Federal Register / Vol. 78, No. 151 / Tuesday, August 6, 2013 / Notices 47681 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

involved public utility commissions and 

public utilities? 

• What roles do public/private 

utilities have or could take in improving 

energy code compliance? Can 

evaluation of energy code compliance 

could be considered similarly to 

evaluation of utility ‘‘above code’’ 

programs. 

• Are there approaches to energy 

code compliance that have the potential 

to be financially self-sustaining (i.e., 

approaches to energy code compliance 

that do not require direct government 

funding)? 

• What is the proper way to attribute 

energy savings from compliance 

programs to various stakeholders? 

DOE Compliance Evaluation Resources 

and Actions 

• Should DOE provide resources for 

compliance evaluation, such as software 

tools, methodologies, checklists, 

training templates, etc.? 

• Are there additional resources DOE 

should be providing for energy code 

compliance that are not currently 

available? 

• How could incentive funding be 

used to facilitate states to increase 

energy code adoption and compliance 

efforts? 

• Is there a role DOE could play to 

support third-party evaluators? 

• What other suggestions would you 

have for DOE to consider, in working 

with states, municipalities, and the 

construction community to better 

understand, track, and assist with 

energy code compliance? 

Issued in Washington, DC, on July 31, 

2013. 

Roland Risser, 

Director, Building Technologies Office, 

Energy Efficiency and Renewable Energy. 

[FR Doc. 2013–18952 Filed 8–5–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CAC–041] 

Notice of Petition for Waiver of ECR 

(ECR) International, Inc. From the 

Department of Energy Residential 

Central Air Conditioners and Heat 

Pumps Test Procedure, and Grant of 

Interim Waiver 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of petition for waiver, 

notice of grant of interim waiver, and 

request for comments. 

SUMMARY: This notice announces receipt 

of and publishes a petition for waiver 

and application for interim waiver 

(‘‘petition’’) from ECR International, Inc. 

(ECR) regarding specified portions of the 

U.S. Department of Energy (DOE) test 

procedure for determining the energy 

consumption of residential central air 

conditioners and heat pumps. In its 

petition, ECR provides an alternate test 

procedure specific to EMI multi-zone 

unitary small air conditioners and heat 

pumps. DOE solicits comments, data, 

and information concerning ECR’s 

petition and the suggested alternate test 

procedure. Today’s notice also grants 

ECR an interim waiver from the existing 

DOE test procedures for the subject EMI 

(Enviromaster International) multi-zone 

unitary small air conditioners and heat 

pumps. 

DATES: DOE will accept comments, data, 

and information with respect to the ECR 

Petition until, but no later than 

September 5, 2013. 

ADDRESSES: You may submit comments, 

identified by case number ‘‘CAC–041,’’ 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

AS_Waiver_Requests@ee.doe.gov 

Include the case number [Case No. 

CAC–041] in the subject line of the 

message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J/ 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Please 

submit one signed original paper copy. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Please submit 

one signed original paper copy. 

Docket: For access to the docket to 

review the background documents 

relevant to this matter, you may visit the 

U.S. Department of Energy, 950 L’Enfant 

Plaza SW., Washington, DC, 20024; 

(202) 586–2945, between 9:00 a.m. and 

4:00 p.m., Monday through Friday, 

except Federal holidays. Available 

documents include the following items: 

(1) this notice; (2) public comments 

received; (3) the petition for waiver and 

application for interim waiver; and (4) 

prior DOE waivers and rulemakings 

regarding similar refrigerator-freezer 

products. Please call Ms. Brenda 

Edwards at the above telephone number 

for additional information. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bryan Berringer, U.S. Department of 

Energy, Building Technologies Program, 

Mail Stop EE–2J, Forrestal Building, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–0371. Email: 

Bryan.Berringer@ee.doe.gov. 

Ms. Jennifer Tiedeman, U.S. 

Department of Energy, Office of the 

General Counsel, Mail Stop GC–71, 

Forrestal Building, 1000 Independence 

Avenue SW., Washington, DC 20585– 

0103. Telephone: (202) 287–6111. 

Email: 

mailto:Jennifer.Tiedeman@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

Title III, Part B of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6291– 

6309, as codified), added by Public Law 

95–619, Title IV, § 441(a), established 

the Energy Conservation Program for 

Consumer Products Other Than 

Automobiles, a program covering most 

major household appliances, which 

includes the residential central air 

conditioners and heat pumps that are 

the focus of this notice.1 Part B includes 

definitions, test procedures, labeling 

provisions, energy conservation 

standards, and the authority to require 

information and reports from 

manufacturers. Further, Part B 

authorizes the Secretary of Energy to 

prescribe test procedures that are 

reasonably designed to produce results 

which measure the energy efficiency, 

energy use, or estimated annual 

operating costs of a covered product, 

and that are not unduly burdensome to 

conduct. (42 U.S.C. 6293(b)(3)) The test 

procedure for residential central air 

conditioners and heat pumps is 

contained in 10 CFR part 430, subpart 

B, appendix M (referred to in this notice 

as ‘‘Appendix M’’). 

The regulations set forth in 10 CFR 

430.27 contain provisions that enable a 

person to seek a waiver from the test 

procedure requirements for covered 

products. The Assistant Secretary for 

Energy Efficiency and Renewable 

Energy (the Assistant Secretary) will 

grant a waiver if it is determined that 

the basic model for which the petition 

for waiver was submitted contains one 

or more design characteristics that 

prevents testing of the basic model 

according to the prescribed test 

procedures, or if the prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption 

characteristics as to provide materially 


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inaccurate comparative data. 10 CFR 

430.27(l). A petitioner must include in 

its petition any alternate test procedures 

known to the petitioner to evaluate the 

basic model in a manner representative 

of its energy consumption. The 

Assistant Secretary may grant the 

waiver subject to conditions, including 

adherence to alternate test procedures. 

10 CFR 430.27(l). Waivers remain in 

effect pursuant to the provisions of 10 

CFR 430.27(m). 

The waiver process also allows the 

Assistant Secretary to grant an interim 

waiver from test procedure 

requirements to manufacturers that have 

petitioned DOE for a waiver of such 

prescribed test procedures. 10 CFR 

430.27(g). An interim waiver remains in 

effect for 180 days or until DOE issues 

its determination on the petition for 

waiver, whichever occurs earlier. DOE 

may extend an interim waiver for an 

additional 180 days. 10 CFR 430.27(h). 

II. Petition for Waiver of Test Procedure 

and Application for Interim Waiver 

On March 26, 2013, ECR submitted a 

petition for waiver and application for 

interim waiver (‘‘petition’’) from the test 

procedure applicable to residential 

central air conditioners and heat pumps 

set forth in 10 CFR part 430, subpart B, 

appendix M. ECR seeks a waiver from 

the applicable test procedure because, 

ECR asserts that the prescribed test 

procedures yield results that are 

unrepresentative of actual energy 

consumption for ECR’s Enviromaster 

International (‘‘EMI’’) line of multi-zone 

unitary small air conditioners and heat 

pumps. In its petition, ECR asserts that 

the DOE test procedures currently 

applicable to these products do not 

sufficiently address the unique 

configuration of those products, and 

therefore do not produce results that are 

(1) representative of their energy 

consumption characteristics or (2) 

consistent, accurate and repeatable. In 

order to be assured that it is correctly 

calculating the energy consumption of 

the product, that it meets the minimum 

energy requirements for its product 

class, and is properly labeled, ECR 

proposes to use an alternate test 

procedure for testing its models. 

ECR also requests an interim waiver 

from the existing DOE test procedure. 

An interim waiver may be granted if it 

is determined that the applicant will 

experience economic hardship if the 

application for interim waiver is denied, 

if it appears likely that the petition for 

waiver will be granted, and/or the 

Assistant Secretary determines that it 

would be desirable for public policy 

reasons to grant immediate relief 

pending a determination of the petition 

for waiver. 10 CFR 430.27(g). 

DOE has determined that ECR’s 

application for interim waiver does not 

provide sufficient market, equipment 

price, shipments and other 

manufacturer impact information to 

permit DOE to evaluate the economic 

hardship ECR might experience absent a 

favorable determination on its 

application for interim waiver. 

However, DOE has determined based 

upon a technical evaluation of ECR’s 

proposed alternate test method and the 

characteristics of the products 

addressed by the petition, that it is 

likely ECR’s petition will be granted, 

and that it is desirable for public policy 

reasons to grant ECR relief pending a 

determination on the petition. DOE has 

determined that it is desirable to have 

similar basic models tested in a 

consistent manner. 

For the reasons stated above, DOE 

grants ECR’s application for interim 

waiver from testing of its multi-zone 

unitary small air conditioners and heat 

pumps product line. Therefore, it is 

ordered that: 

The application for interim waiver 

filed by ECR is hereby granted for the 

specified ECR multi-zone unitary small 

air conditioners and heat pumps basic 

models, subject to the specifications and 

conditions below. ECR shall be required 

to test or rate the specified multi-zone 

unitary small air conditioners and heat 

pumps products according to the 

alternate test procedure as set forth in 

section III, ‘‘Alternate Test Procedure.’’ 

The interim waiver applies to the 

following basic model groups: 

S2CG2200D, S2CG9200D, S2CG9900D, 

T2CG2400D, T2CG4400D, 

T2CG8800D, T2CG9800D, 

T3CG2220D, T3CG2240D, 

T3CG9920D, T3CG9980D, 

T3CG9990D, T4CG2222D, 

T4CG9922D, T4CG9992D, 

T4CG9999D, S2HH2200D, 

S2HH9200D, S2HH9900D, 

T2HG2400D, T2HG4400D, 

T2HG8800D, T2HG9800D, 

T3HG2220D, T3HG2240D, 

T3HG9920D, T3HG9980D, 

T3HG9990D, T4HG2222D, 

T4HG9922D, T4HG9992D, 

T4HG9999D 

DOE makes decisions on waivers and 

interim waivers for only those models 

specifically set out in the petition, not 

future models that may be manufactured 

by the petitioner. ECR may submit a 

subsequent petition for waiver and 

request for grant of interim waiver, as 

appropriate, for additional models of its 

multi-zone unitary small air 

conditioners and heat pumps for which 

it seeks a waiver from the DOE test 

procedure. In addition, DOE notes that 

a grant of an interim waiver or waiver 

does not release a petitioner from the 

certification requirements set forth at 10 

CFR part 429. 

Further, this interim waiver is 

conditioned upon the presumed validity 

of statements, representations, and 

documents provided by the petitioner. 

DOE may revoke or modify this interim 

waiver at any time upon a 

determination that the factual basis 

underlying the petition for waiver is 

incorrect, or upon a determination that 

the results from the alternate test 

procedure are unrepresentative of the 

basic models’ true energy consumption 

characteristics. 

III. Alternate Test Procedure 

EPCA requires that manufacturers use 

DOE test procedures to make 

representations about the energy 

consumption and energy consumption 

costs of products covered by the statute. 

(42 U.S.C. 6293(c)) Consistent 

representations are important for 

manufacturers to use in making 

representations about the energy 

efficiency of their products and to 

demonstrate compliance with 

applicable DOE energy conservation 

standards. Pursuant to its regulations 

applicable to waivers and interim 

waivers from applicable test procedures 

at 10 CFR 430.27, DOE will consider 

setting an alternate test procedure for 

ECR in a subsequent Decision and 

Order. 

In its petition, ECR states that for its 

multi-zone unitary small air 

conditioners and heat pumps models, 

tests using the DOE test procedure for 

residential central air conditioners and 

heat pumps at 10 CFR part 430, subpart 

B, appendix M (‘‘Appendix M’’) is 

inapplicable to their products and 

would result in measurements of energy 

use that are not representative of these 

models’ actual energy use. Thus, during 

the period of the interim waiver granted 

in this notice, ECR shall test its multizone unitary small air conditioners and 

heat pump basic models according to 

the existing DOE test procedure at 10 

CFR part 430, subpart B, appendix M 

with the modifications set forth below. 

1. Section 3.1.4.1.2 is replaced with 

the following: 

3.1.4.1.2 Cooling Full-load Air 

Volume Rate for Non-ducted Units. For 

non-ducted units, run the unit in a free 

air state (i.e., without the plenum, duct 

work, and air sampling apparatus 

attached to the outlet of the indoor unit) 

at the A test conditions. After 

condensate has dripped from the coil for 

no less than 10 minutes and air entering 


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the indoor unit meets the specified test 

conditions, measure and record the 

blower motor RPM, current, and power 

consumption for each indoor unit. For 

all tests that require the Cooling Fullload Air Volume Rate, adjust the air 

flow until the blower motor has the 

same RPM, current, and power 

consumption as measured when 

operating in a free air state. 

2. Section 3.1.4.4.4 is replaced with 

the following: 

3.1.4.4.4 Non-ducted heat pumps, 

including non-ducted heating-only heat 

pumps. For non-ducted heat pumps, run 

the heat pump in a free air state (i.e., 

without the plenum, duct work, and air 

sampling apparatus attached to the 

outlet of the indoor unit) at the H1 test 

conditions. After the unit has operated 

for 30 minutes and the air entering the 

indoor unit meets the specified test 

conditioners, measure and record the 

blower motor RPM, current, and power 

consumption for each indoor unit. For 

all tests that require the Heating Fullload Air Volume Rate, adjust the air 

flow until the blower motor has the 

same RPM, current, and power 

consumption as measured when 

operating in a free air state. 

3. In performance of section 3.1.7 

when testing a non-ducted air 

conditioner, establish the Cooling Fullload Air Volume Rate first according to 

section 3.1.4.1.2 prior to conducting the 

A, B, C, or D tests. When testing a nonducted heat pump establish the Heating 

Full-load Air Volume Rate first 

according to section 3.1.4.4.4. When 

conducting an optional cyclic test, 

always conduct it immediately after the 

steady-state test that requires the same 

test conditions. For variable-speed 

systems, the first test using the Cooling 

Minimum Air Volume Rate should 

precede the EV Test if one expects to 

adjust the indoor fan control options 

when preparing for the first Minimum 

Air Volume Rate test. Under the same 

circumstances, the first test using the 

Heating Minimum Air Volume Rate 

should precede the H2V Test. When 

testing multi-split systems where each 

indoor unit operates independently and 

has an independent refrigeration circuit, 

conduct a set of cooling and/or heating 

tests, if applicable, for each indoor unit 

individually, but run all units during 

each test. To measure the cooling 

capacity conduct the tests specified in 

section 3.2.1 for each indoor unit. To 

measure the heating performance, 

conduct the tests specified in section 

3.6.1 for each indoor unit. 

4. In section 3.3, perform the pretest 

interval in paragraph (a) as written, 

except for non-ducted units use the 

exhaust fan or the airflow measuring 

apparatus to obtain and then maintain 

the blower motor RPM, current, and 

power consumption as measured when 

operating in a free air state, according to 

section 3.1.4.1.2. Locate the pressure tap 

for each air handler first at the 

prescribed ASHRAE 41.2 distance of 

2*SQRT(A*B) and then adjust the 

position by moving the installation 

point closer or further away from the air 

handler until the 0.0 inch of water 

column point is located. 

For multi-split systems where each 

indoor unit operates independently and 

has an independent refrigeration circuit, 

sum the average total space cooling 

capacity of each individual indoor unit 

test and assign to Qc(T), and take the 

mean of the average electrical power 

consumption for each individual indoor 

unit test assign to Ec(T). Replace the 

‘‘T’’ with the nominal outdoor 

temperature at which the test was 

conducted. 

5. In performance of section 3.4, for 

multi-split systems where each indoor 

unit operates independently and has an 

independent refrigeration circuit, sum 

the total space cooling capacity of each 

individual indoor unit test and assign to 

Qss,dry, and take the mean of the 

average electrical power consumption 

for each individual indoor unit test and 

assign to Ess,dry. 

6. In performance of section 3.5, for 

multi-split systems where each indoor 

unit operates independently and has an 

independent refrigeration circuit, sum 

the total space cooling of each 

individual indoor unit test and assign to 

qcyc,dry, and take the mean of the 

electrical energy consumption of each 

indoor unit test and assign to ecyc,dry. 

7. In performance of section 3.5.3, for 

multi-split systems where each indoor 

unit operates independently and has an 

independent refrigeration circuit, take 

the average of the result from the 

cooling load factor calculation 

performed for each individual indoor 

unit test and assign to CLF. 

8. In performance of section 3.7, the 

pretest interval of paragraph (a) shall be 

performed as written, except use the 

exhaust fan or the airflow measuring 

apparatus to obtain and then maintain 

the blower motor RPM, current, and 

power consumption as measured when 

operating in a free air state, according to 

section 3.1.4.4.4. Locate the pressure tap 

for each air handler first at the 

prescribed ASHRAE 41.2 distance of 

2*SQRT(A*B) and then adjust the 

position by moving the installation 

point closer or further away from the air 

handler until the 0.0 inch of water 

column point is located. 

To calculate the overall result of the 

section 3.7 tests for multi-split systems 

where each indoor unit operates 

independently and has an independent 

refrigeration circuit, sum the average 

space heating capacity of each 

individual indoor unit test and assign to 

Qh(T), and take the average of the 

electrical power consumption of each 

individual indoor unit test and assign to 

Eh(T). Replace the ‘‘T’’ with the nominal 

outdoor temperature at which the test 

was conducted. 

9. In performance of section 3.8, for 

multi-split systems where each indoor 

unit operates independently and has an 

independent refrigeration circuit, sum 

the total space heating of each 

individual indoor unit test and assign to 

qcyc, and take the average of the 

electrical energy consumption of each 

individual indoor unit test and assign to 

ecyc. 

10. In performance of section 3.8.1, 

for multi-split systems where each 

indoor unit operates independently and 

has an independent refrigeration circuit, 

take the mean of the result from the 

heating load factor calculation 

performed for each individual indoor 

unit test and assign to HLF. 

11. In performance of section 3.9.1, 

for multi-split systems where each 

indoor unit operates independently and 

has an independent refrigeration circuit, 

perform the calculations specified in 

section 3.9.1a though section 3.9.1d, as 

needed, for each indoor unit and assign 

to Qh

k(35) the sum of the capacity 

results and assign to to Eh

k(35) the 

average of the power results. 

12. In performance of section 3.9.2, 

for multi-split systems where each 

indoor unit operates independently and 

has an independent refrigeration circuit, 

determine the demand defrost credit for 

each indoor unit and assign the average 

of the result to Fdef.

13. In performance of section 3.10, for 

multi-split systems where each indoor 

unit operates independently and has an 

independent refrigeration circuit, sum 

the average space heating capacity of 

each individual indoor unit test and 

assign to Qh

k(17), and take the mean of 

the electrical power consumption of 

each indoor unit and assign to Eh

k(17). 

IV. Summary and Request for 

Comments 

Through today’s notice, DOE 

announces receipt of ECR’s petition for 

waiver from the test procedures 

applicable to residential central air 

conditioners and heat pumps, and 

grants an interim waiver to ECR. As part 

of this notice, DOE is publishing ECR’s 

petition for waiver in its entirety 

pursuant to 10 CFR 431.401(b)(1)(iv). 

Confidential business information has 

been redacted from the petition. The 


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petition includes a suggested alternate 

test procedure to measure the energy 

consumption of central air conditioners 

and heat pumps basic models. 

Furthermore, today’s notice includes an 

alternate test procedure that ECR is 

required to follow as a condition of its 

interim waiver. ECR would be required 

to use this modified version of the 

Appendix M for testing and rating its 

products in accordance with the testing 

and certification requirements of 10 CFR 

part 429. 

DOE solicits comments from 

interested parties on all aspects of the 

petition. Any person submitting written 

comments to DOE must also send a copy 

of such comments to the petitioner. 10 

CFR 430.27(d). The contact information 

for the petitioner is: Ronald J. Passafaro, 

President and Chief Executive Officer, 

ECR International, Inc., 2201 Dwyer 

Ave., Utica, NY 13501. All submissions 

received must include the agency name 

and case number for this proceeding. 

Submit electronic comments in 

WordPerfect, Microsoft Word, Portable 

Document Format (PDF), or text 

(American Standard Code for 

Information Interchange (ASCII)) file 

format and avoid the use of special 

characters or any form of encryption. 

Wherever possible, include the 

electronic signature of the author. DOE 

does not accept telefacsimiles (faxes). 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit two copies to DOE: one 

copy of the document including all the 

information believed to be confidential, 

and one copy of the document with the 

information believed to be confidential 

deleted. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Issued in Washington, DC, on July 31, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

BILLING CODE 6450–01–P 


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ECR 

2201 Dwyer Ave. 

Utica, NY 13501 

Ph: 315-797-1310 

Fax: 315-797-3762 

E-Mail: info@ecrinternational.com 

Web: www.ecrinternational.com 

U.S. Department of Energy 

Building Technologies Program 

Test Procedure Waiver 

1000 Independence Avenue, SW, Mailstop EE-2J 

Washington, DC 20585-0121 

Dr. David Danielson 

Assistant Secretary for Conservation and Renewable Energy 

U.S. Department of Energy 

Forrestal Building 

1000 Independence Avenue, SW 

Washington, DC 20585-0121 

March 26, 2013 

Re: Petition for Waiver and Application for Interim Waiver, ECR International, Inc.: Multi-Zone 

Unitary Small Air Conditioners and Heat Pumps 

Dear Dr. Danielson: 

ECR International, Inc. ("ECR") respectfully submits this petition for waiver and application for 

interim waiver of the Department of Energy ("Department") test procedures defined in 1 0 CFR 

430, Subpart B, Appendix M, which incorporate by reference the following third party standards: 

AHRI 210/240-2008, AHRI 1230-2010, and ASHRAE 41.2, on the grounds that the prescribed 

test procedures yield results that are unrepresentative of actual energy consumption for ECR's 

Enviromaster International ("EMI") line of multi-zone unitary small air conditioners and heat 

pumps. 

Company Background 

ECR, with headquarters in Utica, New York, is a full-service provider of American engineered 

and manufactured boilers, water heaters, hydronic and forced air products at its facilities in Utica 

and Dunkirk, NY. ECR and its predecessor companies have been located in New York State 

since 1928 and employ a full-time workforce of". As a full-service provider of American 

engineered-and-manufactured hydronic and forced air products, ECR is recognized for its 

innovation, quality, performance and reliability, and is the only North American company to 

make and market all of these products under one corporate roof. Our products are sold under 
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multiple brands in addition to EMI, including Airco, Argo, Dunkirk, Olsen, Pennco, RetroAire, 

and Utica. 

The Affected Products 

The affected line of products-condensers serving the EMI brand of fixed speed multi-zone 

systems--subject to this petition and application are listed herein at Appendix A. The company's 

unitary product line is AHRI-certified under both Unitary Small Air Conditioning (USAC) and 

Unitary Small Heat Pumps (USHP) programs. The multi-zone products use the same models of 

compressors, indoor air handlers, reversing valves, accumulators, line sets, thermostats, tubing 

diameters, expansion valves, and indoor air handlers as the single-zone fixed-speed 13 SEER 

systems manufactured by ECR. While the multi-zone outdoor coil is physically different than 

the single-zone outdoor coil, it is comparable in performance per zone to its single-zone capacity 

counterpart. As such, the system/circuit performance was expected to be near identical to the 

single-zone performance. This belief was confirmed in ECR's own psychrometric laboratory, 

i.e. that the multi-zone circuit-to-circuit metrics were nearly identical to the single-zone metrics. 

This relationship between the two systems, however, is not borne out through AHRI certification 

tests, where tests have rated the product as low as _. 

Overview 

The test procedures currently being applied to the affected line of products are in fact 

inapplicable to those products, and therefore unrepresentative of the energy consumption 

characteristics of the products at issue, in the following ways: (1) they do not appropriately 

classifY the applicable systems manufactured by ECR; (2) there is no authoritative standard that 

can be accurately applied to ECR's products; (3) as a result of these factors, the current testing 

procedures do not produce consistent, accurate and repeatable data. ECR herein provides an 

alternative testing procedure for the affected products. 

1. The test procedures do not appropriately classifv the applicable svstems manufactured bv 

ECR. 

ECR's fixed speed multi-zone systems are comprised of multiple independent refrigeration 

circuits sharing a single outdoor fan and defrost logic. Each circuit has a single fixed speed 

compressor, a single air handler, a single control circuit, with individual expansion, without any 

mixing of refrigerant between the zones. Each fully independent circuit can have different 

loading, cycle on and off independent of the other zones, as well as operate in different modes 

(heat/cool) simultaneously. The design is merely a collection of single-zone systems built into a 

common chassis to reduce the condenser footprint. As stated above, the multi-zone and singlezone systems manufactured by ECR utilize many of the same components. 

The current certification testing does not measure the loading of each individual circuit of the 

system. Under current test procedures, a multi-zone system consisting of 4 equal capacity 

circuits with 4 identical air handlers is logically expected to evenly distribute the total capacity at 

25% per zone. While this logic is valid for VRF- based multi-zone systems running all 

refrigerant through a single compressor, it is not applicable when evaluating mUltiple 
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independent circuits. The test procedures do not verify the individual circuit performance, and 

instead only record the total. This results in an averaging of the individual circuits' performance, 

whereas a summation of the individual circuits would be more representative of the true system 

performance. Without each circuit having individual performance data collected, it is impossible 

to assess the true performance of the test series after the fact, due to the lack of collected data. If 

the current test logic is not applicable to the simple 4 equal capacity circuit system, its use with 

the more complex unequal capacity circuitry system is even less so. 

ECR proposes that a fixed speed multi-zone system have data collected and reduced for each 

individual circuit, then perform a summation of the individual circuits to arrive at the total 

system performance. This method would require the collection of the data required to 

independently verify the system's performance. The existing method of only recording the 

combined performance of the system doesn't record the values needed to determine that all zones 

are operating within acceptable limits. The absence of the required detail data prevents any 

analysis regarding what wasn't correct in either the set-up of the equipment or the operation of 

the equipment itself. 

2. As a result ofthe differences between standards authorities discussed below, there are no 

approved standard procedures that apply to the product line ofECR at issue. 

ASHRAE 41.2, "Standard Methods for Laboratory Airflow Measurement", does not address the 

measurement of multiple zero static airflow. Section 7.4 of same states that "each plenum shall 

have an adjustable restrictor (damper) located in the plane where the plenums enter the common 

duct section for the purpose of equalizing the static pressures in each plenum." This ASHRAE 

requirement conflicts with the requirements in 10 CFR Part 430 Subpart B Appendix M § 3.5.2 

which states, "Do not use air dampers when conducting cyclic tests on non-ducted units." 

Furthermore, the diagrams in ASHRAE 41.2, at figures 8A and 8B, do not consistently result in 

accurate static pressure values when applied to zero static equipment. The AHRI Ductless 

Equipment Section Engineering Committee recently voted to allow multiple zero static air 

handlers to discharge into a large cubic plenum without any gradual transitions, contradicting 

ASHRAE 41.2 figure 9, which shows a 150 converging transition and a 70 diverging transition. 

3. As a result of the lack of classification (or ECR's product and lack of standardization in 

testing (or that product, ECR is subject to arbitrary and inconsistent testing practices (or its 

product line. 

There are many "best practice" procedures available amongst the myriad oftest laboratories, and 

these procedures have been implemented without input from ECR. Typically, these procedures 

are not published for peer review, and are inconsistent in the accuracy of results. The existing 

published procedures do not yield consistent, accurate, and repeatable data between different 

psychrometric laboratories. 
47688 Federal Register / Vol. 78, No. 151 / Tuesday, August 6, 2013 / Notices 


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The primary error occurs when the laboratory tries to analogize the performance within a duct to 

the performance of a free discharge zero static blower and a second air handler is combined into 

a common enthalpy tunnel. When attempting to join multiple air handlers into a common duct, 

each air handler has an influence on the other air handler's performance. Ideally, each air 

handler should have blower motor voltage, current, and angular velocity measured prior to the 

connection of a duct or transition piece. Upon connection of the duct, those same values should 

be attained as verification that the air moving device is working in a similar manner with the duct 

as it did without the duct. At that point, the location of the 0.0 inWC pressure tap can be located, 

starting at the ASHRAE 41.2 recommended standard (2 * SQRT(A *8)). Different air handlers 

will have different locations for the zero static pressure point due to the differing air velocities at 

the discharge grill of the air handler. It is only by matching the motor's electrical current draw 

and revolutions per minute between the free air delivery and ducted delivery that equivalent 

performance can be verified. An iterative approach is required in order to achieve an accurate, 

balanced air flow measurement. 

4. The following alternate procedures are proposed: 

A. Air Flow Measurement 

1) With laboratory rooms at conditions for capacity tests, refrigeration circuits in operation, 

and free air operation (without ducts), measure and record the blower motor RPM, 

current, and power consumed by each indoor air handler running with a wet evaporator 

independently. 

2) Connect the duct between a single air handler and enthalpy tunnel. Restart the entire 

system and adjust the air flow until the now ducted blower motor has same RPM and 

current draw as seen in step 1. The static pressure tap can now be applied to that point on 

the duct that is actually operating at zero static via empirical methods. The point along 

the duct operating at zero static will vary proportionally with the discharge velocity of the 

air handler. 

3) Air flow should be measured only when the RPM and power of the blower while 

connected to a duct matches that of the motor when running without a duct. This ensures 

that the zero static air mover is acting equivalently to free discharge. The location of the 

pressure tap can be found for each air handler by locating the "0.0 inch water column" 

pressure along the duct, starting at the prescribed ASHRAE 41.2 distance of 

2*SQRT(A *B) and then moving closer or further away from the air handler until the 0.0 

inch of water column point is located. Each type and capacity air handler will be slightly 

different due to the differences in discharge air velocity. 

4) Tangential wheel blowers do not generate static pressure well. The more common 

centrifugal blower can generate static pressures within a duct to damp the variations in 

the discharged air flow, while the tangential wheel can only vary the speed ofthe 

discharged air in response to ambient parameters. Or stated another way, Bernoulli's 

equation has both the gravitational and pressure terms equal to zero in a zero static 

environment, leaving only the velocity term with a non-zero value and a very sensitive 

flow system. Any changes in static pressure must come from a change in air velocity, 

there is no other mechanism available. 
Federal Register / Vol. 78, No. 151 / Tuesday, August 6, 2013 / Notices 47689 


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B. Establishment of actual system performance 

1) Due to this condenser design being a collection of independent refrigeration circuits, the 

test methodology should evaluate individual systems and then sum the results of circuits 

to arrive at accurate performance metrics, instead of averaging the results without 

knowing the performance of each individual circuit. 

2) ECR's proposed procedure would run all zones during the test, but measure the 

performance of each individual zone, one at a time. This method minimizes the errors of 

multiple combined zero static air handlers by ensuring that each circuit is operating 

properly prior to the collection of data and calculation of DOE metrics. The data 

recording and reduction shall not occur until there is certainty that each independent zone 

is operating at its correct individual performance. 

It should be noted that this product line has received waivers from the Department of Energy 

in the past, specifically for Limited Range Multi-Zone Heat Pumps. However, these waivers 

were rescinded due to the published test procedures becoming applicable to all unitary 

products. These waivers designated the condensers as "limited range" heat pumps to allow 

for their inability to defrost discrete zones. Controls were modified so as to allow individual 

zones to call for a defrost cycle thereby negating the need for a waiver. 

Interim Waiver 

ECR also requests that the Department provide immediate reliefby grant of an interim 

waiver, for the following reasons: 

1. The petition for the waiver is likely to be granted. The Department has, as discussed 

above, granted waivers for the multi-zone product line, albeit with a result towards test 

procedures being granted for unitary products which cannot be easily analogized to the multizone product ofECR. ECR's process furthers the goal of the Energy Conservation Policy Act, 

42 U.S.C. §6291 et seq., to provide consumers with accurate information regarding the energy 

conservation attributes of the product. 

2. Substantial economic harm and competitive disadvantage will result absent a 

1ill~~~~TIlll!!· ill1!!;. lli . .. ECR sells" multi-zone systems per year and 

has realized on average in sales per year. However, it should be noted that multi-

~e~ 

zone systems are usually a minor percentage of a larger order, used to solve limited condenser 

The result~onomic impact is therefore closer to $. ____ ,or nearly _ of total sales, in overall lost sales when an 

individual sale is contingent on multi-zone availability. Furthermore, sales ofECR's remaining 

product lines will suffer without a multi-zone offering. As discussed above, ECR has a 

considerable history and economic impact in the communities in which it is located; Upstate 

New York, and Central and Western New York in particular, have suffered from decades of 

decline in the manufacturing sector. 
47690 Federal Register / Vol. 78, No. 151 / Tuesday, August 6, 2013 / Notices 


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The specific sales information in this section (2) should be exempt from mandatory 

public disclosure under the Freedom oflnformation Act, specifically 5 U.S.C.§552(b)(4). This 

information has not been made publicly available by ECR nor is it publicly available through 

alternative sources, and is typically proprietary to ECR and its competitors. Disclosure of this 

information would result in a substantial advantage to ECR's competitors and therefore 

substantial harm to ECR's competitive position. 

Conclusion 

ECR requests that the Department grant both the waiver and interim waiver from the existing 

testing procedures as defined in 10 CFR 430, Subpart B, Appendix M and the third-party 

standards incorporated by reference in that regulation, and that the alternative testing procedures 

discussed above be adopted and approved as a representative test procedure for ECR. 

ECR would be pleased to discuss this waiver request with the Department and shall provide 

additional information as needed to the Department. 

ECR International shall file a statement with the Department certifying the names and address of 

each person to whom the notice of Petition for Waiver and Application for Interim Waiver has 

been sent. 

Very truly yours, 

Ronald J. Passafaro 

President and Chief Executive Officer 

ECR International, Inc. 

Of counsel: 

Donald T. Ross 

Phillips Lytle LLP 

30 South Pearl Street, Suite PI 

Albany, New York 12207 

Phone: 518-472-1224 

Fax: 518-472-1227 

APPENDIX A 

The following condenser basic model numbers comprise the scope of this Petition for Waiver 

and Application for Interim Waiver, where each of the individual circuits of a multi-zone 

condenser can have one of three air handlers combined with it to obtain over 270 unique, 

complete systems. 

S2CG2200D, S2CG9200D, S2CG9900D, T2CG2400D, T2CG4400D, T2CG8800D, 

T2CG9800D, T3CG2220D, T3CG2240D, T3CG9920D, T3CG9980D, T3CG9990D, 

T4CG2222D, T4CG9922D, T4CG9992D, T4CG9999D, S2HH2200D, S2HH9200D, 

S2HH9900D, T2HG2400D, T2HG4400D, T2HG8800D, T2HG9800D, T3HG2220D, 

T3HG2240D, T3HG9920D, T3HG9980D, T3HG9990D, T4HG2222D, T4HG9922D, 

T4HG9992D, T4HG9999D 
Federal Register / Vol. 78, No. 151 / Tuesday, August 6, 2013 / Notices 47691 

1The appendices referenced in this notice will 

not appear in the Federal Register. Copies of 

appendices were sent to all those receiving this 

notice in the mail and are available at www.ferc.gov 

using the link called ‘‘eLibrary’’ or from the 

Commission’s Public Reference Room, 888 First 

Street NE., Washington, DC 20426, or call (202) 

502–8371. For instructions on connecting to 

eLibrary, refer to the ‘‘Additional Information’’ 

section at the end of this notice. 

2 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the 

environmental staff of the Commission’s Office of 

Energy Projects. 

3The Council on Environmental Quality 

regulations addressing cooperating agency 

responsibilities are at Title 40, Code of Federal 

Regulations, § 1501.6. 

[FR Doc. 2013–18950 Filed 8–5–13; 8:45 am] 

BILLING CODE 6450–01–C 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. CP13–504–000] 

UGI, Inc.; Notice of Intent to Prepare an 

Environmental Assessment for the 

Proposed Temple LNG Liquefaction 

Upgrade and Request for Comments 

on Environmental Issues 

The staff of the Federal Energy 

Regulatory Commission (FERC or 

Commission) will prepare an 

environmental assessment (EA) that will 

discuss the environmental impacts of 

the Temple LNG Liquefaction Upgrade 

involving construction and operation of 

facilities by UGI, Inc. (UGI) at its 

Temple liquefied natural gas (LNG) 

facility (Temple Facility) in Berks 

County, Pennsylvania. This EA will be 

used by the Commission in its decisionmaking process to determine whether 

the project is in the public interest. 

This notice announces the opening of 

the scoping process the Commission 

will use to gather input from the public 

and interested agencies on the project. 

Your input will help the Commission 

staff determine what issues need to be 

evaluated in the EA. Comments may be 

submitted in written form or verbally. 

Further details on how to submit 

written comments are provided in the 

Public Participation section of this 

notice. Please note that the scoping 

period will close on August 30, 2013. 

This notice is being sent to the 

Commission’s current environmental 

mailing list for this project. State and 

local government representatives are 

asked to notify their constituents of this 

proposed project and encourage them to 

comment on their areas of concern. 

Summary of the Proposed Project 

UGI plans to construct and operate 

facilities to increase the liquefaction 

capacity at its Temple Facility up to a 

new maximum of 10,000 dekatherms 

per day. According to UGI, the project 

would improve the efficiency of the 

Temple Facility and ensure the 

reliability of LNG supply for UGI’s 

customers. 

The new facilities would consist of a 

2000-horsepower nitrogen recycle 

compressor, a vacuum insulated cold 

box, a nitrogen compander, and 

associated auxiliary equipment. 

The general project location is shown 

in appendix 1.1

Land Requirements for Construction 

UGI plans to construct the facilities 

using approximately one-half-acre of an 

already disturbed area within its 

Temple Facility. No additional 

landowners would be crossed. 

The EA Process 

The National Environmental Policy 

Act (NEPA) requires the Commission to 

take into account the environmental 

impacts that could result from an action 

whenever it considers an authorization 

of a project. NEPA also requires us 2 to 

discover and address concerns the 

public may have about proposals. This 

process is referred to as ‘‘scoping.’’ The 

main goal of the scoping process is to 

focus the analysis in the EA on the 

important environmental issues. By this 

notice, the Commission requests public 

comments on the scope of the issues to 

address in the EA. We will consider all 

filed comments during the preparation 

of the EA. 

In the EA we will discuss impacts that 

could occur as a result of the 

construction and operation of the 

proposed project under the general 

headings of land use, air quality, noise, 

and public safety. We do not expect 

other resource areas to be impacted by 

the proposed upgrade, which would 

take place entirely within an existing 

industrial-use facility. 

We will also evaluate reasonable 

alternatives to the proposed project or 

portions of the project, and make 

recommendations on how to lessen or 

avoid impacts on the various resource 

areas. 

The EA will present our independent 

analysis of the issues. It will be 

available in the public record through 

eLibrary. Depending on the comments 

received during the scoping process, we 

may also publish and distribute the EA 

to the public for an allotted comment 

period. We will consider all comments 

on the EA before making our 

recommendations to the Commission. 

To ensure we have the opportunity to 

consider and address your comments, 

please carefully follow the instructions 

in the Public Participation section 

below. 

With this notice, we are asking 

agencies with jurisdiction by law and/ 

or special expertise with respect to the 

environmental issues of this project to 

formally cooperate with us in the 

preparation of the EA 3. Agencies that 

would like to request cooperating 

agency status should follow the 

instructions for filing comments 

provided under the Public Participation 

section of this notice. 

Public Participation 

You can make a difference by 

providing us with your specific 

comments or concerns about the project. 

Your comments should focus on the 

potential environmental effects, 

reasonable alternatives, and measures to 

avoid or lessen environmental impacts. 

The more specific your comments, the 

more useful they will be. To ensure that 

your comments are timely and properly 

recorded, please send your comments so 

that the Commission receives them in 

Washington, DC on or before August 30, 

2013. 

For your convenience, there are three 

methods you can use to submit your 

comments to the Commission. In all 

instances, please reference the project 

docket number (CP13–504–000) with 

your submission. The Commission 

encourages electronic filing of 

comments and has expert eFiling staff 

available to assist you at (202) 502–8258 

or efiling@ferc.gov. 

(1) You can file your comments 

electronically using the eComment 

feature on the Commission’s Web site at 

www.ferc.gov under the link to 

Documents and Filings. This is an easy 

method for interested persons to submit 

brief, text-only comments on a project; 

(2) You can file your comments 

electronically by using the eFiling 

feature on the Commission’s Web site at 

www.ferc.gov under the link to 

Documents and Filings. With eFiling, 

you can provide comments in a variety 

of formats by attaching them as a file 

with your submission. New eFiling 

users must first create an account by 

clicking on ‘‘eRegister.’’ You must select 

the type of filing you are making. If you 

are filing a comment on a particular 

project, please select ‘‘Comment on a 

Filing’’; or 

(3) You can file a paper copy of your 

comments by mailing them to at the 

following address: Kimberly D. Bose, 

Secretary, Federal Energy Regulatory 


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