[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Notices]
[Pages 68159-68168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26904]


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

DEPARTMENT OF ENERGY

[Case Number 2019-004; EERE-2019-BT-WAV-0009]


Notice of Petition for Waiver of GD Midea Air Conditioning 
Equipment Co. LTD. from the Department of Energy Room Air Conditioner 
Test Procedure and Notice of Grant of Interim Waiver

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of petition for waiver and grant of an interim waiver, 
and request for comments.

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

SUMMARY: This document announces receipt of and publishes a petition 
for waiver from GD Midea Air Conditioning Equipment Co. LTD. 
(``Midea''), which seeks an exemption from the U.S. Department of 
Energy (``DOE'') test procedure when determining the efficiency of 
listed room air conditioner basic models. Midea seeks to use an 
alternate test procedure to address issues involved in testing the 
basic models listed in its petition. According to Midea, the current 
DOE test procedure for room air conditioners, which provides for 
testing at full-load performance only, does not take into account the 
benefits of room air conditioners that use variable-speed compressors 
(``variable-speed room air conditioners''), with their part-load 
performance characteristics, and misrepresents their actual energy 
consumption. Midea requests that DOE permit Midea to test the basic 
models listed in its petition using the alternate test procedure in the 
interim waiver granted to LG Electronics USA, Inc. (``LG'') on June 29, 
2018, which requires testing units at four rating conditions instead of 
a single rating condition and calculating each test unit's weighted-
average combined energy efficiency ratio (``CEER''), which is compared 
to the expected performance of a theoretical comparable single-speed 
room air conditioner across the same four rating conditions. The 
measured performance of the variable-speed room air conditioner when 
tested under the high-temperature rating condition of the DOE test 
procedure for room air conditioners would be scaled by the same 
relative performance improvement to determine the test unit's final 
rated CEER value. DOE grants Midea an interim waiver from DOE's room 
air conditioner test procedure for the basic models listed in the 
Interim Waiver Order, subject to use of the alternate test procedure as 
set forth in the Interim Waiver Order. DOE solicits comments, data, and 
information concerning Midea's petition and its suggested alternate 
test procedure to inform its final decision on Midea's waiver request.

DATES: Written comments and information will be accepted on or before 
January 13, 2020.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at http://www.regulations.gov. 
Alternatively, interested persons may submit comments, identified by 
case number ``2019-004'', and Docket number ``EERE-2019-BT-WAV-0009,'' 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected] Include the 
case number [Case No. 2019-004] in the subject line of the message.
     Postal Mail: Appliance and Equipment Standards Program, 
U.S. Department of Energy, Office of Energy Efficiency and Renewable 
Energy, Building Technologies Office, Mailstop EE-5B, Petition for 
Waiver Case No. 2019-004, 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.

[[Page 68160]]

     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. 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-2019-BT-WAV-0009. The docket web page contains simple 
instruction on how to access all documents, including public comments, 
in the docket. See section V for information on how to submit comments 
through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Lucy deButts, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, Mailstop 
EE-5B, 1000 Independence Avenue SW, Washington, DC 20585-0121. E-mail: 
[email protected].
    Ms. Sarah Butler, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue 
SW, Washington, DC 20585-0103. Telephone: (202) 586-1777. E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Authority

    The Energy Policy and Conservation Act (``EPCA'' or ``the 
Act''),\1\ Public Law 94-163 (42 U.S.C. 6291-6317, as codified), 
authorizes DOE to regulate the energy efficiency of certain consumer 
products and industrial equipment. Title III, Part B \2\ of EPCA 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, a program that includes room air conditioners, which 
are the focus of this document. (42 U.S.C. 6292(a)(2))
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    DOE regulations set forth at 10 CFR 430.27 contain provisions that 
allow any interested person to seek a waiver from test procedure 
requirements for a particular basic model when the petitioner's basic 
model for which the petition for waiver was submitted contains one or 
more design characteristics that either (1) prevent testing according 
to the prescribed test procedure, or (2) cause the prescribed test 
procedure to evaluate the basic model in a manner so unrepresentative 
of its true energy consumption characteristics as to provide materially 
inaccurate comparative data. 10 CFR 430.27(f)(2). A petitioner must 
include in its petition any alternate test procedures known to the 
petitioner to evaluate the basic model in a manner representative of 
its energy consumption characteristics. 10 CFR 430.27(b)(1)(iii).
    DOE may grant the waiver subject to conditions, including adherence 
to alternate test procedures. 10 CFR 430.27(f)(2). As soon as 
practicable after the granting of any waiver, DOE will publish in the 
Federal Register a notice of proposed rulemaking to amend its 
regulations so as to eliminate any need for the continuation of such 
waiver. 10 CFR 430.27(l). As soon thereafter as practicable, DOE will 
publish in the Federal Register a final rule. Id.
    The waiver process also provides that DOE may grant an interim 
waiver if it appears likely that DOE will grant the underlying petition 
for waiver and/or if DOE determines that it would be desirable for 
public policy reasons to grant immediate relief pending a determination 
on the underlying petition for waiver. 10 CFR 430.27(e)(2). Within one 
year of issuance of an interim waiver, DOE will either: (i) Publish in 
the Federal Register a determination on the petition for waiver; or 
(ii) publish in the Federal Register a new or amended test procedure 
that addresses the issues presented in the waiver. 10 CFR 430.27(h)(1). 
When DOE amends the test procedure to address the issues presented in a 
waiver, the waiver will automatically terminate on the date on which 
use of that test procedure is required to demonstrate compliance. 10 
CFR 430.27(h)(2).

II. Midea's Petition for Waiver and Petition for Interim Waiver

    On March 25, 2019, Midea filed a petition for waiver and a petition 
for interim waiver from the test procedure applicable to room air 
conditioners set forth in appendix F.\3\ According to Midea, the 
current DOE test procedure for room air conditioners, which provides 
for testing at full-load performance only (i.e., at a single indoor and 
high-temperature outdoor operating condition), does not take into 
account the benefits of variable-speed room air conditioners, with 
their part-load performance characteristics, and misrepresents their 
actual energy consumption.\4\ Appendix F requires testing room air 
conditioners only with full-load performance, in part, as a result of 
DOE having previously concluded that widespread use of part-load 
technology in room air conditioners was not likely to be stimulated by 
the development of a part-load metric. 76 FR 972, 1016 (January 6, 
2011).
---------------------------------------------------------------------------

    \3\ Midea's petition for a waiver and petition for an interim 
waiver is provided in the docket located at: https://www.regulations.gov/document?D=EERE-2019-BT-WAV-0009-0001.
    \4\ The specific basic models for which the petition applies are 
room air conditioner basic models Midea MAW08V1DWT, Midea 
MAW08V1QWT, Midea MAW10V1DWT, Midea MAW10V1QWT, Midea MAW12V1DWT, 
and Midea MAW12V1QWT. These basic model names were provided by Midea 
in its March 25, 2019 petition.
---------------------------------------------------------------------------

    Midea states that, to operate in the most efficient possible 
manner, variable-speed room air conditioners adjust the compressor 
rotation speed based upon demand to maintain the desired temperature in 
the home without turning the compressor and blower motor(s) on and off. 
Midea claims that, compared to room air conditioners without variable-
speed compressors, this ability to adjust to conditions results in both 
significant energy savings and faster cooling. Midea asserts that 
because the DOE test procedure does not account for part-load 
characteristics, the results of the test procedure are not 
representative of the benefits of variable-speed room air conditioners.
    Midea asserts that the suggested approach is consistent with an 
interim waiver issued to LG Electronics USA, Inc. (``LG'') on June 29, 
2018. 83 FR 30717.
    Midea also requests an interim waiver from the existing DOE test 
procedure. DOE will grant an interim waiver if it appears likely that 
the petition for waiver will be granted, and/or if DOE determines that 
it would be desirable for public policy reasons to grant immediate 
relief pending a determination of the petition for waiver. See 10 CFR 
430.27(e)(2).
    DOE understands that, absent an interim waiver, the test procedure 
does not accurately measure the energy

[[Page 68161]]

consumption of variable-speed room air conditioners, and without waiver 
relief, the part-load characteristics of the basic models identified in 
Midea's petition would not be captured.

III. Requested Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures when 
making representations about the energy efficiency or energy 
consumption and corresponding 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 in a subsequent Decision and Order will 
consider setting an alternate test procedure for the basic models 
listed by Midea.
    Midea requests testing the basic models listed in its petition 
according to the test procedure for variable-speed room air 
conditioners prescribed by DOE in an interim waiver granted to LG. That 
waiver required testing variable-speed room air conditioners according 
to the test procedure in appendix F, except instead of a single rating 
condition, testing of a variable-speed room air conditioner occurred at 
four rating conditions. 83 FR 30717 (``LG Interim Waiver''). DOE later 
issued a Decision and Order to LG that supersedes the interim waiver. 
The four test conditions Midea suggested, identical to those in the LG 
Decision and Order, are presented in Table III.1.

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

    Under the suggested test procedure, the test unit's weighted-
average combined energy efficiency ratio (CEER) metric is calculated 
from the individual CEER values obtained at the four rating conditions. 
DOE based the room air conditioner weighting factors for each rating 
temperature on the fractional temperature bin hours provided in Table 
19 of DOE's test procedure for central air conditioners (10 CFR part 
430, subpart B, appendix M (``appendix M'')). This weighted-average 
value is adjusted to normalize it against the expected weighted-average 
CEER under the same four rating conditions of a theoretical comparable 
single-speed room air conditioner. This theoretical air conditioner is 
one that at the 95 degree Fahrenheit ([deg]F) test condition performs 
the same as the variable-speed test unit, but with differing 
performance at the other rating conditions. The differing performance 
is due to optimization of the refrigeration system efficiency through 
compressor speed adjustments to eliminate cycling losses and better 
match the cooling load. To determine the test unit's final rated CEER 
value, Midea would multiply a performance adjustment factor and the 
measured performance of the variable-speed room air conditioner when 
tested at the 95 [deg]F rating condition according to appendix F. The 
factor reflects the average performance improvement due to the 
variable-speed compressor across multiple rating conditions. Midea 
states that this approach takes into account performance and efficiency 
improvements associated with variable-speed room air conditioners as 
compared to room air conditions with single-speed compressors and 
isolates the effects just attributable to the variable speed operation.

IV. Grant of an Interim Waiver

    DOE has reviewed Midea's petition for an interim waiver and the 
alternate test procedure requested by Midea. These materials that DOE 
reviewed support Midea's assertion of the part-load characteristics of 
the listed basic models and that the DOE test procedure may evaluate 
the basic models in a manner unrepresentative of their true energy 
consumption characteristics. In particular, the DOE test procedure does 
not capture the relative efficiency improvements that can be achieved 
by variable-speed room air conditioners over a range of operating 
conditions compared to single-speed room air conditioners. In the 
absence of an alternate test procedure, the CEER values of variable-
speed room air conditioners would suggest they consume at least as much 
energy annually as a comparable single-speed room air conditioner, 
despite the anticipated benefits of improved performance under part-
load conditions. Furthermore, DOE has reviewed the alternate procedure 
suggested by Midea, along with the additional performance modeling and 
analysis performed by DOE conducted in evaluation of the LG Interim 
Waiver.\5\ Based on this review it appears that the suggested alternate 
test procedure, with the changes described below, will allow for a more 
accurate measurement of efficiency of the listed basic models of 
variable-speed room air conditioners, while alleviating the testing 
problems associated with Midea's testing those basic models.
---------------------------------------------------------------------------

    \5\ The modeling and analysis conducted in evaluation of the LG 
Interim Waiver is available at: https://www.regulations.gov/docket?D=EERE-2018-BT-WAV-0006.
---------------------------------------------------------------------------

    DOE incorporated the following changes into the suggested alternate 
test procedure, based on further review undertaken for the alternate 
test procedure in the waiver DOE granted to LG in a Decision and Order 
published in the Federal Register on May 8, 2019. 82 FR 20111 (``LG 
Decision and Order''). First, DOE is providing compressor speed 
definitions to harmonize the alternate test procedure with industry 
standards. Second, because fixed compressor speeds are critical to the 
repeatability of the alternate test procedure, Midea provided DOE all 
necessary instructions to maintain the compressor speeds required for 
each test condition (Docket No. EERE-2019-BT-WAV-0009-0003). This 
includes the compressor frequency set points at each test condition, 
instructions necessary to maintain the compressor speeds required for 
each test condition, and the control settings used for the variable

[[Page 68162]]

components.\6\ Third, DOE modified the annual energy consumption and 
corresponding cost calculations by specifying the correct method to 
incorporate electrical power input data in 10 CFR 430.23(f), to ensure 
EnergyGuide labels present consistent and appropriate information to 
consumers. Fourth, DOE adjusted the CEER calculations in appendix F for 
clarity. Fifth, as discussed in the LG Decision and Order, DOE is not 
providing the option provided in the LG Interim Waiver to test the 
specified variable-speed room air conditioners using the air-enthalpy 
method. There are two reasons for this. One is that, compared to the 
calorimeter method, the air-enthalpy method's measured results differ. 
The other is that there is heat transfer within and through the unit 
chassis that the calorimeter method captures but the air-enthalpy 
method does not. 84 FR 20111, 20117. Sixth, to ensure that the low and 
intermediate compressor speeds result in representative cooling 
capacity under reduced loads, the low compressor speed definition 
requires that the test unit's measured cooling capacity at the 82 
[deg]F rating condition be no less than 47 percent and no greater than 
57 percent of the measured cooling capacity when operating at the full 
compressor speed at the 95 [deg]F rating condition.\7\
---------------------------------------------------------------------------

    \6\ Pursuant to 10 CFR 1004.11, if the manufacturer submits 
information that it believes to be confidential and exempt by law 
from public disclosure, the manufacturer 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. DOE will make its own determination about the 
confidential status of the information and treat it according to its 
determination.
    \7\ Two aspects of the cooling load range are important: (1) The 
cooling load at 82 [deg]F should be no more than 57 percent of the 
full-load cooling capacity according to the Air-Conditioning, 
Heating, and Refrigeration Institute (AHRI) Standard 210/240-2017, 
``Performance Rating of Unitary Air-conditioning & Air-source Heat 
Pump Equipment,'' and (2) a 10-percent tolerance on the measured 
cooling capacity is necessary because some variable-speed room ACs 
adjust speed in discrete steps, so it may not be possible to achieve 
the 57-percent condition exactly. To provide for the 10-percent 
tolerance, DOE requires the 57-percent cooling load condition as the 
upper end of the range and allows down to a 47-percent cooling load. 
This ensures the cooling load never exceeds 57 percent. The 
compressor speed nomenclature and definition clarifications are 
derived from AHRI 210/240-2017 and adapted to be applicable to room 
ACs. Equation 11.60 in AHRI 210/240-2017 relates the building load 
to an AC's full-load cooling capacity and outdoor temperature, and 
assumes full-load operation at 98 [deg]F outdoor temperature. To 
provide consistency with the full-load test condition for room ACs, 
DOE adjusted (i.e., normalized) this equation to reflect full-load 
operation at 95 [deg]F outdoor temperature. Using the adjusted 
equation suggests that the representative cooling load at the 82 
[deg]F rating condition would be 57 percent of the full-load cooling 
capacity for room air conditioners. DOE recognizes that variable-
speed room ACs may use compressors that vary their speed in discrete 
steps and may not be able to operate at a speed that provides 
exactly 57 percent cooling capacity. Therefore, the defined cooling 
capacity associated with the low compressor speed is presented as a 
10-percent range rather than a single value. 57 percent cooling load 
is the upper bound of the 10-percent range defining the cooling 
capacity associated with the lower compressor speed (i.e., the range 
is defined as 47 to 57 percent). This ensures that the variable-
speed room AC is capable of matching the representative cooling load 
(57 percent of the maximum) at the 82 [deg]F rating condition, while 
providing the performance benefits associated with variable-speed 
operation. In contrast, if the 10-percent range were to be defined 
as, for example, 52 to 62 percent (with 57 percent as the midpoint), 
a variable-speed room AC could be tested at 60 percent, for example, 
without demonstrating the capability to maintain variable-speed 
performance down to 57 percent.
---------------------------------------------------------------------------

    DOE has found that the suggested alternate test procedure, with the 
discussed modifications, will produce more accurate final CEER values 
for the variable-speed room air conditioners under the DOE test 
procedure's existing rating condition. The more accurate results 
reflect the average performance improvement associated with variable-
speed compressors relative to comparable single-speed room air 
conditioners at differing operating conditions (i.e., optimization of 
the refrigeration system efficiency through compressor speed 
adjustments to better match the cooling load and eliminate cycling 
losses). Consequently, it appears likely that DOE will grant Midea's 
petition for waiver. Furthermore, DOE has determined that it is 
desirable for public policy reasons to grant Midea immediate relief 
pending a determination of the petition for waiver.
    For the reasons stated, DOE has granted an interim waiver to GD 
Midea Air Conditioning Equipment Co. LTD (``Midea'') for the room air 
conditioner basic models listed in paragraph (1)(A) below. Therefore, 
DOE has issued an order stating:
    (1) Midea must test and rate the following room air conditioner 
basic models with the alternate test procedure set forth in paragraph 
(2):

 
------------------------------------------------------------------------
                   Brand                             Basic model
------------------------------------------------------------------------
Midea.....................................  MAW08V1DWT
Midea.....................................  MAW08V1QWT
Midea.....................................  MAW10V1DWT
Midea.....................................  MAW10V1QWT
Midea.....................................  MAW12V1DWT
Midea.....................................  MAW12V1QWT
------------------------------------------------------------------------

    (2) The alternate test procedure for the Midea basic models listed 
in paragraph (1) is the test procedure for room air conditioners 
prescribed by DOE at appendix F to subpart B of 10 CFR part 430 
(Appendix F) and 10 CFR 430.23(f), except (i) determine the combined 
energy efficiency ratio (``CEER'') as detailed below, and (ii) 
calculate the average annual energy consumption referenced in 10 CFR 
430.23(f)(3) as detailed below. In addition, for each basic model 
listed in paragraph (1), maintain compressor speeds at each test 
condition and set control settings for the variable components, 
according to the instructions GD Midea Air Conditioning Equipment Co. 
LTD submitted to DOE (https://www.regulations.gov/document?D=EERE-2019-BT-WAV-0009-0003). All other requirements of Appendix F and DOE's 
regulations remain applicable.
    In 10 CFR 430.23, in paragraph (f) revise paragraph (3)(i) to read 
as follows:
    The electrical power input in kilowatts as calculated in section 
5.2.1 of appendix F to this subpart, and
    In 10 CFR 430.23, in paragraph (f) revise paragraph (5) to read as 
follows:
    (5) Calculate the combined energy efficiency ratio for room air 
conditioners, expressed in Btu's per watt-hour, as follows:
    (i) Calculate the quotient of:
    (A) The cooling capacity as determined at the 95 [deg]F outdoor 
test condition, Capacity1, in Btus per hour, as determined 
in accordance with section 5.1 of appendix F to this subpart multiplied 
by the representative average-use cycle of 750 hours of compressor 
operation per year, divided by
    (B) The combined annual energy consumption, in watt hours, which is 
the sum of the annual energy consumption for cooling mode, calculated 
in section 5.4.2 of appendix F to this subpart for test condition 1 in 
Table 1 of appendix F to this subpart, and the standby mode and off 
mode energy consumption, as determined in accordance with section 5.3 
of appendix F to this subpart. Multiply the sum of the annual energy 
consumption in cooling mode and standby mode and off mode energy 
consumption by a conversion factor of 1,000 to convert kilowatt-hours 
to watt-hours.
    (ii) Multiply the quotient calculated in paragraph (f)(5)(i) of 
this section by (1 + Fp), where Fp is the variable-speed room air 
conditioner unit's performance adjustment factor as determined in 
section 5.4.8 of appendix F to this subpart.
    (iii) Round the resulting value from paragraph (f)(5)(ii) of this 
section to the nearest 0.1 Btu per watt-hour.

[[Page 68163]]

    In appendix F:
    Add in Section 1, Definitions:
    1.8 ``Single-speed'' means a type of room air conditioner that 
cannot automatically adjust the compressor speed based on detected 
conditions.
    1.9 ``Variable-speed'' means a type of room air conditioner that 
can automatically adjust the compressor speed based on detected 
conditions.
    1.10 ``Full compressor speed (full)'' means the compressor speed 
specified by Midea (Docket No. EERE-2019-BT-WAV-0009-0003) at which the 
unit operates at full load testing conditions.
    1.11 ``Intermediate compressor speed (intermediate)'' means the 
compressor speed higher than the low compressor speed by one third of 
the difference between low compressor speed and full compressor speed 
with a tolerance of plus 5 percent (designs with non-discrete 
compressor speed stages) or the next highest inverter frequency step 
(designs with discrete compressor speed steps).
    1.12 ``Low compressor speed (low)'' means the compressor speed 
specified by Midea (Docket No. EERE-2019-BT-WAV-0009-0003) at which the 
unit operates at low load test conditions, such that 
Capacity4, the measured cooling capacity at test condition 4 
in Table 1 of this appendix, is no less than 47 percent and no greater 
than 57 percent of Capacity1, the measured cooling capacity 
with the full compressor speed at test condition 1 in Table 1 of this 
appendix.
    1.13 ``Theoretical comparable single-speed room air conditioner'' 
means a theoretical single-speed room air conditioner with the same 
cooling capacity and electrical power input as the variable-speed room 
air conditioner unit under test, with no cycling losses considered, at 
test condition 1 in Table 1 of this appendix.
    Add to the end of Section 2.1 Cooling:
    For the purposes of this waiver, test each unit following the 
cooling mode test a total of four times: One test at each of the test 
conditions listed in Table 1 of this appendix, consistent with section 
3.1 of this appendix.
    Revise Section 3.1, Cooling mode, to read as follows:
    Cooling mode. Establish the test conditions described in sections 4 
and 5 of ANSI/AHAM RAC-1 (incorporated by reference; see 10 CFR 430.3) 
and in accordance with ANSI/ASHRAE 16 (incorporated by reference; see 
10 CFR 430.3), with the following exceptions: Conduct the set of four 
cooling mode tests with the test conditions in Table 1 of this 
appendix. Set the compressor speed required for each test condition in 
accordance with instructions Midea provided to DOE (Docket No. EERE-
2019-BT-WAV-0009-0003).

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

    Replace Section 5.1 to read as follows:
    Calculate the condition-specific cooling capacity (expressed in 
Btu/h), Capacitytc, for each of the four cooling mode rating 
test conditions (tc), as required in section 6.1 of ANSI/AHAM RAC-1 
(incorporated by reference; see 10 CFR 430.3) and in accordance with 
ANSI/ASHRAE 16 (incorporated by reference; see 10 CFR 430.3). 
Notwithstanding the requirements of 10 CFR 430.23(f), when reporting 
cooling capacity pursuant to 10 CFR 429.15(b)(2) and calculating energy 
consumption and costs pursuant to 10 CFR 430.23(f), use the cooling 
capacity determined for test condition 1 in Table 1 of this appendix.
    Replace Section 5.2 to read as follows:
    Determine the condition-specific electrical power input (expressed 
in watts), Ptc, for each of the four cooling mode rating 
test conditions, as required by section 6.5 of ANSI/AHAM RAC-1 
(incorporated by reference; see 10 CFR 430.3) and in accordance with 
ANSI/ASHRAE 16 (incorporated by reference; see 10 CFR 430.3). 
Notwithstanding the requirements of 10 CFR 430.23(f), when reporting 
electrical power input pursuant to 10 CFR 429.15(b)(2) and calculating 
energy consumption and costs pursuant to 10 CFR 430.23(f)(5), use the 
electrical power input value measured for test condition 1 in Table 1 
of this appendix. Notwithstanding the requirements of 10 CFR 430.23(f), 
when calculating energy consumption and costs pursuant to 10 CFR 
430.23(f)(3), use the weighted electrical power input, Pwt, 
calculated in section 5.2.1 of this appendix, as the electrical power 
input.
    Insert a new Section 5.2.1:
    5.2.1 Weighted electrical power input. Calculate the weighted 
electrical power input in cooling mode, Pwt, expressed in 
watts, as follows:

Pwt = [Sigma]tc Ptc x Wtc

Where:

Pwt = weighted electrical power input, in watts, in 
cooling mode.
Ptc = electrical power input, in watts, in cooling mode 
for each test condition in Table 1 of this appendix.
Wtc = weighting factors for each cooling mode test 
condition: 0.05 for test condition 1, 0.16 for test condition 2, 
0.31 for test condition 3, and 0.48 for test condition 4.
tc represents the cooling mode test condition: ``1'' for test 
condition 1 (95 [deg]F condenser inlet dry-bulb temperature), ``2'' 
for test condition 2 (92 [deg]F), ``3'' for test condition 3 (87 
[deg]F), and ``4'' for test condition 4 (82 [deg]F).

    Add a new Section 5.4, following Section 5.3 Standby mode and off 
mode annual energy consumption:
    5.4 Variable-speed room air conditioner unit's performance 
adjustment factor. Calculate the performance adjustment factor (Fp) as 
follows:
    5.4.1 Theoretical comparable single-speed room air conditioner. 
Calculate the cooling capacity, expressed in British thermal units per 
hour (Btu/h), and electrical power input, expressed in watts, for a 
theoretical comparable single-speed room air conditioner at all cooling 
mode test conditions.

Capacityss_tc = Capacity1 x (1 + (Mc x 
(95-Ttc)))
Pss_tc = P1 x (1-(Mp x (95-
Ttc)))

Where:

Capacityss_tc = theoretical comparable single-speed room 
air conditioner cooling capacity, in Btu/h, calculated for each of 
the cooling mode test conditions in Table 1 of this appendix.
Capacity1 = variable-speed room air conditioner unit's 
cooling capacity, in Btu/h, determined in section 5.1 of this 
appendix for test condition 1 in Table 1 of this appendix.
Pss_tc = theoretical comparable single-speed room air 
conditioner electrical power input, in watts, calculated for each of 
the

[[Page 68164]]

cooling mode test conditions in Table 1 of this appendix.
P1 = variable-speed room air conditioner unit's 
electrical power input, in watts, determined in section 5.2 of this 
appendix for test condition 1 in Table 1 of this appendix.
Mc = adjustment factor to determine the increased 
capacity at lower outdoor test conditions, 0.0099.
Mp = adjustment factor to determine the reduced 
electrical power input at lower outdoor test conditions, 0.0076.
Ttc = condenser inlet dry-bulb temperature for each of 
the test conditions in Table 1 of this appendix (in [deg]F).
95 is the condenser inlet dry-bulb temperature for test condition 1 
in Table 1 of this appendix, 95 [deg]F.
tc as explained in section 5.2.1 of this appendix.

    5.4.2 Variable-speed room air conditioner unit's annual energy 
consumption for cooling mode at each cooling mode test condition. 
Calculate the annual energy consumption for cooling mode under each 
test condition, AECtc, expressed in kilowatt-hours per year 
(kWh/year), as follows:

AECtc = 0.75 x Ptc

Where:

AECtc = variable-speed room air conditioner unit's annual 
energy consumption, in kWh/year, in cooling mode for each test 
condition in Table 1 of this appendix.
Ptc as defined in section 5.2.1 of this appendix.
tc as explained in section 5.2.1 of this appendix.
0.75 is 750 annual operating hours in cooling mode multiplied by a 
0.001 kWh/Wh conversion factor from watt-hours to kilowatt-hours.

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

AECss\tc = 0.75 x Pss\tc

Where:

AECss_tc = theoretical comparable single-speed room air 
conditioner annual energy consumption, in kWh/year, in cooling mode 
for each test condition in Table 1 of this appendix.
Pss_tc = theoretical comparable single-speed room air 
conditioner electrical power input, in watts, in cooling mode for 
each test condition in Table 1 of this appendix, determined in 
section 5.4.1 of this appendix.
tc as explained in section 5.2.1 of this appendix.
0.75 as defined in section 5.4.2 of this appendix.

    5.4.4 Variable-speed room air conditioner unit's combined energy 
efficiency ratio at each cooling mode test condition. Calculate the 
variable-speed room air conditioner unit's combined energy efficiency 
ratio, CEERtc, for each test condition, expressed in Btu/Wh.
[GRAPHIC] [TIFF OMITTED] TN13DE19.006

Where:

CEERtc = variable-speed room air conditioner unit's 
combined energy efficiency ratio, in Btu/Wh, for each test condition 
in Table 1 of this appendix.
Capacitytc = variable-speed room air conditioner unit's 
cooling capacity, in Btu/h, for each test condition in Table 1 of 
this appendix, determined in section 5.1 of this appendix.
AECtc = variable-speed room air conditioner unit's annual 
energy consumption, in kWh/yr, in cooling mode for each test 
condition in Table 1 of this appendix, determined in section 5.4.2 
of this appendix.
ETSO = standby mode and off mode annual energy 
consumption for room air conditioners, in kWh/year, determined in 
section 5.3 of this appendix.
tc as explained in section 5.2.1 of this appendix.
0.75 as defined in section 5.4.2 of this appendix.

    5.4.5 Theoretical comparable single-speed room air conditioner 
combined energy efficiency ratio at each cooling mode test condition. 
Calculate the combined energy efficiency ratio for a theoretical 
comparable single-speed room air conditioner, CEERss_tc, for 
each test condition, expressed in Btu/Wh.
[GRAPHIC] [TIFF OMITTED] TN13DE19.007

Where:

CEERss_tc = theoretical comparable single-speed room air 
conditioner combined energy efficiency ratio, in Btu/Wh, for each 
test condition in Table 1 of this appendix.
Capacityss_tc = theoretical comparable single-speed room 
air conditioner cooling capacity, in Btu/h, for each test condition 
in Table 1 of this appendix, in Btu/h, determined in section 5.4.1 
of this appendix.
AECss_tc = theoretical comparable single-speed room air 
conditioner annual energy consumption for each test condition in 
Table 1 of this appendix, in kWh/year, determined in section 5.4.3 
of this appendix.
ETSO = standby mode and off mode annual energy 
consumption for room air conditioners, in kWh/year, determined in 
section 5.3 of this appendix.
tc as explained in section 5.2.1 of this appendix.
0.75 as defined in section 5.4.2 of this appendix.

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

CEERss\tc\adj = CEERss\tc x CLFtc

Where:

CEERss_tc_adj = theoretical comparable single-speed room 
air conditioner adjusted combined energy efficiency ratio, in Btu/
Wh, for each test condition in Table 1 of this appendix.
CEERss_tc = theoretical comparable single-speed room air 
conditioner adjusted combined energy efficiency ratio, in Btu/Wh, 
for each test condition in Table 1 of this appendix, determined in 
section 5.4.5 of this appendix.
CLFtc = cycling loss factor for each cooling mode test 
condition: 1 for test condition 1, 0.971 for test condition 2, 0.923 
for test condition 3, and 0.875 for test condition 4.
tc as explained in section 5.2.1 of this appendix.

    5.4.7 Weighted combined energy efficiency ratio. Calculate the 
weighted combined energy efficiency ratio for the variable-speed room 
air conditioner unit, CEERwt, and theoretical comparable 
single-speed room air conditioner, CEERss_wt, expressed in 
Btu/Wh.

[[Page 68165]]

[GRAPHIC] [TIFF OMITTED] TN13DE19.008

Where:

CEERwt = variable-speed room air conditioner unit's 
weighted combined energy efficiency ratio, in Btu/Wh.
CEERss_wt = theoretical comparable single-speed room air 
conditioner weighted combined energy efficiency ratio, in Btu/Wh.
CEERtc = variable-speed room air conditioner unit's 
combined energy efficiency ratio, in Btu/Wh, at each test condition 
in Table 1 of this appendix, determined in section 5.4.4 of this 
appendix.
CEERss_tc_adj = theoretical comparable single-speed room 
air conditioner adjusted combined energy efficiency ratio, in Btu/
Wh, at each test condition in Table 1 of this appendix, determined 
in section 5.4.6 of this appendix.
Wtc as defined in section 5.2.1 of this appendix.
tc as explained in section 5.2.1 of this appendix.

5.4.8 Variable-speed room air conditioner unit's performance adjustment 
factor. Calculate the variable-speed room air conditioner unit's 
performance adjustment factor, Fp.
[GRAPHIC] [TIFF OMITTED] TN13DE19.009

Where:

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

    (3) Representations. Midea may not make representations about the 
efficiency of any basic model listed in paragraph (1) for any purpose, 
including, for example, compliance and marketing, 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 in 
accordance with 10 CFR 429.15(a).
    (4) This interim waiver shall remain in effect according to the 
provisions of 10 CFR 430.27.
    (5) DOE issues this interim waiver to Midea on the condition that 
the statements, representations, and information provided by Midea are 
valid. Any modifications to the controls or configurations of a basic 
model subject to this waiver will render the waiver invalid with 
respect to that basic model, and Midea will either be required to use 
the current Federal test procedure 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 a basic model's true energy consumption 
characteristics. 10 CFR 430.27(k)(1). Likewise, Midea may request that 
DOE rescind or modify the interim waiver if Midea 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) Midea remains obligated to fulfill the certification 
requirements set forth at 10 CFR part 429.
    DOE makes decisions on waivers and interim waivers for only those 
basic models specifically listed in the petition, not future models 
that may be manufactured by the petitioner. Midea may submit a new or 
amended petition for waiver and request for grant of interim waiver, as 
appropriate, for additional basic models of room air conditioners. 
Alternatively, if appropriate, Midea may request that DOE extend the 
scope of a waiver or an interim waiver to include additional basic 
models employing the same technology as the basic model(s) listed in 
the original petition consistent with 10 CFR 430.27(g).

V. Request for Comments

    DOE is publishing Midea's petition for waiver in its entirety, 
pursuant to 10 CFR 430.27(b)(1)(iv).\8\ The petition includes a 
suggested alternate test procedure, as specified in the petition and 
summarized in section III of this document, to determine the efficiency 
of Midea's listed room air conditioners. DOE may consider including the 
alternate procedure specified in the Interim Waiver Order, specified in 
section IV of this document, in a subsequent Decision and Order.
---------------------------------------------------------------------------

    \8\ The petition did not identify any of the information 
contained therein as confidential business information.
---------------------------------------------------------------------------

    DOE invites all interested parties to submit in writing January 13, 
2020, 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 Phil Hombroek, Midea America Research Center, 2700 
Chestnut Station Court, Louisville, KY 40299.
    Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to http://www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or

[[Page 68166]]

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 18, 2019.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy 
Efficiency and Renewable Energy.
Midea America Research Center
2700 Chestnut Station Court
Louisville, KY 40299
3/25/2019
Via Email: [email protected]
Assistant Secretary of Energy Efficiency and Renewable Energy
U.S. Department of Energy
Building Technologies Program, Test Procedure Waiver
1000 Independence Avenue, SW
Mailstop EE-5B,
Washington, DC 20585
Daniel Simmons

Re: Petition for Waiver & Application for Interim Waiver Regarding Test 
Procedure for Room Air Conditioners, Using 10 CFR part 430, subpart B, 
Appendix F.

    On behalf of GD Midea Air Conditioning Equipment Co. LTD. (Midea), 
Midea America Research Center respectfully submits this Petition for 
Waiver (``Waiver''), and Application for Interim Waiver (``Interim 
Waiver'') regarding the Department of Energy (``DOE'') Test Procedures 
for room air conditioners (RACs), pursuant to 10 CFR 430.27 Appendix F.
    Midea requests that DOE grant Midea a Waiver and Interim Waiver 
because the current test procedure does not accurately measure the 
energy consumption of RACs with variable-speed compressors (``VSC''). 
Midea requests expedited treatment of this Petition and Application. 
Midea submits that this request is fully consistent with the approach 
used in the previously granted Interim Waiver by LG Electronics Inc. 
(``LG'') [Case Number 2018-003; EERE-2018-BT-WAV-006] dated June 29, 
2018. Midea notes that this request is consistent with DOE's authority 
to grant a Waiver. Midea further submits that it is within the DOE's 
authority to grant an Interim Waiver to avoid economic hardship and 
competitive disadvantage of Midea.

1. About Midea

    Midea is the world's largest producer of major appliances, and the 
world's No.1 brand of air-treatment products, air-coolers, kettles, and 
rice cookers. Midea Group is a world leading technologies group in 
consumer appliances, HVAC systems, robotics and industrial automation 
systems, and smart supply chain (logistics). Midea offers diversified 
products, comprised of consumer appliances (kitchen appliances, 
refrigerators, laundry appliances, and various small home appliances), 
HVAC (residential air-conditioning, commercial air-conditioning, 
heating & ventilation), and robotics and industrial automation (Kuka 
Group and Yaskawa joint venture). Midea is committed to improving lives 
by adhering to the principle of ``Creating Value for Customers''. Midea 
focuses on continuous technological innovation to improve products and 
services to make life more comfortable and pleasant.
    Midea's United States affiliate is Midea America Corp, with 
headquarters at 5 Sylvan Way, Suite 100, Parsippany, NJ 07054 (tel. 
973-539-5330) URL: www.us.midea.com/.

[[Page 68167]]

 Its worldwide headquarters are located at Midea Group headquarter 
building, No. 6 Midea Avenue, Beijiao, Shunde, Foshan, Guangdong, 
528311 P.R. China; (tel. 011-86-757-2633-888); URL: www.midea.com/global. Midea America Research Center, at 2700 Chestnut Station Court, 
Louisville, KY 40299, (tel. 502-709-6067). Its Room Air Conditioner 
headquarters is located at GD Midea Air Conditioning Equipment Co. LTD, 
No 6. Midea Avenue, Shunde Foshan, Guangdong 528311

2. Basic models subject to the Waiver request

    This Petition for Waiver and Application for Interim Waiver is for 
all of the following basic models of residential room air conditioners 
manufactured by Midea. All models are in product class 3.
    The following Midea Branded Basic Models are listed below:
    In Product Class 3. Without reverse cycle, with louvered sides and 
8,000 to 13,999 British Thermal Units (BTU)/hour (hr).

MAW08V1DWT (tentative 8,000 BTU/hr Capacity inverter)
MAW08V1QWT (tentative 8,000 BTU/hr Capacity inverter)
MAW10V1DWT (tentative 10,000 BTU/hr Capacity inverter)
MAW10V1QWT (tentative 10,000 BTU/hr Capacity inverter)
MAW12V1DWT (tentative 12,000 BTU/hr Capacity inverter)
MAW12V1QWT (tentative 12,000 BTU/hr Capacity inverter)

3. Requested Waiver

    Midea requests the approval to test the energy consumption of the 
above residential room air conditioners using the same methodology and 
test procedure detailed in the granted interim waiver by LG Electronics 
[Case Number 2018-003; EERE-2018-BT-WAV-006] dated June 29, 2018.
    Strong demand for advanced energy efficient room air conditioners 
have led, Midea to design room air conditioners with dramatic energy 
savings, and the ability to maintain the desired temperature in the 
home without cycling the compressor motor and fans on and off. In this 
case, the compressor responds automatically to surrounding conditions 
by adjusting the compressor rotational speed from low to high based 
upon demand. This results in faster cooling and much more efficient 
operation through optimizing the speed of the compressor to make 
minimal adjustments as the room temperature rises and falls.
    As LG mentions in their initial waiver, the current DOE test 
procedure requires that room air conditioners be tested only at full-
load performance. As such, the test procedure does not take into 
account the benefits of a VSC accounting for partial load conditions.
    Midea requests that the alternate test procedure detailed in 
section III of the granted interim waiver by LG Electronics [Case 
Number 2018-003; EERE-2018-BT-WAV-006] dated June 29, 2018 be used to 
determine the energy consumption of the specific models identified 
above. The four cooling mode tests highlighted in Table 1 are the best 
and most appropriate method to capture the actual energy usage of this 
product.

4. Regulatory framework

    DOE's regulations found in 10 CFR 430.27, provide that the 
Assistant Secretary will grant a Petition to a manufacturer upon, 
``determination that the basic model for which the waiver was requested 
contains a design characteristic which either prevents testing of the 
basic model according to the prescribed test procedures, or the 
prescribed test procedures may evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data.''
    Midea believes that this Petition meets conditions stated above for 
when DOE will grant a Petition. The current DOE test procedure, 10 CFR 
430 Appendix F, requires that RACs be tested at full load conditions 
and does not make any account for RACs offering variable-speed 
operation based upon different air test conditions. As a result, 
Midea's new VSC RACs cannot be tested to the most appropriate test 
procedure taking full advantage of the benefits of VSC technology. If 
Midea were to test its VSC RACs to the current test procedure the 
results of energy would be wholly unrepresentative of the true energy 
consumption characteristics of the new models.

5. Other manufacturers with similar design characteristics

    To Midea's knowledge, the only other models with similar design 
characteristic are those listed in the appendix of LG Electronics 
granted Waiver [Case Number 2018-003; EERE-2018-BT-WAV-006] dated June 
29, 2018.

6. Additional justification for Interim Waiver Application

a. Strong likelihood that the waiver will be granted

    Midea has provided strong evidence that the waiver should be 
granted. A petition for waiver is appropriate because the VSC RACs 
should not be tested with the current test procedure that does not 
accurately test VSC by testing only in the full load condition. These 
compressors can vary the speed of the compressor based upon the 
surrounding air conditions and will optimize the energy usage based on 
these conditions. A RAC without a VSC cannot operate in this fashion. 
In these RACs the compressor is either on at full capacity or off. The 
test procedure granted in the waiver provided by LG Electronics on 
dated June 29, 2018 will appropriately account for energy being used at 
different test conditions.
    Midea has also demonstrated that this approach is consistent with 
past waiver approaches that other manufacturers have taken to receive 
DOE waivers.

b. Economic hardship & competitive disadvantage.

    In the absence of an Interim Waiver, Midea will lack certainty as 
to whether it can launch these VSC RACs. Midea predicts strong consumer 
demand for these VSC RACs, and the inability to market through denial 
of an Interim Waiver will cause economic hardship and competitive 
disadvantage to Midea.
    There are exceptionally long lead times and significant expenses 
associated with the design and manufacturer of RACs. Compliance with 
federally mandated energy consumption standards is a critical design 
factor for all of Midea's RACs. Any delay in obtaining clarity on this 
issue will cause Midea to postpone key decisions regarding its 
investments to build, launch and market these RACs. In the event that 
this Waiver is not approved, Midea would not be able to move forward 
with the launch of these models, which would be a multi-million-dollar 
impact to the company and would require costly contingency plans and 
put us at a competitive disadvantage to competitors that market VSC 
RACs.

7. Certification of notice to other manufacturers

    Midea is providing concurrent notice of this Petition for Waiver & 
Application for Interim Waiver to the other known manufacturers of Room 
Air Conditioners made or sold in the United States and to the 
Association of Home Appliance Manufacturers. The cover

[[Page 68168]]

letters, including names and addresses of other known manufacturers and 
the industry association, is included in Exhibit A.

8. Conclusion

    Midea respectfully requests that the DOE grant the above Petition 
for Waiver and Interim Waiver. By granting this Waiver, DOE will ensure 
that consumers will have access to new, innovative and energy efficient 
variable-speed compressors RACs and Midea will avoid economic hardship 
and competitive disadvantage.
    Thank you in advance for your consideration and prompt response.

Sincerely,

/s/

Phil Hombroek

Manager, Government Relations,
Midea America Research Center

Exhibit A

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Arctic Wind, 5401 Dansher Rd.,              Haier, ATTN: Earl F. Jones
 Countryside, IL 60525.                      Appliance Park, Building 2
                                             Room 131, Louisville, KY
                                             40225.
Brothers Air Conditioning, ATTN: J.         Kenmore, ATTN: Martin Olson,
 McFadden, 1320 E Main St., Rock Hill, SC    3333 Beverly Rd., DC-201-B,
 29730-5950.                                 Hoffman Estates, IL 60179.
CLASSIC, 7101 NW 43rd Street, Miami,        Kenmore Elite, ATTN: Martin
 Florida 33166.                              Olson, 3333 Beverly Rd., DC-
                                             201-B, Hoffman Estates, IL
                                             60179.
Comfortaire Customer Service, P.O. Box      Koldfront, 500 N Capital of
 9219, Greenville, SC 29604.                 Texas Hwy., Building 5,
                                             Austin, TX 78746.
Continental Electric c/o CEM Global, ATTN:  Master Craft, 19000 Cleaton
 Customer Service CE North America, LLC,     Dr., Edmon, OK 73012.
 6950 NW 77th Court, Miami, FL 33166.
Cool-Living, P.O. Box 893838, Mililani, HI  NORPOLE, 940 N Central Ave.,
 96789.                                      Wood Dale, IL 60191-2802.
Costa Mechanical and Air, 613 SW Pine       Perfect Aire, 5401 Dansher
 Island Rd., Unit 17, Cape Coral, FL         Rd., Countryside, IL 60525.
 33991.
Crosley, 952 Copperfield Blvd. NE,          RCA, 180 Marcus Blvd.,
 Concord, NC 28025.                          Hauppauge, New York, New
                                             York 11788.
Danby, ATTN: Greg Hall, 5070 Whitelaw Rd.,  Rowa, Shounan Industry Park
 Guelph, ON N1G 6Z9 CANADA.                  Ningbo, China.
DELLA, 19395 E Walnut Dr. N, City of        Sea Breeze, 3725 Commercial
 Industry, CA 91748-1436.                    Way, Spring Hill, FL 34606.
Friedrich, ATTN: Stephen Pargeter, 10001    SOLEUSAIR, 20035 E Walnut
 Reunion Pl., Ste., 500, San Antonio, TX     Dr. N, Industry, CA 91789.
 78216.
Electrolux Home Products, North America,    TCL, 1255 Graphite Dr.,
 P.O. Box 3900, Peoria, IL 61612.            Corona, CA 92881.
Garrison Heating and Cooling Products, c/o  Thermal Zone, c/o United
 Interline Brands, 801 West Bay Street,      Refrigeration, 11401
 Jacksonville, FL 32204.                     Roosevelt Blvd.,
                                             Philadelphia, PA 19154.
Global Industrial, 11 Harbor Park Dr.,      TOSOT, 5965 chemin de la
 Port Washington, NY 11050.                  cote de liesse,
                                             Montr[eacute]al, QC H4T
                                             1C3.
GREE, ATTN: Huang Hui, West Jinji West      Westpointe, 4849 Laurel
 Road, Qian Shan GNG, Zhuhai, Guangdong,     Ridge Dr., Riverside, CA
 519070 CHINA.                               92509.
------------------------------------------------------------------------

[FR Doc. 2019-26904 Filed 12-12-19; 8:45 am]
 BILLING CODE 6450-01-P