Energy Conservation Program: Notification of Petition for Waiver of GD Midea Air Conditioning Equipment Co. LTD From the Department of Energy Portable Air Conditioner Test Procedure and Notification of Grant of Interim Waiver, 17803-17821 [2021-07025]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 86, Number 64 (Tuesday, April 6, 2021)]
[Notices]
[Pages 17803-17821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07025]


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

DEPARTMENT OF ENERGY

[Case Number 2020-006; EERE-2020-BT-WAV-0023]


Energy Conservation Program: Notification of Petition for Waiver 
of GD Midea Air Conditioning Equipment Co. LTD From the Department of 
Energy Portable Air Conditioner Test Procedure and Notification of 
Grant of Interim Waiver

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

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

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

SUMMARY: This notification announces receipt of and publishes a 
petition for waiver and interim waiver from GD Midea Air Conditioning 
Equipment Co. LTD (``Midea''), which seeks a waiver for specified 
portable air conditioner basic models from the U.S. Department of 
Energy (``DOE'') test procedure used for determining the efficiency of 
portable air conditioners. DOE also gives notice of an Interim Waiver 
Order that requires Midea to test and rate the specified portable air 
conditioner basic models in accordance with the alternate test 
procedure set forth in the Interim Waiver Order. DOE solicits comments, 
data, and information concerning Midea's petition and its suggested 
alternate test procedure to inform DOE's final decision on Midea's 
waiver request.

DATES: The Interim Waiver Order is effective on April 6, 2021. Written

[[Page 17804]]

comments and information are requested and will be accepted on or 
before May 6, 2021.

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 ``2020-006'', and Docket number ``EERE-2020-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 No. 
2020-006 in the subject line of the message.
    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.
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanism, including the Federal eRulemaking 
Portal, email, postal mail, or hand delivery/courier, the Department 
has found it necessary to make temporary modifications to the comment 
submission process in light of the ongoing Covid-19 pandemic. DOE is 
currently suspending receipt of public comments via postal mail and 
hand delivery/courier. If a commenter finds that this change poses an 
undue hardship, please contact Appliance Standards Program staff at 
(202) 586-1445 to discuss the need for alternative arrangements. Once 
the Covid-19 pandemic health emergency is resolved, DOE anticipates 
resuming all of its regular options for public comment submission, 
including postal mail and hand delivery/courier.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at https://www.regulations.gov. All documents in the docket are 
listed in the https://www.regulations.gov index. However, some documents 
listed in the index, such as those containing information that is 
exempt from public disclosure, may not be publicly available.
    The docket web page can be found at https://www.regulations.gov/docket?D=EERE-2020-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].
    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: DOE is publishing Midea's petition for 
waiver in its entirety, pursuant to 10 CFR 430.27(b)(1)(iv),\1\ absent 
any confidential business information. DOE invites all interested 
parties to submit in writing by May 6, 2021, 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 Daniel L. Atkins, 
[email protected], Midea America Research Center, 2700 Chestnut 
Station Court, Louisville, KY 40299.
---------------------------------------------------------------------------

    \1\ On December 11, 2020, DOE published an amendment to 10 CFR 
430.27 regarding the processing of petitions for an interim waiver, 
which became effective beginning January 11, 2021. 85 FR 79802. 
Midea's petition for waiver and petition for interim waiver were 
received prior to the effective date of that amendment. The interim 
waiver therefore is being processed pursuant to the regulation in 
effect at the time of receipt, i.e., 10 CFR 430.27 in the 10 CFR 
parts 200 to 499 edition revised as of January 1, 2020.
---------------------------------------------------------------------------

    Submitting comments via https://www.regulations.gov. The https://www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. If this instruction is followed, 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. Comments and documents submitted via 
email 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.
    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

[[Page 17805]]

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 believe s to be 
confidential and exempt by law from public disclosure should submit via 
email 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.
    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).

Case Number 2020-006

Interim Waiver 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. In addition to specifying a list of covered products and 
industrial equipment, EPCA contains provisions that enable the 
Secretary of Energy to classify additional types of consumer products 
as covered products. (42 U.S.C. 6292(a)(20)) In a final determination 
of coverage published in the Federal Register on April 18, 2016, DOE 
classified portable air conditioners as covered products under EPCA. 81 
FR 22514.
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
---------------------------------------------------------------------------

    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 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 portable air conditioners is 
contained in the Code of Federal Regulations (``CFR'') at 10 CFR part 
430, subpart B, appendix CC (``Appendix CC'').
    Under 10 CFR 430.27, any interested person may submit a petition 
for waiver from DOE's test procedure requirements. DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic model for which the waiver was requested contains a 
design characteristic that prevents testing of the basic model 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 430.27(f)(2). A 
petitioner must include in its petition any alternate test procedures 
known to the petitioner to evaluate the performance of the product type 
in a manner representative of the energy consumption characteristics of 
the basic model. 10 CFR 430.27(b)(1)(iii). DOE may grant the waiver 
subject to conditions, including adherence to alternate test 
procedures. 10 CFR 430.27(f)(2).
    As soon as practicable after the granting of any waiver, DOE will 
publish in the Federal Register a notice of proposed rulemaking to 
amend its regulations to eliminate any need for the continuation of 
such waiver. 10 CFR 430.27(l). As soon thereafter as practicable, DOE 
will publish in the Federal Register a final rule to that effect. Id.
    The waiver process also provides that DOE may grant an interim 
waiver if it appears likely that the underlying petition for waiver 
will be granted and/or if DOE determines that it would be desirable for 
public policy reasons to grant immediate relief pending a determination 
on the underlying petition for waiver. 10 CFR 430.27(e)(2). Within one 
year of issuance of an interim waiver, DOE will either: (i) Publish in 
the Federal Register a determination on the petition for waiver; or 
(ii) publish in the Federal Register a new or amended test procedure 
that addresses the issues presented in the waiver. 10 CFR 430.27(h).
    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. 
Id.

II. Midea's Petition for Waiver and Interim Waiver

    On June 29, 2020, Midea filed a petition for waiver and petition 
for interim waiver from the test procedure for portable air 
conditioners set forth at Appendix CC. (Midea, No. 1 at pp. 2-3 \3\) On 
July 10, 2020, Midea submitted a revised petition for waiver and 
application for interim waiver.\4\ On September 11, 2020, Midea 
submitted a request \5\ to include five additional basic models in 
their petition for waiver and petition for interim waiver. On November 
17, 2020, Midea submitted a request \6\ to include three additional

[[Page 17806]]

basic models in their petition for waiver and petition for interim 
waiver.\7\ The current DOE test procedure at Appendix CC tests dual-
duct portable air conditioners at two operating conditions, one 
measuring performance at a high outdoor operating temperature and one 
measuring performance at a lower outdoor operating temperature. Midea 
asserts that this testing does not address the ability of variable-
speed compressors to adjust their operating speed based on the demand 
load of the conditioned space. Because of this, Midea indicated that 
the test procedure does not take into account the full range of 
performance and efficiency benefits of a variable-speed compressor 
operating under part-load conditions. Midea cited DOE's test procedure 
for central air conditioners, which includes part-load test conditions 
that account for the improved efficiency benefit from variable-speed 
compressors at 10 CFR 430 subpart B, appendix M1, section 3.2.4. Midea 
also referenced several waivers; first were two test procedure waivers 
for room air conditioners that contain variable-speed compressors: 
Midea's, granted on May 26, 2020, and LG Electronics Inc. (``LG'')'s, 
granted on May 8, 2019. 85 FR 31481; 84 FR 20111. Second was the 
portable air conditioner waiver DOE granted to LG on June 2, 2020. That 
waiver includes part-load test conditions to account for the improved 
efficiency benefit from variable-speed compressors. 85 FR 33643. Midea 
asserted that the basic models listed in the petition cannot be tested 
according to the test procedure at Appendix CC because their condenser 
inlet and outlet air streams are incorporated into the same structure 
using ``combined-duct technology.'' Midea stated that the test 
procedure does not provide for measuring airflow in and out of a single 
condenser duct at the same time, as would be required for units with a 
combined duct.
---------------------------------------------------------------------------

    \3\ A notation in this form provides a reference for information 
that is in the docket for this test procedure waiver (Docket No. 
EERE-2020-BT-WAV-0023) (available at https://www.regulations.gov/docket/EERE-2020-BT-WAV-0023). This notation indicates that the 
statement preceding the reference is document number 1 in the docket 
and appears at pages 2-3 of that document.
    \4\ The revised petition for waiver and application for interim 
waiver is available at https://www.regulations.gov/document?D=EERE-2020-BT-WAV-0023-0002.
    \5\ The request to include additional basic models is available 
at https://www.regulations.gov/document?D=EERE-2020-BT-WAV-0023-0003.
    \6\ The request to include additional basic models is available 
at https://www.regulations.gov/document?D=EERE-2020-BT-WAV-0023-0004.
    \7\ The brand and basic model numbers specified by Midea in its 
petition (including the September 11, 2020 and November 17, 2020 
submissions) are: Midea, US-KC35Y1/BP3N8-PTB(CH3); Midea, US-KC30Y1/
BP3N8-PTB(CG8); Perfect aire, 1PORTV10000; Danby, DPA100B9IWDB-6; 
Heat Controller LLC, PSV-101D; Whynter, ARC-1030WN; Whynter, ARC-
1030BN; Whynter, ARC-1030GN; hOme, HME020373N; Vremi, VRM050703N; 
Wappliance, BPI10MW; Perfect aire, 1PORTVP10000; Danby, 
DPA100HB9IWDB-6; Heat Controller LLC, PSHV-101D; Whynter, ARC-
1030WNH; Whynter, ARC-1030GNH; Whynter, ARC-1030BNH; hOme, 
HME020374N; Vremi, VRM050704N; Wappliance, BPI10HMW; Perfect aire, 
1PORTV12000; Danby, DPA120B9IWDB-6; Heat Controller LLC, PSV-121D; 
Whynter, ARC-1230WN; Whynter, ARC-1230BN; Whynter, ARC-1230GN; hOme, 
HME020375N; Vremi, VRM050705N; Wappliance, BPI12MW; Perfectaire, 
1PORTVP12000; Danby, DPA120HB9IWDB-6; Heat Controller LLC, PSHV-
121D; Whynter, ARC-1230WNH; Whynter, ARC-1230GNH; Whynter, ARC-
1230BNH; hOme, HME020376N; Vremi, VRM050706N; Wappliance, BPI12HMW; 
Toshiba, RAC-PT1411HWRU; Toshiba, RAC-PT1411CWRU; Toshiba, RAC-
PT1211CWRU; Danby, DPA100HB9IBDB-6; Danby, DPA120B9IBDB-6; Midea, 
MPPTB-12HRN8-BCH4; Midea, MPPTB-12CRN8-BCH4; Midea, MPPTB-10CRN8-
BCG8.
---------------------------------------------------------------------------

    Midea also requested an interim waiver from the existing DOE test 
procedure. DOE will grant an interim waiver if it appears likely that 
the petition for waiver will be granted, and/or if DOE determines that 
it would be desirable for public policy reasons to grant immediate 
relief pending a determination of the petition for waiver. 10 CFR 
430.27(e)(2).
    Based on the assertions in the petition, absent an interim waiver, 
Midea's specified portable air conditioner basic models contain design 
characteristics which prevent testing of the basic model according to 
the prescribed test procedures and cause the prescribed test procedures 
to be tested in a manner that is unrepresentative of their actual 
efficiency.

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)) Consistency 
is important when making representations about the energy efficiency of 
covered products, including when demonstrating compliance with 
applicable DOE energy conservation standards. Pursuant to 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 Order.
    Midea seeks to use an alternate test procedure to test and rate 
specific portable air conditioner basic models. The alternate test 
procedure is the test procedure for portable air conditioners 
prescribed by DOE in Appendix CC, with the combined-duct variable-speed 
portable air conditioners tested at both the high- and low-temperature 
outdoor operating conditions to measure a weighted-average combined 
energy efficiency ratio (``CEER''), except the compressor speed is 
fixed at ``full'' and ``low'' in accordance with manufacturer 
instructions at the two outdoor conditions, respectively. Midea 
suggests an additional set of calculations to model the CEER of a 
theoretical comparable dual-duct single-speed portable air conditioner 
twice--once with cycling losses and once without cycling losses--based 
on the performance of the combined-duct variable-speed portable air 
conditioner at full compressor speed at the low-outdoor temperature 
condition. From these results, a ``performance adjustment factor'' is 
calculated, representing the performance improvement associated with 
avoiding cycling losses. The performance adjustment factor is then 
multiplied by the measured CEER value for the variable-speed portable 
air conditioner according to Appendix CC to determine the test unit's 
final rated CEER value. Midea states that this approach takes into 
account performance and efficiency improvements associated with 
combined-duct variable-speed portable air conditioners as compared to 
dual-duct portable air conditioners with single-speed compressors. In 
addition to the provisions for variable-speed compressors, Midea's 
suggested alternate test procedure also adds provisions to the test 
procedure in Appendix CC to test combined-duct portable air 
conditioners using an adapter to interface with the combined duct and 
additional thermocouples to measure temperature variations on the 
surface of the combined duct.

IV. Interim Waiver Order

    DOE has reviewed Midea's application for an interim waiver, the 
alternate test procedure requested by Midea, diagrams and renderings, 
and confidential performance data Midea provided to DOE. Based on this 
review, the alternate test procedure, with modifications discussed in 
the following paragraphs, appears to allow for the accurate measurement 
of the efficiency of the specified basic models, while alleviating the 
problems Midea identified in testing these basic models.
    DOE has made four modifications to the alternate test procedure as 
presented in the Media petition. First, at Midea's request, DOE removed 
an adjustment factor that was originally requested in the alternate 
test procedure to account for different full compressor speeds for 
single-speed and variable-speed portable air conditioners at the lower 
outdoor temperature operating condition. Second, DOE doubled the number 
of thermocouples on the combined duct from eight to sixteen. Third, DOE 
is altering the cycling loss factor (``CLF'') to reflect the most 
recent data and analysis. Last, DOE is requiring the use of a unit 
setpoint of 75 [deg]F at the 95 [deg]F fixed chamber test condition to 
improve test representativeness.
    In its petition, Midea suggested an adjustment factor for the 
purpose of providing a more appropriate comparison between the measured 
capacity and power when testing the variable-speed portable air 
conditioner

[[Page 17807]]

with a full compressor speed at the lower outdoor operating conditions 
and that of a single-speed portable air conditioner operating under 
those conditions. In a communication following the July 2020 revised 
petition, Midea requested that the adjustment factor be retracted 
stating that due to subsequent modifications to the subject basic 
models the adjustment factor is now not necessary. DOE has therefore 
removed this adjustment factor from the alternate test procedure.
    Additionally, DOE has initially determined that the use of 16 
thermocouples better assesses the average temperature on the combined 
duct given that it contains both the condenser inlet and exhaust air 
streams. Section 3.1.1.6 of Appendix CC requires four thermocouples per 
duct. With the basic models at issue, both of the air streams are 
contained in the same combined duct. The combined duct potentially 
results in more significant temperature gradients along its length and 
perimeter, necessitating the use of 16 thermocouples.
    Also, DOE considered data collected in support of the ongoing room 
air conditioner test procedure rulemaking,\8\ given the certain 
similarities of these products to portable air conditioners, to assess 
the portable air conditioner CLF proposed in Midea's petition. The data 
for cooling degradation coefficient (``Cd''), presented below in Table 
IV-1, summarize the results from load-based testing of two single-speed 
room air conditioners at an outdoor temperature of 82 [deg]F and 
cooling loads between 49 and 55 percent of the full load (i.e., the 
cooling capacity resulting from maximum cooling at the 95 [deg]F test 
condition).
---------------------------------------------------------------------------

    \8\ The data were collected following publication of the notice 
of proposed rulemaking, ``Energy Conservation Program: Test 
Procedure for Room Air Conditioners'' (85 FR 35700; Jun. 11, 2020), 
and will be considered as part of that rulemaking.

   Table IV-1--Tested and Extrapolated Cooling Degradation Coefficient
------------------------------------------------------------------------
                       Unit                           Load %       Cd
------------------------------------------------------------------------
Unit 1............................................         52       0.42
                                                           54       0.39
                                                         * 55     * 0.38
Unit 2............................................         49       0.39
                                                           54       0.30
                                                         * 55     * 0.28
------------------------------------------------------------------------
* Represent extrapolated values to estimate the Cd at a 55% load.

    Extrapolating from the data collected, the average Cd at 55 percent 
of the full cooling load (i.e., the center of the acceptable range 
specified in the low compressor speed definition of this waiver) would 
be 0.332, suggesting a CLF of 0.8 would be more appropriate at the 83 
[deg]F test condition as opposed to the 0.875 CLF suggested in the 
Midea petition. The analysis above represents the best available 
information to date regarding single-speed room air conditioner cycling 
at reduced cooling loads, which DOE believes is reflective of the 
expected cycling that would be observed for single-speed portable air 
conditioners. Therefore, DOE is adopting the use of 0.8 as the CLF for 
the 83 [deg]F test condition in this interim waiver.
    Furthermore, during the room air conditioner test procedure 
rulemaking, DOE observed that for units produced by certain 
manufacturers, variable-speed room air conditioners performed 
differently depending on the method used to produce maximum cooling 
capacity. Testing of variable-speed room air conditioners was conducted 
at maximum cooling capacity for the ``full speed'' 95 [deg]F test 
condition, achieved either with (1) the user settings (e.g., fan speed, 
grille position) and thermostat setpoint selected to produce maximum 
cooling capacity in accordance with the DOE room air conditioner test 
procedure at 10 CFR part 430, subpart B, appendix F (``appendix F'') 
(i.e., the unit automatically selected the compressor speed); or (2) 
using the user settings, in accordance with appendix F, but applying 
the manufacturer's confidential testing instructions to achieve a fixed 
``full'' compressor speed (i.e., the control setting specified in the 
room air condition waiver and suggested by Midea in their petition). 
One test unit was 10 percent more efficient when using only the 
appendix F user settings than when using fixed compressor speed 
controls, while another unit was 11 percent less efficient.
    Based on the observed differences in room air conditioner 
performance when using the fixed ``full'' compressor speed (i.e., 
applying the confidential manufacturer instructions) as compared to 
using only the appendix F settings, described above, DOE concludes that 
similar differences may occur when testing portable air conditioners 
and is requiring a unit setpoint of 75 [deg]F for the portable air 
conditioner ``full speed'' 95 [deg]F test condition, as it would be 
more representative of typical consumer settings than reliance on the 
confidential manufacturer instructions to achieve maximum cooling 
capacity. In evaluating potential thermostat setpoints, DOE reviewed 
data for 19 portable air conditioners that were field metered in a 2014 
study conducted by Lawrence Berkeley National Laboratory.\9\ Among 
these units, the thermostat setpoints selected by consumers ranged from 
66 [deg]F to 76 [deg]F, with a median value of 74.5 [deg]F. DOE 
expects, therefore, that 75 [deg]F is a typical consumer setpoint for 
portable air conditioners that would achieve the maximum cooling (given 
the differential between the setpoint and the fixed indoor test chamber 
dry-bulb temperature of 80 [deg]F), in accordance with appendix CC. DOE 
is also modifying the definition of ``full compressor speed'' 
accordingly in this interim waiver.
---------------------------------------------------------------------------

    \9\ T. Burke et al., ``Using Field-Metered Data to Quantify 
Annual Energy Use of Portable Air Conditioners,'' Lawrence Berkeley 
National Laboratory, LBNL-6868E, December 2014.
---------------------------------------------------------------------------

    DOE notes that while variable-speed waivers granted for other 
products numerically estimate performance of a theoretical single-speed 
product at reduced outdoor temperature conditions, given the complex 
heat transfer dynamics related to the ducts, infiltration air, and 
internal air mixing within the chassis of the combined duct used in the 
basic models specified by Midea in its petition, DOE believes that the 
approach proposed by Midea to estimate performance of the theoretical 
single-speed dual-duct portable air conditioner using the performance 
of the variable-speed combined-duct portable air conditioner at the 
low-outdoor temperature condition, modified as discussed above, is 
appropriate and reasonable. Consequently, DOE has determined that 
Midea's petition for waiver likely will be granted. Furthermore, DOE 
has determined that it is desirable for public policy reasons to grant 
Midea immediate relief pending a determination of the petition for 
waiver.
    For the reasons stated, it is ordered that:
    (1) Midea must test and rate the following portable air conditioner 
basic models with the alternate test procedure set forth in paragraph 
(2).

[[Page 17808]]



------------------------------------------------------------------------
             Brand                              Model No.
------------------------------------------------------------------------
Midea.........................  US-KC35Y1/BP3N8-PTB(CH3)
Midea.........................  US-KC30Y1/BP3N8-PTB(CG8)
Perfect aire..................  1PORTV10000
Danby.........................  DPA100B9IWDB-6
Heat Controller LLC...........  PSV-101D
Whynter.......................  ARC-1030WN
Whynter.......................  ARC-1030BN
Whynter.......................  ARC-1030GN
hOme..........................  HME020373N
Vremi.........................  VRM050703N
Wappliance....................  BPI10MW
Perfect aire..................  1PORTVP10000.
Danby.........................  DPA100HB9IWDB-6
Heat Controller LLC...........  PSHV-101D
Whynter.......................  ARC-1030WNH
Whynter.......................  ARC-1030GNH
Whynter.......................  ARC-1030BNH
hOme..........................  HME020374N
Vremi.........................  VRM050704N
Wappliance....................  BPI10HMW
Perfect aire..................  1PORTV12000
Danby.........................  DPA120B9IWDB-6
Heat Controller LLC...........  PSV-121D
Whynter.......................  ARC-1230WN
Whynter.......................  ARC-1230BN
Whynter.......................  ARC-1230GN
hOme..........................  HME020375N
Vremi.........................  VRM050705N
Wappliance....................  BPI12MW
Perfectaire...................  1PORTVP12000
Danby.........................  DPA120HB9IWDB-6
Heat Controller LLC...........  PSHV-121D
Whynter.......................  ARC-1230WNH
Whynter.......................  ARC-1230GNH
Whynter.......................  ARC-1230BNH
hOme..........................  HME020376N
Vremi.........................  VRM050706N
Wappliance....................  BPI12HMW
Toshiba.......................  RAC-PT1411HWRU
Toshiba.......................  RAC-PT1411CWRU
Toshiba.......................  RAC-PT1211CWRU
Danby.........................  DPA100HB9IBDB-6
Danby.........................  DPA120B9IBDB-6
Midea.........................  MPPTB-12HRN8-BCH4
Midea.........................  MPPTB-12CRN8-BCH4
Midea.........................  MPPTB-10CRN8-BCG8
------------------------------------------------------------------------

    (2) The alternate test procedure for the Midea basic models 
identified in paragraph (1) of this Interim Waiver Order is the test 
procedure for portable air conditioners prescribed by DOE at Appendix 
CC and 10 CFR 430.23(dd), with three exceptions. First, install the 
unit under test as detailed below. Second, determine combined energy 
efficiency ratio (CEER) as detailed below. Third, calculate the 
estimated annual operating cost in 10 CFR 430.23(dd)(2) as detailed 
below. In addition, for each basic model listed in paragraph (1), 
maintain the compressor speed at each test condition, and set the 
control settings used for the variable components, according to the 
instructions submitted to DOE by Midea (https://www.regulations.gov/docket/EERE-2020-BT-WAV-0023). Upon the compliance date of any new 
energy conservation standards for portable air conditioners, Midea must 
report product specific information pursuant to 10 CFR 429.12(b)(13) 
and 10 CFR 429.62(b). All other requirements of Appendix CC and DOE's 
regulations remain applicable.
    In 10 CFR 430.2, add in alphabetical order:
    Combined-duct portable air conditioner means a dual-duct portable 
air conditioner with the condenser inlet and outlet air streams flowing 
through separate ducts housed in a single overall duct structure.
    In 10 CFR 430.23, in paragraph (dd) revise paragraph (2) to read as 
follows:
    (2) Determine the estimated annual operating cost for a combined-
duct variable-speed portable air conditioner, expressed in dollars per 
year, by multiplying the following two factors:
    (i) The sum of the following three values: AEC95 
multiplied by 0.2, AEC83_Low multiplied by 0.8, and 
AECT, as calculated in section 5.3 of appendix CC of this 
subpart; and
    (ii) A representative average unit cost of electrical energy in 
dollars per kilowatt-hour as provided by the Secretary.
    (iii) Round the resulting product to the nearest dollar per year.
    In Appendix CC:
    Add in Section 2, Definitions:
    2.11 Single-speed means a type of portable air conditioner that 
cannot adjust the compressor speed.
    2.12 Variable-speed means a type of portable air conditioner that 
can automatically adjust the compressor speed.
    2.13 Full compressor speed (full) means the compressor speed at 
which the unit operates at full load test

[[Page 17809]]

conditions, when using user settings to achieve maximum cooling 
capacity, and with the thermostat setpoint set at 75 [deg]F.
    2.14 Low compressor speed (low) means the compressor speed 
specified by Midea (Docket No. EERE-2020-BT-WAV-0023-0006), at which 
the unit operates at low load test conditions, such that 
Capacity_83_Low, the measured cooling capacity at this speed 
at Test Condition 3 in Table 1 of this appendix, is no less than 50 
percent and no greater than 60 percent of Capacity95, the 
measured cooling capacity with the full compressor speed at Test 
Condition 1 in Table 1 of this appendix.
    2.15 Theoretical comparable single-speed portable air conditioner 
means a theoretical single-speed portable air conditioner with the same 
cooling capacity and electrical power input as the variable-speed 
portable air conditioner under test, with no cycling losses considered, 
when operating with the full compressor speed and at Test Condition 1 
in Table 1 of this appendix.
    Replace section 3.1.1 Test conduct with the following:
    Test conduct. The test apparatus and instructions for testing 
portable air conditioners in cooling mode and off-cycle mode must 
conform to the requirements specified in Section 4, ``Definitions'' and 
Section 7, ``Tests,'' of ANSI/AHAM PAC-1-2015 (incorporated by 
reference; see Sec.  430.3), except as otherwise specified in this 
appendix. Measure duct heat transfer and infiltration air heat transfer 
according to section 4.1.1 and section 4.1.2 of this appendix, 
respectively.
    Replace section 3.1.1.1 Duct Setup with the following:
    Use only ducting components provided by the manufacturer, 
including, where provided by the manufacturer, ducts, connectors for 
attaching the duct(s) to the test unit, sealing, insulation, and window 
mounting fixtures. Do not apply additional sealing or insulation. To 
measure the condenser inlet and outlet airflows in the combined duct, 
use an adapter provided by the manufacturer, which allows for the 
individual connection of the condenser inlet and outlet airflows to the 
test lab's airflow measuring apparatuses.
    Replace section 3.1.1.6 Duct temperature measurements with the 
following:
    Duct temperature measurements. Install any insulation and sealing 
provided by the manufacturer. Then adhere sixteen thermocouples to the 
outer surface of the duct, spaced evenly around the circumference (four 
thermocouples, each 90 degrees apart, radially) and down the length of 
the duct (four sets of four thermocouples, evenly placed along the 
length of the duct), ensuring that the thermocouples are distributed 
equally on the entire surface of the combined duct. Ensure that at 
least one thermocouple is placed next to the condenser inlet aperture 
and at least one thermocouple is placed on the duct surface adjacent to 
or nearest to the condenser outlet aperture. Measure the surface 
temperature of the combined duct at each thermocouple. Temperature 
measurements must have an error no greater than 0.5 [deg]F 
over the range being measured.
    Add to the end of Section 3.1.2, Control settings:
    Set the compressor speed during cooling mode testing as described 
in section 4.1 of this appendix, as amended by this Order.
    Replace Section 4.1, Cooling mode with the following:
    Cooling mode. Instead of the test conditions in Table 3 of ANSI/
AHAM PAC-1-2015, establish the test conditions presented in Table 1 of 
this appendix. Test each sample unit three times, once at each test 
condition in Table 1. For each test condition, measure the sample 
unit's indoor room cooling capacity and overall power input in cooling 
mode in accordance with Section 7.1.b and 7.1.c of ANSI/AHAM PAC-1-2015 
(incorporated by reference; see Sec.  430.3), respectively, and 
determine the test duration in accordance with Section 8.7 of ASHRAE 
Standard 37-2009 (incorporated by reference; Sec.  430.3). Conduct the 
first test in accordance with ambient conditions for Test Condition 1 
in Table 1 of this appendix, achieving the full compressor speed, as 
defined in section 2.13 of this appendix, with user settings, for the 
duration of cooling mode testing (Capacity95, 
P95). Conduct the second test in accordance with the ambient 
conditions for Test Condition 2, in Table 1 of this appendix, with the 
compressor speed set to full, for the duration of cooling mode testing 
(Capacity83_Full, P83_Full). To confirm the same 
full compressor speed is used, the average compressor frequency for the 
second test must equal that observed for the first test, with a 
tolerance of +/- 10% of the nominal average compressor frequency of the 
first test. Conduct the third test in accordance with the ambient 
conditions for Test Condition 3, with the compressor speed set to low 
for the duration of cooling mode testing (Capacity83_Low, 
P83_Low). Set the compressor speed required for each test 
condition in accordance with the instructions Midea submitted to DOE 
(Docket No. EERE-2020-BT-WAV-0023-0006).

                             Table 1--Evaporator and Condenser Inlet Test Conditions
----------------------------------------------------------------------------------------------------------------
                                Evaporator inlet air [deg]F     Condenser inlet air [deg]F
                                         ([deg]C)                        ([deg]C)
       Test condition        ----------------------------------------------------------------  Compressor speed
                                 Dry bulb        Wet bulb        Dry bulb        Wet bulb
----------------------------------------------------------------------------------------------------------------
Test Condition 1............       80 (26.7)       67 (19.4)       95 (35.0)       75 (23.9)  Full.
Test Condition 2............       80 (26.7)       67 (19.4)       83 (28.3)     67.5 (19.7)  Full.
Test Condition 3............       80 (26.7)       67 (19.4)       83 (28.3)     67.5 (19.7)  Low.
----------------------------------------------------------------------------------------------------------------

    Replace Section 4.1.1, Duct Heat Transfer, with the following:
    Duct Heat Transfer. Measure the circumference of the duct by 
wrapping a flexible measuring tape, or equivalent, around the outside 
of the combined duct, making sure the tape is on the outermost ridges. 
Calculate the surface area of the combined duct as follows:

ACD = C x L

Where:

ACD = the outer area of the combined duct, in square 
feet.
C = the circumference of the combined duct, as measured in this 
section, in feet.
L = the extended length of the combined duct while under test, in 
feet.

    Calculate the average temperature at each individual location. Then 
calculate the average surface temperature of the duct by averaging the 
sixteen average temperature measurements taken on the duct. Calculate 
the total heat transferred from the surface of the combined duct to the 
indoor conditioned space while operating in cooling mode at each test 
condition in Table 1 of this appendix, according to the following 
equations:

QCD_95 = 3 x ACD x (TCD_95-
Tei)
QCD_83_Full = 3 x ACD x (TCD_83_Full-
Tei)
QCD_83_Low = 3 x ACD x (TCD_83_Low-
Tei)


[[Page 17810]]


Where:

QCD_95, QCD_83_Full, and QCD_83_Low 
= the total heat transferred from the combined duct to the indoor 
conditioned space in cooling mode, in Btu/h, when tested at Test 
Condition 1, Test Condition 2, and Test Condition 3 in Table 1 of 
this appendix, respectively.
3 = convection coefficient in Btu/h per square foot per [deg]F.
ACD = surface area of the combined duct, as calculated in 
this section, in square feet.
TCD_95, TCD_83_Full, and TCD_83_Low 
= average surface temperature for the combined duct, in [deg]F, as 
measured at Test Condition 1, Test Condition 2, and Test Condition 3 
in Table 1 of this appendix, respectively, as calculated in this 
section.
Tei = average evaporator inlet air dry-bulb temperature, 
as measured in section 4.1 of this appendix, in [deg]F.

    Replace Section 4.1.2, Infiltration Air Heat Transfer with the 
following:
    Infiltration Air Heat Transfer. Calculate the sample unit's heat 
contribution from infiltration air into the conditioned space for each 
cooling mode test. Calculate the dry air mass flow rate of infiltration 
air according to the following equations:
[GRAPHIC] [TIFF OMITTED] TN06AP21.001

Where:

m95, m83_Full and m83_Low = dry air 
mass flow rate of infiltration air for combined-duct portable air 
conditioners, in lb/m, when tested at Test Condition 1, Test 
Condition 2, and Test Condition 3 in Table 1 of this appendix, 
respectively.
Vco_95, Vco_83_Full and Vco_83_Low 
= average volumetric flow rate of the condenser outlet air, in cubic 
feet per minute (cfm), as measured at Test Condition 1, Test 
Condition 2, and Test Condition 3 in Table 1 of this appendix, 
respectively, as required in section 4.1 of this appendix.
Vci_95, Vci_83_Full and Vci_83_Low 
= average volumetric flow rate of the condenser inlet air, in cfm, 
as measured at Test Condition 1, Test Condition 2, and Test 
Condition 3 in Table 1 of this appendix, respectively, as required 
in section 4.1 of this appendix.
[rho]co_95, [rho]co_83_Full and 
[rho]co_83_Low = average density of the condenser outlet 
air, in pounds mass per cubic foot (lbm/ft3), as measured 
at Test Condition 1, Test Condition 2, and Test Condition 3 in Table 
1 of this appendix, respectively, as required in section 4.1 of this 
appendix.
[rho]ci_95, [rho]ci_83_Full and 
[rho]ci_83_Low = average density of the condenser inlet 
air, in lbm/ft\3\, as measured at Test Condition 1, Test 
Condition 2, and Test Condition 3 in Table 1 of this appendix, 
respectively, as required in section 4.1 of this appendix.
[omega]co_95, [omega]co_83_Full and 
[omega]co_83_Low = average humidity ratio of condenser 
outlet air, in pounds mass of water vapor per pounds mass of dry air 
(lbw/lbda), as measured at Test Condition 1, 
Test Condition 2, and Test Condition 3 in Table 1 of this appendix, 
respectively, as required in section 4.1 of this appendix.
[omega]ci_95, [omega]ci_83_Full and 
[omega]ci_83_Low = average humidity ratio of condenser 
inlet air, in lbw/lbda, as measured at Test 
Condition 1, Test Condition 2, and Test Condition 3 in Table 1 of 
this appendix, respectively, as required in section 4.1 of this 
appendix.

    Calculate the sensible component of infiltration air heat 
contribution according to the following equations:

Qs_95 = m95 x 60 x [cp_da x (95 - 80) 
+ (cp_wv x (0.0141 x 95 - 0.0112 x 80))]
Qs_83_Full = m83_Full x 60 x [(cp_da x 
(83 - 80) + (cp_wv x (0.01086 x 83 - 0.0112 r x 
80))]
Qs_83_Low = m83_Low x 60 x [(cp_da x 
(83 - 80) + (cp_wv x (0.01086 x 83 - 0.0112 r x 
80))]

Where:

Qs_95, Qs_83_Full and Qs_83_Low = 
sensible heat added to the room by infiltration air, in Btu/h, when 
tested at Test Condition 1, Test Condition 2, and Test Condition 3 
in Table 1 of this appendix, respectively.
m95, m83_Full and m83_Low = dry air 
mass flow rate of infiltration air for combined-duct portable air 
conditioners, in lb/m, when tested at Test Condition 1, Test 
Condition 2, and Test Condition 3 in Table 1 of this appendix, 
respectively, as calculated in section 4.1.2 of this appendix.
cp_da = specific heat of dry air, 0.24 Btu/
(lbm [deg]F).
cp_wv = specific heat of water vapor, 0.444 Btu/
(lbm [deg]F).
80 = indoor chamber dry-bulb temperature, in [deg]F.
95 = infiltration air dry-bulb temperature for Test Condition 1 in 
Table 1 of this appendix, in [deg]F.
83 = infiltration air dry-bulb temperature for Test Conditions 2 and 
3 in Table 1 of this appendix, in [deg]F.
0.0141 = humidity ratio of the dry-bulb infiltration air for Test 
Condition 1 in Table 1 of this appendix, in lbw/
lbda.
0.01086 = humidity ratio of the dry-bulb infiltration air for Test 
Conditions 2 and 3 in Table 1 of this appendix, in lbw/
lbda.
0.0112 = humidity ratio of the indoor chamber air, in 
lbw/lbda ([omega]indoor).
60 = conversion factor from minutes to hours.

    Calculate the latent heat contribution of the infiltration air 
according to the following equations:

Ql_95 = m95 x 60 x 1061 x (0.0141-0.0112)
Ql_83_Full = m83_Full x 60 x 1061 x (0.01086 - 
0.0112)
Ql_83_Low = m83_Low x 60 x 1061 x (0.01086 - 
0.0112)

Where:

Ql_95, Ql_83_Full and Ql_83_Low = 
latent heat added to the room by infiltration air, when tested at 
Test Conditions 1, 2, and 3 in Table 1 of this appendix, 
respectively, in Btu/h.
m95, m83_Full and m83_Low = dry air 
mass flow rate of infiltration air, in lb/m, when tested at Test 
Condition 1, Test Condition 2, and Test Condition 3 in Table 1 of 
this appendix, respectively, as calculated in section 4.1.2 of this 
appendix.
1061 = latent heat of vaporization for water vapor, in Btu/
lbm (Hfg).
0.0141 = humidity ratio of the dry-bulb infiltration air for Test 
Condition 1 in Table 1 of this appendix, in lbw/
lbda.
0.01086 = humidity ratio of the dry-bulb infiltration air for Test 
Conditions 2 and 3 in Table 1 of this appendix, in lbw/
lbda.
0.0112 = humidity ratio of the indoor chamber air, in 
lbw/lbda.
60 = conversion factor from minutes to hours.

    Calculate the total heat contribution of the infiltration air at 
each test condition by adding the sensible and latent heat according to 
the following equations:

Qinfiltration_95 = Qs_95 + Ql_95
Qinfiltration_83_Full = Qs_83_Full + 
Ql_83_Full

[[Page 17811]]

Qinfiltration_83_Low = Qs_83_Low + 
Ql_83_Low

Where:

Qinfiltration_95, Qinfiltration_83_Full and 
Qinfiltration_83_Low = total infiltration air heat in 
cooling mode, when tested at Test Conditions 1, 2, and 3 in Table 1 
of this appendix, respectively, in Btu/h
Qs_95, Qs_83_Full and Qs_83_Low = 
sensible heat added to the room by infiltration air, when tested at 
Test Conditions 1, 2, and 3 in Table 1 of this appendix, 
respectively, in Btu/h, as calculated in this section.
Ql_95, Ql_83_Full and Ql_83_Low = 
latent heat added to the room by infiltration air, when tested at 
Test Conditions 1, 2, and 3 in Table 1 of this appendix, 
respectively, in Btu/h, as calculated in this section.

    Replace Section 5.1, Adjusted Cooling Capacity with the following:
    Adjusted Cooling Capacity. Calculate the adjusted cooling capacity 
at each outdoor temperature operating condition, ACC95 and 
ACC83_Low, expressed in Btu/h, according to the following 
equations:

ACC95 = Capacity95-QCD_95- 
Qinfiltration_95
ACC83_Low = Capacity83_Low-
QCD_83_Low-
Qinfiltration_83_Low

Where:

Capacity95 and Capacity83_Low = cooling 
capacity, as measured in section 4.1 of this appendix, at Test 
Condition 1 and Test Condition 3 in Table 1 of this appendix, 
respectively, in Btu/h.
QCD_95 and QCD_83_Low = combined duct heat 
transfer while operating in cooling mode at Test Condition 1 and 
Test Condition 3 in Table 1 of this appendix, respectively, in Btu/
h, as calculated in section 4.1.1 of this appendix.
Qinfiltration_95 and Qinfiltration_83_Low = 
total infiltration air heat transfer in cooling mode at Test 
Condition 1 and Test Condition 3 in Table 1 of this appendix, 
respectively, in Btu/h, as calculated in section 4.1.2 of this 
appendix.

    Replace Section 5.3, Annual Energy Consumption with the following:
    Annual Energy Consumption. Calculate the sample unit's annual 
energy consumption in each operating mode according to the equation 
below. For each operating mode, use the following annual hours of 
operation and equation:

------------------------------------------------------------------------
                                                                 Annual
            Operating mode                    Subscript        operating
                                                                 hours
------------------------------------------------------------------------
Cooling Mode, Test Condition 1 1.....  95....................        750
Cooling Mode, Test Condition 2 1.....  83_Full...............        750
Cooling Mode, Test Condition 3 1.....  83_Low................        750
Off-Cycle............................  oc....................        880
Inactive or Off......................  ia or om..............      1,355
------------------------------------------------------------------------
\1\ These operating mode hours are for the purposes of calculating
  annual energy consumption under different ambient conditions and are
  not a division of the total cooling mode operating hours. The total
  cooling mode operating hours are 750 hours.

  [GRAPHIC] [TIFF OMITTED] TN06AP21.002
  
Where:

AECm = annual energy consumption in the operating mode, 
in kWh/year.
m represents the operating mode (``95'' for Test Condition 1, 
``83_Full'' for Test Condition 2, ``83_Low'' for Test Condition 3, 
``oc'' for off cycle, and ``ia'' for inactive or ``om'' for off 
mode).
Pm = average power in the operating mode, in watts.
tm = number of annual operating time in each operating 
mode, in hours.
0.001 kWh/Wh = conversion factor from watt-hours to kilowatt-hours.

    Calculate the sample unit's total annual energy consumption in off 
cycle mode and inactive or off mode as follows:
[GRAPHIC] [TIFF OMITTED] TN06AP21.003

Where:

AECT = total annual energy consumption attributed to off 
cycle mode and inactive or off mode, in kWh/year;
AECm = total annual energy consumption in the operating 
mode, in kWh/year.
m represents the following two operating modes: Off cycle mode and 
inactive or off mode.

    Replace Section 5.4, Combined Energy Efficiency Ratio with the 
following:
    Unadjusted Combined Energy Efficiency Ratio. Calculate the sample 
unit's unadjusted combined energy efficiency ratio, CEERUA, 
expressed in Btu/Wh, as follows:
[GRAPHIC] [TIFF OMITTED] TN06AP21.004

Where:

CEERUA = unadjusted combined energy efficiency ratio for 
the sample unit, in Btu/Wh.
ACC95 and ACC83_Low = adjusted cooling 
capacity, tested at Test Condition 1 and Test Condition 3 in Table 1 
of this appendix, respectively, as calculated in section 5.1 of this 
appendix, in Btu/h.
AEC95 and AEC83_Low = annual energy 
consumption for cooling mode operation at Test Condition 1 and Test 
Condition 3 in Table 1 in this appendix that represent operation at 
95 [deg]F and 83 [deg]F dry-bulb outdoor temperature operating 
conditions, respectively, as calculated in section 5.3 of this 
appendix, in kWh/year.
AECT = total annual energy consumption attributed to off 
cycle mode and inactive or off mode, in kWh/year, calculated in 
section 5.3 of this appendix.
750 = number of cooling mode hours per year.
0.001 kWh/Wh = conversion factor for watt-hours to kilowatt-hours.
0.2 = weighting factor for the 95 [deg]F dry-bulb outdoor 
temperature operating condition.
0.8 = weighting factor for the 83 [deg]F dry-bulb outdoor 
temperature operating condition.

    Add after Section 5.4, Combined Energy Efficiency Ratio:
    5.5 Adjustment of the Combined Energy Efficiency Ratio. Adjust the 
sample unit's unadjusted combined energy efficiency ratio as follows.
    5.5.1 Theoretical Comparable Single-Speed Portable Air Conditioner 
Cooling Capacity and Power at the Lower Outdoor Temperature Operating 
Condition. Calculate the cooling capacity and cooling capacity with 
cycling losses, expressed in British thermal units per hour (Btu/h), 
and electrical power input, expressed in watts, for a theoretical 
comparable single-speed portable air conditioner at an 83 [deg]F 
outdoor dry-bulb outdoor temperature operating condition (Test 
Condition 2 in Table 1 of this appendix) according to the following 
equations:

Capacity83_SS = Capacity83_Full
Capacity83_SS_CLF = Capacity83_SS x 0.8
P83_SS = P83_Full

Where:

Capacity83_SS = cooling capacity of a theoretical 
comparable single-speed portable air conditioner, calculated for the 
83 [deg]F dry-bulb outdoor temperature operating condition (Test 
Condition 2 in Table 1 of this appendix), in Btu/h.
Capacity83_SS_CLF = cooling capacity of a theoretical 
comparable single-speed

[[Page 17812]]

portable air conditioner with cycling losses, in Btu/h, calculated 
for the 83 [deg]F dry-bulb outdoor temperature operating condition 
(Test Condition 2 in Table 1 of this appendix).
Capacity83_Full = cooling capacity of the sample unit, 
measured in section 4.1 of this appendix at Test Condition 2 in 
Table 1 of this appendix, in Btu/h.
P83_SS = power input of a theoretical comparable single-
speed portable air conditioner calculated for the 83 [deg]F dry-bulb 
outdoor temperature operating condition (Test Condition 2 in Table 1 
of this appendix), in watts.
P83_Full = electrical power input of the sample unit, 
measured in section 4.1 of this appendix at Test Condition 2 in 
Table 1 of this appendix, in watts.
0.8 = cycling loss factor for the 83 [deg]F dry-bulb outdoor 
temperature operating condition.

    5.5.2 Duct Heat Transfer for a Theoretical Comparable Single-Speed 
Portable Air Conditioner at the Lower Outdoor Temperature Operating 
Condition. Calculate the combined duct heat transfer to the conditioned 
space for a theoretical comparable single-speed portable air 
conditioner at the 83 [deg]F dry-bulb outdoor temperature operating 
condition (Test Condition 2 in Table 1 of this appendix), as follows:

QCD_83_SS = QCD_83_Full

Where:

QCD_83_SS = total heat transferred from the combined duct 
to the indoor conditioned space in cooling mode, for a theoretical 
comparable single-speed portable air conditioner at the 83 [deg]F 
dry-bulb outdoor temperature operating condition), in Btu/h.
QCD_83_Full = combined duct heat transfer for the sample 
unit while operating in cooling mode at Test Condition 2 in Table 1 
of this appendix (the 83 [deg]F dry-bulb outdoor temperature 
operating condition), in Btu/h, as calculated in section 4.1.1 of 
this appendix.

    5.5.3 Infiltration Air Heat Transfer for a Theoretical Comparable 
Single-Speed Portable Air Conditioner at the Lower Outdoor Temperature 
Operating Condition. Calculate the heat contribution from infiltration 
air for a theoretical comparable single-speed portable air conditioner 
at the 83 [deg]F dry-bulb outdoor temperature operating condition (Test 
Condition 2 in Table 1 of this appendix), as detailed below. Calculate 
the dry air mass flow rate of infiltration air as follows:

m83_SS = m83_Full

Where:

m83_SS = dry air mass flow rate of infiltration air for a 
theoretical comparable single-speed portable air conditioner at the 
83 [deg]F dry-bulb outdoor temperature operating condition (Test 
Condition 2 in Table 1 of this appendix), in lb/m.
m83_Full = dry air mass flow rate of infiltration air for 
the sample unit when tested at Test Condition 2 in Table 1 of this 
appendix (the 83 [deg]F dry-bulb outdoor temperature operating 
condition), as calculated in section 4.1.2 of this appendix, in lb/
m.

    Calculate the sensible component of infiltration air heat 
contribution for a theoretical comparable single-speed portable air 
conditioner at the 83 [deg]F dry-bulb outdoor temperature operating 
condition (Test Condition 2 in Table 1 of this appendix) as follows:

Qs_83_SS = Qs_83_Full

Where:

Qs_83_SS = sensible heat added to the room by 
infiltration air for a theoretical comparable single-speed portable 
air conditioner, at the 83 [deg]F dry-bulb outdoor temperature 
operating condition (Test Condition 2 in Table 1 of this appendix), 
in Btu/h.
Qs_83_Full = sensible heat added to the room by 
infiltration air, when testing the sample unit at Test Condition 2 
in Table 1 of this appendix (the 83 [deg]F dry-bulb outdoor 
temperature operating condition), as calculated in section 4.1.2 of 
this appendix, in Btu/h.

    Calculate the latent component of infiltration air heat 
contribution for a theoretical comparable single-speed portable air 
conditioner at the 83 [deg]F dry-bulb outdoor temperature operating 
condition (Test Condition 2 in Table 1 of this appendix) as follows:

Ql_83_SS = Ql_83_Full

Where:

Ql_83_SS = latent heat added to the room by infiltration 
air for a theoretical comparable single-speed portable air 
conditioner, at the 83 [deg]F dry-bulb outdoor temperature operating 
condition (Test Condition 2 in Table 1 of this appendix), in Btu/h.
Ql_83_Full = latent heat added to the room by 
infiltration air during testing of the sample unit, when tested at 
Test Condition 2 in Table 1 of this appendix (the 83 [deg]F dry-bulb 
outdoor temperature operating condition), as calculated in section 
4.1.2 of this appendix, in Btu/h.

    Calculate the total heat contribution of the infiltration air for a 
theoretical comparable single-speed portable air conditioner at the 83 
[deg]F dry-bulb outdoor temperature operating condition (Test Condition 
2 in Table 1 of this appendix) as follows:

Qinfiltration_83_SS = Qinfiltration_83_Full

Where:

Qinfiltration_83_SS = total infiltration air heat in 
cooling mode for a theoretical comparable single-speed portable air 
conditioner at the 83 [deg]F dry-bulb outdoor temperature operating 
condition (Test Condition 2 in Table 1 of this appendix), in Btu/h.
Qinfiltration_83_Full = total infiltration air heat 
transfer of the sample unit in cooling mode at Test Condition 2 in 
Table 1 of this appendix (the 83 [deg]F dry-bulb outdoor temperature 
operating condition), as calculated in section 4.1.2 of this 
appendix, in Btu/h.

    5.5.4 Adjusted Cooling Capacity for a Theoretical Comparable 
Single-Speed Portable Air Conditioner at the Lower Outdoor Temperature 
Operating Condition. Calculate the adjusted cooling capacity for a 
theoretical comparable single-speed portable air conditioner at the 83 
[deg]F dry-bulb outdoor temperature operating condition (Test Condition 
2 in Table 1 of this appendix) both without cycling losses, 
ACC83_SS, and with cycling losses, ACC83_SS_CLF, 
in Btu/h, according to the following equations:

ACC83_SS = Capacity83_SS - QCD_83_SS - 
Qinfiltration_83_SS
ACC83_SS_CLF = Capacity83_SS_CLF - 
QCD_83_SS - Qinfiltration_83_SS

Where:

ACC83_SS and ACC83_SS_CLF = adjusted cooling 
capacity for a theoretical comparable single-speed portable air 
conditioner at the 83 [deg]F dry-bulb outdoor temperature operating 
condition (Test Condition 2 in Table 1 of this appendix) without and 
with cycling losses, respectively, in Btu/h.
Capacity83_SS and Capacity83_SS_CLF = cooling 
capacity of a theoretical comparable single-speed portable air 
conditioner without and with cycling losses, respectively, at Test 
Condition 2 in Table 1 of this appendix (the 83 [deg]F dry-bulb 
outdoor temperature operating condition), calculated in section 
5.5.1 of this appendix, in Btu/h.
QCD_83_SS = total heat transferred from the ducts to the 
indoor conditioned space in cooling mode for a theoretical 
comparable single-speed portable air conditioner at the 83 [deg]F 
dry-bulb outdoor temperature operating condition (Test Condition 2 
in Table 1 of this appendix), in Btu/h, calculated in section 5.5.2 
of this appendix.
Qinfiltration_83_SS = total infiltration air heat in 
cooling mode for a theoretical comparable single-speed portable air 
conditioner at the 83 [deg]F dry-bulb outdoor temperature operating 
condition (Test Condition 2 in Table 1 of this appendix), calculated 
in section 5.5.3 of this appendix, in Btu/h.

    5.5.5 Annual Energy Consumption in Cooling Mode for a Theoretical 
Comparable Single-Speed Portable Air Conditioner at the Lower Outdoor 
Temperature Operating Condition. Calculate the annual energy 
consumption in cooling mode for a theoretical comparable single-speed 
portable air conditioner at the 83 [deg]F dry-bulb outdoor temperature 
operating condition (Test Condition 2 in Table 1 of this appendix), in 
kWh/year, as follows:


[[Page 17813]]


AEC83_SS = P83_SS x 750 x 0.001

Where:

AEC83_SS = annual energy consumption for a theoretical 
comparable single-speed portable air conditioner in cooling mode at 
the 83 [deg]F dry-bulb outdoor temperature operating condition (Test 
Condition 2 in Table 1 of this appendix), in kWh/year.
P83_SS = electrical power input for a theoretical 
comparable single-speed portable air conditioner at the 83 [deg]F 
dry-bulb outdoor temperature operating condition (Test Condition 2 
in Table 1 of this appendix) as calculated in section 5.5.1 of this 
appendix, in watts.
750 = number of cooling mode hours per year, as defined in section 
5.3 of this appendix.
0.001 kWh/Wh = conversion factor from watt-hours to kilowatt-hours.

    5.5.6 Combined Energy Efficiency Ratio for a Theoretical Comparable 
Single-Speed Portable Air Conditioner. Calculate the combined energy 
efficiency ratios for a theoretical comparable single-speed portable 
air conditioner both without cycling losses, CEERSS, and 
with cycling losses, CEERSS_CLF, in Btu/Wh, according to the 
following equations:
[GRAPHIC] [TIFF OMITTED] TN06AP21.005

Where:

CEERSS and CEERSS_CLF = combined energy 
efficiency ratio for a theoretical comparable single-speed portable 
air conditioner without and with cycling losses considered, 
respectively, in Btu/Wh.
ACC95 = adjusted cooling capacity for the sample unit, as 
calculated in section 5.1 of this appendix, when tested at Test 
Condition 1 in Table 1 of this appendix, in Btu/h.
ACC83_SS and ACC83_SS_CLF = adjusted cooling 
capacities for a theoretical comparable single-speed portable air 
conditioner at the 83 [deg]F dry-bulb outdoor temperature operating 
condition (Test Condition 2 in Table 1 of this appendix) without and 
with cycling losses, respectively, as calculated in section 5.5.4 of 
this appendix, in Btu/h.
AEC95 = annual energy consumption for the sample unit, as 
calculated in section 5.3 of this appendix, for cooling mode 
operation at Test Condition 1 in Table 1 of this appendix, in kWh/
year.
AEC83_SS = annual energy consumption for a theoretical 
comparable single-speed portable air conditioner in cooling mode at 
the 83 [deg]F dry-bulb outdoor temperature operating condition (Test 
Condition 2 in Table 1 of this appendix), calculated in section 
5.5.5 of this appendix, in kWh/year.
AECT = total annual energy consumption attributed to all 
operating modes except cooling for the sample unit, calculated in 
section 5.3 of this appendix, in kWh/year.
750 and 0.001 as defined previously in this section.
0.2 = weighting factor for the 95 [deg]F dry-bulb outdoor 
temperature operating condition.
0.8 = weighting factor for the 83 [deg]F dry-bulb outdoor 
temperature operating condition.

    5.5.7 Combined-Duct Variable-Speed Portable Air Conditioner 
Performance Adjustment Factor. Calculate the sample unit's performance 
adjustment factor, Fp,, as follows:
[GRAPHIC] [TIFF OMITTED] TN06AP21.006

Where:

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

    5.5.8 Dual-Duct Variable-Speed Portable Air Conditioner Combined 
Energy Efficiency Ratio. Calculate the sample unit's final combined 
energy efficiency ratio, CEER, in Btu/Wh, as follows:

CEER = CEERUA x (1 + Fp)

Where:

CEER = combined energy efficiency ratio for the sample unit, in Btu/
Wh.
CEERUA = unadjusted combined energy efficiency ratio for 
the sample unit, calculated in section 5.4 of this appendix, in Btu/
Wh.
Fp = sample unit's performance adjustment factor, 
calculated in section 5.5.7 of this appendix.''

    (3) Representations. Midea may not make representations about the 
efficiency of a basic model listed in paragraph (1) of this Interim 
Waiver Order for compliance, marketing, or other purposes unless that 
basic model has been tested in accordance with the provisions set forth 
in this alternate test procedure 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 Midea are valid. If Midea makes any modifications to the 
controls or configurations of a basic model subject to this Interim 
Waiver Order, the waiver will be invalid with respect to that basic 
model Midea either would be required to use the current Federal test 
method 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 the Interim Waiver Order is 
incorrect, or the results from the alternate test procedure are 
unrepresentative of the basic model's true energy consumption 
characteristics. 10 CFR 430.27(k)(1). Likewise, Midea may request that 
DOE rescind or modify the Interim Waiver Order if Midea discovers an 
error in the information provided to DOE as part of its petition, 
determines that the interim waiver is no longer needed, or for other 
appropriate reasons. 10 CFR 430.27(k)(2).
    (6) Issuance of this Interim Waiver Order does not release Midea 
from the applicable 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 Midea may manufacture. Midea may submit a new or amended petition 
for waiver and

[[Page 17814]]

request for grant of interim waiver, as appropriate, for additional 
basic models of portable air conditioners. Alternatively, if 
appropriate, Midea 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).

Signing Authority

    This document of the Department of Energy was signed on March 31, 
2021, by Kelly J. Speakes-Backman, Principal Deputy Assistant Secretary 
and Acting Assistant Secretary for 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 April 1, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

BEFORE THE UNITED STATES DEPARTMENT OF ENERGY WASHINGTON, DC 20585

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

Petition of Midea for Waiver, and Application for Interim Waiver, of 
Test Procedure for Portable Air Conditioners

Introduction

    GD Midea Air Conditioning Equipment Co. LTD. (Midea) hereby submits 
this Petition for Waiver, and Application for Interim Waiver, of the 
Department of Energy (DOE) Test Procedure for dual-duct portable air 
conditioners (PACs) in 10 CFR part 430, subpart B, Appendix CC, 
pursuant to 10 CFR 430.27. Midea requests expedited treatment of the 
Petition and Application.
    Midea requests that DOE grant the requested Waiver and Interim 
Waiver because the current test procedure cannot be used to test dual-
duct PACs with Midea's duct-in-duct (combined-duct) technology, which 
combines the condenser inlet and outlet ducts into a single structure. 
Furthermore, the current test procedure does not properly measure the 
energy consumption of combined-duct PACs with variable-speed 
compressors (VSCs).\11\ This request is consistent with the approach 
used for VSCs in the Waiver granted to LG Electronics Inc. (LG) 
published June 2, 2020, 85 FR 33,643, for testing single-duct PACs with 
VSCs. It simply adds procedures to accommodate Midea's combined-duct 
technology. Under DOE rules, this Waiver request should be granted. DOE 
also has authority to grant an Interim Waiver because the requested 
Waiver is likely be granted, because it would avoid economic hardship 
and competitive disadvantage to Midea, and because it would reflect 
sound public policy.
---------------------------------------------------------------------------

    \11\ Midea intends to manufacture such units using both standard 
compressors and VSCs. It expects to add models that do not have VSCs 
to this waiver request.
---------------------------------------------------------------------------

Analysis

I. Midea Group
    The Midea Group, of which Midea is a part, is the world's largest 
producer of major appliances, and the world's No. 1 brand of air-
treatment products, air-coolers, kettles, and rice cookers. It is also 
a world-leading technologies group in consumer appliances and HVAC 
systems. It offers diversified products, comprising consumer appliances 
(kitchen appliances, refrigerators, laundry appliances, and various 
small home appliances) and HVAC (residential air-conditioning, 
commercial air-conditioning, heating & ventilation). The Midea Group is 
committed to improving lives by adhering to the principle of ``Creating 
Value for Customers.'' It focuses on continuous technological 
innovation to improve products and services to make life more 
comfortable. The Midea Group's worldwide headquarters are located at 
Midea Group headquarter building, No. 6 Midea Avenue, Beijiao, Shunde, 
Foshan, Guangdong, 528311 P.R. China; (tel. 011-86-757-2633-888); URL: 
www.midea.com/global. GD Midea Air Conditioning Equipment Co. LTD, is 
located at No 6. Midea Avenue, Shunde Foshan, Guangdong, 528311 P.R. 
China.
II. Basic Models Subject to the Waiver Request
    This Petition for Waiver, and Application for Interim Waiver, are 
for the following basic models of residential PACs manufactured by 
Midea. All models have Midea's combined-duct technology:

----------------------------------------------------------------------------------------------------------------
             Brand                      Model No.                    Compressor type                Unit type
----------------------------------------------------------------------------------------------------------------
Midea..........................  US-KC35Y1/BP3N8-         Variable-Speed......................  Cool-only.
                                  PTB(CH3).
Midea..........................  US-KC30Y1/BP3N8-         Variable-Speed......................  Cool-only.
                                  PTB(CG8).
Perfect aire...................  1PORTV10000............  Variable-Speed......................  Cool-only.
Danby..........................  DPA100B9IWDB-6.........  Variable-Speed......................  Cool-only.
Heat Controller LLC............  PSV-101D...............  Variable-Speed......................  Cool-only.
Whynter........................  ARC-1030WN.............  Variable-Speed......................  Cool-only.
Whynter........................  ARC-1030BN.............  Variable-Speed......................  Cool-only.
Whynter........................  ARC-1030GN.............  Variable-Speed......................  Cool-only.
hOme...........................  HME020373N.............  Variable-Speed......................  Cool-only.
Vremi..........................  VRM050703N.............  Variable-Speed......................  Cool-only.
Wappliance.....................  BPI10MW................  Variable-Speed......................  Cool-only.
Perfect aire...................  1PORTVP10000...........  Variable-Speed......................  Heat-Cool.
Danby..........................  DPA100HB9IWDB-6........  Variable-Speed......................  Heat-Cool.
Heat Controller LLC............  PSHV-101D..............  Variable-Speed......................  Heat-Cool.
Whynter........................  ARC-1030WNH............  Variable-Speed......................  Heat-Cool.
Whynter........................  ARC-1030GNH............  Variable-Speed......................  Heat-Cool.
Whynter........................  ARC-1030BNH............  Variable-Speed......................  Heat-Cool.
hOme...........................  HME020374N.............  Variable-Speed......................  Heat-Cool.
Vremi..........................  VRM050704N.............  Variable-Speed......................  Heat-Cool.

[[Page 17815]]

 
Wappliance.....................  BPI10HMW...............  Variable-Speed......................  Heat-Cool.
Perfect aire...................  1PORTV12000............  Variable-Speed......................  Cool-only.
Danby..........................  DPA120B9IWDB-6.........  Variable-Speed......................  Cool-only.
Heat Controller LLC............  PSV-121D...............  Variable-Speed......................  Cool-only.
Whynter........................  ARC-1230WN.............  Variable-Speed......................  Cool-only.
Whynter........................  ARC-1230BN.............  Variable-Speed......................  Cool-only.
Whynter........................  ARC-1230GN.............  Variable-Speed......................  Cool-only.
hOme...........................  HME020375N.............  Variable-Speed......................  Cool-only.
Vremi..........................  VRM050705N.............  Variable-Speed......................  Cool-only.
Wappliance.....................  BPI12MW................  Variable-Speed......................  Cool-only.
Perfectaire....................  1PORTVP12000...........  Variable-Speed......................  Heat-Cool.
Danby..........................  DPA120HB9IWDB-6........  Variable-Speed......................  Heat-Cool.
Heat Controller LLC............  PSHV-121D..............  Variable-Speed......................  Heat-Cool.
Whynter........................  ARC-1230WNH............  Variable-Speed......................  Heat-Cool.
Whynter........................  ARC-1230GNH............  Variable-Speed......................  Heat-Cool.
Whynter........................  ARC-1230BNH............  Variable-Speed......................  Heat-Cool.
hOme...........................  HME020376N.............  Variable-Speed......................  Heat-Cool.
Vremi..........................  VRM050706N.............  Variable-Speed......................  Heat-Cool.
Wappliance.....................  BPI12HMW...............  Variable-Speed......................  Heat-Cool.
Midea..........................  MPPTB-12HRN8-BCH4......  Variable-Speed......................  Heat-Cool.
Midea..........................  MPPTB-12CRN8-BCH4......  Variable-Speed......................  Cool-only.
Midea..........................  MPPTB-10CRN8-BCG8......  Variable-Speed......................  Cool-only.
----------------------------------------------------------------------------------------------------------------

III. Requested Waiver
    Midea requests a waiver to test the energy consumption of the above 
residential PACs using the test procedure detailed in the waiver for 
PACs granted to LG,2 published on June 2, 2020, with modifications 
needed to account for dual-duct units incorporating Midea's combined-
duct technology.
    Strong demand for advanced energy efficient PACs led Midea to 
design dual-duct PACs with dramatic energy savings, and the ability to 
maintain the desired temperature without cycling the compressor motor 
and fans on and off by using inverter driven VSCs. The unit responds 
automatically to surrounding conditions by adjusting the compressor 
rotational speed based upon demand. This results in faster cooling and 
much more efficient operation through optimizing the speed of the 
compressor to make minimal adjustments as the room temperature rises 
and falls.
    The current DOE test procedure tests dual-duct PACs at two 
operating conditions, one measuring performance at a high outdoor 
operating temperature and one measuring performance at a lower outdoor 
operating temperature, without addressing the ability of VSCs to adjust 
their operating speed based on the demand load of the conditioned 
space. As such, the test procedure does not take into account the full 
range of performance and efficiency benefits of a VSC operating under 
part-load conditions. Other DOE test standards, such as for central air 
conditioners--and the test procedures approved through waivers granted 
to Midea and LG for room air conditioners and to LG for PACs--include 
part-load test conditions that account for the improved efficiency 
benefit from VSCs that modulate their operation to account for changing 
conditions to the environment, rather than cycling the compressor on 
and off.
    Additionally, the current test procedure prevents the testing of 
Midea's combined-duct technology because the condenser inlet and outlet 
air streams are incorporated into the same structure. Since the airflow 
both in and out of the condenser must be measured at the same time, 
modifications are needed to adapt Midea's combined-duct technology to 
DOE's test procedure and standard airflow measurement lab apparatuses. 
The DOE test procedure does not take into account a specially designed 
adapter that is needed for measuring the airflows.
IV. Regulatory Framework
    DOE's regulations provide that the Assistant Secretary ``will'' 
grant a Petition to a manufacturer upon a ``determination that the 
basic model for which the waiver was requested contains a design 
characteristic which either prevents testing of the basic model 
according to the prescribed test procedures, or the prescribed test 
procedures may 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 (emphasis supplied).
    As noted, the current DOE test procedure, 10 CFR part 430, subpart 
B, Appendix CC, requires that dual-duct PACs be tested at two operating 
conditions, one measuring peak load performance at a high outdoor 
operating temperature, and one measuring a reduced load performance at 
a lower outdoor operating temperature, and does not make any account 
for dual-duct PACs offering variable speed operation based upon 
different air test conditions. As a result, Midea's new dual-duct VSC 
PACs cannot be tested in a way that accurately reflects the energy 
saving benefits of VSC technology. If Midea were to test its dual-duct 
VSC PACs to the current test procedure the results would be wholly 
unrepresentative of their true energy consumption.
    Moreover, the models in Section II of this application cannot be 
tested using the current test procedure because the combined-duct 
design means that airflows from the inlet and outlet of the condenser 
must be measured together, at the same time, as seen in Figure 1. This 
requires a specially designed adapter that, naturally, is not part of 
the current test procedure. In addition, the duct heat transfer for the 
combined duct requires specific instructions on where to place the 
thermocouples so the heat transfer can be accounted for, which the 
current test procedure does not provide.

[[Page 17816]]

[GRAPHIC] [TIFF OMITTED] TN06AP21.007

V. Other Manufacturers With Similar Design Characteristics
    To the best of Midea's knowledge, (i) Midea is the only 
manufacturer of dual-duct PACs with combined-duct technology, both with 
and without VSCs, in the U.S. market; and (ii) Midea and LG are the 
only manufacturers of PACs with VSC technology in the U.S. market.
VI. Proposed Modifications to the Test Procedure
    Midea proposes the following alternative test method to evaluate 
the performance of the basic models listed in Section II. This 
alternative test method is the same as the existing procedure for PACs 
per Appendix CC, except it accounts for the combined-duct technology by 
describing the means to measure and calculate duct heat transfer and by 
providing a provision that requires a special adapter be used during 
testing and evaluation to measure the inlet and outlet condenser 
airflows. Additionally, the modified test procedure accounts for the 
increased efficiency of using VSCs, similar to the approach in the 
waver granted to LG published June 2, 2020.\12\ Specifically:
---------------------------------------------------------------------------

    \12\ Id.
---------------------------------------------------------------------------

    Midea shall be required to test the performance of the basic models 
listed in the Section II hereto according to the test procedure for 
portable air conditioners in 10 CFR, Part 430, Subpart B, Appendix CC, 
and the waiver granted to LG published on June 2, 2020, except as 
follows:
    Add the following after ``This appendix covers the test 
requirements used to measure the energy performance of single-duct and 
dual-duct'' in section 1 of Appendix CC: ``, including combined-
duct,''.
    Include the following sections from the LG waiver:
    ``2.11 Single-speed means a type of portable air conditioner that 
does not automatically adjust either the compressor or fan speed, or 
both, based on the detected outdoor conditions.''
    ``2.12 Variable-speed means a type of portable air conditioner that 
can automatically adjust compressor and fan speed, only compressor 
speed, or only fan speed, based on the detected outdoor conditions.''
    Replace the following sections from the LG waiver, with:
    ``2.13 Full compressor speed (full) means the compressor speed 
specified by the manufacturer at which the unit operates at full load 
testing conditions. Note--full compressor speed may be different at 
different test conditions.''
    ``2.14 Low compressor speed (low) means the compressor speed 
specified by the manufacturer at which the unit operates at low load 
test conditions, such that Capacity83_Low, the measured 
cooling capacity at test condition 3 in Table 1 of this appendix, is no 
less than 50 percent and no greater than 60 percent of the measured 
cooling capacity with the full compressor speed at test condition 1 in 
Table 1 of this appendix.''
    Modify section 2.15 of the LG waiver by replacing the word 
``single'' with the word ``dual''. Add new section 2.16 to Appendix CC 
as follows:
    ``2.16 Combined-duct portable air conditioner--a version of dual-
duct portable air conditioner where the ducts for the condenser inlet 
and outlet air are housed in the same structure.''
    Replace the sentence ``Note that if a product is able to operate as 
both a single-duct and dual-duct portable AC as distributed in commerce 
by the manufacturer, it must be tested and rated for all applicable 
duct configurations.'' in section 3.1.1 of Appendix CC with:
    ``Note that if a product is able to operate in multiple duct 
configurations, including single-duct, combined-duct, and dual-duct 
portable AC as distributed in commerce by the manufacturer, it must be 
tested and rated for all applicable duct configurations.''
    Add the following after ``Do not apply additional sealing or 
insulation.'' to Appendix CC section 3.1.1.1:
    ``For combined-duct portable air conditioners a special adapter is 
needed for testing to properly measure the condenser inlet and outlet 
airflows. This adapter must be provided by the manufacturer and allow 
connection of the condenser inlet and outlet airflows to the test lab's 
airflow measuring apparatuses.''
    Replace the sentence in Appendix CC section 3.1.1.6 with the 
following to account for the combination duct temperature measurements:
    ``Duct temperature measurements. Install any insulation and sealing

[[Page 17817]]

provided by the manufacturer. Then adhere eight equally spaced 
thermocouples to the outer surface of the duct, ensuring that the 
thermocouples are distributed equally on both the inlet and outlet 
portion of the combined-duct. Measure the surface temperature of the 
combined duct. Temperature measurements must have an error no greater 
than 0.5 [deg]F over the range being measured.''
    Include the modifications for section 3.1.2 of Appendix CC as 
defined in the LG waiver:
    ``3.1.2 Control settings. Set the controls to the lowest available 
temperature setpoint for cooling mode. If the portable air conditioner 
has a user-adjustable fan speed, select the maximum fan speed setting. 
If the portable air conditioner has an automatic louver oscillation 
feature, disable that feature throughout testing. If the louver 
oscillation feature is included but there is no option to disable it, 
test with the louver oscillation enabled. If the portable air 
conditioner has adjustable louvers, position the louvers parallel with 
the air flow to maximize air flow and minimize static pressure loss. 
Set the compressor speed during cooling mode testing as described in 
section 4.1, as amended by this interim waiver.''
    Replace section 4.1 of Appendix CC with the following to account 
for both single-speed and variable-speed compressor units as listed in 
Section II of this petition:
    ``4.1 Cooling mode. Instead of the test conditions in Table 3 of 
ANSI/AHAM PAC-1-2015, establish the test conditions presented in Table 
1 of this appendix. Test each single-speed sample unit twice, once at 
test condition 1 and once at test condition 2 in Table 1. Test each 
variable-speed sample unit three times, once at each test condition in 
Table 1. For each test condition, measure the sample unit's indoor room 
cooling capacity and overall power input in cooling mode in accordance 
with Section 7.1.b and 7.1.c of ANSI/AHAM PAC-1-2015 (incorporated by 
reference; see Sec.  430.3), respectively, and determine the test 
duration in accordance with Section 8.7 of ASHRAE Standard 37-2009 
(incorporated by reference; Sec.  430.3). Conduct the first test, for 
both single and variable-speed units, in accordance with ambient 
conditions for test condition 1 in Table 1 of this appendix, with the 
compressor speed set to full, for the duration of cooling mode testing 
(Capacity95, P95), which represents an outdoor 
temperature operating condition of 95 [deg]F dry-bulb and 67 [deg]F 
wet-bulb temperatures. Conduct the second test in accordance with the 
ambient conditions for test condition 2 in Table 1 of this appendix, 
with the compressor speed set to full, for the duration of cooling mode 
testing (Capacity83, P83), which represents an 
outdoor temperature operating condition of 83 [deg]F dry-bulb and 67.5 
[deg]F wet-bulb temperatures. For variable-speed units only, conduct 
the third test in accordance with the ambient conditions for test 
condition 3 in Table 1 of this appendix, with the compressor speed set 
to low for the duration of the cooling mode testing 
(Capacity83_Low, P83_Low), which represents an 
outdoor temperature operating condition of 83 [deg]F dry-bulb and 67.5 
[deg]F wet-bulb temperatures. Set the compressor speed required for 
each test condition in accordance with the manufacturer's 
instructions.''
    Replace Table 1 of Appendix CC with the following:

                   Table 1--Evaporator (Indoor) and Condenser (Outdoor) Inlet Test Conditions
----------------------------------------------------------------------------------------------------------------
                               Evaporator inlet air, [deg]F     Condenser inlet air, [deg]F
                                         ([deg]C)                        ([deg]C)
     Test configuration      ----------------------------------------------------------------  Condenser  speed
                                 Dry bulb        Wet bulb        Dry bulb        Wet bulb
----------------------------------------------------------------------------------------------------------------
Dual-Duct, Condition 1......       80 (26.7)       67 (19.4)       95 (35.0)       75 (23.9)  Full.
Dual-Duct, Condition 2......       80 (26.7)       67 (19.4)       83 (28.3)     67.5 (19.7)  Full.
Dual-Duct, Condition 3......       80 (26.7)       67 (19.4)       83 (28.3)     67.5 (19.7)  Low.
----------------------------------------------------------------------------------------------------------------

    Modify Appendix CC section 4.1.1 with the following after 
``Calculate the surface area'': , ACD, to the following 
equation:
    For combined-duct portable air conditioners:

ACD = P x L

Where:

ACD = the outer area of the combined-duct, in square 
feet.
L = the extended length of the combined-duct while under test, in 
feet.
P = the perimeter of the combined-duct, as measured following the 
instructions below, in ft.

    Measure the perimeter of the combined-duct air conditioners using a 
flexible measuring tape, or equivalent, by wrapping the measuring tape 
around the outside of the combined-duct, making sure the tape is on the 
outermost ridges.
    Calculate the total heat transferred from the surface of the 
duct(s) to the indoor conditioned space while operating in cooling mode 
for the outdoor test conditions in Table 1 of this appendix, as 
follows.
For combined-duct portable air conditioners:

QCD_95 = h x ACD x (TCD_95-
Tei)
QCD_83 = h x ACD x (TCD_83-
Tei)
QCD_83_Low = h x ACD x (TCD_83_Low-
Tei)

Where:

QCD_95, QCD_83, and QCD_83_Low = 
for combined-duct portable air conditioners, the total heat 
transferred from the ducts to the indoor conditioned space in 
cooling mode, in Btu/h, when tested according to test condition 1, 
2, and 3 in Table 1 of this appendix, respectively.
TCD_95, TCD_83, and TCD_83_Low = 
average surface temperature for the duct, as measured during testing 
according to the three outdoor test conditions in Table 1 of this 
appendix, in [deg]F.
ACD = the outer area of the combined-duct, in square 
feet.
h = convection coefficient, 3 Btu/h per square foot per [deg]F.

    Replace section 4.1.2 in Appendix CC with the following:
    ``4.1.2 Infiltration Air Heat Transfer. Measure the heat 
contribution from infiltration air for dual- duct portable air 
conditioners that draw at least part of the condenser air from the 
conditioned space. Calculate the heat contribution from infiltration 
air for dual-duct portable air conditioners for all cooling mode 
outdoor test conditions, as described in this section. Calculate the 
dry air mass flow rate of infiltration air according to the following 
equations:

[[Page 17818]]

[GRAPHIC] [TIFF OMITTED] TN06AP21.008

Where:

m95, m83 and m83_Low = dry air mass 
flow rate of infiltration air for dual-duct portable air 
conditioners, as calculated based on testing according to the test 
conditions in Table 1 of this appendix, in lb/m.
Vco_95, Vco_83 and Vco_83_Low = 
average volumetric flow rate of the condenser outlet air during 
cooling mode testing for single-duct portable air conditioners; and 
at the 95 [deg]F and 83 [deg]F dry-bulb outdoor conditions for dual-
duct portable air conditioners, respectively, in cubic feet per 
minute (cfm).
Vci_95, Vci_83 and Vci_83_Low = 
average volumetric flow rate of the condenser inlet air during 
cooling mode testing at the 95 [deg]F and 83 [deg]F dry-bulb outdoor 
conditions for dual-duct portable air conditioners, respectively, in 
cfm.
[rho]co_95, [rho]co_83 and 
[rho]co_83_Low = average density of the condenser outlet 
air during cooling mode testing for single-duct portable air 
conditioners, and at the 95 [deg]F and 83 [deg]F dry-bulb outdoor 
conditions for dual-duct portable air conditioners, respectively, in 
pounds mass per cubic foot (lbm/ft\3\).
[rho]ci_95, [rho]ci_83 and 
[rho]ci_83_Low = average density of the condenser inlet 
air during cooling mode testing at the 95 [deg]F and 83 [deg]F dry-
bulb outdoor conditions for dual-duct portable air conditioners, 
respectively, in lbm/ft\3\.
[omega]co_95, [omega]co_83 and 
[omega]co_83_Low = average humidity ratio of condenser 
outlet air during cooling mode testing for single-duct portable air 
conditioners, and at the 95 [deg]F and 83 [deg]F dry-bulb outdoor 
conditions for dual-duct portable air conditioners, respectively, in 
pounds mass of water vapor per pounds mass of dry air 
(lbw/lbda).
[omega]ci_95, [omega]ci_83 and 
[omega]ci_83_Low = average humidity ratio of condenser 
inlet air during cooling mode testing at the 95 [deg]F and 83 [deg]F 
dry-bulb outdoor conditions for dual-duct portable air conditioners, 
respectively, in lbw/lbda.

    Calculate the sensible component of infiltration air heat 
contribution according to:

Qs_95 = m x 60 x [cp_da x (Tia_95 - 
Tindoor) + (cp_wv x ([omega]ia_95 x 
Tia_95 - [omega]indoor x Tindoor))]
Qs_83 = m x 60 x [(cp_da x (Tia_83 - 
Tindoor) + (cp_wv x ([omega]ia_83 x 
Tia_83 - [omega]indoor x Tindoor))]
Qs_83_Low = m x 60 x [(cp_da x (Tia_83 
- Tindoor) + (cp_wv x ([omega]ia_83 x 
Tia_83 - [omega]indoor x Tindoor))

Where:

Qs_95, Qs_83 and Qs_83_Low = 
sensible heat added to the room by infiltration air, calculated at 
the 1, 2, and 3 test conditions respectively in Table 1 of this 
appendix, in Btu/h.
m = dry air mass flow rate of infiltration air, mSD or 
m95 when calculating Qs_95 and mSD 
or m83 when calculating Qs_83 and 
m83_Low when calculating Qs_83_Low, in lb/m.
cp_da = specific heat of dry air, 0.24 Btu/lbm 
- [deg]F.
cp_wv = specific heat of water vapor, 0.444 Btu/
lbm - [deg]F. Tindoor = indoor chamber dry-
bulb temperature, 80 [deg]F.
Tia_95 and Tia_83 = infiltration air dry-bulb 
temperatures for the three test conditions in Table 1 of this 
appendix, 95 [deg]F and 83 [deg]F, respectively.
[omega]ia_95 and [omega]ia_83 = humidity 
ratios of the 95 [deg]F and 83 [deg]F dry-bulb infiltration air, 
0.0141 and 0.01086 lbw/lbda, respectively.
[omega]indoor = humidity ratio of the indoor chamber air, 
0.0112 lbw/lbda.
60 = conversion factor from minutes to hours.

    Calculate the latent heat contribution of the infiltration air 
according to:

Ql_95 = m x 60 x Hfg x ([omega]ia_95 - 
[omega]indoor)
Ql_83 = m x 60 x Hfg x ([omega]ia_83 - 
[omega]indoor)
Ql_83_Low = m x 60 x Hfg x 
([omega]ia_83 - [omega]indoor)

Where:

Ql_95, Ql_83 and Ql_83_LOW = latent 
heat added to the room by infiltration air, calculated at the 1, 2, 
and 3 test conditions respectively in Table 1 of this appendix, in 
Btu/h.
m = mass flow rate of infiltration air, mSD or 
m95 when calculating Ql_95 and mSD 
or m83 when calculating Ql_83 and 
m83_Low when calculating Qs_83_Low, in lb/m.
Hfg = latent heat of vaporization for water vapor, 1061 
Btu/lbm.
[omega]ia_95 and [omega]ia_83 = humidity 
ratios of the 95 [deg]F and 83 [deg]F dry-bulb infiltration air, 
0.0141 and 0.01086 lbw/lbda, respectively.
[omega]indoor = humidity ratio of the indoor chamber air, 
0.0112 lbw/lbda.
60 = conversion factor from minutes to hours.

    The total heat contribution of the infiltration air is the sum of 
the sensible and latent heat:

Qinfiltration_95 = Qs_95 + Ql_95
Qinfiltration_83 = Qs_83 + Ql_83
Qinfiltration_83_Low = Qs_83_Low + 
Ql_83_Low

Where:

Qinfiltration_95, Qinfiltration_83 and 
Qinfiltration_83_Low = total infiltration air heat in 
cooling mode, calculated at the 1, 2, and 3 test conditions 
respectively in Table 1 of this appendix, in Btu/h.
Qs_95, Qs_83 and Qs_83_Low = 
sensible heat added to the room by infiltration air, calculated at 
the 1, 2, and 3 test conditions respectively in Table 1 of this 
appendix, in Btu/h.
Ql_95, Ql_83 and Ql_83_Low = latent 
heat added to the room by infiltration air, calculated at the 1, 2, 
and 3 test conditions respectively in Table 1 of this appendix, in 
Btu/h.

    Modify section 5.1 of Appendix CC after ``Calculate the adjusted 
cooling capacities for portable air conditioners, ACC95, 
ACC83,'' with the following:
    ``and ACC83_Low expressed in Btu/h, according to the 
following equations:

ACC95 = Capacity95--QCD_95 - 
Qinfiltration_95
ACC83 = Capacity83 -- QCD_83 - 
Qinfiltration_83
ACC83_Low = Capacity83_Low - 
QCD_83_Low - Qinfiltration_83_Low

Where:

Capacity95, Capacity83, and 
Capacity83_Low = cooling capacity measured in section 
4.1.1 of this appendix.
QCD_95, QCD_83, and QCD_83_Low = 
duct heat transfer while operating in cooling mode, calculated in 
section 4.1.1.1 of this appendix.
Qinfiltration_95, Qinfiltration_83, and 
Qinfiltration_83_Low = total infiltration air heat 
transfer in cooling mode, calculated in section 4.1.1.2 of this 
appendix.''

    Replace the table of Annual Operating Hours in Appendix CC section 
5.3 with the following:

[[Page 17819]]



------------------------------------------------------------------------
                                                                 Annual
                        Operating mode                         operating
                                                                 hours
------------------------------------------------------------------------
Cooling Mode, Dual-Duct test condition 1.....................        750
Cooling Mode, Dual-Duct test condition 2.....................        750
Cooling Mode, Dual-Duct, test condition 3....................        750
Off-Cycle....................................................        880
Inactive or Off..............................................      1,355
------------------------------------------------------------------------

    Change the definition of variable ``m'' in Appendix CC section 5.3 
to the following:
    ``m represents the operating mode (``95'' for test condition 1, 
``83'' for test condition 2, ``83_Low'' for test condition 3, ``oc'' 
off cycle, and ``ia'' inactive or ``om'' off mode).''
    Replace section 5.4 of Appendix CC with the following:
    ``5.4 Combined Energy Efficiency Ratio. Using the annual operating 
hours, as outlined in section.
    5.3 of this appendix, calculate the combined energy efficiency 
ratios, CEERSS and CEERUA, expressed in Btu/Wh, 
according to the following:
    For Single-Speed Units:
    [GRAPHIC] [TIFF OMITTED] TN06AP21.009
    
    For Variable Speed Units:
    [GRAPHIC] [TIFF OMITTED] TN06AP21.010
    
Where:

CEERSS = combined energy efficiency ratio for the single-
speed portable air conditioner, in Btu/Wh.
ACC95, ACC83 and ACC83_Low = 
adjusted cooling capacity, in Btu/h, calculated in section 5.1 of 
this appendix.
CEERUA = combined energy efficiency ratio for the 
variable-speed portable air conditioner, in Btu/Wh.
AEC95, AEC83, and AEC83_Low = 
annual energy consumption for the cooling mode tests, in kWh/year, 
calculated in section 5.3 of this appendix.
AECT = total annual energy consumption attributed to all 
modes except cooling, in kWh/year, calculated in section 5.3 of this 
appendix.
750 = number of cooling mode hours per year.
0.01 kWh/Wh = conversion factor for watt-hours to kilowatt-hours.
0.2 = weighting factor for the 95 [deg]F dry-bulb outdoor condition 
test.
0.8 = weighting factor for the 83 [deg]F dry-bulb outdoor condition 
test.''

    Modify section 5.5 of the LG waiver by adding the following after 
``Adjust the combined energy efficiency ratio'' and before ``as 
follows.'': ``for variable speed units''
    Modify section 5.5.1 of the LG waiver by replacing everything after 
``Calculate the cooling capacity and cooling capacity with cycling 
losses, expressed in British thermal units per hour (Btu/h), and 
electrical power input, expressed in watts, for a theoretical 
comparable single-speed portable air conditioner'' with the following:

``at test condition 2 in Table 1 of this appendix. A theoretical 
comparable single-speed compressor has the same cooling capacity and 
electrical input, with cycling losses, as the tested per test condition 
2 in Table 4.1 of this appendix and further adjusted to account for the 
different compressor speeds.

Capacity83_SS = Capacity83 x FCap
Capacity83_SS_CLF = Capacity83_SS x 0.875
P83_SS = P83 x FCap

Where:

Capacity83_SS = theoretical comparable single-speed 
portable air conditioner cooling capacity, in Btu/h, calculated for 
test condition 2 in Table 1.
Capacity83_SS_CLF = theoretical comparable single-speed 
portable air conditioner cooling capacity with cycling losses, in 
Btu/h, calculated for test condition 2 in Table 1.
Capacity83 = variable-speed portable air conditioner 
cooling capacity, in Btu/h, determined in section 4.1 of this 
appendix for test condition 2 in Table 1.
P83_SS = theoretical comparable single-speed portable air 
conditioner electrical power input, in watts, calculated for test 
condition 2 in Table 1.
P83 = variable-speed portable air conditioner electrical 
power input, in watts, determined in section 4.1 of this appendix 
for test condition 2 in Table 1.
0.875 = cycling loss factor for the 83 [deg]F dry-bulb outdoor 
temperature operating condition.
FCap = adjustment factor to account for different 
compressor speeds at test condition 2 in Table 1 of this appendix 
between single-speed and variable-speed compressors, 0.92.''

    Delete section 5.5.2 from the LG waiver. This section is not 
needed, and instead the duct loss for a comparable single speed unit is 
accounted for in section 4.1.1.
    Delete section 5.5.3 from the LG waiver. This section is not 
needed, and instead the infiltration for a comparable single speed unit 
is accounted for in section 4.1.2.
    Replace section 5.5.4 in the LG waiver with the following:
    ``5.5.4 Adjusted Cooling Capacity for a Theoretical Comparable 
Single-Speed Portable Air Conditioner at the Lower Outdoor Test 
Condition. Calculate the adjusted cooling capacity for a theoretical 
comparable single-speed portable air conditioner operating at test 
condition 2 in Table 1 of this appendix with and without cycling 
losses, ACC83_SS and ACC 83_SS_CLF, respectively, 
expressed in Btu/h, according to the following equation:

ACC83_SS = Capacity83_SS - QCD_83 - 
Qinfiltration_83
ACC83_SS_CLF = Capacity83_SS_CLF - 
QCD_83 - Qinfiltration_83

Where:

ACC83_SS and ACC83_SS_CLF = adjusted cooling 
capacity for a theoretical comparable single-speed portable air 
conditioner at test condition 2 in Table 1 of this appendix without 
and with cycling losses, respectively, in Btu/h.
Capacity83_SS and Capacity83_SS_CLF = 
theoretical comparable single-speed

[[Page 17820]]

portable air conditioner cooling capacity without and with cycling 
losses, respectively, in Btu/h, at test condition 2 in Table 1 of 
this appendix, calculated in section 5.5.1 of this appendix.
QCD_83 = total heat transferred from the ducts to the 
indoor conditioned space in cooling mode for a theoretical 
comparable single-speed portable air conditioner at test condition 2 
in Table 1 of this appendix, in Btu/h, calculated in section 4.1.1 
of this appendix.
Qinfiltration_83_SS = total infiltration air heat in 
cooling mode for a theoretical comparable single-speed portable air 
conditioner at test condition 2 in Table 1 of this appendix, in Btu/
h, calculated in section 4.1.2 of this appendix.''

    Modify section 5.5.5 in the LG waiver by replacing everything after 
``Calculate the annual energy consumption in cooling mode for a 
theoretical comparable single-speed portable air conditioner at'' with 
the following:

``test condition 2 in Table 1 of this appendix, in kWh/year, according 
to the following equations:
AEC83_SS = P83_SS x 750 x 0.001

Where:

AEC83_SS = annual energy consumption for a theoretical 
comparable single-speed portable air conditioner in cooling mode at 
test condition 2 in Table 1 of this appendix, in kWh/year.
P83_SS = electrical power input for a theoretical 
comparable single-speed portable air conditioner electrical power 
input at condition 2 in Table 1 of this appendix, in watts, 
calculated in section 5.5.1 of this appendix.
750 = number of cooling mode hours per year, as defined in section 
5.3 of this appendix.
0.001 kWh/Wh = conversion factor from watt-hours to kilowatt-hours.

    Replace section 5.5.6 of the LG waiver with the following:
    ``5.5.6 Combined Energy Efficiency Ratio for a Theoretical 
Comparable Single-Speed Portable Air Conditioner. Calculate the 
combined energy efficiency ratio for a theoretical comparable single-
speed portable air conditioner without and with cycling, 
CEERSS, and with cycling losses, CEERSS_CLF, in 
Btu/Wh, according to the following equations:
[GRAPHIC] [TIFF OMITTED] TN06AP21.011

Where:

CEERSS and CEERSS_CLF = combined energy 
efficiency ratio for a theoretical comparable single-speed portable 
air conditioner without and with cycling losses considered, 
respectively, in Btu/Wh.
ACC95 = adjusted cooling capacity for the sample unit, as 
calculated in section 5.1 of this appendix, when tested at test 
condition 1 in Table 1 of this appendix that is representative of 
operation at the 95 [deg]F dry-bulb outdoor temperature operating 
condition, in Btu/h.
ACC83 and ACC83_SS_CLF = adjusted cooling 
capacity for a theoretical comparable single-speed portable air 
conditioner at test condition 2 in Table 1 of this appendix without 
and with cycling losses, respectively, as calculated in section 
5.5.4 of this appendix, in Btu/h.
AEC95 = annual energy consumption for the sample unit, as 
calculated in section 5.3 of this appendix, for cooling mode 
operation at test condition 1 in Table 1 of this appendix that 
represents operation at a 95 [deg]F dry-bulb outdoor temperature 
operating condition, in kWh/year.
AEC83_SS = annual energy consumption for a theoretical 
comparable single-speed portable air conditioner in cooling mode at 
test condition 2 in Table 1 of this appendix, calculated in section 
5.5.5 of this appendix, in kWh/year.
AECT = total annual energy consumption attributed to all 
operating modes except cooling for the sample unit, calculated in 
section 5.3 of this appendix, in kWh/year.
750 and 0.001 as defined previously in this section.
0.2 = weighting factor for the 95 [deg]F dry-bulb outdoor 
temperature operating condition.
0.8 = weighting factor for the 83 [deg]F dry-bulb outdoor 
temperature operating condition.''
VII. Additional Justification for Interim Waiver Application
a. There Is a Strong Likelihood That the Waiver Will Be Granted
    This Petition provides strong evidence that the Waiver will be 
granted. A Waiver is appropriate because the current test procedure 
does not accurately reflect the energy efficiency of models with VSCs 
since it tests only in the full load condition at two test points. 
These compressors can vary the rotational speed based upon the 
difference in unit set-point and the ambient temperature of the 
conditioned space, and will optimize the energy usage based on these 
conditions that can result in a greater compressor speed at less load. 
A PAC without a VSC cannot operate in this fashion as the compressor is 
either on at full capacity or off. The test procedure in the waiver 
granted to LG published on June 2, 2020, will account for energy being 
used at different test conditions with some modification for Midea's 
units.
    Additionally, the current test procedure does not account for 
Midea's unique combined- duct technology that requires special 
provisions to measure the inlet and outlet condenser airflow and 
measure the duct heat transfer. Midea has also demonstrated that its 
approach is consistent with waivers granted by DOE to other 
manufacturers with VSC technology.
b. Economic Hardship Would Be Caused by Denial of an Interim Waiver
    In the absence of an Interim Waiver, Midea will lack certainty as 
to whether it can launch these combined-duct PACs with VSCs. Midea 
believes there will be strong consumer demand for these PACs, and the 
inability to market due to the denial of an Interim Waiver will cause 
economic hardship and competitive disadvantage to Midea. This is 
because there are exceptionally long lead times and significant 
expenses associated with the design and manufacturer of PACs. 
Compliance with energy consumption standards is a critical design 
factor for all of Midea's PACs. Any delay in obtaining clarity on this 
issue will force Midea to postpone key decisions regarding its 
investments to build, launch and market these PACs. In the event that 
this Interim Waiver is not approved, Midea would not be able to move 
forward with the launch of these models, resulting in a multi-million-
dollar impact to the company and would require costly contingency plans 
and put us at a competitive disadvantage to competitors.

[[Page 17821]]

C. Sound Public Policy Supports Grant of the Interim Waiver
    The grant of an Interim Waiver is also supported by sound public 
policy. The models for which an interim waiver is sought utilize 
technological advances that increase energy efficiency, reduce energy 
consumption, lower costs for consumers, and provide enhanced comfort.

Conclusion

    Midea respectfully requests that DOE grant this Petition for Waiver 
and Application for Interim Waiver. By granting this Waiver, DOE will 
ensure that consumers will have access to new, innovative and energy 
efficient combined-duct PACs with and without VSCs.

Respectfully submitted,

/s/--------------------------------------------------------------------

Scott Blake Harris

John Hodges

Harris, Wiltshire & Grannis LLP, 1919 M Street NW, Washington, DC 
20036, Counsel for GD Midea Air Conditioning Equipment Co. LTD.

[FR Doc. 2021-07025 Filed 4-5-21; 8:45 am]
BILLING CODE 6450-01-P