Energy Conservation Program: Petition for Waiver of LG Electronics USA, Inc. From the Department of Energy Portable Air Conditioner Test Procedure and Notice of Grant of Interim Waiver, 39274-39286 [2019-17083]

Download as PDF 39274 Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Notices VII. Other Information Accessible Format: Individuals with disabilities can obtain this document and a copy of the application package in an accessible format (e.g., Braille, large print, audiotape, or compact disc) by contacting the Management Support Services Team, U.S. Department of Education, 400 Maryland Avenue SW, Room 5081A, Potomac Center Plaza, Washington, DC 20202–5076. Telephone: (202) 245–7363. If you use a TDD or a TTY, call the FRS, toll free, at 1–800–877–8339. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. Johnny W. Collett, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. 2019–17041 Filed 8–8–19; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY Advanced Scientific Computing Advisory Committee Office of Science, Department of Energy. ACTION: Notice of open meeting. AGENCY: This notice announces a meeting of the Advanced Scientific Computing Advisory Committee (ASCAC). The Federal Advisory Committee Act requires that public notice of these meetings be announced in the Federal Register. DATES: Monday, September 23, 2019, 8:30 a.m. to 5:00 p.m., Tuesday, September 24, 2018, 9:00 a.m. to 12:00 noon. ADDRESSES: Holiday Inn WashingtonCapitol, 550 C Street SW, Washington, DC 20024. FOR FURTHER INFORMATION CONTACT: Christine Chalk, Office of Advanced khammond on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:34 Aug 08, 2019 Jkt 247001 Scientific Computing Research; SC–21/ Germantown Building; U.S. Department of Energy; 1000 Independence Avenue SW; Washington, DC 20585; Telephone (301) 903–7486; Email: christine.chalk@ science.doe.gov SUPPLEMENTARY INFORMATION: Purpose of the Committee: The purpose of the committee is to provide advice and guidance on a continuing basis to the Office of Science and to the Department of Energy on scientific priorities within the field of advanced scientific computing research. Purpose of the Meeting: This meeting is the semi-annual meeting of the Committee. Tentative Agenda Topics: • View from Washington • View from Germantown • Update on Exascale project activities • Report from Subcommittee on 40 years of investments by the Department of Energy in advanced computing and networking • Update from Exascale Transition Subcommittee • In-Situ Data Management Workshop report • Update on Mathematical Multifaceted Integrated Capability Centers (MMICCs) • Technical presentations • Public Comment (10-minute rule) The meeting agenda includes an update on the budget, accomplishments and planned activities of the Advanced Scientific Computing Research program and the exascale computing project; an update from the Office of Science; technical presentations from funded researchers; updates from subcommittees and there will be an opportunity for comments from the public. The meeting will conclude at 12:00 noon on September 24, 2019. Agenda updates and presentations will be posted on the ASCAC website prior to the meeting: https://science.osti.gov/ ascr/ascac. Public Participation: The meeting is open to the public. Individuals and representatives of organizations who would like to offer comments and suggestions may do so during the meeting. Approximately 30 minutes will be reserved for public comments. Time allotted per speaker will depend on the number who wish to speak but will not exceed 10 minutes. The Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Those wishing to speak should submit your request at least five days before the meeting. Those not able to attend the meeting, or who have insufficient time to address the PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 committee, are invited to send a written statement to Christine Chalk, U.S. Department of Energy, 1000 Independence Avenue SW, Washington DC 20585, email to: Christine.Chalk@ science.doe.gov. Minutes: The minutes of this meeting will be available within 90 days on the Advanced Scientific Computing website at: https://science.osti.gov/ascr/ascac. Signed in Washington, DC, on August 6, 2019. LaTanya R. Butler, Deputy Committee Management Officer. [FR Doc. 2019–17101 Filed 8–8–19; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY [Case Number 2018–004; EERE–2018–BT– WAV–0007] Energy Conservation Program: Petition for Waiver of LG Electronics USA, Inc. From the Department of Energy Portable Air Conditioner 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 document announces receipt of and publishes a petition for waiver from LG Electronics USA, Inc. (‘‘LG’’), which seeks an exemption from the U.S. Department of Energy (‘‘DOE’’) test procedure used for determining the efficiency of specified portable air conditioner basic models. LG seeks to use an alternate test procedure to address issues involved in testing the basic models identified in its petition. According to LG, the current DOE test procedure for single-duct portable air conditioners does not take into account the benefits of portable air conditioners that use variable-speed compressors (‘‘variable-speed portable air conditioners’’), due to their part-load performance characteristics, and misrepresents their actual energy consumption. LG requests use of an alternate test procedure, under which the test unit’s final combined energy efficiency ratio (‘‘CEER’’) metric would be calculated by multiplying the unit’s measured CEER value (as measured according to the existing procedure for a single-duct portable air conditioner) by a ‘‘performance adjustment factor.’’ The performance adjustment factor would reflect the performance improvement associated with avoiding SUMMARY: E:\FR\FM\09AUN1.SGM 09AUN1 Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Notices cycling losses as a result of implementing a variable-speed compressor, when tested under the two rating conditions currently used for testing dual-duct portable air conditioners. DOE grants LG an interim waiver from DOE’s portable air conditioner test procedure for the basic models listed in the interim waiver, subject to use of the alternate test procedure as set forth in the Interim Waiver Order. DOE solicits comments, data, and information concerning LG’s petition and its suggested alternate test procedure to inform its final decision on LG’s waiver request. DATES: Written comments and information are requested and will be accepted on or before September 9, 2019. Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at https://www.regulations.gov. Alternatively, interested persons may submit comments, identified by case number ‘‘2018–004’’, and Docket number ‘‘EERE–2018–BT–WAV–0007,’’ by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Email: LG2018WAV0007@ ee.doe.gov. Include the case number [Case No. 2018–004] in the subject line of the message. • Postal Mail: Appliance and Equipment Standards Program. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, Mailstop EE–5B, Petition for Waiver Case No. 2018–004, 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. If possible, please submit all items on a ‘‘CD’’, in which case it is not necessary to include printed copies. No telefacsimilies (faxes) will be accepted. For detailed instructions on submitting comments and additional information on this process, see section V of this document. Docket: The docket, which includes Federal Register notices, comments, and other supporting documents/ materials, is available for review at https://www.regulations.gov. All documents in the docket are listed in the https://www.regulations.gov index. However, some documents listed in the khammond on DSKBBV9HB2PROD with NOTICES ADDRESSES: VerDate Sep<11>2014 16:34 Aug 08, 2019 Jkt 247001 index, such as those containing information that is exempt from public disclosure, may not be publicly available. The docket web page can be found at https://www.regulations.gov/ docket?D=EERE-2018-BT-WAV-0007. The docket web page contains simple instruction on how to access all documents, including public comments, in the docket. See section V for information on how to submit comments through https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, Mailstop EE–5B, 1000 Independence Avenue SW, Washington, DC 20585–0121. Email: AS_Waiver_Request@ee.doe.gov. Ms. Sarah Butler, 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) 586–1777. Email: Sarah.Butler@hq.doe.gov. SUPPLEMENTARY INFORMATION: I. Background and Authority The Energy Policy and Conservation Act of 1975, as amended (‘‘EPCA’’),1 among other things, authorizes DOE to regulate the energy efficiency of a number of consumer products and industrial equipment. (42 U.S.C. 6291– 6317) Title III, Part B 2 of EPCA established the Energy Conservation Program for Consumer Products Other Than Automobiles. In addition to specifying a list of covered products and industrial equipment, EPCA contains provisions that enable the Secretary of Energy to classify additional types of consumer products as covered products. (42 U.S.C. 6292(a)(20)) In a final determination of coverage published in the Federal Register on April 18, 2016 (the ‘‘April 2016 Final Coverage Determination’’), DOE classified portable air conditioners as covered products under EPCA. 81 FR 22514. The test procedure for portable air conditioners is contained in the Code of Federal Regulations (‘‘CFR’’) at 10 CFR part 430, subpart B, appendix CC (‘‘appendix CC’’). Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures DOE is required to follow when prescribing or 1 All references to EPCA in this document refer to the statute as amended through America’s Water Infrastructure Act of 2018, Public Law 115–270 (October 23, 2018). 2 For editorial reasons, upon codification in the U.S. Code, Part B was re-designated Part A. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 39275 amending test procedures for covered products. EPCA requires that any test procedures prescribed or amended under this section must be reasonably designed to produce test results which reflect energy efficiency, energy use or estimated annual operating cost of a covered product during a representative average use cycle or period of use and requires that test procedures not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) 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). DOE may grant the waiver subject to conditions, including adherence to an alternate test procedure. Id. 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 provides that DOE may grant an interim waiver if it appears likely that the underlying petition for waiver will be granted and/ or if DOE determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the underlying petition for waiver. 10 CFR 430.27(e)(2). Within one year of issuance of an interim waiver, DOE will either: (i) Publish in the Federal Register a determination on the petition for waiver; or (ii) publish in the Federal Register a new or amended test procedure that addresses the issues presented in the waiver. 10 CFR 430.27(h)(1). When DOE amends the test procedure to address the issues presented in a waiver, the waiver will automatically terminate on the date on which use of that test procedure is required to demonstrate compliance. 10 CFR 430.27(h)(2). E:\FR\FM\09AUN1.SGM 09AUN1 khammond on DSKBBV9HB2PROD with NOTICES 39276 Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Notices II. LG’s Petition for Waiver and Petition for Interim Waiver On May 15, 2018, LG filed a petition for waiver and a petition for interim waiver from the test procedure for portable air conditioners, set forth in appendix CC. In the petition, LG requested relief for the following portable air conditioner basic models: LP1419IVSM, LP1419HVSM, LP1219IVSM, LP1019IVSM, and LP0819IVSM.3 LG notes that the current DOE test procedure for portable air conditioners requires testing dual-duct portable air conditioners under two operating conditions, one measuring peak-load performance (i.e., at a hightemperature outdoor operating condition) and another measuring a reduced-load performance (i.e., at a lower outdoor temperature operating condition). For single-duct portable air conditioners, the test procedure requires testing at only the high-temperature outdoor operating condition. LG asserts that the current DOE test procedure for single-duct portable air conditioners does not take into account the specific performance and efficiency benefits associated with single-duct variablespeed portable air conditioners under part-load conditions. LG stated that single-duct variablespeed portable air conditioners constantly use frequency controls to adjust the compressor rotation speed to maintain the desired temperature in the home without turning the motor on and off; that the compressor responds automatically to surrounding conditions to operate in the most efficient possible manner; and that this results in both significant energy savings and faster cooling compared to a portable air conditioner without a variable-speed compressor. LG asserted that, because the DOE test procedure does not account for the general part-load performance benefits of single-duct variable-speed portable air conditioners or properly account for the favorable difference in cycling losses for singleduct variable-speed portable air conditioners resulting from use of variable-speed technology, the results of the test procedure are not representative of the actual energy consumption of single-duct variable-speed portable air conditioners. LG also requested 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 3 LG provided these basic model numbers in its May 15, 2018 petition. VerDate Sep<11>2014 16:34 Aug 08, 2019 Jkt 247001 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 test procedure does not accurately measure the energy consumption of single-duct variablespeed portable air conditioners, and without waiver relief, the test results would not reflect the part-load characteristics of the basic models listed above. III. Requested Alternate Test Procedure EPCA requires that manufacturers use DOE test procedures when making representations about the energy consumption and energy consumption costs of covered products. (42 U.S.C. 6293(c)) Consistent representations are important when making representations about the energy efficiency of products, including when demonstrating compliance with applicable DOE energy conservation standards. Pursuant to its regulations at 10 CFR 430.27, and after consideration of public comments on the petition, DOE may establish in a subsequent Decision and Order an alternate test procedure for the basic models addressed by the interim waiver. In its petition, LG requests testing the basic models listed in its petition according to the test procedure for portable air conditioners prescribed by DOE in appendix CC, except that singleduct variable-speed portable air conditioners would be tested at both the high- and low-temperature outdoor operating conditions to measure a weighted-average combined energy efficiency ratio (CEER). LG also suggests an additional set of calculations to model the CEER of a theoretical comparable single-speed portable air conditioner with and without cycling losses.4 From these results, a ‘‘performance adjustment factor’’ would be calculated, representing the performance improvement associated with avoiding cycling losses. The performance adjustment factor would then be multiplied by the measured CEER value for the variable-speed portable air conditioner according to appendix CC to determine the test unit’s final rated CEER value. LG states that this approach takes into account performance and efficiency improvements associated with singleduct variable-speed portable air 4 In its suggested alternate test procedure, LG included provisions regarding dual-duct variablespeed portable air conditioners. However, the basic models specified in LG’s petition for waiver and petition for interim waiver are single-duct models only. As such, the alternate test procedure specified by DOE addresses only the single-duct variablespeed portable air conditioners listed by LG. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 conditioners as compared to single-duct portable air conditioners with singlespeed compressors. IV. Grant of an Interim Waiver DOE has reviewed the materials submitted in LG’s petition. DOE has been unable to identify or review any marketing materials, website, or brochure for basic models LP1419IVSM, LP1419HVSM, LP1219IVSM, LP1019IVSM, and LP0819IVSM because they currently are not available in the U.S. market. The materials submitted support LG’s assertion of the part-load characteristics of the single-duct variable-speed portable air conditioners and that the DOE test procedure may yield results that are unrepresentative of their true energy consumption characteristics. In particular, the DOE test procedure does not capture the relative efficiency improvements due to cycling loss avoidance that can be achieved by single-duct variable-speed portable air conditioners over a range of operating conditions compared to single-speed portable air conditioners. Without an alternate test procedure, the CEER values of single-duct variablespeed portable air conditioners would suggest that such portable air conditioners would consume at least as much energy annually as a theoretical comparable single-speed portable air conditioner, despite the anticipated benefits of improved performance under part-load conditions. DOE has reviewed the alternate procedure suggested by LG, along with additional performance modeling and analysis performed by DOE. Based on this review it appears that the suggested alternate test procedure will allow for the generally accurate measurement of efficiency of the specified basic models of single-duct variable-speed potable air conditioners, with certain additional requirements. First, the alternate test procedure provides compressor speed nomenclature and definitions that are derived from those in industry standards for testing consumer central air conditioning products with variablespeed compressors, with additional specificity for the low compressor speed definition that ensures the portable air conditioner provides adequate cooling capacity under reduced loads based on the expected load at those conditions.5 5 The compressor speed nomenclature and definition clarifications are derived from AirConditioning, Heating, and Refrigeration Institute Standard (AHRI) 210/240–2017, ‘‘Performance Rating of Unitary Air-conditioning & Air-source Heat Pump Equipment’’, and adapted to be applicable to portable ACs. Equation 11.60 in AHRI 210/240–2017 relates the building load to an AC’s full-load cooling capacity and outdoor temperature, E:\FR\FM\09AUN1.SGM 09AUN1 Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Notices khammond on DSKBBV9HB2PROD with NOTICES Second, LG must maintain the compressor speed required for each test condition in accordance with the instructions LG has provided to DOE.6 7 Specifically, DOE has found that the suggested alternate test procedure will produce final CEER values for the single-duct variable-speed portable air conditioners that will reflect the average performance improvement associated with variable-speed compressors as compared to theoretical comparable single-speed portable air conditioners under the same test conditions. Consequently, it appears likely that LG’s petition for waiver will be granted. Furthermore, DOE has determined that it is desirable for public policy reasons to grant LG immediate relief pending a determination of the petition for waiver. For the reasons stated, DOE has granted an interim waiver to LG for the specified portable air conditioner basic models in LG’s petition. Therefore, DOE has issued an Order stating: and assumes full-load operation at 98 °F outdoor temperature. DOE adjusted (i.e. normalized) this equation to reflect full-load operation at 95 °F outdoor temperature, to provide consistency with the full-load test condition for portable ACs. Using the adjusted equation suggests that the representative cooling load at the 83 °F rating condition would be 60 percent of the full-load cooling capacity for portable air conditioners. DOE recognizes that variable-speed portable ACs may use compressors that vary their speed in discrete steps and may not be able to operate at a speed that provides exactly 60 percent cooling capacity; therefore, the defined cooling capacity associated with the low compressor speed is presented as a 10percent range rather than a single value. 60 percent cooling load is the upper bound of the 10-percent range defining the cooling capacity associated with the lower compressor speed (i.e., the range is defined as 50 to 60 percent). This ensures that the variable-speed portable AC is capable of matching the representative cooling load (60 percent of the maximum) at the 83 °F rating condition, while providing the performance benefits associated with variable-speed operation. In contrast, if the 10percent range were to be defined as, for example, 55 to 65 percent (with 60 percent as the midpoint), a variable-speed portable AC could be tested at 63 percent, for example, without demonstrating the capability to maintain variable-speed performance down to 60 percent. 6 Pursuant to 10 CFR 1004.11, if the manufacturer submits information that it believes to be confidential and exempt by law from public disclosure, the manufacturer should submit via email, postal mail, or hand delivery two wellmarked 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. DOE will make its own determination about the confidential status of the information and treat it according to its determination. 7 The instructions provided by LG were marked as confidential and, as such, the instructions will be treated as confidential. The document is located in the docket at https://www.regulations.gov/ document?D=EERE-2018-BT-WAV-0007. VerDate Sep<11>2014 16:34 Aug 08, 2019 Jkt 247001 (1) LG must test the following portable air conditioner basic models with the alternate test procedure set forth in paragraph (2): Brand LG LG LG LG LG Electronics Electronics Electronics Electronics Electronics USA, USA, USA, USA, USA, Basic model Inc Inc Inc Inc Inc ...... ...... ...... ...... ...... LP1419IVSM LP1419HVSM LP1219IVSM LP1019IVSM LP0819IVSM (2) The alternate test procedure for the LG basic models referenced in paragraph (1) is the test procedure for portable air conditioners prescribed by DOE at appendix CC to subpart B of 10 CFR part 430 (Appendix CC), except: (i) Determine the combined energy efficiency ratio (CEER) as detailed below, and (ii) calculate the estimated annual operating cost in 10 CFR 430.23(dd)(2) as detailed below. In addition, for each basic model listed in paragraph (1), maintain the compressor speeds at each test condition, and set the control settings used for the variable components, according to the instructions submitted to DOE by LG. Upon the compliance date of any new energy conservation standards for portable air conditioners, LG must report product specific information pursuant to 10 CFR 429.12(b)(13) and 10 CFR 429.62(b). All other requirements of Appendix CC and DOE’s regulations remain applicable. In 10 CFR 430.23, in paragraph (dd) revise paragraph (2) to read as follows: (2) Determine the estimated annual operating cost for a single-duct variablespeed portable air conditioner, expressed in dollars per year, by multiplying the following two factors: (i) The sum of AEC95 multiplied by 0.2, AEC83 multiplied by 0.8, and AECT as measured in accordance with section 5.3 of appendix CC of this subpart; and (ii) A representative average unit cost of electrical energy in dollars per kilowatt-hour as provided by the Secretary. (iii) Round the resulting product to the nearest dollar per year. In Appendix CC: Add in Section 2, Definitions: 2.11 Single-speed means a type of portable air conditioner that cannot automatically adjust the compressor speed, based on detected conditions. 2.12 Variable-speed means a type of portable air conditioner that can automatically adjust the compressor speed, based on detected conditions. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 39277 2.13 Full compressor speed (full) means the compressor speed specified by the manufacturer at which the unit operates at full load testing conditions. 2.14 Low compressor speed (low) means the compressor speed specified by the manufacturer at which the unit operates at low load test conditions, such that the measured cooling capacity at Condition B in Table 1 of this appendix, i.e., Capacity83, is not less than 50 percent and not greater than 60 percent of the measured cooling capacity with the full compressor speed at Condition A in Table 1 of this appendix, i.e., Capacity95. Add to the end of Section 3.1.2, Control settings: Set the compressor speed during cooling mode testing as described in section 4.1, as amended by this interim waiver. Replace Section 4.1, Cooling mode with the following: Cooling mode. Measure the indoor room cooling capacity and overall power input in cooling mode in accordance with Section 7.1.b and 7.1.c of ANSI/AHAM PAC–1–2015 (incorporated by reference; see § 430.3), respectively. Determine the test duration in accordance with Section 8.7 of ASHRAE Standard 37–2009 (incorporated by reference; § 430.3). Apply the test conditions presented in Table 1 of this appendix instead of the test conditions in Table 3 of ANSI/ AHAM PAC–1–2015. Measure the indoor room cooling capacity and overall power input in accordance with ambient conditions for Test Configuration 3, Condition A (Capacity95, P95) in Table 1 of this appendix, with the compressor speed set to full, for the duration of cooling mode testing, and then measure the indoor room cooling capacity and overall power input a second time in accordance with the ambient conditions for Test Configuration 3, Condition B (Capacity83, P83) in Table 1 of this appendix, with the compressor speed set to low, for the duration of cooling mode testing. Set the compressor speed required for each test condition in accordance with instructions provided to DOE. Note that for the purposes of this cooling mode test procedure, evaporator inlet air is considered the ‘‘indoor air’’ of the conditioned space and condenser inlet air is considered the ‘‘outdoor air’’ outside of the conditioned space. E:\FR\FM\09AUN1.SGM 09AUN1 39278 Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Notices TABLE 1—EVAPORATOR (INDOOR) AND CONDENSER (OUTDOOR) INLET TEST CONDITIONS Evaporator inlet air, °F (°C) Dry bulb 3 (Condition A) ................................................................................................. 3 (Condition B) ................................................................................................. Revise Section 4.1.1, Duct Heat Transfer following ‘‘Calculate the total heat transferred from the surface of the condenser exhaust duct to the indoor conditioned space while operating in cooling mode for the outdoor test conditions in Table 1 of this appendix, as follows.’’ to read as follows: Qduct_95 = h × Aduct × (Tduct_95¥Tei) Qduct_83 = h × Aduct × (Tduct_83¥Tei) khammond on DSKBBV9HB2PROD with NOTICES Where: Qduct_95 and Qduct_83 = the total heat Where: ˙ 95 and m ˙ 83 = dry air mass flow rate of m infiltration air, as calculated based on testing according to the test conditions in Table 1 of this appendix, in lb/m. Vco_95 and Vco_83 = average volumetric flow rate of the condenser outlet air during cooling mode testing at the 95 °F and 83 °F dry-bulb outdoor conditions, respectively, in cubic feet per minute (cfm), as determined in section 4.1 of this appendix. Vci_95, and Vci_83 = average volumetric flow rate of the condenser inlet air during cooling mode testing at the 95 °F and 83 °F dry-bulb outdoor conditions, respectively, in cfm, as determined in section 4.1 of this appendix. rco_95 and rco_83 = average density of the condenser outlet air during cooling mode testing at the 95 °F and 83 °F dry-bulb outdoor conditions, respectively, in pounds mass per cubic foot (lbm/ft3), as determined in section 4.1 of this appendix. rci_95, and rci_83 = average density of the condenser inlet air during cooling mode testing at the 95 °F and 83 °F dry-bulb outdoor conditions, respectively, in lbm/ ft3, as determined in section 4.1 of this appendix. wco_95 and wco_83 = average humidity ratio of condenser outlet air during cooling mode testing at the 95 °F and 83 °F dry-bulb outdoor conditions, respectively, in pounds mass of water vapor per pounds mass of dry air (lbw/lbda), as determined in section 4.1 of this appendix. VerDate Sep<11>2014 16:34 Aug 08, 2019 Jkt 247001 80 (26.7) 80 (26.7) Wet bulb 67 (19.4) 67 (19.4) Condenser inlet air, °F (°C) Dry bulb 95 (35.0) 83 (28.3) Wet bulb 75 (23.9) 67.5 (19.7) transferred from the condenser exhaust duct to the indoor conditioned space in cooling mode, in Btu/h, when tested according to the 95 °F dry-bulb and 83 °F dry-bulb outdoor test conditions in Table 1 of this appendix, respectively. h = convection coefficient, 3 Btu/h per square foot per °F. Aduct = surface area of the condenser exhaust duct, in square feet. Tduct_95 and Tduct_83 = average surface temperature for the condenser exhaust duct, as measured during testing according to the two outdoor test conditions in Table 1 of this appendix, in °F. Tei = average evaporator inlet air dry-bulb temperature, in °F. wci_95 and wci_83 = average humidity ratio of condenser inlet air during cooling mode testing at the 95 °F and 83 °F dry-bulb outdoor conditions, respectively, in lbw/ lbda, as determined in section 4.1 of this appendix. annual hours of operation for each mode: Replace Section 5.1, Adjusted Cooling Capacity with the following: Adjusted Cooling Capacity. Calculate the adjusted cooling capacities for portable air conditioners, ACC95 and ACC83, expressed in Btu/h, according to the following equations. ACC83 = Capacity95¥Qduct_95¥Qinfiltration_95 ACC83 = Capacity83¥Qduct_83¥Qinfiltration_83 Where: Capacity95 and Capacity83 = cooling capacity measured in section 4.1 of this appendix. Qduct_95 and Qduct_83 = duct heat transfer while operating in cooling mode, calculated in section 4.1.1 of this appendix. Qinfiltration_95 and Qinfiltration_83 = total infiltration air heat transfer in cooling mode, calculated in section 4.1.2 of this appendix Replace Section 5.3, Annual Energy Consumption with the following: Annual Energy Consumption. Calculate the annual energy consumption in each operating mode, AECm, expressed in kilowatt-hours per year (kWh/year). Use the following PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 Replace Section 4.1.2, Infiltration Air Heat Transfer with the following: Infiltration Air Heat Transfer. Calculate the heat contribution from infiltration air for both cooling mode outdoor test conditions, as described in this section. Calculate the dry air mass flow rate of infiltration air according to the following equations: Operating mode Cooling Mode, Dual-Duct 95 °F 1 .................................... Cooling Mode, Dual-Duct 83 °F 1 .................................... Off-Cycle ............................... Inactive or Off ....................... Annual operating hours 750 750 880 1,355 1 These operating mode hours are for the purposes of calculating annual energy consumption under different ambient conditions and are not a division of the total cooling mode operating hours. The total cooling mode operating hours are 750 hours. AECm = Pm × tm × 0.001 Where: AECm = annual energy consumption in each mode, in kWh/year. Pm = average power in each mode, in watts. m represents the operating mode (‘‘95’’ and ‘‘83’’ cooling mode at the 95 °F and 83 °F dry-bulb outdoor conditions, respectively, ‘‘oc’’ off-cycle, and ‘‘ia’’ inactive or ‘‘om’’ off mode). tm = number of annual operating time in each mode, in hours. 0.001 kWh/Wh = conversion factor from watt-hours to kilowatt-hours. Total annual energy consumption in all modes except cooling, is calculated according to: E:\FR\FM\09AUN1.SGM 09AUN1 EN09AU19.091</GPH> Test configuration Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Notices Where: AECT = total annual energy consumption attributed to all modes except cooling, in kWh/year; AECm = total annual energy consumption in each mode, in kWh/year. Where: CEERVS = combined energy efficiency ratio for the variable-speed portable air conditioner, in Btu/Wh. ACC95 and ACC83 = adjusted cooling capacity, tested at the 95 °F and 83 °F dry-bulb outdoor conditions in Table 1 of this appendix, in Btu/h, calculated in section 5.1 of this appendix. AEC95 and AEC83 = annual energy consumption for the two cooling mode test conditions in Table 1 of this appendix, in kWh/year, calculated in section 5.3 of this appendix. AECT = total annual energy consumption attributed to all modes except cooling, in kWh/year, calculated in section 5.3 of this appendix. 750 = number of cooling mode hours per year 0.001 kWh/Wh = conversion factor for watthours to kilowatt-hours. 0.2 = weighting factor for the Condition A test. 0.8 = weighting factor for the Condition B test. Replace Section 5.4, Combined Energy Efficiency Ratio with the following: portable air conditioner at the 83 °F drybulb outdoor conditions (Condition B in Table 1 of this appendix). A theoretical comparable single-speed portable air conditioner has the same cooling capacity and electrical power input, with no cycling losses, as the singleduct variable-speed portable air conditioner under test at Condition A in Table 1 of this appendix. Capacity83_SS = Capacity95 Capacity83_SS_CLF = Capacity95 × CLF P83_SS = P95 Where: Capacity83_SS = theoretical comparable single-speed portable air conditioner cooling capacity, in Btu/h, calculated for Condition B in Table 1 of this appendix. Capacity83_SS_CLF = theoretical comparable single-speed portable air conditioner cooling capacity with cycling losses, in Btu/h, calculated for Condition B in Table 1 of this appendix. Capacity95 = cooling capacity, in Btu/h, determined in section 4.1 of this appendix for Condition A in Table 1 of this appendix. P83_SS = theoretical comparable single-speed portable air conditioner electrical power input, in watts, calculated for Condition B in Table 1 of this appendix. P95 = electrical power input, in watts, determined in section 4.1 of this appendix for Condition A in Table 1 of this appendix. CLF = cycling loss factor for Condition B in Table 1 of this appendix, 0.875. Combined Energy Efficiency Ratio. Using the annual operating hours, as outlined in section 5.3 of this appendix, calculate the combined energy efficiency ratio, CEERVS, expressed in Btu/Wh, according to the following: Outdoor Test Condition. Calculate the condenser exhaust duct heat transfer to the conditioned space for a theoretical comparable single-speed portable air conditioner at the 83 °F dry-bulb outdoor conditions (Condition B in Table 1 of this appendix), as follows: Qduct_83_SS = h × Aduct × (Tduct_95¥Tei) Where: Qduct_83_SS = total heat transferred from the ducts to the indoor conditioned space in cooling mode, in Btu/h, for a theoretical comparable single-speed portable air conditioner at Condition B in Table 1 of this appendix. h = convection coefficient, 3 Btu/h per square foot per °F. Aduct = surface area of the condenser exhaust duct, in square feet, as calculated in section 4.1.1 of this appendix. Tduct_95 = average surface temperature for the condenser exhaust duct, as measured during testing at Condition A in Table 1 of this appendix, in °F. Tei = average evaporator inlet air dry-bulb temperature, in °F. Condition B in Table 1 of this appendix, in lb/m. Vco_95 = actual average volumetric flow rate of the condenser outlet air during cooling mode testing at Condition A in Table 1 of this appendix, in cubic feet per minute (cfm), as determined in section 4.1 of this appendix. rco_95 = actual average density of the condenser outlet air during cooling mode Where: ˙ 83_SS = dry air mass flow rate of infiltration m air for a theoretical comparable singlespeed portable air conditioner at VerDate Sep<11>2014 16:34 Aug 08, 2019 Jkt 247001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\09AUN1.SGM 09AUN1 EN09AU19.103</GPH> EN09AU19.093</GPH> 5.5.2 Duct Heat Transfer for a Theoretical Comparable Single-Speed Portable Air Conditioner at the Lower 5.5.3 Infiltration Air Heat Transfer for a Theoretical Comparable SingleSpeed Portable Air Conditioner at the Lower Outdoor Test Condition. Calculate the heat contribution from infiltration air for a theoretical comparable single-speed portable air conditioner at Condition B in Table 1 of this appendix, as described in this section. Calculate the dry air mass flow rate of infiltration air according to the following equations: EN09AU19.092</GPH> khammond on DSKBBV9HB2PROD with NOTICES Add after Section 5.4, Combined Energy Efficiency Ratio: 5.5 Adjustment of the Combined Energy Efficiency Ratio. Adjust the combined energy efficiency ratio as follows. 5.5.1 Theoretical Comparable Single-Speed Portable Air Conditioner Cooling Capacity and Power at the Lower Outdoor Test Condition. Calculate the cooling capacity and cooling capacity with cycling losses, expressed in British thermal units per hour (Btu/h), and electrical power input, expressed in watts, for a theoretical comparable single-speed m represents the operating modes included in AECT (‘‘oc’’ off-cycle, and ‘‘im’’ inactive or ‘‘om’’ off mode). 39279 39280 Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Notices testing at Condition A in Table 1 of this appendix, in lbm/ft3, as determined in section 4.1 of this appendix. wco_95= average humidity ratio of condenser outlet air during cooling mode testing at Condition A in Table 1 of this appendix, in pounds mass of water vapor per pounds mass of dry air (lbw/lbda), as determined in section 4.1 of this appendix. Calculate the sensible component of infiltration air heat contribution for a theoretical comparable single-speed portable air conditioner at Condition B in Table 1 of this appendix as follows: ˙ 83_SS × 60 × [(0.24 × Qs_83_SS = m (Tia_83 ¥ Tindoor)) + (0.444 × (wia_83 × Tia_83 ¥ windoor × Tindoor))] Where: Qs_83_SS = sensible heat added to the room by infiltration air for a theoretical comparable single-speed portable air conditioner, at Condition B in Table 1 of this appendix, in Btu/h. 0.24 Btu/lbm ¥ °F = specific heat of dry air. 0.444 Btu/lbm ¥ °F = specific heat of water vapor. Tindoor = indoor chamber dry-bulb temperature, 80 °F. Tia_95 and Tia_83 = infiltration air dry-bulb temperatures for Condition A and Condition B in Table 1 of this appendix, 95 °F and 83 °F, respectively. wia_95 and wia_83 = humidity ratios of the infiltration air at Condition A and Condition B in Table 1 of this appendix, 0.0141 and 0.01086 lbw/lbda, respectively. windoor = humidity ratio of the indoor chamber air, 0.0112 lbw/lbda. 60 = conversion factor from minutes to hours. ˙ 83_SS as previously defined in this section. m The total heat contribution of the infiltration air for a theoretical comparable single-speed portable air conditioner at Condition B in Table 1 of this appendix is the sum of the sensible and latent heat calculated above in this section: Qinfiltration_83_SS = Qs_83_SS + Ql_83_SS Where: Qinfiltration_83_SS = total infiltration air heat in cooling mode for a theoretical comparable single-speed portable air conditioner at Condition B in Table 1 of this appendix, in Btu/h. Qs_83_SS, Ql_83_SS as previously defined. 5.5.4 Adjusted Cooling Capacity for a Theoretical Comparable Single-Speed Portable Air Conditioner at the Lower Outdoor Test Condition. Calculate the adjusted cooling capacity for a theoretical comparable single-speed portable air conditioner at Condition B in Table 1 of this appendix with and without cycling losses, ACC83_SS and ACC83_SS_CLF, respectively, expressed in Btu/h, according to the following equations: ACC83_SS = Capacity83_SS ¥ Qduct_83_SS ¥ Qinfiltration_83_SS ACC83_SS_CLF = Capacity83_SS_CLF ¥ Qduct_83_SS ¥ Qinfiltration_83_SS Where: CEERSS and CEERSS_CLF = combined energy 5.5.5 Annual Energy Consumption in Cooling Mode for a Theoretical Comparable Single-Speed Portable Air Conditioner at the Lower Outdoor Test Condition. Calculate the annual energy consumption in cooling mode for a theoretical comparable single-speed portable air conditioner at Condition B in Table 1 of this appendix, expressed in kWh/year, according to the following equations: AEC83_SS = P83_SS × 750 × 0.001 Where: AEC83_SS = annual energy consumption for a theoretical comparable single-speed portable air conditioner in cooling mode at Condition B in Table 1 of this appendix, in kWh/year. P83_SS = theoretical comparable single-speed portable air conditioner electrical power input at Condition B in Table 1 of this appendix, in watts, calculated in section 5.5.1 of this appendix. 750 = number of cooling mode hours per year. 0.001 kWh/Wh = conversion factor from watt-hours to kilowatt-hours. 5.5.6 Combined Energy Efficiency Ratio for a Theoretical Comparable Single-Speed Portable Air Conditioner. Calculate the combined energy efficiency ratio for a theoretical comparable single-speed portable air conditioner without and with cycling losses considered, CEERSS and CEERSS_ CLF, respectively, expressed in Btu/Wh, according to the following equations: EN09AU19.095</GPH> Where: Ql_83_SS = latent heat added to the room by infiltration air for a theoretical comparable single-speed portable air Where: ACC83_SS and ACC83_SS_CLF = adjusted cooling capacity for a theoretical comparable single-speed portable air conditioner at Condition B in Table 1 of this appendix without and with cycling losses, respectively, in Btu/h. Capacity83_SS and Capacity83_SS_CLF = theoretical comparable single-speed portable air conditioner cooling capacity without and with cycling losses, respectively, in Btu/h, at Condition B in Table 1 of this appendix, calculated in section 5.5.1 of this appendix. Qduct_83_SS = total heat transferred from the ducts to the indoor conditioned space in cooling mode for a theoretical comparable single-speed portable air conditioner at Condition B in Table 1 of this appendix, in Btu/h, calculated in section 5.5.2 of this appendix. Qinfiltration_83_SS = total infiltration air heat in cooling mode for a theoretical comparable single-speed portable air conditioner at Condition B in Table 1 of this appendix, in Btu/h, calculated in section 5.5.3 of this appendix. VerDate Sep<11>2014 16:34 Aug 08, 2019 Jkt 247001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 efficiency ratio for a theoretical E:\FR\FM\09AUN1.SGM 09AUN1 EN09AU19.094</GPH> khammond on DSKBBV9HB2PROD with NOTICES Calculate the latent component of infiltration air heat contribution for a theoretical comparable single-speed portable air conditioner at Condition B in Table 1 of this appendix as follows: ˙ 83_SS × 60 × 1061 × (wia_ Ql_83_SS = m 83¥0.0112) conditioner, at Condition B in Table 1 of this appendix, in Btu/h. 1061 Btu/lbm = latent heat of vaporization for water vapor. 0.0112 lbw/lbda = humidity ratio of the indoor chamber air. 60 = conversion factor from minutes to hours. ˙ 83_SS, wia_95, and wia_83 as previously m defined in this section. Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Notices in section 5.5.4 of this appendix. AEC95 = annual energy consumption for the sample unit at Condition A in Table 1 of this appendix, in kWh/year, calculated in section 5.3 of this appendix. AEC83_SS = annual energy consumption for a theoretical comparable single-speed portable air conditioner in cooling mode at Condition B in Table 1 of this appendix, in kWh/year, calculated in section 5.5.5 of this appendix. AECT = total annual energy consumption attributed to all modes except cooling for the sample unit, in kWh/year, calculated in section 5.3 of this appendix. Where: CEERSS and CEERSS_CLF = combined energy efficiency ratio for a theoretical comparable single-speed portable air conditioner without and with cycling losses considered, respectively, in Btu/ Wh, calculated in section 5.5.6 of this appendix. energy consumption characteristics. 10 CFR 430.27(k)(1). Likewise, LG may request that DOE rescind or modify the interim waiver if LG 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) LG remains obligated to fulfill any 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 models that may be manufactured by the petitioner. LG may submit a new or amended petition for waiver and request for grant of interim waiver, as appropriate, for additional basic models of portable air conditioners. Alternatively, if appropriate, LG 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 models set forth in the original petition consistent with 10 CFR 430.27(g). 5.5.8 Single-Duct Variable-Speed Portable Air Conditioner Combined Energy Efficiency Ratio. Calculate the final combined energy efficiency ratio, CEER, expressed in Btu/Wh, according to the following equation: CEER = CEERVS × (1 + Fp) khammond on DSKBBV9HB2PROD with NOTICES Where: CEER = combined energy efficiency ratio for the sample unit, in Btu/Wh. CEERVS = combined energy efficiency ratio initially determined for the sample unit, in Btu/Wh, calculated in section 5.4 of this appendix. Fp = single-duct variable-speed portable air conditioner performance adjustment factor, determined in section 5.5.7 of this appendix.’’ (3) Representations. LG may not make representations about the energy efficiency of the basic models listed in paragraph (1) for compliance, marketing, or other purposes unless the basic model has been tested in accordance with the provisions in this alternate test procedure and such representations fairly disclose the results of such testing. (4) This interim waiver shall remain in effect according to the provisions of 10 CFR 430.27. (5) This interim waiver is issued to LG on the condition that the statements, representations, and information provided by LG are valid. DOE may revoke or modify this waiver at any time if it determines the factual basis underlying the petition for waiver is incorrect, or the results from the alternate test procedure are unrepresentative of a basic model’s true VerDate Sep<11>2014 16:34 Aug 08, 2019 Jkt 247001 V. Request for Comments DOE is publishing LG’s petition for waiver in its entirety, pursuant to 10 CFR 430.27(b)(1)(iv).8 The petition includes a suggested alternate test procedure, as specified in the petition and summarized in section IV of this document, to determine the efficiency of LG’s specified portable air conditioners. DOE may consider including the alternate procedure specified in the Interim Waiver Order, and restated in section IV of this document, in a subsequent Decision and Order. 8 The petition did not identify any of the information contained therein as confidential business information. PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 750 and 0.001 as defined previously in this section. 0.2 = weighting factor for the Condition A test. 0.8 = weighting factor for the Condition B test. 5.5.7 Single-Duct Variable-Speed Portable Air Conditioner Performance Adjustment Factor. Calculate the singleduct variable-speed portable air conditioner performance adjustment factor, Fp, according to the following equation: DOE invites all interested parties to submit in writing by September 9, 2019, 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 Scott Blake Harris, Harris, Wiltshire & Grannis LLP, 1919 M Street NW, Eighth Floor, Washington, DC 20036. Submitting comments via https:// www.regulations.gov. The https:// www.regulations.gov web page will require you to provide your name and contact information. Your contact information will be viewable to DOE Building Technologies staff only. Your contact information will not be publicly viewable except for your first and last names, organization name (if any), and submitter representative name (if any). If your comment is not processed properly because of technical difficulties, DOE will use this information to contact you. If DOE cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment. However, your contact information will be publicly viewable if you include it in the comment or in any documents attached to your comment. Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment. Persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments. Do not submit to https:// www.regulations.gov information for which disclosure is restricted by statute, E:\FR\FM\09AUN1.SGM 09AUN1 EN09AU19.096</GPH> comparable single-speed portable air conditioner without and with cycling losses considered, respectively, in Btu/ Wh. ACC95 = adjusted cooling capacity, tested for the single-duct variable-speed portable air conditioner at Condition A in Table 1 of this appendix, in Btu/h, calculated in section 5.1 of this appendix. ACC83_SS and ACC83_SS_CLF = adjusted cooling capacity for a theoretical comparable single-speed portable air conditioner at Condition B in Table 1 of this appendix without and with cycling losses, respectively, in Btu/h, calculated 39281 khammond on DSKBBV9HB2PROD with NOTICES 39282 Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Notices such as trade secrets and commercial or financial information (hereinafter referred to as Confidential Business Information (‘‘CBI’’)). Comments submitted through https:// www.regulations.gov cannot be claimed as CBI. Comments received through the website will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section. DOE processes submissions made through https://www.regulations.gov before posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that https:// www.regulations.gov provides after you have successfully uploaded your comment. Submitting comments via email, hand delivery, or mail. Comments and documents submitted via email, hand delivery, or mail also will be posted to https://www.regulations.gov. If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information on a cover letter. Include your first and last names, email address, telephone number, and optional mailing address. The cover letter will not be publicly viewable as long as it does not include any comments. Include contact information each time you submit comments, data, documents, and other information to DOE. If you submit via mail or hand delivery, please provide all items on a CD, if feasible. It is not necessary to submit printed 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 written in English, free of any defects or viruses, and are not secured. 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. VerDate Sep<11>2014 16:34 Aug 08, 2019 Jkt 247001 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 July 30, 2019. Alexander N. Fitzsimmons, Acting Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. Before the United States Department of Energy Washington, DC 20585 In the Matter of: Energy Efficiency Program: Test Procedure for Portable Air Conditioners Petition of LG Electronics, Inc. for Waiver and Application for Interim Waiver of Test Procedure for Portable Air Conditioners LG Electronics, Inc. (LG) respectfully submits this Petition for Waiver and PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 Application for Interim Waiver 1 from DOE’s test procedure for portable air conditioners (PACs). LG seeks a waiver because the current test procedure for PACs does not accurately measure the energy consumption of single-duct PACs with variable speed compressors (VSCs). LG requests expedited treatment of the Petition and Application. LG is a manufacturer of PACs and other products sold worldwide, including in the United States. LG’s United States affiliate is LG Electronics USA, Inc., with headquarters at 1000 Sylvan Avenue, Englewood Cliffs, NJ 07632 (tel. 201–816–2000). I. Basic Models for Which a Waiver Is Requested The basic models for which a waiver is requested are set forth in the Appendix. They are single-duct PACs distributed in commerce under the LG brand name. II. Need for the Requested Waiver The LG PACs with VSC technology are advanced, energy efficient products. A VSC (inverter compressor) uses frequency controls constantly to adjust the compressor’s rotation speed to maintain the desired temperature in the home without turning the motor on and off. The compressor responds automatically to surrounding conditions to operate in the most efficient possible manner. This results in both dramatic energy savings and faster cooling compared to products without VSCs. PACs with VSCs also have a higher/ lower operating range (10 Hz to 120 Hz) than those without VSC.2 Unfortunately, while the current DOE test procedure for dual-duct PACs provides that they be tested in two conditions, the test procedure provides for testing only with full-load performance for single-duct PACs.3 Thus, the PAC test procedure as applied to single-duct PACs does not take into account the benefits of VSC, with its part-load performance characteristics. This is also unlike the DOE test procedure for central air conditioners, which provides for testing with partload performance for VSCs. Additionally, the PAC test procedure as applied to single-duct PACs does not properly account for the favorable difference in cycling losses resulting 1 See 10 CFR 430.27 (petitions for waiver and interim waiver). 2 To the best of LG’s knowledge, LG is the only manufacturer of PAC basic models distributed in commerce in the United States to incorporate design characteristic(s) similar to those found in the basic models that are the subject of this petition, namely, PAC VSC technology. 3 10 CFR Pt. 430, Subpart B, App. CC, § 4.1, Tbl.1. E:\FR\FM\09AUN1.SGM 09AUN1 Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Notices from use of VSC technology. This technology limits the inefficiencies associated performance degradation from cycling losses. Cycling losses are avoided when the unit modulates its speed to meet a partial load rather than cycles on and off. DOE has recognized this serious shortcoming in the context of its test procedure for room air conditioners (RACs).4 It has stated that the RAC test procedure ‘‘does not measure the benefits of technologies that improve part-load performance.’’ 5 khammond on DSKBBV9HB2PROD with NOTICES The current room AC test procedure measures only the full-load performance at outdoor ambient conditions of 95 °F dry-bulb and 75 °F wet-bulb. Therefore, technologies that improve part-load performance, such as multiple-speed compressors and variableopening expansion devices, will not improve the rated performance of a room AC under the current test procedure.6 Indeed, DOE has correctly stressed that, ‘‘[i]n contrast, central ACs and heat pumps are rated’’ using ‘‘multiple rating points at different conditions.’’ 7 DOE has said it intends to investigate potential revision of the test procedure ‘‘to account for any benefits of technologies that improve part-load performance.’’ 8 DOE is currently considering a waiver request by LG for RACs with VSCs. These considerations apply to singleduct PACs as well as dual-duct PACs and RACs. At the moment, however, the DOE test procedure for PACs as applied to single-duct PACs does not include any provision to account for the benefits of the part-load performance of VSCs or properly account for the favorable difference in cycling losses resulting from use of VSC technology. Therefore, the test procedure evaluates the LG models with VSCs in a manner that misrepresents their actual energy consumption. LG urges that a waiver be granted, for the basic models in the Appendix, that will allow use of the alternate test procedure discussed below. The alternate test procedure is designed to take into account the energy savings characteristics of VSCs, properly account for the favorable difference in cycling losses, and yield results more representative of the actual energy consumption of these products than the current DOE test procedure. And the rules provide that DOE ‘‘will grant a waiver from the test procedure requirements’’ in these circumstances.9 4 Id. 5 80 App. F. FR 34843, 34848 (June 18, 2015). 6 Id. 7 Id. 8 Id. 9 10 CFR 430.27(f)(2). VerDate Sep<11>2014 16:34 Aug 08, 2019 Jkt 247001 The waiver should continue until DOE adopts an applicable amended test procedure. III. Proposed Alternate Test Procedure LG proposes the following alternate test procedure to evaluate the performance of the basic models listed in the Appendix. The alternate test procedure is the same as the existing test procedure for PACs except that it takes into account VSC part-load characteristics for single-duct PACs. It does so by providing for tests at multiple load conditions. Specifically: LG shall be required to test the performance of the basic models listed in the Appendix hereto according to the test procedure for portable air conditioners in 10 CFR part 430, subpart B, Appendix CC, except as follows: Add new Section 2.10 to Appendix CC as follows: ‘‘2.10 Single-speed means a type of portable air conditioner that does not automatically adjust either the compressor or fan speed, or both, based on the detected outdoor conditions.’’ Add new Section 2.12 to Appendix CC as follows: ‘‘2.12 Variable-speed means a type of portable air conditioner that can automatically adjust compressor and fan speed, only compressor speed, or only fan speed, based on the detected outdoor conditions.’’ Add the following at the end of Section 3.1.2 of Appendix CC: ‘‘For a variable-speed portable air conditioner, the compressor speed shall be set during cooling mode testing as described in section 4.1 of this appendix.’’ Add the following at the end of Section 4.1 of Appendix CC: ‘‘For a single-duct or dual-duct variable-speed portable air conditioner, measure the indoor room cooling capacity and overall power input in accordance with ambient conditions for Test Configuration 3, Condition A (Capacity95, P95) with the compressor speed set to maximum, and then measure the indoor room cooling capacity and overall power input a second time in accordance with the ambient conditions for Test Configuration 3, Condition B (Capacity83, P83) with the compressor speed set to minimum, for the duration of cooling mode testing.’’ Add in Section 4.1.1, Duct Heat Transfer following ‘‘Calculate the total heat transferred from the surface of the duct(s) to the indoor conditioned space while operating in cooling mode for the outdoor test conditions in Table 1 of this appendix, as follows.’’: PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 39283 ‘‘Variable-speed portable air conditioners shall use the dual-duct portable air conditioner calculations.’’ Add in Section 4.1.2, Infiltration Air Heat Transfer after ‘‘Calculate the heat contribution from infiltration air for single-duct and dual-duct portable air conditioners for both cooling mode outdoor test conditions, as described in this section.: ‘‘Variable-speed portable air conditioners shall use the dual-duct portable air conditioner calculations, except that the condenser inlet terms shall not be included for single-duct variable-speed portable air conditioners.’’ Add in Section 4.1.2, Infiltration Air Heat Transfer after ‘‘Calculate the dry air mass flow rate of infiltration air according to the following equations.’’: ‘‘For single-duct portable air conditioners:’’ Add in Section 5.1, Adjusted Cooling Capacity after ‘‘Calculate the adjusted cooling capacities for portable air conditioners, ACC95 and ACC83, expressed in Btu/h, according to the following equations.’’: ‘‘Variable-speed portable air conditioners shall use the dual-duct portable air conditioner calculations.’’ Add in Section 5.3, Annual Energy Consumption after ‘‘Calculate the annual energy consumption in each operating mode, AECm, expressed in kilowatt-hours per year (kWh/year).’’: ‘‘Variable-speed portable air conditioners shall use the dual-duct portable air conditioner annual operating hours and calculations.’’ Add in Section 5.4, Combined Energy Efficiency Ratio after ‘‘expressed in Btu/ Wh,’’: ‘‘which shall be the combined energy efficiency ratio reported in § 429.62(b)(2) for single-speed portable air conditioners,’’ Add the following after ‘‘according to the following:’’ in Section 5.4 of Appendix CC: ‘‘Variable-speed portable air conditioners shall use the dual-duct portable air conditioner calculation.’’ Add the following after Section 5.4 of Appendix CC: ‘‘5.5 Adjustment of the Combined Energy Efficiency Ratio for VariableSpeed Portable Air Conditioners. Adjust the combined energy efficiency ratio for variable-speed portable air conditioners as follows, which shall be the combined energy efficiency ratio reported in § 429.62(b)(2) for variable-speed portable air conditioners. 5.5.1 Comparable Single-Speed Portable Air Conditioner Cooling Capacity and Power at the Lower Outdoor Test Condition. Calculate the E:\FR\FM\09AUN1.SGM 09AUN1 39284 Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Notices cooling capacity and cooling capacity with cycling losses, expressed in British thermal units per hour (Btu/h), and electrical power input, expressed in watts, for a comparable single-speed portable air conditioner at the 83 °F drybulb outdoor conditions (Condition B in Table 1 of this appendix). For a single-duct variable-speed portable air conditioner: Capacity83_SS = Capacity95 Capacity83_SS_CLF = Capacity95 × CLF P83_SS = P95 For a dual-duct variable-speed portable air conditioner: Capacity83_SS = Capacity95 × (1 + (Mc × (T95¥T83))) Capacity83_SS_CLF = [Capacity95 × (1 + (Mc × (T95¥T83)))] × CLF P83_SS = P95 × (1¥(Mp × (T95¥T83))) Where: Capacity83_SS = comparable single-speed portable air conditioner cooling capacity, in Btu/h, calculated for Condition B in Table 1. Capacity83_SS_CLF = comparable single-speed portable air conditioner cooling capacity with cycling losses, in Btu/h, calculated for Condition B in Table 1. Capacity95 = variable-speed portable air conditioner cooling capacity, in Btu/h, determined in section 4.1 of this appendix for Condition A in Table 1. P83_SS = comparable single-speed portable air conditioner electrical power input, in watts, calculated for Condition B in Table 1. P95 = variable-speed portable air conditioner electrical power input, in watts, determined in section 4.1 of this appendix for Condition A in Table 1. Mc = adjustment factor to determine the increased cooling capacity at lower outdoor test conditions, 0.0099. Mp = adjustment factor to determine the reduced electrical power input at lower outdoor test conditions, 0.0076. T95 = outdoor dry-bulb temperature for Condition A in Table 1, 95 °F. T83 = outdoor dry-bulb temperature for Condition B in Table 1, 83 °F. CLF = cycling loss factor for Condition B, 0.875. 5.5.2 Duct Heat Transfer for a Comparable Single-Speed Portable Air Conditioner at the Lower Outdoor Test Condition. Calculate the condenser exhaust duct and condenser inlet duct heat transfer to the conditioned space for a comparable single-speed portable air conditioner at the 83 °F dry-bulb outdoor conditions (Condition B in Table 1 of this appendix). For a single-duct variable-speed portable air conditioner: Qduct_83_SS = h × Aduct_exhaust × (Tduct_95_ exhaust¥Tei) For a dual-duct variable-speed portable air conditioner: Qduct_95_inlet = h × Aduct_inlet × (Tduct_95_ inlet¥Tei) Qduct_95_exhaust = h × Aduct_exhaust × (Tduct_ 95_exhaust¥Tei) Qduct_83_SS = MD × Qduct_95_inlet + Qduct_ 95_exhaust Where: Qduct_95_inlet and Qduct_95_exhaust = the heat transferred from the variable-speed portable air conditioner condenser inlet duct and condenser exhaust duct to the indoor conditioned space in cooling mode, in Btu/h, at the 95 °F dry-bulb outdoor test conditions in Table 1 of this appendix, respectively. Qduct_83_SS = total heat transferred from the ducts to the indoor conditioned space in cooling mode, in Btu/h, for a comparable single-speed portable air conditioner at the 83 °F dry-bulb outdoor test conditions in Table 1 of this appendix. h = convection coefficient, 3 Btu/h per square foot per °F. Aduct_inlet and Aduct_exhaust = surface area of the variable-speed portable air conditioner condenser inlet and condenser exhaust ducts, respectively, in square feet, as calculated in section 4.1.1 of this appendix. Tduct_95_inlet and Tduct_95_exhaust = average surface temperature for the variablespeed portable air conditioner condenser inlet and exhaust ducts, respectively, as measured during testing according to the 95 °F outdoor test condition (Condition A in Table 1 of this appendix), in °F. Tei = variable-speed portable air conditioner average evaporator inlet air dry-bulb temperature, in °F. MD = adjustment factor to determine the comparable single-speed portable air conditioner inlet condenser duct heat transfer at the lower outdoor test condition, 0.241. 5.5.3 Infiltration Air Heat Transfer for a Comparable Single-Speed Portable Air Conditioner at the Lower Outdoor Test Condition. Calculate the heat contribution from infiltration air for a comparable single-speed portable air conditioner at Condition B in Table 1 of this appendix, as described in this section. Calculate the dry air mass flow rate of infiltration air according to the following equations: For a single-duct variable-speed portable air conditioner: VerDate Sep<11>2014 16:34 Aug 08, 2019 Jkt 247001 condenser inlet air during cooling mode testing for the variable-speed portable air conditioner at the 95 °F and 83 °F drybulb outdoor conditions, respectively, in lbm/ft3. wco_95, and wco_83 = average humidity ratio of condenser outlet air during cooling mode testing for the variable-speed portable air conditioner at the 95 °F and 83 °F drybulb outdoor conditions, respectively, in pounds mass of water vapor per pounds mass of dry air (lbw/lbda). PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 Calculate the sensible component of infiltration air heat contribution for a comparable single-speed portable air conditioner at Condition B in Table 1 of this appendix as follows: ˙ 83_SS × 60 × [(cp_da × (Tia_ Qs_83_SS = m 83 ¥ Tindoor)) + (cp_wv × (wia_83 × Tia_ 83 ¥ windoor × Tindoor))] Where: Qs_83_SS = sensible heat added to the room by infiltration air for a comparable single-speed portable air conditioner, at E:\FR\FM\09AUN1.SGM 09AUN1 EN09AU19.098</GPH> Where: ˙ 83_SS = dry air mass flow rate of infiltration m air for a comparable single-speed portable air conditioner at the 83 °F drybulb outdoor conditions (Condition B in Table 1 of this appendix), in lb/m. Vco_95 = average volumetric flow rate of the condenser outlet air during cooling mode testing for the variable-speed portable conditioner at the 95 °F dry-bulb outdoor conditions, in cubic feet per minute (cfm). rci_95 and rci_83 = average density of the EN09AU19.097</GPH> khammond on DSKBBV9HB2PROD with NOTICES For a dual-duct variable-speed portable air conditioner: Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Notices Calculate the latent component of infiltration air heat contribution for a comparable single-speed portable air conditioner at Condition B in Table 1 of this appendix as follows: ˙ 83_SS × 60 × Hfg × (wia_83 ¥ Ql_83_SS = m w indoor) khammond on DSKBBV9HB2PROD with NOTICES Where: Ql_83_SS = latent heat added to the room by infiltration air for a comparable singlespeed portable air conditioner, at the 83 °F dry-bulb outdoor condition in Table 1 of this appendix, in Btu/h. ˙ 83_SS = dry air mass flow rate of infiltration m air for a comparable single-speed portable air conditioner, at the 83 °F drybulb outdoor condition in Table 1 of this appendix, in lb/m. Hfg. = latent heat of vaporization for water vapor, 1061 Btu/lbm. wia_95 and wia_83 = humidity ratios of the 95 °F and 83 °F dry-bulb infiltration air, 0.0141 and 0.01086 lbw/lbda, respectively. windoor = humidity ratio of the indoor chamber air, 0.0112 lbw/lbda.60 = conversion factor from minutes to hours. Where: CEERSS and CEERSS_CLF = combined energy efficiency ratio for a comparable singlespeed portable air conditioner without VerDate Sep<11>2014 16:34 Aug 08, 2019 Jkt 247001 The total heat contribution of the infiltration air for a comparable singlespeed portable air conditioner at Condition B in Table 1 of this appendix is the sum of the sensible and latent heat calculated above in this section: Qinfiltration_83_SS = Qs_83_SS + Ql_83_SS Where: Qinfiltration_83_SS = total infiltration air heat in cooling mode for a comparable singlespeed portable air conditioner at the 83 °F dry-bulb outdoor condition in Table 1 of this appendix, in Btu/h. Qs_83_SS = sensible heat added to the room by infiltration air for a comparable single-speed portable air conditioner, at the 83 °F dry-bulb outdoor condition in Table 1 of this appendix, in Btu/h. Ql_83_SS = latent heat added to the room by infiltration air for a comparable singlespeed portable air conditioner, at the 83 °F dry-bulb outdoor condition in Table 1 of this appendix, in Btu/h. 5.5.4 Adjusted Cooling Capacity for a Comparable Single-Speed Portable Air Conditioner at the Lower Outdoor Test Condition. Calculate the adjusted cooling capacity for a comparable single-speed portable air conditioner at Condition B in Table 1 of this appendix with and without cycling losses, ACC83_ SS and ACC83_SS_CLF, respectively, expressed in Btu/h, according to the following equations. ACC83_SS = Capacity83_SS ¥ Qduct_83_SS ¥ Qinfiltration_83_SS ACC83_SS_CLF = Capacity83_SS_CLF ¥ Qduct_83_SS ¥ Qinfiltration_83_SS Where: ACC83_SS and ACC83_SS_CLF = adjusted cooling capacity for a comparable singlespeed portable air conditioner at Condition B in Table 1 of this appendix without and with cycling losses, respectively, in Btu/h. Capacity83_SS and Capacity83_SS_CLF = comparable single-speed portable air conditioner cooling capacity without and with cycling losses, respectively, in Btu/ and with cycling losses considered, respectively, in Btu/Wh. ACC95 = adjusted cooling capacity, tested for the variable-speed portable air conditioner at the 95 °F outdoor PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 h, at Condition B in Table 1, calculated in section 5.5.1 of this appendix. Qduct_83_SS = total heat transferred from the ducts to the indoor conditioned space in cooling mode for a comparable singlespeed portable air conditioner at the 83 °F dry-bulb outdoor test condition, in Btu/h, calculated in section 5.5.2 of this appendix. Qinfiltration_83_SS = total infiltration air heat in cooling mode for a comparable singlespeed portable air conditioner at the 83 °F dry-bulb outdoor condition, in Btu/ h, calculated in section 5.5.3 of this appendix. 5.5.5 Annual Energy Consumption in Cooling Mode for a Comparable SingleSpeed Portable Air Conditioner at the Lower Outdoor Test Condition. Calculate the annual energy consumption in cooling mode for a comparable single-speed portable air conditioner at Condition B in Table 1 of this appendix, expressed in kWh/year, according to the following equations. AEC83_SS = P83_SS × t × k Where: AEC83_SS = annual energy consumption for a comparable single-speed portable air conditioner in cooling mode at the 83 °F dry-bulb outdoor condition, in kWh/ year. P83_SS = comparable single-speed portable air conditioner electrical power input, in watts, calculated for the 83 °F dry-bulb outdoor condition in section 5.5.1. t = number of cooling mode hours per year, 750. k = 0.001 kWh/Wh conversion factor from watt-hours to kilowatt-hours. 5.5.6 Combined Energy Efficiency Ratio for a Comparable Single-Speed Portable Air Conditioner. Calculate the combined energy efficiency ratio for a comparable single-speed portable air conditioner without and with cycling losses considered, CEERSS and CEERSS_ CLF, respectively, expressed in Btu/Wh, according to the following: condition in Table 1 of this appendix, in Btu/h, calculated in section 5.1 of this appendix. ACC83_SS and ACC83_SS_CLF = adjusted cooling capacity for a comparable single- E:\FR\FM\09AUN1.SGM 09AUN1 EN09AU19.099</GPH> the 83 °F dry-bulb outdoor condition in Table 1 of this appendix, in Btu/h. ˙ 83_SS = dry air mass flow rate of infiltration m air for a comparable single-speed portable air conditioner, at the 83 °F drybulb outdoor condition in Table 1 of this appendix, in lb/m. cp_da = specific heat of dry air, 0.24 Btu/lbm ¥ °F. cp_wv = specific heat of water vapor, 0.444 Btu/lbm ¥ °F. Tindoor = indoor chamber dry-bulb temperature, 80 °F. Tia_95 and Tia_83 = infiltration air dry-bulb temperatures for the two test conditions in Table 1 of this appendix, 95 °F and 83 °F, respectively. wia_95 and wia_83 = humidity ratios of the 95 °F and 83 °F dry-bulb infiltration air, 0.0141 and 0.01086 lbw/lbda, respectively. windoor = humidity ratio of the indoor chamber air, 0.0112 lbw/lbda. 60 = conversion factor from minutes to hours. 39285 Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Notices speed portable air conditioner at the 83 °F outdoor condition in Table 1 of this appendix without and with cycling losses, respectively, in Btu/h, calculated in section 5.5.4 of this appendix. AEC95 = annual energy consumption for the variable-speed portable air conditioner at the 95 °F outdoor conditions in Table 1 of this appendix, in kWh/year, calculated in section 5.3 of this appendix. AEC83_SS = annual energy consumption for a comparable single-speed portable air conditioner in cooling mode at the 83 °F dry-bulb outdoor condition, in kWh/ year, calculated in section 5.5.5 of this appendix. AECT = total annual energy consumption for the variable-speed portable air conditioner attributed to all modes except cooling, in kWh/year, calculated in section 5.3 of this appendix. t = number of cooling mode hours per year, 750. k = 0.001 kWh/Wh conversion factor for watt-hours to kilowatt-hours. 0.2 = weighting factor for the 95 °F dry-bulb outdoor condition test. 0.8 = weighting factor for the 83 °F dry-bulb outdoor condition test. 5.5.7 Variable-Speed Portable Air Conditioner Performance Adjustment Factor. Calculate the variable-speed portable air conditioner performance adjustment factor, Fp. Where: Fp = variable-speed portable air conditioner performance adjustment factor. CEERSS and CEERSS_CLF = combined energy efficiency ratio for a comparable singlespeed portable air conditioner without and with cycling losses considered, respectively, in Btu/Wh. 5.5.8 Variable-Speed Portable Air Conditioner Combined Energy Efficiency Ratio. For single-duct and dual-duct variable-speed portable air conditioners, multiply the combined energy efficiency ratio, CEERDD, expressed in Btu/Wh, determined in section 5.4 by (1 + Fp) to obtain the final CEER for variable-speed portable air conditioners. Where: Fp = variable-speed portable air conditioner performance adjustment factor, determined in section 5.5.7 of this appendix.’’ khammond on DSKBBV9HB2PROD with NOTICES IV. Application for Interim Waiver LG also hereby applies for an interim waiver of the applicable test procedure requirements for the LG basic models set forth in the Appendix. LG meets the criteria for an interim waiver. LG’s Petition for Waiver is likely to be granted because the test method contained in 10 CFR part 430, subpart VerDate Sep<11>2014 16:34 Aug 08, 2019 Jkt 247001 B, Appendix CC clearly does not address the VSC characteristics of these LG basic models and does not properly account for the favorable difference in cycling losses resulting from use of VSC technology. Thus, the test procedure does not accurately measure these models’ energy consumption. Without waiver relief, LG would be subject to requirements that are inapplicable to these products. Additionally, LG will suffer economic hardship and be at a competitive disadvantage if it must wait to rate these basic models pending a determination on the petition for waiver. DOE approval of LG’s interim waiver application is also supported by sound public policy. These LG products employ advanced technology that increases efficiency and reduces energy consumption, while offering a new level of affordable comfort to consumers. V. Conclusion LG respectfully requests that DOE grant its Petition for Waiver of the applicable test procedure for specified basic models, and also grant its Application for Interim Waiver. LG requests expedited treatment of the Petition and Application. Respectfully submitted, Scott Harris/s/, Richard C. Wingate, Vice President, Compliance and General Counsel. LG Electronics USA, Inc., 1000 Sylvan Avenue, Englewood Cliffs, NJ 07632, (201) 816 2000 Scott Blake Harris, Stephanie Weiner, John A. Hodges, Harris, Wiltshire & Grannis LLP, 1919 M Street, NW, 8th Floor, Washington, DC 20036, (202) 730–1300 Counsel to LG Electronics USA, Inc. May 15, 2018. Appendix The waiver and interim waiver requested herein should apply to testing and rating of the following basic models that are manufactured by LG: LP1419IVSM LP1419HVSM LP1219IVSM LP1019IVSM LP0819IVSM [FR Doc. 2019–17083 Filed 8–8–19; 8:45 am] BILLING CODE 6450–01–P PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 DEPARTMENT OF ENERGY [Case Number 2018–002; EERE–2018–BT– WAV–002] Energy Conservation Program: Decision and Order Granting a Waiver Store It Cold From the Department of Energy Walk-in Cooler Refrigeration System Test Procedure 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 2018–002) that grants Store It Cold a waiver from specified portions of the DOE test procedure for determining the energy efficiency of specified walk-in refrigeration system models. Store It Cold is required to test and rate specified basic models of its walk-in cooler refrigeration system in accordance with the alternate test procedure specified. DATES: The Decision and Order is effective on August 9, 2019. The Decision and Order will terminate upon the compliance date of any future amendment to the test procedure for walk-in cooler refrigeration systems located at 10 CFR part 431, subpart R, appendix C that addresses the issues presented in this waiver. At such time, Store It Cold must use the relevant test procedure for this equipment 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. Email: AS_Waiver_Requests@ee.doe.gov. Mr. Michael Kido, 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) 586–8145. Email: Michael.Kido@hq.doe.gov. SUPPLEMENTARY INFORMATION: In accordance with Title 10 of the Code of Federal Regulations (10 CFR 431.401(f)(2)), DOE gives notice of the issuance of its Decision and Order as set forth below. The Decision and Order grants Store It Cold a waiver from the applicable test procedure at 10 CFR part 431, subpart R, appendix C for specified basic models of walk-in cooler refrigeration systems provided that SUMMARY: E:\FR\FM\09AUN1.SGM 09AUN1 EN09AU19.100</GPH> 39286

Agencies

[Federal Register Volume 84, Number 154 (Friday, August 9, 2019)]
[Notices]
[Pages 39274-39286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17083]


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DEPARTMENT OF ENERGY

[Case Number 2018-004; EERE-2018-BT-WAV-0007]


Energy Conservation Program: Petition for Waiver of LG 
Electronics USA, Inc. From the Department of Energy Portable Air 
Conditioner 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 document announces receipt of and publishes a petition 
for waiver from LG Electronics USA, Inc. (``LG''), which seeks an 
exemption from the U.S. Department of Energy (``DOE'') test procedure 
used for determining the efficiency of specified portable air 
conditioner basic models. LG seeks to use an alternate test procedure 
to address issues involved in testing the basic models identified in 
its petition. According to LG, the current DOE test procedure for 
single-duct portable air conditioners does not take into account the 
benefits of portable air conditioners that use variable-speed 
compressors (``variable-speed portable air conditioners''), due to 
their part-load performance characteristics, and misrepresents their 
actual energy consumption. LG requests use of an alternate test 
procedure, under which the test unit's final combined energy efficiency 
ratio (``CEER'') metric would be calculated by multiplying the unit's 
measured CEER value (as measured according to the existing procedure 
for a single-duct portable air conditioner) by a ``performance 
adjustment factor.'' The performance adjustment factor would reflect 
the performance improvement associated with avoiding

[[Page 39275]]

cycling losses as a result of implementing a variable-speed compressor, 
when tested under the two rating conditions currently used for testing 
dual-duct portable air conditioners. DOE grants LG an interim waiver 
from DOE's portable air conditioner test procedure for the basic models 
listed in the interim waiver, subject to use of the alternate test 
procedure as set forth in the Interim Waiver Order. DOE solicits 
comments, data, and information concerning LG's petition and its 
suggested alternate test procedure to inform its final decision on LG's 
waiver request.

DATES: Written comments and information are requested and will be 
accepted on or before September 9, 2019.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at https://www.regulations.gov. 
Alternatively, interested persons may submit comments, identified by 
case number ``2018-004'', and Docket number ``EERE-2018-BT-WAV-0007,'' 
by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include the case number 
[Case No. 2018-004] in the subject line of the message.
     Postal Mail: Appliance and Equipment Standards Program. 
Department of Energy, Office of Energy Efficiency and Renewable Energy, 
Building Technologies Office, Mailstop EE-5B, Petition for Waiver Case 
No. 2018-004, 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. If possible, 
please submit all items on a ``CD'', in which case it is not necessary 
to include printed copies.
    No telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section V of this document.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at https://www.regulations.gov. All documents in the docket are 
listed in the https://www.regulations.gov index. However, some documents 
listed in the index, such as those containing information that is 
exempt from public disclosure, may not be publicly available.
    The docket web page can be found at https://www.regulations.gov/docket?D=EERE-2018-BT-WAV-0007. The docket web page contains simple 
instruction on how to access all documents, including public comments, 
in the docket. See section V for information on how to submit comments 
through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, Mailstop EE-5B, 1000 Independence Avenue SW, 
Washington, DC 20585-0121. Email: [email protected].
    Ms. Sarah Butler, 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) 586-1777. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Authority

    The Energy Policy and Conservation Act of 1975, as amended 
(``EPCA''),\1\ among other things, authorizes DOE to regulate the 
energy efficiency of a number of consumer products and industrial 
equipment. (42 U.S.C. 6291-6317) Title III, Part B \2\ of EPCA 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles. In addition to specifying a list of covered products 
and industrial equipment, EPCA contains provisions that enable the 
Secretary of Energy to classify additional types of consumer products 
as covered products. (42 U.S.C. 6292(a)(20)) In a final determination 
of coverage published in the Federal Register on April 18, 2016 (the 
``April 2016 Final Coverage Determination''), DOE classified portable 
air conditioners as covered products under EPCA. 81 FR 22514. The test 
procedure for portable air conditioners is contained in the Code of 
Federal Regulations (``CFR'') at 10 CFR part 430, subpart B, appendix 
CC (``appendix CC'').
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    \1\ All references to EPCA in this document refer to the statute 
as amended through America's Water Infrastructure Act of 2018, 
Public Law 115-270 (October 23, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
---------------------------------------------------------------------------

    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE is required to follow when prescribing or amending test procedures 
for covered products. EPCA requires that any test procedures prescribed 
or amended under this section must be reasonably designed to produce 
test results which reflect energy efficiency, energy use or estimated 
annual operating cost of a covered product during a representative 
average use cycle or period of use and requires that test procedures 
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
    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). 
DOE may grant the waiver subject to conditions, including adherence to 
an alternate test procedure. Id.
    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 provides that DOE may grant an interim 
waiver if it appears likely that the underlying petition for waiver 
will be granted and/or if DOE determines that it would be desirable for 
public policy reasons to grant immediate relief pending a determination 
on the underlying petition for waiver. 10 CFR 430.27(e)(2). Within one 
year of issuance of an interim waiver, DOE will either: (i) Publish in 
the Federal Register a determination on the petition for waiver; or 
(ii) publish in the Federal Register a new or amended test procedure 
that addresses the issues presented in the waiver. 10 CFR 430.27(h)(1).
    When DOE amends the test procedure to address the issues presented 
in a waiver, the waiver will automatically terminate on the date on 
which use of that test procedure is required to demonstrate compliance. 
10 CFR 430.27(h)(2).

[[Page 39276]]

II. LG's Petition for Waiver and Petition for Interim Waiver

    On May 15, 2018, LG filed a petition for waiver and a petition for 
interim waiver from the test procedure for portable air conditioners, 
set forth in appendix CC. In the petition, LG requested relief for the 
following portable air conditioner basic models: LP1419IVSM, 
LP1419HVSM, LP1219IVSM, LP1019IVSM, and LP0819IVSM.\3\ LG notes that 
the current DOE test procedure for portable air conditioners requires 
testing dual-duct portable air conditioners under two operating 
conditions, one measuring peak-load performance (i.e., at a high-
temperature outdoor operating condition) and another measuring a 
reduced-load performance (i.e., at a lower outdoor temperature 
operating condition). For single-duct portable air conditioners, the 
test procedure requires testing at only the high-temperature outdoor 
operating condition. LG asserts that the current DOE test procedure for 
single-duct portable air conditioners does not take into account the 
specific performance and efficiency benefits associated with single-
duct variable-speed portable air conditioners under part-load 
conditions.
---------------------------------------------------------------------------

    \3\ LG provided these basic model numbers in its May 15, 2018 
petition.
---------------------------------------------------------------------------

    LG stated that single-duct variable-speed portable air conditioners 
constantly use frequency controls to adjust the compressor rotation 
speed to maintain the desired temperature in the home without turning 
the motor on and off; that the compressor responds automatically to 
surrounding conditions to operate in the most efficient possible 
manner; and that this results in both significant energy savings and 
faster cooling compared to a portable air conditioner without a 
variable-speed compressor. LG asserted that, because the DOE test 
procedure does not account for the general part-load performance 
benefits of single-duct variable-speed portable air conditioners or 
properly account for the favorable difference in cycling losses for 
single-duct variable-speed portable air conditioners resulting from use 
of variable-speed technology, the results of the test procedure are not 
representative of the actual energy consumption of single-duct 
variable-speed portable air conditioners.
    LG also requested 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 test procedure 
does not accurately measure the energy consumption of single-duct 
variable-speed portable air conditioners, and without waiver relief, 
the test results would not reflect the part-load characteristics of the 
basic models listed above.

III. Requested Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures when 
making representations about the energy consumption and energy 
consumption costs of covered products. (42 U.S.C. 6293(c)) Consistent 
representations are important when making representations about the 
energy efficiency of products, including when demonstrating compliance 
with applicable DOE energy conservation standards. Pursuant to its 
regulations at 10 CFR 430.27, and after consideration of public 
comments on the petition, DOE may establish in a subsequent Decision 
and Order an alternate test procedure for the basic models addressed by 
the interim waiver.
    In its petition, LG requests testing the basic models listed in its 
petition according to the test procedure for portable air conditioners 
prescribed by DOE in appendix CC, except that single-duct variable-
speed portable air conditioners would be tested at both the high- and 
low-temperature outdoor operating conditions to measure a weighted-
average combined energy efficiency ratio (CEER). LG also suggests an 
additional set of calculations to model the CEER of a theoretical 
comparable single-speed portable air conditioner with and without 
cycling losses.\4\ From these results, a ``performance adjustment 
factor'' would be calculated, representing the performance improvement 
associated with avoiding cycling losses. The performance adjustment 
factor would then be multiplied by the measured CEER value for the 
variable-speed portable air conditioner according to appendix CC to 
determine the test unit's final rated CEER value. LG states that this 
approach takes into account performance and efficiency improvements 
associated with single-duct variable-speed portable air conditioners as 
compared to single-duct portable air conditioners with single-speed 
compressors.
---------------------------------------------------------------------------

    \4\ In its suggested alternate test procedure, LG included 
provisions regarding dual-duct variable-speed portable air 
conditioners. However, the basic models specified in LG's petition 
for waiver and petition for interim waiver are single-duct models 
only. As such, the alternate test procedure specified by DOE 
addresses only the single-duct variable-speed portable air 
conditioners listed by LG.
---------------------------------------------------------------------------

IV. Grant of an Interim Waiver

    DOE has reviewed the materials submitted in LG's petition. DOE has 
been unable to identify or review any marketing materials, website, or 
brochure for basic models LP1419IVSM, LP1419HVSM, LP1219IVSM, 
LP1019IVSM, and LP0819IVSM because they currently are not available in 
the U.S. market. The materials submitted support LG's assertion of the 
part-load characteristics of the single-duct variable-speed portable 
air conditioners and that the DOE test procedure may yield results that 
are unrepresentative of their true energy consumption characteristics. 
In particular, the DOE test procedure does not capture the relative 
efficiency improvements due to cycling loss avoidance that can be 
achieved by single-duct variable-speed portable air conditioners over a 
range of operating conditions compared to single-speed portable air 
conditioners. Without an alternate test procedure, the CEER values of 
single-duct variable-speed portable air conditioners would suggest that 
such portable air conditioners would consume at least as much energy 
annually as a theoretical comparable single-speed portable air 
conditioner, despite the anticipated benefits of improved performance 
under part-load conditions. DOE has reviewed the alternate procedure 
suggested by LG, along with additional performance modeling and 
analysis performed by DOE. Based on this review it appears that the 
suggested alternate test procedure will allow for the generally 
accurate measurement of efficiency of the specified basic models of 
single-duct variable-speed potable air conditioners, with certain 
additional requirements. First, the alternate test procedure provides 
compressor speed nomenclature and definitions that are derived from 
those in industry standards for testing consumer central air 
conditioning products with variable-speed compressors, with additional 
specificity for the low compressor speed definition that ensures the 
portable air conditioner provides adequate cooling capacity under 
reduced loads based on the expected load at those conditions.\5\

[[Page 39277]]

Second, LG must maintain the compressor speed required for each test 
condition in accordance with the instructions LG has provided to 
DOE.6 7
---------------------------------------------------------------------------

    \5\ The compressor speed nomenclature and definition 
clarifications are derived from Air-Conditioning, Heating, and 
Refrigeration Institute Standard (AHRI) 210/240-2017, ``Performance 
Rating of Unitary Air-conditioning & Air-source Heat Pump 
Equipment'', and adapted to be applicable to portable ACs. Equation 
11.60 in AHRI 210/240-2017 relates the building load to an AC's 
full-load cooling capacity and outdoor temperature, and assumes 
full-load operation at 98 [deg]F outdoor temperature. DOE adjusted 
(i.e. normalized) this equation to reflect full-load operation at 95 
[deg]F outdoor temperature, to provide consistency with the full-
load test condition for portable ACs. Using the adjusted equation 
suggests that the representative cooling load at the 83 [deg]F 
rating condition would be 60 percent of the full-load cooling 
capacity for portable air conditioners. DOE recognizes that 
variable-speed portable ACs may use compressors that vary their 
speed in discrete steps and may not be able to operate at a speed 
that provides exactly 60 percent cooling capacity; therefore, the 
defined cooling capacity associated with the low compressor speed is 
presented as a 10-percent range rather than a single value. 60 
percent cooling load is the upper bound of the 10-percent range 
defining the cooling capacity associated with the lower compressor 
speed (i.e., the range is defined as 50 to 60 percent). This ensures 
that the variable-speed portable AC is capable of matching the 
representative cooling load (60 percent of the maximum) at the 83 
[deg]F rating condition, while providing the performance benefits 
associated with variable-speed operation. In contrast, if the 10-
percent range were to be defined as, for example, 55 to 65 percent 
(with 60 percent as the midpoint), a variable-speed portable AC 
could be tested at 63 percent, for example, without demonstrating 
the capability to maintain variable-speed performance down to 60 
percent.
    \6\ Pursuant to 10 CFR 1004.11, if the manufacturer submits 
information that it believes to be confidential and exempt by law 
from public disclosure, the manufacturer 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. DOE will make its own determination about the 
confidential status of the information and treat it according to its 
determination.
    \7\ The instructions provided by LG were marked as confidential 
and, as such, the instructions will be treated as confidential. The 
document is located in the docket at https://www.regulations.gov/document?D=EERE-2018-BT-WAV-0007.
---------------------------------------------------------------------------

    Specifically, DOE has found that the suggested alternate test 
procedure will produce final CEER values for the single-duct variable-
speed portable air conditioners that will reflect the average 
performance improvement associated with variable-speed compressors as 
compared to theoretical comparable single-speed portable air 
conditioners under the same test conditions. Consequently, it appears 
likely that LG's petition for waiver will be granted. Furthermore, DOE 
has determined that it is desirable for public policy reasons to grant 
LG immediate relief pending a determination of the petition for waiver.
    For the reasons stated, DOE has granted an interim waiver to LG for 
the specified portable air conditioner basic models in LG's petition. 
Therefore, DOE has issued an Order stating:
    (1) LG must test the following portable air conditioner basic 
models with the alternate test procedure set forth in paragraph (2):

------------------------------------------------------------------------
                  Brand                             Basic model
------------------------------------------------------------------------
LG Electronics USA, Inc.................  LP1419IVSM
LG Electronics USA, Inc.................  LP1419HVSM
LG Electronics USA, Inc.................  LP1219IVSM
LG Electronics USA, Inc.................  LP1019IVSM
LG Electronics USA, Inc.................  LP0819IVSM
------------------------------------------------------------------------

    (2) The alternate test procedure for the LG basic models referenced 
in paragraph (1) is the test procedure for portable air conditioners 
prescribed by DOE at appendix CC to subpart B of 10 CFR part 430 
(Appendix CC), except: (i) Determine the combined energy efficiency 
ratio (CEER) as detailed below, and (ii) calculate the estimated annual 
operating cost in 10 CFR 430.23(dd)(2) as detailed below. In addition, 
for each basic model listed in paragraph (1), maintain the compressor 
speeds at each test condition, and set the control settings used for 
the variable components, according to the instructions submitted to DOE 
by LG. Upon the compliance date of any new energy conservation 
standards for portable air conditioners, LG must report product 
specific information pursuant to 10 CFR 429.12(b)(13) and 10 CFR 
429.62(b). All other requirements of Appendix CC and DOE's regulations 
remain applicable. In 10 CFR 430.23, in paragraph (dd) revise paragraph 
(2) to read as follows:
    (2) Determine the estimated annual operating cost for a single-duct 
variable-speed portable air conditioner, expressed in dollars per year, 
by multiplying the following two factors:
    (i) The sum of AEC95 multiplied by 0.2, AEC83 
multiplied by 0.8, and AECT as measured in accordance with 
section 5.3 of appendix CC of this subpart; and
    (ii) A representative average unit cost of electrical energy in 
dollars per kilowatt-hour as provided by the Secretary.
    (iii) Round the resulting product to the nearest dollar per year.
    In Appendix CC:
    Add in Section 2, Definitions:
    2.11 Single-speed means a type of portable air conditioner that 
cannot automatically adjust the compressor speed, based on detected 
conditions.
    2.12 Variable-speed means a type of portable air conditioner that 
can automatically adjust the compressor speed, based on detected 
conditions.
    2.13 Full compressor speed (full) means the compressor speed 
specified by the manufacturer at which the unit operates at full load 
testing conditions.
    2.14 Low compressor speed (low) means the compressor speed 
specified by the manufacturer at which the unit operates at low load 
test conditions, such that the measured cooling capacity at Condition B 
in Table 1 of this appendix, i.e., Capacity83, is not less 
than 50 percent and not greater than 60 percent of the measured cooling 
capacity with the full compressor speed at Condition A in Table 1 of 
this appendix, i.e., Capacity95.
    Add to the end of Section 3.1.2, Control settings:
    Set the compressor speed during cooling mode testing as described 
in section 4.1, as amended by this interim waiver.
    Replace Section 4.1, Cooling mode with the following:
    Cooling mode. Measure the indoor room cooling capacity and overall 
power input in cooling mode in accordance with Section 7.1.b and 7.1.c 
of ANSI/AHAM PAC-1-2015 (incorporated by reference; see Sec.  430.3), 
respectively. Determine the test duration in accordance with Section 
8.7 of ASHRAE Standard 37-2009 (incorporated by reference; Sec.  
430.3). Apply the test conditions presented in Table 1 of this appendix 
instead of the test conditions in Table 3 of ANSI/AHAM PAC-1-2015. 
Measure the indoor room cooling capacity and overall power input in 
accordance with ambient conditions for Test Configuration 3, Condition 
A (Capacity95, P95) in Table 1 of this appendix, 
with the compressor speed set to full, for the duration of cooling mode 
testing, and then measure the indoor room cooling capacity and overall 
power input a second time in accordance with the ambient conditions for 
Test Configuration 3, Condition B (Capacity83, 
P83) in Table 1 of this appendix, with the compressor speed 
set to low, for the duration of cooling mode testing. Set the 
compressor speed required for each test condition in accordance with 
instructions provided to DOE. Note that for the purposes of this 
cooling mode test procedure, evaporator inlet air is considered the 
``indoor air'' of the conditioned space and condenser inlet air is 
considered the ``outdoor air'' outside of the conditioned space.

[[Page 39278]]



                   Table 1--Evaporator (Indoor) and Condenser (Outdoor) Inlet Test Conditions
----------------------------------------------------------------------------------------------------------------
                                                   Evaporator inlet air, [deg]F     Condenser inlet air, [deg]F
                                                             ([deg]C)                        ([deg]C)
               Test configuration                ---------------------------------------------------------------
                                                     Dry bulb        Wet bulb        Dry bulb        Wet bulb
----------------------------------------------------------------------------------------------------------------
3 (Condition A).................................       80 (26.7)       67 (19.4)       95 (35.0)       75 (23.9)
3 (Condition B).................................       80 (26.7)       67 (19.4)       83 (28.3)     67.5 (19.7)
----------------------------------------------------------------------------------------------------------------

    Revise Section 4.1.1, Duct Heat Transfer following ``Calculate the 
total heat transferred from the surface of the condenser exhaust duct 
to the indoor conditioned space while operating in cooling mode for the 
outdoor test conditions in Table 1 of this appendix, as follows.'' to 
read as follows:

Qduct_95 = h x Aduct x (Tduct_95-
Tei)
Qduct_83 = h x Aduct x (Tduct_83-
Tei)

Where:

Qduct_95 and Qduct_83 = the total heat 
transferred from the condenser exhaust duct to the indoor 
conditioned space in cooling mode, in Btu/h, when tested according 
to the 95 [deg]F dry-bulb and 83 [deg]F dry-bulb outdoor test 
conditions in Table 1 of this appendix, respectively.
h = convection coefficient, 3 Btu/h per square foot per [deg]F.
Aduct = surface area of the condenser exhaust duct, in 
square feet.
Tduct_95 and Tduct_83 = average surface 
temperature for the condenser exhaust duct, as measured during 
testing according to the two outdoor test conditions in Table 1 of 
this appendix, in [deg]F.
Tei = average evaporator inlet air dry-bulb temperature, 
in [deg]F.

    Replace Section 4.1.2, Infiltration Air Heat Transfer with the 
following:
    Infiltration Air Heat Transfer. Calculate the heat contribution 
from infiltration air for both cooling mode outdoor test conditions, as 
described in this section. Calculate the dry air mass flow rate of 
infiltration air according to the following equations:
[GRAPHIC] [TIFF OMITTED] TN09AU19.091

Where:

m95 and m83 = dry air mass flow rate of 
infiltration air, as calculated based on testing according to the 
test conditions in Table 1 of this appendix, in lb/m.
Vco_95 and Vco_83 = average volumetric flow 
rate of the condenser outlet air during cooling mode testing at the 
95 [deg]F and 83 [deg]F dry-bulb outdoor conditions, respectively, 
in cubic feet per minute (cfm), as determined in section 4.1 of this 
appendix.
Vci_95, and Vci_83 = average volumetric flow 
rate of the condenser inlet air during cooling mode testing at the 
95 [deg]F and 83 [deg]F dry-bulb outdoor conditions, respectively, 
in cfm, as determined in section 4.1 of this appendix.
[rho]co_95 and [rho]co_83 = average density of 
the condenser outlet air during cooling mode testing at the 95 
[deg]F and 83 [deg]F dry-bulb outdoor conditions, respectively, in 
pounds mass per cubic foot (lbm/ft\3\), as determined in 
section 4.1 of this appendix.
[rho]ci_95, and [rho]ci_83 = average density 
of the condenser inlet air during cooling mode testing at the 95 
[deg]F and 83 [deg]F dry-bulb outdoor conditions, respectively, in 
lbm/ft\3\, as determined in section 4.1 of this appendix.
[omega]co_95 and [omega]co_83 = average 
humidity ratio of condenser outlet air during cooling mode testing 
at the 95 [deg]F and 83 [deg]F dry-bulb outdoor conditions, 
respectively, in pounds mass of water vapor per pounds mass of dry 
air (lbw/lbda), as determined in section 4.1 
of this appendix.
[omega]ci_95 and [omega]ci_83 = average 
humidity ratio of condenser inlet air during cooling mode testing at 
the 95 [deg]F and 83 [deg]F dry-bulb outdoor conditions, 
respectively, in lbw/lbda, as determined in 
section 4.1 of this appendix.

    Replace Section 5.1, Adjusted Cooling Capacity with the following:
    Adjusted Cooling Capacity. Calculate the adjusted cooling 
capacities for portable air conditioners, ACC95 and 
ACC83, expressed in Btu/h, according to the following 
equations.

ACC83 = Capacity95-Qduct_95-
Qinfiltration_95
ACC83 = Capacity83-Qduct_83-
Qinfiltration_83

Where:

Capacity95 and Capacity83 = cooling capacity 
measured in section 4.1 of this appendix.
Qduct_95 and Qduct_83 = duct heat transfer 
while operating in cooling mode, calculated in section 4.1.1 of this 
appendix.
Qinfiltration_95 and Qinfiltration_83 = total 
infiltration air heat transfer in cooling mode, calculated in 
section 4.1.2 of this appendix

    Replace Section 5.3, Annual Energy Consumption with the following:
    Annual Energy Consumption. Calculate the annual energy consumption 
in each operating mode, AECm, expressed in kilowatt-hours 
per year (kWh/year). Use the following annual hours of operation for 
each mode:

------------------------------------------------------------------------
                                                              Annual
                     Operating mode                          operating
                                                               hours
------------------------------------------------------------------------
Cooling Mode, Dual-Duct 95 [deg]F \1\...................             750
Cooling Mode, Dual-Duct 83 [deg]F \1\...................             750
Off-Cycle...............................................             880
Inactive or Off.........................................           1,355
------------------------------------------------------------------------
\1\ These operating mode hours are for the purposes of calculating
  annual energy consumption under different ambient conditions and are
  not a division of the total cooling mode operating hours. The total
  cooling mode operating hours are 750 hours.

AECm = Pm x tm x 0.001

Where:

AECm = annual energy consumption in each mode, in kWh/
year.
Pm = average power in each mode, in watts.
m represents the operating mode (``95'' and ``83'' cooling mode at 
the 95 [deg]F and 83 [deg]F dry-bulb outdoor conditions, 
respectively, ``oc'' off-cycle, and ``ia'' inactive or ``om'' off 
mode).
tm = number of annual operating time in each mode, in 
hours.
0.001 kWh/Wh = conversion factor from watt-hours to kilowatt-hours.

    \Total annual energy consumption in all modes except cooling, is 
calculated according to:


[[Page 39279]]


[GRAPHIC] [TIFF OMITTED] TN09AU19.092

Where:

AECT = total annual energy consumption attributed to all 
modes except cooling, in kWh/year;
AECm = total annual energy consumption in each mode, in 
kWh/year.
m represents the operating modes included in AECT (``oc'' 
off-cycle, and ``im'' inactive or ``om'' off mode).

    Replace Section 5.4, Combined Energy Efficiency Ratio with the 
following:
    Combined Energy Efficiency Ratio. Using the annual operating hours, 
as outlined in section 5.3 of this appendix, calculate the combined 
energy efficiency ratio, CEERVS, expressed in Btu/Wh, 
according to the following:
[GRAPHIC] [TIFF OMITTED] TN09AU19.103

Where:

CEERVS = combined energy efficiency ratio for the 
variable-speed portable air conditioner, in Btu/Wh.
ACC95 and ACC83 = adjusted cooling capacity, 
tested at the 95 [deg]F and 83 [deg]F dry-bulb outdoor conditions in 
Table 1 of this appendix, in Btu/h, calculated in section 5.1 of 
this appendix.
AEC95 and AEC83 = annual energy consumption 
for the two cooling mode test conditions in Table 1 of this 
appendix, in kWh/year, calculated in section 5.3 of this appendix.
AECT = total annual energy consumption attributed to all 
modes except cooling, in kWh/year, calculated in section 5.3 of this 
appendix.
750 = number of cooling mode hours per year
0.001 kWh/Wh = conversion factor for watt-hours to kilowatt-hours.
0.2 = weighting factor for the Condition A test.
0.8 = weighting factor for the Condition B test.

    Add after Section 5.4, Combined Energy Efficiency Ratio:
    5.5 Adjustment of the Combined Energy Efficiency Ratio. Adjust the 
combined energy efficiency ratio as follows.
    5.5.1 Theoretical Comparable Single-Speed Portable Air Conditioner 
Cooling Capacity and Power at the Lower Outdoor Test Condition. 
Calculate the cooling capacity and cooling capacity with cycling 
losses, expressed in British thermal units per hour (Btu/h), and 
electrical power input, expressed in watts, for a theoretical 
comparable single-speed portable air conditioner at the 83 [deg]F dry-
bulb outdoor conditions (Condition B in Table 1 of this appendix). A 
theoretical comparable single-speed portable air conditioner has the 
same cooling capacity and electrical power input, with no cycling 
losses, as the single-duct variable-speed portable air conditioner 
under test at Condition A in Table 1 of this appendix.

Capacity83_SS = Capacity95
Capacity83_SS_CLF = Capacity95 x CLF
P83_SS = P95

Where:

Capacity83_SS = theoretical comparable single-speed 
portable air conditioner cooling capacity, in Btu/h, calculated for 
Condition B in Table 1 of this appendix.
Capacity83_SS_CLF = theoretical comparable single-speed 
portable air conditioner cooling capacity with cycling losses, in 
Btu/h, calculated for Condition B in Table 1 of this appendix.
Capacity95 = cooling capacity, in Btu/h, determined in 
section 4.1 of this appendix for Condition A in Table 1 of this 
appendix.
P83_SS = theoretical comparable single-speed portable air 
conditioner electrical power input, in watts, calculated for 
Condition B in Table 1 of this appendix.
P95 = electrical power input, in watts, determined in 
section 4.1 of this appendix for Condition A in Table 1 of this 
appendix.
CLF = cycling loss factor for Condition B in Table 1 of this 
appendix, 0.875.

    5.5.2 Duct Heat Transfer for a Theoretical Comparable Single-Speed 
Portable Air Conditioner at the Lower Outdoor Test Condition. Calculate 
the condenser exhaust duct heat transfer to the conditioned space for a 
theoretical comparable single-speed portable air conditioner at the 83 
[deg]F dry-bulb outdoor conditions (Condition B in Table 1 of this 
appendix), as follows:

Qduct_83_SS = h x Aduct x (Tduct_95-
Tei)

Where:

Qduct_83_SS = total heat transferred from the ducts to 
the indoor conditioned space in cooling mode, in Btu/h, for a 
theoretical comparable single-speed portable air conditioner at 
Condition B in Table 1 of this appendix.
h = convection coefficient, 3 Btu/h per square foot per [deg]F.
Aduct = surface area of the condenser exhaust duct, in 
square feet, as calculated in section 4.1.1 of this appendix.
Tduct_95 = average surface temperature for the condenser 
exhaust duct, as measured during testing at Condition A in Table 1 
of this appendix, in [deg]F.
Tei = average evaporator inlet air dry-bulb temperature, 
in [deg]F.

    5.5.3 Infiltration Air Heat Transfer for a Theoretical Comparable 
Single-Speed Portable Air Conditioner at the Lower Outdoor Test 
Condition. Calculate the heat contribution from infiltration air for a 
theoretical comparable single-speed portable air conditioner at 
Condition B in Table 1 of this appendix, as described in this section. 
Calculate the dry air mass flow rate of infiltration air according to 
the following equations:
[GRAPHIC] [TIFF OMITTED] TN09AU19.093

Where:

m83_SS = dry air mass flow rate of infiltration air for a 
theoretical comparable single-speed portable air conditioner at 
Condition B in Table 1 of this appendix, in lb/m.
Vco_95 = actual average volumetric flow rate of the 
condenser outlet air during cooling mode testing at Condition A in 
Table 1 of this appendix, in cubic feet per minute (cfm), as 
determined in section 4.1 of this appendix.
[rho]co_95 = actual average density of the condenser 
outlet air during cooling mode

[[Page 39280]]

testing at Condition A in Table 1 of this appendix, in 
lbm/ft\3\, as determined in section 4.1 of this appendix.
[omega]co_95= average humidity ratio of condenser outlet 
air during cooling mode testing at Condition A in Table 1 of this 
appendix, in pounds mass of water vapor per pounds mass of dry air 
(lbw/lbda), as determined in section 4.1 of 
this appendix.

    Calculate the sensible component of infiltration air heat 
contribution for a theoretical comparable single-speed portable air 
conditioner at Condition B in Table 1 of this appendix as follows:

Qs_83_SS = m83_SS x 60 x [(0.24 x 
(Tia_83 - Tindoor)) + (0.444 x 
([omega]ia_83 x Tia_83 - [omega]indoor 
x Tindoor))]

Where:
Qs_83_SS = sensible heat added to the room by 
infiltration air for a theoretical comparable single-speed portable 
air conditioner, at Condition B in Table 1 of this appendix, in Btu/
h.
0.24 Btu/lbm - [deg]F = specific heat of dry air.
0.444 Btu/lbm - [deg]F = specific heat of water vapor.
Tindoor = indoor chamber dry-bulb temperature, 80 [deg]F.
Tia_95 and Tia_83 = infiltration air dry-bulb 
temperatures for Condition A and Condition B in Table 1 of this 
appendix, 95 [deg]F and 83 [deg]F, respectively.
[omega]ia_95 and [omega]ia_83 = humidity 
ratios of the infiltration air at Condition A and Condition B in 
Table 1 of this appendix, 0.0141 and 0.01086 lbw/
lbda, respectively.
[omega]indoor = humidity ratio of the indoor chamber air, 
0.0112 lbw/lbda.
60 = conversion factor from minutes to hours.
m83_SS as previously defined in this section.

    Calculate the latent component of infiltration air heat 
contribution for a theoretical comparable single-speed portable air 
conditioner at Condition B in Table 1 of this appendix as follows:

Ql_83_SS = m83_SS x 60 x 1061 x 
([omega]ia_83-0.0112)

Where:
Ql_83_SS = latent heat added to the room by infiltration 
air for a theoretical comparable single-speed portable air 
conditioner, at Condition B in Table 1 of this appendix, in Btu/h.
1061 Btu/lbm = latent heat of vaporization for water 
vapor.
0.0112 lbw/lbda = humidity ratio of the indoor 
chamber air.
60 = conversion factor from minutes to hours.
m83_SS, [omega]ia_95, and 
[omega]ia_83 as previously defined in this section.

    The total heat contribution of the infiltration air for a 
theoretical comparable single-speed portable air conditioner at 
Condition B in Table 1 of this appendix is the sum of the sensible and 
latent heat calculated above in this section:

Qinfiltration_83_SS = Qs_83_SS + 
Ql_83_SS

Where:
Qinfiltration_83_SS = total infiltration air heat in 
cooling mode for a theoretical comparable single-speed portable air 
conditioner at Condition B in Table 1 of this appendix, in Btu/h.
Qs_83_SS, Ql_83_SS as previously defined.

    5.5.4 Adjusted Cooling Capacity for a Theoretical Comparable 
Single-Speed Portable Air Conditioner at the Lower Outdoor Test 
Condition. Calculate the adjusted cooling capacity for a theoretical 
comparable single-speed portable air conditioner at Condition B in 
Table 1 of this appendix with and without cycling losses, 
ACC83_SS and ACC83_SS_CLF, respectively, 
expressed in Btu/h, according to the following equations:

ACC83_SS = Capacity83_SS - Qduct_83_SS 
- Qinfiltration_83_SS
ACC83_SS_CLF = Capacity83_SS_CLF - 
Qduct_83_SS - Qinfiltration_83_SS

Where:

ACC83_SS and ACC83_SS_CLF = adjusted cooling 
capacity for a theoretical comparable single-speed portable air 
conditioner at Condition B in Table 1 of this appendix without and 
with cycling losses, respectively, in Btu/h.
Capacity83_SS and Capacity83_SS_CLF = 
theoretical comparable single-speed portable air conditioner cooling 
capacity without and with cycling losses, respectively, in Btu/h, at 
Condition B in Table 1 of this appendix, calculated in section 5.5.1 
of this appendix.
Qduct_83_SS = total heat transferred from the ducts to 
the indoor conditioned space in cooling mode for a theoretical 
comparable single-speed portable air conditioner at Condition B in 
Table 1 of this appendix, in Btu/h, calculated in section 5.5.2 of 
this appendix.
Qinfiltration_83_SS = total infiltration air heat in 
cooling mode for a theoretical comparable single-speed portable air 
conditioner at Condition B in Table 1 of this appendix, in Btu/h, 
calculated in section 5.5.3 of this appendix.

    5.5.5 Annual Energy Consumption in Cooling Mode for a Theoretical 
Comparable Single-Speed Portable Air Conditioner at the Lower Outdoor 
Test Condition. Calculate the annual energy consumption in cooling mode 
for a theoretical comparable single-speed portable air conditioner at 
Condition B in Table 1 of this appendix, expressed in kWh/year, 
according to the following equations:

AEC83_SS = P83_SS x 750 x 0.001

Where:

AEC83_SS = annual energy consumption for a theoretical 
comparable single-speed portable air conditioner in cooling mode at 
Condition B in Table 1 of this appendix, in kWh/year.
P83_SS = theoretical comparable single-speed portable air 
conditioner electrical power input at Condition B in Table 1 of this 
appendix, in watts, calculated in section 5.5.1 of this appendix.
750 = number of cooling mode hours per year.
0.001 kWh/Wh = conversion factor from watt-hours to kilowatt-hours.

    5.5.6 Combined Energy Efficiency Ratio for a Theoretical Comparable 
Single-Speed Portable Air Conditioner. Calculate the combined energy 
efficiency ratio for a theoretical comparable single-speed portable air 
conditioner without and with cycling losses considered, 
CEERSS and CEERSS_CLF, respectively, expressed in 
Btu/Wh, according to the following equations:
[GRAPHIC] [TIFF OMITTED] TN09AU19.094

[GRAPHIC] [TIFF OMITTED] TN09AU19.095

Where:

CEERSS and CEERSS_CLF = combined energy 
efficiency ratio for a theoretical

[[Page 39281]]

comparable single-speed portable air conditioner without and with 
cycling losses considered, respectively, in Btu/Wh.
ACC95 = adjusted cooling capacity, tested for the single-
duct variable-speed portable air conditioner at Condition A in Table 
1 of this appendix, in Btu/h, calculated in section 5.1 of this 
appendix.
ACC83_SS and ACC83_SS_CLF = adjusted cooling 
capacity for a theoretical comparable single-speed portable air 
conditioner at Condition B in Table 1 of this appendix without and 
with cycling losses, respectively, in Btu/h, calculated in section 
5.5.4 of this appendix.
AEC95 = annual energy consumption for the sample unit at 
Condition A in Table 1 of this appendix, in kWh/year, calculated in 
section 5.3 of this appendix.
AEC83_SS = annual energy consumption for a theoretical 
comparable single-speed portable air conditioner in cooling mode at 
Condition B in Table 1 of this appendix, in kWh/year, calculated in 
section 5.5.5 of this appendix.
AECT = total annual energy consumption attributed to all 
modes except cooling for the sample unit, in kWh/year, calculated in 
section 5.3 of this appendix.
750 and 0.001 as defined previously in this section.
0.2 = weighting factor for the Condition A test.
0.8 = weighting factor for the Condition B test.

    5.5.7 Single-Duct Variable-Speed Portable Air Conditioner 
Performance Adjustment Factor. Calculate the single-duct variable-speed 
portable air conditioner performance adjustment factor, Fp, 
according to the following equation:
[GRAPHIC] [TIFF OMITTED] TN09AU19.096


Where:

CEERSS and CEERSS_CLF = combined energy 
efficiency ratio for a theoretical comparable single-speed portable 
air conditioner without and with cycling losses considered, 
respectively, in Btu/Wh, calculated in section 5.5.6 of this 
appendix.

    5.5.8 Single-Duct Variable-Speed Portable Air Conditioner Combined 
Energy Efficiency Ratio. Calculate the final combined energy efficiency 
ratio, CEER, expressed in Btu/Wh, according to the following equation:

CEER = CEERVS x (1 + Fp)

Where:

CEER = combined energy efficiency ratio for the sample unit, in Btu/
Wh.
CEERVS = combined energy efficiency ratio initially 
determined for the sample unit, in Btu/Wh, calculated in section 5.4 
of this appendix.
Fp = single-duct variable-speed portable air conditioner 
performance adjustment factor, determined in section 5.5.7 of this 
appendix.''

    (3) Representations. LG may not make representations about the 
energy efficiency of the basic models listed in paragraph (1) for 
compliance, marketing, or other purposes unless the basic model has 
been tested in accordance with the provisions in this alternate test 
procedure and such representations fairly disclose the results of such 
testing.
    (4) This interim waiver shall remain in effect according to the 
provisions of 10 CFR 430.27.
    (5) This interim waiver is issued to LG on the condition that the 
statements, representations, and information provided by LG are valid. 
DOE may revoke or modify this waiver at any time if it determines the 
factual basis underlying the petition for waiver is incorrect, or the 
results from the alternate test procedure are unrepresentative of a 
basic model's true energy consumption characteristics. 10 CFR 
430.27(k)(1). Likewise, LG may request that DOE rescind or modify the 
interim waiver if LG 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) LG remains obligated to fulfill any 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 models 
that may be manufactured by the petitioner. LG may submit a new or 
amended petition for waiver and request for grant of interim waiver, as 
appropriate, for additional basic models of portable air conditioners. 
Alternatively, if appropriate, LG 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 models set forth in the 
original petition consistent with 10 CFR 430.27(g).

V. Request for Comments

    DOE is publishing LG's petition for waiver in its entirety, 
pursuant to 10 CFR 430.27(b)(1)(iv).\8\ The petition includes a 
suggested alternate test procedure, as specified in the petition and 
summarized in section IV of this document, to determine the efficiency 
of LG's specified portable air conditioners. DOE may consider including 
the alternate procedure specified in the Interim Waiver Order, and 
restated in section IV of this document, in a subsequent Decision and 
Order.
---------------------------------------------------------------------------

    \8\ The petition did not identify any of the information 
contained therein as confidential business information.
---------------------------------------------------------------------------

    DOE invites all interested parties to submit in writing by 
September 9, 2019, 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 Scott Blake Harris, Harris, Wiltshire & Grannis LLP, 
1919 M Street NW, Eighth Floor, Washington, DC 20036.
    Submitting comments via https://www.regulations.gov. The https://www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to https://www.regulations.gov information for which 
disclosure is restricted by statute,

[[Page 39282]]

such as trade secrets and commercial or financial information 
(hereinafter referred to as Confidential Business Information 
(``CBI'')). Comments submitted through https://www.regulations.gov 
cannot be claimed as CBI. Comments received through the website will 
waive any CBI claims for the information submitted. For information on 
submitting CBI, see the Confidential Business Information section.
    DOE processes submissions made through https://www.regulations.gov 
before posting. Normally, comments will be posted within a few days of 
being submitted. However, if large volumes of comments are being 
processed simultaneously, your comment may not be viewable for up to 
several weeks. Please keep the comment tracking number that https://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to https://www.regulations.gov. If you do not want your personal 
contact information to be publicly viewable, do not include it in your 
comment or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed 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 written in English, free of any defects or viruses, and are not 
secured. 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 July 30, 2019.
 Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy Efficiency, Energy 
Efficiency and Renewable Energy.

Before the

United States Department of Energy

Washington, DC 20585

    In the Matter of: Energy Efficiency Program: Test Procedure for 
Portable Air Conditioners

Petition of LG Electronics, Inc. for Waiver and Application for Interim 
Waiver of Test Procedure for Portable Air Conditioners

    LG Electronics, Inc. (LG) respectfully submits this Petition for 
Waiver and Application for Interim Waiver \1\ from DOE's test procedure 
for portable air conditioners (PACs). LG seeks a waiver because the 
current test procedure for PACs does not accurately measure the energy 
consumption of single-duct PACs with variable speed compressors (VSCs). 
LG requests expedited treatment of the Petition and Application.
---------------------------------------------------------------------------

    \1\ See 10 CFR 430.27 (petitions for waiver and interim waiver).
---------------------------------------------------------------------------

    LG is a manufacturer of PACs and other products sold worldwide, 
including in the United States. LG's United States affiliate is LG 
Electronics USA, Inc., with headquarters at 1000 Sylvan Avenue, 
Englewood Cliffs, NJ 07632 (tel. 201-816-2000).

I. Basic Models for Which a Waiver Is Requested

    The basic models for which a waiver is requested are set forth in 
the Appendix. They are single-duct PACs distributed in commerce under 
the LG brand name.

II. Need for the Requested Waiver

    The LG PACs with VSC technology are advanced, energy efficient 
products. A VSC (inverter compressor) uses frequency controls 
constantly to adjust the compressor's rotation speed to maintain the 
desired temperature in the home without turning the motor on and off. 
The compressor responds automatically to surrounding conditions to 
operate in the most efficient possible manner. This results in both 
dramatic energy savings and faster cooling compared to products without 
VSCs. PACs with VSCs also have a higher/lower operating range (10 Hz to 
120 Hz) than those without VSC.\2\
---------------------------------------------------------------------------

    \2\ To the best of LG's knowledge, LG is the only manufacturer 
of PAC basic models distributed in commerce in the United States to 
incorporate design characteristic(s) similar to those found in the 
basic models that are the subject of this petition, namely, PAC VSC 
technology.
---------------------------------------------------------------------------

    Unfortunately, while the current DOE test procedure for dual-duct 
PACs provides that they be tested in two conditions, the test procedure 
provides for testing only with full-load performance for single-duct 
PACs.\3\ Thus, the PAC test procedure as applied to single-duct PACs 
does not take into account the benefits of VSC, with its part-load 
performance characteristics. This is also unlike the DOE test procedure 
for central air conditioners, which provides for testing with part-load 
performance for VSCs. Additionally, the PAC test procedure as applied 
to single-duct PACs does not properly account for the favorable 
difference in cycling losses resulting

[[Page 39283]]

from use of VSC technology. This technology limits the inefficiencies 
associated performance degradation from cycling losses. Cycling losses 
are avoided when the unit modulates its speed to meet a partial load 
rather than cycles on and off.
---------------------------------------------------------------------------

    \3\ 10 CFR Pt. 430, Subpart B, App. CC, Sec.  4.1, Tbl.1.
---------------------------------------------------------------------------

    DOE has recognized this serious shortcoming in the context of its 
test procedure for room air conditioners (RACs).\4\ It has stated that 
the RAC test procedure ``does not measure the benefits of technologies 
that improve part-load performance.'' \5\
---------------------------------------------------------------------------

    \4\ Id. App. F.
    \5\ 80 FR 34843, 34848 (June 18, 2015).

    The current room AC test procedure measures only the full-load 
performance at outdoor ambient conditions of 95 [deg]F dry-bulb and 
75 [deg]F wet-bulb. Therefore, technologies that improve part-load 
performance, such as multiple-speed compressors and variable-opening 
expansion devices, will not improve the rated performance of a room 
AC under the current test procedure.\6\
---------------------------------------------------------------------------

    \6\ Id.

Indeed, DOE has correctly stressed that, ``[i]n contrast, central ACs 
and heat pumps are rated'' using ``multiple rating points at different 
conditions.'' \7\ DOE has said it intends to investigate potential 
revision of the test procedure ``to account for any benefits of 
technologies that improve part-load performance.'' \8\ DOE is currently 
considering a waiver request by LG for RACs with VSCs.
---------------------------------------------------------------------------

    \7\ Id.
    \8\ Id.
---------------------------------------------------------------------------

    These considerations apply to single-duct PACs as well as dual-duct 
PACs and RACs. At the moment, however, the DOE test procedure for PACs 
as applied to single-duct PACs does not include any provision to 
account for the benefits of the part-load performance of VSCs or 
properly account for the favorable difference in cycling losses 
resulting from use of VSC technology. Therefore, the test procedure 
evaluates the LG models with VSCs in a manner that misrepresents their 
actual energy consumption. LG urges that a waiver be granted, for the 
basic models in the Appendix, that will allow use of the alternate test 
procedure discussed below. The alternate test procedure is designed to 
take into account the energy savings characteristics of VSCs, properly 
account for the favorable difference in cycling losses, and yield 
results more representative of the actual energy consumption of these 
products than the current DOE test procedure. And the rules provide 
that DOE ``will grant a waiver from the test procedure requirements'' 
in these circumstances.\9\ The waiver should continue until DOE adopts 
an applicable amended test procedure.
---------------------------------------------------------------------------

    \9\ 10 CFR 430.27(f)(2).
---------------------------------------------------------------------------

III. Proposed Alternate Test Procedure

    LG proposes the following alternate test procedure to evaluate the 
performance of the basic models listed in the Appendix. The alternate 
test procedure is the same as the existing test procedure for PACs 
except that it takes into account VSC part-load characteristics for 
single-duct PACs. It does so by providing for tests at multiple load 
conditions. Specifically:
    LG shall be required to test the performance of the basic models 
listed in the Appendix hereto according to the test procedure for 
portable air conditioners in 10 CFR part 430, subpart B, Appendix CC, 
except as follows:
    Add new Section 2.10 to Appendix CC as follows:
    ``2.10 Single-speed means a type of portable air conditioner that 
does not automatically adjust either the compressor or fan speed, or 
both, based on the detected outdoor conditions.''
    Add new Section 2.12 to Appendix CC as follows:
    ``2.12 Variable-speed means a type of portable air conditioner that 
can automatically adjust compressor and fan speed, only compressor 
speed, or only fan speed, based on the detected outdoor conditions.''
    Add the following at the end of Section 3.1.2 of Appendix CC:
    ``For a variable-speed portable air conditioner, the compressor 
speed shall be set during cooling mode testing as described in section 
4.1 of this appendix.''
    Add the following at the end of Section 4.1 of Appendix CC:
    ``For a single-duct or dual-duct variable-speed portable air 
conditioner, measure the indoor room cooling capacity and overall power 
input in accordance with ambient conditions for Test Configuration 3, 
Condition A (Capacity95, P95) with the compressor 
speed set to maximum, and then measure the indoor room cooling capacity 
and overall power input a second time in accordance with the ambient 
conditions for Test Configuration 3, Condition B 
(Capacity83, P83) with the compressor speed set 
to minimum, for the duration of cooling mode testing.''
    Add in Section 4.1.1, Duct Heat Transfer following ``Calculate the 
total heat transferred from the surface of the duct(s) to the indoor 
conditioned space while operating in cooling mode for the outdoor test 
conditions in Table 1 of this appendix, as follows.'':
    ``Variable-speed portable air conditioners shall use the dual-duct 
portable air conditioner calculations.''
    Add in Section 4.1.2, Infiltration Air Heat Transfer after 
``Calculate the heat contribution from infiltration air for single-duct 
and dual-duct portable air conditioners for both cooling mode outdoor 
test conditions, as described in this section.:
    ``Variable-speed portable air conditioners shall use the dual-duct 
portable air conditioner calculations, except that the condenser inlet 
terms shall not be included for single-duct variable-speed portable air 
conditioners.''
    Add in Section 4.1.2, Infiltration Air Heat Transfer after 
``Calculate the dry air mass flow rate of infiltration air according to 
the following equations.'':
    ``For single-duct portable air conditioners:''
    Add in Section 5.1, Adjusted Cooling Capacity after ``Calculate the 
adjusted cooling capacities for portable air conditioners, 
ACC95 and ACC83, expressed in Btu/h, according to 
the following equations.'':
    ``Variable-speed portable air conditioners shall use the dual-duct 
portable air conditioner calculations.''
    Add in Section 5.3, Annual Energy Consumption after ``Calculate the 
annual energy consumption in each operating mode, AECm, 
expressed in kilowatt-hours per year (kWh/year).'':
    ``Variable-speed portable air conditioners shall use the dual-duct 
portable air conditioner annual operating hours and calculations.''
    Add in Section 5.4, Combined Energy Efficiency Ratio after 
``expressed in Btu/Wh,'':
    ``which shall be the combined energy efficiency ratio reported in 
Sec.  429.62(b)(2) for single-speed portable air conditioners,''
    Add the following after ``according to the following:'' in Section 
5.4 of Appendix CC:
    ``Variable-speed portable air conditioners shall use the dual-duct 
portable air conditioner calculation.''
    Add the following after Section 5.4 of Appendix CC:
    ``5.5 Adjustment of the Combined Energy Efficiency Ratio for 
Variable-Speed Portable Air Conditioners. Adjust the combined energy 
efficiency ratio for variable-speed portable air conditioners as 
follows, which shall be the combined energy efficiency ratio reported 
in Sec.  429.62(b)(2) for variable-speed portable air conditioners.
    5.5.1 Comparable Single-Speed Portable Air Conditioner Cooling 
Capacity and Power at the Lower Outdoor Test Condition. Calculate the

[[Page 39284]]

cooling capacity and cooling capacity with cycling losses, expressed in 
British thermal units per hour (Btu/h), and electrical power input, 
expressed in watts, for a comparable single-speed portable air 
conditioner at the 83 [deg]F dry-bulb outdoor conditions (Condition B 
in Table 1 of this appendix).
    For a single-duct variable-speed portable air conditioner:

Capacity83_SS = Capacity95
Capacity83_SS_CLF = Capacity95 x CLF
P83_SS = P95

    For a dual-duct variable-speed portable air conditioner:

Capacity83_SS = Capacity95 x (1 + (Mc 
x (T95-T83)))
Capacity83_SS_CLF = [Capacity95 x (1 + 
(Mc x (T95-T83)))] x CLF
P83_SS = P95 x (1-(Mp x 
(T95-T83)))

Where:

Capacity83_SS = comparable single-speed portable air 
conditioner cooling capacity, in Btu/h, calculated for Condition B 
in Table 1.
Capacity83_SS_CLF = comparable single-speed portable air 
conditioner cooling capacity with cycling losses, in Btu/h, 
calculated for Condition B in Table 1.
Capacity95 = variable-speed portable air conditioner 
cooling capacity, in Btu/h, determined in section 4.1 of this 
appendix for Condition A in Table 1.
P83_SS = comparable single-speed portable air conditioner 
electrical power input, in watts, calculated for Condition B in 
Table 1.
P95 = variable-speed portable air conditioner electrical 
power input, in watts, determined in section 4.1 of this appendix 
for Condition A in Table 1.
Mc = adjustment factor to determine the increased cooling 
capacity at lower outdoor test conditions, 0.0099.
Mp = adjustment factor to determine the reduced 
electrical power input at lower outdoor test conditions, 0.0076.
T95 = outdoor dry-bulb temperature for Condition A in 
Table 1, 95 [deg]F.
T83 = outdoor dry-bulb temperature for Condition B in 
Table 1, 83 [deg]F.
CLF = cycling loss factor for Condition B, 0.875.

    5.5.2 Duct Heat Transfer for a Comparable Single-Speed Portable Air 
Conditioner at the Lower Outdoor Test Condition. Calculate the 
condenser exhaust duct and condenser inlet duct heat transfer to the 
conditioned space for a comparable single-speed portable air 
conditioner at the 83 [deg]F dry-bulb outdoor conditions (Condition B 
in Table 1 of this appendix).

    For a single-duct variable-speed portable air conditioner:

Qduct_83_SS = h x Aduct_exhaust x 
(Tduct_95_exhaust-Tei)

    For a dual-duct variable-speed portable air conditioner:

Qduct_95_inlet = h x Aduct_inlet x 
(Tduct_95_inlet-Tei)
Qduct_95_exhaust = h x Aduct_exhaust x 
(Tduct_95_exhaust-Tei)
Qduct_83_SS = MD x Qduct_95_inlet + 
Qduct_95_exhaust

Where:
Qduct_95_inlet and Qduct_95_exhaust = the heat 
transferred from the variable-speed portable air conditioner 
condenser inlet duct and condenser exhaust duct to the indoor 
conditioned space in cooling mode, in Btu/h, at the 95 [deg]F dry-
bulb outdoor test conditions in Table 1 of this appendix, 
respectively.
Qduct_83_SS = total heat transferred from the ducts to 
the indoor conditioned space in cooling mode, in Btu/h, for a 
comparable single-speed portable air conditioner at the 83 [deg]F 
dry-bulb outdoor test conditions in Table 1 of this appendix.
h = convection coefficient, 3 Btu/h per square foot per [deg]F.
Aduct_inlet and Aduct_exhaust = surface area 
of the variable-speed portable air conditioner condenser inlet and 
condenser exhaust ducts, respectively, in square feet, as calculated 
in section 4.1.1 of this appendix.
Tduct_95_inlet and Tduct_95_exhaust = average 
surface temperature for the variable-speed portable air conditioner 
condenser inlet and exhaust ducts, respectively, as measured during 
testing according to the 95 [deg]F outdoor test condition (Condition 
A in Table 1 of this appendix), in [deg]F.
Tei = variable-speed portable air conditioner average 
evaporator inlet air dry-bulb temperature, in [deg]F.
MD = adjustment factor to determine the comparable 
single-speed portable air conditioner inlet condenser duct heat 
transfer at the lower outdoor test condition, 0.241.

    5.5.3 Infiltration Air Heat Transfer for a Comparable Single-Speed 
Portable Air Conditioner at the Lower Outdoor Test Condition. Calculate 
the heat contribution from infiltration air for a comparable single-
speed portable air conditioner at Condition B in Table 1 of this 
appendix, as described in this section. Calculate the dry air mass flow 
rate of infiltration air according to the following equations:
    For a single-duct variable-speed portable air conditioner:
    [GRAPHIC] [TIFF OMITTED] TN09AU19.097
    
    For a dual-duct variable-speed portable air conditioner:
    [GRAPHIC] [TIFF OMITTED] TN09AU19.098
    

Where:

m83_SS = dry air mass flow rate of infiltration air for a 
comparable single-speed portable air conditioner at the 83 [deg]F 
dry-bulb outdoor conditions (Condition B in Table 1 of this 
appendix), in lb/m.
Vco_95 = average volumetric flow rate of the condenser 
outlet air during cooling mode testing for the variable-speed 
portable conditioner at the 95 [deg]F dry-bulb outdoor conditions, 
in cubic feet per minute (cfm).
[rho]ci_95 and [rho]ci_83 = average density of 
the condenser inlet air during cooling mode testing for the 
variable-speed portable air conditioner at the 95 [deg]F and 83 
[deg]F dry-bulb outdoor conditions, respectively, in lbm/
ft\3\.
[omega]co_95, and [omega]co_83 = average 
humidity ratio of condenser outlet air during cooling mode testing 
for the variable-speed portable air conditioner at the 95 [deg]F and 
83 [deg]F dry-bulb outdoor conditions, respectively, in pounds mass 
of water vapor per pounds mass of dry air (lbw/
lbda).

    Calculate the sensible component of infiltration air heat 
contribution for a comparable single-speed portable air conditioner at 
Condition B in Table 1 of this appendix as follows:
Qs_83_SS = m83_SS x 60 x [(cp\da x 
(Tia_83 - Tindoor)) + (cp\wv x 
([omega]ia_83 x Tia_83 - [omega]indoor x 
Tindoor))]

Where:

Qs_83_SS = sensible heat added to the room by 
infiltration air for a comparable single-speed portable air 
conditioner, at

[[Page 39285]]

the 83 [deg]F dry-bulb outdoor condition in Table 1 of this 
appendix, in Btu/h.
m83_SS = dry air mass flow rate of infiltration air for a 
comparable single-speed portable air conditioner, at the 83 [deg]F 
dry-bulb outdoor condition in Table 1 of this appendix, in lb/m.
cp_da = specific heat of dry air, 0.24 Btu/lbm 
- [deg]F.
cp_wv = specific heat of water vapor, 0.444 Btu/
lbm - [deg]F.
Tindoor = indoor chamber dry-bulb temperature, 80 [deg]F.
Tia_95 and Tia_83 = infiltration air dry-bulb 
temperatures for the two test conditions in Table 1 of this 
appendix, 95 [deg]F and 83 [deg]F, respectively.
[omega]ia_95 and [omega]ia_83 = humidity 
ratios of the 95 [deg]F and 83 [deg]F dry-bulb infiltration air, 
0.0141 and 0.01086 lbw/lbda, respectively.
[omega]indoor = humidity ratio of the indoor chamber air, 
0.0112 lbw/lbda.
60 = conversion factor from minutes to hours.

    Calculate the latent component of infiltration air heat 
contribution for a comparable single-speed portable air conditioner at 
Condition B in Table 1 of this appendix as follows:

Ql\83\SS = m83\SS x 60 x Hfg x ([omega]ia_83 - [omega] 
indoor)

Where:

Ql_83_SS = latent heat added to the room by infiltration 
air for a comparable single-speed portable air conditioner, at the 
83 [deg]F dry-bulb outdoor condition in Table 1 of this appendix, in 
Btu/h.
m83_SS = dry air mass flow rate of infiltration air for a 
comparable single-speed portable air conditioner, at the 83 [deg]F 
dry-bulb outdoor condition in Table 1 of this appendix, in lb/m.
Hfg. = latent heat of vaporization for water vapor, 1061 
Btu/lbm.
[omega]ia_95 and [omega]ia_83 = humidity 
ratios of the 95 [deg]F and 83 [deg]F dry-bulb infiltration air, 
0.0141 and 0.01086 lbw/lbda, respectively.
[omega]indoor = humidity ratio of the indoor chamber air, 
0.0112 lbw/lbda.60 = conversion factor from 
minutes to hours.

    The total heat contribution of the infiltration air for a 
comparable single-speed portable air conditioner at Condition B in 
Table 1 of this appendix is the sum of the sensible and latent heat 
calculated above in this section:

Qinfiltration_83_SS = Qs_83_SS + 
Ql_83_SS

Where:

Qinfiltration_83_SS = total infiltration air heat in 
cooling mode for a comparable single-speed portable air conditioner 
at the 83 [deg]F dry-bulb outdoor condition in Table 1 of this 
appendix, in Btu/h.
Qs_83_SS = sensible heat added to the room by 
infiltration air for a comparable single-speed portable air 
conditioner, at the 83 [deg]F dry-bulb outdoor condition in Table 1 
of this appendix, in Btu/h.
Ql_83_SS = latent heat added to the room by infiltration 
air for a comparable single-speed portable air conditioner, at the 
83 [deg]F dry-bulb outdoor condition in Table 1 of this appendix, in 
Btu/h.

    5.5.4 Adjusted Cooling Capacity for a Comparable Single-Speed 
Portable Air Conditioner at the Lower Outdoor Test Condition. Calculate 
the adjusted cooling capacity for a comparable single-speed portable 
air conditioner at Condition B in Table 1 of this appendix with and 
without cycling losses, ACC83_SS and 
ACC83_SS_CLF, respectively, expressed in Btu/h, according to 
the following equations.

ACC83_SS = Capacity83_SS - Qduct_83_SS 
- Qinfiltration_83_SS
ACC83_SS_CLF = Capacity83_SS_CLF - 
Qduct_83_SS - Qinfiltration_83_SS

Where:

ACC83_SS and ACC83_SS_CLF = adjusted cooling 
capacity for a comparable single-speed portable air conditioner at 
Condition B in Table 1 of this appendix without and with cycling 
losses, respectively, in Btu/h.
Capacity83_SS and Capacity83_SS_CLF = 
comparable single-speed portable air conditioner cooling capacity 
without and with cycling losses, respectively, in Btu/h, at 
Condition B in Table 1, calculated in section 5.5.1 of this 
appendix.
Qduct_83_SS = total heat transferred from the ducts to 
the indoor conditioned space in cooling mode for a comparable 
single-speed portable air conditioner at the 83 [deg]F dry-bulb 
outdoor test condition, in Btu/h, calculated in section 5.5.2 of 
this appendix.
Qinfiltration_83_SS = total infiltration air heat in 
cooling mode for a comparable single-speed portable air conditioner 
at the 83 [deg]F dry-bulb outdoor condition, in Btu/h, calculated in 
section 5.5.3 of this appendix.

    5.5.5 Annual Energy Consumption in Cooling Mode for a Comparable 
Single-Speed Portable Air Conditioner at the Lower Outdoor Test 
Condition. Calculate the annual energy consumption in cooling mode for 
a comparable single-speed portable air conditioner at Condition B in 
Table 1 of this appendix, expressed in kWh/year, according to the 
following equations.

AEC83_SS = P83_SS x t x k

Where:

AEC83_SS = annual energy consumption for a comparable 
single-speed portable air conditioner in cooling mode at the 83 
[deg]F dry-bulb outdoor condition, in kWh/year.
P83_SS = comparable single-speed portable air conditioner 
electrical power input, in watts, calculated for the 83 [deg]F dry-
bulb outdoor condition in section 5.5.1.
t = number of cooling mode hours per year, 750.
k = 0.001 kWh/Wh conversion factor from watt-hours to kilowatt-
hours.

    5.5.6 Combined Energy Efficiency Ratio for a Comparable Single-
Speed Portable Air Conditioner. Calculate the combined energy 
efficiency ratio for a comparable single-speed portable air conditioner 
without and with cycling losses considered, CEERSS and 
CEERSS_CLF, respectively, expressed in Btu/Wh, according to 
the following:
[GRAPHIC] [TIFF OMITTED] TN09AU19.099

Where:

CEERSS and CEERSS_CLF = combined energy 
efficiency ratio for a comparable single-speed portable air 
conditioner without and with cycling losses considered, 
respectively, in Btu/Wh.
ACC95 = adjusted cooling capacity, tested for the 
variable-speed portable air conditioner at the 95 [deg]F outdoor 
condition in Table 1 of this appendix, in Btu/h, calculated in 
section 5.1 of this appendix.
ACC83_SS and ACC83_SS_CLF = adjusted cooling 
capacity for a comparable single-

[[Page 39286]]

speed portable air conditioner at the 83 [deg]F outdoor condition in 
Table 1 of this appendix without and with cycling losses, 
respectively, in Btu/h, calculated in section 5.5.4 of this 
appendix.
AEC95 = annual energy consumption for the variable-speed 
portable air conditioner at the 95 [deg]F outdoor conditions in 
Table 1 of this appendix, in kWh/year, calculated in section 5.3 of 
this appendix.
AEC83_SS = annual energy consumption for a comparable 
single-speed portable air conditioner in cooling mode at the 83 
[deg]F dry-bulb outdoor condition, in kWh/year, calculated in 
section 5.5.5 of this appendix.
AECT = total annual energy consumption for the variable-
speed portable air conditioner attributed to all modes except 
cooling, in kWh/year, calculated in section 5.3 of this appendix.
t = number of cooling mode hours per year, 750.
k = 0.001 kWh/Wh conversion factor for watt-hours to kilowatt-hours.
0.2 = weighting factor for the 95 [deg]F dry-bulb outdoor condition 
test.
0.8 = weighting factor for the 83 [deg]F dry-bulb outdoor condition 
test.

    5.5.7 Variable-Speed Portable Air Conditioner Performance 
Adjustment Factor. Calculate the variable-speed portable air 
conditioner performance adjustment factor, Fp.
[GRAPHIC] [TIFF OMITTED] TN09AU19.100

Where:

Fp = variable-speed portable air conditioner performance 
adjustment factor.
CEERSS and CEERSS_CLF = combined energy 
efficiency ratio for a comparable single-speed portable air 
conditioner without and with cycling losses considered, 
respectively, in Btu/Wh.

    5.5.8 Variable-Speed Portable Air Conditioner Combined Energy 
Efficiency Ratio. For single-duct and dual-duct variable-speed portable 
air conditioners, multiply the combined energy efficiency ratio, 
CEERDD, expressed in Btu/Wh, determined in section 5.4 by (1 
+ Fp) to obtain the final CEER for variable-speed portable 
air conditioners.

Where:

Fp = variable-speed portable air conditioner performance 
adjustment factor, determined in section 5.5.7 of this appendix.''

IV. Application for Interim Waiver

    LG also hereby applies for an interim waiver of the applicable test 
procedure requirements for the LG basic models set forth in the 
Appendix. LG meets the criteria for an interim waiver.
    LG's Petition for Waiver is likely to be granted because the test 
method contained in 10 CFR part 430, subpart B, Appendix CC clearly 
does not address the VSC characteristics of these LG basic models and 
does not properly account for the favorable difference in cycling 
losses resulting from use of VSC technology. Thus, the test procedure 
does not accurately measure these models' energy consumption. Without 
waiver relief, LG would be subject to requirements that are 
inapplicable to these products. Additionally, LG will suffer economic 
hardship and be at a competitive disadvantage if it must wait to rate 
these basic models pending a determination on the petition for waiver.
    DOE approval of LG's interim waiver application is also supported 
by sound public policy. These LG products employ advanced technology 
that increases efficiency and reduces energy consumption, while 
offering a new level of affordable comfort to consumers.

V. Conclusion

    LG respectfully requests that DOE grant its Petition for Waiver of 
the applicable test procedure for specified basic models, and also 
grant its Application for Interim Waiver.
    LG requests expedited treatment of the Petition and Application.

Respectfully submitted,

Scott Harris/s/,

Richard C. Wingate,

Vice President, Compliance and General Counsel.

LG Electronics USA, Inc., 1000 Sylvan Avenue, Englewood Cliffs, NJ 
07632, (201) 816 2000

Scott Blake Harris,
Stephanie Weiner,
John A. Hodges,

Harris, Wiltshire & Grannis LLP, 1919 M Street, NW, 8th Floor, 
Washington, DC 20036, (202) 730-1300

Counsel to LG Electronics USA, Inc.

    May 15, 2018.

Appendix

    The waiver and interim waiver requested herein should apply to 
testing and rating of the following basic models that are 
manufactured by LG:
LP1419IVSM
LP1419HVSM
LP1219IVSM
LP1019IVSM
LP0819IVSM

[FR Doc. 2019-17083 Filed 8-8-19; 8:45 am]
 BILLING CODE 6450-01-P


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