[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]


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

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.

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

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.
---------------------------------------------------------------------------

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

    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))
---------------------------------------------------------------------------

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

    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).
---------------------------------------------------------------------------

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

    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.
---------------------------------------------------------------------------

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


[[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).

------------------------------------------------------------------------
                          Brand                             Basic model
------------------------------------------------------------------------
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
------------------------------------------------------------------------

    (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