Notice of Petition for Waiver of GD Midea Heating & Ventilating Equipment Co., Ltd. From the Department of Energy Central Air Conditioners and Heat Pumps Test Procedure, and Notice of Grant of Interim Waiver, 24767-24778 [2018-11544]
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Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
AeroSys TTWC–R**H Series units are sold
and intended for use only with blower coil
indoor units. To see a list of approved air
handlers please go to www.aerosysinc.com/
certified-ratings.6
Such statements also are on the
AeroSys website 7 and in Installation,
Operation, and Maintenance Manuals.8
Testing these models with coil-only
combinations, rather than in the
intended manner with blower coil
indoor units, will overstate energy usage
and thus would not reflect the models’
true energy characteristics. That is
because the default value for wattage in
coil-only testing exceeds the actual
wattage of the high efficiency motors
used in the AeroSys models.
DOE has addressed this situation and
recently solicited waiver requests to
deal with it.9 DOE acknowledged that
the text of its current regulations does
not provide for an exclusion for coilonly testing for blower coil indoor units.
It then solicited waiver requests to
remedy the problem:
If a manufacturer believes that coil-only
testing of a product is not appropriate
because the basic model is only sold and
installed exclusively with blower coil indoor
units, the manufacturer may petition DOE for
a test procedure waiver showing that
installation is exclusively blower coil and
requesting a blower coil test.
This reasoning applies squarely to
AeroSys’ situation. AeroSys has
conferred with DOE about applying for
a waiver.
Requiring testing of the models in
Appendix I with coil-only combinations
will effectively eliminate such products
due to the default value for wattage in
coil-only testing. It will cause grave
economic hardship for AeroSys—
jeopardizing the company’s viability. It
will also create substantial difficulty for
the housing industry, which will be
deprived of these beneficial products.
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III. Proposed Alternate Test Procedure.
AeroSys proposes the following
alternate test procedure to evaluate the
performance of the basic models listed
in Appendix I.
AeroSys shall be required to test the
performance of the basic models listed
6 See AeroSys Sales Brochure, Thru-The-Wall
TTWC–R Series Condensing Unit Catalog, 1–1/2 To
2–1/2 Ton Capacity, at https://www.aerosysinc.com/
files/170523%20SALES%20LIT/TTWC-Condensing
%20Unit%201.5%20TO%202.5%20TON
%20CATALOG%20R170526.pdf.
7 See https://www.aerosysinc.com/products/1/
thru-the-wall-condensing-1-to-25-ton.
8 See AeroSys Installation Operation and
Maintenance Manual, TTWC Series Through-TheWall Condensing Units, at https://
www.aerosysinc.com/files/IOM%20TTW
%20R170524/TTWC-R()X%20IOM%201.5%20TO
%202.5%20TON%20R052317.pdf.
9 82 Fed. Reg. at 1462.
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in Appendix I according to the test
procedure for central air conditioners
and heat pumps prescribed by DOE at
10 C.F.R. part 430, subpart B, Appendix
M or Appendix M1 (when effective), as
applicable, except as follows:
The basic models shall not be subject
to coil-only testing or rating and shall
instead be tested using a blower-coil test
in accordance with 10 C.F.R. part 430,
subpart B, Appendix M or Appendix M1
(when effective), as applicable. The
waiver should continue until DOE
adopts an applicable amended test
procedure.
IV. Request for Interim Waiver.
AeroSys also requests an interim
waiver for its testing and rating of the
foregoing basic models. 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 on the petition
for waiver.8 AeroSys warrants an
interim waiver under these criteria.
The petition for waiver is likely to be
granted, as evidenced by its merits. And
immediate relief is warranted based on
public policy reasons. Without waiver
relief, AeroSys will be subject to
requirements that should not apply to
such products. These useful products
will be effectively eliminated, causing
grave economic hardship for AeroSys
and negative effects for housing.
V. Other Manufacturers.
A list of manufacturers of all other
basic models distributed in commerce
in the United States and known to
AeroSys to incorporate design
characteristic(s) similar to those found
in the basic model(s) that are the subject
of the petition is set forth in Appendix
II.
VI. Conclusion.
DOE should grant AeroSys the
requested waiver and interim waiver for
the models listed in Appendix I.
Further, AeroSys requests expedited
treatment of the Petition and
Application. It is also willing to provide
promptly any additional information the
Department thinks it needs to act with
expedition.
Respectfully submitted,
Scott Blake Harris
John A. Hodges
Harris, Wiltshire & Grannis LLP
1919 M Street NW, 8th Floor Washington, DC
20036
(202) 730–1330
Counsel to AeroSys Inc.
8 Id.
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§ 430.27(e)(2).
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May 29, 2017
APPENDIX I
The waiver and interim waiver
requested herein should apply to testing
and rating of the following basic
models.
THDC–18PGA, THDC–18PGB, THDC–
18RGA, THDC–18SGB, THDC–18TGB,
THDC–24PGA, THDC–24PGB, THDC–
24RGA, THDC–24SGB, THDC–24TGB,
THDC–30PGB, THDC–30RGA, THDC–
30SGB, THDC–30TGB, TTWC–R18P21,
TTWC–R18R21, TTWC–R18S21,
TTWC–R18T21, TTWC–R24P21,
TTWC–R24R21, TTWC–R24S21,
TTWC–R24T21, TTWC–R30P21,
TTWC–R30R21, TTWC–R30S21,
TTWC–R30T21, TTWH–R18H21,
TTWH–R24H21, TTWH–R30H21,
TTWC–R36H21
APPENDIX II
The following are manufacturers of all
other basic models distributed in
commerce in the United States and
known to AeroSys to incorporate design
characteristic(s) similar to those found
in the basic model(s) that are the subject
of the petition for waiver.
First Co.
National Comfort Products
[FR Doc. 2018–11543 Filed 5–29–18; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
[Case No. 2017–013]
Notice of Petition for Waiver of GD
Midea Heating & Ventilating Equipment
Co., Ltd. From the Department of
Energy Central Air Conditioners and
Heat Pumps Test Procedure, and
Notice of Grant of Interim Waiver
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver and
grant of an interim waiver, and request
for comments.
AGENCY:
This notice announces receipt
of and publishes a petition for waiver
from GD Midea Heating & Ventilating
Equipment Co., Ltd. (GD Midea) seeking
a waiver from the U.S. Department of
Energy (DOE) test procedure for
determining the efficiency of central air
conditioners (CACs) and heat pumps
(HPs). GD Midea seeks to use an
alternate test procedure to address
issues involved in testing certain basic
models identified in its petition.
According to GD Midea, the appendix M
test procedure does not include a
method for testing specified CAC and
SUMMARY:
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HP basic models that use variable-speed
compressors and are matched with a
coil-only indoor unit (hereafter referred
to as ‘‘variable-speed coil-only singlesplit systems’’). GD Midea requests that
it be permitted to test its variable-speed
coil-only single-split systems with the
cooling full-load air volume rate used as
both the cooling intermediate and
minimum air volume rates, and the
heating full-load air volume rate used as
the heating intermediate air volume
rate. This notice announces that DOE
grants GD Midea an interim waiver from
the DOE CAC and HP test procedure for
its specified basic models, subject to use
of the alternate test procedure as set
forth in the Order. DOE solicits
comments, data, and information
concerning GD Midea’s petition and the
alternate test procedure.
DATES: DOE will accept comments, data,
and information with respect to the GD
Midea petition until June 29, 2018.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
https://www.regulations.gov. Follow the
instructions for submitting comments.
Alternatively, interested persons may
submit comments, identified by case
number ‘‘2017–013’’ and Docket number
‘‘EERE–2017–BT–WAV–0060,’’ by any
of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email: Midea2017WAV0060@
ee.doe.gov. Include the case number
[Case No. 2017–013] in the subject line
of the message.
• Postal Mail: Ms. Lucy deButts, U.S.
Department of Energy, Building
Technologies Office, Mailstop EE–5B,
Petition for Waiver Case No. 2017–013,
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 section
V of this document.
Docket: The docket, which includes
Federal Register notices, comments,
and other supporting documents/
materials, is available for review at
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https://www.regulations.gov. All
documents in the docket are listed in
the https://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-2017-BT-WAV-0060.
The docket web page contains
instruction on how to access all
documents, including public comments,
in the docket. See section V for
information on how to submit
comments through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Lucy deButts, U.S. Department of
Energy, Building Technologies Program,
Mail Stop EE–5B, Forrestal Building,
1000 Independence Avenue SW,
Washington, DC 20585–0121. Email:
AS_Waiver_Requests@ee.doe.gov.
Mr. Pete Cochran, U.S. Department of
Energy, Office of the General Counsel,
Mail Stop GC–33, Forrestal Building,
1000 Independence Avenue SW,
Washington, DC 20585–0103.
Telephone: (202) 586–9496. Email:
peter.cochran@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, Part B 1 of the Energy Policy
and Conservation Act of 1975 (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 includes central air
conditioners and heat pumps.2 Part B
includes definitions, test procedures,
labeling provisions, energy conservation
standards, and the authority to require
information and reports from
manufacturers. Further, Part B requires
the Secretary of Energy to prescribe test
procedures that are reasonably designed
to produce results that measure energy
efficiency, energy use, or estimated
operating costs during a representative
average-use cycle, and that are not
unduly burdensome to conduct. (42
U.S.C. 6293(b)(3)) The test procedure for
central air conditioners and heat pumps
is contained in 10 CFR part 430, subpart
B, appendix M (referred to in this notice
as ‘‘appendix M’’).
DOE’s regulations set forth at 10 CFR
430.27 contain provisions that allow a
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated as Part A.
2 All references to EPCA in this document refer
to the statute as amended through the EPS
Improvement Act of 2017, Public Law 115–115
(January 12, 2018).
PO 00000
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person to seek a waiver from the test
procedure requirements for a particular
basic model of a covered product when
the petitioner’s basic model for which
the petition for waiver was submitted
contains one or more design
characteristics that either (1) prevent
testing according to the prescribed test
procedure, or (2) cause the prescribed
test procedures to evaluate the basic
model in a manner so unrepresentative
of its true energy consumption
characteristics as to provide materially
inaccurate comparative data. 10 CFR
430.27(a)(1). A petitioner must include
in its petition any alternate test
procedures known to the petitioner to
evaluate the basic model in a manner
representative of its energy
consumption. 10 CFR 430.27(b)(1)(iii).
DOE may grant a 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. As
soon thereafter as practicable, DOE will
publish in the Federal Register a final
rule. 10 CFR 430.27(l).
The waiver process also allows DOE
to 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 on the 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. GD Midea’s Petition for Waiver of
Test Procedure and Application for
Interim Waiver
On October 27, 2017, GD Midea filed
a petition for waiver and an application
for interim waiver from the CAC and HP
test procedure set forth in appendix M.
According to GD Midea, appendix M
does not include provisions for
determining cooling intermediate air
volume rate, cooling minimum air
volume rate, and heating intermediate
air volume rate for its variable-speed
coil-only single-split systems.
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Consequently, GD Midea cannot test or
rate these systems in accordance with
the DOE test procedure. GD Midea
stated that its variable-speed outdoor
units are non-communicative systems
(i.e., the outdoor unit does not
communicate with the indoor unit) for
which compressor speed varies based
only on controls located on the outdoor
unit and the indoor unit maintains a
constant indoor blower fan speed.
GD Midea seeks to use an alternate
test procedure to test and rate specific
CAC and HP basic models of its
variable-speed coil-only single-split
systems, which would specify the use of
cooling full-load air volume rates as
determined in section 3.1.4.1.1.c of
appendix M as cooling intermediate and
cooling minimum air volume rates, and
would specify the use of heating fullload air volume rates as determined in
section 3.1.4.4.1.a of appendix M as
heating intermediate air volume rate.
GD Midea also requests an interim
waiver from the existing DOE test
procedure. An interim waiver may be
granted if it appears likely that the
petition for waiver will be granted, and/
or if DOE determines that it would be
desirable for public policy reasons to
grant immediate relief pending a
determination of the petition for waiver.
See 10 CFR 430.27(e)(2).
DOE understands that absent an
interim waiver, the specified variablespeed coil-only single-split models that
are subject of the waiver cannot be
tested under the existing test procedure
because appendix M does not include
provisions for determining certain air
volume rates for variable-speed coilonly single-split systems. Typical
variable-speed single-split systems have
a communicating system, i.e., the
outdoor units and indoor units
communicate and indoor unit air flow
varies based on the operation of the
outdoor unit. However, as presented in
GD Midea’s petition, its variable-speed
outdoor units are non-communicative
systems and the indoor blower section
maintains a constant indoor blower fan
speed.
III. Requested Alternate Test Procedure
EPCA requires that manufacturers use
DOE test procedures to make
representations about the energy
consumption and energy consumption
costs of products covered by the statute.
(42 U.S.C. 6293(c)) Consistent
representations are important for
manufacturers to use in making
representations about the energy
efficiency of their products and to
demonstrate compliance with
applicable DOE energy conservation
standards. Pursuant to its regulations
applicable to waivers and interim
waivers from applicable test procedures
at 10 CFR 430.27, and after
consideration of public comments on
the petition, DOE will consider setting
an alternate test procedure for the
equipment identified by GD Midea in a
subsequent Decision and Order.
In its petition, GD Midea requests that
specified basic models listed in the
petition be tested according to the test
procedure for central CACs and HPs
prescribed by DOE at appendix M,
except that for coil-only systems, the
cooling full-load air volume rate is also
used as the cooling intermediate and
cooling minimum air volume rates, and
the heating full-load air volume rate is
used as the heating intermediate air
volume rate.
IV. Summary of Grant of an Interim
Waiver
DOE has reviewed GD Midea’s
petition for interim waiver, the alternate
procedure requested by GD Midea, and
public-facing materials (e.g., marketing
materials, product specification sheets,
and installation manuals) for the units
identified in its petition. The publicfacing materials that DOE reviewed
support GD Midea’s assertion that the
units it identifies are installed as
variable-speed coil-only systems, in
GD Midea Heating & Ventilating Equipment Co., LTD (Brand)
24769
which the indoor fan speed remains
constant at full and part-load operation.
Since there is no variability in indoor
fan speed, using the cooling full-load air
volume rate for the cooling intermediate
and cooling minimum air volume rates,
and the heating full load air volume rate
as the heating intermediate air volume
rate appears appropriate. Based on this
review, the alternate test procedure
appears to allow for the accurate
measurement of efficiency of these
products, while alleviating the testing
problems associated with GD Midea’s
implementation of CAC and HP testing
for the basic models specified in GD
Midea’s petition. Consequently, GD
Midea’s petition for waiver will likely
be granted. Furthermore, DOE has
determined that it is desirable for public
policy reasons to grant GD Midea
immediate relief pending a
determination on the petition for
waiver. For the reasons stated above,
DOE has granted an interim waiver to
GD Midea for the specified CAC and HP
basic models in GD Midea’s petition.
Therefore, DOE has issued an Order,
stating:
(1) GD Midea must test and rate the
GD Midea Heating & Ventilating
Equipment Co., Ltd brand and Bosch
Thermotechnology Corp brand singlesplit CAC and HP basic models MOVA–
36HDN1–M18M and MOVA–60HDN1–
M18M (which contain individual
combinations that each consist of an
outdoor unit that uses a variable speed
compressor matched with a coil-only
indoor unit, and is designed to operate
as part of a non-communicative system
in which the compressor speed varies
based only on controls located in the
outdoor unit and the indoor blower unit
maintains a constant indoor blower fan
speed), using the alternate test
procedure set forth in paragraph (2).
GD Midea basic models MOVA–
36HDN1–M18M and MOVA–60HDN1–
M18M include the following individual
combinations listed by brand name:
Bosch Thermotechnology Corp (Brand)
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Basic model No.
Outdoor unit
Indoor unit
Basic model No.
Outdoor unit
Indoor unit
MOVA–36HDN1–M18M
MOVA–36HDN1–M18M
MOVA–36HDN1–M18M
MOVA–36HDN1–M18M
MOVA–36HDN1–M18M
MOVA–60HDN1–M18M
MOVA–60HDN1–M18M
MOVA–60HDN1–M18M
MOVA–60HDN1–M18M
MOVA–60HDN1–M18M
MOVA–36HDN1–M18M
MOVA–36HDN1–M18M
MOVA–36HDN1–M18M
MOVA–36HDN1–M18M
MOVA–36HDN1–M18M
MOVA–60HDN1–M18M
MOVA–60HDN1–M18M
MOVA–60HDN1–M18M
MOVA–60HDN1–M18M
MOVA–60HDN1–M18M
MC**2430ANTF
MC**2430BNTF
MC**3036ANTD
MC**3036BNTD
MC**3036CNTD
MC**4248BNTF
MC**4248CNTF
MC**4248DNTF
MC**4860CNTF
MC**4860DNTF
MOVA–36HDN1–M18M
MOVA–36HDN1–M18M
MOVA–36HDN1–M18M
MOVA–36HDN1–M18M
MOVA–36HDN1–M18M
MOVA–60HDN1–M18M
MOVA–60HDN1–M18M
MOVA–60HDN1–M18M
MOVA–60HDN1–M18M
MOVA–60HDN1–M18M
BOVA–36HDN1–M18M
BOVA–36HDN1–M18M
BOVA–36HDN1–M18M
BOVA–36HDN1–M18M
BOVA–36HDN1–M18M
BOVA–60HDN1–M18M
BOVA–60HDN1–M18M
BOVA–60HDN1–M18M
BOVA–60HDN1–M18M
BOVA–60HDN1–M18M
BMA*2430ANTD
BMA*2430BNTD
BMA*3036ANTD
BMA*3036BNTD
BMA*3036CNTD
BMA*4248BNTF
BMA*4248CNTF
BMA*4248DNTF
BMA*4860CNTF
BMA*4860DNTF
(2) The applicable method of test for
the GD Midea basic models identified in
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paragraph (1) is the test procedure for
CACs and HPs prescribed by DOE at 10
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CFR part 430, subpart B, appendix M,
except that, for coil-only combinations:
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The cooling full-load air volume rate as
determined in section 3.1.4.1.1.c of
appendix M shall also be used as the
cooling intermediate and cooling
minimum air volume rates, and the
heating full-load air volume rate as
determined in section 3.1.4.4.1.a of
appendix M shall also be used as the
heating intermediate air volume rate, as
detailed below. All other requirements
of appendix M and DOE’s regulations
remain applicable.
In 3.1.4.2, Cooling Minimum Air
Volume Rate, include:
f. For ducted variable-speed
compressor systems tested with a coilonly indoor unit, the cooling minimum
air volume rate is the same as the
cooling full-load air volume rate
determined in section 3.1.4.1.1.c.
In 3.1.4.3, Cooling Intermediate Air
Volume Rate, include:
d. For ducted variable-speed
compressor systems tested with a coilonly indoor unit, the cooling
intermediate air volume rate is the same
as the cooling full-load air volume rate
determined in section 3.1.4.1.1.c.
In 3.1.4.6, Heating Intermediate Air
Volume Rate, include:
d. For ducted variable-speed
compressor systems tested with a coilonly indoor unit, the heating
intermediate air volume rate is the same
as the heating full-load air volume rate
determined in section 3.1.4.4.1.a.
(3) Representations. GD Midea is
permitted to make representations about
the efficiency of basic models that meet
the requirements of paragraph (1) for
compliance, marketing, or other
purposes only to the extent that the
basic model has been tested in
accordance with the provisions set forth
in the alternate test procedure and such
representations fairly disclose the
results of such testing in accordance
with 10 CFR 429.16 and 10 CFR part
430, subpart B, appendix M.
(4) This interim waiver shall remain
in effect consistent with the provisions
of 10 CFR 430.27(h) and (k).
(5) This interim waiver is issued to
GC Midea on the condition that the
statements, representations, and
documentary materials provided by the
petitioner are valid. If GD Midea makes
any modifications to the controls or
configurations of these basic models, the
waiver would no longer be valid and GD
Midea would either be required to use
the current Federal test method or
submit a new application for a test
procedure waiver. DOE may revoke or
modify this waiver at any time if it
determines the factual basis underlying
the petition for waiver is incorrect, or
the results from the alternate test
procedure are unrepresentative of the
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basic models’ true energy consumption
characteristics.
(6) Granting of this interim waiver
does not release GD Midea from the
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 basic models that
may be manufactured by the petitioner.
GD Midea may submit a new or
amended petition for waiver and request
for grant of interim waiver, as
appropriate, for additional basic models
of central air conditioners and heat
pumps. Alternatively, if appropriate, GD
Midea may request that DOE extend the
scope of a waiver or an interim waiver
to include additional basic models
employing the same technology as the
basic model(s) set forth in the original
petition consistent with 10 CFR
430.27(g).
V. Request for Comments
DOE is publishing GD Midea’s
petition for waiver in its entirety,
pursuant to 10 CFR 430.27(b)(1)(iv). The
petition did not identify any
information as confidential business
information. The petition includes a
suggested alternate test procedure, as
specified in section III of this notice, to
determine the energy consumption of
GD Midea’s specified CAC and HP basic
models. DOE may consider including
the alternate procedure specified in the
Order in a subsequent Decision and
Order.
DOE invites all interested parties to
submit in writing by June 29, 2018,
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 Jack Wang, Certification
Engineer, GD Midea Heating &
Ventilating Equipment Co., Ltd., Midea
Industrial City, Beijiao, Shunde District
Foshan, Guangdong, P.R.C. 528311,
chao7.wang@midea.com.cn.
Submitting comments via https://
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copies. No facsimiles (faxes) will be
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or she believes to be confidential and
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Submit these documents via email or on
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available to others without obligation
concerning its confidentiality, (5) an
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Signed in Washington, DC, on May 17,
2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
BILLING CODE 6450–01–P
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24772
Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
GD Midea Heating & Ventilating Equipment Co., Ltd.
Midea Industrial City, Beijiao, Shunde District
Foshan, Guangdong, P.R.C. 528311
October 27,2017
Lucy Debutts
Building Technologies Program
U.S. Department of Energy
Mailstop EE-2J
Forrestal Building, 1000 Independence Avenue SW.
Washington, DC 20585-0121
Submitted via email to the following address: AS_Waiver_Requests@ee.doe.gov
Petition for Waiver and Interim Waiver for certain GD Midea's variable speed coil-only single-split systems
Dear Ms. Lucy Debutts:
Pursuant to 10 CFR 430.27, GD Midea Heating & Ventilating Equipment Co., Ltd. (GD Midea) respectfully
submits this petition for waiver, and request for interim waiver with regards to its variable compressor systems
with coil-only configuration listed in Table 1 of page 3.
The scope of the test procedure for central air conditioners (CAC) and heat pumps (HP) found in Appendix M
to Subpart B of 10 CFR Part 430 (hereinafter referred to as "Appendix M") includes single-split airconditioners and heat pumps that are coil-only systems and having a variable-speed compressor (hereinafter
referred to as "variable-speed coil-only single-split systems"). However, whereas Appendix M provides some
provisions to test variable-speed coil-only single-split system overall, it does not provide specific coverage for
determining cooling intermediate air volume rate, cooling minimum air volume rate, and heating intermediate
air volume rate for these products. This creates difficulty in applying Appendix M to test variable-speed coilonly single-split systems. GD Midea seeks a test procedure waiver to test its variable-speed coil-only singlesplit systems using the proposed alternative test procedure prescribed in section V of this petition. We hereby
also request an interim waiver. The granting of an interim waiver is crucial to GD Midea as it will allow us to
accurately rate, certifY, and provide US consumers with highly efficient variable-speed coil-only single-split
(a)
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GD Midea Heating &Ventilating Equipment Co., Ltd.
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systems.
Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
24773
GD Midea Heating &Ventilating Equipment Co., Ltd. (also known as Midea Commercial Air Conditioner,
MCAC) is a division of the Midea Group founded in 1968. It was established in 1999 and manufactured
China's first Variable Refrigerant Flow (VRF) system in 2000. Midea is among the world's largest
manufacturers of electric motors, compressors and HVAC equipment with an established global footprint of
more than 200 subsidiaries, over 60 overseas branches and 12 strategic business units.
MCAC is a global leading manufacturer in commercial and residential air-conditioning technology, including
inverter variable speed technology. Through its R&D division, GD Midea strives to develop and manufacture
the most energy-efficient central air conditioner and heat pump systems for residential use, including high
efficiency variable speed systems.
(b)
Background
Variable speed compressor technology has been proven to be an effective way to improve the overall energy
efficiency of air-conditioning products. GD Midea's variable-speed outdoor condensing unit was developed
specifically for US consumers to benefit from ease of installation and use, as well as significant energyefficiency saving.
Currently, most units installed in the U.S. market are single and two-stage systems. It is our understanding that
most variable speed split system requires a proprietary communicating method and exclusively works with a
specific blower-coil unit from the same manufacturer. To provide consumers a more convenient replacement of
their single or two-stage systems, GD Midea's variable speed outdoor units are designed as noncommunicative systems. This unique technical characteristic makes GD Midea's systems easy to install and
service.
The scope of Appendix M includes variable-speed coil-only single-split systems. However, Appendix M lacks
coverage for manufacturers to test these systems to the fullest extent of the test procedure. For example,
Appendix M does not provide specific coverage for these products to determine cooling intermediate air
volume rate, cooling minimum air volume rate and heating intermediate air volume rate. This void in the test
procedure makes it impossible for manufacturers to test a variable-speed system in a coil-only configuration in
full compliance with the test procedure.
More specifically, Table 8 and Table 14 present in Appendix M provide respectively cooling and heating mode
test conditions for units having a variable-speed compressor.
These tables prescribe six air volume rates (cooling minimum, cooling intermediate, cooling full-load, heating
tested. These six air volume rates are then determined using sections 3 .1. 4.1 through 3 .1. 4. 6.
However, problem arises when trying to determine cooling minimum, cooling intermediate, and heating
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minimum, heating intermediate, heating full-load) at which units with variable speed compressor need to be
24774
Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
intermediate for variable-speed coil-only single-split systems, as respective sections 3.1.4.2, 3.1.4.3, and
3 .1. 4. 6 do not provide coverage for these systems.
To remedy this situation, GD Midea is proposing an alternative test procedure (see section V of this petition)
that provides additional coverage to Appendix M for variable-speed coil-only single-split systems, preserves
the spirit and intent of the test procedure, and results in the generation of ratings that are representative of the
systems' true energy consumption characteristics.
(c)
Basic Models for Which Waiver Is Requested
GD Midea is requesting a waiver and interim waiver to test its single-split CAC and HP outdoor unit basic
models that use variable speed compressor and are matched with coil-only indoor units, using the proposed
alternative test procedure described in section V of this petition. Specifically, GD Midea waiver and interim
waiver request covers the following basic models:
GD MIDEA HEATING & VENTILATING EQUIPMENT
BOSCHTHERMOTECHNOLOGYCORP
CO., LTD
Basic Model
Outdoor Unit
Indoor Unit
Number
Basic Model
Outdoor Unit
Indoor Unit
Number
MOVA-36HDN1-
MOVA-36HDN1-
M18M
M18M
MOVA-36HDN1-
MOVA-36HDN1-
M18M
M18M
MOVA-36HDN1-
MOVA-36HDN1-
M18M
M18M
MOVA-36HDN1-
MOVA-36HDN1-
M18M
M18M
MOVA-36HDN1-
MOVA-36HDN1-
M18M
M18M
MOVA-60HDN1-
MOVA-60HDN1-
M18M
MOVA-36HDN1-
M18M
BOVA-36HDN1-
M18M
M18M
MOVA-36HDN1-
BOVA-36HDN1-
M18M
M18M
MOVA-36HDN1-
BOVA-36HDN1-
M18M
M18M
MOVA-36HDN1-
BOVA-36HDN 1-
M18M
M18M
MOVA-36HDN1-
BOVA-36HDN1-
M18M
M18M
MOVA-60HDN1-
BOVA-60HDN1-
M18M
M18M
MOVA-60HDN1-
BOVA-60HDN1-
M18M
M18M
MOVA-60HDN1-
BOVA-60HDN 1-
M18M
M18M
MOVA-60HDN1-
BOVA-60HDN1-
M18M
M18M
MOVA-60HDN1-
MC"2430ANTF
BOVA-60HDN1-
M18M
M18M
BMA'2430ANTD
MC"2430BNTF
MC"3036ANTD
BMA'2430BNTD
BMA'3036ANTD
MC"3036BNTD
BMA'3036BNTD
MC"3036CNTD
MC"4248BNTF
BMA'3036CNTD
BMA'4248BNTF
I
MOVA-60HDN1-
MOVA-60HDN1-
M18M
M18M
MOVA-60HDN1-
MOVA-60HDN1-
M18M
M18M
MOVA-60HDN1-
MOVA-60HDN1-
M18M
M18M
MOVA-60HDN1-
MOVA-60HDN1-
M18M
M18M
MC"4248CNTF
MC"4248DNTF
BMA'4248CNTF
BMA'4248DNTF
MC"4860CNTF
MC"4860DNTF
BMA'4860CNTF
BMA'4860DNTF
1,
There is no communication between the variable-speed outdoor unit and the indoor
unit;
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These systems have the following characteristics:
Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
2,
(d)
24775
The air volume rate remains constant at all time.
Grounds for Test Procedure Waiver
Appendix M prescribes that on or after July 5, 2017 and prior to January 1, 2023, any representations,
including compliance certifications, made with respect to the energy use, power, or efficiency of central air
conditioners and central air conditioning heat pumps must be based on the results of testing pursuant to
appendix M. In addition, ratings generated using Appendix M are then used to determine compliance with the
provisions of paragraph (c) of 10 CFR 430.32, energy and water conservation standards for air-conditioners
and heat pumps.
Given the fact that variable-speed coil-only single-split systems are included in the scope of Appendix M and
10 CFR 430.32, absence of comprehensive coverage for these products in Appendix M hinders manufacturers
in (1) establishing ratings in compliance with federal law, (2) determining compliance with DOE's minimum
efficiency standards present in 10 CFR 430.32, (3) complying with DOE's certification requirements set forth
in 10 CFR 429, and (4) ultimately distributing these products in commerce.
Alternative Test Procedure
(e)
GD Midea is proposing to use the following alternative test procedure to test its variable-speed coil-only
single-split systems. The proposed alternative test procedure developed by GD Midea is based on the
Appendix M and fill the voids that currently exist in the test procedure to adequately cover these products. It is
to be noted that GD Midea has only evaluated and confirmed the suitability and practicability of the proposed
alternative test procedure on its own products which are listed in Section III which have the following
characteristics:
1,
No communication between the variable-speed outdoor unit and the indoor unit;
2,
The air volume rate remains constant at all time.
As previously mentioned, the main issue GD Midea encountered when trying to rate its variable-speed coilonly single-split systems to appendix M is the absence of specific provisions for cooling intermediate air
volume rate, cooling minimum air volume rate and heating intermediate air volume rate.
Considering the unique technical characteristics of our systems mentioned above, GD Midea is proposing to
•
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Cooling full-load air volume rate: Determined using 3.1.4.l.l.c (no change proposed)
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determine the six air volume rates in Table 8 and Table 14 as follow:
24776
Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
•
Cooling intermediate air volume rate: Use the cooling full-load air volume rate as the cooling
intermediate air volume rate. Use the final control settings as determined when setting the cooling
full-load air volume rate, if necessary to reset to the cooling full-load air volume rate obtained in
section 3.1.4.l.l.c
•
Cooling minimum air volume rate: Use the cooling full-load air volume rate as the cooling
minimum air volume rate. Use the final control settings as determined when setting the cooling fullload air volume rate, if necessary to reset to the cooling full-load air volume rate obtained in section
3.1.4.l.l.c
•
Heating full-load air volume rate: Determined using 3.1.4.4.l.a (no change proposed)
•
Heating intermediate air volume rate: Use the heating full-load air volume rate as the heating
intermediate air volume rate. Use the final control settings as determined when setting the heating fullload air volume rate, if necessary to reset to the heating full-load air volume rate obtained in section
3.1.4.4.l.a
•
(f)
Heating minimum air volume rate: Determined using 3.1.4.5.l.a (no change proposed)
Technical Justification for Alternative Test Procedure
GD Midea's systems which are listed in Section III of this petition have significantly distinguishable technical
differences with conventional variable capacity units:
Conventional variable speed single-split systems are typically communicating systems, I.e. the
condenser units and indoor units communicate, and indoor unit air flow varies.
GD Midea's variable speed single-split systems differ as the variable speed control logic resides with
the condenser (outdoor unit) and no communication is required between indoor and outdoor unit, and indoor
air flow does NOT vary.
When our systems operate, the indoor air volume rate remains constant while the condenser unit modulates
compressor speed in response to the different ambient environment.
(g)
Similar Products
GD Midea is aware of the following manufacturers of single-split residential central air conditioners and heat
pumps that offer systems have variable speed compressor: Carrier Corporation, Daikin Industries, Lennox
(h)
Petition for Interim Waiver
Pursuant to 10 CFR 430.27, GD Midea is also requesting an interim waiver to test GD Midea's variable coilonly systems. Interim relief is important to ensure that GD Midea can (1) establish ratings in compliance with
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International Inc., Nortek Global HVAC, Rheem Sales Company, Trane and York by Johnson Controls.
Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
24777
federal law, (2) delenuine compliance with DOE's minimum e1Ticiency standards present in 10 CFR 430.32,
(3) comply with DOE's certification requirements set forth in 10 CFR 429, and (4) distribute its products in
commerce and provide US consumers with systems that offer ease of use m1d installation, as well as significm1t
energy-efficiency savings, while DOE considers the merits of GD Midea's petition for waiver.
Arguments for Granting Waiver and Interim Waiver
(i)
GD Midea believes there are strong arguments tor granting its petition:
•
From a procedural stand-point, GD Midea has identified a void in the current lest procedure
and proposed an alternative test procedure that is technically sound, proven, easily justifiable, aligned
with the spirit and intent of the existing Appendix M test procedure, and which provides ratings that
are accurate and representative of the systems' true energy consumption characteristics.
•
From a competitive stand-point, the current void in the test procedure puts GD Midca, as well
as any other mmmfacturers' whose products may be impacted, at a significm1t competitive
disadvm1tage.
•
From a public policy stm1d-point, the current void in the test procedure prevents the
distribution in commerce of products that offer US consumer with systems that arc easy to install m1d
use, and which provide significant energy-ell'iciency savings.
For these reasons, GD Midea urges the Department to grant an interim waiver while considering the petition
for waiver set out above.
(j)
Conclusion
For the reasons stated above, GD Midea respectfully requests that DOE grmtts this petition for waiver to test
its variable-speed coil-only single-split systems using Appendix M to Subpart B of I 0 CFR part 430 with the
supplemental instructions provided in Section V of this petition. GD Midca further requests that DOE grants its
request ior an interim waiver while its petition for waiver is under consideration.
Should you have any questions or would like to discuss this request, please contact me at
We greatly appreciate your allenlion to this maller.
Jack Wang
Certification Engineer
chao7.wang@midca.com.cn
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chao7.wangl~:midea.com.cn.
24778
Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
[FR Doc. 2018–11544 Filed 5–29–18; 8:45 am]
BILLING CODE 6450–01–C
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. IC18–8–000]
Commission Information Collection
Activities (FERC–716); Comment
Request
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Comment request.
AGENCY:
In compliance with the
requirements of the Paperwork
Reduction Act of 1995, the Federal
Energy Regulatory Commission
(Commission or FERC) is submitting its
information collection [FERC–716, Good
Faith Requests for Transmission Service
and Good Faith Responses by
Transmitting Utilities Under Sections
211(a) and 213(a) of the Federal Power
Act (FPA)] to the Office of Management
and Budget (OMB) for review of the
information collection requirements.
Any interested person may file
comments directly with OMB and
should address a copy of those
comments to the Commission as
explained below. The Commission
previously published a Notice in the
Federal Register on 2/7/2018 requesting
public comments. The Commission
received no comments on the FERC–716
and is making this notation in its
submittal to OMB.
DATES: Comments on the collection of
information are due by June 29, 2018.
ADDRESSES: Comments filed with OMB,
identified by the OMB Control No.
SUMMARY:
1902–0170, should be sent via email to
the Office of Information and Regulatory
Affairs: oira_submission@omb.gov.
Attention: Federal Energy Regulatory
Commission Desk Officer. The Desk
Officer may also be reached via
telephone at 202–395–8528.
A copy of the comments should also
be sent to the Commission, in Docket
No. IC18–8–000, by either of the
following methods:
• eFiling at Commission’s Website:
https://www.ferc.gov/docs-filing/
efiling.asp.
• Mail/Hand Delivery/Courier:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
Instructions: All submissions must be
formatted and filed in accordance with
submission guidelines at: https://
www.ferc.gov/help/submissionguide.asp. For user assistance contact
FERC Online Support by email at
ferconlinesupport@ferc.gov, or by phone
at: (866) 208–3676 (toll-free), or (202)
502–8659 for TTY.
Docket: Users interested in receiving
automatic notification of activity in this
docket or in viewing/downloading
comments and issuances in this docket
may do so at https://www.ferc.gov/docsfiling/docs-filing.asp.
FOR FURTHER INFORMATION CONTACT:
Ellen Brown may be reached by email
at DataClearance@FERC.gov, by
telephone at (202) 502–8663, and by fax
at (202) 273–0873.
SUPPLEMENTARY INFORMATION:
Title: FERC–716, Good Faith Requests
for Transmission Service and Good
Faith Responses by Transmitting
Utilities Under Sections 211(a) and
213(a) of the Federal Power Act (FPA).
OMB Control No.: 1902–0170.
Type of Request: Three-year extension
of the FERC–716 information collection
requirements with no changes to the
current reporting requirements.
Abstract: The Commission uses the
information collected under the
requirements of FERC–716 to
implement the statutory provisions of
sections 211 and section 213 of the
Federal Power Act as amended and
added by the Energy Policy Act 1992.
FERC–716 also includes the
requirement to file a section 211 request
if the negotiations between the
transmission requestor and the
transmitting utility are unsuccessful.
For the initial process, the information
is not filed with the Commission.
However, the request and response may
be analyzed as a part of a section 211
action. The Commission may order
transmission services under the
authority of FPA 211.
The Commission’s regulations in the
Code of Federal Regulations (CFR), 18
CFR 2.20, provide standards by which
the Commission determines if and when
a valid good faith request for
transmission has been made under
section 211 of the FPA. By developing
the standards, the Commission sought to
encourage an open exchange of data
with a reasonable degree of specificity
and completeness between the party
requesting transmission services and the
transmitting utility. As a result, 18 CFR
2.20 identifies 12 components of a good
faith estimate and 5 components of a
reply to a good faith request.
Type of Respondents: Transmission
Requestors and Transmitting Utilities.
Estimate of Annual Burden1: The
Commission estimates the annual public
reporting burden for the information
collection as:
FERC–716
[Good Faith Requests for Transmission Service and Good Faith Responses by Transmitting Utilities Under Sections 211(a) and 213(a) of the
Federal Power Act (FPA)]
Annual
number of
responses per
respondent
Total number
of responses
Average burden &
cost per response 2
Total annual
burden hours &
total annual cost
Cost per
respondent
($)
(1)
sradovich on DSK3GMQ082PROD with NOTICES
Number of
respondents
(2)
(1) * (2) = (3)
(4)
(3) * (4) = (5)
(5) ÷ (1)
Information exchange
between parties.
Application submitted
to FERC if parties’
negotiations are unsuccessful.
3
1
3
100 hrs.; $7,650 ....
300 hrs.; $22,950 ...........
$7,650
3
1
3
2.5 hrs.; $191.25 ...
7.5 hrs.; $573.75 ............
191.25
1 Burden is defined as the total time, effort, or
financial resources expended by persons to
generate, maintain, retain, or disclose or provide
information to or for a Federal agency. For further
explanation of what is included in the information
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17:04 May 29, 2018
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collection burden, refer to 5 Code of Federal
Regulations 1320.3.
2 The estimates for cost per response are derived
using the following formula: Average Burden Hours
per Response * $76.50 per Hour = Average Cost per
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Response. The cost per hour figure is the FERC
2017 average salary plus benefits. Subject matter
experts found that industry employment costs
closely resemble FERC’s regarding the FERC–716
information collection.
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]]>Agencies
[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Notices]
[Pages 24767-24778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11544]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
[Case No. 2017-013]
Notice of Petition for Waiver of GD Midea Heating & Ventilating
Equipment Co., Ltd. From the Department of Energy Central Air
Conditioners and Heat Pumps Test Procedure, and Notice of Grant of
Interim Waiver
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of petition for waiver and grant of an interim waiver,
and request for comments.
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SUMMARY: This notice announces receipt of and publishes a petition for
waiver from GD Midea Heating & Ventilating Equipment Co., Ltd. (GD
Midea) seeking a waiver from the U.S. Department of Energy (DOE) test
procedure for determining the efficiency of central air conditioners
(CACs) and heat pumps (HPs). GD Midea seeks to use an alternate test
procedure to address issues involved in testing certain basic models
identified in its petition. According to GD Midea, the appendix M test
procedure does not include a method for testing specified CAC and
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HP basic models that use variable-speed compressors and are matched
with a coil-only indoor unit (hereafter referred to as ``variable-speed
coil-only single-split systems''). GD Midea requests that it be
permitted to test its variable-speed coil-only single-split systems
with the cooling full-load air volume rate used as both the cooling
intermediate and minimum air volume rates, and the heating full-load
air volume rate used as the heating intermediate air volume rate. This
notice announces that DOE grants GD Midea an interim waiver from the
DOE CAC and HP test procedure for its specified basic models, subject
to use of the alternate test procedure as set forth in the Order. DOE
solicits comments, data, and information concerning GD Midea's petition
and the alternate test procedure.
DATES: DOE will accept comments, data, and information with respect to
the GD Midea petition until June 29, 2018.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at https://www.regulations.gov. Follow
the instructions for submitting comments. Alternatively, interested
persons may submit comments, identified by case number ``2017-013'' and
Docket number ``EERE-2017-BT-WAV-0060,'' by any of the following
methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected]. Include the case
number [Case No. 2017-013] in the subject line of the message.
Postal Mail: Ms. Lucy deButts, U.S. Department of Energy,
Building Technologies Office, Mailstop EE-5B, Petition for Waiver Case
No. 2017-013, 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 section V of this document.
Docket: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at https://www.regulations.gov. All documents in the docket are
listed in the https://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-2017-BT-WAV-0060. The docket web page contains
instruction on how to access all documents, including public comments,
in the docket. See section V for information on how to submit comments
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of
Energy, Building Technologies Program, Mail Stop EE-5B, Forrestal
Building, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Email: [email protected].
Mr. Pete Cochran, U.S. Department of Energy, Office of the General
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue
SW, Washington, DC 20585-0103. Telephone: (202) 586-9496. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, Part B \1\ of the Energy Policy and Conservation Act of
1975 (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 includes central air conditioners and heat
pumps.\2\ Part B includes definitions, test procedures, labeling
provisions, energy conservation standards, and the authority to require
information and reports from manufacturers. Further, Part B requires
the Secretary of Energy to prescribe test procedures that are
reasonably designed to produce results that measure energy efficiency,
energy use, or estimated operating costs during a representative
average-use cycle, and that are not unduly burdensome to conduct. (42
U.S.C. 6293(b)(3)) The test procedure for central air conditioners and
heat pumps is contained in 10 CFR part 430, subpart B, appendix M
(referred to in this notice as ``appendix M'').
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated as Part A.
\2\ All references to EPCA in this document refer to the statute
as amended through the EPS Improvement Act of 2017, Public Law 115-
115 (January 12, 2018).
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DOE's regulations set forth at 10 CFR 430.27 contain provisions
that allow a person to seek a waiver from the test procedure
requirements for a particular basic model of a covered product when the
petitioner's basic model for which the petition for waiver was
submitted contains one or more design characteristics that either (1)
prevent testing according to the prescribed test procedure, or (2)
cause the prescribed test procedures to evaluate the basic model in a
manner so unrepresentative of its true energy consumption
characteristics as to provide materially inaccurate comparative data.
10 CFR 430.27(a)(1). A petitioner must include in its petition any
alternate test procedures known to the petitioner to evaluate the basic
model in a manner representative of its energy consumption. 10 CFR
430.27(b)(1)(iii).
DOE may grant a 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. As soon thereafter as practicable, DOE will publish in the
Federal Register a final rule. 10 CFR 430.27(l).
The waiver process also allows DOE to 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 on the 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. GD Midea's Petition for Waiver of Test Procedure and Application
for Interim Waiver
On October 27, 2017, GD Midea filed a petition for waiver and an
application for interim waiver from the CAC and HP test procedure set
forth in appendix M. According to GD Midea, appendix M does not include
provisions for determining cooling intermediate air volume rate,
cooling minimum air volume rate, and heating intermediate air volume
rate for its variable-speed coil-only single-split systems.
[[Page 24769]]
Consequently, GD Midea cannot test or rate these systems in accordance
with the DOE test procedure. GD Midea stated that its variable-speed
outdoor units are non-communicative systems (i.e., the outdoor unit
does not communicate with the indoor unit) for which compressor speed
varies based only on controls located on the outdoor unit and the
indoor unit maintains a constant indoor blower fan speed.
GD Midea seeks to use an alternate test procedure to test and rate
specific CAC and HP basic models of its variable-speed coil-only
single-split systems, which would specify the use of cooling full-load
air volume rates as determined in section 3.1.4.1.1.c of appendix M as
cooling intermediate and cooling minimum air volume rates, and would
specify the use of heating full-load air volume rates as determined in
section 3.1.4.4.1.a of appendix M as heating intermediate air volume
rate.
GD Midea also requests an interim waiver from the existing DOE test
procedure. An interim waiver may be granted if it appears likely that
the petition for waiver will be granted, and/or if DOE determines that
it would be desirable for public policy reasons to grant immediate
relief pending a determination of the petition for waiver. See 10 CFR
430.27(e)(2).
DOE understands that absent an interim waiver, the specified
variable-speed coil-only single-split models that are subject of the
waiver cannot be tested under the existing test procedure because
appendix M does not include provisions for determining certain air
volume rates for variable-speed coil-only single-split systems. Typical
variable-speed single-split systems have a communicating system, i.e.,
the outdoor units and indoor units communicate and indoor unit air flow
varies based on the operation of the outdoor unit. However, as
presented in GD Midea's petition, its variable-speed outdoor units are
non-communicative systems and the indoor blower section maintains a
constant indoor blower fan speed.
III. Requested Alternate Test Procedure
EPCA requires that manufacturers use DOE test procedures to make
representations about the energy consumption and energy consumption
costs of products covered by the statute. (42 U.S.C. 6293(c))
Consistent representations are important for manufacturers to use in
making representations about the energy efficiency of their products
and to demonstrate compliance with applicable DOE energy conservation
standards. Pursuant to its regulations applicable to waivers and
interim waivers from applicable test procedures at 10 CFR 430.27, and
after consideration of public comments on the petition, DOE will
consider setting an alternate test procedure for the equipment
identified by GD Midea in a subsequent Decision and Order.
In its petition, GD Midea requests that specified basic models
listed in the petition be tested according to the test procedure for
central CACs and HPs prescribed by DOE at appendix M, except that for
coil-only systems, the cooling full-load air volume rate is also used
as the cooling intermediate and cooling minimum air volume rates, and
the heating full-load air volume rate is used as the heating
intermediate air volume rate.
IV. Summary of Grant of an Interim Waiver
DOE has reviewed GD Midea's petition for interim waiver, the
alternate procedure requested by GD Midea, and public-facing materials
(e.g., marketing materials, product specification sheets, and
installation manuals) for the units identified in its petition. The
public-facing materials that DOE reviewed support GD Midea's assertion
that the units it identifies are installed as variable-speed coil-only
systems, in which the indoor fan speed remains constant at full and
part-load operation. Since there is no variability in indoor fan speed,
using the cooling full-load air volume rate for the cooling
intermediate and cooling minimum air volume rates, and the heating full
load air volume rate as the heating intermediate air volume rate
appears appropriate. Based on this review, the alternate test procedure
appears to allow for the accurate measurement of efficiency of these
products, while alleviating the testing problems associated with GD
Midea's implementation of CAC and HP testing for the basic models
specified in GD Midea's petition. Consequently, GD Midea's petition for
waiver will likely be granted. Furthermore, DOE has determined that it
is desirable for public policy reasons to grant GD Midea immediate
relief pending a determination on the petition for waiver. For the
reasons stated above, DOE has granted an interim waiver to GD Midea for
the specified CAC and HP basic models in GD Midea's petition.
Therefore, DOE has issued an Order, stating:
(1) GD Midea must test and rate the GD Midea Heating & Ventilating
Equipment Co., Ltd brand and Bosch Thermotechnology Corp brand single-
split CAC and HP basic models MOVA-36HDN1-M18M and MOVA-60HDN1-M18M
(which contain individual combinations that each consist of an outdoor
unit that uses a variable speed compressor matched with a coil-only
indoor unit, and is designed to operate as part of a non-communicative
system in which the compressor speed varies based only on controls
located in the outdoor unit and the indoor blower unit maintains a
constant indoor blower fan speed), using the alternate test procedure
set forth in paragraph (2).
GD Midea basic models MOVA-36HDN1-M18M and MOVA-60HDN1-M18M include
the following individual combinations listed by brand name:
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GD Midea Heating & Ventilating Equipment Co., LTD (Brand) Bosch Thermotechnology Corp (Brand)
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Basic model No. Outdoor unit Indoor unit Basic model No. Outdoor unit Indoor unit
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MOVA-36HDN1-M18M MOVA-36HDN1-M18M MC**2430ANTMOVA-36HDN1-M18M BOVA-36HDN1-M18M BMA*2430ANTD
MOVA-36HDN1-M18M MOVA-36HDN1-M18M MC**2430BNTMOVA-36HDN1-M18M BOVA-36HDN1-M18M BMA*2430BNTD
MOVA-36HDN1-M18M MOVA-36HDN1-M18M MC**3036ANTMOVA-36HDN1-M18M BOVA-36HDN1-M18M BMA*3036ANTD
MOVA-36HDN1-M18M MOVA-36HDN1-M18M MC**3036BNTMOVA-36HDN1-M18M BOVA-36HDN1-M18M BMA*3036BNTD
MOVA-36HDN1-M18M MOVA-36HDN1-M18M MC**3036CNTMOVA-36HDN1-M18M BOVA-36HDN1-M18M BMA*3036CNTD
MOVA-60HDN1-M18M MOVA-60HDN1-M18M MC**4248BNTMOVA-60HDN1-M18M BOVA-60HDN1-M18M BMA*4248BNTF
MOVA-60HDN1-M18M MOVA-60HDN1-M18M MC**4248CNTMOVA-60HDN1-M18M BOVA-60HDN1-M18M BMA*4248CNTF
MOVA-60HDN1-M18M MOVA-60HDN1-M18M MC**4248DNTMOVA-60HDN1-M18M BOVA-60HDN1-M18M BMA*4248DNTF
MOVA-60HDN1-M18M MOVA-60HDN1-M18M MC**4860CNTMOVA-60HDN1-M18M BOVA-60HDN1-M18M BMA*4860CNTF
MOVA-60HDN1-M18M MOVA-60HDN1-M18M MC**4860DNTMOVA-60HDN1-M18M BOVA-60HDN1-M18M BMA*4860DNTF
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(2) The applicable method of test for the GD Midea basic models
identified in paragraph (1) is the test procedure for CACs and HPs
prescribed by DOE at 10 CFR part 430, subpart B, appendix M, except
that, for coil-only combinations:
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The cooling full-load air volume rate as determined in section
3.1.4.1.1.c of appendix M shall also be used as the cooling
intermediate and cooling minimum air volume rates, and the heating
full-load air volume rate as determined in section 3.1.4.4.1.a of
appendix M shall also be used as the heating intermediate air volume
rate, as detailed below. All other requirements of appendix M and DOE's
regulations remain applicable.
In 3.1.4.2, Cooling Minimum Air Volume Rate, include:
f. For ducted variable-speed compressor systems tested with a coil-
only indoor unit, the cooling minimum air volume rate is the same as
the cooling full-load air volume rate determined in section
3.1.4.1.1.c.
In 3.1.4.3, Cooling Intermediate Air Volume Rate, include:
d. For ducted variable-speed compressor systems tested with a coil-
only indoor unit, the cooling intermediate air volume rate is the same
as the cooling full-load air volume rate determined in section
3.1.4.1.1.c.
In 3.1.4.6, Heating Intermediate Air Volume Rate, include:
d. For ducted variable-speed compressor systems tested with a coil-
only indoor unit, the heating intermediate air volume rate is the same
as the heating full-load air volume rate determined in section
3.1.4.4.1.a.
(3) Representations. GD Midea is permitted to make representations
about the efficiency of basic models that meet the requirements of
paragraph (1) for compliance, marketing, or other purposes only to the
extent that the basic model has been tested in accordance with the
provisions set forth in the alternate test procedure and such
representations fairly disclose the results of such testing in
accordance with 10 CFR 429.16 and 10 CFR part 430, subpart B, appendix
M.
(4) This interim waiver shall remain in effect consistent with the
provisions of 10 CFR 430.27(h) and (k).
(5) This interim waiver is issued to GC Midea on the condition that
the statements, representations, and documentary materials provided by
the petitioner are valid. If GD Midea makes any modifications to the
controls or configurations of these basic models, the waiver would no
longer be valid and GD Midea would either be required to use the
current Federal test method or submit a new application for a test
procedure waiver. DOE may revoke or modify this waiver at any time if
it determines the factual basis underlying the petition for waiver is
incorrect, or the results from the alternate test procedure are
unrepresentative of the basic models' true energy consumption
characteristics.
(6) Granting of this interim waiver does not release GD Midea from
the 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 basic
models that may be manufactured by the petitioner. GD Midea may submit
a new or amended petition for waiver and request for grant of interim
waiver, as appropriate, for additional basic models of central air
conditioners and heat pumps. Alternatively, if appropriate, GD Midea
may request that DOE extend the scope of a waiver or an interim waiver
to include additional basic models employing the same technology as the
basic model(s) set forth in the original petition consistent with 10
CFR 430.27(g).
V. Request for Comments
DOE is publishing GD Midea's petition for waiver in its entirety,
pursuant to 10 CFR 430.27(b)(1)(iv). The petition did not identify any
information as confidential business information. The petition includes
a suggested alternate test procedure, as specified in section III of
this notice, to determine the energy consumption of GD Midea's
specified CAC and HP basic models. DOE may consider including the
alternate procedure specified in the Order in a subsequent Decision and
Order.
DOE invites all interested parties to submit in writing by June 29,
2018, 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 Jack Wang, Certification Engineer, GD Midea Heating &
Ventilating Equipment Co., Ltd., Midea Industrial City, Beijiao, Shunde
District Foshan, Guangdong, P.R.C. 528311, [email protected].
Submitting comments via https://www.regulations.gov. The https://www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to https://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
https://www.regulations.gov cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through https://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 https://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email, hand delivery, or mail. Comments and
documents submitted via email, hand delivery, or mail also will be
posted to https://www.regulations.gov. If you do not want your personal
contact information to be publicly viewable, do not include it in your
comment or any accompanying documents. Instead, provide your contact
information on a cover letter. Include your first and last names, email
address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via mail or hand
delivery, please provide all items on a CD, if feasible. It is not
necessary to submit printed
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copies. No facsimiles (faxes) will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. According to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery two well-marked copies: one copy
of the document marked confidential including all the information
believed to be confidential, and one copy of the document marked ``non-
confidential'' with the information believed to be confidential
deleted. Submit these documents via email or on a CD, if feasible. DOE
will make its own determination about the confidential status of the
information and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include (1) a description of the
items, (2) whether and why such items are customarily treated as
confidential within the industry, (3) whether the information is
generally known by or available from other sources, (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality, (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure, (6) when such information might lose its
confidential character due to the passage of time, and (7) why
disclosure of the information would be contrary to the public interest.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
Signed in Washington, DC, on May 17, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
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[FR Doc. 2018-11544 Filed 5-29-18; 8:45 am]
BILLING CODE 6450-01-C
