[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Rules and Regulations]
[Pages 35242-35268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12446]



[[Page 35241]]

Vol. 81

Wednesday,

No. 105

June 1, 2016

Part IV





 Department of Energy





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10 CFR Parts 429 and 430





Energy Conservation Program: Test Procedures for Portable Air 
Conditioners; Final Rule

  Federal Register / Vol. 81 , No. 105 / Wednesday, June 1, 2016 / 
Rules and Regulations  

[[Page 35242]]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[Docket No. EERE-2014-BT-TP-0014]
RIN 1904-AD22


Energy Conservation Program: Test Procedures for Portable Air 
Conditioners

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

ACTION: Final rule.

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SUMMARY: On February 25, 2015, the U.S. Department of Energy (DOE) 
published a notice of proposed rulemaking (NOPR), in which it proposed 
to establish test procedures for portable air conditioners (ACs) to 
determine capacities and energy efficiency metrics for portable ACs. On 
November 27, 2015, DOE published a supplemental notice of proposed 
rulemaking (SNOPR) to revise the proposal by modifying the cooling and 
heating mode test requirements, introducing the seasonally adjusted 
cooling capacity (SACC) and a revised combined energy efficiency ratio 
(CEER), and clarifying several aspects of test setup. The proposed test 
procedure serves as the basis for this action. DOE is issuing a final 
rule to establish a new test procedure for portable ACs in a new 
appendix. The new test procedure in appendix CC will be used to 
determine the SACC and CEER for portable ACs that are subject to the 
adopted test procedure. The test procedure is based on industry 
standards, with several modifications to ensure the test procedure is 
representative of typical use and to improve accuracy and repeatability 
while minimizing test burden.

DATES: The effective date of this rule is July 1, 2016. The final rule 
changes will be mandatory for representations of energy use or 
efficiency on or after November 28, 2016. The incorporation by 
reference of certain publications listed in this rule was approved by 
the Director of the Federal Register as of July 1, 2016.

ADDRESSES: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, comments, and other supporting 
documents/materials, is available for review at www.regulations.gov. 
All documents in the docket are listed in the www.regulations.gov 
index. However, some documents listed in the index, such as those 
containing information that is exempt from public disclosure, may not 
be publicly available.
    A link to the docket Web page can be found at http://www.regulations.gov/#!docketDetail;D=EERE-2014-BT-TP-0014. This Web 
page will contain a link to the docket for this document on the 
www.regulations.gov site. The www.regulations.gov Web page will contain 
simple instructions on how to access all documents, including public 
comments, in the docket.
    For further information on how to review the docket, contact Ms. 
Brenda Edwards at (202) 586-2945 or by email: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-5B, 1000 Independence Avenue SW., Washington, 
DC 20585-0121. Telephone: (202) 586-0371. Email: 
[email protected]
    Ms. Sarah Butler, U.S. Department of Energy, Office of the General 
Counsel, Mailstop GC-33, 1000 Independence Ave. SW., Washington, DC 
20585-0121. Telephone: 202-586-1777. Email: [email protected].

SUPPLEMENTARY INFORMATION: This final rule incorporates by reference 
the following industry standard into 10 CFR parts 429 and 430:
    American National Standards Institute (ANSI)/Association of Home 
Appliance Manufacturers (AHAM) PAC-1-2015, Portable Air Conditioners, 
June 19, 2015.
    Copies of ANSI/AHAM PAC-1-2015 can be obtained from the Association 
of Home Appliance Manufacturers, 1111 19th Street NW., Suite 402, 
Washington, DC 20036, 202-872-5955, or by going to https://www.aham.org/ht/d/Store/.
    This final rule also incorporates by reference the following 
industry standards into 10 CFR part 430:
    ANSI/American Society of Heating, Refrigerating, and Air 
Conditioning Engineers (ASHRAE) Standard 37-2009, (``ASHRAE Standard 
37-2009''), Methods of Testing for Rating Electrically Driven Unitary 
Air-Conditioning and Heat Pump Equipment, ANSI approved June 25, 2009.
    International Electrotechnical Commission (IEC) 62301 (``IEC 
62301''), Household electrical appliances--Measurement of standby 
power, (Edition 2.0, 2011-01).
    Copies of ANSI/ASHRAE Standard 37-2009 can be obtained from the 
American Society of Heating, Refrigerating and Air-Conditioning 
Engineers, Inc., Publication Sales, 1791 Tullie Circle NE., Atlanta, GA 
30329, 800-527-4723 or 404-636-8400, or go to http://www.ashrae.org.
    Copies of IEC 62301 can be obtained from the IEC at https://webstore.iec.ch/ and also from the American National Standards 
Institute, 25 W. 43rd Street, 4th Floor, New York, NY 10036, (212) 642-
4900, or go to http://webstore.ansi.org.
    See section IV.N of this rulemaking for a further discussion of 
these standards.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Synopsis of the Final Rule
III. Discussion
    A. Covered Products and Configurations
    1. Configuration Definitions
    2. Convertible Products
    B. Active Mode
    C. Cooling Mode
    1. General Test Approach
    2. Rating Conditions
    3. Seasonally Adjusted Cooling Capacity
    4. Test Duration
    5. Duct Heat Transfer and Leakage
    6. Case Heat Transfer
    7. Test Setup and Unit Placement
    8. Condensate Collection
    9. Control Settings
    10. Electrical Supply
    11. Power Factor
    12. Test Condition Tolerances
    D. Heating Mode
    E. Air Circulation Mode
    F. Off-Cycle Mode
    G. Standby Mode and Off Mode
    1. Mode Definitions
    2. Determination of Standby Mode and Off Mode Power Consumption
    H. Energy Efficiency Metrics
    1. Annual Operating Mode Hours
    2. CEER Calculation
    3. Annual Operating Costs
    I. Compliance With Other Energy Policy and Conservation Act 
Requirements
    1. Test Burden
    2. Potential Incorporation of International Electrotechnical 
Commission Standard 62087
    J. Sampling Plan and Rounding Requirements
    K. General Comments
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

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    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Congressional Notification
    N. Materials Incorporated by Reference
V. Approval of the Office of the Secretary

I. Authority and Background

    Portable air conditioners (portable ACs) are a type of heating, 
cooling, and air-conditioning equipment, for which the U.S. Department 
of Energy (DOE) is establishing test procedures, subject to the 
requirements of 42 U.S.C. 6293(b)(1)(B). DOE is considering energy 
conservation standards for portable ACs in a concurrent rulemaking. The 
following sections discuss DOE's authority to establish test procedures 
for portable ACs and relevant background information detailing the 
history of the portable AC test procedure rulemaking.

A. Authority

    Title III of the Energy Policy and Conservation Act of 1975 (42 
U.S.C. 6291, et seq.; ``EPCA'' or, ``the Act'') \1\ sets forth various 
provisions designed to improve energy efficiency. Part B \2\ of title 
III establishes the ``Energy Conservation Program for Consumer Products 
Other Than Automobiles,'' which covers consumer products and certain 
commercial products (hereinafter referred to as ``covered products''). 
EPCA authorizes DOE to establish technologically feasible, economically 
justified energy conservation standards for covered products or 
equipment that would be likely to result in significant national energy 
savings. (42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII)) In addition to 
specifying a list of covered consumer and industrial products, EPCA 
contains provisions that enable the Secretary of Energy to classify 
additional types of consumer products as covered products. (42 U.S.C. 
6292(a)(20)) For a given product to be classified as a covered product, 
the Secretary must determine that:
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    \1\ All references to EPCA refer to the statute as amended 
through the Energy Efficiency Improvement Act of 2015, Public Law 
114-11 (April 30, 2015).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
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    (1) Classifying the product as a covered product is necessary for 
the purposes of EPCA; and
    (2) The average annual per-household energy use by products of each 
type is likely to exceed 100 kilowatt-hours (kWh) per year. (42 U.S.C. 
6292(b)(1))
    Under EPCA, the energy conservation program consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. The 
testing requirements consist of test procedures that manufacturers of 
covered products must use as the basis for: (1) Certifying to DOE that 
their products comply with the applicable energy conservation standards 
adopted under EPCA, and (2) making representations about the efficiency 
of those products. Similarly, DOE must use these test procedures to 
determine whether the products comply with any relevant standards 
promulgated under EPCA.
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA provides in relevant part that any test 
procedures prescribed or amended under this section shall be reasonably 
designed to produce test results that 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 shall not be 
unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) In addition, if 
DOE determines that a test procedure should be prescribed or amended, 
it must publish proposed test procedures and offer the public an 
opportunity to present oral and written comments on them. (42 U.S.C. 
6293(b)(2))

B. Background

    There are currently no DOE test procedures or energy conservation 
standards for portable ACs. On July 5, 2013, DOE issued a notice of 
proposed determination (NOPD) of coverage (hereinafter referred to as 
the ``July 2013 NOPD''), in which DOE announced that it tentatively 
determined that portable ACs meet the criteria under 42 U.S.C. 
6292(b)(1) to be classified as a covered product. 78 FR 40403. In a 
final determination of coverage published in the Federal Register on 
April 18, 2016 (the April 2016 Coverage Determination), DOE classified 
portable ACs as covered consumer products under EPCA. 81 FR 22514.
    Concurrently, DOE has initiated rulemaking processes to establish 
test procedures and energy conservation standards for portable ACs. DOE 
initiated this test procedure rulemaking with a notice of data 
availability (NODA), published on May 9, 2014 (hereinafter referred to 
as the ``May 2014 NODA''). 79 FR 26639 (May 9, 2014). In the May 2014 
NODA, DOE addressed comments received in response to the June 2013 
NOPD, and specifically recognized those comments that supported the 
development of a DOE test procedure for portable ACs to provide 
consistency and clarity for representations of energy use of these 
products. DOE evaluated available industry test procedures to determine 
whether such methodologies would be suitable for incorporation in a 
future DOE test procedure. To support development of a standardized DOE 
test procedure for portable ACs, DOE conducted testing on a range of 
portable ACs to determine typical cooling capacities and cooling energy 
efficiencies based on the existing industry test methods and other 
modified approaches for portable ACs. DOE presented the results of this 
testing for public review and comment in the May 2014 NODA. 79 FR 
26639, 26640 (May 9, 2014).
    On February 25, 2015, DOE published in the Federal Register a 
notice of proposed rulemaking (NOPR) (hereinafter referred to as the 
``February 2015 NOPR''), in which it addressed comments received in 
response to the July 2013 NOPD that were not previously addressed in 
the May 2014 NODA, and proposed test procedures for single-duct and 
dual-duct portable ACs that would provide a means of determining 
efficiency in various operating modes, including cooling mode, heating 
mode, off-cycle mode, standby mode, and off mode. 80 FR 10211. For 
cooling mode and heating mode, DOE proposed test procedures based on 
the then-current industry-accepted test procedure, AHAM PAC-1-2014, 
``Portable Air Conditioners,'' with additional provisions to account 
for heat transferred to the indoor conditioned space from the case, 
ducts, and any infiltration air from unconditioned spaces. DOE also 
proposed various clarifications for cooling mode and heating mode 
testing, including: (1) Test duct configuration; (2) instructions for 
condensate collection; (3) control settings for operating mode, fan 
speed, temperature set point, and louver oscillation; (4) clarification 
of test condition tolerances; and (5) unit placement within the test 
chamber. For off-cycle mode, DOE proposed a test procedure that would 
measure energy use when the ambient dry-bulb temperature is at or below 
the setpoint. DOE also identified relevant low-power modes, proposed 
definitions for inactive mode and off mode, and proposed test 
procedures to determine representative energy consumption for these 
modes. Id.
    In the February 2015 NOPR, DOE proposed to use a combined energy 
efficiency ratio (CEER) metric for representing the overall energy 
efficiency of single-duct and dual-duct portable ACs. The CEER metric 
would

[[Page 35244]]

represent energy use in all available operating modes. DOE also 
proposed a cooling mode-specific CEER for units that do not provide a 
heating function to provide a basis for comparing performance with 
other cooling products such as room ACs. In addition, DOE proposed 
separate energy efficiency ratio (EER) metrics for determining energy 
efficiency in cooling mode and heating mode only. 80 FR 10211, 10234-
10235 (Feb. 25, 2015). In response to the February 2015 NOPR, DOE 
received comments during a public meeting, in which DOE presented the 
proposals, as well as in eight written comments from interested 
parties. DOE has addressed these comments in the subsequent rulemaking 
publications discussed below, including this final rule.
    On November 17, 2015, DOE published in the Federal Register a 
supplemental notice of proposed rulemaking (SNOPR) (hereinafter 
referred to as the ``November 2015 SNOPR), in which DOE proposed 
additions and clarifications to its proposed portable AC test 
procedure. The additions and clarifications included: (1) Minor 
revisions to the indoor and outdoor cooling mode test conditions; (2) 
an additional test condition for cooling mode testing; (3) updated 
infiltration air and capacity calculations to account for the second 
cooling mode test condition, in the form of new condition-specific 
adjusted cooling capacities (ACC95 and ACC83) and 
the newly introduced seasonally adjusted cooling capacity (SACC); (4) 
removal of the measurement of case heat transfer; (5) a clarification 
of test unit placement within the test chamber; (6) removal of the 
heating mode test procedure; (7) a revision to the CEER calculation to 
reflect the two cooling mode test conditions and removal of heating 
mode testing; (8) a clarification of the active mode test duration; and 
(9) additional technical corrections and clarifications. Other than the 
specific amendments newly proposed in the SNOPR, DOE continued to 
propose the general test procedure originally included in the February 
2015 NOPR. 80 FR 74020 (Nov. 17, 2015). In response to the November 
2015 SNOPR, DOE received four written comments from interested parties. 
In the relevant sections of this final rule, DOE presents those 
comments, DOE's responses, and any applicable modifications to DOE's 
test procedure.
    DOE also recently initiated a separate rulemaking to consider 
establishing energy conservation standards for portable ACs. DOE 
received additional test procedure-related comments during the 
preliminary analysis stage of this concurrent energy conservation 
standards rulemaking and addresses those comments in this final rule. 
Any new standards would be based on the same efficiency metrics derived 
from the test procedure that DOE is establishing in this final rule.

II. Synopsis of the Final Rule

    DOE has reviewed its analysis and comments received in response to 
the November 2015 SNOPR, and has concluded that the proposals contained 
therein, including proposals that remained unchanged from the February 
2015 NOPR, warrant adoption of a new test procedure for single-duct and 
dual-duct portable ACs except as follows: (1) Adopting a lower value 
for the duct convection heat transfer coefficient; (2) slightly 
revising the proposed definitions of ``single-duct portable air 
conditioner'' and ``dual-duct portable air conditioner'' and 
withdrawing the proposed definition for ``spot cooler;'' (3) requiring 
that any single-duct or dual-duct portable ACs that may be configured 
in both single-duct and dual-duct configurations must be tested in both 
configurations; and (4) incorporating clarifying edits to the duct 
installation instructions and duct surface area calculation. DOE is 
codifying the new test procedure at 10 CFR part 430, subpart B, 
appendix CC, to contain provisions for measuring the energy consumption 
of single-duct and dual-duct portable ACs in active, standby, and off 
modes. In addition, in this final rule, DOE establishes provisions for 
certification, compliance, and enforcement for portable ACs in 10 CFR 
part 429. Specifically, these amendments add new section 10 CFR 429.62 
with requirements for determining SACC and CEER for a basic model.

III. Discussion

    In this test procedure final rule, DOE is adopting definitions, 
test procedures, and certification and enforcement requirements for 
portable ACs. These provisions will be incorporated into relevant 
sections of parts 429 and 430 of Title 10 of the CFR, as specified in 
Table III.1. The definitions discussed and established in this final 
rule include various operating modes (cooling mode, off-cycle mode, 
standby mode, inactive mode, and off mode), duct configurations 
(single-duct and dual-duct), and performance metrics (seasonally 
adjusted cooling capacity and combined energy efficiency ratio). The 
test procedures established in this final rule provide a measure of 
portable AC performance under representative operating modes and 
conditions, which are discussed further in this final rule. DOE further 
establishes test sampling requirements.

  Table III.1--Summary of Final Rule Provisions, Their Location Within the Code of Federal Regulations, and the
                                         Applicable Preamble Discussion
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                                                                                            Applicable preamble
            CFR Location                     Topics             Summary of provisions           discussion
----------------------------------------------------------------------------------------------------------------
10 CFR 429.62......................  Sampling Plan.........  Minimum number of portable   Section III.J.
                                                              ACs to be tested to rate a
                                                              portable AC basic model.
10 CFR 430.2.......................  Definitions...........  Definitions pertinent to     Section III.A.
                                                              categorizing and testing
                                                              of portable ACs.
10 CFR 429.4 and 10 CFR 430.3......  Incorporation by        Description of industry      Section IV.N.
                                      Reference.              standards incorporated by
                                                              reference in the DOE test
                                                              procedure.
10 CFR 430.23(dd) and Appendix CC    Test Procedure........  Instructions for             Sections III.C, III.F,
 to Subpart B.                                                determining the SACC and     III.G, and III.H.
                                                              CEER for applicable
                                                              portable ACs.
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    The Pacific Gas and Electric Company (PG&E), Southern California 
Gas Company (SCGC), Southern California Edison (SCE), and San Diego Gas 
and Electric Company (SDG&E) (hereinafter the ``California Investor-
Owned Utilities (IOUs)''), the National Association of Manufacturers 
(NAM), and AHAM supported DOE's rulemakings to establish energy 
conservations standards and test procedures for portable ACs. AHAM 
further stated that

[[Page 35245]]

the test procedure should include repeatable and reproducible measures 
that are representative of actual consumer use, but not unduly 
burdensome to conduct. (California IOUs, No. 20 at p. 1; NAM, No. 17 at 
p. 1; AHAM, No. 18 at p. 1; AHAM, No. 23 at pp. 1-2) \3\
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    \3\ A notation in the form ``California IOUs, No. 20 at p. 1'' 
identifies a written comment: (1) Made by the Pacific Gas and 
Electric Company, Southern California Gas Company, Southern 
California Edison, and San Diego Gas and Electric Company (``the 
California IOUs''); (2) recorded in document number 20 that is filed 
in the docket of this test procedure rulemaking (Docket No. EERE-
2014- BT-TP-0014) and available for review at www.regulations.gov; 
and (3) which appears on page 1 of document number 20.
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A. Covered Products and Configurations

    In the April 2016 Coverage Determination, DOE established the 
definition of a portable AC as a portable encased assembly, other than 
a packaged terminal air conditioner, room air conditioner, or 
dehumidifier, that delivers cooled, conditioned air to an enclosed 
space, and is powered by single-phase electric current. The definition 
also states that a portable AC includes a source of refrigeration and 
may include additional means for air circulation and heating. 81 FR 
22514, 22516, 22519, 22520 (April 18, 2016). This definition 
encompasses several categories and configurations of portable ACs. For 
the purposes of specifying the appropriate test method(s) and, 
potentially, energy conservation standards for these different 
categories and configurations of portable ACs, DOE is adopting specific 
definitions for ``single-duct portable air conditioner'' and ``dual-
duct portable air conditioner,'' and clarifying the test method for 
convertible products. DOE discusses these definitions and test 
provisions, including any comments received related to them, in section 
III.A.1 and section III.A.2 of this rule.
1. Configuration Definitions
    In the February 2015 NOPR, DOE identified three general categories 
of portable ACs, distinguished by duct configuration and associated 
handling of condenser air flow. Accordingly, DOE proposed definitions 
for these three configurations: ``single-duct portable air 
conditioners,'' ``dual-duct portable air conditioners,'' and ``spot 
coolers.'' 80 FR 10211, 10214-10216 (Feb. 25, 2015). The various 
ducting configurations are discussed in more detail in the following 
sections.
a. Single-Duct and Dual-Duct Portable ACs
    DOE proposed in the February 2015 NOPR to define a single-duct 
portable AC as a portable AC that draws all of the condenser inlet air 
from the conditioned space without the means of a duct, and discharges 
the condenser outlet air outside the conditioned space through a single 
duct. 80 FR 10211, 10215-10216 (Feb. 25, 2015). DOE also proposed a 
definition of a dual-duct portable AC as a portable AC that draws some 
or all of the condenser inlet air from outside the conditioned space 
through a duct, and may draw additional condenser inlet air from the 
conditioned space. DOE further defined a dual-duct portable AC as 
discharging the condenser outlet air outside the conditioned space by 
means of a separate duct. Id. at 10216. The portable AC configuration 
definitions proposed in the February 2015 NOPR were the basis for the 
development of the concurrent energy conservation standards rulemaking 
preliminary analysis, published on February 27, 2015 (February 2015 
Preliminary Analysis). DOE also maintained these proposed definitions 
in the November 2015 SNOPR.
    In response to the February 2015 Preliminary Analysis, DENSO 
Products and Services Americas, Inc. (DENSO) expressed concern that the 
terminology for a dual-duct configuration could be potentially 
misleading. (DENSO, Standards Preliminary Analysis, No. 13 at p. 9) \4\ 
DOE notes that the definition of a dual-duct portable AC requires ducts 
at both the condenser inlet and outlet. This definition would exclude 
other portable AC configurations with two ducts, such as portable ACs 
equipped with inlet and outlet ducts on the evaporator side, but 
without ducts at the condenser inlet and outlet. However, DOE is aware 
that some manufacturers may sell these portable ACs (defined as ``spot 
coolers'' in the February 2015 NOPR and November 2015 SNOPR) with 
optional inlet and/or outlet ducts for the condenser side. Therefore, 
DOE considered whether these products with the optional duct(s) 
installed could be considered single-duct or dual-duct portable ACs. 
DOE reviewed product specifications, manufacturer information, and 
available accessories for spot coolers. DOE observed that the optional 
ducting accessories for these products are typically available in a 
range of sizes and configurations, which precludes DOE from determining 
a representative ducted setup for testing. See section III.A.1.b of 
this preamble for further discussion of the testing concerns for spot 
coolers with optional ducting.
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    \4\ A notation in the form ``DENSO, Preliminary Analysis, No. 13 
at p. 9'' identifies a written comment: (1) Made by DENSO Products 
and Services Americas, Inc.; (2) recorded in document number 13 that 
is filed in the docket of the concurrent energy conservation 
standards rulemaking (Docket No. EERE-2013-BT-STD-0013) and 
available for review at www.regulations.gov; and (3) which appears 
on page 9 of document number 13.
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    DOE also revisited the product specifications and manufacturer 
information for the products it had considered single-duct and dual-
duct portable ACs in the February 2015 Preliminary Analysis. DOE 
observed that all single-duct and dual-duct portable ACs include 
similar ducting configurations that include adjustable window mounting 
brackets for the condenser ducts. DOE determined that single-duct and 
dual-duct portable ACs implement an adjustable window mounting bracket 
to maintain portability and flexibility for users to install these 
products in multiple locations while exhausting condenser air outside 
through the most common available spaces--windows of varying sizes. DOE 
also notes that it found no spot coolers that have an adjustable window 
mounting bracket with the optional duct accessories. DOE identified the 
presence of an adjustable window mounting bracket as a primary feature 
of single-duct and dual-duct portable ACs. The corresponding 
consistency in installation enabled the development of a test procedure 
that yields energy use results representative of real-world use. As 
discussed in section III.A.1.b of this preamble, portable ACs without 
adjustable window mounting brackets for condenser ducts (e.g., spot 
coolers) may be installed and used in a variety of applications and are 
not addressed by this test procedure. DOE, therefore, establishes in 
this final rule the following single-duct portable AC and dual-duct 
portable AC definitions in 10 CFR 430.2, which include the requirement 
for an adjustable window bracket.
    Single-duct portable air conditioner means a portable air 
conditioner that draws all of the condenser inlet air from the 
conditioned space without the means of a duct, and discharges the 
condenser outlet air outside the conditioned space through a single 
duct attached to an adjustable window bracket.
    Dual-duct portable air conditioner means a portable air conditioner 
that draws some or all of the condenser inlet air from outside the 
conditioned space through a duct attached to an adjustable window 
bracket, may draw additional

[[Page 35246]]

condenser inlet air from the conditioned space, and discharges the 
condenser outlet air outside the conditioned space by means of a 
separate duct attached to an adjustable window bracket.
    In reviewing the February 2015 NOPR proposal, DOE noted that the 
terms ``single-duct portable air conditioner'' and ``dual-duct portable 
air conditioner'' are used in provisions of the DOE regulations outside 
of the test procedure that will be codified at appendix CC to part 430 
of Title 10 of the CFR. For example, the terms are used in the general 
test procedure instructions to be codified at 10 CFR 430.23(dd). 
Therefore, to ensure the appropriate scope of applicability for the 
single-duct and dual-duct portable AC definitions, DOE is codifying 
these definitions at 10 CFR 430.2.
b. Other Portable ACs
    In the February 2015 NOPR, DOE described ``spot coolers'' as 
portable ACs that have no ducting on the condenser side and may utilize 
small directional ducts on the evaporator exhaust. DOE noted that 
typical applications for spot coolers are those that require cooling in 
one localized zone and can tolerate exhaust heat outside of this zone. 
These applications are typically larger spaces with harsh conditions, 
and spot coolers are therefore generally more robust in construction 
than their single-duct and dual-duct portable AC counterparts. As such, 
DOE proposed defining a spot cooler as a portable AC that draws 
condenser inlet air from and discharges condenser outlet air to the 
conditioned space, and draws evaporator inlet air from and discharges 
evaporator outlet air to a localized zone within the conditioned space. 
In the February 2015 NOPR, DOE did not propose testing provisions for 
measuring the energy performance of spot coolers because these products 
do not provide net cooling to the conditioned space, and because they 
incorporate different design features and usage patterns than single-
duct and dual-duct portable ACs. 80 FR 10211, 10213, 10214-10215 (Feb. 
25, 2015).
    In response to the February 2015 Preliminary Analysis, DENSO 
commented that a spot cooler with optional ducts on either the 
condenser or evaporator side should still be classified as a spot 
cooler rather than a single-duct or dual-duct portable AC. (DENSO, 
Standards Preliminary Analysis, No. 13 at pp. 1-2)
    DOE agrees that a portable AC with no ducts on the condenser side, 
but with ducts on the evaporator side, would not be considered a 
single-duct or dual-duct portable AC because the portable AC would not 
be able to reject heat from the condenser to the ambient air through a 
window to space outside that in which the unit is located (i.e., the 
conditioned space), as is required by the single-duct and dual-duct 
portable AC definitions. Ducts optionally attached to the evaporator 
side would simply direct the delivery of the cooling air to a specific 
zone within the conditioned space.
    Optional ducts that may be attached to spot coolers on the 
condenser side vary significantly in purpose and design from those 
accompanying single-duct and dual-duct portable ACs (i.e., spot cooler 
condensers are not typically intended to be ducted through a window by 
means of an adjustable mounting bracket, but instead may be ducted 
through the ceiling or to a specific location within or outside the 
conditioned space by typically longer and larger-diameter ducts). Under 
the definitions established in this final rule for single-duct and 
dual-duct portable ACs, a portable AC with optional ducts on the 
condenser side that do not attach to an adjustable window mounting 
bracket would not classify the product as a single-duct or dual-duct 
portable AC.
    The California IOUs urged DOE to adopt test procedures and consider 
future performance standards for spot coolers under DOE's proposed 
definitions. The California IOUs noted that 321 of the 427 spot cooler 
models in the California Energy Commission (CEC) Appliance Efficiency 
Database have cooling capacities below 14,000 British thermal units per 
hour (Btu/hr), and assumed this distribution is an indicator of 
widespread market availability of products below 14,000 Btu/hr. The 
California IOUs further commented that, should DOE decide not to adopt 
test procedures for spot coolers, DOE should define spot coolers as a 
non-covered product in order to avoid coverage for a category of 
equipment without establishing any standards, thereby preempting any 
state regulations. (California IOUs, No. 20 at pp. 1-2; California 
IOUs, No. 24 at p. 4) In this final rule, DOE maintains the approach 
proposed in the February 2015 NOPR to not establish test procedures for 
spot coolers because they do not provide net cooling to the conditioned 
space and they incorporate different design features and usage patterns 
than single-duct and dual-duct portable ACs. Additionally, due to the 
significant variability in operating conditions and installation 
configurations (including the variety of optional accessories) for spot 
coolers with optional condenser ducting attached, DOE does not have 
information to determine appropriate test setup and testing conditions 
to measure spot cooler energy use in a representative test procedure. 
Therefore, DOE is establishing testing requirements for only single-
duct and dual-duct portable ACs at this time, as discussed in section 
III.A.1.a of this preamble.
    Upon review of the spot cooler entries in the CEC Appliance 
Efficiency Database,\5\ DOE concludes that a number of listed products 
would meet DOE's definitions of single-duct or dual-duct portable ACs. 
Such single-duct or dual-duct portable ACs would be covered by the test 
procedures adopted in this final rule. DOE also notes that, because 
spot coolers meet the definition of a portable AC as established by the 
April 2016 Coverage Determination, they are covered products under 
EPCA.
---------------------------------------------------------------------------

    \5\ The CEC Appliance Efficiency Database is accessible at 
https://cacertappliances.energy.ca.gov/Pages/ApplianceSearch.aspx.
---------------------------------------------------------------------------

    The Appliance Standards Awareness Project (ASAP), Alliance to Save 
Energy (ASE), American Council for an Energy-Efficient Economy (ACEEE), 
National Consumer Law Center (NCLC), Natural Resources Defense Council 
(NRDC), and Northwest Energy Efficiency Alliance (NEEA) (hereinafter 
the ``NOPR Joint Commenters'') and the California IOUs, expressed 
concern, in response to the February 2015 NOPR, that products not 
intended to be used as spot coolers could meet the definition of spot 
cooler and thereby avoid having to comply with portable AC standards. 
(NOPR Joint Commenters, No. 19 at p. 2; California IOUs, No. 20 at p. 
2) In response to the concern raised by the NOPR Joint Commenters and 
California IOUs, DOE does not expect that manufacturers would begin 
selling products in spot cooler configurations due to the consumer 
utility impacts of exhausting the hot condenser air within the 
conditioned space.
    NAM urged DOE to exclude commercial portable ACs \6\ from the 
portable AC test procedure due to the unique construction and limited 
energy use of these niche products. Oceanaire and NAM explained that 
commercial portable ACs are primarily used to address temporary or 
short-term extreme conditions (elevated temperature, humidity, and 
corrosive surroundings). These commenters stated that commercial 
portable AC environmental conditions vary more significantly than those 
in consumer households, and therefore, claimed that

[[Page 35247]]

a single ambient test condition would not accurately reflect commercial 
portable AC performance. (Oceanaire, No. 10 at pp. 2-3; NAM, No. 17 at 
pp. 2-3) DOE established a definition and coverage for portable ACs in 
the April 2016 Coverage Determination. 81 FR 22514, 22516-22517, 22519-
22520 (April 18, 2016). This definition requires that a portable AC 
operate on single-phase electric current, which DOE expects would 
exclude those products intended only for use in industrial 
applications. Any products that meet the portable AC definition are 
subject to the test procedures in this final rule, if applicable, and 
would be subject to any energy conservation standards should DOE 
establish them. As discussed earlier in this section, DOE is 
establishing test procedures only for single-duct and dual-duct 
portable ACs in this final rule. Accordingly, any portable ACs that 
meet the single-duct and dual-duct portable AC definitions are required 
to be tested according to appendix CC. Although DOE has identified 
portable AC configurations other than single-duct and dual-duct 
portable ACs, DOE is not establishing test procedures for such portable 
ACs in this final rule because it has not identified testing provisions 
that would be representative of operation during typical use. Further, 
because the test procedures established in this final rule apply only 
to single-duct and dual-duct portable ACs as discussed previously in 
this rule, DOE is not establishing the spot cooler definition proposed 
in the February 2015 NOPR and November 2015 SNOPR, as DOE has 
determined that it is not necessary for purposes of testing or product 
classification.
---------------------------------------------------------------------------

    \6\ DOE expects that ``commercial portable ACs,'' as discussed 
by NAM and Oceanaire, likely refers to spot coolers. This 
determination was based on reviewing their overall comments and 
Oceanaire's product availability.
---------------------------------------------------------------------------

    In conclusion, DOE is establishing, in this final rule, definitions 
for single-duct and dual-duct portable ACs. As noted in section 
III.A.1.a of this final rule, DOE is codifying these definitions at 10 
CFR 430.2, rather than appendix CC, to reflect their applicability to 
the entirety of DOE's portable AC regulations, not only the test 
methods contained in appendix CC.
2. Convertible Products
    DOE recognizes that some single-duct or dual-duct portable ACs may 
provide the consumer with the option to operate the unit as either a 
single-duct or dual-duct portable AC. If a product is distributed in 
commerce in both configurations, the different configurations represent 
different ``basic models'' within DOE's regulatory framework and the 
product must be rated and certified in both configurations. If a 
single-duct or dual-duct portable AC is offered with options for 
single-ducting and dual-ducting, such a unit would be required to be 
tested as a single-duct portable AC and a dual-duct portable AC. To the 
extent DOE establishes energy conservation standards for single-duct 
and dual-duct portable ACs, a single-duct or dual-duct portable AC 
distributed in commerce with multiple duct configurations would also be 
required to comply with any energy conservation standards applicable to 
those configurations. DOE notes that DOE's definition of ``distributed 
in commerce'' includes any representations made on manufacturer Web 
sites or in marketing literature, including optional accessories, 
regardless of the configuration in which the model is typically sold. 
That is, if a single-duct or dual-duct portable AC is advertised as 
capable of operating in both a single-duct and dual-duct configuration, 
that model would meet DOE's definitions of both single-duct and dual-
duct portable ACs and, therefore, would be required to be tested and 
certified under both configurations.
    This approach is similar to how DOE has treated other types of 
covered products and equipment, including dehumidifiers. In the recent 
dehumidifier test procedure final rule, DOE explained that products 
that meet the definitions for both portable and whole-home 
dehumidifiers as produced by the manufacturer, exclusive of any third-
party modifications, must be tested in both configurations and comply 
with any applicable energy conservations standards for each 
configuration. 80 FR 45802, 45806 (July 31, 2015). Therefore, under 
this final rule, single-duct and dual-duct portable ACs that are 
distributed in commerce with multiple duct configuration options must 
be tested in each applicable configuration and the performance in each 
tested configuration must comply with any applicable energy 
conservation standards.

B. Active Mode

    In the February 2015 NOPR, DOE proposed to define ``active mode'' 
as a mode in which the portable AC is connected to a mains power 
source, has been activated, and is performing the main functions of 
cooling or heating the conditioned space, circulating air through 
activation of its fan or blower without activation of the refrigeration 
system, or defrosting the refrigerant coil. 80 FR 10211, 10216 (Feb. 
25, 2015). In the November 2015 SNOPR, DOE determined that the existing 
statutory definition of ``active mode'' was sufficient for purposes of 
the portable AC test procedure and therefore no longer proposed a 
separate definition of ``active mode'' for portable ACs. 80 FR 74020, 
74022 (Nov. 27, 2015).
    AHAM agreed with DOE's proposal to remove the expanded definition 
for active mode from the test procedure. (AHAM, No. 23 at p. 2) DOE 
maintains the November 2015 SNOPR proposal and does not establish a 
separate definition of ``active mode'' for portable ACs in this final 
rule.

C. Cooling Mode

1. General Test Approach
    In the November 2015 SNOPR, DOE proposed a test procedure with 
provisions for measuring portable AC energy use in cooling mode that 
would be based on the current version of AHAM PAC-1, ANSI/AHAM PAC-1-
2015. The general test method in ANSI/AHAM PAC-1-2015 measures cooling 
capacity and EER based on an air enthalpy approach that measures the 
air flow rate, dry-bulb temperature, and water vapor content of air at 
the inlet and outlet of the portable AC when it is installed in a test 
chamber at specified indoor ambient conditions and the ducts are 
connected to a second chamber at specified outdoor ambient conditions. 
DOE noted in the November 2015 SNOPR that AHAM issued this new version 
of PAC-1 in 2015, with no changes in language from the 2014 version. 
Therefore, although DOE previously proposed in the February 2015 NOPR 
to adopt a test procedure for portable ACs that would be based on AHAM 
PAC-1-2014, DOE proposed in the November 2015 SNOPR to reference the 
identical updated version, ANSI/AHAM PAC-1-2015, in the proposed DOE 
portable AC test procedure in order to reference the most current 
industry version. 80 FR 74020, 74023 (Nov. 27, 2015).
    AHAM supported the updated reference to ANSI/AHAM PAC-1-2015, 
confirming that the two versions are identical and noting that ANSI/
AHAM PAC-1-2015 was a re-publication under ANSI requirements. (AHAM, 
No. 23 at p. 2)
    DOE maintains the November 2015 SNOPR proposal and establishes 
ANSI/AHAM PAC-1-2015 as the basis for the DOE portable AC test 
procedure in this final rule.
    DOE determined, however, in the February 2015 NOPR and November 
2015 SNOPR that the results from ANSI/AHAM PAC-1-2015 tests do not 
fully account for operational factors that contribute to an apparent 
reduction of cooling capacity in the field, namely air infiltration 
from outside the conditioned space and heat transfer through the

[[Page 35248]]

ducts and product case. DOE observed that infiltration from outside the 
conditioned space occurs due to the negative pressure induced as 
condenser air is exhausted outside the conditioned space. Although this 
effect is most pronounced for single-duct units, which draw all of 
their condenser air from with the conditioned space, dual-duct units 
also typically draw a portion of their condenser air from the 
conditioned space, which creates a negative pressure in the conditioned 
space, leading to infiltration air from unconditioned spaces (e.g., 
outdoors, attics, and crawlspaces). Accordingly, DOE proposed in the 
February 2015 NOPR numerical calculations that would adjust the 
measured cooling capacity by subtracting the sensible and latent heat 
transfer of infiltration air at the outdoor conditions, as well as 
measured duct and case heat transfer. 80 FR 10211, 10223-10227 (Feb. 
25, 2015); 80 FR 74020, 74026-74030 (Nov. 27, 2015). DOE received 
multiple comments regarding these proposed adjustments. Comments 
relating to the incorporation of infiltration air adjustments are 
discussed in this section, while those pertaining to duct and case heat 
transfer are discussed later in section III.C.5 and section III.C.6 of 
this final rule.
    Related to an adjustment for infiltration, ASAP supported 
incorporating the effects of infiltration air in the measure of cooling 
capacity. (ASAP, Public Meeting Transcript, No. 13 at p. 44) 
Conversely, AHAM and De' Longhi Appliances s.r.l. (De' Longhi) opposed 
DOE's proposal to apply a numerical adjustment for infiltration air to 
the results of ANSI/AHAM PAC-1-2015 testing. They indicated that it is 
not possible to identify or incorporate realistic infiltration air 
field conditions in a test procedure. AHAM suggested that factors such 
as home construction, floorplan, insulation, and leakage are all 
variables that affect the impact of infiltration air and are outside 
the control of the manufacturing process. According to AHAM, unlike 
duct heat transfer and leakage loss which can be controlled and, to 
some extent, standardized, air infiltration cannot be standardized 
without assumptions to analyze the variables. Additionally, AHAM urged 
DOE to obtain portable AC-specific data to support its proposed test 
procedure. (AHAM, No. 23 at pp. 1-3; De' Longhi, No. 25 at p. 1)
    Data presented in the February 2015 NOPR demonstrated that the net 
cooling of portable ACs is generally significantly lower than the air 
enthalpy measurements in ANSI/AHAM PAC-1-2015 would suggest, primarily 
due to the effects of air infiltration. Therefore, DOE determined that 
the use of ANSI/AHAM PAC-1-2015 alone would not accurately represent 
portable AC performance. Further, DOE's testing results indicated that 
varying air flow rates and heat losses among different portable ACs 
would preclude a fixed translation factor that could be applied to the 
results of ANSI/AHAM PAC-1-2015 to account for the impact of air 
infiltration. 80 FR 10211, 10221 (Feb. 25, 2015). DOE requested 
additional portable AC usage data from interested parties in both the 
February 2015 NOPR and November 2015 SNOPR and received no specific 
information that would impact DOE's proposals. DOE further notes, as 
discussed in section I.A of this final rule, that in accordance with 
EPCA, a test procedure must be designed to produce test results that 
measure energy efficiency during a representative average period of 
use. (42 U.S.C. 6293(b)(3)) Consequently, a DOE test procedure need not 
predict performance under every application, but rather under 
reasonably representative conditions applied consistently across all 
products. Therefore, DOE maintains its determination that the effects 
of infiltration air must be accounted for in the portable AC test 
procedure it establishes in this final rule, as it represents the 
performance of portable ACs under their typical installations and 
applications.
    De' Longhi expressed concern that modifying the AHAM PAC-1-2014 
method to account for infiltration air would disproportionately impact 
single-duct portable AC performance and subsequently cause the removal 
of such products from the market. De' Longhi asserted that single-duct 
portable ACs provide a unique consumer utility, allowing for easy 
installation, lighter weights, smaller dimensions, and the 
corresponding ability to easily move the equipment from room to room. 
According to De' Longhi, overall energy consumption may be reduced by 
using single-duct portable ACs because no room is conditioned 
unnecessarily. Therefore, De' Longhi did not agree with the proposal to 
modify the cooling capacity equation in AHAM PAC-1-2014 to address the 
effects of infiltration air. De' Longhi further noted that a certain 
amount of fresh air (make up air) is always required for proper 
ventilation. For residential occupancies, one to two air changes per 
hour are recommended. So the effect of air ventilation should be 
considered also, in general, for all air conditioning categories or it 
should be discounted for portable ACs. (De' Longhi, Public Meeting 
Transcript, No. 13 at pp. 13-15, 40; De' Longhi, No. 16 at pp. 1-3)
    In response to De' Longhi's concerns regarding disproportionate 
impacts on single-duct portable ACs when infiltration air is accounted 
for, DOE notes that DOE's test procedure must provide an accurate 
representation of portable AC energy consumption during an average 
cycle of use. As noted previously, single-duct portable ACs typically 
generate higher rates of infiltration air than comparable dual-duct 
units, and such infiltration affects the capacity and efficiency. 
Therefore, DOE believes it is appropriate to address the impacts of 
infiltration air in the SACC and CEER, as this represents expected 
installation and performance.
    However, as discussed further in section III.C.2, section III.C.3, 
and III.H of this final rule, the rating conditions and SACC 
calculation proposed in the November 2015 SNOPR mitigate De' Longhi's 
concerns. DOE recognizes that the impact of infiltration on portable AC 
performance is test-condition dependent and, thus, more extreme outdoor 
test conditions (i.e., elevated temperature and humidity) emphasize any 
infiltration-related performance differences. The rating conditions and 
weighting factors proposed in the November 2015 SNOPR, and adopted in 
this final rule (see section III.C.2.a and section III.C.3 of this 
final rule), represent more moderate conditions than those proposed in 
the February 2015 NOPR. Therefore, the performance impact of 
infiltration air heat transfer on all portable AC configurations is 
less extreme. In consideration of the changes in test conditions and 
performance calculations since the February 2015 NOPR and the test 
procedure established in this final rule, DOE expects that single-duct 
portable AC performance is significantly less impacted by infiltration 
air.
    Friedrich stated that the test procedure requires both rooms to be 
within 6 percent of the measured cooling or heating capacity, and 
therefore, because the rooms are balanced and there is a minor amount 
of pressure differential between both rooms, there is no need to take 
into account the infiltrated air. (Friedrich, Public Meeting 
Transcript, No. 13 at pp. 44-45) DOE infers that Friedrich's comment 
references Section 7.2 of ANSI/ASHRAE Standard 37-2009, ``Methods of 
Testing for Rating Electrically Driven Unitary Air-Conditioning and 
Heat Pump Equipment'' (ANSI/ASHRAE Standard 37-2009), which specifies 
that two simultaneous tests be conducted to determine the capacity of 
products rated

[[Page 35249]]

at less than 135,000 Btu/h, and Section 10.1.2 of that standard which 
specifies that the results of these tests must agree within 6 percent. 
However, these sections of ANSI/ASHRAE Standard 37-2009 are not 
referenced in ANSI/AHAM PAC-1-2015, nor were they referenced in the 
proposed DOE test procedure in the February 2015 NOPR or November 2015 
SNOPR. Therefore, Friedrich's comment does not apply to the DOE 
portable AC test procedure. In this final rule, DOE maintains that the 
initial measured cooling capacity prior to other adjustments be based 
on the indoor cooling capacity, as described in Section 7.3 of ANSI/
ASHRAE Standard 37-2009 and referenced in Section 7.1.b of ANSI/AHAM 
PAC-1-2015.
2. Rating Conditions
a. Test Chamber Temperatures
    In the February 2015 NOPR, DOE proposed the following standard 
rating conditions for cooling mode testing, adopting the conditions in 
Table 3, ``Standard Rating Conditions,'' in ANSI/AHAM PAC-1-2015, shown 
in Table III.2, where Test Configuration 3 applies to dual-duct units 
and Test Configuration 5 applies to single-duct units.\7\ 80 FR 10211, 
10226 (Feb. 25, 2015).
---------------------------------------------------------------------------

    \7\ Additional information regarding the operating and test 
configurations can be found in Table 2 and Figure 1 of ANSI/AHAM 
PAC-1-2015.

                                          Table III.2--Standard Rating Conditions--Cooling Mode--NOPR Proposal
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Evaporator inlet air, [deg]F ([deg]C)             Condenser inlet air, [deg]F ([deg]C)
                 Test configuration                  ---------------------------------------------------------------------------------------------------
                                                              Dry bulb                 Wet bulb                 Dry bulb                 Wet bulb
--------------------------------------------------------------------------------------------------------------------------------------------------------
3 (Dual-Duct).......................................                80.6 (27)                66.2 (19)                  95 (35)                75.2 (24)
5 (Single-Duct).....................................                80.6 (27)                66.2 (19)                80.6 (27)                66.2 (19)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In response to the February 2015 NOPR, DENSO suggested that the 
relative humidity conditions differed significantly between the 2009 
and 2014 versions of AHAM PAC-1 and that the test conditions should be 
expressed in whole degrees. Based on DENSO's comment, in the November 
2015 SNOPR, DOE examined the relative impact of the varying latent heat 
differential between the indoor (evaporator) and outdoor (condenser) 
conditions in the February 2015 NOPR proposal and in AHAM PAC-1-2009, 
which specified slightly different temperatures in rounded [deg]F.\8\ 
DOE estimated that the change in test conditions from the 2009 to the 
2015 version of AHAM PAC-1, proposed in the February 2015 NOPR, would 
decrease cooling capacity by 5-10 percent, an amount which DOE 
considered to be significant. DOE further noted that, although the test 
conditions in ANSI/AHAM PAC-1-2015 are harmonized with those in 
Canadian Standards Association (CSA) C370-2013 and ANSI/ASHRAE Standard 
128-2011, they do not align with the test conditions in the DOE test 
procedures for other cooling products, particularly room ACs and 
central ACs. Therefore, to maintain consistency with the DOE test 
procedures of other cooling products, DOE proposed in the November 2015 
SNOPR to revise the test conditions proposed in the February 2015 NOPR 
to align with the test conditions in AHAM PAC-1-2009. Namely, DOE 
proposed in the November 2015 SNOPR to specify indoor test conditions 
of 80[emsp14][deg]F dry-bulb and 67[emsp14][deg]F wet-bulb temperature, 
and a set of outdoor test conditions of 95[emsp14][deg]F dry-bulb and 
75[emsp14][deg]F wet-bulb temperature. 80 FR 74020, 74024 (Nov. 27, 
2015).
---------------------------------------------------------------------------

    \8\ AHAM PAC-1-2009 prescribed evaporator inlet (indoor) 
conditions of 80[emsp14][deg]F dry-bulb and 67[emsp14][deg]F wet-
bulb temperature, and condenser inlet (outdoor) conditions of 
95[emsp14][deg]F dry-bulb and 75[emsp14][deg]F wet-bulb temperature.
---------------------------------------------------------------------------

    In the November 2015 SNOPR, DOE also proposed to include a second 
cooling mode test condition for dual-duct units at outdoor test 
conditions. Specifically, DOE proposed to reflect both the high-
temperature conditions when cooling is most needed and the weighted-
average temperature and humidity observed during the hottest 750 hours 
(the hours during which DOE expects portable ACs to operate in cooling 
mode) by testing using both the 95[emsp14][deg]F dry-bulb and 
75[emsp14][deg]F wet-bulb temperature test condition and a second 
83[emsp14][deg]F dry-bulb temperature and 67.5[emsp14][deg]F wet-bulb 
temperature test condition. For single-duct units, as both the 
evaporator inlet and condenser inlet air conditions are based on the 
indoor air condition, the air enthalpy test is not affected by the 
outdoor air conditions. The effects of any infiltration air are then 
calculated rather than tested directly. Accordingly, DOE proposed to 
maintain the same air enthalpy test for single-duct units. In addition 
to the infiltration air impacts assuming 95[emsp14][deg]F dry-bulb and 
75.2[emsp14][deg]F wet-bulb temperature outdoor air, DOE proposed a 
second set of numerical calculations for adjusted cooling capacity 
(ACC) at the specific test conditions, and updated calculations for 
SACC and CEER based on the two proposed infiltration air conditions. 
(See section III.C.2.c of this rulemaking for discussion of the 
numerical adjustments by means of infiltration air calculations.) This 
approach was designed to minimize testing burden for single-duct 
portable ACs. Table III.3 shows the complete set of cooling mode rating 
conditions that DOE proposed for portable ACs in the November 2015 
SNOPR. 80 FR 74020, 74026 (Nov. 27, 2015).

                                          Table III.3--Standard Rating Conditions--Cooling Mode--SNOPR Proposal
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Evaporator inlet air, [deg]F ([deg]C)             Condenser inlet air, [deg]F ([deg]C)
                 Test configuration                  ---------------------------------------------------------------------------------------------------
                                                              Dry bulb                 Wet bulb                 Dry bulb                 Wet bulb
--------------------------------------------------------------------------------------------------------------------------------------------------------
3 (Dual-Duct, Condition A)..........................                80 (26.7)                67 (19.4)                  95 (35)                75 (23.9)
3 (Dual-Duct, Condition B)..........................                80 (26.7)                67 (19.4)                83 (28.3)              67.5 (19.7)
5 (Single-Duct).....................................                80 (26.7)                67 (19.4)                80 (26.7)                67 (19.4)
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 35250]]

    AHAM agreed with DOE's assessment of the impact on cooling capacity 
and measured efficiency due to small changes in the test conditions 
between the 2009 and 2015 versions of AHAM PAC-1 and therefore 
supported DOE's proposal to revise the single-duct and the dual-duct 
(Condition A) test chamber conditions to be consistent with those in 
AHAM PAC-1-2009. AHAM also supported the proposal to conduct two tests 
for dual-duct units and noted that the increase in test burden is 
necessary in order to more accurately measure cooling capacity. (AHAM, 
No. 23 at pp. 2, 4)
    NAM challenged DOE's assertion that portable ACs are used during 
the hottest 750 hours of the cooling season, suggesting that consumers 
often use portable ACs during the transition periods before and after 
summer to cool only a certain room or rooms prior to activating their 
central cooling or heating and that a temperature representing the 
hottest times of the cooling season is not representative of consumer 
use. (NAM, No. 17 at p. 2) DENSO stated that during the off season, the 
unit would be unplugged. (DENSO, No. 14 at p. 3)
    In response to NAM's comment that portable ACs are often used 
during seasonal transition periods rather than during the hottest 750 
hours of the cooling season and therefore test conditions based on the 
hottest times of the cooling season are not representative of consumer 
use, DOE notes that, as discussed in the February 2015 NOPR, in 
developing the representative rating conditions for portable ACs, DOE's 
view was that the room AC annual operating hours and test conditions 
presented in the most recent test procedure NOPR (hereinafter the 
``room AC test procedure NOPR'') \9\ were an appropriate proxy for 
portable ACs. DOE made this determination based on the many 
similarities between room ACs and portable ACs in design, cost, 
functionality, consumer utility, and applications. In the room AC test 
procedure in 10 CFR 430.23(f) and appendix F to subpart B of 10 CFR 
part 430, cooling mode is allotted 750 hours and testing is conducted 
at 95[emsp14][deg]F, a high-temperature outdoor test condition during 
which cooling is most needed. Based on DOE's approach that the annual 
operating hours for room AC cooling was a reasonable proxy for portable 
AC cooling, DOE determined in the February 2015 NOPR that the portable 
AC cooling mode also should be allotted the hottest 750 hours during 
the cooling season. DOE requested information regarding this 
determination of cooling mode operating hours in the February 2015 NOPR 
and the November 2015 SNOPR. 80 FR 10211, 10235, 10242-10243 (Feb. 25, 
2015); 80 FR 740202, 74032 (Nov. 27, 2015). No data regarding portable 
AC annual operating hours were provided to controvert DOE's approach in 
response to either the February 2015 NOPR or the November 2015 SNOPR.
---------------------------------------------------------------------------

    \9\ See 73 FR 74639 (Dec. 9, 2008).
---------------------------------------------------------------------------

    DOE further notes that portable ACs may be used in spaces within 
the home that typically have no alternate conditioning equipment, such 
as new additions, attics, garages, and basements. In those locations, 
DOE expects portable ACs would be used as the primary conditioning 
equipment as central cooling is not typically utilized or available. 
Due to commonality with room AC use and variability in installation 
location, which suggests portable ACs are likely used as the primary 
mode of cooling for some applications, DOE maintains its determination 
that portable AC cooling mode use is most likely to occur during the 
hottest 750 hours during the cooling season, and has used this 
determination in establishing the test conditions for portable ACs in 
this final rule.
    ASAP, ASE, and NEEA (hereinafter the ``SNOPR Joint Commenters'') 
and the California IOUs commented that with multiple test conditions, 
the proposed test procedure for portable ACs would not be comparable 
with the DOE test procedure for room ACs. These commenters suggested 
that any weight given to a different test condition (e.g., the 
83[emsp14][deg]F outdoor dry-bulb temperature) would result in 
discrepancies in rated performance that would not allow for accurate 
comparison between the two similar and competing products. They 
asserted that the portable AC metric should be comparable with the room 
AC metric in order to achieve consistency with labeling and consumer 
expectations of equipment that provides similar utility. The SNOPR 
Joint Commenters and California IOUs supported a single test condition 
that reflects energy outputs during peak times when the equipment is 
most needed, as electric utilities are shifting towards peak-demand 
pricing. This single test condition would be the same as the current 
test procedure for room ACs, with an outdoor dry-bulb temperature of 
95[emsp14][deg]F, which these commenters believe best reflects peak 
usage. Because a seasonal adjustment inherently does not reflect peak 
performance, the SNOPR Joint Commenters and the California IOUs 
asserted that it would potentially underestimate peak portable AC 
energy use. The SNOPR Joint Commenters and the California IOUs further 
claimed that it is in the best interest of consumers that portable ACs 
function as anticipated in warmer temperatures. (SNOPR Joint 
Commenters, No. 22 at p. 1; California IOUs, No. 24 at p. 2)
    In developing a test procedure for portable ACs, DOE is required, 
under 42 U.S.C. 6293(b)(3), to determine performance under common 
operating conditions to provide relevant information to the consumer 
and to measure energy efficiency during a representative period of use. 
DOE recognizes the value in measuring performance at peak operating 
conditions, as the performance of portable ACs will vary as a non-
linear function of outdoor air temperature, such that a single rating 
at one outdoor test condition to represent the expected average 
operating condition may not capture the increased energy consumption at 
peak outdoor air temperatures and, therefore, would not accurately 
predict performance over an average cycle of use. DOE therefore 
concludes that capturing the performance at the peak operating 
conditions, in light of the variability expected within the cooling 
season, is necessary. As such, DOE's test procedure as established in 
this final rule captures performance at both the peak, high-temperature 
operating condition (95[emsp14][deg]F dry-bulb and 75[emsp14][deg]F 
wet-bulb temperature test condition) and the expected average operating 
condition (83[emsp14][deg]F dry-bulb temperature and 67.5[emsp14][deg]F 
wet-bulb temperature test condition) during the cooling season, and 
with weighting factors applied to the two conditions, collectively 
represent portable AC operating conditions during the cooling season.
    As discussed in section III.C.3 of this final rule, the single CEER 
metric provides a representative measure of overall portable AC 
performance that accounts for the variability in performance during the 
cooling season. DOE did not receive comment on the proposed indoor air 
condition (evaporator inlet air); therefore, DOE is maintaining the 
indoor conditions as proposed in the November 2015 SNOPR.
    In sum, DOE establishes standard rating conditions in this final 
rule that are identical with those proposed in the November 2015 SNOPR 
and summarized in Table III.3. DOE also clarifies that for the purposes 
of the cooling mode test procedure established in this final rule, 
evaporator inlet air is considered the ``indoor air'' of the 
conditioned space and (for dual-duct portable ACs) condenser inlet air 
is

[[Page 35251]]

considered the ``outdoor air'' outside of the conditioned space. DOE 
agrees that comparative ratings between room ACs and portable ACs is 
desirable and will consider whether rating conditions representative of 
room AC usage should be adjusted when it conducts a rulemaking for its 
room AC test procedures.
b. Infiltration Air Conditions
    DOE proposed in the November 2015 SNOPR a numerical adjustment to 
the cooling capacity measured under ANSI/AHAM PAC-1-2015 using, in 
part, the heat transfer from infiltration air at the outdoor conditions 
(condenser inlet air) specified in Table III.3 for Test Configuration 
3. 80 FR 74020, 74024-74026 (Nov. 27, 2015).
    The SNOPR Joint Commenters supported using infiltration air 
conditions equivalent to the outdoor test condition. According to the 
SNOPR Joint Commenters, all infiltration air is ultimately coming from 
the outdoors, and in many cases, the bulk of the infiltration air may 
be coming directly from outdoors due to leaks through the window where 
the portable AC is installed. Although they agree that the temperature 
of infiltration air coming from sources other than the window bracket 
could be either higher or lower than the outdoor air temperature, they 
believe that portable ACs should not derive a de facto benefit by being 
rated at a lower infiltration air temperature achieved via the energy 
consumption of other air conditioning equipment. (SNOPR Joint 
Commenters, No. 22 at p. 2)
    AHAM and NAM stated that air temperature and humidity vary for 
different field installations and among different rooms within a home. 
Therefore, they do not believe there is a representative infiltration 
air condition under which to test portable ACs with considerations for 
infiltration air heat transfer. (AHAM, No. 18 at p. 3; NAM, No. 17 at 
p. 2) Nonetheless, AHAM and De' Longhi stated that, should DOE include 
provisions in the test procedure to account for infiltration air 
effects despite their objections, DOE must select a representative test 
temperature for that infiltration air. (AHAM, No. 18 at p. 1; De' 
Longhi, No. 25 at p. 1) De' Longhi suggested that DOE's analysis is 
inconsistent by considering both a national average condition (the 
83[emsp14][deg]F dry-bulb temperature) and a weighted average of the 
83[emsp14][deg]F and 95[emsp14][deg]F dry-bulb temperature conditions 
when considering a representative temperature for the infiltration air. 
(De' Longhi, No. 25 at p. 2)
    DOE agrees with AHAM and NAM that, in practice, the infiltration 
air conditions are variable depending on the specifics of installation, 
time of use, and other parameters. It is therefore necessary to 
identify testing conditions that best represent the typical range of 
parameters without being unduly burdensome to conduct. In specifying an 
appropriate test condition for the infiltration air, DOE maintains its 
assertion that infiltration air conditions are best represented by the 
outdoor air conditions. As discussed in the November 2015 SNOPR, DOE's 
research indicated that infiltration air flow rates are significant and 
represent a substantial percentage of the evaporator air flow rates for 
both single-duct and dual-duct portable ACs. These infiltration air 
flow rates are primarily due to the net negative pressure within the 
conditioned space due to portable AC operation. Additionally, certain 
units may have poor sealing in and around the window-mounting 
apparatus. The lack of sealing at the mounting point was supported by 
research conducted for room ACs within similar window installations and 
observation of portable AC installation equipment supplied by 
manufacturers. 80 FR 74020, 74025-74026 (Nov. 27, 2015). Thus, 
available information points to infiltration air predominantly entering 
the conditioned space directly from outside the window, and DOE 
maintains that assertion in specifying the infiltration-related test 
provisions for portable ACs adopted in this final rule with the 
conditions listed in Table III.3. Additionally, for the reasons 
discussed in section III.C.2.a of this final rule, DOE establishes that 
both the 83[emsp14][deg]F and 95[emsp14][deg]F dry-bulb temperatures 
and associated wet-bulb temperatures are representative outdoor 
conditions to include in the test procedure.
    DENSO commented that if the effects of infiltration air are 
considered, they should be included on an annual basis, in which case 
the infiltration will lead to net cooling during the majority of the 
year when the infiltration air will be cooler than the temperature of 
the conditioned space. (DENSO, No. 14 at p. 2) However, as noted 
previously, DENSO also stated that during the off season, the unit 
would be unplugged. (DENSO, No. 14 at p. 3)
    As discussed previously in section III.C.2 of this final rule, DOE 
expects that portable ACs operate during the hottest 750 hours of the 
cooling season based on annual operating hours determined by DOE for 
its room AC test procedure. DOE does not have information to suggest 
that the number of cooling season operating hours for portable ACs is 
significantly different than the average number of operating hours for 
room ACs, as they provide a similar consumer utility and serve similar 
applications. However, as suggested by DENSO, DOE expects that portable 
ACs would be unplugged outside of their operation during the cooling 
season. Therefore, DOE does not expect infiltration air associated with 
portable AC operation to occur outside of the cooling season.
    To further address DENSO's comment regarding infiltration air and 
portable AC operation during the year, DOE presents the following 
field-metered study for portable ACs that suggests typical portable AC 
operation occurs only during the cooling season. In research conducted 
by Burke, et al., using field-metered data for a sample of 19 single-
duct and dual-duct portable ACs (hereinafter referred to as the Burke 
Portable AC Study),\10\ an annual energy use model was developed which 
included an estimate of the percentage of time that a typical portable 
AC spends in cooling mode as a function of the outdoor temperature. The 
linear equation, based on outdoor dry-bulb temperature in [deg]F for 
residential sites, is expressed as:
---------------------------------------------------------------------------

    \10\ T. Burke, et al., ``Using Field-Metered Data to Quantify 
Annual Energy Use of Portable Air Conditioners,'' Lawrence Berkeley 
National Laboratory, Report No. LBNL-6868E-Rev (December 2014). 
Available at https://publications.lbl.gov/islandora/object/ir%3A6868E-Rev.

---------------------------------------------------------------------------
% Time in Cooling Mode = 0.005 x Outdoor Temperature - 0.2909

    Based on this equation, a portable AC would, on average, operate in 
cooling mode approximately four to five times more often when the 
outdoor temperatures are at the rating conditions of 83[emsp14][deg]F 
and 95[emsp14][deg]F (12 percent and 18 percent of the time, 
respectively) than when outdoor temperatures are 65[emsp14][deg]F or 
lower, which are conditions more likely to be experienced outside of 
the cooling season. For portable ACs installed in commercial sites, the 
percentage of time spent in cooling mode is even higher, as indicated 
by the following linear equation from the Burke Portable AC Study:

% Time in Cooling Mode = 0.0193 x Outdoor Temperature - 0.9382

    When outdoor conditions are 83[emsp14][deg]F and 95[emsp14][deg]F, 
a portable AC in a commercial location would be expected to spend 66 
percent and 90 percent of the time in cooling mode, respectively, 
versus 32 percent or less when outdoor temperatures are no more than 
65[emsp14][deg]F.
    Therefore, because portable ACs operate a significantly greater 
percentage of the time in cooling mode

[[Page 35252]]

when outdoor temperatures are those associated with the rating 
conditions, which are derived from climate data during the cooling 
season, than when outdoor temperatures are more consistent with time 
periods outside the cooling season, DOE did not consider year-round 
operation when evaluating the impacts of infiltration air on portable 
AC cooling capacity. Furthermore, due to their portability and ease of 
installation, DOE expects the majority of portable ACs are likely to be 
installed only during the cooling season rather than year-round, 
thereby avoiding the infiltration of air cooler than the conditioned 
space. For these reasons, DOE concludes that the condenser inlet air 
(outdoor) rating conditions specified for Test Configuration 3 
(Conditions A and B) are appropriate temperatures to use in applying 
the numerical adjustment to account for air infiltration effects.
c. Infiltration Air Calculations
    As discussed in section III.C.2.b of this final rule, DOE proposed 
in the November 2015 SNOPR a numerical adjustment to the cooling 
capacity measured under ANSI/AHAM PAC-1-2015 using, in part, the heat 
transfer from infiltration air at the outdoor conditions. In the 
November 2015 SNOPR, DOE proposed to calculate the sensible and latent 
heat components of infiltration air using the nominal test chamber and 
infiltration air conditions, as:

Qs = m x 60 x [(cp\da x (Tia _ Tindoor)) + (cp\wv x ([omega]ia x Tia _ 
[omega]indoor x Tindoor))]

Where:

Qs is the sensible heat added to the room by infiltration 
air, in Btu/h;
m is the dry air mass flow rate of infiltration air for a single-
duct or dual-duct unit, in pounds per minute (lb/m);
cp_da is the specific heat of dry air, 0.24 Btu per pound 
per degree Fahrenheit (Btu/lbm-[deg]F).
cp_wv is the specific heat of water vapor, 0.444 Btu/
lbm-[deg]F.
Tindoor is the indoor chamber dry-bulb temperature, 
80[emsp14][deg]F.
Tia is the infiltration air dry-bulb temperature, 
95[emsp14][deg]F.
[omega]ia is the humidity ratio of the infiltration air, 
0.0141 pounds of water per pounds of dry air (lbw/
lbda).
[omega]indoor is the humidity ratio of the indoor chamber 
air, 0.0112 lbw/lbda.
60 is the conversion factor from minutes to hours.

Ql = m x 60 x Hfg x ([omega]ia _ [omega]indoor)

Where:

Ql is the latent heat added to the room by infiltration 
air, in Btu/h.
m is the mass flow rate of infiltration air for a single-duct or 
dual-duct duct unit, in lb/m.
Hfg is the latent heat of vaporization for water vapor, 
1061 Btu/lbm.
[omega]ia is the humidity ratio of the infiltration air, 
0.0141 lbw/lbda.
[omega]indoor is the humidity ratio of the indoor chamber 
air, 0.0112 lbw/lbda.
60 is the conversion factor from minutes to hours.

    The sensible and latent heat components of infiltration air are 
added, and this sum is subtracted from the measured indoor-side cooling 
capacity to provide a representative measure of net cooling capacity 
provided to the conditioned space. DOE received no comments on the 
sensible and latent heat components of infiltration air equations using 
the nominal test chamber and infiltration air conditions, and maintains 
these equations in this final rule.
3. Seasonally Adjusted Cooling Capacity
    In the November 2015 SNOPR, DOE proposed to apply weighting factors 
of 20 percent and 80 percent to the adjusted capacities from the two 
proposed conditions of 95[emsp14][deg]F and 83[emsp14][deg]F, 
respectively. These weighting factors were developed using an 
analytical approach based upon 2012 hourly climate data from the 
National Climatic Data Center (NCDC) of the National Oceanic and 
Atmospheric Administration (NOAA), collected at weather stations in 44 
representative states, and data from the 2009 edition of the 
Residential Energy Consumption Survey (RECS),\11\ and estimating the 
percentage of portable AC operating hours that would be associated with 
each rating condition. DOE allocated the number of annual hours with 
temperatures that ranged from 80[emsp14][deg]F (the indoor test 
condition) to 89[emsp14][deg]F (a temperature mid-way between the two 
rating conditions) to the 83[emsp14][deg]F rating condition. Similarly, 
the hours in which the ambient temperature was greater than 
89[emsp14][deg]F were assigned to the 95[emsp14][deg]F rating 
condition. DOE then performed a geographical weighted averaging using 
data from RECS to determine weighting factors of 19.7 percent and 80.3 
percent, respectively, for the 95[emsp14][deg]F and 83[emsp14][deg]F 
rating conditions. DOE proposed in the November 2015 SNOPR to apply 
rounded weighting factors of 20 percent and 80 percent to the results 
of its testing at 95[emsp14][deg]F and 83[emsp14][deg]F, respectively. 
The calculation for this ``seasonally adjusted cooling capacity'' 
(SACC), based on the cooling capacities measured at each rating 
condition and adjusted for the effect of infiltration air and duct heat 
transfer (the ``adjusted cooling capacity'' (ACC)), was proposed in the 
November 2015 SNOPR according to the following equation.

    \11\ RECS data are available online at http://www.eia.gov/consumption/residential/data/2009/''www.eia.gov/consumption/residential/data/2009/.
---------------------------------------------------------------------------

SACC = (ACC95 x 0.2) + (ACC83 x 0.8)

Where:

SACC is the seasonally adjusted cooling capacity, in Btu/h.
ACC95 and ACC83 are the adjusted cooling 
capacities calculated at the 95[emsp14][deg]F and 83[emsp14][deg]F 
dry-bulb outdoor conditions, in Btu/h, respectively.
0.2 is the weighting factor for ACC95.
0.8 is the weighting factor for ACC83.

    The California IOUs stated that the proposed weighting for these 
test conditions implies that portable ACs are four times more likely to 
be used when outdoor conditions are 83 [deg]F versus 95 [deg]F, the 
reverse of what they claim is expected. The California IOUs and SNOPR 
Joint Commenters expect consumers to primarily operate portable ACs 
during the hottest times, and stated that the test procedure should 
only measure performance at 95 [deg]F without the weighting proposed in 
the November 2015 SNOPR. The California IOUs expressed concern that the 
83 [deg]F rating condition is not representative of actual use, and 
therefore objected to the 80-percent weighting of the results at that 
test condition in the calculations of SACC and CEER as proposed in the 
November 2015 SNOPR. The California IOUs urged DOE to base the portable 
AC test procedure and performance metrics on the single outdoor 
temperature of 95 [deg]F. (California IOUs, No. 24 at p. 2; SNOPR Joint 
Commenters, No. 22 at p. 1)
    AHAM and De' Longhi disagreed with DOE's approach to assign a 
temperature greater than 89 [deg]F to the 95 [deg]F rating condition. 
They noted that Table 16 of the ANSI/Air-Conditioning, Heating, and 
Refrigeration Institute (AHRI) Standard 210/240, ``Performance Rating 
of Unitary Air-Conditioning and Air-Source Heat Pump Equipment'' (ANSI/
AHRI Standard 210/240), provides the distribution of fractional hours 
within a cooling season, and shows that temperatures greater than 95 
[deg]F account for only about 2 percent of the cooling season. Because 
these data are more granular than RECS data, AHAM and De' Longhi 
suggested that DOE apply weighting factors of 98 percent to the 83 
[deg]F condition and 2 percent to the 95 [deg]F condition in the SACC 
and CEER equations, which De' Longhi noted would still correspond to a 
weighted-average temperature higher than DOE's estimated national-
average dry-bulb temperature of 83 [deg]F. (AHAM, No. 23 at pp. 3-4; 
De' Longhi, No. 25 at p. 2)
    For the reasons discussed in section III.C.2.a of this rulemaking, 
DOE has

[[Page 35253]]

concluded based on research of typical ambient temperature conditions, 
expected geographical distribution, and annual usage of portable ACs 
that the 83 [deg]F and 95 [deg]F outdoor rating conditions are 
representative rating conditions. DOE notes that the analysis presented 
in the November 2015 SNOPR utilizes RECS data to determine the 
geographical distribution of the number of hours at the two test 
conditions within the cooling season. Although ANSI/AHRI Standard 210/
240 provides a fractional distribution of hours in the cooling season, 
that single distribution is not necessarily appropriate for states in 
which RECS data suggest portable ACs are typically used. Furthermore, 
DOE believes it is appropriate to assign all hours at temperatures 
above 89 [deg]F to the 95 [deg]F test condition as the measured 
performance of the equipment varies incrementally between 83 [deg]F and 
95 [deg]F and the performance measured at the 95 [deg]F test condition 
is more representative of equipment performance for temperatures 
between 89 [deg]F and 95 [deg]F (e.g., 90 [deg]F) than the measured 
performance at the 83 [deg]F rating condition. Because the threshold 
temperature of 89 [deg]F evenly divides the temperature range that DOE 
apportions between the two rating conditions, DOE maintains that the 
weighting values proposed in the November 2015 SNOPR, based on the 
climate analysis and RECS data for geographical weighting of the 
distribution of temperature hours within the cooling season, are 
representative of the SACC during typical periods of operation. 
Therefore, DOE is adopting, in this final rule, weights of 80 percent 
and 20 percent for the ACCs determined based on the 83 [deg]F and 95 
[deg]F rating conditions, respectively, as proposed in the November 
2015 SNOPR.
4. Test Duration
    In the November 2015 SNOPR, DOE noted that ANSI/AHAM PAC-1-2015 
specifies testing in accordance with certain sections of ANSI/ASHRAE 
Standard 37-2009, but does not explicitly specify the test duration 
required when conducting portable AC active mode testing. DOE therefore 
proposed that the active mode test duration be determined in accordance 
with Section 8.7 of ANSI/ASHRAE Standard 37-2009.\12\ 80 FR 74020, 
74027 (Nov. 27, 2015).
---------------------------------------------------------------------------

    \12\ Section 8.7 of ANSI/ASHRAE Standard 37-2009 requires a 
steady-state period during which performance is consistent with the 
test tolerances specified in Table 2 of ANSI/ASHRAE Standard 37-2009 
before cooling capacity test data are recorded. Data used in 
evaluating cooling capacity is then recorded at equal intervals that 
span five minutes or less until readings over a period of one-half 
hour are within the tolerances prescribed in section 9.2 of ANSI/
ASHRAE Standard 37-2009.
---------------------------------------------------------------------------

    AHAM agreed with the proposal to aid in standardizing the test 
procedure and reducing variation in the results. In addition to Section 
8.7 of ANSI/ASHRAE Standard 37-2009, AHAM suggested including Section 
7.1.2 from ANSI/AHAM PAC-1-2015 that clarifies the test period 
adjustments necessary for portable ACs with a condensate pump. AHAM 
believes that referencing these sections will maximize accuracy, 
repeatability, and reproducibility of a DOE portable AC test procedure. 
(AHAM, No. 23 at pp. 4-5) In response to AHAM's suggestion, DOE notes 
that section 3.1.1.3 of the DOE test procedure proposed in the November 
2015 SNOPR provides direction on conducting the test for units with 
different condensate collection and removal capabilities. In that 
section, DOE prescribed specific test requirements for units tested 
with condensate pumps and stated that section 7.1.2 of ANSI/AHAM PAC-1-
2015 should be used for units tested with a condensate pump that do not 
have an auto-evaporative feature or gravity drain and for which the 
manufacturer has not specified the use of an included condensate pump 
during cooling mode operation. These test provisions are discussed in 
more detail in section III.C.8 of this final rule.
    In this final rule, DOE adopts the November 2015 SNOPR proposals 
regarding the active mode test duration period.
5. Duct Heat Transfer and Leakage
a. Duct Heat Transfer Impacts
    In the February 2015 NOPR, DOE presented its determination that 
duct heat losses and air leakage are non-negligible effects, and 
proposed to account for heat transferred from the duct surface to the 
conditioned space in the portable AC test procedure. DOE proposed that 
four equally spaced thermocouples be adhered to the side of the length 
of the condenser exhaust duct for single-duct units and the condenser 
inlet and exhaust ducts for dual-duct units. DOE proposed to determine 
the duct heat transfer for each duct from the average duct surface 
temperature as measured by the four thermocouples, a convection heat 
transfer coefficient of 4 Btu/h per square foot per [deg]F (Btu/h-
ft\2\-[deg]F), and the calculated duct surface area based on the test 
setup. 80 FR 10211, 10227 (Feb. 25, 2015).
    In the November 2015 SNOPR, DOE found that the exhaust and intake 
duct surface heat transfer impacts were sufficiently significant to 
warrant the added test burdens associated with measuring and 
incorporating duct heat transfer impacts into the overall seasonally 
adjusted cooling capacity. 80 FR 74020, 74028 (Nov. 27, 2015).
    AHAM and the SNOPR Joint Commenters agreed with DOE's proposal that 
duct heat transfer and losses need to be addressed as the duct heat 
transfer impacts are substantial and vary significantly among units. 
The SNOPR Joint Commenters supported incorporating duct heat transfer 
impacts in the test procedure to better reflect actual cooling capacity 
and efficiency of portable ACs and to encourage manufacturers to reduce 
duct heat transfer. (AHAM, No. 23 at p. 5; SNOPR Joint Commenters, No. 
22 at p. 6)
    In this final rule, DOE adopts the proposal in the November 2015 
SNOPR and establishes that the duct heat transfer impacts be measured 
and incorporated into the overall SACC.
b. Convection Coefficient
    In the November 2015 SNOPR, DOE maintained the overall heat 
transfer convection coefficient of 4 Btu/h-ft\2\-[deg]F for calculating 
duct heat losses originally proposed in the February 2015 NOPR. DOE 
explained that the 2013 ASHRAE Handbook--Fundamentals \13\ (hereinafter 
the ASHRAE Handbook) provides typical convection coefficient values for 
various types of assemblies in buildings. The proposed convection 
coefficient of 4 Btu/h-ft\2\-[deg]F was based on typical free 
convection coefficients, ranging from 0.22 to 1.63 Btu/h-ft\2\-[deg]F, 
and typical forced convection coefficients, between 4.00 and 6.00 Btu/
h-ft\2\-[deg]F, depending upon the air speed. DOE determined that the 
air speeds discussed in the ASHRAE Handbook would be similar to the air 
speeds over the portable AC duct(s) due to air circulation within the 
conditioned space.
---------------------------------------------------------------------------

    \13\ ASHRAE Handbook--Fundamentals. American Society of Heating, 
Refrigerating, and Air-Conditioning Engineers, Atlanta, GA. 2013.
---------------------------------------------------------------------------

    In support of the November 2015 SNOPR, DOE re-examined the data it 
obtained from testing a sample of four single-duct and two dual-duct 
portable ACs for the May 2014 NODA to determine the duct heat transfer 
convection coefficient for each unit. The calculated heat transfer 
convection coefficients based on DOE's testing ranged from 1.70 Btu/h-
ft\2\-[deg]F to a high of 5.26 Btu/h-ft\2\-[deg]F, with an average of 
3.13 Btu/h-ft\2\-[deg]F. In the November 2015 SNOPR, DOE noted that, 
although the average heat transfer coefficient calculated from DOE's 
test results was

[[Page 35254]]

slightly lower than the value proposed in the February 2015 NOPR, the 
proposed value of 4 Btu/h-ft\2\-[deg]F was within the range of values 
measured during DOE's testing and was appropriate based on the lower 
end of the range of typical convection coefficients in the ASHRAE 
Handbook. In the November 2015 SNOPR, DOE also noted the significant 
variation in individual results due to different duct types, 
installation configurations, forced convection air flow patterns, and 
other factors; therefore, it is possible that DOE's test results do not 
represent the full range of possible heat loss coefficient values. DOE 
believed that the measured duct losses reported in the November 2015 
SNOPR confirmed that the original value proposed in the February 2015 
NOPR was sufficiently representative of typical duct losses and 
proposed to maintain the original duct heat transfer proposal from the 
February 2015 NOPR, including the convection heat transfer coefficient 
of 4 Btu/h-ft\2\-[deg]F. 80 FR 74020, 74029 (Nov. 27, 2015).
    AHAM and De' Longhi stated that the average measured convection 
heat transfer coefficient in Table III.4 of the November 2015 SNOPR was 
3.13 Btu/h-ft\2\-[deg]F, which according to AHAM was based on values of 
the heat transfer coefficient ranging from a low of 2.11 Btu/h-ft\2\-
[deg]F to a high of 4.10 Btu/h-ft\2\-[deg]F. AHAM asserted that the 
test data did not validate the value proposed in the February 2015 NOPR 
and therefore, AHAM suggested that, unless additional data supported a 
different value for the heat transfer coefficient, DOE adopt a rounded 
average value of 3 Btu/h-ft\2\-[deg]F. De' Longhi similarly recommended 
that DOE use a value of 3 Btu/h-ft\2\-[deg]F for the duct convection 
heat transfer coefficient. (AHAM, No. 23 at p. 5; De' Longhi, No. 25 at 
p. 2)
    DOE notes that the value for the convection heat transfer 
coefficient proposed in the November 2015 SNOPR was based on standard 
industry handbook values under reasonably representative air flow 
conditions and was generally confirmed based on consideration of test 
data from DOE's sample of portable ACs. However, following additional 
consideration, DOE recognizes that the typical industry handbook 
convection coefficient values may not represent the variation of test 
conditions and range of convection coefficients applicable to portable 
AC ducts. As noted above, for both single-duct and dual-duct portable 
ACs in DOE's test sample, the duct heat transfer coefficients ranged 
from 1.70 to 5.26 Btu/h-ft\2\-[deg]F, as listed in Table III.4 of the 
November 2015 SNOPR, with an average value of approximately 3.1 Btu/h-
ft\2\-[deg]F. 80 FR 74020, 74029 (Nov. 27, 2015).
    After considering the AHAM and De' Longhi comments and reviewing 
the test data presented in the November 2015 SNOPR, DOE has concluded 
that its test data provide the best indication of the appropriate 
convection heat transfer coefficient for portable AC ducts. Therefore, 
DOE concludes that the most representative value of the convection heat 
transfer coefficient would be a rounded average of its measured values, 
and in this final rule establishes the convection heat transfer 
coefficient as 3 Btu/h-ft\2\-[deg]F.
c. Duct Surface Area Measurements
    In the February 2015 NOPR, DOE proposed that the duct surface area 
be calculated using the outer duct diameter and extended length of the 
duct while under test. 80 FR 10211, 10227 (Feb. 25, 2015). In response 
to comments suggesting that the ducts have corrugated surfaces and 
there is likely a high uncertainty in measuring the duct surface area, 
DOE reassessed the duct surface area calculations and concluded in the 
November 2015 SNOPR that any uncertainty or variability in duct surface 
area measurements would not have a significant impact on test 
repeatability and reproducibility and maintained the surface area 
measurement as proposed in the February 2015 NOPR. 80 FR 74020, 74029 
(Nov. 27, 2015).
    DOE received no comments regarding uncertainty of duct surface area 
measurements in response to the November 2015 SNOPR proposals, and 
therefore maintains and establishes in this final rule that the duct 
surface area be calculated using the measured outer duct diameter and 
extended length of the duct while under test. However, DOE clarifies in 
the calculation of the duct surface area that the outer diameter of the 
duct includes any manufacturer-supplied insulation. See section III.C.7 
of this final rule for further discussion regarding setup and 
installations instructions for such insulation.
6. Case Heat Transfer
    In the February 2015 NOPR, DOE proposed that case heat transfer be 
determined using a method similar to the approach proposed for duct 
heat transfer. DOE proposed that the surface area and average 
temperature of each side of the case be measured to determine the 
overall heat transferred from the portable AC case to the conditioned 
space, which would be used to adjust the cooling capacity and 
efficiency. DOE noted that the case heat transfer methodology would 
impose additional test burden, but determined that the burdens were 
likely outweighed by the benefit of addressing the heat transfer 
effects of all internal heating components. 80 FR 10211, 10227-10229 
(Feb. 25, 2015).
    In the November 2015 SNOPR, DOE investigated the effects of case 
heat transfer as a percentage of the overall cooling capacity and 
determined, based on test data, that the case heat transfer was, on 
average, 1.76 percent of the AHAM PAC-1-2009 cooling capacity, with a 
maximum of 6.53 percent. Because the total case heat transfer impact 
was, on average, less than 2 percent of the cooling capacity without 
adjustments for infiltration air and heat transfer effects, DOE 
determined it had minimal impact on the cooling capacity and therefore 
proposed to remove the provisions for determining case heat transfer 
from the portable AC test procedure proposed in the February 2015 NOPR. 
80 FR 74020, 74030 (Nov. 27, 2015).
    AHAM supported DOE's proposal to remove consideration of case heat 
transfer from the test procedure due to the minimal impact on cooling 
capacity. (AHAM, No. 23 at p. 5)
    The SNOPR Joint Commenters noted that despite the relatively low 
average impact of case heat transfer on the AHAM PAC-1-2009 cooling 
capacity, the impact ranged from 0 percent to 6.5 percent. The SNOPR 
Joint Commenters also noted that the ``Modified AHAM'' cooling capacity 
reported in the February 2015 NOPR, which accounted for air 
infiltration, case, and duct heat transfer, is significantly lower than 
the AHAM PAC-1-2009 cooling capacity. Therefore, the impact of case 
heat transfer as a percentage of adjusted cooling capacity as measured 
by the DOE test procedure proposed in the February 2015 NOPR, which 
accounts for air infiltration and other heat transfer effects, would be 
larger than the impact as a percentage of the AHAM PAC-1-2009 cooling 
capacity. Accordingly, the SNOPR Joint Commenters urged DOE to retain 
the measurement of case heat transfer in the portable AC test 
procedure. (SNOPR Joint Commenters, No. 22 at pp. 2-3) DOE notes that 
the ``Modified AHAM'' values presented in the February 2015 NOPR are 
only reflective of performance and infiltration air at the 
95[emsp14][deg]F test condition. DOE subsequently conducted additional 
analysis to determine the overall impact of case heat transfer on the 
SACC as determined based on the two test conditions proposed in the 
November 2015 SNOPR and adopted in this final rule (see section III.C.2 
of this final rule). DOE found that the overall impact of case heat 
transfer on the

[[Page 35255]]

SACC, which includes adjustments for infiltration air and duct heat 
transfer at the two test conditions, ranged from 0 percent to 9.1 
percent with an average impact of 2.12 percent. DOE maintains, 
therefore, that the case heat transfer typically would have a minimal 
impact on SACC, and that any slight improvement in the accuracy of the 
SACC metric by including it would not warrant the added burden 
associated with the case heat transfer measurements. DOE also observed 
that the range of case heat transfer impacts varied despite products in 
the test sample including similar amounts of case insulation and 
similar case designs. DOE expects that thermocouple placement in 
relation to internal components (e.g., compressor and condenser 
placement) may introduce variability in the case heat transfer results. 
For these reasons, DOE is not including a measurement of case heat 
transfer in the portable AC test procedure established in this final 
rule.
    The California IOUs opposed elimination of the case heat transfer 
measurement because they believe manufacturers may produce leakier, 
less-insulated cases in order to reduce the duct heat transfer, which 
is measured in the test procedure and impacts performance. They urged 
DOE to require measurement of the case surface temperature in the 
portable AC test procedure to incentivize manufacturers to design units 
with better-insulated cases. The California IOUS further noted that the 
heating effects of the case and duct are inter-dependent. (California 
IOUs, No. 24 at p. 4) DOE recognizes that case and duct heat transfer 
are related and that manufacturers are able to make design tradeoffs 
between duct heat transfer and localized heat transfer through the 
case. However, DOE notes that the units in DOE's test sample had 
similar case insulation, and does not expect manufacturers to 
significantly adjust construction of their products because greater 
leakage and reduced insulation would also increase noise and case 
surface temperatures, potentially reducing customer satisfaction.
7. Test Setup and Unit Placement
    In the February 2015 NOPR, DOE proposed that for all portable AC 
configurations, there must be no less than 6 feet between the 
evaporator inlet and any chamber wall surface, and for single-duct 
units, there must be no less than 6 feet between the condenser inlet 
surface and any other wall surface. Additionally, DOE proposed that 
there be no less than 3 feet between the other surfaces of the portable 
AC with no air inlet or exhaust (other than the bottom of the unit) and 
any wall surfaces. 80 FR 10211, 10229-10230 (Feb. 25, 2015). In the 
November 2015 SNOPR, DOE modified that proposal, and further clarified 
that there shall be no less than 3 feet between any test chamber wall 
and any surface on the portable AC (other than the bottom surface), 
except the surface or surfaces that have a duct attachment, as 
prescribed by the ANSI/AHAM PAC-1-2015 test setup requirements. 80 FR 
74020, 74030 (Nov. 27, 2015).
    AHAM agreed with DOE's proposal that the test unit and all ducting 
components, as supplied by the manufacturer, be set up and installed in 
accordance with manufacturer instructions. AHAM stated, however, that 
certain sections of ANSI/AHAM PAC-1-2015 include appropriate 
requirements for unit placement in the test chamber and suggested that 
DOE change the unit placement requirements to reference the setup 
requirements in ANSI/AHAM PAC-1-2015. (AHAM, No. 23 at p. 6; AHAM, No. 
18 at pp. 5-6) As discussed in the February 2015 NOPR and the November 
2015 SNOPR, although Section 7.3.7, ``Condenser (heat rejection) 
arrangement,'' of ANSI/AHAM PAC-1-2015 includes test unit placement 
instructions in reference to the surface of the portable AC that 
includes the duct attachments, by means of specifying the distance from 
the test unit to the test chamber partition wall, it does not provide 
placement instructions in relation to the other surfaces of the test 
unit. Therefore, in this final rule, DOE maintains the proposals from 
the November 2015 SNOPR that the test unit placement be such that there 
is no less than 3 feet between any test chamber wall and any surface on 
the portable AC (other than the bottom surface), except that placement 
of the surface or surfaces that have a duct attachment shall be as 
prescribed by Section 7.3.7 of ANSI/AHAM PAC-1-2015. DOE notes that 
this specification is consistent with the requirements of ANSI/AHAM 
PAC-1-2015 and serves only to add specificity to the placement of the 
unit with respect to the other surfaces that do not have a duct 
attachment, which is not specified by ANSI/AHAM PAC-1-2015.
    AHAM commented that DOE's duct setup and duct temperature 
measurement instructions do not account for any sealing or insulation 
materials that may be provided by the manufacturer. Therefore, AHAM 
suggested language to add in the installation instructions proposed in 
the November 2015 SNOPR that would address sealing and insulation 
materials in the duct setup and duct temperature measurement 
instructions. DOE's proposed duct setup and temperature measurement 
requirements presented in the November 2015 SNOPR with AHAM's suggested 
additions to the proposed text, denoted in bold text, are:
    3.1.1.1 Duct Setup. Use ducting components provided by the 
manufacturer, including, where provided by the manufacturer, sealing, 
insulation, ducts, connectors for attaching the duct(s) to the test 
unit, and window mounting fixtures. Do not apply additional sealing or 
insulation.
    3.1.1.6 Duct temperature measurements. Measure the surface 
temperatures of each duct using four equally spaced thermocouples per 
duct, adhered to the outer surface of the entire length of the duct. 
Temperature measurements must have an error no greater than 0.5 [deg]F over the range being measured. Insulation and sealing 
provided by the manufacturer must be installed prior to measurement. 
(AHAM, No. 23 at p. 6)
    De' Longhi suggested similar modifications to the installation 
instructions proposed in the November 2015 SNOPR to address 
manufacturer-provided sealing and insulation materials in the duct 
setup and duct temperature measurement instructions. (De' Longhi, No. 
25 at p. 2)
    DOE agrees that any duct insulation or mounting sealant provided by 
the manufacturer should be installed according to manufacturer 
instructions, and that duct temperature measurements should be made 
with any such insulation or sealant in place. However, DOE believes it 
is necessary to clarify in the specification of duct temperature 
measurements that the measurements should occur on the outer surface of 
the entire duct, which would be the outer surface of the insulation, if 
provided by the manufacturer. DOE therefore establishes the following 
modified duct setup and duct temperature measurement instructions in 
this final rule, clarifying AHAM's and De' Longhi's suggested language 
for the duct temperature measurements.
    3.1.1.1 Duct Setup. Use ducting components provided by the 
manufacturer, including, where provided by the manufacturer, ducts, 
connectors for attaching the duct(s) to the test unit, sealing, 
insulation, and window mounting fixtures. Do not apply additional 
sealing or insulation.
    3.1.1.6 Duct temperature measurements. Install any insulation and 
sealing provided by the manufacturer. Then adhere four equally spaced 
thermocouples per duct to the

[[Page 35256]]

outer surface of the entire length of the duct. Measure the surface 
temperatures of each duct. Temperature measurements must have an error 
no greater than 0.5 [deg]F over the range being measured.
8. Condensate Collection
    In the February 2015 NOPR, DOE proposed that portable ACs 
undergoing cooling mode testing would be configured in accordance with 
manufacturer installation and setup instructions unless otherwise 
specified in the DOE test procedure. In addition, DOE proposed that, 
where available and as instructed by the manufacturer, the auto-
evaporation feature would be utilized for condensate removal during 
cooling mode testing. DOE proposed that, if no auto-evaporative feature 
is available, the gravity drain would be used. DOE further proposed 
that, if no auto-evaporative feature or gravity drain is available, and 
a condensate pump is included, or if the manufacturer specifies the use 
of an included condensate pump during cooling mode operation, then the 
portable AC would be tested with the condensate pump enabled. For these 
units, DOE also proposed to require the use of Section 7.1.2 of AHAM 
PAC-1-2014 if the pump cycles on and off. 80 FR 10211, 10229 (Feb. 25, 
2015).
    AHAM agreed that, for portable ACs both with and without means for 
auto-evaporation to remove the collected condensate, an internal pump 
to collect condensate should be used only if it is specified by the 
manufacturer for use during typical cooling operation. (AHAM, No. 18 at 
p. 6) DENSO agreed that the test procedure should specify the form of 
condensate disposal recommended by the manufacturer. (DENSO, No. 14 at 
p. 2) Therefore, DOE adopts in this final rule the test setup 
instructions relating directly to condensate collection proposed in the 
February 2015 NOPR.
9. Control Settings
    In the February 2015 NOPR, DOE proposed that when conducting the 
cooling mode and heating mode tests (the latter of which was removed 
from consideration in the November 2015 SNOPR), the fan be set at the 
maximum speed if the fan speed is user adjustable and the temperature 
controls be set to the lowest or highest available values, 
respectively. These control settings represent the settings a consumer 
would select to achieve the primary function of the portable AC, which 
is to cool or heat the desired space as quickly as possible and then to 
maintain these conditions. 80 FR 10211, 10229 (Feb. 25, 2015).
    AHAM and DENSO agreed with DOE's proposed control settings for fan 
speed and cooling and heating mode temperature controls. (AHAM, No. 18 
at p. 6; DENSO, No. 14 at pp. 2-3) DOE maintains the February 2015 NOPR 
proposal in this final rule to set the fan speed to the maximum speed 
and the thermostat to the lowest setting during cooling mode testing. 
As noted earlier in this section and discussed in more detail in 
section III.D of this final rule, in the November 2015 SNOPR, DOE 
removed heating mode testing from its proposal; and, therefore, the 
February 2015 NOPR proposal regarding configuration of controls during 
heating mode is no longer relevant.
    In the February 2015 NOPR, DOE proposed that all portable AC 
testing be conducted with any louver oscillation feature disabled and 
the louvers fully open and positioned parallel to the air flow to 
provide maximum air flow and capacity. If the louvers oscillate by 
default with no option to disable the feature, testing would proceed 
with the louver oscillation enabled, without altering the unit 
construction or programming. 80 FR 10211, 10229 (Feb. 25, 2015).
    AHAM and DENSO agreed with DOE's proposed clarification that all 
portable AC performance testing be conducted with the maximum louver 
opening and, where applicable, with the louver oscillation feature 
disabled throughout testing. (AHAM, No. 18 at p. 6; DENSO, No. 14 at 
pp. 2-3) DOE adopts in this final rule the proposals in the February 
2015 NOPR regarding the louver positioning and oscillating feature 
settings.
10. Electrical Supply
    In the February 2015 NOPR, DOE proposed that for active mode 
testing, the input standard voltage be maintained at 115 V 1 percent and that the electrical supply be set to the nameplate 
listed rated frequency, maintained within 1 percent. 80 FR 
10211, 10230 (Feb. 25, 2015).
    AHAM supported DOE's proposed input voltage and frequency standard. 
(AHAM, No. 18 at p. 7) DOE adopts in this final rule the February 2015 
NOPR proposals regarding the input standard voltage and frequency 
settings.
11. Power Factor
    The California IOUs recommended that DOE require testing and 
reporting of portable AC power factor \14\ under the proposed test 
procedure, as this would allow DOE to better assess minimum power 
factor requirements and related consumer benefits in a future 
rulemaking. The California IOUs believe that improving power factor may 
yield significant societal benefits through cost savings for electric 
utility customers, improved grid efficiency, and reduced greenhouse 
gases. The California IOUs noted that the CEC currently requires 
reporting of power factor for a variety of appliances including 
fluorescent lamp ballasts, residential portable light-emitting diode 
(LED) luminaires, televisions, and large battery charger systems, and 
specifies minimum power factor requirements for portable LED luminaires 
and large battery charger systems. (California IOUs, Standards 
Preliminary Analysis, No. 15 at p. 4; California IOUs, No. 20 at pt. 2)
---------------------------------------------------------------------------

    \14\ The power factor of an alternating current electrical power 
system is defined as the ratio of the real power flowing to the load 
to the apparent power in the circuit. A load with a low power factor 
draws more electrical current than a load with a high power factor 
for the same amount of useful power transferred. The higher currents 
associated with low power factor increase the amount of energy lost 
in the electricity distribution system.
---------------------------------------------------------------------------

    Based on limited power factor data on four test units, DOE observed 
average power factors of 0.978, 0.971, 0.987, and 0.95 with all cooling 
mode components operating. Because the power factors are consistently 
near 1, DOE's information suggests there is no significant difference 
between the power drawn by a portable AC and the apparent power 
supplied to the unit. DOE expects that the metrics established in this 
final rule accurately reflect the energy consumption of portable ACs, 
and that the burdens of measuring and reporting power factor would 
outweigh any potential benefits of this information. Therefore, DOE is 
not establishing requirements for measuring and reporting power factor 
in this final rule.
12. Test Condition Tolerances
    In the February 2015 NOPR, DOE proposed a more stringent tolerance 
for the evaporator inlet dry-bulb temperature when testing single-duct 
portable ACs compared to the tolerance specified for dry-bulb 
temperature in Table 2b of ANSI/ASHRAE Standard 37-2009. The proposed 
tolerance is consistent with the evaporator inlet wet-bulb temperature 
tolerance; i.e., individual values must remain within a range of 
1.0[emsp14][deg]F, with the average of all measured values within 
0.3[emsp14][deg]F of the nominal value. Specifically, DOE proposed that 
the condenser inlet dry-bulb temperature would be maintained within the 
test tolerance as specified in Table 2b of ANSI/ASHRAE Standard 37-
2009. This tolerance modification ensured that all test laboratories 
first maintain the evaporator inlet test

[[Page 35257]]

conditions and then ensure that condenser inlet conditions satisfy the 
tolerance requirements. 80 FR 10211, 10226 (Feb. 25, 2015).
    AHAM agreed with DOE's proposed tolerance for the evaporator inlet 
dry-bulb within a range of 1.0[emsp14][deg]F with an average difference 
of 0.3[emsp14][deg]F. (AHAM, No. 18 at p. 5) Therefore, in this final 
rule, DOE adopts this tolerance specification in appendix CC.

D. Heating Mode

    In the February 2015 NOPR, DOE proposed a definition for heating 
mode and proposed a heating mode test procedure that was based on AHAM 
PAC-1-2014 with comparable adjustments as were considered for cooling 
mode, except at lower temperature ambient conditions. 80 FR 10211, 
10230-10231 (Feb. 25, 2015). DOE received comments in response to the 
February 2015 NOPR proposals, and, based on those comments, in the 
November 2015 SNOPR, DOE removed the heating mode test provisions from 
the proposed DOE portable AC test procedure, including the definition 
of heating mode and calculations for heating mode-specific and total 
combined energy efficiency ratio. DOE concluded that the combined 
energy efficiency ratio, CEER, which represents energy efficiency in 
cooling mode, off-cycle mode, standby mode, and off mode, would capture 
representative performance of portable ACs because they are primarily 
used as cooling products. 80 FR 74020, 74031 (Nov. 27, 2015).
    AHAM supported DOE's proposal to remove the heating mode metric 
from the test procedure, as it is consistent with AHAM's position that 
heating is not the main consumer utility and that there is no adequate 
data on consumer usage to demonstrate a benefit that would justify the 
burden of testing in this mode. (AHAM, No. 23 at pp. 5-6)
    The California IOUs commented that heating mode is a significant 
operating mode for portable ACs and should be included in the test 
procedure in order to accurately reflect the actual usage of the 
equipment. The California IOUs noted that heating mode may work in 
conjunction with cooling mode, as seen in products with an ``auto 
mode'' that automatically selects heating or cooling mode using a 
thermostat to maintain the set temperature. They further noted that 
DOE's annual operating hour estimates for heating mode suggested that 
the heating season is longer than the cooling season and would 
therefore provide more opportunity for heating mode operation. The 
California IOUs concluded that cooling and heating functions are both 
primary modes, unlike dehumidification mode and others omitted from the 
test procedure. The California IOUs believe that including heating mode 
testing would not disproportionately increase test burden. The 
California IOUs proposed that DOE define a separate efficiency ratio, 
CEERHM, similar to the cooling mode metric proposed in the 
February 2015 NOPR, CEERCM, and that units with a heating 
mode would then be rated with a separate metric for heating capacity. 
The California IOUs believe that this would mitigate potential 
confusion with a blended metric and consumers would be effectively 
informed of independent performance in cooling and heating modes. 
(California IOUs, No. 24 at p. 3)
    DOE notes that although some portable ACs offer an ``auto mode'' 
that allows for both cooling and heating mode operation depending upon 
the ambient temperature, available data suggest that portable ACs are 
not used for heating purposes for a substantial amount of time. In the 
Burke Portable AC Study, the 19 metered test units were determined to 
operate solely in cooling mode, fan mode, or off/standby mode, even for 
an example test site where monthly average outdoor temperatures ranged 
from 59.8[emsp14][deg]F to 71.5[emsp14][deg]F. Input from manufacturers 
during confidential interviews confirmed the conclusion that any 
heating function for portable ACs is infrequently used, and no further 
substantiation was provided by the California IOUs to support their 
assertion that heating mode is a significant operating mode. DOE 
concludes that doubling the active mode testing time and 
correspondingly increasing test burden is not justified. Therefore, DOE 
maintains the November 2015 SNOPR proposal and does not establish a 
heating mode test or efficiency metric in this final rule. As stated in 
the November 2015 SNOPR, DOE will continue to evaluate the need for a 
representative heating mode test procedure for portable ACs and may 
consider including a test for heating mode in a future test procedure 
rulemaking.

E. Air Circulation Mode

    In the February 2015 NOPR, DOE proposed to not measure energy 
consumption in, or allocate annual operating hours to, air circulation 
mode due to lack of usage information for this consumer-initiated air 
circulation feature. 80 FR 10211, 10216, 10236 (Feb. 25, 2015).
    AHAM and DENSO agreed with DOE's proposal to not include a 
measurement for air circulation mode. (AHAM, Public Meeting Transcript, 
No. 13 at p. 64; DENSO, No. 14 at p. 3)
    DOE adopts in this final rule the February 2015 NOPR proposals to 
not measure or allocate annual operating hours to air circulation mode.

F. Off-Cycle Mode

    In the February 2015 NOPR, DOE proposed a definition for off-cycle 
mode and further proposed that off-cycle mode energy use be measured 
according to a test beginning 5 minutes after the completion of the 
cooling mode test and ending after a period of 2 hours. DOE also 
proposed that the electrical supply be the same as specified for 
cooling mode (see section III.C.10 of this final rule) and that this 
measurement be made using the same power meter specified for standby 
mode and off mode. DOE further proposed that for units with adjustable 
fan speed settings, the fan remain set at the maximum speed during off-
cycle mode testing. 80 FR 10211, 10232 (Feb. 25, 2015).
    AHAM opposed the proposed measurement of off-cycle mode energy use, 
suggesting that DOE did not provide sufficient portable AC-specific 
usage data to support the inclusion of off-cycle mode and estimate the 
burden associated with testing. Specifically, AHAM expressed concern 
that DOE based the proposed definition and testing provisions for 
portable ACs on a recent dehumidifier test procedure rulemaking because 
the two products do not have the same consumer usage. AHAM suggested 
that portable ACs have fewer standby operating hours than dehumidifiers 
and that off-cycle mode will contribute a negligible amount of energy 
use. (AHAM, No. 18 at p. 8)
    Because portable ACs have a similar off-cycle mode to 
dehumidifiers, DOE used the dehumidifier test procedure as a starting 
point for the development of the portable AC definitions and test 
procedure. DOE notes that for dehumidifiers and portable ACs, off-cycle 
mode is a mode automatically entered when the dehumidifier humidity 
setpoint or portable AC temperature setpoint is reached. Therefore, 
although the consumer usage of these products affects the time spent in 
off-cycle mode by means of the humidity or temperature setpoint 
selection, off-cycle mode hours are also a function of the unit 
capacity, room size, and ambient heat or humidity load. Therefore, 
there is no basis for concluding that the dehumidifier provisions for 
testing off-cycle mode are any less applicable to portable ACs than 
they are for dehumidifiers. Further,

[[Page 35258]]

because off-cycle mode is performed immediately following active mode, 
there are no necessary test setup adjustments and the only burden 
associated with off-cycle mode is test time, during which no technician 
input is necessary. Therefore, DOE believes the incremental test burden 
associated with testing off-cycle mode energy consumption is low. DOE 
discusses the burden associated with the adopted portable AC test 
procedure in detail in section IV.B of this final rule.
    DENSO noted that other similar products, such as room ACs, 
generally operate the fans only when the compressor operates, possibly 
with a short delay-off at the end of the compressor cycle. In addition, 
DENSO commented that it does not believe that the fan would be 
operating at the maximum speed unless the compressor is running. DENSO 
commented, therefore, that off-cycle mode testing should be conducted 
under representative operating conditions, and that the fan control 
setting should be in accordance with manufacturer's instructions. 
(DENSO, No. 14 at p. 3)
    In development of the portable AC test procedure, DOE reviewed 
other test procedures for similar products. With respect to DENSO's 
comment, DOE recognizes that there may be benefits associated with 
running the fan for a short period of time following a compressor 
cycle, such as for defrosting and drying coils and providing additional 
cooling to the room, and therefore maintains the provisions in this 
final rule which specify that the off-cycle mode test procedure begin 5 
minutes following the end of a compressor on cycle. Because consumers 
are unlikely to readjust control settings, including fan speed, between 
cooling mode and off-cycle mode and manufacturers may automatically 
adjust fan speed during off-cycle mode regardless of the user control 
settings, DOE is specifying that no control settings other than 
temperature setpoint are to be manually changed between cooling mode 
testing and the subsequent off-cycle mode testing in the appendix CC 
established in this final rule.

G. Standby Mode and Off Mode

1. Mode Definitions
    In the February 2015 NOPR, DOE proposed definitions for standby 
mode and off mode, as well as methods to measure standby mode and off 
mode energy consumption for portable ACs. DOE also proposed to consider 
the power consumption in inactive mode, defined as a standby mode, as 
representative of delay-start mode and to include the operating hours 
for delay-start mode in the estimate for inactive mode operating hours 
for the purposes of calculating a combined metric. Further detail on 
each of these modes and the proposal to include the delay-start mode 
hours in the estimate for inactive mode operating hours can be found in 
the February 2015 NOPR. 80 FR 10211, 10233 (Feb. 25, 2015).
    AHAM agreed with DOE's proposed definitions of standby mode and 
also agreed with DOE's proposal to incorporate delay start into 
inactive mode. (AHAM, No. 18 at p. 9)
    In this final rule, DOE establishes in appendix CC the standby 
mode, inactive mode, and off mode definitions proposed in the February 
2015 NOPR, and also maintains the determination that the power 
consumption in inactive mode is representative of delay-start mode and 
thus does not require measurement of delay-start mode power 
consumption.
2. Determination of Standby Mode and Off Mode Power Consumption
    In the February 2015 NOPR, DOE proposed to specify testing and 
conditions for measuring standby mode and off power consumption 
according to International Electrotechnical Commission (IEC) Standard 
62301, ``Household electrical appliances--Measurement of standby 
power,'' Publication 62301, Edition 2.0 (2011-01) (hereinafter referred 
to as ``IEC Standard 62301'') in accordance with EPCA. DOE proposed 
that the power consumption in inactive mode be measured, and that the 
annual hours assigned to that power measurement would be the sum of 
annual hours for inactive mode and bucket-full mode,\15\ based on a 
determination of commonality in power consumption in inactive and 
bucket-full modes. DOE additionally proposed that the test room ambient 
air temperatures for standby mode and off mode testing would be 
specified in accordance with IEC Standard 62301. 80 FR 10211, 10233-
10234 (Feb. 25, 2015).
---------------------------------------------------------------------------

    \15\ In the February 2015 NOPR, DOE described bucket-full mode 
as a standby mode in which the condensate level in the internal 
collection container reaches a manufacturer-specified threshold or 
the collection container is removed; any cooling, heating, or air-
circulation functions are disabled; and an indication is provided to 
the consumer that the container is full.
---------------------------------------------------------------------------

    AHAM agreed with each of these proposals. (AHAM, No. 18 at p. 9) In 
this final rule, DOE establishes the February 2015 NOPR proposals 
regarding the determination of standby mode and off mode power 
consumption, the test room ambient temperature during testing, and the 
assignment of power consumption and operating hours for inactive mode 
and bucket-full mode.

H. Energy Efficiency Metrics

1. Annual Operating Mode Hours
    As initially presented in the February 2015 NOPR, DOE developed 
estimates of portable AC annual operating mode hours for cooling mode, 
heating mode, off-cycle mode, and inactive or off mode. In the November 
2015 SNOPR, DOE removed consideration of heating mode and updated the 
proposed annual operating hours for the remaining modes based on the 
``Cooling Only'' scenario presented in the February 2015 NOPR as 
follows in Table III.4:

       Table III.4--SNOPR Proposed Annual Operating Hours by Mode
------------------------------------------------------------------------
                                                             Operating
                          Modes                                hours
------------------------------------------------------------------------
Cooling Mode............................................             750
Off-Cycle Mode..........................................             880
Inactive or Off Mode....................................           1,355
------------------------------------------------------------------------

    More information on the development of these annual hours for each 
operating mode can be found in the February 2015 NOPR. 80 FR 10211, 
10235-10237 (Feb. 25, 2015).
    AHAM opposed DOE's reliance on room AC data to determine annual 
operating hours for portable ACs. According to AHAM, although portable 
ACs and room ACs are similar, they have inherent differences in 
installation and use patterns. AHAM urged DOE to obtain portable AC-
specific consumer usage data to demonstrate that portable AC and room 
AC use are comparable to validate the annual operating hour proposals. 
(AHAM, No. 23 at pp. 6-7)
    In response to AHAM's concern regarding the lack of portable AC-
specific data, DOE notes that the utility of portable ACs and room ACs 
are similar, in that they serve similar applications and are similar in 
technologies, cost, and functionality. Therefore, DOE believes that it 
is reasonable to assume that usage patterns of portable ACs and room 
ACs will also be similar. DOE requested data and information regarding 
consumer usage of portable ACs in both the February 2015 NOPR and the 
November 2015 SNOPR. DOE notes that no additional information or data 
were provided by AHAM or any other party regarding portable AC usage 
patterns. Therefore, in the absence of additional consumer usage data 
from any available sources, DOE continues to utilize the most

[[Page 35259]]

relevant consumer use data available for portable ACs and establishes 
in appendix CC the annual operating mode hours in Table III.4.
2. CEER Calculation
    In the November 2015 SNOPR, DOE proposed to revise the CEER metric 
calculation that was proposed in the February 2015 NOPR to reflect the 
elimination of heating mode and the addition of a second set of testing 
conditions for dual-duct units. DOE proposed that the updated CEER 
calculation, which would use the same weighting factors as were 
developed for SACC, would be determined as:
[GRAPHIC] [TIFF OMITTED] TR01JN16.000


Where:

    CEERSD and CEERDD are the combined energy 
efficiency ratios for single-duct and dual duct units, respectively, 
in British thermal units per watt-hour (Btu/Wh).
    ACC95 and ACC83 are the adjusted cooling 
capacities at the 95[emsp14][deg]F and 83[emsp14][deg]F dry-bulb 
outdoor conditions, respectively, in Btu/h.
    AECSD is the annual energy consumption in cooling 
mode for single-duct units, in kWh/year.
    AEC95 is the annual energy consumption in cooling 
mode for dual-duct units, assuming all cooling mode hours would be 
at the 95[emsp14][deg]F dry-bulb outdoor conditions, in kWh/year.
    AEC83 is the annual energy consumption in cooling 
mode for dual-duct units, assuming all cooling mode hours would be 
at the 83[emsp14][deg]F dry-bulb outdoor conditions, in kWh/year.
    AECT is the total annual energy consumption 
attributed to all modes except cooling, in kWh/year.
    t is the number of cooling mode hours per year, 750.
    k is 0.001 kWh/Wh conversion factor for watt-hours to kilowatt-
hours.
    0.2 is the weighting factor for the 95[emsp14][deg]F dry-bulb 
outdoor condition test.
    0.8 is the weighting factor for the 83[emsp14][deg]F dry-bulb 
outdoor condition test.

80 FR 74020, 74032 (Nov. 27, 2015).

    The California IOUs supported the proposed test procedure and CEER 
calculations with the ACC metric, which accounts for the impact of 
infiltration air due to the draw of condenser air flow from the 
conditioned space as well as duct and case heat transfer effects. 
(California IOUs, No. 20 at p. 1)
    AHAM opposed the proposed CEER equations as proposed in the 
February 2015 NOPR, commenting that the equations should be modified to 
remove the considerations for air infiltration and duct and case heat 
transfer effects. (AHAM, No. 18 at p. 10)
    For the reasons discussed previously in this preamble, DOE is 
including air infiltration and duct heat transfer effects in its 
measurement of portable AC performance, but is not including case heat 
transfer effects (see section III.C.2.c, section III.C.5, and section 
III.C.6 of this final rule, respectively). DOE maintains the proposals 
from the November 2015 SNOPR, and establishes the above CEER 
calculations in this final rule.
3. Annual Operating Costs
    In the February 2015 NOPR, DOE proposed that the annual energy 
consumption in cooling mode, AECcm, and the total annual 
energy consumption in all modes except cooling and heating, 
AECT, would be utilized in calculating the estimated annual 
operating cost. The sum of the two annual energy consumption metrics 
would then be multiplied by a representative average unit cost of 
electrical energy in dollars per kilowatt-hour as provided by the 
Secretary to obtain the estimated annual operating cost. 80 FR 10211, 
10234 (Feb. 25, 2015). DOE maintained this proposal in the November 
2015 SNOPR with slight modifications to address multiple cooling mode 
test conditions and to remove reference to heating mode. DOE received 
no comments from interested parties in response to either proposal. 
Therefore, in the absence of any comments and to support a potential 
portable AC labeling program should the Federal Trade Commission (FTC) 
establish such a program similar to that for room ACs, DOE adopts in 
this final rule the annual operating cost calculations that were 
proposed in the November 2015 SNOPR.

I. Compliance With Other Energy Policy and Conservation Act 
Requirements

1. Test Burden
    EPCA requires that any test procedures prescribed or amended be 
reasonably designed to produce test results which measure energy 
efficiency, energy use, or estimated annual operating cost of a covered 
product during a representative average use cycle or period of use and 
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) In the 
February 2015 NOPR, DOE concluded that establishing a test procedure to 
measure the energy consumption of single-duct and dual-duct portable 
ACs in active mode, standby mode, and off mode would produce the 
required test results and would not be unduly burdensome to conduct. 
This determination was driven by the many similarities between the 
necessary testing equipment and facilities for portable ACs and other 
products, the performance of which is currently certified through a DOE 
test procedure. Therefore, DOE tentatively concluded that manufacturers 
would not be required to make significant investment in test facilities 
and new equipment. 80 FR 10211, 10238 (Feb. 25, 2015)
    In the November 2015 SNOPR, DOE proposed modifications to the test 
procedure proposed in the February 2015 NOPR, and noted that those 
modifications to the portable AC test procedures would not 
significantly increase the overall test burden compared to the test 
procedure proposed in the February 2015 NOPR and may instead reduce the 
overall test burden. 80 FR 74020, 74032-74033 (Nov. 27, 2015).
    Because no substantive changes were made between the November 2015 
SNOPR and this final rule, DOE maintains its determination from the 
November 2015 SNOPR that the portable AC test procedure established in 
this final rule would produce test results that measure energy 
consumption during representative use and would not be unduly 
burdensome to conduct.

[[Page 35260]]

2. Potential Incorporation of International Electrotechnical Commission 
Standard 62087
    Under 42 U.S.C. 6295(gg)(2)(A), EPCA directs DOE to consider IEC 
Standard 62087 when amending test procedures for covered products to 
include standby mode and off mode power measurements. DOE reviewed IEC 
Standard 62087, ``Methods of measurement for the power consumption of 
audio, video, and related equipment'' (Edition 3.0 2011-04), and has 
determined that it would not be applicable to measuring power 
consumption of electrical appliances such as portable ACs. Therefore, 
DOE determined that referencing IEC Standards 62087 is not appropriate 
for the test procedure established in this final rule.

J. Sampling Plan and Rounding Requirements

    In the February 2015 NOPR, DOE proposed sampling plan and rounding 
requirements for portable ACs to enable manufacturers to make 
representations of energy consumption or efficiency metrics, which 
would be included in the proposed 10 CFR 429.62. For the sampling plan, 
DOE proposed general sampling requirements for selecting units to be 
tested and provided direction regarding a sufficient sample size. DOE 
also proposed a method to determine a representative value for measures 
of energy consumption, that all calculations be performed with the 
unrounded measured values, and that the reported cooling or heating 
capacity be rounded in accordance with Table 1 of AHAM PAC-1-2014, now 
referenced as ANSI/AHAM PAC-1-2015 as discussed in section III.C.1 of 
this final rule. DOE further proposed that all energy efficiency 
metrics be rounded to the nearest 0.1 Btu/Wh. 80 FR 10211, 10237-10238 
(Feb. 25, 2015).
    In the November 2015 SNOPR, DOE removed reference to the eliminated 
cooling energy efficiency ratio and heating energy efficiency ratio and 
replaced cooling mode capacity and heating mode capacity with SACC in 
the proposed sampling plan and rounding requirements in 10 CFR part 
429. The rated SACC would be based on the test sample mean, rounded as 
appropriate. DOE also clarified that the representative CEER for a 
basic model would be calculated based on statistical sampling 
provisions, which account for manufacturing and testing variability in 
product certification and compliance, rather than be determined as the 
mean value among tested units. Under these requirements, manufacturers 
would rate CEER based on the lower of the sample mean or the lower 95-
percent confidence limit of the true mean divided by 0.90. 80 FR 74020, 
74032 (Nov. 27, 2015). The confidence limit and derating factor 
proposed are consistent with those applied to other refrigeration-based 
consumer products, such as dehumidifiers and refrigerators, as DOE 
believes product variability and measurement repeatability associated 
with the measurements proposed for rating portable ACs are similar to 
those for the other consumer products.
    DOE received no comments in response to the sampling plan and 
rounding requirements proposed in either the February 2015 NOPR or the 
November 2015 SNOPR, and therefore maintains the proposals from the 
November 2015 SNOPR to establish a new section 10 CFR 429.62 in this 
final rule that specifies the sampling and rounding requirements for 
CEER and SACC for portable ACs.
    DOE also notes that certification requirements for portable ACs, 
which would also be located at 10 CFR 429.62(b), would be considered in 
the concurrent energy conservation standards rulemaking, as 
certification is not required for any equipment until and unless energy 
conservation standards are established.

K. General Comments

    De' Longhi stated that a round robin test would be necessary to 
compare the results of different laboratories on the same units and 
ensure the validity of the test procedure. (De' Longhi, No. 16 at p. 4) 
DOE invited manufacturers and other interested parties to submit 
testing data on its various proposals, and did not receive any results 
pertaining to its proposals.
    AHAM stated that it supports energy conservation standards and test 
procedures for portable ACs, and requested that DOE finalize the test 
procedure prior to publishing a proposed rule for portable AC 
standards. (AHAM, No. 18 at p. 2) In issuing this final rule, DOE is 
completing its rulemaking to establish a new test procedure for 
portable ACs. DOE is continuing to consider portable AC energy 
conservation standards in a concurrent rulemaking.

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 OMB.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (IRFA) for 
any rule that by law must be proposed for public comment and a final 
regulatory flexibility analysis (FRFA) for any such rule that an agency 
adopts as a final rule, unless the agency certifies that the rule, if 
promulgated, will not have a significant economic impact on a 
substantial number of small entities. A regulatory flexibility analysis 
examines the impact of the rule on small entities and considers 
alternative ways of reducing negative effects. As required by Executive 
Order 13272, ``Proper Consideration of Small Entities in Agency 
Rulemaking,'' 67 FR 53461 (Aug. 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 this final rule under the provisions of the Regulatory 
Flexibility Act and the procedures and policies published on February 
19, 2003. This final rule establishes test procedures to measure the 
energy consumption of single-duct and dual-duct portable ACs in active 
modes, standby modes, and off mode. DOE has concluded that the rule 
would not have a significant impact on a substantial number of small 
entities. The factual basis for this certification is as follows:
    The Small Business Administration (SBA) considers a business entity 
to be small business, if, together with its affiliates, it employs less 
than a threshold number of workers specified in 13 CFR part 121. These 
size standards and codes are established by the North American Industry 
Classification System (NAICS). The threshold number for NAICS 
classification code 333415, ``Air-Conditioning and Warm Air Heating 
Equipment and Commercial and Industrial Refrigeration Equipment 
Manufacturing,'' which includes manufacturers of portable ACs, is 1,250 
employees.
    As discussed in the February 2015 NOPR, DOE surveyed the AHAM 
member directory to identify

[[Page 35261]]

manufacturers of portable ACs. DOE also consulted publicly available 
data, purchased company reports from vendors such as Dun and 
Bradstreet, and contacted manufacturers, where needed, to determine if 
the number of manufacturers with manufacturing facilities located 
within the United States that meet the SBA's definition of a ``small 
business manufacturing facility.''
    In the February 2015 NOPR, DOE estimated that there was one small 
business that may manufacture single-duct or dual-duct portable ACs and 
would be subject to the test procedure proposed in the February 2015 
NOPR. After the February 2015 NOPR was published, DOE determined that 
the small business does not currently produce single-duct or dual-duct 
portable ACs. DOE, therefore, tentatively concluded and certified in 
the November 2015 SNOPR that the proposed rule would not have a 
significant economic impact on a substantial number of small entities, 
since none could be identified that manufactured products subject to 
the test procedure proposed in the November 2015 SNOPR. Since the 
publication of the November 2015 SNOPR, DOE did not discover any small 
businesses that currently manufacturer single-duct or dual-duct 
portable ACs, and therefore, concludes that the test procedure 
established in this final rule would not have a significant impact on a 
substantial number of small entities. On this basis, DOE has determined 
that the preparation of an FRFA is not warranted and has submitted a 
certification and supporting statement of factual basis to the Chief 
Counsel for Advocacy of the Small Business Administration for review 
under 5 U.S.C. 605(b).
    DOE notes that, in response to the February 2015 NOPR, Oceanaire 
and NAM commented that the cost of testing and certification for 
commercial portable ACs would significantly impact their businesses (or 
manufacturers that they represent). These commenters estimated that 
approximately 15,000 large capacity commercial portable ACs (rated 
capacities up to 65,000 Btu/h) are manufactured annually. Oceanaire and 
NAM suggested that their niche industry utilizes specialized designs, 
often carrying 45 to 50 basic models and other custom designs for 
costumers with models typically manufactured in quantities of 10 or 
less annually. Oceanaire asserted that a certification program with 
third-party verification and compliance to the DOE statistical sampling 
protocol would exceed $1 million per year per company, severely 
limiting their ability to create unique products for customers. 
Oceanaire and NAM both suggested that the financial and resource 
impacts would ultimately force commercial portable AC manufacturers out 
of business. DENSO agreed, suggesting that the testing, reporting, and 
record-keeping associated with maintaining compliance with any DOE 
energy conservation standards would be substantial and place 
disproportionate burden on commercial portable AC manufacturers. 
(Oceanaire, No. 10 at pp. 1-2; NAM, No. 17 at p. 3; DENSO, No. 14 at p. 
4)
    Over the course of this rulemaking and the concurrent standards 
rulemaking for portable ACs, DOE has sought and carefully considered 
inputs received from interested parties regarding test burdens and 
associated impacts on all portable AC manufacturers affected by the 
rulemakings, including any small entities. Furthermore, DOE established 
a definition of a ``portable air conditioner'' in the April 2106 
Coverage Determination for portable ACs (81 FR 22514, 22516, 22519-
22520 (April 18, 2016)) that clarifies the characteristics and 
operation of this consumer product. The requirement that the product 
operate on single-phase electric current would exclude from coverage 
many of the high-capacity products to which Oceanaire and NAM referred. 
Additionally, any products that meet the portable AC definition as 
established in the coverage determination and that do not meet the 
definitions for single-duct portable AC or dual-duct portable AC are 
not required to be tested under the provisions established in this 
final rule. Although Oceanaire, NAM, and DENSO may manufacture products 
that meet the portable AC definition (or represent such manufacturers), 
DOE has determined that these niche manufacturers do not produce 
products that meet the single-duct or dual-duct definitions. Therefore, 
as discussed earlier in this section, DOE has not identified any small 
businesses that manufacture the single-duct and dual-duct portable ACs 
that would be affected by this final rule.
    Furthermore, DOE evaluated the impact of the test procedure 
established in this final rule, should any small business manufacturers 
of single-duct or dual-duct portable ACs be identified in the future. 
This final rule adopts the proposals in the November 2015 SNOPR with 
minor additional modifications discussed previously in this final rule, 
though none of the modifications impact test burden. Therefore, the 
analysis regarding small business impacts conducted in the November 
2015 SNOPR applies for the test procedure established in this final 
rule. The November 2015 SNOPR proposed modifications to the February 
2015 NOPR, and DOE determined that those modifications were likely to 
reduce overall test burden with respect to the proposals in the 
February 2015 NOPR. In the February 2015 NOPR, DOE concluded that the 
costs associated with its proposals were small compared to the overall 
financial investment needed to undertake the business enterprise of 
developing and testing consumer products. DOE determined that no small 
business would require the purchase or modification of testing 
equipment in order to conduct cooling mode testing, and estimated a 
potential cost of approximately $2,000 in the event that a small 
business needed to purchase a wattmeter suitable for standby mode, off 
mode, and off-cycle mode testing. 80 FR 10211, 10239 (Feb. 25, 2015), 
80 FR 74020, 74033 (Nov. 27, 2015).
    After estimating the potential impacts of the new test procedure 
provisions and considering feedback from interested parties regarding 
test burdens, DOE concludes that the cost effects accruing from the 
final rule would not have a ``significant economic impact on a 
substantial number of small entities,'' and that the preparation of an 
FRFA on that basis also would not be warranted.

C. Review Under the Paperwork Reduction Act of 1995

    While there are currently no energy conservation standards for 
portable ACs, DOE recently published a final determination establishing 
portable ACs as a type of covered product (81 FR 22514, 22517 (April 
18, 2016)) and is considering establishing energy conservation 
standards for such products as part of a parallel rulemaking (Docket 
No. EERE-2013-BT-STD-0033). Manufacturers of portable ACs must certify 
to DOE that their products comply with any applicable energy 
conservation standards, once established. To certify compliance, 
manufacturers must first obtain test data for their products according 
to the DOE test procedures for portable ACs and maintain records of 
that testing for a period of two years, consistent with the 
requirements of 10 CFR 429.71. As part of this test procedure final 
rule, DOE is establishing regulations for recordkeeping requirements 
for portable ACs. The collection-of-information requirement for the 
certification and recordkeeping is subject to review and approval by 
OMB under the Paperwork Reduction Act (PRA). This requirement

[[Page 35262]]

has been approved by OMB under OMB control number 1910-1400. Public 
reporting burden for the certification is estimated to average 30 hours 
per response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information.
    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 final rule, DOE establishes a test procedure for portable 
ACs that will be used to support any future energy conservation 
standards for portable ACs. 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 rule considers a test procedure for portable ACs 
that is largely based upon industry test procedures and methodologies, 
subject to significant input from interested parties in response to the 
February 2015 NOPR and November 2015 SNOPR, so it would not affect the 
amount, quality or distribution of energy usage, and, therefore, will 
not result in any environmental impacts. Thus, this rulemaking is 
covered by Categorical Exclusion A5 under 10 CFR part 1021, subpart D. 
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 (Aug. 10, 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 examined this final rule and determined 
that it will not have a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. EPCA governs and prescribes Federal preemption of State 
regulations as to energy conservation for the products that are the 
subject of this final 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, 
this final 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 regulatory action resulting 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 final 
rule according to UMRA and its statement of policy and determined that 
the rule contains neither an intergovernmental mandate, nor a mandate 
that may result in the expenditure of $100 million or more in any year, 
so these requirements do not apply.

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

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This final rule will 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 will not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

[[Page 35263]]

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

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has 
reviewed this final 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 significant energy action. A 
``significant energy action'' is defined as any action by an agency 
that promulgates 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 if the regulation is implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use.
    This regulatory action 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 et seq.), DOE must comply with section 
32 of the Federal Energy Administration Act of 1974 (Pub. L. 93-275), 
as amended by the Federal Energy Administration Authorization Act of 
1977 (Pub. L. 95-70). (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.
    This final rule establishes testing methods contained in the 
following commercial standards: ANSI/AHAM PAC-1-2015, ``Portable Air 
Conditioners''; and ANSI/ASHRAE Standard 37-2009, ``Methods of Testing 
for Rating Electrically Driven Unitary Air-Conditioning and Heat Pump 
Equipment''. While the newly established test procedure at appendix CC 
is not exclusively based on these standards, the general approach and 
many components of the test procedure adopt provisions from these 
standards without amendment. DOE has evaluated these standards and is 
unable to conclude whether they fully comply with the requirements of 
section 32(b) of the FEAA, (i.e., that they were developed in a manner 
that fully provides for public participation, comment, and review). DOE 
has consulted with the Attorney General and the Chairman of the FTC 
concerning the impact on competition of requiring manufacturers to use 
the test methods contained in these standards, and neither recommended 
against incorporation of these standards.

M. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this rule before its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

N. Materials Incorporated by Reference

    In this final rule, DOE incorporates by reference the test standard 
published by AHAM, titled ``Portable Air Conditioners,'' ANSI/AHAM PAC-
1-2015 (ANSI Approved). ANSI/AHAM PAC-1-2015 is an industry-accepted 
test procedure that measures portable AC performance in cooling mode 
and is applicable to products sold in North America. ANSI/AHAM PAC-1-
2015 specifies testing conducted in accordance with other industry-
accepted test procedures (already incorporated by reference) and 
determines energy efficiency metrics for various portable AC 
configurations. The test procedure established in this final rule 
references various sections of ANSI/AHAM PAC-1-2015 that address test 
setup, instrumentation, test conduct, calculations, and rounding. ANSI/
AHAM PAC-1-2015 is readily available on AHAM's Web site at https://www.aham.org/ht/d/Store/.
    In this final rule, DOE also incorporates by reference the test 
standard ASHRAE Standard 37-2009, titled ``Methods of Testing for 
Rating Electrically Driven Unitary Air-Conditioning and Heat Pump 
Equipment,'' (ANSI Approved). ANSI/ASHRAE Standard 37-2009 is an 
industry-accepted test standard referenced by ANSI/AHAM PAC-1-2015 that 
defines various uniform methods for measuring performance of air 
conditioning and heat pump equipment. Although ANSI/AHAM PAC-1-2015 
references a number of sections in ANSI/ASHRAE Standards 37-2009, the 
test procedure established in this final rule additionally references 
one section in ANSI/ASHRAE Standard 37-2009 that addresses test 
duration. ANSI/ASHRAE Standard 37-2009 is readily available at http://www.ashrae.org.
    In this final rule, DOE also incorporates by reference the test 
standard IEC 62301, titled ``Household electrical appliances--
Measurement of standby power,'' (Edition 2.0, 2011-01). IEC 62301 is an 
industry-accepted test standard that sets a standardized method to 
measure the standby power of household and similar electrical 
appliances. IEC 62301 includes details regarding test set-up, test 
conditions, and stability requirements that are necessary to ensure 
consistent and repeatable standby and off-mode test results. IEC 62301 
is readily available at https://webstore.iec.ch/ and http://www.webstore.ansi.org.

V. Approval of the Office of the Secretary

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

List of Subjects

10 CFR Part 429

    Confidential business information, Energy conservation, Household 
appliances, Imports, Incorporation by reference, Reporting and 
recordkeeping requirements.

10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports,

[[Page 35264]]

Incorporation by reference, Intergovernmental relations, Small 
businesses.

    Issued in Washington, DC, on April 26, 2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
    For the reasons stated in the preamble, DOE amends parts 429 and 
430 of chapter II of title 10, Code of Federal Regulations as set forth 
below:

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

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

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


0
2. Section 429.4 is amended by adding paragraph (b)(3) to read as 
follows:


Sec.  429.4  Materials incorporated by reference.

* * * * *
    (b) * * *
    (3) ANSI/AHAM PAC-1-2015 (``ANSI/AHAM PAC-1-2015''), Portable Air 
Conditioners, June 19, 2015, IBR approved for Sec.  429.62.
* * * * *

0
3. Add Sec.  429.62 to read as follows:


Sec.  429.62  Portable air conditioners.

    (a) Sampling plan for selection of units for testing. (1) The 
requirements of Sec.  429.11 are applicable to portable air 
conditioners; and
    (2) For each basic model of portable air conditioner, a sample of 
sufficient size must be randomly selected and tested to ensure that--
    (i) Any represented value of energy consumption or other measure of 
energy consumption of a basic model for which consumers would favor 
lower values is greater than or equal to the higher of:
    (A) The mean of the sample:
    [GRAPHIC] [TIFF OMITTED] TR01JN16.001
    
Where:

x is the sample mean;
xi is the ith sample; and
n is the number of units in the test sample.

    Or,
    (B) The upper 95 percent confidence limit (UCL) of the true mean 
divided by 1.10:
[GRAPHIC] [TIFF OMITTED] TR01JN16.002

Where:

x is the sample mean;
s is the sample standard deviation;
n is the number of units in the test sample; and
t0.95 is the t statistic for a 95% one-tailed confidence 
interval with n-1 degrees of freedom.

    And,
    (ii) Any represented value of the combined energy efficiency ratio 
or other measure of energy consumption of a basic model for which 
consumers would favor higher values is less than or equal to the lower 
of:
    (A) The mean of the sample:
    [GRAPHIC] [TIFF OMITTED] TR01JN16.003
    
    Where:

x is the sample mean;
xi is the ith sample; and
n is the number of units in the test sample.

    Or,
    (B) The lower 95 percent confidence limit (LCL) of the true mean 
divided by 0.90:
[GRAPHIC] [TIFF OMITTED] TR01JN16.004


Where:x is the sample mean;
s is the sample standard deviation;
n is the number of units in the test sample; and
t0.95 is the t statistic for a 95% one-tailed confidence 
interval with n-1 degrees of freedom.

    And,
    (3) The value of seasonally adjusted cooling capacity of a basic 
model must be the mean of the seasonally adjusted cooling capacities 
for each tested unit of the basic model. Round the mean seasonally 
adjusted cooling capacity value to the nearest 50, 100, 200, or 500 
Btu/h, depending on the magnitude of the calculated seasonally adjusted 
cooling capacity, in accordance with Table 1 of ANSI/AHAM PAC-1-2015, 
(incorporated by reference, see Sec.  429.4), ``Multiples for reporting 
Dual Duct Cooling Capacity, Single Duct Cooling Capacity, Spot Cooling 
Capacity, Water Cooled Condenser Capacity and Power Input Ratings.''
    (4) Round the value of combined energy efficiency ratio of a basic 
model to the nearest 0.1 Btu/Wh.
    (5) Single-duct and dual-duct portable air conditioners distributed 
in commerce by the manufacturer with multiple duct configuration 
options that meet DOE's definitions for single-duct portable AC and 
dual-duct portable AC, must be rated and certified under both 
applicable duct configurations.
    (b) Certification reports. [Reserved]

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
4. The authority citation for part 430 continues to read as follows:

    Authority:  42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

0
5. Section 430.2 is amended by adding, in alphabetical order, the 
definitions for ``dual-duct portable air conditioner'' and ``single-
duct portable air conditioner'' to read as follows:


Sec.  430.2  Definitions.

* * * * *
    Dual-duct portable air conditioner means a portable air conditioner 
that draws some or all of the condenser inlet air from outside the 
conditioned space through a duct attached to an adjustable window 
bracket, may draw additional condenser inlet air from the conditioned 
space, and discharges the condenser outlet air outside the conditioned 
space by means of a separate duct attached to an adjustable window 
bracket.
* * * * *
    Single-duct portable air conditioner means a portable air 
conditioner that draws all of the condenser inlet air from the 
conditioned space without the means of a duct, and discharges the 
condenser outlet air outside the conditioned space through a single 
duct attached to an adjustable window bracket.
* * * * *

0
6. Section 430.3 is amended by:
0
a. Removing ``appendix AA to subpart B'' in paragraph (g)(4), and 
adding in its place, ``appendices AA and CC to subpart B'';
0
b. Redesignating paragraph (i)(8) as (i)(9), and adding a new paragraph 
(i)(8); and
0
c. Removing ``and Z to subpart B'' in paragraph (p)(5), and adding in 
its place, ``Z and CC to subpart B''.
    The addition reads as follows:


Sec.  430.3  Materials incorporated by reference.

* * * * *
    (i) * * *
    (8) ANSI/AHAM PAC-1-2015, (``ANSI/AHAM PAC-1-2015''), Portable Air 
Conditioners, June 19, 2015, IBR approved for appendix CC to subpart B.
* * * * *

0
7. Section 430.23 is amended by adding paragraph (dd) to read as 
follows:


Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

* * * * *

[[Page 35265]]

    (dd) Portable air conditioners. (1) For single-duct and dual-duct 
portable air conditioners, measure the seasonally adjusted cooling 
capacity, expressed in British thermal units per hour (Btu/h), and the 
combined energy efficiency ratio, expressed in British thermal units 
per watt-hour (Btu/Wh) in accordance with appendix CC of this subpart.
    (2) Determine the estimated annual operating cost for portable air 
conditioners, expressed in dollars per year, by multiplying the 
following two factors:
    (i) For dual-duct portable air conditioners, the sum of 
AEC95 multiplied by 0.2, AEC83 multiplied by 0.8, 
and AECT as measured in accordance with section 5.3 of 
appendix CC of this subpart; or for single-duct portable air 
conditioners, the sum of AECSD and AECT as 
measured in accordance with section 5.3 of appendix CC of this subpart; 
and
    (ii) A representative average unit cost of electrical energy in 
dollars per kilowatt-hour as provided by the Secretary.
    (iii) Round the resulting product to the nearest dollar per year.

0
8. Add and reserve appendix BB to subpart B of part 430 to read as 
follows:

Appendix BB to Subpart B of Part 430--[Reserved]

0
9. Add appendix CC to subpart B of part 430 to read as follows:

Appendix CC to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Portable Air Conditioners

1. Scope

    This appendix covers the test requirements used to measure the 
energy performance of single-duct and dual-duct portable air 
conditioners, as defined at 10 CFR 430.2.

2. Definitions

    2.1 ANSI/AHAM PAC-1-2015 means the test standard published by 
the Association of Home Appliance Manufacturers, titled ``Portable 
Air Conditioners,'' ANSI/AHAM PAC-1-2015 (incorporated by reference; 
see Sec.  430.3).
    2.2 ASHRAE Standard 37-2009 means the test standard published by 
the American National Standards Institute and American Society of 
Heating, Refrigerating and Air-Conditioning Engineers and, titled 
``Methods of Testing for Rating Electrically Driven Unitary Air-
Conditioning and Heat Pump Equipment,'' ASHRAE Standard 37-2009 
(incorporated by reference; see Sec.  430.3).
    2.3 Combined energy efficiency ratio is the energy efficiency of 
a portable air conditioner as measured in accordance with this test 
procedure in Btu per watt-hours (Btu/Wh) and determined in section 
5.4.
    2.4 Cooling mode means a mode in which a portable air 
conditioner has activated the main cooling function according to the 
thermostat or temperature sensor signal, including activating the 
refrigeration system, or activating the fan or blower without 
activation of the refrigeration system.
    2.5 IEC 62301 means the test standard published by the 
International Electrotechnical Commission, titled ``Household 
electrical appliances-Measurement of standby power,'' Publication 
62301 (Edition 2.0 2011-01) (incorporated by reference; see Sec.  
430.3).
    2.6 Inactive mode means a standby mode that facilitates the 
activation of an active mode or off-cycle mode by remote switch 
(including remote control), internal sensor, or timer, or that 
provides continuous status display.
    2.7 Off-cycle mode means a mode in which a portable air 
conditioner:
    (1) Has cycled off its main cooling or heating function by 
thermostat or temperature sensor signal;
    (2) May or may not operate its fan or blower; and
    (3) Will reactivate the main function according to the 
thermostat or temperature sensor signal.
    2.8 Off mode means a mode in which a portable air conditioner is 
connected to a mains power source and is not providing any active 
mode, off-cycle mode, or standby mode function, and where the mode 
may persist for an indefinite time. An indicator that only shows the 
user that the portable air conditioner is in the off position is 
included within the classification of an off mode.
    2.9 Seasonally adjusted cooling capacity means the amount of 
cooling, measured in Btu/h, provided to the indoor conditioned 
space, measured under the specified ambient conditions.
    2.10 Standby mode means any mode where a portable air 
conditioner is connected to a mains power source and offers one or 
more of the following user-oriented or protective functions which 
may persist for an indefinite time:
    (1) To facilitate the activation of other modes (including 
activation or deactivation of cooling mode) by remote switch 
(including remote control), internal sensor, or timer; or
    (2) Continuous functions, including information or status 
displays (including clocks) or sensor-based functions. A timer is a 
continuous clock function (which may or may not be associated with a 
display) that provides regular scheduled tasks (e.g., switching) and 
that operates on a continuous basis.

3. Test Apparatus and General Instructions

    3.1 Active mode.
    3.1.1 Test conduct. The test apparatus and instructions for 
testing portable air conditioners in cooling mode and off-cycle mode 
must conform to the requirements specified in Section 4, 
``Definitions'' and Section 7, ``Tests,'' of ANSI/AHAM PAC-1-2015 
(incorporated by reference; see Sec.  430.3), except as otherwise 
specified in this appendix. Where applicable, measure duct heat 
transfer and infiltration air heat transfer according to section 
4.1.1.1 and section 4.1.1.2 of this appendix, respectively. Note 
that if a product is able to operate as both a single-duct and dual-
duct portable AC as distributed in commerce by the manufacturer, it 
must be tested and rated for both duct configurations.
    3.1.1.1 Duct setup. Use ducting components provided by the 
manufacturer, including, where provided by the manufacturer, ducts, 
connectors for attaching the duct(s) to the test unit, sealing, 
insulation, and window mounting fixtures. Do not apply additional 
sealing or insulation.
    3.1.1.2 Single-duct evaporator inlet test conditions. When 
testing single-duct portable air conditioners, maintain the 
evaporator inlet dry-bulb temperature within a range of 
1.0[emsp14][deg]F with an average difference within 
0.3[emsp14][deg]F.
    3.1.1.3 Condensate Removal. Set up the test unit in accordance 
with manufacturer instructions. If the unit has an auto-evaporative 
feature, keep any provided drain plug installed as shipped and do 
not provide other means of condensate removal. If the internal 
condensate collection bucket fills during the test, halt the test, 
remove the drain plug, install a gravity drain line, and start the 
test from the beginning. If no auto-evaporative feature is 
available, remove the drain plug and install a gravity drain line. 
If no auto-evaporative feature or gravity drain is available and a 
condensate pump is included, or if the manufacturer specifies the 
use of an included condensate pump during cooling mode operation, 
then test the portable air conditioner with the condensate pump 
enabled. For units tested with a condensate pump, apply the 
provisions in Section 7.1.2 of ANSI/AHAM PAC-1-2015 (incorporated by 
reference; see Sec.  430.3) if the pump cycles on and off.
    3.1.1.4 Unit Placement. There shall be no less than 3 feet 
between any test chamber wall surface and any surface on the 
portable air conditioner, except the surface or surfaces of the 
portable air conditioner that include a duct attachment. The 
distance between the test chamber wall and a surface with one or 
more duct attachments is prescribed by the test setup requirements 
in Section 7.3.7 of ANSI/AHAM PAC-1-2015 (incorporated by reference; 
see Sec.  430.3).
    3.1.1.5 Electrical supply. Maintain the input standard voltage 
at 115 V 1 percent. Test at the rated frequency, 
maintained within 1 percent.
    3.1.1.6 Duct temperature measurements. Install any insulation 
and sealing provided by the manufacturer. Then adhere four equally 
spaced thermocouples per duct to the outer surface of the entire 
length of the duct. Measure the surface temperatures of each duct. 
Temperature measurements must have an error no greater than 0.5[emsp14][deg]F over the range being measured.
    3.1.2 Control settings. Set the controls to the lowest available 
temperature setpoint for cooling mode. If the portable air 
conditioner has a user-adjustable fan speed, select the maximum fan 
speed setting. If the portable air conditioner has an automatic 
louver oscillation feature, disable that feature throughout testing. 
If the louver oscillation feature is included but there is no option 
to disable it, test with the louver oscillation enabled. If the 
portable air conditioner has adjustable louvers, position the 
louvers

[[Page 35266]]

parallel with the air flow to maximize air flow and minimize static 
pressure loss.
    3.1.3 Measurement resolution. Record measurements at the 
resolution of the test instrumentation.
    3.2 Standby mode and off mode.
    3.2.1 Installation requirements. For the standby mode and off 
mode testing, install the portable air conditioner in accordance 
with Section 5, Paragraph 5.2 of IEC 62301 (incorporated by 
reference; see Sec.  430.3), disregarding the provisions regarding 
batteries and the determination, classification, and testing of 
relevant modes.
    3.2.2 Electrical energy supply.
    3.2.2.1 Electrical supply. For the standby mode and off mode 
testing, maintain the input standard voltage at 115 V 1 
percent. Maintain the electrical supply at the rated frequency 
1 percent.
    3.2.2.2 Supply voltage waveform. For the standby mode and off 
mode testing, maintain the electrical supply voltage waveform 
indicated in Section 4, Paragraph 4.3.2 of IEC 62301 (incorporated 
by reference; see Sec.  430.3).
    3.2.3 Standby mode and off mode wattmeter. The wattmeter used to 
measure standby mode and off mode power consumption must meet the 
requirements specified in Section 4, Paragraph 4.4 of IEC 62301 
(incorporated by reference; see Sec.  430.3).
    3.2.4 Standby mode and off mode ambient temperature. For standby 
mode and off mode testing, maintain room ambient air temperature 
conditions as specified in Section 4, Paragraph 4.2 of IEC 62301 
(incorporated by reference; see Sec.  430.3).

4. Test Measurement

    4.1 Cooling mode. Measure the indoor room cooling capacity and 
overall power input in cooling mode in accordance with Section 7.1.b 
and 7.1.c of ANSI/AHAM PAC-1-2015 (incorporated by reference; see 
Sec.  430.3), respectively. Determine the test duration in 
accordance with Section 8.7 of ASHRAE Standard 37-2009 (incorporated 
by reference; Sec.  430.3). Apply the test conditions for single-
duct and dual-duct portable air conditioners presented in Table 1 of 
this appendix instead of the test conditions in Table 3 of ANSI/AHAM 
PAC-1-2015. For single-duct units, measure the indoor room cooling 
capacity, CapacitySD, and overall power input in cooling 
mode, PSD, in accordance with the ambient conditions for 
test configuration 5, presented in Table 1 of this appendix. For 
dual-duct units, measure the indoor room cooling capacity and 
overall power input in accordance with ambient conditions for test 
configuration 3, condition A (Capacity95, 
P95), and then measure the indoor room cooling capacity 
and overall power input a second time in accordance with the ambient 
conditions for test configuration 3, condition B 
(Capacity83, P83), presented in Table 1 of 
this appendix. Note that for the purposes of this cooling mode test 
procedure, evaporator inlet air is considered the ``indoor air'' of 
the conditioned space and condenser inlet air is considered the 
``outdoor air'' outside of the conditioned space.

                   Table 1--Evaporator (Indoor) and Condenser (Outdoor) Inlet Test Conditions
----------------------------------------------------------------------------------------------------------------
                                                   Evaporator inlet air,  [deg]F   Condenser inlet air,  [deg]F
                                                             ([deg]C)                        ([deg]C)
               Test configuration                ---------------------------------------------------------------
                                                     Dry bulb        Wet bulb        Dry bulb        Wet bulb
----------------------------------------------------------------------------------------------------------------
3 (Dual-Duct, Condition A)......................       80 (26.7)       67 (19.4)       95 (35.0)       75 (23.9)
3 (Dual-Duct, Condition B)......................       80 (26.7)       67 (19.4)       83 (28.3)     67.5 (19.7)
5 (Single-Duct).................................       80 (26.7)       67 (19.4)       80 (26.7)       67 (19.4)
----------------------------------------------------------------------------------------------------------------

    4.1.1. Duct Heat Transfer. Measure the surface temperature of 
the condenser exhaust duct and condenser inlet duct, where 
applicable, throughout the cooling mode test. Calculate the average 
temperature at each individual location, and then calculate the 
average surface temperature of each duct by averaging the four 
average temperature measurements taken on that duct. Calculate the 
surface area (Aduct_j) of each duct according to:

Aduct_j = [pi] x dj x Lj

Where:
dj = the outer diameter of duct ``j'', including any 
manufacturer-supplied insulation.
Lj = the extended length of duct ``j'' while under test.
j represents the condenser exhaust duct and, for dual-duct units, 
the condenser exhaust duct and the condenser inlet duct.

    Calculate the total heat transferred from the surface of the 
duct(s) to the indoor conditioned space while operating in cooling 
mode for the outdoor test conditions in Table 1 of this appendix, as 
follows. For single-duct portable air conditioners:

Qduct_SD = h x Aduct_j x 
(Tduct_SD = - Tei)
    For dual-duct portable air conditioners:

Qduct_95 = [Sgr]j{h x Aduct_j x 
(Tduct_95 - Tei){time} 
Qduct_83 = [Sgr]j{h x Aduct_j x 
(Tduct_83 - Tei){time} 

Where:

    Qduct_SD = for single-duct portable air conditioners, 
the total heat transferred from the duct to the indoor conditioned 
space in cooling mode when tested according to the test conditions 
in Table 1 of this appendix, in Btu/h.
    Qduct_95 and Qduct_83 = for dual-duct 
portable air conditioners, the total heat transferred from the ducts 
to the indoor conditioned space in cooling mode, in Btu/h, when 
tested according to the 95[emsp14][deg]F dry-bulb and 
83[emsp14][deg]F dry-bulb outdoor test conditions in Table 1 of this 
appendix, respectively.
    h = convection coefficient, 3 Btu/h per square foot per [deg]F.
    Aduct_j = surface area of duct ``j'', in square feet.
    Tduct_SD_j = average surface temperature for the 
condenser exhaust duct of single-duct portable air conditioners, as 
measured during testing according to the test condition in Table 1 
of this appendix, in [deg]F.
    Tduct_95_j and Tduct_83_j = average 
surface temperature for duct ``j'' of dual-duct portable air 
conditioners, as measured during testing according to the two 
outdoor test conditions in Table 1 of this appendix, in [deg]F.
    j represents the condenser exhaust duct and, for dual-duct 
units, the condenser exhaust duct and the condenser inlet duct.
    Tei = average evaporator inlet air dry-bulb 
temperature, in [deg]F.
    4.1.2 Infiltration Air Heat Transfer. Measure the heat 
contribution from infiltration air for single-duct portable air 
conditioners and dual-duct portable air conditioners that draw at 
least part of the condenser air from the conditioned space. 
Calculate the heat contribution from infiltration air for single-
duct and dual-duct portable air conditioners for both cooling mode 
outdoor test conditions, as described in this section. Calculate the 
dry air mass flow rate of infiltration air according to the 
following equations:
[GRAPHIC] [TIFF OMITTED] TR01JN16.005

    For dual-duct portable air conditioners:


[[Page 35267]]


[GRAPHIC] [TIFF OMITTED] TR01JN16.006

Where:

    mSD = dry air mass flow rate of infiltration air for 
single-duct portable air conditioners, in pounds per minute (lb/m).
    m95 and m83 = dry air mass flow rate of 
infiltration air for dual-duct portable air conditioners, as 
calculated based on testing according to the test conditions in 
Table 1 of this appendix, in lb/m.
    Vco_SD, Vco_95, and Vco_83 = 
average volumetric flow rate of the condenser outlet air during 
cooling mode testing for single-duct portable air conditioners; and 
at the 95[emsp14][deg]F and 83[emsp14][deg]F dry-bulb outdoor 
conditions for dual-duct portable air conditioners, respectively, in 
cubic feet per minute (cfm).
    Vci_95, and Vci_83 = average volumetric 
flow rate of the condenser inlet air during cooling mode testing at 
the 95[emsp14][deg]F and 83[emsp14][deg]F dry-bulb outdoor 
conditions for dual-duct portable air conditioners, respectively, in 
cfm.
    [rho]co_SD, [rho]co_95, and 
[rho]co_83 = average density of the condenser outlet air 
during cooling mode testing for single-duct portable air 
conditioners, and at the 95[emsp14][deg]F and 83[emsp14][deg]F dry-
bulb outdoor conditions for dual-duct portable air conditioners, 
respectively, in pounds mass per cubic foot (lbm/ft\3\).
    [rho]ci_95, and [rho]ci_83 = average 
density of the condenser inlet air during cooling mode testing at 
the 95[emsp14][deg]F and 83[emsp14][deg]F dry-bulb outdoor 
conditions for dual-duct portable air conditioners, respectively, in 
lbm/ft\3\.
    [omega]co_SD, [omega]co_95, and 
[omega]co_83 = average humidity ratio of condenser outlet 
air during cooling mode testing for single-duct portable air 
conditioners, and at the 95[emsp14][deg]F and 83[emsp14][deg]F dry-
bulb outdoor conditions for dual-duct portable air conditioners, 
respectively, in pounds mass of water vapor per pounds mass of dry 
air (lbw/lbda).
    [omega]ci_95, and [omega]ci_83 = average 
humidity ratio of condenser inlet air during cooling mode testing at 
the 95[emsp14][deg]F and 83[emsp14][deg]F dry-bulb outdoor 
conditions for dual-duct portable air conditioners, respectively, in 
lbw/lbda.
    For single-duct and dual-duct portable air conditioners, 
calculate the sensible component of infiltration air heat 
contribution according to:

Qs_95 m x 60
x [(cp_95 x Tai_95 - Tindoor)) + 
Cp_wv
x ([omega]ai_95 x Tai_95 - 
[omega]indoor x Tindoor)]
Qs_83 =m x 60
x [(cp_da x (Tai_83 - Tindoor)) + 
Cp_wv
x ([omega]ai_83 x Tai_83 - 
[omega]indoor x Tindoor)]

Where:

    Qs_95 and Qs_83 = sensible heat added to 
the room by infiltration air, calculated at the 95[emsp14][deg]F and 
83[emsp14][deg]F dry-bulb outdoor conditions in Table 1 of this 
appendix, in Btu/h.
    m = dry air mass flow rate of infiltration air, mSD 
or m95 when calculating Qs_95 and 
msd or m83 when calculating Qs_83, 
in lb/m.
    cp_da = specific heat of dry air, 0.24 Btu/
lbm-[deg]F.
    cp_wv = specific heat of water vapor, 0.444 Btu/
lbm-[deg]F.
    Tindoor = indoor chamber dry-bulb temperature, 
80[emsp14][deg]F.
    Tia_95 and Tia_83 = infiltration air dry-
bulb temperatures for the two test conditions in Table 1 of this 
appendix, 95[emsp14][deg]F and 83[emsp14][deg]F, respectively.
    [omega]ia_95 and [omega]ia_83= humidity 
ratios of the 95[emsp14][deg]F and 83[emsp14][deg]F dry-bulb 
infiltration air, 0.0141 and 0.01086 lbw/lbda, 
respectively.
    [omega]indoor = humidity ratio of the indoor chamber 
air, 0.0112 lbw/lbda.
    60 = conversion factor from minutes to hours.
    Calculate the latent heat contribution of the infiltration air 
according to:
Ql_95 m x 60 x Hfg x ([omega]ia_95 
- [omega]indoor)
Ql_83 m x 60 x Hfg x ([omega]ia_83 
- [omega]indoor)

Where:

    Ql_95 and Ql_83 = latent heat added to the 
room by infiltration air, calculated at the 95[emsp14][deg]F and 
83[emsp14][deg]F dry-bulb outdoor conditions in Table 1 of this 
appendix, in Btu/h.
    m = mass flow rate of infiltration air, mSD or 
m95 when calculating Q1_95 and mSD 
or m83 when calculating Q1_83, in lb/m.
    Hfg = latent heat of vaporization for water vapor, 
1061 Btu/lbm.
    [omega]ia_95 and [omega]ia_83 = humidity 
ratios of the 95[emsp14][deg]F and 83[emsp14][deg]F dry-bulb 
infiltration air, 0.0141 and 0.01086 lbw/lbda, 
respectively.
    [omega]indoor = humidity ratio of the indoor chamber 
air, 0.0112 lbw/lbda.
    60 = conversion factor from minutes to hours.
    The total heat contribution of the infiltration air is the sum 
of the sensible and latent heat:

infiltration_95 = Qs_95 + Q1_95
infiltration_83 = Qs_83 + Q1_83

Where:

    Qinfiltration_95 and Qinfiltration_83 = 
total infiltration air heat in cooling mode, calculated at the 
95[emsp14][deg]F and 83[emsp14][deg]F dry-bulb outdoor conditions in 
Table 1 of this appendix, in Btu/h.
    Qs_95 and Qs_83 = sensible heat added to 
the room by infiltration air, calculated at the 95[emsp14][deg]F and 
83[emsp14][deg]F dry-bulb outdoor conditions in Table 1 of this 
appendix, in Btu/h.
    Ql_95 and Ql_83 = latent heat added to the 
room by infiltration air, calculated at the 95[emsp14][deg]F and 
83[emsp14][deg]F dry-bulb outdoor conditions in Table 1 of this 
appendix, in Btu/h.
    4.2 Off-cycle mode. Establish the test conditions specified in 
section 3.1.1 of this appendix for off-cycle mode and use the 
wattmeter specified in section 3.2.3 of this appendix (but do not 
use the duct measurements in section 3.1.1.6). Begin the off-cycle 
mode test period 5 minutes following the cooling mode test period. 
Adjust the setpoint higher than the ambient temperature to ensure 
the product will not enter cooling mode and begin the test 5 minutes 
after the compressor cycles off due to the change in setpoint. Do 
not change any other control settings between the end of the cooling 
mode test period and the start of the off-cycle mode test period. 
The off-cycle mode test period must be 2 hours in duration, during 
which period, record the power consumption at the same intervals as 
recorded for cooling mode testing. Measure and record the average 
off-cycle mode power of the portable air conditioner, 
Poc, in watts.
    4.3 Standby mode and off mode. Establish the testing conditions 
set forth in section 3.2 of this appendix, ensuring that the 
portable air conditioner does not enter any active modes during the 
test. For portable air conditioners that take some time to enter a 
stable state from a higher power state as discussed in Section 5, 
Paragraph 5.1, Note 1 of IEC 62301, (incorporated by reference; see 
Sec.  430.3), allow sufficient time for the portable air conditioner 
to reach the lowest power state before proceeding with the test 
measurement. Follow the test procedure specified in Section 5, 
Paragraph 5.3.2 of IEC 62301 for testing in each possible mode as 
described in sections 4.3.1 and 4.3.2 of this appendix.
    4.3.1 If the portable air conditioner has an inactive mode, as 
defined in section 2.6 of this appendix, but not an off mode, as 
defined in section 2.8 of this appendix, measure and record the 
average inactive mode power of the portable air conditioner, 
Pia, in watts.
    4.3.2 If the portable air conditioner has an off mode, as 
defined in section 2.8 of this appendix, measure and record the 
average off mode power of the portable air conditioner, 
Pom, in watts.

5. Calculation of Derived Results From Test Measurements

    5.1 Adjusted Cooling Capacity. Calculate the adjusted cooling 
capacities for portable air conditioners, ACC95 and 
ACC83, expressed in Btu/h, according to the following 
equations. For single-duct portable air conditioners:

ACC95 = CapacitySD - Qduct_SD - 
Qinfiltration_95
ACC83 = CapacitySD - Qduct_SD - 
Qinfiltration_83

    For dual-duct portable air conditioners:
ACC95 = Capacity95 - Qduct_95 - 
Qinfiltration_95
ACC83 = Capacity83 - Qduct_83 - 
Qinfiltration_83

Where:

CapacitySD, Capacity95, and 
Capacity83 = cooling capacity measured in section 4.1.1 
of this appendix.
Qduct_SD, Qduct_95, and Qduct_83 = 
duct heat transfer while operating in cooling mode, calculated in 
section 4.1.1.1 of this appendix.
Qinfiltration_95 and Qinfiltration_83 = total 
infiltration air heat transfer in cooling

[[Page 35268]]

mode, calculated in section 4.1.1.2 of this appendix.

    5.2 Seasonally Adjusted Cooling Capacity. Calculate the 
seasonally adjusted cooling capacity for portable air conditioners, 
SACC, expressed in Btu/h, according to:

SACC = ACC95 x 0.2 + ACC83 x 0.8

Where:

ACC95 and ACC83 = adjusted cooling capacity, 
in Btu/h, calculated in section 5.1 of this appendix.
0.2 = weighting factor for ACC95.
0.8 = weighting factor for ACC83.
    5.3 Annual Energy Consumption. Calculate the annual energy 
consumption in each operating mode, AECm, expressed in 
kilowatt-hours per year (kWh/year). Use the following annual hours 
of operation for each mode:

------------------------------------------------------------------------
                                                                Annual
                       Operating mode                         operating
                                                                hours
------------------------------------------------------------------------
Cooling Mode, Dual-Duct 95 [deg]F \1\......................          750
Cooling Mode, Dual-Duct 83 [deg]F \1\......................          750
Cooling Mode, Single-Duct..................................          750
Off-Cycle..................................................          880
Inactive or Off............................................        1,355
------------------------------------------------------------------------
\1\ These operating mode hours are for the purposes of calculating
  annual energy consumption under different ambient conditions for dual-
  duct portable air conditioners, and are not a division of the total
  cooling mode operating hours. The total dual-duct cooling mode
  operating hours are 750 hours.

AECm = Pm x tm x k

Where:

AECm = annual energy consumption in each mode, in kWh/
year.
Pm = average power in each mode, in watts.
    m represents the operating mode (``95'' and ``83'' cooling mode 
at the 95[emsp14][deg]F and 83[emsp14][deg]F dry-bulb outdoor 
conditions, respectively for dual-duct portable air conditioners, 
``SD'' cooling mode for single-duct portable air conditioners, 
``oc'' off-cycle, and ``ia'' inactive or ``om'' off mode).
t = number of annual operating time in each mode, in hours.
k = 0.001 kWh/Wh conversion factor from watt-hours to kilowatt-
hours.

    Total annual energy consumption in all modes except cooling, is 
calculated according to:
[GRAPHIC] [TIFF OMITTED] TR01JN16.007

Where:

AECT = total annual energy consumption attributed to all 
modes except cooling, in kWh/year;
AECm = total annual energy consumption in each mode, in 
kWh/year.
    m represents the operating modes included in AECT 
(``oc'' off-cycle, and ``im'' inactive or ``om'' off mode).

    5.4 Combined Energy Efficiency Ratio. Using the annual operating 
hours, as outlined in section 5.3 of this appendix, calculate the 
combined energy efficiency ratio, CEER, expressed in Btu/Wh, 
according to the following:
[GRAPHIC] [TIFF OMITTED] TR01JN16.008

[GRAPHIC] [TIFF OMITTED] TR01JN16.009

Where:

CEERSD and CEERDD = combined energy efficiency 
ratio for single-duct and dual-duct portable air conditioners, 
respectively, in Btu/Wh.
ACC95 and ACC83 = adjusted cooling capacity, 
tested at the 95[emsp14][deg]F and 83[emsp14][deg]F dry-bulb outdoor 
conditions in Table 1 of this appendix, in Btu/h, calculated in 
section 5.1 of this appendix.
AECSD = annual energy consumption in cooling mode for 
single-duct portable air conditioners, in kWh/year, calculated in 
section 5.3 of this appendix.
AEC95 and AEC83 = annual energy consumption 
for the two cooling mode test conditions in Table 1 of this appendix 
for dual-duct portable air conditioners, in kWh/year, calculated in 
section 5.3 of this appendix.
AECT = total annual energy consumption attributed to all 
modes except cooling, in kWh/year, calculated in section 5.3 of this 
appendix.
t = number of cooling mode hours per year, 750.
k = 0.001 kWh/Wh conversion factor for watt-hours to kilowatt-hours.
0.2 = weighting factor for the 95[emsp14][deg]F dry-bulb outdoor 
condition test.
0.8 = weighting factor for the 83[emsp14][deg]F dry-bulb outdoor 
condition test.

[FR Doc. 2016-12446 Filed 5-31-16; 8:45 am]
 BILLING CODE 6450-01-P