Energy Efficiency Program for Certain Commercial and Industrial Equipment: Test Procedures and Efficiency Standards for Commercial Air Conditioners and Heat Pumps

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: August 9, 2000 (Volume 65, Number 154)]
[Proposed Rules]
[Page 48827-48838]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au00-30]

[[Page 48827]]

-----------------------------------------------------------------------

Part II

Department of Energy

-----------------------------------------------------------------------

Office of Energy Efficiency and Renewable Energy

-----------------------------------------------------------------------

10 CFR Part 431

Energy Efficiency Program for Certain Commercial and Industrial
Equipment: Test Procedures and Efficiency Standards for Commercial Air
Conditioners and Heat Pumps, Commercial Packaged Boilers, Commercial
Water Heaters, Hot Water Supply Boilers and Unfired Hot Water Storage
Tanks; Proposed Rules

[[Page 48828]]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 431

[Docket No. EE-RM/TP-99-460]
RIN 1904-AA97

Energy Efficiency Program for Certain Commercial and Industrial
Equipment: Test Procedures and Efficiency Standards for Commercial Air
Conditioners and Heat Pumps

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

ACTION: Proposed rule and public hearing.

-----------------------------------------------------------------------

SUMMARY: The Energy Policy and Conservation Act, as amended (EPCA),
establishes energy efficiency standards and test procedures for certain
commercial products, including commercial air conditioners and heat
pumps. In today's proposed rule, the Department of Energy (we, DOE, or
the Department) proposes regulations to implement the standards and
test procedures for these air conditioners and heat pumps.

DATES: The Department will accept comments, data, and information
regarding the proposed rule until October 23, 2000. Please submit ten
(10) copies. In addition, we request that you provide an electronic
copy (3\1/2\" diskette) of the comments in WordPerfect ^TM 8.
We will hold a public hearing (workshop) on September 21, 2000, in
Washington, DC. Please send requests to speak at the workshop so that
we receive them by 4 p.m., September 7, 2000. Send ten (10) copies of
your statements for the public workshop so that we receive them by 4:00
p.m., September 14, 2000. We also request a computer diskette
(WordPerfect ^TM 8) of each statement.

ADDRESSES: Please submit written comments, oral statements, and
requests to speak at the workshop to Brenda Edwards-Jones, U.S.
Department of Energy, Office of Energy Efficiency and Renewable Energy,
EE-41, Docket No. EE-RM/TP-99-460, 1000 Independence Avenue, SW.,
Washington, DC 20585. You may send email to: brenda.edwards-
jones@ee.doe.gov. The workshop will begin at 9 a.m., on September 21,
2000, in Room 1E-245 at the U.S. Department of Energy, Forrestal
Building, 1000 Independence Avenue, SW, Washington, DC. You can find
more information concerning public participation in this rulemaking
proceeding in section IV, ``Public Comment,'' of this notice.
You can read the transcript of the public workshop and public
comments received in the Freedom of Information Reading Room (Room No.
1E-190) at the U.S. Department of Energy, Forrestal Building, 1000
Independence Avenue, SW., Washington, DC 20585, between the hours of
9:00 a.m. and 4:00 p.m., Monday through Friday, except Federal
holidays.
You can obtain the latest information regarding the public workshop
from the Office of Building Research and Standards world wide web site
at the following address: http://www.eren.doe.gov/buildings/
codes__standards/index.htm.

FOR FURTHER INFORMATION CONTACT: Cyrus H. Nasseri, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Mail Station,
EE-41, 1000 Independence Avenue, SW., Washington, D.C. 20585, (202)
586-9138, FAX (202) 586-4617, e-mail: Cyrus.Nasseri@ee.doe.gov, or
Edward Levy, Esq, U.S. Department of Energy, Office of General Counsel,
Mail Station, GC-72, 1000 Independence Avenue, SW., Washington, D.C.
20585, (202) 586-9507, e-mail: Edward.Levy@hq.doe.gov.

SUPPLEMENTARY INFORMATION: The proposed rule incorporates, by
reference, four test procedures contained in industry standards
referenced by the American Society of Heating, Refrigerating, and Air-
Conditioning Engineers, Inc. (ASHRAE) Standard 90.1 for commercial air
conditioners and heat pumps. Three of these industry standards were
published by the Air-Conditioning and Refrigeration Institute (ARI) and
the fourth was jointly published by the ARI and the Canadian Standards
Association (CSA). These four standards are as follows:
Standard 210/240-94, ``Unitary Air-Conditioning and Air-
Source Heat Pump Equipment'',
Standard 340/360-93, ``Commercial and Industrial Unitary
Air-Conditioning and Heat Pump Equipment'',
Standard 320-98, ``Water-Source Heat Pumps'', and
Standard 310/380-93 (which also has a CSA designation CSA-
C744-93), ``Standard for Package Terminal Air-Conditioners and Heat
Pumps.''
You can view copies of these standards at the Department of
Energy's Freedom of Information Reading Room at the address stated
above. You can also obtain copies of the ASHRAE and ARI Standards from
the American Society of Heating, Refrigerating, and Air-Conditioning
Engineers, Inc., 1971 Tullie Circle, NE, Atlanta, GA 30329, http://
www.ashrae.org; and the Air-Conditioning and Refrigeration Institute,
4301 North Fairfax Drive, Suite 425, Arlington, VA 22203, http://
www.ari.org, respectively.

I. Introduction

A. Authority
B. Background
1. General
2. Issues Concerning Commercial Air Conditioners and Heat Pumps
C. The Proposed Rule

II. Discussion

A. General
B. Commercial Air Conditioner and Heat Pump Definition and Scope of
Coverage
1. Coverage of Heating-Only Heat Pumps
2. Coverage of Computer Room Air Conditioners
a. Background
b. Legislative history and position of ASHRAE Standard Project
Committee 90.1
c. Functional differences between comfort cooling air
conditioners and computer room air conditioners
d. ASHRAE Standard 127-88
e. October 1998 Workshop Discussion
f. Conclusion
3. Coverage of Equipment with a Variable-Speed Drive
C. Commercial Air Conditioner and Heat Pump Test Procedures for the
Measurement of Energy Efficiency
1. Test Procedures the Department Intends to Adopt
2. Minimum External Static Pressure
3. Test Procedure for Water-Source Heat Pumps

III. Procedural Requirements

A. Review Under the National Environmental Policy Act of 1969
B. Review Under Executive Order 12866, ``Regulatory Planning and
Review''
C. Review Under the Regulatory Flexibility Act
D. Review Under Executive Order 13132, ``Federalism''
E. Review Under Executive Order 12630, ``Governmental Actions and
Interference with Constitutionally Protected Property Rights''
F. Review Under the Paperwork Reduction Act
G. Review Under Executive Order 12988, ``Civil Justice Reform''
H. Review Under Section 32 of the Federal Energy Administration Act
of 1974
I. Review Under Unfunded Mandates Reform Act of 1995
J. Review Under the Plain Language Directives
K. Review Under the Treasury and General Government Appropriations
Act, 1999

IV. Public Comment

A. Written Comment Procedures
B. Public Workshop
1. Procedures for submitting requests to speak

[[Page 48829]]

2. Conduct of workshop
C. Issues on which Comments are Requested

I. Introduction

A. Authority

Part B of Title III of the Energy Policy and Conservation Act
(EPCA) of 1975, Pub. L. 94-163, as amended, by the National Energy
Conservation Policy Act of 1978 (NECPA), Pub. L. 95-619, the National
Appliance Energy Conservation Act of 1987 (NAECA), Pub. L. 100-12, the
National Appliance Energy Conservation Amendments of 1988 (NAECA 1988),
Pub. L. 100-357, and the Energy Policy Act of 1992 (EPACT), Pub. L.
102-486, established the ``Energy Conservation Program for Consumer
Products other than Automobiles.'' Part 3 of Title IV of NECPA amended
EPCA to add ``Energy Efficiency of Industrial Equipment,'' which
included air conditioning equipment and other types of commercial
products.
EPACT also amended EPCA with respect to commercial products. It
provided definitions, test procedures, labeling provisions, energy
conservation standards, and authority to require information and
reports from manufacturers. See 42 U.S.C. 6311-6316. EPCA authorizes
the Secretary of Energy to prescribe test procedures that are
reasonably designed to produce results which reflect energy efficiency,
energy use and estimated operating costs, and that are not unduly
burdensome to conduct. 42 U.S.C. 6314.
With respect to some commercial products for which EPCA prescribes
energy conservation standards, including commercial air conditioners
and heat pumps, ``the test procedures shall be those generally accepted
industry testing procedures or rating procedures developed or
recognized by the American Society of Heating, Refrigerating and Air
Conditioning Engineers, as referenced in ASHRAE/IES Standard 90.1 and
in effect on June 30, 1992.'' 42 U.S.C. 6314(a)(4)(A). Further, if such
an industry testing or rating procedure gets amended, DOE must revise
its test procedure to be consistent with the amendment, unless the
Secretary determines, based on clear and convincing evidence, that to
do so would not meet certain general requirements spelled out in the
statute for test procedures. 42 U.S.C. 6314(a)(4)(B). Before
prescribing any test procedures for commercial products, the Secretary
must publish them in the Federal Register and afford interested persons
at least 45 days to present data, views and arguments. 42 U.S.C.
6314(b). Effective 360 days after a test procedure rule applicable to a
covered commercial product, such as a commercial air conditioner and
heat pump, is prescribed, no manufacturer, distributor, retailer or
private labeler may make any representation in writing or in broadcast
advertisement respecting the energy consumption or cost of energy
consumed by such product, unless it has been tested in accordance with
the prescribed procedure and such representation fairly discloses the
results of the testing. 42 U.S.C. 6314(d). Finally, EPACT extends
certain powers, originally granted to the Secretary under NAECA, to
require manufacturers of products covered by this proposed rule to
submit information and reports for a variety of purposes, including
insuring compliance with requirements. See 42 U.S.C. 6316(a).

B. Background

1. General
The Department of Energy has an energy conservation program for
consumer products, and a few commercial products, conducted under Part
B of Title III of EPCA, 42 U.S.C. 6291-6309. Under EPCA, this program
essentially consists of four parts: Test procedures, Federal energy
conservation standards, labeling, and certification and enforcement
procedures. The Federal Trade Commission (FTC) is responsible for
labeling, and we implement the remainder of the program as codified in
Title 10 of the Code of Federal Regulations, Part 430--Energy
Conservation Program for Consumer Products.
Since 10 CFR Part 430 covers primarily consumer products, which
differ from commercial and industrial products, we created a new Part
431 (10 CFR Part 431) in the Code of Federal Regulations, entitled
``Energy Conservation Program for Commercial and Industrial
Equipment,'' to implement DOE's program for most commercial and
industrial products covered under EPCA. These will include commercial
heating, air conditioning and water heating products. This new program
will consist of: Test procedures, Federal energy conservation
standards, labeling, and certification and enforcement procedures. EPCA
directs DOE, rather than the FTC, to administer the statute's
efficiency labeling provisions for these commercial products.
On April 14 and 15, 1998, we convened a public workshop to solicit
views and information from interested parties that would aid in the
development of rules for commercial heating, air conditioning and water
heating products. We requested comment on a number of specific issues,
including issues related to test procedures for commercial products, as
well as the most cost effective and reliable regimes for sampling,
certification and enforcement. Statements during the public workshop
and written comments that were received afterwards helped refine the
issues involved in this rulemaking and provided useful information
contributing to their resolution. We convened a second public workshop
on October 18, 1998, to obtain comments on the issues as they had been
refined, and on approaches presented by the National Institute of
Standards and Technology (NIST) for resolving them.
2. Issues Concerning Commercial Air Conditioners and Heat Pumps
During the April 1998 workshop, we sought comments on the following
issue regarding test procedures for commercial air conditioners and
heat pumps:
(1) Does the current test procedure for commercial air conditioners
and heat pumps adequately specify the external static pressures?
Attendees at the April 1998 workshop provided comments and input on
this issue. Section II, Discussion, will cover it in more detail. The
workshop participants also raised the following additional major issues
(which are numbered continuously with the first issue):
(2) Are heating-only heat pumps covered products?
(3) Are computer room air conditioners covered products?
(4) What should be the test procedures for water-source heat pumps?
After the April 1998 workshop, we worked towards addressing the
identified issues for commercial air conditioners and heat pumps. A set
of recommendations resulted from that work, and NIST developed a
summary report of the recommendations. The summary report formed the
basis for discussions during the October 1998 workshop, which enabled
us to elicit further views and information from interested parties. The
summary report included draft rule language for commercial air
conditioners and heat pumps. We received additional comments at the
second workshop. The following additional issue, raised in a letter to
the Department after the October 1998 workshop, is also numbered
continuously with the prior issues:

[[Page 48830]]

(5) What should be the test procedures for equipment with variable-
speed drives?

C. The Proposed Rule

Today's proposed rule incorporates (1) energy efficiency test
procedures for commercial air conditioners and heat pumps, (2)
definitions that clarify EPCA's coverage of these products, and (3)
energy conservation standards prescribed by EPCA. In preparing these
proposals, we have considered both oral and written comments, and have
incorporated recommendations where appropriate. Section II contains the
reasons for incorporating or not incorporating any significant
recommendations.

II. Discussion

A. General

This section discusses the issues identified for commercial air
conditioners and heat pumps. Subsection II-B addresses ``Commercial Air
Conditioner and Heat Pump Definitions and Scope of Coverage,'' and
subsection II-C addresses ``Commercial Air Conditioner and Heat Pump
Test Procedures for the Measurement of Energy Efficiency.''

B. Commercial Air Conditioner and Heat Pump Definitions and Scope of
Coverage

1. Coverage of Heating-Only Heat Pumps
During the April 1998 workshop the California Energy Commission
(CEC) asked the Department to clarify whether heating-only heat pumps
were covered by EPCA. During the October 1998 workshop, NIST
recommended that we should not include heating-only heat pumps among
the covered equipment. All workshop attendees who spoke on this issue
supported this opinion.
All of the definitions in EPCA indicate that commercial air
conditioners and heat pumps covered by EPCA must have a cooling
function. Large and small ``package air-conditioning and heating
equipment'' are limited to ``unitary central air conditioners and
central air-conditioning heat pumps,'' and EPCA categorizes all of them
by cooling capacity. (42 U.S.C. 6311(8)-(9)). Also, EPCA defines
``package terminal heat pump'' as a package terminal air conditioner
that utilizes a reverse cycle as the prime method of providing heat.
(42 U.S.C. 6311(10)). Furthermore, the equation for the minimum
coefficient of performance for the package terminal heat pump involves
the energy efficiency ratio for cooling. (42 U.S.C. 6313(a)(3)(B)).
We further believe that to construe EPCA as excluding heating-only
heat pumps from coverage would have no significant impact on national
energy consumption. According to information provided by
representatives of major Heating, Ventilating and Air Conditioning
(HVAC) manufacturers and ARI during the April 1998 and October 1998
workshops, although a small number of heating-only heat pumps, mostly
hydronic systems, are marketed in Europe, none are now available, or
expected to be available any time soon in the United States.
Accordingly, today's proposed rule excludes heating-only heat
pumps.
2. Coverage of Computer Room Air Conditioners
a. Background: At the April 1998 workshop, the CEC asked for
clarification of whether computer room air conditioners are covered
equipment under EPCA, or whether they are exempt from efficiency
standards.
In subsequent written comments, CEC contends that EPCA indeed
covers computer room air conditioners. CEC maintains that nothing in
the EPACT language suggests that equipment currently marketed as
computer room air-conditioning equipment can be excluded from the scope
of the statute. CEC also maintains that we can not exclude this
equipment on the basis of either terminology used by those who market
it or the primary market into which the equipment is sold.
CEC has administered a certification program for all air-
conditioners, including computer room air conditioners, since 1977. For
nearly a decade after the program started, manufacturers certified
computer room air conditioners to CEC using the same test method as
used for conventional central air-conditioning equipment. Manufacturers
had to test this product on the basis of ARI Standard 210/240, which is
referenced by ASHRAE Standard 90.1. Subsequently, CEC allowed
manufacturers to certify it on the basis of ANSI/ASHRAE Standard 127,
``Method of Testing for Rating Computer and Data Processing Room
Unitary Air-Conditioners.'' CEC tested a few computer room air
conditioners according to both these standards and stipulated the
minimum EER levels that would need to be met if equipment is tested
using ASHRAE Standard 127-88. CEC selected the minimum EER levels for
ASHRAE Standard 127-88 testing, such that they represent equivalent
energy efficiency to the efficiency levels required under the ARI
standard. In April 1998, CEC had 637 certified computer room air
conditioners on file.
b. Legislative history and position of ASHRAE Standard Project
Committee 90.1: The Report that accompanied the House of
Representatives version of EPACT (House Report) states that the law
``amends the existing law [EPCA] to set minimum energy efficiency
standards for electric air-conditioning, electric heating, and gas
heating equipment * * * intended for use in commercial buildings.''
H.R. Rep. No. 474, 102d Cong. 2d Sess., pt. 1, at 175 (1992). Thus, it
appears that the statute is not concerned, for example, with energy
used in industrial processes.
The House Report also points out that the efficiency standards
specified in the bill ``were developed by * * * [ASHRAE] in ASHRAE
Standard 90.1.'' This indicates that the efficiency standards in EPACT
for commercial products have the same scope as the standards in ASHRAE
90.1. ASHRAE Standard 90.1-1989 neither discussed computer room air
conditioners nor referred to ASHRAE Standard 127-88. However, the
ASHRAE Standard 90.1 committee has discussed the coverage of computer
room air conditioners during past meetings, including a September 1998
interim meeting. The committee decided that Standard 90.1 does not
cover computer room air conditioners since the primary function of
computer room air conditioners is to provide cooling for equipment
(i.e., computers) rather than for human comfort. This determination is
consistent with the Title, Purpose, and Scope of the Standard, which
was revised in 1997 to state that the Standard does not apply to
``equipment and portions of building systems that use energy primarily
to provide for industrial, manufacturing or commercial processes.''
In sum, the House Report, the direct reliance of the EPACT
legislation on ASHRAE Standard 90.1, the scope of the Standard, and the
position of the Standard 90.1 committee regarding computer room air
conditioners, all support the conclusion that computer room air
conditioners are not covered by EPACT.
c. Functional differences between comfort cooling air conditioners
and computer room air conditioners: While the basic design and many of
the vital components of computer room air conditioners are the same as
those of conventional air conditioners, there are certain important
feature differences. The most common temperature setting for computer
room air conditioners is 72 deg.F and the most common relative humidity
setting is 50%. In addition to producing the desired cooling effect,

[[Page 48831]]

computer room air conditioners may humidify or dehumidify the air and
then, if necessary, reheat it. Computer room air conditioners achieve
dehumidification by cooling the air even under conditions when the
temperature alone does not warrant it. This may push the space
temperature below the set point, and thus may require correction by
reheating the air. The coils are usually larger, and so is the air flow
rate, typically 425-500 cfm/ton as compared to 400 cfm/ton for
conventional air conditioners. These features differentiating computer
room air conditioners from conventional air conditioners are also
reflected in ASHRAE Standard 127-88, discussed below, which was
developed for testing computer room air conditioners.
d. ASHRAE Standard 127-88: ASHRAE developed ASHRAE Standard 127-88,
``Method of Testing for Rating Computer and Data Processing Room
Unitary Air-Conditioners.'' The American National Standard Institute
(ANSI) approved ASHRAE Standard 127-88, which indicates recognition of
the national consensus reached during development of the Standard.
ASHRAE Standard 127-88 is not referenced by ASHRAE Standard 90.1.
Several differences exist between ASHRAE Standard 127-88 and the ARI
test procedure standards for commercial air-conditioning and heating
equipment that are referenced by ASHRAE Standard 90.1. The following,
for example, is a list of differences between ASHRAE Standard 127-88
and ARI Standard 210/240-1994:
i. ASHRAE Standard 127-88 specifies standard rating conditions for
the cooling system, the reheating system, and the humidification
system. ARI Standard 210/240 does not specify conditions for reheating
and humidification rating. Therefore, the ARI standard can not
accommodate testing for all the functions that computer room air
conditioners may provide.
ii. ASHRAE Standard 127-88 specifies an indoor air temperature of
72 deg.F dry bulb and a wet bulb temperature of 60 deg.F . ARI Standard
210/240-94 specifies an 80 deg.F dry bulb temperature and a wet bulb
temperature of 67 deg.F. Since the typical operating indoor temperature
for computer room air conditioners is set at 72 deg.F, mandating the
ARI test method with 80 deg.F indoor air temperature would most likely
result in computer room air conditioners being optimized at the
80 deg.F indoor temperature. A system optimized at 80 deg.F will not
perform optimally at the 72 deg.F indoor temperature, leading to wasted
energy if computer room air conditioners are tested under ARI Standard
210/240.
iii. ASHRAE Standard 127-88 does not impose restrictions on the
indoor-side air quantity. ARI Standard 210/240 limits the indoor-side
air quantity to 37.5 scfm per 1000 Btu/h. The limit on the indoor-side
air quantity limits to some degree the sensible heat ratio (the ratio
of the sensible capacity to the total capacity), minimizes the
possibility of condensate carry over from the evaporator coil, and
prevents noise generation in the duct system. It appears that the
sensible heat ratio, condensate carry over, and duct noise issues are
not as significant for computer room air conditioners as for
conventional air conditioners.
iv. ASHRAE Standard 127-88 prescribes two different levels of
external resistance for the total delivered air for systems that are
intended for use with field-installed ducts. These two levels are 0.3
in. of water external pressure for air conditioners with standard
cooling capacity less than 60,000 Btu/h, and 0.5 in. of water for
systems with capacities equal to and above 60,000 Btu/h. ARI Standard
210/240-94 prescribes five different values of the minimum external
pressure, one for each of five specified cooling capacities up to
135,000 Btu/h (ARI Standard 210/240-94, Table 6). Consequently,
different external static pressures are used during tests in the two
methods. For example, for a cooling capacity of 70,000 Btu/h, the ARI
standard prescribes a minimum external resistance of 0.2[0] in. of
water, while the ASHRAE standard stipulates 0.5 in. of water. It
appears that computer room air conditioners may experience a higher
external static pressure in a typical installation than conventional
air conditioners, and that the ASHRAE standard reflects this
difference.
Similar differences also exist between ASHRAE Standard 127-88 and
ARI standards 340/360 and 320-93. The last three differences lead to
different energy efficiency ratios (EER) when using ASHRAE Standard
127-88 and the ARI standards. The difference in the specified indoor
dry bulb temperature (72 deg.F vs. 80 deg.F) has the dominating effect,
which results in EERs from the ASHRAE Standard 127-88 test having lower
values than those obtained from tests according to the ARI test
procedures.
Because of being referenced in ASHRAE Standard 90.1, the foregoing
ARI standards are the EPCA test procedures for testing commercial air-
conditioning equipment. But as just discussed, these standards are not
best suited for testing and rating computer room air conditioners. On
the other hand, the consensus standard for performing such testing and
rating, ASHRAE Standard 127-88, is not referenced in Standard 90.1 and,
therefore, is not prescribed by EPCA. The omission from EPCA of a test
procedure for computer room air conditioners provides further support
for the conclusion that this product is not covered by the statute.
e. October 1998 Workshop Discussion: The workshop participants also
discussed the coverage of computer room air conditioners. Except for
the CEC, all the participants took the position that computer room air
conditioners is not a covered product under EPCA.
f. Conclusion: Based on the above considerations, our view is that
computer room air conditioners are not currently covered by EPCA within
the definition of commercial package air-conditioning and heating
equipment (section 343(8)-(9) of EPCA, 42 U.S.C. 6311(8)-(9)). If some
of the above circumstances were to change, however--if, for example,
ASHRAE Standard 90.1 were to incorporate efficiency standards and test
procedures for this product or the product was to become widely used
for conventional air conditioning applications--the Department might
re-visit this issue.
3. Coverage of Equipment with a Variable-Speed Drive
We received a written comment after the October 1998 workshop from
Laclede Gas Company, which requested that a minimum energy efficiency
standard be formulated for variable speed cooling equipment. The
comment contended that the significant market penetration of this type
of equipment mandates minimum energy efficiency standards. We believe
the intent of the comment is to request establishment of efficiency
standards and performance descriptors that would address part load
performance of commercial equipment.
Sections 342(a)(1), (2), and (3) of EPCA set forth efficiency
standards and performance descriptors for cooling equipment. U.S.C.
6313(a)(1), (2), and (3). Pursuant to these sections, only small
commercial, air-cooled package air-conditioning equipment having
cooling capacity less than 65 ,000 Btu/h have to meet a prescribed
minimum Seasonal Energy Efficiency Ratio (SEER) which accounts for part
load performance. For those systems that also have a heating function
(i.e., heat pumps), a minimum Heating Seasonal Performance Factor
(HSPF) is prescribed. For all other equipment, EPCA only mandates
efficiency

[[Page 48832]]

descriptors that involve a steady-state operation and does not refer to
any descriptors based on part load performance.
With regard to efficiency standards, the purpose of this proposed
rule is to incorporate the requirements currently imposed by EPCA.
Today's proposal, therefore, incorporates standards for part load
performance only in these instances where EPCA prescribes such
standards. To the extent that EPCA does not prescribe efficiency
standards for the part load performance of a product, it is beyond the
scope of this rulemaking to do so.

C. Commercial Air Conditioner and Heat Pump Test Procedures for the
Measurement of Energy Efficiency

EPCA requires that the testing procedures for measuring the
efficiency of commercial air conditioners and heat pumps must be those
generally accepted industry testing procedures or rating procedures
that were developed or are recognized by the American Society of
Heating, Refrigerating and Air Conditioning Engineers, Inc., as
referenced in ASHRAE/IES Standard 90.1 and that were in effect on June
30, 1992. Also, if such an industry test procedure or rating procedure
for commercial air conditioner or heat pump is amended, the Secretary
must adopt such revisions unless the Secretary determines that to do so
would not produce test results which reflect energy efficiency, energy
use, and estimated operating costs, or that the procedures would be
unduly burdensome to conduct.
1. Test Procedures the Department Intends to Adopt
ASHRAE Standard 90.1-1989 was in effect on June 30, 1992, and
referenced four industry test standards that apply to commercial air
conditioners and heat pumps. Three of these industry standards were
published by the Air-Conditioning and Refrigeration Institute (ARI) and
the fourth was jointly published by the ARI and the Canadian Standards
Association (CSA). The current versions of the four standards are as
follows:
ARI Standard 210/240-94, ``Unitary Air-Conditioning and
Air-Source Heat Pump Equipment;''
ARI Standard 340/360-93, ``Commercial and Industrial
Unitary Air-Conditioning and Heat Pump Equipment;''
ARI Standard 320-98, ``Water-Source Heat Pumps;'' and
ARI Standard 310/380-93 (which also has a CSA designation
CSA-C744-93), ``Standard for Package Terminal Air-Conditioners and Heat
Pumps.''
These current versions of the four standards require the same test
methods and calculation procedures as do the versions that were
referenced by ASHRAE Standard 90.1-1989. These new versions of the ARI
standards have better availability than the older standards and are
referenced for convenience of the parties affected by the rule.
Today's proposed rule reflects our intent to adopt the amended ARI
standards, in accordance with section 343(a)(4)(B) of EPCA, 42 U.S.C.
6314(a)(4)(B). The Department does not intend to determine that any of
these amendments to the ARI standards contains a test procedure that is
either unduly burdensome to conduct or not reasonably designed to
reflect the energy efficiency of commercial air conditioners and heat
pumps.
2. Minimum External Static Pressure
ARI Standard 210/240-94, ARI Standard 340/360-93 and ARI Standard
320-93 specify the minimum external static pressures to test commercial
air-conditioning and heating equipment with indoor fans and field-
installed ducts. The standards prescribe the minimum pressures in a
table which lists the levels of external resistance by system capacity
(appearing in Table 6 in ARI Standard 210/240-94, Table 2B in ARI
Standard 340/360, and Table 2 in ARI Standard 320-93.) The standards
prescribe larger values of minimum external resistance for larger-
capacity systems based on the assumption that larger systems would be
connected to longer duct systems with more bends and obstructions.
Before the April 1998 workshop, we had the concern that external
pressures specified by the ARI standards would be lower than values
that one generally encounters in commercial buildings. This could lead
to a potentially overstated efficiency rating. Consequently, we raised
this issue for discussion at the April 1998 workshop.
None of the participants at the April 1998 workshop shared our
concern regarding the minimum external static pressure specified in the
ARI standards, and several participants spoke in support of not
changing the current test requirements. They observed that: (1) Actual
static pressure varied among building sites, so any single
specification could not be fully representative; (2) the present test
procedures--ARI Standard 210/240-94, ARI Standard 340/360-93 and ARI
Standard 320-98--provide consistency for purposes of comparing
equipment; (3) the differences in static pressure would primarily
affect the energy consumption of the indoor air circulating fan, which
represents a very small fraction of the total energy consumed by the
unit, so the effect of changing the pressure specification on the
energy efficiency would be minimal; and (4) because an increase in the
pressure specification, above the levels in the ARI test procedures,
would likely result in some reduction in rated efficiencies, if the DOE
test procedures were to contain such an increase manufacturers would
have to re-test and re-rate their products, and incur testing and
marketing costs as a consequence.
Section 343(a) of EPCA, 42 U.S.C. 6314(a), provides in essence that
the test procedures under EPCA for measuring the efficiency of
commercial air conditioners and heat pumps shall be industry test
procedures developed or recognized by ARI or ASHRAE, and that DOE has
limited authority to adopt other test procedures for these products.
Indeed, it can be argued that because the external static pressures in
the ARI standards have not changed since June 1992, DOE has virtually
no power to change them. See EPCA Section 343 (a)(4)(B)-(C), 42 U.S.C.
6314(a)(4)(B)-(C).
In view of the above, we have decided not to propose any changes in
the minimum static pressures. We believe that if we were developing
from scratch a test procedure for commercial air-conditioning and
heating equipment, inclusion of static pressures higher than those in
the existing test procedures might well be warranted. But the reasons
for retaining the pressure specifications in the existing test
procedures have considerable merit, and to some extent offset any
benefits of making a change at this point. Our limited authority to
alter the existing test procedures provides a further reason not to
make such a change at this point.
3. Test Procedure for Water-Source Heat Pumps
In ASHRAE Standard 90.1-1999, ASHRAE amended Standard 90.1's
provisions for water source heat pumps by both changing the level of
the applicable efficiency standards and changing the referenced test
procedure from ARI Standard 320, ``Water-Source Heat Pumps,'' to the
International Standards Organization (ISO) Standard 13256-1, ``Water-
Source Heat Pumps--Testing and Rating for Performance--Part 1: Water-
to-Air and Brine-to-Air Heat Pumps.'' Under the amendments, the new
efficiency levels will go into effect on October 29, 2001, and ISO

[[Page 48833]]

Standard 13256-1 will be used to measure compliance with those levels.
Prior to that time, ARI Standard 320 will remain in force under
Standard 90.1 to measure compliance with existing efficiency levels for
water source heat pumps. Recently, the Department has become aware that
ARI has changed its certification program for water-source heat pumps
to reference ISO Standard 13256-1 as the test procedure used in its
program.
As discussed above, we intend to prescribe ARI Standard 320-98 as
the DOE test procedure for water-source heat pumps, in the final rule
in this proceeding. This is the test procedure that is currently in
place under ASHRAE Standard 90.1. We also intend to address DOE
adoption of the ISO test procedure, to replace ARI 320-98, in a
subsequent proceeding.
Nevertheless, in light of ASHRAE's adoption in Standard 90.1-1999
of ISO Standard 13256-1, as well as ARI's actions, we are also
considering adoption in the final rule in this proceeding of ISO
Standard 13256-1, instead of ASHRAE Standard 320, as the DOE test
procedure for water source heat pumps. We would like to receive comment
on that issue. In particular, we would like to receive results of
testing the same products using the two test procedures, to compare
efficiency differences of the two test procedures. We will decide
whether to adopt ISO Standard 13256-1 in the final rule as the DOE test
procedure for water-source heat pumps after reviewing this data, and
after addressing any technical, legal and procedural issues and
concerns about its immediate adoption.

III. Procedural Requirements

A. Review Under the National Environmental Policy Act of 1969

EPCA prescribes energy efficiency standards and test procedures for
commercial products, and in today's rule, we propose to implement these
requirements for commercial air conditioners and heat pumps. We have
reviewed the proposed rule under the National Environmental Policy Act
of 1969 (NEPA), 42 U.S.C. 4321 et seq., the regulations of the Council
on Environmental Quality, 40 CFR parts 1500-1508, our regulations for
compliance with NEPA, 10 CFR Part 1021, and the Secretarial Policy on
the National Environmental Policy Act (June 1994). Implementation of
the proposed rule would not result in environmental impacts. We have
therefore determined that the proposed rule is covered under the
Categorical Exclusion found at paragraph A6 of appendix A to subpart D
of the Department's Regulations, which applies to rulemakings that are
strictly procedural. Accordingly, neither an environmental assessment
nor an environmental impact statement is required.

B. Review Under Executive Order 12866, ``Regulatory Planning and
Review''

Today's proposed rule has been determined not to be a ``significant
regulatory action,'' as defined in section 3(f) of Executive Order
12866, ``Regulatory Planning and Review.'' 58 FR 51735 (October 4,
1993). Accordingly, this action was not subject to review under the
Executive Order by the Office of Information and Regulatory Affairs.

C. Review Under the Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980, 5 U.S.C. 603, requires the
preparation of an initial regulatory flexibility analysis for every
rule which, by law, the agency must propose for public comment, unless
the agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
A regulatory flexibility analysis examines the impact of the rule on
small entities and considers alternative ways of reducing negative
impacts.
The Small Business Administration considers an entity to be a small
business if, together with its affiliates, it employs fewer than a
threshold number of workers specified in 13 CFR Part 121. The threshold
number for SIC classification 3585, which includes air conditioners and
heat pumps, is 750. We estimate that approximately 31 firms manufacture
covered commercial air conditioners and heat pumps, and of these, 14
are considered small businesses.
EPCA establishes efficiency standards for covered commercial
equipment and requires us to prescribe test procedures that are
accepted by industry and referenced in ASHRAE Standard 90.1. As EPCA
specifies the standards and test procedures incorporated in today's
proposed rule, any costs of complying with them are imposed by EPCA and
not the rule. Moreover, today's proposed rule simply codifies testing
procedures that are already generally employed by manufacturers, both
large and small.
The cost of meeting the requirements of today's proposed rule will
depend on the number of basic models a manufacturer produces and the
number of these models that do not comply with the efficiency standards
imposed by EPCA and would consequently need to be redesigned or removed
from the market. Since the efficiency standards have been in force by
statute since 1994, we expect that a negligible number of products
presently manufactured would need to be redesigned or discontinued. The
cost of performing the proposed test procedures depends on unit size,
but could amount to several thousands of dollars per basic model. To
the extent that manufacturers must already test their products for
efficiency to assure that they meet the existing statutory efficiency
standards, or for any other reason, they will not incur new costs in
complying with today's proposed rule. We believe that any significant
economic impact will fall only on those firms which do not now
routinely test their products. We further believe that testing is a
widely accepted practice, and that companies that do not test are rare
and do not represent a substantial number of small entities.
We have no discretion to apply different requirements to small
manufacturers. EPCA mandates uniform standards and test procedures for
commercial products. In this regard, it is noteworthy that although
EPCA contains a ``small manufacturer exemption'' for consumer products
(42 U.S.C. 6295 (t)), it includes no such exemption for commercial and
industrial products.
Based on the above, DOE certifies that the proposed rule would not
impose a significant impact on a substantial number of small
businesses.

D. Review Under Executive Order 13132, ``Federalism''

Executive Order 13132 (64 FR 43255, August 4, 1999) imposes certain
requirements on agencies formulating and implementing policies or
regulations that preempt State law or that have federalism
implications. Agencies are required to examine the constitutional and
statutory authority supporting any action that would limit the
policymaking discretion of the States and carefully assess the
necessity for such actions. The proposed rule published today would not
regulate the States. The proposed rule would primarily codify energy
efficiency standards and test procedures already established in EPCA
for commercial air conditioners and heat pumps. We have determined that
today's proposed rule would not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. No further action is required by
Executive Order 13132.

[[Page 48834]]

E. Review Under Executive Order 12630, ``Governmental Actions and
Interference with Constitutionally Protected Property Rights''

We have determined under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights,'' 52 FR 8859 (March 18, 1988), that this proposed regulation
would not result in any takings which might require compensation under
the Fifth Amendment to the United States Constitution.

F. Review Under the Paperwork Reduction Act

No new collection of information is imposed by this proposed rule.
Accordingly, no clearance by the Office of Management and Budget is
required under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

G. Review Under Executive Order 12988, ``Civil Justice Reform''

With respect to the review of existing regulations and the
promulgation of new regulations, Section 3(a) of Executive Order 12988,
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on
executive agencies the general duty to adhere to the following
requirements: (1) Eliminate drafting errors and ambiguity; (2) write
regulations to minimize litigation; and (3) provide a clear legal
standard for affected conduct rather than a general standard and
promote simplification and burden reduction. With regard to the review
required by Section 3(a), Section 3(b) of the Executive Order
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provide a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of the Executive Order requires agencies to
review regulations in light of applicable standards Section 3(a) and
Section 3(b) to determine whether they are met or it is unreasonable to
meet one or more of them.
We reviewed today's proposed rule under the standards of Section 3
of the Executive Order and determined that, to the extent permitted by
law, it meets the requirements of those standards.

H. Review Under Section 32 of the Federal Energy Administration Act of
1974

Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91), we must comply with section 32 of the Federal Energy
Administration Act of 1974, as amended by the Federal Energy
Administration Authorization Act of 1977. 15 U.S.C. 788. Section 32
provides in part that, where a proposed rule contains or involves use
of commercial standards, the notice of proposed rulemaking must inform
the public of the use and background of such standards.
The rule proposed in this notice incorporates certain commercial
standards which EPCA requires to be used. These include testing
standards referenced by ASHRAE Standard 90.1-1989 for the measurement
of steady state thermal efficiency of commercial air conditioners and
heat pumps. Because we have very limited discretion to depart from the
standards referenced in ASHRAE/IES 90.1, Section 32 of the FEAA does
not apply to them.

I. Review Under Unfunded Mandates Reform Act of 1995

Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded
Mandates Act'') requires that we prepare an impact assessment before
promulgating a rule that includes a Federal mandate that may result in
expenditure by state, local, and tribal governments, in the aggregate,
or by the private sector, of $100 million or more in any one year. The
impact assessment must include: (i) Identification of the Federal law
under which the rule is promulgated; (ii) a qualitative and
quantitative assessment of anticipated costs and benefits of the
Federal mandate and an analysis of the extent to which such costs to
state, local, and tribal governments may be paid with Federal financial
assistance; (iii) if feasible, estimates of the future compliance costs
and of any disproportionate budgetary effects the mandate has on
particular regions, communities, non-Federal units of government, or
sectors of the economy; (iv) if feasible, estimates of the effect on
the national economy; and (v) a description of our prior consultation
with elected representatives of state, local, and tribal governments
and a summary and evaluation of the comments and concerns presented.
We have determined that the action proposed today does not include
a Federal mandate that may result in estimated costs of $100 million or
more to state, local or to tribal governments in the aggregate or to
the private sector. Therefore, the requirements of Sections 203 and 204
of the Unfunded Mandates Act do not apply to this action.

J. Review Under the Plain Language Directives

The President's Memorandum on ``Plain Language in Government
Writing,'' 63 FR 31885 (June 10, 1998) directs each Federal agency to
write all published rulemaking documents in plain language. The
Memorandum includes general guidance on what constitutes ``plain
language.'' Plain language requirements will vary from one document to
another, depending on the intended audience, but all plain language
documents should be logically organized and clearly written.
We have tried to make this proposed rule easy to understand. We are
also requesting suggestions on how to improve its readability further.

K. Review Under the Treasury and General Government Appropriations Act,
1999

Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. No. 105-277) requires federal agencies to issue a
Family Policymaking Assessment for any proposed rule or policy that may
affect family well-being. Today's proposal would not have any impact on
the autonomy or the integrity of the family as an institution.
Accordingly, DOE has concluded that it is not necessary to prepare a
Family Policymaking Assessment.

IV. Public Comment

A. Written Comment Procedures

We invite interested persons to participate in the proposed
rulemaking by submitting data, comments, or information with respect to
the issues set forth in today's rule to Ms. Brenda Edward-Jones, at the
address indicated at the beginning of the notice. We will consider all
submittals received by the date specified at the beginning of this
notice in developing the final rule.
According to 10 CFR 1004.11, any person submitting information
which he or she believes to be confidential and exempt by law from
public disclosure should submit one complete copy of the document and
ten (10) copies, if possible, from which the information believed to be
confidential has been deleted. We will make our own determination with
regard to the confidential status of the information and treat it
according to our determination.
Factors of interest to us, when evaluating requests to treat as

[[Page 48835]]

confidential information that has been submitted, include:
(1) A description of the items;
(2) An indication as to whether and why such items are customarily
treated as confidential within the industry;
(3) Whether the information is generally known by or available from
other sources;
(4) Whether the information has previously been made available to
others without obligation concerning its confidentiality;
(5) An explanation of the competitive injury to the submitting
person which would result from public disclosure;
(6) An indication as to when such information might lose its
confidential character due to the passage of time; and
(7) Why disclosure of the information would be contrary to the
public interest.

B. Public Workshop

1. Procedures for Submitting Requests to Speak
You will find the time and place of the public workshop listed at
the beginning of this notice of proposed rulemaking. We invite any
person who has an interest in today's notice of proposed rulemaking, or
who is a representative of a group or class of persons that has an
interest in these proposed issues, to make a request for an opportunity
to make an oral presentation. If you would like to attend the public
workshop, please notify Ms. Brenda Edwards-Jones at (202) 586-2945. You
may hand deliver requests to speak to the address indicated at the
beginning of this notice between the hours of 8:00 a.m. and 4:00 p.m.,
Monday through Friday, except Federal holidays, or send them by mail.
The person making the request should state why he or she, either
individually or as a representative of a group or class of persons, is
an appropriate spokesperson, briefly describe the nature of the
interest in the rulemaking, and provide a telephone number for contact.
We request each person selected to be heard to submit an advance copy
of his or her statement at least two weeks prior to the date of this
workshop as indicated at the beginning of this notice. At our
discretion, we may permit any person who cannot do this to participate
if that person has made alternative arrangements with the Office of
Building Research and Standards in advance. The request to give an oral
presentation should ask for such alternative arrangements.
2. Conduct of Workshop
The Department will designate a Department official to preside at
the workshop and we may also use a professional facilitator to
facilitate discussion. The workshop will not be a judicial or
evidentiary-type hearing, but the Department will conduct it in
accordance with 5 U.S.C. 553 and Section 336 of the Act and a court
reporter will be present to record the transcript of the workshop. We
reserve the right to schedule the presentations by workshop
participants, and to establish the procedures governing the conduct of
the workshop.
The Department will permit each participant to make a prepared
general statement, limited to five (5) minutes, prior to the discussion
of specific topics. The general statement should not address these
specific topics, but may cover any other issues pertinent to this
rulemaking. The Department will permit other participants to briefly
comment on any general statements. We will divide the remainder of the
hearing into segments, with each segment consisting of one or more of
the following specific topics covered by this notice:
Commercial Air Conditioner and Heat Pump Definition and Scope of
Coverage
Coverage of Heating-Only Heat Pumps
Coverage of Computer Room Air Conditioners
Coverage of Equipment with a Variable-Speed Drive
Commercial Air Conditioner and Heat Pump Test Procedures for the
Measurement of Energy Efficiency
Test Procedures the Department Intends to Adopt
Minimum External Static Pressure
Test Procedure for Water-Source Heat Pumps
Other Test Procedure Topics
The Department will introduce each topic with a brief summary of
the relevant provisions of the proposed rule, and the significant
issues involved. We will then permit participants in the hearing to
make a prepared statement limited to five (5) minutes on that topic. At
the end of all prepared statements on a topic, the Department will
permit each participant to briefly clarify his or her statement and
comment on statements made by others. Participants should be prepared
to answer questions by us and by other participants concerning these
issues. Our representatives may also ask questions of participants
concerning other matters relevant to the hearing. The total cumulative
amount of time allowed for each participant to make prepared statements
will be 20 minutes.
The official conducting the hearing will accept additional comments
or questions from those attending, as time permits. The presiding
official will announce any further procedural rules, or modification of
the above procedures, needed for the proper conduct of the hearing.
We will make the entire record of this rulemaking, including the
transcript, available for inspection in the Department's Freedom of
Information Reading Room. Any person may purchase a copy of the
transcript from the transcribing reporter.

C. Issues on Which Comments Are Requested

We are interested in receiving comments and/or data concerning the
feasibility, workability and appropriateness of the test procedures
proposed in today's rulemaking. Also, we welcome discussion on
improvements or alternatives to the proposed approaches. We also invite
comments on how to make this proposed rule easier to understand. For
example:
Are the requirements in the rule clearly stated?
Have we organized the material to suit your needs, or
would a different organization be better?
Can we improve the rule's format?

List of Subjects in 10 CFR Part 431

Administrative practice and procedure, Commercial products, Energy
conservation, Incorporation by reference.

Issued in Washington, DC, on June 9, 2000.
Dan W. Reicher,
Assistant Secretary, Energy Efficiency and Renewable Energy.
For the reasons set forth in the preamble, Title 10, Part 431 of
the Code of Federal Regulations is proposed to be amended as set forth
below:

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT

1. The authority citation for Part 431 continues to read as
follows:

Authority: 42 U.S.C. 6311-6316.

2. Subpart J is added to read as follows:
Subpart J--Commercial Air Conditioners and Heat Pumps
Sec.
431.251 Purpose and scope.
431.252 Definitions for commercial air conditioners and heat
pumps.

Test Procedures

431.261 Materials incorporated by reference.
431.262 Uniform test method for the measurement of energy
efficiency of

[[Page 48836]]

small and large commercial package air conditioning and heating
equipment, packaged terminal air conditioners, and packaged terminal
heat pumps.

Energy Efficiency Standards

431.271 Energy efficiency standards and effective dates.

Subpart J--Commercial Air Conditioners and Heat Pumps

Sec. 431.251 Purpose and scope.

This subpart contains energy conservation requirements for certain
commercial air conditioners and heat pumps, pursuant to Part C of Title
III of the Energy Policy and Conservation Act, as amended, 42 U.S.C.
6311-6316.

Sec. 431.252 Definitions for commercial air conditioners and heat
pumps.

For purposes of subparts I through P of this part, terms are
defined as provided for elsewhere in this subpart, in section 340 of
the Act, and as follows--
Coefficient of Performance, or COP means the ratio of the produced
cooling effect of an air conditioner or heat pump (or its produced
heating effect, depending on the mode of operation) to its net work
input, when both the cooling (or heating) effect and the net work input
are expressed in identical units of measurement.
Energy Efficiency Ratio, or EER, means the ratio of the produced
cooling effect of an air conditioner or heat pump to its net work
input, expressed in Btu/watt-hour.
Heating seasonal performance factor or HSPF means the total heating
output of a central air-conditioning heat pump during its normal annual
usage period for heating, expressed in Btu's and divided by the total
electric power input, expressed in watt-hours, during the same period.
Large commercial package air-conditioning and heating equipment
means air-cooled, water-cooled, evaporatively cooled, or water-source
(not including ground water-source) electrically operated, unitary
central air conditioners and central air-conditioning heat pumps for
commercial application that are rated at or above 135,000 Btu per hour
and below 240,000 Btu per hour (cooling capacity), and that are
commercial HVAC & WH products.
Packaged terminal air conditioner means a wall sleeve and a
separate un-encased combination of heating and cooling assemblies
specified by the builder and intended for mounting through the wall,
and that is a commercial HVAC & WH product. It includes a prime source
of refrigeration, separable outdoor louvers, forced ventilation, and
heating availability by builder's choice of hot water, steam, or
electricity.
Packaged terminal heat pump means a packaged terminal air
conditioner that utilizes reverse cycle refrigeration as its prime heat
source, that has a supplementary heat source available, with the choice
of hot water, steam, or electric resistant heat, and that is a
commercial HVAC & WH product.
Seasonal energy efficiency ratio or SEER means the total cooling
output of a central air conditioner or central air-conditioning heat
pump, expressed in Btu's, during its normal annual usage period for
cooling and divided by the total electric power input, expressed in
watt-hours, during the same period.
Single package unit means any central air conditioner or central
air-conditioning heat pump in which all the major assemblies are
enclosed in one cabinet.
Small commercial package air-conditioning and heating equipment
means air-cooled, water-cooled, evaporatively cooled, or water-source
(not including ground water-source) electrically operated, unitary
central air conditioners and central air-conditioning heat pumps for
commercial application which are rated below 135,000 Btu per hour
(cooling capacity), and which are commercial HVAC & WH products.
Split system means any central air conditioner or central air
conditioning heat pump in which one or more of the major assemblies are
separate from the others.

Test Procedures

Sec. 431.261 Materials incorporated by reference.

(a) The Department incorporates by reference the following test
procedures which are not otherwise set forth in this part 431. The
Director of the Federal Register has approved the material listed in
paragraph (b) of this section for incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Any subsequent
amendment to this material by the standard-setting organization will
not affect the DOE test procedures unless and until DOE amends its test
procedures. The Department incorporates the material as it exists on
the date of the approval and a notice of any change in the material
will be published in the Federal Register.
(b) List of test procedures incorporated by reference.
(1) Air-Conditioning and Refrigeration Institute (ARI) Standard
210/240-94 published in 1994, ``Unitary Air-Conditioning and Air-Source
Heat Pump Equipment.''
(2) ARI Standard 310/380-93 published in 1993, ``Standard for
Package Terminal Air-Conditioners and Heat Pumps.''
(3) ARI Standard 320-98 published in 1998, ``Water-Source Heat
Pumps.''
(4) ARI Standard 340/360-93 published in 1993, ``Commercial and
Industrial Unitary Air-Conditioning and Air-Source Heat Pump
Equipment.''
(c) Availability of references.
(1) Inspection of test procedures. You may inspect the test
procedures incorporated by reference at:
(i) Office of the Federal Register, 800 North Capitol Street, NW.,
Suite 700, Washington, DC.
(ii) U.S. Department of Energy, Office of Energy Efficiency and
Renewable Energy, Hearings and Dockets, ``Test Procedures and
Efficiency Standards for Commercial Air Conditioners and Heat Pumps,''
Docket No. EE-RM/TP-99-460, 1000 Independence Avenue, SW., Washington,
DC 20585.
(2) Obtaining copies of Standards. You may obtain a copy of the ARI
standards from the Air-Conditioning and Refrigeration Institute, 4301
North Fairfax Drive, Suite 425, Arlington, VA 22203, http://
www.ari.org/.

Sec. 431.262 Uniform test method for the measurement of energy
efficiency of small and large commercial package air conditioning and
heating equipment, packaged terminal air conditioners, and packaged
terminal heat pumps.

(a) Scope. This section contains test procedures you must follow
if, pursuant to EPCA, you are measuring the energy efficiency of small
and large commercial package air-conditioning and heating equipment,
packaged terminal air conditioners and packaged terminal heat pumps.
(b) Testing and Calculations. For each covered product, determine
the energy efficiency by conducting the test procedure listed in the
rightmost column of the following table for that product, category,
cooling capacity, and energy efficiency descriptor:

[[Page 48837]]

----------------------------------------------------------------------------------------------------------------
Energy efficiency Use tests, conditions
Product Category Cooling capacity descriptor and procedures in
----------------------------------------------------------------------------------------------------------------
Small Commercial Packaged Air Air Cooled, 3 65,000 Btu/h..... SEER............. ARI Standard 210/240-
Conditioning and Heating Phase, AC and HP. HSPF............. 94
Equipment. ARI Standard 210/240-
94
Air Cooled AC and 65,000 EER.............. ARI Standard 210/240-
HP. Btu/h and COP.............. 94
135,000 Btu/h. ARI Standard 210/240-
94
Water Cooled AC.. 135,000 Btu/h.... EER.............. ARI Standard 210/240-
94
Evaporatively 135,000 Btu/h.... EER.............. ARI Standard 210/240-
Cooled AC. 94
Water-Source HP.. 135,000 Btu/h.... EER.............. ARI Standard 320-98
COP.............. ARI Standard 320-98
Large Commercial Packaged Air Air Cooled AC and 135,00 EER.............. ARI Standard 340/360-
Conditioning and Heating HP. 0 Btu/h and COP.............. 93
Equipment. 240,000 Btu/h. ARI Standard 340/360-
93
Water Cooled AC.. 135,00 EER.............. ARI Standard 340/360-
0 Btu/h and 93
240,000 Btu/h.
Evaporatively 135,00 EER.............. ARI Standard 340/360-
Cooled AC. 0 Btu/h and 93
240,000 Btu/h.
Packaged Terminal Air AC and HP........ All.............. EER.............. ARI Standard 310/380-
Conditioners and Heat Pumps. COP.............. 93
ARI Standard 310/380-
93
----------------------------------------------------------------------------------------------------------------

Energy Efficiency Standards

Sec. 431.271 Energy efficiency standards and effective dates.

Each commercial air conditioner or heat pump manufactured on or
after January 1, 1994 (except for large commercial package air-
conditioning and heating equipment, for which the effective date is
January 1, 1995) must meet the applicable minimum energy efficiency
standard level(s) set forth in Tables 1 and 2 of this section.

TABLE 1.--Minimum Cooling Efficiency Levels
----------------------------------------------------------------------------------------------------------------
Product Category Cooling capacity Subcategory Efficiency Level \1\
----------------------------------------------------------------------------------------------------------------
Small Commercial Packaged Air Air Cooled, 3 65,000 Split System..... SEER = 10.0
Conditioning and Heating Phase. Btu/h. Single Package... SEER = 9.7
Equipment.
Air Cooled....... 65,000 All.............. EER = 8.9
Btu/h and 135,000
Btu/h.
Water Cooled 65,000 All.............. EER = 9.3
Evaporatively Btu/h. All.............. EER = 10.5
Cooled, and 65,000 Btu/h and
Water-Source. 135,0
00 Btu/h.
Large Commercial Packaged Air Air Cooled....... deg.135,000 Btu/ All.............. EER = 8.5
Conditioning and Heating h and 240,000 Btu/h.
Water-Cooled, and 135,000 Btu/h and All.............. EER = 9.6
Evaporatively 240,0
Cooled. 00 Btu/h.
Packaged Terminal Air All.............. 7,000 All.............. EER = 8.88
Conditioners and Heat Pumps. Btu/h. EER = 10.0-(0.16 x
7,000 capacity [in
Btu/h and 15,000 thousands of Btu/h at
Btu/h. 95 deg. outdoor dry-
15,000 bulb temperature])
Btu/h. EER = 7.6
----------------------------------------------------------------------------------------------------------------
\1\ All EER values must be rated at 95 deg.F outdoor dry-bulb temperature for air-cooled products and
evaporatively-cooled products and at 85 deg.F entering water temperature for water-source and water-cooled
products.

TABLE 2.--MINIMUM HEATING EFFICIENCY LEVELS
----------------------------------------------------------------------------------------------------------------
Product Category Cooling capacity Subcategory Efficiency Level \2\
----------------------------------------------------------------------------------------------------------------
Small Commercial Packaged Air Air Cooled, 3 65,000 Split System..... HSPF = 6.8
Conditioning and Heating Phase. Btu/h. Single Package... HSPF = 6.6
Equipment.
Water-Source..... 135,00 Split System and COP = 3.8
0 Btu/h. Single Package.
Air Cooled....... 65,000 Btu/h and All.............. COP = 3.0
135,0
00 Btu/h.

[[Page 48838]]

Large Commercial Packaged Air Air Cooled....... 135,000 Btu/h and Split System and COP = 2.9
Conditioning and Heating 240,0 Single Package.
Equipment. 00 Btu/h.
Packaged Terminal Heat Pumps... All.............. All.............. All.............. COP = 1.3+(0.16 x
the applicable
minimum cooling EER
prescribed in Table
1--Minimum Cooling
Efficiency Levels)
----------------------------------------------------------------------------------------------------------------
\2\ All COP values must be rated at 47 deg.F outdoor dry-bulb temperature for air-cooled products and
evaporatively-cooled products and at 70 deg.F entering water temperature for water-source products.

[FR Doc. 00-19723 Filed 8-8-00; 8:45 am]
BILLING CODE 6450-01-P

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

Energy Efficiency Program for Certain Commercial and Industrial Equipment: Test Procedures and Efficiency Standards for Commercial Air Conditioners and Heat Pumps

Local Navigation