83_FR_40029 83 FR 39873 - Energy Conservation Program: Test Procedures for Central Air Conditioners and Heat Pumps

83 FR 39873 - Energy Conservation Program: Test Procedures for Central Air Conditioners and Heat Pumps

DEPARTMENT OF ENERGY

Federal Register Volume 83, Issue 156 (August 13, 2018)

Page Range39873-39874
FR Document2018-17187

On July 3, 2017, the Department of Energy (DOE) issued an administrative stay postponing the effectiveness of certain provisions of a final rule, published in the Federal Register on January 5, 2017. The January 5, 2017 final rule amended the test procedure and certain certification, compliance, and enforcement provisions for central air conditioners and heat pumps. Specifically, in issuing the administrative stay, DOE stayed the effectiveness of two provisions of the January 5, 2017 final rule that require outdoor unit models be tested under the outdoor unit with no match procedure if they meet either of two enumerated conditions. By this action, DOE lifts the administrative stay of the two provisions.

Federal Register, Volume 83 Issue 156 (Monday, August 13, 2018)
[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Rules and Regulations]
[Pages 39873-39874]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17187]



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

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

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

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


Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules 
and Regulations

[[Page 39873]]



DEPARTMENT OF ENERGY

10 CFR Part 429

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


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

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

ACTION: Lifting of administrative stay.

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

SUMMARY: On July 3, 2017, the Department of Energy (DOE) issued an 
administrative stay postponing the effectiveness of certain provisions 
of a final rule, published in the Federal Register on January 5, 2017. 
The January 5, 2017 final rule amended the test procedure and certain 
certification, compliance, and enforcement provisions for central air 
conditioners and heat pumps. Specifically, in issuing the 
administrative stay, DOE stayed the effectiveness of two provisions of 
the January 5, 2017 final rule that require outdoor unit models be 
tested under the outdoor unit with no match procedure if they meet 
either of two enumerated conditions. By this action, DOE lifts the 
administrative stay of the two provisions.

DATES: As of August 3, 2018, the administrative stay issued under 5 
U.S.C. 705, postponing the effectiveness of certain provisions of 10 
CFR 429.16(a)(3)(i), was lifted.

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

SUPPLEMENTARY INFORMATION: 

Background

    On January 5, 2017, DOE published a final rule (January 2017 final 
rule) amending the test procedure and certification, compliance, and 
enforcement provisions for central air conditioners and heat pumps 
(CAC/HP). 82 FR 1426. Among other changes, the January 2017 final rule 
added a paragraph at 10 CFR 429.16(a)(3)(i) requiring, among other 
things, that central air conditioners and heat pumps be tested under 
the outdoor unit with no match provisions if: (1) Any of the 
refrigerants approved for use with an outdoor unit model is HCFC-22 or 
has a 95[emsp14][deg]F midpoint saturation absolute pressure that is +/
- 18 percent of the 95[emsp14][deg]F saturation absolute pressure for 
HCFC-22, or if there are no refrigerants designated as approved for 
use; or (2) a model of outdoor unit is not charged with a specified 
refrigerant from the point of manufacture or if the unit is shipped 
requiring the addition of more than two pounds of refrigerant to meet 
the charge required for testing per section 2.2.5 of appendix M or 
appendix M1 (unless either (a) the factory charge is equal to or 
greater than 70% of the outdoor unit internal volume times the liquid 
density of refrigerant at 95[emsp14][deg]F or (b) an A2L refrigerant is 
approved for use and listed in the certification report).
    The original effective date of the January 2017 final rule was 
February 6, 2017. Subsequently, DOE delayed the effective date of the 
January 2017 final rule until March 21, 2017 (82 FR 8985), and then 
further delayed the effective date until July 5, 2017 (82 FR 14425; 82 
FR 15457).
    On March 3, 2017, Johnson Controls, Inc. (JCI) filed a petition for 
review of the January 2017 final rule in the United States Court of 
Appeals for the Seventh Circuit. This litigation is subject to ongoing 
mediation. JCI manufactures outdoor units with an approved refrigerant 
that has a 95[emsp14][deg]F midpoint saturation absolute pressure that 
is +/- 18 percent of the 95[emsp14][deg]F saturation absolute pressure 
for HCFC-22. These same models are also shipped requiring the addition 
of more than two pounds of refrigerant to meet the charge required for 
testing per section 2.2.5 of appendix M or appendix M1, and the factory 
charge is not equal to or greater than 70% of the outdoor unit internal 
volume times the liquid density of refrigerant at 95[emsp14][deg]F. 
Thus, under either of the two provisions that were added at 10 CFR 
429.16(a)(3)(i) by the January 2017 final rule, these models would need 
to be tested as outdoor units with no match under appendix M or M1.
    Also on March 3, 2017, JCI submitted to DOE a petition for a 180-
day extension of the requirement that JCI make efficiency 
representations for its GAW Series products in accordance with the two 
new provisions of the January 2017 final rule. DOE granted this request 
on June 2, 2017.
    On April 6, 2017, JCI submitted to DOE a petition for waiver and 
application for interim waiver from these two test procedure 
provisions. JCI subsequently submitted an amended petition for waiver 
and application for interim waiver on June 5, 2018.
    On May 31, 2017, JCI requested that DOE grant it an administrative 
stay of the above described two provisions pending judicial review of 
the January 2017 final rule. On June 6, 2017, JCI requested that DOE 
hold its stay request in abeyance, noting that DOE's June 2, 2017 grant 
of a 180-day extension of the date by which JCI must comply with the 
two provisions specified above obviated the need for an immediate grant 
of an administrative stay. Subsequently, on June 29, 2017, Lennox 
International Inc. (Lennox), a manufacturer of central air conditioners 
and heat pumps, filed a complaint in the U.S. District Court for the 
Northern District of Texas challenging DOE's decision to grant the 180-
day extension to JCI.
    On July 3, 2017, DOE issued an administrative stay in accordance 
with the Administrative Procedure Act (5 U.S.C. 705).\1\ DOE's 
determination to issue the stay and postpone the effectiveness of the 
two provisions was based on JCI's submissions that raised concerns 
about significant potential impacts of the test procedure provisions on 
JCI, as well as the desire to ensure that all manufacturers of central 
air conditioners and heat pumps would have the same relief granted to 
JCI. 82

[[Page 39874]]

FR 32228. On July 17, 2017, following the denial of its request for 
stay of the 180-day extension and/or for preliminary injunctive relief, 
Lennox voluntarily dismissed its lawsuit.
---------------------------------------------------------------------------

    \1\ The administrative stay was made publicly available on DOE's 
website on July 3, 2017: https://www.energy.gov/sites/prod/files/2017/07/f35/Grant%20of%20Administrative%20Stay%20Concerning%20Test%20Procedure%20For%20Cental%20Air%20Conditioners%20and%20Heat%20Pumps.pdf. The 
administrative stay was subsequently published in the Federal 
Register on July 13, 2017. 82 FR 32227. On September 14, 2017, the 
Natural Resources Defense Council filed a complaint in the U.S. 
District Court for the Southern District of New York challenging 
DOE's decision to issue the administrative stay.
---------------------------------------------------------------------------

Grant of JCI's Application for Interim Waiver

    As stated above, JCI submitted initial and amended petitions for 
waiver and interim waiver that raise concerns about the equity of the 
challenged test procedure provisions. JCI contends that the challenged 
test procedure provisions unfairly require central air conditioner 
systems that are approved for use with R-407C refrigerant and are 
offered as new, matched systems to be tested as outdoor units with no 
match. Under the outdoor unit with no match testing provisions, these 
systems are treated as replacement outdoor units, regardless of whether 
they are sold as new, matched systems or replacement outdoor units, and 
are rated using default indoor parameters that approximate the 
performance of an old, previously installed indoor unit. As such, JCI 
argues that the test procedure is not representative of the energy 
consumption of such central air conditioners when installed in the 
field as new, matched systems. JCI proposes to evaluate the 1,178 
system combinations listed in its amended waiver petition and certified 
in DOE's Compliance Certification Management System in a manner that is 
representative of the true energy consumption of these products when 
installed as new, matched systems, similar to how central air 
conditioners that use other refrigerants and are sold both as new, 
matched systems and as replacement outdoor units are treated under 
DOE's test procedure.
    While the administrative stay has been in place, DOE has continued 
to evaluate JCI's initial and amended petitions for waiver and interim 
waiver. Based on a review of these petitions and JCI's public-facing 
materials, it is DOE's current understanding that the basic models 
listed in JCI's amended petition, similar to central air conditioners 
that use other refrigerants, are offered as both matched, new systems 
and as replacement outdoor units for existing systems. As a result, DOE 
determined that JCI's amended petition for waiver would likely be 
granted and issued a decision granting JCI an interim waiver subject to 
certain conditions.

Lifting of the Administrative Stay

    In issuing the administrative stay, DOE determined that it was in 
the interest of justice to do so based on two concerns: (1) The 
potential for significant economic impacts for JCI resulting from a 
possibly unrepresentative test procedure; and (2) the desire to 
maintain a level playing field for all central air conditioner 
manufacturers. The issuance of the interim waiver removes the first 
concern and subjects the final determination on the waiver request to 
the administrative process, including a notice-and-comment period, in 
DOE's waiver regulations at 10 CFR 430.27. Further, even if DOE 
ultimately denies JCI's amended waiver petition, an administrative stay 
would still no longer be needed as DOE would have determined that the 
results of the test procedure issued in the January 2017 final rule 
accurately represent the energy use of JCI's products.\2\ In that case, 
there would be no concern about possible significant economic impacts 
to JCI resulting from an unrepresentative test procedure.
---------------------------------------------------------------------------

    \2\ DOE will grant a waiver from the test procedure requirements 
if the prescribed test procedures evaluate the basic model in a 
manner so unrepresentative of its true energy or water consumption 
characteristics as to provide materially inaccurate comparative 
data. 10 CFR 430.27(f)(2). JCI argues that the test procedure 
provisions in question result in materially inaccurate comparative 
data for the basic models listed in its amended petition.
---------------------------------------------------------------------------

    The waiver petition process also addresses the second concern as 
any manufacturer of a similar product may also submit a waiver 
petition. In fact, if DOE ultimately grants JCI's amended waiver 
petition, a manufacturer of a similar product would be required to 
submit a petition for waiver under DOE's regulations. 10 CFR 430.27(j). 
Further, DOE has determined that the waiver petition process is a 
better, more tailored approach to ensuring a level playing field as 
manufacturers are required to propose alternative test procedures to 
the test procedure from which the waiver is sought, which are then 
subject to potential modification and approval by DOE. 10 CFR 
430.27(b)(1)(iii). Because DOE explicitly approves alternative test 
procedures, there is no possibility of uncertainty regarding how a 
product subject to a waiver should be tested. This also allows DOE to 
ensure that manufacturers of similar products are making energy 
efficiency representations using the same alternative test procedure, 
which is essential for maintaining integrity in a market.
    Based on the foregoing reasons, DOE lifts the administrative stay 
issued on July 3, 2017.

    Signed in Washington, DC, on August 3, 2018.
Stephen C. Skubel,
Assistant General Counsel for Litigation.
[FR Doc. 2018-17187 Filed 8-10-18; 8:45 am]
 BILLING CODE 6450-01-P



                                                                                                                                                                                                      39873

                                              Rules and Regulations                                                                                         Federal Register
                                                                                                                                                            Vol. 83, No. 156

                                                                                                                                                            Monday, August 13, 2018



                                              This section of the FEDERAL REGISTER                    amending the test procedure and                       2017 final rule, these models would
                                              contains regulatory documents having general            certification, compliance, and                        need to be tested as outdoor units with
                                              applicability and legal effect, most of which           enforcement provisions for central air                no match under appendix M or M1.
                                              are keyed to and codified in the Code of                conditioners and heat pumps (CAC/HP).                    Also on March 3, 2017, JCI submitted
                                              Federal Regulations, which is published under           82 FR 1426. Among other changes, the                  to DOE a petition for a 180-day
                                              50 titles pursuant to 44 U.S.C. 1510.                                                                         extension of the requirement that JCI
                                                                                                      January 2017 final rule added a
                                              The Code of Federal Regulations is sold by              paragraph at 10 CFR 429.16(a)(3)(i)                   make efficiency representations for its
                                              the Superintendent of Documents.                        requiring, among other things, that                   GAW Series products in accordance
                                                                                                      central air conditioners and heat pumps               with the two new provisions of the
                                                                                                      be tested under the outdoor unit with no              January 2017 final rule. DOE granted
                                              DEPARTMENT OF ENERGY                                    match provisions if: (1) Any of the                   this request on June 2, 2017.
                                                                                                      refrigerants approved for use with an                    On April 6, 2017, JCI submitted to
                                              10 CFR Part 429                                         outdoor unit model is HCFC–22 or has                  DOE a petition for waiver and
                                              [EERE–2016–BT–TP–0029]                                  a 95 °F midpoint saturation absolute                  application for interim waiver from
                                                                                                      pressure that is +/¥ 18 percent of the                these two test procedure provisions. JCI
                                              RIN 1904–AD71
                                                                                                      95 °F saturation absolute pressure for                subsequently submitted an amended
                                                                                                      HCFC–22, or if there are no refrigerants              petition for waiver and application for
                                              Energy Conservation Program: Test
                                                                                                      designated as approved for use; or (2) a              interim waiver on June 5, 2018.
                                              Procedures for Central Air                                                                                       On May 31, 2017, JCI requested that
                                              Conditioners and Heat Pumps                             model of outdoor unit is not charged
                                                                                                      with a specified refrigerant from the                 DOE grant it an administrative stay of
                                              AGENCY:  Office of Energy Efficiency and                point of manufacture or if the unit is                the above described two provisions
                                              Renewable Energy, Department of                         shipped requiring the addition of more                pending judicial review of the January
                                              Energy.                                                 than two pounds of refrigerant to meet                2017 final rule. On June 6, 2017, JCI
                                              ACTION: Lifting of administrative stay.                 the charge required for testing per                   requested that DOE hold its stay request
                                                                                                      section 2.2.5 of appendix M or appendix               in abeyance, noting that DOE’s June 2,
                                              SUMMARY:    On July 3, 2017, the                        M1 (unless either (a) the factory charge              2017 grant of a 180-day extension of the
                                              Department of Energy (DOE) issued an                    is equal to or greater than 70% of the                date by which JCI must comply with the
                                              administrative stay postponing the                      outdoor unit internal volume times the                two provisions specified above obviated
                                              effectiveness of certain provisions of a                liquid density of refrigerant at 95 °F or             the need for an immediate grant of an
                                              final rule, published in the Federal                    (b) an A2L refrigerant is approved for                administrative stay. Subsequently, on
                                              Register on January 5, 2017. The                        use and listed in the certification                   June 29, 2017, Lennox International Inc.
                                              January 5, 2017 final rule amended the                  report).                                              (Lennox), a manufacturer of central air
                                              test procedure and certain certification,                  The original effective date of the                 conditioners and heat pumps, filed a
                                              compliance, and enforcement                             January 2017 final rule was February 6,               complaint in the U.S. District Court for
                                              provisions for central air conditioners                 2017. Subsequently, DOE delayed the                   the Northern District of Texas
                                              and heat pumps. Specifically, in issuing                effective date of the January 2017 final              challenging DOE’s decision to grant the
                                              the administrative stay, DOE stayed the                 rule until March 21, 2017 (82 FR 8985),               180-day extension to JCI.
                                              effectiveness of two provisions of the                  and then further delayed the effective                   On July 3, 2017, DOE issued an
                                              January 5, 2017 final rule that require                 date until July 5, 2017 (82 FR 14425; 82              administrative stay in accordance with
                                              outdoor unit models be tested under the                 FR 15457).                                            the Administrative Procedure Act (5
                                              outdoor unit with no match procedure                       On March 3, 2017, Johnson Controls,                U.S.C. 705).1 DOE’s determination to
                                              if they meet either of two enumerated                   Inc. (JCI) filed a petition for review of             issue the stay and postpone the
                                              conditions. By this action, DOE lifts the               the January 2017 final rule in the United             effectiveness of the two provisions was
                                              administrative stay of the two                          States Court of Appeals for the Seventh               based on JCI’s submissions that raised
                                              provisions.                                             Circuit. This litigation is subject to                concerns about significant potential
                                              DATES: As of August 3, 2018, the                        ongoing mediation. JCI manufactures                   impacts of the test procedure provisions
                                              administrative stay issued under 5                      outdoor units with an approved                        on JCI, as well as the desire to ensure
                                              U.S.C. 705, postponing the effectiveness                refrigerant that has a 95 °F midpoint                 that all manufacturers of central air
                                              of certain provisions of 10 CFR                         saturation absolute pressure that is +/¥              conditioners and heat pumps would
                                              429.16(a)(3)(i), was lifted.                            18 percent of the 95 °F saturation                    have the same relief granted to JCI. 82
                                              FOR FURTHER INFORMATION CONTACT: Mr.                    absolute pressure for HCFC–22. These                    1 The administrative stay was made publicly
                                              Pete Cochran, U.S. Department of                        same models are also shipped requiring                available on DOE’s website on July 3, 2017: https://
                                              Energy, Office of the General Counsel,                  the addition of more than two pounds                  www.energy.gov/sites/prod/files/2017/07/f35/
                                              1000 Independence Ave. SW,                              of refrigerant to meet the charge                     Grant%20of%20Administrative%20Stay%20
                                              Washington, DC 20585–0121. Phone:                       required for testing per section 2.2.5 of             Concerning%20Test%20
sradovich on DSK3GMQ082PROD with RULES




                                                                                                                                                            Procedure%20For%20Cental%20
                                              (202) 586–9496. Email: Peter.Cochran@                   appendix M or appendix M1, and the                    Air%20Conditioners%20and%20
                                              hq.doe.gov.                                             factory charge is not equal to or greater             Heat%20Pumps.pdf. The administrative stay was
                                              SUPPLEMENTARY INFORMATION:                              than 70% of the outdoor unit internal                 subsequently published in the Federal Register on
                                                                                                      volume times the liquid density of                    July 13, 2017. 82 FR 32227. On September 14, 2017,
                                              Background                                              refrigerant at 95 °F. Thus, under either              the Natural Resources Defense Council filed a
                                                                                                                                                            complaint in the U.S. District Court for the
                                                 On January 5, 2017, DOE published a                  of the two provisions that were added                 Southern District of New York challenging DOE’s
                                              final rule (January 2017 final rule)                    at 10 CFR 429.16(a)(3)(i) by the January              decision to issue the administrative stay.



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                                              39874             Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations

                                              FR 32228. On July 17, 2017, following                   significant economic impacts for JCI                      Signed in Washington, DC, on August 3,
                                              the denial of its request for stay of the               resulting from a possibly                               2018.
                                              180-day extension and/or for                            unrepresentative test procedure; and (2)                Stephen C. Skubel,
                                              preliminary injunctive relief, Lennox                   the desire to maintain a level playing                  Assistant General Counsel for Litigation.
                                              voluntarily dismissed its lawsuit.                      field for all central air conditioner                   [FR Doc. 2018–17187 Filed 8–10–18; 8:45 am]
                                              Grant of JCI’s Application for Interim                  manufacturers. The issuance of the                      BILLING CODE 6450–01–P

                                              Waiver                                                  interim waiver removes the first concern
                                                                                                      and subjects the final determination on
                                                As stated above, JCI submitted initial
                                                                                                      the waiver request to the administrative                DEPARTMENT OF TRANSPORTATION
                                              and amended petitions for waiver and
                                                                                                      process, including a notice-and-
                                              interim waiver that raise concerns about                                                                        Federal Aviation Administration
                                              the equity of the challenged test                       comment period, in DOE’s waiver
                                              procedure provisions. JCI contends that                 regulations at 10 CFR 430.27. Further,
                                                                                                      even if DOE ultimately denies JCI’s                     14 CFR Part 39
                                              the challenged test procedure provisions
                                              unfairly require central air conditioner                amended waiver petition, an                             [Docket No. FAA–2015–4007; Product
                                              systems that are approved for use with                  administrative stay would still no longer               Identifier 2015–SW–064–AD; Amendment
                                              R–407C refrigerant and are offered as                   be needed as DOE would have                             39–19351; AD 2018–16–11]
                                              new, matched systems to be tested as                    determined that the results of the test                 RIN 2120–AA64
                                              outdoor units with no match. Under the                  procedure issued in the January 2017
                                              outdoor unit with no match testing                      final rule accurately represent the                     Airworthiness Directives; Various
                                              provisions, these systems are treated as                energy use of JCI’s products.2 In that                  Model 234 and Model CH–47D
                                              replacement outdoor units, regardless of                case, there would be no concern about                   Helicopters
                                              whether they are sold as new, matched                   possible significant economic impacts to
                                                                                                                                                              AGENCY:  Federal Aviation
                                              systems or replacement outdoor units,                   JCI resulting from an unrepresentative
                                                                                                                                                              Administration (FAA), DOT.
                                              and are rated using default indoor                      test procedure.
                                              parameters that approximate the                                                                                 ACTION: Final rule.
                                                                                                         The waiver petition process also
                                              performance of an old, previously                       addresses the second concern as any                     SUMMARY:   We are adopting a new
                                              installed indoor unit. As such, JCI                     manufacturer of a similar product may                   airworthiness directive (AD) for various
                                              argues that the test procedure is not
                                                                                                      also submit a waiver petition. In fact, if              Model 234 and Model CH–47D
                                              representative of the energy
                                                                                                      DOE ultimately grants JCI’s amended                     helicopters. This AD requires
                                              consumption of such central air
                                                                                                      waiver petition, a manufacturer of a                    inspections of the pitch housing and
                                              conditioners when installed in the field
                                                                                                      similar product would be required to                    revising the pitch housing retirement
                                              as new, matched systems. JCI proposes
                                                                                                      submit a petition for waiver under                      life. This AD was prompted by reports
                                              to evaluate the 1,178 system
                                                                                                      DOE’s regulations. 10 CFR 430.27(j).                    of cracking in the pitch housing lugs.
                                              combinations listed in its amended
                                                                                                      Further, DOE has determined that the                    The actions of this AD are intended to
                                              waiver petition and certified in DOE’s
                                                                                                      waiver petition process is a better, more               detect and prevent an unsafe condition
                                              Compliance Certification Management
                                                                                                      tailored approach to ensuring a level                   on these products.
                                              System in a manner that is
                                              representative of the true energy                       playing field as manufacturers are                      DATES: This AD is effective September
                                              consumption of these products when                      required to propose alternative test                    17, 2018.
                                              installed as new, matched systems,                      procedures to the test procedure from                      The Director of the Federal Register
                                              similar to how central air conditioners                 which the waiver is sought, which are                   approved the incorporation by reference
                                              that use other refrigerants and are sold                then subject to potential modification                  of certain documents listed in this AD
                                              both as new, matched systems and as                     and approval by DOE. 10 CFR                             as of September 17, 2018.
                                              replacement outdoor units are treated                   430.27(b)(1)(iii). Because DOE explicitly               ADDRESSES: For service information
                                              under DOE’s test procedure.                             approves alternative test procedures,                   identified in this final rule, contact
                                                While the administrative stay has                     there is no possibility of uncertainty                  Boeing Helicopters, The Boeing
                                              been in place, DOE has continued to                     regarding how a product subject to a                    Company, 1 S. Stewart Avenue, Ridley
                                              evaluate JCI’s initial and amended                      waiver should be tested. This also                      Park, PA 19078, telephone 610–591–
                                              petitions for waiver and interim waiver.                allows DOE to ensure that                               2121, and Columbia Helicopters, Inc.
                                              Based on a review of these petitions and                manufacturers of similar products are                   (Columbia), 14452 Arndt Road NE,
                                              JCI’s public-facing materials, it is DOE’s              making energy efficiency                                Aurora, OR 97002, telephone (503) 678–
                                              current understanding that the basic                    representations using the same                          1222, fax (503) 678–5841, or at http://
                                              models listed in JCI’s amended petition,                alternative test procedure, which is                    www.colheli.com. You may review a
                                              similar to central air conditioners that                essential for maintaining integrity in a                copy of the referenced service
                                              use other refrigerants, are offered as                  market.                                                 information at the FAA, Office of the
                                              both matched, new systems and as                                                                                Regional Counsel, Southwest Region,
                                                                                                         Based on the foregoing reasons, DOE
                                              replacement outdoor units for existing                                                                          10101 Hillwood Pkwy, Room 6N–321,
                                                                                                      lifts the administrative stay issued on                 Fort Worth, TX 76177.
                                              systems. As a result, DOE determined
                                                                                                      July 3, 2017.
                                              that JCI’s amended petition for waiver                                                                          Examining the AD Docket
                                              would likely be granted and issued a                      2 DOE   will grant a waiver from the test procedure     You may examine the AD docket on
                                              decision granting JCI an interim waiver
sradovich on DSK3GMQ082PROD with RULES




                                                                                                      requirements if the prescribed test procedures
                                              subject to certain conditions.                          evaluate the basic model in a manner so
                                                                                                                                                              the internet at http://
                                                                                                      unrepresentative of its true energy or water            www.regulations.gov by searching for
                                              Lifting of the Administrative Stay                      consumption characteristics as to provide               and locating Docket No. FAA–2015–
                                                In issuing the administrative stay,                   materially inaccurate comparative data. 10 CFR          4007; or in person at the Docket
                                                                                                      430.27(f)(2). JCI argues that the test procedure
                                              DOE determined that it was in the                       provisions in question result in materially
                                                                                                                                                              Operations Office between 9 a.m. and 5
                                              interest of justice to do so based on two               inaccurate comparative data for the basic models        p.m., Monday through Friday, except
                                              concerns: (1) The potential for                         listed in its amended petition.                         Federal holidays. The AD docket


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Document Created: 2018-08-11 00:27:35
Document Modified: 2018-08-11 00:27:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionLifting of administrative stay.
DatesAs of August 3, 2018, the administrative stay issued under 5 U.S.C. 705, postponing the effectiveness of certain provisions of 10 CFR 429.16(a)(3)(i), was lifted.
ContactMr. Pete Cochran, U.S. Department of Energy, Office of the General Counsel, 1000 Independence Ave. SW, Washington, DC 20585-0121. Phone: (202) 586-9496. Email: [email protected]
FR Citation83 FR 39873 
RIN Number1904-AD71

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