40534 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 

from updating the 90.1 Standard to the 2019 

edition in its building codes impact analysis. 

Accordingly, DOE incorporated the IWG’s 

consideration in its analysis. However, as 

discussed in previous comments, DOE’s SC– 

CO2 analysis using these estimates was not 

considered in DOE’s ultimate determination 

of whether the 2021 IECC Standard will 

improve energy efficiency. 

Comment: AHRI, p. 4. AHRI argued that it 

is arbitrary and capricious to use different 

timeframes and assumptions for costs and 

benefits and notes that DOE must clarify 

precisely why and how it believes it has 

statutory authority under 42 U.S.C. 6833(a) to 

consider SC–CO2 issues and cites why such 

action is legally arbitrary without sufficient 

documented reason for treating similar 

situations differently. AHRI notes that DOE, 

in clarifying why it believes it has such 

authority, can establish how it is acting 

consistently in terms of the analysis of 

benefits. 

DOE Response: See previous response to 

AHRI comment on the issue of authority. On 

the issue of costs and benefits, DOE 

reemphasizes that its determination analysis 

is not assessing the costs and benefits 

associated with the updated 2021 IECC, that 

the determination is solely based on energy 

efficiency, and that the reported carbon 

emissions are reported only as supplemental 

information for the benefit of interested 

parties and in support of the directives of 

Executive Order 12866. To clarify the issue 

of timeframe, the emission estimates are 

based on one year (i.e., the annual energy 

consumption estimated via the energy 

efficiency analysis). However, the step of 

projecting the associated CO2 impacts 

captures the longer-term impact of those 

single-year emissions, as they persist in the 

atmosphere (and drive the damage impacts 

over the time they persist), which is then 

discounted to present value for the year 

when the emissions occur. DOE does not find 

an economic inconsistency in this approach 

to reporting emission benefits. Such a 

calculation is similar to life-cycle analysis, 

for instance, which is performed in a similar 

fashion, where a single year event occurs 

(e.g., a purchase of more efficient 

equipment), but the energy savings are 

calculated over the time they exist (e.g., the 

life of the equipment), and discounted back 

to the present value to reflect an overall lifecycle cost. DOE’s reporting here of 

discounted damage impacts is consistent 

with that general approach. 

Signing Authority 

This document of the Department of 

Energy was signed on July 19, 2021, by 

Kelly Speakes-Backman, Principal 

Deputy Assistant Secretary and Acting 

Assistant Secretary for Energy Efficiency 

and Renewable Energy, pursuant to 

delegated authority from the Secretary 

of Energy. That document with the 

original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on July 22, 

2021. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2021–15969 Filed 7–27–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

[Case Number 2021–001; EERE–2021–BT– 

WAV–0001] 

Energy Conservation Program: 

Notification of Petition for Waiver of 

Goodman Manufacturing Company, 

L.P. From the Department of Energy 

Central Air Conditioners and Heat 

Pumps Test Procedure and 

Notification of Grant of Interim Waiver 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notification of petition for 

waiver and grant of an interim waiver; 

request for comments. 

SUMMARY: This notification announces 

receipt of and publishes a petition for 

waiver and interim waiver from 

Goodman Manufacturing Company, L.P. 

(‘‘Goodman’’) which seeks a waiver 

from the U.S. Department of Energy 

(‘‘DOE’’) test procedure used for 

determining the efficiency of specified 

central air conditioner (‘‘CAC’’) and heat 

pump (‘‘HP’’) basic models. DOE also 

gives notification of an Interim Waiver 

Order that requires Goodman to test and 

rate specified CAC and HP basic models 

in accordance with the alternate test 

procedure set forth in the Interim 

Waiver Order. DOE solicits comments, 

data, and information concerning 

Goodman’s petition and its suggested 

alternate test procedure to inform DOE’s 

final decision on Goodman’s waiver 

request. 

DATES: The Interim Waiver Order is 

effective on July 28, 2021. Written 

comments and information are 

requested and will be accepted on or 

before August 27, 2021. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments by email to the 

following address: 

Goodman2021WAV0001@ee.doe.gov. 

Include case number ‘‘2021–001’’ and 

Docket number ‘‘EERE–2021–BT–WAV– 

0001’’ in the subject line of the message. 

Submit electronic comments in 

WordPerfect, Microsoft Word, PDF, or 

ASCII file format, and avoid the use of 

special characters or any form of 

encryption. 

Although DOE has routinely accepted 

public comment submissions through a 

variety of mechanisms, including postal 

mail and hand delivery/courier, the 

Department has found it necessary to 

make temporary modifications to the 

comment submission process in light of 

the ongoing coronavirus disease 2019 

(‘‘COVID–19’’) pandemic. DOE is 

currently accepting only electronic 

submissions at this time. If a commenter 

finds that this change poses an undue 

hardship, please contact Appliance 

Standards Program staff at (202) 586– 

1445 to discuss the need for alternative 

arrangements. Once the Covid-19 

pandemic health emergency is resolved, 

DOE anticipates resuming all of its 

regular options for public comment 

submission, including postal mail and 

hand delivery/courier. 

No telefacsimilies (faxes) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on this process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: The docket, which includes 

Federal Register notices, comments, 

and other supporting documents/ 

materials, is available for review at 

https://www.regulations.gov. All 

documents in the docket are listed in 

the https://www.regulations.gov index. 

However, some documents listed in the 

index, such as those containing 

information that is exempt from public 

disclosure, may not be publicly 

available. 

The docket web page can be found 

https://www.regulations.gov/docket?D= 

EERE-2021-BT-WAV-0001. The docket 

web page contains instruction on how to 

access all documents, including public 

comments, in the docket. See the 

SUPPLEMENTARY INFORMATION section for 

information on how to submit 

comments through https://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Ms. Lucy deButts, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, Mailstop EE–5B, 

1000 Independence Avenue SW, 

Washington, DC 20585–0121. Email: 

AS_Waiver_Request@ee.doe.gov. 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 40535 

1On December 11, 2020, DOE published an 

amendment to the waiver petition regulation at 10 

CFR 430.27, which became effective beginning 

January 11, 2021. The Goodman petition was 

received prior to the effective date of that 

amendment and therefore is being processed 

pursuant to the regulation in effect at the time of 

receipt. References to 10 CFR 430.27 in this 

notification refer to the 10 CFR 430.27 in the 10 

CFR parts 200 to 499 edition revised as of January 

1, 2021. 

2All 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). 

3For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated as Part A. 

Mr. Pete Cochran, U.S. Department of 

Energy, Office of the General Counsel, 

Mail Stop GC–33, Forrestal Building, 

1000 Independence Avenue SW, 

Washington, DC 20585–0103. 

Telephone: (202) 586–9496. Email: 

Peter.Cochran@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: DOE is 

publishing Goodman’s petition for 

waiver in its entirety, pursuant to 10 

CFR 430.27(b)(1)(iv),1 absent any 

information for which petitioner 

requested treatment as confidential 

business information. DOE invites all 

interested parties to submit in writing 

by August 27, 2021, comments and 

information on all aspects of the 

petition, including the alternate test 

procedure. Pursuant to 10 CFR 

430.27(d), any person submitting 

written comments to DOE must also 

send a copy of such comments to the 

petitioner. The contact information for 

the petitioner is Rusty Tharp, 

Russell.Tharp@goodmanmfg.com, 

Goodman Manufacturing Company, L.P. 

19001 Kermier Road, Waller, TX 77484. 

Submitting comments via https://

www.regulations.gov. The https://

www.regulations.gov web page will 

require you to provide your name and 

contact information. Your contact 

information will be viewable to DOE 

Building Technologies staff only. Your 

contact information will not be publicly 

viewable except for your first and last 

names, organization name (if any), and 

submitter representative name (if any). 

If your comment is not processed 

properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information 

will be publicly viewable if you include 

it in the comment or in any documents 

attached to your comment. Any 

information that you do not want to be 

publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. 

Persons viewing comments will see only 

first and last names, organization 

names, correspondence containing 

comments, and any documents 

submitted with the comments. 

Do not submit to https://

www.regulations.gov information for 

which disclosure is restricted by statute, 

such as trade secrets and commercial or 

financial information (hereinafter 

referred to as Confidential Business 

Information (‘‘CBI’’)). Comments 

submitted through https://

www.regulations.gov cannot be claimed 

as CBI. Comments received through the 

website will waive any CBI claims for 

the information submitted. For 

information on submitting CBI, see the 

Confidential Business Information 

section. 

DOE processes submissions made 

through https://www.regulations.gov 

before posting. Normally, comments 

will be posted within a few days of 

being submitted. However, if large 

volumes of comments are being 

processed simultaneously, your 

comment may not be viewable for up to 

several weeks. Please keep the comment 

tracking number that https://

www.regulations.gov provides after you 

have successfully uploaded your 

comment. 

Submitting comments via email. 

Comments and documents submitted 

via email will also be posted to https:// 

www.regulations.gov. If you do not want 

your personal contact information to be 

publicly viewable, do not include it in 

your comment or any accompanying 

documents. Instead, provide your 

contact information on a cover letter. 

Include your first and last names, email 

address, telephone number, and 

optional mailing address. The cover 

letter will not be publicly viewable as 

long as it does not include any 

comments. 

Include contact information each time 

you submit comments, data, documents, 

and other information to DOE. No 

facsimiles (faxes) will be accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, written in English and free of 

any defects or viruses. Documents 

should not contain special characters or 

any form of encryption and, if possible, 

they should carry the electronic 

signature of the author. 

Campaign form letters. Please submit 

campaign form letters by the originating 

organization in batches of between 50 to 

500 form letters per PDF or as one form 

letter with a list of supporters’ names 

compiled into one or more PDFs. This 

reduces comment processing and 

posting time. 

Confidential Business Information. 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit via email two wellmarked copies: one copy of the 

document marked confidential 

including all the information believed to 

be confidential, and one copy of the 

document marked ‘‘non-confidential’’ 

with the information believed to be 

confidential deleted. DOE will make its 

own determination about the 

confidential status of the information 

and treat it according to its 

determination. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

Case Number 2021–001 

Interim Waiver Order 

I. Background and Authority 

The Energy Policy and Conservation 

Act, as amended (‘‘EPCA’’),2 among 

other things, authorizes the U.S. 

Department of Energy (‘‘DOE’’) to 

regulate the energy efficiency of a 

number of consumer products and 

industrial equipment. Title III, Part B 3

of EPCA established the Energy 

Conservation Program for Consumer 

Products Other Than Automobiles, 

which sets forth a variety of provisions 

designed to improve energy efficiency 

for certain types of consumer products. 

These products include central air 

conditioners and central air 

conditioning heat pumps (‘‘CACs’’ and 

‘‘HPs’’), the subject of this Interim 

Waiver Order. (42 U.S.C. 6292(a)(3)) 

The energy conservation program 

under EPCA consists essentially of four 

parts: (1) Testing, (2) labeling, (3) 

Federal energy conservation standards, 

and (4) certification and enforcement 

procedures. Relevant provisions of 

EPCA include definitions (42 U.S.C. 

6291), test procedures (42 U.S.C. 6293), 

labeling provisions (42 U.S.C. 6294), 

energy conservation standards (42 

U.S.C. 6295), and the authority to 

require information and reports from 

manufacturers (42 U.S.C. 6296). 

The Federal testing requirements 

consist of test procedures that 

manufacturers of covered products must 

use as the basis for: (1) Certifying to 

DOE that their products comply with 

the applicable energy conservation 


khammond on DSKJM1Z7X2PROD with NOTICES
40536 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 

4On December 11, 2020, DOE published an 

amendment to the waiver petition regulation at 10 

CFR 430.27, which became effective beginning 

January 11, 2021. The Goodman petition was 

received prior to the effective date of the 

amendment and therefore is being processed 

pursuant to the regulation in effect at the time of 

receipt. References to 10 CFR 430.27 in this 

notification refer to the 10 CFR 430.27 in the 10 

CFR parts 200 to 499 edition revised as of January 

1, 2021. 

5The specific basic models for which the petition 

applies are 28 Daikin basic models: 

DX17VSS181AA, DX17VSS181BA, 

DX17VSS241AA, DX17VSS241BA, 

DX17VSS301AA, DX17VSS301BA, 

DX17VSS361AA, DX17VSS361BA, 

DX17VSS421AA, DX17VSS421BA, 

DX17VSS481AA, DX17VSS481BA, 

DX17VSS601AA, DX17VSS601BA, 

DZ17VSA181AA, DZ17VSA181BA, 

DZ17VSA241AA, DZ17VSA241BA, 

DZ17VSA301AA, DZ17VSA301BA 

DZ17VSA361AA, DZ17VSA361BA, 

DZ17VSA421AA, DZ17VSA421BA, 

DZ17VSA481AA, DZ17VSA481BA, 

DZ17VSA601AA, and DZ17VSA601BA. These basic 

model names were provided by Goodman in its 

revised petition on March 30, 2021. 

6As noted, Appendix M1 is not required until 

January 1, 2023. However, manufacturers may 

determine it necessary to conduct testing under 

Appendix M1 in advance of that date to ensure 

compliance beginning on that future date. 

7 In Goodman’s initial petition (EERE–2021–BT– 

WAV–0001–0001), three basic model numbers were 

identified. In an email received January 19, 2021 

(EERE–2021–BT–WAV–0001–0002), Goodman 

clarified that one basic model number was listed in 

error, and that only two basic models are the subject 

of their petition. In an email received January 27, 

2021 (EERE–2021–BT–WAV–0001–0003), Goodman 

clarified that they had made an error in listing the 

basic model numbers subject to their petition, and 

that there are 14 basic model numbers to which 

their petition applies. In an email received on 

March 30, 2021 (EERE–2021–BT–WAV–0001– 

0004), Goodman clarified another error in their 14 

basic model numbers, which included wildcard 

characters. Goodman corrected their petition to list 

28 basic model numbers without any wildcards. 

standards adopted pursuant to EPCA (42 

U.S.C. 6295(s)), and (2) making 

representations about the efficiency of 

that product (42 U.S.C. 6293(c)). 

Similarly, DOE must use these test 

procedures to determine whether the 

covered product complies with relevant 

standards promulgated under EPCA. (42 

U.S.C. 6295(s)) 

Under 42 U.S.C. 6293, EPCA sets forth 

the criteria and procedures DOE is 

required to follow when prescribing or 

amending test procedures for covered 

products. EPCA requires that any test 

procedures prescribed or amended 

under this section must be reasonably 

designed to produce test results which 

reflect the energy efficiency, energy use 

or estimated annual operating cost of a 

covered product during a representative 

average use cycle or period of use and 

requires that test procedures not be 

unduly burdensome to conduct. (42 

U.S.C. 6293(b)(3)) The current test 

procedure for CACs and HPs is 

contained in the Code of Federal 

Regulations (‘‘CFR’’) at 10 CFR part 430, 

subpart B, appendix M, Uniform Test 

Method for Measuring the Energy 

Consumption of Central Air 

Conditioners and Heat Pumps 

(‘‘Appendix M’’). Beginning January 1, 

2023, any representations made with 

respect to the energy use, power, or 

efficiency of CACs and HPs must be 

based on the results of testing pursuant 

to 10 CFR part 430, subpart B, appendix 

M1, Uniform Test Method for Measuring 

the Energy Consumption of Central Air 

Conditioners and Heat Pumps 

(‘‘Appendix M1’’). 

Under 10 CFR 430.27,4 any interested 

person may submit a petition for waiver 

from DOE’s test procedure 

requirements. DOE will grant a waiver 

from the test procedure requirements if 

DOE determines either that the basic 

model for which the waiver was 

requested contains a design 

characteristic that prevents testing of the 

basic model according to the prescribed 

test procedures, or that the prescribed 

test procedures evaluate the basic model 

in a manner so unrepresentative of its 

true energy consumption characteristics 

as to provide materially inaccurate 

comparative data. 10 CFR 430.27(f)(2). A 

petitioner must include in its petition 

any alternate test procedures known to 

the petitioner to evaluate the 

performance of the product type in a 

manner representative of the energy 

consumption characteristics of the basic 

model. 10 CFR 430.27(b)(1)(iii). DOE 

may grant the waiver subject to 

conditions, including adherence to 

alternate test procedures. 10 CFR 

430.27(f)(2). 

As soon as practicable after the 

granting of any waiver, DOE will 

publish in the Federal Register a notice 

of proposed rulemaking to amend its 

regulations so as to eliminate any need 

for the continuation of such waiver. 10 

CFR 430.27(l). As soon thereafter as 

practicable, DOE will publish in the 

Federal Register a final rule. Id. 

The waiver process also provides that 

DOE may grant an interim waiver if it 

appears likely that the underlying 

petition for waiver will be granted and/ 

or if DOE determines that it would be 

desirable for public policy reasons to 

grant immediate relief pending a 

determination on the underlying 

petition for waiver. 10 CFR 430.27(e)(2). 

Within one year of issuance of an 

interim waiver, DOE will either: (i) 

Publish in the Federal Register a 

determination on the petition for 

waiver; or (ii) publish in the Federal 

Register a new or amended test 

procedure that addresses the issues 

presented in the waiver. 10 CFR 

430.27(h)(1). When DOE amends the test 

procedure to address the issues 

presented in a waiver, the waiver will 

automatically terminate on the date on 

which use of that test procedure is 

required to demonstrate compliance. 10 

CFR 430.27(h)(2). 

II. Goodman’s Petition for Waiver and 

Interim Waiver 

On January 8, 2021, Goodman filed a 

petition for waiver and interim waiver 

from the test procedure for CACs and 

HPs set forth in Appendix M and 

Appendix M1.5 Goodman stated that 

Appendix M and Appendix M1 6 do not 

include provisions for determining 

cooling intermediate air volume rate, 

cooling minimum air volume rate, and 

heating intermediate air volume rate for 

the variable-speed coil-only single-split 

systems specified in its petition. 

Goodman asserts that although the CAC 

and HP test procedures at Appendix M 

and Appendix M1 generally provide for 

testing of variable-speed systems, they 

do not provide for testing of variablespeed coil-only single-split systems. 

Coil-only indoor units are distributed in 

commerce without an indoor blower or 

separate designated air mover. Such 

systems would be installed either with 

an existing air mover (e.g., a furnace) or 

with a new air mover which is not 

designed by the manufacturer. The DOE 

test procedure provides instructions for 

setting airflow during testing to 

represent such indoor blowers or air 

movers. For example, the DOE test 

procedure provides instructions for 

setting minimum cooling air volume 

rate for ducted two-capacity coil-only 

systems in section 3.1.4.2(c) of 

Appendix M and Appendix M1. 

However, such instructions are not 

provided for testing variable-speed 

outdoor units paired with coil-only 

indoor units. Goodman seeks to use an 

alternate test procedure that provides 

instructions for setting air volume rates 

for all required tests to rate and test the 

basic models 7 listed in its petition. 

Goodman also requests an interim 

waiver from the existing DOE test 

procedure. DOE will grant an interim 

waiver if it appears likely that the 

petition for waiver will be granted, and/ 

or if DOE determines that it would be 

desirable for public policy reasons to 

grant immediate relief pending a 

determination of the petition for waiver. 

10 CFR 430.27(e)(2). 

Based on the assertions in the 

petition, absent an interim waiver, the 

specified variable-speed coil-only 

single-split models that are subject of 

the waiver cannot be tested under the 

existing test procedure because 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 40537 

8Section 3.1.4.2.c of Appendix M, and section 

3.1.4.2.c of Appendix M1, which becomes the 

appropriate test procedure on or after January 1, 

2023. 

9The specified basic models contain individual 

combinations, which do not specify a particular air 

mover, and that each consist of an outdoor unit that 

uses a variable speed compressor matched with a 

coil-only indoor unit. 

Appendix M (and Appendix M1) does 

not include provisions for determining 

certain air volume rates for variablespeed coil-only single-split systems. 

III. Requested Alternate Test Procedure 

EPCA requires that manufacturers use 

DOE test procedures when making 

representations about the energy 

consumption and energy consumption 

costs of covered products. (42 U.S.C. 

6293(c)). Consistency is important when 

making representations about the energy 

efficiency of products, including when 

demonstrating compliance with 

applicable DOE energy conservation 

standards. Pursuant to 10 CFR 430.27, 

and after consideration of public 

comments on the petition, DOE may 

establish in a subsequent Decision and 

Order an alternate test procedure for the 

basic models addressed by the Interim 

Waiver Order. 

In its petition, Goodman notes that 

DOE has granted waivers to GD Midea 

Heating & Ventilating Equipment Co., 

Ltd. (‘‘GD Midea’’) and TCL air 

conditioner (zhongshan) Co. Ltd. (‘‘TCL 

AC’’) for variable-speed coil-only singlesplit systems. 83 FR 56065 (Nov. 9, 

2018) and 84 FR 11941 (Mar. 29, 2019), 

respectively. The Midea and TCL 

waivers require use of an alternate test 

procedure that specifies the same air 

volume rate for all tests, consistent with 

the controls of the systems addressed in 

those waivers, which do not have the 

provision for control signals to vary 

indoor fan speed. In contrast, Goodman 

states that its systems do have 

provisions for installing control 

components that can select lower indoor 

fan speed when the outdoor unit 

compressor is not running at full speed. 

As described by Goodman, the control 

takes advantage of the fact that nearly 

all central air-conditioning and heating 

system indoor fans have multiple 

speeds. The alternate test procedure 

requested by Goodman would specify 

lower airflow rates for certain tests. This 

parallels the test procedure approach for 

ducted two-stage coil-only systems.8

In its petition, Goodman requests that 

it be allowed to use a similar alternate 

test procedure as that granted to GD 

Midea and TCL AC, but Goodman’s 

alternate test procedure would be 

different in that it would utilize the 

procedures for ducted two-stage coilonly systems and use the cooling 

minimum air volume rate as determined 

in section 3.1.4.2.c of Appendix M and 

Appendix M1 for the cooling minimum, 

heating minimum, cooling intermediate, 

and heating intermediate test 

conditions. In the alternate test 

procedure requested by Goodman, the 

cooling minimum air volume rate is the 

higher of either the rate specified by the 

instructions included with the unit or 

75% of the cooling full-load air volume 

rate. All other requirements of 

Appendix M (and Appendix M1) remain 

identical. 

IV. Interim Waiver Order 

DOE has reviewed Goodman’s 

application for an interim waiver, the 

alternate test procedure requested by 

Goodman, publicly available 

specification sheets and installation 

manuals, and the additional materials 

Goodman provided in support of its 

petition. Goodman’s alternate test 

procedure proposes for its variablespeed coil-only systems to be tested 

using a minimum air volume rate that 

is determined using the same 

procedures as for ducted two-capacity 

coil-only units. DOE does not expect 

that there would be any differences in 

the typical installation scenarios for 

two-capacity or variable-speed coil-only 

systems, i.e., the typical control wiring 

for a furnace fan paired with a coil-only 

indoor unit would enable two stages of 

fan control, regardless of the number of 

compressor stages. Therefore, DOE 

agrees with aligning the minimum air 

volume rate between two-capacity and 

variable-speed coil-only indoor units 

and believes that the proposed alternate 

test procedure is appropriate for use 

with the models listed in Goodman’s 

petition. Based on DOE’s review, the 

alternate test procedure appears to allow 

for the accurate measurement of the 

energy efficiency of the products 

specified in Goodman’s petition, while 

alleviating the testing problems 

associated with Goodman’s testing for 

these basic models. Consequently, it 

appears likely that Goodman’s petition 

for waiver will be granted. Furthermore, 

DOE has determined that it is desirable 

for public policy reasons to grant 

Goodman immediate relief pending a 

determination of the petition for waiver. 

For the reasons stated, it is ordered 

that: 

(1) Goodman must test and rate the 

following Daikin brand single-split 

central air conditioner and heat pump 

(‘‘CAC and HP’’) basic models, which 

are comprised of the individual 

combinations listed below,9 using the 

alternate test procedure set forth in 

paragraph (2). 

Basic model No. Brand Outdoor unit Indoor unit 

DX17VSS181AA .................................................................................................... Daikin ................ DX17VSS181AA ........ CAPEA1818*4* 

Daikin ................ DX17VSS181AA ........ CHPE2430B4* 

DX17VSS181BA .................................................................................................... Daikin ................ DX17VSS181BA ........ CAPEA1818*4* 

Daikin ................ DX17VSS181BA ........ CHPE2430B4* 

DX17VSS241AA .................................................................................................... Daikin ................ DX17VSS241AA ........ CAPEA1818*4* 

Daikin ................ DX17VSS241AA ........ CAPEA2422*4* 

Daikin ................ DX17VSS241AA ........ CHPE3636B4* 

Daikin ................ DX17VSS241AA ........ CHPE3642C4* 

DX17VSS241BA .................................................................................................... Daikin ................ DX17VSS241BA ........ CAPEA1818*4* 

Daikin ................ DX17VSS241BA ........ CAPEA2422*4* 

Daikin ................ DX17VSS241BA ........ CHPE3636B4* 

Daikin ................ DX17VSS241BA ........ CHPE3642C4* 

DX17VSS301AA .................................................................................................... Daikin ................ DX17VSS301AA ........ CAPEA2422*4* 

Daikin ................ DX17VSS301AA ........ CHPE3636B4* 

Daikin ................ DX17VSS301AA ........ CHPE3642C4* 

DX17VSS301BA .................................................................................................... Daikin ................ DX17VSS301BA ........ CAPEA2422*4* 

Daikin ................ DX17VSS301BA ........ CHPE3636B4* 

Daikin ................ DX17VSS301BA ........ CHPE3642C4* 

DX17VSS361AA .................................................................................................... Daikin ................ DX17VSS361AA ........ CAPEA3026*4* 

Daikin ................ DX17VSS361AA ........ CHPE3636B4* 


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40538 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 

Basic model No. Brand Outdoor unit Indoor unit 

Daikin ................ DX17VSS361AA ........ CHPE3743C4* 

Daikin ................ DX17VSS361AA ........ CHPE3743D4* 

DX17VSS361BA .................................................................................................... Daikin ................ DX17VSS361BA ........ CAPEA3026*4* 

Daikin ................ DX17VSS361BA ........ CHPE3636B4* 

Daikin ................ DX17VSS361BA ........ CHPE3743C4* 

Daikin ................ DX17VSS361BA ........ CHPE3743D4* 

DX17VSS421AA .................................................................................................... Daikin ................ DX17VSS421AA ........ CAPE4860*4* 

Daikin ................ DX17VSS421AA ........ CHPE3743C4* 

Daikin ................ DX17VSS421AA ........ CHPE3743D4* 

DX17VSS421BA .................................................................................................... Daikin ................ DX17VSS421BA ........ CAPE4860*4* 

Daikin ................ DX17VSS421BA ........ CHPE3743C4* 

Daikin ................ DX17VSS421BA ........ CHPE3743D4* 

DX17VS481AA ...................................................................................................... Daikin ............... DX17VSS481AA ........ CAPE4860*4* 

Daikin ................ DX17VSS481AA ........ CAPE4961*4* 

Daikin ................ DX17VSS481AA ........ CHPE3743C4* 

Daikin ................ DX17VSS481AA ........ CHPE4860D4* 

DX17VSS481BA .................................................................................................... Daikin ................ DX17VSS481BA ........ CAPE4860*4* 

Daikin ................ DX17VSS481BA ........ CAPE4961*4* 

Daikin ................ DX17VSS481BA ........ CHPE3743C4* 

Daikin ................ DX17VSS481BA ........ CHPE4860D4* 

DX17VSS601AA .................................................................................................... Daikin ................ DX17VSS601AA ........ CAPE4961*4* 

Daikin ................ DX17VSS601AA ........ CHPE4860D4* 

DX17VSS601BA .................................................................................................... Daikin ................ DX17VSS601BA ........ CAPE4961*4* 

Daikin ................ DX17VSS601BA ........ CHPE4860D4* 

DZ17VSA181AA .................................................................................................... Daikin ................ DZ17VSA181AA ........ CAPEA1818*4* 

Daikin ................ DZ17VSA181AA ........ CHPEA2430B4* 

DZ17VSA181BA .................................................................................................... Daikin ................ DZ17VSA181BA ........ CAPEA1818*4* 

Daikin ................ DZ17VSA181BA ........ CHPEA2430B4* 

DZ17VSA241AA .................................................................................................... Daikin ................ DZ17VSA241AA ........ CAPEA1818*4* 

Daikin ................ DZ17VSA241AA ........ CAPEA2422*4* 

Daikin ................ DZ17VSA241AA ........ CHPEA3636B4* 

Daikin ................ DZ17VSA241AA ........ CHPEA3642C4* 

DZ17VSA241BA .................................................................................................... Daikin ................ DZ17VSA241BA ........ CAPEA1818*4* 

Daikin ................ DZ17VSA241BA ........ CAPEA2422*4* 

Daikin ................ DZ17VSA241BA ........ CHPEA3636B4* 

Daikin ................ DZ17VSA241BA ........ CHPEA3642C4* 

DZ17VSA301AA .................................................................................................... Daikin ................ DZ17VSA301AA ........ CAPEA2422*4* 

Daikin ................ DZ17VSA301AA ........ CHPEA3636B4* 

Daikin ................ DZ17VSA301AA ........ CHPEA3642C4* 

DZ17VSA301BA .................................................................................................... Daikin ................ DZ17VSA301BA ........ CAPEA2422*4* 

Daikin ................ DZ17VSA301BA ........ CHPEA3636B4* 

Daikin ................ DZ17VSA301BA ........ CHPEA3642C4* 

DZ17VSA361AA .................................................................................................... Daikin ................ DZ17VSA361AA ........ CAPEA3026*4* 

Daikin ................ DZ17VSA361AA ........ CHPEA3636B4* 

Daikin ................ DZ17VSA361AA ........ CHPEA3743C4* 

Daikin ................ DZ17VSA361AA ........ CHPEA3743D4* 

DZ17VSA361BA .................................................................................................... Daikin ................ DZ17VSA361BA ........ CAPEA3026*4* 

Daikin ................ DZ17VSA361BA ........ CHPEA3636B4* 

Daikin ................ DZ17VSA361BA ........ CHPEA3743C4* 

Daikin ................ DZ17VSA361BA ........ CHPEA3743D4* 

DZ17VSA421AA .................................................................................................... Daikin ................ DZ17VSA421AA ........ CAPEA4860*4* 

Daikin ................ DZ17VSA421AA ........ CHPEA3743C4* 

Daikin ................ DZ17VSA421AA ........ CHPEA3743D4* 

DZ17VSA421BA .................................................................................................... Daikin ................ DZ17VSA421BA ........ CAPEA4860*4* 

Daikin ................ DZ17VSA421BA ........ CHPEA3743C4* 

Daikin ................ DZ17VSA421BA ........ CHPEA3743D4* 

DZ17VSA481AA .................................................................................................... Daikin ................ DZ17VSA481AA ........ CAPEA4860*4* 

Daikin ................ DZ17VSA481AA ........ CAPEA4961*4* 

Daikin ................ DZ17VSA481AA ........ CHPEA3743C4* 

Daikin ................ DZ17VSA481AA ........ CHPEA4860D4* 

DZ17VSA481BA .................................................................................................... Daikin ................ DZ17VSA481BA ........ CAPEA4860*4* 

Daikin ................ DZ17VSA481BA ........ CAPEA4961*4* 

Daikin ................ DZ17VSA481BA ........ CHPEA3743C4* 

Daikin ................ DZ17VSA481BA ........ CHPEA4860D4* 

DZ17VSA601AA .................................................................................................... Daikin ................ DZ17VSA601AA ........ CAPEA4961*4* 

Daikin ................ DZ17VSA601AA ........ CHPEA4860D4* 

DZ17VSA601BA .................................................................................................... Daikin ................ DZ17VSA601BA ........ CAPEA4961*4* 

Daikin ................ DZ17VSA601BA ........ CHPEA4860D4* 

(2) The alternate test procedure for the 

Goodman basic models identified in 

paragraph (1) of this Interim Waiver 

Order is the test procedure for CACs and 

HPs prescribed by DOE at 10 CFR part 

430, subpart B, appendix M (‘‘Appendix 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 40539 

M’’) and, for representations made on 

and after January 1, 2023, at 10 CFR part 

430, subpart B, appendix M1 

(‘‘Appendix M1’’), except that for coilonly combinations: 

In 3.1.4.2., Cooling Minimum Air 

Volume Rate, include: 

f. For ducted variable-speed 

compressor systems tested with a coilonly indoor unit, the cooling minimum 

air volume rate is the higher of (1) the 

rate specified by the installation 

instructions included with the unit by 

the manufacturer or (2) 75 percent of the 

cooling full-load air volume rate. During 

the laboratory tests on a coil-only 

(fanless) system, obtain this cooling 

minimum air volume rate regardless of 

the pressure drop across the indoor coil 

assembly. 

In 3.1.4.3., Cooling Intermediate Air 

Volume Rate, include: 

d. For ducted variable-speed 

compressor systems tested with a coilonly indoor unit, the cooling 

intermediate air volume rate is the same 

as the cooling minimum air volume rate 

determined in section 3.1.4.2.f, without 

regard to the pressure drop across the 

indoor coil assembly. 

In 3.1.4.6., Heating Intermediate Air 

Volume Rate (limited to ducted coilonly variable-speed heat pumps), 

include: 

d. For ducted variable-speed 

compressor systems tested with a coilonly indoor unit, use the heating 

minimum air volume rate as determined 

in section 3.1.4.5.1.a.(3), without regard 

to the pressure drop across the indoor 

coil assembly. 

The cooling minimum, cooling 

intermediate, heating minimum, and 

heating intermediate air volume rates 

are all identical under these provisions. 

All other requirements of Appendix M 

and Appendix M1 remain applicable. 

(3) Representations. Goodman may 

not make representations about 

efficiency of the basic models listed in 

paragraph (1) for compliance, 

marketing, or other purposes unless that 

basic model has been tested in 

accordance with the provisions set forth 

in this alternate test procedure and such 

representations fairly disclose the 

results of such testing. 

(4) This Interim Waiver Order shall 

remain in effect according to the 

provisions of 10 CFR 430.27. 

(5) This Interim Waiver Order is 

issued on the condition that the 

statements, representations, and 

documentary materials provided by 

Goodman are valid. If Goodman makes 

any modifications to the controls or 

configurations of a basic model subject 

to this Interim Waiver Order, such 

modifications will render the waiver 

invalid with respect to that basic model, 

and Goodman will either be required to 

use the current Federal test method or 

submit a new application for a test 

procedure waiver. DOE may rescind or 

modify this Interim Waiver Order at any 

time if it determines the factual basis 

underlying the petition for Interim 

Waiver Order is incorrect, or the results 

from the alternate test procedure are 

unrepresentative of a basic models’ true 

energy consumption characteristics. 10 

CFR 430.27(k)(1). Likewise, Goodman 

may request that DOE rescind or modify 

the Interim Waiver Order if Goodman 

discovers an error in the information 

provided to DOE as part of its petition, 

determines that the Interim Waiver 

Order is no longer needed, or for other 

appropriate reasons. 10 CFR 

430.27(k)(2). 

(6) Issuance of this Interim Waiver 

Order does not release Goodman from 

the applicable requirements set forth at 

10 CFR part 429. 

DOE makes decisions on waivers and 

interim waivers for only those basic 

models specifically set out in the 

petition, not future models that may be 

manufactured by the petitioner. 

Goodman may submit a new or 

amended petition for waiver and request 

for grant of interim waiver, as 

appropriate, for additional basic models 

of CACs and HPs. Alternatively, if 

appropriate, Goodman may request that 

DOE extend the scope of a waiver or an 

interim waiver to include additional 

basic models employing the same 

technology as the basic model(s) set 

forth in the original petition consistent 

with 10 CFR 430.27(g). 

Signing Authority 

This document of the Department of 

Energy was signed on July 22, 2021, by 

Kelly J. Speakes-Backman, Principal 

Deputy Assistant Secretary and Acting 

Assistant Secretary for Energy Efficiency 

and Renewable Energy, pursuant to 

delegated authority from the Secretary 

of Energy. That document with the 

original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on July 23, 

2021. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

*** Public Version *** 

SUBMITTED VIA EMAIL to AS_

Waiver_Requests@ee.doe.gov 

January 7, 2021 

U.S. Department of Energy 

Building Technologies Program 

Test Procedure Waiver 

1000 Independence Avenue SW, 

Mailstop EE–5B 

Washington, DC 20585–0121 

Re: Petition for Waiver and Interim 

Waiver on Test Procedure for Certain 

Variable-Speed Central Air 

Conditioners 

Dear Sir/Ms.: Goodman 

Manufacturing Company, L.P. 

(‘‘Goodman’’) respectfully submits 

petitions for waiver and interim waiver 

to the Department of Energy (‘‘DOE’’) 

from certain provisions in the current 

federal test procedure for central air 

conditioners and heat pumps in 

Appendix M to Subpart B of 10 CFR 

part 430 (‘‘Appendix M’’) applicable 

until January 1, 2023, and the future test 

procedure set forth in Appendix M1 to 

Subpart B of 10 CFR part 430 

(‘‘Appendix M1’’) and applicable on or 

after January 1, 2023, specifically for 

ducted coil-only variable-speed singlesplit system central air conditioners 

(‘‘VSAC’’) and variable-speed singlesplit system heat pumps (‘‘VSHP’’). 

Goodman is a member of Daikin 

Group, one of the largest heating, 

ventilation and air conditioning 

(‘‘HVAC’’) manufacturers in the world. 

Goodman is headquartered in Houston, 

Texas, and employs thousands of 

workers across the United States. The 

company manufactures residential and 

light commercial heating and cooling 

equipment, and its products are sold 

and installed by contractors in every 

American state. 

I. Introduction 

While the federal test procedures in 

Appendix M and Appendix M1 specify 

tests for variable- speed systems, 

provisions specific to testing ducted 

coil-only VSACs and VSHPs do not 

exist in the test procedure. As explained 

further below, Goodman is seeking a 

waiver and an interim waiver from the 

federal test procedure to allow for 

testing and representations of 

performance metrics for certain ducted 

coil-only VSACs and VSHPs. 

Goodman’s petition is consistent with 

previous DOE Decisions and Orders that 

granted waivers to other manufacturers 


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40540 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 

1 See e.g., TCL AC (Case No. 2018–009, Docket 

EERE–2018–BT–WAV–0013, granted 3/29/19, 

published 84FR11941) and GD Midea (Case No. 

2017–013, Docket EERE–2017–BT–WAV–0060, 

granted 11/09/18, published 83FR56065). 2 Section 3.1.4.2.c. of Appendix M prior to 

January 1, 2023, and Section 3.1.4.2.c. of Appendix 

M1 on or after January 1, 2023. 

3 The installer would supply a SPDT relay to 

control the fan speed of the existing furnace. This 

is the same scheme used to change fan speed for 

two-stage systems today that is covered in today’s 

DOE test procedure for those products. For twostage systems, the installer will use a 24-volt signal 

from the room thermostat (either Y1 or Y2) to apply 

to the coil of the SPDT relay, which switches the 

fan speed as needed. For Goodman’s variable speed 

applications, the installer will use the 24-volt signal 

from the electronic expansion valves in both the 

outdoor and indoor units. 

4Energy conservation standards in 10 CFR part 

430.32(c) and certification and compliance in 

accordance with 10 CFR part 429. 

5Table 8 in Appendix M to Subpart B of 10 CFR 

part 430 specifies cooling mode test conditions for 

units having a variable-speed compressor, and these 

tests cannot be appropriately conducted without 

clear provisions pertaining to the three separate 

cooling air volume rates. Table 14 in Appendix M 

to Subpart B of 10 CFR part 430 specifies heating 

mode test conditions for units having a variablespeed compressor, and these tests cannot be 

appropriately conducted without clear provisions 

pertaining to the three separate heating air volume 

rates. 

from specified portions of the DOE test 

procedure for determining the energy 

efficiency of central air conditioners and 

heat pumps.1

Goodman is asking the DOE to 

approve a proposed alternate test 

procedure that differs only slightly from 

the alternate test procedure DOE 

previously approved for other 

manufacturers. The difference is rather 

than using the full-load air volume rate 

for all tests, Goodman proposes to use 

the minimum air volume rate for 

intermediate and minimum speed tests, 

which aligns with the process in 

Appendix M and Appendix M1 for 

ducted two-stage coil-only systems.2

Our request would utilize the cooling 

minimum air volume rate for cooling 

intermediate and cooling minimum 

tests. Further, in lieu of using the 

heating full-load air volume rate for the 

heating intermediate air volume rate, 

Goodman proposes to use the heating 

minimum air volume rate for ducted 

two-stage coil-only systems determined 

in section 3.1.4.5.1.a.(3). of the current 

federal test procedure. Additional 

details about Goodman’s proposed 

alternate test procedure are provided in 

Section V of this petition. 

Some information provided is 

confidential business information 

(‘‘CBI’’), therefore in accordance with 10 

CFR 1004.11, we are submitting one 

copy of this petition with CBI 

information redacted. CBI information is 

indicated by being enclosed in square 

brackets, ‘‘[‘‘and’’]’’. 

II. Particular Basic Models for Which 

Goodman Requests a Waiver and 

Interim Waiver 

As required by 10 CFR 430.27(b)(i), 

Goodman is providing, in Appendix I of 

this petition, a list of the basic models 

for which Goodman requests a waiver 

from the test procedure. Each indoor 

unit is equipped with an electronic 

expansion valve. As a result, both the 

outdoor unit and indoor coil will 

communicate with each other to control 

superheat and subcooling. Our system 

control has an output that allows for a 

standard single-pole double-throw relay 

(‘‘SPDT’’) to be field installed to control 

indoor fan speed.3 For conditions other 

than full-load, lowering the air volume 

rate from full-load to a lesser quantity 

provides benefits to the consumer by 

helping to maintain humidity control, 

providing more comfortable discharge 

air temperatures and reducing indoor 

fan energy consumption. Therefore, 

allowing differing airflows during the 

test will result in a better representation 

of the unit’s actual performance for 

consumers and further DOE’s goal under 

EPCA of more accurate testing. 

III. List of Manufacturers 

As required by 10 CFR 430.27(b)(ii), 

Goodman is providing, in Appendix II 

of this petition, a list of manufacturers 

of all other basic models distributed in 

commerce in the United States and 

known to Goodman to incorporate 

design characteristic(s) similar to those 

found in the basic models that are the 

subject of the petition. 

IV. Grounds for Petition of Waiver 

Goodman notes that the federal test 

procedures in Appendix M and 

Appendix M1 do not include provisions 

to determine the following cooling air 

volume rates for ducted coil-only 

VSACs and VSHPs: Cooling minimum, 

cooling intermediate, and heating 

intermediate (limited to ducted coilonly VSHPs). Specifically, sections 

3.1.4.2 on cooling minimum air volume 

rate, 3.1.4.3 on cooling intermediate air 

volume rate, and 3.1.4.6 on heating 

intermediate air volume rate in 

Appendix M and Appendix M1 do not 

include adequate procedures for testing 

ducted coil-only VSACs/VSHPs. 

However, determination of these 

cooling/heating air volume rates is 

essential to establishing performance 

metrics, determining and certifying 

compliance in accordance with DOE’s 

current requirements.4 Although a coilonly represented value is not prohibited 

for ducted coil-only VSACs and VSHPs 

under 10 CFR 429.16(a) and the scopes 

of both Appendix M and Appendix M1 

include such systems, the lack of 

coverage within the current test 

procedure to determine the cooling and 

heating air volume rates for such 

systems makes it impossible to make 

appropriate representations of 

performance metrics for these systems.5

As described generally above, our 

VSACs and VSHPs, if used in a coilonly application, have design 

characteristics for which the Appendix 

M and Appendix M1 test procedures 

cannot accurately represent their true 

energy consumption. Therefore, using 

the current test procedures without a 

waiver would result in materially 

inaccurate comparative data. 10 CFR 

429.27(a)(1) and 10 CFR 429.27(f)(2). 

The remainder of this section describes 

in detail the design characteristics that 

form the basis for our request for waiver 

and interim waiver. 

The basic models for which we 

request a test procedure waiver and 

interim waiver will require the use of 

[REDACTED] 

For these reasons, specifying Cooling 

Minimum Airflow Rate or Heating 

Minimum Airflow Rate, as appropriate 

for the cooling or heating intermediate 

and minimum tests, will ensure that the 

test procedure matches the true 

operation, and therefore the true energy 

consumption, of our systems when 

installed in a consumer’s home. 


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Figure 2. DOE Formula for 

Intermediate Compressor Speed 
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 40541 

8Regardless of whether the new air conditioner 

or heat pump is single-stage or two-stage. 

9https://www.ahridirectory.org/Search/ 

SearchHome. 

10Prior to Fan Energy Rating (‘‘FER’’) rule that 

went into effect 7/3/2019. 

11Note that provisions in section 3.1.4.5.2.d. 

specific to ducted two-stage coil-only system 

northern heat pumps and ducted two-stage heatingonly coil-only system heat pumps do not apply to 

the basic models addressed in this petition. 

[Redacted] 

Just as with any new air conditioner 

or heat pump installation using an 

existing furnace 8 the contractor who 

installs one of our VSAC or VSHP will 

need to determine the appropriate speed 

tap(s) of the existing furnace blower to 

connect to the furnace control. The 

airflow rates at which our systems will 

have certified performance will be 

published in both our technical 

literature and on the AHRI Directory of 

Certified Product Performance.9

Many existing furnaces with 

permanent split capacitor (‘‘PSC’’) 

motors, which is presently most of the 

installation base, typically have four or 

five speed taps for the motors. Many 

furnaces Goodman manufactured for 

years 10 had PSC motors with speed taps 

for ‘‘hi,’’ ‘‘med,’’ ‘‘med-low’’ and ‘‘low’’ 

airflow rates. For ‘‘high stage’’ cooling/ 

heating operation, most field 

applications of single-stage or two-stage 

air conditioners or heat pumps would 

use one of the higher speed taps (such 

as ‘‘hi’’ or ‘‘med’’). For application of 

our variable speed air conditioners or 

heat pumps, we would recommend 

using the same speed tap for the higher 

airflow as would be used for ‘‘high 

stage’’ of a two-stage unit or for singlestage. 

For ‘‘low stage’’ cooling/heating 

operation, most field applications of 

two-stage units would use the lowest or 

second lowest of the speed taps (such as 

‘‘low’’ or ‘‘med-low’’). For application of 

our variable speed air conditioners or 

heat pumps, we would recommend 

using the same speed tap for the lower 

airflow as would be used for ‘‘low 

stage’’ of a two-stage unit. 

This concludes the description of the 

design characteristics of our VSACs and 

VSHPs which render the current 

Appendix M and Appendix M1 test 

procedures incapable of providing 

accurate and representative measures of 

their true energy consumption. The next 

section provides our suggested 

modifications to Appendix M and 

Appendix M1 that will provide accurate 

and representative test data for our 

VSAC and VSHP. 

V. Proposed Alternate Test Procedures 

As required by 10 CFR 430.27(b)(iii), 

Goodman is providing the proposed 

revisions below to Appendix M and 

Appendix M1 as the alternative to 

evaluate the performance of the basic 

models listed in Appendix I of this 

petition. 

The alternate test procedures for the 

Goodman basic models identified in 

Appendix I of this petition are identical 

to the test procedures prescribed in 

Appendix M and Appendix M1. The 

exception is as described below, for 

coil-only combinations, the cooling 

minimum air volume rate as determined 

in section 3.1.4.2.c. of Appendix M and 

Appendix M1 shall be used as the 

cooling intermediate and cooling 

minimum air volume rates. The heating 

minimum air volume rate as determined 

in section 3.1.4.5.1.a.(3). of both 

Appendix M and Appendix M1 shall 

also be used as the heating intermediate 

air volume rate.11 All other 

requirements of Appendix M and 

Appendix M1 remain identical. 

In 3.1.4.2, Cooling Minimum Air 

Volume Rate, include the following: 

f. For ducted variable-speed 

compressor systems tested with a coilonly indoor unit, the cooling minimum 

air volume rate is the higher of (1) the 

rate specified by the installation 

instructions included with the unit by 

the manufacturer or (2) 75 percent of the 

cooling full-load air volume rate. During 

the laboratory tests on a coil-only 

(fanless) system, obtain this cooling 

minimum air volume rate regardless of 

the pressure drop across the indoor coil 

assembly. 

In 3.1.4.3, Cooling Intermediate Air 

Volume Rate, include the following: 

d. For ducted variable-speed 

compressor systems tested with a coilonly indoor unit, use the cooling 

minimum air volume rate as determined 

in 3.1.4.2(f), without regard to the 

pressure drop across the indoor coil 

assembly. 

In 3.1.4.6, Heating Intermediate Air 

Volume Rate (limited to ducted coilonly VSHPs), include the following: 

d. For ducted variable-speed 

compressor systems tested with a coilonly indoor unit, use the heating 

minimum air volume rate as determined 

in 3.1.4.5.1.a.(3), without regard to the 

pressure drop across the indoor coil 

assembly. 

No alternate test procedure is being 

proposed for Cooling Full-load Air 

Volume Rate, Heating Minimum Air 

Volume Rate (limited to ducted coilonly VSHPs), and Heating Full-Load Air 

Volume Rate (limited to ducted coilonly VSHPs). Cooling Full-load Air 

Volume Rate will be determined using 

section 3.1.4.1.1.c. of the federal test 

procedures set forth in Appendix M and 

M1. Heating Minimum Air Volume Rate 

will be determined using section 

3.1.4.5.1.a.(3) of the federal test 

procedures set forth in Appendix M and 

M1. Heating Full-load Air Volume Rate 

will be determined using section 

3.1.4.4.1.a.(3) of the federal test 

procedures set forth in Appendix M and 

M1. 

VI. Petition for Interim Waiver 

Pursuant to 10 CFR part 430.27(b)(2), 

Goodman also hereby applies for an 

interim waiver of the applicable test 

procedure requirements for the basic 

models listed in Appendix I of this 

petition. 

Goodman believes the petition for 

waiver is likely to be granted, as 

evidenced in Section I and Section IV of 

this document. Without waiver relief, 

Goodman would be subject to 

requirements under the current federal 

test procedure that would render it 

impossible for Goodman to make 

appropriate representations of 

performance metrics for the basic 

models listed in Appendix I of this 

petition, thereby precluding Goodman 

from distributing these basic models 

into commerce and limiting consumer 

choice and competition. Goodman 

respectfully requests DOE to consider 

this public policy aspect and grant 

immediate relief pending a 

determination on the petition for 

waiver, while also accounting for any 

similar decisions made in the past for 

other manufacturers on the same matter. 

Additionally, Goodman is likely to 

suffer economic hardship and a 

competitive disadvantage if DOE does 

not grant its interim waiver request. 

Absent an interim waiver, the basic 

models listed in Appendix I of this 

petition will continue to remain 

disadvantaged in the marketplace 

relative to other products. If Goodman 

must wait for completion of the waiver 

consideration and issuance process, it 

may well be forced to delay the 

opportunity to offer high efficiency, 

energy saving VSAC and VSHP models 

to U.S. consumers, as well as delay 

recouping production and marketing 

costs associated with introducing the 

basic models via product sales into the 

U.S. market. 

VII. Concluding Remarks 

Goodman respectfully requests that 

DOE grant its petitions for waiver and 

interim waiver of the applicable test 

procedure for the specified basic 

models. Goodman requests expedited 

treatment of both the petitions and is 

willing to provide promptly any 

additional information DOE requires to 


khammond on DSKJM1Z7X2PROD with NOTICES
40542 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Notices 

act expeditiously, as receipt of the 

waivers will facilitate Goodman’s timely 

production of the applicable models for 

the upcoming cooling season. If you 

have any questions regarding 

Goodman’s petitions for waiver and 

interim waiver, please do not hesitate to 

contact myself or Rusty Tharp, Senior 

Director of Regulatory Affairs (713/263– 

5906 or rusty.tharp@goodmanmfg.com). 

Sincerely, 

/s/ 

Sukru Erisgen 

Vice President of Engineering, Tel: 713/861– 

2500, 

Email: sukru.erisgen@goodmanmfg.com 

Appendix I 

The waiver and interim waiver 

requests apply to the following basic 

models. Note that for all coil-only 

systems, there is no indoor unit with 

fan. 

Manufacturer 

(outdoor unit 

or package 

unit) 

Manufacturer 

(indoor unit) Brand name(s) Basic model No. (No. unique to the basic model) 

Individual model No. covered 

by basic model (outdoor unit 

or package unit) 

Individual model No. (indoor 

unit), if applicable 

Daikin ............. Daikin ............. Daikin ............. DX17VSS181* ...................... DX17VSS181* ...................... CAPEA1818*4* 

Daikin ............. Daikin ............. Daikin ............. DX17VSS181* ...................... CHPE2430B4* 

Daikin ............. Daikin ............. Daikin ............. DX17VSS241* ...................... DX17VSS241* ...................... CAPEA1818*4* 

Daikin ............. Daikin ............. Daikin ............. DX17VSS241* ...................... CAPEA2422*4* 

Daikin ............. Daikin ............. Daikin ............. DX17VSS241* ...................... CHPE3636B4* 

Daikin ............. Daikin ............. Daikin ............. DX17VSS241* ...................... CHPE3642C4* 

Daikin ............. Daikin ............. Daikin ............. DX17VSS301* ...................... DX17VSS301* ...................... CAPEA2422*4* 

Daikin ............. Daikin ............. Daikin ............. DX17VSS301* ...................... CHPE3636B4* 

Daikin ............. Daikin ............. Daikin ............. DX17VSS301* ...................... CHPE3642C4* 

Daikin ............. Daikin ............. Daikin ............. DX17VSS361* ...................... DX17VSS361* ...................... CAPEA3026*4* 

Daikin ............. Daikin ............. Daikin ............. DX17VSS361* ...................... CHPE3636B4* 

Daikin ............. Daikin ............. Daikin ............. DX17VSS361* ...................... CHPE3743C4* 

Daikin ............. Daikin ............. Daikin ............. DX17VSS361* ...................... CHPE3743D4* 

Daikin ............. Daikin ............. Daikin ............. DX17VSS421* ...................... DX17VSS421* ...................... CAPE4860*4* 

Daikin ............. Daikin ............. Daikin ............. DX17VSS421* ...................... CHPE3743C4* 

Daikin ............. Daikin ............. Daikin ............. DX17VSS421* ...................... CHPE3743D4* 

Daikin ............. Daikin ............. Daikin ............. DX17VSS481* ...................... DX17VSS481* ...................... CAPE4860*4* 

Daikin ............. Daikin ............. Daikin ............. DX17VSS481* ...................... CAPE4961*4* 

Daikin ............. Daikin ............. Daikin ............. DX17VSS481* ...................... CHPE3743C4* 

Daikin ............. Daikin ............. Daikin ............. DX17VSS481* ...................... CHPE4860D4* 

Daikin ............. Daikin ............. Daikin ............. DX17VSS601* ...................... DX17VSS601* ...................... CAPE4961*4* 

Daikin ............. Daikin ............. Daikin ............. DX17VSS601* ...................... CHPE4860D4* 

Daikin ............. Daikin ............. Daikin ............. DZ17VSA181* ...................... DZ17VSA181* ...................... CAPEA1818*4* 

Daikin ............. Daikin ............. Daikin ............. DZ17VSA181* ...................... CHPEA2430B4* 

Daikin ............. Daikin ............. Daikin ............. DZ17VSA241* ...................... DZ17VSA241* ...................... CAPEA1818*4* 

Daikin ............. Daikin ............. Daikin ............. DZ17VSA241* ...................... CAPEA2422*4* 

Daikin ............. Daikin ............. Daikin ............. DZ17VSA241* ...................... CHPEA3636B4* 

Daikin ............. Daikin ............. Daikin ............. DZ17VSA241* ...................... CHPEA3642C4* 

Daikin ............. Daikin ............. Daikin ............. DZ17VSA301* ...................... DZ17VSA301* ...................... CAPEA2422*4* 

Daikin ............. Daikin ............. Daikin ............. DZ17VSA301* ...................... CHPEA3636B4* 

Daikin ............. Daikin ............. Daikin ............. DZ17VSA301* ...................... CHPEA3642C4* 

Daikin ............. Daikin ............. Daikin ............. DZ17VSA361* ...................... DZ17VSA361* ...................... CAPEA3026*4* 

Daikin ............. Daikin ............. Daikin ............. DZ17VSA361* ...................... CHPEA3636B4* 

Daikin ............. Daikin ............. Daikin ............. DZ17VSA361* ...................... CHPEA3743C4* 

Daikin ............. Daikin ............. Daikin ............. DZ17VSA361* ...................... CHPEA3743D4* 

Daikin ............. Daikin ............. Daikin ............. DZ17VSA421* ...................... DZ17VSA421* ...................... CAPEA4860*4* 

Daikin ............. Daikin ............. Daikin ............. DZ17VSA421* ...................... CHPEA3743C4* 

Daikin ............. Daikin ............. Daikin ............. DZ17VSA421* ...................... CHPEA3743D4* 

Daikin ............. Daikin ............. Daikin ............. DZ17VSA481* ...................... DZ17VSA481* ...................... CAPEA4860*4* 

Daikin ............. Daikin ............. Daikin ............. DZ17VSA481* ...................... CAPEA4961*4* 

Daikin ............. Daikin ............. Daikin ............. DZ17VSA481* ...................... CHPEA3743C4* 

Daikin ............. Daikin ............. Daikin ............. DZ17VSA481* ...................... CHPEA4860D4* 

Daikin ............. Daikin ............. Daikin ............. DZ17VSA601* ...................... DZ17VSA601* ...................... CAPEA4961*4* 

Daikin ............. Daikin ............. Daikin ............. DZ17VSA601* ...................... CHPEA4860D4* 

Appendix II 

The following are manufacturers of all 

other basic models distributed in 

commerce in the United States and 

known to Goodman to incorporate 

design characteristics similar to those 

found in the basic models that are the 

subject of the petition for waiver and 

interim waiver: 

• Aaon, Inc. 

• Advanced Distributor Products, LLC 

• Allied Air Enterprises, LLC 

• Allstyle Coil Company, LP 

• Aspen Manufacturing, LLC 

• Bosch Thermotechnology Corp 

• Carrier Corporation 

• ECR International 

• Fujitsu General America, Inc. 

• GD Midea Heating & Ventilating 

Equipment Co., Ltd. 

• Johnson Controls, Inc. 

• Lennox International Inc. 

• LG Electronics U.S.A., Inc. 

• Mitsubishi Electric Cooling & Heating 

• Mortex Products, Inc. 

• National Comfort Products 

• Nortek Global HVAC, LLC 

• Rheem Manufacturing Company 

• Samsung Electronics Co. Ltd. 

• Trane Technologies 

• TCL air conditioner (zhongshan) Co., 

Ltd. 

• Unico, Inc. 

[FR Doc. 2021–16021 Filed 7–27–21; 8:45 am] 

BILLING CODE 6450–01–P 


khammond on DSKJM1Z7X2PROD with NOTICES