[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Notices]
[Pages 24754-24762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11542]


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DEPARTMENT OF ENERGY

[Case No. 2017-008]


Notice of Petition for Waiver of National Comfort Products, Inc. 
(NCP) From the Department of Energy Central Air Conditioners and Heat 
Pumps Test Procedure, and Notice of Grant of Interim Waiver

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

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

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SUMMARY: This notice announces receipt of and publishes a petition for 
waiver from NCP seeking an exemption from the U.S. Department of Energy 
(DOE) test procedure for determining the efficiency of central air 
conditioners and heat pumps. NCP seeks to use an alternate test 
procedure to address issues involved in testing certain basic models 
identified in its petition. According to NCP, the basic models of space 
constrained central air conditioner and heat pump units listed in its 
petition are designed and intended to be sold exclusively with NCP's 
NCPAH-A series or other blower-coil indoor units with electronically 
commutated (``ECM'') motors. These efficient blower-coil indoor units 
operate at much lower wattage than the default required by the DOE test 
procedure. As such, the current DOE test procedure does not result in 
representative ratings for these basic models. NCP seeks to use an 
alternate test procedure to test and rate their basic models paired 
only with air handler indoor units (i.e., blower coil indoor units). 
This notice also announces that DOE grants NCP an interim waiver from 
the DOE central air conditioners and heat pumps test procedure for its 
specified basic models, subject to use of the alternative test 
procedure as set forth in the Order. DOE solicits comments, data, and 
information concerning NCP's petition and its suggested alternate test 
procedure.

DATES: DOE will accept comments, data, and information with respect to 
the NCP Petition until June 29, 2018.

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ADDRESSES: You may submit comments, identified by case number ``2017-
008'' and Docket number ``EERE-2017-BT-WAV-0030,'' by any of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include the case number 
[Case No. 2017-008] in the subject line of the message. Submit 
electronic comments in WordPerfect, Microsoft Word, PDF, or ASCII file 
format, and avoid the use of special characters or any form of 
encryption.
     Postal Mail: Ms. Lucy deButts, U.S. Department of Energy, 
Building Technologies Office, Mailstop EE-5B, Petition for Waiver Case 
No. 2017-008, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 287-1604. If possible, please submit all items on a 
compact disc (CD), in which case it is not necessary to include printed 
copies.
     Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202) 
287-1445. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at http://www.regulations.gov. All documents in the docket are 
listed in the http://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.
    The docket web page can be found https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0030. The docket web page will contain simple 
instruction on how to access all documents, including public comments, 
in the docket.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Lucy deButts, U.S. Department of Energy, Building Technologies 
Program, Mail Stop EE-2J, Forrestal Building, 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:

I. Background and Authority

    Title III, Part B \1\ of the Energy Policy and Conservation Act of 
1975 (EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified) 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, which includes central air conditioners and heat 
pumps.\2\ Part B includes definitions, test procedures, labeling 
provisions, energy conservation standards, and the authority to require 
information and reports from manufacturers. Further, Part B requires 
the Secretary of Energy to prescribe test procedures that are 
reasonably designed to produce results that measure energy efficiency, 
energy use, or estimated operating costs during a representative 
average-use cycle, and that are not unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3)) The test procedure for central air conditioners and 
heat pumps is contained in 10 CFR part 430, subpart B, appendix M 
(referred to in this notice as ``appendix M'').
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the Energy Efficiency Improvement Act of 2015 
(EEIA), Public Law 114-11 (April 30, 2015).
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    DOE's regulations set forth at 10 CFR 430.27 contain provisions 
that allow a person to seek a waiver from the test procedure 
requirements for a particular basic model of a covered product when the 
petitioner's basic model for which the petition for waiver was 
submitted contains one or more design characteristics that either (1) 
prevent testing according to the prescribed test procedure, or (2) 
cause the prescribed test procedures to evaluate the basic model in a 
manner so unrepresentative of its true energy consumption 
characteristics as to provide materially inaccurate comparative data. 
10 CFR 430.27(a)(1). A petitioner must include in its petition any 
alternate test procedures known to the petitioner to evaluate the basic 
model in a manner representative of its energy consumption. 10 CFR 
430.27(b)(1)(iii).
    DOE may grant a waiver subject to conditions, including adherence 
to alternate test procedures. 10 CFR 430.27(f)(2). As soon as 
practicable after the granting of any waiver, DOE will publish in the 
Federal Register a notice of proposed rulemaking to amend its 
regulations so as to eliminate any need for the continuation of such 
waiver. As soon thereafter as practicable, DOE will publish in the 
Federal Register a final rule. 10 CFR 430.27(l).
    The waiver process also allows DOE to grant an interim waiver if it 
appears likely that the petition for waiver will be granted and/or if 
DOE determines that it would be desirable for public policy reasons to 
grant immediate relief pending a determination on the petition for 
waiver. 10 CFR 430.27(e)(2). Within one year of issuance of an interim 
waiver, DOE will either: (i) Publish in the Federal Register a 
determination on the petition for waiver; or (ii) publish in the 
Federal Register a new or amended test procedure that addresses the 
issues presented in the waiver. 10 CFR 430.27(h)(1). When DOE amends 
the test procedure to address the issues presented in a waiver, the 
waiver will automatically terminate on the date on which use of that 
test procedure is required to demonstrate compliance. 10 CFR 
430.27(h)(2).

II. NCP's Petition for Waiver of Test Procedure and Application for 
Interim Waiver

    On March 20, 2017, NCP filed a petition for waiver and an 
application for interim waiver from the CAC and HP test procedure set 
forth in 10 CFR part 430, subpart B, appendix M. According to NCP, 
basic models of space constrained central air conditioner and heat pump 
outdoor units listed in its petition \3\ are designed and intended to 
be sold with NCP's NCPAH-A series or other blower-coil indoor units 
with electronically commutated (``ECM'') motors. These efficient 
blower-coil indoor units operate at much lower wattage than the default 
required by the DOE test procedure. As such, the current DOE test 
procedure does not result in a representative rating for these basic 
models. NCP seeks to use an alternate test procedure to test and rate 
using their space constrained central air conditioner and heat pump 
basic models paired only with blower-coil indoor units.
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    \3\ The specific basic models for which the petition applies are 
central air conditioner basic models NCPE-418-1010, NCPE-418-3010, 
NCPE-418-4010, NCPE-418-5010, NCPE-424-1010, NCPE-424-3010, NCPE-
424-4010, NCPE-424-5010, NCPE-430-1010, NCPE-430-3010, NCPE-430-
4010, NCPE-430-5010. These basic model names were provided by NCP in 
its March 2017 petition.
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    NCP also requests an interim waiver from the existing DOE test 
procedure. An interim waiver may be granted if it appears likely that 
the petition for waiver will be granted, and/or if DOE determines that 
it would be desirable for public policy reasons to grant immediate 
relief pending a determination of the petition for waiver. See 10 CFR 
430.27(e)(2).

[[Page 24756]]

III. Requested Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures to make 
representations about the energy consumption and energy consumption 
costs of products covered by the statute. (42 U.S.C. 6293(c)) 
Consistent representations are important for manufacturers to use in 
making representations about the energy efficiency of their products 
and to demonstrate compliance with applicable DOE energy conservation 
standards. Pursuant to its regulations applicable to waivers and 
interim waivers from applicable test procedures at 10 CFR 430.27, and 
after consideration of public comments on the petition, DOE will 
consider setting an alternate test procedure for the equipment 
identified by NCP in a subsequent Decision and Order.
    As an alternate test procedure, NCP proposes that the basic models 
listed in the petition be tested according to the test procedure for 
central air conditioners and heat pumps prescribed by DOE at 10 CFR 
part 430, subpart B, appendix M, as applicable, except for the 
requirement under 10 CFR 429.16 that represented values for each model 
of outdoor unit be determined based on testing with a model of a coil-
only indoor unit that is the least efficient indoor unit distributed in 
commerce with that particular outdoor unit. Instead, NCP requests that 
the specified basic models be tested and representations be determined 
by pairing the models only with blower-coil indoor units.

IV. Summary of Grant of an Interim Waiver

    On May 30, 2017, NCP submitted supplemental materials to their 
original petition consisting of public-facing materials (e.g., 
marketing materials, product specification sheets, and installation 
manuals) that include language consistent with their assertion that the 
basic models listed in its petition are distributed to be installed 
exclusively with blower-coil indoor units that incorporate high-
efficiency fan motors.
    In addition to the material submitted by NCP, DOE conducted a 
review of NCP's other public-facing materials including websites, 
marketing materials, product spec sheets, labels, installation manuals, 
other consumer facing disclosures, etc. to confirm that these materials 
support NCP's assertions set forth in the petition about how they 
distribute the specified basic models in commerce. The public-facing 
materials that DOE found state that these basic models are compatible 
with NCP air handlers or certain other air handlers with ECM motors 
(combinations that are rated in the DOE Compliance Certification 
Management System (CCMS) database) and that any combinations not rated 
in the DOE CCMS database will require factory testing and listing with 
DOE. DOE's review also indicates that NCP does not market the basic 
models for sale with indoor units that do not have electronically 
commutated fan motors. All materials reviewed by DOE can be found in 
the docket. DOE understands from NCP's petition that, absent an interim 
waiver, NCP's specified models cannot be tested and rated for energy 
consumption on a basis representative of their true energy consumption 
characteristics. DOE has reviewed the alternate test procedure 
suggested by NCP and concludes that it will allow for the accurate 
measurement of the efficiency of these specified models, while 
alleviating the testing problems associated with NCP's implementation 
of CAC and HP testing. DOE has determined that NCP's petition for 
waiver will likely be granted and that it is desirable for public 
policy reasons to grant NCP immediate relief pending a determination on 
the petition for waiver.
    For the reasons stated above, DOE has granted NCP's application for 
interim waiver for its specified basic models of space constrained 
central air conditioners and heat pumps. The substance of DOE's Interim 
Waiver Order is summarized below.
    Therefore, DOE has issued an Order, stating:
    (1) NCP must test and rate the CAC and HP basic models listed in 
paragraph (A) with the alternate test procedure set forth in paragraph 
(2).
    (A) NCPE-418-1010, NCPE-418-3010, NCPE-418-4010, NCPE-418-5010, 
NCPE-424-1010, NCPE-424-3010, NCPE-424-4010, NCPE-424-5010, NCPE-430-
1010, NCPE-430-3010, NCPE-430-4010, NCPE-430-5010.
    (2) The applicable method of test for the NCP basic models listed 
in subparagraph (1)(A) is the test procedure for CAC and HP prescribed 
by DOE at 10 CFR part 430, subpart B, appendix M, except the 
determination of represented value requirements and units required for 
test per 10 CFR 429.16(a)(1), (b)(2) and (b)(2)(i) shall be as detailed 
below. All other requirements of 10 CFR part 429.16 remain applicable.
    In 429.16(a), Determination of Represented Value:
    (1) Required represented values for single-split system space-
constrained AC with single-stage or two-stage compressor. Determine the 
represented values (including SEER, EER, HSPF, SEER2, EER2, HSPF2, 
PW,OFF, cooling capacity, and heating capacity, as applicable) for the 
individual models/combinations (or ``tested combinations'') specified 
in the following table.

------------------------------------------------------------------------
                                    Equipment       Required represented
           Category                subcategory             values
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Outdoor Unit and Indoor Unit    Single-Split       Every individual
 (Distributed in Commerce by     System Space-      combination
 OUM).                           Constrained AC     distributed in
                                 with Single-       commerce, including
                                 Stage or Two-      all coil-only and
                                 Stage Compressor.  blower coil
                                                    combinations. For
                                                    each model of
                                                    outdoor unit, this
                                                    must include the
                                                    least efficient
                                                    combination
                                                    distributed in
                                                    commerce with the
                                                    particular model of
                                                    outdoor unit.
------------------------------------------------------------------------

    In 429.16(b), Units tested:
    (2) Individual model/combination selection for testing of single-
split system space-constrained AC with single-stage or two-stage 
compressor. (i) The table identifies the minimum testing requirements 
for each basic model that includes multiple individual models/
combinations; if a basic model spans multiple categories or 
subcategories listed in the table, multiple testing requirements apply. 
For each basic model that includes only one individual model/
combination, test that individual model/combination.

[[Page 24757]]



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              Category                  Equipment subcategory           Must test:                 With:
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Outdoor Unit and Indoor Unit         Single-Split System Space-   The model of outdoor    A model of indoor
 (Distributed in Commerce by an       Constrained AC with a        unit.                   unit.
 OUM).                                Single-Stage or Two-Stage
                                      Compressor.
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    (3) Representations. NCP is permitted to make representations about 
the efficiency of basic models that meet the requirements of 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 429.16 and 10 CFR part 430, 
subpart B, appendix M.
    (4) This interim waiver shall remain in effect consistent with the 
provisions of 10 CFR 430.27(h) and (k).
    (5) This interim waiver is issued to NCP on the condition that: (1) 
The statements, representations, test data, and documentary materials 
provided by the petitioner are valid, (2) NCP continues to distribute 
the specified basic models for exclusive installation with air-handler 
units that include electronically commutated motors, (3) All public-
facing materials, including websites, marketing materials, product spec 
sheets, labels, nameplates, etc., make no representations that these 
basic models be installed in any other way; and (4) All public-facing 
materials state ``Please consult the DOE CCMS data base [link to DOE 
CCMS database] for a list of rated combinations of indoor and outdoor 
units. Combinations of outdoor and indoor units that are not rated will 
require factory testing and listing with DOE. Please consult the 
factory.'' DOE may revoke or modify this waiver at any time if it 
determines the factual basis underlying the petition for waiver is 
incorrect, the above listed conditions are not met, or the results from 
the alternate test procedure are unrepresentative of the basic model's 
true energy consumption characteristics.
    (6) Granting of this interim waiver does not release NCP from the 
certification requirements set forth at 10 CFR part 429, other than 
those explicitly stated in paragraph (2).
    DOE makes decisions on waivers and interim waivers for only those 
models specifically set out in the petition, not future models that may 
be manufactured by the petitioner. NCP may submit a new or amended 
petition for waiver and request for grant of interim waiver, as 
appropriate, for additional models of central air conditioners and heat 
pumps. Alternatively, if appropriate, NCP may request that this interim 
waiver (or subsequent waiver, if applicable) be extended to additional 
basic models employing the same technology as basic models specifically 
set out in this petition (see 10 CFR 430.27(g)).

IV. Summary and Request for Comments

    Through this notice, DOE announces receipt of NCP's petition for 
waiver from the DOE test procedure for certain basic models and 
announces DOE's decision to grant NCP an interim waiver from the test 
procedure for the basic models listed in NCP's petition. DOE is 
publishing NCP's petition for waiver in its entirety, pursuant to 10 
CFR 430.27(b)(1)(iv). The petition contains no confidential 
information. The petition includes a suggested alternate test 
procedure, as specified in section III of this notice, to determine the 
energy consumption of NCP's specified space constrained central air 
conditioner and heat pump basic models. DOE may consider including the 
alternate procedure specified in the Order in a subsequent Decision and 
Order.
    DOE invites all interested parties to submit in writing by June 29, 
2018, comments and information on all aspects of the petition, 
including the suggested alternate test procedure and calculation and 
rating methodology. DOE also seeks comment and data on NCP's assertion 
that it exclusively distributes the space constrained air conditioner 
and heat pump basic models as blower-coil installations. Pursuant to 10 
CFR 430.27(d), any person submitting written comments to DOE must also 
send a copy of such comments to the petitioner. The contact information 
for the petitioner is Jean-Cyril Walker, Keller and Heckman LLP, 1001 G 
Street NW, Suite 500 West, Washington, DC 20001.
    Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to http://www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (CBI)). Comments submitted through 
http://www.regulations.gov cannot be claimed as CBI. Comments received 
through the website will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through http://www.regulations.gov 
before posting. Normally, comments will be posted within a few days of 
being submitted. However, if large volumes of comments are being 
processed simultaneously, your comment may not be viewable for up to 
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to http://www.regulations.gov. If you do not want your personal 
contact information to be publicly viewable, do not include it in your 
comment or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents,

[[Page 24758]]

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

    Signed in Washington, DC, on May 17, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
BILLING CODE 6450-01-P

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[FR Doc. 2018-11542 Filed 5-29-18; 8:45 am]
 BILLING CODE 6450-01-C