Energy Conservation Program: Notification of Petition for Waiver of Samsung HVAC America LLC From the Department of Energy Central Air Conditioners and Heat Pumps Test Procedure and Notification of Grant of Interim Waiver, 36558-36572 [2023-11791]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Notices]
[Pages 36558-36572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11791]


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DEPARTMENT OF ENERGY

[Case Number 2022-009; EERE-2023-BT-WAV-0010]


Energy Conservation Program: Notification of Petition for Waiver 
of Samsung HVAC America LLC 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.

[[Page 36559]]


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

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SUMMARY: This notification announces receipt of and publishes a 
petition for waiver and interim waiver from Samsung HVAC America LLC 
(``Samsung''), which seeks a waiver for specified basic models of 
central air conditioners (``CACs'') and heat pumps (``HPs'') 
(collectively, ``CAC/HPs'') from the U.S. Department of Energy 
(``DOE'') test procedure used for determining the efficiency of CAC/
HPs. DOE also gives notification of an Interim Waiver Order that 
requires Samsung to test and rate the specified CAC/HP basic models in 
accordance with the alternate test procedure set forth in the Interim 
Waiver Order. DOE solicits comments, data, and information concerning 
Samsung's petition and its suggested alternate test procedure to inform 
DOE's final decision on Samsung's waiver request.

DATES: Written comments and information are requested and will be 
accepted on or before July 5, 2023.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov under docket 
number EERE-2023-BT-WAV-0010. Follow the instructions for submitting 
comments. Alternatively, interested persons may submit comments, 
identified by docket number EERE-2023-BT-WAV-0010, by any of the 
following methods:
    (1) Email: [email protected]. Include the docket 
number EERE-2023-BT-WAV-0010 in the subject line of the message.
    (2) Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1445. If possible, please submit all items on a compact disc 
(``CD''), in which case it is not necessary to include printed copies.
    (3) Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202) 
287-1445. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    No telefacsimiles (``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 for this activity, which includes Federal 
Register notices, comments, and other supporting documents/materials, 
is available for review at www.regulations.gov/docket?D=EERE-2023-BT-WAV-0010. All documents in the docket are listed in the 
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 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 www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Julia Hegarty, 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. Telephone: (240) 597-6737. Email: 
[email protected].
    Mr. Nolan Brickwood, 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) 586-4498. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: DOE is publishing Samsung's petition for 
waiver in its entirety, pursuant to 10 CFR 430.27(b)(1)(iv), absent any 
information for which petitioner requested treatment as confidential 
business information.\1\ DOE is also publishing the Interim Waiver 
Order granted to Samsung, which serves as notification of DOE's 
determination regarding Samsung's petition for an interim waiver, 
pursuant to 10 CFR 430.27(e)(3). DOE invites all interested parties to 
submit in writing by July 5, 2023, 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 Chandra Gollapudi, 
[email protected], Samsung HVAC America LLC, 776 Henrietta 
Creek Road, Suite 100, Roanoke, TX 76262.
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    \1\ The petition did not identify any of the information 
contained therein as confidential business information.
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    Submitting comments via www.regulations.gov. The 
www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. If this instruction is followed, persons viewing comments will 
see only first and last names, organization names, correspondence 
containing comments, and any documents submitted with the comments.
    Do not submit to 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 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 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 www.regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email, hand delivery/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail will also be posted to 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

[[Page 36560]]

contact information on a cover letter. Include your first and last 
names, email address, telephone number, and optional mailing address. 
The cover letter will not be publicly viewable as long as it does not 
include any comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via postal mail 
or hand delivery/courier, please provide all items on a CD, if 
feasible, in which case it is not necessary to submit printed copies. 
Faxes will not be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery/courier two well-marked copies: 
one copy of the document marked confidential including all the 
information believed to be confidential, and one copy of the document 
marked ``non-confidential'' with the information believed to be 
confidential deleted. Submit these documents via email or on a CD, if 
feasible. DOE will make its own determination about the confidential 
status of the information and treat it according to its determination.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

Case Number 2022-009

Interim Waiver Order

I. Background and Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\2\ 
authorizes the U.S. Department of Energy (``DOE'') to regulate the 
energy efficiency of several consumer products and certain industrial 
equipment. (42 U.S.C. 6291-6317) Title III, Part B \3\ of EPCA, Public 
Law 94-163 (42 U.S.C. 6291-6309, as codified), 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 CAC/HPs, the subject of this Interim Waiver Order. (42 U.S.C. 
6292(a)(3))
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    \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), which reflect the last statutory amendments that impact 
Parts A and A-1 of EPCA.
    \3\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
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    The energy conservation program under EPCA consists essentially of 
four parts: (1) testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. Relevant 
provisions of EPCA include definitions (42 U.S.C. 6291), test 
procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294), 
energy conservation standards (42 U.S.C. 6295), and the authority to 
require information and reports from manufacturers (42 U.S.C. 6296).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for: (1) 
certifying to DOE that their products comply with the applicable energy 
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)), 
and (2) making 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 test procedure for CAC/HPs is contained in the Code of 
Federal Regulations (``CFR'') at 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, any interested person may submit a petition 
for waiver from DOE's test procedure requirements. DOE will grant a 
waiver from the test procedure requirements if DOE determines either 
that the basic model for which the waiver was requested contains a 
design characteristic that prevents testing of the basic model 
according to the prescribed test procedures, or that the prescribed 
test procedures evaluate the basic model in a manner so 
unrepresentative of its true energy consumption characteristics as to 
provide materially inaccurate comparative data. 10 CFR 430.27(f)(2). A 
petitioner must include in its petition any alternate test procedures 
known to the petitioner to evaluate the performance of the product type 
in a manner representative of the energy consumption characteristics of 
the basic model. 10 CFR 430.27(b)(1)(iii). DOE may grant the waiver 
subject to conditions, including adherence to alternate test 
procedures. 10 CFR 430.27(f)(2).
    As soon as practicable after the granting of any waiver, DOE will 
publish in the Federal Register a notice of proposed rulemaking to 
amend its regulations 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 to that effect. Id.
    The waiver process also provides that DOE may grant an interim 
waiver if it appears likely that the underlying petition for waiver 
will be granted and/or if DOE determines that it would be desirable for 
public policy reasons to grant immediate relief pending a determination 
on the underlying petition for waiver. 10 CFR 430.27(e)(3). 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).
    If the interim waiver test procedure methodology is different than 
the decision and order test procedure methodology, certification 
reports to DOE required under 10 CFR 429.12 and

[[Page 36561]]

any representations must be based on either of the two methodologies 
until 180 days after the publication date of the decision and order. 
Thereafter, certification reports and any representations must be based 
on the decision and order test procedure methodology, unless otherwise 
specified by DOE. 10 CFR 430.27(i)(1). When DOE amends the test 
procedure to address the issues presented in a waiver, the waiver or 
interim waiver will automatically terminate on the date on which use of 
that test procedure is required to demonstrate compliance. 10 CFR 
429.27(h)(3).

II. Samsung's Petition for Interim Waiver

    On December 16, 2022, DOE received from Samsung a petition for 
waiver and interim waiver from the test procedure for CAC/HPs set forth 
at 10 CFR part 430 subpart B, appendix M1.\4\ (Samsung, No. 1 at p. 2) 
\5\ Pursuant to 10 CFR 430.27(e)(i), DOE posted the petition on the DOE 
website. The petition did not identify any of the information contained 
therein as confidential business information.
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    \4\ The specific models for which the petition applies include 
Samsung Slim Duct CAC/HP outdoor models AC009BXADCH, AC012BXADCH, 
and AC018BXADCH, and indoor models AC009BNLDCH, AC012BNLDCH, and 
AC018BNLDCH. These models were provided by Samsung in its December 
16, 2022 petition.
    \5\ A notation in this form provides a reference for information 
that is in the docket for this test procedure waiver. This notation 
indicates that the statement preceding the reference is document 
number 1 in the docket and appears at page 2 of that document.
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    In its petition, Samsung noted that the minimum external static 
pressure (``ESP'') requirement for ducted blower coil systems, 
including for the basic models subject to the petition, increased from 
appendix M to subpart B of 10 CFR part 430 (``appendix M'') to appendix 
M1. (Samsung, No. 1 at p. 1) Specifically, appendix M required a 
minimum ESP of 0.1 to 0.2 inches of water column (``in. wc.''), 
depending on the cooling capacity of the system, for systems other than 
small-duct high velocity; whereas, appendix M1 requires a minimum ESP 
of 0.5 in. wc. for all conventional ducted blower coil systems.\6\ 
Samsung acknowledges that DOE increased the minimum ESP requirement for 
ducted systems in appendix M1 to better represent the ESP of homes with 
central ducted CAC/HP systems. Id. In its petition, Samsung asserts 
that the specified basic models cannot operate at the 0.5 in. wc. ESP 
requirement specified in appendix M1, as these models are not designed 
for use in a traditional central ducted home, but rather are designed 
for use with short ducts and low static pressures and, thus, have a 
maximum operating ESP of 0.24 in. wc. Id. Because the models listed in 
its petition cannot operate at the 0.5 in. wc. condition specified by 
the test procedure, Samsung seeks to use an alternative test procedure 
that specifies testing these basic models at 0.1 in. wc. ESP, and in 
conjunction, adjusts the fan power and the resulting change in heating 
and cooling capacity in order to be equivalent to testing at 0.5 in. 
wc. ESP. Id.
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    \6\ See Table 4 in section 3.1.4.1.1 of appendix M and Table 4 
in section 3.1.4.1.1 for ducted blower coil systems.
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    Samsung also requested an interim waiver from the existing DOE test 
procedure, asserting that the petition for waiver is likely to be 
granted. Samsung stated that without the granting of a waiver and 
interim waiver, Samsung would suffer economic hardship by needing to 
withdraw these products from the market, which would result in loss of 
sales and reduced customer choice. In such case, Samsung also stated 
that consumers would need to seek alternate products that are not 
optimized for low static, short duct applications, which would lead to 
increased energy consumption. (Samsung, No. 1 at p. 5)
    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)(3).

III. Requested Alternate Test Procedure

    EPCA requires that manufacturers use DOE test procedures when 
making representations about the energy consumption and energy 
consumption costs of covered products. (42 U.S.C. 6293(c)) Consistency 
is important when making representations about the energy efficiency of 
covered products, including when demonstrating compliance with 
applicable DOE energy conservation standards. Pursuant to 10 CFR 
430.27, and after consideration of public comments on the petition, DOE 
may establish in a subsequent Decision and Order an alternate test 
procedure for the basic models addressed by the Interim Waiver Order.
    As an alternate test procedure, Samsung seeks to test the specified 
basic models at 0.1 in. wc. ESP and to make proportional adjustments to 
fan power and capacity such that the results are equivalent to 
performance measured at 0.5 in. wc. ESP. (Samsung, No. 1 at p. 4)
    Specifically, Samsung requests to use an alternate calculation of 
measured energy use. At all sections of appendix M1 where total cooling 
capacity, total heating capacity, sensible cooling capacity, and 
electrical power consumption is calculated, the measured indoor fan 
power would be increased by 87 watts per 1000 cubic feet per minute of 
standard air (``SCFM''). Samsung requests that for all tests the 
cooling capacity be decreased by the Btu/h equivalent of this fan power 
adjustment (i.e., 297 Btu/h per 1000 SCFM); and the heating capacity 
increased by the same Btu/h equivalent. The test would otherwise be 
performed consistent with the requirements of appendix M1.
    Samsung stated that it determined the proposed adjusted values for 
fan power based on the similar adjustment in fan wattage for coil-only 
systems in appendix M as compared to appendix M1. Specifically, Samsung 
noted that in the January 5, 2017 final rule that established appendix 
M1 (``January 2017 Final Rule''), DOE had determined that increasing 
the ESP from 0.15 in. wc.\7\ to 0.5 in. wc. corresponds to an increase 
in the indoor fan blower power of 76 watts/1000 SCFM.\8\ (See 82 FR 
1426, 1451-1453). On this basis, Samsung extrapolated that changing the 
ESP from 0.1 in. wc. to 0.5 in. wc. equates to an increase in indoor 
fan blower power of 87 watts/1000 SCFM. (Samsung, No. 1 at p. 4) 
Samsung asserted that because these estimates of indoor fan blower 
power are based on mostly fixed speed motors, and the basic models in 
consideration use more efficient variable speed motors, this is a 
conservative approach in estimating revised fan power. Id.
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    \7\ DOE interprets Samsung's reference to 0.15 in. wc. in 
appendix M as referring to the average of the range of 0.1 to 0.2 
in. wc. minimum ESP requirements for ducted blower coil systems 
specified in Table 4 of appendix M.
    \8\ Appendix M specifies a default fan power of 365 watts/1000 
SCFM; whereas appendix M1 specifies a default fan power of 441 
watts/1000 SCFM, a difference of 76 watts/1000 SCFM.
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IV. Interim Waiver Order

    DOE has reviewed Samsung's application for an interim waiver, the 
alternate test procedure requested by Samsung, publicly available 
specification sheets and installation manuals relevant to these basic 
models, and the additional materials Samsung provided in support of its 
petition.
    In appendix A to its petition, Samsung provided a submittal for one 
of the basic models for which it seeks to use its requested alternate 
test procedure. (Samsung, No. 1 at p. 6) The

[[Page 36562]]

submittal shows technical specifications that confirm to DOE the 
limited ESP operating range of 0.01-0.24 in. wc. used as grounds for 
waiver for the basic models subject to Samsung's petition. 
Additionally, Figure 1 of Samsung's petition provided the fan curves 
for the blower used in these basic models. (Samsung, No. 1 at p. 3) 
Figure 1 shows that at maximum speed of the motor of 1560 revolutions 
per minute and 0.5 in. wc. ESP (or 125 pascals) the air flow of these 
basic models is zero, and that, therefore, testing of the basic models 
with the appendix M1 test procedure is physically impossible. Samsung 
supported Figure 1 with the electrical and mechanical specifications of 
the indoor fan provided in appendix B to its petition. (Samsung, No. 1 
at pp. 7-8)
    For the basic models listed in Samsung's petition, DOE's review of 
technical specifications for the basic models subject to the petition 
indicates that the fan cannot operate at the minimum ESP of 0.5 in. wc. 
required to be tested by appendix M1. Since these basic models are 
physically incapable of operating at the minimum ESP required by the 
test procedure, DOE tentatively agrees that testing these basic models 
instead at a minimum ESP of 0.1 in. wc. with adjustments to ensure 
results are equivalent to performance measured at 0.5 in. wc. ESP is 
appropriate. DOE tentatively agrees that the measured fan power, 
cooling capacity, and heating capacity should be adjusted to reflect 
performance equivalent to testing at 0.5 in. wc. ESP, as requested by 
Samsung. DOE also tentatively agrees that using the calculation 
methodology from the January 2017 Final Rule to determine the fan power 
adjustment for these basic models is appropriate, and DOE's analysis 
confirms that this methodology yields an adjustment increase of 87 
watts per 1000 SCFM. DOE notes that Samsung's proposal to adjust 
cooling and heating capacity by the Btu/h equivalent of the fan power 
is consistent with fan power adjustments made for coil-only systems in 
appendix M1. (See, for example, Equation 3.3-5 in section 3.3.e.1 of 
appendix M1, in which the average total space cooling capacity, 
Qck(T), is decreased by the Btu/h equivalent of 
the default fan power coefficient DFPCC, in watts, for non-
mobile, non-space-constrained home ducted coil-only system tests).
    Based on this review, DOE has initially determined that the 
alternate test procedure requested by Samsung is appropriate and 
appears to allow for the accurate measurement of the energy efficiency 
of the specified basic models, while alleviating the testing problems 
cited by Samsung in implementing the DOE test procedure for these basic 
models. Consequently, DOE has determined that Samsung's petition for 
waiver likely will be granted. Furthermore, DOE has determined that it 
is desirable for public policy reasons to grant Samsung immediate 
relief pending a determination of the petition for waiver, and that 
Samsung may be likely to suffer economic hardship otherwise.
    To maintain consistent units of measurement with the other sections 
of appendix M1 (specifically, the sections relevant to coil-only 
systems), DOE has converted Samsung's suggested adjustments of cooling 
and heating capacities from units of Btu/h per watt of incremental fan 
power to units of Btu/h per 1000 SCFM. Samsung's suggestions regarding 
adjustment of cooling and heating capacities correspond to decreasing 
cooling capacity by 297 Btu/h/1000 SCFM and increasing heating capacity 
by 297 Btu/h/1000 SCFM. These values are reflected in the alternate 
test procedure established by this notification.
    For the reasons stated, it is ordered that:
    (1) Samsung must test and rate the following CAC/HP basic models, 
which are comprised of the individual combinations listed below, using 
the alternate test procedure set forth in paragraph (2).

----------------------------------------------------------------------------------------------------------------
                                                                                                      Cooling
          Brand series name              Outdoor unit model No.         Indoor unit model No.     capacity (95F)
----------------------------------------------------------------------------------------------------------------
Samsung Slim Duct...................  AC009BXADCH                   AC009BNLDCH                            9,000
                                      AC012BXADCH                   AC012BNLDCH                           12,000
                                      AC018BXADCH                   AC018BNLDCH                           18,000
----------------------------------------------------------------------------------------------------------------

    (2) The alternate test procedure for the Samsung basic models 
identified in paragraph (1) of this Interim Waiver Order is the test 
procedure for CAC/HPs prescribed by DOE at 10 CFR part 430, subpart B, 
appendix M1, except that:
    In 3.1.4, Airflow Through the Indoor Coil, test using a minimum 
external static pressure of 0.1 in. wc. rather than the 0.50 value 
listed in Table 4.
    In 3.3, Test Procedures for Steady-State Wet Coil Cooling Mode 
Tests (the A, A2, A1, B, B2, B1, EV, and F1 Tests), perform the 
following additional calculation:
    g. For all steady-state wet coil tests (i.e., the A1, 
A2, B1, B2, EV, and 
F1 tests), decrease Qck(T) by the quantity calculated in 
Equation 3.3-9 to this appendix and increase Eck(T) by the quantity 
calculated in Equation 3.3-10 to this appendix.
[GRAPHIC] [TIFF OMITTED] TN05JN23.019

Where:

Vs is the average measured indoor air volume rate expressed in units 
of cubic feet per minute of standard air (scfm).

    In 3.5.1, Procedures When Testing Ducted Systems, perform the 
following additional calculation:
    e. For all cyclic dry-coil tests (i.e., the D, D1, 
D2, and I1 tests), decrease Qck(T) by the 
quantity calculated in Equation 3.5-10 to this appendix and increase 
Eck(T) by the quantity calculated in Equation 3.5-11 to this appendix.
[GRAPHIC] [TIFF OMITTED] TN05JN23.020

Where:

Vs is the average measured indoor air volume rate expressed in units 
of cubic feet per minute of standard air (scfm).

    In 3.7, Test Procedures for Steady-State Maximum Temperature and 
High Temperature Heating Mode Tests (the H01, H1, H12, H11, and H1N 
tests), perform the following additional calculation:
    g. For all steady-state maximum temperature and high temperature 
tests (i.e., the H01, H1, H12, H11, 
and H1N tests), increase Qhk(T) by the quantity calculated 
in Equation 3.7-9 to this appendix and increase Ehk(T) by the quantity 
calculated in Equation 3.7-10 to this appendix.

[[Page 36563]]

[GRAPHIC] [TIFF OMITTED] TN05JN23.021

Where:

Vs is the average measured indoor air volume rate expressed in units 
of cubic feet per minute of standard air (scfm).

    In 3.9.1, Average Space Heating Capacity and Electrical Power 
Calculations, under paragraph (b) perform the following additional 
calculation:
    (3) For all frost accumulation tests (i.e., the H21, 
H22, and H2V tests), increase Qhk(35) by the 
quantity calculated in Equation 3.9.1-9 to this appendix and increase 
Ehk(35) by the quantity calculated in Equation 3.9.1-10 to this 
appendix.
[GRAPHIC] [TIFF OMITTED] TN05JN23.022

Where:

Vs is the average measured indoor air volume rate expressed in units 
of cubic feet per minute of standard air (scfm).

    (3) Representations. Samsung may not make representations about the 
efficiency of a basic model 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, test data, and documentary materials 
provided by Samsung are valid. 10 CFR 430.27(k)(1). If Samsung 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 Samsung 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 waiver at any time if it determines the factual basis underlying 
the petition for the Interim Waiver Order is incorrect, or the results 
from the alternate test procedure are unrepresentative of the basic 
model's true energy consumption characteristics. Id. Likewise, Samsung 
may request that DOE rescind or modify the Interim Waiver Order if 
Samsung discovers an error in the information provided to DOE as part 
of its petition, determines that the interim waiver is no longer 
needed, or for other appropriate reasons. 10 CFR 430.27(k)(2).
    (6) Issuance of this Interim Waiver Order does not release Samsung 
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. Samsung may submit a new or 
amended petition for waiver and request for grant of interim waiver, as 
appropriate, for additional basic models of CAC/HPs. Alternatively, if 
appropriate, Samsung 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 May 30, 
2023, by Francisco Alejandro Moreno, 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 May 30, 2023.
Treena V. Garrett.
Federal Register Liaison Officer, U.S. Department of Energy.
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[FR Doc. 2023-11791 Filed 6-2-23; 8:45 am]
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