[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Notices]
[Pages 30717-30726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14030]


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DEPARTMENT OF ENERGY

[Case Number 2018-003; EERE-2018-BT-WAV-0006]


Notice of Petition for Waiver of LG Electronics USA, Inc. From 
the Department of Energy Room Air Conditioner 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 document announces receipt of and publishes a petition 
for waiver from LG Electronics USA, Inc. (``LG''), which seeks an 
exemption from the U.S. Department of Energy (``DOE'') test procedure 
used for determining the efficiency of specified room air conditioner 
basic models. LG seeks to use an alternate test procedure to address 
issues involved in testing the basic models identified in its petition. 
According to LG, the current DOE test procedure for room air 
conditioners, which provides for testing at full-load performance only, 
does not take into account the benefits of room air conditioners that 
use variable-speed compressors (``variable speed air conditioners''), 
with their part-load performance characteristics, and misrepresents 
their actual energy consumption. LG requests that it be permitted to 
test the specified basic models at four rating conditions instead of a 
single rating condition and to calculate the test unit's weighted-
average combined energy efficiency ratio (CEER), which can then be 
compared to the expected performance of a comparable single-speed room 
air conditioner across the same four rating conditions. The performance 
improvement would be applied to the measured performance of the 
variable-speed room air conditioner when tested under the high-
temperature rating condition of the DOE test procedure for room air 
conditioners to determine the test unit's final rated CEER value. DOE 
grants LG an interim waiver from the DOE's room air conditioner test 
procedure for the specified basic models, subject to use of the 
alternate test procedure as set forth in the Interim Waiver Order. DOE 
solicits comments, data, and information concerning LG's petition and 
its suggested alternate test procedure to inform its final decision on 
LG's waiver request.

DATES: Written comments and information are requested and will be 
accepted on or before July 30, 2018.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at http://www.regulations.gov. 
Alternatively, interested persons may submit comments, identified by 
case number ``2018-003'', and Docket number ``EERE-2018-BT-WAV-0006,'' 
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. 2018-003] in the subject line of the message.
     Postal Mail: Ms. Lucy deButts, U.S. Department of Energy, 
Office of Energy Efficiency and Renewable Energy, Building Technologies 
Office, Mailstop EE-5B, Petition for Waiver Case No. 2018-003, 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, Room 6046, Washington, DC 20024. 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-2018-BT-WAV-0006. The docket web page contains simple 
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, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, Mailstop 
EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. E-mail: 
[email protected].
    Sarah Butler, 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) 586-1777. E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Authority

    The Energy Policy and Conservation Act of 1975 (``EPCA'' or ``the 
Act''),\1\ Public Law 94-163 (42 U.S.C. 6291-6317, as codified), among 
other things, authorizes DOE to regulate the energy efficiency of a 
number of consumer products and industrial equipment. Title III, Part B 
\2\ of EPCA established the Energy Conservation Program for Consumer 
Products Other Than Automobiles, a program that includes room air 
conditioners, which are the subject of this document. (42 U.S.C. 
6292(a)(2)).
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    \1\ 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).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
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    DOE regulations set forth at 10 CFR 430.27 contain provisions that 
allow any interested person to seek a waiver from test procedure 
requirements for a particular basic model 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

[[Page 30718]]

430.27(f)(2). 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 characteristics. 10 
CFR 430.27(b)(1)(iii).
    DOE may grant the 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. 10 CFR 430.27(l). As soon thereafter as practicable, DOE will 
publish in the Federal Register a final rule. Id.
    The waiver process also provides that DOE may grant an interim 
waiver if it appears likely that the underlying 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 underlying 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. LG's Petition for Waiver and Petition for Interim Waiver

    On April 6, 2018, LG filed a petition for waiver and a petition for 
interim waiver from the test procedure applicable to room air 
conditioners set forth in appendix F. According to LG, the current DOE 
test procedure for room air conditioners, which provides for testing at 
full-load performance only (i.e., at a single indoor and high-
temperature outdoor operating condition), does not take into account 
the benefits of variable-speed room air conditioners, with their part-
load performance characteristics, and misrepresents their actual energy 
consumption.\3\ Appendix F requires room air conditioners be tested 
only with full-load performance, in part, as a result of DOE having 
previously concluded that widespread use of part-load technology in 
room air conditioners was not likely to be stimulated by the 
development of a part-load metric. 76 FR 972, 1016 (January 6, 2011).
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    \3\ The specific basic models for which the petition applies are 
room air conditioner basic models LG LW2217IVSM, LG LW1817IVSM, and 
LG LW1517IVSM. These basic model names were provided by LG in its 
April 6, 2018 petition.
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    LG states that variable-speed room air conditioners use frequency 
controls constantly to adjust the compressor rotation speed to maintain 
the desired temperature in the home without turning the motor on and 
off; that the compressor responds automatically to surrounding 
conditions to operate in the most efficient possible manner; and that 
this results in both dramatic energy savings and faster cooling 
compared to a room air conditioner without a variable-speed compressor. 
LG asserted that this ability to adjust to conditions results in both 
dramatic energy savings and faster cooling compared to products room 
air conditioners without variable-speed compressors. LG further stated 
that variable-speed room air conditioners also have a higher/lower 
operating range (10 Hz to 120 Hz). LG asserts that because the DOE test 
procedure does not account for part-load characteristics, the results 
of the test procedure are not representative of the actual energy 
consumption of variable-speed room air conditioners.
    LG also requests an interim waiver from the existing DOE test 
procedure. 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 of the petition for waiver. See 10 CFR 
430.27(e)(2).
    DOE understands that, absent an interim waiver, the test procedure 
does not accurately measure the energy consumption of variable-speed 
room air conditioners, and without waiver relief, the part-load 
characteristics of the basic models identified in LG's petition would 
not be captured.

III. Requested Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures when 
making 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 LG in a subsequent Decision and Order.
    In its petition, LG requests testing the basic models listed in the 
petition according to the test procedure for room air conditioners 
prescribed by DOE in appendix F, except that the variable-speed room 
air conditioner would be tested at four rating conditions instead of a 
single rating condition. The suggested test conditions are presented in 
Table III.1.

         Table III.1--Indoor and Outdoor Inlet Air Test Conditions--Variable-Speed Room Air Conditioners
----------------------------------------------------------------------------------------------------------------
                               Evaporator inlet air, [deg]F     Condenser inlet air, [deg]F
       Test condition        ----------------------------------------------------------------  Compressor  speed
                                 Dry bulb        Wet bulb        Dry bulb        Wet bulb
----------------------------------------------------------------------------------------------------------------
Test Condition 1............              80              67              95              75  Maximum.
Test Condition 2............              80              67              92            72.5  Maximum.
Test Condition 3............              80              67              87              69  Intermediate.
Test Condition 4............              80              67              82              65  Minimum.
----------------------------------------------------------------------------------------------------------------

    Under the suggested test procedure, the test unit's weighted-
average combined energy efficiency ratio (CEER) metric is calculated 
from the individual CEER values obtained at the four rating conditions, 
with the weighting factors derived from the fractional temperature bin 
hours for each rating temperature provided in Table 19 of DOE's test

[[Page 30719]]

procedure for central air conditioners (10 CFR part 430, subpart B, 
appendix M (``appendix M'')). This weighted-average value is adjusted 
to normalize it against the expected weighted-average CEER under the 
same four rating conditions of a comparable single-speed room air 
conditioner that has the same performance as the variable-speed test 
unit at the 95 degree Fahrenheit ([deg]F) test condition but differing 
performance at the other rating conditions due to optimization of the 
refrigeration system efficiency through compressor speed adjustments to 
better match the cooling load and eliminate cycling losses. This 
average performance improvement resulting from the implementation of a 
variable-speed compressor across multiple rating conditions would then 
be applied to the measured performance of the variable-speed room air 
conditioner when tested at the 95 [deg]F rating condition according to 
appendix F to determine the test unit's final rated CEER value. LG 
states that this approach takes into account performance and efficiency 
improvements associated with variable-speed room air conditioners as 
compared to room air conditioners with single-speed compressors and 
isolates the effects just attributable to the variable speed operation.

IV. Grant of an Interim Waiver

    DOE has reviewed the marketing materials, website, and brochure for 
the specific basic models for which this petition applies. The 
materials that DOE reviewed support LG's assertion of the part-load 
characteristics of the variable-speed room air conditioners and that 
the DOE test procedure may evaluate the basic models in a manner 
unrepresentative of their true energy consumption characteristics. In 
particular, the DOE test procedure does not capture the relative 
efficiency improvements that can be achieved by variable-speed room air 
conditioners over a range of operating conditions compared to single-
speed room air conditioners. In the absence of an alternate test 
procedure, the CEER values of variable-speed room air conditioners 
would suggest that such room air conditioners would consume at least as 
much energy annually as a comparable single-speed room air conditioner, 
despite the anticipated benefits of improved performance under part-
load conditions. Furthermore, DOE has reviewed the alternate procedure 
suggested by LG, along with additional performance modeling and 
analysis performed by DOE using rating conditions specified in an 
industry standard for single-package air conditioning equipment with 
variable speed compressors, American National Standards Institute 
(``ANSI'')/Air-Conditioning, Heating, and Refrigeration Institute 
(``AHRI'') Standard 210/240:2008, ``Performance Rating of Unitary Air-
Conditioning & Air-Source Heat Pump Equipment.'' Based on this review 
it appears that the suggested alternate test procedure, with additional 
specification regarding the required compressor speeds,\4\ will allow 
for a more accurate measurement of efficiency of the specified basic 
models of variable-speed room air conditioners, while alleviating the 
testing problems associated with LG's implementation of room air 
conditioner testing for the basic models specified in its petition. 
Specifically, the suggested alternate test procedure will produce CEER 
values for the variable-speed room air conditioners under the DOE test 
procedure's existing rating condition that will more accurately reflect 
the average performance improvement associated with variable-speed 
compressors at differing operating conditions (i.e., optimization of 
the refrigeration system efficiency through compressor speed 
adjustments to better match the cooling load and eliminate cycling 
losses), as compared to the performance changes that comparable single-
speed room air conditioners would experience under those same 
conditions. Consequently, it appears likely that LG's petition for 
waiver will be granted. Furthermore, DOE has determined that it is 
desirable for public policy reasons to grant LG immediate relief 
pending a determination of the petition for waiver.
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    \4\ DOE derived the specification for determining the 
intermediate compressor speed from the DOE test procedure provisions 
for central air conditioners with variable-speed compressors 
(section 3.2.4.a of appendix M of 10 CFR part 430 subpart B).
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    For the reasons stated, DOE has granted an interim waiver to LG for 
the specified room air conditioner basic models in LG's petition.
    Therefore, DOE has issued an Order, stating:
    (1) LG must test and rate the following room air conditioner basic 
models with the alternate test procedure set forth in paragraph (2):

(A) LG LW2217IVSM, LG LW1817IVSM, and LG LW1517IVSM

    (2) The alternate test procedure for the LG basic models listed in 
subparagraph (1)(A) is the test procedure for room air conditioners 
prescribed by DOE at appendix F to subpart B of 10 CFR part 430 
(Appendix F), except the combined energy efficiency ratio (CEER) will 
be determined as detailed below. All other requirements of Appendix F 
and DOE's regulations remain applicable.
    In Section 1, Definitions, add:
    1.8 ``Single-speed'' means a type of room air conditioner that does 
not automatically adjust either the compressor or fan speed, or both, 
based on the detected outdoor conditions.
    1.9 ``Variable-speed'' means a type of room air conditioner that 
can automatically adjust compressor and fan speed, only compressor 
speed, or only fan speed, based on the detected outdoor conditions.
    Add to the end of Section 2.1 Cooling:
    For a variable-speed room air conditioner, the cooling mode test 
shall be repeated 3 additional times with alternate outdoor test 
conditions, as described in section 3.1 of this appendix. For a 
variable-speed room air conditioner, a psychrometric chamber may 
alternatively be used in accordance with ANSI/ASHRAE Standard 37-2009 
(incorporated by reference; see Sec.  430.3), in place of a calorimeter 
chamber, which is required in accordance with appendix F. If using the 
psychrometric chamber approach, set-up and instrument the variable-
speed room air conditioner in accordance with Section 5 and Section 6 
of ANSI/ASHRAE Standard 37-2009, measure the indoor cooling capacity in 
accordance with Section 7.3 of ANSI/ASHRAE Standard 37-2009, and 
measure the average electrical input power in Watts at the nameplate 
voltage for each of the rating test condition.
    Add to the end of Section 3.1, Cooling mode:
    However, for variable-speed room air conditioners, the set of four 
cooling mode tests shall be conducted with the following test 
conditions, presented in Table 1 of this appendix.

[[Page 30720]]



           Table 1--Indoor and Outdoor Inlet Air Test Conditions--Variable-Speed Room Air Conditioners
----------------------------------------------------------------------------------------------------------------
                               Evaporator inlet air, [deg]F     Condenser inlet air, [deg]F
       Test condition        ----------------------------------------------------------------  Compressor  speed
                                 Dry bulb        Wet bulb        Dry bulb        Wet bulb
----------------------------------------------------------------------------------------------------------------
Test Condition 1............              80              67              95              75  Maximum.
Test Condition 2............              80              67              92            72.5  Maximum.
Test Condition 3............              80              67              87              69  Intermediate.
Test Condition 4............              80              67              82              65  Minimum.
----------------------------------------------------------------------------------------------------------------

    Determine the intermediate compressor speed cited in Table 1 using:
    [GRAPHIC] [TIFF OMITTED] TN29JN18.000
    
where a tolerance of plus 5 percent or the next higher inverter 
frequency step from that calculated is allowed.
    Add to the end of Section 4.1, Cooling mode:
    If using the psychrometric chamber approach for a variable-speed 
room air conditioner, measure the indoor cooling capacity in accordance 
with Section 7.3 of ANSI/ASHRAE Standard 37-2009 and measured power 
input in cooling mode in accordance with Section 5.4 of ANSI/ASHRAE 
Standard 37-2009.
    Add to the end of Section 5.1:
    For variable-speed room air conditioners, determine cooling 
capacity, Capacitym, for each of the four cooling mode 
rating test conditions. Notwithstanding the requirements of Sec.  
430.23(f), the cooling capacity used in Sec.  430.23(f) and reported in 
Sec.  429.15(b)(2) shall be the cooling capacity determined for test 
condition 1 in Table 1 of this appendix.
    Add to the end of Section 5.2:
    For variable-speed room air conditioners, determine electrical 
power input, Pm, for each of the four cooling mode rating 
test conditions. Notwithstanding the requirements of Sec.  430.23(f), 
the electrical power input used in Sec.  430.23(f) and reported in 
Sec.  429.15(b)(2) shall be the value measured for test condition 1 in 
Table 1 of this appendix.
    Add following Section 5.3, Standby mode and off mode annual energy 
consumption:
    5.4 Variable-speed room air conditioner combined energy efficiency 
ratio. Calculate the combined energy efficiency ratio for variable-
speed room air conditioners as follows, which shall be the combined 
energy efficiency ratio reported in Sec.  429.15(b)(2) for variable-
speed room air conditioners.
    5.4.1 Comparable single-speed room air conditioner. Calculate the 
cooling capacity, expressed in British thermal units per hour (Btu/h), 
and electrical power input, expressed in watts, for a comparable 
single-speed room air conditioner at all cooling mode test conditions. 
A comparable single-speed room air conditioner has the same cooling 
capacity and electrical power input, with no cycling losses, as the 
variable-speed room air conditioner under test at test condition 1 in 
Table 1.

CapacitySS_m = Capacity95 x (1 + (Mc x 
(T95 - Tm)))

PSS_m = P95 x (1 - (Mp x 
(T95 - Tm)))

Where:

CapacitySS_m = comparable single-speed room air 
conditioner cooling capacity, in Btu/h, calculated for each of the 
cooling mode test conditions in Table 1.
Capacity95 = variable-speed room air conditioner cooling 
capacity, in Btu/h, determined in section 5.1 of this appendix for 
test condition 1 in Table 1.
PSS_m = comparable single-speed room air conditioner 
electrical power input, in watts, calculated for each of the cooling 
mode test conditions in Table 1.
P95 = variable-speed room air conditioner electrical 
power input, in watts, determined in section 5.2 of this appendix 
for test condition 1 in Table 1.
Mc = adjustment factor to determine the increased 
capacity at lower outdoor test conditions, 0.0099.
Mp = adjustment factor to determine the reduced 
electrical power input at lower outdoor test conditions, 0.0076.
T95 = outdoor dry-bulb temperature for test condition 1 
in Table 1, 95 [deg]F.
Tm = outdoor dry-bulb temperature for each of the test 
conditions in Table 1.
m represents the cooling mode test condition (``95'' test condition 
1 (95 [deg]F), ``92'' test condition 2 (92 [deg]F), ``87'' test 
condition 3 (87 [deg]F), and ``82'' test condition 4 (82 [deg]F)).

    5.4.2 Variable-speed annual energy consumption for cooling mode at 
each cooling mode test condition. Calculate the annual energy 
consumption for cooling mode under each test condition, 
AECm, expressed in kilowatt-hours per year (kWh/year).

AECm = Pm x t x k

Where:

AECm = variable-speed room air conditioner annual energy 
consumption, in kWh/year, in cooling mode for each test condition in 
Table 1.
Pm = electrical power input, in watts, in cooling mode 
for each test condition in Table 1.
m as defined in section 5.4.1 of this appendix.
t = number of annual operating hours in cooling mode, 750.
k = 0.001 kWh/Wh conversion factor from watt-hours to kilowatt-
hours.

    5.4.3 Comparable single-speed room air conditioner annual energy 
consumption for cooling mode at each cooling mode test condition. 
Calculate the annual energy consumption for a comparable single-speed 
room air conditioner for cooling mode under each test condition, 
AECSS_m, expressed in kWh/year.

AECSS\m = PSS\m x t x k

Where:

AECSS_m = comparable single-speed room air conditioner 
annual energy consumption, in kWh/year, in cooling mode for each 
test condition in Table 1.
PSS_m = comparable single-speed room air conditioner 
electrical power input, in watts, in cooling mode for each test 
condition in Table 1, determined in section 5.4.1 of this appendix.
m as defined in section 5.4.1 of this appendix.
t and k as defined in section 5.4.2 of this appendix.

    5.4.4 Variable-speed room air conditioner combined energy 
efficiency ratio at each cooling mode test condition. Calculate the 
variable-speed room air conditioner combined energy

[[Page 30721]]

efficiency ratio, CEERm, for each test condition, expressed 
in Btu/Wh.
[GRAPHIC] [TIFF OMITTED] TN29JN18.001

Where:

CEERm = variable-speed room air conditioner combined 
energy efficiency ratio, in Btu/Wh, for each test condition in Table 
1.
Capacitym = variable-speed room air conditioner cooling 
capacity, in Btu/h, for each test condition in Table 1, determined 
in section 5.1 of this appendix.
AECm = variable-speed room air conditioner annual energy 
consumption, in kWh/yr, in cooling mode for each test condition in 
Table 1, determined in section 5.4.2 of this appendix.
ETSO = standby mode and off mode annual energy 
consumption for room air conditioners, in kWh/year, determined in 
section 5.3 of this appendix.
m as defined in section 5.4.1 of this appendix.
t and k as defined in section 5.4.2 of this appendix.

    5.4.5 Comparable single-speed room air conditioner combined energy 
efficiency ratio at each cooling mode test condition. Calculate the 
combined energy efficiency ratio for a comparable single-speed room air 
conditioner, CEERSS_m, for each test condition, expressed in 
Btu/Wh.
[GRAPHIC] [TIFF OMITTED] TN29JN18.002

Where:

CEERSS_m = comparable single-speed room air conditioner 
combined energy efficiency ratio, in Btu/Wh, for each test condition 
in Table 1.
CapacitySS_m = comparable single-speed room air 
conditioner cooling capacity, in Btu/h, for each test condition in 
Table 1, in Btu/h, determined in section 5.4.1 of this appendix.
AECSS_m = comparable single-speed room air conditioner 
annual energy consumption for each test condition in Table 1, in 
kWh/year, determined in section 5.4.3 of this appendix.
ETSO = standby mode and off mode annual energy 
consumption for room air conditioners, in kWh/year, determined in 
section 5.3 of this appendix.
m as defined in section 5.4.1 of this appendix.
t and k as defined in section 5.4.2 of this appendix.

    5.4.6 Comparable single-speed room air conditioner adjusted 
combined energy efficiency ratio for each cooling mode test condition. 
Calculate the adjusted combined energy efficiency ratio for a 
comparable single-speed room air conditioner, CEERSS_m_adj, 
with cycling losses considered, expressed in Btu/Wh.

CEERSS\m\adj = CEERSS\m x CLFm

Where:

CEERSS_m_adj = comparable single-speed room air 
conditioner adjusted combined energy efficiency ratio, in Btu/Wh, 
for each test condition in Table 1.
CEERSS_m = comparable single-speed room air conditioner 
adjusted combined energy efficiency ratio, in Btu/Wh, for each test 
condition in Table 1, determined in section 5.4.5 of this appendix.
CLFm = cycling loss factor for each cooling mode test 
condition, 1 for test condition 1, 0.971 for test condition 2, 0.923 
for test condition 3, and 0.875 for test condition 4.
m as defined in section 5.4.1 of this appendix.

    5.4.7 Weighted combined energy efficiency ratio. Calculate the 
weighted combined energy efficiency ratio for the variable-speed room 
air conditioner, CEERwt, and comparable single-speed room 
air conditioner, CEERSS_wt, expressed in Btu/Wh.
[GRAPHIC] [TIFF OMITTED] TN29JN18.003

Where:

CEERwt = variable-speed room air conditioner weighted 
combined energy efficiency ratio, in Btu/Wh.
CEERSS_wt = comparable single-speed room air conditioner 
weighted combined energy efficiency ratio, in Btu/Wh.
CEERm = variable-speed room air conditioner combined 
energy efficiency ratio, in Btu/Wh, at each test condition in Table 
1, determined in section 5.4.4 of this appendix.
CEERSS_m_adj = comparable single-speed room air 
conditioner adjusted combined energy efficiency ratio, in Btu/Wh, at 
each test condition in Table 1, determined in section 5.4.6 of this 
appendix.
Wm = weighting factors for each cooling mode test 
condition, 0.05 for test condition 1, 0.16 for test condition 2, 
0.31 for test condition 3, and 0.48 for test condition 4.
m as defined in section 5.4.1 of this appendix.

    5.4.8 Variable-speed room air conditioner performance adjustment 
factor. Calculate the variable-speed room air conditioner performance 
adjustment factor, Fp.
[GRAPHIC] [TIFF OMITTED] TN29JN18.004

Where:

Fp = variable-speed room air conditioner performance 
adjustment factor.
CEERwt = variable-speed room air conditioner weighted 
combined energy efficiency ratio, in Btu/Wh, determined in section 
5.4.7 of this appendix.
CEERSS_wt = comparable single-speed room air conditioner 
weighted combined energy efficiency ratio, in Btu/Wh, determined in 
section 5.4.7 of this appendix

    5.4.9 Variable-speed room air conditioner CEER. For variable-speed 
room air conditioners, multiply the combined energy efficiency ratio, 
CEER, expressed in Btu/Wh, determined in Sec.  430.23(f) by (1 + 
Fp) to obtain the final CEER for variable speed room air 
conditioners.


[[Page 30722]]


Where:

Fp = variable-speed room air conditioner performance 
adjustment factor, determined in section 5.4.8 of this appendix.''
    (3) Representations. LG may not make representations about the 
energy efficiency of the basic models identified in paragraph (1) for 
compliance, marketing, or other purposes unless the basic models have 
been tested in accordance with the provisions in the alternate test 
procedure and such representations fairly disclose the results of such 
testing in accordance with 10 CFR 429.15(a).
    (4) This interim waiver shall remain in effect according to the 
provisions of 10 CFR 430.27.
    (5) This interim waiver is issued to LG on the condition that the 
statements, representations, and information provided by LG are valid. 
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. 10 CFR 
430.27(k)(1). Likewise, LG may request that DOE rescind or modify the 
interim waiver if LG discovers an error in the information provided to 
DOE as part of its petition, determines that the interim waiver is no 
longer needed, or for other appropriate reasons. 10 CFR 430.27(k)(2).
    (6) Granting of this interim waiver does not release LG 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 models 
that may be manufactured by the petitioner. LG may submit a new or 
amended petition for waiver and request for grant of interim waiver, as 
appropriate, for additional basic models of room air conditioners. 
Alternatively, if appropriate, LG 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 models set forth in the 
original petition consistent with 10 CFR 430.27(g).

V. Request for Comments

    DOE is publishing LG's petition for waiver in its entirety, 
pursuant to 10 CFR 430.27(b)(1)(iv).\5\ The petition includes a 
suggested alternate test procedure, as specified in the petition and 
summarized in section III of this document, to determine the efficiency 
of LG's specified room air conditioners. DOE may consider including the 
alternate procedure specified in the Interim Waiver Order, specified in 
section IV of this document, in a subsequent Decision and Order.
---------------------------------------------------------------------------

    \5\ The petition did not identify any of the information 
contained therein as confidential business information.
---------------------------------------------------------------------------

    DOE invites all interested parties to submit in writing by July 30, 
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 Scott Blake Harris, Harris, Wiltshire & Grannis LLP, 1919 
M Street NW, Eighth Floor, 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 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

[[Page 30723]]

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 June 22, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, 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 Room Air Conditioners

Petition of LG Electronics, Inc. for Waiver and Application for Interim 
Waiver of Test Procedure for Room Air Conditioners

    LG Electronics, Inc. (LG) respectfully submits this Petition for 
Waiver and Application for Interim Waiver \1\ from DOE's test procedure 
for room air conditioners (RACs). LG seeks a waiver because the current 
test procedure does not accurately measure the energy consumption of 
RACs with variable speed compressors (VSCs). LG requests expedited 
treatment of the Petition and Application.
---------------------------------------------------------------------------

    \1\ See 10 C.F.R. Sec.  430.27 (petitions for waiver and interim 
waiver).
---------------------------------------------------------------------------

    LG is a manufacturer of room air conditioners and other products 
sold worldwide, including in the United States. LG's United States 
affiliate is LG Electronics USA, Inc., with headquarters at 1000 Sylvan 
Avenue, Englewood Cliffs, NJ 07632 (tel. 201-816-2000). Its worldwide 
headquarters are located at LG Twin Towers 20, Yoido-dong, Youngdungpo-
gu Seoul, Korea 150-721; (tel. 011-82-2-3777-1114); URL: 
http.www.LGE.com.

I. Basic Models for Which a Waiver is Requested

    The basic models for which a waiver is requested are set forth in 
the Appendix. They are distributed in commerce under the LG brand name.

II. Need for the Requested Waiver

    The LG RACs with VSC technology are advanced, energy efficient 
products. A VSC (inverter compressor) uses frequency controls 
constantly to adjust the compressor's rotation speed to maintain the 
desired temperature in the home without turning the motor on and off. 
The compressor responds automatically to surrounding conditions to 
operate in the most efficient possible manner. This results in both 
dramatic energy savings and faster cooling compared to products without 
VSCs. RACs with VSCs also have a higher/lower operating range (10Hz to 
120Hz) than those without VSC.\2\
---------------------------------------------------------------------------

    \2\ To the best of LG's knowledge, LG is the only manufacturer 
of RAC basic models distributed in commerce in the United States to 
incorporate design characteristic(s) similar to those found in the 
basic models that are the subject of this petition, namely, RAC VSC 
technology.
---------------------------------------------------------------------------

    Unfortunately, the current DOE test procedure for RACs provides 
that they be tested only with full-load performance.\3\ Thus, the RAC 
test procedure does not take into account the benefits of VSC, with its 
part-load performance characteristics. This is unlike the DOE test 
procedure for central air conditioners, which provides for testing with 
part-load performance for VSCs.
---------------------------------------------------------------------------

    \3\ 10 C.F.R. Part 430, Subpart B, Appendix F.
---------------------------------------------------------------------------

    DOE has recognized this serious shortcoming in its RAC test 
procedure. It has stated that this test procedure ``does not measure 
the benefits of technologies that improve part-load performance.'' \4\
---------------------------------------------------------------------------

    \4\ 80 Fed. Reg. 34843, 34848 (June 18, 2015).

    The current room AC test procedure measures only the full-load 
performance at outdoor ambient conditions of 95 [deg]F dry-bulb and 
75 [deg]F wet-bulb. Therefore, technologies that improve part-load 
performance, such as multiple-speed compressors and variable-opening 
expansion devices, will not improve the rated performance of a room 
AC under the current test procedure.'' \5\
---------------------------------------------------------------------------

    \5\ Id.

Indeed, DOE has correctly stressed that, ``[i]n contrast, central ACs 
and heat pumps are rated using multiple rating points at different 
conditions.'' \6\ Finally, DOE has said it intends to investigate 
potential revision of the test procedure ``to account for any benefits 
of technologies that improve part-load performance.'' \7\
---------------------------------------------------------------------------

    \6\ Id.
    \7\ Id.
---------------------------------------------------------------------------

    At the moment, however, the DOE test procedure for RACs does not 
include any provision to account for the benefits of the part-load 
performance of VSCs. Therefore, the test procedure evaluates the LG 
models with VSCs in a manner that misrepresents their actual energy 
consumption. LG urges that a waiver be granted, for the basic models in 
the Appendix, that will allow use of the alternate test procedure 
discussed below. The test procedure is designed to take into account 
the energy savings characteristics of VSCs, and will yield results more 
representative of the actual energy consumption of these products than 
the current DOE test procedure. And the rules provide that DOE ``will 
grant a waiver from the test procedure requirements'' in these 
circumstances.\8\ The waiver should continue until DOE adopts an 
applicable amended test procedure.
---------------------------------------------------------------------------

    \8\ 10 C.F.R. Sec.  430.27(f)(2).
---------------------------------------------------------------------------

III. Proposed Alternate Test Procedure

    LG proposes the following alternate test procedure to evaluate the 
performance of the basic models listed in the Appendix. The alternate 
test procedure is the same as the existing test procedure for RACs 
except that it takes into account VSC part-load characteristics. It 
does so by providing for tests at a variety of load conditions. 
Specifically:
    LG shall be required to test the performance of the basic models 
listed in the Appendix hereto according to the test procedure for room 
air conditioners in 10 C.F.R. Part 430, Subpart B, Appendix F, except 
as follows:

Add new Sections 1.8 and 1.9 to Appendix F as follows:

    ``1.8 ``Single-speed'' means a type of room air conditioner that 
does not automatically adjust either the compressor or fan speed, or 
both, based on the detected outdoor conditions.
    1.9 ``Variable-speed'' means a type of room air conditioner that 
can automatically adjust compressor and fan speed, only compressor 
speed, or only fan speed, based on the detected outdoor conditions.''

Add the following at the end of Section 2.1 of Appendix F:

    ``For a variable-speed room air conditioner, the cooling mode test 
shall

[[Page 30724]]

be repeated 3 additional times with alternate outdoor test conditions, 
as described in section 3.1 of this appendix. For a variable-speed room 
air conditioner, a psychrometric chamber may alternatively be used in 
place of a calorimeter chamber, in accordance with ANSI/ASHRAE Standard 
37-2009 (incorporated by reference; see Sec.  430.3). If using the 
psychrometric chamber approach, set-up and instrument the variable-
speed room air conditioner in accordance with Section 5 and Section 6 
of ANSI/ASHRAE Standard 37-2009, measure the indoor cooling capacity in 
accordance with Section 7.3 of ANSI/ASHRAE Standard 37-2009, and 
measure the average electrical input power in Watts at the nameplate 
voltage for each of the rating test condition.''

Add the following at the end of Section 3.1 of Appendix F:

    ``, except, for variable-speed room air conditioners, the set of 
four cooling mode tests shall be conducted with the following test 
conditions, presented in Table 1 of this appendix.

           Table 1--Indoor and Outdoor Inlet Air Test Conditions--Variable-Speed Room Air Conditioners
----------------------------------------------------------------------------------------------------------------
                               Evaporator inlet air, [deg]F     Condenser inlet air, [deg]F
       Test condition        ----------------------------------------------------------------  Compressor speed
                                 Dry bulb        Wet bulb        Dry bulb        Wet bulb
----------------------------------------------------------------------------------------------------------------
Test Condition 1............              80              67              95              75  Maximum.
Test Condition 2............              80              67              92            72.5  Maximum.
Test Condition 3............              80              67              87              69  Intermediate.
Test Condition 4............              80              67              82              65  Minimum.
----------------------------------------------------------------------------------------------------------------

Add the following at the end of Section 4.1 of Appendix F:

    ``If using the psychrometric chamber approach for a variable-speed 
room air conditioner, measure the indoor cooling capacity in accordance 
with Section 7.3 of ANSI/ASHRAE Standard 37-2009 and measured power 
input in cooling mode in accordance with Section 5.4 of ANSI/ASHRAE 
Standard 37-2009.''

Add the following at the end of Section 5.1 of Appendix F:

    ``For variable-speed room air conditioners, determine cooling 
capacity, Capacitym, for each of the four cooling mode 
rating test conditions. The cooling capacity used in Sec.  430.23(f) 
and reported in Sec.  429.15(b)(2) shall be the cooling capacity 
determined for test condition 1 in Table 1 of this appendix.

Add the following at the end of Section 5.2 of Appendix F:

    ``For variable-speed room air conditioners, determine electrical 
power input, Pm, for each of the four cooling mode rating 
test conditions, and the electrical power input used in Sec.  430.23(f) 
shall be the value measured for test condition 1 in Table 1 of this 
appendix.''

Add the following after Section 5.3 of Appendix F:

    ``5.4 Variable-speed room air conditioner combined energy 
efficiency ratio. Calculate the combined energy efficiency ratio for 
variable-speed room air conditioners as follows, which shall be the 
combined energy efficiency ratio reported in Sec.  429.15(b)(2) for 
variable-speed room air conditioners.
    5.4.1 Comparable single-speed room air conditioner. Calculate the 
cooling capacity, expressed in British thermal units per hour (Btu/h), 
and electrical power input, expressed in watts, for a comparable 
single-speed room air conditioner at all cooling mode test conditions.

CapacitySS_m = Capacity95 x (1 + (Mc x 
(T95-Tm)))

PSS_m = P95 x (1--(Mp x 
(T95--Tm)))

Where:

CapacitySS_m = comparable single-speed room air 
conditioner cooling capacity, in Btu/h, calculated for each of the 
cooling mode test conditions in Table 1.
Capacity95 = variable-speed room air conditioner cooling 
capacity, in Btu/h, determined in section 5.1 of this appendix for 
test condition 1 in Table 1.
PSS_m = comparable single-speed room air conditioner 
electrical power input, in watts, calculated for each of the cooling 
mode test conditions in Table 1.
P95 = variable-speed room air conditioner electrical 
power input, in watts, determined in section 5.2 of this appendix 
for test condition 1 in Table 1.
Mc = adjustment factor to determine the increased 
capacity at lower outdoor test conditions, 0.0099.
Mp = adjustment factor to determine the reduced 
electrical power input at lower outdoor test conditions, 0.0076.
T95 = outdoor dry-bulb temperature for test condition 1 
in Table 1, 95 [deg]F.
Tm = outdoor dry-bulb temperature for each of the test 
conditions in Table 1.
m represents the cooling mode test condition (``95'' test condition 
1 (95 [deg]F), ``92'' test condition 2 (92 [deg]F), ``87'' test 
condition 3 (87 [deg]F), and ``82'' test condition 4 (82 [deg]F)).

    5.4.2 Variable-speed annual energy consumption for cooling mode at 
each cooling mode test condition. Calculate the annual energy 
consumption for cooling mode under each test condition, 
AECm, expressed in kilowatt-hours per year (kWh/year).

AECm = Pm x t x k

Where:

AECm = variable-speed room air conditioner annual energy 
consumption, in kWh/year, in cooling mode for each test condition in 
Table 1.
Pm = electrical power input, in watts, in cooling mode 
for each test condition in Table 1.
m as defined in section 5.4.1 of this appendix.
t = number of annual operating hours in cooling mode, 750.
k = 0.001 kWh/Wh conversion factor from watt-hours to kilowatt-
hours.

    5.4.3 Comparable single-speed room air conditioner annual energy 
consumption for cooling mode at each cooling mode test condition. 
Calculate the annual energy consumption for a comparable single-speed 
room air conditioner for cooling mode under each test condition, 
AECSS_m, expressed in kWh/year.

AECss_m x t x k

Where:

AECSS_m = comparable single-speed room air conditioner 
annual energy consumption, in kWh/year, in cooling mode for each 
test condition in Table 1.
PSS_m = comparable single-speed room air conditioner 
electrical power input, in watts, in cooling mode for each test 
condition in Table 1, determined in section 5.4.1 of this appendix.
m as defined in section 5.4.1 of this appendix.
t and k as defined in section 5.4.2 of this appendix.

    5.4.4 Variable-speed room air conditioner combined energy 
efficiency ratio at each cooling mode test condition. Calculate the 
variable-speed room air conditioner combined energy efficiency ratio, 
CEERm, for each test condition, expressed in Btu/Wh.

[[Page 30725]]

[GRAPHIC] [TIFF OMITTED] TN29JN18.005

Where:

CEERm = variable-speed room air conditioner combined 
energy efficiency ratio, in Btu/Wh, for each test condition in Table 
1.
Capacitym = variable-speed room air conditioner cooling 
capacity, in Btu/h, for each test condition in Table 1, determined 
in section 5.1 of this appendix.
AECm = variable-speed room air conditioner annual energy 
consumption, in kWh/yr, in cooling mode for each test condition in 
Table 1, determined in section 5.4.2 of this appendix.
ETSO = standby mode and off mode annual energy 
consumption for room air conditioners, in kWh/year, determined in 
section 5.3 of this appendix.
m as defined in section 5.4.1 of this appendix.
t and k as defined in section 5.4.2 of this appendix.

    5.4.5 Comparable single-speed room air conditioner combined energy 
efficiency ratio at each cooling mode test condition. Calculate the 
combined energy efficiency ratio for a comparable single-speed room air 
conditioner, CEERSS_m, for each test condition, expressed in 
Btu/Wh.
[GRAPHIC] [TIFF OMITTED] TN29JN18.006

Where:

CEERSS_m = comparable single-speed room air conditioner 
combined energy efficiency ratio, in Btu/Wh, for each test condition 
in Table 1.
CapacitySS_m = comparable single-speed room air 
conditioner cooling capacity, in Btu/h, for each test condition in 
Table 1, in Btu/h, determined in section 5.4.1 of this appendix.
AECSS_m = comparable single-speed room air conditioner 
annual energy consumption for each test condition in Table 1, in 
kWh/year, determined in section 5.4.3 of this appendix.
ETSO = standby mode and off mode annual energy 
consumption for room air conditioners, in kWh/year, determined in 
section 5.3 of this appendix.
m as defined in section 5.4.1 of this appendix.
t and k as defined in section 5.4.2 of this appendix.

    5.4.6 Comparable single-speed room air conditioner adjusted 
combined energy efficiency ratio for each cooling mode test condition. 
Calculate the adjusted combined energy efficiency ratio for a 
comparable single-speed room air conditioner, CEERSS_m_adj, 
with cycling losses considered, expressed in Btu/Wh.

CEERSS\m\adj = CEERSS\m x CLFm

Where:

CEERSS_m_adj = comparable single-speed room air 
conditioner adjusted combined energy efficiency ratio, in Btu/Wh, 
for each test condition in Table 1.
CEERSS_m = comparable single-speed room air conditioner 
adjusted combined energy efficiency ratio, in Btu/Wh, for each test 
condition in Table 1, determined in section 5.4.5 of this appendix.
CLFm = cycling loss factor for each cooling mode test 
condition, 1 for test condition 1, 0.971 for test condition 2, 0.923 
for test condition 3, and 0.875 for test condition 4.
m as defined in section 5.4.1 of this appendix.

    5.4.7 Weighted combined energy efficiency ratio. Calculate the 
weighted combined energy efficiency ratio for the variable-speed room 
air conditioner, CEERwt, and comparable single-speed room 
air conditioner, CEERSS_wt, expressed in Btu/Wh.
[GRAPHIC] [TIFF OMITTED] TN29JN18.007

Where:

CEERwt = variable-speed room air conditioner weighted 
combined energy efficiency ratio, in Btu/Wh.
CEERSS_wt = comparable single-speed room air conditioner 
weighted combined energy efficiency ratio, in Btu/Wh.
CEERm = variable-speed room air conditioner combined 
energy efficiency ratio, in Btu/Wh, at each test condition in Table 
1, determined in section 5.4.4 of this appendix.
CEERSS_m_adj = comparable single-speed room air 
conditioner adjusted combined energy efficiency ratio, in Btu/Wh, at 
each test condition in Table 1, determined in section 5.4.6 of this 
appendix.
Wm = weighting factors for each cooling mode test 
condition, 0.05 for test condition 1, 0.16 for test condition 2, 
0.31 for test condition 3, and 0.48 for test condition 4.
m as defined in section 5.4.1 of this appendix.

5.4.8 Variable-speed room air conditioner performance adjustment 
factor. Calculate the variable-speed room air conditioner performance 
adjustment factor, Fp.
[GRAPHIC] [TIFF OMITTED] TN29JN18.008

Where:

Fp = variable-speed room air conditioner performance 
adjustment factor.
CEERwt = variable-speed room air conditioner weighted 
combined energy efficiency ratio, in Btu/Wh, determined in section 
5.4.7 of this appendix.
CEERSS_wt = comparable single-speed room air conditioner 
weighted combined energy efficiency ratio, in Btu/Wh, determined in 
section 5.4.7 of this appendix

    5.4.9 Variable-speed room air conditioner CEER. For variable-speed 
room air conditioners, multiply the combined energy efficiency ratio, 
CEER, expressed in Btu/Wh, determined in Sec.  430.23(f) by (1 + 
Fp) to obtain the final CEER for variable speed room air 
conditioners.

Where:

Fp = variable-speed room air conditioner performance 
adjustment factor, determined in section 5.4.8 of this appendix.''

[[Page 30726]]

IV. Application for Interim Waiver

    LG also hereby applies for an interim waiver of the applicable test 
procedure requirements for the LG basic models set forth in the 
Appendix. LG meets the criteria for an interim waiver.
    LG's Petition for Waiver is likely to be granted because the test 
method contained in 10 C.F.R. Part 430, Subpart B, Appendix F clearly 
does not address the VSC characteristics of these LG basic models. 
Thus, the test procedure does not accurately measure their energy 
consumption. Without waiver relief, LG would be subject to requirements 
that are inapplicable to these products. Additionally, LG will suffer 
economic hardship and be at a competitive disadvantage if it must wait 
to rate these basic models pending a determination on the petition for 
waiver.
    DOE approval of LG's interim waiver application is also supported 
by sound public policy. These LG products employ advanced technology 
that increases efficiency and reduces energy consumption, while 
offering a new level of affordable comfort to consumers.

V. Conclusion

    LG respectfully requests that DOE grant its Petition for Waiver of 
the applicable test procedure for specified basic models, and also 
grant its Application for Interim Waiver.
    LG requests expedited treatment of the Petition and Application.

Respectfully submitted,
Scott Harris/s/

Richard C. Wingate,

Vice President, Compliance and General Counsel.

LG Electronics USA, Inc.
1000 Sylvan Avenue
Englewood Cliffs, NJ 07632
(201) 816-2000

Scott Blake Harris
Stephanie Weiner
John A. Hodges

Harris, Wiltshire & Grannis LLP
1919 M Street, NW, 8th Floor
Washington, DC 20036
(202) 730-1313

Counsel to LG Electronics USA, Inc.

April 6, 2018

Appendix

    The waiver and interim waiver requested herein should apply to 
testing and rating of the following basic models that are manufactured 
by LG:

LW2217IVSM
LW1817IVSM
LW1517IVSM

[FR Doc. 2018-14030 Filed 6-28-18; 8:45 am]
 BILLING CODE 6450-01-P