ICL

AhR EQ W ednesday,

August 9, 2000

e FT1 = ~ Part I

Department of

Energy

Office of Energy Efficiency and

Renewable Energy

10 CFR Part 431

Energy Efficiency Program for Certain

Commercial and Industrial Equipment:

Test Procedures and Efficiency Standards

for Commercial Air Conditioners and

Heat Pumps, Commercial Packaged

Boilers, Commercial Water Heaters, Hot

Water Supply Boilers and Unfired Hot

Water Storage Tanks; Proposed Rules

EE-RM-TP-99-460 COMMENT 01C
48828 Federal Register/Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules

DEPARTMENT OF ENERGY participation in this rulemaking Society of Heating, Refrigerating, and

proceeding in section IV, "Public Air-Conditioning Engineers, Inc., 1971

Office of Energy Efficiency and Comment," of this notice. Tullie Circle, NE, Atlanta, GA 30329,

Renewable Energy You can read the transcript of the http://www.ashrae.org; and the Airpublic workshop and public comments Conditioning and Refrigeration Institute,

10 CFR Part 431 received in the Freedom of Information 4301 North Fairfax Drive, Suite 425,

[Docket No. EE-RM/TP-99-460] Reading Room (Room No. 1E-190) at the Arlington, VA 22203, http:// U.S. Department of Energy, Forrestal www.ari.org, respectively. RIN 1904-AA97 Building, 1000 Independence Avenue,

SW., Washington, DC 20585, between I. Introduction Energy Efficiency Program for Certain the hours of 9:00 a.m. and 4:00 p.m., A. Authority Commercial and Industrial Equipment: Monday through Friday, except Federal B. Background Test Procedures and Efficiency holidays. 1. General

Standards for Commercial Air You can obtain the latest information 2. Issues Concerning Commercial Air

Conditioners and Heat Pumps regarding the public workshop from the Conditioners and Heat Pumps

AGENCY: Office of Energy Efficiency and Office of Building Research and

Renewable Energy, Department of Standards world wide web site at the II. Discussion

Energy. following address: http:// A. General

ACTION: Proposed rule and public www.eren.doe.gov/buildings/ B. Commercial Air Conditioner and Heat

hearing. codes standards/index.htm. Pump Definition and Scope of Coverage

FOR FURTHER INFORMATION CONTACT: 1. Coverage of Heating-Only Heat Pumps 2. Coverage of Computer Room Air SUMMARY: The Energy Policy and Cyrus H. Nasseri, U.S. Department of Conditioners

Conservation Act, as amended (EPCA), Energy, Office of Energy Efficiency and a. Background establishes energy efficiency standards Renewable Energy, Mail Station, EE-41, b. Legislative history and position of

and test procedures for certain 1000 Independence Avenue, SW., ASHRAE Standard Project Committee

commercial products, including Washington, D.C. 20585, (202) 586- 90.1

commercial air conditioners and heat 9138, FAX (202) 586-4617, e-mail: c. Functional differences between comfort

pumps. In today's proposed rule, the Cyrus.Nasseri@ee.doe.gov, or Edward cooling air conditioners and computer room air conditioners Department of Energy (we, DOE, or the Levy, Esq, U.S. Department of Energy, d ASHRAE Standard 127-88

Department) proposes regulations to Office of General Counsel, Mail Station, e. October 1998 Workshop Discussion

implement the standards and test GC-72, 1000 Independence Avenue, f. Conclusion

procedures for these air conditioners SW., Washington, D.C. 20585, (202) 3. Coverage of Equipment with a Variableand heat pumps. 586-9507, e-mail: Speed Drive

DATES: The Department will accept Edward.Levy~hq.doe.gov. C. Commercial Air Conditioner and Heat

Pump Test Procedures for the comments, comments, data, data, and informatirn Pump Test Procedures for the and information SUPPLEMENTARY INFORMATION: The Measurement of Energy Efficiency regarding the proposed rule until proposed rule incorporates, by 1. Test Procedures the Department Intends

October 23, 2000. Please submit ten (10) reference, four test procedures to Adopt copies. In addition, we request that you contained in industry standards 2. Minimum External Static Pressure

provide an electronic copy (31/2" referenced by the American Society of 3. Test Procedure for Water-Source Heat

diskette) of the comments in Heating, Refrigerating, and Air- Pumps WordPerfect T 8. Conditioning Engineers, Inc. (ASHRAE) III. Procedural Requirements

We will hold a public hearing Standard 90.1 for commercial air A. Review Under the National Environmental (workshop) on September 21, 2000, in conditioners and heat pumps. Three of Policy Act of 1969

Washington, DC. Please send requests to these industry standards were published B. Review Under Executive Order 12866, speak at the workshop so that we by the Air-Conditioning and "Regulatory Planning and Review"

receive them by 4 p.m., September 7, Refrigeration Institute (ARI) and the C. Review Under the Regulatory Flexibility

2000. Send ten (10) copies of your fourth was jointly published by the ARI Act U E O 1 , statements for the public workshop so and the Canadian Standards Association rFederal 13

that we receive them by 4:00 p.m., (CSA). These four standards are as E. Review Under Executive Order 12630, September 14, 2000. We also request a follows: Revw Uexecutive Order 12630, September 14, 2000. We also request a follows: "Governmental Actions and Interference computer diskette (WordPerfect TM 8) of * Standard 210/240-94, "Unitary Air- with Constitutionally Protected Property each statement. Conditioning and Air-Source Heat Rights"

ADDRESSES: Please submit written Pump Equipment", F. Review Under the Paperwork Reduction

comments, oral statements, and requests o Standard 340/360-93, "Commercial Act

to speak at the workshop to Brenda and Industrial Unitary Air-Conditioning G. Review Under Executive Order 12988,

Edwards-Jones, U.S. Department of and Heat Pump Equipment", "Civil Justice Reform"

Energy, Office H. Review Under Section 32 of the Federal of Energy Efficiency and o Standard 320-98, "Water-Source Energy Administration Act of 1974

Renewable Energy, EE-41, Docket No. Heat Pumps", and I Review Under Unfunded Mandates Reform

EE-RM/TP-99-460, 1000 Independence * Standard 310/380-93 (which also Act of 1995

Avenue, SW., Washington, DC 20585. has a CSA designation CSA-C744-93), J. Review Under the Plain Language You may send email to: "Standard for Package Terminal Air- Directives

brenda.edwards-jones@ee.doe.gov. The Conditioners and Heat Pumps." K. Review Under the Treasury and General

workshop will begin at 9 a.m., on You can view copies of these Government Appropriations Act, 1999

September 21, 2000, in Room 1E-245 at standards at the Department of Energy's IV. Public Comment

the U.S. Department of Energy, Forrestal Freedom of Information Reading Room A. Written Comment Procedures

Building, 1000 Independence Avenue, at the address stated above. You can B. Public Workshop SW, Washington, DC. You can find also obtain copies of the ASHRAE and 1. Procedures for submitting requests to more information concerning public ARI Standards from the American speak

EE-RM-TP-99-460 COMMENT 01C
Federal Register / Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules 48829

2. Conduct of workshop a test procedure rule applicable to a heating products. We requested C. Issues on which Comments are Requested covered commercial product, such as a comment on a number of specific issues,

I. Introduction commercial air conditioner and heat including issues related to test

pump, is prescribed, no manufacturer, procedures for commercial products, as A. Authority distributor, retailer or private labeler well as the most cost effective and

Part B of Title III of the Energy Policy may make any representation in writing reliable regimes for sampling,

and Conservation Act (EPCA) of 1975, or in broadcast advertisement respecting certification and enforcement.

Pub. L. 94-163, as amended, by the the energy consumption or cost of Statements during the public workshop

National Energy Conservation Policy energy consumed by such product, and written comments that were

Act of 1978 (NECPA), Pub. L. 95-619, unless it has been tested in accordance received afterwards helped refine the

the National Appliance Energy with the prescribed procedure and such issues involved in this rulemaking and

Conservation Act of 1987 (NAECA), representation fairly discloses the provided useful information

Pub. L. 100-12, the National Appliance results of the testing. 42 U.S.C. 6314(d). contributing to their resolution. We

Energy Conservation Amendments of Finally, EPACT extends certain powers, convened a second public workshop on

1988 (NAECA 1988), Pub. L. 100-357, originally granted to the Secretary under October 18, 1998, to obtain comments

and the Energy Policy Act of 1992 NAECA, to require manufacturers of on the issues as they had been refined,

(EPACT), Pub. L. 102-486, established products covered by this proposed rule and on approaches presented by the

the "Energy Conservation Program for to submit information and reports for a National Institute of Standards and

Consumer Products other than variety of purposes, including insuring Technology (NIST) for resolving them.

Automobiles." Part 3 of Title IV of compliance with requirements. See 42 2. Issues Concerning Commercial Air

NECPA amended EPCA to add "Energy U.S.C. 6316(a). Conditioners and Heat Pumps

Efficiency of Industrial Equipment," B. Background

which included air conditioning During the April 1998 workshop, we

equipment and other types of 1. General sought comments on the following issue

commercial products. The Department of Energy has an regarding test procedures for

EPACT also amended EPCA with energy conservation program for commercial air conditioners and heat

respect to commercial products. It consumer products, and a few pumps:

provided definitions, test procedures, commercial products, conducted under (1) Does the current test procedure for

labeling provisions, energy conservation Part B of Title III of EPCA, 42 U.S.C. commercial air conditioners and heat

standards, and authority to require 6291-6309. Under EPCA, this program pumps adequately specify the external

information and reports from essentially consists of four parts: Test static pressures?

manufacturers. See 42 U.S.C. 6311- procedures, Federal energy conservation Attendees at the April 1998 workshop 6316. EPCA authorizes the Secretary of standards, labeling, and certification provided comments and input on this

Energy to prescribe test procedures that and enforcement procedures. The issue. Section II, Discussion, will cover are reasonably designed to produce Federal Trade Commission (FTC) is it in more detail. The workshop results which reflect energy efficiency, responsible for labeling, and we participants also raised the following

energy use and estimated operating implement the remainder of the additional major issues (which are costs, and that are not unduly program as codified in Title 10 of the numbered continuously with the first

burdensome to conduct. 42 U.S.C. 6314. Code of Federal Regulations, Part 430- issue): With respect to some commercial Energy Conservation Program for (2) Are heating-only heat pumps products for which EPCA prescribes Consumer Products. covered products?

energy conservation standards, Since 10 CFR Part 430 covers including commercial air conditioners primarily consumer products, which (3) Are computer room air

and heat pumps, "the test procedures differ from commercial and industrial conditioners covered products?

shall be those generally accepted products, we created a new Part 431 (10 (4) What should be the test

industry testing procedures or rating CFR Part 431) in the Code of Federal procedures for water-source heat

procedures developed or recognized by Regulations, entitled "Energy pumps?

the American Society of Heating, Conservation Program for Commercial After the April 1998 workshop, we Refrigerating and Air Conditioning and Industrial Equipment," to worked towards addressing the

Engineers, as referenced in ASHRAE/ implement DOE's program for most identified issues for commercial air

IES Standard 90.1 and in effect on June commercial and industrial products conditioners and heat pumps. A set of

30, 1992." 42 U.S.C. 6314(a)(4)(A). covered under EPCA. These will recommendations resulted from that

Further, if such an industry testing or include commercial heating, air work, and NIST developed a summary

rating procedure gets amended, DOE conditioning and water heating report of the recommendations. The

must revise its test procedure to be products. This new program will consist summary report formed the basis for

consistent with the amendment, unless of: Test procedures, Federal energy discussions during the October 1998

the Secretary determines, based on clear conservation standards, labeling, and workshop, which enabled us to elicit

and convincing evidence, that to do so certification and enforcement further views and information from

would not meet certain general procedures. EPCA directs DOE, rather interested parties. The summary report requirements spelled out in the statute than the FTC, to administer the statute's included draft rule language for

for test procedures. 42 U.S.C. efficiency labeling provisions for these commercial air conditioners and heat

6314(a)(4)(B). Before prescribing any commercial products. pumps. We received additional

test procedures for commercial On April 14 and 15,1998, we comments at the second workshop. The

products, the Secretary must publish convened a public workshop to solicit following additional issue, raised in a them in the Federal Register and afford views and information from interested letter to the Department after the

interested persons at least 45 days to parties that would aid in the October 1998 workshop, is also

present data, views and arguments. 42 development of rules for commercial numbered continuously with the prior

U.S.C. 6314(b). Effective 360 days after heating, air conditioning and water issues:

EE-RM-TP-99-460 COMMENT 01C
48830 Federal Register/Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules

(5) What should be the test efficiency ratio for cooling. (42 U.S.C. April 1998, CEC had 637 certified

procedures for equipment with variable- 6313(a)(3)(B)). computer room air conditioners on file.

speed drives? We further believe that to construe b. Legislative history and position of

EPCA as excluding heating-only heat ASHRAE Standard Project Committee

C. The Proposed Rule pumps from coverage would have no 90.1: The Report that accompanied the

Today's proposed rule incorporates significant impact on national energy House of Representatives version of

(1) energy efficiency test procedures for consumption. According to information EPACT (House Report) states that the

commercial air conditioners and heat provided by representatives of major law "amends the existing law [EPCA] to

pumps, (2) definitions that clarify Heating, Ventilating and Air set minimum energy efficiency

EPCA's coverage of these products, and Conditioning (HVAC) manufacturers standards for electric air-conditioning,

(3) energy conservation standards and ARI during the April 1998 and electric heating, and gas heating

prescribed by EPCA. In preparing these October 1998 workshops, although a equipment * * * intended for use in

proposals, we have considered both oral small number of heating-only heat commercial buildings." H.R. Rep. No.

and written comments, and have pumps, mostly hydronic systems, are 474,102d Cong. 2d Sess., pt. 1, at 175

incorporated recommendations where marketed in Europe, none are now (1992). Thus, it appears that the statute

appropriate. Section II contains the available, or expected to be available is not concerned, for example, with

reasons for incorporating or not any time soon in the United States. energy used in industrial processes.

incorporating any significant Accordingly, today's proposed rule The House Report also points out that

recommendations. excludes heating-only heat pumps. the efficiency standards specified in the

„a_ ~ ,-, A p, bill "were developed by * * * II. Discussion 2. Coverage of Computer Room Air [ASHRAE] in ASHRAE Standard 90.1." in 90.1.",

II. oGeneral ConditionersThis indicates that the efficiency a. Background: At the April 1998 standards in EPACT for commercial

This section discusses the issues workshop, the CEC asked for products have the same scope as the

identified for commercial air clarification of whether computer room standards in ASHRAE 90.1. ASHRAE

conditioners and heat pumps. air conditioners are covered equipment Standard 90.1-1989 neither discussed

Subsection II-B addresses "Commercial under EPCA, or whether they are computer room air conditioners nor

Air Conditioner and Heat Pump exempt from efficiency standards. referred to ASHRAE Standard 127-88.

Definitions and Scope of Coverage," and In subsequent written comments, CEC However, the ASHRAE Standard 90.1

subsection II-C addresses "Commercial contends that EPCA indeed covers committee has discussed the coverage of

Air Conditioner and Heat Pump Test computer room air conditioners. CEC computer room air conditioners during

Procedures for the Measurement of maintains that nothing in the EPACT past meetings, including a September

Energy Efficiency." language suggests that equipment 1998 interim meeting. The committee

currently marketed as computer room decided that Standard 90.1 does not B. Commercial Air Conditioner and air-conditioning equipment can be cover computer room air conditioners

Heat Pump Definitions and Scope of excluded from the scope of the statute. since the primary function of computer Coverage CEC also maintains that we can not room air conditioners is to provide

1. Coverage of Heating-Only Heat exclude this equipment on the basis of cooling for equipment (i.e., computers)

Pumps either terminology used by those who rather than for human comfort. This

market it or the primary market into determination is consistent with the

During the April 1998 workshop the which the equipment is sold. Title, Purpose, and Scope of the

California Energy Commission (CEC) CEC has administered a certification Standard, which was revised in 1997 to

asked the Department to clarify whether program for all air-conditioners, state that the Standard does not apply heating-only heat pumps were covered including computer room air to "equipment and portions of building by EPCA. During the October 1998 conditioners, since 1977. For nearly a systems that use energy primarily to

workshop, NIST recommended that we decade after the program started, provide for industrial, manufacturing or should not include heating-only heat manufacturers certified computer room commercial processes."

pumps among the covered equipment. air conditioners to CEC using the same In sum, the House Report, the direct

All workshop attendees who spoke on test method as used for conventional reliance of the EPACT legislation on this issue supported this opinion. central air-conditioning equipment. ASHRAE Standard 90.1, the scope of the

All of the definitions in EPCA Manufacturers had to test this product Standard, and the position of the

indicate that commercial air on the basis of ARI Standard 210/240, Standard 90.1 committee regarding

conditioners and heat pumps covered which is referenced by ASHRAE computer room air conditioners, all

by EPCA must have a cooling function. Standard 90.1. Subsequently, CEC support the conclusion that computer

Large and small "package air- allowed manufacturers to certify it on room air conditioners are not covered by

conditioning and heating equipment" the basis of ANSI/ASHRAE Standard EPACT. are limited to "unitary central air 127, "Method of Testing for Rating c. Functional differences between

conditioners and central air- Computer and Data Processing Room comfort cooling air conditioners and

conditioning heat pumps," and EPCA Unitary Air-Conditioners." CEC tested a computer room air conditioners: While

categorizes all of them by cooling few computer room air conditioners the basic design and many of the vital

capacity. (42 U.S.C. 6311(8)-(9)). Also, according to both these standards and components of computer room air

EPCA defines "package terminal heat stipulated the minimum EER levels that conditioners are the same as those of

pump" as a package terminal air would need to be met if equipment is conventional air conditioners, there are conditioner that utilizes a reverse cycle tested using ASHRAE Standard 127-88. certain important feature differences. as the prime method of providing heat. CEC selected the minimum EER levels The most common temperature setting

(42 U.S.C. 6311(10)). Furthermore, the for ASHRAE Standard 127-88 testing, for computer room air conditioners is

equation for the minimum coefficient of such that they represent equivalent 72°F and the most common relative

performance for the package terminal energy efficiency to the efficiency levels humidity setting is 50%. In addition to

heat pump involves the energy required under the ARI standard. In producing the desired cooling effect,

EE-RM-TP-99-460 COMMENT 01C
Federal Register/Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules 48831

computer room air conditioners may computer room air conditioners are room air conditioners. On the other

humidify or dehumidify the air and tested under ARI Standard 210/240. hand, the consensus standard for

then, if necessary, reheat it. Computer iii. ASHRAE Standard 127-88 does performing such testing and rating, room air conditioners achieve not impose restrictions on the indoor- ASHRAE Standard 127-88, is not

dehumidification by cooling the air side air quantity. ARI Standard 210/240 referenced in Standard 90.1 and, even under conditions when the limits the indoor-side air quantity to therefore, is not prescribed by EPCA.

temperature alone does not warrant it. 37.5 scfm per 1000 Btu/h. The limit on The omission from EPCA of a test

This may push the space temperature the indoor-side air quantity limits to procedure for computer room air

below the set point, and thus may some degree the sensible heat ratio (the conditioners provides further support

require correction by reheating the air. ratio of the sensible capacity to the total for the conclusion that this product is

The coils are usually larger, and so is capacity), minimizes the possibility of not covered by the statute.

the air flow rate, typically 425-500 cfm/ condensate carry over from the e. October 1998 Workshop Discussion:

ton as compared to 400 cfm/ton for evaporator coil, and prevents noise The workshop participants also

conventional air conditioners. These generation in the duct system. It appears discussed the coverage of computer

features differentiating computer room that the sensible heat ratio, condensate room air conditioners. Except for the

air conditioners from conventional air carry over, and duct noise issues are not CEC, all the participants took the

conditioners are also reflected in as significant for computer room air position that computer room air

ASHRAE Standard 127-88, discussed conditioners as for conventional air conditioners is not a covered product

below, which was developed for testing conditioners. under EPCA.

computer room air conditioners. iv. ASHRAE Standard 127-88 f. Conclusion: Based on the above

d. ASHRAE Standard 127-88: prescribes two different levels of considerations, our view is that

ASHRAE developed ASHRAE Standard external resistance for the total computer room air conditioners are not

127-88, "Method of Testing for Rating delivered air for systems that are currently covered by EPCA within the

Computer and Data Processing Room intended for use with field-installed definition of commercial package airUnitary Air-Conditioners." The ducts. These two levels are 0.3 in. of conditioning and heating equipment

American National Standard Institute water external pressure for air (section 343(8)-(9) of EPCA, 42 U.S.C.

(ANSI) approved ASHRAE Standard conditioners with standard cooling 6311(8)-(9)). If some of the above

127-88, which indicates recognition of capacity less than 60,000 Btu/h, and 0.5 circumstances were to change,

the national consensus reached during in. of water for systems with capacities however-if, for example, ASHRAE

development of the Standard. equal to and above 60,000 Btu/h. ARI Standard 90.1 were to incorporate

ASHRAE Standard 127-88 is not Standard 210/240-94 prescribes five efficiency standards and test procedures

referenced by ASHRAE Standard 90.1. different values of the minimum for this product or the product was to

Several differences exist between external pressure, one for each of five become widely used for conventional

ASHRAE Standard 127-88 and the ARI specified cooling capacities up to air conditioning applications-the

test procedure standards for commercial 135,000 Btu/h (ARI Standard 210/240- Department might re-visit this issue.

air-conditioning and heating equipment 94, Table 6). Consequently, different

that are referenced by ASHRAE external static pressures are used during 3 Coverage of Equipment with a

Standard 90.1. The following, for tests in the two methods. For example, Variable-Speed Drive

example, is a list of differences between for a cooling capacity of 70,000 Btu/h, We received a written comment after

ASHRAE Standard 127-88 and ARI the ARI standard prescribes a minimum the October 1998 workshop from

Standard 210/240-1994: external resistance of 0.2[0] in. of water, Laclede Gas Company, which requested

i. ASHRAE Standard 127-88 specifies while the ASHRAE standard stipulates that a minimum energy efficiency

standard rating conditions for the 0.5 in. of water. It appears that computer standard be formulated for variable

cooling system, the reheating system, room air conditioners may experience a speed cooling equipment. The comment

and the humidification system. ARI higher external static pressure in a contended that the significant market

Standard 210/240 does not specify typical installation than conventional penetration of this type of equipment

conditions for reheating and air conditioners, and that the ASHRAE mandates minimum energy efficiency

humidification rating. Therefore, the standard reflects this difference. standards. We believe the intent of the

ARI standard can not accommodate Similar differences also exist between comment is to request establishment of

testing for all the functions that ASHRAE Standard 127-88 and ARI efficiency standards and performance

computer room air conditioners may standards 340/360 and 320-93. The last descriptors that would address part load

provide. three differences lead to different energy performance of commercial equipment. ii. ASHRAE Standard 127-88 efficiency ratios (EER) when using Sections 342(a)(1), (2), and (3) of

specifies an indoor air temperature of ASHRAE Standard 127-88 and the ARI EPCA set forth efficiency standards and

72°F dry bulb and a wet bulb standards. The difference in the performance descriptors for cooling

temperature of 60°F . ARI Standard 210/ specified indoor dry bulb temperature equipment. U.S.C. 6313(a)(1), (2), and

240-94 specifies an 80°F dry bulb (72°F vs. 80°F) has the dominating (3). Pursuant to these sections, only

temperature and a wet bulb temperature effect, which results in EERs from the small commercial, air-cooled package

of 67°F. Since the typical operating ASHRAE Standard 127-88 test having air-conditioning equipment having

indoor temperature for computer room lower values than those obtained from cooling capacity less than 65 ,000 Btu/

air conditioners is set at 72°F, tests according to the ARI test h have to meet a prescribed minimum

mandating the ARI test method with procedures. Seasonal Energy Efficiency Ratio (SEER)

80°F indoor air temperature would most Because of being referenced in which accounts for part load

likely result in computer room air ASHRAE Standard 90.1, the foregoing performance. For those systems that also

conditioners being optimized at the ARI standards are the EPCA test have a heating function (i.e., heat

80°F indoor temperature. A system procedures for testing commercial air- pumps), a minimum Heating Seasonal

optimized at 80°F will not perform conditioning equipment. But as just Performance Factor (HSPF) is

optimally at the 72°F indoor discussed, these standards are not best prescribed. For all other equipment,

temperature, leading to wasted energy if suited for testing and rating computer EPCA only mandates efficiency

EE-RM-TP-99-460 COMMENT 01C
48832 Federal Register / Vol. 65, No. 154/Wednesday, August 9, 2000 /Proposed Rules

descriptors that involve a steady-state 93), "Standard for Package Terminal (3) the differences in static pressure

operation and does not refer to any Air-Conditioners and Heat Pumps." would primarily affect the energy

descriptors based on part load These current versions of the four consumption of the indoor air

performance. standards require the same test methods circulating fan, which represents a very

With regard to efficiency standards, and calculation procedures as do the small fraction of the total energy

the purpose of this proposed rule is to versions that were referenced by consumed by the unit, so the effect of

incorporate the requirements currently ASHRAE Standard 90.1-1989. These changing the pressure specification on

imposed by EPCA. Today's proposal, new versions of the ARI standards have the energy efficiency would be minimal;

therefore, incorporates standards for better availability than the older and (4) because an increase in the

part load performance only in these standards and are referenced for pressure specification, above the levels

instances where EPCA prescribes such convenience of the parties affected by in the ARI test procedures, would likely

standards. To the extent that EPCA does the rule. result in some reduction in rated

not prescribe efficiency standards for Today's proposed rule reflects our efficiencies, if the DOE test procedures

the part load performance of a product, intent to adopt the amended ARI were to contain such an increase

it is beyond the scope of this rulemaking standards, in accordance with section manufacturers would have to re-test and

to do so. 343(a)(4)(B) of EPCA, 42 U.S.C. re-rate their products, and incur testing 6314(a)(4)(B). The Department does not and marketing costs as a consequence. C. Commercial Air Conditioner and intend to determine that any of these Section 343(a) of EPCA, 42 U.S.C.

Heat Pump Test Procedures for the amendments to the ARI standards 6314(a), provides in essence that the test

Measurement of Energy Efficiency contains a test procedure that is either procedures under EPCA for measuring

EPCA requires that the testing unduly burdensome to conduct or not the efficiency of commercial air

procedures for measuring the efficiency reasonably designed to reflect the conditioners and heat pumps shall be

of commercial air conditioners and heat energy efficiency of commercial air industry test procedures developed or pumps must be those generally accepted conditioners and heat pumps recognized by ARI or ASHRAE, and that

industry testing procedures or rating 2. Minimum External Static Pressure DOE has limited authority to adopt

procedures that were developed or are ARI Standard 210/240-94, ARIother test procedures for these products reogizdyheAmrianSoARI Standard 6210/240-94, ARI SIndeed, it can be argued that because the

H reognized by the Ameri and Si y of Standard 340/360-93 and ARI Standard external static pressures in the ARI

Conditioning Engineers, Inc., as 320-93 specify the minimum external standards have not changed since June

referenced in ASHRAE/IES Standard static pressures to test commercial air- 1992, DOE has virtually no power to

conditioning and heating equipment change them. See EPCA Section 343

90.1 Alothat were in effect on us e 30, with indoor fans and field-installed (a)(4)(B)-(C), 42 U.S.C. 6314(a)(4)(B)- i992. Also, if such an industry test ducts. The standards prescribe the (C).

procedure or rating procedure for minimum pressures in a table which In view of the above, we have decided

commercial air conditioner or heat lists the levels of external resistance by not to propose any changes in the

pump is amended, the Secretary must system capacity (appearing in Table 6 in minimum static pressures. We believe

adopt such revisions unless the ARI Standard 210/240-94, Table 2B in that if we were developing from scratch

Secretary determines that to do so ARI Standard 340/360, and Table 2 in a test procedure for commercial airwould not produce test results which ARI Standard 320-93.) The standards conditioning and heating equipment, reflect energy efficiency, energy use, prescribe larger values of minimum inclusion of static pressures higher than

and estimated operating costs, or that external resistance for larger-capacity those in the existing test procedures the procedures would be unduly systems based on the assumption that might well be warranted. But the

burdensome to conduct. larger systems would be connected to reasons for retaining the pressure

1. Test Procedures the Department longer duct systems with more bends specifications in the existing test

Intends to Adopt and obstructions. Before the April 1998 procedures have considerable merit, and

workshop, we had the concern that to some extent offset any benefits of ASHRAE Standard 90.1-1989 was in external pressures specified by the ARI making a change at this point. Our

effect on June 30, 1992, and referenced standards would be lower than values limited authority to alter the existing

four industry test standards that apply that one generally encounters in test procedures provides a further

to commercial air conditioners and heat commercial buildings. This could lead reason not to make such a change at this

pumps. Three of these industry to a potentially overstated efficiency point. standards were published by the Air- rating. Consequently, we raised this

Conditioning and Refrigeration Institute issue for discussion at the April 1998 3. Test Procedure for Water-Source Heat

(ARI) and the fourth was jointly workshop. Pumps

published by the ARI and the Canadian None of the participants at the April In ASHRAE Standard 90.1-1999, Standards Association (CSA). The 1998 workshop shared our concern ASHRAE amended Standard 90.1's

current versions of the four standards regarding the minimum external static provisions for water source heat pumps are as follows: pressure specified in the ARI standards, by both changing the level of the

* ARI Standard 210/240-94, "Unitary and several participants spoke in applicable efficiency standards and

Air-Conditioning and Air-Source Heat support of not changing the current test changing the referenced test procedure Pump Equipment;" requirements. They observed that: (1) from ARI Standard 320, "Water-Source

* ARI Standard 340/360-93, Actual static pressure varied among Heat Pumps," to the International

"Commercial and Industrial Unitary building sites, so any single Standards Organization (ISO) Standard

Air-Conditioning and Heat Pump specification could not be fully 13256-1, "Water-Source Heat PumpsEquipment;" representative; (2) the present test Testing and Rating for Performance-

* ARI Standard 320-98, "Water- procedures-ARI Standard 210/240-94, Part 1: Water-to-Air and Brine-to-Air

Source Heat Pumps;" and ARI Standard 340/360-93 and ARI Heat Pumps." Under the amendments,

* ARI Standard 310/380-93 (which Standard 320-98-provide consistency the new efficiency levels will go into

also has a CSA designation CSA-C744- for purposes of comparing equipment; effect on October 29, 2001, and ISO

EE-RM-TP-99-460 COMMENT 01C
Federal Register/ Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules 48833

Standard 13256-1 will be used to appendix A to subpart D of the be redesigned or removed from the

measure compliance with those levels. Department's Regulations, which market. Since the efficiency standards

Prior to that time, ARI Standard 320 will applies to rulemakings that are strictly have been in force by statute since 1994,

remain in force under Standard 90.1 to procedural. Accordingly, neither an we expect that a negligible number of

measure compliance with existing environmental assessment nor an products presently manufactured would

efficiency levels for water source heat environmental impact statement is need to be redesigned or discontinued.

pumps. Recently, the Department has required. The cost of performing the proposed test

become aware that ARI has changed its B. Review Under Executive Order 12866 procedures depends on unit size, but

certification program for water-source eutory P i Reicould amount to several thousands of

heat pumps to reference ISO Standardnning and Review dollars per basic model. To the extent

13256-1 as the test procedure used in Today's proposed rule has been that manufacturers must already test

its program. determined not to be a "significant their products for efficiency to assure As discussed above, we intend to regulatory action," as defined in section that they meet the existing statutory

prescribe ARI Standard 320-98 as the 3(f) of Executive Order 12866, efficiency standards, or for any other

DOE test procedure for water-source "Regulatory Planning and Review." 58 reason, they will not incur new costs in

heat pumps, in the final rule in this FR 51735 (October 4, 1993). complying with today's proposed rule.

proceeding. This is the test procedure Accordingly, this action was not subject We believe that any significant

that is currently in place under to review under the Executive Order by economic impact will fall only on those

ASHRAE Standard 90.1. We also intend the Office of Information and Regulatory firms which do not now routinely test

to address DOE adoption of the ISO test Affairs, their products. We further believe that

procedure, to replace ARI 320-98, in a C. Review Under the Regulatory testing is a widely accepted practice,

subsequent proceeding. Flexibility Act and that companies that do not test are

Nevertheless, in light of ASHRAE's rare and do not represent a substantial

adoption in Standard 90.1-1999 of ISO The Regulatory Flexibility Act of number of small entities.

Standard 13256-1, as well as ARI's 1980, 5 U.S.C. 603, requires the We have no discretion to apply

actions, we are also considering preparation of an initial regulatory different requirements to small

adoption in the final rule in this flexibility analysis for every rule which, manufacturers. EPCA mandates uniform

proceeding of ISO Standard 13256-1, by law, the agency must propose for standards and test procedures for

instead of ASHRAE Standard 320, as the public comment, unless the agency commercial products. In this regard, it

DOE test procedure for water source certifies that the rule, if promulgated, is noteworthy that although EPCA

heat pumps. We would like to receive will not have a significant economic contains a "small manufacturer

comment on that issue. In particular, we impact on a substantial number of small exemption" for consumer products (42

would like to receive results of testing entities. A regulatory flexibility analysis U.S.C. 6295 (t)), it includes no such

the same products using the two test examines the impact of the rule on exemption for commercial and

procedures, to compare efficiency small entities and considers alternative industrial products.

differences of the two test procedures. ways of reducing negative impacts. Based on the above, DOE certifies that

We will decide whether to adopt ISO The Small Business Administration the proposed rule would not impose a

Standard 13256-1 in the final rule as considers an entity to be a small significant impact on a substantial

the DOE test procedure for water-source business if, together with its affiliates, it number of small businesses.

heat pumps after reviewing this data, erfploys f e Ser than ain hreshld number D. Review Under Executive Order

and after addressing any technical, legal T e hrehold nube for SIC13132, "Federalism"

and procedural issues and concerns classification 3585, which includes air Executive Order 13132 (64 FR 43255,

about its adoptionconditioners immediate and heat pumps, is 750. August 4, 1999) imposes certain

III. Procedural Requirements We estimate that approximately 31 firms requirements on agencies formulating

A. Review Under the National manufacture covered commercial air and implementing policies or

Environmental Policy Act of 1969 conditioners and heat pumps, and of regulations that preempt State law or these, 14 are considered small that have federalism implications.

EPCA prescribes energy efficiency businesses. Agencies are required to examine the

standards and test procedures for EPCA establishes efficiency standards constitutional and statutory authority

commercial products, and in today's for covered commercial equipment and supporting any action that would limit

rule, we propose to implement these requires us to prescribe test procedures the policymaking discretion of the

requirements for commercial air that are accepted by industry and States and carefully assess the necessity

conditioners and heat pumps. We have referenced in ASHRAE Standard 90.1. for such actions. The proposed rule

reviewed the proposed rule under the As EPCA specifies the standards and published today would not regulate the

National Environmental Policy Act of test procedures incorporated in today's States. The proposed rule would

1969 (NEPA), 42 U.S.C. 4321 et seq., the proposed rule, any costs of complying primarily codify energy efficiency

regulations of the Council on with them are imposed by EPCA and standards and test procedures already

Environmental Quality, 40 CFR parts not the rule. Moreover, today's proposed established in EPCA for commercial air

1500-1508, our regulations for rule simply codifies testing procedures conditioners and heat pumps. We have

compliance with NEPA, 10 CFR Part that are already generally employed by determined that today's proposed rule

1021, and the Secretarial Policy on the manufacturers, both large and small. would not have a substantial direct

National Environmental Policy Act The cost of meeting the requirements effect on the States, on the relationship

June 1994). Implementation of the of today's proposed rule will depend on between the national government and

proposed rule would not result in the number of basic models a the States, or on the distribution of

environmental impacts. We have manufacturer produces and the number power and responsibilities among the

therefore determined that the proposed of these models that do not comply with various levels of government. No further

rule is covered under the Categorical the efficiency standards imposed by action is required by Executive Order

Exclusion found at paragraph A6 of EPCA and would consequently need to 13132.

EE-RM-TP-99-460 COMMENT 01C
48834 Federal Register / Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules

E. Review Under Executive Order 12630, H. Review Under Section 32 of the the aggregate or to the private sector.

"Governmental Actions and Federal Energy Administration Act of Therefore, the requirements of Sections

Interference with Constitutionally 1974 203 and 204 of the Unfunded Mandates

Protected Property Rights" Under section 301 of the Department Act do not apply to this action.

We have determined under Executive of Energy Organization Act (Pub. L. 95- 1. Review Under the Plain Language

Order 12630, "Governmental Actions 91), we must comply with section 32 of Directives

and Interference with Constitutionally the Federal Energy Administration Act The President's Memorandum on Protected Property Rights," 52 FR 8859 of 1974, as amended by the Federal "Plain Language in Government

(March 18, 1988), that this proposed Energy Administration Authorization Writing," 63 FR 31885 (une 10, 1998) regulation would not result in any Act of 1977.15 U.S.C. 788. Section 32 directs each Federal agency to write all

takings which might require provides in part that, where a proposed published rulemaking documents in

compensation under the Fifth rule contains or involves use of plain language. The Memorandum

Amendment to the United States commercial standards, the notice of includes general guidance on what

Constitution. proposed rulemaking must inform the constitutes "plain language." Plain

F. Review Under the Paperwork public of the use and background of language requirements will vary from

Reduction Act such standards. one document to another, depending on The rule proposed in this notice the intended audience, but all plain No new collection of information is incorporates certain commercial language documents should be logically

imposed by this proposed rule. standards which EPCA requires to be organized and clearly written.

Accordingly, no clearance by the Office used. These include testing standards We have tried to make this proposed

of Management and Budget is required referenced by ASHRAE Standard 90.1- rule easy to understand. We are also

under the Paperwork Reduction Act (44 1989 for the measurement of steady requesting suggestions on how to

U.S.C. 3501 et seq.). state thermal efficiency of commercial improve its readability further.

G. Review Under Executive Order air conditioners and heat pumps. K Review Under the Treasury and

12988, "Civil Justice Reform" Because we have very limited discretion K Review Under the Treasuryoand 12988Civl Justice Reformto depart from the standards referenced General Government Appropriations

With respect to the review of existing in ASHRAE/IES 90.1, Section 32 of the Act, 1999

regulations and the promulgation of FEAA does not apply to them. Section 654 of the Treasury and new regulations, Section 3(a) of General Government Appropriations

Executive Order 12988, "Civil Justice I. Review Under Unfunded Mandates Act, 1999 (Pub. L. No. 105-277) requires

Reform," 61 FR 4729 (February 7, 1996), Reform Act of 1995 federal agencies to issue a Family

imposes on executive agencies the Section 202 of the Unfunded Policymaking Assessment for any

general duty to adhere to the following Mandates Reform Act of 1995 proposed rule or policy that may affect

requirements: (1) Eliminate drafting ("Unfunded Mandates Act") requires family well-being. Today's proposal errors and ambiguity; (2) write that we prepare an impact assessment would not have any impact on the

regulations to minimize litigation; and before promulgating a rule that includes autonomy or the integrity of the family

(3) provide a clear legal standard for a Federal mandate that may result in as an institution. Accordingly, DOE has

affected conduct rather than a general expenditure by state, local, and tribal concluded that it is not necessary to

standard and promote simplification governments, in the aggregate, or by the prepare a Family Policymaking

and burden reduction. With regard to private sector, of $100 million or more Assessment.

the review required by Section 3(a), in any one year. The impact assessment IV. Public Comment

Section 3(b) of the Executive Order must include: (i) Identification of the

specifically requires that Executive Federal law under which the rule is A. Written Comment Procedures

agencies make every reasonable effort to promulgated; (ii) a qualitative and We invite interested persons to ensure that the regulation: (1) Clearly quantitative assessment of anticipated participate in the proposed rulemaking specifies the preemptive effect, if any; costs and benefits of the Federal by submitting data, comments, or (2) clearly specifies any effect on mandate and an analysis of the extent to information with respect to the issues

existing Federal law or regulation; (3) which such costs to state, local, and set forth in today's rule to Ms. Brenda

provide a clear legal standard for tribal governments may be paid with Edward-Jones, at the address indicated

affected conduct while promoting Federal financial assistance; (iii) if at the beginning of the notice. We will

simplification and burden reduction; (4) feasible, estimates of the future consider all submittals received by the

specifies the retroactive effect, if any; (5) compliance costs and of any date specified at the beginning of this

adequately defines key terms; and (6) disproportionate budgetary effects the notice in developing the final rule.

addresses other important issues mandate has on particular regions, According to 10 CFR 1004.11, any

affecting clarity and general communities, non-Federal units of person submitting information which he

draftsmanship under any guidelines government, or sectors of the economy; or she believes to be confidential and

issued by the Attorney General. Section (iv) if feasible, estimates of the effect on exempt by law from public disclosure

3(c) of the Executive Order requires the national economy; and (v) a should submit one complete copy of the

agencies to review regulations in light of description of our prior consultation document and ten (10) copies, if

applicable standards Section 3(a) and with elected representatives of state, possible, from which the information

Section 3(b) to determine whether they local, and tribal governments and a believed to be confidential has been are met or it is unreasonable to meet one summary and evaluation of the deleted. We will make our own or more of them. comments and concerns presented. determination with regard to the

We reviewed today's proposed rule We have determined that the action confidential status of the information

under the standards of Section 3 of the proposed today does not include a and treat it according to our Executive Order and determined that, to Federal mandate that may result in determination.

the extent permitted by law, it meets the estimated costs of $100 million or more Factors of interest to us, when

requirements of those standards. to state, local or to tribal governments in evaluating requests to treat as

EE-RM-TP-99-460 COMMENT 01C
Federal Register/Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules 48835

confidential information that has been workshop and we may also use a permits. The presiding official will

submitted, include: professional facilitator to facilitate announce any further procedural rules,

(1) A description of the items; discussion. The workshop will not be a or modification of the above procedures,

(2) An indication as to whether and judicial or evidentiary-type hearing, but needed for the proper conduct of the

why such items are customarily treated the Department will conduct it in hearing. as confidential within the industry; accordance with 5 U.S.C. 553 and We will make the entire record of this

(3) Whether the information is Section 336 of the Act and a court rulemaking, including the transcript,

generally known by or available from reporter will be present to record the available for inspection in the

other sources; transcript of the workshop. We reserve Department's Freedom of Information

(4) Whether the information has the right to schedule the presentations Reading Room. Any person may

previously been made available to by workshop participants, and to purchase a copy of the transcript from

others without obligation concerning its establish the procedures governing the the transcribing reporter.

confidentiality; conduct of the workshop. C. Issues on Which omments Are

(5) An explanation of the competitive The Department will permit each Requested

injury to the submitting person which participant to make a prepared general

would result from public disclosure; statement, limited to five (5) minutes, We are interested in receiving

(6) An indication as to when such prior to the discussion of specific topics. comments and/or data concerning the

information might lose its confidential The general statement should not feasibility, workability and

character due to the passage of time; and address these specific topics, but may appropriateness of the test procedures

(7) Why disclosure of the information cover any other issues pertinent to this proposed in today's rulemaking. Also,

would be contrary to the public interest. rulemaking. The Department will permit we welcome discussion on

B. Public Workshop other participants to briefly comment on improvements or alternatives to the

any general statements. We will divide proposed approaches. We also invite

1. Procedures for Submitting Requests to the remainder of the hearing into comments on how to make this

Speak segments, with each segment consisting proposed rule easier to understand. For

You will find the time and place of of one or more of the following specific example:

the public workshop listed at the topics covered y this notice: Are th requ in the rule

beginning of this notice of proposed Commercial Air Conditioner and Heat e Have we organized the material to

rulemaking. We invite any person who Pump Definition and Scope of Coverage suit your needs, or would a different

has an interest in today's notice of * Coverage of Heating-Only Heat organization be better?

proposed rulemaking, or who is a Pumps · Can we improve the rule's format?

representative of a group or class of Coverage of Computer Room Air List of Subjects in 10 CFR Part 431

persons that has an interest in these Conditioners

proposed issues, to make a request for * Coverage of Equipment with a Administrative practice and

an opportunity to make an oral Variable-Speed Drive procedure, Commercial products,

presentation. If you would like to attend Energy conservation, Incorporation by

the public workshop, please notify Ms. Commercial Air Conditioner and Heat reference.

Brenda Edwards-Jones at (202) 586- Pump Test Procedures for the Issued in Washington DC on June 9 2000.

2945. You may hand deliver requests to Measurement of Energy Efficiency WRehe,

speak to the address indicated at the * Test Procedures the Department Assistant Secretary, Energy Efficiency and

beginning of this notice between the Intends to Adopt Renewabl Energy.

hours of 8:00 a.m. and 4:00 p.m., * Minimum External Static Pressure For the reasons set forth in the

Monday through Friday, except Federal * Test Procedure for Water-Source preamble, Title 10, Part 431 of the Code

holidays, or send them by mail. Heat Pumps of Federal Regulations is proposed to be

The person making the request should * Other Test Procedure Topicsamndd as t fth blw

state why he or she, either individually The Department will introduce each amen as set or ow

or as a representative of a group or class topic with a brief summary of the PART 431-ENERGY EFFICIENCY

of persons, is an appropriate relevant provisions of the proposed rule, PROGRAM FOR CERTAIN

spokesperson, briefly describe the and the significant issues involved. We COMMERCIAL AND INDUSTRIAL

nature of the interest in the rulemaking, will then permit participants in the EQUIPMENT

and provide a telephone number for hearing to make a prepared statement

contact. We request each person limited to five (5) minutes on that topic. 1. The authority citation for Part 431

selected to be heard to submit an At the end of all prepared statements on continues to read as follows:

advance copy of his or her statement at a topic, the Department will permit each Authority: 42 U.S.C. 6311-6316.

least two weeks prior to the date of this participant to briefly clarify his or her 2. Subpart is added to read as workshop as indicated at the beginning statement and comment on statements followsS

of this notice. At our discretion, we may made by others. Participants should be

permit any person who cannot do this prepared to answer questions by us and Subpart J-Commercial Air Conditioners

to participate if that person has made by other participants concerning these and Heat Pumps

alternative arrangements with the Office issues. Our representatives may also ask Sec.

of Building Research and Standards in questions of participants concerning 431.251 Purpose and scope.

advance. The request to give an oral other matters relevant to the hearing. 431.252 Definitions forcommercial air

presentation should ask for such The total cumulative amount of time conditioners and heat pumps.

alternative arrangements. allowed for each participant to make Test Procedures

2. Conduct of Workshop prepared statements will be 20 minutes. 431.261 Materials incorporated by 'The official conducting the hearing reference.

The Department will designate a will accept additional comments or 431.262 Uniform test method for the

Department official to preside at the questions from those attending, as time measurement of energy efficiency of

EE-RM-TP-99-460 COMMENT 01C
48836 Federal Register/Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules

small and large commercial package air builder and intended for mounting incorporates the material as it exists on conditioning and heating equipment, through the wall, and that is a the date of the approval and a notice of

packaged terminal air conditioners, and commercial HVAC & WH product. It any change in the material will be

packaged terminal heat pumps. includes a prime source of refrigeration, published in the Federal Register.

Energy Efficiency Standards separable outdoor louvers, forced (b) List of test procedures

431.271 Energy efficiency standards and ventilation, and heating availability by incorporated by reference.

effective dates. builder's choice of hot water, steam, or (1) Air-Conditioning and Refrigeration

electricity. Institute (ARI) Standard 210/240-94

Subpart J-Commercial Air Packaged terminal heat pump means published in 1994, "Unitary AirConditioners and Heat Pumps a packaged terminal air conditioner that Conditioning and Air-Source Heat

§4311 Purpose ad scop. utilizes reverse cycle refrigeration as its Pump Equipment."

§ s431.251 Purposeandscope prime heat source, that has a (2) ARI Standard 310/380-93 This subpart contains renmerctgy heat source rsupplementary available, published in 1993, "Standard for

conservation requirements for certain with the choice of hot water, steam, or Package Terminal Air-Conditioners and

commercial air conditioners and heat electric resistant heat, and that is a Heat Pumps."

pumps, pursuant to Part C of Title III of commercial HVAC & WH product (3) ARI Standard 320-98 published in

the Energy Policy and Conservation Act, Seasonal energy efficiency ratio or 1998, "Water-Source Heat Pumps." as amended, 42 U.S.C. 6311-6316. SEER means the total cooling output of (4) ARI Standard 340/360-93

§431.252 Definitions for commercial air a central air conditioner or central air- published in 1993, "Commercial and

conditioners and heat pumps. conditioning heat pump, expressed in Industrial Unitary Air-Conditioning and

For purposes of subparts I through P Btu's, during its normal annual usage Air-Source Heat Pump Equipment."

of this part, terms are defined as period for cooling and divided by the (c) Availability ofreferences.

provided for elsewhere in this subpart, total electric power input, expressed in (1) Inspection of test procedures. You

in section 340 of the Act, and as watt-hours, during the same period may inspect the test procedures follows-. Single package unit means any centralm i peca ted by reftn cerat:ar 

means the ratio of the produced cooling conditioning heat pump in which all the o the Federal Registe, 00

effect of an air conditioner or heat pump major assemblies are enclosed in one Washington DC

(or its produced heating effect, cabinet. () .Dep e of Energy, Offi

depending on the mode of operation) to Small commercial package air- ii epartment of ner ffi

its net work input, when both the conditioning and heating equipment f Eergy Efficiency and Renewable

cooling (or heating) effect and the npet means air-cooled, water-cooled, Energy, Hearings and Dockets, "Test cooling i(or heating) effect and the rProcedures net and Efficiency Standards for

work input are expressed in identical evaporatively cooled, or water-source Procere a cin andar r units of measurement. (not including ground water-source) Commercial Air Conditioners and Heat

Energy Efficiency Ratio, or EER, electrically operated, unitary central air Pumps," Docket No. EE-RM/TP-99-

means the ratio of the produced cooling conditioners and central air- 460, 1000 Independence Avenue, SW.,

effect ettect of ot conditioning an an air air conditioner heat pumps or heat pump conditioning heat pumps for Washington, DC 20585. fords. to its net work input, expressed in Btu/ commercial application which are rated (2) Obtaining copies of Standards.

watt-hour. below 135,000 Btu per hour (cooling You may obtain a copy of the ARI

Heating seasonal performance factor capacity), and which are commercial standards from the Air-Conditioning

or HSPF means the total heating output HVAC & WH products. ad Refrigertion ntitt 4 3 0 N o th

of a central air-conditioning heat pump Split system means any central air Fairfax Drive, Suite 425, Arlington, VA

during its normal annual usage period conditioner or central air conditioning 22203, http://www.ari.org/.

for heating, expressed in Btu's and heat pump in which one or more of the §431.262 Uniform test method forthe

divided by the total electric power major assemblies are separate from the measurement of energy efficiency of small

input, expressed in watt-hours, during others. and large commercial package air

the same period. Test Procedures conditioning and heating equipment,

Large commercial package air- packaged terminal air conditioners, and

conditioning and heating equipment § 431.261 Materials incorporated by packaged terminal heat pumps.

means air-cooled, water-cooled, reference. (a) Scope. This section contains test

evaporatively cooled, or water-source (a) The Department incorporates by procedures you must follow if, pursuant

(not including ground water-source) reference the following test procedures to EPCA, you are measuring the energy

electrically operated, unitary central air which are not otherwise set forth in this efficiency of small and large commercial

conditioners and central air- part 431. The Director of the Federal package air-conditioning and heating

conditioning heat pumps for Register has approved the material equipment, packaged terminal air

commercial application that are rated at listed in paragraph (b) of this section for conditioners and packaged terminal

or above 135,000 Btu per hour and incorporation by reference in heat pumps.

below 240,000 Btu per hour (cooling accordance with 5 U.S.C. 552(a) and 1 (b) Testing and Calculations. For each

capacity), and that are commercial CFR Part 51. Any subsequent covered product, determine the energy

HVAC & WH products. amendment to this material by the efficiency by conducting the test

Packaged terminal air conditioner standard-setting organization will not procedure listed in the rightmost

means a wall sleeve and a separate un- affect the DOE test procedures unless column of the following table for that

encased combination of heating and and until DOE amends its test product, category, cooling capacity, and

cooling assemblies specified by the procedures. The Department energy efficiency descriptor:

EE-RM-TP-99-460 COMMENT 01C
Federal Register/Vol. 65, No. 154/Wednesday, August 9, 2000 / Proposed Rules 48837

Product Category Cooling capacity Energy efficiency Use tests, conditions and procedures in descriptor

Small Commercial Air Cooled, 3 Phase, <65,000 Btu/h ............ SEER ......................... ARI Standard 210/240-94

Packaged Air Con- AC and HP. HSPF ......................... ARI Standard 210/240-94

ditioning and Heating Equipment.

Air Cooled AC and HP 265,000 Btu/h and EER ............................ ARI Standard 210/240-94

<135,000 Btu/h. COP ........................... ARI Standard 210/240-94

Water Cooled AC ....... <135,000 Btu/h .......... EER ............................ ARI Standard 210/240-94

Evaporatively Cooled <135,000 Btu/h .......... EER ............................ ARI Standard 210/240-94

AC.

Water-Source HP ....... <135,000 Btu/h .......... EER ............................ ARI Standard 320-98

COP ........................... ARI Standard 320-98

Large Commercial Air Cooled AC and HP 2135,000 Btu/h and EER ............................ ARI Standard 340/360-93

Packaged Air Con- <240,000 Btu/h. COP ........................... ARI Standard 340/360-93

ditioning and Heating Equipment.

Water Cooled AC ....... >135,000 Btu/h and EER ............................ ARI Standard 340/360-93

<240,000 Btu/h.

Evaporatively Cooled >135,000 Btu/h and EER ............................ ARI Standard 340/360-93

AC. <240,000 Btu/h.

Packaged Terminal AC and HP ................. All ............................... EER ........ .................... ARI Standard 310/380-93

Air Conditioners and COP ........................... ARI Standard 310/380-93

Heat Pumps.

Energy Efficiency Standards January 1, 1994 (except for large efficiency standard level(s) set forth in

431.271 Energy y s s ad commercial package air-conditioning Tables 1 and 2 of this section. § 431.271 Energy efficiency standards and and heating equipment, for which the

effective dates and heating equipment, for which the

Each commercial air conditioner or effective date is January 1, 1995) must Each commercial air conditioner or meet the applicable minimum energy

heat pump manufactured on or after

TABLE 1.-MINIMUM COOLING EFFICIENCY LEVELS

Product Category Cooling capacity Subcategory Efficiency Level

Small Commercial Air Cooled, 3 Phase .. 265,000 Btu/h ............ Split System ............... SEER = 10.0

Packaged Air Con- Single Package .......... SEER = 9.7

ditioning and Heating Equipment.

Air Cooled .................. 65,000 Btu/h and All ............................... EER = 8.9

2135,000 Btu/h.

Water Cooled Evapo- >65,000 Btu/h ............ All ............................... EER = 9.3

ratively Cooled, and 65,000 Btu/h and All ............................... EER = 10.5

Water-Source. >135,000 Btu/h.

Large Commercial Air Cooled .................. °135,000 Btu/h and All ............................... EER = 8.5

Packaged Air Con- >240,000 Btu/h.

ditioning and Heating Equipment.

Water-Cooled, and 135,000 Btu/h and All ............................... EER = 9.6

Evaporatively 2240,000 Btu/h.

Cooled.

Packaged Term inal All ............................... >7,000 Btu/h .............. All ............................... EER = 8.88

Air Conditioners and >7,000 Btu/h and EER = 10.0-(0.16 x capacity [in thousands

Heat Pumps. 15,000 Btu/h. of Btu/h at 95° outdoor dry-bulb tempera215,000 Btu/h ............ ture])

EER = 7.6

All EER values must be rated at 95°F outdoor dry-bulb temperature for air-cooled products and evaporatively-cooled products and at 85°F

entering water temperature for water-source and water-cooled products.

TABLE 2.-MINIMUM HEATING EFFICIENCY LEVELS

Product Category Cooling capacity Subcategory Efficiency Level 2

Small Commercial Air Cooled, 3 Phase .. 265,000 Btu/h ............ Split System ............... HSPF = 6.8

Packaged Air Con- Single Package .......... HSPF = 6.6

ditioning and Heating Equipment.

Water-Source ............. 2135,000 Btu/h .......... Split System and Sin- COP = 3.8

gle Package.

Air Cooled .................. 65,000 Btu/h and All ............................... COP = 3.0

>135,000 Btu/h.

EE-RM-TP-99-460 COMMENT 01C
48838 Federal Register/Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules

TABLE 2.-MINIMUM HEATING EFFICIENCY LEVELS-Continued

Product Category Cooling capacity Subcategory Efficiency Level 2

Large Commercial Air Cooled .................. 135,000 Btu/h and Split System and Sin- COP = 2.9

Packaged Air Con- >240,000 Btu/h. gle Package.

ditioning and Heating Equipment.

Packaged Terminal All ............................... All ............................... All ............................... COP = 1.3+(0.16 x the applicable minimum

Heat Pumps. cooling EER prescribed in Table 1-Minimum Cooling Efficiency Levels)

2All COP values must be rated at 47°F outdoor dry-bulb temperature for air-cooled products and evaporatively-cooled products and at 70°F

entering water temperature for water-source products.

[FR Doc. 00-19723 Filed 8-8-00; 8:45 am] ADDRESSES: Please submit written in industry standards referenced by the

BILLING CODE 6450-01-P comments, oral statements, and requests American Society of Heating,

to speak at the workshop to Brenda Refrigerating, and Air-Conditioning

Edwards-Jones, U.S. Department of Engineers, Inc. (ASHRAE) Standard 90.1

DEPARTMENT OF ENERGY Energy, Office of Energy Efficiency and for commercial packaged boilers. Those

Renewable Energy, EE-41, Docket No. industry standards are: American

Office of Energy Efficiency and EE-RM/TP-99-470, 1000 Independence National Standards Institute (ANSI)

Renewable Energy Avenue, SW., Washington, DC 20585. Standard Z21.13a-1993, "Gas-Fired

You may send email to: Low Pressure Steam and Hot Water

10 CFR Part 431 brenda.edwards-jones@ee.doe.gov. Boilers;" The Hydronics Institute (HI)

[Docket No. EE-RM/TP-99-470] SUPPLEMENTARY INFORMATION: The Standard "Testing and Rating Standard

RIN 1904-AB02 workshop will begin at 9 a.m., on for Heating Boilers," 6th Edition, 1989; September 20, 2000, in Room 1E-245 at and American Society of Mechanical

Energy Efficiency Program for Certain the U.S. Department of Energy, Forrestal Engineers (ASME) PTC 4.1-1964/RACommercial and Industrial Equipment: Building, 1000 Independence Avenue, 1991, "Power Test Codes for Steam

Test Procedures and Efficiency SW., Washington, DC. You can find Generating Units." The proposed rule

Standards for Commercial Packaged more information concerning public would also incorporate by reference,

Boilers participation in this rulemaking ASHRAE Standard 103-1993, "Method

proceeding in section IV, "Public of Testing for Annual Fuel Utilization

AGENCY: Office of Energy Efficiency and Comment," of this notice of proposed Efficiency of Residential Central

Renewable Energy, Department of rulemaking. Furnaces and Boilers," for its test

Energy. You can read the transcript of the procedure with respect to condensing

ACTION: Notice of proposed rulemaking public workshop and public comments b oler

and public hearing. received in the Freedom of Information ers. Reading Room (Room No. 1E-190) at the You can view copies of these

SUMMARY: The Energy Policy and U.S. Department of Energy, Forrestal standards at the Department of Energy's

Conservation Act, as amended (EPCA), Building, 1000 Independence Avenue, Freedom of Information Reading Room

establishes energy efficiency standards SW., Washington, DC 20585, between at the address stated above. You can

and test procedures for certain the hours of 9:00 a.m. and 4:00 p.m., also obtain copies of the ASHRAE,

commercial products, including Monday through Friday, except Federal ANSI, HI, and ASME Standards from

commercial packaged boilers. In today's holidays, the American Society of Heating,

proposed rule, the Department of Energy You can obtain the latest information Refrigerating, and Air-Conditioning

(we, DOE, or the Department) proposes regarding the public workshop from the Engineers, Inc., 1971 Tullie Circle, NE,

regulations to implement the standards Office of Building Research and Atlanta, GA 30329, Internet URL: http:/

and test procedures for these boilers. Standards world wide web site at the /www.ashrae.org/book/bookshop.htm;

DATES: The Department will accept following address: http:// Global Engineering Documents, 15

comments, data, and information www.eren.doe.gov/buildings/ Inverness Way East, Englewood, CO

regarding the proposed rule until codes standards/index.htm 80112 or Internet URL: http://

October 23, 2000. Please submit ten (10) FOR FURTHER INFORMATION CONTACT: webstore.ansi.org/ansidocstore/; the

copies. In addition, we request that you Cyrus H. Nasseri, U.S. Department of Hydronics Institute Inc., 35 Russo Place,

provide an electronic copy (31/2" Energy, Office of Energy Efficiency and Berkeley Heights, NJ 07922, Internet

diskette) of the comments in Renewable Energy, Mail Station, EE-41, URL: http://www.gamanet.org/publist/

WordPerfectTM 8. 1000 Independence Avenue, SW., hydroordr.htm; and the American

We will hold a public hearing Washington, DC 20585, (202) 586-9138, Society of Mechanical Engineers, 345

(workshop) on September 20, 2000, in FAX (202) 586-4617, e-mail: East 47th Street, New York, NY 10017,

Washington, DC. Please send requests to Cyrus.Nasseri@ee.doe.gov, or Edward Internet URL: http://www.asmeny.org/

speak at the workshop so that we Levy, Esq, U.S. Department of Energy, catalog, respectively.

receive them by 4 p.m., September 6, Office of General Counsel, Mail Station,

2000. Send ten (10) copies of your GC-72, 1000 Independence Avenue, I. Introduction

statements for the public workshop so SW., Washington, DC 20585, (202) 586- A. Authority

that we receive them by 4 p.m., 9507, e-mail: Edward.Levy@hq.doe.gov. B. Background

September 13, 2000. We also request a SUPPLEMENTARY INFORMATION: The 1. General

computer diskette (WordPerfectTM 8) of proposed rule incorporates, by 2. Issues Concerning Packaged Boilers

each statement. reference, the test procedures contained C. The Proposed Rule

EE-RM-TP-99-460 COMMENT 01C