83_FR_12792 83 FR 12735 - Notice of Decision and Order Granting a Waiver to Johnson Controls, Inc. From the Department of Energy Central Air Conditioners and Heat Pumps Test Procedure

83 FR 12735 - Notice of Decision and Order Granting a Waiver to Johnson Controls, Inc. From the Department of Energy Central Air Conditioners and Heat Pumps Test Procedure

DEPARTMENT OF ENERGY

Federal Register Volume 83, Issue 57 (March 23, 2018)

Page Range12735-12737
FR Document2018-05941

This notice announces a Decision and Order granting Johnson Controls, Inc. (``JCI'') a waiver from specified portions of the DOE test procedure for determining the efficiency of specified central air conditioners (``CAC'') and heat pump (``HP'') basic models. JCI is required to test and rate the specified CAC and HP basic models in accordance with the alternate test procedure described in the Decision and Order.

Federal Register, Volume 83 Issue 57 (Friday, March 23, 2018)
[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Notices]
[Pages 12735-12737]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05941]


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

DEPARTMENT OF ENERGY

[Case Number CAC-051]


Notice of Decision and Order Granting a Waiver to Johnson 
Controls, Inc. From the Department of Energy Central Air Conditioners 
and Heat Pumps Test Procedure

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

ACTION: Notice of decision and order.

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

SUMMARY: This notice announces a Decision and Order granting Johnson 
Controls, Inc. (``JCI'') a waiver from specified portions of the DOE 
test procedure for determining the efficiency of specified central air 
conditioners (``CAC'') and heat pump (``HP'') basic models. JCI is 
required to test and rate the specified CAC and HP basic models in 
accordance with the alternate test procedure described in the Decision 
and Order.

DATES: The Decision and Order is effective as of March 23, 2018.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Lucy deButts, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 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: On May 2, 2017, JCI originally filed a 
petition for waiver and an application for interim waiver from the 
applicable CAC and HP test procedure set forth in Appendix M and 
subsequently amended its petition once in May and again in June. On 
September 20, 2017, DOE published a notice announcing its receipt of 
the petition for waiver and also granting JCI an interim waiver. 82 FR 
43952. In that notice, DOE also solicited comments from interested 
parties on all aspects of the petition and specified an alternate test 
procedure that must be followed for testing and certifying the specific 
basic models for which JCI requested a waiver. Id.
    On March 23, 2018, DOE publishes this notice announcing a Decision 
and Order regarding JCI's petition. This notice includes a copy of the 
Decision and Order, with information JCI marked as confidential 
business information redacted, DOE issued to JCI.

    Issued in Washington, DC, on March 9, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

Case #CAC-051--Decision and Order

I. Background and Authority

    The Energy Policy and Conservation Act of 1975, as amended 
(``EPCA'' or ``the Act''),\1\ Public Law 94-163 (42 U.S.C. 6291-6317, 
as codified), among other things, authorizes DOE to regulate the energy 
efficiency of a number of consumer products and industrial equipment. 
Title III, Part B \2\ of EPCA established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, a program that 
includes the CACs and HPs which are the subject of this Order. (42 
U.S.C. 6292(a)(3)) Under EPCA, DOE's energy conservation program 
consists essentially of four parts: (1) Testing, (2) labeling, (3) 
Federal energy conservation standards, and (4) certification and 
enforcement procedures.
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through the EPS Improvement Act of 2017, Public Law 115-
115 (January 12, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
---------------------------------------------------------------------------

    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their product complies with the applicable 
energy conservation standards adopted pursuant to EPCA (42 U.S.C. 
6295(s)), and (2) making representations about the efficiency of that 
product (42 U.S.C. 6293(c)). Similarly, DOE must use these test 
procedures to determine whether the product complies with relevant 
standards promulgated under EPCA. (42 U.S.C. 6295(s))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE is required to follow when prescribing or amending test procedures 
for covered products. EPCA requires that test procedures prescribed or 
amended under this section must be reasonably designed to produce test 
results which reflect the energy efficiency, energy use or estimated 
annual operating cost of covered products during a representative 
average use cycle or period of use and requires that test procedures 
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The 
currently applicable CAC and HP test procedure is contained in the Code 
of Federal Regulations (CFR) at 10 CFR part 430, subpart B, appendix M, 
``Uniform Test Method for Measuring the Energy Consumption of Central 
Air Conditioners and Heat Pumps'' (``Appendix M'').
    Under 10 CFR 430.27, any interested person may submit a petition 
for waiver from DOE's test procedure requirements. DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic models for which the waiver was requested contain a 
design characteristic that prevents testing of the basic models 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic models in a manner so 
unrepresentative of their true energy or water consumption 
characteristics as to provide materially inaccurate comparative data. 
10 CFR 430.27(f)(2). DOE may grant the waiver subject to conditions, 
including adherence to alternate test procedures. Id.

II. Petition for Waiver: Assertions and Determinations

    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 Appendix M.\3\ 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

[[Page 12736]]

results unrepresentative of their true energy consumption 
characteristics, and would provide materially inaccurate comparative 
data. JCI requested that in lieu of the 20-hour break-in limit, it be 
permitted to test its VSS systems with a 72-hour break-in period. 
Consequently, JCI seeks a waiver from DOE to permit it 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.
---------------------------------------------------------------------------

    \3\ JCI originally submitted a petition for waiver and 
application for an interim waiver dated May 2, 2017, which was 
superseded by the corrected petition for waiver and application for 
interim waiver dated May 17, 2017. These documents along with 
supporting materials and comments can be reviewed at: https://www.regulations.gov/document?D=EERE-2017-BT-WAV-0037-0001.
---------------------------------------------------------------------------

    JCI submitted data indicating that the VSS system basic models 
specified in the petition have compressors that may require more than 
the 20 hours of break-in time allowed by the DOE test procedure. The 
purpose of the DOE break in period is to represent the wearing process 
that smooths out irregularities in the mating surfaces of the 
compressor. These irregularities can increase friction between mating 
surfaces and/or result in reduced refrigerant mass flow, both of which 
would reduce compressor and in turn, overall product efficiency. The 
majority of the operational life of the compressor occurs after this 
wearing process. Hence, testing after a sufficient break in period is 
more representative of field performance. Based on data submitted on 
the issue and facts presented as a record of DOE's central air 
conditioner and heat pump test procedure rulemaking to date, DOE 
determined that a 20 hour break in period is appropriate for central 
air-conditioners and heat pumps. 77 FR 28928, 28944 (May 16, 2012). 
Specifically, stakeholders commented that a break-in period of 16 to 20 
hours would generally be appropriate for testing of commercial air-
conditioners with capacity less than 65,000 Btu/h. 77 FR 28928, 28943. 
However, in the basic models specified by JCI in its petition, 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 is reduced. The reduction in direct contact slows the 
wearing process that smooths out these irregularities. Thus, the 20-
hour break-in period may not allow for sufficient smoothing of 
irregularities that reduce compressor efficiency and would result in an 
efficiency measurement that is unrepresentative of actual field use. 
Hence a longer break-in period would be appropriate for these products.
    On September 20, 2017, DOE published a notice announcing its 
receipt of the petition for waiver and also granting JCI an interim 
waiver. 82 FR 43952. In that notice DOE also solicited comments from 
interested parties on all aspects of the petition and specified an 
alternate test procedure that must be followed for testing and 
certifying the specific basic models for which JCI requested a waiver. 
Id. Following close of the comment period, DOE received a comment from 
Goodman Global, Inc. (a member of the Daikin Group) that was supportive 
of DOE granting the waiver.\4\ DOE did not receive any other comments 
relevant to this petition.\5\
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    \4\ Goodman's comment can be accessed at: https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0037.
    \5\ One comment was received from a party identified as 
Anonymous regarding air emissions.
---------------------------------------------------------------------------

    Based on the information provided by JCI, DOE has determined that 
the current test procedure at Appendix M would evaluate the specified 
CAC and HP basic models in a manner so unrepresentative of their true 
energy consumption characteristics as to provide materially inaccurate 
comparative data. Therefore, in the Decision and Order, DOE is 
requiring that JCI test and rate the CAC and HP basic models for which 
it has requested a waiver according to the alternate test procedure 
specified in the Decision and Order, which is identical to the 
procedure provided in the interim waiver.
    In its petition JCI sought a test procedure waiver for certain 
models. The Decision and Order is applicable only to the basic models 
listed within it and does not extend to any other basic models.
    Consistent with 10 CFR 430.27(j), not later than 60 days after 
March 23, 2018 any manufacturer currently distributing in commerce in 
the United States products employing a technology or characteristic 
that results in the same need for a waiver from the applicable test 
procedure must submit a petition for waiver.
    Manufacturers not currently distributing such products in commerce 
in the United States must petition for and be granted a waiver prior to 
the distribution in commerce of those products in the United States. 
Manufacturers may also submit a request for interim waiver pursuant to 
the requirements of 10 CFR 430.27.

III. Consultations With Other Agencies

    In accordance with 10 CFR 430.27(f)(2), DOE consulted with the 
Federal Trade Commission (``FTC'') staff concerning JCI's petition for 
waiver. The FTC staff did not have any objections to granting the 
waiver to JCI.

IV. Order

    After careful consideration of all the material that was submitted 
by JCI in this matter, DOE grants a waiver regarding the below 
specified basic models. Therefore, in accordance with 10 CFR 430.27, it 
is ordered that:
    (1) JCI must test and rate the CAC and HP basic models listed in 
paragraph (1)(A) that use the variable-speed, oil-injected scroll 
compressors that are listed in paragraph (1)(B) with the alternate test 
procedure set forth in paragraph (2).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                            Brand
                                    --------------------------------------------------------------------------------------------------------------------
                                              York                   Coleman                Luxaire            Fraser-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 12737]]

    (A) JCI basic models that include all combinations of the following 
outdoor unit models, listed by brand name:
    (B) Variable-speed, oil-injected scroll compressor models that are 
[Redacted] brand products manufactured by [Redacted], listed by model 
number: [Redacted]
    (2) The alternate test procedure for the JCI basic models listed in 
paragraph (1)(A) having one of the compressors listed in paragraph 
(1)(B) is the test procedure for CACs and HPs prescribed by DOE at 10 
CFR part 430, subpart B, appendix M, except that under section 3.1.7 of 
appendix M the break-in period maximum of 20 hours is increased to 72 
hours, reading 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.

    (3) Representations. JCI must make representations about the 
efficiency of the basic models identified in paragraph (1) for 
compliance, marketing, or other purposes only to the extent that the 
basic model has been tested in accordance with the provisions set forth 
above and such representations fairly disclose the results of such 
testing in accordance with 10 CFR part 430, subpart B, appendix M and 
10 CFR 429.16.
    (4) This waiver shall remain in effect consistent with the 
provisions of 10 CFR 430.27.
    (5) This waiver is issued on the condition that the statements, 
representations, and documentation provided by JCI are valid. If JCI 
makes any modifications to the controls or configurations of these 
basic models, the waiver would no longer be valid and JCI would either 
be required to use the current Federal test method or submit a new 
application for a test procedure waiver. DOE may revoke or modify this 
waiver at any time if it determines the factual basis underlying the 
petition for waiver is incorrect, or the results from the alternate 
test procedure are unrepresentative of the basic models' true energy 
consumption characteristics. 10 CFR 430.27(k)(1). Likewise, JCI may 
request that DOE rescind or modify the waiver if JCI discovers an error 
in the information provided to DOE as part of its petition, determines 
that the waiver is no longer needed, or for other appropriate reasons. 
10 CFR 430.27(k)(2).
    (6) Granting of this waiver does not release JCI from the 
certification requirements set forth at 10 CFR part 429.

    Signed in Washington, DC, on March 9, 2018.

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Kathleen B. Hogan,

Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy

[FR Doc. 2018-05941 Filed 3-22-18; 8:45 am]
 BILLING CODE 6450-01-P



                                                                                Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices                                                   12735

                                                                              DOE/FE ORDERS GRANTING IMPORT/EXPORT AUTHORIZATIONS—Continued
                                             4161 ..................        02/28/18      18–18–NG ........    Brookfield Energy            Order 4161 granting blanket authority to import/export natural
                                                                                                                 Marketing LP.                gas from/to Canada.



                                             [FR Doc. 2018–05966 Filed 3–22–18; 8:45 am]                test procedure that must be followed for               required to follow when prescribing or
                                             BILLING CODE 6450–01–P                                     testing and certifying the specific basic              amending test procedures for covered
                                                                                                        models for which JCI requested a                       products. EPCA requires that test
                                                                                                        waiver. Id.                                            procedures prescribed or amended
                                             DEPARTMENT OF ENERGY                                         On March 23, 2018, DOE publishes                     under this section must be reasonably
                                             [Case Number CAC–051]
                                                                                                        this notice announcing a Decision and                  designed to produce test results which
                                                                                                        Order regarding JCI’s petition. This                   reflect the energy efficiency, energy use
                                             Notice of Decision and Order Granting                      notice includes a copy of the Decision                 or estimated annual operating cost of
                                             a Waiver to Johnson Controls, Inc.                         and Order, with information JCI marked                 covered products during a
                                             From the Department of Energy                              as confidential business information                   representative average use cycle or
                                             Central Air Conditioners and Heat                          redacted, DOE issued to JCI.                           period of use and requires that test
                                             Pumps Test Procedure                                         Issued in Washington, DC, on March 9,                procedures not be unduly burdensome
                                                                                                        2018.                                                  to conduct. (42 U.S.C. 6293(b)(3)) The
                                             AGENCY: Office of Energy Efficiency and                                                                           currently applicable CAC and HP test
                                                                                                        Kathleen B. Hogan,
                                             Renewable Energy, Department of                                                                                   procedure is contained in the Code of
                                                                                                        Deputy Assistant Secretary for Energy
                                             Energy.                                                                                                           Federal Regulations (CFR) at 10 CFR
                                                                                                        Efficiency, Energy Efficiency and Renewable
                                             ACTION: Notice of decision and order.                      Energy.                                                part 430, subpart B, appendix M,
                                                                                                                                                               ‘‘Uniform Test Method for Measuring
                                             SUMMARY:   This notice announces a                         Case #CAC–051—Decision and Order                       the Energy Consumption of Central Air
                                             Decision and Order granting Johnson                        I. Background and Authority                            Conditioners and Heat Pumps’’
                                             Controls, Inc. (‘‘JCI’’) a waiver from                                                                            (‘‘Appendix M’’).
                                             specified portions of the DOE test                            The Energy Policy and Conservation
                                                                                                                                                                  Under 10 CFR 430.27, any interested
                                             procedure for determining the efficiency                   Act of 1975, as amended (‘‘EPCA’’ or
                                                                                                                                                               person may submit a petition for waiver
                                             of specified central air conditioners                      ‘‘the Act’’),1 Public Law 94–163 (42
                                                                                                                                                               from DOE’s test procedure
                                             (‘‘CAC’’) and heat pump (‘‘HP’’) basic                     U.S.C. 6291–6317, as codified), among
                                                                                                                                                               requirements. DOE will grant a waiver
                                             models. JCI is required to test and rate                   other things, authorizes DOE to regulate
                                                                                                                                                               from the test procedure requirements if
                                             the specified CAC and HP basic models                      the energy efficiency of a number of
                                                                                                                                                               DOE determines either that the basic
                                             in accordance with the alternate test                      consumer products and industrial
                                                                                                                                                               models for which the waiver was
                                             procedure described in the Decision and                    equipment. Title III, Part B 2 of EPCA
                                                                                                                                                               requested contain a design characteristic
                                             Order.                                                     established the Energy Conservation
                                                                                                                                                               that prevents testing of the basic models
                                                                                                        Program for Consumer Products Other
                                             DATES: The Decision and Order is                                                                                  according to the prescribed test
                                                                                                        Than Automobiles, a program that
                                             effective as of March 23, 2018.                                                                                   procedures, or that the prescribed test
                                                                                                        includes the CACs and HPs which are
                                             FOR FURTHER INFORMATION CONTACT:                                                                                  procedures evaluate the basic models in
                                                                                                        the subject of this Order. (42 U.S.C.
                                                Ms. Lucy deButts, U.S. Department of                                                                           a manner so unrepresentative of their
                                                                                                        6292(a)(3)) Under EPCA, DOE’s energy
                                             Energy, Office of Energy Efficiency and                                                                           true energy or water consumption
                                                                                                        conservation program consists
                                             Renewable Energy, Building                                                                                        characteristics as to provide materially
                                                                                                        essentially of four parts: (1) Testing, (2)
                                             Technologies Office, EE–5B, 1000                                                                                  inaccurate comparative data. 10 CFR
                                                                                                        labeling, (3) Federal energy conservation
                                             Independence Avenue SW, Washington,                                                                               430.27(f)(2). DOE may grant the waiver
                                                                                                        standards, and (4) certification and
                                             DC 20585–0121. Telephone: (202) 287–                                                                              subject to conditions, including
                                                                                                        enforcement procedures.
                                             1604. Email: AS_Waiver_Requests@                              The Federal testing requirements                    adherence to alternate test procedures.
                                             ee.doe.gov.                                                consist of test procedures that                        Id.
                                                Mr. Pete Cochran, U.S. Department of                    manufacturers of covered products must                 II. Petition for Waiver: Assertions and
                                             Energy, Office of the General Counsel,                     use as the basis for: (1) Certifying to                Determinations
                                             Mail Stop GC–33, Forrestal Building,                       DOE that their product complies with
                                             1000 Independence Avenue SW,                                                                                         On May 17, 2017, JCI filed a petition
                                                                                                        the applicable energy conservation                     for waiver and an application for
                                             Washington, DC 20585–0103.                                 standards adopted pursuant to EPCA (42
                                             Telephone: (202) 586–9496. Email:                                                                                 interim waiver from the applicable CAC
                                                                                                        U.S.C. 6295(s)), and (2) making                        and HP test procedure set forth in
                                             Peter.Cochran@hq.doe.gov.                                  representations about the efficiency of                Appendix M.3 On June 2, 2017, JCI
                                             SUPPLEMENTARY INFORMATION: On May 2,                       that product (42 U.S.C. 6293(c)).                      supplemented its petition with
                                             2017, JCI originally filed a petition for                  Similarly, DOE must use these test                     additional information. According to
                                             waiver and an application for interim                      procedures to determine whether the                    JCI, testing its CAC and HP basic models
                                             waiver from the applicable CAC and HP                      product complies with relevant                         that use variable-speed, oil-injected
                                             test procedure set forth in Appendix M                     standards promulgated under EPCA. (42                  scroll compressors (VSS systems) with
                                             and subsequently amended its petition                      U.S.C. 6295(s))                                        only a 20-hour break-in period produces
                                             once in May and again in June. On                             Under 42 U.S.C. 6293, EPCA sets forth
amozie on DSK30RV082PROD with NOTICES




                                             September 20, 2017, DOE published a                        the criteria and procedures DOE is                       3 JCI originally submitted a petition for waiver
                                             notice announcing its receipt of the                                                                              and application for an interim waiver dated May 2,
                                             petition for waiver and also granting JCI                     1 All references to EPCA in this document refer
                                                                                                                                                               2017, which was superseded by the corrected
                                             an interim waiver. 82 FR 43952. In that                    to the statute as amended through the EPS              petition for waiver and application for interim
                                                                                                        Improvement Act of 2017, Public Law 115–115            waiver dated May 17, 2017. These documents along
                                             notice, DOE also solicited comments                        (January 12, 2018).                                    with supporting materials and comments can be
                                             from interested parties on all aspects of                     2 For editorial reasons, upon codification in the   reviewed at: https://www.regulations.gov/
                                             the petition and specified an alternate                    U.S. Code, Part B was redesignated as Part A.          document?D=EERE-2017-BT-WAV-0037-0001.



                                        VerDate Sep<11>2014      21:54 Mar 22, 2018   Jkt 244001   PO 00000   Frm 00022   Fmt 4703   Sfmt 4703   E:\FR\FM\23MRN1.SGM   23MRN1


                                             12736                                    Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices

                                             results unrepresentative of their true                                  between mating surfaces of the scroll.                       procedure specified in the Decision and
                                             energy consumption characteristics, and                                 This is presumably its purpose, i.e., to                     Order, which is identical to the
                                             would provide materially inaccurate                                     provide additional sealing in the gaps of                    procedure provided in the interim
                                             comparative data. JCI requested that in                                 the mating surfaces to improve                               waiver.
                                             lieu of the 20-hour break-in limit, it be                               compressor volumetric efficiency                                In its petition JCI sought a test
                                             permitted to test its VSS systems with                                  (relationship between displacement rate                      procedure waiver for certain models.
                                             a 72-hour break-in period.                                              and volume flow rate of refrigerant                          The Decision and Order is applicable
                                             Consequently, JCI seeks a waiver from                                   drawn into the compressor). By                               only to the basic models listed within it
                                             DOE to permit it to use an alternate test                               enhancing this oil layer, the direct                         and does not extend to any other basic
                                             procedure to test and rate specific CAC                                 contact between irregularities in the                        models.
                                             and HP basic models, which increases                                    surfaces is reduced. The reduction in                           Consistent with 10 CFR 430.27(j), not
                                             the break-in time limit stipulated in                                   direct contact slows the wearing process                     later than 60 days after March 23, 2018
                                             section 3.1.7 of Appendix M.                                            that smooths out these irregularities.                       any manufacturer currently distributing
                                                                                                                     Thus, the 20-hour break-in period may                        in commerce in the United States
                                                JCI submitted data indicating that the
                                                                                                                     not allow for sufficient smoothing of                        products employing a technology or
                                             VSS system basic models specified in
                                                                                                                     irregularities that reduce compressor                        characteristic that results in the same
                                             the petition have compressors that may
                                                                                                                     efficiency and would result in an                            need for a waiver from the applicable
                                             require more than the 20 hours of break-
                                                                                                                     efficiency measurement that is                               test procedure must submit a petition
                                             in time allowed by the DOE test
                                                                                                                     unrepresentative of actual field use.                        for waiver.
                                             procedure. The purpose of the DOE                                       Hence a longer break-in period would
                                             break in period is to represent the                                                                                                     Manufacturers not currently
                                                                                                                     be appropriate for these products.
                                             wearing process that smooths out                                           On September 20, 2017, DOE                                distributing such products in commerce
                                             irregularities in the mating surfaces of                                published a notice announcing its                            in the United States must petition for
                                             the compressor. These irregularities can                                receipt of the petition for waiver and                       and be granted a waiver prior to the
                                             increase friction between mating                                        also granting JCI an interim waiver. 82                      distribution in commerce of those
                                             surfaces and/or result in reduced                                       FR 43952. In that notice DOE also                            products in the United States.
                                             refrigerant mass flow, both of which                                    solicited comments from interested                           Manufacturers may also submit a
                                             would reduce compressor and in turn,                                    parties on all aspects of the petition and                   request for interim waiver pursuant to
                                             overall product efficiency. The majority                                specified an alternate test procedure                        the requirements of 10 CFR 430.27.
                                             of the operational life of the compressor                               that must be followed for testing and                        III. Consultations With Other Agencies
                                             occurs after this wearing process.                                      certifying the specific basic models for
                                             Hence, testing after a sufficient break in                              which JCI requested a waiver. Id.                              In accordance with 10 CFR
                                             period is more representative of field                                  Following close of the comment period,                       430.27(f)(2), DOE consulted with the
                                             performance. Based on data submitted                                    DOE received a comment from                                  Federal Trade Commission (‘‘FTC’’) staff
                                             on the issue and facts presented as a                                   Goodman Global, Inc. (a member of the                        concerning JCI’s petition for waiver. The
                                             record of DOE’s central air conditioner                                 Daikin Group) that was supportive of                         FTC staff did not have any objections to
                                             and heat pump test procedure                                            DOE granting the waiver.4 DOE did not                        granting the waiver to JCI.
                                             rulemaking to date, DOE determined                                      receive any other comments relevant to                       IV. Order
                                             that a 20 hour break in period is                                       this petition.5
                                             appropriate for central air-conditioners                                   Based on the information provided by                         After careful consideration of all the
                                             and heat pumps. 77 FR 28928, 28944                                      JCI, DOE has determined that the                             material that was submitted by JCI in
                                             (May 16, 2012). Specifically,                                           current test procedure at Appendix M                         this matter, DOE grants a waiver
                                             stakeholders commented that a break-in                                  would evaluate the specified CAC and                         regarding the below specified basic
                                             period of 16 to 20 hours would                                          HP basic models in a manner so                               models. Therefore, in accordance with
                                             generally be appropriate for testing of                                 unrepresentative of their true energy                        10 CFR 430.27, it is ordered that:
                                             commercial air-conditioners with                                        consumption characteristics as to                               (1) JCI must test and rate the CAC and
                                             capacity less than 65,000 Btu/h. 77 FR                                  provide materially inaccurate                                HP basic models listed in paragraph
                                             28928, 28943. However, in the basic                                     comparative data. Therefore, in the                          (1)(A) that use the variable-speed, oil-
                                             models specified by JCI in its petition,                                Decision and Order, DOE is requiring                         injected scroll compressors that are
                                             the oil injected into the oil-injected                                  that JCI test and rate the CAC and HP                        listed in paragraph (1)(B) with the
                                             scroll compressors increases the                                        basic models for which it has requested                      alternate test procedure set forth in
                                             coverage of the viscous oil layer                                       a waiver according to the alternate test                     paragraph (2).

                                                                                                                                                                                          Brand

                                                                                                                                                                                                      Fraser-
                                                                                                                                                          York          Coleman           Luxaire                Champion
                                                                                                                                                                                                     Johnston

                                             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
amozie on DSK30RV082PROD with NOTICES




                                                                                                                                                       YZV36B21        HC20B3621     HL20B3621      HL20B3621   HL20B3621
                                                                                                                                                       YZV48B21        HC20B4821     HL20B4821      HL20B4821   HL20B4821
                                                                                                                                                       YZV60B21        HC20B6021     HL20B6021      HL20B6021   HL20B6021

                                              4 Goodman’s comment can be accessed at: https://                         5 One comment was received from a party

                                             www.regulations.gov/docket?D=EERE-2017-BT-                              identified as Anonymous regarding air emissions.
                                             WAV-0037.



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                                                                             Federal Register / Vol. 83, No. 57 / Friday, March 23, 2018 / Notices                                 12737

                                                (A) JCI basic models that include all                would either be required to use the         at the lowest achievable output voltages
                                             combinations of the following outdoor                   current Federal test method or submit a     under rare conditions and for only brief
                                             unit models, listed by brand name:                      new application for a test procedure        periods of time, the suggested alternate
                                                (B) Variable-speed, oil-injected scroll              waiver. DOE may revoke or modify this       testing approach detailed in its waiver
                                             compressor models that are [Redacted]                   waiver at any time if it determines the     petition is needed to measure the active
                                             brand products manufactured by                          factual basis underlying the petition for   mode efficiency of such products in a
                                             [Redacted], listed by model number:                     waiver is incorrect, or the results from    representative manner. DOE is granting
                                             [Redacted]                                              the alternate test procedure are            Huawei an interim waiver from the DOE
                                                (2) The alternate test procedure for the             unrepresentative of the basic models’       EPS test procedure for the specified
                                             JCI basic models listed in paragraph                    true energy consumption characteristics.    basic models of EPSs, subject to use of
                                             (1)(A) having one of the compressors                    10 CFR 430.27(k)(1). Likewise, JCI may      the alternate test procedure as set forth
                                             listed in paragraph (1)(B) is the test                  request that DOE rescind or modify the      in this document and is soliciting
                                             procedure for CACs and HPs prescribed                   waiver if JCI discovers an error in the     comments, data, and information
                                             by DOE at 10 CFR part 430, subpart B,                   information provided to DOE as part of      concerning the petition and the
                                             appendix M, except that under section                   its petition, determines that the waiver    suggested alternate test procedure.
                                             3.1.7 of appendix M the break-in period                 is no longer needed, or for other           DATES: Written comments and
                                             maximum of 20 hours is increased to 72                  appropriate reasons. 10 CFR                 information are requested and will be
                                             hours, reading as follows:                              430.27(k)(2).                               accepted on or before April 23, 2018.
                                             3.1.7 Test Sequence                                        (6) Granting of this waiver does not     ADDRESSES: Interested persons are
                                                Manufacturers may optionally operate the             release JCI from the certification          encouraged to submit comments using
                                             equipment under test for a ‘‘break-in’’ period,         requirements set forth at 10 CFR part       the Federal eRulemaking Portal at
                                             not to exceed 72 hours, prior to conducting             429.                                        http://www.regulations.gov. Follow the
                                             the test method specified in this section. A
                                             manufacturer who elects to use this optional
                                                                                                        Signed in Washington, DC, on March 9,    instructions for submitting comments.
                                                                                                     2018.                                       Alternatively, interested persons may
                                             compressor break-in period in its
                                             certification testing should record this                lllllllllllllllllllll submit comments, identified by case
                                             information (including the duration) in the             Kathleen B. Hogan,                          number ‘‘2017–014’’, and Docket
                                             test data underlying the certified ratings that         Deputy Assistant Secretary for Energy       number ‘‘EERE–2017–BT–WAV–0061,’’
                                             are required to be maintained under 10 CFR              Efficiency, Energy Efficiency and Renewable by any of the following methods:
                                             429.71. When testing a ducted unit (except if           Energy                                         • Federal eRulemaking Portal: http://
                                             a heating- only heat pump), conduct the A or                                                        www.regulations.gov. Follow the
                                                                                                     [FR Doc. 2018–05941 Filed 3–22–18; 8:45 am]
                                             A2 Test first to establish the cooling full-load
                                                                                                     BILLING CODE 6450–01–P                      instructions for submitting comments.
                                             air volume rate. For ducted heat pumps
                                             where the heating and cooling full-load air                                                            • Email: Huawei2017WAV0061@
                                             volume rates are different, make the first                                                          ee.doe.gov. Include the case number
                                             heating mode test one that requires the                 DEPARTMENT OF ENERGY                        [Case No. 2017–014] in the subject line
                                             heating full-load air volume rate. For ducted                                                       of the message.
                                             heating-only heat pumps, conduct the H1 or              [Case Number 2017–014; EERE–2017–BT–           • Postal Mail: Ms. Lucy deButts, U.S.
                                             H12 Test first to establish the heating full-           WAV–0061]                                   Department of Energy, Building
                                             load air volume rate. When conducting a
                                             cyclic test, always conduct it immediately              Notice of Petition for Waiver of Huawei Technologies Office, Mailstop EE–5B,
                                                                                                     Technologies, Co. Ltd. From the             Petition for Waiver Case No. 2017–014,
                                             after the steady-state test that requires the
                                             same test conditions. For variable-speed                Department of Energy External Power         1000 Independence Avenue SW,
                                             systems, the first test using the cooling               Supplies Test Procedure and Grant of        Washington, DC 20585–0121. If
                                             minimum air volume rate should precede the              Interim Waiver                              possible, please submit all items on a
                                             EV Test, and the first test using the heating                                                       compact disc (‘‘CD’’), in which case it is
                                             minimum air volume rate must precede the                AGENCY: Office of Energy Efficiency and     not necessary to include printed copies.
                                             H2V Test. The test laboratory makes all other           Renewable Energy, Department of                • Hand Delivery/Courier: Appliance
                                             decisions on the test sequence.                         Energy.                                     and Equipment Standards Program, U.S.
                                               (3) Representations. JCI must make                    ACTION: Notice of petition for waiver,      Department of Energy, Building
                                             representations about the efficiency of                 granting of an interim waiver, and          Technologies Office, 950 L’Enfant Plaza
                                             the basic models identified in paragraph                request for public comment.                 SW, 6th Floor, Washington, DC 20024.
                                             (1) for compliance, marketing, or other                                                             Telephone: (202) 287–1445. If possible,
                                             purposes only to the extent that the                    SUMMARY: This notice announces receipt please submit all items on CD, in which
                                             basic model has been tested in                          of and publishes a petition for waiver      case it is not necessary to include
                                             accordance with the provisions set forth                from Huawei Technologies, Co. Ltd.          printed copies.
                                             above and such representations fairly                   (‘‘Huawei’’) seeking an exemption from         No telefacsimilies (faxes) will be
                                             disclose the results of such testing in                 specified portions of the U.S.              accepted. For detailed instructions on
                                             accordance with 10 CFR part 430,                        Department of Energy’s (‘‘DOE’s’’) test     submitting comments and additional
                                             subpart B, appendix M and 10 CFR                        procedure for determining external          information on this process, see section
                                             429.16.                                                 power supply (‘‘EPS’’) energy efficiency. V of this document.
                                               (4) This waiver shall remain in effect                The waiver request pertains to adaptive        Docket: The docket, which includes
                                             consistent with the provisions of 10 CFR                EPSs that support a particular              Federal Register notices, comments,
                                             430.27.                                                 International Electrotechnical              and other supporting documents/
amozie on DSK30RV082PROD with NOTICES




                                               (5) This waiver is issued on the                      Commission standard. Under the              materials, is available for review at
                                             condition that the statements,                          existing DOE test procedure, the average http://www.regulations.gov. All
                                             representations, and documentation                      active mode efficiency of an adaptive       documents in the docket are listed in
                                             provided by JCI are valid. If JCI makes                 EPS must be tested at both its lowest       the http://www.regulations.gov index.
                                             any modifications to the controls or                    and highest achievable output voltages.     However, some documents listed in the
                                             configurations of these basic models, the               Huawei contends that since its specified index, such as those containing
                                             waiver would no longer be valid and JCI                 products operate above 2 amps current       information that is exempt from public


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Document Created: 2018-11-01 08:54:05
Document Modified: 2018-11-01 08:54:05
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 decision and order.
DatesThe Decision and Order is effective as of March 23, 2018.
ContactMs. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 287-1604. Email: [email protected]
FR Citation83 FR 12735 

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