82 FR 32227 - Energy Conservation Program: Test Procedures for Central Air Conditioners and Heat Pumps

DEPARTMENT OF ENERGY

Federal Register Volume 82, Issue 133 (July 13, 2017)

Page Range		32227-32228
FR Document		2017-14473

The Department of Energy (DOE) has postponed the effectiveness of certain provisions of a final rule, published in the Federal Register on January 5, 2017, that amends the test procedure and specific certification, compliance, and enforcement provisions for central air conditioners and heat pumps. Specifically, DOE postponed the effectiveness of two provisions of a recently issued rule that require outdoor unit models to be tested under the outdoor unit with no match if they meet either of the two following conditions: The outdoor unit is approved for use with a refrigerant that has a 95 [deg]F midpoint saturation absolute pressure that is +/- 18 percent of the 95 [deg]F saturation absolute pressure for HCFC-22; or the unit is shipped requiring the addition of more than two pounds of refrigerant to meet the charge required for testing under the rule and the factory charge is not equal to or greater than 70% of the outdoor unit internal volume times the liquid density of refrigerant at 95 [deg]F.

Federal Register, Volume 82 Issue 133 (Thursday, July 13, 2017)

[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Rules and Regulations]
[Pages 32227-32228]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14473]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Rules 
and Regulations

[[Page 32227]]



DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[EERE-2016-BT-TP-0029]
RIN 1904-AD71


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

AGENCY: Office of the General Counsel, Department of Energy.

ACTION: Notification of administrative stay.

-----------------------------------------------------------------------

SUMMARY: The Department of Energy (DOE) has postponed the effectiveness 
of certain provisions of a final rule, published in the Federal 
Register on January 5, 2017, that amends the test procedure and 
specific certification, compliance, and enforcement provisions for 
central air conditioners and heat pumps. Specifically, DOE postponed 
the effectiveness of two provisions of a recently issued rule that 
require outdoor unit models to be tested under the outdoor unit with no 
match if they meet either of the two following conditions: The outdoor 
unit is approved for use with a refrigerant that has a 95 [deg]F 
midpoint saturation absolute pressure that is +/- 18 percent of the 95 
[deg]F saturation absolute pressure for HCFC-22; or the unit is shipped 
requiring the addition of more than two pounds of refrigerant to meet 
the charge required for testing under the rule and the factory charge 
is not equal to or greater than 70% of the outdoor unit internal volume 
times the liquid density of refrigerant at 95 [deg]F.

DATES: As of July 3, 2017, the effectiveness of certain provisions of 
10 CFR 429.16(a)(3)(i) was postponed under 5 U.S.C. 705.

FOR FURTHER INFORMATION CONTACT: Mr. Pete Cochran, U.S. Department of 
Energy, Office of the General Counsel, 1000 Independence Ave. SW., 
Washington, DC 20585-0121. Phone: (202) 586-9496. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On January 5, 2017, DOE published a final rule (January 2017 final 
rule) amending the test procedure and certification, compliance, and 
enforcement provisions for central air conditioners and heat pumps 
(CAC/HP). 82 FR 1426. Among other changes, the January 2017 final rule 
added a paragraph at 10 CFR 429.16(a)(3)(i) that requires, among other 
things: (1) If any of the refrigerants approved for use with an outdoor 
unit model is HCFC-22 or has a 95[emsp14][deg]F midpoint saturation 
absolute pressure that is +/- 18 percent of the 95[emsp14][deg]F 
saturation absolute pressure for HCFC-22, or if there are no 
refrigerants designated as approved for use, a manufacturer to 
determine represented values (including SEER, EER, HSPF, SEER2, EER2, 
HSPF2, PW, OFF, cooling capacity, and heating capacity, as applicable) 
for, at a minimum, an outdoor unit with no match; and (2) if a model of 
outdoor unit is not charged with a specified refrigerant from the point 
of manufacture or if the unit is shipped requiring the addition of more 
than two pounds of refrigerant to meet the charge required for testing 
per section 2.2.5 of appendix M or appendix M1 (unless either (a) the 
factory charge is equal to or greater than 70% of the outdoor unit 
internal volume times the liquid density of refrigerant at 
95[emsp14][deg]F or (b) an A2L refrigerant is approved for use and 
listed in the certification report), a manufacturer to determine 
represented values (including SEER, EER, HSPF, SEER2, EER2, HSPF2, PW, 
OFF, cooling capacity, and heating capacity, as applicable) for, at a 
minimum, an outdoor unit with no match.
    The original effective date of the January 2017 final rule was 
February 6, 2017. Subsequently, DOE delayed the effective date of the 
January 2017 final rule until March 21, 2017 (82 FR 8985), and then 
further delayed the effective date until July 5, 2017 (82 FR 14425; 82 
FR 15457).
    On March 3, 2017, Johnson Controls, Inc. (JCI) filed a petition for 
review of the January 2017 final rule in the United States Court of 
Appeals for the Seventh Circuit. JCI manufactures outdoor units with an 
approved refrigerant that has a 95[emsp14][deg]F midpoint saturation 
absolute pressure that is +/- 18 percent of the 95[emsp14][deg]F 
saturation absolute pressure for HCFC-22. These same models are also 
shipped requiring the addition of more than two pounds of refrigerant 
to meet the charge required for testing per section 2.2.5 of appendix M 
or appendix M1, and the factory charge is not equal to or greater than 
70% of the outdoor unit internal volume times the liquid density of 
refrigerant at 95 [deg]F. Thus, under either of the two provisions at 
10 CFR 429.16(a)(3)(i), these models would need to be tested as outdoor 
units with no match under appendix M or M1.
    On May 31, 2017, JCI requested that DOE grant it an administrative 
stay pending judicial review of two elements of the January 2017 final 
rule challenged in the Seventh Circuit case: The requirements that a 
manufacturer determine represented values (including SEER, EER, HSPF, 
SEER2, EER2, HSPF2, PW, OFF, cooling capacity, and heating capacity, as 
applicable) for, at a minimum, an outdoor unit with no match, when 
testing outdoor unit models that are either: (1) Approved for a 
refrigerant that has a 95[emsp14][deg]F midpoint saturation absolute 
pressure that is +/- 18 percent of the 95[emsp14][deg]F saturation 
absolute pressure for HCFC-22; or (2) shipped requiring the addition of 
more than two pounds of refrigerant to meet the charge required for 
testing per section 2.2.5 of appendix M or Appendix M1, and the factory 
charge is not equal to or greater than 70% of the outdoor unit internal 
volume times the liquid density of refrigerant at 95[emsp14][deg]F. On 
June 6, 2017, JCI requested that DOE hold its stay request in abeyance, 
noting that DOE's June 2, 2017, grant of an 180-day extension of the 
date by which JCI must comply with the two provisions specified above 
obviated the need for an immediate grant of an administrative stay.

Administrative Stay and Effectiveness

    Under the Administrative Procedure Act (5 U.S.C. 705), ``[w]hen an 
agency finds that justice so requires, it may postpone the effective 
date of action taken by it, pending judicial review.'' The result of 
the issuance of a stay is to leave in place the status quo.
    DOE has determined that, during the pendency of the lawsuit brought 
by JCI, it is in the interests of justice to postpone the effectiveness 
of the

[[Page 32228]]

provisions of the January 2017 final rule that require a manufacturer 
to determine represented values (including SEER, EER, HSPF, SEER2, 
EER2, HSPF2, PW, OFF, cooling capacity, and heating capacity, as 
applicable) for, at a minimum, an outdoor unit with no match, when 
testing outdoor unit models that are either: (1) Approved for a 
refrigerant that has a 95[emsp14][deg]F midpoint saturation absolute 
pressure that is +/- 18 percent of the 95 [deg]F saturation absolute 
pressure for HCFC-22; or (2) shipped requiring the addition of more 
than two pounds of refrigerant to meet the charge required for testing 
per section 2.2.5 of appendix M or appendix M1, and the factory charge 
is not equal to or greater than 70% of the outdoor unit internal volume 
times the liquid density of refrigerant at 95[emsp14][deg]F. DOE has 
determined to postpone the effectivenes of these provisions based on 
JCI's submissions to DOE that raise concerns about significant 
potential impacts on JCI, and further to ensure all manufacturers of 
central air conditioners and heat pumps have the same relief granted to 
JCI.

    Issued in Washington, DC, on July 3, 2017.
George Fibbe,
Deputy General Counsel for Litigation, Regulation and Enforcement.
[FR Doc. 2017-14473 Filed 7-12-17; 8:45 am]
BILLING CODE 6450-01-P

32227

Rules and Regulations Federal Register
Vol. 82, No. 133

Thursday, July 13, 2017

This section of the FEDERAL REGISTER (202) 586–9496. Email: Peter.Cochran@ 95 °F midpoint saturation absolute
contains regulatory documents having general hq.doe.gov. pressure that is +/¥ 18 percent of the
applicability and legal effect, most of which SUPPLEMENTARY INFORMATION: 95 °F saturation absolute pressure for
are keyed to and codified in the Code of HCFC–22. These same models are also
Federal Regulations, which is published under Background shipped requiring the addition of more
50 titles pursuant to 44 U.S.C. 1510.
On January 5, 2017, DOE published a than two pounds of refrigerant to meet
The Code of Federal Regulations is sold by final rule (January 2017 final rule) the charge required for testing per
the Superintendent of Documents. amending the test procedure and section 2.2.5 of appendix M or appendix
certification, compliance, and M1, and the factory charge is not equal
enforcement provisions for central air to or greater than 70% of the outdoor
DEPARTMENT OF ENERGY conditioners and heat pumps (CAC/HP). unit internal volume times the liquid
82 FR 1426. Among other changes, the density of refrigerant at 95 °F. Thus,
10 CFR Parts 429 and 430 January 2017 final rule added a under either of the two provisions at 10
[EERE–2016–BT–TP–0029]
paragraph at 10 CFR 429.16(a)(3)(i) that CFR 429.16(a)(3)(i), these models would
requires, among other things: (1) If any need to be tested as outdoor units with
RIN 1904–AD71 of the refrigerants approved for use with no match under appendix M or M1.
an outdoor unit model is HCFC–22 or On May 31, 2017, JCI requested that
Energy Conservation Program: Test has a 95 °F midpoint saturation absolute DOE grant it an administrative stay
Procedures for Central Air pressure that is +/¥ 18 percent of the pending judicial review of two elements
Conditioners and Heat Pumps 95 °F saturation absolute pressure for of the January 2017 final rule challenged
HCFC–22, or if there are no refrigerants in the Seventh Circuit case: The
AGENCY: Office of the General Counsel, designated as approved for use, a requirements that a manufacturer
Department of Energy. manufacturer to determine represented determine represented values (including
ACTION: Notification of administrative values (including SEER, EER, HSPF, SEER, EER, HSPF, SEER2, EER2,
stay. SEER2, EER2, HSPF2, PW,OFF, cooling HSPF2, PW, OFF, cooling capacity, and
capacity, and heating capacity, as heating capacity, as applicable) for, at a
SUMMARY: The Department of Energy applicable) for, at a minimum, an minimum, an outdoor unit with no
(DOE) has postponed the effectiveness outdoor unit with no match; and (2) if match, when testing outdoor unit
of certain provisions of a final rule, a model of outdoor unit is not charged models that are either: (1) Approved for
published in the Federal Register on with a specified refrigerant from the a refrigerant that has a 95 °F midpoint
January 5, 2017, that amends the test point of manufacture or if the unit is saturation absolute pressure that is
procedure and specific certification, shipped requiring the addition of more +/¥ 18 percent of the 95 °F saturation
compliance, and enforcement than two pounds of refrigerant to meet absolute pressure for HCFC–22; or (2)
provisions for central air conditioners the charge required for testing per shipped requiring the addition of more
and heat pumps. Specifically, DOE section 2.2.5 of appendix M or appendix than two pounds of refrigerant to meet
postponed the effectiveness of two M1 (unless either (a) the factory charge the charge required for testing per
provisions of a recently issued rule that is equal to or greater than 70% of the section 2.2.5 of appendix M or
require outdoor unit models to be tested outdoor unit internal volume times the Appendix M1, and the factory charge is
under the outdoor unit with no match liquid density of refrigerant at 95 °F or not equal to or greater than 70% of the
if they meet either of the two following (b) an A2L refrigerant is approved for outdoor unit internal volume times the
conditions: The outdoor unit is use and listed in the certification liquid density of refrigerant at 95 °F. On
approved for use with a refrigerant that report), a manufacturer to determine June 6, 2017, JCI requested that DOE
has a 95 °F midpoint saturation absolute represented values (including SEER, hold its stay request in abeyance, noting
pressure that is +/¥ 18 percent of the EER, HSPF, SEER2, EER2, HSPF2, PW, that DOE’s June 2, 2017, grant of an 180-
95 °F saturation absolute pressure for OFF, cooling capacity, and heating day extension of the date by which JCI
HCFC–22; or the unit is shipped capacity, as applicable) for, at a must comply with the two provisions
requiring the addition of more than two minimum, an outdoor unit with no specified above obviated the need for an
pounds of refrigerant to meet the charge match. immediate grant of an administrative
required for testing under the rule and The original effective date of the stay.
the factory charge is not equal to or January 2017 final rule was February 6,
greater than 70% of the outdoor unit Administrative Stay and Effectiveness
2017. Subsequently, DOE delayed the
internal volume times the liquid density effective date of the January 2017 final Under the Administrative Procedure
of refrigerant at 95 °F. rule until March 21, 2017 (82 FR 8985), Act (5 U.S.C. 705), ‘‘[w]hen an agency
DATES: As of July 3, 2017, the and then further delayed the effective finds that justice so requires, it may
effectiveness of certain provisions of 10 date until July 5, 2017 (82 FR 14425; 82 postpone the effective date of action
jstallworth on DSK7TPTVN1PROD with RULES

CFR 429.16(a)(3)(i) was postponed FR 15457). taken by it, pending judicial review.’’
under 5 U.S.C. 705. On March 3, 2017, Johnson Controls, The result of the issuance of a stay is to
FOR FURTHER INFORMATION CONTACT: Mr. Inc. (JCI) filed a petition for review of leave in place the status quo.
Pete Cochran, U.S. Department of the January 2017 final rule in the United DOE has determined that, during the
Energy, Office of the General Counsel, States Court of Appeals for the Seventh pendency of the lawsuit brought by JCI,
1000 Independence Ave. SW., Circuit. JCI manufactures outdoor units it is in the interests of justice to
Washington, DC 20585–0121. Phone: with an approved refrigerant that has a postpone the effectiveness of the

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32228 Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Rules and Regulations

provisions of the January 2017 final rule and efficient use of the navigable form documents which are incorporated
that require a manufacturer to determine airspace and to promote safe flight by reference in this amendment under 5
represented values (including SEER, operations under instrument flight rules U.S.C. 552(a), 1 CFR part 51, and 14
EER, HSPF, SEER2, EER2, HSPF2, PW, at the affected airports. CFR part § 97.20. The applicable FAA
OFF, cooling capacity, and heating DATES: This rule is effective July 13, forms are FAA Forms 8260–3, 8260–4,
capacity, as applicable) for, at a 2017. The compliance date for each 8260–5, 8260–15A, and 8260–15B when
minimum, an outdoor unit with no SIAP, associated Takeoff Minimums, required by an entry on 8260–15A.
match, when testing outdoor unit and ODP is specified in the amendatory The large number of SIAPs, Takeoff
models that are either: (1) Approved for provisions. Minimums and ODPs, their complex
a refrigerant that has a 95 °F midpoint The incorporation by reference of nature, and the need for a special format
saturation absolute pressure that is certain publications listed in the make publication in the Federal
+/¥ 18 percent of the 95 °F saturation regulations is approved by the Director Register expensive and impractical.
absolute pressure for HCFC–22; or (2) of the Federal Register as of July 13, Further, airmen do not use the
shipped requiring the addition of more 2017. regulatory text of the SIAPs, Takeoff
than two pounds of refrigerant to meet Minimums or ODPs, but instead refer to
ADDRESSES: Availability of matters
the charge required for testing per their graphic depiction on charts
incorporated by reference in the printed by publishers of aeronautical
section 2.2.5 of appendix M or appendix amendment is as follows:
M1, and the factory charge is not equal materials. Thus, the advantages of
to or greater than 70% of the outdoor For Examination incorporation by reference are realized
unit internal volume times the liquid 1. U.S. Department of Transportation, and publication of the complete
density of refrigerant at 95 °F. DOE has Docket Ops-M30, 1200 New Jersey description of each SIAP, Takeoff
determined to postpone the effectivenes Avenue SE., West Bldg., Ground Floor, Minimums and ODP listed on FAA form
of these provisions based on JCI’s Washington, DC 20590–0001. documents is unnecessary. This
submissions to DOE that raise concerns 2. The FAA Air Traffic Organization amendment provides the affected CFR
about significant potential impacts on Service Area in which the affected sections and specifies the types of
JCI, and further to ensure all airport is located; SIAPs, Takeoff Minimums and ODPs
manufacturers of central air 3. The office of Aeronautical with their applicable effective dates.
conditioners and heat pumps have the Navigation Products, 6500 South This amendment also identifies the
same relief granted to JCI. MacArthur Blvd., Oklahoma City, OK airport and its location, the procedure,
73169 or, and the amendment number.
Issued in Washington, DC, on July 3, 2017.
George Fibbe, 4. The National Archives and Records Availability and Summary of Material
Deputy General Counsel for Litigation,
Administration (NARA). For Incorporated by Reference
Regulation and Enforcement. information on the availability of this
material at NARA, call 202–741–6030, The material incorporated by
[FR Doc. 2017–14473 Filed 7–12–17; 8:45 am]
or go to: http://www.archives.gov/ reference is publicly available as listed
BILLING CODE 6450–01–P
federal_register/code_of_federal_ in the ADDRESSES section.
The material incorporated by
regulations/ibr_locations.html.
reference describes SIAPS, Takeoff
DEPARTMENT OF TRANSPORTATION Availability Minimums and/or ODPS as identified in
All SIAPs and Takeoff Minimums and the amendatory language for part 97 of
Federal Aviation Administration ODPs are available online free of charge. this final rule.
Visit the National Flight Data Center at The Rule
14 CFR Part 97 nfdc.faa.gov to register. Additionally, This amendment to 14 CFR part 97 is
[Docket No. 31139; Amdt. No. 3751] individual SIAP and Takeoff Minimums effective upon publication of each
and ODP copies may be obtained from separate SIAP, Takeoff Minimums and
Standard Instrument Approach the FAA Air Traffic Organization
Procedures, and Takeoff Minimums ODP as Amended in the transmittal.
Service Area in which the affected Some SIAP and Takeoff Minimums and
and Obstacle Departure Procedures; airport is located.
Miscellaneous Amendments textual ODP amendments may have
FOR FURTHER INFORMATION CONTACT: been issued previously by the FAA in a
AGENCY: Federal Aviation Thomas J. Nichols, Flight Procedure Flight Data Center (FDC) Notice to
Administration (FAA), DOT. Standards Branch (AFS–420), Flight Airmen (NOTAM) as an emergency
ACTION: Final rule.
Technologies and Programs Divisions, action of immediate flight safety relating
Flight Standards Service, Federal directly to published aeronautical
SUMMARY: This rule establishes, amends, Aviation Administration, Mike charts.
suspends, or removes Standard Monroney Aeronautical Center, 6500 The circumstances that created the
Instrument Approach Procedures South MacArthur Blvd. Oklahoma City, need for some SIAP and Takeoff
(SIAPs) and associated Takeoff OK 73169 (Mail Address: P.O. Box Minimums and ODP amendments may
Minimums and Obstacle Departure 25082, Oklahoma City, OK 73125) require making them effective in less
Procedures (ODPs) for operations at Telephone: (405) 954–4164. than 30 days. For the remaining SIAPs
certain airports. These regulatory SUPPLEMENTARY INFORMATION: This rule and Takeoff Minimums and ODPs, an
actions are needed because of the amends Title 14 of the Code of Federal effective date at least 30 days after
jstallworth on DSK7TPTVN1PROD with RULES

adoption of new or revised criteria, or Regulations, part 97 (14 CFR part 97), by publication is provided.
because of changes occurring in the establishing, amending, suspending, or Further, the SIAPs and Takeoff
National Airspace System, such as the removes SIAPS, Takeoff Minimums Minimums and ODPs contained in this
commissioning of new navigational and/or ODPS. The complete regulatory amendment are based on the criteria
facilities, adding new obstacles, or description of each SIAP and its contained in the U.S. Standard for
changing air traffic requirements. These associated Takeoff Minimums or ODP Terminal Instrument Procedures
changes are designed to provide safe for an identified airport is listed on FAA (TERPS). In developing these SIAPs and

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Document Created: 2017-07-13 01:00:50
Document Modified: 2017-07-13 01:00:50

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Notification of administrative stay.
Dates		As of July 3, 2017, the effectiveness of certain provisions of 10 CFR 429.16(a)(3)(i) was postponed under 5 U.S.C. 705.
Contact		Mr. Pete Cochran, U.S. Department of Energy, Office of the General Counsel, 1000 Independence Ave. SW., Washington, DC 20585-0121. Phone: (202) 586-9496. Email: [email protected]
FR Citation		82 FR 32227
RIN Number		1904-AD71
CFR Citation		10 CFR 429 10 CFR 430