Notice of Petition for Waiver of TCL Air Conditioner (zhongshan) Co., Ltd. From the Department of Energy Central Air Conditioners and Heat Pumps Test Procedure, and Notice of Grant of Interim Waiver, 56058-56065 [2018-24548]
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Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices
Butte, MT
Contracting Activity: Defense Logistics
Agency Troop Support
Michael R. Jurkowski,
Business Management Specialist, Business
Operations.
[FR Doc. 2018–24583 Filed 11–8–18; 8:45 am]
BILLING CODE 6353–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
Defense Advisory Committee on
Women in the Services; Notice of
Federal Advisory Committee Meeting
Under Secretary of Defense for
Personnel and Readiness, Department of
Defense.
ACTION: Notice of Federal Advisory
Committee meeting.
AGENCY:
The Department of Defense
(DoD) is publishing this notice to
announce that the following Federal
Advisory Committee meeting of the
Defense Advisory Committee on Women
in the Services will take place.
DATES: Day 1—Open to the public
Tuesday, December 11, 2018 from 8:00
a.m. to 11:45 a.m. Day 2—Open to the
public Wednesday, December 12, 2018
from 8:00 a.m. to 11:00 a.m.
ADDRESSES: The address of the open
meeting is the Hilton Alexandria—Mark
Center, 5000 Seminary Rd., Alexandria,
VA 22311.
FOR FURTHER INFORMATION CONTACT:
Colonel Toya J. Davis, U.S. Army, (703)
697–2122 (Voice), 703–614–6233
(Facsimile), toya.j.davis.mil@mail.mil
(Email). Mailing address is 4800 Mark
Center Drive, Suite 04J25–01,
Alexandria, VA 22350. Website: https://
dacowits.defense.gov. The most up-todate changes to the meeting agenda can
be found on the website.
SUPPLEMENTARY INFORMATION: This
meeting is being held under the
provisions of the Federal Advisory
Committee Act (FACA) of 1972 (5
U.S.C., Appendix, as amended), the
Government in the Sunshine Act of
1976 (5 U.S.C. 552b, as amended), and
41 CFR 102–3.140 and 102–3.150.
Purpose of the Meeting: The purpose
of the meeting is for the DACOWITS to
receive briefings and updates relating to
their current work. The meeting will
open with the Designated Federal
Officer (DFO) giving a status update on
the DACOWITS’ requests for
information. Day one will start with two
separate briefings from the Military
Services on the following topics: Gender
Representation Among Instructors/
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SUMMARY:
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Trainers; and Breastfeeding and
Lactation Support. There will be a
Public Comment period at the end of
day one. The second day of the meeting
will open with a briefing from Military
Services regarding their Physical Fitness
Tests. This will be followed by a
briefing by DoD on Childcare Resources.
Lastly the DACOWITS will hold an
awards ceremony for departing
members.
Agenda: Tuesday, December 11, 2018,
from 8:00 a.m. to 11:45 a.m.—Welcome,
Introductions, and Announcements;
Request for Information Status Update;
Briefings and DACOWITS discussion
on: Gender Representation Among
Instructors/Trainers; Breastfeeding and
Lactation Support; and a Public
Comment period. Wednesday,
December 12, 2018, from 8:00 a.m. to
11:00 a.m.—Welcome and
Announcements; Briefing and
DACOWITS discussion on the Military
Services’ Physical Fitness Tests;
Briefing by DoD on Childcare Resources;
and an Awards Ceremony.
Meeting Accessibility: Pursuant to 5
U.S.C. 552b, as amended, and 41 CFR
102–3.140 through 102–3.165, this
meeting is open to the public, subject to
the availability of space.
Written Statements: Pursuant to 41
CFR 102–3.140, and section 10(a)(3) of
the FACA, interested persons may
submit a written or oral statement to the
DACOWITS. Individuals submitting a
written statement must submit their
statement no later than 5:00 p.m.,
Monday, December 3, 2018 to Mr.
Robert Bowling (703) 697–2122 (Voice),
703–614–6233 (Facsimile),
osd.pentagon.ousd-p-r.mbx.dacowits@
mail.mil (Email). Mailing address is
4800 Mark Center Drive, Suite 04J25–01,
Alexandria, VA 22350. If a written
statement is not received by Monday,
December 3, 2018, prior to the meeting,
which is the subject of this notice, then
it may not be provided to or considered
by the DACOWITS. If members of the
public are interested in making an oral
statement, a written statement should be
submitted. After reviewing the written
comments, the Chair and the DFO will
determine if the requesting persons are
permitted to make an oral presentation
of their issue during an open portion of
this meeting or at a future meeting. The
DFO will review all timely submissions
with the DACOWITS Chair and ensure
they are provided to the members of the
Committee.
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Dated: November 5, 2018.
Aaron T. Siegel,
Alternate OSD .Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2018–24519 Filed 11–8–18; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF ENERGY
[Case No. 2018–009; EERE–2018–BT–WAV–
0013]
Notice of Petition for Waiver of TCL Air
Conditioner (zhongshan) 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 TCL air conditioner (zhongshan)
Co., Ltd. (‘‘TCL AC’’), which seeks 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’’). TCL AC seeks to use an
alternate test procedure to address
issues involved in testing certain basic
models identified in its petition.
According to TCL AC, the DOE test
procedure does not include a method
for testing specified CAC and 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’’). TCL AC 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 TCL AC 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 Interim Waiver Order. DOE
solicits comments, data, and
information concerning TCL AC’s
petition and the alternate test
procedure.
DATES: DOE will accept comments, data,
and information with respect to the TCL
AC petition until December 10, 2018.
ADDRESSES: Interested persons are
encouraged to submit comments using
SUMMARY:
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Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices
the Federal eRulemaking Portal at
https://www.regulations.gov. Follow the
instructions for submitting comments.
Alternatively, interested persons may
submit comments, identified by case
number ‘‘2018–009’’ and Docket number
‘‘EERE–2018–BT–WAV–0013,’’ by any
of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email: TCL2018WAV0013@
ee.doe.gov. Include the case number
[Case No. 2018–009] in the subject line
of the message.
• Postal Mail: Appliance and
Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, Mailstop EE–5B,
Petition for Waiver Case No. 2018–009,
1000 Independence Avenue SW,
Washington, DC 20585–0121. If
possible, please submit all items on a
compact disc (‘‘CD’’), in which case it is
not necessary to include printed copies.
• Hand Delivery/Courier: Appliance
and Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, 950 L’Enfant Plaza
SW, 6th Floor, Washington, DC 20024.
Telephone: (202) 287–1445. If possible,
please submit all items on a CD, in
which case it is not necessary to include
printed copies.
No telefacsimilies (faxes) will be
accepted. For detailed instructions on
submitting comments and additional
information on this process, see section
V of this document.
Docket: The docket, which includes
Federal Register notices, comments,
and other supporting documents/
materials, is available for review at
https://www.regulations.gov. All
documents in the docket are listed in
the https://www.regulations.gov index.
However, some documents listed in the
index, such as those containing
information that is exempt from public
disclosure, may not be publicly
available.
The docket web page can be found at
https://www.regulations.gov/
docket?D=EERE-2018-BT-WAV-0013.
The docket web page contains
instruction on how to access all
documents, including public comments,
in the docket. See section V for
information on how to submit
comments through https://
www.regulations.gov.
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.
FOR FURTHER INFORMATION CONTACT:
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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) 2 established the
Energy Conservation Program for
Consumer Products Other Than
Automobiles, which includes CACs and
HPs. (42 U.S.C. 6292(a)(3)) 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
CACs and HPs is contained in the Code
of Federal Regulations (‘‘CFR’’) at 10
CFR part 430, subpart B, appendix M
(referred to in this notice as ‘‘appendix
M’’).
Under 10 CFR 430.27, any interested
person may submit a petition for waiver
from DOE’s test procedure
requirements. DOE will grant a waiver
from the test procedure requirements if
DOE determines either that the basic
model for which the waiver was
requested contains a design
characteristic that prevents testing of the
basic model according to the prescribed
test procedures, or that the prescribed
test procedures evaluate the basic model
in a manner so unrepresentative of its
true energy consumption characteristics
as to provide materially inaccurate
comparative data. 10 CFR 430.27(f)(2). A
petitioner must include in its petition
any alternate test procedures known to
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
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated as Part A.
2 All references to EPCA in this document refer
to the statute as amended through the EPS
Improvement Act of 2017, Public Law 115–115
(January 12, 2018).
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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 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. TCL AC’s Petition for Waiver of Test
Procedure and Application for Interim
Waiver
On July 10, 2018, TCL AC 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 TCL AC, 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
the variable-speed coil-only single-split
systems specified in its petition.
Consequently, TCL AC asserted that it
cannot test or rate these systems in
accordance with the DOE test
procedure. TCL AC 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.
TCL AC seeks to use an alternate test
procedure to test and rate specific CAC
and HP basic models of its variablespeed 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.
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TCL AC also requests an interim
waiver from the existing DOE test
procedure. DOE will grant an interim
waiver if it appears likely that the
petition for waiver will be granted, and/
or if DOE determines that it would be
desirable for public policy reasons to
grant immediate relief pending a
determination of the petition for waiver.
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
TCL AC’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
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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 TCL AC in a
subsequent Decision and Order.
DOE recently granted to GD Midea
Heating & Ventilating Equipment Co.,
Ltd. (‘‘GD Midea’’) an interim waiver
from the DOE CAC and HP test
procedure for specific basic models,
subject to use of an alternate test
procedure. 83 FR 24767. In TCL AC’s
petition, TCL AC requests that it be
allowed to use the same alternate test
procedure as that granted to GD Midea.
Specifically, TCL AC 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 TCL AC’s
application for interim waiver, the
alternate procedure requested by TCL
AC, and public-facing materials (e.g.,
marketing materials, product
specification sheets, and installation
manuals) for the units identified in its
petition. The basic models specified in
TCL AC’s application appear to contain
similar technology and barriers to
testing as those specified in the GD
Midea interim waiver order. The publicfacing materials that DOE reviewed
support TCL AC’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.
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 because there is no
variability in indoor fan speed. Based on
this review, the alternate test procedure
appears to allow for the accurate
measurement of efficiency of the
specified basic models, while alleviating
the testing problems associated with
TCL AC’s implementation of CAC and
HP testing for the basic models specified
in TCL AC’s petition. Consequently,
TCL AC’s petition for waiver will likely
be granted. Furthermore, DOE has
determined that it is desirable for public
policy reasons to grant TCL AC
immediate relief pending a
determination on the petition for
waiver.
For the reasons stated above, DOE has
granted an interim waiver to TCL AC for
the specified CAC and HP basic models
in TCL AC’s petition. Therefore, DOE
has issued an order, stating:
(1) TCL AC must test and rate the TCL
air conditioner (zhongshan) Co., Ltd.
brand and Ecoer Inc. brand single-split
CAC and HP basic models TCE–36HA/
DV20 and TCE–60HA/DV20, which are
comprised of the individual
combinations listed below,3 using the
alternate test procedure set forth in
paragraph (2):
Brand
Basic model No.
Outdoor unit
Indoor unit
TCL air conditioner (zhongshan) Co., Ltd .....
TCL air conditioner (zhongshan) Co., Ltd .....
TCL air conditioner (zhongshan) Co., Ltd .....
TCL air conditioner (zhongshan) Co., Ltd .....
TCL air conditioner (zhongshan) Co., Ltd .....
TCL air conditioner (zhongshan) Co., Ltd .....
TCL air conditioner (zhongshan) Co., Ltd .....
TCL air conditioner (zhongshan) Co., Ltd .....
TCL air conditioner (zhongshan) Co., Ltd .....
TCL air conditioner (zhongshan) Co., Ltd .....
TCL air conditioner (zhongshan) Co., Ltd .....
TCL air conditioner (zhongshan) Co., Ltd .....
TCL air conditioner (zhongshan) Co., Ltd .....
TCL air conditioner (zhongshan) Co., Ltd .....
TCL air conditioner (zhongshan) Co., Ltd .....
TCL air conditioner (zhongshan) Co., Ltd .....
Ecoer Inc ........................................................
Ecoer Inc ........................................................
Ecoer Inc ........................................................
TCE–36HA/DV20
TCE–36HA/DV20
TCE–36HA/DV20
TCE–36HA/DV20
TCE–36HA/DV20
TCE–36HA/DV20
TCE–36HA/DV20
TCE–36HA/DV20
TCE–60HA/DV20
TCE–60HA/DV20
TCE–60HA/DV20
TCE–60HA/DV20
TCE–60HA/DV20
TCE–60HA/DV20
TCE–60HA/DV20
TCE–60HA/DV20
TCE–36HA/DV20
TCE–36HA/DV20
TCE–36HA/DV20
TCE–36HA/DV20
TCE–36HA/DV20
TCE–36HA/DV20
TCE–36HA/DV20
TCE–36HA/DV20
TCE–36HA/DV20
TCE–36HA/DV20
TCE–36HA/DV20
TCE–60HA/DV20
TCE–60HA/DV20
TCE–60HA/DV20
TCE–60HA/DV20
TCE–60HA/DV20
TCE–60HA/DV20
TCE–60HA/DV20
TCE–60HA/DV20
EODA18H–2436
EODA18H–2436
EODA18H–2436
TCE–2430D6HWA/DVOE(01).
TCE–2430D6HWA/DVOE(02).
TCE–3036D6HWA/DVOE(02).
TCE–2430D6HWA/DV2I(01).
TCE–2430D6HWA/DV2I(02).
TCE–3036D6HWA/DV2I(01).
TCE–3036D6HWA/DV2I(02).
TCE–3036D6HWA/DV2I(03).
TCE–4248D6HWA/DVOE(03).
TCE–4860D6HWA/DVOE(03).
TCE–4860D6HWA/DVOE(04).
TCE–4248D6HWA/DV2I(02).
TCE–4248D6HWA/DV2I(03).
TCE–4248D6HWA/DV2I(04).
TCE–4860D6HWA/DV2I(03).
TCE–4860D6HWA/DV2I(04).
GNC2430APT.
GNC2430BPT.
GNC3036BPT.
3 The specified basic models contain individual
combinations, which do not specify a particular air
mover, and that each consist of an outdoor unit that
(1) uses a variable speed compressor matched with
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a coil-only indoor unit, and (2) 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 such that the
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indoor blower unit maintains a constant indoor
blower fan speed.
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Brand
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Ecoer
Ecoer
Ecoer
Ecoer
Ecoer
Ecoer
Ecoer
Ecoer
Ecoer
Ecoer
Ecoer
Ecoer
Ecoer
Inc
Inc
Inc
Inc
Inc
Inc
Inc
Inc
Inc
Inc
Inc
Inc
Inc
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
........................................................
(2) The alternate test procedure for the
TCL AC 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:
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. TCL AC is
permitted to make representations about
the efficiency of basic models identified
in 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
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Basic model No.
Outdoor unit
TCE–36HA/DV20
TCE–36HA/DV20
TCE–36HA/DV20
TCE–36HA/DV20
TCE–36HA/DV20
TCE–60HA/DV20
TCE–60HA/DV20
TCE–60HA/DV20
TCE–60HA/DV20
TCE–60HA/DV20
TCE–60HA/DV20
TCE–60HA/DV20
TCE–60HA/DV20
EODA18H–2436
EODA18H–2436
EODA18H–2436
EODA18H–2436
EODA18H–2436
EODA18H–4860
EODA18H–4860
EODA18H–4860
EODA18H–4860
EODA18H–4860
EODA18H–4860
EODA18H–4860
EODA18H–4860
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.
(5) If TCL AC makes any
modifications to the controls or
configurations of these basic models, the
interim waiver would no longer be valid
and TCL AC 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 interim 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.
10 CFR 430.27(k)(1). Likewise, TCL AC
may request that DOE rescind or modify
the interim waiver if TCL AC discovers
an error in the information provided to
DOE as part of its petition, determines
that the interim waiver is no longer
needed, or for other appropriate reasons.
10 CFR 430.27(k)(2).
(6) Granting of this interim waiver
does not release TCL AC 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.
TCL AC 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, TCL AC
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).
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
Indoor unit
EACT2430A.
EACT2430B.
EACT3036A.
EACT3036B.
EACT3036C.
GNC4248CPT.
GNC4860CPT.
GNC4860DPT.
EACT4248B.
EACT4248C.
EACT4248D.
EACT4860C.
EACT4860D.
V. Request for Comments
DOE is publishing TCL AC’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 TCL AC’s specified
CAC and HP basic models. DOE may
consider including the alternate
procedure specified in the Interim
Waiver Order in a subsequent Decision
and Order.
DOE invites all interested parties to
submit in writing by December 10, 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 Kevin Zheng,
Certification Engineer, TCL Air
Conditioner (zhongshan) Co., Ltd., No.
59. Nantou Road West, Nantou,
Zhongshan, Guangdong, P.R. China, kt_
zhengkai@tcl.com.
Submitting comments via https://
www.regulations.gov. The https://
www.regulations.gov web page will
require you to provide your name and
contact information. Your contact
information will be viewable to DOE
Building Technologies staff only. Your
contact information will not be publicly
viewable except for your first and last
names, organization name (if any), and
submitter representative name (if any).
If your comment is not processed
properly because of technical
difficulties, DOE will use this
information to contact you. If DOE
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, DOE may not be
able to consider your comment.
However, your contact information
will be publicly viewable if you include
it in the comment or in any documents
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attached to your comment. Any
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Persons viewing comments will see only
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Do not submit to https://
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www.regulations.gov cannot be claimed
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website will waive any CBI claims for
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section.
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Submitting comments via email, hand
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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
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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
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
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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
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letter with a list of supporters’ names
compiled into one or more PDFs. This
reduces comment processing and
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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 November 1,
2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
TCL air conditioner (zhongshan) Co., Ltd.
No. 59. Nantou Road West, Nantou,
Zhongshan, Guangdong, P.R. China
July 19, 2018
PO 00000
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Lucy deButts
U.S. Department of Energy
Building Technologies Program, Mail Stop
EE–5B
1000 Independence Avenue. SW
Washington DC 20585–0121
Submitted via email to the following address:
AS_Waiver_Requests@ee.doe.gov
Waiver Petition for TCL AC’s variable speed
coil-only single-split systems.
Dear Ms. Lucy Debutts:
Pursuant to 10 CFR 430.27, TCL air
conditioner (zhongshan) Co., Ltd. (hereinafter
abbreviated as ‘‘TCL AC’’) respectfully
submits this waiver petition on its noncommunicative variable speed systems with
coil-only configuration listed in Table 3–1.
The scope of the test procedure for central air
conditioners (CACs) and heat pumps (HPs)
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 coilonly systems with a variable-speed
compressor (hereinafter referred to as
‘‘variable-speed coil-only single-split
systems’’). However, whereas Appendix M
provides some provisions to test variablespeed 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. It makes some difficulties in
applying Appendix M to test variable-speed
coil-only single-split systems.
TCL AC seeks a test procedure waiver to
apply its variable-speed coil-only single-split
systems using the alternative test procedure
proposed by GD Midea Heating & Ventilating
Equipment Co., Ltd. (GD Midea) presenting
in section II of this petition. We hereby also
request a waiver for TCL AC’s variable-speed
coil-only single-split systems. The granting of
waiver is very crucial to us as well. Because
it will allow us to accurately rate, certify, and
provide US consumers with highly efficient
and smart variable-speed coil-only singlesplit systems.
I. TCL air conditioner (zhongshan) CO., Ltd.
TCL air conditioner (zhongshan) Co., Ltd.
is a division of the TCL group founded in
1981. TCL group is one of the world’s leading
manufacturers focusing on MULTI-MEDIA,
CSOT, COMMUNICATION, TONLY
ELECTRONICS and HVAC equipment with
21 manufacturing & processing bases, 80
sales organizations and 10 strategic partners
around the world. TCL AC, one of the leading
air conditioner manufacturers with capability
of producing all kinds of residential air
conditioners, commercial air conditioners,
dehumidifiers and compressors, was
established in 1999. TCL AC has been
ranking the 3rd company of China air
conditioner export since 2014 and providing
true intelligent air conditioners based on
inverter variable speed technology. Through
its R&D division, TCL strives to develop and
manufacture the most energy-efficient CACs
and HPs for residential application,
including high efficiency variable speed
single-split systems.
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II. Background
Variable speed compressor technology has
been proven to be an effective way to
improve both the seasonal energy efficiency
ratio (SEER) and heating seasonal
performance factor (HSPF) for airconditioning products. But most of
residential CACs and HPs installed in the US
market are single or two-stage systems.
Undoubtedly, Inverter variable speed CACs
and HPs shall be a trend for consumer
updates in the next decades. Besides Midea/
Bosch inverter variable-speed single-split
systems, the vast majority variable speed
split systems require a proprietary
communicating method and exclusively
works with a specific blower-coil unit from
the same manufacturer. To provide US
customers a more convenient energy-saving
retrofit application of their single or twostage systems, TCL AC’s variable speed
outdoor condensing units are also designed
as non-communicative control systems.
What’s more, Integrated and safety protection
PCB design makes TCL AC’s variable-speed
single-split systems easy to install and
service with incredible comfort.
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. So it’s
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
minimum, heating intermediate, heating fullload) at which units with variable speed
compressor need to be 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 intermediate for variable-speed coilonly 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.
Fortunately, GD Midea had proposed an
alternative test procedure that provides
additional coverage to Appendix M for
variable-speed coil-only single-split systems
meanwhile preserving the spirit and intent of
the test procedure. Note that GD Midea has
only evaluated and confirmed the suitability
and practicability on its products in which
are listed Section III that have the
characteristics: 1) No communication
between the variable-speed outdoor
condensing unit and the indoor unit; 2)The
air volume rates of indoor units remain
constant at all time. Considering the unique
technical characteristics of these noncommunicative variable speed systems, GD
Midea had proposed the alternative test
procedure to determine the six air volume
rates in Table 8 and Table 14 as follow:
• Cooling full-load air volume rate:
Determined using 3.1.4.1.1.c
• 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 3.1.4.1.1.c
• Cooling minimum air volume rate: Use the
cooling full-load air volume rate as the
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GD Midea Heating & Ventilating Equipment Co., Ltd. (Brand)
56063
cooling minimum 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 3.1.4.1.1.c
• Heating full-load air volume rate:
Determined using 3.1.4.4.1.a
• 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 full-load air
volume rate, if necessary to reset to the
heating full-load air volume rate obtained
in section 3.1.4.4.1.a
• Heating minimum air volume rate:
Determined using 3.1.4.5.1.a
DOE has granted the waiver for GD Midea
from DOE test procedure for basic models
MOVA–36HDN1–M18M and MOVA–
60HDN1–M18M, which contain individual
combinations as below table. Each
combination consists 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. According
to docket number EERE–2017–BT–WAV–
0060, for coil-only combinations with noncommunicative inverter variable speed
condensing units: 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.
Bosch Thermotechnology Corp
(Brand)
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
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
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MC**2430BNTF
MC**3036ANTD
MC**3036BNTD
MC**3036CNTD
MC**4248BNTF
MC**4248CNTF
MC**4248DNTF
MC**4860CNTF
MC**4860DNTF
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BMA*3036ANTD
BMA*3036BNTD
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BMA*4248CNTF
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III. Basic Models for Waiver Application
condensing unit basic models equipping
variable speed compressors, with which
match coil-only indoor units. Using the
TCL AC is requesting a waiver to test its
single-split CACs and HPs outdoor
alternative test procedure proposed by GD
Midea described in section V of this petition.
Specifically, TCL AC waiver request covers
the following basic models.
TABLE 3–1—WAIVER APPLYING BASIC MODELS
TCL air conditioner (zhongshan) Co., Ltd.
(Brand)
Basic model No.
Outdoor unit
Indoor unit
Basic model No.
Outdoor unit
TCE–36HA/DV2O
TCE–36HA/DV2O
TCE–36HA/DV2O
EODA18H–2436
GNC2430APT.
TCE–36HA/DV2O
TCE–36HA/DV2O
TCE–36HA/DV2O
EODA18H–2436
GNC2430BPT.
TCE–36HA/DV2O
TCE–36HA/DV2O
TCE–36HA/DV2O
EODA18H–2436
GNC3036BPT.
TCE–36HA/DV2O
TCE–36HA/DV2O
TCE–36HA/DV2O
EODA18H–2436
EACT2430A.
TCE–36HA/DV2O
TCE–36HA/DV2O
TCE–36HA/DV2O
EODA18H–2436
EACT2430B.
TCE–36HA/DV2O
TCE–36HA/DV2O
TCE–36HA/DV2O
EODA18H–2436
EACT3036A.
TCE–36HA/DV2O
TCE–36HA/DV2O
TCE–36HA/DV2O
EODA18H–2436
EACT3036B.
TCE–36HA/DV2O
TCE–36HA/DV2O
TCE–36HA/DV2O
EODA18H–2436
EACT3036C.
TCE–60HA/DV2O
TCE–60HA/DV2O
TCE–60HA/DV2O
EODA18H–4860
GNC4248CPT.
TCE–60HA/DV2O
TCE–60HA/DV2O
TCE–60HA/DV2O
EODA18H–4860
GNC4860CPT.
TCE–60HA/DV2O
TCE–60HA/DV2O
TCE–60HA/DV2O
EODA18H–4860
GNC4860DPT.
TCE–60HA/DV2O
TCE–60HA/DV2O
TCE–60HA/DV2O
EODA18H–4860
EACT4248B.
TCE–60HA/DV2O
TCE–60HA/DV2O
TCE–60HA/DV2O
EODA18H–4860
EACT4248C.
TCE–60HA/DV2O
TCE–60HA/DV2O
TCE–60HA/DV2O
EODA18H–4860
EACT4248D.
TCE–60HA/DV2O
TCE–60HA/DV2O
TCE–60HA/DV2O
EODA18H–4860
EACT4860C.
TCE–60HA/DV2O
TCE–60HA/DV2O
TCE–2430D6HWA/
DVOE(01)
TCE–2430D6HWA/
DVOE(02)
TCE–3036D6HWA/
DVOE(02)
TCE–2430D6HWA/
DV2I(01)
TCE–2430D6HWA/
DV2I(02)
TCE–3036D6HWA/
DV2I(01)
TCE–3036D6HWA/
DV2I(02)
TCE–3036D6HWA/
DV2I(03)
TCE–4248D6HWA/
DVOE(03)
TCE–4860D6HWA/
DVOE(03)
TCE–4860D6HWA/
DVOE(04)
TCE–4248D6HWA/
DV2I(02)
TCE–4248D6HWA/
DV2I(03)
TCE–4248D6HWA/
DV2I(04)
TCE–4860D6HWA/
DV2I(03)
TCE–4860D6HWA/
DV2I(04)
TCE–60HA/DV2O
EODA18H–4860
EACT4860D.
These systems have the following
characteristics:
1. No communication between the inverter
variable-speed outdoor condensing unit and
the indoor unit
2. Once the systems have been installed,
the air volume rate remains constant at all
time.
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Ecoer Inc.
(Brand)
IV. Backgrounds 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 referring to Appendix M are used to
determine compliance with the provisions of
paragraph (c) of 10 CFR 430.32, energy and
water conservation standards for airconditioners 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,
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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,
4) distributing these products in
commerce.
V. Technical Justification for Alternative Test
Procedure
TCL AC’s variable speed coil-only singlesplit systems that are going to be listed in
Section III of this petition have the similar
technical controls to GD Midea, but have a
significantly difference from conventional
variable speed systems:
• Conventional variable speed single-split
systems are typically communicating
systems. Firstly, the outdoor condensing
units acquire the states of indoor side
through proprietary communication method
to control the whole system. Moreover, the
indoor unit air volume rates vary according
to not only return air temperature and setting
temperature of indoor side but also the
condensing units’ states on some conditions.
TCL AC has noticed that the following
manufacturers of single-split residential
CACs and HPs offer systems by
communication control: Carrier Corporation,
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Sfmt 4703
Indoor unit
Daikin Industries, Lennox International Inc.,
Nortek Global HVAC, Rheem Sales Company,
Trane and York by Johnson Controls.
• TCL AC’s variable-speed single-split
systems differ from the conventional one
descripted above. No communication is
required between indoor unit and outdoor
condensing unit, and the indoor air volume
rates never vary based on outdoor
condensing units’ state. The outdoor
condensing unit automatically adjusts
compressor speeds and fan rotation speeds in
response to the different building loads. This
is similar to Midea/Bosch noncommunicative variable-speed single-split
systems in the current US market.
VI. Petition for Waiver
Pursuant to 10 CFR 430.27, TCL AC is
requesting an waiver to test TCL AC’s
variable coil-only systems. Waiver granting is
important to ensure that TCL AC can
1) establish ratings in compliance with
federal law,
2) determine compliance with DOE’s
minimum efficiency standards present in 10
CFR 430.32,
3) comply with DOE’s certification
requirements set forth in 10 CFR 429,
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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]
khammond on DSK30JT082PROD with NOTICES
BILLING CODE 6450–01–P
VerDate Sep<11>2014
17:36 Nov 08, 2018
Jkt 247001
[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:
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
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.
E:\FR\FM\09NON1.SGM
09NON1
]]>Agencies
[Federal Register Volume 83, Number 218 (Friday, November 9, 2018)]
[Notices]
[Pages 56058-56065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24548]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
[Case No. 2018-009; EERE-2018-BT-WAV-0013]
Notice of Petition for Waiver of TCL Air Conditioner (zhongshan)
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 TCL air conditioner (zhongshan) Co., Ltd. (``TCL AC''),
which seeks 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''). TCL AC seeks to use an alternate
test procedure to address issues involved in testing certain basic
models identified in its petition. According to TCL AC, the DOE test
procedure does not include a method for testing specified CAC and 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''). TCL AC 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 TCL AC 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 Interim Waiver Order. DOE
solicits comments, data, and information concerning TCL AC's petition
and the alternate test procedure.
DATES: DOE will accept comments, data, and information with respect to
the TCL AC petition until December 10, 2018.
ADDRESSES: Interested persons are encouraged to submit comments using
[[Page 56059]]
the Federal eRulemaking Portal at https://www.regulations.gov. Follow
the instructions for submitting comments. Alternatively, interested
persons may submit comments, identified by case number ``2018-009'' and
Docket number ``EERE-2018-BT-WAV-0013,'' by any of the following
methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Email: [email protected]. Include the case number
[Case No. 2018-009] in the subject line of the message.
Postal Mail: Appliance and Equipment Standards Program,
U.S. Department of Energy, Building Technologies Office, Mailstop EE-
5B, Petition for Waiver Case No. 2018-009, 1000 Independence Avenue SW,
Washington, DC 20585-0121. If possible, please submit all items on a
compact disc (``CD''), in which case it is not necessary to include
printed copies.
Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202)
287-1445. If possible, please submit all items on a CD, in which case
it is not necessary to include printed copies.
No telefacsimilies (faxes) will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section V of this document.
Docket: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at https://www.regulations.gov. All documents in the docket are
listed in the https://www.regulations.gov index. However, some documents
listed in the index, such as those containing information that is
exempt from public disclosure, may not be publicly available.
The docket web page can be found at https://www.regulations.gov/docket?D=EERE-2018-BT-WAV-0013. The docket web page contains
instruction on how to access all documents, including public comments,
in the docket. See section V for information on how to submit comments
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of
Energy, Building Technologies Program, Mail Stop EE-5B, Forrestal
Building, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Email: [email protected].
Mr. Pete Cochran, U.S. Department of Energy, Office of the General
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue
SW, Washington, DC 20585-0103. Telephone: (202) 586-9496. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Authority
Title III, Part B \1\ of the Energy Policy and Conservation Act of
1975 (EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified) \2\
established the Energy Conservation Program for Consumer Products Other
Than Automobiles, which includes CACs and HPs. (42 U.S.C. 6292(a)(3))
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 CACs and HPs is contained in the Code of Federal
Regulations (``CFR'') at 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).
---------------------------------------------------------------------------
Under 10 CFR 430.27, any interested person may submit a petition
for waiver from DOE's test procedure requirements. DOE will grant a
waiver from the test procedure requirements if DOE determines either
that the basic model for which the waiver was requested contains a
design characteristic that prevents testing of the basic model
according to the prescribed test procedures, or that the prescribed
test procedures evaluate the basic model in a manner so
unrepresentative of its true energy consumption characteristics as to
provide materially inaccurate comparative data. 10 CFR 430.27(f)(2). A
petitioner must include in its petition any alternate test procedures
known to 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. 10 CFR 430.27(l). As soon thereafter as practicable, DOE will
publish in the Federal Register a final rule. Id.
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. TCL AC's Petition for Waiver of Test Procedure and Application for
Interim Waiver
On July 10, 2018, TCL AC 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 TCL AC, 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 the variable-speed coil-only single-split systems specified in
its petition. Consequently, TCL AC asserted that it cannot test or rate
these systems in accordance with the DOE test procedure. TCL AC 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.
TCL AC 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.
[[Page 56060]]
TCL AC also requests an interim waiver from the existing DOE test
procedure. DOE will grant an interim waiver if it appears likely that
the petition for waiver will be granted, and/or if DOE determines that
it would be desirable for public policy reasons to grant immediate
relief pending a determination of the petition for waiver. 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 TCL AC'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 TCL AC in a subsequent Decision and Order.
DOE recently granted to GD Midea Heating & Ventilating Equipment
Co., Ltd. (``GD Midea'') an interim waiver from the DOE CAC and HP test
procedure for specific basic models, subject to use of an alternate
test procedure. 83 FR 24767. In TCL AC's petition, TCL AC requests that
it be allowed to use the same alternate test procedure as that granted
to GD Midea. Specifically, TCL AC 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 TCL AC's application for interim waiver, the
alternate procedure requested by TCL AC, and public-facing materials
(e.g., marketing materials, product specification sheets, and
installation manuals) for the units identified in its petition. The
basic models specified in TCL AC's application appear to contain
similar technology and barriers to testing as those specified in the GD
Midea interim waiver order. The public-facing materials that DOE
reviewed support TCL AC'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. 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
because there is no variability in indoor fan speed. Based on this
review, the alternate test procedure appears to allow for the accurate
measurement of efficiency of the specified basic models, while
alleviating the testing problems associated with TCL AC's
implementation of CAC and HP testing for the basic models specified in
TCL AC's petition. Consequently, TCL AC's petition for waiver will
likely be granted. Furthermore, DOE has determined that it is desirable
for public policy reasons to grant TCL AC immediate relief pending a
determination on the petition for waiver.
For the reasons stated above, DOE has granted an interim waiver to
TCL AC for the specified CAC and HP basic models in TCL AC's petition.
Therefore, DOE has issued an order, stating:
(1) TCL AC must test and rate the TCL air conditioner (zhongshan)
Co., Ltd. brand and Ecoer Inc. brand single-split CAC and HP basic
models TCE-36HA/DV20 and TCE-60HA/DV20, which are comprised of the
individual combinations listed below,\3\ using the alternate test
procedure set forth in paragraph (2):
---------------------------------------------------------------------------
\3\ The specified basic models contain individual combinations,
which do not specify a particular air mover, and that each consist
of an outdoor unit that (1) uses a variable speed compressor matched
with a coil-only indoor unit, and (2) 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 such that the
indoor blower unit maintains a constant indoor blower fan speed.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Brand Basic model No. Outdoor unit Indoor unit
--------------------------------------------------------------------------------------------------------------------------------------------------------
TCL air conditioner (zhongshan) Co., Ltd................... TCE-36HA/DV20 TCE-36HA/DTCE-2430D6HWA/DVOE(01)
TCL air conditioner (zhongshan) Co., Ltd................... TCE-36HA/DV20 TCE-36HA/DTCE-2430D6HWA/DVOE(02)
TCL air conditioner (zhongshan) Co., Ltd................... TCE-36HA/DV20 TCE-36HA/DTCE-3036D6HWA/DVOE(02)
TCL air conditioner (zhongshan) Co., Ltd................... TCE-36HA/DV20 TCE-36HA/DTCE-2430D6HWA/DV2I(01)
TCL air conditioner (zhongshan) Co., Ltd................... TCE-36HA/DV20 TCE-36HA/DTCE-2430D6HWA/DV2I(02)
TCL air conditioner (zhongshan) Co., Ltd................... TCE-36HA/DV20 TCE-36HA/DTCE-3036D6HWA/DV2I(01)
TCL air conditioner (zhongshan) Co., Ltd................... TCE-36HA/DV20 TCE-36HA/DTCE-3036D6HWA/DV2I(02)
TCL air conditioner (zhongshan) Co., Ltd................... TCE-36HA/DV20 TCE-36HA/DTCE-3036D6HWA/DV2I(03)
TCL air conditioner (zhongshan) Co., Ltd................... TCE-60HA/DV20 TCE-60HA/DTCE-4248D6HWA/DVOE(03)
TCL air conditioner (zhongshan) Co., Ltd................... TCE-60HA/DV20 TCE-60HA/DTCE-4860D6HWA/DVOE(03)
TCL air conditioner (zhongshan) Co., Ltd................... TCE-60HA/DV20 TCE-60HA/DTCE-4860D6HWA/DVOE(04)
TCL air conditioner (zhongshan) Co., Ltd................... TCE-60HA/DV20 TCE-60HA/DTCE-4248D6HWA/DV2I(02)
TCL air conditioner (zhongshan) Co., Ltd................... TCE-60HA/DV20 TCE-60HA/DTCE-4248D6HWA/DV2I(03)
TCL air conditioner (zhongshan) Co., Ltd................... TCE-60HA/DV20 TCE-60HA/DTCE-4248D6HWA/DV2I(04)
TCL air conditioner (zhongshan) Co., Ltd................... TCE-60HA/DV20 TCE-60HA/DTCE-4860D6HWA/DV2I(03)
TCL air conditioner (zhongshan) Co., Ltd................... TCE-60HA/DV20 TCE-60HA/DTCE-4860D6HWA/DV2I(04)
Ecoer Inc.................................................. TCE-36HA/DV20 EODA18H-2436 GNC2430APT
Ecoer Inc.................................................. TCE-36HA/DV20 EODA18H-2436 GNC2430BPT
Ecoer Inc.................................................. TCE-36HA/DV20 EODA18H-2436 GNC3036BPT
[[Page 56061]]
Ecoer Inc.................................................. TCE-36HA/DV20 EODA18H-2436 EACT2430A
Ecoer Inc.................................................. TCE-36HA/DV20 EODA18H-2436 EACT2430B
Ecoer Inc.................................................. TCE-36HA/DV20 EODA18H-2436 EACT3036A
Ecoer Inc.................................................. TCE-36HA/DV20 EODA18H-2436 EACT3036B
Ecoer Inc.................................................. TCE-36HA/DV20 EODA18H-2436 EACT3036C
Ecoer Inc.................................................. TCE-60HA/DV20 EODA18H-4860 GNC4248CPT
Ecoer Inc.................................................. TCE-60HA/DV20 EODA18H-4860 GNC4860CPT
Ecoer Inc.................................................. TCE-60HA/DV20 EODA18H-4860 GNC4860DPT
Ecoer Inc.................................................. TCE-60HA/DV20 EODA18H-4860 EACT4248B
Ecoer Inc.................................................. TCE-60HA/DV20 EODA18H-4860 EACT4248C
Ecoer Inc.................................................. TCE-60HA/DV20 EODA18H-4860 EACT4248D
Ecoer Inc.................................................. TCE-60HA/DV20 EODA18H-4860 EACT4860C
Ecoer Inc.................................................. TCE-60HA/DV20 EODA18H-4860 EACT4860D
--------------------------------------------------------------------------------------------------------------------------------------------------------
(2) The alternate test procedure for the TCL AC 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: 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. TCL AC is permitted to make representations
about the efficiency of basic models identified in 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.
(5) If TCL AC makes any modifications to the controls or
configurations of these basic models, the interim waiver would no
longer be valid and TCL AC 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 interim 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. 10 CFR 430.27(k)(1). Likewise, TCL AC may request that
DOE rescind or modify the interim waiver if TCL AC discovers an error
in the information provided to DOE as part of its petition, determines
that the interim waiver is no longer needed, or for other appropriate
reasons. 10 CFR 430.27(k)(2).
(6) Granting of this interim waiver does not release TCL AC 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. TCL AC 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, TCL AC 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 TCL AC'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 TCL AC's specified
CAC and HP basic models. DOE may consider including the alternate
procedure specified in the Interim Waiver Order in a subsequent
Decision and Order.
DOE invites all interested parties to submit in writing by December
10, 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 Kevin Zheng, Certification Engineer, TCL Air Conditioner
(zhongshan) Co., Ltd., No. 59. Nantou Road West, Nantou, Zhongshan,
Guangdong, P.R. China, [email protected].
Submitting comments via https://www.regulations.gov. The https://www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents
[[Page 56062]]
attached to your comment. Any information that you do not want to be
publicly viewable should not be included in your comment, nor in any
document attached to your comment. Persons viewing comments will see
only first and last names, organization names, correspondence
containing comments, and any documents submitted with the comments.
Do not submit to https://www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (CBI)). Comments submitted through
https://www.regulations.gov cannot be claimed as CBI. Comments received
through the website will waive any CBI claims for the information
submitted. For information on submitting CBI, see the Confidential
Business Information section.
DOE processes submissions made through https://www.regulations.gov
before posting. Normally, comments will be posted within a few days of
being submitted. However, if large volumes of comments are being
processed simultaneously, your comment may not be viewable for up to
several weeks. Please keep the comment tracking number that https://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email, hand delivery, or mail. Comments and
documents submitted via email, hand delivery, or mail also will be
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Signed in Washington, DC, on November 1, 2018.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
TCL air conditioner (zhongshan) Co., Ltd.
No. 59. Nantou Road West, Nantou, Zhongshan, Guangdong, P.R. China
July 19, 2018
Lucy deButts
U.S. Department of Energy
Building Technologies Program, Mail Stop EE-5B
1000 Independence Avenue. SW
Washington DC 20585-0121
Submitted via email to the following address:
[email protected]
Waiver Petition for TCL AC's variable speed coil-only single-split
systems.
Dear Ms. Lucy Debutts:
Pursuant to 10 CFR 430.27, TCL air conditioner (zhongshan) Co.,
Ltd. (hereinafter abbreviated as ``TCL AC'') respectfully submits
this waiver petition on its non-communicative variable speed systems
with coil-only configuration listed in Table 3-1. The scope of the
test procedure for central air conditioners (CACs) and heat pumps
(HPs) found in Appendix M to Subpart B of 10 CFR part 430
(hereinafter referred to as ``Appendix M'') includes single-split
air-conditioners and heat pumps that are coil-only systems with 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. It makes some difficulties in applying Appendix M to test
variable-speed coil-only single-split systems.
TCL AC seeks a test procedure waiver to apply its variable-speed
coil-only single-split systems using the alternative test procedure
proposed by GD Midea Heating & Ventilating Equipment Co., Ltd. (GD
Midea) presenting in section II of this petition. We hereby also
request a waiver for TCL AC's variable-speed coil-only single-split
systems. The granting of waiver is very crucial to us as well.
Because it will allow us to accurately rate, certify, and provide US
consumers with highly efficient and smart variable-speed coil-only
single-split systems.
I. TCL air conditioner (zhongshan) CO., Ltd.
TCL air conditioner (zhongshan) Co., Ltd. is a division of the
TCL group founded in 1981. TCL group is one of the world's leading
manufacturers focusing on MULTI-MEDIA, CSOT, COMMUNICATION, TONLY
ELECTRONICS and HVAC equipment with 21 manufacturing & processing
bases, 80 sales organizations and 10 strategic partners around the
world. TCL AC, one of the leading air conditioner manufacturers with
capability of producing all kinds of residential air conditioners,
commercial air conditioners, dehumidifiers and compressors, was
established in 1999. TCL AC has been ranking the 3rd company of
China air conditioner export since 2014 and providing true
intelligent air conditioners based on inverter variable speed
technology. Through its R&D division, TCL strives to develop and
manufacture the most energy-efficient CACs and HPs for residential
application, including high efficiency variable speed single-split
systems.
[[Page 56063]]
II. Background
Variable speed compressor technology has been proven to be an
effective way to improve both the seasonal energy efficiency ratio
(SEER) and heating seasonal performance factor (HSPF) for air-
conditioning products. But most of residential CACs and HPs
installed in the US market are single or two-stage systems.
Undoubtedly, Inverter variable speed CACs and HPs shall be a trend
for consumer updates in the next decades. Besides Midea/Bosch
inverter variable-speed single-split systems, the vast majority
variable speed split systems require a proprietary communicating
method and exclusively works with a specific blower-coil unit from
the same manufacturer. To provide US customers a more convenient
energy-saving retrofit application of their single or two-stage
systems, TCL AC's variable speed outdoor condensing units are also
designed as non-communicative control systems. What's more,
Integrated and safety protection PCB design makes TCL AC's variable-
speed single-split systems easy to install and service with
incredible comfort.
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. So it's 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 minimum,
heating intermediate, heating full-load) at which units with
variable speed compressor need to be 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 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.
Fortunately, GD Midea had proposed an alternative test procedure
that provides additional coverage to Appendix M for variable-speed
coil-only single-split systems meanwhile preserving the spirit and
intent of the test procedure. Note that GD Midea has only evaluated
and confirmed the suitability and practicability on its products in
which are listed Section III that have the characteristics: 1) No
communication between the variable-speed outdoor condensing unit and
the indoor unit; 2)The air volume rates of indoor units remain
constant at all time. Considering the unique technical
characteristics of these non-communicative variable speed systems,
GD Midea had proposed the alternative test procedure to determine
the six air volume rates in Table 8 and Table 14 as follow:
Cooling full-load air volume rate: Determined using
3.1.4.1.1.c
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 3.1.4.1.1.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 full-
load air volume rate, if necessary to reset to the cooling full-load
air volume rate obtained in section 3.1.4.1.1.c
Heating full-load air volume rate: Determined using
3.1.4.4.1.a
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 full-load air volume rate, if necessary to reset to the
heating full-load air volume rate obtained in section 3.1.4.4.1.a
Heating minimum air volume rate: Determined using
3.1.4.5.1.a
DOE has granted the waiver for GD Midea from DOE test procedure
for basic models MOVA-36HDN1-M18M and MOVA-60HDN1-M18M, which
contain individual combinations as below table. Each combination
consists 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.
According to docket number EERE-2017-BT-WAV-0060, for coil-only
combinations with non-communicative inverter variable speed
condensing units: 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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 56064]]
III. Basic Models for Waiver Application
TCL AC is requesting a waiver to test its single-split CACs and
HPs outdoor condensing unit basic models equipping variable speed
compressors, with which match coil-only indoor units. Using the
alternative test procedure proposed by GD Midea described in section
V of this petition.
Specifically, TCL AC waiver request covers the following basic
models.
Table 3-1--Waiver Applying Basic Models
--------------------------------------------------------------------------------------------------------------------------------------------------------
TCL air conditioner (zhongshan) Co., Ltd. (Brand) Ecoer Inc. (Brand)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Basic model No. Outdoor unit Indoor unit Basic model No. Outdoor unit Indoor unit
--------------------------------------------------------------------------------------------------------------------------------------------------------
TCE-36HA/DV2O TCE-36HA/DV2O TCE-2430D6HWA/DVOE(01) TCE-36HA/DV2O EODA18H-2436 GNC2430APT
TCE-36HA/DV2O TCE-36HA/DV2O TCE-2430D6HWA/DVOE(02) TCE-36HA/DV2O EODA18H-2436 GNC2430BPT
TCE-36HA/DV2O TCE-36HA/DV2O TCE-3036D6HWA/DVOE(02) TCE-36HA/DV2O EODA18H-2436 GNC3036BPT
TCE-36HA/DV2O TCE-36HA/DV2O TCE-2430D6HWA/DV2I(01) TCE-36HA/DV2O EODA18H-2436 EACT2430A
TCE-36HA/DV2O TCE-36HA/DV2O TCE-2430D6HWA/DV2I(02) TCE-36HA/DV2O EODA18H-2436 EACT2430B
TCE-36HA/DV2O TCE-36HA/DV2O TCE-3036D6HWA/DV2I(01) TCE-36HA/DV2O EODA18H-2436 EACT3036A
TCE-36HA/DV2O TCE-36HA/DV2O TCE-3036D6HWA/DV2I(02) TCE-36HA/DV2O EODA18H-2436 EACT3036B
TCE-36HA/DV2O TCE-36HA/DV2O TCE-3036D6HWA/DV2I(03) TCE-36HA/DV2O EODA18H-2436 EACT3036C
TCE-60HA/DV2O TCE-60HA/DV2O TCE-4248D6HWA/DVOE(03) TCE-60HA/DV2O EODA18H-4860 GNC4248CPT
TCE-60HA/DV2O TCE-60HA/DV2O TCE-4860D6HWA/DVOE(03) TCE-60HA/DV2O EODA18H-4860 GNC4860CPT
TCE-60HA/DV2O TCE-60HA/DV2O TCE-4860D6HWA/DVOE(04) TCE-60HA/DV2O EODA18H-4860 GNC4860DPT
TCE-60HA/DV2O TCE-60HA/DV2O TCE-4248D6HWA/DV2I(02) TCE-60HA/DV2O EODA18H-4860 EACT4248B
TCE-60HA/DV2O TCE-60HA/DV2O TCE-4248D6HWA/DV2I(03) TCE-60HA/DV2O EODA18H-4860 EACT4248C
TCE-60HA/DV2O TCE-60HA/DV2O TCE-4248D6HWA/DV2I(04) TCE-60HA/DV2O EODA18H-4860 EACT4248D
TCE-60HA/DV2O TCE-60HA/DV2O TCE-4860D6HWA/DV2I(03) TCE-60HA/DV2O EODA18H-4860 EACT4860C
TCE-60HA/DV2O TCE-60HA/DV2O TCE-4860D6HWA/DV2I(04) TCE-60HA/DV2O EODA18H-4860 EACT4860D
--------------------------------------------------------------------------------------------------------------------------------------------------------
These systems have the following characteristics:
1. No communication between the inverter variable-speed outdoor
condensing unit and the indoor unit
2. Once the systems have been installed, the air volume rate
remains constant at all time.
IV. Backgrounds 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 referring to Appendix M are 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,
4) distributing these products in commerce.
V. Technical Justification for Alternative Test Procedure
TCL AC's variable speed coil-only single-split systems that are
going to be listed in Section III of this petition have the similar
technical controls to GD Midea, but have a significantly difference
from conventional variable speed systems:
Conventional variable speed single-split systems are
typically communicating systems. Firstly, the outdoor condensing
units acquire the states of indoor side through proprietary
communication method to control the whole system. Moreover, the
indoor unit air volume rates vary according to not only return air
temperature and setting temperature of indoor side but also the
condensing units' states on some conditions. TCL AC has noticed that
the following manufacturers of single-split residential CACs and HPs
offer systems by communication control: Carrier Corporation, Daikin
Industries, Lennox International Inc., Nortek Global HVAC, Rheem
Sales Company, Trane and York by Johnson Controls.
TCL AC's variable-speed single-split systems differ
from the conventional one descripted above. No communication is
required between indoor unit and outdoor condensing unit, and the
indoor air volume rates never vary based on outdoor condensing
units' state. The outdoor condensing unit automatically adjusts
compressor speeds and fan rotation speeds in response to the
different building loads. This is similar to Midea/Bosch non-
communicative variable-speed single-split systems in the current US
market.
VI. Petition for Waiver
Pursuant to 10 CFR 430.27, TCL AC is requesting an waiver to
test TCL AC's variable coil-only systems. Waiver granting is
important to ensure that TCL AC can
1) establish ratings in compliance with federal law,
2) determine compliance with DOE's minimum efficiency standards
present in 10 CFR 430.32,
3) comply with DOE's certification requirements set forth in 10
CFR 429,
[[Page 56065]]
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.
VII. Arguments for Granting Waiver
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 variable-speed 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 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.
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 [email protected]. We greatly
appreciate your attention to this matter.
Sincerely,
Kevin Zheng,
Certification Engineer.
[email protected].
[FR Doc. 2018-24548 Filed 11-8-18; 8:45 am]
BILLING CODE 6450-01-P
