[Federal Register Volume 83, Number 191 (Tuesday, October 2, 2018)]
[Proposed Rules]
[Pages 49501-49506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21401]


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DEPARTMENT OF ENERGY

10 CFR Part 431

[EERE-2017-BT-TP-0031]


Energy Conservation Program: Test Procedure for Three-Phase 
Commercial Air-Cooled Air Conditioners and Heat Pumps With a Certified 
Cooling Capacity of Less Than 65,000 Btu/h

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

ACTION: Request for information.

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SUMMARY: The U.S. Department of Energy (``DOE'') is initiating a data 
collection process through this request for information (``RFI'') to 
consider whether to amend its test procedure for three-phase commercial 
air-cooled air conditioners and heat pumps with a cooling capacity of 
less than 65,000 British thermal units per hour (``Btu/h''). To inform 
interested parties and to facilitate this process, DOE has gathered 
data, identifying several issues associated with the currently 
applicable test procedures on which DOE is interested in receiving 
comment. The issues outlined in this document mainly concern three-
phase commercial air-cooled air conditioners and heat pumps with a 
cooling capacity of less than 65,000 Btu/h and whether the test 
procedure and certification and compliance provisions for this 
equipment should align with those provisions that apply to single-phase 
central air conditioners and heat pumps with rated cooling capacities 
of less than 65,000 Btu/h; and any additional topics that may inform 
DOE's decisions in a future test procedure rulemaking, including 
methods to reduce regulatory burden while ensuring the procedure's 
accuracy. DOE welcomes written comments from the public on any subject 
within the scope of this document (including topics not raised in this 
RFI).

DATES: Written comments and information are requested and will be 
accepted on or before December 3, 2018.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at http://www.regulations.gov. Follow 
the instructions for submitting comments. Alternatively, interested 
persons may submit comments, identified by docket number EERE-201X-BT-
TP-0031, by any of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. Email: [email protected]. Include EERE-2017-BT-
TP-0031 in the subject line of the message. Submit electronic comments 
in WordPerfect, Microsoft Word, portable document format (PDF), or 
American Standard Code for Information Interchange (ASCII) file format, 
and avoid the use of special characters or any form of encryption.
    3. Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. If possible, 
please submit all items on a compact disc (CD), in which case it is not 
necessary to include printed copies.
    4. Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S.

[[Page 49502]]

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.
    No telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section III of this document.
    Docket: The docket for this activity, 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 at: https://www.regulations.gov/docketBrowser?rpp=25&po=0&D=EERE-2017-BT-TP-0031. The docket web page 
contains simple instructions on how to access all documents, including 
public comments, in the docket. See Section III for further information 
on how to submit comments through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Antonio Bouza, 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) 586-4563. Email: [email protected].
    Mr. Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585. 
Telephone: (202) 586-8145. Email: [email protected].
    For further information on how to submit a comment or review other 
public comments and the docket, contact the Appliance and Equipment 
Standards Program staff at (202) 287-1445 or by email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
    A. Authority and Background
    B. Rulemaking History
II. Request for Information
    A. Scope & Definition
    B. Test Procedure
    1. Industry Standard
    2. Updates to the Federal Test Method
    3. Harmonization
    C. Other Test Procedure Topics
III. Submission of Comments

I. Introduction

    Three-phase commercial air-cooled air conditioners and heat pumps 
with a cooling capacity of less than 65,000 Btu/h are included in the 
list of ``covered equipment'' for which DOE is authorized to establish 
and amend energy conservation standards and test procedures. (42 U.S.C. 
6311(1)(B)) DOE's test procedure for three-phase commercial air-cooled 
air conditioners and heat pumps with a cooling capacity of less than 
65,000 Btu/h is prescribed at 10 CFR 431.96. The following sections 
discuss DOE's authority to establish and amend the test procedure for 
three-phase commercial air-cooled air conditioners and heat pumps with 
a cooling capacity of less than 65,000 Btu/h, as well as relevant 
background information regarding DOE's consideration of test procedures 
for this equipment.

A. Authority and Background

    The Energy Policy and Conservation Act of 1975 (``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 C 
\2\ of EPCA, added by Public Law 95-619, Title IV, Sec.  441(a), 
established the Energy Conservation Program for Certain Industrial 
Equipment, which sets forth a variety of provisions designed to improve 
energy efficiency. This equipment includes small commercial package air 
conditioning and heating equipment--which includes three-phase 
commercial air-cooled air conditioners and heat pumps with a cooling 
capacity of less than 65,000 Btu/h, the subject of this RFI. (42 U.S.C. 
6311(1)(B); 42 U.S.C. 6311(8)(B))
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Efficiency Improvement Act of 2015 
(EEIA 2015), Public Law 114-11 (April 30, 2015).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1.
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    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. Relevant 
provisions of the Act include definitions (42 U.S.C. 6311), energy 
efficiency standards (42 U.S.C. 6313), test procedures (42 U.S.C. 
6314), labeling provisions (42 U.S.C. 6315), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6316).
    Federal energy efficiency requirements for covered equipment 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6316(a) and (b); 42 U.S.C. 6297) DOE may, however, grant a 
Federal preemption waiver to a State for a standard prescribed or 
established under 42 U.S.C. 6313(a)--which details DOE's authority for 
setting standards applying to commercial package air conditioning and 
heating equipment--in accordance with specific criteria. See 42 U.S.C. 
6316(b)(2)(D).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered equipment must use as the basis for: (1) 
Certifying to DOE that their equipment complies with the applicable 
energy conservation standards adopted pursuant to EPCA (42 U.S.C. 
6316(b); 42 U.S.C. 6296), and (2) making representations about the 
efficiency of that equipment (42 U.S.C. 6314(d)). Similarly, DOE must 
use these test procedures to determine whether the equipment complies 
with relevant standards promulgated under EPCA.
    Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures 
DOE follows when prescribing or amending test procedures for covered 
equipment. EPCA requires that any test procedures prescribed or amended 
under this section must (1) be reasonably designed to produce test 
results which reflect the energy efficiency, energy use or estimated 
annual operating cost of a covered equipment during a representative 
average use cycle or period of use and (2) not be unduly burdensome to 
conduct. (42 U.S.C. 6314(a)(2)).
    As a category of commercial package air conditioning and heating 
equipment, EPCA requires that the test procedures for this equipment--
including three-phase systems with capacities of less than 65,000 Btu/
h--be those generally accepted industry testing procedures or rating 
procedures developed or recognized by the Air-Conditioning, Heating, 
and Refrigeration Institute (``AHRI'') or by the American Society of 
Heating, Refrigerating and Air-Conditioning Engineers (``ASHRAE''), as 
referenced in ASHRAE Standard 90.1, ``Energy Standard for Buildings 
Except Low-Rise Residential Buildings'' (``ASHRAE Standard 90.1''). (42 
U.S.C. 6314(a)(4)(A)) Further, if such an industry test procedure is 
amended, DOE must amend its test procedure to be consistent with the 
amended industry test procedure, unless DOE determines, by rule 
published in the Federal Register and supported by clear

[[Page 49503]]

and convincing evidence, that such amended test procedure would not 
meet the requirements in 42 U.S.C. 6314(a)(2) and (3) related to 
representative use and test burden. (42 U.S.C. 6314(a)(4)(B))
    In addition, if DOE determines that a test procedure amendment is 
appropriate, it must publish proposed test procedures and offer the 
public an opportunity to present oral and written comments on them. (42 
U.S.C. 6314(b))
    EPCA also requires that, at least once every 7 years, DOE evaluate 
test procedures for each type of covered equipment, including those at 
issue here, to determine whether an amended test procedure would more 
accurately or fully comply with the requirements that the procedure not 
be unduly burdensome to conduct and be reasonably designed to produce 
test results that reflect energy efficiency, energy use, and estimated 
operating costs during a representative average use cycle. (42 U.S.C. 
6314(a)(1)) In addition, if DOE determines that a test procedure 
amendment is warranted, it must publish proposed test procedures and 
offer the public an opportunity to present oral and written comments on 
them. (42 U.S.C. 6314(b)) If DOE determines that test procedure 
revisions are not appropriate, DOE must publish its determination not 
to amend the test procedures. (42 U.S.C. 6314(a)(1)(A)(ii))
    DOE is publishing this RFI to collect data and information to 
inform its decision consistent with its obligations under EPCA.

B. Rulemaking History

    DOE's test procedure for three-phase commercial air-cooled air 
conditioners and heat pumps with a cooling capacity of less than 65,000 
Btu/h is codified at 10 CFR 431.96. The test procedure was last amended 
on May 16, 2012, to incorporate by reference ANSI/AHRI Standard 210/
240-2008, ``2008 Standard for Performance Rating of Unitary Air-
Conditioning & Air-Source Heat Pump Equipment,'' approved by ANSI on 
October 27, 2011, and updated by addendum 1 in June 2011 and addendum 2 
in March 2012 (``AHRI 210/240-2008''). 77 FR 28928 (May 16, 2012). The 
May 2012 final rule also established additional testing requirements at 
10 CFR 431.96(c) and (e), applicable to measuring seasonal energy 
efficiency ratio (``SEER'') and heating seasonal performance factor 
(``HSPF'') for this equipment. Id. ASHRAE Standard 90.1 was updated on 
October 26, 2016,\3\ but did not revise the test procedures for three-
phase commercial air-cooled air conditioners and heat pumps with a 
cooling capacity of less than 65,000 Btu/h. In late 2017, AHRI 
published an updated version of its standard, AHRI 210/240-2017. As 
outlined further in this document, that updated standard made a number 
of changes that are of relevance to DOE's current procedure.
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    \3\ There is no publication date printed on ASHRAE Standard 
90.1-2016, but ASHRAE issued a press release on October 26, 2016, 
which can be found at https://www.ashrae.org/news/2016/ashraeies-publish-2016-energy-efficiency-standard.
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II. Request for Information

    In the following sections, DOE has identified a variety of issues 
on which it seeks input to aid in the development of the technical and 
economic analyses regarding whether to amend the test procedures for 
three-phase commercial air-cooled air conditioners and heat pumps with 
a cooling capacity of less than 65,000 Btu/h. Specifically, DOE is 
requesting comment on opportunities to streamline and simplify the 
testing requirements for this equipment.
    Additionally, DOE welcomes comments on other issues relevant to the 
conduct of this process that may not specifically be identified in this 
document. In particular, DOE notes that under Executive Order 13771, 
``Reducing Regulation and Controlling Regulatory Costs,'' Executive 
Branch agencies such as DOE are directed to manage the costs associated 
with the imposition of expenditures required to comply with Federal 
regulations. See 82 FR 9339 (Feb. 3, 2017). Consistent with that 
Executive Order, DOE encourages the public to provide input on measures 
DOE could take to lower the cost of its regulations applicable to the 
equipment at issue in a manner consistent with the requirements of 
EPCA.

A. Scope and Definition

    Three-phase commercial air-cooled air conditioners and heat pumps 
with a cooling capacity of less than 65,000 Btu/h are a category of 
small commercial package air conditioning and heating equipment. 
Commercial package air-conditioning and heating equipment may be air-
cooled, water-cooled, evaporatively-cooled, or water sourced (not 
including ground water source), and are electrically-operated, unitary 
central air conditioners or central air-conditioning heat pumps that 
are used for commercial applications. 10 CFR 431.92.
    Three-phase commercial air-cooled air conditioners and heat pumps 
with a cooling capacity of less than 65,000 Btu/h are further 
disaggregated into four equipment classes: Three-phase air-cooled 
single-package air conditioners, three-phase air-cooled single-package 
heat pumps, three-phase air-cooled split-system air conditioners, and 
three-phase air-cooled split-system heat pumps. This RFI seeks comment 
on the test procedure applicable to all four equipment classes.

B. Test Procedure

1. Industry Standard
    As noted, the current DOE test procedure at 10 CFR 431.96 for 
three-phase commercial air-cooled air conditioners and heat pumps with 
a cooling capacity of less than 65,000 Btu/h incorporates by reference 
AHRI 210/240-2008 (except section 6.5), which is also referenced in the 
current version of ASHRAE Standard 90.1 (i.e., ``ASHRAE 90.1-2016''). 
AHRI 210/240-2008 includes as normative appendix C the entirety of 10 
CFR part 430, subpart B, appendix M (``Appendix M'') as amended by a 
final rule published on October 22, 2007. (72 FR 59906) Appendix M 
provides the test procedure for determining the efficiency of single-
phase central air conditioners and heat pumps with rated cooling 
capacities of less than 65,000 Btu/h, a consumer product covered under 
10 CFR part 430.
    In late 2017, AHRI updated the incorporated industry standard, 
releasing AHRI 210/240-2017. Many of the revisions in the update 
attempted to harmonize AHRI 210/240-2017 with the updated federal test 
method for single-phase central air conditioners and heat pumps with 
rated cooling capacities of less than 65,000 Btu/h. AHRI 210/240-2017 
no longer includes any version of Appendix M as a normative appendix, 
but has integrated requirements consistent with Appendix M throughout 
the standard.\4\ AHRI 210/240-2017 also includes additional updates 
beyond integrating the revised Appendix M. DOE understands that these 
changes, if adopted, would not conflict with Appendix M and would be 
highly unlikely to impact the measured efficiency of the subject 
equipment during a representative average use cycle as compared to 
conducting a test relying on the provisions already contained in 
Appendix M.\5\
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    \4\ The inclusion of Appendix M as a normative appendix 
indicated that Appendix M was required to be followed when testing 
in accordance with AHRI 210/240-2008. As a result, AHRI's direct 
integration of Appendix M's provisions into AHRI 210/240-2017 
achieves the same objective without the need for the previous 
normative appendix.
    \5\ For example, AHRI 210/240-2017 has stricter requirements for 
heat balance than does Appendix M, which also would be acceptable 
under Appendix M (i.e., they are not less strict requirements).

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[[Page 49504]]

2. Updates to the Federal Test Method
    On June 8, 2016, subsequent to the incorporation of Appendix M into 
AHRI 210/240-2008, DOE published a test procedure final rule that 
amended Appendix M. 81 FR 36992 (``June 2016 final rule'').\6\ DOE 
further amended Appendix M in a final rule published on January 5, 
2017, to improve test repeatability, reduce testing burden, and improve 
the accuracy of field representativeness of the testing values without 
impacting the measured energy consumption. 82 FR 1426 (``January 2017 
final rule''). The January 2017 final rule also established Appendix 
M1, which specifies new efficiency metrics SEER2, EER2, and HSPF2 that, 
while based on the efficiency metrics in Appendix M for cooling and 
heating performance, generally have different numerical values than the 
metrics used in Appendix M. 10 CFR part 430, subpart B, appendix M1 
(``Appendix M1''). These new metrics were developed to avoid confusion 
with the metrics that are currently in use under Appendix M. See 82 FR 
1437 (explaining DOE's decision to adopt new metrics SEER2, EER2, and 
HSPF2). Beginning on January 1, 2023, efficiency representations for 
single-phase central air conditioners and heat pumps with rated cooling 
capacities of less than 65,000 Btu/h must be based on the test 
procedure in Appendix M1. Both Appendix M and Appendix M1 reference 
AHRI 210/240-2008, sections 6.1.3.2, 6.1.3.4, 6.1.3.5 and figures D1, 
D2, D4, along with sections of AHRI 1230-2010, ASHRAE 23.1-2010, ASHRAE 
37-2009, ASHRAE 41.1-2013, ASHRAE 41.2-1987 (RA 1992), ASHRAE 41.6-
2014, ASHRAE 41.9-2011, ASHRAE 116-2010, and AMCA 210-2007.
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    \6\ A correction was issued on August 18, 2016, correcting a 
number of editorial errors. 81 FR 55111.
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    Additionally, both the June 2016 and the January 2017 final rules 
adopted amendments related to the certification, compliance, and 
enforcement of single-phase central air conditioners and heat pumps 
with rated cooling capacities of less than 65,000 Btu/h, codified in 10 
CFR part 429. The amendments included revisions to the basic model 
definition, clarifying definitions, revisions to the testing and other 
requirements for determining represented values, additional 
certification reporting requirements, and additional product-specific 
enforcement provisions.
3. Harmonization
    DOE understands that the equipment at issue are often nearly 
identical to single-phase central air conditioners and heat pumps with 
rated cooling capacities of less than 65,000 Btu/h. Specifically, DOE 
understands that three-phase equipment models generally are 
manufactured on the same production lines and are physically identical 
to their corresponding single-phase central air conditioner and heat 
pump models--with the exception generally being that the former have 
three-phase electrical systems--and use components--primarily 
compressors--that are designed for three-phase power input. Other key 
operational components, such as heat exchangers and fans, are typically 
identical for three-phase and single-phase designs of a given model 
family. In addition, DOE found that most manufacturers' model numbers 
for single-phase products and three-phase equipment are interchangeable 
and that there is consistency in energy efficiency ratings between 
them, i.e., three-phase and single-phase models of the same unit have 
the same efficiency. See, e.g., 80 FR 42614, 42622 (July 17, 2015).
    In light of these facts, DOE is considering whether to harmonize 
the test procedures for three-phase commercial air-cooled air 
conditioners and heat pumps with capacities of less than 65,000 Btu/h 
with those used to test single-phase central air conditioners and heat 
pumps with capacities of less than 65,000 Btu/h.\7\ Having the same 
test procedure for essentially identical equipment may reduce 
manufacturer burden as compared to having to follow two separate test 
procedures. Furthermore, reliance on the current version of Appendix M 
(or Appendix M1 \8\), as opposed to the prior version referenced in 
AHRI 210/240-2008, would capture the amendments DOE has made to improve 
test repeatability and reduce burden, which may lead to improved 
manufacturer and consumer confidence in ratings. Additionally, 
harmonization of the test procedures would provide for more comparable 
information between the three-phase equipment and the single-phase 
products. Commercial customers considering either single-phase or 
three-phase equipment would have ratings for both that are based on 
identical testing requirements when evaluating product options. For 
these reasons, DOE is weighing whether to modify its procedure for the 
equipment at issue by referencing the most recently updated version of 
the test procedure applicable to single-phase central air conditioners 
(i.e., Appendix M or Appendix M1), as opposed to AHRI 210/240. DOE is 
also considering referencing the updated AHRI 210/240-2017, which 
reflects the latest amendments made in the updated version of Appendix 
M. DOE seeks comment on the merits of adopting AHRI 210/240-2017 as 
compared to adopting the updated version of Appendix M.
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    \7\ The current standards in effect for the three-phase systems 
and the single-phase systems are presently harmonized. (See Tables 3 
and 4 to 10 CFR 431.97 and 10 CFR 430.32(c)(1).)
    \8\ Beginning January 1, 2023, manufacturers will be required to 
test and certify single-phase central air conditioner and heat pumps 
to the test procedure in Appendix M1. The changes in Appendix M1 
likely will impact the measured energy efficiency of tested units, 
and such impacts are reflected in the amended energy conservation 
standards that apply to these products beginning January 1, 2023. 82 
FR 1786 (January 6, 2017).
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    DOE seeks comment on a number of key issues related to whether, and 
if so how, it should amend its test procedures for three-phase 
commercial air-cooled air conditioners and heat pumps.
    (1) DOE requests comment on whether it should align its test 
procedure for three-phase commercial air-cooled air conditioners and 
heat pumps with cooling capacities of less than 65,000 Btu/h with the 
test procedure for single-phase air-cooled air conditioners and heat 
pumps with cooling capacities of less than 65,000 Btu/h. DOE requests 
comments and information on the merits of referencing the current 
version of Appendix M of 10 CFR part 430, subpart B, or some portion 
thereof, for the three-phase systems at issue versus the merits of 
referencing the updated AHRI 210/240-2017, which reflects the updated 
Appendix M. DOE requests information on the extent that either such 
amendment would impact a manufacturer's test burden as well as the 
relative merits of each approach.
    As noted, beginning January 1, 2023, single-phase air-cooled air 
conditioners and heat pumps must be tested according to Appendix M1. 
DOE recognizes that testing of three-phase commercial air-cooled air 
conditioners and heat pumps with a cooling capacity of less than 65,000 
Btu/h under Appendix M1 may impact the measured energy efficiency of 
the tested units. AHRI 210/240-2017 does not contain updates to account 
for the more recent changes contained in Appendix M1; DOE understands 
that AHRI intends to address Appendix M1 in a separate revision at a 
later date. DOE requests comment on the appropriateness of testing 
three-phase commercial air-cooled air conditioners and heat pumps 
according to Appendix M1, or some part

[[Page 49505]]

thereof. DOE requests any information and data on testing manufacturers 
may have performed with three-phase systems using the procedure in 
Appendix M1. DOE requests comment and information on the impact to a 
manufacturer's test burden that would be expected if the equipment at 
issue were subject to testing under Appendix M1.
    (2) DOE also requests comment on whether the general structure and 
language related to its certification, compliance, and enforcement 
requirements for three-phase systems in 10 CFR part 429 should mirror 
the structure, language, and certification, compliance, and enforcement 
requirements for single-phase systems already found in 10 CFR part 429. 
DOE notes that AHRI 210/240-2017 includes many updates to mirror these 
requirements, regardless of the phase of the equipment. If DOE were to 
adopt such an approach, what would be the advantages and disadvantages 
in doing so? DOE is also particularly interested in information on the 
extent that such an amendment would impact a manufacturer's 
certification and reporting test burden.

C. Other Test Procedure Topics

    In addition to the issues identified earlier in this document, DOE 
welcomes comment on any other aspect of the existing test procedures 
for three-phase commercial air-cooled air conditioners and heat pumps 
with cooling capacity of less than 65,000 Btu/h not already addressed 
by the specific areas identified in this document. DOE particularly 
seeks information that would improve the repeatability, 
reproducibility, and consumer representativeness of the test 
procedures. DOE also requests information that would help DOE create a 
procedure that would limit manufacturer test burden through 
streamlining or simplifying testing requirements. Comments regarding 
the repeatability and reproducibility are also welcome.
    DOE also requests feedback on any potential amendments to the 
existing test procedure that could be considered to address impacts on 
manufacturers, including small businesses. Regarding the Federal test 
method, DOE seeks comment on the degree to which the DOE test procedure 
should consider and be harmonized with the most recent relevant 
industry standards for three-phase commercial air-cooled air 
conditioners and heat pumps with a cooling capacity of less than 65,000 
Btu/h and whether there are any changes to the DOE test method that 
would provide additional benefits to the public. DOE also requests 
comment on the benefits and burdens of adopting any industry/voluntary 
consensus-based or other appropriate test procedure, without 
modification. As discussed, the current test procedure for three-phase 
commercial air-cooled air conditioners and heat pumps with cooling 
capacity of less than 65,000 Btu/h references AHRI 210/240-2008, and 
also establishes additional specifications necessary to address an 
optional break-in period and set-up of the units to be tested. 10 CFR 
431.96(c) and (e). AHRI 210/240-2008 incorporates a version of the DOE 
test procedure for single-phase air-cooled air conditioners and heat-
pumps that has since become outdated. The updated version of the 
industry standard, AHRI 210/240-2017, has been revised to reflect 
subsequent amendments to that DOE test procedure that were made to 
improve the repeatability and reproducibility of the test procedure, as 
well as to provide clarifying revisions.
    Additionally, DOE requests comment on whether the existing test 
procedures limit a manufacturer's ability to provide additional 
features to commercial consumers on three-phase commercial air-cooled 
air conditioners and heat pumps with a cooling capacity of less than 
65,000 Btu/h. DOE particularly seeks information on how the test 
procedures could be amended to reduce the cost of new or additional 
features and make it more likely that such features are included on 
three-phase commercial air-cooled air conditioners and heat pumps with 
a cooling capacity of less than 65,000 Btu/h.
    Finally, DOE requests comment on whether there are models currently 
on the market that have unique characteristics preventing them from 
being tested by the current DOE test procedure or for which the test 
procedure is unrepresentative. If so, DOE requests information on 
modifications that could be made to the test procedure to accommodate 
such models.

III. Submission of Comments

    DOE invites all interested parties to submit in writing by December 
3, 2018, comments and information on matters addressed in this notice 
and on other matters relevant to DOE's consideration of whether and how 
to amend the test procedure for three-phase commercial air-cooled air 
conditioners and heat pumps with cooling capacity of less than 65,000 
Btu/h. These comments and information will aid in the development of a 
test procedure notice of proposed rulemaking for three-phase commercial 
air-cooled air conditioners and heat pumps with cooling capacity of 
less than 65,000 Btu/h if DOE determines that amended test procedures 
may be appropriate for this equipment.
    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

[[Page 49506]]

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, 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).
    DOE considers public participation to be a very important part of 
the process for developing test procedures and energy conservation 
standards. DOE actively encourages the participation and interaction of 
the public during the comment period in each stage of this process. 
Interactions with and between members of the public provide a balanced 
discussion of the issues and assist DOE in the process. Anyone who 
wishes to be added to the DOE mailing list to receive future notices 
and information about this process should contact Appliance and 
Equipment Standards Program staff at (202) 287-1445 or via email at 
[email protected].

    Signed in Washington, DC, on September 26, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency Energy Efficiency and 
Renewable Energy.
[FR Doc. 2018-21401 Filed 10-1-18; 8:45 am]
 BILLING CODE 6450-01-P