[Federal Register Volume 88, Number 93 (Monday, May 15, 2023)]
[Rules and Regulations]
[Pages 31102-31138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09755]



[[Page 31101]]

Vol. 88

Monday,

No. 93

May 15, 2023

Part II





Department of Energy





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10 CFR Parts 429 and 430





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

  Federal Register / Vol. 88 , No. 93 / Monday, May 15, 2023 / Rules 
and Regulations  

[[Page 31102]]


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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: Final rule.

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SUMMARY: The U.S. Department of Energy (``DOE'') amends the current 
test procedure for portable air conditioners (``portable ACs'') to 
incorporate a measure of variable-speed portable AC performance, 
generally consistent with previously granted waivers, and to make minor 
clarifying edits. DOE also establishes a new test procedure for 
portable ACs that provides more representative measures of cooling 
capacity and energy consumption. The new test procedure will provide 
the basis for development of any updated efficiency standards for 
portable ACs. Should DOE establish such standards, the amended test 
procedure would become the required test method for determining 
compliance.

DATES: The effective date of this rule is June 14, 2023. The amendments 
to Appendix CC will be mandatory for product testing starting November 
13, 2023. Manufacturers will be required to use the Appendix CC until 
the compliance date of any final rule establishing amended energy 
conservation standards for portable ACs based on the newly established 
test procedure at Appendix CC1. At such time, manufacturers will be 
required to begin using Appendix CC1.
    The incorporation by reference of certain material listed in the 
rule is approved by the Director of the Federal Register as of June 14, 
2023. The incorporation by reference of certain other material listed 
in this rule was approved by the Director of the Federal Register on 
August 1, 2016.

ADDRESSES: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, 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, not all documents listed in the index may be publicly 
available, such as those containing information that is exempt from 
public disclosure.
    A link to 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.
    For further information on how to review the docket, contact the 
Appliance and Equipment Standards Program staff at (202) 287-1445 or by 
email: [email protected].

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].

SUPPLEMENTARY INFORMATION: DOE maintains material previously approved 
for incorporation by reference in appendix CC to 10 CFR part 430, 
subpart B and incorporates by reference the following industry 
standards into parts 429 and 430:

    AHAM PAC-1-2022, ``Energy Measurement Test Procedure for 
Portable Air Conditioners'', copyright 2022 (``AHAM PAC-1-2022'').
    Copies of AHAM PAC-1-2022 can be obtained from the Association 
of Home Appliance Manufacturers (``AHAM''), 1111 19th Street NW, 
Suite 402, Washington, DC 20036; or by going to AHAM's online store 
at www.aham.org/AHAM/AuxStore.
    ANSI/ASHRAE Standard 37-2009, ``Methods of Testing for Rating 
Electrically Driven Unitary Air-Conditioning and Heat Pump 
Equipment'', copyright 2009 (``ASHRAE 37-2009'').
    ANSI/ASHRAE Standard 41.1-1986 (Reaffirmed 2006), ``Standard 
Method for Temperature Measurement'', copyright 1987 (``ANSI/ASHRAE 
41.1'').
    ANSI/ASHRAE Standard 41.6-1994 (RA 2006), ``Standard Method for 
Measurement of Moist Air Properties'', copyright 1994. (``ANSI/
ASHRAE 41.6-1994'').
    ANSI/AMCA 210-99 (co-published as ANSI-ASHRAE S51-1999), 
``Laboratory Methods of Testing Fans for Certified Aerodynamic 
Performance Rating'' (copyright 1999) (``ANSI/AMCA 210'').
    Copies of ASHRAE 37-2009, ANSI/ASHRAE 41.1, ANSI/ASHRAE 41.6-
1994, and ANSI/AMCA 210 can be obtained from the American National 
Standards Institute (``ANSI''), 1899 L Street NW, 11th Floor, 
Washington, DC; or by going to ANSI's online store at 
webstore.ansi.org/.
    IEC 62301 (Edition 2.0, 2011-01) ``Household electrical 
appliances--Measurement of standby power'' (copyright 2011) (``IEC 
62301 Ed. 2.0'').
    Copies of IEC 62301 Ed. 2.0 can be obtained from the 
International Electrotechnical Commission (``IEC''), 3 Rue de 
Varembe, Case Postale 131, 1211 Geneva 20, Switzerland; +41 22 919 
02 11, webstore.iec.ch/.

    For a further discussion of these standards see section IV.N of 
this document.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Synopsis of the Final Rule
III. Discussion
    A. Scope of Applicability
    B. Test Procedure
    1. Overview
    2. Definitions
    3. Updates to Industry Standards
    4. Harmonization With Other AC Product Test Procedures
    5. Variable-Speed Technology
    6. Representative Average Period of Use
    7. Configurations
    8. Cooling Mode
    9. Heating Mode
    10. Air Circulation Mode
    11. Dehumidification Mode
    12. Network Connectivity
    13. 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 Orders 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. Congressional Notification
    N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary

I. Authority and Background

    The Department of Energy's (``DOE's'') test procedure for portable 
air conditioners (``portable ACs'') is currently prescribed at 10 CFR 
430.23(dd) and appendix CC to subpart B of part 430 (``appendix CC''). 
The

[[Page 31103]]

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. These products include portable ACs, 
the subject of this document. (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 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 under EPCA (42 U.S.C. 6295(s)), and (2) 
making other representations about the efficiency of those products (42 
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to 
determine whether the products comply with any 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 shall 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 (as determined by the Secretary) or period of use and 
shall 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))
    If the Secretary determines, on her own behalf or in response to a 
petition by any interested person, that a test procedure should be 
prescribed or amended, the Secretary shall promptly publish in the 
Federal Register proposed test procedures and afford interested persons 
an opportunity to present oral and written data, views, and arguments 
with respect to such procedures. The comment period on a proposed rule 
to amend a test procedure shall be at least 60 days and may not exceed 
270 days. 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. (42 U.S.C. 
6293(b)(1)(A)(ii))
    In addition, EPCA requires that DOE amend its test procedures for 
all covered products to integrate measures of standby mode and off mode 
energy consumption into the overall energy efficiency, energy 
consumption, or other energy descriptor, unless the current test 
procedure already incorporates the standby mode and off mode energy 
consumption, or if such integration is technically infeasible. (42 
U.S.C. 6295(gg)(2)(A)) If an integrated test procedure is technically 
infeasible, DOE must prescribe separate standby mode and off mode 
energy use test procedures for the covered product, if a separate test 
is technically feasible. (Id.) 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. 
(Id.)
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    \3\ IEC 62301, Household electrical appliances--Measurement of 
standby power (Edition 2.0, 2011-01).
    \4\ IEC 62087, Audio, video and related equipment--Methods of 
measurement for power consumption (Edition 1.0, Parts 1-6: 2015, 
Part 7: 2018).
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    DOE is publishing this final rule 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 current test procedure for portable 
ACs on June 1, 2016. 81 FR 35241 (``June 2016 Final Rule''). 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 current test procedure includes provisions 
for determining seasonally adjusted cooling capacity (``SACC'') in 
British thermal units per hour (``Btu/h''), combined energy efficiency 
ratio (``CEER'') in British thermal units per watt-hour (``Btu/Wh''), 
and estimated annual operating cost (``EAOC'') in dollars per year. 10 
CFR 430.23(dd). 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

[[Page 31104]]

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 (1) 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) reduces 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.
    On June 8, 2022, DOE published in the Federal Register a notice of 
proposed rulemaking (``June 2022 NOPR'') proposing to amend the test 
procedures for portable ACs to incorporate a measure of variable-speed 
portable AC performance and make minor clarifying edits. DOE also 
proposed to adopt a new test procedure in appendix CC1 to improve 
representativeness for all configurations of portable ACs by including 
substantively different measures of cooling capacity and energy 
consumption compared to the current portable AC test procedure at 
appendix CC. The provisions in appendix CC1 were largely derived from a 
draft version of the most recent update to the AHAM standard for 
portable ACs, AHAM PAC-1, ``Portable Air Conditioners.'' DOE requested 
comments from interested parties on the proposal. 87 FR 34934.
    DOE received comments in response to the June 2022 NOPR from the 
interested parties listed in Table I.1.

            Table I.1--List of Commenters With Written Submissions in Response to the June 2022 NOPR
----------------------------------------------------------------------------------------------------------------
                                            Reference in this final   Comment No. in
              Commenter(s)                           rule               the docket          Commenter type
----------------------------------------------------------------------------------------------------------------
New York State Energy Research and        NYSERDA...................              17  State Agency.
 Development Authority.
Association of Home Appliance             AHAM......................              18  Trade Association.
 Manufacturers.
Appliance Standards Awareness Project,    Joint Commenters..........              19  Efficiency Organizations.
 American Council for an Energy-
 Efficient Economy, National Consumer
 Law Center.
Pacific Gas and Electric Company, San     California IOUs...........              20  Utilities.
 Diego Gas and Electric, Southern
 California Edison; collectively, the
 California Investor-Owned Utilities.
Keith Rice..............................  Rice......................              21  Individual.
Northwest Energy Efficiency Alliance and  NEEA and NWPCC............              22  Efficiency Organizations.
 Northwest Power and Conservation
 Council.
----------------------------------------------------------------------------------------------------------------

    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\5\ 
To the extent that interested parties have provided written comments 
that are substantively consistent with any oral comments provided 
during the July 13, 2022, public meeting (hereafter referred to as the 
``July 2022 NOPR public meeting''), DOE cites the written comments 
throughout this final rule. Any oral comments provided during the 
webinar that are not substantively addressed by written comments are 
summarized and cited separately throughout this final rule.
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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-TP-0029, 
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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II. Synopsis of the Final Rule

    In this final rule, DOE (1) amends 10 CFR 429.4 ``Materials 
incorporated by reference'' and 10 CFR 429.62, ``Portable air 
conditioners''; (2) updates 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) amends 
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) adopts a new appendix CC1, ``10 CFR 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 below, respectively.
    Specifically, in this final rule, DOE amends 10 CFR 429.4 
``Materials incorporated by reference'' and 10 CFR 429.62, ``Portable 
air conditioners'' as follows:
    (1) Incorporates by reference AHAM PAC-1-2022, ``Portable Air 
Conditioners'' (``AHAM PAC-1-2022''), which includes an industry-
accepted method for testing variable-speed portable ACs, in 10 CFR 
429.4; and
    (2) Adds rounding instructions for the SACC and the new energy 
efficiency metric, annualized energy efficiency ratio (``AEER''), in 10 
CFR 429.62;
    DOE's adopted amendments in 10 CFR 429.4 and 429.62 are summarized 
in Table II.1 compared to the previous 10 CFR 429.4 and 429.62, as well 
as the reason for the changes.

[[Page 31105]]



    Table II.1--Summary of Changes in Amended 10 CFR 429.4 and 429.62
              Relative to Previous 10 CFR 429.4 and 429.62
------------------------------------------------------------------------
   Previous 10 CFR 429.4 and     Amended 10 CFR 429.4
            429.62                    and 429.62           Attribution
------------------------------------------------------------------------
10 CFR 429.4 incorporated by    Adds incorporation by   Harmonize with
 reference ANSI/AHAM PAC-1-      reference in 10 CFR     updated
 2015.                           429.4 of AHAM PAC-1-    industry test
                                 2022.                   procedure.
10 CFR 429.62 required          Adds to 10 CFR 429.62   Improve
 rounding based on AHAM PAC-1-   rounding instructions   reproducibility
 2015.                           for SACC and AEER       of the test
                                 when using appendix     procedure.
                                 CC1.
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    In this final rule, DOE also updates 10 CFR 430.2, ``Definitions'' 
and 10 CFR 430.23, ``Test procedures for the measurement of energy and 
water consumption'' as follows:
    (1) Adds a definition for the term ``combined-duct portable air 
conditioner'' to 10 CFR 430.2; and
    (2) Adds requirements to determine estimated annual operating cost 
for single-duct and dual-duct variable-speed portable ACs in 10 CFR 
430.23.
    DOE's actions in 10 CFR 430.2 and 430.23 are summarized in Table 
II.1 compared to the previous 10 CFR 430.2 and 430.23, as well as the 
reason for the changes.

    Table II.2--Summary of Changes in Amended 10 CFR 430.2 and 430.23
              Relative to Previous 10 CFR 430.2 and 430.23.
------------------------------------------------------------------------
   Previous 10 CFR 430.2 and     Amended 10 CFR 430.2
            430.23                    and 430.23           Attribution
------------------------------------------------------------------------
10 CFR 430.2 did not define     Adds a definition to    Address test
 combined-duct portable AC.      10 CFR 430.2 for        procedure
                                 combined-duct           waiver.
                                 portable AC.
10 CFR 430.23 did not have a    Adds a method to 10     Address test
 method to estimate annual       CFR 430.23 to           procedure
 operating cost for single-      estimate annual         waiver.
 duct and dual-duct variable-    operating cost for
 speed portable ACs.             single-duct and dual-
                                 duct variable-speed
                                 portable ACs.
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    In this final rule, DOE also amends appendix CC, ``10 CFR Appendix 
CC to Subpart B of Part 430 Uniform Test Method for Measuring the 
Energy Consumption of Portable Air Conditioners'' as follows:
    (1) Adds definitions in section 2 for ``combined-duct,'' ``single-
speed,'' ``variable-speed,'' ``full compressor speed (full),'' ``low 
compressor speed (low),'' ``theoretical comparable single-speed,'' and 
``seasonally adjusted cooling capacity, full;''
    (2) Divides section 4.1 into two sections, 4.1.1 and 4.1.2, for 
single-speed and variable-speed portable ACs, respectively, and details 
configuration-specific cooling mode testing requirements for variable-
speed portable ACs;
    (3) Adds a requirement in section 4.1.2 that, for variable-speed 
portable ACs, the full compressor speed at the 95-degrees Fahrenheit 
(``[hairsp][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) Adds cycling factors (``CFs'') in section 5.5.1 (0.82 for 
single-duct units and 0.77 for dual-duct units);
    (5) Adds 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) Adds 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 instructions for disabling network 
settings, test the unit with the network settings in the factory 
default configuration for the duration of the test.
    DOE's actions in appendix CC are summarized in Table II.3 compared 
to the current appendix CC, as well as the reason for the changes.

    Table II.3--Summary of Changes in Amended Appendix CC to Previous
                               Appendix CC
------------------------------------------------------------------------
     Previous appendix CC         Amended appendix CC      Attribution
------------------------------------------------------------------------
Did not specify compressor      Adds definitions for    Address test
 type or include variable-       single-speed and        procedure
 speed portable ACs.             variable-speed          waiver.
                                 pertaining to
                                 portable ACs and
                                 additional compressor
                                 speed definitions.
Specified cooling mode          Adds cooling mode       Address test
 requirements and subsequent     requirements and        procedure
 calculations for single-speed   subsequent              waiver.
 portable ACs.                   calculations for
                                 variable-speed
                                 portable ACs.
Did not specify requirements    Adds a requirement      Address test
 to achieve compressor speeds.   that the full           procedure
                                 compressor speed at     waiver.
                                 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.
Did not include a CF..........  Adds CFs of 0.82 for    Address test
                                 single-duct units and   procedure
                                 0.77 for dual-duct      waiver.
                                 units to determine
                                 theoretical single-
                                 speed portable AC
                                 cooling capacities.

[[Page 31106]]

 
Calculated SACC for single-     Adds equations to       Address test
 speed portable ACs.             calculate SACC for      procedure
                                 variable-speed          waiver and
                                 portable ACs.           ensure
                                 Requires that the       comparability
                                 full compressor speed   between single-
                                 be used to determine    speed and
                                 capacity at the 95      variable-speed
                                 [deg]F test and the     capacity
                                 low compressor speed    ratings.
                                 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.
Did not address portable ACs    Adds a requirement      Ensure
 with network functions.         that, if a portable     reproducibility
                                 AC has network          of the test
                                 functions, all          procedure.
                                 network functions
                                 must be disabled
                                 throughout testing.
------------------------------------------------------------------------

    In this final rule, DOE additionally adopts a new appendix CC1, 
``10 CFR Appendix CC1 to Subpart B of Part 430--Uniform Test Method for 
Measuring the Energy Consumption of Portable Air Conditioners,'' which, 
compared to appendix CC as amended in this final rule:
    (1) Incorporates by reference parts of the updated version of the 
AHAM standard, AHAM PAC-1-2022, which includes an industry-accepted 
method for testing portable ACs;
    (2) Adopts a new efficiency metric, AEER, to calculate more 
representatively the efficiency of both variable-speed and single-speed 
portable ACs;
    (3) Amends the annual operating hours;
    (4) Updates the SACC equation for both single-speed and variable-
speed portable ACs; and
    (5) Adds cycling factors (``CFs'') in section 5.5.1 (0.82 for 
single-duct units and 0.77 for dual-duct units).
    Key aspects of DOE's new appendix CC1 are described in Table II.4 
compared to the previous appendix CC, as well as the reason for the new 
appendix CC1.

 Table II.4--Summary of Proposed New Appendix CC1 to Current Appendix CC
------------------------------------------------------------------------
     Previous appendix CC          New appendix CC1        Attribution
------------------------------------------------------------------------
Incorporates by reference ANSI/ Incorporates by         Harmonize with
 AHAM PAC-1-2015.                reference AHAM PAC-1-   updated
                                 2022.                   industry test
                                                         procedure.
Specifies cooling mode          Adds cooling mode       Improve
 requirements and subsequent     requirements,           representativen
 calculations for single-speed   operating hours, and    ess of the test
 portable ACs.                   a new efficiency        procedure.
                                 metric.
Calculates SACC for single-     Adds equation to        Improve
 speed portable ACs.             calculate SACC for      representativen
                                 variable-speed          ess of the test
                                 portable ACs and        procedure.
                                 updates the SACC for
                                 single-speed portable
                                 ACs.
Calculates CEER for single-     Replaces CEER equation  Improve
 speed portable ACs.             with AEER equation to   representativen
                                 calculate efficiency    ess of the test
                                 for single-speed and    procedure.
                                 variable-speed
                                 portable ACs.
Does not include a CF.........  Adds CFs of 0.82 for    Improve
                                 single-duct units and   representativen
                                 0.77 for dual-duct      ess of the test
                                 units to determine      procedure.
                                 theoretical single-
                                 speed portable AC
                                 cooling capacities.
------------------------------------------------------------------------

    DOE has determined that the amendments adopted in this final rule 
for appendix CC will not require DOE to amend the energy conservation 
standards for portable ACs because the amendments will not impact the 
measured efficiency of covered products that minimally comply (i.e., 
those with single-speed compressors) with the standards for portable 
ACs at 10 CFR 430.32(cc). See 42 U.S.C. 6293(e). The currently 
applicable appendix CC does not have separate provisions for variable-
speed portable ACs. DOE is adopting a test method for such units that 
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 concluded 
that this proposal will not require an adjustment to the energy 
conservation standard for portable ACs to ensure that minimally 
compliant portable ACs will remain compliant. DOE reached this 
conclusion because variable-speed portable ACs currently on the market 
are not representative of minimally compliant units.
    In addition, the amendments specified in the newly established 
appendix CC1 would alter the measured efficiency of portable ACs, as 
discussed further in each relevant section of this final rule. However, 
testing in accordance with the new appendix CC1 will not be required 
until such time as compliance is required with any amended energy 
conservation standards based on the new appendix CC1. Discussion of 
DOE's actions are addressed in detail in section III of this document.
    The effective date for the amended test procedures adopted in this 
final rule is 30 days after publication of this document in the Federal 
Register. Representations of energy use or energy efficiency must be 
based on testing in accordance with the amended test procedure in 
appendix CC beginning 180 days after the publication of this final 
rule.

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

[[Page 31107]]

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.
    Appendix CC specifies provisions for testing portable ACs with 
either single-duct \6\ or dual-duct \7\ configurations. In the June 
2022 NOPR, DOE summarized comments previously received in response to 
the April 2021 RFI regarding ``spot coolers,'' which are not currently 
covered by the portable AC test procedure. Although DOE does not 
currently define the term ``spot cooler,'' the June 2022 NOPR discussed 
this term as applying to portable AC configurations that do not provide 
net cooling to a space, but rather move heat from one area to another 
in a space (i.e., they reject the heated condenser air to the cooled 
space). Based on their physical and operating characteristics, spot 
coolers do not meet either of the definitions for a single-duct or 
dual-duct portable AC. DOE further noted in the June 2022 NOPR that it 
was not aware of any spot coolers on the market with an adjustable 
window mounting bracket for the condenser inlet and exhaust ducts, 
which is required for the portable AC configurations addressed by the 
current portable AC test procedure. DOE did not propose any amendments 
to the scope or definitions related to spot coolers. 87 FR 34934, 
34940.
---------------------------------------------------------------------------

    \6\ DOE defines a ``single-duct portable air conditioner'' as 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.
    \7\ DOE defines 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. 10 CFR 430.2.
---------------------------------------------------------------------------

    In response to the June 2022 NOPR, NEEA and NWPCC requested that 
DOE continue to monitor spot coolers for potential consideration in 
future rulemakings. (NEEA and NWPCC, No. 22 at p. 3)
    For the reasons discussed in the June 2022 NOPR, in this final rule 
DOE is not adopting any amendments to the scope or definitions related 
to spot cooler configurations of portable ACs. In summary, DOE is not 
changing the scope of products covered by its portable AC test 
procedure in this final rule.

B. Test Procedure

1. Overview
    Portable ACs are tested in accordance with the currently applicable 
appendix CC, which incorporates by reference ANSI/AHAM PAC-1-2015 
``Portable Air Conditioners'' (``ANSI/AHAM PAC-1-2015''), ASHRAE 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 
currently applicable 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 currently applicable test procedure, a unit's SACC, in 
Btu/h, is calculated as a weighted average of the adjusted cooling 
capacity (``ACC'') measured at two representative operating conditions. 
The ACC 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/Wh, based on the ACC at 
the two operating conditions; the annual energy consumption (``AEC'') 
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.)
2. Definitions
    As discussed previously in this document, the Midea Interim Waiver 
provided specifications to accommodate the ``combined-duct'' 
configuration of the specified Midea basic models. 86 FR 17803. The 
term ``combined-duct'' refers to a configuration in which both the 
condenser inlet and outlet air streams are incorporated into the same 
structure.
    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 proposed in the June 2022 NOPR 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.'' 87 FR 34934, 34939-
34940. DOE did not receive comments on this proposed definition. For 
reasons described in the Midea Interim Waiver and the June 2022 NOPR, 
DOE is adopting this proposed definition in this final rule with a 
minor modification. The adopted definition will be ``combined-duct 
portable air conditioner'' and will be substantively the same as the 
proposed definition.
3. Updates to Industry Standards
a. AHAM PAC-1
    DOE participated in AHAM's revision of its portable AC test 
procedure, recently published in December 2022, entitled AHAM PAC-1-
2022, ``Energy Measurement Test Procedure for Portable Air 
Conditioners'' (hereinafter, ``AHAM PAC-1-2022''). As noted above, the 
previous version of AHAM PAC-1, ANSI/AHAM PAC-1-2015, is referenced by 
the currently applicable version of appendix CC. While the revision was 
under development, AHAM released a draft version of AHAM PAC-1-2022 in 
January 2022 (``AHAM PAC-1-2022 Draft''), the provisions of which DOE 
reviewed and considered for adoption in the amended appendix CC and the 
newly established appendix CC1, as discussed in the June 2022 NOPR. 87 
FR 34934, 34941. In the June 2022 NOPR, DOE also stated that if AHAM 
publishes a final version of PAC-1-2022 Draft prior to DOE publishing a 
test procedure 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. Id. In this final rule, DOE evaluated the 
issued version of the standard, AHAM PAC-1-2022, for incorporation by 
reference in the portable AC test procedure.
    In the June 2022 NOPR, DOE proposed to maintain references to AHAM 
PAC-1-2015 in appendix CC, with adjustments made to the test procedure 
to account for variable-speed operation in keeping with the LG Waiver 
and Midea Interim Waiver. DOE proposed this approach because adopting a 
test procedure consistent with AHAM PAC-1-2022 would result in an 
efficiency metric not comparable

[[Page 31108]]

with existing portable AC standards established in the energy 
conservation standards final rule published by DOE on January 10, 2020 
(85 FR 1378; ``January 2020 Final Rule''). 87 FR 34934, 34941. DOE also 
proposed to add a new capacity metric to appendix CC for variable-speed 
models, SACCFull, that is comparable to the SACC for single-
speed models. Id.
    In the June 2022 NOPR, DOE proposed to adopt AHAM PAC-1-2022 in a 
new appendix CC1, with amendments intended to improve test procedure 
representativeness, noting that as 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. Id. DOE also proposed to incorporate by reference 
the AHAM PAC-1-2022 standard in 10 CFR 429.4. 87 FR 34934, 34941.
    In response to the June 2022 NOR, AHAM urged DOE to incorporate by 
reference the final version of AHAM PAC-1-2022 in DOE's final rule by 
adopting AHAM PAC-1-2022 in full as the Federal test procedure. AHAM 
stated that AHAM PAC-1-2022 meets EPCA requirements and addresses some 
of DOE's proposed amendments to the test procedure. (AHAM, No. 18 at p. 
2)
    DOE has reviewed the final version of AHAM PAC-1-2022 and compared 
it to the draft version considered for the June 2022 NOPR. The draft 
and final versions of the standard are largely the same, with one 
notable change in the approach to calculate CEER that is mostly 
consistent with DOE's approach to determine AEER, discussed further in 
section III.B.7.g of this document. DOE is incorporating by reference 
the final version of AHAM PAC-1-2022 in newly established appendix CC1, 
with some additional amendments, generally consistent with the 
amendments proposed in the June 2022 NOPR, as discussed further in 
section III.B.7 of this document. DOE expects these additional 
amendments to improve test procedure representativeness.
b. Additional Industry Standards Referenced
    Both ANSI/AHAM PAC-1-2015 and AHAM PAC-1-2022 reference ASHRAE 37-
2009, which references certain industry test standards in specifying 
test conditions, measurements, and setup. In the June 2022 NOPR, DOE 
proposed to incorporate those industry standards specified in the 
relevant sections of ASHRAE 37-2009. Specifically, DOE proposed to 
incorporate by reference ANSI/AMCA 210, as referenced in section 6.2, 
``Nozzle Airflow Measuring Apparatus,'' of ANSI/AHAM PAC-1-2015 and 
AHAM PAC-1-2022, for static pressure tap placement. DOE also proposed 
to incorporate by reference ASHRAE 41.1-1986 and ASHRAE 41.6-1994, as 
referenced in section 5.1, ``Temperature Measuring Instruments,'' of 
AHAM PAC-1-2022, for measuring dry-bulb temperature and humidity, 
respectively. 87 FR 34934, 34941.
    DOE received no comments regarding the proposal to reference 
additional standards. For the reasons described in the June 2022 NOPR, 
is incorporating by reference these additional industry standards in 
the amended appendix CC and newly established appendix CC1.
4. Harmonization With Other AC Product Test Procedures
    In the June 2022 NOPR, DOE proposed amendments 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 response to the June 2022 NOPR, NEEA and NWPCC recommended that 
DOE align the test procedures for portable ACs and room ACs, stating 
that these products are potential substitutes for one another and may 
be evaluated side-by-side by consumers. NEEA and NWPCC expressed 
concern that under the current test procedures for each product, 
portable ACs may appear to be more efficient than room ACs, whereas the 
opposite is generally the case. (NEEA and NWPCC, No. 22 at pp. 3-4)
    DOE recognizes that consumers may consider portable ACs and room 
ACs for the same applications, and that it could be helpful to 
consumers for the portable AC and room AC ratings to be comparable. 
However, as discussed in a portable AC test procedure 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. Data provided to DOE by the California 
IOUs in response to the June 2022 NOPR show that 47 percent of room AC 
owners surveyed typically use their room AC as a source of primary air 
conditioning compared to only 22 percent of portable AC owners 
surveyed. (CA IOUs, No. 20 at supp. p. 2) This suggests that, unlike 
room ACs that are typically used for primary cooling, the large 
majority of portable ACs are used for secondary or supplemental cooling 
(i.e., not for primary cooling). 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 each distinct tested product during its representative 
period of use. 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.
5. Variable-Speed Technology
    Since the previous portable AC test procedure rulemaking, portable 
ACs with variable-speed compressors have been introduced to the market. 
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 under the same 
conditions.
    The current portable AC test procedure does not account for 
improved efficiency of variable-speed portable ACs that automatically 
adjust their compressor operating speed and overall performance based 
on the cooling load of the conditioned space. Under the currently 
applicable appendix CC, the cooling capacity (as expressed by the SACC 
metric) does not reflect the reduced cooling provided at the lower 
outdoor test temperature (83 [deg]F) in normal operation, because the 
test procedure does not allow single-speed units to cycle or variable-
speed units to reduce their speed, as they would in normal operation. 
Similarly, the measured efficiency (as expressed by the current CEER 
metric) does not reflect the efficiency benefits associated with a 
variable-speed portable AC relative to a single-speed portable AC when 
operating at low outdoor temperature conditions.
    In this final rule, DOE is amending appendix CC to adopt test 
provisions to provide more representative measures of SACC and CEER for 
variable-speed portable ACs. The amendments require testing variable-
speed portable ACs at the low temperature (i.e., 83 [deg]F) test 
condition, in addition to the two test conditions currently specified 
for testing single-speed units. Incorporating the performance at this 
new test condition produces more representative values of SACC and CEER 
for variable-speed units in comparison to single-speed units. For 
variable-speed units, DOE is also introducing a new SACC metric that 
reflects operation at full speed (referred to as SACCFull) 
to allow

[[Page 31109]]

for comparisons of SACC between single-speed and variable-speed units 
on a like-to-like basis and to ensure that measured CEER values for 
variable-speed portable ACs are compatible with the energy conservation 
standards currently specified at 10 CFR 430.32(cc) for products 
manufactured on or after January 10, 2025.
    For newly established appendix CC1, this final rule includes the 
same new low temperature test condition for variable-speed units. 
Additionally, appendix CC1 defines a new SACC metric, applicable to 
both single-speed and variable-speed units, that accounts for the 
reduced cooling capacity provided by both types of units at the low 
temperature test condition. Appendix CC1 defines a new efficiency 
metric (i.e., AEER) that, in addition to accounting for the reduced 
operation of variable-speed units at the low temperature test 
condition, better accounts for the cyclic behavior of single-speed 
units at low temperature conditions.
    The specific amendments related to each of these issues are 
discussed in detail in section III.B.7 of this document, including 
summaries of comments received in response to the specific amendments 
proposed in the June 2022 NOPR.
    As discussed, DOE has issued the LG Waiver and Midea Interim 
Waiver, both of which specify alternate test procedures for certain 
basic models of variable-speed portable ACs. 85 FR 33643; 86 FR 17803. 
This final rule adopts provisions that address the issues presented in 
both the LG Waiver and Midea Interim Waiver. Upon the compliance date 
of the test procedure revisions to appendix CC, the LG Waiver and Midea 
Interim Waiver will automatically terminate. 10 CFR 430.27(h)(3).
6. 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 for the entire year. In the June 
2022 NOPR, DOE considered whether operation in other modes--namely, 
heating mode, air circulation mode, and dehumidification mode--should 
be included in the portable AC test procedure. DOE tentatively 
determined not to address these modes and sought comment on this 
tentative determination. 87 FR 34934, 34953-34954. Comments received on 
heating mode, air circulation mode, and dehumidification mode are 
discussed in sections III.B.8, III.B.9, and III.B.10 of this document, 
respectively.
b. Hours of Operation
    To determine the energy use during a representative period of use, 
the currently applicable 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 mode or off mode. (See 
section 5.3 of appendix CC.) These operating hours were established in 
the June 2016 Final Rule. In that rule, DOE derived these values from 
the existing operating hours for room ACs, noting that little usage 
data for portable ACs existed at that time. DOE adjusted the room AC 
usage data to reflect portable AC 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.\8\ 81 FR 
35241, 35258-35259.
---------------------------------------------------------------------------

    \8\ Further information regarding the development of the 
operating hours is provided in the February 25, 2015 NOPR and 
November 27, 2015 supplemental NOPR for the previous portable AC 
test procedure rulemaking, available at www.regulations.gov/document/EERE-2014-BT-TP-0014-0009 and www.regulations.gov/document/EERE-2014-BT-TP-0014-0021, respectively.
---------------------------------------------------------------------------

    As discussed in the June 2022 NOPR, DOE maintains that the analysis 
used to develop appendix CC was based on the best available data for 
portable AC operation at the time, although it did not take into 
account cyclic behavior. To maintain compatibility with existing energy 
conservation standards for portable ACs, DOE did not propose any 
changes to the operating hours in the amended appendix CC in the June 
2022 NOPR, but proposed other appendix CC modifications to account for 
variable-speed portable AC efficiency benefits relative to single-speed 
portable ACs, specifically associated with the avoidance of cycling 
losses, as discussed in section III.B.7.f of this document.
    In appendix CC1, to increase overall test procedure 
representativeness by accounting for cyclic behavior in single-speed 
portable ACs, or the avoidance of cycling for variable-speed units, DOE 
proposed in the June 2022 NOPR to reassess the off mode and inactive 
mode hours for certain product configurations to reflect hours 
previously considered as part of off-cycle mode. The operating hours 
defined in appendix CC distinguish between off-cycle mode and cooling 
mode. By definition, when portable ACs are in cooling mode, the 
compressor is on, meaning that DOE expects 750 hours of compressor 
operation per year for single-speed portable ACs. Using the AHRI 210/
240 fractional bin approach discussed in the June 2022 NOPR, DOE 
determined that single-speed portable ACs operate their compressors for 
164 hours per year at the 95 [deg]F test condition and for 586 hours 
per year at the 83 [deg]F test condition. 87 FR 34934, 34945. As 
discussed in the June 2022 NOPR--based on the AHRI 210/240 Building 
Load Calculation found in section 11.2.1.2 of that standard--DOE 
expects that single-speed portable ACs operate at a reduced load at the 
83 [deg]F test condition, equal to 60 percent of the full cooling load. 
Therefore, at the reduced load represented by the 83 [deg]F test 
condition, DOE estimates a single-speed portable AC would 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. 
Accordingly, based on DOE's estimate of 586 annual cooling-mode hours 
assigned to the 83 [deg]F cooling-mode test condition, which represent 
60 percent of the total operating hours at reduced load conditions, DOE 
estimated 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 for a single-speed unit) and therefore estimated there are a 
total of 391 annual off-cycle mode hours. Because at low loads 
variable-speed units operate continuously at a lower compressor speed 
during periods of time when single-speed units are in off-cycle mode, 
DOE proposed to set the variable-speed portable AC operating hours at 
the low test condition equal to the single-speed portable AC operating 
hours in cooling mode at the low test condition and off-cycle mode. 87 
FR 34934, 34944-34946.
    Table III.1 summarizes the June 2022 NOPR proposals for the annual 
operating hours for portable ACs in appendix CC and the newly proposed 
appendix CC1.

[[Page 31110]]



Table III.1--Annual Operating Hours for Portable ACs as Proposed in June
                                2022 NOPR
------------------------------------------------------------------------
         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. 750
  represents the total cooling mode operating hours.

    NYSERDA and the Joint Commenters supported DOE's proposed modified 
operating hours in appendix CC1. NYSERDA asserted that they better 
reflect reduced capacity at lower outdoor temperatures and account for 
the relationship between cyclic behavior and off-cycle mode of single-
speed portable ACs. The Joint Commenters believe that DOE's approach 
will better represent the operation of single-speed and variable-speed 
portable ACs. (NYSERDA, No. 17 at p. 2; Joint Commenters, No. 19 at p. 
1)
    Rice supported deriving the number of operating hours at 95 [deg]F 
for both single-speed and variable-speed units from the fractional 
hours of occurrence from 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''). Rice commented that the variable-speed operating 
hours should be identical to that proposed for single-speed units (586 
hours), assuming that the 83 [deg]F delivered capacity for variable-
speed units at reduced speed is given as the capacity matching the 
required house load at 83 [deg]F per AHRI 210/240 at 100-percent 
sizing. Rice also stated that using the fractional off times (0.4 for 
single-duct units and 0.4637 for dual-duct units) multiplied by the 
effective single-speed hours at net cyclic capacity would result in 234 
and 271 off-cycle mode hours for single-duct and dual-duct single-speed 
units, respectively. The off-cycle mode hours would be 0 for the 
variable-speed units. (Rice, No. 21 at p. 1)
    Regarding the proposal from Rice to allocate a total of 586 hours 
to cooling mode and off-cycle mode for both single-speed and variable-
speed portable ACs at the 83 [deg]F test condition, as discussed 
previously, DOE has previously determined and maintains that the 
representative number of cooling mode operating hours for single-speed 
portable ACs (i.e., compressor on hours) is 750 hours for the entirety 
of the cooling season, with 586 of those hours at the 83 [deg]F test 
condition. According to the Rice proposal, only 352 or 315 cooling mode 
hours at the 83 [deg]F test condition would be considered, for single-
duct or dual-duct portable ACs, respectively, which would 
underrepresent the total number of hours typically spent with the 
compressor operating in cooling mode. The DOE approach, as described 
previously, considers the same total number of operating hours for 
single-speed and variable-speed units in cooling mode and off-cycle 
mode, thereby maintaining consistency with prior analyses and providing 
a consistent basis of comparison among different portable AC 
configurations. This approach aligns with the main objective of the 
approach suggested by Rice while ensuring the representativeness of 
test results.
    For these reasons, in this final rule DOE is adopting the operating 
hours proposed in the June 2022 NOPR for appendix CC1, as shown in 
Table III.1. As discussed previously, DOE did not propose any 
amendments to the operating hours in appendix CC and is not adopting 
any amendments to those operating hours in this final rule.
7. 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 that are 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. 
(See section 3.1.1 of appendix CC.)
    In the June 2022 NOPR, DOE did not propose any amendments to the 
configurations addressed by the test procedure in appendix CC and 
proposed to adopt the same requirements in the new appendix CC1. 87 FR 
34934, 34946.
    The Joint Commenters stated that it is important to continue to 
require testing and rating for units with both single-duct and dual-
duct configurations in order to provide consumers with relevant 
information and to ensure that these units meet minimum standards with 
either configuration. The Joint Commenters supported DOE's proposal to 
maintain the requirement that if a portable AC can operate in both 
single-duct and dual-duct configurations, the model should be tested 
and rated for both configurations. (Joint Commenters, No. 19 at p. 2)
    NEEA and NWPCC supported maintaining requirements for separately 
testing both portable AC ducting configurations given the difference in 
performance between products with these configurations. (NEEA and 
NWPCC, No. 22 at p. 3)
    For the reasons discussed in the previous paragraphs and in the 
June 2022 NOPR, DOE is maintaining in appendix CC and adopting in 
appendix CC1 the distinction between single-duct and dual-duct 
configurations and continues to require that a unit 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.
a. Combined-Duct Units
    As discussed previously in section III.B.2 of this document, the 
Midea Interim Waiver provided specifications to accommodate the 
``combined-duct'' configuration of the specified Midea basic models and 
DOE is adopting a new definition for ``combined-duct'' in this final 
rule.
    In the June 2022 NOPR, DOE proposed to include provisions in both 
appendix CC and appendix CC1 to test combined-duct portable ACs using 
an adapter to interface with the combined duct to allow for individual 
connections of the condenser inlet and outlet airflows to the test 
facility's measuring apparatuses. DOE further proposed specific 
instructions requiring 16 thermocouples and their placement radially 
and along the length of the duct to measure temperature variations on 
the surface of the combined duct. These combined-duct portable AC test 
provisions proposed in the June 2022 NOPR were consistent with the test

[[Page 31111]]

procedure approved by DOE in the Midea Interim Waiver. 87 FR 34934, 
34942.
    DOE received no comments regarding the combined-duct portable AC 
test provisions. In this final rule, for the reasons discussed in the 
June 2022 NOPR and Midea Interim Waiver, DOE is adopting the test 
provisions discussed above for combined-duct portable ACs in appendix 
CC and appendix CC1.
    In the June 2022 NOPR, DOE did not propose any amendments to the 
duct test setup for single-duct or dual-duct portable ACs that do not 
contain a combined duct. Appendix CC requires that four thermocouples 
be placed on the outside of the duct, or ducts, to measure external 
temperature. AHAM PAC-1-2022 has adopted the same combined-duct 
approach for all duct configurations in terms of thermocouple 
placement, requiring that the duct test setup for all portable ACs 
employ 16 thermocouples per duct. DOE has reviewed this approach in 
AHAM PAC-1-2022 and concludes that the increased number of 
thermocouples for single-duct and dual-duct portable ACs that do not 
contain a combined duct is unnecessary and increases test burden, given 
that temperature is unlikely to vary radially for any given single 
duct. The AHAM PAC-1-2022 approach would require the lab to maintain, 
mount, and monitor many times more thermocouples than are necessary for 
this testing, and because increasing the number of thermocouples would 
not improve the accuracy of the test procedure for non-combined-duct 
units, this increase in test burden is not justified. Therefore, DOE 
maintains the previous approach in appendix CC and appendix CC1 to 
require that only four thermocouples be adhered to each duct for 
single-duct and dual-duct portable ACs, except combined-duct portable 
ACs, as discussed previously.
8. Cooling Mode
a. Single-Speed 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, condition A specifies a 95 [deg]F dry-bulb/75 [deg]F wet-
bulb outdoor test condition and condition B specifies an 83 [deg]F dry-
bulb/67.5 [deg]F wet-bulb outdoor test condition. See section 4.1 of 
appendix CC for the current test requirements and Table 1 in section 
4.1 of appendix CC for the list of test conditions.
    In the June 2022 NOPR, DOE proposed to maintain the existing test 
conditions for single-speed portable ACs in appendix CC. In the June 
2022 NOPR, DOE also proposed the same single-speed portable AC test 
conditions in appendix CC1. 87 FR 34934, 34946-34947.
    In response to the June 2022 NOPR, Rice recommended that DOE 
consider using a 92.5 [deg]F interpolated value in place of the 
measured 95 [deg]F values, stating that 92.5 [deg]F is the true 
midpoint of the 85 [deg]F to 100 [deg]F temperature range used in AHRI 
210/240. (Rice, Public Meeting Transcript, No. 16 at p. 29)
    In past rulemakings, DOE has determined that a 95 [deg]F outdoor 
test condition is representative of conditions when cooling is most 
needed, an important part of the average use cycle of portable ACs. 81 
FR 35241, 35249. Furthermore, DOE notes that the 95 [deg]F test 
condition is widely adopted in the portable AC industry, as 
demonstrated by its use in AHAM PAC-1-2015 and AHAM PAC-1-2022. While 
92.5 [deg]F is the midpoint of the temperature range in AHRI 210/240, 
EPCA requires that the DOE test procedure produce results that reflect 
a representative average use cycle or period of use. (42 U.S.C. 
6293(b)(3)) For the purposes of appendix CC, DOE utilized the building 
loads specified by AHRI 210/240 to determine that a 95 [deg]F outdoor 
test condition produces the most representative results. On this basis, 
DOE continues to conclude that the 95 [deg]F outdoor test condition is 
most representative of portable AC full-load performance and continues 
to define a 95 [deg]F outdoor test condition in both appendix CC and 
appendix CC1.
    In response to the June 2022 NOPR, AHAM expressed support for DOE's 
proposal to include in appendix CC one test condition for single-duct 
portable ACs and two test conditions for dual-duct portable ACs as 
these test conditions are identical to those found in the AHAM PAC-1-
2022 Draft. AHAM also supported DOE's proposal to adopt in appendix CC 
two test configurations for single-duct variable-speed portable ACs and 
three test configurations for dual-duct variable-speed portable ACs as 
those test conditions were identical to those found in the AHAM PAC-1-
2022 Draft. According to AHAM, this proposal supports its request to 
incorporate the final version of AHAM PAC-1-2022 in a final rule as the 
Federal test procedure. (AHAM, No. 18 at pp. 2-3)
    For the reasons previously discussed, DOE is maintaining the 
existing test conditions for single-speed portable ACs in appendix CC 
and appendix CC1 in this final rule.
b. Variable-Speed Compressor Speed Test Conditions and Configurations
    The alternate test methods specified in the LG Waiver and Midea 
Interim Waiver maintained the test conditions from appendix CC with 
respect to dry-bulb and wet-bulb temperature. However, the alternate 
test methods added compressor speed specifications to the test 
conditions for variable-speed units (e.g., a full speed and a reduced 
speed for single-duct units at condition C, and a full speed at the 
higher temperature test condition, condition A), and two other tests 
(e.g., one at full speed and the other at reduced speed at the lower 
temperature test condition, condition B). In the June 2022 NOPR, DOE 
proposed to amend appendix CC to adopt the approach used in the LG 
Waiver and Midea Interim Waiver to address variable-speed portable ACs. 
87 FR 34934, 34942-34944.
    In the June 2022 NOPR, DOE also proposed to adopt in the new 
appendix CC1 the same compressor configurations as in the LG Waiver and 
Midea Interim Waiver, except requiring only the low compressor speed 
configuration at the 83 [deg]F test condition for variable-speed units. 
As proposed, this approach would be consistent with two of the three 
test conditions found in the AHAM PAC-1-2022 Draft. The AHAM PAC-1-2022 
Draft included both a full-speed and a reduced-speed compressor 
configuration at the 83 [deg]F test condition for variable-speed units. 
As discussed in the June 2022 NOPR, 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. Thus, DOE considers the most representative 
mode of operation for variable-speed portable ACs to involve reduced 
compressor speed when operating at the 83 [deg]F (and therefore lower 
cooling load) test condition. 87 FR 34934, 34944.
    AHAM cited its AHAM Home Comfort Study, which found that the two 
most-common reasons for choosing a portable AC are the ability to move 
the unit from room to room (34 percent of consumers), and the ability 
to store the unit elsewhere in cooler weather (36 percent of 
consumers). AHAM stated that portable ACs may run at higher speeds when 
moved due to experiencing a ``hard start'' in an unconditioned, newly 
occupied space, and, that it is unlikely that low speed would be 
significantly utilized in these scenarios. AHAM stated that units may

[[Page 31112]]

run at higher speeds even at lower outdoor temperatures as the 
conditioned space gets closer to the set point. AHAM also noted that 
the 2020 RECS showed that the control setting most used by consumers of 
individual AC units is to turn the equipment on or off as needed. AHAM 
urged DOE to consider full speed operation at 83 [deg]F to maintain 
consistency with the AHAM PAC-1-2022 Draft and asserted that this would 
improve the representativeness of the test procedure. AHAM also 
presented data from connected portable ACs to support the use of high-
speed performance to represent operation at the 83 [deg]F test 
condition. The data presented by AHAM show the average amount of 
running time required to reach the portable AC setpoints in the morning 
and in the evening for nine portable ACs. AHAM also included the 
average number times the portable ACs cycled per day. (AHAM, No. 18 at 
p. 8-9)
    DOE appreciates the consumer usage data supplied by AHAM in its 
response to the June 2022 NOPR. While DOE agrees that portable ACs may 
run at full compressor speed after being plugged in following a move 
from one room to another, DOE expects that it is unlikely that 
consumers move portable ACs from room to room as part of the average 
daily operation of their portable AC, given the amount of effort 
involved in uninstalling and reinstalling the ducts and window mounting 
bracket, and the likelihood that cooling is generally needed in the 
same room every day. Upon review of the supplied connected portable AC 
data, while they show that portable ACs on average take longer to reach 
their set point in the morning than in the evening and that portable 
ACs cycle on average more than once per day, the data do not 
definitively show that full-load operation should be represented as 
part of the average period of use for an outdoor temperature of 83 
[deg]F. In order to determine that portable ACs spend a significant 
amount of time in full-load operation at the 83 [deg]F test condition, 
DOE would require information relating to: (1) the percentage of 
operating time spent or energy consumed by portable ACs under full load 
relative to under reduced load; and (2) the outdoor temperatures 
experienced during the data collection period. DOE would also need to 
determine that the data are representative of average portable AC 
operation. The data present no definitive information on operating 
time, energy use, or outdoor temperature and the set lacks key context 
to determine the representativeness of the sample, such as unit size, 
room size, and geographic location. Further, if DOE were able to 
determine that these data are representative and that full-load 
operation should be considered as representative of part of the average 
use cycle at lower temperatures, the data do not indicate how much 
weight to give to such operation in calculations. Without clear usage 
data showing otherwise, DOE continues to conclude, based on the AHRI 
210/240 building load calculation, that the most representative 
capacity measurement for the 83 [deg]F outdoor temperature condition 
captures reduced-speed operation for variable-speed units and cyclic 
behavior for single-speed units.
    While the 2020 RECS data cited by AHAM do suggest that 36 percent 
of portable AC users mainly operate their unit by turning it on and 
off, the data miss key context regarding how frequently users turn 
their equipment on and off and the test conditions at which they do so. 
Without this information, DOE cannot: (1) estimate the amount of time 
or energy spent in full load due to this operation; (2) determine how 
much of this operation should be attributed to the average period of 
use at the 83 [deg]F outdoor temperature condition; or (3) conclude 
from the RECS data that full-load operation is a representative part of 
the average period of use at the 83 [deg]F outdoor temperature 
condition. As the data provided by AHAM is inconclusive with regards to 
full-speed operation at the 83 [deg]F test condition, 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. Thus, and 
lacking conclusive user data that show otherwise, DOE continues to 
conclude that the most representative mode of operation for portable 
ACs at lower-temperature (and therefore lower cooling load) test 
conditions involves reduced compressor speed for variable-speed 
portable ACs and cyclic operation for single-speed portable ACs. For 
this reason, the DOE test procedure adopted in this final rule requires 
testing variable-speed portable ACs at a single representative reduced-
speed test condition and DOE is providing annual hours of operation at 
the 83 [deg]F test condition for cooling mode operation in the new 
appendix CC1.
c. Compressor Speed Control Methodology
    In the June 2022 NOPR, DOE proposed 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'' 
(i.e., with user controls) with the thermostat setpoint set at 75 
[deg]F, and achieve the low compressor speed using supplemental test 
instructions and settings provided by the manufacturer to DOE and 
laboratories. The approach proposed in the June 2022 NOPR is consistent 
with the alternate test procedure specified in the Midea Interim Waiver 
and with AHAM PAC-1-2022 but represents a change from the procedure 
specified in the LG Waiver, which specifies using supplemental test 
instructions and settings provided by the manufacturer to achieve full 
compressor speed, and would require re-testing of the models listed in 
that waiver. 87 FR 34934, 34947.
    The Joint Commenters supported DOE's proposal to require that 
variable speed units operate under their native controls, with the 
thermostat setpoint at 75 [deg]F, to achieve the full compressor speed 
operation. The Joint Commenters asserted that this would better reflect 
how a variable-speed unit would operate in the field compared to 
testing at fixed manufacturer settings. (Joint Commenters, No. 19 at 
pp. 1-2)
    For the reasons discussed in the preceding paragraphs and in the 
June 2022 NOPR, in revisions to appendix CC and the new appendix CC1, 
DOE is adopting the native control and manufacturer setting approach 
set forth in the Midea Interim Waiver and proposed in the June 2022 
NOPR, which are consistent with the compressor speed setting 
requirements contained in AHAM PAC-1-2022.
d. Seasonally Adjusted Cooling Capacity
    Under the current test procedure, a unit's SACC is calculated as 
the weighted average of two full-load tests at the 95 [deg]F and 83 
[deg]F test conditions. (See section 5.2 of appendix CC.) The LG Waiver 
and Midea Interim Waiver changed the operating condition for variable-
speed portable ACs at the 83 [deg]F outdoor temperature test condition 
to use a reduced-speed test. As discussed in the June 2022 NOPR, 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. Thus, DOE 
considers the most representative mode of operation for portable ACs at 
the 83 [deg]F (and therefore lower cooling load) test condition to 
involve reduced compressor speed for variable-speed portable ACs. 87 FR 
34934, 34944.

[[Page 31113]]

    Because reduced-compressor speed operation is most representative 
of performance at 83 [deg]F, DOE proposed in the June 2022 NOPR to 
adopt for appendix CC the Midea Interim Waiver approach of determining 
SACC for variable-speed portable ACs using the low compressor speed to 
represent part-load operation at the 83 [deg]F outdoor temperature test 
condition. DOE additionally proposed to add a new capacity metric for 
variable-speed portable ACs in appendix CC, SACCFull, which 
calculates capacity using full compressor speed performance at the 
lower test condition to facilitate consumer comparisons between single-
speed and variable-speed portable ACs. For appendix CC1, DOE proposed 
to account for single-speed cyclic behavior and variable-speed low 
compressor speed operation expected at lower loads by modifying the 
SACC calculation to reflect reduced capacity when operating at the low 
(83 [deg]F) test condition. 87 FR 34934, 34948.
    NYSERDA supported DOE's proposed modified SACC in appendix CC1, 
asserting that they better reflect reduced capacity at lower outdoor 
temperatures and account for the relationship between cyclic behavior 
and off-cycle mode of single-speed portable ACs. (NYSERDA, No. 17 at p. 
2)
    In response to the June 2022 NOPR, AHAM requested that DOE clarify 
how the proposed appendix CC1 capacity factors were calculated along 
with the base data used in these calculations. (AHAM, Public Meeting 
Transcript, No. 16 at p. 24)
    The California IOUs also urged DOE to provide more details on how 
the load factors for single-duct and dual-duct units were derived using 
AHRI Standard 210/240. (California IOUs, No. 20 at p. 2)
    As discussed in the June 2022 NOPR, DOE calculated the load factors 
based on the building load calculation in section 11.2.1.2 of AHRI 210/
240 to estimate the typical cooling load when the outdoor temperature 
is 83 [deg]F, assuming that full-load conditions are at a temperature 
of 95 [deg]F. For single-duct units, this load factor is calculated to 
be 0.6. While all portable AC configurations experience the same indoor 
cooling load at each of the test conditions, dual-duct portable AC 
performance is impacted by the changes in the outdoor air temperature 
(i.e., cooling capacity increases relative to the 95 [deg]F outdoor 
condition as outdoor process air temperature decreases due to the 
cooler outdoor air being more effective at removing heat from the 
condenser). Single-duct portable ACs do not experience this effect 
because the air entering the condenser is always the same indoor air 
temperature of 80 [deg]F, regardless of the outdoor air temperature. 
This cooling capacity increase results in a full-load cooling capacity 
for dual-duct portable ACs at 83 [deg]F that is higher than the full-
load cooling capacity at 95 [deg]F, which is the basis of the AHRI 210/
240 building load calculation used to calculate load factors. 
Therefore, DOE used a capacity adjustment factor developed during the 
room AC rulemaking using thermodynamic modeling \9\ to estimate the 
cooling capacity increase for dual-duct portable ACs when operating at 
the 83 [deg]F test condition relative to the 95 [deg]F test condition, 
and thereby adjusted the single-duct cooling load factor of 60 percent 
as listed in AHRI 210/240 to a cooling load factor of 53.63 percent of 
full load operation for dual-duct portable ACs when operating at the 83 
[deg]F outdoor temperature. 87 FR 34934, 34948.
---------------------------------------------------------------------------

    \9\ For more information on this capacity adjustment for room 
ACs, see the test procedure final rule published on March 29, 2021. 
86 FR 16446, 16458.
---------------------------------------------------------------------------

    Rice noted that had the single speed ACC83 values been 
defined as the compressor-on capacities at 83 [deg]F, their run time 
hours would be less and different for the single-duct and dual-duct 
cases. (Rice, No. 21 at p. 1)
    The ACC at the 83 [deg]F test condition in appendix CC1 represents 
the total cooling provided per hour at a given test condition, and 
accounts for cyclic behavior in single-speed units by using a 
fractional load factor rather than by adjusting the operating hours 
spent in cooling mode. While it would be possible to adjust the 
operating hours to account for the cyclic behavior, the test procedure 
accomplishes the same goal while maintaining the representative 
operating hours discussed above by multiplying the capacity measured 
for single-speed units at the 83 [deg]F test condition by the load 
factor (different for single-duct and dual-duct units) to adjust for 
the percent of time spent in off-cycle mode with the compressor off 
when the unit is not providing any cooling.
    AHAM opposed DOE's proposed calculation of SACC including low 
compressor speed as, according to AHAM, the proposed SACC calculation 
is not representative of the normal operation of a variable-speed 
portable AC and would increase consumer confusion. AHAM stated that 
although seasonal weighting for different temperature conditions is 
appropriate, the full capability of portable ACs at each temperature 
condition should be the reported capacity, as is the case for central 
and room ACs. AHAM stated that variable-speed portable ACs are likely 
to spend a significant portion of time at high compressor speed, even 
at a lower temperature condition; therefore, DOE should require only 
one SACC calculation, equivalent to SACCFull. AHAM stated 
that SACCFull should suffice as a basis of comparison 
between single- and variable-speed units and suggested using AHAM PAC-
1-2022 Draft, which calculates SACC using only full compressor speed. 
AHAM added that changing the capacity metric for portable ACs to 
further lower reported portable AC efficiency is unwarranted as AHAM 
PAC-1-2022 Draft accounts for efficiency losses particular to portable 
ACs. (AHAM, No. 18 at pp. 3-4, 6)
    EPCA requires that DOE's test procedures be reasonably designed to 
produce test results that measure energy efficiency and estimated 
annual operating cost during a representative average use cycle or 
period of use. (42 U.S.C. 6293(b)(3)) As the SACC metric is determined 
using the DOE test and also used to estimate annual operating cost, 
EPCA requires that the SACC metric be representative of an average use 
cycle. As discussed previously, DOE considers the most representative 
mode of operation for portable ACs at the 83 [deg]F (and therefore 
lower cooling load) test conditions to involve reduced compressor speed 
for variable-speed portable ACs. Because reduced-compressor speed 
operation is most representative of performance at 83 [deg]F, in 
appendix CC, variable-speed SACC is calculated using the capacity 
measured from the reduced compressor speed configuration in accordance 
with the LG Waiver and Midea Interim Waiver approach. The 
SACCFull metric is employed and represents full-speed 
capacity at both test conditions, as recommended by AHAM, to allow 
consumers to easily compare the capacities of variable-speed and 
single-speed portable ACs and to maintain compatibility with the 
existing portable AC standards, which are calculated based on single-
speed SACC. The approach in appendix CC maintains a representative 
capacity metric for variable-speed portable ACs (SACC), while 
addressing comparability with the new capacity metric 
(SACCFull).
    AHAM opposed DOE's proposal in appendix CC1 to include de-rating 
factors for single-duct units to account for cyclic behavior from part-
load operation at the low (83 [deg]F) test condition for comparison 
between single-speed and variable-speed models. AHAM stated that home 
appliance

[[Page 31114]]

manufacturers believe capacity entails the unit's ability to cool down 
a room (i.e., what the unit is capable of providing) and compared this 
rationale with other home appliances to support the same approach for 
portable AC capacity reporting. According to AHAM, capacity 
representations should be based on what the unit is capable of. AHAM 
added that the AHRI standard only measures capacity using full speed 
and therefore is not used in the correct context under DOE's proposed 
de-rating value for single-duct portable ACs, which is based on the 
standard. AHAM requested that de-rating factors should be the same for 
single-duct and dual-duct units as single-duct units will experience a 
decreased load at the low ambient temperature as well due to the lower 
temperature of infiltration air. According to AHAM, DOE's proposal 
inappropriately punishes dual-duct units when decreased operation could 
translate to increased overall efficiency. (AHAM, No. 18 at p. 4-6)
    As discussed previously and in the June 2022 NOPR, because DOE 
determined that the low compressor speed test configuration at the low 
temperature test condition is most representative of portable AC 
operation, the most representative SACC metric is based on this 
capacity. This determination is consistent with the requirement under 
EPCA that the portable AC capacity metric be representative of an 
average period of use. (42 U.S.C. 6293(b)(3)) DOE has adopted a 
relevant industry standard, AHRI 210/240, to account for single-speed 
cyclic behavior under this test condition, with modifications necessary 
to ensure compatibility with the EPCA requirements regarding 
measurements of a representative use cycle, as provided for in section 
8.c of appendix A to subpart C of to 10 CFR part 430.\10\ In both 
appendix CC (for variable-speed units only) and appendix CC1 (for all 
units), DOE modified the load factor of 0.6 derived from the building 
load calculation for use in the ACC83 calculation to account 
for the difference in full-load cooling capacity at the 95 [deg]F and 
83 [deg]F test conditions, as discussed in the June 2022 NOPR and in 
this final rule. 87 FR 34934, 34949. Single-duct units do not require 
this adjustment to the building load calculation because the air 
entering the condenser is always the same indoor air temperature of 80 
[deg]F and there is no difference in cooling capacity between test 
conditions.
---------------------------------------------------------------------------

    \10\ This appendix establishes procedures, interpretations, and 
policies to guide DOE in the consideration and promulgation of new 
or revised appliance energy conservation standards and test 
procedures under EPCA, and is commonly referred to as the ``Appendix 
A.''
---------------------------------------------------------------------------

    AHAM stated that because the SACC calculations proposed by DOE are 
different than the nominal ASHRAE capacity, users who are accustomed to 
making purchase decisions based on nominal capacity (full capacity, as 
measured in the test procedure) or who have little or no background on 
SACC could be confused as a result. Additionally, AHAM stated that 
manufacturers would face additional burden in educating consumers and 
retailers on SACC and the deviation from ASHRAE ratings. AHAM also 
stated that DOE's proposed SACC calculation will exacerbate the 
challenges manufacturers already have in providing accurate room sizes. 
AHAM added that DOE's proposed SACC calculation results in a lower 
number than the SACC calculation in AHAM PAC-1-2022 Draft which, if 
implemented, would likely cause consumers to purchase a unit that is 
too large for the space and will perform less efficiently and less 
effectively than a smaller, properly sized unit. According to AHAM, the 
sizing recommendations found on DOE's website and EPA's website are 
based on the full capacity that the unit is capable of delivering and 
do not account for different compressor speeds, which may lead to 
consumers purchasing oversized units. AHAM stated that the SACC 
calculation in AHAM PAC-1-2022 Draft properly marks portable ACs and 
better matches these sizing tables, allowing consumers to select units 
that operate efficiently according to space needs. (AHAM, No. 18 at pp. 
5-6)
    DOE understands that the use of reduced-load performance in 
calculating SACC may be confusing to consumers in the short term, given 
the wide range of guidance available that refers to SACC calculated 
using only full-load performance. The new metric, SACCFull, 
will be available for consumers to rely on until the new appendix CC1 
is effective and required for representations. In the interim, while 
appendix CC remains in effect, manufacturers must additionally 
represent variable-speed portable AC capacity using 
SACCFull, maintaining comparability with SACC as currently 
calculated using appendix CC. Manufacturers and retailers will have 
time to educate consumers on the changes to SACC resulting from the new 
test procedure during the period until appendix CC1 would become 
required for testing and rating.
    In this final rule, DOE is maintaining the current SACC calculation 
for single-speed units in the revised appendix CC. The SACC for 
variable-speed units in appendix CC shall be calculated using the low 
compressor speed at the 83 [deg]F test condition, consistent with the 
previously granted LG Waiver and Midea Interim Waiver. DOE is also 
amending appendix CC to include a new capacity metric for variable-
speed portable ACs, SACCFull, that uses the full compressor 
speed at the 83 [deg]F test condition, and a corresponding definition 
for the new metric.
    To ensure proper use of the new SACCFull metric when 
determining compliance of a variable-speed portable AC in accordance 
with the energy conservation standards that go into effect for single-
duct and dual-duct portable ACs manufactured on or after January 10, 
2025, DOE is amending the text in 10 CFR 430.32(cc) to clarify which 
capacity metric shall be used when determining compliance. 
Specifically, DOE is adjusting the equation description to clarify that 
for a single-speed portable AC, ``SACC'' is seasonally adjusted cooling 
capacity, in Btu/h, as determined in appendix CC, whereas for a 
variable-speed portable AC, ``SACC'' is the full-load seasonally 
adjusted cooling capacity (i.e., SACCFull), in Btu/h, as 
determined in appendix CC.
    For appendix CC1, DOE is adopting an updated SACC calculation for 
all portable ACs that uses the measured cooling capacity at the 83 
[deg]F test condition. For variable-speed portable ACs, the cooling 
capacity at that condition is measured with low compressor speed. For 
single-speed portable ACs, the measured cooling capacity at the 83 
[deg]F test condition is multiplied by a load factor of 0.6 for single-
duct units and 0.5363 for dual-duct units.
e. 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.)
    In the June 2022 NOPR, DOE did not propose amendments to the 
existing weighting factors in appendix CC. However, for appendix CC1, 
based on the new set of operating hours, revised capacity equation, and 
new efficiency equation intended to improve representativeness (see 
sections III.B.6.b, III.B.7.d, and III.B.7.g of this final rule, 
respectively), in the June

[[Page 31115]]

2022 NOPR, DOE proposed weighting factors of 0.144 and 0.856 for the 95 
[deg]F and 83 [deg]F test conditions, respectively. 87 FR 34934, 34949.
    In response to the June 2022 NOPR, Rice suggested that weighting 
factors of 0.218 and 0.782 for the 95 [deg]F and 83 [deg]F test 
condition, respectively, are the appropriate basis for the new 
weighting factors in appendix CC1 in place of the weighting factors 
proposed in the NOPR. (Rice, No. 21 at p. 1)
    Because DOE is adopting new operating hours in appendix CC1, as 
discussed previously in section III.B.6.b of this document, the 
weighting factors adopted in appendix CC1 must reflect those new 
operating hours in order to maintain internal test procedure 
consistency and produce the most representative capacity value. The 
weighting factors adopted in appendix CC1 are used in the SACC 
calculation, while the AEER calculation uses operating hours to 
properly represent the annual cooling provided within that efficiency 
calculation. Using the AHRI 210/240 building load calculation alone, 
without factoring in the appendix CC1 operating hours, results in 
weighting factors of 0.218 and 0.782. However, the weighting factors 
used in appendix CC1 represent the total time DOE expects portable ACs 
to operate at each test condition and not only the cooling mode 
operation at each test condition. Considering the portion of the 
appendix CC1 total cooling mode and off-cycle mode hours spent at each 
temperature condition (see Table III.1 in section III.B.6.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, corresponding to weighting factors of 0.144 and 0.856. 87 FR 
34934, 34949. DOE continues to conclude, as was proposed in the June 
2022 NOPR and used in AHAM PAC-1-2022, that weighting factors of 0.144 
and 0.856 corresponding to the 95 [deg]F test condition and the 83 
[deg]F test condition, respectively, are representative of the portable 
AC average period of use. DOE is therefore adopting them for the SACC 
calculation in appendix CC1.
f. 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 June 2022 NOPR, variable-speed ACs avoid such inefficiencies 
because their compressors run continuously, adjusting their speeds as 
required to match the cooling load. 87 FR 34934, 34949-34950.
    As discussed in the June 2022 NOPR, DOE proposed a means of 
accounting for the losses associated with single-speed cyclical 
operation at reduced conditions, namely the use of a cycling factor 
(``CF'') of 0.82, in both appendix CC and the new appendix CC1, based 
on available test data and consistent with the value in AHAM PAC-1-
2022, to adjust the measured efficiency to represent the expected 
losses when operating at the low test condition that are not otherwise 
captured as part of the test. 87 FR 34934, 34949-34950.
    In response to the proposed cycling loss factor of 0.82 proposed in 
the June 2022 NOPR, DOE received the following comments.
    The California IOUs agreed with DOE's methodology and the proposed 
cycling loss factor of 0.82 and requested any additional information 
regarding the units tested--such as the range of efficiency rating and 
capacity and if the tested units were single duct or dual duct, as well 
as the methodology used in unit selection. (California IOUs, No. 20 at 
p. 2)
    ASAP and the Joint Commenters encouraged DOE to fully account for 
the losses of single-speed units in the determination of an appropriate 
CF value by including the energy required 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. ASAP and the Joint Commenters believe 
the CF proposed by DOE is therefore too high and artificially deflates 
the calculated CEER of variable-speed units relative to the CEER of 
single-speed units. According to the Joint Commenters, if the 
efficiency metric fails to appropriately recognize the full performance 
benefits of variable-speed units, manufacturers will have less 
incentive to adopt variable-speed technology. (ASAP, Public Meeting 
Transcript, No. 16 at p. 16; Joint Commenters, No. 19 at p. 2)
    The test procedure in both appendix CC and appendix CC1 accounts 
for the cyclic losses for single-speed units (i.e., compressor cycling 
losses and fan operation in off-cycle mode). The cycling loss factor 
incorporated in the cooling mode power calculation for both appendix CC 
and appendix CC1 accounts for cycling losses due to the compressor 
itself turning on and off. The off-cycle mode power measurement as a 
part of the annual energy consumed in the denominator of the CEER and 
AEER calculations accounts for the energy used by the fan blower motor 
with the compressor off (i.e., fan operation during off-cycle mode). In 
the CEER and AEER equations, these two types of cycling losses are 
addressed, with the cooling mode power as adjusted with the cycling 
loss factor and the off-cycle mode average power multiplied by the 
relevant operating hours to determine the total cooling mode and off-
cycle mode energy use, which is considered along with the energy use 
for all other modes measured in the test procedure to calculate the 
total energy consumed. In this way, both CEER and AEER are fully 
representative of the energy use differences between single-speed and 
variable-speed portable ACs.
    ASAP and the Joint Commenters believe that as DOE's test results 
showed significant differences in CFs across units (ranging from 76 to 
86 percent), using a single CF for all single speed units would fail to 
capture the efficiency benefits of units with improved cycling 
performance. ASAP and the Joint Commenters therefore proposed that DOE 
consider establishing a conservative CF value and allow manufacturers 
who demonstrate improved performance under cycling operation to measure 
and use a CF value determined by testing. ASAP further requested that 
DOE require measurement of the CF in the test procedure to improve 
representativeness. (ASAP, Public Meeting Transcript, No. 16 at p. 16; 
Joint Commenters, No. 19 at p. 2)
    Rice stated that DOE's proposed cycling loss factor of 0.82 
appeared to be derived using the load factor for dual-duct portable 
ACs. Rice suggested that different cycling loss factors should 
therefore be used for the two different ducting configurations because 
they also have different load factors. According to Rice, this new 
single-speed single-duct portable AC cycling loss factor should be 
0.844. (Rice, No. 21 at p. 2)
    While DOE agrees that it would be most representative to test the 
cycling loss factor for each individual unit, such testing involves 
significant time and technician expertise that would represent a large 
test burden increase

[[Page 31116]]

that would not be outweighed by the potential benefit of increased 
accuracy in the cycling factor. To measure CFs for the June 2022 NOPR, 
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. Such a 
test required an additional hour or more of test time with the 
technician closely supervising the test. Additionally, this cyclic test 
procedure is not codified in any industry standard. Further, the test 
did not always produce results. In order to conduct the test, the unit 
must be controlled remotely from outside the test chamber. One unit in 
DOE's test sample was unable to be controlled in this way and so the 
test could not be conducted. The June 2022 NOPR test sample is 
representative of single-duct portable ACs, including units from three 
manufacturers and cooling capacities ranging between 4,000 Btu/h and 
10,000 Btu/h. While there is some variation in the CFs measured during 
testing in support of the June 2022 NOPR, DOE maintains that using the 
average of the measured CFs is the best approach to produce a 
representative test procedure in appendix CC and appendix CC1, because 
it incorporates a representative sample of portable ACs and represents 
the only portable AC-specific cycling loss data available to DOE. 
Furthermore, this approach of using a universal average cycling loss 
factor from these data does not add any additional test burden, which 
would be significant should a cyclic test be performed for each unit. 
Additionally, while manufacturers may be able to mitigate some effects 
of cycling losses, single-speed portable ACs must cycle on and off to 
maintain a given load, which directly leads to cycling losses, 
suggesting that while there may be some differences in unit-specific 
CFs, it would be appropriate to reflect cycling losses inherent to all 
single-speed units using a single representative CF in lieu of overly 
burdensome and complex cycling tests. Therefore, DOE maintains that, 
for single-duct units, the average CF of 0.82 derived from cyclic 
portable AC testing conducted for the June 2022 NOPR is representative 
of efficiency losses attributable to compressor cycling, and DOE is 
therefore adopting this factor for single-speed units in appendix CC 
and appendix CC1.
    To address comments from interested parties suggesting that the 
proposed cycling loss factors should reflect the behavior of all 
portable AC configurations, DOE completed additional investigative 
testing on dual-duct portable AC cycling loss factors. This testing was 
conducted in the same manner as the testing described in the June 2022 
NOPR: 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 obtained cooling capacity and power data for two dual-
duct units with test lengths of 10 minutes and 30 minutes. The relative 
efficiency during cycling operation as a percentage of efficiency 
during continuous operation for dual-duct portable ACs (i.e., the 
cycling loss factors) observed from these tests are summarized in Table 
III.2.

     Table III.2--Tested Cycling Factors for Dual-Duct Portable ACs
------------------------------------------------------------------------
                  Test Length                    30 min (%)   10 min (%)
------------------------------------------------------------------------
Unit 1........................................           72           76
Unit 2........................................           80           81
                                               -------------------------
Combined Avg..................................             77
------------------------------------------------------------------------

    While the test sample is limited and displays similar amounts of 
variance between units as the single-duct samples from the June 2022 
NOPR, the data show that on average, and individually, the cycling loss 
factors for dual-duct portable ACs are lower than those originally 
proposed in the June 2022 NOPR. Based on these data and Rice's 
explanation that the difference in loading factors should lead to a 
difference in CFs, in this final rule DOE is adopting a CF of 0.77 for 
dual-duct portable ACs and maintaining the previously proposed CF of 
0.82 for single-duct portable ACs in appendix CC and appendix CC1, 
thereby improving representativeness for both portable AC 
configurations as compared to the single CF specified in AHAM PAC-1-
2022.
    According to Rice, one would have expected a larger cyclic 
degradation factor compared to that previously determined for single-
speed room ACs.\11\ Rice suggested that this may be due to the room AC 
cyclic loss determination potentially being for continuous fan 
operation (i.e., ``cool'' mode), which gives a higher cyclic 
degradation result than in an energy-saving mode. Rice therefore 
requested that DOE clarify if the cyclic loss factors were determined 
differently for the portable AC versus room AC applications and to 
provide a report on the details of the lab cyclic testing for both 
portable ACs and room ACs to best document this work as reference 
points for future investigations into cyclic loss factors in both cool 
mode and energy-saving mode for these products. (Rice, No. 21 at p. 2)
---------------------------------------------------------------------------

    \11\ For room ACs, DOE defines a CF of 0.81 for the lowest test 
condition (i.e., test condition 4), for calculating the theoretical 
comparable single-speed room AC adjusted combined energy efficiency 
ratio. See section 5.3.8 of appendix F to subpart B.
---------------------------------------------------------------------------

    As described previously and in the June 2022 NOPR, DOE based the 
CFs for this portable AC test procedure on portable AC test data using 
a manual cycling approach, independent of the testing conducted for the 
recent room AC rulemaking. Additionally, the room AC cycling loss 
factor included fan operation, which the portable AC CF does not 
include because fan operation is measured by the off-cycle mode test. 
More information regarding the room AC rulemaking, including test data 
and discussion of the derivation of the cycling loss factor used for 
room ACs, can be found in the room AC test procedure rulemaking 
docket.\12\
---------------------------------------------------------------------------

    \12\ The room AC test procedure docket is available at 
www.regulations.gov/docket/EERE-2017-BT-TP-0012.
---------------------------------------------------------------------------

    In this final rule, DOE is accounting for cycling losses in the 
amended appendix CC using the test procedure waiver approach, as 
previously discussed. Based on DOE's investigative testing and feedback 
from commenters, DOE is amending appendix CC to adopt a CF of 0.82 and 
0.77 for single-duct and dual-duct units, respectively, when 
calculating the performance of a theoretical comparable single-speed 
unit.
    In the new appendix CC1, DOE accounts for cycling losses directly 
in the single-speed portable AC CEER calculation, using the same CF 
adopted for appendix CC, 0.82 for single-duct units and 0.77 for dual-
duct units.
g. 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 AEC in 
cooling mode, off-cycle mode, and off or inactive mode.
    In the June 2022 NOPR, DOE proposed to retain the existing appendix 
CC approach when determining single-speed portable AC efficiency, but 
proposed to amend appendix CC to adopt the general approach from the LG

[[Page 31117]]

Waiver and Midea Interim Waiver to determine variable-speed portable AC 
efficiency. The waiver approach addresses the efficiency impacts of 
single-speed compressor cycling using a performance adjustment factor 
(``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. 
87 FR 34934, 34951.
    Additionally, in the June 2022 NOPR, DOE proposed to add a new 
appendix CC1 that directly accounts for cycling losses in the 
efficiency ratings for all portable AC configurations by using a new 
efficiency metric, annual energy efficiency ratio (AEER), that 
represents efficiency as the total annual cooling divided by the total 
annual energy consumption (AEC), with single-speed compressor losses 
and reduced cooling at the low test condition all considered.
    AHAM stated that DOE's proposed capacity calculation using a 
reduced compressor speed configuration results in a lower CEER for 
variable-speed units. AHAM opposed DOE's compressor speed methodology 
and recommended using AHAM PAC-1-2022 Draft, which calculates CEER with 
both high and low compressor speeds for the low temperature conditions. 
(AHAM, No. 18 at pp. 6-7)
    While simply reducing the capacity values used in the CEER or AEER 
calculation without other changes to the efficiency equations would 
inherently reduce the calculated and rated efficiency, DOE notes that 
the CEER and AEER equations in appendix CC and CC1, respectively, also 
consider the power draw of variable-speed portable ACs at these lower 
capacities. Furthermore, using the capacity measured with the full 
compressor speed for the low test condition portion of the efficiency 
equation would not be representative of real-world operation. As 
discussed in the June 2022 NOPR and in section III.B.7.b of this 
document, DOE considers reduced compressor speed operation to be 
representative of variable-speed portable AC operation when the outdoor 
temperature is 83 [deg]F, and AHAM has not provided sufficient evidence 
to justify the use of the full-speed operation as part of a 
representative average period of use, or what portion of the 
representative period of use full-speed operation would represent. 
Therefore, DOE continues to conclude that reduced compressor speed 
operation at the lower outdoor temperature condition is representative 
of average portable AC use and should be the basis for the CEER and 
AEER calculations.
    AHAM stated that CEER calculations for portable ACs should be 
treated in the same fashion as similar products like room and central 
ACs where full compressor speed is considered at multiple air 
conditions and therefore should be updated accordingly by DOE. (AHAM, 
No. 18 at p.7)
    As discussed previously in section III.B.6 of this section, DOE 
considers amendments to address and improve the representativeness of 
the test procedure, as required by EPCA. (See 42 U.S.C. 6293(b)(3)) 
When considering amending the portable AC test procedure to account for 
variable-speed operation in the June 2022 NOPR, DOE determined that the 
most representative compressor speed at the upper, 95 [deg]F outdoor 
test condition was full speed and the most representative compressor 
speed at the lower, 83 [deg]F outdoor test condition was low speed. 87 
FR 34934, 34946-34947. Similarly, the room AC test procedure requires 
full compressor speed at the two higher outdoor temperature conditions 
and reduced compressor speed at the two lower outdoor temperature test 
conditions. The central AC test procedure, however, does include a 
full-load test at low-temperature test conditions, but this reflects 
the consumer usage patterns for central ACs, which are likely different 
than those for room ACs or portable ACs, which occur over a wider range 
of temperatures and a larger number of hours. Therefore, DOE continues 
to conclude that the CEER calculation for portable ACs should use 
reduced compressor speed measurements for capacity and power when 
calculating CEER in appendix CC.
    The California IOUs supported DOE's proposal to change the 
efficiency metric for portable ACs to AEER given the differences in use 
and ducting between portable ACs and similar products. According to a 
recently survey conducted by the California IOUs,\13\ 47 percent of 
room AC owners use their room ACs as the sole source of air 
conditioning compared to 22 percent of portable AC owners; all room AC 
condenser inlets draw air from the outside while only 13 percent of 
portable AC condenser inlets use outside air; 44 percent of portable AC 
users use their unit every day or most days compared to 67 percent of 
room AC users; and 54 percent of portable AC users are located in the 
West, while the largest percentage of room AC users are based in the 
Northeast (37 percent). Based on the data obtained from their recent 
survey, the California IOUs estimated an average weekly usage of 53 
percent for portable ACs and 69 percent for room ACs, and suggested 
that these differences support DOE's decision not to align the portable 
AC and room AC test procedures and the proposal for the new AEER metric 
for portable ACs, clarifying to consumers that the efficiency ratings 
for room ACs and portable ACs are not comparable. (California IOUs, No. 
20 at pp. 2-6)
---------------------------------------------------------------------------

    \13\ The full-length survey was provided to the docket along 
with the comment from the California IOUs and is available at 
www.regulations.gov/comment/EERE-2020-BT-TP-0029-0020.
---------------------------------------------------------------------------

    AHAM stated that the approach in AHAM PAC-1-2022 Draft is 
representative with no need to depart from it and therefore urged DOE 
to follow its stated policy of adopting industry test procedures that 
satisfy statutory conditions rather than adopting a new efficiency 
metric that would further confuse consumers with respect to an 
appliance category that already uses too many metrics. AHAM added that 
SEER, CEER, and AEER are not sufficiently distinctive to provide 
meaningful information to the consumer. AHAM opposed DOE's approach to 
calculating AEER and urged DOE to continue using CEER as its efficiency 
metric. (AHAM, No. 18 at pp. 8-9)
    As discussed in section III.B.3.a of this document, DOE considers 
many parts of AHAM PAC-1-2022 to be representative and is incorporating 
by reference and generally adopting the AHAM PAC-1-2022 test procedure 
in appendix CC1. However, as also discussed in section III.B.3.a, DOE 
considers reduced compressor speed operation to be most representative 
of portable AC use at the low test condition, based on the building 
load calculation found in AHRI 210/240. Therefore, DOE continues to 
conclude that an efficiency metric using capacity and power 
measurements must be based on the reduced compressor speed test 
configuration to calculate performance at the 83 [deg]F outdoor test 
configuration as it is most representative and has adopted this 
approach in appendix CC1. In this final rule, DOE is adopting a new 
AEER energy efficiency metric for portable ACs in appendix CC1 to 
replace the CEER metric and adding a corresponding definition for the 
new AEER efficiency metric. The AEER metric generally aligns within the 
CEER equation in AHAM PAC-1-2022 but retains the low compressor speed 
operation as representative of performance at the low test condition.
    Rice stated that as all the ACC values ACC83 for single- 
and variable-speed equipment are the net cyclic or reduced

[[Page 31118]]

speed values per appendix CC1, these values should all be multiplied by 
the same number of hours at 83 [deg]F, which is equal to the fractional 
hours at 83 [deg]F multiplied by 750 total hours, to give the delivered 
cooling at that condition in the numerator of the AEER equation. (Rice, 
No. 21 at p. 1)
    DOE agrees that in appendix CC1, the capacity calculated for the 83 
[deg]F test condition, ACC83, should be multiplied by the 
same number of hours for both single-speed and variable-speed units in 
the AEER equation, because ACC83 represents the rate of 
cooling provided by both types of units at that test condition, 
adjusted to account for the reduced amount of cooling provided by 
single-speed portable ACs due to cyclic behavior. According to the new 
appendix CC1 operating hours, DOE expects that variable-speed portable 
ACs operate in cooling mode for the entirety of the 977 hours spent at 
the 83 [deg]F test condition, while single-speed units spend 586 hours 
in cooling mode and 391 of these hours in off-cycle mode when the 
outdoor temperature is 83 [deg]F. For single-speed units, 
ACC83 is adjusted using a load factor to account for time 
spent with the compressor off in off-cycle mode due to cycling. For 
variable-speed units, ACC83 reflects the reduced compressor 
speed operation at the low test condition, and therefore the reduced 
cooling capacity of variable-speed compressors. Because 
ACC83 accounts for reduced cooling capacity (i.e., for 
single-speed units, reflecting the time spent in off-cycle mode; and 
for variable-speed units, reflecting the reduced cooling provided 
during time spent at the low test condition), ACC83 should 
be multiplied by 977, the total number of hours associated with reduced 
cooling load operation (i.e., for single-speed units, the total hours 
spent in cooling mode at the reduced temperature test condition and in 
off-cycle mode; and for variable-speed units, the total number of hours 
spent in cooling mode at the reduced temperature test condition).
    Rice supported the use of AEER for portable AC applications given 
the potential for possible negative delivered cooling fractions for 
portable ACs and stated that in doing so, DOE seems to acknowledge that 
the current weighting factor method for CEER in appendix CC is only an 
approximation of the appropriate binned seasonal performance 
calculation. Rice further requested that manufacturers be required to 
report AEER in any case as AEER values can be used to estimate annual 
energy use, while CEER values cannot. In addition, Rice stated that 
AEER does not incur the approximations to seasonal performance of the 
existing weighting equations used for CEER, and that reporting AEER 
would allow consumers to make appropriate accurate cost savings and 
payback calculations for variable vs single-speed portable AC units. 
(Rice, No. 21 at pp. 2-3)
    As discussed in the June 2022 NOPR, DOE is retaining the CEER 
equation from the LG Waiver and Midea Interim Waiver alternative test 
procedures for variable-speed units in appendix CC to maintain 
compatibility with existing standards. 87 FR 34934, 34944. While DOE 
agrees that the AEER calculation is the most representative way to 
calculate portable AC efficiency, the CEER calculation in the LG Waiver 
and Midea Interim Waiver reasonably represents the efficiency of a 
variable-speed portable AC relative to a single-speed portable AC and 
retains compatibility with the existing energy conservation standards. 
DOE is not amending the certification or reporting requirements for 
portable ACs in this final rule. Instead, DOE may consider proposals to 
amend the certification and reporting requirements for portable ACs 
under a separate rulemaking regarding appliance certification.
h. Load-Based Testing
    The existing DOE and industry-accepted standards for testing 
portable ACs measure cooling capacity and energy efficiency ratio when 
the portable AC operates continuously at fixed indoor and outdoor 
temperatures and humidity conditions (i.e., a constant-temperature 
test), using an air enthalpy approach.\14\ 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.
---------------------------------------------------------------------------

    \14\ 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.
---------------------------------------------------------------------------

    In the June 2022 NOPR, DOE discussed the challenges associated with 
load-based testing. In particular, DOE discussed its continuing 
expectation that a load-based test would reduce repeatability and 
reproducibility due to limitations in current test chamber 
capabilities--namely, the lack of specificity in industry standards 
regarding chamber dimensions and reconditioning equipment 
characteristics, which would negatively impact the representativeness 
of the results and potentially be unduly burdensome. 87 FR 34934, 
34953. Recognizing that neither DOE nor commenters had provided 
approaches to mitigate these challenges, DOE did not propose to amend 
the DOE test procedures in appendix CC or appendix CC1 to adopt a load-
based testing approach.
    DOE received the following comments in response to the June 2022 
NOPR regarding load-based testing.
    The California IOUs supported DOE's proposed test procedure for 
variable-speed portable ACs by adjusting user controls and low 
compressor speed using manufacturer-provided instructions based on the 
limitations of using user controls to test performance at low 
compressor speed. However, the California IOUs requested that DOE 
continue to assess load-based testing to further improve the 
representativeness of the test procedures. (California IOUs, No. 20 at 
pp. 1-2)
    The Joint Commenters expressed concern that the test procedure may 
not adequately represent the operation of variable-speed units under 
part-load conditions and believe that DOE should strive to move away 
from ``steady-state'' testing and toward load-based testing and 
approaches that would capture the performance of variable-speed units 
under unlocked native controls. (Joint Commenters, No. 19 at pp. 2-3)
    NEEA and NWPCC believe that load-based testing would better reflect 
field use and is necessary to capture the impact of cycling and 
variable-speed performance of a unit operating under its onboard 
control logic. NEEA and NWPCC further stated that as the product 
performance of more complex systems becomes increasingly dependent on 
how well onboard logic control is implemented, DOE should evaluate and 
pursue load-based testing. (NEEA and NWPCC, No. 22 at p. 4)
    Acknowledging the potential advantages of load-based testing as 
discussed in these comments, DOE continues to recognize that neither 
DOE nor commenters have identified approaches to mitigate the specific 
challenges associated with load-based testing, which would reduce 
repeatability and reproducibility. Furthermore, DOE considers the test 
procedures in appendix CC and appendix CC1, as amended and adopted in 
this final rule, as representative of portable AC operation, addressing 
the impacts of compressor cycling and reduced capacity at low loads and 
the relative efficiency benefits of variable-speed units, while 
maintaining repeatability and reproducibility. Therefore, DOE is not 
adopting a load-

[[Page 31119]]

based test approach in appendix CC or appendix CC1 at this time.
i. Annual Energy Consumption Calculation
    In the June 2022 NOPR, in appendix CC, DOE proposed to adopt the 
PAF-based approach from the LG Waiver and Midea Interim Waiver to 
determine variable-speed portable AC efficiency, a weighted-average 
approach for the CEER equation, and not to change the CEER equation for 
single-speed portable ACs. In appendix CC1, DOE proposed 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. 87 FR 34934, 34952-34953.
    In response to the June 2022 NOPR, AHAM requested that DOE clarify 
the proposed calculation involving cycling losses in section 5.5.1 of 
appendix CC, specifically P83Low. AHAM believes that this 
power variable is meant to reflect operation of a single-speed unit, 
which can only operate at full compressor speed, and therefore 
P83Low should be P83Full. (AHAM, No. 18 at p. 3)
    DOE agrees with AHAM that the power variable in the equation to 
calculate the theoretical comparable single-speed portable AC power at 
the lower outdoor temperature condition should read 
``P83Full'' instead of ``P83Low,'' as the 
calculation utilizes the full compressor speed performance of the 
variable-speed test unit at the lower test condition to estimate the 
performance of a comparable single-speed portable AC. DOE notes that 
the June 2022 NOPR preamble discussion correctly refers to the power 
measured at test condition 2.B, and is correcting the calculation in 
this final rule.
9. Heating Mode
    In the previous portable AC rulemaking, DOE did not establish an 
efficiency metric for heating mode, noting that available data suggest 
that portable ACs are not used for heating purposes for a substantial 
amount of time. 81 FR 35241, 35257.
    In the June 2022 NOPR, DOE noted that no new data had been 
identified that would allow DOE to draw a different conclusion to the 
use of portable ACs to provide heating and thus, DOE requested comment 
on the tentative determination not to establish a heating mode 
efficiency metric in appendix CC and the proposed new appendix CC1. 87 
FR 34934, 34953.
    In response to the June 2022 NOPR, NYSERDA noted that portable ACs 
offering heating capabilities are becoming available on the market, as 
suggested by the New York Housing Authority's partnership with New York 
Power Authority to purchase 30,000 heat pump units through the Clean 
Heat for All program, which provides portable solutions for both 
heating and cooling.\15\ NYSERDA urged DOE to take steps to ensure that 
the portable AC standard and test procedure address the testing of heat 
mode to better capture all the energy consumed by portable ACs across 
both heating and cooling use cases. (NYSERDA, No. 17 at pp. 1-2)
---------------------------------------------------------------------------

    \15\ Further information regarding the Clean Heat for All 
program can be found at www.nypa.gov/news/press-releases/2021/20211220-decarbonize.
---------------------------------------------------------------------------

    DOE recognizes that the market for portable ACs that offer a 
heating function is evolving and is expected to expand as States and 
other jurisdictions pursue building electrification strategies. DOE 
notes, however, that it currently lacks data and information necessary 
to inform the development of a test method that would produce test 
results that reflect a representative average use cycle or period of 
use for the heating function of a portable AC. Therefore, at this time, 
DOE is not amending the portable AC test procedure to include a measure 
of heating performance. DOE welcomes further information and data that 
could be used to inform the future development of a test method for the 
heating function of portable ACs.
10. 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. Due to a lack of usage 
information for this mode, in the June 2016 Final Rule DOE did not 
adopt methods to measure or allocate annual operating hours to air 
circulation mode. 81 FR 35241, 35257.
    In the June 2022 NOPR, DOE noted that due to a continued lack of 
relevant consumer usage data regarding the user-initiated air 
circulation mode, DOE could not determine typical operating hours in 
air circulation mode. Therefore, while appendix CC and the 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, DOE 
did not propose a test for user-initiated air circulation mode. 87 FR 
34934, 34953-34954.
    In response to the June 2022 NOPR, DOE received no comments on its 
tentative determination not to dedicate distinct operating hours or 
testing to user-initiated air circulation mode in appendix CC and 
proposed new appendix CC1.
    In this final rule, DOE is not adopting, as part of appendix CC or 
appendix CC1, a measure of user-initiated air circulation mode energy 
consumption for portable ACs.
11. Dehumidification Mode
    In the June 2022 NOPR, DOE discussed a comment received in response 
to the April 2021 RFI 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. 86 FR 20044, 20051; 87 FR 34934, 34954.
    In the June 2022 NOPR, DOE noted that it was unaware of available 
consumer use data regarding dehumidification mode, and the presence of 
a function is insufficient to indicate the frequency of its use. Given 
the lack of data, DOE was unable to address dehumidification mode in a 
representative manner and therefore tentatively determined to not 
include test procedure provisions regarding dehumidification mode in 
either appendix CC or the proposed new appendix CC1. 87 FR 34934, 
34954.
    In response to the June 2022 NOPR, NEEA and NWPCC requested that 
DOE collect dehumidification data for both portable and window ACs for 
future rulemakings regarding test procedure provisions for a 
dehumidification mode. (NEEA and NWPCC, No. 22 at p. 3)
    DOE recognizes the potential benefit that dehumidification mode 
performance data could have for future rulemakings and other industry 
programs. However, given the lack of consumer use data confirming the 
prevalent use of dehumidification mode for portable ACs, and the burden 
associated with requiring reporting of dehumidification performance, 
DOE has determined that there is not sufficient energy consumption in 
this mode to justify the development of such a test at this time.
    Therefore, DOE is not adopting dehumidification mode testing in 
appendix CC or appendix CC1 at this time.
12. 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. 
Because DOE was unable to establish a representative test configuration 
for assessing the energy consumption of network functionality

[[Page 31120]]

for portable ACs due to a lack of consumer usage data, DOE proposed in 
the June 2022 NOPR to specify in both appendix CC and appendix CC1 
that, if a portable AC has network functions, those 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 an end-user cannot disable the network functions, or the 
product's user manual does not provide instruction for disabling 
network settings, the unit is tested with the network settings in the 
factory default configuration for the duration of the test. 87 FR 
34934, 34954-34955.
    In response to the June 2022 NOPR, DOE received the following 
comments regarding network connectivity.
    AHAM supported DOE's proposal regarding network functionality and 
noted that AHAM PAC-1-2022 adopts this provision. (AHAM, No. 18 at p. 
3)
    ASAP and the Joint Commenters requested that DOE test portable ACs 
that have network connectivity capabilities in their as-shipped 
configuration to better reflect consumer use and reduce test burden. 
The Joint Commenters and NYSERDA asserted that consumers are unlikely 
to adjust this type of capability from the original factory settings 
and therefore the proposal to turn off network functions does not 
reflect consumer use. The Joint Commenters further stated that such a 
provision would increase the representativeness of the test procedure 
and can easily be integrated into the test procedure with no expected 
test burden added. (ASAP, Public Meeting Transcript, No. 16 at pp. 27-
28; Joint Commenters, No. 19 at p. 3; NYSERDA, No. 17 at p. 3)
    NYSERDA encouraged DOE to incorporate network connectivity in the 
portable AC test procedure by requiring that connectivity be activated 
during testing to capture the energy used while accessing the 
connectivity circuitry. (NYSERDA, No. 17 at p. 3)
    DOE appreciates the comments regarding default settings and 
recognizes the prevalence of such features as they enter the market and 
their potential use in the future. However, as discussed in the June 
2022 NOPR, DOE is not aware of any data reflecting consumer usage data 
for network connectivity of portable ACs, nor did interested parties 
provide any such data. Without these data, DOE is unable to establish a 
representative test configuration for assessing the energy consumption 
of network connectivity features for portable ACs. Therefore, due to a 
lack of data and to harmonize with industry standards, DOE maintains 
its proposal 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.
13. 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.
    In the June 2022 NOPR, DOE tentatively determined to continue to 
exclude case heat transfer from the portable AC test procedure both in 
appendix CC and appendix CC1 because DOE had no data indicating that 
the impacts of case heat transfer had become more significant since the 
time the supporting analysis was conducted. DOE also proposed to 
maintain the incorporation of the energy impacts of infiltration air 
and duct heat transfer in the portable AC test procedure. 87 FR 34934, 
34955.
    In response to the June 2022 NOPR, DOE received the following 
comments regarding the energy impacts of case heat transfer in appendix 
CC and appendix CC1.
    NEEA and NWPCC supported DOE in retaining the energy impacts of 
infiltration air and duct heat transfer and further stated support for 
including case heat transfer impacts. (NEEA and NWPCC, No. 22 at p. 3)
    The Joint Commenters encouraged DOE to include a measurement of 
heat losses through the unit casing to better represent the capacity of 
portable ACs by adopting the approach DOE proposed in a NOPR published 
in February 2015 as part of the previous test procedure rulemaking, 
which required additional instrumentation to measure surface 
temperature. (Joint Commenters, No. 19 at p. 3)
    In the June 2016 Final Rule, DOE concluded that case heat transfer 
had a minimal impact on the cooling capacity of portable ACs and did 
not include a measurement of case heat transfer in appendix CC because 
the test burdens outweighed the benefit of addressing the case heat 
transfer. 81 FR 35242, 35254-35255. DOE reached this conclusion using 
test data, gathered in support of the supplemental notice of proposed 
rulemaking that DOE published for portable AC test procedures on 
November 27, 2015, that showed the case heat transfer was 1.76 percent 
of the total portable AC cooling capacity on average. 80 FR 74020, 
74030. As noted in the June 2022 NOPR, DOE is not aware of, and has not 
been provided, any additional data to suggest that case heat transfer 
is a significant enough form of heat loss that would justify the burden 
associated with the measurement approach discussed in the previous test 
procedure rulemaking. 87 FR 34934, 34955. Therefore, DOE maintains its 
determination to not adopt a measure of case heat transfer in appendix 
CC and 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. In the June 2022 
NOPR, DOE proposed to include rounding instructions consistent with 
those in Table 1 of AHAM PAC-1-2022 in 10 CFR 429.62 when representing 
the energy efficiency of a basic model tested using appendix CC1.
    DOE received no comments regarding the proposal to add rounding 
requirements consistent with AHAM PAC-1-2022 when certifying using 
appendix CC1 in 10 CFR 429.62. In this final rule, DOE adopts these 
rounding requirements as proposed in the June 2022 NOPR.
    As discussed in section III.B.8.d of this document, in this final 
rule DOE is adopting a new capacity metric for variable-speed portable 
ACs in appendix CC, SACCFull, which calculates capacity 
using full compressor speed performance at the lower test condition, to 
facilitate consumer comparisons between single-speed and variable-speed 
portable ACs. As noted in that section, the SACCFull metric 
allows consumers to easily compare the capacities of variable-speed and 
single-speed portable ACs and maintains compatibility with the existing 
portable AC standards, which are calculated based on single-speed SACC.
    Accordingly, to ensure proper representation of capacity for 
variable-speed portable ACs, in this final rule DOE is adopting an 
additional instructional note in 10 CFR 429(a) requiring that 
SACCFull, as determined in accordance with appendix CC, 
shall

[[Page 31121]]

be used as the basis for representations of capacity for variable-speed 
portable ACs, whereas SACC, as determined in accordance with appendix 
CC, shall be the basis for representations of capacity for single-speed 
portable ACs.

D. Test Procedure Costs and Harmonization

1. Test Procedure Costs and Impact
    EPCA requires that test procedures proposed by DOE not be unduly 
burdensome to conduct. (42 U.S.C. 6293(b)(3)) The following sections 
discuss DOE's evaluation of estimated costs associated with the 
amendments to the test procedure.
a. Appendix CC
    DOE is amending appendix CC to account for energy use of variable-
speed portable ACs per a modified version of the test method applied in 
the LG Waiver and Midea Interim Waiver. As discussed in the June 2022 
NOPR, the LG Waiver uses manufacturer instructions to achieve a fixed 
full compressor speed, but DOE is amending appendix CC to require the 
use of consumer settings and a setpoint of 75 [deg]F to do so. This 
modification would not require testing at additional conditions or 
increase the test time per test, as compared to the LG Waiver. As such, 
DOE has determined that the cost per test under appendix CC as amended 
by this final rule would be the same as the cost when using the 
alternate test procedure specified in the LG Waiver.
    The amendments adopted for appendix CC in this final rule would 
require LG and Midea to both re-certify all of their variable-speed 
portable AC models that are currently subject to testing using the LG 
Waiver and Midea Interim Waiver, respectively. Midea would need to 
determine SACCFull by testing with the full compressor speed 
at the 83 [deg]F test condition, and to re-calculate CEER using the new 
CF. LG would additionally need to re-test its variable-speed portable 
ACs subject to the LG Waiver at the full compressor speed at the 95 
[deg]F test condition if the full compressor speed measured under 
appendix CC differs from the full compressor speed measured using the 
LG Waiver procedure. Therefore, the amendment regarding use of consumer 
settings to achieve the full compressor speed may alter the measured 
energy efficiency for LG and Midea's affected portable ACs. Because of 
the change to the measured energy use, LG and Midea may not be able to 
rely on data generated under the test procedure waiver that was in 
effect prior to the amendments in this final rule.
b. Appendix CC1
    DOE is adopting a new appendix CC1 consistent with AHAM PAC-1-2022 
with modifications. For single-speed portable ACs, AHAM PAC-1-2022 uses 
the same test conditions as the current appendix CC. DOE is adopting a 
modification to that approach for single-speed portable ACs, however, 
to apply a load-based capacity adjustment factor to better represent 
delivered cooling at the low test condition. DOE is also adopting 
different CFs for single-duct and dual-duct portable ACs. This approach 
diverges from AHAM PAC-1-2022, which currently implements a single CF 
for all single-speed portable AC configurations. These differences in 
considering single-speed reduced capacity and cycling losses when 
operating at the low test condition inherently result in different 
overall capacity and efficiency equations for single-speed portable 
ACs. However, the cost to perform a single-speed portable AC test is 
estimated to be the same between the appendix CC1 and AHAM PAC-1-2022 
approaches.
    For variable-speed portable ACs, AHAM PAC-1-2022 uses the existing 
temperature conditions while requiring an additional test configuration 
that measures performance with full compressor speed at the low 
temperature test condition, as well as low compressor speed at the low 
temperature test condition. As discussed in this final rule, DOE is 
adopting the low compressor speed test configuration at the low 
temperature test condition in appendix CC1, but is not adopting the 
full compressor speed at the low temperature test condition test due to 
lack of information regarding representativeness of such a test. 
Appendix CC1, consistent with AHAM PAC-1-2022, updates the efficiency 
calculation to improve representativeness, albeit with slight 
modifications to remove consideration of full compressor operation at 
the low temperature test condition. The cost to conduct appendix CC1 
testing for a variable-speed portable AC is expected to be 
significantly less than that of AHAM PAC-1-2022, given the reduction in 
the number of tests from three total cooling mode test runs to two 
cooling mode tests runs per unit.
    DOE is not requiring testing in accordance with appendix CC1 unless 
and until the compliance date of any future amended energy conservation 
standards that are based on appendix CC1. At that time, manufacturers 
would have to re-test all basic models currently certified based on 
testing under appendix CC and re-certify them based on testing under 
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. (See 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, DOE will establish a test 
procedure reflecting modifications to these standards through the 
rulemaking process.
    As discussed, appendices CC and CC1 incorporate by reference ANSI/
AHAM PAC-1-2015, AHAM PAC-1-2022, ASHRAE 37-2009, IEC Standard 62301, 
ASHRAE 41.1-1986, ASHRAE 41.6-1994, and ANSI/AMCA 210, with 
modifications. The industry standards DOE is incorporating by reference 
are discussed in further detail in section IV.N of this document.

E. Compliance Date and Waivers

    The effective date for the adopted test procedure amendment will be 
30 days after publication of this final rule in the Federal Register. 
EPCA prescribes that all representations of energy efficiency and 
energy use, including those made on marketing materials and product 
labels, must be made in accordance with an amended test procedure, 
beginning 180 days after publication of the final rule in the Federal 
Register. (42 U.S.C. 6293(c)(2)) EPCA provides an allowance for 
individual manufacturers to petition DOE for an extension of the 180-
day period if the manufacturer may 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.) To the extent the modified test 
procedure adopted in this final rule is required only for the 
evaluation and issuance of updated efficiency standards, compliance 
with the amended test procedure does not require use of such modified 
test procedure provisions until the compliance date of updated 
standards.
    Upon the compliance date of test procedure provisions in this final 
rule, any waivers that had been previously issued and are in effect 
that pertain to

[[Page 31122]]

issues addressed by such provisions are terminated. 10 CFR 
430.27(h)(3). Recipients of any such waivers are required to test the 
products subject to the waiver according to the amended test procedure 
as of the compliance date of the amended test procedure. The amendments 
adopted in this document pertain to issues addressed by the waiver 
granted to LG and the interim waiver granted to Midea.\16\
---------------------------------------------------------------------------

    \16\ Case No. 2018-004 included the LG Waiver; Case No. Case No. 
2020-006 included the Midea Interim Waiver.
---------------------------------------------------------------------------

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866, 13563, and 14094

    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) and E.O. 
14094, ``Modernizing Regulatory Review,'' 88 FR 21879 (April 11, 2023), 
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 final 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 final 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 a final regulatory flexibility analysis (FRFA) for any 
final rule where the agency was first required by law to publish a 
proposed rule 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 Executive Order 
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: www.energy.gov/gc/office-general-counsel.
    DOE reviewed this final rule under the provisions of the Regulatory 
Flexibility Act and the procedures and policies published on February 
19, 2003. DOE has concluded that this rule would not have a significant 
impact on a substantial number of small entities. The factual basis for 
this certification is as follows:
    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 shall 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 (as determined by the Secretary) or period of use and shall not 
be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
    EPCA also requires that, at least once every seven 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))
    DOE is publishing this final rule in satisfaction of the seven-year 
review requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A))
    In this final rule, DOE amends 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, ``Portable Air 
Conditioners'' (``AHAM PAC-1-2022''), which includes an industry-
accepted method for testing variable-speed portable ACs, in 10 CFR 
429.4; and
    (2) Add rounding instructions for the SACC and the new energy 
efficiency metric, annualized energy efficiency ratio (``AEER''), in 10 
CFR 429.62.
    In this final rule, DOE also updates 10 CFR 430.2, ``Definitions'' 
and 10 CFR 430.23, ``Test procedures for the measurement of energy and 
water consumption'' as follows:
    (1) Adds a definition for the term ``combined-duct portable air 
conditioner'' to 10 CFR 430.2; and
    (2) Adds requirements to determine estimated annual operating cost 
for single-duct and dual-duct variable-speed portable ACs in 10 CFR 
430.23.
    In this final rule, DOE also amends appendix CC as follows:
    (1) Add definitions in section 2 for ``combined-duct,'' ``single-
speed,'' ``variable-speed,'' ``full compressor speed (full),'' ``low 
compressor speed (low),'' ``theoretical comparable single-speed,'' and 
``seasonally adjusted cooling capacity, full;''
    (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 [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 cycling factors (``CFs'') in section 5.5.1, 0.82 for 
single-duct units and 0.77 for dual-duct units;
    (5) Add a requirement to calculate SACC with full compressor speed 
at the

[[Page 31123]]

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 
the Midea Interim Waiver, with an additional requirement for variable-
speed portable ACs to represent SACC with full compressor speed for 
both test conditions; 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 instructions for disabling network 
settings, test the unit with the network settings in the factory-
default configuration for the duration of the test.
    In this final rule, DOE additionally adopts a new appendix CC1, 
``10 CFR Appendix CC1 to Subpart B of Part 430, Uniform Test Method for 
Measuring the Energy Consumption of Portable Air Conditioners,'' which, 
compared to appendix CC in this final rule:
    (1) Incorporates by reference parts of the updated version of the 
AHAM standard, AHAM PAC-1-2022, which includes an industry-accepted 
method for testing portable ACs;
    (2) Adopts a new efficiency metric, AEER, in place of the CEER 
metric, to calculate more representatively the efficiency of both 
variable-speed and single-speed portable ACs;
    (3) Amends the annual operating hours;
    (4) Updates the SACC equation for both single-speed and variable-
speed portable ACs;
    (5) Applies cycling factors (``CFs'') to single-speed portable AC 
efficiency, 0.82 for single-duct units and 0.77 for dual-duct units; 
and
    Testing in accordance with the new appendix CC1 would not be 
required until such time as compliance is required with any amended 
energy conservation standards based on the new appendix CC1.
    The Small Business Administration (``SBA'') considers a business 
entity to be a small business if, together with its affiliates, it 
employs less than the 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 did not receive any comments that specifically addressed 
impacts on small businesses or that were provided in response to the 
initial regulatory flexibility analysis.
    DOE used the California Energy Commission's Modernized Appliance 
Efficiency Database System (``MAEDbS'') \17\ to create a list of 
companies in the United States that sell portable ACs covered by this 
rulemaking. 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 rulemaking. 
DOE relied on public data and subscription-based market research tools 
(e.g., Dun & Bradstreet reports) \18\ to determine company 
location, headcount, and annual revenue. DOE screened out companies 
that do not offer products covered by this rulemaking, do not meet the 
SBA's definition of a ``small business,'' or are foreign-owned and 
operated.
---------------------------------------------------------------------------

    \17\ California Energy Commission's Modernized Appliance 
Efficiency Database System. Available at 
cacertappliances.energy.ca.gov/Pages/Search/AdvancedSearch.aspx 
(last accessed December 11, 2022).
    \18\ The Dun & Bradstreet Hoovers subscription login is 
available online at app.dnbhoovers.com/ (last accessed December 12, 
2022).
---------------------------------------------------------------------------

    DOE identified 20 portable AC OEMs. DOE did not identify any 
domestic OEMs that qualify as a ``small business.''
    Given the lack of small entities with a direct compliance burden, 
DOE concludes that the cost effects accruing from the final rule would 
not have a ``significant economic impact on a substantial number of 
small entities,'' and that the preparation of a FRFA is not warranted. 
DOE has submitted a 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).

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of portable ACs must certify to DOE that their 
products comply with any applicable energy conservation standards. To 
certify compliance, manufacturers must first obtain test data for their 
products according to the DOE test procedures, including any amendments 
adopted for those test procedures. DOE has established regulations for 
the certification and recordkeeping requirements for all covered 
consumer products and commercial equipment, including portable ACs. 
(See generally 10 CFR part 429.) The collection-of-information 
requirement for the certification and recordkeeping is subject to 
review and approval by OMB under the Paperwork Reduction Act (PRA). 
This requirement has been approved by OMB under OMB control number 
1910-1400. Public reporting burden for the certification is estimated 
to average 35 hours per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    DOE is not amending the certification or reporting requirements for 
portable ACs in this final rule. Instead, DOE may consider proposals to 
amend 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.
    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 final rule, DOE establishes 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 
final 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.

[[Page 31124]]

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 
1999), imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have federalism implications. The Executive order 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 Executive order 
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 examined this final 
rule and determined that it will 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 final 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 Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 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 Executive Order 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 Executive Order 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, 
this final rule meets the relevant standards of Executive Order 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 regulatory action resulting 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 www.energy.gov/gc/office-general-counsel. DOE examined this final 
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 final rule will 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.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights,'' 53 FR 8859 (March 18, 1988), that this regulation will 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 final 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

    Executive Order 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 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 Executive 
Order 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 significant energy action, the 
agency must give a detailed statement of any adverse effects on energy 
supply, distribution, or use if the regulation is implemented, and of

[[Page 31125]]

reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    This regulatory action is not a significant regulatory action under 
Executive Order 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 
notice of proposed rulemaking 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 modifications to the test procedure for portable ACs adopted in 
this final rule incorporate testing methods contained in certain 
sections of the following commercial standards: ANSI/AHAM PAC-1-2015, 
AHAM PAC-1-2022, ASHRAE 37-2009, ANSI/AMCA 210, ASHRAE 41.1-1986, ANSI/
ASHRAE 41.6-1994, 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 they were developed in a 
manner that fully provides for public participation, comment, and 
review). DOE has consulted with both the Attorney General and the 
Chairman of the FTC about the impact on competition of using the 
methods contained in these standards and has received no comments 
objecting to their use.

M. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this rule before its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

N. Description of Materials Incorporated by Reference

    AHAM PAC-1-2022 is an industry-accepted 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 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). Specifically, the appendix CC1 test 
procedure codified by this final rule references AHAM PAC-1-2022 for 
testing portable ACs. AHAM PAC-1-2022 is reasonably available from AHAM 
(www.aham.org/AHAM/AuxStore).
    ASHRAE 37-2009 is an industry-accepted test standard referenced by 
ANSI/AHAM PAC-1-2015 and AHAM PAC-1-2022 that defines various uniform 
methods for measuring performance of air conditioning and heat pump 
equipment. Although ANSI/AHAM PAC-1-2015 and AHAM PAC-1-2022 reference 
a number of sections in ASHRAE 37-2009, the appendix CC1 test procedure 
established in this final rule additionally references one section in 
ASHRAE 37-2009 that addresses test duration.
    ANSI/AMCA 210 is an industry-accepted test standard referenced by 
ASHRAE 37-2009 that defines methods for measuring the characteristics 
of air flow.
    ASHRAE 41.1-1986 is an industry-accepted test standard referenced 
by ASHRAE 37-2009 that defines a standard method for measuring 
temperature.
    ASHRAE 41.6-1994 is an industry-accepted test standard referenced 
by ASHRAE 37-2009 that defines a standard method for measuring moist 
air properties, including humidity and wet-bulb temperature.
    These standards are all reasonably available from ASHRAE 
(www.ashrae.org), except for ANSI/AMCA 210, which is readily available 
from AMCA International at www.amca.org.
    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 mode and off mode 
test results. IEC 62301 is reasonably available from IEC at 
webstore.iec.ch/.
    The following standards are already approved for the sections/
appendices where they appear in the regulatory text: ANSI/AHAM PAC-1-
2015.

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects

10 CFR Part 429

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

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 1, 
2023, by Francisco Alejandro Moreno, Acting Assistant Secretary for 
Energy Efficiency and Renewable Energy, U.S. Department of 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 3, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
    For the reasons stated in the preamble, DOE amends parts 429 and 
430 of Chapter II of Title 10, Code of Federal Regulations as set forth 
below:

[[Page 31126]]

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) AHAM PAC-1-2022, Energy Measurement Test Procedure for Portable 
Air Conditioners, Copyright 2022. IBR approved for Sec.  429.62.
* * * * *

0
3. Section 429.62 is amended by:
0
a. Redesignating paragraphs (a)(3) through (5) as paragraphs (a)(4) 
through (6);
0
b. Adding new paragraph (a)(3); and
0
c. Revising newly redesignated paragraphs (a)(4) and (5).
    The addition and revisions read as follows:


Sec.  429.62  Portable air conditioners.

* * * * *
    (a) * * *
    (3) When testing in accordance with appendix CC of subpart B of 
part 430 of this chapter, the represented value of cooling capacity for 
a single-speed portable AC shall be seasonally adjusted cooling 
capacity (``SACC'') and the represented value of cooling capacity for a 
variable-speed portable AC shall be full-load seasonally adjusted 
cooling capacity (``SACCFull''), as determined in appendix 
CC to subpart B of part 430 of this chapter. When testing in accordance 
with appendix CC1 to subpart B of part 430 of this chapter, the 
represented value of cooling capacity for both single-speed and 
variable-speed portable ACs shall be SACC, as determined in appendix 
CC1 to subpart B of part 430 of this chapter.
    (4) Where SACC is used for representation, the represented value of 
SACC of a basic model must be the mean of the SACC for each tested unit 
of the basic model. Likewise, where SACCFull is used for 
representation, the represented value of SACCFull of a basic 
model must be the mean of the SACCFull for each tested unit 
of the basic model. When using appendix CC to subpart B of part 430 of 
this chapter, round the mean SACC or SACCFull value to the 
nearest 50, 100, 200, or 500 Btu/h, depending on the magnitude of the 
calculated SACC or SACCFull, as applicable, 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 
to subpart B of part 430 of this chapter, round SACC to the nearest 50, 
100, 200, or 500 Btu/h, depending on the magnitude of the calculated 
SACC, in accordance with Table 1 of AHAM PAC-1-2022, (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''.
    (5) 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
3. 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
4. Section 430.2 is amended by adding, in alphabetical order, the 
definition for ``Combined-duct portable air conditioner'' to read as 
follows:


Sec.  430.2  Definitions.

* * * * *
    Combined-duct portable air conditioner means a portable air 
conditioner for which condenser inlet and outlet air streams flow 
through separate ducts housed in a single duct structure.
* * * * *

0
5. Amend Sec.  430.3 by:
0
a. Redesignating paragraphs (b)(1) through (5) as (b)(2) through (6) 
and adding new paragraph (b)(1);
0
b. Revising paragraphs (g)(3) and (5);
0
c. Redesignating paragraphs (g)(11) through (19) as paragraphs (g)(12) 
through (20);
0
d. Adding new paragraph (g)(11);
0
e. Redesignating paragraph (i)(9) as (i)(10);
0
f. Adding new paragraph (i)(9);
0
g. In paragraph (q)(6), removing the text ``CC, EE'' and adding, in its 
place, the text ``CC, CC1, EE''; and
0
h. Removing note 2 to paragraph (q).
    The revisions and additions read as follows:


Sec.  430.3  Materials incorporated by reference.

* * * * *
    (b) * * *
    (1) ANSI/AMCA 210-99, Laboratory Methods of Testing Fans for 
Aerodynamic Performance Rating, ANSI-approved December 2, 1999; IBR 
approved for appendices CC and CC1 to subpart B. (Co-published as ANSI/
ASHRAE 51-1999.)
* * * * *
    (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) ASHRAE 41.1-1986 (Reaffirmed 2006) (``ASHRAE 41.1-1986''), 
Standard Method for Temperature Measurement, approved February 18, 
1987; IBR approved for appendices E, AA, CC, 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 January 27, 2006; IBR approved for appendices CC and CC1 to 
subpart B.
* * * * *
    (i) * * *
    (9) AHAM PAC-1-2022, Energy Measurement Test Procedure for Portable 
Air Conditioners, Copyright 2022; IBR approved for appendix CC1 to 
subpart B of this part.
* * * * *

0
6. 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 to this subpart, measure the seasonally 
adjusted cooling capacity (``SACC'') 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 to this subpart, respectively. When using appendix CC1 to 
this subpart, measure the SACC in Btu/h, and the combined energy 
efficiency ratio, in Btu/Wh in accordance with sections 5.2 and 5.4, 
respectively, of appendix CC1 to this subpart.
    (2) When using appendix CC to this subpart, determine the estimated 
annual

[[Page 31127]]

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 
(``AEC''), 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 to 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 to 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 to 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 to this subpart.
    (3) When using appendix CC1 to 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 
AEC. The total AEC is the sum of AEC95, AEC83, 
AECoc, and AECia, as measured in accordance with 
section 5.3 of appendix CC1 to this subpart.
* * * * *

0
7. 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, 4.1.2, and 4.3;
0
d. In sections 3.1.1.3, 3.1.1.4, and 4.3, removing the text 
``(incorporated by reference; see Sec.  430.3)'';
0
e. Adding sections 4.1.3 and 4.1.4; and
0
f. Revising sections 5.
    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 relevant standards for 
portable air conditioners at Sec.  430.32(cc) with which compliance 
is required as of January 10, 2025. Specifically, before November 
13, 2023 representations must be based upon results generated either 
under this appendix or under this appendix CC as it appeared in the 
10 CFR parts 200-499 edition revised as of January 1, 2021. Any 
representations made on or after November 13, 2023 but before the 
compliance date of any amended standards for portable ACs must be 
made based upon results generated using this appendix.
    Manufacturers must use the results of testing under appendix CC1 
to this subpart 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 and that use 
the Annualized Energy Efficiency Ratio (AEER) metric. Any 
representations related to energy also must be made in accordance 
with the appendix that applies (i.e., this appendix or appendix CC1) 
when determining compliance with the relevant standard. 
Manufacturers may also 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/AMCA 210-99, ASHRAE 37-2009, ASHRAE 
41.1-1986, ASHRAE 41.6-1994, and IEC 62301; however, only enumerated 
provisions of ANSI/AHAM PAC-1-2015, ANSI/AMCA 210-99, ASHRAE 37-
2009, and IEC 62301 apply to this appendix CC as follows. Treat 
``should'' in IEC 62301 as mandatory. When there is a conflict, the 
language of this appendix takes precedence over those documents.

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 sections 3.1.1, 
3.1.1.3, 3.1.1.4, 4.1.1, and 4.1.2 of this appendix.

0.2 ANSI/AMCA 210-99 (``ANSI/AMCA 210'')

    (a) Figure 12 ``Outlet chamber Setup--Multiple Nozzles in 
Chamber'' as specified in section 4.1.1 of this appendix;
    (b) Figure 12 Notes as specified in section 4.1.1 of this 
appendix.

0.3 ASHRAE 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 sections 4.1.1 and 4.1.2 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.

0.4 IEC 62301

    (a) Paragraph 4.2 ``Test room,'' as specified in section 3.2.4 
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) Paragraph 5.1, ``General,'' Note 1, as specified in section 
4.3 of this appendix;
    (e) Paragraph 5.2 ``Preparation of product,'' as specified in 
section 3.2.1 of this appendix;
    (f) Paragraph 5.3.2 ``Sampling method,'' as specified in section 
4.3 of this appendix;
    (g) 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.
* * * * *

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

[[Page 31128]]

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:
    (a) Has cycled off its main cooling or heating function by 
thermostat or temperature sensor signal;
    (b) May or may not operate its fan or blower; and
    (c) 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,
    Seasonally adjusted cooling capacity, full means the amount of 
cooling provided to the indoor conditions space, measured under the 
specified ambient conditions when the unit compressor is operating 
at full speed at each condition, 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:
    (a) 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
    (b) 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 sections 
4.1.1 and 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 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 ASHRAE 37-2009. 
Determine the test duration in accordance with section 8.7 of ASHRAE 
37-2009, including the reference to section 9.2 of the same 
standard, referring to Figure 12 and the Figure 12 Notes of ANSI/
AMCA 210 to determine placement of static pressure taps, and 
including references to ASHRAE 41.1-1986 and ASHRAE 41.6-1994. 
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,

[[Page 31129]]

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 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 ASHRAE 37-2009, 
except as detailed below. Determine the test duration in accordance 
with section 8.7 of ASHRAE 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.

            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 = [Sigma]j{3 x Aduct_j 
x (Tduct_95_j-Tei){time} 
Qduct_DD_83 = [Sigma]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 = [Sigma]j{3 x 
Aduct_j x (Tduct_Full_95_j-
Tei){time} 
Qduct_DD_83_Full = [Sigma]j{3 x 
Aduct_j x (Tduct_Full_83_j-
Tei){time} 
Qduct_DD_83_Low = [Sigma]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.

[[Page 31130]]

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.
    For a single-duct single-speed unit:
    [GRAPHIC] [TIFF OMITTED] TR15MY23.000
    
    For a dual-duct single-speed unit:
    [GRAPHIC] [TIFF OMITTED] TR15MY23.001
    
    For a single-duct variable-speed unit:
    [GRAPHIC] [TIFF OMITTED] TR15MY23.002
    
    For a dual-duct variable-speed unit:
    [GRAPHIC] [TIFF OMITTED] TR15MY23.003
    
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 sections 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

[[Page 31131]]

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 x 80))]

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

    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 x 80))]
Qs_SD_83_Low = mSD_Low x 60 x 
[(cp_da x (83 - 80) + (cp_wv x (0.01086 x 83 - 
0.0112 x 80))]

    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 x 80))]
Qs_DD_83_Low = m83_Low x 60 x 
[(cp_da x (83 - 80) + (cp_wv x (0.01086 x 83 - 
0.0112 x 80))]
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 unit:

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.
* * * * *

[[Page 31132]]

5. Calculation of Derived Results From Test Measurements

5.1 Adjusted Cooling Capacity

    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:

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\DD\95 - Qinflitration\DD\95
ACCDD\83\SS = Capacity83 - Qduct\DD\83 - Qinflitration\DD\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

    5.2.1 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 + ACCSD\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.
    5.2.2 For variable-speed portable ACs determine a Full-Load 
Seasonally Adjusted Cooling Capacity (SACCFull_SD for 
single-speed units and SACCFull_DD for dual-duct units) 
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 
equation below. 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.
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 mode and inactive or off mode as follows:
[GRAPHIC] [TIFF OMITTED] TR15MY23.004

Where:


[[Page 31133]]


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] TR15MY23.005

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 Unadjusted Combined Energy Efficiency Ratio for Variable-
Speed Portable Air Conditioners.
    For a variable-speed portable air conditioner, calculate the 
unit's unadjusted combined energy efficiency ratio, 
CEERUA, in Btu/Wh, as follows:
    For single-duct variable-speed portable air conditioners:
    [GRAPHIC] [TIFF OMITTED] TR15MY23.006
    
    For dual-duct variable-speed portable air conditioners:
    [GRAPHIC] [TIFF OMITTED] TR15MY23.007
    
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.

    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


[[Page 31134]]


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

CapacityDD_83_SS = Capacity83_Full
CapacityDD_83_SS_CF = Capacity83_Full x 0.77
PDD_83_SS = P83_Full

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_Full = 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 for single-duct units.
0.77 = empirically-derived cycling factor for the 83 [deg]F dry-bulb 
outdoor temperature operating condition for dual-duct units.

    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.

    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

[[Page 31135]]

Btu/Wh, according to the following equations:
    For a single-duct portable air conditioner:
    [GRAPHIC] [TIFF OMITTED] TR15MY23.008
    
    For a dual-duct portable air conditioner:
    [GRAPHIC] [TIFF OMITTED] TR15MY23.009
    
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, 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 Performance Adjustment Factor. Calculate the sample unit's 
performance adjustment factor, Fp, as follows:
    For a single-duct unit:
    [GRAPHIC] [TIFF OMITTED] TR15MY23.010
    
    For a dual-duct unit:
    [GRAPHIC] [TIFF OMITTED] TR15MY23.011
    

[[Page 31136]]


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.

0
8. Appendix CC1 to subpart B of part 430 is added 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 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 and that use the 
Annualized Energy Efficiency Ratio (AEER) metric. Any representation 
related to energy also must be made in accordance with the appendix 
that applies (i.e., appendix CC to this subpart or this appendix 
CC1). Manufacturers may also use this appendix CC1 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, ANSI/AMCA 210-99, ASHRAE 37-2009, 
ASHRAE 41.1-1986, ASHRAE 41.6-1994, and IEC 62301; however, only 
enumerated provisions of AHAM PAC-1-2022, ANSI/AMCA 210-99, ASHRAE 
37-2009, and IEC 62301 are applicable to this appendix CC1, as 
follows. Treat ``should'' in IEC 62301 as mandatory. When there is a 
conflict, the language of this appendix takes precedence over those 
documents.

0.1 AHAM PAC-1-2022

    (a) Section 4 ``Definitions,'' as specified in section 2 of this 
appendix;
    (b) Section 7 ``Test Setup,'' as specified in sections 3 and 4 
of this appendix;
    (c) Section 8 ``Test Conduct,'' as specified in section 4 of 
this appendix;
    (d) Section 8.1 ``Cooling Mode,'' as specified in sections 5.1 
and 5.3 of this appendix;
    (e) Section 9 ``Calculation of Derived Results from Test 
Measurements,'' as specified in section 5 of this appendix;
    (f) Section 9.1 ``Duct Heat Transfer,'' as specified in section 
5.1 of this appendix;
    (g) Section 9.2 ``Infiltration Air Heat Transfer,'' as specified 
in section 5.1 of this appendix.

0.2 ANSI/AMCA 210-99 (``ANSI/AMCA 210'')

    (a) Figure 12, ``Outlet chamber Setup--Multiple Nozzles in 
Chamber,'' as specified in section 4 of this appendix;
    (b) Figure 12 Notes, as specified in section 4 of this appendix.

0.3 ASHRAE 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.

0.4 IEC 62301

    (a) Paragraph 4.2 ``Test room'' 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) Paragraph 5.1, ``General,'' Note 1 as specified in section 4 
of this appendix;
    (e)Paragraph 5.2 ``Preparation of product,'' as specified in 
section 3 of this appendix;
    (f) Paragraph 5.3.2 ``Sampling method,'' as specified in section 
4 of this appendix;
    (g) Annex D, ``Determination of Uncertainty of Measurement,'' as 
specified in section 3 of this appendix.

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, unless 
otherwise specified.

2. Definitions

    Definitions for industry standards, terms, modes, calculations, 
etc. are in accordance with AHAM PAC-1-2022, section 4, with the 
following added definition:
    Annualized Energy Efficiency Ratio means the energy efficiency 
of a portable air conditioner as measured in accordance with this 
test procedure as the total annual cooling delivered divided by the 
total annual energy consumption in per watt-hours (Btu/Wh) and 
determined in section 5.4.

3. Test Apparatus and General Instructions

    Follow requirements and instructions for test conduct and test 
setup in accordance with AHAM PAC-1-2022, section 7, excluding 
section 7.1.3, including references to ASHRAE 37-2009, sections 5.1 
and 5.3, and IEC 62301 sections 4.2, 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.
    3.1 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 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.

4. Test Measurement

    Follow requirements for test conduct in active and inactive 
modes of operation in accordance with AHAM PAC-1-2022, section 8, 
except section 8.1.b, including references to sections 5.4, 6.2, 
6.3, 7.3, 7.7, 8.7, 9, 10, and 11 of ASHRAE 37-2009, referring to 
Figure 12 and Figure 12 Notes of ANSI/AMCA 210 to determine 
placement of

[[Page 31137]]

static pressure taps, and including references to ASHRAE 41.1-1986 
and ASHRAE 41.6-1994. When conducting cooling mode testing for a 
variable-speed dual-duct portable air conditioner, use test 
configurations 1C and 1E in Table 2 of AHAM PAC-1-2022. Conduct the 
first test in accordance with ambient conditions for test 
configuration 1C in Table 2 of AHAM PAC-1-2022, and measure cooling 
capacity (CapacityDD_95_Full) and input power 
(PDD_95_Full). Conduct the second test in accordance with 
the ambient conditions for test configuration 1E in Table 2 of AHAM 
PAC-1-2022, with the compressor speed set to low for the duration of 
cooling mode testing (in accordance with the manufacturer 
instructions as described in section 7.1.10), and measure cooling 
capacity (CapacityDD_83_Low) and input power 
(PDD_83_Low). 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. 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.

5. Calculation of Derived Results From Test Measurements

    Perform calculations from test measurements to determine 
Seasonally Adjusted Cooling Capacity (SACC) and Annualized Energy 
Efficiency Ratio (AEER) in accordance with AHAM PAC-1-2022, section 
9 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 (Capacity SD - 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

    For a dual-duct single-speed unit:

ACC95 = CapacityDD_95 -Qduct\DD_95 
- Qinfiltration_95
ACC83 = 0.5363 x (Capacity DD_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_\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.
    For a single-duct variable-speed unit, test configurations 2B 
and 2C in Table 2 of AHAM PAC-1-2022.
    For a dual-duct single-speed unit, test configurations 1A and 1B 
in Table 2 of AHAM PAC-1-2022.
    For a dual-duct variable-speed unit: test configurations 1C and 
1E in Table 2 of AHAM PAC-1-2022.

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, 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, 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.
    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.
    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.
    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.

    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 2A and 1B.
    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:

                     Table 1--Annual Operating Hours
------------------------------------------------------------------------
                                                        Annual operating
                    Operating mode                           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:

AECia/om = Pia/om x tia/om x k

    For a single-duct single-speed unit:

AEC95 = PSD\95 x tSD\95 x k
[GRAPHIC] [TIFF OMITTED] TR15MY23.012

    For a single-duct variable-speed unit:

AEC95 = PSD\Full x tSD\Full x k
AEC83 = PSD\Low x tSD\Low x k

    For a dual-duct single-speed unit:

AEC95 = PDD\95 x tDD\95 x k
[GRAPHIC] [TIFF OMITTED] TR15MY23.013

    For a dual-duct variable-speed unit:

AEC95 = PDD_95_Full x tDD_95_Full x 
k
AEC83 = PDD_83_Low x tDD_83_Low x k

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.
tm = number of annual operating time in each mode, in 
hours.

[[Page 31138]]

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 for single-duct units
0.77 = empirically-derived factor representing efficiency losses due 
to compressor cycling outside of fan operation for dual-duct units

    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, 
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, 
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 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 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, 
respectively, for single-duct variable-speed units,
--``oc'' corresponds to off-cycle,
--``ia/om'' corresponds to inactive or off mode,

    5.4 Annualized Cooling and Energy Ratio. Calculate the 
annualized energy efficiency ratio, AEER, in Btu/Wh, according to 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR15MY23.014

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 III.2
977 = number of annual hours spent in cooling mode and off-cycle 
mode at the 83 [deg]F operating condition, defined in section 5.3 of 
this appendix. 0.001 = kWh/Wh conversion factor for watt-hours to 
kilowatt-hours.


0
9. Amend Sec.  430.32 by revising paragraph (cc) to read as follows:


Sec.  430.32  Energy and water conservation standards and their 
compliance dates.

* * * * *
    (cc) Portable air conditioners. Single-duct portable air 
conditioners and dual-duct portable air conditioners manufactured on or 
after January 10, 2025 must have a combined energy efficiency ratio 
(CEER) in Btu/Wh no less than:
[GRAPHIC] [TIFF OMITTED] TR15MY23.015

    SACC: For single-speed portable air conditioners, SACC is 
seasonally adjusted cooling capacity in Btu/h, as determined in 
appendix CC of subpart B of this part. For variable-speed portable air 
conditioners, SACC shall be SACCFull in Btu/h, as determined 
in appendix CC of subpart B of this part.
* * * * *
[FR Doc. 2023-09755 Filed 5-12-23; 8:45 am]
 BILLING CODE 6450-01-P