[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