Energy Conservation Program: Notification of Petition for Waiver of Samsung HVAC America LLC From the Department of Energy Central Air Conditioners and Heat Pumps Test Procedure and Notification of Grant of Interim Waiver
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Abstract
This notification announces receipt of and publishes a petition for waiver and interim waiver from Samsung HVAC America LLC ("Samsung"), which seeks a waiver for specified basic models of central air conditioners ("CACs") and heat pumps ("HPs") (collectively, "CAC/HPs") from the U.S. Department of Energy ("DOE") test procedure used for determining the efficiency of CAC/ HPs. DOE also gives notification of an Interim Waiver Order that requires Samsung to test and rate the specified CAC/HP basic models in accordance with the alternate test procedure set forth in the Interim Waiver Order. DOE solicits comments, data, and information concerning Samsung's petition and its suggested alternate test procedure to inform DOE's final decision on Samsung's waiver request.
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<title>Federal Register, Volume 88 Issue 107 (Monday, June 5, 2023)</title>
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[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Notices]
[Pages 36558-36572]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11791]
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DEPARTMENT OF ENERGY
[Case Number 2022-009; EERE-2023-BT-WAV-0010]
Energy Conservation Program: Notification of Petition for Waiver
of Samsung HVAC America LLC From the Department of Energy Central Air
Conditioners and Heat Pumps Test Procedure and Notification of Grant of
Interim Waiver
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
[[Page 36559]]
ACTION: Notification of petition for waiver and grant of an interim
waiver; request for comments.
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SUMMARY: This notification announces receipt of and publishes a
petition for waiver and interim waiver from Samsung HVAC America LLC
(``Samsung''), which seeks a waiver for specified basic models of
central air conditioners (``CACs'') and heat pumps (``HPs'')
(collectively, ``CAC/HPs'') from the U.S. Department of Energy
(``DOE'') test procedure used for determining the efficiency of CAC/
HPs. DOE also gives notification of an Interim Waiver Order that
requires Samsung to test and rate the specified CAC/HP basic models in
accordance with the alternate test procedure set forth in the Interim
Waiver Order. DOE solicits comments, data, and information concerning
Samsung's petition and its suggested alternate test procedure to inform
DOE's final decision on Samsung's waiver request.
DATES: Written comments and information are requested and will be
accepted on or before July 5, 2023.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a> under docket
number EERE-2023-BT-WAV-0010. Follow the instructions for submitting
comments. Alternatively, interested persons may submit comments,
identified by docket number EERE-2023-BT-WAV-0010, by any of the
following methods:
(1) Email: <a href="/cdn-cgi/l/email-protection#3360525e40465d5470727001030100647265030302037356561d575c561d545c45"><span class="__cf_email__" data-cfemail="aefdcfc3dddbc0c9edefed9c9e9c9df9eff89e9e9f9eeecbcb80cac1cb80c9c1d8">[email protected]</span></a>. Include the docket
number EERE-2023-BT-WAV-0010 in the subject line of the message.
(2) Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445. If possible, please submit all items on a compact disc
(``CD''), in which case it is not necessary to include printed copies.
(3) Hand Delivery/Courier: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza SW, 6th Floor, Washington, DC 20024. Telephone: (202)
287-1445. If possible, please submit all items on a CD, in which case
it is not necessary to include printed copies.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see the SUPPLEMENTARY INFORMATION section of this document.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at <a href="http://www.regulations.gov/docket?D=EERE-2023-BT-WAV-0010">www.regulations.gov/docket?D=EERE-2023-BT-WAV-0010</a>. All documents in the docket are listed in the
<a href="http://www.regulations.gov">www.regulations.gov</a> index. However, some documents listed in the index,
such as those containing information that is exempt from public
disclosure, may not be publicly available.
The docket web page contains instruction on how to access all
documents, including public comments, in the docket. See the
SUPPLEMENTARY INFORMATION section for information on how to submit
comments through <a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Ms. Julia Hegarty, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, Mailstop EE-5B, 1000 Independence Avenue SW,
Washington, DC 20585-0121. Telephone: (240) 597-6737. Email:
<a href="/cdn-cgi/l/email-protection#48091b171f29213e2d3a171a2d393d2d3b3c082d2d662c272d662f273e"><span class="__cf_email__" data-cfemail="5716040800363e21322508053226223224231732327933383279303821">[email protected]</span></a>.
Mr. Nolan Brickwood, U.S. Department of Energy, Office of the
General Counsel, Mail Stop GC-33, Forrestal Building, 1000 Independence
Avenue SW, Washington, DC 20585-0103. Telephone: (202) 586-4498. Email:
<a href="/cdn-cgi/l/email-protection#610f0e0d000f4f031308020a160e0e052109104f050e044f060e17"><span class="__cf_email__" data-cfemail="6b0504070a054509190208001c04040f2b031a450f040e450c041d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: DOE is publishing Samsung's petition for
waiver in its entirety, pursuant to 10 CFR 430.27(b)(1)(iv), absent any
information for which petitioner requested treatment as confidential
business information.\1\ DOE is also publishing the Interim Waiver
Order granted to Samsung, which serves as notification of DOE's
determination regarding Samsung's petition for an interim waiver,
pursuant to 10 CFR 430.27(e)(3). DOE invites all interested parties to
submit in writing by July 5, 2023, comments and information on all
aspects of the petition, including the alternate test procedure.
Pursuant to 10 CFR 430.27(d), any person submitting written comments to
DOE must also send a copy of such comments to the petitioner. The
contact information for the petitioner is Chandra Gollapudi,
<a href="/cdn-cgi/l/email-protection#9cfffbb2fbf3f0f0fdece9f8f5dceffdf1efe9f2fbf4eafdffb2fff3f1"><span class="__cf_email__" data-cfemail="fd9e9ad39a9291919c8d889994bd8e9c908e88939a958b9c9ed39e9290">[email protected]</span></a>, Samsung HVAC America LLC, 776 Henrietta
Creek Road, Suite 100, Roanoke, TX 76262.
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\1\ The petition did not identify any of the information
contained therein as confidential business information.
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Submitting comments via <a href="http://www.regulations.gov">www.regulations.gov</a>. The
<a href="http://www.regulations.gov">www.regulations.gov</a> web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. If this instruction is followed, persons viewing comments will
see only first and last names, organization names, correspondence
containing comments, and any documents submitted with the comments.
Do not submit to <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a>
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail will also be posted to <a href="http://www.regulations.gov">www.regulations.gov</a>. If
you do not want your personal contact information to be publicly
viewable, do not include it in your comment or any accompanying
documents. Instead, provide your
[[Page 36560]]
contact information on a cover letter. Include your first and last
names, email address, telephone number, and optional mailing address.
The cover letter will not be publicly viewable as long as it does not
include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
Faxes will not be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. According to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery/courier two well-marked copies:
one copy of the document marked confidential including all the
information believed to be confidential, and one copy of the document
marked ``non-confidential'' with the information believed to be
confidential deleted. Submit these documents via email or on a CD, if
feasible. DOE will make its own determination about the confidential
status of the information and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
Case Number 2022-009
Interim Waiver Order
I. Background and Authority
The Energy Policy and Conservation Act, as amended (``EPCA''),\2\
authorizes the U.S. Department of Energy (``DOE'') to regulate the
energy efficiency of several consumer products and certain industrial
equipment. (42 U.S.C. 6291-6317) Title III, Part B \3\ of EPCA, Public
Law 94-163 (42 U.S.C. 6291-6309, as codified), established the Energy
Conservation Program for Consumer Products Other Than Automobiles,
which sets forth a variety of provisions designed to improve energy
efficiency for certain types of consumer products. These products
include CAC/HPs, the subject of this Interim Waiver Order. (42 U.S.C.
6292(a)(3))
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\2\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020), which reflect the last statutory amendments that impact
Parts A and A-1 of EPCA.
\3\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated as Part A.
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The energy conservation program under EPCA consists essentially of
four parts: (1) testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. Relevant
provisions of EPCA include definitions (42 U.S.C. 6291), test
procedures (42 U.S.C. 6293), labeling provisions (42 U.S.C. 6294),
energy conservation standards (42 U.S.C. 6295), and the authority to
require information and reports from manufacturers (42 U.S.C. 6296).
The Federal testing requirements consist of test procedures that
manufacturers of covered products must use as the basis for: (1)
certifying to DOE that their products comply with the applicable energy
conservation standards adopted pursuant to EPCA (42 U.S.C. 6295(s)),
and (2) making representations about the efficiency of that product (42
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to
determine whether the covered product complies with relevant standards
promulgated under EPCA. (42 U.S.C. 6295(s))
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE is required to follow when prescribing or amending test procedures
for covered products. EPCA requires that any test procedures prescribed
or amended under this section must be reasonably designed to produce
test results which reflect the energy efficiency, energy use or
estimated annual operating cost of a covered product during a
representative average use cycle or period of use and requires that
test procedures not be unduly burdensome to conduct. (42 U.S.C.
6293(b)(3)) The test procedure for CAC/HPs is contained in the Code of
Federal Regulations (``CFR'') at 10 CFR part 430, subpart B, appendix
M1, Uniform Test Method for Measuring the Energy Consumption of Central
Air Conditioners and Heat Pumps (``appendix M1'').
Under 10 CFR 430.27, any interested person may submit a petition
for waiver from DOE's test procedure requirements. DOE will grant a
waiver from the test procedure requirements if DOE determines either
that the basic model for which the waiver was requested contains a
design characteristic that prevents testing of the basic model
according to the prescribed test procedures, or that the prescribed
test procedures evaluate the basic model in a manner so
unrepresentative of its true energy consumption characteristics as to
provide materially inaccurate comparative data. 10 CFR 430.27(f)(2). A
petitioner must include in its petition any alternate test procedures
known to the petitioner to evaluate the performance of the product type
in a manner representative of the energy consumption characteristics of
the basic model. 10 CFR 430.27(b)(1)(iii). DOE may grant the waiver
subject to conditions, including adherence to alternate test
procedures. 10 CFR 430.27(f)(2).
As soon as practicable after the granting of any waiver, DOE will
publish in the Federal Register a notice of proposed rulemaking to
amend its regulations so as to eliminate any need for the continuation
of such waiver. 10 CFR 430.27(l) As soon thereafter as practicable, DOE
will publish in the Federal Register a final rule to that effect. Id.
The waiver process also provides that DOE may grant an interim
waiver if it appears likely that the underlying petition for waiver
will be granted and/or if DOE determines that it would be desirable for
public policy reasons to grant immediate relief pending a determination
on the underlying petition for waiver. 10 CFR 430.27(e)(3). Within one
year of issuance of an interim waiver, DOE will either: (i) publish in
the Federal Register a determination on the petition for waiver; or
(ii) publish in the Federal Register a new or amended test procedure
that addresses the issues presented in the waiver. 10 CFR 430.27(h)(1).
If the interim waiver test procedure methodology is different than
the decision and order test procedure methodology, certification
reports to DOE required under 10 CFR 429.12 and
[[Page 36561]]
any representations must be based on either of the two methodologies
until 180 days after the publication date of the decision and order.
Thereafter, certification reports and any representations must be based
on the decision and order test procedure methodology, unless otherwise
specified by DOE. 10 CFR 430.27(i)(1). When DOE amends the test
procedure to address the issues presented in a waiver, the waiver or
interim waiver will automatically terminate on the date on which use of
that test procedure is required to demonstrate compliance. 10 CFR
429.27(h)(3).
II. Samsung's Petition for Interim Waiver
On December 16, 2022, DOE received from Samsung a petition for
waiver and interim waiver from the test procedure for CAC/HPs set forth
at 10 CFR part 430 subpart B, appendix M1.\4\ (Samsung, No. 1 at p. 2)
\5\ Pursuant to 10 CFR 430.27(e)(i), DOE posted the petition on the DOE
website. The petition did not identify any of the information contained
therein as confidential business information.
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\4\ The specific models for which the petition applies include
Samsung Slim Duct CAC/HP outdoor models AC009BXADCH, AC012BXADCH,
and AC018BXADCH, and indoor models AC009BNLDCH, AC012BNLDCH, and
AC018BNLDCH. These models were provided by Samsung in its December
16, 2022 petition.
\5\ A notation in this form provides a reference for information
that is in the docket for this test procedure waiver. This notation
indicates that the statement preceding the reference is document
number 1 in the docket and appears at page 2 of that document.
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In its petition, Samsung noted that the minimum external static
pressure (``ESP'') requirement for ducted blower coil systems,
including for the basic models subject to the petition, increased from
appendix M to subpart B of 10 CFR part 430 (``appendix M'') to appendix
M1. (Samsung, No. 1 at p. 1) Specifically, appendix M required a
minimum ESP of 0.1 to 0.2 inches of water column (``in. wc.''),
depending on the cooling capacity of the system, for systems other than
small-duct high velocity; whereas, appendix M1 requires a minimum ESP
of 0.5 in. wc. for all conventional ducted blower coil systems.\6\
Samsung acknowledges that DOE increased the minimum ESP requirement for
ducted systems in appendix M1 to better represent the ESP of homes with
central ducted CAC/HP systems. Id. In its petition, Samsung asserts
that the specified basic models cannot operate at the 0.5 in. wc. ESP
requirement specified in appendix M1, as these models are not designed
for use in a traditional central ducted home, but rather are designed
for use with short ducts and low static pressures and, thus, have a
maximum operating ESP of 0.24 in. wc. Id. Because the models listed in
its petition cannot operate at the 0.5 in. wc. condition specified by
the test procedure, Samsung seeks to use an alternative test procedure
that specifies testing these basic models at 0.1 in. wc. ESP, and in
conjunction, adjusts the fan power and the resulting change in heating
and cooling capacity in order to be equivalent to testing at 0.5 in.
wc. ESP. Id.
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\6\ See Table 4 in section 3.1.4.1.1 of appendix M and Table 4
in section 3.1.4.1.1 for ducted blower coil systems.
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Samsung also requested an interim waiver from the existing DOE test
procedure, asserting that the petition for waiver is likely to be
granted. Samsung stated that without the granting of a waiver and
interim waiver, Samsung would suffer economic hardship by needing to
withdraw these products from the market, which would result in loss of
sales and reduced customer choice. In such case, Samsung also stated
that consumers would need to seek alternate products that are not
optimized for low static, short duct applications, which would lead to
increased energy consumption. (Samsung, No. 1 at p. 5)
DOE will grant an interim waiver if it appears likely that the
petition for waiver will be granted, and/or if DOE determines that it
would be desirable for public policy reasons to grant immediate relief
pending a determination of the petition for waiver. 10 CFR
430.27(e)(3).
III. Requested Alternate Test Procedure
EPCA requires that manufacturers use DOE test procedures when
making representations about the energy consumption and energy
consumption costs of covered products. (42 U.S.C. 6293(c)) Consistency
is important when making representations about the energy efficiency of
covered products, including when demonstrating compliance with
applicable DOE energy conservation standards. Pursuant to 10 CFR
430.27, and after consideration of public comments on the petition, DOE
may establish in a subsequent Decision and Order an alternate test
procedure for the basic models addressed by the Interim Waiver Order.
As an alternate test procedure, Samsung seeks to test the specified
basic models at 0.1 in. wc. ESP and to make proportional adjustments to
fan power and capacity such that the results are equivalent to
performance measured at 0.5 in. wc. ESP. (Samsung, No. 1 at p. 4)
Specifically, Samsung requests to use an alternate calculation of
measured energy use. At all sections of appendix M1 where total cooling
capacity, total heating capacity, sensible cooling capacity, and
electrical power consumption is calculated, the measured indoor fan
power would be increased by 87 watts per 1000 cubic feet per minute of
standard air (``SCFM''). Samsung requests that for all tests the
cooling capacity be decreased by the Btu/h equivalent of this fan power
adjustment (i.e., 297 Btu/h per 1000 SCFM); and the heating capacity
increased by the same Btu/h equivalent. The test would otherwise be
performed consistent with the requirements of appendix M1.
Samsung stated that it determined the proposed adjusted values for
fan power based on the similar adjustment in fan wattage for coil-only
systems in appendix M as compared to appendix M1. Specifically, Samsung
noted that in the January 5, 2017 final rule that established appendix
M1 (``January 2017 Final Rule''), DOE had determined that increasing
the ESP from 0.15 in. wc.\7\ to 0.5 in. wc. corresponds to an increase
in the indoor fan blower power of 76 watts/1000 SCFM.\8\ (See 82 FR
1426, 1451-1453). On this basis, Samsung extrapolated that changing the
ESP from 0.1 in. wc. to 0.5 in. wc. equates to an increase in indoor
fan blower power of 87 watts/1000 SCFM. (Samsung, No. 1 at p. 4)
Samsung asserted that because these estimates of indoor fan blower
power are based on mostly fixed speed motors, and the basic models in
consideration use more efficient variable speed motors, this is a
conservative approach in estimating revised fan power. Id.
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\7\ DOE interprets Samsung's reference to 0.15 in. wc. in
appendix M as referring to the average of the range of 0.1 to 0.2
in. wc. minimum ESP requirements for ducted blower coil systems
specified in Table 4 of appendix M.
\8\ Appendix M specifies a default fan power of 365 watts/1000
SCFM; whereas appendix M1 specifies a default fan power of 441
watts/1000 SCFM, a difference of 76 watts/1000 SCFM.
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IV. Interim Waiver Order
DOE has reviewed Samsung's application for an interim waiver, the
alternate test procedure requested by Samsung, publicly available
specification sheets and installation manuals relevant to these basic
models, and the additional materials Samsung provided in support of its
petition.
In appendix A to its petition, Samsung provided a submittal for one
of the basic models for which it seeks to use its requested alternate
test procedure. (Samsung, No. 1 at p. 6) The
[[Page 36562]]
submittal shows technical specifications that confirm to DOE the
limited ESP operating range of 0.01-0.24 in. wc. used as grounds for
waiver for the basic models subject to Samsung's petition.
Additionally, Figure 1 of Samsung's petition provided the fan curves
for the blower used in these basic models. (Samsung, No. 1 at p. 3)
Figure 1 shows that at maximum speed of the motor of 1560 revolutions
per minute and 0.5 in. wc. ESP (or 125 pascals) the air flow of these
basic models is zero, and that, therefore, testing of the basic models
with the appendix M1 test procedure is physically impossible. Samsung
supported Figure 1 with the electrical and mechanical specifications of
the indoor fan provided in appendix B to its petition. (Samsung, No. 1
at pp. 7-8)
For the basic models listed in Samsung's petition, DOE's review of
technical specifications for the basic models subject to the petition
indicates that the fan cannot operate at the minimum ESP of 0.5 in. wc.
required to be tested by appendix M1. Since these basic models are
physically incapable of operating at the minimum ESP required by the
test procedure, DOE tentatively agrees that testing these basic models
instead at a minimum ESP of 0.1 in. wc. with adjustments to ensure
results are equivalent to performance measured at 0.5 in. wc. ESP is
appropriate. DOE tentatively agrees that the measured fan power,
cooling capacity, and heating capacity should be adjusted to reflect
performance equivalent to testing at 0.5 in. wc. ESP, as requested by
Samsung. DOE also tentatively agrees that using the calculation
methodology from the January 2017 Final Rule to determine the fan power
adjustment for these basic models is appropriate, and DOE's analysis
confirms that this methodology yields an adjustment increase of 87
watts per 1000 SCFM. DOE notes that Samsung's proposal to adjust
cooling and heating capacity by the Btu/h equivalent of the fan power
is consistent with fan power adjustments made for coil-only systems in
appendix M1. (See, for example, Equation 3.3-5 in section 3.3.e.1 of
appendix M1, in which the average total space cooling capacity,
Q<INF>c</INF><SUP>k</SUP>(T), is decreased by the Btu/h equivalent of
the default fan power coefficient DFPC<INF>C</INF>, in watts, for non-
mobile, non-space-constrained home ducted coil-only system tests).
Based on this review, DOE has initially determined that the
alternate test procedure requested by Samsung is appropriate and
appears to allow for the accurate measurement of the energy efficiency
of the specified basic models, while alleviating the testing problems
cited by Samsung in implementing the DOE test procedure for these basic
models. Consequently, DOE has determined that Samsung's petition for
waiver likely will be granted. Furthermore, DOE has determined that it
is desirable for public policy reasons to grant Samsung immediate
relief pending a determination of the petition for waiver, and that
Samsung may be likely to suffer economic hardship otherwise.
To maintain consistent units of measurement with the other sections
of appendix M1 (specifically, the sections relevant to coil-only
systems), DOE has converted Samsung's suggested adjustments of cooling
and heating capacities from units of Btu/h per watt of incremental fan
power to units of Btu/h per 1000 SCFM. Samsung's suggestions regarding
adjustment of cooling and heating capacities correspond to decreasing
cooling capacity by 297 Btu/h/1000 SCFM and increasing heating capacity
by 297 Btu/h/1000 SCFM. These values are reflected in the alternate
test procedure established by this notification.
For the reasons stated, it is ordered that:
(1) Samsung must test and rate the following CAC/HP basic models,
which are comprised of the individual combinations listed below, using
the alternate test procedure set forth in paragraph (2).
----------------------------------------------------------------------------------------------------------------
Cooling
Brand series name Outdoor unit model No. Indoor unit model No. capacity (95F)
----------------------------------------------------------------------------------------------------------------
Samsung Slim Duct................... AC009BXADCH AC009BNLDCH 9,000
AC012BXADCH AC012BNLDCH 12,000
AC018BXADCH AC018BNLDCH 18,000
----------------------------------------------------------------------------------------------------------------
(2) The alternate test procedure for the Samsung basic models
identified in paragraph (1) of this Interim Waiver Order is the test
procedure for CAC/HPs prescribed by DOE at 10 CFR part 430, subpart B,
appendix M1, except that:
In 3.1.4, Airflow Through the Indoor Coil, test using a minimum
external static pressure of 0.1 in. wc. rather than the 0.50 value
listed in Table 4.
In 3.3, Test Procedures for Steady-State Wet Coil Cooling Mode
Tests (the A, A2, A1, B, B2, B1, EV, and F1 Tests), perform the
following additional calculation:
g. For all steady-state wet coil tests (i.e., the A<INF>1</INF>,
A<INF>2</INF>, B<INF>1</INF>, B<INF>2</INF>, E<INF>V</INF>, and
F<INF>1</INF> tests), decrease Qck(T) by the quantity calculated in
Equation 3.3-9 to this appendix and increase Eck(T) by the quantity
calculated in Equation 3.3-10 to this appendix.
[GRAPHIC] [TIFF OMITTED] TN05JN23.019
Where:
Vs is the average measured indoor air volume rate expressed in units
of cubic feet per minute of standard air (scfm).
In 3.5.1, Procedures When Testing Ducted Systems, perform the
following additional calculation:
e. For all cyclic dry-coil tests (i.e., the D, D<INF>1</INF>,
D<INF>2</INF>, and I<INF>1</INF> tests), decrease Qck(T) by the
quantity calculated in Equation 3.5-10 to this appendix and increase
Eck(T) by the quantity calculated in Equation 3.5-11 to this appendix.
[GRAPHIC] [TIFF OMITTED] TN05JN23.020
Where:
Vs is the average measured indoor air volume rate expressed in units
of cubic feet per minute of standard air (scfm).
In 3.7, Test Procedures for Steady-State Maximum Temperature and
High Temperature Heating Mode Tests (the H01, H1, H12, H11, and H1N
tests), perform the following additional calculation:
g. For all steady-state maximum temperature and high temperature
tests (i.e., the H0<INF>1</INF>, H1, H1<INF>2</INF>, H1<INF>1</INF>,
and H1<INF>N</INF> tests), increase Qhk(T) by the quantity calculated
in Equation 3.7-9 to this appendix and increase Ehk(T) by the quantity
calculated in Equation 3.7-10 to this appendix.
[[Page 36563]]
[GRAPHIC] [TIFF OMITTED] TN05JN23.021
Where:
Vs is the average measured indoor air volume rate expressed in units
of cubic feet per minute of standard air (scfm).
In 3.9.1, Average Space Heating Capacity and Electrical Power
Calculations, under paragraph (b) perform the following additional
calculation:
(3) For all frost accumulation tests (i.e., the H2<INF>1</INF>,
H2<INF>2</INF>, and H2<INF>V</INF> tests), increase Qhk(35) by the
quantity calculated in Equation 3.9.1-9 to this appendix and increase
Ehk(35) by the quantity calculated in Equation 3.9.1-10 to this
appendix.
[GRAPHIC] [TIFF OMITTED] TN05JN23.022
Where:
Vs is the average measured indoor air volume rate expressed in units
of cubic feet per minute of standard air (scfm).
(3) Representations. Samsung may not make representations about the
efficiency of a basic model listed in paragraph (1) for compliance,
marketing, or other purposes unless that basic model has been tested in
accordance with the provisions set forth in this alternate test
procedure and such representations fairly disclose the results of such
testing.
(4) This Interim Waiver Order shall remain in effect according to
the provisions of 10 CFR 430.27.
(5) This Interim Waiver Order is issued on the condition that the
statements, representations, test data, and documentary materials
provided by Samsung are valid. 10 CFR 430.27(k)(1). If Samsung makes
any modifications to the controls or configurations of a basic model
subject to this Interim Waiver Order, such modifications will render
the waiver invalid with respect to that basic model, and Samsung will
either be required to use the current Federal test method or submit a
new application for a test procedure waiver. DOE may rescind or modify
this waiver at any time if it determines the factual basis underlying
the petition for the Interim Waiver Order is incorrect, or the results
from the alternate test procedure are unrepresentative of the basic
model's true energy consumption characteristics. Id. Likewise, Samsung
may request that DOE rescind or modify the Interim Waiver Order if
Samsung discovers an error in the information provided to DOE as part
of its petition, determines that the interim waiver is no longer
needed, or for other appropriate reasons. 10 CFR 430.27(k)(2).
(6) Issuance of this Interim Waiver Order does not release Samsung
from the applicable requirements set forth at 10 CFR part 429.
DOE makes decisions on waivers and interim waivers for only those
basic models specifically set out in the petition, not future models
that may be manufactured by the petitioner. Samsung may submit a new or
amended petition for waiver and request for grant of interim waiver, as
appropriate, for additional basic models of CAC/HPs. Alternatively, if
appropriate, Samsung may request that DOE extend the scope of a waiver
or an interim waiver to include additional basic models employing the
same technology as the basic model(s) set forth in the original
petition consistent with 10 CFR 430.27(g).
Signing Authority
This document of the Department of Energy was signed on May 30,
2023, by Francisco Alejandro Moreno, Acting Assistant Secretary for
Energy Efficiency and Renewable Energy, pursuant to delegated authority
from the Secretary of Energy. That document with the original signature
and date is maintained by DOE. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on May 30, 2023.
Treena V. Garrett.
Federal Register Liaison Officer, U.S. Department of Energy.
BILLING CODE 6450-01-P
[[Page 36564]]
[GRAPHIC] [TIFF OMITTED] TN05JN23.023
[[Page 36565]]
[GRAPHIC] [TIFF OMITTED] TN05JN23.024
[[Page 36566]]
[GRAPHIC] [TIFF OMITTED] TN05JN23.025
[[Page 36567]]
[GRAPHIC] [TIFF OMITTED] TN05JN23.026
[[Page 36568]]
[GRAPHIC] [TIFF OMITTED] TN05JN23.027
[[Page 36569]]
[GRAPHIC] [TIFF OMITTED] TN05JN23.028
[[Page 36570]]
[GRAPHIC] [TIFF OMITTED] TN05JN23.029
[[Page 36571]]
[GRAPHIC] [TIFF OMITTED] TN05JN23.030
[[Page 36572]]
[GRAPHIC] [TIFF OMITTED] TN05JN23.031
[FR Doc. 2023-11791 Filed 6-2-23; 8:45 am]
BILLING CODE 6450-01-C
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