Energy Conservation Program for Consumer Products: Decision and Order Granting a Waiver to Samsung Air Conditioning From the Department of Energy Residential and Commercial Package Air Conditioner and Heat Pump Test Procedures [Case No. CAC-009], 71387-71391 [E7-24439]
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Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Notices
testing the combinations likely to have
the highest volume of retail sales,
Fujitsu may test a ‘‘tested combination’’
selected in accordance with the
provisions of subparagraph (B) of this
paragraph. Additionally, instead of
following the provisions of 10 CFR
430(m)(2)(i) and (ii) for every other
system combination using the same
outdoor unit as the tested combination,
Fujitsu shall make representations
concerning the Airstage variable
refrigerant flow multi-split products
covered in this waiver according to the
provisions of subparagraph (C) below.
(ii) Fujitsu shall be required to
comply with 10 CFR part 430, subpart
B, Appendix M as amended by the final
rule published in the Federal Register
on October 22, 2007. 72 FR 59906. The
test procedure changes applicable to
multi-split products are in sections: 2.1,
2.2.3, 2.4.1, 3.2.4 (including Table 6),
3.6.4 (including Table 12), 4.1.4.2, and
4.2.4.2.
(B) 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 used as a tested
combination shall consist of an outdoor
unit that is matched with between two
and five indoor units.
(ii) The indoor units shall:
(a) Represent the highest sales volume
type models;
(b) Together, have a capacity between
95 percent and 105 percent of the
capacity of the outdoor unit;
(c) Not, individually, have a capacity
greater than 50 percent 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.
(C) Representations. In making
representations about the energy
efficiency of its Airstage variable
refrigerant flow multi-split air
conditioner and heat pump products,
for compliance, marketing, or other
purposes, Fujitsu must fairly disclose
the results of testing under the DOE test
procedure, doing so in a manner
consistent with the provisions outlined
below:
(i) For Airstage multi-split
combinations tested in accordance with
this alternate test procedure, Fujitsu
must disclose these test results.
(ii) For Airstage multi-split
combinations that are not tested, Fujitsu
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must make a disclosure based on the
testing results for the tested
combination and which are consistent
with either of the two following
methods, except that only method (a)
may be used, if available:
(a) Representation of non-tested
combinations according to an
alternative rating method approved by
DOE; or
(b) Representation of non-tested
combinations at the same energy
efficiency level as the tested
combination with the same outdoor
unit.
(4) This waiver shall remain in effect
from the date of issuance of this Order
until April 21, 2008, which is the
effective date of a DOE final rule
prescribing an amended test procedure
appropriate to the model series
manufactured by Fujitsu listed above.
This final rule was published on
October 22, 2007 (72 FR 59906).
(5) This waiver is conditioned upon
the presumed validity of statements,
representations, and documentary
materials provided by the petitioner.
This waiver may be revoked or modified
at any time upon a determination that
the factual basis underlying the Petition
for Waiver is incorrect, or DOE
determines that the results from the
alternate test procedure are
unrepresentative of the basic models’
true energy consumption characteristics.
Issued in Washington, DC, on November 4,
2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
[FR Doc. E7–24438 Filed 12–14–07; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
Energy Conservation Program for
Consumer Products: Decision and
Order Granting a Waiver to Samsung
Air Conditioning From the Department
of Energy Residential and Commercial
Package Air Conditioner and Heat
Pump Test Procedures [Case No.
CAC–009]
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Decision and Order.
AGENCY:
SUMMARY: This notice publishes the
Department of Energy’s Decision and
Order in Case No. CAC–009, which
grants a waiver to Samsung Air
Conditioning (Samsung) from the
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71387
existing Department of Energy (DOE)
residential and commercial package air
conditioner and heat pump test
procedures for specified Digital Variable
Multi (DVM) variable refrigerant flow
multi-split products. As a condition of
this waiver, Samsung must test and rate
its DVM multi-split products according
to the alternate test procedure set forth
in this notice.
This Decision and Order is
effective December 17, 2007.
DATES:
Dr.
Michael G. Raymond, U.S. Department
of Energy, Building Technologies
Program, Mailstop EE–2J, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–9611. E-mail:
Michael.Raymond@ee.doe.gov.
Francine Pinto or Eric Stas, U.S.
Department of Energy, Office of General
Counsel, Mail Stop GC–72, 1000
Independence Avenue, SW.,
Washington, DC 20585–0103.
Telephone: (202) 586–9507. E-mail:
Francine.Pinto@hq.doe.gov or
Eric.Stas@hq.doe.gov.
FOR FURTHER INFORMATION CONTACT:
In
accordance with 10 CFR 430.27(l) and
10 CFR 431.401(f)(4), notice is hereby
given of the issuance of the Decision
and Order set forth below. In this
Decision and Order, DOE grants
Samsung a waiver from the applicable
DOE residential and commercial
package air conditioner and heat pump
test procedures 1 for its DVM multi-split
products, subject to a condition
requiring Samsung to test and rate its
DVM multi-split products pursuant to
the alternate test procedure provided in
this notice. Today’s decision requires
that Samsung may not make any
representations concerning the energy
efficiency of these products unless such
product has been tested in accordance
with the DOE test procedure, consistent
with the provisions and restrictions in
the alternate test procedure set forth in
the Decision and Order below, and such
representation fairly discloses the
results of such testing.2 (42 U.S.C.
6293(c))
SUPPLEMENTARY INFORMATION:
1 For residential products, the applicable test
procedure is set forth in 10 CFR part 430, subpart
B, Appendix M. For commercial products, the
applicable test procedure is the Air-Conditioning
and Refrigeration Institute (ARI) Standard 340/360–
2004, ‘‘Performance Rating of Commercial and
Industrial Unitary Air-Conditioning and Heat Pump
Equipment’’ (incorporated by reference at 10 CFR
431.95(b)(2)).
2 Consistent with the statute, distributors,
retailers, and private labelers are held to the same
standard when making representations regarding
the energy efficiency of these products. (42 U.S.C.
6293(c))
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Issued in Washington, DC, on November 4,
2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
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Decision and Order
In the Matter of: Samsung Air
Conditioning (Samsung) (Case No.
CAC–009).
Background
Title III of the Energy Policy and
Conservation Act (EPCA) sets forth a
variety of provisions concerning energy
efficiency, including Part B of Title III
which establishes the ‘‘Energy
Conservation Program for Consumer
Products Other Than Automobiles.’’ (42
U.S.C. 6291–6309) Similar to the
Program in Part B, Part C of Title III
provides for an energy efficiency
program titled, ‘‘Certain Industrial
Equipment,’’ which includes
commercial air conditioning equipment,
package boilers, water heaters, and other
types of commercial equipment. (42
U.S.C. 6311–6317)
Today’s notice involves residential
products under Part B, as well as
commercial equipment under Part C.
Under both parts, the statute specifically
includes 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 (the
Secretary) to prescribe test procedures
that are reasonably designed to produce
results which reflect energy efficiency,
energy use, and estimated annual
operating costs, and that are not unduly
burdensome to conduct. (42 U.S.C.
6293(b)(3), 6314(a)(2))
Relevant to the current Petition for
Waiver, the test procedure for
residential central air conditioning and
heat pump products is set forth in 10
CFR part 430, subpart B, Appendix M.
For commercial package air
conditioning and heating equipment,
EPCA provides that ‘‘the test procedures
shall be those generally accepted
industry testing procedures 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)) Under 42 U.S.C.
6314(a)(4)(B), the statute further directs
the Secretary to amend the test
procedure for a covered commercial
product if the industry test procedure is
amended, unless the Secretary
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determines that such a modified test
procedure does not meet the statutory
criteria set forth in 42 U.S.C. 6314(a)(2)
and (3).
On December 8, 2006, DOE published
a final rule adopting test procedures for
commercial package air conditioning
and heating equipment, effective
January 8, 2007. 71 FR 71340. DOE
adopted ARI Standard 210/240–2003 for
commercial package air conditioning
and heating equipment with capacities
<65,000 British thermal units per hour
(Btu/h) and ARI Standard 340/360–2004
for commercial package air conditioning
and heating equipment with capacities
≥65,000 Btu/h and <240,000 Btu/h. Id.
at 71371. Pursuant to this rulemaking,
DOE’s regulations at 10 CFR
431.95(b)(2) incorporate by reference the
relevant ARI standards, and 10 CFR
431.96 directs manufacturers of
commercial package air-conditioning
and heating equipment to use the
appropriate procedure when measuring
energy efficiency of those products.
(The cooling capacities of Samsung’s
DVM multi-split products fall in the
ranges covered by ARI Standard 340/
360–2004 and the DOE test procedure
for residential products referred to
above.)
In addition, DOE’s regulations contain
provisions allowing a person to seek a
waiver from the test procedure
requirements for covered consumer
products, when the petitioner’s 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 waiver provisions for commercial
equipment are substantively identical to
those for covered consumer products
and are found at 10 CFR 431.401.
Petitioners must 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 431.401(b)(1)(iii).
The Assistant Secretary for Energy
Efficiency and Renewable Energy (the
Assistant Secretary) may grant a waiver
subject to conditions, including
adherence to alternate test procedures.
10 CFR 430.27(l); 10 CFR 431.401(f)(4).
In general, a waiver terminates on the
effective date of a final rule which
prescribes amended test procedures
appropriate to the model series
manufactured by the petitioner, thereby
eliminating any need for the
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continuation of the waiver. 10 CFR
430.27(m); 10 CFR 430.401(g).
The waiver process also allows any
interested person who has submitted a
Petition for Waiver to file an
Application for Interim Waiver of the
applicable test procedure requirements.
10 CFR 430.27(a)(2); 10 CFR
431.401(a)(2). An Interim Waiver
remains in effect for a period of 180
days or until DOE issues its
determination on the Petition for
Waiver, whichever occurs first, and may
be extended by DOE for 180 days, if
necessary. 10 CFR 430.27(h); 10 CFR
431.401(e)(4).
On October 7, 2003, Samsung filed a
Petition for Waiver and an Application
for Interim Waiver from the test
procedures applicable to its DVM line of
residential and commercial multi-split
air conditioning and heating equipment.
Samsung’s petition requested a waiver
from both the residential and
commercial test procedures. The
applicable residential test procedures
are contained in 10 CFR part 430,
subpart B, Appendix M, and the
applicable commercial test procedures
are contained in ARI Standard 340/360–
2004 3 (incorporated by reference at 10
CFR 431.95(b)(2)). Samsung seeks a
waiver from the applicable test
procedures because the design
characteristics of its DVM systems
prevent testing according to the
currently prescribed test procedures.
On February 28, 2005, DOE published
Samsung’s Petition for Waiver and
granted the Application for Interim
Waiver. 70 FR 9630. In a similar and
relevant case, DOE published a Petition
for Waiver from Mitsubishi Electric and
Electronics USA, Inc. (MEUS) for
products very similar to Samsung’s
DVM products. 71 FR 14858 (March 24,
2006). In the March 24, 2006 Federal
Register notice, DOE also published and
requested comment on an alternate test
procedure for the MEUS products at
issue. DOE stated that if it specified an
alternate test procedure for MEUS in the
subsequent Decision and Order, DOE
would consider applying the same
procedure to similar waivers for
residential and commercial central air
conditioners and heat pumps, including
such products for which waivers had
previously been granted. Most of the
comments responded favorably to DOE’s
3 In its petition, Samsung also requested a waiver
from ARI Standard 210/240–2003 (incorporated by
reference at 10 CFR 431.95(b)(1)). However, based
on a review of the products listed by Samsung in
its petition, DOE has determined that none of these
products has the combined features (i.e., threephase power and rated capacity less than 65,000
Btu/h) as would necessitate a waiver from ARI
Standard 210/240–2003.
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proposed alternate test procedure. Also,
there was general agreement that an
alternate test procedure is necessary
while a final test procedure for these
types of products is being developed.
The MEUS Decision and Order,
including the alternate test procedure,
was published in the Federal Register
on April 9, 2007. 72 FR 17528.
DOE received comments on the
Samsung Petition from Carrier
Corporation (Carrier), Daikin U.S.
Corporation, and Fujitsu General. These
comments are discussed below.
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Assertions and Determinations
Samsung’s Petition for Waiver
On October 7, 2003, Samsung
submitted a Petition for Waiver and an
Application for Interim Waiver from the
test procedures applicable to residential
and commercial package airconditioning and heating equipment for
its new DVM multi-split products.
Samsung’s petition presented several
arguments in support of its claim that
the design characteristics of its DVM
multi-split systems prevent testing
according to the currently prescribed
test procedures. Specifically, Samsung
claimed that no other product currently
available for sale in the U.S. offers the
ability of a direct expansion system to
vary its capacity every 20 seconds
between 10 percent and 100 percent of
the building design load, and argued
that no existing test procedure can
provide a method for rating at those
capacity points. Samsung also asserted
that existing test procedures do not
require calculating integrated part-load
values in the heating mode and do not
account for either the benefits of the
DVM system’s zoned cooling or the
inherent benefits of eliminating duct
loss in a ductless system.
Therefore, the Samsung Petition
requested that DOE grant a waiver from
existing test procedures until such time
as a representative test procedure is
developed and adopted for this class of
products. Samsung did not include an
alternate test procedure in its Petition
for Waiver. (However, DOE understands
that Samsung is actively working with
ARI to develop test procedures that
accurately reflect the operation and
energy consumption of these particular
product designs.)
Regardless of their accuracy, DOE
believes that these assertions are
inapposite to the present case for the
reasons that follow. First, for
commercial systems at or above 65,000
Btu/h and less than 135,000 Btu/h,
EPCA mandates use of the full load
energy efficiency ratio (EER) descriptor,
and the relevant energy performance is
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the peak-load efficiency, not the
seasonal energy savings. (42 U.S.C.
6313(a)(1)(C)) A waiver can only be
granted if a test procedure does not
fairly represent the peak-load energy
consumption characteristics, which EER
measures. For Samsung’s residential
models, the seasonal energy efficiency
ratio (SEER) captures some of the
benefits of the DVM multi-split
products’ part-load efficiency.
Nevertheless, there are deficiencies in
the current DOE test methods and
calculation algorithms when applied to
multi-split systems. DOE has previously
acknowledged these limitations in its
current test procedure, and accordingly,
MEUS was granted a waiver on the
following grounds:
1. No existing test procedure provides
a method for testing and rating a system
that utilizes one outdoor unit and
sixteen indoor units.
2. No existing test procedure can
provide a method for rating systems
where the type and capacity of the
indoor unit can be mixed in the same
system. The DVM system can mix
together six different indoor models
with seven different capacities, resulting
in over 1,000 combinations.
Given the present situation, Samsung
can make the same claims regarding its
DVM multi-split products. Therefore,
the bases for Samsung’s Petition for
Waiver involve: (1) The problem of
being physically unable to test most of
the complete systems in a laboratory; (2)
difficulties associated with the
regulatory requirement to test the
highest-sales-volume combination; and
(3) the lack of a method for predicting
the performance of untested
combinations.
Of the three comments on the
Samsung petition, only Carrier
Corporation (Carrier) expressed
opposition. Carrier claimed that
Samsung’s DVM multi-split systems
could be tested using the calorimeter air
enthalpy test method set forth in
ASHRAE Standard 37, ‘‘Methods of
Testing for Rating Unitary AirConditioning and Heat Pump
Equipment.’’ Although DOE believes
that use of this test, as Carrier
recommends, is theoretically possible
and would likely provide more accurate
results in the cooling mode, it is not a
practical solution because existing
calorimeter test rooms are too small to
test Samsung’s DVM multi-split systems
with more than three or four indoor
units. DOE believes that its alternate test
procedure (discussed below) effectively
addresses these objections.
As mentioned above, DOE recently
addressed a situation regarding multisplit products that is relevant to the
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Samsung products at issue here.
Specifically, on March 24, 2006, DOE
published in the Federal Register a
Petition for Waiver from MEUS relating
to its R410A CITY MULTI VRFZ
products, which are very similar to
Samsung’s DVM multi-split products.
71 FR 14858. In that publication, DOE
stated:
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).
71 FR 14858, 14861 (March 24, 2006).
Since that time, DOE has developed
such an alternate test procedure. Thus,
in order to enable Samsung to make
energy efficiency representations for its
specified DVM multi-split products,
DOE has decided to require use of the
alternate test procedure described
below, as a condition of Samsung’s
waiver. This alternate test procedure is
substantially the same as the one that
DOE applied to the MEUS waiver.
DOE’s Alternate Test Procedure
The alternate test procedure has two
basic components. First, it permits
Samsung to designate a ‘‘tested
combination’’ for each model of outdoor
unit. The indoor units designated as
part of the tested combination must
meet specific requirements. For
example, the tested combination must
have from two to five indoor units so
that it can be tested in available test
facilities. The tested combination must
be tested according to the applicable
DOE test procedure, as modified by the
provisions of the alternate test
procedure. Second, having a DOE test
procedure that can be applied to its
product allows Samsung to represent
the energy efficiency of that product,
because any such representation must
fairly disclose the results of such
testing. The DOE test procedure, as
modified by the alternate test procedure
provided in this Decision and Order,
provides for testing of a non-tested
combination in two ways: (1) at an
energy efficiency level determined
under a DOE-approved alternative rating
method; or (2) if the first method is not
available, then at the efficiency level of
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the tested combination utilizing the
same outdoor unit. Until an alternative
rating method is developed, all
combinations with a particular outdoor
unit may use the rating of the
combination tested with that outdoor
unit.
DOE believes that adopting this
alternate test procedure as described
above (thereby allowing Samsung to
make energy efficiency representations
for non-tested combinations) is
reasonable because the outdoor unit is
the principal efficiency driver. The
current test procedures tend to rate
these products conservatively. The
multi-zoning feature of these products,
which enables them to cool only those
portions of the building that require
cooling, would be expected to use less
energy than if the unit is operated to
cool the entire home or a comparatively
larger area of a commercial building in
response to a single thermostat. This
feature would not be captured by the
test procedure, which requires full-load
testing. Under full load, the entire
building would require cooling.
Additionally, the current test procedure
for commercial equipment requires fullload testing, which disadvantages these
products because they are optimized for
best efficiency when operating with less
than full loads. In fact, these products
normally operate at part-load
conditions. Therefore, the alternate test
procedure will provide a conservative
basis for assessing the energy efficiency
for such products.
The alternate test procedure applies to
both residential and commercial multisplit products. However, some
provisions are specific to residential or
commercial products. For example,
section (A) of the alternate test
procedure has different provisions for
residential and commercial products. In
contrast, section (B), which defines the
combinations of indoor and outdoor
units to test, and section (C), which sets
forth the requirements for making
representations, are the same for
residential and commercial products.
Section (A) distinguishes between
residential and commercial products for
two reasons. First, 10 CFR 430.24, used
for residential products, already has
requirements for selecting split-system
combinations based on the highest sales
volume. However, 10 CFR part 431,
which applies to commercial products,
has no comparable requirements.
Therefore, section (A) of the alternate
test procedure modifies the existing
residential and commercial
requirements so that both residential
and commercial products can use the
same definition of a ‘‘tested
combination,’’ which is set forth in
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section (B). Second, section (A) requires
several test procedure revisions to
determine the SEER and heating
seasonal performance factor (HSPF) for
the tested combination of residential
products. No test procedure revisions
are introduced for commercial products,
because EPCA directs DOE to adopt
generally accepted industry test
standards for these commercial products
(unless amendments to those industry
test procedures are determined by clear
and convincing evidence not to meet the
requirements of the statute) (42 U.S.C.
6314(a)(4)). In contrast, for residential
products, DOE develops its own test
procedures, and the changes to the test
procedure for residential products
resulting from this notice relate to: (1)
The requirement that all indoor units
operate during all tests; (2) the
restriction on using only one indoor test
room; (3) the selection of the
modulation levels (maximum,
minimum, and a specified intermediate
speed) used when testing; and (4) the
algorithm for estimating performance
over the intermediate speed operating
range. DOE proposed these changes in
its July 20, 2006 notice of proposed
rulemaking. 71 FR 41320.
For today’s Decision and Order, the
changes made by the final rule
published in the Federal Register on
October 22, 2007 (72 FR 59906) to test
procedure sections 2.1, 2.2.3, 2.4.1, 3.2.4
(including Table 6), 3.6.4 (including
Table 12), 4.1.4.2, and 4.2.4.2 constitute
mandatory elements of the alternate test
procedure. These changes allow indoor
units to cycle off, allow the
manufacturer to specify the compressor
speed used during certain tests, and
introduce a new algorithm for
estimating power consumption.
With regard to the laboratory testing
of both residential and commercial
products, some of the difficulties
associated with the existing test
procedure are avoided by the alternate
test procedure’s requirements for
choosing the indoor units to be used in
the manufacturer-specified tested
combination. For example, in addition
to limiting the number of indoor units,
another requirement is that all of the
indoor units must be subject to meeting
the same minimum external static
pressure. This requirement allows the
test lab to manifold the outlets from
each indoor unit into a common plenum
that supplies air to a single airflow
measuring apparatus. This requirement
eliminates situations in which some of
the indoor units are ducted and some
are non-ducted. Without this
requirement, the laboratory must
evaluate the capacity of a subgroup of
indoor coils separately, and then sum
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the separate capacities to obtain the
overall system capacity. This would
require that the test laboratory be
equipped with multiple airflow
measuring apparatuses (which is
unlikely), or that the test laboratory
connect its one airflow measuring
apparatus to one or more common
indoor units until the contribution of
each indoor unit has been measured.
Furthermore, DOE stated in the notice
publishing the MEUS Petition for
Waiver that if the Department decides to
specify an alternate test procedure for
MEUS, it would consider applying the
procedure to waivers for similar
residential and commercial central air
conditioners and heat pumps produced
by other manufacturers. 71 FR 14858,
14861 (March 24, 2006). Most of the
comments received by DOE in response
to the March 2006 notice favored the
proposed alternate test procedure.
Commenters generally agreed that an
alternate test procedure is appropriate
for an interim period while a final test
procedure for these products is being
developed.
Based on the discussion above, DOE
believes that the testing problems
described above would prevent testing
of Samsung’s DVM basic models
according to the test procedures
currently prescribed in 10 CFR part 430,
Subpart B, Appendix M, and ARI
Standard 340/360–2004. After reviewing
and considering all of the comments
submitted regarding the proposed
alternate test procedure, DOE has
decided to adopt the proposed alternate
test procedure, with the clarifications
discussed above. DOE will also consider
applying the same alternate test
procedure to waivers for similar
residential and commercial central air
conditioners and heat pumps.
Consultations With Other Agencies
DOE consulted with the Federal Trade
Commission (FTC) concerning the
Samsung Petition for Waiver. The FTC
did not have any objections to the
issuance of a waiver to Samsung.
Conclusion
After careful consideration of all the
material that was submitted by
Samsung, the comments received, and
consultation with the FTC, it is ordered
that:
(1) The Petition for Waiver submitted
by Samsung Air Conditioning
(Samsung) (Case No. CAC–009) is
hereby granted as set forth in the
paragraphs below.
(2) Samsung shall not be required to
test or rate its Digital Variable Multi
(DVM) products listed below on the
basis of the currently applicable test
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Federal Register / Vol. 72, No. 241 / Monday, December 17, 2007 / Notices
procedures (contained in 10 CFR part
430, Subpart B, Appendix M, and ARI
Standard 340/360–2004 (incorporated
by reference in 10 CFR 431.95(b)(2)), but
shall be required to test and rate such
products according to the alternate test
procedure as set forth in paragraph (3).
Commercial Systems: Any product
using these outdoor units:
RVMH100FAMOU, RVMC100FAMOU,
RVMC070FAM0U.
ebenthall on PROD1PC69 with NOTICES
For these products, the applicable test
procedure is ARI 340/360–2004, as
amended by the alternate test procedure
as set forth in paragraph (3).
Residential Systems: Any product
using these outdoor units:
RVMH050CBM0U, RVMC050CBM0U.
For these products, the applicable test
procedure is the residential test
procedure contained in 10 CFR part 430,
subpart B, appendix M, as amended by
the alternate test procedure as set forth
in paragraph (3).
DVM indoor units:
AVMKH020CAOU, AVMKC020CAOU,
AVMKH032CAOU,
AVMKC032CA0U, AVMKH040CA0U,
AVMKC040CAOU,
AVMCH052CAOU, AVMCC052CA0U,
AVMCH072CAOU,
AVMCC072CAOU,
AVMCH105CAOU, AVMCC105CA0U,
AVMBH020CAOU, AVMBC020CA0U,
AVMBH032CAOU, AVMBC032CA0U,
AVMBH040CAOU, AVMBC040CA0U,
AVMBH052CAOU, AVMBC052CA0U,
AVMBH072CAOU, AVMBC072CA0U,
AVMHH105CAOU,
AVMHC105CAOU,
AVMHH128CAOU,
AVMHC105CAOU,
AVMDH052CA0U, AVMDC052CA0U,
AVMDH072CA0U, AVMDC072CA0U,
AVMWH020CAOU,
AVMWCH020CAOU,
AVMWH032CAOU,
AVMWC032CAOU,
AVMWH040CAOU,
AVMWC040CAOU,
AVMWH052CAOU,
AVMWC052CAOU,
AVMWH072CAOU,
AVMWC072CAOU.
(3) Alternate test procedure.
(A) Samsung shall be required to test
the products listed in paragraph (2)
above according to the test procedures
for central air conditioners and heat
pumps prescribed by DOE at 10 CFR
parts 430 and 431, except that:
(i) For products covered by 10 CFR
part 430 (consumer products), Samsung
shall not be required to comply with: (1)
The first sentence in 10 CFR
430.24(m)(2), which refers to ‘‘that
combination manufactured by the
VerDate Aug<31>2005
15:28 Dec 14, 2007
Jkt 214001
condensing unit manufacturer likely to
have the largest volume of retail sales;’’
and (2) the third sentence in 10 CFR
430.24(m)(2), including the provisions
of 10 CFR 430.24(m)(2)(i) and (ii).
Instead of testing the combinations
likely to have the highest volume of
retail sales, Samsung may test a ‘‘tested
combination’’ selected in accordance
with the provisions of subparagraph (B)
of this paragraph. Additionally, instead
of following the provisions of 10 CFR
430.24(m)(2)(i) and (ii) for every other
system combination using the same
outdoor unit as the tested combination,
Samsung shall make representations
concerning the DVM multi-split
products covered in this waiver
according to the provisions of
subparagraph (C) below.
(ii) For products covered by 10 CFR
part 430 (consumer products), Samsung
shall be required to comply with 10 CFR
430, subpart B, appendix M as amended
by the final rule published in the
Federal Register on October 22, 2007.
72 FR 59906. The test procedure
changes applicable to multi-split
products are in sections: 2.1, 2.2.3,
2.4.1, 3.2.4 (including Table 6), 3.6.4
(including Table 12), 4.1.4.2, and
4.2.4.2.
(iii) For products covered by 10 CFR
part 431 (commercial products),
Samsung shall test a ‘‘tested
combination’’ selected in accordance
with the provisions of subparagraph (B)
of this paragraph. For every other
system combination using the same
outdoor unit as the tested combination,
Samsung shall make representations
concerning the DVM multi-split
products covered in this waiver
according to the provisions of
subparagraph (C) below.
(B) 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 used as a tested
combination shall consist of an outdoor
unit that is matched with between two
and five indoor units.
(ii) The indoor units shall:
(a) Represent the highest sales volume
type models;
(b) Together, have a capacity between
95 percent and 105 percent of the
capacity of the outdoor unit;
(c) Not, individually, have a capacity
greater than 50 percent of the capacity
of the outdoor unit;
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
71391
(d) Have a fan speed that is consistent
with the manufacturer’s specifications;
and
(e) All have the same external static
pressure.
(C) Representations. In making
representations about the energy
efficiency of its DVM multi-split
products, for compliance, marketing, or
other purposes, Samsung must fairly
disclose the results of testing under the
DOE test procedure, doing so in a
manner consistent with the provisions
outlined below:
(i) For DVM combinations tested in
accordance with this alternate test
procedure, Samsung must disclose these
test results.
(ii) For DVM combinations that are
not tested, Samsung must make a
disclosure based on the testing results
for the tested combination and which
are consistent with either of the two
following methods, except that only
method (a) may be used, if available:
(a) Representation of non-tested
combinations according to an
Alternative Rating Method (ARM)
approved by DOE; or
(b) Representation of non-tested
combinations at the same energy
efficiency level as the tested
combination with the same outdoor
unit.
(4) This waiver shall remain in effect
from the date of issuance of this Order
until the effective date of a DOE final
rule prescribing amended test
procedures appropriate to the model
series manufactured by Samsung listed
above. This expiration date is April 21,
2008 for the Samsung residential
products only, for which such DOE final
rule was published on October 22, 2007
(72 FR 59906).
(5) This waiver is conditioned upon
the presumed validity of statements,
representations, and documentary
materials provided by the petitioner.
This waiver may be revoked or modified
at any time upon a determination that
the factual basis underlying the petition
is incorrect, or DOE determines that the
results from the alternate test procedure
are unrepresentative of the basic
models’ true energy consumption
characteristics.
Issued in Washington, DC, on November 4,
2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
[FR Doc. E7–24439 Filed 12–14–07; 8:45 am]
BILLING CODE 6450–01–P
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]]>Agencies
[Federal Register Volume 72, Number 241 (Monday, December 17, 2007)]
[Notices]
[Pages 71387-71391]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24439]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
Energy Conservation Program for Consumer Products: Decision and
Order Granting a Waiver to Samsung Air Conditioning From the Department
of Energy Residential and Commercial Package Air Conditioner and Heat
Pump Test Procedures [Case No. CAC-009]
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Decision and Order.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Department of Energy's Decision and
Order in Case No. CAC-009, which grants a waiver to Samsung Air
Conditioning (Samsung) from the existing Department of Energy (DOE)
residential and commercial package air conditioner and heat pump test
procedures for specified Digital Variable Multi (DVM) variable
refrigerant flow multi-split products. As a condition of this waiver,
Samsung must test and rate its DVM multi-split products according to
the alternate test procedure set forth in this notice.
DATES: This Decision and Order is effective December 17, 2007.
FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S.
Department of Energy, Building Technologies Program, Mailstop EE-2J,
1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:
(202) 586-9611. E-mail: Michael.Raymond@ee.doe.gov.
Francine Pinto or Eric Stas, U.S. Department of Energy, Office of
General Counsel, Mail Stop GC-72, 1000 Independence Avenue, SW.,
Washington, DC 20585-0103. Telephone: (202) 586-9507. E-mail:
Francine.Pinto@hq.doe.gov or Eric.Stas@hq.doe.gov.
SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27(l) and 10
CFR 431.401(f)(4), notice is hereby given of the issuance of the
Decision and Order set forth below. In this Decision and Order, DOE
grants Samsung a waiver from the applicable DOE residential and
commercial package air conditioner and heat pump test procedures \1\
for its DVM multi-split products, subject to a condition requiring
Samsung to test and rate its DVM multi-split products pursuant to the
alternate test procedure provided in this notice. Today's decision
requires that Samsung may not make any representations concerning the
energy efficiency of these products unless such product has been tested
in accordance with the DOE test procedure, consistent with the
provisions and restrictions in the alternate test procedure set forth
in the Decision and Order below, and such representation fairly
discloses the results of such testing.\2\ (42 U.S.C. 6293(c))
---------------------------------------------------------------------------
\1\ For residential products, the applicable test procedure is
set forth in 10 CFR part 430, subpart B, Appendix M. For commercial
products, the applicable test procedure is the Air-Conditioning and
Refrigeration Institute (ARI) Standard 340/360-2004, ``Performance
Rating of Commercial and Industrial Unitary Air-Conditioning and
Heat Pump Equipment'' (incorporated by reference at 10 CFR
431.95(b)(2)).
\2\ Consistent with the statute, distributors, retailers, and
private labelers are held to the same standard when making
representations regarding the energy efficiency of these products.
(42 U.S.C. 6293(c))
[[Page 71388]]
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Issued in Washington, DC, on November 4, 2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
Decision and Order
In the Matter of: Samsung Air Conditioning (Samsung) (Case No. CAC-
009).
Background
Title III of the Energy Policy and Conservation Act (EPCA) sets
forth a variety of provisions concerning energy efficiency, including
Part B of Title III which establishes the ``Energy Conservation Program
for Consumer Products Other Than Automobiles.'' (42 U.S.C. 6291-6309)
Similar to the Program in Part B, Part C of Title III provides for an
energy efficiency program titled, ``Certain Industrial Equipment,''
which includes commercial air conditioning equipment, package boilers,
water heaters, and other types of commercial equipment. (42 U.S.C.
6311-6317)
Today's notice involves residential products under Part B, as well
as commercial equipment under Part C. Under both parts, the statute
specifically includes 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 (the
Secretary) to prescribe test procedures that are reasonably designed to
produce results which reflect energy efficiency, energy use, and
estimated annual operating costs, and that are not unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3), 6314(a)(2))
Relevant to the current Petition for Waiver, the test procedure for
residential central air conditioning and heat pump products is set
forth in 10 CFR part 430, subpart B, Appendix M. For commercial package
air conditioning and heating equipment, EPCA provides that ``the test
procedures shall be those generally accepted industry testing
procedures 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)) Under 42 U.S.C.
6314(a)(4)(B), the statute further directs the Secretary to amend the
test procedure for a covered commercial product if the industry test
procedure is amended, unless the Secretary determines that such a
modified test procedure does not meet the statutory criteria set forth
in 42 U.S.C. 6314(a)(2) and (3).
On December 8, 2006, DOE published a final rule adopting test
procedures for commercial package air conditioning and heating
equipment, effective January 8, 2007. 71 FR 71340. DOE adopted ARI
Standard 210/240-2003 for commercial package air conditioning and
heating equipment with capacities <65,000 British thermal units per
hour (Btu/h) and ARI Standard 340/360-2004 for commercial package air
conditioning and heating equipment with capacities >=65,000 Btu/h and
<240,000 Btu/h. Id. at 71371. Pursuant to this rulemaking, DOE's
regulations at 10 CFR 431.95(b)(2) incorporate by reference the
relevant ARI standards, and 10 CFR 431.96 directs manufacturers of
commercial package air-conditioning and heating equipment to use the
appropriate procedure when measuring energy efficiency of those
products. (The cooling capacities of Samsung's DVM multi-split products
fall in the ranges covered by ARI Standard 340/360-2004 and the DOE
test procedure for residential products referred to above.)
In addition, DOE's regulations contain provisions allowing a person
to seek a waiver from the test procedure requirements for covered
consumer products, when the petitioner's 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 waiver provisions for commercial
equipment are substantively identical to those for covered consumer
products and are found at 10 CFR 431.401. Petitioners must 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 431.401(b)(1)(iii).
The Assistant Secretary for Energy Efficiency and Renewable Energy
(the Assistant Secretary) may grant a waiver subject to conditions,
including adherence to alternate test procedures. 10 CFR 430.27(l); 10
CFR 431.401(f)(4). In general, a waiver terminates on the effective
date of a final rule which prescribes amended test procedures
appropriate to the model series manufactured by the petitioner, thereby
eliminating any need for the continuation of the waiver. 10 CFR
430.27(m); 10 CFR 430.401(g).
The waiver process also allows any interested person who has
submitted a Petition for Waiver to file an Application for Interim
Waiver of the applicable test procedure requirements. 10 CFR
430.27(a)(2); 10 CFR 431.401(a)(2). An Interim Waiver remains in effect
for a period of 180 days or until DOE issues its determination on the
Petition for Waiver, whichever occurs first, and may be extended by DOE
for 180 days, if necessary. 10 CFR 430.27(h); 10 CFR 431.401(e)(4).
On October 7, 2003, Samsung filed a Petition for Waiver and an
Application for Interim Waiver from the test procedures applicable to
its DVM line of residential and commercial multi-split air conditioning
and heating equipment. Samsung's petition requested a waiver from both
the residential and commercial test procedures. The applicable
residential test procedures are contained in 10 CFR part 430, subpart
B, Appendix M, and the applicable commercial test procedures are
contained in ARI Standard 340/360-2004 \3\ (incorporated by reference
at 10 CFR 431.95(b)(2)). Samsung seeks a waiver from the applicable
test procedures because the design characteristics of its DVM systems
prevent testing according to the currently prescribed test procedures.
---------------------------------------------------------------------------
\3\ In its petition, Samsung also requested a waiver from ARI
Standard 210/240-2003 (incorporated by reference at 10 CFR
431.95(b)(1)). However, based on a review of the products listed by
Samsung in its petition, DOE has determined that none of these
products has the combined features (i.e., three-phase power and
rated capacity less than 65,000 Btu/h) as would necessitate a waiver
from ARI Standard 210/240-2003.
---------------------------------------------------------------------------
On February 28, 2005, DOE published Samsung's Petition for Waiver
and granted the Application for Interim Waiver. 70 FR 9630. In a
similar and relevant case, DOE published a Petition for Waiver from
Mitsubishi Electric and Electronics USA, Inc. (MEUS) for products very
similar to Samsung's DVM products. 71 FR 14858 (March 24, 2006). In the
March 24, 2006 Federal Register notice, DOE also published and
requested comment on an alternate test procedure for the MEUS products
at issue. DOE stated that if it specified an alternate test procedure
for MEUS in the subsequent Decision and Order, DOE would consider
applying the same procedure to similar waivers for residential and
commercial central air conditioners and heat pumps, including such
products for which waivers had previously been granted. Most of the
comments responded favorably to DOE's
[[Page 71389]]
proposed alternate test procedure. Also, there was general agreement
that an alternate test procedure is necessary while a final test
procedure for these types of products is being developed. The MEUS
Decision and Order, including the alternate test procedure, was
published in the Federal Register on April 9, 2007. 72 FR 17528.
DOE received comments on the Samsung Petition from Carrier
Corporation (Carrier), Daikin U.S. Corporation, and Fujitsu General.
These comments are discussed below.
Assertions and Determinations
Samsung's Petition for Waiver
On October 7, 2003, Samsung submitted a Petition for Waiver and an
Application for Interim Waiver from the test procedures applicable to
residential and commercial package air-conditioning and heating
equipment for its new DVM multi-split products. Samsung's petition
presented several arguments in support of its claim that the design
characteristics of its DVM multi-split systems prevent testing
according to the currently prescribed test procedures. Specifically,
Samsung claimed that no other product currently available for sale in
the U.S. offers the ability of a direct expansion system to vary its
capacity every 20 seconds between 10 percent and 100 percent of the
building design load, and argued that no existing test procedure can
provide a method for rating at those capacity points. Samsung also
asserted that existing test procedures do not require calculating
integrated part-load values in the heating mode and do not account for
either the benefits of the DVM system's zoned cooling or the inherent
benefits of eliminating duct loss in a ductless system.
Therefore, the Samsung Petition requested that DOE grant a waiver
from existing test procedures until such time as a representative test
procedure is developed and adopted for this class of products. Samsung
did not include an alternate test procedure in its Petition for Waiver.
(However, DOE understands that Samsung is actively working with ARI to
develop test procedures that accurately reflect the operation and
energy consumption of these particular product designs.)
Regardless of their accuracy, DOE believes that these assertions
are inapposite to the present case for the reasons that follow. First,
for commercial systems at or above 65,000 Btu/h and less than 135,000
Btu/h, EPCA mandates use of the full load energy efficiency ratio (EER)
descriptor, and the relevant energy performance is the peak-load
efficiency, not the seasonal energy savings. (42 U.S.C. 6313(a)(1)(C))
A waiver can only be granted if a test procedure does not fairly
represent the peak-load energy consumption characteristics, which EER
measures. For Samsung's residential models, the seasonal energy
efficiency ratio (SEER) captures some of the benefits of the DVM multi-
split products' part-load efficiency. Nevertheless, there are
deficiencies in the current DOE test methods and calculation algorithms
when applied to multi-split systems. DOE has previously acknowledged
these limitations in its current test procedure, and accordingly, MEUS
was granted a waiver on the following grounds:
1. No existing test procedure provides a method for testing and
rating a system that utilizes one outdoor unit and sixteen indoor
units.
2. No existing test procedure can provide a method for rating
systems where the type and capacity of the indoor unit can be mixed in
the same system. The DVM system can mix together six different indoor
models with seven different capacities, resulting in over 1,000
combinations.
Given the present situation, Samsung can make the same claims
regarding its DVM multi-split products. Therefore, the bases for
Samsung's Petition for Waiver involve: (1) The problem of being
physically unable to test most of the complete systems in a laboratory;
(2) difficulties associated with the regulatory requirement to test the
highest-sales-volume combination; and (3) the lack of a method for
predicting the performance of untested combinations.
Of the three comments on the Samsung petition, only Carrier
Corporation (Carrier) expressed opposition. Carrier claimed that
Samsung's DVM multi-split systems could be tested using the calorimeter
air enthalpy test method set forth in ASHRAE Standard 37, ``Methods of
Testing for Rating Unitary Air-Conditioning and Heat Pump Equipment.''
Although DOE believes that use of this test, as Carrier recommends, is
theoretically possible and would likely provide more accurate results
in the cooling mode, it is not a practical solution because existing
calorimeter test rooms are too small to test Samsung's DVM multi-split
systems with more than three or four indoor units. DOE believes that
its alternate test procedure (discussed below) effectively addresses
these objections.
As mentioned above, DOE recently addressed a situation regarding
multi-split products that is relevant to the Samsung products at issue
here. Specifically, on March 24, 2006, DOE published in the Federal
Register a Petition for Waiver from MEUS relating to its R410A CITY
MULTI VRFZ products, which are very similar to Samsung's DVM multi-
split products. 71 FR 14858. In that publication, DOE stated:
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).
71 FR 14858, 14861 (March 24, 2006).
Since that time, DOE has developed such an alternate test
procedure. Thus, in order to enable Samsung to make energy efficiency
representations for its specified DVM multi-split products, DOE has
decided to require use of the alternate test procedure described below,
as a condition of Samsung's waiver. This alternate test procedure is
substantially the same as the one that DOE applied to the MEUS waiver.
DOE's Alternate Test Procedure
The alternate test procedure has two basic components. First, it
permits Samsung to designate a ``tested combination'' for each model of
outdoor unit. The indoor units designated as part of the tested
combination must meet specific requirements. For example, the tested
combination must have from two to five indoor units so that it can be
tested in available test facilities. The tested combination must be
tested according to the applicable DOE test procedure, as modified by
the provisions of the alternate test procedure. Second, having a DOE
test procedure that can be applied to its product allows Samsung to
represent the energy efficiency of that product, because any such
representation must fairly disclose the results of such testing. The
DOE test procedure, as modified by the alternate test procedure
provided in this Decision and Order, provides for testing of a non-
tested combination in two ways: (1) at an energy efficiency level
determined under a DOE-approved alternative rating method; or (2) if
the first method is not available, then at the efficiency level of
[[Page 71390]]
the tested combination utilizing the same outdoor unit. Until an
alternative rating method is developed, all combinations with a
particular outdoor unit may use the rating of the combination tested
with that outdoor unit.
DOE believes that adopting this alternate test procedure as
described above (thereby allowing Samsung to make energy efficiency
representations for non-tested combinations) is reasonable because the
outdoor unit is the principal efficiency driver. The current test
procedures tend to rate these products conservatively. The multi-zoning
feature of these products, which enables them to cool only those
portions of the building that require cooling, would be expected to use
less energy than if the unit is operated to cool the entire home or a
comparatively larger area of a commercial building in response to a
single thermostat. This feature would not be captured by the test
procedure, which requires full-load testing. Under full load, the
entire building would require cooling. Additionally, the current test
procedure for commercial equipment requires full-load testing, which
disadvantages these products because they are optimized for best
efficiency when operating with less than full loads. In fact, these
products normally operate at part-load conditions. Therefore, the
alternate test procedure will provide a conservative basis for
assessing the energy efficiency for such products.
The alternate test procedure applies to both residential and
commercial multi-split products. However, some provisions are specific
to residential or commercial products. For example, section (A) of the
alternate test procedure has different provisions for residential and
commercial products. In contrast, section (B), which defines the
combinations of indoor and outdoor units to test, and section (C),
which sets forth the requirements for making representations, are the
same for residential and commercial products.
Section (A) distinguishes between residential and commercial
products for two reasons. First, 10 CFR 430.24, used for residential
products, already has requirements for selecting split-system
combinations based on the highest sales volume. However, 10 CFR part
431, which applies to commercial products, has no comparable
requirements. Therefore, section (A) of the alternate test procedure
modifies the existing residential and commercial requirements so that
both residential and commercial products can use the same definition of
a ``tested combination,'' which is set forth in section (B). Second,
section (A) requires several test procedure revisions to determine the
SEER and heating seasonal performance factor (HSPF) for the tested
combination of residential products. No test procedure revisions are
introduced for commercial products, because EPCA directs DOE to adopt
generally accepted industry test standards for these commercial
products (unless amendments to those industry test procedures are
determined by clear and convincing evidence not to meet the
requirements of the statute) (42 U.S.C. 6314(a)(4)). In contrast, for
residential products, DOE develops its own test procedures, and the
changes to the test procedure for residential products resulting from
this notice relate to: (1) The requirement that all indoor units
operate during all tests; (2) the restriction on using only one indoor
test room; (3) the selection of the modulation levels (maximum,
minimum, and a specified intermediate speed) used when testing; and (4)
the algorithm for estimating performance over the intermediate speed
operating range. DOE proposed these changes in its July 20, 2006 notice
of proposed rulemaking. 71 FR 41320.
For today's Decision and Order, the changes made by the final rule
published in the Federal Register on October 22, 2007 (72 FR 59906) to
test procedure sections 2.1, 2.2.3, 2.4.1, 3.2.4 (including Table 6),
3.6.4 (including Table 12), 4.1.4.2, and 4.2.4.2 constitute mandatory
elements of the alternate test procedure. These changes allow indoor
units to cycle off, allow the manufacturer to specify the compressor
speed used during certain tests, and introduce a new algorithm for
estimating power consumption.
With regard to the laboratory testing of both residential and
commercial products, some of the difficulties associated with the
existing test procedure are avoided by the alternate test procedure's
requirements for choosing the indoor units to be used in the
manufacturer-specified tested combination. For example, in addition to
limiting the number of indoor units, another requirement is that all of
the indoor units must be subject to meeting the same minimum external
static pressure. This requirement allows the test lab to manifold the
outlets from each indoor unit into a common plenum that supplies air to
a single airflow measuring apparatus. This requirement eliminates
situations in which some of the indoor units are ducted and some are
non-ducted. Without this requirement, the laboratory must evaluate the
capacity of a subgroup of indoor coils separately, and then sum the
separate capacities to obtain the overall system capacity. This would
require that the test laboratory be equipped with multiple airflow
measuring apparatuses (which is unlikely), or that the test laboratory
connect its one airflow measuring apparatus to one or more common
indoor units until the contribution of each indoor unit has been
measured.
Furthermore, DOE stated in the notice publishing the MEUS Petition
for Waiver that if the Department decides to specify an alternate test
procedure for MEUS, it would consider applying the procedure to waivers
for similar residential and commercial central air conditioners and
heat pumps produced by other manufacturers. 71 FR 14858, 14861 (March
24, 2006). Most of the comments received by DOE in response to the
March 2006 notice favored the proposed alternate test procedure.
Commenters generally agreed that an alternate test procedure is
appropriate for an interim period while a final test procedure for
these products is being developed.
Based on the discussion above, DOE believes that the testing
problems described above would prevent testing of Samsung's DVM basic
models according to the test procedures currently prescribed in 10 CFR
part 430, Subpart B, Appendix M, and ARI Standard 340/360-2004. After
reviewing and considering all of the comments submitted regarding the
proposed alternate test procedure, DOE has decided to adopt the
proposed alternate test procedure, with the clarifications discussed
above. DOE will also consider applying the same alternate test
procedure to waivers for similar residential and commercial central air
conditioners and heat pumps.
Consultations With Other Agencies
DOE consulted with the Federal Trade Commission (FTC) concerning
the Samsung Petition for Waiver. The FTC did not have any objections to
the issuance of a waiver to Samsung.
Conclusion
After careful consideration of all the material that was submitted
by Samsung, the comments received, and consultation with the FTC, it is
ordered that:
(1) The Petition for Waiver submitted by Samsung Air Conditioning
(Samsung) (Case No. CAC-009) is hereby granted as set forth in the
paragraphs below.
(2) Samsung shall not be required to test or rate its Digital
Variable Multi (DVM) products listed below on the basis of the
currently applicable test
[[Page 71391]]
procedures (contained in 10 CFR part 430, Subpart B, Appendix M, and
ARI Standard 340/360-2004 (incorporated by reference in 10 CFR
431.95(b)(2)), but shall be required to test and rate such products
according to the alternate test procedure as set forth in paragraph
(3).
Commercial Systems: Any product using these outdoor units:
RVMH100FAMOU, RVMC100FAMOU, RVMC070FAM0U.
For these products, the applicable test procedure is ARI 340/360-
2004, as amended by the alternate test procedure as set forth in
paragraph (3).
Residential Systems: Any product using these outdoor units:
RVMH050CBM0U, RVMC050CBM0U.
For these products, the applicable test procedure is the
residential test procedure contained in 10 CFR part 430, subpart B,
appendix M, as amended by the alternate test procedure as set forth in
paragraph (3).
DVM indoor units:
AVMKH020CAOU, AVMKC020CAOU, AVMKH032CAOU, AVMKC032CA0U, AVMKH040CA0U,
AVMKC040CAOU, AVMCH052CAOU, AVMCC052CA0U, AVMCH072CAOU, AVMCC072CAOU,
AVMCH105CAOU, AVMCC105CA0U, AVMBH020CAOU, AVMBC020CA0U, AVMBH032CAOU,
AVMBC032CA0U, AVMBH040CAOU, AVMBC040CA0U, AVMBH052CAOU, AVMBC052CA0U,
AVMBH072CAOU, AVMBC072CA0U, AVMHH105CAOU, AVMHC105CAOU, AVMHH128CAOU,
AVMHC105CAOU, AVMDH052CA0U, AVMDC052CA0U, AVMDH072CA0U, AVMDC072CA0U,
AVMWH020CAOU, AVMWCH020CAOU, AVMWH032CAOU, AVMWC032CAOU, AVMWH040CAOU,
AVMWC040CAOU, AVMWH052CAOU, AVMWC052CAOU, AVMWH072CAOU, AVMWC072CAOU.
(3) Alternate test procedure.
(A) Samsung shall be required to test the products listed in
paragraph (2) above according to the test procedures for central air
conditioners and heat pumps prescribed by DOE at 10 CFR parts 430 and
431, except that:
(i) For products covered by 10 CFR part 430 (consumer products),
Samsung shall not be required to comply with: (1) 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 largest volume of
retail sales;'' and (2) the third sentence in 10 CFR 430.24(m)(2),
including the provisions of 10 CFR 430.24(m)(2)(i) and (ii). Instead of
testing the combinations likely to have the highest volume of retail
sales, Samsung may test a ``tested combination'' selected in accordance
with the provisions of subparagraph (B) of this paragraph.
Additionally, instead of following the provisions of 10 CFR
430.24(m)(2)(i) and (ii) for every other system combination using the
same outdoor unit as the tested combination, Samsung shall make
representations concerning the DVM multi-split products covered in this
waiver according to the provisions of subparagraph (C) below.
(ii) For products covered by 10 CFR part 430 (consumer products),
Samsung shall be required to comply with 10 CFR 430, subpart B,
appendix M as amended by the final rule published in the Federal
Register on October 22, 2007. 72 FR 59906. The test procedure changes
applicable to multi-split products are in sections: 2.1, 2.2.3, 2.4.1,
3.2.4 (including Table 6), 3.6.4 (including Table 12), 4.1.4.2, and
4.2.4.2.
(iii) For products covered by 10 CFR part 431 (commercial
products), Samsung shall test a ``tested combination'' selected in
accordance with the provisions of subparagraph (B) of this paragraph.
For every other system combination using the same outdoor unit as the
tested combination, Samsung shall make representations concerning the
DVM multi-split products covered in this waiver according to the
provisions of subparagraph (C) below.
(B) 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 used as a
tested combination shall consist of an outdoor unit that is matched
with between two and five indoor units.
(ii) The indoor units shall:
(a) Represent the highest sales volume type models;
(b) Together, have a capacity between 95 percent and 105 percent of
the capacity of the outdoor unit;
(c) Not, individually, have a capacity greater than 50 percent 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.
(C) Representations. In making representations about the energy
efficiency of its DVM multi-split products, for compliance, marketing,
or other purposes, Samsung must fairly disclose the results of testing
under the DOE test procedure, doing so in a manner consistent with the
provisions outlined below:
(i) For DVM combinations tested in accordance with this alternate
test procedure, Samsung must disclose these test results.
(ii) For DVM combinations that are not tested, Samsung must make a
disclosure based on the testing results for the tested combination and
which are consistent with either of the two following methods, except
that only method (a) may be used, if available:
(a) Representation of non-tested combinations according to an
Alternative Rating Method (ARM) approved by DOE; or
(b) Representation of non-tested combinations at the same energy
efficiency level as the tested combination with the same outdoor unit.
(4) This waiver shall remain in effect from the date of issuance of
this Order until the effective date of a DOE final rule prescribing
amended test procedures appropriate to the model series manufactured by
Samsung listed above. This expiration date is April 21, 2008 for the
Samsung residential products only, for which such DOE final rule was
published on October 22, 2007 (72 FR 59906).
(5) This waiver is conditioned upon the presumed validity of
statements, representations, and documentary materials provided by the
petitioner. This waiver may be revoked or modified at any time upon a
determination that the factual basis underlying the petition is
incorrect, or DOE determines that the results from the alternate test
procedure are unrepresentative of the basic models' true energy
consumption characteristics.
Issued in Washington, DC, on November 4, 2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. E7-24439 Filed 12-14-07; 8:45 am]
BILLING CODE 6450-01-P
