## 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

### 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 ofTest Procedures for Room Air Conditioners

as Applied to Packaged Terminal Air Conditioners

AGENCV: Department ofEnergy.

ACTION: Proposed Rule.

SUMMARY: The Department ofEnergy hereby proposes to amend the general provisions ofthe 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 ofcertain 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 ofDOE'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 by4:30 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 ofEnergy, 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 ofEnergy. 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 ofEnergy,

Office ofConservation and Solar Energy. Division ofBuildings 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 ofEnergy, Office of Conservation and SolarEnergy, 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 ofGeneral 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 consumerproducts. pursuant to section 301 ofthe Department ofEnergy Organization Act (DOE Act) (Pub. L. 95-91). The energy conservation program for consumer products was establishedby FEA pursuant to Title III, PartBofthe Energy Policy and ConservationAct (Act) (Pub. L. 94-163).1 Regulations prescribed as part ofthis program are found at 10 CFR Part430.

Section 323 (42 U.S.C. 6293) ofthe Act requires that standardmethods 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). Testprocedures appear in SubpartB of Part430 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 ofDOE'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 ofits regulations as nearly

as possible to consumerproducts which

are intendedprimarilyfor personal use

or consumption by individuals. For some

consumerproducts. such as furnaces having a capacity greater than 225,000 Btu/hr., DOE has been able to determine empirically that suchproducts 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 "theAct" or sections ofthe Act refer to the Energy Policy and Conservation Act as amended by NECPA. unsuited to residential applications. Wherever suchproducts 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 byDOE regulations are unsuited to residential applications. As defined in ARI Standard 310-76. Standard for Packaged Terminal Air Conditioner, a PTAC is a "combination ofheatingand cooling components. assemblies or sections, intended to serve an individual room or zone." ARI Standard 310-76 further defines PTACs as including: heating suppliedby hot water. steam or electricity; intergral orremote temperature and operation controls; removable outdoor louvers; and a means for controlledforced ventilation. Some ofthese 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 ofthese two amendments fiTACs

as defined byDOE would notbe 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 ofheating. type of controls and other characteristics ofthe unit. The builder may further specify the delivery schedule and location. The PT AC manufacturer schedules production to meet the builder's requirements. rather thanmanufacturing 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 productionruns. the size ofwhich is determined by the manufacturer. Capacity and other characteristics of

room air conditioners are chosenby the

### Federal Register 

## I Vol. 45, No.8 

## I Friday. January 11, 1980 

## I Proposed Rules 

### 2633

manufacturers baseduponits estimate ofconsumer demand.

The proposed definition of "packaged terminal air conditioners" would have the effect ofexcluding from test procedure coverage units which provide heating byusing either steam or hot
water supplied by a remoteboiler. Available information indicates that such units are not amenable to residential applications. Units designed for remote control operationwouldbe similarly excluded. Suchunits are typically used in multi-room buildings where they become an integral partof the structure's overall space conditioning system, by cooling and heating exteriorrooms while interior

rooms are cooled and heatedby other types ofequipment. All ofthe system components, PTACs and central equipment, can be remotely controlled
to provide the desired cooling and heating.

It should be emphasizedthatDOE's proposedPTAC definition, as explained above, differs from the definition which has previously been appliedby members ofthe industry, and which included bothresidential and commercial models. Only PTACs as defined by ODE would be excluded from
testprocedure coverage under the proposed amendments. Any air conditioning product which the industry mayidentify as a PTAC butwhich does
not fall within the terms ofDOE's proposed definition wouldremain coveredby the DOE room air conditioner testprocedures. In particular. units which are not manufactured to builder specifications, which are self-contained airconditioning systems withintegral controls, or which are available for sale from stock are "room air conditioners" within the meaning ofthe 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 ofthe 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 exemptbylaw from public disclosure should submit one complete copy, andfifteen 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 thatinformation submitted be exempt from public disclosure.



### 2. PublicHearing.

a. 

### RequestProcedure. The time and place ofthe public hearing are indicated
at the beginning ofthis notice. DOE invites anyperson who has an interest in the amendment proposed today, or is

a representative ofa group Qr class of
persons thathas aninterest in today's proposed amendment, to make a written request for an opportunity to make an oral presentation. Such requests sbould be labeledboth on the document and on the envelope, "Room Air ConditionerProposed Amendment. (Docket No. CAS-RM-79-114)" and shouldbe 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, ifappropriate, state whyhe is a properrepresentative of a group that has an interest, and give a phone number where he maybe 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 ofthe hearing. The length of eachpresentationmaybe limited, due to the number ofpersons requesting to be heard. Iftime 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 requestedfrom the floor, questions will be asked only by the persons conducting the hearing. Any further procedural rules needed for the proper conduct ofthe hearing will be announcedby the presiding officer.

A transcript ofthe hearing will be made, and the entire record 

### ofthe hearing, including the transcript, will be retainedbyDOE 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 of8:00 a.m. and4:30 p.m., Monday through Friday. In addition, anyperson may purchase a copy ofthe transcript from the reporter. D. Regulatory and Environmental Review

Pursuant to section 7(c){2) ofthe FederalEnergy Administration Act, a copy ofthis notice has been submitted
to the Administrator ofthe Environmental Protection Agency for his
comments concerning the impact ofthis proposal on the quality ofthe environment. The Administratorhas no comments at the presenttime.

In accordance with the National Environmental Policy Act 

### of 1969 (42 U.S.C. 4321 

### etseq. ), DOE evaluatedthe proposed establishment oftest procedures for consumerproducts to determine ifan environmental
assessment or an environmental impact
statement wasrequired. These test procedures will be used only to standarize the measurement ofenergy usage. The action ofprescribing these
testprocedures. byitself, 

### will notresult in any environmental impact. Since it is clear the proposed amendments are not

a major Federal action significantly

. affecting the quality ofthe human environment. DOE has determined that neither an environmental assessment

nor an environmental impact statement is required.

The proposedrule hasbeenreviewed in accordance withExecutive Order 12044 and DOE Order 2030 andhasbeen 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 byPub. L. 95-619; Department ofEnergy Organization Act, Pub. L. 95-fJ1; E.O. 12009, 43 FR46267.)

In consideration ofthe foregoing, it is proposed to amend Chapter II ofTitle 10, Code ofFederal Regulations. as set forth below.

Issued in Washington, D.C., January 4. 1980. Maxine Savitz. ActingAssistantSecretary. Conservation and SolarEnergy.

1. Section 430.2 is amended by adding

a new definition of "packaged terminal air conditioner" in appropriate alphabetical order, andbyrevising 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 ofheating and cooling components, assemblies or sections intended for mounting through the wall. Itincludes a prime source of refrigeration, separable outdoor louvers,

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

forced ventilation. and eitherincludes remote controls orprovidesheating by steam orhot water suppliedby a remote boiler. orboth.

"Room air conditioner" means an encased assembly designed as a unit for mounting in a window orthrough the wall for the purpose ofproviding delivery ofconditioned airto an enclosed space, whichis not a "packagedterminal air conditioner." It 

### includes a prime source ofrefrigeration andmay include a means for ventilating andheating. * 

### * * * 

### *
(FR Doc. 8IJ..OOO Filed 1-10-80; 8:45 am)
BILLING CODE 6450-01-M