43952 Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated as Part A. 

2All references to EPCA in this document refer 

to the statute as amended through the Energy 

Efficiency Improvement Act of 2015 (EEIA), Public 

Law 114–11 (April 30, 2015). 

criteria for submitting an application by 

the extended deadline. 

Note: All information in the NIA published 

on July 21, 2017 (82 FR 33881) for this 

competition remains the same, except for the 

deadline date. 

Program Authority: The Promise 

Neighborhoods program is authorized 

under section 4624 of the Elementary 

and Secondary Education Act of 1965 

(ESEA), as amended by the Every 

Student Succeeds Act (ESSA) (20 U.S.C. 

7273–7274). 

Accessible Format: Individuals with 

disabilities can obtain this document 

and a copy of the application package in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) on 

request to the program contact person 

listed under FOR FURTHER INFORMATION

CONTACT. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

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can view this document, as well as all 

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Dated: September 15, 2017. 

Margo Anderson, 

Acting Assistant Deputy Secretary for 

Innovation and Improvement. 

[FR Doc. 2017–20070 Filed 9–19–17; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CAC–051] 

Notice of Petition for Waiver of 

Johnson Controls, Inc. (JCI) From the 

Department of Energy Central Air 

Conditioners and Heat Pumps Test 

Procedure, and Granting of Interim 

Waiver 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of petition for waiver, 

notice of grant an interim waiver, and 

request for comment. 

SUMMARY: This notice announces receipt 

of and publishes a petition for waiver 

from JCI seeking an exemption from 

specified portions of the U.S. 

Department of Energy (DOE) test 

procedure for determining the efficiency 

of central air conditioners (CAC) and 

heat pumps (HP). According to JCI, 

testing its CAC and 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 requests 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. This notice 

also grants JCI an interim waiver from 

the DOE CAC and HP test procedure for 

its specified basic models, subject to use 

of the alternative test procedure as set 

forth in this notice. DOE solicits 

comments, data, and information 

concerning JCI’s petition and its 

suggested alternate test procedure. 

DATES: DOE will accept comments, data, 

and information with respect to the JCI 

Petition until October 20, 2017. 

ADDRESSES: You may submit comments, 

identified by case number ‘‘CAC–051’’ 

and Docket number ‘‘EERE–2017–BT– 

WAV–0037,’’ by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: JohnsonControlsCAC051

waiver@ee.doe.gov Include the case 

number [Case No. CAC–051] in the 

subject line of the message. Submit 

electronic comments in WordPerfect, 

Microsoft Word, PDF, or ASCII file 

format, and avoid the use of special 

characters or any form of encryption. 

• Postal Mail: Ms. Lucy Debutts, U.S. 

Department of Energy, Building 

Technologies Office, Mailstop EE–5B, 

Petition for Waiver Case No. CAC–051, 

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. 

• 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. 

The docket Web page can be found at 

http://www.regulations.gov/docket?D=

EERE-2017-BT-WAV-0037. The docket 

Web page will contain simple 

instruction on how to access all 

documents, including public comments, 

in the docket. 

Docket: The docket, which includes 

Federal Register notices, 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, 

some documents listed in the index, 

such as those containing information 

that is exempt from public disclosure, 

may not be publicly available. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lucy Debutts, U.S. Department of 

Energy, Building Technologies Program, 

Mail Stop EE–2J, Forrestal Building, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 287–1604. Email: AS_

Waiver_Requests@ee.doe.gov. 

Mr. Pete 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: 

peter.cochran@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

Title III, Part B 1 of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6291– 

6309, as codified) established the 

Energy Conservation Program for 

Consumer Products Other Than 

Automobiles, which includes central air 

conditioners and heat pumps.2 Part B 

includes definitions, test procedures, 

labeling provisions, energy conservation 

standards, and the authority to require 

information and reports from 

manufacturers. Further, Part B requires 

the Secretary of Energy to prescribe test 

procedures that are reasonably designed 

to produce results that measure energy 

efficiency, energy use, or estimated 

operating costs during a representative 

average-use cycle, and that are not 

unduly burdensome to conduct. (42 

U.S.C. 6293(b)(3)) The test procedure for 

central air conditioners and heat pumps 

is contained in 10 CFR part 430, subpart 

B, appendix M (referred to in this notice 


sradovich on DSKBBY8HB2PROD with NOTICES
Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices 43953 

as ‘‘appendix M’’) and 10 CFR part 

429.16. 

DOE’s regulations set forth at 10 CFR 

430.27 contain provisions that allow a 

person to seek a waiver from the test 

procedure requirements for a particular 

basic model of a covered product when 

the petitioner’s basic model for which 

the petition for waiver was submitted 

contains one or more design 

characteristics that either (1) prevent 

testing according to the prescribed test 

procedure, or (2) cause the prescribed 

test procedures to 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). A petitioner must include 

in its petition any alternate test 

procedures known to the petitioner to 

evaluate the basic model in a manner 

representative of its energy 

consumption. 10 CFR 430.27(b)(1)(iii). 

DOE may grant a 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. As 

soon thereafter as practicable, DOE will 

publish in the Federal Register a final 

rule. 10 CFR 430.27(l). 

The waiver process also allows DOE 

to 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 on the petition 

for waiver. 10 CFR 430.27(e)(2). 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). When DOE amends the test 

procedure to address the issues 

presented in a waiver, the waiver will 

automatically terminate on the date on 

which use of that test procedure is 

required to demonstrate compliance. 10 

CFR 430.27(h)(2). 

II. JCI’s Petition for Waiver of Test 

Procedure and Application for Interim 

Waiver 

On May 17, 2017, JCI filed a petition 

for waiver and an application for 

interim waiver from the applicable CAC 

and HP test procedure set forth in 10 

CFR part 430, subpart B, appendix M 

and 10 CFR 429.16. On June 2, 2017, JCI 

supplemented its petition with 

additional information. According to 

JCI, testing its CAC and 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 requests 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. 

Consequently, JCI seeks to use an 

alternate test procedure to test and rate 

specific CAC and HP basic models, 

which increases the break-in time limit 

stipulated in section 3.1.7 of Appendix 

M to 10 CFR part 430, subpart B. 

JCI also requests an interim waiver 

from the existing DOE test procedure. 

An interim waiver may be granted 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. 

See 10 CFR 430.27(e)(2). 

DOE has reviewed the test data 

provided by JCI and agrees that it 

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 breakin time allowed by the DOE test 

procedure. The oil injected into the oilinjected 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 an 

interim waiver, JCI’s products cannot be 

tested and rated for energy consumption 

on a basis representative of their true 

energy consumption characteristics. 

DOE has reviewed the alternate 

procedure suggested by JCI and 

concludes that it will allow for the 

accurate measurement of the energy use 

of these CAC and HP basic models 

based on the information and data 

supplied by JCI. 

Consequently, DOE has determined 

that JCI’s petition for waiver will likely 

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. 

III. Summary of Grant of an Interim 

Waiver 

For the reasons stated above, DOE has 

granted JCI’s application for interim 

waiver from testing for its specified CAC 

and HP basic models. The substance of 

DOE’s Interim Waiver Order is 

summarized below. 

JCI is required to use the alternate test 

procedures set forth in this notice to test 

and rate certain CAC and HP basic 

models that use certain variable-speed, 

oil-injected scroll compressors (VSS 

systems). Specifically, this requirement 

applies to JCI CAC and HP basic models 

that (1) have a VSS system that use one 

of the compressor models JCI specified 

to DOE on June 2, 2017 with a request 

for confidential treatment and (2) 

include the following outdoor unit 

models in combinations, listed by brand 

name: 

Brand 

York Coleman Luxaire FraserJohnston Champion 

Air Conditioners ........................................................................................ YXV24B21 AC21B2421 AL21B2421 AL21B2421 AL21B2421 

YXV36B21 AC21B3621 AL21B3621 AL21B3621 AL21B3621 

YXV48B21 AC2134821 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 


sradovich on DSKBBY8HB2PROD with NOTICES
43954 Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices 

JCI is permitted to make 

representations about the energy use of 

these basic models for compliance, 

marketing, or other purposes only to the 

extent that such products have been 

tested in accordance with the provisions 

set forth in the alternate test procedure 

and such representations fairly disclose 

the results of such testing in accordance 

with 10 CFR 429.16. 

DOE makes decisions on waivers and 

interim waivers for only those basic 

models specifically set out in the 

petition, and in this case only those 

models that use the specified 

compressors, not future models that 

may be manufactured by the petitioner. 

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). In addition, DOE notes that 

granting of an interim waiver or waiver 

does not release a petitioner from the 

certification requirements set forth at 10 

CFR 429. See also 10 CFR 430.27(a) and 

(i). 

The interim waiver shall remain in 

effect consistent with the provisions of 

10 CFR 430.27(h) and (l). Furthermore, 

this interim waiver is conditioned upon 

the presumed validity of statements, 

representations, and documents 

provided by the petitioner. DOE may 

rescind or modify a waiver or interim 

waiver at any time upon a 

determination that the factual basis 

underlying the petition for waiver or 

interim waiver is incorrect, or upon a 

determination that the results from the 

alternate test procedure are 

unrepresentative of the basic model’s 

true energy consumption characteristics. 

See 10 CFR 430.27(k). 

IV. Alternate Test Procedure 

EPCA requires that manufacturers use 

DOE test procedures to make 

representations about the energy 

consumption and energy consumption 

costs of products covered by the statute. 

(42 U.S.C. 6293(c)) Consistent 

representations are important for 

manufacturers to use in making 

representations about the energy 

efficiency of their products and to 

demonstrate compliance with 

applicable DOE energy conservation 

standards. Pursuant to its regulations 

applicable to waivers and interim 

waivers from applicable test procedures 

at 10 CFR 430.27, DOE will consider 

setting an alternate test procedure for 

JCI in a subsequent Decision and Order. 

In its petition, JCI proposes that the 

basic models listed in the petition be 

tested according to the test procedure 

for residential CAC and HP prescribed 

by DOE at 10 CFR part 430, subpart B, 

appendix M, except that the 20-hour 

break-in period maximum in section 

3.1.7 of appendix M be replaced with a 

72-hour maximum. With JCI’s proposed 

alternative test procedure, this section 

of the test procedure reads as follows: 

3.1.7 Test Sequence 

Manufacturers may optionally operate 

the equipment under test for a ‘‘breakin’’ 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 A2 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 H12 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 EV Test, and the first test 

using the heating minimum air volume 

rate must precede the H2V Test. The test 

laboratory makes all other decisions on 

the test sequence. 

V. Summary and Request for Comments 

Through this notice, DOE announces 

receipt of JCI’s petition for waiver from 

the DOE test procedure for certain CAC 

and HP basic models and grants JCI an 

interim waiver from the test procedure 

for the specified basic models that use 

variable- speed, oil-injected scroll 

compressors (VSS systems). DOE is 

publishing JCI’s petition for waiver in 

its entirety, pursuant to 10 CFR 

439.27(b)(1)(iv). The petition contains 

no confidential information. The 

petition includes a suggested alternate 

test procedure, as specified in section IV 

of this notice, to determine the energy 

consumption of JCI’s specified CAC and 

HP models. DOE may consider 

including this alternate procedure in a 

subsequent Decision and Order. 

DOE solicits comments from 

interested parties on all aspects of the 

petition, including the suggested 

alternate test procedure. More 

specifically, DOE is seeking test data 

and additional information on the 

performance on CAC and HP basic 

models with VSS compressors as well as 

the VSS compressor performance 

information as a function of time. 

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 Steve 

Tice, UPG Vice-President, Engineering, 

Unitary Products, Johnson Controls, 

Inc., 3110 N. Mead St., Wichita, KS 

67219. All comment submissions must 

include the agency name and Case 

Number CAC–051 for this proceeding. 

Submit electronic comments in 

WordPerfect, Microsoft Word, Portable 

Document Format (PDF), or text 

(American Standard Code for 

Information Interchange (ASCII)) file 

format and avoid the use of special 

characters or any form of encryption. 

Wherever possible, include the 

electronic signature of the author. DOE 

does not accept telefacsimiles (faxes). 

Pursuant 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 two copies to DOE: One 

copy of the document marked 

‘‘confidential’’ with all of the 

information believed to be confidential 

included, and one copy of the document 

marked ‘‘non-confidential’’ with all of 

the information believed to be 

confidential deleted. DOE will make its 

own determination about the 

confidential status of the information 

and treat it according to its 

determination. 

Issued in Washington, DC, on September 

13, 2017. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

Johnson Controls, Inc. 

3110 N. Mead St. 

Wichita, KS 67219 

Tel 316–239–2925 Fax 316–832–6598 

May 17, 2017 

VIA EMAIL: AS_Waiver_Requests@

ee.doe.gov 

Ashley Armstrong 

Building Technologies Program 

Office of Energy Efficiency and Renewable 

Energy 

U.S. Department of Energy 

Mailstop EE–5B 

1000 Independence Avenue SW. 

Washington, DC 20585–0121 

RE: Petition for Waiver and Interim Waiver 

of 20 Hour Break-In Period Limit for 

Certain JCI Central Air Conditioners and 

Heat Pumps With Variable Speed 

Compressors 


sradovich on DSKBBY8HB2PROD with NOTICES
Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices 43955 

1This petition for waiver and request for interim 

waiver is a substitute for that originally submitted 

by Johnson Controls, Inc. on May 2, 2017 on the 

same break-in period issue. 

2Section 3.1.7 of Appendix M to Subpart B of 10 

CFR part 430. 

3 10 CFR 430.27(a)(1). 

4Energy Conservation Standards and Test 

Procedures for Commercial Heating, AirConditioning, and Water- Heating Equipment, 

Proposed Rule, 77 FR 2355, 2374 (Jan. 17, 2012). 

5 Id. 

6Section 3.1.7 of Appendix M to Subpart B of 10 

CFR part 430 (as revised by DOE in the June 2016 

Final Rule). 

7 10 CFR 430.27(a)(1). 

8Final Rule at 1445 (‘‘[T]he establishment of the 

20-hour limit is to maintain test repeatability among 

labs regardless of who conducts the test.’’) 

9These test results are representative of the breakin characteristics of all models for which JCI seeks 

waiver here. 

Dear Ms. Armstrong: Pursuant to 10 CFR 

430.27, Johnson Controls, Inc. (JCI) 

respectfully submits this petition for waiver, 

and request for interim waiver,1 of the 

requirement in Section 3.1.7 of the test 

procedure for central air conditioners (CAC) 

and heat pumps (HP) found at Appendix M 

to Subpart B of 10 CFR part 430 that limits 

an optional compressor ‘‘break-in’’ period to 

a maximum of 20 hours before testing under 

Appendix M (the ‘‘20 Hour Break-In Limit’’).2

Specifically, JCI seeks waiver of the 20 Hour 

Break-In Limit for its central air conditioner 

and heat pumps with variable speed systems 

that use oil-injected scroll compressors (VSS 

systems), because testing these 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.3 As explained below, JCI requests 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. 

I. Johnson Controls, Inc. 

Johnson Controls, Inc. is a diversified 

equipment and technology company with its 

operational headquarters in Milwaukee, 

Wisconsin and approximately 140,000 

employees located around the globe. Our 

employees provide intelligent buildings, 

energy efficient solutions and integrated 

infrastructure to optimize energy efficiency 

and to create the smart buildings and 

communities of the future. Through its 

Unitary Product Group division, JCI 

manufactures and sells central air 

conditioner and heat pump systems for 

residential use, including high efficiency 

variable speed systems. These products are 

manufactured in the United States, in 

Wichita, Kansas. 

II. Background 

A ‘‘break-in’’ period contemplates the 

running of equipment for a period of time 

before beginning of an efficiency test.4 DOE 

has found that a ‘‘break-in period is 

particularly important for scroll compressors, 

which may be less efficient when first started 

and may require time to warm up to achieve 

optimal performance. Once the compressor is 

broken in, the performance should be more 

representative of the actual field 

performance.’’ 5 Break-in allows ‘‘mating’’ 

parts to wear against each other, which 

results in reduced friction and leakage. Until 

this initial wear has occurred, the moving 

parts in the compressor generate greater 

friction when they contact each other, which 

decreases efficiency, and the seals between 

chambers that compress or expand the 

refrigerant may have greater leakage between 

the chambers, which reduces efficiency. Oil 

injection technology improves system 

efficiency, but the oil in the scroll elements 

prolongs the time required for this initial 

wear, which is needed to achieve nominal 

efficiency. 

Section 3.1.7 of Appendix M to 10 CFR 

part 430, Subpart B provides that 

‘‘[m]anufacturers may optionally operate the 

equipment under test for a ‘‘break-in’’ period, 

not to exceed 20 hours,’’ provided that the 

manufacturer reports the break-in period 

used in any certification to DOE.6

III. Basic Models for Which Waiver Is 

Requested 

JCI requests a waiver from the 20 Hour 

Break-In Limit for its split-system CAC and 

HP basic models that use variable speed 

scroll compressors with an oil-injection 

system. Specifically, JCI requests waiver for 

all basic models that include the following 

outdoor unit models in combinations, listed 

by brand name: 

The variable speed scroll compressors used 

in these systems are optimized for highefficiency residential air conditioner and heat 

pump systems in the 2-ton to 5-ton range. 

IV. Grounds for Test Procedure Waiver 

DOE’s regulations provide for granting of a 

test procedure waiver where testing of a basic 

model under the prescribed test procedures 

would ‘‘evaluate the basic model in a manner 

so unrepresentative of its true energy . . . 

consumption characteristics as to provide 

materially inaccurate comparative data.’’ 7 JCI 

seeks a waiver from the 20 Hour Break-In 

Limit for its VSS systems because limiting 

the optional break-in period to 20 hours 

results in testing that provides materially 

inaccurate data unrepresentative of the true 

energy efficiency characteristics of these 

systems. 

JCI’s VSS systems require significantly 

more than 20 hours of break-in to reach 

design efficiency, which is the level of 

efficiency that is representative of system 

performance over the lifetime of the VSS 

system, and would be more appropriately 

tested with a break-in period of 72 hours. 

DOE established the 20 hour Break-in Limit 

to reduce test variability,8 but because 

variable speed compressors with oil injection 

do not completely wear in within 20 hours, 

performance variability for VSS systems 

actually increases when break-in is limited to 

20 hours. As explained below, JCI conducted 

testing demonstrating that a 20-hour break-in 

period does not allow for sufficient break-in 

for its VSS systems to reach representative 

efficiency, but that a 72- hour break-in period 

does. 

JCI conducted baseline VSS system 

performance tests under Appendix M after 20 

hours of break-in—the maximum currently 

permitted under Appendix M.9 JCI then ran 

the same performance tests on the same units 

after longer break-in periods, of 44, 68, and 

92 hours. JCI’s testing shows that for the 

tested products, measured efficiency 

increased significantly with break-in periods 

longer than 20 hours. As is shown in the 

following sections, the Ev, B1, and F1 tests 

show substantial gains in efficiency with 

longer break-in periods. 

Table 1 below shows testing data for a 3- 

ton air conditioning unit with a variable 

speed scroll compressor with oil injection 

tested after 20 hours of break-in. The unit 

was started at A2 conditions and 

instrumentation was verified before starting 

the A2 test with 20 hours of accumulated 

compressor run time. Completion of the A2 

test was followed by the B2, B1, Ev, and F1 

tests. 


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JCI then operated the test system for an 

additional 24 hours, for a total compressor 

run time of 44 hours, to determine if an 

increased break-in period improved 

performance. The results in Table 1 show the 

calculated SEER improved by 0.77 with this 

additional 24 hour period of break in. The 

most substantial gain was found in the EV, 

B1 and F1 tests. 

I. TABLE 1—3-TON AC SYSTEM TESTING, WITH 20 HOUR BREAK-IN AND 44 HOUR BREAK-IN

Calorimeter 20 hr break-in compressor Increased break-in run 24 hours 

Test ID 

capacity Watts EER CFM Static ID watts Test ID capacity Watts EER CFM Static ID watts 

A2 ............................ 35719 2597.1 13.75 1160 0.24 199.5 A2 ............................ 35751 2545.7 14.04 1159 0.23 190.3 

B2 ............................ 38054 2243.1 16.96 1162 0.24 198.4 B2 ............................ 37779 2213.8 17.07 1156 0.24 191.6 

Ev ............................ 19235 1074.4 17.90 708 0.16 71.6 Ev ............................ 19187 1032.3 18.59 707 0.15 67.5 

B1 ............................ 10287 544.6 18.89 428 0.26 55.4 B1 ............................ 10276 547.3 18.78 420 0.20 46.2 

F1 ............................ 11112 348.4 31.89 420 0.24 51.6 F1 ............................ 11156 324.8 34.34 428 0.22 49.3 

SEER 19.30 ............................ SEER 20.07 

JCI then operated the test system for two 

more 24-hour break-in periods and collected 

system performance data after each break-in 

period. A second system was also installed 

into a psychrometric test cell and tested after 

the same intervals of compressor run time. 

As shown in Table 2, the performance data 

from both samples shows improvement after 

the first two additional 24-hour break-in 

periods, tapering off in the third 24-hour 

break-in period. With an additional 48 hours 

of break-in, there is an average of 7.5% 

improvement in SEER across both tests. 

Sample 1 improved from a SEER of 19.30 to 

20.46 and sample 2 improved from a SEER 

of 18.97 to 20.70. This average gain of more 

than 1.0 SEER is significant in the current 

marketplace. 

II. TABLE 2—3-TON AC SYSTEM PERFORMANCE WITH INCREASING BREAK-IN PERIODS

Sample 1 Sample 2 

Test 20 hr 44 hr 68 hr 92 hr Test 20 hr 44 hr 68 hr 92 hr 

A2 ............................................. 13.75 14.04 13.98 14.03 A2 ............................................. 13.14 13.73 13.83 13.88 

B2 ............................................. 16.96 17.07 17.13 17.22 B2 ............................................. 16.21 16.91 16.91 17.08 

Ev ............................................. 17.90 18.59 19.04 20.16 Ev ............................................. 17.52 19.01 19.32 19.34 

B1 ............................................. 18.89 18.78 20.52 22.73 B1 ............................................. 17.75 22.10 21.45 21.58 

F1 ............................................. 31.89 34.34 34.86 36.06 F1 ............................................. 32.92 37.77 35.92 35.83 

SEER ........................................ 19.30 20.07 20.46 21.41 SEER ........................................ 18.97 20.59 20.70 20.73 

Additional unit sizes were tested using the 

same procedure as described above. As 

shown in Tables 3 and 4 below, results from 

those additional tests show the same 

pattern—increased efficiency with longer 

break-in periods beyond 20 hours. 

III. TABLE 3—4-TON AC SYSTEM PERFORMANCE WITH INCREASING BREAK-IN PERIODS

Sample 1 Sample 2 

Test 20 hr 44 hr 68 hr 92 hr Test 20 hr 44 hr 68 hr 92 hr 

A2 ............................................. 13.03 13.35 13.42 13.47 A2 ............................................. 13.31 13.60 13.26 13.52 

B2 ............................................. 15.93 16.21 16.43 16.45 B2 ............................................. 16.39 16.65 16.54 16.96 

Ev ............................................. 18.60 19.08 19.11 19.30 Ev ............................................. 19.55 18.91 19.32 19.81 

B1 ............................................. 19.96 21.04 21.50 21.28 B1 ............................................. 21.41 19.43 20.30 21.90 

F1 ............................................. 36.87 37.63 38.56 36.95 F1 ............................................. 35.50 37.16 36.06 38.52 

SEER ........................................ 20.07 20.54 20.67 20.67 SEER ........................................ 20.76 20.46 20.64 21.29 

TABLE 4—5-TON AC SYSTEM PERFORMANCE WITH INCREASING BREAK-IN PERIODS

Sample 1 Sample 2 

Test 20 hr 44 hr 68 hr 92 hr Test 20 hr 44 hr 68 hr 92 hr 

A2 ............................................. 13.12 13.18 13.20 13.27 A2 ............................................. 13.03 13.24 13.23 13.23 

B2 ............................................. 16.05 16.08 16.18 16.30 B2 ............................................. 15.81 16.04 15.90 16.24 

Ev ............................................. 19.23 19.51 19.68 19.65 Ev ............................................. 19.07 19.48 19.49 19.95 

B1 ............................................. 22.15 23.20 23.80 24.02 B1 ............................................. 22.19 23.12 23.05 23.96 

F1 ............................................. 36.94 38.00 38.28 37.45 F1 ............................................. 35.55 37.50 37.96 38.93 

SEER ........................................ 20.67 21.05 21.22 21.18 SEER ........................................ 20.45 20.98 21.02 21.52 

In evaluating this test data, JCI determined 

that the increase in system efficiency and 

reduced test variability that occurs with the 

lengthier break-in periods was principally 

due to a reduction in required compressor 

power during the test. Figures 5 and 6 show 

the decrease in compressor watts compared 

to the 20-hour baseline compressor for 3-ton 

and 5-ton AC systems. For both systems, 

results show a consistent reduction in watts 

consumed as the break-in time of the 

compressor is increased. This is most 

significant at the Ev, B1 and F1 test 

conditions. 


sradovich on DSKBBY8HB2PROD with NOTICES
Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices 43957 

10 10 CFR 430.27(e)(2). 

IV. Figure 5: Decrease in Compressor Watts 

(3 Ton AC) With 3 Additional 24-Hour 

Break-In Periods, Relative to 20-Hour BreakIn Baseline 

See the following Web site for figure 5: 

https://www.regulations.gov/docket?D=EERE2017-BT-WAV-0037. 

Figure 6: Decrease in Compressor Watts (5 

Ton AC) With 3 Additional 24-Hour BreakIn Periods, Relative to 20-Hour Break-In 

Baseline 

See the following Web site for figure 6: 

https://www.regulations.gov/docket?D=EERE2017-BT-WAV-0037. 

These test results show that a VSS system 

is not fully broken in at 20 hours, and that 

rating such a system with only 20-hour 

break-in period can understate a system’s 

SEER rating performance by 1 to 2 SEER (or 

approximately 5% to 10%). Because the 20 

Hour Break-In Limit does not allow sufficient 

time for full break-in of VSS systems, the 

efficiency rating of a VSS system measured 

under Appendix M falls below the actual 

efficiency level at which the system will 

operate for the great majority of its time in 

service. JCI is thus unable to represent, on the 

basis of Appendix M testing, the full 

efficiency at which its VSS systems will 

operate. To achieve a particular efficiency 

rating under the Appendix M test method, 

JCI is forced to overdesign its VSS systems 

to meet an even higher target efficiency rating 

after full break-in. In short, the 20 Hour 

Break-In Limit in Appendix M results in the 

underrating of JCI’s VCC systems, and thus 

produces materially inaccurate data about the 

efficiency of VSS systems for comparison 

purposes, leaving homeowners without the 

information needed to objectively evaluate 

the benefits of such systems. 

This underrating under Appendix M for 

JCI’s VSS systems has significant 

consequences in the marketplace. Because of 

underrating due to the 20 Hour Break-In 

Limit, the full efficiency advantage of JCI’s 

VSS systems will not be apparent versus 

lower-efficiency full stage compressor 

products, for which the 20 Hour Break-In 

Limit does not bias results. Consumers for 

whom central air conditioner measured 

efficiency is an important factor will be 

misled about the merits of VSS systems on 

the basis of measured efficiency under 

Appendix M. Although the JCI models at 

issue are very efficient, and perform well 

above the applicable minimum efficiency 

standards, accurate ratings for high efficiency 

products such as these are important for 

purposes of, for instance, determining 

eligibility for Energy Star, utility rebates, tax 

credits, and green building recognition. 

I. Alternative Test Procedures 

DOE’s Appendix M test procedure, as 

currently promulgated but with the option of 

an extended, 72-hour break-in period, 

constitutes the appropriate alternate test 

procedure that will evaluate the performance 

of JCI’s VSS systems in a manner 

representative of its energy characteristics. 

Therefore, JCI proposes to test the basic 

models for which it seeks waiver by applying 

the entirety of Appendix M to 10 CFR part 

430, subpart B, with a single modification to 

Section 3.1.7, as shown below: 

3.1.7 Test Sequence 

Manufacturers may optionally operate the 

equipment under test for a ‘‘break-in’’ period, 

not to exceed 2072 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 

A2 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 fullload air volume rate. For ducted heating-only 

heat pumps, conduct the H1 or H12 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 EV Test, and the first test 

using the heating minimum air volume rate 

must precede the H2V Test. The test 

laboratory makes all other decisions on the 

test sequence. 

Thus, the only change would be to modify 

the maximum length of the optional break-in 

period for JCI’s VSS systems. As required by 

Appendix M, JCI would report the break-in 

period used in its product compliance 

certifications. 

II. Similar Products 

JCI is aware of the following manufacturers 

of residential central air conditioners and 

heat pumps that offer VSS systems using 

scroll compressors with oil injection: Carrier 

Corporation, Daikin Industries, Goodman 

Manufacturing Co. LP, Lennox International 

Inc., Nortek Global HVAC, Rheem Sales 

Company, and Trane. 

III. Petition for Interim Waiver 

Pursuant to 10 CFR 430.27, JCI also 

requests an interim waiver of the 20 Hour 

Break-In Limit for the JCI VSS systems. 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 on the petition for waiver.10

Interim relief is important to ensure that JCI 

can make materially accurate representations 

about the energy efficiency of its VSS 

systems in its certifications to DOE and 

marketing materials while DOE is 

considering the merits of JCI’s petition for 

waiver. 

Likely Success of the Petition for Waiver. 

For the reasons outlined above, JCI believes 

that there are strong arguments for granting 

the petition for waiver on the merits. 

Specifically, JCI testing of its VSS systems 

shows that a 72-hour break-in period 

produces test results that are more 

representative of the actual product 

efficiencies at which the VSS systems will 

operate over the lifetime of the product than 

those results obtained under the current 20 

hour break-in period limit. 

Competitive Disadvantage. If JCI must 

continue to comply with the 20 Hour BreakIn Limit for its VSS systems, these systems 

will be disadvantaged in the market relative 

to other types central air conditioners and 

heat pumps for which a break-in period of 20 

hours or less products results representative 

of actual operating efficiency. As shown 

above, the impact of the 20 Hour Break-In 

Limit on ratings is significant—it can reduce 

ratings by 1 to 2 SEER. The effects of such 

depressed ratings in the market can be 

significant. 

Public Policy Reasons to Grant Interim 

Waiver. Without an interim waiver, 

consumers will continue to be exposed to 

materially inaccurate information about the 

energy consumption characteristics of JCI’s 

VSS systems. This inaccurate information 

harms consumers (especially those seeking to 

evaluate very high efficiency CAC/HP 

products) and distorts markets. Further, 

underrating high efficiency products is 

inconsistent with the policy objectives of 

EPCA. 

For all of these reasons, the Department 

should grant an interim waiver while it 

considers the petition for waiver set out 

above. 

IV. Conclusion 

For the reasons stated above, JCI 

respectfully requests that DOE grant this 

petition for waiver of the 20 Hour Break-In 

Limit with respect to its VSS systems. JCI 

further requests DOE to grant its request for 

an interim waiver while its petition for 

waiver is under consideration. 

If you have any questions or would like to 

discuss this request, please contact me at 

(316) 832–6393, Chris Ware at (414) 524– 

5443, or Doug Smith of Van Ness Feldman, 

LLP at (202) 298–1902. We greatly appreciate 

your attention to this matter. 

Sincerely, 

Steve Tice, 

UPG Vice-President, Engineering Unitary 

Products, Johnson Controls, Inc. 

steven.a.tice@jci.com. 

Cc: Johanna Jochum, Office of the General 

Counsel 

[FR Doc. 2017–20032 Filed 9–19–17; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings 

Take notice that the Commission has 

received the following Natural Gas 

Pipeline Rate and Refund Report filings: 

Filings Instituting Proceedings 

Docket Numbers: RP17–1029–001. 

Applicants: Iroquois Gas 

Transmission System, L.P. 

Description: Tariff Amendment: 

09/12/17 Negotiated Rates—Hartree 


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