[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Proposed Rules]
[Pages 34934-34977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11469]



[[Page 34933]]

Vol. 87

Wednesday,

No. 110

June 8, 2022

Part II





 Department of Energy





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10 CFR Parts 429 and 430





Energy Conservation Program: Test Procedure for Portable Air 
Conditioners; Proposed Rule

  Federal Register / Vol. 87 , No. 110 / Wednesday, June 8, 2022 / 
Proposed Rules  

[[Page 34934]]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 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: Notice of proposed rulemaking and request for comment.

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SUMMARY: The U.S. Department of Energy (``DOE'') proposes to amend the 
test procedure for portable air conditioners (``portable ACs'') to 
incorporate a measure of variable-speed portable AC performance and 
make minor clarifying edits. DOE also proposes a new test procedure to 
improve representativeness for all configurations of portable ACs, 
which relies on a substantively different measure of cooling capacity 
and energy consumption compared to the current portable AC test 
procedure. DOE is seeking comment from interested parties on the 
proposal.

DATES: 
    Comments: DOE will accept comments, data, and information regarding 
this proposal no later than August 8, 2022. See section V, ``Public 
Participation,'' for details.
    Meeting: DOE will hold a webinar on Wednesday, July 13, 2022, from 
1:00 p.m. to 4:00 p.m. See section V, ``Public Participation,'' for 
webinar registration information, participant instructions, and 
information about the capabilities available to webinar participants.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at 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: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: [email protected]. Include the docket 
number EERE-2020-BT-TP-0029 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. Telephone: 
(202) 287-1445. 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, 6th Floor, Washington, DC, 20024. Telephone: (202) 
287-1445. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    No telefacsimiles (``faxes'') will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section V of this document.
    Docket: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts (if a public meeting is held), 
comments, and other supporting documents/materials, is available for 
review at www.regulations.gov. All documents in the docket are listed 
in the 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 www.regulations.gov/docket/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 V for information on how to submit comments through 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Mr. Lucas Adin, 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) 287-5904. 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, review other 
public comments and the docket, or participate in a public meeting, 
contact the Appliance and Equipment Standards Program staff at (202) 
287-1445 or by email: [email protected].

SUPPLEMENTARY INFORMATION: DOE proposes to incorporate by reference the 
following draft industry standard into part 430:
    Association of Home Appliance Manufacturers (``AHAM'') PAC-1-2022 
Draft, (``AHAM PAC-1-2022 Draft''), ``Portable Air Conditioners''. AHAM 
PAC-1-2022 Draft is in draft form and its text was provided to the 
Department for the purposes of review only during the drafting of this 
NOPR. DOE intends to update the reference to the final published 
version of AHAM PAC-1-2022 Draft in the Final Rule, unless there are 
substantive changes between the draft and published versions, in which 
case DOE may adopt the substance of the AHAM PAC-1-2022 Draft or 
provide additional opportunity for comment on the changes to the 
industry consensus test procedure.
    A copy of AHAM PAC-1-2022 Draft is attached in this docket for 
review.
    DOE proposes to maintain and update the previously approved 
incorporations by reference for the following industry standards in 
part 430:
    ANSI/ASHRAE Standard 37-2009, (``ASHRAE 37-2009''), Methods of 
Testing for Rating Electrically Driven Unitary Air-Conditioning and 
Heat Pump Equipment, ANSI approved June 25, 2009.
    IEC 62301 (``IEC 62301''), Household electrical appliances--
Measurement of standby power, (Edition 2.0, 2011-01).
    DOE proposes to incorporate by reference the following industry 
standards into part 430:
    ANSI/ASHRAE 51-1999/ANSI/AMCA 210-99 (``ANSI/ASHRAE 51''), 
Laboratory Methods of Testing Fans for Certified Aerodynamic 
Performance Rating, ANSI approved December 2, 1999; ASHRAE approved 
June 23, 1999.
    ANSI/ASHRAE 41.1-1986 (Reaffirmed 2006), Standard Method for 
Temperature Measurement, approved February 18, 1987.
    ANSI/ASHRAE Standard 41.6-1994 (RA 2006), (``ASHRAE 41.6-1994''), 
Standard Method for Measurement of Moist Air Properties, ANSI 
reaffirmed on January 27, 2006.
    Copies of ANSI/ASHRAE Standard 51-1999, ANSI/ASHRAE Standard 41.1-
1986, and ANSI/ASHRAE Standard 41.6-1994 can be obtained from the 
American National Standards Institute at https://webstore.ansi.org/.
    For a further discussion of these standards see section IV.M of 
this document.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Synopsis of the Notice of Proposed Rulemaking
III. Discussion
    A. Scope of Applicability

[[Page 34935]]

    B. Test Procedure
    1. Updates to Industry Standards
    2. Harmonization With Other AC Product Test Procedures
    3. Variable-Speed Technology
    4. Representative Average Period of Use
    5. Cooling Mode
    6. Heating Mode
    7. Air Circulation Mode
    8. Dehumidification Mode
    9. Network Connectivity
    10. Infiltration Air, Duct Heat Transfer, and Case Heat Transfer
    C. Representations of Energy Efficiency
    D. Test Procedure Costs and Harmonization
    1. Test Procedure Costs and Impact
    2. Harmonization With Industry Standards
    E. Compliance Date and Waivers
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866 and 13563
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Description of Materials Incorporated by Reference
V. Public Participation
    A. Participation in the Webinar
    B. Procedure for Submitting Prepared General Statements for 
Distribution
    C. Conduct of the Webinar
    D. Submission of Comments
    E. Issues on Which DOE Seeks Comment
VI. Approval of the Office of the Secretary

I. Authority and Background

    DOE's test procedures for portable ACs are currently prescribed at 
title 10 of the Code of Federal Regulations (``CFR''), part 430, 
subpart B appendix CC (``appendix CC''). The DOE test procedure 
measures portable AC efficiency in terms of a combined energy 
efficiency ratio (``CEER''), which is the ratio of the amount of 
cooling provided by the portable AC to the amount of power it consumes 
to provide that cooling. The current portable AC test procedure 
calculates this using a weighted average of performance at two 
different test conditions. The following sections discuss DOE's 
authority to establish test procedures for portable ACs and relevant 
background information regarding DOE's consideration of test procedures 
for this product.

A. Authority

    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), which reflect the last statutory amendments that impact 
Parts A and A-1 of EPCA.
    \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).
    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))
    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))
    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))
    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. (42 U.S.C. 6295(gg)(2)(A)) Standby mode and off 
mode energy consumption must be incorporated into the overall energy 
efficiency, energy consumption, or other energy descriptor for each 
covered product unless the current test procedures already account for 
and incorporate standby and off mode energy consumption or such 
integration is technically infeasible. If an integrated test procedure 
is technically infeasible, DOE must prescribe a separate standby mode 
and off mode energy use test procedure for the covered product, if 
technically feasible. (42 U.S.C. 6295(gg)(2)(A)(ii)) Any such amendment 
must consider the most current versions of the International 
Electrotechnical Commission (``IEC'') Standard 62301 \3\ and IEC 
Standard 62087 \4\ as applicable. (42 U.S.C. 6295(gg)(2)(A))
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    \3\ IEC 62301, Household electrical appliances--Measurement of 
standby power (Edition 2.0, 2011-01).
    \4\ IEC 62087, Methods of measurement for the power consumption 
of audio, video, and related equipment (Edition 3.0, 2011-04).
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    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 or period of 
use. (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

[[Page 34936]]

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. 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. (42 U.S.C. 6293(b)(2)) If DOE determines that test procedure 
revisions are not appropriate, DOE must publish its determination not 
to amend the test procedures. DOE is publishing this notice of proposed 
rulemaking (``NOPR'') in satisfaction of the 7-year review requirement 
specified in EPCA. (42 U.S.C. 6293(b)(1)(A))

B. Background

    As stated, DOE's existing test procedures for portable ACs appear 
at appendix CC. DOE established 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 without undue 
test 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 10 CFR part 429.
    On June 2, 2020, DOE published a Decision and Order granting a 
waiver to LG Electronics USA, Inc. (``LG'') for basic models of single-
duct variable-speed portable ACs to account for variable-speed portable 
AC performance under multiple outdoor temperature operating conditions, 
thus yielding more representative results. 85 FR 33643 (Case No. 2018-
004, ``LG Waiver'').
    On November 5, 2020, DOE published in the Federal Register an early 
assessment review request for information (``RFI'') (``November 2020 
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.
    On April 6, 2021, DOE published a notice of interim waiver for GD 
Midea Air Conditioning Equipment Co. LTD. (``Midea''), which issued a 
similar alternate test procedure to that from the LG Waiver with 
additional specifications to accommodate the combined-duct 
configurations of the specified Midea basic models. 86 FR 17803 (Case 
No. 2020-006, ``Midea Interim Waiver'').
    On April 16, 2021, DOE published in the Federal Register an RFI 
(``April 2021 RFI'') seeking 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. In the April 2021 RFI, DOE 
requested comments, information, and data about a number of issues, 
including (1) updates to industry test standards, (2) test 
harmonization, (3) energy use measurements, (4) representative average 
period of use, (5) test burden, 6) heat transfer measurements and 
calculations, (7) heating mode, fan-only mode, and dehumidification 
mode, (8) network connectivity, (9) part-load performance and load-
based testing, (10) spot coolers, and (11) test procedure waivers. 86 
FR 20044.
    DOE received comments in response to the April 2021 RFI from the 
interested parties listed in Table I.1.

   Table I.1--Written Comments Received in Response to April 2021 RFI
------------------------------------------------------------------------
                                   Reference in this
          Commenter(s)                   NOPR           Commenter type
------------------------------------------------------------------------
Association of Home Appliance     AHAM..............  Trade Association.
 Manufacturers.
Keith Rice......................  Rice..............  Individual.
Northwest Energy Efficiency       NEEA..............  Efficiency
 Alliance.                                             Organization.
Appliance Standards Awareness     Joint Commenters..  Efficiency
 Project, Consumer Federation of                       Organizations.
 America, Natural Resources
 Defense Council.
Pacific Gas and Electric          California IOUs...  Utility.
 Company, Southern California
 Gas Company, Southern
 California Edison, and San
 Diego Gas and Electric Company
 (collectively, the California
 Investor-Owned Utilities).
------------------------------------------------------------------------

    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\5\
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    \5\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
test procedures for portable ACs. (Docket No. EERE-2020-BT-TP0029, 
which is maintained at www.regulations.gov). The references are 
arranged as follows: (commenter name, comment docket ID number, page 
of that document).
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    A list of additional abbreviations and acronyms for terms defined 
in this document are provided in Table I.2.

                                  Table I.1--List of Abbreviations and Acronyms
----------------------------------------------------------------------------------------------------------------
                       Abbreviation/acronym                                      Term in this NOPR
----------------------------------------------------------------------------------------------------------------
AC...............................................................  Air conditioner.
ACC..............................................................  Adjusted cooling capacity.
AEC..............................................................  Annual energy consumption.
AEER.............................................................  Annualized energy efficiency ratio.
AHRI.............................................................  Air-Conditioning, Heating, and Refrigeration
                                                                    Institute.
ANSI.............................................................  American National Standard Institute.
ASHRAE...........................................................  American Society of Heating, Refrigerating
                                                                    and Air-Conditioning Engineers.
Btu/h............................................................  British thermal units per hour.

[[Page 34937]]

 
Btu/h-ft\2\-[deg]F...............................................  British thermal units per hour-square foot-
                                                                    degree Fahrenheit.
Btu/Wh...........................................................  British thermal units per watt-hour.
CBI..............................................................  Confidential business information.
Cd...............................................................  Cooling degradation coefficient.
CEER.............................................................  Combined energy efficiency ratio.
CF...............................................................  Cycling factor.
CFR..............................................................  Code of Federal Regulations.
COVID-19.........................................................  Coronavirus 2019.
DOE..............................................................  U.S. Department of Energy.
[deg]F...........................................................  Degrees Fahrenheit.
E.O..............................................................  Executive order.
EPCA.............................................................  Energy Policy and Conservation Act.
FEAA.............................................................  Federal Energy Administration Authorization
                                                                    Act of 1977.
FTC..............................................................  Federal Trade Commission.
IEC..............................................................  International Electrotechnical Commission.
IRFA.............................................................  Initial regulatory flexibility analysis.
ISO..............................................................  International Organization for
                                                                    Standardization.
kWh..............................................................  Kilowatt-hours.
LBNL.............................................................  Lawrence Berkeley National Laboratory.
MAEDbS...........................................................  Modernized Appliance Efficiency Database
                                                                    System.
NAFTA............................................................  North American Free Trade Agreement.
NAICS............................................................  North American Industry Classification
                                                                    System.
NOPR.............................................................  Notice of proposed rulemaking.
OEM..............................................................  Original equipment manufacturer.
OIRA.............................................................  Office of Information and Regulatory Affairs.
OMB..............................................................  Office of Management and Budget.
PAF..............................................................  Performance adjustment factor.
RECS.............................................................  Residential Energy Consumption Survey.
RFI..............................................................  Request for information.
SACC.............................................................  Seasonally adjusted cooling capacity.
SBA..............................................................  Small Business Administration.
UMRA.............................................................  Unfunded Mandates Reform Act of 1995.
USMCA............................................................  Agreement between the United States of
                                                                    America, the United Mexican States, and
                                                                    Canada
----------------------------------------------------------------------------------------------------------------

II. Synopsis of the Notice of Proposed Rulemaking

    In this NOPR, DOE proposes to (1) amend 10 CFR 429.4 ``Materials 
incorporated by reference'' and 10 CFR 429.62, ``Portable air 
conditioners;'' (2) update 10 CFR 430.2, ``Definitions'' and 10 CFR 
430.23, ``Test procedures for the measurement of energy and water 
consumption'' to address combined-duct portable ACs; (3) amend appendix 
CC, ``10 CFR Appendix CC to Subpart B of Part 430--Uniform Test Method 
for Measuring the Energy Consumption of Portable Air Conditioners;'' 
and (4) adopt a new appendix CC1, ``appendix CC1 to subpart B of part 
430--Uniform Test Method for Measuring the Energy Consumption of 
Portable Air Conditioners,'' as summarized in Tables II.1 through II.4 
of this document, respectively.
    In this NOPR, DOE proposes to amend 10 CFR 429.4 ``Materials 
incorporated by reference'' and 10 CFR 429.62, ``Portable air 
conditioners'' as follows:
    (1) Incorporate by reference AHAM PAC-1-2022 Draft, ``Portable Air 
Conditioners'' (``AHAM PAC-1-2022 Draft'') which includes an industry-
accepted method for testing variable-speed portable ACs, in 10 CFR 
429.4; and
    (2) Add rounding instructions for the seasonally adjusted cooling 
capacity (``SACC'') and annualized energy efficiency ratio (``AEER'') 
in 10 CFR 429.62;
    DOE's proposed actions in 10 CFR 429.4 and 429.62 are summarized in 
Table II.1 compared to the current 10 CFR 429.4 and 429.62, as well as 
the reason for the proposed change.

   Table II.1--Summary of Changes in Proposed 10 CFR 429.4 and 429.62
               Relative to Current 10 CFR 429.4 and 429.62
------------------------------------------------------------------------
                                    Proposed 10 CFR
 Current 10 CFR 429.4 and 429.62   429.4 and 429.62       Attribution
------------------------------------------------------------------------
10 CFR 429.4 incorporates by      Adds incorporation  Updated industry
 reference American National       by reference in     test procedure.
 Standard Institute (``ANSI'')/    10 CFR 429.4 of
 AHAM PAC-1-2015.                  AHAM PAC-1-2022
                                   Draft.
10 CFR 429.62 requires rounding   Adds to 10 CFR      To increase the
 based on AHAM PAC-1-2015.         429.62 rounding     reproducibility
                                   instructions for    of the test
                                   SACC and AEER       procedure.
                                   when using
                                   appendix CC1.
------------------------------------------------------------------------

    In this NOPR, DOE also proposes to update 10 CFR 430.2, 
``Definitions'' and 10 CFR 430.23, ``Test procedures for the 
measurement of energy and water consumption'' as follows:
    (1) Add a definition for the term ``combined-duct'' to 10 CFR 
430.2; and
    (2) Add requirements to determine estimated annual operating cost 
for single-duct and dual-duct variable-speed portable ACs in 10 CFR 
430.23.

[[Page 34938]]

    DOE's proposed actions in 10 CFR 430.2 and 430.23 are summarized in 
Table II.2 compared to the current 10 CFR 430.2 and 430.23, as well as 
the reason for the proposed change.

   Table II.2--Summary of Changes in Proposed 10 CFR 430.2 and 430.23
               Relative to Current 10 CFR 430.2 and 430.23
------------------------------------------------------------------------
                                    Proposed 10 CFR
 Current 10 CFR 430.2 and 430.23   430.2 and 430.23       Attribution
------------------------------------------------------------------------
10 CFR 430.2 does not define      Adds a definition   Test procedure
 combined-duct portable ACs.       to 10 CFR 430.2     waiver.
                                   for combined-duct
                                   pertaining to
                                   portable ACs.
10 CFR 430.23 does not have a     Adds a method to    Test procedure
 method to estimate annual         10 CFR 430.23 to    waiver.
 operating cost for single-duct    estimate annual
 and dual-duct variable-speed      operating cost
 portable ACs.                     for single-duct
                                   and dual-duct
                                   variable-speed
                                   portable ACs.
------------------------------------------------------------------------

    In this NOPR, DOE also proposes to amend appendix CC to subpart B 
of part 430--Uniform Test Method for Measuring the Energy Consumption 
of Portable Air Conditioners'' as follows:
    (1) Add definitions in section 2 for ``combined-duct,'' ``single-
speed,'' ``variable-speed,'' ``full compressor speed (full),'' ``low 
compressor speed (low),'' and ``theoretical comparable single-speed;''
    (2) Divide section 4.1 into two sections, 4.1.1 and 4.1.2, for 
single-speed and variable-speed portable ACs, respectively, and detail 
configuration-specific cooling mode testing requirements for variable-
speed portable ACs;
    (3) Add a requirement in section 4.1.2 that, for variable-speed 
portable ACs, the full compressor speed at the 95 degree Fahrenheit 
(``[deg]F'') test condition be achieved with user controls, and the low 
compressor speed at the 83 [deg]F test condition be achieved with 
manufacturer-provided settings or controls;
    (4) Add a cycling factor (``CF'') in section 5.5.1;
    (5) Add a requirement to calculate SACC with full compressor speed 
at the 95 [deg]F test condition and low compressor speed at the 83 
[deg]F test condition in sections 5.1 and 5.2, consistent with the LG 
waiver and Midea interim waiver, with an additional requirement for 
variable-speed portable ACs to represent SACC with full compressor 
speed for both test conditions (``SACCFull''), and;
    (6) Add a requirement in section 3.1.2 that, if a portable AC has 
network functions, all network functions must be disabled throughout 
testing if such settings can be disabled by the end-user and the 
product's user manual provides instructions on how to do so. If the 
network functions cannot be disabled by the end-user, or the product's 
user manual does not provide instruction for disabling network 
settings, test the unit with the network settings in the factory 
default configuration for the duration of the test.
    DOE's proposed actions in appendix CC are summarized in Table II.3 
compared to the current appendix CC, as well as the reason for the 
proposed change.

    Table II.3--Summary of Changes in Proposed Appendix CC to Current
                               Appendix CC
------------------------------------------------------------------------
                                   Proposed appendix
       Current appendix CC                CC              Attribution
------------------------------------------------------------------------
Does not specify compressor type  Adds definitions    Test procedure
 or include variable-speed         for single-speed    waiver.
 portable ACs.                     and variable-
                                   speed pertaining
                                   to portable ACs
                                   and additional
                                   compressor speed
                                   definitions.
Specifies cooling mode            Adds cooling mode   Test procedure
 requirements and subsequent       requirements and    waiver.
 calculations for single-speed     subsequent
 portable ACs.                     calculations for
                                   variable-speed
                                   portable ACs.
Does not specify requirements to  Adds a requirement  Test procedure
 achieve compressor speeds.        that the full       waiver.
                                   compressor speed
                                   at the 95 [deg]F
                                   test condition be
                                   achieved with
                                   user controls and
                                   the low
                                   compressor speed
                                   at the 83 [deg]F
                                   test condition be
                                   achieved with
                                   manufacturer
                                   settings.
Does not include a CF...........  Adds a CF to        Test procedure
                                   determine a         waiver.
                                   theoretical
                                   single-speed
                                   portable AC
                                   cooling capacity.
Calculates SACC for single-speed  Adds equations to   Test procedure
 portable ACs.                     calculate SACC      waiver and ensure
                                   for variable-       comparability
                                   speed portable      between single-
                                   ACs. Requires       speed and
                                   that the full       variable-speed
                                   compressor speed    capacity ratings.
                                   be used to
                                   determine
                                   capacity at the
                                   95 [deg]F test
                                   and the low
                                   compressor speed
                                   be used to
                                   determine
                                   capacity at the
                                   83 [deg]F test
                                   condition.
                                   Requires
                                   additional
                                   representation of
                                   new metric,
                                   SACCFull, using
                                   the full
                                   compressor speed
                                   at the 83 [deg]F
                                   test condition.
Does not specify address          Adds a requirement  To ensure
 portable ACs with network         that, if a          reproducibility
 functions.                        portable AC has     of the test
                                   network             procedure.
                                   functions, all
                                   network functions
                                   must be disabled
                                   throughout
                                   testing.
------------------------------------------------------------------------

    In this NOPR, DOE additionally proposes to adopt a new ``appendix 
CC1 to subpart B of part 430--Uniform Test Method for Measuring the 
Energy Consumption of Portable Air Conditioners'' which would:
    (1) Incorporate by reference parts of AHAM PAC-1-2022 Draft, which 
includes an industry-accepted method for testing variable-speed 
portable ACs;
    (2) Adopt a new efficiency metric, AEER, to calculate more 
representatively the efficiency of both

[[Page 34939]]

variable-speed and single-speed portable ACs;
    (3) Amend the annual operating hours;
    (4) Update the SACC and CEER equations for both single-speed and 
variable-speed portable ACs;
    (5) Apply a CF to single-speed portable AC efficiency; and
    (6) Add a requirement that, if a portable AC has network functions, 
all network functions must be disabled throughout testing. If the 
network functions cannot be disabled by the end-user, or the product's 
user manual does not provide instruction for disabling network 
settings, then test the unit with the network function settings in the 
factory default configuration for the duration of the test.
    Key aspects of DOE's proposed new appendix CC1 are described in 
Table II.4 compared to the current appendix CC, as well as the reason 
for the proposed new appendix CC1.

 Table II.4--Summary of Proposed New Appendix CC1 to Current Appendix CC
------------------------------------------------------------------------
                                     Proposed new
       Current appendix CC           appendix CC1         Attribution
------------------------------------------------------------------------
Incorporates by reference ANSI/   Incorporates by     Updated industry
 AHAM PAC-1-2015.                  reference AHAM      test procedure.
                                   PAC-1-2022 Draft.
Specifies cooling mode            Adds cooling mode   To improve
 requirements and subsequent       requirements,       representativenes
 calculations for single-speed     operating hours,    s of the test
 portable ACs.                     and a new           procedure.
                                   efficiency metric.
Calculates SACC and CEER for      Adds equations to   To improve
 single-speed portable ACs.        calculate SACC      representativenes
                                   and CEER for        s of the test
                                   variable-speed      procedure.
                                   portable ACs and
                                   updates the SACC
                                   and CEER
                                   equations for
                                   single-speed
                                   portable ACs.
Does not include a CF...........  Applies a CF to     To improve
                                   single-speed        representativenes
                                   portable AC         s of the test
                                   efficiency.         procedure.
Does not specify address          Adds a requirement  To ensure
 portable ACs with network         that, if a          reproducibility
 functions.                        portable AC has     of the test
                                   network             procedure.
                                   functions, all
                                   network functions
                                   must be disabled
                                   throughout
                                   testing.
------------------------------------------------------------------------

    Under 42 U.S.C. 6293(e)(1), DOE is required to determine whether an 
amended test procedure will alter the measured energy use of any 
covered product. If an amended test procedure does alter measured 
energy use, DOE is required to make a corresponding adjustment to the 
applicable energy conservation standard to ensure that minimally 
compliant covered products remain compliant. (42 U.S.C. 6293(e)(2)) DOE 
has tentatively determined that the proposed amendments described in 
section III of this NOPR would not alter the measured efficiency of 
single-speed portable ACs that are rated using the test procedure that 
is currently required for testing, i.e., appendix CC. DOE has also 
tentatively determined that the proposed amendments to appendix CC 
described in section III and Table II.2 of this NOPR, if made final, 
could alter the measured efficiency and capacity of variable-speed 
portable ACs that are currently subject to waivers. Appendix CC does 
not currently have separate provisions for variable-speed portable ACs. 
DOE is proposing to establish a test method for such units that would 
address the ability of variable-speed compressors to adjust their 
operating speed based on the demand load of the conditioned space. 
Although the measured efficiency could change for variable-speed 
portable ACs that are currently subject to waivers, DOE has tentatively 
determined that this proposal would not require an adjustment to the 
energy conservation standard for portable ACs to ensure that minimally 
compliant portable ACs would remain compliant. DOE reached this 
conclusion because variable-speed portable ACs currently on the market 
are not representative of minimally compliant units.
    DOE also has tentatively determined that the proposed adoption of a 
new appendix CC1 described in section III and Table II.3 of this NOPR 
would alter the measured efficiency of portable ACs. DOE proposes that 
testing according to the proposed new appendix CC1, if made final, 
would not be required until compliance is required with amended energy 
conservation standards that are based on the proposed new appendix CC1, 
should such standards be established. Additionally, DOE has tentatively 
determined that the proposed amendments, if made final, would not 
increase the cost of testing. Discussion of DOE's proposed actions are 
addressed in detail in section III of this NOPR.

III. Discussion

A. Scope of Applicability

    DOE defines 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. 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.
    DOE has established definitions for two portable AC configurations: 
``single-duct portable air conditioner'' and ``dual-duct portable air 
conditioner.'' 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.
    In the April 2021 RFI, DOE sought comment on whether the current 
definitions of ``portable air conditioner,'' ``single-duct portable air 
conditioner,'' and ``dual-duct portable air conditioner'' require 
amendment, and if so, how the terms should be defined. 86 FR 20044, 
20046 (Apr. 17, 2021). DOE specifically requested comment on whether 
the existing 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 were 
recommended, DOE sought information on what identifying characteristics 
may be included in potential amended or new definitions.

[[Page 34940]]

    DOE received no comments related to the definitions in response to 
the April 2021 RFI. In the Midea Interim Waiver, DOE specified a 
definition for ``combined-duct portable air conditioner'' as part of 
the alternate test procedure. 86 FR 17803, 17808. Since this duct 
configuration was not previously defined, DOE proposes to define 
``combined-duct'' in 10 CFR 430.2 specifically as ``for a portable air 
conditioner, the condenser inlet and outlet air streams flow through 
separate ducts housed in a single duct structure.''
    DOE is not proposing amendments to the definitions for ``portable 
air conditioner,'' ``single-duct portable air conditioner,'' and 
``dual-duct portable air conditioner'' as codified in 10 CFR 430.2, at 
this time. DOE requests comment on the proposed definition of 
``combined duct.''
    In the April 2021 RFI, DOE also discussed a comment received in 
which NEEA stated that ``spot coolers'' are not currently covered by 
the portable AC test procedure, and 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). 86 FR 20044, 
20051. 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. Id. In response, DOE sought information regarding the 
availability of any portable ACs that provide cooling in a similar 
manner to single-duct and dual-duct portable ACs but that do not meet 
either of the definitions for a single-duct or dual-duct portable AC at 
10 CFR 430.2. Id.
    DOE received no comments providing additional information regarding 
spot coolers. In the 2016 Final Rule, DOE identified the presence of an 
adjustable window mounting bracket as a primary feature of single-duct 
and dual-duct portable ACs. 81 FR 35245 (Jun. 1, 2016). In that final 
rule and in subsequent market reviews, DOE found no spot coolers with 
an adjustable window mounting bracket. These flexible mounting brackets 
for condenser inlet and exhaust ducts are required for the portable AC 
configurations addressed by the portable AC test procedure. Therefore, 
in this NOPR, DOE is not proposing any amendments to the scope or 
definitions related to spot coolers.

B. Test Procedure

    Portable ACs are currently tested in accordance with appendix CC, 
which incorporates by reference American National Standard Institute 
(``ANSI'')/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 [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, 4.1.2, and 4.2 of appendix CC. 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 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 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.
    In response to the April 2021 RFI, DOE received a comment from AHAM 
stating that there is no immediate need to amend the portable AC test 
procedure, given the backlog of other overdue rules and the fact that 
the applicable energy conservation standards compliance date is not 
until 2025. In addition, AHAM stated that it does not believe the 
existing test procedure needs to be revised other than to make updates 
to incorporate the existing waivers. AHAM recommended collaborating 
with AHAM and other stakeholders on this test procedure through the 
consensus process so that the rulemaking process can be streamlined. 
(AHAM, No. 8 at p. 2) DOE notes that, at the time of the comment, AHAM 
and its working group were still working on an update to AHAM PAC-1-
2015.
    As stated, DOE is conducting this rulemaking in accordance with the 
periodic review provision in EPCA that requires ``at least once every 7 
years, the Secretary shall review test procedures for all covered 
products including portable ACs and (i) amend test procedures with 
respect to any covered product, if the Secretary determines that 
amended test procedures would more accurately or fully comply with the 
requirements of paragraph (3); or (ii) publish notice in the Federal 
Register of any determination not to amend a test procedure.'' (42 
U.S.C. 6293, (b)(1)(A)) In addition, DOE's regulations at 10 CFR 
430.27(l) require that as soon as practicable after the granting of any 
waiver, DOE will publish in the Federal Register a NOPR to amend its 
regulations so as to eliminate any need for the continuation of such 
waiver. As soon thereafter as practicable, DOE will publish in the 
Federal Register a final rule. 10 CFR 430.27(l).
    AHAM further commented that, as DOE evaluates potential changes, it 
should be mindful that it will take time before many new features, 
designs, and technologies lend themselves to a ``representative 
average'' consumer use. AHAM therefore stated that DOE should ensure 
that the portable AC test procedure does not prematurely address new 
designs which may not yet have an average use or be in common use by 
measuring their energy use, asserting that doing so could stifle 
innovation. (AHAM, No. 8 at p. 4)
    DOE notes an important distinction between the requirements of EPCA 
and AHAM's comment regarding ``representative average'' consumer use as 
measured by the test procedure. AHAM's comment suggests that testing 
new features, designs, or technologies is not necessary because, 
according to AHAM, such features may not yet be in common use on the 
market. However, under EPCA, DOE is not required to develop a test 
procedure for the ``average'' portable AC on the market. Instead, DOE 
is required to develop a test procedure that measures energy use or 
efficiency for all models of portable ACs during a representative 
average use

[[Page 34941]]

cycle or period of use (among other considerations). (42 U.S.C. 
6293(b)(3))
1. Updates to Industry Standards
    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 that the existing test procedure need not be 
significantly revised, and that the primary changes necessary are those 
that incorporate the LG Waiver and Midea Interim Waiver. AHAM commented 
that its PAC-1 task force is discussing broader issues for potential 
consideration and will add the issues raised in the April 2021 RFI to 
that discussion. AHAM stated that the PAC-1 task force is actively 
pursuing an update to ANSI/AHAM PAC-1-2015 that would account for 
variable-speed products and is discussing some of the issues DOE raised 
in the April 2021 RFI, such as definitions, usage data, repeatability 
and reproducibility, test burden, infiltration air and duct heat 
transfer, variable-speed product testing, and spot coolers. AHAM 
further stated that this test procedure development is on a fast track 
and urged DOE to allow the process to complete before taking additional 
rulemaking steps and, so long as the test procedure is consistent with 
the EPCA requirements, as they expect it will be, to adopt the 
resulting procedure per the Process Rule, section 8(c).\6\ AHAM stated 
it will update the docket when the procedure is complete. (AHAM, No. 8 
at pp. 1-2)
---------------------------------------------------------------------------

    \6\ Section 8(c) of appendix A of 10 CFR part 430 subpart C, The 
Procedures, Interpretations, and Policies for Consideration in New 
or Revised Energy Conservation Standards and Test Procedures for 
Consumer Products and Commercial/Industrial Equipment (``appendix 
A'') provides guidelines on the adoption of industry test methods as 
DOE test procedures for covered products and equipment. DOE updated 
appendix A in a final rule published in the Federal Register on 
December 13, 2021. 86 FR 70892. The updates included allowance for 
the adoption of industry test methods with modifications or the use 
of test methods crafted by DOE as necessary to ensure compatibility 
with the relevant statutory requirements, as well as DOE's 
compliance, certification, and enforcement requirements.
---------------------------------------------------------------------------

    A new draft version of ANSI/AHAM PAC-1 has begun development since 
the publication of the current DOE test procedure; i.e., AHAM PAC-1-
2022 Draft. DOE assessed this draft version to determine if any updates 
to the DOE test procedure were warranted. As discussed in later 
sections in this NOPR, DOE is proposing to adopt AHAM PAC-1-2022 Draft 
in a new appendix CC1, including a new efficiency metric, AEER, and a 
capacity metric, SACC, that is comparable for both single-speed and 
variable-speed models. If AHAM publishes a final version of PAC-1-2022 
Draft prior to DOE publishing a final rule, DOE intends to update the 
referenced industry test standard in the DOE test procedure to 
reference the latest version of AHAM PAC-1. If a finalized version of 
AHAM PAC-1-2022 Draft is not published before the final rule or if 
there are substantive changes between the draft and published versions 
of AHAM PAC-1-2022, DOE may adopt the substance of the AHAM PAC-1-2022 
Draft or provide additional opportunity for comment on the final 
version of that industry consensus standard. Due to the substantive 
difference in measures of capacity and energy efficiency, DOE proposes 
to continue referencing ANSI/AHAM PAC-1-2015 in appendix CC, with 
amendments to include the variable-speed waiver approaches as discussed 
below. Until appendix CC1 takes effect, DOE proposes to add to appendix 
CC a capacity metric for variable-speed models, SACCFull, 
that is comparable to SACC for single-speed models.
    Both ANSI/AHAM PAC-1-2015 and AHAM PAC-1-2022 Draft reference ANSI/
ASHRAE Standard 37-2009, which references certain industry test 
standards in specifying test conditions, measurements, and setup. DOE 
is also proposing to incorporate those industry standards specified in 
the relevant sections of ANSI/ASHRAE Standard 37-2009. Specifically, 
DOE is proposing to incorporate by reference ANSI/ASHRAE Standard 51-
1999 (also referred to as ANSI/AMCA 210-1999), as referenced in section 
6.2, ``Nozzle Airflow Measuring Apparatus,'' of ANSI/AHAM PAC-1-2015 
and AHAM PAC-1-2022 Draft, for static pressure tap placement. DOE is 
also proposing to incorporate by reference ANSI/ASHRAE Standard 41.1-
1986 and ANSI/ASRHAE Standard 41.6-1994 (RA 2006), as referenced in 
section 5.1, ``Temperature Measuring Instruments,'' of AHAM PAC-1-2022 
Draft, for measuring dry-bulb temperature and humidity, respectively. 
Incorporating these standards will clarify which versions of the 
standards are required to conduct tests according to the procedure in 
appendices CC and CC1.
    Appendix CC Proposal: DOE is not proposing any amendments to revise 
the ANSI/AHAM PAC-1-2015 reference in appendix CC. DOE proposes to 
amend appendix CC to account for the difference in efficiency resulting 
from the ability of variable-speed models to adjust their compressor 
operating speed based on the demand load of the conditioned space, as 
addressed in the LG waiver and Midea interim waiver. DOE is also 
proposing to incorporate by reference ANSI/ASHRAE Standard 51-1999. 
This proposal would otherwise generally maintain the existing test 
procedure approach, which is the basis for the energy conservation 
standards for which compliance is required beginning in 2025, 
established in the energy conservation standards final rule published 
by DOE on January 10, 2020 (``January 2020 Final Rule''). 85 FR 1378.
    DOE requests comment on the proposal to incorporate by reference 
ANSI/ASHRAE Standard 51-1999 in appendix CC, with modifications to 
address comparability and representativeness.
    Appendix CC1 Proposal: DOE proposes to adopt a new appendix CC1 
that would incorporate by reference AHAM PAC-1-2022 Draft, with some 
modifications as discussed in section III.B.5 of this document. DOE is 
also proposing to incorporate those industry standards specified in the 
relevant sections of ANSI/ASHRAE Standard 37-2009. Specifically, DOE is 
proposing to incorporate by reference: ANSI/ASHRAE Standard 41.1-1986, 
ANSI/ASRHAE Standard 41.6-1994 (RA 2006), ANSI/ASHRAE Standard 51-1999. 
The newly proposed appendix CC1 would simplify the portable AC test 
procedure for variable-speed portable ACs and improve 
representativeness and comparability among different portable AC 
configurations.
    DOE requests comment on the proposal to incorporate by reference 
AHAM PAC-1-2022 Draft in a new appendix CC1, with modifications to 
address comparability and representativeness and to incorporate ANSI/
ASHRAE Standard 41.1-1986, ANSI/ASRHAE Standard 41.6-1994 (RA 2006), 
ANSI/ASHRAE Standard 51-1999 in appendix CC1.
2. Harmonization With Other AC Product Test Procedures
    In the April 2021 RFI, DOE requested further information and usage 
data regarding setpoints, operating conditions, seasonal use, and 
installation time for portable ACs to inform the issue of harmonization 
of the test procedures for room ACs, portable ACs, and central ACs. 86 
FR 20044, 20047.
    NEEA stated that portable ACs and room ACs are potential 
substitutes for

[[Page 34942]]

one another and may be evaluated side-by-side by consumers, but that 
more data are needed to fully understand the usage characteristics and 
applications of each product category. NEEA expressed particular 
concern that, under the current test procedures for each product, 
portable ACs may appear more efficient in comparison to room ACs, 
whereas, as asserted by NEEA, the opposite is generally the case. NEEA 
recommended that DOE further evaluate the typical applications and 
operational hours for both portable ACs and room ACs and update the 
test procedures as necessary to ensure that consumers are provided with 
accurate information. (NEEA, No. 12 at p. 2)
    The California IOUs commented that DOE should align the portable AC 
test procedure with that of room ACs and central ACs to provide 
consumers with a direct energy performance comparison between products 
that provide similar utility. The California IOUs noted that the 
International Organization for Standardization (``ISO'') states that 
``the operational mode and features of such appliances [single duct 
portable ACs and heat pumps] are quite different from those of the 
well-known non-ducted ACs and heat pumps largely diffused worldwide and 
covered by ISO 5151.'' \7\ The California IOUs stated that considering 
how portable, room, and central AC test procedures have evolved over 
time and how they have been evaluated globally, they understand why DOE 
is unable to harmonize these test procedures. They noted, however, that 
the DOE room AC and portable AC energy conservation standards are both 
based on a metric named CEER. They encouraged DOE to consider changing 
the name of the reported energy efficiency metric for portable ACs to 
clarify to consumers that the portable AC and room AC metrics are not 
comparable. (California IOUs, No. 10 at pp. 2-4)
---------------------------------------------------------------------------

    \7\ ISO 5151: 2017 specifies performance testing, the standard 
conditions, and the test methods for determining the capacity and 
efficiency ratings of air-cooling air conditioners and air-to-air 
heat pumps.
---------------------------------------------------------------------------

    DOE recognizes that consumers may consider portable ACs and room 
ACs for the same applications, and that it would be helpful to 
consumers for the portable AC and room AC ratings to be comparable. 
However, as discussed in a NOPR published on February 25, 2015, DOE 
also expects that portable ACs and room ACs have different operating 
hours and are likely utilized differently by consumers. 80 FR 10211, 
10235. Accordingly, the portable AC and room AC test procedures have 
different operating hours and test conditions, and the resulting CEER 
metric for each test procedure measures the efficiency of the tested 
product during its representative period of use. In this NOPR, DOE is 
not proposing specific amendments to appendix CC or the proposed new 
appendix CC1 for the purpose of achieving harmonization with the test 
procedures for other AC products. Rather, DOE is proposing amendments 
in this rulemaking to address and improve the representativeness of the 
test procedure for portable ACs, as required by EPCA. (See 42 U.S.C. 
6293(b)(3)) In the future, DOE will continue to consider EPCA 
requirements and consumer usage data when amending both the portable AC 
and room AC test procedures. With respect to changing the name of the 
metric, DOE is proposing a new metric name for portable ACs, as 
discussed in section III.B.5.f of this document.
3. Variable-Speed Technology
    Portable ACs with variable-speed compressors have been introduced 
to the market since the last portable AC test procedure rulemaking. As 
compared to a portable AC with a single-speed compressor, a variable-
speed portable AC can use an inverter-driven variable-speed compressor 
to maintain the desired temperature without cycling the compressor 
motor and fans on and off. The unit responds to surrounding conditions 
by adjusting the compressor rotational speed based on the cooling 
demand. At reduced speeds, variable-speed compressors typically operate 
more efficiently than a single-speed compressor would under the same 
conditions. The current portable AC test procedure does not account for 
improved efficiency from the ability of variable-speed portable ACs to 
automatically adjust their compressor operating speed and overall 
performance based on the cooling load of the conditioned space.
    DOE has issued a test procedure waiver and an interim waiver that 
specify alternate test procedures for certain basic models of variable-
speed portable ACs. 85 FR 33643; 86 FR 17803.
    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. 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 single-speed unit in a representative period of use. Id.
    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 LG Waiver, with 
modifications to account for dual-duct models incorporating Midea's 
combined-duct technology.\8\ 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 the Midea 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.
---------------------------------------------------------------------------

    \8\ The Midea Petition for Waiver from Portable Air Conditioners 
Test Procedures (EERE-2020-BT-WAV-0023) is available at 
www.regulations.gov/docket/EERE-2020-BT-WAV-0023.
---------------------------------------------------------------------------

    Upon the compliance date of the test procedure provisions proposed 
in this NOPR to appendix CC, should they be adopted, the LG Waiver and 
Midea Interim Waiver would be terminated, as the proposed amendments to 
appendix

[[Page 34943]]

CC address the issues addressed by the waiver and interim waiver. 10 
CFR 430.27(h)(3).
    In the April 2021 RFI, DOE requested comment on potential 
amendments to the test procedure to address variable-speed portable 
ACs. 86 FR 20044.
    NEEA, the California IOUs, and the Joint Commenters noted that 
variable-speed portable ACs have become available on the market since 
the January 2020 Final Rule, pointing to the LG Waiver and Midea 
Interim Waiver as evidence of variable-speed portable AC market 
prevalence. (NEEA, No. 12 at p. 2; California IOUs, No. 10 at pp. 1-2; 
Joint Commenters, No. 9 at p. 2) The California IOUs further stated 
that these models are growing in popularity, citing prevalence on 
retail websites of one of the portable ACs that is subject to a waiver. 
(California IOUs, No. 10 at pp. 1-2) The California IOUs recommended 
that DOE update the portable AC test procedure to establish a uniform 
approach for accurately representing the energy performance benefits of 
variable-speed technology to provide consumers with the best 
information so they can make informed purchasing decisions. (California 
IOUs, No. 10 at pp. 1-2) NEEA recommended that DOE modify the portable 
AC test procedure to include variable-speed products in a way that 
accurately reflects their energy use and that testing be conducted at 
user-selected speeds to the maximum extent possible, as compared to 
proprietary manufacturer settings, to better reflect field performance. 
NEEA further stated that, given the potential for variable-speed 
products to save energy through increased efficiency at low loads and 
reduced cycling, it is important to capture this energy use accurately 
in the test procedure so that it can be evaluated in future standards 
rulemakings. (NEEA, No. 12 at p. 2) The California IOUs noted that 
amending the test procedure to account for variable-speed technology 
would allow DOE to remove the existing test procedure waivers, stating 
that amending the test procedure would make the waivers no longer 
necessary for an accurate representation of the products in question. 
(California IOUs, No. 10 at pp. 1-2) In incorporating the current test 
procedure waivers for variable-speed portable ACs into the DOE test 
procedure, the Joint Commenters and the California IOUs encouraged DOE 
to require that the ``full speed'' test be conducted using user 
controls to achieve the maximum cooling capacity to improve 
representativeness. (Joint Commenters, No. 9 at p. 2; California IOUs, 
No. 10 at pp. 1-2)
    As noted, DOE has issued a waiver and an interim waiver addressing 
the ability of variable-speed portable ACs to automatically adjust 
their compressor operating speed based on the cooling load of the 
conditioned space. Pursuant to DOE's waiver regulations, as soon as 
practicable after the granting of any waiver, DOE will publish in the 
Federal Register a NOPR to amend its regulations to eliminate any need 
for the continuation of such waiver. 10 CFR 430.27(l). As soon 
thereafter as practicable, DOE will publish in the Federal Register a 
final rule. Id.
    In accordance with the requirements of 10 CFR 430.27(l), DOE is 
proposing to amend appendix CC to adopt test methods and SACC and CEER 
calculations for variable-speed units, consistent with those in the LG 
and Midea Waivers. These test methods involve testing variable-speed 
portable ACs at three conditions: the two test conditions used for 
single-speed units and one additional low-compressor-speed test 
condition conducted at 83 [deg]F. The low compressor speed would be 
achieved and maintained using instructions provided by the manufacturer 
as supplemental test information.
    Additionally, DOE is proposing changes to ensure comparability of 
metrics. Under the current appendix CC, SACC captures the reduced 
capacity at low outdoor temperature (83 [deg]F) for variable-speed 
units but not for single-speed units, because the procedure does not 
allow single-speed units to cycle, as they would in normal operation. 
Under the proposed appendix CC, the represented value of both variable-
speed and single-speed unit capacities at the low temperature would be 
based on full speed, with a new SACCFull metric for 
variable-speed units. Although it does not reflect normal operation, 
this approach creates a fair comparison and does not affect the current 
metric for single-speed units. Under appendix CC1, SACC would reflect 
the reduced capacity at low outdoor temperature for both types.
    DOE proposes to require variable-speed portable AC manufacturers to 
make capacity representations with a new capacity metric, 
SACCFull, while appendix CC is used. As described in the 
following detail, the SACCFull metric would allow consumers 
to compare single-speed portable AC and variable-speed portable AC 
capacities on a like-for-like basis, when a manufacturer certifies in 
accordance with appendix CC. Upon the effective date and universal use 
of appendix CC1, this SACCFull metric would no longer be 
necessary, as the SACC metric in appendix CC1 would take into account 
the reduced cooling capacity provided by both single-speed and 
variable-speed basic models. DOE would consider reporting requirements 
necessary for certifying compliance with energy conservation standards 
of covered appliances in a separate rulemaking, and would address 
reporting requirements for SACCFull at that time.
    In the LG Waiver, DOE required that the ``full speed'' 95 [deg]F 
outdoor temperature test be conducted using a maximum compressor speed 
achieved using instructions provided by the portable AC manufacturer. 
85 FR 33643, 33651. In the Midea Interim Waiver, DOE altered this 
requirement to require that the maximum compressor speed be reached by 
adjusting user controls such that the compressor runs continuously 
under a full cooling load. 86 FR 17803, 17809. DOE made this change 
based on its own test data and the advice of commenters. Achieving full 
compressor speed with user controls (i.e., native controls) rather than 
manufacturer-specified codes ensures that the maximum speed tested is 
representative of real-world performance. Accordingly, DOE proposes to 
amend appendix CC to adopt the test procedure provisions specified in 
the Midea Interim Waiver. DOE is also proposing to include such 
provisions in the proposed new appendix CC1.
    DOE is also proposing to amend the SACC calculations in appendix CC 
and in the proposed new appendix CC1. In the LG Waiver and Midea 
Interim Waiver, the alternate test procedures require the use of the 
low compressor speed at the 83 [deg]F test condition as the basis for 
the SACC calculation. 85 FR 33643, 33650 (June 2, 2020); 86 FR 17803, 
17811 (Apr. 6, 2021). The alternate test procedures require the use of 
the low compressor speed, as it would be the best representation of 
typical performance and cooling provided at the 83 [deg]F test 
condition. Therefore, as discussed in section III.B.5.c of this 
document, DOE proposes to adopt the waiver and interim waiver alternate 
test procedure approach and use the low compressor speed when 
determining variable-speed portable AC capacity at the 83 [deg]F test 
condition. However, DOE recognizes that cooling capacity is one of the 
primary metrics that manufacturers advertise to consumers, and that, 
when using appendix CC, the comparatively lower SACC values for 
variable-speed models resulting from using the low compressor speed at 
the 83 [deg]F test condition relative to comparable single-speed units 
(which do not operate continuously at a reduced speed but typically 
cycle at that

[[Page 34944]]

low temperature condition), may create an unwarranted competitive 
disadvantage for single-speed models in the market and confusion for 
consumers. Therefore, DOE is proposing to require manufacturers, when 
testing a variable-speed portable AC using appendix CC, to represent 
capacity using a new metric, SACCFull, using the full 
compressor speed at the 83 [deg]F test condition. DOE does not propose 
to define SACCFull in appendix CC1, nor require the use of 
such a metric for representations until the compliance date of any 
amended standards for portable ACs, when the use of appendix CC1 would 
be required. The proposed new appendix CC1 addresses single-speed 
portable AC performance at part-load under the low temperature 
condition (see the discussion of cycling losses and part-load operation 
in section III.5.e of this document), such that when using the proposed 
new appendix CC1, no such comparability issues would arise between the 
SACC values for single-speed and variable-speed AC units.
    The reduced cooling load typically observed at the 83 [deg]F test 
condition is not currently accounted for in appendix CC for either 
single-duct or dual-duct portable ACs. In the proposed new appendix 
CC1, DOE is proposing to adopt the most representative SACC calculation 
for all portable ACs. For a variable-speed portable AC, this value 
would be the measured cooling capacity for the unit operating with a 
low compressor speed at the 83 [deg]F test condition. For a single-
speed unit, this value would be the unit's cooling capacity measured at 
the 83 [deg]F test condition multiplied by a load factor--0.6 for 
single-duct units and 0.5363 for dual-duct units. This change would 
provide the most representative cooling capacity for both single-speed 
and variable-speed units, as would reflect the expected average rate of 
cooling when operating at the 83 [deg]F test condition, as indicated by 
the Air-Conditioning, Heating, and Refrigeration Institute (``AHRI'') 
Standard 210/240, ``Performance Rating of Unitary Air-conditioning & 
Air-source Heat Pump Equipment'' (``AHRI 210/240'') Building Load 
Calculation, found in section 11.2.1.2 of that standard. Both 
adjustments are discussed in section III.B.5.c of this document.
    In this NOPR, DOE proposes to amend appendix CC to adopt the CEER 
calculation from the LG Waiver and Midea Interim Waiver alternate test 
procedures for variable-speed portable ACs, with an updated cycling 
factor based on new test data (as discussed in section III.B.5.e of 
this document) to address the efficiency benefits associated with a 
variable-speed portable AC relative to a single-speed portable AC when 
operating at reduced test conditions. To maintain compatibility with 
the existing portable AC standards, DOE is not proposing to amend the 
CEER calculation in appendix CC for single-speed portable ACs.
    However, DOE is proposing to change the CEER calculation for both 
single-speed and variable-speed portable ACs in the proposed new 
appendix CC1 to account for cyclic behavior of single-speed portable 
ACs and to improve representativeness. This proposed approach entails 
changing the operating hours for all portable ACs, namely how off-cycle 
mode hours are allocated (see section III.4 of this document) and to 
include a cycling factor in the CEER equation for single-speed portable 
ACs to account for cycling efficiency losses outside of off-cycle mode. 
For detailed discussion of these changes, see section III.5.f of this 
document.
4. Representative Average Period of Use
a. Operational Modes
    The measured energy performance of a portable AC includes energy 
use 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 the April 2021 RFI, DOE sought 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. DOE also sought comment regarding whether the performance 
and energy use for these operational modes are appropriately addressed 
and captured in the DOE test procedure. 86 FR 20044, 20047-20048.
    DOE received comments on air circulation mode, dehumidification 
mode, and heating mode, which are discussed below in sections III.B.6, 
III.B.7, and III.B.8 of this document, respectively.
b. Hours of Operation
    As discussed in this section, DOE is proposing a revised set of 
annual operating hours for portable ACs, shown in Table III.2 of this 
document.
    To determine the energy use during a representative period of use, 
the current DOE 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. These operating hours were established in the June 2016 Final Rule. 
Because as at that time there was insufficient data for portable AC 
use, DOE derived these values from the existing operating hours 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 decreased because portable ACs are more likely to 
be unplugged outside of the cooling season as compared to room ACs, 
which are less portable.\9\ 81 FR 35241, 35258-35259. In the April 2021 
RFI, DOE stated it was unaware of any portable AC usage data sufficient 
to characterize representative consumer usage in a manner more 
representative than considered in the previous test procedure 
rulemaking, noted that no such data or data sources had been provided 
by commenters to date, and requested data regarding annual operating 
hours for all representative modes of operation for portable ACs. 86 FR 
20044, 20048.
---------------------------------------------------------------------------

    \9\ Further information regarding the development of the 
operating hours is provided in the February 25, 2015 NOPR and 
November 27, 2015 supplemental NOPR, available at 
www.regulations.gov/docket/EERE-2014-BT-TP-0014-0009 and 
www.regulations.gov/docket/EERE-2014-BT-TP-0014-0021, respectively.
---------------------------------------------------------------------------

    AHAM urged DOE not to rely on room AC data to determine annual 
operating hours for portable ACs, stating that portable and room ACs 
may be similar in some ways, but that usage of the products differs, as 
DOE recognized in the April 2021 RFI. AHAM stated that DOE should 
refrain from using room AC data to support rulemaking activity for 
portable ACs unless there is evidence that the data are a sufficient 
surrogate. (AHAM, No. 8 at p. 3) AHAM also asserted that, to establish 
or amend representative average use cycles or periods of use, DOE must 
have national, statistically significant, field use data (not surveys) 
on consumer use. Without such data, AHAM claimed that it is impossible 
and inappropriate for DOE to determine or change the average use cycle 
in a test procedure. AHAM asserted that EPCA does not contemplate test 
procedures that measure every possible cycle, combination of options, 
or use pattern; and that EPCA instead requires test procedures measure 
only a ``representative average use cycle or period of use.'' AHAM 
further stated that test procedures will inevitably become unduly 
burdensome to conduct if, to measure every possible kilowatt-hour, test 
procedures are amended to account for every possible cycle or pattern. 
AHAM urged DOE to focus on

[[Page 34945]]

representative, average use cycles. (AHAM, No. 8 at p. 3) AHAM did not 
provide data or identify data sources for portable AC use.
    DOE has been unable to identify nationally representative data and 
information regarding annual operating hours specifically for portable 
ACs independent from estimates based on room AC operating hours. DOE 
also considered whether operating hours for other air conditioning 
equipment could be relevant but found no evidence that changing the 
current portable AC operating hours that are based on room AC usage 
would be more representative. Therefore, DOE is not proposing to amend 
the operating hours in appendix CC.
    As discussed, DOE is proposing to address cycling behavior of 
single-speed portable ACs in the proposed new appendix CC1. When a 
single-speed portable AC setpoint is reached, the compressor 
automatically turns off and the unit enters off-cycle mode until the 
compressor reactivates according to the thermostat or temperature 
sensor signal. Whereas when a variable-speed portable AC setpoint is 
reached, the compressor continues to run, but at a lower speed to match 
the load, avoiding cycling and off-cycle mode operation entirely. As 
part of the proposal to address cycling behavior, DOE has assessed the 
annual operating hours for portable ACs in the proposed new appendix 
CC1 to more representatively account for cooling mode and off-cycle 
mode operation. For single-duct portable ACs, the current appendix CC 
specifies 750 annual operating hours for cooling mode. For dual-duct 
portable ACs, the current appendix CC specifies a total of 750 cooling 
mode hours apportioned between the two specified test conditions (95 
[deg]F and 83 [deg]F), with weighting factors of 0.2 and 0.8 applied to 
the 95 [deg]F and 83 [deg]F tests, respectively. In assigning these 
hours to cooling mode, the current portable AC test procedure does not 
account for the relationship between cyclic behavior and off-cycle mode 
as it relates to single-speed portable ACs in typical operation.
    To better represent and measure the effects of cyclic behavior in 
the proposed new appendix CC1, DOE reassessed and reallocated the 
existing 750 cooling mode operating hours to the 95 [deg]F and 83 
[deg]F test conditions, taking in to account the expected off-cycle 
mode hours that correspond to the cooling mode hours at the 83 [deg]F 
test condition. To do so, DOE divided the 750 ``compressor on'' cooling 
mode hours between the two test conditions based on the Temperature Bin 
Hours from Table 16, titled ``Fractional Bin Hours to Be Used in 
Calculation of SEER'' in AHRI 210/240. DOE considered the AHRI 210/240 
fractional bin hours allocation because it is widely accepted by 
industry as applicable for air conditioning equipment and because it is 
the source of the building load calculation that DOE proposes to use to 
calculate the expected cooling load for portable ACs. DOE summed the 
fractional hours for the closest temperature bins to each cooling mode 
test condition--bins 6, 7, and 8 for the 95 [deg]F test condition, and 
bins 4 and 5 for the 83 [deg]F cooling mode test condition--and then 
normalized the weighting factors by dividing those fractional hours by 
the total number of fractional hours used from the table. This resulted 
in weighting factors of 14 percent and 86 percent (see section III.5.c 
of this document) for the 95 [deg]F and 83 [deg]F cooling mode test 
conditions, respectively. DOE excluded bins 1-3 because these bins fall 
below the indoor test condition temperature of 80 [deg]F, indicating 
that they are outside of the most representative use period for 
portable ACs. Multiplying these weighting factors by 750 hours yielded 
a split of those cooling mode hours into 164 hours and 586 hours for 
the 95 [deg]F and 83 [deg]F cooling mode test conditions, respectively, 
for single-speed units.

              Table III.1--Calculation of Weighting Factors From AHRI 210/240 Fractional Bin Hours
----------------------------------------------------------------------------------------------------------------
                                                                                           Percent of total used
              Bin No.                     Bin       Fractional bin    Sum of fractional       fractional hours
                                      temperature        hours              hours           (weighting factors)
----------------------------------------------------------------------------------------------------------------
1.................................              67           0.214  Not Used.............  N/A
2.................................              72           0.231
3.................................              77           0.216
4.................................              82           0.161  0.265................  78
5.................................              87           0.104
6.................................              92           0.052  0.074................  22
7.................................              97           0.018
8.................................             102           0.004
----------------------------------------------------------------------------------------------------------------

    DOE estimated off-cycle mode hours for single-speed units as 
follows: Based on the AHRI 210/240 Building Load Calculation found in 
section 11.2.1.2 of that standard, single-speed units operate under a 
reduced load equal to 60 percent of the full cooling load. Therefore, 
at the reduced load, a single-speed unit would be expected to operate 
in cooling mode (i.e., compressor on) for 60 percent of that time and 
off-cycle mode (i.e., compressor off) for the remaining 40 percent of 
that time. Accordingly, because the 586 cooling mode (compressor on) 
hours assigned to the 83 [deg]F cooling mode test condition represent 
60 percent of the total operating hours in reduced load conditions, DOE 
estimates that there are 977 total operating hours at the 83 [deg]F 
cooling mode test condition (i.e., including both cooling mode and off-
cycle mode). This is the sum of the 586 cooling mode hours at the 83 
[deg]F cooling mode test condition, calculated above, and 391 hours, 
representing the off-cycle mode hours (calculated as 977 hours x 0.40). 
Because variable-speed portable ACs are not expected to enter off-cycle 
mode at the 83 [deg]F test condition, the proposed cooling mode hours 
at the 83 [deg]F test condition represent the total variable-speed 
operating hours at the 83 [deg]F test condition (i.e., 977 hours).
    Appendix CC currently allocates 1,355 hours to off and inactive 
modes. To account for cyclic behavior, or the avoidance of it, DOE 
proposes to increase this to reflect hours currently considered as part 
of off-cycle mode. DOE estimated updated off/inactive mode hours for 
the proposed new appendix CC1 as follows: appendix CC currently 
allocates 880 hours to off-cycle mode. As described previously, under 
the proposed new appendix CC1, DOE proposes to allocate 391 hours to 
off-cycle mode for single-speed units based on estimates derived from 
the AHRI 210/240 Building Load

[[Page 34946]]

Calculation.\10\ In the May 2015 NOPR, DOE determined that portable ACs 
spend 2,985 hours per year plugged in. Because the total number of 
hours spent plugged in would not change with the revised number of off-
cycle mode hours, DOE proposes to re-allocate the difference between 
the current and proposed off-cycle mode hours--489 hours--to off/
inactive mode in the proposed new appendix CC1, yielding a total of 
1,844 hours for off/inactive mode (i.e., the sum of 1,355 and 489). DOE 
maintains that the analysis used for the appendix CC was based on the 
best available data for portable AC operation, although it does not 
take into account cyclic behavior. DOE is proposing these changes to 
the operating hours in the new appendix CC1 to account for cyclic 
behavior (or the avoidance of it) in all units, which would improve 
test procedure representativeness overall.
---------------------------------------------------------------------------

    \10\ As discussed, for variable-speed units, these 391 hours are 
allocated to cooling mode hours at the 83 [deg]F test condition.
---------------------------------------------------------------------------

    Table III.2 summarizes the annual operating hours for portable ACs 
under current appendix CC and the proposed new appendix CC1.

          Table III.2--Annual Operating Hours for Portable ACs
------------------------------------------------------------------------
                                                        Proposed new
          Operating mode              Appendix CC       appendix CC1
------------------------------------------------------------------------
Cooling Mode, 95 [deg]F...........         \1\ 750  164.
Cooling Mode, 83 [deg]F...........         \1\ 750  586 (Single-Speed).
                                                    977 (Variable-
                                                     Speed).
Off-Cycle Mode....................             880  391 (Single-Speed).
                                                    0 (Variable-Speed).
Off/Inactive Mode.................           1,355  1,844.
------------------------------------------------------------------------
\1\ These operating mode hours are for the purposes of calculating
  annual energy consumption under different ambient conditions and are
  not a division of the total cooling mode operating hours. The total
  dual-duct cooling mode operating hours are 750 hours.

Appendix CC
    As discussed previously, DOE is not proposing to change the annual 
operating hours in appendix CC.
Appendix CC1
    DOE proposes to adopt in the new appendix CC1 the operating hours 
shown in Table III.2 of this document.
    DOE requests comment on the proposal to amend the operating hours 
in the proposed new appendix CC1 as shown in Table III.2 of this 
document.
c. Configurations
    The current portable AC test procedure in appendix CC addresses two 
configurations of portable ACs: dual-duct and single-duct. 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 
manufacturer, must be tested and rated for both duct configurations. 
Section 3.1.1 of appendix CC.
    In the April 2021 RFI, DOE requested 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. 86 FR 20044, 20048-20049.
    NEEA recommended that DOE maintain the requirement for products 
that can operate as both dual-duct and single-duct portable ACs to be 
tested in both configurations. NEEA stated that, given the difference 
in performance between single-duct and dual-duct products, if a product 
can be configured as single duct, it should be tested in this 
configuration. (NEEA, No. 12 at p. 3)
    In this NOPR, DOE is not proposing any amendments to the 
configurations addressed by the test procedure in appendix CC and 
proposes to adopt the same requirements in the new appendix CC1.
    DOE requests comment on the proposal to adopt in the new appendix 
CC1 the requirement that portable ACs able to operate as both a single-
duct and dual-duct portable AC, as distributed in commerce by the 
manufacturer, must be tested and rated for both duct configurations.
5. Cooling Mode
a. Test Conditions
    Section 4 of appendix CC measures cooling capacity and overall 
power input in cooling mode using one test condition for single-duct 
units and two test conditions for dual-duct units. For single-duct 
units, the test procedure specifies an 80 [deg]F dry-bulb/67 [deg]F 
wet-bulb condenser (``outdoor'') inlet air test condition. For dual-
duct units, configuration A specifies a 95 [deg]F dry-bulb/75 [deg]F 
wet-bulb outdoor test condition and configuration B specifies an 83 
[deg]F dry-bulb/67.5 [deg]F wet-bulb outdoor test condition. See 
Section 4.1 of appendix CC.
    The California IOUs commented that the portable AC test procedure 
is the only test procedure that uses a low-load, outdoor test condition 
of 83 [deg]F dry-bulb/67.5 [deg]F wet-bulb; all other residential AC 
test procedures use a low-load condition of 82 [deg]F dry-bulb/65 
[deg]F wet-bulb. The California IOUs suggested that DOE change the low-
load condition for the portable AC test procedure to 82 [deg]F dry-
bulb/65 [deg]F wet-bulb. (California IOUs, No. 10 at p. 4)
    Rice suggested that DOE consider dry-bulb temperature conditions of 
82, 87, and 95 [deg]F, instead of the current 83 and 95 [deg]F 
conditions, to represent temperature bins of 80 to 85 [deg]F, 85 to 90 
[deg]F, and 90 to 100 [deg]F, respectively, along with suitable AHRI 
210/240 fractional hours and cooling loads at these three temperatures. 
According to Rice, this would provide more comparability with the room 
AC test procedure conditions and would better represent the performance 
non-linearity with ambient conditions for variable-speed products. To 
avoid the need to retest single-speed portable AC units to these new 
conditions, Rice asserted that performance at 82 and 87 [deg]F could be 
extrapolated and interpolated from existing 83 and 95 [deg]F single-
speed portable AC test data. (Rice, No. 11 at pp. 2-3)
    As described in the supplemental NOPR published November 27, 2015, 
and confirmed in the June 2016 Final Rule, the low-load test condition 
of 83 [deg]F dry-bulb/67.5 [deg]F wet-bulb reflects the national 
weighted-average temperature and humidity observed during the hottest 
750 hours (the hours during which DOE expects portable ACs to operate 
in cooling mode). DOE

[[Page 34947]]

determined these values based on its analysis of hourly ambient 
temperature data from the National Climatic Data Center of the National 
Oceanic and Atmospheric Administration collected at weather stations in 
44 representative states, combined with its analysis of the 2009 
Residential Energy Consumption Survey (``RECS'') to identify room AC 
ownership \11\ in the different geographic regions. Based on the RECS 
ownership data and weather data, DOE used a weighted-average approach 
to combine the average temperature and humidity for each individual 
state into sub-regional, regional, and finally, the representative 
national average temperature and humidity for the hottest 750 hours in 
each state. DOE found that the national average dry-bulb temperature 
and relative humidity associated with the hottest 750 hours are 83 
[deg]F and 45 percent, respectively (corresponding to a wet-bulb 
temperature of 67.5 [deg]F). 80 FR 74020, 74026; 81 FR 35241, 35250. 
DOE maintains that this analysis yields the most representative 
operating periods for portable ACs.
---------------------------------------------------------------------------

    \11\ DOE uses room AC data because RECS has no portable AC data. 
DOE has previously stated that room ACs and portable ACs differ from 
each other in that they have different installation means, and that 
they induce different amounts of outdoor air infiltration heat and 
other unwanted heat transfer to the conditioned space. 86 FR 20044, 
20047. However, room ACs and portable ACs have similar use cases 
(i.e., both products provide seasonal cooling) such that in the 
absence of data for portable ACs, the ownership data and weather 
data for room ACs is sufficiently applicable to analysis of portable 
AC cooling mode.
---------------------------------------------------------------------------

    In response to Rice's suggestions, the addition of a third test 
condition would increase test burden by 50 percent for all models. This 
increase in test burden would not be justifiable, as the additional 
test condition between the two current test conditions would not 
provide significantly more information on the performance of portable 
ACs. Based on past modeling that explored the impact of adjusted 
outdoor test conditions on air conditioner performance, DOE expects 
that performance at intermediate temperatures is relatively linear 
between the two temperature data points, resulting in minimal 
difference in weighted-average performance if an intermediate 
temperature data point is included. Furthermore, an additional test 
condition would not provide full comparability with the room AC test 
procedure, which, as previously discussed, has four test conditions for 
variable-speed units and one test condition for single-speed units. 
Extrapolating/interpolating performance at three test conditions based 
on the existing test conditions increases the complexity of the test 
procedure without benefit, as the extrapolated/interpolated data points 
would be based on the same data currently being used in the portable AC 
test procedure.
    AHAM PAC-1-2022 Draft specifies the same test conditions for 
single-speed units as the current appendix CC and, for variable-speed 
units, AHAM PAC-1-2022 Draft specifies the same test conditions as the 
test procedure waivers and as proposed in this NOPR.
    DOE proposes to adopt AHAM PAC-1-2022 Draft in the new appendix 
CC1, and, by extension, the test conditions contained therein. In 
revisions to the appendix CC, DOE is not proposing to change the test 
conditions for single-speed portable ACs. Consistent with the LG Waiver 
and Midea Interim Waiver, DOE is proposing to adopt multiple test 
conditions for variable-speed portable ACs: two for single-duct models 
and three for dual-duct models.
    DOE requests comment on the proposal to add variable-speed test 
conditions in appendix CC consistent with the LG Waiver and Midea 
Interim Waiver while otherwise retaining the current test conditions, 
and to adopt the AHAM PAC-1-2022 Draft test conditions in the proposed 
new appendix CC1.
b. Achieving Compressor Speeds
    The alternate test procedure specified in the LG Waiver requires 
both the full and low compressor speeds to be achieved using special 
instructions and settings provided by the manufacturer to DOE and 
laboratories. 85 FR 33643, 33651. The alternate test procedure 
specified in the Midea Interim Waiver requires the full compressor 
speed to be achieved by using user controls (``native controls'') with 
the thermostat setpoint set at 75 [deg]F, and the low compressor speed 
to be achieved using manufacturer settings. 86 FR 17803, 17808-17809. 
Consistent with that approach, AHAM PAC-1-2022 Draft specifies using 
native controls to achieve the full compressor speed, and using 
instruction and settings provided by the manufacturer to laboratories 
to achieve the low compressor speed.
    Using native controls to achieve the full compressor speed would 
ensure that the measured full speed is representative of real-world 
operation but is impractical. The only way to reach reduced compressor 
speeds using native controls during testing would be with load-based 
tests, which DOE has tentatively concluded are impractical for portable 
ACs at this time, as discussed in section III.5.g of this document. 
Therefore, to improve representativeness, DOE is proposing that for 
variable-speed portable ACs, in both appendix CC and the proposed new 
appendix CC1, the full compressor speed be achieved by using native 
controls with the thermostat setpoint set at 75 [deg]F and the low 
compressor speed to be achieved using instructions and settings 
provided by the manufacturer to DOE and laboratories. This proposal is 
consistent with the alternate test procedure specified in the Midea 
Interim Waiver and with AHAM PAC-1-2022 Draft. This is a change from 
the procedure specified in the LG Waiver and would require retesting of 
the models listed in that waiver.
    DOE proposes to adopt AHAM PAC-1-2022 Draft in the new appendix 
CC1, and, by extension, the compressor speed requirements contained 
therein. In revisions to the appendix CC, DOE is proposing to adopt the 
native control and manufacturer setting approach set forth in the Midea 
Interim Waiver.
    DOE requests comment on the proposal to add compressor speed 
requirements in appendix CC consistent with the Midea Interim Waiver, 
and to adopt the AHAM PAC-1-2022 Draft compressor speed requirements in 
the proposed new appendix CC1.
c. Seasonal Adjusted Cooling Capacity
    Under the current test procedure, a unit's SACC, in Btu/h, is 
calculated as a weighted average of the adjusted cooling capacity 
measured at the two specified operating conditions (i.e., 95 [deg]F and 
83 [deg]F). Under appendix CC, full-load operation is used to measure 
each test condition,\12\ such that the SACC reflects full-load 
operation at both test conditions. The LG Waiver and Midea Interim 
Waiver change the operating condition at the 83 [deg]F condition to use 
the ``low'' compressor speed (i.e., part-load performance) instead. 
Accordingly, the SACC for the models subject to the LG Waiver and Midea 
Interim Waiver reflects full-load operation at the 95 [deg]F condition 
and part-load operation at the 83 [deg]F condition. DOE required this 
approach in the test procedure waivers because it yields a more 
representative measure of capacity. However, DOE proposes in this NOPR 
to test variable-speed portable ACs at full-load operation at

[[Page 34948]]

each test condition for the purpose of measuring SACC, which would 
differ from the alternate test procedure required under the LG Waiver 
and the Midea Interim Waiver, for the reasons that follow.
---------------------------------------------------------------------------

    \12\ Appendix CC is a constant temperature test, in which the 
portable AC begins cooling the ``indoor'' chamber of a psychrometric 
chamber with the thermostat setpoint set to the lowest possible 
value. Reconditioning equipment maintains the indoor chamber 
temperature at 80 [deg]F, such that the portable AC is never able to 
cool the room to the thermostat set temperature. In this test setup, 
the portable AC will run at full compressor speed indefinitely, it 
will not reduce compressor speed or cycle the compressor off.
---------------------------------------------------------------------------

    In response to the Midea Interim Waiver, Midea reiterated its 
recommendation to determine Adjusted Cooling Capacity (``ACC'') at the 
83 [deg]F test condition with the compressor operating at full speed, 
which Midea asserted should be used to calculate SACC in accordance 
with Section 5.2 of appendix CC. Midea suggested that if the ACC at the 
83 [deg]F test condition with the compressor operating at low speed is 
used in calculating SACC, the SACC would be underreported compared to 
single-speed units that would be used in the same applications. Midea 
requested that the full compressor speed be specified for both test 
conditions for the purposes of calculating SACC. (Midea, Midea Petition 
for Waiver, No. 9 at pp. 1-4) \13\
---------------------------------------------------------------------------

    \13\ A notation in the form ``Midea, Midea Petition for Waiver, 
No. 9 at pp. 1-2'' identifies a written comment: (1) Made by Midea; 
(2) recorded in document number 9 that is filed in the docket of the 
Midea Petition for Waiver from Portable Air Conditioners Test 
Procedure (Docket No. EERE-2020-BT-WAV-0023) and available for 
review at www.regulations.gov; and (3) which appears on pages 1 and 
2 of document number 9.
---------------------------------------------------------------------------

    Currently, SACC for single-speed portable ACs is based in appendix 
CC on full-load operation at the low (83 [deg]F) test condition, while 
the LG Waiver and Midea Interim Waiver require SACC for the specified 
basic models of variable-speed portable ACs to be based on part-load 
operation (i.e., low compressor speed) at the low test condition. As a 
result, DOE agrees with Midea that the SACC values for the variable-
speed models tested using the waiver test procedure are not directly 
comparable to the SACC values of single-speed units tested pursuant to 
appendix CC. Generally, operating at part-load yields a lower measured 
capacity; therefore, the SACC values for the subject variable-speed 
models are lower than the SACC values for otherwise identical single-
speed models. DOE understands that cooling capacity is one of the 
primary metrics that manufacturers advertise to consumers. The 
approaches required under the existing waivers, by resulting in 
comparatively lower SACC values for the subject variable-speed models, 
may limit the comparability of the performance between single-speed 
models and the variable-speed models subject to the LG Waiver and Midea 
Interim Waiver.
    Although DOE proposes to change how to measure SACC in appendix 
CC1, in appendix CC, DOE is proposing to maintain the Midea Interim 
Waiver approach of determining SACC using the low compressor speed to 
represent part-load operation at the 83 [deg]F outdoor temperature test 
condition but adding another metric, SACCFull, to facilitate 
consumer comparisons. DOE expects that portable ACs will typically 
encounter reduced cooling loads when the outdoor temperature is 83 
[deg]F, based on the building load calculation found in Section 
11.2.1.2 of AHRI 210/240. Therefore, the cooling capacity more 
representative of the average period of use includes reduced compressor 
speed operation at the 83 [deg]F outdoor temperature condition. 
However, DOE understands variable-speed portable AC manufacturers have 
an interest in the ability to make representations of cooling capacity 
based on full-compressor speed at the 83 [deg]F outdoor temperature 
test condition, comparable to how single-speed units are tested in 
appendix CC. Therefore, DOE proposes to require in appendix CC that 
manufacturers of variable-speed portable ACs base representations of 
cooling capacity on an additional new metric, SACCFull, 
using full compressor speed performance to calculate 
SACCFull at the low test condition. This additional metric 
would provide consumers with comparable capacity ratings for variable-
speed and single-speed portable ACs while appendix CC is in use.
    For the proposed new appendix CC1, DOE proposes to account for 
cyclic behavior in both single-speed and variable-speed units by 
modifying the SACC calculation to factor in reduced capacity from part-
load operation at the low (83 [deg]F) test condition. This change would 
align all models with the waiver approach to variable-speed SACC. For 
single-speed units, the test at the low test condition would still be 
performed at full load, but the resulting cooling capacity would be 
multiplied by a load factor defined as 0.6 for single-duct units and 
0.5363 for dual-duct units.\14\ These adjustments would account for 
cooling capacity lost due to compressor cycling under reduced cooling 
loads, which DOE expects portable ACs will typically encounter when the 
outdoor temperature is 83 [deg]F, as discussed previously. This 
approach would result in reduced SACC values for single-speed portable 
ACs relative to those calculated by the current test procedure at 
appendix CC. This would also result in comparable SACC values between 
single-speed and variable-speed portable ACs, eliminating any need in 
appendix CC1 for the adjusted SACCFull proposed for appendix 
CC.
---------------------------------------------------------------------------

    \14\ While dual-duct and single-duct portable ACs experience the 
same load at 83 [deg]F, dual-duct units experience an increase in 
cooling capacity as outdoor process air temperatures decrease due to 
the cooler outdoor air being more effective at removing heat from 
the condenser. Single-duct units do not experience this increase 
because the air entering the condenser is always the same indoor air 
temperature of 80 [deg]F. This cooling capacity increase allows 
dual-duct portable ACs to remove heat from rooms more quickly at the 
83 [deg]F outdoor temperature condition, thus leading to less time 
with the compressor on. DOE used thermodynamic modeling to measure 
the expected capacity change for dual-duct portable ACs between the 
95 [deg]F and 83 [deg]F test conditions and used this to confirm the 
AHAM PAC-1-2022 Draft adjustment of the cooling load factor for 
dual-duct portable ACs from 60 percent of full load operation at a 
95 [deg]F outdoor temperature to 53.63 percent of full load 
operation at an 83 [deg]F outdoor temperature.
---------------------------------------------------------------------------

Appendix CC
    DOE is proposing to maintain the current SACC calculation for 
single-speed units in the revised appendix CC. DOE also proposes that 
the SACC for variable-speed units be calculated using the low 
compressor speed at the 83 [deg]F test condition in appendix CC 
consistent with the previously granted LG Waiver and Midea Interim 
Waiver. DOE also proposes to require manufacturers to represent cooling 
capacity with a new metric, SACCFull, for variable-speed 
portable ACs, using the full compressor speed at the 83 [deg]F test 
condition.
Appendix CC1
    DOE is proposing to adopt an updated approach in calculating SACC, 
for variable-speed units, using the measured cooling capacity at the 83 
[deg]F test condition using the low compressor speed, aligning with the 
waiver approach, and for single-speed units, multiplying the measured 
cooling capacity at the 83 [deg]F test condition by a load factor of 
0.6 for single-duct units and 0.5363 for dual-duct units.
    DOE requests comment on the proposal to maintain in the revised 
appendix CC the current SACC calculation for single-speed units and to 
adopt a SACC calculation consistent with the test procedure waivers for 
variable-speed units for the purposes of determining CEER. DOE also 
requests comment on the proposal to require manufacturers of variable-
speed units to represent cooling capacity using a new metric, 
SACCFull, based on full load performance at the low 
temperature condition. DOE further requests comment on the proposal to 
adopt an updated SACC calculation for single-speed units and variable-
speed units that accounts for reduced cooling load

[[Page 34949]]

at the 83 [deg]F test condition in the proposed new appendix CC1.
d. Weighting Factors
    The current portable AC test procedure calculates SACC and CEER as 
weighted averages of the results of various calculations, based on the 
measured capacity and power values at the two portable AC test 
conditions, representing outdoor temperatures of 95 [deg]F and 83 
[deg]F. Both equations use weighting factors of 0.2 and 0.8 for the two 
test conditions, respectively. See Section 5.4 of appendix CC.
    Rice and the Joint Commenters stated that these current weighting 
factors potentially underweight performance at 95 [deg]F and overweight 
performance at 83 [deg]F by not taking into account that the cooling 
provided during operation at 95 [deg]F is significantly greater than 
during operation at 83 [deg]F. They encouraged DOE to reevaluate the 
weighting factors used in the portable AC test procedure. (Rice, No. 11 
at pp. 2-3; Joint Commenters, No. 9 at p. 3) Rice suggested deriving 
cycling loss factors using a building load calculation starting with 
full load at 95 [deg]F and decreasing to zero load at 65 [deg]F. This 
is similar to what is done in AHRI 210/240, except for the assumption 
of full load at 95 [deg]F as opposed to altering the calculated full-
load temperature based on test unit capacity. According to Rice, this 
would result in weighting factors of 0.27 and 0.73 for the 95 [deg]F 
and 83 [deg]F conditions, respectively. Rice suggested that the 0.8 and 
0.2 fractional hours in Section 5.2 of appendix CC were originally 
derived by considering the hottest 750 hours in relevant regions around 
the country, combined with related RECS data. Rice stated that while 
the conditions and weighting appear to be based on the hottest 750 
hours during the cooling season, the total seasonal cooling amount will 
be delivered over a wider range of ambient temperatures by matching the 
lower cooling loads, either by cycling or by variable-speed matching. 
As such, Rice argued that the assumption that portable ACs operate 
during the hottest 750 hours in each region seems inappropriate. Rice 
stated that if DOE decides to move away from assumption of the hottest 
750 hours, DOE should consider for those fractional hours the 95, 87, 
and 82 [deg]F test condition approach described above, with weighting 
factors of 0.28, 0.33, and 0.39, respectively, per AHRI 210/240 binned 
data sets. (Rice, No. 11 at pp. 2-3)
    The CEER weighting factors are used to calculate the fractional 
contribution of CEER at each test condition relative to the average 
representative period of portable AC use, based on cooling provided and 
estimated cooling mode operating hours at each test condition. As 
discussed in section III.B.5.a of this document, DOE derived the 
weighting factors in the current appendix CC from a geographically 
weighted average of operating hours best represented by each test 
condition, based on the 2009 RECS data. The test conditions for which 
the weightings were determined represent peak performance (i.e., the 95 
[deg]F test condition) and the weighted-average temperature and 
humidity observed during the hottest 750 hours, the hours during which 
DOE expects portable ACs are most likely to operate in cooling mode 
(i.e., the 83 [deg]F test condition). 81 FR 35242, 35252 (Jun. 1, 
2016). Because DOE is proposing in the new appendix CC1 to change the 
portable AC operating hours estimate from a RECS-based estimate to an 
estimate based on the bin operating hours and building load calculation 
from AHRI 210/240, DOE is proposing similar changes to the weighting 
factors in the proposed new appendix CC1 to maintain internal 
consistency.
    In determining the proposed new appendix CC1 weighting factors, DOE 
considered the portion of the proposed appendix CC1 total cooling mode 
and off-cycle mode hours spent at each temperature condition (see Table 
III.2 in section III.4.b of this document)--14.4 percent of the total 
cooling mode hours are allocated to the 95 [deg]F test condition and 
85.6 percent to the 83 [deg]F test condition. DOE is proposing to adopt 
these weighting factors for SACC only in the new appendix CC1. To avoid 
changing the SACC relative to the current values, DOE is not proposing 
changes to the SACC or CEER calculations in appendix CC to match these 
updated weighting factors, which were the basis for determining the 
energy conservation standards that are effective in January 2025, as 
discussed above. Therefore, DOE is proposing that the modified 
weighting factors be adopted only in the new appendix CC1. 
Specifically, DOE is proposing to adjust the weighting factors for the 
two test conditions, in accordance with the changes to the operating 
hours, to 0.144 for the 95 [deg]F test condition and 0.856 for the 83 
[deg]F test condition.
    DOE requests comment on the proposed weighting factors in the 
proposed new appendix CC1 (0.144 for the 95 [deg]F test condition and 
0.856 for the 83 [deg]F test condition).
e. Cycling Losses
    Historically, portable ACs have been designed using a single-speed 
compressor, which operates at full cooling capacity while the 
compressor is on. When the required cooling load in a space is less 
than the full cooling capacity of the unit, a single-speed compressor 
cycles on and off. This cycling behavior introduces inefficiencies 
often referred to as ``cycling losses.'' In addition, single-speed 
portable ACs may experience inefficiencies by continuing to operate the 
blower fan during compressor off periods after the evaporator coils 
have warmed to the point that any further fan operation does not 
contribute to the unit's overall cooling capacity. These two types of 
inefficiencies occur only for single-speed portable ACs; as discussed 
in the April 2021 RFI, variable-speed ACs avoid such inefficiencies 
because their compressors run continuously, adjusting their speeds as 
required to match the cooling load. 86 FR 20044, 20050-20051.
    Cycling losses associated with single-speed compressors are not 
currently accounted for in appendix CC. In the LG Waiver, DOE addressed 
the cycling of a single-speed compressor as part of a ``performance 
adjustment factor'' (``PAF''). As established in the LG Waiver, the PAF 
represents the average performance improvement of the variable-speed 
unit relative to a theoretical comparable single-duct single-speed 
unit, resulting from the variable-speed unit's avoiding cycling losses 
associated with the lower temperature test condition. 85 FR 33643, 
33646. The Midea Interim Waiver similarly requires use of a PAF. 86 FR 
17803, 17819-17820.
    In the April 2021 RFI, DOE requested further information and data 
on efficiency losses associated with single-speed compressor cycling at 
part-load conditions. DOE also requested comment on the incorporation 
of the current waiver approach to determine variable-speed portable AC 
efficiency, based on a PAF representing the performance improvement 
relative to a single-speed portable AC resulting from elimination of 
cycling losses. 86 FR 20044, 20050-20051.
    Rice, the Joint Commenters, and the California IOUs encouraged DOE 
to account for cycling losses in the portable AC test procedure to 
provide an accurate comparison of single-speed and variable-speed 
compressor performance. (Rice, No. 11 at p. 3; Joint Commenters, No. 9 
at pp. 2-3; California IOUs, No. 10 at pp. 1-2)
    The Joint Commenters and the California IOUs stated that, in 
calculating the performance of a ``theoretical comparable'' single-
speed unit, the LG Waiver and Midea Interim Waiver for variable-speed 
portable ACs

[[Page 34950]]

include an assumed cycling loss factor for single-speed units to 
capture the benefits of variable-speed units in reducing cycling 
losses. They further commented that, in the Midea Interim Waiver, DOE 
modified the cycling loss factor to reflect load-based testing of two 
single-speed room AC units at reduced cooling loads. (Joint Commenters, 
No. 9 at pp. 2-3; California IOUs, No. 10 at pp. 1-2) Rice and the 
Joint Commenters encouraged DOE to provide the basis for determining an 
appropriate cycling loss factor through the use of load-based testing, 
stating that there are likely differences related to cycling losses 
between room AC and portable AC designs. (Rice, No. 11 at p. 3; Joint 
Commenters, No. 9 at pp. 2-3) The California IOUs requested that DOE 
evaluate the cycling loss factor for a selection of single-duct and 
dual-duct portable ACs to determine the appropriate cycling loss factor 
to be used in the updated test procedure, but did not explicitly 
request that this be evaluated through the use of load-based testing. 
(California IOUs, No. 10 at pp. 1-2)
    Rice also stated that, to date, the cooling degradation 
coefficients (``Cds'') proposed by DOE for portable ACs have been 
derived from load-based tests performed on single-speed room ACs, but 
asserted that there are likely various differences related to cycling 
losses between room AC and portable AC designs. Rice stated that no 
information was provided in those tests on how the fans were operated 
during the compressor off-cycles. Rice requested that this information 
should be reported and should be consistent with how these models will 
operate in the field at the rated control settings, asserting that fan 
operation can significantly affect Cd levels due to the fan power usage 
with minimal or no cooling output. (Rice, No. 11 at p. 3)
    DOE conducted investigative testing of portable ACs to determine a 
representative cycling loss adjustment factor specifically for portable 
ACs. DOE aimed to calculate the difference in efficiency for single-
speed portable ACs when tested under full-load constant load conditions 
and part-load cycling load conditions, while focusing on just the 
cycling losses and not fan operation in off-cycle mode. Load-based 
testing was infeasible for portable ACs with the equipment and 
facilities used in the investigative testing. Instead, DOE performed 
cyclic tests, which triggered single-speed portable AC cycling by 
remotely adjusting the setpoint of the test unit in a cyclic pattern 
while it was in the test chamber, simulating the behavior of the unit 
when the room temperature reaches the unit setpoint. DOE conducted 
tests on five units with two different test lengths, 10 minutes and 30 
minutes, to account for real-world variations in unit capacity and room 
size. In the 30-minute test, the unit operated for roughly 16 minutes 
and cycled off for 14 minutes, approximating a 53 percent cooling load. 
In the 10-minute test, the unit operated for roughly 5.5 minutes and 
cycled off for 4.5 minutes, approximating a 55 percent cooling load. 
Table III.3 shows the relative difference in energy use during cyclic 
operation in comparison to energy use when operating continuously, 
expressed as a percentage.
    As shown in Table III.3, on average, the portable ACs that were 
tested performed at 81.9 percent of the efficiency when operating 
cyclically compared to when operating continuously, not counting energy 
lost to fan operation in off-cycle mode.

  Table III.3--Relative Efficiency During Cycling Operation Compared to
                          Continuous Operation
------------------------------------------------------------------------
               Test length                    30 min          10 min
------------------------------------------------------------------------
Unit 1..................................             86%             \1\
Unit 2..................................             80%             84%
Unit 3..................................             81%             84%
Unit 4..................................             79%             82%
Unit 5..................................             76%             82%
                                         -------------------------------
Combined Avg............................               81.9%
------------------------------------------------------------------------
\1\ The 10-minute test was not performed on Unit 1 due to limited test
  laboratory availability.

    Based on these test results, DOE proposes to use 0.82 as the 
cycling factor (CF), representing that a cycling unit is 82 percent as 
efficient as a unit which does not cycle, not accounting for any power 
consumed during off-cycle mode.
Appendix CC and Appendix CC1
    DOE is proposing to account for cycling losses in the amended 
appendix CC by comparing variable-speed unit performance to that of a 
theoretical comparable single-speed unit, using the test procedure 
waiver approach, as previously discussed. Based on DOE's investigative 
testing, the proposed CF for the theoretical comparable single-speed 
unit in appendix CC would be 0.82.
    In the proposed new appendix CC1, DOE would account for cycling 
losses directly in the single-speed portable AC CEER calculation, using 
the same CF proposed for appendix CC, 0.82.
    DOE requests comment on the proposal to adopt a CF of 0.82 based on 
DOE's investigative testing, in appendix CC and in the proposed new 
appendix CC1.
f. Energy Efficiency Calculations
    The current portable AC test procedure at appendix CC represents 
efficiency using CEER, an efficiency metric calculated as the weighted 
average of the condition-specific CEER values, including the annual 
energy consumption in cooling mode, off-cycle mode, and off or inactive 
mode. The alternate test procedures in the LG Waiver and Midea Interim 
Waiver adjusts the CEER metric in the test procedure to address the 
cycling of a single-speed compressor through a PAF. The PAF, which 
represents the average performance improvement of the variable-speed 
unit relative to a theoretical comparable single-duct single-speed unit 
at reduced operating conditions, is applied to the measured variable-
speed unit efficiency. This approach increases the measured efficiency 
of a variable-speed portable AC relative to the measured efficiency of 
single-speed portable ACs. This approach reasonably represents the 
efficiency of a variable-speed portable AC relative to a single-speed 
portable AC as currently measured in accordance with appendix CC, and 
maintains compatibility with the existing portable AC standards. 
Therefore, DOE proposes to adopt in appendix CC the general approach 
from the LG Waiver and Midea Interim Waiver to determine variable-speed 
portable AC efficiency.

[[Page 34951]]

    However, DOE recognizes that the waiver approach only indirectly 
addresses cycling losses and does not consider the effect on a single-
speed unit's performance of cycling losses from operating at reduced 
conditions. A more representative approach would be to apply the 
cycling losses to a single-speed portable AC's performance directly, 
and to make no such modifications to the measured variable-speed 
portable AC efficiency. Such an approach would require no calculation 
of a comparable theoretical single-speed portable AC and would no 
longer require a PAF. DOE notes that this general approach has been 
adopted in AHAM PAC-1-2022 Draft and, in the interest of adopting a 
simpler and most representative test procedure, DOE proposes to adopt 
such an approach in the proposed new appendix CC1.
    Section 5.4 of appendix CC currently specifies the equations for 
calculating CEER for both single-duct and dual-duct portable ACs. In 
each equation, the final CEER value is calculated as a weighted average 
of performance at each test condition (as applicable for the 
configuration):
[GRAPHIC] [TIFF OMITTED] TP08JN22.000

    DOE received comments on the CEER equations in response to the 
April 2021 RFI. Rice suggested that the equation for CEER should be 
revised with the weighting factors as he recommended. Rice also urged 
DOE to use his recommended CEER equation for both variable-speed and 
single-speed portable ACs, which he asserted best represents the 
cooling season performance difference between variable-speed and 
single-speed portable AC units, as follows:
[GRAPHIC] [TIFF OMITTED] TP08JN22.001

    The equation suggested by Rice aims to produce an efficiency metric 
that that is simply total cooling provided divided by total power 
consumption, utilizing the CEER values for each test condition as 
determined in accordance with appendix CC. Although DOE agrees that the 
approach of representing efficiency as total cooling provided divided 
by total power consumption is appropriate for portable ACs, DOE has 
tentatively determined that Rice's specific approach is not. At low and 
negative CEER95 values, the overall CEER is 
unrepresentatively driven to extreme high or low values due to the 
asymptotic behavior of the equation. In past testing, DOE has observed 
very small or negative CEER95 values in single-speed 
portable ACs, particularly in single-duct configurations. DOE has 
observed values as low as -3.76 Btu/Wh and has tested at least 11 units 
with values that fall between -2 and +2 Btu/Wh, within the range of 
concern for Rice's approach. Although other residential AC products 
typically provide net cooling to the conditioned space, two factors can 
lead to such low CEER95 values for portable ACs. Portable 
ACs lose cooling capacity to infiltration air and duct heat transfer, 
both of which appendix CC includes provisions to measure As shown in 
Figure 1, under the Rice suggested equation, the overall CEER can 
change drastically when CEER95 becomes small or negative, 
producing unrealistic values, which is not the case for the weighted-
average approach currently implemented in appendix CC. Figure 1 
provides an example of the impact on overall CEER when 
CEER95 ranges from -5 to 5 Btu/Wh for both Rice's suggested 
approach and the current weighted-average appendix CC approach.

[[Page 34952]]

[GRAPHIC] [TIFF OMITTED] TP08JN22.002

    For appendix CC1, based on comments from Rice and re-examination of 
the current CEER metric, DOE developed a new portable AC efficiency 
metric based on a ratio of annual cooling provided to annual energy 
consumed. This approach reflects EPCA requirements. First, DOE design 
the test procedure to produce test results which measure energy 
efficiency during a representative period of use. (42 U.S.C. 
6293(b)(2)) Second, EPCA defines energy efficiency as ``the ratio of 
the useful output of services from a consumer product to the energy use 
of such product . . .'' (42 U.S.C. 6291(5)) The ratio of annual cooling 
provided to annual energy consumed would best reflect the efficiency of 
portable ACs during a full year of use by directly accounting for the 
efficiency of each mode in accordance with the number of operating 
hours spent in that mode. The two values would be calculated as 
follows.
    The total cooling provided by a portable AC over the course of the 
year, in Btu, is equivalent to the average rate of cooling provided at 
each temperature condition, in Btu/h, multiplied by the number of hours 
operating at that test condition.
    The total annual energy consumption of a portable AC, in kilowatt-
hours (``kWh''), is equal to the sum of the average power consumed in 
each mode multiplied by the amount of time spent in that mode.
    DOE tentatively concludes it is appropriate to deviate from AHAM 
PAC-1-2022 Draft because at an 83 [deg]F outdoor temperature condition, 
part-load, rather than full-load operation, reflects an average period 
of use. AHAM PAC-1-2022 Draft includes a term in the CEER calculation 
representing the portable AC performance at full load with an 83 [deg]F 
outdoor temperature condition. The proposed CEER calculations in 
appendix CC and appendix CC1 do not. Although this is a test condition 
in the proposed new appendix CC1, part-load operation is most 
representative of portable AC operation at the 83 [deg]F outdoor 
temperature condition, based on the building load calculation found in 
AHRI 210/240. Therefore, DOE is proposing to include only low-speed 
variable-speed compressor efficiency or cycling-adjusted single-speed 
compressor efficiency at the 83 [deg]F outdoor temperature condition 
when calculating overall CEER in the proposed new appendix CC1.
Appendix CC
    In this NOPR, DOE is not proposing to amend the CEER equation for 
single-speed portable ACs in appendix CC. DOE is proposing to determine 
variable-speed portable AC efficiency by comparing the measured 
efficiency of the variable-speed unit to the efficiency of a 
theoretical single-speed unit of the same capacity, taking into account 
efficiency losses due to cycling, consistent with the general approach 
from the LG Waiver and Midea Interim Waiver, with changes to the CF as 
previously described.
Appendix CC1
    DOE proposes to create a new efficiency metric for portable ACs in 
appendix CC1, AEER, which is equal to the total annual cooling 
delivered divided by the total annual energy consumption as previously 
described.
    The proposed equation is as follows:
    [GRAPHIC] [TIFF OMITTED] TP08JN22.003
    
Where:

AEER = annualized energy efficiency ratio of the sample unit in Btu/
Wh.
ACC95 and ACC83 = adjusted cooling capacity at 
the 95 [deg]F and 83 [deg]F outdoor temperature conditions, 
respectively, as discussed in section III.5.c of this document.
AEC95, AEC83, AECoc, and 
AECia/om = total annual energy consumption attributed to 
all modes representative of the 95 [deg]F operating condition, the 
83 [deg]F operating condition, off-cycle mode, and inactive or off 
mode, respectively, in kWh/year.
164 = number of annual hours spent in cooling mode at the 95 [deg]F 
operating condition, as shown in Table III.2 of this document.
tcm_83 = number of annual hours spent in cooling mode at 
the 83 [deg]F operating condition, tDD_83 for dual-duct 
single-speed units, tDD_83_Low for dual-duct variable-
speed units, tSD_83 for single-duct single-speed units, 
or tSD_Low for single-duct variable-speed units, as shown 
in Table III.2 of this document.
0.001 = kWh/Wh conversion factor for watt-hours to kilowatt-hours.


[[Page 34953]]


    DOE requests comment on its proposal to adopt in appendix CC the 
PAF-based approach from the LG Waiver and Midea Interim Waiver to 
determine variable-speed portable AC efficiency, the weighted-average 
approach for the CEER equation, and not to change the CEER equation for 
single-speed portable ACs. DOE also requests comment on its proposal to 
adopt a new efficiency metric, AEER, to represent efficiency as the 
total annual cooling divided by the total annual energy consumption in 
the proposed new appendix CC1.
g. Load-Based Testing
    The current test procedure prescribed by ANSI/AHAM PAC-1-2015 does 
not use a load-based test. It measures cooling capacity and energy 
efficiency ratio when the portable AC operates continuously at fixed 
indoor and outdoor temperature and humidity conditions (i.e., a 
constant-temperature test), using an air enthalpy approach.\15\ In 
contrast, 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. In the 
April 2021 RFI, DOE sought further comment and information on the 
feasibility and applicability of load-based testing for portable ACs. 
86 FR 20044, 20051.
---------------------------------------------------------------------------

    \15\ The air enthalpy approach entails measuring the air flow 
rate, dry-bulb temperature, and water vapor content of air at the 
inlet and outlet of the portable AC.
---------------------------------------------------------------------------

    NEEA, the Joint Commenters, and Rice encouraged the use of load-
based testing for the portable AC test procedure. (NEEA, No. 12 at pp. 
2-3; Joint Commenters, No. 9 at p. 2; Rice, No. 11 at p. 3) NEEA stated 
a load-based test would measure equipment performance under conditions 
that better mimic what a unit is likely to experience in the field. 
According to NEEA, a load-based test is the best way to fully account 
for the effectiveness of controls, cycling effects, and variable-speed 
performance, which would better reflect field performance. (NEEA, No. 
12 at pp. 2-3) The Joint Commenters stated a load-based test would 
further improve representativeness for both single-speed and variable-
speed portable ACs. Specifically, they stated that a load-based test 
would capture cycling losses for single-speed units (as well as for 
variable-speed units to the extent that they exhibit cycling behavior) 
and, for variable-speed units, a load-based test would eliminate the 
need to use confidential, manufacturer-specified compressor speeds for 
the ``low speed'' test. (Joint Commenters, No. 9 at p. 2)
    DOE continues to recognize 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 and in 
the April 2021 RFI, DOE expects that a load-based test would reduce 
repeatability and reproducibility due to current 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); 86 FR 20044, 20051. The psychrometer chambers used to 
test portable ACs using the air enthalpy approach present additional 
challenges for potential load-based testing, because they are not well 
equipped to conduct load-based testing. Air enthalpy testing equipment 
and controls systems are not designed to impose a cooling load; 
instead, they are designed to maintain specified temperature and 
humidity conditions.
Appendix CC and Appendix CC1
    DOE has not identified approaches to mitigate the previously 
identified challenges that are associated with load-based testing, and 
commenters provided none. DOE does not propose load-based testing in 
either appendix CC or the proposed new appendix CC1.
    DOE requests comment on its proposal not to prescribe load-based 
testing in appendix CC or the proposed new appendix CC1.
6. Heating Mode
    DOE tentatively maintains its previous decision not to require 
measuring energy efficiency in heating mode. In the June 2016 Final 
Rule, DOE did not establish an efficiency metric for heating mode. 81 
FR 35241, 35257. In the test procedure NOPR for portable ACs published 
by DOE on February 25, 2015 (February 2015 NOPR), DOE proposed to 
define heating mode as 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. 80 FR 10211, 10217. In the June 2016 Final Rule, 
DOE did not establish a heating mode test or efficiency metric, noting 
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 suggested that portable ACs are not used 
for heating purposes for a substantial amount of time. 81 FR 35241, 
35257. In the April 2021 RFI, DOE sought usage data on portable AC 
heating mode and what portion of portable AC annual energy use is in 
heating mode. 86 FR 20044, 20049.
    In response to the April 2021 RFI, AHAM agreed with DOE's 
conclusion in the June 2016 Final Rule that portable ACs are not used 
for heating purposes for a substantial amount of time and urged DOE to 
not include heating mode in the test procedure. AHAM stated that there 
is no need to capture the energy usage of heating mode since the energy 
use in heating mode is not significant compared to the cooling 
function. AHAM further commented that DOE does not have data on the 
usage of these modes and asserted that without such data, DOE cannot 
add heating mode to the test procedure. AHAM noted that the AHAM PAC-1 
test procedure does not address heating mode, in alignment with the 
current DOE test procedure. (AHAM, No. 8 at p. 3)
    DOE has not identified nor have commenters provided any data that 
would allow DOE to draw a different conclusion to the use of portable 
ACs to provide heating. Thus, DOE requests comment on the tentative 
determination not to establish a heating mode efficiency metric in 
appendix CC and proposed new appendix CC1.
7. Air Circulation Mode
    In air circulation mode, a portable AC has activated only the fan 
or blower and the compressor is off. Unlike off-cycle mode, air 
circulation mode is consumer-initiated. In the June 2016 Final Rule, 
due to a lack of usage information for this mode, DOE adopted the 
proposal not to measure or allocate annual operating hours to air 
circulation mode. 81 FR 35241, 35257.
    In the April 2021 RFI, DOE discussed comments encouraging the 
incorporation of a ``fan-only mode,'' in which the fan is operating but 
the compressor is off, without distinguishing whether the fan operation 
is consumer initiated. DOE stated that it 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 a user-initiated air circulation mode. 
DOE

[[Page 34954]]

therefore sought further clarification and distinction from commenters 
regarding operating hours and energy consumption for a user-initiated 
air-circulation mode, which is not currently addressed in appendix CC. 
86 FR 20044, 20050.
    The portable AC field metering study conducted by Lawrence Berkeley 
National Laboratory (``LBNL'') in 2014 \16\ reported the time only the 
fan was operating. NEEA and the California IOUs commented that it did 
not clearly specify whether those hours were spent in user-initiated 
air-circulation mode or were off-cycle mode hours in which the unit is 
waiting to respond to the thermostat. (NEEA, No. 12 at p. 1; California 
IOUs, No. 10 at p. 5) NEEA stated that the LBNL study did indicate that 
the number of hours spent in fan-only mode are significant and 
recommended that DOE further evaluate the market distribution of 
portable ACs with fan-only mode and the number of hours spent in this 
mode. (NEEA, No. 12 at p. 1)
---------------------------------------------------------------------------

    \16\ ``Using Field-Metered Data to Quantify Annual Energy Use of 
Portable Air Conditioners,'' T. Burke et al., Environmental Energy 
Technologies Division, LBNL, December 2014.
---------------------------------------------------------------------------

    The California IOUs stated that the LBNL study did not determine 
how much time is spent in either of these modes or whether there is any 
difference in power consumption between fan-only and air-circulation 
modes. They recommended that DOE further investigate the market 
distribution of portable ACs and their operating hours in user-
initiated air circulation mode. (California IOUs, No. 10 at p. 5)
    DOE continues to lack data on annual operating hours in air 
circulation mode. DOE is not aware of publicly available data, nor has 
DOE received data from commenters regarding consumer use of user-
initiated air circulation mode. As commenters pointed out, the field 
metering study did not differentiate between time spent with fan 
operation in air circulation mode versus off-cycle mode. When the field 
study was conducted in 2014, DOE investigative testing found that all 
portable ACs in its test sample operate the fan in off-cycle mode once 
cooling mode operation reduces the ambient temperature below the set 
point, as shown in Table III.9 of the portable AC test procedure NOPR 
published on February 25, 2015. 80 FR 10211, 10232. The hours 
attributed to ``fan-only mode'' likely include substantial time in off-
cycle mode, in addition to any time in the user-initiated air 
circulation mode because fan operation in off-cycle mode was likely 
common in portable ACs at the time of the field metering study, based 
on samples analyzed during the previous portable AC test procedure 
rulemaking. 80 FR 10212, 10231. Therefore, DOE cannot effectively 
utilize the field metering study to identify a reliably representative 
number of operating hours in air circulation mode and currently is 
unable to justify the additional test burden that would be associated 
with testing air circulation mode. Only with data for consumer use of 
air circulation mode could DOE determine typical operating hours in air 
circulation mode.
    Appendix CC as proposed and proposed new appendix CC1 would require 
testing in off-cycle mode, and the energy use in that mode would be 
considered part of the efficiency metric. However, DOE is not proposing 
a test for user-initiated air circulation mode.
    DOE requests comment on the tentative determination not to dedicate 
distinct operating hours or testing to user-initiated air circulation 
mode in appendix CC and proposed new appendix CC1.
8. Dehumidification Mode
    In the April 2021 RFI, DOE discussed a comment stating that most 
portable ACs provide a dehumidification feature and recommending that 
DOE further investigate its usage and consider including 
dehumidification mode in an updated test procedure. DOE sought 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. 86 FR 20044, 20051.
    In response to the April 2021 RFI, AHAM stated that there is no 
need for added testing for dehumidification mode because it is not a 
significant energy user compared to the cooling function and it would 
unnecessarily increase testing burden. Additionally, AHAM asserted that 
absent data on the usage of dehumidification mode, DOE cannot 
accurately add it to the test procedure. (AHAM, No. 8 at p. 3)
    By contrast, NEEA commented that 212 out of the 218 products 
available on a major retailer's website as of January 2021 had a 
dehumidification feature. NEEA recommended, given the prevalence of 
this feature, that DOE further investigate the number of hours spent in 
dehumidification mode and include this energy usage in the test 
procedure as warranted. (NEEA, No. 12 at p. 2)
    DOE is unaware of available consumer use data regarding 
dehumidification mode, and the presence of a function in and of itself 
is insufficient to indicate the frequency of its use. Given the lack of 
data, DOE is unable to address dehumidification mode in a 
representative manner. DOE therefore is not proposing test procedure 
provisions regarding dehumidification mode in either appendix CC or 
proposed new appendix CC1.
    DOE requests comment on the tentative determination not to include 
dehumidification mode in appendix CC and proposed new appendix CC1.
9. 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 network connectivity typically operates 
continuously in the background while the portable AC performs other 
functions. DOE recognizes that portable ACs with network functions are 
now readily available on the market in the United States and, in the 
April 2021 RFI, requested (1) further comment and data on the 
prevalence of network connectivity in portable ACs available on the 
market currently or in the near future, (2) available data quantifying 
the power consumption and usage time associated with network 
functionality in portable ACs, and (3) information regarding the 
capabilities and attributes enabled by network functions (e.g., energy 
savings, demand response, convenience functions). 86 FR 20044, 20049-
20050.
    The Joint Commenters and California IOUs encouraged DOE to 
investigate network connectivity in the portable AC test procedure. 
(Joint Commenters, No. 9 at pp. 1-2; California IOUs, No. 10 at p. 5) 
To improve the representativeness of the test procedure, the Joint 
Commenters encouraged DOE to investigate the power consumed by portable 
ACs in network mode and consider incorporating a measurement of the 
standby power consumed when a portable AC with network functions is 
connected to a network. (Joint Commenters, No. 9 at pp. 1-2) The 
California IOUs stated that network connectivity is an important 
operational characteristic. They commented that appliance capability to 
participate in demand response events is growing in relevance and 
stated that California and other states are looking to demand response 
as an option in their flexible demand standards. They further commented 
that, by assessing the effects of network connectivity and further 
encouraging manufacturers to produce appliances capable of responding 
to

[[Page 34955]]

demand response signals, DOE may contribute to greater grid 
reliability. (California IOUs, No. 10 at p. 5)
    By contrast, AHAM urged DOE to follow the approach it adopted for 
room ACs regarding network connectivity and require all network 
functions to be disabled during testing. AHAM revised its room AC test 
procedure to maintain consistency with DOE's position. It noted that 
Section 4.1 of AHAM RAC-1-2020, ``Energy Measurement Test Procedure for 
Room Air Conditioners'' now specifies that units shipped with 
communication devices shall be tested with the communication device 
off, and not connected to any communication network. AHAM asserted that 
there is not yet adequate consumer use data to justify including 
provisions within the room AC or portable AC test procedures to measure 
the energy performance of network-connected products. AHAM further 
stated it is aware that some consumers do not connect their network-
enabled appliances to use the available features. AHAM stated that DOE 
should be mindful that it will take time before many new features, 
designs, and technologies lend themselves to a ``representative 
average'' consumer use, and urged DOE to ensure that the portable AC 
test procedure does not prematurely address new designs which may not 
yet have an average use or be in common use, as doing so could stifle 
innovation. (AHAM, No. 8 at p. 4)
    Based on testing and information from industry, the total power use 
attributable to network connectivity is less than 1 watt and would 
occur only during active hours of operation. DOE estimates that 
including the power consumption of network connectivity would decrease 
CEER by 0.1 percent. While there are several network-connected portable 
ACs on the market with varying implementations of network functions, 
DOE is not aware of any data available, nor did interested parties 
provide any data, regarding the consumer use of network functions. 
Without these data, DOE is unable to establish a representative test 
configuration for assessing the energy consumption of network 
functionality for portable ACs. Therefore, DOE proposes to test 
portable ACs with network functions disabled, if possible, unless they 
cannot be disabled, in which case the portable AC would be tested with 
network functions in the factory default configuration.
    In this NOPR, DOE proposes to specify in both appendix CC and 
proposed new appendix CC1 that, if a portable AC has network functions 
disable all network functions throughout testing if such settings can 
be disabled by the end-user and the product's user manual provides 
instructions on how to do so. If an end-user cannot disable the network 
functions, or the product's user manual does not provide instruction 
for disabling network settings, test the unit with the network settings 
in the factory default configuration for the duration of the test. DOE 
requests comment on this proposal.
10. 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''). In the June 2016 Final Rule, DOE considered the effects of 
heat transfer through the outer chassis of the portable AC to the 
conditioned space (i.e., ``case heat transfer'') but did not adopt 
provisions accounting for case heat transfer. The reasons for DOE's 
choice were 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.
    In the April 2021 RFI, DOE requested: (1) 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; (2) 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; (3) input on any less burdensome 
approaches to address case heat transfer than previously considered in 
the June 2016 Final Rule; (4) 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; and 
(5) 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 British thermal units per 
hour-square foot-degree Fahrenheit (``Btu/h-ft\2\-[deg]F'') remains 
representative for portable ACs in their typical installation and use 
environments. 86 FR 20044, 20049.
    NEEA recommended that DOE maintain key features in the existing 
test procedure in any revision, specifically recommending that DOE 
continue to account for the energy impacts of infiltration air and duct 
heat transfer in the portable AC test procedure, which NEEA asserted 
can have significant effects on capacity and efficiency and therefore 
are appropriately accounted for in the test procedure. (NEEA, No. 12 at 
p. 3)
    The Joint Commenters stated that, while DOE found the average 
impact of case heat transfer on SACC was about 2 percent, the impact 
for individual units tested by DOE ranged from 0 to 9.1 percent. They 
stated that for some units, the current test procedure may be 
significantly overestimating cooling capacity and failing to capture 
design differences that may improve efficiency by reducing case heat 
transfer. The Joint Commenters encouraged DOE to continue to 
investigate the impact of case heat transfer and methods to measure 
case heat transfer to improve the representativeness of the test 
procedure. (Joint Commenters, No. 9 at p. 1)
    DOE has not received data from commenters or otherwise that 
indicates the impacts of case heat transfer have become more 
significant since the publication of the June 2016 Final Rule and when 
the supporting analysis was conducted. Thus, DOE has tentatively 
determined to continue to exclude case heat transfer from the portable 
AC test procedure both in appendix CC and appendix CC1 as concluded in 
the June 2016 Final Rule. DOE also proposes to maintain the 
incorporation of the energy impacts of infiltration air and duct heat 
transfer in the portable AC test procedure.
    DOE requests comment on the tentative determinations to continue to 
include the energy impacts of infiltration air and duct heat transfer 
and exclude case heat transfer in appendix CC and proposed new appendix 
CC1.

C. Representations of Energy Efficiency

    Manufacturers, including importers, must use product-specific test 
procedures in 10 CFR part 430 and sampling and rounding requirements in 
10 CFR part 429 to determine the represented values of energy 
consumption or energy efficiency of a basic model. The proposed 
appendix CC1 would require use of AEER for representing the energy 
efficiency of a basic model of portable AC, which is different from the 
current metric for models tested using appendix CC. DOE proposes to add 
rounding instructions consistent with those in Table 1 of AHAM PAC-1-
2022 Draft in 10 CFR 429.62 when representing the energy efficiency of 
a basic model tested using

[[Page 34956]]

appendix CC1. DOE also proposes to incorporate the AHAM PAC-1-2022 
Draft standard by reference in 10 CFR 429.4.
    DOE requests comment on the proposals to add rounding requirements 
consistent with AHAM PAC-1-2022 Draft when certifying using appendix 
CC1 in 10 CFR 429.62. DOE also requests comment on its proposal to 
incorporate AHAM PAC-1-2022 Draft by reference in 10 CFR 429.4.

D. Test Procedure Costs and Harmonization

1. Test Procedure Costs and Impact
    In this NOPR, DOE proposes to amend the existing test procedure for 
portable ACs by amending appendix CC and adopting a new appendix CC1. 
DOE has tentatively determined that these proposed amendments would not 
impact testing costs as discussed in the following paragraphs.
a. Appendix CC
    DOE proposes to amend appendix CC to account for variable-speed 
portable ACs per the LG Waiver and Midea Interim Waivers with 
modifications. As discussed, the LG Waiver uses manufacturer 
instructions to achieve a fixed full compressor speed, but DOE's 
proposal uses consumer settings and a setpoint of 75 [deg]F to do so. 
However, the modification would not require testing at additional 
conditions or increase the test time, as compared to the LG Waiver. As 
such, DOE has tentatively determined that the cost per test under 
appendix CC as proposed would be the same as the alternate test 
procedure specified in the LG Waiver. Due to the modification, the 
compressor speed required by the LG Waiver may differ from the 
compressor speed that would be required under the proposed amendments 
to appendix CC. LG would need to retest the variable-speed portable ACs 
subject to the LG Waiver if DOE amends the test procedure in a way that 
requires testing at a different compressor speed. At a minimum, LG 
would need to recertify any such units that are already certified, 
given the different full compressor speed and cycling factor proposed 
in appendix CC. Furthermore, if DOE adopts the amendments proposed in 
this NOPR, LG would be required to update representations of its 
variable-speed portable ACs subject to the LG Waiver to rely on 
SACCFull using the full compressor speed at the 83 [deg]F 
test condition and to use the proposed new CF. These updates would not 
require retesting, only additional calculations using data already 
collected. The Midea variable-speed portable ACs subject to the 
existing interim waiver would not need to be retested, as there is no 
substantive difference in testing between the Midea Interim Waiver and 
the proposed amended appendix CC. However, like LG, Midea would be 
required to update representations of their variable-speed portable ACs 
to rely on SACCFull using the full compressor speed at the 
83 [deg]F test condition and to use the proposed new CF, if DOE adopts 
the proposed amendments. This update would not require retesting, only 
additional calculations using data already collected.
    DOE requests comment on its characterization of test procedure 
costs and impacts of the proposed amendments to appendix CC.
b. Appendix CC1
    DOE proposes to adopt a new appendix CC1 consistent with AHAM PAC-
1-2022 Draft with modifications. For single-speed units, AHAM PAC-1-
2022 Draft uses the same test conditions as the current appendix CC. 
For variable-speed portable ACs, AHAM PAC-1-2022 Draft uses the 
existing temperature conditions but has two additions. First, for a 
dual-duct variable-speed portable AC it adds a third test condition for 
full compressor speed at the low test condition. Second, it adds a 
specification to set the compressor speed to a low speed using 
manufacturer instructions at the lower temperature test condition. This 
proposal is consistent with the amendments to appendix CC above with 
three exceptions. First, appendix CC1 also updates the SACC and CEER 
calculations for all units to improve the representativeness of the 
test procedure with updated operating hours. Second, it adds a single-
speed CF. Third, it includes adjustments to reflect the cooling 
provided at the 83 [deg]F test condition. Under the proposed appendix 
CC1, cycling behavior would be factored into the measured values for 
all single-speed units, not just for variable-speed units as in 
appendix CC. DOE proposes that testing under proposed new appendix CC1 
would not be required unless and until DOE adopts amended energy 
conservation standards that are based on the proposed new appendix CC1, 
and compliance with those standards is required. At that time, 
manufacturers would have to, in accordance with appendix CC1, re-test 
and re-certify all currently certified basic models.
    DOE requests comment on its characterization of test procedure 
costs and impacts of the proposed new test procedure at appendix CC1.
2. Harmonization With Industry Standards
    DOE's established practice is to adopt relevant industry standards 
as DOE test procedures unless such methodology would be unduly 
burdensome to conduct or would not produce test results that reflect 
the energy efficiency, energy use, water use (as specified in EPCA) or 
estimated operating costs of that product during a representative 
average use cycle or period of use. Section 8(c) of appendix A of 10 
CFR part 430 subpart C. When the industry standard does not meet EPCA 
statutory criteria for test procedures, through the rulemaking process 
DOE will establish a test procedure reflecting modifications to these 
standards.
    As discussed, appendices CC and CC1 incorporate by reference ANSI/
AHAM PAC-1-2015, ANSI/ASHRAE Standard 37-2009, IEC Standard 62301, 
ANSI/ASHRAE Standard 41.1-1986, ANSI/ASRHAE Standard 41.6-1994 (RA 
2006), and ANSI/ASHRAE Standard 51-1999 with modifications. The 
industry standards DOE proposes to incorporate by reference are 
discussed in further detail in section IV.N of this document. DOE 
requests comments on the benefits and burdens of the proposed updates 
and additions to industry standards referenced in the test procedure 
for portable ACs.

E. Compliance Date and Waivers

    EPCA prescribes that, if DOE amends a test procedure, all 
representations of energy efficiency and energy use, including those 
made on marketing materials and product labels, must be made in 
accordance with that amended test procedure, beginning 180 days after 
publication of such a test procedure final rule in the Federal 
Register. (42 U.S.C. 6293(c)(2)) To the extent the modified test 
procedure proposed in this document is required only for the evaluation 
and issuance of updated efficiency standards, use of the modified test 
procedure, if finalized, would not be required until the compliance 
date of updated standards. Section 8(e) of appendix A 10 CFR part 430 
subpart C.
    If DOE publishes an amended test procedure, EPCA provides an 
allowance for individual manufacturers to petition DOE for an extension 
of the 180-day period if the manufacturer would experience undue 
hardship in meeting the deadline. (42 U.S.C. 6293(c)(3)) To receive 
such an extension, petitions must be filed with DOE no later than 60 
days before the end of the 180-day period and must detail how the 
manufacturer will experience undue hardship. (Id.)

[[Page 34957]]

    If DOE amends the test procedure, upon the compliance date of test 
procedure provisions of the amended test procedure, any waivers that 
had been previously issued and are in effect that pertain to issues 
addressed by such provisions are terminated. 10 CFR 430.27(h)(3). As of 
the compliance date of the amended test procedure, recipients of any 
such waivers would be required to test the products subject to the 
waiver according to the amended test procedure. This includes LG and 
Midea because the amendments proposed in this document pertain to 
issues addressed by waiver and interim waiver DOE granted to them.\17\
---------------------------------------------------------------------------

    \17\ The LG Waiver was in Case No. 2018-004; the Midea Interim 
Waiver was in Case No. 2020-006.
---------------------------------------------------------------------------

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866 and 13563

    Executive Order (``E.O.'') 12866, ``Regulatory Planning and 
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving 
Regulation and Regulatory Review, 76 FR 3821 (Jan. 21, 2011), requires 
agencies, to the extent permitted by law, to (1) propose or adopt a 
regulation only upon a reasoned determination that its benefits justify 
its costs (recognizing that some benefits and costs are difficult to 
quantify); (2) tailor regulations to impose the least burden on 
society, consistent with obtaining regulatory objectives, taking into 
account, among other things, and to the extent practicable, the costs 
of cumulative regulations; (3) select, in choosing among alternative 
regulatory approaches, those approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity); (4) to the 
extent feasible, specify performance objectives, rather than specifying 
the behavior or manner of compliance that regulated entities must 
adopt; and (5) identify and assess available alternatives to direct 
regulation, including providing economic incentives to encourage the 
desired behavior, such as user fees or marketable permits, or providing 
information upon which choices can be made by the public. DOE 
emphasizes as well that E.O. 13563 requires agencies to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible. In its guidance, the 
Office of Information and Regulatory Affairs (``OIRA'') in the Office 
of Management and Budget (``OMB'') has emphasized that such techniques 
may include identifying changing future compliance costs that might 
result from technological innovation or anticipated behavioral changes. 
For the reasons stated in the preamble, this proposed regulatory action 
is consistent with these principles.
    Section 6(a) of E.O. 12866 also requires agencies to submit 
``significant regulatory actions'' to OIRA for review. OIRA has 
determined that this proposed regulatory action does not constitute a 
``significant regulatory action'' under section 3(f) of E.O. 12866. 
Accordingly, this action was not submitted to OIRA for review under 
E.O. 12866.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (``IRFA'') 
for any rule that by law must be proposed for public comment, unless 
the agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by E.O. 13272, ``Proper Consideration of Small Entities in 
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published 
procedures and policies on February 19, 2003, to ensure that the 
potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's website: http://energy.gov/gc/office-general-counsel">energy.gov/gc/office-general-counsel.
    DOE reviewed this proposed rule under the provisions of the 
Regulatory Flexibility Act and the procedures and policies published on 
February 19, 2003. DOE certifies that the proposed rule, if adopted, 
would not have significant economic impact on a substantial number of 
small entities. The factual basis of this certification is set forth in 
the following paragraphs.
    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 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 or period of 
use. (42 U.S.C. 6293(b)(1)(A))
    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. (42 U.S.C. 6295(gg)(2)(A)) Standby mode and off 
mode energy consumption must be integrated into the overall energy 
efficiency, energy consumption, or other energy descriptor for each 
covered product unless the current test procedures already account for 
standby and off mode energy consumption or such integration is 
technically infeasible. If an integrated test procedure is technically 
infeasible, DOE must prescribe a separate standby mode and off mode 
energy use test procedure for the covered product, if technically 
feasible. (42 U.S.C. 6295(gg)(2)(A)(ii)) Any such amendment must 
consider the most current versions of the IEC Standard 62301 and IEC 
Standard 62087 as applicable. (42 U.S.C. 6295(gg)(2)(A))
    DOE is proposing amendments to the test procedure for portable ACs 
in satisfaction of its statutory obligations under EPCA. Specifically, 
DOE proposes to amend 10 CFR 429.4 ``Materials incorporated by 
reference'' and 10 CFR 429.62, ``Portable air conditioners'' as 
follows:
    (7) Incorporate by reference AHAM PAC-1-2022 Draft, ``Portable Air 
Conditioners'' (``AHAM PAC-1-2022 Draft'') which includes an industry-
accepted method for testing variable-speed portable ACs, in 10 CFR 
429.4;
    (8) Add rounding instructions for the SACC, CEER, and AEER in 10 
CFR 429.62;
    In addition, DOE proposes to update 10 CFR 430.2, ``Definitions'' 
and 10 CFR 430.23, ``Test procedures for the measurement of energy and 
water consumption'' as follows:
    (1) Add a definition for the term ``combined-duct'' to 10 CFR 
430.2; and
    (2) Add requirements to determine estimated annual operating cost 
for single-duct and dual-duct variable-speed portable ACs in 10 CFR 
430.23.
    DOE also proposes to amend appendix CC to subpart B of part 430--
Uniform Test Method for Measuring the Energy Consumption of Portable 
Air Conditioners'' as follows:

[[Page 34958]]

    (3) Add definitions in section 2 for ``combined-duct,'' ``single-
speed,'' ``variable-speed,'' ``full compressor speed (full),'' ``low 
compressor speed (low),'' and ``theoretical comparable single-speed;''
    (4) Divide section 4.1 into two sections, 4.1.1 and 4.1.2, for 
single-speed and variable-speed portable ACs, respectively, and detail 
configuration-specific cooling mode testing requirements for variable-
speed portable ACs;
    (5) Add a requirement in section 4.1.2 that, for variable-speed 
portable ACs, the full compressor speed at the 95 [deg]F test condition 
be achieved with user controls, and the low compressor speed at the 83 
[deg]F test condition be achieved with manufacturer-provided settings 
or controls;
    (6) Add a cycling factor, CF, in section 5.5.1;
    (7) Add a requirement to calculate SACC with full compressor speed 
at the 95 [deg]F test condition and low compressor speed at the 83 
[deg]F test condition in sections 5.1 and 5.2, consistent with the LG 
waiver and Midea interim waiver, with an additional requirement for 
variable-speed portable ACs to represent SACC with full compressor 
speed for both test conditions, and;
    (8) Add a requirement in section 3.1.2 that, if a portable AC has 
network functions, all network functions must be disabled throughout 
testing if such settings can be disabled by the end-user and the 
product's user manual provides instructions on how to do so. If the 
network functions cannot be disabled by the end-user, or the product's 
user manual does not provide instruction for disabling network 
settings, test the unit with the network settings in the factory 
default configuration for the duration of the test.
    DOE additionally proposes to adopt a new ``appendix CC1 to subpart 
B of Part 430--Uniform Test Method for Measuring the Energy Consumption 
of Portable Air Conditioners'' which would incorporate by reference 
AHAM PAC-1-2022 Draft and include the following changes:
    (9) Incorporate by reference parts of AHAM PAC-1-2022 Draft, which 
includes an industry-accepted method for testing variable-speed 
portable ACs;
    (10) Adopt a new efficiency metric, AEER, to more representatively 
calculate the efficiency of both variable-speed and single-speed 
portable ACs;
    (11) Amend the annual operating hours;
    (12) Update the SACC and CEER equations for both single-speed and 
variable-speed portable ACs;
    (13) Apply a CF to single-speed portable AC efficiency; and
    (14) Add a requirement that, if a portable AC has network 
functions, disable all network functions throughout testing. If the 
network functions cannot be disabled by the end-user, or the product's 
user manual does not provide instruction for disabling network 
settings, then test the unit with the network function settings in the 
factory default configuration for the duration of the test.
    Testing according to the proposed new appendix CC1, if made final, 
would not be required until compliance is required with amended energy 
conservation standards that are based on the proposed new appendix CC1, 
should such standards be established.
    The Small Business Administration (``SBA'') considers a business 
entity to be small business, if, together with its affiliates, it 
employs less than a threshold number of workers specified in 13 CFR 
part 121. DOE used SBA's small business size standards to determine 
whether any small entities would be subject to the requirements of the 
rule. These size standards and codes are established by the North 
American Industry Classification System (``NAICS'') and are available 
at www.sba.gov/document/support--table-size-standards. Portable ACs are 
classified under NAICS 333415, ``Air-Conditioning and Warm Air Heating 
Equipment and Commercial and Industrial Refrigeration Equipment 
Manufacturing.'' The SBA sets a threshold of 1,250 employees or fewer 
for an entity to be considered as a small business for this category.
    DOE used the California Energy Commission's Modernized Appliance 
Efficiency Database System (``MAEDbS'') \18\ to create a list of 
companies that sell portable ACs covered by this rulemaking in the 
United States. DOE consulted publicly available data, such as 
manufacturer websites, manufacturer specifications and product 
literature, import and export logs, and basic model numbers, to 
identify original equipment manufacturers (``OEMs'') of the products 
covered by this proposed rulemaking. DOE relied on public data and 
subscription-based market research tools (e.g., Dun & Bradstreet 
reports) \19\ to determine company location, headcount, and annual 
revenue. DOE screened out companies that do not offer products covered 
by this proposed rulemaking, do not meet the SBA's definition of a 
``small business,'' or are foreign-owned and operated.
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    \18\ cacertappliances.energy.ca.gov/Pages/Search/AdvancedSearch.aspx. Last accessed November 22, 2021.
    \19\ The Dun & Bradstreet Hoovers subscription login is 
available online at app.dnbhoovers.com/.
---------------------------------------------------------------------------

    DOE identified 17 companies that are OEMs of portable ACs. In 
reviewing the 17 OEMs, DOE did not identify any domestic OEMs that met 
the SBA criteria for a small entity. Given the lack of small entities 
with a direct compliance burden, DOE concludes that the impacts of the 
proposed test procedure amendments outlined in this NOPR would not have 
a ``significant economic impact on a substantial number of small 
entities.'' DOE will transmit the certification and supporting 
statement of factual basis to the Chief Counsel for Advocacy of the 
Small Business Administration for review under 5 U.S.C. 605(b).
    DOE seeks comment on its findings that there are no small 
businesses that are OEMs of portable ACs based in the United States. 
DOE also seeks comment on its conclusion that the proposed test 
procedure amendments would not have a significant impact on a 
substantial number of small manufacturers.

C. Review Under the Paperwork Reduction Act of 1995

    OMB Control Number 1910-1400, Compliance Statement Energy/Water 
Conservation Standards for Appliances, is currently valid and assigned 
to the certification reporting requirements applicable to covered 
equipment, including portable ACs.
    DOE's certification and compliance activities ensure accurate and 
comprehensive information about the energy and water use 
characteristics of covered products and covered equipment sold in the 
United States. Manufacturers of all covered products and covered 
equipment must submit a certification report before a basic model is 
distributed in commerce, annually thereafter, and if the basic model is 
redesigned in such a manner to increase the consumption or decrease the 
efficiency of the basic model such that the certified rating is no 
longer supported by the test data. Additionally, manufacturers must 
report when production of a basic model has ceased and is no longer 
offered for sale as part of the next annual certification report 
following such cessation. DOE requires the manufacturer of any covered 
product or covered equipment to establish, maintain, and retain the 
records of certification reports, of the underlying test data for all 
certification testing, and of any other testing conducted to satisfy 
the requirements of 10 CFR part 429, 10 CFR part 430, and/or 10 CFR 
part 431. Certification reports

[[Page 34959]]

provide DOE and consumers with comprehensive, up-to date efficiency 
information and support effective enforcement.
    The proposal in this NOPR would amend the representations of 
capacity for variable-speed portable ACs currently subject to test 
procedure waivers. If made final, the proposed amendments to appendix 
CC in this NOPR would require use of a new metric, i.e., 
SACCFull. DOE is not proposing certification or reporting 
requirements for portable ACs subject to appendix CC in this NOPR. 
Instead, DOE may consider proposals to address amendments to the 
certification requirements and reporting for portable ACs under a 
separate rulemaking regarding appliance and equipment certification. 
DOE will address changes to OMB Control Number 1910-1400 at that time, 
as necessary.
    To the extent that the proposed new appendix CC1 would necessitate 
the reporting of different or additional information, DOE may consider 
proposals to amend the certification requirements and reporting for 
portable ACs under a separate rulemaking regarding appliance and 
equipment certification.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this NOPR, DOE proposes test procedure amendments that it 
expects will be used to develop and implement future energy 
conservation standards for portable ACs. DOE has determined that this 
proposed rule falls into a class of actions that are categorically 
excluded from review under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) and DOE's implementing regulations at 10 
CFR part 1021. Specifically, DOE has determined that adopting test 
procedures for measuring energy efficiency of consumer products and 
industrial equipment is consistent with activities identified in 10 CFR 
part 1021, appendix A to subpart D, A5 and A6. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 13132

    E.O. 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999) imposes 
certain requirements on agencies formulating and implementing policies 
or regulations that preempt State law or that have federalism 
implications. The E.O. requires agencies to examine the constitutional 
and statutory authority supporting any action that would limit the 
policymaking discretion of the States and to carefully assess the 
necessity for such actions. The E.O. also requires agencies to have an 
accountable process to ensure meaningful and timely input by State and 
local officials in the development of regulatory policies that have 
federalism implications. On March 14, 2000, DOE published a statement 
of policy describing the intergovernmental consultation process it will 
follow in the development of such regulations. 65 FR 13735. DOE has 
examined this proposed rule and has determined that it would not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government. EPCA 
governs and prescribes Federal preemption of State regulations as to 
energy conservation for the products that are the subject of this 
proposed rule. States can petition DOE for exemption from such 
preemption to the extent, and based on criteria, set forth in EPCA. (42 
U.S.C. 6297(d)) No further action is required by E.O. 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of E.O. 12988, ``Civil Justice 
Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal agencies the 
general duty to adhere to the following requirements: (1) eliminate 
drafting errors and ambiguity, (2) write regulations to minimize 
litigation, (3) provide a clear legal standard for affected conduct 
rather than a general standard, and (4) promote simplification and 
burden reduction. Section 3(b) of E.O. 12988 specifically requires that 
executive agencies make every reasonable effort to ensure that the 
regulation (1) clearly specifies the preemptive effect, if any, (2) 
clearly specifies any effect on existing Federal law or regulation, (3) 
provides a clear legal standard for affected conduct while promoting 
simplification and burden reduction, (4) specifies the retroactive 
effect, if any, (5) adequately defines key terms, and (6) addresses 
other important issues affecting clarity and general draftsmanship 
under any guidelines issued by the Attorney General. Section 3(c) of 
E.O. 12988 requires executive agencies to review regulations in light 
of applicable standards in sections 3(a) and 3(b) to determine whether 
they are met or it is unreasonable to meet one or more of them. DOE has 
completed the required review and determined that, to the extent 
permitted by law, the proposed rule meets the relevant standards of 
E.O. 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'') 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a proposed regulatory action likely to result in a rule that may 
cause the expenditure by State, local, and Tribal governments, in the 
aggregate, or by the private sector of $100 million or more in any one 
year (adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; also available 
at http://energy.gov/gc/office-general-counsel. DOE examined this 
proposed rule according to UMRA and its statement of policy and 
determined that the rule contains neither an intergovernmental mandate, 
nor a mandate that may result in the expenditure of $100 million or 
more in any year, so these requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This proposed rule would not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

[[Page 34960]]

I. Review Under Executive Order 12630

    DOE has determined, under E.O. 12630, ``Governmental Actions and 
Interference with Constitutionally Protected Property Rights'' 53 FR 
8859 (March 18, 1988), that this proposed regulation would not result 
in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant 
to OMB Memorandum M-19-15, Improving Implementation of the Information 
Quality Act (April 24, 2019), DOE published updated guidelines which 
are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has 
reviewed this proposed rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    E.O. 13211, ``Actions Concerning Regulations That Significantly 
Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 (May 22, 
2001), requires Federal agencies to prepare and submit to OMB, a 
Statement of Energy Effects for any proposed significant energy action. 
A ``significant energy action'' is defined as any action by an agency 
that promulgated or is expected to lead to promulgation of a final 
rule, and that (1) is a significant regulatory action under E.O. 12866, 
or any successor order; and (2) is likely to have a significant adverse 
effect on the supply, distribution, or use of energy; or (3) is 
designated by the Administrator of OIRA as a significant energy action. 
For any proposed significant energy action, the agency must give a 
detailed statement of any adverse effects on energy supply, 
distribution, or use should the proposal be implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    The proposed regulatory action to amend the test procedure for 
measuring the energy efficiency of portable ACs is not a significant 
regulatory action under E.O. 12866. Moreover, it would not have a 
significant adverse effect on the supply, distribution, or use of 
energy, nor has it been designated as a significant energy action by 
the Administrator of OIRA. Therefore, it is not a significant energy 
action, and, accordingly, DOE has not prepared a Statement of Energy 
Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; 
``FEAA'') Section 32 essentially provides in relevant part that, where 
a proposed rule authorizes or requires use of commercial standards, the 
NOPR must inform the public of the use and background of such 
standards. In addition, section 32(c) requires DOE to consult with the 
Attorney General and the Chairman of the Federal Trade Commission 
(``FTC'') concerning the impact of the commercial or industry standards 
on competition.
    The proposed modifications to the test procedure for portable ACs 
would incorporate testing methods contained in certain sections of the 
following commercial standards: ANSI/AHAM PAC-1-2015, AHAM PAC-1-2022 
Draft, ANSI/ASHRAE Standard 37-2009, and IEC 62301. DOE has evaluated 
these standards and is unable to conclude whether they fully comply 
with the requirements of section 32(b) of the FEAA (i.e., whether it 
was developed in a manner that fully provides for public participation, 
comment, and review.) DOE will consult with both the Attorney General 
and the Chairman of the FTC concerning the impact of these test 
procedures on competition, prior to prescribing a final rule.

M. Description of Materials Incorporated by Reference

    In this NOPR, DOE proposes to incorporate by reference in the 
proposed appendix CC1 the draft test standard provided by AHAM, titled, 
``Portable Air Conditioners AHAM PAC-1-2022 Draft.'' AHAM PAC-1-2022 
Draft is a draft industry test procedure that measures portable AC 
performance in cooling mode in a more representative manner than the 
previous iteration, ANSI/AHAM PAC-1-2015, and is applicable to products 
sold in North America. AHAM PAC-1-2022 Draft specifies testing 
conducted in accordance with other industry-accepted test procedures 
and determines energy efficiency metrics for various portable AC 
configurations and compressor types (i.e., single-speed and variable-
speed). The appendix CC1 test procedure proposed in this NOPR 
references various sections of AHAM PAC-1-2022 Draft that address test 
setup, instrumentation, test conduct, calculations, and rounding.
    Copies of AHAM PAC-1-2022 Draft may be purchased from the 
Association of Home Appliance Manufacturers at 1111 19th Street NW, 
Suite 402, Washington, DC 20036, or by going to www.aham.org/ht/d/Store/.
    In this NOPR, DOE also proposes to incorporate by reference the 
test standard ASHRAE Standard 37-2009, titled ``Methods of Testing for 
Rating Electrically Driven Unitary Air-Conditioning and Heat Pump 
Equipment,'' (ANSI Approved). ANSI/ASHRAE Standard 37-2009 is an 
industry-accepted test standard referenced by ANSI/AHAM PAC-1-2015 that 
defines various uniform methods for measuring performance of air 
conditioning and heat pump equipment. Although ANSI/AHAM PAC-1-2015 
references a number of sections in ANSI/ASHRAE Standards 37-2009, the 
test procedure established in this proposed rule additionally 
references one section in ANSI/ASHRAE Standard 37-2009 that addresses 
test duration.
    Copies of ANSI/ASHRAE Standard 37-2009 can be obtained from the 
American Society of Heating, Refrigerating and Air-Conditioning 
Engineers, Inc., at Publication Sales, 1791 Tullie Circle NE, Atlanta, 
GA 30329, or by going to www.ashrae.org.
    In this NOPR, DOE also proposes to incorporate by reference the 
test standard ANSI/ASHRAE 51-1999 (also called ANSI/AMCA 210), titled 
``Laboratory Methods of Testing Fans for Certified Aerodynamic 
Performance Rating.'' ANSI/ASHRAE 51-1999 is an industry-accepted test 
standard referenced by ANSI/ASHRAE Standard 37-2009 that defines 
methods for measuring the characteristics of air flow.
    Copies of ANSI/ASHRAE 51-1999 can be obtained from the American 
Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., 
at Publication Sales, 1791 Tullie Circle NE, Atlanta, GA 30329, or by 
going to www.ashrae.org.
    In this NOPR, DOE also proposes to incorporate by reference the 
test standard ANSI/ASHRAE 41.1-1986, titled ``Standard Method for 
Temperature Measurement,'' (ANSI

[[Page 34961]]

Approved). ANSI/ASHRAE 41.1-1986 is an industry-accepted test standard 
referenced by ANSI/ASHRAE Standard 37-2009 that defines a standard 
method for measuring temperature.
    Copies of ANSI/ASHRAE 41.1-1986 can be obtained from the American 
Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc., 
at Publication Sales, 1791 Tullie Circle NE, Atlanta, GA 30329, or by 
going to www.ashrae.org.
    In this NOPR, DOE also proposes to incorporate by reference the 
test standard ANSI/ASHRAE 41.6-1994 (RA 2006), titled ``Standard Method 
for Measurement of Moist Air Properties,'' (ANSI Approved). ANSI/ASHRAE 
41.6-1994 (RA 2006) is an industry-accepted test standard referenced by 
ANSI/ASHRAE Standard 37-2009 that defines a standard method for 
measuring moist air properties, including humidity and wet-bulb 
temperature.
    Copies of ANSI/ASHRAE 41.6-1994 (RA 2006) can be obtained from the 
American Society of Heating, Refrigerating and Air-Conditioning 
Engineers, Inc., at Publication Sales, 1791 Tullie Circle NE, Atlanta, 
GA 30329, or by going to www.ashrae.org.
    In this NOPR, DOE also proposes to incorporate by reference the 
test standard IEC 62301, titled ``Household electrical appliances--
Measurement of standby power,'' (Edition 2.0, 2011-01). IEC 62301 is an 
industry-accepted test standard that sets a standardized method to 
measure the standby power of household and similar electrical 
appliances. IEC 62301 includes details regarding test set-up, test 
conditions, and stability requirements that are necessary to ensure 
consistent and repeatable standby and off-mode test results.
    Copies of IEC 62301 can be obtained from the American National 
Standards Institute at 25 W 43rd Street, 4th Floor, New York, or by 
going to webstore.ansi.org.

V. Public Participation

A. Participation in the Webinar

    The time and date of the webinar meeting are listed in the DATES 
section at the beginning of this document. Webinar registration 
information, participant instructions, and information about the 
functions available to webinar participants will be published on DOE's 
website: www1.eere.energy.gov/buildings/appliance_standards/standards.aspx?productid=65. Participants are responsible for ensuring 
their systems are compatible with the webinar software.

B. Procedure for Submitting Prepared General Statements for 
Distribution

    Any person who has an interest in the topics addressed in this 
proposed rulemaking, or who is representative of a group or class of 
persons that has an interest in these issues, may request an 
opportunity to make an oral presentation at the webinar. Such persons 
may submit to [email protected]. Persons who wish 
to speak should include with their request a computer file in 
WordPerfect, Microsoft Word, PDF, or text (ASCII) file format that 
briefly describes the nature of their interest in this proposed 
rulemaking and the topics they wish to discuss. Such persons should 
also provide a daytime telephone number where they can be reached.

C. Conduct of the Webinar

    DOE will designate a DOE official to preside at the webinar and may 
also use a professional facilitator to aid discussion. The meeting will 
not be a judicial or evidentiary-type public hearing, but DOE will 
conduct it in accordance with section 336 of EPCA (42 U.S.C. 6306). A 
court reporter will be present to record the proceedings and prepare a 
transcript. DOE reserves the right to schedule the order of 
presentations and to establish the procedures governing the conduct of 
the webinar. There shall not be discussion of proprietary information, 
costs or prices, market share, or other commercial matters regulated by 
U.S. anti-trust laws. After the webinar/public meeting and until the 
end of the comment period, interested parties may submit further 
comments on the proceedings and any aspect of the proposed rulemaking.
    The webinar will be conducted in an informal, conference style. DOE 
will present a general overview of the topics addressed in this 
proposed rulemaking, allow time for prepared general statements by 
participants, and encourage all interested parties to share their views 
on issues affecting this proposed rulemaking. Each participant will be 
allowed to make a general statement (within time limits determined by 
DOE), before the discussion of specific topics. DOE will permit, as 
time permits, other participants to comment briefly on any general 
statements.
    At the end of all prepared statements on a topic, DOE will permit 
participants to clarify their statements briefly. Participants should 
be prepared to answer questions by DOE and by other participants 
concerning these issues. DOE representatives may also ask questions of 
participants concerning other matters relevant to this rulemaking. The 
official conducting the webinar will accept additional comments or 
questions from those attending, as time permits. The presiding official 
will announce any further procedural rules or modification of the above 
procedures that may be needed for the proper conduct of the webinar/
public meeting.
    A transcript of the webinar/public meeting will be included in the 
docket, which can be viewed as described in the Docket section at the 
beginning of this proposed rule. In addition, any person may buy a copy 
of the transcript from the transcribing reporter.

D. Submission of Comments

    DOE will accept comments, data, and information regarding this 
proposed rule no later than the date provided in the DATES section at 
the beginning of this proposed rule.\20\ Interested parties may submit 
comments using any of the methods described in the ADDRESSES section at 
the beginning of this document.
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    \20\ DOE has historically provided a 75-day comment period for 
test procedure NOPRs pursuant to the North American Free Trade 
Agreement, U.S.-Canada-Mexico (``NAFTA''), Dec. 17, 1992, 32 I.L.M. 
289 (1993); the North American Free Trade Agreement Implementation 
Act, Public Law 103-182, 107 Stat. 2057 (1993) (codified as amended 
at 10 U.S.C.A. 2576) (1993) (``NAFTA Implementation Act''); and E.O. 
12889, ``Implementation of the North American Free Trade 
Agreement,'' 58 FR 69681 (Dec. 30, 1993). However, on July 1, 2020, 
the Agreement between the United States of America, the United 
Mexican States, and Canada (``USMCA''), Nov. 30, 2018, 134 Stat. 11 
(i.e., the successor to NAFTA), went into effect, and Congress's 
action in replacing NAFTA through the USMCA Implementation Act, 19 
U.S.C. 4501 et seq. (2020), implies the repeal of E.O. 12889 and its 
75-day comment period requirement for technical regulations. Thus, 
the controlling laws are EPCA and the USMCA Implementation Act. 
Consistent with EPCA's public comment period requirements for 
consumer products, the USMCA only requires a minimum comment period 
of 60 days. Consequently, DOE now provides a 60-day public comment 
period for test procedure NOPRs.
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    Submitting comments via http://www.regulations.gov. The 
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

[[Page 34962]]

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 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 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 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 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 www.regulations.gov. If 
you do not want your personal contact information to be publicly 
viewable, do not include it in your comment or any accompanying 
documents. Instead, provide your contact information on a cover letter. 
Include your first and last names, email address, telephone number, and 
optional mailing address. The cover letter will not be publicly 
viewable as long as it does not include any comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via 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 faxes will be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, 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 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).

E. Issues on Which DOE Seeks Comment

    Although DOE welcomes comments on any aspect of this proposal, DOE 
is particularly interested in receiving comments and views of 
interested parties concerning the following issues:
    (1) DOE requests comment on the proposal to incorporate by 
reference AHAM PAC-1-2022 Draft in a new appendix CC1, with 
modifications to address comparability and representativeness.
    (2) DOE requests comment on the proposal to amend the operating 
hours in the proposed new appendix CC1 as shown in Table III.2 above.
    (3) DOE requests comment on the proposal to adopt in the new 
appendix CC1 the requirement that portable ACs able to operate as both 
a single-duct and dual-duct portable AC, as distributed in commerce by 
the manufacturer, must be tested and rated for both duct 
configurations.
    (4) DOE requests comment on the proposal to add variable-speed test 
conditions in appendix CC consistent with the LG Waiver and Midea 
Interim Waiver while otherwise retaining the current test conditions, 
and to adopt the AHAM PAC-1-2022 Draft test conditions in the proposed 
new appendix CC1.
    (5) DOE requests comment on the proposal to add compressor speed 
requirements in appendix CC consistent with the Midea Interim Waiver, 
and to adopt the AHAM PAC-1-2022 Draft compressor speed requirements in 
the proposed new appendix CC1.
    (6) DOE requests comment on the proposal to maintain in the revised 
appendix CC the current SACC calculation for single-speed units and to 
adopt a SACC calculation consistent with the test procedure waivers for 
variable-speed units for the purposes of determining CEER. DOE also 
requests comment on the proposal to require manufacturers of variable-
speed units to represent cooling capacity using a new metric, SACCFull, 
based on full load performance at the low temperature condition. DOE 
further requests comment on the proposal to adopt an updated SACC 
calculation for single-speed units and variable-speed units that 
accounts for reduced cooling load at the 83 [deg]F test condition in 
the proposed new appendix CC1.
    (7) DOE requests comment on the proposed weighting factors in the 
proposed new appendix CC1 (0.144 for the 95 [deg]F test condition and 
0.856 for the 83 [deg]F test condition).
    (8) DOE requests comment on the proposal to adopt a CF of 0.82 
based on DOE's investigative testing, in appendix CC and in the 
proposed new appendix CC1.
    (9) DOE requests comment on its proposal not to prescribe load-
based testing in appendix CC or the proposed new appendix CC1.
    (10) DOE requests comment on the tentative determination not to 
dedicate distinct operating hours or testing to user-initiated air 
circulation mode in appendix CC and proposed new appendix CC1.
    (11) DOE requests comment on the tentative determination not to 
include dehumidification mode in appendix CC and proposed new appendix 
CC1.
    (12) DOE requests comment on this proposal.
    (13) DOE requests comment on the tentative determinations to 
continue to include the energy impacts of infiltration air and duct 
heat transfer and exclude case heat transfer in appendix CC and 
proposed new appendix CC1.
    (14) DOE requests comment on its characterization of test procedure 
costs and impacts of the proposed amendments to appendix CC.

[[Page 34963]]

    (15) DOE requests comment on its characterization of test procedure 
costs and impacts of the proposed new test procedure at appendix CC1.
    (16) DOE seeks comment on its findings that there are no small 
businesses that are OEMs of portable ACs based in the United States. 
DOE also seeks comment on its conclusion that the proposed test 
procedure amendments would not have a significant impact on a 
substantial number of small manufacturers.

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this notice of 
proposed rulemaking and request for comment.

List of Subjects

10 CFR Part 429

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Incorporation 
by reference, Reporting and recordkeeping requirements.

10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Small 
businesses.

Signing Authority

    This document of the Department of Energy was signed on May 23, 
2022, by Kelly J. Speakes-Backman, Principal Deputy 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 May 24, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
    For the reasons stated in the preamble, DOE is proposing to amend 
parts 429 and 430 of Chapter II of Title 10, Code of Federal 
Regulations as set forth below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.

0
2. Section 429.4 is amended by adding paragraph (b)(3) to read as 
follows:


Sec.  429.4  Materials incorporated by reference.

* * * * *
    (b) * * *
    (3) ANSI/AHAM PAC-1-2022 Draft, (``AHAM PAC-1-2022 Draft''), 
Portable Air Conditioners, IBR approved for Sec.  429.62.
* * * * *
0
3. Section 429.62 is amended by revising paragraphs (a)(3) and (4) to 
read as follows:


Sec.  429.62  Portable air conditioners.

* * * * *
    (a) * * *
    (3) The value of seasonally adjusted cooling capacity of a basic 
model must be the mean of the seasonally adjusted cooling capacities 
for each tested unit of the basic model. When using appendix CC of 
subpart B of part 430, round the mean seasonally adjusted cooling 
capacity value to the nearest 50, 100, 200, or 500 Btu/h, depending on 
the magnitude of the calculated seasonally adjusted cooling capacity, 
in accordance with Table 1 of ANSI/AHAM PAC-1-2015, (incorporated by 
reference, see Sec.  429.4), ``Multiples for reporting Dual Duct 
Cooling Capacity, Single Duct Cooling Capacity, Spot Cooling Capacity, 
Water Cooled Condenser Capacity and Power Input Ratings''. When using 
appendix CC1 of subpart B of part 430, round to the nearest 50, 100, 
200, or 500 Btu/h, depending on the magnitude of the calculated 
seasonally adjusted cooling capacity, in accordance with Table 1 of 
AHAM PAC-1-2022 Draft, (incorporated by reference, see Sec.  429.4), 
``Multiples for reporting Dual Duct Cooling Capacity, Single Duct 
Cooling Capacity, Spot Cooling Capacity, Water Cooled Condenser 
Capacity and Power Input Ratings''.
    (4) The represented value of combined energy efficiency ratio or 
annualized energy efficiency ratio of a basic model must be rounded to 
the nearest 0.1 Btu/Wh.
* * * * *

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
4. The authority citation for part 430 continues to read as follows:

    Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

0
5. Section 430.2 is amended by adding in alphabetical order the 
definition for ``Combined-duct'' to read as follows:


Sec.  430.2  Definitions.

* * * * *
    Combined-duct means, for a portable air conditioner, the condenser 
inlet and outlet air streams flow through separate ducts housed in a 
single duct structure.
* * * * *
0
6. Section 430.3 is amended by:
0
a. Adding paragraph (b)(5);
0
b. Revising paragraph (g)(3) and (5); c. Redesignating paragraphs 
(g)(11) through (18) as paragraphs (g)(12) through(19);
0
d. Adding new paragraphs (g)(11) and (i)(7);
0
e. Revising paragraph (o)(6).
    The additions and revisions to read as follows:


Sec.  430.3   Materials incorporated by reference.

* * * * *
    (b) * * *
    (5) ANSI/ASHRAE 51-1999/ANSI/AMCA 210-99 (``ANSI/ASHRAE 51''), 
Laboratory Methods of Testing Fans for Certified Aerodynamic 
Performance Rating, ANSI approved December 2, 1999; ASHRAE approved 
June 23, 1999; IBR approved for appendices CC and CC1 to subpart B.
* * * * *
    (g) * * *
    (3) ANSI/ASHRAE Standard 37-2009, (``ASHRAE 37-2009''), Methods of 
Testing for Rating Electrically Driven Unitary Air-Conditioning and 
Heat Pump Equipment, ANSI approved June 25, 2009, IBR approved for 
appendices AA, CC, and CC1 to subpart B.
* * * * *
    (5) ANSI/ASHRAE 41.1-1986 (Reaffirmed 2006), Standard Method for 
Temperature Measurement, approved February 18, 1987, IBR approved for 
appendices E, AA, and CC1 to subpart B.
* * * * *
    (11) ANSI/ASHRAE Standard 41.6-1994 (RA 2006), (``ASHRAE 41.6-
1994''), Standard Method for Measurement of Moist Air Properties, ANSI 
reaffirmed on January 27, 2006, IBR approved for appendix CC1 to 
subpart B.
* * * * *

[[Page 34964]]

    (i) * * *
    (7) AHAM PAC-1-2022 Draft, (``AHAM PAC-1-2022 Draft''), Portable 
Air Conditioners, IBR approved for appendix CC1 to subpart B.
* * * * *
    (o) * * *
    (6) IEC 62301 (``IEC 62301''), Household electrical appliances--
Measurement of standby power, (Edition 2.0, 2011-01), IBR approved for 
appendices C1, D1, D2, F, G, H, I, J2, N, O, P, Q, X, X1, Y, Z, BB, CC, 
and CC1 to subpart B.
* * * * *
0
7. Section 430.23 is amended by revising paragraph (dd) to read as 
follows:


Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (dd) Portable air conditioners.
    (1) When using appendix CC of this subpart, measure the seasonally 
adjusted cooling capacity, in British thermal units per hour (Btu/h), 
and the combined energy efficiency ratio, in British thermal units per 
watt-hour (Btu/Wh) in accordance with sections 5.2 and 5.4 of appendix 
CC of this subpart, respectively. When using appendix CC1 of this 
subpart, measure the seasonally adjusted cooling capacity, in British 
thermal units per hour (Btu/h), and the combined energy efficiency 
ratio, in British thermal units per watt-hour (Btu/Wh) in accordance 
with sections 5.2 and 5.4, respectively, of appendix CC1 of this 
subpart.
    (2) When using appendix CC of this subpart, determine the estimated 
annual operating cost for portable air conditioners, in dollars per 
year and rounded to the nearest whole number, by multiplying a 
representative average unit cost of electrical energy in dollars per 
kilowatt-hour as provided by the Secretary by the total annual energy 
consumption, determined as follows:
    (i) For dual-duct single-speed portable air conditioners, the sum 
of AECDD_95 multiplied by 0.2, AECDD_83 multiplied by 0.8, and AECT as 
measured in accordance with section 5.3 of appendix CC of this subpart.
    (ii) For single-duct single-speed portable air conditioners, the 
sum of AECSD and AECT as measured in accordance with section 5.3 of 
appendix CC of this subpart.
    (iii) For dual-duct variable-speed portable air conditioners the 
overall sum of
    (A) The sum of AECDD_95_Full and AECia/om, 
multiplied by 0.2, and
    (B) The sum of AECDD_83_Low and AECia/om, 
multiplied by 0.8, as measured in accordance with section 5.3 of 
appendix CC of this subpart.
    (iv) For single-duct variable-speed portable air conditioners, the 
overall sum of
    (A) The sum of AECSD_Full and AECia/om, multiplied by 0.2, and
    (B) The sum of AECSD_Low and AECia/om, multiplied by 0.8, as 
measured in accordance with section 5.3 of appendix CC of this subpart.
    (3) When using appendix CC1 of this subpart, determine the 
estimated annual operating cost for portable air conditioners, in 
dollars per year and rounded to the nearest whole number, by 
multiplying a representative average unit cost of electrical energy in 
dollars per kilowatt-hour as provided by the Secretary by the total 
annual energy consumption. The total annual energy consumption is the 
sum of AEC95, AEC83, AECoc, and 
AECia, as measured in accordance with section 5.3 of 
appendix CC1 of this subpart.
0
8. Appendix CC to subpart B of part 430 is amended by:
0
a. Adding an introductory note;
0
b. Adding section 0;
0
c. Revising sections 2, 3.1.1, 3.1.1.1, 3.1.1.6, 3.1.2, 3.2, 3.2.1, 
3.2.2.2, 3.2.3, 4.1, 4.1.1, and 4.1.2, ;
0
d. Adding sections 4.1.3 and 4.1.4;
0
e. Revising sections 4.3 and 5.1 ;
0
f. Adding sections 5.1.1 and 5.1.2;
0
g. Revising section 5.2;
0
h. Adding section 5.2.1;
0
i. Revising sections 5.3 and 5.4;
0
j. Adding sections 5.4.1, 5.4.2 and 5.4.2.1; and
0
k. Adding sections 5.5, 5.5.1, 5.5.2, 5.5.3, 5.5.4, 5.5.5, 5.5.6, 
5.5.7, and 5.5.8.
    The additions and revisions read as follows:

Appendix CC to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Portable Air Conditioners

    Note: Manufacturers must use the results of testing under this 
appendix to determine compliance with the standard at Sec.  
430.32(cc) with which compliance is required as of January 10, 2025. 
Before [Date 180 days following publication of the final rule] 
representations must be based upon results generated either under 
this appendix or under this appendix as it appeared in the 10 CFR 
parts 200-499 edition revised as of January 1, 2021.

    Manufacturers must use the results of testing under appendix CC1 to 
determine compliance with any standards that amend the portable air 
conditioners standard at Sec.  430.32(cc) with which compliance is 
required on January 10, 2025. Any representations related to energy 
also must be made in accordance with the appendix that applies (i.e., 
this appendix CC or appendix CC1). Manufacturers may use appendix CC1 
to certify compliance with any amended standards prior to the 
applicable compliance date for those standards.

0. Incorporation by Reference

    DOE incorporated by reference in Sec.  430.3 the entire standard 
for ANSI/AHAM PAC-1-2015, ANSI/ASHRAE Standard 37-2009, ANSI/ASHRAE 51, 
and IEC 62301; however, only enumerated provisions of those documents 
apply to this appendix as follows. Treat ``should'' in IEC 62301 as 
mandatory.0.1 ANSI/AHAM PAC-1-2015
    (a) Section 4 ``Definitions,'' as specified in section 3.1.1 of 
this appendix, except for AHAM's definition for ``Portable Air 
Conditioner'';
    (b) Section 7 ``Tests,'' as specified in section 3.1.1, 3.1.1.3, 
3.1.1.4, 4.1.1, and 4.1.2 of this appendix.

0.2 ANSI/ASHRAE Standard 37-2009

    (a) Section 5.4 ``Electrical Instruments,'' as specified in 
sections 4.1.1 and 4.1.2 of this appendix;
    (b) Section 7.3 ``Indoor and Outdoor Air Enthalpy Methods,'' as 
specified in section 4.1.1 of this appendix;
    (c) Section 7.6 ``Outdoor Liquid Coil Method,'' as specified in 
sections 4.1.1 and 4.1.2 of this appendix;
    (d) Section 7.7 ``Airflow Rate Measurement,'' as specified in 
sections 4.1.1 and 4.1.2 of this appendix;
    (e) Section 8.7 ``Test Procedure for Cooling Capacity Tests,'' as 
specified in sections 4.1.1 and 4.1.2 of this appendix;
    (f) Section 9.2 ``Test Tolerances,'' as specified in sections 4.1.1 
and 4.1.2 of this appendix;
    (g) Section 11.1 ``Symbols Used In Equations,'' as specified in 
sections 4.1.1 and 4.1.2 of this appendix.

0.3 IEC 62301 (Edition 2.0, 2011-01)

    (a) Paragraph 5.2 ``Preparation of product,'' as specified in 
section 3.2.1 of this appendix;
    (b) Paragraph 4.3.2 ``Supply voltage waveform,'' as specified in 
section 3.2.2.2 of this appendix;
    (c) Paragraph 4.4 ``Power measuring instruments,'' as specified in 
section 3.2.3 of this appendix;
    (d) Annex D, ``Determination of Uncertainty of Measurement,'' as 
specified in sections 3.2.1, 3.2.2.2, and 3.2.3 of this appendix;
    (e) Paragraph 4.2 ``Test room,'' as specified in section 3.2.4 of 
this appendix;
    (f) Paragraph 5.1, ``General,'' Note 1, as specified in section 4.3 
of this appendix;

[[Page 34965]]

    (g) Paragraph 5.3.2 ``Sampling method,'' as specified in section 
4.3 of this appendix.

0.4 ANSI/ASHRAE 51

    (a) Figure 12 and Notes, ``Outlet Chamber Setup-Multiple Nozzles in 
Chamber'' as specified in section 4.1.1 of this appendix.
    (b) [Reserved]
    When there is a conflict, the language of this appendix takes 
precedence over those documents. Any subsequent amendment to a 
referenced document by the standard-setting organization will not 
affect the test procedure in this appendix, unless and until DOE amends 
the test procedure. Material is incorporated as it exists on the date 
of the approval, and any change to the reference to the material will 
be published in the Federal Register.
* * * * *

2. Definitions

    Combined-duct means the condenser inlet and outlet air streams flow 
through separate ducts housed in a single duct structure.
    Combined energy efficiency ratio means the energy efficiency of a 
portable air conditioner as measured in accordance with this test 
procedure in Btu per watt-hours (Btu/Wh) and determined in section 5.4 
of this appendix.
    Cooling mode means a mode in which a portable air conditioner 
either has activated the main cooling function according to the 
thermostat or temperature sensor signal, including activating the 
refrigeration system, or has activated the fan or blower without 
activating the refrigeration system.
    Dual-duct means drawing some or all of the condenser inlet air from 
outside the conditioned space through a duct attached to an adjustable 
window bracket, potentially drawing additional condenser inlet air from 
the conditioned space, and discharging the condenser outlet air outside 
the conditioned space by means of a separate duct attached to an 
adjustable window bracket.
    Full compressor speed (full) means the compressor speed at which 
the unit operates at full load test conditions, when using user 
controls with a unit thermostat setpoint of 75 [deg]F to achieve 
maximum cooling capacity.
    Inactive mode means a standby mode that facilitates the activation 
of an active mode or off-cycle mode by remote switch (including remote 
control), internal sensor, or timer, or that provides continuous status 
display.
    Low compressor speed (low) means the compressor speed specified by 
the manufacturer, at which the unit operates at low load test 
conditions (i.e., Test Condition C and Test Condition E in Table 2 of 
this appendix, for a dual-duct and single-duct portable air 
conditioner, respectively), such that the measured cooling capacity at 
this speed is no less than 50 percent and no greater than 60 percent of 
the measured cooling capacity with the full compressor speed at full 
load test conditioners (i.e., Test Condition A and Test Condition C in 
Table 2 of this appendix, for a dual-duct and single-duct portable air 
conditioner, respectively).
    Off-cycle mode means a mode in which a portable air conditioner:
    (1) Has cycled off its main cooling or heating function by 
thermostat or temperature sensor signal;
    (2) May or may not operate its fan or blower; and
    (3) Will reactivate the main function according to the thermostat 
or temperature sensor signal.
    Off mode means a mode that may persist for an indefinite time in 
which a portable air conditioner is connected to a mains power source, 
and is not providing any active mode, off-cycle mode, or standby mode 
function. This includes an indicator that only shows the user that the 
portable air conditioner is in the off position.
    Seasonally adjusted cooling capacity means the amount of cooling 
provided to the indoor conditioned space, measured under the specified 
ambient conditions, in Btu/h.
    Single-duct means drawing all of the condenser inlet air from the 
conditioned space without the means of a duct, and discharging the 
condenser outlet air outside the conditioned space through a single 
duct attached to an adjustable window bracket.
    Single-speed means incapable of automatically adjusting the 
compressor speed based on detected conditions.
    Standby mode means any mode where a portable air conditioner is 
connected to a mains power source and offers one or more of the 
following user-oriented or protective functions which may persist for 
an indefinite time:
    (1) To facilitate the activation of other modes (including 
activation or deactivation of cooling mode) by remote switch (including 
remote control), internal sensor, or timer; or
    (2) Continuous functions, including information or status displays 
(including clocks) or sensor-based functions. A timer is a continuous 
clock function (which may or may not be associated with a display) that 
provides regular scheduled tasks (e.g., switching) and that operates on 
a continuous basis.
    Theoretical comparable single-speed means a hypothetical single-
speed unit that would have the same cooling capacity and electrical 
power input as the variable-speed unit under test, with no cycling 
losses considered, when operating with the full compressor speed and at 
the test conditions in table 1 of this appendix.
    Variable-speed means capable of automatically adjusting the 
compressor speed based on detected conditions.
* * * * *
    3.1 * * *
    3.1.1 Test conduct. The test apparatus and instructions for testing 
portable air conditioners in cooling mode and off-cycle mode must 
conform to the requirements specified in Section 4, ``Definitions'' and 
Section 7, ``Tests,'' of ANSI/AHAM PAC-1-2015, except as otherwise 
specified in this appendix. Measure duct heat transfer and infiltration 
air heat transfer according to section 4.1.1 and section 4.1.2 of this 
appendix, respectively.
    3.1.1.1 Duct setup. Use all ducting components provided by or 
required by the manufacturer and no others. Ducting components include 
ducts, connectors for attaching the duct(s) to the test unit, sealing, 
insulation, and window mounting fixtures. Do not apply additional 
sealing or insulation. For combined-duct units, the manufacturer must 
provide the testing facility an adapter that allows for the individual 
connection of the condenser inlet and outlet airflows to the test 
facility's airflow measuring apparatuses. Use that adapter to measure 
the condenser inlet and outlet airflows for any corresponding unit.
* * * * *
    3.1.1.6 Duct temperature measurements. Install any insulation and 
sealing provided by the manufacturer. For a dual-duct or single-duct 
unit, adhere four thermocouples per duct, spaced along the entire 
length equally, to the outer surface of the duct. Measure the surface 
temperatures of each duct. For a combined-duct unit, adhere sixteen 
thermocouples to the outer surface of the duct, spaced evenly around 
the circumference (four thermocouples, each 90 degrees apart, radially) 
and down the entire length of the duct (four sets of four 
thermocouples, evenly spaced along the entire length of the duct), 
ensuring that the thermocouples are spaced along the entire length 
equally, on the surface of the combined duct. Place at least one 
thermocouple preferably adjacent to, but otherwise as close as possible 
to, the condenser inlet aperture and at least one thermocouple on the 
duct surface preferably adjacent to, but otherwise as close as possible 
to, the condenser

[[Page 34966]]

outlet aperture. Measure the surface temperature of the combined duct 
at each thermocouple. Temperature measurements must have an error no 
greater than 0.5 [deg]F over the range being measured.
    3.1.2 Control settings. For a single-speed unit, set the controls 
to the lowest available temperature setpoint for cooling mode, as 
described in section 4.1.1 of this appendix. For a variable-speed unit, 
set the thermostat setpoint to 75 [deg]F to achieve the full compressor 
speed and use the manufacturer instructions to achieve the low 
compressor speed, as described in section 4.1.2 of this appendix. If 
the portable air conditioner has a user-adjustable fan speed, select 
the maximum fan speed setting. If the unit has an automatic louver 
oscillation feature and there is an option to disable that feature, 
disable that feature throughout testing. If the unit has adjustable 
louvers, position the louvers parallel with the air flow to maximize 
air flow and minimize static pressure loss. If the portable air 
conditioner has network functions, that an end-user can disable and the 
product's user manual provides instructions on how to do so, disable 
all network functions throughout testing. If an end-user cannot disable 
a network function or the product's user manual does not provide 
instruction for disabling a network function, test the unit with that 
network function in the factory default configuration for the duration 
of the test.
* * * * *
    3.2 Standby mode and off mode.
    3.2.1 Installation requirements. For the standby mode and off mode 
testing, install the portable air conditioner in accordance with 
Paragraph 5.2 of IEC 62301, referring to Annex D of that standard as 
necessary. Disregard the provisions regarding batteries and the 
determination, classification, and testing of relevant modes.
* * * * *
    3.2.2.2 Supply voltage waveform. For the standby mode and off mode 
testing, maintain the electrical supply voltage waveform indicated in, 
Paragraph 4.3.2 of IEC 62301, referring to Annex D of that standard as 
necessary.
    3.2.3 Standby mode and off mode wattmeter. The wattmeter used to 
measure standby mode and off mode power consumption must meet the 
requirements specified in Paragraph 4.4 of IEC 62301, using a two-
tailed confidence interval and referring to Annex D of that standard as 
necessary.
    4. * * *
    4.1 Cooling mode.

    Note: For the purposes of this cooling mode test procedure, 
evaporator inlet air is considered the ``indoor air'' of the 
conditioned space and condenser inlet air is considered the 
``outdoor air'' outside of the conditioned space.

    4.1.1 Single-Speed Cooling Mode Test. For single-speed portable air 
conditioners, measure the indoor room cooling capacity and overall 
power input in cooling mode in accordance with Sections 7.1.b and 7.1.c 
of ANSI/AHAM PAC-1-2015, respectively, including the references to 
Sections 5.4, 7.3, 7.6, 7.7, and 11 of ANSI/ASHRAE Standard 37-2009. 
Determine the test duration in accordance with Section 8.7 of ASHRAE 
Standard 37-2009, including the reference to Section 9.2 of the same 
standard. Disregard the test conditions in Table 3 of ANSI/AHAM PAC-1-
2015. Instead, apply the test conditions for single-duct and dual-duct 
portable air conditioners presented in table 1 of this appendix. For 
single-duct units, measure the indoor room cooling capacity, 
CapacitySD, and overall power input in cooling mode, 
PSD, in accordance with the ambient conditions for test 
condition 1.C, presented in table 1 of this appendix. For dual-duct 
units, measure the indoor room cooling capacity and overall power input 
twice, first in accordance with ambient conditions for test condition 
1.A (Capacity95, P95), and then in accordance 
with test condition 1.B (Capacity83, P83), both 
presented in Table 1 of this appendix. For the remainder of this test 
procedure, test combined-duct single-speed portable air conditioners 
following any instruction for dual-duct single-speed portable air 
conditioners, unless otherwise specified.

             Table 1--Single-Speed Evaporator (Indoor) and Condenser (Outdoor) Inlet Test Conditions
----------------------------------------------------------------------------------------------------------------
                                                   Evaporator inlet air, [deg]F     Condenser inlet air, [deg]F
                                                             ([deg]C)                        ([deg]C)
                 Test condition                  ---------------------------------------------------------------
                                                     Dry bulb        Wet bulb        Dry bulb        Wet bulb
----------------------------------------------------------------------------------------------------------------
1.A.............................................       80 (26.7)       67 (19.4)       95 (35.0)       75 (23.9)
1.B.............................................       80 (26.7)       67 (19.4)       83 (28.3)     67.5 (19.7)
1.C.............................................       80 (26.7)       67 (19.4)       80 (26.7)       67 (19.4)
----------------------------------------------------------------------------------------------------------------

    4.1.2 Variable-Speed Cooling Mode Test. For variable-speed portable 
air conditioners, measure the indoor room cooling capacity and overall 
power input in cooling mode in accordance with Section 7.1.b and 7.1.c 
of ANSI/AHAM PAC-1-2015, respectively, including the references to 
Sections 5.4, 7.3, 7.6, 7.7, and 11 of ANSI/ASHRAE Standard 37-2009, 
except as detailed below. Determine the test duration in accordance 
with Section 8.7 of ASHRAE Standard 37-2009, including the reference to 
Section 9.2 of the same standard. Disregard the test conditions in 
Table 3 of ANSI/AHAM PAC-1-2015. Instead, apply the test conditions for 
single-duct and dual-duct portable air conditioners presented in Table 
2 of this appendix. For a single-duct unit, measure the indoor room 
cooling capacity and overall power input in cooling mode twice, first 
in accordance with the ambient conditions and compressor speed settings 
for test condition 2.D (CapacitySD_Full, 
PSD_Full), and then in accordance with the ambient 
conditions for test condition 2.E (CapacitySD_Low, 
PSD_Low), both presented in table 2 of this appendix. For 
dual-duct units, measure the indoor room cooling capacity and overall 
power input three times, first in accordance with ambient conditions 
for test condition 2.A (Capacity95_Full, 
P95_Full), second in accordance with the ambient conditions 
for test condition 2.B (Capacity83_Full, 
P83_Full), and third in accordance with the ambient 
conditions for test condition 2.C (Capacity83_Low, 
P83_Low), each presented in table 2 of this appendix. For 
the remainder of this test procedure, test combined-duct variable-speed 
portable air conditioners following any instruction for dual-duct 
variable-speed portable air conditioners, unless otherwise specified. 
For test conditions 2.A, 2.B, and 2.D, achieve the full compressor 
speed with user controls, as defined in section 2.13 of this appendix. 
For test conditions 2.C and 2.E, set the required compressor speed in 
accordance with instructions the manufacturer provided to DOE.

[[Page 34967]]



            Table 2--Variable-Speed Evaporator (Indoor) and Condenser (Outdoor) Inlet Test Conditions
----------------------------------------------------------------------------------------------------------------
                                Evaporator inlet air [deg]F     Condenser inlet air [deg]F
                                         ([deg]C)                        ([deg]C)
       Test condition        ----------------------------------------------------------------  Compressor  speed
                                 Dry bulb        Wet bulb        Dry bulb        Wet bulb
----------------------------------------------------------------------------------------------------------------
2.A.........................       80 (26.7)       67 (19.4)       95 (35.0)       75 (23.9)  Full.
2.B.........................       80 (26.7)       67 (19.4)       83 (28.3)     67.5 (19.7)  Full.
2.C.........................       80 (26.7)       67 (19.4)       83 (28.3)     67.5 (19.7)  Low.
2.D.........................       80 (26.7)       67 (19.4)       80 (26.7)       67 (19.4)  Full.
2.E.........................       80 (26.7)       67 (19.4)       80 (26.7)       67 (19.4)  Low.
----------------------------------------------------------------------------------------------------------------

    4.1.3. Duct Heat Transfer.
    Throughout the cooling mode test, measure the surface temperature 
of the condenser exhaust duct and condenser inlet duct, where 
applicable. Calculate the average temperature at each thermocouple 
placement location. Then calculate the average surface temperature of 
each duct. For single-duct and dual-duct units, calculate the average 
of the four average temperature measurements taken on the duct. For 
combined-duct units, calculate the average of the sixteen average 
temperature measurements taken on the duct. Calculate the surface area 
(Aduct_j) of each duct according to:

Aduct_j = Cj x Lj

Where:

Cj = the circumference of duct ``j'', including any manufacturer-
supplied insulation, measured by wrapping a flexible measuring tape, 
or equivalent, around the outside of a combined duct, making sure 
the tape is on the outermost ridges or, alternatively, if the duct 
has a circular cross-section, by multiplying the outer diameter by 
3.14.
Lj = the extended length of duct ``j'' while under test.
j represents the condenser exhaust duct for single-duct units, the 
condenser exhaust duct and the condenser inlet duct for dual-duct 
units, and the combined duct for combined-duct units.

    Calculate the total heat transferred from the surface of the 
duct(s) to the indoor conditioned space while operating in cooling mode 
at each test condition, as follows:
    For single-duct single-speed portable air conditioners:

Qduct_SD = 3 x Aduct_j x (Tduct_j-
Tei)

    For dual-duct single-speed portable air conditioners:

Qduct_DD_95 = [sum] j{3 x Aduct_j x 
(Tduct_95_j-Tei){time} 
Qduct_DD_83 = [sum] j{3 x Aduct_j x 
(Tduct_83_j-Tei){time} 

    For single-duct variable-speed portable air conditioners:

Qduct_SD_Full = 3 x Aduct x 
(Tduct_Full_j-Tei)
Qduct_SD_Low = 3 x Aduct x 
(Tduct_Low_j-Tei)

    For dual-duct variable-speed portable air conditioners:

Qduct_DD_95_Full = [sum] j{3 x Aduct_j 
x (Tduct_Full_95_j-Tei){time} 
Qduct_DD_83_Full = [sum] j{3 x Aduct_j 
x (Tduct_Full_83_j-Tei){time} 
Qduct_DD_83_Low = [sum] j{3 x Aduct_j 
x (Tduct_Low_83_j-Tei){time} 


Where:

Qduct_SD = the total heat transferred from the duct to 
the indoor conditioned space in cooling mode, in Btu/h, when tested 
at Test Condition 1.C.
Qduct_DD_95 and Qduct_DD_83 = the total heat 
transferred from the ducts to the indoor conditioned space in 
cooling mode, in Btu/h, when tested at Test Conditions 1.A and 1.B, 
respectively.
Qduct_SD_Full and Qduct_SD_Low = the total 
heat transferred from the duct to the indoor conditioned space in 
cooling mode, in Btu/h, when tested at Test Conditions 2.D and 2.E, 
respectively.
Qduct_DD_95_Full, Qduct_DD_83_Full, and 
Qduct_DD_83_Low = the total heat transferred from the 
ducts to the indoor conditioned space in cooling mode, in Btu/h, 
when tested at Test Condition 2.A, Test Condition 2.B, and Test 
Condition 2.C, respectively.
3 = empirically-derived convection coefficient in Btu/h per square 
foot per [deg]F.
Aduct_j = surface area of the duct ``j'', as calculated 
in this section, in square feet.
Tduct_j = average surface temperature for duct ``j'' of 
single-duct single-speed portable air conditioners, in [deg]F, as 
measured at Test Condition 1.C.
Tduct_95_j and Tduct_83_j = average surface 
temperature for duct ``j'' of dual-duct single-speed portable air 
conditioners, in [deg]F, as measured at Test Conditions 1.A and 1.B, 
respectively.
Tduct_Full_j and Tduct_Low_j = average surface 
temperature for duct ``j'' of single-duct variable-speed portable 
air conditioners, in [deg]F, as measured at Test Conditions 2.D and 
2.E, respectively.
Tduct_Full_95_j, Tduct_Full_83_j, and 
Tduct_Low_83_j = average surface temperature for duct 
``j'' of dual-duct variable-speed portable air conditioners, in 
[deg]F, as measured at Test Conditions 2.A, 2.B, and 2.C, 
respectively.
j represents the condenser exhaust duct for single-duct units, the 
condenser exhaust duct and the condenser inlet duct for dual-duct 
units, and the combined duct for combined-duct units.
Tei = average evaporator inlet air dry-bulb temperature, 
as measured in section 4.1 of this appendix, in [deg]F.

    4.1.4. Infiltration Air Heat Transfer.
    Calculate the sample unit's heat contribution from infiltration air 
into the conditioned space for each cooling mode test as follows:
    Calculate the dry air mass flow rate of infiltration air, which 
affects the sensible and latent components of heat contribution from 
infiltration air, according to the following equations.
BILLING CODE 6450-01-P

[[Page 34968]]

[GRAPHIC] [TIFF OMITTED] TP08JN22.004

BILLING CODE 6450--01-C
Where:

mSD, mSD_Full, and mSD_Low = dry 
air mass flow rate of infiltration air for single-duct portable air 
conditioners, in pounds per minute (lb/m) when tested at Test 
Conditions 1.C, 2.D, and 2.E, respectively.
m95, m83, m95_Full, 
m83_Full, and m83_Low = dry air mass flow rate 
of infiltration air for dual-duct portable air conditioners, in lb/
m, when tested at Test Conditions 1.A, 1.B, 2.A, 2.B, and 2.C, 
respectively.
Vco_SD, Vco_SD_Full, Vco_SD_Low, 
Vco_95, Vco_83, Vco_95_Full, 
Vco_83_Full, and Vco_83_Low = average 
volumetric flow rate of the condenser outlet air, in cubic feet per 
minute (cfm), as measured at Test Conditions 1.C, 2.D, 2.E, 1.A, 
1.B, 2.A, 2.B, and 2.C, respectively, as required in sections 4.1.1 
and 4.1.2 of this appendix.
Vci_95, Vci_83, Vci_95_Full, 
Vci_83_Full, and Vci_83_Low = average 
volumetric flow rate of the condenser inlet air, in cfm, as measured 
at Test Conditions 1.A, 1.B, 2.A, 2.B, and 2.C, respectively, as 
required in sections 4.1.1 and 4.1.2 of this appendix.
[rho]co_SD, [rho]co_SD_Full, 
[rho]co_SD_Low, [rho]co_95, 
[rho]co_83, [rho]co_95_Full, 
[rho]co_83_Full, and [rho]co_83_Low = average 
density of the condenser outlet air, in pounds mass per cubic foot 
(lbm/ft\3\), as measured at Test Conditions 1.C, 2.D, 
2.E, 1.A, 1.B, 2.A, 2.B, and 2.C, respectively, as required in 
sections 4.1.1 and 4.1.2 of this appendix.
[rho]ci_95, [rho]ci_83, 
[rho]ci_95_Full, [rho]ci_83_Full, and 
[rho]ci_83_Low = average density of the condenser inlet 
air, in lbm/ft\3\, as measured at Test Conditions 1.A, 
1.B, 2.A, 2.B, and 2.C, respectively, as required in section 4.1.1 
and 4.1.2 of this appendix.
[omega]co_SD, [omega]co_SD_Full, 
[omega]co_SD_Low, [omega]co_95, 
[omega]co_83, [omega]co_95_Full, 
[omega]co_83_Full, and [omega]co_83_Low = 
average humidity ratio of condenser outlet air, in pounds mass of 
water vapor per pounds mass of dry air (lbw/
lbda), as measured at Test Conditions 1.C, 2.D, 2.E, 1.A, 
1.B, 2.A, 2.B, and 2.C, respectively, as required in sections 4.1.1 
and 4.1.2 of this appendix.
[omega]ci_95, [omega]ci_83, 
[omega]ci_95_Full, [omega]ci_83_Full, and 
[omega]ci_83_Low = average humidity ratio of condenser 
inlet air, in lbw/lbda, as measured at Test 
Conditions 1.A, 1.B, 2.A, 2.B, and 2.C, respectively, as required in 
sections 4.1.1 and 4.1.2 of this appendix.

    Calculate the sensible component of infiltration air heat 
contribution according to the following equations.
    For single-duct single-speed units:

Qs_SD_95 = mSD x 60 x [cp_da x (95 -
80) + (cp_wv x (0.0141 x 95-0.0112 x 80))]
Qs_SD_83 = mSD x 60 x [(cp_da x (83-
80) + (cp_wv x (0.01086 x 83-0.0112 x80))]

    For dual-duct single-speed units:

Qs_DD_95 = m95 x 60 x [cp_da x (95-80) 
+ (cp_wv x (0.0141 x 95-0.0112 x 80))]

[[Page 34969]]

Qs_DD_83 = m83 x 60 x [(cp_da x (83-
80) + (cp_wv x (0.01086 x 83-0.0112 x80))]

    For single-duct variable-speed units:

Qs_SD_95_Full = mSD_Full x 60 x [cp_da 
x (95-80) + (cp_wv x (0.0141 x 95-0.0112 x 80))]
Qs_SD_83_Full = mSD_Full x 60 x 
[(cp_da x (83-80) + (cp_wv x (0.01086 x 83-0.0112 
x80))]
Qs_SD_83_Low = mSD_Low x 60 x [(cp_da 
x (83-80) + (cp_wv x (0.01086 x 83-0.0112 x80))]

    For dual-duct variable-speed units:

Qs_DD_95_Full = m95_Full x 60 x [cp_da 
x (95-80) + (cp_wv x (0.0141 x 95-0.0112 x 80))]
Qs_DD_83_Full = m83_Full x 60 x 
[(cp_da x (83-80) + (cp_wv x (0.01086 x 83-0.0112 
x80))]
Qs_DD_83_Low = m83_Low x 60 x [(cp_da 
x (83-80) + (cp_wv x (0.01086 x 83-0.0112 x80))]

Where:
Qs_SD_95, Qs_SD_83, Qs_DD_95, and 
Qs_DD_83 = sensible heat added to the room by 
infiltration air, in Btu/h, for each duct configuration and 
temperature condition.
Qs_SD_95_Full, Qs_SD_83_Full, 
Qs_SD_83_Low, Qs_DD_95_Full, 
Qs_DD_83_Full, and Qs_DD_83_Low = sensible 
heat added to the room by infiltration air, in Btu/h, for each duct 
configuration, temperature condition, and compressor speed.
mSD, m95, and m83 = dry air mass 
flow rate of infiltration air for single-speed portable air 
conditioners, in lb/m, as calculated in section 4.1.4 of this 
appendix.
mSD_95_Full, mSD_83_Low, m95_Full 
and m83_Low = dry air mass flow rate of infiltration air 
for variable-speed portable air conditioners, in lb/m, as calculated 
in section 4.1.4 of this appendix.
cp_da = specific heat of dry air, 0.24 Btu/(lbm [deg]F).
cp_wv = specific heat of water vapor, 0.444 Btu/(lbm 
[deg]F).
80 = indoor chamber dry-bulb temperature, in [deg]F.
95 = infiltration air dry-bulb temperature for Test Conditions 1.A 
and 2.A, in [deg]F.
83 = infiltration air dry-bulb temperature for Test Conditions 1.B, 
2.B, and 2.C, in [deg]F.
0.0141 = humidity ratio of the dry-bulb infiltration air for Test 
Conditions 1.A and 2.A, in lbw/lbda.
0.01086 = humidity ratio of the dry-bulb infiltration air for Test 
Conditions 1.B, 2.B, and 2.C, in lbw/lbda.
0.0112 = humidity ratio of the indoor chamber air, in 
lbw/lbda ([omega]indoor).
60 = conversion factor from minutes to hours.

    Calculate the latent heat contribution of the infiltration air 
according to the following equations. For a single-duct single-speed 
unit:

Ql_SD_95 = mSD x 60 x 1061 x (0.0141-0.0112)
Ql_SD_83 = mSD x 60 x 1061 x (0.01086-0.0112)

    For a dual-duct single-speed unit:

Ql_DD_95 = m95 x 60 x 1061 x (0.0141-0.0112)
Ql_DD_83 = m83 x 60 x 1061 x (0.01086-0.0112)

    For a single-duct variable-speed unita:

Ql_SD_95_Full = mSD_Full x 60 x 1061 x (0.0141-
0.0112)
Ql_SD_83_Full = mSD_Full x 60 x 1061 x (0.01086-
0.0112)
Ql_SD_83_Low = mSD_Low x 60 x 1061 x (0.01086-
0.0112)

    For a dual-duct variable-speed unit:

Ql_DD_95_Full = m95_Full x 60 x 1061 x (0.0141-
0.0112)
Ql_DD_83_Full = m83_Full x 60 x 1061 x (0.01086-
0.0112)
Ql_DD_83_Low = m83_Low x 60 x 1061 x (0.01086-
0.0112)

Where:

Ql_SD_95, Ql_SD_83, Ql_DD_95, and 
Ql_DD_83= latent heat added to the room by infiltration 
air, in Btu/h, for each duct configuration and temperature 
condition.
Ql_SD_95_Full, Ql_SD_83_Full, 
Ql_SD_Low, Ql_DD_95_Full, 
Ql_DD_83_Full, and Ql_DD_83_Low = latent heat 
added to the room by infiltration air, in Btu/h, for each duct 
configuration, temperature condition, and compressor speed.
mSD, m95, and m83 = dry air mass 
flow rate of infiltration air for portable air conditioners, in lb/
m, when tested at Test Conditions 1.C, 1.A, and 1.B, respectively, 
as calculated in section 4.1.4 of this appendix.
mSD_Full, mSD_Low, m95_Full, 
m83_Full and m83_Low = dry air mass flow rate 
of infiltration air for portable air conditioners, in lb/m, when 
tested at Test Conditions 2.D, 2.E, 2.A, 2.B, and 2.C, respectively, 
as calculated in section 4.1.4 of this appendix.
1061 = latent heat of vaporization for water vapor, in Btu/
lbm (Hfg).
0.0141 = humidity ratio of the dry-bulb infiltration air for Test 
Conditions 1.A and 2.A, in lbw/lbda.
0.01086 = humidity ratio of the dry-bulb infiltration air for Test 
Conditions 1.B, 2.B, and 2.C, in lbw/lbda.
0.0112 = humidity ratio of the indoor chamber air, in 
lbw/lbda.
60 = conversion factor from minutes to hours.

    Calculate the total heat contribution of the infiltration air at 
each test condition by adding the sensible and latent heat according to 
the following equations.
    For a single-duct single-speed unit:

Qinfiltration_SD_95 = Qs_SD_95 + 
Ql_SD_95
Qinfiltration_SD_83 = Qs_SD_83 + 
Ql_SD_83

    For a dual-duct single-speed unit:

Qinfiltration_DD_95 = Qs_DD_95 + 
Ql_DD_95
Qinfiltration_DD_83 = Qs_DD_83 + 
Ql_DD_83

    For a single-duct variable-speed unit:

Qinfiltration_SD_95_Full = Qs_SD_95_Full + 
Ql_SD_95_Full
Qinfiltration_SD_83_Full = Qs_SD_83_Full + 
Ql_SD_83_Full
Qinfiltration_SD_83_Low = Qs_SD_83_Low + 
Ql_SD_83_Low

    For a dual-duct variable-speed unit:

Qinfiltration_DD_95_Full = Qs_DD_95_Full + 
Ql_DD_95_Full
Qinfiltration_DD_83_Full = Qs_DD_83_Full + 
Ql_DD_83_Full
Qinfiltration_DD_83_Low = Qs_DD_83_Low + 
Ql_DD_83_Low

Where:

Qinfiltration_SD_95, Qinfiltration_SD_83, 
Qinfiltration_DD_95, Qinfiltration_DD_83 = 
total infiltration air heat in cooling mode, in Btu/h, for each duct 
configuration and temperature condition.
Qinfiltration_SD_95_Full, 
Qinfiltration_SD_83_Full, 
Qinfiltration_SD_83_Low, 
Qinfiltration_DD_95_Full, 
Qinfiltration_DD_83_Full, and 
Qinfiltration_DD_83_Low = total infiltration air heat in 
cooling mode, in Btu/h, for each duct configuration, temperature 
condition, and compressor speed.
Qs_SD_95, Qs_SD_83, Qs_DD_95, and 
Qs_DD_83 = sensible heat added to the room by 
infiltration air, in Btu/h, for each duct configuration, temperature 
condition, and compressor speed.
Qs_SD_95_Full, Qs_SD_83_Full, 
Qs_SD_83_Low, Qs_DD_95_Full, 
Qs_DD_83_Full, and Qs_DD_83_Low = sensible 
heat added to the room by infiltration air, in Btu/h, for each duct 
configuration, temperature condition, and compressor speed.
Ql_SD_95, Ql_SD_83, Ql_DD_95, and 
Ql_DD_83= latent heat added to the room by infiltration 
air, in Btu/h, for each duct configuration, and temperature 
condition.
Ql_SD_95_Full, Ql_SD_83_Full, 
Ql_SD_83_Low, Ql_DD_95_Full, 
Ql_DD_83_Full, and Ql_DD_83_Low = latent heat 
added to the room by infiltration air, in Btu/h, for each duct 
configuration, temperature condition, and compressor speed.

* * * * *
    4.3 Standby mode and off mode. Establish the testing conditions set 
forth in section 3.2 of this appendix, ensuring that the unit does not 
enter any active modes during the test. As discussed in Paragraph 5.1, 
Note 1 of IEC 62301, allow sufficient time for the unit to reach the 
lowest power state before proceeding with the test measurement. Follow 
the test procedure specified in Paragraph 5.3.2 of IEC 62301 for 
testing in each possible mode as described in sections 4.3.1 and 4.3.2 
of this appendix. If the standby mode is cyclic and irregular or 
unstable, collect 10 cycles worth of data.
* * * * *
    5.1 * * *
    5.1.1 Single-Speed Adjusted Cooling Capacity. For a single-speed 
portable air conditioner, calculate the adjusted cooling capacity at 
each outdoor temperature operating condition, in Btu/h, according to 
the following equations.
    For a single-duct single-speed portable air conditioner unit:


[[Page 34970]]


ACCSD\95\SS = CapacitySD-Qduct\SD-Qinflitration\SD\95
ACCSD\83\SS = CapacitySD-Qduct\SD-Qinflitration\SD\83

    For a dual-duct single-speed portable air conditioner unit:

ACCDD\95\SS = Capacity95-Qduct\95-Qinflitration\DD\95
ACCSD\83\SS = Capacity83-Qduct\83-Qinflitration\SD\83

Where:

CapacitySD, Capacity95, and 
Capacity83 = cooling capacity for each duct configuration 
or temperature condition measured in section 4.1.1 of this appendix.
Qduct_SD, Qduct_DD_95, and 
Qduct_DD_83 = duct heat transfer for each duct 
configuration or temperature condition while operating in cooling 
mode, calculated in section 4.1.3 of this appendix.
Qinfiltration_SD_95, Qinfiltration_SD_83, 
Qinfiltration_DD_95, Qinfiltration_DD_83= 
total infiltration air heat transfer in cooling mode for each duct 
configuration and temperature condition, calculated in section 4.1.4 
of this appendix.

    5.1.2 Variable-Speed Adjusted Cooling Capacity. For variable-speed 
portable air conditioners, calculate the adjusted cooling capacity at 
each outdoor temperature operating condition, in Btu/h, according to 
the following equations:
    For a single-duct variable-speed portable air conditioner unit:

ACCSD\95 = CapacitySD\Full-Qduct\SD\Full-Qinflitration\SD\95\Full
ACCSD\83\Full = CapacitySD\Full-Qduct\SD\Full-Qinflitration\SD\83\Full
ACCSD\83\Low = CapacitySD\Low-Qduct\SD\Low-Qinflitration\SD\83\Low

    For a dual-duct variable-speed portable air conditioner unit:

ACCDD\95 = CapacityDD\95\Full-Qduct\DD\95\Full-Qinflitration\DD\95\Full
ACCDD\83\Full = CapacityDD\83\Full-Qduct\DD\83\Full-
Qinflitration\DD\83\Full
ACCDD\83\Low = CapacityDD\83\Low-Qduct\DD\83\Low-
Qinflitration\DD\83\Low

Where:

CapacitySD_Full, CapacitySD_Low, 
CapacityDD_95_Full, CapacityDD_83_Full, and 
CapacityDD_83_Low = cooling capacity in Btu/h for each 
duct configuration, temperature condition (where applicable), and 
compressor speed, as measured in section 4.1.2 of this appendix.
Qduct_SD_Full, Qduct_SD_Low, 
Qduct_DD_95_Full, Qduct_DD_83_Full, and 
Qduct_DD_83_Low = combined duct heat transfer for each 
duct configuration, temperature condition (where applicable), and 
compressor speed, as calculated in section 4.1.3 of this appendix.
Qinfiltration_SD_95_Full, 
Qinfiltration_SD_83_Full, 
Qinfiltration_SD_83_Low, 
Qinfiltration_DD_95_Full, 
Qinfiltration_DD_83_Full, and 
Qinfiltration_DD_83_Low = total infiltration air heat 
transfer in cooling mode for each duct configuration, temperature 
condition, and compressor speed, as calculated in section 4.1.4 of 
this appendix.

    5.2 Seasonally Adjusted Cooling Capacity. Calculate the unit's 
seasonally adjusted cooling capacity, SACC, in Btu/h, according to the 
following equations:
    For a single-speed portable air conditioner unit:

SACCSD = ACCSD\95\SS x 0.2 + ACCSD\83\SS x 0.8
SACCDD = ACCDD\95\SS x 0.2 + ACCDD\83\SS x 0.8

    For a variable-speed portable air conditioner unit:

SACCSD = ACCSD\95 x 0.2 + ACCSD\83\Low x 0.8
SACCDD = ACCDD\95 x 0.2 + ACCDD\83\Low x 0.8

Where:

ACCSD_95_SS, ACCSD_83_SS, 
ACCDD_95_SS, and ACCDD_83_SS = adjusted 
cooling capacity for single-speed portable air conditioners for each 
duct configuration and temperature condition, in Btu/h, calculated 
in section 5.1.1 of this appendix.
ACCSD_95, ACCSD_83_Low, ACCDD_95, 
and ACCDD_83_Low = adjusted cooling capacity for 
variable-speed portable air conditioners for each duct 
configuration, temperature condition, and compressor speed, in Btu/
h, calculated in section 5.1.2 of this appendix.
0.2 = weighting factor for the 95 [deg]F test condition.
0.8 = weighting factor for the 83 [deg]F test condition.

    5.2.1 Full-Load Seasonally Adjusted Cooling Capacity Calculation. 
For variable-speed portable ACs determine a Full-Load Seasonally 
Adjusted Cooling Capacity (SACCFull) using the following 
formulas:

SACCFull\SD = ACCSD\95 x 0.2 + ACCSD\83\Full x 0.8
SACCFull\DD = ACCDD\95 x 0.2 + ACCDD\83\Full x 0.8
ACCSD_95, ACCSD_83_Full, ACCDD_95, 
and ACCDD_83_Full = adjusted cooling capacity for 
variable-speed portable air conditioners for each duct 
configuration, temperature condition, and compressor speed (where 
applicable), in Btu/h, calculated in section 5.1.2 of this appendix.
0.2 = weighting factor for the 95 [deg]F test condition.
0.8 = weighting factor for the 83 [deg]F test condition.

    5.3 Annual Energy Consumption. Calculate the sample unit's annual 
energy consumption in each operating mode according to the following 
equation. For each operating mode, use the following annual hours of 
operation and equation:

 
----------------------------------------------------------------------------------------------------------------
                                                                                                      Annual
    Type of portable air conditioner            Operating mode                 Subscript             operating
                                                                                                       hours
----------------------------------------------------------------------------------------------------------------
Variable speed (single- or dual-duct)...  Cooling Mode: Test          DD_95_Full, DD_83_Full,                750
                                           Conditions 2.A, 2.B, 2.C,   DD_83_Low, SD_Full, and
                                           2.D, and 2.E \1\.           SD_Low..
Single speed (single- or dual-duct).....  Cooling Mode: Test          DD_95, DD_83, and SD......             750
                                           Conditions 1.A, 1.B, and
                                           1C \1\.
all.....................................  Off-Cycle.................  oc........................             880
all.....................................  Inactive or Off...........  ia or om..................           1,355
----------------------------------------------------------------------------------------------------------------
\1\ These operating mode hours are for the purposes of calculating annual energy consumption under different
  ambient conditions and are not a division of the total cooling mode operating hours. The total cooling mode
  operating hours are 750 hours.

AECm = Pm x tm x 0.001

Where:

AECm = annual energy consumption in the operating mode, 
in kWh/year.
m represents the operating mode as shown in the table above with 
each operating mode's respective subscript.
Pm = average power in the operating mode, in watts, as 
determined in sections 4.1.1 and 4.1.2 of this appendix.
tm = number of annual operating time in each operating 
mode, in hours.0.001 kWh/Wh = conversion factor from watt-hours to 
kilowatt-hours.

    Calculate the sample unit's total annual energy consumption in off-
cycle

[[Page 34971]]

mode and inactive or off mode as follows:

AECT = [Sigma5]ncmAECncm

Where:

AECT = total annual energy consumption attributed to off-
cycle mode and inactive or off mode, in kWh/year;
AECm = total annual energy consumption in the operating 
mode, in kWh/year.
ncm represents the following two non-cooling operating modes: off-
cycle mode and inactive or off mode.

    5.4 Combined Energy Efficiency Ratio.
    5.4.1 Combined Energy Efficiency Ratio for Single-Speed Portable 
Air Conditioners. Using the annual operating hours established in 
section 5.3 of this appendix, calculate the combined energy efficiency 
ratio, CEER, in Btu/Wh, for single-speed portable air conditioners 
according to the following equation, as applicable:
[GRAPHIC] [TIFF OMITTED] TP08JN22.005


Where:

CEERSD and CEERDD = combined energy efficiency 
ratio for a single-duct unit and dual-duct unit, respectively, in 
Btu/Wh.
ACCSD_95_SS, ACCSD_83_SS, 
ACCDD_95_SS, ACCDD_83_SS = adjusted cooling 
capacity for each duct configuration and temperature condition, in 
Btu/h, calculated in section 5.1 of this appendix.
AECSD, AECDD_95 and AECDD_83 = 
annual energy consumption in cooling mode for each duct 
configuration and temperature condition, in kWh/year, calculated in 
section 5.3 of this appendix.
AECT = total annual energy consumption attributed to all 
modes except cooling, in kWh/year, calculated in section 5.3 of this 
appendix.
0.750 = number of cooling mode hours per year, 750, multiplied by 
the conversion factor for watt-hours to kilowatt-hours, 0.001 kWh/
Wh.
0.2 = weighting factor for the 95 [deg]F dry-bulb outdoor condition 
test.
0.8 = weighting factor for the 83 [deg]F dry-bulb outdoor condition 
test.

    5.4.2 Combined Energy Efficiency Ratio for Variable-Speed Portable 
Air Conditioners.
    5.4.2.1 Unadjusted Combined Energy Efficiency Ratio.
    For a variable-speed portable air conditioner, calculate the unit's 
unadjusted combined energy efficiency ratio, CEERUA, in Btu/
Wh, as follows:
[GRAPHIC] [TIFF OMITTED] TP08JN22.006


Where:

CEERSD_UA, and CEERDD_UA = unadjusted combined 
energy efficiency ratio for a single-duct and dual-duct sample unit, 
in Btu/Wh, respectively.
ACCSD_95, ACCSD_83_Low, ACCDD_95, 
and ACCDD_83 = adjusted cooling capacity for each duct 
configuration, temperature condition, and compressor speed, as 
calculated in section 5.1.2 of this appendix, in Btu/h.
AECSD_Full, AECSD_Low, 
AECDD_95_Full, and AECDD_83_Low = annual 
energy consumption for each duct configuration, temperature 
condition, and compressor speed in cooling mode operation, as 
calculated in section 5.3 of this appendix, in kWh/year.
AECia/om = annual energy consumption attributed to 
inactive or off mode, in kWh/year, calculated in section 5.3 of this 
appendix.
0.750 = number of cooling mode hours per year, 750, multiplied by 
the conversion factor for watt-hours to kilowatt-hours, 0.001 kWh/
Wh.
0.2 = weighting factor for the 95 [deg]F dry-bulb outdoor 
temperature operating condition.
0.8 = weighting factor for the 83 [deg]F dry-bulb outdoor 
temperature operating condition.


[[Page 34972]]


    5.5 Adjustment of the Combined Energy Efficiency Ratio. Adjust the 
sample unit's unadjusted combined energy efficiency ratio as follows.
    5.5.1 Theoretical Comparable Single-Speed Portable Air Conditioner 
Cooling Capacity and Power at the Lower Outdoor Temperature Operating 
Condition. Calculate the cooling capacity without and with cycling 
losses, in British thermal units per hour (Btu/h), and electrical power 
input, in watts, for a single-duct or dual-duct theoretical comparable 
single-speed portable air conditioner at an 83 [deg]F outdoor dry-bulb 
outdoor temperature operating condition according to the following 
equations:
    For a single-duct theoretical comparable single speed portable air 
conditioner:

CapacitySD_83_SS = CapacitySD_Full
CapacitySD_83_SS_CF = CapacitySD_Full x 0.82
PSD_83_SS = PSD_Full

    For a dual-duct theoretical comparable single speed portable air 
conditioner:

CapacityDD_83_SS = Capacity83_Full
CapacityDD_83_SS_CF = Capacity83_Full x 0.82
PDD_83_SS = P83_Low

Where:

CapacitySD_83_SS and CapacityDD_83_SS = 
cooling capacity of a single-duct and dual-duct theoretical 
comparable single-speed portable air conditioner, calculated for the 
83 [deg]F dry-bulb outdoor temperature operating condition (Test 
Conditions 2.E and 2.B, respectively), in Btu/h.
CapacitySD_83_SS_CF and CapacityDD_83_SS_CF = 
cooling capacity of a single-duct and dual-duct theoretical 
comparable single-speed portable air conditioner with cycling 
losses, in Btu/h, calculated for the 83 [deg]F dry-bulb outdoor 
temperature operating condition (Test Conditions 2.E and 2.B, 
respectively).
CapacitySD_Full and Capacity83_Full = cooling 
capacity of the sample unit, measured in section 4.1.2 of this 
appendix at Test Conditions 2.D and 2.B, in Btu/h.
PSD_83_SS and PDD_83_SS = power input of a 
single-duct and dual-duct theoretical comparable single-speed 
portable air conditioner calculated for the 83 [deg]F dry-bulb 
outdoor temperature operating condition (Test Conditions 2.E and 
2.B, respectively), in watts.
PSD_Full and P83_Low = electrical power input 
of the sample unit, measured in section 4.1.2 of this appendix at 
Test Conditions 2.D and 2.B, in watts.
0.82 = empirically-derived cycling factor for the 83 [deg]F dry-bulb 
outdoor temperature operating condition.

    5.5.2 Duct Heat Transfer for a Theoretical Comparable Single-Speed 
Portable Air Conditioner at the Lower Outdoor Temperature Operating 
Condition. Calculate the duct heat transfer to the conditioned space 
for a single-duct or dual-duct theoretical comparable single-speed 
portable air conditioner at the 83 [deg]F dry-bulb outdoor temperature 
operating condition as follows:
    For a single-duct theoretical comparable single-speed portable air 
conditioner:

Qduct_SD_83_SS = Qduct_SD_Full

    For a dual-duct theoretical comparable single-speed portable air 
conditioner:

    Qduct_DD_83_SS = Qduct_DD_83_Full

Where:

Qduct_SD_83_SS and Qduct_DD_83_SS = total heat 
transferred from the condenser exhaust duct to the indoor 
conditioned space in cooling mode, for single-duct and dual-duct 
theoretical comparable single-speed portable air conditioners, 
respectively, at the 83 [deg]F dry-bulb outdoor temperature 
operating condition (Test Conditions 2.E and 2.B, respectively), in 
Btu/h.
Qduct_SD_Full and Qduct_DD_83_Full = the total 
heat transferred from the duct to the indoor conditioned space in 
cooling mode, when tested at Test Conditions 2.D and 2.B, 
respectively, as calculated in section 4.1.3 of this appendix, in 
Btu/h.

    5.5.3 Infiltration Air Heat Transfer for a Theoretical Comparable 
Single-Speed Portable Air Conditioner at the Lower Outdoor Temperature 
Operating Condition. Calculate the total heat contribution from 
infiltration air for a single-duct or dual-duct theoretical comparable 
single-speed portable air conditioner at the 83 [deg]F dry-bulb outdoor 
temperature operating condition, as follows:
    For a single-duct theoretical comparable single-speed portable air 
conditioner:

Qinfiltration_SD_83_SS = Qinfiltration_SD_83_Full

    For a dual-duct theoretical comparable single-speed portable air 
conditioner:

Qinfiltration_DD_83_SS = Qinfiltration_DD_83_Full

Where:

Qinfiltration_SD_83_SS and 
Qinfiltration_DD_83_SS = total infiltration air heat in 
cooling mode for a single-duct and dual-duct theoretical comparable 
single-speed portable air conditioner, respectively at the 83 [deg]F 
dry-bulb outdoor temperature operating condition (Test Conditions 
2.E and 2.B, respectively), in Btu/h.
Qinfiltration_SD_83_Full and 
Qinfiltration_DD_83_Full = total infiltration air heat 
transfer of the sample unit in cooling mode for each duct 
configuration, temperature condition, and compressor speed, as 
calculated in section 4.1.4 of this appendix, in Btu/h.

    5.5.4 Adjusted Cooling Capacity for a Theoretical Comparable 
Single-Speed Portable Air Conditioner at the Lower Outdoor Temperature 
Operating Condition. Calculate the adjusted cooling capacity without 
and with cycling losses for a single-duct or dual-duct theoretical 
comparable single-speed portable air conditioner at the 83 [deg]F dry-
bulb outdoor temperature operating condition, in Btu/h, according to 
the following equations:
    For a single-duct theoretical comparable single-speed portable air 
conditioner:

ACCSD_83_SS = CapacitySD_83_SS-
Qduct_SD_83_SS-Qinfiltration_SD_83_SS
ACCSD_83_SS_CF = CapacitySD_83_SS_CF-
Qduct_SD_83_SS-Qinfiltration_SD_83_SS

    For a dual-duct theoretical comparable single-speed portable air 
conditioner:

ACCDD_83_SS = Capacity83_SS-
Qduct_DD_83_SS-Qinfiltration_DD_83_SS
ACCDD_83_SS_CF = CapacityDD_83_SS_CF--
Qduct_DD_83_SS-Qinfiltration_DD_83_SS

Where:

    ACCSD_83_SS, ACCSD_83_SS_CF, 
ACCDD_83_SS, and ACCDD_83_SS_CF = adjusted 
cooling capacity for a single-duct and dual-duct theoretical 
comparable single-speed portable air conditioner at the 83 [deg]F 
dry-bulb outdoor temperature operating condition (Test Conditions 
2.E and 2.B, respectively) without and with cycling losses, 
respectively, in Btu/h.
CapacitySD_83_SS and CapacitySD_83_SS_CF = 
cooling capacity of a single-duct theoretical comparable single-
speed portable air conditioner without and with cycling losses, 
respectively, at Test Conditions 2.E and 2.B (the 83 [deg]F dry-bulb 
outdoor temperature operating condition), respectively, calculated 
in section 5.5.1 of this appendix, in Btu/h.
CapacityDD_83_SS and CapacityDD_83_SS_CF = 
cooling capacity of a dual-duct theoretical comparable single-speed 
portable air conditioner without and with cycling losses, 
respectively, at Test Conditions 2.E and 2.B (the 83 [deg]F dry-bulb 
outdoor temperature operating condition), respectively, calculated 
in section 5.5.1 of this appendix, in Btu/h.
Qduct_SD_83_SS and Qduct_DD_83_SS = total heat 
transferred from the ducts to the indoor conditioned space in 
cooling mode for a single-duct and dual-duct theoretical comparable 
single-speed portable air conditioner, at Test Conditions 2.E and 
2.B (the 83 [deg]F dry-bulb outdoor temperature operating 
condition), respectively, calculated in section 5.5.2 of this 
appendix, in Btu/h.
Qinfiltration_SD_83_SS and 
Qinfiltration_DD_83_SS = total infiltration air heat in 
cooling mode for a single-duct and dual-duct theoretical comparable 
single-speed portable air conditioner, respectively, at Test 
Conditions 2.E and 2.B (the 83 [deg]F dry-bulb outdoor temperature 
operating condition), respectively, calculated in section 5.5.3 of 
this appendix, in Btu/h.


[[Page 34973]]


    5.5.5 Annual Energy Consumption in Cooling Mode for a Theoretical 
Comparable Single-Speed Portable Air Conditioner at the Lower Outdoor 
Temperature Operating Condition. Calculate the annual energy 
consumption in cooling mode for a single-duct or dual-duct theoretical 
comparable single-speed portable air conditioner at the 83 [deg]F dry-
bulb outdoor temperature operating condition, in kWh/year, according to 
the following equations:
    For a single-duct theoretical comparable single-speed portable air 
conditioner:

AECSD_83_SS = PSD_83_SS x 0.750

    For a dual-duct theoretical comparable single-speed portable air 
conditioner:

AECDD_83_SS = PDD_83_SS x 0.750

Where:

AECSD_83_SS and AECDD_83_SS = annual energy 
consumption for a single-duct and dual-duct theoretical comparable 
single-speed portable air conditioner, respectively, in cooling mode 
at the 83 [deg]F dry-bulb outdoor temperature operating condition 
(Test Conditions 2.E and 2.B, respectively), in kWh/year.
PSD_83_SS and PDD_83_SS = electrical power 
input for a single-duct and dual-duct theoretical comparable single-
speed portable air conditioner, respectively, at the 83 [deg]F dry-
bulb outdoor temperature operating condition (Test Conditions 2.E 
and 2.B, respectively) as calculated in section 5.5.1 of this 
appendix, in watts.
0.750 = number of cooling mode hours per year, 750, multiplied by 
the conversion factor for watt-hours to kilowatt-hours, 0.001 kWh/
Wh.

    5.5.6 Combined Energy Efficiency Ratio for a Theoretical Comparable 
Single-Speed Portable Air Conditioner. Calculate the combined energy 
efficiency ratios for a theoretical comparable single-speed portable 
air conditioner without cycling losses, CEERSD_SS and 
CEERDD_SS, and with cycling losses, CEERSD_SS_CF 
and CEERDD_SS_CF, in Btu/Wh, according to the following 
equations:
[GRAPHIC] [TIFF OMITTED] TP08JN22.007


Where:

CEERSD_SS and CEERSD_CF_SS = combined energy 
efficiency ratio for a single-duct theoretical comparable single-
speed portable air conditioner without and with cycling losses, 
respectively, in Btu/Wh.
CEERDD_SS and CEERDD_CF_SS = combined energy 
efficiency ratio for a dual-duct theoretical comparable single-speed 
portable air conditioner without and with cycling losses, 
respectively, in Btu/Wh.
ACCSD_95 and ACCDD_95 = adjusted cooling 
capacity of the sample unit, as calculated in section 5.1.2 of this 
appendix, when tested at Test Conditions 2.D and 2.A, respectively, 
in Btu/h.
ACCSD_83_SS and ACCSD_83_SS_CF = adjusted 
cooling capacity for a single-duct theoretical comparable single-
speed portable air conditioner at the 83 [deg]F dry-bulb outdoor 
temperature operating condition (Test Conditions 2.E) without and 
with cycling losses, respectively, as calculated in section 5.5.4 of 
this appendix, in Btu/h.
ACCDD_83_SS and ACCDD_83_SS_CF = adjusted 
cooling capacity for a dual-duct theoretical comparable single-speed 
portable air conditioner at the 83 [deg]F dry-bulb outdoor 
temperature operating condition (Test Condition 2.B) without and 
with cycling losses, respectively, as calculated in section 5.5.4 of 
this appendix, in Btu/h.
AECSD_Full = annual energy consumption of the single-duct 
sample unit, as calculated in section 5.4.2.1 of this appendix, in 
kWh/year.
AECDD_95_Full = annual energy consumption for the dual-
duct sample unit, as calculated in section 5.4.2.1 of this appendix, 
in kWh/year.
AECSD_83_SS and AECDD_83_SS = annual energy 
consumption for a single-duct and dual-duct theoretical comparable 
single-speed portable air conditioner, respectively, in cooling mode 
at the 83 [deg]F dry-bulb outdoor temperature operating condition 
(Test Conditions 2.E and 2.B,

[[Page 34974]]

respectively), calculated in section 5.5.5 of this appendix, in kWh/
year.
AECT = total annual energy consumption attributed to all 
operating modes except cooling for the sample unit, calculated in 
section 5.3 of this appendix, in kWh/year.
0.750 as defined previously in this section.
0.2 = weighting factor for the 95 [deg]F dry-bulb outdoor 
temperature operating condition.
0.8 = weighting factor for the 83 [deg]F dry-bulb outdoor 
temperature operating condition.

    5.5.7 Combined-Duct Variable-Speed Portable Air Conditioner 
Performance Adjustment Factor. Calculate the sample unit's performance 
adjustment factor, Fp, as follows:
    For a single-duct unit:
    [GRAPHIC] [TIFF OMITTED] TP08JN22.014
    
    For a dual-duct unit:
    [GRAPHIC] [TIFF OMITTED] TP08JN22.015
    

Where:

CEERSD_SS and CEERSD_SS_CF = combined energy 
efficiency ratio for a single-duct theoretical comparable single-
speed portable air conditioner without and with cycling losses 
considered, respectively, calculated in section 5.5.6 of this 
appendix, in Btu/Wh.
CEERDD_SS and CEERDD_SS_CF = combined energy 
efficiency ratio for a dual-duct theoretical comparable single-speed 
portable air conditioner without and with cycling losses considered, 
respectively, calculated in section 5.5.6 of this appendix, in Btu/
Wh.

    5.5.8 Single-Duct and Dual-Duct Variable-Speed Portable Air 
Conditioner Combined Energy Efficiency Ratio. Calculate the sample 
unit's final combined energy efficiency ratio, CEER, in Btu/Wh, as 
follows:
    For a single-duct portable air conditioner:

CEERSD = CEERSD_UA x (1 + Fp_SD)

    For a dual-duct portable air conditioner:

CEERDD = CEERDD_UA x (1 + Fp_DD)

Where:

CEERSD and CEERDD = combined energy efficiency 
ratio for a single-duct and dual-duct sample unit, in Btu/Wh, 
respectively.
CEERSD_UA and CEERDD_UA= unadjusted combined 
energy efficiency ratio for a single-duct and dual-duct sample unit, 
respectively, calculated in section 5.4.2.1 of this appendix, in 
Btu/Wh.
Fp_SD and Fp_DD = single-duct and dual-duct 
sample unit's performance adjustment factor, respectively, 
calculated in section 5.5.7 of this appendix.

    9. Add appendix CC1 to subpart B of part 430 to read as follows:

Appendix CC1 to Subpart B of Part 430--Uniform Test Method for 
Measuring the Energy Consumption of Portable Air Conditioners

    Note: Manufacturers must use the results of testing under this 
appendix to determine compliance with any standards that amend the 
portable air conditioners standard at Sec.  430.32(cc) with which 
compliance is required on January 10, 2025. Any representation 
related to energy also must be made in accordance with the appendix 
that applies (i.e., appendix CC or this appendix). Manufacturers may 
use this appendix to certify compliance with any amended standards 
before the compliance date for those standards.

0. Incorporation by Reference

    DOE incorporated by reference in Sec.  430.3, the entire standard 
for AHAM PAC-1-2022 Draft, ANSI/ASHRAE Standard 37-2009, ANSI/ASHRAE 
51, and IEC 62301; however, only enumerated provisions of those 
documents are applicable to this appendix as follows. Treat ``should'' 
in IEC 62301 as mandatory.
0.1 AHAM PAC-1-2022 Draft
    (a) Section 2 ``Scope,'' as specified in section 1 of this 
appendix;
    (b) Section 4 ``Definitions,'' as specified in sections 2 and 3 of 
this appendix;
    (c) Section 7 ``Tests,'' as specified in sections 3 and 4 of this 
appendix;
    (d) Section 8.1 ``Cooling Mode,'' as specified in section 5 of this 
appendix;
    (e) Section 9.1 ``Duct Heat Transfer,'' as specified in section 5.1 
of this appendix;
    (f) Section 9.2 ``Infiltration Air Heat Transfer,'' as specified in 
section 5.1 of this appendix.
0.2 ANSI/ASHRAE Standard 37-2009
    (a) Section 5.1 ``Temperature Measuring Instruments,'' as specified 
in section 3 of this appendix;
    (b) Section 5.3 ``Air Differential Pressure and Airflow 
Measurements,'' as specified in section 3 of this appendix;
    (c) Section 5.4 ``Electrical Instruments,'' as specified in section 
4 of this appendix;
    (d) Section 6.2 ``Nozzle Airflow Measuring Apparatus,'' as 
specified in section 4 of this appendix;
    (e) Section 6.3 ``Nozzles,'' as specified in section 4 of this 
appendix;
    (f) Section 7.3 ``Indoor and Outdoor Air Enthalpy Methods,'' as 
specified in section 4 of this appendix;
    (g) Section 7.7 ``Airflow Rate Measurement,'' as specified in 
section 4 of this appendix;
    (h) Section 8.7 ``Test Procedure for Cooling Capacity Tests,'' as 
specified in section 4 of this appendix.
    (i) Section 9 ``Data to be Recorded,'' as specified in section 4 of 
this appendix;
    (j) Section 10 ``Test Results,'' as specified in section 4 of this 
appendix;
    (k) Section 11.1 ``Symbols Used In Equations,'' as specified in 
section 4 of this appendix.
0.3 IEC 62301 (Edition 2.0, 2011-01)
    (a) Paragraph 5.2 ``Preparation of product,'' as specified in 
section 3 of this appendix;
    (b) Paragraph 4.3.2 ``Supply voltage waveform,'' as specified in 
section 3 of this appendix;
    (c) Paragraph 4.4 ``Power measuring instruments,'' as specified in 
section 3 of this appendix;
    (d) Annex D, ``Determination of Uncertainty of Measurement,'' as 
specified in section 3 of this appendix;

[[Page 34975]]

    (e) Paragraph 4.2 ``Test room,'' as specified in section 3 of this 
appendix;
    (f) Paragraph 5.1, ``General,'' Note 1, as specified in section 4 
of this appendix;
    (g) Paragraph 5.3.2 ``Sampling method,'' as specified in section 4 
of this appendix.
0.4 ANSI/ASHRAE 51
    (a) Figure 12 and Notes, ``Outlet chamber Setup--Multiple Nozzles 
in Chamber,'' as specified in section 4 of this appendix.
    (0.5) ANSI/ASHRAE 41.1 as specified in section 4 of this appendix.
    (0.6) ANSI/ASHRAE 41.7 as specified in section 4 of this appendix.
    When there is a conflict, the language of this appendix takes 
precedence over those documents. Any subsequent amendment to a 
referenced document by the standard-setting organization will not 
affect the test procedure in this appendix, unless and until DOE amends 
the test procedure. Material is incorporated as it exists on the date 
of the approval, and any change to the reference to the material will 
be published in the Federal Register.

1. Scope

    Establishes test requirements to measure the energy performance of 
single-duct and dual-duct, and single-speed and variable-speed portable 
air conditioners in accordance with AHAM PAC-1-2022 Draft, unless 
otherwise specified.

2. Definitions

    Definitions for industry standards, terms, modes, calculations, 
etc. are in accordance with AHAM PAC-1-2022 Draft.
3. Test Apparatus and General Instructions
    Follow requirements and instructions for test conduct and test 
setup in accordance with AHAM PAC-1-2022 Draft, including references to 
ASHRAE 37 Sections 5.1 and 5.3, and IEC 62301 Sections 4.3.2, 4.4, and 
5.2, and Annex D. If the portable air conditioner has network 
functions, disable all network functions throughout testing if 
possible. If an end-user cannot disable a network function or the 
product's user manual does not provide instruction for disabling a 
network function, test the unit with that network function in the 
factory default configuration for the duration of the test.

4. Test Measurement

    Follow requirements for test measurement in active and inactive 
modes of operation in accordance with AHAM PAC-1-2022 Draft, including 
references to Sections 5.4, 6.2, 6.3, 7.3, 7.7, 8.7, 9, 10, and 11 of 
ANSI/ASHRAE Standard 37-2009, referring to Figure 12 of ANSI/ASHRAE 51 
to determine placement of static pressure taps, and including 
references to ANSI/ASHRAE 41.1-1986 and ANSI/ASHRAE 41.6-1994. When 
conducting standby power testing using the sampling method described in 
Section 5.3.2 of IEC 62301, if the standby mode is cyclic and irregular 
or unstable, collect 10 cycles worth of data.

5. Calculation of Derived Results From Test Measurements

    Perform calculations from test measurements to determine Seasonally 
Adjusted Cooling Capacity (SACC) and Combined Energy Efficiency Ratio 
(CEER) in accordance with AHAM PAC-1-2022 Draft, unless otherwise 
specified in this section.
    5.1 Adjusted Cooling Capacity. Calculate the adjusted cooling 
capacities at the 95 [deg]F and 83 [deg]F operating conditions 
specified below of the sample unit, in Btu/h, according to the 
following equations.
    For a single-duct single-speed unit:

ACC95 = CapacitySD - Qduct\SD - Qinfiltration_95
ACC83 = 0.6000 x (CapacitySD - Qduct\SD - 
Qinfiltration_95)

    For a single-duct variable-speed unit:

ACC95 = CapacitySD\Full - Qduct\SD\Full - 
Qinfiltration_95
ACC83 = CapacitySD\ Low - Qduct\ SD\ Low - 
Qinfiltration_ 83_ Low
ACC83 = CapacitySD\ Low - Qduct\ SD\ Low - 
Qinfiltration_ 83_ Low

    For a dual-duct single-speed unit:

ACC95 = CapacityDD_ 95 - Qduct\ DD\ 95 
- Qinfiltration_ 95
ACC83 = 0.5363 x (CapacityDD_83 - 
Qduct\DD_83 - Qinfiltration_83)

    For a dual-duct variable-speed unit:

ACC95 = CapacityDD_ 95_ Full - Qduct\ 
DD_ 95_ Full - Qinfiltration_ 95
ACC83 = CapacityDD_ 83_ Low - Qduct\ 
DD_ 83_Low - Qinfiltration_ 83_ Low

Where:

ACC95 and ACC83 = adjusted cooling capacity of 
the sample unit, in Btu/h, calculated from testing at:
For a single-duct single-speed unit, test configuration 2A in Table 
2 of AHAM PAC-1-2022 Draft.
For a single-duct variable-speed unit, test configurations 2B and 2C 
in Table 2 of AHAM PAC-1-2022 Draft.
For a dual-duct single-speed unit, test configurations 1A and 1B in 
Table 2 of AHAM PAC-1-2022 Draft.
For a dual-duct variable-speed unit: test configurations 1C and 1E 
in Table 2 of AHAM PAC-1-2022 Draft.
CapacitySD, CapacitySD_Full, 
CapacitySD_Low, CapacityDD_95, 
CapacityDD_83, CapacityDD_95_Full, and 
CapacityDD_83_Low = cooling capacity, in Btu/h, measured 
in testing at test configuration 2A, 2B, 2C, 1A, 1B, 1C, and 1E of 
Table 2 in Section 8.1 of AHAM PAC-1-2022 Draft, respectively.
Qduct_SD, Qduct_SD_Full, 
Qduct_SD_Low, Qduct_DD_95, 
Qduct_DD_83, Qduct_DD_95_Full, and 
Qduct_DD_83_Low = duct heat transfer while operating in 
cooling mode for each duct configuration, compressor speed (where 
applicable) and temperature condition (where applicable), calculated 
in Section 9.1 of AHAM PAC-1-2022 Draft, in Btu/h.
Qinfiltration_95, Qinfiltration_83, and 
Qinfiltration_83_Low = total infiltration air heat 
transfer in cooling mode, in Btu/h, for each of the following 
compressor speed and duct configuration combinations:
For a single-duct single-speed unit, use Qinfiltration_95 
as calculated for a single-duct single-speed unit in Section 9.2 of 
AHAM PAC-1-2022 Draft.
For a single-duct variable-speed unit, use 
Qinfiltration_95 and Qinfiltration_83_Low as 
calculated for a single-duct variable-speed unit in Section 9.2 of 
AHAM PAC-1-2022 Draft.
For a dual-duct single-speed unit, use Qinfiltration_95 
and Qinfiltration_83 as calculated for a dual-duct 
single-speed unit in Section 9.2 of AHAM PAC-1-2022 Draft.
For a dual-duct variable-speed unit, use Qinfiltration_95 
and Qinfiltration_83_Low as calculated for a dual-duct 
variable-speed unit in Section 9.2 of AHAM PAC-1-2022 Draft.0.6000 
and 0.5363 = empirically-derived load-based capacity adjustment 
factor for a single-duct and dual-duct single-speed unit, 
respectively, when operating at test conditions 1B and 2C.

    5.2 Seasonally Adjusted Cooling Capacity. Calculate the seasonally 
adjusted cooling capacity for the sample unit, SACC, in Btu/h, 
according to:
SACC = ACC95 x 0.144 + ACC83 x 0.856

Where:

ACC95 and ACC83 = adjusted cooling capacities 
at the 95 [deg]F and 83 [deg]F outdoor temperature conditions, 
respectively, in Btu/h, calculated in section 5.1 of this appendix.
0.144 = empirically-derived weighting factor for ACC95.
0.856 = empirically-derived weighting factor for ACC83.

    5.3 Annual Energy Consumption. Calculate the annual energy 
consumption in each operating mode, AECm, in kilowatt-hours per year 
(kWh/year). Use the following annual hours of operation for each mode:

[[Page 34976]]



                     Table 1--Annual Operating Hours
------------------------------------------------------------------------
                                                              Annual
                     Operating mode                          operating
                                                               hours
------------------------------------------------------------------------
Cooling Mode Test Configurations 1A, 1C, 2A (95), 2B....             164
Cooling Mode Test Configurations 1B, 2A (83)............             586
Cooling Mode Test Configuration 1E, 2C..................             977
Off-Cycle, Single-Speed.................................             391
Off-Cycle, Variable-Speed...............................               0
Total Cooling and Off-cycle Mode........................           1,141
Inactive or Off Mode....................................           1,844
------------------------------------------------------------------------

    Calculate total annual energy consumption in all modes according to 
the following equations:
[GRAPHIC] [TIFF OMITTED] TP08JN22.008


Where:

AEC95 and AEC83 = total annual energy 
consumption attributed to all modes representative of either the 95 
[deg]F and 83 [deg]F operating condition, respectively, in kWh/year.
Pm = average power in each mode, in watts, as determined 
in sections 4.1.1 and 4.1.2 of this appendix.
tm = number of annual operating time in each mode, in 
hours.
k = 0.001 kWh/Wh conversion factor from watt-hours to kilowatt-
hours.
0.82 = empirically-derived factor representing efficiency losses due 
to compressor cycling outside of fan operation
m represents the operating mode:
--``DD_95'' and ``DD_83'' correspond to cooling mode in Test 
Configurations 1A and 1B in Table 2 of AHAM PAC-1-2022 Draft, 
respectively, for dual-duct single-speed units,
--``DD_95_Full'', ``DD_83_Low'' correspond to cooling mode in Test 
Configurations 1C and 1E in Table 2 of AHAM PAC-1-2022 Draft, 
respectively, for dual-duct variable-speed units,
--``SD_95'' corresponds to cooling mode in Test Configuration 2A in 
Table 2 of AHAM PAC-1-2022 Draft for single-duct single-speed units, 
for use when calculating AEC at the 95 [deg]F outdoor temperature 
condition,
--``SD_83'' corresponds to cooling mode in Test Configuration 2A in 
Table 2 of AHAM PAC-1-2022 Draft for single-duct single-speed units, 
for use when calculating AEC at the 83 [deg]F outdoor temperature 
condition
--``SD_Full'' and ``SD_Low'' correspond to cooling mode in Test 
Configurations 2B and 2C in Table 2 of AHAM PAC-1-2022 Draft, 
respectively, for single-duct variable-speed units
--``oc'' corresponds to off-cycle,
--``ia/om'' corresponds to inactive or off mode,

    5.4 Annual Cooling and Energy Ratio. Calculate the annualized 
energy

[[Page 34977]]

efficiency ratio, AEER, in Btu/Wh, according to the following equation:
[GRAPHIC] [TIFF OMITTED] TP08JN22.009


Where:

AEER = the annualized energy efficiency ratio of the sample unit in 
Btu/Wh.
ACC95 and ACC83 = adjusted cooling capacity at 
the 95 [deg]F and 83 [deg]F outdoor temperature conditions, 
respectively, calculated in section 5.1 of this appendix.
AEC95, AEC83, AECoc, and 
AECia/om = total annual energy consumption attributed to 
all modes representative the 95 [deg]F operating condition, the 83 
[deg]F operating condition, off-cycle mode, and inactive or off mode 
respectively, in kWh/year, calculated in section 5.3 of this 
appendix.
tcm_95 = number of annual hours spent in cooling mode at 
the 95 [deg]F operating condition, tDD_95 for dual-duct 
single-speed units, tDD_95_Full for dual-duct variable-
speed units, tSD_95 for single-duct single-speed units, 
or tSD_Full for single-duct variable-speed units, defined 
in section 5.3 of this appendix.
164 = number of annual hours spent in cooling mode at the 95 [deg]F 
operating condition, as shown in Table 1 of section 5.3 of this 
appendix.
tcm_83 = number of annual hours spent in cooling mode at 
the 83 [deg]F operating condition, tDD_83 for dual-duct 
single-speed units, tDD_83_Low for dual-duct variable-
speed units, tSD_83 for single-duct single-speed units, 
or tSD_Low for single-duct variable-speed units, defined 
in section 5.3 of this appendix.
0.001 = kWh/Wh conversion factor for watt-hours to kilowatt-hours.

[FR Doc. 2022-11469 Filed 6-7-22; 8:45 am]
BILLING CODE 6450-01-P