[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Notices]
[Pages 72449-72461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23205]


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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.

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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 
break-in 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: <a href="/cdn-cgi/l/email-protection#e9a38681879a8687aa86879d9b86859aaaa8aaa1b9dbd9dbdabea8bfd9d9d8d1a98c8cc78d868cc78e869f"><span class="__cf_email__" data-cfemail="23694c4b4d504c4d604c4d57514c4f506062606b73111311107462751313121b6346460d474c460d444c55">[email protected]</span></a>. 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/EERE-2023-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: <a href="/cdn-cgi/l/email-protection#7a3b29252d1b130c1f0825281f0b0f1f090e3a1f1f541e151f541d150c"><span class="__cf_email__" data-cfemail="c786949890a6aeb1a2b59895a2b6b2a2b4b387a2a2e9a3a8a2e9a0a8b1">[email protected]</span></a>.
    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: 
<a href="/cdn-cgi/l/email-protection#772712031205593418141f051619371f065913181259101801"><span class="__cf_email__" data-cfemail="0151647564732f426e626973606f4169702f656e642f666e77">[email protected]</span></a>.

[[Page 72450]]


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, 
<a href="/cdn-cgi/l/email-protection#34575c465d471a591a525b46405c745e575d1a575b59"><span class="__cf_email__" data-cfemail="95f6fde7fce6bbf8bbf3fae7e1fdd5fff6fcbbf6faf8">[email protected]</span></a>, Johnson Controls Inc., 3110 N Mead St. Wichita, 
KS 67219.
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    \1\ The petition did not identify any of the information 
contained therein as confidential business information.
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    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 well-marked 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))
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    \2\ All 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.
    \3\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
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    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

[[Page 72451]]

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-procedure-waivers. The petition did not identify any of the information contained 
therein as confidential business information.
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    \4\ The 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.
    \5\ A 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.
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    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.
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    \6\ On 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.
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    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).
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    \7\ See 82 FR 43952 for DOE's notification of petition and grant 
of interim waiver published on September 20, 2017.
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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

[[Page 72452]]

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:
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    \8\ See 83 FR 12735.
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3.1.7 Test Sequence

    Manufacturers may optionally operate the equipment under test for a 
``break-in'' 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 A<INF>2</INF> 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 H1<INF>2</INF> 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 E<INF>v</INF> Test, 
and the first test using the heating minimum air volume rate must 
precede the H2<INF>v</INF> 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).

----------------------------------------------------------------------------------------------------------------
                                                                                          Fraser-
                                                     York       Coleman      Luxaire      Johnston     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 
``break-in'' 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 A<INF>2</INF> 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 H1<INF>2</INF> Test first to

[[Page 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 
E<INF>v</INF> Test, and the first test using the heating minimum air 
volume rate must precede the H2<INF>v</INF> 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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[FR Doc. 2023-23205 Filed 10-19-23; 8:45 am]
BILLING CODE 6450-01-C


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