Energy Conservation Program: Notice of Petition for Waiver of LG Electronics U.S.A., Inc. From the Department of Energy Central Air Conditioners and Heat Pumps Test Procedure and Notice of Grant of Interim Waiver, 40272-40282 [2020-14402]

Download as PDF 40272 Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices part of their response to GE.2 Advanced Energy added that it developed a mechanism for safeguarding impartiality as described in Section 5.2 of the ISO– IEC 17065 Operations Manual and explained that these specific procedures mitigate the risks mentioned by GE. (Advanced Energy, No. 11.1 at p.1) In reviewing the comment and response, DOE finds no specific cause to reject Advanced Energy’s request for recognition as a nationally recognized certification program for electric motors and small electric motors. Therefore, the Department hereby announces its final determination pursuant to 10 CFR 431.21(d) and 10 CFR 431.448(d) that Advanced Energy is classified as a nationally recognized certification program for electric motors and small electric motors. Signing Authority This document of the Department of Energy was signed on June 26, 2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy, 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 June 30, 2020. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2020–14400 Filed 7–2–20; 8:45 am] khammond on DSKJM1Z7X2PROD with NOTICES BILLING CODE 6450–01–P 2 Copies of these documents were added to the docket (Advanced Energy, No. 11.2—No 11.6) VerDate Sep<11>2014 04:41 Jul 03, 2020 Jkt 250001 DEPARTMENT OF ENERGY [Case Number 2019–008; EERE–2019–BT– WAV–0023] Energy Conservation Program: Notice of Petition for Waiver of LG Electronics U.S.A., Inc. From the Department of Energy Central Air Conditioners and Heat Pumps Test Procedure and Notice of Grant of Interim Waiver Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of petition for waiver and grant of an interim waiver; request for comments. AGENCY: This notice announces receipt of and publishes a petition for waiver and interim waiver from LG Electronics U.S.A., Inc. (‘‘LGE’’), which seeks a waiver from the U.S. Department of Energy (‘‘DOE’’) test procedure used for determining the efficiency of specified central air conditioner (‘‘CAC’’) and heat pump (‘‘HP’’) basic models. DOE also gives notice of an Interim Waiver Order that requires LGE to test and rate specified CAC and HP basic models in accordance with the alternate test procedure set forth in the Interim Waiver Order. DOE solicits comments, data, and information concerning LGE’s petition and its suggested alternate test procedure so as to inform DOE’s final decision on LGE’s waiver request. DATES: The Interim Waiver Order is effective on July 6, 2020. Written comments and information will be accepted on or before August 5, 2020. ADDRESSES: Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at https://www.regulations.gov. Alternatively, interested persons may submit comments, identified by case number ‘‘2019–008’’, and Docket number ‘‘EERE–2019–BT–WAV–0023,’’ by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Email: LG2019WAV0023@ ee.doe.gov. Include case number, 2019– 008, in the subject line of the message. • Postal Mail: Appliance and Equipment Standards Program, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, Mailstop EE–5B, Petition for Waiver Case No. 2019–008, 1000 Independence Avenue SW, Washington, DC 20585–0121. If possible, please submit all items on a compact disc (‘‘CD’’), in which case it is not necessary to include printed copies. • Hand Delivery/Courier: Appliance and Equipment Standards Program, U.S. SUMMARY: PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 Department of Energy, Building Technologies Office, 950 L’Enfant Plaza SW, 6th Floor, Washington, DC 20024. If possible, please submit all items on a ‘‘CD’’, in which case it is not necessary to include printed copies. No telefacsimilies (faxes) will be accepted. For detailed instructions on submitting comments and additional information on this process, see the SUPPLEMENTARY INFORMATION section of this document. Docket: The docket, which includes Federal Register notices, comments, and other supporting documents/ materials, is available for review at https://www.regulations.gov. All documents in the docket are listed in the https://www.regulations.gov index. However, some documents listed in the index, such as those containing information that is exempt from public disclosure, may not be publicly available. The docket web page can be found https://www.regulations.gov/ docket?D=EERE-2019-BT-WAV-0023. The docket web page contains instruction on how to access all documents, including public comments, in the docket. See the SUPPLEMENTARY INFORMATION section for information on how to submit comments through https://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, Mailstop EE–5B, 1000 Independence Avenue SW, Washington, DC 20585–0121. Email: AS_Waiver_Request@ee.doe.gov. Mr. Pete Cochran, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC–33, Forrestal Building, 1000 Independence Avenue SW, Washington, DC 20585–0103. Telephone: (202) 586–9496. Email: Peter.Cochran@hq.doe.gov. SUPPLEMENTARY INFORMATION: DOE is publishing LGE’s petition for waiver in its entirety, pursuant to 10 CFR 430.27(b)(1)(iv), absent any confidential business information. DOE invites all interested parties to submit in writing by August 5, 2020, comments and information on all aspects of the petition, including the alternate test procedure. Pursuant to 10 CFR 430.27(d), any person submitting written comments to DOE must also send a copy of such comments to the petitioner. The contact information for the petitioner is Jean-Cyril Walker, walker@khlaw.com, Keller and Heckman LLP, 1001 G Street NW, Suite 500 West, Washington, DC 20001. Submitting comments via https:// www.regulations.gov. The https:// E:\FR\FM\06JYN1.SGM 06JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices www.regulations.gov web page will require you to provide your name and contact information. Your contact information will be viewable to DOE Building Technologies staff only. Your contact information will not be publicly viewable except for your first and last names, organization name (if any), and submitter representative name (if any). If your comment is not processed properly because of technical difficulties, DOE will use this information to contact you. If DOE cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment. However, your contact information will be publicly viewable if you include it in the comment or in any documents attached to your comment. Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment. Persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments. Do not submit to https:// www.regulations.gov information for which disclosure is restricted by statute, such as trade secrets and commercial or financial information (hereinafter referred to as Confidential Business Information (‘‘CBI’’)). Comments submitted through https:// www.regulations.gov cannot be claimed as CBI. Comments received through the website will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section. DOE processes submissions made through https://www.regulations.gov before posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that https:// www.regulations.gov provides after you have successfully uploaded your comment. Submitting comments via email, hand delivery/courier, or postal mail. Comments and documents submitted via email, hand delivery/courier, or postal mail also will be posted to https:// www.regulations.gov. If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information on a cover letter. VerDate Sep<11>2014 04:41 Jul 03, 2020 Jkt 250001 Include your first and last names, email address, telephone number, and optional mailing address. The cover letter will not be publicly viewable as long as it does not include any comments. Include contact information each time you submit comments, data, documents, and other information to DOE. If you submit via postal mail or hand delivery/ courier, please provide all items on a CD, if feasible. It is not necessary to submit printed copies. No facsimiles (faxes) will be accepted. Comments, data, and other information submitted to DOE electronically should be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format. Provide documents that are not secured, written in English and free of any defects or viruses. Documents should not contain special characters or any form of encryption and, if possible, they should carry the electronic signature of the author. Campaign form letters. Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters’ names compiled into one or more PDFs. This reduces comment processing and posting time. Confidential Business Information. According to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit via email, postal mail, or hand delivery/courier two well-marked copies: one copy of the document marked confidential including all the information believed to be confidential, and one copy of the document marked ‘‘non-confidential’’ with the information believed to be confidential deleted. Submit these documents via email or on a CD, if feasible. DOE will make its own determination about the confidential status of the information and treat it according to its determination. It is DOE’s policy that all comments may be included in the public docket, without change and as received, including any personal information provided in the comments (except information deemed to be exempt from public disclosure). Signing Authority This document of the Department of Energy was signed on June 26, 2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy, pursuant to delegated authority from the Secretary of Energy. That document with the PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 40273 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 June 30, 2020. Treena V. Garrett, Federal Register Liaison Officer,U.S. Department of Energy. Case Number 2019–008 Interim Waiver Order I. Background and Authority The Energy Policy and Conservation Act, as amended (‘‘EPCA’’),1 among other things, authorizes the U.S. Department of Energy (‘‘DOE’’) to regulate the energy efficiency of a number of consumer products and industrial equipment. (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 central air conditioners and central air conditioning heat pumps (CACs and HPs), the subject of this Interim Waiver Order. (42 U.S.C. 6292(a)(3)) Under EPCA, DOE’s energy conservation program 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), energy conservation standards (42 U.S.C. 6295), test procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), 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 1 All references to EPCA in this document refer to the statute as amended through America’s Water Infrastructure Act of 2018, Public Law 115–270 (October 23, 2018). 2 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated as Part A. E:\FR\FM\06JYN1.SGM 06JYN1 khammond on DSKJM1Z7X2PROD with NOTICES 40274 Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), and (2) making 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 the 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 CACs and HPs is contained in the Code of Federal Regulations (‘‘CFR’’) at 10 CFR part 430, subpart B, appendix M, Uniform Test Method for Measuring the Energy Consumption of Central Air Conditioners and Heat Pumps (referred to in this Interim Waiver Order as ‘‘appendix M’’). Under 10 CFR 430.27, any interested person may submit a petition for waiver from DOE’s test procedure requirements. DOE will grant a waiver from the test procedure requirements if DOE determines either that the basic model for which the waiver was requested contains a design characteristic that prevents testing of the basic model according to the prescribed test procedures, or that the prescribed test procedures evaluate the basic model in a manner so unrepresentative of its true energy consumption characteristics as to provide materially inaccurate comparative data. See 10 CFR 430.27(f)(2). A petitioner must include in its petition any alternate test procedures known to the petitioner to evaluate the performance of the product type in a manner representative of the energy consumption characteristics of the basic model. See 10 CFR 430.27(b)(1)(iii). DOE may grant the waiver subject to conditions, including adherence to alternate test procedures. See 10 CFR 430.27(f)(2). As soon as practicable after the granting of any waiver, DOE will publish in the Federal Register a notice of proposed rulemaking to amend its regulations so as to eliminate any need for the continuation of such waiver. See 10 CFR 430.27(l). As soon thereafter as practicable, DOE will publish in the Federal Register a final rule. Id. VerDate Sep<11>2014 04:41 Jul 03, 2020 Jkt 250001 The waiver process also provides that DOE may grant an interim waiver if it appears likely that the underlying petition for waiver will be granted and/ or if DOE determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the underlying petition for waiver. See 10 CFR 430.27(e)(2). Within one year of issuance of an interim waiver, DOE will either: (i) Publish in the Federal Register a determination on the petition for waiver; or (ii) publish in the Federal Register a new or amended test procedure that addresses the issues presented in the waiver. See 10 CFR 430.27(h)(1). When DOE amends the test procedure to address the issues presented in a waiver, the waiver will automatically terminate on the date on which use of that test procedure is required to demonstrate compliance. See 10 CFR 430.27(h)(2). II. LGE’s Petition for Waiver and Interim Waiver On September 5, 2019, LGE filed a petition for waiver and interim waiver from the test procedure for CACs and HPs set forth at appendix M. According to LGE, appendix M does not include provisions for determining cooling intermediate air volume rate, cooling minimum air volume rate, and heating intermediate air volume rate for the variable-speed coil-only single-split systems specified in its petition. LGE asserts that although the CAC and HP test procedure at appendix M provides for testing of variable-speed systems, it does not contemplate the variation presented by systems comprised of LGE’s variable-speed coil-only singlesplit systems. LGE notes that DOE previously granted waivers to GD Midea Heating & Ventilating Equipment Co., Ltd. (‘‘GD Midea’’) and TCL air conditioner (zhongshan) Co. Ltd. (‘‘TCL AC’’), for systems that contain variablespeed outdoor units that are noncommunicative systems for which compressor speed varies based only on controls located on the outdoor unit that is paired with an indoor unit that maintains a constant indoor blower fan speed. 83 FR 56065 and 84 FR 11941. LGE asserts that testing the variablespeed coil-only single-split systems specified in its petition pursuant to the current appendix M procedure does not yield results that are representative of the systems’ true energy consumption characteristics. LGE also requests an interim waiver from the existing DOE test procedure for the same reasons set forth by GD Midea and TCL AC. DOE will grant an interim PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 waiver if it appears likely that the petition for waiver will be granted, and/ or if DOE determines that it would be desirable for public policy reasons to grant immediate relief pending a determination of the petition for waiver. See 10 CFR 430.27(e)(2). III. Requested Alternate Test Procedure EPCA requires that manufacturers use DOE test procedures when making representations about the energy consumption and energy consumption costs of covered products. (42 U.S.C. 6293(c)) Consistent representations are important when making representations about the energy efficiency of products, including when demonstrating compliance with applicable DOE energy conservation standards. Pursuant to its regulations at 10 CFR 430.27, and after consideration of public comments on the petition, DOE may establish in a subsequent Decision and Order an alternate test procedure for the basic models addressed by the interim waiver. As noted, DOE has granted to GD Midea and TCL AC waivers from the DOE CAC and HP test procedure for variable-speed coil-only single-split systems, subject to use of an alternate test procedure. 84 FR 11941 and 83 FR 56065. In its petition, LGE requests that it be allowed to use the same alternate test procedure as that granted to GD Midea and TCL AC. That is, LGE requests that the specified basic models listed in the petition be tested according to the test procedure for CACs and HPs prescribed by DOE at appendix M, except that, as described below, the cooling full-load air volume rate would also be used as the cooling intermediate and cooling minimum air volume rates, and the heating full-load air volume rate would also be used as the heating intermediate air volume rate. IV. Interim Waiver Order DOE has reviewed LGE’s application for an interim waiver, the alternate test procedure requested by LGE, and the additional materials LGE provided in support of its petition. Based on this review, the alternate test procedure appears to allow for the accurate measurement of the of efficiency of the products specified in LGE’s petition, while alleviating the testing problems associated with the six basic models specified in its petition. Consequently, it appears likely that LGE’s petition for waiver will be granted. Furthermore, DOE has determined that it is desirable for public policy reasons to grant LGE immediate relief pending a determination of the petition for waiver. For the reasons stated, it is ordered that: E:\FR\FM\06JYN1.SGM 06JYN1 40275 Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices (1) LGE must test and rate the central air conditioner and heat pump (‘‘CAC and HP’’) basic models LUU189HV, LUU249HV, LUU369HV, LUU429HV, LUU488HV, and LUU489HV, which are comprised of the individual Basic model No. Brand LUU189HV ......................................... LUU249HV ......................................... LUU369HV ......................................... LUU429HV ......................................... LUU488HV ......................................... khammond on DSKJM1Z7X2PROD with NOTICES LUU489HV ......................................... 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Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. Inc. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. .............. LUU189HV LUU189HV LUU189HV LUU189HV LUU189HV LUU189HV LUU189HV LUU189HV LUU249HV LUU249HV LUU249HV LUU249HV LUU249HV LUU249HV LUU249HV LUU249HV LUU369HV LUU369HV LUU369HV LUU369HV LUU369HV LUU369HV LUU369HV LUU369HV LUU429HV LUU429HV LUU429HV LUU429HV LUU429HV LUU429HV LUU429HV LUU429HV LUU488HV LUU488HV LUU488HV LUU488HV LUU488HV LUU488HV LUU488HV LUU488HV LUU489HV LUU489HV LUU489HV LUU489HV LUU489HV LUU489HV LUU489HV LUU489HV appendix M shall also be used as the heating intermediate air volume rate. All other requirements of appendix M and DOE’s regulations remain applicable. In 3.1.4.2, Cooling Minimum Air Volume Rate, include: f. For ducted variable-speed compressor systems tested with a coilonly indoor unit, the cooling minimum air volume rate is the same as the cooling full-load air volume rate determined in section 3.1.4.1.1.c. 3 The specified basic models contain individual combinations that each consist of an outdoor unit that uses a variable speed compressor matched with a coil-only indoor unit. 04:41 Jul 03, 2020 Jkt 250001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 Coil-only indoor unit ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... ....................................... (2) The alternate test procedure for the LGE basic models identified in paragraph (1) of this Interim Waiver Order is the test procedure for CACs and HPs prescribed by DOE at 10 CFR part 430, subpart B, appendix M (‘‘appendix M’’), except that as described below, for coil-only combinations: the cooling fullload air volume rate as determined in section 3.1.4.1.1.c of appendix M shall also be used as the cooling intermediate and cooling minimum air volume rates, and the heating full-load air volume rate as determined in section 3.1.4.4.1.a of VerDate Sep<11>2014 combinations listed below,3 using the alternate test procedure set forth in paragraph (2). LG–C1–24–14L LG–C1–24–14R LG–C1–24–17L LG–C1–24–17R LG–A1–24–14L LG–A1–24–14R LG–A1–24–17L LG–A1–24–17R LG–C1–24–14L LG–C1–24–14R LG–C1–36–17L LG–C1–36–17R LG–A1–24–14L LG–A1–24–14R LG–A1–36–17L LG–A1–36–17R LG–C2–36–14L LG–C2–36–14R LG–C1–36–17L LG–C1–36–17R LG–A2–36–14L LG–A2–36–14R LG–A1–36–17L LG–A1–36–17R LG–C2–48–17L LG–C2–48–17R LG–C2–48–21L LG–C2–48–21R LG–A2–48–17L LG–A2–48–17R LG–A2–48–21L LG–A2–48–21R LG–C2–48–17L LG–C2–48–17R LG–C2–48–21L LG–C2–48–21R LG–A2–48–17L LG–A2–48–17R LG–A2–48–21L LG–A2–48–21R LG–C2–48–17L LG–C2–48–17R LG–C2–48–21L LG–C2–48–21R LG–A2–48–17L LG–A2–48–17R LG–A2–48–21L LG–A2–48–21R In 3.1.4.3, Cooling Intermediate Air Volume Rate, include: d. For ducted variable-speed compressor systems tested with a coilonly indoor unit, the cooling intermediate air volume rate is the same as the cooling full-load air volume rate determined in section 3.1.4.1.1.c. In 3.1.4.6, Heating Intermediate Air Volume Rate, include: d. For ducted variable-speed compressor systems tested with a coilonly indoor unit, the heating intermediate air volume rate is the same E:\FR\FM\06JYN1.SGM 06JYN1 40276 Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices khammond on DSKJM1Z7X2PROD with NOTICES as the heating full-load air volume rate determined in section 3.1.4.4.1.a. (3) Representations. LGE may not make representations about the efficiency of the basic models identified in paragraph (1) of this Interim Waiver Order for compliance, marketing, or other purposes unless the basic model has been tested in accordance with the provisions set forth above and such representations fairly disclose the results of such testing. (4) This Interim Waiver Order shall remain in effect according to the provisions of 10 CFR 430.27. (5) This Interim Waiver Order is issued on the condition that the statements, representations, test data, and documentary materials provided by LGE are valid. If LGE makes any modifications to the controls or configurations of these basic models, the Interim Waiver Order will no longer be valid and LGE will either be required to VerDate Sep<11>2014 04:41 Jul 03, 2020 Jkt 250001 use the current Federal test method or submit a new application for a test procedure interim waiver. DOE may rescind or modify this Interim Waiver Order at any time if it determines the factual basis underlying the petition for Interim Waiver Order is incorrect, or the results from the alternate test procedure are unrepresentative of a basic models’ true energy consumption characteristics. See 10 CFR 430.27(k)(1). Likewise, LGE may request that DOE rescind or modify the Interim Waiver Order if LGE discovers an error in the information provided to DOE as part of its petition, determines that the Interim Waiver Order is no longer needed, or for other appropriate reasons. See 10 CFR 430.27(k)(2). (6) Issuance of this Interim Waiver Order does not release LGE from the certification requirements set forth at 10 CFR part 429. PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 DOE makes decisions on waivers and interim waivers for only those basic models specifically set out in the petition, not future models that may be manufactured by the petitioner. LGE may submit a new or amended petition for waiver and request for grant of interim waiver, as appropriate, for additional basic models of CACs and HPs. Alternatively, if appropriate, LGE may request that DOE extend the scope of a waiver or an interim waiver to include additional basic models employing the same technology as the basic model(s) set forth in the original petition consistent with 10 CFR 430.27(g). Signed in Washington, DC, on June 26, 2020. Alexander N. Fitzsimmons, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. BILLING CODE 6450–01–P E:\FR\FM\06JYN1.SGM 06JYN1 VerDate Sep<11>2014 04:41 Jul 03, 2020 Jkt 250001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4725 E:\FR\FM\06JYN1.SGM 06JYN1 40277 EN06JY20.033</GPH> khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices 04:41 Jul 03, 2020 Jkt 250001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4725 E:\FR\FM\06JYN1.SGM 06JYN1 EN06JY20.034</GPH> khammond on DSKJM1Z7X2PROD with NOTICES 40278 VerDate Sep<11>2014 04:41 Jul 03, 2020 Jkt 250001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4725 E:\FR\FM\06JYN1.SGM 06JYN1 40279 EN06JY20.035</GPH> khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices VerDate Sep<11>2014 Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices 04:41 Jul 03, 2020 Jkt 250001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4725 E:\FR\FM\06JYN1.SGM 06JYN1 EN06JY20.036</GPH> khammond on DSKJM1Z7X2PROD with NOTICES 40280 Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices 40281 VerDate Sep<11>2014 04:41 Jul 03, 2020 Jkt 250001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1 EN06JY20.037</GPH> khammond on DSKJM1Z7X2PROD with NOTICES BILLING CODE 6450–01–C 40282 Federal Register / Vol. 85, No. 129 / Monday, July 6, 2020 / Notices Exhibit 1 LGE Notification List TABLE 1—AFFECTED COMPANY NOTIFICATION LIST Company Representative contact Aaon, Inc. ................................................................................................. Advanced Distributor Products, LLC ........................................................ Allied Air Enterprises, LLC ....................................................................... AllStyle Coil Company, LP ....................................................................... Amana Company, LP ............................................................................... Aspen Manufacturing, LLC ....................................................................... AUX Air Conditioner Co., Ltd. .................................................................. Carrier Corporation ................................................................................... Daikin Applied Americas Inc. ................................................................... Daikin North America ............................................................................... ECOER Inc. .............................................................................................. Enviromaster International LLC ................................................................ First Co. .................................................................................................... Friedrich Air Conditioning, LLC ................................................................ Fujitsu General America, Inc. ................................................................... GD Midea Air-Conditioning Equipment Co., Ltd. ..................................... GD Midea Heating & Ventilating Equipment Co., Ltd. ............................. Goodman Manufacturing Company, L.P. dba Daikin Manufacturing Company, L.P. and Goodman Company, L.P. dba Daikin Company, L.P. Gree Electric Appliances, Inc. of Zhuhai .................................................. Guangdong Chigo Air-conditioning Co., Ltd ............................................ Guangdong Chigo Heating & Ventilation Equipment Co., Ltd ................. Haier US Appliance Solutions, Inc., dba GE Appliances, a Haier Company. Hisense (Guangdong) Air Conditioning Co., Ltd. ..................................... Ingersoll Rand Company .......................................................................... Johnson Controls, Inc. .............................................................................. Lennox Industries, Inc. ............................................................................. Mitsubishi Electric Cooling & Heating ...................................................... Mortex Products, Inc. dba Summit Manufacturing ................................... National Comfort Products ....................................................................... Nortek Global HVAC LLC ......................................................................... Panasonic Corporation of North America ................................................ Petra Engineering Industries Co. ............................................................. Qingdao Haier Air Conditioner General Co., Ltd. .................................... Refrigeration Industries Company ............................................................ Rheem Sales Company, Inc. ................................................................... Samsung Electronics Co., Ltd. ................................................................. Sharp Electronics Corporation ................................................................. SpacePak, A Mestek Company ............................................................... Summit Manufacturing, Inc. ...................................................................... TCL Air Conditioner (ZhongShan) Co., Ltd. ............................................. Texas Furnace, LLC ................................................................................. Unico, Inc. ................................................................................................. Villara Corporation .................................................................................... Wolf Steel Ltd ........................................................................................... Zamil Air Conditioners & Home Appliances Co. (L.L.C.) ......................... [FR Doc. 2020–14402 Filed 7–2–20; 8:45 am] BILLING CODE 6450–01–P khammond on DSKJM1Z7X2PROD with NOTICES DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP20–482–000] Enable Gas Transmission, LLC; Notice of Request Under Blanket Authorization Take notice that on June 17, 2020, Enable Gas Transmission, LLC. (EGT), VerDate Sep<11>2014 04:41 Jul 03, 2020 Jkt 250001 alexf@aaon.com greg.goetzinger@adpnow.com Jennifer.george@alliedair.com justinm@allstyle.com Pete.alexander@goodmanmfg.com Jason.Makowski@aspenmfg.com Kangyuqin@auxgroup.com Matthew.P.Gunn@carrier.utc.com thanh.bui@goodmanmfg.com shinichi.nakaishi@goodmanmfg.com yeson@ecoer.com davdre@ecrinternational.com gwright@firstco.com pkendrick@friedrich.com athrudekoos@fujitsugeneral.com zhaoxh1@midea.com.cn yangss@midea.com thanh.bui@goodmanmfg.com; james.kistler@goodmanmfg.com gree.certification@cn.gree.com adyzang@126.com zhujianen@chigo-cac.com yhu@haieramerica.com luoguojian@hisense.com jim.vershaw@irco.com jessie.a.bell@jci.com todd.mcintosh@lennoxind.com pdoppel@hvac.mea.com gpatterson@mortx.com KFordJr@nrac.com Matt.lattanzi@nortek.com hiroaki.tanaka@us.panasonic.com m-bahaa@petra-eng.com.jo liuxuefeng@haier.com edmundo.gabriel@ric.com.kw scott.creamer@rheem.com ck.kolandayan@samsunghvac.com tpruitt@sharpsec.com glenz@mestek.com tsmall@mortx.com kt_ acanales@allstyle.com craig@unicosystem.com radcliffb@villara.com WBesada@napoleonproducts.com sirajuddinm@zamilac.com 910 Louisiana Street, Suite 48040, Houston, Texas 77002, filed in Docket No. CP20–482–000 a prior notice request pursuant to sections 157.205, 157.208, 157.210, and 157.216 of the Commission’s regulations under the Natural Gas Act (NGA), and EGT’s blanket certificate issued in Docket Nos. CP82–384–000 and CP82–384–001, to: (i) install a new 1.5-mile pipeline that will provide transportation service from EGT’s existing Delhi Compressor Station to a tap on EGT’s existing Line CP; (ii) modify the existing Delhi Compressor Station including abandonment of PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 existing compressor units and installation of a new compressor unit package; (iii) permanently remove and relocate an existing compressor unit from EGT’s White River Compressor Station to its existing Byars Lake Compressor Station; (iv) install auxiliary facilities at EGT’s existing FM–63 and FM–65 receiver site; (v) install auxiliary facilities at EGT’s existing Amber Junction Compressor Station; and (vi) install auxiliary facilities at EGT’s existing Beirne Compressor Station. All project work will be conducted within Clark and Jackson Counties, E:\FR\FM\06JYN1.SGM 06JYN1

Agencies

[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Notices]
[Pages 40272-40282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14402]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

[Case Number 2019-008; EERE-2019-BT-WAV-0023]


Energy Conservation Program: Notice of Petition for Waiver of LG 
Electronics U.S.A., Inc. From the Department of Energy Central Air 
Conditioners and Heat Pumps Test Procedure and Notice of Grant of 
Interim Waiver

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

ACTION: Notice of petition for waiver and grant of an interim waiver; 
request for comments.

-----------------------------------------------------------------------

SUMMARY: This notice announces receipt of and publishes a petition for 
waiver and interim waiver from LG Electronics U.S.A., Inc. (``LGE''), 
which seeks a waiver from the U.S. Department of Energy (``DOE'') test 
procedure used for determining the efficiency of specified central air 
conditioner (``CAC'') and heat pump (``HP'') basic models. DOE also 
gives notice of an Interim Waiver Order that requires LGE to test and 
rate specified CAC and HP basic models in accordance with the alternate 
test procedure set forth in the Interim Waiver Order. DOE solicits 
comments, data, and information concerning LGE's petition and its 
suggested alternate test procedure so as to inform DOE's final decision 
on LGE's waiver request.

DATES: The Interim Waiver Order is effective on July 6, 2020. Written 
comments and information will be accepted on or before August 5, 2020.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at https://www.regulations.gov. 
Alternatively, interested persons may submit comments, identified by 
case number ``2019-008'', and Docket number ``EERE-2019-BT-WAV-0023,'' 
by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include case number, 
2019-008, in the subject line of the message.
     Postal Mail: Appliance and Equipment Standards Program, 
U.S. Department of Energy, Office of Energy Efficiency and Renewable 
Energy, Building Technologies Office, Mailstop EE-5B, Petition for 
Waiver Case No. 2019-008, 1000 Independence Avenue SW, Washington, DC 
20585-0121. If possible, please submit all items on a compact disc 
(``CD''), in which case it is not necessary to include printed copies.
     Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. If possible, please 
submit all items on a ``CD'', in which case it is not necessary to 
include printed copies.
    No telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see the SUPPLEMENTARY INFORMATION section of this document.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at https://www.regulations.gov. All documents in the docket are 
listed in the https://www.regulations.gov index. However, some documents 
listed in the index, such as those containing information that is 
exempt from public disclosure, may not be publicly available.
    The docket web page can be found https://www.regulations.gov/docket?D=EERE-2019-BT-WAV-0023. The docket web page contains 
instruction on how to access all documents, including public comments, 
in the docket. See the SUPPLEMENTARY INFORMATION section for 
information on how to submit comments through https://www.regulations.gov.

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

SUPPLEMENTARY INFORMATION: DOE is publishing LGE's petition for waiver 
in its entirety, pursuant to 10 CFR 430.27(b)(1)(iv), absent any 
confidential business information. DOE invites all interested parties 
to submit in writing by August 5, 2020, comments and information on all 
aspects of the petition, including the alternate test procedure. 
Pursuant to 10 CFR 430.27(d), any person submitting written comments to 
DOE must also send a copy of such comments to the petitioner. The 
contact information for the petitioner is Jean-Cyril Walker, 
[email protected], Keller and Heckman LLP, 1001 G Street NW, Suite 500 
West, Washington, DC 20001.
    Submitting comments via https://www.regulations.gov. The https://

[[Page 40273]]

www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to https://www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (``CBI'')). Comments submitted 
through https://www.regulations.gov cannot be claimed as CBI. Comments 
received through the website will waive any CBI claims for the 
information submitted. For information on submitting CBI, see the 
Confidential Business Information section.
    DOE processes submissions made through https://www.regulations.gov 
before posting. Normally, comments will be posted within a few days of 
being submitted. However, if large volumes of comments are being 
processed simultaneously, your comment may not be viewable for up to 
several weeks. Please keep the comment tracking number that https://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to https://www.regulations.gov. If you do not want your personal contact 
information to be publicly viewable, do not include it in your comment 
or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via postal mail 
or hand delivery/courier, please provide all items on a CD, if 
feasible. It is not necessary to submit printed copies. No facsimiles 
(faxes) will be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery/courier two well-marked copies: 
one copy of the document marked confidential including all the 
information believed to be confidential, and one copy of the document 
marked ``non-confidential'' with the information believed to be 
confidential deleted. Submit these documents via email or on a CD, if 
feasible. DOE will make its own determination about the confidential 
status of the information and treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

Signing Authority

    This document of the Department of Energy was signed on June 26, 
2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for 
Energy Efficiency, Energy Efficiency and Renewable Energy, 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 June 30, 2020.
Treena V. Garrett,
Federal Register Liaison Officer,U.S. Department of Energy.

Case Number 2019-008

Interim Waiver Order

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
among other things, authorizes the U.S. Department of Energy (``DOE'') 
to regulate the energy efficiency of a number of consumer products and 
industrial equipment. (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 central air conditioners and central 
air conditioning heat pumps (CACs and HPs), the subject of this Interim 
Waiver Order. (42 U.S.C. 6292(a)(3))
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through America's Water Infrastructure Act of 2018, 
Public Law 115-270 (October 23, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
---------------------------------------------------------------------------

    Under EPCA, DOE's energy conservation program 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), energy conservation standards (42 U.S.C. 6295), test procedures 
(42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), 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

[[Page 40274]]

standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), and (2) making 
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 the 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 CACs and HPs is contained in the 
Code of Federal Regulations (``CFR'') at 10 CFR part 430, subpart B, 
appendix M, Uniform Test Method for Measuring the Energy Consumption of 
Central Air Conditioners and Heat Pumps (referred to in this Interim 
Waiver Order as ``appendix M'').
    Under 10 CFR 430.27, any interested person may submit a petition 
for waiver from DOE's test procedure requirements. DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic model for which the waiver was requested contains a 
design characteristic that prevents testing of the basic model 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. See 10 CFR 
430.27(f)(2). A petitioner must include in its petition any alternate 
test procedures known to the petitioner to evaluate the performance of 
the product type in a manner representative of the energy consumption 
characteristics of the basic model. See 10 CFR 430.27(b)(1)(iii). DOE 
may grant the waiver subject to conditions, including adherence to 
alternate test procedures. See 10 CFR 430.27(f)(2).
    As soon as practicable after the granting of any waiver, DOE will 
publish in the Federal Register a notice of proposed rulemaking to 
amend its regulations so as to eliminate any need for the continuation 
of such waiver. See 10 CFR 430.27(l). As soon thereafter as 
practicable, DOE will publish in the Federal Register a final rule. Id.
    The waiver process also provides that DOE may grant an interim 
waiver if it appears likely that the underlying petition for waiver 
will be granted and/or if DOE determines that it would be desirable for 
public policy reasons to grant immediate relief pending a determination 
on the underlying petition for waiver. See 10 CFR 430.27(e)(2). Within 
one year of issuance of an interim waiver, DOE will either: (i) Publish 
in the Federal Register a determination on the petition for waiver; or 
(ii) publish in the Federal Register a new or amended test procedure 
that addresses the issues presented in the waiver. See 10 CFR 
430.27(h)(1).
    When DOE amends the test procedure to address the issues presented 
in a waiver, the waiver will automatically terminate on the date on 
which use of that test procedure is required to demonstrate compliance. 
See 10 CFR 430.27(h)(2).

II. LGE's Petition for Waiver and Interim Waiver

    On September 5, 2019, LGE filed a petition for waiver and interim 
waiver from the test procedure for CACs and HPs set forth at appendix 
M. According to LGE, appendix M does not include provisions for 
determining cooling intermediate air volume rate, cooling minimum air 
volume rate, and heating intermediate air volume rate for the variable-
speed coil-only single-split systems specified in its petition. LGE 
asserts that although the CAC and HP test procedure at appendix M 
provides for testing of variable-speed systems, it does not contemplate 
the variation presented by systems comprised of LGE's variable-speed 
coil-only single-split systems. LGE notes that DOE previously granted 
waivers to GD Midea Heating & Ventilating Equipment Co., Ltd. (``GD 
Midea'') and TCL air conditioner (zhongshan) Co. Ltd. (``TCL AC''), for 
systems that contain variable-speed outdoor units that are non-
communicative systems for which compressor speed varies based only on 
controls located on the outdoor unit that is paired with an indoor unit 
that maintains a constant indoor blower fan speed. 83 FR 56065 and 84 
FR 11941. LGE asserts that testing the variable-speed coil-only single-
split systems specified in its petition pursuant to the current 
appendix M procedure does not yield results that are representative of 
the systems' true energy consumption characteristics.
    LGE also requests an interim waiver from the existing DOE test 
procedure for the same reasons set forth by GD Midea and TCL AC. DOE 
will grant an interim waiver if it appears likely that the petition for 
waiver will be granted, and/or if DOE determines that it would be 
desirable for public policy reasons to grant immediate relief pending a 
determination of the petition for waiver. See 10 CFR 430.27(e)(2).

III. Requested Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures when 
making representations about the energy consumption and energy 
consumption costs of covered products. (42 U.S.C. 6293(c)) Consistent 
representations are important when making representations about the 
energy efficiency of products, including when demonstrating compliance 
with applicable DOE energy conservation standards. Pursuant to its 
regulations at 10 CFR 430.27, and after consideration of public 
comments on the petition, DOE may establish in a subsequent Decision 
and Order an alternate test procedure for the basic models addressed by 
the interim waiver.
    As noted, DOE has granted to GD Midea and TCL AC waivers from the 
DOE CAC and HP test procedure for variable-speed coil-only single-split 
systems, subject to use of an alternate test procedure. 84 FR 11941 and 
83 FR 56065. In its petition, LGE requests that it be allowed to use 
the same alternate test procedure as that granted to GD Midea and TCL 
AC. That is, LGE requests that the specified basic models listed in the 
petition be tested according to the test procedure for CACs and HPs 
prescribed by DOE at appendix M, except that, as described below, the 
cooling full-load air volume rate would also be used as the cooling 
intermediate and cooling minimum air volume rates, and the heating 
full-load air volume rate would also be used as the heating 
intermediate air volume rate.

IV. Interim Waiver Order

    DOE has reviewed LGE's application for an interim waiver, the 
alternate test procedure requested by LGE, and the additional materials 
LGE provided in support of its petition. Based on this review, the 
alternate test procedure appears to allow for the accurate measurement 
of the of efficiency of the products specified in LGE's petition, while 
alleviating the testing problems associated with the six basic models 
specified in its petition. Consequently, it appears likely that LGE's 
petition for waiver will be granted. Furthermore, DOE has determined 
that it is desirable for public policy reasons to grant LGE immediate 
relief pending a determination of the petition for waiver.
    For the reasons stated, it is ordered that:

[[Page 40275]]

    (1) LGE must test and rate the central air conditioner and heat 
pump (``CAC and HP'') basic models LUU189HV, LUU249HV, LUU369HV, 
LUU429HV, LUU488HV, and LUU489HV, which are comprised of the individual 
combinations listed below,\3\ using the alternate test procedure set 
forth in paragraph (2).
---------------------------------------------------------------------------

    \3\ The specified basic models contain individual combinations 
that each consist of an outdoor unit that uses a variable speed 
compressor matched with a coil-only indoor unit.

----------------------------------------------------------------------------------------------------------------
        Basic model No.                 Brand               Outdoor unit             Coil-only indoor unit
----------------------------------------------------------------------------------------------------------------
LUU189HV......................  LG Electronics         LUU189HV.............  LG-C1-24-14L
                                 U.S.A., Inc..
                                LG Electronics         LUU189HV.............  LG-C1-24-14R
                                 U.S.A., Inc..
                                LG Electronics         LUU189HV.............  LG-C1-24-17L
                                 U.S.A., Inc..
                                LG Electronics         LUU189HV.............  LG-C1-24-17R
                                 U.S.A., Inc..
                                LG Electronics         LUU189HV.............  LG-A1-24-14L
                                 U.S.A., Inc..
                                LG Electronics         LUU189HV.............  LG-A1-24-14R
                                 U.S.A., Inc..
                                LG Electronics         LUU189HV.............  LG-A1-24-17L
                                 U.S.A., Inc..
                                LG Electronics         LUU189HV.............  LG-A1-24-17R
                                 U.S.A., Inc..
LUU249HV......................  LG Electronics         LUU249HV.............  LG-C1-24-14L
                                 U.S.A., Inc..
                                LG Electronics         LUU249HV.............  LG-C1-24-14R
                                 U.S.A., Inc..
                                LG Electronics         LUU249HV.............  LG-C1-36-17L
                                 U.S.A., Inc..
                                LG Electronics         LUU249HV.............  LG-C1-36-17R
                                 U.S.A., Inc..
                                LG Electronics         LUU249HV.............  LG-A1-24-14L
                                 U.S.A., Inc..
                                LG Electronics         LUU249HV.............  LG-A1-24-14R
                                 U.S.A., Inc..
                                LG Electronics         LUU249HV.............  LG-A1-36-17L
                                 U.S.A., Inc..
                                LG Electronics         LUU249HV.............  LG-A1-36-17R
                                 U.S.A., Inc..
LUU369HV......................  LG Electronics         LUU369HV.............  LG-C2-36-14L
                                 U.S.A., Inc..
                                LG Electronics         LUU369HV.............  LG-C2-36-14R
                                 U.S.A., Inc..
                                LG Electronics         LUU369HV.............  LG-C1-36-17L
                                 U.S.A., Inc..
                                LG Electronics         LUU369HV.............  LG-C1-36-17R
                                 U.S.A., Inc..
                                LG Electronics         LUU369HV.............  LG-A2-36-14L
                                 U.S.A., Inc..
                                LG Electronics         LUU369HV.............  LG-A2-36-14R
                                 U.S.A., Inc..
                                LG Electronics         LUU369HV.............  LG-A1-36-17L
                                 U.S.A., Inc..
                                LG Electronics         LUU369HV.............  LG-A1-36-17R
                                 U.S.A., Inc..
LUU429HV......................  LG Electronics         LUU429HV.............  LG-C2-48-17L
                                 U.S.A., Inc..
                                LG Electronics         LUU429HV.............  LG-C2-48-17R
                                 U.S.A., Inc..
                                LG Electronics         LUU429HV.............  LG-C2-48-21L
                                 U.S.A., Inc..
                                LG Electronics         LUU429HV.............  LG-C2-48-21R
                                 U.S.A., Inc..
                                LG Electronics         LUU429HV.............  LG-A2-48-17L
                                 U.S.A., Inc..
                                LG Electronics         LUU429HV.............  LG-A2-48-17R
                                 U.S.A., Inc..
                                LG Electronics         LUU429HV.............  LG-A2-48-21L
                                 U.S.A., Inc..
                                LG Electronics         LUU429HV.............  LG-A2-48-21R
                                 U.S.A., Inc..
LUU488HV......................  LG Electronics         LUU488HV.............  LG-C2-48-17L
                                 U.S.A., Inc..
                                LG Electronics         LUU488HV.............  LG-C2-48-17R
                                 U.S.A., Inc..
                                LG Electronics         LUU488HV.............  LG-C2-48-21L
                                 U.S.A., Inc..
                                LG Electronics         LUU488HV.............  LG-C2-48-21R
                                 U.S.A., Inc..
                                LG Electronics         LUU488HV.............  LG-A2-48-17L
                                 U.S.A., Inc..
                                LG Electronics         LUU488HV.............  LG-A2-48-17R
                                 U.S.A., Inc..
                                LG Electronics         LUU488HV.............  LG-A2-48-21L
                                 U.S.A., Inc..
                                LG Electronics         LUU488HV.............  LG-A2-48-21R
                                 U.S.A., Inc..
LUU489HV......................  LG Electronics         LUU489HV.............  LG-C2-48-17L
                                 U.S.A., Inc..
                                LG Electronics         LUU489HV.............  LG-C2-48-17R
                                 U.S.A., Inc..
                                LG Electronics         LUU489HV.............  LG-C2-48-21L
                                 U.S.A., Inc..
                                LG Electronics         LUU489HV.............  LG-C2-48-21R
                                 U.S.A., Inc..
                                LG Electronics         LUU489HV.............  LG-A2-48-17L
                                 U.S.A., Inc..
                                LG Electronics         LUU489HV.............  LG-A2-48-17R
                                 U.S.A., Inc..
                                LG Electronics         LUU489HV.............  LG-A2-48-21L
                                 U.S.A., Inc..
                                LG Electronics         LUU489HV.............  LG-A2-48-21R
                                 U.S.A., Inc..
----------------------------------------------------------------------------------------------------------------

    (2) The alternate test procedure for the LGE basic models 
identified in paragraph (1) of this Interim Waiver Order is the test 
procedure for CACs and HPs prescribed by DOE at 10 CFR part 430, 
subpart B, appendix M (``appendix M''), except that as described below, 
for coil-only combinations: the cooling full-load air volume rate as 
determined in section 3.1.4.1.1.c of appendix M shall also be used as 
the cooling intermediate and cooling minimum air volume rates, and the 
heating full-load air volume rate as determined in section 3.1.4.4.1.a 
of appendix M shall also be used as the heating intermediate air volume 
rate. All other requirements of appendix M and DOE's regulations remain 
applicable.
    In 3.1.4.2, Cooling Minimum Air Volume Rate, include:
    f. For ducted variable-speed compressor systems tested with a coil-
only indoor unit, the cooling minimum air volume rate is the same as 
the cooling full-load air volume rate determined in section 
3.1.4.1.1.c.
    In 3.1.4.3, Cooling Intermediate Air Volume Rate, include:
    d. For ducted variable-speed compressor systems tested with a coil-
only indoor unit, the cooling intermediate air volume rate is the same 
as the cooling full-load air volume rate determined in section 
3.1.4.1.1.c.
    In 3.1.4.6, Heating Intermediate Air Volume Rate, include:
    d. For ducted variable-speed compressor systems tested with a coil-
only indoor unit, the heating intermediate air volume rate is the same

[[Page 40276]]

as the heating full-load air volume rate determined in section 
3.1.4.4.1.a.
    (3) Representations. LGE may not make representations about the 
efficiency of the basic models identified in paragraph (1) of this 
Interim Waiver Order for compliance, marketing, or other purposes 
unless the basic model has been tested in accordance with the 
provisions set forth above and such representations fairly disclose the 
results of such testing.
    (4) This Interim Waiver Order shall remain in effect according to 
the provisions of 10 CFR 430.27.
    (5) This Interim Waiver Order is issued on the condition that the 
statements, representations, test data, and documentary materials 
provided by LGE are valid. If LGE makes any modifications to the 
controls or configurations of these basic models, the Interim Waiver 
Order will no longer be valid and LGE will either be required to use 
the current Federal test method or submit a new application for a test 
procedure interim waiver. DOE may rescind or modify this Interim Waiver 
Order at any time if it determines the factual basis underlying the 
petition for Interim Waiver Order is incorrect, or the results from the 
alternate test procedure are unrepresentative of a basic models' true 
energy consumption characteristics. See 10 CFR 430.27(k)(1). Likewise, 
LGE may request that DOE rescind or modify the Interim Waiver Order if 
LGE discovers an error in the information provided to DOE as part of 
its petition, determines that the Interim Waiver Order is no longer 
needed, or for other appropriate reasons. See 10 CFR 430.27(k)(2).
    (6) Issuance of this Interim Waiver Order does not release LGE from 
the certification requirements set forth at 10 CFR part 429.
    DOE makes decisions on waivers and interim waivers for only those 
basic models specifically set out in the petition, not future models 
that may be manufactured by the petitioner. LGE may submit a new or 
amended petition for waiver and request for grant of interim waiver, as 
appropriate, for additional basic models of CACs and HPs. 
Alternatively, if appropriate, LGE may request that DOE extend the 
scope of a waiver or an interim waiver to include additional basic 
models employing the same technology as the basic model(s) set forth in 
the original petition consistent with 10 CFR 430.27(g).

    Signed in Washington, DC, on June 26, 2020.

Alexander N. Fitzsimmons,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.
BILLING CODE 6450-01-P

[[Page 40277]]

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[[Page 40279]]


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[[Page 40281]]


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BILLING CODE 6450-01-C

[[Page 40282]]

Exhibit 1

LGE Notification List

               Table 1--Affected Company Notification List
------------------------------------------------------------------------
                Company                       Representative contact
------------------------------------------------------------------------
Aaon, Inc..............................  [email protected]
Advanced Distributor Products, LLC.....  [email protected]
Allied Air Enterprises, LLC............  [email protected]
AllStyle Coil Company, LP..............  [email protected]
Amana Company, LP......................  [email protected]
Aspen Manufacturing, LLC...............  [email protected]
AUX Air Conditioner Co., Ltd...........  [email protected]
Carrier Corporation....................  [email protected]
Daikin Applied Americas Inc............  [email protected]
Daikin North America...................  [email protected]
ECOER Inc..............................  [email protected]
Enviromaster International LLC.........  [email protected]
First Co...............................  [email protected]
Friedrich Air Conditioning, LLC........  [email protected]
Fujitsu General America, Inc...........  [email protected]
GD Midea Air-Conditioning Equipment      [email protected]
 Co., Ltd..
GD Midea Heating & Ventilating           [email protected]
 Equipment Co., Ltd..
Goodman Manufacturing Company, L.P. dba  [email protected];
 Daikin Manufacturing Company, L.P. and   [email protected]
 Goodman Company, L.P. dba Daikin
 Company, L.P.
Gree Electric Appliances, Inc. of        [email protected]
 Zhuhai.
Guangdong Chigo Air-conditioning Co.,    [email protected]
 Ltd.
Guangdong Chigo Heating & Ventilation    cac.com">[email protected]cac.com
 Equipment Co., Ltd.
Haier US Appliance Solutions, Inc., dba  [email protected]
 GE Appliances, a Haier Company.
Hisense (Guangdong) Air Conditioning     [email protected]
 Co., Ltd..
Ingersoll Rand Company.................  [email protected]
Johnson Controls, Inc..................  [email protected]
Lennox Industries, Inc.................  [email protected]
Mitsubishi Electric Cooling & Heating..  [email protected]
Mortex Products, Inc. dba Summit         [email protected]
 Manufacturing.
National Comfort Products..............  [email protected]
Nortek Global HVAC LLC.................  [email protected]
Panasonic Corporation of North America.  [email protected]
Petra Engineering Industries Co........  eng.com.jo">[email protected]eng.com.jo
Qingdao Haier Air Conditioner General    [email protected]
 Co., Ltd..
Refrigeration Industries Company.......  [email protected]
Rheem Sales Company, Inc...............  [email protected]
Samsung Electronics Co., Ltd...........  [email protected]
Sharp Electronics Corporation..........  [email protected]
SpacePak, A Mestek Company.............  [email protected]
Summit Manufacturing, Inc..............  [email protected]
TCL Air Conditioner (ZhongShan) Co.,     [email protected]
 Ltd..
Texas Furnace, LLC.....................  [email protected]
Unico, Inc.............................  [email protected]
Villara Corporation....................  [email protected]
Wolf Steel Ltd.........................  [email protected]
Zamil Air Conditioners & Home            [email protected]
 Appliances Co. (L.L.C.).
------------------------------------------------------------------------

[FR Doc. 2020-14402 Filed 7-2-20; 8:45 am]
BILLING CODE 6450-01-P


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