[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Rules and Regulations]
[Pages 32227-32228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14473]



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 Rules and Regulations
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  Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Rules 
and Regulations  

[[Page 32227]]



DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[EERE-2016-BT-TP-0029]
RIN 1904-AD71


Energy Conservation Program: Test Procedures for Central Air 
Conditioners and Heat Pumps

AGENCY: Office of the General Counsel, Department of Energy.

ACTION: Notification of administrative stay.

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

SUMMARY: The Department of Energy (DOE) has postponed the effectiveness 
of certain provisions of a final rule, published in the Federal 
Register on January 5, 2017, that amends the test procedure and 
specific certification, compliance, and enforcement provisions for 
central air conditioners and heat pumps. Specifically, DOE postponed 
the effectiveness of two provisions of a recently issued rule that 
require outdoor unit models to be tested under the outdoor unit with no 
match if they meet either of the two following conditions: The outdoor 
unit is approved for use with a refrigerant that has a 95 [deg]F 
midpoint saturation absolute pressure that is +/- 18 percent of the 95 
[deg]F saturation absolute pressure for HCFC-22; or the unit is shipped 
requiring the addition of more than two pounds of refrigerant to meet 
the charge required for testing under the rule and the factory charge 
is not equal to or greater than 70% of the outdoor unit internal volume 
times the liquid density of refrigerant at 95 [deg]F.

DATES: As of July 3, 2017, the effectiveness of certain provisions of 
10 CFR 429.16(a)(3)(i) was postponed under 5 U.S.C. 705.

FOR FURTHER INFORMATION CONTACT: Mr. Pete Cochran, U.S. Department of 
Energy, Office of the General Counsel, 1000 Independence Ave. SW., 
Washington, DC 20585-0121. Phone: (202) 586-9496. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On January 5, 2017, DOE published a final rule (January 2017 final 
rule) amending the test procedure and certification, compliance, and 
enforcement provisions for central air conditioners and heat pumps 
(CAC/HP). 82 FR 1426. Among other changes, the January 2017 final rule 
added a paragraph at 10 CFR 429.16(a)(3)(i) that requires, among other 
things: (1) If any of the refrigerants approved for use with an outdoor 
unit model is HCFC-22 or has a 95[emsp14][deg]F midpoint saturation 
absolute pressure that is +/- 18 percent of the 95[emsp14][deg]F 
saturation absolute pressure for HCFC-22, or if there are no 
refrigerants designated as approved for use, a manufacturer to 
determine represented values (including SEER, EER, HSPF, SEER2, EER2, 
HSPF2, PW, OFF, cooling capacity, and heating capacity, as applicable) 
for, at a minimum, an outdoor unit with no match; and (2) if a model of 
outdoor unit is not charged with a specified refrigerant from the point 
of manufacture or if the unit is shipped requiring the addition of more 
than two pounds of refrigerant to meet the charge required for testing 
per section 2.2.5 of appendix M or appendix M1 (unless either (a) the 
factory charge is equal to or greater than 70% of the outdoor unit 
internal volume times the liquid density of refrigerant at 
95[emsp14][deg]F or (b) an A2L refrigerant is approved for use and 
listed in the certification report), a manufacturer to determine 
represented values (including SEER, EER, HSPF, SEER2, EER2, HSPF2, PW, 
OFF, cooling capacity, and heating capacity, as applicable) for, at a 
minimum, an outdoor unit with no match.
    The original effective date of the January 2017 final rule was 
February 6, 2017. Subsequently, DOE delayed the effective date of the 
January 2017 final rule until March 21, 2017 (82 FR 8985), and then 
further delayed the effective date until July 5, 2017 (82 FR 14425; 82 
FR 15457).
    On March 3, 2017, Johnson Controls, Inc. (JCI) filed a petition for 
review of the January 2017 final rule in the United States Court of 
Appeals for the Seventh Circuit. JCI manufactures outdoor units with an 
approved refrigerant that has a 95[emsp14][deg]F midpoint saturation 
absolute pressure that is +/- 18 percent of the 95[emsp14][deg]F 
saturation absolute pressure for HCFC-22. These same models are also 
shipped requiring the addition of more than two pounds of refrigerant 
to meet the charge required for testing per section 2.2.5 of appendix M 
or appendix M1, and the factory charge is not equal to or greater than 
70% of the outdoor unit internal volume times the liquid density of 
refrigerant at 95 [deg]F. Thus, under either of the two provisions at 
10 CFR 429.16(a)(3)(i), these models would need to be tested as outdoor 
units with no match under appendix M or M1.
    On May 31, 2017, JCI requested that DOE grant it an administrative 
stay pending judicial review of two elements of the January 2017 final 
rule challenged in the Seventh Circuit case: The requirements that a 
manufacturer determine represented values (including SEER, EER, HSPF, 
SEER2, EER2, HSPF2, PW, OFF, cooling capacity, and heating capacity, as 
applicable) for, at a minimum, an outdoor unit with no match, when 
testing outdoor unit models that are either: (1) Approved for a 
refrigerant that has a 95[emsp14][deg]F midpoint saturation absolute 
pressure that is +/- 18 percent of the 95[emsp14][deg]F saturation 
absolute pressure for HCFC-22; or (2) shipped requiring the addition of 
more than two pounds of refrigerant to meet the charge required for 
testing per section 2.2.5 of appendix M or Appendix M1, and the factory 
charge is not equal to or greater than 70% of the outdoor unit internal 
volume times the liquid density of refrigerant at 95[emsp14][deg]F. On 
June 6, 2017, JCI requested that DOE hold its stay request in abeyance, 
noting that DOE's June 2, 2017, grant of an 180-day extension of the 
date by which JCI must comply with the two provisions specified above 
obviated the need for an immediate grant of an administrative stay.

Administrative Stay and Effectiveness

    Under the Administrative Procedure Act (5 U.S.C. 705), ``[w]hen an 
agency finds that justice so requires, it may postpone the effective 
date of action taken by it, pending judicial review.'' The result of 
the issuance of a stay is to leave in place the status quo.
    DOE has determined that, during the pendency of the lawsuit brought 
by JCI, it is in the interests of justice to postpone the effectiveness 
of the

[[Page 32228]]

provisions of the January 2017 final rule that require a manufacturer 
to determine represented values (including SEER, EER, HSPF, SEER2, 
EER2, HSPF2, PW, OFF, cooling capacity, and heating capacity, as 
applicable) for, at a minimum, an outdoor unit with no match, when 
testing outdoor unit models that are either: (1) Approved for a 
refrigerant that has a 95[emsp14][deg]F midpoint saturation absolute 
pressure that is +/- 18 percent of the 95 [deg]F saturation absolute 
pressure for HCFC-22; or (2) shipped requiring the addition of more 
than two pounds of refrigerant to meet the charge required for testing 
per section 2.2.5 of appendix M or appendix M1, and the factory charge 
is not equal to or greater than 70% of the outdoor unit internal volume 
times the liquid density of refrigerant at 95[emsp14][deg]F. DOE has 
determined to postpone the effectivenes of these provisions based on 
JCI's submissions to DOE that raise concerns about significant 
potential impacts on JCI, and further to ensure all manufacturers of 
central air conditioners and heat pumps have the same relief granted to 
JCI.

    Issued in Washington, DC, on July 3, 2017.
George Fibbe,
Deputy General Counsel for Litigation, Regulation and Enforcement.
[FR Doc. 2017-14473 Filed 7-12-17; 8:45 am]
BILLING CODE 6450-01-P