[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Notices]
[Pages 24762-24767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11543]


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DEPARTMENT OF ENERGY

[Case No. 2017-010]


Notice of Petition for Waiver of AeroSys Inc. (AeroSys) From the 
Department of Energy Central Air Conditioners and Heat Pumps Test 
Procedure, and Notice of Grant of Interim Waiver

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

ACTION: Notice of petition for waiver, grant of an interim waiver, and 
request for comments.

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SUMMARY: This notice announces receipt of and publishes a petition for 
waiver from AeroSys seeking an exemption from the U.S. Department of 
Energy (DOE) test procedure for determining the efficiency of central 
air conditioners and heat pumps. AeroSys seeks to use an alternate test 
procedure to address issues involved in testing certain basic models 
identified in its petition.

[[Page 24763]]

According to AeroSys, testing the basic models of space constrained 
central air conditioners and heat pump units listed in its petition 
exclusively with coil-only indoor units (as required by the DOE test 
procedure), rather than with blower-coil indoor units (as they are 
distributed in commerce), will overstate their energy usage. Energy 
usage of coil-only tests for these models will be overstated because 
the default value for wattage required by the DOE coil-only test method 
exceeds the actual wattage of the high-efficiency motors used in the 
blower-coil indoor units with which the AeroSys models listed in its 
petition are paired in the field. AeroSys seeks to use an alternate 
test procedure to test and rate their basic models listed in its 
petition. AeroSys proposes to waive the DOE test procedure requirement 
to test these basic models with coil-only indoor units and instead, 
test with blower-coil indoor units in accordance with 10 CFR part 430, 
subpart B, appendix M, as applicable. This notice also announces that 
DOE grants AeroSys an interim waiver from the DOE central air 
conditioners and heat pumps test procedure for its specified basic 
models, subject to use of the alternative test procedure as set forth 
in the Order. DOE solicits comments, data, and information concerning 
AeroSys' petition and its suggested alternate test procedure.

DATES: DOE will accept comments, data, and information with respect to 
the AeroSys Petition until June 29, 2018.

ADDRESSES: You may submit comments, identified by case number ``2017-
010'' and Docket number ``EERE-2017-BT-WAV-0042'', by any of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include the case 
number [Case No. 2017-010] 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. 2017-010, 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.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at http://www.regulations.gov. All documents in the docket are 
listed in the http://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.
    The docket web page can be found at https://www.regulations.gov/document?D=EERE-2017-BT-WAV-0042-0001. The docket web page will contain 
simple instruction on how to access all documents, including public 
comments, in the docket.

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: 
[email protected].
    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: 
[email protected].

SUPPLEMENTARY INFORMATION: 

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 as ``appendix M'').
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the EPS Improvement Act of 2017, Public Law 11-
115 (January 12, 2018).
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    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).

AeroSys' Petition for Waiver of Test Procedure and Application for 
Interim Waiver

    On May 29, 2017, AeroSys filed a petition for waiver and an 
application for interim waiver from the CAC and HP test procedure set 
forth in 10 CFR part

[[Page 24764]]

430, subpart B, appendix M. AeroSys' request for a prospective waiver 
from certain provisions in 10 CFR part 430, subpart B, appendix M1, 
which is the test procedure applicable to central air conditioners and 
heat pumps after January 1, 2023, is premature and will not be 
considered by DOE at this time. Once compliance is required with 
appendix M1, AeroSys is free to submit any application for a waiver 
from the test procedure it believes necessary, and DOE will consider 
that application at such time.
    According to AeroSys, testing the space constrained basic models 
listed in its petition \3\ with coil-only indoor units (as required by 
the DOE test procedure), rather than with blower-coil indoor units (as 
they are distributed in commerce), will overstate their energy usage. 
Energy usage of coil-only tests for these models will be overstated 
because the default value for wattage required by the DOE coil-only 
test method exceeds the actual wattage of the high-efficiency motors 
used in the blower-coil indoor units with which the AeroSys models 
listed in its petition are paired in the field. AeroSys seeks to use an 
alternate test procedure to test and rate the basic models listed in 
its petition. AeroSys proposes to waive the DOE test procedure 
requirement to test these basic models with coil-only indoor units and 
instead, test with blower-coil indoor units in accordance with 10 CFR 
part 430, subpart B, as applicable.
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    \3\ The specific basic models for which the petition applies are 
central air conditioner basic models THDC-18PGA, THDC-18PGB, THDC-
18RGA, THDC-18SGB, THDC-18TGB, THDC-24PGA, THDC-24PGB, THDC-24RGA, 
THDC-24SGB, THDC-24TGB, THDC-30PGB, THDC-30RGA, THDC-30SGB, THDC-
30TGB, TTWC-R18P21, TTWC-R18R21, TTWC-R18S21, TTWC-R18T21, TTWC-
R24P21, TTWC-R24R21, TTWC-R24S21, TTWC-R24T21, TTWC-R30P21, TTWC-
R30R21, TTWC-R30S21, TTWC-R30T21, TTWH-R18H21, TTWH-R24H21, TTWH-
R30H21, TTWC-R36H21. These basic model names were provided by 
AeroSys in its May 2017 petition.
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    AeroSys 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).

Requested 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, and 
after consideration of public comments on the petition, DOE will 
consider setting an alternate test procedure for the equipment 
identified by AeroSys in a subsequent Decision and Order.
    As an alternate test procedure, AeroSys proposes that the basic 
models listed in the petition be tested according to the test procedure 
for central air conditioners and heat pumps prescribed by DOE at 10 CFR 
part 430, subpart B, appendix M, as applicable, except for the 
requirement under 10 CFR 429.16 that represented values for each model 
of outdoor unit be determined based on testing with a model of a coil-
only indoor unit that is the least efficient indoor unit distributed in 
commerce with that particular outdoor unit. Instead, AeroSys requests 
that the specified basic models be tested and representations be 
determined by pairing the models only with blower-coil indoor units.

Summary of Grant an Interim Waiver

    DOE conducted a review of AeroSys' public-facing materials, 
including websites, marketing materials, product spec sheets, labels, 
installation manuals, other consumer facing disclosures, etc. to 
confirm that these materials support AeroSys' assertions set forth in 
the petition about how they distribute the specified basic models in 
commerce. The public-facing materials that DOE found state that these 
models are ``sold and intended for use only with blower coil indoor 
units,'' ``AeroSys is not responsible for the performance and operation 
of a mismatched system,'' and ``Installers are encouraged to match to 
air handlers that are approved by AeroSys and listed in the [CCMS/AHRI] 
database.'' All materials reviewed by DOE can be found in the docket. 
DOE understands from AeroSys' petition that, absent an interim waiver, 
AeroSys' specified models cannot be tested and rated for energy 
consumption on a basis representative of their true energy consumption 
characteristics. DOE has reviewed the alternate test procedure 
suggested by AeroSys and concludes that it will allow for the accurate 
measurement of the efficiency of these specified models, while 
alleviating the testing problems associated with AeroSys' 
implementation of CAC and HP testing. DOE has determined that AeroSys' 
petition for waiver will likely be granted and that it is desirable for 
public policy reasons to grant AeroSys immediate relief pending a 
determination of the petition for waiver.
    For the reasons stated, DOE has granted AeroSys' application for 
interim waiver for its specified basic models of space constrained 
central air conditioners and heat pumps. The substance of DOE's Interim 
Waiver Order is summarized below.
    Therefore, DOE has issued an Order, stating:
    (1) AeroSys must test and rate the CAC and HP basic models listed 
in paragraph (A) with the alternate test procedure set forth in 
paragraph (2):

(A) THDC-18PGA, THDC-18PGB, THDC-18RGA, THDC-18SGB, THDC-18TGB, THDC-
24PGA, THDC-24PGB, THDC-24RGA, THDC-24SGB, THDC-24TGB, THDC-30PGB, 
THDC-30RGA, THDC-30SGB, THDC-30TGB, TTWC-R18P21, TTWC-R18R21, TTWC-
R18S21, TTWC-R18T21, TTWC-R24P21, TTWC-R24R21, TTWC-R24S21, TTWC-
R24T21, TTWC-R30P21, TTWC-R30R21, TTWC-R30S21, TTWC-R30T21, TTWH-
R18H21, TTWH-R24H21, TTWH-R30H21, TTWC-R36H21

    (2) The applicable method of test for the AeroSys basic models 
listed in paragraph (1)(A) is the test procedure for CAC and HP 
prescribed by DOE at 10 CFR part 430, subpart B, appendix M, except the 
determination of represented value requirements and units required for 
test per 10 CFR 429.16(a)(1), (b)(2) and (b)(2)(i) shall be as detailed 
below. All other requirements of 10 CFR part 429.16 remain applicable.
    In 429.16(a), Determination of Represented Value:
    (1) Required represented values for single-split system space-
constrained AC with single-stage or two-stage compressor. Determine the 
represented values (including SEER, EER, HSPF, SEER2, EER2, HSPF2, PW, 
OFF, cooling capacity, and heating capacity, as applicable) for the 
individual models/combinations (or ``tested combinations'') specified 
in the following table.

[[Page 24765]]



------------------------------------------------------------------------
                                    Equipment       Required represented
           Category                subcategory             values
------------------------------------------------------------------------
Outdoor Unit and Indoor Unit    Single-Split       Every individual
 (Distributed in Commerce by     System Space-      combination
 OUM).                           Constrained AC     distributed in
                                 with Single-       commerce, including
                                 Stage or Two-      all coil-only and
                                 Stage Compressor.  blower coil
                                                    combinations. For
                                                    each model of
                                                    outdoor unit, this
                                                    must include the
                                                    least efficient
                                                    combination
                                                    distributed in
                                                    commerce with the
                                                    particular model of
                                                    outdoor unit.
------------------------------------------------------------------------

    In 429.16(b), Units tested:
    (2) Individual model/combination selection for testing of single-
split system space-constrained AC with single-stage or two-stage 
compressor. (i) The table identifies the minimum testing requirements 
for each basic model that includes multiple individual models/
combinations; if a basic model spans multiple categories or 
subcategories listed in the table, multiple testing requirements apply. 
For each basic model that includes only one individual model/
combination, test that individual model/combination.

----------------------------------------------------------------------------------------------------------------
              Category                  Equipment subcategory           Must test:                 With:
----------------------------------------------------------------------------------------------------------------
Outdoor Unit and Indoor Unit         Single-Split System Space-   The model of outdoor    A model of indoor
 (Distributed in Commerce by OUM).    Constrained AC with Single-  unit.                   unit.
                                      Stage or Two-Stage
                                      Compressor.
----------------------------------------------------------------------------------------------------------------

    (3) Representations. AeroSys is permitted to make representations 
about the efficiency of the basic model listed in paragraph (1) for 
compliance, marketing, or other purposes only to the extent that the 
basic model has been tested in accordance with the provisions set forth 
above and such representations fairly disclose the results of such 
testing in accordance with 10 CFR 429.16 and 10 CFR part 430, subpart 
B, appendix M.
    (4) This interim waiver shall remain in effect consistent with the 
provisions of 10 CFR 430.27(h) and (k).
    (5) This interim waiver is issued to AeroSys on the condition that: 
(1) The statements, representations, test data, and documentary 
materials provided by the petitioner are valid, (2) AeroSys continues 
to distribute the specified basic models for exclusive installation 
with blower-coil indoor units; (3) All public-facing materials, 
including websites, marketing materials, product spec sheets, labels, 
nameplates, etc., make no representations that these basic models be 
installed in any other way; and (4) All public-facing materials state 
that these models are: ``sold and intended for use only with blower 
coil indoor units. AeroSys is not responsible for the performance and 
operation of a mismatched system. Installers are encouraged to match to 
air handlers that are approved by AeroSys and listed in the [CCMS/AHRI] 
database.'' DOE may revoke or modify this waiver at any time if it 
determines the factual basis underlying the petition for waiver is 
incorrect, the above listed conditions are not met, or the results from 
the alternate test procedure are unrepresentative of the basic model's 
true energy consumption characteristics.
    (6) Granting of this interim waiver does not release AeroSys from 
the certification requirements set forth at 10 CFR part 429, other than 
those explicitly stated in paragraph (2).
    DOE makes decisions on waivers and interim waivers for only those 
models specifically set out in the petition, not future models that may 
be manufactured by the petitioner. AeroSys may submit a new or amended 
petition for waiver and request for grant of interim waiver, as 
appropriate, for additional models of central air conditioners and heat 
pumps. Alternatively, if appropriate, AeroSys may request that this 
interim waiver (or subsequent waiver, if applicable) be extended to 
additional basic models employing the same technology as basic models 
specifically set out in this petition (see 10 CFR 430.27(g)).

Summary and Request for Comments

    Through this notice, DOE announces receipt of AeroSys' petition for 
waiver from the DOE test procedure for certain basic models and 
announces DOE's decision to grant AeroSys an interim waiver from the 
test procedure for the basic models listed in AeroSys' petition. DOE is 
publishing AeroSys' petition for waiver in its entirety, pursuant to 10 
CFR 430.27(b)(1)(iv). The petition contains no confidential 
information. The petition includes a suggested alternate test 
procedure, as specified in section III of this notice, to determine the 
energy consumption of AeroSys' specified space constrained central air 
conditioner and heat pump basic models. DOE may consider including the 
alternate procedure specified in the Order in a subsequent Decision and 
Order.
    DOE invites all interested parties to submit in writing by June 29, 
2018, comments and information on all aspects of the petition, 
including the suggested alternate test procedure and calculation and 
rating methodology. DOE also seeks comment and data on AeroSys' 
assertion that it exclusively distributes the space constrained air 
conditioner and heat pump basic models as blower-coil installations. 
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 Scott Blake Harris, Harris, 
Wiltshire & Grannis LLP, 1919 M Street NW, Washington, DC 20036.
    Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to http://www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or

[[Page 24766]]

financial information (hereinafter referred to as Confidential Business 
Information (CBI)). Comments submitted through http://www.regulations.gov cannot be claimed as CBI. Comments received through 
the website will waive any CBI claims for the information submitted. 
For information on submitting CBI, see the Confidential Business 
Information section.
    DOE processes submissions made through http://www.regulations.gov 
before posting. Normally, comments will be posted within a few days of 
being submitted. However, if large volumes of comments are being 
processed simultaneously, your comment may not be viewable for up to 
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to http://www.regulations.gov. If you do not want your personal 
contact information to be publicly viewable, do not include it in your 
comment or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed copies. No facsimiles (faxes) will be 
accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According 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 via 
email, postal mail, or hand delivery two well-marked copies: one copy 
of the document marked confidential including all the information 
believed to be confidential, and one copy of the document marked ``non-
confidential'' with the information believed to be confidential 
deleted. Submit these documents via email or on a CD, if feasible. DOE 
will make its own determination about the confidential status of the 
information and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include (1) a description of the 
items, (2) 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) 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.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

    Signed in Washington, DC, on May 17, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology 
Development, Energy Efficiency and Renewable Energy.

Before the United States Department of Energy Washington, D.C. 20585

    In the Matter of Energy Efficiency Program: Test Procedure for 
Testing Space-Constrained Trough-the-Wall Condensing Units, Docket 
No. EERE-2009-BT-TP-0004; RIN 1904-AB94.

Petition of AeroSys Inc. for Waiver of Test Procedure for Space-
Constrained Through-the-Wall Condensing Units

    AeroSys Inc. respectfully submits this Petition for Waiver and 
Application for Interim Waiver \1\ of the Department of Energy's (DOE) 
test procedure for testing space-constrained through-the-wall (TTW) 
condensing units.\2\
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    \1\ See 10 CFR 430.27 (waiver and interim waiver).
    \2\ Id. Part 430, Subpart B, Appendix M (test procedure for 
central air conditioners and heat pumps).
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    AeroSys is a small American manufacturer of air conditioning 
equipment, including space- constrained TTW condensing units. It is 
located at 929 Eldridge Drive, Hagerstown, MD 21740. Phone: (301) 620-
0002; fax: (301) 620-0685; http://www.aerosysinc.com.
    The space-constrained TTW condensing units listed in Appendix I 
meet the criteria for a waiver.\3\ The inclusion of coil-only tests in 
conjunction with these space-constrained TTW condensing units will 
evaluate these basic models in a manner so unrepresentative of their 
true energy characteristics as to provide materially inaccurate 
comparative data. DOE ``will grant a waiver from the test procedure 
requirements'' in these circumstances.\4\
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    \3\ Id. Sec.  430.27(f)(2).
    \4\ Id.
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    Indeed, DOE has already recognized this specific situation and has 
solicited waiver requests to resolve it.\5\
---------------------------------------------------------------------------

    \5\ FR 1427, 1462 (Jan. 5, 2017).
---------------------------------------------------------------------------

    AeroSys asks that a waiver be granted to allow it to use an 
alternate test procedure that provides for testing these basic models 
with blower coil testing instead of coil-only tests. This will more 
accurately measure the energy consumption of these products.

I. Basic Models for Which a Waiver is Requested

    The basic models for which a waiver is requested are the models set 
forth in Appendix I. They are manufactured by AeroSys in the United 
States and are distributed in commerce under the AeroSys brand name.

II. Need for the Requested Waiver

    AeroSys manufactures space-constrained TTW condensing units. These 
products are beneficial in a number of special settings, such as multi-
story residential applications with limited space. AeroSys' models are 
certified for use with high efficiency blower coil indoor units (air 
handlers).
    Due to the space-constrained nature of the TTW condensing units, 
they are sold and intended for use only with high efficiency blower 
coil indoor units fitted with ECM motors. At no time has AeroSys sold 
these models with anything other than blower coil indoor units. This is 
clearly stated in AeroSys' public-facing materials. For example, a 
sales brochure states:


[[Page 24767]]


    AeroSys TTWC-R**H Series units are sold and intended for use 
only with blower coil indoor units. To see a list of approved air 
handlers please go to www.aerosysinc.com/certified-ratings.\6\
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    \6\ See AeroSys Sales Brochure, Thru-The-Wall TTWC-R Series 
Condensing Unit Catalog, 1-1/2 To 2-1/2 Ton Capacity, at http://www.aerosysinc.com/files/170523%20SALES%20LIT/TTWC-Condensing%20Unit%201.5%20TO%202.5%20TON%20CATALOG%20R170526.pdf.

    Such statements also are on the AeroSys website \7\ and in 
Installation, Operation, and Maintenance Manuals.\8\
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    \7\ See http://www.aerosysinc.com/products/1/thru-the-wall-condensing-1-to-25-ton.
    \8\ See AeroSys Installation Operation and Maintenance Manual, 
TTWC Series Through-The-Wall Condensing Units, at http://www.aerosysinc.com/files/IOM%20TTW%20R170524/TTWC-R()X%20IOM%201.5%20TO%202.5%20TON%20R052317.pdf.
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    Testing these models with coil-only combinations, rather than in 
the intended manner with blower coil indoor units, will overstate 
energy usage and thus would not reflect the models' true energy 
characteristics. That is because the default value for wattage in coil-
only testing exceeds the actual wattage of the high efficiency motors 
used in the AeroSys models.
    DOE has addressed this situation and recently solicited waiver 
requests to deal with it.\9\ DOE acknowledged that the text of its 
current regulations does not provide for an exclusion for coil-only 
testing for blower coil indoor units. It then solicited waiver requests 
to remedy the problem:
---------------------------------------------------------------------------

    \9\ 82 Fed. Reg. at 1462.

If a manufacturer believes that coil-only testing of a product is 
not appropriate because the basic model is only sold and installed 
exclusively with blower coil indoor units, the manufacturer may 
petition DOE for a test procedure waiver showing that installation 
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is exclusively blower coil and requesting a blower coil test.

This reasoning applies squarely to AeroSys' situation. AeroSys has 
conferred with DOE about applying for a waiver.
    Requiring testing of the models in Appendix I with coil-only 
combinations will effectively eliminate such products due to the 
default value for wattage in coil-only testing. It will cause grave 
economic hardship for AeroSys--jeopardizing the company's viability. It 
will also create substantial difficulty for the housing industry, which 
will be deprived of these beneficial products.

III. Proposed Alternate Test Procedure.

    AeroSys proposes the following alternate test procedure to evaluate 
the performance of the basic models listed in Appendix I.
    AeroSys shall be required to test the performance of the basic 
models listed in Appendix I according to the test procedure for central 
air conditioners and heat pumps prescribed by DOE at 10 C.F.R. part 
430, subpart B, Appendix M or Appendix M1 (when effective), as 
applicable, except as follows:
    The basic models shall not be subject to coil-only testing or 
rating and shall instead be tested using a blower-coil test in 
accordance with 10 C.F.R. part 430, subpart B, Appendix M or Appendix 
M1 (when effective), as applicable. The waiver should continue until 
DOE adopts an applicable amended test procedure.

IV. Request for Interim Waiver.

    AeroSys also requests an interim waiver for its testing and rating 
of the foregoing basic models. 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.\8\ AeroSys warrants an interim waiver under these criteria.
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    \8\ Id. Sec.  430.27(e)(2).
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    The petition for waiver is likely to be granted, as evidenced by 
its merits. And immediate relief is warranted based on public policy 
reasons. Without waiver relief, AeroSys will be subject to requirements 
that should not apply to such products. These useful products will be 
effectively eliminated, causing grave economic hardship for AeroSys and 
negative effects for housing.

V. Other Manufacturers.

    A list of manufacturers of all other basic models distributed in 
commerce in the United States and known to AeroSys to incorporate 
design characteristic(s) similar to those found in the basic model(s) 
that are the subject of the petition is set forth in Appendix II.

VI. Conclusion.

    DOE should grant AeroSys the requested waiver and interim waiver 
for the models listed in Appendix I. Further, AeroSys requests 
expedited treatment of the Petition and Application. It is also willing 
to provide promptly any additional information the Department thinks it 
needs to act with expedition.

Respectfully submitted,

Scott Blake Harris
John A. Hodges

Harris, Wiltshire & Grannis LLP
1919 M Street NW, 8th Floor Washington, DC 20036
(202) 730-1330

Counsel to AeroSys Inc.

May 29, 2017

APPENDIX I

    The waiver and interim waiver requested herein should apply to 
testing and rating of the following basic models.
    THDC-18PGA, THDC-18PGB, THDC-18RGA, THDC-18SGB, THDC-18TGB, THDC-
24PGA, THDC-24PGB, THDC-24RGA, THDC-24SGB, THDC-24TGB, THDC-30PGB, 
THDC-30RGA, THDC-30SGB, THDC-30TGB, TTWC-R18P21, TTWC-R18R21, TTWC-
R18S21, TTWC-R18T21, TTWC-R24P21, TTWC-R24R21, TTWC-R24S21, TTWC-
R24T21, TTWC-R30P21, TTWC-R30R21, TTWC-R30S21, TTWC-R30T21, TTWH-
R18H21, TTWH-R24H21, TTWH-R30H21, TTWC-R36H21

APPENDIX II

    The following are manufacturers of all other basic models 
distributed in commerce in the United States and known to AeroSys to 
incorporate design characteristic(s) similar to those found in the 
basic model(s) that are the subject of the petition for waiver.

First Co.

National Comfort Products

[FR Doc. 2018-11543 Filed 5-29-18; 8:45 am]
 BILLING CODE 6450-01-P