commercial and Industrial Unitary Air-
Conditioning and Heat Pump Equipment,'' approved by ANSI on October 27, 
2011 and updated by addendum 1 in December 2010 and addendum 2 in June 
2011 (AHRI 340/360-2007), IBR approved for Sec.  429.43.
    (2) Reserved.
* * * * *
0
3. Amend Sec.  429.43 by revising paragraphs (a)(1)(iii), (b)(2)(i) and 
(ii), (b)(4)(i) and (ii), to read as follows:


Sec.  429.43  Commercial heating, ventilating, air conditioning (HVAC) 
equipment.

    (a) * * *
    (1) * * *
    (iii) For commercial unitary air conditioners and commercial 
unitary heat pumps the represented value of cooling capacity must be 
the average of the capacities measured for the units in the sample 
selected as described in paragraph (a)(1)(ii) of this section, rounded 
to the nearest appropriate Btu/h multiple according to Table 4 of ANSI/
AHRI 340/360-2007 (incorporated by reference, see Sec.  429.43).
* * * * *
    (b) * * *
    (2) * * *
    (i) Commercial package air-conditioning equipment (except 
commercial package air conditioning equipment that is air-cooled with a 
cooling capacity less than 65,000 Btu/h):
    (A) When certifying compliance with the January 1, 2010 energy 
conservation standards: The energy efficiency ratio (EER in British 
thermal units per Watt-hour (Btu/Wh)), the rated cooling capacity in 
British thermal units per hour (Btu/h), and the type(s) of heating used 
by the basic model (e.g., electric, gas, hydronic, none).
    (B) When certifying compliance with the January 1, 2018 or the 
January 1, 2023 energy conservation standards: The integrated energy 
efficiency ratio (IEER in British thermal units per Watt-hour (Btu/
Wh)), the rated cooling capacity in British thermal units per hour 
(Btu/h), and the type(s) of heating used by the basic model (e.g., 
electric, gas, hydronic, none).
    (ii) Commercial package heating equipment (except commercial 
package heating equipment that is air-cooled with a cooling capacity 
less than 65,000 Btu/h):
    (A) When certifying compliance with the January 1, 2010 energy 
conservation standards: The energy efficiency ratio (EER in British 
thermal units per Watt-hour (Btu/Wh)), the coefficient of performance 
(COP), the rated cooling capacity in British thermal units per hour 
(Btu/h), and the type(s) of heating used by the basic model (e.g., 
electric, gas, hydronic, none).
    (B) When certifying compliance with the January 1, 2018 or the 
January 1, 2023 energy conservation standards: The integrated energy 
efficiency ratio (IEER in British thermal units per Watt-hour (Btu/
Wh)), the coefficient of performance (COP), the rated cooling capacity 
in British thermal units per hour (Btu/h), and the type(s) of heating 
used by the basic model (e.g., electric, gas, hydronic, none).
* * * * *
    (4) * * *
    (i) Commercial package air-conditioning equipment (except 
commercial package air conditioning equipment that is air-cooled with a 
cooling capacity less than 65,000 Btu/h): Rated indoor airflow in 
standard cubic feet per minute (SCFM) for each fan coil; water flow 
rate in gallons per minute (gpm) for water-cooled units only; rated 
external static pressure in inches of water; frequency or control set 
points for variable speed components (e.g., compressors, VFDs); 
required dip switch/control settings for step or variable components; a 
statement whether the model will operate at test conditions without 
manufacturer programming; any additional testing instructions, if 
applicable; and if a variety of motors/drive kits are offered for sale 
as options in the basic model to account for varying installation 
requirements, the model number and specifications of the motor (to 
include efficiency, horsepower, open/closed, and number of poles) and 
the drive kit, including settings, associated with that specific motor 
that were used to determine the certified rating. When certifying 
compliance with the January 1, 2018 or the January 1, 2023 energy 
conservation standards, rated indoor airflow in SCFM for each part-load 
point used in the IEER calculation and any special instructions 
required to obtain operation at each part-load point, such as frequency 
or control set points for variable speed components (e.g., compressors, 
VFDs), dip switch/control settings for step or variable components, or 
any additional applicable testing instructions, are also required.
    (ii) Commercial package heating equipment (except commercial 
package heating equipment that is air-cooled with a cooling capacity 
less than 65,000 Btu/h): The rated heating capacity in British thermal 
units per hour (Btu/h); rated indoor airflow in standard cubic feet per 
minute (SCFM) for each fan coil (in cooling mode); rated airflow in 
SCFM for each fan coil in heating mode if the unit is designed to 
operate with different airflow rates for cooling and heating mode; 
water flow rate in gallons per minute (gpm) for water cooled units 
only; rated external static pressure in inches of water; frequency or 
control set points for variable speed components (e.g., compressors, 
VFDs); required dip

[[Page 46880]]

switch/control settings for step or variable components; a statement 
whether the model will operate at test conditions without manufacturer 
programming; any additional testing instructions, if applicable; and if 
a variety of motors/drive kits are offered for sale as options in the 
basic model to account for varying installation requirements, the model 
number and specifications of the motor (to include efficiency, 
horsepower, open/closed, and number of poles) and the drive kit, 
including settings, associated with that specific motor that were used 
to determine the certified rating. When certifying compliance with the 
January 1, 2018 or the January 1, 2023 energy conservation standards, 
rated indoor airflow in SCFM for each part-load point used in the IEER 
calculation and any special instructions required to obtain operation 
at each part-load point, such as frequency or control set points for 
variable speed components (e.g., compressors, VFDs), dip switch/control 
settings for step or variable components, or any additional applicable 
testing instructions, are also required.
* * * * *
0
4. Amend Sec.  429.134 by adding paragraph (c) to read as follows:


Sec.  429.134  Product-specific enforcement provisions.

* * * * *
    (c) Commercial unitary air conditioners and commercial unitary heat 
pumps--Verification of cooling capacity. The cooling capacity of each 
tested unit of the basic model will be measured pursuant to the test 
requirements of part 431 of this chapter for each unit tested. The 
results of the measurement(s) will be compared to the value of cooling 
capacity certified by the manufacturer. The certified cooling capacity 
will be considered valid only if the measurement(s) (either the 
measured cooling capacity for a single unit sample or the average of 
the measured cooling capacities for a multiple unit sample) is within 
five percent of the certified cooling capacity.
    (1) If the certified cooling capacity is found to be valid, the 
certified cooling capacity will be used as the basis for determining 
the equipment class.
    (2) If the certified cooling capacity is found to be invalid, the 
average of the measured cooling capacity will be used as the basis for 
determining the equipment class.
* * * * *

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND 
INDUSTRIAL EQUIPMENT

0
5. The authority citation for part 431 continues to read as follows:

    Authority:  42 U.S.C. 6291-6317.

0
6. Amend Sec.  431.92 by adding a definition of ``integrated energy 
efficiency ratio'' in alphabetical order to read as follows:


Sec.  431.92  Definitions concerning commercial air conditioners and 
heat pumps.

* * * * *
    Integrated energy efficiency ratio, or IEER, means a single number 
part-load efficiency based on weighting of EER at various load 
capacities, as measured in Appendix A to Subpart F of part 431, 
expressed in Btu/watt-hour.
* * * * *


Sec.  431.95  [Amended]

0
6. Amend Sec.  431.95 by adding ``and Appendix A to subpart F of part 
431'' at the end of paragraphs (b)(5) and (c)(2).
0
5. Amend Sec.  431.96 by revising paragraphs (b)(1) and (c) and Table 1 
to read as follows:


Sec.  431.96  Uniform test method for the measurement of energy 
efficiency of commercial air conditioners and heat pumps.

* * * * *
    (b) * * *
    (1) Determine the energy efficiency of each type of covered 
equipment by conducting the test procedure(s) listed in Table 1 of this 
section along with any additional testing provisions set forth in 
paragraphs (c) through (g) of this section and appendix A to this 
subpart, that apply to the energy efficiency descriptor for that 
equipment, category, and cooling capacity. The omitted sections of the 
test procedures listed in Table 1 of this section must not be used.

                                Table 1 to Sec.   431.96--Test Procedures for Commercial Air Conditioners and Heat Pumps
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                      Additional test
                                                                                                                  Use tests,        procedure provisions
           Equipment type                   Category            Cooling capacity       Energy efficiency       conditions, and      as indicated in the
                                                                                           descriptor         procedures \1\ in     listed paragraphs of
                                                                                                                                        this section
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small Commercial Packaged Air-       Air-Cooled, 3-Phase,    <65,000 Btu/h.........  SEER and HSPF........  AHRI 210/240-2008      Paragraphs (c) and
 Conditioning and Heating Equipment.  AC and HP.                                                             (omit section 6.5).    (e).
                                     Air-Cooled AC and HP..  >=65,000 Btu/h and      EER, IEER, and COP...  Appendix A to this     None.
                                                              <135,000 Btu/h.                                subpart.
                                     Water-Cooled and        <65,000 Btu/h.........  EER..................  AHRI 210/240-2008      Paragraphs (c) and
                                      Evaporatively-Cooled                                                   (omit section 6.5).    (e).
                                      AC.
                                                             >=65,000 Btu/h and      EER..................  AHRI 340/360-2007      Paragraphs (c) and
                                                              <135,000 Btu/h.                                (omit section 6.3).    (e).
                                     Water-Source HP.......  <135,000 Btu/h........  EER and COP..........  ISO Standard 13256-1   Paragraph (e).
                                                                                                             (1998).
Large Commercial Packaged Air-       Air-Cooled AC and HP..  >=135,000 Btu/h and     EER, IEER and COP....  Appendix A to this     None.
 Conditioning and Heating Equipment.                          <240,000 Btu/h.                                subpart.
                                     Water-Cooled and        >=135,000 Btu/h and     EER..................  AHRI 340/360-2007      Paragraphs (c) and
                                      Evaporatively-Cooled    <240,000 Btu/h.                                (omit section 6.3).    (e).
                                      AC.
Very Large Commercial Packaged Air-  Air-Cooled AC and HP..  >=240,000 Btu/h and     EER, IEER and COP....  Appendix A to this     None.
 Conditioning and Heating Equipment.                          <760,000 Btu/h.                                subpart.
                                     Water-Cooled and        >=240,000 Btu/h and     EER..................  AHRI 340/360-2007      Paragraphs (c) and
                                      Evaporatively-Cooled    <760,000 Btu/h.                                (omit section 6.3).    (e).
                                      AC.
Packaged Terminal Air Conditioners   AC and HP.............  <760,000 Btu/h........  EER and COP..........  Paragraph (g) of this  Paragraphs (c), (e),
 and Heat Pumps.                                                                                             section.               and (g).
Computer Room Air Conditioners.....  AC....................  <65,000 Btu/h.........  SCOP.................  ASHRAE 127-2007 (omit  Paragraphs (c) and
                                                                                                             section 5.11).         (e).
                                                             >=65,000 Btu/h and      SCOP.................  ASHRAE 127-2007 (omit  Paragraphs (c) and
                                                              <760,000 Btu/h.                                section 5.11).         (e).

[[Page 46881]]

 
Variable Refrigerant Flow Multi-     AC....................  <65,000 Btu/h.........  SEER.................  AHRI 1230-2010 (omit   Paragraphs (c), (d),
 split Systems, Air-Cooled.                                                                                  sections 5.1.2 and     (e), and (f).
                                                                                                             6.6).
                                                             >=65,000 Btu/h and      EER..................  AHRI 1230-2010 (omit   Paragraphs (c), (d),
                                                              <760,000 Btu/h.                                sections 5.1.2 and     (e), and (f).
                                                                                                             6.6).
                                     HP....................  <65,000 Btu/h.........  SEER and HSPF........  AHRI 1230-2010 (omit   Paragraphs (c), (d),
                                                                                                             sections 5.1.2 and     (e), and (f).
                                                                                                             6.6).
                                                             >=65,000 Btu/h and      EER and COP..........  AHRI 1230-2010 (omit   Paragraphs (c), (d),
                                                              <760,000 Btu/h.                                sections 5.1.2 and     (e), and (f).
                                                                                                             6.6).
Variable Refrigerant Flow Multi-     HP....................  <760,000 Btu/h........  EER and COP..........  AHRI 1230-2010 (omit   Paragraphs (c), (d),
 split Systems, Water-source.                                                                                sections 5.1.2 and     (e), and (f).
                                                                                                             6.6).
Single Package Vertical Air          AC and HP.............  <760,000 Btu/h........  EER and COP..........  AHRI 390-2003 (omit    Paragraphs (c) and
 Conditioners and Single Package                                                                             section 6.4).          (e).
 Vertical Heat Pumps.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Incorporated by reference, see Sec.   431.95.

* * * * *
    (c) Optional break-in period for tests conducted using AHRI 210/
240-2008, AHRI 390-2003, AHRI 1230-2010, and ASHRAE 127-2007. 
Manufacturers may optionally specify a ``break-in'' period, not to 
exceed 20 hours, to operate the equipment under test prior to 
conducting the test method specified by AHRI 210/240-2008, AHRI 390-
2003, AHRI 1230-2010, or ASHRAE 127-2007 (incorporated by reference, 
see Sec.  431.95). A manufacturer who elects to use an 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 is required to be maintained under 10 CFR 
429.71.
* * * * *
0
7. Add Appendix A to subpart F of part 431 to read as follows:

Appendix A to Subpart F of Part 431--Uniform Test Method for the 
Measurement of Energy Consumption of Air-Cooled Small, Large, and Very 
Large Commercial Packaged (Unitary) Air Conditioning and Heating 
Equipment

    Note:  Prior to [DATE 360 DAYS AFTER PUBLICATION OF THE FINAL 
RULE IN THE Federal Register], representations with respect to the 
energy use or efficiency of commercial unitary air conditioners and 
heat pumps (CUACs and CUHPs), including compliance certifications, 
must be based on testing conducted in accordance with either Table 1 
to Sec.  431.96 as it now appears or Table 1 to Sec.  431.96 as it 
appeared at 10 CFR part 431, subpart F, in the 10 CFR parts 200 to 
499 edition revised as of January 1, 2015. After [DATE 360 DAYS 
AFTER DATE OF PUBLICATION OF THE FINAL RULE], representations with 
respect to energy use or efficiency of commercial unitary air 
conditioners and heat pumps (CUACs and CUHPs), including compliance 
certifications, must be based on testing conducted in accordance 
with Table 1 to Sec.  431.96.

    (1) Cooling mode test method. The test method for testing 
commercial unitary air conditioners and commercial unitary heat 
pumps in cooling mode must consist of application of the methods and 
conditions in ANSI/AHRI 340/360-2007 sections 3, 4, and 6 (omitting 
section 6.3) (incorporated by reference; see Sec.  431.95), and in 
ANSI/ASHRAE 37-2009 (incorporated by reference; see Sec.  431.95). 
In case of a conflict between ANSI/AHRI 340/360-2007 or ANSI/ASHRAE 
37-2009 and the CFR, the CFR provisions control.
    (2) Heating mode test method. The test method for testing 
commercial unitary heat pumps in heating mode must consist of 
application of the methods and conditions in ANSI/AHRI 340/360-2007 
sections 3, 4, and 6 (omitting section 6.3) (incorporated by 
reference; see Sec.  431.95), and in ANSI/ASHRAE 37-2009 
(incorporated by reference; see Sec.  431.95). In case of a conflict 
between ANSI/AHRI 340/360-2007 or ANSI/ASHRAE 37-2009 and the CFR, 
the CFR provisions control.
    (3) Minimum External Static Pressure. Use the certified cooling 
capacity for the basic model to choose the minimum external static 
pressure found in table 5 of section 6 of ANSI/AHRI 340/360-2007 for 
testing.
    (4) Optional Break-in Period. Manufacturers may optionally 
specify a ``break-in'' period, not to exceed 20 hours, to operate 
the equipment under test prior to conducting the test method in 
appendix A. A manufacturer who elects to use an optional compressor 
break-in period in its certification testing should record this 
information (including the duration) as part of the information in 
the supplemental testing instructions under 10 CFR 429.43.
    (5) Additional Provisions for Equipment Set-up. The only 
additional specifications that may be used in setting up a unit for 
test are those set forth in the installation and operation manual 
shipped with the unit. Each unit should be set up for test in 
accordance with the manufacturer installation and operation manuals. 
Paragraphs (5)(a) through (b) of this section provide specifications 
for addressing key information typically found in the installation 
and operation manuals.
    (a) If a manufacturer specifies a range of superheat, sub-
cooling, and/or refrigerant pressure in its installation and 
operation manual for a given basic model, any value(s) within that 
range may be used to determine refrigerant charge or mass of 
refrigerant, unless the manufacturer clearly specifies a rating 
value in its installation and operation manual, in which case the 
specified rating value shall be used.
    (b) The air flow rate used for testing must be that set forth in 
the installation and operation manuals being shipped to the 
commercial customer with the basic model and clearly identified as 
that used to generate the DOE performance ratings. If a certified 
air flow value for testing is not clearly identified, a value of 400 
standard cubic feet per minute (scfm) per ton shall be used.
    (6) Indoor airflow testing and adjustment.
    (i) When testing full-capacity cooling operation at the required 
external static pressure condition, the full-load indoor airflow 
rate must be within +/-5 percent of the certified-rated airflow at 
full-capacity cooling operation. If the indoor airflow rate at the 
required minimum external pressure is outside the +/-5 percent 
tolerance, the unit and/or test setup must be adjusted such that 
both the airflow and ESP are within the required tolerances. This 
process may include, but is not limited to, adjusting any adjustable 
motor sheaves, adjusting variable drive settings, or adjusting the 
code tester fan.
    (ii) When testing other than full-capacity cooling operation 
using the full-load indoor airflow rate (e.g., full-load heating), 
the full-load indoor airflow rate must be within +/-5 percent of the 
certified-rated full-load cooling airflow (without regard to the 
resulting external static pressure), unless the unit is designed to 
operate at a different airflow for cooling and heating mode. If 
necessary, a test facility setup may be made

[[Page 46882]]

in order to maintain air flow within the required tolerance; 
however, no adjustments to the unit under test may be made.
    (7) Condenser head pressure controls. Condenser head pressure 
controls of commercial unitary air conditioners and commercial 
unitary heat pumps, if typically shipped with units of the basic 
model by the manufacturer or available as an option to the basic 
model, must be active during testing.
    (8) Standard CFM. In the referenced sections of ANSI/AHRI 340/
360-2007 for commercial unitary air conditioners and commercial 
unitary heat pumps, all instances of CFM refer to standard CFM 
(SCFM). Likewise, all references to airflow or air quantity refer to 
standard airflow and standard air quantity.
    (9) Capacity rating at part-load. When testing commercial 
unitary air conditioners and commercial unitary heat pumps to 
determine EER for the part-load rating points (i.e. 75 percent load, 
50 percent load, and 25 percent load), if the measured capacity 
expressed as a percent of full load capacity for a given part-load 
test is within three percent above or below the target part-load 
percentage, the EER calculated for the test may be used without any 
interpolation to determine IEER.

[FR Doc. 2015-19232 Filed 8-5-15; 8:45 am]
 BILLING CODE 6450-01-P