83 FR 24754 - Notice of Petition for Waiver of National Comfort Products, Inc. (NCP) From the Department of Energy Central Air Conditioners and Heat Pumps Test Procedure, and Notice of Grant of Interim Waiver
DEPARTMENT OF ENERGY Federal Register Volume 83, Issue 104 (May 30, 2018)
Federal Register Volume 83, Issue 104 (May 30, 2018)
| Page Range | 24754-24762 | |
| FR Document | 2018-11542 |
[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)] [Notices] [Pages 24754-24762] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11542] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY [Case No. 2017-008] Notice of Petition for Waiver of National Comfort Products, Inc. (NCP) From the Department of Energy Central Air Conditioners and Heat Pumps Test Procedure, and Notice of Grant of Interim Waiver AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of petition for waiver, grant of an interim waiver, and request for comments. ----------------------------------------------------------------------- SUMMARY: This notice announces receipt of and publishes a petition for waiver from NCP seeking an exemption from the U.S. Department of Energy (DOE) test procedure for determining the efficiency of central air conditioners and heat pumps. NCP seeks to use an alternate test procedure to address issues involved in testing certain basic models identified in its petition. According to NCP, the basic models of space constrained central air conditioner and heat pump units listed in its petition are designed and intended to be sold exclusively with NCP's NCPAH-A series or other blower-coil indoor units with electronically commutated (``ECM'') motors. These efficient blower-coil indoor units operate at much lower wattage than the default required by the DOE test procedure. As such, the current DOE test procedure does not result in representative ratings for these basic models. NCP seeks to use an alternate test procedure to test and rate their basic models paired only with air handler indoor units (i.e., blower coil indoor units). This notice also announces that DOE grants NCP an interim waiver from the DOE central air conditioners and heat pumps test procedure for its specified basic models, subject to use of the alternative test procedure as set forth in the Order. DOE solicits comments, data, and information concerning NCP's petition and its suggested alternate test procedure. DATES: DOE will accept comments, data, and information with respect to the NCP Petition until June 29, 2018. [[Page 24755]] ADDRESSES: You may submit comments, identified by case number ``2017- 008'' and Docket number ``EERE-2017-BT-WAV-0030,'' 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. 2017-008] 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. 2017-008, 1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: (202) 287-1604. 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. Docket: The docket, which includes Federal Register notices, comments, and other supporting documents/materials, is available for review at http://www.regulations.gov. All documents in the docket are listed in the http://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. The docket web page can be found https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0030. The docket web page will contain simple instruction on how to access all documents, including public comments, in the docket. 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 as ``appendix M''). --------------------------------------------------------------------------- \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. NCP's Petition for Waiver of Test Procedure and Application for Interim Waiver On March 20, 2017, NCP filed a petition for waiver and an application for interim waiver from the CAC and HP test procedure set forth in 10 CFR part 430, subpart B, appendix M. According to NCP, basic models of space constrained central air conditioner and heat pump outdoor units listed in its petition \3\ are designed and intended to be sold with NCP's NCPAH-A series or other blower-coil indoor units with electronically commutated (``ECM'') motors. These efficient blower-coil indoor units operate at much lower wattage than the default required by the DOE test procedure. As such, the current DOE test procedure does not result in a representative rating for these basic models. NCP seeks to use an alternate test procedure to test and rate using their space constrained central air conditioner and heat pump basic models paired only with blower-coil indoor units. --------------------------------------------------------------------------- \3\ The specific basic models for which the petition applies are central air conditioner basic models NCPE-418-1010, NCPE-418-3010, NCPE-418-4010, NCPE-418-5010, NCPE-424-1010, NCPE-424-3010, NCPE- 424-4010, NCPE-424-5010, NCPE-430-1010, NCPE-430-3010, NCPE-430- 4010, NCPE-430-5010. These basic model names were provided by NCP in its March 2017 petition. --------------------------------------------------------------------------- NCP 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). [[Page 24756]] III. Requested 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, and after consideration of public comments on the petition, DOE will consider setting an alternate test procedure for the equipment identified by NCP in a subsequent Decision and Order. As an alternate test procedure, NCP proposes that the basic models listed in the petition be tested according to the test procedure for central air conditioners and heat pumps prescribed by DOE at 10 CFR part 430, subpart B, appendix M, as applicable, except for the requirement under 10 CFR 429.16 that represented values for each model of outdoor unit be determined based on testing with a model of a coil- only indoor unit that is the least efficient indoor unit distributed in commerce with that particular outdoor unit. Instead, NCP requests that the specified basic models be tested and representations be determined by pairing the models only with blower-coil indoor units. IV. Summary of Grant of an Interim Waiver On May 30, 2017, NCP submitted supplemental materials to their original petition consisting of public-facing materials (e.g., marketing materials, product specification sheets, and installation manuals) that include language consistent with their assertion that the basic models listed in its petition are distributed to be installed exclusively with blower-coil indoor units that incorporate high- efficiency fan motors. In addition to the material submitted by NCP, DOE conducted a review of NCP's other public-facing materials including websites, marketing materials, product spec sheets, labels, installation manuals, other consumer facing disclosures, etc. to confirm that these materials support NCP's assertions set forth in the petition about how they distribute the specified basic models in commerce. The public-facing materials that DOE found state that these basic models are compatible with NCP air handlers or certain other air handlers with ECM motors (combinations that are rated in the DOE Compliance Certification Management System (CCMS) database) and that any combinations not rated in the DOE CCMS database will require factory testing and listing with DOE. DOE's review also indicates that NCP does not market the basic models for sale with indoor units that do not have electronically commutated fan motors. All materials reviewed by DOE can be found in the docket. DOE understands from NCP's petition that, absent an interim waiver, NCP's specified models cannot be tested and rated for energy consumption on a basis representative of their true energy consumption characteristics. DOE has reviewed the alternate test procedure suggested by NCP and concludes that it will allow for the accurate measurement of the efficiency of these specified models, while alleviating the testing problems associated with NCP's implementation of CAC and HP testing. DOE has determined that NCP's petition for waiver will likely be granted and that it is desirable for public policy reasons to grant NCP immediate relief pending a determination on the petition for waiver. For the reasons stated above, DOE has granted NCP's application for interim waiver for its specified basic models of space constrained central air conditioners and heat pumps. The substance of DOE's Interim Waiver Order is summarized below. Therefore, DOE has issued an Order, stating: (1) NCP must test and rate the CAC and HP basic models listed in paragraph (A) with the alternate test procedure set forth in paragraph (2). (A) NCPE-418-1010, NCPE-418-3010, NCPE-418-4010, NCPE-418-5010, NCPE-424-1010, NCPE-424-3010, NCPE-424-4010, NCPE-424-5010, NCPE-430- 1010, NCPE-430-3010, NCPE-430-4010, NCPE-430-5010. (2) The applicable method of test for the NCP basic models listed in subparagraph (1)(A) is the test procedure for CAC and HP prescribed by DOE at 10 CFR part 430, subpart B, appendix M, except the determination of represented value requirements and units required for test per 10 CFR 429.16(a)(1), (b)(2) and (b)(2)(i) shall be as detailed below. All other requirements of 10 CFR part 429.16 remain applicable. In 429.16(a), Determination of Represented Value: (1) Required represented values for single-split system space- constrained AC with single-stage or two-stage compressor. Determine the represented values (including SEER, EER, HSPF, SEER2, EER2, HSPF2, PW,OFF, cooling capacity, and heating capacity, as applicable) for the individual models/combinations (or ``tested combinations'') specified in the following table. ------------------------------------------------------------------------ Equipment Required represented Category subcategory values ------------------------------------------------------------------------ Outdoor Unit and Indoor Unit Single-Split Every individual (Distributed in Commerce by System Space- combination OUM). Constrained AC distributed in with Single- commerce, including Stage or Two- all coil-only and Stage Compressor. blower coil combinations. For each model of outdoor unit, this must include the least efficient combination distributed in commerce with the particular model of outdoor unit. ------------------------------------------------------------------------ In 429.16(b), Units tested: (2) Individual model/combination selection for testing of single- split system space-constrained AC with single-stage or two-stage compressor. (i) The table identifies the minimum testing requirements for each basic model that includes multiple individual models/ combinations; if a basic model spans multiple categories or subcategories listed in the table, multiple testing requirements apply. For each basic model that includes only one individual model/ combination, test that individual model/combination. [[Page 24757]] ---------------------------------------------------------------------------------------------------------------- Category Equipment subcategory Must test: With: ---------------------------------------------------------------------------------------------------------------- Outdoor Unit and Indoor Unit Single-Split System Space- The model of outdoor A model of indoor (Distributed in Commerce by an Constrained AC with a unit. unit. OUM). Single-Stage or Two-Stage Compressor. ---------------------------------------------------------------------------------------------------------------- (3) Representations. NCP is permitted to make representations about the efficiency of basic models that meet the requirements of 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 429.16 and 10 CFR part 430, subpart B, appendix M. (4) This interim waiver shall remain in effect consistent with the provisions of 10 CFR 430.27(h) and (k). (5) This interim waiver is issued to NCP on the condition that: (1) The statements, representations, test data, and documentary materials provided by the petitioner are valid, (2) NCP continues to distribute the specified basic models for exclusive installation with air-handler units that include electronically commutated motors, (3) All public- facing materials, including websites, marketing materials, product spec sheets, labels, nameplates, etc., make no representations that these basic models be installed in any other way; and (4) All public-facing materials state ``Please consult the DOE CCMS data base [link to DOE CCMS database] for a list of rated combinations of indoor and outdoor units. Combinations of outdoor and indoor units that are not rated will require factory testing and listing with DOE. Please consult the factory.'' DOE may revoke or modify this waiver at any time if it determines the factual basis underlying the petition for waiver is incorrect, the above listed conditions are not met, or the results from the alternate test procedure are unrepresentative of the basic model's true energy consumption characteristics. (6) Granting of this interim waiver does not release NCP from the certification requirements set forth at 10 CFR part 429, other than those explicitly stated in paragraph (2). DOE makes decisions on waivers and interim waivers for only those models specifically set out in the petition, not future models that may be manufactured by the petitioner. NCP may submit a new or amended petition for waiver and request for grant of interim waiver, as appropriate, for additional models of central air conditioners and heat pumps. Alternatively, if appropriate, NCP may request that this interim waiver (or subsequent waiver, if applicable) be extended to additional basic models employing the same technology as basic models specifically set out in this petition (see 10 CFR 430.27(g)). IV. Summary and Request for Comments Through this notice, DOE announces receipt of NCP's petition for waiver from the DOE test procedure for certain basic models and announces DOE's decision to grant NCP an interim waiver from the test procedure for the basic models listed in NCP's petition. DOE is publishing NCP's petition for waiver in its entirety, pursuant to 10 CFR 430.27(b)(1)(iv). The petition contains no confidential information. The petition includes a suggested alternate test procedure, as specified in section III of this notice, to determine the energy consumption of NCP's specified space constrained central air conditioner and heat pump basic models. DOE may consider including the alternate procedure specified in the Order in a subsequent Decision and Order. DOE invites all interested parties to submit in writing by June 29, 2018, comments and information on all aspects of the petition, including the suggested alternate test procedure and calculation and rating methodology. DOE also seeks comment and data on NCP's assertion that it exclusively distributes the space constrained air conditioner and heat pump basic models as blower-coil installations. 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 Jean-Cyril Walker, Keller and Heckman LLP, 1001 G Street NW, Suite 500 West, Washington, DC 20001. Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and contact information. Your contact information will be viewable to DOE Building Technologies staff only. Your contact information will not be publicly viewable except for your first and last names, organization name (if any), and submitter representative name (if any). If your comment is not processed properly because of technical difficulties, DOE will use this information to contact you. If DOE cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment. However, your contact information will be publicly viewable if you include it in the comment or in any documents attached to your comment. Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment. Persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments. Do not submit to http://www.regulations.gov information for which disclosure is restricted by statute, such as trade secrets and commercial or financial information (hereinafter referred to as Confidential Business Information (CBI)). Comments submitted through http://www.regulations.gov cannot be claimed as CBI. Comments received through the website will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section. DOE processes submissions made through http://www.regulations.gov before posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your comment. Submitting comments via email, hand delivery, or mail. Comments and documents submitted via email, hand delivery, or mail also will be posted to http://www.regulations.gov. If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information on a cover letter. Include your first and last names, email address, telephone number, and optional mailing address. The cover letter will not be publicly viewable as long as it does not include any comments. Include contact information each time you submit comments, data, documents, [[Page 24758]] and other information to DOE. If you submit via mail or hand delivery, please provide all items on a CD, if feasible. It is not necessary to submit printed copies. No facsimiles (faxes) will be accepted. Comments, data, and other information submitted to DOE electronically should be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format. Provide documents that are not secured, written in English and free of any defects or viruses. Documents should not contain special characters or any form of encryption and, if possible, they should carry the electronic signature of the author. Campaign form letters. Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters' names compiled into one or more PDFs. This reduces comment processing and posting time. Confidential Business Information. According 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 via email, postal mail, or hand delivery two well-marked copies: One copy of the document marked confidential including all the information believed to be confidential, and one copy of the document marked ``non- confidential'' with the information believed to be confidential deleted. Submit these documents via email or on a CD, if feasible. DOE will make its own determination about the confidential status of the information and treat it according to its determination. Factors of interest to DOE when evaluating requests to treat submitted information as confidential include (1) a description of the items, (2) whether and why such items are customarily treated as confidential within the industry, (3) whether the information is generally known by or available from other sources, (4) whether the information has previously been made available to others without obligation concerning its confidentiality, (5) an explanation of the competitive injury to the submitting person which would result from public disclosure, (6) when such information might lose its confidential character due to the passage of time, and (7) why disclosure of the information would be contrary to the public interest. It is DOE's policy that all comments may be included in the public docket, without change and as received, including any personal information provided in the comments (except information deemed to be exempt from public disclosure). Signed in Washington, DC, on May 17, 2018. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. BILLING CODE 6450-01-P [[Page 24759]] [GRAPHIC] [TIFF OMITTED] TN30MY18.015 [[Page 24760]] [GRAPHIC] [TIFF OMITTED] TN30MY18.016 [[Page 24761]] [GRAPHIC] [TIFF OMITTED] TN30MY18.017 [[Page 24762]] [GRAPHIC] [TIFF OMITTED] TN30MY18.018 [FR Doc. 2018-11542 Filed 5-29-18; 8:45 am] BILLING CODE 6450-01-C
![24754 Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
accordance with the proposed plan and can take effect. The revised HAVA State Dated: May 23, 2018.
any amendments that have been Plan will be posted on the EAC website Bryan Whitener,
approved in advance by the Secretary; and available for review. Director of National Clearinghouse on
and Elections, U.S. Election Assistance
(2) Describes the results and DATES: Revisions become applicable Commission.
effectiveness of the project for which the after 30-day publication in the Federal [FR Doc. 2018–11498 Filed 5–29–18; 8:45 am]
funds were spent. Register. BILLING CODE 4810–71–P
(e) PDE must maintain separate FOR FURTHER INFORMATION CONTACT:
accounting records documenting the Mark Abbott, Telephone 301–563–3956
expenditures of funds awarded under or 1–866–747–1471 (toll-free).
the grantback arrangement. DEPARTMENT OF ENERGY
Accessible Format: Individuals with Submit Comments: Any comments
disabilities can obtain this document in regarding the plans published herewith [Case No. 2017–008]
an accessible format (e.g., braille, large should be made in writing to the chief
print, audiotape, or compact disc) by election official of the individual State Notice of Petition for Waiver of
contacting the person listed under FOR at the address listed below. National Comfort Products, Inc. (NCP)
FURTHER INFORMATION CONTACT. From the Department of Energy
Electronic Access to This Document: SUPPLEMENTARY INFORMATION: The EAC Central Air Conditioners and Heat
The official version of this document is in accordance with the Help America Pumps Test Procedure, and Notice of
the document published in the Federal Vote Act of 2002 (HAVA) (52 U.S.C. Grant of Interim Waiver
Register. You may access the official 21005(b)) published in the Federal
Register the original HAVA State plans AGENCY: Office of Energy Efficiency and
edition of the Federal Register and the Renewable Energy, Department of
Code of Federal Regulations via the filed by the fifty States, the District of
Energy.
Federal Digital System at: www.gpo.gov/ Columbia and the territories of
American Samoa, Guam, Puerto Rico, ACTION: Notice of petition for waiver,
fdsys. At this site you can view this
document, as well as all other and the U.S. Virgin Islands (hereinafter, grant of an interim waiver, and request
documents of this Department the States). See 69 FR 14002. HAVA for comments.
published in the Federal Register, in anticipated that States would change or SUMMARY: This notice announces receipt
text or Portable Document Format update their plans from time to time of and publishes a petition for waiver
(PDF). To use PDF you must have pursuant to Section 254(a)(11) through from NCP seeking an exemption from
Adobe Acrobat Reader, which is (13) and, thus, requires the EAC to the U.S. Department of Energy (DOE)
available free at the site. publish such updates in the Federal test procedure for determining the
You may also access documents of the Register. In accordance with HAVA efficiency of central air conditioners and
Department published in the Federal Section 254(a)(12), all the State plans heat pumps. NCP seeks to use an
Register by using the article search submitted for publication provide alternate test procedure to address
feature at: www.federalregister.gov. information on how the respective State issues involved in testing certain basic
Specifically, through the advanced succeeded in carrying out its previous models identified in its petition.
search feature at this site, you can limit State plan. According to NCP, the basic models of
your search to documents published by space constrained central air
the Department. West Virginia confirms that its
amendments to the State plan were conditioner and heat pump units listed
Dated: May 24, 2018. in its petition are designed and intended
developed and submitted to public
Jason Botel, to be sold exclusively with NCP’s
comment in accordance with HAVA
Principal Deputy Assistant Secretary NCPAH–A series or other blower-coil
Sections 254(a)(11), 255, and 256. (52 indoor units with electronically
Delegated the authority to perform the
functions and duties of the Assistant U.S.C. 21004–21006). commutated (‘‘ECM’’) motors. These
Secretary of Elementary and Secondary Upon the expiration of thirty days efficient blower-coil indoor units
Education. from May 30, 2018, the State is eligible operate at much lower wattage than the
[FR Doc. 2018–11592 Filed 5–29–18; 8:45 am] to implement the changes addressed in default required by the DOE test
BILLING CODE 4000–01–P the plan that is published herein, in procedure. As such, the current DOE
accordance with HAVA Section test procedure does not result in
254(a)(11)(C). EAC wishes to representative ratings for these basic
ELECTION ASSISTANCE COMMISSION acknowledge the effort that went into models. NCP seeks to use an alternate
revising this State plan and encourages test procedure to test and rate their basic
Publication of State Plan Pursuant to further public comment, in writing, to models paired only with air handler
the Help America Vote Act the State election official listed below. indoor units (i.e., blower coil indoor
AGENCY: U.S. Election Assistance units). This notice also announces that
Chief State Election Official DOE grants NCP an interim waiver from
Commission (EAC).
the DOE central air conditioners and
ACTION: Notice. Mr. Donald Kersey, III, Elections heat pumps test procedure for its
Director & Deputy Legal Counsel, 1900 specified basic models, subject to use of
SUMMARY: The U.S. Election Assistance
Kanawha Boulevard E, State Capital the alternative test procedure as set
Commission (EAC) received a revised
sradovich on DSK3GMQ082PROD with NOTICES
Room 157–K, Charleston, West Virginia forth in the Order. DOE solicits
HAVA State Plan from the State of West
Virginia in accordance with the Help 25305–0770. (304) 558–6000 Fax: (304) comments, data, and information
America Vote Act of 2002 (HAVA). 588–0900. concerning NCP’s petition and its
Pursuant to HAVA, the EAC is required Thank you for your interest in suggested alternate test procedure.
to publish the revised HAVA State Plan improving the voting process in DATES: DOE will accept comments, data,
in the Federal Register for a 30-day America. and information with respect to the NCP
period before the proposed revisions Petition until June 29, 2018.
VerDate Sep<11>2014 17:04 May 29, 2018 Jkt 244001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\30MYN1.SGM 30MYN1](https://thefederalregister.org/doc/83_FR_24858/page/1.svg)
![Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices 24755
ADDRESSES: You may submit comments, SUPPLEMENTARY INFORMATION: The waiver process also allows DOE
identified by case number ‘‘2017–008’’ to grant an interim waiver if it appears
I. Background and Authority
and Docket number ‘‘EERE–2017–BT– likely that the petition for waiver will be
WAV–0030,’’ by any of the following Title III, Part B 1 of the Energy Policy granted and/or if DOE determines that it
methods: and Conservation Act of 1975 (EPCA), would be desirable for public policy
• Federal eRulemaking Portal: http:// Public Law 94–163 (42 U.S.C. 6291– reasons to grant immediate relief
www.regulations.gov. Follow the 6309, as codified) established the pending a determination on the petition
instructions for submitting comments. Energy Conservation Program for for waiver. 10 CFR 430.27(e)(2). Within
• Email: NCP2017WAV0030@ Consumer Products Other Than one year of issuance of an interim
EE.DOE.Gov. Include the case number Automobiles, which includes central air waiver, DOE will either: (i) Publish in
[Case No. 2017–008] in the subject line conditioners and heat pumps.2 Part B the Federal Register a determination on
of the message. Submit electronic includes definitions, test procedures, the petition for waiver; or (ii) publish in
comments in WordPerfect, Microsoft labeling provisions, energy conservation the Federal Register a new or amended
Word, PDF, or ASCII file format, and standards, and the authority to require test procedure that addresses the issues
avoid the use of special characters or information and reports from presented in the waiver. 10 CFR
any form of encryption. manufacturers. Further, Part B requires 430.27(h)(1). When DOE amends the test
• Postal Mail: Ms. Lucy deButts, U.S. the Secretary of Energy to prescribe test procedure to address the issues
Department of Energy, Building procedures that are reasonably designed presented in a waiver, the waiver will
Technologies Office, Mailstop EE–5B, to produce results that measure energy automatically terminate on the date on
Petition for Waiver Case No. 2017–008, efficiency, energy use, or estimated which use of that test procedure is
1000 Independence Avenue SW, operating costs during a representative required to demonstrate compliance. 10
Washington, DC 20585–0121. average-use cycle, and that are not CFR 430.27(h)(2).
Telephone: (202) 287–1604. If possible, unduly burdensome to conduct. (42
please submit all items on a compact U.S.C. 6293(b)(3)) The test procedure for II. NCP’s Petition for Waiver of Test
disc (CD), in which case it is not central air conditioners and heat pumps Procedure and Application for Interim
necessary to include printed copies. is contained in 10 CFR part 430, subpart Waiver
• Hand Delivery/Courier: Appliance
B, appendix M (referred to in this notice On March 20, 2017, NCP filed a
and Equipment Standards Program, U.S.
as ‘‘appendix M’’). petition for waiver and an application
Department of Energy, Building
DOE’s regulations set forth at 10 CFR for interim waiver from the CAC and HP
Technologies Office, 950 L’Enfant Plaza
430.27 contain provisions that allow a test procedure set forth in 10 CFR part
SW, 6th Floor, Washington, DC 20024.
Telephone: (202) 287–1445. If possible, person to seek a waiver from the test 430, subpart B, appendix M. According
please submit all items on a CD, in procedure requirements for a particular to NCP, basic models of space
which case it is not necessary to include basic model of a covered product when constrained central air conditioner and
printed copies. the petitioner’s basic model for which heat pump outdoor units listed in its
Docket: The docket, which includes the petition for waiver was submitted petition 3 are designed and intended to
Federal Register notices, comments, contains one or more design be sold with NCP’s NCPAH–A series or
and other supporting documents/ characteristics that either (1) prevent other blower-coil indoor units with
materials, is available for review at testing according to the prescribed test electronically commutated (‘‘ECM’’)
http://www.regulations.gov. All procedure, or (2) cause the prescribed motors. These efficient blower-coil
documents in the docket are listed in test procedures to evaluate the basic indoor units operate at much lower
the http://www.regulations.gov index. model in a manner so unrepresentative wattage than the default required by the
However, some documents listed in the of its true energy consumption DOE test procedure. As such, the
index, such as those containing characteristics as to provide materially current DOE test procedure does not
information that is exempt from public inaccurate comparative data. 10 CFR result in a representative rating for these
disclosure, may not be publicly 430.27(a)(1). A petitioner must include basic models. NCP seeks to use an
available. in its petition any alternate test alternate test procedure to test and rate
The docket web page can be found procedures known to the petitioner to using their space constrained central air
https://www.regulations.gov/ evaluate the basic model in a manner conditioner and heat pump basic
docket?D=EERE-2017-BT-WAV-0030. representative of its energy models paired only with blower-coil
The docket web page will contain consumption. 10 CFR 430.27(b)(1)(iii). indoor units.
simple instruction on how to access all DOE may grant a waiver subject to
NCP also requests an interim waiver
documents, including public comments, conditions, including adherence to
from the existing DOE test procedure.
in the docket. alternate test procedures. 10 CFR
An interim waiver may be granted if it
FOR FURTHER INFORMATION CONTACT: 430.27(f)(2). As soon as practicable after
appears likely that the petition for
Ms. Lucy deButts, U.S. Department of the granting of any waiver, DOE will
waiver will be granted, and/or if DOE
Energy, Building Technologies Program, publish in the Federal Register a notice
determines that it would be desirable for
Mail Stop EE–2J, Forrestal Building, of proposed rulemaking to amend its
public policy reasons to grant
1000 Independence Avenue SW, regulations so as to eliminate any need
immediate relief pending a
Washington, DC 20585–0121. for the continuation of such waiver. As
determination of the petition for waiver.
Telephone: (202) 287–1604. Email: AS_ soon thereafter as practicable, DOE will
See 10 CFR 430.27(e)(2).
publish in the Federal Register a final
sradovich on DSK3GMQ082PROD with NOTICES
Waiver_Requests@ee.doe.gov.
Mr. Pete Cochran, U.S. Department of rule. 10 CFR 430.27(l). 3 The specific basic models for which the petition
Energy, Office of the General Counsel, applies are central air conditioner basic models
Mail Stop GC–33, Forrestal Building, 1 For editorial reasons, upon codification in the
NCPE–418–1010, NCPE–418–3010, NCPE–418–
1000 Independence Avenue SW, U.S. Code, Part B was redesignated as Part A. 4010, NCPE–418–5010, NCPE–424–1010, NCPE–
2 All references to EPCA in this document refer 424–3010, NCPE–424–4010, NCPE–424–5010,
Washington, DC 20585–0103. to the statute as amended through the Energy NCPE–430–1010, NCPE–430–3010, NCPE–430–
Telephone: (202) 586–9496. Email: Efficiency Improvement Act of 2015 (EEIA), Public 4010, NCPE–430–5010. These basic model names
Peter.Cochran@hq.doe.gov. Law 114–11 (April 30, 2015). were provided by NCP in its March 2017 petition.
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![Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices 24757
Category Equipment subcategory Must test: With:
Outdoor Unit and Indoor Unit (Distributed in Single-Split System Space-Constrained AC The model of outdoor A model of indoor unit.
Commerce by an OUM). with a Single-Stage or Two-Stage Com- unit.
pressor.
(3) Representations. NCP is permitted extended to additional basic models technical difficulties and cannot contact
to make representations about the employing the same technology as basic you for clarification, DOE may not be
efficiency of basic models that meet the models specifically set out in this able to consider your comment.
requirements of paragraph (1) for petition (see 10 CFR 430.27(g)). However, your contact information
compliance, marketing, or other will be publicly viewable if you include
IV. Summary and Request for it in the comment or in any documents
purposes only to the extent that the
Comments attached to your comment. Any
basic model has been tested in
accordance with the provisions set forth Through this notice, DOE announces information that you do not want to be
above and such representations fairly receipt of NCP’s petition for waiver from publicly viewable should not be
disclose the results of such testing in the DOE test procedure for certain basic included in your comment, nor in any
accordance with 10 CFR 429.16 and 10 models and announces DOE’s decision document attached to your comment.
CFR part 430, subpart B, appendix M. to grant NCP an interim waiver from the Persons viewing comments will see only
(4) This interim waiver shall remain test procedure for the basic models first and last names, organization
in effect consistent with the provisions listed in NCP’s petition. DOE is names, correspondence containing
of 10 CFR 430.27(h) and (k). publishing NCP’s petition for waiver in comments, and any documents
(5) This interim waiver is issued to its entirety, pursuant to 10 CFR submitted with the comments.
NCP on the condition that: (1) The 430.27(b)(1)(iv). The petition contains Do not submit to http://
statements, representations, test data, no confidential information. The www.regulations.gov information for
and documentary materials provided by petition includes a suggested alternate which disclosure is restricted by statute,
the petitioner are valid, (2) NCP test procedure, as specified in section III such as trade secrets and commercial or
continues to distribute the specified of this notice, to determine the energy financial information (hereinafter
basic models for exclusive installation consumption of NCP’s specified space referred to as Confidential Business
with air-handler units that include constrained central air conditioner and Information (CBI)). Comments
electronically commutated motors, (3) heat pump basic models. DOE may submitted through http://
All public-facing materials, including consider including the alternate www.regulations.gov cannot be claimed
websites, marketing materials, product procedure specified in the Order in a as CBI. Comments received through the
spec sheets, labels, nameplates, etc., subsequent Decision and Order. website will waive any CBI claims for
make no representations that these basic DOE invites all interested parties to the information submitted. For
models be installed in any other way; submit in writing by June 29, 2018, information on submitting CBI, see the
and (4) All public-facing materials state comments and information on all Confidential Business Information
‘‘Please consult the DOE CCMS data aspects of the petition, including the section.
base [link to DOE CCMS database] for a suggested alternate test procedure and DOE processes submissions made
list of rated combinations of indoor and calculation and rating methodology. through http://www.regulations.gov
outdoor units. Combinations of outdoor DOE also seeks comment and data on before posting. Normally, comments
and indoor units that are not rated will NCP’s assertion that it exclusively will be posted within a few days of
require factory testing and listing with distributes the space constrained air being submitted. However, if large
DOE. Please consult the factory.’’ DOE conditioner and heat pump basic volumes of comments are being
may revoke or modify this waiver at any models as blower-coil installations. processed simultaneously, your
time if it determines the factual basis Pursuant to 10 CFR 430.27(d), any comment may not be viewable for up to
underlying the petition for waiver is person submitting written comments to several weeks. Please keep the comment
incorrect, the above listed conditions DOE must also send a copy of such tracking number that http://
are not met, or the results from the comments to the petitioner. The contact www.regulations.gov provides after you
alternate test procedure are information for the petitioner is Jean- have successfully uploaded your
unrepresentative of the basic model’s Cyril Walker, Keller and Heckman LLP, comment.
true energy consumption characteristics. 1001 G Street NW, Suite 500 West, Submitting comments via email, hand
(6) Granting of this interim waiver Washington, DC 20001. delivery, or mail. Comments and
does not release NCP from the Submitting comments via http:// documents submitted via email, hand
certification requirements set forth at 10 www.regulations.gov. The http:// delivery, or mail also will be posted to
CFR part 429, other than those explicitly www.regulations.gov web page will http://www.regulations.gov. If you do
stated in paragraph (2). require you to provide your name and not want your personal contact
DOE makes decisions on waivers and contact information. Your contact information to be publicly viewable, do
interim waivers for only those models information will be viewable to DOE not include it in your comment or any
specifically set out in the petition, not Building Technologies staff only. Your accompanying documents. Instead,
future models that may be manufactured contact information will not be publicly provide your contact information on a
by the petitioner. NCP may submit a viewable except for your first and last
sradovich on DSK3GMQ082PROD with NOTICES
cover letter. Include your first and last
new or amended petition for waiver and names, organization name (if any), and names, email address, telephone
request for grant of interim waiver, as submitter representative name (if any). number, and optional mailing address.
appropriate, for additional models of If your comment is not processed The cover letter will not be publicly
central air conditioners and heat pumps. properly because of technical viewable as long as it does not include
Alternatively, if appropriate, NCP may difficulties, DOE will use this any comments.
request that this interim waiver (or information to contact you. If DOE Include contact information each time
subsequent waiver, if applicable) be cannot read your comment due to you submit comments, data, documents,
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Document Created: 2018-05-30 01:01:44
Document Modified: 2018-05-30 01:01:44
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of petition for waiver, grant of an interim waiver, and request for comments. | |
| Dates | DOE will accept comments, data, and information with respect to the NCP Petition until June 29, 2018. | |
| 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] | |
| FR Citation | 83 FR 24754 |
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