[Federal Register Volume 84, Number 61 (Friday, March 29, 2019)]
[Notices]
[Pages 11941-11943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06099]
[[Page 11941]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
[Case Number 2018-009; EERE-2018-BT-WAV-0013]
Energy Conservation Program: Decision and Order Granting a Waiver
to TCL Air Conditioner (Zhongshan) Co., Ltd. From the Department of
Energy Central Air Conditioners and Heat Pumps Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of decision and order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') gives notice of a
Decision and Order (Case Number 2018-009) that grants to TCL air
conditioner (zhongshan) Co., Ltd. (``TCL AC''), a waiver from specified
portions of the DOE test procedure for determining the energy
efficiency of specified central air conditioners and heat pumps. TCL AC
is required to test and rate specified basic models of its central air
conditioners and heat pumps in accordance with the alternate test
procedure specified in the Decision and Order.
DATES: The Decision and Order is effective on March 29, 2019. The
Decision and Order will terminate upon the compliance date of any
future amendment to the test procedure for central air conditioners and
heat pumps located at 10 CFR part 430, subpart B, appendix M that
addresses the issues presented in this waiver. At such time, TCL AC
must use the relevant test procedure for this product for any testing
to demonstrate compliance with the applicable standards, and any other
representations of energy use.
FOR FURTHER INFORMATION CONTACT:
Ms. Lucy deButts, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC, 20585-0121. E-mail:
[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: In accordance with Title 10 of the Code of
Federal Regulations (10 CFR 430.27(f)(2)), DOE gives notice of the
issuance of its Decision and Order as set forth below. The Decision and
Order grants TCL AC a waiver from the applicable test procedure at 10
CFR part 430, subpart B, appendix M for specified basic models of
central air conditioners and heat pumps, provided that TCL AC tests and
rates such products using the alternate test procedure specified in the
Decision and Order. TCL AC's representations concerning the energy
efficiency of the specified basic models must be based on testing
according to the provisions and restrictions in the alternate test
procedure set forth in the Decision and Order, and the representations
must fairly disclose the test results. Distributors, retailers, and
private labelers are held to the same requirements when making
representations regarding the energy efficiency of these products. (42
U.S.C. 6293(c))
Consistent with 10 CFR 430.27(j), not later than May 28, 2019, any
manufacturer currently distributing in commerce in the United States
products employing a technology or characteristic that results in the
same need for a waiver from the applicable test procedure must submit a
petition for waiver. Manufacturers not currently distributing such
products in commerce in the United States must petition for and be
granted a waiver prior to the distribution in commerce of those
products in the United States. Manufacturers may also submit a request
for interim waiver pursuant to the requirements of 10 CFR 430.27.
Signed in Washington, DC, on March 25, 2019.
Steven Chalk,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy
Efficiency and Renewable Energy.
Case Number 2018-009
Decision and Order
I. Background and Authority
The Energy Policy and Conservation Act of 1975, as amended
(``EPCA''),\1\ among other things, authorizes the U.S. Department of
Energy (``DOE'') to regulate the energy efficiency of a number of
consumer products and industrial equipment. (42 U.S.C. 6291-6317) Title
III, Part B \2\ of EPCA established the Energy Conservation Program for
Consumer Products Other Than Automobiles, which sets forth a variety of
provisions designed to improve energy efficiency for certain types of
consumer products. These products include central air conditioners
(CACs) and heat pumps (HPs), the focus of this document. (42 U.S.C.
6292(a)(3))
---------------------------------------------------------------------------
\1\ All references to EPCA in this document refer to the statute
as amended through America's Water Infrastructure Act of 2018,
Public Law 115-270 (October 23, 2018).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated as Part A.
---------------------------------------------------------------------------
Under EPCA, DOE's energy conservation program consists essentially
of four parts: (1) Testing, (2) labeling, (3) Federal energy
conservation standards, and (4) certification and enforcement
procedures. Relevant provisions of EPCA include definitions (42 U.S.C.
6291), energy conservation standards (42 U.S.C. 6295), test procedures
(42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), and the
authority to require information and reports from manufacturers (42
U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for: (1)
certifying to DOE that their products comply with the applicable energy
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)),
and (2) making representations about the efficiency of that product (42
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to
determine whether the product complies with relevant standards
promulgated under EPCA. (42 U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE is required to follow when prescribing or amending test procedures
for covered products. EPCA requires that any test procedures prescribed
or amended under this section must be reasonably designed to produce
test results which reflect energy efficiency, energy use or estimated
annual operating cost of a covered product during a representative
average use cycle or period of use and requires that test procedures
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test
procedure for central air conditioners and heat pumps is contained in
the Code of Federal Regulations (``CFR'') at 10 CFR part 430, subpart
B, appendix M, Uniform Test Method for Measuring the Energy Consumption
of Central Air Conditioners and Heat Pumps (``Appendix M'').
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
[[Page 11942]]
as to provide materially inaccurate comparative data. 10 CFR
430.27(f)(2). DOE may grant the waiver subject to conditions, including
adherence to alternate test procedures. Id.
II. TCL AC's Petition for Waiver: Assertions and Determinations
By letter dated July 10, 2018, TCL AC submitted a petition for
waiver and application for interim waiver for certain basic models of
CACs and HPs. TCL AC stated that the systems use outdoor units with
variable-speed compressors paired with coil-only indoor units
(hereinafter referred to as ``variable-speed coil-only single-split
systems''), and are required to be tested using the test procedure
detailed at appendix M to subpart B of 10 CFR part 430 (``Appendix
M''). TCL AC stated in its petition for waiver and application for
interim waiver that 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.
On November 9, 2018, DOE published a notice that announced its
receipt of the petition for waiver and granted TCL AC an interim waiver
for specified basic models. 83 FR 56058 (``Notice of Petition for
Waiver''). In the Notice of Petition for Waiver, DOE stated that absent
an interim waiver, the specified variable-speed coil-only single-split
models 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. 83 FR
56060. Typical variable-speed single-split systems have a communicating
system, i.e., the condensing 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. DOE also reviewed public-
facing materials (e.g., marketing materials, product specification
sheets, and installation manuals) for the units identified in the
petition, which supported TCL AC's assertion that the units 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. Thus, DOE
determined that the alternate test procedure suggested by TCL AC allows
for the accurate measurement of energy use of these products, 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. Id.
In the Notice of Petition for Waiver, DOE solicited comments from
interested parties on all aspects of the petition and the specified
alternate test procedure Id. DOE received no comments in response to
the Notice of Petition for Waiver.
For the reasons explained here and in the Notice of Petition for
Waiver, DOE understands that absent a waiver, the basic models
identified by TCL AC in its petition cannot be evaluated on a basis
representative of their true energy consumption characteristics. DOE
has reviewed the recommended procedure suggested by TCL AC and
concludes that it will allow for the accurate measurement of the energy
use of the products, while alleviating the testing problems associated
with TCL AC's implementation of DOE's applicable CAC and HP test
procedure for the specified basic models. Thus, DOE is requiring that
TCL AC test and rate the specified CAC and HP basic models according to
the alternate test procedure specified in this Decision and Order,
which is identical to the procedure provided in the interim waiver.
This Decision and Order is applicable only to the basic models
listed and does not extend to any other basic models. DOE evaluates and
grants waivers for only those basic models specifically set out in the
petition, not future models that may be manufactured by the petitioner.
TCL AC may request that the scope of this waiver be extended to
include additional basic models that employ the same technology as
those listed in this waiver. 10 CFR 430.27(g). TCL AC may also submit
another petition for waiver from the test procedure for additional
basic models that employ a different technology and meet the criteria
for test procedure waivers. 10 CFR 430.27(a)(1).
DOE notes that it may modify or rescind the waiver at any time upon
DOE's determination that the factual basis underlying the petition for
waiver is incorrect, or upon a determination that 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 waiver if the company
discovers an error in the information provided to DOE as part of its
petition, determines that the waiver is no longer needed, or for other
appropriate reasons. 10 CFR 430.27(k)(2).
III. Consultations with Other Agencies
In accordance with 10 CFR 430.27(f)(2), DOE consulted with the
Federal Trade Commission (``FTC'') staff concerning the TCL AC petition
for waiver. The FTC staff did not have any objections to DOE granting a
waiver to TCL AC for the specified basic models.
IV. Order
After careful consideration of all the material that was submitted
by TCL AC, and the various public-facing materials (e.g., marketing
materials, product specification sheets, and installation manuals) for
the models identified in the petition, in this matter, it is ORDERED
that:
(1) TCL AC must, as of the date of publication of this Order in the
Federal Register, 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\ with the alternate test
procedure as 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., TCE-36HA/DV20 TCE-36HA/DV20 TCE-2430D6HWA/DVOE(01)
Ltd.
TCL air conditioner (zhongshan) Co., TCE-36HA/DV20 TCE-36HA/DV20 TCE-2430D6HWA/DVOE(02)
Ltd.
[[Page 11943]]
TCL air conditioner (zhongshan) Co., TCE-36HA/DV20 TCE-36HA/DV20 TCE-3036D6HWA/DVOE(02)
Ltd.
TCL air conditioner (zhongshan) Co., TCE-36HA/DV20 TCE-36HA/DV20 TCE-2430D6HWA/DV2I(01)
Ltd.
TCL air conditioner (zhongshan) Co., TCE-36HA/DV20 TCE-36HA/DV20 TCE-2430D6HWA/DV2I(02)
Ltd.
TCL air conditioner (zhongshan) Co., TCE-36HA/DV20 TCE-36HA/DV20 TCE-3036D6HWA/DV2I(01)
Ltd.
TCL air conditioner (zhongshan) Co., TCE-36HA/DV20 TCE-36HA/DV20 TCE-3036D6HWA/DV2I(02)
Ltd.
TCL air conditioner (zhongshan) Co., TCE-36HA/DV20 TCE-36HA/DV20 TCE-3036D6HWA/DV2I(03)
Ltd.
TCL air conditioner (zhongshan) Co., TCE-60HA/DV20 TCE-60HA/DV20 TCE-4248D6HWA/DVOE(03)
Ltd.
TCL air conditioner (zhongshan) Co., TCE-60HA/DV20 TCE-60HA/DV20 TCE-4860D6HWA/DVOE(03)
Ltd.
TCL air conditioner (zhongshan) Co., TCE-60HA/DV20 TCE-60HA/DV20 TCE-4860D6HWA/DVOE(04)
Ltd.
TCL air conditioner (zhongshan) Co., TCE-60HA/DV20 TCE-60HA/DV20 TCE-4248D6HWA/DV2I(02)
Ltd.
TCL air conditioner (zhongshan) Co., TCE-60HA/DV20 TCE-60HA/DV20 TCE-4248D6HWA/DV2I(03)
Ltd.
TCL air conditioner (zhongshan) Co., TCE-60HA/DV20 TCE-60HA/DV20 TCE-4248D6HWA/DV2I(04)
Ltd.
TCL air conditioner (zhongshan) Co., TCE-60HA/DV20 TCE-60HA/DV20 TCE-4860D6HWA/DV2I(03)
Ltd.
TCL air conditioner (zhongshan) Co., TCE-60HA/DV20 TCE-60HA/DV20 TCE-4860D6HWA/DV2I(04)
Ltd.
Ecoer Inc TCE-36HA/DV20 EODA18H-2436 GNC2430APT
Ecoer Inc TCE-36HA/DV20 EODA18H-2436 GNC2430BPT
Ecoer Inc TCE-36HA/DV20 EODA18H-2436 GNC3036BPT
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) of this Order is the test procedure for
central air conditioners and heat pumps prescribed by DOE at 10 CFR
part 430, subpart B, appendix M (``Appendix M''), except that as
described below, 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. 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 may not make representations about the
efficiency of the basic models referenced in paragraph (1) of this
Order for compliance, marketing, or other purposes unless the basic
model has been tested in accordance with the provisions set forth above
and such representations fairly disclose the results of such testing.
(4) This waiver shall remain in effect according to the provisions
of 10 CFR 430.27.
(5) This waiver is issued on the condition that the statements,
representations, and documents provided by TCL AC are valid. If TCL AC
makes any modifications to the controls or configurations of these
basic models, the waiver will no longer be valid and TCL AC will either
be required to use the current Federal test method or submit a new
application for a test procedure waiver. DOE may rescind 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, TCL AC may
request that DOE rescind or modify the waiver if TCL AC discovers an
error in the information provided to DOE as part of its petition,
determines that the waiver is no longer needed, or for other
appropriate reasons. 10 CFR 430.27(k)(2).
(6) Granting of this waiver does not release TCL AC from the
certification requirements set forth at 10 CFR part 429.
Signed in Washington, DC, on March 25, 2019.
-----------------------------------------------------------------------
Steven Chalk,
Acting Deputy Assistant Secretary, for Energy Efficiency, Energy
Efficiency and Renewable Energy.
[FR Doc. 2019-06099 Filed 3-28-19; 8:45 am]
BILLING CODE 6450-01-P