CAS-RM-79-114 COMMENT 01

Friday 

January 11, 1980 

Part X 

Department of 

Energy 

Office of Conservation and Solar Energy 

Energy Conservation Program for 

Consumer Products; Proposed 

Rulemaking and Public Hearing· Regarding 

Scope of Test Procedures for Room Air 

Conditioners as Applied to Packaged 

Terminal Air Conditioners 
CAS-RM-79-114 COMMENT 01

2632 Federal Register I Vol. 45, No.8 I Friday, January 11, 1980 I Proposed Rules 

DEPARTMENT OF ENERGY 

Office of Conservation and Solar 

Energy 

10 CFR Part 430 

Energy Conservation Program for 

Consumer Products; Proposed 

Rulemaking and PubliC: Hearing 

Regarding the Scope of Test 

Procedures for Room Air Conditioners 

as Applied to Packaged Terminal Air 

Conditioners 

AGENCV: Department of Energy. 

ACTION: Proposed Rule. 

SUMMARY: The Department of Energy 

hereby proposes to amend the general 

provisions of the Department's energy 

conservation program for consumer 

products by changing the present 

definition of "room air conditioner" and 

including a new definition of "packaged 

terminal air conditioner." The energy 

conservation program for consumer 

products was established pursuant to 

the Energy Policy and Conservation Act, 

and is intended to improve the energy 

efficiency of certain covered products 

specified in the legislation. Among other 

program elements, the legislation 

requires that standard methods of 

testing be prescribed for covered 

products. The definitions are proposed 

in order to clarify the scope of DOE's 

room air conditioner test procedures as 

applied to packaged terminal air 

conditioner. 

DATES: Written comments in response to 

this notice by March 11. 1980; requests 

to speak at the public hearing by 

January 22. 1980; speakers to be notified 

by January 28. 1980; statements by 4:30 

p.m .• January 28. 1980; hearing to be held 

on February 5, 1980. 9:30 a.m. 

ADDRESSES: Comments. requests to 

speak at the hearing and statements to: 

U.S. Department of Energy, Office of 

. Conseryatjon an(L~<:lI. a.r Energy. Docket 

. N S- -79-114:l\fail Station 

, . 2221C. 20 Massachusetts Avenue, N.W .• 

Washington, D.C. 20585. 

PUBLIC HEARING TO BE HEl.D AT: U.S. 

Department of Energy. Room 3000A; 

Federal Building. 12th Street and 

Pennsylvania Avenue. N.W., 

Washington, D.C. 20585. 

FOR FURTHER INFORMATION CONTACT: 

James A. Smith, U.S. Department of Energy, 

Office of Conservation and Solar Energy. 

Division of Buildings and Community 

Systems, Consumer Products Efficiency 

Branch, Room 2248, Mail Station 2221C. 20 

Massachusetts Avenue. N.W .. Washington. 

D.C. 20585, (202J 376-4814. 

Carol A. Snipes (Media Contact). U.S. 

Department of Energy, Office of 

Conservation and Solar Energy, Room 3235, 

Mail Station 2221C, 20 Massachusetts 

Avenue, N.W .. Washington, D.C. 20585. 

(202) 376-1651. 

William J. Dennison, U.S. Department of 

Energy, Office of General Counsel. Room 

3228.20 Massachusetts Avenue, NW., 

Washington, D.C. 20585, (202) 376-4100. 

SUPPLEMENTARY INFORMATION: 

A. Background 

On October 1. 1977. the Department of 

Energy (DOE) assumed the authority of 

the Federal Energy Administration 

(FEA) for the energy conservation 

program for consumer products. 

pursuant to section 301 of the 

Department of Energy Organization Act 

(DOE Act) (Pub. L. 95-91). The energy 

conservation program for consumer 

products was established by FEA 

pursuant to Title III, Part B of the Energy 

Policy and Conservation Act (Act) (Pub. 

L. 94-163).1 Regulations prescribed as 

part of this program are found at 10 CFR 

Part 430. 

Section 323 (42 U.S.C. 6293) of the Act 

requires that standard methods of 

testing be prescribed for covered 

products. including room air 

conditioners. FEA first proposed test 

procedures for room air conditioners on 

July 22. 1976 (41 FR 31237. July 27. 1976). 

Final test procedures for room air 

conditioners were prescribed by PEA on 

May 24. 1977 (42 FR 27896. June 1, 1977). 

Test procedures appear in Subpart B of 

Part 430 and general provisions. 

including definitions. appear in Subpart 

A. 

DOE is today proposing to amend the 

definition of "room air conditioner" in 

§ 430.2 of Subpart A. and to add a new 

definition of "packaged terminal air 

conditioner," in order to clarify the 

scope of DOE's room air conditioner test 

procedures as applied to packaged 

terminal air conditioners. 

B. Discussion 

In administering the energy 

conservation program for consumer 

products. DOE has sought to limit the 

applicability of its regulations as nearly 

as possible to consumer products which 

are intended primarily for personal use 

or consumption by individuals. For some 

consumer products. such as furnaces 

having a capacity greater than 225,000 

Btu/hr., DOE has been able to determine 

empirically that such products are 

I Subsequently. the Act was amended by the 

National Energy Policy and Conservation Act 

(NECPA) (Pub. L. (95--619)). References in this notice 

to "the Act" or sections of the Act refer to the 

Energy Policy and Conservation Act as amended by 

NECPA. 

unsuited to residential applications. 

Wherever such products have been 

satisfactorily identified, they have been 

excluded by definition from program 

coverage. 

DOE has received a petition for 

rulemaking from the Air-Conditioning 

and Refrigeration Institute (ARI) and 

comments from manufacturers alleging 

that packaged terminal air conditioners 

(PTACs) presently covered by DOE 

regulations are unsuited to residential 

applications. As defined in ARI 

Standard 310-76. Standard for Packaged 

Terminal Air Conditioner, a PTAC is a 

"combination of heating and cooling 

components. assemblies or sections, 

intended to serve an individual room or 

zone." ARI Standard 310-76 further 

defines PTACs as including: heating 

supplied by hot water. steam or 

electricity; intergral or remote 

temperature and operation controls; 

removable outdoor louvers; and a means 

for controlled forced ventilation. Some 

of these options typically are not 

available on a room air conditioner 

produced for residential use. 

As discussed below. DOE has 

determined that PTACs as defined by 

ARI are used in both commercial and 

residential applications. and that it is 

possible by definition to single out those 

PTACs which are not amenable to 

residential applications. and are 

therefore not presently intended to be 

subject to program coverage. To this 

end. DOE is today proposing to amend 

the present definition of "room air 

conditioner" to exclude PTACs. In 

addition. DOE is proposing to add a 

definition of "packaged terminal air 

conditioner" limited in scope to those 

units which DOE believes will not be 

used in residential applications. As a 

result of these two amendments fiT ACs 

as defined by DOE would not be 

covered by the DOE test procedures for 

room air conditioners. 

PTACs used in commercial 

applications are manufactured to builder 

specifications which specify the 

capacity. type of heating. type of 

controls and other characteristics of the 

unit. The builder may further specify the 

delivery schedule and location. The 

PT AC manufacturer schedules 

production to meet the builder's 

requirements. rather than manufacturing 

the units to sell from stock. Room air 

conditioners. including those units 

which are commonly called PTACs but 

which are amenable to residential 

applications. are manufactured in 

production runs. the size of which is 

determined by the manufacturer. 

Capacity and other characteristics of 

room air conditioners are chosen by the 
CAS-RM-79-114 COMMENT 01

Federal Register I Vol. 45, No.8 I Friday. January 11, 1980 I Proposed Rules 2633 

manufacturers based upon its estimate 

of consumer demand. 

The proposed definition of "packaged 

terminal air conditioners" would have 

the effect of excluding from test 

procedure coverage units which provide 

heating by using either steam or hot 

water supplied by a remote boiler. 

Available information indicates that 

such units are not amenable to 

residential applications. Units designed 

for remote control operation would be 

similarly excluded. Such units are 

typically used in multi-room buildings 

where they become an integral part of 

the structure's overall space 

conditioning system, by cooling and 

heating exterior rooms while interior 

rooms are cooled and heated by other 

types of equipment. All of the system 

components, PTACs and central 

equipment, can be remotely controlled 

to provide the desired cooling and 

heating. 

It should be emphasized that DOE's 

proposed PTAC definition, as explained 

above, differs from the definition which 

has previously been applied by 

members of the industry, and which 

included both residential and 

commercial models. Only PT ACs as 

defined by ODE would be excluded from 

test procedure coverage under the 

proposed amendments. Any air 

conditioning product which the industry 

may identify as a PT AC but which does 

not fall within the terms of DOE's 

proposed definition would remain 

covered by the DOE room air 

conditioner test procedures. In 

particular. units which are not 

manufactured to builder specifications, 

which are self-contained airconditioning systems with integral 

controls, or which are available for sale 

from stock are "room air conditioners" 

within the meaning of the DOE test 

procedures for room air conditioners. 

C. Comment Procedure 

1. Written Comment 

Interested persons are invited to 

participate in this rulemaking by 

submitting data, views or arguments 

with respect to the proposed amendment 

set forth in this notice. 

Comments should be identified on the 

outside of the envelope, and on 

documents submitted to DOE with the 

designation, "Room Air ConditionerProposed Amendment." Fifteen copies 

are requested to be submitted, but this is 

not a requirement for submitting 

comments. 

Pursuant to the provisions of 10 CFR 

1004.11, any person submitting 

information or data which he believes to 

be confidential and exempt by law from 

public disclosure should submit one 

complete copy, and fifteen copies from 

which the information believed to be 

confidential has been deleted. In 

accordance with the procedures 

established at 10 CFR 1004.11, DOE shall 

make its own determination with regard 

to any claim that information submitted 

be exempt from public disclosure. 

2. Public Hearing. 

a. Request Procedure. The time and 

place of the public hearing are indicated 

at the beginning of this notice. DOE 

invites any person who has an interest 

in the amendment proposed today, or is 

a representative of a group Qr class of 

persons that has an interest in today's 

proposed amendment, to make a written 

request for an opportunity to make an 

oral presentation. Such requests sbould 

be labeled both on the document and on 

the envelope, "Room Air ConditionerProposed Amendment. (Docket No. 

CAS-RM-79-114)" and should be sent to 

the address indicated at the beginning of 

this notice, by the time there specified. 

The person making the request should 

briefly describe the interest concerned 

and, if appropriate, state why he is a 

proper representative of a group that 

has an interest, and give a phone 

number where he may be contacted. 

b. Conduct of Hearing. DOE reserves 

the right to select the persons to be 

heard at the hearing, to schedule the 

representative presentations, and to 

establish the procedures governing the 

conduct of the hearing. The length of 

each presentation may be limited, due to 

the number of persons requesting to be 

heard. If time permits, the official 

conducting the hearing may accept 

additional comments or questions from 

those attending. 

The hearing will not be a judicial or 

evidentary-type hearing. Except during 

those periods when comments or 

quesiions are requested from the floor, 

questions will be asked only by the 

persons conducting the hearing. Any 

further procedural rules needed for the 

proper conduct of the hearing will be 

announced by the presiding officer. 

A transcript of the hearing will be 

made, and the entire record of the 

hearing, including the transcript, will be 

retained by DOE and made available for 

inspection at the DOE Freedom of 

Information Office in the Forrestal 

Building, Independence Avenue and 

L'Enfant Plaza, S.W., Washington, D.C. 

20585, between the hours of 8:00 a.m. 

and 4:30 p.m., Monday through Friday. 

In addition, any person may purchase a 

copy of the transcript from the reporter. 

D. Regulatory and Environmental 

Review 

Pursuant to section 7(c){2) ofthe 

Federal Energy Administration Act, a 

copy of this notice has been submitted 

to the Administrator of the 

Environmental Protection Agency for his 

comments concerning the impact of this 

proposal on the quality of the 

environment. The Administrator has no 

comments at the present time. 

In accordance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq. ), DOE evaluated the 

proposed establishment of test 

procedures for consumer products to 

determine if an environmental 

assessment or an environmental impact 

statement was required. These test 

procedures will be used only to 

standarize the measurement of energy 

usage. The action of prescribing these 

test procedures. by itself, will not result 

in any environmental impact. Since it is 

clear the proposed amendments are not 

a major Federal action significantly . 

affecting the quality of the human 

environment. DOE has determined that 

neither an environmental assessment 

nor an environmental impact statement 

is required. 

The proposed rule has been reviewed 

in accordance with Executive Order 

12044 and DOE Order 2030 and has been 

determined not to have major impacts to 

manufacturers and consumers (imposing 

annual economic costs of $100 million or 

more). 

(Energy Policy and Conservation Act, Pub. L. 

94-163. as amended by Pub. L. 95-619; 

Department of Energy Organization Act, Pub. 

L. 95-fJ1; E.O. 12009, 43 FR 46267.) 

In consideration of the foregoing, it is 

proposed to amend Chapter II of Title 

10, Code of Federal Regulations. as set 

forth below. 

Issued in Washington, D.C., January 4. 

1980. 

Maxine Savitz. 

Acting Assistant Secretary. Conservation and 

Solar Energy. 

1. Section 430.2 is amended by adding 

a new definition of "packaged terminal 

air conditioner" in appropriate 

alphabetical order, and by revising the 

present definition of "room air 

conditioner," both to read as follows: 

§ 430.2 Definitions. 

* * * * 

"Packaged terminal air conditioner" 

means an encased assembly with a . 

builder specified combination of heating 

and cooling components, assemblies or 

sections intended for mounting through 

the wall. It includes a prime source of 

refrigeration, separable outdoor louvers, 
CAS-RM-79-114 COMMENT 01

2634 Federal Register / Vol. 45, No.8 / Friday, January 11, 1980 / Proposed Rules 

forced ventilation. and either includes 

remote controls or provides heating by 

steam or hot water supplied by a remote 

boiler. or both. 

"Room air conditioner" means an 

encased assembly designed as a unit for 

mounting in a window or through the 

wall for the purpose of providing 

delivery of conditioned air to an 

enclosed space, which is not a 

"packaged terminal air conditioner." It 

includes a prime source of refrigeration 

and may include a means for ventilating 

and heating. 

* * * * * 

(FR Doc. 8IJ..OOO Filed 1-10-80; 8:45 am) 

BILLING CODE 6450-01-M