83 FR 24767 - Notice of Petition for Waiver of GD Midea Heating & Ventilating Equipment Co., Ltd. From the Department of Energy Central Air Conditioners and Heat Pumps Test Procedure, and Notice of Grant of Interim Waiver
DEPARTMENT OF ENERGY Federal Register Volume 83, Issue 104 (May 30, 2018)
Federal Register Volume 83, Issue 104 (May 30, 2018)
| Page Range | 24767-24778 | |
| FR Document | 2018-11544 |
[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)] [Notices] [Pages 24767-24778] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11544] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY [Case No. 2017-013] Notice of Petition for Waiver of GD Midea Heating & Ventilating Equipment Co., Ltd. From the Department of Energy Central Air Conditioners and Heat Pumps Test Procedure, and Notice of Grant of Interim Waiver AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of petition for waiver and grant of an interim waiver, and request for comments. ----------------------------------------------------------------------- SUMMARY: This notice announces receipt of and publishes a petition for waiver from GD Midea Heating & Ventilating Equipment Co., Ltd. (GD Midea) seeking a waiver from the U.S. Department of Energy (DOE) test procedure for determining the efficiency of central air conditioners (CACs) and heat pumps (HPs). GD Midea seeks to use an alternate test procedure to address issues involved in testing certain basic models identified in its petition. According to GD Midea, the appendix M test procedure does not include a method for testing specified CAC and [[Page 24768]] HP basic models that use variable-speed compressors and are matched with a coil-only indoor unit (hereafter referred to as ``variable-speed coil-only single-split systems''). GD Midea requests that it be permitted to test its variable-speed coil-only single-split systems with the cooling full-load air volume rate used as both the cooling intermediate and minimum air volume rates, and the heating full-load air volume rate used as the heating intermediate air volume rate. This notice announces that DOE grants GD Midea an interim waiver from the DOE CAC and HP test procedure for its specified basic models, subject to use of the alternate test procedure as set forth in the Order. DOE solicits comments, data, and information concerning GD Midea's petition and the alternate test procedure. DATES: DOE will accept comments, data, and information with respect to the GD Midea petition until June 29, 2018. ADDRESSES: Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at http://www.regulations.gov. Follow the instructions for submitting comments. Alternatively, interested persons may submit comments, identified by case number ``2017-013'' and Docket number ``EERE-2017-BT-WAV-0060,'' by any of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Email: Midea2017WAV0060@ee.doe.gov. Include the case number [Case No. 2017-013] in the subject line of the message. Postal Mail: Ms. Lucy deButts, U.S. Department of Energy, Building Technologies Office, Mailstop EE-5B, Petition for Waiver Case No. 2017-013, 1000 Independence Avenue SW, Washington, DC 20585-0121. If possible, please submit all items on a compact disc (CD), in which case it is not necessary to include printed copies. Hand Delivery/Courier: Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, 950 L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. 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 telefacsimilies (faxes) will be accepted. For detailed instructions on submitting comments and additional information on this process, see section V of this document. Docket: The docket, which includes Federal Register notices, comments, and other supporting documents/materials, is available for review at http://www.regulations.gov. All documents in the docket are listed in the http://www.regulations.gov index. However, some documents listed in the index, such as those containing information that is exempt from public disclosure, may not be publicly available. The docket web page can be found at http://www.regulations.gov/docket?D=EERE-2017-BT-WAV-0060. The docket web page contains instruction on how to access all documents, including public comments, in the docket. See section V for information on how to submit comments through http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of Energy, Building Technologies Program, Mail Stop EE-5B, Forrestal Building, 1000 Independence Avenue SW, Washington, DC 20585-0121. Email: AS_Waiver_Requests@ee.doe.gov. Mr. Pete Cochran, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence Avenue SW, Washington, DC 20585-0103. Telephone: (202) 586-9496. Email: peter.cochran@hq.doe.gov. SUPPLEMENTARY INFORMATION: I. Background and Authority Title III, Part B \1\ of the Energy Policy and Conservation Act of 1975 (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 includes central air conditioners and heat pumps.\2\ Part B includes definitions, test procedures, labeling provisions, energy conservation standards, and the authority to require information and reports from manufacturers. Further, Part B requires the Secretary of Energy to prescribe test procedures that are reasonably designed to produce results that measure energy efficiency, energy use, or estimated operating costs during a representative average-use cycle, and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) The test procedure for central air conditioners and heat pumps is contained in 10 CFR part 430, subpart B, appendix M (referred to in this notice as ``appendix M''). --------------------------------------------------------------------------- \1\ For editorial reasons, upon codification in the U.S. Code, Part B was re-designated as Part A. \2\ All references to EPCA in this document refer to the statute as amended through the EPS Improvement Act of 2017, Public Law 115- 115 (January 12, 2018). --------------------------------------------------------------------------- DOE's regulations set forth at 10 CFR 430.27 contain provisions that allow a person to seek a waiver from the test procedure requirements for a particular basic model of a covered product when the petitioner's basic model for which the petition for waiver was submitted contains one or more design characteristics that either (1) prevent testing according to the prescribed test procedure, or (2) cause the prescribed test procedures to 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(a)(1). A petitioner must include in its petition any alternate test procedures known to the petitioner to evaluate the basic model in a manner representative of its energy consumption. 10 CFR 430.27(b)(1)(iii). DOE may grant a 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. As soon thereafter as practicable, DOE will publish in the Federal Register a final rule. 10 CFR 430.27(l). The waiver process also allows DOE to 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 on the 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. GD Midea's Petition for Waiver of Test Procedure and Application for Interim Waiver On October 27, 2017, GD Midea filed a petition for waiver and an application for interim waiver from the CAC and HP test procedure set forth in appendix M. According to GD Midea, appendix M does not include provisions for determining cooling intermediate air volume rate, cooling minimum air volume rate, and heating intermediate air volume rate for its variable-speed coil-only single-split systems. [[Page 24769]] Consequently, GD Midea cannot test or rate these systems in accordance with the DOE test procedure. GD Midea stated that its variable-speed outdoor units are non-communicative systems (i.e., the outdoor unit does not communicate with the indoor unit) for which compressor speed varies based only on controls located on the outdoor unit and the indoor unit maintains a constant indoor blower fan speed. GD Midea seeks to use an alternate test procedure to test and rate specific CAC and HP basic models of its variable-speed coil-only single-split systems, which would specify the use of cooling full-load air volume rates as determined in section 3.1.4.1.1.c of appendix M as cooling intermediate and cooling minimum air volume rates, and would specify the use of heating full-load air volume rates as determined in section 3.1.4.4.1.a of appendix M as heating intermediate air volume rate. GD Midea also requests an interim waiver from the existing DOE test procedure. An interim waiver may be granted if it appears likely that the petition for waiver will be granted, and/or if DOE determines that it would be desirable for public policy reasons to grant immediate relief pending a determination of the petition for waiver. See 10 CFR 430.27(e)(2). DOE understands that 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 M does not include provisions for determining certain air volume rates for variable-speed coil-only single-split systems. Typical variable-speed single-split systems have a communicating system, i.e., the outdoor units and indoor units communicate and indoor unit air flow varies based on the operation of the outdoor unit. However, as presented in GD Midea's petition, its variable-speed outdoor units are non-communicative systems and the indoor blower section maintains a constant indoor blower fan speed. III. Requested Alternate Test Procedure EPCA requires that manufacturers use DOE test procedures to make representations about the energy consumption and energy consumption costs of products covered by the statute. (42 U.S.C. 6293(c)) Consistent representations are important for manufacturers to use in making representations about the energy efficiency of their products and to demonstrate compliance with applicable DOE energy conservation standards. Pursuant to its regulations applicable to waivers and interim waivers from applicable test procedures at 10 CFR 430.27, and after consideration of public comments on the petition, DOE will consider setting an alternate test procedure for the equipment identified by GD Midea in a subsequent Decision and Order. In its petition, GD Midea requests that specified basic models listed in the petition be tested according to the test procedure for central CACs and HPs prescribed by DOE at appendix M, except that for coil-only systems, the cooling full-load air volume rate is also used as the cooling intermediate and cooling minimum air volume rates, and the heating full-load air volume rate is used as the heating intermediate air volume rate. IV. Summary of Grant of an Interim Waiver DOE has reviewed GD Midea's petition for interim waiver, the alternate procedure requested by GD Midea, and public-facing materials (e.g., marketing materials, product specification sheets, and installation manuals) for the units identified in its petition. The public-facing materials that DOE reviewed support GD Midea's assertion that the units it identifies are installed as variable-speed coil-only systems, in which the indoor fan speed remains constant at full and part-load operation. Since there is no variability in indoor fan speed, using the cooling full-load air volume rate for the cooling intermediate and cooling minimum air volume rates, and the heating full load air volume rate as the heating intermediate air volume rate appears appropriate. Based on this review, the alternate test procedure appears to allow for the accurate measurement of efficiency of these products, while alleviating the testing problems associated with GD Midea's implementation of CAC and HP testing for the basic models specified in GD Midea's petition. Consequently, GD Midea's petition for waiver will likely be granted. Furthermore, DOE has determined that it is desirable for public policy reasons to grant GD Midea immediate relief pending a determination on the petition for waiver. For the reasons stated above, DOE has granted an interim waiver to GD Midea for the specified CAC and HP basic models in GD Midea's petition. Therefore, DOE has issued an Order, stating: (1) GD Midea must test and rate the GD Midea Heating & Ventilating Equipment Co., Ltd brand and Bosch Thermotechnology Corp brand single- split CAC and HP basic models MOVA-36HDN1-M18M and MOVA-60HDN1-M18M (which contain individual combinations that each consist of an outdoor unit that uses a variable speed compressor matched with a coil-only indoor unit, and is designed to operate as part of a non-communicative system in which the compressor speed varies based only on controls located in the outdoor unit and the indoor blower unit maintains a constant indoor blower fan speed), using the alternate test procedure set forth in paragraph (2). GD Midea basic models MOVA-36HDN1-M18M and MOVA-60HDN1-M18M include the following individual combinations listed by brand name: -------------------------------------------------------------------------------------------------------------------------------------------------------- GD Midea Heating & Ventilating Equipment Co., LTD (Brand) Bosch Thermotechnology Corp (Brand) -------------------------------------------------------------------------------------------------------------------------------------------------------- Basic model No. Outdoor unit Indoor unit Basic model No. Outdoor unit Indoor unit -------------------------------------------------------------------------------------------------------------------------------------------------------- MOVA-36HDN1-M18M MOVA-36HDN1-M18M MC**2430ANTMOVA-36HDN1-M18M BOVA-36HDN1-M18M BMA*2430ANTD MOVA-36HDN1-M18M MOVA-36HDN1-M18M MC**2430BNTMOVA-36HDN1-M18M BOVA-36HDN1-M18M BMA*2430BNTD MOVA-36HDN1-M18M MOVA-36HDN1-M18M MC**3036ANTMOVA-36HDN1-M18M BOVA-36HDN1-M18M BMA*3036ANTD MOVA-36HDN1-M18M MOVA-36HDN1-M18M MC**3036BNTMOVA-36HDN1-M18M BOVA-36HDN1-M18M BMA*3036BNTD MOVA-36HDN1-M18M MOVA-36HDN1-M18M MC**3036CNTMOVA-36HDN1-M18M BOVA-36HDN1-M18M BMA*3036CNTD MOVA-60HDN1-M18M MOVA-60HDN1-M18M MC**4248BNTMOVA-60HDN1-M18M BOVA-60HDN1-M18M BMA*4248BNTF MOVA-60HDN1-M18M MOVA-60HDN1-M18M MC**4248CNTMOVA-60HDN1-M18M BOVA-60HDN1-M18M BMA*4248CNTF MOVA-60HDN1-M18M MOVA-60HDN1-M18M MC**4248DNTMOVA-60HDN1-M18M BOVA-60HDN1-M18M BMA*4248DNTF MOVA-60HDN1-M18M MOVA-60HDN1-M18M MC**4860CNTMOVA-60HDN1-M18M BOVA-60HDN1-M18M BMA*4860CNTF MOVA-60HDN1-M18M MOVA-60HDN1-M18M MC**4860DNTMOVA-60HDN1-M18M BOVA-60HDN1-M18M BMA*4860DNTF -------------------------------------------------------------------------------------------------------------------------------------------------------- (2) The applicable method of test for the GD Midea basic models identified in paragraph (1) is the test procedure for CACs and HPs prescribed by DOE at 10 CFR part 430, subpart B, appendix M, except that, for coil-only combinations: [[Page 24770]] The cooling full-load air volume rate as determined in section 3.1.4.1.1.c of appendix M shall also be used as the cooling intermediate and cooling minimum air volume rates, and the heating full-load air volume rate as determined in section 3.1.4.4.1.a of appendix M shall also be used as the heating intermediate air volume rate, as detailed below. All other requirements of appendix M and DOE's regulations remain applicable. In 3.1.4.2, Cooling Minimum Air Volume Rate, include: f. For ducted variable-speed compressor systems tested with a coil- only indoor unit, the cooling minimum air volume rate is the same as the cooling full-load air volume rate determined in section 3.1.4.1.1.c. In 3.1.4.3, Cooling Intermediate Air Volume Rate, include: d. For ducted variable-speed compressor systems tested with a coil- only indoor unit, the cooling intermediate air volume rate is the same as the cooling full-load air volume rate determined in section 3.1.4.1.1.c. In 3.1.4.6, Heating Intermediate Air Volume Rate, include: d. For ducted variable-speed compressor systems tested with a coil- only indoor unit, the heating intermediate air volume rate is the same as the heating full-load air volume rate determined in section 3.1.4.4.1.a. (3) Representations. GD Midea is permitted to make representations about the efficiency of basic models that meet the requirements of paragraph (1) for compliance, marketing, or other purposes only to the extent that the basic model has been tested in accordance with the provisions set forth in the alternate test procedure and such representations fairly disclose the results of such testing in accordance with 10 CFR 429.16 and 10 CFR part 430, subpart B, appendix M. (4) This interim waiver shall remain in effect consistent with the provisions of 10 CFR 430.27(h) and (k). (5) This interim waiver is issued to GC Midea on the condition that the statements, representations, and documentary materials provided by the petitioner are valid. If GD Midea makes any modifications to the controls or configurations of these basic models, the waiver would no longer be valid and GD Midea would either be required to use the current Federal test method or submit a new application for a test procedure waiver. DOE may revoke or modify this waiver at any time if it determines the factual basis underlying the petition for waiver is incorrect, or the results from the alternate test procedure are unrepresentative of the basic models' true energy consumption characteristics. (6) Granting of this interim waiver does not release GD Midea from the certification requirements set forth at 10 CFR part 429. DOE makes decisions on waivers and interim waivers for only those basic models specifically set out in the petition, not future basic models that may be manufactured by the petitioner. GD Midea may submit a new or amended petition for waiver and request for grant of interim waiver, as appropriate, for additional basic models of central air conditioners and heat pumps. Alternatively, if appropriate, GD Midea may request that DOE extend the scope of a waiver or an interim waiver to include additional basic models employing the same technology as the basic model(s) set forth in the original petition consistent with 10 CFR 430.27(g). V. Request for Comments DOE is publishing GD Midea's petition for waiver in its entirety, pursuant to 10 CFR 430.27(b)(1)(iv). The petition did not identify any information as confidential business information. The petition includes a suggested alternate test procedure, as specified in section III of this notice, to determine the energy consumption of GD Midea's specified CAC and HP basic models. DOE may consider including the alternate procedure specified in the Order in a subsequent Decision and Order. DOE invites all interested parties to submit in writing by June 29, 2018, 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 Jack Wang, Certification Engineer, GD Midea Heating & Ventilating Equipment Co., Ltd., Midea Industrial City, Beijiao, Shunde District Foshan, Guangdong, P.R.C. 528311, chao7.wang@midea.com.cn. Submitting comments via http://www.regulations.gov. The http://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 http://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 http://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 http://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 http://www.regulations.gov provides after you have successfully uploaded your comment. Submitting comments via email, hand delivery, or mail. Comments and documents submitted via email, hand delivery, or mail also will be posted to http://www.regulations.gov. If you do not want your personal contact information to be publicly viewable, do not include it in your comment or any accompanying documents. Instead, provide your contact information on a cover letter. Include your first and last names, email address, telephone number, and optional mailing address. The cover letter will not be publicly viewable as long as it does not include any comments. Include contact information each time you submit comments, data, documents, and other information to DOE. If you submit via mail or hand delivery, please provide all items on a CD, if feasible. It is not necessary to submit printed [[Page 24771]] copies. No facsimiles (faxes) will be accepted. Comments, data, and other information submitted to DOE electronically should be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format. Provide documents that are not secured, written in English and free of any defects or viruses. Documents should not contain special characters or any form of encryption and, if possible, they should carry the electronic signature of the author. Campaign form letters. Please submit campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters' names compiled into one or more PDFs. This reduces comment processing and posting time. Confidential Business Information. According to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit via email, postal mail, or hand delivery 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. Factors of interest to DOE when evaluating requests to treat submitted information as confidential include (1) a description of the items, (2) whether and why such items are customarily treated as confidential within the industry, (3) whether the information is generally known by or available from other sources, (4) whether the information has previously been made available to others without obligation concerning its confidentiality, (5) an explanation of the competitive injury to the submitting person which would result from public disclosure, (6) when such information might lose its confidential character due to the passage of time, and (7) why disclosure of the information would be contrary to the public interest. 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). Signed in Washington, DC, on May 17, 2018. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. BILLING CODE 6450-01-P [[Page 24772]] [GRAPHIC] [TIFF OMITTED] TN30MY18.019 [[Page 24773]] [GRAPHIC] [TIFF OMITTED] TN30MY18.020 [[Page 24774]] [GRAPHIC] [TIFF OMITTED] TN30MY18.021 [[Page 24775]] [GRAPHIC] [TIFF OMITTED] TN30MY18.022 [[Page 24776]] [GRAPHIC] [TIFF OMITTED] TN30MY18.023 [[Page 24777]] [GRAPHIC] [TIFF OMITTED] TN30MY18.024 [[Page 24778]] [FR Doc. 2018-11544 Filed 5-29-18; 8:45 am] BILLING CODE 6450-01-C
![Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices 24767
AeroSys TTWC–R**H Series units are sold in Appendix I according to the test May 29, 2017
and intended for use only with blower coil procedure for central air conditioners
indoor units. To see a list of approved air APPENDIX I
and heat pumps prescribed by DOE at
handlers please go to www.aerosysinc.com/ The waiver and interim waiver
10 C.F.R. part 430, subpart B, Appendix
certified-ratings.6
M or Appendix M1 (when effective), as requested herein should apply to testing
Such statements also are on the applicable, except as follows: and rating of the following basic
AeroSys website 7 and in Installation, The basic models shall not be subject models.
Operation, and Maintenance Manuals.8 to coil-only testing or rating and shall THDC–18PGA, THDC–18PGB, THDC–
Testing these models with coil-only instead be tested using a blower-coil test 18RGA, THDC–18SGB, THDC–18TGB,
combinations, rather than in the in accordance with 10 C.F.R. part 430, THDC–24PGA, THDC–24PGB, THDC–
intended manner with blower coil subpart B, Appendix M or Appendix M1 24RGA, THDC–24SGB, THDC–24TGB,
indoor units, will overstate energy usage (when effective), as applicable. The THDC–30PGB, THDC–30RGA, THDC–
and thus would not reflect the models’ waiver should continue until DOE 30SGB, THDC–30TGB, TTWC–R18P21,
true energy characteristics. That is adopts an applicable amended test TTWC–R18R21, TTWC–R18S21,
because the default value for wattage in procedure. TTWC–R18T21, TTWC–R24P21,
coil-only testing exceeds the actual TTWC–R24R21, TTWC–R24S21,
wattage of the high efficiency motors IV. Request for Interim Waiver.
TTWC–R24T21, TTWC–R30P21,
used in the AeroSys models. AeroSys also requests an interim TTWC–R30R21, TTWC–R30S21,
DOE has addressed this situation and waiver for its testing and rating of the TTWC–R30T21, TTWH–R18H21,
recently solicited waiver requests to foregoing basic models. DOE ‘‘will grant TTWH–R24H21, TTWH–R30H21,
deal with it.9 DOE acknowledged that an interim waiver’’ if it appears likely TTWC–R36H21
the text of its current regulations does that the petition for waiver will be
not provide for an exclusion for coil- granted and/or if DOE determines that it APPENDIX II
only testing for blower coil indoor units. would be desirable for public policy The following are manufacturers of all
It then solicited waiver requests to reasons to grant immediate relief other basic models distributed in
remedy the problem: pending a determination on the petition commerce in the United States and
If a manufacturer believes that coil-only for waiver.8 AeroSys warrants an known to AeroSys to incorporate design
testing of a product is not appropriate interim waiver under these criteria. characteristic(s) similar to those found
because the basic model is only sold and The petition for waiver is likely to be in the basic model(s) that are the subject
installed exclusively with blower coil indoor granted, as evidenced by its merits. And
units, the manufacturer may petition DOE for
of the petition for waiver.
immediate relief is warranted based on First Co.
a test procedure waiver showing that
installation is exclusively blower coil and public policy reasons. Without waiver
relief, AeroSys will be subject to National Comfort Products
requesting a blower coil test.
requirements that should not apply to [FR Doc. 2018–11543 Filed 5–29–18; 8:45 am]
This reasoning applies squarely to such products. These useful products BILLING CODE 6450–01–P
AeroSys’ situation. AeroSys has will be effectively eliminated, causing
conferred with DOE about applying for grave economic hardship for AeroSys
a waiver. and negative effects for housing. DEPARTMENT OF ENERGY
Requiring testing of the models in
Appendix I with coil-only combinations V. Other Manufacturers. [Case No. 2017–013]
will effectively eliminate such products A list of manufacturers of all other
due to the default value for wattage in Notice of Petition for Waiver of GD
basic models distributed in commerce Midea Heating & Ventilating Equipment
coil-only testing. It will cause grave in the United States and known to
economic hardship for AeroSys— Co., Ltd. From the Department of
AeroSys to incorporate design Energy Central Air Conditioners and
jeopardizing the company’s viability. It characteristic(s) similar to those found
will also create substantial difficulty for Heat Pumps Test Procedure, and
in the basic model(s) that are the subject Notice of Grant of Interim Waiver
the housing industry, which will be of the petition is set forth in Appendix
deprived of these beneficial products. II. AGENCY: Office of Energy Efficiency and
III. Proposed Alternate Test Procedure. Renewable Energy, Department of
VI. Conclusion. Energy.
AeroSys proposes the following DOE should grant AeroSys the
alternate test procedure to evaluate the ACTION: Notice of petition for waiver and
requested waiver and interim waiver for grant of an interim waiver, and request
performance of the basic models listed the models listed in Appendix I.
in Appendix I. for comments.
Further, AeroSys requests expedited
AeroSys shall be required to test the treatment of the Petition and SUMMARY: This notice announces receipt
performance of the basic models listed Application. It is also willing to provide of and publishes a petition for waiver
6 See AeroSys Sales Brochure, Thru-The-Wall
promptly any additional information the from GD Midea Heating & Ventilating
TTWC–R Series Condensing Unit Catalog, 1–1/2 To Department thinks it needs to act with Equipment Co., Ltd. (GD Midea) seeking
2–1/2 Ton Capacity, at http://www.aerosysinc.com/ expedition. a waiver from the U.S. Department of
files/170523%20SALES%20LIT/TTWC-Condensing
Respectfully submitted, Energy (DOE) test procedure for
%20Unit%201.5%20TO%202.5%20TON determining the efficiency of central air
%20CATALOG%20R170526.pdf. Scott Blake Harris
conditioners (CACs) and heat pumps
sradovich on DSK3GMQ082PROD with NOTICES
7 See http://www.aerosysinc.com/products/1/ John A. Hodges
thru-the-wall-condensing-1-to-25-ton. Harris, Wiltshire & Grannis LLP (HPs). GD Midea seeks to use an
8 See AeroSys Installation Operation and
1919 M Street NW, 8th Floor Washington, DC alternate test procedure to address
Maintenance Manual, TTWC Series Through-The- 20036 issues involved in testing certain basic
Wall Condensing Units, at http:// (202) 730–1330 models identified in its petition.
www.aerosysinc.com/files/IOM%20TTW
%20R170524/TTWC-R()X%20IOM%201.5%20TO Counsel to AeroSys Inc. According to GD Midea, the appendix M
%202.5%20TON%20R052317.pdf. test procedure does not include a
9 82 Fed. Reg. at 1462. 8 Id. § 430.27(e)(2). method for testing specified CAC and
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![24768 Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
HP basic models that use variable-speed http://www.regulations.gov. All person to seek a waiver from the test
compressors and are matched with a documents in the docket are listed in procedure requirements for a particular
coil-only indoor unit (hereafter referred the http://www.regulations.gov index. basic model of a covered product when
to as ‘‘variable-speed coil-only single- However, some documents listed in the the petitioner’s basic model for which
split systems’’). GD Midea requests that index, such as those containing the petition for waiver was submitted
it be permitted to test its variable-speed information that is exempt from public contains one or more design
coil-only single-split systems with the disclosure, may not be publicly characteristics that either (1) prevent
cooling full-load air volume rate used as available. testing according to the prescribed test
both the cooling intermediate and The docket web page can be found at procedure, or (2) cause the prescribed
minimum air volume rates, and the http://www.regulations.gov/ test procedures to evaluate the basic
heating full-load air volume rate used as docket?D=EERE-2017-BT-WAV-0060. model in a manner so unrepresentative
the heating intermediate air volume The docket web page contains of its true energy consumption
rate. This notice announces that DOE instruction on how to access all characteristics as to provide materially
grants GD Midea an interim waiver from documents, including public comments, inaccurate comparative data. 10 CFR
the DOE CAC and HP test procedure for in the docket. See section V for 430.27(a)(1). A petitioner must include
its specified basic models, subject to use information on how to submit in its petition any alternate test
of the alternate test procedure as set comments through http:// procedures known to the petitioner to
forth in the Order. DOE solicits www.regulations.gov. evaluate the basic model in a manner
comments, data, and information representative of its energy
FOR FURTHER INFORMATION CONTACT: Ms.
concerning GD Midea’s petition and the consumption. 10 CFR 430.27(b)(1)(iii).
Lucy deButts, U.S. Department of DOE may grant a waiver subject to
alternate test procedure. Energy, Building Technologies Program, conditions, including adherence to
DATES: DOE will accept comments, data, Mail Stop EE–5B, Forrestal Building, alternate test procedures. 10 CFR
and information with respect to the GD 1000 Independence Avenue SW, 430.27(f)(2). As soon as practicable after
Midea petition until June 29, 2018. Washington, DC 20585–0121. Email: the granting of any waiver, DOE will
ADDRESSES: Interested persons are AS_Waiver_Requests@ee.doe.gov. publish in the Federal Register a notice
encouraged to submit comments using Mr. Pete Cochran, U.S. Department of of proposed rulemaking to amend its
the Federal eRulemaking Portal at Energy, Office of the General Counsel, regulations so as to eliminate any need
http://www.regulations.gov. Follow the Mail Stop GC–33, Forrestal Building, for the continuation of such waiver. As
instructions for submitting comments. 1000 Independence Avenue SW, soon thereafter as practicable, DOE will
Alternatively, interested persons may Washington, DC 20585–0103. publish in the Federal Register a final
submit comments, identified by case Telephone: (202) 586–9496. Email: rule. 10 CFR 430.27(l).
number ‘‘2017–013’’ and Docket number peter.cochran@hq.doe.gov. The waiver process also allows DOE
‘‘EERE–2017–BT–WAV–0060,’’ by any SUPPLEMENTARY INFORMATION: to grant an interim waiver if it appears
of the following methods: likely that the petition for waiver will be
• Federal eRulemaking Portal: http:// I. Background and Authority
granted and/or if DOE determines that it
www.regulations.gov. Follow the Title III, Part B 1 of the Energy Policy would be desirable for public policy
instructions for submitting comments. and Conservation Act of 1975 (EPCA), reasons to grant immediate relief
• Email: Midea2017WAV0060@ Public Law 94–163 (42 U.S.C. 6291– pending a determination on the petition
ee.doe.gov. Include the case number 6309, as codified) established the for waiver. 10 CFR 430.27(e)(2). Within
[Case No. 2017–013] in the subject line Energy Conservation Program for one year of issuance of an interim
of the message. Consumer Products Other Than waiver, DOE will either: (i) Publish in
• Postal Mail: Ms. Lucy deButts, U.S. Automobiles, which includes central air the Federal Register a determination on
Department of Energy, Building conditioners and heat pumps.2 Part B the petition for waiver; or (ii) publish in
Technologies Office, Mailstop EE–5B, includes definitions, test procedures, the Federal Register a new or amended
Petition for Waiver Case No. 2017–013, labeling provisions, energy conservation test procedure that addresses the issues
1000 Independence Avenue SW, standards, and the authority to require presented in the waiver. 10 CFR
Washington, DC 20585–0121. If information and reports from 430.27(h)(1). When DOE amends the test
possible, please submit all items on a manufacturers. Further, Part B requires procedure to address the issues
compact disc (CD), in which case it is the Secretary of Energy to prescribe test presented in a waiver, the waiver will
not necessary to include printed copies. procedures that are reasonably designed automatically terminate on the date on
• Hand Delivery/Courier: Appliance to produce results that measure energy which use of that test procedure is
and Equipment Standards Program, U.S. efficiency, energy use, or estimated required to demonstrate compliance. 10
Department of Energy, Building operating costs during a representative CFR 430.27(h)(2).
Technologies Office, 950 L’Enfant Plaza average-use cycle, and that are not
SW, 6th Floor, Washington, DC 20024. unduly burdensome to conduct. (42 II. GD Midea’s Petition for Waiver of
Telephone: (202) 287–1445. If possible, U.S.C. 6293(b)(3)) The test procedure for Test Procedure and Application for
please submit all items on a CD, in central air conditioners and heat pumps Interim Waiver
which case it is not necessary to include is contained in 10 CFR part 430, subpart On October 27, 2017, GD Midea filed
printed copies. B, appendix M (referred to in this notice a petition for waiver and an application
No telefacsimilies (faxes) will be as ‘‘appendix M’’). for interim waiver from the CAC and HP
accepted. For detailed instructions on DOE’s regulations set forth at 10 CFR test procedure set forth in appendix M.
sradovich on DSK3GMQ082PROD with NOTICES
submitting comments and additional 430.27 contain provisions that allow a According to GD Midea, appendix M
information on this process, see section does not include provisions for
V of this document. 1 For editorial reasons, upon codification in the
determining cooling intermediate air
Docket: The docket, which includes U.S. Code, Part B was re-designated as Part A. volume rate, cooling minimum air
2 All references to EPCA in this document refer
Federal Register notices, comments, to the statute as amended through the EPS
volume rate, and heating intermediate
and other supporting documents/ Improvement Act of 2017, Public Law 115–115 air volume rate for its variable-speed
materials, is available for review at (January 12, 2018). coil-only single-split systems.
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![24778 Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices
[FR Doc. 2018–11544 Filed 5–29–18; 8:45 am] 1902–0170, should be sent via email to Type of Request: Three-year extension
BILLING CODE 6450–01–C the Office of Information and Regulatory of the FERC–716 information collection
Affairs: oira_submission@omb.gov. requirements with no changes to the
Attention: Federal Energy Regulatory current reporting requirements.
DEPARTMENT OF ENERGY Commission Desk Officer. The Desk Abstract: The Commission uses the
Officer may also be reached via information collected under the
Federal Energy Regulatory telephone at 202–395–8528. requirements of FERC–716 to
Commission A copy of the comments should also implement the statutory provisions of
[Docket No. IC18–8–000] be sent to the Commission, in Docket sections 211 and section 213 of the
No. IC18–8–000, by either of the Federal Power Act as amended and
Commission Information Collection following methods: added by the Energy Policy Act 1992.
Activities (FERC–716); Comment • eFiling at Commission’s Website: FERC–716 also includes the
Request http://www.ferc.gov/docs-filing/ requirement to file a section 211 request
efiling.asp. if the negotiations between the
AGENCY: Federal Energy Regulatory
Commission, Department of Energy. • Mail/Hand Delivery/Courier: transmission requestor and the
Federal Energy Regulatory Commission, transmitting utility are unsuccessful.
ACTION: Comment request.
Secretary of the Commission, 888 First For the initial process, the information
SUMMARY: In compliance with the Street NE, Washington, DC 20426. is not filed with the Commission.
requirements of the Paperwork Instructions: All submissions must be However, the request and response may
Reduction Act of 1995, the Federal formatted and filed in accordance with be analyzed as a part of a section 211
Energy Regulatory Commission submission guidelines at: http:// action. The Commission may order
(Commission or FERC) is submitting its www.ferc.gov/help/submission- transmission services under the
information collection [FERC–716, Good guide.asp. For user assistance contact authority of FPA 211.
Faith Requests for Transmission Service FERC Online Support by email at The Commission’s regulations in the
and Good Faith Responses by ferconlinesupport@ferc.gov, or by phone Code of Federal Regulations (CFR), 18
Transmitting Utilities Under Sections at: (866) 208–3676 (toll-free), or (202) CFR 2.20, provide standards by which
211(a) and 213(a) of the Federal Power 502–8659 for TTY. the Commission determines if and when
Act (FPA)] to the Office of Management Docket: Users interested in receiving a valid good faith request for
and Budget (OMB) for review of the automatic notification of activity in this transmission has been made under
information collection requirements. docket or in viewing/downloading section 211 of the FPA. By developing
Any interested person may file comments and issuances in this docket the standards, the Commission sought to
comments directly with OMB and may do so at http://www.ferc.gov/docs- encourage an open exchange of data
should address a copy of those filing/docs-filing.asp. with a reasonable degree of specificity
comments to the Commission as FOR FURTHER INFORMATION CONTACT: and completeness between the party
explained below. The Commission Ellen Brown may be reached by email requesting transmission services and the
previously published a Notice in the at DataClearance@FERC.gov, by transmitting utility. As a result, 18 CFR
Federal Register on 2/7/2018 requesting telephone at (202) 502–8663, and by fax 2.20 identifies 12 components of a good
public comments. The Commission at (202) 273–0873. faith estimate and 5 components of a
received no comments on the FERC–716 SUPPLEMENTARY INFORMATION: reply to a good faith request.
and is making this notation in its Title: FERC–716, Good Faith Requests Type of Respondents: Transmission
submittal to OMB. for Transmission Service and Good Requestors and Transmitting Utilities.
DATES: Comments on the collection of Faith Responses by Transmitting Estimate of Annual Burden1: The
information are due by June 29, 2018. Utilities Under Sections 211(a) and Commission estimates the annual public
ADDRESSES: Comments filed with OMB, 213(a) of the Federal Power Act (FPA). reporting burden for the information
identified by the OMB Control No. OMB Control No.: 1902–0170. collection as:
FERC–716
[Good Faith Requests for Transmission Service and Good Faith Responses by Transmitting Utilities Under Sections 211(a) and 213(a) of the
Federal Power Act (FPA)]
Annual Total annual Cost per
Number of number of Total number Average burden & burden hours & respondent
respondents responses per of responses cost per response 2 total annual cost ($)
respondent
(1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) ÷ (1)
Information exchange 3 1 3 100 hrs.; $7,650 .... 300 hrs.; $22,950 ........... $7,650
between parties.
Application submitted 3 1 3 2.5 hrs.; $191.25 ... 7.5 hrs.; $573.75 ............ 191.25
to FERC if parties’
negotiations are un-
sradovich on DSK3GMQ082PROD with NOTICES
successful.
1 Burden is defined as the total time, effort, or collection burden, refer to 5 Code of Federal Response. The cost per hour figure is the FERC
financial resources expended by persons to Regulations 1320.3. 2017 average salary plus benefits. Subject matter
generate, maintain, retain, or disclose or provide 2 The estimates for cost per response are derived experts found that industry employment costs
information to or for a Federal agency. For further using the following formula: Average Burden Hours closely resemble FERC’s regarding the FERC–716
explanation of what is included in the information per Response * $76.50 per Hour = Average Cost per information collection.
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Document Created: 2018-05-30 01:01:42
Document Modified: 2018-05-30 01:01:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of petition for waiver and grant of an interim waiver, and request for comments. | |
| Dates | DOE will accept comments, data, and information with respect to the GD Midea petition until June 29, 2018. | |
| Contact | Ms. Lucy deButts, U.S. Department of Energy, Building Technologies Program, Mail Stop EE-5B, Forrestal Building, 1000 Independence Avenue SW, Washington, DC 20585-0121. Email: [email protected] | |
| FR Citation | 83 FR 24767 |
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