Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 72449 

Title of Collection: Full-Service 

Community Schools Annual 

Performance Report. 

OMB Control Number: 1810–NEW. 

Type of Review: A new ICR. 

Respondents/Affected Public: State, 

Local, and Tribal Governments. 

Total Estimated Number of Annual 

Responses: 100. 

Total Estimated Number of Annual 

Burden Hours: 900. 

Abstract: The collection of this 

information is part of the governmentwide effort to improve the performance 

and accountability of all federal 

programs, under 34 CFR 75.210, the 

Uniform Guidance, and the Education 

Department General Administrative 

Regulations (EDGAR). The U.S. 

Department of Education (ED) 

developed performance measures at 

every program level to quantify and 

report program progress required by the 

Elementary and Secondary Education 

Act of 1965 (ESEA), as amended. Under 

the Uniform Guidance and EDGAR, 

recipients of federal awards are required 

to submit performance and financial 

expenditure information. The programlevel performance measure (established 

under Section 4625(4)(C) of the 

Elementary and Secondary Education 

Act of 1965, as amended), the 13 

additional program indicators 

(established through a Notice of Final 

Priorities, Requirements, Definitions, 

and Selection Criteria (NFP) published 

in the Federal Register on July 13, 2022 

87 FR 41675)), and budget information 

for the Full-Service Community Schools 

(FSCS) Program are reported in the 

Annual Performance Report (APR). The 

APR is required under 2 CFR 200.328 

and 34 CFR 75.118 and 75.590. It 

provides data on the status of funded 

projects that correspond to the scope 

and objectives established in the 

approved applications and any 

amendments. To ensure that accurate 

and reliable data are reported to 

Congress on program implementation 

and performance outcomes, the FSCS 

APR collects data from grantees in a 

consistent format to calculate these data 

in the aggregate. 

Dated: October 17, 2023. 

Kun Mullan, 

PRA Coordinator, Strategic Collections and 

Clearance, Governance and Strategy Division, 

Office of Chief Data Officer, Office of 

Planning, Evaluation and Policy 

Development. 

[FR Doc. 2023–23271 Filed 10–19–23; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

[Case Number 2023–005; EERE–2023–BT– 

WAV–0018] 

Energy Conservation Program: 

Notification of Petition for Waiver of 

Johnson Controls Inc. From the 

Department of Energy Central Air 

Conditioners and Heat Pumps Test 

Procedure and Notification of Grant of 

Interim Waiver 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notification of petition for 

waiver and grant of an interim waiver; 

request for comments. 

SUMMARY: This notification announces 

receipt of and publishes a petition for 

waiver and interim waiver from Johnson 

Controls Inc. (‘‘JCI’’), which seeks a 

waiver for specified basic models of 

central air conditioners (‘‘CACs’’) and 

central air conditioning heat pumps 

(‘‘HPs’’) (collectively, ‘‘CAC/HPs’’) from 

the U.S. Department of Energy (‘‘DOE’’) 

test procedure used for determining the 

efficiency of CAC/HPs. According to JCI, 

testing its CAC/HP basic models that 

use variable-speed, oil-injected scroll 

compressors with only a 20-hour breakin period produces results 

unrepresentative of their true energy 

consumption characteristics, and would 

provide materially inaccurate 

comparative data. JCI requested that in 

lieu of the 20-hour break-in limit, it be 

permitted to test the specified CAC/HP 

basic models with a 72-hour break-in 

period. DOE also gives notification of an 

Interim Waiver Order that requires JCI 

to test and rate the specified CAC/HP 

basic models in accordance with the 

alternate test procedure set forth in the 

Interim Waiver Order. DOE solicits 

comments, data, and information 

concerning JCI’s petition and its 

suggested alternate test procedure so as 

to inform DOE’s final decision on JCI’s 

waiver request. 

DATES: Written comments and 

information are requested and will be 

accepted on or before November 20, 

2023. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

www.regulations.gov under docket 

number EERE–2023–BT–WAV–0018. 

Follow the instructions for submitting 

comments. Alternatively, interested 

persons may submit comments, 

identified by docket number EERE– 

2023–BT–WAV–0018, by any of the 

following methods: 

(1) Email: JohnsonControls

CACHP2023WAV0018@ee.doe.gov. 

Include the case number [Case No. 

2023–005] in the subject line of the 

message. 

(2) Postal Mail: Appliance and 

Equipment Standards Program, U.S. 

Department of Energy, Building 

Technologies Office, Mailstop EE–5B, 

Petition for Waiver [Case No. 2023–005], 

1000 Independence Avenue SW, 

Washington, DC 20585–0121. If 

possible, please submit all items on a 

compact disc (‘‘CD’’), in which case it is 

not necessary to include printed copies. 

(3) Hand Delivery/Courier: Appliance 

and Equipment Standards Program, U.S. 

Department of Energy, Building 

Technologies Office, 950 L’Enfant Plaza 

SW, 6th Floor, Washington, DC 20024. 

Telephone: (202) 287–1445. If possible, 

please submit all items on a CD, in 

which case it is not necessary to include 

printed copies. 

No telefacsimiles (‘‘faxes’’) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on this process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: The docket for this activity, 

which includes Federal Register 

notices, public meeting attendee lists 

and transcripts (if a public meeting is 

held), comments, and other supporting 

documents/materials, is available for 

review at www.regulations.gov. All 

documents in the docket are listed in 

the www.regulations.gov index. 

However, not all documents listed in 

the index may be publicly available, 

such as information that is exempt from 

public disclosure. 

The docket web page can be found at 

www.regulations.gov/docket/EERE2023-BT-WAV-0018. The docket web 

page contains instructions on how to 

access all documents, including public 

comments, in the docket. See below for 

information on how to submit 

comments through 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Ms. Julia Hegarty, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, Mailstop EE–5B, 

1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (240) 597–6737 Email: AS_

Waiver_Request@ee.doe.gov. 

Mr. Peter Cochran, U.S. Department of 

Energy, Office of the General Counsel, 

Mail Stop GC–33, Forrestal Building, 

1000 Independence Avenue SW, 

Washington, DC 20585–0103. 

Telephone: (202) 586–9496. Email: 

Peter.Cochran@hq.doe.gov. 


ddrumheller on DSK120RN23PROD with NOTICES1
72450 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 

1The petition did not identify any of the 

information contained therein as confidential 

business information. 

2All references to EPCA in this document refer 

to the statute as amended through the Energy Act 

of 2020, Public Law 116–260 (Dec. 27, 2020), which 

reflect the last statutory amendments that impact 

Parts A and A–1 of EPCA. 

3For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated as Part A. 

SUPPLEMENTARY INFORMATION: DOE is 

publishing JCI’s petition for waiver in 

its entirety, pursuant to 10 CFR 

430.27(b)(1)(iv).1 DOE is also publishing 

the Interim Waiver Order granted to JCI, 

which serves as notification of DOE’s 

determination regarding JCI’s petition 

for an interim waiver, pursuant to 10 

CFR 430.27(e)(3). DOE invites all 

interested parties to submit in writing 

by November 20, 2023, comments and 

information on all aspects of the 

petition, including the alternate test 

procedure. Pursuant to 10 CFR 

430.27(d), any person submitting 

written comments to DOE must also 

send a copy of such comments to the 

petitioner. The contact information for 

the petitioner is Chris Forth, 

chris.m.forth@jci.com, Johnson Controls 

Inc., 3110 N Mead St. Wichita, KS 

67219. 

Submitting comments via 

www.regulations.gov. The 

www.regulations.gov web page will 

require you to provide your name and 

contact information. Your contact 

information will be viewable to DOE 

Building Technologies staff only. Your 

contact information will not be publicly 

viewable except for your first and last 

names, organization name (if any), and 

submitter representative name (if any). 

If your comment is not processed 

properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information 

will be publicly viewable if you include 

it in the comment or in any documents 

attached to your comment. Any 

information that you do not want to be 

publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. If 

this instruction is followed, persons 

viewing comments will see only first 

and last names, organization names, 

correspondence containing comments, 

and any documents submitted with the 

comments. 

Do not submit to www.regulations.gov 

information for which disclosure is 

restricted by statute, such as trade 

secrets and commercial or financial 

information (hereinafter referred to as 

Confidential Business Information 

(‘‘CBI’’)). Comments submitted through 

www.regulations.gov cannot be claimed 

as CBI. Comments received through the 

website will waive any CBI claims for 

the information submitted. For 

information on submitting CBI, see the 

Confidential Business Information 

section. 

DOE processes submissions made 

through www.regulations.gov before 

posting. Normally, comments will be 

posted within a few days of being 

submitted. However, if large volumes of 

comments are being processed 

simultaneously, your comment may not 

be viewable for up to several weeks. 

Please keep the comment tracking 

number that www.regulations.gov 

provides after you have successfully 

uploaded your comment. 

Submitting comments via email, hand 

delivery/courier, or postal mail. 

Comments and documents submitted 

via email, hand delivery/courier, or 

postal mail also will be posted to 

www.regulations.gov. If you do not want 

your personal contact information to be 

publicly viewable, do not include it in 

your comment or any accompanying 

documents. Instead, provide your 

contact information on a cover letter. 

Include your first and last names, email 

address, telephone number, and 

optional mailing address. The cover 

letter will not be publicly viewable as 

long as it does not include any 

comments. 

Include contact information each time 

you submit comments, data, documents, 

and other information to DOE. If you 

submit via postal mail or hand delivery/ 

courier, please provide all items on a 

CD, if feasible, in which case it is not 

necessary to submit printed copies. 

Faxes will not be accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, written in English and free of 

any defects or viruses. Documents 

should not contain special characters or 

any form of encryption and, if possible, 

they should carry the electronic 

signature of the author. 

Campaign form letters. Please submit 

campaign form letters by the originating 

organization in batches of between 50 to 

500 form letters per PDF or as one form 

letter with a list of supporters’ names 

compiled into one or more PDFs. This 

reduces comment processing and 

posting time. 

Confidential Business Information. 

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 via email two wellmarked copies: one copy of the 

document marked confidential 

including all the information believed to 

be confidential, and one copy of the 

document marked ‘‘non-confidential’’ 

with the information believed to be 

confidential deleted. Submit these 

documents via email. DOE will make its 

own determination about the 

confidential status of the information 

and treat it according to its 

determination. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

Case Number 2023–005 

Interim Waiver Order 

I. Authority and Background 

The Energy Policy and Conservation 

Act, as amended (‘‘EPCA’’),2 authorizes 

the U.S. Department of Energy (‘‘DOE’’) 

to regulate the energy efficiency of a 

number of consumer products and 

certain industrial equipment. (42 U.S.C. 

6291–6317) Title III, Part B of EPCA 3

established the Energy Conservation 

Program for Consumer Products Other 

Than Automobiles, which sets forth a 

variety of provisions designed to 

improve energy efficiency for certain 

types of consumer products. These 

products include CAC/HPs, the subject 

of this document. (42 U.S.C. 6292(a)(3)) 

The energy conservation program 

under EPCA consists essentially of four 

parts: (1) testing, (2) labeling, (3) Federal 

energy conservation standards, and (4) 

certification and enforcement 

procedures. Relevant provisions of 

EPCA include definitions (42 U.S.C. 

6291), test procedures (42 U.S.C. 6293), 

labeling provisions (42 U.S.C. 6294), 

energy conservation standards (42 

U.S.C. 6295), and the authority to 

require information and reports from 

manufacturers (42 U.S.C. 6296). 

The Federal testing requirements 

consist of test procedures that 

manufacturers of covered products must 

use as the basis for: (1) certifying to DOE 

that their products comply with the 

applicable energy conservation 

standards adopted pursuant to EPCA (42 

U.S.C. 6295(s)), and (2) making 

representations about the efficiency of 

that product (42 U.S.C. 6293(c)). 

Similarly, DOE must use these test 

procedures to determine whether the 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 72451 

4The specific basic models identified by JCI can 

be found in the docket at www.regulations.gov/ 

docket/EERE-2023-BT-WAV-0018 and is provided 

at the end of this document. 

5A notation in this form provides a reference for 

information that is in the docket for this test 

procedure waiver (Docket No. EERE–EERE–2023– 

BT–WAV–0018) (available at www.regulations.gov/ 

document/EERE-2023-BT-WAV-0018-0001). This 

notation indicates that the statement preceding the 

reference is document number 1 in the docket and 

appears at pages 1–10 of that document. 

6On January 1, 2023, use of appendix M1 became 

required for any representations—including 

compliance certifications—made with respect to the 

energy use, power, or efficiency of CAC/HPs. Prior 

to January 1, 2023, such representations were 

required to be based on the test procedure at 

appendix M to subpart B of 10 CFR part 430. 

7See 82 FR 43952 for DOE’s notification of 

petition and grant of interim waiver published on 

September 20, 2017. 

product complies with relevant 

standards promulgated under EPCA. (42 

U.S.C. 6295(s)) 

Under 42 U.S.C. 6293, EPCA sets forth 

the criteria and procedures DOE is 

required to follow when prescribing or 

amending test procedures for covered 

products. EPCA requires that any test 

procedures prescribed or amended 

under this section must be reasonably 

designed to produce test results which 

reflect the energy efficiency, energy use 

or estimated annual operating cost of a 

covered product during a representative 

average use cycle or period of use and 

requires that test procedures not be 

unduly burdensome to conduct. (42 

U.S.C. 6293(b)(3)) The test procedure for 

CAC/HPs is contained in the Code of 

Federal Regulations (‘‘CFR’’) at 10 CFR 

part 430, subpart B, appendix M1, 

Uniform Test Method for Measuring the 

Energy Consumption of Central Air 

Conditioners and Heat Pumps 

(‘‘appendix M1’’). 

Under 10 CFR 430.27, any interested 

person may submit a petition for waiver 

from DOE’s test procedure 

requirements. DOE will grant a waiver 

from the test procedure requirements if 

DOE determines either that the basic 

model for which the waiver was 

requested contains a design 

characteristic that prevents testing of the 

basic model according to the prescribed 

test procedures, or that the prescribed 

test procedures evaluate the basic model 

in a manner so unrepresentative of its 

true energy consumption characteristics 

as to provide materially inaccurate 

comparative data. 10 CFR 430.27(f)(2). A 

petitioner must include in its petition 

any alternate test procedures known to 

the petitioner to evaluate the 

performance of the product type in a 

manner representative of the energy 

consumption characteristics of the basic 

model. 10 CFR 430.27(b)(1)(iii). DOE 

may grant the waiver subject to 

conditions, including adherence to 

alternate test procedures. 10 CFR 

430.27(f)(2). 

As soon as practicable after the 

granting of any waiver, DOE will 

publish in the Federal Register a notice 

of proposed rulemaking to amend its 

regulations so as to eliminate any need 

for the continuation of such waiver. 10 

CFR 430.27(l) As soon thereafter as 

practicable, DOE will publish in the 

Federal Register a final rule to that 

effect. Id. 

The waiver process also provides that 

DOE may grant an interim waiver if it 

appears likely that the underlying 

petition for waiver will be granted and/ 

or if DOE determines that it would be 

desirable for public policy reasons to 

grant immediate relief pending a 

determination on the underlying 

petition for waiver. 10 CFR 430.27(e)(3). 

Within one year of issuance of an 

interim waiver, DOE will either: (i) 

publish in the Federal Register a 

determination on the petition for 

waiver; or (ii) publish in the Federal 

Register a new or amended test 

procedure that addresses the issues 

presented in the waiver. 10 CFR 

430.27(h)(1). 

If the interim waiver test procedure 

methodology is different than the 

decision and order test procedure 

methodology, certification reports to 

DOE required under 10 CFR 429.12 and 

any representations must be based on 

either of the two methodologies until 

180 days after the publication date of 

the decision and order. Thereafter, 

certification reports and any 

representations must be based on the 

decision and order test procedure 

methodology, unless otherwise 

specified by DOE. 10 CFR 430.27(i)(1). 

When DOE amends the test procedure to 

address the issues presented in a 

waiver, the waiver or interim waiver 

will automatically terminate on the date 

on which use of that test procedure is 

required to demonstrate compliance. 10 

CFR 429.27(h)(3). 

II. JCI’s Petition for Waiver and Interim 

Waiver 

On July 12, 2023, DOE received from 

JCI a petition for waiver and interim 

waiver from the test procedure for CAC/ 

HPs set forth at 10 CFR part 430, subpart 

B, appendix M1.4 (JCI, No. 1 at pp. 1– 

10) 5 Pursuant to 10 CFR 430.27(e)(1), 

DOE posted the petition on the DOE 

website at: www.energy.gov/eere/ 

buildings/current-test-procedurewaivers. The petition did not identify 

any of the information contained therein 

as confidential business information. 

According to JCI, testing its CAC/HP 

basic models that use variable-speed, 

oil-injected scroll compressors (‘‘VSS 

systems’’) with only a 20-hour break-in 

period produces results 

unrepresentative of their true energy 

consumption characteristics, and would 

provide materially inaccurate 

comparative data. (JCI, No. 1 at p. 1) JCI 

requested that in lieu of the 20-hour 

break-in limit, it be permitted to test its 

VSS systems with a 72-hour break-in 

period. Id. Consequently, JCI seeks to 

use an alternate test procedure to test 

and rate specific CAC/HP basic models, 

which increases the break-in time limit 

stipulated in section 3.1.7 of appendix 

M1. Id. 

On March 23, 2018, DOE granted JCI 

a waiver from DOE’s then effective 

CAC/HP test procedure 6 for these same 

basic models of VSS systems, permitting 

them to test with a 72-hour break-in 

period. 83 FR 12735. DOE notes that the 

alternative test procedure requested by 

JCI in this waiver petition for appendix 

M1 is identical to the alternative test 

procedure included in the waiver it 

previously obtained under appendix M. 

JCI also requested an interim waiver 

from the existing DOE test procedure, 

noting that DOE previously granted JCI 

an interim waiver under appendix M 

regarding the allowable break-in period 

for these same models in 2017.7 (JCI, 

No. 1 at pp. 7–8) Absent an interim 

waiver, JCI asserted that its VSS systems 

will continue to be at a competitive 

disadvantage on the market and 

consumers will continue to be exposed 

to materially inaccurate information 

about the energy consumption 

characteristics of its VSS systems. Id. As 

the circumstances surrounding JCI’s 

request for an interim waiver and the 

products and models subject to the 

waiver have not changed, JCI asserted 

that an identical interim waiver is 

warranted. Id. DOE will grant an interim 

waiver if it appears likely that the 

petition for waiver will be granted, and/ 

or if DOE 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(e)(3). 

III. Requested Alternate Test Procedure 

EPCA requires that manufacturers use 

DOE test procedures when making 

representations about the energy 

consumption and energy consumption 

costs of covered products. (42 U.S.C. 

6293(c)) Consistency is important when 

making representations about the energy 

efficiency of covered products, 

including when demonstrating 

compliance with applicable DOE energy 

conservation standards. Pursuant to 10 

CFR 430.27, and after consideration of 

public comments on the petition, DOE 


ddrumheller on DSK120RN23PROD with NOTICES1
72452 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 

8See 83 FR 12735. 

may establish in a subsequent Decision 

and Order an alternate test procedure 

for the basic models addressed by the 

Interim Waiver Order. 

JCI seeks to use an alternate test 

procedure to test and rate specific CAC/ 

HP basic models of VSS systems 

consistent with the waiver it previously 

obtained for these same basic models 

under appendix M.8 (JCI, No. 1 at pp. 6– 

7) In its petition, JCI proposed to test 

and rate its specified basic models 

according to the test procedure 

prescribed by DOE at 10 CFR part 430, 

subpart B, appendix M1, except that the 

20-hour break-in period maximum in 

section 3.1.7 of appendix M1 be 

replaced with a 72-hour maximum. Id. 

Under JCI’s proposed alternative test 

procedure, the following language 

would be used instead of section 3.1.7 

of appendix M1: 

3.1.7 Test Sequence 

Manufacturers may optionally operate 

the equipment under test for a ‘‘breakin’’ period, not to exceed 72 hours, prior 

to conducting the test method specified 

in this section. A manufacturer who 

elects to use this optional compressor 

break-in period in its certification 

testing should record this information 

(including the duration) in the test data 

underlying the certified ratings that are 

required to be maintained under 10 CFR 

429.71. When testing a ducted unit 

(except if a heating-only heat pump), 

conduct the A or A2 Test first to 

establish the cooling full-load air 

volume rate. For ducted heat pumps 

where the heating and cooling full-load 

air volume rates are different, make the 

first heating mode test one that requires 

the heating full-load air volume rate. For 

ducted heating-only heat pumps, 

conduct the H1 or H12 Test first to 

establish the heating full-load air 

volume rate. When conducting a 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, and the first test 

using the heating minimum air volume 

rate must precede the H2v Test. The test 

laboratory makes all other decisions on 

the test sequence. 

IV. Interim Waiver Order 

DOE has reviewed JCI’s application 

for an interim waiver, the alternate test 

procedure requested by JCI, and the test 

data provided by JCI. 

DOE tentatively agrees that the 

circumstances surrounding JCI’s request 

for an interim waiver and the products 

and models subject to the waiver have 

not changed since the granting of a 

similar waiver for testing to appendix 

M. Specifically, DOE has tentatively 

determined that the test data provided 

by JCI demonstrates that the specified 

VSS system models that are the subject 

of the waiver have compressors that 

may require more than the 20 hours of 

break-in time allowed by appendix M1. 

The oil injected into the oil-injected 

scroll compressors increases the 

coverage of the viscous oil layer 

between mating surfaces of the scroll. 

This is presumably its purpose, i.e., to 

provide additional sealing in the gaps of 

the mating surfaces to improve 

compressor volumetric efficiency 

(relationship between displacement rate 

and volume flow rate of refrigerant 

drawn into the compressor). By 

enhancing this oil layer, the direct 

contact between irregularities in the 

surfaces may also be reduced, which 

would slow the wearing process that 

smooths out these irregularities, which 

is the break-in process. For this reason, 

oil injected compressors are expected to 

require additional break-in time. 

DOE understands that absent a 

waiver, JCI’s products cannot be tested 

and rated for energy consumption on a 

basis representative of their true energy 

consumption characteristics. DOE has 

initially determined that the alternate 

test procedure appears to allow for the 

accurate measurement of the energy 

efficiency of the specified basic models, 

while alleviating the testing problems 

cited by JCI in implementing the DOE 

test procedure for these basic models. 

Consequently, DOE has determined that 

JCI’s petition for waiver likely will be 

granted. Furthermore, DOE has 

determined that it is desirable for public 

policy reasons to grant JCI immediate 

relief pending a determination of the 

petition for waiver. 

For the reasons stated, it is ordered 

that: 

(1) JCI must test and rate the following 

CAC/HP basic models that use certain 

variable-speed, oil-injected scroll 

compressors with the alternate test 

procedure set forth in paragraph (2). 

York Coleman Luxaire FraserJohnston Champion 

Air Conditioners ....................................................................................... YXV24B21 AC21B2421 AL21B2421 AL21B2421 AL21B2421 

YXV36B21 AC21B3621 AL21B3621 AL21B3621 AL21B3621 

YXV48B21 AC21B4821 AL21B4821 AL21B4821 AL21B4821 

YXV60B21 AC21B6021 AL21B6021 AL21B6021 AL21B6021 

Heat Pumps ............................................................................................. YZV24B21 HC20B2421 HL20B2421 HL20B2421 HL20B2421 

YZV36B21 HC20B3621 HL20B3621 HL20B3621 HL20B3621 

YZV48B21 HC20B4821 HL20B4821 HL20B4821 HL20B4821 

YZV60B21 HC20B6021 HL20B6021 HL20B6021 HL20B6021 

(2) The alternate test procedure for the 

JCI basic models identified in paragraph 

(1) of this Interim Waiver Order is the 

test procedure for CAC/HPs prescribed 

by DOE at 10 CFR 430, subpart B, 

appendix M1 except that the maximum 

duration of the break-in period is 

increased from 20 hours to 72 hours, as 

detailed below. All other requirements 

of appendix M1 and DOE’s regulations 

remain applicable. 

In 3.1.7, Test Sequence, test using 

these instructions: 

Manufacturers may optionally operate 

the equipment under test for a ‘‘breakin’’ period, not to exceed 72 hours, prior 

to conducting the test method specified 

in this section. A manufacturer who 

elects to use this optional compressor 

break-in period in its certification 

testing should record this information 

(including the duration) in the test data 

underlying the certified ratings that are 

required to be maintained under 10 CFR 

429.71. When testing a ducted unit 

(except if a heating-only heat pump), 

conduct the A or A2 Test first to 

establish the cooling full-load air 

volume rate. For ducted heat pumps 

where the heating and cooling full-load 

air volume rates are different, make the 

first heating mode test one that requires 

the heating full-load air volume rate. For 

ducted heating-only heat pumps, 

conduct the H1 or H12 Test first to 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 72453 

establish the heating full-load air 

volume rate. When conducting a 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, and the first test 

using the heating minimum air volume 

rate must precede the H2v Test. The test 

laboratory makes all other decisions on 

the test sequence. 

(3) Representations. JCI may not make 

representations about the efficiency of a 

basic model listed in paragraph (1) of 

this Interim Waiver Order for 

compliance, marketing, or other 

purposes unless that basic model has 

been tested in accordance with the 

provisions set forth in this alternate test 

procedure and such representations 

fairly disclose the results of such 

testing. 

(4) This Interim Waiver Order shall 

remain in effect according to the 

provisions of 10 CFR 430.27. 

(5) This Interim Waiver Order is 

issued on the condition that the 

statements, representations, test data, 

and documentary materials provided by 

JCI are valid. If JCI makes any 

modifications to the controls or 

configurations of a basic model subject 

to this Interim Waiver Order, such 

modifications will render the waiver 

invalid with respect to that basic model, 

and JCI will either be required to use the 

current Federal test method or submit a 

new application for a test procedure 

waiver. DOE may rescind or modify this 

waiver at any time if it determines the 

factual basis underlying the petition for 

the Interim Waiver Order is incorrect, or 

the results from the alternate test 

procedure are unrepresentative of the 

basic model’s true energy consumption 

characteristics. 10 CFR 430.27(k)(1). 

Likewise, JCI may request that DOE 

rescind or modify the Interim Waiver 

Order if JCI discovers an error in the 

information provided to DOE as part of 

its petition, determines that the interim 

waiver is no longer needed, or for other 

appropriate reasons. 10 CFR 

430.27(k)(2). 

(6) Issuance of this Interim Waiver 

Order does not release JCI from the 

applicable requirements set forth at 10 

CFR part 429. 

DOE makes decisions on waivers and 

interim waivers for only those basic 

models specifically set out in the 

petition, not future models that may be 

manufactured by the petitioner. JCI may 

submit a new or amended petition for 

waiver and request for grant of interim 

waiver, as appropriate, for additional 

basic models of CAC/HPs. Alternatively, 

if appropriate, JCI may request that DOE 

extend the scope of a waiver or an 

interim waiver to include additional 

basic models employing the same 

technology as the basic model(s) set 

forth in the original petition consistent 

with 10 CFR 430.27(g). 

Signing Authority 

This document of the Department of 

Energy was signed on October 16, 2023 

by Jeffrey Marootian, Principal Deputy 

Assistant Secretary for Energy Efficiency 

and Renewable Energy, pursuant to 

delegated authority from the Secretary 

of Energy. That document with the 

original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on October 17, 

2023. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

BILLING CODE 6450–01–P 


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72454 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 


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Johnson 

Controls 

Johnson Controls, Inc. 

311 O N. Mead St. Wichita, KS 67219 

Tel 316-239-2925 Fax 316-832-6598 

July 7, 2023 

VIA E-MAIL: AS_ Waiver_Requests@ee.doe.gov 

Mr. Lucas Adin 

( cc. Ashley Armstrong) 

U.S. Department of Energy 

Office of Energy Efficiency and Renewable Energy 

Building Technologies Office, EE-5B 

1000 Independence A venue SW 

Washington, DC 20585-0121 

RE: Petition for Waiver and Interim Waiver of20 Hour Break-In Period Limit for 

Ce1·tain JCI Central Air Conditioners and Heat Pumps with Variable Speed Compressors 

Dear Mr. Adin: 

Pursuant to 10 C.F.R. § 430.27, Johnson Controls, Inc. (JCI) respectfully submits this petition 

for waiver, and request for interim waiver, of the requirement in Section 3. 1. 7 of the test procedure 

for central air conditioners (CAC) and heat pumps (HP) found at Appendix Ml to Subpart B of 10 

C.F.R. Part 430 that limits an optional compressor "break-in" period to a maximum of 20 hours 

before testing under Appendix Ml (the "20 Hour Break-In Limit"). Specifically, JCT seeks waiver of 

the 20 Hour Break-In Limit for its CACs and HPs with variable speed systems that use oil-injected 

scroll compressors (VSS systems), because testing these systems with only a 20-hour break-in period 

produces results unrepresentative of their true energy consumption characteristics, and would provide 

materially inaccurate comparative data. 1 JCI requests that in lieu of the 20 Hour Break-In Limit, it be 

permitted to test its VSS systems with a 72-hour break-in period. 

In 2018, JCI obtained a waiver from the U.S. Department of Energy (DOE) from the break-in 

period limit of the then operative test procedure, which was found in Appendix M to Subpart B of 10 

C.F.R. Part 430 for its CACs and HPs that use VSS systems.2 Under the granted waiver, JCI was 

permitted to test its VSS systems with a 72-hour break-in period. As DOE is aware, while Appendix Ml 

replaced Appendix M effective January 1, 2023, Section 3.1.7 of the new test procedure remains 

unchanged. JCI also continues to manufacture and market the same types of CACs and HPs with 

VSS systems for which JCI previously obtained the waiver. For these reasons, JCI now seeks an 

identical waiver under Appendix Ml as the one it obtained under Appendix M. JCI also seeks an 

identical interim waiver under Appendix Ml as the one it obtained under Appendix M. 

I. Johnson Controls, Inc. 

Johnson Controls, Inc. is a diversified equipment and technology company with its 

operational headquarters in Milwaukee, Wisconsin and approximately 105,000 employees located 

around the globe. Our employees provide intelligent buildings, energy efficient solutions and 

1 Section 3.1.7 of Appendix Ml to Subpart B of 10 C.F.R. Part 430. 

2 83 FR 12735. 
Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 72455 


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integrated infrastructure to optimize energy efficiency and to create the smart buildings and 

communities of the future. Through its Residential & Light Commercial and Ducted Systems 

division, JCI manufactures and sells CAC and HP systems for residential use, including high 

efficiency variable speed systems. These products are manufactured in the United States, in Wichita, 

Kansas. 

II. Background 

A "break-in" period contemplates the running of equipment for a period of time before 

beginning ofan efficiency test. 3 DOE has found that a "break-in period is particularly important for 

scroll compressors, which may be less efficient when first started and may require time to warm up 

to achieve optimal performance. Once the compressor is broken in, the performance should be more 

representative of the actual field performance."4Break-in allows "mating" parts to wear against each 

other, which results in reduced friction and leakage. Until this initial wear has occurred, the moving 

parts in the compressor generate greater friction when they contact each other, which decreases 

efficiency, and the seals between chambers that compress or expand the refrigerant may have greater 

leakage between the chambers, which reduces efficiency. Oil injection technology improves system 

efficiency, but the oil in the scroll elements prolongs the time required for this initial wear, which is 

needed to achieve nominal efficiency. 

Section 3.1.7 of Appendix Ml to 10 C.F.R. Part 430, Subpart B provides that the "break-in" 

period for operated equipment may not exceed 20 hours. 

III. Basic Models for Which Waiver Is Requested 

JCI requests a waiver from the 20 Hour Break-In Limit for its split-system CAC and HP 

basic models that use variable speed scroll compressors with an oil-injection system. Specifically, 

JCI requests waiver for the same models for which it previously requested a waiver, which are listed 

in Exhibit A. 

The variable speed scroll compressors used in these systems are optimized for highefficiency residential air conditioner and heat pump systems in the 2-ton to 5-ton range. 

IV. Grounds for Test Procedure Waiver 

JCT requests a waiver on the same grounds that it previously requested a waiver because the 

circumstances under which DOE granted the previous waiver have not changed. Specifically, JCI 

requests a waiver for the same products and models that were the subject of the previous waiver, the 

language in Section 3.1. 7 of Appendix Ml to 10 CFR Part 430, Subpart B has not changed from 

Appendix M to Appendix Ml, and JCI has the same reasons and need for this waiver as it did in the 

previous waiver. While other aspects of the test method have changed, none of those changes alter 

the amount of time required to break-in the compressor and deliver the performance customers would 

expect to see in the long term. For these reasons, JCI is relying on the same grounds (and the same 

testing data) as it did for its previously granted waiver, which are reproduced below: 

*** 

DOE's regulations provide for granting of a test procedure waiver where testing of a basic 

model under the prescribed test procedures would "evaluate the basic model in a manner so 

3 Energy Conservation Standards and Test Procedures for Commercial Heating, Air-Conditioning, and WaterHeating Equipment, Proposed Rule, 77 FR 2355, 2374 (Jan. 17, 2012). 4 id. 
72456 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 


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unrepresentative of its true energy ... consumption characteristics as to provide materially inaccurate 

comparative data."5 JCI seeks a waiver from the 20 Hour Break-In Limit for its VSS systems because 

limiting the optional break-in period to 20 hours results in testing that provides materially inaccurate 

data unrepresentative of the true energy efficiency characteristics of these systems. 

JCI's VSS systems require significantly more than 20 hours of break-in to reach design 

efficiency, which is the level of efficiency that is representative of system performance over the 

lifetime of the VSS system, and would be more appropriately tested with a break-in period of 72 

hours. DOE established the 20 hour Break-in Limit to reduce test variability,6 but because variable 

speed compressors with oil injection do not completely wear in within 20 hours, performance 

variability for VSS systems actually increases when break-in is limited to 20 hours. As explained 

below, JCI conducted testing demonstrating that a 20-hour break-in period does not allow for 

sufficient break-in for its VSS systems to reach representative efficiency, but that a 72-hour break-in 

period does. 

JCI conducted baseline VSS system performance tests under Appendix M after 20 hours of 

break-in - the maximum permitted under Appendix Ml. 7 JCI then ran the same performance tests on 

the same units after longer break-in periods, of 44, 68, and 92 hours. JCI's testing shows that for the 

tested products, measured efficiency increased significantly with break-in periods longer than 20 

hours. As is shown in the following sections, the Ev, Bl, and Fl tests show substantial gains in 

efficiency with longer break-in periods. 

Table 1 below shows testing data for a 3-ton air conditioning unit with a variable speed scroll 

compressor with oil injection tested after 20 hours of break-in. The unit was started at A2 conditions 

and instrumentation was verified before starting the A2 test with 20 hours of accumulated 

compressor run time. Completion of the A2 test was followed by the B2, Bl, Ev, and Fl tests. 

JCT then operated the test system for an additional 24 hours, for a total compressor run time 

of 44 hours, to determine if an increased break-in period improved performance. The results in Table 

1 show the calculated SEER2 improved by 0.4 with this additional 24 hour period of break in. The 

most substantial gain was found in the EV and Fl tests. 

Table.1: 3-ton AC Sys.tent Toting. ffilh 20 Hour Brealr,-ln and 44 Hour Break-in 

Calorimeter 20. Hr 11rea1c~1n Comoressor lrn:reased Break-tn Run "'24 Hours 

ID IO ID ID 

Test caoadty Watts EER2 CFM Static Watts Test caoae1tv Watts EER2 .CFM static Watts 

A2 35103 2178 12,6 1200 0.58 380 A2 35103 2735 14.0 1200 0.58 380 

82 37434 2425 .. 15.4 1200 0.58 380 82 37136 2402 17.1 1200 0.58 380 

Ev 19223 1078 17.8 670 0.16 7S Ev 19162 ..1040 18.6 670 0.16 75 

81 10366 521 19.9 440 0;26 32 81 10325 533 18.8 .. 440 0.26 32 

Fl 11179 329 34;0 440 0,24 32 F1 11215 308 34.3 440 0,24 32 

SEER2 19,2 SE£R2 19,6 

JCI then operated the test system for two more 24-hour break-in periods and collected system 

performance data after each break-in period. A second system was also installed into a psychrometric 

test cell and tested after the same intervals of compressor run time. As shown in Table 2, the 

performance data from both samples shows improvement after the first two additional 24-hour breakin periods, tapering off in the third 24-hour break-in period. With an additional 48 hours of break-in, 

there is an average of 8.5% improvement in SEER2 across both tests. Sample 1 improved from a 

5 10 C.F.R. § 430.27(a)(l). 

6 Final Rule at 1445 ("[T]he establishment of the 20-hour limit is to maintain test repeatability among labs 

regardless of who conducts the test.") 

7 These test results are representative of the break-in characteristics of all models for which JCI seeks waiver herein. 
Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 72457 


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SEER2 of 19.16 to 20.10 and sample 2 improved from a SEER2 of 18.44 to 20.81. This average gain 

of more than 1. 0 SEER2 is significant in the current marketplace. 

Table 2: 3-ton AC~)1stem Pe,formance nilth Increasing Break-in Periods 

Samnle 1 Samule 2 

Test 20H1· 44H1· 68Hr 92Hr Test 2011r 44Hr 68111· 92H1· 

A2 12.64 12.83 12.80 12.91 A2 12.70 12.80 12.68 12.74 

B2 15.44 15.46 15.54 15.65 B2 15.51 15.56 15.38 15.55 

Ev 17.83 18.43 18.45 19.97 Ev 19.81 18.77 19.39 19.51 

Bl 19.89 19.37 21.70 21.84 Bl 22.96 22.40 22.40 22.34 

Fl 34.00 36.47 36.95 .38.00 Fl 39.63 38.51 38.38 38.38 

SEER2 19.16 19.56 20.10 21.24 SEER2 18.44 20.54 20.81 20.88 

Additional unit sizes were tested using the same procedure as described above. As shown in 

Tables 3 and 4 below, results from those additional tests show the same pattern - increased 

efficiency with longer break-in periods beyond 20 hours. 

Table 3: 4-ton AC System Performance ,vtth Increasing Break .. in Periods 

Sample 1 Samplel 

Test 2011r 44111" 68111· 92Hl· Test 2011r 44111· 68Hr 9211r 

A2 12.68 12.97 13.03 13.U A2 12.89 13.15 12.92 12.88 

B2 15.44 15.70 15.88 15.90 B2 15.92 15.95 15.83 15.68 

Ev 18.39 18.90 18.99 19.09 Ev 19.16 19.21 19.03 19.56 

Bl 20.11 21.17 21.41 21.49 Bl 21.40 20.43 20.27 21.9:5 

Fl 36.81 38.25 38.67 37.52 Fl 35.44 37.51 36.10 38.86 

SEER2 19.71 20.36 20 .. 51 20.49 SEER 20.3S 20.37 20 .. 08 20.93 

Table 4: 5-ton AC System .Performance uilth Increasing Break-in Periods 

Samulel Sa1nole 2 

Test 2011r 44111' 68111· 92Hl· Test 2011r 44111· 6811r 9211r 

A2 12.70 12.7S 12.76 12.84 A2 12 .. 83 12.97 13.08 13.07 

B2 1S.49 15.52 15.60 1S.71 B2 15.53 15.64 15.72 15.90 

Ev 19.00 19.31 19.45 19.54 Ev 19.01 19.37 19.46 19.98 

Bl 22.32 23.32 24.03 24.26 Bl 22.29 23.11 23.07 23.94 

Fl 36.36 38.35 38.76 38.82 Fl 35.51 37.24 37.89 39.00 

SEER2 20.50 21.07 21.35 21.48 SEER2 20.48 21.0.l 21.11 21.69 

In evaluating this test data, JCI determined that the increase in system efficiency and reduced 

test variability that occurs with the lengthier break-in periods was principally due to a reduction in 

required compressor power during the test. Figures 5 and 6 show the decrease in compressor watts 

compared to the 20-hour baseline compressor for 3-ton and 5-ton AC systems. For both systems, 

results show a consistent reduction in watts consumed as the break-in time of the compressor is 

increased. This is most significant at the Ev, B 1 and F 1 test conditions. 
72458 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 


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11:J 

·ii.I 

.;u:;, 

II, :1.0 

8 

#I 

.li\(\ 

<Wll 

Figure 5; Dec1~ase in Compressor Watts (3 Ton AC) with 

3. Additlo11l'l 24-:h<>ur B1·ealt".l11 Pel'iods, R,hltiveto 2.0-hour 13a:,ak7ln _Ba.~eUn_e 

-~~ii!k••tt:,l 

IO!ll'M3⁄4 l~l 

1111<-,i'<>lr .I 

2. • Compressor W11Us 

Figure 6: Dec1·ease fo Comp1-esso1• ,vatt.s (5 Ton AC) nith 

111111,at ill 

IU'<·l<1'1l, 

3 Additional 24-hom· Break-In Periods, Relatln to 20-houi• Break-In Baseline 

llll\i'tlkmJ ,I 

NN.&re11ll;mt ! ~&r,r.1,\\:hl l#f 

*** 

·•lS.I 

.;.() 

$,(I 

"'" 

~J) 

,!,,fl, 

,'If! 

~iui 

'"' •,l!;i.) 

" 

'' 

l~l•Ntlll l 

, h,o~:11, J 

These test results show that a VSS system is not fully broken in at 20 hours, and that rating 

such a system with only a 20-hour break-in period can understate a system's SEER2 rating 

performance by 1 to 2 SEER2 (or approximately 5% to 10%). Because the 20 Hour Break-In Limit 

does not allow sufficient time for full breal<-in of VSS systems, the efficiency rating of a VSS system 

measured under Appendix Ml falls below the actual efficiency level at which the system will operate 

for the great majority of its time in service. JCI is thus unable to represent, on the basis of Appendix 

Ml testing, the full efficiency at which its VSS systems will operate. To achieve a particular 

efficiency rating under the Appendix Ml test method, JCI is forced to overdesign its VSS systems to 

meet an even higher target efficiency rating after full break-in. ln short, the 20 Hour Break-In Limit 

in Appendix Ml results in the underrating of JCI's VCC systems, and thus produces materially 

inaccurate data about the efficiency of VSS systems for comparison purposes, leaving homeowners 

without the information needed to objectively evaluate the benefits of such systems. 

This underrating under Appendix Ml for JCI's VSS systems has significant consequences in 

the marketplace. Because of underrating due to the 20 Hour Break-In Limit, the full efficiency 

advantage of JCI's VSS systems will not be apparent versus lower-efficiency full stage compressor 

products, for which the 20 Hour Break-In Limit does not bias results. Conswners for whom central 

air conditioner measured efficiency is an important factor will be misled about the merits ofVSS 

systems on the basis of measured efficiency under Appendix Ml. Although the JCI models at issue 

are very efficient, and perform well above the applicable minimum efficiency standards, accurate 

ratings for high efficiency products such as these are important for purposes of, for instance, 

determining eligibility for Energy Star, utility rebates, tax credits, and green building recognition. 

V. Alternative Test Procedures 
Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 72459 


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DOE's Appendix Ml test procedure, as currently promulgated but with the option of an 

extended, 72-hour break-in period, constitutes the appropriate alternate test procedure that will 

evaluate the performance of JCI's VSS systems in a manner representative of its energy 

characteristics. Therefore, JCI proposes to test the basic models for which it seeks waiver by 

applying the entirety of Appendix Ml to 10 CFR Part 430, Subpart B, with a single modification to 

Section 3 .1. 7, as shown below: 

3 .1. 7 Test Sequence 

Manufacturers may optionally operate the equipment under test for a "break-in" period, not 

to exceed 20 72 hours, prior to conducting the test method specified in this section. A 

manufacturer who elects to use this optional compressor break-in period in its certification 

testing should record this information (including the duration) in the test data underlying the 

certified ratings that are required to be maintained under 10 CFR 429.71. When testing a 

ducted unit (except if a heating-only heat pump), conduct the A or A2 Test first to establish 

the cooling full-load air volume rate. For ducted heat pumps where the heating and cooling 

full-load air volume rates are different, make the first heating mode test one that requires the 

heating full-load air volume rate. For ducted heating-only heat pumps, conduct the HI or HI 2 

Test first to establish the heating full-load air volume rate. When conducting a 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, and the first test using the heating minimum air volume rate 

must precede the H2V Test. The test laboratory makes all other decisions on the test 

sequence. 

Thus, the only substantive change would be to modify the maximum length of the optional break-in 

period for JCI's VSS systems. As required by Appendix Ml, JCI would report the break-in period 

used in its product compliance certifications. The language proposed above is identical to the 

language proposed by JCI and accepted by DOE in 2018. 

VI. Similar Products 

The competitive market has not changed since JCI received the prior waiver. As a result, JCI 

is aware of the same, previously identified, manufacturers of residential central air conditioners and 

heat pumps that offer VSS systems using scroll compressors with oil injection: Carrier Corporation, 

Daikin Industries, Goodman Manufacturing Co. LP, Lennox International Inc., Nortek Global 

HVAC, Rheem Sales Company, and Trane. 

VII. Petition for Interim Waiver 

DOE granted JCI's previous interim waiver regarding the break-in period for the same 

products that are the subject of this interim waiver request. The circumstances surrounding JCI's 

request for an interim waiver and the products and models subject to the waiver have not changed. 

JCI subsequently seeks, pursuant to 10 CFR § 430.27, an identical interim waiver of the 20 Hour 

Break-In Limit for the JCI VSS systems. 

DOE will grant an interim waiver if it appears likely that the petition for waiver will be 

granted and/or if DOE determines that it would be desirable for public policy reasons to grant 

immediate relief pending a determination on the petition for waiver. 8 Interim relief is important to 

ensure that JCI can make materially accurate representations about the energy efficiency of its VSS 

8 10 C.F.R. § 430.27(e)(3). 
72460 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 


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systems in its certifications to DOE and marketing materials while DOE is considering the merits of 

JCI's petition for waiver. 

Basic Models for Which a Waiver is Requested. JCI seeks an interim waiver for the models 

listed in Exhibit A. 

Manufacturers of All Other Basic Models. JCI identified known similar products in Section 

VI, above. 

Alternate Test Procedures. JCI identified alternate test procedures in Section V, above. JCI 

incorporates reference to those same test procedures for purposes of its interim waiver request. 

Likely Success of the Petition for Waiver. For the reasons outlined above, JCI believes that 

there are strong arguments for granting the petition for waiver on the merits. Specifically, JCI testing 

of its VSS systems shows that a 72-hour break-in period produces test results that are more 

representative of the actual product efficiencies at which the VSS systems will operate over the 

lifetime of the product than those results obtained under the current 20 hour break-in period limit. 

Competitive Disadvantage. If JCI must continue to comply with the 20 Hour Break-In Limit 

for its VSS systems, these systems will be disadvantaged in the market relative to other types central 

air conditioners and heat pumps for which a break-in period of 20 hours or less products results 

representative of actual operating efficiency. As shown above, the impact of the 20 Hour Break-In 

Limit on ratings is significant - it can reduce ratings by 1 to 2 SEER2. The effects of such depressed 

ratings in the market can be significant. 

Public Policy Reasons to Grant Interim Waiver. Without an interim waiver, consumers will 

continue to be exposed to materially inaccurate information about the energy consumption 

characteristics of JCI"s VSS systems. This inaccurate information harms consumers ( especially those 

seeking to evaluate very high efficiency CAC/HP products) and distorts markets. Further, 

underrating high efficiency products is inconsistent with the policy objectives ofEPCA. 

For all of these reasons, DOE should grant an interim waiver while it considers the petition 

for waiver set out above. 

VIII. Conclusion 

For the reasons stated above, JCI respectfully requests that DOE grant this petition for waiver 

of the 20 Hour Break-In Limit with respect to its VSS systems. JCI further requests DOE to grant its 

request for an interim waiver while its petition for waiver is under consideration. 

If you have any questions or would like to discuss this request, please contact me at (316) 

832-6393. We greatly appreciate your attention to this matter. 

Sincerely, 
Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 72461 

[FR Doc. 2023–23205 Filed 10–19–23; 8:45 am] 

BILLING CODE 6450–01–C 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings 

Take notice that the Commission has 

received the following Natural Gas and 

Oil Pipeline Rate and Refund Report 

filings: 

Filings Instituting Proceedings 

Docket Numbers: PR24–3–000. 

Applicants: Northern Illinois Gas 

Company. 

Description: § 284.123(g) Rate Filing: 

Petition for Rate Approval to be 

effective 11/1/2023. 

Filed Date: 10/13/23. 

Accession Number: 20231013–5100. 

Comment Date: 5 p.m. ET 11/3/23. 

Protest Date: 5 p.m. ET 12/12/23. 

Docket Numbers: RP24–41–000. 

Applicants: El Paso Natural Gas 

Company, L.L.C. 

Description: § 4(d) Rate Filing: 

Negotiated Rate Agreement Update 

(Pioneer Oct 13 2023) to be effective 10/ 

13/2023. 

Filed Date: 10/12/23. 

Accession Number: 20231012–5095. 

Comment Date: 5 p.m. ET 10/24/23. 

Any person desiring to intervene, to 

protest, or to answer a complaint in any 

of the above proceedings must file in 

accordance with Rules 211, 214, or 206 

of the Commission’s Regulations (18 

CFR 385.211, 385.214, or 385.206) on or 

before 5:00 p.m. Eastern time on the 

specified comment date. Protests may be 

considered, but intervention is 

necessary to become a party to the 

proceeding. 

The filings are accessible in the 

Commission’s eLibrary system (https://

elibrary.ferc.gov/idmws/search/ 

fercgensearch.asp) by querying the 

docket number. 

eFiling is encouraged. More detailed 

information relating to filing 

requirements, interventions, protests, 

service, and qualifying facilities filings 

can be found at: http://www.ferc.gov/ 

docs-filing/efiling/filing-req.pdf. For 

other information, call (866) 208–3676 

(toll free). For TTY, call (202) 502–8659. 

The Commission’s Office of Public 

Participation (OPP) supports meaningful 

public engagement and participation in 

Commission proceedings. OPP can help 

members of the public, including 

landowners, environmental justice 

communities, Tribal members and 

others, access publicly available 

information and navigate Commission 

processes. For public inquiries and 

assistance with making filings such as 

interventions, comments, or requests for 

rehearing, the public is encouraged to 

contact OPP at (202) 502–6595 or OPP@

ferc.gov. 

Dated: October 13, 2023. 

Debbie-Anne A. Reese, 

Deputy Secretary. 

[FR Doc. 2023–23126 Filed 10–19–23; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2023–012; FRL 10787–03– 

OAR] 

California State Nonroad Engine 

Pollution Control Standards; OceanGoing Vessels At-Berth; Notice of 

Decision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of decision. 

SUMMARY: The Environmental Protection 

Agency (‘‘EPA’’) is granting the 

California Air Resources Board’s 

(‘‘CARB’’) request for authorization of 


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Steve Tice 

VP, Residential EnginEER2ing 

Ducted Systems 

~ 

Johnson Controls, Inc. 

EXHIBIT A 

Chris M Forth 

VP Regulatory, Codes & Enviro Affairs 

Ducted Systctns 

Johnson Controls, I11c. 

~ 

~t....: ....... .t ..... l./,;'\~~: ~~...-. 

JCI Basic Models for Which Test Procedure Waiver Is Requ~sted 

YOflr (Olt!Mlft wake FrateJ~Johnston ft 

YXV24821 Ac:2182421 AU18:Mll AL2182421 AL2182A21 

AC YX\136821 AC2183621 AL21&3621 Al.2:163621 AU18362.1 

YXV48821 ACll.84821 AU184821 AL2184821 Al2184821 

YXV&n821 AC2186021 At.2116021 Al.218Wl At.21M021 

VZVM821 HC2082421 Ht.2082421 Ht.2082421. Hl.D2421 

HP VZV36821 HCl083d2.1 Ht.2083421 Hl.20IU621 Hl.2083621 

Y.l\148821 H<:2084821 Hl2084821 HU084821 Hll084821 

ma21 HC2080021 Ht.l086021 Ht.208'021 Hl.2086021