Energy Conservation Program for Consumer Products: Publication of the Petition for Waiver and Granting of the Application for Interim Waiver of Mitsubishi Electric From the DOE Residential and Commercial Package Air Conditioner and Heat Pump Test Procedures, 14858-14873 [06-2842]
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Federal Register / Vol. 71, No. 57 / Friday, March 24, 2006 / Notices
Craig Seltzer, Norfolk District, U.S.
Army Corps of Engineers, ATTN:
CENAO–PM–PA, 803 Front Street,
Norfolk, VA 23510. E-mail address:
Craig.L.Seltzer@usace.army.mil or Ms.
Erika Mark, Baltimore District, U.S.
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[FR Doc. 06–2863 Filed 3–23–06; 8:45 am]
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Notice of open meeting.
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[FR Doc. 06–2859 Filed 3–23–06; 8:45 am]
BILLING CODE 3710–61–M
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CAC–012]
Energy Conservation Program for
Consumer Products: Publication of the
Petition for Waiver and Granting of the
Application for Interim Waiver of
Mitsubishi Electric From the DOE
Residential and Commercial Package
Air Conditioner and Heat Pump Test
Procedures
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of Petition for Waiver,
granting of application for interim
waiver, and request for comments.
AGENCY:
SUMMARY: Today’s notice publishes a
Petition for Waiver from Mitsubishi
Electric and Electronics USA, Inc.
(MEUS). This Petition for Waiver
(hereafter ‘‘MEUS Petition’’) requests a
waiver of the test procedures applicable
to residential and commercial package
air conditioners and heat pumps. The
Department of Energy (hereafter
‘‘Department’’ or ‘‘DOE’’) is soliciting
comments, data, and information with
respect to the MEUS Petition.
Furthermore, today’s notice includes an
alternate test procedure the Department
is considering to include in the Decision
and Order and for which it is requesting
comments.
Today’s notice also grants an Interim
Waiver to MEUS from the existing
Department test procedures applicable
to residential and commercial package
air conditioners and heat pumps.
DATES: The Department will accept
comments, data, and information
regarding this Petition for Waiver until,
but no later than April 24, 2006.
ADDRESSES: Please submit comments,
identified by case number [CAC–012],
by any of the following methods:
• Mail: Ms. Brenda Edwards-Jones,
U.S. Department of Energy, Building
Technologies Program, Mailstop EE–2J,
Forrestal Building, 1000 Independence
Avenue, SW., Washington, DC 20585–
0121. Telephone: (202) 586–2945.
Please submit one signed original paper
copy.
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• Hand Delivery/Courier: Ms. Brenda
Edwards-Jones, U.S. Department of
Energy, Building Technologies Program,
Room 1J–018, Forrestal Building, 1000
Independence Avenue, SW.,
Washington, DC 20585.
• E-mail:
Michael.Raymond@ee.doe.gov. Include
either the case number [CAC–012], and/
or ‘‘MEUS Petition’’ in the subject line
of the message.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and case
number for this proceeding. Submit
electronic comments in WordPerfect,
Microsoft Word, PDF, or text (ASCII) file
format and avoid the use of special
characters or any form of encryption.
Wherever possible, include the
electronic signature of the author.
Absent an electronic signature,
comments submitted electronically
must be followed and authenticated by
submitting the signed original paper
document. The Department does not
accept telefacsimiles (faxes). Any person
submitting written comments must also
send a copy of such comments to the
petitioner. (10 CFR 430.27(b)(1)(iv),
431.201(d)(2)) 1 The name and address
of the petitioner of today’s notice is:
William Rau, Senior Vice President and
General Manager, HVAC Advanced
Products Division, Mitsubishi Electric &
Electronics USA, Inc., 4300
Lawrenceville-Suwanee Road, Suwanee,
GA 30024.
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 two copies: one copy of
the document including all the
information believed to be confidential,
and one copy of the document with the
information believed to be confidential
deleted. The Department will make its
own determination about the
confidential status of the information
and treat it according to its
determination.
Docket: For access to the docket to
read the background documents
1 On October 18, 2005, DOE published a technical
amendment which re-designates Subpart L (sections
431.201 through 431.207) of the Code of Federal
Regulations (CFR) as Subpart V (sections 431.401
through 431.407). (70 FR 60407, October 18, 2005)
DOE published the technical amendment to place
in the CFR the energy conservation standards and
related definitions that Congress prescribed in the
Energy Policy Act of 2005 for certain consumer
products and commercial and industrial equipment.
The amendment does not change the test procedure
waiver provisions for commercial equipment, but
moves them from 10 CFR 431.201 to 431.401. The
residential test procedure waiver provisions remain
at 10 CFR 430.27.
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relevant to this matter, 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) 586–2945,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
Available documents include the
following items: this notice; public
comments received; the Petition for
Waiver and Application for Interim
Waiver; prior Department rulemakings
regarding commercial central air
conditioners and heat pumps; and the
prior MEUS Petition for Waiver, the
Department’s notice of the prior MEUS
Petition for Waiver and the subsequent
Department Decision and Order. 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 rulemaking materials.
FOR FURTHER INFORMATION CONTACT: Dr.
Michael G. Raymond, U.S. Department
of Energy, Office of Energy Efficiency
and Renewable 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., 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.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
II. Petition for Waiver
III. Application for Interim Waiver
IV. Alternate Test Procedure
V. Summary and Request for Comments
I. Background and Authority
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 residential
products under Part B, and commercial
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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 operating
costs, and that are not unduly
burdensome to conduct. (42 U.S.C.
6293(b)(3), 6314(a)(2)).
MEUS’s petition requests a waiver
from both the residential and
commercial test procedures for its
R410A models of its CITY MULTI
Variable Refrigerant Flow Zoning
(VRFZ) product line, which are sold for
commercial use. The test procedures for
residential products appear at 10 CFR
part 430, subpart B, Appendix M. EPCA
provides that the Secretary of Energy
may amend test procedures for
consumer products if the Secretary
determines that amended test
procedures would more accurately
reflect energy efficiency, energy use or
estimated annual operating costs, and
are not unduly burdensome to conduct.
(42 U.S.C. 6293(b)(1)(A), and 42 U.S.C.
6293(b)(3)).
For commercial package air
conditioning and heating equipment,
EPCA provides that the test procedures
shall be those generally accepted
industry testing procedures or rating
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 adopting
test procedures for commercial package
air conditioning and heating equipment,
effective December 20, 2004. DOE
adopted 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 large
commercial package air conditioning
and heating equipment with capacities
≥ 135,000 Btu/h and <240,000 Btu/h
and small commercial package air
conditioning and heating equipment
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with capacities ≥65,000 Btu/h and
<135,000 Btu/h. (69 FR 61962, October
21, 2004) The capacities of MEUS’s
MULTI CITY VRFZ products sold for
commercial use fall in the ranges
covered by both the commercial
standards, ARI Standard 340/360–2000
and the ARI Standard 210/240–2003,
and the test procedures for residential
products cited above.
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 waiver
provisions for commercial equipment
are substantively identical to those for
covered consumer products and are
found at 10 CFR 431.401 (formerly, 10
CFR 431.201).
The waiver provisions allow the
Assistant Secretary for Energy Efficiency
and Renewable Energy (hereafter
‘‘Assistant Secretary’’) to temporarily
waive 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 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 430.27(a)(1),
10 CFR 431.201(a)(1)) The Assistant
Secretary may grant the waiver subject
to conditions, including adherence to
alternate test procedures. Petitioners are
to include in their petition any alternate
test procedures known to evaluate the
basic model in a manner representative
of its energy consumption. (10 CFR
430.27(b)(1)(iii), 10 CFR
431.201(b)(1)(iii)) 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 to grant an Interim
Waiver from test procedure
requirements to manufacturers that have
petitioned the Department for a waiver
of such prescribed test procedures. (10
CFR 430.27(a)(2), 10 CFR 431.201(a)(2))
An Interim Waiver remains in effect for
a period of 180 days or until the
Department issues its determination on
the Petition for Waiver, whichever is
sooner, and may be extended for an
additional 180 days, if necessary. (10
CFR 430.27(h), 10 CFR 431.201(e)(4)).
II. Petition for Waiver
On November 7, 2005, MEUS filed an
Application for Interim Waiver and a
Petition for Waiver from the test
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procedures applicable to its residential
and commercial package air
conditioning and heating equipment. In
particular, MEUS requested a waiver
from the residential test procedures
contained in 10 CFR part 430, subpart
B, Appendix M, and a waiver from the
commercial test procedures contained
in ARI Standard 210/240–2003 and in
ARI Standard 340/360–2000. The
Department previously granted MEUS a
waiver from test procedures in 2004 for
similar models which use R22 as a
refrigerant. (69 FR 52660, August 27,
2004) Given product adjustments to
accommodate the new R410A
refrigerant, MEUS requests a waiver
from the test procedures for its new
MULTI CITY models.
MEUS seeks a waiver from the
applicable test procedures because,
MEUS asserts, design characteristics of
the R410A CITY MULTI VRFZ systems
prevent testing according to the
currently prescribed test procedures.
MEUS claims that its R410A models
cannot be tested pursuant to the existing
test procedures for the same reasons that
its R22 models were previously granted
a waiver by the Department. In
particular, the R410A CITY MULTI
systems can connect more indoor units
than the test laboratories can physically
test at one time. Because of the inability
to test products with so many indoor
units, testing laboratories will not be
able to test many of the R410A system
combinations. Furthermore, MEUS
asserts that the current test procedures
do not provide direction for determining
what combinations of outdoor and
indoor units should be tested in the
circumstance where a multitude of
different combinations are possible.
Also, the test procedures provide no
mechanism for sampling component
combinations. In addition, MEUS
asserts that it is not practical to test all
of the potentially available
combinations of indoor and outdoor
units, which numbers in the billions.
MEUS states that the R410A CITY
MULTI system is designed to be
flexible, with numerous combinations
possible. According to MEUS, each of
the indoor units is designed to be used
with up to 18 other indoor units with
the 108,000 Btu/h outdoor units and
potentially 31 other indoor units with
the 234,000 Btu/h outdoor units. Also,
MEUS offers 58 different indoor models
that can be used in the different
combinations. Given the above, MEUS
asserts the current test procedures
cannot practically be applied to the
CITY MULI VRFZ systems.
In addition, MEUS asserts, the current
test procedures evaluate CITY MULTI
VRFZ system products in a manner not
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representative of their true energy
efficiency. MEUS claims that many
benefits of its system characteristics,
including variable refrigerant control
and distribution, zoning diversity, partload operation and simultaneous
heating and cooling, are not credited
under the current test procedures.
The MEUS petition requests that the
Department grant a waiver from existing
test procedures until such time as a
representative test procedure is
developed and adopted for this class of
products. MEUS did not include an
alternate test procedure in its petition
and noted that it knows of no alternative
test procedure that could evaluate its
products in a representative manner.
However, MEUS is actively working
with ARI to develop test procedures that
accurately reflects the operation and
energy consumption of these types of
units.
III. Application for Interim Waiver
MEUS also requested an Interim
Waiver to allow it to introduce its new
R410A products in the U.S. market
while the Department evaluates the
Petition for Waiver. An Interim Waiver
may 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 of the Petition for Waiver.
(10 CFR 431.201(e)(3), 430.27(g)).
MEUS’s Application for Interim
Waiver does not provide sufficient
information to evaluate what, if any,
economic hardship MEU 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 the
Department 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 MEUS’s new
R410A CITY MULTI VRFZ products, it
appears likely that the Petition for
Waiver will be granted. The products
currently under consideration, MEUS’s
new R410A CITY MULTI VRFZ
products, are quite similar to the MEUS
products previously granted a waiver,
MEUS’s R22 CITY MULTI VRFZ
products. (69 FR 52660, August 27,
2004) The previous MEUS waiver was
granted because MEUS’s R22 products
cannot be tested according to the
prescribed test procedures, for two
reasons: (1) Test laboratories cannot test
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products with so many indoor units (at
the time of the ruling, R22 CITY MULTI
VRFZ outdoor systems could connect an
outdoor unit with up to sixteen indoor
units); and (2) there are too many
possible combinations of indoor and
outdoor units (at the time of the ruling,
MEUS offered 58 R22 indoor unit
models, allowing for well over
1,000,000 combinations for each
outdoor unit), and it is impractical to
test so many combinations. As
discussed above, the new MEUS CITY
MULTI VRFZ systems will likely suffer
the same testing problems that
prompted the Department to grant
MEUS the waiver for its R22 products.
Thus, it is likely that MEUS’s Petition
for Waiver will be granted for the new
R410A models.
Therefore, MEUS’s Application for an
Interim Waiver from the Department test
procedure for its new R410A CITY
MULTI VRFZ systems is granted. Hence,
it is ordered that:
The Application for Interim Waiver
filed by MEUS is hereby granted for
MEUS’s new R410A CITY MULTI VRFZ
central air conditioners and central air
conditioning heat pumps. MEUS shall
not be required to test or rate its CITY
MULTI VRFZ products listed below on
the basis of the currently applicable test
procedures, which are the test
procedures contained in 10 CFR part
430, subpart B, Appendix M, for the
PUMY–P48TGMU–* model, listed last,
and ARI 340/360–2000 and ARI 210/
240–2003, for the other listed models:
CITY MULTI Variable Refrigerant
Flow Zoning System R–2 Series
Outdoor Equipment:2
• PURY–P72TGMU–*, 72,000 Btu/h,
208/230–3–60 split-system variablespeed heat pump
• PURY–P96TGMU–*, 96,000 Btu/h,
208/230–3–60 split-system variablespeed heat pump
• PURY–P108TGMU–*, 108,000 Btu/
h, 208/230–3–60 split-system variablespeed heat pump
• PURY–P126TGMU–*, 126,000 Btu/
h, 208/230–3–60 split-system variablespeed heat pump
• PURY–P144TGMU–*, 144,000 Btu/
h, 208/230–3–60 split-system variablespeed heat pump
• PURY–P168TGMU–*, 168,000 Btu/
h, 208/230–3–60 split-system variablespeed heat pump
• PURY–P192TGMU–*, 192,000 Btu/
h, 208/230–3–60 split-system variablespeed heat pump
• PURY–P204TGMU–*, 204,000 Btu/
h, 208/230–3–60 split-system variablespeed heat pump
2 The * denotes engineering differences in the
models.
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• PURY–P216TGMU–*, 216,000 Btu/
h, 208/230–3–60 split-system variablespeed heat pump
• PURY–P234TGMU–*, 234,000 Btu/
h, 208/230–3–60 split-system variablespeed heat pump
CITY MULTI Variable Refrigerant
Flow Zoning System Y-Series Outdoor
Equipment:
• PUHY–P72TGMU–*, 72,000 Btu/h,
208/230–3–60 split-system variablespeed heat pump
• PUHY–P96TGMU–*, 96,000 Btu/h,
208/230–3–60 split-system variablespeed heat pump
• PUHY–P108TGMU–*, 108,000 Btu/
h, 208/230–3–60 split-system variablespeed heat pump
• PUHY–P126TGMU–*, 126,000 Btu/
h, 208/230–3–60 split-system variablespeed heat pump
• PUHY–P144TGMU–*, 144,000 Btu/
h, 208/230–3–60 split-system variablespeed heat pump
• PUHY–P168TGMU–*, 168,000 Btu/
h, 208/230–3–60 split-system variablespeed heat pump
• PUHY–P192TGMU–*, 192,000 Btu/
h, 208/230–3–60 split-system variablespeed heat pump
• PUHY–P204TGMU–*, 204,000 Btu/
h, 208/230–3–60 split-system variablespeed heat pump
• PUHY–P216TGMU–*, 216,000 Btu/
h, 208/230–3–60 split-system variablespeed heat pump
• PUHY–P234TGMU–*, 234,000 Btu/
h, 208/230–3–60 split-system variablespeed heat pump
CITY MULTI Variable Refrigerant
Flow Zoning System Indoor Equipment:
P*FY models, ranging from 6,000 to
96,000 Btu/h, 208/230–1–60 splitsystem variable-capacity air conditioner
or heat pump.
• PCFY Series—Ceiling Suspended—
PCFY–P12/18/24/30/36***–*
• PDFY Series—Ceiling Concealed
Ducted—PDFY–P06/08/12/15/18/24/30/
36/48***–*
• PEFY Series—Ceiling Concealed
Ducted (Low Profile)—PEFY–P06/08/
12***–*
• PEFY Series—Ceiling Concealed
Ducted (Alternate High Static Option)–
PEFY–P15/18/24/27/30/36/48/54/72/
96***–*
• PEFY–F Series—Ceiling Concealed
Ducted (100% OA Option)—PEFY–P30/
54/72/96***–*–*
• PFFY Series—Floor Standing
(Concealed)—PEFY–P06/08/12/15/18/
24***–*
• PFFY Series—Floor Standing
(Exposed)—PEFY–P06/08/12/15/18/
24***–*
• PKFY Series—Wall-Mounted—
PKFY–P06/08/12/18/24/30***–*
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• PLFY Series—4-Way Airflow
Ceiling Cassette—PEFY–P12/18/24/30/
36***–*
• PMFY Series—1-Way Airflow
Ceiling Cassette—PEFY–P06/08/12/
15***–*
CITY MULTI Variable Refrigerant
Flow Zoning System S-Series Outdoor
Equipment:
• PUMY—P48TGMU–*, 48,000 Btu/
h, 208/230–1–60 split-system variablespeed heat pump.3
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
the Department acts on the Petition for
Waiver, whichever is sooner, and may
be extended for an additional 180-day
period, if necessary.
IV. Alternate Test Procedure
Manufacturers face restrictions with
respect to making representations about
the energy consumption and energy
consumption costs of products covered
by EPCA. (42 U.S.C. 6314(d), 42 U.S.C.
6293(c)). Consistent representations are
important for manufacturers to make
claims about the energy efficiency of
their products. For example, they are
necessary to determine compliance with
state and local energy codes and
regulatory requirements, and can
provide valuable consumer purchasing
information. To provide a test procedure
from which manufacturers can make
valid representations, the Department is
considering setting an alternate test
procedure for MEUS in the subsequent
Decision and Order. Furthermore, if
DOE specifies an alternate test
procedure for MEUS, DOE is
considering applying the alternate test
procedure to similar waivers for
residential and commercial central air
conditioners and heat pumps. Such
cases include Samsung’s petition for its
DVM products (70 FR 9629, February
28, 2005), Fujitsu’s petition for its
Airstage variable refrigerant flow (VRF)
products (70 FR 5980, February 4,
2005), and MEUS’s petition for its R22
CITY MULTI VRFZ products (69 FR
52660, August 27, 2004).
As noted above, existing testing
facilities have a limited ability to test
multiple indoor units at one time, and
the number of possible combination of
3 Though Mitsubishi sells the PUMY–P48TGMU–
* model as a commercial product, it is tested
according to the residential test procedures
prescribed by DOE, at 10 CFR part 430, subpart B,
Appendix M.
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Federal Register / Vol. 71, No. 57 / Friday, March 24, 2006 / Notices
indoor and outdoor units for some
variable refrigerant zoning systems is
impractical to test. Subsequent to the
waiver that DOE granted for MEUS’s
R22 models, ARI developed a committee
to discuss the issue and work on
developing an appropriate test protocol
for variable refrigerant zoning systems.
However, to date, no additional test
methodologies have been adopted by
the committee or put forth to the
Department. Furthermore, the
Department is aware that the time
required for drafting and approving
such standards may be months or even
years.
DOE is considering amending the
waiver issued to MEUS on August 27,
2004. DOE has been aware that MEUS
has made efficiency representations for
its City Multi products on its Web site
for several years. The efficiency
representations are currently listed
under the headings ‘‘System Efficiency’’
for cooling, and ‘‘System COP’’ for
heating. DOE is considering prohibiting
the making of efficiency representations
for the products granted a waiver on
August 27, 2004, because these products
were granted a waiver for the reason
that the products could not be tested,
which implies that representations
cannot be made on the basis of testing.
DOE is considering what energy
efficiency representations it will allow
for these products. If DOE grants this
waiver, MEUS could sell products with
energy efficiency representations under
one of three methods outlined in (3)(B)
below. An alternate test procedure is
needed in order that manufacturers can
make representations for their products.
Even though MEUS did not include an
alternate test procedure in their petition,
and DOE did not specify one in the
previous MEUS waiver, DOE is
considering including in the Decision
and Order the following waiver
language:
(1) The ‘‘’Petition for Waiver’’’ filed
by Mitsubishi Electric and Electronics
USA, Inc. (MEUS) is hereby granted as
set forth in the paragraphs below.
(2) MEUS shall be not be required to
test or rate the CITY MULTI Variable
Refrigerant Flow Zoning System (VRFZ)
products covered in this waiver on the
basis of the currently applicable test
procedure, but shall be required to test
and rate its CITY MULTI VRFZ products
covered in this waiver according to the
alternate test procedure as set forth in
paragraph (3).
(3) Alternate test procedure. MEUS
shall be required to test according to
those test procedures for central air
conditioners and heat pumps prescribed
by DOE at 10 CFR parts 430 and 431,
except for the first sentence in 10 CFR
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430.24(m)(2), which refers to ‘‘that
combination manufactured by the
condensing unit manufacturer likely to
have the highest volume of retail sales.’’
Instead of testing the combinations
likely to have the highest volume of
retail sales, which may be difficult to
identify, MEUS may test a ‘‘tested
combination’’ selected in accordance
with the provisions of subparagraph (A)
of this section. MEUS may make
representations of the MULTI CITY
products covered in this waiver,
according to the provisions of
subparagraph (B).
(A) Tested combination. The term
‘‘tested combination’’ means a sample
basic model comprised of units that are
production units, or are representative
of production units, of the basic model
being tested. For the purposes of this
waiver, the tested combination shall
have the following features:
(i) The basic model of a variable
refrigerant flow system (‘‘VRF system’’)
used as a tested combination shall
consist of an outdoor unit that is
matched with between 2 and 5 indoor
units.
(ii) The indoor units shall—
(a) Represent the highest sales volume
type models;
(b) Together, have a capacity between
95% and 105% of the capacity of the
outdoor unit;
(c) Not, individually, have a capacity
greater than 50% of the capacity of the
outdoor unit;
(d) Have a fan speed that is consistent
with the manufacturer’s specifications;
and
(e) All have the same external static
pressure.
(B) Representations. MEUS may make
representations about the Energy
Efficiency Rating (‘‘EER’’) or Coefficient
of Performance (‘‘COP’’) of products
covered by this test procedure waiver
only to the extent that such
representations are made consistent
with the provisions outlined below:
(i) If MEUS chooses to test retail
combinations of its MULTI CITY VRFZ
products, MEUS may make
representations about these retail
combinations according to those test
procedures for central air conditioners
and heat pumps prescribed at 10 CFR
parts 430 and 431.
(ii) In the case where MEUS does not
test retail combinations, MEUS may
make representations which are based
on the testing results from the tested
combination and which are consistent
with any of the three following
methods:
(a) Representation of non-tested
combinations according to an
Alternative Rating Method (ARM)
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approved by DOE and described in 10
CFR 430.24(m).
(b) Representation of non-tested
combinations with the representation
given the tested combination.4
(c) Representation of non-tested
combinations at the DOE prescribed
minimum efficiency level for the
product class.
Method (a) is already allowed for all
central air conditioners. It is not, at this
time, possible for products such as
MEUS’ multi-splits, because an ARM
has not been developed for this type of
product.
Method (b) is a reduction of method
(a). In method (a), with an ARM, the
efficiency of non-tested combinations is
calculated based on a tested
combination that has the same outdoor
unit as the non-tested combinations.
The calculation is based on physical
parameters of the indoor unit such as
face area, number of rows, refrigerant
circuitry, etc. In general, the efficiency
calculated in this way will be either
higher or lower than the efficiency of
the tested combination. However, no
ARM has been developed for these
products, so the Department is
proposing to allow MEUS to represent
temporarily that all combinations using
a particular outdoor unit have the
efficiency of the combination that has
been tested with that outdoor unit. That
is equivalent to characterizing the
indoor unit as having no effect on the
efficiency. The Department believes this
is reasonable because the outdoor unit
is the principal efficiency driver, and
the required test procedure does not
exactly fit these products, but tends to
rate them very conservatively. This is
because the products are capable of
simultaneous heating and cooling,
which is more efficient than requiring
all zones to be either heated or cooled,
and because the test procedure requires
full load testing, which disadvantages
these products, which are optimized for
best efficiency when operating with less
than full loads.
4 Currently, no alternate rating method exists by
which MEUS can rate its CITY MULTI VRFZ
products. Given a waiver from applicable DOE test
procedures and no alternate rating method, MEUS
faces limitations in making representations with its
CITY MULTI VRFZ products. As such, to comply
with California state building codes, the California
Energy Commission is requiring the MEUS
represent its CITY MULTI VRFZ products as
minimal efficiency commercial package air
conditioner and heat pumps. (G. William
Pennington, Manager Buildings Appliances Office,
California Energy Commission, Letter to William
Rau, Senior Vice President, General Manager,
Mitsubishi Electric & Electronics USA, Inc, 16 June
2005) DOE believes that making a representation
according to a tested combination would permit
MEUS to make more accurate representations of its
CITY MULTI VRFZ products.
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Method (c) allows rating at the
minimum standard level without testing
because the Department believes the
products’ efficiency in actual use would
be at least as great as conventional
products with efficiencies at the
minimum standard level, because the
required efficiency descriptor rates the
products at full load. The products have
higher efficiency when operating at
part-load conditions, and the products,
in fact, normally operate at part-load
conditions. Further, the multi-zoning
feature of these products, which enables
them to cool only those portions of the
building which require cooling, uses
less energy than if the whole building
must be cooled when cooling is
required.
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V. Summary and Request for Comments
Today’s notice announces a MEUS
Petition for Waiver and grants MEUS an
Interim Waiver from the test procedures
applicable to MEUS’s R410A MULTI
CITY package air conditioner and heat
pump units. The Department is
publishing the MEUS Petition for
Waiver in its entirety. The Petition
contains no confidential information.
Furthermore, today’s notice includes an
alternate test procedure that the
Department is considering to include in
the subsequent Decision and Order. In
this alternate test procedure, the
Department proposes defining a ‘‘tested
combination’’ which MEUS could test
in lieu of testing all retail combinations
of its VRFZ MULTI CITY products.
Furthermore, should a manufacturer not
be able to test all retail combinations,
DOE proposes allowing manufacturers
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18:26 Mar 23, 2006
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to rate waived products according to an
alternate rating method approved by
DOE, to rate waived products as the
same as that for the specified tested
combination, or to rate at the minimum
efficiency level without testing.
The Department is also considering
amending the waiver previously issued
to MEUS on August 27, 2004, because
MEUS is making energy efficiency
representations even though it
previously had represented to the
Department that such units could not be
tested. Thus, MEUS sold untested units
with energy efficiency ratings that had
not been properly verified.
The Department is interested in
receiving comments on all aspects of
this notice. The Department is
particularly interested in receiving
comments and views of interested
parties concerning the proposed
alternate test procedure and the
representations under consideration for
the upcoming Decision and Order for
the MEUS Petition, as well as for other
similar air conditioner and heat pump
cases. Specifically, the Department
would like to receive comment on the
following questions:
• Is it appropriate for MEUS to use
the proposed test procedure for ratings,
representations and compliance with
state and local energy codes and
regulatory requirements?
• What should the Department
prescribe for manufacturers in situations
where the defined tested combination is
not testable or practical to test?
• Would it be appropriate for DOE to
create a separate class for multi-split,
zoned central air conditioner and heat
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pumps, as an alternative to prescribing
an alternate test procedure or modifying
existing central air conditioner and heat
pump test procedures? In this case, such
central air conditioner and heat pump
models would not be subject to an
energy standard until an appropriate
test procedure is developed and
prescribed.
• Should the Department allow
energy efficiency representations for
non-tested combinations of these
products at the level of the tested
combination?
• Should the Department allow
energy efficiency representations for
non-tested combinations at the DOE
prescribed minimum efficiency level for
the product class?
• Is the Department’s proposed
definition of ‘‘tested combination’’
useful and workable?
• Are there possible modifications to
any test procedures or alternative rating
methods which the Department could
use to fairly represent the energy
efficiency of MEUS R410A CITY MULTI
products, as well as similar multi-split
products from other manufacturers?
Any person submitting written
comments must also send a copy of
such comments to the petitioner, whose
contact information is cited above.(10
CFR 431.201(d)(2), 10 CFR
430.27(b)(1)(iv)).
Issued in Washington, DC, on March 15,
2006.
Douglas L. Faulkner,
Acting Assistant Secretary, Energy Efficiency
and Renewable Energy.
BILLING CODE 6450–01–P
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14872
Federal Register / Vol. 71, No. 57 / Friday, March 24, 2006 / Notices
[FR Doc. 06–2842 Filed 3–23–06; 8:45 am]
BILLING CODE 6450–01–C
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Notice of Application for Amendment
of Shoreline Management Plan and
Soliciting Comments, Motions To
Intervene, and Protests
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March 16, 2006.
Take notice that the following
application has been filed with the
Commission and is available for public
inspection:
a. Application Type: Amendment of
Shoreline Management Plan.
b. Project No: 2210–131.
c. Dates Filed: March 16, 2006.
d. Applicant: Appalachian Power
Company (APC).
e. Name of Project: Smith Mountain
Pumped Storage Project.
f. Location: The project is located on
the Roanoke River, in Bedford,
Pittsylvania,Franklin, and Roanoke
Counties, Virginia.
g. Filed Pursuant to: Federal Power
Act, 16 U.S.C. 791(a)–825(r) and 799
and 801.
h. Applicant Contact: Frank M.
Simms, Hydro Generation Department,
American Electric Power, P.O. Box
2021, Roanoke, VA 24022–2121, (540)
985–2875.
i. FERC Contact: Any questions on
this notice should be addressed to Mrs.
Heather Campbell at (202) 502–6182, or
e-mail address:
heather.campbell@ferc.gov or Mr. Bob
Fletcher at (202) 502–8901, or e-mail
address: robert.fletcher@ferc.gov.
j. Deadline for filing comments and or
motions: April 14, 2006.
All documents (original and eight
copies) should be filed with: Ms.
Magalie R. Salas, Secretary, Federal
Energy Regulatory Commission, 888
First Street, NE., Washington DC 20426.
Please include the project number (P–
2210–131) on any comments or motions
filed. Comments, protests, and
interventions may be filed electronically
via the internet in lieu of paper. See, 18
CFR 385.2001(a)(1)(iii) and the
instructions on the Commission’s Web
site at https://www.ferc.gov under the
e-Filing’’ link. The Commission strongly
encourages e-filings.
k. Description of Request: The
licensee requests to amend the July 5,
2005 Order Modifying and Approving
Shoreline Management Plan (112 FERC
¶ 61,026) to revise ordering paragraph
(D) from: ‘‘All in-water construction,
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except pile driving and associated above
water dock construction activities, is
prohibited from February 15 through
June 15. Pile driving and associated inwater dock construction activities are
prohibited from April 15 to June 15.
Installation or maintenance of
navigational markers is exempt from
these time-of-year restrictions.’’ To ‘‘All
in-water construction, except pile
driving and associated above water dock
construction activities, is prohibited
from February 15 through June 15. Pile
driving shall include the removal of
existing piles necessary for construction
of the associated facility and be limited
to only piling installed utilizing impact
equipment.’’
l. Location of the Application: This
filing is available for review at the
Commission in the Public Reference
Room 888 First Street, NE., Room 2A,
Washington, DC 20426 or may be
viewed on the Commission’s Web site at
https://www.ferc.gov using the ‘‘elibrary’’ link. Enter the docket number
excluding the last three digits in the
docket number field to access the
document. For assistance, call toll-free
1–866–208–3676 or e-mail
FERCOnlineSupport@ferc.gov. For TTY,
call (202) 502–8659. A copy is also
available for inspection and
reproduction at the address in item h.
above.
m. Individuals desiring to be included
on the Commission’s mailing list should
so indicate by writing to the Secretary
of the Commission.
n. Comments, Protests, or Motions to
Intervene—Anyone may submit
comments, a protest, or a motion to
intervene in accordance with the
requirements of Rules of Practice and
Procedure, 18 CFR 385.210, .211, .214.
In determining the appropriate action to
take, the Commission will consider all
protests or other comments filed, but
only those who file a motion to
intervene in accordance with the
Commission’s Rules may become a
party to the proceeding. Any comments,
protests, or motions to intervene must
be received on or before the specified
comment date for the particular
application.
o. Filing and Service of Responsive
Documents—Any filings must bear in
all capital letters the title
‘‘COMMENTS’’,
‘‘RECOMMENDATIONS FOR TERMS
AND CONDITIONS’’, ‘‘PROTEST’’, or
‘‘MOTION TO INTERVENE’’, as
applicable, and the Project Number of
the particular application to which the
filing refers. A copy of any motion to
intervene must also be served upon each
representative of the Applicant
specified in the particular application.
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14873
p. Agency Comments—Federal, state,
and local agencies are invited to file
comments on the described
applications. Copies of the applications
may be obtained by agencies directly
from the Applicant. If an agency does
not file comments within the time
specified for filing comments, it will be
presumed to have no comments. One
copy of an agency’s comments must also
be sent to the Applicant’s
representatives.
Magalie R. Salas,
Secretary.
[FR Doc. E6–4253 Filed 3–23–06; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP06–85–000]
CenterPoint Energy Gas Transmission
Company; Notice of Application
March 17, 2006.
On March 10, 2006, in Docket No.
CP06–85–000, CenterPoint Energy Gas
Transmission Company (CEGT),
pursuant to section 7(c) of the Natural
Gas Act, as amended, and section 157
subpart A of the Federal Energy
Regulatory Commission’s (Commission)
regulations requests authorization to
construct, own, and operate the
Carthage to Perryville Project designed
to receive and transport 1.237 billion
cubic feet per day of natural gas. The
project would consist of: 171.9 miles of
42-inch diameter pipeline; compression
totaling 41,240 hp at two compressor
stations; meter and regulator stations at
receipt points with 3 Texas intrastate
pipelines; interconnections with 4
interstate pipelines; and, appurtenant
facilities. The facilities will operate
separately from CEGT’s existing
pipeline system, and CEGT is seeking
implementation of a fixed charge for
Fuel Use and Lost and Unaccounted For
Gas (LUFG) applicable to transportation
on the new facilities, all as more fully
described in the application. CEGT
seeks waiver of the Commission’s
regulations such that the 30-day
comment period for the Final
Environmental Impact Statement may
coincide with the 30-day requested
certificate order’s rehearing period and
that notational voting be used to extent
this approach would expedite the
order’s issuance. CEGT requests that the
Commission issue requested
authorizations by October 30, 2006 so
that facilities may be operable in time
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]]>Agencies
[Federal Register Volume 71, Number 57 (Friday, March 24, 2006)]
[Notices]
[Pages 14858-14873]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2842]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CAC-012]
Energy Conservation Program for Consumer Products: Publication of
the Petition for Waiver and Granting of the Application for Interim
Waiver of Mitsubishi Electric From the DOE Residential and Commercial
Package Air Conditioner and Heat Pump Test Procedures
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of Petition for Waiver, granting of application for
interim waiver, and request for comments.
-----------------------------------------------------------------------
SUMMARY: Today's notice publishes a Petition for Waiver from Mitsubishi
Electric and Electronics USA, Inc. (MEUS). This Petition for Waiver
(hereafter ``MEUS Petition'') requests a waiver of the test procedures
applicable to residential and commercial package air conditioners and
heat pumps. The Department of Energy (hereafter ``Department'' or
``DOE'') is soliciting comments, data, and information with respect to
the MEUS Petition. Furthermore, today's notice includes an alternate
test procedure the Department is considering to include in the Decision
and Order and for which it is requesting comments.
Today's notice also grants an Interim Waiver to MEUS from the
existing Department test procedures applicable to residential and
commercial package air conditioners and heat pumps.
DATES: The Department will accept comments, data, and information
regarding this Petition for Waiver until, but no later than April 24,
2006.
ADDRESSES: Please submit comments, identified by case number [CAC-012],
by any of the following methods:
Mail: Ms. Brenda Edwards-Jones, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, Forrestal Building, 1000
Independence Avenue, SW., Washington, DC 20585-0121. Telephone: (202)
586-2945. Please submit one signed original paper copy.
[[Page 14859]]
Hand Delivery/Courier: Ms. Brenda Edwards-Jones, U.S.
Department of Energy, Building Technologies Program, Room 1J-018,
Forrestal Building, 1000 Independence Avenue, SW., Washington, DC
20585.
E-mail: Michael.Raymond@ee.doe.gov. Include either the
case number [CAC-012], and/or ``MEUS Petition'' in the subject line of
the message.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and case number for this proceeding. Submit electronic comments in
WordPerfect, Microsoft Word, PDF, or text (ASCII) file format and avoid
the use of special characters or any form of encryption. Wherever
possible, include the electronic signature of the author. Absent an
electronic signature, comments submitted electronically must be
followed and authenticated by submitting the signed original paper
document. The Department does not accept telefacsimiles (faxes). Any
person submitting written comments must also send a copy of such
comments to the petitioner. (10 CFR 430.27(b)(1)(iv), 431.201(d)(2))
\1\ The name and address of the petitioner of today's notice is:
William Rau, Senior Vice President and General Manager, HVAC Advanced
Products Division, Mitsubishi Electric & Electronics USA, Inc., 4300
Lawrenceville-Suwanee Road, Suwanee, GA 30024.
---------------------------------------------------------------------------
\1\ On October 18, 2005, DOE published a technical amendment
which re-designates Subpart L (sections 431.201 through 431.207) of
the Code of Federal Regulations (CFR) as Subpart V (sections 431.401
through 431.407). (70 FR 60407, October 18, 2005) DOE published the
technical amendment to place in the CFR the energy conservation
standards and related definitions that Congress prescribed in the
Energy Policy Act of 2005 for certain consumer products and
commercial and industrial equipment. The amendment does not change
the test procedure waiver provisions for commercial equipment, but
moves them from 10 CFR 431.201 to 431.401. The residential test
procedure waiver provisions remain at 10 CFR 430.27.
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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 two copies: one copy of the document including
all the information believed to be confidential, and one copy of the
document with the information believed to be confidential deleted. The
Department will make its own determination about the confidential
status of the information and treat it according to its determination.
Docket: For access to the docket to read the background documents
relevant to this matter, 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-
2945, between 9 a.m. and 4 p.m., Monday through Friday, except Federal
holidays. Available documents include the following items: this notice;
public comments received; the Petition for Waiver and Application for
Interim Waiver; prior Department rulemakings regarding commercial
central air conditioners and heat pumps; and the prior MEUS Petition
for Waiver, the Department's notice of the prior MEUS Petition for
Waiver and the subsequent Department Decision and Order. 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 rulemaking materials.
FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S.
Department of Energy, Office of Energy Efficiency and Renewable 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., 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.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
II. Petition for Waiver
III. Application for Interim Waiver
IV. Alternate Test Procedure
V. Summary and Request for Comments
I. Background and Authority
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 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 operating costs, and that are not unduly
burdensome to conduct. (42 U.S.C. 6293(b)(3), 6314(a)(2)).
MEUS's petition requests a waiver from both the residential and
commercial test procedures for its R410A models of its CITY MULTI
Variable Refrigerant Flow Zoning (VRFZ) product line, which are sold
for commercial use. The test procedures for residential products appear
at 10 CFR part 430, subpart B, Appendix M. EPCA provides that the
Secretary of Energy may amend test procedures for consumer products if
the Secretary determines that amended test procedures would more
accurately reflect energy efficiency, energy use or estimated annual
operating costs, and are not unduly burdensome to conduct. (42 U.S.C.
6293(b)(1)(A), and 42 U.S.C. 6293(b)(3)).
For commercial package air conditioning and heating equipment, EPCA
provides that the test procedures shall be those generally accepted
industry testing procedures or rating 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 adopting test procedures for
commercial package air conditioning and heating equipment, effective
December 20, 2004. DOE adopted 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 large
commercial package air conditioning and heating equipment with
capacities >= 135,000 Btu/h and <240,000 Btu/h and small commercial
package air conditioning and heating equipment
[[Page 14860]]
with capacities >=65,000 Btu/h and <135,000 Btu/h. (69 FR 61962,
October 21, 2004) The capacities of MEUS's MULTI CITY VRFZ products
sold for commercial use fall in the ranges covered by both the
commercial standards, ARI Standard 340/360-2000 and the ARI Standard
210/240-2003, and the test procedures for residential products cited
above.
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
waiver provisions for commercial equipment are substantively identical
to those for covered consumer products and are found at 10 CFR 431.401
(formerly, 10 CFR 431.201).
The waiver provisions allow the Assistant Secretary for Energy
Efficiency and Renewable Energy (hereafter ``Assistant Secretary'') to
temporarily waive 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 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 430.27(a)(1), 10 CFR 431.201(a)(1)) The Assistant Secretary may
grant the waiver subject to conditions, including adherence to
alternate test procedures. Petitioners are to include in their petition
any alternate test procedures known to evaluate the basic model in a
manner representative of its energy consumption. (10 CFR
430.27(b)(1)(iii), 10 CFR 431.201(b)(1)(iii)) 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 to grant an
Interim Waiver from test procedure requirements to manufacturers that
have petitioned the Department for a waiver of such prescribed test
procedures. (10 CFR 430.27(a)(2), 10 CFR 431.201(a)(2)) An Interim
Waiver remains in effect for a period of 180 days or until the
Department issues its determination on the Petition for Waiver,
whichever is sooner, and may be extended for an additional 180 days, if
necessary. (10 CFR 430.27(h), 10 CFR 431.201(e)(4)).
II. Petition for Waiver
On November 7, 2005, MEUS filed an Application for Interim Waiver
and a Petition for Waiver from the test procedures applicable to its
residential and commercial package air conditioning and heating
equipment. In particular, MEUS requested a waiver from the residential
test procedures contained in 10 CFR part 430, subpart B, Appendix M,
and a waiver from the commercial test procedures contained in ARI
Standard 210/240-2003 and in ARI Standard 340/360-2000. The Department
previously granted MEUS a waiver from test procedures in 2004 for
similar models which use R22 as a refrigerant. (69 FR 52660, August 27,
2004) Given product adjustments to accommodate the new R410A
refrigerant, MEUS requests a waiver from the test procedures for its
new MULTI CITY models.
MEUS seeks a waiver from the applicable test procedures because,
MEUS asserts, design characteristics of the R410A CITY MULTI VRFZ
systems prevent testing according to the currently prescribed test
procedures. MEUS claims that its R410A models cannot be tested pursuant
to the existing test procedures for the same reasons that its R22
models were previously granted a waiver by the Department. In
particular, the R410A CITY MULTI systems can connect more indoor units
than the test laboratories can physically test at one time. Because of
the inability to test products with so many indoor units, testing
laboratories will not be able to test many of the R410A system
combinations. Furthermore, MEUS asserts that the current test
procedures do not provide direction for determining what combinations
of outdoor and indoor units should be tested in the circumstance where
a multitude of different combinations are possible. Also, the test
procedures provide no mechanism for sampling component combinations. In
addition, MEUS asserts that it is not practical to test all of the
potentially available combinations of indoor and outdoor units, which
numbers in the billions.
MEUS states that the R410A CITY MULTI system is designed to be
flexible, with numerous combinations possible. According to MEUS, each
of the indoor units is designed to be used with up to 18 other indoor
units with the 108,000 Btu/h outdoor units and potentially 31 other
indoor units with the 234,000 Btu/h outdoor units. Also, MEUS offers 58
different indoor models that can be used in the different combinations.
Given the above, MEUS asserts the current test procedures cannot
practically be applied to the CITY MULI VRFZ systems.
In addition, MEUS asserts, the current test procedures evaluate
CITY MULTI VRFZ system products in a manner not representative of their
true energy efficiency. MEUS claims that many benefits of its system
characteristics, including variable refrigerant control and
distribution, zoning diversity, part-load operation and simultaneous
heating and cooling, are not credited under the current test
procedures.
The MEUS petition requests that the Department grant a waiver from
existing test procedures until such time as a representative test
procedure is developed and adopted for this class of products. MEUS did
not include an alternate test procedure in its petition and noted that
it knows of no alternative test procedure that could evaluate its
products in a representative manner. However, MEUS is actively working
with ARI to develop test procedures that accurately reflects the
operation and energy consumption of these types of units.
III. Application for Interim Waiver
MEUS also requested an Interim Waiver to allow it to introduce its
new R410A products in the U.S. market while the Department evaluates
the Petition for Waiver. An Interim Waiver may 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 of the Petition for
Waiver. (10 CFR 431.201(e)(3), 430.27(g)).
MEUS's Application for Interim Waiver does not provide sufficient
information to evaluate what, if any, economic hardship MEU 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 the Department 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 MEUS's new R410A CITY MULTI VRFZ products, it
appears likely that the Petition for Waiver will be granted. The
products currently under consideration, MEUS's new R410A CITY MULTI
VRFZ products, are quite similar to the MEUS products previously
granted a waiver, MEUS's R22 CITY MULTI VRFZ products. (69 FR 52660,
August 27, 2004) The previous MEUS waiver was granted because MEUS's
R22 products cannot be tested according to the prescribed test
procedures, for two reasons: (1) Test laboratories cannot test
[[Page 14861]]
products with so many indoor units (at the time of the ruling, R22 CITY
MULTI VRFZ outdoor systems could connect an outdoor unit with up to
sixteen indoor units); and (2) there are too many possible combinations
of indoor and outdoor units (at the time of the ruling, MEUS offered 58
R22 indoor unit models, allowing for well over 1,000,000 combinations
for each outdoor unit), and it is impractical to test so many
combinations. As discussed above, the new MEUS CITY MULTI VRFZ systems
will likely suffer the same testing problems that prompted the
Department to grant MEUS the waiver for its R22 products. Thus, it is
likely that MEUS's Petition for Waiver will be granted for the new
R410A models.
Therefore, MEUS's Application for an Interim Waiver from the
Department test procedure for its new R410A CITY MULTI VRFZ systems is
granted. Hence, it is ordered that:
The Application for Interim Waiver filed by MEUS is hereby granted
for MEUS's new R410A CITY MULTI VRFZ central air conditioners and
central air conditioning heat pumps. MEUS shall not be required to test
or rate its CITY MULTI VRFZ products listed below on the basis of the
currently applicable test procedures, which are the test procedures
contained in 10 CFR part 430, subpart B, Appendix M, for the PUMY-
P48TGMU-* model, listed last, and ARI 340/360-2000 and ARI 210/240-
2003, for the other listed models:
CITY MULTI Variable Refrigerant Flow Zoning System R-2 Series
Outdoor Equipment:\2\
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\2\ The * denotes engineering differences in the models.
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PURY-P72TGMU-*, 72,000 Btu/h, 208/230-3-60 split-system
variable-speed heat pump
PURY-P96TGMU-*, 96,000 Btu/h, 208/230-3-60 split-system
variable-speed heat pump
PURY-P108TGMU-*, 108,000 Btu/h, 208/230-3-60 split-system
variable-speed heat pump
PURY-P126TGMU-*, 126,000 Btu/h, 208/230-3-60 split-system
variable-speed heat pump
PURY-P144TGMU-*, 144,000 Btu/h, 208/230-3-60 split-system
variable-speed heat pump
PURY-P168TGMU-*, 168,000 Btu/h, 208/230-3-60 split-system
variable-speed heat pump
PURY-P192TGMU-*, 192,000 Btu/h, 208/230-3-60 split-system
variable-speed heat pump
PURY-P204TGMU-*, 204,000 Btu/h, 208/230-3-60 split-system
variable-speed heat pump
PURY-P216TGMU-*, 216,000 Btu/h, 208/230-3-60 split-system
variable-speed heat pump
PURY-P234TGMU-*, 234,000 Btu/h, 208/230-3-60 split-system
variable-speed heat pump
CITY MULTI Variable Refrigerant Flow Zoning System Y-Series Outdoor
Equipment:
PUHY-P72TGMU-*, 72,000 Btu/h, 208/230-3-60 split-system
variable-speed heat pump
PUHY-P96TGMU-*, 96,000 Btu/h, 208/230-3-60 split-system
variable-speed heat pump
PUHY-P108TGMU-*, 108,000 Btu/h, 208/230-3-60 split-system
variable-speed heat pump
PUHY-P126TGMU-*, 126,000 Btu/h, 208/230-3-60 split-system
variable-speed heat pump
PUHY-P144TGMU-*, 144,000 Btu/h, 208/230-3-60 split-system
variable-speed heat pump
PUHY-P168TGMU-*, 168,000 Btu/h, 208/230-3-60 split-system
variable-speed heat pump
PUHY-P192TGMU-*, 192,000 Btu/h, 208/230-3-60 split-system
variable-speed heat pump
PUHY-P204TGMU-*, 204,000 Btu/h, 208/230-3-60 split-system
variable-speed heat pump
PUHY-P216TGMU-*, 216,000 Btu/h, 208/230-3-60 split-system
variable-speed heat pump
PUHY-P234TGMU-*, 234,000 Btu/h, 208/230-3-60 split-system
variable-speed heat pump
CITY MULTI Variable Refrigerant Flow Zoning System Indoor
Equipment:
P*FY models, ranging from 6,000 to 96,000 Btu/h, 208/230-1-60
split-system variable-capacity air conditioner or heat pump.
PCFY Series--Ceiling Suspended--PCFY-P12/18/24/30/36***-*
PDFY Series--Ceiling Concealed Ducted--PDFY-P06/08/12/15/
18/24/30/36/48***-*
PEFY Series--Ceiling Concealed Ducted (Low Profile)--PEFY-
P06/08/12***-*
PEFY Series--Ceiling Concealed Ducted (Alternate High
Static Option)-PEFY-P15/18/24/27/30/36/48/54/72/96***-*
PEFY-F Series--Ceiling Concealed Ducted (100% OA Option)--
PEFY-P30/54/72/96***-*-*
PFFY Series--Floor Standing (Concealed)--PEFY-P06/08/12/
15/18/24***-*
PFFY Series--Floor Standing (Exposed)--PEFY-P06/08/12/15/
18/24***-*
PKFY Series--Wall-Mounted--PKFY-P06/08/12/18/24/30***-*
PLFY Series--4-Way Airflow Ceiling Cassette--PEFY-P12/18/
24/30/36***-*
PMFY Series--1-Way Airflow Ceiling Cassette--PEFY-P06/08/
12/15***-*
CITY MULTI Variable Refrigerant Flow Zoning System S-Series Outdoor
Equipment:
PUMY--P48TGMU-*, 48,000 Btu/h, 208/230-1-60 split-system
variable-speed heat pump.\3\
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\3\ Though Mitsubishi sells the PUMY-P48TGMU-* model as a
commercial product, it is tested according to the residential test
procedures prescribed by DOE, at 10 CFR part 430, subpart B,
Appendix M.
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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 the
Department acts on the Petition for Waiver, whichever is sooner, and
may be extended for an additional 180-day period, if necessary.
IV. Alternate Test Procedure
Manufacturers face restrictions with respect to making
representations about the energy consumption and energy consumption
costs of products covered by EPCA. (42 U.S.C. 6314(d), 42 U.S.C.
6293(c)). Consistent representations are important for manufacturers to
make claims about the energy efficiency of their products. For example,
they are necessary to determine compliance with state and local energy
codes and regulatory requirements, and can provide valuable consumer
purchasing information. To provide a test procedure from which
manufacturers can make valid representations, the Department is
considering setting an alternate test procedure for MEUS in the
subsequent Decision and Order. Furthermore, if DOE specifies an
alternate test procedure for MEUS, DOE is considering applying the
alternate test procedure to similar waivers for residential and
commercial central air conditioners and heat pumps. Such cases include
Samsung's petition for its DVM products (70 FR 9629, February 28,
2005), Fujitsu's petition for its Airstage variable refrigerant flow
(VRF) products (70 FR 5980, February 4, 2005), and MEUS's petition for
its R22 CITY MULTI VRFZ products (69 FR 52660, August 27, 2004).
As noted above, existing testing facilities have a limited ability
to test multiple indoor units at one time, and the number of possible
combination of
[[Page 14862]]
indoor and outdoor units for some variable refrigerant zoning systems
is impractical to test. Subsequent to the waiver that DOE granted for
MEUS's R22 models, ARI developed a committee to discuss the issue and
work on developing an appropriate test protocol for variable
refrigerant zoning systems. However, to date, no additional test
methodologies have been adopted by the committee or put forth to the
Department. Furthermore, the Department is aware that the time required
for drafting and approving such standards may be months or even years.
DOE is considering amending the waiver issued to MEUS on August 27,
2004. DOE has been aware that MEUS has made efficiency representations
for its City Multi products on its Web site for several years. The
efficiency representations are currently listed under the headings
``System Efficiency'' for cooling, and ``System COP'' for heating. DOE
is considering prohibiting the making of efficiency representations for
the products granted a waiver on August 27, 2004, because these
products were granted a waiver for the reason that the products could
not be tested, which implies that representations cannot be made on the
basis of testing.
DOE is considering what energy efficiency representations it will
allow for these products. If DOE grants this waiver, MEUS could sell
products with energy efficiency representations under one of three
methods outlined in (3)(B) below. An alternate test procedure is needed
in order that manufacturers can make representations for their
products. Even though MEUS did not include an alternate test procedure
in their petition, and DOE did not specify one in the previous MEUS
waiver, DOE is considering including in the Decision and Order the
following waiver language:
(1) The ``'Petition for Waiver''' filed by Mitsubishi Electric and
Electronics USA, Inc. (MEUS) is hereby granted as set forth in the
paragraphs below.
(2) MEUS shall be not be required to test or rate the CITY MULTI
Variable Refrigerant Flow Zoning System (VRFZ) products covered in this
waiver on the basis of the currently applicable test procedure, but
shall be required to test and rate its CITY MULTI VRFZ products covered
in this waiver according to the alternate test procedure as set forth
in paragraph (3).
(3) Alternate test procedure. MEUS shall be required to test
according to those test procedures for central air conditioners and
heat pumps prescribed by DOE at 10 CFR parts 430 and 431, except for
the first sentence in 10 CFR 430.24(m)(2), which refers to ``that
combination manufactured by the condensing unit manufacturer likely to
have the highest volume of retail sales.'' Instead of testing the
combinations likely to have the highest volume of retail sales, which
may be difficult to identify, MEUS may test a ``tested combination''
selected in accordance with the provisions of subparagraph (A) of this
section. MEUS may make representations of the MULTI CITY products
covered in this waiver, according to the provisions of subparagraph
(B).
(A) Tested combination. The term ``tested combination'' means a
sample basic model comprised of units that are production units, or are
representative of production units, of the basic model being tested.
For the purposes of this waiver, the tested combination shall have the
following features:
(i) The basic model of a variable refrigerant flow system (``VRF
system'') used as a tested combination shall consist of an outdoor unit
that is matched with between 2 and 5 indoor units.
(ii) The indoor units shall--
(a) Represent the highest sales volume type models;
(b) Together, have a capacity between 95% and 105% of the capacity
of the outdoor unit;
(c) Not, individually, have a capacity greater than 50% of the
capacity of the outdoor unit;
(d) Have a fan speed that is consistent with the manufacturer's
specifications; and
(e) All have the same external static pressure.
(B) Representations. MEUS may make representations about the Energy
Efficiency Rating (``EER'') or Coefficient of Performance (``COP'') of
products covered by this test procedure waiver only to the extent that
such representations are made consistent with the provisions outlined
below:
(i) If MEUS chooses to test retail combinations of its MULTI CITY
VRFZ products, MEUS may make representations about these retail
combinations according to those test procedures for central air
conditioners and heat pumps prescribed at 10 CFR parts 430 and 431.
(ii) In the case where MEUS does not test retail combinations, MEUS
may make representations which are based on the testing results from
the tested combination and which are consistent with any of the three
following methods:
(a) Representation of non-tested combinations according to an
Alternative Rating Method (ARM) approved by DOE and described in 10 CFR
430.24(m).
(b) Representation of non-tested combinations with the
representation given the tested combination.\4\
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\4\ Currently, no alternate rating method exists by which MEUS
can rate its CITY MULTI VRFZ products. Given a waiver from
applicable DOE test procedures and no alternate rating method, MEUS
faces limitations in making representations with its CITY MULTI VRFZ
products. As such, to comply with California state building codes,
the California Energy Commission is requiring the MEUS represent its
CITY MULTI VRFZ products as minimal efficiency commercial package
air conditioner and heat pumps. (G. William Pennington, Manager
Buildings Appliances Office, California Energy Commission, Letter to
William Rau, Senior Vice President, General Manager, Mitsubishi
Electric & Electronics USA, Inc, 16 June 2005) DOE believes that
making a representation according to a tested combination would
permit MEUS to make more accurate representations of its CITY MULTI
VRFZ products.
---------------------------------------------------------------------------
(c) Representation of non-tested combinations at the DOE prescribed
minimum efficiency level for the product class.
Method (a) is already allowed for all central air conditioners. It
is not, at this time, possible for products such as MEUS' multi-splits,
because an ARM has not been developed for this type of product.
Method (b) is a reduction of method (a). In method (a), with an
ARM, the efficiency of non-tested combinations is calculated based on a
tested combination that has the same outdoor unit as the non-tested
combinations. The calculation is based on physical parameters of the
indoor unit such as face area, number of rows, refrigerant circuitry,
etc. In general, the efficiency calculated in this way will be either
higher or lower than the efficiency of the tested combination. However,
no ARM has been developed for these products, so the Department is
proposing to allow MEUS to represent temporarily that all combinations
using a particular outdoor unit have the efficiency of the combination
that has been tested with that outdoor unit. That is equivalent to
characterizing the indoor unit as having no effect on the efficiency.
The Department believes this is reasonable because the outdoor unit is
the principal efficiency driver, and the required test procedure does
not exactly fit these products, but tends to rate them very
conservatively. This is because the products are capable of
simultaneous heating and cooling, which is more efficient than
requiring all zones to be either heated or cooled, and because the test
procedure requires full load testing, which disadvantages these
products, which are optimized for best efficiency when operating with
less than full loads.
[[Page 14863]]
Method (c) allows rating at the minimum standard level without
testing because the Department believes the products' efficiency in
actual use would be at least as great as conventional products with
efficiencies at the minimum standard level, because the required
efficiency descriptor rates the products at full load. The products
have higher efficiency when operating at part-load conditions, and the
products, in fact, normally operate at part-load conditions. Further,
the multi-zoning feature of these products, which enables them to cool
only those portions of the building which require cooling, uses less
energy than if the whole building must be cooled when cooling is
required.
V. Summary and Request for Comments
Today's notice announces a MEUS Petition for Waiver and grants MEUS
an Interim Waiver from the test procedures applicable to MEUS's R410A
MULTI CITY package air conditioner and heat pump units. The Department
is publishing the MEUS Petition for Waiver in its entirety. The
Petition contains no confidential information. Furthermore, today's
notice includes an alternate test procedure that the Department is
considering to include in the subsequent Decision and Order. In this
alternate test procedure, the Department proposes defining a ``tested
combination'' which MEUS could test in lieu of testing all retail
combinations of its VRFZ MULTI CITY products. Furthermore, should a
manufacturer not be able to test all retail combinations, DOE proposes
allowing manufacturers to rate waived products according to an
alternate rating method approved by DOE, to rate waived products as the
same as that for the specified tested combination, or to rate at the
minimum efficiency level without testing.
The Department is also considering amending the waiver previously
issued to MEUS on August 27, 2004, because MEUS is making energy
efficiency representations even though it previously had represented to
the Department that such units could not be tested. Thus, MEUS sold
untested units with energy efficiency ratings that had not been
properly verified.
The Department is interested in receiving comments on all aspects
of this notice. The Department is particularly interested in receiving
comments and views of interested parties concerning the proposed
alternate test procedure and the representations under consideration
for the upcoming Decision and Order for the MEUS Petition, as well as
for other similar air conditioner and heat pump cases. Specifically,
the Department would like to receive comment on the following
questions:
Is it appropriate for MEUS to use the proposed test
procedure for ratings, representations and compliance with state and
local energy codes and regulatory requirements?
What should the Department prescribe for manufacturers in
situations where the defined tested combination is not testable or
practical to test?
Would it be appropriate for DOE to create a separate class
for multi-split, zoned central air conditioner and heat pumps, as an
alternative to prescribing an alternate test procedure or modifying
existing central air conditioner and heat pump test procedures? In this
case, such central air conditioner and heat pump models would not be
subject to an energy standard until an appropriate test procedure is
developed and prescribed.
Should the Department allow energy efficiency
representations for non-tested combinations of these products at the
level of the tested combination?
Should the Department allow energy efficiency
representations for non-tested combinations at the DOE prescribed
minimum efficiency level for the product class?
Is the Department's proposed definition of ``tested
combination'' useful and workable?
Are there possible modifications to any test procedures or
alternative rating methods which the Department could use to fairly
represent the energy efficiency of MEUS R410A CITY MULTI products, as
well as similar multi-split products from other manufacturers?
Any person submitting written comments must also send a copy of
such comments to the petitioner, whose contact information is cited
above.(10 CFR 431.201(d)(2), 10 CFR 430.27(b)(1)(iv)).
Issued in Washington, DC, on March 15, 2006.
Douglas L. Faulkner,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.
BILLING CODE 6450-01-P
[[Page 14864]]
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[FR Doc. 06-2842 Filed 3-23-06; 8:45 am]
BILLING CODE 6450-01-C
