Energy Conservation Program: Notification of Petition for Waiver of Goodman Manufacturing Company, L.P. From the Department of Energy Central Air Conditioners and Heat Pumps Test Procedure and Notification of Grant of Interim Waiver, 40534-40542 [2021-16021]

Download as PDF 40534 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES from updating the 90.1 Standard to the 2019 edition in its building codes impact analysis. Accordingly, DOE incorporated the IWG’s consideration in its analysis. However, as discussed in previous comments, DOE’s SC– CO2 analysis using these estimates was not considered in DOE’s ultimate determination of whether the 2021 IECC Standard will improve energy efficiency. Comment: AHRI, p. 4. AHRI argued that it is arbitrary and capricious to use different timeframes and assumptions for costs and benefits and notes that DOE must clarify precisely why and how it believes it has statutory authority under 42 U.S.C. 6833(a) to consider SC–CO2 issues and cites why such action is legally arbitrary without sufficient documented reason for treating similar situations differently. AHRI notes that DOE, in clarifying why it believes it has such authority, can establish how it is acting consistently in terms of the analysis of benefits. DOE Response: See previous response to AHRI comment on the issue of authority. On the issue of costs and benefits, DOE reemphasizes that its determination analysis is not assessing the costs and benefits associated with the updated 2021 IECC, that the determination is solely based on energy efficiency, and that the reported carbon emissions are reported only as supplemental information for the benefit of interested parties and in support of the directives of Executive Order 12866. To clarify the issue of timeframe, the emission estimates are based on one year (i.e., the annual energy consumption estimated via the energy efficiency analysis). However, the step of projecting the associated CO2 impacts captures the longer-term impact of those single-year emissions, as they persist in the atmosphere (and drive the damage impacts over the time they persist), which is then discounted to present value for the year when the emissions occur. DOE does not find an economic inconsistency in this approach to reporting emission benefits. Such a calculation is similar to life-cycle analysis, for instance, which is performed in a similar fashion, where a single year event occurs (e.g., a purchase of more efficient equipment), but the energy savings are calculated over the time they exist (e.g., the life of the equipment), and discounted back to the present value to reflect an overall lifecycle cost. DOE’s reporting here of discounted damage impacts is consistent with that general approach. Signing Authority This document of the Department of Energy was signed on July 19, 2021, by Kelly 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 VerDate Sep<11>2014 17:16 Jul 27, 2021 Jkt 253001 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 July 22, 2021. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2021–15969 Filed 7–27–21; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY [Case Number 2021–001; EERE–2021–BT– WAV–0001] Energy Conservation Program: Notification of Petition for Waiver of Goodman Manufacturing Company, L.P. From the Department of Energy Central Air Conditioners and Heat Pumps Test Procedure and Notification of Grant of Interim Waiver 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. AGENCY: This notification announces receipt of and publishes a petition for waiver and interim waiver from Goodman Manufacturing Company, L.P. (‘‘Goodman’’) which seeks a waiver from the U.S. Department of Energy (‘‘DOE’’) test procedure used for determining the efficiency of specified central air conditioner (‘‘CAC’’) and heat pump (‘‘HP’’) basic models. DOE also gives notification of an Interim Waiver Order that requires Goodman to test and rate specified CAC and HP basic models in accordance with the alternate test procedure set forth in the Interim Waiver Order. DOE solicits comments, data, and information concerning Goodman’s petition and its suggested alternate test procedure to inform DOE’s final decision on Goodman’s waiver request. DATES: The Interim Waiver Order is effective on July 28, 2021. Written comments and information are requested and will be accepted on or before August 27, 2021. ADDRESSES: Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at https://www.regulations.gov. Follow the instructions for submitting comments. Alternatively, interested persons may submit comments by email to the SUMMARY: PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 following address: Goodman2021WAV0001@ee.doe.gov. Include case number ‘‘2021–001’’ and Docket number ‘‘EERE–2021–BT–WAV– 0001’’ in the subject line of the message. Submit electronic comments in WordPerfect, Microsoft Word, PDF, or ASCII file format, and avoid the use of special characters or any form of encryption. Although DOE has routinely accepted public comment submissions through a variety of mechanisms, including postal mail and hand delivery/courier, the Department has found it necessary to make temporary modifications to the comment submission process in light of the ongoing coronavirus disease 2019 (‘‘COVID–19’’) pandemic. DOE is currently accepting only electronic submissions at this time. 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. No telefacsimilies (faxes) will be accepted. For detailed instructions on submitting comments and additional information on this process, see the SUPPLEMENTARY INFORMATION section of this document. Docket: The docket, which includes Federal Register notices, comments, and other supporting documents/ materials, is available for review at https://www.regulations.gov. All documents in the docket are listed in the https://www.regulations.gov index. However, some documents listed in the index, such as those containing information that is exempt from public disclosure, may not be publicly available. The docket web page can be found https://www.regulations.gov/docket?D= EERE-2021-BT-WAV-0001. The docket web page contains instruction on how to access all documents, including public comments, in the docket. See the SUPPLEMENTARY INFORMATION section for information on how to submit comments through https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, Mailstop EE–5B, 1000 Independence Avenue SW, Washington, DC 20585–0121. Email: AS_Waiver_Request@ee.doe.gov. E:\FR\FM\28JYN1.SGM 28JYN1 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES Mr. Pete Cochran, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC–33, Forrestal Building, 1000 Independence Avenue SW, Washington, DC 20585–0103. Telephone: (202) 586–9496. Email: Peter.Cochran@hq.doe.gov. SUPPLEMENTARY INFORMATION: DOE is publishing Goodman’s petition for waiver in its entirety, pursuant to 10 CFR 430.27(b)(1)(iv),1 absent any information for which petitioner requested treatment as confidential business information. DOE invites all interested parties to submit in writing by August 27, 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 Rusty Tharp, Russell.Tharp@goodmanmfg.com, Goodman Manufacturing Company, L.P. 19001 Kermier Road, Waller, TX 77484. Submitting comments via https:// www.regulations.gov. The https:// www.regulations.gov web page will require you to provide your name and contact information. Your contact information will be viewable to DOE Building Technologies staff only. Your contact information will not be publicly viewable except for your first and last names, organization name (if any), and submitter representative name (if any). If your comment is not processed properly because of technical difficulties, DOE will use this information to contact you. If DOE cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment. However, your contact information will be publicly viewable if you include it in the comment or in any documents attached to your comment. Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment. Persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any documents submitted with the comments. 1 On December 11, 2020, DOE published an amendment to the waiver petition regulation at 10 CFR 430.27, which became effective beginning January 11, 2021. The Goodman petition was received prior to the effective date of that amendment and therefore is being processed pursuant to the regulation in effect at the time of receipt. References to 10 CFR 430.27 in this notification refer to the 10 CFR 430.27 in the 10 CFR parts 200 to 499 edition revised as of January 1, 2021. VerDate Sep<11>2014 17:16 Jul 27, 2021 Jkt 253001 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 will also 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. No facsimiles (faxes) will be accepted. Comments, data, and other information submitted to DOE electronically should be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format. Provide documents that are not secured, written in English and free of any defects or viruses. Documents should not contain special characters or any form of encryption and, if possible, they should carry the electronic signature of the author. Campaign form letters. Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters’ names compiled into one or more PDFs. This reduces comment processing and posting time. Confidential Business Information. According to 10 CFR 1004.11, any PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 40535 person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit via email two wellmarked copies: one copy of the document marked confidential including all the information believed to be confidential, and one copy of the document marked ‘‘non-confidential’’ with the information believed to be confidential deleted. DOE will make its own determination about the confidential status of the information and treat it according to its determination. 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 2021–001 Interim Waiver Order I. Background and Authority The Energy Policy and Conservation Act, as amended (‘‘EPCA’’),2 among other things, authorizes the U.S. Department of Energy (‘‘DOE’’) to regulate the energy efficiency of a number of consumer products and industrial equipment. Title III, Part B 3 of EPCA established the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth a variety of provisions designed to improve energy efficiency for certain types of consumer products. These products include central air conditioners and central air conditioning heat pumps (‘‘CACs’’ and ‘‘HPs’’), the subject of this Interim Waiver Order. (42 U.S.C. 6292(a)(3)) 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 2 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). 3 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated as Part A. E:\FR\FM\28JYN1.SGM 28JYN1 40536 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), and (2) making representations about the efficiency of that product (42 U.S.C. 6293(c)). Similarly, DOE must use these test procedures to determine whether the covered 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 current test procedure for CACs and HPs is contained in the Code of Federal Regulations (‘‘CFR’’) at 10 CFR part 430, subpart B, appendix M, Uniform Test Method for Measuring the Energy Consumption of Central Air Conditioners and Heat Pumps (‘‘Appendix M’’). Beginning January 1, 2023, any representations made with respect to the energy use, power, or efficiency of CACs and HPs must be based on the results of testing pursuant to 10 CFR part 430, subpart B, appendix M1, Uniform Test Method for Measuring the Energy Consumption of Central Air Conditioners and Heat Pumps (‘‘Appendix M1’’). Under 10 CFR 430.27,4 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 4 On December 11, 2020, DOE published an amendment to the waiver petition regulation at 10 CFR 430.27, which became effective beginning January 11, 2021. The Goodman petition was received prior to the effective date of the amendment and therefore is being processed pursuant to the regulation in effect at the time of receipt. References to 10 CFR 430.27 in this notification refer to the 10 CFR 430.27 in the 10 CFR parts 200 to 499 edition revised as of January 1, 2021. VerDate Sep<11>2014 17:16 Jul 27, 2021 Jkt 253001 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 so as to eliminate any need for the continuation of such waiver. 10 CFR 430.27(l). As soon thereafter as practicable, DOE will publish in the Federal Register a final rule. Id. The waiver process also provides that DOE may grant an interim waiver if it appears likely that the underlying petition for waiver will be granted and/ or if DOE determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the underlying petition for waiver. 10 CFR 430.27(e)(2). Within one year of issuance of an interim waiver, DOE will either: (i) Publish in the Federal Register a determination on the petition for waiver; or (ii) publish in the Federal Register a new or amended test procedure that addresses the issues presented in the waiver. 10 CFR 430.27(h)(1). When DOE amends the test procedure to address the issues presented in a waiver, the waiver will automatically terminate on the date on which use of that test procedure is required to demonstrate compliance. 10 CFR 430.27(h)(2). II. Goodman’s Petition for Waiver and Interim Waiver On January 8, 2021, Goodman filed a petition for waiver and interim waiver from the test procedure for CACs and HPs set forth in Appendix M and Appendix M1.5 Goodman stated that Appendix M and Appendix M1 6 do not 5 The specific basic models for which the petition applies are 28 Daikin basic models: DX17VSS181AA, DX17VSS181BA, DX17VSS241AA, DX17VSS241BA, DX17VSS301AA, DX17VSS301BA, DX17VSS361AA, DX17VSS361BA, DX17VSS421AA, DX17VSS421BA, DX17VSS481AA, DX17VSS481BA, DX17VSS601AA, DX17VSS601BA, DZ17VSA181AA, DZ17VSA181BA, DZ17VSA241AA, DZ17VSA241BA, DZ17VSA301AA, DZ17VSA301BA DZ17VSA361AA, DZ17VSA361BA, DZ17VSA421AA, DZ17VSA421BA, DZ17VSA481AA, DZ17VSA481BA, DZ17VSA601AA, and DZ17VSA601BA. These basic model names were provided by Goodman in its revised petition on March 30, 2021. 6 As noted, Appendix M1 is not required until January 1, 2023. However, manufacturers may determine it necessary to conduct testing under PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 include provisions for determining cooling intermediate air volume rate, cooling minimum air volume rate, and heating intermediate air volume rate for the variable-speed coil-only single-split systems specified in its petition. Goodman asserts that although the CAC and HP test procedures at Appendix M and Appendix M1 generally provide for testing of variable-speed systems, they do not provide for testing of variablespeed coil-only single-split systems. Coil-only indoor units are distributed in commerce without an indoor blower or separate designated air mover. Such systems would be installed either with an existing air mover (e.g., a furnace) or with a new air mover which is not designed by the manufacturer. The DOE test procedure provides instructions for setting airflow during testing to represent such indoor blowers or air movers. For example, the DOE test procedure provides instructions for setting minimum cooling air volume rate for ducted two-capacity coil-only systems in section 3.1.4.2(c) of Appendix M and Appendix M1. However, such instructions are not provided for testing variable-speed outdoor units paired with coil-only indoor units. Goodman seeks to use an alternate test procedure that provides instructions for setting air volume rates for all required tests to rate and test the basic models 7 listed in its petition. Goodman also requests an interim waiver from the existing DOE test procedure. DOE will grant an interim waiver if it appears likely that the petition for waiver will be granted, and/ or if DOE determines that it would be desirable for public policy reasons to grant immediate relief pending a determination of the petition for waiver. 10 CFR 430.27(e)(2). Based on the assertions in the petition, absent an interim waiver, the specified variable-speed coil-only single-split models that are subject of the waiver cannot be tested under the existing test procedure because Appendix M1 in advance of that date to ensure compliance beginning on that future date. 7 In Goodman’s initial petition (EERE–2021–BT– WAV–0001–0001), three basic model numbers were identified. In an email received January 19, 2021 (EERE–2021–BT–WAV–0001–0002), Goodman clarified that one basic model number was listed in error, and that only two basic models are the subject of their petition. In an email received January 27, 2021 (EERE–2021–BT–WAV–0001–0003), Goodman clarified that they had made an error in listing the basic model numbers subject to their petition, and that there are 14 basic model numbers to which their petition applies. In an email received on March 30, 2021 (EERE–2021–BT–WAV–0001– 0004), Goodman clarified another error in their 14 basic model numbers, which included wildcard characters. Goodman corrected their petition to list 28 basic model numbers without any wildcards. E:\FR\FM\28JYN1.SGM 28JYN1 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices Appendix M (and Appendix M1) does not include provisions for determining certain air volume rates for variablespeed coil-only single-split systems. 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 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. In its petition, Goodman notes that DOE has granted waivers to GD Midea Heating & Ventilating Equipment Co., Ltd. (‘‘GD Midea’’) and TCL air conditioner (zhongshan) Co. Ltd. (‘‘TCL AC’’) for variable-speed coil-only singlesplit systems. 83 FR 56065 (Nov. 9, 2018) and 84 FR 11941 (Mar. 29, 2019), respectively. The Midea and TCL waivers require use of an alternate test procedure that specifies the same air volume rate for all tests, consistent with the controls of the systems addressed in those waivers, which do not have the provision for control signals to vary indoor fan speed. In contrast, Goodman states that its systems do have provisions for installing control components that can select lower indoor fan speed when the outdoor unit compressor is not running at full speed. As described by Goodman, the control takes advantage of the fact that nearly all central air-conditioning and heating system indoor fans have multiple speeds. The alternate test procedure requested by Goodman would specify lower airflow rates for certain tests. This parallels the test procedure approach for ducted two-stage coil-only systems.8 In its petition, Goodman requests that it be allowed to use a similar alternate test procedure as that granted to GD Midea and TCL AC, but Goodman’s alternate test procedure would be different in that it would utilize the procedures for ducted two-stage coilonly systems and use the cooling minimum air volume rate as determined in section 3.1.4.2.c of Appendix M and Appendix M1 for the cooling minimum, heating minimum, cooling intermediate, and heating intermediate test conditions. In the alternate test procedure requested by Goodman, the cooling minimum air volume rate is the higher of either the rate specified by the instructions included with the unit or 75% of the cooling full-load air volume rate. All other requirements of Appendix M (and Appendix M1) remain identical. IV. Interim Waiver Order DOE has reviewed Goodman’s application for an interim waiver, the alternate test procedure requested by Goodman, publicly available specification sheets and installation manuals, and the additional materials Goodman provided in support of its petition. Goodman’s alternate test procedure proposes for its variable- Basic model No. DX17VSS181BA .................................................................................................... DX17VSS241AA .................................................................................................... DX17VSS241BA .................................................................................................... khammond on DSKJM1Z7X2PROD with NOTICES DX17VSS301AA .................................................................................................... DX17VSS301BA .................................................................................................... DX17VSS361AA .................................................................................................... 8 Section 3.1.4.2.c of Appendix M, and section 3.1.4.2.c of Appendix M1, which becomes the appropriate test procedure on or after January 1, 2023. VerDate Sep<11>2014 17:16 Jul 27, 2021 Jkt 253001 speed coil-only systems to be tested using a minimum air volume rate that is determined using the same procedures as for ducted two-capacity coil-only units. DOE does not expect that there would be any differences in the typical installation scenarios for two-capacity or variable-speed coil-only systems, i.e., the typical control wiring for a furnace fan paired with a coil-only indoor unit would enable two stages of fan control, regardless of the number of compressor stages. Therefore, DOE agrees with aligning the minimum air volume rate between two-capacity and variable-speed coil-only indoor units and believes that the proposed alternate test procedure is appropriate for use with the models listed in Goodman’s petition. Based on DOE’s review, the alternate test procedure appears to allow for the accurate measurement of the energy efficiency of the products specified in Goodman’s petition, while alleviating the testing problems associated with Goodman’s testing for these basic models. Consequently, it appears likely that Goodman’s petition for waiver will be granted. Furthermore, DOE has determined that it is desirable for public policy reasons to grant Goodman immediate relief pending a determination of the petition for waiver. For the reasons stated, it is ordered that: (1) Goodman must test and rate the following Daikin brand single-split central air conditioner and heat pump (‘‘CAC and HP’’) basic models, which are comprised of the individual combinations listed below,9 using the alternate test procedure set forth in paragraph (2). Brand DX17VSS181AA .................................................................................................... Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 Outdoor unit ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ 9 The specified basic models contain individual combinations, which do not specify a particular air mover, and that each consist of an outdoor unit that 40537 DX17VSS181AA DX17VSS181AA DX17VSS181BA DX17VSS181BA DX17VSS241AA DX17VSS241AA DX17VSS241AA DX17VSS241AA DX17VSS241BA DX17VSS241BA DX17VSS241BA DX17VSS241BA DX17VSS301AA DX17VSS301AA DX17VSS301AA DX17VSS301BA DX17VSS301BA DX17VSS301BA DX17VSS361AA DX17VSS361AA Indoor unit ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ CAPEA1818*4* CHPE2430B4* CAPEA1818*4* CHPE2430B4* CAPEA1818*4* CAPEA2422*4* CHPE3636B4* CHPE3642C4* CAPEA1818*4* CAPEA2422*4* CHPE3636B4* CHPE3642C4* CAPEA2422*4* CHPE3636B4* CHPE3642C4* CAPEA2422*4* CHPE3636B4* CHPE3642C4* CAPEA3026*4* CHPE3636B4* uses a variable speed compressor matched with a coil-only indoor unit. E:\FR\FM\28JYN1.SGM 28JYN1 40538 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices Basic model No. Brand DX17VSS361BA .................................................................................................... DX17VSS421AA .................................................................................................... DX17VSS421BA .................................................................................................... DX17VS481AA ...................................................................................................... DX17VSS481BA .................................................................................................... DX17VSS601AA .................................................................................................... DX17VSS601BA .................................................................................................... DZ17VSA181AA .................................................................................................... DZ17VSA181BA .................................................................................................... DZ17VSA241AA .................................................................................................... DZ17VSA241BA .................................................................................................... DZ17VSA301AA .................................................................................................... DZ17VSA301BA .................................................................................................... DZ17VSA361AA .................................................................................................... DZ17VSA361BA .................................................................................................... DZ17VSA421AA .................................................................................................... DZ17VSA421BA .................................................................................................... DZ17VSA481AA .................................................................................................... khammond on DSKJM1Z7X2PROD with NOTICES DZ17VSA481BA .................................................................................................... DZ17VSA601AA .................................................................................................... DZ17VSA601BA .................................................................................................... (2) The alternate test procedure for the Goodman basic models identified in VerDate Sep<11>2014 17:16 Jul 27, 2021 Jkt 253001 Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ............... ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ ................ paragraph (1) of this Interim Waiver Order is the test procedure for CACs and PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 Outdoor unit DX17VSS361AA DX17VSS361AA DX17VSS361BA DX17VSS361BA DX17VSS361BA DX17VSS361BA DX17VSS421AA DX17VSS421AA DX17VSS421AA DX17VSS421BA DX17VSS421BA DX17VSS421BA DX17VSS481AA DX17VSS481AA DX17VSS481AA DX17VSS481AA DX17VSS481BA DX17VSS481BA DX17VSS481BA DX17VSS481BA DX17VSS601AA DX17VSS601AA DX17VSS601BA DX17VSS601BA DZ17VSA181AA DZ17VSA181AA DZ17VSA181BA DZ17VSA181BA DZ17VSA241AA DZ17VSA241AA DZ17VSA241AA DZ17VSA241AA DZ17VSA241BA DZ17VSA241BA DZ17VSA241BA DZ17VSA241BA DZ17VSA301AA DZ17VSA301AA DZ17VSA301AA DZ17VSA301BA DZ17VSA301BA DZ17VSA301BA DZ17VSA361AA DZ17VSA361AA DZ17VSA361AA DZ17VSA361AA DZ17VSA361BA DZ17VSA361BA DZ17VSA361BA DZ17VSA361BA DZ17VSA421AA DZ17VSA421AA DZ17VSA421AA DZ17VSA421BA DZ17VSA421BA DZ17VSA421BA DZ17VSA481AA DZ17VSA481AA DZ17VSA481AA DZ17VSA481AA DZ17VSA481BA DZ17VSA481BA DZ17VSA481BA DZ17VSA481BA DZ17VSA601AA DZ17VSA601AA DZ17VSA601BA DZ17VSA601BA Indoor unit ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ ........ CHPE3743C4* CHPE3743D4* CAPEA3026*4* CHPE3636B4* CHPE3743C4* CHPE3743D4* CAPE4860*4* CHPE3743C4* CHPE3743D4* CAPE4860*4* CHPE3743C4* CHPE3743D4* CAPE4860*4* CAPE4961*4* CHPE3743C4* CHPE4860D4* CAPE4860*4* CAPE4961*4* CHPE3743C4* CHPE4860D4* CAPE4961*4* CHPE4860D4* CAPE4961*4* CHPE4860D4* CAPEA1818*4* CHPEA2430B4* CAPEA1818*4* CHPEA2430B4* CAPEA1818*4* CAPEA2422*4* CHPEA3636B4* CHPEA3642C4* CAPEA1818*4* CAPEA2422*4* CHPEA3636B4* CHPEA3642C4* CAPEA2422*4* CHPEA3636B4* CHPEA3642C4* CAPEA2422*4* CHPEA3636B4* CHPEA3642C4* CAPEA3026*4* CHPEA3636B4* CHPEA3743C4* CHPEA3743D4* CAPEA3026*4* CHPEA3636B4* CHPEA3743C4* CHPEA3743D4* CAPEA4860*4* CHPEA3743C4* CHPEA3743D4* CAPEA4860*4* CHPEA3743C4* CHPEA3743D4* CAPEA4860*4* CAPEA4961*4* CHPEA3743C4* CHPEA4860D4* CAPEA4860*4* CAPEA4961*4* CHPEA3743C4* CHPEA4860D4* CAPEA4961*4* CHPEA4860D4* CAPEA4961*4* CHPEA4860D4* HPs prescribed by DOE at 10 CFR part 430, subpart B, appendix M (‘‘Appendix E:\FR\FM\28JYN1.SGM 28JYN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices M’’) and, for representations made on and after January 1, 2023, at 10 CFR part 430, subpart B, appendix M1 (‘‘Appendix M1’’), except that for coilonly combinations: In 3.1.4.2., Cooling Minimum Air Volume Rate, include: f. For ducted variable-speed compressor systems tested with a coilonly indoor unit, the cooling minimum air volume rate is the higher of (1) the rate specified by the installation instructions included with the unit by the manufacturer or (2) 75 percent of the cooling full-load air volume rate. During the laboratory tests on a coil-only (fanless) system, obtain this cooling minimum air volume rate regardless of the pressure drop across the indoor coil assembly. In 3.1.4.3., Cooling Intermediate Air Volume Rate, include: d. For ducted variable-speed compressor systems tested with a coilonly indoor unit, the cooling intermediate air volume rate is the same as the cooling minimum air volume rate determined in section 3.1.4.2.f, without regard to the pressure drop across the indoor coil assembly. In 3.1.4.6., Heating Intermediate Air Volume Rate (limited to ducted coilonly variable-speed heat pumps), include: d. For ducted variable-speed compressor systems tested with a coilonly indoor unit, use the heating minimum air volume rate as determined in section 3.1.4.5.1.a.(3), without regard to the pressure drop across the indoor coil assembly. The cooling minimum, cooling intermediate, heating minimum, and heating intermediate air volume rates are all identical under these provisions. All other requirements of Appendix M and Appendix M1 remain applicable. (3) Representations. Goodman may not make representations about efficiency of the basic models listed in paragraph (1) 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, and documentary materials provided by Goodman are valid. If Goodman makes any modifications to the controls or configurations of a basic model subject to this Interim Waiver Order, such modifications will render the waiver VerDate Sep<11>2014 17:16 Jul 27, 2021 Jkt 253001 invalid with respect to that basic model, and Goodman will either 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 Interim Waiver Order at any time if it determines the factual basis underlying the petition for Interim Waiver Order is incorrect, or the results from the alternate test procedure are unrepresentative of a basic models’ true energy consumption characteristics. 10 CFR 430.27(k)(1). Likewise, Goodman may request that DOE rescind or modify the Interim Waiver Order if Goodman discovers an error in the information provided to DOE as part of its petition, determines that the Interim Waiver Order is no longer needed, or for other appropriate reasons. 10 CFR 430.27(k)(2). (6) Issuance of this Interim Waiver Order does not release Goodman 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 may be manufactured by the petitioner. Goodman may submit a new or amended petition for waiver and request for grant of interim waiver, as appropriate, for additional basic models of CACs and HPs. Alternatively, if appropriate, Goodman 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 July 22, 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. PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 40539 Signed in Washington, DC, on July 23, 2021. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. *** Public Version *** SUBMITTED VIA EMAIL to AS_ Waiver_Requests@ee.doe.gov January 7, 2021 U.S. Department of Energy Building Technologies Program Test Procedure Waiver 1000 Independence Avenue SW, Mailstop EE–5B Washington, DC 20585–0121 Re: Petition for Waiver and Interim Waiver on Test Procedure for Certain Variable-Speed Central Air Conditioners Dear Sir/Ms.: Goodman Manufacturing Company, L.P. (‘‘Goodman’’) respectfully submits petitions for waiver and interim waiver to the Department of Energy (‘‘DOE’’) from certain provisions in the current federal test procedure for central air conditioners and heat pumps in Appendix M to Subpart B of 10 CFR part 430 (‘‘Appendix M’’) applicable until January 1, 2023, and the future test procedure set forth in Appendix M1 to Subpart B of 10 CFR part 430 (‘‘Appendix M1’’) and applicable on or after January 1, 2023, specifically for ducted coil-only variable-speed singlesplit system central air conditioners (‘‘VSAC’’) and variable-speed singlesplit system heat pumps (‘‘VSHP’’). Goodman is a member of Daikin Group, one of the largest heating, ventilation and air conditioning (‘‘HVAC’’) manufacturers in the world. Goodman is headquartered in Houston, Texas, and employs thousands of workers across the United States. The company manufactures residential and light commercial heating and cooling equipment, and its products are sold and installed by contractors in every American state. I. Introduction While the federal test procedures in Appendix M and Appendix M1 specify tests for variable- speed systems, provisions specific to testing ducted coil-only VSACs and VSHPs do not exist in the test procedure. As explained further below, Goodman is seeking a waiver and an interim waiver from the federal test procedure to allow for testing and representations of performance metrics for certain ducted coil-only VSACs and VSHPs. Goodman’s petition is consistent with previous DOE Decisions and Orders that granted waivers to other manufacturers E:\FR\FM\28JYN1.SGM 28JYN1 40540 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices from specified portions of the DOE test procedure for determining the energy efficiency of central air conditioners and heat pumps.1 Goodman is asking the DOE to approve a proposed alternate test procedure that differs only slightly from the alternate test procedure DOE previously approved for other manufacturers. The difference is rather than using the full-load air volume rate for all tests, Goodman proposes to use the minimum air volume rate for intermediate and minimum speed tests, which aligns with the process in Appendix M and Appendix M1 for ducted two-stage coil-only systems.2 Our request would utilize the cooling minimum air volume rate for cooling intermediate and cooling minimum tests. Further, in lieu of using the heating full-load air volume rate for the heating intermediate air volume rate, Goodman proposes to use the heating minimum air volume rate for ducted two-stage coil-only systems determined in section 3.1.4.5.1.a.(3). of the current federal test procedure. Additional details about Goodman’s proposed alternate test procedure are provided in Section V of this petition. Some information provided is confidential business information (‘‘CBI’’), therefore in accordance with 10 CFR 1004.11, we are submitting one copy of this petition with CBI information redacted. CBI information is indicated by being enclosed in square brackets, ‘‘[‘‘and’’]’’. II. Particular Basic Models for Which Goodman Requests a Waiver and Interim Waiver As required by 10 CFR 430.27(b)(i), Goodman is providing, in Appendix I of this petition, a list of the basic models for which Goodman requests a waiver from the test procedure. Each indoor unit is equipped with an electronic expansion valve. As a result, both the outdoor unit and indoor coil will communicate with each other to control superheat and subcooling. Our system control has an output that allows for a standard single-pole double-throw relay (‘‘SPDT’’) to be field installed to control indoor fan speed.3 For conditions other than full-load, lowering the air volume rate from full-load to a lesser quantity provides benefits to the consumer by helping to maintain humidity control, providing more comfortable discharge air temperatures and reducing indoor fan energy consumption. Therefore, allowing differing airflows during the test will result in a better representation of the unit’s actual performance for consumers and further DOE’s goal under EPCA of more accurate testing. III. List of Manufacturers As required by 10 CFR 430.27(b)(ii), Goodman is providing, in Appendix II of this petition, a list of manufacturers of all other basic models distributed in commerce in the United States and known to Goodman to incorporate design characteristic(s) similar to those found in the basic models that are the subject of the petition. IV. Grounds for Petition of Waiver Goodman notes that the federal test procedures in Appendix M and Appendix M1 do not include provisions to determine the following cooling air volume rates for ducted coil-only VSACs and VSHPs: Cooling minimum, cooling intermediate, and heating intermediate (limited to ducted coilonly VSHPs). Specifically, sections 3.1.4.2 on cooling minimum air volume rate, 3.1.4.3 on cooling intermediate air volume rate, and 3.1.4.6 on heating intermediate air volume rate in Appendix M and Appendix M1 do not include adequate procedures for testing ducted coil-only VSACs/VSHPs. However, determination of these cooling/heating air volume rates is essential to establishing performance metrics, determining and certifying compliance in accordance with DOE’s current requirements.4 Although a coilonly represented value is not prohibited for ducted coil-only VSACs and VSHPs under 10 CFR 429.16(a) and the scopes of both Appendix M and Appendix M1 include such systems, the lack of coverage within the current test procedure to determine the cooling and heating air volume rates for such systems makes it impossible to make appropriate representations of performance metrics for these systems.5 As described generally above, our VSACs and VSHPs, if used in a coilonly application, have design characteristics for which the Appendix M and Appendix M1 test procedures cannot accurately represent their true energy consumption. Therefore, using the current test procedures without a waiver would result in materially inaccurate comparative data. 10 CFR 429.27(a)(1) and 10 CFR 429.27(f)(2). The remainder of this section describes in detail the design characteristics that form the basis for our request for waiver and interim waiver. The basic models for which we request a test procedure waiver and interim waiver will require the use of [REDACTED] For these reasons, specifying Cooling Minimum Airflow Rate or Heating Minimum Airflow Rate, as appropriate for the cooling or heating intermediate and minimum tests, will ensure that the test procedure matches the true operation, and therefore the true energy consumption, of our systems when installed in a consumer’s home. 1 See e.g., TCL AC (Case No. 2018–009, Docket EERE–2018–BT–WAV–0013, granted 3/29/19, published 84FR11941) and GD Midea (Case No. 2017–013, Docket EERE–2017–BT–WAV–0060, granted 11/09/18, published 83FR56065). 2 Section 3.1.4.2.c. of Appendix M prior to January 1, 2023, and Section 3.1.4.2.c. of Appendix M1 on or after January 1, 2023. 3 The installer would supply a SPDT relay to control the fan speed of the existing furnace. This is the same scheme used to change fan speed for two-stage systems today that is covered in today’s VerDate Sep<11>2014 17:16 Jul 27, 2021 Jkt 253001 DOE test procedure for those products. For twostage systems, the installer will use a 24-volt signal from the room thermostat (either Y1 or Y2) to apply to the coil of the SPDT relay, which switches the fan speed as needed. For Goodman’s variable speed applications, the installer will use the 24-volt signal from the electronic expansion valves in both the outdoor and indoor units. 4 Energy conservation standards in 10 CFR part 430.32(c) and certification and compliance in accordance with 10 CFR part 429. PO 00000 Frm 00097 Fmt 4703 Sfmt 4725 5 Table 8 in Appendix M to Subpart B of 10 CFR part 430 specifies cooling mode test conditions for units having a variable-speed compressor, and these tests cannot be appropriately conducted without clear provisions pertaining to the three separate cooling air volume rates. Table 14 in Appendix M to Subpart B of 10 CFR part 430 specifies heating mode test conditions for units having a variablespeed compressor, and these tests cannot be appropriately conducted without clear provisions pertaining to the three separate heating air volume rates. E:\FR\FM\28JYN1.SGM 28JYN1 EN28JY21.014</GPH> khammond on DSKJM1Z7X2PROD with NOTICES Figure 2. DOE Formula for Intermediate Compressor Speed Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES [Redacted] Just as with any new air conditioner or heat pump installation using an existing furnace 8 the contractor who installs one of our VSAC or VSHP will need to determine the appropriate speed tap(s) of the existing furnace blower to connect to the furnace control. The airflow rates at which our systems will have certified performance will be published in both our technical literature and on the AHRI Directory of Certified Product Performance.9 Many existing furnaces with permanent split capacitor (‘‘PSC’’) motors, which is presently most of the installation base, typically have four or five speed taps for the motors. Many furnaces Goodman manufactured for years 10 had PSC motors with speed taps for ‘‘hi,’’ ‘‘med,’’ ‘‘med-low’’ and ‘‘low’’ airflow rates. For ‘‘high stage’’ cooling/ heating operation, most field applications of single-stage or two-stage air conditioners or heat pumps would use one of the higher speed taps (such as ‘‘hi’’ or ‘‘med’’). For application of our variable speed air conditioners or heat pumps, we would recommend using the same speed tap for the higher airflow as would be used for ‘‘high stage’’ of a two-stage unit or for singlestage. For ‘‘low stage’’ cooling/heating operation, most field applications of two-stage units would use the lowest or second lowest of the speed taps (such as ‘‘low’’ or ‘‘med-low’’). For application of our variable speed air conditioners or heat pumps, we would recommend using the same speed tap for the lower airflow as would be used for ‘‘low stage’’ of a two-stage unit. This concludes the description of the design characteristics of our VSACs and VSHPs which render the current Appendix M and Appendix M1 test procedures incapable of providing accurate and representative measures of their true energy consumption. The next section provides our suggested modifications to Appendix M and Appendix M1 that will provide accurate and representative test data for our VSAC and VSHP. V. Proposed Alternate Test Procedures As required by 10 CFR 430.27(b)(iii), Goodman is providing the proposed revisions below to Appendix M and Appendix M1 as the alternative to evaluate the performance of the basic 8 Regardless of whether the new air conditioner or heat pump is single-stage or two-stage. 9 https://www.ahridirectory.org/Search/ SearchHome. 10 Prior to Fan Energy Rating (‘‘FER’’) rule that went into effect 7/3/2019. VerDate Sep<11>2014 17:16 Jul 27, 2021 Jkt 253001 models listed in Appendix I of this petition. The alternate test procedures for the Goodman basic models identified in Appendix I of this petition are identical to the test procedures prescribed in Appendix M and Appendix M1. The exception is as described below, for coil-only combinations, the cooling minimum air volume rate as determined in section 3.1.4.2.c. of Appendix M and Appendix M1 shall be used as the cooling intermediate and cooling minimum air volume rates. The heating minimum air volume rate as determined in section 3.1.4.5.1.a.(3). of both Appendix M and Appendix M1 shall also be used as the heating intermediate air volume rate.11 All other requirements of Appendix M and Appendix M1 remain identical. In 3.1.4.2, Cooling Minimum Air Volume Rate, include the following: f. For ducted variable-speed compressor systems tested with a coilonly indoor unit, the cooling minimum air volume rate is the higher of (1) the rate specified by the installation instructions included with the unit by the manufacturer or (2) 75 percent of the cooling full-load air volume rate. During the laboratory tests on a coil-only (fanless) system, obtain this cooling minimum air volume rate regardless of the pressure drop across the indoor coil assembly. In 3.1.4.3, Cooling Intermediate Air Volume Rate, include the following: d. For ducted variable-speed compressor systems tested with a coilonly indoor unit, use the cooling minimum air volume rate as determined in 3.1.4.2(f), without regard to the pressure drop across the indoor coil assembly. In 3.1.4.6, Heating Intermediate Air Volume Rate (limited to ducted coilonly VSHPs), include the following: d. For ducted variable-speed compressor systems tested with a coilonly indoor unit, use the heating minimum air volume rate as determined in 3.1.4.5.1.a.(3), without regard to the pressure drop across the indoor coil assembly. No alternate test procedure is being proposed for Cooling Full-load Air Volume Rate, Heating Minimum Air Volume Rate (limited to ducted coilonly VSHPs), and Heating Full-Load Air Volume Rate (limited to ducted coilonly VSHPs). Cooling Full-load Air Volume Rate will be determined using section 3.1.4.1.1.c. of the federal test 11 Note that provisions in section 3.1.4.5.2.d. specific to ducted two-stage coil-only system northern heat pumps and ducted two-stage heatingonly coil-only system heat pumps do not apply to the basic models addressed in this petition. PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 40541 procedures set forth in Appendix M and M1. Heating Minimum Air Volume Rate will be determined using section 3.1.4.5.1.a.(3) of the federal test procedures set forth in Appendix M and M1. Heating Full-load Air Volume Rate will be determined using section 3.1.4.4.1.a.(3) of the federal test procedures set forth in Appendix M and M1. VI. Petition for Interim Waiver Pursuant to 10 CFR part 430.27(b)(2), Goodman also hereby applies for an interim waiver of the applicable test procedure requirements for the basic models listed in Appendix I of this petition. Goodman believes the petition for waiver is likely to be granted, as evidenced in Section I and Section IV of this document. Without waiver relief, Goodman would be subject to requirements under the current federal test procedure that would render it impossible for Goodman to make appropriate representations of performance metrics for the basic models listed in Appendix I of this petition, thereby precluding Goodman from distributing these basic models into commerce and limiting consumer choice and competition. Goodman respectfully requests DOE to consider this public policy aspect and grant immediate relief pending a determination on the petition for waiver, while also accounting for any similar decisions made in the past for other manufacturers on the same matter. Additionally, Goodman is likely to suffer economic hardship and a competitive disadvantage if DOE does not grant its interim waiver request. Absent an interim waiver, the basic models listed in Appendix I of this petition will continue to remain disadvantaged in the marketplace relative to other products. If Goodman must wait for completion of the waiver consideration and issuance process, it may well be forced to delay the opportunity to offer high efficiency, energy saving VSAC and VSHP models to U.S. consumers, as well as delay recouping production and marketing costs associated with introducing the basic models via product sales into the U.S. market. VII. Concluding Remarks Goodman respectfully requests that DOE grant its petitions for waiver and interim waiver of the applicable test procedure for the specified basic models. Goodman requests expedited treatment of both the petitions and is willing to provide promptly any additional information DOE requires to E:\FR\FM\28JYN1.SGM 28JYN1 40542 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices act expeditiously, as receipt of the waivers will facilitate Goodman’s timely production of the applicable models for the upcoming cooling season. If you have any questions regarding Goodman’s petitions for waiver and interim waiver, please do not hesitate to contact myself or Rusty Tharp, Senior Manufacturer (outdoor unit or package unit) Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. Manufacturer (indoor unit) Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. khammond on DSKJM1Z7X2PROD with NOTICES The waiver and interim waiver requests apply to the following basic models. Note that for all coil-only systems, there is no indoor unit with fan. Basic model No. (No. unique to the basic model) Individual model No. covered by basic model (outdoor unit or package unit) Individual model No. (indoor unit), if applicable Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin Daikin DX17VSS181* ...................... DX17VSS181* DX17VSS181* DX17VSS241* DX17VSS241* DX17VSS241* DX17VSS241* DX17VSS301* DX17VSS301* DX17VSS301* DX17VSS361* DX17VSS361* DX17VSS361* DX17VSS361* DX17VSS421* DX17VSS421* DX17VSS421* DX17VSS481* DX17VSS481* DX17VSS481* DX17VSS481* DX17VSS601* DX17VSS601* DZ17VSA181* DZ17VSA181* DZ17VSA241* DZ17VSA241* DZ17VSA241* DZ17VSA241* DZ17VSA301* DZ17VSA301* DZ17VSA301* DZ17VSA361* DZ17VSA361* DZ17VSA361* DZ17VSA361* DZ17VSA421* DZ17VSA421* DZ17VSA421* DZ17VSA481* DZ17VSA481* DZ17VSA481* DZ17VSA481* DZ17VSA601* DZ17VSA601* CAPEA1818*4* CHPE2430B4* CAPEA1818*4* CAPEA2422*4* CHPE3636B4* CHPE3642C4* CAPEA2422*4* CHPE3636B4* CHPE3642C4* CAPEA3026*4* CHPE3636B4* CHPE3743C4* CHPE3743D4* CAPE4860*4* CHPE3743C4* CHPE3743D4* CAPE4860*4* CAPE4961*4* CHPE3743C4* CHPE4860D4* CAPE4961*4* CHPE4860D4* CAPEA1818*4* CHPEA2430B4* CAPEA1818*4* CAPEA2422*4* CHPEA3636B4* CHPEA3642C4* CAPEA2422*4* CHPEA3636B4* CHPEA3642C4* CAPEA3026*4* CHPEA3636B4* CHPEA3743C4* CHPEA3743D4* CAPEA4860*4* CHPEA3743C4* CHPEA3743D4* CAPEA4860*4* CAPEA4961*4* CHPEA3743C4* CHPEA4860D4* CAPEA4961*4* CHPEA4860D4* ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. The following are manufacturers of all other basic models distributed in commerce in the United States and known to Goodman to incorporate design characteristics similar to those found in the basic models that are the subject of the petition for waiver and interim waiver: • Aaon, Inc. • Advanced Distributor Products, LLC 17:16 Jul 27, 2021 Sincerely, /s/ Sukru Erisgen Vice President of Engineering, Tel: 713/861– 2500, Email: sukru.erisgen@goodmanmfg.com Appendix I Brand name(s) Appendix II VerDate Sep<11>2014 Director of Regulatory Affairs (713/263– 5906 or rusty.tharp@goodmanmfg.com). Jkt 253001 • • • • • • • • • • • • • PO 00000 DX17VSS241* ...................... DX17VSS301* ...................... DX17VSS361* ...................... DX17VSS421* ...................... DX17VSS481* ...................... DX17VSS601* ...................... DZ17VSA181* ...................... DZ17VSA241* ...................... DZ17VSA301* ...................... DZ17VSA361* ...................... DZ17VSA421* ...................... DZ17VSA481* ...................... DZ17VSA601* ...................... Allied Air Enterprises, LLC Allstyle Coil Company, LP Aspen Manufacturing, LLC Bosch Thermotechnology Corp Carrier Corporation ECR International Fujitsu General America, Inc. GD Midea Heating & Ventilating Equipment Co., Ltd. Johnson Controls, Inc. Lennox International Inc. LG Electronics U.S.A., Inc. Mitsubishi Electric Cooling & Heating Mortex Products, Inc. Frm 00099 Fmt 4703 Sfmt 4703 ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... • • • • • • National Comfort Products Nortek Global HVAC, LLC Rheem Manufacturing Company Samsung Electronics Co. Ltd. Trane Technologies TCL air conditioner (zhongshan) Co., Ltd. • Unico, Inc. [FR Doc. 2021–16021 Filed 7–27–21; 8:45 am] BILLING CODE 6450–01–P E:\FR\FM\28JYN1.SGM 28JYN1

Agencies

[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Notices]
[Pages 40534-40542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16021]


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

DEPARTMENT OF ENERGY

[Case Number 2021-001; EERE-2021-BT-WAV-0001]


Energy Conservation Program: Notification of Petition for Waiver 
of Goodman Manufacturing Company, L.P. From the Department of Energy 
Central Air Conditioners and Heat Pumps 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 Goodman Manufacturing 
Company, L.P. (``Goodman'') which seeks a waiver from the U.S. 
Department of Energy (``DOE'') test procedure used for determining the 
efficiency of specified central air conditioner (``CAC'') and heat pump 
(``HP'') basic models. DOE also gives notification of an Interim Waiver 
Order that requires Goodman to test and rate specified CAC and HP basic 
models in accordance with the alternate test procedure set forth in the 
Interim Waiver Order. DOE solicits comments, data, and information 
concerning Goodman's petition and its suggested alternate test 
procedure to inform DOE's final decision on Goodman's waiver request.

DATES: The Interim Waiver Order is effective on July 28, 2021. Written 
comments and information are requested and will be accepted on or 
before August 27, 2021.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at https://www.regulations.gov. Follow 
the instructions for submitting comments. Alternatively, interested 
persons may submit comments by email to the following address: 
[email protected]. Include case number ``2021-001'' and 
Docket number ``EERE-2021-BT-WAV-0001'' in the subject line of the 
message. Submit electronic comments in WordPerfect, Microsoft Word, 
PDF, or ASCII file format, and avoid the use of special characters or 
any form of encryption.
    Although DOE has routinely accepted public comment submissions 
through a variety of mechanisms, including postal mail and hand 
delivery/courier, the Department has found it necessary to make 
temporary modifications to the comment submission process in light of 
the ongoing coronavirus disease 2019 (``COVID-19'') pandemic. DOE is 
currently accepting only electronic submissions at this time. 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.
    No telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see the SUPPLEMENTARY INFORMATION section of this document.
    Docket: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at https://www.regulations.gov. All documents in the docket are 
listed in the https://www.regulations.gov index. However, some 
documents listed in the index, such as those containing information 
that is exempt from public disclosure, may not be publicly available.
    The docket web page can be found https://www.regulations.gov/docket?D= EERE-2021-BT-WAV-0001. 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].

[[Page 40535]]

    Mr. Pete Cochran, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue 
SW, Washington, DC 20585-0103. Telephone: (202) 586-9496. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: DOE is publishing Goodman's petition for 
waiver in its entirety, pursuant to 10 CFR 430.27(b)(1)(iv),\1\ absent 
any information for which petitioner requested treatment as 
confidential business information. DOE invites all interested parties 
to submit in writing by August 27, 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 Rusty Tharp, 
[email protected], Goodman Manufacturing Company, L.P. 19001 
Kermier Road, Waller, TX 77484.
---------------------------------------------------------------------------

    \1\ On December 11, 2020, DOE published an amendment to the 
waiver petition regulation at 10 CFR 430.27, which became effective 
beginning January 11, 2021. The Goodman petition was received prior 
to the effective date of that amendment and therefore is being 
processed pursuant to the regulation in effect at the time of 
receipt. References to 10 CFR 430.27 in this notification refer to 
the 10 CFR 430.27 in the 10 CFR parts 200 to 499 edition revised as 
of January 1, 2021.
---------------------------------------------------------------------------

    Submitting comments via https://www.regulations.gov. The https://www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to https://www.regulations.gov information for which 
disclosure is restricted by statute, 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 will also 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. No facsimiles (faxes) will be 
accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email 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 2021-001

Interim Waiver Order

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\2\ 
among other things, authorizes the U.S. Department of Energy (``DOE'') 
to regulate the energy efficiency of a number of consumer products and 
industrial equipment. Title III, Part B \3\ of EPCA established the 
Energy Conservation Program for Consumer Products Other Than 
Automobiles, which sets forth a variety of provisions designed to 
improve energy efficiency for certain types of consumer products. These 
products include central air conditioners and central air conditioning 
heat pumps (``CACs'' and ``HPs''), the subject of this Interim Waiver 
Order. (42 U.S.C. 6292(a)(3))
---------------------------------------------------------------------------

    \2\ 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).
    \3\ 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

[[Page 40536]]

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 covered 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 current test procedure for CACs and HPs is contained in 
the Code of Federal Regulations (``CFR'') at 10 CFR part 430, subpart 
B, appendix M, Uniform Test Method for Measuring the Energy Consumption 
of Central Air Conditioners and Heat Pumps (``Appendix M''). Beginning 
January 1, 2023, any representations made with respect to the energy 
use, power, or efficiency of CACs and HPs must be based on the results 
of testing pursuant to 10 CFR part 430, subpart B, appendix M1, Uniform 
Test Method for Measuring the Energy Consumption of Central Air 
Conditioners and Heat Pumps (``Appendix M1'').
    Under 10 CFR 430.27,\4\ 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).
---------------------------------------------------------------------------

    \4\ On December 11, 2020, DOE published an amendment to the 
waiver petition regulation at 10 CFR 430.27, which became effective 
beginning January 11, 2021. The Goodman petition was received prior 
to the effective date of the amendment and therefore is being 
processed pursuant to the regulation in effect at the time of 
receipt. References to 10 CFR 430.27 in this notification refer to 
the 10 CFR 430.27 in the 10 CFR parts 200 to 499 edition revised as 
of January 1, 2021.
---------------------------------------------------------------------------

    As soon as practicable after the granting of any waiver, DOE will 
publish in the Federal Register a notice of proposed rulemaking to 
amend its regulations so as to eliminate any need for the continuation 
of such waiver. 10 CFR 430.27(l). As soon thereafter as practicable, 
DOE will publish in the Federal Register a final rule. Id.
    The waiver process also provides that DOE may grant an interim 
waiver if it appears likely that the underlying petition for waiver 
will be granted and/or if DOE determines that it would be desirable for 
public policy reasons to grant immediate relief pending a determination 
on the underlying petition for waiver. 10 CFR 430.27(e)(2). Within one 
year of issuance of an interim waiver, DOE will either: (i) Publish in 
the Federal Register a determination on the petition for waiver; or 
(ii) publish in the Federal Register a new or amended test procedure 
that addresses the issues presented in the waiver. 10 CFR 430.27(h)(1). 
When DOE amends the test procedure to address the issues presented in a 
waiver, the waiver will automatically terminate on the date on which 
use of that test procedure is required to demonstrate compliance. 10 
CFR 430.27(h)(2).

II. Goodman's Petition for Waiver and Interim Waiver

    On January 8, 2021, Goodman filed a petition for waiver and interim 
waiver from the test procedure for CACs and HPs set forth in Appendix M 
and Appendix M1.\5\ Goodman stated that Appendix M and Appendix M1 \6\ 
do not include provisions for determining cooling intermediate air 
volume rate, cooling minimum air volume rate, and heating intermediate 
air volume rate for the variable-speed coil-only single-split systems 
specified in its petition. Goodman asserts that although the CAC and HP 
test procedures at Appendix M and Appendix M1 generally provide for 
testing of variable-speed systems, they do not provide for testing of 
variable-speed coil-only single-split systems. Coil-only indoor units 
are distributed in commerce without an indoor blower or separate 
designated air mover. Such systems would be installed either with an 
existing air mover (e.g., a furnace) or with a new air mover which is 
not designed by the manufacturer. The DOE test procedure provides 
instructions for setting airflow during testing to represent such 
indoor blowers or air movers. For example, the DOE test procedure 
provides instructions for setting minimum cooling air volume rate for 
ducted two-capacity coil-only systems in section 3.1.4.2(c) of Appendix 
M and Appendix M1. However, such instructions are not provided for 
testing variable-speed outdoor units paired with coil-only indoor 
units. Goodman seeks to use an alternate test procedure that provides 
instructions for setting air volume rates for all required tests to 
rate and test the basic models \7\ listed in its petition.
---------------------------------------------------------------------------

    \5\ The specific basic models for which the petition applies are 
28 Daikin basic models: DX17VSS181AA, DX17VSS181BA, DX17VSS241AA, 
DX17VSS241BA, DX17VSS301AA, DX17VSS301BA, DX17VSS361AA, 
DX17VSS361BA, DX17VSS421AA, DX17VSS421BA, DX17VSS481AA, 
DX17VSS481BA, DX17VSS601AA, DX17VSS601BA, DZ17VSA181AA, 
DZ17VSA181BA, DZ17VSA241AA, DZ17VSA241BA, DZ17VSA301AA, DZ17VSA301BA 
DZ17VSA361AA, DZ17VSA361BA, DZ17VSA421AA, DZ17VSA421BA, 
DZ17VSA481AA, DZ17VSA481BA, DZ17VSA601AA, and DZ17VSA601BA. These 
basic model names were provided by Goodman in its revised petition 
on March 30, 2021.
    \6\ As noted, Appendix M1 is not required until January 1, 2023. 
However, manufacturers may determine it necessary to conduct testing 
under Appendix M1 in advance of that date to ensure compliance 
beginning on that future date.
    \7\ In Goodman's initial petition (EERE-2021-BT-WAV-0001-0001), 
three basic model numbers were identified. In an email received 
January 19, 2021 (EERE-2021-BT-WAV-0001-0002), Goodman clarified 
that one basic model number was listed in error, and that only two 
basic models are the subject of their petition. In an email received 
January 27, 2021 (EERE-2021-BT-WAV-0001-0003), Goodman clarified 
that they had made an error in listing the basic model numbers 
subject to their petition, and that there are 14 basic model numbers 
to which their petition applies. In an email received on March 30, 
2021 (EERE-2021-BT-WAV-0001-0004), Goodman clarified another error 
in their 14 basic model numbers, which included wildcard characters. 
Goodman corrected their petition to list 28 basic model numbers 
without any wildcards.
---------------------------------------------------------------------------

    Goodman also requests an interim waiver from the existing DOE test 
procedure. DOE will grant an interim waiver if it appears likely that 
the petition for waiver will be granted, and/or if DOE determines that 
it would be desirable for public policy reasons to grant immediate 
relief pending a determination of the petition for waiver. 10 CFR 
430.27(e)(2).
    Based on the assertions in the petition, absent an interim waiver, 
the specified variable-speed coil-only single-split models that are 
subject of the waiver cannot be tested under the existing test 
procedure because

[[Page 40537]]

Appendix M (and Appendix M1) does not include provisions for 
determining certain air volume rates for variable-speed coil-only 
single-split systems.

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 
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.
    In its petition, Goodman notes that DOE has granted waivers to GD 
Midea Heating & Ventilating Equipment Co., Ltd. (``GD Midea'') and TCL 
air conditioner (zhongshan) Co. Ltd. (``TCL AC'') for variable-speed 
coil-only single-split systems. 83 FR 56065 (Nov. 9, 2018) and 84 FR 
11941 (Mar. 29, 2019), respectively. The Midea and TCL waivers require 
use of an alternate test procedure that specifies the same air volume 
rate for all tests, consistent with the controls of the systems 
addressed in those waivers, which do not have the provision for control 
signals to vary indoor fan speed. In contrast, Goodman states that its 
systems do have provisions for installing control components that can 
select lower indoor fan speed when the outdoor unit compressor is not 
running at full speed. As described by Goodman, the control takes 
advantage of the fact that nearly all central air-conditioning and 
heating system indoor fans have multiple speeds. The alternate test 
procedure requested by Goodman would specify lower airflow rates for 
certain tests. This parallels the test procedure approach for ducted 
two-stage coil-only systems.\8\
---------------------------------------------------------------------------

    \8\ Section 3.1.4.2.c of Appendix M, and section 3.1.4.2.c of 
Appendix M1, which becomes the appropriate test procedure on or 
after January 1, 2023.
---------------------------------------------------------------------------

    In its petition, Goodman requests that it be allowed to use a 
similar alternate test procedure as that granted to GD Midea and TCL 
AC, but Goodman's alternate test procedure would be different in that 
it would utilize the procedures for ducted two-stage coil-only systems 
and use the cooling minimum air volume rate as determined in section 
3.1.4.2.c of Appendix M and Appendix M1 for the cooling minimum, 
heating minimum, cooling intermediate, and heating intermediate test 
conditions. In the alternate test procedure requested by Goodman, the 
cooling minimum air volume rate is the higher of either the rate 
specified by the instructions included with the unit or 75% of the 
cooling full-load air volume rate. All other requirements of Appendix M 
(and Appendix M1) remain identical.

IV. Interim Waiver Order

    DOE has reviewed Goodman's application for an interim waiver, the 
alternate test procedure requested by Goodman, publicly available 
specification sheets and installation manuals, and the additional 
materials Goodman provided in support of its petition. Goodman's 
alternate test procedure proposes for its variable-speed coil-only 
systems to be tested using a minimum air volume rate that is determined 
using the same procedures as for ducted two-capacity coil-only units. 
DOE does not expect that there would be any differences in the typical 
installation scenarios for two-capacity or variable-speed coil-only 
systems, i.e., the typical control wiring for a furnace fan paired with 
a coil-only indoor unit would enable two stages of fan control, 
regardless of the number of compressor stages. Therefore, DOE agrees 
with aligning the minimum air volume rate between two-capacity and 
variable-speed coil-only indoor units and believes that the proposed 
alternate test procedure is appropriate for use with the models listed 
in Goodman's petition. Based on DOE's review, the alternate test 
procedure appears to allow for the accurate measurement of the energy 
efficiency of the products specified in Goodman's petition, while 
alleviating the testing problems associated with Goodman's testing for 
these basic models. Consequently, it appears likely that Goodman's 
petition for waiver will be granted. Furthermore, DOE has determined 
that it is desirable for public policy reasons to grant Goodman 
immediate relief pending a determination of the petition for waiver.
    For the reasons stated, it is ordered that:
    (1) Goodman must test and rate the following Daikin brand single-
split central air conditioner and heat pump (``CAC and HP'') basic 
models, which are comprised of the individual combinations listed 
below,\9\ using the alternate test procedure set forth in paragraph 
(2).
---------------------------------------------------------------------------

    \9\ The specified basic models contain individual combinations, 
which do not specify a particular air mover, and that each consist 
of an outdoor unit that uses a variable speed compressor matched 
with a coil-only indoor unit.

----------------------------------------------------------------------------------------------------------------
        Basic model No.                   Brand                   Outdoor unit                 Indoor unit
----------------------------------------------------------------------------------------------------------------
DX17VSS181AA...................  Daikin................  DX17VSS181AA.................  CAPEA1818*4*
                                 Daikin................  DX17VSS181AA.................  CHPE2430B4*
DX17VSS181BA...................  Daikin................  DX17VSS181BA.................  CAPEA1818*4*
                                 Daikin................  DX17VSS181BA.................  CHPE2430B4*
DX17VSS241AA...................  Daikin................  DX17VSS241AA.................  CAPEA1818*4*
                                 Daikin................  DX17VSS241AA.................  CAPEA2422*4*
                                 Daikin................  DX17VSS241AA.................  CHPE3636B4*
                                 Daikin................  DX17VSS241AA.................  CHPE3642C4*
DX17VSS241BA...................  Daikin................  DX17VSS241BA.................  CAPEA1818*4*
                                 Daikin................  DX17VSS241BA.................  CAPEA2422*4*
                                 Daikin................  DX17VSS241BA.................  CHPE3636B4*
                                 Daikin................  DX17VSS241BA.................  CHPE3642C4*
DX17VSS301AA...................  Daikin................  DX17VSS301AA.................  CAPEA2422*4*
                                 Daikin................  DX17VSS301AA.................  CHPE3636B4*
                                 Daikin................  DX17VSS301AA.................  CHPE3642C4*
DX17VSS301BA...................  Daikin................  DX17VSS301BA.................  CAPEA2422*4*
                                 Daikin................  DX17VSS301BA.................  CHPE3636B4*
                                 Daikin................  DX17VSS301BA.................  CHPE3642C4*
DX17VSS361AA...................  Daikin................  DX17VSS361AA.................  CAPEA3026*4*
                                 Daikin................  DX17VSS361AA.................  CHPE3636B4*

[[Page 40538]]

 
                                 Daikin................  DX17VSS361AA.................  CHPE3743C4*
                                 Daikin................  DX17VSS361AA.................  CHPE3743D4*
DX17VSS361BA...................  Daikin................  DX17VSS361BA.................  CAPEA3026*4*
                                 Daikin................  DX17VSS361BA.................  CHPE3636B4*
                                 Daikin................  DX17VSS361BA.................  CHPE3743C4*
                                 Daikin................  DX17VSS361BA.................  CHPE3743D4*
DX17VSS421AA...................  Daikin................  DX17VSS421AA.................  CAPE4860*4*
                                 Daikin................  DX17VSS421AA.................  CHPE3743C4*
                                 Daikin................  DX17VSS421AA.................  CHPE3743D4*
DX17VSS421BA...................  Daikin................  DX17VSS421BA.................  CAPE4860*4*
                                 Daikin................  DX17VSS421BA.................  CHPE3743C4*
                                 Daikin................  DX17VSS421BA.................  CHPE3743D4*
DX17VS481AA....................  Daikin................  DX17VSS481AA.................  CAPE4860*4*
                                 Daikin................  DX17VSS481AA.................  CAPE4961*4*
                                 Daikin................  DX17VSS481AA.................  CHPE3743C4*
                                 Daikin................  DX17VSS481AA.................  CHPE4860D4*
DX17VSS481BA...................  Daikin................  DX17VSS481BA.................  CAPE4860*4*
                                 Daikin................  DX17VSS481BA.................  CAPE4961*4*
                                 Daikin................  DX17VSS481BA.................  CHPE3743C4*
                                 Daikin................  DX17VSS481BA.................  CHPE4860D4*
DX17VSS601AA...................  Daikin................  DX17VSS601AA.................  CAPE4961*4*
                                 Daikin................  DX17VSS601AA.................  CHPE4860D4*
DX17VSS601BA...................  Daikin................  DX17VSS601BA.................  CAPE4961*4*
                                 Daikin................  DX17VSS601BA.................  CHPE4860D4*
DZ17VSA181AA...................  Daikin................  DZ17VSA181AA.................  CAPEA1818*4*
                                 Daikin................  DZ17VSA181AA.................  CHPEA2430B4*
DZ17VSA181BA...................  Daikin................  DZ17VSA181BA.................  CAPEA1818*4*
                                 Daikin................  DZ17VSA181BA.................  CHPEA2430B4*
DZ17VSA241AA...................  Daikin................  DZ17VSA241AA.................  CAPEA1818*4*
                                 Daikin................  DZ17VSA241AA.................  CAPEA2422*4*
                                 Daikin................  DZ17VSA241AA.................  CHPEA3636B4*
                                 Daikin................  DZ17VSA241AA.................  CHPEA3642C4*
DZ17VSA241BA...................  Daikin................  DZ17VSA241BA.................  CAPEA1818*4*
                                 Daikin................  DZ17VSA241BA.................  CAPEA2422*4*
                                 Daikin................  DZ17VSA241BA.................  CHPEA3636B4*
                                 Daikin................  DZ17VSA241BA.................  CHPEA3642C4*
DZ17VSA301AA...................  Daikin................  DZ17VSA301AA.................  CAPEA2422*4*
                                 Daikin................  DZ17VSA301AA.................  CHPEA3636B4*
                                 Daikin................  DZ17VSA301AA.................  CHPEA3642C4*
DZ17VSA301BA...................  Daikin................  DZ17VSA301BA.................  CAPEA2422*4*
                                 Daikin................  DZ17VSA301BA.................  CHPEA3636B4*
                                 Daikin................  DZ17VSA301BA.................  CHPEA3642C4*
DZ17VSA361AA...................  Daikin................  DZ17VSA361AA.................  CAPEA3026*4*
                                 Daikin................  DZ17VSA361AA.................  CHPEA3636B4*
                                 Daikin................  DZ17VSA361AA.................  CHPEA3743C4*
                                 Daikin................  DZ17VSA361AA.................  CHPEA3743D4*
DZ17VSA361BA...................  Daikin................  DZ17VSA361BA.................  CAPEA3026*4*
                                 Daikin................  DZ17VSA361BA.................  CHPEA3636B4*
                                 Daikin................  DZ17VSA361BA.................  CHPEA3743C4*
                                 Daikin................  DZ17VSA361BA.................  CHPEA3743D4*
DZ17VSA421AA...................  Daikin................  DZ17VSA421AA.................  CAPEA4860*4*
                                 Daikin................  DZ17VSA421AA.................  CHPEA3743C4*
                                 Daikin................  DZ17VSA421AA.................  CHPEA3743D4*
DZ17VSA421BA...................  Daikin................  DZ17VSA421BA.................  CAPEA4860*4*
                                 Daikin................  DZ17VSA421BA.................  CHPEA3743C4*
                                 Daikin................  DZ17VSA421BA.................  CHPEA3743D4*
DZ17VSA481AA...................  Daikin................  DZ17VSA481AA.................  CAPEA4860*4*
                                 Daikin................  DZ17VSA481AA.................  CAPEA4961*4*
                                 Daikin................  DZ17VSA481AA.................  CHPEA3743C4*
                                 Daikin................  DZ17VSA481AA.................  CHPEA4860D4*
DZ17VSA481BA...................  Daikin................  DZ17VSA481BA.................  CAPEA4860*4*
                                 Daikin................  DZ17VSA481BA.................  CAPEA4961*4*
                                 Daikin................  DZ17VSA481BA.................  CHPEA3743C4*
                                 Daikin................  DZ17VSA481BA.................  CHPEA4860D4*
DZ17VSA601AA...................  Daikin................  DZ17VSA601AA.................  CAPEA4961*4*
                                 Daikin................  DZ17VSA601AA.................  CHPEA4860D4*
DZ17VSA601BA...................  Daikin................  DZ17VSA601BA.................  CAPEA4961*4*
                                 Daikin................  DZ17VSA601BA.................  CHPEA4860D4*
----------------------------------------------------------------------------------------------------------------

    (2) The alternate test procedure for the Goodman basic models 
identified in paragraph (1) of this Interim Waiver Order is the test 
procedure for CACs and HPs prescribed by DOE at 10 CFR part 430, 
subpart B, appendix M (``Appendix

[[Page 40539]]

M'') and, for representations made on and after January 1, 2023, at 10 
CFR part 430, subpart B, appendix M1 (``Appendix M1''), except that for 
coil-only combinations:
    In 3.1.4.2., Cooling Minimum Air Volume Rate, include:
    f. For ducted variable-speed compressor systems tested with a coil-
only indoor unit, the cooling minimum air volume rate is the higher of 
(1) the rate specified by the installation instructions included with 
the unit by the manufacturer or (2) 75 percent of the cooling full-load 
air volume rate. During the laboratory tests on a coil-only (fanless) 
system, obtain this cooling minimum air volume rate regardless of the 
pressure drop across the indoor coil assembly.
    In 3.1.4.3., Cooling Intermediate Air Volume Rate, include:
    d. For ducted variable-speed compressor systems tested with a coil-
only indoor unit, the cooling intermediate air volume rate is the same 
as the cooling minimum air volume rate determined in section 3.1.4.2.f, 
without regard to the pressure drop across the indoor coil assembly.
    In 3.1.4.6., Heating Intermediate Air Volume Rate (limited to 
ducted coil-only variable-speed heat pumps), include:
    d. For ducted variable-speed compressor systems tested with a coil-
only indoor unit, use the heating minimum air volume rate as determined 
in section 3.1.4.5.1.a.(3), without regard to the pressure drop across 
the indoor coil assembly.
    The cooling minimum, cooling intermediate, heating minimum, and 
heating intermediate air volume rates are all identical under these 
provisions. All other requirements of Appendix M and Appendix M1 remain 
applicable.
    (3) Representations. Goodman may not make representations about 
efficiency of the basic models listed in paragraph (1) 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, and documentary materials provided by 
Goodman are valid. If Goodman makes any modifications to the controls 
or configurations of a basic model subject to this Interim Waiver 
Order, such modifications will render the waiver invalid with respect 
to that basic model, and Goodman will either 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 Interim Waiver Order 
at any time if it determines the factual basis underlying the petition 
for Interim Waiver Order is incorrect, or the results from the 
alternate test procedure are unrepresentative of a basic models' true 
energy consumption characteristics. 10 CFR 430.27(k)(1). Likewise, 
Goodman may request that DOE rescind or modify the Interim Waiver Order 
if Goodman discovers an error in the information provided to DOE as 
part of its petition, determines that the Interim Waiver Order is no 
longer needed, or for other appropriate reasons. 10 CFR 430.27(k)(2).
    (6) Issuance of this Interim Waiver Order does not release Goodman 
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 may be manufactured by the petitioner. Goodman may submit a new or 
amended petition for waiver and request for grant of interim waiver, as 
appropriate, for additional basic models of CACs and HPs. 
Alternatively, if appropriate, Goodman 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 July 22, 
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 July 23, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

*** Public Version ***

SUBMITTED VIA EMAIL to [email protected]

January 7, 2021

U.S. Department of Energy
Building Technologies Program
Test Procedure Waiver
1000 Independence Avenue SW, Mailstop EE-5B
Washington, DC 20585-0121

Re: Petition for Waiver and Interim Waiver on Test Procedure for 
Certain Variable-Speed Central Air Conditioners

    Dear Sir/Ms.: Goodman Manufacturing Company, L.P. (``Goodman'') 
respectfully submits petitions for waiver and interim waiver to the 
Department of Energy (``DOE'') from certain provisions in the current 
federal test procedure for central air conditioners and heat pumps in 
Appendix M to Subpart B of 10 CFR part 430 (``Appendix M'') applicable 
until January 1, 2023, and the future test procedure set forth in 
Appendix M1 to Subpart B of 10 CFR part 430 (``Appendix M1'') and 
applicable on or after January 1, 2023, specifically for ducted coil-
only variable-speed single-split system central air conditioners 
(``VSAC'') and variable-speed single-split system heat pumps 
(``VSHP'').
    Goodman is a member of Daikin Group, one of the largest heating, 
ventilation and air conditioning (``HVAC'') manufacturers in the world. 
Goodman is headquartered in Houston, Texas, and employs thousands of 
workers across the United States. The company manufactures residential 
and light commercial heating and cooling equipment, and its products 
are sold and installed by contractors in every American state.

I. Introduction

    While the federal test procedures in Appendix M and Appendix M1 
specify tests for variable- speed systems, provisions specific to 
testing ducted coil-only VSACs and VSHPs do not exist in the test 
procedure. As explained further below, Goodman is seeking a waiver and 
an interim waiver from the federal test procedure to allow for testing 
and representations of performance metrics for certain ducted coil-only 
VSACs and VSHPs. Goodman's petition is consistent with previous DOE 
Decisions and Orders that granted waivers to other manufacturers

[[Page 40540]]

from specified portions of the DOE test procedure for determining the 
energy efficiency of central air conditioners and heat pumps.\1\
---------------------------------------------------------------------------

    \1\ See e.g., TCL AC (Case No. 2018-009, Docket EERE-2018-BT-
WAV-0013, granted 3/29/19, published 84FR11941) and GD Midea (Case 
No. 2017-013, Docket EERE-2017-BT-WAV-0060, granted 11/09/18, 
published 83FR56065).
---------------------------------------------------------------------------

    Goodman is asking the DOE to approve a proposed alternate test 
procedure that differs only slightly from the alternate test procedure 
DOE previously approved for other manufacturers. The difference is 
rather than using the full-load air volume rate for all tests, Goodman 
proposes to use the minimum air volume rate for intermediate and 
minimum speed tests, which aligns with the process in Appendix M and 
Appendix M1 for ducted two-stage coil-only systems.\2\ Our request 
would utilize the cooling minimum air volume rate for cooling 
intermediate and cooling minimum tests. Further, in lieu of using the 
heating full-load air volume rate for the heating intermediate air 
volume rate, Goodman proposes to use the heating minimum air volume 
rate for ducted two-stage coil-only systems determined in section 
3.1.4.5.1.a.(3). of the current federal test procedure. Additional 
details about Goodman's proposed alternate test procedure are provided 
in Section V of this petition.
---------------------------------------------------------------------------

    \2\ Section 3.1.4.2.c. of Appendix M prior to January 1, 2023, 
and Section 3.1.4.2.c. of Appendix M1 on or after January 1, 2023.
---------------------------------------------------------------------------

    Some information provided is confidential business information 
(``CBI''), therefore in accordance with 10 CFR 1004.11, we are 
submitting one copy of this petition with CBI information redacted. CBI 
information is indicated by being enclosed in square brackets, 
``[``and'']''.

II. Particular Basic Models for Which Goodman Requests a Waiver and 
Interim Waiver

    As required by 10 CFR 430.27(b)(i), Goodman is providing, in 
Appendix I of this petition, a list of the basic models for which 
Goodman requests a waiver from the test procedure. Each indoor unit is 
equipped with an electronic expansion valve. As a result, both the 
outdoor unit and indoor coil will communicate with each other to 
control superheat and subcooling. Our system control has an output that 
allows for a standard single-pole double-throw relay (``SPDT'') to be 
field installed to control indoor fan speed.\3\ For conditions other 
than full-load, lowering the air volume rate from full-load to a lesser 
quantity provides benefits to the consumer by helping to maintain 
humidity control, providing more comfortable discharge air temperatures 
and reducing indoor fan energy consumption. Therefore, allowing 
differing airflows during the test will result in a better 
representation of the unit's actual performance for consumers and 
further DOE's goal under EPCA of more accurate testing.
---------------------------------------------------------------------------

    \3\ The installer would supply a SPDT relay to control the fan 
speed of the existing furnace. This is the same scheme used to 
change fan speed for two-stage systems today that is covered in 
today's DOE test procedure for those products. For two-stage 
systems, the installer will use a 24-volt signal from the room 
thermostat (either Y1 or Y2) to apply to the coil of the SPDT relay, 
which switches the fan speed as needed. For Goodman's variable speed 
applications, the installer will use the 24-volt signal from the 
electronic expansion valves in both the outdoor and indoor units.
---------------------------------------------------------------------------

III. List of Manufacturers

    As required by 10 CFR 430.27(b)(ii), Goodman is providing, in 
Appendix II of this petition, a list of manufacturers of all other 
basic models distributed in commerce in the United States and known to 
Goodman to incorporate design characteristic(s) similar to those found 
in the basic models that are the subject of the petition.

IV. Grounds for Petition of Waiver

    Goodman notes that the federal test procedures in Appendix M and 
Appendix M1 do not include provisions to determine the following 
cooling air volume rates for ducted coil-only VSACs and VSHPs: Cooling 
minimum, cooling intermediate, and heating intermediate (limited to 
ducted coil-only VSHPs). Specifically, sections 3.1.4.2 on cooling 
minimum air volume rate, 3.1.4.3 on cooling intermediate air volume 
rate, and 3.1.4.6 on heating intermediate air volume rate in Appendix M 
and Appendix M1 do not include adequate procedures for testing ducted 
coil-only VSACs/VSHPs. However, determination of these cooling/heating 
air volume rates is essential to establishing performance metrics, 
determining and certifying compliance in accordance with DOE's current 
requirements.\4\ Although a coil-only represented value is not 
prohibited for ducted coil-only VSACs and VSHPs under 10 CFR 429.16(a) 
and the scopes of both Appendix M and Appendix M1 include such systems, 
the lack of coverage within the current test procedure to determine the 
cooling and heating air volume rates for such systems makes it 
impossible to make appropriate representations of performance metrics 
for these systems.\5\
---------------------------------------------------------------------------

    \4\ Energy conservation standards in 10 CFR part 430.32(c) and 
certification and compliance in accordance with 10 CFR part 429.
    \5\ Table 8 in Appendix M to Subpart B of 10 CFR part 430 
specifies cooling mode test conditions for units having a variable-
speed compressor, and these tests cannot be appropriately conducted 
without clear provisions pertaining to the three separate cooling 
air volume rates. Table 14 in Appendix M to Subpart B of 10 CFR part 
430 specifies heating mode test conditions for units having a 
variable-speed compressor, and these tests cannot be appropriately 
conducted without clear provisions pertaining to the three separate 
heating air volume rates.
---------------------------------------------------------------------------

    As described generally above, our VSACs and VSHPs, if used in a 
coil-only application, have design characteristics for which the 
Appendix M and Appendix M1 test procedures cannot accurately represent 
their true energy consumption. Therefore, using the current test 
procedures without a waiver would result in materially inaccurate 
comparative data. 10 CFR 429.27(a)(1) and 10 CFR 429.27(f)(2). The 
remainder of this section describes in detail the design 
characteristics that form the basis for our request for waiver and 
interim waiver.
    The basic models for which we request a test procedure waiver and 
interim waiver will require the use of [REDACTED]
    For these reasons, specifying Cooling Minimum Airflow Rate or 
Heating Minimum Airflow Rate, as appropriate for the cooling or heating 
intermediate and minimum tests, will ensure that the test procedure 
matches the true operation, and therefore the true energy consumption, 
of our systems when installed in a consumer's home.
[GRAPHIC] [TIFF OMITTED] TN28JY21.014


[[Page 40541]]



[Redacted]

    Just as with any new air conditioner or heat pump installation 
using an existing furnace \8\ the contractor who installs one of our 
VSAC or VSHP will need to determine the appropriate speed tap(s) of the 
existing furnace blower to connect to the furnace control. The airflow 
rates at which our systems will have certified performance will be 
published in both our technical literature and on the AHRI Directory of 
Certified Product Performance.\9\
---------------------------------------------------------------------------

    \8\ Regardless of whether the new air conditioner or heat pump 
is single-stage or two-stage.
    \9\ https://www.ahridirectory.org/Search/SearchHome.
---------------------------------------------------------------------------

    Many existing furnaces with permanent split capacitor (``PSC'') 
motors, which is presently most of the installation base, typically 
have four or five speed taps for the motors. Many furnaces Goodman 
manufactured for years \10\ had PSC motors with speed taps for ``hi,'' 
``med,'' ``med-low'' and ``low'' airflow rates. For ``high stage'' 
cooling/heating operation, most field applications of single-stage or 
two-stage air conditioners or heat pumps would use one of the higher 
speed taps (such as ``hi'' or ``med''). For application of our variable 
speed air conditioners or heat pumps, we would recommend using the same 
speed tap for the higher airflow as would be used for ``high stage'' of 
a two-stage unit or for single-stage.
---------------------------------------------------------------------------

    \10\ Prior to Fan Energy Rating (``FER'') rule that went into 
effect 7/3/2019.
---------------------------------------------------------------------------

    For ``low stage'' cooling/heating operation, most field 
applications of two-stage units would use the lowest or second lowest 
of the speed taps (such as ``low'' or ``med-low''). For application of 
our variable speed air conditioners or heat pumps, we would recommend 
using the same speed tap for the lower airflow as would be used for 
``low stage'' of a two-stage unit.
    This concludes the description of the design characteristics of our 
VSACs and VSHPs which render the current Appendix M and Appendix M1 
test procedures incapable of providing accurate and representative 
measures of their true energy consumption. The next section provides 
our suggested modifications to Appendix M and Appendix M1 that will 
provide accurate and representative test data for our VSAC and VSHP.

V. Proposed Alternate Test Procedures

    As required by 10 CFR 430.27(b)(iii), Goodman is providing the 
proposed revisions below to Appendix M and Appendix M1 as the 
alternative to evaluate the performance of the basic models listed in 
Appendix I of this petition.
    The alternate test procedures for the Goodman basic models 
identified in Appendix I of this petition are identical to the test 
procedures prescribed in Appendix M and Appendix M1. The exception is 
as described below, for coil-only combinations, the cooling minimum air 
volume rate as determined in section 3.1.4.2.c. of Appendix M and 
Appendix M1 shall be used as the cooling intermediate and cooling 
minimum air volume rates. The heating minimum air volume rate as 
determined in section 3.1.4.5.1.a.(3). of both Appendix M and Appendix 
M1 shall also be used as the heating intermediate air volume rate.\11\ 
All other requirements of Appendix M and Appendix M1 remain identical.
---------------------------------------------------------------------------

    \11\ Note that provisions in section 3.1.4.5.2.d. specific to 
ducted two-stage coil-only system northern heat pumps and ducted 
two-stage heating-only coil-only system heat pumps do not apply to 
the basic models addressed in this petition.
---------------------------------------------------------------------------

    In 3.1.4.2, Cooling Minimum Air Volume Rate, include the following:
    f. For ducted variable-speed compressor systems tested with a coil-
only indoor unit, the cooling minimum air volume rate is the higher of 
(1) the rate specified by the installation instructions included with 
the unit by the manufacturer or (2) 75 percent of the cooling full-load 
air volume rate. During the laboratory tests on a coil-only (fanless) 
system, obtain this cooling minimum air volume rate regardless of the 
pressure drop across the indoor coil assembly.
    In 3.1.4.3, Cooling Intermediate Air Volume Rate, include the 
following:
    d. For ducted variable-speed compressor systems tested with a coil-
only indoor unit, use the cooling minimum air volume rate as determined 
in 3.1.4.2(f), without regard to the pressure drop across the indoor 
coil assembly.
    In 3.1.4.6, Heating Intermediate Air Volume Rate (limited to ducted 
coil-only VSHPs), include the following:
    d. For ducted variable-speed compressor systems tested with a coil-
only indoor unit, use the heating minimum air volume rate as determined 
in 3.1.4.5.1.a.(3), without regard to the pressure drop across the 
indoor coil assembly.
    No alternate test procedure is being proposed for Cooling Full-load 
Air Volume Rate, Heating Minimum Air Volume Rate (limited to ducted 
coil-only VSHPs), and Heating Full-Load Air Volume Rate (limited to 
ducted coil-only VSHPs). Cooling Full-load Air Volume Rate will be 
determined using section 3.1.4.1.1.c. of the federal test procedures 
set forth in Appendix M and M1. Heating Minimum Air Volume Rate will be 
determined using section 3.1.4.5.1.a.(3) of the federal test procedures 
set forth in Appendix M and M1. Heating Full-load Air Volume Rate will 
be determined using section 3.1.4.4.1.a.(3) of the federal test 
procedures set forth in Appendix M and M1.

VI. Petition for Interim Waiver

    Pursuant to 10 CFR part 430.27(b)(2), Goodman also hereby applies 
for an interim waiver of the applicable test procedure requirements for 
the basic models listed in Appendix I of this petition.
    Goodman believes the petition for waiver is likely to be granted, 
as evidenced in Section I and Section IV of this document. Without 
waiver relief, Goodman would be subject to requirements under the 
current federal test procedure that would render it impossible for 
Goodman to make appropriate representations of performance metrics for 
the basic models listed in Appendix I of this petition, thereby 
precluding Goodman from distributing these basic models into commerce 
and limiting consumer choice and competition. Goodman respectfully 
requests DOE to consider this public policy aspect and grant immediate 
relief pending a determination on the petition for waiver, while also 
accounting for any similar decisions made in the past for other 
manufacturers on the same matter.
    Additionally, Goodman is likely to suffer economic hardship and a 
competitive disadvantage if DOE does not grant its interim waiver 
request. Absent an interim waiver, the basic models listed in Appendix 
I of this petition will continue to remain disadvantaged in the 
marketplace relative to other products. If Goodman must wait for 
completion of the waiver consideration and issuance process, it may 
well be forced to delay the opportunity to offer high efficiency, 
energy saving VSAC and VSHP models to U.S. consumers, as well as delay 
recouping production and marketing costs associated with introducing 
the basic models via product sales into the U.S. market.

VII. Concluding Remarks

    Goodman respectfully requests that DOE grant its petitions for 
waiver and interim waiver of the applicable test procedure for the 
specified basic models. Goodman requests expedited treatment of both 
the petitions and is willing to provide promptly any additional 
information DOE requires to

[[Page 40542]]

act expeditiously, as receipt of the waivers will facilitate Goodman's 
timely production of the applicable models for the upcoming cooling 
season. If you have any questions regarding Goodman's petitions for 
waiver and interim waiver, please do not hesitate to contact myself or 
Rusty Tharp, Senior Director of Regulatory Affairs (713/263-5906 or 
[email protected]).

Sincerely,
/s/
Sukru Erisgen

Vice President of Engineering, Tel: 713/861-2500,
    Email: [email protected]

Appendix I

    The waiver and interim waiver requests apply to the following basic 
models. Note that for all coil-only systems, there is no indoor unit 
with fan.

----------------------------------------------------------------------------------------------------------------
                                                                                   Individual
                                                                                   model No.
    Manufacturer                                               Basic model No.     covered by       Individual
  (outdoor unit or       Manufacturer        Brand name(s)      (No. unique to    basic model       model No.
   package unit)        (indoor unit)                             the basic      (outdoor unit    (indoor unit),
                                                                    model)         or package     if applicable
                                                                                     unit)
----------------------------------------------------------------------------------------------------------------
Daikin.............  Daikin.............  Daikin.............  DX17VSS181*....  DX17VSS181*....  CAPEA1818*4*
Daikin.............  Daikin.............  Daikin.............                   DX17VSS181*....  CHPE2430B4*
Daikin.............  Daikin.............  Daikin.............  DX17VSS241*....  DX17VSS241*....  CAPEA1818*4*
Daikin.............  Daikin.............  Daikin.............                   DX17VSS241*....  CAPEA2422*4*
Daikin.............  Daikin.............  Daikin.............                   DX17VSS241*....  CHPE3636B4*
Daikin.............  Daikin.............  Daikin.............                   DX17VSS241*....  CHPE3642C4*
Daikin.............  Daikin.............  Daikin.............  DX17VSS301*....  DX17VSS301*....  CAPEA2422*4*
Daikin.............  Daikin.............  Daikin.............                   DX17VSS301*....  CHPE3636B4*
Daikin.............  Daikin.............  Daikin.............                   DX17VSS301*....  CHPE3642C4*
Daikin.............  Daikin.............  Daikin.............  DX17VSS361*....  DX17VSS361*....  CAPEA3026*4*
Daikin.............  Daikin.............  Daikin.............                   DX17VSS361*....  CHPE3636B4*
Daikin.............  Daikin.............  Daikin.............                   DX17VSS361*....  CHPE3743C4*
Daikin.............  Daikin.............  Daikin.............                   DX17VSS361*....  CHPE3743D4*
Daikin.............  Daikin.............  Daikin.............  DX17VSS421*....  DX17VSS421*....  CAPE4860*4*
Daikin.............  Daikin.............  Daikin.............                   DX17VSS421*....  CHPE3743C4*
Daikin.............  Daikin.............  Daikin.............                   DX17VSS421*....  CHPE3743D4*
Daikin.............  Daikin.............  Daikin.............  DX17VSS481*....  DX17VSS481*....  CAPE4860*4*
Daikin.............  Daikin.............  Daikin.............                   DX17VSS481*....  CAPE4961*4*
Daikin.............  Daikin.............  Daikin.............                   DX17VSS481*....  CHPE3743C4*
Daikin.............  Daikin.............  Daikin.............                   DX17VSS481*....  CHPE4860D4*
Daikin.............  Daikin.............  Daikin.............  DX17VSS601*....  DX17VSS601*....  CAPE4961*4*
Daikin.............  Daikin.............  Daikin.............                   DX17VSS601*....  CHPE4860D4*
Daikin.............  Daikin.............  Daikin.............  DZ17VSA181*....  DZ17VSA181*....  CAPEA1818*4*
Daikin.............  Daikin.............  Daikin.............                   DZ17VSA181*....  CHPEA2430B4*
Daikin.............  Daikin.............  Daikin.............  DZ17VSA241*....  DZ17VSA241*....  CAPEA1818*4*
Daikin.............  Daikin.............  Daikin.............                   DZ17VSA241*....  CAPEA2422*4*
Daikin.............  Daikin.............  Daikin.............                   DZ17VSA241*....  CHPEA3636B4*
Daikin.............  Daikin.............  Daikin.............                   DZ17VSA241*....  CHPEA3642C4*
Daikin.............  Daikin.............  Daikin.............  DZ17VSA301*....  DZ17VSA301*....  CAPEA2422*4*
Daikin.............  Daikin.............  Daikin.............                   DZ17VSA301*....  CHPEA3636B4*
Daikin.............  Daikin.............  Daikin.............                   DZ17VSA301*....  CHPEA3642C4*
Daikin.............  Daikin.............  Daikin.............  DZ17VSA361*....  DZ17VSA361*....  CAPEA3026*4*
Daikin.............  Daikin.............  Daikin.............                   DZ17VSA361*....  CHPEA3636B4*
Daikin.............  Daikin.............  Daikin.............                   DZ17VSA361*....  CHPEA3743C4*
Daikin.............  Daikin.............  Daikin.............                   DZ17VSA361*....  CHPEA3743D4*
Daikin.............  Daikin.............  Daikin.............  DZ17VSA421*....  DZ17VSA421*....  CAPEA4860*4*
Daikin.............  Daikin.............  Daikin.............                   DZ17VSA421*....  CHPEA3743C4*
Daikin.............  Daikin.............  Daikin.............                   DZ17VSA421*....  CHPEA3743D4*
Daikin.............  Daikin.............  Daikin.............  DZ17VSA481*....  DZ17VSA481*....  CAPEA4860*4*
Daikin.............  Daikin.............  Daikin.............                   DZ17VSA481*....  CAPEA4961*4*
Daikin.............  Daikin.............  Daikin.............                   DZ17VSA481*....  CHPEA3743C4*
Daikin.............  Daikin.............  Daikin.............                   DZ17VSA481*....  CHPEA4860D4*
Daikin.............  Daikin.............  Daikin.............  DZ17VSA601*....  DZ17VSA601*....  CAPEA4961*4*
Daikin.............  Daikin.............  Daikin.............                   DZ17VSA601*....  CHPEA4860D4*
----------------------------------------------------------------------------------------------------------------



Appendix II

    The following are manufacturers of all other basic models 
distributed in commerce in the United States and known to Goodman to 
incorporate design characteristics similar to those found in the basic 
models that are the subject of the petition for waiver and interim 
waiver:

 Aaon, Inc.
 Advanced Distributor Products, LLC
 Allied Air Enterprises, LLC
 Allstyle Coil Company, LP
 Aspen Manufacturing, LLC
 Bosch Thermotechnology Corp
 Carrier Corporation
 ECR International
 Fujitsu General America, Inc.
 GD Midea Heating & Ventilating Equipment Co., Ltd.
 Johnson Controls, Inc.
 Lennox International Inc.
 LG Electronics U.S.A., Inc.
 Mitsubishi Electric Cooling & Heating
 Mortex Products, Inc.
 National Comfort Products
 Nortek Global HVAC, LLC
 Rheem Manufacturing Company
 Samsung Electronics Co. Ltd.
 Trane Technologies
 TCL air conditioner (zhongshan) Co., Ltd.
 Unico, Inc.

[FR Doc. 2021-16021 Filed 7-27-21; 8:45 am]
BILLING CODE 6450-01-P