80_FR_37261 80 FR 37136 - Energy Conservation Program: Test Procedures for Packaged Terminal Air Conditioners and Packaged Terminal Heat Pumps

80 FR 37136 - Energy Conservation Program: Test Procedures for Packaged Terminal Air Conditioners and Packaged Terminal Heat Pumps

DEPARTMENT OF ENERGY

Federal Register Volume 80, Issue 125 (June 30, 2015)

Page Range37136-37149
FR Document2015-15885

On March 13, 2014, the U.S. Department of Energy (DOE) issued a notice of proposed rulemaking (NOPR) to amend the test procedures for packaged terminal air conditioners (PTACs) and packaged terminal heat pumps (PTHPs). That NOPR serves as the basis for this final rule regarding the test method for PTACs and PTHPs. The amendments adopted here do not affect measured energy use. These changes incorporate by reference certain sections of the latest versions of industry test procedures AHRI Standard 310/380-2014, ANSI/ASHRAE Standard 16-1983 (RA 2014), ANSI/ASHRAE Standard 37-2009, and ANSI/ASHRAE Standard 58-1986 (RA 2014), and specify additional testing provisions that must be followed including an optional break-in period, require that cooling capacity tests be conducted using electricity measuring instruments accurate to +/- 0.5% of reading, explicitly require that wall sleeves be sealed, allow for the pre-filling of the condensate drain pan, and require testing with 14-inch deep wall sleeves and the filter option most representative of a typical installation.

Federal Register, Volume 80 Issue 125 (Tuesday, June 30, 2015)
[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Rules and Regulations]
[Pages 37136-37149]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15885]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[Docket No. EERE-2012-BT-TP-0032]
RIN 1904-AD19


Energy Conservation Program: Test Procedures for Packaged 
Terminal Air Conditioners and Packaged Terminal Heat Pumps

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Final rule.

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SUMMARY: On March 13, 2014, the U.S. Department of Energy (DOE) issued 
a notice of proposed rulemaking (NOPR) to amend the test procedures for 
packaged terminal air conditioners (PTACs) and packaged terminal heat 
pumps (PTHPs). That NOPR serves as the basis for this final rule 
regarding the test method for PTACs and PTHPs. The amendments adopted 
here do not affect measured energy use. These changes incorporate by 
reference certain sections of the latest versions of industry test 
procedures AHRI Standard 310/380-2014, ANSI/ASHRAE Standard 16-1983 (RA 
2014), ANSI/ASHRAE Standard 37-2009, and ANSI/ASHRAE Standard 58-1986 
(RA 2014), and specify additional testing provisions that must be 
followed including an optional break-in period, require that cooling 
capacity tests be conducted using electricity measuring instruments 
accurate to +/- 0.5% of reading, explicitly require that wall sleeves 
be sealed, allow for the pre-filling of the condensate drain pan, and 
require testing with 14-inch deep wall sleeves and the filter option 
most representative of a typical installation.

DATES: The effective date of this rule is July 30, 2015. The final rule 
changes will be mandatory for representations starting June 24, 2016. 
The incorporation by reference of certain publications listed in this 
rule was approved by the Director of the Federal Register as of July 
30, 2015.

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, some documents listed in the index, such as those 
containing information that is exempt from public disclosure, may not 
be publicly available.
    A link to the docket Web page can be found at: http://www.regulations.gov/#!docketDetail;D=EERE-2012-BT-TP-0032. This Web 
page will contain a link to the docket for this notice on the 
regulations.gov site. The regulations.gov Web page will contain simple 
instructions on how to access all documents, including public comments, 
in the docket.
    For further information on how to review the docket, contact Ms. 
Brenda Edwards at (202) 586-2945 or by email: 
Brenda.Edwards@ee.doe.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Ronald Majette, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-5B, 1000 Independence Avenue SW., Washington, 
DC 20585-0121. Telephone: (202) 586-7935. Email: PTACs@ee.doe.gov.
    Jennifer Tiedeman, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 287-6111. Email: Jennifer.Tiedeman@hq.doe.gov.

SUPPLEMENTARY INFORMATION: This final rule incorporates by reference 
into Part 431 the following industry standards:
    (1) AHRI Standard 310/380-2014 (``AHRI 310/380-2014''), (Supersedes 
ANSI/AHRI 310/380-2004), ``Standard for Packaged Terminal Air-
Conditioners and Heat Pumps,'' published February 2014.
    (2) ANSI/ASHRAE Standard 16-1983 (RA 2014), (``ANSI/ASHRAE 16''), 
``Method of Testing for Rating Room Air Conditioners and Packaged 
Terminal Air Conditioners,'' ASHRAE reaffirmed July 3, 2014.
    (3) ANSI/ASHRAE Standard 58-1986 (RA 2014), (``ANSI/ASHRAE 58''), 
``Method of Testing for Rating Room Air-Conditioner and Packaged 
Terminal Air-Conditioner Heating Capacity,'' ASHRAE reaffirmed July 3, 
2014.
    (4) ANSI/ASHRAE Standard 37-2009, (``ANSI/ASHRAE 37'') (Supersedes 
ANSI/ASHRAE Standard 37-2005), ``Methods of Testing for Rating 
Electrically Driven Unitary Air-Conditioning and Heat Pump Equipment,'' 
ASHRAE approved June 20, 2009; ANSI approved June 25, 2009.
    You can obtain copies of AHRI standards from the Air-Conditioning, 
Heating, and Refrigeration Institute, 2111 Wilson Boulevard, Suite 500, 
Arlington, VA 22201, 703-524-8800, or www.ahrinet.org. You can obtain 
copies of ASHRAE standards from the American Society of Heating, 
Refrigerating and Air-Conditioning Engineers, 1791 Tullie Circle, NE. 
Atlanta, GA 30329, 404-636-8400, or www.ashrae.org.

Table of Contents

I. Authority and Background
    A. General Test Procedure Rulemaking Process
    B. DOE PTAC and PTHP Test Procedures
II. Summary of the Final Rule
III. Discussion
    A. Break-In Duration
    B. Wall Sleeve Sealing
    C. Pre-Filling Condensate Drain Pan
    D. ANSI/ASHRAE 16 vs. ANSI/ASHRAE 37
    E. AHRI Standard 310/380-2014 and Reaffirmed ASHRAE Standards
    F. Wall Sleeve Size and Filter Requirements for Testing
    G. Barometric Pressure Correction
    H. Part-Load Efficiency Metric and Varying Ambient Conditions
    I. Cooling Capacity Verification
    J. Additional Comments
    K. Compliance Date of the Test Procedure Amendments
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995

[[Page 37137]]

    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Description of Materials Incorporated by Reference
    N. Congressional Notification
    O. Approval of the Office of the Secretary

I. Authority and Background

    Title III, Part C \1\ of the Energy Policy and Conservation Act of 
1975 (EPCA or ``the Act''), Public Law 94-163 (42 U.S.C. 6291-6309, as 
codified), added by Public Law 95-619, Title IV, section 441(a), 
established the Energy Conservation Program for Certain Industrial 
Equipment.\2\ This equipment includes packaged terminal air 
conditioners (PTACs) and packaged terminal heat pumps (PTHPs), the 
subjects of this document.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the American Energy Manufacturing Technical 
Corrections Act (AEMTCA), Pub. L. 112-210 (Dec. 18, 2012).
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    Under EPCA, the energy conservation program consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. 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, and (2) making representations about the efficiency 
of those products. Similarly, DOE must use these test procedures to 
determine whether the products comply with any relevant standards 
promulgated under EPCA.

A. General Test Procedure Rulemaking Process

    Under 42 U.S.C. 6314, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered equipment. EPCA provides that any test procedure 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 industrial equipment (or class thereof) during a 
representative average use cycle or period of use and shall not be 
unduly burdensome to conduct. (42 U.S.C. 6314(a)(2))
    In addition, if DOE determines that a test procedure amendment is 
warranted, it must publish a proposed test procedure and offer the 
public an opportunity to present oral and written comments on them. (42 
U.S.C. 6314(b)) Finally, in any rulemaking to amend a test procedure, 
DOE must determine to what extent, if any, the proposed test procedure 
would alter the measured energy efficiency of any covered equipment as 
determined under the existing test procedure. (42 U.S.C. 6314(a)(4))

B. DOE PTAC and PTHP Test Procedures

    DOE's test procedures for PTACs and PTHPs are codified at Title 10 
of the Code of Federal Regulations (CFR) section 431.96. The test 
procedures were established on December 8, 2006, in a final rule that 
incorporated by reference the American National Standards Institute's 
(ANSI) and Air-Conditioning, Heating, and Refrigeration Institute's 
(AHRI) Standard 310/380-2004, ``Standard for Packaged Terminal Air-
Conditioners and Heat Pumps'' (``ANSI/AHRI 310/380-2004''). 71 FR 
71340, 71371. ANSI/AHRI 310/380-2004 is incorporated by reference at 10 
CFR 431.95(a)(3) and it references (1) the ANSI and American Society of 
Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Standard 
16-1983 (RA 99), ``Method of Testing for Rating Room Air Conditioners 
and Packaged Terminal Air Conditioners'' (``ANSI/ASHRAE 16''); (2) 
ANSI/ASHRAE Standard 58-1986 (RA 99), ``Method of Testing for Rating 
Room Air-Conditioner and Packaged Terminal Air-Conditioner Heating 
Capacity'' (``ANSI/ASHRAE 58''); and (3) ANSI/ASHRAE Standard 37-1988, 
``Methods of Testing for Rating Electrically Driven Unitary Air-
Conditioning and Heat Pump Equipment'' (``ANSI/ASHRAE 37'').
    On May 16, 2012, DOE published a final rule for commercial heating, 
air-conditioning, and water-heating equipment (``ASHRAE equipment''), 
which included amendments to the test procedures for PTACs and PTHPs. 
These amendments incorporated a number of sections of ANSI/AHRI 310/
380-2004 by reference. 77 FR 28928, 28990.
    On February 22, 2013, DOE published a notice of public meeting and 
availability of framework document to consider potential amendment of 
energy conservation standards for PTACs and PTHPs (``February 2013 
Framework Document''). 78 FR 12252. In the February 2013 Framework 
Document, DOE sought comments on issues pertaining to the test 
procedures for PTACs and PTHPs, including equipment break-in, wall 
sleeve sealing, pre-filling the condensate drain pan, barometric 
pressure correction, and differences between the test methods of ANSI/
ASHRAE 16 and ANSI/ASHRAE 37. In response to the February 2013 
Framework Document, interested parties provided comments responding to 
the requests for comment regarding test procedure issues.
    On February 26, 2013, members of the Appliance Standards and 
Rulemaking Federal Advisory Committee (ASRAC) unanimously decided to 
form a working group to engage in a negotiated rulemaking effort on the 
certification of commercial heating, ventilation, and air conditioning 
(HVAC) equipment (10 CFR part 431, subparts D, E and F), water heating 
(WH) equipment (10 CFR part 431, subpart G), and refrigeration 
equipment (10 CFR part 431, subpart C). A notice of intent to form the 
Commercial Certification Working Group (``Working Group'') was 
published in the Federal Register on March 12, 2013. DOE received 35 
nominations for the Working Group. 78 FR 15653. On April 16, 2013, the 
Department published a notice of open meeting that announced the first 
meeting and listed the 22 nominees DOE selected to serve as members of 
the Working Group along with two members from ASRAC and one DOE 
representative. 78 FR 22431. Following a series of open meetings, the 
Working Group published a set of recommendations, and DOE issued the 
Certification of Commercial HVAC, WH, and Refrigeration Equipment NOPR 
(``Certification of Commercial Equipment NOPR'') on February 14, 2014 
summarizing the Working Group's recommendations for certification 
requirements. 79 FR 8886. The group recommended a number of test 
procedure items related to PTACs and PTHPs that were not proposed in 
the Certification of Commercial Equipment NOPR, including 1) a proposal 
for a standardized wall sleeve to be used during testing, and 2) a 
proposal for a standardized filter for testing, both of which are 
discussed in this final rule.
    In February 2014, AHRI published AHRI Standard 310/380-2014, 
``Standard for Packaged Terminal Air-Conditioners and Heat Pumps,'' 
(``AHRI 310/380-2014''), which updates and supersedes the ANSI/AHRI 
310/380-2004 referenced by the current test procedure.

[[Page 37138]]

    On March 13, 2014, DOE published a NOPR (``March 2014 NOPR'') 
proposing amendments to the DOE PTAC and PTHP test procedures (10 CFR 
431, Subpart F), specifically to specify an optional break-in period, 
explicitly require that wall sleeves be sealed, allow for the pre-
filling of the condensate drain pan, require that the cooling capacity 
for PTACs and PTHPs be determined by testing pursuant to ANSI/ASHRAE 
16, and require testing with 14-inch deep wall sleeves and the filter 
option most representative of a typical installation. 79 FR 14186. DOE 
held a public meeting on April 28, 2014, to hear oral comments on and 
solicit information relevant to the March 2014 NOPR.
    On July 3, 2014, ASHRAE reaffirmed ANSI/ASHRAE 16 and ANSI/ASHRAE 
58 and republished the standards to correct errata that existed in 
previous versions. These errata corrections do not change the 
procedures. The reaffirmed 2014 versions of ANSI/ASHRAE 16 and ANSI/
ASHRAE 58 are not referenced by the updated AHRI Standard 310/380-2014 
test procedure published in February 2014.
    With respect to this rulemaking, DOE determined that none of the 
adopted amendments change the measured energy use of PTACs and PTHPs 
when compared to the current test procedures. (42 U.S.C. 6314(a)(4); 10 
CFR 431.96)
    This final rule fulfills DOE's obligation to periodically review 
its test procedures for all covered equipment, including PTACs and 
PTHPs, at least once every 7 years and either amend the applicable test 
procedures or publish a determination in the Federal Register not to 
amend them. (42 U.S.C. 6314(a)(1))

II. Summary of the Final Rule

    In this final rule, DOE amends the test procedures for PTACs and 
PTHPs in 10 CFR 431, Subpart F, to reference certain sections of the 
industry test procedures AHRI 310/380-2014, ANSI/ASHRAE Standard 16-
1983 (RA 2014), ANSI/ASHRAE 37-2009, and ANSI/ASHRAE 58-1986 (RA 2014), 
and to specify an optional break-in period, explicitly require that 
wall sleeves be sealed, allow for the pre-filling of the condensate 
drain pan, require that measurements of cooling capacity be conducted 
using electrical instruments accurate to +/-0.5% of reading, and 
require testing with 14-inch deep wall sleeves and the filter option 
most representative of a typical installation.
    The amendments explicitly allow PTAC and PTHP manufacturers the 
option of using a break-in period (up to 20 hours) before conducting 
the test procedures. In this regard, DOE adds AHRI 310/380-2014 to the 
list of commercial air-conditioner standards at 10 CFR 431.96(c), which 
currently provides an optional break-in period of up to 20 hours for 
other commercial air-conditioner equipment types. Any PTAC or PTHP 
manufacturer that elects to use a break-in period must certify the 
duration of the break-in period it used for each basic model in the 
certification report for such basic models. DOE will use the same 
break-in period for any DOE-initiated testing as the manufacturer used 
in its certified ratings. In the case an alternate efficiency 
determination method (AEDM) is used to develop the certified ratings, 
DOE will use the maximum 20-hour break-in period, which will provide 
the unit sufficient time to stabilize and achieve optimal performance.
    The amended test method requires that, as part of the set-up for 
testing, testers seal gaps between wall sleeves and the test facility 
dividing wall. This requires the PTAC or PTHP wall sleeve to be sealed 
per manufacturer specifications as provided in the installation manual 
or, if none, by using a standard sealing method.
    The amended test method allows pre-filling of the condensate drain 
pan with water before running the DOE test procedures. This amendment 
allows the unit to reach steady state more quickly, which may decrease 
the burden and cost of testing.
    In the March 2014 NOPR, DOE proposed to modify the test procedures 
to require ANSI/ASHRAE 16 as the test method for measuring the cooling 
capacity of PTACs and PTHPs. 79 FR at 14190-91 (March 13, 2014). The 
proposal would have disallowed testing to determine cooling capacity by 
psychrometric testing in accordance with ANSI/ASHRAE 37, which is 
currently allowed by the DOE test procedures. Interested parties 
commented that the differences in test results between ANSI/ASHRAE 16 
and ANSI/ASHRAE 37 are small, and provided data to support their 
claims. Interested parties also commented that the requirement of a 
calorimetric test using ANSI/ASHRAE 16 places additional burdens on 
manufacturers in the form of significant capital expenditures to 
construct test facilities compliant with ANSI/ASHRAE 16. Based on these 
comments, DOE determined that disallowing psychrometric testing (such 
as that conducted using ANSI/ASHRAE 37) would place additional burden 
on manufacturers. As a result, in this final rule, DOE does not require 
the use of ANSI/ASHRAE 16 as the sole test method acceptable for 
measuring the cooling capacity of PTACs and PTHPs.
    The amended test method requires that measurements of cooling 
capacity be conducted using electricity measuring instruments accurate 
to +/- 0.5% of reading. DOE believes this tighter requirement for 
electricity measurement accuracy will help to ensure consistency 
between tests conducted using ANSI/ASHRAE 16 and ANSI/ASHRAE 37, which 
have differing requirements for electrical instrumentation accuracy. 
Section 5.4.2 of ANSI/ASHRAE 16 requires that instruments for measuring 
electrical inputs be accurate to +/- 0.5% of the quantity measured, 
while section 5.4.2 of ANSI/ASHRAE 37 requires accuracy to +/- 2.0% of 
the quantity measured, which represents allowing up to 1.5% greater 
uncertainty in measurements of input power and efficiency. The 
amendment requiring +/- 0.5% accuracy is consistent with the March 2014 
NOPR proposal to require use of ANSI/ASHRAE 16 as the sole test method 
acceptable for measuring the cooling capacity of equipment.
    The amended test method requires testing using a 14-inch deep wall 
sleeve and the air filter that is shipped with the tested unit. If no 
filter is supplied with the unit, the amended test procedures require 
testing using an off-the-shelf filter rated at Minimum Efficiency 
Reporting Value (MERV)-1. These amendments remove testing variability 
resulting from the use of non-standard accessories.
    DOE prefers to reference the most recent industry standards, where 
possible. Therefore, this final rule updates the DOE test procedures 
for PTACs and PTHPs to reference AHRI 310/380-2014 instead of the 
superseded ANSI/AHRI 310/380-2004. DOE also incorporates by reference 
the recently updated ANSI/ASHRAE 16-1983 (RA 2014) and ANSI/ASHRAE 58-
1986 (RA 2014), as well as the 2009 version of ANSI/ASHRAE 37. The 
amended test procedure directly incorporates by reference these three 
ASHRAE standards, allowing use of ANSI/ASHRAE 16-2014 or ANSI-ASHRAE 
37-2009 for determination of cooling mode ratings and ANSI/ASHRAE 58-
2014 for determination of heating mode ratings.
    DOE determined that these changes to the PTAC and PTHP test 
procedures do not result in any additional burden to manufacturers or 
result in any changes to the current measured energy efficiency of 
covered equipment. Rather, the changes provide additional

[[Page 37139]]

clarification regarding how to conduct the DOE test procedures.

III. Discussion

A. Break-In Duration

    Break-in, also called run-in, refers to the operation of equipment 
prior to testing to cause preliminary wear in the compressor, which may 
improve measured performance. DOE understands that many labs commonly 
incorporate a break-in period before the start of efficiency tests for 
air conditioning equipment. DOE's May 16, 2012 final rule for ASHRAE 
equipment added a specification in the test procedures for several 
types of commercial air conditioning and heating equipment that allows 
an optional break-in period of up to 20 hours and requires that 
manufacturers record the duration of the break-in period. The May 16, 
2012 final rule included amendments to the test procedures for PTACs 
and PTHPs. However, DOE did not apply this optional break-in period 
provision to PTACs or PTHPs in the May 16, 2012 final rule. 77 FR 
28928, 28991.
    In the March 2014 NOPR, DOE proposed to allow an optional break-in 
period of up to 20 hours applicable to testing of PTACs and PTHPs. DOE 
also proposed to add a certification reporting requirement to indicate 
the duration of the break-in period for tests used to support 
certification. DOE requested comments on these proposals and, if 
commenters supported longer break-in periods, data demonstrating that 
longer break-in periods make a significant impact on efficiency 
measurements for this equipment. 79 FR at 14188-89 (March 13, 2014).
    In response, AHRI commented that a break-in period is necessary, 
but recommended that the break-in period be a minimum of 24 hours and a 
maximum of 72 hours to provide for more consistent and accurate 
efficiency measurements. (AHRI, No. 8 at p. 1) \3\ The California 
Investor Owned Utilities \4\ (CA IOUs) supported DOE's proposal to 
amend the DOE test procedures to include an optional break-in period. 
(CA IOUs, No. 9 at p. 3) The CA IOUs indicated that they would support 
AHRI in using a longer break in period if it would provide a better 
indication of equipment's steady state performance. (CA IOUs, Public 
Meeting Transcript, No. 5 at p. 17) \5\ Goodman Manufacturing Company 
(Goodman) requested that DOE allow a break-in time of up to 72 hours 
(instead of up to 20 hours, as DOE proposed) and cited two research 
papers describing the break-in behavior of scroll compressors in 
support of its request.6 7 DOE examined these papers and 
observed that the conclusions presented in the papers comparing the 
changes in unit efficiency (as measured by the energy efficiency ratio, 
or EER) to break-in time are based on analytical models of compressor 
wear rather than actual test data. DOE notes that the conference paper 
authored by H.E. Khalifa \7\ provides a caveat alongside its data, 
stating that it is not advisable to apply the data to compare different 
families of compressors (e.g., scroll compressors versus rotary 
compressors) or different designs of equipment.\8\ As Goodman noted in 
its comment presenting these studies, the data in this conference paper 
pertain to scroll compressors, which are not used in PTAC and PTHP 
applications. As such, DOE does not view the papers as evidence that 
break-in periods exceeding 20 hours provide additional efficiency 
improvements for PTAC or PTHP equipment. DOE has not found evidence 
that break-in periods exceeding 20 hours increase the tested efficiency 
measurements for a PTAC or PTHP. A maximum break-in period of 20 hours 
will align the break-in provision for PTAC and PTHP equipment with 
other commercial air conditioners and heat pumps. DOE does not believe 
that the request for a 72-hour break-in period has been adequately 
justified with data showing the effect of a longer break-in period on 
PTAC and PTHP equipment.
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    \3\ A notation in the form ``AHRI, No. 8 at p. 1'' identifies a 
written comment that DOE received and has included in the docket of 
DOE's ``Energy Conservation Test Procedures for Packaged Terminal 
Air Conditioners and Packaged Terminal Heat Pumps'' (Docket No. 
EERE-2012-BT-TP-0032), which is maintained at www.regulations.gov. 
This particular notation refers to a comment: (1) Submitted by AHRI; 
(2) filed as document number 8 of the docket, and (3) appearing on 
page 1 of that document.
    \4\ The CA IOUs are comprised of Pacific Gas and Electric 
Company, Southern California Gas Company, Southern California 
Edison, and San Diego Gas and Electric Company.
    \5\ A notation in the form ``CA IOUs, Public Meeting Transcript, 
No. 5 at p. 17'' identifies a comment that DOE received during a 
public meeting and has included in the docket of DOE's ``Energy 
Conservation Test Procedures for Packaged Terminal Air Conditioners 
and Packaged Terminal Heat Pumps'' (Docket No. EERE-2012-BT-TP-
0032). This particular notation refers to a comment: (1) Submitted 
by the CA IOUs; (2) transcribed from the public meeting in document 
number 5 of the docket, and (3) appearing on page 17 of that 
document.
    \6\ Sundaresan, S. G., ``Evaluation of Lubricants for R410A/
R407C Applications in Scroll Compressor'' (1998). International 
Compressor Engineering Conference. Paper 1210. Available at: http://docs.lib.purdue.edu/icec/1210.
    \7\ Khalifa, H. E., ``Break-in Behavior of Scroll Compressors'' 
(1996). International Compressor Engineering Conference. Paper 1145. 
Available at: http://docs.lib.purdue.edu/icec/1145.
    \8\ Ibid. p. 444.
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    Therefore, in this final rule, DOE adds PTACs and PTHPs to the list 
of commercial air-conditioning and heating equipment for which a break-
in period of up to 20 hours prior to testing is allowed.
    DOE did not receive any comments on its related proposal to add a 
certification reporting requirement to indicate the duration of the 
break-in period. Thus, DOE requires manufacturers to provide the 
duration of the break-in period used during testing to support the 
development of the certified ratings in the certification report. As 
such, DOE modifies the certification requirements for PTACs and PTHPs 
that were proposed on February 14, 2014 (79 FR 8886, 8900) to require 
the manufacturer to include the break-in period in the certification 
report. DOE notes that manufacturers must maintain records underlying 
their certified rating, which must reflect this optional break-in 
period duration pursuant to 10 CFR 429.71.

B. Wall Sleeve Sealing

    PTACs and PTHPs are tested in a testing facility incorporating a 
room simulating indoor conditions and a room simulating outdoor ambient 
conditions. The rooms are separated by a dividing wall with an opening 
through which a wall sleeve is mounted to hold the test sample. In most 
cases, the wall sleeve and test sample are placed in the opening, and 
any remaining gaps between the dividing wall and the wall sleeve around 
the unit are filled with insulating material. Under the current test 
procedures, the gaps between the wall sleeve and the dividing wall may 
also be sealed with duct tape. Regarding sealing for air leakage, ANSI/
ASHRAE 16 states, ``Interior surfaces of the calorimeter compartments 
shall be of nonporous material with all joints sealed against air and 
moisture leakage.'' (Section 4.2.8). This statement does not explicitly 
require that gaps between the wall and the test sample's wall sleeve be 
sealed.
    ANSI/ASHRAE 16 also states, ``The air conditioner shall be 
installed in a manner similar to its normal installation'' (Section 
4.2.2). In normal practice, PTACs and PTHPs are installed within wall 
sleeves that are permanently installed and sealed to the external wall 
of a building. However, the set-up of the DOE test procedures does not 
allow for the permanent installation of wall sleeves in the partition 
cavity. Thus, during testing, the wall sleeve is not necessarily air-
sealed to the wall as it would be in a

[[Page 37140]]

normal installation in the field. Air leakage between the outdoor and 
indoor rooms through gaps between the wall sleeve and the dividing wall 
can reduce the measured capacity and efficiency, contributing to test 
results unrepresentative of field operation.
    In the March 2014 NOPR, DOE proposed to require that test 
facilities, when installing PTACs and PTHPs in the test chamber, seal 
all potential leakage gaps between the wall sleeve and the dividing 
wall. DOE sought comments on the sealing of PTAC and PTHP wall sleeves 
to the test facility dividing wall, including whether the type or 
method of sealing (e.g., duct tape) should be specified, and whether a 
test could be developed that, with reasonably low test burden, could be 
performed to verify an adequate seal. 79 FR at 14189 (March 13, 2014)
    In response, Goodman agreed with the proposed clarification that 
any gaps or area between wall sleeves and walls should be sealed, and 
stated that the method of sealing should not be specified. (Goodman, 
No. 7 at p. 2) AHRI recommended that the wall sleeve be sealed to the 
test facility dividing wall in accordance with the manufacturer's 
installation instructions and, if not possible to seal in accordance 
with the provided instructions, the test procedures should specify that 
adhesive tape, such as duct tape or brown packaging tape, be used to 
seal the entire perimeter of the wall sleeve to the test facility 
diving wall. (AHRI, No. 8 at p. 2) The CA IOUs commented that sealing 
the test chamber is good practice, but that it is not important to 
prescribe how sealing is accomplished. (CA IOUs, No. 5 at p. 21) DOE 
notes that field instructions for sealing the sleeve to the building 
are inconsistent with equipment testing, because field installation 
involves permanently sealing the sleeve to the building penetration, 
whereas the tested unit and its sleeve are intended to be removed after 
testing. Furthermore, DOE did not propose a particular sealing method 
such as adhesive tape, since methods other than use of adhesive tape 
may be just as effective for providing a temporary seal.
    In this final rule, DOE requires that any area(s) between the wall 
sleeve and the insulated partition between the indoor and outdoor rooms 
must be sealed to eliminate all air leakage through this area, but DOE 
does not specify the method used to achieve the seal.

C. Pre-Filling Condensate Drain Pan

    Most PTACs and PTHPs transfer the condensate that forms on the 
evaporator to a condensate pan in the unit's outdoor-side where a water 
slinger integrated with the outdoor fan distributes the water over the 
air-inlet side of the condenser. This process results in evaporative 
cooling that enhances the cooling of the outdoor coil in air-
conditioning mode. At the beginning of a test, there may be no water in 
the condensate pan. As the test progresses and the unit approaches an 
equilibrium state of operation, the condensate level in the drip pan 
will rise and stabilize at a constant level. It can take several hours 
to reach this steady state.
    To accelerate the testing process, test facilities typically add 
water to the condensate pan at the beginning of the test rather than 
wait for the unit to generate sufficient condensate to stabilize. The 
current test procedures do not indicate whether this practice is 
allowed during efficiency testing.
    In the March 2014 NOPR, DOE proposed to add a provision in its test 
procedures at 10 CFR 431.96 to allow manufacturers the option of pre-
filling the condensate drain pan before starting the efficiency test. 
The proposed provision did not specify requirements regarding the water 
purity or the water temperature that is to be used. DOE sought comments 
on pre-filling the condensate drain pan, including whether the type 
and/or temperature of the water used should be specified in the test 
procedures and/or recorded in the test data underlying the results. 79 
FR at 14189-14190 (March 13, 2014).
    In response, the CA IOUs and Goodman supported DOE's proposal to 
adopt test procedure amendments that allow pre-filling of the 
condensate pan. (CA IOUs, No. 9 at p. 3; Goodman, No. 7 at p. 2)
    AHRI recommended that DOE specify in the test procedures that the 
condensate pan be filled with distilled water between 70[emsp14][deg]F 
and 85[emsp14][deg]F and that the condensate pan water temperature at 
steady state operation be documented in the test reports underlying the 
certification. However, AHRI also stated in their comment that the 
mineral content of the water is not a concern because the short test 
period would not allow for scaling to build up. (AHRI, No. 8 at p. 2) 
AHRI did not provide data showing that the temperature of the water 
used to prefill the pan will impact the test results. Also, if, as AHRI 
acknowledges, the mineral content of the water used to initially fill 
the pan is not a concern, it is unclear why using distilled water as 
opposed to tap water would make any difference to the measurement.
    Private citizen Mike Haag commented that assisting the unit with 
achieving steady state might mask issues with the cooling of the 
system. (Mike Haag, No. 2 at p. 1) DOE notes that the DOE test 
procedures measure cooling efficiency at steady state conditions, and 
test reports do not record the amount of time taken to achieve steady 
state. Thus, pre-filling the condensate pan with water to accelerate 
the achievement of steady state conditions would not mask any issues 
that would otherwise be identified by the test procedures.
    In this final rule, DOE adds the proposed provision in its test 
procedures at 10 CFR 431.96 to allow manufacturers the option of pre-
filling the condensate drain pan before starting the efficiency test. 
This provision does not include requirements regarding the purity or 
temperature of the water used to fill the pan.

D. ANSI/ASHRAE 16 vs. ANSI/ASHRAE 37

    In February 2014, AHRI published AHRI 310/380-2014 superseding 
ANSI/AHRI 310/380-2004, which is referenced by the current DOE test 
procedure. ANSI/AHRI 310/380-2004 and AHRI 310/380-2014 both indicate 
that either ANSI/ASHRAE 16 or ANSI/ASHRAE 37 may be used to determine 
cooling capacity.
    ANSI/ASHRAE 16 specifies a calorimetric test method involving 
measurement of the electric resistance heater power input needed to 
exactly balance a test sample's cooling capacity. ANSI/ASHRAE 37 
specifies a psychrometric test method which calculates capacity based 
on the air flow rate and the air inlet and outlet conditions on the 
indoor side of the test sample. The two test methods have differences 
that could influence test results, particularly for units for which 
outgoing evaporator air can recirculate back to the evaporator air 
inlet. When using ANSI/ASHRAE 37, the air leaving the evaporator 
section is collected in a duct that transfers the air to 
instrumentation for measuring its temperature, moisture content, and 
flow rate (see, e.g., Figure 1 of ANSI/ASHRAE 37). Such collection of 
the air can prevent recirculation to the air inlet, thus potentially 
eliminating an equipment inefficiency and resulting in a measurement 
indicating higher efficiency.
    Another difference between ANSI/ASHRAE 16 and ANSI/ASHRAE 37 is 
that the two methods have different requirements for electrical 
instrumentation accuracy. Section 5.4.2 of ANSI/ASHRAE 16 requires that 
instruments for measuring electrical

[[Page 37141]]

inputs be accurate to +/- 0.5% of the quantity measured. Section 5.4.2 
of ANSI/ASHRAE 37 requires that instruments for measuring electrical 
inputs be accurate to +/-2.0% of the quantity measured. The consistency 
of PTAC and PTHP testing may be improved by requiring all efficiency 
tests to be conducted using only one of the two ASHRAE standards. On 
the other hand, such an approach may increase test burden, particularly 
for those manufacturers that currently use one particular test method.
    In the March 2014 NOPR, DOE described experimental testing 
conducted using three PTAC units. DOE tested all three units at a 
third-party testing lab under both ANSI/ASHRAE 16 and ANSI/ASHRAE 37. 
The test results showed that differences in the calculated EER between 
ANSI/ASHRAE 16 and ANSI/ASHRAE 37 ranged from 0.4 to 1.0 Btu/h-W, 
depending on the unit. These values represent differences in the 
calculated EER between ANSI/ASHRAE 16 and ANSI/ASHRAE 37 ranging from 
4.1 percent to 9.7 percent of the lower EER value calculated by the two 
test methods. DOE stated in the March 2014 NOPR that these results did 
not support a conclusion that the two methods of test generate 
consistent results. 79 FR at 14190 (March 13, 2014). Based in part on 
these results, DOE proposed in the March 2014 NOPR to require that only 
ANSI/ASHRAE 16 be used when conducting a cooling mode test for PTACs 
and PTHPs. DOE sought comment on its proposal to designate ANSI/ASHRAE 
16 as the sole test method for determining cooling capacity. 
Specifically, DOE was interested in the potential test burden on 
manufacturers. DOE also sought information on whether there are PTAC or 
PTHP manufacturers that conduct a significant number of tests using 
ANSI/ASHRAE 37. 79 FR at 14190-91 (March 13, 2014).
    In response, neither AHRI nor Goodman supported the removal of 
ANSI/ASHRAE 37 from the DOE test procedures. Both AHRI and Goodman 
disagreed with DOE's assessment of the differences between test results 
achieved using ANSI/ASHRAE 16 and ANSI/ASHRAE 37. (AHRI, No. 8 at p. 3; 
Goodman, Public Meeting Transcript, No. 5 at p. 27) AHRI stated that it 
has observed good correlation in testing between calorimetric and 
psychrometric rooms for the purposes of rating PTAC and PTHP equipment. 
(AHRI, No. 8 at p. 3) Goodman stated that it has not observed large 
differences in test results between ANSI/ASHRAE 16 and ANSI/ASHRAE 37. 
(Goodman, Public Meeting Transcript, No. 5 at p. 27) Goodman presented 
data from trial tests comparing (1) three units tested in Goodman's 
calorimetric chamber and then tested in Goodman's psychrometric 
chamber, and (2) five units tested in a third party calorimetric test 
chamber and then tested in Goodman's psychrometric test facility. For 
these eight units, the maximum variation in measured EER between the 
calorimetric test and the psychrometric test was 2.5%. (Goodman, No. 7 
at p. 3-6). These data provided by Goodman suggest that the potential 
discrepancies between calorimetric and psychrometric tests are much 
smaller than suggested by the NOPR-stage DOE testing described above. 
DOE agrees that Goodman's test results provide an indication that 
calorimetric and psychrometric tests can provide consistent results. 
DOE notes that Goodman used a larger sample size of eight units in its 
experimentation compared to the sample size of three units that DOE 
used in its NOPR-stage experiments described above.
    Both AHRI and Goodman commented that the requirement of a 
calorimetric test places additional burdens on manufacturers. AHRI 
commented that it is an additional burden to build a calorimeter room 
and to re-test units that were previously tested psychrometrically. 
(AHRI, Public Meeting Transcript, No. 5 at p. 34) Goodman believes the 
elimination of psychrometric testing would place an additional burden 
on manufacturers in the form of significant capital expenditure 
requirements, as well as a significant testing burden increase. Goodman 
commented that new test facilities often cost up to $750,000 and have 
construction lead times of a year or more, and that calorimetric tests 
may take 2.5 times as long as psychrometric tests. (Goodman, No. 7 at 
p. 6)
    DOE acknowledges that it underestimated the burden that would be 
imposed on manufacturers by eliminating psychrometric testing from the 
PTAC and PTHP test procedures. In response to the comments above, DOE 
accepts that it would be burdensome to manufacturers if DOE required 
use of ANSI/ASHRAE 16 for all PTAC and PTHP testing. Further, the 
additional data provided by Goodman show that discrepancies between the 
calorimetric and psychrometric test methods are less pronounced than 
DOE's NOPR-stage test data suggested. Hence, this final rule does not 
eliminate the optional use of ANSI/ASHRAE 37 to determine cooling 
capacity.
    As noted above, ANSI/ASHRAE 16 and ANSI/ASHRAE 37 have different 
requirements for electrical instrumentation accuracy. A single 
requirement for electricity measurement accuracy is necessary to 
maintain consistency between tests conducted using ANSI/ASHRAE 16 and 
ANSI/ASHRAE 37. In the March 2014 NOPR, DOE proposed to require ANSI/
ASHRAE 16 as the sole test method acceptable for measuring the cooling 
capacity of equipment. If this proposal were adopted, it would have 
imposed a requirement that electricity measurement instrumentation used 
in cooling capacity tests be accurate to +/-0.5% of reading, since +/- 
0.5% of reading is the requirement specified in ANSI/ASHRAE 16. As 
described above, stakeholders opposed the proposed requirement of ANSI/
ASHRAE 16 as the sole test method for cooling capacity tests based on 
the burden of constructing calorimetric test chambers. None of the 
stakeholder comments raised concerns regarding the more stringent 
electrical measurement accuracy requirements of ANSI/ASHRAE 16. In this 
final rule, DOE does not eliminate testing using ANSI/ASHRAE 37, but 
DOE retains the more stringent electrical measurement accuracy 
requirement. Specifically, the final rule adds this requirement in the 
DOE regulatory language, indicating that tests be conducted using 
electricity measuring instruments accurate to +/- 0.5% of reading in 
spite of the incorporation by reference of other portions of ANSI/
ASHRAE 37. DOE does not expect this requirement to pose additional test 
burden since electrical meters that achieve this level of accuracy are 
readily available and are already in use at many test facilities. This 
requirement does not represent a change that would alter the 
measurements as compared with the current DOE test procedure; rather, 
it ensures the accuracy of measurements.

E. AHRI Standard 310/380-2014 and Reaffirmed ASHRAE Standards

    In the NOPR, DOE proposed to adopt only those parts of ANSI/AHRI 
310/380-2004 relevant for the DOE test procedure, specifically sections 
3, 4.1, 4.2, 4.3, and 4.4. Additionally, DOE proposed to directly 
incorporate by reference those industry test methods that were 
previously incorporated via ANSI/AHRI 310/380-2004, such as ANSI/ASHRAE 
16-1999 and ASHRAE 58-1999.
    In response to the NOPR, Goodman commented that DOE should consider 
updated versions of ANSI/ASHRAE 16 and ANSI/ASHRAE 37. Goodman conceded 
that it was unlikely ANSI/ASHRAE 37 would be updated in time to be 
incorporated in this Final Rule, but encouraged DOE to accommodate

[[Page 37142]]

ANSI/ASHRAE 16 which Goodman expected would be finalized in 2014. 
(Goodman, No. 7 at p. 7) DOE agrees that, when possible, it should 
include the most up to date version of industry test methods.
    In July 2014, ASHRAE reaffirmed both ANSI/ASHRAE 16, a test method 
for measuring cooling performance of PTACs and PTHPs, and ANSI/ASHRAE 
58, a test method for measuring heating performance of PTHPs. While 
Goodman commented that it expected some changes in ANSI/ASHRAE 16 
(Goodman, No. 7 at p. 7), DOE reviewed the reaffirmed standard and did 
not discern substantive differences between the 2009 and 2014 versions. 
The test methods described in the 2014 reaffirmations of both ANSI/
ASHRAE 16 and ANSI/ASHRAE 58 are identical to their 1999 and 2009 
versions--the later reaffirmed versions correct errata that existed in 
previous versions of ANSI/ASHRAE 16 and ANSI/ASHRAE 58. These 
corrections do not change the test procedures.
    Further, in February 2014 AHRI published AHRI 310/380-2014, which 
supersedes ANSI/AHRI 310/380-2004. In an effort stay current with 
industry testing methodologies, DOE is updating its referenced industry 
standard. In alignment with the NOPR, DOE is only adopting the sections 
of AHRI 310/380-2014 relevant for the DOE test procedure. For cooling 
performance, this includes sections 3, 4.1, 4.2, 4.3, and 4.4. For 
measurement of heating performance, DOE is adopting section 3, 4.1, 
4.2, 4.3, and 4.4 except for subsection 4.2.1.2(b), which allows ANSI/
ASHRAE 37 as an optional method for verifying the standard heating 
rating of equipment. The March 2014 NOPR did not propose the use of 
ANSI/ASHRAE 37 as a method for verifying the standard heating rating of 
equipment and thus, DOE is excluding this provision in this final rule. 
Where this final rule refers to the sections of AHRI 310/380-2014 to be 
used for measurement of heating performance, it omits section 
4.2.1.2(b) so as not to allow the use of ANSI/ASHRAE 37 for verifying 
the standard heating rating of equipment.
    Finally, AHRI 310/380-2014 references the 2009 versions of ANSI/
ASHRAE 16, ANSI/ASHRAE 58, and ANSI/ASHRAE 37. As previously stated, 
DOE is directly incorporating by reference those industry test methods 
that were previously referenced in ANSI/AHRI 310/380--ANSI/ASHRAE 16, 
ANSI/ASHRAE 58, and ANSI/ASHRAE 37 . Therefore, in this final rule, DOE 
is incorporating by reference ANSI/ASHRAE 37-2009, which is referenced 
in AHRI 310/380-2014 for measuring cooling performance. Although DOE's 
previous test method, ANSI/AHRI 310/380-2004, incorporated ANSI/ASHRAE 
37-1988, DOE's review of the two editions of ANSI/ASHRAE 37 confirmed 
that, for the purposes of measuring cooling performance for PTACs and 
PTHPs, the test methods are essentially identical. Also, rather than 
incorporating by reference the 1999 reaffirmations of ANSI/ASHRAE 16 
and ANSI/ASHRAE 58, this final rule amends the test procedure to 
incorporate by reference ANSI/ASHRAE 16-1983 (RA 2014) and ANSI/ASHRAE 
58-1986 (RA 2014)--as mentioned above, these more recent versions of 
ANSI/ASHRAE 16 and ANSI/ASHRAE 58 prescribe test procedures identical 
to the older 2009 and 1999 versions.

F. Wall Sleeve Size and Filter Requirements for Testing

Wall Sleeve Size
    The DOE test procedures provide limited guidance on the type of 
wall sleeve that should be used during testing. The wall sleeve is 
technically part of the PTAC or PTHP (see, e.g., the definition of PTAC 
in 10 CFR 431.92), and it provides an outer case for the main 
refrigeration and air-moving components. In the field, the wall sleeves 
are often installed in the building, and the cooling/heating assembly 
slides into and out of this case. For standard size PTACs and PTHPs, 
the wall sleeve measures 42 inches wide and 16 inches high; however, 
wall sleeves come in a range of depths.
    Some manufacturers offer extended wall sleeves up to 31 inches deep 
that can be used with any of their standard size PTACs or PTHPs. DOE 
believes that the use of varying test sleeve depths can affect measured 
test results, due to the effect the sleeve depth has on airflow and fan 
performance. DOE's test procedures, in section 4.3 of ANSI/AHRI 310/
380-2004, provide some limited guidance about the wall sleeve that 
should be used during testing; section 4.3 of ANSI/AHRI 310/380-2004 
states that ``standard equipment shall be in place during all tests, 
unless otherwise specified in the manufacturer's instructions to the 
user.'' Section 4.3 of the updated AHRI 310/380-2014 provides the same 
limited guidance. However, there currently is no guidance for units for 
which installation instructions allow sleeves of different depths.
    DOE's survey of wall sleeve sizes on the market showed that the 
most common wall sleeve depth is 14 inches. While DOE has no data 
indicating the impact of testing with a maximum-depth sleeve as opposed 
to a standard-depth sleeve, DOE expects that there may be an 
incremental reduction in efficiency associated with use of a sleeve as 
deep as 31 inches. The Working Group discussed the issue of varying 
wall sleeve sizes and voted to adopt the position that units should be 
tested using a standard 14 inch sleeve. (ASRAC to Negotiate 
Certification Requirements for Commercial HVAC, WH, and Refrigeration 
Equipment, Docket No. EERE-2013-BT-NOC-0023, No. 53 at pg. 17)
    In the March 2014 NOPR, DOE proposed to add a provision to 10 CFR 
431.96 to require testing using a wall sleeve with a depth of 14 inches 
(or the wall sleeve option that is closest to 14 inches in depth that 
is available for the basic model being tested). 79 FR at 14191 (March 
13, 2014). This final rule adopts the Working Group recommendation. DOE 
sought comment on whether there are any PTACs or PTHPs that cannot be 
tested using a 14 inch deep wall sleeve. Id. AHRI and Goodman supported 
the proposal to require testing using 14-inch deep wall sleeves. (AHRI, 
No. 8 at p. 2; Goodman, No. 7 at p. 3) DOE did not receive any comments 
describing units that cannot be tested with 14-inch deep wall sleeves.
    In this final rule, DOE adopts its proposal to add a provision to 
10 CFR 431.96 to require testing using a wall sleeve with a depth of 14 
inches (or the wall sleeve option that is closest to 14 inches in depth 
that is available for the basic model being tested).
Filter Requirements
    The DOE test procedures provide limited guidance on the type of air 
filter that should be used during testing. PTACs or PTHPs generally 
ship with an air filter to remove particulates from the indoor 
airstream. There is currently no description in the DOE test procedures 
of the type of filter to be used during testing. While some PTACs and 
PTHPs only have one filter option, some PTACs and PTHPs are shipped 
with either a standard filter or a high efficiency filter. A high 
efficiency filter will impose more air flow restriction, which can 
incrementally decrease air flow and thus the capacity and/or efficiency 
of the unit.
    DOE considered whether to specify filters with a particular MERV 
rating for use with the test, such as MERV-2 or MERV-3 levels of 
filtration. However, DOE noted that the filter efficiencies offered in 
PTACs and PTHPs generally are not specified using a standard

[[Page 37143]]

metric. Furthermore, some PTACs are sold with higher-efficiency 
``standard-option'' filters than others. Moreover, verification that 
the filter used in the test complies with any such requirement would 
not be possible without implementation of standardized requirements for 
labeling of filters and reporting of filter efficiencies and/or 
adopting a filter efficiency test as part of the test procedures, all 
of which would impose additional burden. The Working Group was also 
aware of this issue, and also discussed the issue of varying air filter 
efficiency. The Working Group voted to adopt the position that units 
should be tested ``as shipped'' with respect to selecting a filter 
option (Appliance Standards and Rulemaking Federal Advisory Committee 
(ASRAC) to Negotiate Certification Requirements for Commercial HVAC, 
WH, and Refrigeration Equipment, Docket No. EERE-2013-BT-NOC-0023, No. 
53 at p. 16).
    In the March 2014 NOPR, DOE proposed to add a provision to 10 CFR 
431.96 to require testing using the standard or default filter option 
that is packaged and shipped with the PTAC or PTHP unit being tested. 
79 FR at 14191 (March 13, 2014). This proposal was consistent with the 
Working Group's recommendations. For those models that are not shipped 
with a filter, DOE proposed to require the use of an off-the-shelf 
MERV-3 filter for testing. DOE sought comment on whether a MERV-3 
filter is appropriate for testing PTACs and PTHPs that do not ship with 
filters. 79 FR at 14191 (March 13, 2014).
    In response, Goodman recommended that DOE specify a MERV rating 
lower than MERV-3 because MERV-3 filters may significantly reduce 
airflow. (Goodman, No. 7 at p. 3) AHRI commented that MERV-1 filters, 
which are electrostatic, self-charging woven panel filters, may be more 
representative of filters found in PTACs or PTHPs. (AHRI, No. 8 at p. 
2) DOE accepts this feedback and will reduce the MERV rating for 
filters to be used when testing units shipped without a filter.
    In this final rule, DOE adds a provision to 10 CFR 431.96 to 
require testing using the standard or default filter option that is 
shipped with most units of a given basic model. For those models that 
are not shipped with a filter, DOE requires the use of an off-the-shelf 
MERV-1 filter for testing.

G. Barometric Pressure Correction

    The DOE test procedures, in Section 6.1.3 of referenced ANSI/ASHRAE 
16, allows for adjustment of the capacity measurement based on the 
tested barometric pressure: ``The capacity may be increased 0.8% for 
each in. Hg below 29.92 in. Hg.'' Theoretically, air is less dense when 
barometric pressure is lower, such as at higher altitudes. As a result, 
air mass flow generated by fans and blowers may be less at higher 
altitudes, which may affect the measured cooling performance. However, 
there are other competing effects that may negate this decrease and DOE 
has not seen data that definitively demonstrate the impact of 
barometric pressure on measurements of the cooling performance of PTACs 
or PTHPs.
    In the March 2014 NOPR, DOE did not propose to amend or remove the 
barometric pressure provision. DOE sought comments or data on the 
barometric pressure correction specifically used for PTACs and PTHPs. 
79 FR at 14191 (March 13, 2014). Goodman and AHRI responded in support 
of DOE's position to retain the barometric pressure correction. 
(Goodman, No.7 at p. 3; AHRI, No. 8 at p. 2) DOE received no comments 
providing data that either supported or refuted the validity of the 
barometric pressure correction.
    In this final rule, DOE does not amend or remove the provision 
allowing for adjustment of the capacity measurement based on the tested 
barometric pressure.

H. Part-Load Efficiency Metric and Varying Ambient Conditions

    The current DOE test procedures for PTACs and PTHPs measure cooling 
efficiency and heating efficiency in terms of EER and coefficient of 
performance (COP), respectively. Both of these metrics measure the 
efficiency of the unit running steadily at maximum cooling or heating 
output settings.
    In the March 2014 NOPR, DOE did not propose to adopt either a part-
load or seasonal efficiency metric for the cooling mode that considers 
part-load performance, or a seasonal efficiency metric for the heating 
mode that considers electric resistance heating for PTACs or PTHPs. DOE 
sought comments regarding this proposal, including any information 
regarding seasonal load patterns for PTACs and PTHPs in both cooling 
and heating modes. 79 FR at 14192 (March 13, 2014).
    In response, Goodman and AHRI supported DOE's proposal to not 
develop seasonal efficiency metrics. (Goodman, No. 7 at p. 6; AHRI, No. 
8 at p. 3) AHRI commented that a part-load performance metric would not 
be representative of PTAC and PTHP equipment operating cycles. (AHRI, 
Public Meeting Transcript, No. 5 at p. 46) The CA IOUs commented that 
they would like the test procedures to characterize performance at 
full-load and part-load. (CA IOUs, Public Meeting Transcript, No. 5 at 
p. 7) The CA IOUs commented that they are content with using a single 
metric for the purposes of rating equipment, but that they would like 
additional test conditions to be measured and reported according to a 
standard test procedure. The CA IOUs commented that this additional 
information would help them to distinguish new equipment models with 
good low-temperature performance that are becoming available. (CA IOUs, 
Public Meeting Transcript, No. 5 at p. 43)
    DOE believes that the existing EER and COP metrics, both for full-
load operation, provide an adequate indication of PTAC and PTHP 
efficiency. DOE does not currently have information indicating the 
magnitude of energy that might be saved if part-load or full-season 
metrics were developed. ASAP and ACEEE encouraged DOE to begin a 
collaboration with AHRI to develop a test method to measure the part-
load performance of PTACs and PTHPs. (ASAP & ACEEE, No. 6 at p. 1) DOE 
may consider support and/or development of such test methods in the 
future.
    In this final rule, DOE has not adopted seasonal efficiency metrics 
for cooling or heating performance for PTACs or PTHPs.

I. Cooling Capacity Verification

    The Federal energy conservation standard levels for PTAC and PTHP 
equipment are calculated based on the certified cooling capacity of the 
equipment. (10 CFR 431.97(c)) The DOE test procedures for PTACs and 
PTHPs specifies the methods that may be used to determine the cooling 
capacity and energy efficiency of PTACs and PTHPs. (10 CFR 431.96(b)) 
Testing conducted for assessment and enforcement measures the cooling 
capacity of test units pursuant to the test requirements of 10 CFR part 
431, and uses the measured cooling capacity as the basis for 
calculation of EER for the test units. The minimum allowed EER (and the 
minimum allowed COP for PTHP units) of a test unit is calculated using 
the certified cooling capacity of the test unit as the basis for 
calculation. For various reasons, the measured cooling capacity of 
equipment may deviate from the certified cooling capacity of the 
equipment. Small deviations of the measured cooling capacity from the 
certified cooling capacity are expected due to variability in 
manufacturing conditions. However, large deviations

[[Page 37144]]

from the certified cooling capacity indicate that the certified cooling 
capacity and, by extension, the minimum allowed efficiency that is 
calculated based on the certified cooling capacity, do not accurately 
represent the unit being tested. In cases where the measured cooling 
capacity of a test unit deviates outside of an acceptable tolerance, it 
is appropriate to recalculate the minimum efficiency for the test unit 
based on the measured cooling capacity of the test unit (or the average 
of the measured cooling capacities of the samples tested, if more than 
one is tested).
    In the March 2014 NOPR, DOE proposed regulatory text amendments 
describing how DOE will select the cooling capacity values that are 
used to calculate the minimum allowable EER for a basic model. The 
proposed amendments to 10 CFR 429.134 would establish a provision 
requiring use of the certified cooling capacity as the basis for 
calculation of minimum allowed EER if the average measured cooling 
capacity is within five percent of the certified cooling capacity. The 
proposed amendments would require use of the average measured cooling 
capacity as the basis for calculation of minimum allowed EER if the 
average measured cooling capacity is not within five percent of the 
certified cooling capacity. 79 FR at 14197 (March 13, 2014).
    In response to the proposed amendments, AHRI questioned whether the 
five percent allowance between tested and rated values is a two-sided 
tolerance. (AHRI, Public Meeting Transcript, No. 5 at p. 54) Goodman 
agreed in concept with the proposed requirement that measured cooling 
capacity be within five percent of the certified cooling capacity, but 
Goodman suggested that the requirement be one[hyphen]sided, such that 
the certified cooling capacity would be used to determine the minimum 
efficiency unless the measured cooling capacity is less than 95% of the 
certified cooling capacity, in which event the measured cooling 
capacity would be used to determine the minimum efficiency level. 
(Goodman, No. 7 at p. 6)
    DOE clarifies that the proposed five percent allowance between 
tested and rated values is a two-sided tolerance. This means that units 
with average measured cooling capacity below 95% or above 105% of the 
certified cooling capacity would require use of the average measured 
cooling capacity as the basis for calculation of minimum allowed EER.
    DOE notes that if the proposed provision used a one-sided tolerance 
as Goodman suggested, then units with a measured cooling capacity above 
their certified cooling capacity would be held to an efficiency 
standard determined by their certified cooling capacity. With a one-
sided tolerance, units having a measured cooling capacity that is above 
105% of their certified cooling capacity would be held to a calculated 
minimum EER that is more stringent than the minimum EER calculated 
using a two-sided tolerance as DOE proposed. DOE does not seek to 
impose more stringent standards on units that exceed their certified 
cooling capacity.
    In this final rule, DOE adopts its proposal to add a provision to 
10 CFR 429.134 that requires assessment and enforcement testing to 
measure the total cooling capacity of the basic model pursuant to the 
test requirements of 10 CFR part 431 for each unit tested. The 
provision requires that results of the measurement(s) be averaged and 
compared to the value of cooling capacity certified by the 
manufacturer. The adopted provision considers the certified cooling 
capacity to be valid only if the measurement is within five percent of 
the certified cooling capacity. If the certified cooling capacity is 
valid, that cooling capacity will be used as the basis for calculation 
of minimum allowed EER for the basic model. If the certified cooling 
capacity is not valid, the average measured cooling capacity will be 
used as the basis for calculation of minimum allowed EER for the basic 
model.

J. Additional Comments

    DOE received additional comments that are not classified in the 
discussion sections above. Responses to these additional comments are 
provided below.
    The CA IOUs recommended that DOE require the reporting of power 
factor \9\ for all operating modes (i.e., active, standby, and off) at 
every temperature point for which EER and COP are rated. (CA IOUs, No. 
9 at p. 2-3) The DOE test procedures do not address the measurement of 
performance during standby mode and off mode. The DOE test procedures 
also do not describe the measurement of the power factor of PTAC and 
PTHP equipment. Therefore, DOE is not adopting this reporting 
requirement.
---------------------------------------------------------------------------

    \9\ The power factor of an alternating current (AC) electrical 
power system is defined as the ratio of the real power flowing to 
the load, to the apparent power in the circuit. A load with a low 
power factor draws more electrical current than a load with a high 
power factor for the same amount of useful power transferred. The 
higher currents associated with low power factor loads increase the 
amount of energy lost in the electricity distribution system.
---------------------------------------------------------------------------

    The CA IOUs commented that they would like DOE to explore adding 
test procedure specifications for units containing gas-fired 
components, since ANSI/AHRI 310/380-2004 excludes such units. (CA IOUs, 
No. 9 at p. 1-2) DOE notes that EPCA defines a ``packaged terminal air 
conditioner'' as ``a wall sleeve and a separate unencased combination 
of heating and cooling assemblies specified by the builder and intended 
for mounting through the wall. It includes a prime source of 
refrigeration, separable outdoor louvers, forced ventilation, and 
heating availability by builder's choice of hot water, steam, or 
electricity.'' (42 U.S.C. 6311(10)(A)) EPCA defines a ``packaged 
terminal heat pump'' as ``a packaged terminal air conditioner that 
utilizes reverse cycle refrigeration as its prime heat source and 
should have supplementary heat source available to builders with the 
choice of hot water, steam, or electric resistant heat.'' (42 U.S.C. 
6311(10)(B)) These definitions include units with heating provided by 
hot water, steam, or electric resistant heat, but they do not include 
units containing gas-fired components. As such, DOE does not have the 
authority to regulate units with gas-fired components.

K. Compliance Date of the Test Procedure Amendments

    In amending a test procedure, EPCA directs DOE to determine to what 
extent, if any, the test procedure would alter the measured energy 
efficiency or measured energy use of a covered product. (42 U.S.C. 
6314(a)(4)) The test procedure amendments for PTACs and PTHPs 
incorporated by this final rule do not contain changes that will 
materially alter the measured energy efficiency of equipment. DOE did 
not receive any comments suggesting that the test procedure amendments 
will alter the measured energy efficiency of equipment. Rather, most of 
the proposed changes represent clarifications that will improve the 
uniform application of the test procedures for this equipment. Any 
change in the rated efficiency associated with these clarifications, if 
any, is expected to be de minimis.
    DOE's test procedure amendments incorporated by this final rule are 
effective 30 days after publication of the final rule in the Federal 
Register. Consistent with 42 U.S.C. 6314(d), any representations of 
energy consumption of PTACs and PTHPs must be based on any final 
amended test procedures 360 days after the publication of the test 
procedures final rule.

[[Page 37145]]

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget (OMB) has determined that test 
procedure rulemakings do not constitute ``significant regulatory 
actions'' under section 3(f) of Executive Order 12866, Regulatory 
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this 
action was not subject to review under the Executive Order by the 
Office of Information and Regulatory Affairs (OIRA) in the OMB.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (IRFA) for 
any rule that by law must be proposed for public comment and a final 
regulatory flexibility analysis (FRFA) for any rule that an agency 
adopts as a final rule, unless the agency certifies that the rule, if 
promulgated, will not have a significant economic impact on a 
substantial number of small entities. A regulatory flexibility analysis 
examines the impact of the rule on small entities and considers 
alternative ways of reducing negative effects. As required by Executive 
Order 13272, ``Proper Consideration of Small Entities in Agency 
Rulemaking,'' 67 FR 53461 (Aug. 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 Web site: 
http://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. This rule prescribes test procedures that will be used to 
test compliance with energy conservation standards for the products 
that are the subject of this rulemaking. DOE has concluded that the 
rule will not have a significant impact on a substantial number of 
small entities.
    The Small Business Administration (SBA) considers an entity to be a 
small business if, together with its affiliates, it employs less than a 
threshold number of workers specified in 13 CFR part 121, which relies 
on size standards and codes established by the North American Industry 
Classification System (NAICS). The threshold number for NAICS 
classification for 333415, which applies to air conditioning and warm 
air heating equipment and commercial and industrial refrigeration 
equipment, is 750. Searches of the SBA Web site \10\ to identify 
manufacturers within these NAICS codes that manufacture PTACs and/or 
PTHPs did not identify any small entities that could be affected by the 
test procedure modifications adopted in the final rule.
---------------------------------------------------------------------------

    \10\ A searchable database of certified small businesses is 
available online at: http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm.
---------------------------------------------------------------------------

    For the reasons explained below, DOE has concluded that the test 
procedure amendments contained in this final will not have a 
significant economic impact on any manufacturer, including small 
manufacturers. The rule amends DOE's test procedures to specify an 
optional break-in period, explicitly require that wall sleeves be 
sealed to prevent air leakage, allow for the pre-filling of the 
condensate drain pan, and require testing with 14-inch deep wall 
sleeves and the filter option most representative of a typical 
installation. These tests can be conducted in the same facilities used 
for the current energy testing of these products and do not require 
testing in addition to what is currently required. The break-in period 
is optional and may result in improved energy efficiency of the unit; 
the break-in typically is conducted outside of the balanced-ambient 
calorimeter facility. DOE expects that manufacturers will require 
minimal time to set the PTACs and PTHPs up for break-in, which requires 
that the units simply be plugged in and powered on. Further, 
manufacturers will only incur the additional time for the break-in step 
if it is beneficial to testing. In this case, the cost will be minimal 
due to the nature of the break-in procedure and the fact that it is not 
typically conducted within the test chamber.
    Material costs associated with the test procedure amendments 
adopted in this final rule are expected to be negligible, as air 
sealing the wall sleeves can be accomplished with typically available 
lab materials. Further, DOE expects that manufacturers typically seal 
the wall sleeves in their current testing, because not doing so could 
result in measurements indicating a lower efficiency. Also, there are 
no additional costs associated with the requirement to use a 14-inch 
wall sleeve and/or the standard filter that typically comes with the 
unit. In addition, pre-filling of the condensate pan is expected to 
reduce test time by 2-4 hours, which would reduce testing costs by 
approximately $375-750 per test. Thus, DOE determined that the test 
procedure amendments adopted by this final rule will not impose a 
significant economic impact on manufacturers.
    This notice adds one additional item to the certification report 
requirements for PTACs and PTHPs: The duration of the break-in period. 
However, providing this additional item in certification reports is not 
expected to impose a significant economic impact.
    For these reasons, DOE concludes and certifies that this final rule 
will not have a significant economic impact on a substantial number of 
small entities, so DOE has not prepared a regulatory flexibility 
analysis for this rulemaking. DOE has provided its certification and 
supporting statement of factual basis to the Chief Counsel for Advocacy 
of the SBA for review under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of PTACs and PTHPs must certify to DOE that their 
products comply with any applicable energy conservation standards. In 
certifying compliance, manufacturers must test their products according 
to the DOE test procedures for PTACs and PTHPs, including any 
amendments adopted for those test procedures on the date that 
compliance is required. DOE has established regulations for the 
certification and recordkeeping requirements for all covered consumer 
products and commercial equipment, including PTACs and PTHPs. See 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 30 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.
    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 amends its test procedures for PTACs and 
PTHPs. DOE has determined that this rule falls into a class of actions 
that are categorically excluded from review under the National 
Environmental Policy Act of

[[Page 37146]]

1969 (42 U.S.C. 4321 et seq.) and DOE's implementing regulations at 10 
CFR part 1021. Specifically, this rule amends an existing rule without 
affecting the amount, quality or distribution of energy usage, and, 
therefore, will not result in any environmental impacts. Thus, this 
rulemaking is covered by Categorical Exclusion A5 under 10 CFR part 
1021, subpart D, which applies to any rulemaking that interprets or 
amends an existing rule without changing the environmental effect of 
that rule. Accordingly, neither an environmental assessment nor an 
environmental impact statement is required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 4, 1999) 
imposes certain requirements on agencies formulating and implementing 
policies or regulations that preempt State law or that have Federalism 
implications. The 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 http://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). 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)

[[Page 37147]]

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 reasonable alternatives to the action 
and their expected benefits on energy supply, distribution, and use.
    This regulatory action to amend the test procedures for measuring 
the energy efficiency of PTACs and PTHPs 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 procedures addressed by this action 
incorporate testing methods contained in the following commercial 
standards: AHRI 310/380-2014, ANSI/ASHRAE Standard 16-1983 (RA 2014), 
ANSI/ASHRAE Standard 37-2009, and ANSI/ASHRAE Standard 58-1986 (RA 
2014). 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. Description of Materials Incorporated by Reference

    In this final rule, DOE is incorporating by reference four industry 
standards related to the testing of packaged terminal air conditioners 
and heat pumps. These industry standards include AHRI Standard 310/380-
2014, ``Standard for Packaged Terminal Air-Conditioners and Heat 
Pumps;'' ANSI/ASHRAE Standard 16-1983 (RA 2014), ``Method of Testing 
for Rating Room Air Conditioners and Packaged Terminal Air 
Conditioners;'' ANSI/ASHRAE Standard 37-2009, ``Methods of Testing for 
Rating Electrically Driven Unitary Air-Conditioning and Heat Pump 
Equipment;'' and ANSI/ASHRAE Standard 58-1986 (RA 2014) ``Method of 
Testing for Rating Room Air-Conditioner and Packaged Terminal Air-
Conditioner Heating Capacity.''
    AHRI Standard 310/380-2014 is an industry accepted test standard 
that specifies definitions and general testing requirements for 
packaged terminal air conditioners and heat pumps. AHRI Standard 310/
380-2014 references ANSI/ASHRAE Standard 16, ANSI/ASHRAE Standard 37, 
and ANSI/ASHRAE Standard 58 for the detailed testing methodologies. 
AHRI Standard 310/380-2014 is readily available on AHRI's Web site at 
http://www.ahrinet.org/App_Content/ahri/files/standards%20pdfs/ANSI%20standards%20pdfs/AHRI_310_380-2014-CSA_C744-4.PDF.
    ANSI/ASHRAE Standard 16-1983 (RA 2014) and ANSI/ASHRAE Standard 37-
2009 specify methods for determining the cooling performance of 
packaged terminal air conditioners. ANSI/ASHRAE Standard 16-1983 (RA 
2014) specifies a calorimetric test method involving measurement of the 
electric resistance heater power input needed to exactly balance a test 
sample's cooling capacity. ANSI/ASHRAE Standard 37-2009 specifies a 
psychrometric test method which calculates capacity based on the air 
flow rate and the air inlet and outlet conditions on the indoor side of 
the test sample. ANSI/ASHRAE Standard 16-1983 (RA 2014) is readily 
available at ASHRAE's Web site at: http://www.techstreet.com/ashrae/products/1881836. ANSI/ASHRAE Standard 37-2009 is also readily 
available on ASHRAE's Web site at: http://www.techstreet.com/ashrae/products/1650947.
    ANSI/ASHRAE Standard 58-1986 (RA 2014) specifies a test method for 
measuring heating performance of packaged terminal heat pumps. ANSI/
ASHRAE Standard 58-1986 (RA 2014) is readily available on ASHRAE's Web 
site at: http://www.techstreet.com/ashrae/products/1650947.

N. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this final 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).

O. 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

    Energy conservation, Imports, Measurement standards, Reporting and 
recordkeeping requirements.

10 CFR Part 431

    Energy conservation, Imports, Incorporation by reference, 
Measurement standards, Reporting and recordkeeping requirements.

    Issued in Washington, DC, on June 8, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

    For the reasons stated in the preamble, DOE amends parts 429 and 
431 of Chapter II, Subchapter D, of Title 10 the Code of Federal 
Regulations as set forth below:

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

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

    Authority: 42 U.S.C. 6291-6317.


0
2. Amend Sec.  429.43 by adding paragraph (a)(1)(iii) and revising 
paragraphs (b)(2)(v) and (vi) to read as follows:


Sec.  429.43  Commercial heating, ventilating, air conditioning (HVAC) 
equipment.

    (a) * * *
    (1) * * *
    (iii) For packaged terminal air conditioners and packaged terminal 
heat pumps, the represented value of cooling capacity shall be the 
average of the capacities measured for the sample selected as described 
in (a)(1)(ii) of this section, rounded to the nearest 100 Btu/h.
* * * * *

[[Page 37148]]

    (b) * * *
    (2) * * *
    (v) Packaged terminal air conditioners: The energy efficiency ratio 
(EER in British thermal units per Watt-hour (Btu/Wh)), the rated 
cooling capacity in British thermal units per hour (Btu/h), the wall 
sleeve dimensions in inches (in), and the duration of the break-in 
period (hours).
    (vi) Packaged terminal heat pumps: The energy efficiency ratio (EER 
in British thermal units per Watt-hour (Btu/W-h)), the coefficient of 
performance (COP), the rated cooling capacity in British thermal units 
per hour (Btu/h), the wall sleeve dimensions in inches (in), and the 
duration of the break-in period (hours).
* * * * *

0
3. Amend Sec.  429.134 by revising paragraph (a) and adding paragraph 
(e) to read as follows:


Sec.  429.134  Product-specific enforcement provisions.

    (a) General. The following provisions apply to assessment and 
enforcement testing of the relevant products and equipment.
* * * * *
    (e) Packaged terminal air conditioners and packaged terminal heat 
pumps--(1) Verification of cooling capacity. The total cooling capacity 
of the basic model will be measured pursuant to the test requirements 
of 10 CFR part 431 for each unit tested. The results of the 
measurement(s) will be averaged and compared to the value of cooling 
capacity certified by the manufacturer. The certified cooling capacity 
will be considered valid only if the average measured cooling capacity 
is within five percent of the certified cooling capacity.
    (i) If the certified cooling capacity is found to be valid, that 
cooling capacity will be used as the basis for calculation of minimum 
allowed EER (and minimum allowed COP for PTHP models) for the basic 
model.
    (ii) If the certified cooling capacity is found to be invalid, the 
average measured cooling capacity will serve as the basis for 
calculation of minimum allowed EER (and minimum allowed COP for PTHP 
models) for the tested basic model.
    (2) [Reserved].

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND 
INDUSTRIAL EQUIPMENT

0
4. The authority citation for part 431 continues to read as follows:

    Authority: 42 U.S.C. 6291-6317.

0
5. Amend Sec.  431.95 by revising paragraph (b)(3), redesignating 
paragraph (c)(1) as (c)(4), and adding paragraphs (c)(1) through (c)(3) 
to read as follows:


Sec.  431.95  Materials incorporated by reference.

* * * * *
    (b) * * *
    (3) AHRI Standard 310/380-2014, (``AHRI 310/380-2014''), ``Standard 
for Packaged Terminal Air-Conditioners and Heat Pumps,'' February 2014, 
IBR approved for Sec.  431.96.
    (c) * * *
    (1) ANSI/ASHRAE Standard 16-1983 (RA 2014), (``ANSI/ASHRAE 16''), 
``Method of Testing for Rating Room Air Conditioners and Packaged 
Terminal Air Conditioners,'' ASHRAE reaffirmed July 3, 2014, IBR 
approved for Sec.  431.96.
    (2) ANSI/ASHRAE Standard 37-2009, (``ANSI/ASHRAE 37''), ``Methods 
of Testing for Rating Electrically Driven Unitary Air-Conditioning and 
Heat Pump Equipment,'' ASHRAE approved June 24, 2009, IBR approved for 
Sec.  431.96.
    (3) ANSI/ASHRAE Standard 58-1986 (RA 2014), (``ANSI/ASHRAE 58''), 
``Method of Testing for Rating Room Air-Conditioner and Packaged 
Terminal Air-Conditioner Heating Capacity,'' ASHRAE reaffirmed July 3, 
2014, IBR approved for Sec.  431.96.
* * * * *

0
6. Amend Sec.  431.96 by revising paragraphs (b) and (c) and adding 
paragraph (g) to read as follows:


Sec.  431.96  Uniform test method for the measurement of energy 
efficiency of commercial air conditioners and heat pumps.

* * * * *
    (b) Testing and calculations. (1) Determine the energy efficiency 
of each type of covered equipment by conducting the test procedure(s) 
listed in the fifth column of Table 1 of this section along with any 
additional testing provisions set forth in paragraphs (c) through (g) 
of this section, that apply to the energy efficiency descriptor for 
that equipment, category, and cooling capacity. The omitted sections of 
the test procedures listed in the fifth column of Table 1 of this 
section shall not be used.
    (2) After June 24, 2016, any representations made with respect to 
the energy use or efficiency of packaged terminal air conditioners and 
heat pumps (PTACs and PTHPs) must be made in accordance with the 
results of testing pursuant to this section. Manufacturers conducting 
tests of PTACs and PTHPs after July 30, 2015 and prior to June 24, 
2016, must conduct such test in accordance with either table 1 to this 
section or Sec.  431.96 as it appeared at 10 CFR part 431, subpart F, 
in the 10 CFR parts 200 to 499 edition revised as of January 1, 2014. 
Any representations made with respect to the energy use or efficiency 
of such packaged terminal air conditioners and heat pumps must be in 
accordance with whichever version is selected.

                                Table 1 to Sec.   431.96--Test Procedures for Commercial Air Conditioners and Heat Pumps
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       Use tests,
                                                                                                     conditions, and       Additional test procedure
        Equipment type               Category       Cooling capacity  Energy efficiency descriptor   procedures \1\     provisions as indicated in the
                                                                                                           in          listed paragraphs of this section
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small Commercial Packaged Air-  Air-Cooled, 3-     <65,000 Btu/h....  SEER and HSPF...............  AHRI 210/240-     Paragraphs (c) and (e).
 Conditioning and Heating        Phase, AC and HP.                                                   2008 (omit
 Equipment.                                                                                          section 6.5).
                                Air-Cooled AC and  >=65,000 Btu/h     EER and COP.................  AHRI 340/360-     Paragraphs (c) and (e).
                                 HP.                and <135,000 Btu/                                2007 (omit
                                                    h.                                               section 6.3).
                                Water-Cooled and   <65,000 Btu/h....  EER.........................  AHRI 210/240-     Paragraphs (c) and (e).
                                 Evaporatively-                                                      2008 (omit
                                 Cooled AC.                                                          section 6.5).
                                .................  >=65,000 Btu/h     EER.........................  AHRI 340/360-     Paragraphs (c) and (e).
                                                    and <135,000 Btu/                                2007 (omit
                                                    h.                                               section 6.3).
                                Water-Source HP..  <135,000 Btu/h...  EER and COP.................  ISO Standard      Paragraph (e).
                                                                                                     13256-1 (1998).
Large Commercial Packaged Air-  Air-Cooled AC and  >=135,000 Btu/h    EER and COP.................  AHRI 340/360-     Paragraphs (c) and (e).
 Conditioning and Heating        HP.                and <240,000 Btu/                                2007 (omit
 Equipment.                                         h.                                               section 6.3).

[[Page 37149]]

 
                                Water-Cooled and   >=135,000 Btu/h    EER.........................  AHRI 340/360-     Paragraphs (c) and (e).
                                 Evaporatively-     and <240,000 Btu/                                2007 (omit
                                 Cooled AC.         h.                                               section 6.3).
Very Large Commercial Packaged  Air-Cooled AC and  >=240,000 Btu/h    EER and COP.................  AHRI 340/360-     Paragraphs (c) and (e).
 Air-Conditioning and Heating    HP.                and <760,000 Btu/                                2007 (omit
 Equipment.                                         h.                                               section 6.3).
                                Water-Cooled and   >=240,000 Btu/h    EER.........................  AHRI 340/360-     Paragraphs (c) and (e).
                                 Evaporatively-     and <760,000 Btu/                                2007 (omit
                                 Cooled AC.         h.                                               section 6.3)..
Packaged Terminal Air           AC and HP........  <760,000 Btu/h...  EER and COP.................  See paragraph     Paragraphs (c), (e), and (g).
 Conditioners and Heat Pumps.                                                                        (g) of this
                                                                                                     section.
Computer Room Air Conditioners  AC...............  <65,000 Btu/h....  SCOP........................  ASHRAE 127-2007   Paragraphs (c) and (e).
                                                                                                     (omit section
                                                                                                     5.11).
                                                   >=65,000 Btu/h     SCOP........................  ASHRAE 127-2007   Paragraphs (c) and (e).
                                                    and <760,000 Btu/                                (omit section
                                                    h.                                               5.11).
Variable Refrigerant Flow       AC...............  <760,000 Btu/h...  EER and COP.................  AHRI 1230-2010    Paragraphs (c), (d), (e), and (f).
 Multi-split Systems.                                                                                (omit sections
                                                                                                     5.1.2 and 6.6).
Variable Refrigerant Flow       HP...............  <760,000 Btu/h...  EER and COP.................  AHRI 1230-2010    Paragraphs (c), (d), (e), and (f).
 Multi-split Systems, Air-                                                                           (omit sections
 cooled.                                                                                             5.1.2 and 6.6).
Variable Refrigerant Flow       HP...............  <17,000 Btu/h....  EER and COP.................  AHRI 1230-2010    Paragraphs (c), (d), (e), and (f).
 Multi-split Systems, Water-                                                                         (omit sections
 source.                                                                                             5.1.2 and 6.6).
Variable Refrigerant Flow       HP...............  >=17,000 Btu/h     EER and COP.................  AHRI 1230-2010    Paragraphs (c), (d), (e), and (f).
 Multi-split Systems, Water-                        and <760,000 Btu/                                (omit sections
 source.                                            h.                                               5.1.2 and 6.6).
Single Package Vertical Air     AC and HP........  <760,000 Btu/h...  EER and COP.................  AHRI 390-2003     Paragraphs (c) and (e).
 Conditioners and Single                                                                             (omit section
 Package Vertical Heat Pumps.                                                                        6.4).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Incorporated by reference, see Sec.   431.95.

    (c) Optional break-in period. Manufacturers may optionally specify 
a ``break-in'' period, not to exceed 20 hours, to operate the equipment 
under test prior to conducting the test method specified by AHRI 210/
240-2008, AHRI 310/380-2014, AHRI 340/360-2007, AHRI 390-2003, AHRI 
1230-2010, or ASHRAE 127-2007 (incorporated by reference, see Sec.  
431.95). A manufacturer who elects to use an optional break-in period 
in its certification testing should record this information (including 
the duration) in the test data underlying the certified ratings that is 
required to be maintained under 10 CFR 429.71.
* * * * *
    (g) Test Procedures for Packaged Terminal Air Conditioners and 
Packaged Terminal Heat Pumps--(1) Cooling mode testing. The test method 
for testing packaged terminal air conditioners and packaged terminal 
heat pumps in cooling mode shall consist of application of the methods 
and conditions in AHRI 310/380-2014 sections 3, 4.1, 4.2, 4.3, and 4.4 
(incorporated by reference; see Sec.  431.95), and in ANSI/ASHRAE 16 
(incorporated by reference; see Sec.  431.95) or ANSI/ASHRAE 37 
(incorporated by reference; see Sec.  431.95), except that instruments 
used for measuring electricity input shall be accurate to within 0.5 percent of the quantity measured. Where definitions provided 
in AHRI 310/380-2014, ANSI/ASHRAE 16, and/or ANSI/ASHRAE 37 conflict 
with the definitions provided in 10 CFR 431.92, the 10 CFR 431.92 
definitions shall be used. Where AHRI 310/380-2014 makes reference to 
ANSI/ASHRAE 16, it is interpreted as reference to ANSI/ASHRAE 16-1983 
(RA 2014).
    (2) Heating mode testing. The test method for testing packaged 
terminal heat pumps in heating mode shall consist of application of the 
methods and conditions in AHRI 310/380-2014 sections 3, 4.1, 4.2 
(except the section 4.2.1.2(b) reference to ANSI/ASHRAE 37), 4.3, and 
4.4 (incorporated by reference; see Sec.  431.95), and in ANSI/ASHRAE 
58 (incorporated by reference; see Sec.  431.95). Where definitions 
provided in AHRI 310/380-2014 or ANSI/ASHRAE 58 conflict with the 
definitions provided in 10 CFR 431.92, the 10 CFR 431.92 definitions 
shall be used. Where AHRI 310/380-2014 makes reference to ANSI/ASHRAE 
58, it is interpreted as reference to ANSI/ASHRAE 58-1986 (RA 2014).
    (3) Wall sleeves. For packaged terminal air conditioners and 
packaged terminal heat pumps, the unit must be installed in a wall 
sleeve with a 14 inch depth if available. If a 14 inch deep wall sleeve 
is not available, use the available wall sleeve option closest to 14 
inches in depth. The area(s) between the wall sleeve and the insulated 
partition between the indoor and outdoor rooms must be sealed to 
eliminate all air leakage through this area.
    (4) Optional pre-filling of the condensate drain pan. For packaged 
terminal air conditioners and packaged terminal heat pumps, test 
facilities may add water to the condensate drain pan of the equipment 
under test (until the water drains out due to overflow devices or until 
the pan is full) prior to conducting the test method specified by AHRI 
310/380-2014 (incorporated by reference, see Sec.  431.95). No specific 
level of water mineral content or water temperature is required for the 
water added to the condensate drain pan.
    (5) Filter selection. For packaged terminal air conditioners and 
packaged terminal heat pumps, the indoor filter used during testing 
shall be the standard or default filter option shipped with the model. 
If a particular model is shipped without a filter, the unit must be 
tested with a MERV-1 filter sized appropriately for the filter slot.

[FR Doc. 2015-15885 Filed 6-29-15; 8:45 a.m.]
 BILLING CODE 6450-01-P



                                                  37136                       Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations

                                                   Age of separated employee at                                           procedures AHRI Standard 310/380–                      SUPPLEMENTARY INFORMATION:    This final
                                                                                                           Multiplier
                                                       birthday before death                                              2014, ANSI/ASHRAE Standard 16–1983                     rule incorporates by reference into Part
                                                                                                                          (RA 2014), ANSI/ASHRAE Standard 37–                    431 the following industry standards:
                                                  49   ..............................................            .4485    2009, and ANSI/ASHRAE Standard 58–                        (1) AHRI Standard 310/380–2014
                                                  50   ..............................................            .4812    1986 (RA 2014), and specify additional                 (‘‘AHRI 310/380–2014’’), (Supersedes
                                                  51   ..............................................            .5164
                                                  52   ..............................................            .5545
                                                                                                                          testing provisions that must be followed               ANSI/AHRI 310/380–2004), ‘‘Standard
                                                  53   ..............................................            .5955    including an optional break-in period,                 for Packaged Terminal Air-Conditioners
                                                  54   ..............................................            .6400    require that cooling capacity tests be                 and Heat Pumps,’’ published February
                                                  55   ..............................................            .6881    conducted using electricity measuring                  2014.
                                                  56   ..............................................            .7404    instruments accurate to +/¥ 0.5% of                       (2) ANSI/ASHRAE Standard 16–1983
                                                  57   ..............................................            .7972    reading, explicitly require that wall                  (RA 2014), (‘‘ANSI/ASHRAE 16’’),
                                                  58   ..............................................            .8590    sleeves be sealed, allow for the pre-                  ‘‘Method of Testing for Rating Room Air
                                                  59   ..............................................            .9264    filling of the condensate drain pan, and               Conditioners and Packaged Terminal
                                                                                                                          require testing with 14-inch deep wall                 Air Conditioners,’’ ASHRAE reaffirmed
                                                    With at least 30 years of creditable
                                                                                                                          sleeves and the filter option most                     July 3, 2014.
                                                  service—
                                                                                                                          representative of a typical installation.                 (3) ANSI/ASHRAE Standard 58–1986
                                                                                             Multiplier by sepa-                                                                 (RA 2014), (‘‘ANSI/ASHRAE 58’’),
                                                                                                                          DATES:  The effective date of this rule is
                                                                                             rated employee’s                                                                    ‘‘Method of Testing for Rating Room
                                                                                                                          July 30, 2015. The final rule changes
                                                    Age of separated em-                        year of birth                                                                    Air-Conditioner and Packaged Terminal
                                                                                                                          will be mandatory for representations
                                                    ployee at birthday be-                                                                                                       Air-Conditioner Heating Capacity,’’
                                                                                                               From       starting June 24, 2016. The
                                                         fore death                            After            1950                                                             ASHRAE reaffirmed July 3, 2014.
                                                                                                                          incorporation by reference of certain
                                                                                               1966           through                                                               (4) ANSI/ASHRAE Standard 37–2009,
                                                                                                                          publications listed in this rule was
                                                                                                                1966                                                             (‘‘ANSI/ASHRAE 37’’) (Supersedes
                                                                                                                          approved by the Director of the Federal
                                                                                                                                                                                 ANSI/ASHRAE Standard 37–2005),
                                                  46   ..................................         .4561          .4910    Register as of July 30, 2015.
                                                                                                                                                                                 ‘‘Methods of Testing for Rating
                                                  47   ..................................         .4889          .5264    ADDRESSES:    The docket, which includes               Electrically Driven Unitary Air-
                                                  48   ..................................         .5244          .5646
                                                                                                                          Federal Register notices, public meeting               Conditioning and Heat Pump
                                                  49   ..................................         .5624          .6055
                                                  50   ..................................         .6035          .6497    attendee lists and transcripts,                        Equipment,’’ ASHRAE approved June
                                                  51   ..................................         .6476          .6973    comments, and other supporting                         20, 2009; ANSI approved June 25, 2009.
                                                  52   ..................................         .6954          .7487    documents/materials, is available for                     You can obtain copies of AHRI
                                                  53   ..................................         .7469          .8042    review at www.regulations.gov. All                     standards from the Air-Conditioning,
                                                  54   ..................................         .8027          .8643    documents in the docket are listed in                  Heating, and Refrigeration Institute,
                                                  55   ..................................         .8631          .9294    the www.regulations.gov index.                         2111 Wilson Boulevard, Suite 500,
                                                  56   ..................................         .9287         1.0000    However, some documents listed in the                  Arlington, VA 22201, 703–524–8800, or
                                                                                                                          index, such as those containing                        www.ahrinet.org. You can obtain copies
                                                  [FR Doc. 2015–15992 Filed 6–29–15; 8:45 am]
                                                                                                                          information that is exempt from public                 of ASHRAE standards from the
                                                  BILLING CODE 6325–38–P
                                                                                                                          disclosure, may not be publicly                        American Society of Heating,
                                                                                                                          available.                                             Refrigerating and Air-Conditioning
                                                                                                                             A link to the docket Web page can be                Engineers, 1791 Tullie Circle, NE.
                                                  DEPARTMENT OF ENERGY                                                    found at: http://www.regulations.gov/                  Atlanta, GA 30329, 404–636–8400, or
                                                                                                                          #!docketDetail;D=EERE-2012-BT-TP-                      www.ashrae.org.
                                                  10 CFR Parts 429 and 431
                                                                                                                          0032. This Web page will contain a link                Table of Contents
                                                  [Docket No. EERE–2012–BT–TP–0032]                                       to the docket for this notice on the
                                                                                                                          regulations.gov site. The regulations.gov              I. Authority and Background
                                                  RIN 1904–AD19                                                                                                                     A. General Test Procedure Rulemaking
                                                                                                                          Web page will contain simple
                                                                                                                                                                                       Process
                                                  Energy Conservation Program: Test                                       instructions on how to access all                         B. DOE PTAC and PTHP Test Procedures
                                                  Procedures for Packaged Terminal Air                                    documents, including public comments,                  II. Summary of the Final Rule
                                                  Conditioners and Packaged Terminal                                      in the docket.                                         III. Discussion
                                                  Heat Pumps                                                                 For further information on how to                      A. Break-In Duration
                                                                                                                          review the docket, contact Ms. Brenda                     B. Wall Sleeve Sealing
                                                  AGENCY:  Office of Energy Efficiency and                                Edwards at (202) 586–2945 or by email:                    C. Pre-Filling Condensate Drain Pan
                                                  Renewable Energy, Department of                                                                                                   D. ANSI/ASHRAE 16 vs. ANSI/ASHRAE
                                                                                                                          Brenda.Edwards@ee.doe.gov.                                   37
                                                  Energy.
                                                                                                                          FOR FURTHER INFORMATION CONTACT:    Mr.                   E. AHRI Standard 310/380–2014 and
                                                  ACTION: Final rule.                                                                                                                  Reaffirmed ASHRAE Standards
                                                                                                                          Ronald Majette, U.S. Department of
                                                                                                                          Energy, Office of Energy Efficiency and                   F. Wall Sleeve Size and Filter
                                                  SUMMARY:   On March 13, 2014, the U.S.                                                                                               Requirements for Testing
                                                  Department of Energy (DOE) issued a                                     Renewable Energy, Building
                                                                                                                                                                                    G. Barometric Pressure Correction
                                                  notice of proposed rulemaking (NOPR)                                    Technologies Program, EE–5B, 1000                         H. Part-Load Efficiency Metric and Varying
                                                  to amend the test procedures for                                        Independence Avenue SW.,                                     Ambient Conditions
                                                  packaged terminal air conditioners                                      Washington, DC 20585–0121.                                I. Cooling Capacity Verification
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  (PTACs) and packaged terminal heat                                      Telephone: (202) 586–7935. Email:                         J. Additional Comments
                                                  pumps (PTHPs). That NOPR serves as                                      PTACs@ee.doe.gov.                                         K. Compliance Date of the Test Procedure
                                                  the basis for this final rule regarding the                               Jennifer Tiedeman, U.S. Department                         Amendments
                                                                                                                                                                                 IV. Procedural Issues and Regulatory Review
                                                  test method for PTACs and PTHPs. The                                    of Energy, Office of the General Counsel,                 A. Review Under Executive Order 12866
                                                  amendments adopted here do not affect                                   GC–33, 1000 Independence Avenue                           B. Review Under the Regulatory Flexibility
                                                  measured energy use. These changes                                      SW., Washington, DC 20585–0121.                              Act
                                                  incorporate by reference certain sections                               Telephone: (202) 287–6111. Email:                         C. Review Under the Paperwork Reduction
                                                  of the latest versions of industry test                                 Jennifer.Tiedeman@hq.doe.gov.                                Act of 1995



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                                                                      Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations                                        37137

                                                     D. Review Under the National                         during a representative average use                    PTHPs (‘‘February 2013 Framework
                                                        Environmental Policy Act of 1969                  cycle or period of use and shall not be                Document’’). 78 FR 12252. In the
                                                     E. Review Under Executive Order 13132                unduly burdensome to conduct. (42                      February 2013 Framework Document,
                                                     F. Review Under Executive Order 12988                U.S.C. 6314(a)(2))                                     DOE sought comments on issues
                                                     G. Review Under the Unfunded Mandates                   In addition, if DOE determines that a
                                                        Reform Act of 1995
                                                                                                                                                                 pertaining to the test procedures for
                                                     H. Review Under the Treasury and General
                                                                                                          test procedure amendment is warranted,                 PTACs and PTHPs, including
                                                        Government Appropriations Act, 1999               it must publish a proposed test                        equipment break-in, wall sleeve sealing,
                                                     I. Review Under Executive Order 12630                procedure and offer the public an                      pre-filling the condensate drain pan,
                                                     J. Review Under Treasury and General                 opportunity to present oral and written                barometric pressure correction, and
                                                        Government Appropriations Act, 2001               comments on them. (42 U.S.C. 6314(b))                  differences between the test methods of
                                                     K. Review Under Executive Order 13211                Finally, in any rulemaking to amend a                  ANSI/ASHRAE 16 and ANSI/ASHRAE
                                                     L. Review Under Section 32 of the Federal            test procedure, DOE must determine to                  37. In response to the February 2013
                                                        Energy Administration Act of 1974                 what extent, if any, the proposed test                 Framework Document, interested
                                                     M. Description of Materials Incorporated             procedure would alter the measured                     parties provided comments responding
                                                        by Reference                                      energy efficiency of any covered
                                                     N. Congressional Notification
                                                                                                                                                                 to the requests for comment regarding
                                                     O. Approval of the Office of the Secretary
                                                                                                          equipment as determined under the                      test procedure issues.
                                                                                                          existing test procedure. (42 U.S.C.                       On February 26, 2013, members of the
                                                  I. Authority and Background                             6314(a)(4))                                            Appliance Standards and Rulemaking
                                                                                                                                                                 Federal Advisory Committee (ASRAC)
                                                     Title III, Part C 1 of the Energy Policy             B. DOE PTAC and PTHP Test
                                                                                                                                                                 unanimously decided to form a working
                                                  and Conservation Act of 1975 (EPCA or                   Procedures
                                                                                                                                                                 group to engage in a negotiated
                                                  ‘‘the Act’’), Public Law 94–163 (42                        DOE’s test procedures for PTACs and                 rulemaking effort on the certification of
                                                  U.S.C. 6291–6309, as codified), added                   PTHPs are codified at Title 10 of the                  commercial heating, ventilation, and air
                                                  by Public Law 95–619, Title IV, section                 Code of Federal Regulations (CFR)                      conditioning (HVAC) equipment (10
                                                  441(a), established the Energy                          section 431.96. The test procedures                    CFR part 431, subparts D, E and F),
                                                  Conservation Program for Certain                        were established on December 8, 2006,                  water heating (WH) equipment (10 CFR
                                                  Industrial Equipment.2 This equipment                   in a final rule that incorporated by                   part 431, subpart G), and refrigeration
                                                  includes packaged terminal air                          reference the American National                        equipment (10 CFR part 431, subpart C).
                                                  conditioners (PTACs) and packaged                       Standards Institute’s (ANSI) and Air-                  A notice of intent to form the
                                                  terminal heat pumps (PTHPs), the                        Conditioning, Heating, and Refrigeration               Commercial Certification Working
                                                  subjects of this document.                              Institute’s (AHRI) Standard 310/380–                   Group (‘‘Working Group’’) was
                                                     Under EPCA, the energy conservation                  2004, ‘‘Standard for Packaged Terminal                 published in the Federal Register on
                                                  program consists essentially of four                    Air-Conditioners and Heat Pumps’’                      March 12, 2013. DOE received 35
                                                  parts: (1) Testing, (2) labeling, (3)                   (‘‘ANSI/AHRI 310/380–2004’’). 71 FR                    nominations for the Working Group. 78
                                                  Federal energy conservation standards,                  71340, 71371. ANSI/AHRI 310/380–                       FR 15653. On April 16, 2013, the
                                                  and (4) certification and enforcement                   2004 is incorporated by reference at 10                Department published a notice of open
                                                  procedures. The testing requirements                    CFR 431.95(a)(3) and it references (1)                 meeting that announced the first
                                                  consist of test procedures that                         the ANSI and American Society of                       meeting and listed the 22 nominees
                                                  manufacturers of covered products must                  Heating, Refrigerating and Air-                        DOE selected to serve as members of the
                                                  use as the basis for (1) certifying to DOE              Conditioning Engineers (ASHRAE)                        Working Group along with two
                                                  that their products comply with the                     Standard 16–1983 (RA 99), ‘‘Method of                  members from ASRAC and one DOE
                                                  applicable energy conservation                          Testing for Rating Room Air                            representative. 78 FR 22431. Following
                                                  standards adopted under EPCA, and (2)                   Conditioners and Packaged Terminal                     a series of open meetings, the Working
                                                  making representations about the                        Air Conditioners’’ (‘‘ANSI/ASHRAE                      Group published a set of
                                                  efficiency of those products. Similarly,                16’’); (2) ANSI/ASHRAE Standard 58–                    recommendations, and DOE issued the
                                                  DOE must use these test procedures to                   1986 (RA 99), ‘‘Method of Testing for                  Certification of Commercial HVAC, WH,
                                                  determine whether the products comply                   Rating Room Air-Conditioner and                        and Refrigeration Equipment NOPR
                                                  with any relevant standards                             Packaged Terminal Air-Conditioner                      (‘‘Certification of Commercial
                                                  promulgated under EPCA.                                 Heating Capacity’’ (‘‘ANSI/ASHRAE                      Equipment NOPR’’) on February 14,
                                                                                                          58’’); and (3) ANSI/ASHRAE Standard                    2014 summarizing the Working Group’s
                                                  A. General Test Procedure Rulemaking
                                                                                                          37–1988, ‘‘Methods of Testing for Rating               recommendations for certification
                                                  Process
                                                                                                          Electrically Driven Unitary Air-                       requirements. 79 FR 8886. The group
                                                    Under 42 U.S.C. 6314, EPCA sets forth                 Conditioning and Heat Pump                             recommended a number of test
                                                  the criteria and procedures DOE must                    Equipment’’ (‘‘ANSI/ASHRAE 37’’).                      procedure items related to PTACs and
                                                  follow when prescribing or amending                        On May 16, 2012, DOE published a                    PTHPs that were not proposed in the
                                                  test procedures for covered equipment.                  final rule for commercial heating, air-                Certification of Commercial Equipment
                                                  EPCA provides that any test procedure                   conditioning, and water-heating                        NOPR, including 1) a proposal for a
                                                  prescribed or amended under this                        equipment (‘‘ASHRAE equipment’’),                      standardized wall sleeve to be used
                                                  section shall be reasonably designed to                 which included amendments to the test                  during testing, and 2) a proposal for a
                                                  produce test results which measure                      procedures for PTACs and PTHPs.                        standardized filter for testing, both of
                                                  energy efficiency, energy use or                        These amendments incorporated a                        which are discussed in this final rule.
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  estimated annual operating cost of                      number of sections of ANSI/AHRI 310/                      In February 2014, AHRI published
                                                  industrial equipment (or class thereof)                 380–2004 by reference. 77 FR 28928,                    AHRI Standard 310/380–2014,
                                                                                                          28990.                                                 ‘‘Standard for Packaged Terminal Air-
                                                    1 For editorial reasons, upon codification in the
                                                                                                             On February 22, 2013, DOE published                 Conditioners and Heat Pumps,’’ (‘‘AHRI
                                                  U.S. Code, Part C was redesignated Part A–1.            a notice of public meeting and                         310/380–2014’’), which updates and
                                                    2 All references to EPCA in this document refer

                                                  to the statute as amended through the American
                                                                                                          availability of framework document to                  supersedes the ANSI/AHRI 310/380–
                                                  Energy Manufacturing Technical Corrections Act          consider potential amendment of energy                 2004 referenced by the current test
                                                  (AEMTCA), Pub. L. 112–210 (Dec. 18, 2012).              conservation standards for PTACs and                   procedure.


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                                                  37138              Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations

                                                     On March 13, 2014, DOE published a                   procedures. In this regard, DOE adds                   ANSI/ASHRAE 16 as the sole test
                                                  NOPR (‘‘March 2014 NOPR’’) proposing                    AHRI 310/380–2014 to the list of                       method acceptable for measuring the
                                                  amendments to the DOE PTAC and                          commercial air-conditioner standards at                cooling capacity of PTACs and PTHPs.
                                                  PTHP test procedures (10 CFR 431,                       10 CFR 431.96(c), which currently                         The amended test method requires
                                                  Subpart F), specifically to specify an                  provides an optional break-in period of                that measurements of cooling capacity
                                                  optional break-in period, explicitly                    up to 20 hours for other commercial air-               be conducted using electricity
                                                  require that wall sleeves be sealed,                    conditioner equipment types. Any                       measuring instruments accurate to +/¥
                                                  allow for the pre-filling of the                        PTAC or PTHP manufacturer that elects                  0.5% of reading. DOE believes this
                                                  condensate drain pan, require that the                  to use a break-in period must certify the              tighter requirement for electricity
                                                  cooling capacity for PTACs and PTHPs                    duration of the break-in period it used                measurement accuracy will help to
                                                  be determined by testing pursuant to                    for each basic model in the certification              ensure consistency between tests
                                                  ANSI/ASHRAE 16, and require testing                     report for such basic models. DOE will                 conducted using ANSI/ASHRAE 16 and
                                                  with 14-inch deep wall sleeves and the                  use the same break-in period for any                   ANSI/ASHRAE 37, which have differing
                                                  filter option most representative of a                  DOE-initiated testing as the                           requirements for electrical
                                                  typical installation. 79 FR 14186. DOE                  manufacturer used in its certified                     instrumentation accuracy. Section 5.4.2
                                                  held a public meeting on April 28, 2014,                ratings. In the case an alternate                      of ANSI/ASHRAE 16 requires that
                                                  to hear oral comments on and solicit                    efficiency determination method                        instruments for measuring electrical
                                                  information relevant to the March 2014                  (AEDM) is used to develop the certified                inputs be accurate to +/¥ 0.5% of the
                                                  NOPR.                                                   ratings, DOE will use the maximum 20-                  quantity measured, while section 5.4.2
                                                     On July 3, 2014, ASHRAE reaffirmed                   hour break-in period, which will                       of ANSI/ASHRAE 37 requires accuracy
                                                  ANSI/ASHRAE 16 and ANSI/ASHRAE                          provide the unit sufficient time to                    to +/¥ 2.0% of the quantity measured,
                                                  58 and republished the standards to                     stabilize and achieve optimal                          which represents allowing up to 1.5%
                                                  correct errata that existed in previous                 performance.                                           greater uncertainty in measurements of
                                                  versions. These errata corrections do not                  The amended test method requires                    input power and efficiency. The
                                                  change the procedures. The reaffirmed                   that, as part of the set-up for testing,               amendment requiring +/¥ 0.5%
                                                  2014 versions of ANSI/ASHRAE 16 and                     testers seal gaps between wall sleeves                 accuracy is consistent with the March
                                                  ANSI/ASHRAE 58 are not referenced by                    and the test facility dividing wall. This              2014 NOPR proposal to require use of
                                                  the updated AHRI Standard 310/380–                      requires the PTAC or PTHP wall sleeve                  ANSI/ASHRAE 16 as the sole test
                                                  2014 test procedure published in                        to be sealed per manufacturer                          method acceptable for measuring the
                                                  February 2014.                                          specifications as provided in the                      cooling capacity of equipment.
                                                     With respect to this rulemaking, DOE                 installation manual or, if none, by using
                                                                                                                                                                    The amended test method requires
                                                  determined that none of the adopted                     a standard sealing method.
                                                                                                             The amended test method allows pre-                 testing using a 14-inch deep wall sleeve
                                                  amendments change the measured
                                                                                                          filling of the condensate drain pan with               and the air filter that is shipped with the
                                                  energy use of PTACs and PTHPs when
                                                                                                          water before running the DOE test                      tested unit. If no filter is supplied with
                                                  compared to the current test procedures.
                                                                                                          procedures. This amendment allows the                  the unit, the amended test procedures
                                                  (42 U.S.C. 6314(a)(4); 10 CFR 431.96)
                                                     This final rule fulfills DOE’s                       unit to reach steady state more quickly,               require testing using an off-the-shelf
                                                  obligation to periodically review its test              which may decrease the burden and                      filter rated at Minimum Efficiency
                                                  procedures for all covered equipment,                   cost of testing.                                       Reporting Value (MERV)-1. These
                                                  including PTACs and PTHPs, at least                        In the March 2014 NOPR, DOE                         amendments remove testing variability
                                                  once every 7 years and either amend the                 proposed to modify the test procedures                 resulting from the use of non-standard
                                                  applicable test procedures or publish a                 to require ANSI/ASHRAE 16 as the test                  accessories.
                                                  determination in the Federal Register                   method for measuring the cooling                          DOE prefers to reference the most
                                                  not to amend them. (42 U.S.C.                           capacity of PTACs and PTHPs. 79 FR at                  recent industry standards, where
                                                  6314(a)(1))                                             14190–91 (March 13, 2014). The                         possible. Therefore, this final rule
                                                                                                          proposal would have disallowed testing                 updates the DOE test procedures for
                                                  II. Summary of the Final Rule                           to determine cooling capacity by                       PTACs and PTHPs to reference AHRI
                                                     In this final rule, DOE amends the test              psychrometric testing in accordance                    310/380–2014 instead of the superseded
                                                  procedures for PTACs and PTHPs in 10                    with ANSI/ASHRAE 37, which is                          ANSI/AHRI 310/380–2004. DOE also
                                                  CFR 431, Subpart F, to reference certain                currently allowed by the DOE test                      incorporates by reference the recently
                                                  sections of the industry test procedures                procedures. Interested parties                         updated ANSI/ASHRAE 16–1983 (RA
                                                  AHRI 310/380–2014, ANSI/ASHRAE                          commented that the differences in test                 2014) and ANSI/ASHRAE 58–1986 (RA
                                                  Standard 16–1983 (RA 2014), ANSI/                       results between ANSI/ASHRAE 16 and                     2014), as well as the 2009 version of
                                                  ASHRAE 37–2009, and ANSI/ASHRAE                         ANSI/ASHRAE 37 are small, and                          ANSI/ASHRAE 37. The amended test
                                                  58–1986 (RA 2014), and to specify an                    provided data to support their claims.                 procedure directly incorporates by
                                                  optional break-in period, explicitly                    Interested parties also commented that                 reference these three ASHRAE
                                                  require that wall sleeves be sealed,                    the requirement of a calorimetric test                 standards, allowing use of ANSI/
                                                  allow for the pre-filling of the                        using ANSI/ASHRAE 16 places                            ASHRAE 16–2014 or ANSI–ASHRAE
                                                  condensate drain pan, require that                      additional burdens on manufacturers in                 37–2009 for determination of cooling
                                                  measurements of cooling capacity be                     the form of significant capital                        mode ratings and ANSI/ASHRAE 58–
                                                  conducted using electrical instruments                  expenditures to construct test facilities              2014 for determination of heating mode
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                                                  accurate to +/¥0.5% of reading, and                     compliant with ANSI/ASHRAE 16.                         ratings.
                                                  require testing with 14-inch deep wall                  Based on these comments, DOE                              DOE determined that these changes to
                                                  sleeves and the filter option most                      determined that disallowing                            the PTAC and PTHP test procedures do
                                                  representative of a typical installation.               psychrometric testing (such as that                    not result in any additional burden to
                                                     The amendments explicitly allow                      conducted using ANSI/ASHRAE 37)                        manufacturers or result in any changes
                                                  PTAC and PTHP manufacturers the                         would place additional burden on                       to the current measured energy
                                                  option of using a break-in period (up to                manufacturers. As a result, in this final              efficiency of covered equipment. Rather,
                                                  20 hours) before conducting the test                    rule, DOE does not require the use of                  the changes provide additional


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                                                                      Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations                                            37139

                                                  clarification regarding how to conduct                  in period. (CA IOUs, No. 9 at p. 3) The                  a longer break-in period on PTAC and
                                                  the DOE test procedures.                                CA IOUs indicated that they would                        PTHP equipment.
                                                                                                          support AHRI in using a longer break in                     Therefore, in this final rule, DOE adds
                                                  III. Discussion                                                                                                  PTACs and PTHPs to the list of
                                                                                                          period if it would provide a better
                                                  A. Break-In Duration                                    indication of equipment’s steady state                   commercial air-conditioning and
                                                     Break-in, also called run-in, refers to              performance. (CA IOUs, Public Meeting                    heating equipment for which a break-in
                                                  the operation of equipment prior to                     Transcript, No. 5 at p. 17) 5 Goodman                    period of up to 20 hours prior to testing
                                                  testing to cause preliminary wear in the                Manufacturing Company (Goodman)                          is allowed.
                                                                                                          requested that DOE allow a break-in                         DOE did not receive any comments on
                                                  compressor, which may improve
                                                                                                          time of up to 72 hours (instead of up to                 its related proposal to add a certification
                                                  measured performance. DOE
                                                                                                          20 hours, as DOE proposed) and cited                     reporting requirement to indicate the
                                                  understands that many labs commonly
                                                                                                          two research papers describing the                       duration of the break-in period. Thus,
                                                  incorporate a break-in period before the
                                                                                                          break-in behavior of scroll compressors                  DOE requires manufacturers to provide
                                                  start of efficiency tests for air
                                                                                                          in support of its request.6 7 DOE                        the duration of the break-in period used
                                                  conditioning equipment. DOE’s May 16,
                                                                                                          examined these papers and observed                       during testing to support the
                                                  2012 final rule for ASHRAE equipment
                                                                                                          that the conclusions presented in the                    development of the certified ratings in
                                                  added a specification in the test
                                                                                                          papers comparing the changes in unit                     the certification report. As such, DOE
                                                  procedures for several types of
                                                                                                          efficiency (as measured by the energy                    modifies the certification requirements
                                                  commercial air conditioning and
                                                                                                          efficiency ratio, or EER) to break-in time               for PTACs and PTHPs that were
                                                  heating equipment that allows an
                                                                                                          are based on analytical models of                        proposed on February 14, 2014 (79 FR
                                                  optional break-in period of up to 20
                                                                                                          compressor wear rather than actual test                  8886, 8900) to require the manufacturer
                                                  hours and requires that manufacturers
                                                                                                          data. DOE notes that the conference                      to include the break-in period in the
                                                  record the duration of the break-in
                                                                                                          paper authored by H.E. Khalifa 7                         certification report. DOE notes that
                                                  period. The May 16, 2012 final rule
                                                                                                          provides a caveat alongside its data,                    manufacturers must maintain records
                                                  included amendments to the test
                                                                                                          stating that it is not advisable to apply                underlying their certified rating, which
                                                  procedures for PTACs and PTHPs.
                                                                                                          the data to compare different families of                must reflect this optional break-in
                                                  However, DOE did not apply this
                                                                                                          compressors (e.g., scroll compressors                    period duration pursuant to 10 CFR
                                                  optional break-in period provision to
                                                                                                          versus rotary compressors) or different                  429.71.
                                                  PTACs or PTHPs in the May 16, 2012
                                                  final rule. 77 FR 28928, 28991.                         designs of equipment.8 As Goodman                        B. Wall Sleeve Sealing
                                                     In the March 2014 NOPR, DOE                          noted in its comment presenting these                      PTACs and PTHPs are tested in a
                                                  proposed to allow an optional break-in                  studies, the data in this conference                     testing facility incorporating a room
                                                  period of up to 20 hours applicable to                  paper pertain to scroll compressors,                     simulating indoor conditions and a
                                                  testing of PTACs and PTHPs. DOE also                    which are not used in PTAC and PTHP                      room simulating outdoor ambient
                                                  proposed to add a certification reporting               applications. As such, DOE does not                      conditions. The rooms are separated by
                                                  requirement to indicate the duration of                 view the papers as evidence that break-                  a dividing wall with an opening through
                                                  the break-in period for tests used to                   in periods exceeding 20 hours provide                    which a wall sleeve is mounted to hold
                                                  support certification. DOE requested                    additional efficiency improvements for                   the test sample. In most cases, the wall
                                                  comments on these proposals and, if                     PTAC or PTHP equipment. DOE has not                      sleeve and test sample are placed in the
                                                  commenters supported longer break-in                    found evidence that break-in periods                     opening, and any remaining gaps
                                                  periods, data demonstrating that longer                 exceeding 20 hours increase the tested                   between the dividing wall and the wall
                                                  break-in periods make a significant                     efficiency measurements for a PTAC or                    sleeve around the unit are filled with
                                                  impact on efficiency measurements for                   PTHP. A maximum break-in period of                       insulating material. Under the current
                                                  this equipment. 79 FR at 14188–89                       20 hours will align the break-in                         test procedures, the gaps between the
                                                  (March 13, 2014).                                       provision for PTAC and PTHP                              wall sleeve and the dividing wall may
                                                     In response, AHRI commented that a                   equipment with other commercial air                      also be sealed with duct tape. Regarding
                                                  break-in period is necessary, but                       conditioners and heat pumps. DOE does                    sealing for air leakage, ANSI/ASHRAE
                                                  recommended that the break-in period                    not believe that the request for a 72-hour               16 states, ‘‘Interior surfaces of the
                                                  be a minimum of 24 hours and a                          break-in period has been adequately                      calorimeter compartments shall be of
                                                  maximum of 72 hours to provide for                      justified with data showing the effect of                nonporous material with all joints
                                                  more consistent and accurate efficiency                                                                          sealed against air and moisture
                                                  measurements. (AHRI, No. 8 at p. 1) 3                      5 A notation in the form ‘‘CA IOUs, Public
                                                                                                                                                                   leakage.’’ (Section 4.2.8). This statement
                                                  The California Investor Owned                           Meeting Transcript, No. 5 at p. 17’’ identifies a
                                                                                                                                                                   does not explicitly require that gaps
                                                  Utilities 4 (CA IOUs) supported DOE’s                   comment that DOE received during a public
                                                                                                          meeting and has included in the docket of DOE’s          between the wall and the test sample’s
                                                  proposal to amend the DOE test                          ‘‘Energy Conservation Test Procedures for Packaged       wall sleeve be sealed.
                                                  procedures to include an optional break-                Terminal Air Conditioners and Packaged Terminal            ANSI/ASHRAE 16 also states, ‘‘The
                                                                                                          Heat Pumps’’ (Docket No. EERE–2012–BT–TP–                air conditioner shall be installed in a
                                                    3 A notation in the form ‘‘AHRI, No. 8 at p. 1’’      0032). This particular notation refers to a comment:
                                                                                                          (1) Submitted by the CA IOUs; (2) transcribed from       manner similar to its normal
                                                  identifies a written comment that DOE received and
                                                  has included in the docket of DOE’s ‘‘Energy            the public meeting in document number 5 of the           installation’’ (Section 4.2.2). In normal
                                                  Conservation Test Procedures for Packaged               docket, and (3) appearing on page 17 of that             practice, PTACs and PTHPs are
                                                  Terminal Air Conditioners and Packaged Terminal         document.                                                installed within wall sleeves that are
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                                                                                                             6 Sundaresan, S. G., ‘‘Evaluation of Lubricants for
                                                  Heat Pumps’’ (Docket No. EERE–2012–BT–TP–                                                                        permanently installed and sealed to the
                                                  0032), which is maintained at www.regulations.gov.      R410A/R407C Applications in Scroll Compressor’’
                                                  This particular notation refers to a comment: (1)       (1998). International Compressor Engineering             external wall of a building. However,
                                                  Submitted by AHRI; (2) filed as document number         Conference. Paper 1210. Available at: http://            the set-up of the DOE test procedures
                                                  8 of the docket, and (3) appearing on page 1 of that    docs.lib.purdue.edu/icec/1210.                           does not allow for the permanent
                                                  document.                                                  7 Khalifa, H. E., ‘‘Break-in Behavior of Scroll
                                                                                                                                                                   installation of wall sleeves in the
                                                    4 The CA IOUs are comprised of Pacific Gas and        Compressors’’ (1996). International Compressor
                                                  Electric Company, Southern California Gas               Engineering Conference. Paper 1145. Available at:        partition cavity. Thus, during testing,
                                                  Company, Southern California Edison, and San            http://docs.lib.purdue.edu/icec/1145.                    the wall sleeve is not necessarily air-
                                                  Diego Gas and Electric Company.                            8 Ibid. p. 444.                                       sealed to the wall as it would be in a


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                                                  37140              Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations

                                                  normal installation in the field. Air                   to a condensate pan in the unit’s                         Private citizen Mike Haag commented
                                                  leakage between the outdoor and indoor                  outdoor-side where a water slinger                     that assisting the unit with achieving
                                                  rooms through gaps between the wall                     integrated with the outdoor fan                        steady state might mask issues with the
                                                  sleeve and the dividing wall can reduce                 distributes the water over the air-inlet               cooling of the system. (Mike Haag, No.
                                                  the measured capacity and efficiency,                   side of the condenser. This process                    2 at p. 1) DOE notes that the DOE test
                                                  contributing to test results                            results in evaporative cooling that                    procedures measure cooling efficiency
                                                  unrepresentative of field operation.                    enhances the cooling of the outdoor coil               at steady state conditions, and test
                                                     In the March 2014 NOPR, DOE                          in air-conditioning mode. At the                       reports do not record the amount of time
                                                  proposed to require that test facilities,               beginning of a test, there may be no                   taken to achieve steady state. Thus, pre-
                                                  when installing PTACs and PTHPs in                      water in the condensate pan. As the test               filling the condensate pan with water to
                                                  the test chamber, seal all potential                    progresses and the unit approaches an                  accelerate the achievement of steady
                                                  leakage gaps between the wall sleeve                    equilibrium state of operation, the                    state conditions would not mask any
                                                  and the dividing wall. DOE sought                       condensate level in the drip pan will                  issues that would otherwise be
                                                  comments on the sealing of PTAC and                     rise and stabilize at a constant level. It             identified by the test procedures.
                                                  PTHP wall sleeves to the test facility                  can take several hours to reach this                      In this final rule, DOE adds the
                                                  dividing wall, including whether the                    steady state.                                          proposed provision in its test
                                                  type or method of sealing (e.g., duct                      To accelerate the testing process, test             procedures at 10 CFR 431.96 to allow
                                                  tape) should be specified, and whether                  facilities typically add water to the                  manufacturers the option of pre-filling
                                                  a test could be developed that, with                    condensate pan at the beginning of the                 the condensate drain pan before starting
                                                  reasonably low test burden, could be                    test rather than wait for the unit to                  the efficiency test. This provision does
                                                  performed to verify an adequate seal. 79                generate sufficient condensate to                      not include requirements regarding the
                                                  FR at 14189 (March 13, 2014)                            stabilize. The current test procedures do              purity or temperature of the water used
                                                     In response, Goodman agreed with the                 not indicate whether this practice is                  to fill the pan.
                                                  proposed clarification that any gaps or                 allowed during efficiency testing.
                                                  area between wall sleeves and walls                                                                            D. ANSI/ASHRAE 16 vs. ANSI/ASHRAE
                                                                                                             In the March 2014 NOPR, DOE                         37
                                                  should be sealed, and stated that the
                                                                                                          proposed to add a provision in its test                   In February 2014, AHRI published
                                                  method of sealing should not be
                                                                                                          procedures at 10 CFR 431.96 to allow                   AHRI 310/380–2014 superseding ANSI/
                                                  specified. (Goodman, No. 7 at p. 2)
                                                                                                          manufacturers the option of pre-filling                AHRI 310/380–2004, which is
                                                  AHRI recommended that the wall sleeve
                                                                                                          the condensate drain pan before starting               referenced by the current DOE test
                                                  be sealed to the test facility dividing
                                                                                                          the efficiency test. The proposed                      procedure. ANSI/AHRI 310/380–2004
                                                  wall in accordance with the
                                                                                                          provision did not specify requirements                 and AHRI 310/380–2014 both indicate
                                                  manufacturer’s installation instructions
                                                  and, if not possible to seal in accordance              regarding the water purity or the water                that either ANSI/ASHRAE 16 or ANSI/
                                                  with the provided instructions, the test                temperature that is to be used. DOE                    ASHRAE 37 may be used to determine
                                                  procedures should specify that adhesive                 sought comments on pre-filling the                     cooling capacity.
                                                  tape, such as duct tape or brown                        condensate drain pan, including                           ANSI/ASHRAE 16 specifies a
                                                  packaging tape, be used to seal the                     whether the type and/or temperature of                 calorimetric test method involving
                                                  entire perimeter of the wall sleeve to the              the water used should be specified in                  measurement of the electric resistance
                                                  test facility diving wall. (AHRI, No. 8 at              the test procedures and/or recorded in                 heater power input needed to exactly
                                                  p. 2) The CA IOUs commented that                        the test data underlying the results. 79               balance a test sample’s cooling capacity.
                                                  sealing the test chamber is good                        FR at 14189–14190 (March 13, 2014).                    ANSI/ASHRAE 37 specifies a
                                                  practice, but that it is not important to                  In response, the CA IOUs and                        psychrometric test method which
                                                  prescribe how sealing is accomplished.                  Goodman supported DOE’s proposal to                    calculates capacity based on the air flow
                                                  (CA IOUs, No. 5 at p. 21) DOE notes that                adopt test procedure amendments that                   rate and the air inlet and outlet
                                                  field instructions for sealing the sleeve               allow pre-filling of the condensate pan.               conditions on the indoor side of the test
                                                  to the building are inconsistent with                   (CA IOUs, No. 9 at p. 3; Goodman, No.                  sample. The two test methods have
                                                  equipment testing, because field                        7 at p. 2)                                             differences that could influence test
                                                  installation involves permanently                          AHRI recommended that DOE specify                   results, particularly for units for which
                                                  sealing the sleeve to the building                      in the test procedures that the                        outgoing evaporator air can recirculate
                                                  penetration, whereas the tested unit and                condensate pan be filled with distilled                back to the evaporator air inlet. When
                                                  its sleeve are intended to be removed                   water between 70 °F and 85 °F and that                 using ANSI/ASHRAE 37, the air leaving
                                                  after testing. Furthermore, DOE did not                 the condensate pan water temperature at                the evaporator section is collected in a
                                                  propose a particular sealing method                     steady state operation be documented in                duct that transfers the air to
                                                  such as adhesive tape, since methods                    the test reports underlying the                        instrumentation for measuring its
                                                  other than use of adhesive tape may be                  certification. However, AHRI also stated               temperature, moisture content, and flow
                                                  just as effective for providing a                       in their comment that the mineral                      rate (see, e.g., Figure 1 of ANSI/
                                                  temporary seal.                                         content of the water is not a concern                  ASHRAE 37). Such collection of the air
                                                     In this final rule, DOE requires that                because the short test period would not                can prevent recirculation to the air inlet,
                                                  any area(s) between the wall sleeve and                 allow for scaling to build up. (AHRI, No.              thus potentially eliminating an
                                                  the insulated partition between the                     8 at p. 2) AHRI did not provide data                   equipment inefficiency and resulting in
                                                  indoor and outdoor rooms must be                        showing that the temperature of the                    a measurement indicating higher
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                                                  sealed to eliminate all air leakage                     water used to prefill the pan will impact              efficiency.
                                                  through this area, but DOE does not                     the test results. Also, if, as AHRI                       Another difference between ANSI/
                                                  specify the method used to achieve the                  acknowledges, the mineral content of                   ASHRAE 16 and ANSI/ASHRAE 37 is
                                                  seal.                                                   the water used to initially fill the pan is            that the two methods have different
                                                                                                          not a concern, it is unclear why using                 requirements for electrical
                                                  C. Pre-Filling Condensate Drain Pan                     distilled water as opposed to tap water                instrumentation accuracy. Section 5.4.2
                                                    Most PTACs and PTHPs transfer the                     would make any difference to the                       of ANSI/ASHRAE 16 requires that
                                                  condensate that forms on the evaporator                 measurement.                                           instruments for measuring electrical


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                                                                     Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations                                         37141

                                                  inputs be accurate to +/– 0.5% of the                   presented data from trial tests                        requirement for electricity measurement
                                                  quantity measured. Section 5.4.2 of                     comparing (1) three units tested in                    accuracy is necessary to maintain
                                                  ANSI/ASHRAE 37 requires that                            Goodman’s calorimetric chamber and                     consistency between tests conducted
                                                  instruments for measuring electrical                    then tested in Goodman’s psychrometric                 using ANSI/ASHRAE 16 and ANSI/
                                                  inputs be accurate to +/¥2.0% of the                    chamber, and (2) five units tested in a                ASHRAE 37. In the March 2014 NOPR,
                                                  quantity measured. The consistency of                   third party calorimetric test chamber                  DOE proposed to require ANSI/
                                                  PTAC and PTHP testing may be                            and then tested in Goodman’s                           ASHRAE 16 as the sole test method
                                                  improved by requiring all efficiency                    psychrometric test facility. For these                 acceptable for measuring the cooling
                                                  tests to be conducted using only one of                 eight units, the maximum variation in                  capacity of equipment. If this proposal
                                                  the two ASHRAE standards. On the                        measured EER between the calorimetric                  were adopted, it would have imposed a
                                                  other hand, such an approach may                        test and the psychrometric test was                    requirement that electricity
                                                  increase test burden, particularly for                  2.5%. (Goodman, No. 7 at p. 3–6). These                measurement instrumentation used in
                                                  those manufacturers that currently use                  data provided by Goodman suggest that                  cooling capacity tests be accurate to +/
                                                  one particular test method.                             the potential discrepancies between                    ¥0.5% of reading, since +/– 0.5% of
                                                    In the March 2014 NOPR, DOE                           calorimetric and psychrometric tests are               reading is the requirement specified in
                                                  described experimental testing                          much smaller than suggested by the                     ANSI/ASHRAE 16. As described above,
                                                  conducted using three PTAC units. DOE                   NOPR-stage DOE testing described                       stakeholders opposed the proposed
                                                  tested all three units at a third-party                 above. DOE agrees that Goodman’s test                  requirement of ANSI/ASHRAE 16 as the
                                                  testing lab under both ANSI/ASHRAE                      results provide an indication that                     sole test method for cooling capacity
                                                  16 and ANSI/ASHRAE 37. The test                         calorimetric and psychrometric tests can               tests based on the burden of
                                                  results showed that differences in the                  provide consistent results. DOE notes                  constructing calorimetric test chambers.
                                                  calculated EER between ANSI/ASHRAE                      that Goodman used a larger sample size                 None of the stakeholder comments
                                                  16 and ANSI/ASHRAE 37 ranged from                       of eight units in its experimentation                  raised concerns regarding the more
                                                  0.4 to 1.0 Btu/h-W, depending on the                    compared to the sample size of three                   stringent electrical measurement
                                                  unit. These values represent differences                units that DOE used in its NOPR-stage                  accuracy requirements of ANSI/
                                                  in the calculated EER between ANSI/                     experiments described above.                           ASHRAE 16. In this final rule, DOE does
                                                  ASHRAE 16 and ANSI/ASHRAE 37                               Both AHRI and Goodman commented                     not eliminate testing using ANSI/
                                                  ranging from 4.1 percent to 9.7 percent                 that the requirement of a calorimetric                 ASHRAE 37, but DOE retains the more
                                                  of the lower EER value calculated by the                test places additional burdens on                      stringent electrical measurement
                                                  two test methods. DOE stated in the                     manufacturers. AHRI commented that it                  accuracy requirement. Specifically, the
                                                  March 2014 NOPR that these results did                  is an additional burden to build a                     final rule adds this requirement in the
                                                  not support a conclusion that the two                   calorimeter room and to re-test units                  DOE regulatory language, indicating that
                                                  methods of test generate consistent                     that were previously tested                            tests be conducted using electricity
                                                  results. 79 FR at 14190 (March 13,                      psychrometrically. (AHRI, Public                       measuring instruments accurate to +/–
                                                  2014). Based in part on these results,                  Meeting Transcript, No. 5 at p. 34)                    0.5% of reading in spite of the
                                                  DOE proposed in the March 2014 NOPR                     Goodman believes the elimination of                    incorporation by reference of other
                                                  to require that only ANSI/ASHRAE 16                     psychrometric testing would place an                   portions of ANSI/ASHRAE 37. DOE
                                                  be used when conducting a cooling                       additional burden on manufacturers in                  does not expect this requirement to pose
                                                  mode test for PTACs and PTHPs. DOE                      the form of significant capital                        additional test burden since electrical
                                                  sought comment on its proposal to                       expenditure requirements, as well as a                 meters that achieve this level of
                                                  designate ANSI/ASHRAE 16 as the sole                    significant testing burden increase.                   accuracy are readily available and are
                                                  test method for determining cooling                     Goodman commented that new test                        already in use at many test facilities.
                                                  capacity. Specifically, DOE was                         facilities often cost up to $750,000 and               This requirement does not represent a
                                                  interested in the potential test burden                 have construction lead times of a year                 change that would alter the
                                                  on manufacturers. DOE also sought                       or more, and that calorimetric tests may               measurements as compared with the
                                                  information on whether there are PTAC                   take 2.5 times as long as psychrometric                current DOE test procedure; rather, it
                                                  or PTHP manufacturers that conduct a                    tests. (Goodman, No. 7 at p. 6)                        ensures the accuracy of measurements.
                                                  significant number of tests using ANSI/                    DOE acknowledges that it
                                                  ASHRAE 37. 79 FR at 14190–91 (March                     underestimated the burden that would                   E. AHRI Standard 310/380–2014 and
                                                  13, 2014).                                              be imposed on manufacturers by                         Reaffirmed ASHRAE Standards
                                                    In response, neither AHRI nor                         eliminating psychrometric testing from                   In the NOPR, DOE proposed to adopt
                                                  Goodman supported the removal of                        the PTAC and PTHP test procedures. In                  only those parts of ANSI/AHRI 310/
                                                  ANSI/ASHRAE 37 from the DOE test                        response to the comments above, DOE                    380–2004 relevant for the DOE test
                                                  procedures. Both AHRI and Goodman                       accepts that it would be burdensome to                 procedure, specifically sections 3, 4.1,
                                                  disagreed with DOE’s assessment of the                  manufacturers if DOE required use of                   4.2, 4.3, and 4.4. Additionally, DOE
                                                  differences between test results                        ANSI/ASHRAE 16 for all PTAC and                        proposed to directly incorporate by
                                                  achieved using ANSI/ASHRAE 16 and                       PTHP testing. Further, the additional                  reference those industry test methods
                                                  ANSI/ASHRAE 37. (AHRI, No. 8 at p. 3;                   data provided by Goodman show that                     that were previously incorporated via
                                                  Goodman, Public Meeting Transcript,                     discrepancies between the calorimetric                 ANSI/AHRI 310/380–2004, such as
                                                  No. 5 at p. 27) AHRI stated that it has                 and psychrometric test methods are less                ANSI/ASHRAE 16–1999 and ASHRAE
                                                  observed good correlation in testing                    pronounced than DOE’s NOPR-stage test                  58–1999.
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                                                  between calorimetric and psychrometric                  data suggested. Hence, this final rule                   In response to the NOPR, Goodman
                                                  rooms for the purposes of rating PTAC                   does not eliminate the optional use of                 commented that DOE should consider
                                                  and PTHP equipment. (AHRI, No. 8 at                     ANSI/ASHRAE 37 to determine cooling                    updated versions of ANSI/ASHRAE 16
                                                  p. 3) Goodman stated that it has not                    capacity.                                              and ANSI/ASHRAE 37. Goodman
                                                  observed large differences in test results                 As noted above, ANSI/ASHRAE 16                      conceded that it was unlikely ANSI/
                                                  between ANSI/ASHRAE 16 and ANSI/                        and ANSI/ASHRAE 37 have different                      ASHRAE 37 would be updated in time
                                                  ASHRAE 37. (Goodman, Public Meeting                     requirements for electrical                            to be incorporated in this Final Rule,
                                                  Transcript, No. 5 at p. 27) Goodman                     instrumentation accuracy. A single                     but encouraged DOE to accommodate


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                                                  37142              Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations

                                                  ANSI/ASHRAE 16 which Goodman                            referenced in AHRI 310/380–2014 for                    While DOE has no data indicating the
                                                  expected would be finalized in 2014.                    measuring cooling performance.                         impact of testing with a maximum-
                                                  (Goodman, No. 7 at p. 7) DOE agrees                     Although DOE’s previous test method,                   depth sleeve as opposed to a standard-
                                                  that, when possible, it should include                  ANSI/AHRI 310/380–2004, incorporated                   depth sleeve, DOE expects that there
                                                  the most up to date version of industry                 ANSI/ASHRAE 37–1988, DOE’s review                      may be an incremental reduction in
                                                  test methods.                                           of the two editions of ANSI/ASHRAE 37                  efficiency associated with use of a
                                                     In July 2014, ASHRAE reaffirmed                      confirmed that, for the purposes of                    sleeve as deep as 31 inches. The
                                                  both ANSI/ASHRAE 16, a test method                      measuring cooling performance for                      Working Group discussed the issue of
                                                  for measuring cooling performance of                    PTACs and PTHPs, the test methods are                  varying wall sleeve sizes and voted to
                                                  PTACs and PTHPs, and ANSI/ASHRAE                        essentially identical. Also, rather than               adopt the position that units should be
                                                  58, a test method for measuring heating                 incorporating by reference the 1999                    tested using a standard 14 inch sleeve.
                                                  performance of PTHPs. While Goodman                     reaffirmations of ANSI/ASHRAE 16 and                   (ASRAC to Negotiate Certification
                                                  commented that it expected some                         ANSI/ASHRAE 58, this final rule                        Requirements for Commercial HVAC,
                                                  changes in ANSI/ASHRAE 16                               amends the test procedure to                           WH, and Refrigeration Equipment,
                                                  (Goodman, No. 7 at p. 7), DOE reviewed                  incorporate by reference ANSI/ASHRAE                   Docket No. EERE–2013–BT–NOC–0023,
                                                  the reaffirmed standard and did not                     16–1983 (RA 2014) and ANSI/ASHRAE                      No. 53 at pg. 17)
                                                  discern substantive differences between                 58–1986 (RA 2014)—as mentioned                            In the March 2014 NOPR, DOE
                                                  the 2009 and 2014 versions. The test                    above, these more recent versions of                   proposed to add a provision to 10 CFR
                                                  methods described in the 2014                           ANSI/ASHRAE 16 and ANSI/ASHRAE                         431.96 to require testing using a wall
                                                  reaffirmations of both ANSI/ASHRAE                      58 prescribe test procedures identical to              sleeve with a depth of 14 inches (or the
                                                  16 and ANSI/ASHRAE 58 are identical                     the older 2009 and 1999 versions.                      wall sleeve option that is closest to 14
                                                  to their 1999 and 2009 versions—the                                                                            inches in depth that is available for the
                                                  later reaffirmed versions correct errata                F. Wall Sleeve Size and Filter                         basic model being tested). 79 FR at
                                                  that existed in previous versions of                    Requirements for Testing                               14191 (March 13, 2014). This final rule
                                                  ANSI/ASHRAE 16 and ANSI/ASHRAE                          Wall Sleeve Size                                       adopts the Working Group
                                                  58. These corrections do not change the                                                                        recommendation. DOE sought comment
                                                  test procedures.                                           The DOE test procedures provide                     on whether there are any PTACs or
                                                     Further, in February 2014 AHRI                       limited guidance on the type of wall                   PTHPs that cannot be tested using a 14
                                                  published AHRI 310/380–2014, which                      sleeve that should be used during                      inch deep wall sleeve. Id. AHRI and
                                                  supersedes ANSI/AHRI 310/380–2004.                      testing. The wall sleeve is technically                Goodman supported the proposal to
                                                  In an effort stay current with industry                 part of the PTAC or PTHP (see, e.g., the               require testing using 14-inch deep wall
                                                  testing methodologies, DOE is updating                  definition of PTAC in 10 CFR 431.92),                  sleeves. (AHRI, No. 8 at p. 2; Goodman,
                                                  its referenced industry standard. In                    and it provides an outer case for the                  No. 7 at p. 3) DOE did not receive any
                                                  alignment with the NOPR, DOE is only                    main refrigeration and air-moving                      comments describing units that cannot
                                                  adopting the sections of AHRI 310/380–                  components. In the field, the wall                     be tested with 14-inch deep wall
                                                  2014 relevant for the DOE test                          sleeves are often installed in the                     sleeves.
                                                  procedure. For cooling performance,                     building, and the cooling/heating                         In this final rule, DOE adopts its
                                                  this includes sections 3, 4.1, 4.2, 4.3,                assembly slides into and out of this                   proposal to add a provision to 10 CFR
                                                  and 4.4. For measurement of heating                     case. For standard size PTACs and                      431.96 to require testing using a wall
                                                  performance, DOE is adopting section 3,                 PTHPs, the wall sleeve measures 42                     sleeve with a depth of 14 inches (or the
                                                  4.1, 4.2, 4.3, and 4.4 except for                       inches wide and 16 inches high;                        wall sleeve option that is closest to 14
                                                  subsection 4.2.1.2(b), which allows                     however, wall sleeves come in a range                  inches in depth that is available for the
                                                  ANSI/ASHRAE 37 as an optional                           of depths.                                             basic model being tested).
                                                  method for verifying the standard                          Some manufacturers offer extended
                                                                                                          wall sleeves up to 31 inches deep that                 Filter Requirements
                                                  heating rating of equipment. The March
                                                  2014 NOPR did not propose the use of                    can be used with any of their standard                    The DOE test procedures provide
                                                  ANSI/ASHRAE 37 as a method for                          size PTACs or PTHPs. DOE believes that                 limited guidance on the type of air filter
                                                  verifying the standard heating rating of                the use of varying test sleeve depths can              that should be used during testing.
                                                  equipment and thus, DOE is excluding                    affect measured test results, due to the               PTACs or PTHPs generally ship with an
                                                  this provision in this final rule. Where                effect the sleeve depth has on airflow                 air filter to remove particulates from the
                                                  this final rule refers to the sections of               and fan performance. DOE’s test                        indoor airstream. There is currently no
                                                  AHRI 310/380–2014 to be used for                        procedures, in section 4.3 of ANSI/                    description in the DOE test procedures
                                                  measurement of heating performance, it                  AHRI 310/380–2004, provide some                        of the type of filter to be used during
                                                  omits section 4.2.1.2(b) so as not to                   limited guidance about the wall sleeve                 testing. While some PTACs and PTHPs
                                                  allow the use of ANSI/ASHRAE 37 for                     that should be used during testing;                    only have one filter option, some PTACs
                                                  verifying the standard heating rating of                section 4.3 of ANSI/AHRI 310/380–2004                  and PTHPs are shipped with either a
                                                  equipment.                                              states that ‘‘standard equipment shall be              standard filter or a high efficiency filter.
                                                     Finally, AHRI 310/380–2014                           in place during all tests, unless                      A high efficiency filter will impose
                                                  references the 2009 versions of ANSI/                   otherwise specified in the                             more air flow restriction, which can
                                                  ASHRAE 16, ANSI/ASHRAE 58, and                          manufacturer’s instructions to the user.’’             incrementally decrease air flow and
                                                  ANSI/ASHRAE 37. As previously                           Section 4.3 of the updated AHRI 310/                   thus the capacity and/or efficiency of
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                                                  stated, DOE is directly incorporating by                380–2014 provides the same limited                     the unit.
                                                  reference those industry test methods                   guidance. However, there currently is                     DOE considered whether to specify
                                                  that were previously referenced in                      no guidance for units for which                        filters with a particular MERV rating for
                                                  ANSI/AHRI 310/380—ANSI/ASHRAE                           installation instructions allow sleeves of             use with the test, such as MERV–2 or
                                                  16, ANSI/ASHRAE 58, and ANSI/                           different depths.                                      MERV–3 levels of filtration. However,
                                                  ASHRAE 37 . Therefore, in this final                       DOE’s survey of wall sleeve sizes on                DOE noted that the filter efficiencies
                                                  rule, DOE is incorporating by reference                 the market showed that the most                        offered in PTACs and PTHPs generally
                                                  ANSI/ASHRAE 37–2009, which is                           common wall sleeve depth is 14 inches.                 are not specified using a standard


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                                                                     Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations                                           37143

                                                  metric. Furthermore, some PTACs are                     barometric pressure: ‘‘The capacity may                46) The CA IOUs commented that they
                                                  sold with higher-efficiency ‘‘standard-                 be increased 0.8% for each in. Hg below                would like the test procedures to
                                                  option’’ filters than others. Moreover,                 29.92 in. Hg.’’ Theoretically, air is less             characterize performance at full-load
                                                  verification that the filter used in the                dense when barometric pressure is                      and part-load. (CA IOUs, Public Meeting
                                                  test complies with any such                             lower, such as at higher altitudes. As a               Transcript, No. 5 at p. 7) The CA IOUs
                                                  requirement would not be possible                       result, air mass flow generated by fans                commented that they are content with
                                                  without implementation of standardized                  and blowers may be less at higher                      using a single metric for the purposes of
                                                  requirements for labeling of filters and                altitudes, which may affect the                        rating equipment, but that they would
                                                  reporting of filter efficiencies and/or                 measured cooling performance.                          like additional test conditions to be
                                                  adopting a filter efficiency test as part of            However, there are other competing                     measured and reported according to a
                                                  the test procedures, all of which would                 effects that may negate this decrease and              standard test procedure. The CA IOUs
                                                  impose additional burden. The Working                   DOE has not seen data that definitively                commented that this additional
                                                  Group was also aware of this issue, and                 demonstrate the impact of barometric                   information would help them to
                                                  also discussed the issue of varying air                 pressure on measurements of the                        distinguish new equipment models with
                                                  filter efficiency. The Working Group                    cooling performance of PTACs or                        good low-temperature performance that
                                                  voted to adopt the position that units                  PTHPs.                                                 are becoming available. (CA IOUs,
                                                  should be tested ‘‘as shipped’’ with                       In the March 2014 NOPR, DOE did                     Public Meeting Transcript, No. 5 at
                                                  respect to selecting a filter option                    not propose to amend or remove the                     p. 43)
                                                  (Appliance Standards and Rulemaking                     barometric pressure provision. DOE                        DOE believes that the existing EER
                                                  Federal Advisory Committee (ASRAC)                      sought comments or data on the                         and COP metrics, both for full-load
                                                  to Negotiate Certification Requirements                 barometric pressure correction                         operation, provide an adequate
                                                  for Commercial HVAC, WH, and                            specifically used for PTACs and PTHPs.                 indication of PTAC and PTHP
                                                  Refrigeration Equipment, Docket No.                     79 FR at 14191 (March 13, 2014).                       efficiency. DOE does not currently have
                                                  EERE–2013–BT–NOC–0023, No. 53 at p.                     Goodman and AHRI responded in                          information indicating the magnitude of
                                                  16).                                                    support of DOE’s position to retain the                energy that might be saved if part-load
                                                     In the March 2014 NOPR, DOE                          barometric pressure correction.                        or full-season metrics were developed.
                                                  proposed to add a provision to 10 CFR                   (Goodman, No.7 at p. 3; AHRI, No. 8 at                 ASAP and ACEEE encouraged DOE to
                                                  431.96 to require testing using the                     p. 2) DOE received no comments                         begin a collaboration with AHRI to
                                                  standard or default filter option that is               providing data that either supported or                develop a test method to measure the
                                                  packaged and shipped with the PTAC or                   refuted the validity of the barometric                 part-load performance of PTACs and
                                                  PTHP unit being tested. 79 FR at 14191                  pressure correction.                                   PTHPs. (ASAP & ACEEE, No. 6 at p. 1)
                                                  (March 13, 2014). This proposal was                        In this final rule, DOE does not amend              DOE may consider support and/or
                                                  consistent with the Working Group’s                     or remove the provision allowing for                   development of such test methods in the
                                                  recommendations. For those models                       adjustment of the capacity measurement                 future.
                                                  that are not shipped with a filter, DOE                 based on the tested barometric pressure.                  In this final rule, DOE has not
                                                  proposed to require the use of an off-                                                                         adopted seasonal efficiency metrics for
                                                                                                          H. Part-Load Efficiency Metric and
                                                  the-shelf MERV–3 filter for testing. DOE                                                                       cooling or heating performance for
                                                                                                          Varying Ambient Conditions                             PTACs or PTHPs.
                                                  sought comment on whether a MERV–
                                                  3 filter is appropriate for testing PTACs                  The current DOE test procedures for
                                                                                                          PTACs and PTHPs measure cooling                        I. Cooling Capacity Verification
                                                  and PTHPs that do not ship with filters.
                                                  79 FR at 14191 (March 13, 2014).                        efficiency and heating efficiency in                      The Federal energy conservation
                                                     In response, Goodman recommended                     terms of EER and coefficient of                        standard levels for PTAC and PTHP
                                                  that DOE specify a MERV rating lower                    performance (COP), respectively. Both                  equipment are calculated based on the
                                                  than MERV–3 because MERV–3 filters                      of these metrics measure the efficiency                certified cooling capacity of the
                                                  may significantly reduce airflow.                       of the unit running steadily at maximum                equipment. (10 CFR 431.97(c)) The DOE
                                                  (Goodman, No. 7 at p. 3) AHRI                           cooling or heating output settings.                    test procedures for PTACs and PTHPs
                                                  commented that MERV–1 filters, which                       In the March 2014 NOPR, DOE did                     specifies the methods that may be used
                                                  are electrostatic, self-charging woven                  not propose to adopt either a part-load                to determine the cooling capacity and
                                                  panel filters, may be more                              or seasonal efficiency metric for the                  energy efficiency of PTACs and PTHPs.
                                                  representative of filters found in PTACs                cooling mode that considers part-load                  (10 CFR 431.96(b)) Testing conducted
                                                  or PTHPs. (AHRI, No. 8 at p. 2) DOE                     performance, or a seasonal efficiency                  for assessment and enforcement
                                                  accepts this feedback and will reduce                   metric for the heating mode that                       measures the cooling capacity of test
                                                  the MERV rating for filters to be used                  considers electric resistance heating for              units pursuant to the test requirements
                                                  when testing units shipped without a                    PTACs or PTHPs. DOE sought                             of 10 CFR part 431, and uses the
                                                  filter.                                                 comments regarding this proposal,                      measured cooling capacity as the basis
                                                     In this final rule, DOE adds a                       including any information regarding                    for calculation of EER for the test units.
                                                  provision to 10 CFR 431.96 to require                   seasonal load patterns for PTACs and                   The minimum allowed EER (and the
                                                  testing using the standard or default                   PTHPs in both cooling and heating                      minimum allowed COP for PTHP units)
                                                  filter option that is shipped with most                 modes. 79 FR at 14192 (March 13,                       of a test unit is calculated using the
                                                  units of a given basic model. For those                 2014).                                                 certified cooling capacity of the test unit
                                                  models that are not shipped with a                         In response, Goodman and AHRI                       as the basis for calculation. For various
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                                                  filter, DOE requires the use of an off-the-             supported DOE’s proposal to not                        reasons, the measured cooling capacity
                                                  shelf MERV–1 filter for testing.                        develop seasonal efficiency metrics.                   of equipment may deviate from the
                                                                                                          (Goodman, No. 7 at p. 6; AHRI, No. 8                   certified cooling capacity of the
                                                  G. Barometric Pressure Correction                       at p. 3) AHRI commented that a part-                   equipment. Small deviations of the
                                                     The DOE test procedures, in Section                  load performance metric would not be                   measured cooling capacity from the
                                                  6.1.3 of referenced ANSI/ASHRAE 16,                     representative of PTAC and PTHP                        certified cooling capacity are expected
                                                  allows for adjustment of the capacity                   equipment operating cycles. (AHRI,                     due to variability in manufacturing
                                                  measurement based on the tested                         Public Meeting Transcript, No. 5 at p.                 conditions. However, large deviations


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                                                  37144              Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations

                                                  from the certified cooling capacity                     Goodman suggested, then units with a                        The CA IOUs commented that they
                                                  indicate that the certified cooling                     measured cooling capacity above their                    would like DOE to explore adding test
                                                  capacity and, by extension, the                         certified cooling capacity would be held                 procedure specifications for units
                                                  minimum allowed efficiency that is                      to an efficiency standard determined by                  containing gas-fired components, since
                                                  calculated based on the certified cooling               their certified cooling capacity. With a                 ANSI/AHRI 310/380–2004 excludes
                                                  capacity, do not accurately represent the               one-sided tolerance, units having a                      such units. (CA IOUs, No. 9 at p. 1–2)
                                                  unit being tested. In cases where the                   measured cooling capacity that is above                  DOE notes that EPCA defines a
                                                  measured cooling capacity of a test unit                105% of their certified cooling capacity                 ‘‘packaged terminal air conditioner’’ as
                                                  deviates outside of an acceptable                       would be held to a calculated minimum                    ‘‘a wall sleeve and a separate unencased
                                                  tolerance, it is appropriate to recalculate             EER that is more stringent than the                      combination of heating and cooling
                                                  the minimum efficiency for the test unit                minimum EER calculated using a two-                      assemblies specified by the builder and
                                                  based on the measured cooling capacity                  sided tolerance as DOE proposed. DOE                     intended for mounting through the wall.
                                                  of the test unit (or the average of the                 does not seek to impose more stringent                   It includes a prime source of
                                                  measured cooling capacities of the                      standards on units that exceed their                     refrigeration, separable outdoor louvers,
                                                  samples tested, if more than one is                     certified cooling capacity.                              forced ventilation, and heating
                                                  tested).                                                   In this final rule, DOE adopts its                    availability by builder’s choice of hot
                                                     In the March 2014 NOPR, DOE                          proposal to add a provision to 10 CFR                    water, steam, or electricity.’’ (42 U.S.C.
                                                  proposed regulatory text amendments                     429.134 that requires assessment and                     6311(10)(A)) EPCA defines a ‘‘packaged
                                                  describing how DOE will select the                      enforcement testing to measure the total                 terminal heat pump’’ as ‘‘a packaged
                                                  cooling capacity values that are used to                cooling capacity of the basic model                      terminal air conditioner that utilizes
                                                  calculate the minimum allowable EER                     pursuant to the test requirements of 10                  reverse cycle refrigeration as its prime
                                                  for a basic model. The proposed                         CFR part 431 for each unit tested. The                   heat source and should have
                                                  amendments to 10 CFR 429.134 would                      provision requires that results of the                   supplementary heat source available to
                                                  establish a provision requiring use of                  measurement(s) be averaged and                           builders with the choice of hot water,
                                                  the certified cooling capacity as the                   compared to the value of cooling                         steam, or electric resistant heat.’’ (42
                                                  basis for calculation of minimum                        capacity certified by the manufacturer.                  U.S.C. 6311(10)(B)) These definitions
                                                  allowed EER if the average measured                     The adopted provision considers the                      include units with heating provided by
                                                  cooling capacity is within five percent                 certified cooling capacity to be valid                   hot water, steam, or electric resistant
                                                  of the certified cooling capacity. The                  only if the measurement is within five                   heat, but they do not include units
                                                  proposed amendments would require                       percent of the certified cooling capacity.               containing gas-fired components. As
                                                  use of the average measured cooling                     If the certified cooling capacity is valid,              such, DOE does not have the authority
                                                  capacity as the basis for calculation of                that cooling capacity will be used as the                to regulate units with gas-fired
                                                  minimum allowed EER if the average                      basis for calculation of minimum                         components.
                                                  measured cooling capacity is not within                 allowed EER for the basic model. If the
                                                  five percent of the certified cooling                                                                            K. Compliance Date of the Test
                                                                                                          certified cooling capacity is not valid,
                                                  capacity. 79 FR at 14197 (March 13,                                                                              Procedure Amendments
                                                                                                          the average measured cooling capacity
                                                  2014).                                                  will be used as the basis for calculation
                                                     In response to the proposed                                                                                      In amending a test procedure, EPCA
                                                                                                          of minimum allowed EER for the basic                     directs DOE to determine to what
                                                  amendments, AHRI questioned whether
                                                                                                          model.                                                   extent, if any, the test procedure would
                                                  the five percent allowance between
                                                  tested and rated values is a two-sided                  J. Additional Comments                                   alter the measured energy efficiency or
                                                  tolerance. (AHRI, Public Meeting                                                                                 measured energy use of a covered
                                                                                                            DOE received additional comments                       product. (42 U.S.C. 6314(a)(4)) The test
                                                  Transcript, No. 5 at p. 54) Goodman
                                                                                                          that are not classified in the discussion                procedure amendments for PTACs and
                                                  agreed in concept with the proposed
                                                                                                          sections above. Responses to these                       PTHPs incorporated by this final rule do
                                                  requirement that measured cooling
                                                                                                          additional comments are provided                         not contain changes that will materially
                                                  capacity be within five percent of the
                                                                                                          below.                                                   alter the measured energy efficiency of
                                                  certified cooling capacity, but Goodman
                                                                                                            The CA IOUs recommended that DOE                       equipment. DOE did not receive any
                                                  suggested that the requirement be
                                                                                                          require the reporting of power factor 9                  comments suggesting that the test
                                                  one-sided, such that the certified
                                                                                                          for all operating modes (i.e., active,                   procedure amendments will alter the
                                                  cooling capacity would be used to
                                                                                                          standby, and off) at every temperature                   measured energy efficiency of
                                                  determine the minimum efficiency
                                                                                                          point for which EER and COP are rated.                   equipment. Rather, most of the
                                                  unless the measured cooling capacity is
                                                                                                          (CA IOUs, No. 9 at p. 2–3) The DOE test                  proposed changes represent
                                                  less than 95% of the certified cooling
                                                                                                          procedures do not address the                            clarifications that will improve the
                                                  capacity, in which event the measured
                                                                                                          measurement of performance during                        uniform application of the test
                                                  cooling capacity would be used to
                                                                                                          standby mode and off mode. The DOE                       procedures for this equipment. Any
                                                  determine the minimum efficiency
                                                                                                          test procedures also do not describe the                 change in the rated efficiency associated
                                                  level. (Goodman, No. 7 at p. 6)
                                                     DOE clarifies that the proposed five                 measurement of the power factor of                       with these clarifications, if any, is
                                                  percent allowance between tested and                    PTAC and PTHP equipment. Therefore,                      expected to be de minimis.
                                                  rated values is a two-sided tolerance.                  DOE is not adopting this reporting                          DOE’s test procedure amendments
                                                  This means that units with average                      requirement.                                             incorporated by this final rule are
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                                                  measured cooling capacity below 95%                       9 The power factor of an alternating current (AC)
                                                                                                                                                                   effective 30 days after publication of the
                                                  or above 105% of the certified cooling                  electrical power system is defined as the ratio of the
                                                                                                                                                                   final rule in the Federal Register.
                                                  capacity would require use of the                       real power flowing to the load, to the apparent          Consistent with 42 U.S.C. 6314(d), any
                                                  average measured cooling capacity as                    power in the circuit. A load with a low power factor     representations of energy consumption
                                                  the basis for calculation of minimum                    draws more electrical current than a load with a         of PTACs and PTHPs must be based on
                                                                                                          high power factor for the same amount of useful
                                                  allowed EER.                                            power transferred. The higher currents associated
                                                                                                                                                                   any final amended test procedures 360
                                                     DOE notes that if the proposed                       with low power factor loads increase the amount of       days after the publication of the test
                                                  provision used a one-sided tolerance as                 energy lost in the electricity distribution system.      procedures final rule.


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                                                                     Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations                                            37145

                                                  IV. Procedural Issues and Regulatory                    warm air heating equipment and                         will not impose a significant economic
                                                  Review                                                  commercial and industrial refrigeration                impact on manufacturers.
                                                                                                          equipment, is 750. Searches of the SBA                    This notice adds one additional item
                                                  A. Review Under Executive Order 12866                                                                          to the certification report requirements
                                                                                                          Web site 10 to identify manufacturers
                                                     The Office of Management and Budget                  within these NAICS codes that                          for PTACs and PTHPs: The duration of
                                                  (OMB) has determined that test                          manufacture PTACs and/or PTHPs did                     the break-in period. However, providing
                                                  procedure rulemakings do not constitute                 not identify any small entities that                   this additional item in certification
                                                  ‘‘significant regulatory actions’’ under                could be affected by the test procedure                reports is not expected to impose a
                                                  section 3(f) of Executive Order 12866,                  modifications adopted in the final rule.               significant economic impact.
                                                  Regulatory Planning and Review, 58 FR                      For the reasons explained below, DOE                   For these reasons, DOE concludes and
                                                  51735 (Oct. 4, 1993). Accordingly, this                 has concluded that the test procedure                  certifies that this final rule will not have
                                                  action was not subject to review under                  amendments contained in this final will                a significant economic impact on a
                                                  the Executive Order by the Office of                    not have a significant economic impact                 substantial number of small entities, so
                                                  Information and Regulatory Affairs                      on any manufacturer, including small                   DOE has not prepared a regulatory
                                                  (OIRA) in the OMB.                                      manufacturers. The rule amends DOE’s                   flexibility analysis for this rulemaking.
                                                                                                          test procedures to specify an optional                 DOE has provided its certification and
                                                  B. Review Under the Regulatory
                                                                                                          break-in period, explicitly require that               supporting statement of factual basis to
                                                  Flexibility Act
                                                                                                          wall sleeves be sealed to prevent air                  the Chief Counsel for Advocacy of the
                                                     The Regulatory Flexibility Act (5                    leakage, allow for the pre-filling of the              SBA for review under 5 U.S.C. 605(b).
                                                  U.S.C. 601 et seq.) requires preparation                condensate drain pan, and require
                                                  of an initial regulatory flexibility                                                                           C. Review Under the Paperwork
                                                                                                          testing with 14-inch deep wall sleeves                 Reduction Act of 1995
                                                  analysis (IRFA) for any rule that by law                and the filter option most representative
                                                  must be proposed for public comment                     of a typical installation. These tests can               Manufacturers of PTACs and PTHPs
                                                  and a final regulatory flexibility analysis             be conducted in the same facilities used               must certify to DOE that their products
                                                  (FRFA) for any rule that an agency                      for the current energy testing of these                comply with any applicable energy
                                                  adopts as a final rule, unless the agency               products and do not require testing in                 conservation standards. In certifying
                                                  certifies that the rule, if promulgated,                addition to what is currently required.                compliance, manufacturers must test
                                                  will not have a significant economic                    The break-in period is optional and may                their products according to the DOE test
                                                  impact on a substantial number of small                 result in improved energy efficiency of                procedures for PTACs and PTHPs,
                                                  entities. A regulatory flexibility analysis             the unit; the break-in typically is                    including any amendments adopted for
                                                  examines the impact of the rule on                      conducted outside of the balanced-                     those test procedures on the date that
                                                  small entities and considers alternative                ambient calorimeter facility. DOE                      compliance is required. DOE has
                                                  ways of reducing negative effects. As                   expects that manufacturers will require                established regulations for the
                                                  required by Executive Order 13272,                      minimal time to set the PTACs and                      certification and recordkeeping
                                                  ‘‘Proper Consideration of Small Entities                PTHPs up for break-in, which requires                  requirements for all covered consumer
                                                  in Agency Rulemaking,’’ 67 FR 53461                     that the units simply be plugged in and                products and commercial equipment,
                                                  (Aug. 16, 2002), DOE published                          powered on. Further, manufacturers                     including PTACs and PTHPs. See 10
                                                  procedures and policies on February 19,                 will only incur the additional time for                CFR part 429. The collection-of-
                                                  2003, to ensure that the potential                      the break-in step if it is beneficial to               information requirement for the
                                                  impacts of its rules on small entities are              testing. In this case, the cost will be                certification and recordkeeping is
                                                  properly considered during the DOE                      minimal due to the nature of the break-                subject to review and approval by OMB
                                                  rulemaking process. 68 FR 7990. DOE                     in procedure and the fact that it is not               under the Paperwork Reduction Act
                                                  has made its procedures and policies                    typically conducted within the test                    (PRA). This requirement has been
                                                  available on the Office of the General                  chamber.                                               approved by OMB under OMB control
                                                  Counsel’s Web site: http://energy.gov/                     Material costs associated with the test             number 1910–1400. Public reporting
                                                  gc/office-general-counsel.                              procedure amendments adopted in this                   burden for the certification is estimated
                                                     DOE reviewed this final rule under                   final rule are expected to be negligible,              to average 30 hours per response,
                                                  the provisions of the Regulatory                        as air sealing the wall sleeves can be                 including the time for reviewing
                                                  Flexibility Act and the procedures and                  accomplished with typically available                  instructions, searching existing data
                                                  policies published on February 19,                      lab materials. Further, DOE expects that               sources, gathering and maintaining the
                                                  2003. This rule prescribes test                         manufacturers typically seal the wall                  data needed, and completing and
                                                  procedures that will be used to test                    sleeves in their current testing, because              reviewing the collection of information.
                                                  compliance with energy conservation                     not doing so could result in                             Notwithstanding any other provision
                                                  standards for the products that are the                 measurements indicating a lower                        of the law, no person is required to
                                                  subject of this rulemaking. DOE has                     efficiency. Also, there are no additional              respond to, nor shall any person be
                                                  concluded that the rule will not have a                 costs associated with the requirement to               subject to a penalty for failure to comply
                                                  significant impact on a substantial                     use a 14-inch wall sleeve and/or the                   with, a collection of information subject
                                                  number of small entities.                               standard filter that typically comes with              to the requirements of the PRA, unless
                                                     The Small Business Administration                    the unit. In addition, pre-filling of the              that collection of information displays a
                                                  (SBA) considers an entity to be a small                 condensate pan is expected to reduce                   currently valid OMB Control Number.
                                                  business if, together with its affiliates, it           test time by 2–4 hours, which would
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                                                  employs less than a threshold number of                                                                        D. Review Under the National
                                                                                                          reduce testing costs by approximately                  Environmental Policy Act of 1969
                                                  workers specified in 13 CFR part 121,                   $375–750 per test. Thus, DOE
                                                  which relies on size standards and                                                                               In this final rule, DOE amends its test
                                                                                                          determined that the test procedure
                                                  codes established by the North                                                                                 procedures for PTACs and PTHPs. DOE
                                                                                                          amendments adopted by this final rule
                                                  American Industry Classification                                                                               has determined that this rule falls into
                                                  System (NAICS). The threshold number                      10 A searchable database of certified small          a class of actions that are categorically
                                                  for NAICS classification for 333415,                    businesses is available online at: http://             excluded from review under the
                                                  which applies to air conditioning and                   dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm.                 National Environmental Policy Act of


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                                                  37146              Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations

                                                  1969 (42 U.S.C. 4321 et seq.) and DOE’s                 regulations to minimize litigation; (3)                DOE examined this final rule according
                                                  implementing regulations at 10 CFR part                 provide a clear legal standard for                     to UMRA and its statement of policy
                                                  1021. Specifically, this rule amends an                 affected conduct rather than a general                 and determined that the rule contains
                                                  existing rule without affecting the                     standard; and (4) promote simplification               neither an intergovernmental mandate,
                                                  amount, quality or distribution of                      and burden reduction. Section 3(b) of                  nor a mandate that may result in the
                                                  energy usage, and, therefore, will not                  Executive Order 12988 specifically                     expenditure of $100 million or more in
                                                  result in any environmental impacts.                    requires that Executive agencies make                  any year, so these requirements do not
                                                  Thus, this rulemaking is covered by                     every reasonable effort to ensure that the             apply.
                                                  Categorical Exclusion A5 under 10 CFR                   regulation: (1) Clearly specifies the
                                                  part 1021, subpart D, which applies to                  preemptive effect, if any; (2) clearly                 H. Review Under the Treasury and
                                                  any rulemaking that interprets or                       specifies any effect on existing Federal               General Government Appropriations
                                                  amends an existing rule without                         law or regulation; (3) provides a clear                Act, 1999
                                                  changing the environmental effect of                    legal standard for affected conduct                       Section 654 of the Treasury and
                                                  that rule. Accordingly, neither an                      while promoting simplification and                     General Government Appropriations
                                                  environmental assessment nor an                         burden reduction; (4) specifies the                    Act, 1999 (Pub. L. 105–277) requires
                                                  environmental impact statement is                       retroactive effect, if any; (5) adequately             Federal agencies to issue a Family
                                                  required.                                               defines key terms; and (6) addresses                   Policymaking Assessment for any rule
                                                                                                          other important issues affecting clarity               that may affect family well-being. This
                                                  E. Review Under Executive Order 13132
                                                                                                          and general draftsmanship under any                    final rule will not have any impact on
                                                     Executive Order 13132, ‘‘Federalism,’’               guidelines issued by the Attorney                      the autonomy or integrity of the family
                                                  64 FR 43255 (Aug. 4, 1999) imposes                      General. Section 3(c) of Executive Order               as an institution. Accordingly, DOE has
                                                  certain requirements on agencies                        12988 requires Executive agencies to                   concluded that it is not necessary to
                                                  formulating and implementing policies                   review regulations in light of applicable              prepare a Family Policymaking
                                                  or regulations that preempt State law or                standards in sections 3(a) and 3(b) to                 Assessment.
                                                  that have Federalism implications. The                  determine whether they are met or it is
                                                  Executive Order requires agencies to                                                                           I. Review Under Executive Order 12630
                                                                                                          unreasonable to meet one or more of
                                                  examine the constitutional and statutory                them. DOE has completed the required                      DOE has determined, under Executive
                                                  authority supporting any action that                    review and determined that, to the                     Order 12630, ‘‘Governmental Actions
                                                  would limit the policymaking discretion                 extent permitted by law, this final rule               and Interference with Constitutionally
                                                  of the States and to carefully assess the               meets the relevant standards of                        Protected Property Rights’’ 53 FR 8859
                                                  necessity for such actions. The                         Executive Order 12988.                                 (March 18, 1988), that this regulation
                                                  Executive Order also requires agencies                                                                         will not result in any takings that might
                                                  to have an accountable process to                       G. Review Under the Unfunded                           require compensation under the Fifth
                                                  ensure meaningful and timely input by                   Mandates Reform Act of 1995                            Amendment to the U.S. Constitution.
                                                  State and local officials in the                          Title II of the Unfunded Mandates
                                                  development of regulatory policies that                 Reform Act of 1995 (UMRA) requires                     J. Review Under Treasury and General
                                                  have Federalism implications. On                        each Federal agency to assess the effects              Government Appropriations Act, 2001
                                                  March 14, 2000, DOE published a                         of Federal regulatory actions on State,                   Section 515 of the Treasury and
                                                  statement of policy describing the                      local, and Tribal governments and the                  General Government Appropriations
                                                  intergovernmental consultation process                  private sector. Public Law 104–4, sec.                 Act, 2001 (44 U.S.C. 3516 note) provides
                                                  it will follow in the development of                    201 (codified at 2 U.S.C. 1531). For a                 for agencies to review most
                                                  such regulations. 65 FR 13735. DOE                      regulatory action resulting in a rule that             disseminations of information to the
                                                  examined this final rule and determined                 may cause the expenditure by State,                    public under guidelines established by
                                                  that it will not have a substantial direct              local, and Tribal governments, in the                  each agency pursuant to general
                                                  effect on the States, on the relationship               aggregate, or by the private sector of                 guidelines issued by OMB. OMB’s
                                                  between the national government and                     $100 million or more in any one year                   guidelines were published at 67 FR
                                                  the States, or on the distribution of                   (adjusted annually for inflation), section             8452 (Feb. 22, 2002), and DOE’s
                                                  power and responsibilities among the                    202 of UMRA requires a Federal agency                  guidelines were published at 67 FR
                                                  various levels of government. EPCA                      to publish a written statement that                    62446 (Oct. 7, 2002). DOE has reviewed
                                                  governs and prescribes Federal                          estimates the resulting costs, benefits,               this final rule under the OMB and DOE
                                                  preemption of State regulations as to                   and other effects on the national                      guidelines and has concluded that it is
                                                  energy conservation for the products                    economy. (2 U.S.C. 1532(a), (b)) The                   consistent with applicable policies in
                                                  that are the subject of this final rule.                UMRA also requires a Federal agency to                 those guidelines.
                                                  States can petition DOE for exemption                   develop an effective process to permit
                                                                                                          timely input by elected officers of State,             K. Review Under Executive Order 13211
                                                  from such preemption to the extent, and
                                                  based on criteria, set forth in EPCA. (42               local, and Tribal governments on a                        Executive Order 13211, ‘‘Actions
                                                  U.S.C. 6297(d)) No further action is                    proposed ‘‘significant intergovernmental               Concerning Regulations That
                                                  required by Executive Order 13132.                      mandate,’’ and requires an agency plan                 Significantly Affect Energy Supply,
                                                                                                          for giving notice and opportunity for                  Distribution, or Use,’’ 66 FR 28355 (May
                                                  F. Review Under Executive Order 12988                   timely input to potentially affected                   22, 2001), requires Federal agencies to
                                                    Regarding the review of existing                      small governments before establishing                  prepare and submit to OMB, a
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                                                  regulations and the promulgation of                     any requirements that might                            Statement of Energy Effects for any
                                                  new regulations, section 3(a) of                        significantly or uniquely affect small                 significant energy action. A ‘‘significant
                                                  Executive Order 12988, ‘‘Civil Justice                  governments. On March 18, 1997, DOE                    energy action’’ is defined as any action
                                                  Reform,’’ 61 FR 4729 (Feb. 7, 1996),                    published a statement of policy on its                 by an agency that promulgated or is
                                                  imposes on Federal agencies the general                 process for intergovernmental                          expected to lead to promulgation of a
                                                  duty to adhere to the following                         consultation under UMRA. 62 FR                         final rule, and that: (1) Is a significant
                                                  requirements: (1) Eliminate drafting                    12820; also available at http://                       regulatory action under Executive Order
                                                  errors and ambiguity; (2) write                         energy.gov/gc/office-general-counsel.                  12866, or any successor order; and (2)


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                                                                     Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations                                              37147

                                                  is likely to have a significant adverse                 standards and has received no                          packaged terminal heat pumps. ANSI/
                                                  effect on the supply, distribution, or use              comments objecting to their use.                       ASHRAE Standard 58–1986 (RA 2014)
                                                  of energy; or (3) is designated by the                                                                         is readily available on ASHRAE’s Web
                                                                                                          M. Description of Materials
                                                  Administrator of OIRA as a significant                                                                         site at: http://www.techstreet.com/
                                                                                                          Incorporated by Reference
                                                  energy action. For any significant energy                                                                      ashrae/products/1650947.
                                                  action, the agency must give a detailed                    In this final rule, DOE is incorporating
                                                                                                          by reference four industry standards                   N. Congressional Notification
                                                  statement of any adverse effects on
                                                  energy supply, distribution, or use if the              related to the testing of packaged                       As required by 5 U.S.C. 801, DOE will
                                                  regulation is implemented, and of                       terminal air conditioners and heat                     report to Congress on the promulgation
                                                  reasonable alternatives to the action and               pumps. These industry standards                        of this final rule before its effective date.
                                                  their expected benefits on energy                       include AHRI Standard 310/380–2014,                    The report will state that it has been
                                                  supply, distribution, and use.                          ‘‘Standard for Packaged Terminal Air-                  determined that the rule is not a ‘‘major
                                                     This regulatory action to amend the                  Conditioners and Heat Pumps;’’ ANSI/                   rule’’ as defined by 5 U.S.C. 804(2).
                                                  test procedures for measuring the energy                ASHRAE Standard 16–1983 (RA 2014),
                                                                                                                                                                 O. Approval of the Office of the
                                                  efficiency of PTACs and PTHPs is not a                  ‘‘Method of Testing for Rating Room Air
                                                                                                                                                                 Secretary
                                                  significant regulatory action under                     Conditioners and Packaged Terminal
                                                                                                          Air Conditioners;’’ ANSI/ASHRAE                          The Secretary of Energy has approved
                                                  Executive Order 12866. Moreover, it                                                                            publication of this final rule.
                                                  would not have a significant adverse                    Standard 37–2009, ‘‘Methods of Testing
                                                                                                          for Rating Electrically Driven Unitary                 List of Subjects
                                                  effect on the supply, distribution, or use
                                                                                                          Air-Conditioning and Heat Pump
                                                  of energy, nor has it been designated as                                                                       10 CFR Part 429
                                                                                                          Equipment;’’ and ANSI/ASHRAE
                                                  a significant energy action by the
                                                                                                          Standard 58–1986 (RA 2014) ‘‘Method                      Energy conservation, Imports,
                                                  Administrator of OIRA. Therefore, it is
                                                                                                          of Testing for Rating Room Air-                        Measurement standards, Reporting and
                                                  not a significant energy action, and,
                                                                                                          Conditioner and Packaged Terminal Air-                 recordkeeping requirements.
                                                  accordingly, DOE has not prepared a
                                                                                                          Conditioner Heating Capacity.’’
                                                  Statement of Energy Effects.                               AHRI Standard 310/380–2014 is an                    10 CFR Part 431
                                                  L. Review Under Section 32 of the                       industry accepted test standard that                     Energy conservation, Imports,
                                                  Federal Energy Administration Act of                    specifies definitions and general testing              Incorporation by reference,
                                                  1974                                                    requirements for packaged terminal air                 Measurement standards, Reporting and
                                                                                                          conditioners and heat pumps. AHRI                      recordkeeping requirements.
                                                     Under section 301 of the Department                  Standard 310/380–2014 references
                                                  of Energy Organization Act (Pub. L. 95–                                                                          Issued in Washington, DC, on June 8, 2015.
                                                                                                          ANSI/ASHRAE Standard 16, ANSI/
                                                  91; 42 U.S.C. 7101), DOE must comply                                                                           Kathleen B. Hogan,
                                                                                                          ASHRAE Standard 37, and ANSI/
                                                  with section 32 of the Federal Energy                   ASHRAE Standard 58 for the detailed                    Deputy Assistant Secretary for Energy
                                                  Administration Act of 1974, as amended                                                                         Efficiency, Energy Efficiency and Renewable
                                                                                                          testing methodologies. AHRI Standard                   Energy.
                                                  by the Federal Energy Administration                    310/380–2014 is readily available on
                                                  Authorization Act of 1977. (15 U.S.C.                   AHRI’s Web site at http://                               For the reasons stated in the
                                                  788; FEAA) Section 32 essentially                       www.ahrinet.org/App_Content/ahri/                      preamble, DOE amends parts 429 and
                                                  provides in relevant part that, where a                 files/standards%20pdfs/                                431 of Chapter II, Subchapter D, of Title
                                                  proposed rule authorizes or requires use                ANSI%20standards%20pdfs/                               10 the Code of Federal Regulations as
                                                  of commercial standards, the notice of                  AHRI_310_380-2014-CSA_C744-4.PDF.                      set forth below:
                                                  proposed rulemaking must inform the                        ANSI/ASHRAE Standard 16–1983
                                                  public of the use and background of                     (RA 2014) and ANSI/ASHRAE Standard                     PART 429—CERTIFICATION,
                                                  such standards. In addition, section                    37–2009 specify methods for                            COMPLIANCE AND ENFORCEMENT
                                                  32(c) requires DOE to consult with the                  determining the cooling performance of                 FOR CONSUMER PRODUCTS AND
                                                  Attorney General and the Chairman of                    packaged terminal air conditioners.                    COMMERCIAL AND INDUSTRIAL
                                                  the Federal Trade Commission (FTC)                      ANSI/ASHRAE Standard 16–1983 (RA                       EQUIPMENT
                                                  concerning the impact of the                            2014) specifies a calorimetric test
                                                  commercial or industry standards on                                                                            ■ 1. The authority citation for part 429
                                                                                                          method involving measurement of the
                                                  competition.                                                                                                   continues to read as follows:
                                                                                                          electric resistance heater power input
                                                     The modifications to the test                        needed to exactly balance a test                           Authority: 42 U.S.C. 6291–6317.
                                                  procedures addressed by this action                     sample’s cooling capacity. ANSI/                       ■ 2. Amend § 429.43 by adding
                                                  incorporate testing methods contained                   ASHRAE Standard 37–2009 specifies a                    paragraph (a)(1)(iii) and revising
                                                  in the following commercial standards:                  psychrometric test method which                        paragraphs (b)(2)(v) and (vi) to read as
                                                  AHRI 310/380–2014, ANSI/ASHRAE                          calculates capacity based on the air flow              follows:
                                                  Standard 16–1983 (RA 2014), ANSI/                       rate and the air inlet and outlet
                                                  ASHRAE Standard 37–2009, and ANSI/                      conditions on the indoor side of the test              § 429.43 Commercial heating, ventilating,
                                                  ASHRAE Standard 58–1986 (RA 2014).                      sample. ANSI/ASHRAE Standard 16–                       air conditioning (HVAC) equipment.
                                                  DOE has evaluated these standards and                   1983 (RA 2014) is readily available at                    (a) * * *
                                                  is unable to conclude whether they fully                ASHRAE’s Web site at: http://                             (1) * * *
                                                  comply with the requirements of section                 www.techstreet.com/ashrae/products/                       (iii) For packaged terminal air
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                                                  32(b) of the FEAA (i.e., whether they                   1881836. ANSI/ASHRAE Standard 37–                      conditioners and packaged terminal
                                                  were developed in a manner that fully                   2009 is also readily available on                      heat pumps, the represented value of
                                                  provides for public participation,                      ASHRAE’s Web site at: http://                          cooling capacity shall be the average of
                                                  comment, and review.) DOE has                           www.techstreet.com/ashrae/products/                    the capacities measured for the sample
                                                  consulted with both the Attorney                        1650947.                                               selected as described in (a)(1)(ii) of this
                                                  General and the Chairman of the FTC                        ANSI/ASHRAE Standard 58–1986                        section, rounded to the nearest 100 Btu/
                                                  about the impact on competition of                      (RA 2014) specifies a test method for                  h.
                                                  using the methods contained in these                    measuring heating performance of                       *       *    *    *     *


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                                                  37148               Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations

                                                    (b) * * *                                                             minimum allowed COP for PTHP                                            ‘‘Method of Testing for Rating Room
                                                    (2) * * *                                                             models) for the basic model.                                            Air-Conditioner and Packaged Terminal
                                                    (v) Packaged terminal air                                                (ii) If the certified cooling capacity is                            Air-Conditioner Heating Capacity,’’
                                                  conditioners: The energy efficiency ratio                               found to be invalid, the average                                        ASHRAE reaffirmed July 3, 2014, IBR
                                                  (EER in British thermal units per Watt-                                 measured cooling capacity will serve as                                 approved for § 431.96.
                                                  hour (Btu/Wh)), the rated cooling                                       the basis for calculation of minimum                                    *     *    *     *     *
                                                  capacity in British thermal units per                                   allowed EER (and minimum allowed
                                                                                                                                                                                                  ■ 6. Amend § 431.96 by revising
                                                  hour (Btu/h), the wall sleeve                                           COP for PTHP models) for the tested
                                                                                                                          basic model.                                                            paragraphs (b) and (c) and adding
                                                  dimensions in inches (in), and the
                                                                                                                             (2) [Reserved].                                                      paragraph (g) to read as follows:
                                                  duration of the break-in period (hours).
                                                    (vi) Packaged terminal heat pumps:                                                                                                            § 431.96 Uniform test method for the
                                                  The energy efficiency ratio (EER in                                     PART 431—ENERGY EFFICIENCY                                              measurement of energy efficiency of
                                                  British thermal units per Watt-hour                                     PROGRAM FOR CERTAIN                                                     commercial air conditioners and heat
                                                  (Btu/W-h)), the coefficient of                                          COMMERCIAL AND INDUSTRIAL                                               pumps.
                                                  performance (COP), the rated cooling                                    EQUIPMENT                                                               *      *     *     *     *
                                                  capacity in British thermal units per                                   ■ 4. The authority citation for part 431                                   (b) Testing and calculations. (1)
                                                  hour (Btu/h), the wall sleeve                                           continues to read as follows:                                           Determine the energy efficiency of each
                                                  dimensions in inches (in), and the                                                                                                              type of covered equipment by
                                                  duration of the break-in period (hours).                                    Authority: 42 U.S.C. 6291–6317.
                                                                                                                                                                                                  conducting the test procedure(s) listed
                                                  *     *     *     *    *                                                ■ 5. Amend § 431.95 by revising                                         in the fifth column of Table 1 of this
                                                  ■ 3. Amend § 429.134 by revising
                                                                                                                          paragraph (b)(3), redesignating                                         section along with any additional
                                                  paragraph (a) and adding paragraph (e)                                  paragraph (c)(1) as (c)(4), and adding                                  testing provisions set forth in
                                                  to read as follows:                                                     paragraphs (c)(1) through (c)(3) to read                                paragraphs (c) through (g) of this
                                                                                                                          as follows:                                                             section, that apply to the energy
                                                  § 429.134 Product-specific enforcement                                                                                                          efficiency descriptor for that equipment,
                                                  provisions.                                                             § 431.95 Materials incorporated by
                                                                                                                          reference.                                                              category, and cooling capacity. The
                                                    (a) General. The following provisions                                                                                                         omitted sections of the test procedures
                                                  apply to assessment and enforcement                                     *      *    *    *     *
                                                                                                                                                                                                  listed in the fifth column of Table 1 of
                                                                                                                             (b) * * *
                                                  testing of the relevant products and                                                                                                            this section shall not be used.
                                                                                                                             (3) AHRI Standard 310/380–2014,
                                                  equipment.                                                                                                                                         (2) After June 24, 2016, any
                                                                                                                          (‘‘AHRI 310/380–2014’’), ‘‘Standard for
                                                  *      *     *      *    *                                              Packaged Terminal Air-Conditioners                                      representations made with respect to the
                                                    (e) Packaged terminal air conditioners                                and Heat Pumps,’’ February 2014, IBR                                    energy use or efficiency of packaged
                                                  and packaged terminal heat pumps—(1)                                    approved for § 431.96.                                                  terminal air conditioners and heat
                                                  Verification of cooling capacity. The                                      (c) * * *                                                            pumps (PTACs and PTHPs) must be
                                                  total cooling capacity of the basic model                                  (1) ANSI/ASHRAE Standard 16–1983                                     made in accordance with the results of
                                                  will be measured pursuant to the test                                   (RA 2014), (‘‘ANSI/ASHRAE 16’’),                                        testing pursuant to this section.
                                                  requirements of 10 CFR part 431 for                                     ‘‘Method of Testing for Rating Room Air                                 Manufacturers conducting tests of
                                                  each unit tested. The results of the                                    Conditioners and Packaged Terminal                                      PTACs and PTHPs after July 30, 2015
                                                  measurement(s) will be averaged and                                     Air Conditioners,’’ ASHRAE reaffirmed                                   and prior to June 24, 2016, must
                                                  compared to the value of cooling                                        July 3, 2014, IBR approved for § 431.96.                                conduct such test in accordance with
                                                  capacity certified by the manufacturer.                                    (2) ANSI/ASHRAE Standard 37–2009,                                    either table 1 to this section or § 431.96
                                                  The certified cooling capacity will be                                  (‘‘ANSI/ASHRAE 37’’), ‘‘Methods of                                      as it appeared at 10 CFR part 431,
                                                  considered valid only if the average                                    Testing for Rating Electrically Driven                                  subpart F, in the 10 CFR parts 200 to
                                                  measured cooling capacity is within five                                Unitary Air-Conditioning and Heat                                       499 edition revised as of January 1,
                                                  percent of the certified cooling capacity.                              Pump Equipment,’’ ASHRAE approved                                       2014. Any representations made with
                                                    (i) If the certified cooling capacity is                              June 24, 2009, IBR approved for                                         respect to the energy use or efficiency of
                                                  found to be valid, that cooling capacity                                § 431.96.                                                               such packaged terminal air conditioners
                                                  will be used as the basis for calculation                                  (3) ANSI/ASHRAE Standard 58–1986                                     and heat pumps must be in accordance
                                                  of minimum allowed EER (and                                             (RA 2014), (‘‘ANSI/ASHRAE 58’’),                                        with whichever version is selected.
                                                                   TABLE 1 TO § 431.96—TEST PROCEDURES FOR COMMERCIAL AIR CONDITIONERS AND HEAT PUMPS
                                                                                                                                                                                                                         Additional test procedure provi-
                                                                                                                                                               Energy efficiency                Use tests, conditions,
                                                          Equipment type                      Category                          Cooling capacity                                                                         sions as indicated in the listed
                                                                                                                                                                  descriptor                     and procedures 1 in       paragraphs of this section

                                                  Small Commercial Packaged          Air-Cooled, 3-Phase,                     <65,000 Btu/h ..........   SEER and HSPF ............             AHRI 210/240–2008        Paragraphs (c) and (e).
                                                   Air-Conditioning and Heating        AC and HP.                                                                                                (omit section 6.5).
                                                   Equipment.
                                                                                     Air-Cooled AC and                        ≥65,000 Btu/h and          EER and COP ................           AHRI 340/360–2007        Paragraphs (c) and (e).
                                                                                        HP.                                     <135,000 Btu/h.                                                  (omit section 6.3).
                                                                                     Water-Cooled and                         <65,000 Btu/h ..........   EER ................................   AHRI 210/240–2008        Paragraphs (c) and (e).
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                                                                                        Evaporatively-                                                                                           (omit section 6.5).
                                                                                        Cooled AC.
                                                                                     ..................................       ≥65,000 Btu/h and          EER ................................   AHRI 340/360–2007        Paragraphs (c) and (e).
                                                                                                                                <135,000 Btu/h.                                                   (omit section 6.3).
                                                                                     Water-Source HP .....                    <135,000 Btu/h ........    EER and COP ................           ISO Standard             Paragraph (e).
                                                                                                                                                                                                  13256–1 (1998).
                                                  Large Commercial Packaged          Air-Cooled AC and                        ≥135,000 Btu/h and         EER and COP ................           AHRI 340/360–2007        Paragraphs (c) and (e).
                                                    Air-Conditioning and Heating       HP.                                      <240,000 Btu/h.                                                   (omit section 6.3).
                                                    Equipment.




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                                                                        Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations                                                                               37149

                                                        TABLE 1 TO § 431.96—TEST PROCEDURES FOR COMMERCIAL AIR CONDITIONERS AND HEAT PUMPS—Continued
                                                                                                                                                                                                                    Additional test procedure provi-
                                                                                                                                                         Energy efficiency                 Use tests, conditions,
                                                          Equipment type                      Category                     Cooling capacity                                                                         sions as indicated in the listed
                                                                                                                                                            descriptor                      and procedures 1 in       paragraphs of this section

                                                                                      Water-Cooled and                   ≥135,000 Btu/h and         EER ................................   AHRI 340/360–2007        Paragraphs (c) and (e).
                                                                                        Evaporatively-                     <240,000 Btu/h.                                                  (omit section 6.3).
                                                                                        Cooled AC.
                                                  Very Large Commercial Pack-         Air-Cooled AC and                  ≥240,000 Btu/h and         EER and COP ................           AHRI 340/360–2007        Paragraphs (c) and (e).
                                                    aged Air-Conditioning and           HP.                                <760,000 Btu/h.                                                  (omit section 6.3).
                                                    Heating Equipment.
                                                                                      Water-Cooled and                   ≥240,000 Btu/h and         EER ................................   AHRI 340/360–2007        Paragraphs (c) and (e).
                                                                                       Evaporatively-                      <760,000 Btu/h.                                                  (omit section 6.3)..
                                                                                       Cooled AC.
                                                  Packaged Terminal Air Condi-        AC and HP ...............          <760,000 Btu/h ........    EER and COP ................           See paragraph (g) of     Paragraphs (c), (e), and (g).
                                                    tioners and Heat Pumps.                                                                                                                  this section.
                                                  Computer Room Air Condi-            AC ............................    <65,000 Btu/h ..........   SCOP .............................     ASHRAE 127–2007          Paragraphs (c) and (e).
                                                    tioners.                                                                                                                                 (omit section 5.11).
                                                                                                                         ≥65,000 Btu/h and          SCOP .............................     ASHRAE 127–2007          Paragraphs (c) and (e).
                                                                                                                           <760,000 Btu/h.                                                   (omit section 5.11).
                                                  Variable Refrigerant Flow Multi-    AC ............................    <760,000 Btu/h ........    EER and COP ................           AHRI 1230–2010           Paragraphs (c), (d), (e), and (f).
                                                    split Systems.                                                                                                                           (omit sections
                                                                                                                                                                                             5.1.2 and 6.6).
                                                  Variable Refrigerant Flow Multi-    HP ............................    <760,000 Btu/h ........    EER and COP ................           AHRI 1230–2010           Paragraphs (c), (d), (e), and (f).
                                                    split Systems, Air-cooled.                                                                                                               (omit sections
                                                                                                                                                                                             5.1.2 and 6.6).
                                                  Variable Refrigerant Flow Multi-    HP ............................    <17,000 Btu/h ..........   EER and COP ................           AHRI 1230–2010           Paragraphs (c), (d), (e), and (f).
                                                    split Systems, Water-source.                                                                                                             (omit sections
                                                                                                                                                                                             5.1.2 and 6.6).
                                                  Variable Refrigerant Flow Multi-    HP ............................    ≥17,000 Btu/h and          EER and COP ................           AHRI 1230–2010           Paragraphs (c), (d), (e), and (f).
                                                    split Systems, Water-source.                                           <760,000 Btu/h.                                                   (omit sections
                                                                                                                                                                                             5.1.2 and 6.6).
                                                  Single Package Vertical Air    AC and HP ...............               <760,000 Btu/h ........    EER and COP ................           AHRI 390–2003            Paragraphs (c) and (e).
                                                    Conditioners and Single                                                                                                                  (omit section 6.4).
                                                    Package Vertical Heat Pumps.
                                                    1 Incorporated   by reference, see § 431.95.


                                                     (c) Optional break-in period.                                      in AHRI 310/380–2014, ANSI/ASHRAE                                    between the indoor and outdoor rooms
                                                  Manufacturers may optionally specify a                                16, and/or ANSI/ASHRAE 37 conflict                                   must be sealed to eliminate all air
                                                  ‘‘break-in’’ period, not to exceed 20                                 with the definitions provided in 10 CFR                              leakage through this area.
                                                  hours, to operate the equipment under                                 431.92, the 10 CFR 431.92 definitions                                  (4) Optional pre-filling of the
                                                  test prior to conducting the test method                              shall be used. Where AHRI 310/380–                                   condensate drain pan. For packaged
                                                  specified by AHRI 210/240–2008, AHRI                                  2014 makes reference to ANSI/ASHRAE
                                                                                                                                                                                             terminal air conditioners and packaged
                                                  310/380–2014, AHRI 340/360–2007,                                      16, it is interpreted as reference to
                                                                                                                                                                                             terminal heat pumps, test facilities may
                                                  AHRI 390–2003, AHRI 1230–2010, or                                     ANSI/ASHRAE 16–1983 (RA 2014).
                                                  ASHRAE 127–2007 (incorporated by                                                                                                           add water to the condensate drain pan
                                                                                                                          (2) Heating mode testing. The test
                                                  reference, see § 431.95). A manufacturer                                                                                                   of the equipment under test (until the
                                                                                                                        method for testing packaged terminal
                                                  who elects to use an optional break-in                                                                                                     water drains out due to overflow
                                                                                                                        heat pumps in heating mode shall
                                                  period in its certification testing should                                                                                                 devices or until the pan is full) prior to
                                                                                                                        consist of application of the methods
                                                  record this information (including the                                and conditions in AHRI 310/380–2014                                  conducting the test method specified by
                                                  duration) in the test data underlying the                             sections 3, 4.1, 4.2 (except the section                             AHRI 310/380–2014 (incorporated by
                                                  certified ratings that is required to be                              4.2.1.2(b) reference to ANSI/ASHRAE                                  reference, see § 431.95). No specific
                                                  maintained under 10 CFR 429.71.                                       37), 4.3, and 4.4 (incorporated by                                   level of water mineral content or water
                                                  *      *     *    *      *                                            reference; see § 431.95), and in ANSI/                               temperature is required for the water
                                                     (g) Test Procedures for Packaged                                   ASHRAE 58 (incorporated by reference;                                added to the condensate drain pan.
                                                  Terminal Air Conditioners and                                         see § 431.95). Where definitions                                       (5) Filter selection. For packaged
                                                  Packaged Terminal Heat Pumps—(1)                                      provided in AHRI 310/380–2014 or                                     terminal air conditioners and packaged
                                                  Cooling mode testing. The test method                                 ANSI/ASHRAE 58 conflict with the                                     terminal heat pumps, the indoor filter
                                                  for testing packaged terminal air                                     definitions provided in 10 CFR 431.92,                               used during testing shall be the standard
                                                  conditioners and packaged terminal                                    the 10 CFR 431.92 definitions shall be                               or default filter option shipped with the
                                                  heat pumps in cooling mode shall                                      used. Where AHRI 310/380–2014 makes                                  model. If a particular model is shipped
                                                  consist of application of the methods                                 reference to ANSI/ASHRAE 58, it is                                   without a filter, the unit must be tested
                                                  and conditions in AHRI 310/380–2014                                   interpreted as reference to ANSI/                                    with a MERV–1 filter sized
                                                  sections 3, 4.1, 4.2, 4.3, and 4.4                                    ASHRAE 58–1986 (RA 2014).                                            appropriately for the filter slot.
                                                  (incorporated by reference; see                                         (3) Wall sleeves. For packaged
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                                                                                                                                                             [FR Doc. 2015–15885 Filed 6–29–15; 8:45 a.m.]
                                                  § 431.95), and in ANSI/ASHRAE 16                                      terminal air conditioners and packaged
                                                                                                                                                                                             BILLING CODE 6450–01–P
                                                  (incorporated by reference; see § 431.95)                             terminal heat pumps, the unit must be
                                                  or ANSI/ASHRAE 37 (incorporated by                                    installed in a wall sleeve with a 14 inch
                                                  reference; see § 431.95), except that                                 depth if available. If a 14 inch deep wall
                                                  instruments used for measuring                                        sleeve is not available, use the available
                                                  electricity input shall be accurate to                                wall sleeve option closest to 14 inches
                                                  within ±0.5 percent of the quantity                                   in depth. The area(s) between the wall
                                                  measured. Where definitions provided                                  sleeve and the insulated partition


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Document Created: 2018-02-22 11:16:56
Document Modified: 2018-02-22 11:16:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThe effective date of this rule is July 30, 2015. The final rule changes will be mandatory for representations starting June 24, 2016. The incorporation by reference of certain publications listed in this rule was approved by the Director of the Federal Register as of July 30, 2015.
ContactMr. Ronald Majette, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-7935. Email: [email protected]
FR Citation80 FR 37136 
RIN Number1904-AD19
CFR Citation10 CFR 429
10 CFR 431
CFR AssociatedEnergy Conservation; Imports; Measurement Standards; Reporting and Recordkeeping Requirements and Incorporation by Reference

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