Energy Conservation Program for Consumer Products: Publication of the Petition for Waiver and Granting of the Application for Interim Waiver of Samsung Air Conditioning From the DOE Residential and Commercial Package Air Conditioner and Heat Pump Test Procedures (Case No. CAC-009), 9629-9635 [05-3782]

Download as PDF Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Notices Dated: February 23, 2005. Sally L. Stroup, Assistant Secretary for Postsecondary Education. [FR Doc. E5–799 Filed 2–25–05; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy Energy Conservation Program for Consumer Products: Publication of the Petition for Waiver and Granting of the Application for Interim Waiver of Samsung Air Conditioning From the DOE Residential and Commercial Package Air Conditioner and Heat Pump Test Procedures (Case No. CAC–009) Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of petition for waiver, granting of application for interim waiver, and solicitation of comments. AGENCY: SUMMARY: Today’s notice publishes a Petition for Waiver from Samsung Air Conditioning (Samsung). The Samsung Petition requests a waiver of the test procedures applicable to residential and commercial package air conditioners and heat pumps. The Department of Energy (DOE) is soliciting comments, data, and information with respect to the Petition for Waiver. Today’s notice also grants an Interim Waiver to Samsung from the existing Department of Energy (DOE or Department) test procedures applicable to residential and commercial package air conditioners and heat pumps. DATES: The Department will accept comments, data, and information with respect to this Petition for Waiver not later than March 30, 2005. ADDRESSES: You may submit comments, identified by case number CAC–009, by any of the following methods: • Mail: Ms. Brenda Edwards-Jones, U.S. Department of Energy, Building Technologies Program, Mailstop EE–2J, 1000 Independence Avenue, SW., Washington, DC 20585–0121. • Telephone: (202) 586–2945. Please submit one signed paper original. • Hand Delivery/Courier: Ms. Brenda Edwards-Jones, U.S. Department of Energy, Building Technologies Program, Room 1J–018, 1000 Independence Avenue, SW., Washington, DC 20585. Docket: For access to the docket to read copies of public comments received, this notice, and the Petition for Waiver and Application for Interim VerDate jul<14>2003 16:34 Feb 25, 2005 Jkt 205001 Waiver, go to the U.S. Department of Energy, Forrestal Building, Room 1J–018 (Resource Room of the Building Technologies Program), 1000 Independence Avenue, SW., Washington, DC (202) 586–9127, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. Please call Ms. Brenda Edwards-Jones at the above telephone number for additional information regarding visiting the Resource Room. Please note: The Department’s Freedom of Information Reading Room (formerly Room 1E–190 at the Forrestal Building) is no longer housing waiver petition materials. FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. Department of Energy, Building Technologies Program, Mail Stop EE–2J, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585–0121, (202) 586–9611; e-mail: Michael.Raymond.ee.doe.gov; or Francine Pinto, Esq., or Thomas DePriest, Esq., U.S. Department of Energy, Office of General Counsel, Mail Stop GC–72, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585–0103, (202) 586– 9507; e-mail: Francine.Pinto@hq.doe.gov, or Thomas.DePriest@hq.doe.gov. SUPPLEMENTARY INFORMATION: Title III of the Energy Policy and Conservation Act (EPCA) sets forth a variety of provisions concerning energy efficiency. Part B of Title III (42 U.S.C. 6291–6309) provides for the ‘‘Energy Conservation Program for Consumer Products other than Automobiles.’’ Part C of Title III (42 U.S.C. 6311–6317) provides for an energy efficiency program entitled ‘‘Certain Industrial Equipment,’’ which is similar to the program in Part B, and which includes commercial air conditioning equipment, packaged boilers, water heaters, and other types of commercial equipment. Today’s notice involves both residential products under Part B, and commercial equipment under Part C. Both parts specifically provide for definitions, test procedures, labeling provisions, energy conservation standards, and the authority to require information and reports from manufacturers. With respect to test procedures, both parts generally authorize the Secretary of Energy to prescribe test procedures that are reasonably designed to produce results which reflect energy efficiency, energy use and estimated annual operating costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6293, 6314) PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 9629 Samsung’s petition requests a waiver from both the residential and commercial test procedures for its DVM products, which are sold for both residential and commercial use. As noted above, the test procedures for residential products appear at 10 CFR Part 430, Subpart B, Appendix M. For commercial package airconditioning and heating equipment, EPCA provides that the test procedures shall be those generally accepted industry testing procedures developed or recognized by the Air-Conditioning and Refrigeration Institute (ARI) or by the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE), as referenced in ASHRAE/IES Standard 90.1 and in effect on June 30, 1992. (42 U.S.C. 6314(a)(4)(A)) This section also provides for the Secretary of Energy to amend the test procedure for a product if the industry test procedure is amended, unless the Secretary determines that such a modified test procedure does not meet the statutory criteria. (42 U.S.C. 6314(a)(4)(B)) On October 21, 2004, the Department published a direct final rule, effective December 20, 2004, adopting ARI Standard 210/240–2003 for small commercial package air conditioning and heating equipment with capacities ≤65,000 Btu/h and ARI Standard 340/360–2000 for small commercial package air conditioning and heating equipment with capacities ≥65,000 Btu/h and <135,000 Btu/h. (69 FR 61962) The capacities of Samsung’s DVM products sold for commercial use fall in a range covered by ARI Standard 340/360–2000. Therefore, it is the applicable test procedure for this commercial equipment. The Department’s regulations contain provisions allowing a person to seek a waiver from the test procedure requirements for covered consumer products. These provisions are set forth in 10 CFR 430.27. The Department proposed waiver provisions for covered commercial equipment on December 13, 1999 (64 FR 69597), as part of the commercial furnace test procedure rule. The waiver provisions for commercial equipment are substantively identical to those for covered consumer products. The Department published a final rule on October 21, 2004, codifying this process in 10 CFR 431.201, effective November 22, 2004. (69 FR 61915) The waiver provisions allow the Assistant Secretary for Energy Efficiency and Renewable Energy to waive temporarily test procedures for a particular basic model when a petitioner shows that the basic model contains one or more design characteristics that prevent testing according to the E:\FR\FM\28FEN1.SGM 28FEN1 9630 Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Notices prescribed test procedures, or when the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption as to provide materially inaccurate comparative data. (10 CFR Sections 430.27(a)(1), 431.201(a)(1)) Waivers generally remain in effect until final test procedure amendments become effective, thereby resolving the problem that is the subject of the waiver. The waiver process also allows the Assistant Secretary for Energy Efficiency and Renewable Energy (Assistant Secretary) to grant an Interim Waiver from test procedure requirements to manufacturers that have petitioned DOE for a waiver of such prescribed test procedures. (10 CFR 430.27(a)(2), 431.201(a)(2)) An Interim Waiver remains in effect for a period of 180 days or until DOE issues its determination on the Petition for Waiver, whichever is sooner, and may be extended for an additional 180 days, if necessary. On October 7, 2003, Samsung filed an Application for Interim Waiver and a Petition for Waiver from the test procedures applicable to residential and commercial package air conditioning and heating equipment. In particular, Samsung requested a waiver from the residential test procedures contained in 10 CFR Part 430, Subpart B, Appendix M, and, for commercial products, a waiver from the test procedures in ARI 210/240 (1989), and from the test procedures contained in ARI 210/240 (1994), that the Department, at the time, proposed to adopt. As discussed above, for Samsung’s commercial products, the applicable test procedure is now ARI 340/360–2000. Samsung requests a waiver from the test procedures for the following basic product models: Commercial: Any product using these outdoor units: RVMH100FAMOU, RVMC100FAMOU, RVMC070FAMOU. For these products, the applicable test procedure is ARI 340/360–2000. Residential: Any product using these outdoor units: RVMH050CBMOU, RVMC050CBMOU. DVM indoor units: AVMKH020CAOU, AVMKC020CAOU, AVMKH032CAOU, AVMKC032CAOU, AVMKH040CAOU, AVMKC040CAOU, AVMCH052CAOU, AVMCC052CAOU, AVMCH072CAOU, AVMCC072CAOU, AVMCH105CAOU, AVMCC105CAOU, AVMBH020CAOU, AVMBC020CAOU, AVMBH032CAOU, AVMBC032CAOU, AVMBH040CAOU, AVMBC040CAOU, AVMBH052CAOU, AVMBC052CAOU, AVMBH072CAOU, AVMBC072CAOU, AVMHH105CAOU, AVMHC105CAOU, AVMHH128CAOU, AVMHC105CAOU, AVMDH052CAOU, AVMDC052CAOU, VerDate jul<14>2003 16:34 Feb 25, 2005 Jkt 205001 AVMDH072CAOU, AVMDC072CAOU, AVMWH020CAOU, AVMWCH020CAOU, AVMWH032CAOU, AVMWC032CAOU, AVMWH040CAOU, AVMWC040CAOU, AVMWH052CAOU, AVMWC052CAOU, AVMWH072CAOU, AVMWC072CAOU. For these products, the applicable test procedure is the residential test procedure contained in 10 CFR Part 430, Subpart B, Appendix M. Samsung seeks a waiver from the applicable test procedures because, Samsung asserts, the current test procedures evaluate its DVM (Digital Variable Multi) systems in a manner not representative of their true energy efficiency. Samsung claims that the energy usage of its DVM systems cannot be representatively measured using the current test procedures for the following reasons: 1. Unlike the DVM system, no product currently for sale in the U.S. offers the ability of a direct expansion system to vary its capacity every 20 seconds between 10% and 100% of the building design load, and no existing test procedure can provide a method for rating at those capacity points. 2. No existing test procedure requires calculating Integrated Part Load Values (IPLV) in the heating mode. 3. No existing test procedure accounts for the benefits of the DVM system’s zoned cooling. No existing test standard allows for the inherent benefits of eliminating duct loss in a ductless system. 4. No existing test procedure provides a method for testing and rating a system that utilizes one outdoor unit and sixteen indoor units. 5. No existing test procedure can provide a method for rating systems where the type and capacity of the indoor unit can be mixed in the same system. The DVM system can mix together six different indoor models with seven different capacities, resulting in over 1,000 combinations. The Samsung petition requests that DOE grant a waiver from existing test procedures until such time as a representative test procedure is developed and adopted for this class of products. Samsung intends to work with ARI to develop appropriate test procedures. Samsung also requested an Interim Waiver to allow it to work with manufacturers of similar products and industry organizations to develop a test procedure that accurately reflects the operation and energy consumption of these types of units. An Interim Waiver will be granted if it is determined that the applicant will experience economic hardship if the Application for Interim PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 Waiver is denied, if it appears likely that the Petition for Waiver will be granted, and/or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the Petition for Waiver. (10 CFR 430.27(g), 431.201(e)(3)) Samsung’s Application for Interim Waiver does not provide sufficient information to evaluate what, if any, economic hardship Samsung will likely experience if its Application for Interim Waiver is denied. However, in those instances where the likely success of the Petition for Waiver has been demonstrated, based upon DOE having granted a waiver for a similar product design, it is in the public interest to have similar products tested and rated for energy consumption on a comparable basis. For Samsung’s commercial DVM products, it appears likely that the Petition for Waiver will be granted. The Samsung DVM products are quite similar to the Mitsubishi City Multi products, for which DOE granted a waiver. (69 FR 52660, August 27, 2004) The Mitsubishi waiver was granted because Mitsubishi’s products cannot be tested according to the prescribed test procedures, for two reasons: (1) Test laboratories cannot test products with so many indoor units (up to sixteen—the practical limit is about five); and (2) there are 58 indoor unit models, so for each outdoor unit, there are well over 1,000,000 combinations, and it is impractical to test so many combinations. Samsung’s commercial outdoor units are capable of operating up to sixteen indoor units. Samsung’s system also allows for over 1,000 combinations of indoor and outdoor units. The upper limit on the number of indoor units that are currently able to be tested is about six. The Samsung commercial systems (with 100k and 72k Btu/hr outdoor units) will therefore experience the same testing problems that prompted DOE to grant Mitsubishi a waiver. Samsung’s residential models, with a 50k Btu/hr outdoor unit, are capable of operating up to seven indoor units. This would still be difficult to test, but it is not clear that it could not be tested. However, although it may be possible to test Samsung’s residential DVM systems, it is not practical to do so. For standard split system air conditioners with one indoor unit, DOE’s regulations allow use of an alternative rating method (ARM) for generating efficiency ratings of different combinations of indoor and outdoor units. There is no such ARM for systems with more than one indoor unit, so Samsung would E:\FR\FM\28FEN1.SGM 28FEN1 Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Notices have to test every combination offered for sale. With up to seven indoor units of six different types, thousands of combinations are possible, and it would not be practical to test so many combinations. This is the second of the two reasons for which Mitsubishi received a waiver; therefore, it appears likely that Samsung’s residential DVM products will also be granted a waiver. Therefore, Samsung’s Application for an Interim Waiver from the DOE test procedure for its DVM systems is granted. Hence, it is ordered that: The Application for Interim Waiver filed by Samsung is hereby granted for any Samsung DVM product using these outdoor units: RVMH100FAMOU, RVMC100FAMOU, RVMC070FAM0U, RVMC050CBM0U, and RVMH050CBM0U. Samsung shall not be required to test or rate these products on the basis of the currently applicable test procedure, which is ARI 340/360– 2000 for the first three of the above outdoor units, which are commercial, and the test procedures contained in 10 CFR Part 430, Subpart B, Appendix M, for the latter two, which are residential. This Interim Waiver is based upon the presumed validity of statements and allegations submitted by the company. This Interim Waiver may be removed or modified at any time upon a determination that the factual basis underlying the Application is incorrect. The Interim Waiver shall remain in effect for a period of 180 days or until DOE acts on the Petition for Waiver, whichever is sooner, and may be extended for an additional 180-day period, if necessary. The Department is publishing Samsung’s Petition for Waiver in its entirety. The Petition contains no confidential information. The Department solicits comments, data, and information with respect to the Petition. The Department is particularly interested in receiving comments and views of interested parties concerning any alternate test procedures, modifications to test procedures, or alternative rating methods, which the Department could use to fairly represent the energy efficiency of Samsung’s DVM products. Any person submitting written comments must also send a copy of such comments to the petitioner. 10 CFR 430.27(b)(1)(iv). Issued in Washington, DC, on February 22, 2005. David K. Garman, Assistant Secretary, Energy Efficiency and Renewable Energy. Samsung Air Conditioning 2865 Pellissier Place Whittier CA 90601 VerDate jul<14>2003 16:34 Feb 25, 2005 Jkt 205001 October 7th 2003 Mr. Michael Raymond Office of Building Research and Standards United States Department of Energy 1000 Independence Avenue, SW Washington, DC 20585–0121 Dear Mr. Raymond I am writing this letter to you in regard to the process for a Petition for Waiver and application for interim waiver of test procedures. Samsung Air Conditioning, acting through it’s exclusive distributors in the USA, Quietside Corporation hereby petitions the United States Department of Energy for a Waiver of all Test procedures and makes application for an interim waiver pursuant to the provisions of 10 CFR 431.29. To support this petition, please consider the following submission. 1. Models Covered by the Scope of This Petition The Samsung DVM system products consist of three capacities of Outdoor units, nominally 100,000 Btu/h, 72,000 Btu/h and 50,000 Btu/h, operating on 208/230V–3Ph– 60Hz (100k & 72k units) and 208/230V–1Ph– 60Hz (50k unit). These units are available in both Cooling only and Heat Pump models (72k is Cooling only) and these outdoor units can be matched with six different types of indoor unit— Built in Duct Low Silhouette Duct High Static Pressure Duct 4 Way Ceiling Cassette 1 Way Ceiling Cassette High Wall Mount unit These indoor units are available in capacities from 7,000 Btu/h to 44,000 Btu/h depending on the model type. Appendix 1: Full model list and description of items covered by petition 2. Inherent Characteristics of the Samsung DVM System The Samsung DVM system is a Commercial and Residential multi split, multi zoned variable refrigerant flow system that will provide either heating or cooling to the building as dictated by the individual zone temperature. The 100k & 72k Outdoor units are capable of operating up to 16 indoor units, and the 50,000 Btu/h Outdoor unit is capable of operating up to 7 indoor units All of the indoor units are capable of operating independently, with their own temperature and fan speed setting. Based on those controls the outdoor unit will then determine the cooling or heating capacity delivered into the zones. The outdoor unit uses the following inputs to determine the capacity required by the zone— Set Temperature (User selectable) Room temperature (Measured in the return air of the unit) Refrigerant temperature at the Evaporator Inlet Refrigerant temperature at the Evaporator Outlet Outdoor ambient temperature The Samsung DVM system cannot provide simultaneous Heating and Cooling functions PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 9631 into the zones, however it will operate to satisfy the building demands in the following manner— First unit calling for operation Majority rules for the building All other zone requirements The Outdoor and Indoor units communicate the control information listed above every 20 seconds to calculate the indoor capacity required for the next 20 seconds of operation, allowing the unit to correctly assess the load characteristics of the building and adjust the capacity output accordingly. The method for controlling the capacity is to vary the quantity of refrigerant flowing through the entire system at any given time. The compressor(s) used in the Samsung DVM system are manufactured by Copeland in Sidney OH, and are a ‘‘Digital Scroll’’ type. This revolutionary compressor allows the system capacity to be varied from 10% to 100% depending on the indoor load. This is accomplished by allowing the fixed and orbiting scrolls inside the compressor to separate during unloaded periods, which stops refrigerant flow through the compressor and operates the compressor motor in an unloaded fashion, which greatly reduces the power consumed by the compressor, The outdoor unit also uses variable speed condenser fan motor(s) which can alter condenser airflow to exactly suit the outdoor air temperature and building load to ensure the unit operates in the most efficient manner possible. The Indoor units all utilize an Electronic Expansion Valve (EEV) which operates over a 480 step range from fully closed to fully open. This extensive range allows precise monitoring of the refrigerant quantity entering the evaporator coil and hence the cooling or heating capacity of the unit. This type of product will almost always operate below the 100% capacity threshold (part load versus full load operation), and due to the enhanced capacity control range of the DVM system it can operate at 10% capacity if the building load has reduced to that point. This type of operation is very similar to the Water Chilling units as detailed in ARI standard 550/590. 3. Waiver Requirements Samsung/Quietside seeks a waiver of all current test standards until a test standard can be developed and adopted that will provide the HVAC market in the United States (US) with a fair and accurate assessment of the DVM system energy consumption and efficiency levels. The current test procedures in place may evaluate the DVM system in a manner that is not representative of the true energy efficiency of the DVM system and provide inaccurate ratings which would be used to compare the DVM system with other forms of Air Conditioning/Heat Pumps in the market. Due to the constant variation of the system capacity it is patently inaccurate to rate the unit at its full load capacity or at any other fixed point of capacity when the unit capacity is constantly varying between 10% and 100% of the capacity. E:\FR\FM\28FEN1.SGM 28FEN1 9632 Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Notices Any test method utilized to rate these types of full variable refrigerant flow units should be indicative of the ability of these units to operate at 10%, 20%, 30% * * * 100% as this is the true operation of the unit in the field. During 2002 a committee was formed by ARI to discuss alternate test methods for this type of multi split variable refrigerant flow unit, however to this date no additional test methodology has been adopted by the committee. As the Department is aware the timeframe for drafting and approving such a standard may be months or even years. The International Standards Organization have been currently working on a standard of their own for several years at this point in time. Due to the lack of an approved standard at this present time, the energy savings provided by the DVM System would not be accurately represented should it be tested under the current standards. This inaccurate representation will have a negative impact upon the sales of both the Samsung DVM system and other Variable Refrigerant Volume systems. This will not only greatly affect the business revenue of Quietside and Samsung, but it will prevent the country from realizing energy savings, particularly in the area of peak load usage reduction. To summarize, the test waiver for the DVM system is requested for the following reasons: A. No product currently for sale in the USA offers the ability of a direct expansion system to vary its capacity every 20 seconds between 10% and 100% of the building design load, and no existing test standard can provide a method for providing ratings at those capacity points. B. No existing test standard allows for IPLV to be calculated in the Heating mode. C. No existing test standard provides for the benefits of diversity due to the inherent ability of the DVM System to provide zoned cooling. Also no existing test standard provides for credit for negating duct loss from the nonducted units available with this system. D. No existing test standard provides a method to test and rate a system that utilizes one outdoor unit and 16 indoor units. E. No existing test standard can provide a method for rating systems where the type and capacity of indoor unit can be used. The DVM system can mix 6 different indoor models in up to 7 different capacities. For example a 100,000 Btu/h system can use 2 x 11,000 Btu/h units of different models, 2 x 13,000 Btu/h units of additional models, 2 x 24,000 Btu/h models from additional models and still not be at 100% capacity load. The total number of unit combinations available is over 1,000, not including the ability to over or under size the indoor capacity with regard to the outdoor unit capacity. 4. Similar Equipment Currently Offered for Sale in the U.S. Sanyo Mitsubishi Comfort Systems Mitsubishi Electric U.S. The above companies currently offer similar systems for sale in the United States, these systems offer similar advantages and energy savings inherent to all Variable Refrigerant Flow units, however no other manufacturer utilizes the ‘‘Digital Scroll’’ technology and the capacity range of the DVM system. Mitsubishi Electric U.S. currently has a test waiver proposal in front of the Department that has been published for comment in the Federal Register. 5. Reasons for Granting a Test Waiver to the DVM System The Samsung DVM System is currently offered for sale in the U.S. marketplace, however the lack of an existing or proposed test standard has resulted in the unit having to be provided with Energy Guide labels detailing a 10 SEER, the lowest possible rating. The true SEER of the DVM system would be a minimum of 50% higher. This failure to correctly rate the energy efficiency of the unit also does not allow the performance of the DVM system to be certified by the ARI (no applicable test standard or test availability), which causes a misconception of the efficiency level of the DVM system and provides wholly inaccurate data to the U.S. consumer. These types of Variable Refrigerant Flow products are very well established in the Asian and European markets, based on the high levels of efficiency and comfort provided to the end user. U.S. consumers should not be excluded from these benefits due to the lack of an applicable test standard, and should not be beholden to inaccurate data that will heavily disadvantage the DVM system or any other Variable Refrigerant Flow system in a very competitive marketplace. Independent testing of the DVM system against conventional Air conditioning systems shows an average of over 30% reduction on energy consumption, not even including the reduction in peak load operating consumption. Samsung test data, showing EER values (Watt for Watt) shows almost a full EER point increase over VAV and compressor control units, and a similar increase over an Inverter Variable Refrigerant Flow system. This test data is included in Appendix 2. The disadvantage of the lack of an applicable test standard will not only impact the potential sales of the DVM system, but also result in economic losses not only for Samsung and Quietside but also for the Copeland Corporation who have spent considerable time and resources in developing the ‘‘Digital Scroll’’ compressors. Samsung/Quietside formally urges the Department to grant an interim waiver from existing test standards and allow Quietside to work in conjunction with the other manufacturers of Variable Refrigerant Flow products and the various organizations involved in our industry to formulate a test standard that accurately reflects the operation and energy consumption of these types of units. Should the Department have any comments or questions regarding this petition please do not hesitate to contact the undersigned. Yours truly, John Miles Director of Engineering and Technical Support Appendix 1 : Full Model List Samsung DVM System Products Appendix 2 : Samsung performed Tests detailing Energy Efficiency versus Delivered Capacity for the DVM System I hereby certify that copies of this petition and application for Interim Waiver of test standards have been mailed to the following companies who are known to market similar Variable Refrigerant Flow products Mitsubishi Electric US 4505–A Newpoint Place Lawrenceville GA 30043 Attn: William Rau, President, HVAC Advanced Products Division Sanyo 1165 Allgood Road, Suite #22 Marietta, GA 30062 Attn: Tetsushi Yamashita, Engineering Manager, HVAC Mitsubishi Heavy Industries Climate Control Inc 3030 E. Victoria Street Rancho Dominguez CA 90221 Attn: Caesar Ceballos, Technical Support Manager APPENDIX 1.—SAMSUNG DVM SYSTEM PRODUCTS AND CAPACITIES Btu/h cooling/ heating 2003 Model Description RVMH100FAMOU ................................... RVMC100FAMOU ................................... RVMH050CBMOU ................................... RVMC050CBMOU ................................... RVMC070FAMOU ................................... AVMKH020CAOU .................................... AVMKC020CAOU .................................... AVMKH032CAOU .................................... AVMKC032CAOU .................................... AVMKH040CAOU .................................... Condensing Unit Heat Pump ..................................................................................... Condensing Unit Cooling Only .................................................................................. Condensing Unit Heat Pump ..................................................................................... Condensing Unit Cooling Only .................................................................................. Condensing Unit Cooling Only .................................................................................. 1–Way Ceiling Cassette Heat Pump ......................................................................... 1–Way Ceiling Cassette Cooling Only ...................................................................... 1–Way Ceiling Cassette Heat Pump ......................................................................... 1–Way Ceiling Cassette Cooling Only ...................................................................... 1–Way Ceiling Cassette Heat Pump ......................................................................... VerDate jul<14>2003 16:34 Feb 25, 2005 Jkt 205001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\28FEN1.SGM 28FEN1 95,500/107,500 95,500/107,500 50,000/55,000 50,000/55,000 76,000/85,000 7,000/7,500 7,000/7,500 11,000/12,000 11,000 13,500/14,500 Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Notices 9633 APPENDIX 1.—SAMSUNG DVM SYSTEM PRODUCTS AND CAPACITIES—Continued Btu/h cooling/ heating 2003 Model Description AVMKC04OCAOU ................................... AVMCH052CAOU ................................... AVMCC052CAOU ................................... AVMCH072CAOU ................................... AVMCC072CAOU ................................... AVMCH105CAOU ................................... AVMCC105CAOU ................................... AVMBH020CAOU .................................... AVMBC020CAOU .................................... AVMBH032CAOU .................................... AVMBC032CAOU .................................... AVMBH040CAOU .................................... AVMBC040CAOU .................................... AVMBH052CAOU .................................... AVMBC052CAOU .................................... AVMBH072CAOU .................................... AVMBC072CAOU .................................... AVMHH105CAOU ................................... AVMHC105CAOU ................................... AVMHH128CAOU ................................... AVMHC128CAOU ................................... AVMDH052CAOU ................................... AVMDC052CAOU ................................... AVMDH072CAOU ................................... AVMDC072CAOU ................................... AVMWH020CAOU ................................... AVMWC020CAOU ................................... AVMWH032CAOU ................................... AVMWC032CAOU ................................... AVMWH040CAOU ................................... AVMWC040CAOU ................................... AVMWH052CAOU ................................... AVMWC052CAOU ................................... AVMWH072CAOU ................................... AVMWC072CAOU ................................... 1–Way Ceiling Cassette Cooling Only ...................................................................... 4–Way Ceiling Cassette Heat Pump ......................................................................... 4–Way Ceiling Cassette Cooling Only ...................................................................... 4–Way Ceiling Cassette Heat Pump ......................................................................... 4–Way Ceiling Cassette Cooling Only ...................................................................... 4–Way Ceiling Cassette Heat Pump ......................................................................... 4–Way Ceiling Cassette Cooling Only ...................................................................... Built-In Duct Heat Pump ............................................................................................ Built-In Duct Cooling Only ......................................................................................... Built-In Duct Heat Pump ............................................................................................ Built-In Duct Cooling Only ......................................................................................... Built-In Duct Heat Pump ............................................................................................ Built-In Duct Cooling Only ......................................................................................... Built-In Duct Heat Pump ............................................................................................ Built-In Duct Cooling Only ......................................................................................... Built-In Duct Heat Pump ............................................................................................ Built-In Duct Cooling Only ......................................................................................... HSP Duct Heat Pump ............................................................................................... HSP Duct Cooling Only ............................................................................................. HSP Duct Heat Pump ............................................................................................... HSP Duct Cooling Only ............................................................................................. Low Silhouette Duct Heat Pump ............................................................................... Low Silhouette Cooling Only ..................................................................................... Low Silhouette Duct Heat Pump ............................................................................... Low Silhouette Cooling Only ..................................................................................... High Wall Mount Heat Pump ..................................................................................... High Wall Mount Cooling Only .................................................................................. High Wall Mount Heat Pump ..................................................................................... High Wall Mount Cooling Only .................................................................................. High Wall Mount Heat Pump ..................................................................................... High Wall Mount Cooling Only .................................................................................. High Wall Mount Heat Pump ..................................................................................... High Wall Mount Cooling Only .................................................................................. High Wall Mount Heat Pump ..................................................................................... High Wall Mount Cooling Only .................................................................................. BILLING CODE 6450–01–P VerDate jul<14>2003 16:34 Feb 25, 2005 Jkt 205001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\28FEN1.SGM 28FEN1 13,500 18,000/19,000 18,000 24,000/26,000 24,000 36,000/39,000 36,000 7,000/7,500 7,000 11,000/12,000 11,000 13,500/14,500 13,500 18,000/19,000 18,000 24,000/26,000 24,000 36,000/39,000 36,000 44,000/47,000 44,000 18,000/19,000 18,000 24,000/26,000 24,000 7,000/7,500 7,000 11,000/12,000 11,000 13,500/14,500 13,500 18,000/19,000 18,000 24,000/26,000 24,000 VerDate jul<14>2003 Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Notices 16:34 Feb 25, 2005 Jkt 205001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\28FEN1.SGM 28FEN1 EN28FE05.055</GPH> 9634 Federal Register / Vol. 70, No. 38 / Monday, February 28, 2005 / Notices [FR Doc. 05–3782 Filed 2–25–05; 8:45 am] BILLING CODE 6450–01–C DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EL00–95–125 and EL00–98– 112] Online service, please e-mail FERCOnlineSupport@ferc.gov, or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Comment Date: 5 p.m. eastern time on March 4, 2005. Linda Mitry, Deputy Secretary. [FR Doc. E5–787 Filed 2–25–05; 8:45 am] BILLING CODE 6717–01–P San Diego Gas & Electric Company, Complainants v. Sellers of Energy and Ancillary Services Into Markets Operated by the California Independent System Operator and the California Power Exchange, Respondents; Investigation of Practices of the California Independent System Operator and the California Power Exchange; Notice of Compliance Filing February 18, 2005. On February 11, 2005, the City of Pasadena (Pasadena) submitted its emissions calculations in compliance with the Commission’s Order issued November 23, 2004, in Docket Nos. EL00–95–100 and EL00–98–088, 109 FERC ¶ 61,218. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the ‘‘eFiling’’ link at https://www.ferc.gov. Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at https://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for review in the Commission’s Public Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC VerDate jul<14>2003 16:34 Feb 25, 2005 Jkt 205001 9635 3. Idaho Power Company [Docket No. ER97–1481–007] Take notice that on February 17, 2005, Idaho Power (IPC) submitted an amendment to its January 19, 2005, filing regarding IPC’s revised generation market power screen analysis. Comment Date: 5 p.m. eastern time on February 25, 2005. 4. PacifiCorp PPM Energy, Inc. [Docket No. ER97–2801–005 and ER03–478– 004] DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EC05–20–000, et al.] PPL Sundance Energy, LLC, et al.; Electric Rate and Corporate Filings February 18, 2005. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. Take notice that on February 14, 2005, PacifiCorp and PPM Energy, Inc. tendered for filing an updated market power analysis. Comment Date: 5 p.m. eastern time on March 4, 2005. 5. Pacific Gas and Electric Company [Docket No. ER03–1091–007] [Docket No. EC05–20–000] Take notice that on February 11, 2005, PPL Sundance Energy, LLC (PPL Sundance), PPL Energy Plus, LLC and Arizona Public Service Company (APS) (collectively, Applicants) filed with the Federal Energy Regulatory Commission a response to a deficiency letter issued on January 28, 2005, by Jamie L. Simler, Director, Division of Tariffs and Market Development—West, in connection with a section 203 application filed for authorization to acquire a 450 megawatt generating facility owned by PPL Sundance. Applicants request confidential treatment of certain supporting data contained in the filing. Comment Date: 5 p.m. eastern time on March 2, 2005. Take notice that on February 11, 2005, Pacific Gas and Electric Company (PG&E) tendered for filing an amendment to its December 30, 2004, compliance filing regarding a Generator Special Facilities Agreement and Generator Interconnection Agreement between PG&E and Duke Energy Morro Bay LLC (Duke Morro Bay). PG&E states that copies of this filing have been served upon Duke Morro Bay, the California Independent System Operator Corporation and the California Public Utilities Commission. Comment Date: 5 p.m. eastern time on March 4, 2005. 6. The Detroit Edison Company 1. PPL Sundance Energy, LLC, PPL Energy Plus, LLC, Arizona Public Service Company [Docket Nos. ER04–14–006 and EL04–29– 006] 2. Duke Power, a Division of Duke Power Corporation Take notice that on February 11, 2005, The Detroit Edison Company (Detroit Edison) filed an amendment to its Ancillary Services Tariff, First Revised Volume No. 5, filed on December 2, 2004 to repaginate the tariff sheets in compliance with Order No. 614. Comment Date: 5 p.m. eastern time on March 4, 2005. [Docket Nos. ER96–110–013 and EL05–4– 000] 7. California Independent System Operator Corporation Take notice that on February 14, 2005, Duke Power, a division of Duke Energy Corporation (Duke Power) submitted a filing in compliance with the Commission’s order issued December 15, 2004, in Docket No. ER96–110–010, et al., 109 FERC ¶ 61,270. Duke Power states that copies of the filing were served on parties on the official service list in the abovecaptioned proceed as well as its State commissions. Comment Date: 5 p.m. eastern time on March 4, 2005. PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 [Docket No. ER05–277–001] Take notice that on February 14, 2005, the California Independent System Operator Corporation (ISO) submitted a filing in compliance with the Commission’s order issued January 28, 2005, in Docket No. ER05–277–000, 110 FERC ¶ 61,082. The ISO states that the filing has been served on all parties on the official service list for this proceeding. In addition, the ISO states that it has posting the filing on the ISO home page. E:\FR\FM\28FEN1.SGM 28FEN1

Agencies

[Federal Register Volume 70, Number 38 (Monday, February 28, 2005)]
[Notices]
[Pages 9629-9635]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3782]


=======================================================================
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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy


Energy Conservation Program for Consumer Products: Publication of 
the Petition for Waiver and Granting of the Application for Interim 
Waiver of Samsung Air Conditioning From the DOE Residential and 
Commercial Package Air Conditioner and Heat Pump Test Procedures (Case 
No. CAC-009)

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of petition for waiver, granting of application for 
interim waiver, and solicitation of comments.

-----------------------------------------------------------------------

SUMMARY: Today's notice publishes a Petition for Waiver from Samsung 
Air Conditioning (Samsung). The Samsung Petition requests a waiver of 
the test procedures applicable to residential and commercial package 
air conditioners and heat pumps. The Department of Energy (DOE) is 
soliciting comments, data, and information with respect to the Petition 
for Waiver.
    Today's notice also grants an Interim Waiver to Samsung from the 
existing Department of Energy (DOE or Department) test procedures 
applicable to residential and commercial package air conditioners and 
heat pumps.

DATES: The Department will accept comments, data, and information with 
respect to this Petition for Waiver not later than March 30, 2005.

ADDRESSES: You may submit comments, identified by case number CAC-009, 
by any of the following methods:
     Mail: Ms. Brenda Edwards-Jones, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, 1000 Independence 
Avenue, SW., Washington, DC 20585-0121.
     Telephone: (202) 586-2945. Please submit one signed paper 
original.
     Hand Delivery/Courier: Ms. Brenda Edwards-Jones, U.S. 
Department of Energy, Building Technologies Program, Room 1J-018, 1000 
Independence Avenue, SW., Washington, DC 20585.
    Docket: For access to the docket to read copies of public comments 
received, this notice, and the Petition for Waiver and Application for 
Interim Waiver, go to the U.S. Department of Energy, Forrestal 
Building, Room 1J-018 (Resource Room of the Building Technologies 
Program), 1000 Independence Avenue, SW., Washington, DC (202) 586-9127, 
between 9 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays. Please call Ms. Brenda Edwards-Jones at the above telephone 
number for additional information regarding visiting the Resource Room. 
Please note: The Department's Freedom of Information Reading Room 
(formerly Room 1E-190 at the Forrestal Building) is no longer housing 
waiver petition materials.

FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. 
Department of Energy, Building Technologies Program, Mail Stop EE-2J, 
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 
20585-0121, (202) 586-9611; e-mail: Michael.Raymond.ee.doe.gov; or 
Francine Pinto, Esq., or Thomas DePriest, Esq., U.S. Department of 
Energy, Office of General Counsel, Mail Stop GC-72, Forrestal Building, 
1000 Independence Avenue, SW., Washington, DC 20585-0103, (202) 586-
9507; e-mail: Francine.Pinto@hq.doe.gov, or Thomas.DePriest@hq.doe.gov.

SUPPLEMENTARY INFORMATION: Title III of the Energy Policy and 
Conservation Act (EPCA) sets forth a variety of provisions concerning 
energy efficiency. Part B of Title III (42 U.S.C. 6291-6309) provides 
for the ``Energy Conservation Program for Consumer Products other than 
Automobiles.'' Part C of Title III (42 U.S.C. 6311-6317) provides for 
an energy efficiency program entitled ``Certain Industrial Equipment,'' 
which is similar to the program in Part B, and which includes 
commercial air conditioning equipment, packaged boilers, water heaters, 
and other types of commercial equipment.
    Today's notice involves both residential products under Part B, and 
commercial equipment under Part C. Both parts specifically provide for 
definitions, test procedures, labeling provisions, energy conservation 
standards, and the authority to require information and reports from 
manufacturers. With respect to test procedures, both parts generally 
authorize the Secretary of Energy to prescribe test procedures that are 
reasonably designed to produce results which reflect energy efficiency, 
energy use and estimated annual operating costs, and that are not 
unduly burdensome to conduct. (42 U.S.C. 6293, 6314)
    Samsung's petition requests a waiver from both the residential and 
commercial test procedures for its DVM products, which are sold for 
both residential and commercial use.
    As noted above, the test procedures for residential products appear 
at 10 CFR Part 430, Subpart B, Appendix M.
    For commercial package air-conditioning and heating equipment, EPCA 
provides that the test procedures shall be those generally accepted 
industry testing procedures developed or recognized by the Air-
Conditioning and Refrigeration Institute (ARI) or by the American 
Society of Heating, Refrigerating and Air Conditioning Engineers 
(ASHRAE), as referenced in ASHRAE/IES Standard 90.1 and in effect on 
June 30, 1992. (42 U.S.C. 6314(a)(4)(A)) This section also provides for 
the Secretary of Energy to amend the test procedure for a product if 
the industry test procedure is amended, unless the Secretary determines 
that such a modified test procedure does not meet the statutory 
criteria. (42 U.S.C. 6314(a)(4)(B)) On October 21, 2004, the Department 
published a direct final rule, effective December 20, 2004, adopting 
ARI Standard 210/240-2003 for small commercial package air conditioning 
and heating equipment with capacities <=65,000 Btu/h and ARI Standard 
340/360-2000 for small commercial package air conditioning and heating 
equipment with capacities >=65,000 Btu/h and <135,000 Btu/h. (69 FR 
61962) The capacities of Samsung's DVM products sold for commercial use 
fall in a range covered by ARI Standard 340/360-2000. Therefore, it is 
the applicable test procedure for this commercial equipment.
    The Department's regulations contain provisions allowing a person 
to seek a waiver from the test procedure requirements for covered 
consumer products. These provisions are set forth in 10 CFR 430.27. The 
Department proposed waiver provisions for covered commercial equipment 
on December 13, 1999 (64 FR 69597), as part of the commercial furnace 
test procedure rule. The waiver provisions for commercial equipment are 
substantively identical to those for covered consumer products. The 
Department published a final rule on October 21, 2004, codifying this 
process in 10 CFR 431.201, effective November 22, 2004. (69 FR 61915)
    The waiver provisions allow the Assistant Secretary for Energy 
Efficiency and Renewable Energy to waive temporarily test procedures 
for a particular basic model when a petitioner shows that the basic 
model contains one or more design characteristics that prevent testing 
according to the

[[Page 9630]]

prescribed test procedures, or when the prescribed test procedures may 
evaluate the basic model in a manner so unrepresentative of its true 
energy consumption as to provide materially inaccurate comparative 
data. (10 CFR Sections 430.27(a)(1), 431.201(a)(1)) Waivers generally 
remain in effect until final test procedure amendments become 
effective, thereby resolving the problem that is the subject of the 
waiver.
    The waiver process also allows the Assistant Secretary for Energy 
Efficiency and Renewable Energy (Assistant Secretary) to grant an 
Interim Waiver from test procedure requirements to manufacturers that 
have petitioned DOE for a waiver of such prescribed test procedures. 
(10 CFR 430.27(a)(2), 431.201(a)(2)) An Interim Waiver remains in 
effect for a period of 180 days or until DOE issues its determination 
on the Petition for Waiver, whichever is sooner, and may be extended 
for an additional 180 days, if necessary.
    On October 7, 2003, Samsung filed an Application for Interim Waiver 
and a Petition for Waiver from the test procedures applicable to 
residential and commercial package air conditioning and heating 
equipment. In particular, Samsung requested a waiver from the 
residential test procedures contained in 10 CFR Part 430, Subpart B, 
Appendix M, and, for commercial products, a waiver from the test 
procedures in ARI 210/240 (1989), and from the test procedures 
contained in ARI 210/240 (1994), that the Department, at the time, 
proposed to adopt. As discussed above, for Samsung's commercial 
products, the applicable test procedure is now ARI 340/360-2000. 
Samsung requests a waiver from the test procedures for the following 
basic product models:
    Commercial: Any product using these outdoor units: RVMH100FAMOU, 
RVMC100FAMOU, RVMC070FAMOU. For these products, the applicable test 
procedure is ARI 340/360-2000.
    Residential: Any product using these outdoor units: RVMH050CBMOU, 
RVMC050CBMOU. DVM indoor units: AVMKH020CAOU, AVMKC020CAOU, 
AVMKH032CAOU, AVMKC032CAOU, AVMKH040CAOU, AVMKC040CAOU, AVMCH052CAOU, 
AVMCC052CAOU, AVMCH072CAOU, AVMCC072CAOU, AVMCH105CAOU, AVMCC105CAOU, 
AVMBH020CAOU, AVMBC020CAOU, AVMBH032CAOU, AVMBC032CAOU, AVMBH040CAOU, 
AVMBC040CAOU, AVMBH052CAOU, AVMBC052CAOU, AVMBH072CAOU, AVMBC072CAOU, 
AVMHH105CAOU, AVMHC105CAOU, AVMHH128CAOU, AVMHC105CAOU, AVMDH052CAOU, 
AVMDC052CAOU, AVMDH072CAOU, AVMDC072CAOU, AVMWH020CAOU, AVMWCH020CAOU, 
AVMWH032CAOU, AVMWC032CAOU, AVMWH040CAOU, AVMWC040CAOU, AVMWH052CAOU, 
AVMWC052CAOU, AVMWH072CAOU, AVMWC072CAOU. For these products, the 
applicable test procedure is the residential test procedure contained 
in 10 CFR Part 430, Subpart B, Appendix M.
    Samsung seeks a waiver from the applicable test procedures because, 
Samsung asserts, the current test procedures evaluate its DVM (Digital 
Variable Multi) systems in a manner not representative of their true 
energy efficiency. Samsung claims that the energy usage of its DVM 
systems cannot be representatively measured using the current test 
procedures for the following reasons:
    1. Unlike the DVM system, no product currently for sale in the U.S. 
offers the ability of a direct expansion system to vary its capacity 
every 20 seconds between 10% and 100% of the building design load, and 
no existing test procedure can provide a method for rating at those 
capacity points.
    2. No existing test procedure requires calculating Integrated Part 
Load Values (IPLV) in the heating mode.
    3. No existing test procedure accounts for the benefits of the DVM 
system's zoned cooling. No existing test standard allows for the 
inherent benefits of eliminating duct loss in a ductless system.
    4. No existing test procedure provides a method for testing and 
rating a system that utilizes one outdoor unit and sixteen indoor 
units.
    5. No existing test procedure can provide a method for rating 
systems where the type and capacity of the indoor unit can be mixed in 
the same system. The DVM system can mix together six different indoor 
models with seven different capacities, resulting in over 1,000 
combinations.
    The Samsung petition requests that DOE grant a waiver from existing 
test procedures until such time as a representative test procedure is 
developed and adopted for this class of products. Samsung intends to 
work with ARI to develop appropriate test procedures.
    Samsung also requested an Interim Waiver to allow it to work with 
manufacturers of similar products and industry organizations to develop 
a test procedure that accurately reflects the operation and energy 
consumption of these types of units. An Interim Waiver will be granted 
if it is determined that the applicant will experience economic 
hardship if the Application for Interim Waiver is denied, if it appears 
likely that the Petition for Waiver will be granted, and/or the 
Assistant Secretary determines that it would be desirable for public 
policy reasons to grant immediate relief pending a determination on the 
Petition for Waiver. (10 CFR 430.27(g), 431.201(e)(3))
    Samsung's Application for Interim Waiver does not provide 
sufficient information to evaluate what, if any, economic hardship 
Samsung will likely experience if its Application for Interim Waiver is 
denied. However, in those instances where the likely success of the 
Petition for Waiver has been demonstrated, based upon DOE having 
granted a waiver for a similar product design, it is in the public 
interest to have similar products tested and rated for energy 
consumption on a comparable basis. For Samsung's commercial DVM 
products, it appears likely that the Petition for Waiver will be 
granted. The Samsung DVM products are quite similar to the Mitsubishi 
City Multi products, for which DOE granted a waiver. (69 FR 52660, 
August 27, 2004) The Mitsubishi waiver was granted because Mitsubishi's 
products cannot be tested according to the prescribed test procedures, 
for two reasons: (1) Test laboratories cannot test products with so 
many indoor units (up to sixteen--the practical limit is about five); 
and (2) there are 58 indoor unit models, so for each outdoor unit, 
there are well over 1,000,000 combinations, and it is impractical to 
test so many combinations.
    Samsung's commercial outdoor units are capable of operating up to 
sixteen indoor units. Samsung's system also allows for over 1,000 
combinations of indoor and outdoor units. The upper limit on the number 
of indoor units that are currently able to be tested is about six. The 
Samsung commercial systems (with 100k and 72k Btu/hr outdoor units) 
will therefore experience the same testing problems that prompted DOE 
to grant Mitsubishi a waiver.
    Samsung's residential models, with a 50k Btu/hr outdoor unit, are 
capable of operating up to seven indoor units. This would still be 
difficult to test, but it is not clear that it could not be tested. 
However, although it may be possible to test Samsung's residential DVM 
systems, it is not practical to do so. For standard split system air 
conditioners with one indoor unit, DOE's regulations allow use of an 
alternative rating method (ARM) for generating efficiency ratings of 
different combinations of indoor and outdoor units. There is no such 
ARM for systems with more than one indoor unit, so Samsung would

[[Page 9631]]

have to test every combination offered for sale. With up to seven 
indoor units of six different types, thousands of combinations are 
possible, and it would not be practical to test so many combinations. 
This is the second of the two reasons for which Mitsubishi received a 
waiver; therefore, it appears likely that Samsung's residential DVM 
products will also be granted a waiver.
    Therefore, Samsung's Application for an Interim Waiver from the DOE 
test procedure for its DVM systems is granted. Hence, it is ordered 
that:
    The Application for Interim Waiver filed by Samsung is hereby 
granted for any Samsung DVM product using these outdoor units: 
RVMH100FAMOU, RVMC100FAMOU, RVMC070FAM0U, RVMC050CBM0U, and 
RVMH050CBM0U. Samsung shall not be required to test or rate these 
products on the basis of the currently applicable test procedure, which 
is ARI 340/360-2000 for the first three of the above outdoor units, 
which are commercial, and the test procedures contained in 10 CFR Part 
430, Subpart B, Appendix M, for the latter two, which are residential.
    This Interim Waiver is based upon the presumed validity of 
statements and allegations submitted by the company. This Interim 
Waiver may be removed or modified at any time upon a determination that 
the factual basis underlying the Application is incorrect.
    The Interim Waiver shall remain in effect for a period of 180 days 
or until DOE acts on the Petition for Waiver, whichever is sooner, and 
may be extended for an additional 180-day period, if necessary.
    The Department is publishing Samsung's Petition for Waiver in its 
entirety. The Petition contains no confidential information. The 
Department solicits comments, data, and information with respect to the 
Petition. The Department is particularly interested in receiving 
comments and views of interested parties concerning any alternate test 
procedures, modifications to test procedures, or alternative rating 
methods, which the Department could use to fairly represent the energy 
efficiency of Samsung's DVM products. Any person submitting written 
comments must also send a copy of such comments to the petitioner. 10 
CFR 430.27(b)(1)(iv).

    Issued in Washington, DC, on February 22, 2005.
David K. Garman,
Assistant Secretary, Energy Efficiency and Renewable Energy.

Samsung Air Conditioning

2865 Pellissier Place
Whittier CA 90601

October 7th 2003

Mr. Michael Raymond
Office of Building Research and Standards
United States Department of Energy
1000 Independence Avenue, SW
Washington, DC 20585-0121

Dear Mr. Raymond

    I am writing this letter to you in regard to the process for a 
Petition for Waiver and application for interim waiver of test 
procedures.
    Samsung Air Conditioning, acting through it's exclusive 
distributors in the USA, Quietside Corporation hereby petitions the 
United States Department of Energy for a Waiver of all Test 
procedures and makes application for an interim waiver pursuant to 
the provisions of 10 CFR 431.29.
    To support this petition, please consider the following 
submission.

1. Models Covered by the Scope of This Petition

    The Samsung DVM system products consist of three capacities of 
Outdoor units, nominally 100,000 Btu/h, 72,000 Btu/h and 50,000 Btu/
h, operating on 208/230V-3Ph-60Hz (100k & 72k units) and 208/230V-
1Ph-60Hz (50k unit).
    These units are available in both Cooling only and Heat Pump 
models (72k is Cooling only) and these outdoor units can be matched 
with six different types of indoor unit--

Built in Duct
Low Silhouette Duct
High Static Pressure Duct
4 Way Ceiling Cassette
1 Way Ceiling Cassette
High Wall Mount unit

    These indoor units are available in capacities from 7,000 Btu/h 
to 44,000 Btu/h depending on the model type.

Appendix 1: Full model list and description of items covered by 
petition

2. Inherent Characteristics of the Samsung DVM System

    The Samsung DVM system is a Commercial and Residential multi 
split, multi zoned variable refrigerant flow system that will 
provide either heating or cooling to the building as dictated by the 
individual zone temperature.
    The 100k & 72k Outdoor units are capable of operating up to 16 
indoor units, and the 50,000 Btu/h Outdoor unit is capable of 
operating up to 7 indoor units
    All of the indoor units are capable of operating independently, 
with their own temperature and fan speed setting. Based on those 
controls the outdoor unit will then determine the cooling or heating 
capacity delivered into the zones. The outdoor unit uses the 
following inputs to determine the capacity required by the zone--

Set Temperature (User selectable)
Room temperature (Measured in the return air of the unit)
Refrigerant temperature at the Evaporator Inlet
Refrigerant temperature at the Evaporator Outlet
Outdoor ambient temperature

    The Samsung DVM system cannot provide simultaneous Heating and 
Cooling functions into the zones, however it will operate to satisfy 
the building demands in the following manner--

First unit calling for operation
Majority rules for the building
All other zone requirements

    The Outdoor and Indoor units communicate the control information 
listed above every 20 seconds to calculate the indoor capacity 
required for the next 20 seconds of operation, allowing the unit to 
correctly assess the load characteristics of the building and adjust 
the capacity output accordingly.
    The method for controlling the capacity is to vary the quantity 
of refrigerant flowing through the entire system at any given time.
    The compressor(s) used in the Samsung DVM system are 
manufactured by Copeland in Sidney OH, and are a ``Digital Scroll'' 
type. This revolutionary compressor allows the system capacity to be 
varied from 10% to 100% depending on the indoor load. This is 
accomplished by allowing the fixed and orbiting scrolls inside the 
compressor to separate during unloaded periods, which stops 
refrigerant flow through the compressor and operates the compressor 
motor in an unloaded fashion, which greatly reduces the power 
consumed by the compressor,
    The outdoor unit also uses variable speed condenser fan motor(s) 
which can alter condenser airflow to exactly suit the outdoor air 
temperature and building load to ensure the unit operates in the 
most efficient manner possible.
    The Indoor units all utilize an Electronic Expansion Valve (EEV) 
which operates over a 480 step range from fully closed to fully 
open. This extensive range allows precise monitoring of the 
refrigerant quantity entering the evaporator coil and hence the 
cooling or heating capacity of the unit.
    This type of product will almost always operate below the 100% 
capacity threshold (part load versus full load operation), and due 
to the enhanced capacity control range of the DVM system it can 
operate at 10% capacity if the building load has reduced to that 
point.
    This type of operation is very similar to the Water Chilling 
units as detailed in ARI standard 550/590.

3. Waiver Requirements

    Samsung/Quietside seeks a waiver of all current test standards 
until a test standard can be developed and adopted that will provide 
the HVAC market in the United States (US) with a fair and accurate 
assessment of the DVM system energy consumption and efficiency 
levels.
    The current test procedures in place may evaluate the DVM system 
in a manner that is not representative of the true energy efficiency 
of the DVM system and provide inaccurate ratings which would be used 
to compare the DVM system with other forms of Air Conditioning/Heat 
Pumps in the market.
    Due to the constant variation of the system capacity it is 
patently inaccurate to rate the unit at its full load capacity or at 
any other fixed point of capacity when the unit capacity is 
constantly varying between 10% and 100% of the capacity.

[[Page 9632]]

    Any test method utilized to rate these types of full variable 
refrigerant flow units should be indicative of the ability of these 
units to operate at 10%, 20%, 30% * * * 100% as this is the true 
operation of the unit in the field.
    During 2002 a committee was formed by ARI to discuss alternate 
test methods for this type of multi split variable refrigerant flow 
unit, however to this date no additional test methodology has been 
adopted by the committee. As the Department is aware the timeframe 
for drafting and approving such a standard may be months or even 
years. The International Standards Organization have been currently 
working on a standard of their own for several years at this point 
in time.
    Due to the lack of an approved standard at this present time, 
the energy savings provided by the DVM System would not be 
accurately represented should it be tested under the current 
standards. This inaccurate representation will have a negative 
impact upon the sales of both the Samsung DVM system and other 
Variable Refrigerant Volume systems. This will not only greatly 
affect the business revenue of Quietside and Samsung, but it will 
prevent the country from realizing energy savings, particularly in 
the area of peak load usage reduction.
    To summarize, the test waiver for the DVM system is requested 
for the following reasons:
    A. No product currently for sale in the USA offers the ability 
of a direct expansion system to vary its capacity every 20 seconds 
between 10% and 100% of the building design load, and no existing 
test standard can provide a method for providing ratings at those 
capacity points.
    B. No existing test standard allows for IPLV to be calculated in 
the Heating mode.
    C. No existing test standard provides for the benefits of 
diversity due to the inherent ability of the DVM System to provide 
zoned cooling. Also no existing test standard provides for credit 
for negating duct loss from the nonducted units available with this 
system.
    D. No existing test standard provides a method to test and rate 
a system that utilizes one outdoor unit and 16 indoor units.
    E. No existing test standard can provide a method for rating 
systems where the type and capacity of indoor unit can be used. The 
DVM system can mix 6 different indoor models in up to 7 different 
capacities. For example a 100,000 Btu/h system can use 2 x 11,000 
Btu/h units of different models, 2 x 13,000 Btu/h units of 
additional models, 2 x 24,000 Btu/h models from additional models 
and still not be at 100% capacity load. The total number of unit 
combinations available is over 1,000, not including the ability to 
over or under size the indoor capacity with regard to the outdoor 
unit capacity.

4. Similar Equipment Currently Offered for Sale in the U.S.

Sanyo
Mitsubishi Comfort Systems
Mitsubishi Electric U.S.
    The above companies currently offer similar systems for sale in 
the United States, these systems offer similar advantages and energy 
savings inherent to all Variable Refrigerant Flow units, however no 
other manufacturer utilizes the ``Digital Scroll'' technology and 
the capacity range of the DVM system.
    Mitsubishi Electric U.S. currently has a test waiver proposal in 
front of the Department that has been published for comment in the 
Federal Register.

5. Reasons for Granting a Test Waiver to the DVM System

    The Samsung DVM System is currently offered for sale in the U.S. 
marketplace, however the lack of an existing or proposed test 
standard has resulted in the unit having to be provided with Energy 
Guide labels detailing a 10 SEER, the lowest possible rating. The 
true SEER of the DVM system would be a minimum of 50% higher.
    This failure to correctly rate the energy efficiency of the unit 
also does not allow the performance of the DVM system to be 
certified by the ARI (no applicable test standard or test 
availability), which causes a misconception of the efficiency level 
of the DVM system and provides wholly inaccurate data to the U.S. 
consumer.
    These types of Variable Refrigerant Flow products are very well 
established in the Asian and European markets, based on the high 
levels of efficiency and comfort provided to the end user. U.S. 
consumers should not be excluded from these benefits due to the lack 
of an applicable test standard, and should not be beholden to 
inaccurate data that will heavily disadvantage the DVM system or any 
other Variable Refrigerant Flow system in a very competitive 
marketplace.
    Independent testing of the DVM system against conventional Air 
conditioning systems shows an average of over 30% reduction on 
energy consumption, not even including the reduction in peak load 
operating consumption.
    Samsung test data, showing EER values (Watt for Watt) shows 
almost a full EER point increase over VAV and compressor control 
units, and a similar increase over an Inverter Variable Refrigerant 
Flow system. This test data is included in Appendix 2.
    The disadvantage of the lack of an applicable test standard will 
not only impact the potential sales of the DVM system, but also 
result in economic losses not only for Samsung and Quietside but 
also for the Copeland Corporation who have spent considerable time 
and resources in developing the ``Digital Scroll'' compressors.
    Samsung/Quietside formally urges the Department to grant an 
interim waiver from existing test standards and allow Quietside to 
work in conjunction with the other manufacturers of Variable 
Refrigerant Flow products and the various organizations involved in 
our industry to formulate a test standard that accurately reflects 
the operation and energy consumption of these types of units.
    Should the Department have any comments or questions regarding 
this petition please do not hesitate to contact the undersigned.

     Yours truly,

John Miles

Director of Engineering and Technical Support

Appendix 1 : Full Model List Samsung DVM System Products
Appendix 2 : Samsung performed Tests detailing Energy Efficiency 
versus Delivered Capacity for the DVM System

    I hereby certify that copies of this petition and application 
for Interim Waiver of test standards have been mailed to the 
following companies who are known to market similar Variable 
Refrigerant Flow products

Mitsubishi Electric US
4505-A Newpoint Place
Lawrenceville GA 30043
Attn: William Rau, President, HVAC Advanced Products Division
Sanyo
1165 Allgood Road, Suite 22
Marietta, GA 30062
Attn: Tetsushi Yamashita, Engineering Manager, HVAC
Mitsubishi Heavy Industries Climate Control Inc
3030 E. Victoria Street
Rancho Dominguez CA 90221
Attn: Caesar Ceballos, Technical Support Manager


         Appendix 1.--Samsung DVM System Products and Capacities
------------------------------------------------------------------------
                                                         Btu/h cooling/
          2003 Model                  Description            heating
------------------------------------------------------------------------
RVMH100FAMOU..................  Condensing Unit Heat      95,500/107,500
                                 Pump.
RVMC100FAMOU..................  Condensing Unit           95,500/107,500
                                 Cooling Only.
RVMH050CBMOU..................  Condensing Unit Heat       50,000/55,000
                                 Pump.
RVMC050CBMOU..................  Condensing Unit            50,000/55,000
                                 Cooling Only.
RVMC070FAMOU..................  Condensing Unit            76,000/85,000
                                 Cooling Only.
AVMKH020CAOU..................  1-Way Ceiling Cassette       7,000/7,500
                                 Heat Pump.
AVMKC020CAOU..................  1-Way Ceiling Cassette       7,000/7,500
                                 Cooling Only.
AVMKH032CAOU..................  1-Way Ceiling Cassette     11,000/12,000
                                 Heat Pump.
AVMKC032CAOU..................  1-Way Ceiling Cassette            11,000
                                 Cooling Only.
AVMKH040CAOU..................  1-Way Ceiling Cassette     13,500/14,500
                                 Heat Pump.

[[Page 9633]]

 
AVMKC04OCAOU..................  1-Way Ceiling Cassette            13,500
                                 Cooling Only.
AVMCH052CAOU..................  4-Way Ceiling Cassette     18,000/19,000
                                 Heat Pump.
AVMCC052CAOU..................  4-Way Ceiling Cassette            18,000
                                 Cooling Only.
AVMCH072CAOU..................  4-Way Ceiling Cassette     24,000/26,000
                                 Heat Pump.
AVMCC072CAOU..................  4-Way Ceiling Cassette            24,000
                                 Cooling Only.
AVMCH105CAOU..................  4-Way Ceiling Cassette     36,000/39,000
                                 Heat Pump.
AVMCC105CAOU..................  4-Way Ceiling Cassette            36,000
                                 Cooling Only.
AVMBH020CAOU..................  Built-In Duct Heat           7,000/7,500
                                 Pump.
AVMBC020CAOU..................  Built-In Duct Cooling              7,000
                                 Only.
AVMBH032CAOU..................  Built-In Duct Heat         11,000/12,000
                                 Pump.
AVMBC032CAOU..................  Built-In Duct Cooling             11,000
                                 Only.
AVMBH040CAOU..................  Built-In Duct Heat         13,500/14,500
                                 Pump.
AVMBC040CAOU..................  Built-In Duct Cooling             13,500
                                 Only.
AVMBH052CAOU..................  Built-In Duct Heat         18,000/19,000
                                 Pump.
AVMBC052CAOU..................  Built-In Duct Cooling             18,000
                                 Only.
AVMBH072CAOU..................  Built-In Duct Heat         24,000/26,000
                                 Pump.
AVMBC072CAOU..................  Built-In Duct Cooling             24,000
                                 Only.
AVMHH105CAOU..................  HSP Duct Heat Pump....     36,000/39,000
AVMHC105CAOU..................  HSP Duct Cooling Only.            36,000
AVMHH128CAOU..................  HSP Duct Heat Pump....     44,000/47,000
AVMHC128CAOU..................  HSP Duct Cooling Only.            44,000
AVMDH052CAOU..................  Low Silhouette Duct        18,000/19,000
                                 Heat Pump.
AVMDC052CAOU..................  Low Silhouette Cooling            18,000
                                 Only.
AVMDH072CAOU..................  Low Silhouette Duct        24,000/26,000
                                 Heat Pump.
AVMDC072CAOU..................  Low Silhouette Cooling            24,000
                                 Only.
AVMWH020CAOU..................  High Wall Mount Heat         7,000/7,500
                                 Pump.
AVMWC020CAOU..................  High Wall Mount                    7,000
                                 Cooling Only.
AVMWH032CAOU..................  High Wall Mount Heat       11,000/12,000
                                 Pump.
AVMWC032CAOU..................  High Wall Mount                   11,000
                                 Cooling Only.
AVMWH040CAOU..................  High Wall Mount Heat       13,500/14,500
                                 Pump.
AVMWC040CAOU..................  High Wall Mount                   13,500
                                 Cooling Only.
AVMWH052CAOU..................  High Wall Mount Heat       18,000/19,000
                                 Pump.
AVMWC052CAOU..................  High Wall Mount                   18,000
                                 Cooling Only.
AVMWH072CAOU..................  High Wall Mount Heat       24,000/26,000
                                 Pump.
AVMWC072CAOU..................  High Wall Mount                   24,000
                                 Cooling Only.
------------------------------------------------------------------------

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[GRAPHIC] [TIFF OMITTED] TN28FE05.055


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[FR Doc. 05-3782 Filed 2-25-05; 8:45 am]
BILLING CODE 6450-01-C