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]

Download as PDF 56058 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: http:// 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/ khammond on DSK30JT082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:36 Nov 08, 2018 Jkt 247001 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. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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: E:\FR\FM\09NON1.SGM 09NON1 khammond on DSK30JT082PROD with NOTICES Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices the Federal eRulemaking Portal at http://www.regulations.gov. Follow the instructions for submitting comments. Alternatively, interested persons may submit comments, identified by case number ‘‘2018–009’’ and Docket number ‘‘EERE–2018–BT–WAV–0013,’’ by any of the following methods: • Federal eRulemaking Portal: http:// 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 http://www.regulations.gov. All documents in the docket are listed in the http://www.regulations.gov index. However, some documents listed in the index, such as those containing information that is exempt from public disclosure, may not be publicly available. The docket web page can be found at http://www.regulations.gov/ docket?D=EERE-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 http:// 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: VerDate Sep<11>2014 17:36 Nov 08, 2018 Jkt 247001 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). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 56059 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. E:\FR\FM\09NON1.SGM 09NON1 56060 Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices 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 khammond on DSK30JT082PROD with NOTICES 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 VerDate Sep<11>2014 18:46 Nov 08, 2018 Jkt 247001 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 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 indoor blower unit maintains a constant indoor blower fan speed. E:\FR\FM\09NON1.SGM 09NON1 56061 Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices Brand khammond on DSK30JT082PROD with NOTICES 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 VerDate Sep<11>2014 18:46 Nov 08, 2018 Jkt 247001 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 http:// www.regulations.gov. The http:// www.regulations.gov web page will require you to provide your name and contact information. Your contact information will be viewable to DOE Building Technologies staff only. Your contact information will not be publicly viewable except for your first and last names, organization name (if any), and submitter representative name (if any). If your comment is not processed properly because of technical difficulties, DOE will use this information to contact you. If DOE cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment. However, your contact information will be publicly viewable if you include it in the comment or in any documents E:\FR\FM\09NON1.SGM 09NON1 khammond on DSK30JT082PROD with NOTICES 56062 Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices attached to your comment. Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment. Persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments. Do not submit to http:// www.regulations.gov information for which disclosure is restricted by statute, such as trade secrets and commercial or financial information (hereinafter referred to as Confidential Business Information (CBI)). Comments submitted through http:// www.regulations.gov cannot be claimed as CBI. Comments received through the website will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section. DOE processes submissions made through http://www.regulations.gov before posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that http:// www.regulations.gov provides after you have successfully uploaded your comment. Submitting comments via email, hand delivery, or mail. Comments and documents submitted via email, hand delivery, or mail also will be posted to http://www.regulations.gov. If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information on a cover letter. Include your first and last names, email address, telephone number, and optional mailing address. The cover letter will not be publicly viewable as long as it does not include any comments. Include contact information each time you submit comments, data, documents, and other information to DOE. If you submit via mail or hand delivery, please provide all items on a CD, if feasible. It is not necessary to submit printed 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 VerDate Sep<11>2014 17:36 Nov 08, 2018 Jkt 247001 any defects or viruses. Documents should not contain special characters or any form of encryption and, if possible, they should carry the electronic signature of the author. Campaign form letters. Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters’ names compiled into one or more PDFs. This reduces comment processing and posting time. Confidential Business Information. According to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit via email, postal mail, or hand delivery two well-marked copies: One copy of the document marked confidential including all the information believed to be confidential, and one copy of the document marked ‘‘non-confidential’’ with the information believed to be confidential deleted. Submit these documents via email or on a CD, if feasible. DOE will make its own determination about the confidential status of the information and treat it according to its determination. Factors of interest to DOE when evaluating requests to treat submitted information as confidential include (1) a description of the items, (2) whether and why such items are customarily treated as confidential within the industry, (3) whether the information is generally known by or available from other sources, (4) whether the information has previously been made available to others without obligation concerning its confidentiality, (5) an explanation of the competitive injury to the submitting person which would result from public disclosure, (6) when such information might lose its confidential character due to the passage of time, and (7) why disclosure of the information would be contrary to the public interest. It is DOE’s policy that all comments may be included in the public docket, without change and as received, including any personal information provided in the comments (except information deemed to be exempt from public disclosure). Signed in Washington, DC, on 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 Frm 00017 Fmt 4703 Sfmt 4703 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. E:\FR\FM\09NON1.SGM 09NON1 Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices 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 khammond on DSK30JT082PROD with NOTICES 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 VerDate Sep<11>2014 17:36 Nov 08, 2018 Jkt 247001 PO 00000 MC**2430BNTF MC**3036ANTD MC**3036BNTD MC**3036CNTD MC**4248BNTF MC**4248CNTF MC**4248DNTF MC**4860CNTF MC**4860DNTF Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\09NON1.SGM 09NON1 BMA*2430BNTD BMA*3036ANTD BMA*3036BNTD BMA*3036CNTD BMA*4248BNTF BMA*4248CNTF BMA*4248DNTF BMA*4860CNTF BMA*4860DNTF 56064 Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices 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. khammond on DSK30JT082PROD with NOTICES 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, VerDate Sep<11>2014 18:48 Nov 08, 2018 Jkt 247001 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, PO 00000 Frm 00019 Fmt 4703 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, E:\FR\FM\09NON1.SGM 09NON1 Federal Register / Vol. 83, No. 218 / Friday, November 9, 2018 / Notices 4) distribute its products in commerce and provide US customers with systems that offer ease of use and installation, as well as significant energy-efficiency savings. DEPARTMENT OF ENERGY VII. Arguments for Granting Waiver Energy Conservation Program: Decision and Order Granting a Waiver to GD Midea Heating & Ventilating Equipment Co., Ltd. From the Department of Energy Central Air Conditioners and Heat Pumps Test Procedure Test Procedure TCL AC believes there are strong arguments for granting its petition: • From a procedural stand-point, TCL AC has identified a void in the current test procedure. • DOE has granted GD Midea’s alternative test procedure that is technically sound, proven, easily justifiable, aligned with the spirit and intent of the existing Appendix M test procedure. • From a competitive stand-point, the current void in the test procedure puts TCL AC and any other manufacturers whose products may be similar, at a significant competitive disadvantage. • From a public policy stand-point, the current void in the test procedure prevents TCL AC’s distribution in commerce of products that offer US costumers with systems that are easy to install and use, and which provide significant energy-efficiency savings. VIII. Conclusion TCL AC is the second manufacturer to develop the non-communicative variablespeed outdoor condensing unit. As mentioned above, the main issue both GD Midea and TCL AC encountered when trying to rate the variable-speed coil-only singlesplit systems to appendix M is the absence of specific provisions for cooling intermediate air volume rate, cooling minimum air volume rate and heating intermediate air volume rate. For the reasons stated above, TCL AC respectfully requests that DOE grants this petition for waiver to test its variable-speed coil-only single-split systems using Appendix M to Subpart B of 10 CFR part 430 with the supplemental instructions provided by GD Midea in section II of this petition. Should you have any questions or would like to discuss this request, please contact me at kt_zhengkai@tcl.com. We greatly appreciate your attention to this matter. Sincerely, Kevin Zheng, Certification Engineer. kt_zhengkai@tcl.com. [FR Doc. 2018–24548 Filed 11–8–18; 8:45 am] 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]


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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.

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

FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of 
Energy, Building Technologies Program, Mail Stop EE-5B, Forrestal 
Building, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Email: [email protected].
    Mr. Pete Cochran, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue 
SW, Washington, DC 20585-0103. Telephone: (202) 586-9496. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Authority

    Title III, Part B \1\ of the Energy Policy and Conservation Act of 
1975 (EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified) \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 http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents

[[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 http://www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (CBI)). Comments submitted through 
http://www.regulations.gov cannot be claimed as CBI. Comments received 
through the website will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through http://www.regulations.gov 
before posting. Normally, comments will be posted within a few days of 
being submitted. However, if large volumes of comments are being 
processed simultaneously, your comment may not be viewable for up to 
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to http://www.regulations.gov. If you do not want your personal 
contact information to be publicly viewable, do not include it in your 
comment or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed copies. No facsimiles (faxes) will be 
accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery two well-marked copies: One copy 
of the document marked confidential including all the information 
believed to be confidential, and one copy of the document marked ``non-
confidential'' with the information believed to be confidential 
deleted. Submit these documents via email or on a CD, if feasible. DOE 
will make its own determination about the confidential status of the 
information and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include (1) a description of the 
items, (2) whether and why such items are customarily treated as 
confidential within the industry, (3) whether the information is 
generally known by or available from other sources, (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality, (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure, (6) when such information might lose its 
confidential character due to the passage of time, and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

    Signed in Washington, DC, on 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
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[[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