Energy Conservation Program: Decision and Order Granting a Waiver to GD Midea Air Conditioning Equipment Co. LTD. From the Department of Energy Room Air Conditioner Test Procedure, 31481-31488 [2020-11214]

Download as PDF Federal Register / Vol. 85, No. 101 / Tuesday, May 26, 2020 / Notices doses to a hypothetical member of the public and hypothetical inadvertent intruder for 1,000 years (and beyond) after IDF closure will be well below the doses specified in the performance objectives and performance measures for LLW. In addition, the analyses demonstrate that there is reasonable expectation that safety requirements comparable to the NRC performance objectives at 10 CFR part 61, subpart C will have been met. As also shown in the Draft WIR Evaluation, the VLAW will have been incorporated into a solid form that does not exceed concentration limits for Class C LLW. DOE is consulting with NRC on this Draft WIR Evaluation and also making the Draft WIR Evaluation available for comments from the States, Tribal Nations, stakeholders and the public. After consultation with NRC, carefully considering comments received, and performing any necessary revisions of analyses and technical documents, DOE plans to issue a final WIR Evaluation. Based on the final WIR Evaluation, DOE may determine, in a future WIR Determination, whether the VLAW is incidental to reprocessing, is non-HLW, and may be managed (disposed of onsite at IDF) as LLW. Signing Authority This document of the Department of Energy was signed on May 15, 2020, by Elizabeth A. Connell, Associate Principal Deputy Assistant Secretary for Regulatory and Policy Affairs, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. Signed in Washington, DC, on May 20, 2020. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2020–11192 Filed 5–22–20; 8:45 am] BILLING CODE 6450–01–P VerDate Sep<11>2014 19:08 May 22, 2020 Jkt 250001 DEPARTMENT OF ENERGY [Case Number 2019–004; EERE–2019–BT– WAV–0009] Energy Conservation Program: Decision and Order Granting a Waiver to GD Midea Air Conditioning Equipment Co. LTD. From the Department of Energy Room Air Conditioner 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 2019–004) that grants to GD Midea Air Conditioning Equipment Co. LTD. (‘‘Midea’’) a waiver from specified portions of the DOE test procedure for determining the energy efficiency of specified room air conditioner basic models. Under the Decision and Order, Midea is required to test and rate the specified basic models of its room air conditioners in accordance with the alternate test procedure specified in the Decision and Order. DATES: The Decision and Order is effective on May 26, 2020. The Decision and Order will terminate upon the compliance date of any future amendment to the test procedure for room air conditioners located at title 10 of the Code of Federal Regulations (‘‘CFR’’), part 430, subpart B, appendix F that addresses the issues presented in this waiver. At that time, Midea must use the relevant test procedure for this product for any testing to demonstrate compliance with the applicable standards, and any 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. 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: In accordance with Title 10 of the Code of Federal Regulations (10 CFR 430.27(f)(2)), DOE gives notice of the issuance of its Decision and Order as set forth below. The Decision and Order grants Midea a waiver from the SUMMARY: PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 31481 applicable test procedure at 10 CFR part 430, subpart B, appendix F for specified basic models of room air conditioners and provides that Midea must test and rate such room air conditioners using the alternate test procedure specified in the Decision and Order. Midea’s representations concerning the energy efficiency of the specified basic models must be based on testing according to the provisions and restrictions in the alternate test procedure set forth in the Decision and Order, and the representations must fairly disclose the test results. Distributors, retailers, and private labelers also must comply with the same requirements when making representations regarding the energy efficiency of these products. (42 U.S.C. 6293(c)) Manufacturers not currently distributing room air conditioners in commerce in the United States that employ a technology or characteristic that results in the same need for a waiver from the applicable test procedure must petition for and be granted a waiver prior to the distribution in commerce of those products in the United States. 10 CFR 430.27(j). Manufacturers may also submit a request for interim waiver pursuant to the requirements of 10 CFR 430.27. Signing Authority This document of the Department of Energy was signed on May 8, 2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for Energy Efficiency, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. E:\FR\FM\26MYN1.SGM 26MYN1 31482 Federal Register / Vol. 85, No. 101 / Tuesday, May 26, 2020 / Notices Signed in Washington, DC, on May 20, 2020. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. Case #2019–004: Decision and Order I. Background and Authority The Energy Policy and Conservation Act, as amended (‘‘EPCA’’),1 authorizes the U.S. Department of Energy (‘‘DOE’’) to regulate the energy efficiency of a number of consumer products and certain 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, which sets forth a variety of provisions designed to improve energy efficiency for certain types of consumer products. These products include room air conditioners, the focus of this document. (42 U.S.C. 6292(a)(2)) The energy conservation program under EPCA consists essentially of four parts: (1) Testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. Relevant provisions of EPCA include definitions (42 U.S.C. 6291), test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), energy conservation standards (42 U.S.C. 6295), and the authority to require information and reports from manufacturers (42 U.S.C. 6296). The Federal testing requirements consist of test procedures that manufacturers of covered products must use as the basis for: (1) Certifying to DOE that their products comply with the applicable energy conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), and (2) making other representations about the efficiency of that product (42 U.S.C. 6293(c)). Similarly, DOE must use these test procedures to determine whether the product complies with relevant standards promulgated under EPCA. (42 U.S.C. 6295(s)) 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 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 (Oct. 23, 2018). 2 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated as Part A. VerDate Sep<11>2014 19:08 May 22, 2020 Jkt 250001 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)) The test procedure for room air conditioners is contained at 10 CFR part 430, subpart B, appendix F (‘‘Appendix F’’). Any interested person may submit a petition for waiver from DOE’s test procedure requirements. 10 CFR 430.27(a)(1). 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 alternate test procedures. Id. II. Midea’s Petition for Waiver: Assertions and Determinations By letter dated March 25, 2019, Midea America, Inc. filed a petition for waiver and a petition for interim waiver from the DOE room air conditioner test procedure set forth in Appendix F on behalf of GD Midea Air Conditioning Equipment Co. LTD. (‘‘Midea’’). According to Midea, the current DOE test procedure for room air conditioners, which provides for testing at full-load performance only (i.e., at a single indoor and high-temperature outdoor operating condition), does not take into account the benefits of variable-speed room air conditioners, with their part-load performance characteristics, and misrepresents their actual energy consumption.3 Midea noted that Appendix F requires testing room air conditioners only with full-load performance, in part, as a result of DOE having previously concluded that widespread use of part-load technology in room air conditioners was not likely to be stimulated by the development of a part-load metric. 76 FR 972, 1016 (January 6, 2011). Midea stated that, to operate in the most efficient possible manner, variablespeed room air conditioners adjust the compressor rotation speed based upon demand to maintain the desired 3 The specific basic models for which the petition applies are Midea brand room air conditioner basic models MAW08V1DWT, MAW08V1QWT, MAW10V1DWT, MAW10V1QWT, MAW12V1DWT, and MAW12V1QWT. These basic model names were provided by Midea in its March 25, 2019 petition. PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 temperature in the home without turning the compressor and blower motor(s) on and off. Midea claimed that, compared to room air conditioners without variable-speed compressors, this ability to adjust to conditions results in both significant energy savings and faster cooling. Midea asserted that, because the DOE test procedure does not account for partload characteristics, the results of the test procedure are not representative of the benefits of variable-speed room air conditioners. Midea requested testing the basic models specified in its petition according to the test procedure for variable-speed room air conditioners prescribed by DOE in an interim waiver granted to LG Electronics USA, Inc. (‘‘LG’’). That waiver required testing variable-speed room air conditioners according to the test procedure in Appendix F, except that, instead of a single rating condition, testing of a variable-speed room air conditioner occurred at four rating conditions. 83 FR 30717 (‘‘LG Notice of Petition for Waiver’’). On May 8, 2019, DOE issued a Decision and Order to LG that supersedes the interim waiver (‘‘LG Decision and Order’’) and includes additional specifications from DOE. 84 FR 20111. On December 13, 2019, DOE published a notice that announced its receipt of the petition for waiver and granted Midea an interim waiver. 84 FR 68159 (‘‘Midea Notice of Petition for Waiver’’). In the Midea Notice of Petition for Waiver, DOE presented Midea’s claim that the results of the test procedure in Appendix F are not representative of the actual energy consumption of the variable-speed room air conditioners specified in Midea’s petition for wavier and the requested alternate test procedure described above. In the Midea Notice of Petition for Wavier, DOE reviewed the alternate procedure suggested by Midea in the March 25, 2019 letter, along with the additional performance modeling and analysis performed by DOE conducted in evaluation of the LG Interim Waiver.4 Based on this review, DOE determined that the alternate test procedure specified in the LG Decision and Order (which is based on the alternate test procedure recommended by Midea) would allow for a more accurate measurement of efficiency of the specified basic models of variable-speed 4 The modeling and analysis conducted in evaluation of the LG Interim Waiver is available at: https://www.regulations.gov/docket?D=EERE-2018BT-WAV-0006. E:\FR\FM\26MYN1.SGM 26MYN1 Federal Register / Vol. 85, No. 101 / Tuesday, May 26, 2020 / Notices room air conditioners, while alleviating problems with testing and efficiency representations of the basic models specified by Midea. Under the alternate test procedure prescribed in the Interim Waiver Order issued to Midea, the test unit’s weighted-average combined energy efficiency ratio (‘‘CEER’’) metric is calculated from the individual CEER values obtained at four rating conditions. The room air conditioner weighting factors for each rating temperature are based on the fractional temperature bin hours provided in Table 19 of DOE’s test procedure for central air conditioners (10 CFR part 430, subpart B, appendix M (‘‘Appendix M’’)). This weighted-average value is adjusted to normalize it against the expected weighted-average CEER under the same four rating conditions of a theoretical comparable single-speed room air conditioner. This theoretical air conditioner is one that at the 95 degree Fahrenheit (°F) test condition performs the same as the variable-speed test unit, but with differing performance at the other rating conditions. The differing performance is due to optimization of the refrigeration system efficiency through compressor speed adjustments to eliminate cycling losses and better match the cooling load. To determine the test unit’s final rated CEER value, the measured performance of the variable-speed room air conditioner when tested at the 95 °F rating condition according to Appendix F is multiplied by a performance adjustment factor. The factor reflects the average performance improvement due to the variable-speed compressor across multiple rating conditions. Additionally, DOE included the following specifications in the alternate test procedure. First, DOE provided compressor speed definitions to harmonize the alternate test procedure with industry standards. Second, because fixed compressor speeds are critical to the repeatability of the alternate test procedure, the Interim Waiver Order requires that Midea provide all necessary instructions to maintain the compressor speeds required for each test condition.5 This includes the compressor frequency set points at each test condition, instructions necessary to maintain the compressor speeds required for each test condition, and the control settings used for the variable components.6 Third, 5 Docket No. EERE–2019–BT–WAV–0009–0003 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 6 Pursuant VerDate Sep<11>2014 19:08 May 22, 2020 Jkt 250001 DOE modified the annual energy consumption and corresponding cost calculations by specifying the correct method to incorporate electrical power input data in 10 CFR 430.23(f) to ensure EnergyGuide labels present consistent and appropriate information to consumers. Fourth, DOE adjusted the CEER calculations in Appendix F for clarity. Fifth, as discussed in the LG Decision and Order, DOE did not allow the option provided in the LG Interim Waiver and suggested by the Midea’s petition for waiver to test the specified variable-speed room air conditioners using the air-enthalpy method. There were two reasons for this. One was that, compared to the calorimeter method, the air-enthalpy method’s measured results differ; and two, there is heat transfer within and through the unit chassis that the calorimeter method captures but the air-enthalpy method does not. 84 FR 20111, 20117. Sixth, to ensure that the low and intermediate compressor speeds result in representative cooling capacities under reduced loads, the low compressor speed definition required that the test unit’s measured cooling capacity at the 82 °F rating condition be no less than 47 percent and no greater than 57 percent of the measured cooling capacity when operating at the full compressor speed at the 95 °F rating condition.7 8 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 compressor speed nomenclature and definition clarifications are derived from to the AirConditioning, Heating, and Refrigeration Institute (‘‘AHRI’’) Standard 210/240–2017, ‘‘Performance Rating of Unitary Air-conditioning & Air-source Heat Pump Equipment,’’ and adapted to be applicable to room ACs. Equation 11.60 in AHRI Standard 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 °F outdoor temperature. To provide consistency with the full-load test condition for room ACs, DOE adjusted (i.e., normalized) this equation to reflect full-load operation at 95 °F outdoor temperature. Using the adjusted equation suggests that the representative cooling load at the 82 °F rating condition would be 57 percent of the full-load cooling capacity for room air conditioners. DOE recognizes that variable-speed room ACs may use compressors that vary their speed in discrete steps and may not be able to operate at a speed that provides exactly 57 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. 57 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 47 to 57 percent). This ensures that the variable-speed room AC is capable of matching the representative cooling load (57 percent of the PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 31483 In the Midea Notice of Petition for Waiver, DOE also solicited comments from interested parties on all aspects of the petition and the specified alternate test procedure. Id. DOE received one substantive comment, jointly submitted by Pacific Gas and Electric Company (‘‘PG&E’’), San Diego Gas and Electric (‘‘SDG&E’’), and Southern California Edison (‘‘SCE’’) (hereinafter the ‘‘California IOUs’’). On January 27, 2020, Midea subsequently submitted a rebuttal statement (pursuant to 10 CFR 430.27(d)(3)) in response to this comment.9 The California IOUs recommended that DOE deny Midea’s petition for waiver and rescind the interim waiver. They urged DOE to address the issues raised in the petition for waiver through a room air conditioner test procedure rulemaking rather than by granting Midea a test procedure waiver. The California IOUs contend that the waiver review process does not allow stakeholders sufficient opportunity to consider, evaluate, and review the proposed significant changes to the room air conditioner test procedure in the alternate test procedure specified by DOE in the Midea Notice of Interim Waiver. The California IOUs added that the number of amendments to the alternate test procedure granted to LG in the LG Decision and Order proposed by DOE for the Midea Notice of Interim Waiver show that more extensive discussion of the issues raised in Midea’s petition for waiver are required. (California IOUs, No. 5 at p. 1) In its rebuttal statement, Midea stated that it is appropriate for DOE to grant a test procedure waiver and then subsequently consider similar changes to the test procedure in a rulemaking. Midea asserted that the purpose of the maximum) at the 82 °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, 52 to 62 percent (with 57 percent as the midpoint), a variable-speed room AC could be tested at 60 percent, for example, without demonstrating the capability to maintain variable-speed performance down to 57 percent. 8 Two aspects of the cooling load range are important: (1) The cooling load at 82 °F should be no more than 57 percent of the full-load cooling capacity according to AHRI Standard 210/240– 2017, and (2) a 10-percent tolerance on the measured cooling capacity is necessary because some variable-speed room ACs adjust speed in discrete steps, so it may not be possible to achieve the 57-percent condition exactly. To provide for the 10-percent tolerance, DOE requires the 57-percent cooling load condition as the upper end of the range and allows down to a 47-percent cooling load. This ensures the cooling load never exceeds 57 percent. 9 DOE also received a non-substantive comment submitted anonymously. Comments and the rebuttal statement can be accessed at: https:// www.regulations.gov/docket?D=EERE-2019-BTWAV-0009. E:\FR\FM\26MYN1.SGM 26MYN1 31484 Federal Register / Vol. 85, No. 101 / Tuesday, May 26, 2020 / Notices DOE test procedure waiver process is to grant manufacturers relief more quickly than the rulemaking process, and then to ensure that the same test procedure changes are considered more generally through the rulemaking process. Midea further commented that 10 CFR 430.27(j) provides a framework for considering waivers regarding the same technology addressed in a prior waiver, as in this case with the LG Decision and Order. Additionally, Midea stated that the most recent version of the Association of Home Appliance Manufacturers (‘‘AHAM’’) room air conditioner test procedure, AHAM RAC–1–2019, incorporates the same approach to testing variable-speed room air conditioners as DOE specifies in the alternate test procedure, further supporting Midea’s petition for waiver. (Midea, No. 7 at pp. 4–5) DOE generally agrees with Midea’s response, and notes that, pursuant to 10 CFR 430.27(h), DOE will grant a waiver from the test procedure requirements if DOE determines either that the basic model(s) 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 or water consumption characteristics as to provide materially inaccurate comparative data. As discussed, DOE has made such a determination. Following the grant of any waiver, DOE must publish a notice of proposed rulemaking in the Federal Register to amend its regulations so as to eliminate the need for continuation of the waiver and that, as soon thereafter as practicable, DOE must publish a final rule in the Federal Register. 10 CFR 430.27(l). Therefore, variable-speed room air conditioner performance will be addressed in the next test procedure rulemaking. Pursuant to 10 CFR 430.27(h)(2), waivers addressed by DOE in a test procedure rulemaking terminate on the effective date of the final rule. The California IOUs also questioned the use of weighting factors for the four test conditions in the alternate test procedure based on factors in the central air conditioner test procedure in Appendix M. They stated that DOE has not sufficiently justified how room air conditioner operation is similar enough to that of central air conditioners to justify use of the same weighting schema. (California IOUs, No. 5 at p. 2) As the California IOUs noted, the test condition weighting factors specified in the alternate test procedure are those in Appendix M, the test procedure for VerDate Sep<11>2014 19:08 May 22, 2020 Jkt 250001 central air conditioners and heat pumps. The Appendix M values are based on Air-Conditioning, Heating, and Refrigeration Institute (‘‘AHRI’’) Standard 210/240–2008 ‘‘Performance Rating of Unitary Air-conditioning & Air-source Heat Pump Equipment’’ (‘‘AHRI 210/240–2008’’), which provides test condition outdoor temperature weighting factors based on building loads, not specifically for central air conditioners. Although room air conditioners may be used under different conditions than central air conditioners, the building load calculation and weighting factor table provided in AHRI 210/240–2008 specifically account for different outdoor temperatures and resulting building loads, and therefore are equally suitable for room air conditioners and central air conditioners. AHRI 210/240– 2008 is an industry recognized consensus standard. In addition, DOE adjusted this weighting to eliminate lower temperatures at which room air conditioners would not typically be used. The California IOUs also stated that the sources for the two modeling adjustment factors used to determine the increased capacity and reduced electrical power input of a comparable theoretical single-speed room air conditioner performance at lower temperature outdoor test conditions are unclear. As a result, the California IOUs claimed that DOE had not demonstrated that a CEER value for a variable-speed room air conditioner determined using the alternate test procedure would be comparable to a CEER for a single-speed room air conditioner. (California IOUs, No. 5 at p. 2) In response to the California IOUs comments, Midea stated that DOE has already addressed the California IOUs’ concerns about the modeling adjustment factors in the LG Decision and Order. Midea added that these arguments do not demonstrate why DOE should not grant Midea a waiver. (Midea, No. 7 at pp. 2–3) The capacity and power modeling adjustment factors in section 5.4.1 of the alternate test procedure are the same as those in the alternate test procedure granted to LG in the LG Decision and Order. DOE confirmed these adjustment factors for that alternate test procedure because they aligned with DOE test data and modeling, and is including them in the alternate test procedure for Midea for the same reasons. Therefore, DOE is confident that the capacity and power modeling adjustment factor values suggested by LG to estimate performance of a theoretical comparable single-speed room air conditioner at PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 reduced outdoor temperature conditions are appropriate and representative of expected performance. With respect to the performance adjustment factor calculated in section 5.4.8 of the alternate test procedure, DOE requires the use of this factor to ensure that variable-speed room air conditioner CEER values determined using the alternate test procedure are comparable to single-speed room air conditioner values determined in accordance with the current singlespeed test method. The performance adjustment factor is calculated as the percentage improvement of the weighted-average CEER value of the variable-speed room air conditioner compared to the weighted-average CEER value of a theoretical comparable singlespeed room air conditioner under the four defined test conditions. After calculating the performance adjustment factor, it is multiplied by the CEER value of the variable-speed unit when tested at the 95 °F test condition according to Appendix F, resulting in the final CEER metric for the variablespeed room air conditioner. By using this approach, all CEER values are based on room air conditioner performance at the 95 °F test condition, with variablespeed room air conditioners appropriately receiving credit for their higher efficiency compared to singlespeed units at other operating conditions. For the reasons explained here and in the Midea Notice of Petition for Waiver, absent a waiver, the basic models identified by Midea in its petition cannot be tested and rated for energy consumption on a basis representative of their true energy consumption characteristics. DOE has reviewed the recommended procedure suggested by Midea and concludes that, as modified in the Interim Waiver Order, it will allow for the accurate measurement of the energy use of the product, while alleviating the testing problems associated with Midea’s implementation of DOE’s applicable room air conditioner test procedure for the specified basic models. Thus, DOE is requiring that Midea test and rate specified room air conditioner basic models according to the alternate test procedure specified in this Decision and Order, which is identical to the procedure provided in the interim waiver. This Decision and Order is applicable only to the basic models specified and does not extend to any other basic models. DOE evaluates and grants waivers for only those basic models specifically set out in the petition, not future models that may be manufactured E:\FR\FM\26MYN1.SGM 26MYN1 Federal Register / Vol. 85, No. 101 / Tuesday, May 26, 2020 / Notices by the petitioner. Midea may request that DOE extend the scope of this waiver to include additional basic models that employ the same technology as those specified in this waiver. 10 CFR 430.27(g). Midea may also submit another petition for waiver from the test procedure for additional basic models that employ a different technology and meet the criteria for test procedure waivers. 10 CFR 430.27(a)(1). DOE notes that it may modify or rescind the waiver at any time upon DOE’s determination that the factual basis underlying the petition for waiver is incorrect, or upon a determination that the results from the alternate test procedure are unrepresentative of the basic models’ true energy consumption characteristics. 10 CFR 430.27(k)(1). Likewise, Midea may request that DOE rescind or modify the waiver if the company discovers an error in the information provided to DOE as part of its petition, determines that the waiver is no longer needed, or for other appropriate reasons. 10 CFR 430.27(k)(2). As set forth above, the test procedure specified in this Decision and Order is not the same as the test procedure offered by Midea. If Midea believes that the alternate test method it suggested provides representative results and is less burdensome than the test method required by this Decision and Order, Midea may submit a request for modification under 10 CFR 430.27(k)(2) that addresses the concerns that DOE has specified with that procedure. Midea may also submit another less burdensome alternative test procedure not expressly considered in this notice under the same provision. III. Consultations With Other Agencies In accordance with 10 CFR 430.27(f)(2), DOE consulted with the Federal Trade Commission staff concerning the Midea petition for waiver. IV. Order After careful consideration of all the material that was submitted by Midea, the information presented in the LG Notice of Petition for Waiver, and comment received in this matter, it is ordered that: (1) Midea must, as of the date of publication of this Order in the Federal Register, test and rate the following room air conditioner basic models with the alternate test procedure as set forth in paragraph (2): Brand Basic model Midea ................................. MAW08V1DWT VerDate Sep<11>2014 19:08 May 22, 2020 Jkt 250001 Brand Midea Midea Midea Midea Midea Basic model ................................. ................................. ................................. ................................. ................................. MAW08V1QWT MAW10V1DWT MAW10V1QWT MAW12V1DWT MAW12V1QWT (2) The alternate test procedure for the Midea basic models specified in paragraph (1) of this Order is the test procedure for room air conditioners prescribed by DOE at 10 CFR part 430, subpart B, appendix F and 10 CFR 430.23(f), except: (i) The combined energy efficiency ratio (‘‘CEER’’) is determined as detailed below, and (ii) the average annual energy consumption referenced in 10 CFR 430.23(f)(3) is calculated as detailed below. In addition, for each basic model specified in paragraph (1), compressor speeds at each test condition and control settings for the variable components are to be maintained according to the instructions Midea submitted to DOE (https:// www.regulations.gov/ document?D=EERE-2019-BT-WAV0009-0003). All other requirements of Appendix F and DOE’s other relevant regulations remain applicable. In 10 CFR 430.23, in paragraph (f) revise paragraph (3)(i) to read as follows: The electrical power input in kilowatts as calculated in section 5.2.1 of appendix F to this subpart, and In 10 CFR 430.23, in paragraph (f) revise paragraph (5) to read as follows: (5) Calculate the combined energy efficiency ratio for room air conditioners, expressed in Btu’s per watt-hour, as follows: (i) Calculate the quotient of: (A) The cooling capacity as determined at the 95 °F outdoor test condition, Capacity1, in Btus per hour, as measured in accordance with section 5.1 of appendix F to this subpart multiplied by the representative average-use cycle of 750 hours of compressor operation per year, divided by (B) The combined annual energy consumption, in watt hours, which is the sum of the annual energy consumption for cooling mode, calculated in section 5.4.2 of appendix F to this subpart for test condition 1 in Table 1 of appendix F to this subpart, and the standby mode and off mode energy consumption, as measured in accordance with section 5.3 of appendix F to this subpart. Multiply the sum of the annual energy consumption in cooling mode and standby mode and off mode energy consumption by a conversion factor of 1,000 to convert kilowatt-hours to watt-hours. PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 31485 (ii) Multiply the quotient calculated in paragraph (f)(5)(i) of this section by (1 + Fp), where Fp is the variable-speed room air conditioner unit’s performance adjustment factor as calculated in section 5.4.8 of appendix F to this subpart. (iii) Round the resulting value from paragraph (f)(5)(ii) of this section to the nearest 0.1 Btu per watt-hour. In 10 CFR part 430, subpart B, Appendix F: Add in Section 1, Definitions: 1.8 ‘‘Single-speed’’ means a type of room air conditioner that cannot automatically adjust the compressor speed based on detected conditions. 1.9 ‘‘Variable-speed’’ means a type of room air conditioner that can automatically adjust the compressor speed based on detected conditions. 1.10 ‘‘Full compressor speed (full)’’ means the compressor speed specified by GD Midea Air Conditioning Equipment Co. LTD. (Docket No. EERE– 2019–BT–WAV–0009–0003) at which the unit operates at full load testing conditions. 1.11 ‘‘Intermediate compressor speed (intermediate)’’ means the compressor speed higher than the low compressor speed by one third of the difference between low compressor speed and full compressor speed with a tolerance of plus 5 percent (designs with non-discrete compressor speed stages) or the next highest inverter frequency step (designs with discrete compressor speed steps). 1.12 ‘‘Low compressor speed (low)’’ means the compressor speed specified by GD Midea Air Conditioning Equipment Co. LTD. (Docket No. EERE– 2019–BT–WAV–0009–0003) at which the unit operates at low load test conditions, such that Capacity4, the measured cooling capacity at test condition 4 in Table 1 of this appendix, is no less than 47 percent and no greater than 57 percent of Capacity1, the measured cooling capacity with the full compressor speed at test condition 1 in Table 1 of this appendix. 1.13 ‘‘Theoretical comparable singlespeed room air conditioner’’ means a theoretical single-speed room air conditioner with the same cooling capacity and electrical power input as the variable-speed room air conditioner unit under test, with no cycling losses considered, at test condition 1 in Table 1 of this appendix. Add to the end of Section 2.1 Cooling: For the purposes of this waiver, test each unit following the cooling mode test a total of four times: One test at each of the test conditions listed in Table 1 of this appendix, consistent with section 3.1 of this appendix. E:\FR\FM\26MYN1.SGM 26MYN1 31486 Federal Register / Vol. 85, No. 101 / Tuesday, May 26, 2020 / Notices Revise Section 3.1, Cooling mode, to read as follows: Cooling mode. Establish the test conditions described in sections 4 and 5 of ANSI/AHAM RAC–1 (incorporated by reference; see 10 CFR 430.3) and in accordance with ANSI/ASHRAE 16 (incorporated by reference; see 10 CFR 430.3), with the following exceptions: Conduct the set of four cooling mode tests with the test conditions in Table 1 of this appendix. Set the compressor speed required for each test condition in accordance with instructions GD Midea Air Conditioning Equipment Co. LTD provided to DOE (Docket No. EERE– 2019–BT–WAV–0009–0003). TABLE 1—INDOOR AND OUTDOOR INLET AIR TEST CONDITIONS—VARIABLE-SPEED ROOM AIR CONDITIONERS Evaporator inlet (indoor) air, (°F) Test condition Dry bulb Test Test Test Test Condition Condition Condition Condition 1 2 3 4 ........................................................ ........................................................ ........................................................ ........................................................ Replace Section 5.1 to read as follows: Calculate the condition-specific cooling capacity (expressed in Btu/h), Capacitytc, for each of the four cooling mode rating test conditions (tc), as required in section 6.1 of ANSI/AHAM RAC–1 (incorporated by reference; see 10 CFR 430.3) and in accordance with ANSI/ASHRAE 16 (incorporated by reference; see 10 CFR 430.3). Notwithstanding the requirements of 10 CFR 430.23(f), when reporting cooling capacity pursuant to 10 CFR 429.15(b)(2) and calculating energy consumption and costs pursuant to 10 CFR 430.23(f), use the cooling capacity determined for test condition 1 in Table 1 of this appendix. Replace Section 5.2 to read as follows: Determine the condition-specific electrical power input (expressed in watts), Ptc, for each of the four cooling mode rating test conditions, as required by section 6.5 of ANSI/AHAM RAC–1 (incorporated by reference; see 10 CFR 430.3) and in accordance with ANSI/ ASHRAE 16 (incorporated by reference; see 10 CFR 430.3). Notwithstanding the requirements of 10 CFR 430.23(f), when reporting electrical power input pursuant to 10 CFR 429.15(b)(2) and calculating energy consumption and costs pursuant to 10 CFR 430.23(f)(5), use the electrical power input value measured for test condition 1 in Table 1 of this appendix. Notwithstanding the requirements of 10 CFR 430.23(f), when calculating energy consumption and costs pursuant to 10 CFR 430.23(f)(3), use the weighted electrical power input, Pwt, calculated in section 5.2.1 of this appendix, as the electrical power input. Insert a new Section 5.2.1: 5.2.1 Weighted electrical power input. Calculate the weighted electrical power input in cooling mode, Pwt, expressed in watts, as follows: Pwt = S tcPtc × Wtc Where: VerDate Sep<11>2014 19:08 May 22, 2020 Jkt 250001 Wet bulb 80 80 80 80 Condenser inlet (outdoor) air, (°F) Dry bulb 67 67 67 67 Pwt = weighted electrical power input, in watts, in cooling mode. Ptc = electrical power input, in watts, in cooling mode for each test condition in Table 1 of this appendix. Wtc = weighting factors for each cooling mode test condition: 0.05 for test condition 1, 0.16 for test condition 2, 0.31 for test condition 3, and 0.48 for test condition 4. tc represents the cooling mode test condition: ‘‘1’’ for test condition 1 (95 °F condenser inlet dry-bulb temperature), ‘‘2’’ for test condition 2 (92 °F), ‘‘3’’ for test condition 3 (87 °F), and ‘‘4’’ for test condition 4 (82 °F). Add a new Section 5.4, following Section 5.3 Standby mode and off mode annual energy consumption: 5.4 Variable-speed room air conditioner unit’s performance adjustment factor. Calculate the performance adjustment factor (Fp) as follows: 5.4.1 Theoretical comparable singlespeed room air conditioner. Calculate the cooling capacity, expressed in British thermal units per hour (Btu/h), and electrical power input, expressed in watts, for a theoretical comparable single-speed room air conditioner at all cooling mode test conditions. Capacityss_tc = Capacity1 × (1 + (Mc × (95¥Ttc))) Pss_tc = P1 × (1¥(Mp × (95¥Ttc))) Where: Capacityss_tc = theoretical comparable singlespeed room air conditioner cooling capacity, in Btu/h, calculated for each of the cooling mode test conditions in Table 1 of this appendix. Capacity1 = variable-speed room air conditioner unit’s cooling capacity, in Btu/h, measured in section 5.1 of this appendix for test condition 1 in Table 1 of this appendix. Pss_tc = theoretical comparable single-speed room air conditioner electrical power input, in watts, calculated for each of the cooling mode test conditions in Table 1 of this appendix. P1 = variable-speed room air conditioner PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 Compressor speed Wet bulb 95 92 87 82 75 72.5 69 65 Full. Full. Intermediate. Low. unit’s electrical power input, in watts, measured in section 5.2 of this appendix for test condition 1 in Table 1 of this appendix. Mc = adjustment factor to determine the increased 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. Ttc = condenser inlet dry-bulb temperature for each of the test conditions in Table 1 of this appendix (in °F). 95 is the condenser inlet dry-bulb temperature for test condition 1 in Table 1 of this appendix, 95 °F. tc as explained in section 5.2.1 of this appendix. 5.4.2 Variable-speed room air conditioner unit’s annual energy consumption for cooling mode at each cooling mode test condition. Calculate the annual energy consumption for cooling mode under each test condition, AECtc, expressed in kilowatt-hours per year (kWh/year), as follows: AECtc = 0.75 × Ptc Where: AECtc = variable-speed room air conditioner unit’s annual energy consumption, in kWh/year, in cooling mode for each test condition in Table 1 of this appendix. Ptc as defined in section 5.2.1 of this appendix. tc as explained in section 5.2.1 of this appendix. 0.75 is 750 annual operating hours in cooling mode multiplied by a 0.001 kWh/Wh conversion factor from watt-hours to kilowatt-hours. 5.4.3 Theoretical comparable singlespeed room air conditioner annual energy consumption for cooling mode at each cooling mode test condition. Calculate the annual energy consumption for a theoretical comparable single-speed room air conditioner for cooling mode under each test condition, AECss_tc, expressed in kWh/year. AECss_tc = 0.75 × Pss_tc E:\FR\FM\26MYN1.SGM 26MYN1 Federal Register / Vol. 85, No. 101 / Tuesday, May 26, 2020 / Notices Where: CEERtc = variable-speed room air conditioner unit’s combined energy efficiency ratio, in Btu/Wh, for each test condition in Table 1 of this appendix. Capacitytc = variable-speed room air conditioner unit’s cooling capacity, in Btu/h, for each test condition in Table 1 of this appendix, measured in section 5.1 of this appendix. AECtc = variable-speed room air conditioner unit’s annual energy consumption, in kWh/yr, in cooling mode for each test condition in Table 1 of this appendix, calculated in section 5.4.2 of this appendix. ETSO = standby mode and off mode annual energy consumption for room air conditioners, in kWh/year, calculated in section 5.3 of this appendix. tc as explained in section 5.2.1 of this appendix. 0.75 as defined in section 5.4.2 of this appendix. 5.4.5 Theoretical comparable singlespeed room air conditioner combined energy efficiency ratio at each cooling mode test condition. Calculate the combined energy efficiency ratio for a theoretical comparable single-speed room air conditioner, CEERss_tc, for each test condition, expressed in Btu/Wh. Where: CEERss_tc = theoretical comparable singlespeed room air conditioner combined energy efficiency ratio, in Btu/Wh, for each test condition in Table 1 of this appendix. VerDate Sep<11>2014 19:08 May 22, 2020 Jkt 250001 5.4.6 Theoretical comparable singlespeed room air conditioner adjusted combined energy efficiency ratio for each cooling mode test condition. Calculate the adjusted combined energy efficiency ratio for a theoretical comparable single-speed room air conditioner, CEERss_tc_adj, with cycling losses considered, expressed in Btu/Wh. CEERss_tc_adj = CEERss_tc × CLFtc Where: CEERss_tc_adj = theoretical comparable singlespeed room air conditioner adjusted combined energy efficiency ratio, in Btu/ Wh, for each test condition in Table 1 of this appendix. CEERss_tc = theoretical comparable singlespeed room air conditioner adjusted combined energy efficiency ratio, in Btu/ Wh, for each test condition in Table 1 of this appendix, calculated in section 5.4.5 of this appendix. CLFtc = cycling loss factor for each cooling mode test condition: 1 for test condition 1, 0.971 for test condition 2, 0.923 for test condition 3, and 0.875 for test condition 4. tc as explained in section 5.2.1 of this appendix. 5.4.7 Weighted combined energy efficiency ratio. Calculate the weighted combined energy efficiency ratio for the variable-speed room air conditioner unit, CEERwt, and theoretical comparable single-speed room air conditioner, CEERss_wt, expressed in Btu/Wh. CEERwt = S tcCEERtc × Wtc CEERss_wt = S tcCEERss_tc_adj × Wtc Where: CEERwt = variable-speed room air conditioner unit’s weighted combined energy efficiency ratio, in Btu/Wh. CEERss_wt = theoretical comparable singlespeed room air conditioner weighted combined energy efficiency ratio, in Btu/ Wh. CEERtc = variable-speed room air conditioner unit’s combined energy efficiency ratio, in Btu/Wh, at each test condition in Table 1 of this appendix, calculated in PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 section 5.4.4 of this appendix. CEERss_tc_adj = theoretical comparable singlespeed room air conditioner adjusted combined energy efficiency ratio, in Btu/ Wh, at each test condition in Table 1 of this appendix, calculated in section 5.4.6 of this appendix. Wtc as defined in section 5.2.1 of this appendix. tc as explained in section 5.2.1 of this appendix. 5.4.8 Variable-speed room air conditioner unit’s performance adjustment factor. Calculate the variable-speed room air conditioner unit’s performance adjustment factor, Fp. Where: Fp = variable-speed room air conditioner unit’s performance adjustment factor. CEERwt = variable-speed room air conditioner unit’s weighted combined energy efficiency ratio, in Btu/Wh, calculated in section 5.4.7 of this appendix. CEERss_wt = theoretical comparable singlespeed room air conditioner weighted combined energy efficiency ratio, in Btu/ Wh, calculated in section 5.4.7 of this appendix. (3) Representations. Midea may not make representations about the efficiency of any basic model specified in paragraph (1) for any purpose, including, for example, compliance and marketing, unless the basic model has been tested in accordance with the provisions set forth above and such representations fairly disclose the results of such testing. (4) This waiver shall remain in effect according to the provisions of 10 CFR 430.27. (5) DOE issues this waiver to Midea on the condition that the statements, representations, and documents provided by Midea are valid. Any modifications to the controls or configurations of a basic model subject to this waiver will render the waiver invalid with respect to that basic model, and Midea will either be required to use the current Federal test procedure or submit a new application for a test procedure waiver. DOE may rescind 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, Midea may request that DOE rescind or modify the waiver if Midea discovers an error in the information provided to DOE as part of its petition, E:\FR\FM\26MYN1.SGM 26MYN1 EN26MY20.001</GPH> EN26MY20.002</GPH> 5.4.4 Variable-speed room air conditioner unit’s combined energy efficiency ratio at each cooling mode test condition. Calculate the variablespeed room air conditioner unit’s combined energy efficiency ratio, CEERtc, for each test condition, expressed in Btu/Wh. Capacityss_tc = theoretical comparable singlespeed room air conditioner cooling capacity, in Btu/h, for each test condition in Table 1 of this appendix, in Btu/h, calculated in section 5.4.1 of this appendix. AECss_tc = theoretical comparable singlespeed room air conditioner annual energy consumption for each test condition in Table 1 of this appendix, in kWh/year, calculated in section 5.4.3 of this appendix. ETSO = standby mode and off mode annual energy consumption for room air conditioners, in kWh/year, calculated in section 5.3 of this appendix. tc as explained in section 5.2.1 of this appendix. 0.75 as defined in section 5.4.2 of this appendix. EN26MY20.000</GPH> Where: AECss_tc = theoretical comparable singlespeed room air conditioner annual energy consumption, in kWh/year, in cooling mode for each test condition in Table 1 of this appendix. Pss_tc = theoretical comparable single-speed room air conditioner electrical power input, in watts, in cooling mode for each test condition in Table 1 of this appendix, calculated in section 5.4.1 of this appendix. tc as explained in section 5.2.1 of this appendix. 0.75 as defined in section 5.4.2 of this appendix. 31487 31488 Federal Register / Vol. 85, No. 101 / Tuesday, May 26, 2020 / Notices determines that the waiver is no longer needed, or for other appropriate reasons. 10 CFR 430.27(k)(2). (6) Midea remains obligated to fulfill any certification requirements set forth at 10 CFR part 429. Signed in Washington, DC, on May 8, 2020. Alexander N. Fitzsimmons, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. [FR Doc. 2020–11214 Filed 5–22–20; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RD20–3–000] Commission Information Collection Activities FERC–725N Comment Request; Extension Federal Energy Regulatory Commission, Department of Energy. ACTION: Notice of information collection and request for comments. AGENCY: In compliance with the requirements of the Paperwork Reduction Act of 1995, the Federal Energy Regulatory Commission (Commission or FERC) is soliciting public comment on the proposedinformation collection FERC– 725N (Mandatory Reliability TPL Standards: TPL–007–4, (Transmission System Planned Performance for Geomagnetic Disturbance Events)) and submitting the information collection to the Office of Management and Budget (OMB) for review. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. DATES: Comments on the collection of information are due June 25, 2020. ADDRESSES: Comments filed with OMB, identified by OMB Control No. 1902– 0264. Send written comments on FERC– 725N to OMB thru www.reginfo.gov/ public/do/PRAMain. Attention Federal Energy Regulatory Commission Desk Officer. Please identify the OMB control Number (1902–0264) in the submect line of your comments should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Using the search function under the Currently Under Review field select comment to the right of the subject collection. A copy of the comments should also be sent to the Commission, in Docket No. RD20–3– 000) by either of the following methods: SUMMARY: VerDate Sep<11>2014 19:08 May 22, 2020 Jkt 250001 • eFiling at Commission’s Website: https://www.ferc.gov/docs-filing/ efiling.asp. • Mail/Express Services: Persons unable to file electronically may mail similar pleadings to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. Hand delivered submissions in docketed proceedings should be delivered to Health and Human Services, 12225 Wilkins Avenue, Rockville, Maryland 20852. Instructions: OMB submissions must be formatted and filed in accordance with submission guidelines at: www.reginfo.gov/public/do/PRAMain; using the search function under the Currently Under Review field select Federal Energy Regulatory Commission; click submit and select comment to the right of the subject collection. FERC submissions must be formatted and filed in accordance with submission guidelines at: https://www.ferc.gov/help/ submission-guide.asp. For user assistance, contact FERC Online Support by email at ferconlinesupport@ ferc.gov, or by phone at: (866) 208–3676 (toll-free). Docket: Users interested in receiving automatic notification of activity in this docket or in viewing/downloading comments and issuances in this docket may do so at https://www.ferc.gov/docsfiling/docs-filing.asp. FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at DataClearance@FERC.gov, telephone at (202) 502–8663. SUPPLEMENTARY INFORMATION: Title: FERC–725N, Mandatory Reliability Standards TPL–007–4, Transmission System Planned Performance for Geomagnetic Disturbance Events. OMB Control No.: 1902–0264. Type of Request: Revisions to the information collection, as discussed in Docket No. RD20–3–000. Abstract: The proposed Reliability Standard TPL–007–4 requires owners and operators of the Bulk-Power System to conduct initial and on-going vulnerability assessments of the potential impact of defined geomagnetic disturbance events on Bulk- Power System equipment and the Bulk-Power System as a whole. Specifically, the Reliability Standard requires entities to develop corrective action plans for vulnerabilities identified through supplemental geomagnetic disturbance vulnerability assessments and requires entities to seek approval from the Electric Reliability Organization of any extensions of time for the completion of corrective action plan items. PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 On August 8, 2005, Congress enacted into law the Electricity Modernization Act of 2005, which is Title XII, Subtitle A, of the Energy Policy Act of 2005 (EPAct 2005).1 EPAct 2005 added a new section 215 to the FPA, which required a Commission-certified Electric Reliability Organization (ERO) to develop mandatory and enforceable Reliability Standards, which are subject to Commission review and approval. Once approved, the Reliability Standards may be enforced by the ERO subject to Commission oversight, or the Commission can independently enforce Reliability Standards.2 On February 3, 2006, the Commission issued Order No. 672, implementing section 215 of the FPA.3 Pursuant to Order No. 672, the Commission certified one organization, North American Electric Reliability Corporation (NERC), as the ERO.4 The Reliability Standards developed by the ERO and approved by the Commission apply to users, owners and operators of the Bulk-Power System as set forth in each Reliability Standard. On February 7, 2020, the North American Electric Reliability Corporation filed a petition seeking approval of proposed Reliability Standard TPL–007–4 (Transmission System Planned Performance for Geomagnetic Disturbance Events). NERC’s filed petition was noticed on February 11, 2020, with interventions, comments and protests due on or before March 9, 2020. No interventions or comments were received. The DLO was issued on March 19, 2020. The standard goes in effect at NERC on October 1,2020. On April 16, 2020, the Commission published a Notice in the Federal Register in Docket No. RD20–3–000 requesting public comments. The Commission received no public comment(s) which is addressed here and in the related submittal to OMB. Type of Respondents: Generator Owner, Planning Coordinator, Distribution Provider and Transmission Owners. 1 Energy Policy Act of 2005, Public Law 109–58, Title XII, Subtitle A, 119 Stat. 594, 941 (codified at 16 U.S.C. 824o). 2 16 U.S.C. 824o(e)(3). 3 Rules Concerning Certification of the Electric Reliability Organization; and Procedures for the Establishment, Approval, and Enforcement of Electric Reliability Standards, Order No. 672, FERC Stats. & Regs. 31,204, order on reh’g, Order No. 672–A, FERC Stats. & Regs. 31,212 (2006). 4 North American Electric Reliability Corp., 116 FERC 61,062, order on reh’g and compliance, 117 FERC 61,126 (2006), order on compliance, 118 FERC 61,190, order on reh’g, 119 FERC 61,046 (2007), aff’d sub nom. Alcoa Inc. v. FERC, 564 F.3d 1342 (D.C. Cir. 2009). E:\FR\FM\26MYN1.SGM 26MYN1

Agencies

[Federal Register Volume 85, Number 101 (Tuesday, May 26, 2020)]
[Notices]
[Pages 31481-31488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11214]


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DEPARTMENT OF ENERGY

[Case Number 2019-004; EERE-2019-BT-WAV-0009]


Energy Conservation Program: Decision and Order Granting a Waiver 
to GD Midea Air Conditioning Equipment Co. LTD. From the Department of 
Energy Room Air Conditioner Test Procedure

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of decision and order.

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SUMMARY: The U.S. Department of Energy (``DOE'') gives notice of a 
Decision and Order (Case Number 2019-004) that grants to GD Midea Air 
Conditioning Equipment Co. LTD. (``Midea'') a waiver from specified 
portions of the DOE test procedure for determining the energy 
efficiency of specified room air conditioner basic models. Under the 
Decision and Order, Midea is required to test and rate the specified 
basic models of its room air conditioners in accordance with the 
alternate test procedure specified in the Decision and Order.

DATES: The Decision and Order is effective on May 26, 2020. The 
Decision and Order will terminate upon the compliance date of any 
future amendment to the test procedure for room air conditioners 
located at title 10 of the Code of Federal Regulations (``CFR''), part 
430, subpart B, appendix F that addresses the issues presented in this 
waiver. At that time, Midea must use the relevant test procedure for 
this product for any testing to demonstrate compliance with the 
applicable standards, and any 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: 
[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: In accordance with Title 10 of the Code of 
Federal Regulations (10 CFR 430.27(f)(2)), DOE gives notice of the 
issuance of its Decision and Order as set forth below. The Decision and 
Order grants Midea a waiver from the applicable test procedure at 10 
CFR part 430, subpart B, appendix F for specified basic models of room 
air conditioners and provides that Midea must test and rate such room 
air conditioners using the alternate test procedure specified in the 
Decision and Order. Midea's representations concerning the energy 
efficiency of the specified basic models must be based on testing 
according to the provisions and restrictions in the alternate test 
procedure set forth in the Decision and Order, and the representations 
must fairly disclose the test results. Distributors, retailers, and 
private labelers also must comply with the same requirements when 
making representations regarding the energy efficiency of these 
products. (42 U.S.C. 6293(c))
    Manufacturers not currently distributing room air conditioners in 
commerce in the United States that employ a technology or 
characteristic that results in the same need for a waiver from the 
applicable test procedure must petition for and be granted a waiver 
prior to the distribution in commerce of those products in the United 
States. 10 CFR 430.27(j). Manufacturers may also submit a request for 
interim waiver pursuant to the requirements of 10 CFR 430.27.

Signing Authority

    This document of the Department of Energy was signed on May 8, 
2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for 
Energy Efficiency, pursuant to delegated authority from the Secretary 
of Energy. That document with the original signature and date is 
maintained by DOE. For administrative purposes only, and in compliance 
with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.


[[Page 31482]]


    Signed in Washington, DC, on May 20, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

Case #2019-004: Decision and Order

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes the U.S. Department of Energy (``DOE'') to regulate the 
energy efficiency of a number of consumer products and certain 
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, which sets forth a variety of provisions 
designed to improve energy efficiency for certain types of consumer 
products. These products include room air conditioners, the focus of 
this document. (42 U.S.C. 6292(a)(2))
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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 (Oct. 23, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
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    The energy conservation program under EPCA consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA include definitions (42 U.S.C. 6291), test 
procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), 
energy conservation standards (42 U.S.C. 6295), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6296).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
Certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making other representations about the efficiency of that 
product (42 U.S.C. 6293(c)). Similarly, DOE must use these test 
procedures to determine whether the product complies with relevant 
standards promulgated under EPCA. (42 U.S.C. 6295(s))
    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)) The test 
procedure for room air conditioners is contained at 10 CFR part 430, 
subpart B, appendix F (``Appendix F'').
    Any interested person may submit a petition for waiver from DOE's 
test procedure requirements. 10 CFR 430.27(a)(1). 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 
alternate test procedures. Id.

II. Midea's Petition for Waiver: Assertions and Determinations

    By letter dated March 25, 2019, Midea America, Inc. filed a 
petition for waiver and a petition for interim waiver from the DOE room 
air conditioner test procedure set forth in Appendix F on behalf of GD 
Midea Air Conditioning Equipment Co. LTD. (``Midea''). According to 
Midea, the current DOE test procedure for room air conditioners, which 
provides for testing at full-load performance only (i.e., at a single 
indoor and high-temperature outdoor operating condition), does not take 
into account the benefits of variable-speed room air conditioners, with 
their part-load performance characteristics, and misrepresents their 
actual energy consumption.\3\ Midea noted that Appendix F requires 
testing room air conditioners only with full-load performance, in part, 
as a result of DOE having previously concluded that widespread use of 
part-load technology in room air conditioners was not likely to be 
stimulated by the development of a part-load metric. 76 FR 972, 1016 
(January 6, 2011).
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    \3\ The specific basic models for which the petition applies are 
Midea brand room air conditioner basic models MAW08V1DWT, 
MAW08V1QWT, MAW10V1DWT, MAW10V1QWT, MAW12V1DWT, and MAW12V1QWT. 
These basic model names were provided by Midea in its March 25, 2019 
petition.
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    Midea stated that, to operate in the most efficient possible 
manner, variable-speed room air conditioners adjust the compressor 
rotation speed based upon demand to maintain the desired temperature in 
the home without turning the compressor and blower motor(s) on and off. 
Midea claimed that, compared to room air conditioners without variable-
speed compressors, this ability to adjust to conditions results in both 
significant energy savings and faster cooling. Midea asserted that, 
because the DOE test procedure does not account for part-load 
characteristics, the results of the test procedure are not 
representative of the benefits of variable-speed room air conditioners.
    Midea requested testing the basic models specified in its petition 
according to the test procedure for variable-speed room air 
conditioners prescribed by DOE in an interim waiver granted to LG 
Electronics USA, Inc. (``LG''). That waiver required testing variable-
speed room air conditioners according to the test procedure in Appendix 
F, except that, instead of a single rating condition, testing of a 
variable-speed room air conditioner occurred at four rating conditions. 
83 FR 30717 (``LG Notice of Petition for Waiver''). On May 8, 2019, DOE 
issued a Decision and Order to LG that supersedes the interim waiver 
(``LG Decision and Order'') and includes additional specifications from 
DOE. 84 FR 20111.
    On December 13, 2019, DOE published a notice that announced its 
receipt of the petition for waiver and granted Midea an interim waiver. 
84 FR 68159 (``Midea Notice of Petition for Waiver''). In the Midea 
Notice of Petition for Waiver, DOE presented Midea's claim that the 
results of the test procedure in Appendix F are not representative of 
the actual energy consumption of the variable-speed room air 
conditioners specified in Midea's petition for wavier and the requested 
alternate test procedure described above.
    In the Midea Notice of Petition for Wavier, DOE reviewed the 
alternate procedure suggested by Midea in the March 25, 2019 letter, 
along with the additional performance modeling and analysis performed 
by DOE conducted in evaluation of the LG Interim Waiver.\4\ Based on 
this review, DOE determined that the alternate test procedure specified 
in the LG Decision and Order (which is based on the alternate test 
procedure recommended by Midea) would allow for a more accurate 
measurement of efficiency of the specified basic models of variable-
speed

[[Page 31483]]

room air conditioners, while alleviating problems with testing and 
efficiency representations of the basic models specified by Midea.
---------------------------------------------------------------------------

    \4\ The modeling and analysis conducted in evaluation of the LG 
Interim Waiver is available at: https://www.regulations.gov/docket?D=EERE-2018-BT-WAV-0006.
---------------------------------------------------------------------------

    Under the alternate test procedure prescribed in the Interim Waiver 
Order issued to Midea, the test unit's weighted-average combined energy 
efficiency ratio (``CEER'') metric is calculated from the individual 
CEER values obtained at four rating conditions. The room air 
conditioner weighting factors for each rating temperature are based on 
the fractional temperature bin hours provided in Table 19 of DOE's test 
procedure for central air conditioners (10 CFR part 430, subpart B, 
appendix M (``Appendix M'')). This weighted-average value is adjusted 
to normalize it against the expected weighted-average CEER under the 
same four rating conditions of a theoretical comparable single-speed 
room air conditioner. This theoretical air conditioner is one that at 
the 95 degree Fahrenheit ([deg]F) test condition performs the same as 
the variable-speed test unit, but with differing performance at the 
other rating conditions. The differing performance is due to 
optimization of the refrigeration system efficiency through compressor 
speed adjustments to eliminate cycling losses and better match the 
cooling load. To determine the test unit's final rated CEER value, the 
measured performance of the variable-speed room air conditioner when 
tested at the 95 [deg]F rating condition according to Appendix F is 
multiplied by a performance adjustment factor. The factor reflects the 
average performance improvement due to the variable-speed compressor 
across multiple rating conditions.
    Additionally, DOE included the following specifications in the 
alternate test procedure. First, DOE provided compressor speed 
definitions to harmonize the alternate test procedure with industry 
standards. Second, because fixed compressor speeds are critical to the 
repeatability of the alternate test procedure, the Interim Waiver Order 
requires that Midea provide all necessary instructions to maintain the 
compressor speeds required for each test condition.\5\ This includes 
the compressor frequency set points at each test condition, 
instructions necessary to maintain the compressor speeds required for 
each test condition, and the control settings used for the variable 
components.\6\ Third, DOE modified the annual energy consumption and 
corresponding cost calculations by specifying the correct method to 
incorporate electrical power input data in 10 CFR 430.23(f) to ensure 
EnergyGuide labels present consistent and appropriate information to 
consumers. Fourth, DOE adjusted the CEER calculations in Appendix F for 
clarity. Fifth, as discussed in the LG Decision and Order, DOE did not 
allow the option provided in the LG Interim Waiver and suggested by the 
Midea's petition for waiver to test the specified variable-speed room 
air conditioners using the air-enthalpy method. There were two reasons 
for this. One was that, compared to the calorimeter method, the air-
enthalpy method's measured results differ; and two, there is heat 
transfer within and through the unit chassis that the calorimeter 
method captures but the air-enthalpy method does not. 84 FR 20111, 
20117. Sixth, to ensure that the low and intermediate compressor speeds 
result in representative cooling capacities under reduced loads, the 
low compressor speed definition required that the test unit's measured 
cooling capacity at the 82 [deg]F rating condition be no less than 47 
percent and no greater than 57 percent of the measured cooling capacity 
when operating at the full compressor speed at the 95 [deg]F rating 
condition.7 8
---------------------------------------------------------------------------

    \5\ Docket No. EERE-2019-BT-WAV-0009-0003
    \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 compressor speed nomenclature and definition 
clarifications are derived from to the Air-Conditioning, Heating, 
and Refrigeration Institute (``AHRI'') Standard 210/240-2017, 
``Performance Rating of Unitary Air-conditioning & Air-source Heat 
Pump Equipment,'' and adapted to be applicable to room ACs. Equation 
11.60 in AHRI Standard 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. To provide 
consistency with the full-load test condition for room ACs, DOE 
adjusted (i.e., normalized) this equation to reflect full-load 
operation at 95 [deg]F outdoor temperature. Using the adjusted 
equation suggests that the representative cooling load at the 82 
[deg]F rating condition would be 57 percent of the full-load cooling 
capacity for room air conditioners. DOE recognizes that variable-
speed room ACs may use compressors that vary their speed in discrete 
steps and may not be able to operate at a speed that provides 
exactly 57 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. 57 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 47 to 57 percent). This ensures that the variable-
speed room AC is capable of matching the representative cooling load 
(57 percent of the maximum) at the 82 [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, 52 to 62 percent (with 57 percent as the midpoint), 
a variable-speed room AC could be tested at 60 percent, for example, 
without demonstrating the capability to maintain variable-speed 
performance down to 57 percent.
    \8\ Two aspects of the cooling load range are important: (1) The 
cooling load at 82 [deg]F should be no more than 57 percent of the 
full-load cooling capacity according to AHRI Standard 210/240-2017, 
and (2) a 10-percent tolerance on the measured cooling capacity is 
necessary because some variable-speed room ACs adjust speed in 
discrete steps, so it may not be possible to achieve the 57-percent 
condition exactly. To provide for the 10-percent tolerance, DOE 
requires the 57-percent cooling load condition as the upper end of 
the range and allows down to a 47-percent cooling load. This ensures 
the cooling load never exceeds 57 percent.
---------------------------------------------------------------------------

    In the Midea Notice of Petition for Waiver, DOE also solicited 
comments from interested parties on all aspects of the petition and the 
specified alternate test procedure. Id. DOE received one substantive 
comment, jointly submitted by Pacific Gas and Electric Company 
(``PG&E''), San Diego Gas and Electric (``SDG&E''), and Southern 
California Edison (``SCE'') (hereinafter the ``California IOUs''). On 
January 27, 2020, Midea subsequently submitted a rebuttal statement 
(pursuant to 10 CFR 430.27(d)(3)) in response to this comment.\9\
---------------------------------------------------------------------------

    \9\ DOE also received a non-substantive comment submitted 
anonymously. Comments and the rebuttal statement can be accessed at: 
https://www.regulations.gov/docket?D=EERE-2019-BT-WAV-0009.
---------------------------------------------------------------------------

    The California IOUs recommended that DOE deny Midea's petition for 
waiver and rescind the interim waiver. They urged DOE to address the 
issues raised in the petition for waiver through a room air conditioner 
test procedure rulemaking rather than by granting Midea a test 
procedure waiver. The California IOUs contend that the waiver review 
process does not allow stakeholders sufficient opportunity to consider, 
evaluate, and review the proposed significant changes to the room air 
conditioner test procedure in the alternate test procedure specified by 
DOE in the Midea Notice of Interim Waiver. The California IOUs added 
that the number of amendments to the alternate test procedure granted 
to LG in the LG Decision and Order proposed by DOE for the Midea Notice 
of Interim Waiver show that more extensive discussion of the issues 
raised in Midea's petition for waiver are required. (California IOUs, 
No. 5 at p. 1)
    In its rebuttal statement, Midea stated that it is appropriate for 
DOE to grant a test procedure waiver and then subsequently consider 
similar changes to the test procedure in a rulemaking. Midea asserted 
that the purpose of the

[[Page 31484]]

DOE test procedure waiver process is to grant manufacturers relief more 
quickly than the rulemaking process, and then to ensure that the same 
test procedure changes are considered more generally through the 
rulemaking process. Midea further commented that 10 CFR 430.27(j) 
provides a framework for considering waivers regarding the same 
technology addressed in a prior waiver, as in this case with the LG 
Decision and Order. Additionally, Midea stated that the most recent 
version of the Association of Home Appliance Manufacturers (``AHAM'') 
room air conditioner test procedure, AHAM RAC-1-2019, incorporates the 
same approach to testing variable-speed room air conditioners as DOE 
specifies in the alternate test procedure, further supporting Midea's 
petition for waiver. (Midea, No. 7 at pp. 4-5)
    DOE generally agrees with Midea's response, and notes that, 
pursuant to 10 CFR 430.27(h), DOE will grant a waiver from the test 
procedure requirements if DOE determines either that the basic model(s) 
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 or water 
consumption characteristics as to provide materially inaccurate 
comparative data. As discussed, DOE has made such a determination. 
Following the grant of any waiver, DOE must publish a notice of 
proposed rulemaking in the Federal Register to amend its regulations so 
as to eliminate the need for continuation of the waiver and that, as 
soon thereafter as practicable, DOE must publish a final rule in the 
Federal Register. 10 CFR 430.27(l). Therefore, variable-speed room air 
conditioner performance will be addressed in the next test procedure 
rulemaking. Pursuant to 10 CFR 430.27(h)(2), waivers addressed by DOE 
in a test procedure rulemaking terminate on the effective date of the 
final rule.
    The California IOUs also questioned the use of weighting factors 
for the four test conditions in the alternate test procedure based on 
factors in the central air conditioner test procedure in Appendix M. 
They stated that DOE has not sufficiently justified how room air 
conditioner operation is similar enough to that of central air 
conditioners to justify use of the same weighting schema. (California 
IOUs, No. 5 at p. 2)
    As the California IOUs noted, the test condition weighting factors 
specified in the alternate test procedure are those in Appendix M, the 
test procedure for central air conditioners and heat pumps. The 
Appendix M values are based on Air-Conditioning, Heating, and 
Refrigeration Institute (``AHRI'') Standard 210/240-2008 ``Performance 
Rating of Unitary Air-conditioning & Air-source Heat Pump Equipment'' 
(``AHRI 210/240-2008''), which provides test condition outdoor 
temperature weighting factors based on building loads, not specifically 
for central air conditioners. Although room air conditioners may be 
used under different conditions than central air conditioners, the 
building load calculation and weighting factor table provided in AHRI 
210/240-2008 specifically account for different outdoor temperatures 
and resulting building loads, and therefore are equally suitable for 
room air conditioners and central air conditioners. AHRI 210/240-2008 
is an industry recognized consensus standard. In addition, DOE adjusted 
this weighting to eliminate lower temperatures at which room air 
conditioners would not typically be used.
    The California IOUs also stated that the sources for the two 
modeling adjustment factors used to determine the increased capacity 
and reduced electrical power input of a comparable theoretical single-
speed room air conditioner performance at lower temperature outdoor 
test conditions are unclear. As a result, the California IOUs claimed 
that DOE had not demonstrated that a CEER value for a variable-speed 
room air conditioner determined using the alternate test procedure 
would be comparable to a CEER for a single-speed room air conditioner. 
(California IOUs, No. 5 at p. 2)
    In response to the California IOUs comments, Midea stated that DOE 
has already addressed the California IOUs' concerns about the modeling 
adjustment factors in the LG Decision and Order. Midea added that these 
arguments do not demonstrate why DOE should not grant Midea a waiver. 
(Midea, No. 7 at pp. 2-3)
    The capacity and power modeling adjustment factors in section 5.4.1 
of the alternate test procedure are the same as those in the alternate 
test procedure granted to LG in the LG Decision and Order. DOE 
confirmed these adjustment factors for that alternate test procedure 
because they aligned with DOE test data and modeling, and is including 
them in the alternate test procedure for Midea for the same reasons. 
Therefore, DOE is confident that the capacity and power modeling 
adjustment factor values suggested by LG to estimate performance of a 
theoretical comparable single-speed room air conditioner at reduced 
outdoor temperature conditions are appropriate and representative of 
expected performance.
    With respect to the performance adjustment factor calculated in 
section 5.4.8 of the alternate test procedure, DOE requires the use of 
this factor to ensure that variable-speed room air conditioner CEER 
values determined using the alternate test procedure are comparable to 
single-speed room air conditioner values determined in accordance with 
the current single-speed test method. The performance adjustment factor 
is calculated as the percentage improvement of the weighted-average 
CEER value of the variable-speed room air conditioner compared to the 
weighted-average CEER value of a theoretical comparable single-speed 
room air conditioner under the four defined test conditions. After 
calculating the performance adjustment factor, it is multiplied by the 
CEER value of the variable-speed unit when tested at the 95 [deg]F test 
condition according to Appendix F, resulting in the final CEER metric 
for the variable-speed room air conditioner. By using this approach, 
all CEER values are based on room air conditioner performance at the 95 
[deg]F test condition, with variable-speed room air conditioners 
appropriately receiving credit for their higher efficiency compared to 
single-speed units at other operating conditions.
    For the reasons explained here and in the Midea Notice of Petition 
for Waiver, absent a waiver, the basic models identified by Midea in 
its petition cannot be tested and rated for energy consumption on a 
basis representative of their true energy consumption characteristics. 
DOE has reviewed the recommended procedure suggested by Midea and 
concludes that, as modified in the Interim Waiver Order, it will allow 
for the accurate measurement of the energy use of the product, while 
alleviating the testing problems associated with Midea's implementation 
of DOE's applicable room air conditioner test procedure for the 
specified basic models.
    Thus, DOE is requiring that Midea test and rate specified room air 
conditioner basic models according to the alternate test procedure 
specified in this Decision and Order, which is identical to the 
procedure provided in the interim waiver.
    This Decision and Order is applicable only to the basic models 
specified and does not extend to any other basic models. DOE evaluates 
and grants waivers for only those basic models specifically set out in 
the petition, not future models that may be manufactured

[[Page 31485]]

by the petitioner. Midea may request that DOE extend the scope of this 
waiver to include additional basic models that employ the same 
technology as those specified in this waiver. 10 CFR 430.27(g). Midea 
may also submit another petition for waiver from the test procedure for 
additional basic models that employ a different technology and meet the 
criteria for test procedure waivers. 10 CFR 430.27(a)(1).
    DOE notes that it may modify or rescind the waiver at any time upon 
DOE's determination that the factual basis underlying the petition for 
waiver is incorrect, or upon a determination that the results from the 
alternate test procedure are unrepresentative of the basic models' true 
energy consumption characteristics. 10 CFR 430.27(k)(1). Likewise, 
Midea may request that DOE rescind or modify the waiver if the company 
discovers an error in the information provided to DOE as part of its 
petition, determines that the waiver is no longer needed, or for other 
appropriate reasons. 10 CFR 430.27(k)(2).
    As set forth above, the test procedure specified in this Decision 
and Order is not the same as the test procedure offered by Midea. If 
Midea believes that the alternate test method it suggested provides 
representative results and is less burdensome than the test method 
required by this Decision and Order, Midea may submit a request for 
modification under 10 CFR 430.27(k)(2) that addresses the concerns that 
DOE has specified with that procedure. Midea may also submit another 
less burdensome alternative test procedure not expressly considered in 
this notice under the same provision.

III. Consultations With Other Agencies

    In accordance with 10 CFR 430.27(f)(2), DOE consulted with the 
Federal Trade Commission staff concerning the Midea petition for 
waiver.

IV. Order

    After careful consideration of all the material that was submitted 
by Midea, the information presented in the LG Notice of Petition for 
Waiver, and comment received in this matter, it is ordered that:
    (1) Midea must, as of the date of publication of this Order in the 
Federal Register, test and rate the following room air conditioner 
basic models with the alternate test procedure as set forth in 
paragraph (2):

------------------------------------------------------------------------
                 Brand                             Basic model
------------------------------------------------------------------------
Midea..................................  MAW08V1DWT
Midea..................................  MAW08V1QWT
Midea..................................  MAW10V1DWT
Midea..................................  MAW10V1QWT
Midea..................................  MAW12V1DWT
Midea..................................  MAW12V1QWT
------------------------------------------------------------------------

    (2) The alternate test procedure for the Midea basic models 
specified in paragraph (1) of this Order is the test procedure for room 
air conditioners prescribed by DOE at 10 CFR part 430, subpart B, 
appendix F and 10 CFR 430.23(f), except: (i) The combined energy 
efficiency ratio (``CEER'') is determined as detailed below, and (ii) 
the average annual energy consumption referenced in 10 CFR 430.23(f)(3) 
is calculated as detailed below. In addition, for each basic model 
specified in paragraph (1), compressor speeds at each test condition 
and control settings for the variable components are to be maintained 
according to the instructions Midea submitted to DOE (https://www.regulations.gov/document?D=EERE-2019-BT-WAV-0009-0003). All other 
requirements of Appendix F and DOE's other relevant regulations remain 
applicable.
    In 10 CFR 430.23, in paragraph (f) revise paragraph (3)(i) to read 
as follows:
    The electrical power input in kilowatts as calculated in section 
5.2.1 of appendix F to this subpart, and
    In 10 CFR 430.23, in paragraph (f) revise paragraph (5) to read as 
follows:
    (5) Calculate the combined energy efficiency ratio for room air 
conditioners, expressed in Btu's per watt-hour, as follows:
    (i) Calculate the quotient of:
    (A) The cooling capacity as determined at the 95 [deg]F outdoor 
test condition, Capacity1, in Btus per hour, as measured in 
accordance with section 5.1 of appendix F to this subpart multiplied by 
the representative average-use cycle of 750 hours of compressor 
operation per year, divided by
    (B) The combined annual energy consumption, in watt hours, which is 
the sum of the annual energy consumption for cooling mode, calculated 
in section 5.4.2 of appendix F to this subpart for test condition 1 in 
Table 1 of appendix F to this subpart, and the standby mode and off 
mode energy consumption, as measured in accordance with section 5.3 of 
appendix F to this subpart. Multiply the sum of the annual energy 
consumption in cooling mode and standby mode and off mode energy 
consumption by a conversion factor of 1,000 to convert kilowatt-hours 
to watt-hours.
    (ii) Multiply the quotient calculated in paragraph (f)(5)(i) of 
this section by (1 + Fp), where Fp is the variable-speed room air 
conditioner unit's performance adjustment factor as calculated in 
section 5.4.8 of appendix F to this subpart.
    (iii) Round the resulting value from paragraph (f)(5)(ii) of this 
section to the nearest 0.1 Btu per watt-hour.
    In 10 CFR part 430, subpart B, Appendix F:
    Add in Section 1, Definitions:
    1.8 ``Single-speed'' means a type of room air conditioner that 
cannot automatically adjust the compressor speed based on detected 
conditions.
    1.9 ``Variable-speed'' means a type of room air conditioner that 
can automatically adjust the compressor speed based on detected 
conditions.
    1.10 ``Full compressor speed (full)'' means the compressor speed 
specified by GD Midea Air Conditioning Equipment Co. LTD. (Docket No. 
EERE-2019-BT-WAV-0009-0003) at which the unit operates at full load 
testing conditions.
    1.11 ``Intermediate compressor speed (intermediate)'' means the 
compressor speed higher than the low compressor speed by one third of 
the difference between low compressor speed and full compressor speed 
with a tolerance of plus 5 percent (designs with non-discrete 
compressor speed stages) or the next highest inverter frequency step 
(designs with discrete compressor speed steps).
    1.12 ``Low compressor speed (low)'' means the compressor speed 
specified by GD Midea Air Conditioning Equipment Co. LTD. (Docket No. 
EERE-2019-BT-WAV-0009-0003) at which the unit operates at low load test 
conditions, such that Capacity4, the measured cooling 
capacity at test condition 4 in Table 1 of this appendix, is no less 
than 47 percent and no greater than 57 percent of Capacity1, 
the measured cooling capacity with the full compressor speed at test 
condition 1 in Table 1 of this appendix.
    1.13 ``Theoretical comparable single-speed room air conditioner'' 
means a theoretical single-speed room air conditioner with the same 
cooling capacity and electrical power input as the variable-speed room 
air conditioner unit under test, with no cycling losses considered, at 
test condition 1 in Table 1 of this appendix.
    Add to the end of Section 2.1 Cooling:
    For the purposes of this waiver, test each unit following the 
cooling mode test a total of four times: One test at each of the test 
conditions listed in Table 1 of this appendix, consistent with section 
3.1 of this appendix.

[[Page 31486]]

    Revise Section 3.1, Cooling mode, to read as follows:
    Cooling mode. Establish the test conditions described in sections 4 
and 5 of ANSI/AHAM RAC-1 (incorporated by reference; see 10 CFR 430.3) 
and in accordance with ANSI/ASHRAE 16 (incorporated by reference; see 
10 CFR 430.3), with the following exceptions: Conduct the set of four 
cooling mode tests with the test conditions in Table 1 of this 
appendix. Set the compressor speed required for each test condition in 
accordance with instructions GD Midea Air Conditioning Equipment Co. 
LTD provided to DOE (Docket No. EERE-2019-BT-WAV-0009-0003).

                               Table 1--Indoor and Outdoor Inlet Air Test Conditions--Variable-Speed Room Air Conditioners
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               Evaporator inlet (indoor) air,  Condenser inlet (outdoor) air,
                                                          ([deg]F)                        ([deg]F)
                Test condition                ----------------------------------------------------------------              Compressor speed
                                                  Dry bulb        Wet bulb        Dry bulb        Wet bulb
--------------------------------------------------------------------------------------------------------------------------------------------------------
Test Condition 1.............................              80              67              95              75  Full.
Test Condition 2.............................              80              67              92            72.5  Full.
Test Condition 3.............................              80              67              87              69  Intermediate.
Test Condition 4.............................              80              67              82              65  Low.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Replace Section 5.1 to read as follows:
    Calculate the condition-specific cooling capacity (expressed in 
Btu/h), Capacitytc, for each of the four cooling mode rating 
test conditions (tc), as required in section 6.1 of ANSI/AHAM RAC-1 
(incorporated by reference; see 10 CFR 430.3) and in accordance with 
ANSI/ASHRAE 16 (incorporated by reference; see 10 CFR 430.3). 
Notwithstanding the requirements of 10 CFR 430.23(f), when reporting 
cooling capacity pursuant to 10 CFR 429.15(b)(2) and calculating energy 
consumption and costs pursuant to 10 CFR 430.23(f), use the cooling 
capacity determined for test condition 1 in Table 1 of this appendix.
    Replace Section 5.2 to read as follows:
    Determine the condition-specific electrical power input (expressed 
in watts), Ptc, for each of the four cooling mode rating 
test conditions, as required by section 6.5 of ANSI/AHAM RAC-1 
(incorporated by reference; see 10 CFR 430.3) and in accordance with 
ANSI/ASHRAE 16 (incorporated by reference; see 10 CFR 430.3). 
Notwithstanding the requirements of 10 CFR 430.23(f), when reporting 
electrical power input pursuant to 10 CFR 429.15(b)(2) and calculating 
energy consumption and costs pursuant to 10 CFR 430.23(f)(5), use the 
electrical power input value measured for test condition 1 in Table 1 
of this appendix. Notwithstanding the requirements of 10 CFR 430.23(f), 
when calculating energy consumption and costs pursuant to 10 CFR 
430.23(f)(3), use the weighted electrical power input, Pwt, 
calculated in section 5.2.1 of this appendix, as the electrical power 
input.
    Insert a new Section 5.2.1:
    5.2.1 Weighted electrical power input. Calculate the weighted 
electrical power input in cooling mode, Pwt, expressed in 
watts, as follows:

Pwt = [Sigma][hairsp]tcPtc x Wtc

Where:

Pwt = weighted electrical power input, in watts, in 
cooling mode.
Ptc = electrical power input, in watts, in cooling mode 
for each test condition in Table 1 of this appendix.
Wtc = weighting factors for each cooling mode test 
condition: 0.05 for test condition 1, 0.16 for test condition 2, 
0.31 for test condition 3, and 0.48 for test condition 4.
tc represents the cooling mode test condition: ``1'' for test 
condition 1 (95 [deg]F condenser inlet dry-bulb temperature), ``2'' 
for test condition 2 (92 [deg]F), ``3'' for test condition 3 (87 
[deg]F), and ``4'' for test condition 4 (82 [deg]F).

Add a new Section 5.4, following Section 5.3 Standby mode and off mode 
annual energy consumption:
    5.4 Variable-speed room air conditioner unit's performance 
adjustment factor. Calculate the performance adjustment factor (Fp) as 
follows:
    5.4.1 Theoretical comparable single-speed room air conditioner. 
Calculate the cooling capacity, expressed in British thermal units per 
hour (Btu/h), and electrical power input, expressed in watts, for a 
theoretical comparable single-speed room air conditioner at all cooling 
mode test conditions.

Capacityss_tc = Capacity1 x (1 + (Mc x 
(95-Ttc)))
Pss_tc = P1 x (1-(Mp x (95-
Ttc)))

Where:

Capacityss_tc = theoretical comparable single-speed room 
air conditioner cooling capacity, in Btu/h, calculated for each of 
the cooling mode test conditions in Table 1 of this appendix.
Capacity1 = variable-speed room air conditioner unit's 
cooling capacity, in Btu/h, measured in section 5.1 of this appendix 
for test condition 1 in Table 1 of this appendix.
Pss_tc = theoretical comparable single-speed room air 
conditioner electrical power input, in watts, calculated for each of 
the cooling mode test conditions in Table 1 of this appendix.
P1 = variable-speed room air conditioner unit's 
electrical power input, in watts, measured in section 5.2 of this 
appendix for test condition 1 in Table 1 of this appendix.
Mc = adjustment factor to determine the increased 
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.
Ttc = condenser inlet dry-bulb temperature for each of 
the test conditions in Table 1 of this appendix (in [deg]F).
95 is the condenser inlet dry-bulb temperature for test condition 1 
in Table 1 of this appendix, 95 [deg]F.
tc as explained in section 5.2.1 of this appendix.

    5.4.2 Variable-speed room air conditioner unit's annual energy 
consumption for cooling mode at each cooling mode test condition. 
Calculate the annual energy consumption for cooling mode under each 
test condition, AECtc, expressed in kilowatt-hours per year 
(kWh/year), as follows:

AECtc = 0.75 x Ptc

Where:

AECtc = variable-speed room air conditioner unit's annual 
energy consumption, in kWh/year, in cooling mode for each test 
condition in Table 1 of this appendix.
Ptc as defined in section 5.2.1 of this appendix.
tc as explained in section 5.2.1 of this appendix.
0.75 is 750 annual operating hours in cooling mode multiplied by a 
0.001 kWh/Wh conversion factor from watt-hours to kilowatt-hours.

    5.4.3 Theoretical comparable single-speed room air conditioner 
annual energy consumption for cooling mode at each cooling mode test 
condition. Calculate the annual energy consumption for a theoretical 
comparable single-speed room air conditioner for cooling mode under 
each test condition, AECss_tc, expressed in kWh/year.

AECss\tc = 0.75 x Pss\tc


[[Page 31487]]


Where:

AECss_tc = theoretical comparable single-speed room air 
conditioner annual energy consumption, in kWh/year, in cooling mode 
for each test condition in Table 1 of this appendix.
Pss_tc = theoretical comparable single-speed room air 
conditioner electrical power input, in watts, in cooling mode for 
each test condition in Table 1 of this appendix, calculated in 
section 5.4.1 of this appendix.
tc as explained in section 5.2.1 of this appendix.
0.75 as defined in section 5.4.2 of this appendix.

    5.4.4 Variable-speed room air conditioner unit's combined energy 
efficiency ratio at each cooling mode test condition. Calculate the 
variable-speed room air conditioner unit's combined energy efficiency 
ratio, CEERtc, for each test condition, expressed in Btu/Wh.
[GRAPHIC] [TIFF OMITTED] TN26MY20.000

Where:

CEERtc = variable-speed room air conditioner unit's 
combined energy efficiency ratio, in Btu/Wh, for each test condition 
in Table 1 of this appendix.
Capacitytc = variable-speed room air conditioner unit's 
cooling capacity, in Btu/h, for each test condition in Table 1 of 
this appendix, measured in section 5.1 of this appendix.
AECtc = variable-speed room air conditioner unit's annual 
energy consumption, in kWh/yr, in cooling mode for each test 
condition in Table 1 of this appendix, calculated in section 5.4.2 
of this appendix.
ETSO = standby mode and off mode annual energy 
consumption for room air conditioners, in kWh/year, calculated in 
section 5.3 of this appendix.
tc as explained in section 5.2.1 of this appendix.
0.75 as defined in section 5.4.2 of this appendix.

    5.4.5 Theoretical comparable single-speed room air conditioner 
combined energy efficiency ratio at each cooling mode test condition. 
Calculate the combined energy efficiency ratio for a theoretical 
comparable single-speed room air conditioner, CEERss_tc, for 
each test condition, expressed in Btu/Wh.
[GRAPHIC] [TIFF OMITTED] TN26MY20.001

Where:

CEERss_tc = theoretical comparable single-speed room air 
conditioner combined energy efficiency ratio, in Btu/Wh, for each 
test condition in Table 1 of this appendix.
Capacityss_tc = theoretical comparable single-speed room 
air conditioner cooling capacity, in Btu/h, for each test condition 
in Table 1 of this appendix, in Btu/h, calculated in section 5.4.1 
of this appendix.
AECss_tc = theoretical comparable single-speed room air 
conditioner annual energy consumption for each test condition in 
Table 1 of this appendix, in kWh/year, calculated in section 5.4.3 
of this appendix.
ETSO = standby mode and off mode annual energy 
consumption for room air conditioners, in kWh/year, calculated in 
section 5.3 of this appendix.
tc as explained in section 5.2.1 of this appendix.
0.75 as defined in section 5.4.2 of this appendix.

    5.4.6 Theoretical comparable single-speed room air conditioner 
adjusted combined energy efficiency ratio for each cooling mode test 
condition. Calculate the adjusted combined energy efficiency ratio for 
a theoretical comparable single-speed room air conditioner, 
CEERss_tc_adj, with cycling losses considered, expressed in 
Btu/Wh.

CEERss\tc\adj = CEERss\tc x CLFtc

Where:

CEERss_tc_adj = theoretical comparable single-speed room 
air conditioner adjusted combined energy efficiency ratio, in Btu/
Wh, for each test condition in Table 1 of this appendix.
CEERss_tc = theoretical comparable single-speed room air 
conditioner adjusted combined energy efficiency ratio, in Btu/Wh, 
for each test condition in Table 1 of this appendix, calculated in 
section 5.4.5 of this appendix.
CLFtc = cycling loss factor for each cooling mode test 
condition: 1 for test condition 1, 0.971 for test condition 2, 0.923 
for test condition 3, and 0.875 for test condition 4.
tc as explained in section 5.2.1 of this appendix.

    5.4.7 Weighted combined energy efficiency ratio. Calculate the 
weighted combined energy efficiency ratio for the variable-speed room 
air conditioner unit, CEERwt, and theoretical comparable 
single-speed room air conditioner, CEERss_wt, expressed in 
Btu/Wh.

CEERwt = [Sigma][hairsp]tcCEERtc x Wtc
CEERss\wt = [Sigma][hairsp]tcCEERss\tc\adj x Wtc

Where:

CEERwt = variable-speed room air conditioner unit's 
weighted combined energy efficiency ratio, in Btu/Wh.
CEERss_wt = theoretical comparable single-speed room air 
conditioner weighted combined energy efficiency ratio, in Btu/Wh.
CEERtc = variable-speed room air conditioner unit's 
combined energy efficiency ratio, in Btu/Wh, at each test condition 
in Table 1 of this appendix, calculated in section 5.4.4 of this 
appendix.
CEERss_tc_adj = theoretical comparable single-speed room 
air conditioner adjusted combined energy efficiency ratio, in Btu/
Wh, at each test condition in Table 1 of this appendix, calculated 
in section 5.4.6 of this appendix.
Wtc as defined in section 5.2.1 of this appendix.
tc as explained in section 5.2.1 of this appendix.

    5.4.8 Variable-speed room air conditioner unit's performance 
adjustment factor. Calculate the variable-speed room air conditioner 
unit's performance adjustment factor, Fp.
[GRAPHIC] [TIFF OMITTED] TN26MY20.002


Where:

Fp = variable-speed room air conditioner unit's 
performance adjustment factor.
CEERwt = variable-speed room air conditioner unit's 
weighted combined energy efficiency ratio, in Btu/Wh, calculated in 
section 5.4.7 of this appendix.
CEERss_wt = theoretical comparable single-speed room air 
conditioner weighted combined energy efficiency ratio, in Btu/Wh, 
calculated in section 5.4.7 of this appendix.

    (3) Representations. Midea may not make representations about the 
efficiency of any basic model specified in paragraph (1) for any 
purpose, including, for example, compliance and marketing, unless the 
basic model has been tested in accordance with the provisions set forth 
above and such representations fairly disclose the results of such 
testing.
    (4) This waiver shall remain in effect according to the provisions 
of 10 CFR 430.27.
    (5) DOE issues this waiver to Midea on the condition that the 
statements, representations, and documents provided by Midea are valid. 
Any modifications to the controls or configurations of a basic model 
subject to this waiver will render the waiver invalid with respect to 
that basic model, and Midea will either be required to use the current 
Federal test procedure or submit a new application for a test procedure 
waiver. DOE may rescind 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, Midea may request that 
DOE rescind or modify the waiver if Midea discovers an error in the 
information provided to DOE as part of its petition,

[[Page 31488]]

determines that the waiver is no longer needed, or for other 
appropriate reasons. 10 CFR 430.27(k)(2).
    (6) Midea remains obligated to fulfill any certification 
requirements set forth at 10 CFR part 429.

    Signed in Washington, DC, on May 8, 2020.

Alexander N. Fitzsimmons,

Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.

[FR Doc. 2020-11214 Filed 5-22-20; 8:45 am]
BILLING CODE 6450-01-P
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