[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]]

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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.

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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))
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    \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.
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    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):
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    \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.

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                 Brand                          Basic model No.                    Outdoor unit                             Indoor unit
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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
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    (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.

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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