[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)]
[Notices]
[Pages 56058-56065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24548]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

[Case No. 2018-009; EERE-2018-BT-WAV-0013]


Notice of Petition for Waiver of TCL Air Conditioner (zhongshan) 
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.

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

SUMMARY: This notice announces receipt of and publishes a petition for 
waiver from TCL air conditioner (zhongshan) Co., Ltd. (``TCL AC''), 
which seeks 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''). TCL AC seeks to use an alternate 
test procedure to address issues involved in testing certain basic 
models identified in its petition. According to TCL AC, the DOE test 
procedure does not include a method for testing specified CAC and 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''). TCL AC 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 TCL AC 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 Interim Waiver Order. DOE 
solicits comments, data, and information concerning TCL AC's petition 
and the alternate test procedure.

DATES: DOE will accept comments, data, and information with respect to 
the TCL AC petition until December 10, 2018.

ADDRESSES: Interested persons are encouraged to submit comments using

[[Page 56059]]

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 ``2018-009'' and 
Docket number ``EERE-2018-BT-WAV-0013,'' 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. 2018-009] in the subject line of the message.
     Postal Mail: Appliance and Equipment Standards Program, 
U.S. Department of Energy, Building Technologies Office, Mailstop EE-
5B, Petition for Waiver Case No. 2018-009, 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-2018-BT-WAV-0013. 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) \2\ 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, which includes CACs and HPs. (42 U.S.C. 6292(a)(3)) 
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 CACs and HPs is contained in the Code of Federal 
Regulations (``CFR'') at 10 CFR part 430, subpart B, appendix M 
(referred to in this notice as ``appendix M'').
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    Under 10 CFR 430.27, any interested person may submit a petition 
for waiver from DOE's test procedure requirements. DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic model for which the waiver was requested contains a 
design characteristic that prevents testing of the basic model 
according to the prescribed test procedures, or that the prescribed 
test procedures 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(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. 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. 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 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. TCL AC's Petition for Waiver of Test Procedure and Application for 
Interim Waiver

    On July 10, 2018, TCL AC 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 TCL AC, 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 the variable-speed coil-only single-split systems specified in 
its petition. Consequently, TCL AC asserted that it cannot test or rate 
these systems in accordance with the DOE test procedure. TCL AC 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.
    TCL AC 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.

[[Page 56060]]

    TCL AC 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 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 TCL AC'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 TCL AC in a subsequent Decision and Order.
    DOE recently granted to GD Midea Heating & Ventilating Equipment 
Co., Ltd. (``GD Midea'') an interim waiver from the DOE CAC and HP test 
procedure for specific basic models, subject to use of an alternate 
test procedure. 83 FR 24767. In TCL AC's petition, TCL AC requests that 
it be allowed to use the same alternate test procedure as that granted 
to GD Midea. Specifically, TCL AC 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 TCL AC's application for interim waiver, the 
alternate procedure requested by TCL AC, and public-facing materials 
(e.g., marketing materials, product specification sheets, and 
installation manuals) for the units identified in its petition. The 
basic models specified in TCL AC's application appear to contain 
similar technology and barriers to testing as those specified in the GD 
Midea interim waiver order. The public-facing materials that DOE 
reviewed support TCL AC'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. 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 
because there is no variability in indoor fan speed. Based on this 
review, the alternate test procedure appears to allow for the accurate 
measurement of efficiency of the specified basic models, while 
alleviating the testing problems associated with TCL AC's 
implementation of CAC and HP testing for the basic models specified in 
TCL AC's petition. Consequently, TCL AC's petition for waiver will 
likely be granted. Furthermore, DOE has determined that it is desirable 
for public policy reasons to grant TCL AC immediate relief pending a 
determination on the petition for waiver.
    For the reasons stated above, DOE has granted an interim waiver to 
TCL AC for the specified CAC and HP basic models in TCL AC's petition. 
Therefore, DOE has issued an order, stating:
    (1) TCL AC must test and rate the TCL air conditioner (zhongshan) 
Co., Ltd. brand and Ecoer Inc. brand single-split CAC and HP basic 
models TCE-36HA/DV20 and TCE-60HA/DV20, which are comprised of the 
individual combinations listed below,\3\ using the alternate test 
procedure set forth in paragraph (2):
---------------------------------------------------------------------------

    \3\ The specified basic models contain individual combinations, 
which do not specify a particular air mover, and that each consist 
of an outdoor unit that (1) uses a variable speed compressor matched 
with a coil-only indoor unit, and (2) 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 such that the 
indoor blower unit maintains a constant indoor blower fan speed.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                           Brand                                    Basic model No.                  Outdoor unit                   Indoor unit
--------------------------------------------------------------------------------------------------------------------------------------------------------
TCL air conditioner (zhongshan) Co., Ltd...................                             TCE-36HA/DV20                  TCE-36HA/DTCE-2430D6HWA/DVOE(01)
TCL air conditioner (zhongshan) Co., Ltd...................                             TCE-36HA/DV20                  TCE-36HA/DTCE-2430D6HWA/DVOE(02)
TCL air conditioner (zhongshan) Co., Ltd...................                             TCE-36HA/DV20                  TCE-36HA/DTCE-3036D6HWA/DVOE(02)
TCL air conditioner (zhongshan) Co., Ltd...................                             TCE-36HA/DV20                  TCE-36HA/DTCE-2430D6HWA/DV2I(01)
TCL air conditioner (zhongshan) Co., Ltd...................                             TCE-36HA/DV20                  TCE-36HA/DTCE-2430D6HWA/DV2I(02)
TCL air conditioner (zhongshan) Co., Ltd...................                             TCE-36HA/DV20                  TCE-36HA/DTCE-3036D6HWA/DV2I(01)
TCL air conditioner (zhongshan) Co., Ltd...................                             TCE-36HA/DV20                  TCE-36HA/DTCE-3036D6HWA/DV2I(02)
TCL air conditioner (zhongshan) Co., Ltd...................                             TCE-36HA/DV20                  TCE-36HA/DTCE-3036D6HWA/DV2I(03)
TCL air conditioner (zhongshan) Co., Ltd...................                             TCE-60HA/DV20                  TCE-60HA/DTCE-4248D6HWA/DVOE(03)
TCL air conditioner (zhongshan) Co., Ltd...................                             TCE-60HA/DV20                  TCE-60HA/DTCE-4860D6HWA/DVOE(03)
TCL air conditioner (zhongshan) Co., Ltd...................                             TCE-60HA/DV20                  TCE-60HA/DTCE-4860D6HWA/DVOE(04)
TCL air conditioner (zhongshan) Co., Ltd...................                             TCE-60HA/DV20                  TCE-60HA/DTCE-4248D6HWA/DV2I(02)
TCL air conditioner (zhongshan) Co., Ltd...................                             TCE-60HA/DV20                  TCE-60HA/DTCE-4248D6HWA/DV2I(03)
TCL air conditioner (zhongshan) Co., Ltd...................                             TCE-60HA/DV20                  TCE-60HA/DTCE-4248D6HWA/DV2I(04)
TCL air conditioner (zhongshan) Co., Ltd...................                             TCE-60HA/DV20                  TCE-60HA/DTCE-4860D6HWA/DV2I(03)
TCL air conditioner (zhongshan) Co., Ltd...................                             TCE-60HA/DV20                  TCE-60HA/DTCE-4860D6HWA/DV2I(04)
Ecoer Inc..................................................                             TCE-36HA/DV20       EODA18H-2436                     GNC2430APT
Ecoer Inc..................................................                             TCE-36HA/DV20       EODA18H-2436                     GNC2430BPT
Ecoer Inc..................................................                             TCE-36HA/DV20       EODA18H-2436                     GNC3036BPT

[[Page 56061]]

 
Ecoer Inc..................................................                             TCE-36HA/DV20       EODA18H-2436                      EACT2430A
Ecoer Inc..................................................                             TCE-36HA/DV20       EODA18H-2436                      EACT2430B
Ecoer Inc..................................................                             TCE-36HA/DV20       EODA18H-2436                      EACT3036A
Ecoer Inc..................................................                             TCE-36HA/DV20       EODA18H-2436                      EACT3036B
Ecoer Inc..................................................                             TCE-36HA/DV20       EODA18H-2436                      EACT3036C
Ecoer Inc..................................................                             TCE-60HA/DV20       EODA18H-4860                     GNC4248CPT
Ecoer Inc..................................................                             TCE-60HA/DV20       EODA18H-4860                     GNC4860CPT
Ecoer Inc..................................................                             TCE-60HA/DV20       EODA18H-4860                     GNC4860DPT
Ecoer Inc..................................................                             TCE-60HA/DV20       EODA18H-4860                      EACT4248B
Ecoer Inc..................................................                             TCE-60HA/DV20       EODA18H-4860                      EACT4248C
Ecoer Inc..................................................                             TCE-60HA/DV20       EODA18H-4860                      EACT4248D
Ecoer Inc..................................................                             TCE-60HA/DV20       EODA18H-4860                      EACT4860C
Ecoer Inc..................................................                             TCE-60HA/DV20       EODA18H-4860                      EACT4860D
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (2) The alternate test procedure for the TCL AC 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: 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. TCL AC is permitted to make representations 
about the efficiency of basic models identified 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 
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.
    (5) If TCL AC makes any modifications to the controls or 
configurations of these basic models, the interim waiver would no 
longer be valid and TCL AC 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 interim 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, TCL AC may request that 
DOE rescind or modify the interim waiver if TCL AC 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 TCL AC 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. TCL AC 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, TCL AC 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 TCL AC'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 TCL AC's specified 
CAC and HP basic models. DOE may consider including the alternate 
procedure specified in the Interim Waiver Order in a subsequent 
Decision and Order.
    DOE invites all interested parties to submit in writing by December 
10, 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 Kevin Zheng, Certification Engineer, TCL Air Conditioner 
(zhongshan) Co., Ltd., No. 59. Nantou Road West, Nantou, Zhongshan, 
Guangdong, P.R. China, [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

[[Page 56062]]

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 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 November 1, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

TCL air conditioner (zhongshan) Co., Ltd.
No. 59. Nantou Road West, Nantou, Zhongshan, Guangdong, P.R. China

July 19, 2018

Lucy deButts
U.S. Department of Energy
Building Technologies Program, Mail Stop EE-5B
1000 Independence Avenue. SW
Washington DC 20585-0121

Submitted via email to the following address: 
[email protected]
Waiver Petition for TCL AC's variable speed coil-only single-split 
systems.

Dear Ms. Lucy Debutts:

    Pursuant to 10 CFR 430.27, TCL air conditioner (zhongshan) Co., 
Ltd. (hereinafter abbreviated as ``TCL AC'') respectfully submits 
this waiver petition on its non-communicative variable speed systems 
with coil-only configuration listed in Table 3-1. The scope of the 
test procedure for central air conditioners (CACs) and heat pumps 
(HPs) found in Appendix M to Subpart B of 10 CFR part 430 
(hereinafter referred to as ``Appendix M'') includes single-split 
air-conditioners and heat pumps that are coil-only systems with a 
variable-speed compressor (hereinafter referred to as ``variable-
speed coil-only single-split systems''). However, whereas Appendix M 
provides some provisions to test variable-speed coil-only single-
split system overall, it does not provide specific coverage for 
determining cooling intermediate air volume rate, cooling minimum 
air volume rate and heating intermediate air volume rate for these 
products. It makes some difficulties in applying Appendix M to test 
variable-speed coil-only single-split systems.
    TCL AC seeks a test procedure waiver to apply its variable-speed 
coil-only single-split systems using the alternative test procedure 
proposed by GD Midea Heating & Ventilating Equipment Co., Ltd. (GD 
Midea) presenting in section II of this petition. We hereby also 
request a waiver for TCL AC's variable-speed coil-only single-split 
systems. The granting of waiver is very crucial to us as well. 
Because it will allow us to accurately rate, certify, and provide US 
consumers with highly efficient and smart variable-speed coil-only 
single-split systems.

I. TCL air conditioner (zhongshan) CO., Ltd.

    TCL air conditioner (zhongshan) Co., Ltd. is a division of the 
TCL group founded in 1981. TCL group is one of the world's leading 
manufacturers focusing on MULTI-MEDIA, CSOT, COMMUNICATION, TONLY 
ELECTRONICS and HVAC equipment with 21 manufacturing & processing 
bases, 80 sales organizations and 10 strategic partners around the 
world. TCL AC, one of the leading air conditioner manufacturers with 
capability of producing all kinds of residential air conditioners, 
commercial air conditioners, dehumidifiers and compressors, was 
established in 1999. TCL AC has been ranking the 3rd company of 
China air conditioner export since 2014 and providing true 
intelligent air conditioners based on inverter variable speed 
technology. Through its R&D division, TCL strives to develop and 
manufacture the most energy-efficient CACs and HPs for residential 
application, including high efficiency variable speed single-split 
systems.

[[Page 56063]]

II. Background

    Variable speed compressor technology has been proven to be an 
effective way to improve both the seasonal energy efficiency ratio 
(SEER) and heating seasonal performance factor (HSPF) for air-
conditioning products. But most of residential CACs and HPs 
installed in the US market are single or two-stage systems. 
Undoubtedly, Inverter variable speed CACs and HPs shall be a trend 
for consumer updates in the next decades. Besides Midea/Bosch 
inverter variable-speed single-split systems, the vast majority 
variable speed split systems require a proprietary communicating 
method and exclusively works with a specific blower-coil unit from 
the same manufacturer. To provide US customers a more convenient 
energy-saving retrofit application of their single or two-stage 
systems, TCL AC's variable speed outdoor condensing units are also 
designed as non-communicative control systems. What's more, 
Integrated and safety protection PCB design makes TCL AC's variable-
speed single-split systems easy to install and service with 
incredible comfort.
    The scope of Appendix M includes variable-speed coil-only 
single-split systems. However, Appendix M lacks coverage for 
manufacturers to test these systems to the fullest extent of the 
test procedure. For example, Appendix M does not provide specific 
coverage for these products to determine cooling intermediate air 
volume rate, cooling minimum air volume rate and heating 
intermediate air volume rate. So it's impossible for manufacturers 
to test a variable-speed system in a coil-only configuration in full 
compliance with the test procedure. More specifically, Table 8 and 
Table 14 present in Appendix M provide respectively cooling and 
heating mode test conditions for units having a variable-speed 
compressor. These tables prescribe six air volume rates (cooling 
minimum, cooling intermediate, cooling full-load, heating minimum, 
heating intermediate, heating full-load) at which units with 
variable speed compressor need to be tested. These six air volume 
rates are then determined using sections 3.1.4.1 through 3.1.4.6. 
However, problem arises when trying to determine cooling minimum, 
cooling intermediate, and heating intermediate for variable-speed 
coil-only single-split systems, as respective sections 3.1.4.2, 
3.1.4.3 and 3.1.4.6 do not provide coverage for these systems.
    Fortunately, GD Midea had proposed an alternative test procedure 
that provides additional coverage to Appendix M for variable-speed 
coil-only single-split systems meanwhile preserving the spirit and 
intent of the test procedure. Note that GD Midea has only evaluated 
and confirmed the suitability and practicability on its products in 
which are listed Section III that have the characteristics: 1) No 
communication between the variable-speed outdoor condensing unit and 
the indoor unit; 2)The air volume rates of indoor units remain 
constant at all time. Considering the unique technical 
characteristics of these non-communicative variable speed systems, 
GD Midea had proposed the alternative test procedure to determine 
the six air volume rates in Table 8 and Table 14 as follow:

 Cooling full-load air volume rate: Determined using 
3.1.4.1.1.c
 Cooling intermediate air volume rate: Use the cooling full-
load air volume rate as the cooling intermediate air volume rate. 
Use the final control settings as determined when setting the 
cooling full-load air volume rate, if necessary to reset to the 
cooling full-load air volume rate obtained in section 3.1.4.1.1.c
 Cooling minimum air volume rate: Use the cooling full-load 
air volume rate as the cooling minimum air volume rate. Use the 
final control settings as determined when setting the cooling full-
load air volume rate, if necessary to reset to the cooling full-load 
air volume rate obtained in section 3.1.4.1.1.c
 Heating full-load air volume rate: Determined using 
3.1.4.4.1.a
 Heating intermediate air volume rate: Use the heating full-
load air volume rate as the heating intermediate air volume rate. 
Use the final control settings as determined when setting the 
heating full-load air volume rate, if necessary to reset to the 
heating full-load air volume rate obtained in section 3.1.4.4.1.a
 Heating minimum air volume rate: Determined using 
3.1.4.5.1.a

    DOE has granted the waiver for GD Midea from DOE test procedure 
for basic models MOVA-36HDN1-M18M and MOVA-60HDN1-M18M, which 
contain individual combinations as below table. Each combination 
consists 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. 
According to docket number EERE-2017-BT-WAV-0060, for coil-only 
combinations with non-communicative inverter variable speed 
condensing units: 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.

--------------------------------------------------------------------------------------------------------------------------------------------------------
         GD Midea Heating & Ventilating Equipment Co., Ltd. (Brand)                               Bosch Thermotechnology Corp (Brand)
--------------------------------------------------------------------------------------------------------------------------------------------------------
     Basic model No.            Outdoor unit               Indoor unit             Basic model No.            Outdoor unit             Indoor unit
--------------------------------------------------------------------------------------------------------------------------------------------------------
     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
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 56064]]

III. Basic Models for Waiver Application

    TCL AC is requesting a waiver to test its single-split CACs and 
HPs outdoor condensing unit basic models equipping variable speed 
compressors, with which match coil-only indoor units. Using the 
alternative test procedure proposed by GD Midea described in section 
V of this petition.
    Specifically, TCL AC waiver request covers the following basic 
models.

                                                         Table 3-1--Waiver Applying Basic Models
--------------------------------------------------------------------------------------------------------------------------------------------------------
              TCL air conditioner (zhongshan) Co., Ltd. (Brand)                                           Ecoer Inc. (Brand)
--------------------------------------------------------------------------------------------------------------------------------------------------------
     Basic model No.            Outdoor unit               Indoor unit             Basic model No.            Outdoor unit             Indoor unit
--------------------------------------------------------------------------------------------------------------------------------------------------------
                    TCE-36HA/DV2O             TCE-36HA/DV2O             TCE-2430D6HWA/DVOE(01)    TCE-36HA/DV2O  EODA18H-2436               GNC2430APT
                    TCE-36HA/DV2O             TCE-36HA/DV2O             TCE-2430D6HWA/DVOE(02)    TCE-36HA/DV2O  EODA18H-2436               GNC2430BPT
                    TCE-36HA/DV2O             TCE-36HA/DV2O             TCE-3036D6HWA/DVOE(02)    TCE-36HA/DV2O  EODA18H-2436               GNC3036BPT
                    TCE-36HA/DV2O             TCE-36HA/DV2O             TCE-2430D6HWA/DV2I(01)    TCE-36HA/DV2O  EODA18H-2436                EACT2430A
                    TCE-36HA/DV2O             TCE-36HA/DV2O             TCE-2430D6HWA/DV2I(02)    TCE-36HA/DV2O  EODA18H-2436                EACT2430B
                    TCE-36HA/DV2O             TCE-36HA/DV2O             TCE-3036D6HWA/DV2I(01)    TCE-36HA/DV2O  EODA18H-2436                EACT3036A
                    TCE-36HA/DV2O             TCE-36HA/DV2O             TCE-3036D6HWA/DV2I(02)    TCE-36HA/DV2O  EODA18H-2436                EACT3036B
                    TCE-36HA/DV2O             TCE-36HA/DV2O             TCE-3036D6HWA/DV2I(03)    TCE-36HA/DV2O  EODA18H-2436                EACT3036C
                    TCE-60HA/DV2O             TCE-60HA/DV2O             TCE-4248D6HWA/DVOE(03)    TCE-60HA/DV2O  EODA18H-4860               GNC4248CPT
                    TCE-60HA/DV2O             TCE-60HA/DV2O             TCE-4860D6HWA/DVOE(03)    TCE-60HA/DV2O  EODA18H-4860               GNC4860CPT
                    TCE-60HA/DV2O             TCE-60HA/DV2O             TCE-4860D6HWA/DVOE(04)    TCE-60HA/DV2O  EODA18H-4860               GNC4860DPT
                    TCE-60HA/DV2O             TCE-60HA/DV2O             TCE-4248D6HWA/DV2I(02)    TCE-60HA/DV2O  EODA18H-4860                EACT4248B
                    TCE-60HA/DV2O             TCE-60HA/DV2O             TCE-4248D6HWA/DV2I(03)    TCE-60HA/DV2O  EODA18H-4860                EACT4248C
                    TCE-60HA/DV2O             TCE-60HA/DV2O             TCE-4248D6HWA/DV2I(04)    TCE-60HA/DV2O  EODA18H-4860                EACT4248D
                    TCE-60HA/DV2O             TCE-60HA/DV2O             TCE-4860D6HWA/DV2I(03)    TCE-60HA/DV2O  EODA18H-4860                EACT4860C
                    TCE-60HA/DV2O             TCE-60HA/DV2O             TCE-4860D6HWA/DV2I(04)    TCE-60HA/DV2O  EODA18H-4860                EACT4860D
--------------------------------------------------------------------------------------------------------------------------------------------------------

    These systems have the following characteristics:
    1. No communication between the inverter variable-speed outdoor 
condensing unit and the indoor unit
    2. Once the systems have been installed, the air volume rate 
remains constant at all time.

IV. Backgrounds for Test Procedure Waiver

    Appendix M prescribes that on or after July 5, 2017 and prior to 
January 1, 2023, any representations, including compliance 
certifications, made with respect to the energy use, power, or 
efficiency of central air conditioners and central air conditioning 
heat pumps must be based on the results of testing pursuant to 
appendix M. In addition, ratings referring to Appendix M are used to 
determine compliance with the provisions of paragraph (c) of 10 CFR 
430.32, energy and water conservation standards for air-conditioners 
and heat pumps.
    Given the fact that variable-speed coil-only single-split 
systems are included in the scope of Appendix M and 10 CFR 430.32, 
absence of comprehensive coverage for these products in Appendix M 
hinders manufacturers in
    1) establishing ratings in compliance with federal law,
    2) determining compliance with DOE's minimum efficiency 
standards present in 10 CFR 430.32,
    3) complying with DOE's certification requirements set forth in 
10 CFR 429,
    4) distributing these products in commerce.

V. Technical Justification for Alternative Test Procedure

    TCL AC's variable speed coil-only single-split systems that are 
going to be listed in Section III of this petition have the similar 
technical controls to GD Midea, but have a significantly difference 
from conventional variable speed systems:
     Conventional variable speed single-split systems are 
typically communicating systems. Firstly, the outdoor condensing 
units acquire the states of indoor side through proprietary 
communication method to control the whole system. Moreover, the 
indoor unit air volume rates vary according to not only return air 
temperature and setting temperature of indoor side but also the 
condensing units' states on some conditions. TCL AC has noticed that 
the following manufacturers of single-split residential CACs and HPs 
offer systems by communication control: Carrier Corporation, Daikin 
Industries, Lennox International Inc., Nortek Global HVAC, Rheem 
Sales Company, Trane and York by Johnson Controls.
     TCL AC's variable-speed single-split systems differ 
from the conventional one descripted above. No communication is 
required between indoor unit and outdoor condensing unit, and the 
indoor air volume rates never vary based on outdoor condensing 
units' state. The outdoor condensing unit automatically adjusts 
compressor speeds and fan rotation speeds in response to the 
different building loads. This is similar to Midea/Bosch non-
communicative variable-speed single-split systems in the current US 
market.

VI. Petition for Waiver

    Pursuant to 10 CFR 430.27, TCL AC is requesting an waiver to 
test TCL AC's variable coil-only systems. Waiver granting is 
important to ensure that TCL AC can
    1) establish ratings in compliance with federal law,
    2) determine compliance with DOE's minimum efficiency standards 
present in 10 CFR 430.32,
    3) comply with DOE's certification requirements set forth in 10 
CFR 429,

[[Page 56065]]

    4) distribute its products in commerce and provide US customers 
with systems that offer ease of use and installation, as well as 
significant energy-efficiency savings.

VII. Arguments for Granting Waiver

    TCL AC believes there are strong arguments for granting its 
petition:
     From a procedural stand-point, TCL AC has identified a 
void in the current test procedure.
     DOE has granted GD Midea's alternative test procedure 
that is technically sound, proven, easily justifiable, aligned with 
the spirit and intent of the existing Appendix M test procedure.
     From a competitive stand-point, the current void in the 
test procedure puts TCL AC and any other manufacturers whose 
products may be similar, at a significant competitive disadvantage.
     From a public policy stand-point, the current void in 
the test procedure prevents TCL AC's distribution in commerce of 
products that offer US costumers with systems that are easy to 
install and use, and which provide significant energy-efficiency 
savings.

VIII. Conclusion

    TCL AC is the second manufacturer to develop the non-
communicative variable-speed outdoor condensing unit. As mentioned 
above, the main issue both GD Midea and TCL AC encountered when 
trying to rate the variable-speed coil-only single-split systems to 
appendix M is the absence of specific provisions for cooling 
intermediate air volume rate, cooling minimum air volume rate and 
heating intermediate air volume rate.
    For the reasons stated above, TCL AC respectfully requests that 
DOE grants this petition for waiver to test its variable-speed coil-
only single-split systems using Appendix M to Subpart B of 10 CFR 
part 430 with the supplemental instructions provided by GD Midea in 
section II of this petition.
    Should you have any questions or would like to discuss this 
request, please contact me at [email protected]. We greatly 
appreciate your attention to this matter.

Sincerely,

Kevin Zheng,

Certification Engineer.

[email protected].


[FR Doc. 2018-24548 Filed 11-8-18; 8:45 am]
 BILLING CODE 6450-01-P