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]

Download as PDF 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. sradovich on DSK3GMQ082PROD with NOTICES 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 http://www.aerosysinc.com/ files/170523%20SALES%20LIT/TTWC-Condensing %20Unit%201.5%20TO%202.5%20TON %20CATALOG%20R170526.pdf. 7 See http://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 http:// 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. VerDate Sep<11>2014 17:52 May 29, 2018 Jkt 244001 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. PO 00000 § 430.27(e)(2). Frm 00051 Fmt 4703 Sfmt 4703 24767 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: E:\FR\FM\30MYN1.SGM 30MYN1 sradovich on DSK3GMQ082PROD with NOTICES 24768 Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices 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 http://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: http:// 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 VerDate Sep<11>2014 17:04 May 29, 2018 Jkt 244001 http://www.regulations.gov. All documents in the docket are listed in the http://www.regulations.gov index. However, some documents listed in the index, such as those containing information that is exempt from public disclosure, may not be publicly available. The docket web page can be found at http://www.regulations.gov/ docket?D=EERE-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 http:// 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 Frm 00052 Fmt 4703 Sfmt 4703 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. E:\FR\FM\30MYN1.SGM 30MYN1 Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices 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) sradovich on DSK3GMQ082PROD with NOTICES 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 VerDate Sep<11>2014 17:04 May 29, 2018 Jkt 244001 paragraph (1) is the test procedure for CACs and HPs prescribed by DOE at 10 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 CFR part 430, subpart B, appendix M, except that, for coil-only combinations: E:\FR\FM\30MYN1.SGM 30MYN1 sradovich on DSK3GMQ082PROD with NOTICES 24770 Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices 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 VerDate Sep<11>2014 17:04 May 29, 2018 Jkt 244001 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 http:// www.regulations.gov. The http:// www.regulations.gov web page will require you to provide your name and contact information. Your contact information will be viewable to DOE Building Technologies staff only. Your contact information will not be publicly viewable except for your first and last names, organization name (if any), and submitter representative name (if any). If your comment is not processed properly because of technical difficulties, DOE will use this PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 information to contact you. 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Comments received through the website will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section. DOE processes submissions made through http://www.regulations.gov before posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that http:// www.regulations.gov provides after you have successfully uploaded your comment. Submitting comments via email, hand delivery, or mail. Comments and documents submitted via email, hand delivery, or mail also will be posted to http://www.regulations.gov. If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information on a cover letter. Include your first and last names, email address, telephone number, and optional mailing address. The cover letter will not be publicly viewable as long as it does not include any comments. Include contact information each time you submit comments, data, documents, and other information to DOE. If you submit via mail or hand delivery, please provide all items on a CD, if feasible. It is not necessary to submit printed E:\FR\FM\30MYN1.SGM 30MYN1 Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices sradovich on DSK3GMQ082PROD with NOTICES 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. 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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 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 24771 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. BILLING CODE 6450–01–P E:\FR\FM\30MYN1.SGM 30MYN1 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) VerDate Sep<11>2014 GD Midea Heating &Ventilating Equipment Co., Ltd. 17:04 May 29, 2018 Jkt 244001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4725 E:\FR\FM\30MYN1.SGM 30MYN1 EN30MY18.019</GPH> sradovich on DSK3GMQ082PROD with NOTICES 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 VerDate Sep<11>2014 17:04 May 29, 2018 Jkt 244001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4725 E:\FR\FM\30MYN1.SGM 30MYN1 EN30MY18.020</GPH> sradovich on DSK3GMQ082PROD with NOTICES 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; VerDate Sep<11>2014 17:04 May 29, 2018 Jkt 244001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4725 E:\FR\FM\30MYN1.SGM 30MYN1 EN30MY18.021</GPH> sradovich on DSK3GMQ082PROD with NOTICES 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 • VerDate Sep<11>2014 Cooling full-load air volume rate: Determined using 3.1.4.l.l.c (no change proposed) 17:04 May 29, 2018 Jkt 244001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4725 E:\FR\FM\30MYN1.SGM 30MYN1 EN30MY18.022</GPH> sradovich on DSK3GMQ082PROD with NOTICES 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 VerDate Sep<11>2014 17:04 May 29, 2018 Jkt 244001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4725 E:\FR\FM\30MYN1.SGM 30MYN1 EN30MY18.023</GPH> sradovich on DSK3GMQ082PROD with NOTICES 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 VerDate Sep<11>2014 17:04 May 29, 2018 Jkt 244001 PO 00000 Frm 00061 Fmt 4703 Sfmt 9990 E:\FR\FM\30MYN1.SGM 30MYN1 EN30MY18.024</GPH> sradovich on DSK3GMQ082PROD with NOTICES 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: http://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: http:// 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 http://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 VerDate Sep<11>2014 17:04 May 29, 2018 Jkt 244001 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 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 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. E:\FR\FM\30MYN1.SGM 30MYN1

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]


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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.

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

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

[[Page 24768]]

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 http://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: http://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 http://www.regulations.gov. All documents in the docket are 
listed in the http://www.regulations.gov index. However, some documents 
listed in the index, such as those containing information that is 
exempt from public disclosure, may not be publicly available.
    The docket web page can be found at http://www.regulations.gov/docket?D=EERE-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 http://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'').
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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:

--------------------------------------------------------------------------------------------------------------------------------------------------------
          GD Midea Heating & Ventilating Equipment Co., LTD (Brand)                               Bosch Thermotechnology Corp (Brand)
--------------------------------------------------------------------------------------------------------------------------------------------------------
     Basic model No.            Outdoor unit               Indoor unit             Basic model No.            Outdoor unit             Indoor unit
--------------------------------------------------------------------------------------------------------------------------------------------------------
     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
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (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 http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to http://www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (CBI)). Comments submitted through 
http://www.regulations.gov cannot be claimed as CBI. Comments received 
through the website will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through http://www.regulations.gov 
before posting. Normally, comments will be posted within a few days of 
being submitted. However, if large volumes of comments are being 
processed simultaneously, your comment may not be viewable for up to 
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to http://www.regulations.gov. If you do not want your personal 
contact information to be publicly viewable, do not include it in your 
comment or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed

[[Page 24771]]

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.
BILLING CODE 6450-01-P

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[FR Doc. 2018-11544 Filed 5-29-18; 8:45 am]
 BILLING CODE 6450-01-C