Energy Conservation Program: Decision and Order Granting a Waiver to GD Midea Heating & Ventilating Equipment Co., Ltd. From the Department of Energy Central Air Conditioners and Heat Pumps Test Procedure Test Procedure, 56065-56069 [2018-24547]
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Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices
4) distribute its products in commerce and
provide US customers with systems that offer
ease of use and installation, as well as
significant energy-efficiency savings.
DEPARTMENT OF ENERGY
VII. Arguments for Granting Waiver
Energy Conservation Program:
Decision and Order Granting a Waiver
to GD Midea Heating & Ventilating
Equipment Co., Ltd. From the
Department of Energy Central Air
Conditioners and Heat Pumps Test
Procedure Test Procedure
TCL AC believes there are strong
arguments for granting its petition:
• From a procedural stand-point, TCL AC
has identified a void in the current test
procedure.
• DOE has granted GD Midea’s alternative
test procedure that is technically sound,
proven, easily justifiable, aligned with the
spirit and intent of the existing Appendix M
test procedure.
• From a competitive stand-point, the
current void in the test procedure puts TCL
AC and any other manufacturers whose
products may be similar, at a significant
competitive disadvantage.
• From a public policy stand-point, the
current void in the test procedure prevents
TCL AC’s distribution in commerce of
products that offer US costumers with
systems that are easy to install and use, and
which provide significant energy-efficiency
savings.
VIII. Conclusion
TCL AC is the second manufacturer to
develop the non-communicative variablespeed outdoor condensing unit. As
mentioned above, the main issue both GD
Midea and TCL AC encountered when trying
to rate the variable-speed coil-only singlesplit 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.
For the reasons stated above, TCL AC
respectfully requests that DOE grants this
petition for waiver to test its variable-speed
coil-only single-split systems using
Appendix M to Subpart B of 10 CFR part 430
with the supplemental instructions provided
by GD Midea in section II of this petition.
Should you have any questions or would
like to discuss this request, please contact me
at kt_zhengkai@tcl.com. We greatly
appreciate your attention to this matter.
Sincerely,
Kevin Zheng,
Certification Engineer.
kt_zhengkai@tcl.com.
[FR Doc. 2018–24548 Filed 11–8–18; 8:45 am]
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[Case Number 2017–013; EERE–2017–BT–
WAV–060]
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of decision and order.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) gives notice of a
Decision and Order (Case Number
2017–013) that grants to GD Midea
Heating & Ventilating Equipment Co.,
Ltd. (‘‘GD Midea’’) a waiver from
specified portions of the DOE test
procedure for determining the energy
efficiency of central air conditioners and
heat pumps. Under the Decision and
Order, GD Midea is required to test and
rate specified basic models of its central
air conditioners and heat pumps in
accordance with the alternate test
procedure specified in the Decision and
Order.
DATES: The Decision and Order is
effective on November 9, 2018. The
Decision and Order will terminate upon
the compliance date of any future
amendment to the test procedure for
central air conditioners and heat pumps
located at 10 CFR part 430, subpart B,
appendix M that addresses the issues
presented in this waiver. At such time,
GD Midea must use the relevant test
procedure for this product for any
testing to demonstrate compliance with
the applicable standards, and any other
representations of energy use.
FOR FURTHER INFORMATION CONTACT: Ms.
Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. E-mail: 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: In
accordance with Title 10 of the Code of
Federal Regulations (10 CFR
430.27(f)(2)), DOE gives notice of the
issuance of its Decision and Order as set
forth below. The Decision and Order
SUMMARY:
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56065
grants GD Midea a waiver from the
applicable test procedure in 10 CFR part
430, subpart B, appendix M for
specified basic models of central air
conditioners and heat pumps, provided
that GD Midea tests and rates such
products using the alternate test
procedure specified in the Decision and
Order. GD Midea’s representations
concerning the energy efficiency of the
specified basic models must be based on
testing according to the provisions and
restrictions in the alternate test
procedure set forth in the Decision and
Order, and the representations must
fairly disclose the test results.
Distributors, retailers, and private
labelers are held to the same
requirements when making
representations regarding the energy
efficiency of these products. (42 U.S.C.
6293(c))
Consistent with 10 CFR 430.27(j), not
later than January 8, 2019, any
manufacturer currently distributing in
commerce in the United States products
employing a technology or characteristic
that results in the same need for a
waiver from the applicable test
procedure must submit a petition for
waiver. Manufacturers not currently
distributing such products in commerce
in the United States must petition for
and be granted a waiver prior to the
distribution in commerce of those
products in the United States.
Manufacturers may also submit a
request for interim waiver pursuant to
the requirements of 10 CFR 430.27.
Signed in Washington, DC, on November 1,
2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
Case #2017–013
Decision and Order
I. Background and Authority
The Energy Policy and Conservation
Act of 1975 (‘‘EPCA’’),1 Public Law 94–
163 (42 U.S.C. 6291–6317, as codified),
among other things, authorizes the U.S.
Department of Energy (‘‘DOE’’) to
regulate the energy efficiency of a
number of consumer products and
industrial equipment. Title III, Part B 2
of EPCA established the Energy
Conservation Program for Consumer
Products Other Than Automobiles,
which sets forth a variety of provisions
designed to improve energy efficiency
1 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).
2 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated as Part A.
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for certain types of consumer products.
These products include central air
conditioners (CACs) and heat pumps
(HPs), the focus of this document. (42
U.S.C. 6292(a)(3)) EPCA also 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
CACs and HPs is contained in 10 CFR
part 430, subpart B, appendix M.
DOE’s regulations set forth at 10 CFR
430.27 contain provisions that allow an
interested person to seek a waiver from
the test procedure requirements for a
particular basic model when the
petitioner’s basic model for which the
petition for waiver was submitted
contains one or more design
characteristics that either (1) prevent
testing according to the prescribed test
procedure, or (2) cause the prescribed
test 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 characteristics. 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. 10
CFR 430.27(l). As soon thereafter as
practicable, DOE will publish in the
Federal Register a final rule. Id.
The wavier process also provides that
DOE may 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 underlying
petition for waiver. 10 CFR 430.27(e)(2).
Within one year of issuance of an
interim waiver, DOE will either: (i)
Publish in the Federal Register a
determination on the petition for
waiver; or (ii) publish in the Federal
Register a new or amended test
procedure that addresses the issues
presented in the waiver. 10 CFR
430.27(h)(1). When DOE amends the test
procedure to address the issues
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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:
Assertions and Determinations
By letter dated October 27, 2017, GD
Midea filed a petition for waiver and an
application for interim waiver from the
applicable CAC and HP test procedure
set forth in Appendix M.3 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. Consequently, GD Midea stated
that it cannot test or rate these systems
in accordance with the DOE test
procedure. GD Midea stated that its
variable-speed outdoor units are noncommunicative 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.
On May 30, 2018, DOE published a
notice that announced its receipt of the
petition for waiver and granted GD
Midea an interim waiver. 83 FR 24767.
(‘‘Notice of Petition for Waiver’’). In the
Notice of Petition for Waiver, DOE
granted GD Midea’s application for an
interim waiver for specified basic
models of CACs and HPs. In the Notice
of Petition for Waiver, DOE stated 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 variable3 On June 10, 2010, and June 20, 2018, GD Midea
supplemented the list of basic models listed in its
petition to confirm the manufacturer and individual
model numbers of the paired indoor and outdoor
units for which it seeks a waiver. The updated list
of basic models is available at: https://
www.regulations.gov/document?D=EERE-2017-BTWAV-0060-0001.
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speed coil-only single-split systems. 83
FR 24769. Typical variable-speed singlesplit systems have a communicating
system, i.e., the condensing 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 noncommunicative systems and the indoor
blower section maintains a constant
indoor blower fan speed.4 DOE also
determined that the alternate test
procedure suggested by GD Midea
allows 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. Id.
In the Notice of Petition for Waiver,
DOE also solicited comments from
interested parties on all aspects of the
petition and the specified alternate test
procedure. 83 FR 24770. In response,
DOE received comments from the
Natural Resources Defense Council
(‘‘NRDC’’), Goodman Manufacturing
Company, LP (‘‘Goodman’’), and
Advanced Distributor Products, LLC
(ADP).5
NRDC commented that it understood
the issue identified by GD Midea with
the current test procedure for GD
Midea’s products, but that it was
concerned that the alternate test
procedure suggested by GD Midea
would overstate the energy efficiency of
variable speed coil-only single-split
systems. NRDC stated that in the field,
it would expect these systems to
modulate compressor speed to maintain
a constant capacity regardless of
outdoor ambient conditions. However,
because the fan speed in the specified
CACs and HPs is fixed, under test
conditions the systems may deliver
reduced capacity, but at a higher
coefficient of performance (‘‘COP’’).
NRDC states that this effect would be
more pronounced with a slower
compressor speed.
In response to NRDC’s comment, DOE
notes that the DOE test procedure calls
for adjusting the measured capacity and
the total power input to account for the
fan input power (see Appendix M,
section 3.3.d) using an adjustment that
4 DOE reviewed public -facing materials (e.g.,
marketing materials, product specification sheets,
and installation manuals) for the units identified in
the petition, which supported GD Midea’s assertion
that the units are installed as variable-speed coilonly systems, in which the indoor fan speed
remains constant at full and part-load operation.
5 The comments can be accessed at: https://
www.regulations.gov/docket?D=EERE-2017-BTWAV-0060.
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is proportional to air volume rate. In the
alternate test procedure, this adjustment
remains constant because of the
constant air volume rate. Consequently,
the lower the capacity, the more the fan
power adjustment reduces COP,
contrary to NRDC’s concern. The fan
power adjustment is intended to reflect
typical fan power of indoor fan motors
in the field, with which coil-only indoor
units would be paired. Hence, even if
the COP is higher at a lower capacity,
that COP would be consistent with the
pairing of the indoor unit with a typical
field air moving system. In addition,
even though a system may be tested at
minimum capacity, the seasonal energy
efficiency ratio (SEER) and heating
seasonal performance factor (HSPF) are
calculated using the energy efficiency
ratio (EER) and heating performance
factor (HPF) for each temperature bin
based on capacities matching
conditioning loads representative for the
temperatures (see, e.g., Appendix M
section 4.1.4.2, which provides a
method to determine system EER when
the system delivers capacity between
minimum and maximum capacity).
Thus, the alternate test procedure
appropriately measures the energy
efficiency of the GD Midea products
subject to this waiver.
Goodman stated the alternate test
procedure should provide the exact
same air volume rate for testing of both
the cooling mode and heating mode, but
it was not clear that the alternate test
procedure accomplished this for heating
mode.
DOE notes that the air volume rates
are the same for all tests under the
alternate test procedure. As instructed
in the alternate test procedure specified
in the interim waiver and this Decision
and Order, 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 of Appendix M.
Section 3.1.4.4.1.a requires use of the
cooling full-load air volume rate for fullload heating. Further, the heating
minimum-load air-volume rate is
specified to be equal to the heating fullload air volume rate for ducted coil-only
systems. Hence, air volume rates are the
same for all operating conditions under
the alternate test procedure, as
recommended by Goodman.
ADP agreed that the current test
procedure does not allow for testing of
variable-speed coil-only single-split
systems, and that an alternate test
procedure is needed. ADP suggested
that to address other potential waiver
requests, allowance should be made for
different air volume rate settings,
similar to the allowances in the current
DOE test procedure for two-stage coil-
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only systems. ADP also expressed
concern that GD Midea appeared to
publish ratings in the AHRI certification
database for the specified basic units
prior to submission of the waiver
request, and prior to being granted an
interim waiver. ADP also noted that this
also calls into question any compliance
statement made to DOE about these
products pursuant to 10 CFR 429.12(c).
ADP further expressed concern
regarding the length of time between the
submission of the petition for waiver
and the publication of the Notice of
Petition for Waiver.
DOE notes that a Decision and Order
applies only to those basic models
specified in the Order. The petition for
waiver for GC Midea did not require
DOE to consider or evaluate a test
procedure that specifies different air
volume rate settings such as that used
in the current test procedure for twostage coil-only systems. Accordingly,
DOE is treating ADP’s comment on this
point to apply more generally than to
the specific waiver request at issue. DOE
will consider this issue in greater detail
if it should decide to amend the CAC
and HP test procedure in the future, or
if it receives an application for a test
procedure waiver for other basic models
in which issues with different air
volume rates are presented.
DOE appreciates ADP’s remaining
comments regarding the timeframe of
the waiver process and GD Midea’s
basic models appearing on the AHRI
Certification Directory, but because they
are outside the scope of the petition for
waiver they will be considered separate
from this Decision and Order.
For the reasons explained here and in
the Notice of Petition for Waiver, DOE
understands that absent a waiver, the
basic models identified by GD Midea in
its petition cannot be tested and rated
for energy consumption on a basis
representative of their true energy
consumption characteristics. DOE has
reviewed the recommended procedure
suggested by GD Midea and concludes
that it will allow for the accurate
measurement of the energy use of the
products, while alleviating the testing
problems associated with GD Midea’s
implementation of DOE’s applicable
CAC and HP test procedure for the
specified basic models. Thus, DOE is
requiring that GD Midea test and rate
the specified CAC and HP basic models
according to the alternate test procedure
specified in this Decision and Order,
which is identical to the procedure
provided in the interim waiver.
This Decision and Order applies only
to the basic models listed and does not
extend to any other basic models. DOE
evaluates and grants waivers for only
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56067
those basic models specifically set out
in the petition, not future models that
may be manufactured by the petitioner.
GD Midea may request that the scope
of this waiver be extended to include
additional basic models that employ the
same technology as those listed in this
waiver. 10 CFR 430.27(g). GD Midea
may also submit another petition for
waiver from the test procedure for
additional basic models that employ a
different technology and meet the
criteria for test procedure waivers. 10
CFR 430.27(a)(1).
DOE notes that it may modify or
rescind the waiver at any time upon
DOE’s determination that the factual
basis underlying the petition for waiver
is incorrect, or upon a determination
that the results from the alternate test
procedure are unrepresentative of the
basic models’ true energy consumption
characteristics. 10 CFR 430.27(k)(1).
Likewise, GD Midea may request that
DOE rescind or modify the waiver if the
company discovers an error in the
information provided to DOE as part of
its petition, determines that the waiver
is no longer needed, or for other
appropriate reasons. 10 CFR
430.27(k)(2).
III. Consultations With Other Agencies
In accordance with 10 CFR
430.27(f)(2), DOE consulted with the
Federal Trade Commission (‘‘FTC’’) staff
concerning the GD Midea petition for
waiver. The FTC staff did not have any
objections to DOE granting a waiver to
GD Midea for the specified basic
models.
IV. Order
After careful consideration of all the
material that was submitted by GD
Midea, the various public-facing
materials (e.g., marketing materials,
product specification sheets, and
installation manuals) for the units
identified in the petition, and the
comments received in this matter, it is
ORDERED that:
(1) GD Midea must, as of the date of
publication of this Order in the Federal
Register, 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 noncommunicative system in which the
compressor speed varies based only on
controls located in the outdoor unit and
the indoor blower unit maintains a
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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
Brand name
Basic model No.
GD MIDEA HEATING & VENTILATING EQUIPMENT CO., LTD ...................
GD MIDEA HEATING & VENTILATING EQUIPMENT CO., LTD ...................
GD MIDEA HEATING & VENTILATING EQUIPMENT CO., LTD ...................
GD MIDEA HEATING & VENTILATING EQUIPMENT CO., LTD ...................
GD MIDEA HEATING & VENTILATING EQUIPMENT CO., LTD ...................
GD MIDEA HEATING & VENTILATING EQUIPMENT CO., LTD ...................
GD MIDEA HEATING & VENTILATING EQUIPMENT CO., LTD ...................
GD MIDEA HEATING & VENTILATING EQUIPMENT CO., LTD ...................
GD MIDEA HEATING & VENTILATING EQUIPMENT CO., LTD ...................
GD MIDEA HEATING & VENTILATING EQUIPMENT CO., LTD ...................
BOSCH THERMOTECHNOLOGY CORP ........................................................
BOSCH THERMOTECHNOLOGY CORP ........................................................
BOSCH THERMOTECHNOLOGY CORP ........................................................
BOSCH THERMOTECHNOLOGY CORP ........................................................
BOSCH THERMOTECHNOLOGY CORP ........................................................
BOSCH THERMOTECHNOLOGY CORP ........................................................
BOSCH THERMOTECHNOLOGY CORP ........................................................
BOSCH THERMOTECHNOLOGY CORP ........................................................
BOSCH THERMOTECHNOLOGY CORP ........................................................
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BOSCH THERMOTECHNOLOGY CORP ........................................................
(2) The alternate test procedure 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 as described below, for coilonly combinations: The cooling fullload 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.
All other requirements of Appendix M
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
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combinations, which do not specify a
particular air mover, listed by brand
name:
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.
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 may
not make representations about the
efficiency of the basic models identified
in paragraph (1) of this Order for
compliance, marketing, or other
purposes unless the basic model has
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Outdoor 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.
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.
Indoor unit
MC**2430ANTF
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MC**3036BNTD
MC**3036CNTD
MC**4248BNTF
MC**4248CNTF
MC**4248DNTF
MC**4860CNTF
MC**4860DNTF
BMA*2430ANTD
BMA*2430BNTD
BMA*3036ANTD
BMA*3036BNTD
BMA*3036CNTD
BMA*4248BNTF
BMA*4248CNTF
BMA*4248DNTF
BMA*4860CNTF
BMA*4860DNTF
been tested in accordance with the
provisions set forth above and such
representations fairly disclose the
results of such testing in accordance
with 10 CFR part 430, subpart B,
appendix M, as specified in this Order,
and 10 CFR part 429, subpart B.
(4) This waiver shall remain in effect
according to the provisions of 10 CFR
430.27.
(5) 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
E:\FR\FM\09NON1.SGM
09NON1
Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices
characteristics. 10 CFR 430.27(k)(1).
Likewise, GD Midea may request that
DOE rescind or modify the waiver if GD
Midea discovers an error in the
information provided to DOE as part of
its petition, determines that the waiver
is no longer needed, or for other
appropriate reasons. 10 CFR
430.27(k)(2).
(6) Granting of this waiver does not
release GD Midea from the certification
requirements set forth at 10 CFR part
429.
Signed in Washington, DC, on November 1,
2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2018–24547 Filed 11–8–18; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
khammond on DSK30JT082PROD with NOTICES
Combined Notice of Filings #2
Take notice that the Commission
received the following exempt
wholesale generator filings:
Docket Numbers: EG19–16–000.
Applicants: TG High Prairie, LLC.
Description: Notice of SelfCertification of Exempt Wholesale
Generator Status of TG High Prairie,
LLC.
Filed Date: 11/2/18.
Accession Number: 20181102–5067.
Comments Due: 5 p.m. ET 11/23/18.
Take notice that the Commission
received the following electric rate
filings:
Docket Numbers: ER10–2551–009;
ER10–1846–008; ER10–1849–014;
ER10–1852–020; ER10–1855–008;
ER10–1887–014; ER10–1920–016;
ER10–1928–016; ER10–1952–014;
ER10–1961–014; ER10–1994–008;
ER10–1995–009; ER10–2720–016;
ER11–2642–009; ER11–4428–016;
ER11–4462–029; ER12–1228–016;
ER12–1880–015; ER12–2227–014;
ER12–569–015; ER12–895–014; ER13–
2474–010; ER13–712–016; ER14–2707–
011; ER14–2708–012; ER14–2709–011;
ER14–2710–011; ER15–1925–008;
ER15–2676–007; ER15–30–009; ER15–
58–009; ER16–1440–005; ER16–1672–
005; ER16–2190–004; ER16–2191–004;
ER16–2240–005; ER16–2241–004;
ER16–2275–004; ER16–2276–004;
ER16–2297–004; ER16–2453–005;
ER17–2152–001; ER17–838–004; ER18–
2067–001; ER18–2314–001.
Applicants: Baldwin Wind, LLC,
Blackwell Wind, LLC, Brady
VerDate Sep<11>2014
17:36 Nov 08, 2018
Jkt 247001
Interconnection, LLC, Brady Wind, LLC,
Brady Wind II, LLC, Breckinridge Wind
Project, LLC, Cedar Bluff Wind, LLC,
Chaves County Solar, LLC, Cimarron
Wind Energy, LLC, Cottonwood Wind
Project, LLC, Day County Wind, LLC,
Elk City Wind, LLC, Ensign Wind, LLC,
Florida Power & Light Company, FPL
Energy Burleigh County Wind, LLC, FPL
Energy Cowboy Wind, LLC, FPL Energy
Oklahoma Wind, LLC, FPL Energy
Sooner Wind, LLC, FPL Energy South
Dakota Wind, LLC, Gray County Wind
Energy, LLC, High Majestic Wind
Energy Center, LLC, High Majestic Wind
II, LLC, Kingman Wind Energy I, LLC,
Kingman Wind Energy II, LLC,
Mammoth Plains Wind Project, LLC,
Minco Wind, LLC, Minco Wind II, LLC,
Minco Wind III, LLC, Minco Wind
Interconnection Services, LLC, Minco
Wind V, LLC, Ninnescah Wind Energy,
LLC, Osborn Wind Energy, LLC, Palo
Duro Wind Energy, LLC, Palo Duro
Wind Interconnection Services, LLC,
Roswell Solar, LLC, Rush Springs Wind
Energy, LLC, Seiling Wind, LLC, Seiling
Wind II, LLC, Seiling Wind
Interconnection Services, LLC, Sholes
Wind Energy, LLC, Steele Flats Wind
Project, LLC, Wessington Wind Energy
Center, LLC, Wilton Wind II, LLC,
NEPM II, LLC, NextEra Energy
Marketing, LLC.
Description: Notification of NonMaterial Change in Status, et al. of
NextEra Resources Entities.
Filed Date: 11/1/18.
Accession Number: 20181101–5228.
Comments Due: 5 p.m. ET 11/23/18.
Docket Numbers: ER19–256–000.
Applicants: Wisconsin Power and
Light Company.
Description: § 205(d) Rate Filing:
Wisconsin Power and Light Company
Wholesale Formula Rate Changes to be
effective 12/31/2018.
Filed Date: 11/1/18.
Accession Number: 20181101–5224.
Comments Due: 5 p.m. ET 11/23/18.
Docket Numbers: ER19–275–000.
Applicants: Midcontinent
Independent System Operator, Inc.
Description: § 205(d) Rate Filing:
2018–11–02_Q3 Clean-up Filing to be
effective 1/2/2019.
Filed Date: 11/2/18.
Accession Number: 20181102–5079.
Comments Due: 5 p.m. ET 11/23/18.
Docket Numbers: ER19–277–000.
Applicants: Midcontinent
Independent System Operator, Inc.,
ALLETE, Inc.
Description: § 205(d) Rate Filing:
2018–11–02_SA 3201 MP–GRE ICA
(Brainerd) to be effective 11/3/2018.
Filed Date: 11/2/18.
Accession Number: 20181102–5084.
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
56069
Comments Due: 5 p.m. ET 11/23/18.
Docket Numbers: ER19–278–000.
Applicants: Midcontinent
Independent System Operator, Inc.,
ALLETE, Inc.
Description: § 205(d) Rate Filing:
2018–11–02_SA 3203 MP–GRE ICA
(Baxter) to be effective 11/3/2018.
Filed Date: 11/2/18.
Accession Number: 20181102–5097.
Comments Due: 5 p.m. ET 11/23/18.
Docket Numbers: ER19–279–000.
Applicants: Duke Energy Florida,
LLC.
Description: § 205(d) Rate Filing:
DEF–RCID NITSA–NOA Amendment
(SA–147) to be effective 12/1/2018.
Filed Date: 11/2/18.
Accession Number: 20181102–5110.
Comments Due: 5 p.m. ET 11/23/18.
Docket Numbers: ER19–280–000.
Applicants: Midcontinent
Independent System Operator, Inc.
Description: § 205(d) Rate Filing:
2018–11–02_Revisions to Attachment
FF–4 to be effective 1/2/2019.
Filed Date: 11/2/18.
Accession Number: 20181102–5126.
Comments Due: 5 p.m. ET 11/23/18.
Docket Numbers: ER19–281–000.
Applicants: PacifiCorp.
Description: § 205(d) Rate Filing: BPA
Construct Agmt for Hilltop Happy Camp
to be effective 12/24/2018.
Filed Date: 11/2/18.
Accession Number: 20181102–5131.
Comments Due: 5 p.m. ET 11/23/18.
Docket Numbers: ER19–283–000.
Applicants: ALLETE, Inc.
Description: Initial rate filing:
Reactive Power to be effective 1/1/2019.
Filed Date: 11/2/18.
Accession Number: 20181102–5166.
Comments Due: 5 p.m. ET 11/23/18.
Docket Numbers: ER19–284–000.
Applicants: Florida Power & Light
Company.
Description: § 205(d) Rate Filing: FPL
and FKEC Amendments to Rate
Schedule FERC No. 322 to be effective
4/1/2018.
Filed Date: 11/2/18.
Accession Number: 20181102–5170.
Comments Due: 5 p.m. ET 11/23/18.
The filings are accessible in the
Commission’s eLibrary system by
clicking on the links or querying the
docket number.
Any person desiring to intervene or
protest in any of the above proceedings
must file in accordance with Rules 211
and 214 of the Commission’s
Regulations (18 CFR 385.211 and
385.214) on or before 5:00 p.m. Eastern
time on the specified comment date.
Protests may be considered, but
intervention is necessary to become a
party to the proceeding.
E:\FR\FM\09NON1.SGM
09NON1
]]>Agencies
[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)]
[Notices]
[Pages 56065-56069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24547]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
[Case Number 2017-013; EERE-2017-BT-WAV-060]
Energy Conservation Program: Decision and Order Granting a Waiver
to GD Midea Heating & Ventilating Equipment Co., Ltd. From the
Department of Energy Central Air Conditioners and Heat Pumps Test
Procedure Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of decision and order.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (``DOE'') gives notice of a
Decision and Order (Case Number 2017-013) that grants to GD Midea
Heating & Ventilating Equipment Co., Ltd. (``GD Midea'') a waiver from
specified portions of the DOE test procedure for determining the energy
efficiency of central air conditioners and heat pumps. Under the
Decision and Order, GD Midea is required to test and rate specified
basic models of its central air conditioners and heat pumps in
accordance with the alternate test procedure specified in the Decision
and Order.
DATES: The Decision and Order is effective on November 9, 2018. The
Decision and Order will terminate upon the compliance date of any
future amendment to the test procedure for central air conditioners and
heat pumps located at 10 CFR part 430, subpart B, appendix M that
addresses the issues presented in this waiver. At such time, GD Midea
must use the relevant test procedure for this product for any testing
to demonstrate compliance with the applicable standards, and any other
representations of energy use.
FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC
20585-0121. E-mail: [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: In accordance with Title 10 of the Code of
Federal Regulations (10 CFR 430.27(f)(2)), DOE gives notice of the
issuance of its Decision and Order as set forth below. The Decision and
Order grants GD Midea a waiver from the applicable test procedure in 10
CFR part 430, subpart B, appendix M for specified basic models of
central air conditioners and heat pumps, provided that GD Midea tests
and rates such products using the alternate test procedure specified in
the Decision and Order. GD Midea's representations concerning the
energy efficiency of the specified basic models must be based on
testing according to the provisions and restrictions in the alternate
test procedure set forth in the Decision and Order, and the
representations must fairly disclose the test results. Distributors,
retailers, and private labelers are held to the same requirements when
making representations regarding the energy efficiency of these
products. (42 U.S.C. 6293(c))
Consistent with 10 CFR 430.27(j), not later than January 8, 2019,
any manufacturer currently distributing in commerce in the United
States products employing a technology or characteristic that results
in the same need for a waiver from the applicable test procedure must
submit a petition for waiver. Manufacturers not currently distributing
such products in commerce in the United States must petition for and be
granted a waiver prior to the distribution in commerce of those
products in the United States. Manufacturers may also submit a request
for interim waiver pursuant to the requirements of 10 CFR 430.27.
Signed in Washington, DC, on November 1, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
Case #2017-013
Decision and Order
I. Background and Authority
The Energy Policy and Conservation Act of 1975 (``EPCA''),\1\
Public Law 94-163 (42 U.S.C. 6291-6317, as codified), among other
things, authorizes the U.S. Department of Energy (``DOE'') to regulate
the energy efficiency of a number of consumer products and industrial
equipment. Title III, Part B \2\ of EPCA established the Energy
Conservation Program for Consumer Products Other Than Automobiles,
which sets forth a variety of provisions designed to improve energy
efficiency
[[Page 56066]]
for certain types of consumer products. These products include central
air conditioners (CACs) and heat pumps (HPs), the focus of this
document. (42 U.S.C. 6292(a)(3)) EPCA also 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 CACs and HPs is contained in 10 CFR part 430,
subpart B, appendix M.
---------------------------------------------------------------------------
\1\ 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).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated as Part A.
---------------------------------------------------------------------------
DOE's regulations set forth at 10 CFR 430.27 contain provisions
that allow an interested person to seek a waiver from the test
procedure requirements for a particular basic model when the
petitioner's basic model for which the petition for waiver was
submitted contains one or more design characteristics that either (1)
prevent testing according to the prescribed test procedure, or (2)
cause the prescribed test 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
characteristics. 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. 10 CFR 430.27(l). As soon thereafter as practicable, DOE will
publish in the Federal Register a final rule. Id.
The wavier process also provides that DOE may 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
underlying petition for waiver. 10 CFR 430.27(e)(2). Within one year of
issuance of an interim waiver, DOE will either: (i) Publish in the
Federal Register a determination on the petition for waiver; or (ii)
publish in the Federal Register a new or amended test procedure that
addresses the issues presented in the waiver. 10 CFR 430.27(h)(1). When
DOE amends the test procedure to address the issues presented in a
waiver, the waiver will automatically terminate on the date on which
use of that test procedure is required to demonstrate compliance. 10
CFR 430.27(h)(2).
II. GD Midea's Petition for Waiver: Assertions and Determinations
By letter dated October 27, 2017, GD Midea filed a petition for
waiver and an application for interim waiver from the applicable CAC
and HP test procedure set forth in Appendix M.\3\ 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. Consequently, GD Midea stated that it 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.
---------------------------------------------------------------------------
\3\ On June 10, 2010, and June 20, 2018, GD Midea supplemented
the list of basic models listed in its petition to confirm the
manufacturer and individual model numbers of the paired indoor and
outdoor units for which it seeks a waiver. The updated list of basic
models is available at: https://www.regulations.gov/document?D=EERE-2017-BT-WAV-0060-0001.
---------------------------------------------------------------------------
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.
On May 30, 2018, DOE published a notice that announced its receipt
of the petition for waiver and granted GD Midea an interim waiver. 83
FR 24767. (``Notice of Petition for Waiver''). In the Notice of
Petition for Waiver, DOE granted GD Midea's application for an interim
waiver for specified basic models of CACs and HPs. In the Notice of
Petition for Waiver, DOE stated 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. 83
FR 24769. Typical variable-speed single-split systems have a
communicating system, i.e., the condensing 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.\4\
DOE also determined that the alternate test procedure suggested by GD
Midea allows 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. Id.
---------------------------------------------------------------------------
\4\ DOE reviewed public -facing materials (e.g., marketing
materials, product specification sheets, and installation manuals)
for the units identified in the petition, which supported GD Midea's
assertion that the units are installed as variable-speed coil-only
systems, in which the indoor fan speed remains constant at full and
part-load operation.
---------------------------------------------------------------------------
In the Notice of Petition for Waiver, DOE also solicited comments
from interested parties on all aspects of the petition and the
specified alternate test procedure. 83 FR 24770. In response, DOE
received comments from the Natural Resources Defense Council
(``NRDC''), Goodman Manufacturing Company, LP (``Goodman''), and
Advanced Distributor Products, LLC (ADP).\5\
---------------------------------------------------------------------------
\5\ The comments can be accessed at: https://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0060.
---------------------------------------------------------------------------
NRDC commented that it understood the issue identified by GD Midea
with the current test procedure for GD Midea's products, but that it
was concerned that the alternate test procedure suggested by GD Midea
would overstate the energy efficiency of variable speed coil-only
single-split systems. NRDC stated that in the field, it would expect
these systems to modulate compressor speed to maintain a constant
capacity regardless of outdoor ambient conditions. However, because the
fan speed in the specified CACs and HPs is fixed, under test conditions
the systems may deliver reduced capacity, but at a higher coefficient
of performance (``COP''). NRDC states that this effect would be more
pronounced with a slower compressor speed.
In response to NRDC's comment, DOE notes that the DOE test
procedure calls for adjusting the measured capacity and the total power
input to account for the fan input power (see Appendix M, section
3.3.d) using an adjustment that
[[Page 56067]]
is proportional to air volume rate. In the alternate test procedure,
this adjustment remains constant because of the constant air volume
rate. Consequently, the lower the capacity, the more the fan power
adjustment reduces COP, contrary to NRDC's concern. The fan power
adjustment is intended to reflect typical fan power of indoor fan
motors in the field, with which coil-only indoor units would be paired.
Hence, even if the COP is higher at a lower capacity, that COP would be
consistent with the pairing of the indoor unit with a typical field air
moving system. In addition, even though a system may be tested at
minimum capacity, the seasonal energy efficiency ratio (SEER) and
heating seasonal performance factor (HSPF) are calculated using the
energy efficiency ratio (EER) and heating performance factor (HPF) for
each temperature bin based on capacities matching conditioning loads
representative for the temperatures (see, e.g., Appendix M section
4.1.4.2, which provides a method to determine system EER when the
system delivers capacity between minimum and maximum capacity). Thus,
the alternate test procedure appropriately measures the energy
efficiency of the GD Midea products subject to this waiver.
Goodman stated the alternate test procedure should provide the
exact same air volume rate for testing of both the cooling mode and
heating mode, but it was not clear that the alternate test procedure
accomplished this for heating mode.
DOE notes that the air volume rates are the same for all tests
under the alternate test procedure. As instructed in the alternate test
procedure specified in the interim waiver and this Decision and Order,
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 of Appendix
M. Section 3.1.4.4.1.a requires use of the cooling full-load air volume
rate for full-load heating. Further, the heating minimum-load air-
volume rate is specified to be equal to the heating full-load air
volume rate for ducted coil-only systems. Hence, air volume rates are
the same for all operating conditions under the alternate test
procedure, as recommended by Goodman.
ADP agreed that the current test procedure does not allow for
testing of variable-speed coil-only single-split systems, and that an
alternate test procedure is needed. ADP suggested that to address other
potential waiver requests, allowance should be made for different air
volume rate settings, similar to the allowances in the current DOE test
procedure for two-stage coil-only systems. ADP also expressed concern
that GD Midea appeared to publish ratings in the AHRI certification
database for the specified basic units prior to submission of the
waiver request, and prior to being granted an interim waiver. ADP also
noted that this also calls into question any compliance statement made
to DOE about these products pursuant to 10 CFR 429.12(c). ADP further
expressed concern regarding the length of time between the submission
of the petition for waiver and the publication of the Notice of
Petition for Waiver.
DOE notes that a Decision and Order applies only to those basic
models specified in the Order. The petition for waiver for GC Midea did
not require DOE to consider or evaluate a test procedure that specifies
different air volume rate settings such as that used in the current
test procedure for two-stage coil-only systems. Accordingly, DOE is
treating ADP's comment on this point to apply more generally than to
the specific waiver request at issue. DOE will consider this issue in
greater detail if it should decide to amend the CAC and HP test
procedure in the future, or if it receives an application for a test
procedure waiver for other basic models in which issues with different
air volume rates are presented.
DOE appreciates ADP's remaining comments regarding the timeframe of
the waiver process and GD Midea's basic models appearing on the AHRI
Certification Directory, but because they are outside the scope of the
petition for waiver they will be considered separate from this Decision
and Order.
For the reasons explained here and in the Notice of Petition for
Waiver, DOE understands that absent a waiver, the basic models
identified by GD Midea in its petition cannot be tested and rated for
energy consumption on a basis representative of their true energy
consumption characteristics. DOE has reviewed the recommended procedure
suggested by GD Midea and concludes that it will allow for the accurate
measurement of the energy use of the products, while alleviating the
testing problems associated with GD Midea's implementation of DOE's
applicable CAC and HP test procedure for the specified basic models.
Thus, DOE is requiring that GD Midea test and rate the specified CAC
and HP basic models according to the alternate test procedure specified
in this Decision and Order, which is identical to the procedure
provided in the interim waiver.
This Decision and Order applies only to the basic models listed and
does not extend to any other basic models. DOE evaluates and grants
waivers for only those basic models specifically set out in the
petition, not future models that may be manufactured by the petitioner.
GD Midea may request that the scope of this waiver be extended to
include additional basic models that employ the same technology as
those listed in this waiver. 10 CFR 430.27(g). GD Midea may also submit
another petition for waiver from the test procedure for additional
basic models that employ a different technology and meet the criteria
for test procedure waivers. 10 CFR 430.27(a)(1).
DOE notes that it may modify or rescind the waiver at any time upon
DOE's determination that the factual basis underlying the petition for
waiver is incorrect, or upon a determination that the results from the
alternate test procedure are unrepresentative of the basic models' true
energy consumption characteristics. 10 CFR 430.27(k)(1). Likewise, GD
Midea may request that DOE rescind or modify the waiver if the company
discovers an error in the information provided to DOE as part of its
petition, determines that the waiver is no longer needed, or for other
appropriate reasons. 10 CFR 430.27(k)(2).
III. Consultations With Other Agencies
In accordance with 10 CFR 430.27(f)(2), DOE consulted with the
Federal Trade Commission (``FTC'') staff concerning the GD Midea
petition for waiver. The FTC staff did not have any objections to DOE
granting a waiver to GD Midea for the specified basic models.
IV. Order
After careful consideration of all the material that was submitted
by GD Midea, the various public-facing materials (e.g., marketing
materials, product specification sheets, and installation manuals) for
the units identified in the petition, and the comments received in this
matter, it is ORDERED that:
(1) GD Midea must, as of the date of publication of this Order in
the Federal Register, 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
[[Page 56068]]
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, which do not specify a
particular air mover, listed by brand name:
----------------------------------------------------------------------------------------------------------------
Brand name Basic model No. Outdoor unit Indoor unit
----------------------------------------------------------------------------------------------------------------
GD MIDEA HEATING & VENTILATING MOVA-36HDN1-M18M............ MOVA-36HDN1-M18M........... MC**2430ANTF
EQUIPMENT CO., LTD.
GD MIDEA HEATING & VENTILATING MOVA-36HDN1-M18M............ MOVA-36HDN1-M18M........... MC**2430BNTF
EQUIPMENT CO., LTD.
GD MIDEA HEATING & VENTILATING MOVA-36HDN1-M18M............ MOVA-36HDN1-M18M........... MC**3036ANTD
EQUIPMENT CO., LTD.
GD MIDEA HEATING & VENTILATING MOVA-36HDN1-M18M............ MOVA-36HDN1-M18M........... MC**3036BNTD
EQUIPMENT CO., LTD.
GD MIDEA HEATING & VENTILATING MOVA-36HDN1-M18M............ MOVA-36HDN1-M18M........... MC**3036CNTD
EQUIPMENT CO., LTD.
GD MIDEA HEATING & VENTILATING MOVA-60HDN1-M18M............ MOVA-60HDN1-M18M........... MC**4248BNTF
EQUIPMENT CO., LTD.
GD MIDEA HEATING & VENTILATING MOVA-60HDN1-M18M............ MOVA-60HDN1-M18M........... MC**4248CNTF
EQUIPMENT CO., LTD.
GD MIDEA HEATING & VENTILATING MOVA-60HDN1-M18M............ MOVA-60HDN1-M18M........... MC**4248DNTF
EQUIPMENT CO., LTD.
GD MIDEA HEATING & VENTILATING MOVA-60HDN1-M18M............ MOVA-60HDN1-M18M........... MC**4860CNTF
EQUIPMENT CO., LTD.
GD MIDEA HEATING & VENTILATING MOVA-60HDN1-M18M............ MOVA-60HDN1-M18M........... MC**4860DNTF
EQUIPMENT CO., LTD.
BOSCH THERMOTECHNOLOGY CORP... MOVA-36HDN1-M18M............ BOVA-36HDN1-M18M........... BMA*2430ANTD
BOSCH THERMOTECHNOLOGY CORP... MOVA-36HDN1-M18M............ BOVA-36HDN1-M18M........... BMA*2430BNTD
BOSCH THERMOTECHNOLOGY CORP... MOVA-36HDN1-M18M............ BOVA-36HDN1-M18M........... BMA*3036ANTD
BOSCH THERMOTECHNOLOGY CORP... MOVA-36HDN1-M18M............ BOVA-36HDN1-M18M........... BMA*3036BNTD
BOSCH THERMOTECHNOLOGY CORP... MOVA-36HDN1-M18M............ BOVA-36HDN1-M18M........... BMA*3036CNTD
BOSCH THERMOTECHNOLOGY CORP... MOVA-60HDN1-M18M............ BOVA-60HDN1-M18M........... BMA*4248BNTF
BOSCH THERMOTECHNOLOGY CORP... MOVA-60HDN1-M18M............ BOVA-60HDN1-M18M........... BMA*4248CNTF
BOSCH THERMOTECHNOLOGY CORP... MOVA-60HDN1-M18M............ BOVA-60HDN1-M18M........... BMA*4248DNTF
BOSCH THERMOTECHNOLOGY CORP... MOVA-60HDN1-M18M............ BOVA-60HDN1-M18M........... BMA*4860CNTF
BOSCH THERMOTECHNOLOGY CORP... MOVA-60HDN1-M18M............ BOVA-60HDN1-M18M........... BMA*4860DNTF
----------------------------------------------------------------------------------------------------------------
(2) The alternate test procedure 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 as described below, for coil-only combinations: 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. All other requirements of Appendix M
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 may not make representations about
the efficiency of the basic models identified in paragraph (1) of this
Order for compliance, marketing, or other purposes unless the basic
model has been tested in accordance with the provisions set forth above
and such representations fairly disclose the results of such testing in
accordance with 10 CFR part 430, subpart B, appendix M, as specified in
this Order, and 10 CFR part 429, subpart B.
(4) This waiver shall remain in effect according to the provisions
of 10 CFR 430.27.
(5) 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
[[Page 56069]]
characteristics. 10 CFR 430.27(k)(1). Likewise, GD Midea may request
that DOE rescind or modify the waiver if GD Midea discovers an error in
the information provided to DOE as part of its petition, determines
that the waiver is no longer needed, or for other appropriate reasons.
10 CFR 430.27(k)(2).
(6) Granting of this waiver does not release GD Midea from the
certification requirements set forth at 10 CFR part 429.
Signed in Washington, DC, on November 1, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency
and Renewable Energy.
[FR Doc. 2018-24547 Filed 11-8-18; 8:45 am]
BILLING CODE 6450-01-P
