81_FR_35347 81 FR 35242 - Energy Conservation Program: Test Procedures for Portable Air Conditioners

81 FR 35242 - Energy Conservation Program: Test Procedures for Portable Air Conditioners

DEPARTMENT OF ENERGY

Federal Register Volume 81, Issue 105 (June 1, 2016)

Page Range35242-35268
FR Document2016-12446

On February 25, 2015, the U.S. Department of Energy (DOE) published a notice of proposed rulemaking (NOPR), in which it proposed to establish test procedures for portable air conditioners (ACs) to determine capacities and energy efficiency metrics for portable ACs. On November 27, 2015, DOE published a supplemental notice of proposed rulemaking (SNOPR) to revise the proposal by modifying the cooling and heating mode test requirements, introducing the seasonally adjusted cooling capacity (SACC) and a revised combined energy efficiency ratio (CEER), and clarifying several aspects of test setup. The proposed test procedure serves as the basis for this action. DOE is issuing a final rule to establish a new test procedure for portable ACs in a new appendix. The new test procedure in appendix CC will be used to determine the SACC and CEER for portable ACs that are subject to the adopted test procedure. The test procedure is based on industry standards, with several modifications to ensure the test procedure is representative of typical use and to improve accuracy and repeatability while minimizing test burden.

Federal Register, Volume 81 Issue 105 (Wednesday, June 1, 2016)
[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Rules and Regulations]
[Pages 35242-35268]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12446]



[[Page 35241]]

Vol. 81

Wednesday,

No. 105

June 1, 2016

Part IV





 Department of Energy





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10 CFR Parts 429 and 430





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

Federal Register / Vol. 81 , No. 105 / Wednesday, June 1, 2016 / 
Rules and Regulations

[[Page 35242]]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[Docket No. EERE-2014-BT-TP-0014]
RIN 1904-AD22


Energy Conservation Program: Test Procedures for Portable Air 
Conditioners

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

ACTION: Final rule.

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SUMMARY: On February 25, 2015, the U.S. Department of Energy (DOE) 
published a notice of proposed rulemaking (NOPR), in which it proposed 
to establish test procedures for portable air conditioners (ACs) to 
determine capacities and energy efficiency metrics for portable ACs. On 
November 27, 2015, DOE published a supplemental notice of proposed 
rulemaking (SNOPR) to revise the proposal by modifying the cooling and 
heating mode test requirements, introducing the seasonally adjusted 
cooling capacity (SACC) and a revised combined energy efficiency ratio 
(CEER), and clarifying several aspects of test setup. The proposed test 
procedure serves as the basis for this action. DOE is issuing a final 
rule to establish a new test procedure for portable ACs in a new 
appendix. The new test procedure in appendix CC will be used to 
determine the SACC and CEER for portable ACs that are subject to the 
adopted test procedure. The test procedure is based on industry 
standards, with several modifications to ensure the test procedure is 
representative of typical use and to improve accuracy and repeatability 
while minimizing test burden.

DATES: The effective date of this rule is July 1, 2016. The final rule 
changes will be mandatory for representations of energy use or 
efficiency on or after November 28, 2016. The incorporation by 
reference of certain publications listed in this rule was approved by 
the Director of the Federal Register as of July 1, 2016.

ADDRESSES: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, comments, and other supporting 
documents/materials, is available for review at www.regulations.gov. 
All documents in the docket are listed in the www.regulations.gov 
index. However, 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-2014-BT-TP-0014. This Web 
page will contain a link to the docket for this document on the 
www.regulations.gov site. The www.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: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-5B, 1000 Independence Avenue SW., Washington, 
DC 20585-0121. Telephone: (202) 586-0371. Email: 
[email protected]
    Ms. Sarah Butler, U.S. Department of Energy, Office of the General 
Counsel, Mailstop GC-33, 1000 Independence Ave. SW., Washington, DC 
20585-0121. Telephone: 202-586-1777. Email: [email protected].

SUPPLEMENTARY INFORMATION: This final rule incorporates by reference 
the following industry standard into 10 CFR parts 429 and 430:
    American National Standards Institute (ANSI)/Association of Home 
Appliance Manufacturers (AHAM) PAC-1-2015, Portable Air Conditioners, 
June 19, 2015.
    Copies of ANSI/AHAM PAC-1-2015 can be obtained from the Association 
of Home Appliance Manufacturers, 1111 19th Street NW., Suite 402, 
Washington, DC 20036, 202-872-5955, or by going to https://www.aham.org/ht/d/Store/.
    This final rule also incorporates by reference the following 
industry standards into 10 CFR part 430:
    ANSI/American Society of Heating, Refrigerating, and Air 
Conditioning Engineers (ASHRAE) Standard 37-2009, (``ASHRAE Standard 
37-2009''), Methods of Testing for Rating Electrically Driven Unitary 
Air-Conditioning and Heat Pump Equipment, ANSI approved June 25, 2009.
    International Electrotechnical Commission (IEC) 62301 (``IEC 
62301''), Household electrical appliances--Measurement of standby 
power, (Edition 2.0, 2011-01).
    Copies of ANSI/ASHRAE Standard 37-2009 can be obtained from the 
American Society of Heating, Refrigerating and Air-Conditioning 
Engineers, Inc., Publication Sales, 1791 Tullie Circle NE., Atlanta, GA 
30329, 800-527-4723 or 404-636-8400, or go to http://www.ashrae.org.
    Copies of IEC 62301 can be obtained from the IEC at https://webstore.iec.ch/ and also from the American National Standards 
Institute, 25 W. 43rd Street, 4th Floor, New York, NY 10036, (212) 642-
4900, or go to http://webstore.ansi.org.
    See section IV.N of this rulemaking for a further discussion of 
these standards.

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Synopsis of the Final Rule
III. Discussion
    A. Covered Products and Configurations
    1. Configuration Definitions
    2. Convertible Products
    B. Active Mode
    C. Cooling Mode
    1. General Test Approach
    2. Rating Conditions
    3. Seasonally Adjusted Cooling Capacity
    4. Test Duration
    5. Duct Heat Transfer and Leakage
    6. Case Heat Transfer
    7. Test Setup and Unit Placement
    8. Condensate Collection
    9. Control Settings
    10. Electrical Supply
    11. Power Factor
    12. Test Condition Tolerances
    D. Heating Mode
    E. Air Circulation Mode
    F. Off-Cycle Mode
    G. Standby Mode and Off Mode
    1. Mode Definitions
    2. Determination of Standby Mode and Off Mode Power Consumption
    H. Energy Efficiency Metrics
    1. Annual Operating Mode Hours
    2. CEER Calculation
    3. Annual Operating Costs
    I. Compliance With Other Energy Policy and Conservation Act 
Requirements
    1. Test Burden
    2. Potential Incorporation of International Electrotechnical 
Commission Standard 62087
    J. Sampling Plan and Rounding Requirements
    K. General Comments
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
    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

[[Page 35243]]

    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Congressional Notification
    N. Materials Incorporated by Reference
V. Approval of the Office of the Secretary

I. Authority and Background

    Portable air conditioners (portable ACs) are a type of heating, 
cooling, and air-conditioning equipment, for which the U.S. Department 
of Energy (DOE) is establishing test procedures, subject to the 
requirements of 42 U.S.C. 6293(b)(1)(B). DOE is considering energy 
conservation standards for portable ACs in a concurrent rulemaking. The 
following sections discuss DOE's authority to establish test procedures 
for portable ACs and relevant background information detailing the 
history of the portable AC test procedure rulemaking.

A. Authority

    Title III of the Energy Policy and Conservation Act of 1975 (42 
U.S.C. 6291, et seq.; ``EPCA'' or, ``the Act'') \1\ sets forth various 
provisions designed to improve energy efficiency. Part B \2\ of title 
III establishes the ``Energy Conservation Program for Consumer Products 
Other Than Automobiles,'' which covers consumer products and certain 
commercial products (hereinafter referred to as ``covered products''). 
EPCA authorizes DOE to establish technologically feasible, economically 
justified energy conservation standards for covered products or 
equipment that would be likely to result in significant national energy 
savings. (42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII)) In addition to 
specifying a list of covered consumer and industrial products, EPCA 
contains provisions that enable the Secretary of Energy to classify 
additional types of consumer products as covered products. (42 U.S.C. 
6292(a)(20)) For a given product to be classified as a covered product, 
the Secretary must determine that:
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    \1\ All references to EPCA refer to the statute as amended 
through the Energy Efficiency Improvement Act of 2015, Public Law 
114-11 (April 30, 2015).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
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    (1) Classifying the product as a covered product is necessary for 
the purposes of EPCA; and
    (2) The average annual per-household energy use by products of each 
type is likely to exceed 100 kilowatt-hours (kWh) per year. (42 U.S.C. 
6292(b)(1))
    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.
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA provides in relevant part that any test 
procedures prescribed or amended under this section shall be reasonably 
designed to produce test results that measure energy efficiency, energy 
use or estimated annual operating cost of a covered product during a 
representative average use cycle or period of use and shall not be 
unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) In addition, if 
DOE determines that a test procedure should be prescribed or amended, 
it must publish proposed test procedures and offer the public an 
opportunity to present oral and written comments on them. (42 U.S.C. 
6293(b)(2))

B. Background

    There are currently no DOE test procedures or energy conservation 
standards for portable ACs. On July 5, 2013, DOE issued a notice of 
proposed determination (NOPD) of coverage (hereinafter referred to as 
the ``July 2013 NOPD''), in which DOE announced that it tentatively 
determined that portable ACs meet the criteria under 42 U.S.C. 
6292(b)(1) to be classified as a covered product. 78 FR 40403. In a 
final determination of coverage published in the Federal Register on 
April 18, 2016 (the April 2016 Coverage Determination), DOE classified 
portable ACs as covered consumer products under EPCA. 81 FR 22514.
    Concurrently, DOE has initiated rulemaking processes to establish 
test procedures and energy conservation standards for portable ACs. DOE 
initiated this test procedure rulemaking with a notice of data 
availability (NODA), published on May 9, 2014 (hereinafter referred to 
as the ``May 2014 NODA''). 79 FR 26639 (May 9, 2014). In the May 2014 
NODA, DOE addressed comments received in response to the June 2013 
NOPD, and specifically recognized those comments that supported the 
development of a DOE test procedure for portable ACs to provide 
consistency and clarity for representations of energy use of these 
products. DOE evaluated available industry test procedures to determine 
whether such methodologies would be suitable for incorporation in a 
future DOE test procedure. To support development of a standardized DOE 
test procedure for portable ACs, DOE conducted testing on a range of 
portable ACs to determine typical cooling capacities and cooling energy 
efficiencies based on the existing industry test methods and other 
modified approaches for portable ACs. DOE presented the results of this 
testing for public review and comment in the May 2014 NODA. 79 FR 
26639, 26640 (May 9, 2014).
    On February 25, 2015, DOE published in the Federal Register a 
notice of proposed rulemaking (NOPR) (hereinafter referred to as the 
``February 2015 NOPR''), in which it addressed comments received in 
response to the July 2013 NOPD that were not previously addressed in 
the May 2014 NODA, and proposed test procedures for single-duct and 
dual-duct portable ACs that would provide a means of determining 
efficiency in various operating modes, including cooling mode, heating 
mode, off-cycle mode, standby mode, and off mode. 80 FR 10211. For 
cooling mode and heating mode, DOE proposed test procedures based on 
the then-current industry-accepted test procedure, AHAM PAC-1-2014, 
``Portable Air Conditioners,'' with additional provisions to account 
for heat transferred to the indoor conditioned space from the case, 
ducts, and any infiltration air from unconditioned spaces. DOE also 
proposed various clarifications for cooling mode and heating mode 
testing, including: (1) Test duct configuration; (2) instructions for 
condensate collection; (3) control settings for operating mode, fan 
speed, temperature set point, and louver oscillation; (4) clarification 
of test condition tolerances; and (5) unit placement within the test 
chamber. For off-cycle mode, DOE proposed a test procedure that would 
measure energy use when the ambient dry-bulb temperature is at or below 
the setpoint. DOE also identified relevant low-power modes, proposed 
definitions for inactive mode and off mode, and proposed test 
procedures to determine representative energy consumption for these 
modes. Id.
    In the February 2015 NOPR, DOE proposed to use a combined energy 
efficiency ratio (CEER) metric for representing the overall energy 
efficiency of single-duct and dual-duct portable ACs. The CEER metric 
would

[[Page 35244]]

represent energy use in all available operating modes. DOE also 
proposed a cooling mode-specific CEER for units that do not provide a 
heating function to provide a basis for comparing performance with 
other cooling products such as room ACs. In addition, DOE proposed 
separate energy efficiency ratio (EER) metrics for determining energy 
efficiency in cooling mode and heating mode only. 80 FR 10211, 10234-
10235 (Feb. 25, 2015). In response to the February 2015 NOPR, DOE 
received comments during a public meeting, in which DOE presented the 
proposals, as well as in eight written comments from interested 
parties. DOE has addressed these comments in the subsequent rulemaking 
publications discussed below, including this final rule.
    On November 17, 2015, DOE published in the Federal Register a 
supplemental notice of proposed rulemaking (SNOPR) (hereinafter 
referred to as the ``November 2015 SNOPR), in which DOE proposed 
additions and clarifications to its proposed portable AC test 
procedure. The additions and clarifications included: (1) Minor 
revisions to the indoor and outdoor cooling mode test conditions; (2) 
an additional test condition for cooling mode testing; (3) updated 
infiltration air and capacity calculations to account for the second 
cooling mode test condition, in the form of new condition-specific 
adjusted cooling capacities (ACC95 and ACC83) and 
the newly introduced seasonally adjusted cooling capacity (SACC); (4) 
removal of the measurement of case heat transfer; (5) a clarification 
of test unit placement within the test chamber; (6) removal of the 
heating mode test procedure; (7) a revision to the CEER calculation to 
reflect the two cooling mode test conditions and removal of heating 
mode testing; (8) a clarification of the active mode test duration; and 
(9) additional technical corrections and clarifications. Other than the 
specific amendments newly proposed in the SNOPR, DOE continued to 
propose the general test procedure originally included in the February 
2015 NOPR. 80 FR 74020 (Nov. 17, 2015). In response to the November 
2015 SNOPR, DOE received four written comments from interested parties. 
In the relevant sections of this final rule, DOE presents those 
comments, DOE's responses, and any applicable modifications to DOE's 
test procedure.
    DOE also recently initiated a separate rulemaking to consider 
establishing energy conservation standards for portable ACs. DOE 
received additional test procedure-related comments during the 
preliminary analysis stage of this concurrent energy conservation 
standards rulemaking and addresses those comments in this final rule. 
Any new standards would be based on the same efficiency metrics derived 
from the test procedure that DOE is establishing in this final rule.

II. Synopsis of the Final Rule

    DOE has reviewed its analysis and comments received in response to 
the November 2015 SNOPR, and has concluded that the proposals contained 
therein, including proposals that remained unchanged from the February 
2015 NOPR, warrant adoption of a new test procedure for single-duct and 
dual-duct portable ACs except as follows: (1) Adopting a lower value 
for the duct convection heat transfer coefficient; (2) slightly 
revising the proposed definitions of ``single-duct portable air 
conditioner'' and ``dual-duct portable air conditioner'' and 
withdrawing the proposed definition for ``spot cooler;'' (3) requiring 
that any single-duct or dual-duct portable ACs that may be configured 
in both single-duct and dual-duct configurations must be tested in both 
configurations; and (4) incorporating clarifying edits to the duct 
installation instructions and duct surface area calculation. DOE is 
codifying the new test procedure at 10 CFR part 430, subpart B, 
appendix CC, to contain provisions for measuring the energy consumption 
of single-duct and dual-duct portable ACs in active, standby, and off 
modes. In addition, in this final rule, DOE establishes provisions for 
certification, compliance, and enforcement for portable ACs in 10 CFR 
part 429. Specifically, these amendments add new section 10 CFR 429.62 
with requirements for determining SACC and CEER for a basic model.

III. Discussion

    In this test procedure final rule, DOE is adopting definitions, 
test procedures, and certification and enforcement requirements for 
portable ACs. These provisions will be incorporated into relevant 
sections of parts 429 and 430 of Title 10 of the CFR, as specified in 
Table III.1. The definitions discussed and established in this final 
rule include various operating modes (cooling mode, off-cycle mode, 
standby mode, inactive mode, and off mode), duct configurations 
(single-duct and dual-duct), and performance metrics (seasonally 
adjusted cooling capacity and combined energy efficiency ratio). The 
test procedures established in this final rule provide a measure of 
portable AC performance under representative operating modes and 
conditions, which are discussed further in this final rule. DOE further 
establishes test sampling requirements.

  Table III.1--Summary of Final Rule Provisions, Their Location Within the Code of Federal Regulations, and the
                                         Applicable Preamble Discussion
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                                                                                            Applicable preamble
            CFR Location                     Topics             Summary of provisions           discussion
----------------------------------------------------------------------------------------------------------------
10 CFR 429.62......................  Sampling Plan.........  Minimum number of portable   Section III.J.
                                                              ACs to be tested to rate a
                                                              portable AC basic model.
10 CFR 430.2.......................  Definitions...........  Definitions pertinent to     Section III.A.
                                                              categorizing and testing
                                                              of portable ACs.
10 CFR 429.4 and 10 CFR 430.3......  Incorporation by        Description of industry      Section IV.N.
                                      Reference.              standards incorporated by
                                                              reference in the DOE test
                                                              procedure.
10 CFR 430.23(dd) and Appendix CC    Test Procedure........  Instructions for             Sections III.C, III.F,
 to Subpart B.                                                determining the SACC and     III.G, and III.H.
                                                              CEER for applicable
                                                              portable ACs.
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    The Pacific Gas and Electric Company (PG&E), Southern California 
Gas Company (SCGC), Southern California Edison (SCE), and San Diego Gas 
and Electric Company (SDG&E) (hereinafter the ``California Investor-
Owned Utilities (IOUs)''), the National Association of Manufacturers 
(NAM), and AHAM supported DOE's rulemakings to establish energy 
conservations standards and test procedures for portable ACs. AHAM 
further stated that

[[Page 35245]]

the test procedure should include repeatable and reproducible measures 
that are representative of actual consumer use, but not unduly 
burdensome to conduct. (California IOUs, No. 20 at p. 1; NAM, No. 17 at 
p. 1; AHAM, No. 18 at p. 1; AHAM, No. 23 at pp. 1-2) \3\
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    \3\ A notation in the form ``California IOUs, No. 20 at p. 1'' 
identifies a written comment: (1) Made by the Pacific Gas and 
Electric Company, Southern California Gas Company, Southern 
California Edison, and San Diego Gas and Electric Company (``the 
California IOUs''); (2) recorded in document number 20 that is filed 
in the docket of this test procedure rulemaking (Docket No. EERE-
2014- BT-TP-0014) and available for review at www.regulations.gov; 
and (3) which appears on page 1 of document number 20.
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A. Covered Products and Configurations

    In the April 2016 Coverage Determination, DOE established the 
definition of a portable AC as a portable encased assembly, other than 
a packaged terminal air conditioner, room air conditioner, or 
dehumidifier, that delivers cooled, conditioned air to an enclosed 
space, and is powered by single-phase electric current. The definition 
also states that a portable AC includes a source of refrigeration and 
may include additional means for air circulation and heating. 81 FR 
22514, 22516, 22519, 22520 (April 18, 2016). This definition 
encompasses several categories and configurations of portable ACs. For 
the purposes of specifying the appropriate test method(s) and, 
potentially, energy conservation standards for these different 
categories and configurations of portable ACs, DOE is adopting specific 
definitions for ``single-duct portable air conditioner'' and ``dual-
duct portable air conditioner,'' and clarifying the test method for 
convertible products. DOE discusses these definitions and test 
provisions, including any comments received related to them, in section 
III.A.1 and section III.A.2 of this rule.
1. Configuration Definitions
    In the February 2015 NOPR, DOE identified three general categories 
of portable ACs, distinguished by duct configuration and associated 
handling of condenser air flow. Accordingly, DOE proposed definitions 
for these three configurations: ``single-duct portable air 
conditioners,'' ``dual-duct portable air conditioners,'' and ``spot 
coolers.'' 80 FR 10211, 10214-10216 (Feb. 25, 2015). The various 
ducting configurations are discussed in more detail in the following 
sections.
a. Single-Duct and Dual-Duct Portable ACs
    DOE proposed in the February 2015 NOPR to define a single-duct 
portable AC as a portable AC that draws all of the condenser inlet air 
from the conditioned space without the means of a duct, and discharges 
the condenser outlet air outside the conditioned space through a single 
duct. 80 FR 10211, 10215-10216 (Feb. 25, 2015). DOE also proposed a 
definition of a dual-duct portable AC as a portable AC that draws some 
or all of the condenser inlet air from outside the conditioned space 
through a duct, and may draw additional condenser inlet air from the 
conditioned space. DOE further defined a dual-duct portable AC as 
discharging the condenser outlet air outside the conditioned space by 
means of a separate duct. Id. at 10216. The portable AC configuration 
definitions proposed in the February 2015 NOPR were the basis for the 
development of the concurrent energy conservation standards rulemaking 
preliminary analysis, published on February 27, 2015 (February 2015 
Preliminary Analysis). DOE also maintained these proposed definitions 
in the November 2015 SNOPR.
    In response to the February 2015 Preliminary Analysis, DENSO 
Products and Services Americas, Inc. (DENSO) expressed concern that the 
terminology for a dual-duct configuration could be potentially 
misleading. (DENSO, Standards Preliminary Analysis, No. 13 at p. 9) \4\ 
DOE notes that the definition of a dual-duct portable AC requires ducts 
at both the condenser inlet and outlet. This definition would exclude 
other portable AC configurations with two ducts, such as portable ACs 
equipped with inlet and outlet ducts on the evaporator side, but 
without ducts at the condenser inlet and outlet. However, DOE is aware 
that some manufacturers may sell these portable ACs (defined as ``spot 
coolers'' in the February 2015 NOPR and November 2015 SNOPR) with 
optional inlet and/or outlet ducts for the condenser side. Therefore, 
DOE considered whether these products with the optional duct(s) 
installed could be considered single-duct or dual-duct portable ACs. 
DOE reviewed product specifications, manufacturer information, and 
available accessories for spot coolers. DOE observed that the optional 
ducting accessories for these products are typically available in a 
range of sizes and configurations, which precludes DOE from determining 
a representative ducted setup for testing. See section III.A.1.b of 
this preamble for further discussion of the testing concerns for spot 
coolers with optional ducting.
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    \4\ A notation in the form ``DENSO, Preliminary Analysis, No. 13 
at p. 9'' identifies a written comment: (1) Made by DENSO Products 
and Services Americas, Inc.; (2) recorded in document number 13 that 
is filed in the docket of the concurrent energy conservation 
standards rulemaking (Docket No. EERE-2013-BT-STD-0013) and 
available for review at www.regulations.gov; and (3) which appears 
on page 9 of document number 13.
---------------------------------------------------------------------------

    DOE also revisited the product specifications and manufacturer 
information for the products it had considered single-duct and dual-
duct portable ACs in the February 2015 Preliminary Analysis. DOE 
observed that all single-duct and dual-duct portable ACs include 
similar ducting configurations that include adjustable window mounting 
brackets for the condenser ducts. DOE determined that single-duct and 
dual-duct portable ACs implement an adjustable window mounting bracket 
to maintain portability and flexibility for users to install these 
products in multiple locations while exhausting condenser air outside 
through the most common available spaces--windows of varying sizes. DOE 
also notes that it found no spot coolers that have an adjustable window 
mounting bracket with the optional duct accessories. DOE identified the 
presence of an adjustable window mounting bracket as a primary feature 
of single-duct and dual-duct portable ACs. The corresponding 
consistency in installation enabled the development of a test procedure 
that yields energy use results representative of real-world use. As 
discussed in section III.A.1.b of this preamble, portable ACs without 
adjustable window mounting brackets for condenser ducts (e.g., spot 
coolers) may be installed and used in a variety of applications and are 
not addressed by this test procedure. DOE, therefore, establishes in 
this final rule the following single-duct portable AC and dual-duct 
portable AC definitions in 10 CFR 430.2, which include the requirement 
for an adjustable window bracket.
    Single-duct portable air conditioner means a portable air 
conditioner that draws all of the condenser inlet air from the 
conditioned space without the means of a duct, and discharges the 
condenser outlet air outside the conditioned space through a single 
duct attached to an adjustable window bracket.
    Dual-duct portable air conditioner means a portable air conditioner 
that draws some or all of the condenser inlet air from outside the 
conditioned space through a duct attached to an adjustable window 
bracket, may draw additional

[[Page 35246]]

condenser inlet air from the conditioned space, and discharges the 
condenser outlet air outside the conditioned space by means of a 
separate duct attached to an adjustable window bracket.
    In reviewing the February 2015 NOPR proposal, DOE noted that the 
terms ``single-duct portable air conditioner'' and ``dual-duct portable 
air conditioner'' are used in provisions of the DOE regulations outside 
of the test procedure that will be codified at appendix CC to part 430 
of Title 10 of the CFR. For example, the terms are used in the general 
test procedure instructions to be codified at 10 CFR 430.23(dd). 
Therefore, to ensure the appropriate scope of applicability for the 
single-duct and dual-duct portable AC definitions, DOE is codifying 
these definitions at 10 CFR 430.2.
b. Other Portable ACs
    In the February 2015 NOPR, DOE described ``spot coolers'' as 
portable ACs that have no ducting on the condenser side and may utilize 
small directional ducts on the evaporator exhaust. DOE noted that 
typical applications for spot coolers are those that require cooling in 
one localized zone and can tolerate exhaust heat outside of this zone. 
These applications are typically larger spaces with harsh conditions, 
and spot coolers are therefore generally more robust in construction 
than their single-duct and dual-duct portable AC counterparts. As such, 
DOE proposed defining a spot cooler as a portable AC that draws 
condenser inlet air from and discharges condenser outlet air to the 
conditioned space, and draws evaporator inlet air from and discharges 
evaporator outlet air to a localized zone within the conditioned space. 
In the February 2015 NOPR, DOE did not propose testing provisions for 
measuring the energy performance of spot coolers because these products 
do not provide net cooling to the conditioned space, and because they 
incorporate different design features and usage patterns than single-
duct and dual-duct portable ACs. 80 FR 10211, 10213, 10214-10215 (Feb. 
25, 2015).
    In response to the February 2015 Preliminary Analysis, DENSO 
commented that a spot cooler with optional ducts on either the 
condenser or evaporator side should still be classified as a spot 
cooler rather than a single-duct or dual-duct portable AC. (DENSO, 
Standards Preliminary Analysis, No. 13 at pp. 1-2)
    DOE agrees that a portable AC with no ducts on the condenser side, 
but with ducts on the evaporator side, would not be considered a 
single-duct or dual-duct portable AC because the portable AC would not 
be able to reject heat from the condenser to the ambient air through a 
window to space outside that in which the unit is located (i.e., the 
conditioned space), as is required by the single-duct and dual-duct 
portable AC definitions. Ducts optionally attached to the evaporator 
side would simply direct the delivery of the cooling air to a specific 
zone within the conditioned space.
    Optional ducts that may be attached to spot coolers on the 
condenser side vary significantly in purpose and design from those 
accompanying single-duct and dual-duct portable ACs (i.e., spot cooler 
condensers are not typically intended to be ducted through a window by 
means of an adjustable mounting bracket, but instead may be ducted 
through the ceiling or to a specific location within or outside the 
conditioned space by typically longer and larger-diameter ducts). Under 
the definitions established in this final rule for single-duct and 
dual-duct portable ACs, a portable AC with optional ducts on the 
condenser side that do not attach to an adjustable window mounting 
bracket would not classify the product as a single-duct or dual-duct 
portable AC.
    The California IOUs urged DOE to adopt test procedures and consider 
future performance standards for spot coolers under DOE's proposed 
definitions. The California IOUs noted that 321 of the 427 spot cooler 
models in the California Energy Commission (CEC) Appliance Efficiency 
Database have cooling capacities below 14,000 British thermal units per 
hour (Btu/hr), and assumed this distribution is an indicator of 
widespread market availability of products below 14,000 Btu/hr. The 
California IOUs further commented that, should DOE decide not to adopt 
test procedures for spot coolers, DOE should define spot coolers as a 
non-covered product in order to avoid coverage for a category of 
equipment without establishing any standards, thereby preempting any 
state regulations. (California IOUs, No. 20 at pp. 1-2; California 
IOUs, No. 24 at p. 4) In this final rule, DOE maintains the approach 
proposed in the February 2015 NOPR to not establish test procedures for 
spot coolers because they do not provide net cooling to the conditioned 
space and they incorporate different design features and usage patterns 
than single-duct and dual-duct portable ACs. Additionally, due to the 
significant variability in operating conditions and installation 
configurations (including the variety of optional accessories) for spot 
coolers with optional condenser ducting attached, DOE does not have 
information to determine appropriate test setup and testing conditions 
to measure spot cooler energy use in a representative test procedure. 
Therefore, DOE is establishing testing requirements for only single-
duct and dual-duct portable ACs at this time, as discussed in section 
III.A.1.a of this preamble.
    Upon review of the spot cooler entries in the CEC Appliance 
Efficiency Database,\5\ DOE concludes that a number of listed products 
would meet DOE's definitions of single-duct or dual-duct portable ACs. 
Such single-duct or dual-duct portable ACs would be covered by the test 
procedures adopted in this final rule. DOE also notes that, because 
spot coolers meet the definition of a portable AC as established by the 
April 2016 Coverage Determination, they are covered products under 
EPCA.
---------------------------------------------------------------------------

    \5\ The CEC Appliance Efficiency Database is accessible at 
https://cacertappliances.energy.ca.gov/Pages/ApplianceSearch.aspx.
---------------------------------------------------------------------------

    The Appliance Standards Awareness Project (ASAP), Alliance to Save 
Energy (ASE), American Council for an Energy-Efficient Economy (ACEEE), 
National Consumer Law Center (NCLC), Natural Resources Defense Council 
(NRDC), and Northwest Energy Efficiency Alliance (NEEA) (hereinafter 
the ``NOPR Joint Commenters'') and the California IOUs, expressed 
concern, in response to the February 2015 NOPR, that products not 
intended to be used as spot coolers could meet the definition of spot 
cooler and thereby avoid having to comply with portable AC standards. 
(NOPR Joint Commenters, No. 19 at p. 2; California IOUs, No. 20 at p. 
2) In response to the concern raised by the NOPR Joint Commenters and 
California IOUs, DOE does not expect that manufacturers would begin 
selling products in spot cooler configurations due to the consumer 
utility impacts of exhausting the hot condenser air within the 
conditioned space.
    NAM urged DOE to exclude commercial portable ACs \6\ from the 
portable AC test procedure due to the unique construction and limited 
energy use of these niche products. Oceanaire and NAM explained that 
commercial portable ACs are primarily used to address temporary or 
short-term extreme conditions (elevated temperature, humidity, and 
corrosive surroundings). These commenters stated that commercial 
portable AC environmental conditions vary more significantly than those 
in consumer households, and therefore, claimed that

[[Page 35247]]

a single ambient test condition would not accurately reflect commercial 
portable AC performance. (Oceanaire, No. 10 at pp. 2-3; NAM, No. 17 at 
pp. 2-3) DOE established a definition and coverage for portable ACs in 
the April 2016 Coverage Determination. 81 FR 22514, 22516-22517, 22519-
22520 (April 18, 2016). This definition requires that a portable AC 
operate on single-phase electric current, which DOE expects would 
exclude those products intended only for use in industrial 
applications. Any products that meet the portable AC definition are 
subject to the test procedures in this final rule, if applicable, and 
would be subject to any energy conservation standards should DOE 
establish them. As discussed earlier in this section, DOE is 
establishing test procedures only for single-duct and dual-duct 
portable ACs in this final rule. Accordingly, any portable ACs that 
meet the single-duct and dual-duct portable AC definitions are required 
to be tested according to appendix CC. Although DOE has identified 
portable AC configurations other than single-duct and dual-duct 
portable ACs, DOE is not establishing test procedures for such portable 
ACs in this final rule because it has not identified testing provisions 
that would be representative of operation during typical use. Further, 
because the test procedures established in this final rule apply only 
to single-duct and dual-duct portable ACs as discussed previously in 
this rule, DOE is not establishing the spot cooler definition proposed 
in the February 2015 NOPR and November 2015 SNOPR, as DOE has 
determined that it is not necessary for purposes of testing or product 
classification.
---------------------------------------------------------------------------

    \6\ DOE expects that ``commercial portable ACs,'' as discussed 
by NAM and Oceanaire, likely refers to spot coolers. This 
determination was based on reviewing their overall comments and 
Oceanaire's product availability.
---------------------------------------------------------------------------

    In conclusion, DOE is establishing, in this final rule, definitions 
for single-duct and dual-duct portable ACs. As noted in section 
III.A.1.a of this final rule, DOE is codifying these definitions at 10 
CFR 430.2, rather than appendix CC, to reflect their applicability to 
the entirety of DOE's portable AC regulations, not only the test 
methods contained in appendix CC.
2. Convertible Products
    DOE recognizes that some single-duct or dual-duct portable ACs may 
provide the consumer with the option to operate the unit as either a 
single-duct or dual-duct portable AC. If a product is distributed in 
commerce in both configurations, the different configurations represent 
different ``basic models'' within DOE's regulatory framework and the 
product must be rated and certified in both configurations. If a 
single-duct or dual-duct portable AC is offered with options for 
single-ducting and dual-ducting, such a unit would be required to be 
tested as a single-duct portable AC and a dual-duct portable AC. To the 
extent DOE establishes energy conservation standards for single-duct 
and dual-duct portable ACs, a single-duct or dual-duct portable AC 
distributed in commerce with multiple duct configurations would also be 
required to comply with any energy conservation standards applicable to 
those configurations. DOE notes that DOE's definition of ``distributed 
in commerce'' includes any representations made on manufacturer Web 
sites or in marketing literature, including optional accessories, 
regardless of the configuration in which the model is typically sold. 
That is, if a single-duct or dual-duct portable AC is advertised as 
capable of operating in both a single-duct and dual-duct configuration, 
that model would meet DOE's definitions of both single-duct and dual-
duct portable ACs and, therefore, would be required to be tested and 
certified under both configurations.
    This approach is similar to how DOE has treated other types of 
covered products and equipment, including dehumidifiers. In the recent 
dehumidifier test procedure final rule, DOE explained that products 
that meet the definitions for both portable and whole-home 
dehumidifiers as produced by the manufacturer, exclusive of any third-
party modifications, must be tested in both configurations and comply 
with any applicable energy conservations standards for each 
configuration. 80 FR 45802, 45806 (July 31, 2015). Therefore, under 
this final rule, single-duct and dual-duct portable ACs that are 
distributed in commerce with multiple duct configuration options must 
be tested in each applicable configuration and the performance in each 
tested configuration must comply with any applicable energy 
conservation standards.

B. Active Mode

    In the February 2015 NOPR, DOE proposed to define ``active mode'' 
as a mode in which the portable AC is connected to a mains power 
source, has been activated, and is performing the main functions of 
cooling or heating the conditioned space, circulating air through 
activation of its fan or blower without activation of the refrigeration 
system, or defrosting the refrigerant coil. 80 FR 10211, 10216 (Feb. 
25, 2015). In the November 2015 SNOPR, DOE determined that the existing 
statutory definition of ``active mode'' was sufficient for purposes of 
the portable AC test procedure and therefore no longer proposed a 
separate definition of ``active mode'' for portable ACs. 80 FR 74020, 
74022 (Nov. 27, 2015).
    AHAM agreed with DOE's proposal to remove the expanded definition 
for active mode from the test procedure. (AHAM, No. 23 at p. 2) DOE 
maintains the November 2015 SNOPR proposal and does not establish a 
separate definition of ``active mode'' for portable ACs in this final 
rule.

C. Cooling Mode

1. General Test Approach
    In the November 2015 SNOPR, DOE proposed a test procedure with 
provisions for measuring portable AC energy use in cooling mode that 
would be based on the current version of AHAM PAC-1, ANSI/AHAM PAC-1-
2015. The general test method in ANSI/AHAM PAC-1-2015 measures cooling 
capacity and EER based on an air enthalpy approach that measures the 
air flow rate, dry-bulb temperature, and water vapor content of air at 
the inlet and outlet of the portable AC when it is installed in a test 
chamber at specified indoor ambient conditions and the ducts are 
connected to a second chamber at specified outdoor ambient conditions. 
DOE noted in the November 2015 SNOPR that AHAM issued this new version 
of PAC-1 in 2015, with no changes in language from the 2014 version. 
Therefore, although DOE previously proposed in the February 2015 NOPR 
to adopt a test procedure for portable ACs that would be based on AHAM 
PAC-1-2014, DOE proposed in the November 2015 SNOPR to reference the 
identical updated version, ANSI/AHAM PAC-1-2015, in the proposed DOE 
portable AC test procedure in order to reference the most current 
industry version. 80 FR 74020, 74023 (Nov. 27, 2015).
    AHAM supported the updated reference to ANSI/AHAM PAC-1-2015, 
confirming that the two versions are identical and noting that ANSI/
AHAM PAC-1-2015 was a re-publication under ANSI requirements. (AHAM, 
No. 23 at p. 2)
    DOE maintains the November 2015 SNOPR proposal and establishes 
ANSI/AHAM PAC-1-2015 as the basis for the DOE portable AC test 
procedure in this final rule.
    DOE determined, however, in the February 2015 NOPR and November 
2015 SNOPR that the results from ANSI/AHAM PAC-1-2015 tests do not 
fully account for operational factors that contribute to an apparent 
reduction of cooling capacity in the field, namely air infiltration 
from outside the conditioned space and heat transfer through the

[[Page 35248]]

ducts and product case. DOE observed that infiltration from outside the 
conditioned space occurs due to the negative pressure induced as 
condenser air is exhausted outside the conditioned space. Although this 
effect is most pronounced for single-duct units, which draw all of 
their condenser air from with the conditioned space, dual-duct units 
also typically draw a portion of their condenser air from the 
conditioned space, which creates a negative pressure in the conditioned 
space, leading to infiltration air from unconditioned spaces (e.g., 
outdoors, attics, and crawlspaces). Accordingly, DOE proposed in the 
February 2015 NOPR numerical calculations that would adjust the 
measured cooling capacity by subtracting the sensible and latent heat 
transfer of infiltration air at the outdoor conditions, as well as 
measured duct and case heat transfer. 80 FR 10211, 10223-10227 (Feb. 
25, 2015); 80 FR 74020, 74026-74030 (Nov. 27, 2015). DOE received 
multiple comments regarding these proposed adjustments. Comments 
relating to the incorporation of infiltration air adjustments are 
discussed in this section, while those pertaining to duct and case heat 
transfer are discussed later in section III.C.5 and section III.C.6 of 
this final rule.
    Related to an adjustment for infiltration, ASAP supported 
incorporating the effects of infiltration air in the measure of cooling 
capacity. (ASAP, Public Meeting Transcript, No. 13 at p. 44) 
Conversely, AHAM and De' Longhi Appliances s.r.l. (De' Longhi) opposed 
DOE's proposal to apply a numerical adjustment for infiltration air to 
the results of ANSI/AHAM PAC-1-2015 testing. They indicated that it is 
not possible to identify or incorporate realistic infiltration air 
field conditions in a test procedure. AHAM suggested that factors such 
as home construction, floorplan, insulation, and leakage are all 
variables that affect the impact of infiltration air and are outside 
the control of the manufacturing process. According to AHAM, unlike 
duct heat transfer and leakage loss which can be controlled and, to 
some extent, standardized, air infiltration cannot be standardized 
without assumptions to analyze the variables. Additionally, AHAM urged 
DOE to obtain portable AC-specific data to support its proposed test 
procedure. (AHAM, No. 23 at pp. 1-3; De' Longhi, No. 25 at p. 1)
    Data presented in the February 2015 NOPR demonstrated that the net 
cooling of portable ACs is generally significantly lower than the air 
enthalpy measurements in ANSI/AHAM PAC-1-2015 would suggest, primarily 
due to the effects of air infiltration. Therefore, DOE determined that 
the use of ANSI/AHAM PAC-1-2015 alone would not accurately represent 
portable AC performance. Further, DOE's testing results indicated that 
varying air flow rates and heat losses among different portable ACs 
would preclude a fixed translation factor that could be applied to the 
results of ANSI/AHAM PAC-1-2015 to account for the impact of air 
infiltration. 80 FR 10211, 10221 (Feb. 25, 2015). DOE requested 
additional portable AC usage data from interested parties in both the 
February 2015 NOPR and November 2015 SNOPR and received no specific 
information that would impact DOE's proposals. DOE further notes, as 
discussed in section I.A of this final rule, that in accordance with 
EPCA, a test procedure must be designed to produce test results that 
measure energy efficiency during a representative average period of 
use. (42 U.S.C. 6293(b)(3)) Consequently, a DOE test procedure need not 
predict performance under every application, but rather under 
reasonably representative conditions applied consistently across all 
products. Therefore, DOE maintains its determination that the effects 
of infiltration air must be accounted for in the portable AC test 
procedure it establishes in this final rule, as it represents the 
performance of portable ACs under their typical installations and 
applications.
    De' Longhi expressed concern that modifying the AHAM PAC-1-2014 
method to account for infiltration air would disproportionately impact 
single-duct portable AC performance and subsequently cause the removal 
of such products from the market. De' Longhi asserted that single-duct 
portable ACs provide a unique consumer utility, allowing for easy 
installation, lighter weights, smaller dimensions, and the 
corresponding ability to easily move the equipment from room to room. 
According to De' Longhi, overall energy consumption may be reduced by 
using single-duct portable ACs because no room is conditioned 
unnecessarily. Therefore, De' Longhi did not agree with the proposal to 
modify the cooling capacity equation in AHAM PAC-1-2014 to address the 
effects of infiltration air. De' Longhi further noted that a certain 
amount of fresh air (make up air) is always required for proper 
ventilation. For residential occupancies, one to two air changes per 
hour are recommended. So the effect of air ventilation should be 
considered also, in general, for all air conditioning categories or it 
should be discounted for portable ACs. (De' Longhi, Public Meeting 
Transcript, No. 13 at pp. 13-15, 40; De' Longhi, No. 16 at pp. 1-3)
    In response to De' Longhi's concerns regarding disproportionate 
impacts on single-duct portable ACs when infiltration air is accounted 
for, DOE notes that DOE's test procedure must provide an accurate 
representation of portable AC energy consumption during an average 
cycle of use. As noted previously, single-duct portable ACs typically 
generate higher rates of infiltration air than comparable dual-duct 
units, and such infiltration affects the capacity and efficiency. 
Therefore, DOE believes it is appropriate to address the impacts of 
infiltration air in the SACC and CEER, as this represents expected 
installation and performance.
    However, as discussed further in section III.C.2, section III.C.3, 
and III.H of this final rule, the rating conditions and SACC 
calculation proposed in the November 2015 SNOPR mitigate De' Longhi's 
concerns. DOE recognizes that the impact of infiltration on portable AC 
performance is test-condition dependent and, thus, more extreme outdoor 
test conditions (i.e., elevated temperature and humidity) emphasize any 
infiltration-related performance differences. The rating conditions and 
weighting factors proposed in the November 2015 SNOPR, and adopted in 
this final rule (see section III.C.2.a and section III.C.3 of this 
final rule), represent more moderate conditions than those proposed in 
the February 2015 NOPR. Therefore, the performance impact of 
infiltration air heat transfer on all portable AC configurations is 
less extreme. In consideration of the changes in test conditions and 
performance calculations since the February 2015 NOPR and the test 
procedure established in this final rule, DOE expects that single-duct 
portable AC performance is significantly less impacted by infiltration 
air.
    Friedrich stated that the test procedure requires both rooms to be 
within 6 percent of the measured cooling or heating capacity, and 
therefore, because the rooms are balanced and there is a minor amount 
of pressure differential between both rooms, there is no need to take 
into account the infiltrated air. (Friedrich, Public Meeting 
Transcript, No. 13 at pp. 44-45) DOE infers that Friedrich's comment 
references Section 7.2 of ANSI/ASHRAE Standard 37-2009, ``Methods of 
Testing for Rating Electrically Driven Unitary Air-Conditioning and 
Heat Pump Equipment'' (ANSI/ASHRAE Standard 37-2009), which specifies 
that two simultaneous tests be conducted to determine the capacity of 
products rated

[[Page 35249]]

at less than 135,000 Btu/h, and Section 10.1.2 of that standard which 
specifies that the results of these tests must agree within 6 percent. 
However, these sections of ANSI/ASHRAE Standard 37-2009 are not 
referenced in ANSI/AHAM PAC-1-2015, nor were they referenced in the 
proposed DOE test procedure in the February 2015 NOPR or November 2015 
SNOPR. Therefore, Friedrich's comment does not apply to the DOE 
portable AC test procedure. In this final rule, DOE maintains that the 
initial measured cooling capacity prior to other adjustments be based 
on the indoor cooling capacity, as described in Section 7.3 of ANSI/
ASHRAE Standard 37-2009 and referenced in Section 7.1.b of ANSI/AHAM 
PAC-1-2015.
2. Rating Conditions
a. Test Chamber Temperatures
    In the February 2015 NOPR, DOE proposed the following standard 
rating conditions for cooling mode testing, adopting the conditions in 
Table 3, ``Standard Rating Conditions,'' in ANSI/AHAM PAC-1-2015, shown 
in Table III.2, where Test Configuration 3 applies to dual-duct units 
and Test Configuration 5 applies to single-duct units.\7\ 80 FR 10211, 
10226 (Feb. 25, 2015).
---------------------------------------------------------------------------

    \7\ Additional information regarding the operating and test 
configurations can be found in Table 2 and Figure 1 of ANSI/AHAM 
PAC-1-2015.

                                          Table III.2--Standard Rating Conditions--Cooling Mode--NOPR Proposal
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Evaporator inlet air, [deg]F ([deg]C)             Condenser inlet air, [deg]F ([deg]C)
                 Test configuration                  ---------------------------------------------------------------------------------------------------
                                                              Dry bulb                 Wet bulb                 Dry bulb                 Wet bulb
--------------------------------------------------------------------------------------------------------------------------------------------------------
3 (Dual-Duct).......................................                80.6 (27)                66.2 (19)                  95 (35)                75.2 (24)
5 (Single-Duct).....................................                80.6 (27)                66.2 (19)                80.6 (27)                66.2 (19)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In response to the February 2015 NOPR, DENSO suggested that the 
relative humidity conditions differed significantly between the 2009 
and 2014 versions of AHAM PAC-1 and that the test conditions should be 
expressed in whole degrees. Based on DENSO's comment, in the November 
2015 SNOPR, DOE examined the relative impact of the varying latent heat 
differential between the indoor (evaporator) and outdoor (condenser) 
conditions in the February 2015 NOPR proposal and in AHAM PAC-1-2009, 
which specified slightly different temperatures in rounded [deg]F.\8\ 
DOE estimated that the change in test conditions from the 2009 to the 
2015 version of AHAM PAC-1, proposed in the February 2015 NOPR, would 
decrease cooling capacity by 5-10 percent, an amount which DOE 
considered to be significant. DOE further noted that, although the test 
conditions in ANSI/AHAM PAC-1-2015 are harmonized with those in 
Canadian Standards Association (CSA) C370-2013 and ANSI/ASHRAE Standard 
128-2011, they do not align with the test conditions in the DOE test 
procedures for other cooling products, particularly room ACs and 
central ACs. Therefore, to maintain consistency with the DOE test 
procedures of other cooling products, DOE proposed in the November 2015 
SNOPR to revise the test conditions proposed in the February 2015 NOPR 
to align with the test conditions in AHAM PAC-1-2009. Namely, DOE 
proposed in the November 2015 SNOPR to specify indoor test conditions 
of 80[emsp14][deg]F dry-bulb and 67[emsp14][deg]F wet-bulb temperature, 
and a set of outdoor test conditions of 95[emsp14][deg]F dry-bulb and 
75[emsp14][deg]F wet-bulb temperature. 80 FR 74020, 74024 (Nov. 27, 
2015).
---------------------------------------------------------------------------

    \8\ AHAM PAC-1-2009 prescribed evaporator inlet (indoor) 
conditions of 80[emsp14][deg]F dry-bulb and 67[emsp14][deg]F wet-
bulb temperature, and condenser inlet (outdoor) conditions of 
95[emsp14][deg]F dry-bulb and 75[emsp14][deg]F wet-bulb temperature.
---------------------------------------------------------------------------

    In the November 2015 SNOPR, DOE also proposed to include a second 
cooling mode test condition for dual-duct units at outdoor test 
conditions. Specifically, DOE proposed to reflect both the high-
temperature conditions when cooling is most needed and the weighted-
average temperature and humidity observed during the hottest 750 hours 
(the hours during which DOE expects portable ACs to operate in cooling 
mode) by testing using both the 95[emsp14][deg]F dry-bulb and 
75[emsp14][deg]F wet-bulb temperature test condition and a second 
83[emsp14][deg]F dry-bulb temperature and 67.5[emsp14][deg]F wet-bulb 
temperature test condition. For single-duct units, as both the 
evaporator inlet and condenser inlet air conditions are based on the 
indoor air condition, the air enthalpy test is not affected by the 
outdoor air conditions. The effects of any infiltration air are then 
calculated rather than tested directly. Accordingly, DOE proposed to 
maintain the same air enthalpy test for single-duct units. In addition 
to the infiltration air impacts assuming 95[emsp14][deg]F dry-bulb and 
75.2[emsp14][deg]F wet-bulb temperature outdoor air, DOE proposed a 
second set of numerical calculations for adjusted cooling capacity 
(ACC) at the specific test conditions, and updated calculations for 
SACC and CEER based on the two proposed infiltration air conditions. 
(See section III.C.2.c of this rulemaking for discussion of the 
numerical adjustments by means of infiltration air calculations.) This 
approach was designed to minimize testing burden for single-duct 
portable ACs. Table III.3 shows the complete set of cooling mode rating 
conditions that DOE proposed for portable ACs in the November 2015 
SNOPR. 80 FR 74020, 74026 (Nov. 27, 2015).

                                          Table III.3--Standard Rating Conditions--Cooling Mode--SNOPR Proposal
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Evaporator inlet air, [deg]F ([deg]C)             Condenser inlet air, [deg]F ([deg]C)
                 Test configuration                  ---------------------------------------------------------------------------------------------------
                                                              Dry bulb                 Wet bulb                 Dry bulb                 Wet bulb
--------------------------------------------------------------------------------------------------------------------------------------------------------
3 (Dual-Duct, Condition A)..........................                80 (26.7)                67 (19.4)                  95 (35)                75 (23.9)
3 (Dual-Duct, Condition B)..........................                80 (26.7)                67 (19.4)                83 (28.3)              67.5 (19.7)
5 (Single-Duct).....................................                80 (26.7)                67 (19.4)                80 (26.7)                67 (19.4)
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 35250]]

    AHAM agreed with DOE's assessment of the impact on cooling capacity 
and measured efficiency due to small changes in the test conditions 
between the 2009 and 2015 versions of AHAM PAC-1 and therefore 
supported DOE's proposal to revise the single-duct and the dual-duct 
(Condition A) test chamber conditions to be consistent with those in 
AHAM PAC-1-2009. AHAM also supported the proposal to conduct two tests 
for dual-duct units and noted that the increase in test burden is 
necessary in order to more accurately measure cooling capacity. (AHAM, 
No. 23 at pp. 2, 4)
    NAM challenged DOE's assertion that portable ACs are used during 
the hottest 750 hours of the cooling season, suggesting that consumers 
often use portable ACs during the transition periods before and after 
summer to cool only a certain room or rooms prior to activating their 
central cooling or heating and that a temperature representing the 
hottest times of the cooling season is not representative of consumer 
use. (NAM, No. 17 at p. 2) DENSO stated that during the off season, the 
unit would be unplugged. (DENSO, No. 14 at p. 3)
    In response to NAM's comment that portable ACs are often used 
during seasonal transition periods rather than during the hottest 750 
hours of the cooling season and therefore test conditions based on the 
hottest times of the cooling season are not representative of consumer 
use, DOE notes that, as discussed in the February 2015 NOPR, in 
developing the representative rating conditions for portable ACs, DOE's 
view was that the room AC annual operating hours and test conditions 
presented in the most recent test procedure NOPR (hereinafter the 
``room AC test procedure NOPR'') \9\ were an appropriate proxy for 
portable ACs. DOE made this determination based on the many 
similarities between room ACs and portable ACs in design, cost, 
functionality, consumer utility, and applications. In the room AC test 
procedure in 10 CFR 430.23(f) and appendix F to subpart B of 10 CFR 
part 430, cooling mode is allotted 750 hours and testing is conducted 
at 95[emsp14][deg]F, a high-temperature outdoor test condition during 
which cooling is most needed. Based on DOE's approach that the annual 
operating hours for room AC cooling was a reasonable proxy for portable 
AC cooling, DOE determined in the February 2015 NOPR that the portable 
AC cooling mode also should be allotted the hottest 750 hours during 
the cooling season. DOE requested information regarding this 
determination of cooling mode operating hours in the February 2015 NOPR 
and the November 2015 SNOPR. 80 FR 10211, 10235, 10242-10243 (Feb. 25, 
2015); 80 FR 740202, 74032 (Nov. 27, 2015). No data regarding portable 
AC annual operating hours were provided to controvert DOE's approach in 
response to either the February 2015 NOPR or the November 2015 SNOPR.
---------------------------------------------------------------------------

    \9\ See 73 FR 74639 (Dec. 9, 2008).
---------------------------------------------------------------------------

    DOE further notes that portable ACs may be used in spaces within 
the home that typically have no alternate conditioning equipment, such 
as new additions, attics, garages, and basements. In those locations, 
DOE expects portable ACs would be used as the primary conditioning 
equipment as central cooling is not typically utilized or available. 
Due to commonality with room AC use and variability in installation 
location, which suggests portable ACs are likely used as the primary 
mode of cooling for some applications, DOE maintains its determination 
that portable AC cooling mode use is most likely to occur during the 
hottest 750 hours during the cooling season, and has used this 
determination in establishing the test conditions for portable ACs in 
this final rule.
    ASAP, ASE, and NEEA (hereinafter the ``SNOPR Joint Commenters'') 
and the California IOUs commented that with multiple test conditions, 
the proposed test procedure for portable ACs would not be comparable 
with the DOE test procedure for room ACs. These commenters suggested 
that any weight given to a different test condition (e.g., the 
83[emsp14][deg]F outdoor dry-bulb temperature) would result in 
discrepancies in rated performance that would not allow for accurate 
comparison between the two similar and competing products. They 
asserted that the portable AC metric should be comparable with the room 
AC metric in order to achieve consistency with labeling and consumer 
expectations of equipment that provides similar utility. The SNOPR 
Joint Commenters and California IOUs supported a single test condition 
that reflects energy outputs during peak times when the equipment is 
most needed, as electric utilities are shifting towards peak-demand 
pricing. This single test condition would be the same as the current 
test procedure for room ACs, with an outdoor dry-bulb temperature of 
95[emsp14][deg]F, which these commenters believe best reflects peak 
usage. Because a seasonal adjustment inherently does not reflect peak 
performance, the SNOPR Joint Commenters and the California IOUs 
asserted that it would potentially underestimate peak portable AC 
energy use. The SNOPR Joint Commenters and the California IOUs further 
claimed that it is in the best interest of consumers that portable ACs 
function as anticipated in warmer temperatures. (SNOPR Joint 
Commenters, No. 22 at p. 1; California IOUs, No. 24 at p. 2)
    In developing a test procedure for portable ACs, DOE is required, 
under 42 U.S.C. 6293(b)(3), to determine performance under common 
operating conditions to provide relevant information to the consumer 
and to measure energy efficiency during a representative period of use. 
DOE recognizes the value in measuring performance at peak operating 
conditions, as the performance of portable ACs will vary as a non-
linear function of outdoor air temperature, such that a single rating 
at one outdoor test condition to represent the expected average 
operating condition may not capture the increased energy consumption at 
peak outdoor air temperatures and, therefore, would not accurately 
predict performance over an average cycle of use. DOE therefore 
concludes that capturing the performance at the peak operating 
conditions, in light of the variability expected within the cooling 
season, is necessary. As such, DOE's test procedure as established in 
this final rule captures performance at both the peak, high-temperature 
operating condition (95[emsp14][deg]F dry-bulb and 75[emsp14][deg]F 
wet-bulb temperature test condition) and the expected average operating 
condition (83[emsp14][deg]F dry-bulb temperature and 67.5[emsp14][deg]F 
wet-bulb temperature test condition) during the cooling season, and 
with weighting factors applied to the two conditions, collectively 
represent portable AC operating conditions during the cooling season.
    As discussed in section III.C.3 of this final rule, the single CEER 
metric provides a representative measure of overall portable AC 
performance that accounts for the variability in performance during the 
cooling season. DOE did not receive comment on the proposed indoor air 
condition (evaporator inlet air); therefore, DOE is maintaining the 
indoor conditions as proposed in the November 2015 SNOPR.
    In sum, DOE establishes standard rating conditions in this final 
rule that are identical with those proposed in the November 2015 SNOPR 
and summarized in Table III.3. DOE also clarifies that for the purposes 
of the cooling mode test procedure established in this final rule, 
evaporator inlet air is considered the ``indoor air'' of the 
conditioned space and (for dual-duct portable ACs) condenser inlet air 
is

[[Page 35251]]

considered the ``outdoor air'' outside of the conditioned space. DOE 
agrees that comparative ratings between room ACs and portable ACs is 
desirable and will consider whether rating conditions representative of 
room AC usage should be adjusted when it conducts a rulemaking for its 
room AC test procedures.
b. Infiltration Air Conditions
    DOE proposed in the November 2015 SNOPR a numerical adjustment to 
the cooling capacity measured under ANSI/AHAM PAC-1-2015 using, in 
part, the heat transfer from infiltration air at the outdoor conditions 
(condenser inlet air) specified in Table III.3 for Test Configuration 
3. 80 FR 74020, 74024-74026 (Nov. 27, 2015).
    The SNOPR Joint Commenters supported using infiltration air 
conditions equivalent to the outdoor test condition. According to the 
SNOPR Joint Commenters, all infiltration air is ultimately coming from 
the outdoors, and in many cases, the bulk of the infiltration air may 
be coming directly from outdoors due to leaks through the window where 
the portable AC is installed. Although they agree that the temperature 
of infiltration air coming from sources other than the window bracket 
could be either higher or lower than the outdoor air temperature, they 
believe that portable ACs should not derive a de facto benefit by being 
rated at a lower infiltration air temperature achieved via the energy 
consumption of other air conditioning equipment. (SNOPR Joint 
Commenters, No. 22 at p. 2)
    AHAM and NAM stated that air temperature and humidity vary for 
different field installations and among different rooms within a home. 
Therefore, they do not believe there is a representative infiltration 
air condition under which to test portable ACs with considerations for 
infiltration air heat transfer. (AHAM, No. 18 at p. 3; NAM, No. 17 at 
p. 2) Nonetheless, AHAM and De' Longhi stated that, should DOE include 
provisions in the test procedure to account for infiltration air 
effects despite their objections, DOE must select a representative test 
temperature for that infiltration air. (AHAM, No. 18 at p. 1; De' 
Longhi, No. 25 at p. 1) De' Longhi suggested that DOE's analysis is 
inconsistent by considering both a national average condition (the 
83[emsp14][deg]F dry-bulb temperature) and a weighted average of the 
83[emsp14][deg]F and 95[emsp14][deg]F dry-bulb temperature conditions 
when considering a representative temperature for the infiltration air. 
(De' Longhi, No. 25 at p. 2)
    DOE agrees with AHAM and NAM that, in practice, the infiltration 
air conditions are variable depending on the specifics of installation, 
time of use, and other parameters. It is therefore necessary to 
identify testing conditions that best represent the typical range of 
parameters without being unduly burdensome to conduct. In specifying an 
appropriate test condition for the infiltration air, DOE maintains its 
assertion that infiltration air conditions are best represented by the 
outdoor air conditions. As discussed in the November 2015 SNOPR, DOE's 
research indicated that infiltration air flow rates are significant and 
represent a substantial percentage of the evaporator air flow rates for 
both single-duct and dual-duct portable ACs. These infiltration air 
flow rates are primarily due to the net negative pressure within the 
conditioned space due to portable AC operation. Additionally, certain 
units may have poor sealing in and around the window-mounting 
apparatus. The lack of sealing at the mounting point was supported by 
research conducted for room ACs within similar window installations and 
observation of portable AC installation equipment supplied by 
manufacturers. 80 FR 74020, 74025-74026 (Nov. 27, 2015). Thus, 
available information points to infiltration air predominantly entering 
the conditioned space directly from outside the window, and DOE 
maintains that assertion in specifying the infiltration-related test 
provisions for portable ACs adopted in this final rule with the 
conditions listed in Table III.3. Additionally, for the reasons 
discussed in section III.C.2.a of this final rule, DOE establishes that 
both the 83[emsp14][deg]F and 95[emsp14][deg]F dry-bulb temperatures 
and associated wet-bulb temperatures are representative outdoor 
conditions to include in the test procedure.
    DENSO commented that if the effects of infiltration air are 
considered, they should be included on an annual basis, in which case 
the infiltration will lead to net cooling during the majority of the 
year when the infiltration air will be cooler than the temperature of 
the conditioned space. (DENSO, No. 14 at p. 2) However, as noted 
previously, DENSO also stated that during the off season, the unit 
would be unplugged. (DENSO, No. 14 at p. 3)
    As discussed previously in section III.C.2 of this final rule, DOE 
expects that portable ACs operate during the hottest 750 hours of the 
cooling season based on annual operating hours determined by DOE for 
its room AC test procedure. DOE does not have information to suggest 
that the number of cooling season operating hours for portable ACs is 
significantly different than the average number of operating hours for 
room ACs, as they provide a similar consumer utility and serve similar 
applications. However, as suggested by DENSO, DOE expects that portable 
ACs would be unplugged outside of their operation during the cooling 
season. Therefore, DOE does not expect infiltration air associated with 
portable AC operation to occur outside of the cooling season.
    To further address DENSO's comment regarding infiltration air and 
portable AC operation during the year, DOE presents the following 
field-metered study for portable ACs that suggests typical portable AC 
operation occurs only during the cooling season. In research conducted 
by Burke, et al., using field-metered data for a sample of 19 single-
duct and dual-duct portable ACs (hereinafter referred to as the Burke 
Portable AC Study),\10\ an annual energy use model was developed which 
included an estimate of the percentage of time that a typical portable 
AC spends in cooling mode as a function of the outdoor temperature. The 
linear equation, based on outdoor dry-bulb temperature in [deg]F for 
residential sites, is expressed as:
---------------------------------------------------------------------------

    \10\ T. Burke, et al., ``Using Field-Metered Data to Quantify 
Annual Energy Use of Portable Air Conditioners,'' Lawrence Berkeley 
National Laboratory, Report No. LBNL-6868E-Rev (December 2014). 
Available at https://publications.lbl.gov/islandora/object/ir%3A6868E-Rev.

---------------------------------------------------------------------------
% Time in Cooling Mode = 0.005 x Outdoor Temperature - 0.2909

    Based on this equation, a portable AC would, on average, operate in 
cooling mode approximately four to five times more often when the 
outdoor temperatures are at the rating conditions of 83[emsp14][deg]F 
and 95[emsp14][deg]F (12 percent and 18 percent of the time, 
respectively) than when outdoor temperatures are 65[emsp14][deg]F or 
lower, which are conditions more likely to be experienced outside of 
the cooling season. For portable ACs installed in commercial sites, the 
percentage of time spent in cooling mode is even higher, as indicated 
by the following linear equation from the Burke Portable AC Study:

% Time in Cooling Mode = 0.0193 x Outdoor Temperature - 0.9382

    When outdoor conditions are 83[emsp14][deg]F and 95[emsp14][deg]F, 
a portable AC in a commercial location would be expected to spend 66 
percent and 90 percent of the time in cooling mode, respectively, 
versus 32 percent or less when outdoor temperatures are no more than 
65[emsp14][deg]F.
    Therefore, because portable ACs operate a significantly greater 
percentage of the time in cooling mode

[[Page 35252]]

when outdoor temperatures are those associated with the rating 
conditions, which are derived from climate data during the cooling 
season, than when outdoor temperatures are more consistent with time 
periods outside the cooling season, DOE did not consider year-round 
operation when evaluating the impacts of infiltration air on portable 
AC cooling capacity. Furthermore, due to their portability and ease of 
installation, DOE expects the majority of portable ACs are likely to be 
installed only during the cooling season rather than year-round, 
thereby avoiding the infiltration of air cooler than the conditioned 
space. For these reasons, DOE concludes that the condenser inlet air 
(outdoor) rating conditions specified for Test Configuration 3 
(Conditions A and B) are appropriate temperatures to use in applying 
the numerical adjustment to account for air infiltration effects.
c. Infiltration Air Calculations
    As discussed in section III.C.2.b of this final rule, DOE proposed 
in the November 2015 SNOPR a numerical adjustment to the cooling 
capacity measured under ANSI/AHAM PAC-1-2015 using, in part, the heat 
transfer from infiltration air at the outdoor conditions. In the 
November 2015 SNOPR, DOE proposed to calculate the sensible and latent 
heat components of infiltration air using the nominal test chamber and 
infiltration air conditions, as:

Qs = m x 60 x [(cp\da x (Tia _ Tindoor)) + (cp\wv x ([omega]ia x Tia _ 
[omega]indoor x Tindoor))]

Where:

Qs is the sensible heat added to the room by infiltration 
air, in Btu/h;
m is the dry air mass flow rate of infiltration air for a single-
duct or dual-duct unit, in pounds per minute (lb/m);
cp_da is the specific heat of dry air, 0.24 Btu per pound 
per degree Fahrenheit (Btu/lbm-[deg]F).
cp_wv is the specific heat of water vapor, 0.444 Btu/
lbm-[deg]F.
Tindoor is the indoor chamber dry-bulb temperature, 
80[emsp14][deg]F.
Tia is the infiltration air dry-bulb temperature, 
95[emsp14][deg]F.
[omega]ia is the humidity ratio of the infiltration air, 
0.0141 pounds of water per pounds of dry air (lbw/
lbda).
[omega]indoor is the humidity ratio of the indoor chamber 
air, 0.0112 lbw/lbda.
60 is the conversion factor from minutes to hours.

Ql = m x 60 x Hfg x ([omega]ia _ [omega]indoor)

Where:

Ql is the latent heat added to the room by infiltration 
air, in Btu/h.
m is the mass flow rate of infiltration air for a single-duct or 
dual-duct duct unit, in lb/m.
Hfg is the latent heat of vaporization for water vapor, 
1061 Btu/lbm.
[omega]ia is the humidity ratio of the infiltration air, 
0.0141 lbw/lbda.
[omega]indoor is the humidity ratio of the indoor chamber 
air, 0.0112 lbw/lbda.
60 is the conversion factor from minutes to hours.

    The sensible and latent heat components of infiltration air are 
added, and this sum is subtracted from the measured indoor-side cooling 
capacity to provide a representative measure of net cooling capacity 
provided to the conditioned space. DOE received no comments on the 
sensible and latent heat components of infiltration air equations using 
the nominal test chamber and infiltration air conditions, and maintains 
these equations in this final rule.
3. Seasonally Adjusted Cooling Capacity
    In the November 2015 SNOPR, DOE proposed to apply weighting factors 
of 20 percent and 80 percent to the adjusted capacities from the two 
proposed conditions of 95[emsp14][deg]F and 83[emsp14][deg]F, 
respectively. These weighting factors were developed using an 
analytical approach based upon 2012 hourly climate data from the 
National Climatic Data Center (NCDC) of the National Oceanic and 
Atmospheric Administration (NOAA), collected at weather stations in 44 
representative states, and data from the 2009 edition of the 
Residential Energy Consumption Survey (RECS),\11\ and estimating the 
percentage of portable AC operating hours that would be associated with 
each rating condition. DOE allocated the number of annual hours with 
temperatures that ranged from 80[emsp14][deg]F (the indoor test 
condition) to 89[emsp14][deg]F (a temperature mid-way between the two 
rating conditions) to the 83[emsp14][deg]F rating condition. Similarly, 
the hours in which the ambient temperature was greater than 
89[emsp14][deg]F were assigned to the 95[emsp14][deg]F rating 
condition. DOE then performed a geographical weighted averaging using 
data from RECS to determine weighting factors of 19.7 percent and 80.3 
percent, respectively, for the 95[emsp14][deg]F and 83[emsp14][deg]F 
rating conditions. DOE proposed in the November 2015 SNOPR to apply 
rounded weighting factors of 20 percent and 80 percent to the results 
of its testing at 95[emsp14][deg]F and 83[emsp14][deg]F, respectively. 
The calculation for this ``seasonally adjusted cooling capacity'' 
(SACC), based on the cooling capacities measured at each rating 
condition and adjusted for the effect of infiltration air and duct heat 
transfer (the ``adjusted cooling capacity'' (ACC)), was proposed in the 
November 2015 SNOPR according to the following equation.

    \11\ RECS data are available online at http://www.eia.gov/consumption/residential/data/2009/''www.eia.gov/consumption/residential/data/2009/.
---------------------------------------------------------------------------

SACC = (ACC95 x 0.2) + (ACC83 x 0.8)

Where:

SACC is the seasonally adjusted cooling capacity, in Btu/h.
ACC95 and ACC83 are the adjusted cooling 
capacities calculated at the 95[emsp14][deg]F and 83[emsp14][deg]F 
dry-bulb outdoor conditions, in Btu/h, respectively.
0.2 is the weighting factor for ACC95.
0.8 is the weighting factor for ACC83.

    The California IOUs stated that the proposed weighting for these 
test conditions implies that portable ACs are four times more likely to 
be used when outdoor conditions are 83 [deg]F versus 95 [deg]F, the 
reverse of what they claim is expected. The California IOUs and SNOPR 
Joint Commenters expect consumers to primarily operate portable ACs 
during the hottest times, and stated that the test procedure should 
only measure performance at 95 [deg]F without the weighting proposed in 
the November 2015 SNOPR. The California IOUs expressed concern that the 
83 [deg]F rating condition is not representative of actual use, and 
therefore objected to the 80-percent weighting of the results at that 
test condition in the calculations of SACC and CEER as proposed in the 
November 2015 SNOPR. The California IOUs urged DOE to base the portable 
AC test procedure and performance metrics on the single outdoor 
temperature of 95 [deg]F. (California IOUs, No. 24 at p. 2; SNOPR Joint 
Commenters, No. 22 at p. 1)
    AHAM and De' Longhi disagreed with DOE's approach to assign a 
temperature greater than 89 [deg]F to the 95 [deg]F rating condition. 
They noted that Table 16 of the ANSI/Air-Conditioning, Heating, and 
Refrigeration Institute (AHRI) Standard 210/240, ``Performance Rating 
of Unitary Air-Conditioning and Air-Source Heat Pump Equipment'' (ANSI/
AHRI Standard 210/240), provides the distribution of fractional hours 
within a cooling season, and shows that temperatures greater than 95 
[deg]F account for only about 2 percent of the cooling season. Because 
these data are more granular than RECS data, AHAM and De' Longhi 
suggested that DOE apply weighting factors of 98 percent to the 83 
[deg]F condition and 2 percent to the 95 [deg]F condition in the SACC 
and CEER equations, which De' Longhi noted would still correspond to a 
weighted-average temperature higher than DOE's estimated national-
average dry-bulb temperature of 83 [deg]F. (AHAM, No. 23 at pp. 3-4; 
De' Longhi, No. 25 at p. 2)
    For the reasons discussed in section III.C.2.a of this rulemaking, 
DOE has

[[Page 35253]]

concluded based on research of typical ambient temperature conditions, 
expected geographical distribution, and annual usage of portable ACs 
that the 83 [deg]F and 95 [deg]F outdoor rating conditions are 
representative rating conditions. DOE notes that the analysis presented 
in the November 2015 SNOPR utilizes RECS data to determine the 
geographical distribution of the number of hours at the two test 
conditions within the cooling season. Although ANSI/AHRI Standard 210/
240 provides a fractional distribution of hours in the cooling season, 
that single distribution is not necessarily appropriate for states in 
which RECS data suggest portable ACs are typically used. Furthermore, 
DOE believes it is appropriate to assign all hours at temperatures 
above 89 [deg]F to the 95 [deg]F test condition as the measured 
performance of the equipment varies incrementally between 83 [deg]F and 
95 [deg]F and the performance measured at the 95 [deg]F test condition 
is more representative of equipment performance for temperatures 
between 89 [deg]F and 95 [deg]F (e.g., 90 [deg]F) than the measured 
performance at the 83 [deg]F rating condition. Because the threshold 
temperature of 89 [deg]F evenly divides the temperature range that DOE 
apportions between the two rating conditions, DOE maintains that the 
weighting values proposed in the November 2015 SNOPR, based on the 
climate analysis and RECS data for geographical weighting of the 
distribution of temperature hours within the cooling season, are 
representative of the SACC during typical periods of operation. 
Therefore, DOE is adopting, in this final rule, weights of 80 percent 
and 20 percent for the ACCs determined based on the 83 [deg]F and 95 
[deg]F rating conditions, respectively, as proposed in the November 
2015 SNOPR.
4. Test Duration
    In the November 2015 SNOPR, DOE noted that ANSI/AHAM PAC-1-2015 
specifies testing in accordance with certain sections of ANSI/ASHRAE 
Standard 37-2009, but does not explicitly specify the test duration 
required when conducting portable AC active mode testing. DOE therefore 
proposed that the active mode test duration be determined in accordance 
with Section 8.7 of ANSI/ASHRAE Standard 37-2009.\12\ 80 FR 74020, 
74027 (Nov. 27, 2015).
---------------------------------------------------------------------------

    \12\ Section 8.7 of ANSI/ASHRAE Standard 37-2009 requires a 
steady-state period during which performance is consistent with the 
test tolerances specified in Table 2 of ANSI/ASHRAE Standard 37-2009 
before cooling capacity test data are recorded. Data used in 
evaluating cooling capacity is then recorded at equal intervals that 
span five minutes or less until readings over a period of one-half 
hour are within the tolerances prescribed in section 9.2 of ANSI/
ASHRAE Standard 37-2009.
---------------------------------------------------------------------------

    AHAM agreed with the proposal to aid in standardizing the test 
procedure and reducing variation in the results. In addition to Section 
8.7 of ANSI/ASHRAE Standard 37-2009, AHAM suggested including Section 
7.1.2 from ANSI/AHAM PAC-1-2015 that clarifies the test period 
adjustments necessary for portable ACs with a condensate pump. AHAM 
believes that referencing these sections will maximize accuracy, 
repeatability, and reproducibility of a DOE portable AC test procedure. 
(AHAM, No. 23 at pp. 4-5) In response to AHAM's suggestion, DOE notes 
that section 3.1.1.3 of the DOE test procedure proposed in the November 
2015 SNOPR provides direction on conducting the test for units with 
different condensate collection and removal capabilities. In that 
section, DOE prescribed specific test requirements for units tested 
with condensate pumps and stated that section 7.1.2 of ANSI/AHAM PAC-1-
2015 should be used for units tested with a condensate pump that do not 
have an auto-evaporative feature or gravity drain and for which the 
manufacturer has not specified the use of an included condensate pump 
during cooling mode operation. These test provisions are discussed in 
more detail in section III.C.8 of this final rule.
    In this final rule, DOE adopts the November 2015 SNOPR proposals 
regarding the active mode test duration period.
5. Duct Heat Transfer and Leakage
a. Duct Heat Transfer Impacts
    In the February 2015 NOPR, DOE presented its determination that 
duct heat losses and air leakage are non-negligible effects, and 
proposed to account for heat transferred from the duct surface to the 
conditioned space in the portable AC test procedure. DOE proposed that 
four equally spaced thermocouples be adhered to the side of the length 
of the condenser exhaust duct for single-duct units and the condenser 
inlet and exhaust ducts for dual-duct units. DOE proposed to determine 
the duct heat transfer for each duct from the average duct surface 
temperature as measured by the four thermocouples, a convection heat 
transfer coefficient of 4 Btu/h per square foot per [deg]F (Btu/h-
ft\2\-[deg]F), and the calculated duct surface area based on the test 
setup. 80 FR 10211, 10227 (Feb. 25, 2015).
    In the November 2015 SNOPR, DOE found that the exhaust and intake 
duct surface heat transfer impacts were sufficiently significant to 
warrant the added test burdens associated with measuring and 
incorporating duct heat transfer impacts into the overall seasonally 
adjusted cooling capacity. 80 FR 74020, 74028 (Nov. 27, 2015).
    AHAM and the SNOPR Joint Commenters agreed with DOE's proposal that 
duct heat transfer and losses need to be addressed as the duct heat 
transfer impacts are substantial and vary significantly among units. 
The SNOPR Joint Commenters supported incorporating duct heat transfer 
impacts in the test procedure to better reflect actual cooling capacity 
and efficiency of portable ACs and to encourage manufacturers to reduce 
duct heat transfer. (AHAM, No. 23 at p. 5; SNOPR Joint Commenters, No. 
22 at p. 6)
    In this final rule, DOE adopts the proposal in the November 2015 
SNOPR and establishes that the duct heat transfer impacts be measured 
and incorporated into the overall SACC.
b. Convection Coefficient
    In the November 2015 SNOPR, DOE maintained the overall heat 
transfer convection coefficient of 4 Btu/h-ft\2\-[deg]F for calculating 
duct heat losses originally proposed in the February 2015 NOPR. DOE 
explained that the 2013 ASHRAE Handbook--Fundamentals \13\ (hereinafter 
the ASHRAE Handbook) provides typical convection coefficient values for 
various types of assemblies in buildings. The proposed convection 
coefficient of 4 Btu/h-ft\2\-[deg]F was based on typical free 
convection coefficients, ranging from 0.22 to 1.63 Btu/h-ft\2\-[deg]F, 
and typical forced convection coefficients, between 4.00 and 6.00 Btu/
h-ft\2\-[deg]F, depending upon the air speed. DOE determined that the 
air speeds discussed in the ASHRAE Handbook would be similar to the air 
speeds over the portable AC duct(s) due to air circulation within the 
conditioned space.
---------------------------------------------------------------------------

    \13\ ASHRAE Handbook--Fundamentals. American Society of Heating, 
Refrigerating, and Air-Conditioning Engineers, Atlanta, GA. 2013.
---------------------------------------------------------------------------

    In support of the November 2015 SNOPR, DOE re-examined the data it 
obtained from testing a sample of four single-duct and two dual-duct 
portable ACs for the May 2014 NODA to determine the duct heat transfer 
convection coefficient for each unit. The calculated heat transfer 
convection coefficients based on DOE's testing ranged from 1.70 Btu/h-
ft\2\-[deg]F to a high of 5.26 Btu/h-ft\2\-[deg]F, with an average of 
3.13 Btu/h-ft\2\-[deg]F. In the November 2015 SNOPR, DOE noted that, 
although the average heat transfer coefficient calculated from DOE's 
test results was

[[Page 35254]]

slightly lower than the value proposed in the February 2015 NOPR, the 
proposed value of 4 Btu/h-ft\2\-[deg]F was within the range of values 
measured during DOE's testing and was appropriate based on the lower 
end of the range of typical convection coefficients in the ASHRAE 
Handbook. In the November 2015 SNOPR, DOE also noted the significant 
variation in individual results due to different duct types, 
installation configurations, forced convection air flow patterns, and 
other factors; therefore, it is possible that DOE's test results do not 
represent the full range of possible heat loss coefficient values. DOE 
believed that the measured duct losses reported in the November 2015 
SNOPR confirmed that the original value proposed in the February 2015 
NOPR was sufficiently representative of typical duct losses and 
proposed to maintain the original duct heat transfer proposal from the 
February 2015 NOPR, including the convection heat transfer coefficient 
of 4 Btu/h-ft\2\-[deg]F. 80 FR 74020, 74029 (Nov. 27, 2015).
    AHAM and De' Longhi stated that the average measured convection 
heat transfer coefficient in Table III.4 of the November 2015 SNOPR was 
3.13 Btu/h-ft\2\-[deg]F, which according to AHAM was based on values of 
the heat transfer coefficient ranging from a low of 2.11 Btu/h-ft\2\-
[deg]F to a high of 4.10 Btu/h-ft\2\-[deg]F. AHAM asserted that the 
test data did not validate the value proposed in the February 2015 NOPR 
and therefore, AHAM suggested that, unless additional data supported a 
different value for the heat transfer coefficient, DOE adopt a rounded 
average value of 3 Btu/h-ft\2\-[deg]F. De' Longhi similarly recommended 
that DOE use a value of 3 Btu/h-ft\2\-[deg]F for the duct convection 
heat transfer coefficient. (AHAM, No. 23 at p. 5; De' Longhi, No. 25 at 
p. 2)
    DOE notes that the value for the convection heat transfer 
coefficient proposed in the November 2015 SNOPR was based on standard 
industry handbook values under reasonably representative air flow 
conditions and was generally confirmed based on consideration of test 
data from DOE's sample of portable ACs. However, following additional 
consideration, DOE recognizes that the typical industry handbook 
convection coefficient values may not represent the variation of test 
conditions and range of convection coefficients applicable to portable 
AC ducts. As noted above, for both single-duct and dual-duct portable 
ACs in DOE's test sample, the duct heat transfer coefficients ranged 
from 1.70 to 5.26 Btu/h-ft\2\-[deg]F, as listed in Table III.4 of the 
November 2015 SNOPR, with an average value of approximately 3.1 Btu/h-
ft\2\-[deg]F. 80 FR 74020, 74029 (Nov. 27, 2015).
    After considering the AHAM and De' Longhi comments and reviewing 
the test data presented in the November 2015 SNOPR, DOE has concluded 
that its test data provide the best indication of the appropriate 
convection heat transfer coefficient for portable AC ducts. Therefore, 
DOE concludes that the most representative value of the convection heat 
transfer coefficient would be a rounded average of its measured values, 
and in this final rule establishes the convection heat transfer 
coefficient as 3 Btu/h-ft\2\-[deg]F.
c. Duct Surface Area Measurements
    In the February 2015 NOPR, DOE proposed that the duct surface area 
be calculated using the outer duct diameter and extended length of the 
duct while under test. 80 FR 10211, 10227 (Feb. 25, 2015). In response 
to comments suggesting that the ducts have corrugated surfaces and 
there is likely a high uncertainty in measuring the duct surface area, 
DOE reassessed the duct surface area calculations and concluded in the 
November 2015 SNOPR that any uncertainty or variability in duct surface 
area measurements would not have a significant impact on test 
repeatability and reproducibility and maintained the surface area 
measurement as proposed in the February 2015 NOPR. 80 FR 74020, 74029 
(Nov. 27, 2015).
    DOE received no comments regarding uncertainty of duct surface area 
measurements in response to the November 2015 SNOPR proposals, and 
therefore maintains and establishes in this final rule that the duct 
surface area be calculated using the measured outer duct diameter and 
extended length of the duct while under test. However, DOE clarifies in 
the calculation of the duct surface area that the outer diameter of the 
duct includes any manufacturer-supplied insulation. See section III.C.7 
of this final rule for further discussion regarding setup and 
installations instructions for such insulation.
6. Case Heat Transfer
    In the February 2015 NOPR, DOE proposed that case heat transfer be 
determined using a method similar to the approach proposed for duct 
heat transfer. DOE proposed that the surface area and average 
temperature of each side of the case be measured to determine the 
overall heat transferred from the portable AC case to the conditioned 
space, which would be used to adjust the cooling capacity and 
efficiency. DOE noted that the case heat transfer methodology would 
impose additional test burden, but determined that the burdens were 
likely outweighed by the benefit of addressing the heat transfer 
effects of all internal heating components. 80 FR 10211, 10227-10229 
(Feb. 25, 2015).
    In the November 2015 SNOPR, DOE investigated the effects of case 
heat transfer as a percentage of the overall cooling capacity and 
determined, based on test data, that the case heat transfer was, on 
average, 1.76 percent of the AHAM PAC-1-2009 cooling capacity, with a 
maximum of 6.53 percent. Because the total case heat transfer impact 
was, on average, less than 2 percent of the cooling capacity without 
adjustments for infiltration air and heat transfer effects, DOE 
determined it had minimal impact on the cooling capacity and therefore 
proposed to remove the provisions for determining case heat transfer 
from the portable AC test procedure proposed in the February 2015 NOPR. 
80 FR 74020, 74030 (Nov. 27, 2015).
    AHAM supported DOE's proposal to remove consideration of case heat 
transfer from the test procedure due to the minimal impact on cooling 
capacity. (AHAM, No. 23 at p. 5)
    The SNOPR Joint Commenters noted that despite the relatively low 
average impact of case heat transfer on the AHAM PAC-1-2009 cooling 
capacity, the impact ranged from 0 percent to 6.5 percent. The SNOPR 
Joint Commenters also noted that the ``Modified AHAM'' cooling capacity 
reported in the February 2015 NOPR, which accounted for air 
infiltration, case, and duct heat transfer, is significantly lower than 
the AHAM PAC-1-2009 cooling capacity. Therefore, the impact of case 
heat transfer as a percentage of adjusted cooling capacity as measured 
by the DOE test procedure proposed in the February 2015 NOPR, which 
accounts for air infiltration and other heat transfer effects, would be 
larger than the impact as a percentage of the AHAM PAC-1-2009 cooling 
capacity. Accordingly, the SNOPR Joint Commenters urged DOE to retain 
the measurement of case heat transfer in the portable AC test 
procedure. (SNOPR Joint Commenters, No. 22 at pp. 2-3) DOE notes that 
the ``Modified AHAM'' values presented in the February 2015 NOPR are 
only reflective of performance and infiltration air at the 
95[emsp14][deg]F test condition. DOE subsequently conducted additional 
analysis to determine the overall impact of case heat transfer on the 
SACC as determined based on the two test conditions proposed in the 
November 2015 SNOPR and adopted in this final rule (see section III.C.2 
of this final rule). DOE found that the overall impact of case heat 
transfer on the

[[Page 35255]]

SACC, which includes adjustments for infiltration air and duct heat 
transfer at the two test conditions, ranged from 0 percent to 9.1 
percent with an average impact of 2.12 percent. DOE maintains, 
therefore, that the case heat transfer typically would have a minimal 
impact on SACC, and that any slight improvement in the accuracy of the 
SACC metric by including it would not warrant the added burden 
associated with the case heat transfer measurements. DOE also observed 
that the range of case heat transfer impacts varied despite products in 
the test sample including similar amounts of case insulation and 
similar case designs. DOE expects that thermocouple placement in 
relation to internal components (e.g., compressor and condenser 
placement) may introduce variability in the case heat transfer results. 
For these reasons, DOE is not including a measurement of case heat 
transfer in the portable AC test procedure established in this final 
rule.
    The California IOUs opposed elimination of the case heat transfer 
measurement because they believe manufacturers may produce leakier, 
less-insulated cases in order to reduce the duct heat transfer, which 
is measured in the test procedure and impacts performance. They urged 
DOE to require measurement of the case surface temperature in the 
portable AC test procedure to incentivize manufacturers to design units 
with better-insulated cases. The California IOUS further noted that the 
heating effects of the case and duct are inter-dependent. (California 
IOUs, No. 24 at p. 4) DOE recognizes that case and duct heat transfer 
are related and that manufacturers are able to make design tradeoffs 
between duct heat transfer and localized heat transfer through the 
case. However, DOE notes that the units in DOE's test sample had 
similar case insulation, and does not expect manufacturers to 
significantly adjust construction of their products because greater 
leakage and reduced insulation would also increase noise and case 
surface temperatures, potentially reducing customer satisfaction.
7. Test Setup and Unit Placement
    In the February 2015 NOPR, DOE proposed that for all portable AC 
configurations, there must be no less than 6 feet between the 
evaporator inlet and any chamber wall surface, and for single-duct 
units, there must be no less than 6 feet between the condenser inlet 
surface and any other wall surface. Additionally, DOE proposed that 
there be no less than 3 feet between the other surfaces of the portable 
AC with no air inlet or exhaust (other than the bottom of the unit) and 
any wall surfaces. 80 FR 10211, 10229-10230 (Feb. 25, 2015). In the 
November 2015 SNOPR, DOE modified that proposal, and further clarified 
that there shall be no less than 3 feet between any test chamber wall 
and any surface on the portable AC (other than the bottom surface), 
except the surface or surfaces that have a duct attachment, as 
prescribed by the ANSI/AHAM PAC-1-2015 test setup requirements. 80 FR 
74020, 74030 (Nov. 27, 2015).
    AHAM agreed with DOE's proposal that the test unit and all ducting 
components, as supplied by the manufacturer, be set up and installed in 
accordance with manufacturer instructions. AHAM stated, however, that 
certain sections of ANSI/AHAM PAC-1-2015 include appropriate 
requirements for unit placement in the test chamber and suggested that 
DOE change the unit placement requirements to reference the setup 
requirements in ANSI/AHAM PAC-1-2015. (AHAM, No. 23 at p. 6; AHAM, No. 
18 at pp. 5-6) As discussed in the February 2015 NOPR and the November 
2015 SNOPR, although Section 7.3.7, ``Condenser (heat rejection) 
arrangement,'' of ANSI/AHAM PAC-1-2015 includes test unit placement 
instructions in reference to the surface of the portable AC that 
includes the duct attachments, by means of specifying the distance from 
the test unit to the test chamber partition wall, it does not provide 
placement instructions in relation to the other surfaces of the test 
unit. Therefore, in this final rule, DOE maintains the proposals from 
the November 2015 SNOPR that the test unit placement be such that there 
is no less than 3 feet between any test chamber wall and any surface on 
the portable AC (other than the bottom surface), except that placement 
of the surface or surfaces that have a duct attachment shall be as 
prescribed by Section 7.3.7 of ANSI/AHAM PAC-1-2015. DOE notes that 
this specification is consistent with the requirements of ANSI/AHAM 
PAC-1-2015 and serves only to add specificity to the placement of the 
unit with respect to the other surfaces that do not have a duct 
attachment, which is not specified by ANSI/AHAM PAC-1-2015.
    AHAM commented that DOE's duct setup and duct temperature 
measurement instructions do not account for any sealing or insulation 
materials that may be provided by the manufacturer. Therefore, AHAM 
suggested language to add in the installation instructions proposed in 
the November 2015 SNOPR that would address sealing and insulation 
materials in the duct setup and duct temperature measurement 
instructions. DOE's proposed duct setup and temperature measurement 
requirements presented in the November 2015 SNOPR with AHAM's suggested 
additions to the proposed text, denoted in bold text, are:
    3.1.1.1 Duct Setup. Use ducting components provided by the 
manufacturer, including, where provided by the manufacturer, sealing, 
insulation, ducts, connectors for attaching the duct(s) to the test 
unit, and window mounting fixtures. Do not apply additional sealing or 
insulation.
    3.1.1.6 Duct temperature measurements. Measure the surface 
temperatures of each duct using four equally spaced thermocouples per 
duct, adhered to the outer surface of the entire length of the duct. 
Temperature measurements must have an error no greater than 0.5 [deg]F over the range being measured. Insulation and sealing 
provided by the manufacturer must be installed prior to measurement. 
(AHAM, No. 23 at p. 6)
    De' Longhi suggested similar modifications to the installation 
instructions proposed in the November 2015 SNOPR to address 
manufacturer-provided sealing and insulation materials in the duct 
setup and duct temperature measurement instructions. (De' Longhi, No. 
25 at p. 2)
    DOE agrees that any duct insulation or mounting sealant provided by 
the manufacturer should be installed according to manufacturer 
instructions, and that duct temperature measurements should be made 
with any such insulation or sealant in place. However, DOE believes it 
is necessary to clarify in the specification of duct temperature 
measurements that the measurements should occur on the outer surface of 
the entire duct, which would be the outer surface of the insulation, if 
provided by the manufacturer. DOE therefore establishes the following 
modified duct setup and duct temperature measurement instructions in 
this final rule, clarifying AHAM's and De' Longhi's suggested language 
for the duct temperature measurements.
    3.1.1.1 Duct Setup. Use ducting components provided by the 
manufacturer, including, where provided by the manufacturer, ducts, 
connectors for attaching the duct(s) to the test unit, sealing, 
insulation, and window mounting fixtures. Do not apply additional 
sealing or insulation.
    3.1.1.6 Duct temperature measurements. Install any insulation and 
sealing provided by the manufacturer. Then adhere four equally spaced 
thermocouples per duct to the

[[Page 35256]]

outer surface of the entire length of the duct. Measure the surface 
temperatures of each duct. Temperature measurements must have an error 
no greater than 0.5 [deg]F over the range being measured.
8. Condensate Collection
    In the February 2015 NOPR, DOE proposed that portable ACs 
undergoing cooling mode testing would be configured in accordance with 
manufacturer installation and setup instructions unless otherwise 
specified in the DOE test procedure. In addition, DOE proposed that, 
where available and as instructed by the manufacturer, the auto-
evaporation feature would be utilized for condensate removal during 
cooling mode testing. DOE proposed that, if no auto-evaporative feature 
is available, the gravity drain would be used. DOE further proposed 
that, if no auto-evaporative feature or gravity drain is available, and 
a condensate pump is included, or if the manufacturer specifies the use 
of an included condensate pump during cooling mode operation, then the 
portable AC would be tested with the condensate pump enabled. For these 
units, DOE also proposed to require the use of Section 7.1.2 of AHAM 
PAC-1-2014 if the pump cycles on and off. 80 FR 10211, 10229 (Feb. 25, 
2015).
    AHAM agreed that, for portable ACs both with and without means for 
auto-evaporation to remove the collected condensate, an internal pump 
to collect condensate should be used only if it is specified by the 
manufacturer for use during typical cooling operation. (AHAM, No. 18 at 
p. 6) DENSO agreed that the test procedure should specify the form of 
condensate disposal recommended by the manufacturer. (DENSO, No. 14 at 
p. 2) Therefore, DOE adopts in this final rule the test setup 
instructions relating directly to condensate collection proposed in the 
February 2015 NOPR.
9. Control Settings
    In the February 2015 NOPR, DOE proposed that when conducting the 
cooling mode and heating mode tests (the latter of which was removed 
from consideration in the November 2015 SNOPR), the fan be set at the 
maximum speed if the fan speed is user adjustable and the temperature 
controls be set to the lowest or highest available values, 
respectively. These control settings represent the settings a consumer 
would select to achieve the primary function of the portable AC, which 
is to cool or heat the desired space as quickly as possible and then to 
maintain these conditions. 80 FR 10211, 10229 (Feb. 25, 2015).
    AHAM and DENSO agreed with DOE's proposed control settings for fan 
speed and cooling and heating mode temperature controls. (AHAM, No. 18 
at p. 6; DENSO, No. 14 at pp. 2-3) DOE maintains the February 2015 NOPR 
proposal in this final rule to set the fan speed to the maximum speed 
and the thermostat to the lowest setting during cooling mode testing. 
As noted earlier in this section and discussed in more detail in 
section III.D of this final rule, in the November 2015 SNOPR, DOE 
removed heating mode testing from its proposal; and, therefore, the 
February 2015 NOPR proposal regarding configuration of controls during 
heating mode is no longer relevant.
    In the February 2015 NOPR, DOE proposed that all portable AC 
testing be conducted with any louver oscillation feature disabled and 
the louvers fully open and positioned parallel to the air flow to 
provide maximum air flow and capacity. If the louvers oscillate by 
default with no option to disable the feature, testing would proceed 
with the louver oscillation enabled, without altering the unit 
construction or programming. 80 FR 10211, 10229 (Feb. 25, 2015).
    AHAM and DENSO agreed with DOE's proposed clarification that all 
portable AC performance testing be conducted with the maximum louver 
opening and, where applicable, with the louver oscillation feature 
disabled throughout testing. (AHAM, No. 18 at p. 6; DENSO, No. 14 at 
pp. 2-3) DOE adopts in this final rule the proposals in the February 
2015 NOPR regarding the louver positioning and oscillating feature 
settings.
10. Electrical Supply
    In the February 2015 NOPR, DOE proposed that for active mode 
testing, the input standard voltage be maintained at 115 V 1 percent and that the electrical supply be set to the nameplate 
listed rated frequency, maintained within 1 percent. 80 FR 
10211, 10230 (Feb. 25, 2015).
    AHAM supported DOE's proposed input voltage and frequency standard. 
(AHAM, No. 18 at p. 7) DOE adopts in this final rule the February 2015 
NOPR proposals regarding the input standard voltage and frequency 
settings.
11. Power Factor
    The California IOUs recommended that DOE require testing and 
reporting of portable AC power factor \14\ under the proposed test 
procedure, as this would allow DOE to better assess minimum power 
factor requirements and related consumer benefits in a future 
rulemaking. The California IOUs believe that improving power factor may 
yield significant societal benefits through cost savings for electric 
utility customers, improved grid efficiency, and reduced greenhouse 
gases. The California IOUs noted that the CEC currently requires 
reporting of power factor for a variety of appliances including 
fluorescent lamp ballasts, residential portable light-emitting diode 
(LED) luminaires, televisions, and large battery charger systems, and 
specifies minimum power factor requirements for portable LED luminaires 
and large battery charger systems. (California IOUs, Standards 
Preliminary Analysis, No. 15 at p. 4; California IOUs, No. 20 at pt. 2)
---------------------------------------------------------------------------

    \14\ The power factor of an alternating current 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 increase the amount of energy lost 
in the electricity distribution system.
---------------------------------------------------------------------------

    Based on limited power factor data on four test units, DOE observed 
average power factors of 0.978, 0.971, 0.987, and 0.95 with all cooling 
mode components operating. Because the power factors are consistently 
near 1, DOE's information suggests there is no significant difference 
between the power drawn by a portable AC and the apparent power 
supplied to the unit. DOE expects that the metrics established in this 
final rule accurately reflect the energy consumption of portable ACs, 
and that the burdens of measuring and reporting power factor would 
outweigh any potential benefits of this information. Therefore, DOE is 
not establishing requirements for measuring and reporting power factor 
in this final rule.
12. Test Condition Tolerances
    In the February 2015 NOPR, DOE proposed a more stringent tolerance 
for the evaporator inlet dry-bulb temperature when testing single-duct 
portable ACs compared to the tolerance specified for dry-bulb 
temperature in Table 2b of ANSI/ASHRAE Standard 37-2009. The proposed 
tolerance is consistent with the evaporator inlet wet-bulb temperature 
tolerance; i.e., individual values must remain within a range of 
1.0[emsp14][deg]F, with the average of all measured values within 
0.3[emsp14][deg]F of the nominal value. Specifically, DOE proposed that 
the condenser inlet dry-bulb temperature would be maintained within the 
test tolerance as specified in Table 2b of ANSI/ASHRAE Standard 37-
2009. This tolerance modification ensured that all test laboratories 
first maintain the evaporator inlet test

[[Page 35257]]

conditions and then ensure that condenser inlet conditions satisfy the 
tolerance requirements. 80 FR 10211, 10226 (Feb. 25, 2015).
    AHAM agreed with DOE's proposed tolerance for the evaporator inlet 
dry-bulb within a range of 1.0[emsp14][deg]F with an average difference 
of 0.3[emsp14][deg]F. (AHAM, No. 18 at p. 5) Therefore, in this final 
rule, DOE adopts this tolerance specification in appendix CC.

D. Heating Mode

    In the February 2015 NOPR, DOE proposed a definition for heating 
mode and proposed a heating mode test procedure that was based on AHAM 
PAC-1-2014 with comparable adjustments as were considered for cooling 
mode, except at lower temperature ambient conditions. 80 FR 10211, 
10230-10231 (Feb. 25, 2015). DOE received comments in response to the 
February 2015 NOPR proposals, and, based on those comments, in the 
November 2015 SNOPR, DOE removed the heating mode test provisions from 
the proposed DOE portable AC test procedure, including the definition 
of heating mode and calculations for heating mode-specific and total 
combined energy efficiency ratio. DOE concluded that the combined 
energy efficiency ratio, CEER, which represents energy efficiency in 
cooling mode, off-cycle mode, standby mode, and off mode, would capture 
representative performance of portable ACs because they are primarily 
used as cooling products. 80 FR 74020, 74031 (Nov. 27, 2015).
    AHAM supported DOE's proposal to remove the heating mode metric 
from the test procedure, as it is consistent with AHAM's position that 
heating is not the main consumer utility and that there is no adequate 
data on consumer usage to demonstrate a benefit that would justify the 
burden of testing in this mode. (AHAM, No. 23 at pp. 5-6)
    The California IOUs commented that heating mode is a significant 
operating mode for portable ACs and should be included in the test 
procedure in order to accurately reflect the actual usage of the 
equipment. The California IOUs noted that heating mode may work in 
conjunction with cooling mode, as seen in products with an ``auto 
mode'' that automatically selects heating or cooling mode using a 
thermostat to maintain the set temperature. They further noted that 
DOE's annual operating hour estimates for heating mode suggested that 
the heating season is longer than the cooling season and would 
therefore provide more opportunity for heating mode operation. The 
California IOUs concluded that cooling and heating functions are both 
primary modes, unlike dehumidification mode and others omitted from the 
test procedure. The California IOUs believe that including heating mode 
testing would not disproportionately increase test burden. The 
California IOUs proposed that DOE define a separate efficiency ratio, 
CEERHM, similar to the cooling mode metric proposed in the 
February 2015 NOPR, CEERCM, and that units with a heating 
mode would then be rated with a separate metric for heating capacity. 
The California IOUs believe that this would mitigate potential 
confusion with a blended metric and consumers would be effectively 
informed of independent performance in cooling and heating modes. 
(California IOUs, No. 24 at p. 3)
    DOE notes that although some portable ACs offer an ``auto mode'' 
that allows for both cooling and heating mode operation depending upon 
the ambient temperature, available data suggest that portable ACs are 
not used for heating purposes for a substantial amount of time. In the 
Burke Portable AC Study, the 19 metered test units were determined to 
operate solely in cooling mode, fan mode, or off/standby mode, even for 
an example test site where monthly average outdoor temperatures ranged 
from 59.8[emsp14][deg]F to 71.5[emsp14][deg]F. Input from manufacturers 
during confidential interviews confirmed the conclusion that any 
heating function for portable ACs is infrequently used, and no further 
substantiation was provided by the California IOUs to support their 
assertion that heating mode is a significant operating mode. DOE 
concludes that doubling the active mode testing time and 
correspondingly increasing test burden is not justified. Therefore, DOE 
maintains the November 2015 SNOPR proposal and does not establish a 
heating mode test or efficiency metric in this final rule. As stated in 
the November 2015 SNOPR, DOE will continue to evaluate the need for a 
representative heating mode test procedure for portable ACs and may 
consider including a test for heating mode in a future test procedure 
rulemaking.

E. Air Circulation Mode

    In the February 2015 NOPR, DOE proposed to not measure energy 
consumption in, or allocate annual operating hours to, air circulation 
mode due to lack of usage information for this consumer-initiated air 
circulation feature. 80 FR 10211, 10216, 10236 (Feb. 25, 2015).
    AHAM and DENSO agreed with DOE's proposal to not include a 
measurement for air circulation mode. (AHAM, Public Meeting Transcript, 
No. 13 at p. 64; DENSO, No. 14 at p. 3)
    DOE adopts in this final rule the February 2015 NOPR proposals to 
not measure or allocate annual operating hours to air circulation mode.

F. Off-Cycle Mode

    In the February 2015 NOPR, DOE proposed a definition for off-cycle 
mode and further proposed that off-cycle mode energy use be measured 
according to a test beginning 5 minutes after the completion of the 
cooling mode test and ending after a period of 2 hours. DOE also 
proposed that the electrical supply be the same as specified for 
cooling mode (see section III.C.10 of this final rule) and that this 
measurement be made using the same power meter specified for standby 
mode and off mode. DOE further proposed that for units with adjustable 
fan speed settings, the fan remain set at the maximum speed during off-
cycle mode testing. 80 FR 10211, 10232 (Feb. 25, 2015).
    AHAM opposed the proposed measurement of off-cycle mode energy use, 
suggesting that DOE did not provide sufficient portable AC-specific 
usage data to support the inclusion of off-cycle mode and estimate the 
burden associated with testing. Specifically, AHAM expressed concern 
that DOE based the proposed definition and testing provisions for 
portable ACs on a recent dehumidifier test procedure rulemaking because 
the two products do not have the same consumer usage. AHAM suggested 
that portable ACs have fewer standby operating hours than dehumidifiers 
and that off-cycle mode will contribute a negligible amount of energy 
use. (AHAM, No. 18 at p. 8)
    Because portable ACs have a similar off-cycle mode to 
dehumidifiers, DOE used the dehumidifier test procedure as a starting 
point for the development of the portable AC definitions and test 
procedure. DOE notes that for dehumidifiers and portable ACs, off-cycle 
mode is a mode automatically entered when the dehumidifier humidity 
setpoint or portable AC temperature setpoint is reached. Therefore, 
although the consumer usage of these products affects the time spent in 
off-cycle mode by means of the humidity or temperature setpoint 
selection, off-cycle mode hours are also a function of the unit 
capacity, room size, and ambient heat or humidity load. Therefore, 
there is no basis for concluding that the dehumidifier provisions for 
testing off-cycle mode are any less applicable to portable ACs than 
they are for dehumidifiers. Further,

[[Page 35258]]

because off-cycle mode is performed immediately following active mode, 
there are no necessary test setup adjustments and the only burden 
associated with off-cycle mode is test time, during which no technician 
input is necessary. Therefore, DOE believes the incremental test burden 
associated with testing off-cycle mode energy consumption is low. DOE 
discusses the burden associated with the adopted portable AC test 
procedure in detail in section IV.B of this final rule.
    DENSO noted that other similar products, such as room ACs, 
generally operate the fans only when the compressor operates, possibly 
with a short delay-off at the end of the compressor cycle. In addition, 
DENSO commented that it does not believe that the fan would be 
operating at the maximum speed unless the compressor is running. DENSO 
commented, therefore, that off-cycle mode testing should be conducted 
under representative operating conditions, and that the fan control 
setting should be in accordance with manufacturer's instructions. 
(DENSO, No. 14 at p. 3)
    In development of the portable AC test procedure, DOE reviewed 
other test procedures for similar products. With respect to DENSO's 
comment, DOE recognizes that there may be benefits associated with 
running the fan for a short period of time following a compressor 
cycle, such as for defrosting and drying coils and providing additional 
cooling to the room, and therefore maintains the provisions in this 
final rule which specify that the off-cycle mode test procedure begin 5 
minutes following the end of a compressor on cycle. Because consumers 
are unlikely to readjust control settings, including fan speed, between 
cooling mode and off-cycle mode and manufacturers may automatically 
adjust fan speed during off-cycle mode regardless of the user control 
settings, DOE is specifying that no control settings other than 
temperature setpoint are to be manually changed between cooling mode 
testing and the subsequent off-cycle mode testing in the appendix CC 
established in this final rule.

G. Standby Mode and Off Mode

1. Mode Definitions
    In the February 2015 NOPR, DOE proposed definitions for standby 
mode and off mode, as well as methods to measure standby mode and off 
mode energy consumption for portable ACs. DOE also proposed to consider 
the power consumption in inactive mode, defined as a standby mode, as 
representative of delay-start mode and to include the operating hours 
for delay-start mode in the estimate for inactive mode operating hours 
for the purposes of calculating a combined metric. Further detail on 
each of these modes and the proposal to include the delay-start mode 
hours in the estimate for inactive mode operating hours can be found in 
the February 2015 NOPR. 80 FR 10211, 10233 (Feb. 25, 2015).
    AHAM agreed with DOE's proposed definitions of standby mode and 
also agreed with DOE's proposal to incorporate delay start into 
inactive mode. (AHAM, No. 18 at p. 9)
    In this final rule, DOE establishes in appendix CC the standby 
mode, inactive mode, and off mode definitions proposed in the February 
2015 NOPR, and also maintains the determination that the power 
consumption in inactive mode is representative of delay-start mode and 
thus does not require measurement of delay-start mode power 
consumption.
2. Determination of Standby Mode and Off Mode Power Consumption
    In the February 2015 NOPR, DOE proposed to specify testing and 
conditions for measuring standby mode and off power consumption 
according to International Electrotechnical Commission (IEC) Standard 
62301, ``Household electrical appliances--Measurement of standby 
power,'' Publication 62301, Edition 2.0 (2011-01) (hereinafter referred 
to as ``IEC Standard 62301'') in accordance with EPCA. DOE proposed 
that the power consumption in inactive mode be measured, and that the 
annual hours assigned to that power measurement would be the sum of 
annual hours for inactive mode and bucket-full mode,\15\ based on a 
determination of commonality in power consumption in inactive and 
bucket-full modes. DOE additionally proposed that the test room ambient 
air temperatures for standby mode and off mode testing would be 
specified in accordance with IEC Standard 62301. 80 FR 10211, 10233-
10234 (Feb. 25, 2015).
---------------------------------------------------------------------------

    \15\ In the February 2015 NOPR, DOE described bucket-full mode 
as a standby mode in which the condensate level in the internal 
collection container reaches a manufacturer-specified threshold or 
the collection container is removed; any cooling, heating, or air-
circulation functions are disabled; and an indication is provided to 
the consumer that the container is full.
---------------------------------------------------------------------------

    AHAM agreed with each of these proposals. (AHAM, No. 18 at p. 9) In 
this final rule, DOE establishes the February 2015 NOPR proposals 
regarding the determination of standby mode and off mode power 
consumption, the test room ambient temperature during testing, and the 
assignment of power consumption and operating hours for inactive mode 
and bucket-full mode.

H. Energy Efficiency Metrics

1. Annual Operating Mode Hours
    As initially presented in the February 2015 NOPR, DOE developed 
estimates of portable AC annual operating mode hours for cooling mode, 
heating mode, off-cycle mode, and inactive or off mode. In the November 
2015 SNOPR, DOE removed consideration of heating mode and updated the 
proposed annual operating hours for the remaining modes based on the 
``Cooling Only'' scenario presented in the February 2015 NOPR as 
follows in Table III.4:

       Table III.4--SNOPR Proposed Annual Operating Hours by Mode
------------------------------------------------------------------------
                                                             Operating
                          Modes                                hours
------------------------------------------------------------------------
Cooling Mode............................................             750
Off-Cycle Mode..........................................             880
Inactive or Off Mode....................................           1,355
------------------------------------------------------------------------

    More information on the development of these annual hours for each 
operating mode can be found in the February 2015 NOPR. 80 FR 10211, 
10235-10237 (Feb. 25, 2015).
    AHAM opposed DOE's reliance on room AC data to determine annual 
operating hours for portable ACs. According to AHAM, although portable 
ACs and room ACs are similar, they have inherent differences in 
installation and use patterns. AHAM urged DOE to obtain portable AC-
specific consumer usage data to demonstrate that portable AC and room 
AC use are comparable to validate the annual operating hour proposals. 
(AHAM, No. 23 at pp. 6-7)
    In response to AHAM's concern regarding the lack of portable AC-
specific data, DOE notes that the utility of portable ACs and room ACs 
are similar, in that they serve similar applications and are similar in 
technologies, cost, and functionality. Therefore, DOE believes that it 
is reasonable to assume that usage patterns of portable ACs and room 
ACs will also be similar. DOE requested data and information regarding 
consumer usage of portable ACs in both the February 2015 NOPR and the 
November 2015 SNOPR. DOE notes that no additional information or data 
were provided by AHAM or any other party regarding portable AC usage 
patterns. Therefore, in the absence of additional consumer usage data 
from any available sources, DOE continues to utilize the most

[[Page 35259]]

relevant consumer use data available for portable ACs and establishes 
in appendix CC the annual operating mode hours in Table III.4.
2. CEER Calculation
    In the November 2015 SNOPR, DOE proposed to revise the CEER metric 
calculation that was proposed in the February 2015 NOPR to reflect the 
elimination of heating mode and the addition of a second set of testing 
conditions for dual-duct units. DOE proposed that the updated CEER 
calculation, which would use the same weighting factors as were 
developed for SACC, would be determined as:
[GRAPHIC] [TIFF OMITTED] TR01JN16.000


Where:

    CEERSD and CEERDD are the combined energy 
efficiency ratios for single-duct and dual duct units, respectively, 
in British thermal units per watt-hour (Btu/Wh).
    ACC95 and ACC83 are the adjusted cooling 
capacities at the 95[emsp14][deg]F and 83[emsp14][deg]F dry-bulb 
outdoor conditions, respectively, in Btu/h.
    AECSD is the annual energy consumption in cooling 
mode for single-duct units, in kWh/year.
    AEC95 is the annual energy consumption in cooling 
mode for dual-duct units, assuming all cooling mode hours would be 
at the 95[emsp14][deg]F dry-bulb outdoor conditions, in kWh/year.
    AEC83 is the annual energy consumption in cooling 
mode for dual-duct units, assuming all cooling mode hours would be 
at the 83[emsp14][deg]F dry-bulb outdoor conditions, in kWh/year.
    AECT is the total annual energy consumption 
attributed to all modes except cooling, in kWh/year.
    t is the number of cooling mode hours per year, 750.
    k is 0.001 kWh/Wh conversion factor for watt-hours to kilowatt-
hours.
    0.2 is the weighting factor for the 95[emsp14][deg]F dry-bulb 
outdoor condition test.
    0.8 is the weighting factor for the 83[emsp14][deg]F dry-bulb 
outdoor condition test.

80 FR 74020, 74032 (Nov. 27, 2015).

    The California IOUs supported the proposed test procedure and CEER 
calculations with the ACC metric, which accounts for the impact of 
infiltration air due to the draw of condenser air flow from the 
conditioned space as well as duct and case heat transfer effects. 
(California IOUs, No. 20 at p. 1)
    AHAM opposed the proposed CEER equations as proposed in the 
February 2015 NOPR, commenting that the equations should be modified to 
remove the considerations for air infiltration and duct and case heat 
transfer effects. (AHAM, No. 18 at p. 10)
    For the reasons discussed previously in this preamble, DOE is 
including air infiltration and duct heat transfer effects in its 
measurement of portable AC performance, but is not including case heat 
transfer effects (see section III.C.2.c, section III.C.5, and section 
III.C.6 of this final rule, respectively). DOE maintains the proposals 
from the November 2015 SNOPR, and establishes the above CEER 
calculations in this final rule.
3. Annual Operating Costs
    In the February 2015 NOPR, DOE proposed that the annual energy 
consumption in cooling mode, AECcm, and the total annual 
energy consumption in all modes except cooling and heating, 
AECT, would be utilized in calculating the estimated annual 
operating cost. The sum of the two annual energy consumption metrics 
would then be multiplied by a representative average unit cost of 
electrical energy in dollars per kilowatt-hour as provided by the 
Secretary to obtain the estimated annual operating cost. 80 FR 10211, 
10234 (Feb. 25, 2015). DOE maintained this proposal in the November 
2015 SNOPR with slight modifications to address multiple cooling mode 
test conditions and to remove reference to heating mode. DOE received 
no comments from interested parties in response to either proposal. 
Therefore, in the absence of any comments and to support a potential 
portable AC labeling program should the Federal Trade Commission (FTC) 
establish such a program similar to that for room ACs, DOE adopts in 
this final rule the annual operating cost calculations that were 
proposed in the November 2015 SNOPR.

I. Compliance With Other Energy Policy and Conservation Act 
Requirements

1. Test Burden
    EPCA requires that any test procedures prescribed or amended be 
reasonably designed to produce test results which measure energy 
efficiency, energy use, or estimated annual operating cost of a covered 
product during a representative average use cycle or period of use and 
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) In the 
February 2015 NOPR, DOE concluded that establishing a test procedure to 
measure the energy consumption of single-duct and dual-duct portable 
ACs in active mode, standby mode, and off mode would produce the 
required test results and would not be unduly burdensome to conduct. 
This determination was driven by the many similarities between the 
necessary testing equipment and facilities for portable ACs and other 
products, the performance of which is currently certified through a DOE 
test procedure. Therefore, DOE tentatively concluded that manufacturers 
would not be required to make significant investment in test facilities 
and new equipment. 80 FR 10211, 10238 (Feb. 25, 2015)
    In the November 2015 SNOPR, DOE proposed modifications to the test 
procedure proposed in the February 2015 NOPR, and noted that those 
modifications to the portable AC test procedures would not 
significantly increase the overall test burden compared to the test 
procedure proposed in the February 2015 NOPR and may instead reduce the 
overall test burden. 80 FR 74020, 74032-74033 (Nov. 27, 2015).
    Because no substantive changes were made between the November 2015 
SNOPR and this final rule, DOE maintains its determination from the 
November 2015 SNOPR that the portable AC test procedure established in 
this final rule would produce test results that measure energy 
consumption during representative use and would not be unduly 
burdensome to conduct.

[[Page 35260]]

2. Potential Incorporation of International Electrotechnical Commission 
Standard 62087
    Under 42 U.S.C. 6295(gg)(2)(A), EPCA directs DOE to consider IEC 
Standard 62087 when amending test procedures for covered products to 
include standby mode and off mode power measurements. DOE reviewed IEC 
Standard 62087, ``Methods of measurement for the power consumption of 
audio, video, and related equipment'' (Edition 3.0 2011-04), and has 
determined that it would not be applicable to measuring power 
consumption of electrical appliances such as portable ACs. Therefore, 
DOE determined that referencing IEC Standards 62087 is not appropriate 
for the test procedure established in this final rule.

J. Sampling Plan and Rounding Requirements

    In the February 2015 NOPR, DOE proposed sampling plan and rounding 
requirements for portable ACs to enable manufacturers to make 
representations of energy consumption or efficiency metrics, which 
would be included in the proposed 10 CFR 429.62. For the sampling plan, 
DOE proposed general sampling requirements for selecting units to be 
tested and provided direction regarding a sufficient sample size. DOE 
also proposed a method to determine a representative value for measures 
of energy consumption, that all calculations be performed with the 
unrounded measured values, and that the reported cooling or heating 
capacity be rounded in accordance with Table 1 of AHAM PAC-1-2014, now 
referenced as ANSI/AHAM PAC-1-2015 as discussed in section III.C.1 of 
this final rule. DOE further proposed that all energy efficiency 
metrics be rounded to the nearest 0.1 Btu/Wh. 80 FR 10211, 10237-10238 
(Feb. 25, 2015).
    In the November 2015 SNOPR, DOE removed reference to the eliminated 
cooling energy efficiency ratio and heating energy efficiency ratio and 
replaced cooling mode capacity and heating mode capacity with SACC in 
the proposed sampling plan and rounding requirements in 10 CFR part 
429. The rated SACC would be based on the test sample mean, rounded as 
appropriate. DOE also clarified that the representative CEER for a 
basic model would be calculated based on statistical sampling 
provisions, which account for manufacturing and testing variability in 
product certification and compliance, rather than be determined as the 
mean value among tested units. Under these requirements, manufacturers 
would rate CEER based on the lower of the sample mean or the lower 95-
percent confidence limit of the true mean divided by 0.90. 80 FR 74020, 
74032 (Nov. 27, 2015). The confidence limit and derating factor 
proposed are consistent with those applied to other refrigeration-based 
consumer products, such as dehumidifiers and refrigerators, as DOE 
believes product variability and measurement repeatability associated 
with the measurements proposed for rating portable ACs are similar to 
those for the other consumer products.
    DOE received no comments in response to the sampling plan and 
rounding requirements proposed in either the February 2015 NOPR or the 
November 2015 SNOPR, and therefore maintains the proposals from the 
November 2015 SNOPR to establish a new section 10 CFR 429.62 in this 
final rule that specifies the sampling and rounding requirements for 
CEER and SACC for portable ACs.
    DOE also notes that certification requirements for portable ACs, 
which would also be located at 10 CFR 429.62(b), would be considered in 
the concurrent energy conservation standards rulemaking, as 
certification is not required for any equipment until and unless energy 
conservation standards are established.

K. General Comments

    De' Longhi stated that a round robin test would be necessary to 
compare the results of different laboratories on the same units and 
ensure the validity of the test procedure. (De' Longhi, No. 16 at p. 4) 
DOE invited manufacturers and other interested parties to submit 
testing data on its various proposals, and did not receive any results 
pertaining to its proposals.
    AHAM stated that it supports energy conservation standards and test 
procedures for portable ACs, and requested that DOE finalize the test 
procedure prior to publishing a proposed rule for portable AC 
standards. (AHAM, No. 18 at p. 2) In issuing this final rule, DOE is 
completing its rulemaking to establish a new test procedure for 
portable ACs. DOE is continuing to consider portable AC energy 
conservation standards in a concurrent rulemaking.

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 such 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 final rule establishes test procedures to measure the 
energy consumption of single-duct and dual-duct portable ACs in active 
modes, standby modes, and off mode. DOE has concluded that the rule 
would not have a significant impact on a substantial number of small 
entities. The factual basis for this certification is as follows:
    The Small Business Administration (SBA) considers a business entity 
to be small business, if, together with its affiliates, it employs less 
than a threshold number of workers specified in 13 CFR part 121. These 
size standards and codes are established by the North American Industry 
Classification System (NAICS). The threshold number for NAICS 
classification code 333415, ``Air-Conditioning and Warm Air Heating 
Equipment and Commercial and Industrial Refrigeration Equipment 
Manufacturing,'' which includes manufacturers of portable ACs, is 1,250 
employees.
    As discussed in the February 2015 NOPR, DOE surveyed the AHAM 
member directory to identify

[[Page 35261]]

manufacturers of portable ACs. DOE also consulted publicly available 
data, purchased company reports from vendors such as Dun and 
Bradstreet, and contacted manufacturers, where needed, to determine if 
the number of manufacturers with manufacturing facilities located 
within the United States that meet the SBA's definition of a ``small 
business manufacturing facility.''
    In the February 2015 NOPR, DOE estimated that there was one small 
business that may manufacture single-duct or dual-duct portable ACs and 
would be subject to the test procedure proposed in the February 2015 
NOPR. After the February 2015 NOPR was published, DOE determined that 
the small business does not currently produce single-duct or dual-duct 
portable ACs. DOE, therefore, tentatively concluded and certified in 
the November 2015 SNOPR that the proposed rule would not have a 
significant economic impact on a substantial number of small entities, 
since none could be identified that manufactured products subject to 
the test procedure proposed in the November 2015 SNOPR. Since the 
publication of the November 2015 SNOPR, DOE did not discover any small 
businesses that currently manufacturer single-duct or dual-duct 
portable ACs, and therefore, concludes that the test procedure 
established in this final rule would not have a significant impact on a 
substantial number of small entities. On this basis, DOE has determined 
that the preparation of an FRFA is not warranted and has submitted a 
certification and supporting statement of factual basis to the Chief 
Counsel for Advocacy of the Small Business Administration for review 
under 5 U.S.C. 605(b).
    DOE notes that, in response to the February 2015 NOPR, Oceanaire 
and NAM commented that the cost of testing and certification for 
commercial portable ACs would significantly impact their businesses (or 
manufacturers that they represent). These commenters estimated that 
approximately 15,000 large capacity commercial portable ACs (rated 
capacities up to 65,000 Btu/h) are manufactured annually. Oceanaire and 
NAM suggested that their niche industry utilizes specialized designs, 
often carrying 45 to 50 basic models and other custom designs for 
costumers with models typically manufactured in quantities of 10 or 
less annually. Oceanaire asserted that a certification program with 
third-party verification and compliance to the DOE statistical sampling 
protocol would exceed $1 million per year per company, severely 
limiting their ability to create unique products for customers. 
Oceanaire and NAM both suggested that the financial and resource 
impacts would ultimately force commercial portable AC manufacturers out 
of business. DENSO agreed, suggesting that the testing, reporting, and 
record-keeping associated with maintaining compliance with any DOE 
energy conservation standards would be substantial and place 
disproportionate burden on commercial portable AC manufacturers. 
(Oceanaire, No. 10 at pp. 1-2; NAM, No. 17 at p. 3; DENSO, No. 14 at p. 
4)
    Over the course of this rulemaking and the concurrent standards 
rulemaking for portable ACs, DOE has sought and carefully considered 
inputs received from interested parties regarding test burdens and 
associated impacts on all portable AC manufacturers affected by the 
rulemakings, including any small entities. Furthermore, DOE established 
a definition of a ``portable air conditioner'' in the April 2106 
Coverage Determination for portable ACs (81 FR 22514, 22516, 22519-
22520 (April 18, 2016)) that clarifies the characteristics and 
operation of this consumer product. The requirement that the product 
operate on single-phase electric current would exclude from coverage 
many of the high-capacity products to which Oceanaire and NAM referred. 
Additionally, any products that meet the portable AC definition as 
established in the coverage determination and that do not meet the 
definitions for single-duct portable AC or dual-duct portable AC are 
not required to be tested under the provisions established in this 
final rule. Although Oceanaire, NAM, and DENSO may manufacture products 
that meet the portable AC definition (or represent such manufacturers), 
DOE has determined that these niche manufacturers do not produce 
products that meet the single-duct or dual-duct definitions. Therefore, 
as discussed earlier in this section, DOE has not identified any small 
businesses that manufacture the single-duct and dual-duct portable ACs 
that would be affected by this final rule.
    Furthermore, DOE evaluated the impact of the test procedure 
established in this final rule, should any small business manufacturers 
of single-duct or dual-duct portable ACs be identified in the future. 
This final rule adopts the proposals in the November 2015 SNOPR with 
minor additional modifications discussed previously in this final rule, 
though none of the modifications impact test burden. Therefore, the 
analysis regarding small business impacts conducted in the November 
2015 SNOPR applies for the test procedure established in this final 
rule. The November 2015 SNOPR proposed modifications to the February 
2015 NOPR, and DOE determined that those modifications were likely to 
reduce overall test burden with respect to the proposals in the 
February 2015 NOPR. In the February 2015 NOPR, DOE concluded that the 
costs associated with its proposals were small compared to the overall 
financial investment needed to undertake the business enterprise of 
developing and testing consumer products. DOE determined that no small 
business would require the purchase or modification of testing 
equipment in order to conduct cooling mode testing, and estimated a 
potential cost of approximately $2,000 in the event that a small 
business needed to purchase a wattmeter suitable for standby mode, off 
mode, and off-cycle mode testing. 80 FR 10211, 10239 (Feb. 25, 2015), 
80 FR 74020, 74033 (Nov. 27, 2015).
    After estimating the potential impacts of the new test procedure 
provisions and considering feedback from interested parties regarding 
test burdens, DOE concludes that the cost effects accruing from the 
final rule would not have a ``significant economic impact on a 
substantial number of small entities,'' and that the preparation of an 
FRFA on that basis also would not be warranted.

C. Review Under the Paperwork Reduction Act of 1995

    While there are currently no energy conservation standards for 
portable ACs, DOE recently published a final determination establishing 
portable ACs as a type of covered product (81 FR 22514, 22517 (April 
18, 2016)) and is considering establishing energy conservation 
standards for such products as part of a parallel rulemaking (Docket 
No. EERE-2013-BT-STD-0033). Manufacturers of portable ACs must certify 
to DOE that their products comply with any applicable energy 
conservation standards, once established. To certify compliance, 
manufacturers must first obtain test data for their products according 
to the DOE test procedures for portable ACs and maintain records of 
that testing for a period of two years, consistent with the 
requirements of 10 CFR 429.71. As part of this test procedure final 
rule, DOE is establishing regulations for recordkeeping requirements 
for portable ACs. 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

[[Page 35262]]

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 establishes a test procedure for portable 
ACs that will be used to support any future energy conservation 
standards for portable ACs. 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 1969 (42 U.S.C. 4321 et 
seq.) and DOE's implementing regulations at 10 CFR part 1021. 
Specifically, this rule considers a test procedure for portable ACs 
that is largely based upon industry test procedures and methodologies, 
subject to significant input from interested parties in response to the 
February 2015 NOPR and November 2015 SNOPR, so it would not affect 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. 
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. 10, 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.

[[Page 35263]]

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 promulgates or is expected to lead to promulgation of a final 
rule, and that: (1) Is a significant regulatory action under Executive 
Order 12866, or any successor order; and (2) is likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed 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 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 et seq.), DOE must comply with section 
32 of the Federal Energy Administration Act of 1974 (Pub. L. 93-275), 
as amended by the Federal Energy Administration Authorization Act of 
1977 (Pub. L. 95-70). (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.
    This final rule establishes testing methods contained in the 
following commercial standards: ANSI/AHAM PAC-1-2015, ``Portable Air 
Conditioners''; and ANSI/ASHRAE Standard 37-2009, ``Methods of Testing 
for Rating Electrically Driven Unitary Air-Conditioning and Heat Pump 
Equipment''. While the newly established test procedure at appendix CC 
is not exclusively based on these standards, the general approach and 
many components of the test procedure adopt provisions from these 
standards without amendment. 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., that they were developed in a manner 
that fully provides for public participation, comment, and review). DOE 
has consulted with the Attorney General and the Chairman of the FTC 
concerning the impact on competition of requiring manufacturers to use 
the test methods contained in these standards, and neither recommended 
against incorporation of these standards.

M. Congressional Notification

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

N. Materials Incorporated by Reference

    In this final rule, DOE incorporates by reference the test standard 
published by AHAM, titled ``Portable Air Conditioners,'' ANSI/AHAM PAC-
1-2015 (ANSI Approved). ANSI/AHAM PAC-1-2015 is an industry-accepted 
test procedure that measures portable AC performance in cooling mode 
and is applicable to products sold in North America. ANSI/AHAM PAC-1-
2015 specifies testing conducted in accordance with other industry-
accepted test procedures (already incorporated by reference) and 
determines energy efficiency metrics for various portable AC 
configurations. The test procedure established in this final rule 
references various sections of ANSI/AHAM PAC-1-2015 that address test 
setup, instrumentation, test conduct, calculations, and rounding. ANSI/
AHAM PAC-1-2015 is readily available on AHAM's Web site at https://www.aham.org/ht/d/Store/.
    In this final rule, DOE also incorporates by reference the test 
standard ASHRAE Standard 37-2009, titled ``Methods of Testing for 
Rating Electrically Driven Unitary Air-Conditioning and Heat Pump 
Equipment,'' (ANSI Approved). ANSI/ASHRAE Standard 37-2009 is an 
industry-accepted test standard referenced by ANSI/AHAM PAC-1-2015 that 
defines various uniform methods for measuring performance of air 
conditioning and heat pump equipment. Although ANSI/AHAM PAC-1-2015 
references a number of sections in ANSI/ASHRAE Standards 37-2009, the 
test procedure established in this final rule additionally references 
one section in ANSI/ASHRAE Standard 37-2009 that addresses test 
duration. ANSI/ASHRAE Standard 37-2009 is readily available at http://www.ashrae.org.
    In this final rule, DOE also incorporates by reference the test 
standard IEC 62301, titled ``Household electrical appliances--
Measurement of standby power,'' (Edition 2.0, 2011-01). IEC 62301 is an 
industry-accepted test standard that sets a standardized method to 
measure the standby power of household and similar electrical 
appliances. IEC 62301 includes details regarding test set-up, test 
conditions, and stability requirements that are necessary to ensure 
consistent and repeatable standby and off-mode test results. IEC 62301 
is readily available at https://webstore.iec.ch/ and http://www.webstore.ansi.org.

V. Approval of the Office of the Secretary

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

List of Subjects

10 CFR Part 429

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

10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports,

[[Page 35264]]

Incorporation by reference, Intergovernmental relations, Small 
businesses.

    Issued in Washington, DC, on April 26, 2016.
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 
430 of chapter II of title 10, Code of Federal Regulations as set forth 
below:

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

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

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


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


Sec.  429.4  Materials incorporated by reference.

* * * * *
    (b) * * *
    (3) ANSI/AHAM PAC-1-2015 (``ANSI/AHAM PAC-1-2015''), Portable Air 
Conditioners, June 19, 2015, IBR approved for Sec.  429.62.
* * * * *

0
3. Add Sec.  429.62 to read as follows:


Sec.  429.62  Portable air conditioners.

    (a) Sampling plan for selection of units for testing. (1) The 
requirements of Sec.  429.11 are applicable to portable air 
conditioners; and
    (2) For each basic model of portable air conditioner, a sample of 
sufficient size must be randomly selected and tested to ensure that--
    (i) Any represented value of energy consumption or other measure of 
energy consumption of a basic model for which consumers would favor 
lower values is greater than or equal to the higher of:
    (A) The mean of the sample:
    [GRAPHIC] [TIFF OMITTED] TR01JN16.001
    
Where:

x is the sample mean;
xi is the ith sample; and
n is the number of units in the test sample.

    Or,
    (B) The upper 95 percent confidence limit (UCL) of the true mean 
divided by 1.10:
[GRAPHIC] [TIFF OMITTED] TR01JN16.002

Where:

x is the sample mean;
s is the sample standard deviation;
n is the number of units in the test sample; and
t0.95 is the t statistic for a 95% one-tailed confidence 
interval with n-1 degrees of freedom.

    And,
    (ii) Any represented value of the combined energy efficiency ratio 
or other measure of energy consumption of a basic model for which 
consumers would favor higher values is less than or equal to the lower 
of:
    (A) The mean of the sample:
    [GRAPHIC] [TIFF OMITTED] TR01JN16.003
    
    Where:

x is the sample mean;
xi is the ith sample; and
n is the number of units in the test sample.

    Or,
    (B) The lower 95 percent confidence limit (LCL) of the true mean 
divided by 0.90:
[GRAPHIC] [TIFF OMITTED] TR01JN16.004


Where:x is the sample mean;
s is the sample standard deviation;
n is the number of units in the test sample; and
t0.95 is the t statistic for a 95% one-tailed confidence 
interval with n-1 degrees of freedom.

    And,
    (3) The value of seasonally adjusted cooling capacity of a basic 
model must be the mean of the seasonally adjusted cooling capacities 
for each tested unit of the basic model. Round the mean seasonally 
adjusted cooling capacity value to the nearest 50, 100, 200, or 500 
Btu/h, depending on the magnitude of the calculated seasonally adjusted 
cooling capacity, in accordance with Table 1 of ANSI/AHAM PAC-1-2015, 
(incorporated by reference, see Sec.  429.4), ``Multiples for reporting 
Dual Duct Cooling Capacity, Single Duct Cooling Capacity, Spot Cooling 
Capacity, Water Cooled Condenser Capacity and Power Input Ratings.''
    (4) Round the value of combined energy efficiency ratio of a basic 
model to the nearest 0.1 Btu/Wh.
    (5) Single-duct and dual-duct portable air conditioners distributed 
in commerce by the manufacturer with multiple duct configuration 
options that meet DOE's definitions for single-duct portable AC and 
dual-duct portable AC, must be rated and certified under both 
applicable duct configurations.
    (b) Certification reports. [Reserved]

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

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

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

0
5. Section 430.2 is amended by adding, in alphabetical order, the 
definitions for ``dual-duct portable air conditioner'' and ``single-
duct portable air conditioner'' to read as follows:


Sec.  430.2  Definitions.

* * * * *
    Dual-duct portable air conditioner means a portable air conditioner 
that draws some or all of the condenser inlet air from outside the 
conditioned space through a duct attached to an adjustable window 
bracket, may draw additional condenser inlet air from the conditioned 
space, and discharges the condenser outlet air outside the conditioned 
space by means of a separate duct attached to an adjustable window 
bracket.
* * * * *
    Single-duct portable air conditioner means a portable air 
conditioner that draws all of the condenser inlet air from the 
conditioned space without the means of a duct, and discharges the 
condenser outlet air outside the conditioned space through a single 
duct attached to an adjustable window bracket.
* * * * *

0
6. Section 430.3 is amended by:
0
a. Removing ``appendix AA to subpart B'' in paragraph (g)(4), and 
adding in its place, ``appendices AA and CC to subpart B'';
0
b. Redesignating paragraph (i)(8) as (i)(9), and adding a new paragraph 
(i)(8); and
0
c. Removing ``and Z to subpart B'' in paragraph (p)(5), and adding in 
its place, ``Z and CC to subpart B''.
    The addition reads as follows:


Sec.  430.3  Materials incorporated by reference.

* * * * *
    (i) * * *
    (8) ANSI/AHAM PAC-1-2015, (``ANSI/AHAM PAC-1-2015''), Portable Air 
Conditioners, June 19, 2015, IBR approved for appendix CC to subpart B.
* * * * *

0
7. Section 430.23 is amended by adding paragraph (dd) to read as 
follows:


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

* * * * *

[[Page 35265]]

    (dd) Portable air conditioners. (1) For single-duct and dual-duct 
portable air conditioners, measure the seasonally adjusted cooling 
capacity, expressed in British thermal units per hour (Btu/h), and the 
combined energy efficiency ratio, expressed in British thermal units 
per watt-hour (Btu/Wh) in accordance with appendix CC of this subpart.
    (2) Determine the estimated annual operating cost for portable air 
conditioners, expressed in dollars per year, by multiplying the 
following two factors:
    (i) For dual-duct portable air conditioners, the sum of 
AEC95 multiplied by 0.2, AEC83 multiplied by 0.8, 
and AECT as measured in accordance with section 5.3 of 
appendix CC of this subpart; or for single-duct portable air 
conditioners, the sum of AECSD and AECT as 
measured in accordance with section 5.3 of appendix CC of this subpart; 
and
    (ii) A representative average unit cost of electrical energy in 
dollars per kilowatt-hour as provided by the Secretary.
    (iii) Round the resulting product to the nearest dollar per year.

0
8. Add and reserve appendix BB to subpart B of part 430 to read as 
follows:

Appendix BB to Subpart B of Part 430--[Reserved]

0
9. Add appendix CC to subpart B of part 430 to read as follows:

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

1. Scope

    This appendix covers the test requirements used to measure the 
energy performance of single-duct and dual-duct portable air 
conditioners, as defined at 10 CFR 430.2.

2. Definitions

    2.1 ANSI/AHAM PAC-1-2015 means the test standard published by 
the Association of Home Appliance Manufacturers, titled ``Portable 
Air Conditioners,'' ANSI/AHAM PAC-1-2015 (incorporated by reference; 
see Sec.  430.3).
    2.2 ASHRAE Standard 37-2009 means the test standard published by 
the American National Standards Institute and American Society of 
Heating, Refrigerating and Air-Conditioning Engineers and, titled 
``Methods of Testing for Rating Electrically Driven Unitary Air-
Conditioning and Heat Pump Equipment,'' ASHRAE Standard 37-2009 
(incorporated by reference; see Sec.  430.3).
    2.3 Combined energy efficiency ratio is the energy efficiency of 
a portable air conditioner as measured in accordance with this test 
procedure in Btu per watt-hours (Btu/Wh) and determined in section 
5.4.
    2.4 Cooling mode means a mode in which a portable air 
conditioner has activated the main cooling function according to the 
thermostat or temperature sensor signal, including activating the 
refrigeration system, or activating the fan or blower without 
activation of the refrigeration system.
    2.5 IEC 62301 means the test standard published by the 
International Electrotechnical Commission, titled ``Household 
electrical appliances-Measurement of standby power,'' Publication 
62301 (Edition 2.0 2011-01) (incorporated by reference; see Sec.  
430.3).
    2.6 Inactive mode means a standby mode that facilitates the 
activation of an active mode or off-cycle mode by remote switch 
(including remote control), internal sensor, or timer, or that 
provides continuous status display.
    2.7 Off-cycle mode means a mode in which a portable air 
conditioner:
    (1) Has cycled off its main cooling or heating function by 
thermostat or temperature sensor signal;
    (2) May or may not operate its fan or blower; and
    (3) Will reactivate the main function according to the 
thermostat or temperature sensor signal.
    2.8 Off mode means a mode in which a portable air conditioner is 
connected to a mains power source and is not providing any active 
mode, off-cycle mode, or standby mode function, and where the mode 
may persist for an indefinite time. An indicator that only shows the 
user that the portable air conditioner is in the off position is 
included within the classification of an off mode.
    2.9 Seasonally adjusted cooling capacity means the amount of 
cooling, measured in Btu/h, provided to the indoor conditioned 
space, measured under the specified ambient conditions.
    2.10 Standby mode means any mode where a portable air 
conditioner is connected to a mains power source and offers one or 
more of the following user-oriented or protective functions which 
may persist for an indefinite time:
    (1) To facilitate the activation of other modes (including 
activation or deactivation of cooling mode) by remote switch 
(including remote control), internal sensor, or timer; or
    (2) Continuous functions, including information or status 
displays (including clocks) or sensor-based functions. A timer is a 
continuous clock function (which may or may not be associated with a 
display) that provides regular scheduled tasks (e.g., switching) and 
that operates on a continuous basis.

3. Test Apparatus and General Instructions

    3.1 Active mode.
    3.1.1 Test conduct. The test apparatus and instructions for 
testing portable air conditioners in cooling mode and off-cycle mode 
must conform to the requirements specified in Section 4, 
``Definitions'' and Section 7, ``Tests,'' of ANSI/AHAM PAC-1-2015 
(incorporated by reference; see Sec.  430.3), except as otherwise 
specified in this appendix. Where applicable, measure duct heat 
transfer and infiltration air heat transfer according to section 
4.1.1.1 and section 4.1.1.2 of this appendix, respectively. Note 
that if a product is able to operate as both a single-duct and dual-
duct portable AC as distributed in commerce by the manufacturer, it 
must be tested and rated for both duct configurations.
    3.1.1.1 Duct setup. Use ducting components provided by the 
manufacturer, including, where provided by the manufacturer, ducts, 
connectors for attaching the duct(s) to the test unit, sealing, 
insulation, and window mounting fixtures. Do not apply additional 
sealing or insulation.
    3.1.1.2 Single-duct evaporator inlet test conditions. When 
testing single-duct portable air conditioners, maintain the 
evaporator inlet dry-bulb temperature within a range of 
1.0[emsp14][deg]F with an average difference within 
0.3[emsp14][deg]F.
    3.1.1.3 Condensate Removal. Set up the test unit in accordance 
with manufacturer instructions. If the unit has an auto-evaporative 
feature, keep any provided drain plug installed as shipped and do 
not provide other means of condensate removal. If the internal 
condensate collection bucket fills during the test, halt the test, 
remove the drain plug, install a gravity drain line, and start the 
test from the beginning. If no auto-evaporative feature is 
available, remove the drain plug and install a gravity drain line. 
If no auto-evaporative feature or gravity drain is available and a 
condensate pump is included, or if the manufacturer specifies the 
use of an included condensate pump during cooling mode operation, 
then test the portable air conditioner with the condensate pump 
enabled. For units tested with a condensate pump, apply the 
provisions in Section 7.1.2 of ANSI/AHAM PAC-1-2015 (incorporated by 
reference; see Sec.  430.3) if the pump cycles on and off.
    3.1.1.4 Unit Placement. There shall be no less than 3 feet 
between any test chamber wall surface and any surface on the 
portable air conditioner, except the surface or surfaces of the 
portable air conditioner that include a duct attachment. The 
distance between the test chamber wall and a surface with one or 
more duct attachments is prescribed by the test setup requirements 
in Section 7.3.7 of ANSI/AHAM PAC-1-2015 (incorporated by reference; 
see Sec.  430.3).
    3.1.1.5 Electrical supply. Maintain the input standard voltage 
at 115 V 1 percent. Test at the rated frequency, 
maintained within 1 percent.
    3.1.1.6 Duct temperature measurements. Install any insulation 
and sealing provided by the manufacturer. Then adhere four equally 
spaced thermocouples per duct to the outer surface of the entire 
length of the duct. Measure the surface temperatures of each duct. 
Temperature measurements must have an error no greater than 0.5[emsp14][deg]F over the range being measured.
    3.1.2 Control settings. Set the controls to the lowest available 
temperature setpoint for cooling mode. If the portable air 
conditioner has a user-adjustable fan speed, select the maximum fan 
speed setting. If the portable air conditioner has an automatic 
louver oscillation feature, disable that feature throughout testing. 
If the louver oscillation feature is included but there is no option 
to disable it, test with the louver oscillation enabled. If the 
portable air conditioner has adjustable louvers, position the 
louvers

[[Page 35266]]

parallel with the air flow to maximize air flow and minimize static 
pressure loss.
    3.1.3 Measurement resolution. Record measurements at the 
resolution of the test instrumentation.
    3.2 Standby mode and off mode.
    3.2.1 Installation requirements. For the standby mode and off 
mode testing, install the portable air conditioner in accordance 
with Section 5, Paragraph 5.2 of IEC 62301 (incorporated by 
reference; see Sec.  430.3), disregarding the provisions regarding 
batteries and the determination, classification, and testing of 
relevant modes.
    3.2.2 Electrical energy supply.
    3.2.2.1 Electrical supply. For the standby mode and off mode 
testing, maintain the input standard voltage at 115 V 1 
percent. Maintain the electrical supply at the rated frequency 
1 percent.
    3.2.2.2 Supply voltage waveform. For the standby mode and off 
mode testing, maintain the electrical supply voltage waveform 
indicated in Section 4, Paragraph 4.3.2 of IEC 62301 (incorporated 
by reference; see Sec.  430.3).
    3.2.3 Standby mode and off mode wattmeter. The wattmeter used to 
measure standby mode and off mode power consumption must meet the 
requirements specified in Section 4, Paragraph 4.4 of IEC 62301 
(incorporated by reference; see Sec.  430.3).
    3.2.4 Standby mode and off mode ambient temperature. For standby 
mode and off mode testing, maintain room ambient air temperature 
conditions as specified in Section 4, Paragraph 4.2 of IEC 62301 
(incorporated by reference; see Sec.  430.3).

4. Test Measurement

    4.1 Cooling mode. Measure the indoor room cooling capacity and 
overall power input in cooling mode in accordance with Section 7.1.b 
and 7.1.c of ANSI/AHAM PAC-1-2015 (incorporated by reference; see 
Sec.  430.3), respectively. Determine the test duration in 
accordance with Section 8.7 of ASHRAE Standard 37-2009 (incorporated 
by reference; Sec.  430.3). Apply the test conditions for single-
duct and dual-duct portable air conditioners presented in Table 1 of 
this appendix instead of the test conditions in Table 3 of ANSI/AHAM 
PAC-1-2015. For single-duct units, measure the indoor room cooling 
capacity, CapacitySD, and overall power input in cooling 
mode, PSD, in accordance with the ambient conditions for 
test configuration 5, presented in Table 1 of this appendix. For 
dual-duct units, measure the indoor room cooling capacity and 
overall power input in accordance with ambient conditions for test 
configuration 3, condition A (Capacity95, 
P95), and then measure the indoor room cooling capacity 
and overall power input a second time in accordance with the ambient 
conditions for test configuration 3, condition B 
(Capacity83, P83), presented in Table 1 of 
this appendix. Note that for the purposes of this cooling mode test 
procedure, evaporator inlet air is considered the ``indoor air'' of 
the conditioned space and condenser inlet air is considered the 
``outdoor air'' outside of the conditioned space.

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

    4.1.1. Duct Heat Transfer. Measure the surface temperature of 
the condenser exhaust duct and condenser inlet duct, where 
applicable, throughout the cooling mode test. Calculate the average 
temperature at each individual location, and then calculate the 
average surface temperature of each duct by averaging the four 
average temperature measurements taken on that duct. Calculate the 
surface area (Aduct_j) of each duct according to:

Aduct_j = [pi] x dj x Lj

Where:
dj = the outer diameter of duct ``j'', including any 
manufacturer-supplied insulation.
Lj = the extended length of duct ``j'' while under test.
j represents the condenser exhaust duct and, for dual-duct units, 
the condenser exhaust duct and the condenser inlet duct.

    Calculate the total heat transferred from the surface of the 
duct(s) to the indoor conditioned space while operating in cooling 
mode for the outdoor test conditions in Table 1 of this appendix, as 
follows. For single-duct portable air conditioners:

Qduct_SD = h x Aduct_j x 
(Tduct_SD = - Tei)
    For dual-duct portable air conditioners:

Qduct_95 = [Sgr]j{h x Aduct_j x 
(Tduct_95 - Tei){time} 
Qduct_83 = [Sgr]j{h x Aduct_j x 
(Tduct_83 - Tei){time} 

Where:

    Qduct_SD = for single-duct portable air conditioners, 
the total heat transferred from the duct to the indoor conditioned 
space in cooling mode when tested according to the test conditions 
in Table 1 of this appendix, in Btu/h.
    Qduct_95 and Qduct_83 = for dual-duct 
portable air conditioners, the total heat transferred from the ducts 
to the indoor conditioned space in cooling mode, in Btu/h, when 
tested according to the 95[emsp14][deg]F dry-bulb and 
83[emsp14][deg]F dry-bulb outdoor test conditions in Table 1 of this 
appendix, respectively.
    h = convection coefficient, 3 Btu/h per square foot per [deg]F.
    Aduct_j = surface area of duct ``j'', in square feet.
    Tduct_SD_j = average surface temperature for the 
condenser exhaust duct of single-duct portable air conditioners, as 
measured during testing according to the test condition in Table 1 
of this appendix, in [deg]F.
    Tduct_95_j and Tduct_83_j = average 
surface temperature for duct ``j'' of dual-duct portable air 
conditioners, as measured during testing according to the two 
outdoor test conditions in Table 1 of this appendix, in [deg]F.
    j represents the condenser exhaust duct and, for dual-duct 
units, the condenser exhaust duct and the condenser inlet duct.
    Tei = average evaporator inlet air dry-bulb 
temperature, in [deg]F.
    4.1.2 Infiltration Air Heat Transfer. Measure the heat 
contribution from infiltration air for single-duct portable air 
conditioners and dual-duct portable air conditioners that draw at 
least part of the condenser air from the conditioned space. 
Calculate the heat contribution from infiltration air for single-
duct and dual-duct portable air conditioners for both cooling mode 
outdoor test conditions, as described in this section. Calculate the 
dry air mass flow rate of infiltration air according to the 
following equations:
[GRAPHIC] [TIFF OMITTED] TR01JN16.005

    For dual-duct portable air conditioners:


[[Page 35267]]


[GRAPHIC] [TIFF OMITTED] TR01JN16.006

Where:

    mSD = dry air mass flow rate of infiltration air for 
single-duct portable air conditioners, in pounds per minute (lb/m).
    m95 and m83 = dry air mass flow rate of 
infiltration air for dual-duct portable air conditioners, as 
calculated based on testing according to the test conditions in 
Table 1 of this appendix, in lb/m.
    Vco_SD, Vco_95, and Vco_83 = 
average volumetric flow rate of the condenser outlet air during 
cooling mode testing for single-duct portable air conditioners; and 
at the 95[emsp14][deg]F and 83[emsp14][deg]F dry-bulb outdoor 
conditions for dual-duct portable air conditioners, respectively, in 
cubic feet per minute (cfm).
    Vci_95, and Vci_83 = average volumetric 
flow rate of the condenser inlet air during cooling mode testing at 
the 95[emsp14][deg]F and 83[emsp14][deg]F dry-bulb outdoor 
conditions for dual-duct portable air conditioners, respectively, in 
cfm.
    [rho]co_SD, [rho]co_95, and 
[rho]co_83 = average density of the condenser outlet air 
during cooling mode testing for single-duct portable air 
conditioners, and at the 95[emsp14][deg]F and 83[emsp14][deg]F dry-
bulb outdoor conditions for dual-duct portable air conditioners, 
respectively, in pounds mass per cubic foot (lbm/ft\3\).
    [rho]ci_95, and [rho]ci_83 = average 
density of the condenser inlet air during cooling mode testing at 
the 95[emsp14][deg]F and 83[emsp14][deg]F dry-bulb outdoor 
conditions for dual-duct portable air conditioners, respectively, in 
lbm/ft\3\.
    [omega]co_SD, [omega]co_95, and 
[omega]co_83 = average humidity ratio of condenser outlet 
air during cooling mode testing for single-duct portable air 
conditioners, and at the 95[emsp14][deg]F and 83[emsp14][deg]F dry-
bulb outdoor conditions for dual-duct portable air conditioners, 
respectively, in pounds mass of water vapor per pounds mass of dry 
air (lbw/lbda).
    [omega]ci_95, and [omega]ci_83 = average 
humidity ratio of condenser inlet air during cooling mode testing at 
the 95[emsp14][deg]F and 83[emsp14][deg]F dry-bulb outdoor 
conditions for dual-duct portable air conditioners, respectively, in 
lbw/lbda.
    For single-duct and dual-duct portable air conditioners, 
calculate the sensible component of infiltration air heat 
contribution according to:

Qs_95 m x 60
x [(cp_95 x Tai_95 - Tindoor)) + 
Cp_wv
x ([omega]ai_95 x Tai_95 - 
[omega]indoor x Tindoor)]
Qs_83 =m x 60
x [(cp_da x (Tai_83 - Tindoor)) + 
Cp_wv
x ([omega]ai_83 x Tai_83 - 
[omega]indoor x Tindoor)]

Where:

    Qs_95 and Qs_83 = sensible heat added to 
the room by infiltration air, calculated at the 95[emsp14][deg]F and 
83[emsp14][deg]F dry-bulb outdoor conditions in Table 1 of this 
appendix, in Btu/h.
    m = dry air mass flow rate of infiltration air, mSD 
or m95 when calculating Qs_95 and 
msd or m83 when calculating Qs_83, 
in lb/m.
    cp_da = specific heat of dry air, 0.24 Btu/
lbm-[deg]F.
    cp_wv = specific heat of water vapor, 0.444 Btu/
lbm-[deg]F.
    Tindoor = indoor chamber dry-bulb temperature, 
80[emsp14][deg]F.
    Tia_95 and Tia_83 = infiltration air dry-
bulb temperatures for the two test conditions in Table 1 of this 
appendix, 95[emsp14][deg]F and 83[emsp14][deg]F, respectively.
    [omega]ia_95 and [omega]ia_83= humidity 
ratios of the 95[emsp14][deg]F and 83[emsp14][deg]F dry-bulb 
infiltration air, 0.0141 and 0.01086 lbw/lbda, 
respectively.
    [omega]indoor = humidity ratio of the indoor chamber 
air, 0.0112 lbw/lbda.
    60 = conversion factor from minutes to hours.
    Calculate the latent heat contribution of the infiltration air 
according to:
Ql_95 m x 60 x Hfg x ([omega]ia_95 
- [omega]indoor)
Ql_83 m x 60 x Hfg x ([omega]ia_83 
- [omega]indoor)

Where:

    Ql_95 and Ql_83 = latent heat added to the 
room by infiltration air, calculated at the 95[emsp14][deg]F and 
83[emsp14][deg]F dry-bulb outdoor conditions in Table 1 of this 
appendix, in Btu/h.
    m = mass flow rate of infiltration air, mSD or 
m95 when calculating Q1_95 and mSD 
or m83 when calculating Q1_83, in lb/m.
    Hfg = latent heat of vaporization for water vapor, 
1061 Btu/lbm.
    [omega]ia_95 and [omega]ia_83 = humidity 
ratios of the 95[emsp14][deg]F and 83[emsp14][deg]F dry-bulb 
infiltration air, 0.0141 and 0.01086 lbw/lbda, 
respectively.
    [omega]indoor = humidity ratio of the indoor chamber 
air, 0.0112 lbw/lbda.
    60 = conversion factor from minutes to hours.
    The total heat contribution of the infiltration air is the sum 
of the sensible and latent heat:

infiltration_95 = Qs_95 + Q1_95
infiltration_83 = Qs_83 + Q1_83

Where:

    Qinfiltration_95 and Qinfiltration_83 = 
total infiltration air heat in cooling mode, calculated at the 
95[emsp14][deg]F and 83[emsp14][deg]F dry-bulb outdoor conditions in 
Table 1 of this appendix, in Btu/h.
    Qs_95 and Qs_83 = sensible heat added to 
the room by infiltration air, calculated at the 95[emsp14][deg]F and 
83[emsp14][deg]F dry-bulb outdoor conditions in Table 1 of this 
appendix, in Btu/h.
    Ql_95 and Ql_83 = latent heat added to the 
room by infiltration air, calculated at the 95[emsp14][deg]F and 
83[emsp14][deg]F dry-bulb outdoor conditions in Table 1 of this 
appendix, in Btu/h.
    4.2 Off-cycle mode. Establish the test conditions specified in 
section 3.1.1 of this appendix for off-cycle mode and use the 
wattmeter specified in section 3.2.3 of this appendix (but do not 
use the duct measurements in section 3.1.1.6). Begin the off-cycle 
mode test period 5 minutes following the cooling mode test period. 
Adjust the setpoint higher than the ambient temperature to ensure 
the product will not enter cooling mode and begin the test 5 minutes 
after the compressor cycles off due to the change in setpoint. Do 
not change any other control settings between the end of the cooling 
mode test period and the start of the off-cycle mode test period. 
The off-cycle mode test period must be 2 hours in duration, during 
which period, record the power consumption at the same intervals as 
recorded for cooling mode testing. Measure and record the average 
off-cycle mode power of the portable air conditioner, 
Poc, in watts.
    4.3 Standby mode and off mode. Establish the testing conditions 
set forth in section 3.2 of this appendix, ensuring that the 
portable air conditioner does not enter any active modes during the 
test. For portable air conditioners that take some time to enter a 
stable state from a higher power state as discussed in Section 5, 
Paragraph 5.1, Note 1 of IEC 62301, (incorporated by reference; see 
Sec.  430.3), allow sufficient time for the portable air conditioner 
to reach the lowest power state before proceeding with the test 
measurement. Follow the test procedure specified in Section 5, 
Paragraph 5.3.2 of IEC 62301 for testing in each possible mode as 
described in sections 4.3.1 and 4.3.2 of this appendix.
    4.3.1 If the portable air conditioner has an inactive mode, as 
defined in section 2.6 of this appendix, but not an off mode, as 
defined in section 2.8 of this appendix, measure and record the 
average inactive mode power of the portable air conditioner, 
Pia, in watts.
    4.3.2 If the portable air conditioner has an off mode, as 
defined in section 2.8 of this appendix, measure and record the 
average off mode power of the portable air conditioner, 
Pom, in watts.

5. Calculation of Derived Results From Test Measurements

    5.1 Adjusted Cooling Capacity. Calculate the adjusted cooling 
capacities for portable air conditioners, ACC95 and 
ACC83, expressed in Btu/h, according to the following 
equations. For single-duct portable air conditioners:

ACC95 = CapacitySD - Qduct_SD - 
Qinfiltration_95
ACC83 = CapacitySD - Qduct_SD - 
Qinfiltration_83

    For dual-duct portable air conditioners:
ACC95 = Capacity95 - Qduct_95 - 
Qinfiltration_95
ACC83 = Capacity83 - Qduct_83 - 
Qinfiltration_83

Where:

CapacitySD, Capacity95, and 
Capacity83 = cooling capacity measured in section 4.1.1 
of this appendix.
Qduct_SD, Qduct_95, and Qduct_83 = 
duct heat transfer while operating in cooling mode, calculated in 
section 4.1.1.1 of this appendix.
Qinfiltration_95 and Qinfiltration_83 = total 
infiltration air heat transfer in cooling

[[Page 35268]]

mode, calculated in section 4.1.1.2 of this appendix.

    5.2 Seasonally Adjusted Cooling Capacity. Calculate the 
seasonally adjusted cooling capacity for portable air conditioners, 
SACC, expressed in Btu/h, according to:

SACC = ACC95 x 0.2 + ACC83 x 0.8

Where:

ACC95 and ACC83 = adjusted cooling capacity, 
in Btu/h, calculated in section 5.1 of this appendix.
0.2 = weighting factor for ACC95.
0.8 = weighting factor for ACC83.
    5.3 Annual Energy Consumption. Calculate the annual energy 
consumption in each operating mode, AECm, expressed in 
kilowatt-hours per year (kWh/year). Use the following annual hours 
of operation for each mode:

------------------------------------------------------------------------
                                                                Annual
                       Operating mode                         operating
                                                                hours
------------------------------------------------------------------------
Cooling Mode, Dual-Duct 95 [deg]F \1\......................          750
Cooling Mode, Dual-Duct 83 [deg]F \1\......................          750
Cooling Mode, Single-Duct..................................          750
Off-Cycle..................................................          880
Inactive or Off............................................        1,355
------------------------------------------------------------------------
\1\ These operating mode hours are for the purposes of calculating
  annual energy consumption under different ambient conditions for dual-
  duct portable air conditioners, and are not a division of the total
  cooling mode operating hours. The total dual-duct cooling mode
  operating hours are 750 hours.

AECm = Pm x tm x k

Where:

AECm = annual energy consumption in each mode, in kWh/
year.
Pm = average power in each mode, in watts.
    m represents the operating mode (``95'' and ``83'' cooling mode 
at the 95[emsp14][deg]F and 83[emsp14][deg]F dry-bulb outdoor 
conditions, respectively for dual-duct portable air conditioners, 
``SD'' cooling mode for single-duct portable air conditioners, 
``oc'' off-cycle, and ``ia'' inactive or ``om'' off mode).
t = number of annual operating time in each mode, in hours.
k = 0.001 kWh/Wh conversion factor from watt-hours to kilowatt-
hours.

    Total annual energy consumption in all modes except cooling, is 
calculated according to:
[GRAPHIC] [TIFF OMITTED] TR01JN16.007

Where:

AECT = total annual energy consumption attributed to all 
modes except cooling, in kWh/year;
AECm = total annual energy consumption in each mode, in 
kWh/year.
    m represents the operating modes included in AECT 
(``oc'' off-cycle, and ``im'' inactive or ``om'' off mode).

    5.4 Combined Energy Efficiency Ratio. Using the annual operating 
hours, as outlined in section 5.3 of this appendix, calculate the 
combined energy efficiency ratio, CEER, expressed in Btu/Wh, 
according to the following:
[GRAPHIC] [TIFF OMITTED] TR01JN16.008

[GRAPHIC] [TIFF OMITTED] TR01JN16.009

Where:

CEERSD and CEERDD = combined energy efficiency 
ratio for single-duct and dual-duct portable air conditioners, 
respectively, in Btu/Wh.
ACC95 and ACC83 = adjusted cooling capacity, 
tested at the 95[emsp14][deg]F and 83[emsp14][deg]F dry-bulb outdoor 
conditions in Table 1 of this appendix, in Btu/h, calculated in 
section 5.1 of this appendix.
AECSD = annual energy consumption in cooling mode for 
single-duct portable air conditioners, in kWh/year, calculated in 
section 5.3 of this appendix.
AEC95 and AEC83 = annual energy consumption 
for the two cooling mode test conditions in Table 1 of this appendix 
for dual-duct portable air conditioners, in kWh/year, calculated in 
section 5.3 of this appendix.
AECT = total annual energy consumption attributed to all 
modes except cooling, in kWh/year, calculated in section 5.3 of this 
appendix.
t = number of cooling mode hours per year, 750.
k = 0.001 kWh/Wh conversion factor for watt-hours to kilowatt-hours.
0.2 = weighting factor for the 95[emsp14][deg]F dry-bulb outdoor 
condition test.
0.8 = weighting factor for the 83[emsp14][deg]F dry-bulb outdoor 
condition test.

[FR Doc. 2016-12446 Filed 5-31-16; 8:45 am]
 BILLING CODE 6450-01-P



                                               35242             Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations

                                               DEPARTMENT OF ENERGY                                    disclosure, may not be publicly                       Tullie Circle NE., Atlanta, GA 30329,
                                                                                                       available.                                            800–527–4723 or 404–636–8400, or go
                                               10 CFR Parts 429 and 430                                   A link to the docket Web page can be               to http://www.ashrae.org.
                                                                                                       found at http://www.regulations.gov/                     Copies of IEC 62301 can be obtained
                                               [Docket No. EERE–2014–BT–TP–0014]                       #!docketDetail;D=EERE-2014-BT-TP-                     from the IEC at https://webstore.iec.ch/
                                               RIN 1904–AD22                                           0014. This Web page will contain a link               and also from the American National
                                                                                                       to the docket for this document on the                Standards Institute, 25 W. 43rd Street,
                                               Energy Conservation Program: Test                       www.regulations.gov site. The                         4th Floor, New York, NY 10036, (212)
                                               Procedures for Portable Air                             www.regulations.gov Web page will                     642–4900, or go to http://
                                               Conditioners                                            contain simple instructions on how to                 webstore.ansi.org.
                                                                                                       access all documents, including public                   See section IV.N of this rulemaking
                                               AGENCY:  Office of Energy Efficiency and                comments, in the docket.                              for a further discussion of these
                                               Renewable Energy, Department of                            For further information on how to                  standards.
                                               Energy.                                                 review the docket, contact Ms. Brenda                 Table of Contents
                                               ACTION: Final rule.                                     Edwards at (202) 586–2945 or by email:
                                                                                                       Brenda.Edwards@ee.doe.gov.                            I. Authority and Background
                                               SUMMARY:   On February 25, 2015, the                                                                             A. Authority
                                                                                                       FOR FURTHER INFORMATION CONTACT: Mr.                     B. Background
                                               U.S. Department of Energy (DOE)
                                                                                                       Bryan Berringer, U.S. Department of                   II. Synopsis of the Final Rule
                                               published a notice of proposed
                                                                                                       Energy, Office of Energy Efficiency and               III. Discussion
                                               rulemaking (NOPR), in which it
                                                                                                       Renewable Energy, Building                               A. Covered Products and Configurations
                                               proposed to establish test procedures for                                                                        1. Configuration Definitions
                                                                                                       Technologies Office, EE–5B, 1000
                                               portable air conditioners (ACs) to                                                                               2. Convertible Products
                                                                                                       Independence Avenue SW.,
                                               determine capacities and energy                                                                                  B. Active Mode
                                                                                                       Washington, DC 20585–0121.
                                               efficiency metrics for portable ACs. On                                                                          C. Cooling Mode
                                                                                                       Telephone: (202) 586–0371. Email:
                                               November 27, 2015, DOE published a                                                                               1. General Test Approach
                                                                                                       portable_ACs@ee.doe.gov                                  2. Rating Conditions
                                               supplemental notice of proposed
                                                                                                          Ms. Sarah Butler, U.S. Department of                  3. Seasonally Adjusted Cooling Capacity
                                               rulemaking (SNOPR) to revise the
                                                                                                       Energy, Office of the General Counsel,                   4. Test Duration
                                               proposal by modifying the cooling and
                                                                                                       Mailstop GC–33, 1000 Independence                        5. Duct Heat Transfer and Leakage
                                               heating mode test requirements,                                                                                  6. Case Heat Transfer
                                                                                                       Ave. SW., Washington, DC 20585–0121.
                                               introducing the seasonally adjusted                                                                              7. Test Setup and Unit Placement
                                                                                                       Telephone: 202–586–1777. Email:
                                               cooling capacity (SACC) and a revised                                                                            8. Condensate Collection
                                                                                                       Sarah.Butler@hq.doe.gov.
                                               combined energy efficiency ratio                                                                                 9. Control Settings
                                               (CEER), and clarifying several aspects of               SUPPLEMENTARY INFORMATION: This final                    10. Electrical Supply
                                               test setup. The proposed test procedure                 rule incorporates by reference the                       11. Power Factor
                                               serves as the basis for this action. DOE                following industry standard into 10 CFR                  12. Test Condition Tolerances
                                               is issuing a final rule to establish a new              parts 429 and 430:                                       D. Heating Mode
                                                                                                          American National Standards                           E. Air Circulation Mode
                                               test procedure for portable ACs in a new                                                                         F. Off-Cycle Mode
                                               appendix. The new test procedure in                     Institute (ANSI)/Association of Home
                                                                                                       Appliance Manufacturers (AHAM)                           G. Standby Mode and Off Mode
                                               appendix CC will be used to determine                                                                            1. Mode Definitions
                                               the SACC and CEER for portable ACs                      PAC–1–2015, Portable Air Conditioners,                   2. Determination of Standby Mode and Off
                                               that are subject to the adopted test                    June 19, 2015.                                              Mode Power Consumption
                                               procedure. The test procedure is based                     Copies of ANSI/AHAM PAC–1–2015                        H. Energy Efficiency Metrics
                                               on industry standards, with several                     can be obtained from the Association of                  1. Annual Operating Mode Hours
                                               modifications to ensure the test                        Home Appliance Manufacturers, 1111                       2. CEER Calculation
                                                                                                       19th Street NW., Suite 402, Washington,                  3. Annual Operating Costs
                                               procedure is representative of typical                                                                           I. Compliance With Other Energy Policy
                                               use and to improve accuracy and                         DC 20036, 202–872–5955, or by going to
                                                                                                       https://www.aham.org/ht/d/Store/.                           and Conservation Act Requirements
                                               repeatability while minimizing test                                                                              1. Test Burden
                                               burden.                                                    This final rule also incorporates by
                                                                                                                                                                2. Potential Incorporation of International
                                                                                                       reference the following industry                            Electrotechnical Commission Standard
                                               DATES:  The effective date of this rule is              standards into 10 CFR part 430:                             62087
                                               July 1, 2016. The final rule changes will                  ANSI/American Society of Heating,                     J. Sampling Plan and Rounding
                                               be mandatory for representations of                     Refrigerating, and Air Conditioning                         Requirements
                                               energy use or efficiency on or after                    Engineers (ASHRAE) Standard 37–2009,                     K. General Comments
                                               November 28, 2016. The incorporation                    (‘‘ASHRAE Standard 37–2009’’),                        IV. Procedural Issues and Regulatory Review
                                               by reference of certain publications                    Methods of Testing for Rating                            A. Review Under Executive Order 12866
                                               listed in this rule was approved by the                 Electrically Driven Unitary Air-                         B. Review under the Regulatory Flexibility
                                               Director of the Federal Register as of                                                                              Act
                                                                                                       Conditioning and Heat Pump                               C. Review Under the Paperwork Reduction
                                               July 1, 2016.                                           Equipment, ANSI approved June 25,                           Act of 1995
                                               ADDRESSES: The docket, which includes                   2009.                                                    D. Review Under the National
                                               Federal Register notices, public meeting                   International Electrotechnical                           Environmental Policy Act of 1969
                                               attendee lists and transcripts,                         Commission (IEC) 62301 (‘‘IEC 62301’’),                  E. Review Under Executive Order 13132
                                               comments, and other supporting                          Household electrical appliances—                         F. Review Under Executive Order 12988
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                                               documents/materials, is available for                   Measurement of standby power,                            G. Review Under the Unfunded Mandates
                                               review at www.regulations.gov. All                      (Edition 2.0, 2011–01).                                     Reform Act of 1995
                                                                                                                                                                H. Review Under the Treasury and General
                                               documents in the docket are listed in                      Copies of ANSI/ASHRAE Standard                           Government Appropriations Act, 1999
                                               the www.regulations.gov index.                          37–2009 can be obtained from the                         I. Review Under Executive Order 12630
                                               However, some documents listed in the                   American Society of Heating,                             J. Review Under Treasury and General
                                               index, such as those containing                         Refrigerating and Air-Conditioning                          Government Appropriations Act, 2001
                                               information that is exempt from public                  Engineers, Inc., Publication Sales, 1791                 K. Review Under Executive Order 13211



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                                                                  Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations                                         35243

                                                 L. Review Under Section 32 of the Federal             and (4) certification and enforcement                 provide consistency and clarity for
                                                   Energy Administration Act of 1974                   procedures. The testing requirements                  representations of energy use of these
                                                 M. Congressional Notification                         consist of test procedures that                       products. DOE evaluated available
                                                 N. Materials Incorporated by Reference                manufacturers of covered products must                industry test procedures to determine
                                               V. Approval of the Office of the Secretary
                                                                                                       use as the basis for: (1) Certifying to               whether such methodologies would be
                                               I. Authority and Background                             DOE that their products comply with                   suitable for incorporation in a future
                                                 Portable air conditioners (portable                   the applicable energy conservation                    DOE test procedure. To support
                                               ACs) are a type of heating, cooling, and                standards adopted under EPCA, and (2)                 development of a standardized DOE test
                                                                                                       making representations about the                      procedure for portable ACs, DOE
                                               air-conditioning equipment, for which
                                                                                                       efficiency of those products. Similarly,              conducted testing on a range of portable
                                               the U.S. Department of Energy (DOE) is
                                                                                                       DOE must use these test procedures to                 ACs to determine typical cooling
                                               establishing test procedures, subject to
                                                                                                       determine whether the products comply                 capacities and cooling energy
                                               the requirements of 42 U.S.C.
                                                                                                       with any relevant standards                           efficiencies based on the existing
                                               6293(b)(1)(B). DOE is considering
                                                                                                       promulgated under EPCA.                               industry test methods and other
                                               energy conservation standards for                          Under 42 U.S.C. 6293, EPCA sets forth              modified approaches for portable ACs.
                                               portable ACs in a concurrent                            the criteria and procedures DOE must                  DOE presented the results of this testing
                                               rulemaking. The following sections                      follow when prescribing or amending                   for public review and comment in the
                                               discuss DOE’s authority to establish test               test procedures for covered products.                 May 2014 NODA. 79 FR 26639, 26640
                                               procedures for portable ACs and                         EPCA provides in relevant part that any               (May 9, 2014).
                                               relevant background information                         test procedures prescribed or amended                    On February 25, 2015, DOE published
                                               detailing the history of the portable AC                under this section shall be reasonably                in the Federal Register a notice of
                                               test procedure rulemaking.                              designed to produce test results that                 proposed rulemaking (NOPR)
                                               A. Authority                                            measure energy efficiency, energy use or              (hereinafter referred to as the ‘‘February
                                                                                                       estimated annual operating cost of a                  2015 NOPR’’), in which it addressed
                                                  Title III of the Energy Policy and                   covered product during a representative               comments received in response to the
                                               Conservation Act of 1975 (42 U.S.C.                     average use cycle or period of use and                July 2013 NOPD that were not
                                               6291, et seq.; ‘‘EPCA’’ or, ‘‘the Act’’) 1              shall not be unduly burdensome to                     previously addressed in the May 2014
                                               sets forth various provisions designed to               conduct. (42 U.S.C. 6293(b)(3)) In                    NODA, and proposed test procedures
                                               improve energy efficiency. Part B 2 of                  addition, if DOE determines that a test               for single-duct and dual-duct portable
                                               title III establishes the ‘‘Energy                      procedure should be prescribed or                     ACs that would provide a means of
                                               Conservation Program for Consumer                       amended, it must publish proposed test                determining efficiency in various
                                               Products Other Than Automobiles,’’                      procedures and offer the public an                    operating modes, including cooling
                                               which covers consumer products and                      opportunity to present oral and written               mode, heating mode, off-cycle mode,
                                               certain commercial products                             comments on them. (42 U.S.C.                          standby mode, and off mode. 80 FR
                                               (hereinafter referred to as ‘‘covered                   6293(b)(2))                                           10211. For cooling mode and heating
                                               products’’). EPCA authorizes DOE to                                                                           mode, DOE proposed test procedures
                                               establish technologically feasible,                     B. Background
                                                                                                                                                             based on the then-current industry-
                                               economically justified energy                              There are currently no DOE test                    accepted test procedure, AHAM PAC–
                                               conservation standards for covered                      procedures or energy conservation                     1–2014, ‘‘Portable Air Conditioners,’’
                                               products or equipment that would be                     standards for portable ACs. On July 5,                with additional provisions to account
                                               likely to result in significant national                2013, DOE issued a notice of proposed                 for heat transferred to the indoor
                                               energy savings. (42 U.S.C.                              determination (NOPD) of coverage                      conditioned space from the case, ducts,
                                               6295(o)(2)(B)(i)(I)–(VII)) In addition to               (hereinafter referred to as the ‘‘July 2013           and any infiltration air from
                                               specifying a list of covered consumer                   NOPD’’), in which DOE announced that                  unconditioned spaces. DOE also
                                               and industrial products, EPCA contains                  it tentatively determined that portable               proposed various clarifications for
                                               provisions that enable the Secretary of                 ACs meet the criteria under 42 U.S.C.                 cooling mode and heating mode testing,
                                               Energy to classify additional types of                  6292(b)(1) to be classified as a covered              including: (1) Test duct configuration;
                                               consumer products as covered products.                  product. 78 FR 40403. In a final                      (2) instructions for condensate
                                               (42 U.S.C. 6292(a)(20)) For a given                     determination of coverage published in                collection; (3) control settings for
                                               product to be classified as a covered                   the Federal Register on April 18, 2016                operating mode, fan speed, temperature
                                               product, the Secretary must determine                   (the April 2016 Coverage                              set point, and louver oscillation; (4)
                                               that:                                                   Determination), DOE classified portable               clarification of test condition tolerances;
                                                  (1) Classifying the product as a                     ACs as covered consumer products                      and (5) unit placement within the test
                                               covered product is necessary for the                    under EPCA. 81 FR 22514.                              chamber. For off-cycle mode, DOE
                                               purposes of EPCA; and                                      Concurrently, DOE has initiated                    proposed a test procedure that would
                                                  (2) The average annual per-household                 rulemaking processes to establish test                measure energy use when the ambient
                                               energy use by products of each type is                  procedures and energy conservation                    dry-bulb temperature is at or below the
                                               likely to exceed 100 kilowatt-hours                     standards for portable ACs. DOE                       setpoint. DOE also identified relevant
                                               (kWh) per year. (42 U.S.C. 6292(b)(1))                  initiated this test procedure rulemaking              low-power modes, proposed definitions
                                                  Under EPCA, the energy conservation                  with a notice of data availability                    for inactive mode and off mode, and
                                               program consists essentially of four                    (NODA), published on May 9, 2014                      proposed test procedures to determine
                                               parts: (1) Testing, (2) labeling, (3)                   (hereinafter referred to as the ‘‘May 2014            representative energy consumption for
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                                               Federal energy conservation standards,                  NODA’’). 79 FR 26639 (May 9, 2014). In                these modes. Id.
                                                                                                       the May 2014 NODA, DOE addressed                         In the February 2015 NOPR, DOE
                                                 1 All references to EPCA refer to the statute as
                                                                                                       comments received in response to the                  proposed to use a combined energy
                                               amended through the Energy Efficiency                   June 2013 NOPD, and specifically                      efficiency ratio (CEER) metric for
                                               Improvement Act of 2015, Public Law 114–11
                                               (April 30, 2015).                                       recognized those comments that                        representing the overall energy
                                                 2 For editorial reasons, upon codification in the     supported the development of a DOE                    efficiency of single-duct and dual-duct
                                               U.S. Code, Part B was re-designated Part A.             test procedure for portable ACs to                    portable ACs. The CEER metric would


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                                               35244               Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations

                                               represent energy use in all available                          mode test conditions and removal of                    (3) requiring that any single-duct or
                                               operating modes. DOE also proposed a                           heating mode testing; (8) a clarification              dual-duct portable ACs that may be
                                               cooling mode-specific CEER for units                           of the active mode test duration; and (9)              configured in both single-duct and dual-
                                               that do not provide a heating function                         additional technical corrections and                   duct configurations must be tested in
                                               to provide a basis for comparing                               clarifications. Other than the specific                both configurations; and (4)
                                               performance with other cooling                                 amendments newly proposed in the                       incorporating clarifying edits to the duct
                                               products such as room ACs. In addition,                        SNOPR, DOE continued to propose the                    installation instructions and duct
                                               DOE proposed separate energy                                   general test procedure originally                      surface area calculation. DOE is
                                               efficiency ratio (EER) metrics for                             included in the February 2015 NOPR.                    codifying the new test procedure at 10
                                               determining energy efficiency in cooling                       80 FR 74020 (Nov. 17, 2015). In                        CFR part 430, subpart B, appendix CC,
                                               mode and heating mode only. 80 FR                              response to the November 2015 SNOPR,                   to contain provisions for measuring the
                                               10211, 10234–10235 (Feb. 25, 2015). In                         DOE received four written comments                     energy consumption of single-duct and
                                               response to the February 2015 NOPR,                            from interested parties. In the relevant               dual-duct portable ACs in active,
                                               DOE received comments during a public                          sections of this final rule, DOE presents              standby, and off modes. In addition, in
                                               meeting, in which DOE presented the                            those comments, DOE’s responses, and                   this final rule, DOE establishes
                                               proposals, as well as in eight written                         any applicable modifications to DOE’s                  provisions for certification, compliance,
                                               comments from interested parties. DOE                          test procedure.                                        and enforcement for portable ACs in 10
                                               has addressed these comments in the                               DOE also recently initiated a separate              CFR part 429. Specifically, these
                                               subsequent rulemaking publications                             rulemaking to consider establishing                    amendments add new section 10 CFR
                                               discussed below, including this final                          energy conservation standards for                      429.62 with requirements for
                                               rule.                                                          portable ACs. DOE received additional                  determining SACC and CEER for a basic
                                                                                                              test procedure-related comments during                 model.
                                                  On November 17, 2015, DOE                                   the preliminary analysis stage of this
                                               published in the Federal Register a                            concurrent energy conservation                         III. Discussion
                                               supplemental notice of proposed                                standards rulemaking and addresses
                                               rulemaking (SNOPR) (hereinafter                                those comments in this final rule. Any                    In this test procedure final rule, DOE
                                               referred to as the ‘‘November 2015                             new standards would be based on the                    is adopting definitions, test procedures,
                                               SNOPR), in which DOE proposed                                  same efficiency metrics derived from                   and certification and enforcement
                                               additions and clarifications to its                            the test procedure that DOE is                         requirements for portable ACs. These
                                               proposed portable AC test procedure.                           establishing in this final rule.                       provisions will be incorporated into
                                               The additions and clarifications                                                                                      relevant sections of parts 429 and 430 of
                                               included: (1) Minor revisions to the                           II. Synopsis of the Final Rule                         Title 10 of the CFR, as specified in Table
                                               indoor and outdoor cooling mode test                              DOE has reviewed its analysis and                   III.1. The definitions discussed and
                                               conditions; (2) an additional test                             comments received in response to the                   established in this final rule include
                                               condition for cooling mode testing; (3)                        November 2015 SNOPR, and has                           various operating modes (cooling mode,
                                               updated infiltration air and capacity                          concluded that the proposals contained                 off-cycle mode, standby mode, inactive
                                               calculations to account for the second                         therein, including proposals that                      mode, and off mode), duct
                                               cooling mode test condition, in the form                       remained unchanged from the February                   configurations (single-duct and dual-
                                               of new condition-specific adjusted                             2015 NOPR, warrant adoption of a new                   duct), and performance metrics
                                               cooling capacities (ACC95 and ACC83)                           test procedure for single-duct and dual-               (seasonally adjusted cooling capacity
                                               and the newly introduced seasonally                            duct portable ACs except as follows: (1)               and combined energy efficiency ratio).
                                               adjusted cooling capacity (SACC); (4)                          Adopting a lower value for the duct                    The test procedures established in this
                                               removal of the measurement of case heat                        convection heat transfer coefficient; (2)              final rule provide a measure of portable
                                               transfer; (5) a clarification of test unit                     slightly revising the proposed                         AC performance under representative
                                               placement within the test chamber; (6)                         definitions of ‘‘single-duct portable air              operating modes and conditions, which
                                               removal of the heating mode test                               conditioner’’ and ‘‘dual-duct portable                 are discussed further in this final rule.
                                               procedure; (7) a revision to the CEER                          air conditioner’’ and withdrawing the                  DOE further establishes test sampling
                                               calculation to reflect the two cooling                         proposed definition for ‘‘spot cooler;’’               requirements.

                                                TABLE III.1—SUMMARY OF FINAL RULE PROVISIONS, THEIR LOCATION WITHIN THE CODE OF FEDERAL REGULATIONS, AND
                                                                                   THE APPLICABLE PREAMBLE DISCUSSION

                                                                                                                                                                                           Applicable preamble
                                                        CFR Location                               Topics                                     Summary of provisions                             discussion

                                               10 CFR 429.62 ....................    Sampling Plan ...................        Minimum number of portable ACs to be tested to rate      Section III.J.
                                                                                                                                a portable AC basic model.
                                               10 CFR 430.2 ......................   Definitions ..........................   Definitions pertinent to categorizing and testing of     Section III.A.
                                                                                                                                portable ACs.
                                               10 CFR 429.4 and 10 CFR               Incorporation by Reference               Description of industry standards incorporated by ref-   Section IV.N.
                                                 430.3.                                                                         erence in the DOE test procedure.
                                               10 CFR 430.23(dd) and Ap-             Test Procedure ..................        Instructions for determining the SACC and CEER for       Sections III.C, III.F, III.G,
                                                 pendix CC to Subpart B.                                                        applicable portable ACs.                                 and III.H.
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                                                 The Pacific Gas and Electric Company                         Electric Company (SDG&E) (hereinafter                  supported DOE’s rulemakings to
                                               (PG&E), Southern California Gas                                the ‘‘California Investor-Owned Utilities              establish energy conservations
                                               Company (SCGC), Southern California                            (IOUs)’’), the National Association of                 standards and test procedures for
                                               Edison (SCE), and San Diego Gas and                            Manufacturers (NAM), and AHAM                          portable ACs. AHAM further stated that



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                                                                  Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations                                        35245

                                               the test procedure should include                       a. Single-Duct and Dual-Duct Portable                 accessories for spot coolers. DOE
                                               repeatable and reproducible measures                    ACs                                                   observed that the optional ducting
                                               that are representative of actual                          DOE proposed in the February 2015                  accessories for these products are
                                               consumer use, but not unduly                            NOPR to define a single-duct portable                 typically available in a range of sizes
                                               burdensome to conduct. (California                      AC as a portable AC that draws all of the             and configurations, which precludes
                                               IOUs, No. 20 at p. 1; NAM, No. 17 at p.                 condenser inlet air from the conditioned              DOE from determining a representative
                                               1; AHAM, No. 18 at p. 1; AHAM, No.                      space without the means of a duct, and                ducted setup for testing. See section
                                               23 at pp. 1–2) 3                                        discharges the condenser outlet air                   III.A.1.b of this preamble for further
                                                                                                       outside the conditioned space through a               discussion of the testing concerns for
                                               A. Covered Products and Configurations                  single duct. 80 FR 10211, 10215–10216                 spot coolers with optional ducting.
                                                                                                       (Feb. 25, 2015). DOE also proposed a                     DOE also revisited the product
                                                  In the April 2016 Coverage                                                                                 specifications and manufacturer
                                               Determination, DOE established the                      definition of a dual-duct portable AC as
                                                                                                       a portable AC that draws some or all of               information for the products it had
                                               definition of a portable AC as a portable                                                                     considered single-duct and dual-duct
                                                                                                       the condenser inlet air from outside the
                                               encased assembly, other than a                                                                                portable ACs in the February 2015
                                                                                                       conditioned space through a duct, and
                                               packaged terminal air conditioner, room                 may draw additional condenser inlet air               Preliminary Analysis. DOE observed
                                               air conditioner, or dehumidifier, that                  from the conditioned space. DOE further               that all single-duct and dual-duct
                                               delivers cooled, conditioned air to an                  defined a dual-duct portable AC as                    portable ACs include similar ducting
                                               enclosed space, and is powered by                       discharging the condenser outlet air                  configurations that include adjustable
                                               single-phase electric current. The                      outside the conditioned space by means                window mounting brackets for the
                                               definition also states that a portable AC               of a separate duct. Id. at 10216. The                 condenser ducts. DOE determined that
                                               includes a source of refrigeration and                  portable AC configuration definitions                 single-duct and dual-duct portable ACs
                                               may include additional means for air                    proposed in the February 2015 NOPR                    implement an adjustable window
                                               circulation and heating. 81 FR 22514,                   were the basis for the development of                 mounting bracket to maintain
                                               22516, 22519, 22520 (April 18, 2016).                   the concurrent energy conservation                    portability and flexibility for users to
                                                                                                       standards rulemaking preliminary                      install these products in multiple
                                               This definition encompasses several
                                                                                                                                                             locations while exhausting condenser
                                               categories and configurations of portable               analysis, published on February 27,
                                                                                                                                                             air outside through the most common
                                               ACs. For the purposes of specifying the                 2015 (February 2015 Preliminary
                                                                                                                                                             available spaces—windows of varying
                                               appropriate test method(s) and,                         Analysis). DOE also maintained these
                                                                                                                                                             sizes. DOE also notes that it found no
                                               potentially, energy conservation                        proposed definitions in the November
                                                                                                                                                             spot coolers that have an adjustable
                                               standards for these different categories                2015 SNOPR.
                                                                                                          In response to the February 2015                   window mounting bracket with the
                                               and configurations of portable ACs, DOE                                                                       optional duct accessories. DOE
                                               is adopting specific definitions for                    Preliminary Analysis, DENSO Products
                                                                                                       and Services Americas, Inc. (DENSO)                   identified the presence of an adjustable
                                               ‘‘single-duct portable air conditioner’’                                                                      window mounting bracket as a primary
                                               and ‘‘dual-duct portable air                            expressed concern that the terminology
                                                                                                                                                             feature of single-duct and dual-duct
                                                                                                       for a dual-duct configuration could be
                                               conditioner,’’ and clarifying the test                                                                        portable ACs. The corresponding
                                                                                                       potentially misleading. (DENSO,
                                               method for convertible products. DOE                                                                          consistency in installation enabled the
                                                                                                       Standards Preliminary Analysis, No. 13
                                               discusses these definitions and test                                                                          development of a test procedure that
                                                                                                       at p. 9) 4 DOE notes that the definition
                                               provisions, including any comments                                                                            yields energy use results representative
                                                                                                       of a dual-duct portable AC requires
                                               received related to them, in section                                                                          of real-world use. As discussed in
                                                                                                       ducts at both the condenser inlet and
                                               III.A.1 and section III.A.2 of this rule.                                                                     section III.A.1.b of this preamble,
                                                                                                       outlet. This definition would exclude
                                                                                                                                                             portable ACs without adjustable
                                               1. Configuration Definitions                            other portable AC configurations with                 window mounting brackets for
                                                                                                       two ducts, such as portable ACs                       condenser ducts (e.g., spot coolers) may
                                                 In the February 2015 NOPR, DOE                        equipped with inlet and outlet ducts on               be installed and used in a variety of
                                               identified three general categories of                  the evaporator side, but without ducts at             applications and are not addressed by
                                               portable ACs, distinguished by duct                     the condenser inlet and outlet.                       this test procedure. DOE, therefore,
                                               configuration and associated handling                   However, DOE is aware that some                       establishes in this final rule the
                                               of condenser air flow. Accordingly, DOE                 manufacturers may sell these portable                 following single-duct portable AC and
                                               proposed definitions for these three                    ACs (defined as ‘‘spot coolers’’ in the               dual-duct portable AC definitions in 10
                                               configurations: ‘‘single-duct portable air              February 2015 NOPR and November                       CFR 430.2, which include the
                                               conditioners,’’ ‘‘dual-duct portable air                2015 SNOPR) with optional inlet and/or                requirement for an adjustable window
                                               conditioners,’’ and ‘‘spot coolers.’’ 80                outlet ducts for the condenser side.                  bracket.
                                               FR 10211, 10214–10216 (Feb. 25, 2015).                  Therefore, DOE considered whether                        Single-duct portable air conditioner
                                               The various ducting configurations are                  these products with the optional duct(s)              means a portable air conditioner that
                                               discussed in more detail in the                         installed could be considered single-                 draws all of the condenser inlet air from
                                                                                                       duct or dual-duct portable ACs. DOE                   the conditioned space without the
                                               following sections.
                                                                                                       reviewed product specifications,                      means of a duct, and discharges the
                                                  3 A notation in the form ‘‘California IOUs, No. 20
                                                                                                       manufacturer information, and available               condenser outlet air outside the
                                               at p. 1’’ identifies a written comment: (1) Made by                                                           conditioned space through a single duct
                                                                                                         4 A notation in the form ‘‘DENSO, Preliminary
                                               the Pacific Gas and Electric Company, Southern                                                                attached to an adjustable window
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                                                                                                       Analysis, No. 13 at p. 9’’ identifies a written
                                               California Gas Company, Southern California
                                                                                                       comment: (1) Made by DENSO Products and               bracket.
                                               Edison, and San Diego Gas and Electric Company          Services Americas, Inc.; (2) recorded in document        Dual-duct portable air conditioner
                                               (‘‘the California IOUs’’); (2) recorded in document     number 13 that is filed in the docket of the          means a portable air conditioner that
                                               number 20 that is filed in the docket of this test      concurrent energy conservation standards
                                               procedure rulemaking (Docket No. EERE–2014–
                                                                                                                                                             draws some or all of the condenser inlet
                                                                                                       rulemaking (Docket No. EERE–2013–BT–STD–0013)
                                               BT–TP–0014) and available for review at                 and available for review at www.regulations.gov;
                                                                                                                                                             air from outside the conditioned space
                                               www.regulations.gov; and (3) which appears on           and (3) which appears on page 9 of document           through a duct attached to an adjustable
                                               page 1 of document number 20.                           number 13.                                            window bracket, may draw additional


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                                               35246             Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations

                                               condenser inlet air from the conditioned                portable AC because the portable AC                   information to determine appropriate
                                               space, and discharges the condenser                     would not be able to reject heat from the             test setup and testing conditions to
                                               outlet air outside the conditioned space                condenser to the ambient air through a                measure spot cooler energy use in a
                                               by means of a separate duct attached to                 window to space outside that in which                 representative test procedure. Therefore,
                                               an adjustable window bracket.                           the unit is located (i.e., the conditioned            DOE is establishing testing requirements
                                                  In reviewing the February 2015 NOPR                  space), as is required by the single-duct             for only single-duct and dual-duct
                                               proposal, DOE noted that the terms                      and dual-duct portable AC definitions.                portable ACs at this time, as discussed
                                               ‘‘single-duct portable air conditioner’’                Ducts optionally attached to the                      in section III.A.1.a of this preamble.
                                               and ‘‘dual-duct portable air                            evaporator side would simply direct the                 Upon review of the spot cooler entries
                                               conditioner’’ are used in provisions of                 delivery of the cooling air to a specific             in the CEC Appliance Efficiency
                                               the DOE regulations outside of the test                 zone within the conditioned space.                    Database,5 DOE concludes that a
                                               procedure that will be codified at                        Optional ducts that may be attached                 number of listed products would meet
                                               appendix CC to part 430 of Title 10 of                  to spot coolers on the condenser side                 DOE’s definitions of single-duct or dual-
                                               the CFR. For example, the terms are                     vary significantly in purpose and design              duct portable ACs. Such single-duct or
                                               used in the general test procedure                      from those accompanying single-duct                   dual-duct portable ACs would be
                                               instructions to be codified at 10 CFR                   and dual-duct portable ACs (i.e., spot                covered by the test procedures adopted
                                               430.23(dd). Therefore, to ensure the                    cooler condensers are not typically                   in this final rule. DOE also notes that,
                                               appropriate scope of applicability for                  intended to be ducted through a                       because spot coolers meet the definition
                                               the single-duct and dual-duct portable                  window by means of an adjustable                      of a portable AC as established by the
                                               AC definitions, DOE is codifying these                  mounting bracket, but instead may be                  April 2016 Coverage Determination,
                                               definitions at 10 CFR 430.2.                            ducted through the ceiling or to a                    they are covered products under EPCA.
                                                                                                       specific location within or outside the                 The Appliance Standards Awareness
                                               b. Other Portable ACs                                                                                         Project (ASAP), Alliance to Save Energy
                                                                                                       conditioned space by typically longer
                                                  In the February 2015 NOPR, DOE                       and larger-diameter ducts). Under the                 (ASE), American Council for an Energy-
                                               described ‘‘spot coolers’’ as portable                  definitions established in this final rule            Efficient Economy (ACEEE), National
                                               ACs that have no ducting on the                         for single-duct and dual-duct portable                Consumer Law Center (NCLC), Natural
                                               condenser side and may utilize small                    ACs, a portable AC with optional ducts                Resources Defense Council (NRDC), and
                                               directional ducts on the evaporator                     on the condenser side that do not attach              Northwest Energy Efficiency Alliance
                                               exhaust. DOE noted that typical                         to an adjustable window mounting                      (NEEA) (hereinafter the ‘‘NOPR Joint
                                               applications for spot coolers are those                 bracket would not classify the product                Commenters’’) and the California IOUs,
                                               that require cooling in one localized                   as a single-duct or dual-duct portable                expressed concern, in response to the
                                               zone and can tolerate exhaust heat                      AC.                                                   February 2015 NOPR, that products not
                                               outside of this zone. These applications                  The California IOUs urged DOE to                    intended to be used as spot coolers
                                               are typically larger spaces with harsh                  adopt test procedures and consider                    could meet the definition of spot cooler
                                               conditions, and spot coolers are                        future performance standards for spot                 and thereby avoid having to comply
                                               therefore generally more robust in                      coolers under DOE’s proposed                          with portable AC standards. (NOPR
                                               construction than their single-duct and                 definitions. The California IOUs noted                Joint Commenters, No. 19 at p. 2;
                                               dual-duct portable AC counterparts. As                  that 321 of the 427 spot cooler models                California IOUs, No. 20 at p. 2) In
                                               such, DOE proposed defining a spot                      in the California Energy Commission                   response to the concern raised by the
                                               cooler as a portable AC that draws                      (CEC) Appliance Efficiency Database                   NOPR Joint Commenters and California
                                               condenser inlet air from and discharges                 have cooling capacities below 14,000                  IOUs, DOE does not expect that
                                               condenser outlet air to the conditioned                 British thermal units per hour (Btu/hr),              manufacturers would begin selling
                                               space, and draws evaporator inlet air                   and assumed this distribution is an                   products in spot cooler configurations
                                               from and discharges evaporator outlet                   indicator of widespread market                        due to the consumer utility impacts of
                                               air to a localized zone within the                      availability of products below 14,000                 exhausting the hot condenser air within
                                               conditioned space. In the February 2015                 Btu/hr. The California IOUs further                   the conditioned space.
                                               NOPR, DOE did not propose testing                       commented that, should DOE decide not                   NAM urged DOE to exclude
                                               provisions for measuring the energy                     to adopt test procedures for spot coolers,            commercial portable ACs 6 from the
                                               performance of spot coolers because                     DOE should define spot coolers as a                   portable AC test procedure due to the
                                               these products do not provide net                       non-covered product in order to avoid                 unique construction and limited energy
                                               cooling to the conditioned space, and                   coverage for a category of equipment                  use of these niche products. Oceanaire
                                               because they incorporate different                      without establishing any standards,                   and NAM explained that commercial
                                               design features and usage patterns than                 thereby preempting any state                          portable ACs are primarily used to
                                               single-duct and dual-duct portable ACs.                 regulations. (California IOUs, No. 20 at              address temporary or short-term
                                               80 FR 10211, 10213, 10214–10215 (Feb.                   pp. 1–2; California IOUs, No. 24 at p. 4)             extreme conditions (elevated
                                               25, 2015).                                              In this final rule, DOE maintains the                 temperature, humidity, and corrosive
                                                  In response to the February 2015                     approach proposed in the February 2015                surroundings). These commenters stated
                                               Preliminary Analysis, DENSO                             NOPR to not establish test procedures                 that commercial portable AC
                                               commented that a spot cooler with                       for spot coolers because they do not                  environmental conditions vary more
                                               optional ducts on either the condenser                  provide net cooling to the conditioned                significantly than those in consumer
                                               or evaporator side should still be                      space and they incorporate different                  households, and therefore, claimed that
                                               classified as a spot cooler rather than a               design features and usage patterns than
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                                               single-duct or dual-duct portable AC.                   single-duct and dual-duct portable ACs.                 5 The CEC Appliance Efficiency Database is

                                               (DENSO, Standards Preliminary                           Additionally, due to the significant                  accessible at https://cacertappliances
                                               Analysis, No. 13 at pp. 1–2)                            variability in operating conditions and               .energy.ca.gov/Pages/ApplianceSearch.aspx.
                                                                                                                                                               6 DOE expects that ‘‘commercial portable ACs,’’ as
                                                  DOE agrees that a portable AC with no                installation configurations (including
                                                                                                                                                             discussed by NAM and Oceanaire, likely refers to
                                               ducts on the condenser side, but with                   the variety of optional accessories) for              spot coolers. This determination was based on
                                               ducts on the evaporator side, would not                 spot coolers with optional condenser                  reviewing their overall comments and Oceanaire’s
                                               be considered a single-duct or dual-duct                ducting attached, DOE does not have                   product availability.



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                                                                 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations                                         35247

                                               a single ambient test condition would                   for single-ducting and dual-ducting,                  longer proposed a separate definition of
                                               not accurately reflect commercial                       such a unit would be required to be                   ‘‘active mode’’ for portable ACs. 80 FR
                                               portable AC performance. (Oceanaire,                    tested as a single-duct portable AC and               74020, 74022 (Nov. 27, 2015).
                                               No. 10 at pp. 2–3; NAM, No. 17 at pp.                   a dual-duct portable AC. To the extent                   AHAM agreed with DOE’s proposal to
                                               2–3) DOE established a definition and                   DOE establishes energy conservation                   remove the expanded definition for
                                               coverage for portable ACs in the April                  standards for single-duct and dual-duct               active mode from the test procedure.
                                               2016 Coverage Determination. 81 FR                      portable ACs, a single-duct or dual-duct              (AHAM, No. 23 at p. 2) DOE maintains
                                               22514, 22516–22517, 22519–22520                         portable AC distributed in commerce                   the November 2015 SNOPR proposal
                                               (April 18, 2016). This definition                       with multiple duct configurations                     and does not establish a separate
                                               requires that a portable AC operate on                  would also be required to comply with                 definition of ‘‘active mode’’ for portable
                                               single-phase electric current, which                    any energy conservation standards                     ACs in this final rule.
                                               DOE expects would exclude those                         applicable to those configurations. DOE
                                               products intended only for use in                       notes that DOE’s definition of                        C. Cooling Mode
                                               industrial applications. Any products                   ‘‘distributed in commerce’’ includes any              1. General Test Approach
                                               that meet the portable AC definition are                representations made on manufacturer
                                                                                                                                                                In the November 2015 SNOPR, DOE
                                               subject to the test procedures in this                  Web sites or in marketing literature,
                                                                                                                                                             proposed a test procedure with
                                               final rule, if applicable, and would be                 including optional accessories,
                                                                                                                                                             provisions for measuring portable AC
                                               subject to any energy conservation                      regardless of the configuration in which
                                                                                                                                                             energy use in cooling mode that would
                                               standards should DOE establish them.                    the model is typically sold. That is, if a
                                                                                                                                                             be based on the current version of
                                               As discussed earlier in this section, DOE               single-duct or dual-duct portable AC is
                                                                                                                                                             AHAM PAC–1, ANSI/AHAM PAC–1–
                                               is establishing test procedures only for                advertised as capable of operating in
                                                                                                                                                             2015. The general test method in ANSI/
                                               single-duct and dual-duct portable ACs                  both a single-duct and dual-duct
                                                                                                                                                             AHAM PAC–1–2015 measures cooling
                                               in this final rule. Accordingly, any                    configuration, that model would meet
                                                                                                                                                             capacity and EER based on an air
                                               portable ACs that meet the single-duct                  DOE’s definitions of both single-duct
                                               and dual-duct portable AC definitions                   and dual-duct portable ACs and,                       enthalpy approach that measures the air
                                               are required to be tested according to                  therefore, would be required to be tested             flow rate, dry-bulb temperature, and
                                               appendix CC. Although DOE has                           and certified under both configurations.              water vapor content of air at the inlet
                                               identified portable AC configurations                      This approach is similar to how DOE                and outlet of the portable AC when it is
                                               other than single-duct and dual-duct                    has treated other types of covered                    installed in a test chamber at specified
                                               portable ACs, DOE is not establishing                   products and equipment, including                     indoor ambient conditions and the
                                               test procedures for such portable ACs in                dehumidifiers. In the recent                          ducts are connected to a second
                                               this final rule because it has not                      dehumidifier test procedure final rule,               chamber at specified outdoor ambient
                                               identified testing provisions that would                DOE explained that products that meet                 conditions. DOE noted in the November
                                               be representative of operation during                   the definitions for both portable and                 2015 SNOPR that AHAM issued this
                                               typical use. Further, because the test                  whole-home dehumidifiers as produced                  new version of PAC–1 in 2015, with no
                                               procedures established in this final rule               by the manufacturer, exclusive of any                 changes in language from the 2014
                                               apply only to single-duct and dual-duct                 third-party modifications, must be                    version. Therefore, although DOE
                                               portable ACs as discussed previously in                 tested in both configurations and                     previously proposed in the February
                                               this rule, DOE is not establishing the                  comply with any applicable energy                     2015 NOPR to adopt a test procedure for
                                               spot cooler definition proposed in the                  conservations standards for each                      portable ACs that would be based on
                                               February 2015 NOPR and November                         configuration. 80 FR 45802, 45806 (July               AHAM PAC–1–2014, DOE proposed in
                                               2015 SNOPR, as DOE has determined                       31, 2015). Therefore, under this final                the November 2015 SNOPR to reference
                                               that it is not necessary for purposes of                rule, single-duct and dual-duct portable              the identical updated version, ANSI/
                                               testing or product classification.                      ACs that are distributed in commerce                  AHAM PAC–1–2015, in the proposed
                                                  In conclusion, DOE is establishing, in               with multiple duct configuration                      DOE portable AC test procedure in order
                                               this final rule, definitions for single-                options must be tested in each                        to reference the most current industry
                                               duct and dual-duct portable ACs. As                     applicable configuration and the                      version. 80 FR 74020, 74023 (Nov. 27,
                                               noted in section III.A.1.a of this final                performance in each tested                            2015).
                                               rule, DOE is codifying these definitions                configuration must comply with any                       AHAM supported the updated
                                               at 10 CFR 430.2, rather than appendix                   applicable energy conservation                        reference to ANSI/AHAM PAC–1–2015,
                                               CC, to reflect their applicability to the               standards.                                            confirming that the two versions are
                                               entirety of DOE’s portable AC                                                                                 identical and noting that ANSI/AHAM
                                                                                                       B. Active Mode                                        PAC–1–2015 was a re-publication under
                                               regulations, not only the test methods
                                               contained in appendix CC.                                 In the February 2015 NOPR, DOE                      ANSI requirements. (AHAM, No. 23 at
                                                                                                       proposed to define ‘‘active mode’’ as a               p. 2)
                                               2. Convertible Products                                 mode in which the portable AC is                         DOE maintains the November 2015
                                                  DOE recognizes that some single-duct                 connected to a mains power source, has                SNOPR proposal and establishes ANSI/
                                               or dual-duct portable ACs may provide                   been activated, and is performing the                 AHAM PAC–1–2015 as the basis for the
                                               the consumer with the option to operate                 main functions of cooling or heating the              DOE portable AC test procedure in this
                                               the unit as either a single-duct or dual-               conditioned space, circulating air                    final rule.
                                               duct portable AC. If a product is                       through activation of its fan or blower                  DOE determined, however, in the
                                               distributed in commerce in both                         without activation of the refrigeration               February 2015 NOPR and November
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                                               configurations, the different                           system, or defrosting the refrigerant coil.           2015 SNOPR that the results from ANSI/
                                               configurations represent different ‘‘basic              80 FR 10211, 10216 (Feb. 25, 2015). In                AHAM PAC–1–2015 tests do not fully
                                               models’’ within DOE’s regulatory                        the November 2015 SNOPR, DOE                          account for operational factors that
                                               framework and the product must be                       determined that the existing statutory                contribute to an apparent reduction of
                                               rated and certified in both                             definition of ‘‘active mode’’ was                     cooling capacity in the field, namely air
                                               configurations. If a single-duct or dual-               sufficient for purposes of the portable               infiltration from outside the conditioned
                                               duct portable AC is offered with options                AC test procedure and therefore no                    space and heat transfer through the


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                                               35248             Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations

                                               ducts and product case. DOE observed                    DOE determined that the use of ANSI/                  Meeting Transcript, No. 13 at pp. 13–15,
                                               that infiltration from outside the                      AHAM PAC–1–2015 alone would not                       40; De’ Longhi, No. 16 at pp. 1–3)
                                               conditioned space occurs due to the                     accurately represent portable AC                         In response to De’ Longhi’s concerns
                                               negative pressure induced as condenser                  performance. Further, DOE’s testing                   regarding disproportionate impacts on
                                               air is exhausted outside the conditioned                results indicated that varying air flow               single-duct portable ACs when
                                               space. Although this effect is most                     rates and heat losses among different                 infiltration air is accounted for, DOE
                                               pronounced for single-duct units, which                 portable ACs would preclude a fixed                   notes that DOE’s test procedure must
                                               draw all of their condenser air from                    translation factor that could be applied              provide an accurate representation of
                                               with the conditioned space, dual-duct                   to the results of ANSI/AHAM PAC–1–                    portable AC energy consumption during
                                               units also typically draw a portion of                  2015 to account for the impact of air                 an average cycle of use. As noted
                                               their condenser air from the conditioned                infiltration. 80 FR 10211, 10221 (Feb.                previously, single-duct portable ACs
                                               space, which creates a negative pressure                25, 2015). DOE requested additional                   typically generate higher rates of
                                               in the conditioned space, leading to                    portable AC usage data from interested                infiltration air than comparable dual-
                                               infiltration air from unconditioned                     parties in both the February 2015 NOPR                duct units, and such infiltration affects
                                               spaces (e.g., outdoors, attics, and                     and November 2015 SNOPR and                           the capacity and efficiency. Therefore,
                                               crawlspaces). Accordingly, DOE                          received no specific information that                 DOE believes it is appropriate to address
                                               proposed in the February 2015 NOPR                      would impact DOE’s proposals. DOE                     the impacts of infiltration air in the
                                               numerical calculations that would                       further notes, as discussed in section I.A            SACC and CEER, as this represents
                                               adjust the measured cooling capacity by                 of this final rule, that in accordance                expected installation and performance.
                                               subtracting the sensible and latent heat                with EPCA, a test procedure must be                      However, as discussed further in
                                               transfer of infiltration air at the outdoor             designed to produce test results that                 section III.C.2, section III.C.3, and III.H
                                               conditions, as well as measured duct                    measure energy efficiency during a                    of this final rule, the rating conditions
                                               and case heat transfer. 80 FR 10211,                    representative average period of use. (42             and SACC calculation proposed in the
                                               10223–10227 (Feb. 25, 2015); 80 FR                      U.S.C. 6293(b)(3)) Consequently, a DOE                November 2015 SNOPR mitigate De’
                                               74020, 74026–74030 (Nov. 27, 2015).                     test procedure need not predict                       Longhi’s concerns. DOE recognizes that
                                               DOE received multiple comments                          performance under every application,                  the impact of infiltration on portable AC
                                               regarding these proposed adjustments.                   but rather under reasonably                           performance is test-condition dependent
                                               Comments relating to the incorporation                  representative conditions applied                     and, thus, more extreme outdoor test
                                               of infiltration air adjustments are                     consistently across all products.                     conditions (i.e., elevated temperature
                                               discussed in this section, while those                  Therefore, DOE maintains its                          and humidity) emphasize any
                                               pertaining to duct and case heat transfer               determination that the effects of                     infiltration-related performance
                                               are discussed later in section III.C.5 and                                                                    differences. The rating conditions and
                                                                                                       infiltration air must be accounted for in
                                               section III.C.6 of this final rule.                                                                           weighting factors proposed in the
                                                                                                       the portable AC test procedure it
                                                  Related to an adjustment for                                                                               November 2015 SNOPR, and adopted in
                                                                                                       establishes in this final rule, as it
                                               infiltration, ASAP supported                                                                                  this final rule (see section III.C.2.a and
                                                                                                       represents the performance of portable
                                               incorporating the effects of infiltration                                                                     section III.C.3 of this final rule),
                                                                                                       ACs under their typical installations
                                               air in the measure of cooling capacity.                                                                       represent more moderate conditions
                                                                                                       and applications.
                                               (ASAP, Public Meeting Transcript, No.                                                                         than those proposed in the February
                                               13 at p. 44) Conversely, AHAM and De’                      De’ Longhi expressed concern that                  2015 NOPR. Therefore, the performance
                                               Longhi Appliances s.r.l. (De’ Longhi)                   modifying the AHAM PAC–1–2014                         impact of infiltration air heat transfer on
                                               opposed DOE’s proposal to apply a                       method to account for infiltration air                all portable AC configurations is less
                                               numerical adjustment for infiltration air               would disproportionately impact single-               extreme. In consideration of the changes
                                               to the results of ANSI/AHAM PAC–1–                      duct portable AC performance and                      in test conditions and performance
                                               2015 testing. They indicated that it is                 subsequently cause the removal of such                calculations since the February 2015
                                               not possible to identify or incorporate                 products from the market. De’ Longhi                  NOPR and the test procedure
                                               realistic infiltration air field conditions             asserted that single-duct portable ACs                established in this final rule, DOE
                                               in a test procedure. AHAM suggested                     provide a unique consumer utility,                    expects that single-duct portable AC
                                               that factors such as home construction,                 allowing for easy installation, lighter               performance is significantly less
                                               floorplan, insulation, and leakage are all              weights, smaller dimensions, and the                  impacted by infiltration air.
                                               variables that affect the impact of                     corresponding ability to easily move the                 Friedrich stated that the test
                                               infiltration air and are outside the                    equipment from room to room.                          procedure requires both rooms to be
                                               control of the manufacturing process.                   According to De’ Longhi, overall energy               within 6 percent of the measured
                                               According to AHAM, unlike duct heat                     consumption may be reduced by using                   cooling or heating capacity, and
                                               transfer and leakage loss which can be                  single-duct portable ACs because no                   therefore, because the rooms are
                                               controlled and, to some extent,                         room is conditioned unnecessarily.                    balanced and there is a minor amount
                                               standardized, air infiltration cannot be                Therefore, De’ Longhi did not agree with              of pressure differential between both
                                               standardized without assumptions to                     the proposal to modify the cooling                    rooms, there is no need to take into
                                               analyze the variables. Additionally,                    capacity equation in AHAM PAC–1–                      account the infiltrated air. (Friedrich,
                                               AHAM urged DOE to obtain portable                       2014 to address the effects of infiltration           Public Meeting Transcript, No. 13 at pp.
                                               AC-specific data to support its proposed                air. De’ Longhi further noted that a                  44–45) DOE infers that Friedrich’s
                                               test procedure. (AHAM, No. 23 at pp. 1–                 certain amount of fresh air (make up air)             comment references Section 7.2 of
                                               3; De’ Longhi, No. 25 at p. 1)                          is always required for proper                         ANSI/ASHRAE Standard 37–2009,
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                                                  Data presented in the February 2015                  ventilation. For residential occupancies,             ‘‘Methods of Testing for Rating
                                               NOPR demonstrated that the net cooling                  one to two air changes per hour are                   Electrically Driven Unitary Air-
                                               of portable ACs is generally significantly              recommended. So the effect of air                     Conditioning and Heat Pump
                                               lower than the air enthalpy                             ventilation should be considered also,                Equipment’’ (ANSI/ASHRAE Standard
                                               measurements in ANSI/AHAM PAC–1–                        in general, for all air conditioning                  37–2009), which specifies that two
                                               2015 would suggest, primarily due to                    categories or it should be discounted for             simultaneous tests be conducted to
                                               the effects of air infiltration. Therefore,             portable ACs. (De’ Longhi, Public                     determine the capacity of products rated


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                                                                     Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations                                                    35249

                                               at less than 135,000 Btu/h, and Section                       rule, DOE maintains that the initial                   conditions for cooling mode testing,
                                               10.1.2 of that standard which specifies                       measured cooling capacity prior to other               adopting the conditions in Table 3,
                                               that the results of these tests must agree                    adjustments be based on the indoor                     ‘‘Standard Rating Conditions,’’ in ANSI/
                                               within 6 percent. However, these                              cooling capacity, as described in Section              AHAM PAC–1–2015, shown in Table
                                               sections of ANSI/ASHRAE Standard 37–                          7.3 of ANSI/ASHRAE Standard 37–2009                    III.2, where Test Configuration 3 applies
                                               2009 are not referenced in ANSI/AHAM                          and referenced in Section 7.1.b of ANSI/               to dual-duct units and Test
                                               PAC–1–2015, nor were they referenced                          AHAM PAC–1–2015.                                       Configuration 5 applies to single-duct
                                               in the proposed DOE test procedure in                         2. Rating Conditions                                   units.7 80 FR 10211, 10226 (Feb. 25,
                                               the February 2015 NOPR or November                                                                                   2015).
                                               2015 SNOPR. Therefore, Friedrich’s                            a. Test Chamber Temperatures
                                               comment does not apply to the DOE                                In the February 2015 NOPR, DOE
                                               portable AC test procedure. In this final                     proposed the following standard rating

                                                                             TABLE III.2—STANDARD RATING CONDITIONS—COOLING MODE—NOPR PROPOSAL
                                                                                                               Evaporator inlet air, °F (°C)                                Condenser inlet air, °F (°C)
                                                           Test configuration
                                                                                                          Dry bulb                        Wet bulb                     Dry bulb                     Wet bulb

                                               3 (Dual-Duct) ...................................                   80.6 (27)                     66.2 (19)                        95 (35)                    75.2 (24)
                                               5 (Single-Duct) .................................                   80.6 (27)                     66.2 (19)                      80.6 (27)                    66.2 (19)



                                                 In response to the February 2015                            particularly room ACs and central ACs.                 wet-bulb temperature test condition. For
                                               NOPR, DENSO suggested that the                                Therefore, to maintain consistency with                single-duct units, as both the evaporator
                                               relative humidity conditions differed                         the DOE test procedures of other cooling               inlet and condenser inlet air conditions
                                               significantly between the 2009 and 2014                       products, DOE proposed in the                          are based on the indoor air condition,
                                               versions of AHAM PAC–1 and that the                           November 2015 SNOPR to revise the                      the air enthalpy test is not affected by
                                               test conditions should be expressed in                        test conditions proposed in the February               the outdoor air conditions. The effects
                                               whole degrees. Based on DENSO’s                               2015 NOPR to align with the test                       of any infiltration air are then calculated
                                               comment, in the November 2015                                 conditions in AHAM PAC–1–2009.                         rather than tested directly. Accordingly,
                                               SNOPR, DOE examined the relative                              Namely, DOE proposed in the                            DOE proposed to maintain the same air
                                               impact of the varying latent heat                             November 2015 SNOPR to specify                         enthalpy test for single-duct units. In
                                               differential between the indoor                               indoor test conditions of 80 °F dry-bulb               addition to the infiltration air impacts
                                               (evaporator) and outdoor (condenser)                          and 67 °F wet-bulb temperature, and a                  assuming 95 °F dry-bulb and 75.2 °F
                                               conditions in the February 2015 NOPR                          set of outdoor test conditions of 95 °F
                                                                                                                                                                    wet-bulb temperature outdoor air, DOE
                                               proposal and in AHAM PAC–1–2009,                              dry-bulb and 75 °F wet-bulb
                                                                                                                                                                    proposed a second set of numerical
                                               which specified slightly different                            temperature. 80 FR 74020, 74024 (Nov.
                                               temperatures in rounded °F.8 DOE                              27, 2015).                                             calculations for adjusted cooling
                                               estimated that the change in test                               In the November 2015 SNOPR, DOE                      capacity (ACC) at the specific test
                                               conditions from the 2009 to the 2015                          also proposed to include a second                      conditions, and updated calculations for
                                               version of AHAM PAC–1, proposed in                            cooling mode test condition for dual-                  SACC and CEER based on the two
                                               the February 2015 NOPR, would                                 duct units at outdoor test conditions.                 proposed infiltration air conditions.
                                               decrease cooling capacity by 5–10                             Specifically, DOE proposed to reflect                  (See section III.C.2.c of this rulemaking
                                               percent, an amount which DOE                                  both the high-temperature conditions                   for discussion of the numerical
                                               considered to be significant. DOE                             when cooling is most needed and the                    adjustments by means of infiltration air
                                               further noted that, although the test                         weighted-average temperature and                       calculations.) This approach was
                                               conditions in ANSI/AHAM PAC–1–                                humidity observed during the hottest                   designed to minimize testing burden for
                                               2015 are harmonized with those in                             750 hours (the hours during which DOE                  single-duct portable ACs. Table III.3
                                               Canadian Standards Association (CSA)                          expects portable ACs to operate in                     shows the complete set of cooling mode
                                               C370–2013 and ANSI/ASHRAE                                     cooling mode) by testing using both the                rating conditions that DOE proposed for
                                               Standard 128–2011, they do not align                          95 °F dry-bulb and 75 °F wet-bulb                      portable ACs in the November 2015
                                               with the test conditions in the DOE test                      temperature test condition and a second                SNOPR. 80 FR 74020, 74026 (Nov. 27,
                                               procedures for other cooling products,                        83 °F dry-bulb temperature and 67.5 °F                 2015).

                                                                            TABLE III.3—STANDARD RATING CONDITIONS—COOLING MODE—SNOPR PROPOSAL
                                                                                                               Evaporator inlet air, °F (°C)                                Condenser inlet air, °F (°C)
                                                           Test configuration
                                                                                                          Dry bulb                        Wet bulb                     Dry bulb                     Wet bulb

                                               3 (Dual-Duct, Condition A) ..............                           80 (26.7)                     67 (19.4)                        95 (35)                   75 (23.9)
                                               3 (Dual-Duct, Condition B) ..............                           80 (26.7)                     67 (19.4)                      83 (28.3)                  67.5 (19.7)
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                                               5 (Single-Duct) .................................                   80 (26.7)                     67 (19.4)                      80 (26.7)                   67 (19.4)




                                                 7 Additional information regarding the operating               8 AHAM PAC–1–2009 prescribed evaporator inlet       conditions of 95 °F dry-bulb and 75 °F wet-bulb
                                               and test configurations can be found in Table 2 and           (indoor) conditions of 80 °F dry-bulb and 67 °F wet-   temperature.
                                               Figure 1 of ANSI/AHAM PAC–1–2015.                             bulb temperature, and condenser inlet (outdoor)



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                                               35250               Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations

                                                 AHAM agreed with DOE’s assessment                       information regarding this                            use. The SNOPR Joint Commenters and
                                               of the impact on cooling capacity and                     determination of cooling mode                         the California IOUs further claimed that
                                               measured efficiency due to small                          operating hours in the February 2015                  it is in the best interest of consumers
                                               changes in the test conditions between                    NOPR and the November 2015 SNOPR.                     that portable ACs function as
                                               the 2009 and 2015 versions of AHAM                        80 FR 10211, 10235, 10242–10243 (Feb.                 anticipated in warmer temperatures.
                                               PAC–1 and therefore supported DOE’s                       25, 2015); 80 FR 740202, 74032 (Nov.                  (SNOPR Joint Commenters, No. 22 at p.
                                               proposal to revise the single-duct and                    27, 2015). No data regarding portable                 1; California IOUs, No. 24 at p. 2)
                                               the dual-duct (Condition A) test                          AC annual operating hours were                           In developing a test procedure for
                                               chamber conditions to be consistent                       provided to controvert DOE’s approach                 portable ACs, DOE is required, under 42
                                               with those in AHAM PAC–1–2009.                            in response to either the February 2015               U.S.C. 6293(b)(3), to determine
                                               AHAM also supported the proposal to                       NOPR or the November 2015 SNOPR.                      performance under common operating
                                               conduct two tests for dual-duct units                       DOE further notes that portable ACs                 conditions to provide relevant
                                               and noted that the increase in test                       may be used in spaces within the home                 information to the consumer and to
                                               burden is necessary in order to more                      that typically have no alternate                      measure energy efficiency during a
                                               accurately measure cooling capacity.                      conditioning equipment, such as new                   representative period of use. DOE
                                               (AHAM, No. 23 at pp. 2, 4)                                additions, attics, garages, and                       recognizes the value in measuring
                                                 NAM challenged DOE’s assertion that                     basements. In those locations, DOE                    performance at peak operating
                                               portable ACs are used during the hottest                  expects portable ACs would be used as                 conditions, as the performance of
                                               750 hours of the cooling season,                          the primary conditioning equipment as                 portable ACs will vary as a non-linear
                                               suggesting that consumers often use                       central cooling is not typically utilized             function of outdoor air temperature,
                                               portable ACs during the transition                        or available. Due to commonality with                 such that a single rating at one outdoor
                                               periods before and after summer to cool                   room AC use and variability in                        test condition to represent the expected
                                               only a certain room or rooms prior to                     installation location, which suggests                 average operating condition may not
                                               activating their central cooling or                       portable ACs are likely used as the                   capture the increased energy
                                               heating and that a temperature                            primary mode of cooling for some                      consumption at peak outdoor air
                                               representing the hottest times of the                     applications, DOE maintains its                       temperatures and, therefore, would not
                                               cooling season is not representative of                   determination that portable AC cooling                accurately predict performance over an
                                               consumer use. (NAM, No. 17 at p. 2)                       mode use is most likely to occur during               average cycle of use. DOE therefore
                                               DENSO stated that during the off                          the hottest 750 hours during the cooling              concludes that capturing the
                                               season, the unit would be unplugged.                      season, and has used this determination               performance at the peak operating
                                               (DENSO, No. 14 at p. 3)                                   in establishing the test conditions for               conditions, in light of the variability
                                                 In response to NAM’s comment that                       portable ACs in this final rule.                      expected within the cooling season, is
                                               portable ACs are often used during                          ASAP, ASE, and NEEA (hereinafter                    necessary. As such, DOE’s test
                                               seasonal transition periods rather than                   the ‘‘SNOPR Joint Commenters’’) and                   procedure as established in this final
                                               during the hottest 750 hours of the                       the California IOUs commented that                    rule captures performance at both the
                                               cooling season and therefore test                         with multiple test conditions, the                    peak, high-temperature operating
                                               conditions based on the hottest times of                  proposed test procedure for portable                  condition (95 °F dry-bulb and 75 °F wet-
                                               the cooling season are not representative                 ACs would not be comparable with the                  bulb temperature test condition) and the
                                               of consumer use, DOE notes that, as                       DOE test procedure for room ACs. These                expected average operating condition
                                               discussed in the February 2015 NOPR,                      commenters suggested that any weight                  (83 °F dry-bulb temperature and 67.5 °F
                                               in developing the representative rating                   given to a different test condition (e.g.,            wet-bulb temperature test condition)
                                               conditions for portable ACs, DOE’s view                   the 83 °F outdoor dry-bulb temperature)               during the cooling season, and with
                                               was that the room AC annual operating                     would result in discrepancies in rated                weighting factors applied to the two
                                               hours and test conditions presented in                    performance that would not allow for                  conditions, collectively represent
                                               the most recent test procedure NOPR                       accurate comparison between the two                   portable AC operating conditions during
                                               (hereinafter the ‘‘room AC test                           similar and competing products. They                  the cooling season.
                                               procedure NOPR’’) 9 were an                               asserted that the portable AC metric                     As discussed in section III.C.3 of this
                                               appropriate proxy for portable ACs.                       should be comparable with the room AC                 final rule, the single CEER metric
                                               DOE made this determination based on                      metric in order to achieve consistency                provides a representative measure of
                                               the many similarities between room ACs                    with labeling and consumer                            overall portable AC performance that
                                               and portable ACs in design, cost,                         expectations of equipment that provides               accounts for the variability in
                                               functionality, consumer utility, and                      similar utility. The SNOPR Joint                      performance during the cooling season.
                                               applications. In the room AC test                         Commenters and California IOUs                        DOE did not receive comment on the
                                               procedure in 10 CFR 430.23(f) and                         supported a single test condition that                proposed indoor air condition
                                               appendix F to subpart B of 10 CFR part                    reflects energy outputs during peak                   (evaporator inlet air); therefore, DOE is
                                               430, cooling mode is allotted 750 hours                   times when the equipment is most                      maintaining the indoor conditions as
                                               and testing is conducted at 95 °F, a                      needed, as electric utilities are shifting            proposed in the November 2015
                                               high-temperature outdoor test condition                   towards peak-demand pricing. This                     SNOPR.
                                               during which cooling is most needed.                      single test condition would be the same                  In sum, DOE establishes standard
                                               Based on DOE’s approach that the                          as the current test procedure for room                rating conditions in this final rule that
                                               annual operating hours for room AC                        ACs, with an outdoor dry-bulb                         are identical with those proposed in the
                                               cooling was a reasonable proxy for                        temperature of 95 °F, which these                     November 2015 SNOPR and
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                                               portable AC cooling, DOE determined in                    commenters believe best reflects peak                 summarized in Table III.3. DOE also
                                               the February 2015 NOPR that the                           usage. Because a seasonal adjustment                  clarifies that for the purposes of the
                                               portable AC cooling mode also should                      inherently does not reflect peak                      cooling mode test procedure established
                                               be allotted the hottest 750 hours during                  performance, the SNOPR Joint                          in this final rule, evaporator inlet air is
                                               the cooling season. DOE requested                         Commenters and the California IOUs                    considered the ‘‘indoor air’’ of the
                                                                                                         asserted that it would potentially                    conditioned space and (for dual-duct
                                                 9 See   73 FR 74639 (Dec. 9, 2008).                     underestimate peak portable AC energy                 portable ACs) condenser inlet air is


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                                                                 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations                                                  35251

                                               considered the ‘‘outdoor air’’ outside of                  DOE agrees with AHAM and NAM                       portable ACs is significantly different
                                               the conditioned space. DOE agrees that                  that, in practice, the infiltration air               than the average number of operating
                                               comparative ratings between room ACs                    conditions are variable depending on                  hours for room ACs, as they provide a
                                               and portable ACs is desirable and will                  the specifics of installation, time of use,           similar consumer utility and serve
                                               consider whether rating conditions                      and other parameters. It is therefore                 similar applications. However, as
                                               representative of room AC usage should                  necessary to identify testing conditions              suggested by DENSO, DOE expects that
                                               be adjusted when it conducts a                          that best represent the typical range of              portable ACs would be unplugged
                                               rulemaking for its room AC test                         parameters without being unduly                       outside of their operation during the
                                               procedures.                                             burdensome to conduct. In specifying                  cooling season. Therefore, DOE does not
                                                                                                       an appropriate test condition for the                 expect infiltration air associated with
                                               b. Infiltration Air Conditions
                                                                                                       infiltration air, DOE maintains its                   portable AC operation to occur outside
                                                  DOE proposed in the November 2015                    assertion that infiltration air conditions            of the cooling season.
                                               SNOPR a numerical adjustment to the                     are best represented by the outdoor air                 To further address DENSO’s comment
                                               cooling capacity measured under ANSI/                   conditions. As discussed in the                       regarding infiltration air and portable
                                               AHAM PAC–1–2015 using, in part, the                     November 2015 SNOPR, DOE’s research                   AC operation during the year, DOE
                                               heat transfer from infiltration air at the              indicated that infiltration air flow rates            presents the following field-metered
                                               outdoor conditions (condenser inlet air)                are significant and represent a                       study for portable ACs that suggests
                                               specified in Table III.3 for Test                       substantial percentage of the evaporator              typical portable AC operation occurs
                                               Configuration 3. 80 FR 74020, 74024–                    air flow rates for both single-duct and               only during the cooling season. In
                                               74026 (Nov. 27, 2015).                                  dual-duct portable ACs. These                         research conducted by Burke, et al.,
                                                  The SNOPR Joint Commenters                           infiltration air flow rates are primarily             using field-metered data for a sample of
                                               supported using infiltration air                        due to the net negative pressure within               19 single-duct and dual-duct portable
                                               conditions equivalent to the outdoor test               the conditioned space due to portable                 ACs (hereinafter referred to as the Burke
                                               condition. According to the SNOPR                       AC operation. Additionally, certain                   Portable AC Study),10 an annual energy
                                               Joint Commenters, all infiltration air is               units may have poor sealing in and                    use model was developed which
                                               ultimately coming from the outdoors,                    around the window-mounting                            included an estimate of the percentage
                                               and in many cases, the bulk of the                      apparatus. The lack of sealing at the                 of time that a typical portable AC
                                               infiltration air may be coming directly                 mounting point was supported by                       spends in cooling mode as a function of
                                               from outdoors due to leaks through the                  research conducted for room ACs within                the outdoor temperature. The linear
                                               window where the portable AC is                         similar window installations and                      equation, based on outdoor dry-bulb
                                               installed. Although they agree that the                 observation of portable AC installation               temperature in °F for residential sites, is
                                               temperature of infiltration air coming                  equipment supplied by manufacturers.                  expressed as:
                                               from sources other than the window                      80 FR 74020, 74025–74026 (Nov. 27,                    % Time in Cooling Mode = 0.005 ×
                                               bracket could be either higher or lower                 2015). Thus, available information                         Outdoor Temperature ¥ 0.2909
                                               than the outdoor air temperature, they                  points to infiltration air predominantly
                                               believe that portable ACs should not                                                                            Based on this equation, a portable AC
                                                                                                       entering the conditioned space directly               would, on average, operate in cooling
                                               derive a de facto benefit by being rated                from outside the window, and DOE
                                               at a lower infiltration air temperature                                                                       mode approximately four to five times
                                                                                                       maintains that assertion in specifying
                                               achieved via the energy consumption of                                                                        more often when the outdoor
                                                                                                       the infiltration-related test provisions
                                               other air conditioning equipment.                                                                             temperatures are at the rating conditions
                                                                                                       for portable ACs adopted in this final
                                               (SNOPR Joint Commenters, No. 22 at p.                                                                         of 83 °F and 95 °F (12 percent and 18
                                                                                                       rule with the conditions listed in Table
                                               2)                                                                                                            percent of the time, respectively) than
                                                                                                       III.3. Additionally, for the reasons
                                                  AHAM and NAM stated that air                                                                               when outdoor temperatures are 65 °F or
                                                                                                       discussed in section III.C.2.a of this final
                                               temperature and humidity vary for                                                                             lower, which are conditions more likely
                                                                                                       rule, DOE establishes that both the 83 °F
                                               different field installations and among                                                                       to be experienced outside of the cooling
                                                                                                       and 95 °F dry-bulb temperatures and
                                               different rooms within a home.                                                                                season. For portable ACs installed in
                                                                                                       associated wet-bulb temperatures are
                                               Therefore, they do not believe there is                                                                       commercial sites, the percentage of time
                                                                                                       representative outdoor conditions to
                                               a representative infiltration air                       include in the test procedure.                        spent in cooling mode is even higher, as
                                               condition under which to test portable                     DENSO commented that if the effects                indicated by the following linear
                                               ACs with considerations for infiltration                of infiltration air are considered, they              equation from the Burke Portable AC
                                               air heat transfer. (AHAM, No. 18 at p.                  should be included on an annual basis,                Study:
                                               3; NAM, No. 17 at p. 2) Nonetheless,                    in which case the infiltration will lead              % Time in Cooling Mode = 0.0193 ×
                                               AHAM and De’ Longhi stated that,                        to net cooling during the majority of the                  Outdoor Temperature ¥ 0.9382
                                               should DOE include provisions in the                    year when the infiltration air will be                  When outdoor conditions are 83 °F
                                               test procedure to account for infiltration              cooler than the temperature of the                    and 95 °F, a portable AC in a
                                               air effects despite their objections, DOE               conditioned space. (DENSO, No. 14 at p.               commercial location would be expected
                                               must select a representative test                       2) However, as noted previously,                      to spend 66 percent and 90 percent of
                                               temperature for that infiltration air.                  DENSO also stated that during the off                 the time in cooling mode, respectively,
                                               (AHAM, No. 18 at p. 1; De’ Longhi, No.                  season, the unit would be unplugged.                  versus 32 percent or less when outdoor
                                               25 at p. 1) De’ Longhi suggested that                   (DENSO, No. 14 at p. 3)                               temperatures are no more than 65 °F.
                                               DOE’s analysis is inconsistent by                          As discussed previously in section                   Therefore, because portable ACs
                                               considering both a national average                     III.C.2 of this final rule, DOE expects               operate a significantly greater
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                                               condition (the 83 °F dry-bulb                           that portable ACs operate during the                  percentage of the time in cooling mode
                                               temperature) and a weighted average of                  hottest 750 hours of the cooling season
                                               the 83 °F and 95 °F dry-bulb                            based on annual operating hours                          10 T. Burke, et al., ‘‘Using Field-Metered Data to

                                               temperature conditions when                             determined by DOE for its room AC test                Quantify Annual Energy Use of Portable Air
                                                                                                                                                             Conditioners,’’ Lawrence Berkeley National
                                               considering a representative                            procedure. DOE does not have                          Laboratory, Report No. LBNL–6868E-Rev (December
                                               temperature for the infiltration air. (De’              information to suggest that the number                2014). Available at https://publications.lbl.gov/
                                               Longhi, No. 25 at p. 2)                                 of cooling season operating hours for                 islandora/object/ir%3A6868E-Rev.



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                                               35252             Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations

                                               when outdoor temperatures are those                     Hfg is the latent heat of vaporization for water      cooling capacity’’ (ACC)), was proposed
                                               associated with the rating conditions,                       vapor, 1061 Btu/lbm.                             in the November 2015 SNOPR according
                                               which are derived from climate data                     wia is the humidity ratio of the infiltration air,    to the following equation.
                                                                                                            0.0141 lbw/lbda.
                                               during the cooling season, than when                                                                          SACC = (ACC95 × 0.2) + (ACC83 × 0.8)
                                                                                                       windoor is the humidity ratio of the indoor
                                               outdoor temperatures are more                                chamber air, 0.0112 lbw/lbda.                    Where:
                                               consistent with time periods outside the                60 is the conversion factor from minutes to
                                               cooling season, DOE did not consider                                                                          SACC is the seasonally adjusted cooling
                                                                                                            hours.
                                                                                                                                                                  capacity, in Btu/h.
                                               year-round operation when evaluating                       The sensible and latent heat                       ACC95 and ACC83 are the adjusted cooling
                                               the impacts of infiltration air on                      components of infiltration air are added,                  capacities calculated at the 95 °F and
                                               portable AC cooling capacity.                           and this sum is subtracted from the                        83 °F dry-bulb outdoor conditions, in
                                               Furthermore, due to their portability                   measured indoor-side cooling capacity                      Btu/h, respectively.
                                               and ease of installation, DOE expects                   to provide a representative measure of                0.2 is the weighting factor for ACC95.
                                               the majority of portable ACs are likely                 net cooling capacity provided to the                  0.8 is the weighting factor for ACC83.
                                               to be installed only during the cooling                 conditioned space. DOE received no                       The California IOUs stated that the
                                               season rather than year-round, thereby                  comments on the sensible and latent                   proposed weighting for these test
                                               avoiding the infiltration of air cooler                 heat components of infiltration air                   conditions implies that portable ACs are
                                               than the conditioned space. For these                   equations using the nominal test                      four times more likely to be used when
                                               reasons, DOE concludes that the                         chamber and infiltration air conditions,              outdoor conditions are 83 °F versus 95
                                               condenser inlet air (outdoor) rating                    and maintains these equations in this                 °F, the reverse of what they claim is
                                               conditions specified for Test                           final rule.                                           expected. The California IOUs and
                                               Configuration 3 (Conditions A and B)
                                                                                                                                                             SNOPR Joint Commenters expect
                                               are appropriate temperatures to use in                  3. Seasonally Adjusted Cooling Capacity
                                                                                                                                                             consumers to primarily operate portable
                                               applying the numerical adjustment to                       In the November 2015 SNOPR, DOE                    ACs during the hottest times, and stated
                                               account for air infiltration effects.                   proposed to apply weighting factors of                that the test procedure should only
                                               c. Infiltration Air Calculations                        20 percent and 80 percent to the                      measure performance at 95 °F without
                                                                                                       adjusted capacities from the two                      the weighting proposed in the
                                                  As discussed in section III.C.2.b of                 proposed conditions of 95 °F and 83 °F,
                                               this final rule, DOE proposed in the                                                                          November 2015 SNOPR. The California
                                                                                                       respectively. These weighting factors                 IOUs expressed concern that the 83 °F
                                               November 2015 SNOPR a numerical                         were developed using an analytical
                                               adjustment to the cooling capacity                                                                            rating condition is not representative of
                                                                                                       approach based upon 2012 hourly                       actual use, and therefore objected to the
                                               measured under ANSI/AHAM PAC–1–                         climate data from the National Climatic
                                               2015 using, in part, the heat transfer                                                                        80-percent weighting of the results at
                                                                                                       Data Center (NCDC) of the National                    that test condition in the calculations of
                                               from infiltration air at the outdoor                    Oceanic and Atmospheric
                                               conditions. In the November 2015                                                                              SACC and CEER as proposed in the
                                                                                                       Administration (NOAA), collected at                   November 2015 SNOPR. The California
                                               SNOPR, DOE proposed to calculate the                    weather stations in 44 representative
                                               sensible and latent heat components of                                                                        IOUs urged DOE to base the portable AC
                                                                                                       states, and data from the 2009 edition of             test procedure and performance metrics
                                               infiltration air using the nominal test                 the Residential Energy Consumption
                                               chamber and infiltration air conditions,                                                                      on the single outdoor temperature of 95
                                                                                                       Survey (RECS),11 and estimating the                   °F. (California IOUs, No. 24 at p. 2;
                                               as:                                                     percentage of portable AC operating
                                               Qs = ṁ × 60 × [(cp_da × (Tia _ Tindoor)) +                                                                   SNOPR Joint Commenters, No. 22 at p.
                                                                                                       hours that would be associated with                   1)
                                                    (cp_wv × (wia × Tia _ windoor × Tindoor))]         each rating condition. DOE allocated the                 AHAM and De’ Longhi disagreed with
                                               Where:                                                  number of annual hours with                           DOE’s approach to assign a temperature
                                               Qs is the sensible heat added to the room by            temperatures that ranged from 80 °F (the              greater than 89 °F to the 95 °F rating
                                                    infiltration air, in Btu/h;                        indoor test condition) to 89 °F (a                    condition. They noted that Table 16 of
                                               m̊ is the dry air mass flow rate of infiltration        temperature mid-way between the two                   the ANSI/Air-Conditioning, Heating,
                                                    air for a single-duct or dual-duct unit, in        rating conditions) to the 83 °F rating                and Refrigeration Institute (AHRI)
                                                    pounds per minute (lb/m);                          condition. Similarly, the hours in which
                                               cp_da is the specific heat of dry air, 0.24 Btu                                                               Standard 210/240, ‘‘Performance Rating
                                                                                                       the ambient temperature was greater                   of Unitary Air-Conditioning and Air-
                                                    per pound per degree Fahrenheit (Btu/              than 89 °F were assigned to the 95 °F
                                                    lbm-°F).                                                                                                 Source Heat Pump Equipment’’ (ANSI/
                                                                                                       rating condition. DOE then performed a
                                               cp_wv is the specific heat of water vapor,                                                                    AHRI Standard 210/240), provides the
                                                    0.444 Btu/lbm-°F.                                  geographical weighted averaging using
                                                                                                                                                             distribution of fractional hours within a
                                               Tindoor is the indoor chamber dry-bulb                  data from RECS to determine weighting
                                                                                                                                                             cooling season, and shows that
                                                    temperature, 80 °F.                                factors of 19.7 percent and 80.3 percent,
                                                                                                                                                             temperatures greater than 95 °F account
                                               Tia is the infiltration air dry-bulb                    respectively, for the 95 °F and 83 °F
                                                    temperature, 95 °F.
                                                                                                                                                             for only about 2 percent of the cooling
                                                                                                       rating conditions. DOE proposed in the
                                               wia is the humidity ratio of the infiltration air,                                                            season. Because these data are more
                                                                                                       November 2015 SNOPR to apply
                                                    0.0141 pounds of water per pounds of                                                                     granular than RECS data, AHAM and
                                                                                                       rounded weighting factors of 20 percent
                                                    dry air (lbw/lbda).                                                                                      De’ Longhi suggested that DOE apply
                                                                                                       and 80 percent to the results of its
                                               windoor is the humidity ratio of the indoor                                                                   weighting factors of 98 percent to the 83
                                                                                                       testing at 95 °F and 83 °F, respectively.
                                                    chamber air, 0.0112 lbw/lbda.                                                                            °F condition and 2 percent to the 95 °F
                                               60 is the conversion factor from minutes to             The calculation for this ‘‘seasonally
                                                                                                       adjusted cooling capacity’’ (SACC),                   condition in the SACC and CEER
                                                    hours.
                                                                                                                                                             equations, which De’ Longhi noted
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                                                                                                       based on the cooling capacities
                                               Ql = ṁ × 60 × Hfg × (wia _ windoor)                                                                          would still correspond to a weighted-
                                                                                                       measured at each rating condition and
                                               Where:                                                  adjusted for the effect of infiltration air           average temperature higher than DOE’s
                                               Ql is the latent heat added to the room by              and duct heat transfer (the ‘‘adjusted                estimated national-average dry-bulb
                                                    infiltration air, in Btu/h.                                                                              temperature of 83 °F. (AHAM, No. 23 at
                                               ṁ is the mass flow rate of infiltration air for           11 RECS data are available online at http://       pp. 3–4; De’ Longhi, No. 25 at p. 2)
                                                    a single-duct or dual-duct duct unit, in           www.eia.gov/consumption/residential/data/2009/           For the reasons discussed in section
                                                    lb/m.                                              ’’www.eia.gov/consumption/residential/data/2009/.     III.C.2.a of this rulemaking, DOE has


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                                                                 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations                                            35253

                                               concluded based on research of typical                    AHAM agreed with the proposal to                      sufficiently significant to warrant the
                                               ambient temperature conditions,                         aid in standardizing the test procedure                 added test burdens associated with
                                               expected geographical distribution, and                 and reducing variation in the results. In               measuring and incorporating duct heat
                                               annual usage of portable ACs that the 83                addition to Section 8.7 of ANSI/                        transfer impacts into the overall
                                               °F and 95 °F outdoor rating conditions                  ASHRAE Standard 37–2009, AHAM                           seasonally adjusted cooling capacity. 80
                                               are representative rating conditions.                   suggested including Section 7.1.2 from                  FR 74020, 74028 (Nov. 27, 2015).
                                               DOE notes that the analysis presented in                ANSI/AHAM PAC–1–2015 that clarifies                        AHAM and the SNOPR Joint
                                               the November 2015 SNOPR utilizes                        the test period adjustments necessary                   Commenters agreed with DOE’s
                                               RECS data to determine the                              for portable ACs with a condensate                      proposal that duct heat transfer and
                                               geographical distribution of the number                 pump. AHAM believes that referencing                    losses need to be addressed as the duct
                                               of hours at the two test conditions                     these sections will maximize accuracy,                  heat transfer impacts are substantial and
                                               within the cooling season. Although                     repeatability, and reproducibility of a                 vary significantly among units. The
                                               ANSI/AHRI Standard 210/240 provides                     DOE portable AC test procedure.                         SNOPR Joint Commenters supported
                                               a fractional distribution of hours in the               (AHAM, No. 23 at pp. 4–5) In response                   incorporating duct heat transfer impacts
                                               cooling season, that single distribution                to AHAM’s suggestion, DOE notes that                    in the test procedure to better reflect
                                               is not necessarily appropriate for states               section 3.1.1.3 of the DOE test                         actual cooling capacity and efficiency of
                                               in which RECS data suggest portable                     procedure proposed in the November                      portable ACs and to encourage
                                               ACs are typically used. Furthermore,                    2015 SNOPR provides direction on                        manufacturers to reduce duct heat
                                               DOE believes it is appropriate to assign                conducting the test for units with                      transfer. (AHAM, No. 23 at p. 5; SNOPR
                                               all hours at temperatures above 89 °F to                different condensate collection and                     Joint Commenters, No. 22 at p. 6)
                                               the 95 °F test condition as the measured                removal capabilities. In that section,                     In this final rule, DOE adopts the
                                               performance of the equipment varies                     DOE prescribed specific test                            proposal in the November 2015 SNOPR
                                               incrementally between 83 °F and 95 °F                   requirements for units tested with                      and establishes that the duct heat
                                               and the performance measured at the 95                  condensate pumps and stated that                        transfer impacts be measured and
                                               °F test condition is more representative                section 7.1.2 of ANSI/AHAM PAC–1–                       incorporated into the overall SACC.
                                               of equipment performance for                            2015 should be used for units tested
                                               temperatures between 89 °F and 95 °F                    with a condensate pump that do not                      b. Convection Coefficient
                                               (e.g., 90 °F) than the measured                         have an auto-evaporative feature or                        In the November 2015 SNOPR, DOE
                                               performance at the 83 °F rating                         gravity drain and for which the                         maintained the overall heat transfer
                                               condition. Because the threshold                        manufacturer has not specified the use                  convection coefficient of 4 Btu/h-ft2-°F
                                               temperature of 89 °F evenly divides the                 of an included condensate pump during                   for calculating duct heat losses
                                               temperature range that DOE apportions                   cooling mode operation. These test                      originally proposed in the February
                                               between the two rating conditions, DOE                  provisions are discussed in more detail                 2015 NOPR. DOE explained that the
                                               maintains that the weighting values                     in section III.C.8 of this final rule.                  2013 ASHRAE Handbook—
                                               proposed in the November 2015                             In this final rule, DOE adopts the                    Fundamentals 13 (hereinafter the
                                               SNOPR, based on the climate analysis                    November 2015 SNOPR proposals                           ASHRAE Handbook) provides typical
                                               and RECS data for geographical                          regarding the active mode test duration                 convection coefficient values for various
                                               weighting of the distribution of                        period.                                                 types of assemblies in buildings. The
                                               temperature hours within the cooling                    5. Duct Heat Transfer and Leakage                       proposed convection coefficient of 4
                                               season, are representative of the SACC                                                                          Btu/h-ft2-°F was based on typical free
                                               during typical periods of operation.                    a. Duct Heat Transfer Impacts                           convection coefficients, ranging from
                                               Therefore, DOE is adopting, in this final                  In the February 2015 NOPR, DOE                       0.22 to 1.63 Btu/h-ft2-°F, and typical
                                               rule, weights of 80 percent and 20                      presented its determination that duct                   forced convection coefficients, between
                                               percent for the ACCs determined based                   heat losses and air leakage are non-                    4.00 and 6.00 Btu/h-ft2-°F, depending
                                               on the 83 °F and 95 °F rating conditions,               negligible effects, and proposed to                     upon the air speed. DOE determined
                                               respectively, as proposed in the                        account for heat transferred from the                   that the air speeds discussed in the
                                               November 2015 SNOPR.                                    duct surface to the conditioned space in                ASHRAE Handbook would be similar to
                                                                                                       the portable AC test procedure. DOE                     the air speeds over the portable AC
                                               4. Test Duration
                                                                                                       proposed that four equally spaced                       duct(s) due to air circulation within the
                                                  In the November 2015 SNOPR, DOE                      thermocouples be adhered to the side of                 conditioned space.
                                               noted that ANSI/AHAM PAC–1–2015                         the length of the condenser exhaust duct                   In support of the November 2015
                                               specifies testing in accordance with                    for single-duct units and the condenser                 SNOPR, DOE re-examined the data it
                                               certain sections of ANSI/ASHRAE                         inlet and exhaust ducts for dual-duct                   obtained from testing a sample of four
                                               Standard 37–2009, but does not                          units. DOE proposed to determine the                    single-duct and two dual-duct portable
                                               explicitly specify the test duration                    duct heat transfer for each duct from the               ACs for the May 2014 NODA to
                                               required when conducting portable AC                    average duct surface temperature as                     determine the duct heat transfer
                                               active mode testing. DOE therefore                      measured by the four thermocouples, a                   convection coefficient for each unit. The
                                               proposed that the active mode test                      convection heat transfer coefficient of 4               calculated heat transfer convection
                                               duration be determined in accordance                    Btu/h per square foot per °F (Btu/h-ft2-                coefficients based on DOE’s testing
                                               with Section 8.7 of ANSI/ASHRAE                         °F), and the calculated duct surface area               ranged from 1.70 Btu/h-ft2-°F to a high
                                               Standard 37–2009.12 80 FR 74020,                        based on the test setup. 80 FR 10211,                   of 5.26 Btu/h-ft2-°F, with an average of
                                               74027 (Nov. 27, 2015).
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                                                                                                       10227 (Feb. 25, 2015).                                  3.13 Btu/h-ft2-°F. In the November 2015
                                                                                                          In the November 2015 SNOPR, DOE                      SNOPR, DOE noted that, although the
                                                 12 Section 8.7 of ANSI/ASHRAE Standard 37–
                                                                                                       found that the exhaust and intake duct                  average heat transfer coefficient
                                               2009 requires a steady-state period during which
                                               performance is consistent with the test tolerances      surface heat transfer impacts were                      calculated from DOE’s test results was
                                               specified in Table 2 of ANSI/ASHRAE Standard 37–
                                               2009 before cooling capacity test data are recorded.    or less until readings over a period of one-half hour     13 ASHRAE Handbook—Fundamentals. American

                                               Data used in evaluating cooling capacity is then        are within the tolerances prescribed in section 9.2     Society of Heating, Refrigerating, and Air-
                                               recorded at equal intervals that span five minutes      of ANSI/ASHRAE Standard 37–2009.                        Conditioning Engineers, Atlanta, GA. 2013.



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                                               35254             Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations

                                               slightly lower than the value proposed                  h-ft2-°F. 80 FR 74020, 74029 (Nov. 27,                that the burdens were likely outweighed
                                               in the February 2015 NOPR, the                          2015).                                                by the benefit of addressing the heat
                                               proposed value of 4 Btu/h-ft2-°F was                      After considering the AHAM and De’                  transfer effects of all internal heating
                                               within the range of values measured                     Longhi comments and reviewing the test                components. 80 FR 10211, 10227–10229
                                               during DOE’s testing and was                            data presented in the November 2015                   (Feb. 25, 2015).
                                               appropriate based on the lower end of                   SNOPR, DOE has concluded that its test                   In the November 2015 SNOPR, DOE
                                               the range of typical convection                         data provide the best indication of the               investigated the effects of case heat
                                               coefficients in the ASHRAE Handbook.                    appropriate convection heat transfer                  transfer as a percentage of the overall
                                               In the November 2015 SNOPR, DOE also                    coefficient for portable AC ducts.                    cooling capacity and determined, based
                                               noted the significant variation in                      Therefore, DOE concludes that the most                on test data, that the case heat transfer
                                               individual results due to different duct                representative value of the convection                was, on average, 1.76 percent of the
                                               types, installation configurations, forced              heat transfer coefficient would be a                  AHAM PAC–1–2009 cooling capacity,
                                               convection air flow patterns, and other                 rounded average of its measured values,               with a maximum of 6.53 percent.
                                               factors; therefore, it is possible that                 and in this final rule establishes the                Because the total case heat transfer
                                               DOE’s test results do not represent the                 convection heat transfer coefficient as 3             impact was, on average, less than 2
                                               full range of possible heat loss                        Btu/h-ft2-°F.                                         percent of the cooling capacity without
                                               coefficient values. DOE believed that the                                                                     adjustments for infiltration air and heat
                                                                                                       c. Duct Surface Area Measurements
                                               measured duct losses reported in the                                                                          transfer effects, DOE determined it had
                                               November 2015 SNOPR confirmed that                         In the February 2015 NOPR, DOE                     minimal impact on the cooling capacity
                                               the original value proposed in the                      proposed that the duct surface area be                and therefore proposed to remove the
                                               February 2015 NOPR was sufficiently                     calculated using the outer duct diameter              provisions for determining case heat
                                               representative of typical duct losses and               and extended length of the duct while                 transfer from the portable AC test
                                               proposed to maintain the original duct                  under test. 80 FR 10211, 10227 (Feb. 25,              procedure proposed in the February
                                               heat transfer proposal from the February                2015). In response to comments                        2015 NOPR. 80 FR 74020, 74030 (Nov.
                                               2015 NOPR, including the convection                     suggesting that the ducts have                        27, 2015).
                                               heat transfer coefficient of 4 Btu/h-ft2-               corrugated surfaces and there is likely a                AHAM supported DOE’s proposal to
                                               °F. 80 FR 74020, 74029 (Nov. 27, 2015).                 high uncertainty in measuring the duct                remove consideration of case heat
                                                  AHAM and De’ Longhi stated that the                  surface area, DOE reassessed the duct                 transfer from the test procedure due to
                                               average measured convection heat                        surface area calculations and concluded               the minimal impact on cooling capacity.
                                               transfer coefficient in Table III.4 of the              in the November 2015 SNOPR that any                   (AHAM, No. 23 at p. 5)
                                               November 2015 SNOPR was 3.13 Btu/h-                     uncertainty or variability in duct surface               The SNOPR Joint Commenters noted
                                               ft2-°F, which according to AHAM was                     area measurements would not have a                    that despite the relatively low average
                                               based on values of the heat transfer                    significant impact on test repeatability              impact of case heat transfer on the
                                               coefficient ranging from a low of 2.11                  and reproducibility and maintained the                AHAM PAC–1–2009 cooling capacity,
                                               Btu/h-ft2-°F to a high of 4.10 Btu/h-ft2-               surface area measurement as proposed                  the impact ranged from 0 percent to 6.5
                                               °F. AHAM asserted that the test data did                in the February 2015 NOPR. 80 FR                      percent. The SNOPR Joint Commenters
                                               not validate the value proposed in the                  74020, 74029 (Nov. 27, 2015).                         also noted that the ‘‘Modified AHAM’’
                                               February 2015 NOPR and therefore,                          DOE received no comments regarding                 cooling capacity reported in the
                                               AHAM suggested that, unless additional                  uncertainty of duct surface area                      February 2015 NOPR, which accounted
                                               data supported a different value for the                measurements in response to the                       for air infiltration, case, and duct heat
                                               heat transfer coefficient, DOE adopt a                  November 2015 SNOPR proposals, and                    transfer, is significantly lower than the
                                               rounded average value of 3 Btu/h-ft2-°F.                therefore maintains and establishes in                AHAM PAC–1–2009 cooling capacity.
                                               De’ Longhi similarly recommended that                   this final rule that the duct surface area            Therefore, the impact of case heat
                                               DOE use a value of 3 Btu/h-ft2-°F for the               be calculated using the measured outer                transfer as a percentage of adjusted
                                               duct convection heat transfer                           duct diameter and extended length of                  cooling capacity as measured by the
                                               coefficient. (AHAM, No. 23 at p. 5; De’                 the duct while under test. However,                   DOE test procedure proposed in the
                                               Longhi, No. 25 at p. 2)                                 DOE clarifies in the calculation of the               February 2015 NOPR, which accounts
                                                  DOE notes that the value for the                     duct surface area that the outer diameter             for air infiltration and other heat
                                               convection heat transfer coefficient                    of the duct includes any manufacturer-                transfer effects, would be larger than the
                                               proposed in the November 2015 SNOPR                     supplied insulation. See section III.C.7              impact as a percentage of the AHAM
                                               was based on standard industry                          of this final rule for further discussion             PAC–1–2009 cooling capacity.
                                               handbook values under reasonably                        regarding setup and installations                     Accordingly, the SNOPR Joint
                                               representative air flow conditions and                  instructions for such insulation.                     Commenters urged DOE to retain the
                                               was generally confirmed based on                                                                              measurement of case heat transfer in the
                                               consideration of test data from DOE’s                   6. Case Heat Transfer                                 portable AC test procedure. (SNOPR
                                               sample of portable ACs. However,                           In the February 2015 NOPR, DOE                     Joint Commenters, No. 22 at pp. 2–3)
                                               following additional consideration, DOE                 proposed that case heat transfer be                   DOE notes that the ‘‘Modified AHAM’’
                                               recognizes that the typical industry                    determined using a method similar to                  values presented in the February 2015
                                               handbook convection coefficient values                  the approach proposed for duct heat                   NOPR are only reflective of performance
                                               may not represent the variation of test                 transfer. DOE proposed that the surface               and infiltration air at the 95 °F test
                                               conditions and range of convection                      area and average temperature of each                  condition. DOE subsequently conducted
                                               coefficients applicable to portable AC                  side of the case be measured to                       additional analysis to determine the
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                                               ducts. As noted above, for both single-                 determine the overall heat transferred                overall impact of case heat transfer on
                                               duct and dual-duct portable ACs in                      from the portable AC case to the                      the SACC as determined based on the
                                               DOE’s test sample, the duct heat transfer               conditioned space, which would be                     two test conditions proposed in the
                                               coefficients ranged from 1.70 to 5.26                   used to adjust the cooling capacity and               November 2015 SNOPR and adopted in
                                               Btu/h-ft2-°F, as listed in Table III.4 of               efficiency. DOE noted that the case heat              this final rule (see section III.C.2 of this
                                               the November 2015 SNOPR, with an                        transfer methodology would impose                     final rule). DOE found that the overall
                                               average value of approximately 3.1 Btu/                 additional test burden, but determined                impact of case heat transfer on the


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                                                                 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations                                          35255

                                               SACC, which includes adjustments for                    inlet or exhaust (other than the bottom               in the duct setup and duct temperature
                                               infiltration air and duct heat transfer at              of the unit) and any wall surfaces. 80 FR             measurement instructions. DOE’s
                                               the two test conditions, ranged from 0                  10211, 10229–10230 (Feb. 25, 2015). In                proposed duct setup and temperature
                                               percent to 9.1 percent with an average                  the November 2015 SNOPR, DOE                          measurement requirements presented in
                                               impact of 2.12 percent. DOE maintains,                  modified that proposal, and further                   the November 2015 SNOPR with
                                               therefore, that the case heat transfer                  clarified that there shall be no less than            AHAM’s suggested additions to the
                                               typically would have a minimal impact                   3 feet between any test chamber wall                  proposed text, denoted in bold text, are:
                                               on SACC, and that any slight                            and any surface on the portable AC                       3.1.1.1 Duct Setup. Use ducting
                                               improvement in the accuracy of the                      (other than the bottom surface), except               components provided by the
                                               SACC metric by including it would not                   the surface or surfaces that have a duct              manufacturer, including, where
                                               warrant the added burden associated                     attachment, as prescribed by the ANSI/                provided by the manufacturer, sealing,
                                               with the case heat transfer                             AHAM PAC–1–2015 test setup                            insulation, ducts, connectors for
                                               measurements. DOE also observed that                    requirements. 80 FR 74020, 74030 (Nov.                attaching the duct(s) to the test unit, and
                                               the range of case heat transfer impacts                 27, 2015).                                            window mounting fixtures. Do not
                                               varied despite products in the test                        AHAM agreed with DOE’s proposal                    apply additional sealing or insulation.
                                               sample including similar amounts of                     that the test unit and all ducting                       3.1.1.6 Duct temperature
                                               case insulation and similar case designs.               components, as supplied by the                        measurements. Measure the surface
                                               DOE expects that thermocouple                           manufacturer, be set up and installed in              temperatures of each duct using four
                                               placement in relation to internal                       accordance with manufacturer                          equally spaced thermocouples per duct,
                                               components (e.g., compressor and                        instructions. AHAM stated, however,                   adhered to the outer surface of the entire
                                               condenser placement) may introduce                      that certain sections of ANSI/AHAM                    length of the duct. Temperature
                                               variability in the case heat transfer                   PAC–1–2015 include appropriate                        measurements must have an error no
                                               results. For these reasons, DOE is not                  requirements for unit placement in the                greater than ±0.5 °F over the range being
                                               including a measurement of case heat                    test chamber and suggested that DOE                   measured. Insulation and sealing
                                               transfer in the portable AC test                        change the unit placement requirements                provided by the manufacturer must be
                                               procedure established in this final rule.               to reference the setup requirements in                installed prior to measurement.
                                                  The California IOUs opposed                          ANSI/AHAM PAC–1–2015. (AHAM,                          (AHAM, No. 23 at p. 6)
                                               elimination of the case heat transfer                   No. 23 at p. 6; AHAM, No. 18 at pp. 5–                   De’ Longhi suggested similar
                                               measurement because they believe                        6) As discussed in the February 2015                  modifications to the installation
                                               manufacturers may produce leakier,                      NOPR and the November 2015 SNOPR,                     instructions proposed in the November
                                               less-insulated cases in order to reduce                 although Section 7.3.7, ‘‘Condenser                   2015 SNOPR to address manufacturer-
                                               the duct heat transfer, which is                        (heat rejection) arrangement,’’ of ANSI/              provided sealing and insulation
                                               measured in the test procedure and                      AHAM PAC–1–2015 includes test unit                    materials in the duct setup and duct
                                               impacts performance. They urged DOE                     placement instructions in reference to                temperature measurement instructions.
                                               to require measurement of the case                      the surface of the portable AC that                   (De’ Longhi, No. 25 at p. 2)
                                               surface temperature in the portable AC                  includes the duct attachments, by                        DOE agrees that any duct insulation
                                               test procedure to incentivize                           means of specifying the distance from                 or mounting sealant provided by the
                                               manufacturers to design units with                      the test unit to the test chamber                     manufacturer should be installed
                                               better-insulated cases. The California                  partition wall, it does not provide                   according to manufacturer instructions,
                                               IOUS further noted that the heating                     placement instructions in relation to the             and that duct temperature
                                               effects of the case and duct are inter-                 other surfaces of the test unit. Therefore,           measurements should be made with any
                                               dependent. (California IOUs, No. 24 at                  in this final rule, DOE maintains the                 such insulation or sealant in place.
                                               p. 4) DOE recognizes that case and duct                 proposals from the November 2015                      However, DOE believes it is necessary to
                                               heat transfer are related and that                      SNOPR that the test unit placement be                 clarify in the specification of duct
                                               manufacturers are able to make design                   such that there is no less than 3 feet                temperature measurements that the
                                               tradeoffs between duct heat transfer and                between any test chamber wall and any                 measurements should occur on the
                                               localized heat transfer through the case.               surface on the portable AC (other than                outer surface of the entire duct, which
                                               However, DOE notes that the units in                    the bottom surface), except that                      would be the outer surface of the
                                               DOE’s test sample had similar case                      placement of the surface or surfaces that             insulation, if provided by the
                                               insulation, and does not expect                         have a duct attachment shall be as                    manufacturer. DOE therefore establishes
                                               manufacturers to significantly adjust                   prescribed by Section 7.3.7 of ANSI/                  the following modified duct setup and
                                               construction of their products because                  AHAM PAC–1–2015. DOE notes that                       duct temperature measurement
                                               greater leakage and reduced insulation                  this specification is consistent with the             instructions in this final rule, clarifying
                                               would also increase noise and case                      requirements of ANSI/AHAM PAC–1–                      AHAM’s and De’ Longhi’s suggested
                                               surface temperatures, potentially                       2015 and serves only to add specificity               language for the duct temperature
                                               reducing customer satisfaction.                         to the placement of the unit with respect             measurements.
                                                                                                       to the other surfaces that do not have a                 3.1.1.1 Duct Setup. Use ducting
                                               7. Test Setup and Unit Placement                                                                              components provided by the
                                                                                                       duct attachment, which is not specified
                                                  In the February 2015 NOPR, DOE                       by ANSI/AHAM PAC–1–2015.                              manufacturer, including, where
                                               proposed that for all portable AC                          AHAM commented that DOE’s duct                     provided by the manufacturer, ducts,
                                               configurations, there must be no less                   setup and duct temperature                            connectors for attaching the duct(s) to
                                               than 6 feet between the evaporator inlet                measurement instructions do not                       the test unit, sealing, insulation, and
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                                               and any chamber wall surface, and for                   account for any sealing or insulation                 window mounting fixtures. Do not
                                               single-duct units, there must be no less                materials that may be provided by the                 apply additional sealing or insulation.
                                               than 6 feet between the condenser inlet                 manufacturer. Therefore, AHAM                            3.1.1.6 Duct temperature
                                               surface and any other wall surface.                     suggested language to add in the                      measurements. Install any insulation
                                               Additionally, DOE proposed that there                   installation instructions proposed in the             and sealing provided by the
                                               be no less than 3 feet between the other                November 2015 SNOPR that would                        manufacturer. Then adhere four equally
                                               surfaces of the portable AC with no air                 address sealing and insulation materials              spaced thermocouples per duct to the


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                                               35256             Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations

                                               outer surface of the entire length of the                  AHAM and DENSO agreed with                            proposed test procedure, as this would
                                               duct. Measure the surface temperatures                  DOE’s proposed control settings for fan                  allow DOE to better assess minimum
                                               of each duct. Temperature                               speed and cooling and heating mode                       power factor requirements and related
                                               measurements must have an error no                      temperature controls. (AHAM, No. 18 at                   consumer benefits in a future
                                               greater than ±0.5 °F over the range being               p. 6; DENSO, No. 14 at pp. 2–3) DOE                      rulemaking. The California IOUs believe
                                               measured.                                               maintains the February 2015 NOPR                         that improving power factor may yield
                                                                                                       proposal in this final rule to set the fan               significant societal benefits through cost
                                               8. Condensate Collection
                                                                                                       speed to the maximum speed and the                       savings for electric utility customers,
                                                  In the February 2015 NOPR, DOE                       thermostat to the lowest setting during                  improved grid efficiency, and reduced
                                               proposed that portable ACs undergoing                   cooling mode testing. As noted earlier in                greenhouse gases. The California IOUs
                                               cooling mode testing would be                           this section and discussed in more                       noted that the CEC currently requires
                                               configured in accordance with                           detail in section III.D of this final rule,              reporting of power factor for a variety of
                                               manufacturer installation and setup                     in the November 2015 SNOPR, DOE                          appliances including fluorescent lamp
                                               instructions unless otherwise specified                 removed heating mode testing from its                    ballasts, residential portable light-
                                               in the DOE test procedure. In addition,                 proposal; and, therefore, the February                   emitting diode (LED) luminaires,
                                               DOE proposed that, where available and                  2015 NOPR proposal regarding                             televisions, and large battery charger
                                               as instructed by the manufacturer, the                  configuration of controls during heating                 systems, and specifies minimum power
                                               auto-evaporation feature would be                       mode is no longer relevant.                              factor requirements for portable LED
                                               utilized for condensate removal during                     In the February 2015 NOPR, DOE                        luminaires and large battery charger
                                               cooling mode testing. DOE proposed                      proposed that all portable AC testing be                 systems. (California IOUs, Standards
                                               that, if no auto-evaporative feature is                 conducted with any louver oscillation                    Preliminary Analysis, No. 15 at p. 4;
                                               available, the gravity drain would be                   feature disabled and the louvers fully                   California IOUs, No. 20 at pt. 2)
                                               used. DOE further proposed that, if no                  open and positioned parallel to the air                     Based on limited power factor data on
                                               auto-evaporative feature or gravity drain               flow to provide maximum air flow and                     four test units, DOE observed average
                                               is available, and a condensate pump is                  capacity. If the louvers oscillate by                    power factors of 0.978, 0.971, 0.987, and
                                               included, or if the manufacturer                        default with no option to disable the                    0.95 with all cooling mode components
                                               specifies the use of an included                        feature, testing would proceed with the                  operating. Because the power factors are
                                               condensate pump during cooling mode                     louver oscillation enabled, without                      consistently near 1, DOE’s information
                                               operation, then the portable AC would                   altering the unit construction or                        suggests there is no significant
                                               be tested with the condensate pump                      programming. 80 FR 10211, 10229 (Feb.                    difference between the power drawn by
                                               enabled. For these units, DOE also                      25, 2015).                                               a portable AC and the apparent power
                                               proposed to require the use of Section                     AHAM and DENSO agreed with                            supplied to the unit. DOE expects that
                                               7.1.2 of AHAM PAC–1–2014 if the                         DOE’s proposed clarification that all                    the metrics established in this final rule
                                               pump cycles on and off. 80 FR 10211,                    portable AC performance testing be                       accurately reflect the energy
                                               10229 (Feb. 25, 2015).                                  conducted with the maximum louver
                                                  AHAM agreed that, for portable ACs                                                                            consumption of portable ACs, and that
                                                                                                       opening and, where applicable, with the                  the burdens of measuring and reporting
                                               both with and without means for auto-                   louver oscillation feature disabled
                                               evaporation to remove the collected                                                                              power factor would outweigh any
                                                                                                       throughout testing. (AHAM, No. 18 at p.                  potential benefits of this information.
                                               condensate, an internal pump to collect                 6; DENSO, No. 14 at pp. 2–3) DOE
                                               condensate should be used only if it is                                                                          Therefore, DOE is not establishing
                                                                                                       adopts in this final rule the proposals in               requirements for measuring and
                                               specified by the manufacturer for use                   the February 2015 NOPR regarding the
                                               during typical cooling operation.                                                                                reporting power factor in this final rule.
                                                                                                       louver positioning and oscillating
                                               (AHAM, No. 18 at p. 6) DENSO agreed                     feature settings.                                        12. Test Condition Tolerances
                                               that the test procedure should specify
                                                                                                       10. Electrical Supply                                      In the February 2015 NOPR, DOE
                                               the form of condensate disposal
                                                                                                                                                                proposed a more stringent tolerance for
                                               recommended by the manufacturer.                          In the February 2015 NOPR, DOE
                                                                                                                                                                the evaporator inlet dry-bulb
                                               (DENSO, No. 14 at p. 2) Therefore, DOE                  proposed that for active mode testing,
                                                                                                                                                                temperature when testing single-duct
                                               adopts in this final rule the test setup                the input standard voltage be
                                                                                                                                                                portable ACs compared to the tolerance
                                               instructions relating directly to                       maintained at 115 V ±1 percent and that
                                                                                                                                                                specified for dry-bulb temperature in
                                               condensate collection proposed in the                   the electrical supply be set to the
                                                                                                                                                                Table 2b of ANSI/ASHRAE Standard
                                               February 2015 NOPR.                                     nameplate listed rated frequency,
                                                                                                                                                                37–2009. The proposed tolerance is
                                                                                                       maintained within ±1 percent. 80 FR
                                               9. Control Settings                                                                                              consistent with the evaporator inlet wet-
                                                                                                       10211, 10230 (Feb. 25, 2015).
                                                  In the February 2015 NOPR, DOE                         AHAM supported DOE’s proposed                          bulb temperature tolerance; i.e.,
                                               proposed that when conducting the                       input voltage and frequency standard.                    individual values must remain within a
                                               cooling mode and heating mode tests                     (AHAM, No. 18 at p. 7) DOE adopts in                     range of 1.0 °F, with the average of all
                                               (the latter of which was removed from                   this final rule the February 2015 NOPR                   measured values within 0.3 °F of the
                                               consideration in the November 2015                      proposals regarding the input standard                   nominal value. Specifically, DOE
                                               SNOPR), the fan be set at the maximum                   voltage and frequency settings.                          proposed that the condenser inlet dry-
                                               speed if the fan speed is user adjustable                                                                        bulb temperature would be maintained
                                               and the temperature controls be set to                  11. Power Factor                                         within the test tolerance as specified in
                                               the lowest or highest available values,                   The California IOUs recommended                        Table 2b of ANSI/ASHRAE Standard
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                                               respectively. These control settings                    that DOE require testing and reporting                   37–2009. This tolerance modification
                                               represent the settings a consumer would                 of portable AC power factor 14 under the                 ensured that all test laboratories first
                                               select to achieve the primary function of                                                                        maintain the evaporator inlet test
                                                                                                         14 The power factor of an alternating current
                                               the portable AC, which is to cool or heat
                                                                                                       electrical power system is defined as the ratio of the   high power factor for the same amount of useful
                                               the desired space as quickly as possible                real power flowing to the load to the apparent           power transferred. The higher currents associated
                                               and then to maintain these conditions.                  power in the circuit. A load with a low power factor     with low power factor increase the amount of
                                               80 FR 10211, 10229 (Feb. 25, 2015).                     draws more electrical current than a load with a         energy lost in the electricity distribution system.



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                                                                 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations                                        35257

                                               conditions and then ensure that                         functions are both primary modes,                     measurement for air circulation mode.
                                               condenser inlet conditions satisfy the                  unlike dehumidification mode and                      (AHAM, Public Meeting Transcript, No.
                                               tolerance requirements. 80 FR 10211,                    others omitted from the test procedure.               13 at p. 64; DENSO, No. 14 at p. 3)
                                               10226 (Feb. 25, 2015).                                  The California IOUs believe that                        DOE adopts in this final rule the
                                                 AHAM agreed with DOE’s proposed                       including heating mode testing would                  February 2015 NOPR proposals to not
                                               tolerance for the evaporator inlet dry-                 not disproportionately increase test                  measure or allocate annual operating
                                               bulb within a range of 1.0 °F with an                   burden. The California IOUs proposed                  hours to air circulation mode.
                                               average difference of 0.3 °F. (AHAM,                    that DOE define a separate efficiency                 F. Off-Cycle Mode
                                               No. 18 at p. 5) Therefore, in this final                ratio, CEERHM, similar to the cooling
                                               rule, DOE adopts this tolerance                         mode metric proposed in the February                     In the February 2015 NOPR, DOE
                                               specification in appendix CC.                           2015 NOPR, CEERCM, and that units                     proposed a definition for off-cycle mode
                                                                                                       with a heating mode would then be                     and further proposed that off-cycle
                                               D. Heating Mode                                                                                               mode energy use be measured according
                                                                                                       rated with a separate metric for heating
                                                  In the February 2015 NOPR, DOE                       capacity. The California IOUs believe                 to a test beginning 5 minutes after the
                                               proposed a definition for heating mode                  that this would mitigate potential                    completion of the cooling mode test and
                                               and proposed a heating mode test                        confusion with a blended metric and                   ending after a period of 2 hours. DOE
                                               procedure that was based on AHAM                        consumers would be effectively                        also proposed that the electrical supply
                                               PAC–1–2014 with comparable                              informed of independent performance                   be the same as specified for cooling
                                               adjustments as were considered for                      in cooling and heating modes.                         mode (see section III.C.10 of this final
                                               cooling mode, except at lower                           (California IOUs, No. 24 at p. 3)                     rule) and that this measurement be
                                               temperature ambient conditions. 80 FR                      DOE notes that although some                       made using the same power meter
                                               10211, 10230–10231 (Feb. 25, 2015).                     portable ACs offer an ‘‘auto mode’’ that              specified for standby mode and off
                                               DOE received comments in response to                    allows for both cooling and heating                   mode. DOE further proposed that for
                                               the February 2015 NOPR proposals,                       mode operation depending upon the                     units with adjustable fan speed settings,
                                               and, based on those comments, in the                    ambient temperature, available data                   the fan remain set at the maximum
                                               November 2015 SNOPR, DOE removed                        suggest that portable ACs are not used                speed during off-cycle mode testing. 80
                                               the heating mode test provisions from                   for heating purposes for a substantial                FR 10211, 10232 (Feb. 25, 2015).
                                               the proposed DOE portable AC test                       amount of time. In the Burke Portable                    AHAM opposed the proposed
                                               procedure, including the definition of                  AC Study, the 19 metered test units                   measurement of off-cycle mode energy
                                               heating mode and calculations for                       were determined to operate solely in                  use, suggesting that DOE did not
                                               heating mode-specific and total                         cooling mode, fan mode, or off/standby                provide sufficient portable AC-specific
                                               combined energy efficiency ratio. DOE                   mode, even for an example test site                   usage data to support the inclusion of
                                               concluded that the combined energy                      where monthly average outdoor                         off-cycle mode and estimate the burden
                                               efficiency ratio, CEER, which represents                temperatures ranged from 59.8 °F to                   associated with testing. Specifically,
                                               energy efficiency in cooling mode, off-                 71.5 °F. Input from manufacturers                     AHAM expressed concern that DOE
                                               cycle mode, standby mode, and off                       during confidential interviews                        based the proposed definition and
                                               mode, would capture representative                      confirmed the conclusion that any                     testing provisions for portable ACs on a
                                               performance of portable ACs because                     heating function for portable ACs is                  recent dehumidifier test procedure
                                               they are primarily used as cooling                      infrequently used, and no further                     rulemaking because the two products do
                                               products. 80 FR 74020, 74031 (Nov. 27,                  substantiation was provided by the                    not have the same consumer usage.
                                               2015).                                                  California IOUs to support their                      AHAM suggested that portable ACs
                                                  AHAM supported DOE’s proposal to                     assertion that heating mode is a                      have fewer standby operating hours
                                               remove the heating mode metric from                     significant operating mode. DOE                       than dehumidifiers and that off-cycle
                                               the test procedure, as it is consistent                 concludes that doubling the active mode               mode will contribute a negligible
                                               with AHAM’s position that heating is                    testing time and correspondingly                      amount of energy use. (AHAM, No. 18
                                               not the main consumer utility and that                  increasing test burden is not justified.              at p. 8)
                                               there is no adequate data on consumer                   Therefore, DOE maintains the November                    Because portable ACs have a similar
                                               usage to demonstrate a benefit that                     2015 SNOPR proposal and does not                      off-cycle mode to dehumidifiers, DOE
                                               would justify the burden of testing in                  establish a heating mode test or                      used the dehumidifier test procedure as
                                               this mode. (AHAM, No. 23 at pp. 5–6)                    efficiency metric in this final rule. As              a starting point for the development of
                                                  The California IOUs commented that                   stated in the November 2015 SNOPR,                    the portable AC definitions and test
                                               heating mode is a significant operating                 DOE will continue to evaluate the need                procedure. DOE notes that for
                                               mode for portable ACs and should be                     for a representative heating mode test                dehumidifiers and portable ACs, off-
                                               included in the test procedure in order                 procedure for portable ACs and may                    cycle mode is a mode automatically
                                               to accurately reflect the actual usage of               consider including a test for heating                 entered when the dehumidifier
                                               the equipment. The California IOUs                      mode in a future test procedure                       humidity setpoint or portable AC
                                               noted that heating mode may work in                     rulemaking.                                           temperature setpoint is reached.
                                               conjunction with cooling mode, as seen                                                                        Therefore, although the consumer usage
                                               in products with an ‘‘auto mode’’ that                  E. Air Circulation Mode                               of these products affects the time spent
                                               automatically selects heating or cooling                  In the February 2015 NOPR, DOE                      in off-cycle mode by means of the
                                               mode using a thermostat to maintain the                 proposed to not measure energy                        humidity or temperature setpoint
                                               set temperature. They further noted that                consumption in, or allocate annual                    selection, off-cycle mode hours are also
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                                               DOE’s annual operating hour estimates                   operating hours to, air circulation mode              a function of the unit capacity, room
                                               for heating mode suggested that the                     due to lack of usage information for this             size, and ambient heat or humidity load.
                                               heating season is longer than the cooling               consumer-initiated air circulation                    Therefore, there is no basis for
                                               season and would therefore provide                      feature. 80 FR 10211, 10216, 10236 (Feb.              concluding that the dehumidifier
                                               more opportunity for heating mode                       25, 2015).                                            provisions for testing off-cycle mode are
                                               operation. The California IOUs                            AHAM and DENSO agreed with                          any less applicable to portable ACs than
                                               concluded that cooling and heating                      DOE’s proposal to not include a                       they are for dehumidifiers. Further,


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                                               35258             Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations

                                               because off-cycle mode is performed                     representative of delay-start mode and                  the test room ambient temperature
                                               immediately following active mode,                      to include the operating hours for delay-               during testing, and the assignment of
                                               there are no necessary test setup                       start mode in the estimate for inactive                 power consumption and operating
                                               adjustments and the only burden                         mode operating hours for the purposes                   hours for inactive mode and bucket-full
                                               associated with off-cycle mode is test                  of calculating a combined metric.                       mode.
                                               time, during which no technician input                  Further detail on each of these modes                   H. Energy Efficiency Metrics
                                               is necessary. Therefore, DOE believes                   and the proposal to include the delay-
                                               the incremental test burden associated                  start mode hours in the estimate for                    1. Annual Operating Mode Hours
                                               with testing off-cycle mode energy                      inactive mode operating hours can be                       As initially presented in the February
                                               consumption is low. DOE discusses the                   found in the February 2015 NOPR. 80                     2015 NOPR, DOE developed estimates
                                               burden associated with the adopted                      FR 10211, 10233 (Feb. 25, 2015).                        of portable AC annual operating mode
                                               portable AC test procedure in detail in                   AHAM agreed with DOE’s proposed                       hours for cooling mode, heating mode,
                                               section IV.B of this final rule.                        definitions of standby mode and also                    off-cycle mode, and inactive or off
                                                  DENSO noted that other similar                       agreed with DOE’s proposal to                           mode. In the November 2015 SNOPR,
                                               products, such as room ACs, generally                   incorporate delay start into inactive                   DOE removed consideration of heating
                                               operate the fans only when the                          mode. (AHAM, No. 18 at p. 9)                            mode and updated the proposed annual
                                               compressor operates, possibly with a                      In this final rule, DOE establishes in                operating hours for the remaining
                                               short delay-off at the end of the                       appendix CC the standby mode, inactive                  modes based on the ‘‘Cooling Only’’
                                               compressor cycle. In addition, DENSO                    mode, and off mode definitions                          scenario presented in the February 2015
                                               commented that it does not believe that                 proposed in the February 2015 NOPR,                     NOPR as follows in Table III.4:
                                               the fan would be operating at the                       and also maintains the determination
                                               maximum speed unless the compressor                     that the power consumption in inactive                    TABLE III.4—SNOPR PROPOSED
                                               is running. DENSO commented,                            mode is representative of delay-start                   ANNUAL OPERATING HOURS BY MODE
                                               therefore, that off-cycle mode testing                  mode and thus does not require
                                               should be conducted under                               measurement of delay-start mode power                                                          Operating
                                               representative operating conditions, and                consumption.                                                         Modes                      hours
                                               that the fan control setting should be in               2. Determination of Standby Mode and
                                               accordance with manufacturer’s                                                                                  Cooling Mode .......................           750
                                                                                                       Off Mode Power Consumption                              Off-Cycle Mode .....................           880
                                               instructions. (DENSO, No. 14 at p. 3)
                                                                                                          In the February 2015 NOPR, DOE                       Inactive or Off Mode .............           1,355
                                                  In development of the portable AC
                                               test procedure, DOE reviewed other test                 proposed to specify testing and
                                                                                                       conditions for measuring standby mode                     More information on the development
                                               procedures for similar products. With
                                                                                                       and off power consumption according to                  of these annual hours for each operating
                                               respect to DENSO’s comment, DOE
                                                                                                       International Electrotechnical                          mode can be found in the February 2015
                                               recognizes that there may be benefits
                                                                                                       Commission (IEC) Standard 62301,                        NOPR. 80 FR 10211, 10235–10237 (Feb.
                                               associated with running the fan for a
                                                                                                       ‘‘Household electrical appliances—                      25, 2015).
                                               short period of time following a                                                                                  AHAM opposed DOE’s reliance on
                                               compressor cycle, such as for defrosting                Measurement of standby power,’’
                                                                                                                                                               room AC data to determine annual
                                               and drying coils and providing                          Publication 62301, Edition 2.0 (2011–
                                                                                                                                                               operating hours for portable ACs.
                                               additional cooling to the room, and                     01) (hereinafter referred to as ‘‘IEC
                                                                                                                                                               According to AHAM, although portable
                                               therefore maintains the provisions in                   Standard 62301’’) in accordance with
                                                                                                                                                               ACs and room ACs are similar, they
                                               this final rule which specify that the off-             EPCA. DOE proposed that the power
                                                                                                                                                               have inherent differences in installation
                                               cycle mode test procedure begin 5                       consumption in inactive mode be
                                                                                                                                                               and use patterns. AHAM urged DOE to
                                               minutes following the end of a                          measured, and that the annual hours
                                                                                                                                                               obtain portable AC-specific consumer
                                               compressor on cycle. Because                            assigned to that power measurement
                                                                                                                                                               usage data to demonstrate that portable
                                               consumers are unlikely to readjust                      would be the sum of annual hours for
                                                                                                                                                               AC and room AC use are comparable to
                                               control settings, including fan speed,                  inactive mode and bucket-full mode,15
                                                                                                                                                               validate the annual operating hour
                                               between cooling mode and off-cycle                      based on a determination of
                                                                                                                                                               proposals. (AHAM, No. 23 at pp. 6–7)
                                               mode and manufacturers may                              commonality in power consumption in                       In response to AHAM’s concern
                                               automatically adjust fan speed during                   inactive and bucket-full modes. DOE                     regarding the lack of portable AC-
                                               off-cycle mode regardless of the user                   additionally proposed that the test room                specific data, DOE notes that the utility
                                               control settings, DOE is specifying that                ambient air temperatures for standby                    of portable ACs and room ACs are
                                               no control settings other than                          mode and off mode testing would be                      similar, in that they serve similar
                                               temperature setpoint are to be manually                 specified in accordance with IEC                        applications and are similar in
                                               changed between cooling mode testing                    Standard 62301. 80 FR 10211, 10233–                     technologies, cost, and functionality.
                                               and the subsequent off-cycle mode                       10234 (Feb. 25, 2015).                                  Therefore, DOE believes that it is
                                               testing in the appendix CC established                     AHAM agreed with each of these
                                                                                                                                                               reasonable to assume that usage patterns
                                               in this final rule.                                     proposals. (AHAM, No. 18 at p. 9) In
                                                                                                                                                               of portable ACs and room ACs will also
                                                                                                       this final rule, DOE establishes the
                                               G. Standby Mode and Off Mode                                                                                    be similar. DOE requested data and
                                                                                                       February 2015 NOPR proposals
                                                                                                                                                               information regarding consumer usage
                                               1. Mode Definitions                                     regarding the determination of standby
                                                                                                                                                               of portable ACs in both the February
                                                                                                       mode and off mode power consumption,
                                                  In the February 2015 NOPR, DOE                                                                               2015 NOPR and the November 2015
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                                               proposed definitions for standby mode                     15 In the February 2015 NOPR, DOE described
                                                                                                                                                               SNOPR. DOE notes that no additional
                                               and off mode, as well as methods to                     bucket-full mode as a standby mode in which the         information or data were provided by
                                               measure standby mode and off mode                       condensate level in the internal collection container   AHAM or any other party regarding
                                               energy consumption for portable ACs.                    reaches a manufacturer-specified threshold or the       portable AC usage patterns. Therefore,
                                                                                                       collection container is removed; any cooling,
                                               DOE also proposed to consider the                       heating, or air-circulation functions are disabled;
                                                                                                                                                               in the absence of additional consumer
                                               power consumption in inactive mode,                     and an indication is provided to the consumer that      usage data from any available sources,
                                               defined as a standby mode, as                           the container is full.                                  DOE continues to utilize the most


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                                                                 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations                                       35259

                                               relevant consumer use data available for                2. CEER Calculation                                   addition of a second set of testing
                                               portable ACs and establishes in                            In the November 2015 SNOPR, DOE                    conditions for dual-duct units. DOE
                                               appendix CC the annual operating mode                   proposed to revise the CEER metric                    proposed that the updated CEER
                                               hours in Table III.4.                                   calculation that was proposed in the                  calculation, which would use the same
                                                                                                       February 2015 NOPR to reflect the                     weighting factors as were developed for
                                                                                                       elimination of heating mode and the                   SACC, would be determined as:




                                               Where:                                                  heat transfer effects (see section III.C.2.c,         product during a representative average
                                                  CEERSD and CEERDD are the combined                   section III.C.5, and section III.C.6 of this          use cycle or period of use and not be
                                               energy efficiency ratios for single-duct and            final rule, respectively). DOE maintains              unduly burdensome to conduct. (42
                                               dual duct units, respectively, in British               the proposals from the November 2015                  U.S.C. 6293(b)(3)) In the February 2015
                                               thermal units per watt-hour (Btu/Wh).                   SNOPR, and establishes the above CEER
                                                  ACC95 and ACC83 are the adjusted cooling
                                                                                                                                                             NOPR, DOE concluded that establishing
                                                                                                       calculations in this final rule.                      a test procedure to measure the energy
                                               capacities at the 95 °F and 83 °F dry-bulb
                                               outdoor conditions, respectively, in Btu/h.             3. Annual Operating Costs                             consumption of single-duct and dual-
                                                 AECSD is the annual energy consumption                                                                      duct portable ACs in active mode,
                                               in cooling mode for single-duct units, in                 In the February 2015 NOPR, DOE                      standby mode, and off mode would
                                               kWh/year.                                               proposed that the annual energy                       produce the required test results and
                                                  AEC95 is the annual energy consumption in            consumption in cooling mode, AECcm,                   would not be unduly burdensome to
                                               cooling mode for dual-duct units, assuming              and the total annual energy
                                               all cooling mode hours would be at the 95 °F                                                                  conduct. This determination was driven
                                                                                                       consumption in all modes except                       by the many similarities between the
                                               dry-bulb outdoor conditions, in kWh/year.               cooling and heating, AECT, would be
                                                  AEC83 is the annual energy consumption in                                                                  necessary testing equipment and
                                                                                                       utilized in calculating the estimated
                                               cooling mode for dual-duct units, assuming                                                                    facilities for portable ACs and other
                                               all cooling mode hours would be at the 83 °F            annual operating cost. The sum of the
                                                                                                       two annual energy consumption metrics                 products, the performance of which is
                                               dry-bulb outdoor conditions, in kWh/year.                                                                     currently certified through a DOE test
                                                  AECT is the total annual energy                      would then be multiplied by a
                                               consumption attributed to all modes except              representative average unit cost of                   procedure. Therefore, DOE tentatively
                                               cooling, in kWh/year.                                   electrical energy in dollars per kilowatt-            concluded that manufacturers would
                                                  t is the number of cooling mode hours per            hour as provided by the Secretary to                  not be required to make significant
                                               year, 750.                                              obtain the estimated annual operating                 investment in test facilities and new
                                                  k is 0.001 kWh/Wh conversion factor for              cost. 80 FR 10211, 10234 (Feb. 25,                    equipment. 80 FR 10211, 10238 (Feb.
                                               watt-hours to kilowatt-hours.                                                                                 25, 2015)
                                                                                                       2015). DOE maintained this proposal in
                                                  0.2 is the weighting factor for the 95 °F dry-
                                               bulb outdoor condition test.                            the November 2015 SNOPR with slight                      In the November 2015 SNOPR, DOE
                                                  0.8 is the weighting factor for the 83 °F dry-       modifications to address multiple                     proposed modifications to the test
                                               bulb outdoor condition test.                            cooling mode test conditions and to                   procedure proposed in the February
                                               80 FR 74020, 74032 (Nov. 27, 2015).                     remove reference to heating mode. DOE                 2015 NOPR, and noted that those
                                                                                                       received no comments from interested                  modifications to the portable AC test
                                                  The California IOUs supported the                    parties in response to either proposal.
                                               proposed test procedure and CEER                                                                              procedures would not significantly
                                                                                                       Therefore, in the absence of any                      increase the overall test burden
                                               calculations with the ACC metric,                       comments and to support a potential
                                               which accounts for the impact of                                                                              compared to the test procedure
                                                                                                       portable AC labeling program should
                                               infiltration air due to the draw of                                                                           proposed in the February 2015 NOPR
                                                                                                       the Federal Trade Commission (FTC)
                                               condenser air flow from the conditioned                                                                       and may instead reduce the overall test
                                                                                                       establish such a program similar to that
                                               space as well as duct and case heat                     for room ACs, DOE adopts in this final                burden. 80 FR 74020, 74032–74033
                                               transfer effects. (California IOUs, No. 20              rule the annual operating cost                        (Nov. 27, 2015).
                                               at p. 1)                                                calculations that were proposed in the                   Because no substantive changes were
                                                  AHAM opposed the proposed CEER                       November 2015 SNOPR.                                  made between the November 2015
                                               equations as proposed in the February                                                                         SNOPR and this final rule, DOE
                                               2015 NOPR, commenting that the                          I. Compliance With Other Energy Policy
                                                                                                                                                             maintains its determination from the
                                               equations should be modified to remove                  and Conservation Act Requirements
                                                                                                                                                             November 2015 SNOPR that the
                                               the considerations for air infiltration
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                                                                                                       1. Test Burden                                        portable AC test procedure established
                                               and duct and case heat transfer effects.
                                               (AHAM, No. 18 at p. 10)                                    EPCA requires that any test                        in this final rule would produce test
                                                  For the reasons discussed previously                 procedures prescribed or amended be                   results that measure energy
                                               in this preamble, DOE is including air                  reasonably designed to produce test                   consumption during representative use
                                               infiltration and duct heat transfer effects             results which measure energy                          and would not be unduly burdensome
                                               in its measurement of portable AC                       efficiency, energy use, or estimated                  to conduct.
                                               performance, but is not including case                  annual operating cost of a covered
                                                                                                                                                                                                       ER01JN16.000</GPH>




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                                               35260             Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations

                                               2. Potential Incorporation of                           CEER based on the lower of the sample                 Regulatory Planning and Review, 58 FR
                                               International Electrotechnical                          mean or the lower 95-percent                          51735 (Oct. 4, 1993). Accordingly, this
                                               Commission Standard 62087                               confidence limit of the true mean                     action was not subject to review under
                                                  Under 42 U.S.C. 6295(gg)(2)(A), EPCA                 divided by 0.90. 80 FR 74020, 74032                   the Executive Order by the Office of
                                               directs DOE to consider IEC Standard                    (Nov. 27, 2015). The confidence limit                 Information and Regulatory Affairs
                                               62087 when amending test procedures                     and derating factor proposed are                      (OIRA) in the OMB.
                                               for covered products to include standby                 consistent with those applied to other                B. Review Under the Regulatory
                                               mode and off mode power                                 refrigeration-based consumer products,                Flexibility Act
                                               measurements. DOE reviewed IEC                          such as dehumidifiers and refrigerators,
                                                                                                       as DOE believes product variability and                  The Regulatory Flexibility Act (5
                                               Standard 62087, ‘‘Methods of                                                                                  U.S.C. 601 et seq.) requires preparation
                                               measurement for the power                               measurement repeatability associated
                                                                                                       with the measurements proposed for                    of an initial regulatory flexibility
                                               consumption of audio, video, and                                                                              analysis (IRFA) for any rule that by law
                                               related equipment’’ (Edition 3.0 2011–                  rating portable ACs are similar to those
                                                                                                       for the other consumer products.                      must be proposed for public comment
                                               04), and has determined that it would                                                                         and a final regulatory flexibility analysis
                                               not be applicable to measuring power                       DOE received no comments in
                                                                                                       response to the sampling plan and                     (FRFA) for any such rule that an agency
                                               consumption of electrical appliances                                                                          adopts as a final rule, unless the agency
                                               such as portable ACs. Therefore, DOE                    rounding requirements proposed in
                                                                                                       either the February 2015 NOPR or the                  certifies that the rule, if promulgated,
                                               determined that referencing IEC                                                                               will not have a significant economic
                                               Standards 62087 is not appropriate for                  November 2015 SNOPR, and therefore
                                                                                                       maintains the proposals from the                      impact on a substantial number of small
                                               the test procedure established in this                                                                        entities. A regulatory flexibility analysis
                                               final rule.                                             November 2015 SNOPR to establish a
                                                                                                       new section 10 CFR 429.62 in this final               examines the impact of the rule on
                                               J. Sampling Plan and Rounding                           rule that specifies the sampling and                  small entities and considers alternative
                                               Requirements                                            rounding requirements for CEER and                    ways of reducing negative effects. As
                                                                                                       SACC for portable ACs.                                required by Executive Order 13272,
                                                  In the February 2015 NOPR, DOE                                                                             ‘‘Proper Consideration of Small Entities
                                               proposed sampling plan and rounding                        DOE also notes that certification
                                                                                                       requirements for portable ACs, which                  in Agency Rulemaking,’’ 67 FR 53461
                                               requirements for portable ACs to enable                                                                       (Aug. 16, 2002), DOE published
                                               manufacturers to make representations                   would also be located at 10 CFR
                                                                                                       429.62(b), would be considered in the                 procedures and policies on February 19,
                                               of energy consumption or efficiency                                                                           2003, to ensure that the potential
                                               metrics, which would be included in                     concurrent energy conservation
                                                                                                       standards rulemaking, as certification is             impacts of its rules on small entities are
                                               the proposed 10 CFR 429.62. For the                                                                           properly considered during the DOE
                                               sampling plan, DOE proposed general                     not required for any equipment until
                                                                                                                                                             rulemaking process. 68 FR 7990. DOE
                                               sampling requirements for selecting                     and unless energy conservation
                                                                                                                                                             has made its procedures and policies
                                               units to be tested and provided                         standards are established.
                                                                                                                                                             available on the Office of the General
                                               direction regarding a sufficient sample                 K. General Comments                                   Counsel’s Web site: http://energy.gov/
                                               size. DOE also proposed a method to                                                                           gc/office-general-counsel.
                                               determine a representative value for                       De’ Longhi stated that a round robin
                                                                                                                                                                DOE reviewed this final rule under
                                               measures of energy consumption, that                    test would be necessary to compare the
                                                                                                                                                             the provisions of the Regulatory
                                               all calculations be performed with the                  results of different laboratories on the
                                                                                                                                                             Flexibility Act and the procedures and
                                               unrounded measured values, and that                     same units and ensure the validity of
                                                                                                                                                             policies published on February 19,
                                               the reported cooling or heating capacity                the test procedure. (De’ Longhi, No. 16
                                                                                                                                                             2003. This final rule establishes test
                                               be rounded in accordance with Table 1                   at p. 4) DOE invited manufacturers and
                                                                                                                                                             procedures to measure the energy
                                               of AHAM PAC–1–2014, now referenced                      other interested parties to submit testing
                                                                                                                                                             consumption of single-duct and dual-
                                               as ANSI/AHAM PAC–1–2015 as                              data on its various proposals, and did
                                                                                                                                                             duct portable ACs in active modes,
                                               discussed in section III.C.1 of this final              not receive any results pertaining to its
                                                                                                                                                             standby modes, and off mode. DOE has
                                               rule. DOE further proposed that all                     proposals.
                                                                                                                                                             concluded that the rule would not have
                                               energy efficiency metrics be rounded to                    AHAM stated that it supports energy
                                                                                                                                                             a significant impact on a substantial
                                               the nearest 0.1 Btu/Wh. 80 FR 10211,                    conservation standards and test
                                                                                                                                                             number of small entities. The factual
                                               10237–10238 (Feb. 25, 2015).                            procedures for portable ACs, and
                                                                                                                                                             basis for this certification is as follows:
                                                  In the November 2015 SNOPR, DOE                      requested that DOE finalize the test
                                                                                                                                                                The Small Business Administration
                                               removed reference to the eliminated                     procedure prior to publishing a
                                                                                                                                                             (SBA) considers a business entity to be
                                               cooling energy efficiency ratio and                     proposed rule for portable AC
                                                                                                                                                             small business, if, together with its
                                               heating energy efficiency ratio and                     standards. (AHAM, No. 18 at p. 2) In
                                                                                                                                                             affiliates, it employs less than a
                                               replaced cooling mode capacity and                      issuing this final rule, DOE is
                                                                                                                                                             threshold number of workers specified
                                               heating mode capacity with SACC in the                  completing its rulemaking to establish a
                                                                                                                                                             in 13 CFR part 121. These size standards
                                               proposed sampling plan and rounding                     new test procedure for portable ACs.
                                                                                                                                                             and codes are established by the North
                                               requirements in 10 CFR part 429. The                    DOE is continuing to consider portable
                                                                                                                                                             American Industry Classification
                                               rated SACC would be based on the test                   AC energy conservation standards in a
                                                                                                                                                             System (NAICS). The threshold number
                                               sample mean, rounded as appropriate.                    concurrent rulemaking.
                                                                                                                                                             for NAICS classification code 333415,
                                               DOE also clarified that the                             IV. Procedural Issues and Regulatory                  ‘‘Air-Conditioning and Warm Air
                                               representative CEER for a basic model                   Review                                                Heating Equipment and Commercial
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                                               would be calculated based on statistical                                                                      and Industrial Refrigeration Equipment
                                               sampling provisions, which account for                  A. Review Under Executive Order 12866
                                                                                                                                                             Manufacturing,’’ which includes
                                               manufacturing and testing variability in                   The Office of Management and Budget                manufacturers of portable ACs, is 1,250
                                               product certification and compliance,                   (OMB) has determined that test                        employees.
                                               rather than be determined as the mean                   procedure rulemakings do not constitute                  As discussed in the February 2015
                                               value among tested units. Under these                   ‘‘significant regulatory actions’’ under              NOPR, DOE surveyed the AHAM
                                               requirements, manufacturers would rate                  section 3(f) of Executive Order 12866,                member directory to identify


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                                                                 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations                                         35261

                                               manufacturers of portable ACs. DOE                      limiting their ability to create unique               impacts conducted in the November
                                               also consulted publicly available data,                 products for customers. Oceanaire and                 2015 SNOPR applies for the test
                                               purchased company reports from                          NAM both suggested that the financial                 procedure established in this final rule.
                                               vendors such as Dun and Bradstreet,                     and resource impacts would ultimately                 The November 2015 SNOPR proposed
                                               and contacted manufacturers, where                      force commercial portable AC                          modifications to the February 2015
                                               needed, to determine if the number of                   manufacturers out of business. DENSO                  NOPR, and DOE determined that those
                                               manufacturers with manufacturing                        agreed, suggesting that the testing,                  modifications were likely to reduce
                                               facilities located within the United                    reporting, and record-keeping associated              overall test burden with respect to the
                                               States that meet the SBA’s definition of                with maintaining compliance with any                  proposals in the February 2015 NOPR.
                                               a ‘‘small business manufacturing                        DOE energy conservation standards                     In the February 2015 NOPR, DOE
                                               facility.’’                                             would be substantial and place                        concluded that the costs associated with
                                                  In the February 2015 NOPR, DOE                       disproportionate burden on commercial                 its proposals were small compared to
                                               estimated that there was one small                      portable AC manufacturers. (Oceanaire,                the overall financial investment needed
                                               business that may manufacture single-                   No. 10 at pp. 1–2; NAM, No. 17 at p. 3;               to undertake the business enterprise of
                                               duct or dual-duct portable ACs and                      DENSO, No. 14 at p. 4)                                developing and testing consumer
                                               would be subject to the test procedure                     Over the course of this rulemaking                 products. DOE determined that no small
                                               proposed in the February 2015 NOPR.                     and the concurrent standards                          business would require the purchase or
                                               After the February 2015 NOPR was                        rulemaking for portable ACs, DOE has                  modification of testing equipment in
                                               published, DOE determined that the                      sought and carefully considered inputs                order to conduct cooling mode testing,
                                               small business does not currently                       received from interested parties                      and estimated a potential cost of
                                               produce single-duct or dual-duct                        regarding test burdens and associated                 approximately $2,000 in the event that
                                               portable ACs. DOE, therefore,                           impacts on all portable AC                            a small business needed to purchase a
                                               tentatively concluded and certified in                  manufacturers affected by the                         wattmeter suitable for standby mode, off
                                               the November 2015 SNOPR that the                        rulemakings, including any small                      mode, and off-cycle mode testing. 80 FR
                                               proposed rule would not have a                          entities. Furthermore, DOE established a              10211, 10239 (Feb. 25, 2015), 80 FR
                                               significant economic impact on a                        definition of a ‘‘portable air                        74020, 74033 (Nov. 27, 2015).
                                               substantial number of small entities,                   conditioner’’ in the April 2106 Coverage                 After estimating the potential impacts
                                               since none could be identified that                     Determination for portable ACs (81 FR                 of the new test procedure provisions
                                               manufactured products subject to the                    22514, 22516, 22519–22520 (April 18,                  and considering feedback from
                                               test procedure proposed in the                          2016)) that clarifies the characteristics             interested parties regarding test
                                               November 2015 SNOPR. Since the                          and operation of this consumer product.               burdens, DOE concludes that the cost
                                               publication of the November 2015                        The requirement that the product                      effects accruing from the final rule
                                               SNOPR, DOE did not discover any small                   operate on single-phase electric current              would not have a ‘‘significant economic
                                               businesses that currently manufacturer                  would exclude from coverage many of                   impact on a substantial number of small
                                               single-duct or dual-duct portable ACs,                  the high-capacity products to which                   entities,’’ and that the preparation of an
                                               and therefore, concludes that the test                  Oceanaire and NAM referred.                           FRFA on that basis also would not be
                                               procedure established in this final rule                Additionally, any products that meet                  warranted.
                                               would not have a significant impact on                  the portable AC definition as
                                                                                                                                                             C. Review Under the Paperwork
                                               a substantial number of small entities.                 established in the coverage
                                                                                                                                                             Reduction Act of 1995
                                               On this basis, DOE has determined that                  determination and that do not meet the
                                               the preparation of an FRFA is not                       definitions for single-duct portable AC                 While there are currently no energy
                                               warranted and has submitted a                           or dual-duct portable AC are not                      conservation standards for portable ACs,
                                               certification and supporting statement                  required to be tested under the                       DOE recently published a final
                                               of factual basis to the Chief Counsel for               provisions established in this final rule.            determination establishing portable ACs
                                               Advocacy of the Small Business                          Although Oceanaire, NAM, and DENSO                    as a type of covered product (81 FR
                                               Administration for review under 5                       may manufacture products that meet the                22514, 22517 (April 18, 2016)) and is
                                               U.S.C. 605(b).                                          portable AC definition (or represent                  considering establishing energy
                                                  DOE notes that, in response to the                   such manufacturers), DOE has                          conservation standards for such
                                               February 2015 NOPR, Oceanaire and                       determined that these niche                           products as part of a parallel rulemaking
                                               NAM commented that the cost of testing                  manufacturers do not produce products                 (Docket No. EERE–2013–BT–STD–
                                               and certification for commercial                        that meet the single-duct or dual-duct                0033). Manufacturers of portable ACs
                                               portable ACs would significantly impact                 definitions. Therefore, as discussed                  must certify to DOE that their products
                                               their businesses (or manufacturers that                 earlier in this section, DOE has not                  comply with any applicable energy
                                               they represent). These commenters                       identified any small businesses that                  conservation standards, once
                                               estimated that approximately 15,000                     manufacture the single-duct and dual-                 established. To certify compliance,
                                               large capacity commercial portable ACs                  duct portable ACs that would be                       manufacturers must first obtain test data
                                               (rated capacities up to 65,000 Btu/h) are               affected by this final rule.                          for their products according to the DOE
                                               manufactured annually. Oceanaire and                       Furthermore, DOE evaluated the                     test procedures for portable ACs and
                                               NAM suggested that their niche                          impact of the test procedure established              maintain records of that testing for a
                                               industry utilizes specialized designs,                  in this final rule, should any small                  period of two years, consistent with the
                                               often carrying 45 to 50 basic models and                business manufacturers of single-duct or              requirements of 10 CFR 429.71. As part
                                               other custom designs for costumers with                 dual-duct portable ACs be identified in               of this test procedure final rule, DOE is
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                                               models typically manufactured in                        the future. This final rule adopts the                establishing regulations for
                                               quantities of 10 or less annually.                      proposals in the November 2015 SNOPR                  recordkeeping requirements for portable
                                               Oceanaire asserted that a certification                 with minor additional modifications                   ACs. The collection-of-information
                                               program with third-party verification                   discussed previously in this final rule,              requirement for the certification and
                                               and compliance to the DOE statistical                   though none of the modifications                      recordkeeping is subject to review and
                                               sampling protocol would exceed $1                       impact test burden. Therefore, the                    approval by OMB under the Paperwork
                                               million per year per company, severely                  analysis regarding small business                     Reduction Act (PRA). This requirement


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                                               35262             Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations

                                               has been approved by OMB under OMB                      March 14, 2000, DOE published a                       of Federal regulatory actions on State,
                                               control number 1910–1400. Public                        statement of policy describing the                    local, and Tribal governments and the
                                               reporting burden for the certification is               intergovernmental consultation process                private sector. Public Law 104–4, sec.
                                               estimated to average 30 hours per                       it will follow in the development of                  201 (codified at 2 U.S.C. 1531). For a
                                               response, including the time for                        such regulations. 65 FR 13735. DOE                    regulatory action resulting in a rule that
                                               reviewing instructions, searching                       examined this final rule and determined               may cause the expenditure by State,
                                               existing data sources, gathering and                    that it will not have a substantial direct            local, and Tribal governments, in the
                                               maintaining the data needed, and                        effect on the States, on the relationship             aggregate, or by the private sector of
                                               completing and reviewing the collection                 between the national government and                   $100 million or more in any one year
                                               of information.                                         the States, or on the distribution of                 (adjusted annually for inflation), section
                                                 Notwithstanding any other provision                   power and responsibilities among the                  202 of UMRA requires a Federal agency
                                               of the law, no person is required to                    various levels of government. EPCA                    to publish a written statement that
                                               respond to, nor shall any person be                     governs and prescribes Federal
                                                                                                                                                             estimates the resulting costs, benefits,
                                               subject to a penalty for failure to comply              preemption of State regulations as to
                                               with, a collection of information subject                                                                     and other effects on the national
                                                                                                       energy conservation for the products
                                               to the requirements of the PRA, unless                  that are the subject of this final rule.              economy. (2 U.S.C. 1532(a), (b)) The
                                               that collection of information displays a               States can petition DOE for exemption                 UMRA also requires a Federal agency to
                                               currently valid OMB Control Number.                     from such preemption to the extent, and               develop an effective process to permit
                                                                                                       based on criteria, set forth in EPCA. (42             timely input by elected officers of State,
                                               D. Review Under the National                                                                                  local, and Tribal governments on a
                                               Environmental Policy Act of 1969                        U.S.C. 6297(d)) No further action is
                                                                                                       required by Executive Order 13132.                    proposed ‘‘significant intergovernmental
                                                  In this final rule, DOE establishes a                                                                      mandate,’’ and requires an agency plan
                                               test procedure for portable ACs that will               F. Review Under Executive Order 12988                 for giving notice and opportunity for
                                               be used to support any future energy                       Regarding the review of existing                   timely input to potentially affected
                                               conservation standards for portable ACs.                regulations and the promulgation of                   small governments before establishing
                                               DOE has determined that this rule falls                 new regulations, section 3(a) of                      any requirements that might
                                               into a class of actions that are                        Executive Order 12988, ‘‘Civil Justice                significantly or uniquely affect small
                                               categorically excluded from review                      Reform,’’ 61 FR 4729 (Feb. 7, 1996),                  governments. On March 18, 1997, DOE
                                               under the National Environmental                        imposes on Federal agencies the general               published a statement of policy on its
                                               Policy Act of 1969 (42 U.S.C. 4321 et                   duty to adhere to the following                       process for intergovernmental
                                               seq.) and DOE’s implementing                            requirements: (1) Eliminate drafting                  consultation under UMRA. 62 FR
                                               regulations at 10 CFR part 1021.                        errors and ambiguity; (2) write                       12820; also available at http://
                                               Specifically, this rule considers a test                regulations to minimize litigation; (3)               energy.gov/gc/office-general-counsel.
                                               procedure for portable ACs that is                      provide a clear legal standard for                    DOE examined this final rule according
                                               largely based upon industry test                        affected conduct rather than a general
                                               procedures and methodologies, subject                                                                         to UMRA and its statement of policy
                                                                                                       standard; and (4) promote simplification
                                               to significant input from interested                                                                          and determined that the rule contains
                                                                                                       and burden reduction. Section 3(b) of
                                               parties in response to the February 2015                Executive Order 12988 specifically                    neither an intergovernmental mandate,
                                               NOPR and November 2015 SNOPR, so                        requires that Executive agencies make                 nor a mandate that may result in the
                                               it would not affect the amount, quality                 every reasonable effort to ensure that the            expenditure of $100 million or more in
                                               or distribution of energy usage, and,                   regulation: (1) Clearly specifies the                 any year, so these requirements do not
                                               therefore, will not result in any                       preemptive effect, if any; (2) clearly                apply.
                                               environmental impacts. Thus, this                       specifies any effect on existing Federal              H. Review Under the Treasury and
                                               rulemaking is covered by Categorical                    law or regulation; (3) provides a clear               General Government Appropriations
                                               Exclusion A5 under 10 CFR part 1021,                    legal standard for affected conduct                   Act, 1999
                                               subpart D. Accordingly, neither an                      while promoting simplification and
                                               environmental assessment nor an                         burden reduction; (4) specifies the                      Section 654 of the Treasury and
                                               environmental impact statement is                       retroactive effect, if any; (5) adequately            General Government Appropriations
                                               required.                                               defines key terms; and (6) addresses                  Act, 1999 (Pub. L. 105–277) requires
                                                                                                       other important issues affecting clarity              Federal agencies to issue a Family
                                               E. Review Under Executive Order 13132
                                                                                                       and general draftsmanship under any                   Policymaking Assessment for any rule
                                                 Executive Order 13132, ‘‘Federalism,’’                guidelines issued by the Attorney                     that may affect family well-being. This
                                               64 FR 43255 (Aug. 10, 1999) imposes                     General. Section 3(c) of Executive Order              final rule will not have any impact on
                                               certain requirements on agencies                        12988 requires Executive agencies to                  the autonomy or integrity of the family
                                               formulating and implementing policies                   review regulations in light of applicable             as an institution. Accordingly, DOE has
                                               or regulations that preempt State law or                standards in sections 3(a) and 3(b) to                concluded that it is not necessary to
                                               that have Federalism implications. The                  determine whether they are met or it is               prepare a Family Policymaking
                                               Executive Order requires agencies to                    unreasonable to meet one or more of                   Assessment.
                                               examine the constitutional and statutory                them. DOE has completed the required
                                               authority supporting any action that                    review and determined that, to the                    I. Review Under Executive Order 12630
                                               would limit the policymaking discretion                 extent permitted by law, this final rule
                                               of the States and to carefully assess the               meets the relevant standards of                         DOE has determined, under Executive
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                                               necessity for such actions. The                         Executive Order 12988.                                Order 12630, ‘‘Governmental Actions
                                               Executive Order also requires agencies                                                                        and Interference with Constitutionally
                                               to have an accountable process to                       G. Review Under the Unfunded                          Protected Property Rights’’ 53 FR 8859
                                               ensure meaningful and timely input by                   Mandates Reform Act of 1995                           (March 18, 1988), that this regulation
                                               State and local officials in the                          Title II of the Unfunded Mandates                   will not result in any takings that might
                                               development of regulatory policies that                 Reform Act of 1995 (UMRA) requires                    require compensation under the Fifth
                                               have Federalism implications. On                        each Federal agency to assess the effects             Amendment to the U.S. Constitution.


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                                                                 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations                                          35263

                                               J. Review Under Treasury and General                    Federal Energy Administration                         various portable AC configurations. The
                                               Government Appropriations Act, 2001                     Authorization Act of 1977 (Pub. L. 95–                test procedure established in this final
                                                 Section 515 of the Treasury and                       70). (15 U.S.C. 788; FEAA) Section 32                 rule references various sections of
                                               General Government Appropriations                       essentially provides in relevant part                 ANSI/AHAM PAC–1–2015 that address
                                               Act, 2001 (44 U.S.C. 3516 note) provides                that, where a proposed rule authorizes                test setup, instrumentation, test
                                                                                                       or requires use of commercial standards,              conduct, calculations, and rounding.
                                               for agencies to review most
                                                                                                       the notice of proposed rulemaking must                ANSI/AHAM PAC–1–2015 is readily
                                               disseminations of information to the
                                                                                                       inform the public of the use and                      available on AHAM’s Web site at
                                               public under guidelines established by
                                                                                                       background of such standards. In                      https://www.aham.org/ht/d/Store/.
                                               each agency pursuant to general
                                                                                                       addition, section 32(c) requires DOE to                  In this final rule, DOE also
                                               guidelines issued by OMB. OMB’s
                                                                                                       consult with the Attorney General and                 incorporates by reference the test
                                               guidelines were published at 67 FR
                                                                                                       the Chairman of the Federal Trade                     standard ASHRAE Standard 37–2009,
                                               8452 (Feb. 22, 2002), and DOE’s
                                                                                                       Commission (FTC) concerning the                       titled ‘‘Methods of Testing for Rating
                                               guidelines were published at 67 FR
                                                                                                       impact of the commercial or industry                  Electrically Driven Unitary Air-
                                               62446 (Oct. 7, 2002). DOE has reviewed
                                                                                                       standards on competition.                             Conditioning and Heat Pump
                                               this final rule under the OMB and DOE                     This final rule establishes testing
                                               guidelines and has concluded that it is                                                                       Equipment,’’ (ANSI Approved). ANSI/
                                                                                                       methods contained in the following                    ASHRAE Standard 37–2009 is an
                                               consistent with applicable policies in                  commercial standards: ANSI/AHAM
                                               those guidelines.                                                                                             industry-accepted test standard
                                                                                                       PAC–1–2015, ‘‘Portable Air                            referenced by ANSI/AHAM PAC–1–
                                               K. Review Under Executive Order 13211                   Conditioners’’; and ANSI/ASHRAE                       2015 that defines various uniform
                                                                                                       Standard 37–2009, ‘‘Methods of Testing                methods for measuring performance of
                                                  Executive Order 13211, ‘‘Actions                     for Rating Electrically Driven Unitary
                                               Concerning Regulations That                                                                                   air conditioning and heat pump
                                                                                                       Air-Conditioning and Heat Pump                        equipment. Although ANSI/AHAM
                                               Significantly Affect Energy Supply,                     Equipment’’. While the newly
                                               Distribution, or Use,’’ 66 FR 28355 (May                                                                      PAC–1–2015 references a number of
                                                                                                       established test procedure at appendix                sections in ANSI/ASHRAE Standards
                                               22, 2001), requires Federal agencies to                 CC is not exclusively based on these
                                               prepare and submit to OMB, a                                                                                  37–2009, the test procedure established
                                                                                                       standards, the general approach and                   in this final rule additionally references
                                               Statement of Energy Effects for any                     many components of the test procedure
                                               significant energy action. A ‘‘significant                                                                    one section in ANSI/ASHRAE Standard
                                                                                                       adopt provisions from these standards                 37–2009 that addresses test duration.
                                               energy action’’ is defined as any action                without amendment. DOE has evaluated
                                               by an agency that promulgates or is                                                                           ANSI/ASHRAE Standard 37–2009 is
                                                                                                       these standards and is unable to                      readily available at http://
                                               expected to lead to promulgation of a                   conclude whether they fully comply
                                               final rule, and that: (1) Is a significant                                                                    www.ashrae.org.
                                                                                                       with the requirements of section 32(b) of                In this final rule, DOE also
                                               regulatory action under Executive Order                 the FEAA, (i.e., that they were
                                               12866, or any successor order; and (2)                                                                        incorporates by reference the test
                                                                                                       developed in a manner that fully                      standard IEC 62301, titled ‘‘Household
                                               is likely to have a significant adverse                 provides for public participation,
                                               effect on the supply, distribution, or use                                                                    electrical appliances—Measurement of
                                                                                                       comment, and review). DOE has                         standby power,’’ (Edition 2.0, 2011–01).
                                               of energy; or (3) is designated by the                  consulted with the Attorney General
                                               Administrator of OIRA as a significant                                                                        IEC 62301 is an industry-accepted test
                                                                                                       and the Chairman of the FTC                           standard that sets a standardized
                                               energy action. For any proposed                         concerning the impact on competition
                                               significant energy action, the agency                                                                         method to measure the standby power
                                                                                                       of requiring manufacturers to use the                 of household and similar electrical
                                               must give a detailed statement of any                   test methods contained in these
                                               adverse effects on energy supply,                                                                             appliances. IEC 62301 includes details
                                                                                                       standards, and neither recommended                    regarding test set-up, test conditions,
                                               distribution, or use if the regulation is               against incorporation of these standards.
                                               implemented, and of reasonable                                                                                and stability requirements that are
                                               alternatives to the action and their                    M. Congressional Notification                         necessary to ensure consistent and
                                               expected benefits on energy supply,                       As required by 5 U.S.C. 801, DOE will               repeatable standby and off-mode test
                                               distribution, and use.                                  report to Congress on the promulgation                results. IEC 62301 is readily available at
                                                  This regulatory action is not a                      of this rule before its effective date. The           https://webstore.iec.ch/ and http://
                                               significant regulatory action under                     report will state that it has been                    www.webstore.ansi.org.
                                               Executive Order 12866. Moreover, it                     determined that the rule is not a ‘‘major             V. Approval of the Office of the
                                               would not have a significant adverse                    rule’’ as defined by 5 U.S.C. 804(2).                 Secretary
                                               effect on the supply, distribution, or use
                                               of energy, nor has it been designated as                N. Materials Incorporated by Reference                  The Secretary of Energy has approved
                                               a significant energy action by the                        In this final rule, DOE incorporates by             publication of this final rule.
                                               Administrator of OIRA. Therefore, it is                 reference the test standard published by              List of Subjects
                                               not a significant energy action, and,                   AHAM, titled ‘‘Portable Air
                                               accordingly, DOE has not prepared a                     Conditioners,’’ ANSI/AHAM PAC–1–                      10 CFR Part 429
                                               Statement of Energy Effects.                            2015 (ANSI Approved). ANSI/AHAM                         Confidential business information,
                                                                                                       PAC–1–2015 is an industry-accepted                    Energy conservation, Household
                                               L. Review Under Section 32 of the                       test procedure that measures portable                 appliances, Imports, Incorporation by
                                               Federal Energy Administration Act of                    AC performance in cooling mode and is                 reference, Reporting and recordkeeping
sradovich on DSK3TPTVN1PROD with RULES2




                                               1974                                                    applicable to products sold in North                  requirements.
                                                 Under section 301 of the Department                   America. ANSI/AHAM PAC–1–2015
                                               of Energy Organization Act (Pub. L. 95–                 specifies testing conducted in                        10 CFR Part 430
                                               91; 42 U.S.C. 7101 et seq.), DOE must                   accordance with other industry-                         Administrative practice and
                                               comply with section 32 of the Federal                   accepted test procedures (already                     procedure, Confidential business
                                               Energy Administration Act of 1974                       incorporated by reference) and                        information, Energy conservation,
                                               (Pub. L. 93–275), as amended by the                     determines energy efficiency metrics for              Household appliances, Imports,


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                                               35264             Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations

                                               Incorporation by reference,                             x̄ is the sample mean;                                PART 430—ENERGY CONSERVATION
                                               Intergovernmental relations, Small                      s is the sample standard deviation;                   PROGRAM FOR CONSUMER
                                               businesses.                                             n is the number of units in the test sample;          PRODUCTS
                                                                                                             and
                                                 Issued in Washington, DC, on April 26,                t0.95 is the t statistic for a 95% one-tailed
                                               2016.                                                                                                         ■ 4. The authority citation for part 430
                                                                                                             confidence interval with n–1 degrees of
                                               Kathleen B. Hogan,                                            freedom.
                                                                                                                                                             continues to read as follows:
                                               Deputy Assistant Secretary for Energy                                                                           Authority: 42 U.S.C. 6291–6309; 28 U.S.C.
                                                                                                         And,                                                2461 note.
                                               Efficiency, Energy Efficiency and Renewable
                                               Energy.                                                   (ii) Any represented value of the                   ■ 5. Section 430.2 is amended by
                                                 For the reasons stated in the                         combined energy efficiency ratio or                   adding, in alphabetical order, the
                                               preamble, DOE amends parts 429 and                      other measure of energy consumption of                definitions for ‘‘dual-duct portable air
                                               430 of chapter II of title 10, Code of                  a basic model for which consumers                     conditioner’’ and ‘‘single-duct portable
                                               Federal Regulations as set forth below:                 would favor higher values is less than                air conditioner’’ to read as follows:
                                                                                                       or equal to the lower of:
                                               PART 429—CERTIFICATION,                                   (A) The mean of the sample:                         § 430.2      Definitions.
                                               COMPLIANCE, AND ENFORCEMENT                                                                                   *      *     *    *     *
                                               FOR CONSUMER PRODUCTS AND                                                                                        Dual-duct portable air conditioner
                                               COMMERCIAL AND INDUSTRIAL                                                                                     means a portable air conditioner that
                                               EQUIPMENT                                                                                                     draws some or all of the condenser inlet
                                                                                                         Where:                                              air from outside the conditioned space
                                               ■ 1. The authority citation for part 429                                                                      through a duct attached to an adjustable
                                                                                                       x̄ is the sample mean;
                                               continues to read as follows:                                                                                 window bracket, may draw additional
                                                                                                       xi is the ith sample; and
                                                   Authority: 42 U.S.C. 6291–6317.                     n is the number of units in the test sample.          condenser inlet air from the conditioned
                                               ■ 2. Section 429.4 is amended by adding                                                                       space, and discharges the condenser
                                                                                                         Or,
                                               paragraph (b)(3) to read as follows:                                                                          outlet air outside the conditioned space
                                                                                                         (B) The lower 95 percent confidence                 by means of a separate duct attached to
                                               § 429.4 Materials incorporated by                       limit (LCL) of the true mean divided by               an adjustable window bracket.
                                               reference.                                              0.90:
                                                                                                                                                             *      *     *    *     *
                                               *      *    *   *      *                                                                                         Single-duct portable air conditioner
                                                  (b) * * *                                                                                                  means a portable air conditioner that
                                                  (3) ANSI/AHAM PAC–1–2015                                                                                   draws all of the condenser inlet air from
                                               (‘‘ANSI/AHAM PAC–1–2015’’), Portable                    x̄ is the sample mean;                                the conditioned space without the
                                               Air Conditioners, June 19, 2015, IBR                    s is the sample standard deviation;                   means of a duct, and discharges the
                                               approved for § 429.62.                                  n is the number of units in the test sample;          condenser outlet air outside the
                                               *      *    *   *      *                                      and
                                                                                                       t0.95 is the t statistic for a 95% one-tailed
                                                                                                                                                             conditioned space through a single duct
                                               ■ 3. Add § 429.62 to read as follows:                         confidence interval with n–1 degrees of         attached to an adjustable window
                                                                                                             freedom.                                        bracket.
                                               § 429.62   Portable air conditioners.
                                                                                                                                                             *      *     *    *     *
                                                 (a) Sampling plan for selection of                       And,
                                                                                                                                                             ■ 6. Section 430.3 is amended by:
                                               units for testing. (1) The requirements of                 (3) The value of seasonally adjusted
                                                                                                                                                             ■ a. Removing ‘‘appendix AA to subpart
                                               § 429.11 are applicable to portable air                 cooling capacity of a basic model must
                                               conditioners; and                                       be the mean of the seasonally adjusted                B’’ in paragraph (g)(4), and adding in its
                                                 (2) For each basic model of portable                  cooling capacities for each tested unit of            place, ‘‘appendices AA and CC to
                                               air conditioner, a sample of sufficient                 the basic model. Round the mean                       subpart B’’;
                                                                                                                                                             ■ b. Redesignating paragraph (i)(8) as
                                               size must be randomly selected and                      seasonally adjusted cooling capacity
                                               tested to ensure that—                                  value to the nearest 50, 100, 200, or 500             (i)(9), and adding a new paragraph (i)(8);
                                                 (i) Any represented value of energy                   Btu/h, depending on the magnitude of                  and
                                                                                                                                                             ■ c. Removing ‘‘and Z to subpart B’’ in
                                               consumption or other measure of energy                  the calculated seasonally adjusted
                                               consumption of a basic model for which                  cooling capacity, in accordance with                  paragraph (p)(5), and adding in its
                                               consumers would favor lower values is                   Table 1 of ANSI/AHAM PAC–1–2015,                      place, ‘‘Z and CC to subpart B’’.
                                               greater than or equal to the higher of:                                                                          The addition reads as follows:
                                                                                                       (incorporated by reference, see § 429.4),
                                                 (A) The mean of the sample:                           ‘‘Multiples for reporting Dual Duct                   § 430.3 Materials incorporated by
                                                                                                       Cooling Capacity, Single Duct Cooling                 reference.
                                                                                                       Capacity, Spot Cooling Capacity, Water                *      *     *   *      *
                                                                                                                                                                                                           ER01JN16.004</GPH>


                                                                                                       Cooled Condenser Capacity and Power                      (i) * * *
                                                                                                       Input Ratings.’’                                         (8) ANSI/AHAM PAC–1–2015,
                                               Where:                                                     (4) Round the value of combined                    (‘‘ANSI/AHAM PAC–1–2015’’), Portable
                                               x̄ is the sample mean;                                  energy efficiency ratio of a basic model              Air Conditioners, June 19, 2015, IBR
                                               xi is the ith sample; and                               to the nearest 0.1 Btu/Wh.
                                                                                                                                                                                                           ER01JN16.003</GPH>




                                                                                                                                                             approved for appendix CC to subpart B.
                                               n is the number of units in the test sample.               (5) Single-duct and dual-duct portable             *      *     *   *      *
                                                 Or,                                                   air conditioners distributed in
                                                                                                                                                             ■ 7. Section 430.23 is amended by
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                                                 (B) The upper 95 percent confidence                   commerce by the manufacturer with
                                                                                                                                                             adding paragraph (dd) to read as
                                               limit (UCL) of the true mean divided by                 multiple duct configuration options that
                                                                                                                                                             follows:
                                                                                                                                                                                                           ER01JN16.002</GPH>




                                               1.10:                                                   meet DOE’s definitions for single-duct
                                                                                                       portable AC and dual-duct portable AC,                § 430.23 Test procedures for the
                                                                                                       must be rated and certified under both                measurement of energy and water
                                                                                                       applicable duct configurations.                       consumption.
                                               Where:                                                     (b) Certification reports. [Reserved]              *        *      *     *     *
                                                                                                                                                                                                           ER01JN16.001</GPH>




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                                                                 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations                                               35265

                                                 (dd) Portable air conditioners. (1) For               main cooling function according to the                single-duct and dual-duct portable AC as
                                               single-duct and dual-duct portable air                  thermostat or temperature sensor signal,              distributed in commerce by the
                                               conditioners, measure the seasonally                    including activating the refrigeration system,        manufacturer, it must be tested and rated for
                                                                                                       or activating the fan or blower without               both duct configurations.
                                               adjusted cooling capacity, expressed in
                                                                                                       activation of the refrigeration system.                  3.1.1.1 Duct setup. Use ducting
                                               British thermal units per hour (Btu/h),                    2.5 IEC 62301 means the test standard              components provided by the manufacturer,
                                               and the combined energy efficiency                      published by the International                        including, where provided by the
                                               ratio, expressed in British thermal units               Electrotechnical Commission, titled                   manufacturer, ducts, connectors for attaching
                                               per watt-hour (Btu/Wh) in accordance                    ‘‘Household electrical appliances–                    the duct(s) to the test unit, sealing,
                                               with appendix CC of this subpart.                       Measurement of standby power,’’ Publication           insulation, and window mounting fixtures.
                                                 (2) Determine the estimated annual                    62301 (Edition 2.0 2011–01) (incorporated by          Do not apply additional sealing or insulation.
                                               operating cost for portable air                         reference; see § 430.3).                                 3.1.1.2 Single-duct evaporator inlet test
                                               conditioners, expressed in dollars per                     2.6 Inactive mode means a standby mode             conditions. When testing single-duct portable
                                                                                                       that facilitates the activation of an active          air conditioners, maintain the evaporator
                                               year, by multiplying the following two                                                                        inlet dry-bulb temperature within a range of
                                                                                                       mode or off-cycle mode by remote switch
                                               factors:                                                (including remote control), internal sensor, or       1.0 °F with an average difference within
                                                 (i) For dual-duct portable air                        timer, or that provides continuous status             0.3 °F.
                                               conditioners, the sum of AEC95                          display.                                                 3.1.1.3 Condensate Removal. Set up the
                                               multiplied by 0.2, AEC83 multiplied by                     2.7 Off-cycle mode means a mode in                 test unit in accordance with manufacturer
                                               0.8, and AECT as measured in                            which a portable air conditioner:                     instructions. If the unit has an auto-
                                               accordance with section 5.3 of appendix                    (1) Has cycled off its main cooling or             evaporative feature, keep any provided drain
                                               CC of this subpart; or for single-duct                  heating function by thermostat or                     plug installed as shipped and do not provide
                                               portable air conditioners, the sum of                   temperature sensor signal;                            other means of condensate removal. If the
                                                                                                          (2) May or may not operate its fan or              internal condensate collection bucket fills
                                               AECSD and AECT as measured in                                                                                 during the test, halt the test, remove the drain
                                                                                                       blower; and
                                               accordance with section 5.3 of appendix                    (3) Will reactivate the main function              plug, install a gravity drain line, and start the
                                               CC of this subpart; and                                 according to the thermostat or temperature            test from the beginning. If no auto-
                                                 (ii) A representative average unit cost               sensor signal.                                        evaporative feature is available, remove the
                                               of electrical energy in dollars per                        2.8 Off mode means a mode in which a               drain plug and install a gravity drain line. If
                                               kilowatt-hour as provided by the                        portable air conditioner is connected to a            no auto-evaporative feature or gravity drain
                                               Secretary.                                              mains power source and is not providing any           is available and a condensate pump is
                                                 (iii) Round the resulting product to                  active mode, off-cycle mode, or standby               included, or if the manufacturer specifies the
                                               the nearest dollar per year.                            mode function, and where the mode may                 use of an included condensate pump during
                                                                                                       persist for an indefinite time. An indicator          cooling mode operation, then test the
                                               ■ 8. Add and reserve appendix BB to
                                                                                                       that only shows the user that the portable air        portable air conditioner with the condensate
                                               subpart B of part 430 to read as follows:               conditioner is in the off position is included        pump enabled. For units tested with a
                                               Appendix BB to Subpart B of Part 430—                   within the classification of an off mode.             condensate pump, apply the provisions in
                                               [Reserved]                                                 2.9 Seasonally adjusted cooling capacity           Section 7.1.2 of ANSI/AHAM PAC–1–2015
                                                                                                       means the amount of cooling, measured in              (incorporated by reference; see § 430.3) if the
                                               ■ 9. Add appendix CC to subpart B of                    Btu/h, provided to the indoor conditioned             pump cycles on and off.
                                               part 430 to read as follows:                            space, measured under the specified ambient              3.1.1.4 Unit Placement. There shall be no
                                                                                                       conditions.                                           less than 3 feet between any test chamber
                                               Appendix CC to Subpart B of Part 430—                      2.10 Standby mode means any mode                   wall surface and any surface on the portable
                                               Uniform Test Method for Measuring the                   where a portable air conditioner is connected         air conditioner, except the surface or surfaces
                                               Energy Consumption of Portable Air                      to a mains power source and offers one or             of the portable air conditioner that include a
                                               Conditioners                                            more of the following user-oriented or                duct attachment. The distance between the
                                                                                                       protective functions which may persist for an         test chamber wall and a surface with one or
                                               1. Scope                                                indefinite time:                                      more duct attachments is prescribed by the
                                                  This appendix covers the test requirements              (1) To facilitate the activation of other          test setup requirements in Section 7.3.7 of
                                               used to measure the energy performance of               modes (including activation or deactivation           ANSI/AHAM PAC–1–2015 (incorporated by
                                               single-duct and dual-duct portable air                  of cooling mode) by remote switch (including          reference; see § 430.3).
                                               conditioners, as defined at 10 CFR 430.2.               remote control), internal sensor, or timer; or           3.1.1.5 Electrical supply. Maintain the
                                                                                                          (2) Continuous functions, including                input standard voltage at 115 V ±1 percent.
                                               2. Definitions                                          information or status displays (including             Test at the rated frequency, maintained
                                                  2.1 ANSI/AHAM PAC–1–2015 means the                   clocks) or sensor-based functions. A timer is         within ±1 percent.
                                               test standard published by the Association of           a continuous clock function (which may or                3.1.1.6 Duct temperature measurements.
                                               Home Appliance Manufacturers, titled                    may not be associated with a display) that            Install any insulation and sealing provided
                                               ‘‘Portable Air Conditioners,’’ ANSI/AHAM                provides regular scheduled tasks (e.g.,               by the manufacturer. Then adhere four
                                               PAC–1–2015 (incorporated by reference; see              switching) and that operates on a continuous          equally spaced thermocouples per duct to the
                                               § 430.3).                                               basis.                                                outer surface of the entire length of the duct.
                                                  2.2 ASHRAE Standard 37–2009 means                                                                          Measure the surface temperatures of each
                                               the test standard published by the American             3. Test Apparatus and General Instructions            duct. Temperature measurements must have
                                               National Standards Institute and American                  3.1 Active mode.                                   an error no greater than ±0.5 °F over the
                                               Society of Heating, Refrigerating and Air-                 3.1.1 Test conduct. The test apparatus             range being measured.
                                               Conditioning Engineers and, titled ‘‘Methods            and instructions for testing portable air                3.1.2 Control settings. Set the controls to
                                               of Testing for Rating Electrically Driven               conditioners in cooling mode and off-cycle            the lowest available temperature setpoint for
                                               Unitary Air-Conditioning and Heat Pump                  mode must conform to the requirements                 cooling mode. If the portable air conditioner
                                               Equipment,’’ ASHRAE Standard 37–2009                    specified in Section 4, ‘‘Definitions’’ and           has a user-adjustable fan speed, select the
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                                               (incorporated by reference; see § 430.3).               Section 7, ‘‘Tests,’’ of ANSI/AHAM PAC–1–             maximum fan speed setting. If the portable
                                                  2.3 Combined energy efficiency ratio is              2015 (incorporated by reference; see § 430.3),        air conditioner has an automatic louver
                                               the energy efficiency of a portable air                 except as otherwise specified in this                 oscillation feature, disable that feature
                                               conditioner as measured in accordance with              appendix. Where applicable, measure duct              throughout testing. If the louver oscillation
                                               this test procedure in Btu per watt-hours               heat transfer and infiltration air heat transfer      feature is included but there is no option to
                                               (Btu/Wh) and determined in section 5.4.                 according to section 4.1.1.1 and section              disable it, test with the louver oscillation
                                                  2.4 Cooling mode means a mode in which               4.1.1.2 of this appendix, respectively. Note          enabled. If the portable air conditioner has
                                               a portable air conditioner has activated the            that if a product is able to operate as both a        adjustable louvers, position the louvers



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                                               35266                   Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations

                                               parallel with the air flow to maximize air                               62301 (incorporated by reference; see                          for single-duct and dual-duct portable air
                                               flow and minimize static pressure loss.                                  § 430.3).                                                      conditioners presented in Table 1 of this
                                                  3.1.3 Measurement resolution. Record                                     3.2.3 Standby mode and off mode                             appendix instead of the test conditions in
                                               measurements at the resolution of the test                               wattmeter. The wattmeter used to measure                       Table 3 of ANSI/AHAM PAC–1–2015. For
                                               instrumentation.                                                         standby mode and off mode power                                single-duct units, measure the indoor room
                                                                                                                        consumption must meet the requirements                         cooling capacity, CapacitySD, and overall
                                                  3.2 Standby mode and off mode.
                                                                                                                        specified in Section 4, Paragraph 4.4 of IEC                   power input in cooling mode, PSD, in
                                                  3.2.1 Installation requirements. For the                              62301 (incorporated by reference; see
                                               standby mode and off mode testing, install                                                                                              accordance with the ambient conditions for
                                                                                                                        § 430.3).                                                      test configuration 5, presented in Table 1 of
                                               the portable air conditioner in accordance                                  3.2.4 Standby mode and off mode
                                               with Section 5, Paragraph 5.2 of IEC 62301                                                                                              this appendix. For dual-duct units, measure
                                                                                                                        ambient temperature. For standby mode and                      the indoor room cooling capacity and overall
                                               (incorporated by reference; see § 430.3),                                off mode testing, maintain room ambient air
                                                                                                                                                                                       power input in accordance with ambient
                                               disregarding the provisions regarding                                    temperature conditions as specified in
                                                                                                                                                                                       conditions for test configuration 3, condition
                                               batteries and the determination,                                         Section 4, Paragraph 4.2 of IEC 62301
                                                                                                                        (incorporated by reference; see § 430.3).                      A (Capacity95, P95), and then measure the
                                               classification, and testing of relevant modes.
                                                                                                                                                                                       indoor room cooling capacity and overall
                                                  3.2.2 Electrical energy supply.                                       4. Test Measurement                                            power input a second time in accordance
                                                  3.2.2.1 Electrical supply. For the standby                                                                                           with the ambient conditions for test
                                                                                                                           4.1 Cooling mode. Measure the indoor
                                               mode and off mode testing, maintain the                                                                                                 configuration 3, condition B (Capacity83, P83),
                                                                                                                        room cooling capacity and overall power
                                               input standard voltage at 115 V ±1 percent.                                                                                             presented in Table 1 of this appendix. Note
                                                                                                                        input in cooling mode in accordance with
                                               Maintain the electrical supply at the rated                              Section 7.1.b and 7.1.c of ANSI/AHAM PAC–                      that for the purposes of this cooling mode
                                               frequency ±1 percent.                                                    1–2015 (incorporated by reference; see                         test procedure, evaporator inlet air is
                                                  3.2.2.2 Supply voltage waveform. For the                              § 430.3), respectively. Determine the test                     considered the ‘‘indoor air’’ of the
                                               standby mode and off mode testing, maintain                              duration in accordance with Section 8.7 of                     conditioned space and condenser inlet air is
                                               the electrical supply voltage waveform                                   ASHRAE Standard 37–2009 (incorporated by                       considered the ‘‘outdoor air’’ outside of the
                                               indicated in Section 4, Paragraph 4.3.2 of IEC                           reference; § 430.3). Apply the test conditions                 conditioned space.

                                                                            TABLE 1—EVAPORATOR (INDOOR) AND CONDENSER (OUTDOOR) INLET TEST CONDITIONS
                                                                                                                                                                         Evaporator inlet air,              Condenser inlet air,
                                                                                                                                                                                 °F                                °F
                                                                                          Test configuration                                                                    (°C)                              (°C)

                                                                                                                                                                    Dry bulb            Wet bulb          Dry bulb        Wet bulb

                                               3 (Dual-Duct, Condition A) ..............................................................................                 80 (26.7)         67 (19.4)        95 (35.0)       75 (23.9)
                                               3 (Dual-Duct, Condition B) ..............................................................................                 80 (26.7)         67 (19.4)        83 (28.3)      67.5 (19.7)
                                               5 (Single-Duct) .................................................................................................         80 (26.7)         67 (19.4)        80 (26.7)       67 (19.4)



                                                  4.1.1. Duct Heat Transfer. Measure the                                Qduct_SD = h × Aduct_j × (Tduct_SD = ¥ Tei)                    testing according to the test condition in
                                               surface temperature of the condenser exhaust                                For dual-duct portable air conditioners:                    Table 1 of this appendix, in °F.
                                               duct and condenser inlet duct, where                                     Qduct_95 = Sj{h × Aduct_j × (Tduct_95 ¥ Tei)}                    Tduct_95_j and Tduct_83_j = average surface
                                               applicable, throughout the cooling mode test.                            Qduct_83 = Sj{h × Aduct_j × (Tduct_83 ¥ Tei)}                  temperature for duct ‘‘j’’ of dual-duct
                                               Calculate the average temperature at each
                                                                                                                        Where:                                                         portable air conditioners, as measured during
                                               individual location, and then calculate the
                                               average surface temperature of each duct by                                 Qduct_SD = for single-duct portable air                     testing according to the two outdoor test
                                               averaging the four average temperature                                   conditioners, the total heat transferred from                  conditions in Table 1 of this appendix, in °F.
                                               measurements taken on that duct. Calculate                               the duct to the indoor conditioned space in                      j represents the condenser exhaust duct
                                               the surface area (Aduct_j) of each duct                                  cooling mode when tested according to the                      and, for dual-duct units, the condenser
                                               according to:                                                            test conditions in Table 1 of this appendix,                   exhaust duct and the condenser inlet duct.
                                               Aduct_j = p × dj × Lj                                                    in Btu/h.                                                        Tei = average evaporator inlet air dry-bulb
                                               Where:                                                                      Qduct_95 and Qduct_83 = for dual-duct                       temperature, in °F.
                                               dj = the outer diameter of duct ‘‘j’’, including                         portable air conditioners, the total heat                        4.1.2 Infiltration Air Heat Transfer.
                                                    any manufacturer-supplied insulation.                               transferred from the ducts to the indoor                       Measure the heat contribution from
                                               Lj = the extended length of duct ‘‘j’’ while                             conditioned space in cooling mode, in Btu/                     infiltration air for single-duct portable air
                                                    under test.                                                         h, when tested according to the 95 °F dry-                     conditioners and dual-duct portable air
                                               j represents the condenser exhaust duct and,                             bulb and 83 °F dry-bulb outdoor test                           conditioners that draw at least part of the
                                                    for dual-duct units, the condenser                                  conditions in Table 1 of this appendix,
                                                                                                                                                                                       condenser air from the conditioned space.
                                                    exhaust duct and the condenser inlet                                respectively.
                                                    duct.                                                                                                                              Calculate the heat contribution from
                                                                                                                           h = convection coefficient, 3 Btu/h per
                                                                                                                        square foot per °F.                                            infiltration air for single-duct and dual-duct
                                                  Calculate the total heat transferred from the
                                               surface of the duct(s) to the indoor                                        Aduct_j = surface area of duct ‘‘j’’, in square             portable air conditioners for both cooling
                                               conditioned space while operating in cooling                             feet.                                                          mode outdoor test conditions, as described in
                                               mode for the outdoor test conditions in Table                               Tduct_SD_j = average surface temperature for                this section. Calculate the dry air mass flow
                                               1 of this appendix, as follows. For single-duct                          the condenser exhaust duct of single-duct                      rate of infiltration air according to the
                                               portable air conditioners:                                               portable air conditioners, as measured during                  following equations:
sradovich on DSK3TPTVN1PROD with RULES2




                                                  For dual-duct portable air conditioners:
                                                                                                                                                                                                                                         ER01JN16.005</GPH>




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                                                                 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations                                              35267




                                               Where:                                                      cp_wv = specific heat of water vapor, 0.444       minutes after the compressor cycles off due
                                                  ṁSD = dry air mass flow rate of infiltration        Btu/lbm-°F.                                           to the change in setpoint. Do not change any
                                               air for single-duct portable air conditioners,              Tindoor = indoor chamber dry-bulb                 other control settings between the end of the
                                               in pounds per minute (lb/m).                            temperature, 80 °F.                                   cooling mode test period and the start of the
                                                  ṁ95 and ṁ83 = dry air mass flow rate of                Tia_95 and Tia_83 = infiltration air dry-bulb     off-cycle mode test period. The off-cycle
                                               infiltration air for dual-duct portable air             temperatures for the two test conditions in           mode test period must be 2 hours in
                                               conditioners, as calculated based on testing            Table 1 of this appendix, 95 °F and 83 °F,            duration, during which period, record the
                                               according to the test conditions in Table 1 of          respectively.                                         power consumption at the same intervals as
                                               this appendix, in lb/m.                                     wia_95 and wia_83= humidity ratios of the         recorded for cooling mode testing. Measure
                                                  Vco_SD, Vco_95, and Vco_83 = average                 95 °F and 83 °F dry-bulb infiltration air,            and record the average off-cycle mode power
                                               volumetric flow rate of the condenser outlet            0.0141 and 0.01086 lbw/lbda, respectively.            of the portable air conditioner, Poc, in watts.
                                               air during cooling mode testing for single-                 windoor = humidity ratio of the indoor              4.3 Standby mode and off mode.
                                               duct portable air conditioners; and at the              chamber air, 0.0112 lbw/lbda.                         Establish the testing conditions set forth in
                                               95 °F and 83 °F dry-bulb outdoor conditions                 60 = conversion factor from minutes to            section 3.2 of this appendix, ensuring that
                                               for dual-duct portable air conditioners,                hours.                                                the portable air conditioner does not enter
                                               respectively, in cubic feet per minute (cfm).               Calculate the latent heat contribution of the     any active modes during the test. For
                                                  Vci_95, and Vci_83 = average volumetric flow         infiltration air according to:                        portable air conditioners that take some time
                                               rate of the condenser inlet air during cooling          Ql_95 ṁ × 60 × Hfg × (wia_95 ¥ windoor)              to enter a stable state from a higher power
                                               mode testing at the 95 °F and 83 °F dry-bulb            Ql_83 ṁ × 60 × Hfg × (wia_83 ¥ windoor)              state as discussed in Section 5, Paragraph 5.1,
                                               outdoor conditions for dual-duct portable air           Where:                                                Note 1 of IEC 62301, (incorporated by
                                                                                                                                                             reference; see § 430.3), allow sufficient time
                                               conditioners, respectively, in cfm.                         Ql_95 and Ql_83 = latent heat added to the
                                                  rco_SD, rco_95, and rco_83 = average density         room by infiltration air, calculated at the           for the portable air conditioner to reach the
                                               of the condenser outlet air during cooling              95 °F and 83 °F dry-bulb outdoor conditions           lowest power state before proceeding with
                                               mode testing for single-duct portable air               in Table 1 of this appendix, in Btu/h.                the test measurement. Follow the test
                                               conditioners, and at the 95 °F and 83 °F dry-               ṁ = mass flow rate of infiltration air, ṁSD     procedure specified in Section 5, Paragraph
                                               bulb outdoor conditions for dual-duct                   or ṁ95 when calculating Q1_95 and ṁSD or            5.3.2 of IEC 62301 for testing in each possible
                                               portable air conditioners, respectively, in             ṁ83 when calculating Q1_83, in lb/m.                 mode as described in sections 4.3.1 and 4.3.2
                                               pounds mass per cubic foot (lbm/ft3).                       Hfg = latent heat of vaporization for water       of this appendix.
                                                  rci_95, and rci_83 = average density of the          vapor, 1061 Btu/lbm.                                    4.3.1 If the portable air conditioner has an
                                               condenser inlet air during cooling mode                     wia_95 and wia_83 = humidity ratios of the        inactive mode, as defined in section 2.6 of
                                               testing at the 95 °F and 83 °F dry-bulb                 95 °F and 83 °F dry-bulb infiltration air,            this appendix, but not an off mode, as
                                               outdoor conditions for dual-duct portable air           0.0141 and 0.01086 lbw/lbda, respectively.            defined in section 2.8 of this appendix,
                                               conditioners, respectively, in lbm/ft3.                     windoor = humidity ratio of the indoor            measure and record the average inactive
                                                  wco_SD, wco_95, and wco_83 = average                 chamber air, 0.0112 lbw/lbda.                         mode power of the portable air conditioner,
                                               humidity ratio of condenser outlet air during               60 = conversion factor from minutes to            Pia, in watts.
                                               cooling mode testing for single-duct portable           hours.                                                  4.3.2 If the portable air conditioner has an
                                               air conditioners, and at the 95 °F and 83 °F                The total heat contribution of the                off mode, as defined in section 2.8 of this
                                               dry-bulb outdoor conditions for dual-duct               infiltration air is the sum of the sensible and       appendix, measure and record the average off
                                               portable air conditioners, respectively, in             latent heat:                                          mode power of the portable air conditioner,
                                               pounds mass of water vapor per pounds mass                                                                    Pom, in watts.
                                                                                                       infiltration_95 = Qs_95 + Q1_95
                                               of dry air (lbw/lbda).                                  infiltration_83 = Qs_83 + Q1_83                       5. Calculation of Derived Results From Test
                                                  wci_95, and wci_83 = average humidity ratio
                                                                                                       Where:                                                Measurements
                                               of condenser inlet air during cooling mode
                                               testing at the 95 °F and 83 °F dry-bulb                     Qinfiltration_95 and Qinfiltration_83 = total        5.1 Adjusted Cooling Capacity. Calculate
                                               outdoor conditions for dual-duct portable air           infiltration air heat in cooling mode,                the adjusted cooling capacities for portable
                                               conditioners, respectively, in lbw/lbda.                calculated at the 95 °F and 83 °F dry-bulb            air conditioners, ACC95 and ACC83, expressed
                                                  For single-duct and dual-duct portable air           outdoor conditions in Table 1 of this                 in Btu/h, according to the following
                                               conditioners, calculate the sensible                    appendix, in Btu/h.                                   equations. For single-duct portable air
                                               component of infiltration air heat                          Qs_95 and Qs_83 = sensible heat added to the      conditioners:
                                               contribution according to:                              room by infiltration air, calculated at the           ACC95 = CapacitySD ¥ Qduct_SD ¥
                                                                                                       95 °F and 83 °F dry-bulb outdoor conditions                 Qinfiltration_95
                                               Qs_95 ṁ × 60                                           in Table 1 of this appendix, in Btu/h.
                                               × [(cp_95 × Tai_95 ¥ Tindoor)) + Cp_wv                                                                        ACC83 = CapacitySD ¥ Qduct_SD ¥
                                                                                                           Ql_95 and Ql_83 = latent heat added to the              Qinfiltration_83
                                               × (wai_95 × Tai_95 ¥ windoor × Tindoor)]                room by infiltration air, calculated at the
                                               Qs_83 =ṁ × 60                                          95 °F and 83 °F dry-bulb outdoor conditions              For dual-duct portable air conditioners:
                                               × [(cp_da × (Tai_83 ¥ Tindoor)) + Cp_wv                 in Table 1 of this appendix, in Btu/h.                ACC95 = Capacity95 ¥ Qduct_95 ¥ Qinfiltration_95
                                               × (wai_83 × Tai_83 ¥ windoor × Tindoor)]                    4.2 Off-cycle mode. Establish the test            ACC83 = Capacity83 ¥ Qduct_83 ¥ Qinfiltration_83
                                               Where:                                                  conditions specified in section 3.1.1 of this         Where:
                                                  Qs_95 and Qs_83 = sensible heat added to             appendix for off-cycle mode and use the               CapacitySD, Capacity95, and Capacity83 =
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                                               the room by infiltration air, calculated at the         wattmeter specified in section 3.2.3 of this                cooling capacity measured in section
                                               95 °F and 83 °F dry-bulb outdoor conditions             appendix (but do not use the duct                           4.1.1 of this appendix.
                                               in Table 1 of this appendix, in Btu/h.                  measurements in section 3.1.1.6). Begin the           Qduct_SD, Qduct_95, and Qduct_83 = duct heat
                                                  ṁ = dry air mass flow rate of infiltration          off-cycle mode test period 5 minutes                        transfer while operating in cooling mode,
                                               air, ṁSD or ṁ95 when calculating Qs_95 and            following the cooling mode test period.                     calculated in section 4.1.1.1 of this
                                               ṁsd or ṁ83 when calculating Qs_83, in lb/m.           Adjust the setpoint higher than the ambient                 appendix.
                                                  cp_da = specific heat of dry air, 0.24 Btu/          temperature to ensure the product will not            Qinfiltration_95 and Qinfiltration_83 = total
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                                               lbm-°F.                                                 enter cooling mode and begin the test 5                     infiltration air heat transfer in cooling



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                                               35268             Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations

                                                    mode, calculated in section 4.1.1.2 of                                                                Annual      Where:
                                                    this appendix.                                                Operating mode                         operating    AECm = annual energy consumption in each
                                                 5.2 Seasonally Adjusted Cooling                                                                          hours            mode, in kWh/year.
                                               Capacity. Calculate the seasonally adjusted                                                                            Pm = average power in each mode, in watts.
                                               cooling capacity for portable air conditioners,         Cooling Mode, Dual-Duct 95
                                                                                                                                                                         m represents the operating mode (‘‘95’’ and
                                               SACC, expressed in Btu/h, according to:                   °F 1 ........................................          750
                                                                                                                                                                      ‘‘83’’ cooling mode at the 95 °F and 83 °F
                                               SACC = ACC95 × 0.2 + ACC83 × 0.8                        Cooling Mode, Dual-Duct 83
                                                                                                         °F 1 ........................................          750   dry-bulb outdoor conditions, respectively for
                                               Where:                                                                                                                 dual-duct portable air conditioners, ‘‘SD’’
                                                                                                       Cooling Mode, Single-Duct .......                        750
                                               ACC95 and ACC83 = adjusted cooling                      Off-Cycle ...................................            880   cooling mode for single-duct portable air
                                                    capacity, in Btu/h, calculated in section          Inactive or Off ...........................            1,355   conditioners, ‘‘oc’’ off-cycle, and ‘‘ia’’
                                                    5.1 of this appendix.                                                                                             inactive or ‘‘om’’ off mode).
                                               0.2 = weighting factor for ACC95.                          1 These operating mode hours are for the
                                                                                                                                                                      t = number of annual operating time in each
                                               0.8 = weighting factor for ACC83.                       purposes of calculating annual energy con-                          mode, in hours.
                                                 5.3 Annual Energy Consumption.                        sumption under different ambient conditions
                                                                                                       for dual-duct portable air conditioners, and are               k = 0.001 kWh/Wh conversion factor from
                                               Calculate the annual energy consumption in
                                               each operating mode, AECm, expressed in                 not a division of the total cooling mode oper-                      watt-hours to kilowatt-hours.
                                               kilowatt-hours per year (kWh/year). Use the             ating hours. The total dual-duct cooling mode                     Total annual energy consumption in all
                                                                                                       operating hours are 750 hours.                                 modes except cooling, is calculated
                                               following annual hours of operation for each
                                               mode:                                                   AECm = Pm × tm × k                                             according to:




                                               Where:                                                     m represents the operating modes included                   combined energy efficiency ratio, CEER,
                                               AECT = total annual energy consumption                  in AECT (‘‘oc’’ off-cycle, and ‘‘im’’ inactive or              expressed in Btu/Wh, according to the
                                                  attributed to all modes except cooling, in           ‘‘om’’ off mode).                                              following:
                                                  kWh/year;                                               5.4 Combined Energy Efficiency Ratio.
                                               AECm = total annual energy consumption in               Using the annual operating hours, as outlined
                                                  each mode, in kWh/year.                              in section 5.3 of this appendix, calculate the




                                               Where:                                                     conditioners, in kWh/year, calculated in                    t = number of cooling mode hours per year,
                                               CEERSD and CEERDD = combined energy                        section 5.3 of this appendix.                                    750.
                                                  efficiency ratio for single-duct and dual-           AEC95 and AEC83 = annual energy                                k = 0.001 kWh/Wh conversion factor for
                                                  duct portable air conditioners,                         consumption for the two cooling mode                             watt-hours to kilowatt-hours.
                                                  respectively, in Btu/Wh.                                test conditions in Table 1 of this                          0.2 = weighting factor for the 95 °F dry-bulb
                                               ACC95 and ACC83 = adjusted cooling                         appendix for dual-duct portable air                              outdoor condition test.
                                                  capacity, tested at the 95 °F and 83 °F                 conditioners, in kWh/year, calculated in
                                                                                                                                                                      0.8 = weighting factor for the 83 °F dry-bulb
                                                  dry-bulb outdoor conditions in Table 1                  section 5.3 of this appendix.
                                                                                                       AECT = total annual energy consumption                              outdoor condition test.
                                                  of this appendix, in Btu/h, calculated in
                                                  section 5.1 of this appendix.                           attributed to all modes except cooling, in                  [FR Doc. 2016–12446 Filed 5–31–16; 8:45 am]
                                               AECSD = annual energy consumption in                       kWh/year, calculated in section 5.3 of                      BILLING CODE 6450–01–P
                                                  cooling mode for single-duct portable air               this appendix.
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Document Created: 2018-02-08 07:27:40
Document Modified: 2018-02-08 07:27:40
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 1, 2016. The final rule changes will be mandatory for representations of energy use or efficiency on or after November 28, 2016. The incorporation by reference of certain publications listed in this rule was approved by the Director of the Federal Register as of July 1, 2016.
ContactMr. Bryan Berringer, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-0371. Email: [email protected]
FR Citation81 FR 35242 
RIN Number1904-AD22
CFR Citation10 CFR 429
10 CFR 430
CFR AssociatedConfidential Business Information; Energy Conservation; Household Appliances; Imports; Incorporation by Reference; Reporting and Recordkeeping Requirements; Administrative Practice and Procedure; Intergovernmental Relations and Small Businesses

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