Energy Conservation Program for Consumer Products: Notice of Correction of Petition for Waiver and Interim Waiver of Mitsubishi Electric From the DOE Residential and Commercial Package Air Conditioner and Heat Pump Test Procedures, and Modification of Interim Waiver, 45047-45049 [E6-12851]
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Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Notices
DEPARTMENT OF ENERGY
National Electric Transmission
Congestion Study
Office of Electricity Delivery
and Energy Reliability (OE), Department
of Energy.
ACTION: Notice of Availability of the
National Electric Transmission
Congestion Study and Request for
Comments.
AGENCY:
SUMMARY: The Department of Energy
(the ‘‘Department’’) gives notice that it
has issued a National Electric
Transmission Congestion Study (the
‘‘Congestion Study’’) and is seeking
comments on the study and on the
possible designation of national interest
electric transmission corridors (National
Corridors). The Congestion Study,
including request for comments, is
available at https://www.oe.energy.gov.
DATES: Written comments may be filed
electronically in MS Word and PDF
formats. Comments regarding the
Congestion Study should be e-mailed to
congestionstudy.comments@hq.doe.gov.
Comments regarding the designations
should be e-mailed to
EPACT1221@hq.doe.gov. Comments
should be received no later than 5 p.m.
EDT October 10, 2006. Also, comments
can be filed by mail at the address listed
below.
ADDRESSES: Written comments via mail
should be submitted to: Office of
Electricity Delivery and Energy
Reliability, OE–10, Attention: 1221
Comments, U.S. Department of Energy,
Forrestal Building, Room 6H050, 1000
Independence Avenue, SW.,
Washington, DC 20585.
Note: U.S. Postal Service mail sent to the
Department continues to be delayed by
several weeks due to security screening.
Electronic submission is therefore
encouraged. Copies of written comments
received and other relevant documents and
information may be reviewed at https://
www.oe.energy.gov.
Ms.
Poonum Agrawal, Office Electricity
Delivery and Energy Reliability, OE–10,
U.S. Department of Energy, 1000
Independence Avenue, SW.,
Washington, DC 20585, (202) 586–1411,
poonum.agrawal@hq.doe.gov, or Lot
Cooke, Office of General Counsel, GC–
76, 1000 Independence Avenue, SW.,
Washington, DC 20585, (202) 586–0503,
lot.cooke@hq.doe.gov.
SUPPLEMENTARY INFORMATION: Section
1221(a) of the Energy Policy Act of 2005
directed the Secretary of Energy to
conduct a nationwide study of electric
transmission congestion. The
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FOR FURTHER INFORMATION CONTACT:
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20:06 Aug 07, 2006
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Congestion Study was to be completed
within one year of enactment of the
Energy Policy Act and subsequently
updated every three years. Based upon
the Congestion Study, the Secretary may
designate any geographic area
experiencing electric energy
transmission capacity constraints or
congestion that adversely affects
consumers as a National Corridor.
The first Congestion Study has been
completed and issued by the Secretary
of Energy. The study is available for
review at the website listed above.
Based on the study, the Department
found three classes of congestion areas
that merit further federal attention:
Critical Congestion Areas, Congestion
Areas of Concern, and Conditional
Congestion Areas. These areas are
identified and discussed in Section 5 of
the study. The Department is
considering designating National
Corridors in the areas identified as
Critical Congestion Areas.
The Department is seeking comments
from interested persons on the National
Electric Transmission Congestion Study,
on future steps for identifying and
addressing electric transmission
congestion, and on the possible
designation of National Corridors in
Critical Congestion Areas. Section 6 of
the study details the comments the
Department is seeking.
Issued in Washington, DC on August 2,
2006.
Kevin Kolevar,
Director, Office of Electricity Delivery, and
Energy Reliability.
[FR Doc. E6–12852 Filed 8–7–06; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
[Case No. CAC–012]
Energy Conservation Program for
Consumer Products: Notice of
Correction of Petition for Waiver and
Interim Waiver of Mitsubishi Electric
From the DOE Residential and
Commercial Package Air Conditioner
and Heat Pump Test Procedures, and
Modification of Interim Waiver
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of correction of interim
waiver.
AGENCY:
SUMMARY: Today’s notice corrects five
minor errors in the list of model
numbers for which Mitsubishi Electric &
Electronics USA, Inc. (‘‘MEUS’’)
PO 00000
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Fmt 4703
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45047
requested a waiver and interim waiver
of the test procedures applicable to
residential and commercial package air
conditioners and heat pumps.
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 20585–0121, (202) 586–
9507; e-mail:
Francine.Pinto@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
II. Corrected Petition for Waiver of Test
Procedure and Application for Interim
Waiver
III. Discussion
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.
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)) 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 and
estimated operating costs, and are not
unduly burdensome to conduct. (42
U.S.C. 6293(b))
The Department’s regulations contain
provisions allowing a person to seek a
E:\FR\FM\08AUN1.SGM
08AUN1
jlentini on PROD1PC65 with NOTICES
45048
Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Notices
waiver from the test procedure
requirements for covered consumer
products (10 CFR 430.27). 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))
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))
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)) 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))
On November 7, 2005, MEUS filed an
Application for Interim Waiver and
Petition for Waiver (‘‘Initial Petition’’)
from the test procedures applicable to
its R410A models of the CITY MULTI
Variable Refrigerant Flow Zoning
(‘‘VRFZ’’) line of residential and
commercial package air conditioning
and heating equipment. The applicable
test procedures for residential airconditioning and heating equipment are
found in 10 CFR part 430, subpart B,
Appendix M; EPCA requires DOE to
base its test procedures for similar
commercial equipment on industry test
standards. See 42 U.S.C. 6314(a)(4)(A).
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 Air-Conditioning and Refrigeration
Institute (ARI) Standard 210/240–2003
and in ARI Standard 340/360–2000.
MEUS seeks a waiver from the
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20:06 Aug 07, 2006
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applicable test procedures because,
MEUS asserts, the design characteristics
of the R410A systems prevent testing
according to the currently prescribed
test procedures.
On March 24, 2006, the Department of
Energy (hereafter ‘‘Department’’ or
‘‘DOE’’) published MEUS’s Petition for
Waiver and granted the Application for
Interim Waiver.1 On April 11, 2006,
MEUS submitted a Corrected Petition
for Waiver of Test Procedure and
Application for Interim Waiver
(‘‘Corrected Petition’’) to DOE. The
Corrected Petition noted five minor
errors in the list of model numbers for
which the waiver and the interim
waiver had been requested. MEUS
requested that the interim waiver
granted apply to the corrected list of
model numbers, and that DOE use the
corrected list of model numbers in any
future actions regarding the Petition for
Test Procedure Waiver.
II. Corrected Petition for Waiver of Test
Procedure and Application for Interim
Waiver
In the Corrected Petition, MEUS states
that four of the corrections relate to
typographical errors in the initial filing.
In the list of models provided in
MEUS’s Initial Petition, MEUS
inadvertently listed the PFFY Series
Floor Standing model numbers as
‘‘PEFY’’ instead of ‘‘PFFY,’’ and
inadvertently listed the PLFY and
PMFY series model numbers as ‘‘PEFY
‘‘ instead of ‘‘PLFY’’ and ‘‘PMFY.’’
MEUS requests that on page 4 of the
Initial Petition, four model numbers
should be revised as follows:
• The ‘‘PFFY Series—Floor Standing
(Concealed)—PEFY–P06/08/12/15/18/
24***–*’’ listing should be revised to
read, ‘‘PFFY Series—Floor Standing
(Concealed)—PFFY–P06/08/12/15/18/
24***–*’’;
• The ‘‘PFFY Series—Floor Standing
(Exposed)—PEFY–P06/08/12/15/18/
24***–*’’ listing should be revised to
read, ‘‘PFFY Series—Floor Standing
(Exposed)—PFFY–P06/08/12/15/18/
24***–*’’;
• The ‘‘PLFY Series—4-Way Airflow
Ceiling Cassette—PEFY–P12/18/24/30/
36***–*’’ listing should be revised to
read, ‘‘PLFY Series—4-Way Airflow
Ceiling Cassette—PLFY–P12/18/24/30/
36***–*,’’ and
• The ‘‘PMFY Series—1-Way Airflow
Ceiling Cassette—PEFY–P06/08/12/
1 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 (Case No. CAC–012), 71 Fed.
Reg. 14858 (Mar. 24, 2006) (hereinafter,
Publication).
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
15***–*’’ listing should be revised to
read, ‘‘PMFY Series—1-Way Airflow
Ceiling Cassette—PMFY–P06/08/12/
15***–*.’’
According to MEUS, the fifth
correction reflects an updated model
number designation. At the time MEUS
submitted its Initial Petition, MEUS
anticipated that the model number for
the CITY MULTI Variable Refrigerant
Flow Zoning System S-Series Outdoor
Equipment would be PUMY–
P48TGMU–*. The actual model number
designation for its S-Series products
was, however, PUMY–P48NHMU–*.
MEUS states that this change in
designation does not reflect any
physical or technical changes in the SSeries; the update is purely notational.
Thus, MEUS requests that the model
number for the S-Series on page 4 of the
Initial Petition be changed from
‘‘PUMY–P48TGMU–*, 48,000 Btu/h,
208/230–1–60 split-system variablespeed heat pump’’ to ‘‘PUMY–
P48NHMU–*, 48,000 Btu/h, 208/230–1–
60 split-system variable-speed heat
pump.’’
MEUS asserts that the corrections do
not reflect any physical or technical
changes in the models listed in MEUS’s
Initial Petition. The corrections simply
address four typographical errors and
update a notation in model designation.
Therefore, MEUS requests that the
interim waiver granted on March 24,
2006, should be interpreted to apply to
the models listed in the Corrected
Petition. In addition, MEUS requests
that DOE use the corrected list of model
numbers in any future action on the
Petition for Test Procedure Waiver.
III. Discussion
The Department has reviewed
MEUS’s Initial Petition and its request
to correct five minor errors in the list of
model numbers for which MEUS
requested the waiver and interim
waiver. The requested corrections do
not reflect any physical or technical
changes in the models listed in MEUS’s
Initial Petition. The corrections simply
address four typographical errors and
update a notation in model designation.
Given that the corrections do not
represent a request for coverage of
additional or different products, and do
not change in any way the basis for
granting the interim waiver, DOE finds
that it is appropriate that the interim
waiver granted on March 24, 2006,
apply to the models listed in the
Corrected Petition. DOE thus clarifies
that the March 24, 2006, interim waiver
applies to the models listed in the
Corrected Petition, and DOE will use the
corrected list of model numbers in any
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Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Notices
future action on the pending Petition for
Test Procedure Waiver.
FEDERAL RESERVE SYSTEM
Issued in Washington, DC, on July 31,
2006.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
[FR Doc. E6–12851 Filed 8–7–06; 8:45 am]
Formations of, Acquisitions by, and
Mergers of Bank Holding Companies
BILLING CODE 6450–01–P
FEDERAL RESERVE SYSTEM
Change in Bank Control Notices;
Acquisition of Shares of Bank or Bank
Holding Companies
jlentini on PROD1PC65 with NOTICES
The notificants listed below have
applied under the Change in Bank
Control Act (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire a bank or bank
holding company. The factors that are
considered in acting on the notices are
set forth in paragraph 7 of the Act (12
U.S.C. 1817(j)(7)).
The notices are available for
immediate inspection at the Federal
Reserve Bank indicated. The notices
also will be available for inspection at
the office of the Board of Governors.
Interested persons may express their
views in writing to the Reserve Bank
indicated for that notice or to the offices
of the Board of Governors. Comments
must be received not later than August
23, 2006.
A. Federal Reserve Bank of
Richmond (A. Linwood Gill, III, Vice
President) 701 East Byrd Street,
Richmond, Virginia 23261-4528:
1. Robert Milam, Jr., to individually
retain voting shares of, and Robert
Milam, Jr.; Robert Milam; Melissa
Milam; Jada Milam; Kevin Milam; Lloyd
Jarrell; and other members of the Milam
family, as a group acting in concert, to
retain voting shares of Big Coal River
Bancorp, Inc., Whitesville, West
Virginia, and thereby indirectly retain
voting shares of Whitesville State Bank,
Whitesville, West Virginia.
B. Federal Reserve Bank of Chicago
(Patrick M. Wilder, Assistant Vice
President) 230 South LaSalle Street,
Chicago, Illinois 60690-1414:
1. Ida R. Noll, Springfield, Illinois; to
acquire additional voting shares of
Midland Bancshares, Inc., Kincaid,
Illinois, and thereby indirectly acquire
additional voting shares of Midland
Community Bank, Kincaid, Illinois.
Board of Governors of the Federal Reserve
System, August 3, 2006.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. E6–12874 Filed 8–7–06; 8:45 am]
BILLING CODE 6210–01–S
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20:06 Aug 07, 2006
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The companies listed in this notice
have applied to the Board for approval,
pursuant to the Bank Holding Company
Act of 1956 (12 U.S.C. 1841 et seq.)
(BHC Act), Regulation Y (12 CFR Part
225), and all other applicable statutes
and regulations to become a bank
holding company and/or to acquire the
assets or the ownership of, control of, or
the power to vote shares of a bank or
bank holding company and all of the
banks and nonbanking companies
owned by the bank holding company,
including the companies listed below.
The applications listed below, as well
as other related filings required by the
Board, are available for immediate
inspection at the Federal Reserve Bank
indicated. The application also will be
available for inspection at the offices of
the Board of Governors. Interested
persons may express their views in
writing on the standards enumerated in
the BHC Act (12 U.S.C. 1842(c)). If the
proposal also involves the acquisition of
a nonbanking company, the review also
includes whether the acquisition of the
nonbanking company complies with the
standards in section 4 of the BHC Act
(12 U.S.C. 1843). Unless otherwise
noted, nonbanking activities will be
conducted throughout the United States.
Additional information on all bank
holding companies may be obtained
from the National Information Center
Web site at www.ffiec.gov/nic/.
Unless otherwise noted, comments
regarding each of these applications
must be received at the Reserve Bank
indicated or the offices of the Board of
Governors not later than September 1,
2006.
A. Federal Reserve Bank of St. Louis
(Glenda Wilson, Community Affairs
Officer) 411 Locust Street, St. Louis,
Missouri 63166-2034:
1. Exchange Bancshares, Inc.,
Mayfield, Kentucky; to acquire 100
percent of the voting shares of Purchase
Area Bancorp, Inc., Bardwell, Kentucky,
and thereby indirectly acquire voting
shares of Bardwell Deposit Bank,
Bardwell, Kentucky.
B. Federal Reserve Bank of Dallas
(W. Arthur Tribble, Vice President) 2200
North Pearl Street, Dallas, Texas 752012272:
1. VB Texas, Inc., Houston, Texas; to
become a bank holding company by
acquiring 100 percent of the voting
shares of Community State Bank,
Boling, Texas.
PO 00000
Frm 00056
Fmt 4703
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45049
Board of Governors of the Federal Reserve
System, August 3, 2006.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. E6–12875 Filed 8–7–06; 8:45 am]
BILLING CODE 6210–01–S
FEDERAL RESERVE SYSTEM
Notice of Proposals to Engage in
Permissible Nonbanking Activities or
to Acquire Companies that are
Engaged in Permissible Nonbanking
Activities
The companies listed in this notice
have given notice under section 4 of the
Bank Holding Company Act (12 U.S.C.
1843) (BHC Act) and Regulation Y (12
CFR Part 225) to engage de novo, or to
acquire or control voting securities or
assets of a company, including the
companies listed below, that engages
either directly or through a subsidiary or
other company, in a nonbanking activity
that is listed in § 225.28 of Regulation Y
(12 CFR 225.28) or that the Board has
determined by Order to be closely
related to banking and permissible for
bank holding companies. Unless
otherwise noted, these activities will be
conducted throughout the United States.
Each notice is available for inspection
at the Federal Reserve Bank indicated.
The notice also will be available for
inspection at the offices of the Board of
Governors. Interested persons may
express their views in writing on the
question whether the proposal complies
with the standards of section 4 of the
BHC Act. Additional information on all
bank holding companies may be
obtained from the National Information
Center Web site at www.ffiec.gov/nic/.
Unless otherwise noted, comments
regarding the applications must be
received at the Reserve Bank indicated
or the offices of the Board of Governors
not later than August 23, 2006.
A. Federal Reserve Bank of New
York (Anne McEwen, Financial
Specialist) 33 Liberty Street, New York,
New York 10045-0001:
1. Westpac Banking Corporation,
Sydney, Australia; to engage de novo
through its subsidiary, Hastings Funds
Management (US), Inc., New York, New
York, in providing investment and
financial advice, pursuant to section
225.28(b)(6) of Regulation Y.
B. Federal Reserve Bank of San
Francisco (Tracy Basinger, Director,
Regional and Community Bank Group)
101 Market Street, San Francisco,
California 94105-1579:
1. Belvedere Capital Fund II L.P. and
Belvedere Capital Partners II LLC, both
of San Francisco, California; to acquire
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]]>Agencies
[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Notices]
[Pages 45047-45049]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12851]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Case No. CAC-012]
Energy Conservation Program for Consumer Products: Notice of
Correction of Petition for Waiver and Interim Waiver of Mitsubishi
Electric From the DOE Residential and Commercial Package Air
Conditioner and Heat Pump Test Procedures, and Modification of Interim
Waiver
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of correction of interim waiver.
-----------------------------------------------------------------------
SUMMARY: Today's notice corrects five minor errors in the list of model
numbers for which Mitsubishi Electric & Electronics USA, Inc.
(``MEUS'') requested a waiver and interim waiver of the test procedures
applicable to residential and commercial package air conditioners and
heat pumps.
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
20585-0121, (202) 586-9507; e-mail: Francine.Pinto@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Authority
II. Corrected Petition for Waiver of Test Procedure and Application
for Interim Waiver
III. Discussion
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.
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)) 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 and estimated operating costs, and are
not unduly burdensome to conduct. (42 U.S.C. 6293(b))
The Department's regulations contain provisions allowing a person
to seek a
[[Page 45048]]
waiver from the test procedure requirements for covered consumer
products (10 CFR 430.27). 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)) 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)) 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)) 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))
On November 7, 2005, MEUS filed an Application for Interim Waiver
and Petition for Waiver (``Initial Petition'') from the test procedures
applicable to its R410A models of the CITY MULTI Variable Refrigerant
Flow Zoning (``VRFZ'') line of residential and commercial package air
conditioning and heating equipment. The applicable test procedures for
residential air-conditioning and heating equipment are found in 10 CFR
part 430, subpart B, Appendix M; EPCA requires DOE to base its test
procedures for similar commercial equipment on industry test standards.
See 42 U.S.C. 6314(a)(4)(A). 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 Air-Conditioning and Refrigeration Institute (ARI)
Standard 210/240-2003 and in ARI Standard 340/360-2000. MEUS seeks a
waiver from the applicable test procedures because, MEUS asserts, the
design characteristics of the R410A systems prevent testing according
to the currently prescribed test procedures.
On March 24, 2006, the Department of Energy (hereafter
``Department'' or ``DOE'') published MEUS's Petition for Waiver and
granted the Application for Interim Waiver.\1\ On April 11, 2006, MEUS
submitted a Corrected Petition for Waiver of Test Procedure and
Application for Interim Waiver (``Corrected Petition'') to DOE. The
Corrected Petition noted five minor errors in the list of model numbers
for which the waiver and the interim waiver had been requested. MEUS
requested that the interim waiver granted apply to the corrected list
of model numbers, and that DOE use the corrected list of model numbers
in any future actions regarding the Petition for Test Procedure Waiver.
---------------------------------------------------------------------------
\1\ 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 (Case No. CAC-012), 71 Fed. Reg. 14858 (Mar. 24,
2006) (hereinafter, Publication).
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II. Corrected Petition for Waiver of Test Procedure and Application for
Interim Waiver
In the Corrected Petition, MEUS states that four of the corrections
relate to typographical errors in the initial filing. In the list of
models provided in MEUS's Initial Petition, MEUS inadvertently listed
the PFFY Series Floor Standing model numbers as ``PEFY'' instead of
``PFFY,'' and inadvertently listed the PLFY and PMFY series model
numbers as ``PEFY `` instead of ``PLFY'' and ``PMFY.'' MEUS requests
that on page 4 of the Initial Petition, four model numbers should be
revised as follows:
The ``PFFY Series--Floor Standing (Concealed)--PEFY-P06/
08/12/15/18/24***-*'' listing should be revised to read, ``PFFY
Series--Floor Standing (Concealed)--PFFY-P06/08/12/15/18/24***-*'';
The ``PFFY Series--Floor Standing (Exposed)--PEFY-P06/08/
12/15/18/24***-*'' listing should be revised to read, ``PFFY Series--
Floor Standing (Exposed)--PFFY-P06/08/12/15/18/24***-*'';
The ``PLFY Series--4-Way Airflow Ceiling Cassette--PEFY-
P12/18/24/30/36***-*'' listing should be revised to read, ``PLFY
Series--4-Way Airflow Ceiling Cassette--PLFY-P12/18/24/30/36***-*,''
and
The ``PMFY Series--1-Way Airflow Ceiling Cassette--PEFY-
P06/08/12/15***-*'' listing should be revised to read, ``PMFY Series--
1-Way Airflow Ceiling Cassette--PMFY-P06/08/12/15***-*.''
According to MEUS, the fifth correction reflects an updated model
number designation. At the time MEUS submitted its Initial Petition,
MEUS anticipated that the model number for the CITY MULTI Variable
Refrigerant Flow Zoning System S-Series Outdoor Equipment would be
PUMY-P48TGMU-*. The actual model number designation for its S-Series
products was, however, PUMY-P48NHMU-*. MEUS states that this change in
designation does not reflect any physical or technical changes in the
S-Series; the update is purely notational. Thus, MEUS requests that the
model number for the S-Series on page 4 of the Initial Petition be
changed from ``PUMY-P48TGMU-*, 48,000 Btu/h, 208/230-1-60 split-system
variable-speed heat pump'' to ``PUMY-P48NHMU-*, 48,000 Btu/h, 208/230-
1-60 split-system variable-speed heat pump.''
MEUS asserts that the corrections do not reflect any physical or
technical changes in the models listed in MEUS's Initial Petition. The
corrections simply address four typographical errors and update a
notation in model designation. Therefore, MEUS requests that the
interim waiver granted on March 24, 2006, should be interpreted to
apply to the models listed in the Corrected Petition. In addition, MEUS
requests that DOE use the corrected list of model numbers in any future
action on the Petition for Test Procedure Waiver.
III. Discussion
The Department has reviewed MEUS's Initial Petition and its request
to correct five minor errors in the list of model numbers for which
MEUS requested the waiver and interim waiver. The requested corrections
do not reflect any physical or technical changes in the models listed
in MEUS's Initial Petition. The corrections simply address four
typographical errors and update a notation in model designation. Given
that the corrections do not represent a request for coverage of
additional or different products, and do not change in any way the
basis for granting the interim waiver, DOE finds that it is appropriate
that the interim waiver granted on March 24, 2006, apply to the models
listed in the Corrected Petition. DOE thus clarifies that the March 24,
2006, interim waiver applies to the models listed in the Corrected
Petition, and DOE will use the corrected list of model numbers in any
[[Page 45049]]
future action on the pending Petition for Test Procedure Waiver.
Issued in Washington, DC, on July 31, 2006.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. E6-12851 Filed 8-7-06; 8:45 am]
BILLING CODE 6450-01-P
