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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 Rules48828 Federal Register/Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules

DEPARTMENT OF ENERGY participation in this rulemaking Society ofHeating, Refrigerating, and proceeding in section IV, "Public Air-Conditioning Engineers, Inc., 1971 Office of Energy Efficiency and Comment," ofthis notice. Tullie Circle, NE, Atlanta, GA 30329, Renewable Energy You can readthe transcript ofthe http://www.ashrae.org; and the Airpublic workshop and public comments Conditioning and Refrigeration Institute, 10 CFR Part431 received in theFreedom ofInformation 4301 North Fairfax Drive, Suite 425, [Docket No. EE-RM/TP-99-460] Reading Room (RoomNo. 1E-190) atthe Arlington, VA 22203, http:// U.S. Department ofEnergy, Forrestal www.ari.org, respectively. RIN 1904-AA97 Building, 1000 Independence Avenue, SW., Washington, DC 20585, between I.Introduction Energy EfficiencyProgram forCertain the hours of9:00 a.m. and 4:00 p.m., A. Authority Commercial and IndustrialEquipment: Monday through Friday, except Federal B.Background Test Procedures and Efficiency holidays. 1.General Standardsfor Commercial Air You can obtain the latest information 2.Issues ConcerningCommercial Air Conditioners and Heat Pumps regarding the public workshop from the Conditioners and Heat Pumps AGENCY: Office ofEnergy Efficiency and Office ofBuildingResearch and Renewable Energy, Department of Standards world wide web site atthe II. Discussion Energy. following address: http:// A. General ACTION: Proposed rule and public www.eren.doe.gov/buildings/ B.Commercial Air Conditionerand Heat hearing. codes standards/index.htm. Pump Definition and Scope ofCoverage FOR FURTHER INFORMATION CONTACT: 1.Coverage ofHeating-Only HeatPumps 2.Coverage ofComputerRoom Air SUMMARY: TheEnergy Policy and Cyrus H. Nasseri, U.S. Department of Conditioners Conservation Act, as amended (EPCA), Energy, Office ofEnergy 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 ProjectCommittee 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. Intoday's proposed rule,the Cyrus.Nasseri@ee.doe.gov, or Edward cooling air conditioners and computer room airconditioners Department ofEnergy (we, DOE, orthe Levy, Esq, U.S.Department ofEnergy, d ASHRAE Standard 127-88 Department) proposes regulations to Office ofGeneral Counsel, Mail Station, e. October 1998 Workshop Discussion implement the standards and test GC-72, 1000 Independence Avenue, f.Conclusion procedures forthese air conditioners SW., Washington, D.C. 20585, (202) 3.Coverage ofEquipment with a Variableand heat pumps. 586-9507, e-mail: Speed Drive DATES: The Department will accept Edward.Levy~hq.doe.gov. C.Commercial AirConditioner andHeat Pump Test Procedures forthe comments, data, and informatirn Pump Test Procedures forthe comments, data, and information SUPPLEMENTARY INFORMATION: The Measurement ofEnergy Efficiency regarding the proposed rule until proposed rule incorporates, by 1.Test Procedures the DepartmentIntends 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) ofthe comments in Heating, Refrigerating, andAir- Pumps WordPerfect T 8. Conditioning Engineers, Inc. (ASHRAE) III.ProceduralRequirements

We will hold a public hearing Standard 90.1 for commercial air A. Review Under theNational Environmental (workshop) on September 21, 2000, in conditioners and heat pumps. Three of PolicyAct of1969 Washington, DC. Please send requests to these industry standards were published B.Review Under Executive Order 12866, speak atthe workshop sothat we by the Air-Conditioning and "Regulatory Planning andReview" receive them by 4 p.m., September 7, Refrigeration Institute (ARI) and the C.Review Under the Regulatory Flexibility 2000. Send ten (10) copies ofyour fourth wasjointly published by theARI Act U E O 1

, statements forthe public workshop so and theCanadian 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 alsorequest a follows: "Governmental Actions and Interference computer diskette (WordPerfect TM8) 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 PumpEquipment", "Civil Justice Reform" H.Review Under Section 32 oftheFederal Energy, Office ofEnergy Efficiency and o Standard 320-98, "Water-Source Energy Administration Actof 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 of1995 Avenue, SW., Washington, DC 20585. has aCSA designation CSA-C744-93), J.Review Under thePlain 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 theTreasury and General workshop willbegin at 9 a.m., on You can view copies ofthese Government Appropriations Act, 1999 September 21, 2000, in Room 1E-245 at standards at theDepartment ofEnergy's IV.Public Comment the U.S. Department ofEnergy, Forrestal Freedom ofInformation Reading Room A. Written Comment Procedures Building, 1000 Independence Avenue, atthe address stated above. You can B.Public Workshop SW, Washington, DC. You can find also obtain copies oftheASHRAE and 1.Procedures for submitting requests to
more information concerning public ARI Standards fromthe American speak

### Federal Register/Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules 48829

2.Conduct ofworkshop a testprocedure rule applicable to a heating products. We requested C. Issueson which Comments are Requested covered commercial product, such as a comment on a number ofspecific issues, I. Introduction commercial air conditioner and heat including issues related to test pump, isprescribed, no manufacturer, procedures for commercial products, as A.Authority distributor, retailer orprivate labeler well as the most cost effective and

PartB ofTitle III ofthe Energy Policy may make anyrepresentation in writing reliable regimes for sampling, and Conservation Act (EPCA) of 1975, or inbroadcast 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 ofthe 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 PolicyAct of 1992 NAECA, to require manufacturers of on the issues asthey 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 ofStandards and Consumer Products other than variety ofpurposes, including insuring Technology (NIST) for resolving them. Automobiles." Part 3ofTitle IV of compliance withrequirements. See 42 2. Issues Concerning Commercial Air NECPA amended EPCA to add "Energy U.S.C. 6316(a). Conditioners and Heat Pumps Efficiency ofIndustrial Equipment," B. Background which included air conditioning During the April 1998 workshop, we equipment and other types of 1.General sought comments onthe following issue commercial products. TheDepartment ofEnergy has an regarding testprocedures 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, testprocedures, commercial products, conducted under (1)Doesthe current test procedure for labeling provisions, energy conservation Part B ofTitle III ofEPCA,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 offourparts: Test static pressures? manufacturers. See 42 U.S.C. 6311- procedures, Federal energy conservation Attendees atthe April 1998 workshop 6316. EPCA authorizes the Secretary of standards, labeling, and certification provided comments and input onthis Energy to prescribe testprocedures 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. Theworkshop results which reflect energy efficiency, responsible for labeling, and we participants also raised the following energy use and estimated operating implement the remainder ofthe additional major issues (which are costs, and that are not unduly program as codified in Title 10 ofthe numbered continuously with the first burdensome to conduct. 42 U.S.C. 6314. Code ofFederal 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 10CFR Part 430 covers including commercial air conditioners primarily consumer products, which (3) Are computer room air and heat pumps, "the test procedures differfrom commercial and industrial conditioners covered products? shall be those generally accepted products, we created anew Part 431 (10 (4) What should bethe test industry testing procedures orrating CFR Part 431) in the Code ofFederal procedures for water-source heat procedures developed or recognized by Regulations, entitled "Energy pumps? the American Society ofHeating, Conservation Program for Commercial Afterthe April 1998 workshop, we Refrigerating and Air Conditioning and Industrial Equipment," to worked towards addressing the Engineers, as referenced inASHRAE/ implementDOE's program for most identified issues for commercial air IES Standard 90.1 and in effect onJune 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, ifsuch an industrytesting or include commercial heating, air work, and NIST developed a summary rating procedure gets amended, DOE conditioning and water heating report ofthe recommendations. The mustrevise itstest procedure tobe 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 usto 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 inthe statute than the FTC, to administer the statute's included draft rule language for fortest 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 atthe second workshop. The products, the Secretary must publish convened apublic 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 thatwould aid in the October 1998 workshop, is also present data,views and arguments. 42 development ofrules for commercial numbered continuously with the prior U.S.C. 6314(b). Effective 360 days after heating, air conditioning andwater issues:

### 48830 Federal Register/Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules

(5)What shouldbe the test efficiency ratio for cooling. (42 U.S.C. April 1998, CEC had 637 certified procedures for equipment withvariable- 6313(a)(3)(B)). computer room air conditioners on file. speed drives? We further believe that to construe b. Legislativehistoryand positionof EPCA as excluding heating-only heat ASHRAE Standard ProjectCommittee C. TheProposedRule pumps from coverage would have no 90.1:The Report that accompanied the

Today's proposed rule incorporates significant impact on national energy House ofRepresentatives version of (1) energy efficiency test procedures for consumption. According to information EPACT (House Report) states thatthe commercial air conditioners and heat provided by representatives ofmajor law "amends the existing law [EPCA] to pumps, (2) definitions that clarify Heating, Ventilating and Air set minimum energy efficiency EPCA's coverage ofthese 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. Inpreparing these October 1998 workshops, although a equipment * * *intended for use in proposals, we have considered both oral small number ofheating-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, itappears that the statute appropriate. Section II contains the available, orexpected tobe available is not concerned, for example, with

reasons for incorporating or not any time sooninthe United States. energy used in industrial processes. incorporating any significant Accordingly, today's proposed rule TheHouse Report also points outthat recommendations. excludes heating-only heat pumps. the efficiency standards specified inthe „a_

## ~ ,-, p, A bill "were developedby * * * II. Discussion 2. Coverage ofComputer 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 ofwhether 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 underEPCA, 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 ofCoverage," and In subsequent written comments, CEC However, the ASHRAE Standard 90.1 subsection II-C addresses "Commercial contends thatEPCA indeed covers committee has discussed the coverage of Air Conditioner and Heat Pump Test computer room airconditioners. CEC computer room air conditioners during Procedures for the Measurement of maintains that nothing in the EPACT past meetings, including aSeptember Energy Efficiency." language suggests thatequipment 1998 interim meeting. The committee currently marketed as computer room decided that Standard 90.1 does not B. CommercialAirConditionerand air-conditioning equipment can be cover computer room air conditioners HeatPumpDefinitionsandScope of excluded fromthe scope ofthe statute. since the primary function ofcomputer Coverage CEC also maintains that we can not room air conditioners is to provide 1. Coverage ofHeating-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 isconsistent with the During the April 1998 workshop the which the equipment is sold. Title, Purpose, and Scope ofthe California Energy Commission (CEC) CEC has administered a certification Standard, which wasrevised 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 ofbuilding by EPCA. During the October 1998 conditioners, since 1977. Fornearly 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 usingthe same In sum, theHouse Report, the direct All workshop attendees who spoke on test method as used for conventional reliance ofthe EPACT legislation on this issue supported this opinion. central air-conditioning equipment. ASHRAE Standard 90.1, the scope ofthe

All ofthe definitions inEPCA Manufacturers had to test this product Standard, and the position ofthe indicate that commercial air onthe basis ofARI Standard 210/240, Standard 90.1 committee regarding conditioners and heat pumps covered which is referenced by ASHRAE computer room air conditioners, all byEPCA must have acooling 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" thebasis ofANSI/ASHRAE Standard EPACT.

are limited to "unitary central air 127, "Method ofTesting for Rating c. Functional differences between conditioners and central air- Computer and Data Processing Room comfortcoolingairconditioners and conditioning heat pumps," and EPCA Unitary Air-Conditioners." CEC tested a computerroomairconditioners: While categorizes all ofthem by cooling few computer room air conditioners thebasic design and many ofthe vital capacity. (42 U.S.C. 6311(8)-(9)). Also, according to both these standards and components ofcomputer 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 tobe met ifequipment is conventional air conditioners, there are conditioner that utilizes areverse cycle tested using ASHRAE Standard 127-88. certain important feature differences.

asthe prime method ofproviding heat. CEC selected theminimum EERlevels 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 suchthat theyrepresent equivalent 72°F and the most common relative performance forthe package terminal energy efficiency to the efficiency levels humidity setting is 50%. In addition to heat pump involves theenergy required under theARI standard. In producing the desired cooling effect,

### Federal Register/Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules 48831

computer room air conditioners may computer room air conditioners are room airconditioners. On the other humidify or dehumidify the air and testedunder ARI Standard 210/240. hand,the consensus standard for then, ifnecessary, reheat it. Computer iii. ASHRAE Standard 127-88 does performing such testing and rating,

room air conditioners achieve notimpose 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 notprescribed by EPCA. temperature alone does not warrant it. 37.5 scfm per 1000 Btu/h. The limit on The omission from EPCA ofa test This may push the space temperature theindoor-side air quantity limits to procedure for computer room air below the set point, and thus may some degreethe sensible heat ratio (the conditioners provides further support require correction by reheating the air. ratio ofthe sensible capacity to the total for the conclusion thatthis product is The coils areusually 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 fromthe e. October1998 WorkshopDiscussion: 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 thecoverage ofcomputer features differentiating computer room thatthe sensible heat ratio, condensate room airconditioners. 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 Standard127-88: prescribes two different levels of considerations, our view is that ASHRAE developed ASHRAE Standard external resistance for thetotal computer room air conditioners are not 127-88, "Method ofTesting for Rating delivered air for systems thatare currently covered by EPCAwithin the Computer and Data Processing Room intended for usewith field-installed definition ofcommercial 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) ofEPCA, 42 U.S.C. (ANSI) approved ASHRAE Standard conditioners with standard cooling 6311(8)-(9)). Ifsome ofthe 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.ofwater for systems with capacities however-if, for example, ASHRAE development ofthe 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 testprocedures referenced by ASHRAE Standard 90.1. different values ofthe minimum for this product or the product wasto Several differences exist between external pressure, one for each offive become widely used for conventional ASHRAE Standard 127-88 and the ARI specified cooling capacities upto 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 ofEquipment with a Standard 90.1. The following, for tests in the two methods. For example, Variable-Speed Drive example, is a list ofdifferences between for acooling capacity of 70,000 Btu/h, Wereceived 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 of0.2[0] in. ofwater, 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. ofwater. It appears that computer standard be formulated for variable cooling system, the reheating system, room air conditioners may experience a speed cooling equipment. Thecomment 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 ofthis type ofequipment conditions for reheating and air conditioners, and thatthe ASHRAE mandates minimum energy efficiency humidification rating. Therefore, the standard reflects this difference. standards. We believe the intent ofthe ARI standard can not accommodate Similar differences also exist between comment isto 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. Thelast descriptors that would address part load provide. three differences lead to different energy performance ofcommercial 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 theARI EPCA set forth efficiency standards and 72°F dry bulb and awet bulb standards. The difference in the performance descriptors for cooling temperature of60°F

.ARI Standard 210/ specified indoor drybulb temperature equipment. U.S.C. 6313(a)(1), (2), and 240-94 specifies an 80°F drybulb (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 of67°F. Since the typical operating ASHRAE Standard 127-88 testhaving 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 theARI test hhave to meet a prescribed minimum mandating the ARI test method with procedures. Seasonal Energy Efficiency Ratio (SEER) 80°F indoor airtemperature would most Because ofbeing 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 aheating function (i.e., heat 80°F indoor temperature. A system procedures for testing commercial air- pumps), aminimum Heating Seasonal optimized at 80°F will not perform conditioning equipment. But asjust 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

### 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 notrefer to any Air-Conditioners and Heat Pumps." would primarily affect the energy descriptors based on part load These current versions ofthe four consumption ofthe indoor air performance. standards require the same test methods circulating fan, which represents avery

With regard to efficiency standards, and calculation procedures as do the small fraction ofthetotal energy the purpose ofthis proposed rule isto versions thatwere 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 ofthe ARI standards have the energy efficiency wouldbe 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 ofthe parties affected by in theARI testprocedures, would likely standards. To the extent thatEPCA does therule. result in somereduction inrated
not prescribe efficiency standards for Today's proposed rule reflects our efficiencies, iftheDOE test procedures the part load performance ofa product, intent to adoptthe amended ARI were to contain such an increase it isbeyond the scope ofthis rulemaking standards, in accordance with section manufacturers would have to re-test and
to do so. 343(a)(4)(B) ofEPCA, 42 U.S.C. re-rate their products, and incur testing 6314(a)(4)(B). The Department does not and marketing costs as aconsequence. C.CommercialAir Conditioner and intend to determine that any ofthese Section 343(a) ofEPCA, 42 U.S.C. HeatPump TestProcedures for the amendments tothe ARI standards 6314(a), provides inessence that thetest Measurementof EnergyEfficiency contains atest procedure thatis either procedures under EPCAfor measuring EPCA requires that the testing unduly burdensome to conduct or not the efficiency ofcommercial air procedures for measuring the efficiency reasonably designed to reflect the conditioners and heat pumps shall be ofcommercial air conditioners and heat energy efficiency ofcommercial air industry testprocedures developed or pumps must be those generally accepted conditioners and heat pumps recognized by ARI orASHRAE, 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 testprocedures for these products reogizdyheAmrianSoARI Standard 6210/240-94, ARI SIndeed, it can be argued that because the H reognized bythe Ameriand Si y of Standard 340/360-93 andARI Standard external static pressures inthe ARI Conditioning Engineers, Inc., as 320-93 specify the minimum external standards have notchanged sinceJune 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 ineffect on us e 30, withindoor fans and field-installed (a)(4)(B)-(C), 42 U.S.C. 6314(a)(4)(B)- i992. Also, ifsuch an industry test ducts. The standards prescribe the (C). procedure orrating procedure for minimum pressures in a table which In view ofthe above, we have decided commercial air conditioner orheat lists the levels ofexternal 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 ifwe were developing from scratch Secretary determines that to do so ARI Standard 340/360, and Table 2in a test procedure for commercial airwould not produce testresults which ARI Standard 320-93.) The standards conditioning and heating equipment, reflect energy efficiency, energy use, prescribe larger values ofminimum inclusion ofstatic pressures higherthan and estimated operating costs, or that external resistance for larger-capacity those in the existing testprocedures the procedures would be unduly systems based on the assumption that might well be warranted. But the burdensome to conduct. larger systems wouldbe connected to reasons forretaining the pressure 1.Test Procedures the Department longer duct systems withmore 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 anybenefits 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 lowerthan values limited authority to alter the existing four industry test standards that apply that one generally encounters in testprocedures provides a further to commercial air conditioners and heat commercial buildings. This could lead reason not to make such achange atthis pumps. Three ofthese industry to apotentially overstated efficiency point. standards were published by the Air- rating. Consequently, we raised this Conditioning and Refrigeration Institute issue for discussion at theApril 1998 3. Test Procedure for Water-Source Heat (ARI) and the fourth wasjointly workshop. Pumps published by the ARIand the Canadian None ofthe participants at theApril In ASHRAE Standard 90.1-1999, Standards Association (CSA). The 1998 workshop shared our concern ASHRAE amended Standard 90.1's current versions ofthe 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 ofthe

* ARI Standard 210/240-94, "Unitary and several participants spoke in applicable efficiency standards and Air-Conditioning and Air-Source Heat support ofnot changing the current test changing the referenced testprocedure Pump Equipment;" requirements. They observed that: (1) fromARI 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)thepresent test Testing and Rating forPerformance- * ARI Standard 320-98, "Water- procedures-ARI Standard 210/240-94, Part 1: Water-to-Air and Brine-to-Air Source HeatPumps;" and ARI Standard 340/360-93 and ARI Heat Pumps." Under the amendments,

* ARI Standard 310/380-93 (which Standard 320-98-provide consistency thenew efficiency levels will go into also has a CSA designation CSA-C744- for purposes ofcomparing equipment; effect on October 29, 2001, and ISO

### 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 ofthe be redesigned or removed from the

measure compliance withthose levels. Department's Regulations, which market. Since the efficiency standards Priorto thattime, ARI Standard 320 will applies to rulemakings that are strictly have been in forceby statute since 1994, remain in force under Standard 90.1 to procedural. Accordingly, neither an we expect that anegligible number of

measure compliance with existing environmental assessment noran 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 ofperforming the proposed test become aware that ARI has changed its B.Review UnderExecutive Order12866 procedures depends on unitsize, but certification program for water-source eutoryP i Reicould amount to several thousands of heat pumps toreference ISO Standardnning andReview dollars per basicmodel. To the extent 13256-1 as the test procedure used in Today's proposed rule hasbeen 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 theymeet the existing statutory prescribe ARI Standard 320-98 as the 3(f) ofExecutive Order 12866, efficiency standards, or for any other DOE test procedure for water-source "Regulatory Planning and Review." 58 reason, theywill not incur new costs in heat pumps, in the final rule inthis 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 inplace under to review underthe Executive Order by economic impact will fall only on those ASHRAE Standard 90.1. We also intend the Office ofInformation and Regulatory firms which do notnowroutinely test to address DOE adoption ofthe ISO test Affairs, their products. We further believethat procedure, to replace ARI 320-98, in a C.Review UndertheRegulatory testing is awidely accepted practice, subsequent proceeding. Flexibility Act andthat companies that do not test are Nevertheless, in light ofASHRAE's rare and do not represent a substantial adoption in Standard 90.1-1999 ofISO TheRegulatory Flexibility Act of number ofsmall entities. Standard 13256-1, aswell as ARI's 1980, 5U.S.C. 603, requires the We have no discretion to apply actions, we are also considering preparation ofan initial regulatory different requirements to small adoption inthe final rule inthis flexibility analysis for everyrule which, manufacturers. EPCAmandates uniform proceeding ofISO Standard 13256-1, by law, the agency must propose for standards and testprocedures for instead ofASHRAE Standard 320, as the public comment, unless theagency commercial products. Inthis regard, it DOE testprocedure for water source certifies thatthe rule, ifpromulgated, 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. Inparticular, we impact on a substantial number ofsmall exemption" for consumer products (42 would like to receive results oftesting entities. A regulatory flexibility analysis U.S.C. 6295 (t)), itincludes no such the same products using the twotest examines theimpact oftherule on exemption for commercial and procedures, to compare efficiency small entities and considers alternative industrial products. differences ofthe twotest procedures. ways ofreducing negative impacts. Based onthe 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 inthe final rule as considers an entity to be a small significant impact on a substantial the DOEtest procedure for water-source business if,together with its affiliates, it numberofsmall businesses. heat pumps after reviewing this data, erfploys fe Ser than ainhreshld number D.Review UnderExecutiveOrder and after addressing anytechnical, legal T e hrehold nube for SIC13132, "Federalism" and procedural issues and concerns classification 3585, which includes air Executive Order 13132 (64 FR43255, about its immediate adoptionconditioners and heat pumps, is 750. August 4, 1999) imposes certain III.ProceduralRequirements We estimate that approximately 31 firms requirements on agencies formulating
A. Review UndertheNational manufacture covered commercial air and implementing policies or Environmental PolicyAct of1969 conditioners and heat pumps, and of regulations thatpreempt 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 ofthe 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 wouldnot regulate the National Environmental Policy Act of testprocedures incorporated intoday's States.The proposed rule would 1969 (NEPA), 42 U.S.C. 4321 et seq., the proposed rule, any costs ofcomplying primarily codify energy efficiency regulations ofthe Council on withthem are imposed by EPCA and standards and testprocedures already Environmental Quality, 40 CFR parts not the rule.Moreover, today's proposed established inEPCA for commercial air 1500-1508, our regulations for rule simply codifies testingprocedures conditioners and heat pumps. Wehave compliance with NEPA, 10 CFR Part that are already generally employed by determined that today'sproposed rule 1021, and the Secretarial Policy onthe manufacturers, both large and small. would not have a substantial direct National Environmental Policy Act The cost ofmeeting the requirements effect on the States, on the relationship June 1994). Implementation ofthe oftoday's proposed rule will depend on between the national government and proposed rule would notresult in thenumber ofbasic models a the States, or onthe distribution of environmental impacts. We have manufacturer produces and the number power and responsibilities among the therefore determined thatthe proposed ofthesemodels that do not complywith various levels ofgovernment. No further rule is covered under the Categorical theefficiency standards imposed by action is required by Executive Order Exclusion found at paragraph A6 of EPCA and would consequently need to 13132.

### 48834 Federal Register/Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules

E.Review UnderExecutiveOrder12630, H.Review UnderSection 32 ofthe the aggregate or to the private sector. "Governmental Actionsand Federal Energy AdministrationAct of Therefore, the requirements ofSections Interferencewith Constitutionally 1974 203 and 204 ofthe Unfunded Mandates Protected Property Rights" Under section 301 ofthe Department Act do not apply to this action.
Wehave determined under Executive ofEnergy Organization Act (Pub.L. 95- 1.Review UnderthePlainLanguage Order 12630, "Governmental Actions 91), we must comply with section 32 of Directives and Interference with Constitutionally the Federal EnergyAdministration 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), thatthis 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 mightrequire provides in partthat, where a proposed published rulemaking documents in compensation under the Fifth rule contains or involves use of plain language. TheMemorandum 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 UnderthePaperwork public ofthe useand background of language requirements will vary from ReductionAct such standards. one document to another, depending on Therule proposed in this notice the intended audience, but all plain No new collection ofinformation is incorporates certain commercial language documents should be logically imposed bythis proposed rule. standards which EPCA requires to be organized and clearly written. Accordingly, no clearance by the Office used. Theseinclude testing standards We have tried to make this proposed ofManagement and Budget is required referenced by ASHRAE Standard 90.1- rule easy to understand. We are also under the Paperwork Reduction Act (44 1989 forthe measurement ofsteady requesting suggestions onhow to U.S.C. 3501 etseq.). state thermal efficiency ofcommercial improve itsreadability further. G.Review UnderExecutive Order air conditioners and heat pumps. K Review Underthe Treasuryand 12988, "CivilJusticeReform" Because wehave very limited discretion K Review Under theTreasuryoand 12988Civl JusticeReformto depart from the standards referenced GeneralGovernmentAppropriations With respect to the review ofexisting in ASHRAE/IES 90.1, Section 32 ofthe Act, 1999 regulations and the promulgation of FEAA does not apply to them. Section 654 ofthe Treasury and

new regulations, Section 3(a) of General Government Appropriations Executive Order 12988, "Civil Justice I.Review UnderUnfundedMandates Act, 1999 (Pub. L. No. 105-277) requires Reform," 61 FR4729 (February 7, 1996), ReformAct of1995 federal agencies to issue aFamily imposes on executive agencies the Section 202 ofthe Unfunded Policymaking Assessment for any general dutyto adhere to the following Mandates Reform Act of 1995 proposed rule orpolicy 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 ofthe family (3) provide aclear legal standard for a Federal mandate that may result in as an institution. Accordingly, DOEhas affected conduct rather than a general expenditure by state, local, and tribal concluded that it is not necessary to standard and promote simplification governments, inthe aggregate, orby the prepare aFamily Policymaking andburden reduction. With regard to private sector, of$100 million or more Assessment. the review required by Section 3(a), in any one year. Theimpact assessment IV. Public Comment Section 3(b) oftheExecutive Order must include: (i) Identification ofthe specifically requires that Executive Federal law under which therule is A. Written CommentProcedures agencies make every reasonable effort to promulgated; (ii) a qualitative and We invite interested persons to
ensure that the regulation: (1) Clearly quantitative assessment ofanticipated participate inthe proposed rulemaking specifies the preemptive effect, ifany; costs and benefits oftheFederal by submitting data, comments, or (2) clearly specifies any effect on mandate and an analysis ofthe extentto information with respect to the issues existing Federal law orregulation; (3) which suchcosts to state, local, and set forth in today's rule to Ms. Brenda provide a clear legal standard for tribal governments may bepaid with Edward-Jones, at the address indicated affected conduct while promoting Federal financial assistance; (iii)if at thebeginning ofthe notice. We will simplification andburden reduction; (4) feasible, estimates ofthe future consider all submittals received by the specifies the retroactive effect, ifany; (5) compliance costs and ofany date specified atthe beginning ofthis adequately defines key terms; and (6) disproportionate budgetary effects the notice indeveloping the final rule. addresses other important issues mandate has on particular regions, According to 10CFR 1004.11, any affecting clarity and general communities, non-Federal units of person submitting information which he draftsmanship under any guidelines government, or sectors oftheeconomy; or she believes to beconfidential and issued bythe Attorney General. Section (iv) iffeasible, estimates ofthe effect on exemptby law from public disclosure 3(c) ofthe Executive Order requires the national economy; and (v)a should submit one complete copy ofthe agencies toreview regulations in light of description ofour prior consultation document and ten (10) copies, if applicable standards Section 3(a) and with elected representatives ofstate, 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 ofthe deleted. We will make our own
ormore ofthem. comments and concerns presented. determination with regard to the

We reviewed today's proposed rule We have determined that the action confidential status ofthe information under the standards ofSection 3 ofthe 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 ormore Factors ofinterest to us, when requirements ofthose standards. to state, local or to tribal governments in evaluating requests to treat asFederal Register/Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules 48835

confidential information that hasbeen workshop and we may also usea permits. The presiding official will submitted, include: professional facilitator to facilitate announce any further procedural rules,

(1)A description ofthe items; discussion. The workshop will not be a or modification ofthe above procedures, (2) Anindication as to whether and judicial orevidentiary-type hearing, but needed for the proper conduct ofthe why such items are customarily treated the Department will conduct it in hearing.

as confidential within the industry; accordance with 5U.S.C. 553 and We will make theentire record ofthis

(3) Whetherthe information is Section 336 oftheAct and a court rulemaking, includingthe transcript, generally knownby or available from reporter will be present to record the available for inspection in the other sources; transcript ofthe workshop. We reserve Department's Freedom ofInformation

(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 ofthetranscript from others without obligation concerning its establish the procedures governing the the transcribing reporter. confidentiality; conduct ofthe workshop. C.Issueson Which ommentsAre

(5) An explanation ofthe competitive TheDepartment 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 inreceiving

(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 oftime; and address these specific topics, but may appropriateness ofthetest procedures

(7) Why disclosure ofthe information cover any other issues pertinent to this proposed in today's rulemaking. Also, would be contrary to the public interest. rulemaking. TheDepartment will permit we welcome discussion on B. PublicWorkshop otherparticipants 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 ofthe hearing into comments on howto make this Speak segments, with each segment consisting proposed rule easier to understand. For

You will find the time and place of ofone or more ofthe following specific example: the publicworkshop listed atthe topics covered y thisnotice: Are th requ inthe rule beginning ofthis notice ofproposed Commercial Air Conditioner and Heat e Have we organized the material to rulemaking. We invite any person who Pump Definition and Scope ofCoverage suit your needs, or would a different has an interest intoday's notice of * Coverage ofHeating-Only Heat organization bebetter? proposed rulemaking, or who is a Pumps

· Canwe improve the rule's format? representative of agroup orclass of Coverage ofComputer Room Air ListofSubjects in10 CFR Part 431 persons that has an interest in these Conditioners proposed issues, to make arequest for * Coverage ofEquipment with a Administrative practice and

an opportunity to make an oral Variable-Speed Drive procedure, Commercial products, presentation. Ifyou 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 Issuedin Washington DC onJune 9 2000. 2945. You may hand deliver requests to Measurement ofEnergy Efficiency WRehe, speak to the address indicated atthe * Test Procedures theDepartment AssistantSecretary, EnergyEfficiencyand beginning ofthis notice between the Intends to Adopt Renewabl Energy. hours of8:00 a.m. and 4:00 p.m., * Minimum External StaticPressure Forthe reasons set forth in the Monday through Friday, except Federal * Test Procedure for Water-Source preamble, Title 10, Part 431 ofthe Code holidays, or send them by mail. Heat Pumps ofFederal 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 TheDepartment will introduce each amen as set or ow
or as a representative ofa group orclass topic with abrief summary ofthe PART 431-ENERGY EFFICIENCY ofpersons, is an appropriate relevant provisions ofthe proposed rule, PROGRAM FOR CERTAIN spokesperson, briefly describe the and the significant issues involved. We COMMERCIAL AND INDUSTRIAL nature ofthe interest inthe rulemaking, will then permit participants in the EQUIPMENT and provide a telephone number for hearing to make aprepared statement contact. Werequest each person limited to five (5) minutes on thattopic. 1.The authority citation for Part431 selected to be heard to submit an At the end ofallprepared statements on continues to read as follows: advance copy ofhis orher statement at atopic, the Department will permit each Authority: 42U.S.C. 6311-6316. least two weeks prior to the date ofthis participant tobriefly clarify his orher 2. Subpart is added to read as workshop as indicated atthe beginning statement and comment on statements followsS ofthis notice. At our discretion, wemay made by others. Participants should be permit any person who cannot do this prepared to answer questions by us and SubpartJ-Commercial AirConditioners
to participate ifthat person has made by other participants concerning these and HeatPumps alternative arrangements withthe Office issues. Our representatives may also ask Sec. of Building Research and Standards in questions ofparticipants concerning 431.251 Purpose and scope. advance. The request to give an oral othermatters relevant to the hearing. 431.252 Definitions forcommercial air presentation should askfor such The total cumulative amount oftime conditioners and heat pumps. alternative arrangements. allowed for eachparticipant tomake TestProcedures
2. Conduct ofWorkshop prepared statements will be 20 minutes. 431.261 Materials incorporated by 'Theofficial conducting thehearing reference. The Department will designate a will accept additional comments or 431.262 Uniform testmethod forthe Department official to preside at the questions from those attending, astime measurement ofenergy efficiency of

### 48836 Federal Register/Vol. 65, No. 154/Wednesday, August 9, 2000/Proposed Rules

small andlarge 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 ofthe approval and a notice of packaged terminal airconditioners, and commercial HVAC &WH product. It any change inthe material willbe packaged terminal heatpumps. includes a prime source ofrefrigeration, published inthe Federal Register. EnergyEfficiency Standards separable outdoor louvers, forced (b)Listoftestprocedures 431.271 Energyefficiency standards and ventilation, and heating availability by incorporated by reference. effective dates. builder's choice ofhotwater, steam, or (1)Air-Conditioning and Refrigeration electricity. Institute (ARI) Standard 210/240-94 SubpartJ-Commercial Air Packagedterminal heatpump means published in 1994, "Unitary AirConditioners andHeat Pumps a packaged terminal air conditionerthat Conditioning and Air-Source Heat §4311 Purpose ad scop. utilizes reverse cycle refrigeration as its PumpEquipment." § s431.251 Purposeandscope prime heat source, that has a (2)ARI Standard 310/380-93 This subpart contains renmerctgy 

### rsupplementary heat source available, published in 1993, "Standard for conservation requirements for certain withthe choice ofhot water, steam, or Package Terminal Air-Conditioners and commercial air conditioners and heat electric resistant heat, and that isa Heat Pumps." pumps, pursuantto Part C ofTitle III of commercial HVAC & WH product (3)ARI Standard 320-98 published in theEnergy Policy and Conservation Act, Seasonalenergyefficiency ratioor 1998, "Water-Source HeatPumps."

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

For purposes of subparts IthroughP Btu's, during its normal annual usage Air-Source Heat Pump Equipment." ofthis part,terms are defined as period for cooling and divided by the (c)Availabilityofreferences. provided forelsewhere in this subpart, total electric power input, expressed in (1)Inspectionoftest procedures.You in section 340 ofthe Act, and as watt-hours, during the same period may inspect the test procedures follows-. Singlepackageunitmeans anycentralm i peca ted by reftn ar cerat:

means the ratio ofthe produced cooling conditioning heat pump in which all the othe Federal Registe, 00 effect ofan air conditioner orheat pump major assemblies are enclosed in one Washington DC (or its produced heatingeffect, cabinet. ()

.Dep e ofEnergy, Offi depending on the mode ofoperation) to Small commercial packageair- ii epartment of ner ffi its net work input,when both the conditioningandheatingequipment fEergy Efficiency and Renewable cooling (or heating) effect and the npet means air-cooled, water-cooled, Energy, Hearings and Dockets, "Test coolingi(or heating) effect and the net rProcedures and Efficiency Standards for work input are expressed inidentical evaporatively cooled, orwater-source Procere a cin andar r units ofmeasurement. (not including ground water-source) Commercial Air Conditioners and Heat

EnergyEfficiencyRatio, orEER, electrically operated, unitary central air Pumps," DocketNo. EE-RM/TP-99-

means the ratio ofthe produced cooling conditioners and central air- 460, 1000 Independence Avenue, SW., effect ofan air conditioner orheatpump conditioning heat pumps for Washington, DC 20585. ettect ot an air conditioning heat pumps fords. to its net work input, expressed inBtu/ commercial application which are rated (2) ObtainingcopiesofStandards. watt-hour. below 135,000 Btu per hour (cooling You may obtain a copy ofthe ARI

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

orHSPF means the total heating output HVAC &WH products. ad Refrigertion ntitt 430 No th ofa central air-conditioning heat pump Splitsystem means any central air Fairfax Drive, Suite425, Arlington, VA during its normal annual usage period conditioner or central airconditioning 22203, http://www.ari.org/. for heating, expressed in Btu's and heat pump in which one or more ofthe §431.262 Uniform test methodforthe divided bythe total electric power major assemblies are separate from the measurement ofenergy efficiency of small input, expressed in watt-hours, during others. and largecommercial package air the same period. TestProcedures conditioning and heating equipment,

Largecommercial packageair- packaged terminalairconditioners, and conditioningandheatingequipment §431.261 Materialsincorporatedby packaged terminal heat pumps.

means air-cooled, water-cooled, reference. (a) Scope. This section contains test evaporatively cooled, or water-source (a) TheDepartment incorporates by procedures you must follow if,pursuant (not includingground water-source) reference the followingtest procedures to EPCA, you are measuring the energy electrically operated, unitary central air which are nototherwise set forth in this efficiency of small and large commercial conditioners and central air- part 431. The Director ofthe 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) ofthis section for conditioners and packaged terminal

or above 135,000 Btu perhour and incorporation by reference in heat pumps. below 240,000 Btu per hour (cooling accordance with 5U.S.C. 552(a) and 1 (b) TestingandCalculations. 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

Packagedterminalairconditioner standard-setting organization will not procedure listed inthe rightmost

means a wall sleeveand a separate un- affect theDOE test procedures unless column ofthe following table for that encased combination ofheating and and untilDOE amends its test product, category, cooling capacity, and cooling assemblies specified by the procedures. The Department energy efficiency descriptor:

### Federal Register/Vol. 65, No. 154/Wednesday, August 9, 2000 /Proposed Rules 48837

Product Category Cooling capacity Energy efficiency Usetests, 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 

### ys sad commercial package air-conditioning Tables 1 and 2 ofthis section. §431.271 Energy efficiency standardsand and heating equipment, for which the effective dates and heating equipment, for which the

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

### heatpump manufactured on orafter

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 Terminal 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.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 Level2

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 enteringwater temperature for water-source products.

[FRDoc. 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 ofHeating,
to speak atthe workshop to Brenda Refrigerating, and Air-Conditioning Edwards-Jones, U.S. Department of Engineers, Inc. (ASHRAE) Standard 90.1 DEPARTMENT OF ENERGY Energy, Office ofEnergyEfficiency 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 Youmay send email to: LowPressure Steam and Hot Water 10 CFR Part431 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 ofMechanical Energy Efficiency Program for Certain the U.S. Department ofEnergy, 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. Youcan find Generating Units." Theproposed rule Standards forCommercial 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 ofTesting for Annual Fuel Utilization AGENCY: Office ofEnergy Efficiency and Comment," ofthis notice ofproposed Efficiency ofResidential Central Renewable Energy, Department of rulemaking. Furnaces and Boilers," for itstest Energy. You can read the transcript ofthe procedure with respect to condensing ACTION: Notice ofproposed rulemaking public workshop and public comments boler and public hearing. received in the Freedom ofInformation ers. Reading Room (Room No. 1E-190) at the You can view copies ofthese SUMMARY: The Energy Policy and U.S. Department ofEnergy, Forrestal standards atthe Department ofEnergy's Conservation Act, as amended (EPCA), Building, 1000 Independence Avenue, Freedom ofInformation Reading Room establishes energy efficiency standards SW., Washington, DC 20585, between atthe address stated above. Youcan and test procedures forcertain the hours of9:00 a.m. and 4:00 p.m., also obtain copies ofthe ASHRAE, commercial products, including Monday through Friday, except Federal ANSI, HI, and ASME Standards from commercial packaged boilers. Intoday's holidays, theAmerican Society ofHeating, proposed rule, the Department ofEnergy You can obtain the latest information Refrigerating, and Air-Conditioning (we, DOE, orthe Department) proposes regarding the public workshop from the Engineers, Inc., 1971 Tullie Circle, NE, regulations to implement the standards Office ofBuilding 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: TheDepartment 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 submitten (10) FOR FURTHER INFORMATION CONTACT: webstore.ansi.org/ansidocstore/; the copies. In addition, werequest that you Cyrus H.Nasseri, U.S. Department of Hydronics Institute Inc., 35 Russo Place, provide an electronic copy (31/2" Energy, Office ofEnergyEfficiency and Berkeley Heights, NJ 07922, Internet diskette) ofthe comments in Renewable Energy, Mail Station,EE-41, URL: http://www.gamanet.org/publist/ WordPerfectT M 8. 1000 Independence Avenue, SW., hydroordr.htm; and the American We will hold a public hearing Washington, DC20585, (202) 586-9138, Society ofMechanical 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 atthe workshop so thatwe Levy,Esq, U.S. Department ofEnergy, catalog, respectively. receive them by 4 p.m., September 6, Office ofGeneral Counsel, Mail Station, 2000. Send ten (10) copies ofyour 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.IssuesConcerning Packaged Boilers each statement. reference, thetest procedures contained C.The ProposedRule