[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Notices]
[Pages 24767-24778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11544]


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DEPARTMENT OF ENERGY

[Case No. 2017-013]


Notice of Petition for Waiver of GD Midea Heating & Ventilating 
Equipment Co., Ltd. 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 and 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 GD Midea Heating & Ventilating Equipment Co., Ltd. (GD 
Midea) seeking a waiver from the U.S. Department of Energy (DOE) test 
procedure for determining the efficiency of central air conditioners 
(CACs) and heat pumps (HPs). GD Midea seeks to use an alternate test 
procedure to address issues involved in testing certain basic models 
identified in its petition. According to GD Midea, the appendix M test 
procedure does not include a method for testing specified CAC and

[[Page 24768]]

HP basic models that use variable-speed compressors and are matched 
with a coil-only indoor unit (hereafter referred to as ``variable-speed 
coil-only single-split systems''). GD Midea requests that it be 
permitted to test its variable-speed coil-only single-split systems 
with the cooling full-load air volume rate used as both the cooling 
intermediate and minimum air volume rates, and the heating full-load 
air volume rate used as the heating intermediate air volume rate. This 
notice announces that DOE grants GD Midea an interim waiver from the 
DOE CAC and HP test procedure for its specified basic models, subject 
to use of the alternate test procedure as set forth in the Order. DOE 
solicits comments, data, and information concerning GD Midea's petition 
and the alternate test procedure.

DATES: DOE will accept comments, data, and information with respect to 
the GD Midea petition until June 29, 2018.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at http://www.regulations.gov. Follow 
the instructions for submitting comments. Alternatively, interested 
persons may submit comments, identified by case number ``2017-013'' and 
Docket number ``EERE-2017-BT-WAV-0060,'' 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. 2017-013] in the subject line of the message.
     Postal Mail: Ms. Lucy deButts, U.S. Department of Energy, 
Building Technologies Office, Mailstop EE-5B, Petition for Waiver Case 
No. 2017-013, 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.
    No telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section V of this document.
    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 http://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0060. The docket web page contains 
instruction on how to access all documents, including public comments, 
in the docket. See section V for information on how to submit comments 
through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of 
Energy, Building Technologies Program, Mail Stop EE-5B, Forrestal 
Building, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
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: 

I. Background and Authority

    Title III, Part B \1\ of the Energy Policy and Conservation Act of 
1975 (EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified) 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, which includes central air conditioners and heat 
pumps.\2\ Part B includes definitions, test procedures, labeling 
provisions, energy conservation standards, and the authority to require 
information and reports from manufacturers. Further, Part B requires 
the Secretary of Energy to prescribe test procedures that are 
reasonably designed to produce results that measure energy efficiency, 
energy use, or estimated operating costs during a representative 
average-use cycle, and that are not unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3)) The test procedure for central air conditioners and 
heat pumps is contained in 10 CFR part 430, subpart B, appendix M 
(referred to in this notice as ``appendix M'').
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated 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 115-
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).

II. GD Midea's Petition for Waiver of Test Procedure and Application 
for Interim Waiver

    On October 27, 2017, GD Midea filed a petition for waiver and an 
application for interim waiver from the CAC and HP test procedure set 
forth in appendix M. According to GD Midea, appendix M does not include 
provisions for determining cooling intermediate air volume rate, 
cooling minimum air volume rate, and heating intermediate air volume 
rate for its variable-speed coil-only single-split systems.

[[Page 24769]]

Consequently, GD Midea cannot test or rate these systems in accordance 
with the DOE test procedure. GD Midea stated that its variable-speed 
outdoor units are non-communicative systems (i.e., the outdoor unit 
does not communicate with the indoor unit) for which compressor speed 
varies based only on controls located on the outdoor unit and the 
indoor unit maintains a constant indoor blower fan speed.
    GD Midea seeks to use an alternate test procedure to test and rate 
specific CAC and HP basic models of its variable-speed coil-only 
single-split systems, which would specify the use of cooling full-load 
air volume rates as determined in section 3.1.4.1.1.c of appendix M as 
cooling intermediate and cooling minimum air volume rates, and would 
specify the use of heating full-load air volume rates as determined in 
section 3.1.4.4.1.a of appendix M as heating intermediate air volume 
rate.
    GD Midea also requests an interim waiver from the existing DOE test 
procedure. An interim waiver may be granted if it appears likely that 
the petition for waiver will be granted, and/or if DOE determines that 
it would be desirable for public policy reasons to grant immediate 
relief pending a determination of the petition for waiver. See 10 CFR 
430.27(e)(2).
    DOE understands that absent an interim waiver, the specified 
variable-speed coil-only single-split models that are subject of the 
waiver cannot be tested under the existing test procedure because 
appendix M does not include provisions for determining certain air 
volume rates for variable-speed coil-only single-split systems. Typical 
variable-speed single-split systems have a communicating system, i.e., 
the outdoor units and indoor units communicate and indoor unit air flow 
varies based on the operation of the outdoor unit. However, as 
presented in GD Midea's petition, its variable-speed outdoor units are 
non-communicative systems and the indoor blower section maintains a 
constant indoor blower fan speed.

III. 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 GD Midea in a subsequent Decision and Order.
    In its petition, GD Midea requests that specified basic models 
listed in the petition be tested according to the test procedure for 
central CACs and HPs prescribed by DOE at appendix M, except that for 
coil-only systems, the cooling full-load air volume rate is also used 
as the cooling intermediate and cooling minimum air volume rates, and 
the heating full-load air volume rate is used as the heating 
intermediate air volume rate.

IV. Summary of Grant of an Interim Waiver

    DOE has reviewed GD Midea's petition for interim waiver, the 
alternate procedure requested by GD Midea, and public-facing materials 
(e.g., marketing materials, product specification sheets, and 
installation manuals) for the units identified in its petition. The 
public-facing materials that DOE reviewed support GD Midea's assertion 
that the units it identifies are installed as variable-speed coil-only 
systems, in which the indoor fan speed remains constant at full and 
part-load operation. Since there is no variability in indoor fan speed, 
using the cooling full-load air volume rate for the cooling 
intermediate and cooling minimum air volume rates, and the heating full 
load air volume rate as the heating intermediate air volume rate 
appears appropriate. Based on this review, the alternate test procedure 
appears to allow for the accurate measurement of efficiency of these 
products, while alleviating the testing problems associated with GD 
Midea's implementation of CAC and HP testing for the basic models 
specified in GD Midea's petition. Consequently, GD Midea's petition for 
waiver will likely be granted. Furthermore, DOE has determined that it 
is desirable for public policy reasons to grant GD Midea immediate 
relief pending a determination on the petition for waiver. For the 
reasons stated above, DOE has granted an interim waiver to GD Midea for 
the specified CAC and HP basic models in GD Midea's petition.
    Therefore, DOE has issued an Order, stating:
    (1) GD Midea must test and rate the GD Midea Heating & Ventilating 
Equipment Co., Ltd brand and Bosch Thermotechnology Corp brand single-
split CAC and HP basic models MOVA-36HDN1-M18M and MOVA-60HDN1-M18M 
(which contain individual combinations that each consist of an outdoor 
unit that uses a variable speed compressor matched with a coil-only 
indoor unit, and is designed to operate as part of a non-communicative 
system in which the compressor speed varies based only on controls 
located in the outdoor unit and the indoor blower unit maintains a 
constant indoor blower fan speed), using the alternate test procedure 
set forth in paragraph (2).
    GD Midea basic models MOVA-36HDN1-M18M and MOVA-60HDN1-M18M include 
the following individual combinations listed by brand name:

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          GD Midea Heating & Ventilating Equipment Co., LTD (Brand)                               Bosch Thermotechnology Corp (Brand)
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     Basic model No.            Outdoor unit               Indoor unit             Basic model No.            Outdoor unit             Indoor unit
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     MOVA-36HDN1-M18M          MOVA-36HDN1-M18M                         MC**2430ANTMOVA-36HDN1-M18M          BOVA-36HDN1-M18M             BMA*2430ANTD
     MOVA-36HDN1-M18M          MOVA-36HDN1-M18M                         MC**2430BNTMOVA-36HDN1-M18M          BOVA-36HDN1-M18M             BMA*2430BNTD
     MOVA-36HDN1-M18M          MOVA-36HDN1-M18M                         MC**3036ANTMOVA-36HDN1-M18M          BOVA-36HDN1-M18M             BMA*3036ANTD
     MOVA-36HDN1-M18M          MOVA-36HDN1-M18M                         MC**3036BNTMOVA-36HDN1-M18M          BOVA-36HDN1-M18M             BMA*3036BNTD
     MOVA-36HDN1-M18M          MOVA-36HDN1-M18M                         MC**3036CNTMOVA-36HDN1-M18M          BOVA-36HDN1-M18M                 BMA*3036CNTD
     MOVA-60HDN1-M18M          MOVA-60HDN1-M18M                         MC**4248BNTMOVA-60HDN1-M18M          BOVA-60HDN1-M18M             BMA*4248BNTF
     MOVA-60HDN1-M18M          MOVA-60HDN1-M18M                         MC**4248CNTMOVA-60HDN1-M18M          BOVA-60HDN1-M18M                 BMA*4248CNTF
     MOVA-60HDN1-M18M          MOVA-60HDN1-M18M                         MC**4248DNTMOVA-60HDN1-M18M          BOVA-60HDN1-M18M             BMA*4248DNTF
     MOVA-60HDN1-M18M          MOVA-60HDN1-M18M                         MC**4860CNTMOVA-60HDN1-M18M          BOVA-60HDN1-M18M                 BMA*4860CNTF
     MOVA-60HDN1-M18M          MOVA-60HDN1-M18M                         MC**4860DNTMOVA-60HDN1-M18M          BOVA-60HDN1-M18M             BMA*4860DNTF
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    (2) The applicable method of test for the GD Midea basic models 
identified in paragraph (1) is the test procedure for CACs and HPs 
prescribed by DOE at 10 CFR part 430, subpart B, appendix M, except 
that, for coil-only combinations:

[[Page 24770]]

The cooling full-load air volume rate as determined in section 
3.1.4.1.1.c of appendix M shall also be used as the cooling 
intermediate and cooling minimum air volume rates, and the heating 
full-load air volume rate as determined in section 3.1.4.4.1.a of 
appendix M shall also be used as the heating intermediate air volume 
rate, as detailed below. All other requirements of appendix M and DOE's 
regulations remain applicable.
    In 3.1.4.2, Cooling Minimum Air Volume Rate, include:
    f. For ducted variable-speed compressor systems tested with a coil-
only indoor unit, the cooling minimum air volume rate is the same as 
the cooling full-load air volume rate determined in section 
3.1.4.1.1.c.
    In 3.1.4.3, Cooling Intermediate Air Volume Rate, include:
    d. For ducted variable-speed compressor systems tested with a coil-
only indoor unit, the cooling intermediate air volume rate is the same 
as the cooling full-load air volume rate determined in section 
3.1.4.1.1.c.
    In 3.1.4.6, Heating Intermediate Air Volume Rate, include:
    d. For ducted variable-speed compressor systems tested with a coil-
only indoor unit, the heating intermediate air volume rate is the same 
as the heating full-load air volume rate determined in section 
3.1.4.4.1.a.
    (3) Representations. GD Midea is permitted to make representations 
about the efficiency of basic models that meet the requirements of 
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 in the alternate test procedure 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 GC Midea on the condition that 
the statements, representations, and documentary materials provided by 
the petitioner are valid. If GD Midea makes any modifications to the 
controls or configurations of these basic models, the waiver would no 
longer be valid and GD Midea would either be required to use the 
current Federal test method or submit a new application for a test 
procedure waiver. DOE may revoke or modify this waiver at any time if 
it determines the factual basis underlying the petition for waiver is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of the basic models' true energy consumption 
characteristics.
    (6) Granting of this interim waiver does not release GD Midea from 
the certification requirements set forth at 10 CFR part 429.
    DOE makes decisions on waivers and interim waivers for only those 
basic models specifically set out in the petition, not future basic 
models that may be manufactured by the petitioner. GD Midea may submit 
a new or amended petition for waiver and request for grant of interim 
waiver, as appropriate, for additional basic models of central air 
conditioners and heat pumps. Alternatively, if appropriate, GD Midea 
may request that DOE extend the scope of a waiver or an interim waiver 
to include additional basic models employing the same technology as the 
basic model(s) set forth in the original petition consistent with 10 
CFR 430.27(g).

V. Request for Comments

    DOE is publishing GD Midea's petition for waiver in its entirety, 
pursuant to 10 CFR 430.27(b)(1)(iv). The petition did not identify any 
information as confidential business information. The petition includes 
a suggested alternate test procedure, as specified in section III of 
this notice, to determine the energy consumption of GD Midea's 
specified CAC and HP 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 alternate test procedure. 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 Jack Wang, Certification Engineer, GD Midea Heating & 
Ventilating Equipment Co., Ltd., Midea Industrial City, Beijiao, Shunde 
District Foshan, Guangdong, P.R.C. 528311, [email protected].
    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 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

[[Page 24771]]

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, Energy Efficiency and 
Renewable Energy.
BILLING CODE 6450-01-P

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[FR Doc. 2018-11544 Filed 5-29-18; 8:45 am]
 BILLING CODE 6450-01-C