This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

39873 

Vol. 83, No. 156 

Monday, August 13, 2018 

1The administrative stay was made publicly 

available on DOE’s website on July 3, 2017: https:// 

www.energy.gov/sites/prod/files/2017/07/f35/ 

Grant%20of%20Administrative%20Stay%20

Concerning%20Test%20

Procedure%20For%20Cental%20

Air%20Conditioners%20and%20

Heat%20Pumps.pdf. The administrative stay was 

subsequently published in the Federal Register on 

July 13, 2017. 82 FR 32227. On September 14, 2017, 

the Natural Resources Defense Council filed a 

complaint in the U.S. District Court for the 

Southern District of New York challenging DOE’s 

decision to issue the administrative stay. 

DEPARTMENT OF ENERGY 

10 CFR Part 429 

[EERE–2016–BT–TP–0029] 

RIN 1904–AD71 

Energy Conservation Program: Test 

Procedures for Central Air 

Conditioners and Heat Pumps 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Lifting of administrative stay. 

SUMMARY: On July 3, 2017, the 

Department of Energy (DOE) issued an 

administrative stay postponing the 

effectiveness of certain provisions of a 

final rule, published in the Federal 

Register on January 5, 2017. The 

January 5, 2017 final rule amended the 

test procedure and certain certification, 

compliance, and enforcement 

provisions for central air conditioners 

and heat pumps. Specifically, in issuing 

the administrative stay, DOE stayed the 

effectiveness of two provisions of the 

January 5, 2017 final rule that require 

outdoor unit models be tested under the 

outdoor unit with no match procedure 

if they meet either of two enumerated 

conditions. By this action, DOE lifts the 

administrative stay of the two 

provisions. 

DATES: As of August 3, 2018, the 

administrative stay issued under 5 

U.S.C. 705, postponing the effectiveness 

of certain provisions of 10 CFR 

429.16(a)(3)(i), was lifted. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Pete Cochran, U.S. Department of 

Energy, Office of the General Counsel, 

1000 Independence Ave. SW, 

Washington, DC 20585–0121. Phone: 

(202) 586–9496. Email: Peter.Cochran@

hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 5, 2017, DOE published a 

final rule (January 2017 final rule) 

amending the test procedure and 

certification, compliance, and 

enforcement provisions for central air 

conditioners and heat pumps (CAC/HP). 

82 FR 1426. Among other changes, the 

January 2017 final rule added a 

paragraph at 10 CFR 429.16(a)(3)(i) 

requiring, among other things, that 

central air conditioners and heat pumps 

be tested under the outdoor unit with no 

match provisions if: (1) Any of the 

refrigerants approved for use with an 

outdoor unit model is HCFC–22 or has 

a 95 °F midpoint saturation absolute 

pressure that is +/¥ 18 percent of the 

95 °F saturation absolute pressure for 

HCFC–22, or if there are no refrigerants 

designated as approved for use; or (2) a 

model of outdoor unit is not charged 

with a specified refrigerant from the 

point of manufacture or if the unit is 

shipped requiring the addition of more 

than two pounds of refrigerant to meet 

the charge required for testing per 

section 2.2.5 of appendix M or appendix 

M1 (unless either (a) the factory charge 

is equal to or greater than 70% of the 

outdoor unit internal volume times the 

liquid density of refrigerant at 95 °F or 

(b) an A2L refrigerant is approved for 

use and listed in the certification 

report). 

The original effective date of the 

January 2017 final rule was February 6, 

2017. Subsequently, DOE delayed the 

effective date of the January 2017 final 

rule until March 21, 2017 (82 FR 8985), 

and then further delayed the effective 

date until July 5, 2017 (82 FR 14425; 82 

FR 15457). 

On March 3, 2017, Johnson Controls, 

Inc. (JCI) filed a petition for review of 

the January 2017 final rule in the United 

States Court of Appeals for the Seventh 

Circuit. This litigation is subject to 

ongoing mediation. JCI manufactures 

outdoor units with an approved 

refrigerant that has a 95 °F midpoint 

saturation absolute pressure that is +/¥ 

18 percent of the 95 °F saturation 

absolute pressure for HCFC–22. These 

same models are also shipped requiring 

the addition of more than two pounds 

of refrigerant to meet the charge 

required for testing per section 2.2.5 of 

appendix M or appendix M1, and the 

factory charge is not equal to or greater 

than 70% of the outdoor unit internal 

volume times the liquid density of 

refrigerant at 95 °F. Thus, under either 

of the two provisions that were added 

at 10 CFR 429.16(a)(3)(i) by the January 

2017 final rule, these models would 

need to be tested as outdoor units with 

no match under appendix M or M1. 

Also on March 3, 2017, JCI submitted 

to DOE a petition for a 180-day 

extension of the requirement that JCI 

make efficiency representations for its 

GAW Series products in accordance 

with the two new provisions of the 

January 2017 final rule. DOE granted 

this request on June 2, 2017. 

On April 6, 2017, JCI submitted to 

DOE a petition for waiver and 

application for interim waiver from 

these two test procedure provisions. JCI 

subsequently submitted an amended 

petition for waiver and application for 

interim waiver on June 5, 2018. 

On May 31, 2017, JCI requested that 

DOE grant it an administrative stay of 

the above described two provisions 

pending judicial review of the January 

2017 final rule. On June 6, 2017, JCI 

requested that DOE hold its stay request 

in abeyance, noting that DOE’s June 2, 

2017 grant of a 180-day extension of the 

date by which JCI must comply with the 

two provisions specified above obviated 

the need for an immediate grant of an 

administrative stay. Subsequently, on 

June 29, 2017, Lennox International Inc. 

(Lennox), a manufacturer of central air 

conditioners and heat pumps, filed a 

complaint in the U.S. District Court for 

the Northern District of Texas 

challenging DOE’s decision to grant the 

180-day extension to JCI. 

On July 3, 2017, DOE issued an 

administrative stay in accordance with 

the Administrative Procedure Act (5 

U.S.C. 705).1 DOE’s determination to 

issue the stay and postpone the 

effectiveness of the two provisions was 

based on JCI’s submissions that raised 

concerns about significant potential 

impacts of the test procedure provisions 

on JCI, as well as the desire to ensure 

that all manufacturers of central air 

conditioners and heat pumps would 

have the same relief granted to JCI. 82 


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39874 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations 

2 DOE will grant a waiver from the test procedure 

requirements if the prescribed test procedures 

evaluate the basic model in a manner so 

unrepresentative of its true energy or water 

consumption characteristics as to provide 

materially inaccurate comparative data. 10 CFR 

430.27(f)(2). JCI argues that the test procedure 

provisions in question result in materially 

inaccurate comparative data for the basic models 

listed in its amended petition. 

FR 32228. On July 17, 2017, following 

the denial of its request for stay of the 

180-day extension and/or for 

preliminary injunctive relief, Lennox 

voluntarily dismissed its lawsuit. 

Grant of JCI’s Application for Interim 

Waiver 

As stated above, JCI submitted initial 

and amended petitions for waiver and 

interim waiver that raise concerns about 

the equity of the challenged test 

procedure provisions. JCI contends that 

the challenged test procedure provisions 

unfairly require central air conditioner 

systems that are approved for use with 

R–407C refrigerant and are offered as 

new, matched systems to be tested as 

outdoor units with no match. Under the 

outdoor unit with no match testing 

provisions, these systems are treated as 

replacement outdoor units, regardless of 

whether they are sold as new, matched 

systems or replacement outdoor units, 

and are rated using default indoor 

parameters that approximate the 

performance of an old, previously 

installed indoor unit. As such, JCI 

argues that the test procedure is not 

representative of the energy 

consumption of such central air 

conditioners when installed in the field 

as new, matched systems. JCI proposes 

to evaluate the 1,178 system 

combinations listed in its amended 

waiver petition and certified in DOE’s 

Compliance Certification Management 

System in a manner that is 

representative of the true energy 

consumption of these products when 

installed as new, matched systems, 

similar to how central air conditioners 

that use other refrigerants and are sold 

both as new, matched systems and as 

replacement outdoor units are treated 

under DOE’s test procedure. 

While the administrative stay has 

been in place, DOE has continued to 

evaluate JCI’s initial and amended 

petitions for waiver and interim waiver. 

Based on a review of these petitions and 

JCI’s public-facing materials, it is DOE’s 

current understanding that the basic 

models listed in JCI’s amended petition, 

similar to central air conditioners that 

use other refrigerants, are offered as 

both matched, new systems and as 

replacement outdoor units for existing 

systems. As a result, DOE determined 

that JCI’s amended petition for waiver 

would likely be granted and issued a 

decision granting JCI an interim waiver 

subject to certain conditions. 

Lifting of the Administrative Stay 

In issuing the administrative stay, 

DOE determined that it was in the 

interest of justice to do so based on two 

concerns: (1) The potential for 

significant economic impacts for JCI 

resulting from a possibly 

unrepresentative test procedure; and (2) 

the desire to maintain a level playing 

field for all central air conditioner 

manufacturers. The issuance of the 

interim waiver removes the first concern 

and subjects the final determination on 

the waiver request to the administrative 

process, including a notice-andcomment period, in DOE’s waiver 

regulations at 10 CFR 430.27. Further, 

even if DOE ultimately denies JCI’s 

amended waiver petition, an 

administrative stay would still no longer 

be needed as DOE would have 

determined that the results of the test 

procedure issued in the January 2017 

final rule accurately represent the 

energy use of JCI’s products.2 In that 

case, there would be no concern about 

possible significant economic impacts to 

JCI resulting from an unrepresentative 

test procedure. 

The waiver petition process also 

addresses the second concern as any 

manufacturer of a similar product may 

also submit a waiver petition. In fact, if 

DOE ultimately grants JCI’s amended 

waiver petition, a manufacturer of a 

similar product would be required to 

submit a petition for waiver under 

DOE’s regulations. 10 CFR 430.27(j). 

Further, DOE has determined that the 

waiver petition process is a better, more 

tailored approach to ensuring a level 

playing field as manufacturers are 

required to propose alternative test 

procedures to the test procedure from 

which the waiver is sought, which are 

then subject to potential modification 

and approval by DOE. 10 CFR 

430.27(b)(1)(iii). Because DOE explicitly 

approves alternative test procedures, 

there is no possibility of uncertainty 

regarding how a product subject to a 

waiver should be tested. This also 

allows DOE to ensure that 

manufacturers of similar products are 

making energy efficiency 

representations using the same 

alternative test procedure, which is 

essential for maintaining integrity in a 

market. 

Based on the foregoing reasons, DOE 

lifts the administrative stay issued on 

July 3, 2017. 

Signed in Washington, DC, on August 3, 

2018. 

Stephen C. Skubel, 

Assistant General Counsel for Litigation. 

[FR Doc. 2018–17187 Filed 8–10–18; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2015–4007; Product 

Identifier 2015–SW–064–AD; Amendment 

39–19351; AD 2018–16–11] 

RIN 2120–AA64 

Airworthiness Directives; Various 

Model 234 and Model CH–47D 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for various 

Model 234 and Model CH–47D 

helicopters. This AD requires 

inspections of the pitch housing and 

revising the pitch housing retirement 

life. This AD was prompted by reports 

of cracking in the pitch housing lugs. 

The actions of this AD are intended to 

detect and prevent an unsafe condition 

on these products. 

DATES: This AD is effective September 

17, 2018. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain documents listed in this AD 

as of September 17, 2018. 

ADDRESSES: For service information 

identified in this final rule, contact 

Boeing Helicopters, The Boeing 

Company, 1 S. Stewart Avenue, Ridley 

Park, PA 19078, telephone 610–591– 

2121, and Columbia Helicopters, Inc. 

(Columbia), 14452 Arndt Road NE, 

Aurora, OR 97002, telephone (503) 678– 

1222, fax (503) 678–5841, or at http://

www.colheli.com. You may review a 

copy of the referenced service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 

10101 Hillwood Pkwy, Room 6N–321, 

Fort Worth, TX 76177. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2015– 

4007; or in person at the Docket 

Operations Office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The AD docket 


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