[Federal Register Volume 75, Number 24 (Friday, February 5, 2010)]
[Notices]
[Pages 6013-6018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2515]


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DEPARTMENT OF ENERGY

[Case No. CAC-022]


Energy Conservation Program for Consumer Products: Decision and 
Order Granting a Waiver to Hallowell International (Hallowell) From the 
Department of Energy Residential Central Air Conditioner and Heat Pump 
Test Procedures

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Decision and order.

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SUMMARY: This notice publishes the U.S. Department of Energy's (DOE) 
decision and order in Case No. CAC-022. DOE grants a waiver to 
Hallowell from the existing DOE test procedure applicable to 
residential central air conditioners and heat pumps. The waiver 
pertains to Hallowell's boosted compression heat pumps, a product line 
that uses three-stage technology to enable efficient heating at very 
low outdoor temperatures. The existing test procedure accounts for two-
capacity operation, but not three-capacity operation. Therefore, 
Hallowell has suggested an alternate test procedure to calculate the 
heating performance of its three-stage boosted compression products. As 
a condition of this waiver, Hallowell must test and rate its boosted 
compression heat pump products according to the alternate test 
procedure set forth in this notice.

[[Page 6014]]


DATES: This decision and order is effective February 5, 2010.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mailstop EE-2J, 
1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone: 
(202) 586-9611. E-mail: <a href="/cdn-cgi/l/email-protection#58190b070f39312e3d2a070a3d292d3d2b2c2b183d3d763c373d763f372e"><span class="__cf_email__" data-cfemail="c485979b93a5adb2a1b69b96a1b5b1a1b7b0b784a1a1eaa0aba1eaa3abb2">[email protected]</span></a>.
    Francine Pinto, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-71, 1000 Independence Avenue, SW., Washington, DC 
20585-0103. Telephone: (202) 586-7432. E-mail: 
<a href="/cdn-cgi/l/email-protection#ca8cb8aba4a9a3a4afe49aa3a4bea58aa2bbe4aea5afe4ada5bc"><span class="__cf_email__" data-cfemail="632511020d000a0d064d330a0d170c230b124d070c064d040c15">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR) 430.27(l), DOE gives notice of the 
issuance of its decision and order as set forth below. In this decision 
and order, DOE grants Hallowell a waiver from the applicable 
residential central air conditioner and heat pump test procedures at 10 
CFR part 430 subpart B, appendix M, for certain basic models of its 
three-stage boosted compression heat pumps, provided that Hallowell 
tests and rates such products using the alternate test procedure 
described in this notice. Further, today's decision requires that 
Hallowell may not make any representations concerning the energy 
efficiency of these products unless such product has been tested 
consistent with the provisions and restrictions in the alternate test 
procedure set forth in the decision and order below, and such 
representations fairly disclose the results of such testing. (42 U.S.C. 
6314(d)) Distributors, retailers, and private labelers are held to the 
same standard when making representations regarding the energy 
efficiency of these products. (42 U.S.C. 6293(c)).

    Issued in Washington, DC, on January 29, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Decision and Order

    In the Matter of: Hallowell International (Hallowell) (Case No. 
CAC-022).

Background

    Title III of the Energy Policy and Conservation Act sets forth a 
variety of provisions concerning energy efficiency. Part A of Title III 
provides for the ``Energy Conservation Program for Consumer Products 
Other Than Automobiles.'' (42 U.S.C. 6291-6309) Part A includes 
definitions, test procedures, labeling provisions, energy conservation 
standards, and the authority to require information and reports from 
manufacturers. Further, Part A authorizes the Secretary of Energy to 
prescribe test procedures that are reasonably designed to produce 
results that measure energy efficiency, energy use, or estimated annual 
operating costs, and that are not unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3)).
    Today's notice involves residential products under Part A. Relevant 
to the current petition for waiver, the test procedure for residential 
central air conditioners and heat pumps is contained in 10 CFR part 
430, subpart B, appendix M.
    DOE's regulations allow a person to seek a waiver from the test 
procedure requirements for covered consumer products, when the 
petitioner's basic model contains one or more design characteristics 
that prevent testing according to the prescribed test procedure, or 
when they may 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(a)(1). Petitioners must 
include in their petition any alternate test procedures known to the 
petitioner to evaluate the basic model in a manner representative of 
its energy consumption characteristics. 10 CFR 430.27(b)(1)(iii). The 
Assistant Secretary for Energy Efficiency and Renewable Energy (the 
Assistant Secretary) may grant a waiver subject to conditions, 
including adherence to alternate test procedures. 10 CFR 430.27(l). 
Waivers remain in effect pursuant to the provisions of 10 CFR 
430.27(m).
    The waiver process also allows any interested person who has 
submitted a petition for waiver to file an application for interim 
waiver of the applicable test procedure requirements. 10 CFR 
430.27(a)(2). The Assistant Secretary will grant an interim waiver 
request if it is determined that the applicant will experience economic 
hardship if the interim waiver is denied, if it appears likely that the 
petition for waiver will be granted, and/or the Assistant Secretary 
determines that it would be desirable for public policy reasons to 
grant immediate relief pending a determination on the petition for 
waiver. 10 CFR 430.27(g).
    On July 29, 2008, Hallowell filed a petition for waiver and an 
application for interim waiver from the test procedures applicable to 
residential central air conditioners and heat pumps, found at 10 CFR 
part 430, subpart B, appendix M. Hallowell requested the waiver for its 
residential boosted compression products that use three-speed 
compressor technology, stating that the existing test procedure is 
applicable only to products with one- and two-speed compressors. 
Hallowell included an alternate test procedure in its July 29, 2008, 
submittal, but DOE advised Hallowell that the alternate procedure was 
incomplete. On April 25, 2009, Hallowell submitted a revised petition 
and alternate test procedure. On May 29, 2009, Hallowell submitted a 
revised petition with additional evidence of financial hardship. On 
December 2, 2009, DOE granted Hallowell an interim waiver and published 
Hallowell's petition for waiver. 74 FR 63131. DOE received no comments 
on the Hallowell petition.

Assertions and Determinations

Hallowell's Petition for Waiver
    Hallowell seeks a waiver from the DOE test procedures because its 
boosted compression heat pump systems contain design characteristics 
that prevent testing according to the current DOE test procedure. The 
DOE test procedure covers systems with a single speed, with two steps 
or stages of modulation, and with continuous modulation over a finite 
range through the incorporation of a variable-speed or digital 
compressor. Hallowell's product deviates from the anticipated form--a 
system whose performance falls between that of a two-capacity system 
and a conventional variable-capacity system--because the three-capacity 
capability is limited to heating mode operation. Moreover, the 
additional stage of heating capacity is used specifically at the lowest 
outdoor temperatures to maximize the total heating contributed by the 
heat pump, relative to the total heating supplied by the auxiliary heat 
source (usually electric resistance). Another unique feature of 
Hallowell's low-temperature heat pump system is that for any given 
outdoor temperature, only two stages of heating are permitted; one 
stage is always locked out. Hallowell's three-speed boosted compression 
heat pumps are also capable of efficient operation at much lower 
temperatures than two-speed heat pumps (Hallowell measured a 
coefficient of performance of 2.1 at -15 [deg]F), making them 
potentially very desirable for heating in cold climates.
    Rating Hallowell's boosted compression products requires modified 
calculation algorithms and testing at an additional, lower temperature 
to capture the effect on both capacity and power of the additional 
stage/level of heating operation. The building load assigned within the 
heating seasonal performance factor (HSPF) calculation requires

[[Page 6015]]

evaluation based on the case where the high-stage compressor capacity 
for heating exceeds the high-stage compressor capacity for cooling. 
Finally, the test procedure must account for the control feature that 
limits the number of heating mode capacity levels to two for any given 
outdoor temperature. The Hallowell alternate test procedure is a 
logical extension of DOE's two-capacity test method to cover 
Hallowell's three-capacity compressor. The two (of three potential) 
active stages of heating capacity available for each bin temperature 
calculation are based on Hallowell's control logic. The HSPF algorithm 
follows the algorithm in the DOE test procedure used for two-capacity 
heat pumps.
    In the DOE test procedure, heating mode tests are conducted at 
62[deg]F, 47[deg]F, 35[deg]F, and 17[deg]F. This method does not 
collect enough operating characteristics to create an accurate trend, 
and does not consider the performance of 3-speed equipment at cold 
temperatures, so an additional test point at 0[deg]F is added. The DOE 
test procedure also linearly interpolates to capture the effect of 
varying outdoor temperature. The Hallowell product uses a different 
system configuration for the high compressor capacity tests at 47[deg]F 
and 17[deg]F; therefore the algorithm used to calculate HSPF was 
modified to create a more accurate performance map.
    DOE notes that the existing DOE test procedure accurately covers 
the 2 speed air conditioning performance of the Hallowell product 
because the Booster Compressor is not allowed to operate in cooling 
mode, effectively making the system a standard two speed air 
conditioner. Therefore, the waiver is applicable only to heating mode.
Consultations With Other Agencies
    DOE consulted with the Federal Trade Commission (FTC) staff 
concerning the Hallowell Petition for Waiver. The FTC staff did not 
have any objections to the issuance of a waiver to Hallowell.

Conclusion

    After careful consideration of all the materials submitted by 
Hallowell, the absence of any comments, and consultation with the FTC 
staff, it is ordered that:
    (1) The ``Petition for Waiver'' filed by Hallowell International 
(Hallowell) (Case No. CAC-022) is hereby granted as set forth in the 
paragraphs below.
    (2) Hallowell shall not be required to test or rate the following 
boosted compression models on the basis of the current test procedures 
contained in 10 CFR part 430, subpart B, appendix M, but shall be 
required to test and rate such products according to the alternate test 
procedure as set forth in paragraph (3) below:

ACADIA024, ACADIA036, ACADIA048, 36C35H, 42C46H, ACHP03642, ACHP02431
(3) Alternate Test Procedure
    Add section 3.6.6 to address the heating mode tests conducted on 
units having a triple-capacity compressor.
    3.6.6 Tests for a heat pump having a triple-capacity compressor. 
Test triple-capacity, northern heat pumps for the heating mode as 
follows:
    a. Conduct one Maximum Temperature Test (H0<INF>1</INF>), two High 
Temperature Tests (H1<INF>2</INF> and H1<INF>1</INF>), two Frost 
Accumulation Tests (H2<INF>2</INF> and H2<INF>1</INF>), three Low 
Temperature Tests (H3<INF>1,</INF> H3<INF>2</INF>, and H3<INF>3</INF>), 
and one Minimum Temperature Test (H4<INF>3</INF>). An alternative to 
conducting the H2<INF>1</INF> Frost Accumulation Test to determine 
Q<INF>h</INF><SUP>k=1</SUP> (35) and E<INF>h</INF><SUP>k=3</SUP> (35) 
is to use the following equations to approximate this capacity and 
electrical power:
[GRAPHIC] [TIFF OMITTED] TN05FE10.023

    In evaluating the above equations, determine the quantities 
Q<INF>h</INF><SUP>k=1</SUP> (47) and E<INF>h</INF><SUP>k=1</SUP> (47) 
from the H1<INF>1</INF> Test and evaluate them according to Section 
3.7. Determine the quantities Q<INF>h</INF><SUP>k=1</SUP> (17) and 
E<INF>h</INF><SUP>k=1</SUP> (17) from the H3<INF>1</INF> Test and 
evaluate them according to Section 3.10. If the manufacturer conducts 
the H2<INF>1</INF> Test, the option of using the above default 
equations is not forfeited. Use the paired values of 
Q<INF>h</INF><SUP>k=1</SUP> (35) and E<INF>h</INF><SUP>k=1</SUP> (35) 
derived from conducting the H2<INF>1</INF> Frost Accumulation Test and 
evaluated as specified in section 3.9.1 or use the paired values 
calculated using the above default equations, whichever paired values 
contribute to a higher Region IV HSPF based on the DHR<INF>min</INF>.
    Conducting a Frost Accumulation Test (H2<INF>3</INF>) with the heat 
pump operating at its booster capacity is optional. If this optional 
test is not conducted, determine Q<INF>h</INF><SUP>k=3</SUP> (35) and 
E<INF>h</INF><SUP>k=3</SUP> (35) using the following equations to 
approximate this capacity and electrical power:
[GRAPHIC] [TIFF OMITTED] TN05FE10.024

Where,

[[Page 6016]]

[GRAPHIC] [TIFF OMITTED] TN05FE10.025

    Determine the quantities Q<INF>h</INF><SUP>k=2</SUP> (47) and 
E<INF>h</INF><SUP>k=2</SUP> (47)from the H1<INF>2</INF> Test and 
evaluate them according to Section 3.7. Determine the quantities 
Q<INF>h</INF><SUP>k=2</SUP> (35) and E<INF>h</INF><SUP>k=2</SUP> 
(35) from the H2<INF>2</INF> Test and evaluate them according to 
Section 3.9.1. Determine the quantities Q<INF>h</INF><SUP>k=2</SUP> 
(17) and E<INF>h</INF><SUP>k=2</SUP> (17) from the H3<INF>2</INF> 
Test, determine the quantities Q<INF>h</INF><SUP>k=3</SUP> (17) and 
E<INF>h</INF><SUP>k=3</SUP> (17) from the H3<INF>3</INF> Test, and 
determine the quantities Q<INF>h</INF><SUP>k=3</SUP> (2) and 
E<INF>h</INF><SUP>k=3</SUP> (2) from the H4<INF>3</INF> Test. 
Evaluate all six quantities according to Section 3.10. If the 
manufacturer conducts the H2<INF>3</INF> Test, the option of using 
the above default equations is not forfeited. Use the paired values 
of Q<INF>h</INF><SUP>k=3</SUP> (35) and E<INF>h</INF><SUP>k=3</SUP> 
(35) derived from conducting the H2<INF>3</INF> Frost Accumulation 
Test and calculated as specified in section 3.9.1 or use the paired 
values calculated using the above default equations, whichever 
paired values contribute to a higher Region IV HSPF based on the 
DHR<INF>min</INF>.
    Table A specifies test conditions for all thirteen tests.

                                   Table A--Heating Mode Test Conditions for Units Having a Triple-Capacity Compressor
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                    Air entering indoor   Air entering outdoor
                                     unit temperature       unit temperature
         Test description                ([deg]F)               ([deg]F)             Compressor            Booster            Heating air volume rate
                                  ---------------------------------------------       capacity
                                    Dry bulb   Wet bulb   Dry bulb   Wet bulb
--------------------------------------------------------------------------------------------------------------------------------------------------------
H01 Test (required, steady)......         70    60(max)         62        56.5  Low................  Off................  Heating Minimum.1
H12 Test (required, steady)......         70    60(max)         47        43    High...............  Off................  Heating Full-Load.2
H1C2 Test (optional, cyclic).....         70    60(max)         47        43    High...............  Off................  (3).
H11 Test (required)..............         70    60(max)         47        43    Low................  Off................  Heating Minimum.1
H1C1 Test (optional, cyclic).....         70    60(max)         47        43    Low................  Off................  (4).
H23 Test (optional, steady)......         70    60(max)         35        33    High...............  On.................  Heating Full-Load.2
H22 Test (required)..............         70    60(max)         35        33    High...............  Off................  Heating Full-Load.2
H21 Test(5 6) (required).........         70    60(max)         35        33    Low................  Off................  Heating Minimum.1
H32 Test (required, steady)......         70    60(max)         17        15    High...............  On.................  Heating Full-Load.2
H3C3 Test (optional, cyclic).....         70    60(max)         17        15    High...............  On.................  (7).
H32 Test (required, steady)......         70    60(max)         17        15    High...............  Off................  Heating Full-Load.2
H31 Test(5) (required, steady)...         70    60(max)         17        15    Low................  Off................  Heating Minimum.1
H43 Test (required, steady)......         70    60(max)          0        -2    High...............  On.................  Heating Full-Load.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 Defined in section 3.1.4.5.
2 Defined in section 3.1.4.4.
3 Maintain the airflow nozzle(s) static pressure difference or velocity pressure during the ON period at the same pressure or velocity as measured
  during the H12 Test.
4 Maintain the airflow nozzle(s) static pressure difference or velocity pressure during the ON period at the same pressure or velocity as measured
  during the H11 Test.
5 Required only if the heat pump's performance when operating at low compressor capacity and outdoor temperatures less than 37 [deg]F is needed to
  complete the section 4.2.6 HSPF calculations.
6 If table note <greek-i>5 applies, the section 3.6.3 equations for Qhk=1 (35) and Ehk=1 (17) may be used in lieu of conducting the H21 Test.
7 Maintain the airflow nozzle(s) static pressure difference or velocity pressure during the ON period at the same pressure or velocity measured during
  the H33 Test.

    Section 4.2.3 of appendix M shall be revised to read as follows:
    4.2.3. Additional steps for calculating the HSPF of a heat pump 
having a triple-capacity compressor. * * *
    a. Evaluate the space heating capacity and electrical power 
consumption of the heat pump at outdoor temperature T<INF>j</INF> and 
with a first stage call from the thermostat (k=1), and with a second 
stage call from the thermostat (k=2) using:
BILLING CODE 6450-01-P

[[Page 6017]]

[GRAPHIC] [TIFF OMITTED] TN05FE10.026

BILLING CODE 6450-01-C

[[Page 6018]]

    (4) Representations. Hallowell may make representations about the 
energy use of its boosted compression three-stage central air 
conditioners and heat pump products, for compliance, marketing, or 
other purposes, only to the extent that such products have been tested 
in accordance with the provisions outlined above, and such 
representations fairly disclose the results of such testing.
    (5) This waiver shall remain in effect from the date of issuance of 
this order consistent with the provisions of 10 CFR 430.27(m).
    (6) This waiver is conditioned upon the presumed validity of 
statements, representations, and documentary materials provided by the 
petitioner. This waiver may be revoked or modified at any time upon a 
determination that the factual basis underlying the petition for waiver 
is incorrect, or DOE determines that the results from the alternate 
test procedure are unrepresentative of the basic models' true energy 
consumption characteristics.

    Issued in Washington, DC, on January 29, 2010.

Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.

[FR Doc. 2010-2515 Filed 2-4-10; 8:45 am]
BILLING CODE 6450-01-P


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