### 32349 

# Proposed Rules

This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.



### DEPARTI)AENT OF ENERGY

Office of Conservation and Renewable Energy

10 CFA Part 430

[Docket No. CE-RP0-69-1011

Energy Conservation Program for Consumer Products; Inquiry Concerning a Petition for Rulemaking Regarding Portable

, Windowless, Single-Package Type Air Conditioners

AGENCY: Office of Conservation and Renewable,Energy, DOE. ACTION: Notice of Inquiry.

SUMMARY: The Energy Policy and Conservation Act (SPCA), as amended by the National Energy Conservation Policy Act (NECPA), the National Appliance Energy Conservation Act of 1987 (NAECA), and the National Appliance Energy Conservation Amendments of 1988 (NAECA 1988) requires the Department of Energy (DOE) to administer an energy conservation program for certain major household appliances. Among other program elements, the legislation requires that standard methods of testing be prescribed for covered products. On March 20, 1989, DeLonghi America Inc. (DeLonghi) submitted a petition for rulemaking requesting that the Department's appliance program be expanded to include portable, windowless, single-package type air conditioners and that a test procedure for determining efficiency and capacity be established for these products.'The purpose of today's notice is to publish the DeLonghi petition and gather data, comment and information from interested parties concerning the DeLonghi petition. Due to the length of the DeLonghi proposed test procedure (Attachment A) it is not published in this notice but is available upon request from DOE. DATE: DOE will accept comments, data and information not later than October 6, 1989.
ADDRESS: Written comments and requests for the proposed test procedure shall be sent to: Department of Energy, Office of Conservation and Renewable Energy, Hearings and Dockets, CE-43.1, Docket No. CE-R.^I-89-101, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-9320.
FOR FURTHER INFORMATION CONTACT. Douglass S. Abramson, U.S. Department of Energy, Office of Conservation and Renewable Energy, Forrestal Building. Mail Station, CE-132, 1000 Independence Avenue, SW., Washington, DC 20595, (202) 586-9127. Eugene Margolis, Esq., U.S. Department of Energy, Office of General Counsel,Forrestal Building, Mail Station, GC12,1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-9507.

SUPPLEMENTARY INFORMATION: Background The Energy Conservation Program for Consumer Products (other than automobiles) was established pursuant to the Energy Policy and Conservation Act (EPCA), Public Law 94-163, 89 Stat. 917, as amended by the National Energy Conservation Policy Act (NECPA), Public Law 95-619, 92 Stat. 3266, the National Appliance Energy Conservation Act of 1987 (NAECA), Public Law 100--12, and the National Appliance Energy Conservation Amendments of 1988 (NAECA 1988), Public Law 100-357, which requires DOE to prescribe standardized test procedures to measure the energy consumption of certain consumer products, including room air conditioners. The intent of the test procedures is to provide a comparable measure of energy consumption that will assist consumers in making purchasing decisions. These test. procedures appear at 10 CFR part 430, Subpart B and include both room and central air conditioners. On March 20, 1989, DeLonghi America Inc. (DeLonghi) submitted a petition for rulemaking to the Department of Energy requesting that the Secretary create a new covered product for portable, windowless, single-package type air conditioners (PWAC) and establish test procedures for this product. DeLonghi, in its petition, proposed a test procedure which it feels will provide accurate and Federal Register

Vol. 54, No. 150

Monday, August 7, 1989

fair ratings for comparison with other air conditioning products. A portable, windowless air conditioner is a unit that includes an evaporator, a condenser, and a compressor which is assembled in a cabinet that can be moved from room to room. In this unit, the condenser is located indoors within the cabinet. The condenser has no contact with outdoor air as in a window-type room air conditioner. Water is used to cool the condenser in this appliance. Within the cabinet there is a water tank which must be refilled at intervals depending upon temperature setting, ambient temperature, humidity level, and timer setting, among other factors.
The water tank is located in a water basin and a water pump provides water circulation over the hot coils of the condenser. The water cooling the condenser evaporates into steam and a ventilator fan discharges this steam through an exhaust hose outside the conditioned room. The exhaust hose is generally fitted into either a window bracket, or an opening may be placed thorugh a wall. It is also possible to place the hose outside of the area or room being cooled but still within the building structure.
DOE has defined a room air conditioner as a product designed for"mounting in a window or through-thewall for the purpose of providing delivery of conditioned air to an enclosed space." Since a PWAC is for application in a room and is not designed for through-the-wall or window installation, a PWAC does not fall within the definition for a room air conditioner. EPCA, as amended, defines a central air conditioner as "a product, other than a packaged terminal air conditioner, which (A) is powered by single phase electric current, (B) is air cooled * * *." Because the DeLonghi unit is water cooled it does not fall within the definition for a central air conditioner. Therefore, DOE has determined that a PWAC is neither a room nor central air conditioner for the purpose of the Department's energy conservation program for consumer products. DeLonghi in its petition requests that a new covered product be created in category 14 in accordance with section 322(b) of the Act, 

# ..... 

# Proposed Rules

This section of the FEDERAL REGiSTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

DEPARTMENT OF ENERGY

Office of Conservatioll and Renewable Energy

10 CFR Part 430

[Docket No. CE-RM-I%HOil

Energy Conservation Program for Consumer Products; Inquiry Concerning a Petition for Rulemaking Regarding Portable, Windowless,**Single·Pac\(ag~** Type Air Conditioners

AGENCY: Office of Conservation and Renewable'Energy. DOE.

ACTION: Notice ofInquiry.

SUMMARY: The Energy Policy and Conservation Act (EPCA). as amended by the National Energy Conservation Policy Act (NECPA). the National Appliance Energy Conservation Act of 1987 (NAECA), and the National Appliance Energy Conservation Amendments of 1988 (NAECA 1988) requires the Department ofEnerg'f (DOE) to administer an energy conservation program for certain major household appliances, Among other
program elements. the legislation requires that standard methods of testing be prescribed for covered products.

OnMarch 20. 1989. DeLonghi America Inc. (DeLonghi) submitted a petition for rulemaking requesting that the Department's appliance program be expanded to include portable. windowless, single-package type air conditioners and that a test procedure for determining efficiency and capacity be established for these products.The
purpose sftoday's notice is to publish the DeLonghi petition and gather data.
comment and information from interested parties concerning the DeLonghi petition. Due to the length of the DeLonghi proposed test procedure (Attachment A) it is not published in this notice but is available upon request from DOE. 

### =

DATE: DOE will accept comments. data and information not later than October 6.1989.

ADDRESS: Written comments and 

### requests for the proposed test procedure shall be sent to: Department ofEnergy, Office ofConservation and Renewable**EIlerg~',** Hearings and Dockets. CE-43.1, Docket No. CE-R.i\1-89-101. 1000 Independence Avenue. SW., "INashington. DC 20585. (202) 586-9320.

FDR**FURn~ER 1':~!"Ol'lMATION**  CONTACT: Douglass S. Abramson. U.S. Department

ofEnergy. Office ofConservation and Renewable Rl1ergy, Forrestal Building. },1ail Station. CE-13Z. 1000 Independence Avenue, SW.• Washington, DC 20595. (202) 586-9127. Eugene Margolis. Esq.• U.S. Department



### ofEnergy, Office ofGeneral Counsel, Forrestal Building. Mail Statiqn, GC12,1000Independence Avenue, 

### SW., Washington. DC 20585, (202) 586-9507.

SUPPl.EMENTARY INFO!'iMATiON: Backgrol.l.;ld

The Energy Conservation Program for Consumer Products (other than automobiles) was established pursuant to the Energy Policy and Conservation Act (EPCA). Public Law 94-163. 89 Stat. 917. as amended by the National Energy Conservation Policy Act (NECPA). Public Law 95-619, 9Z Stat. 3266. the National Appliance Energy Conservation Act of 1987 (NAECA). Public Law 1.00.-12. and the National Appiiance Energy Conservation Amendments of 1988 (NAECA 1988). Public Law 100-357. which requires DOE
to prescribe standardized test procedures to measure the energy consumption ofcertain consumer products, including room air conditioners. The intent ofthe test procedures is to provide a comparable

measure ofenergy consumption that will assist consumers in making purchasing decisions. These test.procedures appear at 10 CFR part430, Subpart Band include both room and central air condHioners.

On March 20. 1989. DeLonghi America Inc. (DeLonghi) submitted a petition for rulemaking to the Department ofEnergy requesting that the Secretary create a

new covered product for portable. windowless. single-package type air conditioners (PWAC) and establish test procedures for this product. DeLonghi. in its petition, proposed a test procedure which it feels will provide accurate and 

### 32349 

# ==

Feder8.l Register

VoL 54; No. 150

Monday. August 7. 1989

fair ratings for comparison with other air conditioning products.

A portable. windowless air conditioner is a unit that includes an evaporator. a condenser. and a compressor which is assembled in a cabinet that canbe moved from room to
room, 

### In this 

### unit. the condenser is located indoors within the cabinet. The condenser has no contact with outdoor air 

### as in a Window-type room air conditioner. Water is used to cool the condenser in this appliance. Within the cabinet there is a water tank which must be refilled at intervals depending upon temperature setting, ambient temperature. humidity level, and timer setting. among other factors.

The water tank is located in a water basin and a waterpump provides water circulation over the hot coils of the condenser. The water cooling the

. condenser evaporates into steam and a ventilatorfan discharges this steam through an exhaust hose outside the

. conditionedroom. The exhausthose IS generally fitted into either 

### a window bracket, or an opening may be placed thorugh a wall. It is also possible to place the hose outside ofthe area or

room being cooled but still within the building structure.

DOEhas defined a room air conditioner as a product designed for "mounting in a window or through-the· waH for the purpose of providing delivery ofconditioned air to an enclosed space." Since a PWAC is for application in a room and is not designed for through-the-wall or window installation, a PWAC does not fall within the definition for a room air conditioner.

EPCA. as amended, defines a central air conditioner as "a product, other than

a packaged terminal air conditioner, which (A) is poweredby single phase electric current. (B) is air cooled * • •." Because the DeLonghi unit is water cooled it does not fall within the definition for a central air conditioner.

Therefore, DOE has determined that a PWAC is neither a roCh'll nor central air conditioner for the purpose ofthe Department's energy conservation
program for consumer products.

DeLonghi in its petition requests that

a new coveredproduct be created in category 14 in accordance with section 322(b) of the Act.

### 32350 Federal Register / - Vol. 54, No. 150 / Monday, August 7, 1989 / Proposed Rules

Section 322(b) states that the Secretary "may classify a type of consumer product if he determines that 

### (A) classifying products of such type as covered products is necessary to carry out the purpose of this Act, and (B) average annual per household energy use by products of such type is likely to exceed 100 kilowatt-hours (or its BTU equivalent) per year." DeLonghi has not provided sufficient information to enable the Secretary of Energy to determine what the average annual per household energy use of the product is and how this product fulfills the purpose of this Act. In addition, DOE must determine whether the product is a consumer product as defined by section 321(a)(1) of the Act. DeLonghi has not shown that its product is distributed in commerce or has the potential to be distributed in commerce for personal use or consumption by individuals. DeLonghi has proposed a test procedure in its petition for rulemaking on which DOE invites comment. The test procedure submitted provides definitions relevant to the PWAC, rating conditions, classification methods, testing and rating requirements, performance requirements (at specific test conditions), cooling capacity calculations, and safety requirements. DOE requests that comments on the DeLonghi petition address the following- * Whether it is necessary to add this product to the program; • Whether this is a covered product, i.e. whether the product should be considered either a room air conditioner or a central air conditioner; • Whether the product is distributed in commerce to a significant extent for personal use; 

### • What is the product's annual household energy consumption; and • Whether the recommended test procedure is appropriate for use in rating the product's annual energy consumption and efficiency. Copies of the DeLonghi proposed test procedure are available by contacting DOE at (202) 586-•9127, or by writing to the Department at the address given earlier.
List of Subjects in 10 CFR Part 430
Administrative practice and procedures, Energy Conservation, Household appliances.
Issued in Washington, DC, July 31, 1989. John R. Berg,

Assistant Secretary. Conservation and Renewable Energy.
March 20,1989. .Mr. Michael J. McCabe Supervisors Engineer, Office of Conservation and Renwable Ene gy, United States Department of Energy, Room 5H048, Forrestal Building, 1000 Independence A venue, SW, Washington, DC 20585.

Re: Petition for Rulem aking for Proposed Test Procedure for Determining CoolingCapacity of Movable, Windowless, SinglePackage Type Air-Conditioners Dear Mr. McCabe: DeLonghi America, Inc. is submitting under cover of this letter a petition for rulemaking to develop a test procedure for rating the cooling capacity of movable, windowless, single-package type air-conditioners ("portable, windowless air conditioners"). DeLonghi produces and markets the "Pinguino" portable windowless air conditioner. Incorporated into the petition for rulemaking is a standard developed by DeLonghi (Attachment A) which it believes is reasonably designed to produce test results which measure the cooling capacity of the product during a representative use and which should not be unduly burdensome to conduct, consistent with the requirements of 42 USC 6293('0)(3). As you know, DeLonghi recently obtained opinions from the DOE and the Federal Trade Commission that, because of its design and use, this product is not a room air conditioner, as defined by DOE and FTC requirements, and that, therefore, the Pinguino is not a covered product under DOE's conservation program for consumer products or the FTC appliance labeling rules. In addition to requesting this interpretation of the law, DeLonghi explained that as a technical matter the existing test procedure for room. air conditioners (Appendix F to Subpart B of 10 CFR, Part 430) is inapplicable to this type of product. Further, DeLonghi committed to develop an appropriate test procedure to be considered by DOE, and in the longer term to propose an appropriate energy labeling requirement so that in the future consumers of this product will benefit from the FTC energy information and labeling program. The attached proposal which we wish DOE to consider is DeLonghi's first step in fulfilling this commitment. If, before it publishes a proposed rule and initiates a rulemaking on DeLonghi's proposal, DOE has questions regarding the proposed test procedures or requires further data or revisions to the test procedure, DeLonghi would be happy to provide any further data or information. If a meeting with DOE staff, including a demonstration of a Pinguino model, would be helpful, we would be happy to make appropriate arrangements at your convenience. If you believe that revisions are necessary to the petition for rulemaking or the proposed test procedure before it is published in the Federal Register, or that it has any significant deficiencies impeding a rulemaking, we would appreciate it if you would contact us before taking any official action. We recognize that the process of developing a suitable test procedure for this product will require input from many sources, and we will be happy to discuss this issue and exchange views and information with any interested party. Although we believe that the Pinguino may be the only product of this type presently sold in the United States, it is our expectation that similar models will be sold in the United States in the future. Therefore, it is. consistent with the purposes of the energy conservation program to develop a DOE test procedure for this product type. Sincerely yours,
James K. McCusker
Petition for Rulemaking

I. Introduction.
Pursuant to 5 U.S.C. 553(e), DeLonghi America Inc., 625 Washington Avenue, Carlstadt, New Jersey 07072, on behalf of itself and its parent company, DeLonghi S.P.A. of Italy, a consumer and appliance products manufacturer (both entities hereinafter referred to collectively as "DeLonghi"), respectfully files this petition seeking initiation of a rulemaking. In the rulemaking, DeLonghi requests that DOE: (1) establish and define as a separate covered consumer product the "movable, windowless, single-package type air-conditioner," pursuant to 42 U.S.C. 6292(a) and (b), and (2) prescribe a new test procedure for determining the cooling capacity in Btu's per hour which can be used to determine and express the energy efficiency ratio for this product, pursuant to 42 U.S.C. 6293(b). In section 3.0 of the proposed test procedure, which is Attachment A ' to this petition, DeLonghi provides a proposed definition for this product which if adopted, would be added to the definitions in 10 CFR 430.2. The proposed test procedure, if adopted, would be added as an Appendix to Subpart B of 10 CFR Part 430.
Ii. Description of the Movable,Windowless, Single-Package Type AirCorditioner (Hereinafter 'portable, windowless air conditioner').
DeLonghi produces and markets the "Pinguino," a portable, windowless air conditioner meeting the description in section 3.0 of the attached proposed test procedure. Although DeLonghi believes that the Pinguino is presently the only product of this type sold in the United States, similar products are 

### manufactured and sold elsewhere in the world by other firms, and DeLonghi believes that some of these products will be sold in the United States in the future. Attachment B to this petition are technical descriptions of the Pinguino as an example of this product type. In brief, the portable windowless air conditioner is a unit which includes an evaporator, a

' Attachment A is available upon request from DOE. 

### 32350 Federal Register / Vol. 54, No. 150 

## I Monday, August 7, 1989 / Proposed Rules



# ... a:a:s b 'imP ;"1'5 l!t:m!WL2LW = H E



### Section 322(b) states that the Secretary "may classify a type of

consumer product 

### ifhe d(lterniines 

### that

(A) classifying products of such type

as covered products is necessary 

### to carry out the purpose ofthis Act, and

(B) 

### average annual perhousehold
energy use byproducts of such type is likely to exceed 100 kilowatt"hours (or its BTU 

### equivalent) per year."

DeLonghi has not provided sufficient information to enable the Secretary of Energy to determine what the average annual per household energy use ofthe product is and how this product 

### fulfills the purpose ofthis Act.

In addition, DOE must determine whether the product 

### is a consumer product as defined by section 321(a)(1) ofthe Act. DeLonghi has not shown that its product is distributedin commerce or has the potential to be distributed in

commerce for personal use or consumption by individuals.

DeLonghi has proposed a test procedure in its petition for rulemaking

on which DOE invites comment. The test procedure submitted provides definitions relevant to the PWAC, rating conditions, classification methods, testing and rating requirements, performance requirements (at specific
test conditions), cooling capacity calculations, and safetyrequirements.

DOE requests that comments on the

> 

### DeLonghi petition address the following:

• Whetheritis necessary to add this product to the program;

• Whether this is a coveredproduct, i.e. whether the product should be considered either a room air conditioner

or 

### a central 

### air conditioner;

• Whether the product is distributed in commerce to 

### a signifi'cant extentfor personal use;

• What is t.l-te product's annual household energy consumption; and

• Whetherthe recommended test procedure is appropriate for use 

### in rating the product's annual energy consumption and efficiency.

Copies ofthe DeLonghi proposed test proced.]JIe are available by contacting DOE at (202) 586-9127. orby writing to 

### the Department at the address given earlier.

List 

### ofSubjects in 10 CFR Part 430



### Administrative practice and procedures, Energy Conservation, Household appliances.

Issued inWashington, DC, July 31,1989.
John R. Berg,
AssistantSecretary. Conservation and RenewableEnergy.

March 20, 1989.
.Mr. Michael

### J. McCabe Supervisor'/Engineer,'Office ofConservation andRenwab!eEnergy, UnitedStates Departmentof Energy, Room5H048, Forre-stalBuilding, 1000Independence A venue, Sw., Washington, DC20585.
Re: PetitionforRulemakingforProposed TestProcedurefor Determining Cooling Capacityof Movable, Windowless, SingfePackage TypeAir-Conditioners

Dear Mr. McCabe: DeLonghi America, L,c.

.is submittingunder cover of this letter a petition for rulemaking to develop a test procedure for rating the cooiing capacity of movable, windOWless, single-package type air-conditioners ("portable, windowless air conditioners").

DeLongbi produces and markets the "Pinguino" portable windowless air conditioner. Incorporated into the petiti(Jn for rulemaking is a standard developed by DeLonghi (AttachmentA) which it believes is reasonably designed to produce test results which measure the cooling capacity ofthe product during a representative use and which should not be unduly burdensome to conduct, consistent with the requirements of
42 USC 6293fo}(3}.

As you know, DeLonghi recently obtained opinions from the DOE and the FederalTrade Commission that, because ofits design and

use, this product is not a room air conditioner, as defined by DOE and FTC requirements, and t.'lat, therefore, the Pinguino is not a covered product under DOE's conservation programfor consumer products or the FI'C appliance labelil'.g rules.

In addition to requesting this interpretation of the law. DeLonghi explained that as a technical matter the existing test procedure for room.air conditioners (Appendix F to Subpart B of 10 CFR, Part 430) is inapplicable
to this type ofproduct. Further, DeLonghi

. committed to develop an appropriate test procedure !o be considered byDOE, and in the longer term to propose an appropriate
energy labeling requirement sothat in the future consumers of this product will benefit' from the FTC energy information and labeling
program. The attached proposal which we wishDOEto consider is DeLonghi's first step in fulfilling this commitmeni.

If,**~efore** it publishes a proposed rule and initiates a rulemaking on DeLonghi's proposal. DOE has questions regarding the proposed test procedures orrequires further data orrevisions to the test procedure, DeLonghi wouldbe happy to provide any further data or information. Ifa meeting with DOE staff. including a demonstration ofa Pinguino model, would be helpful, we would be happy to make appropriate arrangements at your convenience. Ifyou believe that revisions are necessary to the petition for rulemaking orthe proposed test procedure before itis publishedin the Federal Register,

or that ithas any significant deficiencies impeding a rulemaking, we would appreciate it ifyou would contact us before taking any official action.

We recognize that the process of developing a suitable test pr.ocedure for this product will require input from many sources, and we will be happy to discuss this issue and exchangeviews and information with
any interestedparty. Although we believe that the Pinguino may be the only product of this typepresently sold in the Ulliled States, itis our expectation that similar models will be sold in the United Statesin the future. Therefore, it is .consistent with the purposes .ofthe energy conservation program to develop a DOE test procedure for this product type. Sincerely yours, James K. McCusker



### Petition for Rulemaking



### L Introduction.

Pursuant to 5 U.S.C. 553(e), 

### DeLonghi America Inc., 

### 625 Washington Avenue, Carlstadt, New Jersey 07072, on behalf ofitself and 

### its parent company, DeLonghi S.P.A. 

### .ofItaly, a consumer and appliance products manufacturer (both entities hereinafter referred to collectively as "DeLonghi"), respectfully files this petition seekinginitiation ofa rulemaking. In the rulemaking, DeLong.J.li requests that DOE: (1) establish and define as a separate covered consumer product the "movable, windowless, single-package type air-conditioner," pursuant to 42 U.S.C. 6292(a) and (b), and (2) 

### prescribe 

### a new test procedure fordetermining the cooling capacityin Btu's perhour which can beused t.o determine and express the energy efficiency ratio for this product, pursuant to 42 U.S.C. 6293(b

## J.

In section 3.0 ofthe proposed test procedure, which is Attachment A 1 to 

### this petition, DeLonghi provides a proposed defmition for this product which ifadopted, would be added to 

### the definitions in 10 CPR 

### 430.2. The proposed test procedure, ifadopted, would be added as an Appendix to SubpartB 

### of10 CFR Part430.



### IL Description ofthe MovaMe, Windowless, Single-Package TypeAirConditioner(Hereinafter ''portable, windowless airconditioner''),

DeLonghi produces and markets the "Pinguino," a portable, windowless air conditioner meeting the description in section 3.0 ofthe attached proposed test procedure. Although DeLonghi believes that the Pinguino is presently the only product ofthis type soldin the UI'Jted States, similar products are manufactured and sold elsewhere in t.lte world by otherfirms, and DeLonghi believes that some ofthese products will be sold in the United States in the future.

AttachmentB to this petition are technical descriptions ofthe Pinguino as

an example ofthis product type. Inbrief. the portable windowless air conditioner is a unit which includes an evap.orator, a

I Attachment A is available upon request from DOE.

### Federal Register / Vol. 54, No. 150 / Monday, August 7, 1989 / Proposed Rules

compressor, and a condenser. These components are assembled in a portable cabinet,which can be moved from room to room. Unlike the window-type room air conditioner in which the condenser is outdoors (exterior to the structure), in this unit the condenser is indoors within the cabinet. The condenser has no contact with outdoor air and therefore is not cooled by contact with outdoor air as is a window-type room air conditioner. Water is used to cool the condenser in this appliance. Within the cabinet there is a water tank which must be refilled at intervals depending upon the temperature setting, ambient temperature, humidity level, and timer setting, among other factors. The water tank is located in a water basin and a water pump provides water circulation over the hot coils of the condenser. The water cooling the condenser evaporates into steam and a ventilator fan discharges this steam through an exhaust hose outside the conditioned room. The exhaust hose is generally fitted into either a window bracket, or an opening may be placed through the wall. It is also possible to place the hose outside of the area or room being cooled but still within the building structure. There are a variety of potential uses for the portable, windowless air conditioner, some of which functionally fall between common uses of windowroom air conditioners and uses of socalled spot air conditioners which are commonly used in industrial applications: A partial listing of applications for this product include: -Spot air conditioning for computer hardware and communications equipment rooms -Air conditioning medical offices or other similar rooms where window units are impractical or are considered to take up too much light and/or may be considered to be too noisy -Air conditioning rooms in apartments or other dwellings having windows not conducive for installation of window room air conditioners or where such installation is not desirable 

### -Office and commercial space needing air conditioning in off hours where central air conditioning may not be operating or would be uneconomically employed, such as during weekends.
HL Need For A Separate Test Procedure For Portable, Windowless Air Conditioners.
DeLonghi requested on September 29, 1988 an interpretation from DOE and the Federal Trade Commission ("FTC") essentially that the Pinguino is not a "room air conditioner" or "covered product" as defined by DOE and FTC regulations, respectively. On October 14, 1988, DOE provided an opinion that the Pinguino is not a "room air conditioner" as defined by DOE or a covered product under the Department's Energy Conservation Program for Consumer Products. In particular, DOE noted that it "defines a room air conditioner as 'an encased assembly designed as a unit for mounting in a window or through the wall.' The 'Pinguino' is not designed for this manner of installation; therefore, it is not a room air conditioner as defined by the DOE." The FTC staff followed on November 22, 1988 with an opinion that the Pinguino is not a "covered product" under the Commission's labeling rule because it does not meet the definition of a room air conditioner in § 305.31'e) of the rule (16 CFR part 305). Staff also stated that the Pinguino is not a consumer appliance product under§ 305.2(n) of the rule because, asindicated by DOE, there is no final test procedure for the Pinguino. Although these opinions clarified the Pinguino's federal regulatory status, DeLonghi stated then and reiterates now that it would be desirable for consumers if the Pinguino and similar products had an applicable test procedure for measuring energy consumption and were subject to energy labeling requirements similar to those now imposed on room air conditioners. However, in order to achieve those goals it will be necessary to develop a separate test procedure for portable, windowless air conditioners. The existing room air conditioner test procedure cannot simply be extended to the Pinguino through a revision in the definition of room air conditioner. The Pinguino type of product is designed such that the existing test procedure fails to measure its energy consumption characteristics accurately. The ventilating (condenser) fan which discharges steam from the exhaust hose must draw air from the conditioned room, unlike conventional room air conditioners where the condenser is mounted in a manner so that condenser fan draws air from the outside. A ventilating or condenser fan discharges steam from the exhaust hose which runs from the unit to either the exterior or outside the conditioned area. This discharge of air from the room being cooled results in replacement air coming into the room from somewhere else, and that must necessarily be either from some other interior room or area or possibly from the outside of the building depending on air leakage conditions. 

### 32351

The existing test procedure treats the exhaust air as being totally replaced by 95° ambient ventilating air from the outside because it provides for venting to maintain air pressure between the inside cooling area and the outside 95° air. This treatment is technically incorrect and inappropriate for this kind of air conditioner because most of the "replacement" air is introduced from other rooms or areas adjacent to the conditioned room with far less negative impact on the BTU/hr. rating (and thus the EER) than would occur if "replacement" air came entirely from the higher temperature exterior area, This statement of the deficiency or limits in the DOE test procedure is not intended to be derogatory of the significant value of that test procedure for the types of units for which it was designed. It simply points out the need for a new, separate procedure for a functionally different unit. As DeLonghi committed at the time of its interpretational request to DOE, it has developed and presents as Attachment A a test procedure designed to accurately determine the cooling capacities of "movable, windowless, single-package type air conditioners." DeLonghi believes that this test procedure complies with the requirements of 42 U.S.C. 6293(b)(3). It welcomes, however, the views of DOE and the technical community as consideration of its petition proceeds. [FR Doc. 89-18422 Filed 8-4-89; 8:45 am]
MUNG CODE 6456-01-hi 

### Federal 

### Register 

## I Vol. 54, 

### No. 150 

## I Monday, August 

### 7, 1989 

## I Proposed Rules 

## 32351

compressor. and a condenser. These components are assembled in 

### a portable cabinet,which canbe moved from room to room. Unlike the window-type room airconditionerin which the condenser is outdoors (exterior to the structure). 

### in this unit the condenser is indoors within the cabinet. The condenserhas no 

### contact with outdoor air and therefore is
not cooled bycontactwith outdoor air

as is a window-type room air conditioner. Water is 

### used to cool the condenser in

### this appliance. WiihiIi 

### the cabinet there is 

### a water 

### tankwhichmust 00 refilled atintervals dependingupon the temperature setting. ambient

. temperature. humidity level. 

### and timer setting. among other factors.

The watertank is located in a water basin and a waterpUU1P provides water circulation over the hot coils ofthe condenser. The water cooling the condenser evaporates into steam and a ventilator fan discharges this steam through an exhausthose outside the conditioned room. The exhausthose is generally fitted 

### into either a window bracket, or 

### an opening maybe placed through the wall. It

### is also possible to place the hose outside ofthe area or

room being cooled but still within the building structure.

There are a variety ofpotential uses for the portable, windowless air conditioner, some ofwhich functionally fall between common uses 

### ofwindow

room air conditioners anduses ofsocalled spot air conditioners which are commonly used in

### industrial applications.,A partial listing of applications for this product include: -Spot air conditioning for computer

hardware and communications equipment rooms -Airconditioning medical offices or

other similar rooms where window units are impractical or are considered to take up too much light and!or may be considered to be too noisy -Airconditioning rooms in apartments

or other dwellings having windows
not conducive for installation of window room air conditioners or where such installation is not desirable -Office and commercial space needing

air conditioning 

### Ll1 offhours where central air conditioning may not be operating or would be ll.'1economically employed, such as during weekends.



### HI. NeedForA Separate TestProcedure 

### ForPortable. Windowless 

### Air Conditioners.

DeLonghi requested onSeptember 29. 1988 

### aninterpretationfrom DOE and the Federal Trade Commission ("FTC") 

### essentially that the Pinguino is not a "room air 

### conditioner" or "covered product" as defined byDOE andFTC regulations, respectively. OnOctober 14. 1988. 

### DOE provided an opinion that the Pinguino is not a "room air conditioner"

as definedbyDOE ora coveredproduct under the Department's EIlergy Conservation Program for Consumer Products. In 

### particular. DOEnoted that it 

### "defines a room air conditioner as 'an encasedassembly designed as a unit for 

### mounting in a 

### window orthrough the wall.' The 'Pinguino' is not designed for this manner ofinstallation; therefore. it 

### is not a room air conditioner as defined by the DOE."

The FTC 

### stafffollowed on November 22,1988 

### with 

### an opinion that the Pinguino is not a "coveredproduct" under the Commission's labeling rule because it

### does not meet the definition ofa room air conditioner in § 

### 305.3fe} of the rule (16 

### CPR part 305). Staffalso statedthatthe Pinguino is not a

consumer appliance product under § 

### 305.2(n) ofthe rule because, as·

-indicated

### by DOE. there is no fmal test procedure for the Pinguino.

Although these opinions clarified the Pinguino's fe9.eral regulatory status, DeLonghi stated then and reiterates now thatitwould be desirable for consumers ifthe Pinguino and similar products had

an applicable testprocedure for 

### measuring energy consumption and

were subjectto energy labeling requirements sinlilar to thosenow imposedonroom air 

### conditioners. However. in order to achieve those goals it 

### will be necessary to develop a separate testprocedure forportable. windowless air conditioners.

The existing room airconditioner test procedure cannot simply be extended to the Pinguino through a revision in the definition ofroom air conditioner. The Pinguino type ofproduct is designed suchthat the existing testprocedure fails to measure its energyconsumption characteristics accurately. The ventilating (condenser) fan which discharges steamfrom the exhausthose
must draw air

### from the conditioned
room, unlike cOllventionalroom air conditioners where the condenser is mounted in a manner so that condenser fan draws air from the outside. A ventilatingor condenser

### fan discharges
steam from the exhaust hose which runs from the unit 

### to either the exterior or outside the conditioned area. This discharge ofairfrom the room being coaledresultsinreplacement air coming into the room from somewhere else. and that must necessarilybe either from

some otherinterior room or area or possibly from the outside ofthebuilding depending on air leakage conditions. The existing testprocedure treats the exhaust air as being totally replacedby 95° ambient ventilating air from the outside because it 

### pro\<ides for venting
to maintain airpressurebetween the inside cooling area and the outside 95° air. This treatment is technically incorrect and inappropriate for this kind ofair conditionerbecausemost ofthe "replacement" air is introduced from otherrooms orareas adjacent to the conditioned room with farless negative impact on the BW/hr. rating (and thus the EER) 

### than would occur if "replacement" 

### aiicame 

### e-ntirely from the higher temperature exterior area.

This statement

### ofthe deficiency or limits in the DOE test procedure is not intended to be derogatory of the significantvalue ofthat test procedure for the types ofunits for which it 

### was designed. It

### simply points out theneed for 

### a new. separateprocedure for a functionally different unit. As DeLonghi committed at the time ofits interpretational request to DOE. it

### has developed andpresents as Attachment A a testprocedure designed to accurately determine the cooling capacities ot "movable. windowless, single-package type airconditioners."

peLonghi believes that this test procedure complies with the requirements of42 U.S.C. 6293(b}(3). It 

### welcomes. however, the views ofDOE and the technical community as consideration ofits 

### petition proceeds.
[FR 

### Doc. 89-18422

### Filed 8--4-69; 8:45 

### am]

BIU.lNG CODE 645()-{l1-M