[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Notices]
[Pages 12735-12737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05941]


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DEPARTMENT OF ENERGY

[Case Number CAC-051]


Notice of Decision and Order Granting a Waiver to Johnson 
Controls, Inc. From the Department of Energy Central Air Conditioners 
and Heat Pumps Test Procedure

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

ACTION: Notice of decision and order.

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SUMMARY: This notice announces a Decision and Order granting Johnson 
Controls, Inc. (``JCI'') a waiver from specified portions of the DOE 
test procedure for determining the efficiency of specified central air 
conditioners (``CAC'') and heat pump (``HP'') basic models. JCI is 
required to test and rate the specified CAC and HP basic models in 
accordance with the alternate test procedure described in the Decision 
and Order.

DATES: The Decision and Order is effective as of March 23, 2018.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Lucy deButts, 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) 287-1604. Email: [email protected].
    Mr. Pete Cochran, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue 
SW, Washington, DC 20585-0103. Telephone: (202) 586-9496. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: On May 2, 2017, JCI originally filed a 
petition for waiver and an application for interim waiver from the 
applicable CAC and HP test procedure set forth in Appendix M and 
subsequently amended its petition once in May and again in June. On 
September 20, 2017, DOE published a notice announcing its receipt of 
the petition for waiver and also granting JCI an interim waiver. 82 FR 
43952. In that notice, DOE also solicited comments from interested 
parties on all aspects of the petition and specified an alternate test 
procedure that must be followed for testing and certifying the specific 
basic models for which JCI requested a waiver. Id.
    On March 23, 2018, DOE publishes this notice announcing a Decision 
and Order regarding JCI's petition. This notice includes a copy of the 
Decision and Order, with information JCI marked as confidential 
business information redacted, DOE issued to JCI.

    Issued in Washington, DC, on March 9, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Case #CAC-051--Decision and Order

I. Background and Authority

    The Energy Policy and Conservation Act of 1975, as amended 
(``EPCA'' or ``the Act''),\1\ Public Law 94-163 (42 U.S.C. 6291-6317, 
as codified), among other things, authorizes DOE to regulate the energy 
efficiency of a number of consumer products and industrial equipment. 
Title III, Part B \2\ of EPCA established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, a program that 
includes the CACs and HPs which are the subject of this Order. (42 
U.S.C. 6292(a)(3)) Under EPCA, DOE's energy conservation program 
consists essentially of four parts: (1) Testing, (2) labeling, (3) 
Federal energy conservation standards, and (4) certification and 
enforcement procedures.
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the EPS Improvement Act of 2017, Public Law 115-
115 (January 12, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
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    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their product complies with the applicable 
energy conservation standards adopted pursuant to EPCA (42 U.S.C. 
6295(s)), and (2) making representations about the efficiency of that 
product (42 U.S.C. 6293(c)). Similarly, DOE must use these test 
procedures to determine whether the product complies with relevant 
standards promulgated under EPCA. (42 U.S.C. 6295(s))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE is required to follow when prescribing or amending test procedures 
for covered products. EPCA requires that test procedures prescribed or 
amended under this section must be reasonably designed to produce test 
results which reflect the energy efficiency, energy use or estimated 
annual operating cost of covered products during a representative 
average use cycle or period of use and requires that test procedures 
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The 
currently applicable CAC and HP test procedure is contained in the Code 
of Federal Regulations (CFR) at 10 CFR part 430, subpart B, appendix M, 
``Uniform Test Method for Measuring the Energy Consumption of Central 
Air Conditioners and Heat Pumps'' (``Appendix M'').
    Under 10 CFR 430.27, any interested person may submit a petition 
for waiver from DOE's test procedure requirements. DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic models for which the waiver was requested contain a 
design characteristic that prevents testing of the basic models 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic models in a manner so 
unrepresentative of their true energy or water consumption 
characteristics as to provide materially inaccurate comparative data. 
10 CFR 430.27(f)(2). DOE may grant the waiver subject to conditions, 
including adherence to alternate test procedures. Id.

II. Petition for Waiver: Assertions and Determinations

    On May 17, 2017, JCI filed a petition for waiver and an application 
for interim waiver from the applicable CAC and HP test procedure set 
forth in Appendix M.\3\ On June 2, 2017, JCI supplemented its petition 
with additional information. According to JCI, testing its CAC and HP 
basic models that use variable-speed, oil-injected scroll compressors 
(VSS systems) with only a 20-hour break-in period produces

[[Page 12736]]

results unrepresentative of their true energy consumption 
characteristics, and would provide materially inaccurate comparative 
data. JCI requested that in lieu of the 20-hour break-in limit, it be 
permitted to test its VSS systems with a 72-hour break-in period. 
Consequently, JCI seeks a waiver from DOE to permit it to use an 
alternate test procedure to test and rate specific CAC and HP basic 
models, which increases the break-in time limit stipulated in section 
3.1.7 of Appendix M.
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    \3\ JCI originally submitted a petition for waiver and 
application for an interim waiver dated May 2, 2017, which was 
superseded by the corrected petition for waiver and application for 
interim waiver dated May 17, 2017. These documents along with 
supporting materials and comments can be reviewed at: https://www.regulations.gov/document?D=EERE-2017-BT-WAV-0037-0001.
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    JCI submitted data indicating that the VSS system basic models 
specified in the petition have compressors that may require more than 
the 20 hours of break-in time allowed by the DOE test procedure. The 
purpose of the DOE break in period is to represent the wearing process 
that smooths out irregularities in the mating surfaces of the 
compressor. These irregularities can increase friction between mating 
surfaces and/or result in reduced refrigerant mass flow, both of which 
would reduce compressor and in turn, overall product efficiency. The 
majority of the operational life of the compressor occurs after this 
wearing process. Hence, testing after a sufficient break in period is 
more representative of field performance. Based on data submitted on 
the issue and facts presented as a record of DOE's central air 
conditioner and heat pump test procedure rulemaking to date, DOE 
determined that a 20 hour break in period is appropriate for central 
air-conditioners and heat pumps. 77 FR 28928, 28944 (May 16, 2012). 
Specifically, stakeholders commented that a break-in period of 16 to 20 
hours would generally be appropriate for testing of commercial air-
conditioners with capacity less than 65,000 Btu/h. 77 FR 28928, 28943. 
However, in the basic models specified by JCI in its petition, the oil 
injected into the oil-injected scroll compressors increases the 
coverage of the viscous oil layer between mating surfaces of the 
scroll. This is presumably its purpose, i.e., to provide additional 
sealing in the gaps of the mating surfaces to improve compressor 
volumetric efficiency (relationship between displacement rate and 
volume flow rate of refrigerant drawn into the compressor). By 
enhancing this oil layer, the direct contact between irregularities in 
the surfaces is reduced. The reduction in direct contact slows the 
wearing process that smooths out these irregularities. Thus, the 20-
hour break-in period may not allow for sufficient smoothing of 
irregularities that reduce compressor efficiency and would result in an 
efficiency measurement that is unrepresentative of actual field use. 
Hence a longer break-in period would be appropriate for these products.
    On September 20, 2017, DOE published a notice announcing its 
receipt of the petition for waiver and also granting JCI an interim 
waiver. 82 FR 43952. In that notice DOE also solicited comments from 
interested parties on all aspects of the petition and specified an 
alternate test procedure that must be followed for testing and 
certifying the specific basic models for which JCI requested a waiver. 
Id. Following close of the comment period, DOE received a comment from 
Goodman Global, Inc. (a member of the Daikin Group) that was supportive 
of DOE granting the waiver.\4\ DOE did not receive any other comments 
relevant to this petition.\5\
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    \4\ Goodman's comment can be accessed at: https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0037.
    \5\ One comment was received from a party identified as 
Anonymous regarding air emissions.
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    Based on the information provided by JCI, DOE has determined that 
the current test procedure at Appendix M would evaluate the specified 
CAC and HP basic models in a manner so unrepresentative of their true 
energy consumption characteristics as to provide materially inaccurate 
comparative data. Therefore, in the Decision and Order, DOE is 
requiring that JCI test and rate the CAC and HP basic models for which 
it has requested a waiver according to the alternate test procedure 
specified in the Decision and Order, which is identical to the 
procedure provided in the interim waiver.
    In its petition JCI sought a test procedure waiver for certain 
models. The Decision and Order is applicable only to the basic models 
listed within it and does not extend to any other basic models.
    Consistent with 10 CFR 430.27(j), not later than 60 days after 
March 23, 2018 any manufacturer currently distributing in commerce in 
the United States products employing a technology or characteristic 
that results in the same need for a waiver from the applicable test 
procedure must submit a petition for waiver.
    Manufacturers not currently distributing such products in commerce 
in the United States must petition for and be granted a waiver prior to 
the distribution in commerce of those products in the United States. 
Manufacturers may also submit a request for interim waiver pursuant to 
the requirements of 10 CFR 430.27.

III. Consultations With Other Agencies

    In accordance with 10 CFR 430.27(f)(2), DOE consulted with the 
Federal Trade Commission (``FTC'') staff concerning JCI's petition for 
waiver. The FTC staff did not have any objections to granting the 
waiver to JCI.

IV. Order

    After careful consideration of all the material that was submitted 
by JCI in this matter, DOE grants a waiver regarding the below 
specified basic models. Therefore, in accordance with 10 CFR 430.27, it 
is ordered that:
    (1) JCI must test and rate the CAC and HP basic models listed in 
paragraph (1)(A) that use the variable-speed, oil-injected scroll 
compressors that are listed in paragraph (1)(B) with the alternate test 
procedure set forth in paragraph (2).

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                                                                                            Brand
                                    --------------------------------------------------------------------------------------------------------------------
                                              York                   Coleman                Luxaire            Fraser-Johnston            Champion
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Air Conditioners...................  YXV24B21                AC21B2421               AL21B2421              AL21B2421              AL21B2421
                                     YXV36B21                AC21B3621               AL21B3621              AL21B3621              AL21B3621
                                     YXV48B21                AC2134821               AL21B4821              AL21B4821              AL21B4821
                                     YXV60B21                AC21B6021               AL21B6021              AL21B6021              AL21B6021
Heat Pumps.........................  YZV24B21                HC20B2421               HL20B2421              HL20B2421              HL20B2421
                                     YZV36B21                HC20B3621               HL20B3621              HL20B3621              HL20B3621
                                     YZV48B21                HC20B4821               HL20B4821              HL20B4821              HL20B4821
                                     YZV60B21                HC20B6021               HL20B6021              HL20B6021              HL20B6021
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[[Page 12737]]

    (A) JCI basic models that include all combinations of the following 
outdoor unit models, listed by brand name:
    (B) Variable-speed, oil-injected scroll compressor models that are 
[Redacted] brand products manufactured by [Redacted], listed by model 
number: [Redacted]
    (2) The alternate test procedure for the JCI basic models listed in 
paragraph (1)(A) having one of the compressors listed in paragraph 
(1)(B) is the test procedure for CACs and HPs prescribed by DOE at 10 
CFR part 430, subpart B, appendix M, except that under section 3.1.7 of 
appendix M the break-in period maximum of 20 hours is increased to 72 
hours, reading as follows:

3.1.7 Test Sequence

    Manufacturers may optionally operate the equipment under test 
for a ``break-in'' period, not to exceed 72 hours, prior to 
conducting the test method specified in this section. A manufacturer 
who elects to use this optional compressor break-in period in its 
certification testing should record this information (including the 
duration) in the test data underlying the certified ratings that are 
required to be maintained under 10 CFR 429.71. When testing a ducted 
unit (except if a heating- only heat pump), conduct the A or A2 Test 
first to establish the cooling full-load air volume rate. For ducted 
heat pumps where the heating and cooling full-load air volume rates 
are different, make the first heating mode test one that requires 
the heating full-load air volume rate. For ducted heating-only heat 
pumps, conduct the H1 or H12 Test first to establish the heating 
full-load air volume rate. When conducting a cyclic test, always 
conduct it immediately after the steady-state test that requires the 
same test conditions. For variable-speed systems, the first test 
using the cooling minimum air volume rate should precede the EV 
Test, and the first test using the heating minimum air volume rate 
must precede the H2V Test. The test laboratory makes all other 
decisions on the test sequence.

    (3) Representations. JCI must make representations about the 
efficiency of the basic models identified in paragraph (1) for 
compliance, marketing, or other purposes only to the extent that the 
basic model has been tested in accordance with the provisions set forth 
above and such representations fairly disclose the results of such 
testing in accordance with 10 CFR part 430, subpart B, appendix M and 
10 CFR 429.16.
    (4) This waiver shall remain in effect consistent with the 
provisions of 10 CFR 430.27.
    (5) This waiver is issued on the condition that the statements, 
representations, and documentation provided by JCI are valid. If JCI 
makes any modifications to the controls or configurations of these 
basic models, the waiver would no longer be valid and JCI would either 
be required to use the current Federal test method or submit a new 
application for a test procedure waiver. DOE may revoke or modify this 
waiver at any time if it determines the factual basis underlying the 
petition for waiver is incorrect, or the results from the alternate 
test procedure are unrepresentative of the basic models' true energy 
consumption characteristics. 10 CFR 430.27(k)(1). Likewise, JCI may 
request that DOE rescind or modify the waiver if JCI discovers an error 
in the information provided to DOE as part of its petition, determines 
that the waiver is no longer needed, or for other appropriate reasons. 
10 CFR 430.27(k)(2).
    (6) Granting of this waiver does not release JCI from the 
certification requirements set forth at 10 CFR part 429.

    Signed in Washington, DC, on March 9, 2018.

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Kathleen B. Hogan,

Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy

[FR Doc. 2018-05941 Filed 3-22-18; 8:45 am]
 BILLING CODE 6450-01-P