[Federal Register Volume 85, Number 185 (Wednesday, September 23, 2020)]
[Notices]
[Pages 59770-59778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20994]
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DEPARTMENT OF ENERGY
[Case Number 2020-004; EERE-2020-BT-WAV-0021]
Energy Conservation Program: Notice of Petition for Waiver of GE
Appliances, a Haier Company 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;
request for comments.
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SUMMARY: This notice announces receipt of and publishes a petition for
waiver and interim waiver from GE Appliances, a Haier Company, which
seeks a waiver for specified room air conditioner basic models from the
U.S. Department of Energy (``DOE'') test procedure used for determining
the efficiency of room air conditioners. DOE also gives notice of an
Interim Waiver Order that requires GEA to test and rate the specified
room air conditioner basic models in accordance with the alternate test
procedure set forth in the Interim Waiver Order. DOE solicits comments,
data, and information concerning GEA's petition and suggested alternate
test procedure so as to inform DOE's final decision on GEA's waiver
request.
DATES: The Interim Waiver Order is effective on September 23, 2020.
Written comments and information will be accepted on or before October
23, 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 ``2020-004'', and Docket number ``EERE-2020-BT-WAV-0021,''
by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected]. Include Case No. 2020-
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. 2020-004, 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.
Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202)
287-1445. If possible, please submit all items on a CD, in which case
it is not necessary to include printed copies.
No telefacsimilies (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see the SUPPLEMENTARY INFORMATION section 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 https://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0021. The docket web page contains
instruction on how to access all documents, including public comments,
in the docket. See the SUPPLEMENTARY INFORMATION section 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. Email: [email protected]. Ms.
Amelia Whiting, 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) 586-2588. Email:
[email protected].
SUPPLEMENTARY INFORMATION: DOE is publishing GE Appliances, a Haier
Company's \1\ (``GEA'') petition for waiver in its entirety, pursuant
to 10 CFR 430.27(b)(1)(iv), absent any information for which GEA
requested treatment as confidential business information. DOE invites
all interested parties to submit in writing by October 23, 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 John T. Schlafer, [email protected], Appliance Park--
AP2-225, Louisville, KY 40225.
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\1\ The petition was filed under the company name GE Appliances,
a Haier Company. DOE notes that the official company name is Haier
US Appliance Solutions. For the purpose of this notice and the
interim order, DOE uses the name as provided in the petition and
treats the two names as synonymous.
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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 complete 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. If this instruction is followed, persons viewing comments will
see only first and last names, organization names, correspondence
containing comments, and any documents submitted with the comments.
Do not submit to http://www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through http://www.regulations.gov cannot be claimed as CBI. Comments
received through the website will waive any CBI claims for the
information submitted. For information on submitting CBI, see the
Confidential Business Information section.
[[Page 59771]]
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/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal 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 postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
Faxes will not 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/courier 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.
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).
Signing Authority
This document of the Department of Energy was signed on September
18, 2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for
Energy Efficiency, Energy Efficiency and Renewable Energy, pursuant to
delegated authority from the Secretary of Energy. That document with
the original signature and date is maintained by DOE. For
administrative purposes only, and in compliance with requirements of
the Office of the Federal Register, the undersigned DOE Federal
Register Liaison Officer has been authorized to sign and submit the
document in electronic format for publication, as an official document
of the Department of Energy. This administrative process in no way
alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on September 18, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
Case Number 2020-004
Interim Waiver Order
I. Background and Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\2\
authorizes the U.S. Department of Energy (``DOE'') to regulate the
energy efficiency of a number of consumer products and certain
industrial equipment. (42 U.S.C. 6291-6317) Title III, Part B \3\ of
EPCA. Public Law 94-163 (42 U.S.C. 6291-6309, as codified), 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 room air conditioners, the subject of this Interim
Waiver Order. (42 U.S.C. 6292(a)(2))
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\2\ 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 (Oct. 23, 2018).
\3\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated as Part A.
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The energy conservation program under EPCA 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), test
procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294),
energy conservation standards (42 U.S.C. 6295), 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 the energy efficiency, energy use or
estimated annual operating cost of a covered product during a
representative average use cycle or period of use and that test
procedures not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
The test procedure for room air conditioners is contained in the Code
of Federal Regulations (``CFR'') at 10 CFR part 430 subpart B appendix
F, ``Uniform Test Method for Measuring the Energy Consumption of Room
Air Conditioners'' (``appendix F'').
Under 10 CFR 430.27, any interested person may submit a petition
for waiver from DOE's test procedure requirements. DOE will grant a
waiver from the test procedure requirements if DOE determines either
that the basic model for which the waiver was requested contains a
design characteristic that prevents testing of the basic model
according to the prescribed test procedures, or that the prescribed
test procedures evaluate the basic model in a manner so
unrepresentative of its true energy consumption characteristics as to
provide materially inaccurate comparative data. 10 CFR 430.27(f)(2). A
petitioner must include in its petition any alternate test procedures
known to
[[Page 59772]]
the petitioner to evaluate the performance of the product type in a
manner representative of the energy consumption characteristics of the
basic model. 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 to that effect. Id.
The waiver process also provides that DOE may grant an interim
waiver if it appears likely that the underlying petition for waiver
will be granted and/or if DOE determines that it would be desirable for
public policy reasons to grant immediate relief pending a determination
on the underlying petition for waiver. 10 CFR 430.27(e)(2). Within one
year of issuance of an interim waiver, DOE will either: (i) Publish in
the Federal Register a determination on the petition for waiver; or
(ii) publish in the Federal Register a new or amended test procedure
that addresses the issues presented in the waiver. 10 CFR 430.27(h)(1).
When DOE amends the test procedure to address the issues presented
in a waiver, the waiver will automatically terminate on the date on
which use of that test procedure is required to demonstrate compliance.
10 CFR 430.27(h)(2).
II. GEA's Petition for Waiver and Interim Waiver
On June 2, 2020, GEA filed a petition for waiver and interim waiver
from the test procedure for room air conditioners set forth at appendix
F. (GEA, No. 1 at pp. 1-4) \4\ Appendix F requires testing in the full-
load condition and according to GEA does not take into account the
energy savings achieved by variable-speed compressors under part-load
conditions.\5\ Appendix F requires testing room air conditioners only
with full-load performance, in part, as a result of DOE having
previously concluded that developing a part-load metric for this
product was not likely to stimulate widespread use of part-load
technology. 76 FR 972, 1016 (Jan. 6, 2011).
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\4\ A notation in this form provides a reference for information
that is in the docket for this test procedure waiver (Docket No.
EERE-2020-BT-WAV-0021) (available at https://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0021). This notation indicates that the
statement preceding the reference is document number 1 in the docket
and appears at pages 1-4 of that document.
\5\ The specific basic models for which the petition applies are
basic models AHNR08AC, AHNR10AC, AHNR12AC, AHTR08AC, AHTR10AC,
AHTR12AC, AKNR08AC, AKNR10AC, AKNR12AC, AHNR14AC, AHNR18AC,
AHTR14AC, AHTR18AC, AKNR14AC, AKNR18AC, AHNR24AC, AHTR24AC, and
AKNR24AC. GEA provided these basic model names in its June 2, 2020
petition.
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GEA states the basic models listed in its petition adjust their
compressor speed based on detected conditions, which results in more
efficient operation under part-load conditions. GEA claims that these
speed adjustments allow the compressor to run for longer periods
without cycling on and off, improving efficiency in a way that is not
currently captured by the DOE test procedure.
GEA 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. 10 CFR
430.27(e)(2).
DOE understands that, absent an interim waiver, the test procedure
does not accurately measure the energy consumption of variable-speed
room air conditioners, and without a test procedure waiver, the part-
load characteristics of the basic models identified in GEA's petition
would not be captured.
III. Requested Alternate Test Procedure
EPCA requires that manufacturers use DOE test procedures when
making representations about the energy consumption and energy
consumption costs of covered products. (42 U.S.C. 6293(c)) Consistency
is important when making representations about the energy efficiency of
products, including when demonstrating compliance with applicable DOE
energy conservation standards. Pursuant to its regulations at 10 CFR
430.27, and after consideration of public comments on the petition, DOE
may establish in a subsequent Decision and Order an alternate test
procedure for the basic models addressed by the Interim Waiver Order.
GEA seeks to use an alternate test procedure to test and rate
specific room air conditioner basic models that is the same as the
alternate test procedure prescribed in a Decision and Order granted to
LG Electronics U.S.A., Inc., published on May 8, 2019 (84 FR 20111;
``LG Waiver'') and a Decision and Order granted to GD Midea Air
Conditioning Equipment Co., Ltd, published on May 26, 2020 (85 FR
31481; ``Midea Waiver'').\6\ The LG Waiver and Midea Waiver each
require testing certain basic models of variable-speed room air
conditioners according to the test procedure in appendix F in a
modified fashion. Instead of testing at only one rating condition,
these Waivers require testing at four rating conditions. 84 FR 20111,
20119; 85 FR 31481; 31486. The four test conditions GEA requests are
identical to those in the LG Waiver and the Midea Waiver and are
presented in Table III.1.
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\6\ The alternate test procedures prescribed in the LG Waiver
and Midea Waiver are substantively the same. In the Midea Waiver,
DOE provided some additional clarifications and instruction
regarding definitions, maintenance of compressor speed, the annual
energy consumption and corresponding cost calculations, and
adjustments to the CEER calculation for clarity. 85 FR 31481, 31483.
Table III.1--Indoor and Outdoor Inlet Air Test Conditions--Variable-Speed Room Air Conditioners
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Evaporator inlet (indoor) air, Condenser inlet (outdoor) air,
[deg]F [deg]F
Test condition ---------------------------------------------------------------- Compressor speed
Dry bulb Wet bulb Dry bulb Wet bulb
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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.
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[[Page 59773]]
GEA requests the same test procedure as granted in the LG and Midea
Waivers. That test procedure yields four individual CEER ratings, one
at each test condition. A 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. Determining the test unit's final rated CEER value under
the procedure GEA requested involves multiplying a performance
adjustment factor with the measured performance of the variable-speed
room air conditioner when tested at the 95 [deg]F rating condition
according to appendix F. The performance adjustment factor, derived
from testing at the multiple rating conditions, reflects the average
performance improvement due to the variable-speed compressor across
multiple rating conditions. GEA states that this approach takes into
account performance and efficiency improvements associated with
variable-speed room air conditioners.
IV. Interim Waiver Order
DOE has reviewed GEA's application for an interim waiver, the
alternate test procedure requested by GEA, and performance data for the
models listed by GEA in its petition. Based on this review, the
alternate test procedure requested by GEA, along with the additional
clarification and detail provided in the Midea Waiver and one
additional clarification that the electrical power input in 10 CFR
430.23(f)(3)(i) is in units of watts, appears to allow for the accurate
measurement of the energy efficiency of the listed basic models of room
air conditioners, while alleviating the testing problems associated
with GEA's implementation of room air conditioner testing for these
basic models. Consequently, DOE has determined that it likely will
grant GEA's petition for waiver. Furthermore, DOE has determined that
it is desirable for public policy reasons to grant GEA immediate relief
pending a determination of the petition for waiver.
For the reasons stated, it is ordered that:
(1) GEA must test and rate the following room air conditioner basic
models with the alternate test procedure set forth in paragraph (2).
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Brand Basic model
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GE...................................................... AHNR08AC
GE...................................................... AHNR10AC
GE...................................................... AHNR12AC
GE...................................................... AHTR08AC
GE...................................................... AHTR10AC
GE...................................................... AHTR12AC
GE...................................................... AKNR08AC
GE...................................................... AKNR10AC
GE...................................................... AKNR12AC
GE...................................................... AHNR14AC
GE...................................................... AHNR18AC
GE...................................................... AHTR14AC
GE...................................................... AHTR18AC
GE...................................................... AKNR14AC
GE...................................................... AKNR18AC
GE...................................................... AHNR24AC
GE...................................................... AHTR24AC
GE...................................................... AKNR24AC
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(2) The alternate test procedure for the GEA basic models listed in
paragraph (1) of this Interim Waiver Order is the test procedure for
room air conditioners prescribed by DOE at 10 CFR part 430, subpart B,
appendix F and 10 CFR 430.23(f), with the following two exceptions: (i)
Determine the 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), at
each test condition maintain compressor speeds and control settings for
the variable components according to the instructions GEA submitted to
DOE (https://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0021-0001).
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 watts as calculated in section 5.2.1
of appendix F to this subpart divided by 1,000 to convert the power to
kilowatts, 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 measured 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 measured 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 calculated 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.
In 10 CFR part 430, subpart B, 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 GE Appliances, a Haier Company (https://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0021-0001) 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 GE Appliances, a Haier Company (https://
www.regulations.gov/
[[Page 59774]]
docket?D=EERE-2020-BT-WAV-0021-0001) 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 GE Appliances, a Haier Company provided to
DOE (https://www.regulations.gov/docket?D=EERE-2020-BT-WAV-0021-0001).
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:
[GRAPHIC] [TIFF OMITTED] TN23SE20.000
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, measured 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 cooling mode test conditions in Table 1 of this appendix.
P1 = variable-speed room air conditioner unit's
electrical power input, in watts, measured 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
[[Page 59775]]
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, calculated 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] TN23SE20.001
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, measured 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, calculated in section 5.4.2
of this appendix.
ETSO = standby mode and off mode annual energy
consumption for room air conditioners, in kWh/year, calculated 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] TN23SE20.002
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, calculated 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, calculated in section 5.4.3
of this appendix.
ETSO = standby mode and off mode annual energy
consumption for room air conditioners, in kWh/year, calculated 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, calculated 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.
[GRAPHIC] [TIFF OMITTED] TN23SE20.003
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, calculated in
[[Page 59776]]
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, calculated
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] TN23SE20.004
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, calculated 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,
calculated in section 5.4.7 of this appendix.
(3) Representations. GEA may not make representations about the
efficiency of a basic model listed in paragraph (1) for compliance,
marketing, or other purposes unless that 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 Interim Waiver Order shall remain in effect according to
the provisions of 10 CFR 430.27.
(5) This Interim Waiver Order is issued on the condition that the
statements, representations, test data, and documents provided by GEA
are valid. If GEA makes any modifications to the controls or
configurations of a basic model subject to this Interim Waiver Order,
such modifications will render the waiver invalid with respect to that
basic model, and GEA 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 the Interim Waiver Order is
incorrect, or the results from the alternate test procedure are
unrepresentative of the basic model's true energy consumption
characteristics. 10 CFR 430.27(k)(1). Likewise, GEA may request that
DOE rescind or modify the Interim Waiver Order if GEA 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) GEA remains obligated to fulfill any certification requirements
set forth at 10 CFR part 429.
DOE makes decisions on waivers and interim waivers for only those
basic models specifically set out in the petition, not future models
that may be manufactured by the petitioner. GEA 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, GEA may request that DOE extend the
scope of a waiver or an interim waiver to include additional basic
models employing the same technology as the basic model(s) set forth in
the original petition consistent with 10 CFR 430.27(g).
Signed in Washington, DC, on September 18, 2020.
Alexander N. Fitzsimmons,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
John T. Schlafer
Senior Counsel
Appliance Park--AP2-225
Louisville, KY 40225
T: (502) 452-7603
F: (502) 452-0347
[email protected]
June 2, 2020
Via Email ([email protected])
Mr. Daniel Simmons
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
Re: Petition for Waiver & Application for Interim Waiver Regarding Test
Procedure for Room Air Conditioners, Using 10 CFR part 430, subpart B,
Appendix F.
Dear Asst. Sec. Simmons:
GE Appliances, a Haier company (GEA) respectfully submits this
Petition for Waiver and Application for Interim Waiver from the
Department of Energy (DOE) test procedure for Room Air Conditioners in
10 CFR 430 Subpart B, Appendix F. GEA's request is fully consistent
with the previously granted interim waivers provided to LG Electronics
USA, Inc. ``LG'' [Case Number 2018-003; EERE-2018-BT-WAV-0006] 84 FR
20111 and GD Midea Air Conditioning Equipment Co. LTD ``Midea'' [Case
Number 2019-004; EERE-2019-BT- WAV-0009] 85 FR 31481.
GEA requests this waiver and interim waiver for the same reason as
LG and Midea: The current test procedure does not accurately measure
energy consumption for room air conditioners with Variable Speed
Compressors (VSCs). GEA requests expedited treatment of this Petition
and Application as DOE has considered this exact issue twice before and
approved both petitions.
1. About GE Appliances
GEA is a leading, US manufacturer of home appliances. GEA offers a
full suite of major appliances across seven brands as well as portable
appliances. GEA has been a participant in and contributor to the DOE's
home appliance energy conservation program since its founding more than
40 years ago. Indeed, GEA supports the goal of the appliance efficiency
program: maximizing energy savings improvements that offer consumers
real economic benefits and that do not diminish product performance.
GEA devotes substantial resources to the development of new
technologies to increase energy efficiency where they are feasible and
engineering products to meet the demanding DOE energy efficiency
requirements.
2. Basic Models for Which a Waiver Is Requested
This Petition for Waiver and Application for Interim Waiver covers
the residential room air conditioner basic models listed below.
------------------------------------------------------------------------
Product Class 4 Product Class 5
Product Class 3 Without Without reverse Without reverse
reverse cycle, with louvered cycle, with louvered cycle, with louvered
sides, and 8,000 to 13,999 sides, and 14,000 to sides, and 20,000 to
Btu/h 19,999 Btu/h 27,999 Btu/h
------------------------------------------------------------------------
AHNR08AC.................... AHNR14AC............ AHNR24AC.
AHNR10AC.................... AHNR18AC............ AHTR24AC.
AHNR12AC.................... AHTR14AC............ AKNR24AC.
AHTR08AC.................... AHTR18AC............
AHTR10AC.................... AKNR14AC............
[[Page 59777]]
AHTR12AC.................... AKNR18AC............
AKNR08AC....................
AKNR10AC....................
AKNR12AC....................
------------------------------------------------------------------------
The basic models will be distributed in commerce under the brand
name ``GE''.
3. Design Characteristic Constituting Grounds for the Petition
The basic models listed utilize a VSC design. The models
automatically adjust compressor speed based on detected conditions
allowing for more efficient operation under part-load conditions. The
compressor varies its rotational speed based on the heating load in the
room. As the outdoor temperature drops, the heat load on the room drops
as well. The air conditioner detects this changing heat load by
comparing room temperature to a consumer setpoint. As the room
temperature approaches the consumer setpoint, the compressor speed
slows and thus reduces cooling capacity and input watts. This allows
the compressor to run longer periods without cycling on and off, which
improves efficiency and results in energy savings. This improvement in
efficiency is not captured in the current DOE test procedure, which
allows for testing at full-load performance only. The current DOE test
procedure disincentivizes manufacturers from bringing this energy
saving technology to the market. Without a waiver, the energy savings
of this technology cannot be communicated to consumers and the
increased cost to manufacture these more efficient units cannot be
recouped by manufacturers.
4. Requirements Sought To Be Waived
The current test procedure in Appendix F requires testing in the
full-load condition and does not take into account the energy savings
achieved with the part-load characteristics of VSCs. As DOE stated when
granting this same petition for LG, ``DOE agrees that the current test
procedure produces test results that are unrepresentative of actual
energy use, and accordingly energy efficiency, for variable-speed room
air conditioners''. 84 FR 20113. Without a waiver, the basic models
referenced above cannot be accurately tested and rated for energy
consumption.
5. Manufacturers of All Other Basic Models With Similar Design
Characteristics
To GEA's knowledge, the only other models with similar design
characteristic are those listed in LG's and Midea's granted waivers,
which are cited above.
6. The Proposed Alternate Test Procedure Has Been Approved Twice by DOE
GEA requests that the alternate test procedure prescribed by DOE in
the LG waiver order at 84 FR 20118-20121 be used to measure the energy
efficiency for the basic models referenced above. The approach and test
procedure specified in the order cover room air conditioners with VSCs
and are applicable to the referenced basic models' design. The
alternate test procedure requires testing at four test conditions as
specified in Table 1 of the LG waiver order. These conditions reflect
operation under part-load conditions and more accurately measure energy
consumption for the basic models.
The test setup instructions for maintaining the compressor speeds
at each test condition when testing in accordance with this waiver
request are included in Exhibit A. Initial test data from tests
conducted on select basic models in accordance with this waiver request
are included in Exhibit B. The documents in Exhibits A and B have been
marked as confidential business information pursuant to 10 CFR 1004.11.
7. The Application for Interim Waiver Should Be Granted
a. The Petition for Waiver Will Likely Be Successful
This Petition for Waiver is likely to be granted as substantively
identical waivers have already been granted to LG and Midea. Further,
the waiver is needed as there is no dispute among stakeholders, as seen
in the responses to the LG and Midea waiver requests, that the current
test method does not accurately measure the energy consumption for the
basic models and the proposed alternate method provides a means of
accurate measurement. The alternate test procedure, previously approved
by DOE, is applicable to the basic models' design characteristics and
will evaluate the performance of the models in a manner representative
of the actual energy consumption.
b. Failure To Provide and Interim Waiver Will Cause Economic Hardship
and Competitive Disadvantage
If DOE does not promptly grant an interim waiver, GEA will likely
be unable to incorporate VSCs into its room air conditioners for the
2021 season. The design and manufacture of room air conditioners
requires long lead times and significant capital investments for design
changes of this nature. Without prompt action by DOE, consumers will
likely be deprived of greater choice for more energy efficient room air
conditioners. Further, the failure to quickly grant an interim waiver
will provide unreasonable competitive advantage to other manufacturers
who have already been granted substantively identical waivers.
8. Notice to Other Manufacturers
Pursuant to 10 CFR 430.27(c), upon publication of a grant of
interim waiver, GEA will notify in writing all known manufacturers of
domestically marketed basic models of the same product class (as
specified in 10 CFR 430.32) and of other product classes known to the
petitioner to use the technology or have the characteristic at issue in
the waiver. The notice will include a statement that DOE has published
the interim waiver and petition for waiver in the Federal Register and
the date the petition for waiver was published. The notice will also
include a statement that DOE will receive and consider timely written
comments on the petition for waiver. Within five working days of
publication of the grant of interim waiver, GEA will file with DOE a
statement certifying the names and addresses of each person to whom a
notice of the petition for waiver was sent.
9. Conclusion
GEA respectfully requests that DOE grant this Petition for Waiver
and Application for Interim Waiver from the current test procedure for
the specified basic models. As DOE has already twice reviewed and
approved identical requests for other manufacturers, GEA
[[Page 59778]]
requests expedited review and approval of the application for Interim
Waiver. DOE's approval of GEA's request will ensure consumers have the
greatest access to this important, energy-saving technology.
Very truly yours,
John T. Schlafer
Attachments:
Exhibit A--Test Setup Instructions
Exhibit B--Preliminary Test Data
Exhibit A--Test Setup Instructions
[Redacted]
Exhibit B--Preliminary Test Data
[Redacted]
[FR Doc. 2020-20994 Filed 9-22-20; 8:45 am]
BILLING CODE 6450-01-P