[Federal Register Volume 86, Number 72 (Friday, April 16, 2021)]
[Proposed Rules]
[Pages 20044-20053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07818]


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DEPARTMENT OF ENERGY

10 CFR Part 430

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


Energy Conservation Program: Test Procedure for 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 the 
preliminary stages of a rulemaking to consider amendments to the test 
procedure for portable air conditioners (``ACs''). Through this request 
for information (``RFI''), DOE seeks data and information regarding 
issues pertinent to whether amended test procedures would 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 without being unduly 
burdensome to conduct, or reduce testing burden. DOE welcomes written 
comments from the public on any subject within the scope of this 
document (including topics not raised in this RFI), as well as the 
submission of data and other relevant information.

DATES: Written comments and information are requested and will be 
accepted on or before May 17, 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, 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 in the subject line of the message.
    No telefacsimiles (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section III of this document.
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including postal mail and hand 
delivery/courier, the Department has found it necessary to make 
temporary modifications to the comment submission process in light of 
the ongoing Covid-19 pandemic. DOE is currently suspending receipt of 
public comments via postal mail and hand delivery/courier. If a 
commenter finds that this change poses an undue hardship, please 
contact Appliance Standards Program staff at (202) 586-1445 to discuss 
the need for alternative arrangements. Once the Covid-19 pandemic 
health emergency is resolved, DOE anticipates resuming all of its 
regular options for public comment submission, including postal mail 
and hand delivery/courier.
    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 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].
    Ms. Sarah Butler, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 586-1777. 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 and Definitions
    B. Test Procedure
    1. Updates to Industry Standards
    2. Test Harmonization
    3. Energy Use Measurements
    4. Representative Average Period of Use
    5. Test Burden
    6. Convection Coefficient
    7. Infiltration Air and Duct Heat Transfer
    8. Case Heat Transfer
    9. Heating Mode
    10. Network Connectivity
    11. Fan-Only Mode
    12. Part-Load Performance and Load-Based Testing
    13. Dehumidification Mode
    14. Spot Coolers
    C. Test Procedure Waivers
III. Submission of Comments

I. Introduction

    DOE's test procedures for portable ACs are prescribed in the Code 
of Federal Regulations (``CFR'') at Title 10

[[Page 20045]]

of the CFR part 430, subpart B, appendix CC (``appendix CC''). The 
following sections discuss DOE's authority to establish and amend test 
procedures for portable ACs, as well as relevant background information 
regarding DOE's consideration of test procedures for this product.

A. Authority and Background

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
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. 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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    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
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    The energy conservation program under EPCA consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA specifically 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) DOE may, however, grant waivers of Federal preemption for 
particular State laws or regulations, in accordance with the procedures 
and other provisions of EPCA. (42 U.S.C. 6297(d))
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making representations about the efficiency of those consumer 
products (42 U.S.C. 6293(c)). Similarly, DOE must use these test 
procedures to determine whether the products comply with relevant 
standards promulgated under EPCA. (42 U.S.C. 6295(s))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA requires that any test procedures prescribed or 
amended under this section be reasonably designed to produce test 
results which measure energy efficiency, energy use or estimated annual 
operating cost of a covered product during a representative average use 
cycle or period of use and not be unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3))
    EPCA also requires that, at least once every 7 years, DOE review 
test procedures for all type of covered products, including portable 
ACs, to determine whether amended test procedures would more accurately 
or fully comply with the requirements for the test procedures be 
reasonably designed to produce test results that reflect energy 
efficiency, energy use, and estimated operating costs during a 
representative average use cycle or period of use and to not be unduly 
burdensome to conduct. (42 U.S.C. 6293(b)(1)(A)) If the Secretary 
determines, on her own behalf or in response to a petition by any 
interested person, that a test procedure should be prescribed or 
amended, the Secretary shall promptly publish in the Federal Register 
proposed test procedures and afford interested persons an opportunity 
to present oral and written data, views, and arguments with respect to 
such procedures. The comment period on a proposed rule to amend a test 
procedure shall be at least 60 days and may not exceed 270 days. (42 
U.S.C. 6293(b)(2)) In prescribing or amending a test procedure, the 
Secretary shall take into account such information as the Secretary 
determines relevant to such procedure, including technological 
developments relating to energy use or energy efficiency of the type 
(or class) of covered products involved. Id. 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. 
6293(b)(1)(A)) DOE is publishing this RFI to collect data and 
information to inform its decision in satisfaction of the 7-year review 
requirement specified in EPCA.
    In addition, EPCA requires that DOE amend its test procedures for 
all covered products to integrate measures of standby mode and off mode 
energy consumption into the overall energy efficiency, energy 
consumption, or other energy descriptor, taking into consideration the 
most current versions of Standards 62301 and 62087 of the International 
Electrotechnical Commission (``IEC''),\3\ unless the current test 
procedure already incorporates the standby mode and off mode energy 
consumption, or if such integration is technically infeasible. (42 
U.S.C. 6295(gg)(2)(A)) If an integrated test procedure is technically 
infeasible, DOE must prescribe separate standby mode and off mode 
energy use test procedures for the covered product, if a separate test 
is technically feasible. (Id.)
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    \3\ IEC Standard 62301, ``Household electrical appliances--
Measurement of standby power''; IEC Standard 62087, ``Methods of 
measurement for the power consumption of audio, video and related 
equipment''
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B. Rulemaking History

    On November 5, 2020, DOE published an early assessment review RFI 
in which it sought data and information pertinent to whether amended 
test procedures would (1) 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 without being unduly burdensome to conduct, or (2) 
reduce testing burden. 85 FR 70508 (``November 2020 RFI''). DOE 
received comments in response to the November 2020 RFI from the 
interested parties listed in Table I.1.

                      Table I.1--Written Comments Received in Response to November 2020 RFI
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          Organization(s)                    Reference in this RFI                    Organization type
----------------------------------------------------------------------------------------------------------------
Association of Home Appliance        AHAM.................................  Trade Association.
 Manufacturers.
California Investor-Owned Utilities  California IOUs......................  Utility.
Appliance Standards Awareness        Joint Commenters.....................  Efficiency Organizations.
 Project & Consumer Federation of
 America.

[[Page 20046]]

 
Northwest Energy Efficiency          NEEA.................................  Efficiency Organization.
 Alliance.
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    Based on DOE's review of the test procedure for portable ACs and 
the comments received, as discussed in the following sections, DOE has 
determined it is appropriate to continue the test procedure rulemaking 
after the early assessment process. See 10 CFR part 430 subpart C 
appendix A section 8(b).

II. Request for Information

    In the following sections, DOE has identified a variety of issues 
on which it seeks input to determine whether, and if so how, an amended 
test procedure for portable ACs would (1) more accurately or fully 
comply with the requirements in EPCA that test procedures be reasonably 
designed to produce test results which reflect energy use during a 
representative average use cycle or period of use, without being unduly 
burdensome to conduct (42 U.S.C. 6293(b)(3)); or (2) reduce testing 
burden.
    Additionally, DOE welcomes comments on any aspect of the existing 
test procedures for portable ACs that may not specifically be 
identified in this document.

A. Scope and Definitions

    In a coverage determination published on April 18, 2016, DOE 
established the definition of a ``portable air conditioner'' as a 
portable encased assembly, other than a packaged terminal air 
conditioner, room air conditioner, or dehumidifier, that delivers 
cooled, conditioned air to an enclosed space, and is powered by single-
phase electric current. 81 FR 22514, 22519-22520; see also 10 CFR 
430.2. The definition also states that a portable AC includes a source 
of refrigeration and may include additional means for air circulation 
and heating. Id.
    In a final rule published on June 1, 2016, DOE established 
definitions for two portable AC configurations: ``single-duct portable 
air conditioner'' and ``dual-duct portable air conditioner.'' 81 FR 
35241, 35245-35246 (``June 2016 Final Rule''). A ``single-duct portable 
air conditioner'' is a portable AC that draws all of the condenser 
inlet air from the conditioned space without the means of a duct, and 
discharges the condenser outlet air outside the conditioned space 
through a single duct attached to an adjustable window bracket. 10 CFR 
430.2. A ``dual-duct portable air conditioner'' is a portable AC that 
draws some or all of the condenser inlet air from outside the 
conditioned space through a duct attached to an adjustable window 
bracket, may draw additional condenser inlet air from the conditioned 
space, and discharges the condenser outlet air outside the conditioned 
space by means of a separate duct attached to an adjustable window 
bracket. Id.
    Issue 1: DOE seeks comment on whether the current definitions of 
``portable air condition,'' ``single-duct portable air conditioner,'' 
and ``dual-duct portable air conditioner'' require amendment, and if 
so, how the terms should be defined.
    Issue 2: DOE requests comment on whether the existing equipment 
definitions specified in 10 CFR 430.2 for portable ACs require 
amendments to distinguish further between single-duct and dual-duct 
units, or to address any unique configurations that are not clearly 
addressed in the existing definitions. If amendments are recommended, 
DOE seeks information on what identifying characteristics may be 
included in potential amended or new definitions.

B. Test Procedure

    Portable ACs are tested in accordance with appendix CC, which 
incorporates by reference American National Standard Institute 
(``ANSI'')/Association of Home Appliance Manufacturers (``AHAM'') PAC-
1-2015 ``Portable Air Conditioners'' (``ANSI/AHAM PAC-1-2015''), ANSI/
American Society of Heating, Refrigerating and Air-Conditioning 
Engineers (``ASHRAE'') Standard 37-2009 ``Methods of Testing for Rating 
Electrically Driven Unitary Air-Conditioning and Heat Pump Equipment'' 
(``ANSI/ASHRAE Standard 37-2009''), and IEC Standard 62301 ``Household 
electrical appliances--Measurement of standby power'' (Edition 2.0 
2011-01) (``IEC Standard 62301''), with modifications. Regarding dual-
duct portable ACs, the DOE test procedure specifies provisions in 
addition to ANSI/AHAM PAC-1-2015. Specifically, the DOE test procedure 
specifies an additional test condition for dual-duct portable ACs (83 
degrees Fahrenheit (``[deg]F'') dry-bulb and 67.5 [deg]F wet-bulb 
outdoor temperature) and additionally accounts for duct heat transfer, 
infiltration air heat transfer, and off-cycle mode energy use. See 
Sections 4.1; 4.1.1; 4.1.; and 4.2 of appendix CC. ANSI/AHAM PAC-1-2015 
does not have similar provisions. Appendix CC also includes 
instructions regarding tested configurations, duct setup, inlet test 
conditions, condensate removal, unit placement, duct temperature 
measurements, and control settings. See Sections 3.1.1; 3.1.1.1; 
3.1.1.2; 3.1.1.3; 3.1.1.4; 3.1.1.6; and 3.1.2 of appendix CC.
    Under the current test procedure, a unit's seasonally adjusted 
cooling capacity (``SACC''), in British thermal units per hour (``Btu/
h''), is calculated as a weighted average of the adjusted cooling 
capacity measured at two representative operating conditions. The 
adjusted cooling capacity is the measured indoor room cooling capacity 
while operating in cooling mode under the specified test conditions, 
adjusted based on the measured and calculated duct and infiltration air 
heat transfer. See Sections 4.1; 4.1.1; 4.1.2; 5.1; and 5.2 of appendix 
CC. The combined energy efficiency ratio (``CEER'') represents the 
efficiency of the unit, in Btu per watt-hours (``Btu/Wh''), based on 
the adjusted cooling capacity at the two operating conditions; the 
annual energy consumption in cooling mode, off-cycle mode, and inactive 
or off mode; and the number of cooling mode hours per year; with 
weighting factors applied for the two operating conditions. See 
Sections 4.2; 4.3; 5.3; and 5.4 of appendix CC.
1. Updates to Industry Standards
    As discussed, appendix CC references ANSI/AHAM PAC-1-2015, an 
industry test procedure for portable ACs, with modifications. In the 
November 2020 RFI, DOE sought comment on the availability of industry-
accepted 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. 85 FR 70508, 70511.
    AHAM stated its intent to revise ANSI/AHAM PAC-1-2015, 
incorporating the waivers that DOE had granted, or at the time was 
considering,

[[Page 20047]]

under its existing test procedure.\4\ AHAM urged DOE to adopt the 
updated ANSI/AHAM PAC-1 test procedure once finalized. AHAM further 
stated it will provide status updates to DOE as both the ANSI/AHAM PAC-
1 revision and DOE test procedure assessment proceed, and welcomed DOE 
to participate in the ANSI/AHAM PAC-1 revision efforts. (AHAM, No. 2 at 
pp. 2-3) \5\
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    \4\ The existing portable AC test procedure waiver granted to LG 
Electronics USA, Inc. is available at https://www.regulations.gov/docket/EERE-2018-BT-WAV-0007. Since AHAM's comment, DOE has also 
granted an interim waiver to GD Midea Air Conditioning Equipment Co. 
LTD., available at https://www.regulations.gov/docket/EERE-2020-BT-WAV-0023. Test procedure waivers are discussed further in section 
II.C.
    \5\ A notation in the form ``AHAM, No. 2 at pp. 2-3'' identifies 
a written comment: (1) Made by the Association of Home Appliance 
Manufacturers; (2) recorded in document number 2 that is filed in 
the docket of this test procedure rulemaking (Docket No. EERE-2020-
BT-TP-0029) and available for review at http://www.regulations.gov; 
and (3) which appears on pages 2-3 of document number 2.
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    Issue 3: DOE requests input on any other industry standards 
relevant to portable ACs that should be considered in assessing 
amendments to the existing DOE test procedure for portable ACs.
2. Test Harmonization
    The Joint Commenters encouraged DOE to align the portable AC and 
room AC test procedures to allow consumers to be able to compare the 
efficiency ratings of the two products, which they stated can often be 
used for the same applications. The Joint Commenters stated that the 
current test procedures do not provide a fair comparison between 
portable ACs and room ACs, asserting that the efficiency ratings of 
portable ACs are inflated relative to those of room ACs due to the 
differences in test conditions between the two procedures. The Joint 
Commenters stated that future harmonized load-based test procedures for 
portable ACs and room ACs based on performance at multiple outdoor 
conditions would better represent how all units perform in the field. 
(Joint Commenters, No. 4 at pp. 1-2)
    NEEA similarly urged DOE to align the test procedures for portable 
ACs and room ACs to ensure comparability of efficiency and capacity 
ratings across both products. According to NEEA, room ACs and portable 
ACs are similar products that are both likely to be used as 
supplemental cooling sources either for consumers that do not have 
central cooling systems or when those centralized systems are not 
sufficient to meet the cooling needs of a specific space. (NEEA, No. 5 
at p. 1) According to NEEA, differences between the two test procedures 
lead to incomparability between the two AC types and may potentially 
mislead consumers with higher ratings for portable ACs. NEEA 
recommended that both products be rated using a seasonal metric at the 
same test conditions, and that DOE adopt load-based test procedure for 
both products. NEEA stated that using a load-based test is the best way 
to fully account for the effectiveness of controls, cycling effects, 
and variable speed performance of both portable ACs and room ACs, and 
would better reflect real world performance. (NEEA, No. 5 at pp. 1-2)
    The California IOUs encouraged DOE to align the portable AC, room 
AC, and central air conditioner/heat pump (``central AC/HP'') test 
procedures to allow consumers to more readily compare performance 
across these categories. The California IOUs further claimed that room 
ACs and portable ACs provide largely the same consumer utility as 
central ACs/HPs of similar capacity, with the only significant 
differences being the method of installation and ease in relocation, 
respectively. (California IOUs, No. 3 at pp. 1, 3-4)
    Both NEEA and the California IOUs, referenced DOE's statement in 
the June 2016 Final Rule in which DOE stated that comparative ratings 
between room ACs and portable ACs are desirable and that DOE would 
consider whether rating conditions representative of room AC usage 
should be adjusted when it conducts a rulemaking for its room AC test 
procedures. (NEEA, No. 5 at pp. 1-2; California IOUs, No. 3 at pp. 1, 
3-4)
    DOE recognizes that portable ACs, room ACs, and central ACs all 
provide cooling; however, there are significant differences in how 
these products are installed, used, and provide cooling. Central ACs 
are fixed appliances, installed year-round, built into homes, and 
controlled by a central thermostat to maintain a relatively constant 
temperature throughout the conditioned space. In contrast, room ACs and 
portable ACs are installed, often seasonally, in a single room; operate 
based on an internal thermostat when turned on, typically only during 
the cooling season; and may be readily turned off when the room is not 
occupied. Furthermore, room ACs and portable ACs differ from each other 
in that they have different installation means, and induce different 
amounts of outdoor air infiltration heat and other unwanted heat 
transfer to the conditioned space (i.e., portable ACs are located 
entirely within the conditioned space along with the hot exhaust duct, 
and the window mounting bracket typically has little to no insulation; 
in contrast to room ACs, which often ship with insulated side-curtains 
or other insulating installation materials). Regarding capacity and 
efficiency comparisons, based on recent standards rulemaking analyses 
and market research, DOE expects that portable AC capacity ranges from 
2,500 to 10,000 Btu/h and CEER ranges from 4 to 8 Btu/Wh, both of which 
are significantly lower than the current typical range of capacity and 
CEER for room ACs, ranging from 5,000 to 35,000 Btu/h and 9 to 15 Btu/
Wh, respectively.
    The test procedures for room ACs, portable ACs, and central ACs 
were developed based on the best available usage data and information 
regarding representative conditions at that time. In considering 
amendments to the DOE test procedure for portable ACs, DOE welcomes 
feedback and data regarding the representative operating conditions, 
setpoints, and annual operating hours and installation time for 
portable ACs.
    Issue 4: DOE requests further information and usage data regarding 
setpoints, operating conditions, seasonal use, and installation time 
for portable ACs.
3. Energy Use Measurements
    The current DOE test procedure for portable ACs provides a measure 
of power consumption and energy use under various operating modes 
(cooling mode, off-cycle mode, standby mode, inactive mode, and off 
mode) and duct configurations (single-duct and dual-duct). In the 
November 2020 RFI, DOE sought 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. 85 FR 70508, 
70510.
    DOE received no comments on this topic in response to the November 
2020 RFI. Throughout this RFI, DOE seeks further comment on specific 
topics relevant to instrumentation, testing configurations and 
specifications, and calculation methodologies that may improve the 
existing test to more accurately measure energy use without adding 
undue burden to the test procedure.
4. Representative Average Period of Use
a. Operational Modes
    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

[[Page 20048]]

associated with cooling mode and off-cycle mode during the cooling 
season, and inactive mode and off mode energy use for the entire year.
    In cooling mode, a portable AC activates the main cooling function 
in response to a signal from the thermostat or temperature sensor, 
which includes activating the refrigeration system or activating 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. 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. See Section 2.8 of 
appendix CC.
    Issue 5: DOE seeks comment regarding whether any of the currently 
considered modes in the DOE test procedure should no longer be 
addressed, or whether any representative modes that are not currently 
considered should be addressed in future test procedure amendments.
    Issue 6: DOE seeks comment regarding whether the performance and 
energy use for the operational modes discussed above are appropriately 
addressed and captured in the DOE test procedure.
b. Hours of Operation
    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 
the absence of sufficient consumer usage data specific to portable ACs, 
DOE established these operating hours in the June 2016 Final Rule, 
derived from the most relevant data available representative of overall 
consumer use, which at that time were for room ACs. DOE adjusted the 
room AC usage data to reflect portable ACs usage; for example, inactive 
mode and off mode estimates outside of the cooling season were 
adjusted, given that portable ACs are more likely to be unplugged 
outside of the cooling season as compared to room ACs that are less 
portable.\6\ 81 FR 35241, 35258-35259.
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    \6\ Further information regarding the development of the 
operating hours is provided in the February 25, 2015 notice of 
proposed rulemaking and November 27, 2015 supplemental notice of 
proposed rulemaking, available at https://www.regulations.gov/docket/EERE-2014-BT-TP-0014-0009 and https://www.regulations.gov/docket/EERE-2014-BT-TP-0014-0021, respectively.
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    In response to the November 2020 RFI, AHAM reiterated its prior 
opposition to reliance on room AC data during the previous test 
procedure rulemaking to determine annual operating hours for portable 
ACs, suggesting that while portable ACs and room ACs may be similar in 
some ways, usage of the products differs. AHAM recommended that DOE 
refrain from using room AC data to support rulemaking activity for 
portable ACs in the future, unless there is evidence that the room AC 
data are a sufficient surrogate for portable AC operating hours. (AHAM, 
No. 2 at p. 2) It is generally DOE's practice to rely on the most 
relevant and current data available at the time of the analysis to 
identify appropriate operating hours. At this time, DOE is unaware of 
any portable AC usage data sufficient to characterize representative 
consumer usage, and notes that no such data or data sources have been 
provided by commenters to date.
    Issue 7: DOE requests data regarding annual operating hours for all 
representative modes of operation for portable ACs.
c. Configurations
    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. As described, 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. Given the impact of outdoor air temperature 
on overall cooling performance and efficiency, 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 [deg]F and 83 [deg]F. See 
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 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 specified 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.
    Appendix CC currently requires that portable ACs able to operate as 
both a single-duct and dual-duct portable AC, as distributed in 
commerce by the

[[Page 20049]]

manufacturer, must be tested and rated for both duct configurations. 
Section 3.1.1 of appendix CC.
    In response to the November 2020 RFI, NEEA recommended that DOE 
maintain the requirement that a portable AC able to operate in both 
duct configurations as distributed in commerce be tested and rated in 
both configurations. According to NEEA, the single-duct configuration 
typically results in infiltration air because condenser air is pulled 
from the room and rejected outside, resulting in a net airflow out of 
the space, which increases energy use and reduces capacity. NEEA 
recommended that if products can be operated in a single-duct 
configuration, they should continue to be tested in that configuration. 
(NEEA, No. 5 at pp. 3-4)
    Issue 8: DOE requests feedback regarding single-duct and dual-duct 
portable AC test requirements and any other relevant considerations to 
ensure that the test procedures produce representative results for both 
configurations, including products that operate in both configurations, 
as distributed in commerce by the manufacturer.
5. Test Burden
    In the November 2020 RFI, DOE sought comment on whether any 
modifications to the DOE test procedure could reduce the test burden 
and costs while still allowing for accurate determinations of energy 
use during a representative average use cycle. 85 FR 70508, 70510-
70511.
    AHAM stated its concern that changing the test procedure in any 
significant way would increase burden, as technicians would need to be 
retrained and retesting could be necessary. AHAM stated that any 
further modifications would unnecessarily complicate what it described 
as an already complex test procedure. (AHAM, No. 2 at p. 2)
    Issue 9: DOE requests further comment on potential for adjustments 
to the DOE test procedure that may improve repeatability, 
reproducibility, or representativeness, and how such adjustments would 
impact test burden.
    Issue 10: DOE requests comment on whether any aspects of the DOE 
test procedure could be adjusted to reduce test burden while not 
impacting the repeatability, reproducibility, or representativeness of 
the test procedure.
6. Infiltration Air, Duct Heat Transfer, and Case Heat Transfer
    The portable AC test procedure accounts for the effects of heat 
transfer from two sources: (1) Infiltration of outdoor air into the 
conditioned space (i.e., ``infiltration air'') and (2) heat leakage 
through the duct surface to the conditioned space (i.e., ``duct heat 
transfer''). Heat transfer from infiltration air is calculated using 
the nominal test chamber and the condenser inlet air (outdoor) rating 
conditions specified for Test Configuration 3, Conditions A and B (the 
test configuration for dual-duct units). See Sections 4.1 and 4.1.2 of 
appendix CC. Duct heat transfer is accounted for from the duct surface 
to the conditioned space; duct heat transfer for each duct is 
determined from the average duct surface temperature as measured by 
four equally-spaced thermocouples adhered to the side along the length 
of the condenser exhaust duct for single-duct units, and the condenser 
inlet and exhaust ducts for dual-duct units. Section 4.1.1 of appendix 
CC. In the June 2016 Final Rule, DOE considered the effects of heat 
transfer through the outer chassis of the portable AC to the conditions 
space (i.e., ``case heat transfer''), but determined to not include 
provisions accounting for case heat transfer in the portable AC test 
procedure, on the basis that case heat transfer has a minimal impact on 
cooling capacity and that including measurement of it would 
substantively increase the test burden. 81 FR 35241, 35254-35255.
    NEEA recommended that DOE continue to incorporate the energy 
impacts of infiltration air and duct heat transfer in the portable AC 
test procedure, stating that both can have significant effects on 
capacity and efficiency and therefore are currently appropriately 
accounted for in the test procedure. (NEEA, No. 5 at pp. 2-3)
    Duct heat transfer is calculated using a convection heat transfer 
coefficient along with duct surface temperature measurements and the 
calculated duct surface area. See Section 4.1.1 of appendix CC. In the 
June 2016 Final Rule, DOE reviewed previously presented test data \7\ 
and concluded that the most representative value of the convection heat 
transfer coefficient is 3 British thermal units per hour per square 
foot per degree Fahrenheit (``Btu/h-ft\2\-[deg]F''). 81 FR 35241, 
35253-35254. DOE is interested in any further available data regarding 
portable AC duct convection heat transfer coefficients that may 
supplement the previously considered data set.
---------------------------------------------------------------------------

    \7\ DOE reviewed test data from four single-duct and two dual-
duct portable ACs with duct convection coefficients ranging from 
1.70 to 5.26 Btu/h-ft\2\-[deg]F, as originally presented in a 
supplemental notice of proposed rulemaking published November 27, 
2015. 80 FR 74020.
---------------------------------------------------------------------------

    Issue 11: DOE requests any available information or data on 
portable AC infiltration air, duct heat transfer, or case heat transfer 
that may improve the representativeness, repeatability, or 
reproducibility of the test procedure.
    Issue 12: DOE requests input on any industry test procedures that 
measure case heat transfer, estimates of test burden required to 
measure it, and data quantifying its impact on cooling capacity and 
efficiency.
    Issue 13: DOE requests input on any less burdensome approaches to 
address case heat transfer than previously considered in the June 2016 
Final Rule.
    Issue 14: DOE requests feedback on the impacts of case material and 
case design on case heat transfer, and whether certain materials or 
designs soon to be implemented in units on the market would result in 
significantly different case heat transfer than current designs.
    Issue 15: DOE requests data and feedback on any additional 
available data regarding a duct convection heat transfer coefficient, 
and whether the current convection heat transfer coefficient of 3 Btu/
h-ft\2\-[deg]F remains representative for portable ACs in their typical 
installation and use environments.
7. Heating Mode
    Heating mode is an active mode in which a portable AC has activated 
the main heating function in response to the thermostat or temperature 
sensor signal, including activating a resistance heater, the 
refrigeration system with a reverse refrigerant flow valve, or the fan 
or blower without activation of the resistance heater or refrigeration 
system. In the June 2016 Final Rule, DOE determined not to establish a 
heating mode efficiency metric. DOE noted that although some portable 
ACs offer an ``auto mode'' that allows for both cooling and heating 
mode operation depending upon the ambient temperature, available data 
suggest that portable ACs are not used for heating purposes for a 
substantial amount of time. 81 FR 35241, 35257.
    Issue 16: DOE seeks usage data on portable AC heating mode and 
whether it accounts for a significant portion of portable AC annual 
energy use.
8. Network Connectivity
    Network connectivity implemented in portable ACs can enable 
functions such as providing real-time room temperature conditions or 
receiving commands via a remote user interface such as a smartphone. 
DOE has observed that

[[Page 20050]]

network connectivity typically operates continuously in the background 
while the portable AC performs other functions. In response to the 
November 2020 RFI, the Joint Commenters stated that portable ACs with 
connected functionality are now widely available and encouraged DOE to 
incorporate a measurement of the standby power when a portable AC with 
network functions is connected to a network. (Joint Commenters, No. 4 
at p. 2) DOE recognizes that portable ACs with network functions are 
now readily available on the market in the United States, and welcomes 
further feedback on the relative impact of such functionality on 
overall energy consumption and performance.
    Issue 17: DOE requests further comment and data on the prevalence 
of network connectivity in portable ACs available on the market 
currently or in the near future.
    Issue 18: DOE requests available data quantifying the power 
consumption and usage time associated with network functionality in 
portable ACs.
    Issue 19: DOE requests information regarding the capabilities and 
attributes enabled by network connectivity (e.g., energy savings, 
demand response, convenience features).
9. Air Circulation Mode
    DOE considers air circulation mode as a consumer initiated active 
mode in which a portable AC has activated only the blower or fan and 
the compressor is off. In the June 2016 Final Rule, DOE determined it 
would not measure or allocate annual operating hours to air circulation 
mode due to lack of usage information for this consumer-initiated air 
circulation feature. 81 FR 35241, 35257. In response to the November 
2020 RFI, NEEA and the California IOUs recommended that DOE incorporate 
into a revised test procedure the energy use in what they described as 
``fan-only mode,'' in which the fan is operating but the compressor is 
not. They referenced a portable AC field metering study conducted by 
Lawrence Berkeley National Laboratory (``LBNL'') in 2014 \8\ which 
found that 39 percent of active mode time was spent in fan-only mode, 
with the remaining active mode time spent in cooling mode, during which 
both the compressor and fan are operating. NEEA and the California IOUs 
stated that this was consistent across residential and commercial 
applications. (NEEA, No. 5 at pp. 3-4; California IOUs, No. 3 at pp. 4-
6) The California IOUs further stated that average power use for 
different units in fan-only mode ranged from 5 to 20 percent of the 
average power use in cooling mode. (California IOUs, No. 3 at pp. 4-6) 
Considering that, as reported, fan-only mode represents 39 percent of 
the portable AC operating time, and considering the variability in fan-
only mode power consumption demonstrated in this study, NEEA and the 
California IOUs encouraged DOE to explore including fan-only mode 
energy use in the portable AC test procedure. (NEEA, No. 5 at pp. 3-4; 
California IOUs, No. 3 at pp. 4-6)
---------------------------------------------------------------------------

    \8\ ``Using Field-Metered Data to Quantify Annual Energy Use of 
Portable Air Conditioners,'' T. Burke et al., Environmental Energy 
Technologies Division, LBNL, December 2014.
---------------------------------------------------------------------------

    Based on the descriptions of ``fan-only mode'' in the comments, and 
a review of the field metering study referenced, DOE expects that the 
annual usage hours and energy consumption of fan operation referenced 
in comments could include operation in both off-cycle mode, which is 
currently addressed in appendix CC, and the user-initiated air 
circulation mode. DOE seeks further clarification and distinction from 
commenters regarding operating hours and energy consumption for the 
user-initiated air-circulation mode, which is not currently addressed 
in appendix CC.
    Issue 20: DOE seeks additional information and data on the 
consumer-initiated air circulation mode and other consumer-initiated 
modes during which the fan operates without the compressor (e.g., the 
characteristics of those operational mode(s), annual operation, 
prevalence in models as a consumer mode, effectiveness, etc.).
10. Part-Load Performance
a. Cycling Losses
    Historically, portable ACs have been designed using a single-speed 
compressor, which operates at full cooling capacity while the 
compressor is on. To match the cooling load of the space, which in most 
cases is less than the full cooling power of the compressor, a single-
speed compressor cycles on and off. This cycling behavior introduces 
inefficiencies due to the surge in power draw at the beginning of each 
``on'' cycle, before the compressor reaches steady-state performance. 
These inefficiencies are referred to as cycling losses and are apparent 
only in single-speed portable ACs, not variable-speed ACs as variable-
speed compressors run continuously, adjusting their speeds as required.
    The California IOUs asserted that testing single-speed portable ACs 
without accounting for cycling losses is not representative of an 
average-use cycle, particularly when comparing to variable-speed units. 
The California IOUs stated that there is an increasing prevalence of 
variable-speed equipment in the marketplace, and recommended that DOE 
revise the test procedure to allow accurate comparison of performance 
for single-speed and variable-speed portable ACs by accounting for 
single-speed portable AC compressor cycling at part-load conditions. 
The California IOUs further stated that such a revision would also 
address the same issue underlying recent portable AC waivers (as 
discussed in section II.C of this RFI). The California IOUs noted that 
DOE's test procedure for central ACs accounts for single-speed 
efficiency losses at part-load conditions and further cited a 2014 
report conducted by Burke et al.\9\ in which operating times for 
cooling mode (compressor on), fan-only mode, and off/standby mode were 
monitored. The California IOUs specifically highlighted the prevalence 
of single-speed compressor cycling in this report. (California IOUs, 
No. 3 at pp. 2-3)
---------------------------------------------------------------------------

    \9\ ``Using Field-Metered Data to Quantify Annual Energy Use of 
Portable Air Conditioners,'' T. Burke et al., Environmental Energy 
Technologies Division, LBNL, December 2014.
---------------------------------------------------------------------------

    Cycling losses associated with single-speed compressors are not 
accounted for in the current test procedure. DOE recognizes that such 
losses are not present for variable-speed portable ACs. In a Decision 
and Order granting a waiver to LG Electronics USA, Inc. (``LG'') on 
June 2, 2020, DOE addressed the cycling of a single-speed compressor as 
part of a ``performance adjustment factor'' required for LG's variable-
speed portable ACs. 85 FR 33643 (Case No. 2018-004, ``LG Waiver''). As 
established in the LG Waiver, the performance adjustment factor 
represents the average performance improvement of the variable-speed 
model relative to a theoretical comparable single-duct single-speed 
model, resulting from the variable-speed unit avoiding cycling losses 
associated with the lower temperature test condition. 85 FR 33643, 
33646. In a notice of interim waiver granted to GD Midea Air 
Conditioning Equipment Co. LTD. (``Midea'') on April 6, 2021, DOE 
similarly requires use of a performance adjustment factor for the 
specified Midea combined-duct dual-duct variable-speed portable ACs. 86 
FR 17803 (Case No. 2020-006, ``Midea Waiver'').
    Issue 21: DOE requests further information and data on efficiency 
losses associated with single-speed compressor cycling at part-load 
conditions.

[[Page 20051]]

    Issue 22: DOE requests comment on the incorporation of the current 
waiver approach to determine variable-speed portable AC efficiency, 
based on the performance improvement relative to a single-speed 
portable AC resulting from elimination of cycling losses.
b. Load-Based Testing
    The current test procedure prescribed by ANSI/AHAM PAC-1-2015 
measures cooling capacity and EER based on an air enthalpy approach 
that measures the air flow rate, dry-bulb temperature, and water vapor 
content of air at the inlet and outlet of the portable AC when it is 
installed in a test chamber at specified indoor ambient conditions and 
the ducts are connected to a second chamber at specified outdoor 
ambient conditions. A load-based test either fixes or varies the amount 
of heat added to the indoor test room by the reconditioning equipment, 
while the indoor test room temperature is permitted to change and is 
controlled by the test unit according to its thermostat setting.
    The California IOUs, Joint Commenters, and NEEA recommended that 
DOE shift to a load-based test to account for part-load portable AC 
performance. (California IOUs, No. 3 at p. 2; Joint Commenters, No. 4 
at p. 1; NEEA, No. 5 at p. 2) The Joint Commenters stated that, while 
the test procedure waiver granted to LG provides a method for crediting 
the potential energy savings associated with variable-speed 
compressors, it does not reflect how variable-speed units actually 
operate in the field. California IOUs, the Joint Commenters, and NEEA 
stated that a load-based test would capture not only the benefits of 
variable-speed compressors, but also other important factors that 
affect efficiency performance, including cycling losses and control 
strategies for both single-speed and variable-speed units. (California 
IOUs, No. 3 at p. 2; Joint Commenters, No. 4 at p. 1; NEEA, No. 5 at p. 
2) According to NEEA, a load-based test would fully account for the 
effectiveness of controls, cycling effects, and variable-speed 
performance of both portable ACs and room ACs, which would better 
reflect real world performance. NEEA recommended that DOE adopt load-
based test procedure for both portable ACs and room ACs. (NEEA, No. 5 
at p. 2)
    The California IOUs stated that should DOE switch to a load-based 
test with multiple test conditions and a combined seasonal metric, 
reporting of full-load capacity and power consumption should still be 
required. According to the California IOUs, knowing power consumption 
and efficiency at full load is essential to both consumers and 
utilities in hot-dry climates. The California IOUs further asserted 
that due to the prevalence of peak-load pricing, full-load performance 
is often a better indication of consumer annual energy cost than a 
part-load metric. (California IOUs, No. 3 at p. 4)
    DOE recognizes the challenges associated with implementing load-
based testing in the portable AC test procedure. As discussed in the 
recent final rule for room AC test procedures, DOE expects that a load-
based test would reduce repeatability and reproducibility due to 
limitations in current test chamber capabilities, namely the lack of 
specificity in industry standards regarding chamber dimensions and 
reconditioning equipment characteristics, which would negatively impact 
the representativeness of the results and potentially be unduly 
burdensome. 86 FR 16446, 16466 (March 29, 2021). DOE continues to seek 
comment and information on the feasibility and applicability of load-
based testing for portable ACs.
    Issue 23: DOE requests further comment and data on industry 
standards for portable ACs or other products that use load-based tests.
    Issue 24: DOE requests comment on commercial laboratory 
capabilities regarding potential portable AC load-based testing.
    Issue 25: DOE requests comment regarding the repeatability and 
reproducibility of any load-based testing for portable ACs.
11. Dehumidification Mode
    NEEA stated that based on its review of a major retailer's website 
most portable ACs provide a dehumidification feature. Given the 
predominance of this feature, NEEA recommended that DOE further 
investigate its usage and consider including dehumidification mode in 
an updated test procedure. (NEEA, No. 5 at pp. 3-4)
    Issue 26: DOE seeks usage data on dehumidification features 
available on portable ACs, including prevalence in units on the market, 
annual operating hours, and energy consumption associated with this 
mode.
12. Spot Coolers
    NEEA commented that ``spot coolers'' are not currently covered by 
the portable AC test procedure. NEEA stated that these products do not 
provide net cooling, but rather move heat from one area to another in a 
space (i.e., they reject condenser air to the cooled space). NEEA 
stated that some portable AC products may meet this description of a 
spot cooler, and recommended that DOE continue to monitor the market to 
ensure that market characterization of a product as a ``spot cooler'' 
is not utilized as a means to circumvent portable AC standards. (NEEA, 
No. 5 at pp. 3-4)
    Issue 27: DOE seeks information regarding the availability of any 
portable ACs that provide cooling in a similar manner to single-duct 
and dual-duct portable ACs but do not meet either of the definitions 
for a single-duct or dual-duct portable AC at 10 CFR 430.2.

C. Test Procedure Waivers

    Any interested person may seek a waiver from the test procedure 
requirements for a particular basic model of a type of covered product 
when the basic model for which the petition for waiver is submitted 
contains one or more design characteristics that: (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).
    DOE has granted one test procedure waiver and one test procedure 
interim waiver for the current portable AC test procedure. As 
discussed, DOE granted LG a test procedure waiver from specified 
portions of the DOE test procedure for determining the energy 
efficiency of listed portable AC basic models, under which LG is 
required to test and rate the listed basic models of its portable ACs 
in accordance with the alternate test procedure specified in the 
Decision and Order.\10\ 85 FR 33643, 33647 (June 2, 2020). LG asserted 
that the current DOE test procedure for single-duct portable ACs does 
not take into account the specific performance and efficiency benefits 
associated with the specified basic models, which are single-duct 
variable-speed portable ACs under part-load conditions. Id. In granting 
the LG Waiver, DOE determined that the alternate test procedure in the 
Decision and Order produces efficiency results for variable-speed 
portable ACs which are comparable with the results for single-speed 
units. Id. The alternate test procedure accomplishes this by adjusting 
the efficiency rating of the variable-speed portable AC by the amount 
the variable-speed unit would outperform a theoretical comparable

[[Page 20052]]

single-speed unit in a representative period of use. Id.
---------------------------------------------------------------------------

    \10\ See Case No. 2018-004.
---------------------------------------------------------------------------

    On July 16, 2020, DOE received a petition for waiver and 
application for interim waiver from Midea, consistent with the approach 
used for variable-speed compressors in the waiver granted to LG, with 
modifications to account for dual-duct units incorporating Midea's 
combined-duct technology. \11\ Midea stated the current test procedure 
prevents the testing of its combined-duct technology because the 
condenser inlet and outlet air streams are incorporated into the same 
structure. (Midea Petition, EERE-2020-BT-WAV-0023 No. 2 at pp. 4-5) 
Midea further stated that, since the airflow both into and out of the 
condenser must be measured simultaneously, modifications are needed to 
adapt Midea's combined-duct technology to DOE's test procedure and 
standard airflow measurement apparatuses. (Midea Petition, EERE-2020-
BT-WAV-0023 No. 2 at p. 5) Midea stated the DOE test procedure does not 
take into account a specially designed adapter that is needed for 
measuring the airflows. (Id.) DOE granted Midea an interim waiver on 
April 6, 2021, under which Midea is required to test and rate the 
listed basic models of its portable ACs in accordance with the 
alternate test procedure specified in the interim waiver. This 
alternate test procedure adjusts the efficiency rating of Midea's 
variable-speed portable ACs in a manner similar to that of the 
alternate test procedure in the LG Waiver, with provisions to allow 
testing of the combined-duct technology. 86 FR 17803.
---------------------------------------------------------------------------

    \11\ The Midea Petition for Waiver from Portable Air 
Conditioners Test Procedures (EERE-2020-BT-WAV-0023) is available at 
https://www.regulations.gov/docket/EERE-2020-BT-WAV-0023.
---------------------------------------------------------------------------

    In response to the November 2020 RFI, AHAM stated that updates to 
the test procedure are necessary to address new technologies that 
cannot be adequately tested under the existing test procedure and have 
been addressed through waivers. AHAM stated that any changes should be 
limited to incorporating existing waivers into the test procedure. 
(AHAM, No. 2 at p. 2) The California IOUs noted that DOE has granted a 
waiver to this test procedure and that there is an outstanding waiver 
request open. The California IOUs encouraged DOE to move forward with a 
rulemaking to eliminate the need for continuation of the waiver. 
(California IOUs, No. 3 at p. 1)
    The California IOUs stated that fixed-speed testing of variable-
speed equipment may not be representative of field performance when the 
speed of the compressor during the test is not determined solely by the 
onboard controls. The California IOUs encouraged DOE to review its 
comments on the room AC test procedure notice of proposed rulemaking 
(``NOPR'') \12\ and consider provisions to ensure that the measured 
performance for variable-speed portable ACs is representative of the 
performance expected with built-in controls. (California IOUs, No. 3 at 
p. 4)
---------------------------------------------------------------------------

    \12\ Documents related to the room AC test procedure rulemaking 
are available at https://www.regulations.gov/docket/EERE-2017-BT-TP-0012.
---------------------------------------------------------------------------

    Issue 28: DOE requests market data on the prevalence of variable-
speed portable ACs on the market now and in the future, and seeks 
comment on any recommended amendments to improve the alternate test 
procedure granted to LG.
    Issue 29: DOE requests comment on how the use of fixed speeds 
during testing represents expected field performance under built-in 
controls.
    Issue 30: DOE requests information on new technologies and designs 
(e.g., combined-duct configurations) to inform the test procedure 
development.

III. Submission of Comments

    DOE invites all interested parties to submit in writing by the date 
specified under the DATES heading, comments and information on matters 
addressed in this RFI and on other matters relevant to DOE's 
consideration of amended test procedures for portable ACs. These 
comments and information will aid in the development of a test 
procedure NOPR for portable ACs if DOE determines that amended test 
procedures may be appropriate for these products.
    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. Following this instruction, 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. Comments and documents submitted via 
email 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, and other information to DOE. Faxes will not 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,

[[Page 20053]]

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 to [email protected] with 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. 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].

Signing Authority

    This document of the Department of Energy was signed on April 9, 
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary 
and Acting Assistant Secretary for 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 April 13, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-07818 Filed 4-15-21; 8:45 am]
BILLING CODE 6450-01-P