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,

CE-RM-89-101 COMMENT 01

..... 

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 of Inquiry. 

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 of Energ'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. 

On March 20. 1989. DeLonghi America 

Inc. (DeLonghi) submitted a petition for 

rule making 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 sf 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 

EIlerg~', Hearings and Dockets. CE-43.1, 

Docket No. CE-R.i\1-89-101. 1000 

Independence Avenue. SW., 

"IN ashington. DC 20585. (202) 586-9320. 

FDR FURn~ER 1':~!"Ol'lMATION CONTACT: 

Douglass S. Abramson. U.S. Department 

of Energy. Office of Conservation 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 

of Energy, Office of General Counsel, 

Forrestal Building. Mail Statiqn, GC12,1000 Independence 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 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 Band 

include both room and central air 

condHi oners. 

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 

32349 

== 

F eder8.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 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-the· 

waH 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 roCh'll 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. 
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 Cooling

Capacity 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.

CE-RM-89-101 COMMENT 01

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 if he d(lterniines 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 signifi'cant extent for 

personal use; 

• What is t.l-te 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 

proced.]JIe 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 

Supervisor'/ Engineer,' Office of Conservation 

and Renwab!e Energy, United States 

Department of Energy, Room 5H048, 

Forre-stal Building, 1000 Independence 

A venue, Sw., Washington, DC 20585. 

Re: Petition for Rulemaking for Proposed 

Test Procedure for Determining Cooling 

Capacity of Movable, Windowless, SingfePackage Type Air-Conditioners 

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

. is submitting under 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 (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 6293fo}(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 t.'lat, therefore, the 

Pinguino is not a covered product under 

DOE's conservation program for 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 of product. Further, DeLonghi . 

committed to develop an appropriate test 

procedure !o 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 commitmeni. 

If, ~efore 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 pr.ocedure 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 Ulliled 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 

L 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, 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 

for determining the cooling capacity in 

Btu's per hour which can be used 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 of the proposed test 

procedure, which is Attachment A 1 to 

this petition, DeLonghi provides a 

proposed defmition for this product 

which if adopted, would be added to the 

definitions in 10 CPR 430.2. The 

proposed test procedure, if adopted, 

would be added as an Appendix to 

Subpart B of 10 CFR Part 430. 

IL Description of the MovaMe, 

Windowless, Single-Package Type AirConditioner (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 UI'Jted 

States, similar products are 

manufactured and sold elsewhere in t.lte 

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 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 window

room 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

CE-RM-89-101 COMMENT 01

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 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. WiihiIi the 

cabinet there is a water tank which must 

00 refilled at intervals depending upon 

the tempera ture setting. ambient . 

temperature. humidity level. and timer 

setting. among other factors. 

The water tank is located in a water 

basin and a water pUU1P 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 window 

room 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 Ll1 off hours where 

central air conditioning may not be 

operating or would be ll.'1economically 

employed, such as during weekends. 

HI. 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 EIlergy 

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 § 305.3fe} of 

the rule (16 CPR part 305). Staff also 

stated that the 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 

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 sinlilar 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 cOllventionalroom 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 

coaled 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. 

The existing test procedure treats the 

exhaust air as being totally replaced by 

95° ambient ventilating air from the 

outside because it pro\<ides 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 BW/hr. rating (and thus 

the EER) than would occur if 

"replacement" aii came e-ntirely 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 ot "movable. windowless, 

single-package type air conditioners." 

peLonghi 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--4-69; 8:45 am] 

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