83_FR_24871 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

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)

Page Range24767-24778
FR Document2018-11544

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 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.

Federal Register, Volume 83 Issue 104 (Wednesday, May 30, 2018)
[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]


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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.

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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'').
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    \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

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[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
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                                                   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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                                                                            Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices                                                    24769

                                                Consequently, GD Midea cannot test or                   systems and the indoor blower section                 which the indoor fan speed remains
                                                rate these systems in accordance with                   maintains a constant indoor blower fan                constant at full and part-load operation.
                                                the DOE test procedure. GD Midea                        speed.                                                Since there is no variability in indoor
                                                stated that its variable-speed outdoor                                                                        fan speed, using the cooling full-load air
                                                                                                        III. Requested Alternate Test Procedure
                                                units are non-communicative systems                                                                           volume rate for the cooling intermediate
                                                (i.e., the outdoor unit does not                           EPCA requires that manufacturers use               and cooling minimum air volume rates,
                                                communicate with the indoor unit) for                   DOE test procedures to make                           and the heating full load air volume rate
                                                which compressor speed varies based                     representations about the energy                      as the heating intermediate air volume
                                                only on controls located on the outdoor                 consumption and energy consumption                    rate appears appropriate. Based on this
                                                unit and the indoor unit maintains a                    costs of products covered by the statute.             review, the alternate test procedure
                                                constant indoor blower fan speed.                       (42 U.S.C. 6293(c)) Consistent                        appears to allow for the accurate
                                                   GD Midea seeks to use an alternate                   representations are important for                     measurement of efficiency of these
                                                test procedure to test and rate specific                manufacturers to use in making                        products, while alleviating the testing
                                                CAC and HP basic models of its                          representations about the energy                      problems associated with GD Midea’s
                                                variable-speed coil-only single-split                   efficiency of their products and to                   implementation of CAC and HP testing
                                                systems, which would specify the use of                 demonstrate compliance with                           for the basic models specified in GD
                                                cooling full-load air volume rates as                   applicable DOE energy conservation                    Midea’s petition. Consequently, GD
                                                determined in section 3.1.4.1.1.c of                    standards. Pursuant to its regulations                Midea’s petition for waiver will likely
                                                appendix M as cooling intermediate and                  applicable to waivers and interim                     be granted. Furthermore, DOE has
                                                                                                        waivers from applicable test procedures               determined that it is desirable for public
                                                cooling minimum air volume rates, and
                                                                                                        at 10 CFR 430.27, and after                           policy reasons to grant GD Midea
                                                would specify the use of heating full-
                                                                                                        consideration of public comments on                   immediate relief pending a
                                                load air volume rates as determined in
                                                                                                        the petition, DOE will consider setting               determination on the petition for
                                                section 3.1.4.4.1.a of appendix M as
                                                                                                        an alternate test procedure for the                   waiver. For the reasons stated above,
                                                heating intermediate air volume rate.
                                                                                                        equipment identified by GD Midea in a                 DOE has granted an interim waiver to
                                                   GD Midea also requests an interim                    subsequent Decision and Order.
                                                waiver from the existing DOE test                                                                             GD Midea for the specified CAC and HP
                                                                                                           In its petition, GD Midea requests that
                                                procedure. An interim waiver may be                                                                           basic models in GD Midea’s petition.
                                                                                                        specified basic models listed in the
                                                granted if it appears likely that the                   petition be tested according to the test                Therefore, DOE has issued an Order,
                                                petition for waiver will be granted, and/               procedure for central CACs and HPs                    stating:
                                                or if DOE determines that it would be                   prescribed by DOE at appendix M,                        (1) GD Midea must test and rate the
                                                desirable for public policy reasons to                  except that for coil-only systems, the                GD Midea Heating & Ventilating
                                                grant immediate relief pending a                        cooling full-load air volume rate is also             Equipment Co., Ltd brand and Bosch
                                                determination of the petition for waiver.               used as the cooling intermediate and                  Thermotechnology Corp brand single-
                                                See 10 CFR 430.27(e)(2).                                cooling minimum air volume rates, and                 split CAC and HP basic models MOVA–
                                                   DOE understands that absent an                       the heating full-load air volume rate is              36HDN1–M18M and MOVA–60HDN1–
                                                interim waiver, the specified variable-                 used as the heating intermediate air                  M18M (which contain individual
                                                speed coil-only single-split models that                volume rate.                                          combinations that each consist of an
                                                are subject of the waiver cannot be                                                                           outdoor unit that uses a variable speed
                                                tested under the existing test procedure                IV. Summary of Grant of an Interim                    compressor matched with a coil-only
                                                because appendix M does not include                     Waiver                                                indoor unit, and is designed to operate
                                                provisions for determining certain air                    DOE has reviewed GD Midea’s                         as part of a non-communicative system
                                                volume rates for variable-speed coil-                   petition for interim waiver, the alternate            in which the compressor speed varies
                                                only single-split systems. Typical                      procedure requested by GD Midea, and                  based only on controls located in the
                                                variable-speed single-split systems have                public-facing materials (e.g., marketing              outdoor unit and the indoor blower unit
                                                a communicating system, i.e., the                       materials, product specification sheets,              maintains a constant indoor blower fan
                                                outdoor units and indoor units                          and installation manuals) for the units               speed), using the alternate test
                                                communicate and indoor unit air flow                    identified in its petition. The public-               procedure set forth in paragraph (2).
                                                varies based on the operation of the                    facing materials that DOE reviewed                      GD Midea basic models MOVA–
                                                outdoor unit. However, as presented in                  support GD Midea’s assertion that the                 36HDN1–M18M and MOVA–60HDN1–
                                                GD Midea’s petition, its variable-speed                 units it identifies are installed as                  M18M include the following individual
                                                outdoor units are non-communicative                     variable-speed coil-only systems, in                  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**2430ANTF           MOVA–36HDN1–M18M         BOVA–36HDN1–M18M               BMA*2430ANTD
                                                 MOVA–36HDN1–M18M           MOVA–36HDN1–M18M                  MC**2430BNTF           MOVA–36HDN1–M18M         BOVA–36HDN1–M18M               BMA*2430BNTD
                                                 MOVA–36HDN1–M18M           MOVA–36HDN1–M18M                  MC**3036ANTD           MOVA–36HDN1–M18M         BOVA–36HDN1–M18M               BMA*3036ANTD
                                                 MOVA–36HDN1–M18M           MOVA–36HDN1–M18M                  MC**3036BNTD           MOVA–36HDN1–M18M         BOVA–36HDN1–M18M               BMA*3036BNTD
                                                 MOVA–36HDN1–M18M           MOVA–36HDN1–M18M                  MC**3036CNTD           MOVA–36HDN1–M18M         BOVA–36HDN1–M18M               BMA*3036CNTD
                                                 MOVA–60HDN1–M18M           MOVA–60HDN1–M18M                  MC**4248BNTF           MOVA–60HDN1–M18M         BOVA–60HDN1–M18M               BMA*4248BNTF
                                                 MOVA–60HDN1–M18M           MOVA–60HDN1–M18M                  MC**4248CNTF           MOVA–60HDN1–M18M         BOVA–60HDN1–M18M               BMA*4248CNTF
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                                                 MOVA–60HDN1–M18M           MOVA–60HDN1–M18M                  MC**4248DNTF           MOVA–60HDN1–M18M         BOVA–60HDN1–M18M               BMA*4248DNTF
                                                 MOVA–60HDN1–M18M           MOVA–60HDN1–M18M                  MC**4860CNTF           MOVA–60HDN1–M18M         BOVA–60HDN1–M18M               BMA*4860CNTF
                                                 MOVA–60HDN1–M18M           MOVA–60HDN1–M18M                  MC**4860DNTF           MOVA–60HDN1–M18M         BOVA–60HDN1–M18M               BMA*4860DNTF



                                                  (2) The applicable method of test for                 paragraph (1) is the test procedure for               CFR part 430, subpart B, appendix M,
                                                the GD Midea basic models identified in                 CACs and HPs prescribed by DOE at 10                  except that, for coil-only combinations:



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                                                24770                       Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices

                                                The cooling full-load air volume rate as                basic models’ true energy consumption                 information to contact you. If DOE
                                                determined in section 3.1.4.1.1.c of                    characteristics.                                      cannot read your comment due to
                                                appendix M shall also be used as the                      (6) Granting of this interim waiver                 technical difficulties and cannot contact
                                                cooling intermediate and cooling                        does not release GD Midea from the                    you for clarification, DOE may not be
                                                minimum air volume rates, and the                       certification requirements set forth at 10            able to consider your comment.
                                                heating full-load air volume rate as                    CFR part 429.                                            However, your contact information
                                                determined in section 3.1.4.4.1.a of                      DOE makes decisions on waivers and                  will be publicly viewable if you include
                                                appendix M shall also be used as the                    interim waivers for only those basic                  it in the comment or in any documents
                                                heating intermediate air volume rate, as                models specifically set out in the                    attached to your comment. Any
                                                detailed below. All other requirements                  petition, not future basic models that                information that you do not want to be
                                                of appendix M and DOE’s regulations                     may be manufactured by the petitioner.                publicly viewable should not be
                                                remain applicable.                                      GD Midea may submit a new or                          included in your comment, nor in any
                                                  In 3.1.4.2, Cooling Minimum Air                       amended petition for waiver and request               document attached to your comment.
                                                Volume Rate, include:                                   for grant of interim waiver, as                       Persons viewing comments will see only
                                                  f. For ducted variable-speed                          appropriate, for additional basic models              first and last names, organization
                                                compressor systems tested with a coil-                  of central air conditioners and heat                  names, correspondence containing
                                                only indoor unit, the cooling minimum                   pumps. Alternatively, if appropriate, GD              comments, and any documents
                                                air volume rate is the same as the                      Midea may request that DOE extend the                 submitted with the comments.
                                                cooling full-load air volume rate                       scope of a waiver or an interim waiver                   Do not submit to http://
                                                determined in section 3.1.4.1.1.c.                      to include additional basic models                    www.regulations.gov information for
                                                  In 3.1.4.3, Cooling Intermediate Air                  employing the same technology as the                  which disclosure is restricted by statute,
                                                Volume Rate, include:                                   basic model(s) set forth in the original              such as trade secrets and commercial or
                                                  d. For ducted variable-speed                          petition consistent with 10 CFR                       financial information (hereinafter
                                                compressor systems tested with a coil-                  430.27(g).                                            referred to as Confidential Business
                                                only indoor unit, the cooling
                                                                                                        V. Request for Comments                               Information (CBI)). Comments
                                                intermediate air volume rate is the same
                                                                                                           DOE is publishing GD Midea’s                       submitted through http://
                                                as the cooling full-load air volume rate
                                                                                                        petition for waiver in its entirety,                  www.regulations.gov cannot be claimed
                                                determined in section 3.1.4.1.1.c.
                                                                                                        pursuant to 10 CFR 430.27(b)(1)(iv). The              as CBI. Comments received through the
                                                  In 3.1.4.6, Heating Intermediate Air
                                                                                                        petition did not identify any                         website will waive any CBI claims for
                                                Volume Rate, include:
                                                  d. For ducted variable-speed                          information as confidential business                  the information submitted. For
                                                compressor systems tested with a coil-                  information. The petition includes a                  information on submitting CBI, see the
                                                only indoor unit, the heating                           suggested alternate test procedure, as                Confidential Business Information
                                                intermediate air volume rate is the same                specified in section III of this notice, to           section.
                                                as the heating full-load air volume rate                determine the energy consumption of                      DOE processes submissions made
                                                determined in section 3.1.4.4.1.a.                      GD Midea’s specified CAC and HP basic                 through http://www.regulations.gov
                                                  (3) Representations. GD Midea is                      models. DOE may consider including                    before posting. Normally, comments
                                                permitted to make representations about                 the alternate procedure specified in the              will be posted within a few days of
                                                the efficiency of basic models that meet                Order in a subsequent Decision and                    being submitted. However, if large
                                                the requirements of paragraph (1) for                   Order.                                                volumes of comments are being
                                                compliance, marketing, or other                            DOE invites all interested parties to              processed simultaneously, your
                                                purposes only to the extent that the                    submit in writing by June 29, 2018,                   comment may not be viewable for up to
                                                basic model has been tested in                          comments and information on all                       several weeks. Please keep the comment
                                                accordance with the provisions set forth                aspects of the petition, including the                tracking number that http://
                                                in the alternate test procedure and such                alternate test procedure. Pursuant to 10              www.regulations.gov provides after you
                                                representations fairly disclose the                     CFR 430.27(d), any person submitting                  have successfully uploaded your
                                                results of such testing in accordance                   written comments to DOE must also                     comment.
                                                with 10 CFR 429.16 and 10 CFR part                      send a copy of such comments to the                      Submitting comments via email, hand
                                                430, subpart B, appendix M.                             petitioner. The contact information for               delivery, or mail. Comments and
                                                  (4) This interim waiver shall remain                  the petitioner is Jack Wang, Certification            documents submitted via email, hand
                                                in effect consistent with the provisions                Engineer, GD Midea Heating &                          delivery, or mail also will be posted to
                                                of 10 CFR 430.27(h) and (k).                            Ventilating Equipment Co., Ltd., Midea                http://www.regulations.gov. If you do
                                                  (5) This interim waiver is issued to                  Industrial City, Beijiao, Shunde District             not want your personal contact
                                                GC Midea on the condition that the                      Foshan, Guangdong, P.R.C. 528311,                     information to be publicly viewable, do
                                                statements, representations, and                        chao7.wang@midea.com.cn.                              not include it in your comment or any
                                                documentary materials provided by the                      Submitting comments via http://                    accompanying documents. Instead,
                                                petitioner are valid. If GD Midea makes                 www.regulations.gov. The http://                      provide your contact information on a
                                                any modifications to the controls or                    www.regulations.gov web page will                     cover letter. Include your first and last
                                                configurations of these basic models, the               require you to provide your name and                  names, email address, telephone
                                                waiver would no longer be valid and GD                  contact information. Your contact                     number, and optional mailing address.
                                                Midea would either be required to use                   information will be viewable to DOE                   The cover letter will not be publicly
                                                the current Federal test method or                      Building Technologies staff only. Your                viewable as long as it does not include
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                                                submit a new application for a test                     contact information will not be publicly              any comments.
                                                procedure waiver. DOE may revoke or                     viewable except for your first and last                  Include contact information each time
                                                modify this waiver at any time if it                    names, organization name (if any), and                you submit comments, data, documents,
                                                determines the factual basis underlying                 submitter representative name (if any).               and other information to DOE. If you
                                                the petition for waiver is incorrect, or                If your comment is not processed                      submit via mail or hand delivery, please
                                                the results from the alternate test                     properly because of technical                         provide all items on a CD, if feasible. It
                                                procedure are unrepresentative of the                   difficulties, DOE will use this                       is not necessary to submit printed


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                                                                            Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices                                               24771

                                                copies. No facsimiles (faxes) will be                   or she believes to be confidential and                available to others without obligation
                                                accepted.                                               exempt by law from public disclosure                  concerning its confidentiality, (5) an
                                                   Comments, data, and other                            should submit via email, postal mail, or              explanation of the competitive injury to
                                                information submitted to DOE                            hand delivery two well-marked copies:                 the submitting person which would
                                                electronically should be provided in                    one copy of the document marked                       result from public disclosure, (6) when
                                                PDF (preferred), Microsoft Word or                      confidential including all the                        such information might lose its
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                                                any defects or viruses. Documents                       believed to be confidential deleted.                  the public interest.
                                                should not contain special characters or                Submit these documents via email or on                  It is DOE’s policy that all comments
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                                                they should carry the electronic                        determination about the confidential                  without change and as received,
                                                signature of the author.                                status of the information and treat it                including any personal information
                                                   Campaign form letters. Please submit                 according to its determination.                       provided in the comments (except
                                                campaign form letters by the originating                   Factors of interest to DOE when
                                                                                                                                                              information deemed to be exempt from
                                                organization in batches of between 50 to                evaluating requests to treat submitted
                                                                                                                                                              public disclosure).
                                                500 form letters per PDF or as one form                 information as confidential include (1) a
                                                letter with a list of supporters’ names                 description of the items, (2) whether                   Signed in Washington, DC, on May 17,
                                                compiled into one or more PDFs. This                    and why such items are customarily                    2018.
                                                reduces comment processing and                          treated as confidential within the                    Kathleen B. Hogan,
                                                posting time.                                           industry, (3) whether the information is              Deputy Assistant Secretary for Energy
                                                   Confidential Business Information.                   generally known by or available from                  Efficiency, Energy Efficiency and Renewable
                                                According to 10 CFR 1004.11, any                        other sources, (4) whether the                        Energy.
                                                person submitting information that he                   information has previously been made                  BILLING CODE 6450–01–P
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                                                24772                       Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices




                                                                                                                                     GD Midea Heating & Ventilating Equipment Co., Ltd.
                                                                                                                                                 Midea Industrial City, Beijiao, Shunde District
                                                                                                                                                            Foshan, Guangdong, P.R.C. 528311
                                                        October 27,2017
                                                        Lucy Debutts
                                                        Building Technologies Program
                                                        U.S. Department of Energy
                                                        Mailstop EE-2J
                                                        Forrestal Building, 1000 Independence Avenue SW.
                                                        Washington, DC 20585-0121
                                                        Submitted via email to the following address: AS_Waiver_Requests@ee.doe.gov


                                                        Petition for Waiver and Interim Waiver for certain GD Midea's variable speed coil-only single-split systems


                                                        Dear Ms. Lucy Debutts:
                                                        Pursuant to 10 CFR 430.27, GD Midea Heating & Ventilating Equipment Co., Ltd. (GD Midea) respectfully
                                                        submits this petition for waiver, and request for interim waiver with regards to its variable compressor systems
                                                        with coil-only configuration listed in Table 1 of page 3.


                                                        The scope of the test procedure for central air conditioners (CAC) and heat pumps (HP) found in Appendix M
                                                        to Subpart B of 10 CFR Part 430 (hereinafter referred to as "Appendix M") includes single-split air-
                                                        conditioners and heat pumps that are coil-only systems and having a variable-speed compressor (hereinafter
                                                        referred to as "variable-speed coil-only single-split systems"). However, whereas Appendix M provides some
                                                        provisions to test variable-speed coil-only single-split system overall, it does not provide specific coverage for
                                                        determining cooling intermediate air volume rate, cooling minimum air volume rate, and heating intermediate
                                                        air volume rate for these products. This creates difficulty in applying Appendix M to test variable-speed coil-
                                                        only single-split systems. GD Midea seeks a test procedure waiver to test its variable-speed coil-only single-
                                                        split systems using the proposed alternative test procedure prescribed in section V of this petition. We hereby
                                                        also request an interim waiver. The granting of an interim waiver is crucial to GD Midea as it will allow us to
                                                        accurately rate, certifY, and provide US consumers with highly efficient variable-speed coil-only single-split
                                                        systems.
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                                                                    (a)       GD Midea Heating &Ventilating Equipment Co., Ltd.
                                                                                                                                                                                                   EN30MY18.019</GPH>




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                                                                            Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices                             24773




                                                        GD Midea Heating &Ventilating Equipment Co., Ltd. (also known as Midea Commercial Air Conditioner,
                                                        MCAC) is a division of the Midea Group founded in 1968. It was established in 1999 and manufactured
                                                        China's first Variable Refrigerant Flow (VRF) system in 2000. Midea is among the world's largest
                                                        manufacturers of electric motors, compressors and HVAC equipment with an established global footprint of
                                                        more than 200 subsidiaries, over 60 overseas branches and 12 strategic business units.
                                                        MCAC is a global leading manufacturer in commercial and residential air-conditioning technology, including
                                                        inverter variable speed technology. Through its R&D division, GD Midea strives to develop and manufacture
                                                        the most energy-efficient central air conditioner and heat pump systems for residential use, including high
                                                        efficiency variable speed systems.


                                                                   (b)        Background
                                                        Variable speed compressor technology has been proven to be an effective way to improve the overall energy
                                                        efficiency of air-conditioning products. GD Midea's variable-speed outdoor condensing unit was developed
                                                        specifically for US consumers to benefit from ease of installation and use, as well as significant energy-
                                                        efficiency saving.
                                                        Currently, most units installed in the U.S. market are single and two-stage systems. It is our understanding that
                                                        most variable speed split system requires a proprietary communicating method and exclusively works with a
                                                        specific blower-coil unit from the same manufacturer. To provide consumers a more convenient replacement of
                                                        their single or two-stage systems, GD Midea's variable speed outdoor units are designed as non-
                                                        communicative systems. This unique technical characteristic makes GD Midea's systems easy to install and
                                                        service.
                                                        The scope of Appendix M includes variable-speed coil-only single-split systems. However, Appendix M lacks
                                                        coverage for manufacturers to test these systems to the fullest extent of the test procedure. For example,
                                                        Appendix M does not provide specific coverage for these products to determine cooling intermediate air
                                                        volume rate, cooling minimum air volume rate and heating intermediate air volume rate. This void in the test
                                                        procedure makes it impossible for manufacturers to test a variable-speed system in a coil-only configuration in
                                                        full compliance with the test procedure.
                                                        More specifically, Table 8 and Table 14 present in Appendix M provide respectively cooling and heating mode
                                                        test conditions for units having a variable-speed compressor.
                                                        These tables prescribe six air volume rates (cooling minimum, cooling intermediate, cooling full-load, heating
                                                        minimum, heating intermediate, heating full-load) at which units with variable speed compressor need to be
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                                                        tested. These six air volume rates are then determined using sections 3 .1. 4.1 through 3 .1. 4. 6.
                                                        However, problem arises when trying to determine cooling minimum, cooling intermediate, and heating
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                                                24774                        Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices




                                                        intermediate for variable-speed coil-only single-split systems, as respective sections 3.1.4.2, 3.1.4.3, and
                                                        3 .1. 4. 6 do not provide coverage for these systems.
                                                        To remedy this situation, GD Midea is proposing an alternative test procedure (see section V of this petition)
                                                        that provides additional coverage to Appendix M for variable-speed coil-only single-split systems, preserves
                                                        the spirit and intent of the test procedure, and results in the generation of ratings that are representative of the
                                                        systems' true energy consumption characteristics.


                                                                    (c)          Basic Models for Which Waiver Is Requested
                                                        GD Midea is requesting a waiver and interim waiver to test its single-split CAC and HP outdoor unit basic
                                                        models that use variable speed compressor and are matched with coil-only indoor units, using the proposed
                                                        alternative test procedure described in section V of this petition. Specifically, GD Midea waiver and interim
                                                        waiver request covers the following basic models:


                                                                    GD MIDEA HEATING & VENTILATING EQUIPMENT                                BOSCHTHERMOTECHNOLOGYCORP
                                                                                             CO., LTD
                                                                     Basic Model        Outdoor Unit             Indoor Unit             Basic Model      Outdoor Unit          Indoor Unit
                                                                      Number                                                              Number
                                                                  MOVA-36HDN1-          MOVA-36HDN1-                                   MOVA-36HDN1-       BOVA-36HDN1-
                                                                                                               MC"2430ANTF                                                  BMA'2430ANTD
                                                                          M18M              M18M                                           M18M               M18M
                                                                  MOVA-36HDN1-          MOVA-36HDN1-                                   MOVA-36HDN1-       BOVA-36HDN1-
                                                                                                               MC"2430BNTF                                                  BMA'2430BNTD
                                                                          M18M              M18M                                           M18M               M18M
                                                                  MOVA-36HDN1-          MOVA-36HDN1-                                   MOVA-36HDN1-       BOVA-36HDN1-
                                                                                                               MC"3036ANTD                                                  BMA'3036ANTD
                                                                          M18M              M18M                                           M18M               M18M
                                                                  MOVA-36HDN1-          MOVA-36HDN1-                                   MOVA-36HDN1-       BOVA-36HDN 1-
                                                                                                               MC"3036BNTD                                                  BMA'3036BNTD
                                                                          M18M              M18M                                           M18M               M18M
                                                                  MOVA-36HDN1-          MOVA-36HDN1-                                   MOVA-36HDN1-       BOVA-36HDN1-
                                                                                                               MC"3036CNTD                                                  BMA'3036CNTD
                                                                          M18M              M18M                                           M18M               M18M
                                                                  MOVA-60HDN1-          MOVA-60HDN1-                                   MOVA-60HDN1-       BOVA-60HDN1-
                                                                                                               MC"4248BNTF                                                  BMA'4248BNTF
                                                                          M18M              M18M                                           M18M               M18M
                                                                                                         I
                                                                  MOVA-60HDN1-          MOVA-60HDN1-                                   MOVA-60HDN1-       BOVA-60HDN1-
                                                                                                               MC"4248CNTF                                                  BMA'4248CNTF
                                                                          M18M              M18M                                           M18M               M18M
                                                                  MOVA-60HDN1-          MOVA-60HDN1-                                   MOVA-60HDN1-       BOVA-60HDN 1-
                                                                                                               MC"4248DNTF                                                  BMA'4248DNTF
                                                                          M18M              M18M                                           M18M               M18M
                                                                  MOVA-60HDN1-          MOVA-60HDN1-                                   MOVA-60HDN1-       BOVA-60HDN1-
                                                                                                               MC"4860CNTF                                                  BMA'4860CNTF
                                                                          M18M              M18M                                           M18M               M18M
                                                                  MOVA-60HDN1-          MOVA-60HDN1-                                   MOVA-60HDN1-       BOVA-60HDN1-
                                                                                                               MC"4860DNTF                                                  BMA'4860DNTF
                                                                          M18M              M18M                                           M18M               M18M




                                                        These systems have the following characteristics:
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                                                                            1,            There is no communication between the variable-speed outdoor unit and the indoor

                                                                    unit;
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                                                                               Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices                           24775




                                                                          2,               The air volume rate remains constant at all time.



                                                                    (d)            Grounds for Test Procedure Waiver
                                                        Appendix M prescribes that on or after July 5, 2017 and prior to January 1, 2023, any representations,
                                                        including compliance certifications, made with respect to the energy use, power, or efficiency of central air
                                                        conditioners and central air conditioning heat pumps must be based on the results of testing pursuant to
                                                        appendix M. In addition, ratings generated using Appendix M are then used to determine compliance with the
                                                        provisions of paragraph (c) of 10 CFR 430.32, energy and water conservation standards for air-conditioners
                                                        and heat pumps.
                                                        Given the fact that variable-speed coil-only single-split systems are included in the scope of Appendix M and
                                                        10 CFR 430.32, absence of comprehensive coverage for these products in Appendix M hinders manufacturers
                                                        in (1) establishing ratings in compliance with federal law, (2) determining compliance with DOE's minimum
                                                        efficiency standards present in 10 CFR 430.32, (3) complying with DOE's certification requirements set forth
                                                        in 10 CFR 429, and (4) ultimately distributing these products in commerce.


                                                                    (e)            Alternative Test Procedure
                                                        GD Midea is proposing to use the following alternative test procedure to test its variable-speed coil-only
                                                        single-split systems. The proposed alternative test procedure developed by GD Midea is based on the
                                                        Appendix M and fill the voids that currently exist in the test procedure to adequately cover these products. It is
                                                        to be noted that GD Midea has only evaluated and confirmed the suitability and practicability of the proposed
                                                        alternative test procedure on its own products which are listed in Section III which have the following
                                                        characteristics:

                                                                              1,           No communication between the variable-speed outdoor unit and the indoor unit;

                                                                          2,               The air volume rate remains constant at all time.



                                                        As previously mentioned, the main issue GD Midea encountered when trying to rate its variable-speed coil-
                                                        only single-split systems to appendix M is the absence of specific provisions for cooling intermediate air
                                                        volume rate, cooling minimum air volume rate and heating intermediate air volume rate.
                                                        Considering the unique technical characteristics of our systems mentioned above, GD Midea is proposing to
                                                        determine the six air volume rates in Table 8 and Table 14 as follow:
                                                                          •        Cooling full-load air volume rate: Determined using 3.1.4.l.l.c (no change proposed)
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                                                                                                                                                                                         EN30MY18.022</GPH>




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                                                24776                         Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Notices




                                                                          •    Cooling intermediate air volume rate: Use the cooling full-load air volume rate as the cooling
                                                                   intermediate air volume rate. Use the final control settings as determined when setting the cooling
                                                                   full-load air volume rate, if necessary to reset to the cooling full-load air volume rate obtained in
                                                                   section 3.1.4.l.l.c
                                                                          •    Cooling minimum air volume rate: Use the cooling full-load air volume rate as the cooling
                                                                   minimum air volume rate. Use the final control settings as determined when setting the cooling full-
                                                                   load air volume rate, if necessary to reset to the cooling full-load air volume rate obtained in section
                                                                   3.1.4.l.l.c
                                                                          •    Heating full-load air volume rate: Determined using 3.1.4.4.l.a (no change proposed)
                                                                          •    Heating intermediate air volume rate: Use the heating full-load air volume rate as the heating
                                                                   intermediate air volume rate. Use the final control settings as determined when setting the heating full-
                                                                   load air volume rate, if necessary to reset to the heating full-load air volume rate obtained in section
                                                                   3.1.4.4.l.a
                                                                          •    Heating minimum air volume rate: Determined using 3.1.4.5.l.a (no change proposed)


                                                                    (f)        Technical Justification for Alternative Test Procedure
                                                        GD Midea's systems which are listed in Section III of this petition have significantly distinguishable technical
                                                        differences with conventional variable capacity units:
                                                                   Conventional variable speed single-split systems are typically communicating systems, I.e. the
                                                        condenser units and indoor units communicate, and indoor unit air flow varies.
                                                                   GD Midea's variable speed single-split systems differ as the variable speed control logic resides with
                                                        the condenser (outdoor unit) and no communication is required between indoor and outdoor unit, and indoor
                                                        air flow does NOT vary.
                                                        When our systems operate, the indoor air volume rate remains constant while the condenser unit modulates
                                                        compressor speed in response to the different ambient environment.


                                                                    (g)        Similar Products
                                                        GD Midea is aware of the following manufacturers of single-split residential central air conditioners and heat
                                                        pumps that offer systems have variable speed compressor: Carrier Corporation, Daikin Industries, Lennox
                                                        International Inc., Nortek Global HVAC, Rheem Sales Company, Trane and York by Johnson Controls.
                                                                    (h)        Petition for Interim Waiver
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                                                        Pursuant to 10 CFR 430.27, GD Midea is also requesting an interim waiver to test GD Midea's variable coil-
                                                        only systems. Interim relief is important to ensure that GD Midea can (1) establish ratings in compliance with
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                     Federal Register/Vol. 83, No. 104/Wednesday, May 30, 2018 /Notices                            24777

                                                                                                       F yx




[ederal law, (2) determine compliance with DOF‘s minimum e(Giciencystandards present in 10 CFR 430.32,

(3) comply with DOE‘s certification requirements set forth in 10 CFR 429, and (4) distribute its products in
commerce and provide US consumers with systems that offer ease of use and installation, as well as significant
energy—efficiencysavings, while DOE considers the merits of GD Midea‘s petition for waiver.




           (i)        Arguments for Granting Waiver and Interim Waiver
GD Midea believes there are strong arguments for granting its petition:;

                 e    From a procedural stand—point, GD Midea has identilied a void in the current test procedure

           and proposed an alternative test procedure that is technically sound, proven, easily justifiable. aligned
           with the spirit and intent of the existing Appendix M test procedure, and which provides ratings that
           are accurate and representalive of the syslems"‘ true energy consumplion characteristics.

                 *    From a compctitive stand—point, the current void in the test procedurc puts GD Midea, as well
           as any other manufacturers‘ whose products may be impacted, at a significant competitive

           disadvantage.
                 e    From a public policy stand—point, the current void in the test procedure prevents the
           distribution in commerce of products that offer US consumer with systems that are casy to install and
           use, and which provide significant energy—efficiency savings.

For these reasons, GD Midea urges the Department to grant an interim waiver while considering the petition
for waiver set out above.


           )          Conclusion
For the reasons stated above, GD Midea respectfully requests that DOE grants this petition for waiver to test
its variable—speed coil—only single—split systems using Appendix M to Subpart B of 10 CFR part 430 with the
supplemental instructions provided in Section V of this petition. GD Midea further requests that DOE grants its
request for an interim waiver while its pelition for waiver is under consideration.



Should you have any questions or would like to discuss this request. please contact me at
chao?7. wang@midea.com.cn. We greally appreciate your attention to this matter.


Sincerel
Jack   Wang
Certification Engineer
chao7.wang@midea.com.ca


                                                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-
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                                                   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
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of petition for waiver and grant of an interim waiver, and request for comments.
DatesDOE will accept comments, data, and information with respect to the GD Midea petition until June 29, 2018.
ContactMs. 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 Citation83 FR 24767 

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