82_FR_44133 82 FR 43952 - Notice of Petition for Waiver of Johnson Controls, Inc. (JCI) From the Department of Energy Central Air Conditioners and Heat Pumps Test Procedure, and Granting of Interim Waiver

82 FR 43952 - Notice of Petition for Waiver of Johnson Controls, Inc. (JCI) From the Department of Energy Central Air Conditioners and Heat Pumps Test Procedure, and Granting of Interim Waiver

DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy

Federal Register Volume 82, Issue 181 (September 20, 2017)

Page Range43952-43957
FR Document2017-20032

This notice announces receipt of and publishes a petition for waiver from JCI seeking an exemption from specified portions of the U.S. Department of Energy (DOE) test procedure for determining the efficiency of central air conditioners (CAC) and heat pumps (HP). According to JCI, testing its CAC and HP basic models that use variable-speed, oil-injected scroll compressors (VSS systems) with only a 20-hour break-in period produces results unrepresentative of their true energy consumption characteristics, and would provide materially inaccurate comparative data. JCI requests that in lieu of the 20-hour break-in limit, it be permitted to test its VSS systems with a 72-hour break-in period. This notice also grants JCI an interim waiver from the DOE CAC and HP test procedure for its specified basic models, subject to use of the alternative test procedure as set forth in this notice. DOE solicits comments, data, and information concerning JCI's petition and its suggested alternate test procedure.

Federal Register, Volume 82 Issue 181 (Wednesday, September 20, 2017)
[Federal Register Volume 82, Number 181 (Wednesday, September 20, 2017)]
[Notices]
[Pages 43952-43957]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20032]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. CAC-051]


Notice of Petition for Waiver of Johnson Controls, Inc. (JCI) 
From the Department of Energy Central Air Conditioners and Heat Pumps 
Test Procedure, and Granting of Interim Waiver

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

ACTION: Notice of petition for waiver, notice of grant an interim 
waiver, and request for comment.

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SUMMARY: This notice announces receipt of and publishes a petition for 
waiver from JCI seeking an exemption from specified portions of the 
U.S. Department of Energy (DOE) test procedure for determining the 
efficiency of central air conditioners (CAC) and heat pumps (HP). 
According to JCI, testing its CAC and HP basic models that use 
variable-speed, oil-injected scroll compressors (VSS systems) with only 
a 20-hour break-in period produces results unrepresentative of their 
true energy consumption characteristics, and would provide materially 
inaccurate comparative data. JCI requests that in lieu of the 20-hour 
break-in limit, it be permitted to test its VSS systems with a 72-hour 
break-in period. This notice also grants JCI an interim waiver from the 
DOE CAC and HP test procedure for its specified basic models, subject 
to use of the alternative test procedure as set forth in this notice. 
DOE solicits comments, data, and information concerning JCI's petition 
and its suggested alternate test procedure.

DATES: DOE will accept comments, data, and information with respect to 
the JCI Petition until October 20, 2017.

ADDRESSES: You may submit comments, identified by case number ``CAC-
051'' and Docket number ``EERE-2017-BT-WAV-0037,'' by any of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected] Include the 
case number [Case No. CAC-051] in the subject line of the message. 
Submit electronic comments in WordPerfect, Microsoft Word, PDF, or 
ASCII file format, and avoid the use of special characters or any form 
of encryption.
     Postal Mail: Ms. Lucy Debutts, U.S. Department of Energy, 
Building Technologies Office, Mailstop EE-5B, Petition for Waiver Case 
No. CAC-051, 1000 Independence Avenue SW., Washington, DC 20585-0121. 
If possible, please submit all items on a compact disc (CD), in which 
case it is not necessary to include printed copies.
     Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW., 6th Floor, Washington, DC, 20024. Telephone: (202) 
287-1445. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    The docket Web page can be found at http://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0037. The docket Web page will contain simple 
instruction on how to access all documents, including public comments, 
in the docket.
    Docket: The docket, which includes Federal Register notices, 
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.

FOR FURTHER INFORMATION CONTACT: Ms. Lucy Debutts, U.S. Department of 
Energy, Building Technologies Program, Mail Stop EE-2J, Forrestal 
Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. 
Telephone: (202) 287-1604. Email: [email protected].
    Mr. Pete Cochran, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue 
SW., Washington, DC 20585-0103. Telephone: (202) 586-9496. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Authority

    Title III, Part B \1\ of the Energy Policy and Conservation Act of 
1975 (EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified) 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, which includes central air conditioners and heat 
pumps.\2\ Part B includes definitions, test procedures, labeling 
provisions, energy conservation standards, and the authority to require 
information and reports from manufacturers. Further, Part B requires 
the Secretary of Energy to prescribe test procedures that are 
reasonably designed to produce results that measure energy efficiency, 
energy use, or estimated operating costs during a representative 
average-use cycle, and that are not unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3)) The test procedure for central air conditioners and 
heat pumps is contained in 10 CFR part 430, subpart B, appendix M 
(referred to in this notice

[[Page 43953]]

as ``appendix M'') and 10 CFR part 429.16.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the Energy Efficiency Improvement Act of 2015 
(EEIA), Public Law 114-11 (April 30, 2015).
---------------------------------------------------------------------------

    DOE's regulations set forth at 10 CFR 430.27 contain provisions 
that allow a person to seek a waiver from the test procedure 
requirements for a particular basic model of a covered product when the 
petitioner's basic model for which the petition for waiver was 
submitted contains one or more design characteristics that either (1) 
prevent testing according to the prescribed test procedure, or (2) 
cause the prescribed test procedures to evaluate the basic model in a 
manner so unrepresentative of its true energy consumption 
characteristics as to provide materially inaccurate comparative data. 
10 CFR 430.27(a)(1). A petitioner must include in its petition any 
alternate test procedures known to the petitioner to evaluate the basic 
model in a manner representative of its energy consumption. 10 CFR 
430.27(b)(1)(iii).
    DOE may grant a waiver subject to conditions, including adherence 
to alternate test procedures. 10 CFR 430.27(f)(2). As soon as 
practicable after the granting of any waiver, DOE will publish in the 
Federal Register a notice of proposed rulemaking to amend its 
regulations so as to eliminate any need for the continuation of such 
waiver. As soon thereafter as practicable, DOE will publish in the 
Federal Register a final rule. 10 CFR 430.27(l).
    The waiver process also allows DOE to grant an interim waiver if it 
appears likely that the petition for waiver will be granted and/or if 
DOE determines that it would be desirable for public policy reasons to 
grant immediate relief pending a determination on the petition for 
waiver. 10 CFR 430.27(e)(2). Within one year of issuance of an interim 
waiver, DOE will either: (i) Publish in the Federal Register a 
determination on the petition for waiver; or (ii) publish in the 
Federal Register a new or amended test procedure that addresses the 
issues presented in the waiver. 10 CFR 430.27(h)(1). When DOE amends 
the test procedure to address the issues presented in a waiver, the 
waiver will automatically terminate on the date on which use of that 
test procedure is required to demonstrate compliance. 10 CFR 
430.27(h)(2).

II. JCI's Petition for Waiver of Test Procedure and Application for 
Interim Waiver

    On May 17, 2017, JCI filed a petition for waiver and an application 
for interim waiver from the applicable CAC and HP test procedure set 
forth in 10 CFR part 430, subpart B, appendix M and 10 CFR 429.16. On 
June 2, 2017, JCI supplemented its petition with additional 
information. According to JCI, testing its CAC and HP basic models that 
use variable-speed, oil-injected scroll compressors (VSS systems) with 
only a 20-hour break-in period produces results unrepresentative of 
their true energy consumption characteristics, and would provide 
materially inaccurate comparative data. JCI requests that in lieu of 
the 20-hour break-in limit, it be permitted to test its VSS systems 
with a 72-hour break-in period. Consequently, JCI seeks to use an 
alternate test procedure to test and rate specific CAC and HP basic 
models, which increases the break-in time limit stipulated in section 
3.1.7 of Appendix M to 10 CFR part 430, subpart B.
    JCI also requests an interim waiver from the existing DOE test 
procedure. An interim waiver may be granted if it appears likely that 
the petition for waiver will be granted, and/or if DOE determines that 
it would be desirable for public policy reasons to grant immediate 
relief pending a determination of the petition for waiver. See 10 CFR 
430.27(e)(2).
    DOE has reviewed the test data provided by JCI and agrees that it 
demonstrates that the specified VSS system models that are the subject 
of the waiver have compressors that may require more than the 20 hours 
of break-in time allowed by the DOE test procedure. The oil injected 
into the oil-injected scroll compressors increases the coverage of the 
viscous oil layer between mating surfaces of the scroll. This is 
presumably its purpose, i.e., to provide additional sealing in the gaps 
of the mating surfaces to improve compressor volumetric efficiency 
(relationship between displacement rate and volume flow rate of 
refrigerant drawn into the compressor). By enhancing this oil layer, 
the direct contact between irregularities in the surfaces may also be 
reduced, which would slow the wearing process that smooths out these 
irregularities, which is the break-in process. For this reason, oil 
injected compressors are expected to require additional break-in time.
    DOE understands that absent an interim waiver, JCI's products 
cannot be tested and rated for energy consumption on a basis 
representative of their true energy consumption characteristics. DOE 
has reviewed the alternate procedure suggested by JCI and concludes 
that it will allow for the accurate measurement of the energy use of 
these CAC and HP basic models based on the information and data 
supplied by JCI.
    Consequently, DOE has determined that JCI's petition for waiver 
will likely be granted. Furthermore, DOE has determined that it is 
desirable for public policy reasons to grant JCI immediate relief 
pending a determination of the petition for waiver.

III. Summary of Grant of an Interim Waiver

    For the reasons stated above, DOE has granted JCI's application for 
interim waiver from testing for its specified CAC and HP basic models. 
The substance of DOE's Interim Waiver Order is summarized below.
    JCI is required to use the alternate test procedures set forth in 
this notice to test and rate certain CAC and HP basic models that use 
certain variable-speed, oil-injected scroll compressors (VSS systems). 
Specifically, this requirement applies to JCI CAC and HP basic models 
that (1) have a VSS system that use one of the compressor models JCI 
specified to DOE on June 2, 2017 with a request for confidential 
treatment and (2) include the following outdoor unit models in 
combinations, listed by brand name:

----------------------------------------------------------------------------------------------------------------
                                                                     Brand
                              ----------------------------------------------------------------------------------
                                                                                      Fraser-
                                     York           Coleman          Luxaire         Johnston        Champion
----------------------------------------------------------------------------------------------------------------
Air Conditioners.............  YXV24B21         AC21B2421        AL21B2421        AL21B2421       AL21B2421
                               YXV36B21         AC21B3621        AL21B3621        AL21B3621       AL21B3621
                               YXV48B21         AC2134821        AL21B4821        AL21B4821       AL21B4821
                               YXV60B21         AC21B6021        AL21B6021        AL21B6021       AL21B6021
Heat Pumps...................  YZV24B21         HC20B2421        HL20B2421        HL20B2421       HL20B2421
                               YZV36B21         HC20B3621        HL20B3621        HL20B3621       HL20B3621
                               YZV48B21         HC20B4821        HL20B4821        HL20B4821       HL20B4821
                               YZV60B21         HC20B6021        HL20B6021        HL20B6021       HL20B6021
----------------------------------------------------------------------------------------------------------------


[[Page 43954]]

    JCI is permitted to make representations about the energy use of 
these basic models for compliance, marketing, or other purposes only to 
the extent that such products have been tested in accordance with the 
provisions set forth in the alternate test procedure and such 
representations fairly disclose the results of such testing in 
accordance with 10 CFR 429.16.
    DOE makes decisions on waivers and interim waivers for only those 
basic models specifically set out in the petition, and in this case 
only those models that use the specified compressors, not future models 
that may be manufactured by the petitioner. JCI may request that DOE 
extend the scope of a waiver or an interim waiver to include additional 
basic models employing the same technology as the basic model(s) set 
forth in the original petition consistent with 10 CFR 430.27(g). In 
addition, DOE notes that granting of an interim waiver or waiver does 
not release a petitioner from the certification requirements set forth 
at 10 CFR 429. See also 10 CFR 430.27(a) and (i).
    The interim waiver shall remain in effect consistent with the 
provisions of 10 CFR 430.27(h) and (l). Furthermore, this interim 
waiver is conditioned upon the presumed validity of statements, 
representations, and documents provided by the petitioner. DOE may 
rescind or modify a waiver or interim waiver at any time upon a 
determination that the factual basis underlying the petition for waiver 
or interim waiver is incorrect, or upon a determination that the 
results from the alternate test procedure are unrepresentative of the 
basic model's true energy consumption characteristics. See 10 CFR 
430.27(k).

IV. Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures to make 
representations about the energy consumption and energy consumption 
costs of products covered by the statute. (42 U.S.C. 6293(c)) 
Consistent representations are important for manufacturers to use in 
making representations about the energy efficiency of their products 
and to demonstrate compliance with applicable DOE energy conservation 
standards. Pursuant to its regulations applicable to waivers and 
interim waivers from applicable test procedures at 10 CFR 430.27, DOE 
will consider setting an alternate test procedure for JCI in a 
subsequent Decision and Order.
    In its petition, JCI proposes that the basic models listed in the 
petition be tested according to the test procedure for residential CAC 
and HP prescribed by DOE at 10 CFR part 430, subpart B, appendix M, 
except that the 20-hour break-in period maximum in section 3.1.7 of 
appendix M be replaced with a 72-hour maximum. With JCI's proposed 
alternative test procedure, this section of the test procedure reads as 
follows:

3.1.7 Test Sequence

    Manufacturers may optionally operate the equipment under test for a 
``break-in'' period, not to exceed 72 hours, prior to conducting the 
test method specified in this section. A manufacturer who elects to use 
this optional compressor break-in period in its certification testing 
should record this information (including the duration) in the test 
data underlying the certified ratings that are required to be 
maintained under 10 CFR 429.71. When testing a ducted unit (except if a 
heating- only heat pump), conduct the A or A2 Test first to 
establish the cooling full-load air volume rate. For ducted heat pumps 
where the heating and cooling full-load air volume rates are different, 
make the first heating mode test one that requires the heating full-
load air volume rate. For ducted heating-only heat pumps, conduct the 
H1 or H12 Test first to establish the heating full-load air 
volume rate. When conducting a cyclic test, always conduct it 
immediately after the steady-state test that requires the same test 
conditions. For variable-speed systems, the first test using the 
cooling minimum air volume rate should precede the EV Test, 
and the first test using the heating minimum air volume rate must 
precede the H2V Test. The test laboratory makes all other 
decisions on the test sequence.

V. Summary and Request for Comments

    Through this notice, DOE announces receipt of JCI's petition for 
waiver from the DOE test procedure for certain CAC and HP basic models 
and grants JCI an interim waiver from the test procedure for the 
specified basic models that use variable- speed, oil-injected scroll 
compressors (VSS systems). DOE is publishing JCI's petition for waiver 
in its entirety, pursuant to 10 CFR 439.27(b)(1)(iv). The petition 
contains no confidential information. The petition includes a suggested 
alternate test procedure, as specified in section IV of this notice, to 
determine the energy consumption of JCI's specified CAC and HP models. 
DOE may consider including this alternate procedure in a subsequent 
Decision and Order.
    DOE solicits comments from interested parties on all aspects of the 
petition, including the suggested alternate test procedure. More 
specifically, DOE is seeking test data and additional information on 
the performance on CAC and HP basic models with VSS compressors as well 
as the VSS compressor performance information as a function of time. 
Pursuant to 10 CFR 430.27(d), any person submitting written comments to 
DOE must also send a copy of such comments to the petitioner. The 
contact information for the petitioner is Steve Tice, UPG Vice-
President, Engineering, Unitary Products, Johnson Controls, Inc., 3110 
N. Mead St., Wichita, KS 67219. All comment submissions must include 
the agency name and Case Number CAC-051 for this proceeding. Submit 
electronic comments in WordPerfect, Microsoft Word, Portable Document 
Format (PDF), or text (American Standard Code for Information 
Interchange (ASCII)) file format and avoid the use of special 
characters or any form of encryption. Wherever possible, include the 
electronic signature of the author. DOE does not accept telefacsimiles 
(faxes).
    Pursuant to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies to DOE: One copy of the document 
marked ``confidential'' with all of the information believed to be 
confidential included, and one copy of the document marked ``non-
confidential'' with all of the information believed to be confidential 
deleted. DOE will make its own determination about the confidential 
status of the information and treat it according to its determination.

    Issued in Washington, DC, on September 13, 2017.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.T>
Johnson Controls, Inc.
3110 N. Mead St.
Wichita, KS 67219
Tel 316-239-2925 Fax 316-832-6598

May 17, 2017

VIA EMAIL: [email protected]

Ashley Armstrong
Building Technologies Program
Office of Energy Efficiency and Renewable Energy
U.S. Department of Energy
Mailstop EE-5B
1000 Independence Avenue SW.
Washington, DC 20585-0121

RE: Petition for Waiver and Interim Waiver of 20 Hour Break-In 
Period Limit for Certain JCI Central Air Conditioners and Heat Pumps 
With Variable Speed Compressors


[[Page 43955]]


    Dear Ms. Armstrong: Pursuant to 10 CFR 430.27, Johnson Controls, 
Inc. (JCI) respectfully submits this petition for waiver, and 
request for interim waiver,\1\ of the requirement in Section 3.1.7 
of the test procedure for central air conditioners (CAC) and heat 
pumps (HP) found at Appendix M to Subpart B of 10 CFR part 430 that 
limits an optional compressor ``break-in'' period to a maximum of 20 
hours before testing under Appendix M (the ``20 Hour Break-In 
Limit'').\2\ Specifically, JCI seeks waiver of the 20 Hour Break-In 
Limit for its central air conditioner and heat pumps with variable 
speed systems that use oil-injected scroll compressors (VSS 
systems), because testing these systems with only a 20-hour break-in 
period produces results unrepresentative of their true energy 
consumption characteristics, and would provide materially inaccurate 
comparative data.\3\ As explained below, JCI requests that in lieu 
of the 20 Hour Break-In Limit, it be permitted to test its VSS 
systems with a 72-hour break-in period.
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    \1\ This petition for waiver and request for interim waiver is a 
substitute for that originally submitted by Johnson Controls, Inc. 
on May 2, 2017 on the same break-in period issue.
    \2\ Section 3.1.7 of Appendix M to Subpart B of 10 CFR part 430.
    \3\ 10 CFR 430.27(a)(1).
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I. Johnson Controls, Inc.

    Johnson Controls, Inc. is a diversified equipment and technology 
company with its operational headquarters in Milwaukee, Wisconsin 
and approximately 140,000 employees located around the globe. Our 
employees provide intelligent buildings, energy efficient solutions 
and integrated infrastructure to optimize energy efficiency and to 
create the smart buildings and communities of the future. Through 
its Unitary Product Group division, JCI manufactures and sells 
central air conditioner and heat pump systems for residential use, 
including high efficiency variable speed systems. These products are 
manufactured in the United States, in Wichita, Kansas.

II. Background

    A ``break-in'' period contemplates the running of equipment for 
a period of time before beginning of an efficiency test.\4\ DOE has 
found that a ``break-in period is particularly important for scroll 
compressors, which may be less efficient when first started and may 
require time to warm up to achieve optimal performance. Once the 
compressor is broken in, the performance should be more 
representative of the actual field performance.'' \5\ Break-in 
allows ``mating'' parts to wear against each other, which results in 
reduced friction and leakage. Until this initial wear has occurred, 
the moving parts in the compressor generate greater friction when 
they contact each other, which decreases efficiency, and the seals 
between chambers that compress or expand the refrigerant may have 
greater leakage between the chambers, which reduces efficiency. Oil 
injection technology improves system efficiency, but the oil in the 
scroll elements prolongs the time required for this initial wear, 
which is needed to achieve nominal efficiency.
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    \4\ Energy Conservation Standards and Test Procedures for 
Commercial Heating, Air-Conditioning, and Water- Heating Equipment, 
Proposed Rule, 77 FR 2355, 2374 (Jan. 17, 2012).
    \5\ Id.
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    Section 3.1.7 of Appendix M to 10 CFR part 430, Subpart B 
provides that ``[m]anufacturers may optionally operate the equipment 
under test for a ``break-in'' period, not to exceed 20 hours,'' 
provided that the manufacturer reports the break-in period used in 
any certification to DOE.\6\
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    \6\ Section 3.1.7 of Appendix M to Subpart B of 10 CFR part 430 
(as revised by DOE in the June 2016 Final Rule).
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III. Basic Models for Which Waiver Is Requested

    JCI requests a waiver from the 20 Hour Break-In Limit for its 
split-system CAC and HP basic models that use variable speed scroll 
compressors with an oil-injection system. Specifically, JCI requests 
waiver for all basic models that include the following outdoor unit 
models in combinations, listed by brand name:
[GRAPHIC] [TIFF OMITTED] TN20SE17.001

    The variable speed scroll compressors used in these systems are 
optimized for high-efficiency residential air conditioner and heat 
pump systems in the 2-ton to 5-ton range.

IV. Grounds for Test Procedure Waiver

    DOE's regulations provide for granting of a test procedure 
waiver where testing of a basic model under the prescribed test 
procedures would ``evaluate the basic model in a manner so 
unrepresentative of its true energy . . . consumption 
characteristics as to provide materially inaccurate comparative 
data.'' \7\ JCI seeks a waiver from the 20 Hour Break-In Limit for 
its VSS systems because limiting the optional break-in period to 20 
hours results in testing that provides materially inaccurate data 
unrepresentative of the true energy efficiency characteristics of 
these systems.
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    \7\ 10 CFR 430.27(a)(1).
---------------------------------------------------------------------------

    JCI's VSS systems require significantly more than 20 hours of 
break-in to reach design efficiency, which is the level of 
efficiency that is representative of system performance over the 
lifetime of the VSS system, and would be more appropriately tested 
with a break-in period of 72 hours. DOE established the 20 hour 
Break-in Limit to reduce test variability,\8\ but because variable 
speed compressors with oil injection do not completely wear in 
within 20 hours, performance variability for VSS systems actually 
increases when break-in is limited to 20 hours. As explained below, 
JCI conducted testing demonstrating that a 20-hour break-in period 
does not allow for sufficient break-in for its VSS systems to reach 
representative efficiency, but that a 72- hour break-in period does.
---------------------------------------------------------------------------

    \8\ Final Rule at 1445 (``[T]he establishment of the 20-hour 
limit is to maintain test repeatability among labs regardless of who 
conducts the test.'')
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    JCI conducted baseline VSS system performance tests under 
Appendix M after 20 hours of break-in--the maximum currently 
permitted under Appendix M.\9\ JCI then ran the same performance 
tests on the same units after longer break-in periods, of 44, 68, 
and 92 hours. JCI's testing shows that for the tested products, 
measured efficiency increased significantly with break-in periods 
longer than 20 hours. As is shown in the following sections, the Ev, 
B1, and F1 tests show substantial gains in efficiency with longer 
break-in periods.
---------------------------------------------------------------------------

    \9\ These test results are representative of the break-in 
characteristics of all models for which JCI seeks waiver here.
---------------------------------------------------------------------------

    Table 1 below shows testing data for a 3-ton air conditioning 
unit with a variable speed scroll compressor with oil injection 
tested after 20 hours of break-in. The unit was started at A2 
conditions and instrumentation was verified before starting the A2 
test with 20 hours of accumulated compressor run time. Completion of 
the A2 test was followed by the B2, B1, Ev, and F1 tests.

[[Page 43956]]

    JCI then operated the test system for an additional 24 hours, 
for a total compressor run time of 44 hours, to determine if an 
increased break-in period improved performance. The results in Table 
1 show the calculated SEER improved by 0.77 with this additional 24 
hour period of break in. The most substantial gain was found in the 
EV, B1 and F1 tests.

                                                         I. Table 1--3-Ton AC System Testing, With 20 Hour Break-In and 44 Hour Break-In
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                 Calorimeter 20 hr break-in compressor                                                               Increased break-in run 24 hours
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                         ID                                                                                         ID
                Test                  capacity    Watts       EER        CFM       Static    ID watts            Test            capacity    Watts       EER        CFM       Static    ID watts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
A2.................................      35719     2597.1      13.75       1160       0.24      199.5   A2....................      35751     2545.7      14.04       1159       0.23      190.3
B2.................................      38054     2243.1      16.96       1162       0.24      198.4   B2....................      37779     2213.8      17.07       1156       0.24      191.6
Ev.................................      19235     1074.4      17.90        708       0.16       71.6   Ev....................      19187     1032.3      18.59        707       0.15       67.5
B1.................................      10287      544.6      18.89        428       0.26       55.4   B1....................      10276      547.3      18.78        420       0.20       46.2
F1.................................      11112      348.4      31.89        420       0.24       51.6   F1....................      11156      324.8      34.34        428       0.22       49.3
                                     .........       SEER      19.30  .........  .........  ..........  ......................  .........       SEER      20.07  .........  .........  .........
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    JCI then operated the test system for two more 24-hour break-in 
periods and collected system performance data after each break-in 
period. A second system was also installed into a psychrometric test 
cell and tested after the same intervals of compressor run time. As 
shown in Table 2, the performance data from both samples shows 
improvement after the first two additional 24-hour break-in periods, 
tapering off in the third 24-hour break-in period. With an 
additional 48 hours of break-in, there is an average of 7.5% 
improvement in SEER across both tests. Sample 1 improved from a SEER 
of 19.30 to 20.46 and sample 2 improved from a SEER of 18.97 to 
20.70. This average gain of more than 1.0 SEER is significant in the 
current marketplace.

                                        II. Table 2--3-Ton AC System Performance With Increasing Break-In Periods
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Sample 1                                                                     Sample 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Test                       20 hr    44 hr    68 hr     92 hr                 Test                 20 hr    44 hr    68 hr    92 hr
--------------------------------------------------------------------------------------------------------------------------------------------------------
A2...........................................    13.75    14.04    13.98    14.03   A2..............................    13.14    13.73    13.83    13.88
B2...........................................    16.96    17.07    17.13    17.22   B2..............................    16.21    16.91    16.91    17.08
Ev...........................................    17.90    18.59    19.04    20.16   Ev..............................    17.52    19.01    19.32    19.34
B1...........................................    18.89    18.78    20.52    22.73   B1..............................    17.75    22.10    21.45    21.58
F1...........................................    31.89    34.34    34.86    36.06   F1..............................    32.92    37.77    35.92    35.83
SEER.........................................    19.30    20.07    20.46    21.41   SEER............................    18.97    20.59    20.70    20.73
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Additional unit sizes were tested using the same procedure as 
described above. As shown in Tables 3 and 4 below, results from 
those additional tests show the same pattern--increased efficiency 
with longer break-in periods beyond 20 hours.

                                       III. Table 3--4-Ton AC System Performance With Increasing Break-In Periods
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Sample 1                                                                     Sample 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Test                       20 hr    44 hr    68 hr     92 hr                 Test                 20 hr    44 hr    68 hr    92 hr
--------------------------------------------------------------------------------------------------------------------------------------------------------
A2...........................................    13.03    13.35    13.42    13.47   A2..............................    13.31    13.60    13.26    13.52
B2...........................................    15.93    16.21    16.43    16.45   B2..............................    16.39    16.65    16.54    16.96
Ev...........................................    18.60    19.08    19.11    19.30   Ev..............................    19.55    18.91    19.32    19.81
B1...........................................    19.96    21.04    21.50    21.28   B1..............................    21.41    19.43    20.30    21.90
F1...........................................    36.87    37.63    38.56    36.95   F1..............................    35.50    37.16    36.06    38.52
SEER.........................................    20.07    20.54    20.67    20.67   SEER............................    20.76    20.46    20.64    21.29
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                          Table 4--5-Ton AC System Performance With Increasing Break-In Periods
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Sample 1                                                                     Sample 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Test                       20 hr    44 hr    68 hr     92 hr                 Test                 20 hr    44 hr    68 hr    92 hr
--------------------------------------------------------------------------------------------------------------------------------------------------------
A2...........................................    13.12    13.18    13.20    13.27   A2..............................    13.03    13.24    13.23    13.23
B2...........................................    16.05    16.08    16.18    16.30   B2..............................    15.81    16.04    15.90    16.24
Ev...........................................    19.23    19.51    19.68    19.65   Ev..............................    19.07    19.48    19.49    19.95
B1...........................................    22.15    23.20    23.80    24.02   B1..............................    22.19    23.12    23.05    23.96
F1...........................................    36.94    38.00    38.28    37.45   F1..............................    35.55    37.50    37.96    38.93
SEER.........................................    20.67    21.05    21.22    21.18   SEER............................    20.45    20.98    21.02    21.52
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In evaluating this test data, JCI determined that the increase 
in system efficiency and reduced test variability that occurs with 
the lengthier break-in periods was principally due to a reduction in 
required compressor power during the test. Figures 5 and 6 show the 
decrease in compressor watts compared to the 20-hour baseline 
compressor for 3-ton and 5-ton AC systems. For both systems, results 
show a consistent reduction in watts consumed as the break-in time 
of the compressor is increased. This is most significant at the Ev, 
B1 and F1 test conditions.

[[Page 43957]]

IV. Figure 5: Decrease in Compressor Watts (3 Ton AC) With 3 Additional 
24-Hour Break-In Periods, Relative to 20-Hour Break-In Baseline

    See the following Web site for figure 5: https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0037.

Figure 6: Decrease in Compressor Watts (5 Ton AC) With 3 Additional 24-
Hour Break-In Periods, Relative to 20-Hour Break-In Baseline

    See the following Web site for figure 6: https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0037.
    These test results show that a VSS system is not fully broken in 
at 20 hours, and that rating such a system with only 20-hour break-
in period can understate a system's SEER rating performance by 1 to 
2 SEER (or approximately 5% to 10%). Because the 20 Hour Break-In 
Limit does not allow sufficient time for full break-in of VSS 
systems, the efficiency rating of a VSS system measured under 
Appendix M falls below the actual efficiency level at which the 
system will operate for the great majority of its time in service. 
JCI is thus unable to represent, on the basis of Appendix M testing, 
the full efficiency at which its VSS systems will operate. To 
achieve a particular efficiency rating under the Appendix M test 
method, JCI is forced to overdesign its VSS systems to meet an even 
higher target efficiency rating after full break-in. In short, the 
20 Hour Break-In Limit in Appendix M results in the underrating of 
JCI's VCC systems, and thus produces materially inaccurate data 
about the efficiency of VSS systems for comparison purposes, leaving 
homeowners without the information needed to objectively evaluate 
the benefits of such systems.
    This underrating under Appendix M for JCI's VSS systems has 
significant consequences in the marketplace. Because of underrating 
due to the 20 Hour Break-In Limit, the full efficiency advantage of 
JCI's VSS systems will not be apparent versus lower-efficiency full 
stage compressor products, for which the 20 Hour Break-In Limit does 
not bias results. Consumers for whom central air conditioner 
measured efficiency is an important factor will be misled about the 
merits of VSS systems on the basis of measured efficiency under 
Appendix M. Although the JCI models at issue are very efficient, and 
perform well above the applicable minimum efficiency standards, 
accurate ratings for high efficiency products such as these are 
important for purposes of, for instance, determining eligibility for 
Energy Star, utility rebates, tax credits, and green building 
recognition.

I. Alternative Test Procedures

    DOE's Appendix M test procedure, as currently promulgated but 
with the option of an extended, 72-hour break-in period, constitutes 
the appropriate alternate test procedure that will evaluate the 
performance of JCI's VSS systems in a manner representative of its 
energy characteristics. Therefore, JCI proposes to test the basic 
models for which it seeks waiver by applying the entirety of 
Appendix M to 10 CFR part 430, subpart B, with a single modification 
to Section 3.1.7, as shown below:

3.1.7 Test Sequence

    Manufacturers may optionally operate the equipment under test 
for a ``break-in'' period, not to exceed 2072 hours, prior to 
conducting the test method specified in this section. A manufacturer 
who elects to use this optional compressor break-in period in its 
certification testing should record this information (including the 
duration) in the test data underlying the certified ratings that are 
required to be maintained under 10 CFR 429.71. When testing a ducted 
unit (except if a heating- only heat pump), conduct the A or 
A2 Test first to establish the cooling full-load air 
volume rate. For ducted heat pumps where the heating and cooling 
full-load air volume rates are different, make the first heating 
mode test one that requires the heating full-load air volume rate. 
For ducted heating-only heat pumps, conduct the H1 or H12 
Test first to establish the heating full-load air volume rate. When 
conducting a cyclic test, always conduct it immediately after the 
steady-state test that requires the same test conditions. For 
variable-speed systems, the first test using the cooling minimum air 
volume rate should precede the EV Test, and the first 
test using the heating minimum air volume rate must precede the 
H2V Test. The test laboratory makes all other decisions 
on the test sequence.
    Thus, the only change would be to modify the maximum length of 
the optional break-in period for JCI's VSS systems. As required by 
Appendix M, JCI would report the break-in period used in its product 
compliance certifications.

II. Similar Products

    JCI is aware of the following manufacturers of residential 
central air conditioners and heat pumps that offer VSS systems using 
scroll compressors with oil injection: Carrier Corporation, Daikin 
Industries, Goodman Manufacturing Co. LP, Lennox International Inc., 
Nortek Global HVAC, Rheem Sales Company, and Trane.

III. Petition for Interim Waiver

    Pursuant to 10 CFR 430.27, JCI also requests an interim waiver 
of the 20 Hour Break-In Limit for the JCI VSS systems. DOE will 
grant an interim waiver if it appears likely that the petition for 
waiver will be granted and/or if DOE determines that it would be 
desirable for public policy reasons to grant immediate relief 
pending a determination on the petition for waiver.\10\ Interim 
relief is important to ensure that JCI can make materially accurate 
representations about the energy efficiency of its VSS systems in 
its certifications to DOE and marketing materials while DOE is 
considering the merits of JCI's petition for waiver.
---------------------------------------------------------------------------

    \10\ 10 CFR 430.27(e)(2).
---------------------------------------------------------------------------

    Likely Success of the Petition for Waiver. For the reasons 
outlined above, JCI believes that there are strong arguments for 
granting the petition for waiver on the merits. Specifically, JCI 
testing of its VSS systems shows that a 72-hour break-in period 
produces test results that are more representative of the actual 
product efficiencies at which the VSS systems will operate over the 
lifetime of the product than those results obtained under the 
current 20 hour break-in period limit.
    Competitive Disadvantage. If JCI must continue to comply with 
the 20 Hour Break-In Limit for its VSS systems, these systems will 
be disadvantaged in the market relative to other types central air 
conditioners and heat pumps for which a break-in period of 20 hours 
or less products results representative of actual operating 
efficiency. As shown above, the impact of the 20 Hour Break-In Limit 
on ratings is significant--it can reduce ratings by 1 to 2 SEER. The 
effects of such depressed ratings in the market can be significant.
    Public Policy Reasons to Grant Interim Waiver. Without an 
interim waiver, consumers will continue to be exposed to materially 
inaccurate information about the energy consumption characteristics 
of JCI's VSS systems. This inaccurate information harms consumers 
(especially those seeking to evaluate very high efficiency CAC/HP 
products) and distorts markets. Further, underrating high efficiency 
products is inconsistent with the policy objectives of EPCA.
    For all of these reasons, the Department should grant an interim 
waiver while it considers the petition for waiver set out above.

IV. Conclusion

    For the reasons stated above, JCI respectfully requests that DOE 
grant this petition for waiver of the 20 Hour Break-In Limit with 
respect to its VSS systems. JCI further requests DOE to grant its 
request for an interim waiver while its petition for waiver is under 
consideration.
    If you have any questions or would like to discuss this request, 
please contact me at (316) 832-6393, Chris Ware at (414) 524-5443, 
or Doug Smith of Van Ness Feldman, LLP at (202) 298-1902. We greatly 
appreciate your attention to this matter.

Sincerely,

Steve Tice,

UPG Vice-President, Engineering Unitary Products, Johnson Controls, 
Inc. [email protected].

Cc: Johanna Jochum, Office of the General Counsel

[FR Doc. 2017-20032 Filed 9-19-17; 8:45 am]
BILLING CODE 6450-01-P



                                                43952                    Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices

                                                criteria for submitting an application by               ACTION: Notice of petition for waiver,                  The docket Web page can be found at
                                                the extended deadline.                                  notice of grant an interim waiver, and                http://www.regulations.gov/docket?D=
                                                  Note: All information in the NIA published            request for comment.                                  EERE-2017-BT-WAV-0037. The docket
                                                on July 21, 2017 (82 FR 33881) for this                                                                       Web page will contain simple
                                                competition remains the same, except for the            SUMMARY:    This notice announces receipt             instruction on how to access all
                                                deadline date.                                          of and publishes a petition for waiver                documents, including public comments,
                                                                                                        from JCI seeking an exemption from                    in the docket.
                                                   Program Authority: The Promise
                                                                                                        specified portions of the U.S.
                                                Neighborhoods program is authorized                                                                             Docket: The docket, which includes
                                                                                                        Department of Energy (DOE) test
                                                under section 4624 of the Elementary                                                                          Federal Register notices, comments,
                                                                                                        procedure for determining the efficiency
                                                and Secondary Education Act of 1965                                                                           and other supporting documents/
                                                                                                        of central air conditioners (CAC) and
                                                (ESEA), as amended by the Every                                                                               materials, is available for review at
                                                                                                        heat pumps (HP). According to JCI,
                                                Student Succeeds Act (ESSA) (20 U.S.C.                                                                        www.regulations.gov. All documents in
                                                                                                        testing its CAC and HP basic models
                                                7273–7274).                                                                                                   the docket are listed in the
                                                   Accessible Format: Individuals with                  that use variable-speed, oil-injected
                                                                                                        scroll compressors (VSS systems) with                 www.regulations.gov index. However,
                                                disabilities can obtain this document                                                                         some documents listed in the index,
                                                and a copy of the application package in                only a 20-hour break-in period produces
                                                                                                        results unrepresentative of their true                such as those containing information
                                                an accessible format (e.g., braille, large                                                                    that is exempt from public disclosure,
                                                print, audiotape, or compact disc) on                   energy consumption characteristics, and
                                                                                                        would provide materially inaccurate                   may not be publicly available.
                                                request to the program contact person
                                                listed under FOR FURTHER INFORMATION                    comparative data. JCI requests that in                FOR FURTHER INFORMATION CONTACT:    Ms.
                                                CONTACT.
                                                                                                        lieu of the 20-hour break-in limit, it be             Lucy Debutts, U.S. Department of
                                                   Electronic Access to This Document:                  permitted to test its VSS systems with                Energy, Building Technologies Program,
                                                The official version of this document is                a 72-hour break-in period. This notice                Mail Stop EE–2J, Forrestal Building,
                                                the document published in the Federal                   also grants JCI an interim waiver from                1000 Independence Avenue SW.,
                                                Register. Free internet access to the                   the DOE CAC and HP test procedure for                 Washington, DC 20585–0121.
                                                official edition of the Federal Register                its specified basic models, subject to use            Telephone: (202) 287–1604. Email: AS_
                                                and the Code of Federal Regulations is                  of the alternative test procedure as set              Waiver_Requests@ee.doe.gov.
                                                available via the Federal Digital System                forth in this notice. DOE solicits                      Mr. Pete Cochran, U.S. Department of
                                                at: www.gpo.gov/fdsys. At this site you                 comments, data, and information                       Energy, Office of the General Counsel,
                                                can view this document, as well as all                  concerning JCI’s petition and its                     Mail Stop GC–33, Forrestal Building,
                                                other documents of this Department                      suggested alternate test procedure.                   1000 Independence Avenue SW.,
                                                published in the Federal Register, in                   DATES: DOE will accept comments, data,                Washington, DC 20585–0103.
                                                text or Portable Document Format                        and information with respect to the JCI               Telephone: (202) 586–9496. Email:
                                                (PDF). To use PDF you must have                         Petition until October 20, 2017.                      peter.cochran@hq.doe.gov.
                                                Adobe Acrobat Reader, which is                          ADDRESSES: You may submit comments,
                                                                                                                                                              SUPPLEMENTARY INFORMATION:
                                                available free at the site.                             identified by case number ‘‘CAC–051’’
                                                   You may also access documents of the                 and Docket number ‘‘EERE–2017–BT–                     I. Background and Authority
                                                Department published in the Federal                     WAV–0037,’’ by any of the following
                                                Register by using the article search                    methods:                                                 Title III, Part B 1 of the Energy Policy
                                                feature at: www.federalregister.gov.                       • Federal eRulemaking Portal: http://              and Conservation Act of 1975 (EPCA),
                                                Specifically, through the advanced                      www.regulations.gov. Follow the                       Public Law 94–163 (42 U.S.C. 6291–
                                                search feature at this site, you can limit              instructions for submitting comments.                 6309, as codified) established the
                                                your search to documents published by                      • Email: JohnsonControlsCAC051                     Energy Conservation Program for
                                                the Department.                                         waiver@ee.doe.gov Include the case                    Consumer Products Other Than
                                                  Dated: September 15, 2017.                            number [Case No. CAC–051] in the                      Automobiles, which includes central air
                                                Margo Anderson,                                         subject line of the message. Submit                   conditioners and heat pumps.2 Part B
                                                                                                        electronic comments in WordPerfect,                   includes definitions, test procedures,
                                                Acting Assistant Deputy Secretary for
                                                Innovation and Improvement.                             Microsoft Word, PDF, or ASCII file                    labeling provisions, energy conservation
                                                                                                        format, and avoid the use of special                  standards, and the authority to require
                                                [FR Doc. 2017–20070 Filed 9–19–17; 8:45 am]
                                                                                                        characters or any form of encryption.                 information and reports from
                                                BILLING CODE 4000–01–P
                                                                                                           • Postal Mail: Ms. Lucy Debutts, U.S.              manufacturers. Further, Part B requires
                                                                                                        Department of Energy, Building                        the Secretary of Energy to prescribe test
                                                                                                        Technologies Office, Mailstop EE–5B,                  procedures that are reasonably designed
                                                DEPARTMENT OF ENERGY                                                                                          to produce results that measure energy
                                                                                                        Petition for Waiver Case No. CAC–051,
                                                                                                        1000 Independence Avenue SW.,                         efficiency, energy use, or estimated
                                                Office of Energy Efficiency and
                                                                                                        Washington, DC 20585–0121. If                         operating costs during a representative
                                                Renewable Energy
                                                                                                        possible, please submit all items on a                average-use cycle, and that are not
                                                [Case No. CAC–051]                                      compact disc (CD), in which case it is                unduly burdensome to conduct. (42
                                                                                                        not necessary to include printed copies.              U.S.C. 6293(b)(3)) The test procedure for
                                                Notice of Petition for Waiver of
                                                                                                           • Hand Delivery/Courier: Appliance                 central air conditioners and heat pumps
                                                Johnson Controls, Inc. (JCI) From the                                                                         is contained in 10 CFR part 430, subpart
                                                                                                        and Equipment Standards Program, U.S.
sradovich on DSKBBY8HB2PROD with NOTICES




                                                Department of Energy Central Air                                                                              B, appendix M (referred to in this notice
                                                                                                        Department of Energy, Building
                                                Conditioners and Heat Pumps Test
                                                                                                        Technologies Office, 950 L’Enfant Plaza
                                                Procedure, and Granting of Interim
                                                                                                        SW., 6th Floor, Washington, DC, 20024.                  1 For editorial reasons, upon codification in the
                                                Waiver                                                                                                        U.S. Code, Part B was redesignated as Part A.
                                                                                                        Telephone: (202) 287–1445. If possible,                 2 All references to EPCA in this document refer
                                                AGENCY: Office of Energy Efficiency and                 please submit all items on a CD, in                   to the statute as amended through the Energy
                                                Renewable Energy, Department of                         which case it is not necessary to include             Efficiency Improvement Act of 2015 (EEIA), Public
                                                Energy.                                                 printed copies.                                       Law 114–11 (April 30, 2015).



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                                                                                Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices                                                           43953

                                                as ‘‘appendix M’’) and 10 CFR part                                     which use of that test procedure is                           the mating surfaces to improve
                                                429.16.                                                                required to demonstrate compliance. 10                        compressor volumetric efficiency
                                                   DOE’s regulations set forth at 10 CFR                               CFR 430.27(h)(2).                                             (relationship between displacement rate
                                                430.27 contain provisions that allow a                                                                                               and volume flow rate of refrigerant
                                                                                                                       II. JCI’s Petition for Waiver of Test
                                                person to seek a waiver from the test                                                                                                drawn into the compressor). By
                                                                                                                       Procedure and Application for Interim
                                                procedure requirements for a particular                                                                                              enhancing this oil layer, the direct
                                                                                                                       Waiver
                                                basic model of a covered product when                                                                                                contact between irregularities in the
                                                the petitioner’s basic model for which                                    On May 17, 2017, JCI filed a petition                      surfaces may also be reduced, which
                                                the petition for waiver was submitted                                  for waiver and an application for                             would slow the wearing process that
                                                contains one or more design                                            interim waiver from the applicable CAC                        smooths out these irregularities, which
                                                characteristics that either (1) prevent                                and HP test procedure set forth in 10                         is the break-in process. For this reason,
                                                testing according to the prescribed test                               CFR part 430, subpart B, appendix M                           oil injected compressors are expected to
                                                procedure, or (2) cause the prescribed                                 and 10 CFR 429.16. On June 2, 2017, JCI                       require additional break-in time.
                                                test procedures to evaluate the basic                                  supplemented its petition with                                   DOE understands that absent an
                                                model in a manner so unrepresentative                                  additional information. According to                          interim waiver, JCI’s products cannot be
                                                of its true energy consumption                                         JCI, testing its CAC and HP basic models                      tested and rated for energy consumption
                                                characteristics as to provide materially                               that use variable-speed, oil-injected                         on a basis representative of their true
                                                inaccurate comparative data. 10 CFR                                    scroll compressors (VSS systems) with                         energy consumption characteristics.
                                                430.27(a)(1). A petitioner must include                                only a 20-hour break-in period produces                       DOE has reviewed the alternate
                                                in its petition any alternate test                                     results unrepresentative of their true                        procedure suggested by JCI and
                                                procedures known to the petitioner to                                  energy consumption characteristics, and                       concludes that it will allow for the
                                                evaluate the basic model in a manner                                   would provide materially inaccurate                           accurate measurement of the energy use
                                                representative of its energy                                           comparative data. JCI requests that in                        of these CAC and HP basic models
                                                consumption. 10 CFR 430.27(b)(1)(iii).                                 lieu of the 20-hour break-in limit, it be                     based on the information and data
                                                   DOE may grant a waiver subject to                                   permitted to test its VSS systems with                        supplied by JCI.
                                                conditions, including adherence to                                     a 72-hour break-in period.                                       Consequently, DOE has determined
                                                alternate test procedures. 10 CFR                                      Consequently, JCI seeks to use an                             that JCI’s petition for waiver will likely
                                                430.27(f)(2). As soon as practicable after                             alternate test procedure to test and rate                     be granted. Furthermore, DOE has
                                                the granting of any waiver, DOE will                                   specific CAC and HP basic models,                             determined that it is desirable for public
                                                publish in the Federal Register a notice                               which increases the break-in time limit                       policy reasons to grant JCI immediate
                                                of proposed rulemaking to amend its                                    stipulated in section 3.1.7 of Appendix                       relief pending a determination of the
                                                regulations so as to eliminate any need                                M to 10 CFR part 430, subpart B.                              petition for waiver.
                                                for the continuation of such waiver. As                                   JCI also requests an interim waiver
                                                soon thereafter as practicable, DOE will                               from the existing DOE test procedure.                         III. Summary of Grant of an Interim
                                                publish in the Federal Register a final                                An interim waiver may be granted if it                        Waiver
                                                rule. 10 CFR 430.27(l).                                                appears likely that the petition for                            For the reasons stated above, DOE has
                                                   The waiver process also allows DOE                                  waiver will be granted, and/or if DOE                         granted JCI’s application for interim
                                                to grant an interim waiver if it appears                               determines that it would be desirable for                     waiver from testing for its specified CAC
                                                likely that the petition for waiver will be                            public policy reasons to grant                                and HP basic models. The substance of
                                                granted and/or if DOE determines that it                               immediate relief pending a                                    DOE’s Interim Waiver Order is
                                                would be desirable for public policy                                   determination of the petition for waiver.                     summarized below.
                                                reasons to grant immediate relief                                      See 10 CFR 430.27(e)(2).                                        JCI is required to use the alternate test
                                                pending a determination on the petition                                   DOE has reviewed the test data                             procedures set forth in this notice to test
                                                for waiver. 10 CFR 430.27(e)(2). Within                                provided by JCI and agrees that it                            and rate certain CAC and HP basic
                                                one year of issuance of an interim                                     demonstrates that the specified VSS                           models that use certain variable-speed,
                                                waiver, DOE will either: (i) Publish in                                system models that are the subject of the                     oil-injected scroll compressors (VSS
                                                the Federal Register a determination on                                waiver have compressors that may                              systems). Specifically, this requirement
                                                the petition for waiver; or (ii) publish in                            require more than the 20 hours of break-                      applies to JCI CAC and HP basic models
                                                the Federal Register a new or amended                                  in time allowed by the DOE test                               that (1) have a VSS system that use one
                                                test procedure that addresses the issues                               procedure. The oil injected into the oil-                     of the compressor models JCI specified
                                                presented in the waiver. 10 CFR                                        injected scroll compressors increases                         to DOE on June 2, 2017 with a request
                                                430.27(h)(1). When DOE amends the test                                 the coverage of the viscous oil layer                         for confidential treatment and (2)
                                                procedure to address the issues                                        between mating surfaces of the scroll.                        include the following outdoor unit
                                                presented in a waiver, the waiver will                                 This is presumably its purpose, i.e., to                      models in combinations, listed by brand
                                                automatically terminate on the date on                                 provide additional sealing in the gaps of                     name:

                                                                                                                                                                                              Brand

                                                                                                                                                                                                          Fraser-
                                                                                                                                                                York         Coleman          Luxaire                Champion
                                                                                                                                                                                                         Johnston

                                                Air Conditioners ........................................................................................   YXV24B21        AC21B2421     AL21B2421     AL21B2421   AL21B2421
sradovich on DSKBBY8HB2PROD with NOTICES




                                                                                                                                                            YXV36B21        AC21B3621     AL21B3621     AL21B3621   AL21B3621
                                                                                                                                                            YXV48B21        AC2134821     AL21B4821     AL21B4821   AL21B4821
                                                                                                                                                            YXV60B21        AC21B6021     AL21B6021     AL21B6021   AL21B6021
                                                Heat Pumps ..............................................................................................   YZV24B21        HC20B2421     HL20B2421     HL20B2421   HL20B2421
                                                                                                                                                            YZV36B21        HC20B3621     HL20B3621     HL20B3621   HL20B3621
                                                                                                                                                            YZV48B21        HC20B4821     HL20B4821     HL20B4821   HL20B4821
                                                                                                                                                            YZV60B21        HC20B6021     HL20B6021     HL20B6021   HL20B6021



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                                                43954                   Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices

                                                   JCI is permitted to make                             for residential CAC and HP prescribed                 specifically, DOE is seeking test data
                                                representations about the energy use of                 by DOE at 10 CFR part 430, subpart B,                 and additional information on the
                                                these basic models for compliance,                      appendix M, except that the 20-hour                   performance on CAC and HP basic
                                                marketing, or other purposes only to the                break-in period maximum in section                    models with VSS compressors as well as
                                                extent that such products have been                     3.1.7 of appendix M be replaced with a                the VSS compressor performance
                                                tested in accordance with the provisions                72-hour maximum. With JCI’s proposed                  information as a function of time.
                                                set forth in the alternate test procedure               alternative test procedure, this section              Pursuant to 10 CFR 430.27(d), any
                                                and such representations fairly disclose                of the test procedure reads as follows:               person submitting written comments to
                                                the results of such testing in accordance                                                                     DOE must also send a copy of such
                                                                                                        3.1.7 Test Sequence
                                                with 10 CFR 429.16.                                                                                           comments to the petitioner. The contact
                                                   DOE makes decisions on waivers and                      Manufacturers may optionally operate               information for the petitioner is Steve
                                                interim waivers for only those basic                    the equipment under test for a ‘‘break-               Tice, UPG Vice-President, Engineering,
                                                models specifically set out in the                      in’’ period, not to exceed 72 hours, prior            Unitary Products, Johnson Controls,
                                                petition, and in this case only those                   to conducting the test method specified               Inc., 3110 N. Mead St., Wichita, KS
                                                models that use the specified                           in this section. A manufacturer who                   67219. All comment submissions must
                                                compressors, not future models that                     elects to use this optional compressor                include the agency name and Case
                                                may be manufactured by the petitioner.                  break-in period in its certification                  Number CAC–051 for this proceeding.
                                                JCI may request that DOE extend the                     testing should record this information                Submit electronic comments in
                                                scope of a waiver or an interim waiver                  (including the duration) in the test data             WordPerfect, Microsoft Word, Portable
                                                to include additional basic models                      underlying the certified ratings that are             Document Format (PDF), or text
                                                employing the same technology as the                    required to be maintained under 10 CFR                (American Standard Code for
                                                basic model(s) set forth in the original                429.71. When testing a ducted unit                    Information Interchange (ASCII)) file
                                                petition consistent with 10 CFR                         (except if a heating- only heat pump),                format and avoid the use of special
                                                430.27(g). In addition, DOE notes that                  conduct the A or A2 Test first to                     characters or any form of encryption.
                                                granting of an interim waiver or waiver                 establish the cooling full-load air                   Wherever possible, include the
                                                does not release a petitioner from the                  volume rate. For ducted heat pumps                    electronic signature of the author. DOE
                                                certification requirements set forth at 10              where the heating and cooling full-load               does not accept telefacsimiles (faxes).
                                                CFR 429. See also 10 CFR 430.27(a) and                  air volume rates are different, make the                 Pursuant to 10 CFR 1004.11, any
                                                (i).                                                    first heating mode test one that requires             person submitting information that he
                                                   The interim waiver shall remain in                   the heating full-load air volume rate. For            or she believes to be confidential and
                                                effect consistent with the provisions of                ducted heating-only heat pumps,                       exempt by law from public disclosure
                                                10 CFR 430.27(h) and (l). Furthermore,                  conduct the H1 or H12 Test first to                   should submit two copies to DOE: One
                                                this interim waiver is conditioned upon                 establish the heating full-load air                   copy of the document marked
                                                the presumed validity of statements,                    volume rate. When conducting a cyclic                 ‘‘confidential’’ with all of the
                                                representations, and documents                          test, always conduct it immediately after             information believed to be confidential
                                                provided by the petitioner. DOE may                     the steady-state test that requires the               included, and one copy of the document
                                                rescind or modify a waiver or interim                   same test conditions. For variable-speed              marked ‘‘non-confidential’’ with all of
                                                waiver at any time upon a                               systems, the first test using the cooling             the information believed to be
                                                determination that the factual basis                    minimum air volume rate should                        confidential deleted. DOE will make its
                                                underlying the petition for waiver or                   precede the EV Test, and the first test               own determination about the
                                                interim waiver is incorrect, or upon a                  using the heating minimum air volume                  confidential status of the information
                                                determination that the results from the                 rate must precede the H2V Test. The test              and treat it according to its
                                                alternate test procedure are                            laboratory makes all other decisions on               determination.
                                                unrepresentative of the basic model’s                   the test sequence.
                                                true energy consumption characteristics.                                                                        Issued in Washington, DC, on September
                                                                                                        V. Summary and Request for Comments                   13, 2017.
                                                See 10 CFR 430.27(k).
                                                                                                           Through this notice, DOE announces                 Kathleen B. Hogan,
                                                IV. Alternate Test Procedure                            receipt of JCI’s petition for waiver from             Deputy Assistant Secretary for Energy
                                                   EPCA requires that manufacturers use                 the DOE test procedure for certain CAC                Efficiency, Energy Efficiency and Renewable
                                                DOE test procedures to make                             and HP basic models and grants JCI an                 Energy.
                                                representations about the energy                        interim waiver from the test procedure                Johnson Controls, Inc.
                                                consumption and energy consumption                      for the specified basic models that use               3110 N. Mead St.
                                                costs of products covered by the statute.               variable- speed, oil-injected scroll                  Wichita, KS 67219
                                                                                                                                                              Tel 316–239–2925 Fax 316–832–6598
                                                (42 U.S.C. 6293(c)) Consistent                          compressors (VSS systems). DOE is
                                                representations are important for                       publishing JCI’s petition for waiver in               May 17, 2017
                                                manufacturers to use in making                          its entirety, pursuant to 10 CFR                      VIA EMAIL: AS_Waiver_Requests@
                                                representations about the energy                        439.27(b)(1)(iv). The petition contains                    ee.doe.gov
                                                efficiency of their products and to                     no confidential information. The                      Ashley Armstrong
                                                demonstrate compliance with                             petition includes a suggested alternate               Building Technologies Program
                                                applicable DOE energy conservation                      test procedure, as specified in section IV            Office of Energy Efficiency and Renewable
                                                standards. Pursuant to its regulations                  of this notice, to determine the energy                    Energy
                                                                                                                                                              U.S. Department of Energy
                                                applicable to waivers and interim                       consumption of JCI’s specified CAC and
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                                                                                                                                                              Mailstop EE–5B
                                                waivers from applicable test procedures                 HP models. DOE may consider                           1000 Independence Avenue SW.
                                                at 10 CFR 430.27, DOE will consider                     including this alternate procedure in a               Washington, DC 20585–0121
                                                setting an alternate test procedure for                 subsequent Decision and Order.                        RE: Petition for Waiver and Interim Waiver
                                                JCI in a subsequent Decision and Order.                    DOE solicits comments from                              of 20 Hour Break-In Period Limit for
                                                   In its petition, JCI proposes that the               interested parties on all aspects of the                   Certain JCI Central Air Conditioners and
                                                basic models listed in the petition be                  petition, including the suggested                          Heat Pumps With Variable Speed
                                                tested according to the test procedure                  alternate test procedure. More                             Compressors



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                                                                         Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices                                                     43955

                                                  Dear Ms. Armstrong: Pursuant to 10 CFR                employees located around the globe. Our               friction when they contact each other, which
                                                430.27, Johnson Controls, Inc. (JCI)                    employees provide intelligent buildings,              decreases efficiency, and the seals between
                                                respectfully submits this petition for waiver,          energy efficient solutions and integrated             chambers that compress or expand the
                                                and request for interim waiver,1 of the                 infrastructure to optimize energy efficiency          refrigerant may have greater leakage between
                                                requirement in Section 3.1.7 of the test                and to create the smart buildings and                 the chambers, which reduces efficiency. Oil
                                                procedure for central air conditioners (CAC)            communities of the future. Through its
                                                                                                                                                              injection technology improves system
                                                and heat pumps (HP) found at Appendix M                 Unitary Product Group division, JCI
                                                                                                        manufactures and sells central air                    efficiency, but the oil in the scroll elements
                                                to Subpart B of 10 CFR part 430 that limits
                                                an optional compressor ‘‘break-in’’ period to           conditioner and heat pump systems for                 prolongs the time required for this initial
                                                a maximum of 20 hours before testing under              residential use, including high efficiency            wear, which is needed to achieve nominal
                                                Appendix M (the ‘‘20 Hour Break-In Limit’’).2           variable speed systems. These products are            efficiency.
                                                Specifically, JCI seeks waiver of the 20 Hour           manufactured in the United States, in                    Section 3.1.7 of Appendix M to 10 CFR
                                                Break-In Limit for its central air conditioner          Wichita, Kansas.                                      part 430, Subpart B provides that
                                                and heat pumps with variable speed systems                                                                    ‘‘[m]anufacturers may optionally operate the
                                                that use oil-injected scroll compressors (VSS           II. Background
                                                                                                                                                              equipment under test for a ‘‘break-in’’ period,
                                                systems), because testing these systems with               A ‘‘break-in’’ period contemplates the             not to exceed 20 hours,’’ provided that the
                                                only a 20-hour break-in period produces                 running of equipment for a period of time             manufacturer reports the break-in period
                                                results unrepresentative of their true energy           before beginning of an efficiency test.4 DOE          used in any certification to DOE.6
                                                consumption characteristics, and would                  has found that a ‘‘break-in period is
                                                provide materially inaccurate comparative               particularly important for scroll compressors,        III. Basic Models for Which Waiver Is
                                                data.3 As explained below, JCI requests that            which may be less efficient when first started        Requested
                                                in lieu of the 20 Hour Break-In Limit, it be            and may require time to warm up to achieve
                                                                                                                                                                 JCI requests a waiver from the 20 Hour
                                                permitted to test its VSS systems with a 72-            optimal performance. Once the compressor is
                                                                                                        broken in, the performance should be more             Break-In Limit for its split-system CAC and
                                                hour break-in period.
                                                                                                        representative of the actual field                    HP basic models that use variable speed
                                                I. Johnson Controls, Inc.                               performance.’’ 5 Break-in allows ‘‘mating’’           scroll compressors with an oil-injection
                                                   Johnson Controls, Inc. is a diversified              parts to wear against each other, which               system. Specifically, JCI requests waiver for
                                                equipment and technology company with its               results in reduced friction and leakage. Until        all basic models that include the following
                                                operational headquarters in Milwaukee,                  this initial wear has occurred, the moving            outdoor unit models in combinations, listed
                                                Wisconsin and approximately 140,000                     parts in the compressor generate greater              by brand name:




                                                   The variable speed scroll compressors used              JCI’s VSS systems require significantly            hours of break-in—the maximum currently
                                                in these systems are optimized for high-                more than 20 hours of break-in to reach               permitted under Appendix M.9 JCI then ran
                                                efficiency residential air conditioner and heat         design efficiency, which is the level of              the same performance tests on the same units
                                                pump systems in the 2-ton to 5-ton range.               efficiency that is representative of system           after longer break-in periods, of 44, 68, and
                                                                                                        performance over the lifetime of the VSS              92 hours. JCI’s testing shows that for the
                                                IV. Grounds for Test Procedure Waiver                   system, and would be more appropriately               tested products, measured efficiency
                                                  DOE’s regulations provide for granting of a           tested with a break-in period of 72 hours.            increased significantly with break-in periods
                                                test procedure waiver where testing of a basic          DOE established the 20 hour Break-in Limit            longer than 20 hours. As is shown in the
                                                model under the prescribed test procedures              to reduce test variability,8 but because              following sections, the Ev, B1, and F1 tests
                                                would ‘‘evaluate the basic model in a manner            variable speed compressors with oil injection         show substantial gains in efficiency with
                                                                                                        do not completely wear in within 20 hours,            longer break-in periods.
                                                so unrepresentative of its true energy . . .
                                                                                                        performance variability for VSS systems                  Table 1 below shows testing data for a 3-
                                                consumption characteristics as to provide
                                                                                                        actually increases when break-in is limited to        ton air conditioning unit with a variable
                                                materially inaccurate comparative data.’’ 7 JCI         20 hours. As explained below, JCI conducted           speed scroll compressor with oil injection
                                                seeks a waiver from the 20 Hour Break-In                testing demonstrating that a 20-hour break-in         tested after 20 hours of break-in. The unit
                                                Limit for its VSS systems because limiting              period does not allow for sufficient break-in         was started at A2 conditions and
                                                the optional break-in period to 20 hours                for its VSS systems to reach representative           instrumentation was verified before starting
                                                results in testing that provides materially             efficiency, but that a 72- hour break-in period       the A2 test with 20 hours of accumulated
                                                inaccurate data unrepresentative of the true            does.                                                 compressor run time. Completion of the A2
                                                energy efficiency characteristics of these                 JCI conducted baseline VSS system                  test was followed by the B2, B1, Ev, and F1
                                                systems.                                                performance tests under Appendix M after 20           tests.
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                                                  1 This petition for waiver and request for interim      4 Energy Conservation Standards and Test              7 10 CFR 430.27(a)(1).
                                                waiver is a substitute for that originally submitted    Procedures for Commercial Heating, Air-                 8 Final Rule at 1445 (‘‘[T]he establishment of the
                                                by Johnson Controls, Inc. on May 2, 2017 on the         Conditioning, and Water- Heating Equipment,           20-hour limit is to maintain test repeatability among
                                                same break-in period issue.                             Proposed Rule, 77 FR 2355, 2374 (Jan. 17, 2012).
                                                                                                          5 Id.
                                                                                                                                                              labs regardless of who conducts the test.’’)
                                                  2 Section 3.1.7 of Appendix M to Subpart B of 10                                                              9 These test results are representative of the break-
                                                                                                          6 Section 3.1.7 of Appendix M to Subpart B of 10
                                                CFR part 430.                                                                                                 in characteristics of all models for which JCI seeks
                                                                                                        CFR part 430 (as revised by DOE in the June 2016
                                                  3 10 CFR 430.27(a)(1).                                                                                      waiver here.
                                                                                                                                                                                                                        EN20SE17.001</GPH>




                                                                                                        Final Rule).



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                                                43956                                   Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices

                                                  JCI then operated the test system for an                                 increased break-in period improved                                           additional 24 hour period of break in. The
                                                additional 24 hours, for a total compressor                                performance. The results in Table 1 show the                                 most substantial gain was found in the EV,
                                                run time of 44 hours, to determine if an                                   calculated SEER improved by 0.77 with this                                   B1 and F1 tests.

                                                                                    I. TABLE 1—3-TON AC SYSTEM TESTING, WITH 20 HOUR BREAK-IN AND 44 HOUR BREAK-IN
                                                                                     Calorimeter 20 hr break-in compressor                                                                       Increased break-in run 24 hours

                                                                                      ID                                                                                                       ID
                                                           Test                                Watts        EER          CFM        Static    ID watts               Test                                  Watts       EER       CFM      Static    ID watts
                                                                                    capacity                                                                                                 capacity

                                                A2   ............................      35719    2597.1        13.75        1160        0.24      199.5   A2   ............................      35751       2545.7      14.04      1159      0.23      190.3
                                                B2   ............................      38054    2243.1        16.96        1162        0.24      198.4   B2   ............................      37779       2213.8      17.07      1156      0.24      191.6
                                                Ev   ............................      19235    1074.4        17.90         708        0.16       71.6   Ev   ............................      19187       1032.3      18.59       707      0.15       67.5
                                                B1   ............................      10287     544.6        18.89         428        0.26       55.4   B1   ............................      10276        547.3      18.78       420      0.20       46.2
                                                F1   ............................      11112     348.4        31.89         420        0.24       51.6   F1   ............................      11156        324.8      34.34       428      0.22       49.3
                                                                                                 SEER         19.30                                           ............................                   SEER       20.07




                                                  JCI then operated the test system for two                                As shown in Table 2, the performance data                                    improvement in SEER across both tests.
                                                more 24-hour break-in periods and collected                                from both samples shows improvement after                                    Sample 1 improved from a SEER of 19.30 to
                                                system performance data after each break-in                                the first two additional 24-hour break-in                                    20.46 and sample 2 improved from a SEER
                                                period. A second system was also installed                                 periods, tapering off in the third 24-hour                                   of 18.97 to 20.70. This average gain of more
                                                into a psychrometric test cell and tested after                            break-in period. With an additional 48 hours                                 than 1.0 SEER is significant in the current
                                                the same intervals of compressor run time.                                 of break-in, there is an average of 7.5%                                     marketplace.

                                                                                       II. TABLE 2—3-TON AC SYSTEM PERFORMANCE WITH INCREASING BREAK-IN PERIODS
                                                                                                  Sample 1                                                                                                   Sample 2

                                                                            Test                         20 hr         44 hr       68 hr      92 hr                                   Test                           20 hr      44 hr     68 hr      92 hr

                                                A2 .............................................          13.75         14.04      13.98       14.03     A2 .............................................            13.14      13.73     13.83      13.88
                                                B2 .............................................          16.96         17.07      17.13       17.22     B2 .............................................            16.21      16.91     16.91      17.08
                                                Ev .............................................          17.90         18.59      19.04       20.16     Ev .............................................            17.52      19.01     19.32      19.34
                                                B1 .............................................          18.89         18.78      20.52       22.73     B1 .............................................            17.75      22.10     21.45      21.58
                                                F1 .............................................          31.89         34.34      34.86       36.06     F1 .............................................            32.92      37.77     35.92      35.83
                                                SEER ........................................             19.30         20.07      20.46       21.41     SEER ........................................               18.97      20.59     20.70      20.73



                                                  Additional unit sizes were tested using the                              shown in Tables 3 and 4 below, results from                                  pattern—increased efficiency with longer
                                                same procedure as described above. As                                      those additional tests show the same                                         break-in periods beyond 20 hours.

                                                                                       III. TABLE 3—4-TON AC SYSTEM PERFORMANCE WITH INCREASING BREAK-IN PERIODS
                                                                                                  Sample 1                                                                                                   Sample 2

                                                                            Test                         20 hr         44 hr       68 hr      92 hr                                   Test                           20 hr      44 hr     68 hr      92 hr

                                                A2 .............................................          13.03         13.35      13.42       13.47     A2 .............................................            13.31      13.60     13.26      13.52
                                                B2 .............................................          15.93         16.21      16.43       16.45     B2 .............................................            16.39      16.65     16.54      16.96
                                                Ev .............................................          18.60         19.08      19.11       19.30     Ev .............................................            19.55      18.91     19.32      19.81
                                                B1 .............................................          19.96         21.04      21.50       21.28     B1 .............................................            21.41      19.43     20.30      21.90
                                                F1 .............................................          36.87         37.63      38.56       36.95     F1 .............................................            35.50      37.16     36.06      38.52
                                                SEER ........................................             20.07         20.54      20.67       20.67     SEER ........................................               20.76      20.46     20.64      21.29


                                                                                         TABLE 4—5-TON AC SYSTEM PERFORMANCE WITH INCREASING BREAK-IN PERIODS
                                                                                                  Sample 1                                                                                                   Sample 2

                                                                            Test                         20 hr         44 hr       68 hr      92 hr                                   Test                           20 hr      44 hr     68 hr      92 hr

                                                A2 .............................................          13.12         13.18      13.20       13.27     A2 .............................................            13.03      13.24     13.23      13.23
                                                B2 .............................................          16.05         16.08      16.18       16.30     B2 .............................................            15.81      16.04     15.90      16.24
                                                Ev .............................................          19.23         19.51      19.68       19.65     Ev .............................................            19.07      19.48     19.49      19.95
                                                B1 .............................................          22.15         23.20      23.80       24.02     B1 .............................................            22.19      23.12     23.05      23.96
                                                F1 .............................................          36.94         38.00      38.28       37.45     F1 .............................................            35.55      37.50     37.96      38.93
                                                SEER ........................................             20.67         21.05      21.22       21.18     SEER ........................................               20.45      20.98     21.02      21.52
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                                                  In evaluating this test data, JCI determined                             the decrease in compressor watts compared                                    significant at the Ev, B1 and F1 test
                                                that the increase in system efficiency and                                 to the 20-hour baseline compressor for 3-ton                                 conditions.
                                                reduced test variability that occurs with the                              and 5-ton AC systems. For both systems,
                                                lengthier break-in periods was principally                                 results show a consistent reduction in watts
                                                due to a reduction in required compressor                                  consumed as the break-in time of the
                                                power during the test. Figures 5 and 6 show                                compressor is increased. This is most



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                                                                        Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices                                                  43957

                                                IV. Figure 5: Decrease in Compressor Watts              3.1.7 Test Sequence                                    operate over the lifetime of the product than
                                                (3 Ton AC) With 3 Additional 24-Hour                      Manufacturers may optionally operate the             those results obtained under the current 20
                                                Break-In Periods, Relative to 20-Hour Break-            equipment under test for a ‘‘break-in’’ period,        hour break-in period limit.
                                                In Baseline                                             not to exceed 2072 hours, prior to conducting            Competitive Disadvantage. If JCI must
                                                  See the following Web site for figure 5:              the test method specified in this section. A           continue to comply with the 20 Hour Break-
                                                https://www.regulations.gov/docket?D=EERE-              manufacturer who elects to use this optional           In Limit for its VSS systems, these systems
                                                2017-BT-WAV-0037.                                       compressor break-in period in its                      will be disadvantaged in the market relative
                                                                                                        certification testing should record this               to other types central air conditioners and
                                                Figure 6: Decrease in Compressor Watts (5               information (including the duration) in the            heat pumps for which a break-in period of 20
                                                Ton AC) With 3 Additional 24-Hour Break-                test data underlying the certified ratings that        hours or less products results representative
                                                In Periods, Relative to 20-Hour Break-In                are required to be maintained under 10 CFR             of actual operating efficiency. As shown
                                                Baseline                                                                                                       above, the impact of the 20 Hour Break-In
                                                                                                        429.71. When testing a ducted unit (except if
                                                   See the following Web site for figure 6:                                                                    Limit on ratings is significant—it can reduce
                                                                                                        a heating- only heat pump), conduct the A or
                                                https://www.regulations.gov/docket?D=EERE-                                                                     ratings by 1 to 2 SEER. The effects of such
                                                                                                        A2 Test first to establish the cooling full-load air
                                                2017-BT-WAV-0037.                                                                                              depressed ratings in the market can be
                                                                                                        volume rate. For ducted heat pumps where
                                                   These test results show that a VSS system                                                                   significant.
                                                                                                        the heating and cooling full-load air volume
                                                is not fully broken in at 20 hours, and that                                                                     Public Policy Reasons to Grant Interim
                                                                                                        rates are different, make the first heating
                                                rating such a system with only 20-hour                                                                         Waiver. Without an interim waiver,
                                                                                                        mode test one that requires the heating full-
                                                break-in period can understate a system’s                                                                      consumers will continue to be exposed to
                                                                                                        load air volume rate. For ducted heating-only
                                                SEER rating performance by 1 to 2 SEER (or                                                                     materially inaccurate information about the
                                                                                                        heat pumps, conduct the H1 or H12 Test first           energy consumption characteristics of JCI’s
                                                approximately 5% to 10%). Because the 20                to establish the heating full-load air volume
                                                Hour Break-In Limit does not allow sufficient                                                                  VSS systems. This inaccurate information
                                                                                                        rate. When conducting a cyclic test, always            harms consumers (especially those seeking to
                                                time for full break-in of VSS systems, the              conduct it immediately after the steady-state
                                                efficiency rating of a VSS system measured                                                                     evaluate very high efficiency CAC/HP
                                                                                                        test that requires the same test conditions.           products) and distorts markets. Further,
                                                under Appendix M falls below the actual                 For variable-speed systems, the first test
                                                efficiency level at which the system will                                                                      underrating high efficiency products is
                                                                                                        using the cooling minimum air volume rate              inconsistent with the policy objectives of
                                                operate for the great majority of its time in           should precede the EV Test, and the first test
                                                service. JCI is thus unable to represent, on the                                                               EPCA.
                                                                                                        using the heating minimum air volume rate                For all of these reasons, the Department
                                                basis of Appendix M testing, the full                   must precede the H2V Test. The test
                                                efficiency at which its VSS systems will                                                                       should grant an interim waiver while it
                                                                                                        laboratory makes all other decisions on the            considers the petition for waiver set out
                                                operate. To achieve a particular efficiency             test sequence.
                                                rating under the Appendix M test method,                                                                       above.
                                                                                                          Thus, the only change would be to modify
                                                JCI is forced to overdesign its VSS systems             the maximum length of the optional break-in            IV. Conclusion
                                                to meet an even higher target efficiency rating         period for JCI’s VSS systems. As required by             For the reasons stated above, JCI
                                                after full break-in. In short, the 20 Hour              Appendix M, JCI would report the break-in              respectfully requests that DOE grant this
                                                Break-In Limit in Appendix M results in the             period used in its product compliance                  petition for waiver of the 20 Hour Break-In
                                                underrating of JCI’s VCC systems, and thus              certifications.                                        Limit with respect to its VSS systems. JCI
                                                produces materially inaccurate data about the
                                                                                                        II. Similar Products                                   further requests DOE to grant its request for
                                                efficiency of VSS systems for comparison
                                                                                                                                                               an interim waiver while its petition for
                                                purposes, leaving homeowners without the                   JCI is aware of the following manufacturers         waiver is under consideration.
                                                information needed to objectively evaluate              of residential central air conditioners and              If you have any questions or would like to
                                                the benefits of such systems.                           heat pumps that offer VSS systems using                discuss this request, please contact me at
                                                   This underrating under Appendix M for                scroll compressors with oil injection: Carrier         (316) 832–6393, Chris Ware at (414) 524–
                                                JCI’s VSS systems has significant                       Corporation, Daikin Industries, Goodman                5443, or Doug Smith of Van Ness Feldman,
                                                consequences in the marketplace. Because of             Manufacturing Co. LP, Lennox International             LLP at (202) 298–1902. We greatly appreciate
                                                underrating due to the 20 Hour Break-In                 Inc., Nortek Global HVAC, Rheem Sales                  your attention to this matter.
                                                Limit, the full efficiency advantage of JCI’s           Company, and Trane.
                                                VSS systems will not be apparent versus                                                                        Sincerely,
                                                lower-efficiency full stage compressor                  III. Petition for Interim Waiver                       Steve Tice,
                                                products, for which the 20 Hour Break-In                   Pursuant to 10 CFR 430.27, JCI also                 UPG Vice-President, Engineering Unitary
                                                Limit does not bias results. Consumers for              requests an interim waiver of the 20 Hour              Products, Johnson Controls, Inc.
                                                whom central air conditioner measured                   Break-In Limit for the JCI VSS systems. DOE            steven.a.tice@jci.com.
                                                efficiency is an important factor will be               will grant an interim waiver if it appears             Cc: Johanna Jochum, Office of the General
                                                misled about the merits of VSS systems on               likely that the petition for waiver will be            Counsel
                                                the basis of measured efficiency under                  granted and/or if DOE determines that it
                                                Appendix M. Although the JCI models at                                                                         [FR Doc. 2017–20032 Filed 9–19–17; 8:45 am]
                                                                                                        would be desirable for public policy reasons
                                                issue are very efficient, and perform well                                                                     BILLING CODE 6450–01–P
                                                                                                        to grant immediate relief pending a
                                                above the applicable minimum efficiency
                                                                                                        determination on the petition for waiver.10
                                                standards, accurate ratings for high efficiency
                                                                                                        Interim relief is important to ensure that JCI
                                                products such as these are important for                                                                       DEPARTMENT OF ENERGY
                                                purposes of, for instance, determining                  can make materially accurate representations
                                                eligibility for Energy Star, utility rebates, tax       about the energy efficiency of its VSS
                                                                                                        systems in its certifications to DOE and               Federal Energy Regulatory
                                                credits, and green building recognition.
                                                                                                        marketing materials while DOE is                       Commission
                                                I. Alternative Test Procedures                          considering the merits of JCI’s petition for
                                                   DOE’s Appendix M test procedure, as                  waiver.                                                Combined Notice of Filings
                                                currently promulgated but with the option of               Likely Success of the Petition for Waiver.
                                                                                                        For the reasons outlined above, JCI believes             Take notice that the Commission has
                                                an extended, 72-hour break-in period,                                                                          received the following Natural Gas
                                                constitutes the appropriate alternate test              that there are strong arguments for granting
sradovich on DSKBBY8HB2PROD with NOTICES




                                                procedure that will evaluate the performance            the petition for waiver on the merits.                 Pipeline Rate and Refund Report filings:
                                                of JCI’s VSS systems in a manner                        Specifically, JCI testing of its VSS systems           Filings Instituting Proceedings
                                                representative of its energy characteristics.           shows that a 72-hour break-in period
                                                Therefore, JCI proposes to test the basic               produces test results that are more                      Docket Numbers: RP17–1029–001.
                                                models for which it seeks waiver by applying            representative of the actual product                     Applicants: Iroquois Gas
                                                the entirety of Appendix M to 10 CFR part               efficiencies at which the VSS systems will             Transmission System, L.P.
                                                430, subpart B, with a single modification to                                                                    Description: Tariff Amendment:
                                                Section 3.1.7, as shown below:                            10 10   CFR 430.27(e)(2).                            09/12/17 Negotiated Rates—Hartree


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Document Created: 2018-10-24 14:21:27
Document Modified: 2018-10-24 14:21:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of petition for waiver, notice of grant an interim waiver, and request for comment.
DatesDOE will accept comments, data, and information with respect to the JCI Petition until October 20, 2017.
ContactMs. Lucy Debutts, U.S. Department of Energy, Building Technologies Program, Mail Stop EE-2J, Forrestal Building, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 287-1604. Email: [email protected]
FR Citation82 FR 43952 

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