Notice2023-23205
Energy Conservation Program: Notification of Petition for Waiver of Johnson Controls Inc. From the Department of Energy Central Air Conditioners and Heat Pumps Test Procedure and Notification of Grant of Interim Waiver
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 20, 2023
Issuing agencies
Energy Department
Abstract
This notification announces receipt of and publishes a petition for waiver and interim waiver from Johnson Controls Inc. ("JCI"), which seeks a waiver for specified basic models of central air conditioners ("CACs") and central air conditioning heat pumps ("HPs") (collectively, "CAC/HPs") from the U.S. Department of Energy ("DOE") test procedure used for determining the efficiency of CAC/HPs. According to JCI, testing its CAC/HP basic models that use variable-speed, oil-injected scroll compressors with only a 20-hour break-in period produces results unrepresentative of their true energy consumption characteristics, and would provide materially inaccurate comparative data. JCI requested that in lieu of the 20-hour break-in limit, it be permitted to test the specified CAC/HP basic models with a 72-hour break-in period. DOE also gives notification of an Interim Waiver Order that requires JCI to test and rate the specified CAC/HP basic models in accordance with the alternate test procedure set forth in the Interim Waiver Order. DOE solicits comments, data, and information concerning JCI's petition and its suggested alternate test procedure so as to inform DOE's final decision on JCI's waiver request.
Full Text
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<title>Federal Register, Volume 88 Issue 202 (Friday, October 20, 2023)</title>
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[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Notices]
[Pages 72449-72461]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23205]
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DEPARTMENT OF ENERGY
[Case Number 2023-005; EERE-2023-BT-WAV-0018]
Energy Conservation Program: Notification of Petition for Waiver
of Johnson Controls Inc. From the Department of Energy Central Air
Conditioners and Heat Pumps Test Procedure and Notification of Grant of
Interim Waiver
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notification of petition for waiver and grant of an interim
waiver; request for comments.
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SUMMARY: This notification announces receipt of and publishes a
petition for waiver and interim waiver from Johnson Controls Inc.
(``JCI''), which seeks a waiver for specified basic models of central
air conditioners (``CACs'') and central air conditioning heat pumps
(``HPs'') (collectively, ``CAC/HPs'') from the U.S. Department of
Energy (``DOE'') test procedure used for determining the efficiency of
CAC/HPs. According to JCI, testing its CAC/HP basic models that use
variable-speed, oil-injected scroll compressors with only a 20-hour
break-in period produces results unrepresentative of their true energy
consumption characteristics, and would provide materially inaccurate
comparative data. JCI requested that in lieu of the 20-hour break-in
limit, it be permitted to test the specified CAC/HP basic models with a
72-hour break-in period. DOE also gives notification of an Interim
Waiver Order that requires JCI to test and rate the specified CAC/HP
basic models in accordance with the alternate test procedure set forth
in the Interim Waiver Order. DOE solicits comments, data, and
information concerning JCI's petition and its suggested alternate test
procedure so as to inform DOE's final decision on JCI's waiver request.
DATES: Written comments and information are requested and will be
accepted on or before November 20, 2023.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a> under docket
number EERE-2023-BT-WAV-0018. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments,
identified by docket number EERE-2023-BT-WAV-0018, by any of the
following methods:
(1) Email: <a href="/cdn-cgi/l/email-protection#e9a38681879a8687aa86879d9b86859aaaa8aaa1b9dbd9dbdabea8bfd9d9d8d1a98c8cc78d868cc78e869f"><span class="__cf_email__" data-cfemail="23694c4b4d504c4d604c4d57514c4f506062606b73111311107462751313121b6346460d474c460d444c55">[email protected]</span></a>. Include the
case number [Case No. 2023-005] in the subject line of the message.
(2) Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
Petition for Waiver [Case No. 2023-005], 1000 Independence Avenue SW,
Washington, DC 20585-0121. If possible, please submit all items on a
compact disc (``CD''), in which case it is not necessary to include
printed copies.
(3) Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202)
287-1445. If possible, please submit all items on a CD, in which case
it is not necessary to include printed copies.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see the SUPPLEMENTARY INFORMATION section of this document.
Docket: The docket for this activity, which includes Federal
Register notices, public meeting attendee lists and transcripts (if a
public meeting is held), comments, and other supporting documents/
materials, is available for review at <a href="http://www.regulations.gov">www.regulations.gov</a>. All
documents in the docket are listed in the <a href="http://www.regulations.gov">www.regulations.gov</a> index.
However, not all documents listed in the index may be publicly
available, such as information that is exempt from public disclosure.
The docket web page can be found at <a href="http://www.regulations.gov/docket/EERE-2023-BT-WAV-0018">www.regulations.gov/docket/EERE-2023-BT-WAV-0018</a>. The docket web page contains instructions on how
to access all documents, including public comments, in the docket. See
below for information on how to submit comments through
<a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT:
Ms. Julia Hegarty, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, Mailstop
EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (240) 597-6737 Email: <a href="/cdn-cgi/l/email-protection#7a3b29252d1b130c1f0825281f0b0f1f090e3a1f1f541e151f541d150c"><span class="__cf_email__" data-cfemail="c786949890a6aeb1a2b59895a2b6b2a2b4b387a2a2e9a3a8a2e9a0a8b1">[email protected]</span></a>.
Mr. Peter Cochran, U.S. Department of Energy, Office of the General
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue
SW, Washington, DC 20585-0103. Telephone: (202) 586-9496. Email:
<a href="/cdn-cgi/l/email-protection#772712031205593418141f051619371f065913181259101801"><span class="__cf_email__" data-cfemail="0151647564732f426e626973606f4169702f656e642f666e77">[email protected]</span></a>.
[[Page 72450]]
SUPPLEMENTARY INFORMATION: DOE is publishing JCI's petition for waiver
in its entirety, pursuant to 10 CFR 430.27(b)(1)(iv).\1\ DOE is also
publishing the Interim Waiver Order granted to JCI, which serves as
notification of DOE's determination regarding JCI's petition for an
interim waiver, pursuant to 10 CFR 430.27(e)(3). DOE invites all
interested parties to submit in writing by November 20, 2023, comments
and information on all aspects of the petition, including the alternate
test procedure. Pursuant to 10 CFR 430.27(d), any person submitting
written comments to DOE must also send a copy of such comments to the
petitioner. The contact information for the petitioner is Chris Forth,
<a href="/cdn-cgi/l/email-protection#34575c465d471a591a525b46405c745e575d1a575b59"><span class="__cf_email__" data-cfemail="95f6fde7fce6bbf8bbf3fae7e1fdd5fff6fcbbf6faf8">[email protected]</span></a>, Johnson Controls Inc., 3110 N Mead St. Wichita,
KS 67219.
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\1\ The petition did not identify any of the information
contained therein as confidential business information.
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Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The
<a href="http://www.regulations.gov">www.regulations.gov</a> web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. If this instruction is followed, persons viewing comments will
see only first and last names, organization names, correspondence
containing comments, and any documents submitted with the comments.
Do not submit to <a href="http://www.regulations.gov">www.regulations.gov</a> information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through <a href="http://www.regulations.gov">www.regulations.gov</a> cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through <a href="http://www.regulations.gov">www.regulations.gov</a> before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that <a href="http://www.regulations.gov">www.regulations.gov</a>
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. If
you do not want your personal contact information to be publicly
viewable, do not include it in your comment or any accompanying
documents. Instead, provide your contact information on a cover letter.
Include your first and last names, email address, telephone number, and
optional mailing address. The cover letter will not be publicly
viewable as long as it does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
Faxes will not be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. According to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: one copy of the document marked
confidential including all the information believed to be confidential,
and one copy of the document marked ``non-confidential'' with the
information believed to be confidential deleted. Submit these documents
via email. DOE will make its own determination about the confidential
status of the information and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
Case Number 2023-005
Interim Waiver Order
I. Authority and Background
The Energy Policy and Conservation Act, as amended (``EPCA''),\2\
authorizes the U.S. Department of Energy (``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 of EPCA
\3\ established the Energy Conservation Program for Consumer Products
Other Than Automobiles, which sets forth a variety of provisions
designed to improve energy efficiency for certain types of consumer
products. These products include CAC/HPs, the subject of this document.
(42 U.S.C. 6292(a)(3))
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\2\ 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.
\3\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated as 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 include definitions (42 U.S.C. 6291), test
procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294),
energy conservation standards (42 U.S.C. 6295), and the authority to
require information and reports from manufacturers (42 U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for: (1)
certifying to DOE that their products comply with the applicable energy
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)),
and (2) making representations about the efficiency of that product (42
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to
determine whether the
[[Page 72451]]
product complies with relevant standards promulgated under EPCA. (42
U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE is required to follow when prescribing or amending test procedures
for covered products. EPCA requires that any test procedures prescribed
or amended under this section must be reasonably designed to produce
test results which reflect the energy efficiency, energy use or
estimated annual operating cost of a covered product during a
representative average use cycle or period of use and requires that
test procedures not be unduly burdensome to conduct. (42 U.S.C.
6293(b)(3)) The test procedure for CAC/HPs is contained in the Code of
Federal Regulations (``CFR'') at 10 CFR part 430, subpart B, appendix
M1, Uniform Test Method for Measuring the Energy Consumption of Central
Air Conditioners and Heat Pumps (``appendix M1'').
Under 10 CFR 430.27, any interested person may submit a petition
for waiver from DOE's test procedure requirements. DOE will grant a
waiver from the test procedure requirements if DOE determines either
that the basic model for which the waiver was requested contains a
design characteristic that prevents testing of the basic model
according to the prescribed test procedures, or that the prescribed
test procedures evaluate the basic model in a manner so
unrepresentative of its true energy consumption characteristics as to
provide materially inaccurate comparative data. 10 CFR 430.27(f)(2). A
petitioner must include in its petition any alternate test procedures
known to the petitioner to evaluate the performance of the product type
in a manner representative of the energy consumption characteristics of
the basic model. 10 CFR 430.27(b)(1)(iii). DOE may grant the waiver
subject to conditions, including adherence to alternate test
procedures. 10 CFR 430.27(f)(2).
As soon as practicable after the granting of any waiver, DOE will
publish in the Federal Register a notice of proposed rulemaking to
amend its regulations so as to eliminate any need for the continuation
of such waiver. 10 CFR 430.27(l) As soon thereafter as practicable, DOE
will publish in the Federal Register a final rule to that effect. Id.
The waiver process also provides that DOE may grant an interim
waiver if it appears likely that the underlying petition for waiver
will be granted and/or if DOE determines that it would be desirable for
public policy reasons to grant immediate relief pending a determination
on the underlying petition for waiver. 10 CFR 430.27(e)(3). Within one
year of issuance of an interim waiver, DOE will either: (i) publish in
the Federal Register a determination on the petition for waiver; or
(ii) publish in the Federal Register a new or amended test procedure
that addresses the issues presented in the waiver. 10 CFR 430.27(h)(1).
If the interim waiver test procedure methodology is different than
the decision and order test procedure methodology, certification
reports to DOE required under 10 CFR 429.12 and any representations
must be based on either of the two methodologies until 180 days after
the publication date of the decision and order. Thereafter,
certification reports and any representations must be based on the
decision and order test procedure methodology, unless otherwise
specified by DOE. 10 CFR 430.27(i)(1). When DOE amends the test
procedure to address the issues presented in a waiver, the waiver or
interim waiver will automatically terminate on the date on which use of
that test procedure is required to demonstrate compliance. 10 CFR
429.27(h)(3).
II. JCI's Petition for Waiver and Interim Waiver
On July 12, 2023, DOE received from JCI a petition for waiver and
interim waiver from the test procedure for CAC/HPs set forth at 10 CFR
part 430, subpart B, appendix M1.\4\ (JCI, No. 1 at pp. 1-10) \5\
Pursuant to 10 CFR 430.27(e)(1), DOE posted the petition on the DOE
website at: <a href="http://www.energy.gov/eere/buildings/current-test-procedure-waivers">www.energy.gov/eere/buildings/current-test-procedure-waivers</a>. The petition did not identify any of the information contained
therein as confidential business information.
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\4\ The specific basic models identified by JCI can be found in
the docket at <a href="http://www.regulations.gov/docket/EERE-2023-BT-WAV-0018">www.regulations.gov/docket/EERE-2023-BT-WAV-0018</a> and
is provided at the end of this document.
\5\ A notation in this form provides a reference for information
that is in the docket for this test procedure waiver (Docket No.
EERE-EERE-2023-BT-WAV-0018) (available at <a href="http://www.regulations.gov/document/EERE-2023-BT-WAV-0018-0001">www.regulations.gov/document/EERE-2023-BT-WAV-0018-0001</a>). This notation indicates that
the statement preceding the reference is document number 1 in the
docket and appears at pages 1-10 of that document.
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According to JCI, testing its CAC/HP basic models that use
variable-speed, oil-injected scroll compressors (``VSS systems'') with
only a 20-hour break-in period produces results unrepresentative of
their true energy consumption characteristics, and would provide
materially inaccurate comparative data. (JCI, No. 1 at p. 1) JCI
requested that in lieu of the 20-hour break-in limit, it be permitted
to test its VSS systems with a 72-hour break-in period. Id.
Consequently, JCI seeks to use an alternate test procedure to test and
rate specific CAC/HP basic models, which increases the break-in time
limit stipulated in section 3.1.7 of appendix M1. Id.
On March 23, 2018, DOE granted JCI a waiver from DOE's then
effective CAC/HP test procedure \6\ for these same basic models of VSS
systems, permitting them to test with a 72-hour break-in period. 83 FR
12735. DOE notes that the alternative test procedure requested by JCI
in this waiver petition for appendix M1 is identical to the alternative
test procedure included in the waiver it previously obtained under
appendix M.
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\6\ On January 1, 2023, use of appendix M1 became required for
any representations--including compliance certifications--made with
respect to the energy use, power, or efficiency of CAC/HPs. Prior to
January 1, 2023, such representations were required to be based on
the test procedure at appendix M to subpart B of 10 CFR part 430.
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JCI also requested an interim waiver from the existing DOE test
procedure, noting that DOE previously granted JCI an interim waiver
under appendix M regarding the allowable break-in period for these same
models in 2017.\7\ (JCI, No. 1 at pp. 7-8) Absent an interim waiver,
JCI asserted that its VSS systems will continue to be at a competitive
disadvantage on the market and consumers will continue to be exposed to
materially inaccurate information about the energy consumption
characteristics of its VSS systems. Id. As the circumstances
surrounding JCI's request for an interim waiver and the products and
models subject to the waiver have not changed, JCI asserted that an
identical interim waiver is warranted. Id. DOE will grant an interim
waiver if it appears likely that the petition for waiver will be
granted, and/or if DOE determines that it would be desirable for public
policy reasons to grant immediate relief pending a determination of the
petition for waiver. 10 CFR 430.27(e)(3).
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\7\ See 82 FR 43952 for DOE's notification of petition and grant
of interim waiver published on September 20, 2017.
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III. Requested Alternate Test Procedure
EPCA requires that manufacturers use DOE test procedures when
making representations about the energy consumption and energy
consumption costs of covered products. (42 U.S.C. 6293(c)) Consistency
is important when making representations about the energy efficiency of
covered products, including when demonstrating compliance with
applicable DOE energy conservation standards. Pursuant to 10 CFR
430.27, and after consideration of public comments on the petition, DOE
[[Page 72452]]
may establish in a subsequent Decision and Order an alternate test
procedure for the basic models addressed by the Interim Waiver Order.
JCI seeks to use an alternate test procedure to test and rate
specific CAC/HP basic models of VSS systems consistent with the waiver
it previously obtained for these same basic models under appendix M.\8\
(JCI, No. 1 at pp. 6-7) In its petition, JCI proposed to test and rate
its specified basic models according to the test procedure prescribed
by DOE at 10 CFR part 430, subpart B, appendix M1, except that the 20-
hour break-in period maximum in section 3.1.7 of appendix M1 be
replaced with a 72-hour maximum. Id. Under JCI's proposed alternative
test procedure, the following language would be used instead of section
3.1.7 of appendix M1:
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\8\ See 83 FR 12735.
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3.1.7 Test Sequence
Manufacturers may optionally operate the equipment under test for a
``break-in'' period, not to exceed 72 hours, prior to conducting the
test method specified in this section. A manufacturer who elects to use
this optional compressor break-in period in its certification testing
should record this information (including the duration) in the test
data underlying the certified ratings that are required to be
maintained under 10 CFR 429.71. When testing a ducted unit (except if a
heating-only heat pump), conduct the A or A<INF>2</INF> Test first to
establish the cooling full-load air volume rate. For ducted heat pumps
where the heating and cooling full-load air volume rates are different,
make the first heating mode test one that requires the heating full-
load air volume rate. For ducted heating-only heat pumps, conduct the
H1 or H1<INF>2</INF> Test first to establish the heating full-load air
volume rate. When conducting a cyclic test, always conduct it
immediately after the steady-state test that requires the same test
conditions. For variable-speed systems, the first test using the
cooling minimum air volume rate should precede the E<INF>v</INF> Test,
and the first test using the heating minimum air volume rate must
precede the H2<INF>v</INF> Test. The test laboratory makes all other
decisions on the test sequence.
IV. Interim Waiver Order
DOE has reviewed JCI's application for an interim waiver, the
alternate test procedure requested by JCI, and the test data provided
by JCI.
DOE tentatively agrees that the circumstances surrounding JCI's
request for an interim waiver and the products and models subject to
the waiver have not changed since the granting of a similar waiver for
testing to appendix M. Specifically, DOE has tentatively determined
that the test data provided by JCI demonstrates that the specified VSS
system models that are the subject of the waiver have compressors that
may require more than the 20 hours of break-in time allowed by appendix
M1. The oil injected into the oil-injected scroll compressors increases
the coverage of the viscous oil layer between mating surfaces of the
scroll. This is presumably its purpose, i.e., to provide additional
sealing in the gaps of the mating surfaces to improve compressor
volumetric efficiency (relationship between displacement rate and
volume flow rate of refrigerant drawn into the compressor). By
enhancing this oil layer, the direct contact between irregularities in
the surfaces may also be reduced, which would slow the wearing process
that smooths out these irregularities, which is the break-in process.
For this reason, oil injected compressors are expected to require
additional break-in time.
DOE understands that absent a waiver, JCI's products cannot be
tested and rated for energy consumption on a basis representative of
their true energy consumption characteristics. DOE has initially
determined that the alternate test procedure appears to allow for the
accurate measurement of the energy efficiency of the specified basic
models, while alleviating the testing problems cited by JCI in
implementing the DOE test procedure for these basic models.
Consequently, DOE has determined that JCI's petition for waiver likely
will be granted. Furthermore, DOE has determined that it is desirable
for public policy reasons to grant JCI immediate relief pending a
determination of the petition for waiver.
For the reasons stated, it is ordered that:
(1) JCI must test and rate the following CAC/HP basic models that
use certain variable-speed, oil-injected scroll compressors with the
alternate test procedure set forth in paragraph (2).
----------------------------------------------------------------------------------------------------------------
Fraser-
York Coleman Luxaire Johnston Champion
----------------------------------------------------------------------------------------------------------------
Air Conditioners............................... YXV24B21 AC21B2421 AL21B2421 AL21B2421 AL21B2421
YXV36B21 AC21B3621 AL21B3621 AL21B3621 AL21B3621
YXV48B21 AC21B4821 AL21B4821 AL21B4821 AL21B4821
YXV60B21 AC21B6021 AL21B6021 AL21B6021 AL21B6021
Heat Pumps..................................... YZV24B21 HC20B2421 HL20B2421 HL20B2421 HL20B2421
YZV36B21 HC20B3621 HL20B3621 HL20B3621 HL20B3621
YZV48B21 HC20B4821 HL20B4821 HL20B4821 HL20B4821
YZV60B21 HC20B6021 HL20B6021 HL20B6021 HL20B6021
----------------------------------------------------------------------------------------------------------------
(2) The alternate test procedure for the JCI basic models
identified in paragraph (1) of this Interim Waiver Order is the test
procedure for CAC/HPs prescribed by DOE at 10 CFR 430, subpart B,
appendix M1 except that the maximum duration of the break-in period is
increased from 20 hours to 72 hours, as detailed below. All other
requirements of appendix M1 and DOE's regulations remain applicable.
In 3.1.7, Test Sequence, test using these instructions:
Manufacturers may optionally operate the equipment under test for a
``break-in'' period, not to exceed 72 hours, prior to conducting the
test method specified in this section. A manufacturer who elects to use
this optional compressor break-in period in its certification testing
should record this information (including the duration) in the test
data underlying the certified ratings that are required to be
maintained under 10 CFR 429.71. When testing a ducted unit (except if a
heating-only heat pump), conduct the A or A<INF>2</INF> Test first to
establish the cooling full-load air volume rate. For ducted heat pumps
where the heating and cooling full-load air volume rates are different,
make the first heating mode test one that requires the heating full-
load air volume rate. For ducted heating-only heat pumps, conduct the
H1 or H1<INF>2</INF> Test first to
[[Page 72453]]
establish the heating full-load air volume rate. When conducting a
cyclic test, always conduct it immediately after the steady-state test
that requires the same test conditions. For variable-speed systems, the
first test using the cooling minimum air volume rate should precede the
E<INF>v</INF> Test, and the first test using the heating minimum air
volume rate must precede the H2<INF>v</INF> Test. The test laboratory
makes all other decisions on the test sequence.
(3) Representations. JCI may not make representations about the
efficiency of a basic model listed in paragraph (1) of this Interim
Waiver Order for compliance, marketing, or other purposes unless that
basic model has been tested in accordance with the provisions set forth
in this alternate test procedure and such representations fairly
disclose the results of such testing.
(4) This Interim Waiver Order shall remain in effect according to
the provisions of 10 CFR 430.27.
(5) This Interim Waiver Order is issued on the condition that the
statements, representations, test data, and documentary materials
provided by JCI are valid. If JCI makes any modifications to the
controls or configurations of a basic model subject to this Interim
Waiver Order, such modifications will render the waiver invalid with
respect to that basic model, and JCI will either be required to use the
current Federal test method or submit a new application for a test
procedure waiver. DOE may rescind or modify this waiver at any time if
it determines the factual basis underlying the petition for the Interim
Waiver Order is incorrect, or the results from the alternate test
procedure are unrepresentative of the basic model's true energy
consumption characteristics. 10 CFR 430.27(k)(1). Likewise, JCI may
request that DOE rescind or modify the Interim Waiver Order if JCI
discovers an error in the information provided to DOE as part of its
petition, determines that the interim waiver is no longer needed, or
for other appropriate reasons. 10 CFR 430.27(k)(2).
(6) Issuance of this Interim Waiver Order does not release JCI from
the applicable requirements set forth at 10 CFR part 429.
DOE makes decisions on waivers and interim waivers for only those
basic models specifically set out in the petition, not future models
that may be manufactured by the petitioner. JCI may submit a new or
amended petition for waiver and request for grant of interim waiver, as
appropriate, for additional basic models of CAC/HPs. Alternatively, if
appropriate, JCI may request that DOE extend the scope of a waiver or
an interim waiver to include additional basic models employing the same
technology as the basic model(s) set forth in the original petition
consistent with 10 CFR 430.27(g).
Signing Authority
This document of the Department of Energy was signed on October 16,
2023 by Jeffrey Marootian, Principal Deputy Assistant Secretary for
Energy Efficiency and Renewable Energy, pursuant to delegated authority
from the Secretary of Energy. That document with the original signature
and date is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on October 17, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
BILLING CODE 6450-01-P
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[FR Doc. 2023-23205 Filed 10-19-23; 8:45 am]
BILLING CODE 6450-01-C
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</html>Indexed from Federal Register on October 20, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.