[Federal Register Volume 85, Number 215 (Thursday, November 5, 2020)]
[Proposed Rules]
[Pages 70508-70512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23817]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2020-BT-TP-0029]
RIN 1904-AF03


Energy Conservation Program: Test Procedures for Consumer 
Products; Early Assessment Review: Portable Air Conditioners

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 undertaking an 
early assessment review to determine whether to proceed with a 
rulemaking to amend the test procedure for portable air conditioners 
(``AC''). Specifically, through this request for information (``RFI''), 
DOE seeks data and information that could enable the agency to 
determine whether DOE should propose not to amend the existing DOE test 
procedure because an amended test procedure would not more accurately 
or fully comply with the statutory requirement that the test procedure 
produces results that measure energy use during a representative 
average use cycle or period of use for the product, and not be unduly 
burdensome to conduct. DOE also seeks comment on the availability of 
consensus-based test procedures for measuring the energy use of 
portable ACs that more accurately or fully comply with this statutory 
requirement.

DATES: Written comments and information are requested and will be 
accepted on or before January 19, 2021.

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-2020-BT-
TP-0029 and/or RIN 1904-AF03, by any of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. Email: to [email protected]. Include docket number 
EERE-2020-BT-TP-0029 and/or RIN 1904-AF03 in the subject line of the 
message.
    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. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, Suite 600, 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 (Submission of Comments).
    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: http://www.regulations.gov/docket?D=EERE-2020-BT-TP-0029. The docket web page contains 
instructions on how to access all documents, including public comments, 
in the docket. See section III of this document for information on how 
to submit comments through http://www.regulations.gov.

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].
    Mr. Matthew Ring, U.S. Department of Energy, Office of the General 
Counsel,

[[Page 70509]]

GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 586-2555. 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
    B. Rulemaking History
II. Request for Information
    A. Energy Use Measurements
    B. Representative Average Period of Use
    C. Test Burden Reductions
    D. Consensus-Based Test Procedures
III. Submission of Comments

I. Introduction

    DOE established an early assessment review process to conduct a 
more focused analysis of a specific set of facts or circumstances that 
would allow DOE to determine, based on statutory criteria, whether an 
amended test procedure is warranted. The purpose of this review is to 
limit the resources, from both DOE and stakeholders, committed to 
rulemakings that will not satisfy the requirements in the Energy Policy 
and Conservation Act, as amended (``EPCA''),\1\ that an amended test 
procedure more accurately or fully comply with the requirement that the 
test procedure produces results that measure energy use during a 
representative average use cycle or period of use for the product, and 
not be unduly burdensome to conduct. See 85 FR 8626, 8653-8654 (Feb. 
14, 2020).
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    \1\ All references to EPCA in this document refer to the statute 
as amended through America's Water Infrastructure Act of 2018, 
Public Law 115-270 (Oct. 23, 2018).
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    As part of the early assessment, DOE publishes an RFI in the 
Federal Register, announcing that DOE is initiating a rulemaking 
proceeding and soliciting comments, data, and information on whether an 
amended test procedure would more accurately measure energy use during 
a representative average use cycle or reduce testing burden. Based on 
the information received in response to the RFI and DOE's own analysis, 
DOE will determine whether to proceed with a rulemaking for an amended 
test procedure.
    If DOE makes an initial determination based upon available evidence 
that an amended test procedure would not meet the applicable statutory 
criteria, DOE would engage in notice and comment rulemaking before 
issuing a final determination that an amended test procedure is not 
warranted. If DOE reaches such a determination, the rulemaking would be 
concluded, which would satisfy the Department's 7-year-lookback test 
procedure review requirement under the statute (as discussed in section 
I.A of this document).
    Conversely, if DOE makes an initial determination that an amended 
test procedure would satisfy the applicable statutory criteria, 
including that adoption of a consensus-based test procedure as the DOE 
test procedure, without modification, would more accurately or fully 
comply with statutory requirements, or DOE's analysis is inconclusive, 
DOE would undertake the preliminary stages of a rulemaking to issue an 
amended test procedure. Beginning such a rulemaking, however, would not 
preclude DOE from later making a determination that an amended test 
procedure would not satisfy the requirements in EPCA, based upon the 
full suite of DOE's analyses. 85 FR 8654.

A. Authority

    EPCA, as amended, among other things, authorizes DOE to regulate 
the energy efficiency of a number of consumer products and certain 
industrial equipment. (42 U.S.C. 6291-6317) Title III, Part B \2\ of 
EPCA established the Energy Conservation Program for Consumer Products 
Other Than Automobiles, which sets forth a variety of provisions 
designed to improve energy efficiency for certain types of consumer 
products. In addition to specifying a list of covered products, EPCA 
enables the Secretary of Energy to classify additional types of 
consumer products as covered products under EPCA. (42 U.S.C. 
6292(a)(20)) In a final determination of coverage published in the 
Federal Register on April 18, 2016, DOE classified portable ACs as 
covered products under EPCA. 81 FR 22514.
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    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
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    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. Relevant provisions of EPCA include definitions (42 U.S.C. 
6291), test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 
6294), energy conservation standards (42 U.S.C. 6295), and the 
authority to require information and reports from manufacturers (42 
U.S.C. 6296).
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6297(a)-(c)) DOE may, however, grant waivers of Federal 
preemption in limited instances for particular State laws or 
regulations, in accordance with the procedures and other provisions set 
forth under 42 U.S.C. 6297(d).
    EPCA also requires that, at least once every 7 years, DOE evaluate 
test procedures for each type of covered product, including portable 
ACs, to determine whether amended test procedures would more accurately 
or fully comply with the requirements for the test procedures to 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. 
6293(b)(1)(A)) DOE is publishing this RFI to collect data and 
information to inform its decision to satisfy the 7-year-lookback 
review requirement.

B. Rulemaking History

    DOE last amended the test procedure for portable ACs on June 1, 
2016 (``June 2016 Final Rule''), to ensure it is representative of 
typical use and to improve accuracy and repeatability while minimizing 
burden. 81 FR 35241. The June 2016 Final Rule established provisions 
for measuring the energy consumption of single-duct and dual-duct 
portable ACs in active, standby, and off modes. The June 2016 Final 
Rule also established provisions for certification, compliance, and 
enforcement for portable ACs in Title 10 of the Code of Federal 
Regulations (``CFR'') part 429. DOE's test procedure for portable ACs 
is prescribed at 10 CFR part 430, subpart B, appendix CC (``appendix 
CC'').

II. Request for Information

    DOE is publishing this RFI to collect data and information during 
the early assessment review to inform its decision, consistent with its 
obligations under EPCA, as to whether the Department should proceed 
with an amended test procedure rulemaking. Accordingly, in the 
following sections, DOE has identified specific issues on which it 
seeks input to aid in its analysis of whether an amended test procedure 
for portable ACs would more accurately or fully comply with the 
requirement that the test procedure

[[Page 70510]]

produces results that measure energy use during a representative 
average use cycle or period of use for the product, and not be unduly 
burdensome to conduct. In particular, DOE is interested in: (1) Any 
information indicating that there has not been sufficient technological 
or other changes since DOE last conducted a test procedure rulemaking 
analysis for portable ACs to suggest an amended test procedure could 
satisfy these criteria; or (2) whether adopting a consensus-based test 
procedure, without modification, as the DOE test procedure would more 
accurately or fully comply with the statutory requirement. DOE also 
welcomes comments on other issues relevant to its early assessment that 
may not specifically be identified in this document.

A. Energy Use Measurements

    The current DOE test procedure for portable ACs measures energy use 
by means of two performance metrics: seasonally adjusted cooling 
capacity (``SACC''), measured in British thermal units per hour (``Btu/
h''); and combined energy efficiency ratio (``CEER''), measured in Btu 
per watt-hours (``Btu/Wh''). The test procedure provides a measure of 
portable AC performance under various operating modes (cooling mode, 
off-cycle mode, standby mode, inactive mode, and off mode) and duct 
configurations (single-duct and dual duct). DOE seeks comment on 
whether existing test procedure requirements (e.g., instrumentation, 
testing configurations/specifications, calculation methodologies) 
accurately measure energy use without adding undue burden to the test 
procedure.

B. Representative Average Period of Use

    The current DOE test procedure for portable ACs measures energy use 
during a representative average period of use. The measured energy 
performance includes energy use during cooling mode, off-cycle mode, 
inactive mode, and off mode energy use.
    In cooling mode, a portable AC activates the main cooling function 
determined by the thermostat or temperature sensor signal, including 
activating the refrigeration system, or activates the fan or blower 
without the use of the refrigeration system. Section 2.4 of appendix 
CC.
    In off-cycle mode, a portable AC: (1) Has cycled off its main 
cooling or heating function via thermostat or temperature sensor 
signal; (2) may or may not operate its blower or fan; and (3) will 
reactivate the main function according to the thermostat or temperature 
sensor signal. Section 2.7 of appendix CC.
    Inactive mode is a standby mode that facilitates the activation of 
an active mode or off-cycle mode via remote switch (including remote 
control), internal sensor, or timer, or that provides continuous status 
display. Section 2.6 of appendix CC.
    In off mode, the portable AC is connected to a mains power source 
and is not providing any active, off-cycle, or standby mode function, 
and where the mode may persist for an indefinite time. Section 2.8 of 
appendix CC. An indicator that only shows the user that the portable AC 
is in the off position is included within the classification of an off 
mode. Id.
    To determine the energy use during a representative period of use, 
the test procedure assigns the following hours of operation for each 
mode: 750 hours for cooling mode, 880 hours for off-cycle mode, and 
1,355 hours for inactive or off mode. Section 5.3 of appendix CC.
    In addition to addressing different operating modes, the portable 
AC test procedure in appendix CC addresses two configurations of 
portable ACs: Dual-duct and single-duct. Dual-duct portable ACs draw 
some or all of their condenser inlet air from outside the conditioned 
space through a duct attached to an adjustable window bracket (and may 
draw additional condenser inlet air from the conditioned space) and 
discharge the condenser outlet air outside the conditioned space by 
means of a separate duct attached to an adjustable window bracket. 10 
CFR 430.2. Dual-duct units use two parallel airflow paths: With the 
first airflow path, air from the conditioned space (i.e., indoors) is 
drawn into the unit, passes over a cold heat exchanger (i.e., the 
evaporator), and is discharged back into the room. With the second 
airflow path, air from outdoors (possibly with additional air from 
indoors) is drawn into the unit, passes over a hot heat exchanger 
(i.e., the condenser), and is discharged back outdoors. In this type of 
system, the heat that is removed from the indoor airflow path is 
essentially transferred to the outdoor airflow path and discharged 
outdoors. The temperature of the air flowing across the condenser 
significantly affects a portable AC's cooling capacity. Because the air 
passing across the condenser is drawn from outdoors, and outdoor air 
temperatures vary during portable AC use, the cooling capacity of a 
dual-duct unit is significantly affected by changes in outdoor air 
temperatures. Therefore, to produce representative test results, 
appendix CC requires dual-duct units to be tested at two different 
``test conditions'' in the test chamber that supplies the condenser 
inlet air, representing two different outdoor temperatures: 95 degrees 
Fahrenheit ([deg]F) and 83 [deg]F. Section 4.1 of appendix CC. Under 
both test conditions, the test chamber in which the unit is installed 
is maintained at a temperature of 80 [deg]F, which is a representative 
indoor temperature, and the unit is operated at full load. Id.
    Single-duct portable ACs draw all of their condenser inlet air from 
the conditioned space without the means of a duct, and discharge the 
condenser outlet air outside the conditioned space through a single 
duct attached to an adjustable window bracket. 10 CFR 430.2. Single-
duct units also use two parallel airflow paths; however, in contrast to 
dual-duct units, the condenser airflow path draws air only from inside 
the conditioned space rather than from outside. This air is drawn into 
the unit through air grates in the unit's chassis, passes over the 
condenser, and is discharged to the outdoors through the single duct. 
Because the inlet air is drawn from indoors (as opposed to outdoors, as 
with dual-duct units), and because the indoor air temperature remains 
steady during operation, a single test condition is sufficient to 
produce representative test results for single-duct portable ACs. 
Appendix CC specifies a temperature of 80 [deg]F in the test chamber in 
which the unit is installed (corresponding to the specified indoor air 
temperature). Section 4.1 of appendix CC. As with the dual-duct unit 
tests, the single-duct unit is operated at full load throughout the 
duration of the test.
    DOE seeks comment on what constitutes a representative average 
period of use for portable ACs.

C. Test Burden Reductions

    In the June 2016 Final Rule, DOE concluded that the test procedure 
established would represent little to no additional burden beyond what 
was already being incurred by manufacturers to conduct industry 
testing. 81 FR 35241, 35259, 35261. As discussed in a notice of 
proposed rulemaking published on February 25, 2015, DOE's determination 
was based on the similarities between testing that would be conducted 
according to the newly established Federal test procedure and testing 
that was being conducted for portable ACs in accordance with an 
industry test procedure, American National Standards Institute 
(``ANSI'')/American Society of Heating, Refrigerating, and Air-
Conditioning Engineers (``ASHRAE'') Standard 128-2011 ``Method of 
Rating Unitary Spot

[[Page 70511]]

Air Conditioners.'' 80 FR 10211, 10238-10239. DOE seeks comment on 
whether any modifications to the test procedure could reduce these 
costs while still allowing for accurate determinations of energy use 
during a representative average use cycle.

D. Consensus-Based Test Procedures

    The current DOE test procedure for portable ACs incorporates by 
reference the following industry standards: ANSI/Association of Home 
Appliance Manufacturers (``AHAM'') PAC-1-2015 ``Portable Air 
Conditioners,'' ANSI/ASHRAE Standard 37-2009 ``Methods of Testing for 
Rating Electrically Driven Unitary Air-Conditioning and Heat Pump 
Equipment,'' and International Electrotechnical Commission (``IEC'') 
Standard 62301 ``Household electrical appliances--Measurement of 
standby power'' (Edition 2.0 2011-01). 10 CFR 430.3(i)(5), 10 CFR 
430.3(g)(3), and 10 CFR 430.3(o)(6). In addition to referencing the 
industry standards, appendix CC provides procedures to account for air 
infiltration and duct heat transfer effects in its measurement of 
portable AC performance. Section 3.1.1 of appendix CC. DOE seeks 
comment on the availability of consensus-based test procedures for 
measuring the energy use of portable ACs that could be adopted without 
modification and more accurately or fully comply with the requirement 
that the test procedure produces results that measure energy use during 
a representative average use cycle for the product, and not be unduly 
burdensome to conduct.

III. Submission of Comments

    DOE invites all interested parties to submit in writing by January 
19, 2021, comments and information on matters addressed in this notice 
and on other matters relevant to DOE's early assessment of whether an 
amended test procedure for portable ACs more accurately or fully comply 
with the requirement that the test procedure produces results that 
measure energy use during a representative average use cycle for the 
product, and not be unduly burdensome to conduct.
    Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page requires 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/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal 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 in 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 postal mail 
or hand delivery/courier, please provide all items on a CD, if 
feasible, in which case it is not necessary to submit printed copies. 
No telefacsimiles 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. Pursuant 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/courier 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 to 
[email protected] 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.
    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].

[[Page 70512]]

Signing Authority

    This document of the Department of Energy was signed on October 22, 
2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for 
Energy Efficiency, Energy Efficiency and Renewable Energy, pursuant to 
delegated authority from the Secretary of Energy. That document with 
the original signature and date is maintained by DOE. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DOE Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of the Department of Energy. This administrative process in no way 
alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on October 23, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2020-23817 Filed 11-4-20; 8:45 am]
BILLING CODE 6450-01-P